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.

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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

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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. The appeal must be in writing, peal under paragraphs (b) and (c) of except as allowed under paragraph (e) this section may initially be presented of this section, and shall contain com- orally. If an initial presentation of the plete supporting documentation and appeal is made orally, the appellant evidence which the appellant wishes to must submit the appeal in writing have considered. Upon receipt of the within five days of the oral presen- appeal, the Area Commander may di- tation to the Coast Guard official to rect a representative to gather and whom the presentation was made. The submit documentation or other evi- written appeal must contain, at a min- dence which would be necessary or imum, the basis for the appeal and a helpful to a resolution of the appeal. A summary of the material presented copy of this documentation and evi- orally. If requested, the official to dence is made available to the appel- whom the appeal is directed may stay lant. The appellant is afforded five the effect of the action while the ruling working days from the date of receipt is being appealed. to submit rebuttal materials. Fol- lowing submission of all materials, the [CGD 79–026, 48 FR 35404, Aug. 4, 1983, as Area Commander issues a ruling, in amended by CGD 88–052, 53 FR 25122, July 1, writing, on the appeal. Prior to issuing 1988; CGD 96–026, 61 FR 33668, June 28, 1996; the ruling, the Area Commander may, CGD 97–023, 62 FR 33364, June 19, 1997; USCG– as a matter of discretion, allow oral 2002–12471, 67 FR 41333, June 18, 2002; USCG– 2006–25150, 71 FR 39211, July 12, 2006; 72 FR presentation on the issues. 17409, Apr. 9, 2007; USCG–2010–0351, 75 FR (d) Any person who receives an unfa- 36287, June 25, 2010] vorable ruling on an appeal taken under paragraph (c) of this section, may appeal through the Area Com- Subpart B—Control of Vessel and mander to the Assistant Commandant Facility Operations for Prevention (formerly known as the Assistant Commandant for Marine § 160.101 Purpose. Safety, Security and Environmental This subpart describes the authority Protection), U.S. Coast Guard, (CG–5), exercised by District Commanders and 2100 2nd St. SW., Stop 7355, Wash- Captains of the Ports to insure the ington, DC 20593–7355. The appeal must safety of vessels and waterfront facili- be in writing, except as allowed under ties, and the protection of the navi- paragraph (e) of this section. The Area gable waters and the resources therein. Commander forwards the appeal, all The controls described in this subpart the documents and evidence which are directed to specific situations and formed the record upon which the order hazards.

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§ 160.103 Applicability. sel or structure damage, destruction, or loss, each District Commander or (a) This subpart applies to any— Captain of the Port may: (1) Vessel on the navigable waters of (1) Direct the handling, loading, un- the United States, except as provided loading, storage, and movement (in- in paragraphs (b) and (c) of this sec- cluding the emergency removal, con- tion; trol and disposition) of explosives or (2) Bridge or other structure on or in other dangerous articles and sub- the navigable waters of the United stances, including oil or hazardous ma- States; and terial as those terms are defined in 46 (3) Land structure or shore area im- U.S.C. 2101 on any structure on or in mediately adjacent to the navigable the navigable waters of the United waters of the United States. States, or any land structure or shore (b) This subpart does not apply to area immediately adjacent to those any vessel on the Saint Lawrence Sea- waters; and way. (2) Conduct examinations to assure (c) Except pursuant to international compliance with the safety equipment treaty, convention, or agreement, to requirements for structures. which the United States is a party, this subpart does not apply to any foreign [CGD 79–026, 48 FR 35404, Aug. 4, 1983, as vessel that is not destined for, or de- amended by USCG–1998–3799, 63 FR 35531, parting from, a port or place subject to June 30, 1998] the jurisdiction of the United States § 160.111 Special orders applying to and that is in: vessel operations. (1) Innocent passage through the ter- Each District Commander or Captain ritorial sea of the United States; of the Port may order a vessel to oper- (2) Transit through the navigable wa- ate or anchor in the manner directed ters of the United States which form a when: part of an international strait. (a) The District Commander or Cap- § 160.105 Compliance with orders. tain of the Port has reasonable cause to believe that the vessel is not in com- Each person who has notice of the pliance with any regulation, law or terms of an order issued under this sub- treaty; part must comply with that order. (b) The District Commander or Cap- tain of the Port determines that the § 160.107 Denial of entry. vessel does not satisfy the conditions Each District Commander or Captain for vessel operation and cargo transfers of the Port, subject to recognized prin- specified in § 160.113; or ciples of international law, may deny (c) The District Commander or Cap- entry into the navigable waters of the tain of the Port has determined that United States or to any port or place such order is justified in the interest of under the jurisdiction of the United safety by reason of weather, visibility, States, and within the district or zone sea conditions, temporary port conges- of that District Commander or Captain tion, other temporary hazardous cir- of the Port, to any vessel not in com- cumstances, or the condition of the pliance with the provisions of the Port vessel. and Tanker Safety Act (33 U.S.C. 1221– 1232) or the regulations issued there- § 160.113 Prohibition of vessel oper- under. ation and cargo transfers. (a) Each District Commander or Cap- § 160.109 Waterfront facility safety. tain of the Port may prohibit any ves- (a) To prevent damage to, or the de- sel, subject to the provisions of chapter struction of, any bridge or other struc- 37 of Title 46, U.S. Code, from operating ture on or in the navigable waters of in the navigable waters of the United the United States, or any land struc- States, or from transferring cargo or ture or shore area immediately adja- residue in any port or place under the cent to such waters, and to protect the jurisdiction of the United States, and navigable waters and the resources within the district or zone of that Dis- therein from harm resulting from ves- trict Commander or Captain of the

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Port, if the District Commander or the gave rise to the prohibition no longer Captain of the Port determines that exists. the vessel’s history of accidents, pollu- [CGD 79–026, 48 FR 35404, Aug. 4, 1983, as tion incidents, or serious repair prob- amended by CGD 96–026, 61 FR 33668, June 28, lems creates reason to believe that the 1996; USCG–1998–3799, 63 FR 35531, June 30, vessel may be unsafe or pose a threat 1998; USCG–2006–24371, 74 FR 11212, Mar. 16, to the marine environment. 2009] (b) The authority to issue orders pro- § 160.115 Withholding of clearance. hibiting operation of the vessels or transfer of cargo or residue under para- Each District Commander or Captain graph (a) of this section also applies if of the Port may request the Secretary the vessel: of the Treasury, or the authorized rep- (1) Fails to comply with any applica- resentative thereof, to withhold or re- ble regulation; voke the clearance required by 46 U.S.C. App. 91 of any vessel, the owner (2) Discharges oil or hazardous mate- or operator of which is subject to any rial in violation of any law or treaty of penalties under 33 U.S.C. 1232. the United States; (3) Does not comply with applicable [CGD 79–026, 48 FR 35404, Aug. 4, 1983; 48 FR vessel traffic service requirements; 39059, Aug. 29, 1983, as amended by USCG– 1998–3799, 63 FR 35531, June 30, 1998] (4) While underway, does not have at least one deck officer on the navigation bridge who is capable of commu- Subpart C—Notification of Arrival, nicating in the English language. Hazardous Conditions, and (c) When a vessel has been prohibited Certain Dangerous Cargos from operating in the navigable waters of the United States under paragraphs SOURCE: USCG–2002–11865, 68 FR 9543, Feb. (a) or (b) of this section, the District 28, 2003, unless otherwise noted. Commander or Captain of the Port may allow provisional entry into the navi- § 160.201 General. gable waters of the United States, or This subpart contains requirements into any port or place under the juris- and procedures for submitting Notices diction of the United States and within of Arrival (NOA) and Notice of Haz- the district or zone of that District ardous Condition. The sections in this Commander or Captain of the Port, if subpart describe: the owner or operator of such vessel (a) Applicability and exemptions proves to the satisfaction of the Dis- from requirements in this subpart; trict Commander or Captain of the (b) Required information in an NOA; Port, that the vessel is not unsafe or (c) Required changes to an NOA; does not pose a threat to the marine (d) Methods and times for submission environment, and that such entry is of an NOA and changes to an NOA; necessary for the safety of the vessel or (e) How to obtain a waiver; and the persons on board. (f) Requirements for submission of the Notice of Hazardous Conditions. (d) A vessel which has been prohibited from operating in the navigable § 160.202 Applicability. waters of the United States, or from transferring cargo or residue in a port (a) This subpart applies to U.S. and foreign vessels bound for or departing or place under the jurisdiction of the from ports or places in the United United States under the provisions of States. paragraph (a) or (b)(1), (2) or (3) of this (b) This subpart does not apply to section, may be allowed provisional U.S. recreational vessels under 46 entry if the owner or operator proves, U.S.C. 4301 et seq., but does apply to for- to the satisfaction of the District Com- eign recreational vessels. mander or Captain of the Port that has (c) Unless otherwise specified in this jurisdiction, that the vessel is no subpart, the owner, agent, master, op- longer unsafe or a threat to the envi- erator, or person in charge of a vessel ronment, and that the condition which regulated by this subpart is responsible

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for compliance with the requirements (6) Except for tank vessels, U.S. ves- in this subpart. sels operating solely between ports or (d) Towing vessels controlling a places in the United States on the barge or barges required to submit an Great Lakes. NOA under this subpart must submit (c) Vessels less than 500 gross tons only one NOA containing the informa- need not submit the International tion required for the towing vessel and Safety Management (ISM) Code Notice each barge under its control. (Entry (7) to Table 160.206). (d) Vessels operating solely between [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as amended by USCG–2004–19963, 70 FR 74669, ports or places in the continental Dec. 16, 2005] United States need not submit the Cargo Declaration (Customs Form § 160.203 Exemptions. 1302), (Entry (8) to Table 160.206). (a) Except for reporting notice of haz- (e) This section does not exempt any ardous conditions, the following vessels vessel from compliance with the U.S. are exempt from requirements in this Customs Service (USCS) reporting or subpart: submission requirements. (1) Passenger and supply vessels when (f) U.S. vessels need not submit the they are employed in the exploration International Ship and Port Facility for or in the removal of oil, gas, or Code (ISPS) Notice information (Entry mineral resources on the continental (9) to Table 160.206). shelf. [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as (2) Oil Spill Recovery Vessels amended by USCG–2003–14749, 68 FR 39313, (OSRVs) when engaged in actual spill July 1, 2003; 68 FR 63735, Nov. 10, 2003] response operations or during spill re- EFFECTIVE DATE NOTE: By USCG–2002– sponse exercises. 11865, 68 FR 27908, May 22, 2003, in § 160.203, (3) Vessels operating upon the fol- paragraphs (d) and (e) were suspended, effec- lowing waters: tive May 22, 2003. (i) Mississippi River between its sources and mile 235, Above Head of § 160.204 Definitions. Passes; As used in this subpart: (ii) Tributaries emptying into the Agent means any person, partnership, Mississippi River above mile 235; firm, company or corporation engaged (iii) Atchafalaya River above its by the owner or charterer of a vessel to junction with the Plaquemine-Morgan act in their behalf in matters con- City alternate waterway and the Red cerning the vessel. River; and Barge means a non-self propelled ves- (iv) The Tennessee River from its sel engaged in commerce. confluence with the Ohio River to mile Carried in bulk means a commodity zero on the Mobile River and all other that is loaded or carried on board a tributaries between those two points. vessel without containers or labels and (b) If not carrying certain dangerous received and handled without mark or cargo or controlling another vessel car- count. rying certain dangerous cargo, the fol- Certain dangerous cargo (CDC) in- lowing vessels are exempt from NOA cludes any of the following: requirements in this subpart: (1) Division 1.1 or 1.2 explosives as de- (1) Vessels 300 gross tons or less, ex- fined in 49 CFR 173.50. cept for foreign vessels entering any (2) Division 1.5D blasting agents for port or place in the Seventh Coast which a permit is required under 49 Guard District as described in 33 CFR CFR 176.415 or, for which a permit is re- 3.35–1(b). quired as a condition of a Research and (2) Vessels operating exclusively Special Programs Administration ex- within a Captain of the Port Zone. emption. (3) Vessels arriving at a port or place (3) Division 2.3 ‘‘poisonous gas’’, as under force majeure. listed in 49 CFR 172.101 that is also a (4) Towing vessels and barges oper- ‘‘material poisonous by inhalation’’ as ating solely between ports or places in defined in 49 CFR 171.8, and that is in a the continental United States. quantity in excess of 1 metric ton per (5) Public vessels. vessel.

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(4) Division 5.1 oxidizing materials Crewmember means all persons carried for which a permit is required under 49 on board the vessel to provide naviga- CFR 176.415 or for which a permit is re- tion and maintenance of the vessel, its quired as a condition of a Research and machinery, systems, and arrangements Special Programs Administration ex- essential for propulsion and safe navi- emption. gation or to provide services for other (5) A liquid material that has a pri- persons on board. mary or subsidiary classification of Di- Great Lakes means Lakes Superior, vision 6.1 ‘‘poisonous material’’ as list- Michigan, Huron, Erie, and Ontario, ed in 49 CFR 172.101 that is also a ‘‘ma- their connecting and tributary waters, terial poisonous by inhalation,’’ as de- the Saint Lawrence River as far as fined in 49 CFR 171.8 and that is in a Saint Regis, and adjacent port areas. bulk packaging, or that is in a quan- Gross tons means the tonnage deter- tity in excess of 20 metric tons per ves- mined by the tonnage authorities of a sel when not in a bulk packaging. vessel’s flag state in accordance with (6) Class 7, ‘‘highway route controlled the national tonnage rules in force be- quantity’’ radioactive material or fore the entry into force of the Inter- ‘‘fissile material, controlled ship- national Convention on Tonnage Meas- ment,’’ as defined in 49 CFR 173.403. urement of Ships, 1969 (‘‘Convention’’). (7) Bulk liquefied chlorine gas and For a vessel measured only under Bulk liquefied gas cargo that is flam- Annex I of the Convention, gross tons mable and/or toxic and carried under 46 means that tonnage. For a vessel meas- CFR 154.7. ured under both systems, the higher (8) The following bulk liquids: gross tonnage is the tonnage used for (i) Acetone cyanohydrin, the purposes of the 300-gross-ton (ii) Allyl alcohol, threshold. (iii) Chlorosulfonic acid, Hazardous condition means any condi- (iv) Crotonaldehyde, tion that may adversely affect the safety of any vessel, bridge, structure, or (v) Ethylene chlorohydrin, shore area or the environmental qual- (vi) Ethylene dibromide, ity of any port, harbor, or navigable (vii) Methacrylonitrile, and waterway of the United States. It may, (viii) Oleum (fuming sulfuric acid). but need not, involve collision, (ix) Propylene oxide, alone or mixed allision, fire, explosion, grounding, with ethylene oxide. leaking, damage, injury or illness of a (9) The following bulk solids: person aboard, or manning-shortage. (i) Ammonium nitrate listed as a Di- Nationality means the state (nation) vision 5.1 (oxidizing) material in 49 in which a person is a citizen or to CFR 172.101 that is not certain dan- which a person owes permanent alle- gerous cargo residue (CDC residue). giance. (ii) Ammonium nitrate based fer- Operator means any person including, tilizer listed as a Division 5.1 (oxi- but not limited to, an owner, a dizing) material in 49 CFR 172.101 that charterer, or another contractor who is not CDC residue. conducts, or is responsible for, the op- Certain dangerous cargo residue (CDC eration of a vessel. residue) means ammonium nitrate in Persons in addition to crewmembers bulk or ammonium nitrate based fer- mean any person onboard the vessel, tilizer in bulk remaining after all sale- including passengers, who are not in- able cargo is discharged, not exceeding cluded on the list of crewmembers. 1,000 pounds in total and not individ- Port or place of departure means any ually accumulated in quantities ex- port or place in which a vessel is an- ceeding two cubic feet. chored or moored. Charterer means the person or organi- Port or place of destination means any zation that contracts for the majority port or place in which a vessel is bound of the carrying capacity of a ship for to anchor or moor. the transportation of cargo to a stated Public vessel means a vessel that is port for a specified period. This in- owned or demise-(bareboat) chartered cludes ‘‘time charterers’’ and ‘‘voyage by the government of the United charterers.’’ States, by a State or local government,

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or by the government of a foreign Voyage charterer means the party who country and that is not engaged in hires a vessel for a single voyage. The commercial service. owner and his crew manage the vessel, Time charterer means the party who but the charterer selects the ports of hires a vessel for a specific amount of destination. time. The owner and his crew manage [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as the vessel, but the charterer selects the amended by USCG–2004–19963, 70 FR 74669, ports of destination. Dec. 16, 2005]

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

TABLE 160.206—NOA INFORMATION ITEMS

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

(1) Vessel Information: (i) Name;...... X X X (ii) Name of the registered owner; ...... X X X (iii) Country of registry; ...... X X X (iv) Call sign; ...... X X X (v) International Maritime Organization (IMO) international number or, if vessel does not have an assigned IMO international number, sub- stitute with official number; ...... X X X (vi) Name of the operator; ...... X X X (vii) Name of the charterer; and ...... X X X (viii) Name of classification society ...... X X X (2) Voyage Information: (i) Names of last five ports or places visited; ...... X X X (ii) Dates of arrival and departure for last five ports or places visited; ..... X X X (iii) For each port or place in the United States to be visited list the names of the receiving facility, the port or place, the city, and the state; ...... X X X (iv) For each port or place in the United States to be visited, the estimated date and time of arrival; ...... X X X (v) For each port or place in the United States to be visited, the estimated date and time of departure; ...... X X X (vi) The location (port or place and country) or position (latitude and longitude or waterway and mile marker) of the vessel at the time of reporting; and...... X X X (vii) The name and telephone number of a 24-hour point of contact ...... X X X (3) Cargo Information: (i) A general description of cargo, other than CDC, onboard the vessel (e.g.: grain, container, oil, etc.); ...... X X X (ii) Name of each certain dangerous cargo carried, including cargo UN number, if applicable; and ...... X X (iii) Amount of each certain dangerous cargo carried ...... X X (4) Information for each Crewmember Onboard: (i) Full name; ...... X X X (ii) Date of birth; ...... X X X (iii) Nationality; ...... X X X (iv) Passport or mariners document number (type of identification and number); ...... X X X (v) Position or duties on the vessel; and ...... X X X (vi) Where the crewmember embarked (list port or place and country) ... X X X (5) Information for each Person Onboard in Addition to Crew: (i) Full name; ...... X X X (ii) Date of birth; ...... X X X (iii) Nationality; ...... X X X (iv) Passport number; and ...... X X X (v) Where the person embarked (list port or place and country) ...... X X X (6) Operational condition of equipment required by § 164.35 of this chapter .. X X X (7) International Safety Management (ISM) Code Notice: (i) The date of issuance for the company’s Document of Compliance certificate that covers the vessel; ...... X X X

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TABLE 160.206—NOA INFORMATION ITEMS—Continued

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

(ii) The date of issuance for the vessel’s Safety Management Certificate; and ...... X X X (iii) The name of the Flag Administration, or the recognized organization(s) representing the vessel flag administration, that issued those certificates ...... X X X (8) Cargo Declaration (Customs Form 1302) as described in 19 CFR 4.7 ..... X X X (9) International Ship and Port Facility Code (ISPS) Notice *: (i) The date of issuance for the vessel’s International Ship Security Cer- tificate (ISSC), if any; ...... X X X (ii) Whether the ISSC, if any, is an initial Interim ISSC, subsequent and consecutive Interim ISSC, or final ISSC; ...... X X X (iii) Declaration that the approved ship security plan, if any, is being implemented; ...... X X X (iv) If a subsequent and consecutive Interim ISSC, the reasons therefor; X X X (v) The name and 24-hour contact information for the Company Security Officer; and...... X X X (vi) The name of the Flag Administration, or the recognized security organization(s) representing the vessel flag Administration that issued the ISSC...... X X X * The information required by items 9(i)-(iii) need not be submitted before January 1, 2004. All other information required by item 9 need not be submitted before July 1, 2004.

(b) Vessels operating solely between § 160.208 Changes to a submitted NOA. ports or places in the continental (a) Unless otherwise specified in this United States need submit only the section, when submitted NOA informa- name of and date of arrival and depar- tion changes, vessels must submit a no- ture for the last port or places visited tice of change within the times re- to meet the requirements in entries quired in § 160.212. (2)(i) and (ii) to Table 160.206 of this (b) Changes in the following informa- section. tion need not be reported: (c) You may submit a copy of INS (1) Changes in arrival or departure Form I–418 to meet the requirements of times that are less than six (6) hours; entries (4) and (5) in Table 160.206. (2) Changes in vessel location or posi- (d) Any vessel planning to enter two tion of the vessel at the time of report- or more consecutive ports or places in ing (entry (2)(vi) to Table 160.206); and the United States during a single voy- (3) Changes to crewmembers’ position age may submit one consolidated Noti- or duties on the vessel (entry (5)(v) to fication of Arrival at least 96 hours be- Table 160.206). fore entering the first port or place of (c) When reporting changes, submit destination. The consolidated notice only the name of the vessel, original must include the name of the port or NOA submission date, the port of ar- place and estimated arrival and depar- rival, the specific items to be cor- ture date for each destination of the rected, and the new location or posi- voyage. Any vessel submitting a con- tion of the vessel at the time of report- solidated notice under this section ing. Only changes to NOA information must still meet the requirements of need to be submitted. § 160.208 of this part concerning requirements for changes to an NOA. § 160.210 Methods for submitting an NOA. [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as amended by USCG–2003–14749, 68 FR 39313, (a) Submission to the National Vessel July 1, 2003; 68 FR 63735, Nov. 10, 2003] Movement Center (NVMC). Except as EFFECTIVE DATE NOTE: By USCG–2002– provided in paragraphs (b) and (c) of 11865, 68 FR 27908, May 22, 2003, in § 160.206, in this section, vessels must submit NOA paragraph (a), item (8) in table 160.206 was information required by § 160.206 (en- suspended, effective May 22, 2003. tries 1 through 9 in Table 160.206) to the

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NVMC, United States Coast Guard, 408 the USCS Sea AMS by one of the fol- Coast Guard Drive, Kearneysville, WV lowing methods: 25430, by: (i) By direct connection with USCS (1) Electronic submission via the or by purchasing the proper software; electronic Notice of Arrival and Depar- or ture (eNOAD) and consisting of the fol- (ii) Using a service provider or a Port lowing three formats: Authority. (i) A Web site that can be used to (2) To become a participant in Sea submit NOA information directly to AMS, submitters must provide a letter the NVMC, accessible from the NVMC of intent to USCS prior to first submis- web site at http://www.nvmc.uscg.gov; sion. (ii) Electronic submission of Exten- sible Markup Language (XML) for- [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003; 68 matted documents via web service; FR 63735, Nov. 10, 2003, as amended by USCG– 2004–19963, 70 FR 74669, Dec. 16, 2005] (iii) Electronic submission via Micro- soft InfoPath; contact the NVMC at EFFECTIVE DATE NOTE: By USCG–2002– [email protected] or by telephone at 11865, 68 FR 27908, May 22, 2003, in § 160.210, 1–800–708–9823 or 304–264–2502 for more the last sentence of paragraph (b), the last information; sentence of paragraph (c), and paragraph (d) were suspended, effective May 22, 2003. (2) E-mail at [email protected]. Workbook available at http:// § 160.212 When to submit an NOA. www.nvmc.uscg.gov; (3) Fax at 1–800–547–8724 or 304–264– (a) Submission of NOA. (1) Except as 2684. Workbook available at http:// set out in paragraph (a)(2) of this sec- www.nvmc.uscg.gov; or, tion, all vessels must submit NOAs (4) Telephone at 1–800–708–9823 or 304– within the times required in paragraph 264–2502. (a)(3) of this section. (b) Saint Lawrence Seaway transits. (2) Towing vessels, when in control of Those vessels transiting the Saint a vessel carrying CDC and operating Lawrence Seaway inbound, bound for a solely between ports or places in the port or place in the United States, may continental United States, must sub- meet the submission requirements of mit an NOA before departure but at paragraph (a) of this section by submit- least 12 hours before entering the port ting the required information to the or place of destination. Saint Lawrence Seaway Development (3) Times for submitting NOAs areas Corporation and the Saint Lawrence follows: Seaway Management Corporation of If your voyage Canada by fax at 315–764–3235 or at 315– time is— You must submit an NOA— 764–3200. The Cargo Declaration (Cus- toms Form 1302) in entry (8) in Table (i) 96 hours or At least 96 hours before entering the more; or. port or place of destination; or 160.206 must be submitted electroni- (ii) Less than 96 Before departure but at least 24 hours cally to the USCS, as required by para- hours. before entering the port or place of graph (d) of this section. destination. (c) Seventh Coast Guard District. Those foreign vessels 300 or less gross tons op- (b) Submission of changes to NOA. (1) erating in the Seventh Coast Guard Except as set out in paragraph (b)(2) of District must submit an NOA to the this section, vessels must submit cognizant Captain of the Port (COTP). changes in NOA information within the The Cargo Declaration (Customs Form times required in paragraph (b)(3) of 1302) in entry (8) in Table 160.206 must this section. be submitted electronically to the (2) Towing vessels, when in control of USCS, as required by paragraph (d) of a vessel carrying CDC and operating this section. solely between ports or places in the (d) Submission to the United States Cus- continental United States, must sub- toms Service’s Sea Automated Manifest mit changes to an NOA as soon as prac- System (AMS). (1) Beginning July 1, ticable but at least 6 hours before en- 2003, the Cargo Declaration (Customs tering the port or place of destination. Form 1302) in entry (8) in Table 160.206 (3) Times for submitting changes to must be submitted electronically to NOAs are as follows:

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If your remaining Then you must submit changes to an § 160.215 Notice of hazardous condi- voyage time is— NOA— tions. (i) 96 hours or As soon as practicable but at least 24 Whenever there is a hazardous condi- more;. hours before entering the port or place tion either aboard a vessel or caused by of destination; (ii) Less than 96 As soon as practicable but at least 24 a vessel or its operation, the owner, hours but not hours before entering the port or place agent, master, operator, or person in less than 24 of destination; or charge shall immediately notify the hours; or nearest Coast Guard Sector Office or (iii) Less than 24 As soon as practicable but at least 12 hours. hours before entering the port or place Group Office. (Compliance with this of destination. section does not relieve responsibility for the written report required by 46 (c) Submission of the Cargo Declaration CFR 4.05–10.) (Customs Form 1302). (1) Except as set [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as out in paragraph (c)(2) of this section, amended by USCG–2006–25556, 72 FR 36328, all vessels must submit to USCS the July 2, 2007] Cargo Declaration (Customs Form 1302) in entry (8) to Table 160.206, within the Subpart D—Crewmember times required in paragraph (a)(3) of Identification this section. (2)(i) Except for vessels carrying con- SOURCE: USCG–2007–28648, 74 FR 19140, Apr. tainerized cargo or break bulk cargo, 28, 2009, unless otherwise noted. vessels carrying bulk cargo may submit the Cargo Declaration (Customs § 160.300 Applicability. Form 1302), (Entry (8) to Table 160.206) (a) This subpart applies to crew- before departure but at least 24 hours members on the following vessels in before entering the U.S. port or place the navigable waters of the United of destination. States en route to a U.S. port or place (ii) Vessels carrying break bulk cargo of destination or at a U.S. port or operating under a USCS exemption place: granted under 19 CFR 4.7(b)(4)(ii) may, (1) A foreign vessel engaged in com- during the effective period of the USCS mercial service, and exemption, submit the Cargo Declara- (2) A U.S. vessel engaged in commer- tion (Customs Form 1302), (Entry (8) to cial service and coming from a foreign Table 160.206) before departure but at port or place of departure. least 24 hours before entering the U.S. (b) This subpart also applies to the port or place of destination. operators of the vessels listed in paragraph (a) of this section. [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003; 68 FR 63735, Nov. 10, 2003] § 160.305 Exceptions. EFFECTIVE DATE NOTE: By USCG–2002– Requirements in this subpart do not 11865, 68 FR 27908, May 22, 2003, in § 160.212, apply to crewmembers and operators paragraph (c) was suspended, effective May on a vessel bound for a U.S. port or 22, 2003. place of destination under force majeure. § 160.214 Waivers. The Captain of the Port may waive, § 160.310 Definitions. within that Captain of the Port’s des- As used in this subpart, and only for ignated zone, any of the requirements purposes of this supbpart— of this subpart for any vessel or class Acceptable identification means a: of vessels upon finding that the vessel, (1) Passport; route, area of operations, conditions of (2) U.S. Permanent Resident Card; the voyage, or other circumstances are (3) U.S. merchant mariner document; such that application of this subpart is (4) U.S. merchant mariner credential; unnecessary or impractical for pur- (5) Transportation Worker Identifica- poses of safety, environmental protection Credential (TWIC) issued by the tion, or national security. Transportation Security Administra- tion under 49 CFR part 1572; or

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(6) Seafarer’s Identification Docu- is in the navigable waters of the United ment (SID) issued by or under the au- States. For purposes of this section, a thority of the government of a country crewmember may secure his or her ac- that has ratified the International ceptable identification with the ves- Labour Organization Seafarers’ Iden- sel’s master, so long as the identifica- tity Documents Convention (Revised), tion can be presented on demand. 2003 (ILO 185), meeting all the require- (b) Compliance with the requirements of ILO 185. ments in this section does not relieve Commercial service means any type of vessel crewmembers and operators of trade or business involving the trans- any requirements under the Immigra- portation of goods or individuals, ex- tion and Nationality Act (INA) or INA cept service performed by a combatant implementing regulations. Likewise, vessel. Crewmember means all persons carried compliance with INA requirements onboard a vessel to provide: navigation does not relieve vessel crewmembers services; maintenance of the vessel, its and operators of the requirements in machinery, or systems; arrangements this section. essential for propulsion or safe navigation; or services for other persons on- § 160.320 Sanctions and vessel control. board. Failure to comply with this subpart Foreign vessel means a vessel of for- will subject the crewmember and oper- eign registry or operated under the au- ator to a civil penalty under 46 U.S.C. thority of a country except the United 70119 and the vessel to control under 33 States. U.S.C. 1223(b). Navigable waters of the United States means the same as this term is defined in 33 CFR 2.36(a). This includes a 12- PART 161—VESSEL TRAFFIC nautical-mile wide U.S. territorial sea MANAGEMENT as measured from the baseline, U.S. internal waters subject to tidal influ- Subpart A—Vessel Traffic Services ence, and certain U.S. internal waters GENERAL RULES not subject to tidal influence. Operator means any person including, Sec. but not limited to, an owner, a 161.1 Purpose and Intent. charterer, or another contractor who 161.2 Definitions. conducts, or is responsible for, the op- 161.3 Applicability. eration of a vessel. 161.4 Requirement to carry the rules. Passport means any travel document 161.5 Deviations from the rules. issued by competent authority showing SERVICES, VTS MEASURES, AND OPERATING the bearer’s origin, identity, and na- REQUIREMENTS tionality if any, which is valid for the admission of the bearer into a foreign 161.10 Services. country. 161.11 VTS measures. Port or place of departure means any 161.12 Vessel operating requirements. port or place in which a vessel is an- 161.13 VTS Special Area operating require- chored or moored. ments. Port or place of destination means any Subpart B—Vessel Movement Reporting port or place in which a vessel is bound System to anchor or moor. 161.15 Purpose and intent. § 160.315 Crewmember identification 161.16 Applicability. requirement. 161.17 Definitions. (a) A crewmember subject to this 161.18 Reporting requirements. subpart must carry and present on de- 161.19 Sailing Plan (SP). mand an acceptable identification. An 161.20 Position Report (PR). operator subject to this subpart must 161.21 Automated reporting. ensure that every crewmember on the 161.22 Final Report (FR). vessel has an acceptable identification in his or her possession when the vessel

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161.23 Reporting exemptions. (c) The owner, operator, charterer, master, or person directing the move- Subpart C—Vessel Traffic Service and Ves- ment of a vessel remains at all times sel Movement Reporting System Areas responsible for the manner in which and Reporting Points the vessel is operated and maneuvered, 161.25 Vessel Traffic Service New York and is responsible for the safe naviga- Area. tion of the vessel under all cir- 161.30 Vessel Traffic Service Louisville. cumstances. Compliance with these 161.35 Vessel Traffic Service Houston/Gal- rules or with a direction of the VTS is veston. at all times contingent upon the ex- 161.40 Vessel Traffic Service Berwick Bay. igencies of safe navigation. 161.45 Vessel Traffic Service St. Marys (d) Nothing in this part is intended to River. relieve any vessel, owner, operator, 161.50 Vessel Traffic Service San Francisco. charterer, master, or person directing 161.55 Vessel Traffic Service Puget Sound the movement of a vessel from the con- and the Cooperative Vessel Traffic Serv- sequences of any neglect to comply ice for the Juan de Fuca Region. with this part or any other applicable 161.60 Vessel Traffic Service Prince William Sound. law or regulation (e.g., the Inter- national Regulations for Prevention of AUTHORITY: 33 U.S.C. 1223, 1231; 46 U.S.C. Collisions at Sea, 1972 (72 COLREGS) or 70114, 70119; Pub. L. 107–295, 116 Stat. 2064; De- the Inland Navigation Rules) or of the partment of Homeland Security Delegation No. 0170.1. neglect of any precaution which may be required by the ordinary practice of SOURCE: CGD 90–020, 59 FR 36324, July 15, seamen, or by the special cir- 1994, unless otherwise noted. cumstances of the case. Subpart A—Vessel Traffic Services § 161.2 Definitions. For the purposes of this part: GENERAL RULES Cooperative Vessel Traffic Services (CVTS) means the system of vessel traf- § 161.1 Purpose and Intent. fic management established and jointly (a) The purpose of this part is to pro- operated by the United States and Can- mulgate regulations implementing and ada within adjoining waters. In addi- enforcing certain sections of the Ports tion, CVTS facilitates traffic move- and Waterways Safety Act (PWSA) set- ment and anchorages, avoids jurisdic- ting up a national system of Vessel tional disputes, and renders assistance Traffic Services that will enhance in emergencies in adjoining United navigation, vessel safety, and marine States and Canadian waters. environmental protection, and promote Hazardous Vessel Operating Condition safe vessel movement by reducing the means any condition related to a ves- potential for collisions, rammings, and sel’s ability to safely navigate or ma- groundings, and the loss of lives and neuver, and includes, but is not limited property associated with these inci- to: dents within VTS areas established (1) The absence or malfunction of hereunder. vessel operating equipment, such as (b) Vessel Traffic Services provide propulsion machinery, steering gear, the mariner with information related radar system, gyrocompass, depth to the safe navigation of a waterway. sounding device, automatic radar plot- This information, coupled with the ting aid (ARPA), radiotelephone, Auto- mariner’s compliance with the provi- matic Identification System equip- sions set forth in this part, enhances ment, navigational lighting, sound sig- the safe routing of vessels through con- naling devices or similar equipment. gested waterways or waterways of par- (2) Any condition on board the vessel ticular hazard. Under certain cir- likely to impair navigation, such as cumstances, a VTS may issue direc- lack of current nautical charts and tions to control the movement of ves- publications, personnel shortage, or sels in order to minimize the risk of similar condition. collision between vessels, or damage to (3) Vessel characteristics that affect property or the environment. or restrict maneuverability, such as

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cargo arrangement, trim, loaded condi- spond to traffic situations developing tion, underkeel clearance, speed, or in the VTS area. similar characteristics. Vessel Traffic Service Area or VTS Area Navigable waters means all navigable means the geographical area encom- waters of the United States including passing a specific VTS area of service. the territorial sea of the United States, This area of service may be subdivided extending to 12 nautical miles from into sectors for the purpose of allo- United States baselines, as described in cating responsibility to individual Ves- Presidential Proclamation No. 5928 of sel Traffic Centers or to identify dif- December 27, 1988. ferent operating requirements. Precautionary Area means a routing NOTE: Although regulatory jurisdiction is measure comprising an area within de- limited to the navigable waters of the United fined limits where vessels must navi- States, certain vessels will be encouraged or gate with particular caution and with- may be required, as a condition of port entry, to report beyond this area to facili- in which the direction of traffic may be tate traffic management within the VTS recommended. area. Towing Vessel means any commercial vessel engaged in towing another vessel VTS Special Area means a waterway within a VTS area in which special op- astern, alongside, or by pushing ahead. erating requirements apply. Vessel Movement Center (VMC) means VTS User means a vessel, or an the shore-based facility that operates owner, operator, charterer, master, or the vessel tracking system for a Vessel person directing the movement of a Movement Reporting System (VMRS) vessel, that is: area or sector within such an area. The (a) Subject to the Vessel Bridge-to- VMC does not necessarily have the ca- Bridge Radiotelephone Act; or pability or qualified personnel to inter- (b) Required to participate in a act with marine traffic, nor does it nec- VMRS within a VTS area (VMRS essarily respond to traffic situations User). developing in the area, as does a Vessel VTS User’s Manual means the manual Traffic Service (VTS). established and distributed by the VTS Vessel Movement Reporting System to provide the mariner with a descrip- (VMRS) means a mandatory reporting tion of the services offered and rules in system used to monitor and track ves- force for that VTS. Additionally, the sel movements. This is accomplished manual may include chartlets showing by a vessel providing information the area and sector boundaries, general under established procedures as set navigational information about the forth in this part in the areas defined area, and procedures, radio frequencies, in Table 161.12(c) (VTS and VMRS Cen- reporting provisions and other infor- ters, Call Signs/MMSI, Designated Fre- mation which may assist the mariner quencies, and Monitoring Areas). while in the VTS area. Vessel Movement Reporting System [CGD 90–020, 59 FR 36324, July 15, 1994, as (VMRS) User means a vessel, or an amended by CGE 97–023, 62 FR 33364, June 19, owner, operator, charterer, Master, or 1997; USCG–2003–14757, 68 FR 39364, July 1, person directing the movement of a 2003] vessel that is required to participate in a VMRS. § 161.3 Applicability. Vessel Traffic Center (VTC) means the The provisions of this subpart shall shore-based facility that operates the apply to each VTS User and may also vessel traffic service for the Vessel apply to any vessel while underway or Traffic Service area or sector within at anchor on the navigable waters of such an area. the United States within a VTS area, Vessel Traffic Services (VTS) means a to the extent the VTS considers nec- service implemented by the United essary. States Coast Guard designed to improve the safety and efficiency of ves- § 161.4 Requirement to carry the rules. sel traffic and to protect the environ- Each VTS User shall carry on board ment. The VTS has the capability to and maintain for ready reference a interact with marine traffic and re- copy of these rules.

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NOTE: These rules are contained in the ap- or respond to vessel requests for infor- plicable U.S. Coast Pilot, the VTS User’s mation, on reported conditions within Manual which may be obtained by con- the VTS area, such as: tacting the appropriate VTS, and periodically published in the Local Notice to Mari- (a) Hazardous conditions or cir- ners. The VTS User’s Manual and the World cumstances; VTS Guide, an International Maritime Orga- (b) Vessel congestion; nization (IMO) recognized publication, con- (c) Traffic density; tain additional information which may as- (d) Environmental conditions; sist the prudent mariner while in the appro- (e) Aids to navigation status; priate VTS area. (f) Anticipated vessel encounters; § 161.5 Deviations from the rules. (g) Another vessel’s name, type, position, hazardous vessel operating condi- (a) Requests to deviate from any pro- tions, if applicable, and intended navi- vision in this part, either for an ex- gation movements, as reported; tended period of time or if anticipated (h) Temporary measures in effect; before the start of a transit, must be (i) A description of local harbor oper- submitted in writing to the appropriate ations and conditions, such as ferry District Commander. Upon receipt of routes, dredging, and so forth; the written request, the District Com- (j) Anchorage availability; or mander may authorize a deviation if it is determined that such a deviation (k) Other information or special cir- provides a level of safety equivalent to cumstances. that provided by the required measure § 161.11 VTS measures. or is a maneuver considered necessary for safe navigation under the cir- (a) A VTS may issue measures or di- cumstances. An application for an au- rections to enhance navigation and thorized deviation must state the need vessel safety and to protect the marine and fully describe the proposed alter- environment, such as, but not limited native to the required measure. to: (b) Requests to deviate from any pro- (1) Designating temporary reporting vision in this part due to cir- points and procedures; cumstances that develop during a tran- (2) Imposing vessel operating require- sit or immediately preceeding a tran- ments; or sit, may be made verbally to the appro- (3) Establishing vessel traffic routing priate VTS Director. Requests to devi- schemes. ate shall be made as far in advance as (b) During conditions of vessel con- practicable. Upon receipt of the re- gestion, restricted visibility, adverse quest, the VTS Director may authorize weather, or other hazardous cir- a deviation if it is determined that, cumstances, a VTS may control, super- based on vessel handling characteris- vise, or otherwise manage traffic, by tics, traffic density, radar contacts, en- specifying times of entry, movement, vironmental conditions and other rel- or departure to, from, or within a VTS evant information, such a deviation area. provides a level of safety equivalent to that provided by the required measure § 161.12 Vessel operating require- or is a maneuver considered necessary ments. for safe navigation under the cir- (a) Subject to the exigencies of safe cumstances. navigation, a VTS User shall comply [CGD 90–020, 59 FR 36324, July 15, 1994, as with all measures established or direc- amended by USCG–2005–21531, 70 FR 36350, tions issued by a VTS. June 23, 2005] (b) If, in a specific circumstance, a VTS User is unable to safely comply SERVICES, VTS MEASURES, AND with a measure or direction issued by OPERATING REQUIREMENTS the VTS, the VTS User may deviate only to the extent necessary to avoid § 161.10 Services. endangering persons, property or the To enhance navigation and vessel environment. The deviation shall be re- safety, and to protect the marine envi- ported to the VTS as soon as is prac- ronment, a VTS may issue advisories, ticable.

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(c) When not exchanging voice com- hailed and communicate in the English munications, a VTS User must main- language. tain a listening watch as required by NOTE TO § 161.12(c): As stated in 47 CFR § 26.04(e) of this chapter on the VTS fre- 80.148(b), a very high frequency watch on quency designated in Table 161.12(c) Channel 16 (156.800 MHz) is not required on (VTS and VMRS Centers, Call Signs/ vessels subject to the Vessel Bridge-to- MMSI, Designated Frequencies, and Bridge Radiotelephone Act and participating Monitoring Areas). In addition, the in a Vessel Traffic Service (VTS) system when the watch is maintained on both the VTS User must respond promptly when vessel bridge-to-bridge frequency and a designated VTS frequency.

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

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

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

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

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

New York—003669951 New York Traffic ...... 156.550 MHz (Ch. 11) ...... The area consists of the navigable waters of the Lower New —For Sailing Plans only York Bay bounded on the east by a line drawn from Norton 156.600 MHz (Ch. 12) Point to Breezy Point; on the south by a line connecting —For vessels at anchor the entrance buoys at the Ambrose Channel, Swash Chan- nel, and Sandy Hook Channel to Sandy Hook Point; and on the southeast including the waters of Sandy Hook Bay south to a line drawn at latitude 40° 25′ N; then west in the Raritan Bay to the Raritan River Railroad Bridge, then north into waters of the Arthur Kill and Newark Bay to the Lehigh Valley Draw Bridge at latitude 40° 41.9N; and then east including the waters of the Kill Van Kull and the Upper New York Bay north to a line drawn east-west from the Holland Tunnel ventilator shaft at latitude 40° 43.7′ N, longitude 74° 01.6′ W, in the Hudson River; and then continuing east including the waters of the East River to the Throgs Neck Bridge, excluding the Harlem River. New York Traffic ...... 156.700 MHz (Ch. 14) ...... The navigable waters of the Lower New York Bay west of a line drawn from Norton Point to Breezy Point; and north of a line connecting the entrance buoys of Ambrose Channel, Swash Channel, and Sandy Hook Channel, to Sandy Hook Point; on the southeast including the waters of the Sandy Hook Bay south to a line drawn at latitude 40° 25′ N; then west into the waters of Raritan Bay East Reach to a line drawn from Great Kills Light south through Raritan Bay East Reach LGB #14 to Comfort PT, NJ; then north including the waters of the Upper New York Bay south of 40° 42.40′ N (Brooklyn Bridge) and 40° 43.70′ N (Holland Tun- nel Ventilator Shaft); west through the KVK into the Arthur Kill north of 40° 38.25′ N (Arthur Kill Railroad Bridge); then north into the waters of the Newark Bay, south of 40° 41.95′ N (Lehigh Valley Draw Bridge). New York Traffic ...... 156.600 MHz (Ch. 12) ...... The navigable waters of the Raritan Bay south to a line drawn at latitude 40° 26′ N; then west of a line drawn from Great Kills Light south through the Raritan Bay East Reach LGB #14 to Point Comfort, NJ; then west to the Raritan River Railroad Bridge; and north including the waters of the Arthur Kill to 40° 28.25′ N (Arthur Kill Railroad Bridge); including the waters of the East River north of 40° 42.40′ N (Brooklyn Bridge) to the Throgs Neck Bridge, excluding the Harlem River. Port Arthur 6—003669955 Sabine Traffic ...... To be determined ...... The navigable waters south of 30°10′ N., east of 94°20′ W., west of 93°22′ W, and, north of 29° 10′ N. Prince William Sound— 003669958 Valdez Traffic ...... 156.650 MHz (Ch. 13) ...... The navigable waters south of 61°05′ N., east of 147°20′ W., north of 60° N., and west of 146°30′ W.; and, all navigable waters in Port Valdez. Puget Sound 7 Seattle Traffic—003669957 ..... 156.700 MHz (Ch. 14) ...... The waters of Puget Sound, Hood Canal and adjacent waters south of a line connecting Nodule Point and Bush Point in Admiralty Inlet and south of a line drawn due east from the southernmost tip of Possession Point on Whidbey Island to the shoreline. Seattle Traffic—003669957 ..... 156.250 MHz (Ch. 5A) ...... The waters of the Strait of Juan de Fuca east of 124°40′ W. excluding the waters in the central portion of the Strait of Juan de Fuca north and east of Race Rocks; the navigable waters of the Strait of Georgia east of 122°52′ W.; the San Juan Island Archipelago, Rosario Strait, Bellingham Bay; Admiralty Inlet north of a line connecting Nodule Point and Bush Point and all waters east of Whidbey Island North of a line drawn due east from the southernmost tip of Posses- sion Point on Whidbey Island to the shoreline. Tofino Traffic—003160012 ...... 156.725 MHz (Ch. 74) ...... The waters west of 124°40′ W. within 50 nautical miles of the coast of Vancouver Island including the waters north of 48° N., and east of 127° W.

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

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

Victoria Traffi—003160010 ...... 156.550 MHz (Ch. 11) ...... The waters of the Strait of Georgia west of 122°52′ W., the navigable waters of the central Strait of Juan de Fuca north and east of Race Rocks, including the Gulf Island Archi- pelago, Boundary Pass and Haro Strait. San Francisco—003669956 San Francisco Traffic ...... 156.700 MHz (Ch. 14) ...... The navigable waters of the San Francisco Offshore Pre- cautionary Area, the navigable waters shoreward of the San Francisco Offshore Precautionary Area east of 122°42.0′ W. and north of 37°40.0′ N. extending eastward through the Golden Gate, and the navigable waters of San Francisco Bay and as far east as the port of Stockton on the San Joaquin River, as far north as the port of Sac- ramento on the Sacramento River. San Francisco Traffic ...... 156.600 MHz (Ch. 12) ...... The navigable waters within a 38 nautical mile radius of Mount Tamalpais (37°55.8′ N., 122°34.6′ W.) west of 122°42.0′ W. and south of 37°40.0′ N and excluding the San Francisco Offshore Precautionary Area. St. Marys River—003669953 Soo Traffic ...... 156.600 MHz (Ch. 12) ...... The waters of the St. Marys River between 45°57′ N. (De Tour Reef Light) and 46°38.7′ N. (lle Parisienne Light), except the St. Marys Falls Canal and those navigable waters east of a line from 46°04.16′ N. and 46°01.57′ N. (La Pointe to Sims Point in Potagannissing Bay and Worsley Bay).

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

(d) As soon as is practicable, a VTS (7) A situation involving hazardous User shall notify the VTS of any of the materials for which a report is required following: by 49 CFR 176.48; and (1) A marine casualty as defined in 46 (8) A hazardous vessel operating con- CFR 4.05–1; dition as defined in § 161.2. (2) Involvement in the ramming of a [CGD 90–020, 59 FR 36324, July 15, 1994, as fixed or floating object; amended by CGD 95–033, 60 FR 28329, May 31, (3) A pollution incident as defined in 1995; CGD 92–052, 61 FR 45326, Aug. 29, 1996; § 151.15 of this chapter; USCG–1999–6141, 64 FR 69636, Dec. 14, 1999; (4) A defect or discrepancy in an aid USCG–2003–14757, 68 FR 39364, July 1, 2003; 68 to navigation; FR 60569, Oct. 22, 2003; USCG–2004–18057, 69 (5) A hazardous condition as defined FR 34926, June 23, 2004; CGD01–04–133, 72 FR in § 160.203 of this chapter; 50058, Aug. 30, 2007; 72 FR 70780, Dec. 13, 2007; USCG–2008–0179, 73 FR 35016, June 19, 2008] (6) Improper operation of vessel equipment required by part 164 of this chapter;

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§ 161.13 VTS Special Area operating radiotelephone frequencies, reports requirements. shall be limited to information which The following operating require- is essential to achieve the objectives of ments apply within a VTS Special the VMRS. These reports are consoli- Area: dated into three reports (sailing plan, (a) A VTS User shall, if towing position, and final). astern, do so with as short a hawser as [CGD 90–020, 59 FR 36324, July 15, 1994, as safety and good seamanship permits. amended by USCG–2003–14757, 68 FR 39366, (b) A VMRS User shall: (1) Not enter July 1, 2003] or get underway in the area without prior approval of the VTS; § 161.16 Applicability. (2) Not enter a VTS Special Area if a hazardous vessel operating condition or Unless otherwise stated, the provi- circumstance exists; sions of this subpart apply to the fol- (3) Not meet, cross, or overtake any lowing vessels and VMRS Users: other VMRS User in the area without (a) Every power-driven vessel of 40 prior approval of the VTS; and meters (approximately 131 feet) or (4) Before meeting, crossing, or over- more in length, while navigating; taking any other VMRS User in the (b) Every towing vessel of 8 meters area, communicate on the designated (approximately 26 feet) or more in vessel bridge-to-bridge radiotelephone length, while navigating; or frequency, intended navigation move- (c) Every vessel certificated to carry ments, and any other information nec- 50 or more passengers for hire, when essary in order to make safe passing engaged in trade. arrangements. This requirement does not relieve a vessel of any duty pre- [CGD 90–020, 59 FR 36324, July 15, 1994, as scribed by the International Regula- amended by USCG–2003–14757, 68 FR 39366, tions for Prevention of Collisions at July 1, 2003] Sea, 1972 (72 COLREGS) or the Inland Navigation Rules. § 161.17 Definitions. As used in this subpart: Subpart B—Vessel Movement Center means a Vessel Traffic Center Reporting System or Vessel Movement Center. Published means available in a wide- § 161.15 Purpose and intent. ly-distributed and publicly available (a) A Vessel Movement Reporting medium (e.g., VTS User’s Manual, ferry System (VMRS) is a system used to schedule, Notice to Mariners). monitor and track vessel movements VTS or VMRS area. This is accom- [USCG–2003–14757, 68 FR 39366, July 1, 2003] plished by requiring that vessels pro- § 161.18 Reporting requirements. vide information under established procedures as set forth in this part, or as (a) A Center may: (1) Direct a vessel directed by the Center. to provide any of the information set (b) To avoid imposing an undue re- forth in Table 161.18(a) (IMO Standard porting burden or unduly congesting Ship Reporting System);

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

A ALPHA ...... Ship ...... Name, call sign or ship station identity, and flag. B BRAVO ...... Dates and time of event A 6 digit group giving day of month (first two digits), hours and minutes (last four digits). If other than UTC state time zone used. C CHARLIE ...... Position ...... A 4 digit group giving latitude in degrees and minutes suffixed with N (north) or S (south) and a 5 digit group giving longitude in degrees and minutes suffixed with E (east) or W (west); or.

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

D DELTA ...... Position ...... True bearing (first 3 digits) and distance (state distance) in nautical miles from a clearly identified landmark (state landmark). E ECHO ...... True course ...... A 3 digit group. F FOXTROT ...... Speed in knots and A 3 digit group. tenths of knots. G GOLF ...... Port of Departure ...... Name of last port of call. H HOTEL ...... Date, time and point of Entry time expressed as in (B) and into the entry system. entry position expressed as in (C) or (D). I INDIA ...... Destination and ex- Name of port and date time group expressed pected time of arrival. as in (B). J JULIET ...... Pilot ...... State whether a deep sea or local pilot is on board. K KILO ...... Date, time and point of Exit time expressed as in (B) and exit position exit from system. expressed as in (C) or (D). L LIMA ...... Route information ...... Intended track. M MIKE ...... Radio ...... State in full names of communications stations/ frequencies guarded. N NOVEMBER ...... Time of next report ...... Date time group expressed as in (B). O OSCAR ...... Maximum present static 4 digit group giving meters and centimeters. draught in meters. P PAPA ...... Cargo on board ...... Cargo and brief details of any dangerous cargoes as well as harmful substances and gases that could endanger persons or the environment. Q QUEBEC ...... Defects, damage, defi- Brief detail of defects, damage, deficiencies or ciencies or limitations. other limitations. R ROMEO ...... Description of pollution Brief details of type of pollution (oil, chemicals, or dangerous goods etc) or dangerous goods lost overboard; posi- lost. tion expressed as in (C) or (D). S SIERRA ...... Weather conditions ...... Brief details of weather and sea conditions prevailing. T TANGO ...... Ship’s representative Details of name and particulars of ship’s rep- and/or owner. resentative and/or owner for provision of information. U UNIFORM ...... Ship size and type ...... Details of length, breadth, tonnage, and type, etc., as required. V VICTOR ...... Medical personnel ...... Doctor, physician’s assistant, nurse, no medic. W WHISKEY ...... Total number of per- State number. sons on board. X XRAY ...... Miscellaneous ...... Any other information as appropriate. [i.e., a detailed description of a planned operation, which may include: its duration; effective area; any restrictions to navigation; notification procedures for approaching vessels; in addition, for a towing operation: configuration, length of the tow, available horsepower, etc.; for a dredge or floating plant: configuration of pipeline, mooring configuration, number of assist vessels, etc.].

(2) Establish other means of report- 161.12(c) (VTS and VMRS Centers, Call ing for those vessels unable to report Signs/MMSI, Designated Frequencies, on the designated frequency; or and Monitoring Areas). (3) Require reports from a vessel in (c) When not exchanging communica- sufficient time to allow advance vessel tions, a VMRS User must maintain a traffic planning. listening watch as described in § 26.04(e) (b) All reports required by this part of this chapter on the frequency des- shall be made as soon as is practicable ignated in Table 161.12(c) (VTS and on the frequency designated in Table

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VMRS Centers, Call Signs/MMSI, Des- § 161.21 Automated reporting. ignated Frequencies, and Monitoring (a) Unless otherwise directed, vessels Areas). In addition, the VMRS User must respond promptly when hailed equipped with an Automatic Identifica- and communicate in the English lan- tion System (AIS) are required to guage. make continuous, all stations, AIS broadcasts, in lieu of voice Position NOTE: As stated in 47 CFR 80.148(b), a VHF Reports, to those Centers denoted in watch on Channel 16 (156.800 MHz) is not re- Table 161.12(c) of this part. quired on vessels subject to the Vessel Bridge-to-Bridge Radiotelephone Act and (b) Should an AIS become non-oper- participating in a Vessel Traffic Service ational, while or prior to navigating a (VTS) system when the watch is maintained VMRS area, it should be restored to op- on both the vessel bridge-to-bridge frequency erating condition as soon as possible, and a designated VTS frequency. and, until restored a vessel must: (d) A vessel must report: (1) Notify the Center; (1) Any significant deviation from its (2) Make voice radio Position Reports Sailing Plan, as defined in § 161.19, or at designated reporting points as re- from previously reported information; quired by § 161.20(b) of this part; and or (3) Make any other reports as di- (2) Any intention to deviate from a rected by the Center. VTS issued measure or vessel traffic [USCG–2003–14757, 68 FR 39366, July 1, 2003] routing system. (e) When reports required by this § 161.22 Final Report (FR). part include time information, such information shall be given using the A vessel must report its name and local time zone in effect and the 24- position: hour military clock system. (a) On arrival at its destination; or (b) When leaving a VTS area. [CGD 90–020, 59 FR 36324, July 15, 1994, as amended by USCG–2003–14757, 68 FR 39366, § 161.23 Reporting exemptions. July 1, 2003] (a) Unless otherwise directed, the fol- § 161.19 Sailing Plan (SP). lowing vessels are exempted from pro- Unless otherwise stated, at least 15 viding Position and Final Reports due minutes before navigating a VTS area, to the nature of their operation: a vessel must report the: (1) Vessels on a published schedule (a) Vessel name and type; and route; (b) Position; (2) Vessels operating within an area (c) Destination and ETA; of a radius of three nautical miles or (d) Intended route; less; or (e) Time and point of entry; and (3) Vessels escorting another vessel (f) Dangerous cargo on board or in its or assisting another vessel in maneu- tow, as defined in § 160.203 of this chap- vering procedures. ter, and other required information as (b) A vessel described in paragraph set out in § 160.211 and § 160.213 of this (a) of this section must: chapter, if applicable. (1) Provide a Sailing Plan at least 5 minutes but not more than 15 minutes § 161.20 Position Report (PR). before navigating within the VMRS A vessel must report its name and area; and position: (2) If it departs from its promulgated (a) Upon point of entry into a VMRS schedule by more than 15 minutes or area; changes its limited operating area, (b) At designated reporting points as make the established VMRS reports, or set forth in subpart C; or report as directed. (c) When directed by the Center. [CGD 90–020, 59 FR 36324, July 15, 1994, as [CGD 90–020, 59 FR 36324, July 15, 1994, as amended by CGD 97–023, 62 FR 33364, June 19, amended by USCG–2003–14757, 68 FR 39366, 1997; USCG–2003–14757, 68 FR 39367, July 1, July 1, 2003] 2003]

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Subpart C—Vessel Traffic Service McAlpine Locks (Mile 606.8) and and Vessel Movement Report- Twelve Mile Island (Mile 593), only ing System Areas and Report- when the McAlpine upper pool gauge is ing Points at 13.0 feet or above. [CGD 90–020, 59 FR 36324, July 15, 1994, as NOTE: All geographic coordinates con- amended by USCG–1998–3799, 63 FR 35531, tained in part 161 (latitude and longitude) June 30, 1998] are expressed in North American Datum of 1983 (NAD 83). § 161.35 Vessel Traffic Service Hous- ton/Galveston. § 161.25 Vessel Traffic Service New York Area. (a) The VTS area consists of the following major waterways and portions The area consists of the navigable of connecting waterways: Galveston waters of the Lower New York Harbor bounded on the east by a line drawn Bay Entrance Channel; Outer Bar from Norton Point to Breezy Point; on Channel; Inner Bar Channel; Bolivar the south by a line connecting the en- Roads Channel; Galveston Channel; trance buoys at the Ambrose Channel, Gulf ICW and Galveston-Freeport Cut- Swash Channel, and Sandy Hook Chan- Off from Mile 346 to Mile 352; Texas nel to Sandy Hook Point; and on the City Channel; Texas City Turning southeast including the waters of Basin; Texas City Canal Channel; Sandy Hook Bay south to a line drawn Texas City Canal Turning Basin; Hous- at latitude 40°25′ N.; then west into wa- ton Ship Channel; Bayport Channel; ters of the Raritan Bay to the Raritan Bayport Turning Basin; Houston Turn- River Rail Road Bridge; and then north ing Basin; and the following pre- including the waters of the Arthur Kill cautionary areas associated with these and Newark Bay to the Lehigh Valley waterways. Draw Bridge at latitude 40°41.9′ N.; and (b) Precautionary areas. then east including the waters of the Kill Van Kull and Upper New York Bay TABLE 161.35(B)—VTS HOUSTON/GALVESTON north to a line drawn east-west from PRECAUTIONARY AREAS the Holland Tunnel Ventilator Shaft at Center point ° ′ ° ′ Precautionary Radius latitude 40 43.7 N., longitude 74 01.6 W. area name (yds.) in the Hudson River; and then con- Latitude Longitude tinuing east including the waters of Bolivar Roads 4000 29°20.9′ N 94°47.0′ W the East River to the Throgs Neck Red Fish Bar 4000 29°29.8′ N 94°51.9′ W Bridge, excluding the Harlem River. Bayport Chan- 4000 29°36.7′ N 94°57.2′ W nel. NOTE: Although mandatory participation Morgans Point 2000 29°41.0′ N 94°59.0′ W in VTSNY is limited to the area within the Upper San 1000 29°42.3′ N 95°01.1′ W navigable waters of the United States, Jacinto Bay. VTSNY will provide services beyond those Baytown ...... 1000 29°43.6′ N 95°01.4′ W waters. Prospective users are encouraged to Lynchburg ...... 1000 29°45.8′ N 95°04.8′ W report beyond the area of required participa- Carpenters 1000 29°45.3′ N 95°05.6′ W Bayou. tion in order to facilitate advance vessel ° ′ ° ′ traffic management in the VTS area and to Jacintoport ..... 1000 29 44.8 N 95 06.0 W Greens Bayou 1000 29°44.8′ N 95°10.2′ W receive VTSNY advisories and/or assistance. Hunting Bayou 1000 29°44.3′ N 95°12.1′ W [CGD 92–052, 61 FR 45327, Aug. 29, 1996] Sims Bayou ... 1000 29°43.2′ N 95°14.4′ W Brady Island .. 1000 29°43.5′ N 95°16.4′ W § 161.30 Vessel Traffic Service Louis- Buffalo Bayou 1000 29°45.0′ N 95°17.3′ W ville. NOTE: Each Precautionary Area encompasses a circular The VTS area consists of the navi- area of the radius denoted. gable waters of the Ohio River between (c) Reporting points.

TABLE 161.35(C)—VTS HOUSTON/GALVESTON REPORTING POINTS

Desig- nator Geographic name Geographic description Latitude/ longitude Notes

1 ...... Galveston Bay Entrance Galveston Bay Entrance CH 29° 18.2′ N; 94° 37.6′ W Channel. Lighted Buoy (LB) ‘‘1C’’. 2 ...... Galveston Bay Entrance Galveston Bay Entrance Chan- 29° 20.6′ N; 94° 44.6′ W Channel. nel LB 11 and 12.

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TABLE 161.35(C)—VTS HOUSTON/GALVESTON REPORTING POINTS—Continued

Desig- nator Geographic name Geographic description Latitude/ longitude Notes

E ...... Bolivar Land Cut...... Mile 349 Intracoastal Water- 29° 22.5′ N; 94° 46.9′ W Tows entering HSC way (ICW). also report at HSC LB 25 & 26. W ...... Pelican Cut ...... Mile 351 ICW ...... 29° 21.4′ N; 94° 48.5′ W Tows entering HSC also report at HSC LB 25 & 26. G ...... Galveston Harbor ...... Galveston Channel Lt. 2 ...... 29° 20.2′ N; 94° 46.6′ W Coast Guard Base. T ...... Texas City Channel ...... Texas City Channel Lt. 12 ...... 29° 22.4′ N; 94° 50.9′ W X ...... Houston Ship Channel Houston Ship Channel (HSC) 29° 22.2′ N; 94° 48.1′ W Tow entering HSC ICW Intersection. LB 25 and 26. from ICW or Texas Cut Only. 3 ...... Lower Galveston Bay ...... HSC Lt. 31 and LB 32 ...... 29° 23.8′ N; 94° 48.9′ W 4 ...... Red Fish Bar ...... HSC Lt. 53 & 54 ...... 29° 30.3′ N; 94° 52.4′ W P ...... Bayport Ship Channel ..... Bayport Ship Channel Lt. 8 29° 36.8′ N; 94° 59.5′ W Bayport Land Cut. and 9. 4A ...... Upper Galveston Bay ...... HSC Lt. 69 and 70 ...... 29° 34.7′ N; 94° 55.8′ W Tows only. 5 ...... Morgan’s Point ...... HSC Lt. 91 ...... 29° 41.0′ N; 94° 59.0′ W 6 ...... Exxon ...... HSC Lt. 109A ...... 29° 43.5′ N; 95° 01.4′ W 7 ...... Lynchburg ...... Ferry crossing ...... 29° 45.8′ N; 95° 04.8′ W 8 ...... Shell Oil ...... Boggy Bayou ...... 29° 44.1′ N; 95° 08.0′ W 9 ...... Greens Bayou ...... HSC Lt. 152 ...... 29° 44.8′ N; 95° 10.1′ W 10 ...... Hunting Bayou ...... Hunting Bayou Turning Basin. 29° 44.4′ N; 95° 12.1′ W 11 ...... Lyondell ...... Sims Bayou Turning Basin...... 29° 43.2′ N; 95° 14.4′ W 12 ...... I–610 Bridge ...... I–610 Bridge ...... 29° 43.5′ N; 95° 16.0′ W 13 ...... Buffalo Bayou ...... Houston Turning Basin ...... 29° 45.0′ N; 95° 17.4′ W

[CGD 90–020, 59 FR 36324, July 15, 1994, as amended by CGD 95–033, 60 FR 28331, May 31, 1995; USCG–2000–7223, 65 FR 40058, June 29, 2000; USCG–2007–27887, 72 FR 45904, Aug. 16, 2007]

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

TABLE 161.40(c)—VTS BERWICK BAY REPORTING POINTS

Latitude/lon- Designator Geographic name Geographic description gitude Notes

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

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TABLE 161.40(c)—VTS BERWICK BAY REPORTING POINTS—Continued

Latitude/lon- Designator Geographic name Geographic description gitude Notes

9 ...... Shaffer Junction ...... ICW-Bayou Shaffer Mile 29°41′10″ N 94.5 ICW. 91°11′38″ W

[CGD 90–020, 59 FR 36324, July 15, 1994, as amended by CGD 95–033, 60 FR 28332, May 31, 1995; USCG–1998–3799, 63 FR 35531, June 30, 1998; USCG–2009–0416, 74 FR 27441, June 10, 2009]

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

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

Designator Geographic name Geographic description Latitude/longitude‘ Notes

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

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

§ 161.50 Vessel Traffic Service San § 161.55 Vessel Traffic Service Puget Francisco. Sound and the Cooperative Vessel Traffic Service for the Juan de The VTS area consists of all the nav- Fuca Region. igable waters of San Francisco Bay Re- gion south of the Mare Island Cause- The Vessel Traffic Service Puget way Bridge and the Petaluma River Sound area consists of the navigable Entrance Channel Daybeacon 19 and waters of the United States bounded by a line drawn from the Washington Petaluma River Entrace Channel Light State coastline at 48°23′08″ N., 124°43′37″ 20 and north of the Dumbarton Bridge; W. on Cape Flattery to the Cape Flat- its seaward approaches within a 38 nau- tery Light at 48°23′30″ N., 124°44′12″ W. tical mile radius of Mount Tamalpais on Tatoosh Island, due west to the U.S. ′ ′ (37–55.8 N., 122–34.6 W.); and its navi- Territorial Sea Boundary; thence gable tributaries as far east as the port northward along the U.S. Territorial of Stockton on the San Joaquin River, Sea Boundary to its intersection with as far north as the port of Sacramento the U.S./Canada International Bound- on the Sacramento River. ary; thence east along the U.S./Canada [CGD 90–020, 59 FR 36324, July 15, 1994, as International Boundary through the amended by CGD 95–033, 60 FR 28332, May 31, waters known as the Strait of Juan de 1995] Fuca, Haro Strait, Boundary Pass, and the Strait of Georgia to the Wash- ington State coastline at 49°00′06″ N., 122°45′18″ W. (International Boundary

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Range C Rear Light). This area in- in the Rosario Strait and Guemes cludes: Puget Sound, Hood Canal, Pos- Channel VTS Special Areas: session Sound, the San Juan Island Ar- (1) A vessel engaged in towing shall chipelago, Rosario Strait, Guemes not impede the passage of a vessel of Channel, Bellingham Bay, the U.S. wa- 40,000 dead weight tons or more. ters of the Strait of Juan de Fuca and (2) A vessel of less than 40,000 dead the Strait of Georgia, and all waters weight tons is exempt from the provi- adjacent to the above. sion set forth in § 161.13(b)(1) of this (a) Vessel Traffic Service Puget part. Sound participates in a U.S./Canadian (3) A vessel of less than 100 meters in Cooperative Vessel Traffic Service length is exempt from the provisions (CVTS) to jointly manage vessel traffic set forth in § 161.13(b)(3) of this part. in the Juan de Fuca Region. The CVTS Approval will not be granted for: for the Juan de Fuca Region consists of (i) A vessel of 100 meters or more in all waters of the Strait of Juan de Fuca length to meet or overtake; or cross or and its offshore approaches, southern operate within 2,000 yards (except when Georgia Strait, the Gulf and San Juan crossing astern) of a vessel of 40,000 Archipelagos, Rosario Strait, Boundary dead weight tons or more; or Pass and Haro Strait, bounded on the northwest by 48°35′45″ N.; and on the (ii) A vessel of 40,000 dead weight tons southwest by 48°23′30″ N.; and on the or more to meet or overtake; or cross west by the rhumb line joining 48°35′45″ or operate within 2,000 yards (except N., 124°47′30″ W. with 48°23′30″ N., when crossing astern) of a vessel of 100 124°48′37″ W.; and on the northeast in meters or more in length. the Strait of Georgia, by a line drawn (d) Reporting Point. Inbound vessels along 49° N. from Vancouver Island to in the Strait of Juan de Fuca upon Semiahmoo Bay; and on the southeast, crossing 124–W. by a line drawn from McCurdy Point on [CGD 90–020, 59 FR 36324, July 15, 1994, as the Quimper Peninsula to Point Par- amended by USCG–1998–3799, 63 FR 35531, tridge on Whidbey Island. Canadian June 30, 1998] and United States Vessel Traffic Cen- ters (Tofino, B.C., Canada, Vancouver, § 161.60 Vessel Traffic Service Prince BC, Canada and Seattle, WA) manage William Sound. traffic within the CVTS area irrespec- (a) The VTS area consists of the nav- tive of the International Boundary. igable waters of the United States (b) VTS Special Areas. (1) The north of a line drawn from Cape Rosario Strait VTS Special Area con- Hinchinbrook Light to Schooner Rock sists of those waters bounded to the Light, comprising that portion of south by the center of Precautionary Prince William Sound between 146°30′ Area ‘‘RB’’ (a circular area of 2,500 W. and 147°20′ W. and includes Valdez yards radius centered at 48°26′24″ N., Arm, Valdez Narrows and Port Valdez. ° ′ ″ 122 45 12 W.), and to the north by the (b) The Valdez Arm VTS Special Area center of Precautionary Area ‘‘C’’ (a consists of the waters of the Valdez circular area of 2,500 yards radius cen- Arm Traffic Separation Scheme (de- ° ′ ″ ° ′ ″ tered at 48 40 34 N., 122 42 44 W.; Light- scribed in § 167.1703 of this chapter); the ed Buoy ‘‘C’’); and waters northeast of a line drawn from NOTE: The center of precautionary area shoreline to shoreline through the ‘‘RB’’ is not marked by a buoy. All pre- points 60°58.04′ N, 146°46.52′ W and cautionary areas are depicted on National 60°58.93′ N, 146°48.86′ W; and southwest Oceanic and Atmospheric Administration of a line bearing 307° True from Tongue (NOAA) nautical charts. Point at 61°02.10′ N, 146°40.00′ W. (2) The Guemes Channel VTS Special (c) The Valdez Narrows VTS Special Area consists of those waters bounded Area consists of those waters of Valdez to the west by Shannon Point on Arm, Valdez Narrows, and Port Valdez Fidalgo Island and to the east by northeast of a line bearing 307° True Southeast Point on Guemes Island. from Tongue Point at 61°02′06″ 146°40′ (c) Additional VTS Special Area Op- W.; and southwest of a line bearing 307° erating Requirements. The following True from Entrance Island Light at additional requirements are applicable 61°05′06″ N., 146°36′42″ W.

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(d) Additional VTS Special Area Op- (ii) A northbound vessel shall remain erating Requirements. The following south of 61° N. until the VTS has grant- additional requirements are applicable ed permission to proceed; and in the Valdez Narrows VTS Special (iii) A southbound vessel shall re- Area: main in Port Valdez east of 146°35′ W. (1) No VMRS User shall proceed and north of 61°06′ N. until the VTS has north of 61° N. without prior approval granted permission to proceed. of the VTS. (3) Paragraph (c)(2) of this section applies to— (2) For a vessel listed in paragraph (i) A vessel of 1600 gross tons or more; (c)(3) of this section— and (i) Approval to enter this area will (ii) A towing vessel of 8 meters or not be granted to a vessel when a tank more in length, except for a vessel per- vessel of more than 20,000 deadweight forming duties as an escort vessel as tons is navigating therein; defined in 33 CFR part 168. (e) Reporting Points.

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

Designator Geographic name Geographic description Latitude/longitude Notes

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

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

PART 162—INLAND WATERWAYS 162.85 Yazoo Diversion Canal, Vicksburg, Miss., from its mouth at Kleinston Land- NAVIGATION REGULATIONS ing to Fisher Street; navigation. 162.90 White River, Arkansas Post Canal, Sec. Arkansas River, and Verdigris River be- 162.1 General. tween Mississippi River, Ark., and 162.5 Definitions. Catoosa, Okla.; use, administration, and 162.15 Manhasset Bay, N.Y.; seaplane re- navigation. stricted area. 162.100 Ohio River at Louisville, KY. 162.20 Flushing Bay near La Guardia Air- 162.105 Missouri River; administration and port, Flushing, N.Y.; restricted area. navigation. 162.30 Channel of Tuckerton Creek, N.J.; 162.110 Duluth-Superior Harbor, Minnesota and Wisconsin. navigation. 162.115 Keweenaw Waterway, Mich. 162.35 Channel of Christina River, Del.; 162.117 St. Marys River, Sault Ste. Marie, navigation. Michigan. 162.40 Inland waterway from Delaware 162.120 Harbors on Lake Michigan. River to Chesapeake Bay, Del. and Md. 162.125 Sturgeon Bay and the Sturgeon Bay (Chesapeake and Delaware Canal). Ship Canal, Wisc. 162.65 All waterways tributary to the Atlan- 162.130 Connecting waters from Lake Huron tic Ocean south of Chesapeake Bay and to Lake Erie; general rules. all waterways tributary to the Gulf of 162.132 Connecting waters from Lake Huron Mexico east and south of St. Marks, Fla. to Lake Erie; communications rules. 162.75 All waterways tributary to the Gulf 162.134 Connecting waters from Lake Huron of Mexico (except the Mississippi River, to Lake Erie; traffic rules. its tributaries, South and Southwest 162.136 Connecting waters from Lake Huron Passes and the Atchafalaya River) from to Lake Erie; anchorage grounds. St. Marks, Fla., to the Rio Grande. 162.138 Connecting waters from Lake Huron 162.80 Mississippi River below mouth of to Lake Erie; speed rules. Ohio River, including South and South- 162.140 Connecting waters from Lake Huron west Passes. to Lake Erie; miscellaneous rules.

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162.145 Monroe Harbor, Mich. § 162.5 Definitions. 162.150 Maumee Bay and River, Ohio. 162.155 Sandusky and Huron Harbors, Ohio. The following definition applies to 162.160 Vermilion, Lorain, Cleveland, this part: Fairport, Ashtabula, and Conneaut Har- Merchant mariner credential or MMC bors, Ohio. means the credential issued by the 162.165 Buffalo and Rochester Harbors, New Coast Guard under 46 CFR part 10. It York. combines the individual merchant 162.175 Black Rock Canal and Lock at Buf- mariner’s document, license, and cer- falo, New York. tificate of registry enumerated in 46 162.195 Santa Monica Bay, Calif.; restricted area. U.S.C. subtitle II part E as well as the 162.200 Marina del Ray, Calif.; restricted STCW endorsement into a single cre- area. dential that serves as the mariner’s 162.205 Suisun Bay, San Joaquin River Sac- qualification document, certificate of ramento River, and connecting waters, identification, and certificate of serv- CA. ice. 162.210 Lake Tahoe, Calif.; restricted areas along south shore. [USCG–2006–24371, 74 FR 11212, Mar. 16, 2009] 162.215 Lake Tahoe, Nev.; restricted area adjacent to Nevada Beach. § 162.15 Manhasset Bay, N.Y.; seaplane 162.220 Hoover Dam, Lake Mead, and Lake restricted area. Mohave (Colorado River), Ariz.-Nev. (a) The restricted area. An area in 162.225 Columbia and Willamette Rivers, Manhasset Bay between the shore at Washington and Oregon; administration Manorhaven on the north and the and navigation. 162.230 Columbia River, Wash. southerly limit line of the special an- 162.235 Puget Sound Area, Wash. chorage area in Manhasset Bay, west 162.240 Tongass Narrows, Alaska; naviga- area at Manorhaven (described in tion. § 110.60 of this chapter), on the south; 162.245 Kenai River, Kenai, Alaska; use, ad- its axis being a line bearing 166°50′ true ministration, and navigation. from latitude 40°50′17.337 N, longitude 162.250 Port Alexander, Alaska; speed of 73°43′03.877 W, which point is on the vessels. south side of Orchard Beach Boulevard 162.255 Wrangell Narrows, Alaska; use, ad- at Manorhaven; and being 100 feet wide ministration, and navigation. for a distance of 380 feet in a southerly 162.260 Channel leading to San Juan Harbor, P.R.; use, administration, and naviga- direction from the south side of Or- tion. chard Beach Boulevard, and thence 162.270 Restricted areas in vicinity of Mari- flaring to a width of 300 feet at the time Administration Reserve Fleets. southerly limit line. (b) The regulations. (1) Vessels shall AUTHORITY: 33 U.S.C. 1231; Department of Homeland Security Delegation No. 0170.1. not anchor or moor within the restricted area. SOURCE: CGD 75–082, 42 FR 51759, Sept. 29, (2) All vessels traversing the area 1977, unless otherwise noted. shall pass directly through without un- § 162.1 General. necessary delay, and shall give sea- planes the right-of-way at all times. Geographic coordinates expressed in terms of latitude or longitude, or both, [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as are not intended for plotting on maps amended by USCG–2008–0179, 73 FR 35016, or charts whose referenced horizontal June 19, 2008] datum is the North American Datum of § 162.20 Flushing Bay near La Guardia 1983 (NAD 83), unless such geographic Airport, Flushing, N.Y.; restricted coordinates are expressly labeled NAD area. 83. Geographic coordinates without the (a) The area. An area in the main NAD 83 reference may be plotted on channel in Flushing Bay extending for maps or charts referenced to NAD 83 a distance of 300 feet on either side of only after application of the appro- the extended center line of Runway No. priate corrections that are published 13–31 at La Guardia Airport. on the particular map or chart being (b) The regulations. (1) All vessels tra- used. versing in the area shall pass directly [CGD 86–082, 52 FR 33811, Sept. 8, 1987] through without unnecessary delay.

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(2) No vessels having a height of more with moorings and lines which are suf- than 35 feet with reference to the plane ficient and proper. of mean high water shall enter or pass (c) Right-of-way. All vessels pro- through the area whenever visibility is ceeding with the current shall have the less than one mile. right-of-way over those proceeding against the current. Large vessels or § 162.30 Channel of Tuckerton Creek, tows must not overtake and attempt to N.J.; navigation. pass other large vessels or tows in the (a) Power boats or other vessels pro- waterway. All small pleasure craft pelled by machinery shall not proceed shall relinquish the right-of-way to deeper draft vessels, which have a lim- at any time within the limits of these ited maneuvering ability due to their waters at a greater speed than 8 stat- draft and size. ute miles per hour. (d) Stopping in waterway. Vessels will not be permitted to stop or anchor in § 162.35 Channel of Christina River, Del.; navigation. the ship channel. (e) Water skiing. Water skiing in the (a) That vessels of over 20 tons capac- waterway is prohibited between Reedy ity, propelled by machinery, shall not Point and Welch Point. proceed at any time within the limits (f) Sailboats. Transiting the canal by of these waters at a greater speed than vessels under sail is not permitted be- 8 statute miles per hour. tween Reedy Point and Welch Point. NOTE: The Corps of Engineers also has reg- § 162.40 Inland waterway from Dela- ulations dealing with this section in 33 CFR ware River to Chesapeake Bay, Del. part 207. and Md. (Chesapeake and Delaware Canal). § 162.65 All waterways tributary to the (a) Applicability. The regulations in Atlantic Ocean south of Chesapeake Bay and all waterways tributary to this section are applicable to that part the Gulf of Mexico east and south of of the inland waterway from Delaware St. Marks, Fla. River to Chesapeake Bay, Del. and Md., (a) Description. This section applies to between Reedy Point, Delaware River, the following: and Old Town Point Wharf, Elk River. (1) Waterways. All navigable waters of (b) Speed. No vessel in the waterway the United States, natural or artificial, shall be raced or crowded alongside an- including bays, lakes, sounds, rivers, other vessel. Vessels of all types, in- creeks, intracoastal waterways, as well cluding pleasure craft, are required to as canals and channels of all types, travel at all times at a safe speed which are tributary to or connected by throughout the canal and its ap- other waterways with the Atlantic proaches so as to avoid damage by suc- Ocean south of Chesapeake Bay or with tion or wave wash to wharves, land- the Gulf of Mexico east and south of ings, riprap protection, or other boats, St. Marks, Florida. or injury to persons. Pilots and vessel (2) United States property. All river operators transiting the canal and its and harbor lands owned by the United approaches are warned that violation States in or along the waterways de- of this rule may result in having their scribed in paragraph (a)(1) of this para- privilege to transit the canal sus- graph, including lock sites and all pended. Passages of vessels through the structures thereon, other sites for Gov- canal will be monitored and specific ernment structures and for the accom- cases will be investigated where dam- modation and use of employees of the age by suction or wave wash does United States, and rights of way and occur. Owners and operators of yachts, spoil disposal areas to the extent of motorboats, rowboats and other craft Federal interest therein. are cautioned that large deep draft (3) Vessels and rafts. The term ‘‘ves- ocean-going vessels and other large sel’’ as used in this section includes all commercial vessels ply the canal, and floating things moved over these wa- such owners and operators should be terways other than rafts. particularly careful to moor or anchor (b) Waterways—(1) Fairway. A clear well away from the main ship channels, channel shall at all times be left open

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to permit free and unobstructed navi- (viii) Except in cases of emergency gation by all types of vessels and rafts the dropping of anchors, weights, or that normally use the various water- other ground tackle, within areas occu- ways or sections thereof. The District pied by submarine cable or pipe cross- Commander may specify the width of ings, is prohibited. Such crossings will the fairway required in the various wa- ordinarily be marked by signboards on terways under his charge. each bank of the shore or indicated on (2) Stoppage in waterway, anchorage or coast charts. mooring. (i) No vessels or rafts shall an- (3) Speed. (i) Vessels shall proceed at chor or moor in any of the land cuts or a speed which will not endanger other other narrow parts of the waterway, vessels or structures and will not inter- except in case of an emergency. When- fere with any work in progress incident ever it becomes necessary for a vessel to maintaining, improving, surveying or raft to stop in any such portions of or marking the channel. the waterway it shall be securely fas- (ii) Official signs indicating limiting tened to one bank and as close to the speeds through critical portions of the bank as possible. This shall be done waterways shall be strictly obeyed. only at such a place and under such (iii) Vessels approaching and passing conditions as will not obstruct or pre- through a bridge shall so govern their vent the passage of other vessels or speed as to insure passage through the craft. Stoppages shall be only for such bridge without damage to the bridge or periods as may be necessary. its fenders. (ii) No vessel or raft will be allowed (4) Assembly and handling of tows. (i) to use any portion of the fairway as a All vessels drawing tows and equipped mooring place except temporarily as with rudders shall use two tow lines or authorized above without the written a bridle and shorten them to the great- permission from the District Com- est possible extent so as to have full mander. control at all times. The various parts (iii) When tied up, all vessels must be of a tow shall be securely assembled moored by bow and stern lines. Rafts with the individual units connected by and tows shall be secured at suffi- lines as short as practicable. If nec- ciently close intervals to insure their essary, as in the case of lengthy or not being drawn away from the bank cumbersome tows or tows in restricted by winds, currents or the suction of channels, the District Commander may passing vessels. Tow lines shall be require that tows be broken up and shortened so that the different parts of may require the installation of a rud- the tow shall be as close together as der, drag or other approved steering de- possible. In narrow sections, no vessel vice on the tow in order to avoid ob- or raft shall be tied abreast of another. structing navigation or damaging the (iv) Lights shall be displayed in ac- property of others, including aids to cordance with provisions of the Naviga- navigation maintained by the United tion Rules, International-Inland, Com- States or under its authorization, by mandant Instruction M16672.2 (series). collision or otherwise. (v) No vessel, even if fastened to the (ii) No tow shall be drawn by a vessel bank as prescribed in paragraph that has insufficient power or crew to (b)(2)(i) of this section, shall be left permit ready maneuverability and safe without a sufficient crew to care for it handling. properly. (iii) Tows desiring to pass a bridge (vi) Vessels will not be permitted to shall approach the opening along the load or unload in any of the land cuts axis of the channel so as to pass except as a regular established landing through without danger of striking the or wharf without written permission bridge or its fenders. No vessel or tow secured in advance from the District shall navigate through a drawbridge Commander. until the movable span is fully opened. (vii) No vessel, regardless of size, (iv) In the event that it is evident to shall anchor in a dredged channel or the master of a towing vessel that a narrow portion of a waterway for the tow cannot be safely handled through a purpose of fishing, if navigation is ob- bridge, it will be brought to anchor and structed, thereby. the towed vessels will be taken through

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the bridge in small units, or singly if (3) Vessels. The term ‘‘vessels’’ as necessary, or the tow will wait until used in this section includes all float- navigation conditions have improved ing craft other than rafts. to such an extent that the tow can pass (b) Waterways: through the bridge without damage. (1) A clear channel shall at all times (5) Projections from vessels. No vessel be left open to permit free and unob- carrying a deck load which overhangs structed navigation by all types of ves- or projects over the side of said vessel, sels and tows normally using the var- or whose rigging projects over the side ious waterways covered by the regula- of the vessel so as to endanger passing tions of this section vessels, wharves or other property, will (2) Fairway: The District Commander enter or pass through any of the nar- may specify the width of the fairway row parts of the waterway. required in the various waterways (6) Meeting and passing. Vessels, on under his charge. meeting or overtaking, shall give the (3) Anchoring or mooring: proper signals and pass in accordance (i) Vessels or tows shall not anchor with the Navigation Rules, Inter- or moor in any of the land cuts or national-Inland, Commandant Instruc- other narrow parts of the waterway, tion M16672.2 (series). Rafts shall give except in an emergency, or with per- to vessels the side demanded by proper mission of the District Commander. signal. All vessels approaching dredges Whenever it becomes necessary for a or other plant engaged on improve- vessel or tow to stop in any such por- ments to a waterway, shall give the tions of the waterway, it shall be se- signal for passing and slow down suffi- curely fastened to one bank and as ciently to stop if so ordered or if no an- close to the bank as possible. This shall swering signal is received. On receiving be done only at such a place and under the answering signal, they shall then such conditions as will not obstruct or proceed to pass at a speed sufficiently prevent the passage of other vessels or slow to insure safe navigation. tows. Stoppages shall be only for such periods as may be necessary. NOTE: The Corps of Engineers also has reg- (ii) When tied up individually, all ulations dealing with this section in 33 CFR part 207. vessels and tows shall be moored by bow and stern lines. Tows shall be se- [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as cured at sufficiently frequent intervals amended by CGD 93–072, 59 FR 39963, Aug. 5, to insure their not being drawn away 1994; USCG–2000–7223, 65 FR 40058, June 29, 2000] form the bank by winds, currents, or the suction of passing vessels. Lines § 162.75 All waterways tributary to the shall be shortened so that the various Gulf of Mexico (except the Mis- barges in a tow will be as close to- sissippi River, its tributaries, South gether as possible. and Southwest Passes and (iii) Lights shall be displayed in ac- Atchafalaya River) from St. Marks, cordance with provisions of the Naviga- Fla., to the Rio Grande. tion Rules, International-Inland, Com- (a) The regulations in this section mandant Instruction M16672.2 (series). shall apply to: (iv) Whenever any vessel or tow is (1) Waterways. All navigable waters of moored to the bank (paragraph (b)(3)(i) the U.S. tributary to or connected by of this section) at least one crew mem- other waterways with the Gulf of Mex- ber shall always remain on board to see ico between St. Marks, Fla., and the that proper signals are displayed and Rio Grande, Tex. (both inclusive), and that the vessel or tow is properly the Gulf Intracoastal Waterway; except moored at all times. the Mississippi River, its tributaries, (v) No vessel, regardless of size, shall South and Southwest Passes, and the anchor in a dredged channel or narrow Atchafalaya River above its junction portion of a waterway for the purpose with the Morgan City-Port Allen of fishing if navigation is obstructed Route. thereby. (2) Bridges, wharves, and other struc- (4) Speed: Speeding in narrow sec- tures. All bridges, wharves, and other tions is prohibited. Official signs indi- structures in or over these waterways. cating limited speeds shall be obeyed.

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Vessels shall reduce speed sufficiently surge. In the case of lengthy or cum- to prevent damage when passing other bersome tows, or tows in restricted vessels or structures in or along the channels, the District Commander may waterway. require that tows be broken up, and (5) Size, assembly, and handling of may require the installation of a rud- tows: der or other approved steering device (i) On waterways 150 feet wide or less, on the tow in order to avoid obstruct- tows which are longer than 1,180 feet, ing navigation or damaging the prop- including the towing vessel, but ex- erty of others. Pushing barges with cluding the length of the hawser, or towing vessel astern, towing barges wider than one-half of the bottom with towing vessel alongside, or push- width of the channel or 55 feet, which- ing and pulling barges with units of the ever is less will not be allowed, except tow made up both ahead and astern of when the District Commander has given special permission or the water- the towing vessel are permissible pro- way has been exempted from these re- vided that adequate power is employed strictions by the District Commander. to keep the tows under full control at Before entering any narrow section of all times. No tow shall be drawn by a the Gulf Intracoastal Waterway, tows vessel that has insufficient power or in excess of one-half the channel width, crew to permit ready maneuverability or 55 feet, will be required to stand by and safe handling. until tows which are less than one-half (vi) All tows navigating the Pass the channel width or 55 feet wide have Manchac bridges in Louisiana are lim- cleared the channel. When passing is ited to no more than two barges, not to necessary in narrow channels, exceed a combined tow length of 400 overwidth tows shall yield to the max- feet (excluding the towboat). Vessel op- imum. Separate permission must be re- erators for tows exceeding these limits ceived from the District Commander must request and receive permission for each overlength or overwidth move- from the COTP New Orleans prior to ment. In addition, the following excep- navigating the bridges. Requests tions are allowed: should be made by telephoning the (ii) Gulf Intracoastal Waterway—Be- COTP at 504–846–5923. Any decision tween mile 6.2 EHL (Inner Harbor Navi- made by the COTP is final agency ac- gation Canal Lock) and mile 33.6 EHL tion. tows of 78 feet in width will be allowed. (6) Projections from vessels: Vessels (iii) Gulf Intercoastal Waterway—Be- tween mile 33.6 EHL and the Mobile or tows carrying a deck load which Bay Ship Channel, tows of 108 feet in overhangs or projects over the side, or width will be allowed if under 750 feet whose rigging projects over the side, so in length including the towboat but ex- as to endanger passing vessels, cluding the length of the hawser. wharves, or other property, shall not (iv) Gulf Intracoastal Waterway—Mo- enter or pass through any of the nar- bile Bay Ship Channel to St. Marks, row parts of the waterway without Fla., for tows made up of empty barges prior approval of the District Com- on the off or shallow side, a width of 75 mander. feet will be allowed. (7) Meeting and passing: Passing ves- (v) All vessels pulling tows not sels shall give the proper signals and equipped with rudders in restricted pass in accordance with the Inter- channels and land cuts shall use two national Rules, the Navigation Rules, towlines, or a bridle on one towline, International-Inland, Commandant In- shortened as much as safety of the tow- struction M16672.2 (Series), where ap- ing vessel permits, so as to have max- plicable. At certain intersections where imum control at all times. The various strong currents may be encountered, parts of a tow shall be securely assem- sailing directions may be issued bled with the individual units con- through navigation bulletins or signs nected by lines as short as practicable. posted on each side of the intersec- In open water, the towlines and fas- tions. tenings between barges may be lengthened so as to accommodate the wave

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NOTE: The Corps of Engineers also has reg- the responsibility and duty of the mas- ulations dealing with this section in 33 CFR ter of a towing vessel releasing or 207. mooring a vessel in this reach of the [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as Mississippi River to report such action amended by CGD 78–050, 45 FR 43167, June 26, immediately. 1980; USCG–2000–7223, 65 FR 40058, June 29, (b) Mooring on Mississippi River below 2000; USCG–2008–0179, 73 FR 35016, June 19, Baton Rouge, La., including South and 2008] Southwest Passes. (1) When tied up indi- § 162.80 Mississippi River below mouth vidually or in fleets, vessels shall be of Ohio River, including South and moored with sufficient lines and shore Southwest passes. fastenings to insure their remaining in (a) Mooring on the Mississippi River be- place and withstanding the action of tween miles 311.5 AHP and 340.0 AHP. (1) winds, currents and the suction of pass- No vessel or craft shall moor along ei- ing vessels. ther bank of the Mississippi River be- NOTE: The Corps of Engineers also has reg- tween miles 311.5 AHP and mile 340.0 ulations dealing with this section in 33 CFR AHP except in case of an emergency, part 207. pursuant to an approved navigation (Sec. 7, 38 Stat. 1053, as amended, (33 U.S.C. permit, or as authorized by the District 471); Sec. 6(g)(1)(A) 80 Stat 937, (49 U.S.C. Commander. Vessels may be moored 1655(g)(1)(A); Sec. 12, 92 Stat. 1471, (33 U.S.C. any place outside the navigation chan- 1231); 49 CFR 1.46 (c)(1) and (n)(4)) nel in this reach in case of an emer- [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as gency and then for only the minimum amended by CGD 77–028, 46 FR 49851, Oct. 8, time required to terminate the emer- 1981; CGD8 87–09, 53 FR 15555, May 2, 1988] gency. When so moored, all vessels shall be securely tied with bow and § 162.85 Yazoo Diversion Canal, Vicks- stern lines of sufficient strength and burg, Miss., from its mouth at fastenings to withstand currents, Kleinston Landing to Fisher Street; winds, wave action, suction from pass- navigation. ing vessels or any other forces which (a) Speed. Excessive speeding is pro- might cause the vessels to break their hibited. A vessel shall reduce its speed moorings. When vessels are so moored, sufficiently to prevent any damage a guard shall be on board at all times when approaching another vessel in to ensure that proper signals are dis- motion or tied up, a wharf or other played and that the vessels are se- structure, works under construction, curely and adequately moored. plant engaged in river and harbor im- (2) Vessels may be moored any time provement, levees, floodwalls with- at facilities constructed in accordance standing floodwaters, buildings sub- with an approved navigation permit or merged or partially submerged by high as authorized by the District Com- waters, or any other structure or im- mander. When so moored, each vessel provement likely to be damaged by col- shall have sufficient fastenings to pre- lision, suction, or wave action. vent the vessels from breaking loose by wind, current, wave action, suction NOTE: The Corps of Engineers also has regulations dealing with this section in 33 CFR from passing vessels or any other part 207. forces which might cause the vessel to break its mooring. The number of ves- § 162.90 White River, Arkansas Post sels in one fleet and the width of the Canal, Arkansas River, and Verdi- fleet of vessels tied abreast shall not gris River between Mississippi extend into the fairway or be greater River, Ark., and Catoosa, Okla.; use, than allowed under the permit. administration, and navigation. (3) Mariners should report imme- (a) The regulations in this section diately by radio or fastest available shall apply to: means to the lockmaster at Old River (1) Waterways. White River between Lock or to any government patrol or Mississippi River and Arkansas Post survey boat in the vicinity any emer- Canal, Ark.; Arkansas Post Canal, gency mooring or vessels drifting un- Ark.; Arkansas River between Arkan- controlled within the area described in sas Post Canal, Ark., and Verdigris paragraph (a)(1) of this section. It is River, Okla.; Verdigris River between

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Arkansas River and Catoosa, Okla.; (iv) When a vessel is moored under an and reservoirs on these waterways be- emergency condition, as provided in tween Mississippi River Ark., and paragraph (b)(2)(i) of this section, at Catoosa, Okla. least one crew member shall remain in (2) Bridges, wharves and other struc- attendance to display proper lights and tures. All bridges, wharves, and other signals and tend the mooring lines. The structures in or over the waterways de- crew member shall be provided with an scribed in paragraph (a)(1) of this sec- adequate means of communication or tion. signalling a warning in the event that, (3) Vessels and rafts. The term ‘‘ves- for any reason, the vessel or tow should sels’’ as used in this section includes go adrift. Immediately after comple- every description of watercraft used, or tion of the emergency mooring, the capable of being used, as a means of lockmaster of the first lock down- transportation on water, other than stream shall be notified of the char- rafts. acter and cargo of the vessel and the (b) Waterways: location of such mooring. (1) Fairway. A clear channel shall at (v) Vessels will not be permitted to all times be left open to permit free load or unload in any of the land cuts, and unobstructed navigation by all except at a regular established landing types of vessels and rafts that nor- or wharf, without written permission mally use the various waterways or secured in advance from the District sections thereof. The District Com- Commander. mander may specify the width of the (vi) Except in an emergency, no ves- fairway required in the waterways sel or raft shall anchor over revetted under his charge. banks of the waterway, nor shall any (2) Anchoring or mooring in waterway. type vessel except launches and other (i) No vessels or rafts shall anchor or small craft land against banks pro- moor in any of the land cuts or other tected by revetment except at regular narrow parts of the waterway, except commercial landings. in an emergency. Whenever it becomes (3) Speed. (i) Excessive speed in nar- necessary for a vessel or raft to stop in row sections is prohibited. Official any such portions of the waterway, it signs indicating limiting speeds shall be securely fastened to one bank through critical sections shall be and as close to the bank as possible. strictly obeyed. This shall be done only at such a place (ii) When approaching and passing and under such conditions as will not through a bridge, all vessels and rafts, obstruct or prevent the passage of regardless of size, shall control their other vessels or rafts. Stoppages shall speed so as to insure that no damage be only for such periods as may be nec- will be done to the bridge or its fend- essary. ers. (ii) Except temporarily, as authorized (iii) Within the last mile of approach in paragraph (b)(2)(i) of this section, no to unattended, normally open auto- vessel or raft will be allowed to use any matic, movable span bridges, the factor portion of the fairway as a mooring of river flow velocity, of vessel (and place without written permission from tow) velocity, and of vessel power and the District Commander. crew capability are never to be per- (iii) When tied up individually, all mitted to result in a condition whereby vessels shall be moored by bow and the movement of vessel (and tow) can- stern lines. Rafts and tows shall be se- not be completely halted or reversed cured at sufficiently close intervals to within a 3-minute period. insure their not being drawn away (iv) A vessel shall reduce its speed from the bank by winds, currents, or sufficiently to prevent any damage the suction of passing vessels. Towlines when approaching another vessel in shall be shortened so that the different motion or tied up, a wharf or other parts of the tow will be as close to- structure, works under construction, gether as possible. In narrow sections, plant engaged in river and harbor im- no vessel or raft shall be tied abreast of provement, levees withstanding flood- another if the combined width of ves- waters, buildings submerged or par- sels or rafts is greater than 70 feet. tially submerged by high waters, or

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any other manner of structure or im- no answering signal is received. On re- provements likely to be damaged by ceiving the answering signal, they collision, suction, or wave action. shall then pass at a speed sufficiently (4) Assembly and handling of tows. (i) slow to insure safe navigation. Vessels All vessels drawing tows not equipped approaching an intersection or bend with rudders in restricted channels and where the view is obstructed must ex- land cuts shall use two towlines, or a ercise due caution. At certain intersec- bridle on one towline, shortened to the tions where strong currents may be en- greatest possible extent so as to have countered, sailing directions may be maximum control at all times. The issued from time to time through navi- various parts of a tow shall be securely gation bulletins or signs posted on each assembled with the individual units side of the intersections which must be connected by lines as short as prac- observed. ticable. In open water, the towlines and fastenings between barges may be NOTE: The Corps of Engineers also has reg- lengthened so as to accommodate the ulations dealing with this section in 33 CFR wave surge. In the case of length or part 207. cumbersome tows, or tows in restricted [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as channels, the District Commander may amended by USCG–2008–0179, 73 FR 35016, require that tows be broken up, and June 19, 2008] may require the installation of a rudder or other approved steering device § 162.100 Ohio River at Louisville, KY. on the tow in order to avoid obstruct- (a) Emergency Mooring Buoys. The ing navigation or damaging the prop- U.S. Army Corp of Engineers has estab- erty of others. Pushing barges with towing vessel astern, towing barges lished four pairs of emergency mooring with towing vessel alongside, or push- bouys. Each buoy is 10 feet in diameter ing and pulling barges with units of the with retro-reflective sides. The two tow made up both ahead and astern of buoys which comprise each pair are 585 the towing vessel is permissible pro- feet apart and are located approxi- vided that adequate power is employed mately at: to keep the tow under full control at (1) Indiana Bank—Mile 582.3 (near 18 all times. Mile Island); (ii) No tow shall be drawn by a vessel (2) Six Mile Island—Mile 597.5; that has insufficient power or crew to (3) Six Mile Island—Mile 598.2; and permit ready maneuverability and safe (4) Kentucky Bank—Mile 599.8 (Cox’s handling. Park). (iii) No vessel or tow shall navigate through a drawbridge until the mov- NOTE: All buoys, except those at Six Mile able span is fully opened. Island—Mile 598.2, are removed between May (5) Projections from vessels. No vessels 1 and September 30. Due to the close prox- carrying a deck load which overhangs imity of the municipal water intakes, moor- or projects over the side, or whose rig- ing of tank vessels laden with petroleum products or hazardous materials is not au- ging projects over the side, so as to en- thorized on the Kentucky Bank, Mile 599.8 danger passing vessels, wharves, or (Cox’s Park). other property, shall enter or pass through any of the narrow parts of the (b) The regulations. A vessel must not waterway. use the emergency mooring buoys that (6) Meeting and passing. Vessels on have been established by the U.S. meeting or overtaking shall give the Army Corps of Engineers, unless spe- proper signals and pass in accordance cifically authorized. The Captain of the with the Inland Rules and the Pilot Port, upon request, may authorize the Rules for Inland Waters. Rafts shall use of the emergency mooring buoys by give to vessels the side demanded by downbound towing vessels that are proper signal. All vessels approaching awaiting Vessel Traffic Center ap- dredges or other plant engaged on im- proval to proceed. provements to a waterway shall give the signal for passing and slow down [CGD 90–020, 59 FR 36333, July 15, 1994] sufficiently to stop if so ordered or if

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§ 162.105 Missouri River; administra- § 162.117 St. Marys River, Sault Ste. tion and navigation. Marie, Michigan. (a) Supervision. The District Com- (a) The area. The waters of the St. mander, Eighth Coast Guard District, Marys River and lower Whitefish Bay has certain administrative supervision from 45°57′ N. (De Tour Reef Light) to overreaches of the river within the lim- the south, to 46°38.7′ N. (Ile Parisienne its of his district and is charged with Light) to the north, except the waters the enforcement under his direction of of the St. Marys Falls Canal, and to emergency regulations to govern navi- the east along a line from La Pointe to gation on the river. Sims Point, within Potagannissing Bay and Worsley Bay. (b) Navigation. During critical flood (b) Definitions. As used in this sec- stages on any particular limited reach tion: of the Missouri River when lives, float- Two-way route means a directional ing plant, or major shore installations route within defined limits inside and levees are endangered, the District which two-way traffic is established, Commander in charge of the locality and which is intended to improve safe- shall have the authority to declare the ty in waters where navigation is dif- reach of the river closed to navigation ficult. or to prescribe temporary speed regula- Two-way traffic means that traffic tions whenever it appears to him that flow is permitted in opposing direc- such action is necessary to prevent im- tions, but a vessel may not meet, cross, mediate human suffering or to miti- nor overtake any other vessel in such a gate major property damage or de- manner that it would be abreast of struction from wave action. The period more than one other vessel within the of closure and all speed regulations defined limits of a waterway. prescribed by the District Commander (c) Anchoring Rules. shall be for the duration of the emer- (1) A vessel must not anchor: gency as determined by the District (i) within the waters between Brush Commander and shall be terminated at Point and the waterworks intake crib the earliest practicable time that im- off Big Point southward of the Point proved river conditions permit. Aux Pins range; or (ii) within 0.2 nautical miles of the [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as amended by USCG–1998–3799, 63 FR 35532, intake crib off Big Point. June 30, 1998] (2) In an emergency, vessels may anchor in a dredged channel. Vessels shall § 162.110 Duluth-Superior Harbor, anchor as near to the edge of the chan- Minnesota and Wisconsin. nel as possible and shall get underway as soon as the emergency ceases, unless (a) No vessel greater than 100 feet in otherwise directed. Vessel Traffic Serv- length may exceed 8 miles per hour in ices St. Marys River must be advised of Duluth-Superior Harbor. any emergency anchoring as soon as is (b) In the Duluth Ship Canal: practicable. (1) No vessel may meet or overtake (3) Vessels collected in any part of another vessel if each vessel is greater the VTS Area by reason of temporary than 150 feet in length (including tug closure of a channel or an impediment and tow combinations). to navigation shall get underway and (2) An inbound vessel has the right of depart in the order in which they ar- way over an outbound vessel. rived, unless otherwise directed by Ves- [CGD 79–151, 46 FR 7960, Jan. 26, 1981] sel Traffic Service St. Marys River. Vessel Traffic Service St. Marys River § 162.115 Keweenaw Waterway, Mich. may advance any vessel in the order of departure to expedite the movement of No vessel greater than 40 feet in mails, passengers, cargo of a perishable length may exceed 8 miles per hour be- nature, to facilitate passage of vessels tween Lily Pond and Pilgrim Point. through any channel by reason of spe- [CGD 79–151, 46 FR 7960, Jan. 26, 1981, as cial circumstance, or to facilitate pas- amended by CGD 09–00–010, 65 FR 53595, Sept. sage through the St. Marys Falls 5, 2000] Canal.

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(d) Traffic Rules. (1) A vessel must (i) When Middle Neebish Channel is a proceed only in the established direc- two-way route: tion of traffic flow in the following wa- (A) An upbound vessel must use the ters: easterly 197 feet of the channel. How- (i) West Neebish Channel from Buoy ever, a vessel of draft 20 feet or more ‘‘53’’ to Buoy ‘‘1’’—downbound traffic must not proceed prior to Vessel Traf- only; fic Center approval; and (ii) Pipe Island Course from Sweets (B) A downbound vessel must use the Point to Watson Reefs Light- westerly 295 feet of the channel. downbound traffic only. (ii) When Middle Neebish Channel is (iii) Middle Neebish Channel from an alternating one-way traffic lane. A Buoy ‘‘2’’ to Buoy ‘‘76’’—upbound traf- vessel must use the westerly 295 feet of fic only; and the channel in the established direc- (iv) Pipe Island Passage to the east of tion of traffic flow. Pipe Island Shoal and north of Pipe Is- (2) When Pipe Island Passage is land Twins from Watson Reefs Light to closed, Pipe Island Course is a two-way Sweets Point—upbound traffic only. route. (2) A vessel 350 feet or more in length must not overtake or approach within NOTE: The Vessel Traffic Service closes or .2 nautical miles of another vessel pro- opens these channels as ice conditions re- ceeding in the same direction in the quire after giving due consideration to the protection of the marine environment, wa- following waterways: terway improvements, aids to navigation, (i) West Neebish Channel between the need for cross channel traffic (e.g., fer- Nine Mile Point and Munuscong Lake ries), the availability of icebreakers, and the Junction Lighted Bell Buoy; safety of the island residents who, in the (ii) Middle Neebish Channel between course of their daily business, must use nat- Munuscong Lake Junction Lighted Bell urally formed ice bridges for transportation Buoy and Nine Mile Point; and to and from the mainland. Under normal sea- (iii) Little Rapids Cut from Six Mile sonal conditions, only one closing each winter and one opening each spring are antici- Point to Buoy ‘‘102’’. pated. Prior to closing or opening these (3) When two-way traffic is author- channels, interested parties including both ized in Middle Neebish Channel, a ves- shipping entities and island residents, will be sel 350 feet or more in length must not given at least 72 hours notice by the Coast meet, cross, or overtake another vessel Guard. at: (g) Speed Rules. (1) The following (i) Johnson Point from Buoy ‘‘18’’ to speed limits indicate speed over the Buoy ‘‘22’’; ground. Vessels must adhere to the fol- (ii) Mirre Point from Buoy ‘‘26’’ to lowing speed limits: Buoy ‘‘28’’; or (iii) Stribling Point from Buoy ‘‘39’’ TABLE 162.117(g)—ST. MARYS RIVER SPEED to Buoy ‘‘43’’. RULES (4) Paragraph (d)(2) of this section does not apply to a vessel navigating Maximum speed limit between Mph Kts through an ice field. De Tour Reef Light and Sweets Point (e) Winter Navigation. During the win- Light ...... 14 12.2 ter navigation season, the following Round Island Light and Point Aux Frenes waterways are normally closed: Light ‘‘21’’ ...... 14 12.2 (1) West Neebish Channel, from Buoy Munuscong Lake Lighted Buoy ‘‘8’’ and Everens Point ...... 12 10.4 ‘‘53’’ to Buoy ‘‘1’’; Everens Point and Reed Point ...... 9 7.8 (2) Pipe Island Passage to the east of Reed Point and Lake Nicolet Lighted Pipe Island Shoal; and Buoy ‘‘62’’ ...... 10 8.7 (3) North of Pipe Island Twins, from Lake Nicolet Lighted Buoy ‘‘62’’ and Lake Nicolet Light ‘‘80’’ ...... 12 10.4 Watson Reef Light to Sweets Point. Lake Nicolet Light ‘‘80’’ and Winter Point (f) Alternate Winter Navigation Routes. (West Neebish Channel) ...... 10 8.7 (1) When West Neebish Channel is Lake Nicolet Light ‘‘80’’ and Six Mile Point closed, Middle Neebish Channel (from Range Rear Light ...... 10 8.7 Six Mile Point Range Rear Light and Buoy ‘‘2’’ to Buoy ‘‘76’’) will be open ei- lower limit of the St. Marys Falls Canal ther as a two-way route or an alter- Upbound ...... 8 7.0 nating one way traffic lane. Downbound ...... 10 8.7

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TABLE 162.117(g)—ST. MARYS RIVER SPEED § 162.125 Sturgeon Bay and the Stur- RULES—Continued geon Bay Ship Canal, Wisc.

Maximum speed limit between Mph Kts (a) In the Sturgeon Bay Ship Canal: (1) No vessel may exceed 5 miles per Upper limit of the St. Marys Falls Canal hour. and Point Aux Pins Main Light ...... 12 10.4 (2) No vessel greater than 150 feet in Note: A vessel must not navigate any dredged channel at a length (including tug and tow combina- speed of less than 5 statute miles per hour (4.3 knots). tions) may come about. (2) Temporary speed limit regula- (3) No vessel 65 feet or greater in tions may be established by Com- length (including tug and tow combina- manding Officer Vessel Traffic Service tions) may either: St. Marys River. Notice of the tem- (i) Enter or pass through the canal porary speed limits and their effective two or more abreast; or dates and termination are published in (ii) Overtake another vessel. the FEDERAL REGISTER and Local No- (4) No vessel may anchor or moor un- tice to Mariners. These temporary less given permission to do so by the speed limits, if imposed, will normally Captain of the Port. be placed in effect and terminated dur- (5) Each vessel must keep to the cen- ing the winter navigation season. ter, except when meeting or overtaking (h) Towing Requirement. A towing ves- another vessel. sel must: (1) Maintain positive control (b) In Sturgeon Bay and the Sturgeon of its tow south of Gros Cap Reef Light; Bay Ship Canal: (2) Not impede the passage of any (1) Each laden vessel under tow must other vessel; be towed with at least two towlines. (3) Not tow a vessel of 200 feet or less Each towline must be shortened to the in length with a tow line longer than extent necessary to provide maximum 250 feet; and control of the tow. (4) Not tow a vessel of 200 feet or (2) Each unladen vessel may be towed more in length with a tow line longer with one towline. than the length of the towed vessel (3) No towline may exceed 100 feet in plus 50 feet. length. [CGD 90–020, 59 FR 36333, July 15, 1994, as (4) No vessel may tow another vessel amended by CGD 95–033, 60 FR 28333, May 31, alongside. 1995; USCG–1998–3799, 63 FR 35532, June 30, (5) No vessel may tow a raft greater 1998; USCG–2003–15404, 68 FR 37741, June 25, than 50 feet in width. 2003] NOTE: The Corps of Engineers also has reg- § 162.120 Harbors on Lake Michigan. ulations dealing with these areas in 33 CFR Part 207. (a) No vessel greater than 40 feet in [CGD 79–151, 46 FR 7960, Jan. 26, 1981] length may exceed 8 miles per hour in the harbors of Michigan City, Indiana; § 162.130 Connecting waters from Lake St. Joseph, South Haven, Saugatuck, Huron to Lake Erie; general rules. Holland (Lake Macatawa), Grand Haven, Muskegon, White Lake, (a) Purpose. The regulations in Pentwater, Ludington, Manistee, Por- §§ 162.130 through 162.140 prescribe rules tage Lake (Manistee County), Frank- for vessel operation in U.S. waters con- fort, Charlevois, and Petroskey, Michi- necting Lake Huron to Lake Erie (in- gan. cluding the River Rouge) to prevent collisions and groundings, to protect (b) No vessel greater than 40 feet in waterway improvements, and to pro- length may exceed 4 miles per hour in tect these waters from environmental the harbors of Menominee, Michigan harm resulting from collisions and and Wisconsin; Algoma, Kewaunee, groundings. Two Rivers, Manitowac, Sheboygan, Port Washington, Milwaukee, Racine, NOTE: The Canadian Government has Kenosha and Green Bay, Wisconsin; issued similar regulations which apply in the and Waukegan, Illinois. Canadian portion of the waterway. Provi- sions which apply only in Canadian waters [CGD 79–151, 46 FR 7960, Jan. 26, 1981] are noted throughout the text.

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(b) Applicability. (1) Unless otherwise SARNIA TRAFFIC means the Cana- specified, the rules in §§ 162.130 through dian Coast Guard traffic center at 162.140 apply to all U.S. vessels and all Sarnia Ontario. other vessels in U.S. waters. (d) Laws and regulations not affected. (2) The speed rules in § 162.138 apply The regulations in §§ 162.130 through to vessels 20 meters or more in length. 162.140 do not relieve the owners or op- (3) The communication rules in erators of vessels from complying with § 162.132, the traffic rules in § 162.134, ex- any other laws or regulations relating cept for § 162.134(c)(2), and the anchor- to navigation on the Great Lakes and age rules in § 162.136 apply to the fol- their connecting or tributary waters. lowing vessels: (e) Delegations. The District Com- (i) Vessels of 20 meters or more in mander, in coordination with appro- length; priate Canadian officials, may make (ii) Commercial vessels more than 8 local arrangements that do not conflict meters in length engaged in towing an- with these regulations in the interest other vessel astern, alongside, or by of safety of operations, to facilitate pushing ahead; and traffic movement and anchorage, to (iii) Each dredge and floating plant. avoid disputes as to jurisdiction and to (4) The traffic rules contained in take necessary action to render assist- § 162.134(c)(2) apply to the following ves- ance in emergencies. This authority sels: may be redelegated. (i) Sailing vessels of 20 meters or [CGD 78–151, 49 FR 18301, Apr. 30, 1984; 49 FR more in length; 26722, June 29, 1984, as amended by CGD 85– (ii) Power driven vessels of 55 meters 060, 51 FR 17016, May 8, 1986; CGD 93–024, 58 or more in length; FR 59365, Nov. 9, 1993; USCG–2006–24371, 74 FR (iii) Vessels engaged in towing an- 11213, Mar. 16, 2009] other vessel astern, alongside or by pushing ahead; and § 162.132 Connecting waters from Lake (iv) Each dredge and floating plant. Huron to Lake Erie; communications rules. (c) Definitions. As used in §§ 162.130 through 162.140: (a) Radio listening watch. The master Captain of the Port means the United of each vessel required to comply with States Coast Guard Captain of the Port this section shall continuously mon- of Detroit, Michigan. itor: Detroit River means the connecting (1) Channel 11 (156.55 mhz) between waters from Windmill Point Light to Lake Huron Cut Lighted Buoy 11 and the lakeward limits of the improved Lake St. Clair Light; and navigation channels at the head of (2) Channel 12 (156.60 mhz) between Lake Erie. Lake St. Clair Light and Detroit River District Commander means Com- Light. mander, Ninth Coast Guard District, (b) Radiotelephone equipment. Reports Cleveland, Ohio. required by this section shall be made Master means the master or operator, by the master using a radiotelephone the person designated by the master or capable of operation on a vessel’s navi- operator to navigate the vessel, or, on gation bridge, or in the case of a a vessel not requiring persons holding dredge, from its main control station. licenses or merchant mariner creden- (c) English language. Reports required tial officer endorsements, the person in by this section shall be made in the command of the vessel. English language. River Rouge means the waters of the (d) Traffic reports. (1) Reports re- Short Cut Canal and the River Rouge quired by this section shall be made to from Detroit Edison Cell Light 1 to the SARNIA TRAFFIC on the frequency head of navigation. designated for the radio listening St. Clair River means the connecting watch in paragraph (a) of this section. waters from the lakeward limit of the (2) Reports shall include the name of improved navigation channel at the the vessel, location, intended course of lower end of Lake Huron to St. Clair action, and ETA at next reporting Flats Canal Light 2. point.

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(e) Permanent reporting points. The § 162.134 Connecting waters from Lake master of each vessel to which this sec- Huron to Lake Erie; traffic rules. tion applies shall report as required by (a) Detroit River. The following traffic paragraph (d) of this section at the lo- rules apply in the Detroit River: cation indicated in Table I. (1) The West Outer Channel is restricted to downbound vessels. TABLE I (2) The Livingston Channel, west of Downbound Upbound Bois Blanc Island, is restricted to vessels Reporting points vessels downbound vessels.

Report ...... 30 Minutes North of Lake NOTE: The Amherstburg Channel, in Cana- Huron Cut. dian waters east of Bois Blanc Island, is nor- Lighted Horn Buoy ‘‘11’’ mally restricted to upbound vessels. No ves- Report ...... Lake Huron Cut Light ‘‘7’’ sel may proceed downbound in the Lake Huron Cut Lighted Buoy Report. Amherstburg Channel without authorization ‘‘1’’. from the Regional Director General. Report ...... St. Clair/Black River Junction Report. Light. (3) Between Fighting Island Channel Stag Island Upper Light ...... Report. South Light and Bar Point Pier Light Report ...... Marine City Salt Dock Light ... Report. 29D, no vessels shall meet or overtake Report ...... Grande Pointe Light ‘‘23’’ in such a manner that more than two St. Clair Flats Canal Light ‘‘2’’ Report. Report ...... Lake St. Clair Light ...... Report. vessels would be abreast at any time. Report ...... Belle Isle Light (4) Between the west end of Belle Isle Report ...... Grassy Island Light ...... Report. and Peche Island Light, vessels may Report ...... Detroit River Light ...... Report. only overtake vessels engaged in towing. (f) Additional traffic reports. (1) A re- (b) River Rouge. In the River Rouge, port shall be made upon leaving any no vessel shall overtake another vessel. dock, mooring, or anchorage, in the (c) St. Clair River. The following traf- Detroit River, Lake St. Clair, and the fic rules apply in the St. Clair River: St. Clair River except for— (1) Between St. Clair Flats Canal (i) Ferries on regular runs; and Light 2 and Russell Island Light 33, (ii) Vessels in the River Rouge. vessels may only overtake vessels en- (2) A report shall be made before ma- gaged in towing. neuvering to come about. (2) Between Lake Huron Cut Lighted (3) A report shall be made— Buoy 1 and Port Huron Traffic Lighted (i) 20 minutes before entering or de- Buoy there is a zone of alternating one parting the River Rouge; and way traffic. Masters shall coordinate (ii) Immediately before entering or their movements in accordance with departing the River Rouge. the following rules; (g) Report of impairment or other haz- (i) Vessels shall not overtake. ard. The master of a vessel shall report (ii) Vessels shall not come about. to SARNIA TRAFFIC as soon as pos- (iii) Vessels shall not meet. sible: (iv) Downbound vessels which have passed Lake Huron Cut Lighted Buoy 7 (1) Any condition on the vessel that have the right of way over upbound may impair its navigation, including vessels which have not reached the but not limited to: fire, defective steer- Port Huron Traffic Lighted Buoy. ing equipment, or defective propulsion Upbound vessels awaiting transit of machinery. downbound vessels will maintain posi- (2) Any tow that the towing vessel is tion south of the Port Huron Traffic unable to control, or can control only Lighted Buoy. with difficulty. (v) Vessels transiting the zone shall (h) Exemptions. Compliance with this coordinate passage by using commu- section is not required when a vessel’s nication procedures in § 162.132. radiotelphone equipment has failed. (vi) Transiting vessels shall have the [CGD 78–151, 49 FR 18301, Apr. 30, 1984; 49 FR right of way over moored vessels get- 26722, June 29, 1984, as amended by CGD 85– ting underway within the zone. 060, 51 FR 17016, May 8, 1986; CGD 85-060, 51 (d) In the waters described in FR 37274, Oct. 21, 1986] § 162.130(a), the District Commander or

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Captain of the Port may establish tem- (ii) 12 statute miles per hour (10.4 porary traffic rules for reasons which knots) between Peche Island Light and include but are not limited to: channel Detroit River Light; and obstructions, winter navigation, un- (iii) 4 statute miles per hour (3.5 usual weather conditions, or unusual knots) in the River Rouge. water levels. (2) The maximum speed limit is 5.8 (e) The requirements of this section statute miles per hour (5 knots) in the do not apply to public vessels of the navigable channel south of Peche Is- U.S. or Canada engaged in icebreaking land (under Canadian jurisdiction). or servicing aids to navigation or to (b) Maximum speed limit for vessels op- vessels engaged in river and harbor im- erating in nondisplacement mode. (1) Ex- provement work. cept when required for the safety of the (f) The prohibitions in this section on vessel or any other vessel, vessels 20 overtaking in certain areas do not meters or more in length but under 100 apply to vessels operating in the non- gross tons operating in the nondisplacement mode. In this section, displacement mode and meeting the re- ‘‘nondisplacement mode’’ means a quirements set out in paragraph (c) of mode of operation in which the vessel this section, may operate at a speed is supported by hydrodynamic forces, not exceeding 40 miles per hour (34.8 rather than displacement of its weight knots)— in the water, to an extent such that the (i) During daylight hours (sunrise to wake which would otherwise be gen- sunset); erated by the vessel is significantly re- (ii) When conditions otherwise safely duced. allow; and (iii) When approval has been granted [CGD 78–151, 49 FR 18302, Apr. 30, 1984; 49 FR by the Coast Guard Captain of the 26722, June 29, 1984, as amended by CGD 09– Port, Detroit or Commander of the 95–002, 60 FR 35701, July 11, 1995] Ninth Coast Guard District prior to § 162.136 Connecting waters from Lake each transit of the area. Huron to Lake Erie; anchorage (2) In this section, ‘‘nondisplacement grounds. mode’’ means a mode of operation in (a) In the Detroit River, vessels shall which the vessel is supported by hydro- be anchored so as not to swing into the dynamic forces, rather than displace- channel or across steering courses. ment of its weight in the water, to an extent such that the wake which would NOTE: There is an authorized anchorage in otherwise be generated by the vessel is Canadian waters just above Fighting Island significantly reduced. and an authorized anchorage in U.S. waters (c) Unsafe vessels. The Captain of the south of Belle Isle (33 CFR 110.206). Port or the District Commander may (b) In the St. Clair River, vessels deny approval for operations under shall be anchored so as not to swing paragraph (b) of this section if it ap- into the channel or across steering pears that the design and operating courses. characteristics of the vessels in ques- tion are not safe for the designated wa- [CGD 78–151, 49 FR 18302, Apr. 30, 1984, as amended by CGD 85–060, 51 FR 17016, May 8, terways, or if it appears that oper- 1986] ations under this section have become unsafe for any reason. § 162.138 Connecting waters from Lake (d) Temporary speed limits. The Dis- Huron to Lake Erie; speed rules. trict Commander may temporarily es- (a) Maximum speed limit for vessels in tablish speed limits or temporarily normal displacement mode. (1) Except amend existing speed limit regulations when required for the safety of the ves- on the waters described in § 162.130(a). sel or any other vessel, vessels of 20 [CGD 09–95–002, 60 FR 35702, July 11, 1995] meters or more in length operating in normal displacement mode shall pro- § 162.140 Connecting waters from Lake ceed at a speed not greater than— Huron to Lake Erie; miscellaneous (i) 12 statute miles per hour (10.4 rules. knots) between Fort Gratiot Light and (a) Rules for towing vessels. (1) A tow- St. Clair Flats Canal Light 2; ing vessel may drop or anchor its tows

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only in accordance with the provisions § 162.160 Vermilion, Lorain, Cleveland, of § 162.136. Fairport, Ashtabula, and Conneaut (2) A towing vessel engaged in ar- Harbors, Ohio. ranging its tow shall not obstruct the (a) In Vermilion Harbor, no vessel navigation of other vessels. may exceed 6 miles per hour. (b) Pilots. In the St. Clair River be- (b) In Lorain, Cleveland, Fairport, tween Lake Huron Cut Lighted Buoy 1 Ashtabula, and Conneaut Harbors, no and Port Huron Traffic Lighted Buoy, vessel may exceed 6 miles per hour, ex- vessels shall not take on, discharge, or cept in the outer harbors, where no exchange pilots unless weather condi- vessel may exceed 10 miles per hour. tions would make the maneuver unsafe NOTE: The Corps of Engineers also has reg- in the customary pilot area. ulations dealing with these areas in 33 CFR Part 207. [CGD 78–151, 49 FR 18302, Apr. 30, 1984] [CGD 79–151, 46 FR 7960, Jan. 26, 1981]

§ 162.145 Monroe Harbor, Mich. § 162.165 Buffalo and Rochester Har- (a) In the lake channel, no vessel bors, New York. greater than 40 feet in length may ex- In Buffalo and Rochester Harbors, no ceed 10 miles per hour. vessel may exceed 6 miles per hour, ex- (b) In the river channel: cept in the outer harbors where no ves- (1) No vessel greater than 40 feet in sel may exceed 10 miles per hour. length may exceed 6 miles per hour. NOTE: The Corps of Engineers also has reg- (2) No vessel may use a towline ex- ulations dealing with these areas in 33 CFR ceeding 200 feet in length. Part 207. [CGD 79–151, 46 FR 7960, Jan. 26, 1981] [CGD 79–151, 46 FR 7960, Jan. 26, 1981] § 162.175 Black Rock Canal and Lock § 162.150 Maumee Bay and River, Ohio. at Buffalo, New York. (a) In Maumee Bay (lakeward of In the Black Rock Canal and Lock, Maumee River Lighted Buoy 49(L/L No. no vessel may exceed 6 miles per hour. 770)), no vessel greater than 100 feet in length may exceed 12 miles per hour. NOTE: The Corps of Engineers also has regulations dealing with these areas in 33 CFR (b) In Maumee River (inward of Part 207. Maumee River Lighted Buoy 49(L/L No. 770)): [CGD 79–151, 46 FR 7960, Jan. 26, 1981] (1) No vessel greater than 40 feet in § 162.195 Santa Monica Bay, Calif.; re- length may exceed 6 miles per hour. stricted area. (2) No vessel greater than 100 feet in (a) The area. The waters of the Pa- length (including tug and tow combina- cific Ocean, Santa Monica Bay, in an tions) may overtake another vessel. area extending seaward from the shore- [CGD 79–151, 46 FR 7960, Jan. 26, 1981] line a distance of about 5 nautical miles (normal to the shoreline) and ba- § 162.155 Sandusky and Huron Har- sically outlined as follows: bors, Ohio. Station Latitude North Longitude (a) In Sandusky Harbor, no vessel West greater than 40 feet in length may ex- A ...... 33°54′59″ 118°25′41″ ceed 10 miles per hour. B ...... 33°54′59″ 118°28′00″ C ...... 33°53′59.5″ 118°31′37″ (b) In Huron Harbor, no vessel great- D ...... 33°56′19.5″ 118°34′05″ er than 40 feet in length may exceed 6 E ...... 33°56′25″ 118°26′29″ miles per hour, except in the outer harbor where no vessel greater than 40 feet (b) The regulations. (1) Vessels shall in length may exceed 10 miles per hour. not anchor within the area at any time without permission. NOTE: The Corps of Engineers also has reg- (2) Dredging, dragging, seining, or ulations dealing with these areas in 33 CFR other fishing operations which might Part 207. foul underwater installations within [CGD 79–151, 46 FR 7960, Jan. 26, 1981] the area are prohibited.

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

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

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stop and await further signal from the (4) Collisions. (i) Ocean-going vessels plant. in collision in the channel or turning (iii) When the pipeline from a dredge basin, must if still afloat and in a con- crosses the channel in such a way that dition making anchorage necessary, be an approaching vessel cannot pass safe- immediately removed to an approved ly around the pipeline or dredge, there anchorage ground, or if in such condi- shall be sounded immediately from the tion that beaching is necessary, they dredge the alarm or danger signal and shall be temporarily beached on the the approaching vessel shall slow down southwest side of Ryer Island from or stop and await further signal from Mile 15.0 to Mile 16.3 or in the Harbor the dredge. The pipeline shall then be and Turning Basin at West Sac- opened and the channel cleared as soon ramento. as practicable; when the channel is (ii) Light-draft vessels suffering colli- clear for passage the dredge shall so in- sion shall be disposed of as directed by dicate by sounding the usual passing the District Commander or his author- signal as prescribed in paragraph ized representative. (c)(2)(ii) of this section. The approach- (5) Marine accidents. Masters, mates, ing vessel shall answer with a cor- pilots, owners, or other persons using responding signal and pass promptly. the waterway to which this paragraph (iv) When any pipeline or swinging applies shall notify the District Com- dredge shall have given an approaching mander and in the case of undocu- vessel or tow the signal that the chan- mented vessels, the State Division of nel is clear, the dredge shall straighten Small Craft Harbors also, by the most out within the cut for the passage of expeditious means available of all ma- the vessel or tow. rine accidents, such as fire, collision, (v) Shallow draft vessels when meet- sinking or stranding, where there is ing or being overtaken by ocean-going possible obstruction of the channel or vessels, shall give the right-of-way to interference with navigation or where such vessels by making use of the damage to Government property is in- shallower portions of the waterway, volved, furnishing a clear statement as wherever possible. to the name, address, and ownership of (vi) Tows should promptly give the the vessel or vessels involved, the time channel side requested by proper signal and place, and the action taken. In all from a vessel, and should be handled in cases, the owner of the sunken vessel such a manner as not to obstruct or shall take immediate steps to mark the interfere with the free use of the water- wreck properly. way by other craft. (6) Other laws and regulations. In all (3) Obstruction of traffic. (i) Except as other respects, existing Federal laws provided in paragraph (c)(2) of this sec- and rules and regulations affecting tion no person shall willfully or care- navigable waters of the United States lessly obstruct the free navigation of will govern in this channel. the waterway, or delay any vessel hav- (c) Sacramento River, Decker Island ing the right to use the waterway. Restricted Anchorage for Vessels of the (ii) No vessel shall anchor within the U.S. Government—(1) The anchorage channel except in distress or under ground. An elongated area in the Sac- stress of weather. Any vessel so an- ramento River bounded on the west by chored shall be moved as quickly as the shore of Decker Island and the fol- possible to such anchorage as will leave lowing lines: Beginning on the shore at the channel clear for the passage of Decker Island North End Light at lati- vessels. tude 38°06′16″ N., longitude 121°42′32.5″ (iii) Motorboats, sailboats, rowboats, W.; thence easterly to latitude 38°06′15″ and other small craft shall not anchor N., longitude 121°42′27″ W.; thence or drift in the regular ship channel ex- southerly to latitude 38°05′22″ N., lon- cept under stress of weather or in case gitude 121°42′30″ W.; thence southwest- of breakdown. Such craft shall be so erly to latitude 38°05′08″ N., longitude operated that they will not interfere 121°42′40″ W.; thence west southwesterly with or endanger the movement of to latitude 38°05′02″ N., longitude commercial or public vessels. 121°42′50″ W.; thence northwesterly to

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the shore of Decker Island at latitude The waters of Lake Tahoe shoreward of 38°05′04″ N., longitude 121°42′52.5″ W. a line described as follows: Beginning (2) Special Regulation. No Vessel or at the intersection of the high water- other craft except those owned by or line with the west line of the former operating under contract with the Pope property, about 750 feet westerly United States may navigate or anchor of the west boundary line of Lot 2, Sec- within 50 feet of any moored Govern- tion 6, Township 12 North (Mount Dia- ment vessel in the area. Commercial blo Base Line), Range 18 East (Mount and pleasure craft shall not moor to Diablo Meridian); thence north 300 feet; buoys or chains of Government vessels, thence southeasterly 4,200 feet to a nor may they, while moored or under- point 300 feet north of the high waterway, obstruct the passage of Govern- line; and thence south 300 feet to the ment or other vessels through the area. high waterline.

NOTE: The Corps of Engineers also has reg- (4) El Dorado County Beach. The wa- ulations dealing with this section in 33 CFR ters of Lake Tahoe shoreward of a line Part 207. described as follows: Beginning at the intersection of the high waterline with [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as amended by CGD12 84–07, 51 FR 12318, Apr. 10, the west boundary line of Lot 1, Sec- 1986; CGD11–94–007, 60 FR 16796, Apr. 3, 1995; tion 32, Township 13 North (Mount Dia- USCG–1998–3799, 63 FR 35532, June 30, 1998] blo Base Line), Range 18 East (Mount Diablo Meridian); thence north 500 feet; § 162.210 Lake Tahoe, Calif.; restricted thence northeasterly about 1,350 feet to areas along south shore. the projected east line of Lot 1 at a (a) The areas—(1) Baldwin Beach, point 500 feet north of the high water- under the control of the Forest Service, line; and thence south 500 feet to the Department of Agriculture. The waters of high waterline. Lake Tahoe shoreward of a line de- (b) The regulations. No sail or ma- scribed as follows: Beginning at the chine-propelled watercraft, except ves- intersection of the high waterline with sels owned or controlled by the U.S. the west boundary line of Lot 2, Sec- Coast Guard, shall navigate or anchor tion 26, Township 13 North (Mount Dia- in the restricted area. blo Base Line), Range 17 East (Mount Diablo Meridian); thence north 300 feet; § 162.215 Lake Tahoe, Nev.; restricted thence southeasterly about 2,850 feet to area adjacent to Nevada Beach. the east line of Section 26 at a point 300 (a) The restricted area. The waters of feet north of the high waterline; thence Lake Tahoe shoreward of a line de- northeasterly 1,740 feet to a point 300 scribed as follows: Beginning at the feet north of the high waterline; thence intersection of the high waterline with southeasterly about 1,810 feet to the a line projected in a general southerly projected east line of the former Bald- direction 200 feet from a point lying 310 win property at a point 300 feet north feet west of section corner common to of the high waterline; and thence south section 15, 16, 21, and 22, Township 13 300 feet to the high waterline. North (Mount Diablo Base Line), Range (2) Camp Richardson, under the control 18 East (Mount Diablo Meridian); of the Forest Service, Department of Agri- thence 300 feet lakeward at right an- culture. The waters of Lake Tahoe gles to the high waterline; thence shoreward of a line described as fol- southeasterly approximately 2,170 feet lows: Beginning at the southeasterly to the projected south boundary line of corner of sec. 25, T. 13 N., R. 17 E., the Forest Service property at a point Mount Diablo Base and Meridian; 300 feet west of the high waterline; and thence north 410 feet along the east thence east 300 feet to the high water line of sec. 25; thence northwesterly 95 line. feet to the high waterline which is the (b) The regulations. No sail or motor true point of beginning; thence north propelled watercraft, except vessels 130 feet; thence southeasterly 565 feet; owned or controlled by the United and thence south 130 feet to the high States Government and vessels duly waterline. authorized by the United States Coast (3) Pope Beach, under the control of the Guard, shall navigate or anchor in the Forest Service, Department of Agriculture. restricted area.

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§ 162.220 Hoover Dam, Lake Mead, and freshets under 25 feet on the Van- Lake Mohave (Colorado River), couver, Washington, gage when con- Ariz.-Nev. struction is in progress, rehabilitation, (a) Lake Mead and Lake Mohave; re- or other unusual emergency makes a stricted areas—(1) The areas. That por- major shore installation susceptible to tion of Lake Mead extending 700 feet loss or major damage from wave ac- upstream of the axis of Hoover Dam tion, the District Commander shall and that portion of Lake Mohave (Colo- have authority to prescribe for a par- rado River) extending 4,500 feet down- ticular limited reach of the river as ap- stream of the axis of Hoover Dam. propriate such temporary speed regula- (2) The regulations. The restricted tions as he may deem necessary to pro- areas shall be closed to navigation and tect the integrity of such structure. All other use by the general public. Only speed regulations prescribed by the vessels owned by or controlled by the District Commander shall be obeyed U.S. Government and the States of Ari- for the duration of the emergency and zona and Nevada shall navigate or an- shall be terminated at the earliest chor in the restricted areas: Provided, practicable time that improved stream however, The Regional Director, Region conditions permit. 3, U.S. Bureau of Reclamation, Boulder City, Nev., may authorize, by written § 162.230 Columbia River, Wash. permit, individuals or groups to navi- (a) Grand Coulee Dam discharge chan- gate or anchor in the restricted areas nel; restricted area—(1) The area. That when it is deemed in the public inter- portion of the Columbia River between est. Copies of said permits must be fur- Grand Coulee Dam (situated at river nished to the enforcing agencies. mile 596.6) and river mile 593.7. (b) Lake Mead; speed regulation. In (2) The regulations. (i) No vessel shall that portion of Lake Mead extending enter or navigate within the area with- 300 feet upstream of the restricted area out permission from the enforcing described in paragraph (a) of this sec- agency. tion, a maximum speed of 5 miles per (ii) The regulation in this section hour shall not be exceeded. shall be enforced by the Chief, Power (c) Supervision. The regulations in this section shall be supervised by the Field Division, Columbia Basin District Commander, Eleventh Coast Project, U.S. Department of the Inte- Guard District. rior, Coulee Dam, Washington. [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as § 162.235 Puget Sound Area, Wash. amended by USCG–2008–0179, 73 FR 35016, June 19, 2008] (a) Waterway connecting Port Town- send and Oak Bay; use, administration, § 162.225 Columbia and Willamette and navigation—(1) Works to which regu- Rivers, Washington and Oregon; ad- lations apply. The ‘‘canal grounds’’ ministration and navigation. when used in this paragraph shall mean (a) Supervision. The District Com- that area between the south end of the mander, Thirteenth Coast Guard Dis- jetties in Oak Bay and the northerly trict, has certain administrative super- end of the dredge channel approxi- vision over the Columbia and Willam- mately 400 yards northwest of Port ette Rivers, and is charged with the en- Townsend Canal Light. The ‘‘canal’’ is forcement under his direction of emer- the water lying between these limits gency regulations to govern navigation and the banks containing the same. of these streams. (2) Speed. The speed limit within the (b) Speed. During very high water canal grounds shall not exceed five stages (usually 25 feet or more on the miles per hour. Vancouver, Washington, gage) when (3) Signals. All boats desiring to use lives, floating plant or major shore in- the canal shall give one long and one stallations are endangered, the District short whistle. Southbound boats shall Commander shall have authority to sound the signal within 600 yards of prescribe such temporary speed regula- Port Townsend Canal Light. North- tions as he may deem necessary for the bound boats shall sound this signal at public safety. During critical periods of least 500 feet south from the end of the

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

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

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channel, nor shall any craft or tow be (2) Beaumont Reserve Fleet, Neches anchored so that it can swing into ei- River near Beaumont, Texas. ther of these channels. (3) Suisun Bay Reserve Fleet near (g) Disabled craft. Disabled craft in a Benicia, California. condition of absolute necessity are ex- (b) No vessels or other watercraft, exempt from the regulations in this sec- cept those owned or controlled by the tion. United States Government, shall cruise [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as or anchor between Reserve Fleet units amended by CGD 82–039, 47 FR 27266, June 24, within 500 feet of the end vessels in 1982; CGD 94–026, 60 FR 63624, Dec. 12, 1995] each Reserve Fleet unit, or within 500 feet of the extreme units of the fleets, § 162.260 Channel leading to San Juan unless specific permission of do so has Harbor, P.R.; use, administration, first been granted in each case by the and navigation. enforcing agency. (a) Steamers passing dredge engaged (c) The regulations in this section in improving the channel shall not shall be enforced by the respective have a speed greater than 4 miles an Fleet Superintendents and such agen- hour, and the propelling machinery cies as they may designate. shall be stopped when crossing the lines to the dredge anchors. [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 86–053, 51 FR 43742, Dec. 4, (b) Vessels using the channel shall 1986] pass the dredge on the side designated from the dredge by the signals prescribed in paragraph (c) of this section. PART 163—TOWING OF BARGES (c) Dredge shall display the red flag by day and four white lights hung in a Sec. vertical line by night to indicate the 163.01 Application. passing side. 163.03 Definitions. 163.05 Tows of seagoing barges within in- (d) Vessels shall not anchor on the land waters. ranges of stakes or other marks placed 163.20 Bunching of tows. for the guidance of the dredge, nor in such a manner as to obstruct the chan- AUTHORITY: 33 U.S.C. 152, 2071; 49 CFR nel for passing vessels. l.46(n). (e) Vessels shall not run over or dis- § 163.01 Application. turb stake, lanterns, or other marks placed for the guidance of the dredge. (a) The regulations in this part apply (f) Dredges working in the prosecu- to vessels navigating the harbors, riv- tion of the work shall not obstruct the ers, and inland waters of the United channel unnecessarily. States, except the Great Lakes and (g) The dredge will slack lines run- their connecting and tributary waters ning across the channel from the as far east as Montreal, the Red River dredge on the passing side, for passing of the North, the Mississippi River and vessels, when notified by signal, with its tributaries above Huey P. Long whistle or horn. Bridge, and that part of the (h) The position of anchors of the Atchafalaya River above its junction dredge shall be marked by buoys plain- with the Plaquemine-Morgan City ally visible to passing vessels. ternate waterway. (b) Seagoing barges and their towing § 162.270 Restricted areas in vicinity vessels shall be subject to the require- of Maritime Administration Reserve ments in this part under the provisions Fleets. of section 14 of the Act of May 28, 1908, (a) The regulations in this section as amended (sec. 14, 35 Stat. 428, as shall govern the use and navigation of amended; 33 U.S.C. 152). Under the pro- waters in the vicinity of the following visions of section 15 of the Act of May National Defense Reserve Fleets of the 28, 1908, as amended (sec. 15, 35 Stat. Maritime Administration, Department 429; 33 U.S.C. 153), the penalty for use of of Transportation: an unlawful towline shall be an action (1) James River Reserve Fleet, Fort against the master of the towing vessel Eustis, Virginia. seeking the suspension or revocation of

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his license or merchant mariner cre- PART 164—NAVIGATION SAFETY dential. REGULATIONS [CGFR 60–61, 25 FR 9045, Sept. 21, 1960, as amended by CGFR 66–59, 31 FR 13647, Oct. 22, Sec. 1966. Redesignated by CGD 81–017, 46 FR 164.01 Applicability. 28154, May 26, 1981; USCG–2006–24371, 74 FR 164.02 Applicability exception for foreign 11213, Mar. 16, 2009] vessels. 164.03 Incorporation by reference. § 163.03 Definitions. 164.11 Navigation under way: General. 164.13 Navigation underway: tankers. The following definition applies to 164.15 Navigation bridge visibility. this part: 164.19 Requirements for vessels at anchor. Merchant mariner credential or MMC 164.25 Tests before entering or getting underway. means the credential issued by the 164.30 Charts, publications, and equipment: Coast Guard under 46 CFR part 10. It General. combines the individual merchant 164.33 Charts and publications. mariner’s document, license, and cer- 164.35 Equipment: All vessels. tificate of registry enumerated in 46 164.37 Equipment: Vessels of 10,000 gross U.S.C. subtitle II part E as well as the tons or more. 164.38 Automatic radar plotting aids STCW endorsement into a single cre- (ARPA). dential that serves as the mariner’s 164.39 Steering gear: Foreign tankers. qualification document, certificate of 164.40 Devices to indicate speed and dis- identification, and certificate of serv- tance. ice. 164.41 Electronic position fixing devices. 164.42 Rate of turn indicator. [USCG–2006–24371, 74 FR 11213, Mar. 16, 2009] 164.43 Automatic Identification System Shipborne Equipment—Prince William § 163.05 Tows of seagoing barges with- Sound. in inland waters. 164.46 Automatic Identification System (AIS). (a) The tows of seagoing barges when 164.51 Deviations from rules: Emergency. navigating the inland waters of the 164.53 Deviations from rules and reporting: United States shall be limited in Non-operating equipment. length to five vessels, including the 164.55 Deviations from rules: Continuing operation or period of time. towing vessel or vessels. 164.61 Marine casualty reporting and record [CGFR 60–61, 25 FR 9045, Sept. 21, 1960. Redes- retention. ignated by CGD 81–017, 46 FR 28154, May 26, 164.70 Definitions. 1981] 164.72 Navigational-safety equipment, charts or maps, and publications re- § 163.20 Bunching of tows. quired on towing vessels. 164.74 Towline and terminal gear for towing (a) In all cases where tows can be astern. bunched, it should be done. 164.76 Towline and terminal gear for towing (b) Tows navigating in the North and alongside and pushing ahead. 164.78 Navigation under way: Towing ves- East Rivers of New York must be sels. bunched above a line drawn between 164.80 Tests, inspections, and voyage plan- Robbins Reef Light and Owls Head, ning. Brooklyn, but the quarantine anchor- 164.82 Maintenance, failure, and reporting. age and the north entrance to Ambrose AUTHORITY: 33 U.S.C. 1222(5), 1223, 1231; 46 Channel shall be avoided in the process U.S.C. 2103, 3703; Department of Homeland of bunching tows. Security Delegation No. 0170.1 (75). Sec. (c) Tows must be bunched above the 164.13 also issued under 46 U.S.C. 8502. Sec. 164.61 also issued under 46 U.S.C. 6101. mouth of the Schuylkill River, Pa. [CGFR 60–61, 25 FR 9045, Sept. 21, 1960, as § 164.01 Applicability. amended by CGFR 64–21, 29 FR 5733, Apr. 30, (a) This part (except as specifically 1964. Redesignated by CGD 81–017, 46 FR limited by this section) applies to each 28154, May 26, 1981] self-propelled vessel of 1600 or more gross tons (except as provided in paragraphs (c) and (d) of this section, or for

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foreign vessels described in § 164.02) (i) Innocent passage through the ter- when it is operating in the navigable ritorial sea of the United States; or waters of the United States except the (ii) Transit through navigable waters St. Lawrence Seaway. of the United States which form a part (b) Sections 164.70 through 164.82 of of an international strait. this part apply to each towing vessel of 12 meters (39.4 feet) or more in length [CGD 77–063, 44 FR 66530, Nov. 19, 1979, as operating in the navigable waters of amended by CGD 79–148, 45 FR 54039, Aug. 14, the United States other than the St. 1980; USCG–2003–14757, 68 FR 39367, July 1, 2003; 68 FR 60569, Oct. 22, 2003] Lawrence Seaway; except that a towing vessel is exempt from the require- § 164.03 Incorporation by reference. ments of § 164.72 if it is— (1) Used solely within a limited geo- (a) Certain material is incorporated graphic area, such as a fleeting-area for by reference into this part with the ap- barges or a commercial facility, and proval of the Director of the Federal used solely for restricted service, such Register under 5 U.S.C. 552(a) and 1 as making up or breaking up larger CFR part 51. To enforce any edition tows; other than that specified in paragraph (2) Used solely for assistance towing (b) of this section, the Coast Guard as defined by 46 CFR 10.103; must publish notice of change in the (3) Used solely for pollution response; FEDERAL REGISTER and the material or must be available to the public. All ap- (4) Any other vessel exempted by the proved material is available for inspec- Captain of the Port (COTP). The COTP, tion at the Navigation Systems Divi- upon written request, may, in writing, sion (CG–5413), Coast Guard Head- exempt a vessel from § 164.72 for a spec- quarters, 2100 2nd St. SW., Stop 7355, ified route if he or she decides that ex- Washington, DC 20593–7355 and at the empting it would not allow its unsafe National Archives and Records Admin- navigation under anticipated condi- istration (NARA). For information on tions. the availability of this material at (c) Provisions of §§ 164.11(a)(2) and (c), NARA, call 202–741–6030, or go to: http:// 164.30, 164.33, and 164.46 do not apply to www.archives.gov/federallregister/ warships or other vessels owned, codeloflfederallregulations/ leased, or operated by the United ibrllocations.html. All approved mate- States Government and used only in rial is available from the sources indi- government noncommercial service cated in paragraph (b) of this section. when these vessels are equipped with (b) The materials approved for incor- electronic navigation systems that poration by reference in this part and have met the applicable agency regulations regarding navigation safety. the sections affected are as follows: (d) Provisions of § 164.46 apply to American Petroleum Institute (API), some self-propelled vessels of less than 1220 L Street NW., Washington, DC 20005 1600 gross tonnage. API Specification 9A, Specifica- [CGD 83–004, 49 FR 43466, Oct. 29, 1984, as tion for Wire Rope, Section 3, amended by CGD 94–020, 61 FR 35072, July 3, Properties and Tests for Wire 1996; USCG–2000–8300, 66 FR 21864, May 2, 2001; and Wire Rope, May 28, 1984 ..... 164.74 USCG–2003–14757, 68 FR 39367, July 1, 2003] American Society for Testing and Ma- terials (ASTM), 100 Barr Harbor § 164.02 Applicability exception for Drive, West Conshohocken, PA foreign vessels. 19428-2959 ASTM D4268–93, Standard Test (a) Except as provided in § 164.46(a)(2) Method for Testing Fiber Ropes 164.74 of this part, including §§ 164.38 and Cordage Institute, 350 Lincoln 164.39, this part does not apply to ves- Street, Hingham, MA 02043 sels that: CIA–3, Standard Test Methods for (1) Are not destined for, or departing Fiber Rope Including Standard from, a port or place subject to the ju- Terminations, Revised, June risdiction of the United States; and 1980 ...... 164.74 (2) Are in:

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International Electrotechnical Com- ITU-R Recommendation M.1371–1, mission (IEC), 3, rue de Varemb, Technical characteristics for a Geneva, Switzerland. universal shipborne automatic IEC 61993–2, Maritime navigation identification system using and radiocommunication equip- time division multiple access ment and systems—Automatic in the VHF maritime mobile identification systems (AIS)— band, 1998–2001 ...... 164.46 part 2: Class A shipborne equip- Radio Technical Commission for Mar- ment of the universal auto- itime Services, 655 Fifteenth matic identification system Street, NW., Suite 300, Wash- (AIS)—Operational and per- ington, DC 20005 formance requirements, meth- (1) RTCM Paper 12–78/DO–100, ods of test and required test re- Minimum Performance Stand- sults First edition, 2001–12 ...... 164.46 ards, Loran C Receiving Equip- International Maritime Organization ment, 1977 ...... 164.41 (IMO), 4 Albert Embankment, (2) RTCM Paper 194–93/SC104– London SE1 7SR, U.K. STD, RTCM Recommended IMO Resolution A342(IX), Rec- Standards for Differential ommendation on Performance NAVSTAR GPS Service, Standards for Automatic Pi- Version 2.1, 1994 ...... 164.43 lots, adopted November 12, 1975 164.13 (3) RTCM Paper 71–95/SC112–STD, Resolution MSC.74(69), Annex 3, RTCM Recommended Stand- Recommendation on Perform- ards for Marine Radar Equip- ance Standards for a Universal ment Installed on Ships of Less Shipborne Automatic Identi- Than 300 Tons Gross Tonnage, fication System (AIS), adopted Version 1.1, October 10, 1995 ...... 164.72 May 12, 1998 ...... 164.46 (4) RTCM Paper 191–93/SC112–X, SN/Circ.227, Guidelines for the In- RTCM Recommended Stand- stallation of a Shipborne Auto- ards for Maritime Radar Equip- matic Identification System ment Installed on Ships of 300 (AIS), dated January 6, 2003 ..... 164.46 Tons Gross Tonnage and Up- SOLAS, International Conven- wards, Version 1.2, December tion for Safety of Life at Sea, 20, 1993 ...... 164.72 1974, and 1988 Protocol relating thereto, 2000 Amendments, ef- [CGD 91–203, 58 FR 27632, May 10, 1993, as fective January and July 2002, amended by CGD 83–043, 60 FR 24771, May 10, (SOLAS 2000 Amendments) ...... 164.46 1995; CGD 93–022, 60 FR 51734, Oct. 3, 1995; Conference resolution 1, Adop- CGD 96–026, 61 FR 33669, June 28, 1996; CGD tion of amendments to the 94–020, 61 FR 35072, July 3, 1996; USCG–1999– Annex to the International 5151, 64 FR 67176, Dec. 1, 1999; USCG–2002– Convention for the Safety of 12471, 67 FR 41333, June 18, 2002; USCG–2003– Life at Sea, 1974, and amend- 14757, 68 FR 39367, July 1, 2003; 68 FR 60569, ments to Chapter V of SOLAS Oct. 22, 2003; 69 FR 18803, Apr. 9, 2004; USCG– 1974, adopted December 12, 2002 164.46 2004–18057, 69 FR 34926, June 23, 2004; USCG– International Telecommunication 2008–0179, 73 FR 35016, June 19, 2008; USCG– Union Radiocommuni- cation Bu- 2010–0351, 75 FR 36287, June 25, 2010] reau (ITU-R), Place de Nations CH–1211 Geneva 20 Switzerland § 164.11 Navigation under way: Gen- (1) ITU-R Recommendation eral. M.821, Optional Expansion of The owner, master, or person in the Digital Selective-Calling charge of each vessel underway shall System for Use in the Maritime Mobile Service, 1992 ...... 164.43 ensure that: (2) ITU-R Recommendation (a) The wheelhouse is constantly M.825, Characteristics of a manned by persons who: Transponder System Using Dig- (1) Direct and control the movement ital Selective-Calling Tech- of the vessel; and niques for Use with Vessel (2) Fix the vessel’s position; Traffic Services and Ship-to- Ship Identification, 1992 ...... 164.43 (b) Each person performing a duty described in paragraph (a) of this section is competent to perform that duty; (c) The position of the vessel at each fix is plotted on a chart of the area and the person directing the movement of 587

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the vessel is informed of the vessel’s (o) The vessel’s anchors are ready for position; letting go; (d) Electronic and other navigational (p) The person directing the move- equipment, external fixed aids to navi- ment of the vessel sets the vessel’s gation, geographic reference points, speed with consideration for: and hydrographic contours are used (1) The prevailing visibility and when fixing the vessel’s position; weather conditions; (e) Buoys alone are not used to fix (2) The proximity of the vessel to the vessel’s position; fixed shore and marine structures; NOTE: Buoys are aids to navigation placed (3) The tendency of the vessel under- in approximate positions to alert the mar- way to squat and suffer impairment of iner to hazards to navigation or to indicate the orientation of a channel. Buoys may not maneuverability when there is small maintain an exact position because strong or underkeel clearance; varying currents, heavy seas, ice, and colli- (4) The comparative proportions of sions with vessels can move or sink them or the vessel and the channel; set them adrift. Although buoys may cor- (5) The density of marine traffic; roborate a position fixed by other means, buoys cannot be used to fix a position: how- (6) The damage that might be caused ever, if no other aids are available, buoys by the vessel’s wake; alone may be used to establish an estimated (7) The strength and direction of the position. current; and (f) The danger of each closing visual (8) Any local vessel speed limit; or each closing radar contact is evalu- (q) The tests required by § 164.25 are ated and the person directing the made and recorded in the vessel’s log; movement of the vessel knows the and evaluation; (r) The equipment required by this (g) Rudder orders are executed as part is maintained in operable condi- given; tion. (h) Engine speed and direction orders (s) Upon entering U.S. waters, the are executed as given; steering wheel or lever on the navi- (i) Magnetic variation and deviation gating bridge is operated to determine and gyrocompass errors are known and correctly applied by the person direct- if the steering equipment is operating ing the movement of the vessel; properly under manual control, unless (j) A person whom he has determined the vessel has been steered under man- is competent to steer the vessel is in ual control from the navigating bridge the wheelhouse at all times; 1 within the preceding 2 hours, except (k) If a pilot other than a member of when operating on the Great Lakes and the vessel’s crew is employed, the pilot their connecting and tributary waters. is informed of the draft, maneuvering (t) At least two of the steering-gear characteristics, and peculiarities of the power units on the vessel are in oper- vessel and of any abnormal cir- ation when such units are capable of si- cumstances on the vessel that may af- multaneous operation, except when the fect its safe navigation. vessel is sailing on the Great Lakes (l) Current velocity and direction for and their connecting and tributary wa- the area to be transited are known by ters, and except as required by para- the person directing the movement of graph (u) of this section. the vessel; (u) On each passenger vessel meeting (m) Predicted set and drift are known the requirements of the International by the person directing movement of Convention for the Safety of Life at the vessel; (n) Tidal state for the area to be Sea, 1960 (SOLAS 60) and on each cargo transited is known by the person di- vessel meeting the requirements of recting movement of the vessel; SOLAS 74 as amended in 1981, the number of steering-gear power units nec- ° 1 See also 46 U.S.C. 8702(d), which requires essary to move the rudder from 35 on an able seaman at the wheel on U.S. vessels either side to 30° on the other in not of 100 gross tons or more in narrow or crowded waters during low visibility.

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more than 28 seconds must be in simul- (iii) An anchorage ground specified in taneous operation. part 110 of this chapter. [CGD 74–77, 42 FR 5956, Jan. 31, 1977, as (iv) An area within one-half nautical amended by CGD 83–004, 49 FR 43466, Oct. 29, mile of any U.S. shore. 1984; CGD 91–203, 58 FR 27633, May 10, 1993; (e) A tanker equipped with an inte- CGD 83–043, 60 FR 24771, May 10, 1995] grated navigation system, and complying with paragraph (d)(2) of this sec- § 164.13 Navigation underway: tankers. tion, may use the system with the auto (a) As used in this section, ‘‘tanker’’ pilot engaged while in the areas de- means a self-propelled tank vessel, in- scribed in paragraphs (d)(3) (i) and (ii) cluding integrated tug barge combina- of this section. The master shall pro- tions, constructed or adapted primarily vide, upon request, documentation to carry oil or hazardous material in showing that the integrated navigation bulk in the cargo spaces and inspected system— and certificated as a tanker. (1) Can maintain a predetermined (b) Each tanker must have an engi- trackline with a cross track error of neering watch capable of monitoring less than 10 meters 95 percent of the the propulsion system, communicating time; with the bridge, and implementing (2) Provides continuous position data manual control measures immediately accurate to within 20 meters 95 percent when necessary. The watch must be of the time; and physically present in the machinery (3) Has an immediate override con- spaces or in the main control space and trol. must consist of at least an engineer with an appropriately endorsed license [CGD 91–203, 58 FR 27633, May 10, 1993, as or merchant mariner credential. amended by CGD 91–203, 58 FR 36141, July 6, (c) Each tanker must navigate with 1993; USCG–2006–24371, 74 FR 11213, Mar. 16, 2009] at least two deck officers with an appropriately endorsed license or mer- § 164.15 Navigation bridge visibility. chant mariner credential on watch on the bridge, one of whom may be a pilot. (a) The arrangement of cargo, cargo In waters where a pilot is required, the gear, and trim of all vessels entering or second officer, must be an individual departing from U.S. ports must be such holding an appropriately endorsed li- that the field of vision from the navi- cense or merchant mariner credential gation bridge conforms as closely as and assigned to the vessel as master, possible to the following requirements: mate, or officer in charge of a naviga- (1) From the conning position, the tional watch, who is separate and dis- view of the sea surface must not be ob- tinct from the pilot. scured by more than the lesser of two (d) Except as specified in paragraph ship lengths or 500 meters (1640 feet) (e) of this section, a tanker may oper- from dead ahead to 10 degrees on either ate with an auto pilot engaged only if side of the vessel. Within this arc of all of the following conditions exist: visibility any blind sector caused by (1) The operation and performance of cargo, cargo gear, or other permanent the automatic pilot conforms with the obstruction must not exceed 5 degrees. standards recommended by the Inter- (2) From the conning position, the national Maritime Organization in IMO horizontal field of vision must extend Resolution A.342(IX). over an arc from at least 22.5 degrees (2) A qualified helmsman is present abaft the beam on one side of the ves- at the helm and prepared at all times sel, through dead ahead, to at least 22.5 to assume manual control. degrees abaft the beam on the other (3) The tanker is not operating in any side of the vessel. Blind sectors forward of the following areas: of the beam caused by cargo, cargo (i) The areas of the traffic separation gear, or other permanent obstruction schemes specified in subchapter P of must not exceed 10 degrees each, nor this chapter. total more than 20 degrees, including (ii) The portions of a shipping safety any blind sector within the arc of visi- fairway specified in part 166 of this bility described in paragraph (a)(1) of chapter. this section.

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(3) From each bridge wing, the field (iv) Each rudder angle indicator in of vision must extend over an arc from relation to the actual position of the at least 45 degrees on the opposite bow, rudder. through dead ahead, to at least dead (v) Each remote steering gear control astern. system power failure alarm. (4) From the main steering position, (vi) Each remote steering gear power the field of vision must extend over an unit failure alarm. arc from dead ahead to at least 60 de- (vii) The full movement of the rudder grees on either side of the vessel. (b) A clear view must be provided to the required capabilities of the through at least two front windows at steering gear. all times regardless of weather condi- (2) All internal vessel control com- tions. munications and vessel control alarms. (3) Standby or emergency generator, [CGD 85–099, 55 FR 32247, Aug. 8, 1990, as amended by USCG–2006–25150, 71 FR 39211, for as long as necessary to show proper July 12, 2006] functioning, including steady state temperature and pressure readings. § 164.19 Requirements for vessels at (4) Storage batteries for emergency anchor. lighting and power systems in vessel The master or person in charge of control and propulsion machinery each vessel that is anchored shall en- spaces. sure that: (5) Main propulsion machinery, ahead (a) A proper anchor watch is main- and astern. tained; (b) Vessels navigating on the Great (b) Procedures are followed to detect Lakes and their connecting and tribu- a dragging anchor; and tary waters, having once completed the (c) Whenever weather, tide, or cur- test requirements of this subpart, are rent conditions are likely to cause the vessel’s anchor to drag, action is taken considered to remain in compliance to ensure the safety of the vessel, until arriving at the next port of call structures, and other vessels, such as on the Great Lakes. being ready to veer chain, let go a sec- (c) Vessels entering the Great Lakes ond anchor, or get underway using the from the St. Lawrence Seaway are con- vessel’s own propulsion or tug assist- sidered to be in compliance with this ance. sub-part if the required tests are conducted preparatory to or during the [CGD 74–77, 42 FR 5956, Jan. 31, 1977] passage of the St. Lawrence Seaway or § 164.25 Tests before entering or get- within one hour of passing Wolfe Is- ting underway. land. (a) Except as provided in paragraphs (d) No vessel may enter, or be oper- (b) and (c) of this section no person ated on the navigable waters of the may cause a vessel to enter into or get United States unless the emergency underway on the navigable waters of steering drill described below has been the United States unless no more than conducted within 48 hours prior to 12 hours before entering or getting un- entry and logged in the vessel logbook, derway, the following equipment has unless the drill is conducted and logged been tested: on a regular basis at least once every (1) Primary and secondary steering three months. This drill must include gear. The test procedure includes a vis- at a minimum the following: ual inspection of the steering gear and (1) Operation of the main steering its connecting linkage, and, where ap- gear from within the steering gear plicable, the operation of the following: compartment. (i) Each remote steering gear control (2) Operation of the means of commu- system. nications between the navigating (ii) Each steering position located on the navigating bridge. bridge and the steering compartment. (iii) The main steering gear from the alternative power supply, if installed.

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(3) Operation of the alternative power must singly or in combination contain supply for the steering gear if the ves- similar information to the U.S. Gov- sel is so equipped. ernment publication to make safe navigation of the area possible. The publi- (92 Stat. 1471 (33 U.S.C. 1221 et seq.); 49 CFR 1.46(n)(4)) cation, or applicable extract must be currently corrected, with the excep- [CGD 77–183, 45 FR 18925, Mar. 24, 1980, as tions of tide and tidal current tables, amended by CGD 83–004, 49 FR 43466, Oct. 29, which must be the current editions. 1984] (c) As used in this section, ‘‘currently § 164.30 Charts, publications, and corrected’’ means corrected with equipment: General. changes contained in all Notices to Mariners published by the National Im- No person may operate or cause the agery and Mapping Agency, or an operation of a vessel unless the vessel equivalent foreign government publica- has the marine charts, publications, tion, reasonably available to the ves- and equipment as required by §§ 164.33 sel, and that is applicable to the ves- through 164.41 of this part. sel’s transit. [CGD 82–055, 48 FR 44535, Sept. 29, 1983] [CGD 82–055, 48 FR 44535, Sept. 29, 1983, as amended by USCG–2001–9286, 66 FR 33641, § 164.33 Charts and publications. June 25, 2001] (a) Each vessel must have the following: § 164.35 Equipment: All vessels. (1) Marine charts of the area to be Each vessel must have the following: transited, published by the National (a) A marine radar system for surface Ocean Service, U.S. Army Corps of En- navigation. gineers, or a river authority that— (b) An illuminated magnetic steering (i) Are of a large enough scale and compass, mounted in a binnacle, that have enough detail to make safe navi- can be read at the vessel’s main steer- gation of the area possible; and ing stand. (ii) Are currently corrected. (c) A current magnetic compass devi- (2) For the area to be transited, a ation table or graph or compass com- currently corrected copy of, or applica- parison record for the steering com- ble currently corrected extract from, pass, in the wheelhouse. each of the following publications: (d) A gyrocompass. (i) U.S. Coast Pilot. (e) An illuminated repeater for the (ii) Coast Guard Light List. gyrocompass required by paragraph (d) (3) For the area to be transited, the of this section that is at the main current edition of, or applicable cur- steering stand, unless that gyro- rent extract from: compass is illuminated and is at the (i) Tide tables published by private main steering stand. entities using data provided by the Na- (f) An illuminated rudder angle indi- tional Ocean Service. cator in the wheelhouse. (ii) Tidal current tables published by (g) The following maneuvering infor- private entities using data provided by mation prominently displayed on a fact the National Ocean Service, or river sheet in the wheelhouse: current publication issued by the U.S. (1) A turning circle diagram to port Army Corps of Engineers, or a river au- and starboard that shows the time and thority. distance and advance and transfer re- (b) As an alternative to the require- quired to alter course 90 degrees with ments for paragraph (a) of this section, maximum rudder angle and constant a marine chart or publication, or appli- power settings, for either full and half cable extract, published by a foreign speeds, or for full and slow speeds. For government may be substituted for a vessels whose turning circles are essen- U.S. chart and publication required by tially the same for both directions, a this section. The chart must be of large diagram showing a turning circle in enough scale and have enough detail to one direction, with a note on the dia- make safe navigation of the area pos- gram stating that turns to port and sible, and must be currently corrected. starboard are essentially the same, The publication, or applicable extract, may be substituted.

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(2) The time and distance to stop the displayed on the navigating bridge and vessel from either full and half speeds, in the steering gear compartment. or from full and slow speeds, while (l) An indicator readable from the maintaining approximately the initial centerline conning position showing heading with minimum application of the rate of revolution of each propeller, the rudder. except when operating on the Great (3) For each vessel with a fixed pro- Lakes and their connecting and tribu- peller, a table of shaft revolutions per tary waters. minute for a representative range of (m) If fitted with controllable pitch speeds. propellers, an indicator readable from (4) For each vessel with a control- the centerline conning position show- lable pitch propeller, a table of control ing the pitch and operational mode of settings for a representative range of such propellers, except when operating speeds. on the Great Lakes and their con- (5) For each vessel that is fitted with necting and tributary waters. an auxiliary device to assist in maneu- (n) If fitted with lateral thrust pro- vering, such as a bow thruster, a table pellers, an indicator readable from the of vessel speeds at which the auxiliary centerline conning position showing device is effective in maneuvering the the direction and amount of thrust of vessel. such propellers, except when operating (6) The maneuvering information for on the Great Lakes and their con- the normal load and normal ballast condition for: necting and tributary waters. (i) Calm weather—wind 10 knots or (o) A telephone or other means of less, calm sea; communication for relaying headings (ii) No current; to the emergency steering station. (iii) Deep water conditions—water Also, each vessel of 500 gross tons and depth twice the vessel’s draft or great- over and constructed on or after June er; and 9, 1995 must be provided with arrange- (iv) Clean hull. ments for supplying visual compass- (7) At the bottom of the fact sheet, readings to the emergency steering sta- the following statement: tion.

WARNING (92 Stat. 1471 (33 U.S.C. 1221 et seq.); 49 CFR 1.46(n)(4)) The response of the (name of the vessel) may be different from that listed above if [CGD 74–77, 42 FR 5956, Jan. 31, 1977, as any of the following conditions, upon which amended by CGD 77–183, 45 FR 18925, Mar. 24, the maneuvering information is based, are 1980; CGD 83–004, 49 FR 43466, Oct. 29, 1984; varied: CGD 83–043, 60 FR 24771, May 10, 1995; 60 FR (1) Calm weather—wind 10 knots or less, 28834, June 2, 1995] calm sea; (2) No current; § 164.37 Equipment: Vessels of 10,000 (3) Water depth twice the vessel’s draft or gross tons or more. greater; (4) Clean hull; and (a) Each vessel of 10,000 gross tons or (5) Intermediate drafts or unusual trim. more must have, in addition to the radar system under § 164.35(a), a second (h) An echo depth sounding device. marine radar system that operates (i) A device that can continuously independently of the first. record the depth readings of the vessel’s echo depth sounding device, ex- NOTE: Independent operation means two cept when operating on the Great completely separate systems, from separate Lakes and their connecting and tribu- branch power supply circuits or distribution tary waters. panels to antennas, so that failure of any (j) Equipment on the bridge for plot- component of one system will not render the other system inoperative. ting relative motion. (k) Simple operating instructions (b) On each tanker of 10,000 gross tons with a block diagram, showing the or more that is subject to 46 U.S.C. change-over procedures for remote 3708, the dual radar system required by steering gear control systems and this part must have a short range capa- steering gear power units, permanently bility and a long range capability; and

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each radar must have true north fea- ual alarms, must be installed as fol- tures consisting of a display that is lows: stabilized in azimuth. (1) Each self-propelled vessel, except (Titles I and II, 86 Stat. 426, 427 (33 U.S.C. a public vessel, of 10,000 gross tons or 1224; 46 U.S.C. 391(a); 49 CFR 1.46(n)(4)) more carrying oil or hazardous mate- [CGD 77–016, 43 FR 32112, July 24, 1978, as rials in bulk as cargo or in residue on amended by CGD 79–033, 44 FR 26741, May 7, the navigable waters of the United 1979; CGD 79–033, 47 FR 34389, Aug. 9, 1982; States, or which transfers oil or haz- USCG–1998–3799, 63 FR 35532, June 30, 1998] ardous materials in any port or place subject to the jurisdiction of the § 164.38 Automatic radar plotting aids United States, must be equipped with (ARPA). an ARPA. (a) The following definitions are used (2) Each tank vessel of 10,000 gross in this section— tons or more operating on the navi- Bulk means material in any quantity gable waters of the United States must that is shipped, stored, or handled be equipped with an ARPA. without benefit of package, label, mark or count and carried in integral or (3) Each self-propelled vessel of 15,000 fixed independent tanks. gross tons or more that is not a tank Constructed means a stage of con- vessel, and is not carrying oil or haz- struction where— ardous material in bulk as cargo or in (1) The keel is laid; residue operating on the navigable wa- (2) Construction identifiable with a ters of the United States, and was con- specific ship begins; or structed before September 1, 1984, must (3) Assembly of that ship has com- be equipped with an ARPA, except menced comprising at least 50 tons or 1 when it is operating on the Great percent of the estimated mass of all Lakes and their connecting and tribu- structural material, whichever is less. tary waters. Hazardous material means— (4) Each vessel of 10,000 gross tons or (1) A flammable liquid as defined in more, except when operating on the 46 CFR 30.10–22 or a combustible liquid Great Lakes and their connecting and as defined in 46 CFR 30.10–15; tributary waters, constructed on or (2) A material listed in table 151.05 of after September 1, 1984 must be 46 CFR 151.05, table 1 of 46 CFR 153, or equipped with an ARPA. table 4 of 46 CFR Part 154; or (3) A liquid, liquefied gas, or com- (c) [Reserved] pressed gas listed in 49 CFR 172.101. (d)(1) Each device required under Self-propelled vessel includes those paragraph (b) of this section must have combinations of pushing vessel and a permanently affixed label containing: vessel being pushed ahead which are (i) The name and address of the man- rigidly connected in a composite unit ufacturer; and and are required by Rule 24(b) of the (ii) The following statement: International Regulations for Pre- ‘‘This device was designed and manu- venting Collisions at Sea, 1972 (72 factured to comply with the Inter- COLREGS) (App. A to 33 CFR Part 81) national Maritime Organization (IMO) to exhibit the lights prescribed in Rule ‘Performance Standards for Automatic 23 for a ‘‘Power Driven Vessel Under- Radar Plotting Aids (ARPA).’ ’’ way’’. (2) Each device allowed under para- Tank vessel means a vessel that is graph (c) of this section must have a constructed or adapted to carry; or car- permanently affixed label containing; ries, oil or hazardous materials in bulk as cargo or cargo residue. (i) The name and address of the man- (b) An Automatic Radar Plotting Aid ufacturer; and (ARPA) that complies with the stand- (ii) The following statement: ard for such devices adopted by the ‘‘This device was designed and manu- International Maritime Organization factured to comply with the U.S. Mari- in its ‘‘Operational Standards for Auto- time Administration’s ‘Collision matic Radar Plotting Aids’’ (Appendix Avoidance System Specification.’ ’’ A), and that has both audible and vis-

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APPENDIX A TO § 164.38—PERFORMANCE STAND- manual recording of successive target posi- ARDS FOR AUTOMATIC RADAR PLOTTING AIDS tions obtained from the radar display. (ARPA) 3.3.3 Provided the target is not subject to target swop, the ARPA should continue to 1 Introduction track an acquired target which is clearly dis- 1.1 The Automatic Radar Plotting Aids tinguishable on the display for 5 out of 10 (ARPA) should, in order to improve the consecutive scans. standard of collision avoidance at sea: 3.3.4 The possibility of tracking errors, including target swop, should be minimized by .1 Reduce the work-load of observers by ARPA design. A qualitative description of enabling them to automatically obtain infor- the effects of error sources on the automatic mation so that they can perform as well with tracking and corresponding errors should be multiple targets as they can by manually provided to the user, including the effects of plotting a single target; and low signal to noise and low signal to clutter .2 Provide continuous, accurate and rapid ratios caused by sea returns, rain, snow, low situation evaluation. clouds and non-synchronous emission. 1.2 In addition to the General Require- 3.3.5 The ARPA should be able to display ments for Electronic Navigational Aids on request at least four equally time-spaced ([IMO] Res. A.281(VII)), the ARPA should past positions of any targets being tracked comply with the following minimum per- over a period of at least eight minutes. formance standards. 3.4 Display 3.4.1 The Display may be a separate or in- 2 Definitions tegral part of the ship’s radar. However, the 2.1 Definitions of terms in these perform- ARPA display should include all the data re- ance standards are given in Annex 1. quired to be provided by a radar display in accordance with the performance standards 3 Performance Standards for navigational radar equipment adopted by the Organization. 3.1 Detection 3.4.2 The design should be such that any 3.1.1 Where a separate facility is provided malfunction of ARPA parts producing infor- for detection of targets, other than by the mation additional to information to be pro- radar observer, it should have a performance duced by the radar as required by the per- not inferior to that which could be obtained formance standards for navigational equip- by the use of the radar display. ment adopted by IMO should not affect the 3.2 Acquisition integrity of the basic radar presentation. 3.2.1 Target acquisition may be manual or 3.4.3 The display on which ARPA informa- automatic. However, there should always be tion is presented should have an effective di- a facility to provide for manual acquisition ameter of at least 340 mm. and cancellation. ARPA with automatic ac- 3.4.4 The ARPA facilities should be avail- quisition should have a facility to suppress able on at least the following range scales: acquisition in certain areas. On any range .1 12 or 16 miles; scale where acquisition is suppressed over a .2 3 or 4 miles. certain area, the area of acquisition should be indicated on the display. 3.4.5 There should be a positive indication 3.2.2 Automatic or manual acquisition of the range scale in use. 3.4.6 The ARPA should be capable of oper- should have a performance not inferior to ating with a relative motion display with that which could be obtained by the user of ‘‘north-up’’ and either ‘‘head-up’’ or ‘‘course- the radar display. up’’ azimuth stabilization. In addition, the 3.3 Tracking ARPA may also provide for a true motion 3.3.1 The ARPA should be able to auto- display. If true motion is provided, the oper- matically track, process, simultaneously dis- ator should be able to select for his display play and continuously update the informa- either true or relative motion. There should tion on at least: be a positive indication of the display mode .1 20 targets, if automatic acquisition is and orientation in use. provided, whether automatically or manu- 3.4.7 The course and speed information ally acquired; or generated by the ARPA for acquired targets .2 10 targets, if only manual acquisition is should be displayed in a vector or graphic provided. form which clearly indicates the target’s 3.3.2 If automatic acquisition is provided, predicted motion. In this regard: description of the criteria of selection of tar- .1 ARPA presenting predicted information gets for tracking should be provided to the in vector form only should have the option of user. If the ARPA does not track all targets both true and relative vectors; visible on the display, targets which are .2 An ARPA which is capable of pre- being tracked should be clearly indicated on senting target course and speed information the display. The reliability of tracking in graphic form, should also, on request, pro- should not be less than that obtainable using vide the target’s true and/or relative vector;

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.3 Vectors displayed should be either time target causing the warning should be clearly adjustable or have a fixed time-scale; indicated on the display. .4 A positive indication of the time-scale 3.5.3 The ARPA should clearly indicate if of the vector in use should be given. a tracked target is lost, other than out of 3.4.8 The ARPA information should not range, and the target’s last tracked position obscure radar information in such a manner should be clearly indicated on the display. as to degrade the process of detecting tar- 3.5.4 It should be possible to activate or gets. The display of ARPA data should be de-activate the operational warnings. under the control of the radar observer. It 3.6 Data Requirements should be possible to cancel the display of 3.6.1 At the request of the observer the unwanted ARPA data. following information should be immediately 3.4.9 Means should be provided to adjust available from the ARPA in alphanumeric independently the brilliance of the ARPA form in regard to any tracked target: data and radar data, including complete 1. Present range to the target; elimination of the ARPA data. 2. Present bearing of the target;. 3.4.10 The method of presentation should .3 Predicted target range at the closest ensure that the ARPA data is clearly visible point of approach (CPA); in general to more than one observer in the conditions of light normally experienced on .4 Predicted time to CPA (TCPA); the bridge of a ship by day and by night. .5 Calculated true course of target; Screening may be provided to shade the dis- .6 Calculated true speed of target. play from sunlight but not to the extent that 3.7 Trial Manoeuvre it will impair the observer’s ability to main- 3.7.1 The ARPA should be capable of sim- tain a proper lookout. Facilities to adjust ulating the effect on all tracked targets of the brightness should be provided. an own ship manoeuvre without interrupting 3.4.11 Provisions should be made to obtain the updating of target information. The sim- quickly the range and bearing of any object ulation should be initiated by the depression which appears on the ARPA display. either of a spring-loaded switch, or of a func- 3.4.12 When a target appears on the radar tion key, with a positive identification on display and, in the case of automatic acquisi- the display. tion, enters within the acquisition area cho- 3.8 Accuracy sen by the observer or, in the case of manual 3.8.1 The ARPA should provide accuracies acquisition, has been acquired by the ob- not less than those given in paragraphs 3.8.2 server, the ARPA should present in a period and 3.8.3 for the four scenarios defined in of not more than one minute an indication of Annex 2. With the sensor errors specified in the target’s motion trend and display within Annex 3, the values given relate to the best three minutes the target’s predicted motion possible manual plotting performance under in accordance with paragraphs 3.4.7, 3.6, 3.8.2 environmental conditions of plus and minus and 3.8.3. ten degrees of roll. 3.4.13 After changing range scales on 3.8.2 An ARPA should present within one which the ARPA facilities are available or minute of steady state tracking the relative resetting the display, full plotting informa- motion trend of a target with the following tion should be displayed within a period of accuracy values (95 percent probability val- time not exceeding four scans. ues): 3.5 Operational Warnings 3.5.1 The ARPA should have the capa- Relative Relative bility to warn the observer with a visual and/ Scenario/data course (de- speed CPA (n.m.) or audible signal of any distinguishable tar- grees) (Knots) get which closes to a range or transits a zone 1 ...... 11 2.8 1.6 chosen by the observer. The target causing 2 ...... 7 0.6 ...... the warning should be clearly indicated on 3 ...... 14 2.2 1.8 the display. 4 ...... 15 1.5 2.0 3.5.2 The ARPA should have the capability to warn the observer with a visual and/ 3.8.3 An ARPA should present within or audible signal of any tracked target which three minutes of steady state tracking the is predicted to close to within a minimum motion of a target with the following accu- range and time chosen by the observer. The racy values (95 percent probability values):

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

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

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3.8.4 When a tracked target, or own ship, True motion display—The position of own has completed a manoeuvre, the system ship on such display moves in accordance should present in a period of not more than with its own motion. one minute an indication of the target’s mo- Azimuth stabilization—Own ship’s compass tion trend, and display within three minutes information is fed to the display so that the target’s predicted motion in accordance echoes of targets on the display will not be with paragraphs 3.4.7, 3.6, 3.8.2 and 3.8.3 caused to smear by changes of own ship’s 3.8.5 The ARPA should be designed in heading. such a manner that under the most favorable /North-up—The line connecting the center conditions of own ship motion the error con- with the top of this display is North. tribution from the ARPA should remain in- /Head-up—The line connecting the center significant compared to the errors associated with the top of the display is own ship with the input sensors, for scenarios of heading. Annex 2. /Course-up—An intended course can be set to 3.9 Connections with other equipment the line connecting the center with the top of the display. 3.9.1 The ARPA should not degrade the Heading—The direction in which the bow performance of any equipment providing sen- of a vessel is pointing. Expressed as an angu- sor inputs. The connection of the ARPA to lar distance from North. any other equipment should not degrade the Target’s predicted motion—The indication performance of that equipment. on the display of a liner extrapolation into 3.10 Performance test and warnings the future of a target’s motion, based on 3.10.1 The ARPA should provide suitable measurements of the target’s range and warnings of ARPA malfunction to enable the bearing on the radar in the recent past. observer to monitor the proper operation of Target’s motion trend—An early indica- the system. Additionally test programmes tion of the target’s predicted motion. should be available so that the overall per- Radar Plotting—The whole process of tar- formance of ARPA can be assessed periodi- get detection, tracking, calculation of pa- cally against a known solution. rameters and display of information. 3.11 Equipment used with ARPA Detection—The recognition of the presence 3.11.1 Log and speed indicators providing of a target. inputs to ARPA equipment should be capable Acquisition—The selection of those targets of providing the ship’s speed through the requiring a tracking procedure and the initi- water. ation of their tracking. Tracking—The process of observing the se- ANNEX 1 TO APPENDIX A TO § 164.38—DEFINI- quential changes in the position of a target, TIONS OF TERMS TO BE USED ONLY IN CON- to establish its motion. NECTION WITH ARPA PERFORMANCE STAND- Display—The plan position presentation of ARDS ARPA data with radar data. Relative course—The direction of motion Manual—An activity which a radar ob- of a target related to own ship as deduced server performs, possibly with assistance from a number of measurements of its range from a machine. and bearing on the radar. Expressed as an an- Automatic—An activity which is per- gular distance from North. formed wholly by a machine. Relative speed—The speed of a target re- ANNEX 2 TO APPENDIX A TO § 164.38— lated to own ship, as deduced from a number OPERATIONAL SCENARIOS of measurements of its range and bearing on the radar. For each of the following scenarios pre- True course—The apparent heading of a dictions are made at the target position de- target obtained by the vectorial combination fined after previously tracking for the appro- of the target’s relative motion and ship’s priate time of one or three minutes: 1 own motion . Expressed as an angular dis- Scenario 1 tance from North. True speed—The speed of a target obtained Own ship course—000° by the vectorial combination of its relative Own ship speed—10 kt motion and own ship’s motion 1. Target range—8 n.m. Bearing of target—000° Bearing—The direction of one terrestrial ° point from another. Expressed as an angular Relative course of target—180 Relative speed of target—20 kt distance from North. Relative motion display—The position of Scenario 2 own ship on such a display remains fixed. Own ship course—000° Own ship speed—10 kt 1 For the purpose of these definitions there Target range—1 n.m. is no need to distinguish between sea or Bearing of target—000° ground stabilization. Relative course of target—090°

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Relative speed of target—10 kt Antenna backlash—assumed rectangular distribution giving bearing error ± 0.5 max- Scenario 3 imum. ° Own ship course—000 Quantization Own ship speed—5 kt Target range—8 n.m. Bearing—rectangular distribution ± 0.01° Bearing of target—045° maximum. Relative course of target—225° Range—rectangular distribution ± 0.01 n.m. Relative speed of target—20 kt maximum. Bearing encoder assumed to be running Scenario 4 from a remote synchro giving bearing errors with a normal distribution o = 0.03° Own ship course—000° Own ship speed—25 kt Gyro compass Target range—8 n.m. Calibration error 0.5°. Bearing of target—045° Normal distribution about this with o = Relative course of target—225° 0.12°. Relative speed of target—20 kt Log ANNEX 3 TO APPENDIX A TO § 164.38—SENSOR ERRORS Calibration error 0.5 kt. Normal distribution about this, 3 o = 0.2 The accuracy figures quoted in paragraph kt. 3.8 are based upon the following sensor errors and are appropriate to equipment complying APPENDIX B TO § 164.38—U.S. MARITIME AD- with the Organization’s performance stand- MINISTRATION COLLISION AVOIDANCE SYSTEM ards for shipborne navigational equipment. 2 SPECIFICATION Note: o means ‘‘standard deviation’’ A collision system designed as a supplement to both surface search navigational ra- Radar dars via interswitching shall be installed. Target Glint (Scintillation) (for 200 m The system shall provide unattended moni- length target) toring of all radar echoes and automatic Along length of target o = 30 m. (normal audio and visual alarm signals that will alert distribution) the watch officer of a possible threat. The Across beam of target o = 1 m. (normal dis- display shall be contained within a console tribution) capable of being installed adjacent to the Roll-Pitch Bearing. The bearing error will radar displays in the wheelhouse and may peak in each of the four quadrants around form a part of the bridge console. own ship for targets on relative bearings of Provision for signal input from the ship’s 045°, 135°, 225° and 315° and will be zero at rel- radars, gyro compass, and speed log, without ative bearings of 0°, 90°, 180° and 270°. This modification to these equipments shall be error has a sinusoidal variation at twice the made. The collision avoidance system, roll frequency. For a 10° roll the mean error whether operating normally or having failed, is 0.22° with a 0.22° peak sine wave super- must not introduce any spurious signals or imposed. otherwise degrade the performance of the ra- Beam shape—assumed normal distribution dars, the gyro compass or the speed log. giving bearing error with o = 0.05. Computer generated display data for each Pulse shape— assumed normal distribution acquired target shall be in the form of a line giving range error with o = 20 meters. or vector indicating true or relative target course, speed and both present and extrapo- lated future positions. Data shall be auto- 2 In calculations leading to the accuracy matically displayed on a cathode ray tube or figures quoted in paragraph 3.8, these sensor other suitable display contrivance suffi- error sources and magnitudes were used. ciently bright and unobstructed to permit They were arrived at during discussions with viewing by more than one person at a time. national government agencies and equip- In addition to displaying the collision po- ment manufacturers and are appropriate to tential of the most threatening fixed and equipments complying with the Organiza- moving targets, the system shall be capable tion’s draft performance standards for radar of simultaneously showing land masses. equipment (preliminary) (NAV XXII/WP.14), The system display shall include a heading gyro compasses (NAV XXI/9, Annex X) and indication and bearing ring. The system logs (preliminary) (NAV XXII/WP.15). shall also have the capability of allowing the Independent studies carried out by na- operator to select ‘‘head-up’’ and to cancel tional government agencies and equipment the vector or line presentation of any of the manufacturers have resulted in similar accu- targets. The presentation shall be non- racies, where comparisons were made. smearing when changing modes or display

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scales in order to permit rapid evaluation of (2) In the absence of a building con- the displayed data. tract, the keel of which is laid or which Target acquisition, for display data pur- is at a similar stage of construction on poses, may be manual, automatic or both, as or after January 1, 1980; specified by Owner. (3) The delivery of which occurs on or For any manual acquisition system the after June 1, 1982; or alarms shall be initiated by a preset minimum range; and likewise for any automatic (4) That has undergone a major con- acquisition system the alarms shall be initi- version contracted for on or after June ated by a preset minimum acceptable pass- 1, 1979; or construction of which was ing distance (CPA—Closest Point of Ap- begun on or after January 1, 1980, or proach) and a preset advance warning time completed on or after June 1, 1982. (TCPA—Time to Closest Point of Approach). Public vessel, oil, hazardous materials, Means shall be provided to silence the audio and foreign vessel mean the same as in alarm for a given threat but the alarm shall 46 U.S.C. 2101. resound upon a subsequent threat. The vis- SOLAS 74 means the International ual alarm shall continue to operate until all threats have been eliminated. If the collision Convention for the Safety of Life at avoidance system fails to perform as indi- Sea, 1974, as amended. cated above, after the system is set for unat- Tanker means a self-propelled vessel tended monitoring, the system shall produce defined as a tanker by 46 U.S.C. 2101(38) both audio and visual warning alarms. or as a tank vessel by 46 U.S.C. 2101(39). The system shall be capable of simulating (c) Each tanker constructed on or a trial maneuver. after September 1, 1984, must meet the In addition to the target display, an alpha- applicable requirements of Chapter II– numeric readout shall be provided which can 1, Regulations 29 and 30, of SOLAS 74. present range, bearing, course, speed, CPA (d) Each tanker constructed before and TCPA for any selected target, either on the target display or by other display means. September 1, 1984, must meet the re- The collision avoidance system shall be en- quirements of Chapter II–1, Regulation ergized from the interior communications 29.19, of SOLAS 74. panel board in the wheelhouse. (e) Each tanker of 40,000 gross tons or The collision avoidance function may be more, constructed before September 1, incorporated in an integrated conning sys- 1984, that does not meet the single-fail- tem, provided that failure of any other inte- ure criterion of Chapter II–1, Regula- grated system component will not degrade tion 29.16, of SOLAS 74, must meet the the collision avoidance function. requirements of Chapter II–1, Regula- [CGD 79–148, 45 FR 54039, Aug. 14, 1980; 45 FR tion 29.20, of SOLAS 74. 71800, Oct. 30, 1980, as amended by CGD 83– (f) Each tanker constructed before 004, 49 FR 43467, Oct. 29, 1984; USCG–1998–3799, September 1, 1984, must meet the appli- 63 FR 35532, June 30, 1998] cable requirements of Chapter II–1, Regulations 29.14 and 29.15, of SOLAS § 164.39 Steering gear: Foreign tank- 74. ers. (a) This section applies to each for- [CGD 83–043, 60 FR 24771, May 10, 1995] eign tanker of 10,000 gross tons or § 164.40 Devices to indicate speed and more, except a public vessel, that— distance. (1) Transfers oil at a port or place (a) Each vessel required to be fitted subject to the jurisdiction of the with an Automatic Radar Plotting Aid United States; or (ARPA) under § 164.38 of this part must (2) Otherwise enters or operates in be fitted with a device to indicate the navigable waters of the United speed and distance of the vessel either States, except a vessel described by through the water or over the ground. § 164.02 of this part. (b) The device must meet the fol- (b) Definitions. The terms used in this lowing specifications: section are as follows: (1) The display must be easily read- Constructed means the same as in able on the bridge by day or night. Chapter II–1, Regulations 1.1.2 and (2) Errors in the indicated speed, 1.1.3.1, of SOLAS 74. when the vessel is operating free from Existing tanker means a tanker— shallow water effect, and from the ef- (1) For which the building contract is fects of wind, current, and tide, should placed on or after June 1, 1979; not exceed 5 percent of the speed of the

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vessel, or 0.5 knot, whichever is great- After reviewing the application, the er. Commandant may request additional (3) Errors in the indicated distance information to establish whether or run, when the vessel is operating free not the device meets the intent of the from shallow water effect, and from the Federal Radionavigation Plan. effects of wind, current, and tide, NOTE: The Federal Radionavigation Plan is should not exceed 5 percent of the dis- available from the National Technical Infor- tance run of the vessel in one hour or mation Service, Springfield, Va. 22161, with 0.5 nautical mile in each hour, which- the following Government Accession Num- ever is greater. bers: Vol 1, ADA 116468 [CGD 83–004, 49 FR 43467, Oct. 29, 1984, as Vol 2, ADA 116469 amended by USCG–1998–3799, 63 FR 35532, Vol 3, ADA 116470 June 30, 1998] Vol 4, ADA 116471 § 164.41 Electronic position fixing de- (b) Each label required under para- vices. graph (a)(1) of this section must show (a) Each vessel calling at a port in the following: the continental United States, includ- (1) The name and address of the man- ing Alaska south of Cape Prince of ufacturer. Wales, except each vessel owned or (2) The following statement by the bareboat chartered and operated by the manufacturer: This receiver was designed and manu- United States, or by a state or its po- factured to meet Part 2 (Minimum Per- litical subdivision, or by a foreign na- formance Standards) of the RTCM MPS tion, and not engaged in commerce, for Marine Loran-C Receiving Equip- must have one of the following: ment. (1) A Type I or II LORAN C receiver as defined in Section 1.2(e), meeting (Sec. 12, 92 Stat. 1477 (33 U.S.C. 1231); 49 CFR Part 2 (Minimum Performance Stand- 1.46(n)(4)) ards) of the Radio Technical Commis- [CGD 81–081, 47 FR 58244, Dec. 30, 1982, as sion for Marine Services (RTCM) Paper amended by CGD 88–052, 53 FR 25122, July 1, 12–78/DO–100 dated December 20, 1977, 1988; CGD 96–026, 61 FR 33669, June 28, 1996; entitled ‘‘Minimum Performance CGD 97–023, 62 FR 33365, June 19, 1997; USCG– Standards (MPS) Marine Loran-C Re- 1998–3799, 63 FR 35532, June 30, 1998; USCG– ceiving Equipment’’. Each receiver in- 2010–0351, 75 FR 36287, June 25, 2010] stalled must be labeled with the infor- § 164.42 Rate of turn indicator. mation required under paragraph (b) of this section. Each vessel of 100,000 gross tons or (2) A satellite navigation receiver more constructed on or after Sep- with: tember 1, 1984 shall be fitted with a (i) Automatic acquisition of satellite rate of turn indicator. signals after initial operator settings [CGD 83–004, 49 FR 43468, Oct. 29, 1984] have been entered; and (ii) Position updates derived from § 164.43 Automatic Identification Sys- satellite information during each usa- tem Shipborne Equipment—Prince ble satellite pass. William Sound. (3) A system that is found by the (a) Until December 31, 2004, each ves- Commandant to meet the intent of the sel required to provide automated posi- statements of availability, coverage, tion reports to a Vessel Traffic Service and accuracy for the U.S. Coastal Con- (VTS) under § 165.1704 of this sub- fluence Zone (CCZ) contained in the chapter must do so by an installed U.S. ‘‘Federal Radionavigation Plan’’ Automatic Identification System Ship- (Report No. DOD-NO 4650.4-P, I or No. borne Equipment (AISSE) system con- DOT-TSC-RSPA-80-16, I). A person de- sisting of a: siring a finding by the Commandant (1) Twelve-channel all-in-view Dif- under this subparagraph must submit a ferential Global Positioning System written application describing the de- (dGPS) receiver; vice to the Assistant Commandant for (2) Marine band Non-Directional Bea- Operations, (CG–3), 2100 2nd St. SW., con receiver capable of receiving dGPS Stop 7238, Washington, DC 20593–7238. error correction messages;

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(3) VHF—FM transceiver capable of (c) An AISSE is considered non-oper- Digital Selective Calling (DSC) on the ational if it fails to meet the require- designated DSC frequency; and ments of paragraph (b) of this section. (4) Control unit. NOTE: Vessel Traffic Service (VTS) areas (b) An AISSE must have the fol- and operating procedures are set forth in lowing capabilities: part 161 of this chapter. (1) Use dGPS to sense the position of [CGD 90–020, 59 FR 36334, July 15, 1994, as the vessel and determine the time of amended by CGD 97–023, 62 FR 33365, June 19, the position using Universal Coordi- 1997; USCG–2003–14757, 68 FR 39367, July 1, nated Time (UTC); 2003; 68 FR 60569, Oct. 22, 2003] (2) Fully use the broadcast type 1, 2, 3, 5, 6, 7, 9, and 16 messages, as specified § 164.46 Automatic Identification Sys- in RTCM Recommended Standards for tem (AIS). Differential NAVSTAR GPS Service in (a) The following vessels must have a determining the required information; properly installed, operational, type (3) Achieve a position error which is approved AIS as of the date specified: less than ten meters (32.8 feet) 2 dis- (1) Self-propelled vessels of 65 feet or tance root mean square (2 drms) from more in length, other than passenger the true North American Datum of 1983 and fishing vessels, in commercial (NAD 83) in the position information service and on an international voyage, transmitted to a VTS; not later than December 31, 2004. (4) Achieve a course error of less than (2) Notwithstanding paragraph (a)(1) 0.5 degrees from true course over of this section, the following, self-pro- ground in the course information pelled vessels, that are on an inter- transmitted to a VTS; national voyage must also comply with (5) Achieve a speed error of less than SOLAS, as amended, Chapter V, regu- 0.05 knots from true speed over ground lation 19.2.1.6, 19.2.4, and 19.2.3.5 or in the speed information transmitted 19.2.5.1 as appropriate (Incorporated by to a VTS; reference, see § 164.03): (6) Receive and comply with com- (i) Passenger vessels, of 150 gross ton- mands broadcast from a VTS as DSC nage or more, not later than July 1, messages on the designated DSC fre- 2003; quency; (ii) Tankers, regardless of tonnage, (7) Receive and comply with RTCM not later than the first safety survey messages broadcast as minimum shift for safety equipment on or after July 1, keying modulated medium frequency 2003; signals in the marine radiobeacon (iii) Vessels, other than passenger band, and supply the messages to the vessels or tankers, of 50,000 gross ton- dGPS receiver; nage or more, not later than July 1, (8) Transmit the vessel’s position, 2004; and tagged with the UTC at position solu- (iv) Vessels, other than passenger tion, course over ground, speed over vessels or tankers, of 300 gross tonnage ground, and Lloyd’s identification or more but less than 50,000 gross ton- number to a VTS; nage, not later than the first safety (9) Display a visual alarm to indicate survey for safety equipment on or after to shipboard personnel when a failure July 1, 2004, but no later than Decem- to receive or utilize the RTCM mes- ber 31, 2004. sages occurs; (3) Notwithstanding paragraphs (a)(1) (10) Display a separate visual alarm and (a)(2) of this section, the following which is triggered by a VTS utilizing a vessels, when navigating an area de- DSC message to indicate to shipboard noted in table 161.12(c) of § 161.12 of this personnel that the U.S. Coast Guard chapter, not later than December 31, dGPS system cannot provide the re- 2004: quired error correction messages; and (i) Self-propelled vessels of 65 feet or (11) Display two RTCM type 16 mes- more in length, other than fishing ves- sages, one of which must display the sels and passenger vessels certificated position error in the position error to carry less than 151 passengers-for- broadcast. hire, in commercial service;

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(ii) Towing vessels of 26 feet or more § 164.53 Deviations from rules and re- in length and more than 600 horse- porting: Non-operating equipment. power, in commercial service; (a) If during a voyage any equipment (iii) Passenger vessels certificated to required by this part stops operating carry more than 150 passengers-for- properly, the person directing the hire. movement of the vessel may continue NOTE TO § 164.46(a): ‘‘Properly installed’’ re- to the next port of call, subject to the fers to an installation using the guidelines directions of the District Commander set forth in IMO SN/Circ.227 (incorporated by or the Captain of the Port, as provided reference, see § 164.03). Not all AIS units are by part 160 of this chapter. able to broadcast position, course, and speed without the input of an external positioning (b) If the vessel’s radar, radio naviga- device (e.g. dGPS); the use of other external tion receivers, gyrocompass, echo devices (e.g. transmitting heading device, depth sounding device, or primary gyro, rate of turn indicator) is highly rec- steering gear stops operating properly, ommended, however, not required except as the person directing the movement of stated in § 164.46(a)(2). ‘‘Type approved’’ re- the vessel must report or cause to be fers to an approval by an IMO recognized Ad- reported that it is not operating prop- ministration as to comply with IMO Resolu- tion MSC.74(69), ITU-R Recommendation erly to the nearest Captain of the Port, M.1371–1, and IEC 61993–2 (Incorporated by District Commander, or, if partici- reference, see § 164.03). ‘‘Length’’ refers to pating in a Vessel Traffic Service, to ‘‘registered length’’ as defined in 46 CFR part the Vessel Traffic Center, as soon as 69. ‘‘Gross tonnage’’ refers to tonnage as de- possible. fined under the International Convention on Tonnage Measurement of Ships, 1969. (Sec. 2, Pub. L. 95–474, 92 Stat. 1471 (33 U.S.C. 1221); 49 CFR 1.46(n)(4)) (b) The requirements for Vessel Bridge-to-Bridge radiotelephones in [CGD 74–77, 42 FR 5956, Jan. 31, 1977] §§ 26.04(a) and (c), 26.05, 26.06 and 26.07 of EDITORIAL NOTE: For FEDERAL REGISTER ci- this chapter also apply to AIS. The tations affecting § 164.53, see the List of CFR term ‘‘effective operating condition’’ Sections Affected, which appears in the used in § 26.06 of this chapter includes Finding Aids section of the printed volume accurate input and upkeep of AIS data and on GPO Access. fields. (c) The use of a portable AIS is per- § 164.55 Deviations from rules: Con- missible only to the extent that elec- tinuing operation or period of time. tromagnetic interference does not af- The Captain of the Port, upon writ- fect the proper function of existing ten application, may authorize a devi- navigation and communication equip- ation from any rule in this part if he ment on board and such that only one determines that the deviation does not AIS unit may be in operation at any impair the safe navigation of the vessel one time. under anticipated conditions and will (d) The AIS Pilot Plug, on each ves- not result in a violation of the rules for sel over 1,600 gross tons on an inter- preventing collisions at sea. The au- national voyage, must be available for thorization may be issued for vessels pilot use, easily accessible from the operating in the waters under the juris- primary conning position of the vessel, diction of the Captain of the Port for and near a 120 Volt, AC power, 3-prong any continuing operation or period of receptacle. time the Captain of the Port specifies. [USCG–2003–14757, 68 FR 60569, Oct. 22, 2003] [CGD 74–77, 42 FR 5956, Jan. 31, 1977]

§ 164.51 Deviations from rules: Emer- § 164.61 Marine casualty reporting and gency. record retention. Except for the requirements of When a vessel is involved in a marine § 164.53(b), in an emergency, any person casualty as defined in 46 CFR 4.03–1, may deviate from any rule in this part the master or person in charge of the to the extent necessary to avoid endan- vessel shall: gering persons, property, or the envi- (a) Ensure compliance with 46 CFR ronment. Subpart 4.05, ‘‘Notice of Marine Cas- [CGD 74–77, 42 FR 5956, Jan. 31, 1977] ualty and Voyage Records;’’ and

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(b) Ensure that the voyage records alongside, or any combination of pull- required by 46 CFR 4.05–15 are retained ing, pushing, or hauling alongside. for: Western Rivers means the Mississippi (1) 30 days after the casualty if the River, its tributaries, South Pass, and vessel remains in the navigable waters Southwest Pass, to the navigational- of the United States; or demarcation lines dividing the high (2) 30 days after the return of the ves- seas from harbors, rivers, and other in- sel to a United States port if the vessel land waters of the United States, and departs the navigable waters of the the Port Allen-Morgan City Alter- United States within 30 days after the native Route, and that part of the marine casualty. Atchafalaya River above its junction [CGD 74–77, 42 FR 5956, Jan. 31, 1977] with the Port Allen-Morgan City Alter- native Route including the Old River § 164.70 Definitions. and the Red River and those waters For purposes of §§ 164.72 through specified by §§ 89.25 and 89.27 of this 164.82, the term— chapter, and such other, similar waters Current edition means the most recent as are designated by the COTP. published version of a publication, [CGD 94–020, 61 FR 35072, July 3, 1996, as chart, or map required by § 164.72. amended by USCG–2006–24371, 74 FR 11213, Currently corrected edition means a Mar. 16, 2009] current or previous edition of a publication required by § 164.72, corrected § 164.72 Navigational-safety equip- with changes that come from Notices ment, charts or maps, and publica- to Mariners (NTMs) or Notices to Navi- tions required on towing vessels. gation reasonably available and that (a) Except as provided by § 164.01(b), apply to the vessel’s transit. Hand-an- each towing vessel must be equipped notated river maps from the U.S. Army with the following navigational-safety Corps of Engineers (ACOE) are cur- equipment: rently corrected editions if issued with- (1) Marine radar. By August 2, 1997, a in the previous 5 years. marine radar that meets the following Great Lakes means the Great Lakes applicable requirements: and their connecting and tributary wa- (i) For a vessel of less than 300 tons ters including the Calumet River as far gross tonnage that engages in towing as the Thomas J. O’Brien Lock and on navigable waters of the U.S., includ- Controlling Works (between miles 326 ing Western Rivers, the radar must and 327), the Chicago River as far as meet— the east side of the Ashland Avenue (A) The requirements of the Federal Bridge (between miles 321 and 322), and Communications Commission (FCC) the Saint Lawrence River as far east as specified by 47 CFR part 80; and the lower exit of Saint Lambert Lock. (B) RTCM Standard for Marine Radar Merchant mariner credential or MMC Equipment Installed on Ships of Less means the credential issued by the Than 300 Tons Gross Tonnage, RTCM Coast Guard under 46 CFR part 10. It Paper 71–95/SC112–STD, Version 1.1, dis- combines the individual merchant play Category II and stabilization Cat- mariner’s document, license, and cer- egory Bravo. tificate of registry enumerated in 46 (ii) For a vessel of less than 300 tons U.S.C. subtitle II part E as well as the gross tonnage that engages in towing STCW endorsement into a single cre- seaward of navigable waters of the U.S. dential that serves as the mariner’s or more than three nautical miles from qualification document, certificate of shore on the Great Lakes, the radar identification, and certificate of serv- must meet— ice. (A) The requirements of the FCC Swing-meter means an electronic or specified by 47 CFR part 80; and electric device that indicates the rate (B) RTCM Standard for Marine Radar of turn of the vessel on board which it Equipment Installed on Ships of Less is installed. Than 300 Tons Gross Tonnage, RTCM Towing vessel means a commercial Paper 71–95/SC112–STD, Version 1.1, dis- vessel engaged in or intending to en- play Category I and stabilization Cat- gage in pulling, pushing or hauling egory Alpha.

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(iii) For a vessel of 300 tons gross ton- ship-radio-station license for radio nage or more that engages in towing on transmitters (including radar and navigable waters of the U.S., including EPIRBs), and each operator must hold Western rivers, the radar must meet— a restricted operator’s license or high- (A) The requirements of the Federal er. To get an application for either li- Communications Commission (FCC) cense, call (800) 418–FORM or (202) 418– specified by 47 CFR part 80; and FORM, or write to the FCC; Wireless (B) RTCM Recommended Standards Bureau, Licensing Division; 1270 Fair- for Marine Radar Equipment Installed field Road; Gettysburg, PA 17325–7245.) on Ships of 300 Tons Gross Tonnage and (4) Magnetic compass. Either— Upwards, RTCM Paper 191–93/SC112–X, (i) An illuminated swing-meter or an Version 1.2 except the requirements for illuminated card-type magnetic steer- azimuth stabilization in paragraph 3.10. ing compass readable from the vessel’s (iv) For a vessel of 300 tons gross ton- main steering station, if the vessel en- nage or more that engages in towing gages in towing exclusively on Western seaward of navigable waters of the U.S. Rivers; or or more than three nautical miles from (ii) An illuminated card-type mag- shore on the Great Lakes, the radar netic steering compass readable from must meet— the vessel’s main steering station. (A) The requirements of the FCC (5) Echo depth-sounding device. By Au- specified by 47 CFR Part 80; and gust 2, 2001, an echo depth-sounding de- (B) RTCM Recommended Standards vice readable from the vessel’s main for Marine Radar Equipment Installed steering station, unless the vessel en- on Ships of 300 Tons Gross Tonnage and gages in towing exclusively on Western Upwards, RTCM Paper 191–93/SC112–X, Rivers. Version 1.2. (6) Electronic position-fixing device. An (v) A towing vessel with an existing electronic position-fixing device, either radar must meet the applicable re- a LORAN-C receiver or a satellite navi- quirements of paragraphs (a)(1) (i) gational system such as the Global Po- through (iv) of this section by August sitioning System (GPS) as required by 2, 1998; except that a towing vessel with § 164.41, if the vessel engages in towing an existing radar must meet the dis- seaward of navigable waters of the U.S. play and stabilization requirements of or more than three nautical miles from paragraph (a)(1)(ii)(B) of this section shore on the Great Lakes. by August 2, 2001. (b) Each towing vessel must carry on (2) Searchlight. A searchlight, directable from the vessel’s main steer- board and maintain the following: ing station and capable of illuminating (1) Charts or maps. Marine charts or objects at a distance of at least two maps of the areas to be transited, pub- times the length of the tow. lished by the National Ocean Service (3) VHF-FM radio. An installation or (NOS), the ACOE, or a river authority multiple installations of VHF-FM ra- that satisfy the following require- dios as prescribed by part 26 of this ments: chapter and 47 CFR part 80, to main- (i) The charts or maps must be of a tain a continuous listening watch on large enough scale and have enough de- the designated calling channel, VHF- tail to make safe navigation of the FM Channel 13 (except on portions of areas possible. the Lower Mississippi River, where (ii) The charts or maps must be ei- VHF-FM Channel 67 is the designated ther— calling channel), and to separately (A) Current editions or currently cor- monitor the International Distress and rected editions, if the vessel engages in Calling Channel, VHF-FM Channel 16, towing exclusively on navigable waters except when transmitting or receiving of the U.S., including Western Rivers; traffic on other VHF-FM channels or or when participating in a Vessel Traffic (B) Currently corrected editions, if Service (VTS) or monitoring a channel the vessel engages in towing seaward of of a VTS. (Each U.S. towing vessel of 26 navigable waters of the U.S. or more feet (about 8 meters) or more in length, than three nautical miles from shore except a public vessel, must hold a on the Great Lakes.

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(iii) The charts or maps may be, in- (C) River-current tables published by stead of charts or maps required by the ACOE or a river authority, if avail- paragraphs (b)(1) (i) and (ii) of this sec- able. tion, currently corrected marine charts (ii) If the vessel is engaged other or maps, or applicable extracts, pub- than in towing exclusively on Western lished by a foreign government. These Rivers— charts or maps, or applicable extracts, (A) Coast Guard Light List; must contain information similar to (B) Notices to Mariners published by that on the charts or maps required by paragraphs (b)(1) (i) and (ii) of this sec- the National Imagery and Mapping tion, be of large enough scale, and have Agency, or LNMs published by the enough detail to make safe navigation Coast Guard; of the areas possible, and must be cur- (C) Tidal-current tables published by rently corrected. private entities using data provided by (2) General publications. A currently the NOS, or river-current tables pub- corrected edition of, or an applicable lished by the ACOE or a river author- currently corrected extract from, each ity: of the following publications for the (D) Tide tables published by private area to be transited: entities using data provided by the (i) If the vessel is engaged in towing NOS; and exclusively on Western Rivers— (E) U.S. Coast Pilot. (A) U.S. Coast Guard Light List; (c) Table 164.72, following, summa- (B) Applicable Notices to Navigation rizes the navigational-safety equip- published by the ACOE, or Local No- tices to Mariners (LNMs) published by ment, charts or maps, and publications the Coast Guard, for the area to be required for towing vessels of 12 meters transited, when available; and or more in length engaged in towing:

TABLE 164.72—EQUIPMENT, CHARTS OR MAPS, AND PUBLICATIONS FOR TOWING VESSELS OF 12 METERS OR MORE IN LENGTH

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

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

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

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[CGD 94–020, 61 FR 35073, July 3, 1996, as amended by CGD 97–034, 62 FR 40272, July 28, 1997; USCG–1999–5832, 64 FR 34715, June 29, 1999; USCG–2001–9286, 66 FR 33641, June 25, 2001; USCG– 2010–0351, 75 FR 36287, June 25, 2010]

§ 164.74 Towline and terminal gear for 3, Standard Test Methods for Fiber towing astern. Rope Including Standard Termi- (a) Towline. The owner, master, or op- nations; erator of each vessel towing astern (ii) If the towline is purchased from shall ensure that the strength of each another owner, master, or operator of a towline is adequate for its intended vessel with the intent to use it as a service, considering at least the fol- towline or if it is retested for any rea- lowing factors: son, keeping on board the towing vessel (1) The size and material of each tow- or in company files of a record of each line must be— retest of the towline’s minimum break- (i) Appropriate for the horsepower or ing strength as determined by a class bollard pull of the vessel; society authorized in § 157.04 of this (ii) Appropriate for the static loads chapter or by a tensile test that meets and dynamic loads expected during the API Specification 9A, Section 3; ASTM intended service; D 4268 (incorporated by reference, see (iii) Appropriate for the sea condi- § 164.03) or Cordage Institute CIA 3, tions expected during the intended Standard Test Methods; service; (iii) Conducting visual inspections of (iv) Appropriate for exposure to the the towline in accordance with the marine environment and to any chemi- manufacturer’s recommendations, or cals used or carried on board the ves- at least monthly, and whenever the sel; serviceability of the towline is in doubt (v) Appropriate for the temperatures (the inspections being conducted by the of normal stowage and service on board owner, master, or operator, or by a per- the vessel; son on whom the owner, master, or op- (vi) Compatible with associated navi- erator confers the responsibility to gational-safety equipment; and take corrective measures appropriate (vii) Appropriate for the likelihood of for the use of the towline); mechanical damage. (iv) Evaluating the serviceability of (2) Each towline as rigged must be— the whole towline or any part of the (i) Free of knots; towline, and removing the whole or (ii) Spliced with a thimble, or have a part from service either as rec- poured socket at its end; and ommended by the manufacturer or a (iii) Free of wire clips except for tem- class society authorized in § 157.04 of porary repair, for which the towline this chapter or in accordance with a re- must have a thimble and either five placement schedule developed by the wire clips or as many wire clips as the owner, master, or operator that ac- manufacturer specifies for the nominal counts for at least the— diameter and construction of the tow- (A) Nautical miles on, or time in line, whichever is more. service of, the towline; (3) The condition of each towline (B) Operating conditions experienced must be monitored through the— by the towline; (i) Keeping on board the towing ves- (C) History of loading of the towline; sel or in company files of a record of (D) Surface condition, including cor- the towline’s initial minimum break- rosion and discoloration, of the towing strength as determined by the man- line; ufacturer, by a classification (‘‘class’’) (E) Amount of visible damage to the society authorized in § 157.04 of this towline; chapter, or by a tensile test that meets (F) Amount of material deterioration API Specification 9A, Specification for indicated by measurements of diameter Wire Rope, Section 3; ASTM D 4268 (in- and, if applicable, measurements of lay corporated by reference, see § 164.03), extension of the towline; and Standard Test Method for Testing (G) Point at which a tensile test Fiber Ropes; or Cordage Institute CIA proves the minimum breaking strength

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of the towline inadequate by the stand- § 164.76 Towline and terminal gear for ards of paragraph (a)(1) of this section, towing alongside and pushing if necessary; and ahead. (v) Keeping on board the towing ves- The owner, master, or operator of sel or in company files of a record of each vessel towing alongside or push- the material condition of the towline ing ahead shall ensure that the face when inspected under paragraphs wires, spring lines, and push gear (a)(3)(iii) and (iv) of this section. Once used— this record lapses for three months or (a) Are appropriate for the vessel’s more, except when a vessel is laid up or horsepower; out of service or has not deployed its (b) Are appropriate for the arrange- towline, the owner, master, or operator ment of the tow; shall retest the towline or remove it (c) Are frequently inspected; and from service. (d) Remain serviceable. (b) Terminal gear. The owner, master, [CGD 94–020, 61 FR 35075, July 3, 1996] or operator of each vessel towing astern shall ensure that the gear used § 164.78 Navigation under way: Towing to control, protect, and connect each vessels. towline meets the following criteria: (a) The owner, master, or operator of (1) The material and size of the ter- each vessel towing shall ensure that minal gear are appropriate for the each person directing and controlling strength and anticipated loading of the the movement of the vessel— towline and for the environment; (1) Understands the arrangement of (2) Each connection is secured by at the tow and the effects of maneuvering least one nut with at least one cotter on the vessel towing and on the vessel, pin or other means of preventing its barge, or object being towed; failure; (2) Can fix the position of the vessel using installed navigational equip- (3) The lead of the towline is appro- ment, aids to navigation, geographic priate to prevent sharp bends in the reference-points, and hydrographic towline from fairlead blocks, chocks, contours; or tackle; (3) Does not fix the position of the (4) There is provided a method, vessel using buoys alone (Buoys are whether mechanical or non-mechan- aids to navigation placed in approxi- ical, that does not endanger operating mate positions either to alert mariners personnel but that easily releases the to hazards to navigation or to indicate towline; the orientation of a channel. They may (5) The towline is protected from ab- not maintain exact charted positions, rasion or chafing by chafing gear, lag- because strong or varying currents, ging, or other means; heavy seas, ice, and collisions with ves- (6) Except on board a vessel towing in sels can move or sink them or set them ice on Western Rivers or one using a adrift. Although they may corroborate towline of synthetic or natural fiber, a position fixed by other means, they there is fitted a winch that evenly cannot fix a position; however, if no spools and tightly winds the towline; other aids are available, buoys alone and may establish an estimated position.); (4) Evaluates the danger of each clos- (7) If a winch is fitted, there is ating visual or radar contact; tached to the main drum a brake that (5) Knows and applies the variation has holding power appropriate for the and deviation, where a magnetic com- horsepower or bollard pull of the vessel pass is fitted and where charts or maps and can be operated without power to have enough detail to enable this type the winch. of correction; [CGD 94–020, 61 FR 35074, July 3, 1996, as (6) Knows the speed and direction of amended by USCG–1999–5151, 64 FR 67176, the current, and the set, drift, and Dec. 1, 1999] tidal state for the area to be transited; (7) Proceeds at a safe speed taking into account the weather, visibility,

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density of traffic, draft of tow, possi- (1) Navigational equipment. Tests of bility of wake damage, speed and direc- onboard equipment as required by tion of the current, and local speed- § 164.25. limits; and (2) Terminal gear. Visual inspection of (8) Monitors the voyage plan required tackle; of connections of bridle and by § 164.80. towing pendant, if applicable; of chaf- (b) The owner, master, or operator of ing gear; and of the winch brake, if in- each vessel towing shall ensure that stalled. the tests and inspections required by (c)(1) The voyage-planning require- § 164.80 are conducted and that the re- ments outlined in this section do not sults are entered in the log or other apply to you if your towing vessel is— record carried on board. (i) Used solely for any of the fol- [CGD 94–020, 61 FR 35075, July 3, 1996, as lowing services or any combination of amended by USCG–2000–6931, 68 FR 22610, these services— Apr. 29, 2003; 69 FR 34068, June 18, 2004] (A) Within a limited geographic area, such as a fleeting-area for barges or a § 164.80 Tests, inspections, and voyage commercial facility, and used for re- planning. stricted service, such as making up or (a) The owner, master, or operator of breaking up larger tows; each towing vessel of less than 1,600 GT (B) For harbor-assist; shall ensure that the following tests (C) For assistance towing as defined and inspections of gear occur before by 46 CFR 10.103; the vessel embarks on a voyage of more (D) For response to emergency or pol- than 24 hours or when each new master lution; or operator assumes command: (ii) A public vessel that is both (1) Steering-systems. A test of the owned, or demise chartered, and oper- steering-gear-control system; a test of ated by the United States Government the main steering gear from the alter- or by a government of a foreign coun- native power supply, if installed; a try; and that is not engaged in com- verification of the rudder-angle indi- mercial service; cator relative to the actual position of (iii) A foreign vessel engaged in inno- the rudder; and a visual inspection of cent passage; or the steering gear and its linkage. (iv) Exempted by the Captain of the (2) Navigational equipment. A test of Port (COTP). all installed navigational equipment. (2) If you think your towing vessel (3) Communications. Operation of all should be exempt from these voyage internal vessel control communica- planning requirements for a specified tions and vessel-control alarms, if in- route, you should submit a written re- stalled. quest to the appropriate COTP. The (4) Lights. Operation of all naviga- COTP will provide you with a written tional lights and all searchlights. response granting or denying your re- (5) Terminal gear. Visual inspection of quest. tackle; of connections of bridle and (3) If any part of a towing vessel’s in- towing pendant, if applicable; of chaf- tended voyage is seaward of the base- ing gear; and of the winch brake, if in- line (i.e., the shoreward boundary) of stalled. the territorial sea of the U.S., then the (6) Propulsion systems. Visual inspec- owner, master, or operator of the ves- tion of the spaces for main propulsion sel, employed to tow a barge or barges, machinery, of machinery, and of de- must ensure that the voyage with the vices for monitoring machinery. barge or barges is planned, taking into (b) The owner, master, or operator of account all pertinent information be- each towing vessel of 1,600 GT or more fore the vessel embarks on the voyage. shall ensure that the following tests of The master must check the planned equipment occur at the frequency re- route for proximity to hazards before quired by § 164.25 and that the following the voyage begins. During a voyage, if inspections of gear occur before the a decision is made to deviate substan- vessel embarks on a voyage of more tially from the planned route, then the than 24 hours or when each new master master or mate must plan the new or operator assumes command: route before deviating from the

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planned route. The voyage plan must does it constitute unseaworthiness; nor follow company policy and consider the does it obligate an owner, master, or following (related requirements noted operator to moor or anchor the vessel. in parentheses): However, the owner, master, or oper- (i) Applicable information from nau- ator shall consider the state of the tical charts and publications (also see equipment—along with such factors as paragraph (b) of section 164.72), includ- weather, visibility, traffic, and the dic- ing Coast Pilot, Coast Guard Light tates of good seamanship—in deciding List, and Coast Guard Local Notice to whether it is safe for the vessel to pro- Mariners for the port of departure, all ceed. ports of call, and the destination; (c) Reporting. The owner, master, or (ii) Current and forecast weather, in- operator of each towing vessel whose cluding visibility, wind, and sea state equipment is inoperative or otherwise for the port of departure, all ports of impaired while the vessel is operating call, and the destination (also see paragraphs (a)(7) of section 164.78 and (b) of within a Vessel Traffic Service (VTS) section 164.82); Area shall report the fact as required (iii) Data on tides and currents for by 33 CFR 161.124. (33 CFR 161.124 re- the port of departure, all ports of call, quires that each user of a VTS report and the destination, and the river to the Vessel Traffic Center as soon as stages and forecast, if appropriate; practicable: (iv) Forward and after drafts of the (1) Any absence or malfunction of barge or barges and under-keel and vessel-operating equipment for naviga- vertical clearances (air-gaps) for all tional safety, such as propulsion ma- bridges, ports, and berthing areas; chinery, steering gear, radar, gyro- (v) Pre-departure checklists; compass, echo depth-sounding or other (vi) Calculated speed and estimated sounding device, automatic dependent time of arrival at proposed waypoints; surveillance equipment, or naviga- (vii) Communication contacts at any tional lighting; Vessel Traffic Services, bridges, and fa- (2) Any condition on board the vessel cilities, and any port-specific require- likely to impair navigation, such as ments for VHF radio; shortage of personnel or lack of cur- (viii) Any master’s or operator’s rent nautical charts or maps, or publi- standing orders detailing closest points cations; and of approach, special conditions, and (3) Any characteristics of the vessel critical maneuvers; and that affect or restrict the maneuver- (ix) Whether the towing vessel has sufficient power to control the tow ability of the vessel, such as arrange- under all foreseeable circumstances. ment of cargo, trim, loaded condition, under-keel clearance, and speed.) [CGD 94–020, 61 FR 35075, July 3, 1996, as (d) Deviation and authorization. The amended by USCG–2000–6931, 68 FR 22610, owner, master, or operator of each tow- Apr. 29, 2003; 69 FR 34068, June 18, 2004] ing vessel unable to repair within 96 § 164.82 Maintenance, failure, and re- hours an inoperative marine radar reporting. quired by § 164.72(a) shall so notify the (a) Maintenance. The owner, master, Captain of the Port (COTP) and shall or operator of each towing vessel shall seek from the COTP both a deviation maintain operative the navigational- from the requirements of this section safety equipment required by § 164.72. and an authorization for continued op- (b) Failure. If any of the navigational- eration in the area to be transited. safety equipment required by § 164.72 Failure of redundant navigational-safe- fails during a voyage, the owner, mas- ty equipment, including but not lim- ter, or operator of the towing vessel ited to failure of one of two installed shall exercise due diligence to repair it radars, where each satisfies § 164.72(a), at the earliest practicable time. He or does not necessitate either a deviation she shall enter its failure in the log or or an authorization. other record carried on board. The fail- (1) The initial notice and request for ure of equipment, in itself, does not a deviation and an authorization may constitute a violation of this rule; nor be spoken, but the request must also be

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written. The written request must ex- 165.T01–0315 Safety zones; Marine Events plain why immediate repair is imprac- within the Captain of the Port Sector ticable, and state when and by whom Northern New England Area of Responsi- the repair will be made. bility, July through September. 165.T01–0519 Safety zone; ship repair in Pe- (2) The COTP, upon receiving even a nobscot Bay, ME. spoken request, may grant a deviation 165.T01–0542 Safety zones: Neptune Deep- and an authorization from any of the water Port, Atlantic Ocean, Boston, MA. provisions of §§ 164.70 through 164.82 for 165.100 Regulated Navigation Area: Navi- a specified time if he or she decides gable waters within the First Coast that they would not impair the safe Guard District. navigation of the vessel under antici- 165.101 Kittery, Maine—regulated naviga- pated conditions. tion area. 165.102 Security Zone: Walkers Point, [CGD 94–020, 61 FR 35075, July 3, 1996] Kennebunkport, ME. 165.103 Safety and Security Zones; LPG Vessel Transits in Portland, Maine, Cap- PART 165—REGULATED NAVIGA- tain of the Port Zone, Portsmouth Har- TION AREAS AND LIMITED AC- bor, Portsmouth, New Hampshire. CESS AREAS 165.104 Safety Zone: Vessel Launches, Bath Iron Works, Kennebec River, Bath, Subpart A—General Maine. 165.105 Security Zones; Passenger Vessels, Sec. Portland, Maine, Captain of the Port 165.1 Purpose of part. Zone. 165.3 Definitions. 165.106 Security Zone: Seabrook Nuclear 165.5 Establishment procedures. Power Plant, Seabrook, New Hampshire. 165.7 Notification. 165.110 Safety and Security Zone; Liquefied 165.8 Geographic coordinates. Natural Gas Carrier Transits and An- 165.9 Geographic application of limited and chorage Operations, Boston, Massachu- controlled access areas and regulated setts. navigation areas. 165.111 Safety Zone: Boston Harbor, Boston, Massachusetts. Subpart B—Regulated Navigation Areas 165.112 Safety Zone: USS CASSIN YOUNG, Boston, Massachusetts. 165.10 Regulated navigation areas. 165.113 Security Zone: Dignitary arrival/de- 165.11 Vessel operating requirements (regu- parture Logan International Airport, lations). Boston, MA. 165.13 General regulations. 165.114 Safety and Security Zones: Escorted Vessels—Boston Harbor, Massachusetts. Subpart C—Safety Zones 165.115 Safety and Security Zones; Pilgrim Nuclear Power Plant, Plymouth, Massa- 165.20 Safety zones. chusetts. 165.23 General regulations 165.116 Safety and Security Zones; Salem and Boston Harbors, Massachusetts. Subpart D—Security Zones 165.117 Regulated Navigation Areas, Safety and Security Zones: Deepwater Ports, 165.30 Security zones. First Coast Guard District. 165.33 General regulations. 165.120 Safety Zone: Chelsea River, Boston Inner Harbor, Boston, MA. Subpart E—Restricted Waterfront Areas 165.121 Safety and Security Zones: High In- terest Vessels, Narragansett Bay, Rhode 165.40 Restricted waterfront areas. Island. 165.122 Regulated Navigation Area: Navi- Subpart F—Specific Regulated Navigation gable waters within Narragansett Bay Areas and Limited Access Areas and the Providence River, Rhode Island. 165.130 Sandy Hook Bay, New Jersey—secu- FIRST COAST GUARD DISTRICT rity zone. 165.T01–0176 Regulated Navigation Area; 165.140 New London Harbor, Connecticut— Lake Champlain Bridge Construction, security zone. Crown Point, New York and Chimney 165.141 Safety Zone: Sunken vessel EMPIRE Point, Vermont. KNIGHT, Boon Island, ME. 165.T01–0239 Safety zones; Marine events 165.150 New Haven Harbor, Quinnipiac within the Captain of the Port Sector River, Mill River. Northern New England area of responsi- 165.151 Safety Zones; Long Island Sound an- bility. nual fireworks displays.

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165.152 Coast Guard Station Fire Island, 165.510 Delaware Bay and River, Salem Long Island, New York—safety zone. River, Christina River and Schuylkill 165.153 Regulated Navigation Area: Long Is- River-Regulated Navigation Area. land Sound Marine Inspection and Cap- 165.511 Security Zone; Atlantic Ocean, tain of the Port Zone. Chesapeake & Delaware Canal, Delaware 165.154 Safety and Security Zones: Long Is- Bay, Delaware River and its tributaries. land Sound Marine Inspection Zone and 165.512 Safety Zone; Patapsco River, North- Captain of the Port Zone. west and Inner Harbors, Baltimore, MD. 165.155 Northville Industries Offshore Plat- 165.514 Safety Zone: Atlantic Intracoastal form, Riverhead, Long Island, New Waterway and connecting waters, vicin- York—safety zone. ity of Marine Corps Base Camp Lejeune, 165.156 Regulated Navigation Area: East North Carolina. Rockaway Inlet to Atlantic Beach 165.515 Safety Zone: Cape Fear River, Wil- Bridge, Nassau County, Long Island, New mington, North Carolina. York. 165.518 Security Zone; Waters of the Fifth 165.158 Safety Zone: Patchogue Grand Prix, Coast Guard District. Patchogue Bay, Patchogue, NY. 165.530 Safety Zone: Cape Fear and North- 165.161 Safety zones: Coast Guard Captain of east Cape Fear Rivers, NC. the Port New York annual fireworks dis- 165.535 Safety Zone: Atlantic Ocean, Vicin- plays. ity of Cape Henlopen State Park, Dela- 165.162 Safety Zone: New York Super Boat ware. Race, Hudson River, New York. 165.540 Regulated Navigation Area; Cape 165.163 Safety Zones; Port of New York/New Fear River, Northeast Cape Fear River, Jersey Fleet Week. Wilmington, North Carolina 165.164 Security Zones: Dignitary Arrival/ 165.552 Security Zone; Oyster Creek Genera- Departure and United Nations Meetings, tion Station, Forked River, Ocean Coun- New York, NY. ty, New Jersey. 165.166 Safety zone: Macy’s July 4th Fire- 165.553 Security Zone; Salem and Hope works, East River, NY. Creek Generation Stations, Delaware 165.168 Safety Zones; Coast Guard Captain River, Salem County, New Jersey. of the Port New York Fireworks Dis- 165.554 Security Zone; Three Mile Island plays. Generating Station, Susquehanna River, 165.169 Safety and Security Zones: New Dauphin County, Pennsylvania. York Marine Inspection Zone and Cap- 165.555 Safety Zone; Delaware River. tain of the Port Zone. 165.556 Regulated Navigation Area; Chesa- 165.170 Safety Zone: Triathlon, Ulster, peake and Delaware Canal, Chesapeake Landing, Hudson River, NY. City Anchorage Basin, MD. 165.202 [Reserved] SEVENTH COAST GUARD DISTRICT FIFTH COAST GUARD DISTRICT 165.701 Vicinity, Kennedy Space Center, 165.T05–0091 Safety Zone; Alligator River, Merritt Island, Florida—security zone. NC. 165.703 Tampa Bay, Florida—Safety Zone. 165.500 Safety/Security Zones; Chesapeake 165.704 Safety Zone: Tampa Bay, Florida. Bay, Maryland. 165.T0704 Safety Zone: Savannah River, Sa- 165.501 Chesapeake Bay entrance and Hamp- vannah, Georgia. ton Roads, VA and adjacent waters—Reg- 165.705 Port Canaveral Harbor, Cape Canav- ulated Navigation Area. eral, Florida. 165.502 Safety and Security Zone; Cove 165.708 Safety/Security Zone; Charleston Point Liquefied Natural Gas Terminal, Harbor and Cooper River, Charleston, SC. Chesapeake Bay, Maryland. 165.709 Security Zone; Charleston Harbor, 165.503 Security Zone; Captain of the Port Cooper River, South Carolina. Hampton Roads Zone. 165.711 Safety Zone: Port Everglades, Fort 165.504 Newport News Shipbuilding and Dry Lauderdale, FL. Dock Company Shipyard, James River, 165.714 Regulated Navigation Area; Atlantic Newport News, Va. Ocean, Charleston, SC. 165.505 Security Zone; Calvert Cliffs Nuclear 165.720 Safety/Security Zone: St. Johns Power Plant, Chesapeake Bay, Calvert River, Jacksonville, FL. County, Maryland. 165.721 Safety Zone: St. Johns River, Jack- 165.506 Safety Zones; Fifth Coast Guard Dis- sonville, FL. trict Fireworks Displays. 165.722 Security Zone: St. Johns River, 165.507 Security Zone; Chesapeake Bay, be- Jacksonville, Florida. tween Sandy Point and Kent Island, MD. 165.726 Regulated Navigation Areas; Miami 165.508 Security Zone; Georgetown Channel, River, Miami, Florida. Potomac River, Washington, DC. 165.728 Jacksonville, Florida—safety zones. 165.509 Security Zone; Severn River and 165.729 Jacksonville Harbor, Florida—secu- College Creek, Annapolis, MD. rity zone.

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165.730 King’s Bay, Georgia—Regulated 165.777 Security Zone; West Basin, Port Ca- navigation area. naveral Harbor, Cape Canaveral, Florida. 165.731 Safety/Security Zone: Cumberland 165.778 Security Zone; Port of Mayaguez, Sound, Georgia and St. Marys River En- Puerto Rico. trance Channel. 165.749 Security Zone: Escorted Vessels, Sa- EIGHTH COAST GUARD DISTRICT vannah, Georgia, Captain of the Port 165.T08–290 Safety Zone; Gulf of Mexico— Zone. Johns Pass, Florida. 165.751 Security Zone: LNG mooring slip, 165.802 Lower Mississippi River, vicinity of Savannah River, Savannah, Georgia. Old River Control Structure—Safety 165.752 Sparkman Channel, Tampa, Flor- Zone. ida—regulated navigation area. 165.803 Mississippi River—regulated naviga- 165.753 Regulated navigation area; Tampa tion area. Bay, Florida. 165.804 Snake Island, Texas City, Texas; 165.754 Safety Zone: San Juan Harbor, San mooring and fleeting of vessels—safety Juan, PR. zone. 165.755 Safety Zone: Guayanilla, Puerto 165.805 Security Zones; Calcasieu River and Rico Ship Channel, Louisiana. 165.756 Regulated Navigation Area; Savan- 165.806 Sabine Neches Waterway, Texas— nah River, Georgia. regulated navigation area. 165.757 Safety Zones; Ports of Ponce, 165.807 Calcasieu River, Louisiana—regu- Tallaboa, and Guayanilla, Puerto Rico lated navigation area. and Limetree Bay, St. Croix, U.S.V.I. 165.808 Corpus Christi Ship Channel, Corpus 165.758 Security Zone; San Juan, Puerto Christi, TX, safety zone. Rico. 165.809 Security Zones; Port of Port Lavaca- 165.759 Security Zones; Ports of Jackson- Point Comfort, Point Comfort, TX and ville, Fernandina, and Canaveral, Flor- Port of Corpus Christi Inner Harbor, Cor- ida. pus Christi, TX. 165.760 Security Zones; Tampa Bay, Port of 165.810 Mississippi River, LA-regulated navigation area. Tampa, Port of Saint Petersburg, Port 165.811 Atchafalaya River, Berwick Bay, Manatee, Rattlesnake, Old Port Tampa, LA-regulated navigation area. Big Bend, Weedon Island, and Crystal 165.812 Security Zones; Lower Mississippi River, Florida. River, Southwest Pass Sea Buoy to Mile 165.761 Security Zones; Port of Palm Beach, Marker 96.0, New Orleans, LA. Port Everglades, Port of Miami, and Port 165.813 Security Zones; Ports of Houston of Key West, Florida. and Galveston, TX. 165.762 Security Zone; St. Thomas, U.S. Vir- 165.814 Security Zones; Captain of the Port gin Islands. Houston-Galveston Zone. 165.763 Moving and Fixed Security Zone, 165.815 Ohio River at Louisville, KY; regu- Port of Fredericksted, Saint Croix, U.S. lated navigation area. Virgin Islands. 165.817 Arkansas River, Mile 118.2 to 125.4, 165.764 [Reserved] Little Rock Arkansas—regulated naviga- 165.765 Regulated Navigation Area; Port Ev- tion area. erglades Harbor, Fort Lauderdale, Flor- 165.818 Moving Security Zones, for certain ida. vessels in Freeport Entrance Channel, 165.766 Security Zone: HOVENSA Refinery, Freeport, Texas. St. Croix, U.S. Virgin Islands. 165.820 Security Zone; Ohio River, Mile 34.6 165.767 Security Zone; Manbirtee Key, Port to 35.1, Shippingport, Pennsylvania. of Manatee, Florida. 165.821 Ohio River at Cincinnati, OH; regu- 165.768 Security Zone; MacDill Air Force lated navigation area. Base, Tampa Bay, FL. 165.825 Security Zones; Captain of the Port 165.769 Security Zone; Escorted Vessels, St. Louis, Missouri. Charleston, South Carolina, Captain of 165.830 Regulated Navigation Area; Report- the Port Zone ing Requirements for Barges Loaded with 165.770 Security Zone: HOVENSA Refinery, Certain Dangerous Cargoes, Inland Riv- St. Croix, U.S. Virgin Islands. ers, Eighth Coast Guard District. 165.771 Safety Zone; Bahia de Ponce, Puerto 165.835 Security Zone; Port of Mobile, Mo- Rico bile Ship Channel, Mobile, AL. 165.773 Security Zone; Escorted Vessels in 165.836 Security Zone; Escorted Vessels, Mo- Captain of the Port Zone Jacksonville, bile, Alabama, Captain of the Port. Florida. 165.837 Safety Zone; Invista Inc Facility 165.775 Safety Zone; Captain of the Port Docks, Victoria Barge Canal, Victoria, Zone Jacksonville; Offshore Cape Canav- Texas. eral, Florida. 165.838 Regulated Navigation Area; New Or- 165.776 Security Zone; Coast Guard Base leans Area of Responsibility, New Orle- San Juan, San Juan Harbor, Puerto Rico ans, LA.

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NINTH COAST GUARD DISTRICT 165.927 Safety Zone; St. Louis River, Du- luth/Interlake Tar Remediation Site, Du- 165.T09–0073 Safety and Security Zones; Tall luth, MN. Ships Challenge 2010; Great Lakes; Cleve- 165.928 Security Zone; Mackinac Bridge, land, OH; Bay City, MI; Duluth, MN; Straits of Mackinac, Michigan. Green Bay, WI; Sturgeon Bay, WI; Chi- 165.929 Safety Zones; Annual events requir- cago, IL; Erie, PA. ing safety zones in the Captain of the 165.T09–0124 Safety Zone; St. Louis River, Port Lake Michigan zone. Tallas Island, Duluth, MN. 165.931 Safety Zone, Chicago Harbor, Navy 165.T09–0166 Safety Zone, Brandon Road Pier Southeast, Chicago, IL. Lock and Dam to Lake Michigan includ- 165.933 Safety Zone, Chicago Harbor, Navy ing Des Plaines River, Chicago Sanitary Pier East, Chicago, IL. and Ship Canal, Chicago River, and Cal- 165.935 Safety Zone, Milwaukee Harbor, Mil- umet-Saganashkee Channel, Chicago, IL. waukee, WI. 165.T09–0290 Safety Zones; Blasting Oper- 165.939 Safety Zones; Annual Fireworks ations and Movement of Explosives, St. Events in the Captain of the Port Buffalo Marys River, Sault Sainte Marie, MI. Zone. 165.T09–0333 Safety zone; Marathon Oil Re- 165.941 Safety Zones; Annual Fireworks finery construction, Rouge River, De- Events in the Captain of the Port Detroit troit, MI. Zone. 165.T09–0452 Safety Zone; Festivals & Fire- works Celebration, East Moran Bay, ELEVENTH COAST GUARD DISTRICT Lake Huron, St. Ignace, MI. 165.T09–1080 Safety Zone and Regulated 165.T11–281 Safety Zone; Lake Mead Intake Navigation Area, Chicago Sanitary and Construction; Lake Mead, Boulder City, Ship Canal, Romeoville, IL. NV. 165.901 Great Lakes—regulated navigation 165.T11–304 Safety zone; Sea World Summer areas. Nights Fireworks; Mission Bay, San Diego, California. 165.902 Niagara River at Niagara Falls, New 165.1101 Security Zone: San Diego Bay, CA. York—safety zone. 165.1102 Security Zone; Naval Base Point 165.903 Safety Zones: Cuyahoga River and Loma; San Diego Bay, San Diego, CA. Old River, Cleveland, OH. 165.1104 Security Zone: San Diego Bay, CA. 165.904 Lake Michigan at Chicago Harbor & 165.1105 Security Zone: San Diego Bay, Cali- Burnham Park Harbor—Safety and Secu- fornia. rity Zone. 165.1106 San Diego Bay, California—safety 165.905 USX Superfund Site Safety Zones: zone. St. Louis River. 165.1107 San Diego Bay, California. 165.906 Lakeside Yacht Club in Cleveland 165.1108 Security Zones; Cruise Ships, Port Harbor, Cleveland, OH—regulated navi- of San Diego, California. gation areas. 165.1110 Security Zone: Coronado Bay 165.907 [Reserved] Bridge, San Diego, CA. 165.909 [Reserved] 165.1120 Security Zone; Naval Amphibious 165.910 Security Zones; Captain of the Port Base, San Diego, CA. Lake Michigan. 165.1121 Security Zone: Fleet Supply Center 165.911 Security Zones; Captain of the Port Industrial Pier, San Diego, CA. Buffalo Zone. 165.1122 San Diego Bay, Mission Bay and 165.912 Security Zone; Lake Erie, Perry, their Approaches—Regulated navigation OH. area. 165.914 [Reserved] 165.1131 Security Zone: Wilson Cove, San 165.915 Security zones; Captain of the Port Clemente Island, California. Detroit. 165.1141 Safety Zone; San Clemente 3 NM 165.916 Security Zones; Captain of the Port Safety Zone, San Clemente Island, CA. Milwaukee Zone, Lake Michigan. 165.1151 Security Zones; liquefied hazardous 165.918 [Reserved] gas tank vessels, San Pedro Bay, Cali- 165.920 Regulated Navigation Area: USCG fornia. Station Port Huron, Port Huron, MI, 165.1152 San Pedro Bay, California—Regu- Lake Huron. lated navigation area. 165.921 Regulated Navigation Area; Report- 165.1154 Security Zones; Cruise Ships, San ing Requirements for Barges Loaded with Pedro Bay, California. Certain Dangerous Cargoes, Illinois Wa- 165.1155 Security Zone; Diablo Canyon Nu- terway System located within the Ninth clear Power Plant, Avila Beach, Cali- Coast Guard District. fornia. 165.923 Regulated Navigation Area between 165.1156 Safety Zone; Offshore Marine Ter- mile markers 296.1 and 296.7 of the Chi- minal, El Segundo, CA. cago Sanitary and Ship Canal located 165.1171 Copper Canyon, Lake Havasu, Colo- near Romeoville, IL. rado River—Regulated Navigation Area.

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165.1181 San Francisco Bay Region, Cali- 165.1313 Security zone regulations, tank fornia—regulated navigation area. ship protection, Puget Sound and adja- 165.1182 Safety/Security Zone: San Fran- cent waters, Washington cisco Bay, San Pablo Bay, Carquinez 165.1314 Safety Zone; Fort Vancouver Fire- Strait, and Suisun Bay, CA. works Display, Columbia River, Van- 165.1183 Security Zones; Cruise Ships, Tank- couver, Washington. ers and High Interest Vessels, San Fran- 165.1315 Safety Zones: Fireworks displays in cisco Bay and Delta Ports, Monterey Bay the Captain of the Port Portland Zone. and Humboldt Bay, California. 165.1316 Safety Zone; Columbia River, 165.1185 Regulated Navigation Area; San Astoria, Oregon. Francisco Bay, San Pablo Bay, Carquinez 165.1317 Security and Safety Zone; Large Strait, Suisun Bay, Sacramento River, Passenger Vessel Protection, Puget San Joaquin River, and connecting wa- Sound and adjacent waters, Washington. ters in California. 165.1318 Security and Safety Zone Regula- 165.1187 Security Zones; Golden Gate Bridge tions, Large Passenger Vessel Protec- tion, Portland, OR Captain of the Port and the San Francisco-Oakland Bay Zone Bridge, San Francisco Bay, California. 165.1319 Safety Zone Regulations, Seafair 165.1190 Security Zone; San Francisco Bay, Blue Angels Air Show Performance, Se- Oakland Estuary, Alameda, CA. attle, WA. 165.1191 Safety zones: Northern California 165.1321 Security Zone; Protection of Mili- annual fireworks events. tary Cargo, Captain of the Port Zone 165.1192 Security Zones; Waters surrounding Puget Sound, WA. San Francisco International Airport and 165.1322 Regulated Navigation Area: Wil- Oakland International Airport, San lamette River Portland, Oregon Captain Francisco Bay, California. of the Port Zone. 165.1195 Regulated Navigation Area; Hum- 165.1323 Regulated Navigation Area: Wil- boldt Bay Bar Channel and Humboldt lamette River Portland, Oregon Captain Bay Entrance Channel, Humboldt Bay, of the Port Zone. California. 165.1324 Safety and Security Zone; Cruise 165.1197 Security Zones; San Francisco Bay, Ship Protection, Elliott Bay and Pier-91, San Pablo Bay, Carquinez Strait, Suisun Seattle, Washington. Bay, California. 165.1325 Regulated Navigation Areas; Bars 165.1199 Security Zones; Military Ocean Along the Coasts of Oregon and Wash- Terminal Concord (MOTCO), Concord, ington. California. 165.1326 Regulated Navigation Areas; Port of Portland Terminal 4, Willamette THIRTEENTH COAST GUARD DISTRICT River, Portland, OR. 165.1327 Security Zone; escorted U.S. Navy 165.T13–137 Safety Zone; North Jetty, submarines in Sector Seattle Captain of named the Barview Jetty, Tillamook the Port Zone. Bay, OR. 165.1328 Regulated Navigation Area; U.S. 165.T13–149 Safety Zone; McNary-John Day Navy submarines, Hood Canal, WA. Transmission Line Project, Columbia 165.1332 Safety Zones; annual firework dis- River, Hermiston, OR. plays within the Captain of the Port, 165.1301 Puget Sound and Adjacent Waters Puget Sound Area of Responsibility. in Northwestern Washington—Regulated Navigation Area. FOURTEENTH COAST GUARD DISTRICT 165.1302 Bangor Naval Submarine Base, 165.T14–204 Safety Zone; fixed mooring Bangor, WA. balls, south of Barbers Pt Harbor Chan- 165.1303 Puget Sound and adjacent waters, nel, Oahu, Hawaii. WA—regulated navigation area. 165.1401 Apra Harbor, Guam—safety zones. 165.1304 Bellingham Bay, Bellingham, WA. 165.1402 Apra Outer Harbor, Guam—regu- 165.1305 Commencement Bay, Tacoma, WA. lated navigation area. 165.1306 Lake Union, Seattle, WA. 165.1403 Security Zones; Tinian, Common- 165.1307 Elliott Bay, Seattle, WA. wealth of the Northern Mariana Islands. 165.1308 Columbia River, Vancouver WA. 165.1404 Apra Harbor, Guam—security zone. 165.1309 Eagle Harbor, Bainbridge Island, 165.1405 Regulated Navigation Areas and Se- WA. curity Zones; Designated Escorted Ves- 165.1310 Strait of Juan de Fuca and adjacent sels-Philippine Sea and Apra Harbor, coastal waters of Northwest Washington; Guam (including Cabras Island Channel), Makah Whale Hunting—Regulated Navi- and Tanapag Harbor, Saipan, Common- gation Area. wealth of the Northern Mariana Islands 165.1311 Olympic View Resource Area, Ta- (CNMI). coma, WA. 165.1406 Safety Zone: Pacific Missile Range 165.1312 Security Zone; Portland Rose Fes- Facility (PMRF), Barking Sands, Island tival on Willamette River. of Kauai, Hawaii.

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165.1407 Security Zones; Oahu, HI. (c) Prescribe specific requirements 165.1408 Security Zones; Maui, HI. for established areas; and 165.1409 Security Zones; Hawaii, HI. (d) List specific areas and their 165.1410 Security Zones; Kauai, HI. boundaries. 165.1411 Security Zone; waters surrounding U.S. Forces vessel SBX–1, HI. § 165.3 Definitions. 165.1412 Security Zone; escorted U.S. Navy submarines in Sector Honolulu Captain The following definitions apply to of the Port Zone. this part: Credential means any or all of the fol- SEVENTEENTH COAST GUARD DISTRICT lowing: 165.1701 Port Valdez, Valdez, Alaska—safety (1) Merchant mariner’s document. zone. (2) Merchant mariner’s license. 165.1702 Gastineau Channel, Juneau, Alas- (3) STCW endorsement. ka—safety zone. (4) Certificate of registry. 165.1703 Ammunition Island, Port Valdez, Alaska. (5) Merchant mariner credential. 165.1704 Prince William Sound, Alaska-regu- Merchant mariner credential or MMC lated navigation area. means the credential issued by the 165.1706 Gastineau Channel, Juneau, Alas- Coast Guard under 46 CFR part 10. It ka—Safety Zone. combines the individual merchant 165.1708 Tongass Narrows, Ketchikan, Alas- mariner’s document, license, and cer- ka—Safety Zone. tificate of registry enumerated in 46 165.1709 Security Zones: Liquefied Natural U.S.C. subtitle II part E as well as the Gas Tanker Transits and Operations at STCW endorsement into a single cre- Phillips Petroleum LNG Pier, Cook Inlet, AK. dential that serves as the mariner’s 165.1710 Port Valdez and Valdez Narrows, qualification document, certificate of Valdez, Alaska—security zones. identification, and certificate of serv- 165.1711 Security Zones; Waters of the Sev- ice. enteenth Coast Guard District [USCG–2006–24371, 74 FR 11213, Mar. 16, 2009] Subpart G—Protection of Naval Vessels § 165.5 Establishment procedures. 165.2010 Purpose. (a) A safety zone, security zone, or 165.2015 Definitions. regulated navigation area may be es- 165.2020 Enforcement authority. tablished on the initiative of any au- 165.2025 Atlantic Area. 165.2030 Pacific Area. thorized Coast Guard official. (b) Any person may request that a AUTHORITY: 33 U.S.C. 1231; 46 U.S.C. Chap- safety zone, security zone, or regulated ter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR navigation area be established. Except 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Se- as provided in paragraph (c) of this sec- curity Delegation No. 0170.1. tion, each request must be submitted in writing to either the Captain of the SOURCE: CGD 79–034, 47 FR 29660, July 8, Port or District Commander having ju- 1982, unless otherwise noted. risdiction over the location as de- EDITORIAL NOTE: Nomenclature changes to scribed in part 3 of this chapter, and in- part 165 appear by USCG–2006–25556, 72 FR clude the following: 36328, 36329, July 2, 2007. (1) The name of the person submitting the request; Subpart A—General (2) The location and boundaries of the safety zone, security zone, or regu- § 165.1 Purpose of part. lated navigation area; The purpose of this part is to: (3) The date, time, and duration that (a) Prescribe procedures for estab- the safety zone, security zone, or regu- lishing different types of limited or lated navigation area should be estab- controlled access areas and regulated lished; navigation areas; (4) A description of the activities (b) Prescribe general regulations for planned for the safety zone, security different types of limited or controlled zone, or regulated navigation area; access areas and regulated navigation (5) The nature of the restrictions or areas; conditions desired; and

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(6) The reason why the safety zone, priate corrections that are published security zone, or regulated navigation on the particular map or chart being area is necessary. used. (c) Safety Zones and Security Zones. If, for good cause, the request for a [CGD 86–082, 52 FR 33811, Sept. 8, 1987] safety zone or security zone is made § 165.9 Geographic application of lim- less than 5 working days before the ited and controlled access areas zone is to be established, the request and regulated navigation areas. may be made orally, but it must be followed by a written request within 24 (a) General. The geographic applica- hours. tion of the limited and controlled access areas and regulated navigation (Requests for safety zones, security zones, areas in this part are determined based and regulated navigation areas are approved by the Office of Management and Budget on the statutory authority under which under control number 1625–0020) each is created. [CGD 79–034, 47 FR 29660, July 8, 1982, as (b) Safety zones and regulated naviga- amended by CGD 79–026, 48 FR 35408, Aug. 4, tion areas. These zones and areas are 1983; USCG–2006–25150, 71 FR 39211, July 12, created under the authority of the 2006] Ports and Waterways Safety Act, 33 U.S.C. 1221–1232. Safety zones estab- § 165.7 Notification. lished under 33 U.S.C. 1226 and regu- (a) The establishment of these lim- lated navigation areas may be estab- ited access areas and regulated naviga- lished in waters subject to the jurisdiction areas is considered rulemaking. tion of the United States as defined in The procedures used to notify persons § 2.38 of this chapter, including the ter- of the establishment of these areas ritorial sea to a seaward limit of 12 vary depending upon the circumstances nautical miles from the baseline. and emergency conditions. Notification (c) Security zones. These zones have may be made by marine broadcasts, two sources of authority—the Ports local notice to mariners, local news and Waterways Safety Act, 33 U.S.C. media, distribution in leaflet form, and 1221–1232, and the Act of June 15, 1917, on-scene oral notice, as well as publica- as amended by both the Magnuson Act tion in the FEDERAL REGISTER. (b) Notification normally contains of August 9, 1950 (‘‘Magnuson Act’’), 50 the physical boundaries of the area, the U.S.C. 191–195, and sec. 104 the Mari- reasons for the rule, its estimated du- time Transportation Security Act of ration, and the method of obtaining au- 2002 (Pub. L. 107–295, 116 Stat. 2064). Se- thorization to enter the area, if appli- curity zones established under either 33 cable, and special navigational rules, if U.S.C. 1226 or 50 U.S.C. 191 may be es- applicable. tablished in waters subject to the juris- (c) Notification of the termination of diction of the United States as defined the rule is usually made in the same in § 2.38 of this chapter, including the form as the notification of its estab- territorial sea to a seaward limit of 12 lishment. nautical miles from the baseline. (d) Naval vessel protection zones. These § 165.8 Geographic coordinates. zones are issued under the authority of Geographic coordinates expressed in 14 U.S.C. 91 and 633 and may be estab- terms of latitude or longitude, or both, lished in waters subject to the jurisdic- are not intended for plotting on maps tion of the United States as defined in or charts whose referenced horizontal § 2.38 of this chapter, including the ter- datum is the North American Datum of ritorial sea to a seaward limit of 12 1983 (NAD 83), unless such geographic nautical miles from the baseline. coordinates are expressly labeled NAD 83. Geographic coordinates without the [USCG–2001–9044, 68 FR 42602, July 18, 2003, as amended by USCG–2006–25411, 71 FR 54421, NAD 83 reference may be plotted on Sept. 15, 2006] maps or charts referenced to NAD 83 only after application of the appro-

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Subpart B—Regulated Navigation (a) No person may enter a safety zone Areas unless authorized by the COTP or the District Commander; § 165.10 Regulated navigation areas. (b) No person may bring or cause to be brought into a safety zone any vehi- A regulated navigation area is a cle, vessel, or object unless authorized water area within a defined boundary by the COTP or the District Com- for which regulations for vessels navi- mander; gating within the area have been estab- (c) No person may remain in a safety lished under this part. zone or allow any vehicle, vessel, or ob- § 165.11 Vessel operating requirements ject to remain in a safety zone unless (regulations). authorized by the COTP or the District Commander; and Each District Commander may con- (d) Each person in a safety zone who trol vessel traffic in an area which is has notice of a lawful order or direc- determined to have hazardous condition shall obey the order or direction of tions, by issuing regulations: the COTP or District Commander (a) Specifying times of vessel entry, issued to carry out the purposes of this movement, or departure to, from, with- subpart. in, or through ports, harbors, or other waters; (b) Establishing vessel size, speed, Subpart D—Security Zones draft limitations, and operating condi- § 165.30 Security zones. tions; and (c) Restricting vessel operation, in a (a) A security zone is an area of land, hazardous area or under hazardous con- water, or land and water which is so ditions, to vessels which have par- designated by the Captain of the Port ticular operating characteristics or ca- or District Commander for such time pabilities which are considered nec- as is necessary to prevent damage or essary for safe operation under the cir- injury to any vessel or waterfront fa- cumstances. cility, to safeguard ports, harbors, territories, or waters of the United States [CGD 79–026, 48 FR 35408, Aug. 4, 1983] or to secure the observance of the rights and obligations of the United § 165.13 General regulations. States. (a) The master of a vessel in a regu- (b) The purpose of a security zone is lated navigation area shall operate the to safeguard from destruction, loss, or vessel in accordance with the regula- injury from sabotage or other subver- tions contained in Subpart F. sive acts, accidents, or other causes of (b) No person may cause or authorize a similar nature: the operation of a vessel in a regulated (1) Vessels, navigation area contrary to the regula- (2) Harbors, tions in this part. (3) Ports, and (4) Waterfront facilities: Subpart C—Safety Zones in the United States and all territory and water, continental or insular, that § 165.20 Safety zones. is subject to the jurisdiction of the A Safety Zone is a water area, shore United States. area, or water and shore area to which, for safety or environmental purposes, § 165.33 General regulations. access is limited to authorized persons, Unless otherwise provided in the spe- vehicles, or vessels. It may be sta- cial regulations in Subpart F of this tionary and described by fixed limits or part: it may be described as a zone around a (a) No person or vessel may enter or vessel in motion. remain in a security zone without the permission of the Captain of the Port; § 165.23 General regulations. (b) Each person and vessel in a secu- Unless otherwise provided in this rity zone shall obey any direction or part: order of the Captain of the Port;

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(c) The Captain of the Port may take restrictions or conditions apply within possession and control of any vessel in this RNA: the security zone; (1) No vessel may operate at a speed (d) The Captain of the Port may re- in excess of five knots. move any person, vessel, article, or (2) All vessels must proceed through thing from a security zone; the area with caution and operate in (e) No person may board, or take or such a manner as to produce no wake. place any article or thing on board, (3) Vessels must comply with all di- any vessel in a security zone without rections given to them by the Captain the permission of the Captain of the of the Port (COTP) Sector Northern Port; and New England or his on-scene represent- (f) No person may take or place any ative. The ‘‘on-scene representative’’ of article or thing upon any waterfront the COTP is any Coast Guard commis- facility in a security zone without the sioned, warrant, or petty officer who permission of the Captain of the Port. has been designated by the COTP to act on the COTP’s behalf. The on-scene Subpart E—Restricted Waterfront representative may be on a Coast Areas Guard vessel, New York State Police, New York Department of Environ- § 165.40 Restricted waterfront areas. mental Conservation, Vermont State The Commandant, may direct the Police, and Vermont Fish and Game or COTP to prevent access to waterfront other designated craft, or may be on facilities, and port and harbor areas, shore and will communicate with ves- including vessels and harbor craft sels via VHF–FM radio or loudhailer. therein. This section may apply to per- Members of the Coast Guard Auxiliary sons who do not possess the credentials may be present to inform vessel opera- outlined in § 125.09 of this chapter when tors of this regulation. certain shipping activities are con- (4) During certain construction ac- ducted that are outlined in § 125.15 of tivities including installation of the this chapter. bridge lift span and as deemed necessary by the COTP, all vessel move- Subpart F—Specific Regulated ment into or within the regulated area Navigation Areas and Limited may be prohibited. (5) For purposes of navigational safe- Access Areas ty, the COTP or on-scene representa- FIRST COAST GUARD DISTRICT tive may authorize a deviation from this regulation. § 165.T01–0176 Regulated Navigation (c) Enforcement. (1) This regulated Area; Lake Champlain Bridge Con- navigation area is enforceable from struction, Crown Point, New York April 23, 2010 through December 31, and Chimney Point, Vermont. 2011. (a) Description of the regulated naviga- (2) The COTP may temporarily sus- tion area (RNA). All navigable waters pend all vessel traffic through the on Lake Champlain 300 yards to the RNA, temporarily suspend enforcement north and south of the Lake Champlain of the RNA, or suspend enforcement of Bridge construction zone at Crown the RNA at the conclusion of bridge Point, New York and Chimney Point, construction. In any of these events, Vermont. The area is bounded by co- the COTP will give notice by all appro- ordinates 44°01′59″ N, 073°25′31″ W and priate means to ensure the widest pub- 44°02′04″ N, 073°25′28″ W to the north, licity among the affected segments of and 44°01′56″ N, 073°25′08″ W and 44°01′53″ the public. Such means of notification N, 073°25′14″ W to the south. The area may include, but are not limited to, will be marked with four white and or- Broadcast Notice to Mariners and ange-striped ‘‘NO WAKE’’ buoys to de- Local Notice to Mariners. Notification fine the start and end of the regulated will include the beginning and end area. dates and times when the traffic sus- (b) Regulations. In addition to 33 CFR pension or enforcement suspension is 165.10, 165.11, and 165.13, the following effective.

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(3) Violations of this RNA should be (2) Locations. For all fireworks events reported to the COTP at (207) 767–0303 listed in the events table in this para- or on VHF–Channel 16. Persons in vio- graph (a)(2), all navigable waters with- lation of this RNA may be subject to in a 350 yard radius of the fireworks civil and criminal penalties. launch site. For all power boat races, EFFECTIVE DATE NOTE: By USCG–2010–0176, regattas, boat parades, rowing races, 75 FR 22231, Apr. 28, 2010, temporary § 165.T01– and paddling boat races, all vessels not 0176 was added, effective Apr. 23, 2010 through associated with the event must main- Dec. 31, 2011. tain a 50 yard radius around all vessels participating in the event. § 165.T01–0239 Safety zones; Marine events within the Captain of the Port Sector Northern New England area of responsibility. (a) Safety zones. (1) The following areas are designated safety zones:

EVENTS TABLE

5.0 MAY

5.1 Downeast Adventure Race ...... Event Type: Rowing and paddling boat race. Sponsor: Washington County Community College. Date: May 1, 2010. Enforcement Time: 10 am to 2 pm. Location: The regulated area includes all U.S. waters in the Saint Croix River from the launch site in Calais, Maine at approximate position 45°11′24″ N, 067°16′48″ W (NAD 83), following the river bank to the end site at position 44°10′07″ N, 067°14′29″ W (NAD 83).

5.2 Hampton Beach Fireworks ...... Event Type: Fireworks display. Sponsor: Hampton Beach Village District. Dates: Every Wednesday, Saturday and Sunday from May 5, 2010 through Sep- tember 29, 2010, as specified in the USCG District 1 Local Notice to Mariners at: http://www.navcen.uscg.gov/LNM/default.htm. Enforcement Time: 8 pm to 10:30 pm. Location: In the vicinity of the Hampton Beach, New Hampshire waterfront in approximate position 42°54′33″ N, 070°48′38″ W (NAD 83).

5.3 Tall Ships Visiting Portsmouth ...... Event Type: Regatta and boat parade. Sponsor: Portsmouth Maritime Commission, Inc. Date: May 28 through May 31, 2010 Enforcement Time: 10 am to 7 pm. Location: The regulated area includes all waters of Portsmouth Harbor, New Hampshire 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 of the Fleet ...... Event Type: Regatta and boat parade. Sponsor: Town of Bar Harbor, Maine. Date: June 6, 2010. Enforcement Time: 12 pm to 1:30 pm. Location: The regulated area includes all waters of Bar Harbor, Maine within the following points (NAD 83): 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 Boothbay Harbor Lobster Boat Races Event Type: Power boat race. Sponsor: Boothbay Harbor Lobster Boat Race Committee. Date: June 19, 2010. Enforcement Time: 10 am to 3 pm. Location: The regulated area includes all waters of Boothbay Harbor, Maine within the following points (NAD 83):

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EVENTS TABLE—Continued

5.0 MAY

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 Lobster Boat Races Event Type: Power boat race. Sponsor: Rockland Harbor Lobster Boat Race Committee. Date: June 20, 2010. Enforcement Time: 10 am to 3 pm. Location: The regulated area includes all waters of Rockland Harbor, Maine 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 Parade of Ships ... Event Type: Regatta and boat parade. Sponsor: Boothbay Region Chamber of Commerce. Date: June 22 & 23, 2010. Enforcement Time: 12 pm to 5 pm. Location: The regulated area includes all waters of Boothbay Harbor, Maine 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

6.5 Windjammer Days Fireworks ...... Event Type: Fireworks display. Sponsor: Boothbay Harbor Region Chamber of Commerce. Date: June 23, 2010. Enforcement Time: 8 pm to 10:30 pm. Location: In the vicinity of McFarland Island, Boothbay Harbor, Maine in approximate position 43°50′38″ N, 069°37′57″ W (NAD 83).

(b) Notification. Coast Guard Sector apply. During the enforcement period, Northern New England will cause no- entry into, transiting, remaining with- tice of the enforcement of these tem- in, mooring or anchoring within these porary safety zones to be made by all safety zones is prohibited unless au- appropriate means to affect the widest thorized by the Captain of the Port or publicity among the effected segments his designated representatives. of the public, including publication in (2) These temporary safety zones are the Local Notice to Mariners and closed to all vessel traffic, except as Broadcast Notice to Mariners. may be permitted by the Captain of the (c) Effective period. This rule is effec- Port or his designated representatives. tive from 10 a.m. on May 1, 2010, Vessel operators given permission to through 11:59 p.m. on September 29, enter or operate in the safety zones 2010. must comply with all directions given (d) Enforcement period. This section to them by the Captain of the Port or will be enforced for the duration of his designated representatives. Vessels each event indicated in the table in that are granted permission by the paragraph (a)(2) of this section. If the Captain of the Port or designated rep- event is cancelled due to inclement resentative to enter or remain within a weather, this section is in effect for the safety zone may be required to be at day following the scheduled time listed anchor or moored to a waterfront facil- in the table above. Notification of ity such that the vessel’s location will events held on a rain date will be made not interfere with the progress of the by Broadcast Notice to Mariners. event. At all times when a vessel has (e) Regulations. (1) The general regu- been granted permission to enter with- lations contained in 33 CFR 165.23 in a safety zone, it shall endeavor to

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maintain at least 50 yards distance EFFECTIVE DATE NOTE: By USCG–2010–0239, from any event participant unless oth- 75 FR 25768, May 10, 2010, temporary erwise directed. § 165.T01–0239 was added, effective May 10, 2010 through 11:59 p.m. on Sept. 29, 2010. (3) The ‘‘designated representative’’ is any Coast Guard commissioned, war- § 165.T01–0315 Safety zones; Marine rant, or petty officer who has been des- Events within the Captain of the ignated by the Captain of the Port to Port Sector Northern New England act on his behalf. The designated rep- Area of Responsibility, July through September. resentative will be aboard either a Coast Guard or Coast Guard Auxiliary (a) Safety zones. The following areas vessel. are designated safety zones: (4) Vessel operators desiring to enter Locations. The locations for each or operate within the safety zones shall safety zone are provided in the below telephone the Captain of the Port at EVENTS TABLE. For all events listed in the EVENTS TABLE below, the 207–767–0303, or his designated rep- safety zones for firework displays in- resentative via VHF Channel 16 to ob- cludes all navigable waters within a 350 tain permission to do so. yard radius of the fireworks launch (5) The Captain of the Port or his des- site; for all swim events listed in the ignated representative may delay or Events Table, a 200 foot radius around terminate any event listed in the all participants; for all regattas, power events table in paragraph (a)(2) of this boat races, row and paddle boat races, section to ensure safety. Such action and parades listed in the EVENTS may be required as a result of weather, TABLE below, all navigable waters vessel traffic density, spectator activi- within a 50 yard radius around all ves- ties or participant behavior. sels participating in the event.

EVENTS TABLE

7.0 July

7.1 Burlington Independence Day Fireworks ...... • Event Type: Fireworks Display. • Sponsor: City of Burlington, VT. • Date: July 3, 2010. • Time: 8 pm to 10:30 pm. • Location: From a barge in he vicinity of Burlington Harbor, Burlington, Vermont in approximate position 44°28′30″ N, 073°13′31″ W (NAD 83).

7.2 Town of Islesboro Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Islesboro, Maine. • Date: July 3, 2010. • Time: 8 pm to 10:30 pm. • Location: In the vicinity of Grindle Point, Islesboro, Maine in approximate position 44°16′52″ N, 068°56′24″ W (NAD 83).

7.3 The Great Race ...... • Event Type: Row and Paddle Boat Race. • Sponsor: The Great Race Committee. • Date: July 4, 2010. • Time: 10 am to 12:30 pm. • Location: The regulated area includes all waters of Lake Champlain in the vicinity of Saint Albans Bay in St. Albans, Vermont within the following points (NAD 83): 44°47′18″ N, 073°10′27″ W. 44°47′10″ N, 073°08′51″ W.

7.4 Moosabec Lobster Boat Races ...... • Event Type: Power Boat Race. • Sponsor: Moosabec Boat Race Committee. • Date: July 4, 2010. • Time: 10 am to 3 pm. • 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. 44°31′29″ N, 067°35′33″ W.

7.5 Bangor 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Bangor 4th of July Fireworks. • Date: July 4, 2010.

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EVENTS TABLE—Continued

7.0 July

• Time: 8 pm to 10:30 pm. • Location: In the vicinity of the Bangor Waterfront, Bangor, Maine in approximate position 44°47′27″ N, 068°46′31″ W (NAD 83).

7.6 Bar Harbor 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Bar Harbor Chamber of Commerce. • Date: July 4, 2010. • Time: 8 pm to 10:30 pm. • Location: In the vicinity of Bar Harbor Town Pier, Bar Harbor, Maine in approximate position 44°23′30″ N, 068°2′16″ W (NAD 83).

7.7 Bath 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Main Street Bath. • Date: July 4, 2010. • Time: 8 pm to 10:30 pm. • Location: In the vicinity of Reed and Reed Boat Yard, Woolwich, Maine in approximate position 43°54′56″ N, 069°48′16″ W (NAD 83).

7.8 Boothbay Harbor 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Boothbay Harbor. • Date: July 4, 2010. • Time: 8 pm to 10:30 pm. • Location: In the vicinity of McFarland Island, Boothbay Harbor, Maine in approximate position 43°50′38″ N, 069°37′57″ W (NAD 83).

7.9 Castine 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Castine Fire Department. • Date: July 4, 2010. • Time: 8 pm to 10:30 pm. • Location: From a float in the vicinity of Castine Harbor, Castine, Maine in approximate position 44°23′11″ N, 068°47′39″ W (NAD 83).

7.10 Colchester 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Colchester Recreation Department. • Date: July 4, 2010. • Time: 8 pm to 10:30 pm. • Location: In the vicinity of Bayside Beach and Mallets Bay in Colchester, Vermont at approximate position 44°54′51″ N, 073°21′54″ W (NAD 83).

7.11 Eastport 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Eastport 4th of July Committee. • Date: July 4, 2010. • Time: 8 pm to 10:30 pm. • Location: From the Waterfront Public Pier in Eastport, Maine at approximate position 44°54′25″ N, 066°58′55″ W (NAD 83).

7.12 Portland Harbor 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Department of Parks and Recreation, Portland, Maine. • Date: July 4, 2010. • Time: 8 pm to 10:30 pm. • Location: In the vicinity of East End Beach, Portland, Maine in approximate position 43°40′11″ N, 070°14′29″ W (NAD 83).

7.13 St. Albans Day Fireworks ...... • Event Type: Fireworks Display. • Sponsor: St. Albans Town Recreation Department. • Date: July 4, 2010. • Time: 8 pm to 10:30 pm. • Location: From the St. Albans Bay dock in St. Albans, Vermont in approximate position 44°48′25″ N, 073°08′23″ W (NAD 83).

7.14 Stonington 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Deer Isle—Stonington Chamber of Commerce. • Date: July 4, 2010. • Time: 8 pm to 10:30 pm. • Location: In the vicinity of Two Bush Island, Stonington, Maine in approximate position 44°08′57″ N, 068°39′54″ W (NAD 83).

7.15 Windjammer Days Fireworks (Rain Date) .... • Event Type: Fireworks display. • Sponsor: Boothbay Harbor Region Chamber of Commerce. • Date: July 4, 2010. • Time: 8 pm to 10:30 pm.

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EVENTS TABLE—Continued

7.0 July

• Location: In the vicinity of McFarland Island, Boothbay Harbor, Maine in approximate position 43°50′38″ N, 069°37′57″ W (NAD 83).

7.16 Bath Heritage Days Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Main Street Bath. • Date: July 5, 2010. • Time: 8 pm to 10:30 pm. • Location: In the vicinity of Reed and Reed Boat Yard, Woolwich, Maine in approximate position 43°54′56″ N, 069°48′16″ W (NAD 83).

7.17 Festival of Lights Boat Parade ...... • Event Type: Regatta and Boat Parade. • Sponsor: Plattsburgh Sunrise Rotary. • Date: July 8, 2010. • Time: 7 pm to 11:30 pm. • 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°43′10″ N, 073°25′50″ W. 44°42′01″ N, 073°25′59″ W. 44°40′57″ N, 073°26′05″ W. 44°40′49″ N, 073°26′27″ W.

7.18 Searsport Lobster Boat Races ...... • Event Type: Power Boat Race. • Sponsor: Searsport Lobster Boat Race Committee. • Date: July 10, 2010. • Time: 10 am to 3 pm. • 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.

7.19 Urban/EPIC Triathlon ...... • Event Type: Swim. • Sponsor: Tri-Maine Productions. • Date: July 10, 2010. • Time: 7 am to 11 am. • Location: The regulated area includes all waters of Portland Harbor in the vicinity of East End Beach in Portland, Maine within the following points (NAD 83): 43°40′00″ N, 070°14′20″ W. 43°40′00″ N, 070°14′00″ W. 43°40′15″ N, 070°14′29″ W. 43°40′17″ N, 070°13′22″ W.

7.20 Mayor’s Cup Regatta ...... • Event Type: Regatta and Boat Parade. • Sponsor: Plattsburgh Sunrise Rotary. • Date: July 10, 2010. • Time: 10 am to 4 pm. • 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.

7.21 Stonington Lobster Boat Races ...... • Event Type: Power Boat Race. • Sponsor: Stonington Lobster Boat Race Committee. • Date: July 10, 2010. • Time: 10 am to 3 pm. • 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.

7.22 The Challenge Race ...... • Event Type: Row and Paddle Boat Race. • Sponsor: Lake Champlain Maritime Museum. • Date: July 17, 2010. • Time: 11 am to 3 pm. • Location: The regulated area includes all waters of Lake Champlain in the vicinity of Button Bay State Park, Vergennes, Vermont within the following points (NAD 83):

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EVENTS TABLE—Continued

7.0 July

44°12′25″ N, 073°22′32″ W. 44°12′00″ N, 073°21′42″ W. 44°12′19″ N, 073°21′25″ W. 44°13′16″ N, 073°21′36″ W.

7.23 Tenants Harbor Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of St. George, Maine. • Date: July 17, 2010. • Time: 8 pm to 10:30 pm. • Location: From a barge in the vicinity of the inner harbor, Tenants Har- bor, Maine in approximate position 43°57′40″ N, 069°12′48″ W (NAD 83).

7.24 Peaks to Portland Swim ...... • Event Type: Swim. • Sponsor: Cumberland County YMCA. • Date: July 24, 2010. • Time: 5 am to 1 pm. • Location: The regulated area includes all waters of Portland Harbor between Peaks Island and East End Beach in Portland, Maine within the following points (NAD 83): 43°39′20″ N, 070°11′58″ W. 43°39′45″ N, 070°13′19″ W. 43°40′11″ N, 070°14′13″ W. 43°40′08″ N, 070°14′29″ W. 43°40′00″ N, 070°14′23″ W. 43°39′34″ N, 070°13′31″ W. 43°39′13″ N, 070°11′59″ W.

7.25 Friendship Lobster Boat Races ...... • Event Type: Power Boat Race. • Sponsor: Friendship Lobster Boat Race Committee. • Date: July 24, 2010. • Time: 9:30 am to 3 pm. • 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.

7.26 Arthur Martin Memorial Regatta ...... • Event Type: Row and Paddle Boat Race. • Sponsor: I Row. • Date: July 24, 2010. • Time: 10 am to 12 pm. • 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.

7.27 Harpswell Lobster Boat Races ...... • Event Type: Power Boat Race. • Sponsor: Harpswell Lobster Boat Race Committee. • Date: July 25, 2010. • Time: 10 am to 3 pm. • Location: The regulated area includes all waters of Potts Harbor, Maine within the following points (NAD 83): 43°43′55″ N, 070°02′36″ W. 43°44′23″ N, 070°02′14″ W. 43°44′16″ N, 070°01′51″ W. 43°43′48″ N, 070°02′24″ W.

8.0 August

8.1 Southport Rowgatta Row Boat Race ...... • Event Type: Row and Paddle Boat Race. • Sponsor: Boothbay Region YMCA. • Date: August 4, 2010. • Time: 8 am to 3 pm. • Location: The regulated area includes all waters of Sheepscot Bay and Booth Bay, on the shore side of Southport Island, Maine within the following points (NAD 83):

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8.0 August

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.

8.2 Westerlund’s Landing Party Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Portside Marina. • Date: August 7, 2010. • Time: 8 pm to 10:30 pm. • Location: In the vicinity of Westerlund′s Landing in South Gardiner, Maine in approximate position 44°10′19″ N, 069°45′24″ W (NAD 83).

8.3 Rockland Lobster Festival Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Rockland Festival Committee. • Date: August 7, 2010. • Time: 8 pm to 10:30 pm. • Location: In the vicinity of Rockland Ferry Terminal, Rockland, Maine in approximate position 44°06′19″ N, 069°06′06″ W (NAD 83).

8.4 Eggemoggin Reach Regatta ...... • Event Type: Regatta and Boat Parade. • Sponsor: Rockport Marine, Inc. and Brookline Boat Yard. • Date: August 7, 2010. • Time: 11 am to 7 pm. • 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.

8.5 Sprucewold Cabbage Island Swim ...... • Event Type: Swim. • Sponsor: Sprucewold Association. • Date: August 7, 2010. • Time: 1 pm to 6 pm. • Location: The regulated area includes all waters of Linekin Bay between Cabbage Island and Sprucewold Beach in Boothbay Harbor, Maine within the following points (NAD 83): 43°50′37″ N, 069°36′23″ W. 43°50′37″ N, 069°36′59″ W. 43°50′16″ N, 069°36′46″ W. 43°50′22″ N, 069°36′21″ W.

8.6 Y-Tri Triathlon ...... • Event Type: Swim. • Sponsor: Plattsburgh YMCA. • Date: August 7, 2010. • Time: 9 am to 10 am. • Location: The regulated area includes all waters of Treadwell Bay in the vicinity of Point Au Roche State Park, Plattsburgh, New York within the following points (NAD 83): 44°46′30″ N, 073°23′26″ W. 44°46′17″ N, 073°23′26″ W. 44°46′17″ N, 073°23′46″ W. 44°46′29″ N, 073°23′46″ W.

8.7 Lake Champlain Dragon Boat Festival ...... • Event Type: Row and Paddle Boat Race. • Sponsor: Dragonheart Vermont. • Date: August 8, 2010. • Time: 7 am to 5 pm. • 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.

8.8 Monhegan Island Race ...... • Event Type: Regatta and Boat Race. • Sponsor: Portland Yacht Club. • Date: August 12, 2010 through August 15, 2010. • Time: 11 am on day one until 10 am on day three.

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8.0 August

• Location: The regulated area for the start of the race includes all waters of Casco Bay, Maine in the vicinity of Long Island within the following points (NAD 83): 43°41′55″ N, 070°11′05″ W. 43°41′55″ N, 070°09′32″ W. 43°42′53″ N, 070°09′32″ W. 43°42′53″ N, 070°11′05″ W.

8.9 Greater Burlington YMCA Lake Swim ...... • Event Type: Swim. • Sponsor: Greater Burlington YMCA. • Date: August 14, 2010. • Time: 8 am to 6 pm. • Location: The regulated area includes all waters in Lake Champlain in the vicinity of North Hero Island within the following points (NAD 83): 44°46′55″ N, 073°22′14″ W. 44°47′08″ N, 073°19′05″ W. 44°46′48″ N, 073°17′13″ W. 44°46′09″ N, 073°16′39″ W. 44°41′08″ N, ;073°20′58″ W. 44°41′36″ N, 073°23′01″ W.

8.10 Winter Harbor Lobster Boat Races ...... • Event Type: Power Boat Race. • Sponsor: Winter Harbor Chamber of Commerce. • Date: August 14, 2010. • Time: 10 am to 3 pm. • 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.

8.11 Lake Champlain Antique Boat Show ...... • Event Type: Regatta and Boat Parade. • Sponsor: Lake Champlain Antique and Classic Boat Society. • Date: August 14, 2010. • Time: 5 pm to 6 pm. • 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′36″ W. 44°28′33″ N, 073°13′31″ W. 44°28′33″ N, 073°13′18″ W.

8.12 Tri for a Cure Triathlon ...... • Event Type: Swim. • Sponsor: Maine Cancer Foundation. • Date: August 15, 2010. • Time: 8 am to 2 pm. • Location: The regulated area includes all waters of Portland Harbor, Maine in the vicinity of Spring Point Light within the following points (NAD 83): 43°39′01″ N, 070°13′32″ W. 43°39′07″ N, 070°13′29″ W. 43°39′06″ N, 070°13′41″ W. 43°39′01″ N, 070°13′36″ W.

8.13 Merritt Brackett Lobster Boat Races ...... • Event Type: Power Boat Race. • Sponsor: Town of Bristol, Maine. • Date: August 15, 2010. • Time: 10 am to 3 pm. • 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.

8.14 MS Poker Run ...... • Event Type: Regatta and Boat Parade. • Sponsor: Maine Chapter, Multiple Sclerosis Society. • Date: August 21, 2010. • Time: 11 am to 2 pm. • Location: The regulated area for the start of the race includes all waters of Casco Bay, Maine in the vicinity of Little Diamond Island and Fort Gorges within the following points (NAD 83): 43°39′40″ N, 070°13′24″ W.

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8.0 August

43°39′33″ N, 070°13′24″ W. 43°39′33″ N, 070°13′13″ W. 43°39′40″ N, 070°13′13″ W.

8.15 Come Boating! Row Regatta ...... • Event Type: Row and Paddle Boat Race. • Sponsor: Come Boating! • Date: August 21, 2010. • Time: 9:30 am to 4 pm. • Location: The regulated area includes all waters of Belfast Bay, in the vicinity of Belfast, Maine within the following points (NAD 83): 44°25′50″ N, 069°00′00″ W. 44°25′14″ N, 068°58′08″ W. 44°25′03″ N, 068°58′16″ W. 44°25′43″ N, 068°00′13″ W.

8.16 MS Regatta ...... • Event Type: Regatta and Sailboat Race. • Sponsor: Maine Chapter, Multiple Sclerosis Society. • Date: August 21, 2010. • Time: 10 am to 4 pm. • 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.

8.17 Maine Retired Skippers Race ...... • Event Type: Regatta and Boat Race. • Sponsor: Maine Retired Skippers Race Committee. • Date: August 21, 2010. • Time: 12 pm to 6 pm. • Location: The regulated area for the start of the race includes all waters of Castine Harbor, Maine in the vicinity of Dice Head within the following points (NAD 83): 44°22′52″ N, 068°49′23″ W. 44°22′52″ N, 068°48′39″ W. 44°22′32″ N, 068°48′39″ W. 44°22′32″ N, 068°49′23″ W.

8.18 Tour Di Verona ...... • Event Type: Row and Paddle Boat Race. • Sponsor: Baldwin Boat Co. • Date: August 21, 2010. • Time: 12 pm to 3 pm. • Location: The regulated area includes all waters of the Penobscot River, on the shore side of Verona Island, Maine within the following points (NAD 83): 44°34′10″ N, 068°47′30″ W. 44°33′14″ N, 068°48′21″ W. 44°31′33″ N, 068°48′06″ W. 44°30′02″ N, 068°46′54″ W. 44°30′34″ N, 068°45′38″ W. 44°31′58″ N, 068°45′27″ W. 44°32′42″ N, 068°46′05″ W. 44°33′58″ N, 068°46′35″ W.

8.19 MS Harborfest Tugboat Muster ...... • Event Type: Power Boat Race. • Sponsor: Maine Chapter, National Multiple Sclerosis Society. • Date: August 22, 2010. • Time: 10 am to 3 pm. • Location: The regulated area includes all waters of Portland Harbor, Maine 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.

8.20 Rockland Breakwater Swim ...... • Event Type: Swim. • Sponsor: Pen-Bay Masters. • Date: August 28, 2010. • Time: 8:30 am to 12:30 pm. • Location: The regulated area includes all waters of Rockland Harbor, Maine in the vicinity of Jameson Point within the following points (NAD 83): 44°06′15″ N, 069°04′38″ W.

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8.0 August

44°06′13″ N, 069°04′36″ W. 44°06′12″ N, 069°04′43″ W. 44°06′17″ N, 069°04′44″ W. 44°06′17″ N, 069°04′40″ W.

9.0 September

9.1 Windjammer Weekend Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Camden, Maine. • Date: September 3, 2010. • Time: 8 pm to 10:30 pm. • Location: From a barge in the vicinity of Northeast Point, Camden Har- bor, Maine in approximate position 44°12′32″ N, 069°02′58″ W (NAD 83).

9.2 Windjammer Weekend ...... • Event Type: Regatta and Boat Parade. • Sponsor: Windjammer Weekend Committee. • Date: September 4, 2010 through September 6, 2010. • Time: 9 am to 10 pm. • Location: The regulated area includes all waters in Camden Harbor, Camden, Maine within the following points (NAD 83): 44°12′13″ N, 069°03′18″ W. 44°12′33″ N, 069°02′47″ W.

9.3 The Lobsterman Triathlon ...... • Event Type: Swim. • Sponsor: Tri-Maine Productions. • Date: September 18, 2010. • Time: 8 am to 10 am. • Location: The regulated area includes all waters in the vicinity of Winslow Park in South Freeport, Maine within the following points (NAD 83): 43°47′59″ N, 070°06′56″ W. 43°47′44″ N, 070°06′56″ W. 43°47′44″ N, 070°07′27″ W. 43°47′57″ N, 070°07′27″ W.

9.4 Eliot Festival Day Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Eliot Festival Day Committee. • Date: September 25, 2010. • Time: 8 pm to 10:30 pm. • Location: In the vicinity of Eliot Town Boat Launch, Eliot, Maine in approximate position 43°08′56″ N, 070°49′52″ W (NAD 83).

(b) Notification. Coast Guard Sector (e) Regulations. (1) The general regu- Northern New England will cause no- lations contained in 33 CFR 165.23 tice of the enforcement of these tem- apply. During the enforcement period, porary safety zones to be made by all entry into, transiting through, remain- appropriate means to affect the widest ing, mooring or anchoring within these publicity among the effected segments safety zones is prohibited unless au- of the public, including publication in thorized by the Captain of the Port or the Local Notice to Mariners and his designated representatives. Broadcast Notice to Mariners. (2) These temporary safety zones are (c) Effective period. This rule is effec- closed to all vessel traffic, except as tive from 8 p.m. on July 3, 2010 through may be permitted by the Captain of the 11:59 p.m. on September 29, 2010. Port or his designated representatives. (d) Enforcement period. This section Vessel operators given permission to will be enforced for the duration of enter or operate in the safety zones each event indicated in the table must comply with all directions given above. If the event is cancelled due to to them by the Captain of the Port or inclement weather, this section is in his designated representatives. Vessels effect for the day following the sched- that are granted permission to enter or uled time listed in the table above or remain within a safety zone may be re- as indicated in the Local Notice to quired to be at anchor or moored to a Mariners. Notification of events held waterfront facility such that the ves- on a rain date will be made by Broad- sel’s location will not interfere with cast Notice to Mariners. the progress of the event. At all times

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when a vessel has been granted permis- tice of the enforcement of this tem- sion to enter within a safety zone, it porary safety zone to be made by all shall endeavor to maintain at least 50 appropriate means to effect the widest yards distance from any event partici- publicity among the affected segments pant unless otherwise directed. of the public, including publication in (3) The ‘‘designated representative’’ the Local Notice to Mariners and is any Coast Guard commissioned, war- Broadcast Notice to Mariners. rant or petty officer who has been des- (c) Effective period. This safety zone is ignated by the Captain of the Port to effective from 12:01 a.m. on June 15, act on his behalf. The on-scene rep- 2010, until 11:59 p.m. on July 5, 2010. resentative may be on a Coast Guard (d) The safety vessel, a state or local law enforcement Enforcement Period. vessel, or other designated craft, or zone in this section will be enforced may be on shore and will communicate while the drill ship STENA FORTH is with vessels via VHF–FM radio or at anchor in Penobscot Bay, Maine. loudhailer. In addition, members of the (e) Regulations. (1) The general regu- Coast Guard Auxiliary may be present lations contained in 33 CFR 165.23 to inform vessel operators of this regu- apply. During the enforcement period, lation. entry into, transiting, mooring, an- (4) Vessel operators desiring to enter choring or remaining within this safety or operate within the safety zones shall zone is prohibited unless authorized by request permission to do so by con- the Captain of the Port or his des- tacting the Captain of the Port Sector ignated representatives. Northern New England at 207–767–0303, (2) This temporary safety zone is or via VHF Channel 16. closed to all vessel traffic, except as (5) The Captain of the Port or his des- may be permitted by the Captain of the ignated representative may direct the Port or his designated representative. delay, cancellation, or relocation of Vessel operators given permission to the specific area to be regulated within enter or operate in the safety zone the generally described locations listed must comply with all directions given in the EVENTS TABLE above to en- to them by the Captain of the Port or sure safety and compliance with environmental laws. Such changes in im- his designated representatives. plementation of the safety zones may (3) The ‘‘designated representative’’ be required as a result of factors that is any Coast Guard commissioned, war- could affect their associated marine rant, or petty officer who has been des- events such as weather, vessel traffic ignated by the Captain of the Port to density, spectator activities, partici- act on his behalf. The on-scene rep- pant behavior or potential environ- resentative may be on a Coast Guard mental impacts. vessel, a Coast Guard Auxiliary vessel, or onboard a local or state agency ves- EFFECTIVE DATE NOTE: By USCG–2010–0315, 75 FR 32285, June 8, 2010, temporary § 165.T01– sel that is authorized to act in support 0315 was added, effective June 8, 2010 through of the Coast Guard. In addition, mem- 11:59 p.m. on Sept. 29, 2010. bers of the Coast Guard Auxiliary or Cianbro repair crew may be present to § 165.T01–0519 Safety zone; ship repair inform vessel operators of this regula- in Penobscot Bay, ME. tion. (a) Location. The following area is a (4) Vessel operators desiring to enter safety zone: All waters within a 100 or operate within the safety zone shall yard radius of the drill ship STENA contact the Captain of the Port or his FORTH while at anchor in Penobscot designated representative by telephone Bay, Maine, in approximate position: at 207–767–0303 or via VHF radio chan- 44°06′54″ N., 069°02′54″ W., one mile nel 16 to obtain permission to do so. northeast of Rockland Harbor Break- water Light (LLNR 4130), and approxi- EFFECTIVE DATE NOTE: By USCG–2010–0519, mately one and a half miles north of 75 FR 35301, June 22, 2010, temporary Owl’s Head, Maine. § 165.T01–0519 was added, effective June 22, (b) Notification. Coast Guard Sector 2010 through 11:59 p.m. on July 5, 2010. Northern New England will cause no-

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§ 165.T01–0542 Safety Zones: Neptune (4) Upon being hailed by an author- Deepwater Port, Atlantic Ocean, ized representative by siren, radio, Boston, MA. flashing light or other means, the oper- (a) Location. The following areas are ator of the vessel shall proceed as di- safety zones: All navigable waters of rected. the United States within a 500-meter (5) Persons and vessels may contact radius of each of the two STL buoys of the Coast Guard to request permission the Neptune Deepwater Port, marked to enter the zone on VHF–FM Channel on the surface of the water by several 16 or via phone at 617–223–5761. small, white buoys labeled LNG with [USCG–2010–0542, 75 FR 34932, June 21, 2010] red flags and radar-reflected buoys known as ‘‘Hi Flyers’’ located at ap- EFFECTIVE DATE NOTE: By USCG–2010–0542, proximate positions 42°29′12.3″ N, 75 FR 34932, June 21, 2010, temporary 070°36′29.7″ W and 42° 27′20.5″ N, § 165.T01–0542 was added, effective June 21, 070°36′07.3″ W. [NAD83]. 2010 until 11:59 p.m., Dec. 31, 2010. (b) Notification. Coast Guard Sector Boston will cause notice of the enforce- § 165.100 Regulated Navigation Area: Navigable waters within the First ment of this temporary safety zone to Coast Guard District. be made by all appropriate means to affect the widest publicity among the ef- (a) Regulated navigation area. All nav- fected segments of the public, includ- igable waters of the United States, as ing publication in the Local Notice to that term is used in 33 CFR 2.36, within Mariners and Broadcast Notice to the geographic boundaries of the First Mariners. Coast Guard District, as defined in 33 (c) Enforcement period. This safety CFR 3.05–1(b). zone will be enforced at 12:01 a.m. Sat- (b) Definitions. Terms used in this urday June 12, 2010 until 11:59 p.m. De- section have the same meaning as cember 31, 2010. those found in 33 CFR 157.03. Single- (d) Definitions. As used in this sec- hull identifies any tank barge that is tion: not a double-hull tank barge. Authorized representative means a (c) Applicability. This section applies Coast Guard commissioned, warrant, or to primary towing vessels engaged in petty officer or a Federal, State, or towing tank barges carrying petroleum local law enforcement officer des- oil in bulk as cargo in the regulated ignated by or assisting the Captain of navigation area, or as authorized by the Port Boston (COTP). the District Commander. Deepwater port means any facility or (d) Regulations—(1) Positive control for structure meeting the definition of barges. (i) Except as provided in para- deepwater port in 33 CFR 148.5. graph (d)(1)(iii) and paragraph 5 of this Support vessel means any vessel meet- section, each single hull tank barge, ing the definition of support vessel in unless being towed by a primary tow- 33 CFR 148.5. ing vessel with twin-screw propulsion (e) Regulations. (1) The general regu- and with a separate system for power lations contained in 33 CFR 165.23 to each screw, must be accompanied by apply. an escort tug of sufficient capability to (2) In accordance with the general promptly push or tow the tank barge regulations entry into or movement away from danger of grounding or col- within these safety zones is prohibited lision in the event of— unless authorized by the Captain of the (A) A propulsion failure; Port Boston. Liquefied Natural Gas (B) A parted towing line; Carrier vessels and related Support Vessels calling on the Neptune Deep- (C) A loss of tow; water Port are authorized to enter and (D) A fire; move within the safety zones of this (E) Grounding; section in the normal course of their (F) A loss of steering; or operations. (G) Any other time a vessel may be (3) All persons and vessels shall com- operating in a Hazardous Vessel Oper- ply with the Coast Guard Captain of ating Condition as defined in § 161.2 of the Port or authorized representative. this Chapter.

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(ii) Double-hull tank barges are ex- (xiv) Approach to Point Judith in vi- empt from paragraph (d)(1)(i) of this cinity of Block Island ferry route. section. (xv) Buzzards Bay Entrance Light (iii) The cognizant Captain of the (LLNR 630). Port (COTP), upon written application, (xvi) Buzzards Bay Midchannel Light- may authorize an exemption from the ed Buoy (LLNR 16055) requirements of paragraph (d)(1)(i) of (xvii) Cleveland East Ledge Light this section for— (LLNR 16085). (A) Any tank barge with a capacity (xviii) Hog Island buoys 1 (LLNR of less than 25,000 barrels, operating in 16130) and 2 (LLNR 16135). an area with limited depth or width (xix) Approach to the Bourne Bridge. such as a creek or small river; or (xx) Approach to the Sagamore (B) Any tank barge operating on any Bridge. waters within the COTP Zone, if the (xxi) Approach to the eastern en- operator demonstrates to the satisfac- trance of Cape Cod Canal. tion of the COTP that the barge em- ploys an equivalent level of safety to (3) Voyage planning. (i) Each owner or that provided by the positive control operator of a towing vessel employed provisions of this section. Each request to tow a tank barge shall prepare a for an exemption under this paragraph written voyage plan for each transit of must be submitted in writing to the the tank barge. cognizant COTP no later than 7 days (ii) The watch officer is authorized to before the intended transit. make modifications to the plan and (iv) The operator of a towing vessel validate it as necessary. engaged in towing any tank barge must (iii) Except as provided in paragraph immediately call for an escort or assist (d)(3)(iv) of this section, each voyage tug to render assistance in the event of plan must contain: any of the occurrences identified in (A) A description of the type, volume, paragraph (d)(1)(i) of this section. and grade of cargo. (2) Enhanced communications. Each (B) Applicable information from nau- vessel engaged in towing a tank barge tical charts and publications, including must communicate by radio on marine Coast Pilot, Coast Guard Light List, band or Very High Frequency (VHF) and Coast Guard Local Notice to Mari- channel 13 or 16, and issue security ners, for the destination(s). calls on marine band or VHF channel (C) Current and forecasted weather, 13 or 16, upon approach to the following including visibility, wind, and sea state places: for the destination(s). (i) Execution Rocks Light (USCG (D) Data on tides and tidal currents Light List No. [LLNR] 21440). for the destination(s). (ii) Matinecock Point Shoal Buoy (E) Forward and after drafts of the (LLNR 21420). tank barge, and under-keel and vertical (iii) 32A Buoy (LLNR 21380). clearances for each port and berthing (iv) Cable and Anchor Reef Buoy area. (LLNR 21330). (F) Pre-departure checklists. (v) Stratford Middle Ground Light (G) Calculated speed and estimated (LLNR 21260). times of arrival at proposed waypoints. (vi) Old Field Point Light (LLNR (H) Communication contacts at Ves- 21275). sel Traffic Service (VTS) (if applica- (vii) Approach to Stratford Point ble), bridges, and facilities, and port- from the south (NOAA Chart 12370). specific requirements for VHF radio. (viii) Falkner Island Light (LLNR (I) The master’s standing orders de- 21170). tailing closest points of approach, spe- (ix) TE Buoy (LLNR 21160). cial conditions, and critical maneu- (x) CF Buoy (LLNR 21140). vers. (xi) PI Buoy (LLNR 21080). (iv) Each owner or operator of a tank (xii) Race Rock Light (LLNR 19815). barge on an intra-port transit of not (xiii) Valiant Rock Buoy (LLNR more than four hours may prepare a 19825). voyage plan that contains:

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(A) The information described in (C) A loss of tow; paragraphs (d)(3)(iii)(D) and (E) of this (D) A fire; section. (E) Grounding; (B) Current weather conditions in- (F) A loss of steering; or cluding visibility, wind, and sea state. (G) Any other time a vessel may be This information may be entered in ei- operating in a Hazardous Vessel Oper- ther the voyage plan or towing vessel’s ating Condition as defined in § 161.2 of log book. this subchapter. (C) The channels of VHF radio to monitor. (iii) Federal pilotage. Each single hull (D) Other considerations such as tank barge transiting Buzzards Bay availability of pilot, assist tug, berth, and carrying 5,000 or more barrels of oil and line-handlers, depth of berth at or other hazardous material must be mean low water, danger areas, and se- under the direction and control of a curity calls. pilot, who is not a member of the crew, (4) Navigation restriction areas. Unless operating under a valid, appropriately authorized by the cognizant COTP, no endorsed, Federal first class pilot’s li- tank barge may operate in— cense issued by the Coast Guard (‘‘fed- (i) The waters of Cape Cod Bay south erally licensed pilot’’). Pilots are re- of latitude 42°5′ North and east of lon- quired to embark, direct, and control gitude 70°25′ West; or from the primary tug during transits of (ii) The waters of Fishers Island Buzzards Bay. Sound east of longitude 72°2′ West, and (iv) In addition to the vessels denoted west of longitude 71°55′ West. in § 161.16 of this chapter, requirements (5) Special Buzzards Bay regulations. set forth in subpart B of 33 CFR part (i) For the purposes of this section, 161 also apply to any vessel transiting ‘‘Buzzards Bay’’ is the body of water VMRS Buzzards Bay required to carry east and north of a line drawn from the a bridge-to-bridge radiotelephone by southern tangent of Sakonnet Point, part 26 of this chapter. Rhode Island, in approximate position (A) A VMRS Buzzards Bay user must: latitude 41°–27.2′ North, longitude 70°– 11.7′ West, to the Buzzards Bay En- (1) Not enter or get underway in the trance Light in approximate position area without first notifying the VMRS latitude 41°–23.5′ North, longitude 71°– Center; 02.0′ West, and then to the south- (2) Not enter VMRS Buzzards Bay if a western tangent of Cuttyhunk Island, Hazardous Vessel Operating Condition Massachusetts, at approximate posi- or circumstance per § 161.2 of this Sub- tion latitude 41°–24.6′ North, longitude chapter exists; 70°–57.0′ West, and including all of the (3) If towing astern, do so with as Cape Cod Canal to its eastern entrance, short a hawser as safety and good sea- except that the area of New Bedford manship permits; harbor within the confines (north) of (4) Not meet, cross, or overtake any the hurricane barrier, and the passages other VMRS user in the area without through the Elizabeth Islands, is not first notifying the VMRS center; considered to be ‘‘Buzzards Bay’’. (5) Before meeting, crossing, or over- (ii) Additional positive control for taking any other VMRS user in the barges. Except as provided in paragraph area, communicate on the designated (d)(1)(iii) of this section, each single vessel bridge-to-bridge radiotelephone hull tank barge transiting Buzzards Bay and carrying 5,000 or more barrels frequency, intended navigation move- of oil or other hazardous material ments, and any other information nec- must, in addition to its primary tug, be essary in order to make safe passing accompanied by an escort tug of suffi- arrangements. This requirement does cient capability to promptly push or not relieve a vessel of any duty pre- tow the tank barge away from danger scribed by the International Regula- of grounding or collision in the event tions for Prevention of Collisions at of— Sea, 1972 (33 U.S.C. 1602(c)) or the In- (A) A propulsion failure; land Navigation Rules (33 U.S.C. 2005). (B) A parted tow line; (B) [Reserved]

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(e) In addition to the authority for (2) No person may swim upon or this part 165, this section is also au- below the surface of the water within thorized under authority of section 311, the boundaries of this security zone. Pub. L. 105–383. [CGDI 89–008, 54 FR 13883, Apr. 6, 1989] [CGD1–98–151, 63 FR 71770, Dec. 30, 1998, as amended by CGD01–98–151, 64 FR 12749, Mar. § 165.103 Safety and Security Zones; 15, 1999; USCG–1999–5832, 64 FR 34715, June 29, LPG Vessel Transits in Portland, Maine, Captain of the Port Zone, 1999; CGD01–98–151, 65 FR 35838, June 6, 2000; Portsmouth Harbor, Portsmouth, CGD01–04–133, 72 FR 50058, Aug. 30, 2007; 72 New Hampshire. FR 70780, Dec. 13, 2007; USCG–2008–0179, 73 FR 35016, June 19, 2008] (a) Location. The following areas are safety and security zones: (1) Except as § 165.101 Kittery, Maine—regulated provided in paragraph (a) (2) of this navigation area. section, all navigable waters of the (a) The following is a regulated navi- Portland, Maine, Captain of the Port gation area—Waters within the bound- zone, as defined in 33 CFR 3.05–15, one aries of a line beginning at 43°04′50″ N, mile ahead, one half mile astern, and 1000-yards on either side of any Lique- 70°44′52″ W; then to 43°04′52″ N, 70°44′53″ fied Petroleum Gas vessel. W; then to 43°04′59″ N, 70°44′46″ W; then (2) All waters of the Piscataqua River to 43°05′05″ N, 70°44′32″ W; then to ° ′ ″ ° ′ ″ within a 500-yard radius of any Lique- 43 05 03 N, 70 44 30 W; then to the be- fied Petroleum Gas (LPG) vessel while ginning point. it is moored at the LPG receiving facil- (b) Regulations. No vessel may oper- ity on the Piscataqua River, ate in this area at a speed in excess of Newington, New Hampshire. five miles per hour. (b) Definitions. For purposes of this section, navigable waters of the United § 165.102 Security Zone: Walkers Point, States includes all waters of the terri- Kennebunkport ME. torial sea as described in Presidential (a) Location. The following area is a Proclamation No. 5928 of December 27, security zone: From point of land lo- 1988. Presidential Proclamation No. cated on Cape Arundel at latitude 5928 of December 27, 1988 declared that 43°20.4′ North, Iongitude 070°28.0′ West; the territorial sea of the United States thence to a point approximately 500 extends to 12 nautical miles from the yards southwest of Walkers Point lo- baseline of the United States. cated at latitude 43°20.2′ North, lon- (c) Regulations. (1) In accordance with gitude 070°27.9′ West; thence to a point the general regulations in §§ 165.23 and located approximately 500 yards south 165.33 of this part, entry into or move- of Walkers Point at latitude 43°20.1′ ment within these zones is prohibited North, longitude 070°27.6′ West; thence unless previously authorized by the to a point located approximately Captain of the Port (COTP), Portland, southeast of Walkers Point at latitude Maine. 43°20.4′ North, longitude 070°27.2′ West; (2) All persons and vessels shall comply with the instructions of the COTP thence to an unnamed point of land lo- or the designated on-scene U.S. Coast cated at 43°20.9′ North, longitude Guard patrol personnel. On-scene Coast 070°27.1′ West; thence along the shore- Guard patrol personnel include com- line of Walkers Point to the beginning missioned, warrant, and petty officers point. The aforementioned offshore po- of the Coast Guard on board Coast sitions are approximated by white Guard, Coast Guard Auxiliary, and buoys marked in orange indicating an local, state, and federal law enforce- exclusionary area. ment vessels. Emergency response ves- (b) Regulations. (1) In accordance with sels are authorized to move within the the general regulations in § 165.33 of zone, but must abide by restrictions this part, entry into this zone is pro- imposed by the Captain of the Port. hibited unless authorized by the Cap- (3) No person may swim upon or tain of the Port, Portland, Maine. Sec- below the surface of the water within tion 165.33 also contained other general the boundaries of the safety and secu- requirements. rity zones unless previously authorized

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by the Captain of the Port, Portland, pay a port call, in the Portland, Maine, Maine or his authorized patrol rep- Captain of the Port zone as delineated resentative. in 33 CFR 3.05–15. (d) The Captain of the Port will no- (b) Location. The following areas are tify the maritime community and local security zones: agencies of periods during which these (1) All navigable waters within the safety and security zones will be in ef- Portland, Maine, Captain of the Port fect by providing notice of arrivals and Zone, extending from the surface to the departures of LPG vessels via the tele- sea floor, within a 100-yard radius of phone and/or Marine Safety Informa- any passenger vessel that is anchored, tion Radio Broadcasts. moored, or in the process of mooring. [CGD01–02–045, 67 FR 56487, Sept. 4, 2002] (2) All navigable waters, within the Portland, Maine, Captain of the Port § 165.104 Safety Zone: Vessel Zone, extending from the surface to the Launches, Bath Iron Works, Ken- sea floor, extending 200 yards ahead, nebec River, Bath, Maine. and 100 yards aside and astern of any (a) Location. The following is a safety passenger vessel that is underway. zone: all waters of the Kennebec River (c) Regulations. (1) In accordance with within a 150-yard radius of the Bath the general regulations in § 165.33 of Iron Works dry dock while it is being this part, entry into or movement moved to and from its moored position within these zones is prohibited unless at the Bath Iron Works Facility in previously authorized by the Coast Bath, Maine to a deployed position in Guard Captain of the Port, Portland, the Kennebec River, and while launch- Maine (COTP) or his designated rep- ing or recovering vessels. resentative. (b) Regulations. (1) In accordance with (2) All persons and vessels must com- the general regulations in § 165.23 of ply with the instructions of the COTP this part, entry into or movement or the designated on-scene Coast Guard within this zone is prohibited unless patrol personnel. On-scene Coast Guard authorized by the Captain of the Port, patrol personnel include commissioned, Portland, Maine. warrant and petty officers of the Coast (2) All vessel operators shall comply Guard on board Coast Guard, Coast with the instructions of the COTP or Guard Auxiliary, and local, state and the designated on-scene U. S. Coast federal law enforcement vessels. Emer- Guard patrol personnel. On-scene Coast gency response vessels are authorized Guard patrol personnel include com- to move within the zone, but must missioned, warrant and petty officers abide by restrictions imposed by the of the Coast Guard on board Coast COTP or his designated representative. Guard, Coast Guard Auxiliary, local, (3) No person may swim upon or state and federal law enforcement vessels. below the surface of the water within (c) Notifications. The Captain of the the boundaries of these security zones Port will notify the maritime commu- unless previously authorized by the nity of periods during which this safety COTP or his designated representative. zone will be in effect by providing ad- (d) Enforcement. The Captain of the vance notice via Marine Safety Infor- Port will enforce these zones and may mation Radio Broadcasts. enlist the aid and cooperation of any Federal, state, county, municipal, or [CGD01–01–155, 67 FR 49582, July 31, 2002] private agency to assist in the enforcement of the regulation. § 165.105 Security Zones; Passenger Vessels, Portland, Maine, Captain of [CGD01–03–001, 68 FR 22305, Apr. 28, 2003] the Port Zone. (a) Definition. ‘‘Passenger vessel’’ as § 165.106 Security Zone: Seabrook Nu- used in this section means a passenger clear Power Plant, Seabrook, New vessel over 100 gross tons authorized to Hampshire. carry more than 500 passengers for hire (a) Location. The following area is a making voyages, any part of which is security zone: All land and waters on the high seas, and for which pas- within 250 yards of the waterside prop- sengers are embarked, disembarked or erty boundary of Seabrook Nuclear

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Power Plant identified as follows: be- dius of any anchored LNGC vessel lo- ginning at position 42°53′58″ N, 070°51′06″ cated in the waters of Broad Sound W then running along the property bounded by a line starting at position boundaries of Seabrook Nuclear Power 42 deg. 25′ N, 070 deg. 58′ W; then run- Plant to position 42°53′46″ N, 070°51′06″ ning southeast to position 42 deg. 22′ N, W. All coordinates reference 1983 North 070 deg. 56′ W; then running east to po- American Datum (NAD 83). sition 42 deg. 22′ N, 070 deg. 50′ W; then (b) Regulations. (1) In accordance with running north to position 42 deg. 25′ N, the general regulations in § 165.33 of 070 deg. 50′ W; then running west back this part, entry into or movement to the starting point (NAD 83). within this zone is prohibited unless (3) Vessels moored at the Distrigas LNG authorized by the Captain of the Port, facility. All waters within a 400-yard ra- Portland, Maine (COTP). dius of any LNGC vessel moored at the (2) All persons and vessels shall com- Distrigas LNG facility in Everett, MA. ply with the instructions of the Coast (4) Vessels calling on a deepwater port. Guard Captain of the Port, Portland, All waters within a 500-meter radius of Maine or designated on-scene U.S. any LNGC engaged in regasification or Coast Guard patrol personnel. On-scene transfer, or otherwise moored, an- Coast Guard patrol personnel include chored, or affixed to a deepwater port commissioned, warrant, and petty offi- listed in 33 CFR 150.490 and falling cers of the Coast Guard on board Coast within the waters of the Boston COTP Guard, Coast Guard Auxiliary, local, Zone, as defined in 33 CFR 3.05–10. state and federal law enforcement ves- (c) Regulations. (1) In accordance with sels. the general regulations in Sec. 165.23 (3) No person may swim upon or and Sec. 165.33 of this part, entry into below the surface of the water within or movement within these zones is pro- the boundaries of this security zone. hibited unless authorized by the Cap- tain of the Port Boston, or his/her au- [CGD01–02–092, 67 FR 64815, Oct. 22, 2002] thorized representative. § 165.110 Safety and Security Zone; (2) No person or vessel may enter the Liquefied Natural Gas Carrier waters within the boundaries of the Transits and Anchorage Operations, safety and security zones described in Boston, Massachusetts. paragraph (b) of this section unless pre- (a) Definitions. As used in this sec- viously authorized by the COTP Bos- tion— ton, or his/her authorized representa- Authorized representative means a tive. However, LNGCs and support ves- Coast Guard commissioned, warrant, or sels, as defined in 33 CFR 148.5, oper- petty officer or a Federal, State, or ating in the vicinity of NEGDWP are local law enforcement officer des- authorized to enter and move within ignated by or assisting the Captain of such zones in the normal course of the Port (COTP) Boston. their operations following the require- Deepwater port means any facility or ments set forth in 33 CFR 150.340 and structure meeting the definition of 150.345, respectively. deepwater port in 33 CFR 148.5. (3) All vessels operating within the Support vessel means any vessel meet- safety and security zones described in ing the definition of support vessel in paragraph (b) of this section must com- 33 CFR 148.5. ply with the instructions of the COTP (b) Location. The following areas are or his/her authorized representative. safety and security zones: [CGD01–02–023, 67 FR 63263, Oct. 11, 2002, as (1) Vessels underway. All navigable amended by USCG–2007–0087, 73 FR 34194, waters of the United States within the June 17, 2008] Captain of the Port (COTP) Boston zone, as defined in 33 CFR 3.05–10, two § 165.111 Safety Zone: Boston Harbor, miles ahead and one mile astern, and Boston, Massachusetts. 500 yards on each side of any liquefied (a) The following areas are estab- natural gas carrier (LNGC) vessel while lished as safety zones during the condi- underway. tions specified: (2) Vessels anchored in the Broad (1) Around the U.S.S. Constitution or Sound. All waters within a 500-yard ra- any accompanying parade vessels when

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Constitution is under way—300 yards in be activated in part, or in whole, upon all directions in the waters around the the request of the U.S. Secret Service. U.S.S. Constitution and each parade ves- These zones are for the protection of sel accompanying Constitution when- the President or Vice President of the ever the U.S.S. Constitution is under- United States, as well as visiting heads way in Boston Harbor from the time of foreign states or foreign govern- such vessels depart their respective ments arriving at, or departing from, berths until the time they complete Logan International Airport and as de- their transit and are safely moored. termined by the transit route across (2) Whenever Constitution is moored Boston Harbor. The security zone will at Pier 1, Charlestown Navy Yard—the be as follows: waters between Hoosac Pier and Pier 1, (1) Sector one will go into effect 15 Charlestown Navy Yard, from the minutes prior to the scheduled landing imaginary line connecting the outer or takeoff of the aircraft carrying ei- easternmost point protruding into Bos- ther the President, Vice President, or ton Harbor from Hoosac Pier to the visiting heads of foreign states or for- outer westernmost point protruding eign governments at Logan Inter- into Boston Harbor from Pier 1, national Airport. Sector one will pre- Charlestown Navy Yard, extending include all vessels from approaching bound along the face of both piers to within three hundred yards of the the landside points where both piers Logan International Airport shoreline, end. bound on the west by a line drawn be- (3) Around the U.S.S. Constitution— tween positions 42°22′45″ N., 071°01′05″ fifty yards in all directions in the wa- W. and 42°21′48″ N., 071°01′45″ W. (NAD) ters around Constitution when the ves- 1983). sel is moored at any Boston berthing (2) Sector two will go into effect 15 location other than Pier 1, Charlestown minutes before the vehicle carrying the Navy Yard. President, Vice President, or visiting (b) The general regulations governing heads of foreign states or foreign gov- safety zones as contained in 33 CFR ernments enters the Callahan Tunnel 165.23 apply. or Sumner Tunnel. Sector two may preclude vessels, as necessary, from en- [CGD1 91–109, 57 FR 30407, July 9, 1992] tering an area of the main ship chan- § 165.112 Safety Zone: USS CASSIN nel, Boston Inner Harbor; fifty yards in YOUNG, Boston, Massachusetts. all directions from a point directly above the Callahan Tunnel or Sumner (a) Location. The following area is a Tunnel. safety zone: (3) Sector three will go into effect 15 Around the USS CASSIN YOUNG minutes before the vehicle carrying the (DD–793) and any accompanying parade President, Vice President, or visiting vessels when the USS CASSIN YOUNG heads of foreign states or foreign gov- is underway. The zone extends 100 ernments enters the Ted Williams Tun- yards in all directions in the waters nel. Sector three may preclude vessels, around the USS CASSIN YOUNG and as necessary, from entering an area of accompanying parade vessels whenever the main ship channel, Boston Inner the USS CASSIN YOUNG is underway Harbor, fifty yards in all directions in Boston Harbor from the time the from a point directly above the Ted USS CASSIN YOUNG departs its berth Williams Tunnel. until it is safely moored. (4) Sector four will go into effect 15 (b) Regulations. The general regula- minutes before the President, Vice tions governing safety zones as con- President, or visiting heads of foreign tained in 33 CFR 165.23 apply. states or foreign governments board [CGD01–93–001, 58 FR 47991, Sept. 14, 1993] the designated transport vessel. Sector four will preclude all vessels from ap- § 165.113 Security Zone: Dignitary ar- proaching within three hundred yards rival/departure Logan International in all directions from the designated Airport, Boston, MA vessel transporting the President, Vice (a) Location. The permanent security President, or visiting heads of foreign zone consists of four sectors that may states or foreign governments between

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Logan International Airport and any missioned, warrant, and petty officers location in Boston Harbor. of the Coast Guard on board Coast (5) The activation of a particular sec- Guard, Coast Guard Auxiliary, local, tor of this security zone will be an- state, and federal law enforcement ves- nounced via Safety Marine Information sels. Broadcasts and/or by locally issued no- [CGD01–01–227, 67 FR 20912, Apr. 29, 2002, as tices. amended by CGD01–01–227, 67 FR 63265, Oct. (b) Regulations. (1) The general regu- 11, 2002] lations covering security zones contained in 33 CFR 165.33 apply. § 165.115 Safety and Security Zones; (2) All persons and vessels shall com- Pilgrim Nuclear Power Plant, Plym- ply with the instructions of the Coast outh, Massachusetts. Guard Captain of the Port or the des- (a) Location. All waters of Cape Cod ignated on scene patrol personnel. Bay and land adjacent to those waters Coast Guard patrol personnel include enclosed by a line beginning at position commissioned, warrant, and petty offi- 41°56′59.3″ N, 070°34′58.5″ W; thence to cers of the Coast Guard. Upon being 1°57′12.2″ N, 070°34′41.9″ W; thence to hailed by a Coast Guard vessel via 41°56′42.3″ N, 070°34′00.1″ W; thence to siren, radio, flashing light, or other 41°56′29.5″ N, 070°34′14.5″ W. means, the operator of a vessel shall (b) Regulations. (1) In accordance with proceed as directed. the general regulations in §§ 165.23 and [CGD01–97–004, 63 FR 16117, Apr. 2, 1998] 165.33 of this part, entry into or movement within these zones is prohibited § 165.114 Safety and Security Zones: unless authorized by the Captain of the Escorted Vessels—Boston Harbor, Port Boston. Massachusetts. (2) All vessel operators shall comply (a) Location. The following waters with the instructions of the COTP or within the Boston Captain of the Port the designated on-scene U.S. Coast Zone, 1000 yards ahead and astern, and Guard patrol personnel. On-scene Coast 100 yards on each side of any des- Guard patrol personnel include com- ignated escorted vessel, are established missioned, warrant, and petty officers as safety and security zones: All waters of the Coast Guard on board Coast of Boston Inner Harbor, including the Guard, Coast Guard Auxiliary, local, waters of the Mystic River, Chelsea state, and federal law enforcement ves- River, and Reserved Channel west of a sels. line running from Deer Island Light, at (3) No person may enter the waters or position 42°20′25″ N, 070°57′15″ W, to land area within the boundaries of the Long Island, at position 42°19′48″ N, safety and security zones unless pre- 070°57′15″ W, and west of the Long Is- viously authorized by the Captain of land Bridge, running from Long Island the Port, Boston or his authorized pa- to Moon Head. trol representative. (b) Escorted vessel definition. For the [CGD01–02–002, 67 FR 37693, May 30, 2002, as purposes of this section, escorted ves- amended by USCG–2009–0311, 74 FR 50925, Oct. sels operating in Boston Harbor include 2, 2009] the following: Any vessels deemed to be in need of escort protection by the Cap- § 165.116 Safety and Security Zones; tain of the Port, Boston for security Salem and Boston Harbors, Massa- reasons. chusetts. (c) Regulations. (1) In accordance with (a) Location. The following areas are the general regulations in §§ 165.23 and permanent safety and security zones: 165.33 of this part, entry into or move- (1) Reserved Channel, Boston Harbor. ment within this zone is prohibited un- All waters of Boston Harbor within one less authorized by the Captain of the hundred fifty (150) yards off the bow Port Boston. and stern and one hundred (100) yards (2) All vessel operators shall comply abeam of any vessel moored at the with the instructions of the COTP or Massachusetts Port Authority Black the designated on-scene U.S. Coast Falcon Terminal; Guard patrol personnel. On-scene Coast (2) Boston Inner Harbor. All waters of Guard patrol personnel include com- Boston Harbor within one hundred (100)

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feet of the Coast Guard Integrated Sup- (b) Definitions. As used in this sec- port Command (ISC) Boston piers and; tion— (3) Salem Harbor. All waters of Salem Authorized representative means a Harbor within a two-hundred and fifty Coast Guard commissioned, warrant, or (250) yard radius of the center point of petty officer or a Federal, State, or the PG & E Power Plant Terminal local law enforcement officer des- Wharf, Salem, MA, located at 42°31.33′ ignated by or assisting the Captain of N, 070°52.67′ W when a vessel is moored the Port (COTP) Boston. at this pier. All coordinates are North Deepwater port means any facility or American Datum 1983. structure meeting the definition of (b) Regulations. (1) In accordance with deepwater port in 33 CFR 148.5. the general regulations in § 165.23 and Dredge means fishing gear consisting § 165.33 of this part, entry into or move- of a mouth frame attached to a holding ment within these zones is prohibited bag constructed of metal rings or unless authorized by the Captain of the mesh. Port Boston. Support vessel means any vessel meet- (2) All vessel operators shall comply ing the definition of support vessel in with the instructions of the Captain of 33 CFR 148.5. the Port or the designated on-scene Trap means a portable, enclosed de- U.S. Coast Guard patrol personnel. On- vice with one or more gates or en- scene Coast Guard patrol personnel in- trances and one or more lines attached clude commissioned, warrant, and to surface floats used for fishing. Also petty officers of the Coast Guard on called a pot. board Coast Guard, Coast Guard Auxil- (c) Applicability. This section applies iary, local, state, and federal law en- to all vessels operating in the regu- forcement vessels. lated navigation areas set forth in (3) No person may enter the waters or paragraph (a) of this section, except— land area within the boundaries of the (1) Those vessels conducting cargo safety and security zones unless pre- transfer operations with the deepwater viously authorized by the Captain of ports whose coordinates are provided in the Port, Boston or his authorized pa- paragraph (a)(3) of this section, trol representative. (2) Support vessels operating in conjunction therewith, and [CGD01–02–016, 67 FR 45909, July 11, 2002, as amended by USCG–2009–0416, 74 FR 27441, (3) Coast Guard vessels or other law June 10, 2009] enforcement vessels operated by or under the direction of an authorized § 165.117 Regulated Navigation Areas, representative of the COTP Boston. Safety and Security Zones: Deep- (d) Regulations. (1) No vessel may an- water Ports, First Coast Guard Dis- chor or engage in commercial fishing trict. using nets, dredges, or traps (pots) in (a) Location—(1) Regulated navigation the regulated navigation areas set areas. All waters within a 1,000 meter forth in paragraph (a)(1) of this section. radius of the geographical positions set (2) In accordance with the general forth in paragraph (a)(3) of this section regulations in §§ 165.23 and 165.33 of this are designated as regulated navigation part, entry into or movement within areas. the safety and security zones des- (2) Safety and security zones. All wa- ignated in paragraph (a)(2) of this sec- ters within a 500-meter radius of the tion is prohibited unless authorized by geographic positions set forth in para- the COTP Boston, or his/her authorized graph (a)(3) of this section are des- representative. ignated as safety and security zones. (3) Notwithstanding paragraph (d)(2) (3) Coordinates. (i) The geographic co- of this section, tankers and support ordinates forming the loci for the regu- vessels, as defined in 33 CFR 148.5, oper- lated navigation areas, safety and secu- ating in the vicinity of NEGDWP are rity zones for the Northeast Gateway authorized to enter and move within Deepwater Port are: 42°23′38″ N, such zones in the normal course of 070°35′31″ W; and 42°23′56″ N, 070°37′00″ W their operations following the require- (NAD 83). ments set forth in 33 CFR 150.340 and (ii) [Reserved] 150.345, respectively.

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(4) All vessels operating within the 42°23′05.2″ N., longitude 71°01′35.8″ W.)— safety and security zones described in or the Mobile Oil Terminal located on paragraph (a)(2) of this section must the East Boston Side of the Chelsea comply with the instructions of the River downstream of the Chelsea COTP or his/her authorized representa- Street Bridge (approximate position tive. latitude 42°23′04.9″ N., longitude ° ′ ″ [USCG–2007–0087, 73 FR 34194, June 17, 2008] 71 01 28.52 W.): [NAD83]. (i) When there is a vessel moored at § 165.120 Safety Zone: Chelsea River, each terminal, no vessel greater than Boston Inner Harbor, Boston, MA. 300.5 feet in length or greater than 60.5 (a) Location. The following area is a feet in beam, shall transit the safety safety zone: The waters of the Chelsea zone. River, Boston Inner Harbor, for 100 (ii) When a vessel with a beam great- yards upstream and downstream of the er than 60.5 feet is moored at either center of the Chelsea Street Draw span terminal, no vessel greater than 630.5 (in the approximate position of lati- feet in length or greater than 85.5 feet tude 42°23′10.3″ N., longitude 71°01′21.2″ in beam shall transit the Safety Zone. W.). [NAD83]. (iii) When a vessel with a beam great- (b) Regulation. The following stand- er than 85.5 feet is moored at either ards are the minimum requirements for terminal, no vessel greater than 550.5 transit of the Safety Zone. Additional feet in length or greater than 85.5 feet precautions may be taken by the pilot in beam shall transit the Safety Zone. and/or person in charge (Master or Op- (5) Requirements for tug assistance: erator). (i) All tankships greater than 630.5 (1) All tankships greater than 1,000 feet in length or greater than 85.5 feet Gross Tons shall be under the direction in beam shall be assisted by at least and control of an individual holding a four tugs of adequate horsepower. valid merchant mariner’s license or (ii) All tankships from 450 feet in merchant mariner credential endorsed length up to and including 630.5 feet in as pilot. This does not relieve persons length and less than 85.5 feet in beam in charge (Masters or Operators) from shall be assisted by at least three tugs their ultimate responsibility for the of adequate horsepower. safe navigation of vessels. (iii) All tug/barge combinations with (2) All vessel(s) speed shall be kept to a tonnage of over 10,000 Gross Tons (for a minimum considering all factors and the barge(s), in all conditions of draft, the need for optimum vessel control. shall be assisted by at least one tug of (3) Restrictions on size and draft of adequate horsepower. vessels: (6) U.S. Certificated integrated tug/ (i) No vessel greater than 661 feet in barge (ITB) combinations shall meet length (using length overall) or greater the requirements of a tankship of simi- than 90.5 feet in beam (using extreme lar length and beam except that one breadth) shall transit the Safety Zone. less assist tug would be required. (ii) No vessel greater than 630.5 feet (7) Variances from the above stand- in length or 85.5 feet or greater in beam ard must be approved in advance by the shall transit the Safety Zone during Captain of the Port of Boston, MA. the period between sunset and sunrise. (iii) No tankship greater than 550.5 [CCGD1–85–4R, 51 FR 10835, Mar. 31, 1986; 51 FR 23415, June 27, 1986, as amended by USCG– feet in length shall transit the Safety 1998–3799, 63 FR 35532, June 30, 1998; USCG– Zone, either inbound or outbound, with 2006–24371, 74 FR 11213, Mar. 16, 2009; USCG– a draft less than 18.0 feet forward and 2009–0416, 74 FR 27441, June 10, 2009] 24.0 feet aft. (4) Restrictions when the Chelsea § 165.121 Safety and Security Zones: River channel is obstructed by vessel(s) High Interest Vessels, Narragansett moored at the Northeast Petroleum Bay, Rhode Island. Terminal located downstream of the (a) Location. (1) All waters of Rhode Chelsea Street Bridge on the Chelsea, Island Sound within a 1⁄2 mile radius of MA side of the Chelsea River—here- any high interest vessel while the ves- after referred to as the Jenny Dock sel is anchored within 1⁄2 mile of the (approximate position latitude point Latitude 41°25′ N, Longitude 71°23′

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W in the Narragansett Bay Pre- Point to the Providence hurricane bar- cautionary Area. rier. (2) All waters of Rhode Island Sound, (b) Regulations. (1) All commercial Narragansett Bay, the Providence and vessels must: Taunton Rivers 2 miles ahead and 1 (i) Maintain a minimum 10% of the mile astern, and extending 1000 yards vessel’s draft as an under-keel clear- on either side of any high interest ves- ance when not assisted by tugs, or sel transiting Narragansett Bay, or the when not moored at an assigned berth. Providence and Taunton Rivers. Under-keel clearance is the minimum (3) All waters and land within a 1000- clearance available between the deep- yard radius of any high interest vessel est point on the vessel and the bottom moored at a waterfront facility in the of the waterway, in calm water. Providence Captain of the Port zone. (ii) Have at least one mile of visi- (b) High interest vessels defined. For bility to transit the Providence River purposes of this section, high interest between 41°43′01.4″ N; 071°20′41.7″ W vessels operating in the Providence (Conimicut Light (LLNR 18305)) and Captain of the Port zone include the 41°47′38.8″ N; 071°22′46.7″ W (Channel following: barges or ships carrying liq- Light 42 (LLNR 18580)). uefied petroleum gas (LPG), liquefied (2) Vessels over 65 feet in length in- natural gas (LNG), chlorine, anhydrous bound for berths in the Providence ammonia, or any other cargo deemed River are required to make Safety Sig- to be high interest by the Captain of nal (SECURITE) calls on both VHF the Port, Providence. channels 13 and 16 at the following geo- (c) Regulations. (1) Entry into or graphic locations: movement within these zones, includ- (i) Pilot Boarding Area; ing below the surface of the water, dur- (ii) Abeam of Castle Hill; ing times in which high interest vessels (iii) Abeam of Sandy Point; are present and the zones are enforced (iv) Abeam of 41°43′01.4″ N; 071°20′41.7″ is prohibited unless authorized by the W (Conimicut Point Light (LLNR COTP Providence or authorized rep- 18305)); resentative. (v) Abeam of Sabin Point; and (2) The general regulations covering (vi) Upon mooring. safety and security zones in §§ 165.23 (3) Vessels over 65 feet in length in- and 165.33, respectively, of this part bound for berths in Mount Hope Bay or apply. in the Taunton River are required to (3) All persons and vessels shall com- make SECURITE calls on both VHF ply with the instructions of the COTP, channels 13 and 16 at the following geo- and the designated on-scene U.S. Coast graphic locations: Guard personnel. On-scene Coast Guard (i) Pilot Boarding Area; patrol personnel include commissioned, (ii) Abeam of Castle Hill; warrant, and petty officers of the Coast (iii) Abeam of Sandy Point; and Guard on board Coast Guard, Coast (iv) At position 41°39′32.4″ N;071°14′ Guard Auxiliary, local, state, and fed- 02.6″ W (Mount Hope Bay Junction eral law enforcement vessels. Lighted Gong Buoy ‘‘MH’’ (LLNR [CGD01–02–065, 67 FR 56224, Sept. 3, 2002] 18790)). (4) Vessels over 65 feet in length out- § 165.122 Regulated Navigation Area: bound for sea down the Providence Navigable waters within Narragan- River Channel shall make SECURITE sett Bay and the Providence River, calls on VHF channels 13 and 16 at the Rhode Island. following geographic locations: (a) Description of the regulated naviga- (i) One-half hour prior to departure tion area (RNA). The Regulated Naviga- from the berth; tion Area (RNA) encompasses all of the (ii) At departure from the berth; navigable waters of Narragansett Bay (iii) Abeam of Sabin Point; north of the COLREGS demarcation (iv) Abeam of Gaspee Point; and line and west of the Mt. Hope Bridge, (v) Abeam of position 41°43′01.4″ N; and all of the navigable waters of the 071°20′41.7″ W (Conimicut Light (LLNR Providence River from Conimicut 18305)).

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(5) Vessels over 65 feet in length out- 074°03′39.7″ W; thence northwest along bound for sea down from Mount Hope the shoreline to the beginning point. Bay through Narragansett Bay are re- (b) Terminal Channel. The waters quired to make SECURITE calls on within the following boundaries are a VHF channels 13 and 16 at the fol- security zone—A line beginning at lowing geographic locations: 40°27′41.2″ N, 74°02′46″ W; then to 40°28′27″ (i) One-half hour prior to departure N, 74°02′17.2″ W; then to 40°28′21.1″ N, from the berth; 74°02′00″ W; then to 40°28′07.8″ N, (ii) At departure from the berth; and 74°02′22″ W; then to 40°27′39.8″ N, (iii) At position 41°39′32.4″ N;071°14′ 74°02′41.4″ W; then to the beginning. 02.6″ W (Mount Hope Bay Junction (c) The following rules apply to the Lighted Gong Buoy ‘‘MH’’ (LLNR security zone established in paragraph 18790)). (b) of this section (Terminal Channel) (6) Vessels 65 feet and under in instead of the rule in § 165.33(a): length, and all recreational vessels, (1) No vessel shall anchor, stop, re- when meeting deep draft commercial main or drift without power at any- vessel traffic in all locations within time in the security zone. this RNA shall keep out of the way of (2) No vessel shall enter, cross, or the oncoming deep draft commercial otherwise navigate in the security zone vessel. Nothing in this regulation, how- when a public vessel, or any other ves- ever, relieves a vessel of any duty pre- sel, that cannot safely navigate outside scribed in the Inland Navigation Rules the Terminal Channel, is approaching (set forth in 33 U.S.C. 2005 et seq.) or leaving the Naval Ammunition (7) The Captain of the Port (COTP) Depot Piers at Leonardo, New Jersey. Southeastern New England may au- (3) Vessels may enter or cross the se- thorize a deviation from these regula- curity zone, except as provided in para- tions. Parties wishing to request a de- graph (c)(2) of this section. viation must do so in advance by con- (4) No person may swim in the secu- tacting the COTP Southeastern New rity zone. England, at 508–457–3211, or via VHF [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- Channel 13 (156.7 MHz), or VHF channel designated by CGD 81–017, 46 FR 28154, May 16 (156.8 MHz). Any person or vessel re- 26, 1981, and CGD 87–008b, 52 FR 25218, July 6, ceiving permission from the COTP to 1987; USCG–2007–0074, 74 FR 7191, Feb. 13, deviate from these regulations must 2009] comply with any specific instructions § 165.140 New London Harbor, Con- provided by the COTP. necticut—security zone. (c) Enforcement. Violations of this RNA should be reported to the COTP (a) Security zones—(1) Security Zone A. Southeastern New England at 508–457– The waters of the Thames River west 3211. Persons found in violation of of the Electric Boat Corporation Ship- these regulations may be subject to yard enclosed by a line beginning at a ° ′ ″ civil or criminal penalties as provided point on the shoreline at 41 20 16 N, ° ′ ″ for in 33 U.S.C. 1232. 72 04 47 W; then running west to 41°20′16″ N, 72°04′57″ W; then running [USCG–2009–0143, 75 FR 15347, Mar. 29, 2010] north to 41°20′26″ N, 72°04′57″ W; then northwest to 41°20′28.7″ N, 72°05′01.7″ W; § 165.130 Sandy Hook Bay, New Jer- then north-northwest to 41°20′53.3″ N, sey—security zone. 72°05′04.8″ W; then north-northeast to (a) Naval Ammunition Depot Piers. The 41°21′02.9″ N, 72°05′04.9″ W; then east to a navigable waters within the following point on shore at 41°21′02.9″ N, 72°04′58.2″ boundaries are a security zone: A line W. beginning on the shore at 40°25′55.6″ N, (2) Security Zone B. The waters of the 074°04′31.4″ W; thence to 40°26′54.0″ N, Thames River, west of the Naval Sub- 074°03′53.0″ W; thence to 40°26′58.0″ N, marine Base, New London, CT, en- 074°04′03.0″ W; thence to 40°27′56.0″ N, closed by a line beginning at a point on 074°03′24.0″ W; thence to 40°27′28.5″ N, the shoreline at 41°23′15.8″ N., 72°05′17.9″ 074°02′10.4″ W; thence to 40°26′29.5″ N, W.; then to 41°23′15.8″ N., 72°05′22″ W.; 074°02′51.2″ W; thence to 40°26′31.4″ N, then to 41°23′25.9″ N., 72°05′29.9″ W.; then 074°02′55.4″ W; thence to 40°25′27.1″ N, to 41°23′33.8″ N., 72°05′34.7″ W.; then to

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41°23′37.0″ N., 72°05′38.0″ W.; then to and petty officers of the Coast Guard. 41°23′41.0″ N., 72°05′40.3″ W.; then to Upon being hailed by a U.S. Coast 41°23′47.2″ N., 72°05′42.3″ W.; then to Guard vessel via siren, radio, flashing 41°23′53.8″ N., 72°05′43.7″ W.; then to light, or other means, the operator of a 41°23′59.8″ N., 72°05′43.0″ W.; then to vessel shall proceed as directed. 41°24′12.4″ N., 72°05′43.2″ W.; then to a point on the shoreline at 41°24′14.4″ N., [CGD 01–95–141, 61 FR 60032, Nov. 26, 1996] 72°05′38″ W.; then along the shoreline to § 165.150 New Haven Harbor, the point of beginning. Quinnipiac River, Mill River. (3) All coordinates are North Amer- ican Datum 1983. (a) The following is a regulated naviga- (b) Special regulation. Section 165.33 tion area: The waters surrounding the does not apply to public vessels when Tomlinson Bridge located within a line operating in Security Zone A, or to extending from a point A at the south- vessels owned by, under hire to, or per- east corner of the Wyatt terminal dock forming work for the Electric Boat Di- at 41°17′50″ N, 72°54′36″ W thence along a vision when operating in Security Zone line 126°T to point B at the southwest A. corner of the Gulf facility at 41°17′42″ N, 72°54′21″ W thence north along the [CGD 79–034, 47 FR 29660, July 8, 1982, as shoreline to point C at the northwest amended by COTP 83–01, 48 FR 33264, July 21, 1983; CGD3–83–29, 48 FR 51622, Nov. 10, 1983; corner of the Texaco terminal dock CGD3–84–26, 49 FR 40405, Oct. 16, 1984; CGD3– 41°17′57″ N, 72°54′06″ W thence along a 86–56, 52 FR 17296, May 7, 1987. Redesignated line 303°T to point D at the west bank by CGD 87–008b, 52 FR 25218, July 6, 1987; of the mouth of the Mill River 41°18′05″ CDG3 86–56, 52 FR 44107, Nov. 18, 1987; CGD01– N, 72°54′23″ W thence south along the 97–104, 62 FR 51782, Oct. 3, 1997; CGD01–03–012, shoreline to point A. 69 FR 4244, Jan. 29, 2004] (b) Regulations. (1) No person may op- § 165.141 Safety Zone: Sunken vessel erate a vessel or tow a barge in this EMPIRE KNIGHT, Boon Island, ME. Regulated Navigation Area in violation of these regulations. (a) Location. The following area is a (2) Applicability. The regulations safety zone: All waters of the Atlantic apply to barges with a freeboard great- Ocean within a 1,000 yard radius of the er than ten feet and to any vessel tow- stern section of the sunken vessel EM- PIRE KNIGHT, in approximate posi- ing or pushing these barges on out- tion 43°06′19″ N, 70°27′09″ W, (NAD 1983) bound transits of the Tomlinson and extending from the water’s surface Bridge. to the seabed floor. (3) Regulated barges may not transit (b) Effective date. This section is ef- the bridge— fective on August 23, 1996, twenty-four (i) During the period from one hour hours a day, seven days a week. to five hours after high water slack, (c) Regulations. (1) The general regu- (ii) When the wind speed at the lations contained in 33 CFR 165.23 bridge is greater than twenty knots, apply. and (2) All vessels and persons are prohib- (iii) With the barge being towed on a ited from anchoring, diving, dredging, hawser, stern first. dumping, fishing, trawling, laying (4) Regulated barges with a beam cable, or conducting salvage operations greater than fifty feet must be pushed in this zone except as authorized by the ahead through the bridge. Coast Guard Captain of the Port, Port- (5) If the tug operator does not have land, Maine. Innocent transit through a clear view over the barge when push- the area within the safety zone is not ing ahead, the operator shall post a affected by this regulation and does lookout on the barge with a means of not require the authorization of the communication with the operator. Captain of the Port. (6) Regulated barges departing the (3) All persons and vessels shall com- Mill River may transit the bridge only ply with the instructions of the COTP between sunrise and sunset. Barges or the designated on scene patrol per- must be pushed ahead of the tug, bow sonnel. U.S. Coast Guard patrol per- first, with a second tug standing by to sonnel include commissioned, warrant, assist at the bow.

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(7) Nothing in this section is intended approximate position 40°17′31″ N, to relieve any person from complying 072°54′48″ W. with: (7) Madison Cultural Arts Fireworks (i) Applicable Navigation and Pilot Safety Zone. All the waters of Long Is- Rules for Inland Waters; land Sound located off the City of (ii) Any other laws or regulations; Madison within an 800-foot radius of (iii) Any order or direction of the the fireworks barge in approximate po- Captain of the Port. sition 41°16′10″ N, 072°36′30″ W. (8) The Captain of the Port, New (8) Arnold L. Chase Fireworks Safety Haven, may issue an authorization to Zone. All waters of Connecticut River deviate from any rule in this section if within a 600 foot radius of the fire- the COTP finds that an alternate oper- works barge located in approximate po- ation can be done safely. sition 41°15′56″ N, 072°21′49″ W, about [CGD 79–034, 47 FR 29660, July 8, 1982, as 100-yards off Fenwick Pier. amended by CGD 80–069, 47 FR 53368, Nov. 26, (9) Saybrook Summer Pops Fireworks 1982. Redesignated by CGD 87–008b, 52 FR Safety Zone. All waters of Connecticut 25218, July 6, 1987] River within a 600-foot radius of the fireworks barge located in approximate § 165.151 Safety Zones; Long Island ° ′ ″ ° ′ ″ Sound annual fireworks displays. position 41 17 35 N, 072 21 20 W. (10) Mashantucket Pequot Fireworks (a) Safety Zones. The following areas Safety Zone. All waters of the Thames are designated safety zones. All coordi- River off of New London, CT, within a nates references 1983 North American 1200–foot radius of a fireworks barge lo- Datum (NAD83). cated in approximate position (1) Indian Harbor Yacht Club Fireworks 41°20′57.1″ N, 72°05′22.1″ W; and within Safety Zone. All waters of Long Island 1000–feet of fireworks barges located in Sound off Greenwich CT, within a 800- approximate positions: barge one, foot radius of the fireworks barge lo- 41°21′03.3″ N, 72°05′24.5″ W; and barge cated in approximate position 41°00′35″ two, 41°20′51.75″ N, 72°05′18.90″ W. N, 073°37′05″ W. (2) City of Rowayton Fireworks Safety (11) Harbor Day Fireworks Safety Zone. Zone. All waters of Long Island Sound All waters of Thames River within a in Sheffield Channel off of Ballast Reef 600-foot radius of the fireworks barge within a 1000-foot radius of the fire- located in approximate position ° ′ ″ ° ′ ″ works barge located in approximate po- 41 31 14 N, 072 04 44 W, located off sition 41°03′11″ N, 073°26′41″ W. American Warf Marina, Norwich, CT. (3) The Yampol Family Fireworks Safe- (12) Riverfest Fireworks Safety Zone. ty Zone. All waters of Long Island All the waters of the Connecticut River Sound off Cold Springs Harbor, Cove within a 600-foot radius of the fire- Neck New York within a 1200-foot ra- works barge located in approximate po- dius of the fireworks barge located in sition 41°45′34″ N, 072°39′37″ W. approximate position 41°53′00″ N, 073°29″ (13) Southampton Fresh Air Home Fire- 13″ W. works Safety Zone. All the waters of (4) Groton Long Point Yacht Club Fire- Shinnecock Bay within a 600-foot ra- works Safety Zone. All waters of Long dius of the fireworks barge located in Island Sound off of Groton Long Point, approximate position 40°51′48″ N, Groton, CT, within a 600-foot radius of 072°28′30″ W, off of Southampton, NY. the fireworks barge in approximate po- (14) T.E.L. Enterprises Fireworks Safety sition 41°18′05″ N, 072°02″ 08″ W. Zone. All the waters of Great South (5) City of West Haven Fireworks Safety Bay within a 600-foot radius of the fire- Zone. All waters of New Haven Harbor works barge located in approximate po- on Long Island Sound off Bradley Point sition 40°41′17″ N, 073°00′20″ W, off of within a 1200-foot radius of the fire- Davis Park, NY. works barge in approximate position (15) Patchogue Chamber of Commerce 41°15′07″ N, 072°57′26″ W. Fireworks Safety Zone. All the waters of (6) New Haven Festival Fireworks Safe- Great South Bay within an 800-foot ra- ty Zone. All waters of New Haven Har- dius of the fireworks barge located in bor on Long Island Sound within a 1200- approximate position 40°44′38″ N, foot radius of the fireworks barge in 073°00′33″ W, off of Patchogue, NY.

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(16) Fire Island Tourist Bureau Fire- foot radius of the fireworks launch works Safety Zone. All the waters of area located on Old Black Point Beach Great South Bay within a 600-foot rain approximate position 41°17′34.9″ N, dius of the fireworks barge located in 072°12′55.6″ W. approximate position 40°35′45″ N, (26) Village of Asharoken Fireworks 073°05′23″ W, off of Cherry Cove, NY. Safety Zone. All waters of Northport (17) Treibeck’s Party Fireworks Safety Bay off of Asharoken Beach in Zone. All the waters of the Atlantic Asharoken, NY within a 600-foot radius Ocean within a 1200-foot radius of the of the fireworks launch area located in fireworks barge located in approximate approximate position 40°55′30″ N, 072°21′ position 40°54′04″ N, 072°16′50″ W, off of W. Sagaponack, NY. (b) Notification. Coast Guard Sector (18) Norwich July Fireworks Safety Long Island Sound and Coast Guard Zone. All waters of the Thames River Sector Field Office Moriches will cause within a 600–foot radius of the fire- notice of the activation of these safety works launch area in approximate posi- zones to be made by all appropriate tion 41°31′20.9″ N, 072°04′45.9′ W, located means to effect the widest publicity off of Norwich, CT. among the affected segments of the (19) Town of Branford Fireworks Safety public, including publication in the Zone. All waters of Branford Harbor off local notice to mariners, marine infor- of Branford Point within a 600–foot ra- mation broadcasts, and facsimile. Fire- dius of the fireworks launch area lo- works barges used in these locations cated on Branford Point in approxi- will also have a sign on their port and mate position 41°15′30″ N, 072°49′22″ W. starboard side labeled ‘‘FIREWORKS— (20) Vietnam Veterans Local 484/Town STAY AWAY’’. Displays launched from of East Haven Fireworks Safety Zone. All shore sites will have a sign labeled waters of Long Sound off of Cosey ‘‘FIREWORKS—STAY AWAY’’ with Beach, East Haven, CT within a 1000– the same size requirements. The signs foot radius of the fireworks barge in required by this section must consist of approximate position 41°14′19″ N, red letters at least 10 inches high, and 072°52′9.8″ W. 1.5 inch thick on a white background. (21) Westport Police Athletic League (c) Enforcement period. Specific zones Fireworks Safety Zone. All waters of in this section will be enforced from 8 Long Island Sound off Compo Beach, p.m. to 11 p.m. each day a barge or land Westport, CT within a 800–foot radius based launch site with sign reading of the fireworks barge in approximate ‘‘FIREWORKS—STAY AWAY’’ is position 41°09′2.5″ N, 073°20′1.1″ W. present in that zone. (22) Westbrook, CT July Celebration (d) Regulations. Vessels may not Safety Zone. All waters of Westbrook enter, remain in, or transit through Harbor in Long Island Sound within a the safety zones in this section during 800–foot radius of the fireworks barge the enforcement period unless author- located in approximate position ized by the Captain of the Port Long 41°16′50″ N, 072°26′14″ W. Island Sound or designated Coast (23) Norwalk Fireworks Safety Zone. Guard patrol personnel on scene. All waters of Long Island Sound off of [CGD01–01–077, 67 FR 22352, May 3, 2002, as Calf Pasture Beach in Norwalk, CT amended by USCG–2003–15404, 68 FR 37741, within a 1000–foot radius of the fire- June 25, 2003; 68 FR 40024, July 3, 2003; works barge located in approximate po- CGD01–05–012, 70 FR 43764, July 29, 2005] sition 40°05′10″ N, 073°23′20″ W. (24) Town of Stratford Fireworks Safety § 165.152 Coast Guard Station Fire Is- Zone. All waters of Long Island Sound land, Long Island, New York—safety off of Short Beach in Stratford, CT, zone. within a 800–foot radius of the fire- (a) Location. The following waters of works launch area located in approxi- Fire Island Inlet are a safety zone: Be- mate position 41°09′5″ N, 073°06′5″ W. ginning at a point on shore at 40°37.523′ (25) Old Black Point Beach Association N, 073°15.685′ W; then north to 40°37.593′ Fireworks Safety Zone. All waters of N, 073°15.719′ W; then east to 40°37.612′ Long Island Sound off Old Black Point N, 073°15.664′ W; then east to 40°37.630′ Beach in East Lyme, CT, within a 1000- N, 073°15.610′ W; then east to 40°37.641′

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N, 073°15.558′ W; then southeast to Public vessels means vessels owned or 40°37.630′ N, 073°15.475′ W; then south- bareboat chartered and operated by the east to 40°37.625′ N, 073–15.369′ W; then United States, or by a State or polit- southeast to 40°37.627′ N, 073°15.318′ W; ical subdivision thereof, or by a foreign then southeast to point on shore at nation, except when such vessel is en- 40°37.565′ N, 073°15.346′ W. All coordi- gaged in commercial service. nates are North American Datum 1983. Territorial sea baseline means the line (b) Regulations. (1) The general regu- defining the shoreward extent of the lations contained in 33 CFR § 165.23 territorial sea of the United States apply. drawn according to the principles, as (2) All persons and vessels must com- recognized by the United States, of the ply with the Coast Guard Captain of Convention on the Territorial Sea and the Port or designated on-scene patrol the Contiguous Zone, 15 U.S.T. 1606, personnel. On-scene Coast Guard patrol and the 1982 United Nations Conven- personnel include commissioned, war- tion on the Law of the Sea (UNCLOS), rant, and petty officers of the Coast 21 I.L.M. 1261. Normally, the territorial Guard on board Coast Guard, Coast sea baseline is the mean low water line Guard Auxiliary, and local, state, and along the coast of the United States. federal law enforcement vessels. Upon (d) Regulations. (1) Speed restrictions being hailed by siren, radio, flashing in the vicinity of Naval Submarine light or other means from a U.S. Coast Base New London and Lower Thames Guard vessel or other vessel with on- River. Unless authorized by the Cap- scene patrol personnel aboard, the op- tain of the Port (COTP), vessels of 300 erator of the vessel shall proceed as di- gross tons or more may not proceed at rected. a speed in excess of eight knots in the [CGD01–03–025, 69 FR 26045, May 11, 2004] Thames River from New London Har- bor channel buoys 7 and 8 (Light List § 165.153 Regulated Navigation Area: numbers 21875 and 21880 respectively) Long Island Sound Marine Inspec- north through the upper limit of the tion and Captain of the Port Zone. Naval Submarine Base New London Re- (a) Regulated Navigation Area location. stricted Area, as that area is specified All waters of the Long Island Sound in 33 CFR 334.75(a). The U.S. Navy and Marine Inspection and Captain of the other Federal, State and municipal Port (COTP) Zone, as delineated in 33 agencies may assist the U.S. Coast CFR 3.05–35, extending seaward 12 nau- Guard in the enforcement of this rule. tical miles from the territorial sea (2) Enhanced communications. Vessels baseline, are established as a regulated of 300 gross tons or more and all vessels navigation area (RNA). engaged in towing barges must issue (b) Applicability. This section applies securite´ calls on marine band or Very to all vessels operating within the RNA High Frequency (VHF) radio channel 16 excluding public vessels. upon approach to the following loca- (c) Definitions. The following definitions: tions apply to this section: (i) Inbound approach to Cerberus Commercial service means any type of Shoal; and trade or business involving the trans- (ii) Outbound approach to Race Rock portation of goods or individuals, ex- Light (USCG Light List No. 19815). cept service performed by a combatant (3) All vessels operating within the vessel. RNA that are bound for a port or place Ferry means a vessel that: located in the United States or that (1) Operates in other than ocean or must transit the internal waters of the coastwise service; United States, must be inspected to the (2) Has provisions only for deck pas- satisfaction of the U. S. Coast Guard, sengers or vehicles, or both; before entering waters within three (3) Operates on a short run on a fre- nautical miles from the territorial sea quent schedule between two points baseline. Vessels awaiting inspection over the most direct water route; and will be required to anchor in the man- (4) Offers a public service of a type ner directed by the COTP. This section normally attributed to a bridge or tun- does not apply to vessels operating ex- nel. clusively within the Long Island Sound

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Marine Inspection and COTP Zone, ves- tion from the COTP prior to transiting sels on a single voyage which depart or any intentional vessel movements, from and return to the same port or including, but not limited to, shifting place within the RNA, all towing ves- berths, departing anchorage, or getting sels engaged in coastwise trade, vessels underway from a mooring. This section in innocent passage not bound for a does not apply to vessels in innocent port or place subject to the jurisdiction passage not bound for a port or place of the United States, and all vessels subject to the jurisdiction of the not engaged in commercial service United States. whose last port of call was in the (6) Ferry vessels. Vessels of 300 gross United States. Vessels requiring in- tons or more are prohibited from enter- spection by the COTP may contact the ing all waters within a 1200-yard radius COTP via marine band or Very High of any ferry vessel transiting in any Frequency (VHF) channel 16, telephone portion of the Long Island Sound Ma- at (203) 468–4401, facsimile at (203) 468– rine Inspection and COTP Zone with- 4418, or letter addressed to Captain of out first obtaining the express prior the Port, Long Island Sound, 120 Wood- authorization of the ferry vessel oper- ward Ave., New Haven, CT 06512. ator, master, COTP, or the designated (4) All vessels operating within the COTP on-scene patrol. RNA that are bound for a port or place (7) Vessels engaged in commercial serv- located in the United States or that ice. No vessel may enter within a 100- must transit the internal waters of the yard radius of any vessel engaged in United States, must obtain authoriza- commercial service while that vessel is tion from the Captain of the Port transiting, moored, or berthed in any (COTP) before entering waters within portion of the Long Island Sound Ma- three nautical miles from the terri- rine Inspection and COTP zone, with- torial sea baseline. Vessels awaiting out the express prior authorization of COTP authorization to enter waters the vessel’s operator, master, COTP, or within three nautical miles from the the designated COTP on-scene rep- territorial sea baseline will be required resentative. to anchor in the manner directed by (8) Bridge foundations. Any vessel op- the COTP. This section does not apply erating beneath a bridge must make a to vessels operating exclusively within direct, immediate and expeditious pas- the Long Island Sound Marine Inspec- sage beneath the bridge while remain- tion and COTP Zone, vessels on a sin- ing within the navigable channel. No gle voyage which depart from and re- vessel may stop, moor, anchor or loiter turn to the same port or place within beneath a bridge at any time. No vessel the RNA, all towing vessels engaged in may approach within a 25-yard radius coastwise trade, vessels in innocent of any bridge foundation, support, passage not bound for a port or place stanchion, pier or abutment except as subject to the jurisdiction of the required for the direct, immediate and United States, and all vessels not en- expeditious transit beneath a bridge. gaged in commercial service whose last (9) This section does not relieve any port of call was in the United States. vessel from compliance with applicable Vessels may request authorization navigation rules. from the COTP by contacting the [CGD01–02–104, 68 FR 48802, Aug. 15, 2003, as COTP via marine band or Very High amended by USCG–2006–24371, 74 FR 11213, Frequency (VHF) channel 16, telephone Mar. 16, 2009] at (203) 468–4401, facsimile at (203) 468– 4418, or letter addressed to Captain of § 165.154 Safety and Security Zones: the Port, Long Island Sound, 120 Wood- Long Island Sound Marine Inspec- ward Ave., New Haven, CT 06512. tion Zone and Captain of the Port (5) Vessels over 1,600 gross tons oper- Zone. ating in the RNA within three nautical (a) Safety and security zones. The fol- miles from the territorial sea baseline lowing areas are safety and security that are bound for a port or place lo- zones: cated in the United States or that (1) Dominion Millstone Nuclear Power must transit the internal waters of the Plant Safety and Security Zones. (i) All United States must receive authoriza- waters north and north east of a line

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running from Bay Point, at approxi- (c) The Captain of the Port will no- mate position 41–18.57 N, 072–10.41 W, to tify the maritime community of peri- Millstone Point at approximate posi- ods during which this safety zone will tion 41–18.25 N, 072–09.96 W. be in effect by providing notice of (ii) All waters west of a line starting scheduled moorings at the Northville at 41–18.700 N, 072–09.650 W, running Industries Offshore Platform of LPG south to the eastern most point of Fox vessels via Marine Safety Information Island at approximate position 41–18.400 Radio Broadcast. N, 072–09.660 W. All coordinates are North American Datum 1983. [CGD3 85–86, 51 FR 37181, Oct. 20, 1986. Redes- (2) Coast Guard Vessels Safety and Se- ignated by CGD 87–008b, 52 FR 25218, July 6, curity Zones. All waters within a 100- 1987] yard radius of any anchored Coast Guard vessel. For the purposes of this § 165.156 Regulated Navigation Area: section, Coast Guard vessels includes East Rockaway Inlet to Atlantic Beach Bridge, Nassau County, Long any commissioned vessel or small boat Island, New York. in the service of the regular Coast Guard and does not include Coast (a) Location. The following area is a Guard Auxiliary vessels. Regulated Navigation Area: All waters (b) Regulations. (1) The general regu- of East Rockaway Inlet in an area lations contained in § 165.23 and § 165.33 bounded by lines drawn from position of this part apply. 40°34′56″ N, 073°45′19″ W, (approximate (2) In accordance with the general position of Silver Point breakwater regulations in § 165.23 and § 165.33 of this buoy, LLNR 31500) running north to a part, entry into or movement within point of land on the northwest side of this zone is prohibited unless author- the inlet at position 40°35′28″ N, ized by the Captain of the Port Long, 073°46′12″ W, thence easterly along the Island Sound. shore to the east side of the Atlantic (3) All persons and vessels shall com- Beach Bridge, State Route 878, over ply with the instructions of the Coast East Rockaway Inlet, thence across the Guard Captain of the Port or on-scene bridge to the south side of East Rock- patrol personnel. These personnel com- away Inlet, thence westerly along the prise commissioned, warrant, and petty shore and across the water to the be- officers of the Coast Guard. Upon being ginning. hailed by a U. S. Coast Guard vessel by (b) Regulations. (1) The general regu- siren, radio, flashing light, or other lations contained in 33 CFR 165.10, means, the operator of a vessel shall 165.11, and 165.13 apply. proceed as directed. (2) In accordance with the general [CGD01–02–104, 68 FR 48803, Aug. 15, 2003] regulations, the following regulations apply to vessels carrying petroleum § 165.155 Northville Industries Off- products in excess of 250 barrels: shore Platform, Riverhead, Long Is- land, New York—safety zone. (i) The vessel must have plans in place to maintain a minimum of two (a) The following area is established feet under keel clearance at all times. as a safety zone during the specified (ii) A vessel requiring a nighttime condition: (1) The waters within a 500 yard ra- transit through East Rockaway Inlet dius of the Northville Industries Off- may only do so only after receiving ap- shore Platform, Long Island, New proval from the Captain of the Port York, 1 mile North of the Riverhead Long Island Sound. shoreline at 41°00″ N, 072°38″ W, while a (iii) Vessels are prohibited from Liquefied Petroleum Gas (LPG) vessel transiting East Rockaway Inlet if a is moored at the Offshore Platform. small craft advisory or greater has The safety zone remains in effect until been issued for the area unless specific the LPG vessel departs the Offshore approval is received from the Captain Platform. of the Port Long Island Sound. (b) The general regulations governing (iv) In an emergency, any vessel may safety zone contained in 33 CFR 165.23 deviate from the regulations in this apply. section to the extent necessary to

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avoid endangering the safety of per- (4) Upon being hailed by a U.S. Coast sons, the environment, and or prop- Guard vessel by siren, radio, flashing erty. If deviation from the regulations light or other means, the operator of is necessary, the master or their des- the vessel must proceed as directed. ignee shall inform the Coast Guard as (5) Persons and vessels may request soon as it is practicable to do so. permission to enter the zone on VHF–16 (c) Waivers. (1) The Captain of the or via phone at (203) 468–4401. Port Long Island Sound may, upon re- (d) Enforcement period. This rule will quest, waive any regulation in this section. be enforced from 11 a.m. to 5 p.m. on (2) An application for a waiver must August 22, 23, and 24, 2008 and each year state the need for the waiver and de- thereafter at dates and times specified scribe the proposed vessel operations in a FEDERAL REGISTER notice. through the Regulated Navigation [USCG–2008–0264, 73 FR 51367, Sept. 3, 2008] Area. [USCG–2008–0085, 74 FR 57887, Nov. 10, 2009] § 165.161 Safety zones: Coast Guard Captain of the Port New York an- § 165.158 Safety Zone: Patchogue nual fireworks displays. Grand Prix, Patchogue Bay, (a) Safety zones. The following areas Patchogue, NY. are designated safety zones: (a) Location. The following area is a (1) Bar Beach fireworks, Hempstead safety zone: All navigable waters of Harbor, NY: Patchogue Bay, NY bounded by an area (i) Location. All waters of Hempstead beginning at a point on land in Harbor within a 300-yard radius of the Patchogue, NY at approximate position ° ′ ″ ° ′ ″ fireworks barge in approximate posi- 40 44 56 N, 073 00 49 W; then running ° ′ ″ ° ′ ″ south to a point in Patchogue Bay at tion 40 49 54 N 073 39 14 W (NAD 1983), approximate position 40°44′29″ N, about 360 yards north of Bar Beach, 073°00′49″ W; then running south east to Hempstead Harbor. a point in Great South Bay at approxi- (ii) Effective period. Paragraph mate position 40°43′47″ N, 072°59′54″ W; (a)(1)(i) of this section is in effect an- then running east to approximate posi- nually from 8 p.m. (e.s.t.) to 1 a.m. tion 40°43′53″ N, 072°58′46″ W; then to ap- (e.s.t.) on the Friday before Memorial proximate position 40°43′57″ N, 072°57′06″ Day, and the Saturday after Labor W; then north to a point on land at ap- Day. If the event is cancelled due to in- proximate position 40°44′29″ N, 072°57′09″ clement weather, then paragraph W. All coordinates are North American (a)(1)(i) of this section is effective from Datum 1983. 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the (b) Definitions. The following defini- Saturday before Memorial Day and the tions apply to this section: Designated Sunday after Labor Day. on-scene patrol personnel, means any (2) Seaport Memorial Day fireworks, commissioned, warrant and petty offi- East River, NY: cers of the U.S. Coast Guard operating (i) Location. All waters of the East Coast Guard vessels who has been au- River south of the Brooklyn Bridge and thorized to act on the behalf of the north of a line drawn from the south- Captain of the Port Long Island Sound. west corner of Pier 3, Brooklyn, to the (c) Regulations. (1) The general regu- northeast corner of Pier 6, Manhattan. lations contained in 33 CFR § 165.23 apply. (ii) Effective period. Paragraph (2) In accordance with the general (a)(2)(i) of this section is in effect an- regulations in § 165.23 of this part, nually from 8 p.m. (e.s.t.) to 1 a.m. entry into or movement within this (e.s.t.) on Memorial Day. If the event is zone is prohibited unless authorized by cancelled due to inclement weather, the Captain of the Port Long Island then paragraph (a)(2)(i) of this section Sound. is effective from 8 p.m. (e.s.t.) to 1 a.m. (3) All persons and vessels must com- (e.s.t.) on the day following Memorial ply with the Coast Guard Captain of Day. the Port or the designated on-scene pa- (3) Red Bank, NJ, July 3rd fireworks, trol personnel. Navesink River:

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(i) Location. All waters of the (e.s.t.) on the day following New Year’s Navesink River within a 360-yard ra- Eve. dius of the fireworks barge in approxi- (b) Regulations. (1) The general regu- mate position 40°21′20″ N 074°04′10″ W lations contained in 33 CFR 165.23 (NAD 1983), about 360 yards northwest apply. of Red Bank, NJ. (2) All persons and vessels must com- (ii) Effective period. Paragraph ply with the instructions of the Coast (a)(3)(i) of this section is in effect an- Guard Captain of the Port or the des- nually from 8 p.m. (e.s.t.) to 1 a.m. ignated on-scene-patrol personnel. (e.s.t.) on July 3rd. If the event is can- These personnel comprise commis- celled due to inclement weather, then sioned, warrant, and petty officers of paragraph (a)(3)(i) of this section is ef- the Coast Guard. Upon being hailed by fective from 8 p.m. (e.s.t.) to 1 a.m. a U.S. Coast Guard vessel by siren, (e.s.t.) on July 4th. radio, flashing light, or other means, (4) Seaport Labor Day fireworks, East the operator of a vessel shall proceed River, NY: as directed. (i) Location. All waters of the East River south of the Brooklyn Bridge and [USCG–2008–0179, 73 FR 35016, June 19, 2008] north of a line drawn from the southwest corner of Pier 3, Brooklyn, to the § 165.162 Safety Zone: New York Super northeast corner of Pier 6, Manhattan. Boat Race, Hudson River, New York. (ii) Effective period. Paragraph (a)(4)(i) of this section is in effect an- (a) Regulated area. The following area nually from 8 p.m. (e.s.t.) to 1 a.m. is a safety zone: All waters of the (e.s.t.) on Labor Day. If the event is Lower Hudson River south of a line cancelled due to inclement weather, drawn from the northwest corner of then paragraph (a)(4)(i) of this section Pier 76 in Manhattan to a point on the is effective from 8 p.m. (e.s.t.) to 1 a.m. New Jersey shore in Weehawken, New (e.s.t.) on the day following Labor Day. Jersey at approximate position 40°45′52″ (5) Deepavali Festival fireworks, East N 074°01′01″ W (NAD 1983) and north of River, NY: a line connecting the following points (i) Location. All waters of the East (all coordinates are NAD 1983): River south of the Brooklyn Bridge and north of a line drawn from the south- Latitude Longitude west corner of Pier 3, Brooklyn, to the 40°42′16.0″ N 074°01′09.0″ W, then south northeast corner of Pier 6, Manhattan. to (ii) Effective period. Paragraph 40°41′55.0″ N 074°01′16.0″ W, then west to ° ′ ″ ° ′ ″ (a)(5)(i) of this section is in effect an- 40 41 47.0 N 074 01 36.0 W, then northwest to nually from 6 p.m. (e.s.t.) to 1 a.m. 40°41′55.0″ N 074°01′59.0″ W, then to (e.s.t.) on the first Sunday in October. shore at If the event is cancelled due to inclem- 40°42′20.5″ N 074°02′06.0″ W. ent weather, then paragraph (a)(5)(i) of this section is effective from 6 p.m. (b) Regulations. (1) Vessels not par- (e.s.t.) to 1 a.m. (e.s.t.) on the first ticipating in this event, swimmers, and Monday in October. personal watercraft of any nature are (6) Seaport New Year’s Eve fireworks, prohibited from entering or moving East River, NY: within the regulated area unless au- (i) Location. All waters of the East thorized by the Patrol Commander. River south of the Brooklyn Bridge and (2) All persons and vessels shall com- north of a line drawn from the south- ply with the instructions of the Coast west corner of Pier 3, Brooklyn, to the Guard Captain of the Port or the de- northeast corner of Pier 6, Manhattan. signed on-scene-patrol personnel. (ii) Effective period. Paragraph These personnel comprise commis- (a)(6)(i) of this section is in effect an- sioned, warrant, and petty officers of nually from 8 p.m. (e.s.t.) to 1 a.m. the Coast Guard. Upon being hailed by (e.s.t.) on New Year’s Eve. If the event a U.S. Coast Guard vessel by siren, is cancelled due to inclement weather, radio, flashing light, or other means, then paragraph (a)(6)(i) of this section the operator of a vessel shall proceed is effective from 8 p.m. (e.s.t.) to 1 a.m. as directed.

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(c) Effective period. This section is in Friday through Monday, Memorial Day effect annually from 10 a.m. until 4 weekend. p.m. on the Sunday following Labor (5) Safety Zone E—(i) Location. A mov- Day. ing safety zone including all waters 500 yards ahead and astern, and 200 yards [CGD01–98–175, 64 FR 31984, June 15, 1999] on each side of the departing U.S. Navy § 165.163 Safety Zones; Port of New Aircraft or Helicopter Carrier as it York/New Jersey Fleet Week. transits the Port of New York and New Jersey from its mooring at the Intrepid (a) The following areas are estab- Sea, Air and Space Museum, Manhat- lished as safety zones: tan, to the COLREGS Demarcation line (1) Safety Zone A—(i) Location. A mov- at Ambrose Channel Entrance Lighted ing safety zone for the Parade of Ships Bell Buoy 2 (LLNR 34805). including all waters 500 yards ahead (ii) Enforcement period. Paragraph and astern, and 200 yards of each side (a)(5)(i) of this section is enforced an- of the designated column of parade ves- nually on the Wednesday following Me- sels as it transits the Port of New York morial Day. Departure time is depend- and New Jersey from the Verrazano ent on tide, weather, and granting of Narrows Bridge to Riverside State authority for departure by the Captain Park on the Hudson River between of the Port, New York. West 137th and West 144th Streets, Manhattan. (b) Effective period. This section is effective annually from 8 a.m. on the (ii) Enforcement period. Paragraph Wednesday before Memorial Day until (a)(1)(i) of this section is enforced an- 4 p.m. on the Wednesday following Me- nually from 8 a.m. until 5 p.m. on the morial Day. Wednesday before Memorial Day. (c) Regulations. (1) The general regu- (2) Safety Zone B—(i) Location. A safe- lations contained in 33 CFR 165.23 ty zone including all waters of the Hud- apply. son River between Piers 83 and 90, Man- hattan, from the parade column east to (2) All persons and vessels shall com- the Manhattan shoreline. ply with the instructions of the Coast (ii) Enforcement period. Paragraph Guard Captain of the Port or the des- (a)(2)(i) of this section is enforced an- ignated on-scene-patrol personnel. nually from 8 a.m. until 5 p.m. on the these personnel comprise commis- Wednesday before Memorial Day. sioned, warrant, and petty officers of the Coast Guard. Upon being hailed by (3) Safety Zone C—(i) Location. A mov- a U. S. Coast Guard vessel by siren, ing safety zone including all waters of radio, flashing light, or other means, the Hudson River within a 200-yard ra- the operator of a vessel shall proceed dius of each parade vessel upon its as directed. leaving the parade of ships until it is safely berthed. [CGD1–98–170, 64 FR 24946, May 10, 1999] (ii) Enforcement period. Paragraph (a)(3)(i) of this section is enforced an- § 165.164 Security Zones: Dignitary Ar- nually from 8 a.m. until 5 p.m. on the rival/Departure and United Nations Wednesday before Memorial Day. Meetings, New York, NY. (4) Safety Zone D—(i) Location. A safe- (a) The following areas are estab- ty zone including all waters of the Hud- lished as security zones: son River bound by the following (1) Location. Wall Street heliport: All points: from the southeast corner of waters of the East River within the fol- Pier 90, Manhattan, where it intersects lowing boundaries: East of a line drawn the seawall, west to approximate posi- between approximate position 40°42′01″ tion 40°46′10″ N 074°00′13″ W (NAD 1983), N 074°00′39″ W (east of The Battery) to south to approximate position 40°45′54″ 40°41′36″ N 074°00′52″ W (NAD 1983) (point N 074°00′25″ W (NAD 1983), then east to north of Governors Island) and north of the northeast corner of Pier 83 where it a line drawn from the point north of intersects the seawall. Governors Island to the southwest cor- (ii) Enforcement period. Paragraph ner of Pier 7 North, Brooklyn; and (a)(4)(i) of this section is enforced an- south of a line drawn between the nually from 10 a.m. until 5 p.m., from northeast corner of Pier 13, Manhattan,

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and the northwest corner of Pier 2 sioned, warrant, and petty officers of North, Brooklyn. the Coast Guard. Upon being hailed by (2) [Reserved] a U.S. Coast Guard vessel using siren, (3) Location. Marine Air Terminal, La radio, flashing light, or other means, Guardia Airport: All waters of Bowery the operator of a vessel shall proceed Bay, Queens, New York, south of a line as directed. drawn from the western end of La Guardia Airport at approximate posi- [CGD01–98–006, 64 FR 24948, May 10, 1999, as ° ′ ″ ° ′ ″ amended by CGD01–00–146, 65 FR 47320, Aug. tion 40 46 47 N 073 53 05 W (NAD 1983) 2, 2000] to the Rikers Island Bridge at approximate position 40°46′51″ N 073°53′21″ W § 165.166 Safety Zone: Macy’s July 4th (NAD 1983) and east of a line drawn be- Fireworks, East River, NY. tween the point at the Rikers Island Bridge to a point on the shore in (a) Regulated area. The following area Queens, New York, at approximate po- is a safety zone: All waters of the sition 40°46′36″ N 073°53′31″ W (NAD Upper New York Bay south of a line 1983). drawn from Pier A (Fireboat Station (4) Location. All waters of the East Pier), Battery Park City, in approxi- ° ′ ″ ° ′ ″ River bound by the following points: mate position 40 42 15.4 N 074 01 06.8 W 40°44′37″ N, 073°58′16.5″ W (the base of (NAD 1983) to the easternmost corner East 35th Street, Manhattan), then of the Ellis Island Security Zone, in ap- ° ′ ″ east to 40°44′34.5″ N, 073°58′10.5″ W proximate position 40 41 57.6 N ° ′ ″ (about 175 yards offshore of Manhat- 074 02 06.7 W (NAD 1983); north of a line tan), then northeasterly to 40°45′29″ N, drawn from Pier 7, Jersey City, NJ, in ° ′ ″ 073°57′26.5″ W (about 125 yards offshore approximate position 40 41 26.4 N ° ′ ″ of Manhattan at the Queensboro 074 03 17.3 W (NAD 1983) to Liberty Is- Bridge), then northwesterly to 40°45′31″ land Lighted Gong Buoy 29 (LLNR N, 073°57′30.5″ W (Manhattan shoreline 34995), in approximate position ° ′ ″ ° ′ ″ at the Queensboro Bridge), then south- 40 41 02.2 N 074 02 24.7 W (NAD 1983), erly to the starting point at 40°44′37″ N, on to Governor’s Island Extension 073°58′16.5″ W. All nautical positions are Light (LLNR 35000), in approximate po- ° ′ ″ ° ′ ″ based on North American Datum of sition 40 41 08.3 N 074 01 35.4 W (NAD 1983. 1983); all waters of the East River north (5) Location. All waters of the East of a line drawn from Governors Island, ° ′ ″ River north of a line drawn from ap- in approximate position 40 41 25.3 N ° ′ ″ proximate position 40°44′37″ N, 074 00 42.5 W (NAD 1983) to the south- 073°58′16.5″ W (the base of East 35th west corner of Pier 9A, Brooklyn; south Street, Manhattan), to approximate po- of a line drawn from East 47th Street, sition 40°44′23″ N, 073°57′44.5″ W (Hunters Manhattan through the southern point Point, Long Island City), and south of of Roosevelt Island to 46 Road, Queens; the Queensboro Bridge. All nautical po- and all waters of Newtown Creek west sitions are based on North American of the Pulaski Bascule Bridge. Datum of 1983. (b) Activation period. This section is (6) The security zone will be acti- activated annually from 6:30 p.m. until vated 30 minutes before the dignitaries’ 11:30 p.m. on July 4th. If the event is arrival into the zone and remain in ef- cancelled due to inclement weather fect until 15 minutes after the dig- then this section is in effect from 6:30 nitaries’ departure from the zone. p.m. until 11:30 p.m. on July 5th. (7) The activation of a particular (c) Regulations. (1) The general regu- zone will be announced by facsimile lations contained in 33 CFR 165.23 and marine information broadcasts. apply. (b) Regulations. (1) The general regu- (2) No vessels, except the Staten Is- lations contained in 33 CFR 165.33 land Ferries, will be allowed to transit apply. the safety zone without the permission (2) All persons and vessels shall com- of the Captain of the Port, New York. ply with the instructions of the Coast (3) All persons and vessels shall com- Guard Captain of the Port or the des- ply with the instructions of the Coast ignated on-scene-patrol personnel. Guard Captain of the Port or the des- These personnel comprise commis- ignated on-scene patrol personnel.

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These personnel comprise commis- dius of the fireworks barge in approxi- sioned, warrant, and petty officers of mate position 40°30′04″ N 074°15′35″ W the Coast Guard. Upon being hailed by (NAD 1983), about 240 yards east of a U.S. Coast Guard vessel by siren, Raritan River Cutoff Channel Buoy 2 radio, flashing light, or other means, (LLNR 36595). the operator of a vessel shall proceed (5) Coney Island Safety Zone: All wa- as directed. ters of Lower New York Bay within a (4) Vessels equal to or greater than 20 250-yard radius of the fireworks land meters (65.6 feet) in length, carrying shoot located on the south end of Stee- persons for the purpose of viewing the plechase Pier, Coney Island, in approxi- fireworks, may take position in an area mate position 40°34′11″ N 073°59′00″ W inside the safety zone, at least 200 (NAD 1983). yards off the bulkhead on the west (6) Arthur Kill, Elizabeth, New Jersey bank and just off the pierhead faces on Safety Zone: All waters of the Arthur the east bank of the East River be- Kill within a 150-yard radius of the fire- tween the Williamsburg Bridge and works land shoot located in Elizabeth, North 9th Street, Brooklyn. This area New Jersey, in approximate position is bound by the following points: 40°38′50″ N 074°10′58″ W (NAD 1983), 40°42′45.5″ N 073°58′07.4″ W; thence to about 675 yards west of Arthur Kill 40°42′50.4″ N 073°58′23.2″ W; thence to Channel Buoy 20 (LLNR 36780). 40°43′23.1″ N 073°58′12.7″ W; thence to (7) South Ellis Island Safety Zone: All 40°43′21.5″ N 073°57′45.7″ W; (NAD 1983) waters of Upper New York Bay within thence back to the point of beginning. a 240-yard radius of the fireworks barge All vessels must be in this location by in approximate position 40°41′39.9′ N 6:30 p.m. (e.s.t.) the day of the event. 074°02′33.7′ W (NAD 1983), about 260 [CGD01–00–242, 66 FR 20405, Apr. 23, 2001, as yards south of Ellis Island. amended by CGD01–05–017, 70 FR 35536, June (8) Rockaway Beach Safety Zone: All 21, 2005] waters of the Atlantic Ocean within a 360 yard radius of the fireworks barge § 165.168 Safety Zones; Coast Guard in approximate position 40°34′28.2′ N Captain of the Port New York Fire- 073°50′00.0′ W (NAD 1983), off Beach works Displays. 116th Street. (a) New York Harbor. The following (9) Rockaway Inlet Safety Zone: All areas are safety zones: waters of Rockaway Inlet within a 360 (1) Liberty Island Safety Zone: All wa- yard radius of the fireworks barge in ters of Upper New York Bay within a approximate position 40°34′19.1′ N 360-yard radius of the fireworks barge 073°54′43.5′ W (NAD 1983), about 1,200 in approximate position 40°41′16.5″ N yards south of Point Breeze. 074°02′23″ W (NAD 1983), located in Fed- (10) Pierhead Channel, NJ Safety Zone: eral Anchorage 20–C, about 360 yards All waters of Pierhead Channel and the east of Liberty Island. Kill Van Kull within a 360-yard radius (2) Ellis Island Safety Zone: All waters of the fireworks barge in approximate of Upper New York Bay within a 360- position 40°39′18.8″ N 074°04′39.1″ W (NAD yard radius of the fireworks barge lo- 1983), approximately 315 yards north of cated between Federal Anchorages 20–A the Kill Van Kull Channel. and 20–B, in approximate position (11) Midland Beach, Staten Island Safe- 40°41′45″ N 074°02′09″ W (NAD 1983), ty Zone: All waters of Lower New York about 365 yards east of Ellis Island. Bay within a 500-yard radius of the (3) South Beach, Staten Island Safety fireworks barge in approximate posi- Zone: All waters of Lower New York tion 40°34′12.0″ N 074°04′29.6″ W (NAD Bay within a 360-yard radius of the 1983), approximately 800 yards south- fireworks barge in approximate posi- east of Midland Beach. tion 40°35′11″ N 074°03′42″ W (NAD 1983), (12) Wolfes Pond Park, Staten Island about 350 yards east of South Beach, Safety Zone: All waters of Raritan Bay Staten Island. within a 500-yard radius of the fire- (4) Raritan Bay Safety Zone: All wa- works barge in approximate position ters of Raritan Bay in the vicinity of 40°30′52.1″ N 074°10′58.8″ W (NAD 1983), the Raritan River Cutoff and Ward approximately 540 yards east of Wolfes Point Bend (West) within a 240-yard ra- Pond Park.

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(b) Western Long Island Sound. The (8) Glen Cove, Hempstead Harbor Safety following areas are safety zones: Zone: All waters of Hempstead Harbor (1) Peningo Neck, Western Long Island within a 360-yard radius of the fire- Sound Safety Zone: All waters of west- works barge in approximate position ern Long Island Sound within a 300- 40°51′58″ N 073°39′34″ W (NAD 1983), yard radius of the fireworks barge in about 500 yards northeast of Glen Cove approximate position 40°56′21″ N Breakwater Light 5 (LLNR 27065). 073°41′23″ W (NAD 1983), about 525 yards (9) Bar Beach, Hempstead Harbor Safe- east of Milton Point, Peningo Neck, ty Zone: All waters of Hempstead Har- New York. bor within a 180-yard radius of the fire- (2) Satans Toe, Western Long Island works barge in approximate position Sound Safety Zone: All waters of west- 40°49′50″ N 073°39′12″ W (NAD 1983), ern Long Island Sound within a 360- about 190 yards north of Bar Beach, yard radius of the fireworks barge in Hempstead Harbor, New York. approximate position 40°55′21″ N (10) Larchmont Harbor, Western Long 073°43′41″ W (NAD 1983), about 635 yards Island Sound Safety Zone: All waters of northeast of Larchmont Harbor (East western Long Island Sound within a Entrance) Light 2 (LLNR 25720). 240-yard radius of the fireworks barge ° ′ ″ (3) Larchmont, Western Long Island in approximate position 40 55 21.8 N 073°44′21.7″ W (NAD 1983), about 540 Sound Safety Zone: All waters of west- yards north of Umbrella Rock. ern Long Island Sound within a 240- (11) Orchard Beach, The Bronx, Safety yard radius of the fireworks barge in Zone: All waters of Long Island Sound approximate position 40°54′45″ N in an area bound by the following 073°44′55″ W (NAD 1983), about 450 yards points: 40°51′43.5″ N 073°47′36.3″ W; southwest of the entrance to Horseshoe thence to 40°52′12.2″ N 073°47′13.6″ W; Harbor. thence to 40°52′02.5″ N 073°46′47.8″ W; (4) Manursing Island, Western Long Is- thence to 40°51′32.3″ N 073°47′09.9″ W land Sound Safety Zone: All waters of (NAD 1983), thence to the point of ori- western Long Island Sound within a gin. 360-yard radius of the fireworks barge (c) East River. The following areas are ° ′ ″ in approximate position 40 57 47 N safety zones: ° ′ ″ 073 40 06 W (NAD 1983), about 380 yards (1) Pier 14, East River Safety Zone: All north of Rye Beach Transport Rock waters of the East River within a 180- Buoy 2 (LLNR 25570). yard radius of the fireworks barge in (5) Glen Island, Western Long Island approximate position 40°42′07.5″ N Sound Safety Zone: All waters of west- 074°00′06″ W (NAD 1983), about 250 yards ern Long Island Sound within a 240- southeast of Pier 14, Manhattan, New yard radius of the fireworks barge in York. approximate position 40°53′12″ N (2) Wards Island, East River Safety 073°46′33″ W (NAD 1983), about 350 yards Zone: All waters of the East River east of the northeast corner of Glen Is- within a 150-yard radius of the fire- land, New York. works land shoot in approximate posi- (6) Twin Island, Western Long Island tion 40°46′55.5″ N 073°55′33″ W (NAD Sound Safety Zone: All waters of west- 1983), about 200 yards northeast of the ern Long Island Sound within a 200- Triborough Bridge. yard radius of the fireworks land shoot (3) Pier 16, East River Safety Zone: All in approximate position 40°52′10″ N waters of the East River within a 180- 073°47′07″ W (NAD 1983), at the east end yard radius of the fireworks barge in of Orchard Beach, New York. approximate position 40°42′12.5″ N (7) Davenport Neck, Western Long Is- 074°00′02.0″ W (NAD 1983), about 200 land Sound Safety Zone: All waters of yards east of Pier 16. western Long Island Sound within a (4) Newtown Creek, East River Safety 360-yard radius of the fireworks barge Zone: All waters of the East River in Federal Anchorage No. 1–A, in ap- within a 360-yard radius of the fire- proximate position 40°53′46″ N 073°46′04″ works barge in approximate position W (NAD 1983), about 360 yards north- 40°44′24.0′ N 073°58′00.0″ W (NAD 1983), west of Emerald Rock Buoy (LLNR about 785 yards south of Belmont Is- 25810). land.

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(d) Hudson River. The following areas a 360-yard radius of the fireworks barge are safety zones: in approximate position 40°45′56.9″ N (1) Pier 60, Hudson River Safety Zone: 074°00′25.4″ W (NAD 1983), about 380 All waters of the Hudson River within yards west of Pier 84, Manhattan. a 360-yard radius of the fireworks barge (10) Peekskill Bay, Hudson River Safety in approximate position 40°44′49″ N Zone: All waters of Peekskill Bay with- 074°01′02″ W (NAD 1983), about 500 yards in a 360-yard radius of the fireworks west of Pier 60, Manhattan, New York. barge in approximate position 41°17′16″ (2) The Battery, Hudson River Safety N 073°56′18″ W (NAD 1983), about 670 Zone: All waters of the Hudson River yards north of Travis Point. and Anchorage Channel within a 360- (11) Jersey City, Hudson River Safety yard radius of the fireworks barge in Zone: All waters of the Hudson River approximate position 40°42′00″ N within a 360-yard radius of the fire- 074°01′17″ W (NAD 1983), about 500 yards works barge in approximate position south of The Battery, Manhattan, New 40°42′37.3″ N 074°01′41.6″ W (NAD 1983), York. about 420 yards east of Morris Canal (3) Battery Park City, Hudson River Little Basin. Safety Zone: All waters of the Hudson (12) Newburgh, NY, Safety Zone: All River within a 360-yard radius of the waters of the Hudson River within a fireworks barge in approximate posi- 360-yard radius of the fireworks barge tion 40°42′39″ N 074°01′21″ W (NAD 1983), in approximate position 41°30′01.2″ N about 480 yards southwest of North 073°59′42.5″ W (NAD 1983), approxi- Cove Yacht Harbor, Manhattan, New mately 930 yards east of Newburgh, NY. York. (4) Pier 90, Hudson River Safety Zone: (e) Notification. Coast Guard Activi- All waters of the Hudson River within ties New York will cause notice of the a 360-yard radius of the fireworks barge activation of these safety zones to be in approximate position 40°46′11.8′ N made by all appropriate means to ef- 074°00′14.8″ W (NAD 1983), about 375 fect the widest publicity among the af- yards west of Pier 90, Manhattan. fected segments of the public, includ- (5) Yonkers, New York, Hudson River ing publication in the local notice to Safety Zone: All waters of the Hudson mariners, marine information broad- River within a 360-yard radius of the casts, and facsimile. Fireworks barges fireworks barge in approximate posi- used in these locations will also have a tion 40°56′14.5″ N 073°54′33″ W (NAD sign on their port and starboard side 1983), about 475 yards northwest of the labeled ‘‘FIREWORKS—STAY AWAY’’. Yonkers Municipal Pier, New York. This sign will consist of 10″ high by 1.5″ (6) Hastings-on-Hudson, New York, wide red lettering on a white back- Hudson River Safety Zone: All waters of ground. Shore sites used in these loca- the Hudson River within a 360-yard ra- tions will display a sign labeled dius of the fireworks barge in approxi- ‘‘FIREWORKS—STAY AWAY’’ with mate position 40°59′44.5″ N 073°53′28″ W the same dimensions. (NAD 1983), about 425 yards west of (f) Enforcement period. This section Hastings-on-Hudson, New York. will be enforced from 6 p.m. (e.s.t.) to 1 (7) Pier D, Hudson River Safety Zone: a.m. (e.s.t.) each day a barge with a All waters of the Hudson River within ‘‘FIREWORKS—STAY AWAY’’ sign on a 360-yard radius of the fireworks barge the port and starboard side is on-scene in approximate position 40°42′57.5″ N or a ‘‘FIREWORKS—STAY AWAY’’ 074°01′34″ W (NAD 1983), about 375 yards sign is posted in a location listed in southeast of Pier D, Jersey City, New paragraphs (a) through (d) of this sec- Jersey. tion. Vessels may enter, remain in, or (8) Pier 54, Hudson River Safety Zone: transit through these safety zones dur- All waters of the Hudson River within ing this time frame if authorized by a 360-yard radius of the fireworks barge the Captain of the Port New York or in approximate position 40°44′31″ N designated Coast Guard patrol per- 074°01′00″ W (NAD 1983), about 380 yards sonnel on scene. west of Pier 54, Manhattan. (g) Regulations. (1) The general regu- (9) Pier 84, Hudson River Safety Zone: lations contained in 33 CFR 165.23 All waters of the Hudson River within apply.

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(2) All persons and vessels shall com- vision, facility maintenance or inspec- ply with the instructions of the Coast tion, bunker transfer operations, or Guard Captain of the Port or the des- docking or undocking operations, au- ignated on-scene-patrol personnel. thorized in advance by the Facility Se- These personnel comprise commis- curity Plan, Facility Security Officer sioned, warrant, and petty officers of or designated representative, must not the Coast Guard. Upon being hailed by enter within any part of a zone de- a U. S. Coast Guard vessel by siren, scribed in paragraph (a)(3) of this sec- radio, flashing light, or other means, tion without the express permission of the operator of a vessel shall proceed the Coast Guard Captain of the Port, a as directed. designated representative or designated on-scene patrol personnel. [CDG01–00–004, 65 FR 43239, July 13, 2000, as amended by CGDO1–00–221, 66 FR 16000, Mar. (B) Persons seeking Captain of the 22, 2001; CGD01–03–102, 69 FR 41199, July 8, Port permission to enter within a par- 2004] ticular zone for official business other than authorized passenger, cargo, pro- § 165.169 Safety and Security Zones: vision, facility maintenance or inspec- New York Marine Inspection Zone tion, bunker transfer operations or au- and Captain of the Port Zone. thorized docking or undocking oper- (a) Safety and security zones. The fol- ations may request such authorization lowing waters within the New York by contacting: Commander Coast Marine Inspection Zone and Captain of Guard Sector New York, via the Sector the Port Zone are safety and security Command Center (SCC), at: 212 Coast zones: Guard Drive, Staten Island, NY 10305, (1) Indian Point Nuclear Power Station or via fax to (718) 354–4125 or by con- (IPNPS). All waters of the Hudson tacting the Sector Command Center River within a 300-yard radius of the Duty Officer by phone at: (718) 354–4353. IPNPS pier in approximate position (C) Vessels may transit through any 41°16′12.4″ N, 073°57′16.2″ W (NAD 83). portion of the zone that extends into (2) U.S. Coast Guard Cutters and Shore the navigable channel for the sole pur- Facilities. All waters within 100 yards pose of direct and expeditious transit of: Each moored, or anchored, Coast so long as they remain within the navi- Guard Cutter; Coast Guard Station gable channel, maintain the maximum New York, Staten Island, NY; Coast safe distance from the Part 105 facility, Guard Station Sandy Hook, NJ; Coast and do not stop or loiter within the Guard Station Kings Point, NY; and zone. Coast Guard Aids to Navigation Team (4) Liberty and Ellis Islands. All waters New York, Bayonne, NJ. within 150 yards of Liberty Island, Ellis (3) Part 105 Facilities—(i) Definition. Island, and the bridge between Liberty For the purposes of this section, Part State Park and Ellis Island. 105 Facility means any facility subject (5) Bridge Piers and Abutments, Over- to the regulations contained in 33 CFR head Power Cable Towers, Piers and Tun- part 105, including those designated as nel Ventilators. All waters within 25 ‘‘Public Access Facilities’’ as defined yards of any bridge pier or abutment, in 33 CFR 101.105. For public identifica- overhead power cable tower, pier or tion purposes, all of these facilities are tunnel ventilators south of the Troy, required to have signs posted along the NY Locks. Vessels may transit through shoreline, facing the water, indicating any portion of the zone that extends that there is a 25 yard waterfront secu- into the navigable channel for the sole rity zone surrounding the facilities. purpose of direct and expeditious tran- (ii) Location. All waters within 25 sit through the zone so long as they re- yards of each Part 105 Facility. When a main within the navigable channel, barge, ferry, or other commercial ves- maintain the maximum safe distance sel is conducting transfer operations at from the waterfront facility and do not a Part 105 Facility, the 25-yard zone is stop or loiter within the zone. measured from the outboard side of the (6) New York City Passenger Ship Ter- commercial vessel. minal, Hudson River, NY—(i) Location. (iii) Regulations. (A) Vessels not ac- All navigable waters of the Hudson tively engaged in passenger, cargo, pro- River bound by the following points:

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From the point 40°46′09″ N, 073°59′48.7″ W, thence to 40°47′16.7″ N, 073°52′09.2″ W, W on the seawall midway between Pier thence to 40°47′36.1″ N, 073°51′52.5″ W, 92 and 94, thence northwest to approxi- thence to 40°47′35.1″ N, 073°51′50.5″ W, mate position 40°46′14″ N, 074°00′00.9″ W, thence to 40°47′15.9″ N, 073°52′06.4″ W, approximately 125 yards northwest of thence to 40°47′14.5″ N, 073°52′03.1″ W, Pier 92, thence southwest to approxi- thence to 40°47′10.6″ N, 073°52′06.7″ W, mate position 40°45′56.7″ N, 074°00′15.3″ thence to 40°47′01.9″ N, 073°52′02.4″ W, W, approximately 150 yards west of thence to 40°46′50.4″ N, 073°52′08.1″ W, Pier 86, thence east to the seawall be- thence to 40°46′26.8″ N, 073°51′18.5″ W, tween Pier 84 and Pier 86 at approxi- thence to 40°45′57.2″ N, 073°51′01.8″ W, mate position 40°45′49.6″ N, 073°59′58.1″ thence to 40°45′51.2″ N, 073°50′59.6″ W, W (NAD 1983), thence northeast along thence to 40°45′49.5″ N, 073°51′07.2″ W, the shoreline to the point of origin. thence to 40°45′58.8″ N, 073°51′13.2″ W, (ii) Regulations. Vessels not actively thence to 40°46′02.3″ N, 073°51′20.1″ W, engaged in passenger, cargo, provision, thence to 40°45′48.4″ N, 073°51′37.0″ W, facility maintenance or inspection, (NAD 1983) thence along the shoreline bunker transfer operations, or docking to the point of origin. or undocking operations, authorized in (ii) Location: 100-Yard Zone. All wa- advance by the Facility Security Plan, ters of Bowery and Flushing Bays with- Facility Security Officer or designated in approximately 100 yards of La representative, must not enter within Guardia Airport bound by the following any part of a zone described in para- points: Onshore at Steinway, Queens, graph (a)(6) of this section without the in approximate position 40°46′32.1″ N, express permission of the Coast Guard 073°53′22.4″ W, thence to 40°46′50.6″ N, Captain of the Port, a designated rep- 073°53′07.3″ W, thence to 40°46′53.0″ N, resentative or designated on-scene pa- 073°52′50.9″ W, thence to 40°46′57.6″ N, trol personnel. Persons seeking Cap- 073°52′47.9″ W, thence to 40°47′11.8″ N, tain of the Port permission to enter 073°53′17.3″ W, thence to 40°47′13.0″ N, within the zone described in paragraph 073°53′16.1″ W on Rikers Island, thence (a)(6) of this section for official busi- easterly along the Rikers Island shore- ness other than authorized passenger, line to approximate position 40°47′12.9″ cargo, provision, facility maintenance N, 073°52′17.9″ W, thence to 40°47′16.7″ N, or inspection, bunker transfer oper- 073°52′09.2″ W, thence to 40°47′36.1″ N, ations or authorized docking or 073°51′52.5″ W, thence to 40°47′35.1″ N, undocking operations may request 073°51′50.5″ W, thence to 40°47′15.9″ N, such authorization by contacting: 073°52′06.4″ W, thence to 40°47′14.5″ N, Commander Coast Guard Sector New 073°52′03.1″ W, thence to 40°47′07.9″ N, York, via the Sector Command Center 073°52′09.2″ W, thence to 40°47′01.4″ N, (SCC), at: 212 Coast Guard Drive, Stat- 073°52′06.1″ W, thence to 40°46′50.0″ N, en Island, NY 10305, or via fax to (718) 073°52′14.6″ W, thence to 40°46′22.2″ N, 354–4125 or by contacting the Sector 073°51′16.0″ W, thence to 40°45′57.2″ N, Command Center Duty Officer by 073°51′01.8″ W, thence to 40°45′52.4″ N, phone at: (718) 354–4353. 073°51′00.2″ W, thence to 40°45′50.6″ N, (7) La Guardia Airport, Bowery and 073°51′07.9″ W, thence to 40°45′58.8″ N, Flushing Bays, Queens, NY. (i) Location: 073°51′13.2″ W, thence to 40°46′04.0″ N, 200-Yard Zone. All waters of Bowery 073°51′23.3″ W, thence to 40°45′51.2″ N, and Flushing Bays within approxi- 073°51′38.8″ W, (NAD 1983) thence along mately 200 yards of La Guardia Airport the shoreline to the point of origin. bound by the following points: Onshore (iii) Enforcement period. The zones de- at Steinway, Queens, in approximate scribed in paragraph (a)(7) of this sec- position 40°46′32.1″ N, 073°53′22.4″ W, tion will be effective at all times. When thence to 40°46′52.8″ N, 073°53′09.3″ W, port security conditions permit, the thence to 40°46′54.8″ N, 073°52′54.2″ W, Captain of the Port will allow vessels thence to 40°46′59.3″ N, 073°52′51.3″ W, to operate within that portion of the thence to 40°47′11.8″ N, 073°53′17.3″ W, waters described in paragraph (a)(7)(i) thence to 40°47′13.0″ N, 073°53′16.1″ W on that lies outside of the waters de- Rikers Island, thence easterly along scribed in paragraph (a)(7)(ii). Author- the Rikers Island shoreline to approxi- ization to enter the waters that lie be- mate position 40°47′12.9″ N, 073°52′17.9″ tween the outer boundaries of the

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zones described in paragraphs (a)(7)(i) 073°45′00.3″ W, (NAD 1983) thence along and (a)(7)(ii) will be communicated by the shoreline to the point of origin. the Captain of the Port to the public (v) Enforcement period. The zones de- by marine broadcast, or local notice to scribed in paragraphs (a)(8) of this sec- mariners, or notice posted at http:// tion will be effective at all times. When homeport.uscg.mil/newyork. port security conditions permit, the (8) John F. Kennedy Airport, Jamaica Captain of the Port will allow vessels Bay, Queens, NY. (i) Location: Bergen to operate within that portion of the Basin. All waters of Bergen Basin north waters described in paragraph (a)(8)(iii) of 40°39′26.4″ N. that lies outside of the waters de- (ii) Location: Thurston Basin. All wa- scribed in paragraph (a)(8)(iv). Author- ters of Thurston Basin north of ization to enter the waters that lie be- 40°38′21.2″ N. tween the outer boundaries of the (iii) Location: 200-Yard Zone. All wa- zones described in paragraphs (a)(8)(iii) ters of Jamaica Bay within approxi- and (a)(8)(iv) will be communicated by mately 200 yards of John F. Kennedy the Captain of the Port to the public Airport bound by the following points: by marine broadcast, local notice to Onshore east of Bergen Basin, Queens, mariners, or notice posted at http:// in approximate position 40°38′49.0″ N, homeport.uscg.mil/newyork. 073°49′09.1″ W, thence to 40°38′42.5″ N, (9) NYPD Ammunition Depot, Rodman 073°49′13.2″ W, thence to 40°38′00.6″ N, Neck, Eastchester Bay, NY. (i) Location: 073°47′35.1″ W, thence to 40°37′52.3″ N, 150-Yard Zone. All waters of 073°47′55.0″ W, thence to 40°37′50.3″ N, Eastchester Bay within approximately 073°47′53.5″ W, thence to 40°37′59.4″ N, 150 yards of Rodman Neck bound by the 073°47′32.6″ W, thence to 40°37′46.1″ N, following points: Onshore in approxi- 073°47′07.2″ W, thence to 40°37′19.5″ N, mate position 40°51′30.4″ N, 073°48′14.9″ 073°47′30.4″ W, thence to 40°37′05.5″ N, W, thence to 40°51′29.9″ N, 073°48′20.7″ W, 073°47′03.0″ W, thence to 40°37′34.7″ N, thence to 40°51′16.9″ N, 073°48′22.5″ W, 073°46′40.6″ W, thence to 40°37′20.5″ N, thence to 40°51′07.5″ N, 073°48′18.7″ W, 073°46′23.5″ W, thence to 40°37′05.7″ N, thence to 40°50′54.2″ N, 073°48′11.1″ W, 073°46′34.9″ W, thence to 40°36′54.8″ N, thence to 40°50′48.5″ N, 073°48′04.6″ W, 073°46′26.7″ W, thence to 40°37′14.1″ N, thence to 40°50′49.2″ N, 073°47′56.5″ W, 073°46′10.8″ W, thence to 40°37′36.9″ N, thence to 40°51′03.6″ N, 073°47′47.3″ W, 073°45′52.8″ W, thence to 40°38′00.8″ N, thence to 40°51′15.7″ N, 073°47′46.8″ W, 073°44′54.9″ W, thence to 40°38′05.1″ N, thence to 40°51′23.5″ N, 073°47′41.9″ W, 073°45′00.3″ W, (NAD 1983) thence along (NAD 1983) thence southwesterly along the shoreline to the point of origin. the shoreline to the point of origin. (iv) Location: 100-Yard Zone. All wa- (ii) Location: 100-Yard Zone. All waters of Jamaica Bay within approxi- ters of Eastchester Bay within approximately 100 yards of John F. Kennedy mately 100 yards of Rodman Neck Airport bound by the following points: bound by the following points: Onshore Onshore east of Bergen Basin, Queens, in approximate position 40°51′30.4″ N, in approximate position 40°38′49.0″ N, 073°48′14.9″ W, thence to 40°51′30.1″ N, 073°49′09.1″ W, thence to 40°38′45.1″ N, 073°48′19.0″ W, thence to 40°51′16.8″ N, 073°49′11.6″ W, thence to 40°38′02.0″ N, 073°48′20.5″ W, thence to 40°51′07.9″ N, 073°47′31.8″ W, thence to 40°37′52.3″ N, 073°48′16.8″ W, thence to 40°50′54.9″ N, 073°47′55.0″ W, thence to 40°37′50.3″ N, 073°48′09.0″ W, thence to 40°50′49.7″ N, 073°47′53.5″ W, thence to 40°38′00.8″ N, 073°48′03.6″ W, thence to 40°50′50.1″ N, 073°47′29.4″ W, thence to 40°37′47.4″ N, 073°47′57.9″ W, thence to 40°51′04.6″ N, 073°47′02.4″ W, thence to 40°37′19.9″ N, 073°47′48.9″ W, thence to 40°51′15.9″ N, 073°47′25.0″ W, thence to 40°37′10.0″ N, 073°47′48.4″ W, thence to 40°51′23.5″ N, 073°47′03.7″ W, thence to 40°37′37.7″ N, 073°47′41.9″ W, (NAD 1983) thence south- 073°46′41.2″ W, thence to 40°37′22.6″ N, westerly along the shoreline to the 073°46′21.9″ W, thence to 40°37′05.7″ N, point of origin. 073°46′34.9″ W, thence to 40°36′54.8″ N, (iii) Enforcement period. The zones de- 073°46′26.7″ W, thence to 40°37′14.1″ N, scribed in paragraph (a)(9) of this sec- 073°46′10.8″ W, thence to 40°37′40.0″ N, tion will be effective at all times. When 073°45′55.6″ W, thence to 40°38′02.8″ N, port security conditions permit, the 073°44′57.5″ W, thence to 40°38′05.1″ N, Captain of the Port will allow vessels

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to operate within that portion of the ignated representative to enter this waters described in paragraph (a)(9)(i) zone are authorized to anchor here. that lies outside of the waters de- (B) Vessels do not need permission scribed in paragraph (a)(9)(ii). Author- from the Captain of the Port to transit ization to enter the waters that lie be- the area described in paragraph (a)(12) tween the outer boundaries of the of this section during periods when zones described in paragraphs (a)(9)(i) that security zone is not being en- and (a)(9)(ii) will be communicated by forced. the Captain of the Port to the public (13) Liquefied Hazardous Gas (LHG) by marine broadcast, local notice to Vessels—(i) Definitions. For the purposes mariners, or notice posted at http:// of this section, LHG Vessel means any homeport.uscg.mil/newyork. vessel constructed or converted to (10) Port Newark/Port Elizabeth, New- carry, in bulk, any of the flammable or ark Bay, NJ. All waters of Newark Bay toxic products listed in 33 CFR 127.005, bound by the following points: Table 127.005. 40°41′49.9″ N, 074°07′32.2″ W, thence to (ii) Location. All waters within a 200- 40°41′46.5″ N, 074°07′20.4″ W, thence to yard radius of any LHG Vessel that is 40°41′10.7″ N, 074°07′45.9″ W, thence to underway and all waters within a 100- 40°40′54.3″ N, 074°07′55.7″ W, thence to yard radius of any LHG Vessel that is 40°40′36.2″ N, 074°08′03.8″ W, thence to moored or at anchor. 40°40′29.1″ N, 074°08′06.3″ W, thence to (iii) Enforcement period. The zone de- 40°40′21.9″ N, 074°08′10.0″ W, thence to scribed in paragraph (a)(13) of this sec- 40°39′27.9″ N, 074°08′43.6″ W, thence to tion will be activated upon entry of a 40°39′21.5″ N, 074°08′50.1″ W, thence to LHG Vessel into the navigable waters 40°39′21.5″ N, 074°09′54.3″ W, (NAD 1983) of the United States (see 33 CFR 2.36(a) thence northerly along the shoreline to to include the 12 NM territorial sea) in the point of origin. the New York Captain of the Port Zone (33 CFR 3.05–30). The LHG Vessel will (11) Global Marine Terminal, Upper be identifiable by the requirement to New York Bay. All waters of Upper New fly the Bravo flag (red international York Bay between the Global Marine signal flag under Pub. 102, Inter- and Military Ocean Terminals, west of national Code of Signals) from the out- the New Jersey Pierhead Channel. ermost halyard (above the pilot house) (12) Approaches to New York, Atlantic where it can most easily be seen. In ad- Ocean—(i) Location: All waters of the dition to visual identification of the Atlantic Ocean between the Ambrose LHG Vessel, the Captain of the Port to Hudson Canyon Traffic Lane and the will notify the maritime community of Barnegat to Ambrose Traffic Lane periods during which this zone will be bound by the following points: enforced by methods in accordance ° ′ ″ ° ′ ″ 40 21 29.9 N, 073 44 41.0 W, thence to with 33 CFR 165.7. ° ′ ″ ° ′ ″ 40 21 04.5 N, 073 45 31.4 W, thence to (14) Cruise ships—(i) Definition. For ° ′ ″ ° ′ ″ 40 15 28.3 N, 073 44 13.8 W, thence to the purposes of this section, cruise ship ° ′ ″ ° ′ ″ 40 15 35.4 N, 073 43 29.8 W, thence to means a passenger vessel as defined in 40°19′21.2″ N, 073°42′53.0″ W, (NAD 1983) 46 U.S.C. 2101(22), that is authorized to thence to the point of origin. carry more than 400 passengers and is (ii) Enforcement period. Enforcement 200 or more feet in length. A cruise ship periods for the zone in paragraph (a)(12) under this section will also include fer- of this section will be announced ries as defined in 46 CFR 2.10–25 that through marine information broadcast are authorized to carry more than 400 or other appropriate method of commu- passengers and are 200 feet or more in nication and the zone is activated length. whenever a vessel is anchored in the (ii) Location. All waters within a 100- area described in paragraph (a)(12)(i) or yard radius of any Cruise ship whether a Coast Guard patrol vessel is on-scene. underway, anchored, or at berth. (iii) Regulations. (A) The area de- (iii) Enforcement period. The zone described in paragraph (a)(12) of this sec- scribed in paragraph (a)(14) of this section is not a Federal Anchorage tion will be activated upon entry of Ground. Only vessels directed by the any cruise ship into the navigable wa- Captain of the Port or his or her des- ters of the United States (see 33 CFR

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2.36(a) to include the 12 NM territorial length will be recognizable by their sea) in the New York Captain of the being escorted by a federal, state or Port Zone (33 CFR 3.05–30). This zone local law enforcement or security ves- will remain activated at all times sel. The law enforcement or security while the cruise ship is within the nav- vessel will be identifiable by flashing igable waters of the United States in light, siren, flags, markings and/or the New York Captain of the Port through other means that clearly iden- Zone. tify the vessel as engaged in law en- (15) Designated Vessels—(i) Definition. forcement or security operations. For the purposes of this section, Des- (16) 134th Street Pipeline Metering and ignated Vessels are vessels carrying gov- Regulating Station—(i) Location. All wa- ernment officials, dignitaries, or other ters of the Hudson River within 25 passengers requiring protection by the yards of the 134th Street Pipeline Me- U.S. Secret Service, or other Federal, tering and Regulating Station. State or local law enforcement agency; (ii) Regulations. (A) Vessels not ac- barges or ships carrying petroleum tively engaged in facility maintenance products, chemicals, or other haz- or inspection operations authorized in ardous cargo; and passenger vessels (as advance by the Pipeline Security Offi- defined in 46 U.S.C. 2101(22)), that are cer or designated representative, or au- authorized to carry more than 400 pas- thorized docking or undocking oper- sengers and are less than 200 feet in ations, must not enter within any part length. of a zone described in paragraph (a)(16) (ii) Location. All waters within a 100- of this section without the express per- yard radius of any Designated Vessel. mission of the Coast Guard Captain of (iii) Enforcement period. The zone de- the Port, a designated representative scribed in paragraph (a)(15) of this sec- or designated on-scene patrol per- tion will be activated upon entry of sonnel. any Designated Vessel into the navi- (B) Persons seeking Captain of the gable waters of the United States (see Port permission to enter within a par- 33 CFR 2.36(a) to include the 12 NM ter- ticular zone for official business other ritorial sea) in the New York Captain than authorized passenger, cargo, pro- of the Port Zone (33 CFR 3.05–30). This vision, facility maintenance or inspec- zone will remain activated at all times tion, bunker transfer operations or au- while the Designated Vessel is within thorized docking or undocking oper- the navigable waters of the United ations may request such authorization States in the New York Captain of the by contacting: Commander Coast Port Zone. The Designated Vessels, in- Guard Sector New York, via the Sector cluding ships and barges carrying pe- Command Center (SCC), at: 212 Coast troleum products, chemicals, or other Guard Drive, Staten Island, NY 10305, hazardous cargo will be recognized by or via fax to (718) 354–4125 or by con- the requirement to fly the Bravo flag tacting the Sector Command Center (red international signal flag under Duty Officer by phone at: (718) 354–4353. Pub 102, International Code of Signals (17) Waterfront heliports—(i) Location. from the outermost halyard (above the All waters of the East River within 25 pilot house) where it can most easily yards of the East 34th Street and Wall be seen. Vessels that are constrained Street Heliports, and all waters of the by their draft from leaving the channel Hudson River within 25 yards of the may transit through the zone for the West 30th Street Heliport and the Jer- sole purpose of direct and expeditious sey City/Newport Helistop, areas of transit so long as they remain within land or water under and in immediate the navigable channel, maintain the proximity to them; buildings on such maximum possible safe distance from structures or contiguous to them; and the Designated Vessel, and do not stop equipment and materials on such or loiter within the zone. Designated structures and in such buildings. When Vessels carrying government officials, a barge, ferry, or other commercial dignitaries, or other passengers requir- vessel is conducting transfer oper- ing protection, and passenger vessels ations at a waterfront heliport, the 25- authorized to carry more than 400 pas- yard zone is measured from the out- sengers and are less than 200 feet in board side of the commercial vessel.

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(ii) Regulations. (A) Vessels not ac- § 165.170 Safety Zone: Triathlon, Ulster tively engaged in passenger, cargo, pro- Landing, Hudson River, NY. vision, facility maintenance or inspec- (a) Regulated area. The following area tion, bunker transfer operations, or is a safety zone: All waters of the Hud- docking or undocking operations, au- son River, in the vicinity of Ulster thorized in advance by the Facility Se- Landing, bound by the following curity Plan, Facility Security Officer points: 42°00′03.7″ N, 073°56′43.1″ W; or designated representative, must not thence to 41°59′52.5″ N, 073°56′34.2″ W; enter within any part of a zone de- thence to 42°00′15.1″ N, 073°56′25.2″ W; scribed in paragraph (a)(17) of this sec- thence to 42°00′05.4″ N, 073°56′41.9″ W tion without the express permission of (NAD 1983); thence along the shoreline the Coast Guard Captain of the Port, a to the point of beginning. designated representative, or des- (b) Effective period. This section is in ignated on-scene patrol personnel. effect annually from 6 a.m. until 9 a.m. (B) Persons seeking Captain of the on the first Sunday after July 4th. Port permission to enter within a par- (c) Regulations. (1) The general regu- ticular zone for official business other lations contained in 33 CFR 165.23 than authorized passenger, cargo, pro- apply. vision, facility maintenance or inspection, bunker transfer operations or au- (2) No vessels will be allowed to tran- thorized docking or undocking oper- sit the safety zone without the permis- ations may request such authorization sion of the Captain of the Port, New by contacting: Commander Coast York. Guard Sector New York, via the Sector (3) All persons and vessels shall com- Command Center (SCC), at: 212 Coast ply with the instructions of the Coast Guard Drive, Staten Island, NY 10305, Guard Captain of the Port or the des- or via fax to (718) 354–4125 or by con- ignated on-scene patrol personnel. tacting the Sector Command Center These personnel comprise commis- Duty Officer by phone at: (718) 354–4353. sioned, warrant, and petty officers of (C) Vessels entering or departing the the Coast Guard. Upon being hailed by marina north of the Newport Helistop a U.S. Coast Guard vessel by siren, are authorized to transit through the radio, flashing light, or other means, safety/security zone around the New- the operator of a vessel shall proceed port Helistop during their transit, pro- as directed. vided that helicopters are not taking [CGD01–00–248, 66 FR 29486, May 31, 2001] off or landing. No loitering or unnecessary delay is authorized during these § 165.202 [Reserved] transits. (b) Regulations. (1) Entry into or re- FIFTH COAST GUARD DISTRICT maining in a safety or security zone is prohibited unless authorized by the § 165.T05–0091 Safety Zone; Alligator River, NC. Coast Guard Captain of the Port, New York. (a) Definitions. For the purposes of (2) Persons desiring to transit the this section, Captain of the Port means area of a safety or security zone may the Commander, Sector North Caro- contact the Captain of the Port at tele- lina. Representative means any Coast phone number 718–354–4088 or on VHF Guard commissioned, warrant, or petty channel 14 (156.7 MHz) or VHF channel officer who has been authorized to act 16 (156.8 MHz) to seek permission to on the behalf of the Captain of the transit the area. If permission is grant- Port. ed, all persons and vessels must comply (b) Location. The following area is a with the instructions of the Captain of safety zone: The temporary safety zone the Port or his or her designated rep- will encompass a 100 yard radius on the resentative. waters of the Alligator River centered at (35°54′3″ N/076°00′25″ W) a position di- [CGD01–02–132, 68 FR 2890, Jan. 22, 2003, as amended by CGD01–03–036, 69 FR 2670, Jan. 20, rectly under the U.S. Highway 64 Swing 2004; CGD01–03–020, 69 FR 23306, June 15, 2004; Bridge. USCG–2008–0179, 73 FR 35017, June 19, 2008; (c) Regulations. (1) The general regu- USCG–2007–0074, 74 FR 7191, Feb. 13, 2009] lations contained in § 165.23 of this part

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apply to the area described in para- which the safety/security zones will be graph (b) of this section. enforced by providing notice to mari- (2) Persons or vessels requiring entry ners in accordance with 33 CFR 165.7. into or passage through any portion of (2) Entry into or remaining in this the safety zone must first request au- zone is prohibited unless authorized by thorization from the Captain of the the Coast Guard COTP, Baltimore, Port, or a designated representative, Maryland or his designated representa- unless the Captain of the Port pre- tive. viously announced via Marine Safety (3) Persons desiring to transit the Radio Broadcast on VHF Marine Band area of the security zone may contact Radio channel 22 (157.1 MHz) that this the COTP at telephone number 410–576– regulation will not be enforced in that 2693 or on VHF channel 16 (156.8 MHz) portion of the safety zone. The Captain to seek permission to transit the area. of the Port can be contacted at (252) If permission is granted, all persons 247–4570 or by VHF Marine Band Radio and vessels must comply with the in- channels 13 and 16. structions of the COTP or his or her (d) Enforcement. The U.S. Coast designated representative. Guard may be assisted in the patrol (d) Authority. In addition to 33 U.S.C. and enforcement of the zone by Fed- 1231, the authority for this section in- eral, State, and local agencies. cludes 50 U.S.C. 191. (e) Enforcement period. This zone will be in effect from 7 p.m. to 7 a.m. daily [CDG05–03–008, 68 FR 43311, July 22, 2003] from July 1, 2010 through September 30, 2010. A daily opening will be provided § 165.501 Chesapeake Bay entrance at 1 a.m. if a two hour advanced notice and Hampton Roads, VA and adja- is provided to the contractor by con- cent waters—Regulated Navigation tacting the bridge at telephone number Area. (252) 796–7261 or VHF Marine Band (a) Location. The waters enclosed by Radio channel 13. the shoreline and the following lines are a Regulated Navigation Area: EFFECTIVE DATE NOTE: By USCG–2010–0091, 75 FR 34367, June 17, 2010, temporary (1) Offshore zone. A line drawn due § 165.T05–0091 was added, effective from 7 p.m. East from the mean low water mark at July 1, 2010 through 7 a.m. Sept. 30, 2010. the North Carolina and Virginia border at latitude 36°33′03″ N, longitude § 165.500 Safety/Security Zones; Chesa- 75°52′00″ W, to the Territorial Seas peake Bay, Maryland. boundary line at latitude 36°33′05″ N, (a) Definitions. (1) Certain Dangerous longitude 75°36′51″ W, thence generally Cargo (CDC) means a material defined Northeastward along the Territorial in 33 CFR part 160. Seas boundary line to latitude 38°01′39″ (2) Liquefied Hazardous Gas (LHG) N, longitude 74°57′18″ W, thence due means a material defined in 33 CFR West to the mean low water mark at part 127. the Maryland and Virginia border at (3) Liquefied Natural Gas (LNG) latitude 38°01′39″ N, longitude 75°14′30″ means a material defined in 33 CFR W, thence South along the mean low part 127. water mark on the Virginia coast, and (4) Cruise ship means a vessel defined eastward of the Colregs Demarcation as a ‘‘passenger vessel’’ in 46 U.S.C. 2101 Lines across Chincoteague Inlet, (22). Assawoman Inlet, Gargathy Inlet, (b) Location. The following areas are Metompkin Inlet, Wachapreague Inlet, a safety/security zone: All waters of Quinby Inlet, Great Machipongo Inlet, the Chesapeake Bay and its tributaries, Sand Shoal Inlet, New Inlet, Ship from surface to bottom, within a 500 Shoal Inlet and Little Inlet, to the yard radius around cruise ships and Colregs Demarcation Line across the vessels transporting CDC, LNG, or LHG mouth of Chesapeake Bay, continuing while transiting, anchored, or moored south along the Virginia low water within the COTP Baltimore zone. mark and eastward of the Colregs De- (c) Regulations. (1) The COTP will no- marcation Line across Rudee Inlet to tify the maritime community of af- the point of beginning. All positions fected vessels and the periods during reference NAD 83.

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(2) Inland zone. The waters enclosed Designated representative of the Cap- by the shoreline and the following tain of the Port means a person, includ- lines: ing the duty officer at the Coast Guard (i) A line drawn across the entrance Sector Hampton Roads, the Joint Har- to Chesapeake Bay between Wise Point bor Operations Center watchstander, or and Cape Charles Light, and then con- the Coast Guard or Navy Patrol Com- tinuing to Cape Henry Light. mander who has been authorized by the (ii) A line drawn across the Chesa- Captain of the Port to act on his or her peake Bay between Old Point Comfort behalf and at his or her request to Light and Cape Charles City Range carry out such orders and directions as ‘‘A’’ Rear Light. needed. All patrol vessels shall display (iii) A line drawn across the James the Coast Guard Ensign at all times River along the eastern side of U.S. when underway. Route 17 highway bridge, between New- I–664 Bridge Tunnel means the Mon- port News and Isle of Wight County, itor Merrimac Bridge Tunnel. Virginia. Inland waters means waters within (iv) A line drawn across Chuckatuck the COLREGS Line of Demarcation. Creek along the northern side of the Thimble Shoal Channel consists of the north span of the U.S. Route 17 high- waters bounded by a line connecting way bridge, between Isle of Wight Thimble Shoal Channel Lighted Bell County and Suffolk, Virginia. Buoy 1TS, thence to Thimble Shoal (v) A line drawn across the Lighted Gong Buoy 17, thence to Thim- Nansemond River along the northern ble Shoal Lighted Buoy 19, thence to side of the Mills Godwin (U.S. Route 17) Thimble Shoal Lighted Buoy 21, thence Bridge, Suffolk, Virginia. to Thimble Shoal Lighted Buoy 22, (vi) A line drawn across the mouth of thence to Thimble Shoal Lighted Buoy Bennetts Creek, Suffolk, Virginia. 18, thence to Thimble Shoal Lighted (vii) A line drawn across the Western Buoy 2, thence to the beginning. Branch of the Elizabeth River along Thimble Shoal North Auxiliary Channel the eastern side of the West Norfolk consists of the waters in a rectangular Bridge, Portsmouth, Virginia. area 450 feet wide adjacent to the north (viii) A line drawn across the South- side of Thimble Shoal Channel, the ern Branch of the Elizabeth River southern boundary of which extends along the northern side of the I–64 from Thimble Shoal Channel Lighted highway bridge, Chesapeake, Virginia. Buoy 2 to Thimble Shoal Lighted Buoy (ix) A line drawn across the Eastern 18. Branch of the Elizabeth River along Thimble Shoal South Auxiliary Channel the western side of the west span of the consists of the waters in a rectangular Campostella Bridge, Norfolk, Virginia. area 450 feet wide adjacent to the south (x) A line drawn across the Lafayette side of Thimble Shoal Channel, the River along the western side of the northern boundary of which extends Hampton Boulevard Bridge, Norfolk, from Thimble Shoal Channel Lighted Virginia. Bell Buoy 1TS, thence to Thimble (xi) A line drawn across Little Creek Shoal Lighted Gong Buoy 17, thence to along the eastern side of the Ocean Thimble Shoal Lighted Buoy 19, thence View Avenue (U.S. Route 60) Bridge, to Thimble Shoal Lighted Buoy 21. Norfolk, Virginia. (c) Applicability. This section applies (xii) A line drawn across Lynnhaven to all vessels operating within the Reg- Inlet along the northern side of Shore ulated Navigation Area, including Drive (U.S. Route 60) Bridge, Virginia naval and public vessels, except vessels Beach, Virginia. that are engaged in the following oper- (b) Definitions. In this section: ations: CBBT means the Chesapeake Bay (1) Law enforcement. Bridge Tunnel. (2) Servicing aids to navigation. Coast Guard Patrol Commander is a (3) Surveying, maintenance, or im- Coast Guard commissioned, warrant or provement of waters in the Regulated petty officer who has been designated Navigation Area. by the Commander, Coast Guard Sector (d) Regulations—(1) Anchoring restric- Hampton Roads. tions. No vessel over 65 feet long may

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anchor or moor in the inland waters of (B) Have connecting devices that can the Regulated Navigation Area outside receive a shackle pin of at least two an anchorage designated in § 110.168 of inches in diameter. this title, with these exceptions: (C) Be fitted with recovery pickup (i) The vessel has the permission of lines led outboard of the vessel’s hull. the Captain of the Port. (4) Thimble Shoals Channel controls. (i) (ii) Only in an emergency, when un- A vessel drawing less than 25 feet may able to proceed without endangering not enter the Thimble Shoal Channel, the safety of persons, property, or the unless the vessel is crossing the chan- environment, may a vessel anchor in a nel. Masters should consider the squat channel. of their vessel based upon vessel design (iii) A vessel may not anchor within and environmental conditions. Channel the confines of Little Creek Harbor, crossings shall be made as perpen- Desert Cove, or Little Creek Cove with- dicular to the channel axis as possible. out the permission of the Captain of (ii) Except when crossing the chan- the Port. The Captain of the Port shall nel, a vessel in the Thimble Shoal consult with the Commander, Naval North Auxiliary Channel shall proceed Amphibious Base Little Creek, before in a westbound direction. granting permission to anchor within (iii) Except when crossing the chan- this area. nel, a vessel in the Thimble Shoal (2) Anchoring detail requirements. A South Auxiliary Channel shall proceed self-propelled vessel over 100 gross in an eastbound direction. tons, which is equipped with an anchor (5) Restrictions on vessels with impaired or anchors (other than a tugboat maneuverability—(i) Before entry. A ves- equipped with bow fenderwork of a sel over 100 gross tons, whose ability to type of construction that prevents an maneuver is impaired by heavy weath- anchor being rigged for quick release), er, defective steering equipment, defec- that is underway within two nautical tive main propulsion machinery, or miles of the CBBT or the I–664 Bridge other damage, may not enter the Regu- Tunnel shall station its personnel at lated Navigation Area without the per- locations on the vessel from which mission of the Captain of the Port. they can anchor the vessel without (ii) After entry. A vessel over 100 gross delay in an emergency. tons, which is underway in the Regu- (3) Secondary towing rig requirements lated Navigation Area, that has its on inland waters. (i) A vessel over 100 ability to maneuver become impaired gross tons may not be towed in the infor any reason, shall, as soon as pos- land waters of the Regulated Naviga- sible, report the impairment to the tion Area unless it is equipped with a Captain of the Port. secondary towing rig, in addition to its (6) Requirements for navigation charts, primary towing rig, that: radars, and pilots. No vessel over 100 (A) Is of sufficient strength for tow- gross tons may enter the Regulated ing the vessel. Navigation Area, unless it has on (B) Has a connecting device that can board: receive a shackle pin of at least two (i) Corrected charts of the Regulated inches in diameter. Navigation Area. Instead of corrected (C) Is fitted with a recovery pickup paper charts, warships or other vessels line led outboard of the vessel’s hull. owned, leased, or operated by the (ii) A tow consisting of two or more United States Government and used vessels, each of which is less than 100 only in government noncommercial gross tons, that has a total gross ton- service may carry electronic charting nage that is over 100 gross tons, shall and navigation systems that have met be equipped with a secondary towing the applicable agency regulations re- rig between each vessel in the tow, in garding navigation safety. addition to its primary towing rigs, (ii) An operative radar during periods while the tow is operating within this of reduced visibility; Regulated Navigation Area. The sec- (iii) When in inland waters, a pilot or ondary towing rig must: other person on board with previous ex- (A) Be of sufficient strength for tow- perience navigating vessels on the wa- ing the vessels. ters of the Regulated Navigation Area.

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(7) Emergency procedures. (i) Except as crew, or a member of a Coast Guard provided in paragraph (d)(7)(ii) of this boarding team, boards the vessel with- section, in an emergency any vessel out a valid purpose and photo identi- may deviate from the regulations in fication. this section to the extent necessary to (iii) Report any departure from or avoid endangering the safety of per- movement within the Regulated Navi- sons, property, or the environment. gation Area to the designated rep- (ii) A vessel over 100 gross tons with resentative of the Captain of the Port an emergency that is located within prior to getting underway. two nautical miles of the CBBT or I–664 (iv) The designated representative of Bridge Tunnel shall notify the Captain the Captain of the Port is the Sector of the Port of its location and the na- Command Center (SCC)—Joint Harbor ture of the emergency, as soon as pos- Operations Center (JHOC) which shall sible. be contacted on VHF–FM channel 12, or (8) Vessel speed limits—(i) Little Creek. by calling (757) 668–5555. A vessel may not proceed at a speed (v) In addition to the authorities list- over five knots between the Route 60 ed in this part, this paragraph is pro- bridge and the mouth of Fishermans mulgated under the authority under 33 Cove (Northwest Branch of Little U.S.C. 1226. Creek). (e) Waivers. (1) The Captain of the (ii) Southern Branch of the Elizabeth Port may, upon request, waive any reg- River. A vessel may not proceed at a ulation in this section. speed over six knots between the junc- (2) An application for a waiver must tion of the Southern and Eastern state the need for the waiver and de- Branches of the Elizabeth River and scribe the proposed vessel operations. the Norfolk and Portsmouth Belt Line (f) Control of vessels within the regu- Railroad Bridge between Chesapeake lated navigation area. (1) When nec- and Portsmouth, Virginia. essary to prevent damage, destruction (iii) Norfolk Harbor Reach. Nonpublic or loss of any vessel, facility or port in- vessels of 300 gross tons or more may frastructure, the Captain of the Port not proceed at a speed over 10 knots be- may direct the movement of vessels or tween the Elizabeth River Channel issue orders requiring vessels to anchor Lighted Gong Buoy 5 of Norfolk Harbor or moor in specific locations. Reach (southwest of Sewells Point) at (2) If needed for the maritime, com- approximately 36°58′00″ N, 076°20′00″ W, mercial or security interests of the and gated Elizabeth River Channel United States, the Captain of the Port Lighted Buoys 17 and 18 of Craney Is- may order a vessel to move from the land Reach (southwest of Norfolk location in which it is anchored to an- International Terminal at approxi- other location within the Regulated mately 36°54′17″ N, and 076°20′11″ W. Navigation Area. (9) Port security requirements. Vessels (3) The master of a vessel within the in excess of 300 gross tons, including Regulated Navigation Area shall com- tug and barge combinations in excess ply with any orders or directions issued of 300 gross tons (combined), shall not to the master’s vessel by the Captain of enter the Regulated Navigation Area, the Port. move within the Regulated Navigation [CGD05–02–099, 68 FR 35175, June 12, 2003, as Area, or be present within the Regu- amended by USCG–2006–25150, 71 FR 39211, lated Navigation Area, unless they July 12, 2006] comply with the following requirements: § 165.502 Safety and Security Zone; (i) Obtain authorization to enter the Cove Point Liquefied Natural Gas Regulated Navigation Area from the Terminal, Chesapeake Bay, Mary- designated representative of the Cap- land. tain of the Port prior to entry. All ves- (a) Location. The following area is a sels entering or remaining in the Regu- safety and security zone: All waters of lated Navigation Area may be subject the Chesapeake Bay, from surface to to a Coast Guard boarding. bottom, encompassed by lines con- (ii) Ensure that no person who is not necting the following points, beginning a permanent member of the vessel’s at 38°24′27″ N, 76°23′42″ W, thence to

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38°24′44″ N, 76°23′11″ W, thence to (c) Regulations. (1) No vessel may ap- 38°23′55″ N, 76°22′27″ W, thence to proach within 500 yards of a passenger 38°23′37″ N, 76°22′58″ W, thence to begin- vessel or vessel carrying a CDC within ning at 38°24′27″ N, 76°23′42″ W. These the Captain of the Port Hampton coordinates are based upon North Roads zone, unless traveling at the American Datum (NAD) 1983. This area minimum speed necessary to navigate is 500 yards in all directions from the safely. Cove Point LNG terminal structure. (2) Under § 165.33, no vessel or person (b) Regulations. (1) In accordance with may approach within 100 yards of a the general regulations in §§ 165.23 and passenger vessel or vessel carrying a 165.33 of this part, entry into or move- CDC within the Captain of the Port ment within this zone is prohibited un- Hampton Roads zone, unless authorized less authorized by the Coast Guard by the COTP Hampton Roads or his or Captain of the Port, Baltimore, Mary- her designated representative. land or his designated representative. (3) The COTP Hampton Roads may Designated representatives include any notify the maritime and general public Coast Guard commissioned, warrant, or by marine information broadcast of the petty officer. periods during which individual secu- (2) Persons desiring to transit the rity zones have been activated by pro- area of the zone may contact the Cap- viding notice in accordance with 33 tain of the Port at telephone number CFR 165.7. (410) 576–2693 or via VHF Marine Band (4) A security zone in effect around a Radio Channel 16 (156.8 MHz) to seek moving or anchored vessel will be en- permission to transit the area. If per- forced by a law enforcement vessel. A mission is granted, all persons and ves- security zone in effect around a moored sels must comply with the instructions vessel will be enforced by a law en- of the Captain of the Port or his des- forcement agent shoreside, a law en- ignated representative. forcement vessel waterside, or both. (c) Enforcement. The U.S. Coast Guard (5) Persons desiring to transit the may be assisted in the patrol and en- area of the security zone within 100 forcement of the zone by Federal, yards of a passenger vessel or vessel State, local, and private agencies. carrying a CDC must contact the COTP Hampton Roads on VHF-FM channel 16 [CGD05–03–023, 68 FR 75133, Dec. 30, 2003] (156.8 MHz) or telephone number (757) 668–5555 or (757) 484–8192 to seek permis- § 165.503 Security Zone; Captain of the sion to transit the area. All persons Port Hampton Roads Zone. and vessels must comply with the in- (a) Definitions. As used in this sec- structions of the COTP or the COTP’s tion— designated representative. Certain dangerous cargo or CDC means (d) Enforcement. The COTP will en- a material defined as CDC in 33 CFR force these zones and may enlist the 160.204. aid and cooperation of any Federal, Designated Representative of the Cap- state, county, or municipal law en- tain of the Port is any U.S. Coast forcement agency to assist in the en- Guard commissioned, warrant or petty forcement of the regulation. officer who has been authorized by the [CGD05–04–067, 69 FR 40769, July 7, 2004] Captain of the Port (COTP), Hampton Roads, Virginia to act on his or her be- § 165.504 Newport News Shipbuilding half. and Dry Dock Company Shipyard, Passenger vessel means a vessel de- James River, Newport News, Va. fined as a passenger vessel in 46 CFR (a) Location. The following is a secu- part 70. rity zone: The waters of the James (b) Location. All navigable waters of River encompassed by a line beginning the Captain of the Port Hampton at the intersection of the shoreline Roads zone (defined in 33 CFR 3.25–10) with the northernmost property line of within 500 yards around a passenger the Newport News Shipbuilding and vessel or vessel carrying a CDC, while Dry Dock Co. at latitude 37°00′38.1″ N, the passenger vessel or vessel carrying longitude 76°27′05.7″ W, thence south- CDC is transiting, moored or anchored. erly to latitude 36°59′58.4″ N, longitude

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76°27′16.7″ W, thence southeasterly to thorized to perform work at the ship- latitude 36°59′23.0″ N, longitude yard. 76°26′54.6″ W, thence westerly to lati- (vi) Vessels that are authorized by tude 36°59′21.5″ N, longitude 76°26′58.4″ Newport News Shipbuilding and Dry W, thence southeasterly to latitude Dock Company to moor at and use its 36°59′12.9″ N, longitude 76°26′52.4″ W, facilities. thence easterly to latitude 36°59′14.2″ N, (vii) Commercial shellfish harvesting longitude 76°26′49.1″ W, thence south- vessels taking clams from the shellfish easterly to latitude 36°58′37.8″ N, lon- beds within the zone, if gitude 76°26′26.3″ W, thence easterly to (A) The owner of the vessel has pre- latitude 36°58′43.5″ N, longitude viously provided the Captain of the 76°26′13.7″ W, thence northerly to the Port, Hampton Roads, Virginia, infor- intersection of the shoreline with the mation about the vessel, including: southernmost property line of the New- (1) The name of the vessel; port News Shipbuilding and Dry Dock (2) The vessel’s official number, if Co. at latitude 36°58′48.0″ N, longitude documented, or state number, if num- 76°26′11.2″ W, thence northwesterly bered by a state issuing authority; along the shoreline to the point of be- (3) A brief description of the vessel, ginning. including length, color, and type of (b) Security zone anchorage. The fol- vessel; lowing is a security zone anchorage: (4) The name, Social Security num- The waters of the James River encom- ber, current address, and telephone passed by a line beginning at the inter- number of the vessel’s master, oper- section of the shoreline with the north- ator, or person in charge; and ernmost property line of the Newport (5) Upon request, information the News Shipbuilding and Dry Dock Com- vessel’s crew. (B) The vessel is operated in compli- pany shipyard at latitude 37°00′38.1″ N, ance with any specific orders issued to longitude 76°27′05.7″ W, thence south- the vessel by the Captain of the Port or erly to latitude 36°59′58.4″ N, longitude other regulations controlling the oper- 76°27′16.7″ W, thence easterly to the ation of vessels within the security shoreline at latitude 36°59′58.5″ N, lon- zone that may be in effect. gitude 76°27′11.6″ W, thence along the (d) Enforcement. The U.S. Coast shoreline to the point of beginning. Guard may be assisted in the enforce- (c) Special Regulations. (1) Section ment of this zone by the U.S. Navy. 165.33 (a), (e), and (f) do not apply to the following vessels or individuals on [CGD5 86–03, 51 FR 18322, May 19, 1986, as board those vessels: amended by CGD5 87–038, 52 FR 41996, Nov. 2, 1987] (i) Public vessels of the United States. § 165.505 Security Zone; Calvert Cliffs (ii) Public vessels owned or operated Nuclear Power Plant, Chesapeake by the Commonwealth of Virginia or Bay, Calvert County, Maryland. its subdivisions for law enforcement or (a) Location. The following area is a firefighting purposes. security zone: All waters of the Chesa- (iii) Vessels owned by, operated by, peake Bay, from surface to bottom, en- or under charter to Newport News compassed by lines connecting the fol- Shipbuilding and Dry Dock Co. lowing points, beginning at 38°26′06″ N, (iv) Vessels that are performing work 076°26′18″ W, thence to 38°26′10″ N, at Newport News Shipbuilding and Dry 076°26′12″ W, thence to 38°26′21″ N, Dock Co., including the vessels of sub- 076°26′28″ W, thence to 38°26′14″ N, contractors and other vendors of New- 076°26′33″ W, thence to beginning at port News Shipbuilding and Dry Dock 38°26′06″ N, 076°26′18″ W. These coordi- Co. or other persons that have a con- nates are based upon North American tractual relationship with Newport Datum (NAD) 1983. News Shipbuilding and Dry Dock Co. (b) Regulations. (1) Entry into or re- (v) Vessels that are being built, remaining in this zone is prohibited un- built, repaired, or otherwise worked on less authorized by the Coast Guard at or by Newport News Shipbuilding Captain of the Port, Baltimore, Mary- and Dry Dock Co. or another person au- land.

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(2) Persons desiring to transit the immediately adjacent to the shoreline area of the security zone may contact and facing the water labeled ‘‘FIRE- the Captain of the Port at telephone WORKS—DANGER—STAY AWAY’’. number 410–576–2693 or on VHF channel This will provide on scene notice that 16 (156.8 MHz) to seek permission to the safety zone will be enforced on that transit the area. If permission is grant- day. This notice will consist of a dia- ed, all persons and vessels must comply mond shaped sign 4 feet by 4 feet with with the instructions of the Captain of a 3-inch orange retro reflective border. the Port or his or her designated rep- The word ‘‘DANGER’’ shall be 10-inch resentative. black block letters centered on the (c)Authority: In addition to 33 U.S.C. sign with the words ‘‘FIREWORKS’’ 1231 and 50 U.S.C. 191, the authority for and ‘‘STAY AWAY’’ in 6-inch black this section includes 33 U.S.C. 1226. block letters placed above and below [CGD05–02–080, 68 FR 15053, Mar. 28, 2003] the word ‘‘DANGER’’ respectively on a white background. § 165.506 Safety Zones; Fifth Coast (2) Coast Guard Captains of the Port Guard District Fireworks Displays. in the Fifth Coast Guard District will (a) Regulations. The following regula- notify the public of the enforcement of tions apply to the fireworks safety these safety zones by all appropriate zones listed in the Table to § 165.506. means to effect the widest publicity (1) The general regulations contained among the affected segments of the in 33 CFR 165.23 apply. public. Publication in the Local Notice (2) These regulations will be enforced to Mariners, marine information broad- annually, for the duration of each fire- casts, and facsimile broadcasts may be works event listed in the Table to made for these events, beginning 24 to § 165.506. In the case of inclement 48 hours before the event is scheduled weather the event may be conducted on to begin, to notify the public. The pub- the day following the date listed in the lic may also be notified about many of Table to § 165.506. Annual notice of the the listed marine events by local news- exact dates and times of the enforce- papers, radio and television stations. ment period of the regulation with re- The various methods of notification spect to each safety zone, the geo- provided by the Coast Guard and local graphical area, and other details con- community media outlets will facili- cerning the nature of the fireworks tate informing mariners so they can event will be published in Local No- adjust their plans accordingly. tices to Mariners and transmitted via (c) Contact information. Questions Broadcast Notice to Mariners over about safety zones and related events VHF–FM marine band radio. should be addressed to the local Coast (3) All persons and vessels shall com- Guard Captain of the Port for the area ply with the instructions of the Coast in which the event is occurring. Con- Guard Captain of the Port or the des- tact information is listed below. For a ignated on-scene-patrol personnel. description of the geographical area of Those personnel are comprised of com- each Coast Guard Sector—Captain of missioned, warrant, and petty officers the Port zone, please see 33 CFR 3.25. of the U.S. Coast Guard. Other Federal, (1) Coast Guard Sector Delaware State and local agencies may assist Bay—Captain of the Port Zone, Phila- these personnel in the enforcement of delphia, Pennsylvania: (215) 271–4944. the safety zone. Upon being hailed by a (2) Coast Guard Sector Baltimore— U.S. Coast Guard vessel by siren, radio, Captain of the Port Zone, Baltimore, flashing light or other means, the oper- Maryland: (410) 576–2525. ator of a vessel shall proceed as di- (3) Coast Guard Sector Hampton rected. Roads—Captain of the Port Zone, Nor- (b) Notification. (1) Fireworks barges folk, Virginia: (757) 483–8567. and launch sites on land that operate (4) Coast Guard Sector North Caro- within the regulated areas contained in lina—Captain of the Port Zone, Atlan- the Table to § 165.506 will have a sign tic Beach, North Carolina: (252) 247– affixed to the port and starboard side 4545. of the barge, or mounted on a post 3 (d) Enforcement period. The safety feet above ground level when on land zones in the Table to § 165.506 will be

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enforced from 5:30 p.m. to 1 a.m. each the Table to § 165.506. Vessels may not day a barge with a ‘‘FIREWORKS— enter, remain in, or transit through DANGER—STAY AWAY’’ sign on the the safety zones during these enforce- port and starboard side is on-scene or a ment periods unless authorized by the ‘‘FIREWORKS—DANGER—STAY Captain of the Port or designated Coast AWAY’’ sign is posted on land adjacent Guard patrol personnel on scene. to the shoreline, in a location listed in

TABLE TO § 165.506 [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.]

Number Date Location Regulated area

(a) Coast Guard Sector Delaware Bay—COTP Zone

1 ...... July 4th ...... North Atlantic Ocean, Beth- The waters of the North Atlantic Ocean within a 500 any Beach, DE, Safety yard radius of the fireworks launch platform in ap- Zone. proximate position latitude 38°32′08’’ N, longitude 075°03′15″ W, adjacent to shoreline of Bethany Beach, DE. 2 ...... Labor Day ...... Indian River Bay, DE, All waters of the Indian River Bay within a 360 yard ra- Safety Zone. dius of the fireworks launch location on the pier in approximate position latitude 38°36′42″ N, longitude 075°08′18″ W, about 700 yards east of Pots Net Point, DE. 3 ...... July 4th ...... Atlantic Ocean, Rehoboth All waters of the Atlantic Ocean within a 360 yard ra- Beach, DE, Safety Zone. dius of the fireworks barge in approximate position latitude 38°43′01.2″ N, longitude 075°04′21″ W, approximately 400 yards east of Rehoboth Beach, DE. 4 ...... July 4th ...... North Atlantic Ocean, Ava- The waters of the North Atlantic Ocean within a 500 lon, NJ, Safety Zone. yard radius of the fireworks barge in approximate location latitude 39°05′31″ N, longitude 074°43′00″ W, in the vicinity of the shoreline at Avalon, NJ. 5 ...... July 4th, September—2nd Barnegat Bay, Barnegat The waters of Barnegat Bay within a 500 yard radius Saturday. Township, NJ, Safety of the fireworks barge in approximate position lati- Zone. tude 39°44′50″ N, longitude 074°11′21″ W, approximately 500 yards north of Conklin Island, NJ. 6 ...... July 4th ...... North Atlantic Ocean, Cape The waters of the North Atlantic Ocean within a 500 May, NJ, Safety Zone. yard radius of the fireworks barge in approximate location latitude 38°55′36″ N, longitude 074°55′26″ W, immediately adjacent to the shoreline at Cape May, NJ. 7 ...... July 3rd ...... Delaware Bay, North Cape All waters of the Delaware Bay within a 500 yard ra- May, NJ, Safety Zone. dius of the fireworks barge in approximate position latitude 38°58′00″ N, longitude 074°58′30″ W. 8 ...... August—3rd Sunday ...... Great Egg Harbor Inlet, All waters within a 500 yard radius of the fireworks Margate City, NJ, Safety barge in approximate location latitude 39°19′33″ N, Zone. longitude 074°31′28″ W, on the Intracoastal Water- way near Margate City, NJ. 9 ...... July 4th, August every Metedeconk River, Brick The waters of the Metedeconk River within a 300 yard Thursday, September 1st Township, NJ, Safety radius of the fireworks launch platform in approxi- Thursday. Zone. mate position latitude 40°03′24″ N, longitude 074°06′42″ W, near the shoreline at Brick Township, NJ. 10 ...... July 4th ...... North Atlantic Ocean, The waters of the North Atlantic Ocean within a 500 Ocean City, NJ, Safety yard radius of the fireworks barge in approximate lo- Zone. cation latitude 39°16′22″ N, longitude 074°33′54″ W, in the vicinity of the shoreline at Ocean City, NJ. 11 ...... May—4th Saturday ...... Barnegat Bay, Ocean All waters of Barnegat Bay within a 500 yard radius of Township, NJ, Safety the fireworks barge in approximate position latitude Zone. 39°47′33″ N, longitude 074°10′46″ W. 12 ...... July 4th ...... Little Egg Harbor, Parker All waters of Little Egg Harbor within a 500 yard radius Island, NJ, Safety Zone. of the fireworks barge in approximate position latitude 39°34′18″ N, longitude 074°14′43″ W, approximately 100 yards north of Parkers Island. 13 ...... September—3rd Saturday Delaware River, Chester, All waters of the Delaware River near Chester, PA just PA, Safety Zone. south of the Commodore Barry Bridge within a 250 yards radius of the fireworks barge located in approximate position latitude 39°49′43.2″ N, longitude 075°22′42″ W.

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TABLE TO § 165.506—Continued [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.]

Number Date Location Regulated area

14 ...... September—3rd Saturday Delaware River, Essington, All the waters of the Delaware River near Essington, PA, Safety Zone. PA, west of Little Tinicum Island within a 250 yards radius of the fireworks barge located in the approximate position latitude 39°51′18″ N, longitude 075°18′57″ W. 15 ...... July 4th, Columbus Day, Delaware River, Philadel- All waters of Delaware River, adjacent to Penns Land- December 31st, January phia, PA, Safety Zone. ing, Philadelphia, PA, bounded from shoreline to 1st. shoreline, bounded on the south by a line running east to west from points along the shoreline at latitude 39°56′31.2″ N, longitude 075°08′28.1″ W; thence to latitude 39°56′29.1″ N, longitude 075°07′56.5″ W, and bounded on the north by the Benjamin Franklin Bridge.

(b) Coast Guard Sector Baltimore—COTP Zone

1 ...... April—1st or 2nd Saturday Washington Channel, All waters of the Upper Potomac River within a 150 Upper Potomac River, yard radius of the fireworks barge in approximate Washington, DC, Safety position latitude 38°52′09″ N, longitude 077°01′13″ Zone. W, located within the Washington Channel in Wash- ington Harbor, DC. 2 ...... July 4th, December—1st Severn River and Spa All waters of the Severn River and Spa Creek within and 2nd, Saturday, De- Creek, Annapolis, MD, an area bounded by a line drawn from latitude cember 31st. Safety Zone. 38°58′39.6″ N, longitude 076°28′49″ W; thence to latitude 38°58′41″ N, longitude 076°28′14″ W; thence to latitude 38°59′01″ N, longitude 076°28′37″ W; thence to latitude 38°58′57″ N, longitude 076°28′40″ W, located near the entrance to Spa Creek in Annapolis, Maryland. 3 ...... Saturday before Independ- Middle River, Baltimore All waters of the Middle River within a 300 yard radius ence Day holiday. County, MD, Safety of the fireworks barge in approximate position lati- Zone. tude 39°17′45″ N, longitude 076°23′49″ W, approximately 300 yards east of Rockaway Beach, near Turkey Point. 4 ...... July 4th, December 31st .... Patapsco River (Middle All waters of the Patapsco River, Middle Branch, within Branch), Baltimore, MD, an area bound by a line drawn from the following Safety Zone. points: latitude 39°15′22″ N, longitude 076°36′36″ W; thence to latitude 39°15′10″ N, longitude 076°36′00″ W; thence to latitude 39°15′40″ N, longitude 076°35′23″ W; thence to latitude 39°15′49″ N, longitude 076°35′47″ W; thence to the point of origin, located approximately 600 yards east of Han- over Street (SR–2) Bridge. 5 ...... June 14th, July 4th, Sep- Northwest Harbor (East All waters of the Patapsco River within a 300 yard ra- tember—2nd Saturday, Channel), Patapsco dius of the fireworks barge in approximate position December 31st. River, MD, Safety Zone. 39°15′55″ N, 076°34′35″ W, located adjacent to the East Channel of Northwest Harbor. 6 ...... May—3rd Friday, July 4th, Baltimore Inner Harbor, Pa- All waters of the Patapsco River within a 150 yard ra- December 31st. tapsco River, MD, Safety dius of the fireworks barge in approximate position Zone. latitude 39°16′55″ N, longitude 076°36′17″ W, located at the entrance to Baltimore Inner Harbor, approximately 150 yards southwest of pier 6. 7 ...... May—3rd Friday, July 4th, Baltimore Inner Harbor, Pa- The waters of the Patapsco River within a 100 yard ra- December 31st. tapsco River, MD, Safety dius of approximate position latitude 39°17′03″ N, Zone. longitude 076°36′36″ W, located in Baltimore Inner Harbor, approximately 150 yards southeast of pier 1. 8 ...... July 4th, December 31st .... Northwest Harbor (West All waters of the Patapsco River within a 300 yard ra- Channel) Patapsco dius of the fireworks barge in approximate position River, MD, Safety Zone. latitude 39°16′21″ N, longitude 076°34′38″ W, located adjacent to the West Channel of Northwest Harbor. 9 ...... July 4th ...... Patuxent River, Calvert All waters of the Patuxent River within a 280 yard ra- County, MD, Safety dius of the fireworks barge in approximate position Zone. latitude 38°19′06.6″ N, longitude 076°26′10.1″ W, approximately 1450 yards west of Drum Point, MD. 10 ...... July 4th ...... Patuxent River, Solomons All waters of the Patuxent River within a 400 yard ra- Island, Calvert County, dius of the fireworks barge located at latitude MD, Safety Zone. 38°19′03″ N, longitude 076°26′07.6″ W.

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TABLE TO § 165.506—Continued [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.]

Number Date Location Regulated area

11 ...... July 4th ...... Patuxent River, Solomons All waters of Patuxent River within a 300 yard radius Island, MD, Safety Zone. of the fireworks barge in an area bound by the following points: latitude 38°19′42″ N, longitude 076°28′02″ W; thence to latitude 38°19′26″ N, longitude 076°28′18″ W; thence to latitude 38°18′48″ N, longitude 076°27′42″ W; thence to latitude 38°19′06″ N, longitude 076°27′25″ W; thence to the point of origin, located near Solomons Island, MD. 12 ...... July 4th ...... Chester River, Kent Island All waters of the Chester River, within an area bound Narrows, MD, Safety by a line drawn from the following points: latitude Zone. 38°58′50″ N, longitude 076°15′00″ W; thence north to latitude 38°59′00″ N, longitude 076°15′00″ W; thence east to latitude 38°59′00″ N, longitude 076°14′46″ W; thence southeast to latitude 38°58′50″ N, longitude 076°14′28″ W; thence southwest to latitude 38°58′37″ N, longitude 076°14′36″ W, thence northwest to latitude 38°58′42″ N, longitude 076°14′55″ W, thence to the point of origin, located approximately 900 yards north of Kent Island Narrows (US–50/301) Bridge. 13 ...... July 3rd ...... Chesapeake Bay, Chesa- All waters of the Chesapeake Bay within a 150 yard peake Beach, MD, Safe- radius of the fireworks barge in approximate position ty Zone. latitude 38°41′33″ N, longitude 076°31′48″ W, located near Chesapeake Beach, Maryland. 14 ...... July 4th ...... Choptank River, Cam- All waters of the Choptank River within a 300 yard ra- bridge, MD, Safety Zone. dius of the fireworks launch site at Great Marsh Point, located at latitude 38°35′06″ N, longitude 076°04′46″ W. 15 ...... July—2nd and last Satur- Potomac River, Charles All waters of the Potomac River within a 300 yard ra- day. County, MD, Safety dius of the fireworks barge in approximate position Zone. latitude 38°20′18″ N, longitude 077°15′00″ W, approximately 700 yards north of the shoreline at Fair- view Beach, Virginia. 16 ...... May—last Saturday, July Potomac River, Charles All waters of the Potomac River within a 300 yard ra- 4th. County, MD—Mount dius of the fireworks launch site near the Mount Vernon, Safety Zone. Vernon Estate, in Fairfax County, Virginia, located at latitude 38°42′24″ N, longitude 077°04′56″ W. 17 ...... October—1st Saturday ...... Dukeharts Channel, Poto- All waters of the Potomac River within a 300 yard ra- mac River, MD, Safety dius of the fireworks barge in approximate position Zone. latitude 38°13′48″ N, longitude 076°44′37″ W, located adjacent to Dukeharts Channel near Coltons Point, Maryland. 18 ...... July—Day before Inde- Potomac River, National All waters of the Potomac River within an area bound pendence Day holiday, Harbor, MD, Safety by a line drawn from the following points: latitude November—last Friday. Zone. 38°47′18″ N, longitude 077°01′01″ W; thence to latitude 38°47′11″ N, longitude 077°01′26″ W; thence to latitude 38°47′25″ N, longitude 077°01′33″ W; thence to latitude 38°47′32″ N, longitude 077°01′08″ W; thence to the point of origin, located at National Harbor, Maryland. 19 ...... July 4th, September—last Susquehanna River, Havre All waters of the Susquehanna River within a 150 yard Saturday. de Grace, MD, Safety radius of the fireworks barge in approximate position Zone. latitude 39°32′42″ N, longitude 076°04′30″ W, approximately 800 yards east of the waterfront at Havre de Grace, MD. 20 ...... June and July—Saturday Miles River, St. Michaels, All waters of the Miles River within a 200 yard radius before Independence MD, Safety Zone. of the fireworks barge in approximate position lati- Day holiday. tude 38°47′42″ N, longitude 076°12′23″ W, located near the waterfront of St. Michaels, Maryland. 21 ...... June and July—Saturday Tred Avon River, Oxford, All waters of the Tred Avon River within a 150 yard ra- or Sunday before Inde- MD, Safety Zone. dius of the fireworks barge in approximate position pendence Day holiday. latitude 38°41′48″ N, longitude 076°10′38″ W, approximately 500 yards northwest of the waterfront at Oxford, MD. 22 ...... July 3rd ...... Northeast River, North All waters of the Northeast River within a 300 yard ra- East, MD, Safety Zone. dius of the fireworks barge in approximate position latitude 39°35′26″ N, longitude 075°57′00″ W, approximately 400 yards south of North East Commu- nity Park.

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TABLE TO § 165.506—Continued [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.]

Number Date Location Regulated area

23 ...... June—2nd or 3rd Satur- Upper Potomac River, Al- All waters of the Upper Potomac River within a 300 day, July—1st or 2nd exandria, VA, Safety yard radius of the fireworks barge in approximate Saturday, September— Zone. position 38°48′37″ N, 077°02′02″ W, located near 1st or 2nd Saturday. the waterfront of Alexandria, Virginia. 24 ...... March through October, at Anacostia River, Wash- All waters of the Anacostia River, within a 350 yard ra- the conclusion of ington, DC, Safety Zone. dius of the fireworks barge in approximate position evening MLB games at 38°52′16″ N, 077°00′13″ W, approximately 500 Washington Nationals yards southeast of the shoreline near Washington Ball Park. Nationals Ball Park. 25 ...... June—last Saturday ...... Potomac River, Prince Wil- All waters of the Potomac River within a 200 yard ra- liam County, VA, Safety dius of the fireworks barge in approximate position Zone. latitude 38°34′08″ N, longitude 077°15′34″ W, located near Cherry Hill, Virginia.

1 ...... July 4th ...... Atlantic Ocean, Ocean All waters of the Atlantic Ocean in an area bound by City, MD, Safety Zone. the following points: latitude 38°19′39.9″ N, longitude 075°05′03.2″ W; thence to latitude 38°19′36.7″ N, longitude 075°04′53.5″ W; thence to latitude 38°19′45.6″ N, longitude 075°04′49.3″ W; thence to latitude 38°19′49.1″ N, longitude 075°05′00.5″ W; thence to point of origin. The size of the proposed zone extends approximately 300 yards offshore from the fireworks launch area located at the High Water mark on the beach. 2 ...... May—4th Sunday, June— Isle of Wight Bay, Ocean All waters of Isle of Wight Bay within a 350 yard radius 3rd Monday, June 29th City, MD, Safety Zone. of the fireworks barge in approximate position lati- and July 4th, August— tude 38°22′32″ N, longitude 075°04′30″ W. 1st and 4th Sunday, Au- gust 6th, September— 1st and 4th Sunday. 3 ...... July 4th ...... Assawoman Bay, Fenwick All waters of Assawoman Bay within a 360 yard radius Island—Ocean City, MD, of the fireworks launch location on the pier at the Safety Zone. West end of Northside Park, in approximate position latitude 38°25′57.6″ N, longitude 075°03′55.8″ W. 4 ...... July 4th ...... Broad Bay, Virginia Beach, All waters of the Broad Bay within a 400 yard radius of VA, Safety Zone. the fireworks display in approximate position latitude 36°52′08″ N, longitude 076°00′46″ W, located on the shoreline near the Cavalier Golf and Yacht Club, Vir- ginia Beach, Virginia. 5 ...... October—1st Friday ...... York River, West Point, All waters of the York River near West Point, VA within VA, Safety Zone. a 400 yard radius of the fireworks display located in approximate position latitude 37°31′25″ N, longitude 076°47′19″ W. 6 ...... July 4th ...... York River, Yorktown, VA, All waters of the York River within a 400 yard radius of Safety Zone. the fireworks display in approximate position latitude 37°14′14″ N, longitude 076°30′02″ W, located near Yorktown, Virginia. 7 ...... July 4th ...... Chincoteague Channel, All waters of the Chincoteague Channel within a 360 Chincoteague, VA, Safe- yard radius of the fireworks launch location at the ty Zone. Chincoteague carnival waterfront in approximate position latitude 37°55′40.3″ N, longitude 075°23′10.7″ W, approximately 900 yards southwest of Chin- coteague Swing Bridge. 8 ...... May—1st Friday, July 4th .. James River, Newport All waters of the James River within a 325 yard radius News, VA, Safety Zone. of the fireworks barge in approximate position latitude 36°58′30″ N, longitude 076°26′19″ W, located in the vicinity of the Newport News Shipyard, New- port News, Virginia. 9 ...... July 9th ...... Chesapeake Bay, Hamp- All waters of the Chesapeake Bay within a 350 yard ton, VA, Safety Zone. radius of approximate position latitude 37°02′23″ N, longitude 076°17′22″ W, located near Buckroe Beach. 10 ...... June—4th Friday ...... Chesapeake Bay, Norfolk, All waters of the Chesapeake Bay within a 400 yard VA, Safety Zone. radius of the fireworks display located in position latitude 36°57′21″ N, longitude 076°15′00″ W, located near Ocean View Fishing Pier.

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TABLE TO § 165.506—Continued [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.]

Number Date Location Regulated area

11 ...... July 4th ...... Chesapeake Bay, Virginia All waters of the Chesapeake Bay 400 yard radius of Beach, VA, Safety Zone. the fireworks display in approximate position latitude 36°55′02″ N, longitude 076°03′27″ W, located at the First Landing State Park at Virginia Beach, Virginia. 12 ...... Memorial Day, June—1st Elizabeth River, Southern All waters of the Elizabeth River Southern Branch in and 2nd Friday, Saturday Branch, Norfolk, VA, an area bound by the following points: latitude and Sunday, July 4th, Safety Zone. 36°50′54.8″ N, longitude 076°18′10.7″ W; thence to November—4th Satur- latitude 36°51′7.9″ N, longitude 076°18′01″ W; day, December—1st Sat- thence to latitude 36°50′45.6″ N, longitude urday and December 076°17′44.2″ W; thence to latitude 36°50′29.6″ N, 31st, January—1st. longitude 076°17′23.2″ W; thence to latitude 36°50′7.7″ N, longitude 076°17′32.3″ W; thence to latitude 36°49′58″ N, longitude 076°17′28.6″ W; thence to latitude 36°49′52.6″ N, longitude 076°17′43.8″ W; thence to latitude 36°50′27.2″ N, longitude 076°17′45.3″ W thence to the point of origin. 13 ...... May—2nd Saturday, Sep- Appomattox River, Hope- All waters of the Appomattox River within a 400 yard tember—1st Saturday well, VA, Safety Zone. radius of the fireworks barge in approximate position and Sunday, Decem- latitude 37°19′11″ N, longitude 077°16′55″ W. ber—1st Saturday. 14 ...... July—3rd Saturday ...... John H. Kerr Reservoir, All waters of John H. Kerr Reservoir within a 400 yard Clarksville, VA, Safety radius of approximate position latitude 36°37′51″ N, Zone. longitude 078°32′50″ W, located near the south end of the State Route 15 Highway Bridge. 15 ...... May, June, July, August, Atlantic Ocean, Virginia All waters of the Atlantic Ocean within a 1000 yard ra- September, October— Beach, VA, Safety Zone. dius of the center located near the shoreline at ap- every Wednesday, Fri- A. proximate position latitude 36°51′12″ N, longitude day, Saturday and Sun- 075°58′06″ W, located off the beach between 17th day, July 4th. and 31st streets. 16 ...... September—4th Saturday Atlantic Ocean, VA Beach, All waters of the Atlantic Ocean within a 350 yard ra- VA, Safety Zone. B. dius of approximate position latitude 36°50′35″ N, longitude 075°58′09″ W, located on the 14th Street Fishing Pier. 17 ...... August—4th Friday and Atlantic Ocean, VA Beach, All waters of the Atlantic Ocean within a 350 yard ra- Saturday. VA, Safety Zone. C. dius of approximate position latitude 36°49′55″ N, longitude 075°58′00″ W, located off the beach between 2nd and 6th streets. 18 ...... July 4th ...... Nansemond River, Suffolk, All waters of the Nansemond River within a 350 yard VA, Safety Zone. radius of approximate position latitude 36°44′27″ N, longitude 076°34′42″ W, located near Constant’s Wharf in Suffolk, VA. 19 ...... February—4th Saturday, Chickahominy River, Wil- All waters of the Chickahominy River within a 400 yard July 4th. liamsburg, VA, Safety radius of the fireworks display in approximate posi- Zone. tion latitude 37°14′50″ N, longitude 076°52′17″ W, near Barrets Point, Virginia. 20 ...... July 4th ...... James River, Williamsburg, All waters of the James River within a 350 yard radius VA, Safety Zone. of approximate position latitude 37°13′23.3″ N, longitude 076°40′11.8″ W, located near Kingsmill Re- sort.

(d) Coast Guard Sector North Carolina—COTP Zone

1 ...... July 4th, October—1st Fri- Morehead City Harbor All waters of the Morehead City Harbor Channel that day. Channel, NC, Safety fall within a 360 yard radius of latitude 34°43′01″ N, Zone. longitude 076°42′59.6″ W, a position located at the west end of Sugar Loaf Island, NC. 2 ...... April—2nd Saturday, July Cape Fear River, Wil- All waters of the Cape Fear River within an area 4th, August—3rd Mon- mington, NC, Safety bound by a line drawn from the following points: lati- day, October—1st Friday. Zone. tude 34°13′54″ N, longitude 077°57′06″ W; thence northeast to latitude 34°13′57″ N, longitude 077°57′05″ W; thence north to latitude 34°14′11″ N, longitude 077°57′07″ W; thence northwest to latitude 34°14′22″ N, longitude 077°57′19″ W; thence west to latitude 34°14′22″ N, longitude 077°57′06″ W; thence southeast to latitude 34°14′07″ N, longitude 077°57′00″ W; thence south to latitude 34°13′54″ N, longitude 077°56′58″ W; thence to the point of origin, located approximately 500 yards north of Cape Fear Memorial Bridge.

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TABLE TO § 165.506—Continued [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.]

Number Date Location Regulated area

3 ...... July 4th ...... Green Creek and Smith All waters of Green Creek and Smith Creek that fall Creek, Oriental, NC, within a 300 yard radius of the fireworks launch site Safety Zone. at latitude 35°01′29.6″ N, longitude 076°42′10.4″ W, located near the entrance to the Neuse River in the vicinity of Oriental, NC. 4 ...... July 4th ...... Pasquotank River, Eliza- All waters of the Pasquotank River within a 300 yard beth City, NC, Safety radius of the fireworks launch site in approximate Zone. position latitude 36°18′00″ N, longitude 076°13′00″ W, approximately 200 yards south of the east end of the Elizabeth City Bascule Bridges. 5 ...... July 4th ...... Currituck Sound, Corolla, All waters of the Currituck Sound within a 300 yard ra- NC, Safety Zone. dius of the fireworks barge in approximate position latitude 36°22′48″ N, longitude 075°51′15″ W. 6 ...... July 4th, November—3rd Middle Sound, Figure Eight All waters of the Figure Eight Island Causeway Chan- Saturday. Island, NC, Safety Zone. nel from latitude 34°16′32″ N, longitude 077°45′32″ W, thence east along the marsh to a position located at latitude 34°16′19″ N, longitude 077°44′55″ W, thence south to the causeway at position latitude 34°16′16″ N, longitude 077°44′58″ W, thence west along the shoreline to position latitude 34°16′29″ N, longitude 077°45′34″ W, thence back to the point of origin. 7 ...... June—2nd Saturday, Pamlico River, Washington, All waters of the Pamlico River that fall within a 300 July—1st Saturday after NC, Safety Zone. yard radius of the fireworks launch site at latitude July 4th. 35°32′19″ N, longitude 077°03′20.5″ W, located 500 yards north of Washington railroad trestle bridge. 8 ...... July 4th ...... Neuse River, New Bern, All waters of the Neuse River within a 360 yard radius NC, Safety Zone. of the fireworks barge in approximate position latitude 35°06′07.1″ N, longitude 077°01′35.8″ W, located 420 yards north of the New Bern, Twin Span, high rise bridge. 9 ...... July 4th ...... Edenton Bay, Edenton, All waters within a 300 yard radius of position latitude NC, Safety Zone. 36°03′04″ N, longitude 076°36′18″ W, approximately 150 yards east of the entrance to Queen Anne Creek, Edenton, NC. 10 ...... July 4th, November—4th Motts Channel, Banks All waters of Motts Channel within a 300 yard radius of Monday. Channel, Wrightsville the fireworks barge in approximate position latitude Beach, NC, Safety Zone. 34°12′29″ N, longitude 077°48′27″ W, approximately 560 yards south of Sea Path Marina, Wrightsville Beach, NC. 11 ...... July 4th ...... Cape Fear River, All waters of the Cape Fear River within a 600 yard ra- Southport, NC, Safety dius of the fireworks barge in approximate position Zone. latitude 33°54′40″ N, longitude 078°01′18″ W, approximately 700 yards south of the waterfront at Southport, NC. 12 ...... July 4th ...... Big Foot Slough, Ocracoke, All waters of Big Foot Slough within a 300 yard radius NC, Safety Zone. of the fireworks launch site in approximate position latitude 35°06′54″ N, longitude 075°59′24″ W, approximately 100 yards west of the Silver Lake En- trance Channel at Ocracoke, NC. 13 ...... August—1st Tuesday ...... New River, Jacksonville, All waters of the New River within a 300 yard radius of NC, Safety Zone. the fireworks launch site in approximate position latitude 34°44′45″ N, longitude 077°26′18″ W, approximately one half mile south of the Hwy 17 Bridge, Jacksonville, North Carolina.

[USCG–2008–0189, 74 FR 15848, Apr. 8, 2009] commissioned, warrant, or petty officer who has been authorized by the § 165.507 Security Zone; Chesapeake Captain of the Port, Baltimore, Mary- Bay, between Sandy Point and Kent land to act on his or her behalf. Island, MD. (b) Location. The following area is a (a) Definitions. The Captain of the security zone: All waters of the Chesa- Port, Baltimore, Maryland means the peake Bay, from the surface to the bot- Commander, Coast Guard Sector Balti- tom, within 250 yards north of the more, Maryland or any Coast Guard north (westbound) span of the William

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P. Lane Jr. Memorial Bridge, and 250 town Channel of the Potomac River, yards south of the south (eastbound) from the surface to the bottom, 75 span of the William P. Lane Jr. Memo- yards from the eastern shore measured rial Bridge, from the western shore at perpendicularly to the shore, between Sandy Point to the eastern shore at the Long Railroad Bridge (the most Kent Island, Maryland. eastern bridge of the 5-span, Four- (c) Regulations. (1) All persons are re- teenth Street Bridge Complex) to the quired to comply with the general reg- Theodore Roosevelt Memorial Bridge ulations governing security zones and all waters in between, totally in- found in § 165.33 of this part. cluding the waters of the Georgetown (2) Entry into or remaining in this Channel Tidal Basin. zone is prohibited unless authorized by (c) Regulations. (1) All persons are re- the Coast Guard Captain of the Port, quired to comply with the general reg- Baltimore, Maryland. ulations governing security zones (3) Persons or vessels requiring entry found in § 165.33 of this part. into or passage through the security (2) Entry into or remaining in this zone must first request authorization zone is prohibited unless authorized by from the Captain of the Port, Balti- the Coast Guard Captain of the Port, more to seek permission to transit the Baltimore, Maryland. area. The Captain of the Port, Balti- (3) Persons or vessels requiring entry more, Maryland can be contacted at into or passage through the security telephone number (410) 576–2693. The zone must first request authorization Coast Guard vessels enforcing this sec- from the Captain of the Port, Balti- tion can be contacted on VHF Marine more to seek permission to transit the Band Radio, VHF channel 16 (156.8 area. The Captain of the Port, Balti- MHz). Upon being hailed by a U.S. more, Maryland can be contacted at Coast Guard vessel by siren, radio, telephone number (410) 576–2693. The flashing light, or other means, the op- Coast Guard vessels enforcing this sec- erator of a vessel shall proceed as dition can be contacted on VHF Marine rected. If permission is granted, all per- Band Radio, VHF channel 16 (156.8 sons and vessels must comply with the MHz). Upon being hailed by a U.S. instructions of the Captain of the Port, Coast Guard vessel by siren, radio, Baltimore, Maryland and proceed at flashing light, or other means, the op- the minimum speed necessary to main- erator of a vessel shall proceed as di- tain a safe course while within the rected. If permission is granted, all per- zone. sons and vessels must comply with the (d) Enforcement. The U.S. Coast instructions of the Captain of the Port, Guard may be assisted in the patrol Baltimore, Maryland and proceed at and enforcement of the zone by Fed- the minimum speed necessary to main- eral, State, and local agencies. tain a safe course while within the (e) Enforcement period. This section zone. will be enforced annually on the first (d) Enforcement. The U.S. Coast Sunday in May from 7 a.m. to 5 p.m. Guard may be assisted in the patrol local time. and enforcement of the zone by Fed- eral, State, and local agencies. [CGD05–06–104, 72 FR 14422, Mar. 28, 2007] (e) Enforcement period. This section § 165.508 Security Zone; Georgetown will be enforced from 12:01 a.m. to 11:59 Channel, Potomac River, Wash- p.m. local time annually on July 4. ington, DC. [CGD05–06–105, 72 FR 15836, Apr. 3, 2007] (a) Definitions. (1) The Captain of the Port, Baltimore, Maryland means the § 165.509 Security Zone; Severn River Commander, Coast Guard Sector Balti- and College Creek, Annapolis, MD. more, Maryland or any Coast Guard (a) Definitions. For purposes of this commissioned, warrant, or petty offi- section, the Captain of the Port, Balti- cer who has been authorized by the more, Maryland means the Commander, Captain of the Port, Baltimore, Mary- Coast Guard Sector Baltimore, Mary- land to act on his or her behalf. land or any Coast Guard commissioned, (b) Location. The following area is a warrant, or petty officer who has been security zone: All waters of the George- authorized by the Captain of the Port,

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Baltimore, Maryland to act on his or § 165.510 Delaware Bay and River, her behalf. Salem River, Christina River and (b) Location. The following area is a Schuylkill River-Regulated Naviga- security zone: All waters of the Severn tion Area. River, from shoreline to shoreline, (a) Regulated Navigation Area. The fol- bounded by a line drawn from Horse- lowing is a Regulated Navigation Area: shoe Point, at 38°59′47.6″ N, 076°29′33.2″ The navigable waters of Delaware Bay W; eastward across the Severn river to and River, Salem River, Christina a point located at 39°00′01.5″ N, River, and Schuylkill River, in an area 076°29′08.5″ W; and a line drawn from bounded on the south by a line drawn across the entrance to the Delaware Biemans Point, at 38°59′14.4″ N, ° ′ ″ Bay between Cape May Light and Har- 076 28 30.1 W; westward across the Sev- bor of Refuge Light and then con- ° ′ ″ ern River to a point 38 59 03.5 N, tinuing to the northernmost extremity ° ′ ″ 076 28 50.0 W, located on the Naval of Cape Henlopen, and bounded on the Academy waterfront. This security north by a line drawn across the Dela- zone includes the waters of College ware River between Trenton, NJ and Creek eastward of the King George Morrisville, PA along the southern side Street Bridge (NAD 1983). of the U.S. Route 1 Bridge. (c) Regulations. (1) The general regu- (b) Definitions. As used in this sec- lations governing security zones found tion: in § 165.33 apply to the security zone de- COTP means the Captain of the Port, scribed in paragraph (b) of this section. Delaware Bay and any Coast Guard (2) Entry into or remaining in this commissioned, warrant or petty officer zone is prohibited unless authorized by who has been authorized by the COTP the Coast Guard Captain of the Port, to act on his or her behalf. Dangerous Cargo means those cargoes Baltimore, Maryland. listed in § 160.203 of this chapter when (3) Persons or vessels requiring entry carried in bulk, but does not include into or passage through the security cargoes listed in table 1 of 46 CFR part zone must first request authorization 153. from the Captain of the Port, Balti- Underway means that a vessel is not more to seek permission to transit the at anchor, made fast to the shore, or area. The Captain of the Port, Balti- aground. more, Maryland can be contacted at (c) Applicability. This section applies telephone number (410) 576–2693. The to any vessel operating within the Reg- Coast Guard vessels enforcing this sec- ulated Navigation Area, including a tion can be contacted on Marine Band naval or public vessel, except a vessel Radio VHF channel 16 (156.8 MHz). engaged in: Upon being hailed by a U.S. Coast (1) Law enforcement; Guard vessel by siren, radio, flashing (2) Servicing aids to navigation; or light, or other means, the operator of a (3) Surveying, maintaining, or im- vessel shall proceed as directed. If per- proving waters within the Regulated mission is granted, all persons and ves- Navigation Area. (d) Unless otherwise sels must comply with the instructions Draft limitation. authorized by the COTP, no vessel with of the Captain of the Port, Baltimore, a draft greater than 55 feet may enter Maryland and proceed at the minimum this regulated navigation area. speed necessary to maintain a safe course while within the zone. NOTE: The project depth in many areas of (d) Enforcement. The U.S. Coast the Regulated Navigation Area is less than 55 feet. Guard may be assisted in the patrol and enforcement of the zone by Fed- (e) Oil transfer operations. Unless oth- eral, State, and local agencies. erwise authorized by the COTP, no ves- (e) Enforcement period. This section sel to vessel oil transfer operations, ex- will be enforced annually on the Friday cluding bunkering, may be conducted before the Memorial Day holiday in within the area between the southern boundary of this regulated navigation May from 7:30 a.m. to 2 p.m. local time. area and the southern span of the Dela- [CGD05–06–112, 72 FR 24188, May 2, 2007] ware Memorial Bridge except within

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the anchorage ground designated in sure that at least two wire cable moor- 110.157(a)(1) of this chapter. ing lines (firewarps) are rigged and (f) Requirements for vessels carrying ready for use as emergency towing dangerous cargoes. The master, owner, hookups fore and aft on the vessel; and, or operator of a vessel carrying a dan- (9) Proceed as directed by the COTP. gerous cargo shall: (g) Requirements for vessels operating (1) Notify the COTP at least 72 hours in the vicinity of a vessel carrying dan- before the vessel enters or departs the gerous cargoes. (1) Except for a vessel regulated navigation area and at least that is attending a vessel carrying dan- 12 hours before the vessel moves within gerous cargo with permission from the the regulated navigation area. The no- master of the vessel carrying dan- tice must include a report of the ves- gerous cargo or a vessel that is an- sel’s propulsion and machinery status chored or moored at a marina, wharf, and, for foreign flag vessels, the notice or pier, and which remains moored or must include any outstanding defi- at anchor, no vessel may, without the ciencies identified by the vessel’s flag permission of the COTP: state or classification society; (i) Come or remain within 500 yards (2) Not enter, get or remain underway within the regulated navigation of the port or starboard side or within area if visibility is or is expected to be 1,000 yards of the bow or stern of an unless than two (2) miles. If during the derway vessel that is carrying dan- transit visibility becomes less than two gerous cargo; or (2) miles, the vessel must seek safe an- (ii) Come or remain within 100 yards chorage and notify the COTP imme- of a moored or anchored vessel car- diately; rying dangerous cargo. (3) Not anchor in any area within the (2) The master, owner, or operator of regulated navigation area unless in any vessel receiving permission under times of emergency or with COTP per- paragraph (g)(1) of this section shall: mission; (i) Maintain a continuous radio guard (4) Not transfer dangerous cargo on VHF-FM channels 13 and 16; while the vessel is at anchor or bun- (ii) Operate at ‘‘no wake’’ speed or kering; the minimum speed needed to maintain (5) Maintain a manned watch in the steerage; and steering compartment whenever the (iii) Proceed as directed by the vessel is underway within the regu- COTP. lated navigation area unless the vessel (3) No vessel may overtake a vessel has two separate and independent carrying dangerous cargoes unless the steering control systems with dupli- overtaking can be completed before cate pilothouse steering gear control reaching any bend in the channel. Be- systems which meet the requirements fore any overtaking, the pilots, mas- of 46 CFR 58.25–70; ters or operators of both the over- (6) When anchored within the regu- taking vessel and the vessel being over- lated navigation area and: taken must clearly agree on the cir- (i) Sustained winds are greater than cumstances of the overtaking, includ- 25 knots but less than 40 knots, ensure ing vessel speeds, time and location of the main engines are ready to provide overtaking. full power in five minutes or less; and (ii) Sustained winds are 40 knots or (h) Additional restrictions above the over, ensure that the main engines are C&D Canal. When operating on the on line to immediately provide propul- Delaware River above the C&D Canal: sion; (1) A vessel carrying dangerous cargo (7) While moored within the regu- must be escorted by at least one com- lated navigation area, ensure that at mercial tug; and least two wire cable mooring lines (2) Meeting situations shall be avoid- (firewarps) are rigged and ready for use ed on river bends to the maximum ex- as emergency towing hookups fore and tent possible. aft on the outboard side of the vessel; (i) The COTP will issue a Broadcast (8) While underway or anchored with- Notice to Mariners to inform the main the regulated navigation area, en- rine community of scheduled vessel

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

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(b) Location. The following area is a (LLNR 39210) at approximate position moving safety zone: All waters, from 34°37′57″ North, 077°12′18″ West, and con- surface to bottom, within 200 yards tinuing in the AICW southwest to ahead of or 100 yards outboard or aft of Bogue Sound—New River Daybeacon 70 the historic sloop-of-war USS CON- (LLNR 39290) at approximate position STELLATION, while operating in the 34°33′07″ North, 077°20′30″ West. All co- Inner Harbor, the Northwest Harbor ordinates reference Datum: NAD 1983. and the Patapsco River. (b) Regulations. Notwithstanding the (c) Regulations. (1) The general regu- provisions of 33 CFR 334.440(e)(2)(i), no lations governing safety zones, found vessel may enter the safety zone de- in § 165.23, apply to the safety zone described in paragraph (a) of this section scribed in paragraph (b) of this section. (2) With the exception of USS CON- while weapons firing exercises are in STELLATION ‘‘turn-around’’ partici- progress, except as provided in para- pants, entry into or remaining in this graph (c) of this section or unless per- zone is prohibited, unless authorized by mitted by the Captain of the Port the Captain of the Port, Baltimore, (COTP) Wilmington. Maryland. (1) Red warning flags or red warning (3) Persons or vessels requiring entry lights will be displayed on towers lo- into or passage through the moving cated at both ends of the safety zone safety zone must first request author- (Bear Creek and Cedar Point) while fir- ization from the Captain of the Port, ing exercises are in progress. The flags Baltimore, Maryland to seek permis- or lights will be displayed by 8 a.m. on sion to transit the area. The Captain of days where firing exercises are sched- the Port, Baltimore, Maryland can be uled, and will be removed at the end of contacted at telephone number (410) the firing exercise. 576–2693. The Coast Guard vessels en- (2) A Coast Guard or U.S. Navy vessel forcing this section can be contacted will patrol each end of the safety zone on Marine Band Radio VHF Channel 16 to ensure the public is aware that fir- (156.8 MHz). Upon being hailed by a ing exercises are in progress and that U.S. Coast Guard vessel by siren, radio, the firing area is clear of vessel traffic flashing light, or other means, the per- before weapons are fired. son or vessel shall proceed as directed. If permission is granted, all persons or (c) General information—(1) Announce- vessels must comply with the instruc- ments. The COTP Wilmington will an- tions of the Captain of the Port, Balti- nounce the specific times and locations more, Maryland, and proceed at the of firing exercises by Broadcast Notice minimum speed necessary to maintain to Mariners and Local Notice to Mari- a safe course while within the zone. ners. Normally, weapons firing for each (d) Enforcement. The U.S. Coast firing exercise is limited to a two nau- Guard may be assisted in the patrol tical mile portion of the safety zone. and enforcement of the zone by Fed- The COTP may issue general permis- eral, State and local agencies. sion to transit all or specified parts of (e) Enforcement period. This section the safety zone outside of the actual will be enforced from 2 p.m. through 7 firing area or if firing is temporarily p.m. local time, annually, on the Fri- stopped. This general permission will day following Labor Day. be announced in a Local Notice to [CGD05–07–010, 72 FR 34624, June 25, 2007] Mariners and Broadcast Notice to Mariners. § 165.514 Safety Zone: Atlantic Intra- (2) Camp Lejeune artillery operations. coastal Waterway and connecting Artillery weapons firing over the AICW waters, vicinity of Marine Corps Base Camp Lejeune, North Caro- from Marine Corps Base Camp Lejeune lina. will be suspended and vessels permitted to transit the specified 2-nautical-mile (a) Location. The following area is a firing area for a 1-hour period begin- safety zone: All waters of the Atlantic Intracoastal Waterway (AICW) and ning at the start of each odd-numbered connecting waters, from Bogue hour local time (e.g., 9 a.m.; 1 p.m.). A Sound—New River Daybeacon 58

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

(2) The safety zone boundary can be § 165.518 Security Zone; Waters of the described as follows: starting at the Fifth Coast Guard District. stern of the Battleship USS NORTH (a) Definitions. As used in this sec- CAROLINA, across the Cape Fear River tion— to the north end of the Coast Guard Designated Representative means any moorings, down along the east bank of U.S. Coast Guard commissioned, war- the Cape Fear River to the bow of the rant or petty officer who has been au- tug CAPTAIN JOHN TAXIS Memorial thorized by the District Commander or (Chandler’s Wharf), back across the local Captain of the Port (COTP), as Cape Fear River to Eagle Island, and defined in 33 CFR part 3, subpart 3.25, then up along the west bank of the to act on his or her behalf. Cape Fear River to the stern of the Escorted vessel means a vessel, other Battleship USS NORTH CAROLINA. than a U.S. naval vessel as defined in (b) Definitions. The designated rep- § 165.2015, that is accompanied by one resentative of the Captain of the Port is or more Coast Guard assets or Federal,

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State or local law enforcement agency (7) Persons desiring to transit within assets as listed below: 100 yards of an escorted vessel in the (1) Coast Guard surface or air asset Fifth Coast Guard District must con- displaying the Coast Guard insignia. tact the local Captain of the Port on (2) Coast Guard Auxiliary surface VHF channel 16 (156.800 MHz), VHF asset displaying the Coast Guard Aux- channel 13 (156.650 MHz) or at telephone iliary insignia. numbers: (3) State and/or local law enforce- Philadelphia: (215) 271–4807 ment asset displaying the applicable Baltimore: (410) 576–2693 agency markings and or equipment as- Hampton Roads: (757) 668–5555 or (757) 484– sociated with the agency. 8192 State and/or local law enforcement offi- Wilmington: (910) 772–2200 or (910) 254–1500 cers means any State or local govern- (8) If permission is granted to transit ment law enforcement officer who has within 100 yards of an escorted vessel, authority to enforce State criminal all persons and vessels must comply laws. with the instructions of the District (b) Location. The following area is a Commander, Captain of the Port or security zone: 500-yard radius around their designated representative. escorted vessels in the navigable waters of the Fifth Coast Guard District [CGD05–04–171, 70 FR 11551, Mar. 9, 2005] as defined in 33 CFR 3.25–1, from surface to bottom. § 165.530 Safety Zone: Cape Fear and Northeast Cape Fear Rivers, NC. (c) Regulations. (1) No vessel may approach within 500 yards of an escorted (a) Location. The following area is a vessel within the navigable waters of moving safety zone during the specified the Fifth Coast Guard District, unless conditions: The waters of the Cape traveling at the minimum speed nec- Fear and Northeast Cape Fear Rivers essary to navigate safely. for 500 yards ahead and astern, and 75 (2) No vessel may enter within a 100- yards abeam of a vessel carrying haz- yard radius of an escorted vessel within ardous materials when designated by the navigable waters of the Fifth Coast the Captain of the Port Wilmington, Guard District, without approval from North Carolina. the District Commander, Captain of (b) General Information. (1) The Cap- the Port or their designated represent- tain of the Port and the Duty Officer at atives. the Marine Safety Unit, Wilmington, (3) Moored or anchored vessels, which North Carolina, can be contacted at are overtaken by a moving zone, must telephone number 1–800–325–4956. The remain stationary at their location Coast Guard Patrol Commander enforc- until the escorted vessel maneuvers at ing the safety zone can be contacted on least 500 yards past. VHF-FM channels 16 and 81. (4) Vessels restricted in their ability (2) The Captain of the Port may au- to maneuver may request permission of thorize and designate any Coast Guard the District Commander, Captain of commissioned, warrant, or petty offi- the Port or designated representative cer to act on his behalf in enforcing to enter the security zone in order to this safety zone. ensure safe passage in accordance with (3) The Marine Safety Unit Wil- the Navigation Rules in 33 CFR chapter mington will notify the maritime com- I, subparts D and E. munity of periods during which this (5) The local COTP may notify the safety zone will be in effect by pro- maritime and general public by marine viding advance notice of scheduled ar- information broadcast of the periods rivals and departures of loaded haz- during which individual security zones ardous materials vessels via a marine have been activated by providing no- broadcast Notice to Mariners. tice in accordance with 33 CFR 165.7. (c) Regulation. The general regula- (6) When moored, a security zone tions governing safety zones contained around an escorted vessel may also be in § 165.23 apply. enforced by Coast Guard, State or [COTP Wilmington, NC 94–004, 59 FR 42759, Local law enforcement personnel Aug. 19, 1994, as amended by USCG–2000–7223, shoreside. 65 FR 40059, June 29, 2000]

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§ 165.535 Safety Zone: Atlantic Ocean, 33°52′24.028″ N, Longitude 78°00′29.624″ W Vicinity of Cape Henlopen State (NAD 83)) to mile 26.7 on the Northeast Park, Delaware. Cape Fear River. (a) Location. The following area is a (b) Work areas. Dredging work within safety zone: All waters of the Atlantic the RNA will be conducted in five dis- Ocean within the area bounded by a tinct areas: Ocean Bar II, Horseshoe line drawn north from the tip of Cape Shoal, Passing Lane & Anchorage Henlopen located at latitude 38°48.2′ N, Basin, Big Island, and the Northeast longitude 75°05.5′ W, to a point located Cape Fear River. Drilling or blasting is at latitude 38°49.4′ N, longitude 75°05.5′ expected to occur within the Passing W; thence east to a point located at Lane & Anchorage Basin, Big Island, latitude 38°49.4′ N, longitude 75°01.4′ W; and the Northeast Cape Fear River thence south to a point located at lati- work areas. The blast sites within the tude 38°43.0′ N, longitude 75°01.4′ W; RNA, will be identified and made avail- thence west to a point on the shoreline able to the public through: Broadcast located at latitude 38°43.0′ N, longitude Notices to Mariners or Local Notices to 75°04.5′ W; thence north following the Mariners (Local Notices to Mariners shoreline, to a point located at latitude are available on-line at 38°48.2′ N, longitude 75°05.5′ W. All co- www.navcen.uscg.gov/lnm/d5/); direct ordinate refer to Datum: NAD 1983. contact with the control vessel on (b) Regulation. The general regula- channel 16 VHF-FM; direct contact tions governing safety zones contained with the contractor; or through the in § 165.23 apply. Vessels may not enter Captain of the Port on VHF marine the safety zone without first obtaining Band Radio, channels 13 and 16; or at permission from the Captain of the telephone number (910) 772–2200. In ad- Port (COTP) Delaware Bay. dition, dredge and blasting companies (c) Dates. This section is enforced an- will have a control vessel present at nually on the second Saturday in May the site of each blast. and the following day. (c) Enforcement period. This section (d) General information. (1) Those will be enforced during the months of times during which hazardous condi- August, September, October, Novem- tions exist inside the safety zone will ber, December, and January, each year. be announced by Broadcast Notice to This rule will expire on January 31, Mariners. General permission to enter 2006. the safety zone will be broadcast dur- (d) Definitions. Active work area means ing non-hazardous times. a work area in which blasting, drilling, (2) You can gain access to the safety or dredging operations are currently by calling Sector Field Office Atlantic taking place. City command center at telephone Blast site means the area where explo- number (609) 677–2222 and on VHF chan- sive material is handled during load- nel 13 or 16. ing, including the perimeter formed by (3) The COTP Delaware Bay may au- the loaded blast holes and fifty (50) feet thorize and designate any Coast Guard (15.2 meters) in all directions from commissioned, warrant, or petty offi- loaded holes. cer to act on his behalf in enforcing Blasting operations means the detona- this safety zone. tion of explosives on the river bottom. [CGD05–98–043, 69 FR 28827, May 19, 2004] Captain of the Port means the Coast Guard officer designated by the Com- § 165.540 Regulated Navigation Area; mandant to command the Captain of Cape Fear River, Northeast Cape the Port Zone as described in 33 CFR Fear River, Wilmington, North 3.25–20. Carolina. Control vessel means the vessel at an (a) Description of the Regulated Navi- active work area which coordinates op- gation Area (RNA). The RNA encom- erations within the active work area. passes all waters of the Cape Fear Hangfire means a blast that fails to River and Northeast Cape Fear River detonate at initiation, but detonates at from the intersection of Bald Head a later time. Shoal Channel and Smith Island Chan- Mile means measured as nautical nel (centerline coordinates Latitude miles.

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Misfire means a blast that fails to Cape Fear River Channel Lighted Buoy detonate completely after an attempt 44 (LL 30750)). Upstream end of the at initiation, also the explosive mate- work area is approximately 2,680 feet rial that failed to detonate as planned. upstream of intersection of Upper Big RNA means Regulated Navigation Island Channel and Lower Brunswick Area. Channel (mile 18.7, approximately 1,620 Work area means those places within feet upstream of Cape Fear River Chan- the RNA where dredging, drilling, and nel Lighted Buoy 56 (LL 30830) and ap- blasting shall be conducted. proximately 590 feet downstream of the (e) Description of work areas in the Carolina Power & Light Company RNA—(1) Ocean Bar II, mouth of Cape (CP&L) overhead power line crossing). Fear. The work area includes: Part of (4) Passing Lane and Anchorage Basin. Bald Head Shoal Channel, Smith Island There are two separate work areas for Channel, Baldhead Caswell Channel, this contract, separated by the Big Is- Southport Channel, Battery Island land Contract. Channel, Lower Swash Channel, and (i) Passing Lane work area is located the majority of Snows Marsh Channel. immediately downstream of the Big Is- The downstream end of the work area land contract work area. The work ° (centerline coordinates: Latitude 33 area includes: Reaves Point Channel, ′ ″ ° ′ ″ 50 43.668 N, Longitude 78 01 40.068 W Lower Midnight Channel, Upper Mid- (NAD 1983)) is located southeast of night Channel, Lilliput Channel, and Cape Fear River Channel Lighted Buoy part of Keg Island Channel. Down- 8 (LL 30350), approximately 2,560 feet stream end of Passing Lane work area east of the centerline of the existing is the intersection of Horseshoe Shoal Bald Head Shoal Channel. Upstream Channel and Reaves Point Channel end of the work area is located 1,200 (mile 7.7, at about Cape Fear River feet downstream of the intersection of Channel Lighted Buoy 27 (LL 30550/ Snows Marsh Channel and Horseshoe 39945)). Upstream end of the Passing Shoal Channel at turn six (mile 6.5, ap- Lane work area is approximately 2,230 proximately 1,150 feet downstream of feet upstream of intersection of Upper Cape Fear River Channel Lighted Buoy Lilliput Channel and Keg Island Chan- 25 (LL 30530/39965)). nel (mile 16.2, approximately 1,320 feet (2) Horseshoe Shoal. The work area includes: Horseshoe Shoal Channel and downstream of Cape Fear River Chan- part of Snows Marsh Channel. Down- nel Lighted Buoy 46 (LL 30765) and ap- stream end of the work area is located proximately 2,300 feet upstream of Cape 1,200 feet downstream of the intersec- Fear River Channel Lighted Buoy 44 tion of Snows Marsh Channel and (LL 30750)). Horseshoe Shoal Channel (mile 6.5, ap- (ii) Anchorage Basin work area is lo- proximately 1,150 feet downstream of cated immediately upstream of the Big Cape Fear River Channel Lighted Buoy Island contract work area. The work 25 (LL 30530/39965)). Upstream end of area includes: Part of Lower Brunswick the work area is located at the inter- Channel, Fourth East Jetty Channel, section of Horseshoe Shoal Channel Between Channel, and Anchorage Basin and Reaves Point Channel (mile 7.7, at Channel. Downstream end of Anchor- about Cape Fear River Channel Lighted age Basin work area is approximately Buoy 27 (LL 30550/39945)). 2,680 feet upstream of intersection of (3) Big Island. The work area in- Upper Big Island Channel and Lower cludes: Part of Keg Island Channel, Brunswick Channel (mile 18.7, approxi- Lower Big Island Channel, Upper Big mately 1,620 feet upstream of Cape Island Channel, and part of Lower Fear River Channel Lighted Buoy 56 Brunswick Channel. Downstream end (LL 30830) and approximately 590 feet of the work area is approximately 2,230 downstream of the CP&L overhead feet upstream of the intersection of power line crossing). Upstream end of Upper Lilliput Channel and Keg Island Anchorage Basin work area is the Cape Channel (mile 16.2, approximately 1,320 Fear Memorial Bridge (mile 23.6). feet downstream of Cape Fear River (5) Northeast Cape Fear River. The Channel Lighted Buoy 46 (LL 30765) and downstream end of the work area is the approximately 2,300 feet upstream of Cape Fear Memorial Bridge (mile 23.6).

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Upstream end of the work area (ap- RNA when they are advised that a mis- proximately mile 26.7) is on the North- fire or hangfire has occurred. east Cape Fear River and is approxi- (7) For any vessel with another ves- mately 700 feet upstream of the turning sel/barge in tow transiting an active basin located opposite Koch Sulfur work area, the hawser or wire length of Products Co. and approximately 90 feet the tow shall not exceed 275 feet, meas- downstream of the submerged gas pipe- ured from the towing bit on the tug to line crossing. the point where the hawser or wire (f) Regulations. (1) Blasting, drilling, connects with the towed vessel or and dredging operations raise many barge. safety issues for vessels transiting the (8) Vessels of 300 gross tons or greater RNA. All mariners are reminded to ex- and tugs with tows, shall, prior to en- ercise caution while transiting or oper- tering the RNA, ensure that they have ating in the RNA. sufficient propulsion and directional (2) Active work areas, control ves- control to safely navigate the RNA sels, and blast sites will be identified under the prevailing conditions. via Broadcast Notices to Mariners or (9) Vessels of 300 gross tons or greater Local Notices to Mariners. The Local and tugs with tows are prohibited from Notice to Mariners is available on-line meeting or overtaking vessels of 300 at www.navcen.uscg.gov/lnm/d5/. Control gross tons or greater or tugs with tows vessels shall monitor channel 16 VHF- in active work areas or within one nau- FM. tical mile of an active work area. (3) The following requirements apply (10) The Captain of the Port, Wil- to all vessels. mington may, upon written request, (i) All vessels shall inform them- authorize a deviation from any regula- selves of the active work areas prior to tion in this section if it is found that entering the RNA. the proposed operations can be done (ii) All vessels shall contact and re- safely. An application for deviation ceive permission from the control ves- must be received not less than 48 hours sel for that work area before entering before intended operation and must the active work area. state the need and describe the pro- (iii) All vessels transiting an active posal. work area shall do so at no wake speed [CGD05–01–006, 66 FR 39099, July 27, 2001] or the minimum speed necessary to maintain steerage. § 165.552 Security Zone; Oyster Creek (iv) During blasting operations all Generation Station, Forked River, vessels are prohibited from entering an Ocean County, New Jersey. area of 500 yards surrounding the blast (a) Location. The following area is a site. Upon notification of a misfire or security zone: Starting at the south hangfire, all vessels underway in the branch of the Forked River in the vi- RNA shall proceed to clear the active cinity of the Oyster Creek Generation work area in which the misfire or Station, bounded by a line beginning at hangfire occurred. 39°49′12.0″ N, 074°12′13.0″ W; thence to (4) Vessels over 300 gross tons and 39°48′39.7″ N, 074°12′0″ W; along the tugs with tows are required to contact shoreline, thence to 39°48′40.0″ N, the COTP 12 hours before vessel move- 074°12′0.3″ W; thence to 39°49′11.8″ N, ment within the RNA. 074°12′10.5″ W; thence back along the (5) Vessels meeting the notice of ar- shoreline to the beginning point. All rival requirements under 33 CFR 160.207 coordinates reference Datum: NAD are encouraged to notify the COTP at 1983. least 48-hours before the vessel enters (b) Regulations. (1) All persons are re- the RNA to facilitate scheduling and quired to comply with the general reg- minimize delays. Updates are encour- ulations governing security zones in aged at least 12 hours before arriving § 165.33 of this part. at the RNA boundaries. The COTP may (2) No person or vessel may enter or delay entry into the RNA to accommo- navigate within this security zone un- date other commercial traffic. less authorized to do so by the Coast (6) Vessels of 300 gross tons or greater Guard or designated representative. shall be prohibited from entering the Any person or vessel authorized to

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enter the security zones must operate ignated representative and leave the in strict conformance with any direc- security zone immediately if the Coast tions given by the Coast Guard or des- Guard or designated representative so ignated representative and leave the orders. security zone immediately if the Coast (3) The Coast Guard or designated Guard or designated representative so representative enforcing this section orders. can be contacted on VHF Marine Band (3) The Coast Guard or designated Radio, channels 13 and 16. The Captain representative enforcing this section of the Port can be contacted at (215) can be contacted on VHF Marine Band 271–4807. Radio, channels 13 and 16. The Captain (4) The Captain of the Port will no- of the Port can be contacted at (215) tify the public of any changes in the 271–4807. status of this security zone by Marine (4) The Captain of the Port will no- Safety Radio Broadcast on VHF-FM tify the public of any changes in the marine band radio, channel 22 (157.1 status of this security zone by Marine MHZ). Safety Radio Broadcast on VHF-FM (c) Definitions. For the purposes of marine band radio, channel 22 (157.1 this section, Captain of the Port means MHZ). the Commanding Officer of the Coast (c) For the purposes of Definitions. Guard Sector Delaware Bay, or any this section, means Captain of the Port Coast Guard commissioned, warrant, or the Commanding Officer of the Coast petty officer who has been authorized Guard Sector Delaware Bay, or any by the Captain of the Port to act as a Coast Guard commissioned, warrant, or designated representative on his be- petty officer who has been authorized half. by the Captain of the Port to act as a designated representative on his be- [CGD05–03–113, 69 FR 5279, Feb. 4, 2004] half. § 165.554 Security Zone; Three Mile Is- [CGD05–03–111, 69 FR 5284, Feb. 4, 2004] land Generating Station, Susque- hanna River, Dauphin County, § 165.553 Security Zone; Salem and Pennsylvania. Hope Creek Generation Stations, Delaware River, Salem County, New (a) Location. The following area is a Jersey. security zone: the waters of the Sus- (a) Location. The following area is a quehanna River in the vicinity of the security zone: the waters of the Dela- Three Mile Island Generating Station ware River in the vicinity of the Salem bounded by a line beginning at and Hope Creek Generation Stations 40°09′14.74″ N, 076°43′40.77″ W; thence to bounded by a line drawn from a point 40°09′14.74″ N, 076°43′42.22″ W, thence to located at 39°28′08.0″ N, 075°32′31.7″ W to 40°09′16.67″ N, 076°43′42.22″ W, thence to 39°28′06.5″ N, 075°32′47.4″ W, thence to 40°09′16.67″ N, 076°43′40.77″ W; thence 39°27′28.4″ N, 075°32′15.8″ W, thence to back to the beginning point 40°09′14.74″ 39°27′28.8″ N, 075°31′56.6″ W, thence to N, 076°43′40.77″ W. All coordinates ref- 39°27′39.9″ N, 075°31′51.6″ W, thence along erence Datum: NAD 1983. the shoreline to the point of 39°28′08.0″ (b) Regulations. (1) All persons are re- N, 075°32′31.7″ W. All coordinates ref- quired to comply with the general reg- erence Datum: NAD 1983. ulations governing security zones in (b) Regulations. (1) All persons are re- § 165.33 of this part. quired to comply with the general reg- (2) No person or vessel may enter or ulations governing security zones in navigate within this security zone un- § 165.33 of this part. less authorized to do so by the Coast (2) No person or vessel may enter or Guard or designated representative. navigate within this security zone un- Any person or vessel authorized to less authorized to do so by the Coast enter the security zone must operate in Guard or designated representative. strict conformance with any directions Any person or vessel authorized to given by the Coast Guard or designated enter the security zones must operate representative and leave the security in strict conformance with any direc- zone immediately if the Coast Guard or tions given by the Coast Guard or des- designated representative so orders.

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(3) The Coast Guard or designated § 165.556 Regulated Navigation Area; representative enforcing this section Chesapeake and Delaware Canal, can be contacted on VHF Marine Band Chesapeake City Anchorage Basin, Radio, channels 13 and 16. The Captain MD. of the Port can be contacted at (215) (a) Location. The following area is a 271–4807. The Security Manager at regulated navigation area: All waters Three Mile Island can be contacted at of the Chesapeake and Delaware (C & (717) 948–8208 or (717) 948–8039. D) Canal within the anchorage basin at (4) The Captain of the Port will no- Chesapeake City, Maryland, bounded tify the public of any changes in the by a line drawn across the entrance to status of this security zone by Marine the basin from position latitude Safety Radio Broadcast on VHF-FM 39°31′39.6″ N, longitude 075°48′36.5″ W, to marine band radio, channel 22 (157.1 position latitude 39°31′40.6″ N, longitude MHZ). 075°48′43.3″ W. All coordinates refer to (c) Definitions. For the purposes of NAD 1983. this section, Captain of the Port means (b) Definitions. For the purposes of the Commanding Officer of the Coast this section: Guard Sector Delaware Bay, Coast District Commander means the Com- Guard commissioned, warrant, or petty mander, Fifth Coast Guard District or officer who has been authorized by the any Coast Guard commissioned, war- Captain of the Port to act as a des- rant, or petty officer who has been au- ignated representative on his behalf. thorized by the Commander, Fifth Coast Guard District, to act on his or [CGD05–03–116, 69 FR 46103, Aug. 2, 2004] her behalf, or his or her designated representative. § 165.555 Safety Zone; Delaware River. (c) Regulations. The general regula- (a) Definition. As used in this section, tions governing regulated navigation Captain of the Port means the Com- areas, found in 33 CFR 165.13, apply to mander of Sector Delaware Bay or any the regulated navigation area de- Coast Guard commissioned, warrant or scribed in paragraph (a) of this section. petty officer who has been authorized (1) All vessels and persons are prohib- by the Captain of the Port to act on his ited from entering and accessing this behalf. The Captain of the Port may be regulated navigation area, except as contacted by telephone at (215) 271–4807 authorized by the District Commander or via VHF marine band radio, channel or his or her designated representative. 16. (2) Persons or vessels requiring entry (b) Location. The following area is a into or passage within the regulated safety zone: All waters located within a navigation area must request author- 150-yard radius around the dredging op- ization from the District Commander eration and barge, conducting dredging or his or her designated representative, operations in or near the Marcus Hook by telephone at (410) 576–2693 or by ma- Range in the vicinity of Anchorage 7. rine band radio on VHF–FM Channel 16 (c) Enforcement. This safety zone will (156.8 MHz), from 12:01 a.m. until 11:59 be enforced annually beginning on Sep- p.m. on the last Saturday in June, an- tember 1 through December 31. nually. All Coast Guard vessels enforc- (d) Regulations. (1) All persons are re- ing this regulated navigation area can quired to comply with the general reg- be contacted on marine band radio ulations governing safety zones in 33 VHF–FM Channel 16 (156.8 MHz). CFR 165.23 of this part. (3) The operator of any vessel enter- (2) All Coast Guard vessels enforcing ing or located within this regulated this safety zone or watch officers navigation area shall: (i) Travel at no-wake speed, aboard the Dredge and Barge can be (ii) Stop the vessel immediately upon contacted on VHF marine band radio, being directed to do so by any commis- channel 16. The Captain of the Port sioned, warrant or petty officer on may be contacted by telephone at (215) board a vessel displaying a Coast Guard 271–4807 or via VHF marine band radio, Ensign, and channel 16. (iii) Proceed as directed by any com- [CGD05–04–035, 70 FR 40887, July 15, 2005] missioned, warrant or petty officer on

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board a vessel displaying a Coast Guard the Haulover Canal to the eastern en- Ensign. trance to the canal; then due east to a (4) All vessels and persons within this point in the Atlantic Ocean 3 miles off- regulated navigation area must comply shore at 28°44′42″ N., 80°37′51″ W.; then with any additional instructions of the south along a line 3 miles from the District Commander or the designated coast to Wreck Buoy ‘‘WR6’’, then to representative. Port Canaveral Channel Lighted Buoy (d) Enforcement. The U.S. Coast 10, then west along the northern edge Guard may be assisted in the patrol of the Port Canaveral Channel to the and enforcement of the regulated navi- northeast corner of the intersection of gation area by any Federal, State, and the Cape Canaveral Barge Canal and local agencies. the ICW in the Banana River at (e) Enforcement period. This section 28°24′36″ N., 80°38′42″ W. The line con- will be enforced from 12:01 a.m. until tinues north along the east side of the 11:59 p.m. on the last Saturday in June, Intracoastal Waterway to daymarker annually. ‘35’ thence North Westerly one quarter [USCG–2008–1119, 74 FR 28611, June 17, 2009] of a mile south of NASA Causeway East (Orsino Causeway) to the shore- SEVENTH COAST GUARD DISTRICT line on Merritt Island at position 28°30.95′ N., 80°37.6′ W., then south along § 165.701 Vicinity, Kennedy Space Cen- the shoreline to the starting point. ter, Merritt Island, Florida—secu- (b) The area described in paragraph rity zone. (a) of this section is closed to all ves- (a) The water, land, and land and sels and persons, except those vessels water within the following boundaries and persons authorized by the Com- are a security zone—The perimeter of mander, Seventh Coast Guard District, the Cape Canaveral Barge Canal and or the COTP Jacksonville, Florida, the Banana River at 28°24′33″ N., whenever space vehicles are to be 80°39′48″ W.; then due west along the launched by the United States Govern- northern shoreline of the barge canal ment from Cape Canaveral. for 1,300 yards; then due north to (c) COTP Jacksonville, Florida, 28°28′42″ N., 80°40′30″ W., on Merritt Is- closes the security zone, or specific land. From this position, the line proportions of it, by means of locally proceeds irregularly to the eastern shore- mulgated notices. The closing of the line of the Indian River to a position area is signified by the display of a red 1,300 yards south of the NASA Cause- ball from a 90-foot pole near the shore- way at 28°30′54″ N., 80°43′42″ W. (the line line at approximately 28°35′00″ N., from the barge canal to the eastern 80°34′36″ W., and from a 90-foot pole shoreline of the Indian River is marked near the shoreline at approximately by a three-strand barbed-wire fence), 28°25′18″ N., 80°35′00″ W. Appropriate then north along the shoreline of the Local Notices to Mariners will also be Indian River to the NASA Causeway at broadcast on 2670 KHZ. ° ′ ″ ° ′ ″ 28 31 30 N., 80 43 48 W. The line con- [CGD 79–034, 47 FR 29660, July 8, 1982, as tinues west on the southern shoreline amended by CGD 7–82–10, 48 FR 11696, Mar. of the NASA Causeway to NASA Gate 3 21, 1983; USCG–1998–3799, 63 FR 35532, June 30, (permanent), then north to the north- 1998] ern shoreline of the NASA Causeway and east on the northern shoreline of § 165.703 Tampa Bay, Florida—Safety the causeway back to the shoreline on Zone. Merritt Island at position 28°31′36″ N., (a) A floating safety zone is estab- 80°43′42″ W., then northwest along the lished consisting of an area 1000 yards shoreline to 28°41′01.2″ N., 80°47′10.2″ W. fore and aft of a loaded anhydrous am- (Blackpoint); then due north to chan- monia vessel and the width of the nel marker #6 on the Intracoastal Wa- channel in the following areas: terway (ICW), then northeast along the (1) For inbound tank vessels loaded southern edge of the ICW to the west- with anhydrous ammonia, Tampa Bay ern entrance to the Haulover Canal. Cut ‘‘F’’ Channel from Lighted Buoys From this point, the line continues ‘‘3F’’ and ‘‘4F’’ north through and in- northeast along the southern edge of cluding Gadsden Point Cut Lighted

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Buoy ‘‘3’’ and commencing at Gadsden vise mariners of the intended transit. Point Cut Lighted Buoys ‘‘7’’ and ‘‘8’’ All additional security broadcasts as north and including Hillsborough Cut recommended by the U.S. Coast Pilot 5, ‘‘C’’ Channel. ATLANTIC COAST shall be made (i) For vessels bound for R. E. Knight through the transit. Pier at Hookers Point the safety zone (g) Vessels carrying anhydrous am- includes, in addition to the area in monia are permitted to enter and tran- paragraph (a)(1) of this section, sit Tampa and Hillsborough Bay and Hillsborough Cut ‘‘D’’ Channel to the approaches only with a minimum of southern tip of Harbor Island. three miles visibility. (ii) For vessels bound for the anhy- (h) The Captain of the Port Tampa drous ammonia receiving terminals to may waive any of the requirements of Port Sutton the safety zone includes, this subpart for any vessel upon finding in addition to the area in paragraph that the vessel or class of vessel, oper- (a)(1) of this section, Port Sutton ational conditions, or other cir- Channel. cumstances are such that application (2) For outbound tank vessels loaded of this subpart is unnecessary or im- with anhydrous ammonia the safety practical for purposes of port safety or zone is established when the vessel de- environmental safety. parts the receiving terminal and con- (i) The owner, master, agent or per- tinues through the area described in son in charge of a vessel or barge, load- paragraph (a)(1) of this section. ed with anhydrous ammonia shall re- (3) The floating safety zone is dis- port the following information to the established when the anhydrous ammo- Captain of the Port, Tampa at least nia carrier is safely moored at the an- twenty-four hours before entering hydrous ammonia receiving facility. Tampa Bay or its approaches or depart- (b) All vessels over 5000 gross tons in- ing from Tampa Bay: tending to pass anhydrous ammonia (1) Name and country of registry of vessels moored in Port Sutton, and all the vessel or barge; vessels intending to moor in the R. E. (2) The name of the port or place of Knight facilities at Hookers Point departure; while an anhydrous ammonia vessel is (3) The name of the port or place of moored in this facility, must give 30 destination: minutes notice to the anhydrous am- (4) The estimated time that the ves- monia vessel so it may take appro- sel is expected to begin its transit of priate safety precautions. Tampa Bay and the time it is expected (c) The general regulations governing to commence its transit of the safety safety zones contained in § 165.23 apply. zone. (d) The Sector St. Petersburg will no- (5) The cargo carried and amount. tify the maritime community of periods during which these safety zones [CGD7–85–32, 51 FR 28382, Aug. 7, 1986 as will be in effect by providing advance amended by CGD07–87–07, 52 FR 31763, Aug. notice of scheduled arrivals and depar- 24, 1987; 65 FR 9221, Feb. 24, 2000] tures of loaded anhydrous ammonia vessels via a marine broadcast Notice § 165.704 Safety Zone; Tampa Bay, to Mariners. Florida. (e) Should the actual time of entry of (a) A floating safety zone is estab- the anhydrous ammonia vessel into the lished consisting of an area 1000 yards safety zone vary more than one half fore and aft of a loaded Liquefied Pe- hour from the scheduled time stated in troleum Gas (LPG) vessel and the the broadcast Notice to Mariners, the width of the channel in the following person directing the movement of the areas. Any vessels desiring to enter the anhydrous ammonia vessel shall obtain safety zone must obtain authorization permission from Captain of the Port from the Captain of the Port St. Pe- Tampa before commencing the transit. tersburg. (f) Prior to commencing the move- (1) For vessels loaded with LPG and ment, the person directing the move- bound for the LPG receiving terminal ment of the anhydrous ammonia vessel in Port Sutton the safety zone starts at shall make a security broadcast to ad- Tampa Bay Cut ‘‘F’’ Channel from

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Lighted Buoys ‘‘3F’’ and ‘‘4F’’ and pro- (g) Should the actual time of entry of ceeds north ending at Gadsden Point the LPG vessel into the safety zone Cut Lighted Buoys ‘‘3’’ and ‘‘4’’. The vary more than one half (1⁄2) hour from safety zone starts again at Gadsden the scheduled time stated in the broad- Point Cut Lighted Buoys ‘‘7’’ and ‘‘8’’ cast Notice to Mariners, the person di- and proceeds north through recting the movement of the LPG ves- Hillsborough Cut ‘‘C’’, Port Sutton En- sel shall obtain permission from Cap- trance Channel, and ends at the Port tain of the Port St. Petersburg before Sutton LPG facility. commencing the transit. (2) For vessels loaded with LPG and (h) Prior to commencing the move- bound for the LPG receiving terminal ment, the person directing the move- in Rattlesnake the safety zone starts ment of the LPG vessel shall make a at Tampa Bay Cut ‘‘J’’ Channel from security broadcast to advise mariners lighted buoy ‘‘10J’’ and proceeds north of the intended transit. All additional through Tampa Bay Cut ‘‘K’’ Channel security broadcasts as recommended by to buoy ‘‘11K.’’ When a loaded LPG ves- the U.S. Coast Pilot 5, ATLANTIC sel departs the marked channel at COAST, shall be made throughout the Tampa Bay Cut ‘‘K’’ buoy ‘‘11K’’ transit. enroute to Rattlesnake, Tampa, FL, (i) Vessels carrying LPG are per- the floating safety zone extends 500 mitted to enter and transit Tampa Bay yards in all directions surrounding the and Hillsborough Bay and approaches loaded LPG vessel, until it arrives at only with a minimum of three miles the entrance to Rattlesnake. While the visibility. (j) The Captain of the Port St. Pe- loaded LPG vessel is maneuvering in tersburg may waive any of the require- the Rattlesnake slip and until it is ments of this subpart for any vessel safely moored at the LPG facility, the upon finding that the vessel or class of floating safety zone extends 150 feet vessel, operational conditions, or other fore and aft of the loaded LPG vessel circumstances are such that applica- and the width of the slip. Moored ves- tion of this subpart is unnecessary or sels are allowed within the parameters impractical for purposes of port safety of the 150-foot safety zone. or environmental safety. (b) The floating safety zone is dis- (k) The owner, master, agent or per- established when the LPG carrier is son in charge of a vessel or barge, load- safely moored at the LPG receiving fa- ed with LPG shall report, at a min- cility. imum, the following information to the (c) For outbound tank vessels loaded Captain of the Port St. Petersburg at with LPG, the safety zone is estab- least twenty-four (24) hours before en- lished when the vessel departs the ter- tering Tampa Bay, its approaches, or minal and continues through the area departing Tampa Bay: described in paragraph (a) of this sec- (1) The name and country of registry tion. of the vessel or barge; (d) All vessels over 5000 gross tons in- (2) The name of the port or place of tending to pass LPG vessels moored in departure; Port Sutton, and all vessels intending (3) The name of the port or place of to pass LPG vessels moored in Rattle- destination; snake, must give 30 minutes notice to (4) The estimated time that the ves- the LPG vessel so it may take appro- sel is expected to begin its transit of priate safety precautions. Tampa Bay and the time it is expected (e) The general regulations governing to commence its transit of the safety safety zones contained in § 165.23 apply. zone(s); and (f) The Coast Guard Captain of the (5) The cargo carried and amount. Port St. Petersburg will notify the [COTP Tampa 00–054, 66 FR 14489, Mar. 13, maritime community of periods during 2001] which these safety zones will be in effect by providing advance notice of § 165.T0704 Safety Zone: Savannah scheduled arrivals and departures of River, Savannah, Georgia. loaded LPG vessels via a marine broad- (a) Location. The following area is a cast Notice to Mariners. safety zone: Two hundred foot radius

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around Garden City Terminal, approxi- § 165.705 Port Canaveral Harbor, Cape mate position 32 degrees 8 minutes, N, Canaveral, Florida. 81 degrees 9.5 minutes W, and around (a) Security Zone A—East (Trident) all cargo ships loaded with military Basin, Port Canaveral Harbor, at Cape equipment and transiting the Savan- Canaveral Air Force Station, Brevard nah River. County, Florida. All waters of the East (b) Effective dates. This regulation be- Basin north of latitude 28°24′36″ N. comes effective at 12 p.m. 14 December (b) Security Zone B—Middle Basin, 1990 until terminated by the Captain of Port Canaveral Harbor, adjacent to the the Port, Savannah, GA. Navy wharf at Cape Canaveral Air (c) Regulation. In accordance with the Force Station, Brevard County, Flor- general regulations in § 165.23 of this ida. The waters of Port Canaveral Har- part, entry into the zone is subject to bor within a line circumscribing the water approaches to the Navy wharf the following requirements. along the northeasterly edge of the (1) All persons and vessels in the vi- Port Canaveral Harbor turning basin at cinity of the safety zone shall imme- a distance of 200 feet from all portions diately obey any direction or order of of the wharf including the dolphins lo- the Captain of the Port or a represent- cated 200 feet off the northwest end and ative of the Captain of the Port. 75 feet off the southeast end of the (2) The ‘‘representative of the Cap- wharf. tain of the Port’’ is any Coast Guard (c) Entrance into these zones by ves- commissioned, warrant or petty officer sels other than vessels owned or leased who has been designated by the Cap- by the United States is prohibited tain of the Port, Savannah, GA to act without permission of the Captain of on his behalf. A representative of the the Port, Jacksonville, Florida. Captain of the Port may be contacted (d) The general regulations governing on board any Coast Guard vessel as- security zones contained in 33 CFR signed to enforce the safety zone. 165.33 apply. (3) Before entering the safety zone, a [CGD7 87–38, 53 FR 38718, Oct. 3, 1988; CGD7 vessel operator shall contact the Cap- 87–38, 54 FR 611, Jan. 9, 1989; CGD7 89–21, 54 tain of the Port or a representative of FR 26198, June 22, 1989] the Captain of the Port to determine § 165.708 Safety/Security Zone; what restrictions, if any, have been im- Charleston Harbor and Cooper posed on vessels in the safety zone. The River, Charleston, SC. Captain of the Port may be contacted (a) Regulated area. The following by telephone via the Command Duty boundaries are established as a safety Officer at (912) 944–4371. Coast Guard and security zone during specified con- vessels assisting in the enforcement of ditions: the safety zone may be contacted on (1) All waters 200 yards ahead and VHF-FM channels 13 or 16, or vessel op- astern and 100 yards to each side of a erators may determine restrictions in vessel transporting nuclear materials effect for the safety zone by coming while the vessel transits from Charles- alongside a Coast Guard vessel patrol- ton Harbor Entrance Buoy ‘‘C’’ (LLNR ling the perimeter of the safety zone. 1885, position 32–39.6N, 079–40.9W) to the (4) The Captain of the Port will issue Charleston Naval Weapons Station (po- a Marine Safety Information Broadcast sition 32–55.4N, 079–56.0W) on the Coo- Notice to Mariners to Notify the mari- per River. All coordinates referenced time community of the safety zone and use datum: NAD 1983. restrictions imposed. (2) All waters within 100 yards of the vessel described in paragraph (a)(1) of [Reg. 90–129, 55 FR 52272, Dec. 21, 1990] this section while the vessel is con-

EFFECTIVE DATE NOTE: At 55 FR 52272, Dec. ducting cargo operations at the 21, 1990, § 165.T0704 was added. This is an Charleston Naval Weapons Station. emergency temporary rule and will remain (b) Captain of the Port Charleston in effect until terminated by the Captain of will announce the activation of the the Port Savannah, GA. safety/security zones described in paragraph (a) of this section by Broadcast

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Notice to Mariners. The general regula- area 700 yards forward, 500 yards astern tions governing safety and security and 350 yards on either side of each ves- zones contained in §§ 165.23 and 165.33 sel, beginning at the Port Everglades apply. Sea Buoy in approximate position ° ′ ° ′ [COTP Charleston 96–034, 61 FR 68156, Dec. 27, 26 05.5 N, 80 04.8 W and continuing 1996] until the vessel is safely moored in approximate position 26°04.9′ N, 80°06.9′ W. § 165.709 Security Zone; Charleston All coordinates referenced use datum: Harbor, Cooper River, South Caro- NAD 83. lina. (2) The waters around naval aircraft (a) Regulated area. The Coast Guard is carriers departing Port Everglades in establishing a fixed security zone on all an area 700 yards forward, 500 yards waters of the Cooper River, bank-to- astern and 350 yards on either side of bank and surface to bottom, from the each vessel beginning at the Pier in ap- Don Holt I–526 Bridge to the intersec- proximate position 26°04.9′N, 80°06.9′W, tion of Foster Creek at a line on 32 de- and continuing until the stern passes grees 58 minutes North Latitude. the Port Everglades Sea Buoy, in ap- (b) Enforcement period. This section proximate position 26°05.5′ N, 80°04.8′ W. will be enforced when security assets All coordinates referenced use datum: are on scene and Sector Charleston has NAD 83. notified the maritime community that (b) Regulations. (1) No person or ves- an Enforcement Period is in effect. sel may enter, transit, or remain in the Sector Charleston will notify the mari- safety zone unless authorized by the time community by broadcast notice Captain of the Port, Miami, Florida, or to mariners on VHF Marine Band a Coast Guard commissioned, warrant, Radio, Channel 16 (156.8 MHz), or Ma- or petty officer designated by him. rine Safety Information Bulletins, or (2) Vessels encountering emergencies actual notice from on scene security which require transit through the mov- assets enforcing the security zone. ing safety zone should contact the (c) Regulations. During enforcement Coast Guard patrol craft on VHF Chan- of the security zone described in para- nel 16. In the event of an emergency, graph (a) of this section, vessels or per- the Coast Guard patrol craft may au- sons are prohibited from entering, thorize a vessel to transit through the transiting, mooring, anchoring, or loi- safety zone with a Coast Guard des- tering within the security zone unless ignated escort. authorized by the Captain of the Port (3) All persons and vessels shall com- Charleston, South Carolina or his or ply with the instructions of on-scene her designated representative. patrol personnel. On-scene patrol per- (1) Persons desiring to transit the sonnel include commissioned, warrant, Regulated Area may contact the Cap- or petty officers of the U.S. Coast tain of the Port via VHF-FM channel Guard. Coast Guard Auxiliary and local 16 or by telephone at (843) 720–3240 and or state officials may be present to in- request permission to transit the secu- form vessel operators of this regulation rity zone. and other applicable laws. (2) If permission to transit the security zone is granted, all persons and [COTP MIAMI 96–054, 62 FR 32201, June 13, 1997] vessels must comply with the instructions of the Captain of the Port or his § 165.714 Regulated Navigation Area; or her designated representative. Atlantic Ocean, Charleston, SC. [COTP Charleston 05–037, 70 FR 43282, July (a) Location. The following area is a 27, 2005] Regulated Navigation Area: A trape- zoid at the water surface, and the en- § 165.711 Safety Zone: Port Everglades, tire water column from surface to sea- Fort Lauderdale, FL. bed inclusive of the vessel, bounded by (a) Regulated area. A moving safety the following four coordinates: zone is established in the following area: Latitude Longitude (1) The waters around naval aircraft Western 32°42′56″ N 79°47′34″ W carriers entering Port Everglades in an boundary.

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Latitude Longitude and 165.33 of this part, entry into any portion of the described zone is prohib- Southern 32°42′32″ N 79°46′42″ W boundary. ited unless authorized by the Captain Eastern 32°43′26″ N 79°45′27″ W of the Port Jacksonville, Florida. boundary. (4) This regulation does not apply to Northern 32°43′56″ N 79°46′08″ W authorized law enforcement agencies boundary. operating within the safety/security zone. (NAD 83) (b) Regulations. In accordance with [COTP Jacksonville, FL Reg. 90–124, 55 FR the general regulations in § 165.23 of 51700, Dec. 17, 1990] this part, all vessels and persons are prohibited from anchoring, diving, lay- § 165.721 Safety Zone: St. Johns River, Jacksonville, FL. ing cable or conducting salvage operations in this zone except as authorized (a) Location. The following area is es- by the Captain of the Port. tablished as a safety zone during the specified conditions: The waters within [CGD 07–95–054, 60 FR 45047, Aug. 30, 1995] a 500 yard radius of the fireworks barge or barges during the storage, prepara- § 165.720 Safety/Security Zone: St. tion, and launching of fireworks in the Johns River, Jacksonville, FL. St. Johns River between the Hart and (a) Location. The water and the land Acosta Bridges. within the following boundaries are es- (b) Effective dates. This section be- tablished as a safety and security zone comes effective upon activation by the during specified conditions: Captain of the Port by the broad- (1) All waters within 200 yards of casting of a local Notice to Mariners on Blount Island, Jacksonville, Florida appropriate VHF-FM radio frequencies. and all adjacent land within 100 yards It terminates at the conclusion of the of the island shoreline during staging fireworks display unless terminated of Department of Defense equipment earlier by the Captain of the Port. and during the loading/unloading of (c) Regulations. (1) In accordance with military supply vessels. the general regulations in 165.23 of this (2) All waters within 200 yards of part, anchoring, mooring or transiting ‘‘any’’ waterfront facility at which a in this zone is prohibited unless au- laden military vessel is located and all thorized by the Captain of the Port or land at the facility, including docks District Commander. and piers, within 100 yards of the St. (2) This regulation does not apply to Johns River. authorized law enforcement agencies (3) All waters within 200 yards of any operating within the Safety Zone. specified military supply vessel during [COTP Jacksonville Reg. 94–027, 59 FR 55584, its transit of the St. Johns River and Nov. 8, 1994] out to three (3) nautical miles offshore. (b) Regulations. (1) For public notice, § 165.722 Security Zone: St. Johns the zone described in paragraph (a)(1) River, Jacksonville, Florida. of this section is effective beginning 11 (a) Location. The water located with- December 1990 and will remain in force in the following area is established as a until cancelled by the Captain of the security zone: beginning at the shore- Port Jacksonville, Florida. line of the St. Johns River at the (2) The COTP Jacksonville may acti- northernmost property line of Naval vate, as necessary, any portion of the Air Station Jacksonville next to safety/security zone described in para- Timuquana Country Club, at 30°14′39.5″ graphs (a)(2) and (a)(3) of this section N, 81°40′45″ W; thence northeasterly to by means of locally promulgated 30°14′42″ N, 81°40′42″ W; thence south re- broadcast notice to mariners. Once im- maining 400 feet from the shoreline at plemented, neither overtaking nor mean high water; thence past Piney meeting situations will be allowed dur- Point and Black Point to the northern ing specified vessel transits. edge of Mulberry Cover Manatee ref- (3) In accordance with the general uge, 400 feet from Naval Air Station regulations governing safety and secu- Jacksonville boat ramp, at 30°13′00″ N, rity zones contained in 33 CFR 165.23 81°40′23.5″ W; thence southwesterly in a

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straight line to position 30°12′14″ N, (3) Neither single nor rafted vessels 81°40′42″ W; thence southerly, remain- shall extend greater than 54 feet into ing 400′ seaward of the mean high water the main river (measured from the shoreline to 30°11′40″ N, 81°41′15.5″ W; dock) without permission of the Cap- thence northwest to the point at the tain of the Port. end of the property line of Naval Air (4) A minimum channel width of 65 Station Jacksonville just north of the feet shall be maintained at all times on Buckman Bridge at position 30°11′42.30″ the Miami River from the Brickell Av- N, 81°41′23.66″ W; thence northeasterly enue Bridge west to the Tamiami along the mean high water shoreline of Canal. A minimum channel width of 45 the St. Johns River and Mulberry Cove feet shall be maintained at all times on to the point of beginning. Datum: NAD the Miami River west of the junction of 83 the Miami River and the Tamiami (b) In accordance with the general Canal to the South Florida Water Man- regulations in § 165.33 of this part, no agement District’s salinity dam, as person or vessel may enter or remain well as on the Tamiami Canal from its in the zone without the permission of mouth to the N.W. 37th Avenue Bridge. the Captain of the Port Jacksonville, (5) All moored and rafted vessels Florida. All other portions of § 165.33 shall provide safe access from the remain applicable. shore. (c) This regulation does not apply to (6) All moored and rafted vessels Coast Guard vessels and authorized law shall provide clear and ready access for enforcement vessels operating within land-based firefighters to safely and the Security Zone. quickly reach outboard rafted vessels. (7) No vessels shall moor or raft in [COTP Jacksonville Reg. 93–115, 60 FR 65571, any manner as to impede safe passage Dec. 20, 1995] of another vessel to any of the tribu- § 165.726 Regulated Navigation Areas; taries of the Miami River. Miami River, Miami, Florida. (8) Nothing in these regulations shall (a) Location. The following are Regu- prohibit the U.S. Army Corps of Engi- lated Navigation Areas: neers from requiring the relocation or (1) All the waters of the Miami River, movement of vessels in a declared flood Miami, Florida, from the Brickell Ave- emergency. nue Bridge, in approximate position (c) Enforcement. Violations of these 25°46′19″ N, 80°11′4″ W, inland to the regulated navigation areas should be South Florida Water Management Dis- reported to the Captain of the Port, trict’s salinity dam in approximate po- Miami. Persons in violation of these sition 25°48′4″ N, 80°15′6″ W. regulations will be subject to civil pen- (2) The Tamiami Canal from its alty under § 165.13(b) of this part. intersection with the Miami river in [CGD07–97–019, 62 FR 50512, Sept. 26, 1997] approximate position 25°47′7″ N, 80°14′7″ W to the N.W. 37th Avenue bridge in § 165.728 Jacksonville, Florida—safety approximate position 25°48′5″ N, 80°15′5″ zones. W. All coordinates referenced use (a) The water, land, and land and datum: NAD 83. water within the following boundaries (b) Regulations. The restrictions in are established as safety zones during this paragraph apply to vessels oper- the specified conditions: ating within the regulated navigation (1) Zone A. 200 yards in all directions areas in paragraph (a) of this section around any specified Maritime unless authorized to deviate by the Prepositioned Ship as it transits be- Captain of the Port, Miami, Florida, or tween the St. Johns River entrance sea a Coast Guard commissioned, warrant, buoy (STJ) and its berth inside the or petty officer designated by him. Mayport Basin (Ribault Bay), Mayport, (1) All rafted vessels (inboard and Florida. The prescribed safety zone will outboard) must be properly moored in also be in effect as the vessel transits accordance with applicable municipal to its berth at Blount Island Marine laws and regulations. Terminal, Jacksonville, Florida. (2) At no time shall any vessels be (2) Zone B. 100 yards in all directions rafted more than two abreast. on land and 200 yards on water from

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the eastern end of Transit Shed #2 to (2) Zone B. 100 yards in all directions the east shore of Alligator Creek at on land and 200 yards on water from Blount Island Terminal, Jacksonville, the eastern end of Transit Shed #2 to Florida. the east shore of Alligator Creek at (3) Zone C: 100 yards in all directions Blount Island Terminal, Jacksonville, on land from Gate berth #1 and all wa- Florida. ters within the Back River (locally (3) Zone C: 100 yards in all directions known as the Gate Slip) on Blount Is- on land from Gate berth #1 and all wa- land, Jacksonville, Florida, com- ters within the Back River (locally mencing from a line drawn between the known as the Gate Slip) on Blount Is- southwesterly most shore point lati- land, Jacksonville, Florida, com- tude 30°23′34″, longitude 81°30′52″ and mencing from a line drawn between the the southeasterly most shore point ° ′ ″ ° ′ ″ southwesterly most shore point lati- latitude 30 23 38 , longitude 81 30 36 . ° ′ ″ ° ′ ″ (b) The areas described in paragraph tude 30 23 34 , longitude 81 30 52 and (a) of this section may be closed to all the southeasterly most shore point ° ′ ″ ° ′ ″ vessels and persons, except those ves- latitude 30 23 38 , longitude 81 30 36 . sels and persons authorized by the (b) The areas described in paragraph Commander, Seventh Coast Guard Dis- (a) of this section shall be closed to all trict or the Captain of the Port, Jack- vessels and persons, except those ves- sonville, Florida, whenever specified sels and persons authorized by the Maritime Prepositioned Ships are Commander, Seventh Coast Guard Dis- transiting the St. Johns River (Zone trict or the Captain of the Port, Jack- A), moored at Blount Island (Zone B), sonville, Florida, whenever specified or moored at Gate Terminal (Zone C). Maritime Prepositioned Ships are (c) The general regulations governing transiting the St. Johns River (Zone safety zones contained in 33 CFR 165.23 A), moored at Blount Island (Zone B), apply. or moored at Gate Terminal (Zone C). (d) The Captain of the Port Jackson- (c) The general regulations governing ville, Florida will activate the safety security zones contained in 33 CFR zones or specific portions of them by 165.33 apply. issuing a local broadcast notice to (d) The Captain of the Port Jackson- mariners. The closing of the area at ville, Florida will activate the security Blount Island, described above, will be zones or specific portions of them by signified by the display of a rotating issuing a local broadcast notice to yellow light located on the waterfront mariners. The closing of the area at at Blount Island Marine Terminal or at Blount Island, described above, will be the Gate Terminal Berth #1. signified by the display of a rotating [CGD7 87–15, 52 FR 23442, June 22, 1987, as yellow light located on the waterfront amended by CGD7 91–33, 56 FR 22826, May 17, at Blount Island Marine Terminal or at 1991] the Gate Terminal Berth #1. § 165.729 Jacksonville Harbor, Flor- [CGD7 87–16, 52 FR 23443, June 22, 1987, as ida—security zone. amended by CGD7 91–34, 56 FR 22827, May 17, (a) The water, land, and land and 1991] water within the following boundaries are established as security zones dur- § 165.730 King’s Bay, Georgia—Regu- lated navigation area. ing the specified conditions: (1) Zone A. 200 yards in all directions Vessels transiting in the water around any specified Maritime bounded by the line connecting the fol- Prepositioned Ship as it transits be- lowing points must travel no faster tween the St. Johns River entrance sea than needed for steerageway: buoy (STJ) and its berth inside the Latitude Longtitude Mayport Naval Basin (Ribault Bay), 30°48′00.0″ N 081°29′24.0″ W Mayport, Florida. The prescribed secu- 30°46′19.5″ N 081°29′17.0″ W rity zone will also be in effect as the 30°47′35.0″ N 081°30′16.5″ W vessel transits to its berth at Blount and thence to the point of beginning Island Marine Terminal, Jacksonville, Florida. [CGD7 92–41, 58 FR 38057, July 15, 1993]

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§ 165.731 Safety/Security Zone: Cum- (4) This regulation does not apply to berland Sound, Georgia and St. persons or vessels operating under the Marys River Entrance Channel. authority of the United States Navy (a) Location. A permanent safety/se- nor to authorized law enforcement curity zone is established within the agencies. following coordinates, the area en- [COTP Jacksonville Reg. 90–94, 55 FR 42374, closed by a line starting at 30°44′55″ N, Oct. 19, 1990] 081°29′39″ W; thence to 30°44′55″ N, 081°29′18″ W; thence to 30°46′35″ N, § 165.749 Security Zone: Escorted Ves- 081°29′18″ W; thence to 30°47′02″ N, sels, Savannah, Georgia, Captain of 081°29′34″ W; thence to 30°47′21″ N, the Port Zone. 081°29′39″ W; thence to 30°48′00″ N, (a) Definitions. The following defini- 081°29′42″ W; thence to 30°49′07″ N, tions apply to this section: 081°29′56″ W; thence to 30°49′55″ N, COTP means Captain of the Port Sa- 081°30′35″ W; thence to 30°50′15″ N, vannah, GA. 081°31′08″ W; thence to 30°50′14″ N, Designated representatives means 081°31′30″ W; thence to 30°49′58″ N, Coast Guard Patrol Commanders in- 081°31′45″ W; thence to 30°49′58″ N, cluding Coast Guard coxswains, petty 081°32′03″ W; thence to 30°50′12″ N, officers and other officers operating 081°32′17″ W; thence following the land Coast Guard vessels, and Federal, based perimeter boundary to the point State, and local officers designated by of origin. or assisting the COTP, in the enforce- (b) A temporary safety/security zone, ment of the security zone. when activated by the Captain of the Escorted vessel means a vessel, other Port, Jacksonville, Florida, encom- than a large U.S. naval vessel as de- passes all waters and land from bank to fined in 33 CFR 165.2015, that is accom- bank within Cumberland Sound and panied by one or more Coast Guard as- the St. Marys Entrance Channel: the sets or other Federal, State or local northern extent of this zone starts at law enforcement agency assets clearly the southern tip of Crab Island; lighted identifiable by lights, vessel markings, buoy number ‘‘1’’ at the mouth of the or with agency insignia as listed below: Amelia River demarks the southern (1) Coast Guard surface or air asset boundary; day marker number ‘‘2’’ at displaying the Coast Guard insignia. the mouth of the St. Marys River indi- (2) State and/or local law enforce- cates the western boundary; and the ment asset displaying the applicable eastern boundary extends out to three agency markings and/or equipment as- (3) nautical miles in the Atlantic sociated with the agency. Ocean, with the zone also encom- (3) When escorted vessels are moored, passing the waters within 1000 yards of dayboards or other visual indications the entrance channel east of the jet- such as lights or buoys may be used. In ties. all cases, broadcast notice to mariners (c) Regulations. (1) The Captain of the will be issued to advise mariners of Port, Jacksonville, Florida will acti- these restrictions. vate the temporary safety/security Minimum safe speed means the speed zone described in paragraph (b) of this at which a vessel proceeds when it is section by issuing a local broadcast no- fully off plane, completely settled in tice to mariners. the water and not creating excessive (2) All persons and vessels in the vi- wake. Due to the different speeds at cinity of the safety/security zone shall which vessels of different sizes and con- immediately obey any direction or figurations may travel while in compli- order of the Captain of the Port, Jack- ance with this definition, no specific sonville, Florida. speed is assigned to minimum safe (3) The general regulations governing speed. In no instance should minimum safety and security zones contained in safe speed be interpreted as a speed less 33 CFR 165.23 and .33 apply. No person than that required for a particular ves- or vessel may enter or remain within sel to maintain steerageway. A vessel the designated zones without the per- is not proceeding at minimum safe mission of the Captain of the Port, speed if it is: Jacksonville, Florida. (1) On a plane;

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(2) In the process of coming up onto § 165.751 Security Zone: LNG mooring or coming off a plane; or slip, Savannah River, Savannah, (3) Creating an excessive wake. Georgia. (b) Regulated area. All navigable wa- (a) Security zone. The following area ters, as defined in 33 CFR 2.36, within is a security zone: All the waters from the Captain of the Port Zone, Savan- surface to bottom of the northeastern nah, Georgia 33 CFR 3.35–15. most mooring dolphin located at ap- (c) Security zone. A 300-yard security proximately 32[deg]05.01′ North, zone is established around each es- 080[deg]59.38′ West, to the southeastern corted vessel within the regulated area most mooring dolphin located at ap- described in paragraph (b) of this sec- proximately 32[deg]04.79′ North, ′ tion. This is a moving security zone 080[deg]59.35 West, and continues west when the escorted vessel is in transit along the North and South shoreline of and becomes a fixed zone when the es- the mooring slip to the shoreline of the corted vessel is anchored or moored. A right descending bank of the Savannah River. All marine traffic is prohibited security zone will not extend beyond from entering this zone unless author- the boundary of the regulated area in ized by the Captain of the Port (COTP). this section. (b) Applicability. This section applies (d) Regulations. (1) The general regu- to all vessels including naval and other lations for security zones contained in public vessels, except vessels that are § 165.33 of this part apply to this sec- engaged in the following operations: tion. (1) Law enforcement, security, or (2) A vessel may request the permis- search and rescue; sion of the COTP Savannah or a des- (2) Servicing aids to navigation; ignated representative to enter the se- (3) Surveying, maintenance, or im- curity zone described in paragraph (c) provement of waters in the security of this section. If permitted to enter zone; or the security zone, a vessel must pro- (4) Actively engaged in escort, ma- ceed at the minimum safe speed and neuvering, or support duties for an must comply with the orders of the LNG tankship. COTP or a designated representative. (c) Regulations. In accordance with No vessel or person may enter the the general regulations in § 165.33 of inner 50-yard portion of the security this part, entry into or movement zone closest to the vessel. within this zone is prohibited unless (e) Notice of security zone. The COTP authorized by the Captain of the Port will inform the public of the existence Savannah or vessels engaged in activi- or status of the security zones around ties defined in paragraph (b). escorted vessels in the regulated area (d) Reporting of violations. Violations by Broadcast Notice to Mariners. Coast of this section should be reported to Guard assets or other Federal, State or the Captain of the Port, Savannah, at (912) 652–4353. local law enforcement agency assets will be clearly identified by lights, ves- [COTP SAVANNAH 06–160, 72 FR 27246, May sel markings, or with agency insignia. 15, 2007] When escorted vessels are moored, dayboards or other visual indications § 165.752 Sparkman Channel, Tampa, Florida—regulated navigation area. such as lights or buoys may be used. (f) Contact information. The COTP Sa- (a) A regulated navigation area is es- vannah may be reached via phone at tablished to protect vessels from lim- (912) 652–4353. Any on scene Coast ited water depth in Sparkman Channel Guard or designated representative as- caused by an underwater pipeline. The regulated navigation area is in sets may be reached via VHF–FM chan- Sparkman Channel between the lines nel 16. connecting the following points (ref- [USCG–2007–0157, 73 FR 37837, July 2, 2008] erenced in NAD 83):

Latitude Longitude Latitude Longitude

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Latitude Longitude Latitude Longitude

27°56′20.5″ N 082°26′42.0″ W ...... to 27°56′19.3″ N ...... 82°26′37.5″ W 2: 27°55′32.0″ N 082°26′54.0″ W ...... to 27°55′30.9″ N ...... 82°26′49.1″ W

(b) Ships requiring Federal or State (8) Prior to transiting Point Pinellas pilotage shall not meet or overtake Channel Light 1 in either direction. other like vessels in Sparkman Chan- (c) Each Navigational Advisory re- nel. quired by this section shall be made in (c) Vessels having a draft of more the English language and will contain than 35.5 feet may not transit the following information: Sparkman Channel. (1) The words ‘‘Hello all vessels, a (d) Vessels having a draft of 34.5 feet, Navigational Advisory follows’’; but not over 35.5 feet, may transit (2) Name of vessel; Sparkman Channel only when the tide (3) If engaged in towing, the nature of is at least one foot above mean low the tow; water. (4) Direction of Movement; (e) Vessels with a draft of 30 feet or (5) Present location; and, greater shall transit as near as possible (6) The nature of any hazardous con- to the center of the channel. ditions as defined by 33 CFR 160.203. (d) Nothing in this section shall su- [CGD7 90–52, 56 FR 36005, July 30, 1991, as amended by USCG–1998–3799, 63 FR 35532, persede either the International Regu- June 30, 1998] lations for Preventing Collisions at Sea, 1972 (72 COLREGS) or the Inland § 165.753 Regulated navigation area; Navigation Rules, as applicable, or re- Tampa Bay, Florida. lieve the Master or person in charge of (a) The following is a regulated navi- the vessel of responsibility for the safe gation area (RNA): All the navigable navigation of the vessel. waters of Tampa Bay, Hillsborough [CGD07–94–094, 60 FR 58519, Nov. 28, 1995] Bay and Old Tampa Bay, including all navigable waterways tributary thereto. § 165.754 Safety Zone: San Juan Har- Also included are the waters of Egmont bor, San Juan, PR. Channel, Gulf of Mexico from Tampa (a) Regulated area. A moving safety Bay to the seabuoy, Tampa Lighted zone is established in the following Whistle Buoy T, LLNR 18465. area: (b) The master, pilot, or person in (1) The waters around Liquefied Pe- charge of any vessel of 50 meters or troleum Gas ships entering San Juan greater shall give a Navigational Advi- Harbor in an area one half mile around sory Broadcast in accordance with 47 each vessel, beginning one mile north CFR 80.331 on VHF-FM channel 13 at of the San Juan Harbor #1 Sea Buoy, in the following broadcast/reporting approximate position 18–29.3N, 66–07.6W points: and continuing until the vessel is safe- (1) Prior to getting underway from ly moored at either the Gulf Refinery any berth or anchorage; Oil dock or the Catano Oil dock in ap- (2) Prior to entering Egmont Channel proximate position 18–25.8N, 66–06.5W. from seaward; All coordinates referenced use datum: (3) Prior to passing Egmont Key in NAD 83. any direction; (2) The waters around Liquefied Pe- (4) Prior to transiting the Skyway troleum Gas ships departing San Juan Bridge in either direction; Harbor in an area one half mile around (5) Prior to transiting the intersec- each vessel beginning at either the tion of Tampa Bay Cut F Channel, Gulf Refinery Oil dock or Catano Oil Tampa Bay Cut G Channel, and Gads- dock in approximate position 18–25.8N, den Point Cut Channel; 66–06.5W when the vessel gets under- (6) Prior to anchoring or approaching way, and continuing until the stern a berth for docking; passes the San Juan Harbor #1 Sea (7) Prior to tending hawser; Buoy, in approximate position 18–28.3N,

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66–07.6W. All coordinates referenced use § 165.755 Safety Zone; Guayanilla, datum: NAD 83. Puerto Rico (b) Regulations. (1) No person or ves- (a) The following area is established sel may enter, transit or remain in the as a safety zone during the specified safety zone unless authorized by the conditions: Captain of the Port, San Juan, Puerto (1) A 100 yard radius surrounding a Rico, or a designated Coast Guard com- vessel carrying Liquefied Natural Gas missioned, warrant, or petty officer. (LNG) while transiting north of Lati- (2) Vessels encountering emergencies tude 17°56.0′ N in the waters of the Car- which require transit through the mov- ibbean Sea, on approach to or depar- ing safety zone should contact the ture from the Eco-Electrica waterfront Coast Guard patrol craft on VHF Chan- facility in Guayanilla Bay, Puerto nel 16. In the event of an emergency, Rico. The safety zone remains in effect until the LNG vessel is docked at the the Coast Guard patrol craft may au- Eco-Electrica waterfront facility or thorize a vessel to transit through the south of Latitude 17°56.0′ N. safety zone with a Coast Guard des- (2) The waters within 150 feet of a ignated escort. LNG vessel when the vessel is along- (3) The Captain of the Port and the side the Eco-Electrica waterfront facil- Duty Officer at Sector San Juan, Puer- ity in Guayanilla Bay, at position to Rico, can be contacted at telephone 17°58.55′ N, 066°45.3′ W. This safety zone number 787–289–2041. The Coast Guard remains in effect while the LNG vessel Patrol Commander enforcing the safety is docked with product aboard or is zone can be contacted on VHF-FM transferring LNG. channels 16 and 22A. (b) In accordance with the general (4) Coast Guard Sector San Juan will regulations in 165.23 of this part, an- notify the marine community of peri- choring, mooring or transiting in these ods during which these safety zones zones is prohibited unless authorized will be in effect by providing advance by the Coast Guard Captain of the Port. notice of scheduled arrivals and depar- (c) Coast Guard Sector San Juan will tures of Liquefied Petroleum Gas ves- notify the maritime community of pe- sels via a marine broadcast Notice to riods during which the safety zones Mariners. will be in effect by providing advance (5) Should the actual time of entry of notice of scheduled arrivals and depar- the Liquefied Petroleum Gas vessel tures of LNG vessels via a marine vary more than one half hour from the broadcast Notice to Mariners. scheduled time stated in the broadcast [COTP San Juan 00–095, 66 FR 16870, Mar. 28, Notice to Mariners, the person direct- 2001, as amended by USCG–2008–0179, 73 FR ing the movement of the Liquefied Pe- 35017, June 19, 2008] troleum Gas vessel shall obtain permission from Captain of the Port San Juan § 165.756 Regulated Navigation Area; before commencing the transit. Savannah River, Georgia. (6) All persons and vessels shall com- (a) Regulated Navigation Area (RNA). ply with the instructions of on-scene The Savannah River between Fort patrol personnel. On-scene patrol per- Jackson (32°04.93′ N, 081°02.19′ W) and sonnel include commissioned, warrant, the Savannah River Channel Entrance or petty officers of the U.S. Coast Sea Buoy is a regulated navigation Guard. Coast Guard Auxiliary and local area when an LNG tankship in excess or state officials may be present to in- of heel is transiting the area or moored form vessel operators of the require- at the LNG facility. All coordinates are ments of this section, and other appli- North American Datum 1983. (b) The following defini- cable laws. Definitions. tions apply to this section: [COTP SAN JUAN 97–045, 63 FR 27681, May Bare steerage way means the min- 20, 1998, as amended by USCG–2001–9286, 66 imum speed necessary for a ship to FR 33641, June 25, 2001; USCG–2008–0179, 73 maintain control over its heading. FR 35017, June 19, 2008] Bollard pull means an industry standard used for rating tug capabilities and

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is the pulling force imparted by the tug a safe zone around LNG tankships, pro- to the towline. It means the power that vide emergency firefighting assistance, an escort tug can apply to its working and aid the LNG tankship in the event line(s) when operating in a direct of an emergency departure. mode. Underway means that a vessel is not Direct mode means a towing technique at anchor, not made fast to the shore, defined as a method of operation by or not aground. which a towing vessel generates tow- (c) Applicability. This section applies line forces by thrust alone at an angle to all vessels operating within the equal to or nearly equal to the towline, RNA, including naval and other public or thrust forces applied directly to the vessels, except vessels that are engaged escorted vessel’s hull. in the following operations: Fire Wire means a length of wire rope (1) Law enforcement, security, or or chain hung from the bow and stern search and rescue; of a vessel in port to allow the vessel to (2) Servicing aids to navigation; be towed away from the pier in case of (3) Surveying, maintenance, or im- fire; also called fire warp or emergency provement of waters in the RNA; or towing wire. (4) Actively engaged in escort, ma- Heel means the minimum quantity of neuvering, or support duties for an liquefied natural gas (LNG) retained in LNG tankship. an LNG tankship after unloading at (d) Regulations—(1) Requirements for the LNG facility to maintain tempera- vessel operations while a LNG tankship, ture, pressure, and/or prudent oper- carrying LNG in excess of heel, is under- ations. A quantity of LNG less than way within the RNA. (i) Except for a five percent (5 %) of the LNG tank- vessel that is moored at a marina, ship’s carrying capacity shall be pre- wharf, or pier, and remains moored, no sumed to be heel. vessel 1,600 gross tons or greater may Indirect mode means a towing tech- come within two nautical miles of a nique defined as a method of operation LNG tankship, carrying LNG in excess by which an escorting towing vessel of heel, which is underway within the generates towline forces by a combina- Savannah River shipping channel with- tion of thrust and hydrodynamic forces out the permission of the Captain of resulting from a presentation of the the Port (COTP). underwater body of the towing vessel (ii) All vessels less than 1,600 gross at an oblique angle to the towline. This tons shall keep clear of transiting LNG method increases the resultant bollard tankships. pull, thereby arresting and controlling (iii) The owner, master, or operator the motion of an escorted vessel. of a vessel carrying liquefied natural LNG tankship means a vessel as de- gas (LNG) shall: scribed in 46 CFR 154. (A) Comply with the notice require- Made-up means physically attached ments of 33 CFR part 160. The COTP by cable, towline, or other secure may delay the vessel’s entry into the means in such a way as to be imme- RNA to accommodate other commer- diately ready to exert force on a vessel cial traffic. being escorted. (B) Obtain permission from the COTP Make-up means the act of, or prep- before commencing the transit into the arations for becoming made-up. RNA. Operator means the person who owns, (C) Not enter or get underway within operates, or is responsible for the oper- the RNA if visibility during the transit ation of a facility or vessel. is not sufficient to safely navigate the Savannah River Channel Entrance Sea channel, and/or wind speed is, or is ex- Buoy means the aid to navigation la- pected to be, greater than 25 knots. beled R W ‘‘T’’ Mo (A) WHIS on the Na- (D) While transiting the RNA, the tional Oceanic and Atmospheric Ad- LNG tankship, carrying LNG in excess ministration’s (NOAA) Nautical Chart of heel, shall have a minimum of two 11512. escort towing vessels with a minimum Standby means readily available at of 100,000 pounds of bollard pull, 4,000 the facility and equipped to provide a horsepower and capable of safely oper- ready means of assistance to maintain ating in the indirect mode. At least one

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of the towing vessels shall be FiFi pable of safely operating in the indi- Class 1 equipped. rect mode in order to escort transiting (2) Requirements while an LNG tank- vessels 1,600 gross tons or greater past ship is moored outside of the LNG facility the moored LNG tankship. At least one slip. (i) An LNG tankship moored out- of these towing vessels shall be FiFi side of the LNG facility slip shall have Class 1 equipped. In addition, the LNG on-scene a minimum of two escort tow- tankship moored inside of the slip shall ing vessels each with a minimum of have at least one standby towing vessel 100,000 pounds of bollard pull, 4,000 with a minimum of 100,000 pounds of horsepower and capable of safely oper- bollard pull, 4,000 horsepower and FiFi ating in the indirect mode in order to Class 1 equipped to take appropriate escort transiting vessels 1,600 gross actions in an emergency as directed by tons or greater past the moored LNG the LNG vessel bridge watch required tankship. At least one of these towing in paragraph (d)(5) of this section. vessels shall be FiFi Class 1 equipped. (ii) When one LNG tankship is (ii) In addition to the two towing ves- moored outside and two LNG tankships sels required by paragraph (d)(2)(i) of are moored inside the LNG facility this section, the LNG tankship moored slip, the LNG tankship moored outside outside of the slip shall have at least of the LNG facility slip shall have on- one standby towing vessel with a min- scene a minimum of two escort towing imum of 90,000 pounds of bollard pull to vessels each with a minimum of 100,000 take appropriate actions in an emer- pounds of bollard pull, 4,000 horsepower gency as directed by the LNG vessel and capable of safely operating in the bridge watch required in paragraph indirect mode in order to escort (d)(5) of this section. transiting vessels 1,600 gross tons or (3) Requirements while LNG tankships greater past the moored LNG tankship. are moored inside the LNG facility slip. (i) At least one of these towing vessels An LNG tankship moored inside the shall be FiFi Class 1 equipped. In addi- LNG facility slip shall have two stand- tion, the LNG tankships moored inside by towing vessels with a minimum ca- of the slip shall have at least one pacity of 100,000 pounds of bollard pull, standby towing vessel between the two 4,000 horsepower, and the ability to op- ships with a minimum of 100,000 pounds erate safely in the indirect mode. At of bollard pull, 4,000 horsepower and least one of these towing vessels shall FiFi Class 1 equipped to take appro- be FiFi Class 1 equipped. The standby priate actions in an emergency as di- towing vessels shall take appropriate rected by the LNG vessel bridge watch action in an emergency as directed by required in paragraph (d)(5) of this sec- the LNG vessel bridge watch required tion. in paragraph (d)(5) of this section. (iii) In the event of an actual emer- (ii) If two LNG tankships are moored gency, escort towing vessels can be uti- inside the LNG facility slip, each vessel lized as stand-by towing vessels to take shall provide a standby towing vessel appropriate actions as directed by the that is FiFi class 1 equipped with a LNG vessel bridge watch required in minimum capacity of 100,000 pounds of paragraph (d)(5) of this section. bollard pull and 4,000 horsepower that (5) Requirements for moored LNG tank- is available to assist as directed by the ships. (i) While moored within the RNA, LNG vessel bridge watch required in each LNG tankship shall maintain a paragraph (d)(5) of this section. bridge watch consisting of a docking (4) Requirements while LNG tankships pilot or licensed deck officer who shall are moored both inside the LNG facility monitor all vessels transiting past the slip and outside the LNG facility slip. (i) LNG facility. In addition, the LNG When one LNG tankship is moored in- Bridge Watch shall communicate with side and one LNG tankship is moored the pilots of vessels greater than 1600 outside of the LNG facility slip, the gross tons at the points identified in LNG tankship moored outside of the section (d)(6)(iii) of this section prior LNG facility slip shall have on-scene a to passing the LNG facility in order to minimum of two escort towing vessels take actions of the towing vessel(s) re- each with a minimum of 100,000 pounds quired in paragraphs (d)(2) through (4) of bollard pull, 4,000 horsepower and ca- of this section.

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(ii) While moored within the RNA, surge damage to the LNG facility and LNG tankships shall have emergency vessel(s) within the slip. towing wires (fire wires) positioned one (v) Vessels 1,600 gross tons or greater meter above the waterline, both on the shall not meet nor overtake within an off-shore bow and quarter of the ship. area 1,000 yards on either side of the LNG vessels equipped with waterline LNG facility slip when an LNG tank- bollards are exempt from this require- ship is present within the slip. ment. (vi) All vessels less than 1,600 gross (6) Requirements for other vessels while tons shall not approach within 70 yards within the RNA. (i) Transiting vessels of an LNG tankship, carrying LNG in 1,600 gross tons or greater, when pass- excess of heel, without the permission ing an LNG tankship moored outside of of the Captain of the Port. the LNG facility slip, shall have a min- (vii) Except for vessels involved in imum of two towing vessels with a those operations noted in paragraph (c) minimum capacity of 100,000 pounds of of this section entitled Applicability, bollard pull, 4,000 horsepower, and the no vessel shall enter the LNG facility ability to operate safely in the indirect slip at any time without the permis- mode, made-up in such a way as to be sion of the Captain of the Port. immediately available to arrest and (e) Waivers. (1) The COTP may waive control the motion of an escorted ves- any requirement in this section, if the sel in the event of steering, propulsion COTP finds that it is in the best inter- or other casualty. At least one of the est of safety or in the interest of na- towing vessels shall be FiFi Class 1 tional security. Such waivers may be equipped. While it is anticipated that verbal or in writing. vessels will utilize the towing vessel (2) An application for a waiver of services required in paragraphs (d)(2)(i) these requirements must state the and (d)(4)(i) of this section, this section compelling need for the waiver and de- does not preclude escorted vessel oper- scribe the proposed operation and ators from providing their own towing methods by which adequate levels of vessel escorts, provided they meet the safety are to be obtained. requirements of this part. (f) Enforcement. Violations of this sec- (A) Outbound vessels shall be made- tion should be reported to the Captain up and escorted from Bight Channel of the Port, Savannah, at (912) 652–4353. Light 46 until the vessel is safely past In accordance with the general regula- the LNG dock. tions in § 165.13 of this part, no person (B) Inbound vessels shall be made-up may cause or authorize the operation and escorted from Elba Island Light 37 of a vessel in the regulated navigation until the vessel is safely past the LNG area contrary to the provisions of this dock. section. (ii) The requirements in paragraph [CGD07–05–138, 72 FR 2453, Jan. 19, 2007] (d)(6)(i) of this section do not apply when one or more LNG tankships are § 165.757 Safety Zones; Ports of Ponce, moored in the LNG facility slip and no Tallaboa, and Guayanilla, Puerto LNG tankship is moored at the pier Rico and Limetree Bay, St. Croix, outside of the LNG facility slip. U.S.V.I. (iii) Vessels 1,600 gross tons or great- (a) Location. The following areas are er shall make a broadcast on channel established as a safety zones during the 13 at the following points on the Sa- specified conditions: vannah River: (1) Port of Ponce, Puerto Rico. A 100- (A) Buoy ‘‘33’’ in the vicinity of yard radius surrounding all Liquefied Fields Cut for inbound vessels; Hazardous Gas (LHG) vessels with (B) Buoy ‘‘53’’ in the vicinity of Fort product aboard while transiting north Jackson for outbound vessels. of Latitude 17°57.0′ N in the waters of (iv) Vessels 1,600 gross tons or greater the Caribbean Sea on approach to or shall at a minimum, transit at bare departing from the Port of Ponce, steerageway when within an area 1,000 Puerto Rico (NAD 83). The safety zone yards on either side of the LNG facility remains in effect until the LHG vessel slip to minimize potential wake or is docked.

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(2) Port of Tallaboa, Puerto Rico. A 100- The security zone for a vessel is deacti- yard radius surrounding all Liquefied vated when the vessel passes this buoy Hazardous Gas (LHG) vessels with on its departure from the port. product aboard while transiting north (b) Regulations. (1) Under general reg- of Latitude 17°56.0′ N in the waters of ulations in § 165.33 of this part, enter- the Caribbean Sea on approach to or ing, anchoring, mooring or transiting departing from the Port of Tallaboa, in these zones is prohibited unless au- Puerto Rico (NAD 83). The safety zone thorized by the Coast Guard Captain of remains in effect until the LHG vessel the Port of San Juan. is docked. (2) Persons desiring to transit the (3) Port of Guayanilla, Puerto Rico. A area of the security zone may contact 100-yard radius surrounding all Lique- the Captain of the Port at the Sector fied Hazardous Gas (LHG) vessels San Juan at (787) 289–2041 or via VHF around with product aboard while radio on Channel 16 to seek permission transiting north of Latitude 17°57.0′ N to transit the area. If permission is in the waters of the Caribbean Sea on granted, all persons and vessels must approach to or departing from the Port comply with the instructions of the of Guayanilla, Puerto Rico (NAD 83). Captain of the Port or his designated The safety zone remains in effect until representative. the LHG vessel is docked. (3) The Coast Guard Sector San Juan (4) Port of Limetree Bay, St. Croix, will attempt to notify the maritime U.S.V.I. A 100-yard radius surrounding community of periods during which all Liquefied Hazardous Gas (LHG) ves- these security zones will be in effect by sels with product aboard while providing advance notice of scheduled transiting north of Latitude 17°39.0′ N arrivals and departures of cruise ships in the waters of the Caribbean Sea on via a broadcast notice to mariners. approach to or departing from the Port (c) Definition. As used in this section, of Limetree Bay, U.S.V.I. (NAD 83). cruise ship means a passenger vessel The safety zone remains in effect until greater than 100 feet in length that is the LHG vessel is docked. authorized to carry more than 150 pas- (b) Regulations. In accordance with sengers for hire, except for a ferry. the general regulations in § 165.23 of (d) Authority. In addition to 33 U.S.C this part, anchoring, mooring or 1231 and 50 U.S.C. 191, the authority for transiting in these zones is prohibited this section includes 33 U.S.C. 1226. unless authorized by the Coast Guard [CGD07–02–042, 67 FR 76991, Dec. 16, 2002, as Captain of the Port. Coast Guard Sec- amended by USCG–2008–0179, 73 FR 35017, tor San Juan will notify the maritime June 19, 2008] community of periods during which these safety zones will be in effect by § 165.759 Security Zones; Ports of providing advance notice of scheduled Jacksonville, Fernandina, and Ca- arrivals and departures on LHG car- naveral, Florida. riers via a broadcast notice to mariners (a) Regulated area. Moving security on VHF Marine Band Radio, Channel 16 zones are established 100 yards around (156.8 MHz). all tank vessels, cruise ships, and mili- [COTP San Juan 02–038, 67 FR 60867, Sept. 27, tary pre-positioned ships during tran- 2002, as amended by USCG–2008–0179, 73 FR sits entering or departing the ports of 35017, June 19, 2008] Jacksonville, Fernandina, and Canav- eral, Florida. These moving security § 165.758 Security Zone; San Juan, zones are activated when the subject Puerto Rico. vessels pass the St. Johns River Sea (a) Location. Moving and fixed secu- Buoy, at approximate position 30 deg. rity zones are established 50 yards 23′ 35″ N, 81 deg, 19′ 08″ West, when en- around all cruise ships entering, de- tering the port of Jacksonville, or pass parting, moored or anchored in the Port Canaveral Channel Entrance Port of San Juan, Puerto Rico. The se- Buoys # 3 or # 4, at respective approxi- curity zone for a cruise ship entering mate positions 28 deg. 22.7 N, 80 deg 31.8 port is activated when the vessel is one W, and 28 deg. 23.7 N, 80 deg. 29.2 W, mile north of the #3 buoy, at approxi- when entering Port Canaveral. Fixed mate position 18°28′17′ N, 66°07′37.5′ W. security zones are established 100 yards

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around all tank vessels, cruise ships, 082°32.5′ W; north to 27°51.76′ N, 082°32.5′ and military pre-positioned ships W; west to 27°51.73′ N, 082°33.16′ W; and docked in the Ports of Jacksonville, south to 27°51.62′ N, 082°33.14′ W, closing Fernandina, and Canaveral, Florida. off the Old Port Tampa channel. (b) Regulations. In accordance with (3) Sunshine Skyway Bridge, FL. All the general regulations § 165.33 of this waters in Tampa Bay, from surface to part, entry into these zones is prohib- bottom, in Cut ‘‘A’’ channel beneath ited except as authorized by the Cap- the bridge’s main span encompassed by tain of the Port, or a Coast Guard com- a line connecting the following points: missioned, warrant, or petty officer 27°37.30′ N, 082°39.38′ W to 27°37.13′ N, designated by him. The Captain of the 082°39.26′ W; and the bridge structure Port will notify the public of any columns, base and dolphins. This zone changes in the status of this zone by is specific to the bridge structure and Marine Safety Radio Broadcast on VHF dolphins and does not include waters Marine Band Radio, Channel 22 (157.1 adjacent to the bridge columns or dol- MHz). phins outside of the bridge’s main span. (c) Definition. As used in this section: (4) Vessels carrying hazardous cargo, cruise ship means a passenger vessel, Tampa, FL. All waters, from surface to except for a ferry, greater than 100 feet bottom, 200 yards around vessels in length that is authorized to carry moored in Tampa Bay carrying or more than 12 passengers for hire. transferring Liquefied Petroleum Gas (d) Authority. In addition to 33 U.S.C. (LPG), Anhydrous Ammonia (NH3) and/ 1231 and 50 U.S.C. 191, the authority for or grade ‘‘A’’ and ‘‘B’’ flammable liquid this section includes 33 U.S.C. 1226. cargo. Any vessel transiting within the outer 100 yards of the zone for moored [COTP Jacksonville 02–066, 68 FR 3186, Jan. 23, 2003] vessels carrying or transferring Lique- fied Petroleum Gas (LPG), Anhydrous § 165.760 Security Zones; Tampa Bay, Ammonia (NH3) and/or grade ‘‘A’’ and Port of Tampa, Port of Saint Peters- ‘‘B’’ cargo may operate unless other- burg, Port Manatee, Rattlesnake, wise directed by the Captain of the Old Port Tampa, Big Bend, Weedon Port or his designee but must proceed Island, and Crystal River, Florida. through the area at the minimum (a) Location. The following areas, de- speed necessary to maintain safe navi- noted by coordinates fixed using the gation. No vessel may enter the inner North American Datum of 1983 (World 100-yard portion of the security zone Geodetic System 1984), are security closest to the vessel. zones: (5) Piers, seawalls, and facilities, Port (1) Rattlesnake, Tampa, FL. All water, of Tampa and Port Sutton, Tampa, FL. from surface to bottom, in Old Tampa All waters, from surface to bottom, ex- Bay east and south of a line com- tending 50 yards from the shore, sea- mencing at position 27°53.32′ N, wall, and piers around facilities in Port 082°32.05′ W; north to 27°53.36′ N, Sutton within the Port of Tampa en- 082°32.05′ W, including on land portions compassed by a line connecting the fol- of Chemical Formulators Chlorine Fa- lowing points: 27°54.15′ N, 082°26.11′ W; cility, where the fenced area is bounded east northeast to 27°54.19′ N, 082°26.00′ by a line connecting the following W; then northeast to 27°54.37′ N, points: 27°53.21′ N, 082°32.11′ W; west to 082°25.72′ W, closing off all Port Sutton 27°53.22′ N, 082°32.23′ W; then north to channel; then northerly to 27°54.48′ N, 27°53.25′ N, 082°32.23′ W; then west again 082°25.70′ W. to 27°53.25′ N, 082°32.27′ W; then north (6) Piers, seawalls, and facilities, Port again to 27°53.29′ N, 082°32.25′ W; then of Tampa, East Bay and the eastern side east to 27°53.30′ N, 082°32.16′ W; then of Hooker’s Point. All waters, from sur- southeast terminating at 27°53.21′ N, face to bottom, extending 50 yards 082°32.11′ W. from the shore, seawall and piers (2) Old Port Tampa, Tampa, FL. All around facilities on East Bay and on waters, from surface to bottom, in Old the East Bay Channel within the Port Tampa Bay encompassed by a line con- of Tampa encompassed by a line connecting the following points: 27°51.62′ necting the following points: 27°56.05′ N, 082°33.14′ W; east to 27°51.71′ N, N, 082°25.95′ W, southwesterly to

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27°56.00′ N, 082°26.07′ W, then southerly cruise ship may operate unless other- to 27°55.83′ N, 082°26.07′ W, then south- wise directed by the Captain of the easterly to 27°55.55′ N, 082°25.75′ W, then Port or his designee but must proceed south to 27°54.75′ N, 082°25.75′ W, then through the area at the minimum southwesterly and terminating at speed necessary to maintain safe navi- point 27°54.57′ N, 082°25.86′ W. gation. No vessel may enter the inner (7) Piers, seawalls, and facilities, Port 100-yard portion of the security zone of Tampa, on the western side of Hooker’s closest to the vessel. Point, Tampa, FL. All waters, from sur- (10) Moored cruise ships in the Port of face to bottom, extending 50 yards Tampa, Port of Saint Petersburg, and from the shore, seawall, and piers Port Manatee, Florida. All waters, from around facilities on Hillsborough Bay surface to bottom, extending 200 yards northern portion of Cut ‘‘D’’ channel, around moored cruise ships in the Sparkman channel, Ybor Turning Ports of Tampa, Saint Petersburg, or Basin, and Ybor channel within the Port Manatee, Florida. Any vessel Port of Tampa encompassed by a line transiting within the outer 100 yards of connecting the following points: the zone of moored cruise ships may ° ′ ° ′ 27 54.74 N, 082 26.47 W; northwest to operate unless otherwise directed by ° ′ ° ′ 27 55.25 N, 082 26.73 W; then north- the Captain of the Port or his designee northwest to 27°55.60′ N, 082°26.80′ W; ° ′ but must proceed through the area at then north-northeast to 27 56.00 N, the minimum speed necessary to main- 082°26.75′ W; then northeast to 27°56.58′ tain safe navigation. No vessel may N, 082°26.53′ W; and north to 27°57.29′ N, enter the inner 100-yard portion of the 082°26.51′ W; west to 27°57.29′ N, 082°26.61′ security zone closest to the vessel. W; then southerly to 27°56.65′ N, 082°26.63′ W; southwesterly to 27°56.58′ (11) Saint Petersburg Harbor, FL. All N, 082°26.69′ W; then southwesterly and waters, from surface to bottom, ex- terminating at 27°56.53′ N, 082°26.90′ W. tending 50 yards from the seawall and (8) Piers, seawalls, and facilities, Port around all moorings and vessels in of Manatee. All waters, from surface to Saint Petersburg Harbor (Bayboro Har- bottom, within the Port of Manatee ex- bor), commencing on the north side of tending 50 yards from the shore, sea- the channel at dayboard ‘‘10’’ in ap- ° ′ ° ′ wall and piers around facilities. This proximate position 27 45.56 N, 082 37.55 security zone encompasses all piers and W, and westward along the seawall to seawalls of the cruise terminal berths 9 the end of the cruise terminal in ap- ° ′ ° ′ and 10 in Port Manatee, Florida begin- proximate position 27 45.72 N, 082 37.97 ning at 27°38.00′ N, 082°33.81′ W; con- W. The zone will also include the Coast tinuing east to 27°38.00′ N, 082°33.53′ W. Guard south moorings in Saint Peters- (9) Moving cruise ships in the Port of burg Harbor. The zone will extend 50 Tampa, Port of Saint Petersburg, and yards around the piers commencing Port Manatee, Florida. All waters, from from approximate position 27°45.51′ N, surface to bottom, extending 200 yards 082°37.99′ W; to 27°45.52′ N, 082°37.57′ W. around all cruise ships entering or de- The southern boundary of the zone is parting Port of Tampa, Port of Saint shoreward of a line between the en- Petersburg, or Port Manatee, Florida. trance to Salt Creek easterly to Green These temporary security zones are ac- Daybeacon 11 (LLN 2500). tivated on the inbound transit when a (12) Crystal River Nuclear Power Plant. cruise ship passes the Tampa Lighted All waters, from surface to bottom, Whistle Buoy ‘‘T’’, located at 27°35.35′ around the Florida Power Crystal N, 083°00.71′ W and terminate when the River nuclear power plant located at vessel is moored at a cruise ship ter- the end of the Florida Power Corpora- minal. The security zones are activated tion Channel, Crystal River, Florida, on the outbound transit when a cruise encompassed by a line connecting the ship gets underway from a terminal following points: 28°56.87′ N, 082°45.17′ W and terminates when the cruise ship (Northwest corner); 28°57.37′ N, 082°41.92′ passes the Tampa Lighted Whistle W (Northeast corner); 28°56.81′ N, Buoy ‘‘T’’, located at 27°35.35′ N, 082°45.17′ W (Southwest corner); and 083°00.71′ W. Any vessel transiting with- 28°57.32′ N, 082°41.92′ W (Southeast cor- in the outer 100 yards of the zone for a ner).

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(13) Crystal River Demory Gap Channel. scribed in paragraph (a) of this section All waters, from surface to bottom, in is prohibited unless authorized by the the Demory Gap Channel in Crystal Captain of the Port Sector St. Peters- River, Florida, encompassed by a line burg or a designated representative. connecting the following points: (2) Persons desiring to transit the 28°57.61′ N, 082°43.42′ W (Northwest cor- area of the security zone may contact ner); 28°57.53′ N, 082°41.88′ W (Northeast the Captain of the Port Sector St. Pe- corner); 28°57.60′ N, 082°43.42′ W (South- tersburg or a designated representative west corner); and 28°57.51′ N, 082°41.88′ on VHF channel 16 to seek permission W (Southeast corner). to transit the area. If permission is (14) Big Bend Power Plant, FL. All wa- granted, all persons and vessels must ters of Tampa Bay, from surface to bot- comply with the instructions of the tom, adjacent to the Big Bend Power Captain of the Port or designated rep- Facility, and within an area bounded resentative. In the case of moving secu- by a line connecting the following rity zones, notification of activation of points: 27°48.08′ N, 082°24.88′ W; then these zones will be given by Broadcast northwest to 27°48.15′ N, 082°24.96′ W; Notice to Mariners on VHF FM Marine then southwest to 27°48.10′ N, 082°25.00′ Band Radio, Channel 22A. For vessels W; then south-southwest to 27°47.85′ N, not equipped with a radio, there will 082°25.03′ W; then southeast to 27°47.85′ also be on site notification via a des- N, 082°24.79′ W; then east to 27°47.55′ N, ignated representative of the Captain 082°24.04′ W; then north to 27°47.62′ N, of the Port. 082°84.04′ W; then west to 27°47.60′ N, 082°24.72′ W; then north to 27°48.03′ N, NOTE TO § 165.760(c)(2): A graphical rep- ° ′ ° ′ resentation of all fixed security zones will be 082 24.70 W; then northwest to 27 48.08 made available via the Coast Pilot and nau- N, 082°24.88′ W, closing off entrance to tical charts. Big Bend Power Facility and the attached cooling canal. (3) Enforcement. Under § 165.33, no per- (15) Weedon Island Power Plant, FL. son may cause or authorize the oper- All waters of Tampa Bay, from surface ation of a vessel in the security zones to bottom, extending 50-yards from the contrary to the provisions of this sec- shore, seawall and piers around the tion. Power Facility at Weedon Island en- (d) Authority. In addition to 33 U.S.C. compassed by a line connecting the fol- 1231 and 50 U.S.C. 191, the authority for lowing points: 27°51.52′ N, 082°35.82′ W; this section includes 33 U.S.C. 1226. then north and east along the shore to [COTP Tampa 02–053, 68 FR 52342, Sept. 3, 27°51.54′ N, 082°35.78′ W; then north to 2003, as amended by USCG–2007–0062, 73 FR 27°51.68′ N, 082°35.78′ W; then north to 1282, Jan. 8, 2008] 27°51.75′ N, 082°35.78′ W, closing off entrance to the canal; then north to § 165.761 Security Zones; Port of Palm 27°51.89′ N, 082°35.82′ W; then west along Beach, Port Everglades, Port of the shore to 27°51.89′ N, 082°36.10′ W; Miami, and Port of Key West, Flor- then west to 27°51.89′ N, 082°36.14′ W, ida. closing off entrance to the canal. (a) Location. The following areas are (b) Definitions. As used in this sec- security zones: tion— (1) Fixed and moving security zones Cruise ship means a vessel required to around vessels in the Ports of Palm comply with 33 CFR part 120. Beach, Port Everglades, Miami, and Key Designated representative means Coast West, Florida. Moving security zones Guard Patrol Commanders including are established 100 yards around all Coast Guard coxswains, petty officers passenger vessels, vessels carrying car- and other officers operating Coast goes of particular hazard, or vessels Guard vessels, and federal, state, and carrying liquefied hazardous gas (LHG) local officers designated by or assisting as defined in 33 CFR parts 120, 126 and the Captain of the Port (COTP), in the 127 respectively, during transits enter- enforcement of regulated navigation ing or departing the Ports of Palm areas, safety zones, and security zones. Beach, Port Everglades, Miami or Key (c) Regulation. (1) Entry into or re- West, Florida. These moving security maining on or within the zones de- zones are activated when the subject

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vessel passes: ‘‘LW’’ buoy, at approxi- (3) Fixed security zones in the Port Ev- mate position 26°46.3′ N, 080°00.6′ W, erglades. A fixed security zone encom- when entering the Port of Palm Beach, passes all waters west of an imaginary passes ‘‘PE’’ buoy, at approximate po- line starting at the northern most sition 26°05.5′ N, 080°04.8′ W, when enter- point 26°05.98′ N, 080°07.15′ W, near the ing Port Everglades; the ‘‘M’’ buoy, at west side of the 17th Street Causeway approximate position 25°46.1′ N, 080°05.0′ Bridge, to the southern most point W, when entering the Port of Miami; 26°05.41′ N, 080°06.96′ W, on the northern and ‘‘KW’’ buoy, at approximate posi- tip of pier 22. An additional fixed secu- tion 24°27.7′ N, 081°48.1′ W, when enter- rity zone encompasses the Intracoastal ing the Port of Key West. Fixed secu- Waterway between a line connecting rity zones are established 100 yards point 26°05.41′ N, 080°06.97′ W, on the around all passenger vessels, vessels northern tip of berth 22 and a point di- carrying cargoes of particular hazard rectly east across the Intracoastal Wa- or liquefied hazardous gas (LHG) as de- terway to 26°05.41′ N, 080°06.74′ W; and a fined in 33 CFR parts 120, 126 and 127 re- line drawn from the corner of Port Ev- spectively, while they are docked in erglades berth 29 at point 26°04.72′ N, the Ports of Palm Beach, Port Ever- 080°06.92′ W, easterly across the Intra- glades, Miami or Key West, Florida. coastal Waterway to John U. Lloyd (2) Fixed security zone in the Port of Beach, State Recreational Area at Miami, Florida. A fixed security zone point 26°04.72′ N, 080°06.81′ W. encompasses all waters between Wat- (i) Vessels may be allowed to transit son Park and Star Island on the Mac- the Intracoastal Waterway when pas- Arthur Causeway south to the Port of senger vessels or vessels carrying car- Miami. The western boundary is goes of particular hazard are berthed, formed by an imaginary line from by staying east of the law enforcement points 25°46.79′ N, 080°10.90′ W, to vessels and cruise ship tenders, which 25°46.77′ N, 080°10.92′ W to 25°46.88′ N, will mark a transit lane in the Intra- 080°10.84′ W, and ending on Watson coastal Waterway. Park at 25°47.00′ N, 080°10.67′ W. The (ii) Periodically, vessels may be re- eastern boundary is formed by an quired to temporarily hold their posi- imaginary line from the traffic light tions while large commercial traffic located at Bridge road, in approximate operates in this area. Vessels in this se- position 25°46.33′ N, 080°09.12′ W, which curity zone must follow the orders of leads to Star Island, and MacArthur the COTP or his designated representa- Causeway directly extending across the tive, who may be embarked in law en- Main Channel to the Port of Miami, at forcement or other vessels on scene. 25°46.26′ N, 080°09.18′ W. The fixed secu- When passenger vessels are not berthed rity zone is activated when two or on the Intracoastal Waterway, naviga- more passenger vessels, vessels car- tion will be unrestricted. Law enforce- rying cargoes of particular hazard, or ment vessels can be contacted on VHF vessels carrying liquefied hazardous Marine Band Radio, Channel 16 (156.8 gas (LHG) as defined in 33 CFR parts MHz). 120, 126 and 127 respectively, enter or (b) Regulations. (1) Prior to com- moor within this zone. mencing the movement, the person di- (i) Vessels may be allowed to transit recting the movement of a passenger the Main Channel when only one pas- vessel, a vessel carrying cargoes of par- senger vessel or vessel carrying cargoes ticular hazard or a vessel carrying liq- of particular hazard are berthed, by uefied hazardous gas (LHG) as defined staying on the north side of the law en- in Title 33, Code of Federal Regulations forcement boats and cruise ship parts 120, 126 and 127 respectively, is tenders which will mark a transit lane encouraged to make a security broad- in channel. cast on VHF Marine Band Radio, Chan- (ii) When passenger vessels are not nel 13 (156.65 MHz) to advise mariners berthed on the Main Channel, naviga- of the moving security zone activation tion will be unrestricted. Law enforce- and intended transit. ment vessels can be contacted on VHF (2) In accordance with the general Marine Band Radio, Channel 16 (156.8 regulations § 165.33 of this part, entry MHz). into these zones is prohibited except as

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authorized by the Captain of the Port mate position 18°19′15″ North, 64°55′59″ Miami or his designated representa- West when entering the port using East tive. Other vessels such as pilot boats, Gregorie Channel; and red lighted buoy cruise ship tenders, tug boats and con- 4 in approximate position 18°18′16″ tracted security vessels may assist the North, 64°57′30″ West when entering the Coast Guard Captain of the Port under port using West Gregorie Channel. the direction of his designated rep- These zones are deactivated when the resentative by monitoring these zones cruise ship passes any of these buoys strictly to advise mariners of the re- on its departure from the Port. strictions. The Captain of the Port will (b) Regulations. (1) Under general reg- notify the public via Marine Safety ulations in § 165.33 of this part, enter- Radio Broadcast on VHF Marine Band ing, anchoring, mooring or transiting Radio, Channel 16 (156.8 MHz) when the in these zones is prohibited unless au- security zones are being enforced. thorized by the Coast Guard Captain of (3) Persons desiring to enter or tran- the Port of San Juan. sit the area of the security zone may (2) Persons desiring to transit the contact the Captain of the Port at (305) area of the security zone may contact 535–8701 or on VHF Marine Band Radio, the Captain of the Port at the Sector Channel 16 (156.8 MHz) to seek permis- San Juan at (787) 289–2041 or via VHF sion to transit the area. If permission radio on Channel 16 to seek permission is granted, all persons and vessels must to transit the area. If permission is comply with the instructions of the granted, all persons and vessels must Captain of the Port or his or her des- comply with the instructions of the ignated representative. Captain of the Port or his designated (4) The Captain of the Port Miami representative. may waive any of the requirements of (3) Coast Guard Sector San Juan will this subpart for any vessel upon finding attempt to notify the maritime com- that the vessel or class of vessel, oper- munity of periods during which these ational conditions, or other cir- security zones will be in effect by pro- cumstances are such that application viding advance notice of scheduled ar- of this subpart is unnecessary or im- rivals and departures of cruise ships practical for the purpose of port secu- via a broadcast notice to mariners. rity, safety or environmental safety. (c) Definition. As used in this section, (c) Definition. As used in this section, cruise ship means a passenger vessel cruise ship means a passenger vessel greater than 100 feet in length that is greater than 100 feet in length and over authorized to carry more than 150 pas- 100 gross tons that is authorized to sengers for hire, except for a ferry. carry more than 12 passengers for hire (d) Authority. In addition to 33 U.S.C making voyages lasting more than 24 1231 and 50 U.S.C. 191, the authority for hours, except for a ferry. this section includes 33 U.S.C. 1226. (d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the authority for [COTP San Juan 03–024, 68 FR 33391, June 4, this section includes 33 U.S.C. 1226. 2003, as amended by USCG–2008–0179, 73 FR 35017, June 19, 2008] [COTP Miami 02–115, 68 FR 3189, Jan. 23, 2003] § 165.763 Moving and Fixed Security § 165.762 Security Zone; St. Thomas, Zone, Port of Fredericksted, Saint U.S. Virgin Islands. Croix, U.S. Virgin Islands. (a) Location. Moving and fixed secu- (a) Location. A moving and fixed security zones are established 50 yards rity zone is established that surrounds around all cruise ships entering, de- all cruise ships entering, departing, parting, moored or anchored in the mooring or anchoring in the Port of Port of St. Thomas, U.S. Virgin Is- Fredericksted, Saint Croix, U.S. Virgin lands. The security zone for a cruise Islands. The security zone extends from ship entering port is activated when the cruise ship outward and forms a 50- the vessel passes: St. Thomas Harbor yard radius around the vessel, from green lighted buoy 3 in approximate surface to bottom. The security zone position 18°19′19″ North, 64°55′40″ West for a cruise ship entering port is acti- when entering the port using St. vated when the vessel is within one Thomas Channel; red buoy 2 in approxi- nautical mile west of the Fredericksted

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Pier lights. The security zone for a ves- to a point near the center of Lake sel is deactivated when the cruise ship Mabel approximately 26°05.482′ N, is beyond one nautical mile west of the 080°06.793′ W, thence northwesterly to a Fredericksted Pier lights. The point near the Quick Flashing Red #12 Fredericksted Pier lights are at the approximately 26°05.666′ N, 080°06.947′ W, following coordinates: 17°42′49″ N, thence east to south mid-point tip of 64°53′19″ W. All coordinates are North Harbor Heights (starting point) ap- American Datum 1983 (NAD 1983). proximately 26°05.687′ N, 080°06.684′ W. (b) Regulations. (1) Under general reg- (b) Regulations. Vessels less than 150 ulations in § 165.33 of this part, enter- meters entering and transiting through ing, anchoring, mooring, or transiting the regulated navigation area shall in these zones is prohibited unless au- proceed at a slow speed. Nothing in thorized by the Coast Guard Captain of this section alleviates vessels or opera- the Port San Juan or their designated tors from complying with all state and representative. local laws in the area including man- (2) Persons desiring to transit atee slow speed zones. Nor should any- through a security zone may contact thing in this section be construed as the Captain of the Port San Juan who conflicting with the requirement to op- can be reached on VHF Marine Band erate at safe speed under the Inland Radio, Channel 16 (156.8 Mhz) or by Navigation Rules, 33 U.S.C. 2001 et seq. calling (787) 289–2041, 24-hours-a-day, 7- (c) Definition. As used in this section, days-a-week. If permission is granted, slow speed means the speed at which a all persons and vessels must comply vessel proceeds when it is fully off with the instructions of the Captain of plane, completely settled in the water the Port or designated representative. and not creating excessive wake. Due (3) Sector San Juan will attempt to to the different speeds at which vessels notify the maritime community of pe- of different sizes and configurations riods during which these security zones may travel while in compliance with will be in effect by providing advance this definition, no specific speed is as- notice of scheduled arrivals and depar- signed to slow speed. A vessel is not tures of cruise ships via a broadcast no- proceeding at slow speed if it is: tice to mariners. (1) On a plane; (c) Definition. As used in this section, (2) In the process of coming up on or cruise ship means a passenger vessel coming off of plane; or greater than 100 feet in length that is (3) Creating an excessive wake. authorized to carry more than 150 pas- [CDG07–03–069, 68 FR 63991, Nov. 12, 2003] sengers for hire, except for a ferry. (d) Authority. In addition to 33 U.S.C. § 165.766 Security Zone: HOVENSA Re- 1231 and 50 U.S.C. 191, the authority for finery, St. Croix, U.S. Virgin Is- this section includes 33 U.S.C. 1226. lands. (a) Regulated area. The Coast Guard is [COTP San Juan 05–002, 70 FR 22256, Apr. 29, 2005] establishing a security zone in and around the HOVENSA Refinery on the § 165.764 [Reserved] south coast of St. Croix, U.S. Virgin Is- lands. This security zone includes all § 165.765 Regulated Navigation Area; waters from surface to bottom, encom- Port Everglades Harbor, Fort Lau- passed by an imaginary line connecting derdale, Florida. the following points: Point 1: 17°41′31″ (a) Location. The following area in North, 64°45′09″ West, Point 2: 17°39′36″ Port Everglades harbor is a regulated North, 64°44′12″ West, Point 3: 17°40′00″ navigation area: all waters of Port Ev- North, 64°43′36″ West, Point 4: 17°41′48″ erglades harbor, from shore to shore, North, 64°44′25″ West, and returning to encompassed by a line commencing at the point of origin. These coordinates the south mid-point tip of Harbor are based upon North American Datum Heights approximately 26°05.687′ N, 1983 (NAD 1983). 080°06.684′ W; thence south across Bar (b) Regulations. (1) Under § 165.33, Cut to a point north of the Nova Uni- entry into or remaining in the security versity Marina approximately 26°05.552′ zone in paragraph (a) of this section is N, 080°06.682′ W, thence southwesterly prohibited unless authorized by the

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Coast Guard Captain of the Port San § 165.768 Security Zone; MacDill Air Juan or vessels have a scheduled ar- Force Base, Tampa Bay, FL. rival in accordance with the Notice of (a) Location. The following area is a Arrival requirements of 33 CFR part security zone which exists concurrent 160, subpart C. with an Army Corps of Engineers re- (2) Persons and vessels desiring to stricted area in § 334.635 of this title. transit the Regulated Area may con- All waters within Tampa Bay, Florida tact the U.S. Coast Guard Captain of in the vicinity of MacDill Air Force the Port, San Juan, at telephone num- Base, including portions of the waters ber 787–289–2041 or on VHF channel 16 of Hillsborough Bay, Old Tampa Bay, (156.8 MHz) to seek permission to tran- and Tampa Bay, encompassed by a line sit the area. If permission is granted, connecting the following coordinates: all persons and vessels must comply latitude 27°51′52.901″ N., longitude with the instructions of the Captain of 82°29′18.329″ W., thence directly to lati- the Port. tude 27°52′00.672″ N., longitude ° ′ ″ [COTP San Juan 05–007, 72 FR 43537, Aug. 6, 82 28 51.196 W., thence directly to lati- 2007] tude 27°51′28.859″ N., longitude 82°28′10.412″ W., thence directly to lati- § 165.767 Security Zone; Manbirtee tude 27°51′01.067″ N., longitude Key, Port of Manatee, Florida. 2°27′45.355″ W., thence directly to lati- ° ′ ″ (a) Regulated area. The following area tude 27 50 43.248 N., longitude ° ′ ″ is a security zone: All waters, from sur- 82 27 36.491 W., thence directly to lati- ° ′ ″ face to bottom, surrounding Manbirtee tude 27 50 19.817 N., longitude ° ′ ″ Key, Tampa Bay, FL extending 500 82 27 35.466 W., thence directly to lati- ° ′ ″ yards from the island’s shoreline, in all tude 27 49 38.865 N., longitude ° ′ ″ directions, not to include the Port 82 27 43.642 W., thence directly to lati- ° ′ ″ Manatee Channel. tude 27 49 20.204 N., longitude 82°27′47.517″ W., thence directly to lati- (b) Definitions. As used in this sec- tude 27°49′06.112″ N., longitude tion, designated representative means 82°27′52.750″ W., thence directly to lati- Coast Guard Patrol Commanders in- tude 27°48′52.791″ N., longitude cluding Coast Guard coxswains, petty 82°28′05.943″ W., thence directly to lati- officers and other officers operating tude 27°48′45.406″ N., longitude Coast Guard vessels, and Federal, 82°28′32.309″ W., thence directly to lati- State, and local officers designated by tude 27°48′52.162″ N., longitude or assisting the Captain of the Port 82°29′26.672″ W., thence directly to lati- (COTP), in the enforcement of regu- tude 27°49′03.600″ N., longitude lated navigation areas, safety zones, 82°30′23.629″ W., thence directly to lati- and security zones. tude 27°48′44.820″ N., longitude (c) Regulation. (1) Entry into or re- 82°31′10.000″ W., thence directly to lati- maining on or within the security zone tude 27°49′09.350″ N., longitude is prohibited unless authorized by the 82°32′24.556″ W., thence directly to lati- Captain of the Port Sector St. Peters- tude 27°49′38.620″ N., longitude burg or his designee. 82°33′02.444″ W., thence directly to lati- (2) Persons desiring to transit the se- tude 27°49′56.963″ N., longitude curity zone may contact the Captain of 82°32′45.023″ W., thence directly to lati- the Port Sector St. Petersburg or his tude 27°50′05.447″ N., longitude designee on VHF channel 16 to seek 82°32′48.734″ W., thence directly to lati- permission to transit the area. If per- tude 27°50′33.715″ N., longitude mission is granted, all persons and ves- 82°32’45.220″ W., thence directly to a sels must comply with the instructions point on the western shore of the base of the Captain of the Port or des- at latitude 27°50′42.836″ N., longitude ignated representative. 82°32′10.972″ W. (3) Enforcement. Under § 165.33, no per- (b) Definitions. The following defini- son may cause or authorize the oper- tion applies to this section. Designated ation of a vessel in the security zone representative means Coast Guard Pa- contrary to the provisions of this sec- trol Commanders including Coast tion. Guard coxswains, petty officers and [USCG–2007–0061, 73 FR 3651, Jan. 22, 2008] other officers operating Coast Guard

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vessels, and federal, state, and local of- speed is assigned to minimum safe ficers designated by or assisting the speed. In no instance should minimum Captain of the Port St. Petersburg safe speed be interpreted as a speed less (COTP), in the enforcement of regu- than that required for a particular ves- lated navigation areas, safety zones, sel to maintain steerageway. A vessel and security zones. is not proceeding at minimum safe (c) Regulations. In accordance with speed if it is: the general regulations in § 165.33 of (1) On a plane; this part, entry into, anchoring, moor- (2) In the process of coming up onto ing, or transiting this zone by persons or coming off a plane; or or vessels is prohibited without the prior permission of the Coast Guard (3) Creating an excessive wake. Captain of the Port St. Petersburg or a (b) Regulated area. All navigable wa- designated representative. ters, as defined in 33 CFR 2.36, within the Captain of the Port Zone, Charles- [USCG–2008–0013, 73 FR 6613, Feb. 5, 2008] ton, South Carolina 33 CFR 3.35–15. § 165.769 Security Zone; Escorted Ves- (c) Security zone. A 300-yard security sels, Charleston, South Carolina, zone is established around each es- Captain of the Port Zone corted vessel within the regulated area (a) Definitions. The following defini- described in paragraph (b) of this sections apply to this section: tion. This is a moving security zone COTP means Captain of the Port when the escorted vessel is in transit Charleston, SC. and becomes a fixed zone when the es- Designated representatives means corted vessel is anchored or moored. A Coast Guard Patrol Commanders in- security zone will not extend beyond cluding Coast Guard coxswains, petty the boundary of the regulated area in officers and other officers operating this section. Coast Guard vessels, and federal, state, (d) Regulations. (1) The general regu- and local officers designated by or as- lations for security zones contained in sisting the COTP, in the enforcement § 165.33 of this part applies to this sec- of the security zone. tion. Escorted vessel means a vessel, other (2) A vessel may request the permis- than a large U.S. naval vessel as de- sion of the COTP Charleston or a des- fined in 33 CFR 165.2015, that is accom- ignated representative to enter the se- panied by one or more Coast Guard as- curity zone described in paragraph (c) sets or other Federal, State or local of this section. If permitted to enter law enforcement agency assets clearly the security zone, a vessel must pro- identifiable by lights, vessel markings, ceed at the minimum safe speed and or with agency insignia as listed below: must comply with the orders of the Coast Guard surface or air asset dis- COTP or a designated representative. playing the Coast Guard insifnia. No vessel or person may enter the State and/or local law enforcement inner 50-yard portion of the security asset displaying the applicable agency zone closest to the vessel. markings and/or equipment associated with the agency. (e) Notice of security zone. The COTP When escorted vessels are moored, will inform the public of the existence dayboards or other visual indications or status of the security zones around such as lights or buoys may be used. In escorted vessels in the regulated area all cases, broadcast notice to mariners by Broadcast Notice to Mariners. Coast will be issued to advise mariners of Guard assets or other Federal, State or these restrictions. local law enforcement agency assets Minimum safe speed means the speed will be clearly identified by lights, ves- at which a vessel proceeds when it is sel markings, or with agency insignia. fully off plane, completely settled in When escorted vessels are moored, the water and not creating excessive dayboards or other visual indications wake. Due to the different speeds at such as lights or buoys may be used. which vessels of different sizes and con- (f) Contact information. The COTP figurations may travel while in compli- Charleston may be reached via phone ance with this definition, no specific at (843) 724–7616. Any on scene Coast

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Guard or designated representative as- Puerto de Ponce waterfront facility in sets may be reached via VHF-FM chan- Bahia de Ponce. nel 16. (2) The waters within 150 feet of any vessel carrying LNG cargo while [USCG–2007–0115, 73 FR 30562, May 28, 2008] moored at the Puerto de Ponce water- § 165.770 Security Zone: HOVENSA Re- front facility in Bahia de Ponce, be- finery, St. Croix, U.S. Virgin Is- tween berths 4 and 7 at approximate lands. position 17°58′12″N, 066°37′08″ W. (a) Regulated area. The Coast Guard is (b) Definitions. The following defini- establishing a security zone in and tions apply to this section: around the HOVENSA Refinery on the Designated representative means Coast south coast of St. Croix, U.S. Virgin Is- Guard Patrol Commander including lands. This security zone includes all Coast Guard coxswains, petty officers waters from surface to bottom, encom- and other officers operating Coast passed by an imaginary line connecting Guard vessels and federal, state, and the following points: Point 1 in posi- local officers designated by or assisting tion 17°41′31″ N, 064°45′09″ W; Point 2 in the COTP San Juan in the enforcement position 17°39′36″ N, 064°44′12″ W; Point 3 of the safety zone. in position 17°40′00″ N, 064°43′36″ W; (c) Regulations. In accordance with Point 4 in position 17°41′48″ N, 064°44′25″ the general regulations in § 165.23 of W; then tracing the shoreline along the this part, anchoring, mooring or water’s edge to the point of origin. transiting in these zones is prohibited These coordinates are based upon unless authorized by the Coast Guard North American Datum 1983 (NAD Captain of the Port or a designated 1983). representative. Persons and vessels de- (b) Regulations. (1) Under § 165.33, siring to transit the Regulated Area entry into or remaining within the reg- may contact the U.S. Coast Guard Cap- ulated area in paragraph (a) of this sec- tain of the Port San Juan at telephone tion is prohibited unless authorized by number 787–289–2041 or on VHF channel the Coast Guard Captain of the Port 16 (156.9 MHz). San Juan or vessels have a scheduled (d) Enforcement periods. The Coast arrival at HOVENSA, Limetree Bay, Guard will notify the maritime com- St. Croix, in accordance with the No- munity of effective periods via a broad- tice of Arrival requirements of 33 CFR cast notice to mariners on VHF Marine part 160, subpart C. Band Radio, Channel 22A (156.8 MHz). (2) Persons and vessels desiring to [USCG–2007–0075, 73 FR 54951, Sept. 24, 2008] transit the Regulated Area may contact the U.S. Coast Guard Captain of § 165.773 Security Zone; Escorted Ves- the Port San Juan at telephone num- sels in Captain of the Port Zone ber 787–289–2041 or on VHF channel 16 Jacksonville, Florida. (156.8 MHz) to seek permission to tran- (a) Definitions. The following defini- sit the area. If permission is granted, tions apply to this section: all persons and vessels must comply COTP means Captain of the Port with the instructions of the Captain of Jacksonville, FL. the Port. Designated representatives means [USCG–2008–0284, 73 FR 27746, May 14, 2008] Coast Guard Patrol Commanders including Coast Guard coxswains, petty § 165.771 Safety Zone; Bahia de Ponce, officers and other officers operating Puerto Rico Coast Guard vessels or aircraft, and (a) Location. The following area is es- federal, state, and local officers des- tablished as a safety zone during the ignated by or assisting the COTP, in specified conditions: the enforcement of the security zone. (1) A 100 yard radius around any ves- Escorted vessel means a vessel, other sel carrying Liquefied Natural Gas than a large U.S. naval vessel as de- (LNG) cargo while transiting north of fined in 33 CFR 165.2015, that is accom- Latitude 17°54′00″ N in the waters of the panied by one or more Coast Guard as- Caribbean Sea and the Bahia de Ponce, sets or other Federal, State, or local on approach to or departure from the law enforcement agency assets clearly

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identifiable by lights, vessel markings, the orders of the COTP or a designated or with agency insignia as follows: representative. No vessel or person (1) Coast Guard surface or air asset may enter the inner 100-yard portion of displaying the Coast Guard insignia. the security zone closest to the vessel. (2) State and/or local law enforce- (e) Notice of security zone. The COTP ment asset displaying the applicable will inform the public of the existence agency markings and/or equipment as- or status of the security zones around sociated with the agency. escorted vessels in the regulated area (3) When escorted vessels are moored, by Broadcast Notice to Mariners. Coast dayboards or other visual indications Guard assets or other Federal, State or such as lights or buoys may be used. In local law enforcement agency assets all cases, broadcast notice to mariners will be clearly identified by lights, ves- will be issued to advise mariners of sel markings, or with agency insignia. these restrictions. When escorted vessels are moored, Minimum safe speed means the speed dayboards or other visual indications at which a vessel proceeds when it is such as lights or buoys may be used. fully off plane, completely settled in (f) Contact information. The COTP the water and not creating excessive Jacksonville may be reached via phone wake. Due to the different speeds at at (904) 564–7513. Any on scene Coast which vessels of different sizes and con- Guard or designated representative as- figurations may travel while in compli- sets may be reached via VHF–FM chan- ance with this definition, no specific nel 16. speed is assigned to minimum safe [USCG–2008–0203, 73 FR 28710, May 19, 2008] speed. In no instance should minimum safe speed be interpreted as a speed less § 165.775 Safety Zone; Captain of the than that required for a particular ves- Port Zone Jacksonville; Offshore sel to maintain steerageway. A vessel Cape Canaveral, Florida. is not proceeding at minimum safe (a) Regulated area. (1) Zone (A) is de- speed if it is: fined by four latitude and longitude (1) On a plane; corner points. Zone A originates from (2) In the process of coming up onto the baseline at position 28°45.7′ N, or coming off a plane; or 080°42.7′ W; then proceeds northeast to (3) Creating an excessive wake. 28°50.1′ N, 080°29.9′ W; then proceeds (b) Regulated area. All navigable wa- southeast to 28°31.3′ N, 080°19.6′ W; then ters, as defined within Captain of the proceeds west back to the baseline at Port Zone, Jacksonville, Florida as de- position 28°31.3′ N, 080°33.4′ W. fined in 33 CFR 3.35–20. (2) Zone (B) is defined by four lati- (c) Security zone. A 500-yard security tude and longitude corner points. Zone zone is established around each es- B originates from the baseline at posi- corted vessel within the regulated area tion 28°40.1′ N, 080°38.4′ W; then pro- described in paragraph (b) of this sec- ceeds northeast to 28°48.8′ N, 080°28.9′ W; tion. This is a moving security zone then proceeds southeast to 28°29.7′ N, when the escorted vessel is in transit 080°18.9′ W; then proceeds west back to and becomes a fixed zone when the es- the baseline at position 28°29.7′ N, corted vessel is anchored or moored. A 080°31.6′ W. security zone will not extend beyond (3) Zone (C) is defined by four lati- the boundary of the regulated area in tude and longitude corner points. Zone this section. C originates from the baseline at posi- (d) Regulations. (1) The general regu- tion 28°36.2′ N, 080°35.3′ W; then pro- lations for security zones contained in ceeds northeast to 28°45.6′ N, 080°25.2′ W; § 165.33 of this part applies to this sec- then proceeds south to 28°26′ N, 080°20.8′ tion. W; then proceeds west back to the (2) A vessel may request the permis- baseline at position 28°26′ N, 080°34.4′ W. sion of the COTP or a designated rep- (4) Zone (D) is defined by four lati- resentative to enter the security zone tude and longitude corner points. Zone described in paragraph (c) of this sec- D originates from the baseline at position. If permitted to enter the security tion 28°31.6′ N, 080°34′ W; then proceeds zone, a vessel must proceed at the min- east to 28°31.6′ N, 080°20.1′ W; then pro- imum safe speed and must comply with ceeds south to 28°16.7′ N, 080°23.3′ W;

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then proceeds northwest back to the Point 3 at 18°27′35″ N, 066°06′52″ W; then baseline at position 28°21.6′ N, 080°36.1′ southwest to Point 4 at 18°27′30″ N, W. 066°06′59″ W; then northeast to Point 5 (b) Definitions. The following defini- at 18°27′25″ N, 066°07′07″ W; then north to tions apply to this section: Point 6 at 18°27′46″ N, 066°07′10″ W; then Designated representative means Coast back to shore at the northwest end of Guard Patrol Commanders including the CG facility at Point 7 at 18°27′46″ N, Coast Guard coxswains, petty officers 066°07′07″ W. These coordinates are and other officers operating Coast based upon North American Datum Guard vessels, and federal, state, and 1983. local officers designated by or assisting (b) Definitions. As used in this sec- the Captain of the Port (COTP) Jack- tion— sonville in the enforcement of regu- Vessel means every description of lated navigation areas, safety zones, watercraft or other artificial contriv- and security zones. ance used, or capable of being used, as (c) Regulations. In accordance with a means of transportation on water, ex- the general regulations in § 165.23 of cept U.S. Coast Guard or U.S. naval this part, anchoring, mooring or vessels. transiting in this zone is prohibited un- (c) Regulations. (1) No person or vessel less authorized by the Coast Guard may enter into the security zone de- Captain of the Port Jacksonville or his scribed in paragraph (a) of this section designated representative. unless authorized by the Captain of the (d) Notice of a safety zone. The pro- Port San Juan. posed safety zones are temporary in nature and will only be enacted and en- (2) Vessels seeking to enter the secu- forced prior to, and just after a suc- rity zone established in this section cessful launch. The COTP will inform may contact the COTP on VHF channel the public of the existence or status of 16 or by telephone at (787) 289–2041 to the safety zone(s) by Broadcast Notice request permission. to Mariners on VHF–FM channel 16, [USCG–2008–0440, 74 FR 9769, Mar. 6, 2009] Public Notice, on-scene presence, and by the display of a yellow ball from a § 165.777 Security Zone; West Basin, 90-foot pole near the shoreline at ap- Port Canaveral Harbor, Cape Ca- proximately 28°35′00″ N, 080°34′36″ W, naveral, Florida. and from a 90-foot pole near the shore- (a) Regulated area. The following area line at approximately 28°25′18″ N, is a security zone: All waters of the 080°35′00″ W. Coast Guard assets or West Basin of Port Canaveral Harbor other Federal, State, or local law en- northwest of an imaginary line be- forcement assets will be clearly identi- tween two points: 28°24′57.88″ N, fied by lights, markings, or with agen- 080°37′25.69″ W to 28°24′37.48″ N, cy insignia. 080°37′34.03″ W. (e) Contact information. The COTP (b) Requirement. (1) This security zone Jacksonville may be reached by tele- will be activated 4 hours prior to the phone at (904) 564–7513. Any on-scene scheduled arrival of a cruise ship at the Coast Guard or designated representa- West Basin of Port Canaveral Harbor tive assets may be reached on VHF–FM during MARSEC Levels 2 and 3 or when channel 16. the COTP determines there is a speci- [USCG–2008–0411, 74 FR 14728, Apr. 1, 2009] fied credible threat during MARSEC Level 1. This security zone will not be § 165.776 Security Zone; Coast Guard deactivated until the departure of all Base San Juan, San Juan Harbor, cruise ships from the West Basin. The Puerto Rico zone is subject to enforcement when it (a) Location. The following area is a is activated. security zone: All waters from surface (2) Under general security zone regu- to bottom, encompassed by an imagi- lations of 33 CFR 165.33, no vessel or nary line connecting the following person may enter or navigate within points, beginning at 18°27′39″ N, the regulated area unless specifically 066°06′56″ W; then east to Point 2 at authorized by the COTP or the COTP’s 18°27′39″ N, 066°06′52″ W; then south to designated representative. Any person

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or vessel authorized to enter the secu- Light located in position 18°13′12″ N rity zone must operate in strict con- 067°10′46″ W. The zone is deactivated formance with any direction given by when a cruise ship departs the Port of the COTP or a designated representa- Mayaguez and is no longer within 1 tive and leave the security zone imme- nautical mile of the Bahia de Maya- diately if so ordered. guez Range Front Light. (3) The public will be notified when (b) Definitions. As used in this sec- the security zone is activated by the tion: display of a red ball on a 50-foot pole Cruise ship means any vessel over 100 located at the east end of Cruise Ship gross registered tons, carrying more terminal 10. This red ball will be low- than 12 passengers for hire. ered when the security zone is deacti- Designated representative means Coast vated. To ensure boaters are given suf- Guard Patrol Commanders including ficient knowledge of the security zone, Coast Guard coxswains, petty officers the Coast Guard will continuously and other officers operating Coast broadcast the activations of the zone Guard vessels and Federal, State, and and law enforcement vessels will be on local officers designated by or assisting scene to inform boaters that the zone the Captain of the Port San Juan in has been activated. Vessels encroach- the enforcement of the security zone. ing on the security zone will be issued Vessel means every description of a Public Notice which clearly states watercraft or other artificial contriv- the location of the security zone and ance used, or capable of being used, as the times it will be enforced. This will a means of transportation on water, ex- be the boater’s first warning prior to cept U.S. Coast Guard or U.S. Naval enforcement action being taken. (c) Definitions. The following defini- vessels and servicing pilot and tug tion applies to this section: boats. Designated representative means Coast (c) Regulations. (1) No person or vessel Guard Patrol Commanders including may enter into the security zone under Coast Guard coxswains, petty officers this section unless authorized by the and other officers operating Coast Captain of the Port San Juan. Guard vessels, and federal, state, and (2) Vessels seeking to enter a secu- local law enforcement officers des- rity zone established in this section, ignated by or assisting the COTP in the may contact the COTP on VHF channel enforcement of the security zone. 16 or by telephone at (787) 289–2041 to (d) Captain of the Port contact informa- request permission. tion. If you have questions about this (3) All persons and vessels granted regulation, please contact the Sector permission to enter the security zone Command Center at (904) 564–7513. must comply with the orders of the (e) Enforcement periods. This section Captain of the Port San Juan and des- will only be subject to enforcement ignated on-scene U.S. Coast Guard pa- when the security zone described in trol personnel. On-scene U.S. Coast paragraph (a) is activated as specified Guard patrol personnel include com- in paragraph (b)(1) of this section. missioned, warrant, and petty officers of the U.S. Coast Guard. [USCG–2008–0752, 74 FR 15856, Apr. 8, 2009] (d) Effective period. This section is ef- § 165.778 Security Zone; Port of Maya- fective on April 29, 2009. guez, Puerto Rico. [USCG–2008–0070, 74 FR 14049, Mar. 30, 2009] (a) Security zone. A moving and fixed security zone is established around all EIGHTH COAST GUARD DISTRICT cruise ships entering, departing, mooring, or anchoring in the Port of Maya- § 165.T08–290 Safety Zone; Gulf of Mex- guez, Puerto Rico. The regulated area ico—Johns Pass, Florida. includes all waters from surface to bot- (a) Regulated area. The Coast Guard is tom within a 50-yard radius of the ves- establishing a temporary safety zone sel. The zone is activated when a cruise on the waters of the Gulf of Mexico, ship on approach to the Port of Maya- Florida, in the vicinity of the John’s guez enters within 1 nautical mile of Pass Bridge, that includes all the wa- the Bahia de Mayaguez Range Front ters from surface to bottom, within a

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100-yard radius of the following coordi- River Overbank structure; thence nates: 27°46′58″ N, 082°46′57″ W. All co- along a line to the Black Hawk Point ordinates referenced use datum: NAD Light. 83. (b) Any vessel desiring to enter this (b) Definitions. The following defini- safety zone must first obtain permis- tion applies to this section: sion from the Captain of the Port, New Designated representative means Coast Orleans. The resident engineer at Old Guard Patrol Commanders including River Control Structure (WUG–424) is Coast Guard coxswains, petty officers delegated the authority to permit and other officers operating Coast entry into this safety zone. Guard vessels, and federal, state, and local officers designated by or assisting [CGD8–87–10, 53 FR 15207, Apr. 28, 1988, as the Captain of the Port (COTP) St. Pe- amended by CGD8 89–03, 54 FR 16108, Apr. 21, tersburg, Florida, in the enforcement 1989] of regulated navigation areas and safe- § 165.803 Mississippi River—regulated ty and security zones. navigation area. (c) Regulations. In accordance with the general regulations in § 165.23 of The following is a Regulated Naviga- this part, no person or vessel may an- tion Area—The waters of the Mis- chor, moor or transit the Regulated sissippi River between miles 88 and 240 Area without the prior permission of above Head of Passes. the Captain of the Port St. Petersburg, (a) Definitions. As used in this sec- Florida, or a designated representative. tion: (d) Dates. This rule is effective until (1) Breakaway means a barge that is the bridge construction is completed adrift and is not under the control of a tentatively scheduled for July 2010. towing vessel. (e) Enforcement. This regulated area (2) COTP means the Captain of the will only be enforced while construc- Port, New Orleans. tion operations are taking place. The (3) Fleet includes one or more tiers. Coast Guard does not know the exact (4) Fleeting facility means the geo- dates of the construction operations at graphic area along or near a river bank this time, however Sector St. Peters- at which a barge mooring service, ei- burg will announce each enforcement ther for hire or not for hire, is estab- period by publishing the restriction in lished. the local notice to mariners and (5) Mooring barge or spar barge means issuing Broadcast Notice to Mariners a barge moored to mooring devices and 24 to 48 hours prior to the start of en- to which other barges may be moored. forcement. Additionally, on-scene no- (6) Mooring device includes a tice will be provided by Coast Guard or deadman, anchor, pile or other reliable other local law enforcement maritime units enforcing the safety zone. holding apparatus. (7) Person in charge includes any EFFECTIVE DATE NOTE: By USCG–2008–0290, owner, agent, pilot, master, officer, op- 73 FR 51942, Sept. 8, 2008, temporary § 165.T08– erator, crewmember, supervisor, dis- 290 was added, effective Aug. 29, 2008 through patcher or other person navigating, Aug. 30, 2010. controlling, directing or otherwise re- § 165.802 Lower Mississippi River, vi- sponsible for the movement, action, se- cinity of Old River Control Struc- curing, or security of any vessel, barge, ture—Safety Zone. tier, fleet or fleeting facility subject to (a) The area enclosed by the fol- the regulations in this section. lowing boundary is a safety zone—from (8) Tier means barges moored inter- the Black Hawk Point Light, mile 316.1 dependently in rows or groups. AHP LMR to a point opposite Ft. (b) Waivers: (1) The COTP may, upon Adams Light, mile 311.5 AHP along the written request, except as allowed in low water reference plane above the paragraph (3) of this subsection, waive right descending bank; thence to the any regulation in this section if it is levee on a line perpendicular to the found that the proposed operation can channel centerline; thence along the be conducted safely under the terms of levee to the upstream end of the Old that waiver.

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(2) Each written request for a waiver upstream end of a barge and a mooring must state the need for the waiver and device must be at least equivalent in describe the proposed operation. strength to 11⁄4 inch diameter wire (3) Under unusual circumstances due rope. to time constraints, the person in (4) Each wire rope used between the charge may orally request an imme- downstream end of a barge and a moor- diate waiver from the COTP. The writing device must have at least a diame- ten request for a waiver must be sub- ter of 7⁄8 inch. Chain or line used be- mitted within five working days after tween the downstream end of a barge the oral request. and a mooring device must be of at (4) The COTP may, at any time, ter- least equivalent strength of 7⁄8 inch di- minate any waiver issued under this ameter wire rope. subsection. (f) Moorings: Barge-to-barge; barge- (c) Emergencies. In an emergency, a to-vessel; barge-to-wharf or pier. The person may depart from any regulation person in charge shall ensure that a in this section to the extent necessary barge moored to another barge, a to avoid immediate danger to persons, mooring or spar barge, a vessel, a property or the environment. wharf, or a pier, is secured as near as (d) Mooring: General. (1) No person practicable to each abutting corner of may secure a barge to trees or to other the barge being moored by: vegetation. (1) Three parts of wire rope of at (2) No person may allow a barge to be least 7⁄8 inch diameter with an eye at moored with unraveled or frayed lines each end of the rope passed around the or other defective or worn mooring. timberhead, caval, or button; (3) No person may moor barges side (2) A mooring of natural or synthetic to side unless they are secured to each fiber rope that has at least 75 percent other from fittings as close to each cor- of the breaking strength of three parts ner of abutting sides as practicable. of 7⁄8 inch diameter wire rope; or (4) No person may moor barges end to (3) Fixed rigging that is at least end unless they are secured to each 7 other from fittings as close to each cor- equivalent to three parts of ⁄8 inch di- ner of abutting ends as practicable. ameter wire rope. (e) Mooring to a mooring device. (1) A (g) Mooring: Person in charge. (1) The barge may be moored to mooring de- person in charge of a barge, tier, fleet vices if the upstream end of that barge or fleeting facility shall ensure that is secured to at least one mooring de- the barge, tier, fleet or fleeting facility vice and the downstream end is secured meets the requirements in paragraphs to at least one other mooring device, (d) and (e) of this section. except that from mile 127 to mile 240 a (2) The person in charge shall ensure barge may be moored to mooring de- that all mooring devices, wires, chains, vices if the upstream end of that barge lines and connecting gear are of suffi- is secured to at least one mooring de- cient strength and in sufficient number vice. to withstand forces that may be ex- (2) Barges moored in tiers may be erted on them by moored barges. shifted to mooring devices if the shore- (h) Fleeting facility: inspection of moor- ward barge at the upstream end of the ings. (1) The person in charge of a fleet- tier is secured to at least one mooring ing facility shall assign a person to in- device, and the shoreward barge at the spect moorings in accordance with the downstream end of the tier is secured requirements in paragraph (h)(2) of this to at least one other mooring device, section. except that from mile 127 to mile 240 (2) The person assigned to inspect barges moored in tiers may be shifted moorings shall inspect: to mooring devices if the shoreward (i) At least twice each day during pe- barge at the upstream end of the tier is riods that are six hours or more apart, secured to at least one mooring device. each mooring wire, chain, line and con- (3) Each wire rope used between the necting gear between mooring devices upstream end of a barge and a mooring and each wire, line and connecting device must have at least a diameter of equipment used to moor each barge; 11⁄4 inch. Chain or line used between the and

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(ii) After a towboat adds barges to, (2) Report each breakaway as soon as withdraws barges from, or moves possible to the COTP by telephone, barges at a fleeting facility, each radio or other means of rapid commu- mooring wire, line, and connecting nication. equipment of each barge within each (m) High water. (1) This subsection tier affected by that operation. applies to barges on the Mississippi (3) The person who inspects moorings River between miles 88 and 240 above shall take immediate action to correct Head of Passes when: each deficiency. (i) The Carrollton gage stands 12 feet (i) Fleeting facility: Records. The per- or more; or son in charge of a fleeting facility shall (ii) The Carrollton gage stands 10 maintain, and make available to the feet, the U.S. Army Corps of Engineers Coast Guard, records containing the forecasts the Mississippi River is rising following information: to 12 feet, and the District Commander (1) The time of commencement and determines these circumstances to be termination of each inspection re- especially hazardous and issues orders quired in paragraph (h)(2) of this sec- directing that paragraphs (m)(2) and (3) tion. of this section are in effect. (2) The name of each person who (2) During high water, the person in makes the inspection required in para- charge of a fleeting facility shall en- graph (h)(2) of this section. sure compliance with the following re- (3) The identification of each barge quirements: entering and departing the fleeting facility, along with the following infor- (i) Each fleet consisting of eight or mation: more barges must be attended by at (i) Date and time of entry and depar- last one radar-equipped towboat for ture; and each 100 barges or less. Joint use of (ii) The names of any hazardous this towboat by adjacent facilities may cargo which the barge is carrying. be considered upon submission of a detailed proposal for a waiver. NOTE: The requirements in paragraph (i)(3) (ii) Each fleet must have two or more of this section for the listing of hazardous towboats in attendance when: cargo refer to cargoes regulated by Sub- chapters D and O of Chapter I, Title 46, Code (A) Barges are withdrawn from or of Federal Regulations. moved within the fleet and the fleet at the start of the operation contains (j) Fleeting facility: Surveillance. (1) eight or more barges; or The person in charge of a fleeting facil- (B) Barges are added to the fleet and ity shall assign a person to be in con- the number of barges being added plus tinuous surveillance and to observe the the fleet at the start of the operation barges in the fleeting facility. Joint total eight or more. use of this person by adjacent facilities (iii) Each towboat required in para- may be considered upon submisssion of graphs (m)(2)(i) and (2)(ii) of this sec- a detailed proposal for a waiver to the tion must be: COTP. (2) The person who observes the (A) Capable of safely withdrawing, barges shall: moving or adding each barge in the (i) Inspect for movements that are fleet; unusual for properly secured barges; (B) Immediately operational; and (C) Radio-equipped; (ii) Take immediate action to correct (D) Within 500 yards of the barges; each deficiency. and (k) Fleeting facility: person in charge. (iv) The person in charge of each The person in charge of a fleeting facil- towboat required in paragraphs ity shall ensure that each deficiency (m)(2)(i) and (2)(ii) of this section shall found under the requirements of para- maintain: graph (h) or (j) of this section is cor- (A) A continuous guard on the fre- rected. quency specified by current Federal (l) Securing breakaways. The person in Communications Commission regula- charge shall take immediate action to: tions found in Part 83 of Title 47, Code (1) Secure each breakaway; and of Federal Regulations; and

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(B) When moored, a continuous gency via the most rapid means avail- watch on the barges in the fleeting fa- able. cility. [CGD 79–034, 47 FR 29660, July 8, 1982, as (v) During periods when visibility is amended by USCG–2000–7223, 65 FR 40058, less than 200 yards, the person in June 29, 2000] charge of each towboat required in paragraph (m)(2)(i) of this subsection § 165.805 Security Zones; Calcasieu shall maintain, when moored, a contin- River and Ship Channel, Louisiana. uous radar surveillance of the barges (a) Location. (1) The following areas moored in the fleeting facility. are designated as fixed security zones (3) During high water when visibility (all coordinates are based upon North is reduced to less than 200 yards: American Datum of 1983 [NAD 83]): (i) Tows may not be assembled or dis- (i) Trunkline LNG basin. All waters assembled; encompassed by a line connecting the (ii) No barge may be added to, with- following points, beginning at 30°06′36″ drawn from or moved within a fleet ex- N, 93°17′36″ W, south to a point 30°06′33″ cept: N, 93°17′36″ W, east to a point 30°06′30″ (A) A single barge may be added to or N, 93°17′02″ W, north to a point 30°06′33″ withdrawn from the channelward or N, 93°17′01″ W, then tracing the shore- downstream end of the fleet; and line along the water’s edge to the point (B) Barges made up in a tow may de- of origin. part a fleet from the channelward or (ii) Cameron LNG basin. All waters en- downstream end of the fleet; and compassed by a line connecting the fol- (iii) No person in charge of a tow ar- lowing points, beginning at 30°02′33″ N, riving in this regulated navigation area 093°19′53″ W, east to a point at 30°02′34″ may moor unless the COTP is notified N, 093°19′50″ W, south to a point at prior to arrival in the regulated navi- 30°02′10″ N, 093°19′52″ W and west to a gation area. point at 30°02′10″ N, 93°19′59″ W, then [CGD 79–034, 47 FR 29660, July 8, 1982, as tracing the shoreline along the water’s amended by CGD 82–020, 47 FR 35483, Aug. 16, edge to the point of origin. 1982; CGD 79–026, 48 FR 35408, Aug. 4, 1983; (iii) PPG Industries basin. All waters CGD 88–075, 54 FR 14958, Apr. 14, 1989; CGD08– encompassed by a line connecting the 94–006, 59 FR 21935, Apr. 28, 1994; CGD08–94– following points: Beginning at 30°13′29″ 006, 60 FR 37944, July 25, 1995] N, 93°16′34″ W, southwest to a point at 30°13′11″ N, 93°16′51″ W, then proceeding § 165.804 Snake Island, Texas City, southerly following 100 feet off the Texas; mooring and fleeting of ves- ° ′ ″ sels—safety zone. shoreline to a point at 30 12 57.2 N, 93°16′53.2″ W, then east to a point at (a) The following is a safety zone: 30°12′57.2″ N, 93°16′50.6″ W then south- (1) The west and northwest shores of erly to a point at 30°12′47.7″ N, Snake Island; 93°16′50.3″ W then west to the shoreline (2) The Turning Basin west of Snake and then following along the water’s Island; edge to the point of origin. (3) The area of Texas City Channel (2) The following areas are moving from the north end of the Turning security zones: All waters within the Basin to a line drawn 000° true from the Captain of the Port, Port Arthur zone northwesternmost point of Snake Is- commencing at U.S. territorial waters land. and extending channel edge to channel (b) Special regulations. All vessels are edge on the Calcasieu Channel and prohibited from mooring, anchoring, or shoreline to shoreline on the Calcasieu otherwise stopping in the safety zone, River, 2 miles ahead and 1 mile astern except in case of an emergency. of certain designated vessels while in (c) Barges are prohibited from fleet- transit. Meeting, crossing or over- ing or grounding in the zone. taking situations are not permitted (d) In an emergency, vessels shall ad- within the security zone unless specifi- vise the Captain of the Port, Houston- cally authorized by the Captain of the Galveston, of the nature of the emer- Port. Coast Guard patrol assets will be

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on scene with flashing blue lights ener- of the U.S. Coast Guard. Designated gized when the moving security zones representatives include federal, state, are in effect. local and municipal law enforcement (b) Regulations. (1) Entry into or re- agencies. maining in a fixed zone described in (c) Informational broadcasts: The Cap- paragraph (a)(1) of this section is pro- tain of the Port, Port Arthur will in- hibited for all vessels except: form the public when moving security (i) Commercial vessels operating at zones have been established around waterfront facilities within these vessels via Broadcast Notices to Mari- zones; ners and written notice provided by es- (ii) Commercial vessels transiting di- cort vessels. rectly to or from waterfront facilities within these zones; [USCG–2009–0317, 75 FR 18757, Apr. 13, 2010] (iii) Vessels providing direct operational or logistical support to com- § 165.806 Sabine Neches Waterway, mercial vessels within these zones; Texas—regulated navigation area. (iv) Vessels operated by the appro- (a) The following is a regulated navi- priate port authority or by facilities gation area—The Sabine Neches Water- located within these zones; and way which includes the following wa- (v) Vessels operated by federal, state, ters: Sabine Pass Channel, Port Arthur county, or municipal agencies. Canal, Sabine Neches Canal, Neches (2) Entry into or remaining in mov- River, Sabine River and all navigable ing zones described in paragraph (a)(2) waterways tributary thereto. of this section is prohibited for all ves- (b) Unless otherwise authorized by sels except: the Captain of the Port, Port Arthur, (i) Moored vessels or vessels anchored Texas, tows on a hawser of 1000 gross in a designated anchorage area. A tons or greater transiting the Sabine- moored or an anchored vessel in a security zone described in paragraph (a)(2) Neches Waterway are prohibited unless of this section must remain moored or such tows have a tug of sufficient anchored unless it obtains permission horsepower made up to the tow in such from the Captain of the Port to do oth- a manner as to insure that complete erwise; and effective control is maintained (ii) Commercial vessels operating at throughout the transit. Inbound vessels waterfront facilities located within the only, may shift the tow or pick up an zone; additional tug within 100 yards inside (iii) Vessels providing direct oper- the entrance jetties provided that such ational support to commercial vessels action is necessary for reasons of pru- within a moving security zone; dent seamanship. (iv) Vessels operated by federal, [CGD8–83–09, 49 FR 35500, Sept. 10, 1984] state, county, or municipal agencies. (3) Other persons or vessels requiring § 165.807 Calcasieu River, Louisiana— entry into security zones described in regulated navigation area. this section must request permission from the Captain of the Port, Port Ar- (a) The following is a regulated navi- thur or designated representatives. gation area—The Calcasieu River from (4) To request permission as required the Calcasieu jetties up to and includ- by these regulations, contact Marine ing the Port of Lake Charles. Safety Unit Lake Charles at (337) 491– (b) Unless otherwise authorized by 7800 or the on scene patrol vessel. the Captain of the Port, Port Arthur, (5) All persons and vessels within a Texas, tows on a hawser of 1000 gross security zone described in this section tons or greater transiting the must comply with the instructions of Calcasieu River are prohibited unless the Captain of the Port, Port Arthur, such tows have a tug of sufficient designated on-scene U.S. Coast Guard horsepower made up to the tow in such patrol personnel or other designated a manner as to insure that complete representatives. On-scene U.S. Coast and effective control is maintained at Guard patrol personnel include com- all times. Inbound vessels only, may missioned, warrant, and petty officers shift the tow or pick up an additional

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

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

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NOTE: Telephone numbers of both signal (5) When navigating South Pass dur- towers will be published in navigation bul- ing periods of darkness no tow shall letins in advance of each operating period. consist of more than one towed vessel (4) Minor changes. The District Com- other than small craft, and during day- mander is authorized to waive oper- light hours no tow shall consist of ation or suspension of the lights when- more than two towed vessels other ever prospective river stages make it than small craft. Tows may be in any appear that the operation or suspen- formation. When towing on a hawser, sion will be required for only a brief pe- the hawser shall be as short as prac- riod of time or when river stages will ticable to provide full control at all rise or fall below the critical stage times. which is established for operation or (6) When towing in Southwest Pass suspension by only a few tenths on the during periods of darkness no tow shall Carrollton Gage. consist of more than two towed vessels (5) Underpowered vessels. When the other than small craft, and during day- Carrollton Gage reads 12 feet or higher, light hours no tow shall consist of more than three towed vessels other any vessel which is considered by the than small craft. master or pilot as being underpowered (e) Watch requirements for anchored or a poor handler shall not navigate and moored passenger vessels. around Algiers Point without the as- (1) Passenger vessels. Except as pro- sistance of a tug or tugs. vided in paragraph (e)(2) of this sec- (6) Towing. When the Carrollton Gage tion, each passenger vessel with one or reads 12 feet or higher, towing on a more passengers on board, must— hawser in a downstream direction be- (i) Keep a continuously manned pilot- tween Julia Street and Desire Street is house; and prohibited except by special permission (ii) Monitor river activities and ma- of the District Commander. rine VHF, emergency and working fre- (d) Navigation of South and South- quencies of the port, so as to be imme- west Passes. diately available to take necessary ac- (1) No vessel, except small craft and tion to protect the vessel, crew, and towboats and tugs without tows, shall passengers if an emergency radio enter either South Pass or Southwest broadcast, danger signal, or visual or Pass from the Gulf until after any de- other indication of a problem is re- scending vessel which has approached ceived or detected. within two and one-half (21⁄2) miles of (2) Each ferryboat, and each small the outer end of the jetties and visible passenger vessel to which 46 CFR to the ascending vessel shall have 175.110 applies, may monitor river ac- passed to sea. tivities using a portable radio from a (2) No vessel having a speed of less vantage point other than the pilot- than ten mph shall enter South Pass house. from the Gulf when the stage of the (f) Each self-propelled vessel of 1,600 Mississippi River exceeds 15 feet on the or more gross tons subject to 33 CFR Carrollton Gage at New Orleans. This part 164 shall also comply with the fol- paragraph does not apply when South- lowing: west Pass is closed to navigation. (1) While under way in the RNA, each (3) No vessel, except small craft and vessel must have an engineering watch towboats and tugs without tows, as- capable of monitoring the propulsion cending South Pass shall pass Franks system, communicating with the Crossing Light until after a descending bridge, and implementing manual-con- vessel shall have passed Depot Point trol measures immediately when nec- Light. essary. The watch must be physically (4) No vessel, except small craft and present in the machinery spaces or in towboats and tugs without tows, shall the machinery-control spaces and must enter the channel at the head of South consist of at least an appropriately li- Pass until after an ascending vessel censed or credentialed engineer officer. which has reached Franks Crossing (2) Before embarking a pilot when en- Light shall have passed through into tering or getting under way in the the river. RNA, the master of each vessel shall

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ensure that the vessel is in compliance andotte Chemical Dock Lights, de- with 33 CFR part 164. scending vessels shall contact VTC (3) The master shall ensure that the New Orleans and provide a follow-on chief engineer has certified that the position check. At both check-in and following additional operating condi- follow-on position check VTC New Or- tions will be satisfied so long as the leans will advise the vessel on traffic vessel is under way within the RNA: approaching Eighty-One Mile Point. (i) The main propulsion plant is in all (3) All vessels getting underway be- respects ready for operations including tween miles 167.5 and 187.9 must check- the main-propulsion air-start systems, in with VTC New Orleans on VHF fuel systems, lubricating systems, cool- Channel 63A immediately prior to get- ing systems, and automation systems; ting underway and must comply with (ii) Cooling, lubricating, and fuel-oil the respective ascending and descend- systems are at proper operating tem- ing check-in and follow-on points listed peratures; in paragraphs (g)(1) and (g)(2) above. (iii) Main propulsion machinery is (4) Fleet vessels must check-in with available to immediately respond to VTC New Orleans if they leave their re- the full range of maneuvering com- spective fleet or if they move into the mands any load-limiting programs or main channel. Fleet vessels are not re- automatic acceleration-limiting pro- quired to check-in if they are operating grams that would limit the speed of re- exclusively within their fleet. sponse to engine orders beyond that needed to prevent immediate damage (Sec. 104, Pub. L. 92–340, 86 Stat. 424 (33 U.S.C. 1224); sec. 2, Pub. L. 95–474, 92 Stat. to the propulsion machinery are capa- 1471 (33 U.S.C. 1223); 49 CFR 1.46(n)(4)) ble of being overridden immediately. (iv) Main-propulsion standby systems [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as are ready to be immediately placed in amended by CGD 78–080, 44 FR 47933, Aug. 16, 1979; CGD 86–049, 51 FR 27840, Aug. 4, 1986. Re- service. designated by CGD 90–020, 59 FR 36324, July (g) Movement of vessels in the vicinity 15, 1994; CGD 95–033, 60 FR 28333, May 31, 1995; of Eighty-One Mile Point, Geary LA mm CCGD08–97–020, 62 FR 58653, Oct. 30, 1997; 64 167.5–187.9 LMR. (1) Prior to proceeding FR 18813, Apr. 16, 1999; CGD08–07–007, 72 FR upriver past MM 167.5, LMR, Sunshine 41625, July 31, 2007; USCG–2006–24371, 74 FR Bridge, vessels shall contact Vessel 11213, Mar. 16, 2009] Traffic Center (VTC) New Orleans on VHF Channel 63A to check-in. Vessels § 165.811 Atchafalaya River, Berwick must provide name, destination, con- Bay, LA-regulated navigation area. firm proper operation of their auto- (a) The following is a regulated navi- mated identification system (AIS) if gation area: the waters of the required under 33 CFR 164.46 and, if ap- Atchafalaya River in Berwick Bay plicable, size of tow and number of bounded on the northside from 2,000 loaded and empty barges. At MM 173.7, yards north of the U.S. 90 Highway LMR, Bringier Point Light, ascending Bridge and on the southside from 4,000 vessels shall contact VTC New Orleans yards south of the Southern Pacific and provide a follow-on position check. Railroad (SPRR) Bridge. At both check-in and follow-on posi- (b) Within the regulated navigation tion check, VTC New Orleans will ad- area described in paragraph (a) of this vise the vessel on traffic approaching section, § 161.40 of this chapter estab- Eighty-One Mile Point. lishes a VTS Special Area for waters (2) Prior to proceeding downriver within a 1000 yard radius of the SPRR past MM 187.9, LMR, COS-MAR Lights, Bridge. vessels shall contact Vessel Traffic (c) When the Morgan City River Center (VTC) New Orleans on VHF gauge reads 3.0 feet or above mean sea Channel 63A to check-in. Vessels must level, in addition to the requirements provide name, destination, confirm set forth in § 161.13 of this chapter, the proper operation of their automated requirements of paragraph (d) and (e) identification system (AIS) if required of this section apply to a towing vessel under 33 CFR 164.46 and, if applicable, which will navigate: size of tow and number of loaded and (1) under the lift span of the SPRR empty barges. At MM 183.9 LMR, Wy- Bridge; or

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

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(5) To request permission as required (iii) Moored vessels or vessels an- by these regulations contact ‘‘New Or- chored in a designated anchorage area leans Traffic’’ via VHF Channels 13/67 are permitted to remain within 100 or via phone at (504) 589–2780 or (504) yards of a cruise ship while it is in 589–6261. transit. (6) All persons and vessels within the (2) Vessels requiring entry within 500 moving security zones shall comply yards of a cruise ship that cannot slow with the instructions of the Captain of to the minimum speed necessary to the Port New Orleans and designated maintain a safe course must request on-scene U.S. Coast Guard patrol per- express permission to proceed from the sonnel. On-scene U.S. Coast Guard pa- Captain of the Port Houston-Gal- trol personnel include commissioned, veston, or his designated representa- warrant, and petty officers of the U.S. tive. Coast Guard. (3) For the purpose of this section the (c) Authority. In addition to 33 U.S.C. term ‘‘cruise ship’’ is defined as a pas- 1231, the authority for this section in- senger vessel over 100 gross tons, car- cludes 33 U.S.C. 1226. rying more than 12 passengers for hire, making a voyage lasting more than 24 [COTP New Orleans–02–005, 67 FR 61989, Oct. hours, any part of which is on the high 3, 2002] seas, and for which passengers are embarked or disembarked in the United § 165.813 Security Zones; Ports of States or its territories. Houston and Galveston, TX. (4) The Captain of the Port Houston- (a) Location. Within the Ports of Galveston will inform the public of the Houston and Galveston, Texas, moving moving security zones around cruise security zones are established encom- ships via Marine Safety Information passing all waters within 500 yards of a Broadcasts. cruise ship between Galveston Bay Ap- (5) To request permission as required proach Lighted Buoy ‘‘GB’’, at approxi- by these regulations contact ‘‘Houston mate position 29°21′18″ N, 94°37′36″ W Traffic’’ via VHF Channels 11/12 or via [NAD 83] and up to, and including, phone at (713) 671–5103. Barbours Cut. These zones remain in (6) All persons and vessels within the effect during the inbound and outbound moving security zone shall comply entire transit of the cruise ship and with the instructions of the Captain of continues while the cruise ship is the Port Houston-Galveston and des- moored or anchored. ignated on-scene U.S. Coast Guard pa- (b) Regulations. (1) Entry of vessels or trol personnel. On-scene U.S. Coast persons into these zones is prohibited Guard patrol personnel include com- unless authorized as follows. missioned, warrant, and petty officers (i) Vessels may enter within 500 yards of the U.S. Coast Guard. but not closer than 100 yards of a cruise (c) Authority. In addition to 33 U.S.C. ship provided they operate at the min- 1231, the authority for this section in- imum speed necessary to maintain a cludes 33 U.S.C. 1226. safe course. [COTP Houston-Galveston–02–010, 67 FR (ii) No person or vessel may enter 64048, Oct. 17, 2002] within 100 yards of a cruise ship unless expressly authorized by the Coast § 165.814 Security Zones; Captain of Guard Captain of the Port Houston- the Port Houston-Galveston Zone. Galveston. Where the Houston Ship (a) Location. The following areas are Channel narrows to 400 feet or less be- designated as security zones: tween Houston Ship Channel Entrance (1) Houston, Texas. The Houston Ship Lighted Bell Buoy ‘‘18’’, light list no. Channel and all associated turning ba- 34385 at approximately 29°21′06″ N, sins, bounded by a line drawn between 94°47′00″ W [NAD 83] and Barbours Cut, Houston Ship Channel Light 132 the Captain of the Port Houston-Gal- (LLNR–24445) and Houston Ship Chan- veston may permit vessels that must nel Light 133 (LLNR–24450) west to the transit the navigable channel between T & N Rail Road Swing Bridge at the these points to enter within 100 yards entrance to Buffalo Bayou, including of a cruise ship. all waters adjacent to the ship channel

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from shoreline to shoreline and the 095°19.77′ W, extending west to a point first 200 yards of connecting water- on shore at Latitude 28°56.19′ N, Lon- ways. gitude 095°20.07′ W (NAD 1983). (2) Morgan’s Point, Texas. The (vi) The Freeport LNG Basin con- Barbours Cut Ship Channel and Turn- taining all waters shoreward of a line ing Basin containing all waters west of drawn between the eastern point at a line drawn between Junction Light latitude 28°56′25″ N, 095°18′13″ W, and the ° ′ ″ ° ′ ″ ‘‘Barbours Cut’’ 29 41 12 N, 94 59 12 W western point at 28°56′28″ N, 095°18′31″ (LLNR–23525), and Houston Ship Chan- W, east towards the jetties. nel Light 91, 29°41′00″ N, 94°59′00″ W (b) Regulations. (1) Entry of into these (LLNR–23375) (NAD 1983). zones is prohibited except for the fol- (3) Bayport, TX. The Port of Bayport, Bayport Ship Channel and Bayport lowing: Turning Basin containing all waters (i) Commercial vessels operating at south of latitude 28°36′45″ N and west of waterfront facilities within these Bayport Ship Channel Light 9 (LLNR– zones; 23295) (NAD 1983). (ii) Commercial vessels transiting di- (4) Texas City, Texas. The Port of rectly to or from waterfront facilities Texas City Channel, Turning Basin and within these zones; Industrial Canal containing all waters (iii) Vessels providing direct oper- bounded by the area south and west of ational/logistic support to commercial a line drawn from Texas City Channel vessels within these zones; Light 19 (LLNR 24810) through Cut B (iv) Vessels operated by the appro- Inner Range Front Light (LLNR 24765) priate port authority or by facilities and terminating on land in position located within these zones; and ° ′ ″ ° ′ ″ 29 23 16 N, 94 53 15 W (NAD 1983). (v) Vessels operated by federal, state, (5) Freeport, Texas. (i) The Dow Barge county, or municipal agencies. Canal, containing all waters of the Dow (2) Other persons or vessels requiring Barge Canal north of a line drawn be- entry into a zone described in this sec- tween 28°56.81′ N/095°18.33′ W and 28°56.63′ N/095°18.54′ W (NAD 1983). tion must request express permission (ii) The Brazos Harbor, containing all to enter from the Captain of the Port waters west of a line drawn between Houston-Galveston, or designated rep- 28°56.45′ N, 095°20.00′ W, and 28°56.15′ N, resentative. The Captain of the Port 095°20.00′ W (NAD 1983) at its junction Houston-Galveston’s designated rep- with the Old Brazos River. resentatives are any personnel granted (iii) The Dow Chemical plant, con- authority by the Captain of the Port taining all waters of the Brazos Point Houston-Galveston to receive, evalu- Turning Basin within 100′ of the north ate, and issue written security zone shore and bounded on the east by the entry permits, or the designated on- longitude line drawn through 28°56.58′ scene U.S. Coast Guard patrol per- N/095°18.64′ W and on the west by the sonnel described in paragraph (b)(4). longitude line drawn through 28°56.64′ (3) To request permission as required N/095°19.13′ W (NAD 1983). by these regulations contact ‘‘Houston (iv) The Seaway Teppco Facility, Traffic’’ via VHF Channels 11/12 or by containing all waters of the Brazos phone at (713) 671–5103. Port Turning Basin bounded on the (4) All persons and vessels shall com- south by the shore, the north by the ply with the instructions of the Cap- Federal Channel, on the east by the tain of the Port Houston-Galveston and longitude line running through 28°56.44′ designated on-scene U.S. Coast Guard N, 095°18.83′ W and 28°56.48′ N 095°18.83′ W and on the West by the longitude patrol personnel. On-scene U.S. Coast line running through 28°56.12′ N, Guard patrol personnel include com- 095°19.27′ W and 28°56.11′ N, 095°19.34′ W missioned, warrant, and petty officers (NAD 1983). of the U.S. Coast Guard. (v) The Conoco Phillips Facility [COTP Houston-Galveston–02–009, 67 FR docks, containing all waters within 100′ 23593, May 5, 2003, as amended by USCG–2009– of a line drawn from a point on shore 0501, 75 FR 8493, Feb. 25, 2010; USCG–2008–0124, at Latitude 28°55.96′ N, Longitude 75 FR 11002, Mar. 10, 2010]

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§ 165.815 Ohio River at Louisville, KY; departure from Murray Lock and Dam regulated navigation area. or from the mooring cells at mile 121.5 (a) The following is a regulated navi- to ensure there are no upbound vessels gation area: The waters of the Ohio within the RNA. If there is upbound River from the Clark Memorial (High- traffic within the RNA, the downbound way) Bridge at Mile 603.5, downstream vessel shall not depart until the to McAlpine Dam at Mile 604.4. upbound vessel has passed through the (b) The general regulations governing RNA. After departing, vessels will pro- regulated navigation area contained in ceed through the RNA, including all 33 CFR part 165, subpart B apply. drawbridges located therein, without (c) No pleasure or fishing craft shall delay. be operated within the regulated navi- (5) When upbound vessels reach mile gation area at any time without prior 116, they shall make a broadcast in the permission of the Captain of the Port, blind on VHF-FM channel 13 announc- Louisville, Kentucky, except in case of ing their estimated arrival time at the emergency and except for passage Rock Island Railroad Bridge at mile through McAlpine Lock. 118.2. [CGD 2–89–04, 55 FR 23203, June 7, 1990. Redes- (6) When a downbound vessel is al- ignated by CGD 96–026, 61 FR 33669, June 28, ready in the RNA, an upbound vessel 1996] shall adjust its speed so as to avoid a meeting situation in the RNA. § 165.817 Arkansas River, Mile 118.2 to 125.4, Little Rock Arkansas—regu- (d) Refer to 33 CFR 117.123 for draw- lated navigation area. bridge operation regulations. (a) Location. The following is a regu- [CGD2–90–04, 57 FR 22176, May 27, 1992. Redes- lated navigation area (RNA): The wa- ignated by CGD 96–026, 61 FR 33669, June 28, ters of the Arkansas River between 1996] mile 118.2 and mile 125.4. (b) Regulations. Transit of the RNA § 165.818 Moving Security Zones, for is limited during periods of high veloc- certain vessels in Freeport En- ity flow, defined as the flow rate of trance Channel, Freeport, Texas. 70,000 cubic feet per second or more at (a) Location. The following areas are the Murray Lock and Dam at mile security zones: All waters within the 125.4. The flow rate at this location is Captain of the Port Houston-Galveston calculated by the U.S. Army Corps of Zone commencing at U.S. territorial Engineers on a regular and routine waters through the Freeport Entrance basis. This information will be distrib- Channel, from surface to bottom, one uted by announcements by Coast thousand (1000) yards ahead and astern Guard Marine Information Broadcasts, and five hundred (500) yards on each publication in Coast Guard Local No- side of any vessel that has a moving se- tice to Mariners, and telephone or curity zone established around it. radio contact with the Lockmaster at (b) Regulations. Entry into or remain- Murray Lock and Dam. ing in the zones described in paragraph (c) Transit of the RNA during periods (a) of this section is prohibited unless of high velocity flow may only occur authorized as follows: under the following conditions: (1) Vessels may not meet or pass in (1) Moored vessels or vessels an- the RNA. chored in a designated anchorage area (2) No vessel shall anchor, stop, re- are permitted to remain moored or an- main or drift without power at any chored if they come within a security time in the RNA. zone described in paragraph (a) of this (3) All vessels shall continually mon- section. A moored or an anchored ves- itor VHF-FM channel 13 on their radio- sel in a security zone must remain telephone while in or approaching the moored or anchored unless it obtains RNA. permission from the Captain of the (4) Prior to entering the RNA, Port to do otherwise. downbound vessels shall make a broad- (2) Commercial vessels operating at cast in the blind on VHF-FM channel the waterfront facilities within these 13 announcing their estimated time of zones.

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(3) Commercial vessel transiting di- § 165.820 Security Zone; Ohio River rectly to or from waterfront facilities Mile, 34.6 to 35.1, Shippingport, within these zones. Pennsylvania. (4) Vessels providing direct oper- (a) Location. The following area is a ational/logistic support to commercial security zone: The waters of the Ohio vessels within these zones. River, extending 200 feet from the (5) Vessels operated by the port au- shoreline of the left descending bank thority or by facilities located within beginning from mile marker 34.6 and these zones. ending at mile marker 35.1. (6) Vessels operated by Federal, (b) Regulations. (1) Entry into or re- State, county, or municipal agencies. maining in this zone is prohibited un- (7) All persons and vessels within the less authorized by the Coast Guard moving security zone must comply Captain of the Port, Pittsburgh. with the instructions of the Captain of (2) Persons and vessels desiring to the Port Houston-Galveston and des- transit the area of the security zone ignated on-scene U.S. Coast Guard pa- may contact the Captain of the Port trol personnel. On-scene U.S. Coast Pittsburgh at telephone number 412– Guard patrol personnel include com- 644–5808 or on VHF channel 16 to seek missioned, warrant, and petty officers permission to transit the area. If per- of the U.S. Coast Guard. mission is granted, all persons and ves- (8) To request permission as required sels must comply with the instructions by these regulations, contact the Sec- of the Captain of the Port Pittsburgh tor Houston-Galveston Command Cen- or his designated representative. ter by telephone at (713) 671–5113. In (c) Authority. In addition to 33 U.S.C. Freeport, vessels should contact the 1231, the authority for this section in- Captain of the Port’s designated on- cludes 33 U.S.C. 1226. scene representative for the moving security zone on VHF Channel 16, or by [COTP Pittsburgh–02–005, 67 FR 40163, June 12, 2002] telephone at (979) 233–7551. (c) Certain vessel definition. For the § 165.821 Ohio River at Cincinnati, OH; purposes of this section, certain vessel regulated navigation area. means any vessel within the 12 nau- (a) Location. The following is a regu- tical mile U.S. Territorial Waters and lated navigation area (RNA)—The wa- bound for the Port of Freeport that is ters of the Ohio River between mile deemed to be in need of a moving secu- 466.0 and mile 473.0. rity zone by the Captain of the Port, (b) Activation. The restrictions in Houston-Galveston for security rea- paragraphs (c) (1) through (4) are in ef- sons. In making this determination, fect from one-half hour before sunset the Captain of the Port considers all to one-half hour after sunrise when the relevant security factors, including but Cincinnati, Ohio, Ohio River Gauge is not limited to the presence of unusu- at or above the 45 foot level. The Cap- ally harmful or hazardous substances tain of the Port, Louisville, Kentucky and the risk to population or infra- will publish a notice in the Local No- structure. tice to Mariners and will make an- (d) Informational broadcasts. The Cap- nouncements by Coast Guard Marine tain of the Port Houston-Galveston Information Broadcasts whenever the will inform the public when moving se- river level measured at the gauge acti- curity zones have been established vates or terminates the navigation re- around certain vessels via Broadcast strictions in this section. Notice to Mariners on VHF channel 16 (c) Regulations. (1) Transit through and 13. Vessels that have a moving se- the RNA by all downbound vessels tow- curity zone in place around them will ing cargoes regulated by Title 46 Code display the international signal flag or of Federal Regulations Subchapters D pennant number five. and O with a tow length exceeding 600 (e) Authority. In addition to 33 U.S.C. feet excluding the tow boat is prohib- 1231 and 50 U.S.C. 191, the authority for ited. this section includes 33 U.S.C. 1226. (2) No vessel shall loiter, anchor, [USCG–2008–0125, 75 FR 8490, Feb. 25, 2010] stop, remain or drift without power at

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any time within the navigation chan- west to 40°10′15″ N, 88°50′30″ W; thence nel of the RNA. returning north to the origin. These (3) All commercial vessels shall con- coordinates are based upon [NAD 83]. tinually monitor VHF-FM channel 13 (b) Regulations. (1) Entry into these on their radiotelephone while in or ap- security zones is prohibited unless au- proaching the RNA. thorized by the Coast Guard Captain of (4) Between Ohio River miles 464.0 the Port, St. Louis or designated rep- and 466.0, downbound vessels shall resentative. make a broadcast in the blind, on VHF- (2) The Ft. Calhoun and Cooper secu- FM channel 13 announcing their esti- rity zones include a portion of the nav- mated time of entering the RNA. igable channel of the Missouri River. [CGD02–95–003, 61 FR 2417, Jan. 26, 1996. Re- All vessels that may safely navigate designated by CGD 97–023, 62 FR 33365, June outside of the channel are prohibited 19, 1997, as amended by USCG–1998–3799, 63 from entering the security zone with- FR 35533, June 30, 1998] out the express permission of the Cap- tain of the Port St. Louis or designated § 165.825 Security Zones; Captain of representative. Vessels that are re- the Port St. Louis, Missouri. quired to use the channel for safe navi- (a) Location. The following areas are gation are authorized entry into the security zones: zone but must remain within the chan- (1) Fort Calhoun Nuclear Power Station nel unless expressly authorized by the Security Zone, Fort Calhoun, Nebraska— Captain of the Port St. Louis or des- all waters of the Missouri River, ex- ignated representative. tending 75 feet from the shoreline of (3) Persons or vessels requiring the the right descending bank beginning Captain of the Port St. Louis’ permis- from mile marker 645.6 and ending at sion to enter the security zones must mile marker 646.0. contact the Coast Guard Sector Upper (2) Cooper Nuclear Station Security Mississippi River at telephone number Zone, Brownville, Nebraska—all waters 319 524–7511 or on VHF marine channel of the Missouri River, extending 250 16 or Marine Safety Detachment Quad feet from the shoreline of the right de- Cities at telephone number 309 782–0627 scending bank beginning from mile or the Captain of the Port, St. Louis at marker 532.5 and ending at mile mark- telephone number 314 539–3091, ext. 3500 er 532.9. in order to seek permission to enter (3) Quad Cities Generating Station Se- the security zones. If permission is curity Zone, Cordova, Illinois—all waters granted, all persons and vessels must of the Upper Mississippi River, extend- comply with the instructions of the ing 300 feet from the shoreline of the Captain of the Port, St. Louis or des- left descending bank beginning from ignated representative. mile marker 506.3 and ending at mile marker 507.3. (4) Designated representatives are (4) Prairie Island Nuclear Generating commissioned, warrant, and petty offi- Facility Security Zone, Welch, Min- cers of the U.S. Coast Guard. nesota—all waters of the Upper Mis- (c) Authority. In addition to 33 U.S.C. sissippi River, extending 300 feet from 1231, the authority for this section in- the shoreline of the right descending cludes 33 U.S.C. 1226. bank beginning from mile marker 798.0 [COTP St. Louis–02–005, 67 FR 64043, Oct. 17, and ending at 798.3. 2002] (5) Clinton Power Station Security Zone, Clinton, Illinois—all waters of § 165.830 Regulated Navigation Area; Lake Clinton in Dewitt County in East Reporting Requirements for Barges Central Illinois bounded by a dam con- Loaded with Certain Dangerous structed near the confluence of Salt Cargoes, Inland Rivers, Eighth Creek River mile 56 and the north fork Coast Guard District. of Salt Creek. The zone extends out 600 (a) Regulated Navigation Area. The fol- feet from shore. Boundaries of the zone lowing waters are a regulated naviga- begin at 40°10′30″ N, 88°50′30″ W; thence tion area (RNA): the Mississippi River east to 40°10′30″ N, 88°49′55″ W; thence above mile 235.0, Above Head of Passes, south to 40°10′15″ N, 88°49′55″ W; thence including all its tributaries; the

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Atchafalaya River above mile 55.0, in- (7) Bulk liquefied chlorine gas and cluding the Red River; the Ohio River bulk liquefied gas cargo that is flam- and all its tributaries; and the Ten- mable and/or toxic and carried under 46 nessee River from its confluence with CFR 154.7. the Ohio River to mile zero on the Mo- (8) The following bulk liquids— bile River and all other tributaries be- (i) Acetone cyanohydrin, tween these two rivers. (ii) Allyl alcohol, (b) Applicability. This section applies (iii) Chlorosulfonic acid, to towing vessel operators and fleeting (iv) Crotonaldehyde, area managers responsible for CDC (v) Ethylene chlorohydrin, barges in the RNA. This section does (vi) Ethylene dibromide, not apply to: (vii) Methacrylonitrile, (1) Towing vessel operators respon- (viii) Oleum (fuming sulfuric acid), sible for barges not carrying CDCs and barges, or (ix) Propylene oxide. (2) Fleet tow boats moving one or CDC barge means a barge containing more CDC barges within a fleeting CDCs or CDC residue. area. Downbound means the tow is trav- (c) Definitions. As used in this sec- eling with the current. tion— Eighth Coast Guard District means the Coast Guard District as set out in 33 Barge means a non-self propelled ves- CFR 3.40–1. sel engaged in commerce, as set out in means any fleet, includ- 33 CFR 160.204. Fleeting area ing any facility, located within the Certain Dangerous Cargo or (CDC) in- area covered by one single port. cludes any of the following: Fleet tow boat means any size vessel (1) Division 1.1 or 1.2 explosives as de- that is used to move, transport, or defined in 49 CFR 173.50. liver a CDC barge within a fleeting (2) Division 1.5D blasting agents for area. which a permit is required under 49 Inland River Vessel Movement Center CFR 176.415 or, for which a permit is re- or (IRVMC) means the Coast Guard of- quired as a condition of a Research and fice that is responsible for collecting Special Programs Administration ex- the information required by this sec- emption. tion. (3) Division 2.3 ‘‘poisonous gas’’, as Towing vessel means any size vessel listed in 49 CFR 172.101 that is also a that is used to move, transport, or de- ‘‘material poisonous by inhalation’’ as liver a CDC barge to a fleet or facility defined in 49 CFR 171.8, and that is in a that is located in a different port than quantity in excess of 1 metric ton per where the voyage originated. barge. Towing vessel operator means the Cap- (4) Division 5.1 oxidizing materials tain or pilot who is on watch on board for which a permit is required under 49 a towing vessel. CFR 176.415 or, for which a permit is re- Upbound means the tow is traveling quired as a condition of a Research and against the current. Special Programs Administration ex- (d) Regulations. The following must emption. report to the Inland River Vessel Move- (5) A liquid material that has a pri- ment Center (IRVMC): mary or subsidiary classification of Di- (1) The towing vessel operator re- vision 6.1 ‘‘poisonous material’’ as list- sponsible for one or more CDC barges ed in 49 CFR 172.101 that is also a ‘‘main the RNA must report all the infor- terial poisonous by inhalation’’, as de- mation items specified in table fined in 49 CFR 171.8 and that is in a 165.830(f), in paragraph (f) of this sec- bulk packaging, or that is in a quan- tion, to the IRVMC: tity in excess of 20 metric tons per (i) Upon point of entry into the RNA barge when not in a bulk packaging. with one or more CDC barges; (6) Class 7, ‘‘highway route controlled (ii) Four hours before originating a quantity’’ radioactive material or voyage within the RNA with one or ‘‘fissile material, controlled ship- more CDC barges, except if the evo- ment’’, as defined in 49 CFR 173.403. lution of making up a tow with a CDC

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barge will take less than four hours be- sel operators responsible for one or fore originating a voyage, and the tow- more CDC barges in the RNA must ing vessel operator did not receive the make reports to the IRVMC at each order to make up a tow with a CDC point listed in this paragraph (e): barge in advance of four hours before (1) Lower Mississippi River (LMR), between originating the voyage with one or Mile Markers (M): more CDC barges, in which case the (i) M 235.0–240.0 (Entering & Exiting RNA) towing vessel operator shall submit the (ii) M 338.0–343.0 (iii) M 430.0–435.0 required report to the IRVMC as soon (iv) M 520.0–525.0 as possible after receiving orders to (v) M 621.0–626.0 make up a tow with one or more CDC (vi) M 695.0–700.0 barges; (vii) M 772.0–777.0 (iii) Upon dropping off one or more (viii) M 859.0–864.0 CDC barges at a fleeting area or facil- (ix) M 945.0–950.0 ity; (2) Upper Mississippi River (UMR), between (iv) Upon picking up one or more ad- Mile Markers (M) and Departing Lock & Dam (L&D), unless otherwise indicated: ditional CDC barges from a fleeting (i) L&D 3 area or facility; (ii) L&D 4 (v) At designated reporting points, (iii) L&D 8 set forth in paragraph (e) of this sec- (iv) L&D 11 tion; (v) L&D 14 (vi) When the estimated time of ar- (vi) L&D 18 rival (ETA) to a reporting point varies (vii) L&D 21 (viii) L&D 25 by 6 hours from the previously reported (ix) Arriving Melvin Price L&D ETA; (downbound) (vii) Any significant deviation from (x) Departing Melvin Price L&D (upbound) previously reported information; (xi) M 150.0–145.0 (viii) Upon departing the RNA with (xii) M 66.0–61.0 one or more CDC barges; and (3) Missouri River (MOR), between Mile (ix) When directed by the IRVMC. Markers (M): (2) The fleeting area manager respon- (i) M 54.0–56.0 (ii) M 115.0–117.0 sible for one or more CDC barges in the (iii) M 208.0–210.0 RNA must report all the information (iv) M 326.0–328.0 items specified in table 165.830(g), in (v) M 397.0–399.0 paragraph (g) of this section, to the (vi) M 487.0–489.0 IRVMC: (vii) M 572.0–574.0 (i) Once daily, report all CDC barges (viii) M 652.0–654.0 within the fleeting area; (ix) M 745.0–750.0 (ii) Upon moving one or more CDC (4) Illinois River (ILR), at Mile Marker (M) and Lock & Dam (L&D), as indicated: barges within a fleeting area by a fleet (i) M 0.0 tow boat; (ii) Departing New LaGrange L&D (iii) Any significant deviation from (iii) M 140.0 previously reported information; and (iv) M 187.2 (Entering & Exiting RNA) (iv) When directed by the IRVMC. (5) Ohio River, between Mile Markers (M) (3) Reports required by this section and at Lock & Dam (L&D), as indicated: may be made by a company representa- (i) M 950.0–952.0 tive or dispatcher on behalf of the (ii) Arriving Smithland L&D (iii) M 826.0–828.0 fleeting area manager. (iv) M 748.0–750.0 (4) Reports required by this section (v) M 673.0–675.0 must be made to the IRVMC either by (vi) M 628.0–630.0 telephone to (866) 442–6089, by fax to (vii) M 556.0–559.0 (866) 442–6107, or by e-mail to (viii) M 511.0–513.0 [email protected]. A reporting form (ix) Departing Capt Anthony Meldahl L&D and e-mail link are available at http:// (x) Arriving Greenup L&D (upbound) www.uscg.mil/d8/Divs/M/IRVMC.htm. (xi) Departing Greenup L&D (downbound) (xii) Departing Robert C. Byrd L&D (5) The general regulations contained (upbound) in 33 CFR 165.13 apply to this section. (xiii) Arriving Robert C. Bryd L&D (e) Eighth Coast Guard District Inland (downbound) River RNA Reporting points. Towing ves- (xiv) Departing Belleville L&D

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(xv) Departing Hannibal L&D (iv) M 202.0–203.0 (xvi) Departing Montgomery L&D (v) Coffeeville L&D (6) Allegheny River at Lock & Dam (L&D), as (12) Mobile River, at Mile Marker (M): indicated: (i) 0.0 (Entering & Exiting RNA) (i) Departing L&D 4 (upbound) (ii) [Reserved] (ii) Arriving L&D 4 (downbound) (13) Black Warrior River, when Departing (7) Monongahela River Departing Lock & L&D: Dam (L&D): (i) Holt L&D (i) Grays Landing L&D (ii) [Reserved] (ii) L&D 3 (14) Alabama River, when Departing L&D: (8) Kanawha River, at Lock & Dam (L&D), as (i) Claiborne L&D indicated: (ii) Henry L&D (i) Arriving Winfield L&D (upbound) (15) McClellan-Kerr Arkansas River Naviga- (ii) Departing Winfield L&D (downbound) tion System, when Departing Lock & (9) Cumberland River, between Mile Markers Dam (L&D), unless otherwise indicated: (M) and Departing Lock & Dam (L&D), unless otherwise indicated: (i) Chouteau L&D (i) Departing Old Hickory L&D (upbound) (ii) W.D. Mayo L&D (ii) Arriving Old Hickory L&D (downbound) (iii) Ozark-Jeta Taylor L&D (iii) M 127.0–129.0 (iv) L&D 9 (iv) Barkley L&D (v) Arriving David D. Terry L&D (upbound) (10) Tennessee River, between Mile Markers (vi) Departing David D. Terry L&D (M) and when Departing Lock & Dam (downbound) (L&D), unless otherwise indicated: (vii) L&D 2 (i) Fort Loudon L&D (16) Red River, between Mile Markers (M) (ii) Watts Bar L&D and when Departing Lock & Dam (L&D): (iii) Departing Chickamauga L&D (i) L.C. Boggs L&D (upbound) (ii) Lock 3 (iv) Arriving Chickamauga L&D (iii) M 178.0–180.0 (downbound) (17) Atchafalaya River, at Mile Marker (M): (v) Nickajack L&D (i) 55.0 (Entering & Exiting RNA) (vi) Gunterville L&D (ii) [Reserved] (vii) General Joe Wheeler L&D (f) Information to be reported to the (viii) Pickwick Landing L&D IRVMC by towing vessel operators. With (ix) M 122.0–124.0 the exception noted in paragraph (x) Kentucky L&D (d)(1)(ii) of this section, towing vessel (11) Tennessee-Tombigbee River, between operators responsible for one or more Mile Markers (M) and when Departing Lock & Dam (L&D): CDC barges in the RNA must report all (i) Lock D the information required by this sec- (ii) Aberdeen L&D tion as set out in table 165.830(f) of this (iii) Aliceville L&D paragraph.

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

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

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

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

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

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

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Guard representative, request permis- law enforcement agency assets to its sion to conduct such action, and represent location and some or all of ceive authorization from the on-scene those properly marked assets remain Coast Guard representative prior to on-scene to continue to enforce the se- initiating such action. The on-scene curity zone. Coast Guard representative may be Minimum safe speed means the speed contacted on VHF-FM channel 16. at which a vessel proceeds when it is (5) All persons and vessels authorized fully off plane, completely settled in to enter into this security zone must the water and not creating excessive obey any direction or order of the Cap- wake or surge. Due to the different tain of the Port or designated rep- speeds at which vessels of different resentative. The Captain of the Port sizes and configurations may travel Mobile may be contacted by telephone while in compliance with this defini- at (251) 441–5976. The on-scene Coast tion, no specific speed is assigned to Guard representative may be contacted minimum safe speed. In no instance on VHF-FM channel 16. should minimum safe speed be inter- (6) All persons and vessels shall com- preted as a speed less than that re- ply with the instructions of the Cap- quired for a particular vessel to maintain of the Port Mobile and designated tain steerageway. A vessel is not pro- on-scene U.S. Coast Guard patrol per- ceeding at minimum safe speed if it is: sonnel. On-scene Coast Guard patrol (1) On a plane; personnel include commissioned, war- (2) In the process of coming up onto rant, and petty officers of the U.S. or coming off a plane; or Coast Guard. (3) Creating an excessive wake or [COTP Mobile–04–057, 70 FR 20813, Apr. 22, surge. 2005] (b) Regulated area. All navigable wa- § 165.836 Security Zone; Escorted Ves- ters, as defined in 33 CFR 2.36, within sels, Mobile, Alabama, Captain of the Captain of the Port Zone, Mobile, the Port. Alabama, as described in 33 CFR 3.40– (a) Definitions. The following defini- 10. tions apply to this section: (c) Security zone. A 500-yard security COTP means Captain of the Port Mo- zone is established around each es- bile, AL. corted vessel within the regulated area Designated representatives means described in paragraph (b) of this sec- Coast Guard Patrol Commanders in- tion. This is a moving security zone cluding Coast Guard coxswains, petty when the escorted vessel is in transit officers and other officers operating and becomes a fixed zone when the es- Coast Guard vessels, and Federal, corted vessel is anchored or moored. A State, and local officers designated by security zone will not extend beyond or assisting the COTP, in the enforce- the boundary of the regulated area de- ment of the security zone. scribed in paragraph (b) of this section. Escorted vessel means a vessel, other (d) Regulations. (1) The general regu- than a large U.S. naval vessel as de- lations for security zones contained in fined in 33 CFR 165.2015, that is accom- § 165.33 of this part applies to this sec- panied by one or more Coast Guard as- tion. sets or other Federal, State, or local (2) A vessel may request the permis- law enforcement agency assets clearly sion of the COTP Mobile or a des- identifiable by flashing lights, vessel ignated representative to enter the se- markings, or with agency insignia as curity zone described in paragraph (c) follows: Coast Guard surface or air of this section. If permitted to enter asset displaying the Coast Guard insig- the security zone, a vessel must pro- nia. State and/or local law enforcement ceed at the minimum safe speed and asset displaying the applicable agency must comply with the orders of the markings and/or equipment associated COTP or a designated representative. with the agency. Escorted vessel also (e) Notice of security zone. The COTP means a moored or anchored vessel will inform the public of the existence that was escorted by Coast Guard as- or status of the security zones around sets or other Federal, State, or local escorted vessels in the regulated area

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by broadcast notices to mariners, nor- (3) Upon being hailed by U.S. Coast mally issued at 30-minute intervals Guard patrol personnel by siren, radio, while the security zones remains in ef- flashing light, or other means the oper- fect. Escorted vessels will be identified ator of a vessel must proceed as di- by the presence of Coast Guard assets rected. or other Federal, State or local law en- (4) The Coast Guard may be assisted forcement agency assets. by other Federal, State, or local agen- (f) Contact information. The COTP Mo- cies. bile may be reached via phone at (251) (5) In accordance with the general 441–6211. Any on scene Coast Guard or regulations in 33 CFR part 165.23, no designated representative assets may person or vessel may enter or remain be reached via VHF–FM channel 16. in the zone described in paragraph (a) of this section except for support ves- [USCG–2008–1013, 73 FR 67107, Nov. 13, 2008, as sels/aircraft and support personnel, or amended at 74 FR 22102, May 12, 2009] other vessels authorized by the Captain of the Port Corpus Christi or his des- § 165.837 Safety Zone; Invista Inc Fa- ignated representative. cility Docks, Victoria Barge Canal, Victoria, Texas. (e) Penalties. Vessels or persons vio- lating this rule are subject to the pen- (a) Location. The following area is a alties set forth in 33 U.S.C. 1232 and 50 safety zone: All waters contained with- U.S.C. 192. in a 500-foot (152.5m) extension east and west of the Invista Inc facility docks [USCG–2009–0797, 75 FR 13436, Mar. 22, 2010] while performing offloading operations. § 165.838 Regulated Navigation Area; (b) Enforcement period. This rule will New Orleans Area of Responsibility, be enforced for periods of 24–30 hours New Orleans, LA. twice a month, from the time the over- (a) Regulated Navigation Area. The fol- sized barge docks at the Invista Inc fa- lowing is a regulated navigation area cility until the vessel departs the facil- (RNA): ity upon conclusion of its offloading (1) The Inner Harbor Navigation operations. The Captain of the Port Canal (IHNC) from Mile Marker 22 Corpus Christi will issue a Broadcast (west of Chef Menteur Pass) on the Notice to Mariners before beginning Gulf Intracoastal Waterway, west enforcement and upon ceasing enforce- through the Gulf Intracoastal Water- ment of the safety zone. way and the Inner Harbor Navigation (c) Definitions. The following defini- Canal, out to Lake Ponchartrain and tion applies to this section: designated to the Mississippi River in New Orle- representative means any commis- ans, LA; sioned, warrant, and petty officers of (2) The Harvey Canal, between the the Coast Guard on board Coast Guard, Lapalco Boulevard Bridge and the Coast Guard Auxiliary, and local, intersection of the Harvey Canal and state, and Federal law enforcement the Algiers Canal of the Intracoastal vessels who have been authorized to Waterway; and act on the behalf of the Captain of the (3) The Algiers Canal, from the Al- Port Corpus Christi. giers Lock to the intersection of the (d) Regulations. (1) Persons desiring Algiers Canal and the Harvey Canal. to transit the area of the safety zone (b) Definitions. As used in this sec- may contact the Captain of the Port at tion: telephone number 1–361–939–6393, or the COTP means the Captain of the Port, barge on VHF Channel 16 (156.800MHz) New Orleans; and to seek permission to transit the area. Floating vessel means any floating If permission is granted, all persons vessel to which the Ports and Water- and vessels must comply with the in- ways Safety Act, 33 U.S.C. 1221 et seq., structions of the Captain of the Port or applies. his or her designated representative. (c) Enforcement. (1) The provisions of (2) All persons and vessels must com- this paragraph (c) will be enforced only ply with the instructions of the Coast 24 hours in advance of, and during the Guard Captain of the Port or the des- duration of, any of the following pre- ignated representative. dicted weather conditions:

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(i) Predicted winds of 74 miles per (ii) The vessel’s current operations; hour (mph) or more or a predicted (iii) The name of any intended moor- storm surge of 8 feet or more for the ing facility, the specific mooring loca- Inner Harbor Navigation Canal; tion within that facility, and a list of (ii) Predicted winds of 111 mph or vessels routinely engaged in business more and/or a predicted storm surge of at that facility; 10.5 feet or more for the Harvey or Al- (iv) The vessel’s proposed operation giers Canals through post storm land- during the RNA enforcement period, fall, or other hurricane or tropical including intended mooring arrange- storm conditions as determined by the ments that comply with 33 CFR 165.803 COTP; or and the mooring facility’s equipment (iii) Other hurricane or tropical for supporting those arrangements; and storm conditions expected to inflict (v) Contact information for the vessel significant damage to low lying and owner or operator during the RNA en- vulnerable shoreline areas, as deter- forcement period. mined by the COTP through National (3) Under unusual circumstances due Weather Service/Hurricane Center to time constraints, such as the mal- weather predictions. function of a bridge or lock within the (2) In the event that a particularly RNA, the person in charge of a vessel dangerous storm is predicted to have may orally request an immediate waiv- winds or storm surge significantly exer from the COTP, but the vessel owner ceeding the conditions specified in or operator must send written con- paragraphs (c)(1)(i) through (c)(1)(iii) of firmation of the request, containing this section, the COTP may begin en- the information required by paragraph forcement 72 hours in advance of the (d)(2) of this section, to the COTP with- predicted conditions. in five days of the oral request. (3) During enforcement: (4) The COTP may condition approval (i) All floating vessels are prohibited of a waiver request on the vessel own- from entering or remaining in the RNA er’s or operator’s taking measures ad- except pending approval of a waiver re- ditional to those proposed in the waiv- quest made in accordance with para- er request, and may terminate a waiver graph (d) of this section or as author- at any time, if the COTP deems it nec- ized by a waiver approved by the COTP essary to provide safety. in accordance with paragraph (d); (e) Penalties. Failure to comply with (ii) Transient vessels will not be per- this section may result in civil or mitted to seek safe haven in the RNA criminal penalties pursuant to the except in accordance with a pre- Ports and Waterways Safety Act, 33 arranged agreement between the vessel U.S.C. 1221 et seq. and a facility within the RNA, or as (f) Notice of enforcement. The COTP authorized by a waiver approved by the will notify the maritime community of COTP in accordance with paragraph (d) periods during which this regulated of this section. navigation area will be enforced by (4) The COTP will announce enforce- providing advance notice through a ment periods through Marine Safety Marine Safety Information Bulletin Information Bulletins and Safety and Safety Broadcast Notice to Mari- Broadcast Notices to Mariners. ners. (d) Waivers. (1) Upon request of the vessel owner or operator, the COTP [USCG–2009–0139, 75 FR 32279, June 8, 2010] may waive any provision of paragraph NINTH COAST GUARD DISTRICT (c) of this section, if the COTP finds that the vessel’s proposed operation § 165.T09–0073 Safety and Security can be conducted safely under the Zones; Tall Ships Challenge 2010; terms of that waiver. Great Lakes; Cleveland, OH; Bay (2) A request for waiver must be in City, MI; Duluth, MN; Green Bay, writing, except as provided by para- WI; Sturgeon Bay, WI; Chicago, IL; graph (d)(3) of this section, and must Erie, PA. describe or provide: (a) Definitions. The following defini- (i) The reason for requesting the tions apply to this section: Navigation waiver; Rules means the Navigation Rules,

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International and Inland (See, 1972 from any Tall Ship, unless authorized COLREGS and 33 U.S.C. 2001 et seq.). to come within such a distance pursu- Official Patrol means those persons ant to paragraph (c)(4) of this section designated by Captain of the Port Buf- or permitted to come within such a dis- falo, Detroit, Sault Ste. Marie, Duluth tance by the cognizant Captain of the and Lake Michigan to monitor a Tall Port, his or her designated representa- Ship safety and security zone, permit tive, or the on-scene Official Patrol. entry into the zone, give legally en- (4) Vessels are permitted to transit forceable orders to persons or vessels through the safety and security zone in within the zone, and take other actions waterways that do not provide ade- authorized by the cognizant Captain of quate navigable waters greater than the Port. 100 yards from the Tall Ships. Vessels Public Vessel means vessels owned, transiting such areas must operate at chartered, or operated by the United the minimum speed necessary to main- States or by a State or political sub- tain a safe course while also maintain- division thereof. ing the greatest possible distance away Tall Ship means any sailing vessel from the Tall Ships. participating in the Tall Ships Chal- (d) Effective period. This rule is effec- lenge 2010 in the Great Lakes. This in- tive from 12:01 a.m. on Wednesday, cludes, but is not limited to, the fol- June 23, 2010 through 12:01 a.m. on lowing: Sailing Vessel (S/V) AMISTAD, Monday September 13, 2010. S/V APPLEDORE IV, S/V APPLEDORE (e) Navigation Rules. The Navigation V, HMS BOUNTY, S/V DENIS SUL- Rules must apply at all times within a LIVAN, S/V EUROPA, S/V FAZISI, S/V Tall Ships safety and security zone. FRIENDS OF GOOD WILL, S/V IN- LAND SEAS, S/V LAREVENANTE, S/V (f) When a Tall Ship approaches with- LYNX, S/V MADELINE, S/V FLAG- in 25 yards of any vessel that is moored SHIP NIAGARA, S/V PATHFINDER, S/ or anchored, the stationary vessel V PLAYFAIR, S/V PRIDE OF BALTI- must stay moored or anchored while it MORE II, S/V ROALD AMUNDSEN, S/ remains within the tall ship’s safety V RED WITCH, S/V ROTALISTE, S/V and security zone unless ordered by or ROSEWAY, S/V UNICORN, S/V WEL- given permission from the cognizant COME, and S/V WINDY. Captain of the Port, his or her des- (b) Location. The following area is a ignated representative, or the on-scene safety and security zone: all navigable official patrol to do otherwise. waters of the United States located in EFFECTIVE DATE NOTE: By USCG–2010–0073, the Ninth Coast Guard District within 75 FR 33508, June 14, 2010, temporary a 100 yard radius of any Tall Ship. § 165.T09–0073 was added, effective from 12:01 (c) Regulations. (1) Entry into a safety a.m. on June 23, 2010 until 12:01 a.m. on Sept. and security zone described in para- 13, 2010. graph (b) of this section is prohibited unless authorized by the cognizant § 165.T09–0124 Safety Zone; St. Louis Coast Guard Captain of the Port or the River, Tallas Island, Duluth, MN. Official Patrol. (a) Location. The following area is a (2) Vessels may request permission to temporary safety zone: near Tallas Is- enter into a safety and security zone land on the St. Louis River to include described in paragraph (b) of this sec- all waters contained within the zone tion by contacting the Official Patrol located at 46°42.30 N 092°11.56 W and on VHF channel 16. then run northeast to position; 46°42.53 (3) Any vessel operating within a N 092°11.30 W and then run northwest to safety and security zone established by position; 46°43.5 N 092°11.41 W and then this section must operate at the min- run southwest to position; 46°42.37 N imum speed necessary to maintain a 092°12.11 W and then running southeast safe course and must proceed as di- back to the starting point (NAD 83). rected by the Captain of the Port or The safety zone’s boundary is approxi- the on-scene Official Patrol. Any vessel mately 3500 ft. by 1500 ft. on the long or person allowed to enter a safety and end, extending behind Tallas Island, security zone established by this sec- and 3000 ft by 1500 ft on the short end, tion must still remain at least 25 yards extending into open waters.

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(b) Effective dates. This rule is effec- 290.0 (point at which the Chicago Sani- tive from 12:01 a.m. May 1, 2010 until tary and Ship Canal connects to the 11:59 p.m. November 30, 2010. Des Plaines River) and mile marker (c) Regulations. (1) In accordance with 321.8 (point at which the Chicago Sani- the general regulations in section tary and Ship Canal Connects to the 165.23 of this part, entry into this zone South Branch Chicago River). is prohibited unless authorized by the (3) South Branch Chicago River. All Coast Guard Captain of the Port Du- U.S. waters of the South Branch Chi- luth, or his designated on-scene rep- cago River between mile marker 321.8 resentative. (point at which the South Branch Chi- (2) This safety zone is closed to all cago River connects to the Chicago vessel traffic, except as may be per- Sanitary and Ship Canal) and mile mitted by the Captain of the Port Du- marker 325.6 (point at which the South luth or his designated on-scene rep- Branch Chicago River connects to the resentative. Chicago River (Main Branch) and (3) The ‘‘on-scene representative’’ of North Branch Chicago River). the Captain of the Port is any Coast (4) All Guard commissioned, warrant, or petty Chicago River (Main Branch). officer who has been designated by the U.S. waters of the Chicago River (Main Captain of the Port to act on his be- Branch) between mile marker 325.6 half. The on-scene representative of the (point at which the Chicago River con- Captain of the Port will be aboard ei- nects to the South Branch Chicago ther a Coast Guard or Coast Guard River) and 100 yards extending past the Auxiliary vessel. The Captain of the end of the Chicago River covering the Port or his designated on-scene rep- area of the Federal channel within Chi- resentative may be contacted via VHF cago Harbor. Channel 16. (5) North Branch Chicago River. All (4) Vessel operators desiring to enter U.S. waters of the North Branch Chi- or operate within the safety zone shall cago River between mile marker 325.6 contact the Captain of the Port Duluth (point at which the North Branch Chi- or his on-scene representative to ob- cago River connects to the Chicago tain permission to do so. Vessel opera- River (Main Branch) and the South tors permitted to enter or operate in Branch Chicago River) and mile mark- the safety zone must comply with the er 331.4 (end of navigation channel). instructions given to them by the Cap- (6) Calumet-Saganashkee Channel. All tain of the Port Duluth or his on-scene U.S. waters of the Calumet- representative. Saganashkee Channel between mile EFFECTIVE DATE NOTE: By USCG–2010–0124, marker 303.5 (point at which the Cal- 75 FR 24404, May 5, 2010, temporary § 165.T09– umet-Saganashkee Channel connects 0124 was added, effective from May 5, 2010 to the Chicago Sanitary and Ship through 11:59 p.m. Nov. 30, 2010. Canal) and mile marker 333.0; all U.S. waters of the Calumet-Saganashkee § 165.T09–0166 Safety Zone, Brandon Channel between mile marker 333.0 and Road Lock and Dam to Lake Michi- gan including Des Plaines River, Lake Michigan (Calumet Harbor). Chicago Sanitary and Ship Canal, (b) Effective period. This rule is effec- Chicago River, and Calumet- tive in the CFR on May 11, 2010 This Saganashkee Channel, Chicago, IL. rule is effective with actual notice for (a) Location. The following areas are purposes of enforcement on April 28, a temporary safety zone: 2010. This rule will remain in effect (1) Des Plaines River. All U.S. waters until March 1, 2011. of the Des Plaines River located be- (c) Enforcement. (1) The Captain of tween mile marker 286.0 (Brandon Road the Port, Sector Lake Michigan, may Lock and Dam) and mile marker 290.0 enforce this safety zone in whole, in (point at which the Des Plaines River segments, or by any combination of connects with the Chicago Sanitary segments. The Captain of the Port, and Ship Canal). Sector Lake Michigan, may suspend (2) Chicago Sanitary and Ship Canal. the enforcement of any segment of this All U.S. waters of the Chicago Sanitary safety zone for which notice of enforce- and Ship Canal between mile marker ment had been given.

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(2) The safety zone established by Michigan, is any Coast Guard commis- this section will be enforced, pursuant sioned, warrant or petty officer who to paragraph (c)(1) of this section, only has been designated by the Captain of upon notice by the Captain of the Port, the Port, Sector Lake Michigan, to act Sector Lake Michigan. Suspension of on his or her behalf. The designated any previously announced period of en- representative of the Captain of the forcement will also be provided by the Port, Sector Lake Michigan, will be Captain of the Port, Sector Lake aboard a Coast Guard, Coast Guard Michigan. All notices of enforcement Auxiliary, or other designated vessel or and notices of suspension of enforce- will be on shore and will communicate ment will clearly describe any seg- with vessels via VHF radio, loudhailer, ments of the safety zone affected by or by phone. The Captain of the Port, the notice. At a minimum, notices of Sector Lake Michigan, or his or her enforcement and notices of suspension designated representative may be con- of enforcement will identify any af- tacted via VHF radio Channel 16 or the fected segments by reference to mile Coast Guard Sector Lake Michigan markers. When possible, the Captain of Command Center at 414–747–7182. the Port, Sector Lake Michigan, will (3) To obtain permission to enter or also identify enforced segments of this operate within an enforced segment of safety zone by referencing readily iden- the safety zone established by this sec- tifiable geographical points. In addition, Vessel operators must contact the tion to providing the geographical Captain of the Port, Sector Lake bounds of any enforced segment of this Michigan, or his or her designated rep- safety zone, notices of enforcement and resentative. Vessel operators given per- notices of suspension of enforcement mission to operate in an enforced seg- will also provide the date(s) and ment of the safety zone must comply time(s) at which enforcement will com- with all directions given to them by mence or suspend. the Captain of the Port, Sector Lake (3) The Captain of the Port, Sector Michigan, or his or her designated rep- Lake Michigan, will publish notices of resentative. enforcement and notices of suspension (4) When a segment of the safety zone of enforcement in accordance with 33 is being enforced, it will be closed to CFR 165.7(a) and in a manner to pro- all vessel traffic, except as may be per- vide as much notice to the public as mitted by the Captain of the Port, Sec- possible. The primary method of notifi- tor Lake Michigan, or his or her des- cation will be through publication in ignated representative. As soon as op- the FEDERAL REGISTER. The Captain of erations permit, the Captain of the the Port, Sector Lake Michigan, will Port, Sector Lake Michigan, will issue also provide notice through other a notice of suspension of enforcement means, such as Broadcast Notice to as specified in paragraph (c) of this sec- Mariners, local Notice to Mariners, tion. local news media, distribution in leaf- (5) All persons entering any enforced let form, and on-scene oral notice. Ad- segment of the safety zone established ditionally, the Captain of the Port, in this section are advised that they do Sector Lake Michigan, may notify rep- so at their own risk. resentatives from the maritime industry through telephonic and email noti- EFFECTIVE DATE NOTE: By USCG–2010–0166, 75 FR 26097, May 11, 2010, temporary fications. § 165.T09–0166 was added, effective May 11, (d) Regulations. (1) In accordance with 2010 through Mar. 1, 2011. the general regulations in § 165.23 of this part, entry into, transiting, moor- § 165.T09–0290 Safety Zones; Blasting ing, laying up, or anchoring within any Operations and Movement of Explo- enforced segment of the safety zone is sives, St. Marys River, Sault Sainte prohibited unless authorized by the Marie, MI. Captain of the Port, Sector Lake (a) Location. The following areas are Michigan, or his or her designated rep- safety zones: resentative. (1) All U.S. navigable waters down- (2) The ‘‘designated representative’’ stream of the Sabin and Davis Locks, of the Captain of the Port, Sector Lake Sault Sainte Marie, Michigan, with

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east and west boundaries starting ap- 46°30′11.78″ N/84°20′19.53″ W; 46°30′12.69″ proximately 250 feet due east of the N/84°20′19.68″ W; center of the Sabin Lock downstream 46°30′12.90″ N/84°20′28.36″ W; (NAD 83). gate, to approximately 1,750 feet due (b) Effective period. This regulation is east of the center of the Davis Lock effective from 5 a.m. April 23, 2010 downstream gate. The zone is further through 10 p.m. August 31, 2010. The bound by the southern pier face of the safety zones established in paragraph Northeast Pier, and the northern pier (a) of this section will be enforced as face of the East Center Pier. This zone follows: also includes a portion of the Army (1) The zone described in paragraph Corps of Engineers hydroelectric power (a)(1) of this section will be enforced plant effluence, and waters sur- continually from 5 a.m. April 23, 2010 rounding the eastern tip of the North- through 10 p.m. August 31, 2010. east Pier. This portion of the zone ex- (2) The zone described paragraph tends west approximately 1,100 feet (a)(2) of this section will be intermit- from the tip of the Northeast Pier, and tently enforced from 5 a.m. April 23, out to the north, approximately 150 2010 through 10 p.m. May 14, 2010. feet. The zone is bound by the fol- (3) The zone described in paragraph lowing coordinates: 46°30′22.50″ N/ (a)(3) of this section is subject to en- 084°20′40.81″ W; 46°30′22.50″ N/084°20′29.35″ forcement from 5 a.m. April 23, 2010 W; 46°30′20.16″ N/084°20′25.29″ W; through 10 p.m. August 31, 2010, any 46°30′18.81″ N/084°20′25.29″ W; 46°30″18.66″ time the barge ‘‘M2’’ is transiting with N/084°20′28.36″ W; 46°30′12.90″ N/ explosives on board or involved in ex- 084°20′28.36″ W; 46°30′13.18″ N/084°20′39.17″ plosives loading operations. ° ′ ″ ° ′ ″ W; 46 30 15.27 N/084 20 48.17 W; (4) The zone described paragraph ° ′ ″ ° ′ ″ ° ′ ″ 46 30 15.45 N/084 20 51.00 W; 46 30 16.41 (a)(4) of this section will be intermit- N/084°20′51.00″ W; 46°30′16.98″ N/ tently enforced from 5 a.m. April 23, 084°20′40.81″ W; (NAD 83). 2010 through 10 p.m. August 31, 2010. (2) All U.S. navigable waters within a (5) The Captain of the Port, Sector radius of 1,100 feet centered on the test Sault Sainte Marie may suspend at any blast location approximately 600 feet time the enforcement of any safety due east of the pier between the Sabin zone established under this section. and Davis locks, Sault Sainte Marie, (6) The Captain of the Port, Sector ° ′ ″ ° ′ ″ Michigan at 46 30 15.46 N/084 20 39.12 Sault Sainte Marie, will notify the W; (NAD 83). public of the enforcement and suspen- (3) All U.S. navigable waters within a sion of enforcement of a safety zone es- radius of 500 feet from the barge ‘‘M2’’ tablished by this section via any means at any time the barge is involved in ex- that will provide as much notice as plosives loading operations or while possible to the public. These means transiting with explosives on board. might include some or all of those list- (4) All U.S. navigable waters down- ed in 33 CFR 165.7(a). The primary stream of the Sabin and Davis Locks, method of notification, however, will Sault Sainte Marie, Michigan, with be through Broadcast Notice to Mari- east and west boundaries starting ap- ners and local Notice to Mariners. proximately 1,750 feet due east of the (c) Regulations. (1) In accordance with center of the Davis Lock downstream the general regulations in section gate, to approximately 2,850 feet due 165.23 of this part, entry into, east of the center of the Davis Lock transiting, or anchoring within an en- downstream gate. The zone is bound to forced safety zone established by this the south by the northern pier face of section is prohibited unless authorized the East Center Pier. The northern by the Captain of the Port, Sector boundary of the zone is approximately Sault Sainte Marie, or his on-scene 600 feet north of the East Center Pier. representative. The area is bound by the following co- (2) This safety zone is closed to all ordinates: 46°30′18.66″ N/84°20′28.36″ W; vessel traffic, except as may be per- 46°30′19.36″ N/84°20′14.23’’ W; mitted by the Captain of the Port, Sec- 46°30′19.20″ N/84°20′13.87″ W; 46°30′11.59″ tor Sault Sainte Marie, or his on-scene N/84°20′12.96″ W; representative.

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(3) The ‘‘on-scene representative’’ of public will be notified of the specific the Captain of the Port, Sector Sault enforcement dates as soon as prac- Sainte Marie, is any Coast Guard com- ticable through the publication of a missioned, warrant or petty officer who Notice of Enforcement and by Broad- has been designated by the Captain of cast Notice to Mariners. the Port, Sector Sault Sainte Marie, to (c) Regulations. (1) In accordance with act on his behalf. The on-scene rep- the general regulations in § 165.23 of resentative of the Captain of the Port, this part, entry into, transiting, or an- Sector Sault Sainte Marie, will be choring within this safety zone is pro- aboard either a Coast Guard or Coast hibited unless authorized by the Cap- Guard Auxiliary vessel. tain of the Port Detroit, or his des- (4) Vessel operators desiring to enter ignated on-scene representative. or operate within an enforced safety (2) This safety zone is closed to all zone shall contact the Captain of the vessel traffic, except as may be per- Port, Sector Sault Sainte Marie, or his mitted by the Captain of the Port De- on-scene representative to obtain per- troit or his designated on-scene rep- mission to do so. The Captain of the resentative. Port, Sector Sault Sainte Marie, or his (3) The ‘‘on-scene representative’’ of on-scene representative may be con- the Captain of the Port is any Coast tacted via VHF Channel 16. Vessel op- Guard commissioned, warrant, or petty erators given permission to enter or officer who has been designated by the operate in the safety zone must comply Captain of the Port to act on his be- with all directions given to them by half. The on-scene representative of the the Captain of the Port, Sector Sault Captain of the Port will be aboard ei- Sainte Marie, or his on-scene rep- ther a Coast Guard or Coast Guard resentative. Auxiliary vessel. The Captain of the Port or his designated on scene rep- EFFECTIVE DATE NOTE: By USCG–2010–0290, 75 FR 23592, May 4, 2010, temporary § 165.T09– resentative may be contacted via VHF 0290 was added, effective May 4, 2010 through Channel 16. 10 p.m. Aug. 31, 2010. (4) Vessel operators desiring to enter or operate within the safety zone shall § 165.T09–0333 Safety zone; Marathon contact the Captain of the Port Detroit Oil Refinery construction, Rouge or his on-scene representative to ob- River, Detroit, MI. tain permission to do so. (a) Location. The following area is a (5) Vessel operators given permission temporary safety zone: all U.S. waters to enter or operate in the safety zone of the Rouge River, Detroit, MI, bound must comply with all directions given by a line starting from a point on land to them by the Captain of the Port or on the south shore of the Rouge River his on-scene representative. at position 42°17.8′ N; 083° 9.1′ W, con- EFFECTIVE DATE NOTE: By USCG–2010–0333, tinuing southeast to a point on land at 75 FR 27643, May 18, 2010, temporary position 42°17.7′ N; 083° 9.0′ W, across to § 165.T09–0333 was added, effective May 18, the north side of the river to a point on 2010 until 7 p.m. on Nov. 30, 2010. land at position 42°17.8′ N; 083°8.9′ W, along the shore northwest to a point on § 165.T09–0452 Safety Zone; Festivals & land at position 42°17.8′ N; 083°9.0′ W, Fireworks Celebration, East Moran continuing back southwest to the point Bay, Lake Huron, St. Ignace, MI. of origin. All geographic coordinates (a) Location. The following area is a are North American Datum of 1983 temporary safety zone: All waters of (NAD 83). This safety zone effectively Lake Huron within a 600-foot radius covers all of the Rouge River from the from the fireworks launch site in East Dix Ave. bridge to the north end of Moran Bay, with its center in position: Fordson Island. 45°52′16.92″ N., 084°43′18.48″ W.: [DATUM: (b) Effective period. This regulation is NAD 83]. effective from 7 a.m. on May 1, 2010 to (b) Effective period. This regulation is 7 p.m. on November 30, 2010. This rule effective from 9 p.m. on June 26, 2010 will be enforced from 7 a.m. to 7 p.m. until 11 p.m. on September 5, 2010. daily, on multiple dates to be deter- (1) This rule will be enforced on the mined during the effective period. The following date and times:

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(i) June 26, 2010 from 9 p.m. through be through Broadcast Notice to Mari- 11 p.m., with an alternate date & time ners and local Notice to Mariners. for inclement weather of June 27, 2010 (c) Regulations. (1) In accordance with from 9 p.m. through 11 p.m. the general regulations in § 165.23 of (ii) July 10, 2010 from 9 p.m. through this part, entry into, transiting, or an- 11 p.m. with an alternate date & time choring within an enforced safety zone for inclement weather of July 11, 2010 established by this section is prohib- from 9 p.m. through 11 p.m. ited unless authorized by the Captain (iii) July 17, 2010 from 9 p.m. through of the Port, Sector Sault Sainte Marie, 11 p.m. with an alternate date & time or his on-scene representative. for inclement weather of July 18, 2010 (2) This safety zone is closed to all from 9 p.m. through 11 p.m. vessel traffic, except as may be per- (iv) July 24, 2010 from 9 p.m. through mitted by the Captain of the Port, Sec- 11 p.m. with an alternate date & time tor Sault Sainte Marie, or his on-scene for inclement weather of July 25, 2010 representative. from 9 p.m. through 11 p.m. (3) The ‘‘on-scene representative’’ of (v) July 31, 2010 from 9 p.m. through the Captain of the Port, Sector Sault 11 p.m. with an alternate date & time Sainte Marie, is any Coast Guard com- for inclement weather of August 1, 2010 missioned, warrant or petty officer who from 9 p.m. through 11 p.m. has been designated by the Captain of (vi) August 7, 2010 from 9 p.m. the Port, Sector Sault Sainte Marie, to through 11 p.m. with an alternate date act on his behalf. The on-scene rep- & time for inclement weather of Au- resentative of the Captain of the Port, gust 8, 2010 from 9 p.m. through 11 p.m. Sector Sault Sainte Marie, will be (vii) August 14, 2010 from 9 p.m. aboard either a Coast Guard or Coast through 11 p.m. with an alternate date Guard Auxiliary vessel. & time for inclement weather of Au- (4) Vessel operators desiring to enter gust 15, 2010 from 9 p.m. through 11 or operate within an enforced safety p.m. zone shall contact the Captain of the (viii) August 21, 2010 from 9 p.m. Port, Sector Sault Sainte Marie, or his through 11 p.m. with an alternate date on-scene representative to obtain per- & time for inclement weather of Au- mission to do so. The Captain of the gust 22, 2010 from 9 p.m. through 11 Port, Sector Sault Sainte Marie, or his p.m. on-scene representative may be con- (ix) August 28, 2010 from 9 p.m. tacted via VHF Channel 16. through 11 p.m. with an alternate date EFFECTIVE DATE NOTE: By USCG–2010–0452, & time for inclement weather of Au- 75 FR 34364, June 17, 2010, temporary gust 29, 2010 from 9 p.m. through 11 § 165.T09–0452 was added, effective from 9 p.m. p.m. on June 26, 2010 until 11 p.m. on Sept. 5, 2010. (x) September 4, 2010 from 9 p.m. through 11 p.m. with an alternate date § 165.T09–1080 Safety Zone and Regu- & time for inclement weather of Sep- lated Navigation Area, Chicago San- tember 5, 2010 from 9 p.m. through 11 itary and Ship Canal, Romeoville, p.m. IL. (2) The Captain of the Port, Sector (a) Safety Zone. (1) The following area Sault Sainte Marie may suspend at any is a temporary safety zone: All waters time the enforcement of any safety of the Chicago Sanitary and Ship zone established under this section. Canal, Romeoville, IL located between (3) The Captain of the Port, Sector mile marker 296.1 (approximately 450 Sault Sainte Marie, will notify the feet south of the Romeo Road Bridge public of the enforcement and suspen- and mile marker 296.7 (aerial pipeline sion of enforcement of a safety zone es- located approximately 0.51 miles north tablished by this section via any means east of Romeo Road Bridge). that will provide as much notice as (2) Regulations. (i) All vessels are pro- possible to the public. These means hibited from transiting the safety zone might include some or all of those list- with any non-potable water on board if ed in 33 CFR 165.7(a). The primary they intend to release that water in method of notification, however, will any form within, or on the other side of

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the safety zone. Non-potable water in- Lake Michigan Command Center at cludes but is not limited to any water 414–747–7182. taken on board to control or maintain (b) Regulated Navigation Area. (1) The trim, draft, stability or stresses of the following is a regulated navigation vessel, or taken on board due to free area (RNA): All waters of the Chicago communication between the hull of the Sanitary and Ship Canal, Romeoville, vessel and exterior water. Potable IL located between mile marker 295.5 water is water treated and stored (approximately 3600 feet south of the aboard the vessel that is suitable for Romeo Road Bridge) and mile marker human consumption. 297.2 (approximately 0.5 miles north of (ii) Vessels with non-potable water the pipeline arch). onboard are permitted to transit the (2) Regulations. (i) The general regu- safety zone if they have taken steps to lations contained in 33 CFR 165.13 prevent the release of that water in apply. any form, in or on the other side of, the (ii) Vessels that comply with the fol- safety zone, or alternatively if they lowing restrictions are permitted to have plans to dispose of the water in a transit the RNA: biologically sound manner. (A) All up-bound and down-bound (iii) Vessels with non-potable water barge tows that consist of barges car- aboard that intend to discharge on the rying flammable liquid cargos (Grade A other side of the zone must contact the through C, flashpoint below 140 degrees COTP, her designated representative or Fahrenheit, or heated to within 15 degrees Fahrenheit of flash point) must her on-scene representative and obtain engage the services of a bow boat at all permission to transit and discharge times until the entire tow is clear of prior to transit. Examples of dis- the RNA. charges that may be approved by the (B) Vessels engaged in commercial COTP include plans to dispose of the service, as defined in 46 U.S.C. 2101(5), water in a biologically sound manner may not pass (meet or overtake) in the or demonstrate through testing that RNA and must make a SECURITE call the non-potable water does not contain when approaching the RNA to an- potential live Silver or Asian carp, or nounce intentions and work out pass- viable eggs or, gametes from these ing arrangements. carp. (C) Commercial tows transiting the (iv) In accordance with the general RNA must be made up with only wire regulations in § 165.23 of this part, rope to ensure electrical connectivity entry into, transiting, or anchoring between all segments of the tow. within this safety zone by vessels with (D) All vessels are prohibited from non-potable water on board is prohib- loitering in the RNA. ited unless authorized by the Captain (E) Vessels may enter the RNA for of the Port Lake Michigan, her des- the sole purpose of transiting to the ignated representative, or her on-scene other side and must maintain headway representative. throughout the transit. All vessels and (v) The ‘‘on-scene representative’’ of persons are prohibited from dredging, the Captain of the Port is any Coast laying cable, dragging, fishing, con- Guard commissioned, warrant or petty ducting salvage operations, or any officer who has been designated by the other activity, which could disturb the Captain of the Port Lake Michigan to bottom of the RNA. act on her behalf. The on-scene rep- (F) Except for law enforcement and resentative of the Captain of the Port emergency response personnel, all per- Lake Michigan will be aboard a Coast sonnel on vessels transiting the RNA Guard, Coast Guard Auxiliary, or other should remain inside the cabin, or as designated vessel or will be on shore inboard as practicable. If personnel and will communicate with vessels via must be on open decks, they must wear VHF–FM radio or loudhailer. The Cap- a Coast Guard approved personal flota- tain of the Port Lake Michigan or her tion device. on-scene representative may also be (G) Vessels may not moor or lay up contacted via VHF–FM radio Channel on the right or left descending banks of 16 or through the Coast Guard Sector the RNA.

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(H) Towboats may not make or break EFFECTIVE DATE NOTE: By USCG–2009–1080, tows if any portion of the towboat or 75 FR 759, Jan. 6, 2010, temporary § 165.T09– tow is located in the RNA. 1080 was added, effective Jan. 6, 2010 until 5 (I) Persons on board any vessel p.m. on Dec. 1, 2010. At 75 FR 36291, June 25, transiting this RNA in accordance with 2010, paragraphs (a)(1) and (b)(1) were revised and paragraphs (b)(2)(ii)(J) and (b)(2)(ii)(K) this rule or otherwise are advised they were added, effective June 25, 2010 until 5 do so at their own risk. p.m. on Dec. 1, 2010. (J) Vessels must be greater than twenty feet in length. § 165.901 Great Lakes—regulated navi- (K) Vessels must not be a personal gation areas. watercraft of any kind (e.g. jet skis, wave runners, kayaks, etc.). (a) Lake Huron. The following are (c) Definitions. The following defini- regulated navigation areas: tions apply to this section: (1) The waters of Lake Huron known Bow boat means a towing vessel capa- as South Channel between Bois Blanc ble of providing positive control of the Island and Cheboygan, Michigan; bow of a tow containing one or more bounded by a line north from barges, while transiting the RNA. The Cheyboygan Crib Light (LL–1340) at bow boat must be capable of preventing 45°39′48″ N, 84°27′36″ W; to Bois Blanc Is- a tow containing one or more barges land at 45°43′42″ N, 84°27′36″ W; and a from coming into contact with the line north from the mainland at shore and other moored vessels. 45°43′00″ N, 84°35′30″ W; to the western Designated representative means the tangent of Bois Blanc Island at 45°48′42″ Captain of the Port Lake Michigan and N, 84°35′30″ W. Commanding Officer, Marine Safety (2) The waters of Lake Huron be- Unit Chicago. tween Mackinac Island and St. Ignace, Vessel means every description of Michigan, bounded by a line east from watercraft or other artificial contriv- position 45°52′12″ N, 84°43′00″ W; to ance used, or capable or being used, as Mackinac Island at 45°52′12″ N, 84°39′00″ a means of transportation on water. W; and a line east from the mainland This definition includes, but is not lim- at 45°53′12″ N, 84°43′30″ W; to the north- ited to, barges. ern tangent of Mackinac Island at (d) Enforcement period. The regulated 45°53′12″ N, 84°38′48″ W. navigation area and safety zone will be (b) Lake Michigan. The following is a enforced from 5 p.m. on December 18, regulated navigation area—The waters 2009, until 5 p.m. on December 1, 2010. of Lake Michigan known as Gray’s This regulated navigation area and Reef Passage bounded by a line from safety zone are enforceable with actual Gray’s Reef Light (LL–2006) at 45°46′00″ notice by Coast Guard personnel begin- N, 85°09′12″ W; to White Shoals Light ning December 18, 2009, until January (LL–2003) at 45°50′30″ N, 85°08′06″ W; to a 6, 2010. point at 45°49′12″ N, 85°04′48″ W; then to (e) Compliance. All persons and ves- ° ′ ″ ° ′ ″ sels must comply with this section and a point at 45 45 42 N, 85 08 42 W; then any additional instructions or orders of to the point of beginning. the Ninth Coast Guard District Com- (c) Regulations. The COTP, Sault Ste. mander, or his designated representa- Marie, will close and open these regu- tives. Any person on board any vessel lated navigation areas as ice conditions transiting this RNA in accordance with dictate. Under normal seasonal condi- this rule or otherwise does so at their tions, only one closing each winter and own risk. one opening each spring are antici- (f) Waiver. For any vessel, the Ninth pated. Prior to the closing or opening Coast Guard District Commander, or of the regulated navigation areas, the his designated representatives, may COTP will give interested parties, in- waive any of the requirements of this cluding both shipping interests and is- section, upon finding that operational land residents, not less than 72 hours conditions or other circumstances are notice of the action. No vessel may such that application of this section is navigate in a regulated navigation area unnecessary or impractical for the pur- which has been closed by the COTP. poses of vessel and mariner safety. Under emergency conditions, the COTP

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may authorize specific vessels to navi- (5) Twenty-five (25) feet downriver to gate in a closed regulated navigation twenty-five (25) feet upriver of 41 de- area. grees 29′48.9″ N, 81 degrees 42′10.7″ W, which is the knuckle toward the [CGD 79–034, 47 FR 29660, July 8, 1982, as downriver corner of the Nautica Stage. amended by CGD 79–026, 48 FR 35408, Aug. 4, 1983] (6) Ten (10) feet downriver to ten (10) feet upriver of 41 degrees 29′45.5″ N, 81 § 165.902 Niagara River at Niagara degrees 42′9.7″ W, which is the knuckle Falls, New York—safety zone. toward the upriver corner of the Nautica Stage. (a) The following is a safety zone— (7) The fender on the west bank of The United States waters of the Niag- the river at 41 degrees 29′45.2″ N, 81 de- ara River from the crest of the Amer- grees 42.10″ W, which is the knuckle at ican and Horseshoe Falls, Niagara Bascule Bridge (railroad). Falls, New York to a line drawn across (8) The two hundred seventy (270) the Niagara River from the down- foot section on the east bank of the stream side of the mouth of Gill Creek river between the Columbus Road to the upstream end of the breakwater bridge (41 degrees 29′18.8″ N, 81 degrees at the mouth of the Welland River. 42′02.3W) downriver to the chain link § 165.903 Safety Zones: Cuyahoga fence at the upriver end of the Com- River and Old River, Cleveland, OH. modores Club Marina. (9) Fifty (50) feet downriver of twen- (a) Location. The waters of the Cuya- ty-five (25) feet upriver from 41 degrees hoga River and the Old River extending 29′24.5″ N, 81 degrees 41′57.2″ W, which is ten feet into the river at the following the knuckle at the Upriver Marine fuel eleven locations, including the adja- pump. cent shorelines, are safety zones, co- (10) Seventy-five (75) feet downriver ordinates for which are based on NAD to seventy-five (75) feet upriver from 41 83. degrees 29′33.7″ N, 81 degrees 41′57.5″ W. (1) From the point where the shore- which is the knuckle adjacent to the line intersects longitude 81°42′24.5″ W, warehouse at Alpha Precast Products which is the southern side of the Nor- (United Ready Mix). folk and Southern No. 1 railroad (11) Fifteen (15) feet downriver to fif- bridge, southeasterly along the shore teen (15) feet upriver from 41 degrees for six hundred (600) feet to the point 29′41″ N, 81 degrees 41′38.6″ W, which is where the shoreline intersects lon- the end of the chain link fence between gitude 81°42′24.5″ W, which is the Holy The Club Mega and Shippers C & D. Moses Water Taxi Landing at Fado’s (b) Regulations—(1) General Rule. Ex- Restaurant. cept as provided below, entry of any (2) One hundred (100) feet downriver kind or for any purpose into the fore- to one hundred (100) feet upriver from going zones is strictly prohibited in ac- 41 degrees 29′53.5″ N, 81 degrees 42′33.5″ cordance with the general regulations W, which is the knuckle on the north in § 165.23 of this part. side of the Old River entrance at On- (2) Exceptions. Any vessel may tran- tario Stone. sit, but not moor, stand or anchor in, (3) Fifty (50) feet downriver to fifty the foregoing zones as necessary to (50) feet upriver from 41 degrees 29′48.4″ comply with the Inland Navigation N, 81 degrees 42′44″ W, which is the Rules or to otherwise facilitate safe knuckle adjacent to the Ontario Stone navigation. Cargo vessels of 1600 gross warehouse on the south side of the Old tons (GT) or greater may moor in these River. zones when conducting cargo transfer (4) From 41 degrees 29′51.1″ N, 81 de- operations. grees 42′32.0″ W, which is the corner of (3) Waivers. Owners or operators of Christie’s Cabaret pier at Sycamore docks wishing a partial waiver of these Slip on the Old River, to fifty (50) feet regulations may apply to the Captain east of 41 degrees 29′55.1″ N, 81 degrees of the Port, Cleveland, Ohio. Partial 42′27.6″ W, which is the north point of waivers will only be considered to the pier at Shooter’s Restaurant on the allow for the mooring of vessels in a Cuyahoga River. safety zone when vessels of 1600 GT on

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greater are not navigating in the proxi- (2) Vessels in Burnham Park Harbor mate area. Any requests for a waiver at the commencement of the safety and must include a plan to ensure imme- security zone must be moored and re- diate removal of any vessels moored in main moored while the safety and secu- a safety zone upon the approach of a rity zone is established, unless author- vessel(s) 1600 GTs or greater. ized to get underway by a Coast Guard or U.S. Secret Service official. [COTP Cleveland REG 89–01, 54 FR 9778, Mar. (3) No person may engage in swim- 8, 1989, as amended by CGD 09–95–018, 61 FR 37685, July 19, 1996; USCG–2000–7223, 65 FR ming, snorkeling, or diving within the 40059, June 29, 2000; USCG–2001–9286, 66 FR established safety and security zone, 33642, June 25, 2001] except with the permission of the Cap- tain of the Port or U.S. Secret Service. § 165.904 Lake Michigan at Chicago [CGD09–94–005, 59 FR 45227, Sept. 1, 1994] Harbor & Burnham Park Harbor— Safety and Security Zone. § 165.905 USX Superfund Site Safety (a) Location. All waters, waterfront Zones: St. Louis River. facilities, and shoreline areas within (a) The following areas of the St. 1000 yards of the shoreline surrounding Louis River, within the designated Merrill C. Meigs Airfield constitute a boxes of latitude and longitude, are safety and security zone. This includes safety zones: all waters including Burnham Park (1) Safety Zone #1 (North Spirit Lake): Harbor and the southern part of Chi- ° ′ ″ cago Harbor, Lake Michigan, bounded North Boundary: 46 41 33 W South Boundary: 46°41′18″ W by the following coordinates: East Boundary: 92°11′53″ W (1) Northwest point: 41°52′33″ N, West Boundary: 92°12′11″ W 87°36′58″ W (2) Safety Zone #2 ( ): (2) Northeast point: 41°52′33″ N, South Spirit Lake 87°35′41″ W North Boundary: 46°40′45″ N (3) Southeast point: 41°50′42″ N, South Boundary: 46°40′33″ N 87°35′41″ W East Boundary: 92°11′40″ W West Boundary: 92°12′05″ W (4) Southwest point: 41°50′42″ N, 87°36′33″ W (b) Transit of vessels through the wa- (5) From the southwest point, north ters covered by these zones is prohib- along the Lake Michigan shoreline, in- ited. Swimming (including water ski- cluding Burnham Park Harbor, to the ing or other recreational use of the northwest point. water which involves a substantial risk (b) Effective times and dates. This safe- of immersion in the water) or taking of ty and security zone will be in effect at fish (including all forms of aquatic ani- various times to be published in the mals) from the waters covered by these Coast Guard Local Notice to Mariners safety zones is prohibited at all times. or broadcasted via Marine Radio VHF- [CGD09–95–026, 60 FR 52862, Oct. 11, 1995] FM Channels 16 & 22. These times will include the actual effective time and § 165.906 Lakeside Yacht Club in date and the termination time and Cleveland Harbor, Cleveland, OH— date. regulated navigation areas. (c) Restrictions. (1) In accordance with (a) Restricted Areas. The following are the general regulations in section areas inside Cleveland Harbor which 165.23 and 165.33 of this part, entry into are subject to navigational restrictions this zone is prohibited, unless author- based on the height of vessel masts as ized by the U.S. Coast Guard Captain of specified in paragraph (b) of this sec- the Port Lake Michigan, or the U.S. tion. For the purpose of this section, Secret Service. Other general require- the term ‘‘mast’’ will be used to in- ments in §§ 165.23 and 165.33 also apply. clude masts, antennae or any other Further, no person may enter or re- portion of the vessel extending above main in the shoreline areas of the es- the waterline. All of these areas are in- tablished safety and security zone, un- side the ‘‘Lakeside Yacht Club en- less cleared by a Coast Guard or U.S. trance channel,’’ defined as the water Secret Service official. area between the Lakeside Yacht Club

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jetties and the Burke Lakefront Air- graph (a) of this section. The height of port landfill, or inside the ‘‘Lakeside a vessel is the height above the water Yacht Club docks,’’ defined as the line of masts, antennas, navigational docking area inside the Lakeside Yacht equipment, or any other structure. Club jetties and immediately adjacent (1) Less than 41 feet. Vessels less than to Lakeside Yacht Club. 41 feet in height are not subject to any (1) Restricted area no. 1. Restricted restrictions under this section. area no. 1 is the water area on the (2) 41 to 45 feet. Vessels at least 41 feet southwest end of the Lakeside Yacht in height yet less than 45 feet in height Club entrance channel which is south- may not enter restricted area 1. ° west of a line running 328 T and north- (3) 45 to 53 feet. Vessels at least 45 feet ° west of a line running 232 T from a in height yet less than 53 feet in height ° ′ ″ ° ′ ″ point at 41 31 28.00 N, 81 40 02.60 W, may not enter restricted area 1 and which point is marked by a fixed flash- must comply with the clearance proce- ing yellow light. dures prescribed in paragraph (c) when (2) Restricted area no. 2. Restricted navigating through restricted area 2. area no. 2 is the water area of the (4) 53 to 63 feet. Vessels at least 53 feet Lakeside Yacht Club entrance channel in height yet less than 63 feet in height which is outside restricted area no. 1 may not enter restricted area 1, must and the entrance to the Yacht Club comply with the clearance procedures docking area, and southwest of a line prescribed in paragraph (c) of this sec- running 328° T from the intersection of tion when navigating through re- 81°39′58.47″ W and reference line run- stricted area 2, and may not dock in or ning between point A at 41°31′33.45″ N, enter restricted area 4 at any time. 81°39′47.45″ W and point B at 41°31′19.67″ N, 81°40′19.17″ W. (5) 63 to 95 feet. Vessels at least 63 feet in height yet less than 95 feet in height (3) Restricted area no. 3. Restricted area no. 3 is the water area of the may not enter restricted area 1, must Lakeside Yacht Club entrance channel comply with the clearance procedures which is outside restricted area no. 1, prescribed in paragraph (c) of this sec- and southwest of a line running 328° T tion when navigating through re- from point A at 41°31′33.45″ N., stricted areas 2 or 3, and may not dock 81°39′47.45″ W. in or enter restricted areas 4 or 5 at any time. (4) Restricted area no. 4. Restricted area no. 4 is the area inside the Lake- (6) 95 feet or more. Vessel 95 feet or side Yacht Club docks which is south- more in height may not enter any re- west of a line running 328° T from the stricted area, 1 through 6, at any time. intersection of 81°39′58.47″ W and a ref- (c) Clearance procedures. Except dur- erence line running between point A at ing the times specified in paragraph 41°31′33.45″ N, 81°39′47.45″ W and point B (d), operators of vessels subject to at 41°31′19.67″ N, 81°40′19.17″ W, and these procedures must do the fol- northwest of the same reference line. lowing: (5) Restricted area no. 5. Restricted (1) Obtain clearance from the Burke area no. 5 is the area inside the Lake- Lakefront Air Traffic Control Tower side Yacht Club docks which is outside before navigating through the re- restricted area 4 and northwest of a stricted area(s); line 183 feet southeast and parallel to a (2) Navigate promptly through the reference line running between point A area(s) at a safe and practical speed. at 41°31′33.45″ N, 81°39′47.45″ W and point Navigation at a safe and practical B at 41°31′19.67″ N, 81°40′19.17″ W. speed includes brief stops at the fueling (6) Restricted area no. 6. Restricted dock inside restricted area 3 by vessels area no. 6 is the area inside the Lake- with masts between 63 and 95 feet in side Yacht Club docks which is outside height; and restricted areas 4 and 5. (3) Promptly inform the Burke Lake- (b) Restrictions applicable to vessels of front Air Traffic Control Tower after certain heights. Vessels with masts of clearing the restricted area(s), or of certain heights are subject to the fol- any difficulty preventing prompt clear- lowing restrictions with reference to ance. The Burke Lakefront Air Traffic the restricted areas detailed in para- Control Tower may be contacted on

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marine radio channel 14, or by tele- operate in the zone. However, should phone at (216) 781–6411 except as noted the Captain of the Port Lake Michigan during the suspended hours listed in determine it is appropriate, he will re- paragraph (d) of this section. The radio quire even those U.S. Coast Guard cer- and telephone will be manned when the tificated passenger vessels which nor- instrument guided approach system is mally load and unload passengers at being utilized. Navy Pier to request permission before (4) Clearance may also be obtained leaving or entering the security zones. for longer periods or for groups of ves- The Captain of the Port Lake Michigan sels when arranged in advance with will notify these vessels via Broadcast Burke Lakefront Airport by any appro- Notice to Mariners if they must notify priate means of communication, in- the Coast Guard before entering or cluding a prior written agreement. transiting the security zone. As such, (d) Enforcement of clearance require- vessels that regularly operate within ments. The clearance procedures speci- this zone are responsible for moni- fied in paragraph (c) of this section will toring Broadcasts Notice to Mariners not be enforced during the following for the Chicago area. These broadcasts times: will be made by U.S. Coast Guard Sec- (1) 11:00 p.m. n Fridays to 7:00 a.m. on tor Lake Michigan. Saturdays. (2) Dresden Nuclear Power Plant. All (2) 11:00 p.m. on Saturdays to 8:00 waters of the Illinois River in the vi- a.m. on Sundays. cinity of Dresden Nuclear Power Plant (3) 12:00 midnight Sunday nights to encompassed by a line starting on the 7:00 a.m. on Mondays. shoreline at 41°23′45″ N, 88°16′18″ W; then (e) Enforcement. This section will not east to the shoreline at 41°23′39″ N, be enforced during any period in which 88°16′09″ W; then following along the the Federal Aviation Administration shoreline back to the beginning. withdraws approval for operation of an (3) Donald C. Cook Nuclear Power instrument-only approach to runway 24 Plant. All waters of Lake Michigan on the northeast end of Burke Lake- around the Donald C. Cook Nuclear front Airport. Power Plant encompassed by a line starting on the shoreline at 41°58.656′ N, [CGD09–97–002, 64 FR 8006, Feb. 18, 1999] 86°33.972′ W; then northwest to 41°58.769′ § 165.907 [Reserved] N, 86°34.525′ W; then southwest to 41°58.589′ N, 86°34.591′ W; then southeast § 165.909 [Reserved] to the shoreline at 41°58.476′ N, 86°34.038′ W; and following along the shoreline § 165.910 Security Zones; Captain of back to the beginning. the Port Lake Michigan. (4) Palisades Nuclear Power Plant. All (a) Security zones. The following waters of Lake Michigan around the areas, defined by coordinates based Palisades Nuclear Power Plant within upon North American Datum 1983, are a line starting on the shoreline at security zones: 42°19′07″ N, 86°19′05″ W; then northwest (1) Navy Pier Northside. (i) Location. to 42°19′22″ N, 86°19′54″ W; then north to All waters between the Navy Pier and 42°19′44″ N, 86°19′43″ W; then southeast the Jardine Water Filtration Plant back to the shoreline at 42°19′31″ N, shoreward of a line drawn from the 86°18′50″ W; then following along the southeast corner of the Jardine Water shoreline back to the beginning. Filtration Plant at 41°53′36″ N, 87°36′10″ (5) Hammond Intake Crib. All navi- W, to the northeast corner of the Navy gable waters bounded by the arc of a Pier at 41°53′32″ N, 87°35′55″ W; then fol- circle with a 100-yard radius with its lowing the Navy Pier, seawall, and center in approximate position 41°42′15″ Jardine Water Filtration Plant back to N, 087°29′49″ W (NAD 83). the beginning. (6) Zion Nuclear Power Plant. All wa- (ii) Regulations. The Captain of the ters of Lake Michigan encompassed by Port Lake Michigan will normally per- a line starting on the shoreline at mit those U.S. Coast Guard certificated 42°26′36″ N, 87°48′03″ W; then southeast passenger vessels that normally load to 42°26′20″ N, 87°47′35″ W; then north- and unload passengers at Navy Pier to east to 42°26′53″ N, 87°47′22″ W; then

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northwest to the shoreline at 42°27′06″ § 165.911 Security Zones; Captain of N, 87°48′00″ W; then following along the the Port Buffalo Zone. shoreline back to the beginning. (a) Location. The following are secu- (7) 68th Street Water Intake Crib. All rity zones: waters of Lake Michigan within the arc (1) Nine Mile Point and Fitzpatrick Nu- of a circle with a 100-yard radius of the clear Power Plants. The navigable wa- 68th Street Crib with its center in ap- ters of Lake Ontario bounded by the proximate position 41°47′10″ N, 87°31′51″ following coordinates: commencing at W. 43°30.8′ N, 076°25.7′ W; then north to (8) Dever Water Intake Crib. All waters 43°31.2′ N, 076°25.7′ W; then east-north- of Lake Michigan within the arc of a east to 43°31.6′ N, 076°24.9′ W; then east circle with a 100-yard radius of the to 43°31.8′ N, 076°23.2′ W; then south to Dever Crib with its center in approxi- 43°31.5′ N, 076°23.2′ W; and then fol- mate position 41°54′55″ N, 87°33′20″ W. lowing the shoreline back to the point (9) 79th Street Water Intake Crib. All of origin (NAD 83). waters of Lake Michigan within the arc (2) Ginna Nuclear Power Plant. The of a circle with a 100-yard radius of the waters of Lake Ontario bounded by the 79th Street Water Filtration Plant following area, starting at 43°16.9′ N, with its center in the approximate po- 077°18.9′ W; then north to 43°17.3′ N, ° ′ ° ′ sition 41°45′30″ N, 87°32′32″ W. 077 18.9 W; then east to 43 17.3 N, ° ′ ° ′ (b) Regulations. (1) Under § 165.33, 077 18.3 W; then south to 43 16.7 N, 077°18.3′ W; then following the shoreline entry into these zones is prohibited un- back to starting point (NAD 83). less authorized by the Coast Guard (3) Moses-Saunders Power Dam. The Captain of the Port Lake Michigan. waters of the St. Lawrence River Section 165.33 also contains other gen- bounded by the following area, starting eral requirements. at 45°00.73′ N, 074°47.85′ W; southeast fol- (2) All persons and vessels shall com- lowing the international border to ply with the instruction of the Captain 45°00.25′ N, 074°47.56′ W; then southwest of the Port Lake Michigan or the des- to 45°00.16′ N, 074°47.76′ W; then east to ignated on-scene U.S. Coast Guard pa- the shoreline at 45°00.16′ N, 074°47.93′ W; trol personnel. On-scene patrol per- then northwest to 45°00.36′ N, 074°48.16′ sonnel include commissioned, warrant, W; then northeast back to the starting and petty officers of the U.S. Coast point (NAD 83). Guard on board Coast Guard, Coast (4) Long Sault Spillway Dam. The wa- Guard Auxiliary, local, state, and fed- ters of the St. Lawrence River bounded eral law enforcement vessels. Emer- by the following area, starting at gency response vessels are authorized 44°59.5′ N, 074°52.0′ W; north to 45°00.0′ N, to move within the zone but must 074°52.0′ W; east to 45°00.0′ N, 074°51.6′ W, abide by the restrictions imposed by then south to 44°59.5′ N, 074°51.6′ W; the Captain of the Port. then west back to the starting point (3) Persons who would like to transit (NAD 83). through a security zone in this section (b) Regulations. (1) In accordance with must contact the Captain of the Port § 165.33, entry into this zone is prohib- at telephone number (630) 986–2175 or on ited unless authorized by the Coast VHF channel 16 (121.5 MHz) to seek per- Guard Captain of the Port Buffalo. mission to transit the area. If permis- (2) Persons or vessels desiring to sion is granted, all persons and vessels transit the area of the Nine Mile Point shall comply with the instructions of and Fitzpatrick Nuclear Power Plants the Captain of the Port or his or her or Ginna Nuclear Power Plant security designated representative. zones must contact the Captain of the Port Buffalo at telephone number (716) (c) Authority. In addition to 33 U.S.C. 843–9570, or on VHF/FM channel 16 to 1231 and 50 U.S.C. 191, the authority for seek permission to transit the area. this section includes 33 U.S.C. 1226. Persons desiring to transit the area of [CGD09–02–001, 67 FR 53502, Aug. 16, 2002; 67 Moses-Saunders Power Dam or Long FR 65041, Oct. 23, 2002, as amended by CGD09– Sault Spillway Dam security zones 04–020, 69 FR 71709, Dec. 10, 2004] must contact the Supervisor, Marine

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Safety Detachment Massena at tele- southwest to 41°35.4′ N, 083°03.7′ W; then phone number (315) 764–3284, or on VHF/ back to the starting point 41°36.1′ N, FM channel 16 to seek permission to 083°04.7′ W (NAD 83). transit the area. If permission is grant- (b) Regulations. (1) In accordance with ed, all persons and vessels shall comply § 165.33, entry into this zone is prohib- with the instructions of the Captain of ited unless authorized by the Coast the Port or his or her designated rep- Guard Captain of the Port Detroit. Sec- resentative. tion 165.33 also contains other general (c) Authority. In addition to 33 U.S.C. requirements. 1231 and 50 U.S.C. 191, the authority for (2) Persons desiring to transit this section includes 33 U.S.C. 1226. through either of these security zones, [CGD09–02–005, 67 FR 53500, Aug. 16, 2002] prior to transiting, must contact the Captain of the Port Detroit at tele- § 165.912 Security Zone; Lake Erie, phone number (419) 418–6050, or on VHF/ Perry, OH. FM channel 16 and request permission. (a) Location: The following area is a If permission is granted, all persons security zone: all navigable waters of and vessels shall comply with the in- Lake Erie bounded by a line drawn be- structions of the Captain of the Port or tween the following coordinates begin- his or her designated representative. ning at 41° 48.187′ N, 081° 08.818′ W; then (c) Authority. In addition to 33 U.S.C. due north to 41° 48.7′ N, 081° 08.818′ W; 1231 and 50 U.S.C. 191, the authority for then due east to 41° 48.7′ N, 081° 08.455′ this section includes 33 U.S.C. 1226. W; then due south to the south shore of Lake Erie at 41° 48.231′ N, 081° 08.455′ W; [CGD09–02–011, 67 FR 46386, July 15, 2002] thence westerly following the shoreline § 165.916 Security Zones; Captain of back to the beginning (NAD 83). the Port Milwaukee Zone, Lake (b) Regulations. In accordance with Michigan. the general regulations in § 165.33 of this part, entry into this zone is pro- (a) Location. The following are secu- hibited unless authorized by the Coast rity zones: Guard Captain of the Port Cleveland, (1) Kewaunee Nuclear Power Plant. All or the designated on-scene representa- navigable waters of Western Lake tive. Michigan encompassed by a line com- (c) Authority. In addition to 33 U.S.C. mencing from a point on the shoreline 1231 and 50 U.S.C. 191, the authority for at 44°20.715′ N, 087°32.080′ W; then eas- this section includes 33 U.S.C. 1226. terly to 44°20.720′ N, 087°31.630′ W; then southerly to 44°20.480′ N, 087°31.630′ W; [CGD09–02–006, 67 FR 52611, Aug. 13, 2002] then westerly to 44°20.480′ N, 087°31.970′ § 165.914 [Reserved] W, then northerly following the shoreline back to the point of origin (NAD § 165.915 Security zones; Captain of 83). the Port Detroit. (2) Point Beach. All navigable waters (a) Security zones. The following areas of Western Lake Michigan encom- are security zones: passed by a line commencing from a (1) Enrico Fermi 2 Nuclear Power Sta- point on the shoreline at 44° 17.06 N, tion. All waters and adjacent shoreline 087° 32.15 W, then northeasterly to 44° encompassed by a line commencing at 17.12 N, 087° 31.59 W, then southeasterly 41°58.4′ N, 083°15.4′ W; then northeast to to 44° 16.48 N, 087° 31.42 W, then south- 41°58.5′ N, 083°15.0′ W; then southeast to westerly to 44° 16.42 N, 087° 32.02 W, 41°58.2′ N, 083°13.7′ W; then south to then northwesterly along the shoreline 41°56.9′ N, 083°13.8′ W; then west to back to the point of origin. All coordi- 41°56.9′ N, 083°15.2′ W; then back to the nates are based upon North American starting point at 41°58.4′ N, 083°15.4′ W Datum 1983. (NAD 83). (b) Regulations. (1) In accordance with (2) Davis Besse Nuclear Power Station. § 165.33, entry into this zone is prohib- All waters and adjacent shoreline en- ited unless authorized by the Coast compassed by a line commencing at Guard Captain of the Port Milwaukee. 41°36.1′ N, 083°04.7′ W; north to 41°37.0′ N, Section 165.33 also contains other gen- 083°03.9′ W; east to 41°35.9′ N, 083°02.5′ W; eral requirements.

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(2) Persons desiring to transit the area managers responsible for CDC area of the security zone may contact barges in the RNA. This section does the Captain of the Port at telephone not apply to towing vessel operators number (414) 747–7155 or on VHF-FM responsible for barges not carrying Channel 16 to seek permission to tran- CDC barges, or fleet tow boats moving sit the area. If permission is granted, one or more CDC barges within a fleet- all persons and vessels shall comply ing area. with the instructions of the Captain of (c) Definitions. As used in this sec- the Port or his or her designated rep- tion— resentative. Barge means a non-self propelled ves- (c) Authority. In addition to 33 U.S.C. sel engaged in commerce, as set out in 1231 and 50 U.S.C. 191, the authority for 33 CFR 160.204. this section includes 33 U.S.C. 1226. Certain Dangerous Cargo or (CDC) includes any of the following: [CGD09–02–007, 67 FR 49578, July 31, 2002, as amended by CGD09–03–277, 69 FR 4242, Jan. (1) Division 1.1 or 1.2 explosives as de- 29, 2004] fined in 49 CFR 173.50. (2) Division 1.5D blasting agents for § 165.918 [Reserved] which a permit is required under 49 CFR 176.415 or, for which a permit is re- § 165.920 Regulated Navigation Area: quired as a condition of a Research and USCG Station Port Huron, Port Special Programs Administration ex- Huron, MI, Lake Huron. emption. (a) Location. All waters of Lake (3) Division 2.3 ‘‘poisonous gas’’, as Huron encompassed by the following: listed in 49 CFR 172.101 that is also a starting at the northwest corner at ‘‘material poisonous by inhalation’’ as 43°00.4′ N, 082°25.327′ W; then east to defined in 49 CFR 171.8, and that is in a 43°00.4′ N, 082°25.23.8′ W; then south to quantity in excess of 1 metric ton per 43°00.3′ N, 082°25.238′ W; then west to barge. 43°00.3′ N, 082°25.327′ W; then following (4) Division 5.1 oxidizing materials the shoreline north back to the point for which a permit is required under 49 of origin (NAD 83). CFR 176.415 or, for which a permit is re- (b) Special regulations. No vessel may quired as a condition of a Research and fish, anchor, or moor within the RNA Special Programs Administration ex- without obtaining the approval of the emption. Captain of the Port (COTP) Detroit. (5) A liquid material that has a pri- Vessels need not request permission mary or subsidiary classification of Di- from COTP Detroit if only transiting vision 6.1 ‘‘poisonous material’’ as list- through the RNA. COTP Detroit can be ed in 49 CFR 172.101 that is also a ‘‘ma- reached by telephone at (313) 568–9580, terial poisonous by inhalation’’, as de- or by writing to: MSO Detroit, 110 Mt. fined in 49 CFR 171.8 and that is in a Elliot Ave., Detroit MI 48207–4380. bulk packaging, or that is in a quantity in excess of 20 metric tons per [CDG09–03–287, 69 FR 23103, Apr. 28, 2004] barge when not in a bulk packaging. § 165.921 Regulated Navigation Area; (6) Class 7, ‘‘highway route controlled Reporting Requirements for Barges quantity’’ radioactive material or Loaded with Certain Dangerous ‘‘fissile material, controlled ship- Cargoes, Illinois Waterway System ment’’, as defined in 49 CFR 173.403. located within the Ninth Coast (7) Bulk liquefied chlorine gas and Guard District. bulk liquefied gas cargo that is flam- (a) Regulated Navigation Area. The fol- mable and/or toxic and carried under 46 lowing waters are a regulated naviga- CFR 154.7. tion area (RNA): the Illinois Waterway (8) The following bulk liquids— System above mile 187.2 to the Chicago (i) Acetone cyanohydrin, Lock on the Chicago River at mile 326.7 (ii) Allyl alcohol, and to the confluence of the Calumet (iii) Chlorosulfonic acid, River and Lake Michigan at mile 333.5 (iv) Crotonaldehyde, of the Calumet River. (v) Ethylene chlorohydrin, (b) Applicability. This section applies (vi) Ethylene dibromide, to towing vessel operators and fleeting (vii) Methacrylonitrile,

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

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(iii) M 326.4 Thomas S. O’Brien L&D, (iv) M 303.5 Junction of Chicago Sani- Calumet River, tary Ship Canal and Calumet-Sag (iv) M 333.5 Confluence of Calumet Channel, and River and Lake Michigan, and (v) M 187.2 (Southern Boundary MSU (v) M 326.7 Chicago L&D, Chicago Chicago AOR). River. (f) Information to be reported to the (2) Illinois River (ILR) Downbound IRVMC by towing vessel operators. With Reporting Points, at Mile Markers (M) the exception noted in paragraph and when Departing Lock & Dam (d)(1)(ii) of this section, towing vessel (L&D)— (i) M 326.7 Chicago L&D, Chicago operators responsible for one or more River, CDC barges in the RNA must report all (ii) M 333.5 Confluence of Calumet the information required by this sec- River and Lake Michigan, tion as set out in table 165.921(f) of this (iii) M 326.4 Thomas S. O’Brien L&D, paragraph. Calumet River,

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

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

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

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

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

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

(h) Alternative reporting. The Ninth maintain headway throughout the Coast Guard District Commander may transit. consider and approve alternative meth- (4) All personnel on open decks must ods to be used by a reporting party to wear a Coast Guard approved Type I meet any reporting requirements if— personal flotation device while in the (1) The request is submitted in writ- regulated navigation area. ing to Commander, Ninth Coast Guard (5) Vessels may not moor or lay up on District (m), 1240 E. Ninth Street, the right or left descending banks of Cleveland, Ohio, 44199–2060; and the regulated navigation area. (2) The alternative provides an equiv- (6) Towboats may not make or break alent level of the reporting that which tows in the regulated navigation area. would be achieved by the Coast Guard (7) Vessels may not pass (meet or with the required check-in points. overtake) in the regulated navigation (i) Deviation from this section is pro- area and must make a SECURITE call hibited unless specifically authorized when approaching the barrier to an- by the Commander, Ninth Coast Guard nounce intentions and work out pass- District or the IRVMC. ing arrangements on either side. (Approved by the Office of Management and (8) Commercial tows transiting the Budget under OMB control number 1625–1505) regulated navigation area must be [CDG09–03–241, 68 FR 57622, Oct. 6, 2003] made up with wire rope to ensure electrical connectivity between all seg- § 165.923 Regulated Navigation Area ments of the tow. between mile markers 296.1 and (c) Compliance. All persons and ves- 296.7 of the Chicago Sanitary and sels shall comply with this rule and Ship Canal located near any additional instructions of the Romeoville, IL. Ninth Coast Guard District Com- (a) Location. The following is a Regu- mander, or his designated representa- lated Navigation Area: All waters of tive. The Captain of the Port, Lake the Chicago Sanitary and Ship Canal, Michigan is a designated representa- Romeoville, IL between the north side tive of the District Commander for the of Romeo Road Bridge Mile Marker purposes of this rule. 296.1, and the south side of the Aerial Pipeline Mile Marker 296.7. [CGD09–05–131, 70 FR 76694, Dec. 28, 2005] (b) Regulations. (1) The general regu- EFFECTIVE DATE NOTE: By USCG–2009–1080, lations contained in 33 CFR 165.13 75 FR 759, Jan. 6, 2010, § 165.923 was suspended apply. from Jan. 6, 2010 until 5 p.m. on Dec. 1, 2010. (2) All vessels are prohibited from loitering in the regulated navigation § 165.927 Safety Zone; St. Louis River, area. Duluth/Interlake Tar Remediation (3) Vessels may enter the regulated Site, Duluth, MN. navigation area for the sole purpose of (a) Location: The following area is a transiting to the other side, and must safety zone: All waters of Stryker Bay

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and Hallett Slips 6 & 7 which are lo- this section and Vessel Traffic Service cated north of a boundary line delin- St. Marys River (VTS) are Designated eated by the following points: From Representatives. the shoreline at 46°43′10.00″ N, (2) Federal Law Enforcement Officer 092°10′31.66″ W, then south to 46°43′06.24″ means any employee or agent of the N, 092°10′31.66″ W, then east to United States government who has the ° ′ ″ ° ′ ″ 46 43 06.24 N, 092 09 41.76 W, then north authority to carry firearms and make ° ′ ″ to the shoreline at 46 43 10.04 N, warrantless arrests and whose duties ° ′ ″ 092 09 41.76 W. [Datum NAD 83]. involve the enforcement of criminal (b) Regulations. (1) In accordance with laws of the United States. the general regulations in § 165.23 of this part, entry into, transiting, or an- (3) Navigable waters of the United choring within this safety zone is pro- States means those waters defined as hibited unless authorized by the Cap- such in 33 CFR part 2. tain of the Port Duluth, or his des- (4) Public vessel means vessels owned, ignated on-scene representative. chartered, or operated by the United (2) This safety zone is closed to all States, or by a State or political sub- vessel traffic, except as may be per- division thereof. mitted by the Captain of the Port Du- (5) Michigan Law Enforcement Officer luth or his designated on-scene rep- means any regularly employed member resentative. of a Michigan police force responsible (3) The ‘‘designated on-scene rep- for the prevention and detection of resentative’’ of the Captain of the Port crime and the enforcement of the gen- is any Coast Guard commissioned, war- eral criminal laws of Michigan as de- rant or petty officer who has been des- fined in Michigan Compiled Laws sec- ignated by the Captain of the Port to tion 28.602(l)(i). act on his behalf. The on-scene rep- (b) Security zone. The following area resentative of the Captain of the Port is a security zone: All waters enclosed will be aboard either a Coast Guard or by a line connecting the following Coast Guard Auxiliary vessel. The Cap- points: 45°50.763 N: 084°43.731 W, which tain of the Port or his designated on- is the northwest corner; thence east to scene representative may be contacted 45°50.705 N: 084°43.04 W, which is the by calling Coast Guard Marine Safety northeast corner; thence south to Unit Duluth at (218) 720–5286. ° ° (4) Vessel operators desiring to enter 45 47.242 N: 084 43.634 W, which is the or operate within the safety zone shall southeast corner; thence west to ° ° contact the Captain of the Port Duluth 45 47.30 N: 084 44.320 W, which is the to obtain permission to do so. Vessel southwest corner; then north to the operators given permission to enter or point of origin. The zone described operate in the safety zone shall comply above includes all waters on either side with all directions given to them by of the Mackinac Bridge within one- the Captain of the Port Duluth or his quarter mile of the bridge. [Datum: on-scene representative. NAD 1983]. (c) Obtaining permission to enter or [CGD09–06–122, 71 FR 66112, Nov. 13, 2006] move within, the security zone: All ves- § 165.928 Security Zone; Mackinac sels must obtain permission from the Bridge, Straits of Mackinac, Michi- COTP or a Designated Representative gan. to enter or move within, the security (a) Definitions. The following defini- zone established in this section. Ves- tions apply to this section: sels with an operable Automatic Iden- (1) Designated Representative means tification System (AIS) unit should those persons designated by the Cap- seek permission from the COTP or a tain of the Port to monitor these secu- Designated Representative at least 1 rity zones, permit entry into these hour in advance. Vessels with an oper- zones, give legally enforceable orders able AIS unit may contact VTS St. to persons or vessels within these zones Marys River (Soo Traffic) on VHF and take other actions authorized by channel 12. Vessels without an operable the Captain of the Port. Persons au- AIS unit should seek permission at thorized in paragraph (e) to enforce least 30 minutes in advance. Vessels

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without an operable AIS unit may con- § 165.929 Safety Zones; Annual events tact Coast Guard Station St. Ignace on requiring safety zones in the Cap- VHF channel 16. tain of the Port Lake Michigan (d) Regulations. The general regula- zone. tions in 33 CFR part 165 subpart D, (a) Safety Zones. The following areas apply to any vessel or person in the are designated safety zones: navigable waters of the United States (1) St. Patrick’s Day Fireworks; to which this section applies. No per- Manitowoc, WI—(i) Location. All waters son or vessel may enter the security of the Manitowoc River and Manitowoc zone established in this section unless Harbor, near the mouth of the authorized by the Captain of the Port Manitowoc River on the south shore, or his designated representatives. Ves- within the arc of a circle with a 100- sels and persons granted permission to foot radius from the fireworks launch enter the security zone shall obey all site located in position 44°05′30″ N, lawful orders or directions of the Cap- 087°39′12″ W (NAD 83). tain of the Port or his designated rep- (ii) Enforcement date and time. The resentatives. All vessels entering or third Saturday of March; 5:30 p.m. to 7 moving within the security zone must p.m. operate at speeds which are necessary (2) Michigan Aerospace Challenge Sport to maintain a safe course and which Rocket Launch; Muskegon, MI—(i) Loca- will not exceed 12 knots. tion. All waters of Muskegon Lake, (e) Enforcement. Any Coast Guard near the West Michigan Dock and Mar- commissioned, warrant or petty officer ket Corp facility, within the arc of a may enforce the rules in this section. circle with a 1500-yard radius from the In the navigable waters of the United rocket launch site located in position States to which this section applies, 43°14′21″ N, 086°15′35″ W (NAD 83). when immediate action is required and (ii) Enforcement date and time. The representatives of the Coast Guard are last Saturday of April; 8 a.m. to 4 p.m. not present or not present in sufficient (3) Tulip Time Festival Fireworks; Hol- force to provide effective enforcement land, MI—(i) Location. All waters of of this section, any Federal Law En- Lake Macatawa, near Kollen Park, forcement Officer or Michigan Law En- within the arc of a circle with a 1000- forcement Officer may enforce the foot radius from the fireworks launch rules contained in this section pursu- site in position 42°47′23″ N, 086°07′22″ W ant to 33 CFR 6.04–11. In addition, the (NAD 83). Captain of the Port may be assisted by (ii) Enforcement date and time. The other Federal, state or local agencies first Friday of May; 7 p.m. to 11 p.m. If in enforcing this section pursuant to 33 the Friday fireworks are cancelled due CFR 6.04–11. to inclement weather, then this section (f) Exemption. Public vessels as de- will be enforced on the first Saturday fined in paragraph (a) of this section of May; 7 p.m. to 11 p.m. are exempt from the requirements in (4) Rockets for Schools Rocket Launch; this section. Sheboygan, WI—(i) Location. All waters (g) Waiver. For any vessel, the Cap- of Lake Michigan and Sheboygan Har- tain of the Port Sault Ste. Marie may bor, near the Sheboygan South Pier, waive any of the requirements of this within the arc of a circle with a 1500- section, upon finding that operational yard radius from the rocket launch site conditions or other circumstances are located with its center in position such that application of this section is 43°44′55″ N, 087°41′52″ W (NAD 83). unnecessary or impractical for the pur- (ii) Enforcement date and time. The pose of port security, safety or environ- first Saturday of May; 8 a.m. to 5 p.m. mental safety. (5) Celebrate De Pere; De Pere, WI—(i) (h) Enforcement period. This rule will Location. All waters of the Fox River, be enforced Labor Day of each year; 6 near Voyageur Park, within the arc of a.m. (local) to 11:59 p.m. (midnight) a circle with a 500-foot radius from the (local). fireworks launch site located in posi- [CGD09–06–019, 71 FR 45389, Aug. 9, 2006] tion 44°27′10″ N, 088°03′50″ W (NAD 83).

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(ii) Enforcement date and time. The within the arc of a circle with a 500- Sunday before Memorial Day; 8:30 p.m. foot radius from the fireworks launch to 10 p.m. site located in position 44°37′43″ N, (6) [Reserved] 086°14′27″ W (NAD 83). (7) River Splash; Milwaukee, WI—(i) (ii) Enforcement date and time. The Location. All waters of the Milwaukee last Saturday of June; 9 p.m. to 11 p.m. River, near Pere Marquette Park, with- (13) [Reserved] in the arc of a circle with a 300-foot ra- (14) Pentwater July Third Fireworks; dius from the fireworks launch site lo- Pentwater, MI—(i) Location. All waters cated on a barge in position 43°02′32″ N, of Lake Michigan and the Pentwater 087°54′45″ W (NAD 83). Channel within the arc of a circle with (ii) Enforcement date and time. The a 1000-foot radius from the fireworks first Friday and Saturday of June; 9 launch site located in position 43°46′57″ p.m. to 11 p.m. each day. ° ′ ″ (8) International Bayfest; Green Bay, N, 086 26 38 W (NAD 83). WI—(i) Location. All waters of the Fox (ii) Enforcement date and time. July 3; River, near the Western Lime Company 9 p.m. to 11 p.m. If the July 3 fireworks 1.13 miles above the head of the Fox are cancelled due to inclement weath- River, within the arc of a circle with a er, then this section will be enforced 1000-foot radius from the fireworks July 4; 9 p.m. to 11 p.m. launch site located in position 44°31′24″ (15) Taste of Chicago Fireworks; Chi- N, 088°00′42″ W (NAD 83). cago IL—(i) Location. All waters of (ii) Enforcement date and time. The Monroe Harbor and all waters of Lake second Friday of June; 9 p.m. to 11 p.m. Michigan bounded by a line drawn from (9) Harborfest Music and Family Fes- 41°53′24″ N, 087°35′59″ W; then east to tival; Racine, WI—(i) Location. All wa- 41°53′15″ N, 087°35′26″ W; then south to ters of Lake Michigan and Racine Har- 41°52′49″ N, 087°35′26″ W; then southwest bor, near the Racine Launch Basin En- to 41°52′27″ N, 087°36′37″ W; then north trance Light, within the arc of a circle to 41°53′15″ N, 087°36′33″ W; then east re- with a 200-foot radius from the fire- turning to the point of origin. (NAD 83) works launch site located in position (ii) Enforcement date and time. July 3; 42°43′43″ N, 087°46′40″ W (NAD 83). 9 p.m. to 11 p.m. If the July 3 fireworks (ii) Enforcement date and time. Friday are cancelled due to inclement weath- and Saturday of the third complete er, then this section will be enforced weekend of June; 9 p.m. to 11 p.m. each July 4; 9 p.m. to 11 p.m. day. (16) U.S. Bank Fireworks; Milwaukee, (10) Jordan Valley Freedom Festival WI—(i) Location. All waters of Mil- Fireworks; East Jordan, MI—(i) Location. waukee Harbor, in the vicinity of Vet- All waters of Lake Charlevoix, near the erans Park, within the arc of a circle City of East Jordan, within the arc of with a 1000-foot radius from the fire- a circle with a 1000-foot radius from the works launch site located on a barge in fireworks launch site in position position 43°02′27″ N, 087°53′45″ W (NAD 45°09′18″ N, 085°07′48″ W (NAD 83). 83). (ii) Enforcement date and time. Satur- (ii) . July 3; day of the third weekend of June; 9 Enforcement date and time p.m. to 11 p.m. 9 p.m. to 11 p.m. If the July 3 fireworks (11) Spring Lake Heritage Festival Fire- are cancelled due to inclement weath- works; Spring Lake, MI—(i) Location. All er, then this section will be enforced waters of the Grand River, near buoy July 4; 9 p.m. to 11 p.m. 14A, within the arc of a circle with a (17) National Cherry Festival Fourth of 500-foot radius from the fireworks July Celebration Fireworks; Traverse City, launch site located on a barge in posi- MI—(i) Location. All waters of the West tion 43°04′24″ N, 086°12′42″ W (NAD 83). Arm of Grand Traverse Bay within the (ii) Enforcement date and time. The arc of a circle with a 1000-foot radius third Saturday of June; 9 p.m. to 11 from the fireworks launch site located p.m. on a barge in position 44°46′12″ N, (12) Elberta Solstice Festival Fireworks; 085°37′06″ W (NAD 83). Elberta, MI—(i) Location. All waters of (ii) Enforcement date and time. July 4; Betsie Bay, near Waterfront Park, 9 p.m. to 11 p.m. If the July 4 fireworks

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are cancelled due to inclement weath- circle with a 1000-foot radius from the er, then this section will be enforced fireworks launch site located in posi- July 5; 9 p.m. to 11 p.m. tion 44°14′51″ N, 086°20′46″ W (NAD 83) (18) Harbor Springs Fourth of July Cele- (ii) Enforcement date and time. July 3; bration Fireworks; Harbor Springs, MI— 9 p.m. to 11 p.m. If the July 3 fireworks (i) Location. All waters of Lake Michi- are cancelled due to inclement weath- gan and Harbor Springs Harbor within er, then this section will be enforced the arc of a circle with a 1000-foot ra- July 4; 9 p.m. to 11 p.m. dius from the fireworks launch site lo- (23) Frankfort Independence Day Fire- ° ′ ″ cated on a barge in position 45 25 30 N, works; Frankfort, MI—(i) Location. All 084°59′06″ W (NAD 83). waters of Lake Michigan and Frankfort (ii) Enforcement date and time. July 4; Harbor, in the vicinity of the north 9 p.m. to 11 p.m. If the July 4 fireworks breakwater, within the arc of a circle are cancelled due to inclement weath- with a 1000-foot radius from the fire- er, then this section will be enforced July 5; 9 p.m. to 11 p.m. works launch site located in position ° ′ ″ ° ′ ″ (19) Bay Harbor Yacht Club Fourth of 44 38 00 N, 086 14 50 W (NAD 83). July Celebration Fireworks; Petoskey, (ii) Enforcement date and time. July 4; MI—(i) Location. All waters of Lake 9 p.m. to 11 p.m. If the July 4 fireworks Michigan and Bay Harbor Lake within are cancelled due to inclement weath- the arc of a circle with a 500-foot radius er, then this section will be enforced from the fireworks launch site located July 5; 9 p.m. to 11 p.m. on a barge in position 45°21′50″ N, (24) Freedom Festival Fireworks; 085°01′37″ W (NAD 83). Ludington, MI—(i) Location. All waters (ii) Enforcement date and time. July 3; of Lake Michigan and Ludington Har- 9 p.m. to 11 p.m. If the July 3 fireworks bor, in the vicinity of the Loomis are cancelled due to inclement weath- Street Boat Ramp, within the arc of a er, then this section will be enforced circle with a 1000-foot radius from the July 4; 9 p.m. to 11 p.m. fireworks launch site located in posi- (20) Petoskey Fourth of July Celebration tion 43°57′16″ N, 086°27′42″ W (NAD 83). Fireworks; Petoskey, MI—(i) Location. (ii) Enforcement date and time. July 4; All waters of Lake Michigan and 9 p.m. to 11 p.m. If the July 4 fireworks Petoskey Harbor, in the vicinity of Bay are cancelled due to inclement weath- Front Park, within the arc of a circle er, then this section will be enforced with a 1000-foot radius from the fire- July 5; 9 p.m. to 11 p.m. works launch site located in position (25) White Lake Independence Day ° ′ ″ ° ′ ″ 45 22 40 N, 084 57 30 W (NAD 83). Fireworks; Montague, MI—(i) Location. (ii) Enforcement date and time. July 4; All waters of White Lake, in the vicin- 9 p.m. to 11 p.m. If the July 4 fire works ity of the Montague boat launch, with- are cancelled due to inclement weath- in the arc of a circle with a 1000-foot er, then this section will be enforced radius from the fireworks launch site July 5; 9 p.m. to 11 p.m. located in position 43°24′33″ N, 086°21′28″ (21) Boyne City Fourth of July Celebra- W (NAD 83). tion Fireworks; Boyne City, MI—(i) Loca- (ii) July 4; tion. All waters of Lake Charlevoix, in Enforcement date and time. the vicinity of Veterans Park, within 9 p.m. to 11 p.m. If the July 4 fireworks the arc of a circle with a 1400-foot ra- are cancelled due to inclement weath- dius from the fireworks launch site lo- er, then this section will be enforced cated in position 45°13′30″ N, 085°01′40″ W July 5; 9 p.m. to 11 p.m. (NAD 83). (26) Muskegon Summer Celebration July (ii) Enforcement date and time. July 4; Fourth Fireworks; Muskegon, MI—(i) Lo- 9 p.m. to 11 p.m. If the July 4 fireworks cation. All waters of Muskegon Lake, in are cancelled due to inclement weath- the vicinity of Heritage Landing, with- er, then this section will be enforced in the arc of a circle with a 1000-foot July 5; 9 p.m. to 11 p.m. radius from a fireworks launch site lo- (22) Independence Day Fireworks; cated on a barge in position 43°14′00″ N, Manistee, MI—(i) Location. All waters of 086°15′50″ W (NAD 83). Lake Michigan, in the vicinity of the (ii) Enforcement date and time. July 4; First Street Beach, within the arc of a 9 p.m. to 11 p.m. If the July 4 fireworks

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are cancelled due to inclement weath- (ii) Enforcement date and time. July 4; er, then this section will be enforced 9 p.m. to 11 p.m. If the July 4 fireworks July 5; 9 p.m. to 11 p.m. are cancelled due to inclement weath- (iii) Impact on Special Anchorage Area er, then this section will be enforced regulations: Regulations for that por- July 5; 9 p.m. to 11 p.m. tion of the Muskegon Lake East Spe- (31) South Haven Fourth of July Fire- cial Anchorage Area, as described in 33 works; South Haven, MI. (i) Location. All CFR 110.81(b), which are overlapped by waters of Lake Michigan and the Black this regulation, are suspended during River within the arc of a circle with a this event. The remaining area of the 1000-foot radius from the fireworks Muskegon Lake East Special Anchor- launch site located in position 42°24′08″ age Area not impacted by this regula- N, 086°17′03″ W (NAD 83). tion remains available for anchoring (ii) Enforcement date and time. July 4; during this event. 9 p.m. to 11 p.m. If the July 4 fireworks (27) Grand Haven Jaycees Annual are cancelled due to inclement weath- Fourth of July Fireworks; Grand Haven, er, then this section will be enforced MI. (i) Location. All waters of The July 5; 9 p.m. to 11 p.m. Grand River between longitude (32) St. Joseph Fourth of July Fire- 087°14′00″ W, near The Sag, then west to works; St. Joseph, MI. (i) Location. All longitude 087°15′00″ W, near the west waters of Lake Michigan and the St. end of the south pier (NAD 83). Joseph River within the arc of a circle (ii) Enforcement date and time. July 4; with a 1000-foot radius from the fire- 9 p.m. to 11 p.m. If the July 4 fireworks works launch site located in position are cancelled due to inclement weath- 42°06′48″ N, 086°29′5″ W (NAD 83). er, then this section will be enforced (ii) Enforcement date and time. July 4; July 5; 9 p.m. to 11 p.m. 9 p.m. to 11 p.m. If the July 4 fireworks (28) Celebration Freedom Fireworks; are cancelled due to inclement weath- Holland, MI. (i) Location. All waters of er, then this section will be enforced Lake Macatawa, in the vicinity of July 5; 9 p.m. to 11 p.m. Kollen Park, within the arc of a circle (33) Town of Dune Acres Independence with a 1000-foot radius from the fire- Day Fireworks; Dune Acres, IN. (i) Loca- works launch site located in position tion. All waters of Lake Michigan with- 42°47′23″ N, 086°07′22″ W (NAD 83). in the arc of a circle with a 1000-foot (ii) Enforcement date and time. July 4, radius from the fireworks launch site 2007; 9 p.m. to 11 p.m. Thereafter this located in position 41°39′23″ N, 087°04′59″ section will be enforced the Saturday W (NAD 83). prior to July 4; 9 p.m. to 11 p.m. If the (ii) Enforcement date and time. July 4; fireworks are cancelled due to inclem- 9 p.m. to 11 p.m. If the July 4 fireworks ent weather, then this section will be are cancelled due to inclement weath- enforced the Sunday prior to July 4; 9 er, then this section will be enforced p.m. to 11 p.m. July 5; 9 p.m. to 11 p.m. (29) Van Andel Fireworks Show, Hol- (34) Gary Fourth of July Fireworks; land, MI. (i) Location. All waters of Gary, IN. (i) Location. All waters of Lake Michigan and the Holland Chan- Lake Michigan, approximately 2.5 nel within the arc of a circle with a miles east of Gary Harbor, within the 1000-foot radius from the fireworks arc of a circle with a 500-foot radius launch site located in position 42°46′21″ from the fireworks launch site located N, 086°12′48″ W (NAD 83). in position 41°37′19″ N, 087°14′31″ W (ii) Enforcement date and time. July 3; (NAD 83). 9 p.m. to 11 p.m. If the July 3 fireworks (ii) Enforcement date and time. July 4; are cancelled due to inclement weath- 9 p.m. to 11 p.m. If the July 4 fireworks er, then this section will be enforced are cancelled due to inclement weath- July 4; 9 p.m. to 11 p.m. er, then this section will be enforced (30) Independence Day Fireworks; July 5; 9 p.m. to 11 p.m. Saugatuck, MI. (i) Location. All waters (35) Joliet Independence Day Celebra- of Kalamazoo Lake within the arc of a tion Fireworks; Joliet, IL. (i) Location. circle with a 1000-foot radius from the All waters of the Des Plains River, at fireworks launch site in position mile 288, within the arc of a circle with 42°38′52″ N, 086°12′18″ W (NAD 83). a 500-foot radius from the fireworks

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launch site located in position 41°31′31″ bor, in the vicinity of North Beach, N, 088°05′15″ W (NAD 83). within the arc of a circle with a 1000- (ii) Enforcement date and time. July 3; foot radius from the fireworks launch 9 p.m. to 11 p.m. If the July 3 fireworks site located in position 42°44′17″ N, are cancelled due to inclement weath- 087°46′42″ W (NAD 83). er, then this section will be enforced (ii) Enforcement date and time. July 4; July 4; 9 p.m. to 11 p.m. 9 p.m. to 11 p.m. If the July 4 fireworks (36) Glencoe Fourth of July Celebration are cancelled due to inclement weath- Fireworks; Glencoe, IL. (i) Location. All er, then this section will be enforced waters of Lake Michigan, in the vicin- July 5; 9 p.m. to 11 p.m. ity of Lake Front Park, within the arc (41) Sheboygan Fourth of July Celebra- of a circle with a 500-foot radius from tion Fireworks; Sheboygan, WI. (i) Loca- the fireworks launch site located in po- tion. All waters of Lake Michigan and sition 42°08′17″ N, 087°44′55″ W (NAD 83). Sheboygan Harbor, in the vicinity of (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the July 4 fireworks the south pier, within the arc of a cir- are cancelled due to inclement weath- cle with a 1000-foot radius from the er, then this section will be enforced fireworks launch site located in posi- ° ′ ″ ° ′ ″ July 5; 9 p.m. to 11 p.m. tion 43 44 55 N, 087 41 51 W (NAD 83). (37) Lakeshore Country Club Independ- (ii) Enforcement date and time. July 4; ence Day Fireworks; Glencoe, IL. (i) Lo- 9 p.m. to 11 p.m. If the July 4 fireworks cation. All waters of Lake Michigan are cancelled due to inclement weath- within the arc of a circle with a 1000- er, then this section will be enforced foot radius from the fireworks launch July 5; 9 p.m. to 11 p.m. site located in position 42°08′27″ N, (42) Manitowoc Independence Day Fire- 087°44′57″ W (NAD 83). works; Manitowoc, WI. (i) Location. All (ii) Enforcement date and time. July 4; waters of Lake Michigan and 9 p.m. to 11 p.m. If the July 4 fireworks Manitowoc Harbor, in the vicinity of are cancelled due to inclement weath- south breakwater, within the arc of a er, then this section will be enforced circle with a 1000-foot radius from the July 5; 9 p.m. to 11 p.m. fireworks launch site located in posi- (38) Shore Acres Country Club Inde- tion 44°05′24″ N, 087°38′45″ W (NAD 83). pendence Day Fireworks; Lake Bluff, IL. (ii) Enforcement date and time. July 4; (i) Location. All waters of Lake Michi- 9 p.m. to 11 p.m. If the July 4 fireworks gan, approximately one mile north of are cancelled due to inclement weath- Lake Bluff, IL, within the arc of a cir- er, then this section will be enforced cle with a 1000-foot radius from the July 5; 9 p.m. to 11 p.m. fireworks launch site located in posi- (43) Sturgeon Bay Independence Day tion 42°17′59″ N, 087°50′03″ W (NAD 83). Fireworks; Sturgeon Bay, WI. (i) Loca- (ii) Enforcement date and time. July 4; tion. All waters of Sturgeon Bay, in the 9 p.m. to 11 p.m. If the July 4 fireworks vicinity of Sunset Park, within the arc are cancelled due to inclement weath- of a circle with a 1000-foot radius from er, then this section will be enforced the fireworks launch site located on a July 5; 9 p.m. to 11 p.m. barge in position 44°50′37″ N, 087°23′18″ (39) Kenosha Independence Day Fire- works; Kenosha, WI. (i) Location. All wa- W (NAD 83). ters of Lake Michigan and Kenosha (ii) Enforcement date and time. July 4; Harbor within the arc of a circle with 9 p.m. to 11 p.m. If the July 4 fireworks a 1000-foot radius from the fireworks are cancelled due to inclement weath- launch site located in position 42°35′17″ er, then this section will be enforced N, 087°48′27″ W (NAD 83). July 5; 9 p.m. to 11 p.m. (ii) Enforcement date and time. July 4; (44) Fish Creek Independence Day Fire- 9 p.m. to 11 p.m. If the July 4 fireworks works; Fish Creek, WI. (i) Location. All are cancelled due to inclement weath- waters of Green Bay, in the vicinity of er, then this section will be enforced Fish Creek Harbor, within the arc of a July 5; 9 p.m. to 11 p.m. circle with a 1000-foot radius from the (40) Fourthfest of Greater Racine Fire- fireworks launch site located on a works; Racine, WI. (i) Location. All wa- barge in position 45°07′52″ N, 087°14′37″ ters of Lake Michigan and Racine Har- W (NAD 83).

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(ii) Enforcement date and time. The cial Anchorage Area, as described in 33 first Saturday after July 4; 9 p.m. to 11 CFR 110.81(b), which are overlapped by p.m. this regulation, are suspended during (45) Celebrate Americafest Fireworks; this event. The remaining area of the Green Bay, WI. (i) Location. All waters Muskegon Lake East Special Anchor- of the Fox River between the railroad age Area is not impacted by this regu- bridge located 1.03 miles above the lation and remains available for an- mouth of the Fox River and the Main choring during this event. Street Bridge located 1.58 miles above (50) National Cherry Festival Air Show; the mouth of the Fox River, including Traverse City, MI. (i) Location. All wa- all waters of the turning basin east to ters of the West Arm of Grand Traverse the mouth of the East River. Bay bounded by a line drawn from (ii) Enforcement date and time. July 4; 44°46′48″ N, 085°38′18″ W, then southeast 9 p.m. to 11 p.m. If the July 4 fireworks to 44°46′30″ N, 085°35′30″ W, then south- are cancelled due to inclement weath- west to 44°46′00″ N, 085°35′48″ W, then er, then this section will be enforced northwest to 44°46′30″ N, 085°38′30″ W, July 5; 9 p.m. to 11 p.m. then back to the point of origin (NAD (46) Marinette Fourth of July Celebra- 83). tion Fireworks; Marinette, WI. (i) Loca- (ii) Enforcement date and time. Friday, tion. All waters of the Menominee Saturday, and Sunday of the first com- River, in the vicinity of Stephenson Is- plete weekend of July; 12 noon to 4 land, within the arc of a circle with a p.m. each day. 1000-foot radius from the fireworks (51) National Cherry Festival Finale launch site located in position 45°06′09″ Fireworks; Traverse City, MI. (i) Loca- N, 087°37′39″ W and all waters located tion. All waters and adjacent shoreline between the Highway U.S. 41 bridge of the West Arm of Grand Traverse Bay and the Hattie Street Dam (NAD 83). within the arc of a circle with a 1000- (ii) Enforcement date and time. July 4; foot radius from the fireworks launch 9 p.m. to 11 p.m. If the July 4 fireworks site located on a barge in position are cancelled due to inclement weath- ° ′ ″ ° ′ ″ er, then this section will be enforced 44 46 12 N, 085 37 06 W (NAD 83). July 5; 9 p.m. to 11 p.m. (ii) Enforcement date and time. The (47) Evanston Fourth of July Fireworks; second Saturday of July; 9 p.m. to 11 Evanston, IL. (i) Location. All waters of p.m. Lake Michigan, in the vicinity of Cen- (52) Gary Air and Water Show; Gary, tennial Park Beach, within the arc of a IN—(i) Location. All waters of Lake circle with a 500-foot radius from the Michigan bounded by a line drawn from fireworks launch site located in posi- 41°37′42″ N, 087°16′38″ W; then east to tion 42°02′56″ N, 087°40′21″ W (NAD 83). 41°37′54″ N, 087°14′00″ W; then south to (ii) Enforcement date and time. July 4; 41°37′30″ N, 087°13′56″ W; then west to 9 p.m. to 11 p.m. If the July 4 fireworks 41°37′17″ N, 087°16′36″ W; then north re- are cancelled due to inclement weath- turning to the point of origin. (NAD 83) er, then this section will be enforced (ii) Enforcement date and time. Friday, July 5; 9 p.m. to 11 p.m. Saturday, and Sunday of the second (48) [Reserved] weekend of July; from 8 a.m. to 6 p.m. (49) Muskegon Summer Celebration each day. Fireworks; Muskegon, MI. (i) Location. (53) Milwaukee Air Expo, Milwaukee, All waters of Muskegon Lake, in the WI. (i) Location. All waters Lake Michi- vicinity of Heritage Landing, within gan and Milwaukee Harbor located the arc of a circle with a 1000-foot ra- within a 4000-yard by 1000-yard rec- dius from a fireworks barge located in tangle with its major axis bearing ap- position 43°14′00″ N, 086°15′50″ W (NAD proximately 030°T located in the north- 83). ern half of Milwaukee Harbor and (ii) Enforcement date and time. The along the north shore of Milwaukee Sunday following July 4; 9 p.m. to 11 bounded by the points beginning at p.m. 43°01′36″ N, 087°53′02″ W; then northeast (iii) Impact on Special Anchorage Area to 43°03′20″ N, 087°51′40″ W; then north- regulations: Regulations for that por- west to 43°03′35″ N, 087°52′16″ W; then tion of the Muskegon Lake East Spe- southwest to 43°01′51″ N, 087°53′38″ W;

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the back to the point of origin (NAD (ii) Enforcement date and time. Satur- 83). day of the third complete weekend of (ii) Enforcement date and time. Friday, July; 9 p.m. to 11 p.m. Saturday, and Sunday of the second (59) Joliet Waterway Daze Fireworks; weekend of July; from 1 p.m. to 5 p.m. Joliet, IL. (i) Location. All waters of the each day. Des Plaines River, at mile 287.5, within (54) Annual Trout Festival Fireworks; the arc of a circle with a 300-foot radius Kewaunee, WI. (i) Location. All waters from the fireworks launch site located of Kewaunee Harbor and Lake Michi- in position 41°31′15″ N, 088°05′17″ W gan within the arc of a circle with a (NAD 83). 1000-foot radius from the fireworks (ii) Enforcement date and time. Friday launch site located in position 44°27′29″ N, 087°29′45″ W (NAD 83). and Saturday of the third complete (ii) Enforcement date and time. Friday weekend of July; 9 p.m. to 11 p.m. each of the second complete weekend of day. July; 9 p.m. to 11 p.m. (60) Charlevoix Venetian Festival Fri- (55) Michigan City Summerfest Fire- day Night Fireworks; Charlevoix, MI. (i) works; Michigan City, IN. (i) Location. Location. All waters of Lake All waters of Michigan City Harbor and Charlevoix, in the vicinity of Depot Lake Michigan within the arc of a cir- Beach, within the arc of a circle with a cle with a 1000-foot radius from the 1000-foot radius from the fireworks fireworks launch site located in posi- launch site located on a barge in position 41°43′42″ N, 086°54′37″ W (NAD 83). tion 45°19′08″ N, 085°14′18″ W (NAD 83). (ii) Enforcement date and time. July 15, (ii) Enforcement date and time. Friday 2007, and thereafter the Sunday of the of the fourth weekend of July; 9 p.m. to first complete weekend of July; 9 p.m. 11 p.m. to 11 p.m. (61) EAA Airventure; Oshkosh, WI. (i) (56) Port Washington Fish Day Fire- Location. All waters of Lake Winnebago works; Port Washington, WI. (i) Location. bounded by a line drawn from 43°57′30″ All waters of Port Washington Harbor N, 088°30′00″ W; then south to 43°56′56″ and Lake Michigan, in the vicinity of N, 088°29′53″ W, then east to 43°56′40″ N, the WE Energies coal dock, within the 088°28′40″ W; then north to 43°57′30″ N, arc of a circle with a 1000-foot radius ° ′ ″ from the fireworks launch site located 088 28 40 W; then west returning to the in position 43°23′07″ N, 087°51′54″ W point of origin (NAD 83). (NAD 83). (ii) Enforcement date and time. The (ii) Enforcement date and time. The last complete week of July, beginning third Saturday of July; 9 p.m. to 11 Monday and ending Sunday; from 8 p.m. a.m. to 8 p.m. each day. (57) Bay View Lions Club South Shore (62) Charlevoix Venetian Festival Satur- Frolics Fireworks; Milwaukee, WI. (i) Lo- day Night Fireworks; Charlevoix, MI. (i) cation. All waters of Milwaukee Harbor Location. All waters of Round Lake and Lake Michigan, in the vicinity of within the arc of a circle with a 300- South Shore Park, within the arc of a foot radius from the fireworks launch circle with a 500-foot radius from the site located on a barge in position fireworks launch site in position 45°19′03″ N, 085°15′18″ W (NAD 83). ° ′ ″ ° ′ ″ 42 59 42 N, 087 52 52 W (NAD 83). (ii) Enforcement date and time. Satur- (ii) Enforcement date and time. Friday, day of the fourth weekend of July; 9 Saturday, and Sunday of the second or p.m. to 11 p.m. third weekend of July; 9 p.m. to 11 p.m. (63) Venetian Night Fireworks; each day. Saugatuck, MI. (i) Location. All waters (58) Venetian Festival Fireworks; St. Jo- seph, MI. (i) Location. All waters of of Kalamazoo Lake within the arc of a Lake Michigan and the St. Joseph circle with a 500-foot radius from the River, near the east end of the south fireworks launch site located on a pier, within the arc of a circle with a barge in position 42°38′52″ N, 086°12′18″ 1000-foot radius from the fireworks W (NAD 83) launch site located in position 42°06′48″ (ii) Enforcement date and time. The N, 086°29′15″ W (NAD 83). last Saturday of July; 9 p.m. to 11 p.m.

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(64) Roma Lodge Italian Festival Fire- of Grand Traverse Bay, in the vicinity works; Racine, WI. (i) Location. All wa- of Edward G. Grace Memorial Park, ters of Lake Michigan and Racine Har- within the arc of a circle with a 1000- bor within the arc of a circle with a foot radius from the fireworks launch 1000-foot radius from the fireworks site located in position 44°53′58″ N, launch site located in position 42°44′04″ 085°25′04″ W (NAD 83). N, 087°46′20″ W (NAD 83). (ii) Enforcement date and time. The (ii) Enforcement date and time. Friday first Saturday of August; 9 p.m. to 11 and Saturday of the last complete p.m. weekend of July; 9 p.m. to 11 p.m. (71) Hammond Marina Venetian Night (65) Venetian Night Fireworks; Chicago, Fireworks; Hammond, IN. (i) Location. IL—(i) Location. All waters of Monroe All waters of Hammond Marina and Harbor and all waters of Lake Michi- Lake Michigan within the arc of a cir- gan bounded by a line drawn from cle with a 1000-foot radius from the 41°53′03″ N, 087°36′36″ W; then east to fireworks launch site located in posi- 41°53′03″ N, 087°36′21″ W; then south to tion 41°41′53″ N, 087°30′43″ W (NAD 83). 41°52′27″ N, 087°36′21″ W; then west to (ii) Enforcement date and time. The 41°52′27″ N, 087°36′37″ W; then north re- first Saturday of August; 9 p.m. to 11 turning to the point of origin (NAD 83). p.m. (ii) Enforcement date and time. Satur- (72) North Point Marina Venetian Fes- day of the last weekend of July; 9 p.m. tival Fireworks; Winthrop Harbor, IL. (i) to 11 p.m. Location. All waters of Lake Michigan (66) Port Washington Maritime Heritage within the arc of a circle with a 1000- Festival Fireworks; Port Washington, WI. foot radius from the fireworks launch (i) Location. All waters of Port Wash- site located in position 42°28′55″ N, ington Harbor and Lake Michigan, in 087°47′56″ W (NAD 83). the vicinity of the WE Energies coal (ii) Enforcement date and time. The dock, within the arc of a circle with a second Saturday of August; 9 p.m. to 11 1000-foot radius from the fireworks p.m. launch site located in position 43°23′07″ (73) Waterfront Festival Fireworks; Me- N, 087°51′54″ W (NAD 83). nominee MI. (i) Location. All waters of (ii) Enforcement date and time. Satur- Green Bay, in the vicinity of Menom- day of the last complete weekend of inee Marina, within the arc of a circle July or the second weekend of August; with a 1000-foot radius from a fireworks 9 p.m. to 11 p.m. barge in position 45°06′17″ N, 087°35′48″ (67) [Reserved] W (NAD 83). (68) Grand Haven Coast Guard Festival (ii) Enforcement date and time. Satur- Fireworks; Grand Haven, MI. (i) Loca- day following first Thursday in August; tion. All waters of the Grand River be- 9 p.m. to 11 p.m. tween longitude 087°14′00″ W, near The (74) Ottawa Riverfest Fireworks; Ot- Sag, then west to longitude 087°15′00″ tawa, IL. (i) Location. All waters of the W, near the west end of the south pier Illinois River, at mile 239.7, within the (NAD 83). arc of a circle with a 300-foot radius (ii) Enforcement date and time. First from the fireworks launch site located weekend of August; 9 p.m. to 11 p.m. in position 41°20′29″ N, 088°51′20″ W (69) Sturgeon Bay Yacht Club Evening (NAD 83). on the Bay Fireworks; Sturgeon Bay, WI. (ii) Enforcement date and time. The (i) Location. All waters of Sturgeon first Sunday of August; 9 p.m. to 11 Bay, in the vicinity of the Sturgeon p.m. Bay Yacht Club, within the arc of a cir- (75) Algoma Shanty Days Fireworks; cle with a 500-foot radius from the fire- Algoma WI. (i) Location. All waters of works launch site located on a barge in Lake Michigan and Algoma Harbor position 44°49′33″ N, 087°22′26″ W (NAD within the arc of a circle with a 1000- 83). foot radius from the fireworks launch (ii) Enforcement date and time. The site located in position 44°36′24″ N, first Saturday of August; 9 p.m. to 11 087°25′54″ W (NAD 83). p.m. (ii) Enforcement date and time. Sunday (70) Elk Rapids Harbor Days Fireworks; of the second complete weekend of Au- Elk Rapids, MI. (i) Location. All waters gust; 9 p.m. to 11 p.m.

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(76) New Buffalo Ship and Shore Fes- Street Bridge at 41°39′27″ N, 087°38′29″ tival Fireworks; New Buffalo, MI. (i) Lo- W; to the Crawford Avenue Bridge at cation. All waters of Lake Michigan 41°39′05″ N, 087°43′08″ W; and the Little and New Buffalo Harbor within the arc Calumet River from the Ashland Ave- of a circle with a 1000-foot radius from nue Bridge at 41°39′7″ N, 087°39′38″ W; to the fireworks launch site located in po- the junction of the Calumet Sag Chan- sition 41°48′09″ N, 086°44′49″ W (NAD 83). nel at 41°39′23″ N, 087°39′ W (NAD 83). (ii) Enforcement date and time. The (ii) Enforcement date and time. The second Sunday of August; 9 p.m. to 11 first Saturday of May; 6:30 a.m. to 5 p.m. p.m. (77) Pentwater Homecoming Fireworks; (83) World War II Beach Invasion Re- Pentwater, MI. (i) Location. All waters enactment; St. Joseph, MI—(i) Location. of Lake Michigan and the Pentwater All waters of Lake Michigan in the vi- Channel within the arc of a circle with cinity of Tiscornia Park in St. Joseph, a 1000-foot radius from the fireworks MI beginning at 42°06.55 N, 086°29.23 W; launch site located in position then west/northwest along the north 43°46′56.5″ N, 086°26′38″ W (NAD 83). breakwater to 42°06.59 N, 086°29.41 W; (ii) Enforcement date and time. Satur- the northwest 100 yards to 42°07.01 N, day following the second Thursday of 086°29.44 W; then northeast 2,243 yards August; 9 p.m. to 11 p.m. to 42°07.50 N, 086°28.43 W; the southeast (78) Chicago Air and Water Show; Chi- to the shoreline at 42°07.39 N, 086°28.27 cago, IL. (i) Location. All waters and ad- W; then southwest along the shoreline jacent shoreline of Lake Michigan and to the point of origin (NAD 83). Chicago Harbor bounded by a line (ii) Enforcement date and time. The drawn from 41°55′54″ N at the shoreline, third Saturday of June; 8 a.m. to 2 p.m. then east to 41°55′54″ N, 087°37′12″ W, (b) Definitions. The following defini- then southeast to 41°54′00″ N, 087°36′00″ tions apply to this section: W (NAD 83), then southwestward to the (1) Designated representative means northeast corner of the Jardine Water any Coast Guard commissioned, war- Filtration Plant, then due west to the rant, or petty officer designated by the shore. Captain of the Port Lake Michigan to (ii) Enforcement date and time. The monitor this safety zone, permit entry third Thursday, Friday, Saturday, and into this zone, give legally enforceable Sunday of August; from 9 a.m. to 6 p.m. orders to persons or vessels within this each day. zones and take other actions author- (79) [Reserved] ized by the Captain of the Port. (80) Downtown Milwaukee BID 21 Fire- (2) Public vessel means vessels works; Milwaukee, WI. (i) Location. All owned, chartered, or operated by the waters of the Milwaukee River between United States, or by a State or polit- the Kilbourn Avenue Bridge at 1.7 ical subdivision thereof. miles above the Milwaukee Pierhead (c) Regulations. (1) The general regu- Light to the State Street Bridge at 1.79 lations in 33 CFR 165.23 apply. miles above the Milwaukee Pierhead (2) All persons and vessels must com- Light. ply with the instructions of the Coast (ii) Enforcement date and time. The Guard Captain of the Port or a des- third Thursday of November; 6 p.m. to ignated representative. Upon being 8 p.m. hailed by the U.S. Coast Guard by (81) New Years Eve Fireworks; Chicago, siren, radio, flashing light or other IL. (i) Location. All waters of Monroe means, the operator of a vessel shall Harbor and Lake Michigan within the proceed as directed. arc of a circle with a 1000-foot radius (3) All vessels must obtain permis- from the fireworks launch site located sion from the Captain of the Port or a on a barge in position 41°52′41″ N, designated representative to enter, 087°36′37″ W (NAD 83). move within or exit the safety zone es- (ii) Enforcement date and time. Decem- tablished in this section when this ber 31; 11 p.m. to January 1; 1 a.m. safety zone is enforced. Vessels and (82) Cochrane Cup; Blue Island, IL—(i) persons granted permission to enter Location. All waters of the Calumet Sag the safety zone shall obey all lawful or- Channel from the South Halstead ders or directions of the Captain of the

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Port or a designated representative. (2) All persons and vessels must com- While within a safety zone, all vessels ply with the instructions of the Coast shall operate at the minimum speed Guard Captain of the Port or a des- necessary to maintain a safe course. ignated representative. Upon being (d) Suspension of Enforcement. If the hailed by the U.S. Coast Guard by event concludes earlier than scheduled, siren, radio, flashing light or other the Captain of the Port or a designated means, the operator of a vessel shall representative will issue a Broadcast proceed as directed. Notice to Mariners notifying the public (3) All vessels must obtain permis- when enforcement of the safety zone sion from the Captain of the Port or a established by this section is sus- designated representative to enter, pended. (e) Exemption. Public vessels as de- move within or exit the safety zone es- fined in paragraph (b) of this section tablished in this section when this are exempt from the requirements in safety zone is enforced. Vessels and this section. persons granted permission to enter (f) Wavier. For any vessel, the Cap- the safety zone shall obey all lawful or- tain of the Port Lake Michigan or a ders or directions of the Captain of the designated representative may waive Port or a designated representative. any of the requirements of this section, While within a safety zone, all vessels upon finding that operational condi- shall operate at the minimum speed tions or other circumstances are such necessary to maintain a safe course. that application of this section is un- (d) Notice of Enforcement or Suspension necessary or impractical for the pur- of Enforcement. The safety zone estab- poses of safety or environmental safe- lished by this section will be enforced ty. only upon notice of the Captain of the [CGD09–07–005, 72 FR 32183, June 12, 2007, as Port. The Captain of the Port will amended by USCG–2010–0129, 75 FR 26652, cause notice of enforcement of the May 12, 2010] safety zone established by this section to be made by all appropriate means to § 165.931 Safety Zone, Chicago Harbor, the affected segments of the public in- Navy Pier Southeast, Chicago, IL. cluding publication in the FEDERAL (a) . The following area is a Location REGISTER as practicable, in accordance safety zone: The waters of Lake Michi- with 33 CFR 165.7(a). Such means of no- gan within Chicago Harbor between the tification may also include, but are not east end of the Chicago Lock guide limited to Broadcast Notice to Mari- wall and the Chicago Harbor break- ners or Local Notice to Mariners. The water beginning at 41°53′24″ N, 087°35′26″ W; then south to 41°53′09″ N, 087°35′26″ Captain of the Port will issue a Broad- W; then east to 41°53′09″ N, 087°36′09″ W; cast Notice to Mariners notifying the then north to 41°53′24″ N, 087°36′09″ W; public when enforcement of the safety then back to the point of origin. zone established by this section is sus- (b) Definitions. The following defini- pended. tions apply to this section: (e) Exemption. Public vessels as de- (1) Designated representative means fined in paragraph (b) of this section any Coast Guard commissioned, war- are exempt from the requirements in rant, or petty officer designated by the this section. Captain of the Port Lake Michigan to (f) Waiver. For any vessel, the Cap- monitor this safety zone, permit entry tain of the Port Lake Michigan or a into this zone, give legally enforceable designated representative may waive orders to persons or vessels within this any of the requirements of this section, zone and take other actions authorized upon finding that operational condi- by the Captain of the Port. tions or other circumstances are such (2) Public vessel means vessels owned, that application of this section is un- chartered, or operated by the United necessary or impractical for the pur- States, or by a State or political sub- poses of safety or environmental safe- division thereof. ty. (c) Regulations. (1) The general regulations in 33 CFR 165.23 apply. [CGD09–07–006, 72 FR 32521, June 13, 2007]

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§ 165.933 Safety Zone, Chicago Harbor, priate means to the affected segments Navy Pier East, Chicago, IL. of the public including publication in (a) Location. The following area is a the FEDERAL REGISTER as practicable, safety zone: The waters of Lake Michi- in accordance with 33 CFR 165.7(a). gan within Chicago Harbor between the Such means of notification may also east end of Navy Pier and the Chicago include, but are not limited to Broad- Harbor breakwater beginning at cast Notice to Mariners or Local No- 41°53′37″ N, 087°35′26″ W; then south to tice to Mariners. The Captain of the 41°53′24″ N, 087°35′26″ W; then east to Port Lake Michigan will issue a Broad- 41°53′24″ N, 087°35′55″ W; then north to cast Notice to Mariners notifying the 41°53′37″ N, 087°35′55″ W; then back to public when enforcement of the safety the point of origin. zone established by this section is sus- (b) Definitions. The following defini- pended. tions apply to this section: (e) Exemption. Public vessels as de- (1) Designated representative means fined in paragraph (b) of this section any Coast Guard commissioned, war- are exempt from the requirements in rant, or petty officer designated by the this section. Captain of the Port Lake Michigan to (f) Wavier. For any vessel, the Cap- monitor this safety zone, permit entry tain of the Port Lake Michigan or a into this zone, give legally enforceable designated representative may waive orders to persons or vessels within this any of the requirements of this section, zones and take other actions author- upon finding that operational condi- ized by the Captain of the Port. tions or other circumstances are such (2) Public vessel means vessels owned, that application of this section is un- chartered, or operated by the United necessary or impractical for the pur- States, or by a State or political sub- poses of safety or environmental safe- division thereof. ty. (c) Regulations. (1) The general regu- [CGD09–07–007, 72 FR 32525, June 13, 2007] lations in 33 CFR 165.23 apply. (2) All persons and vessels must com- § 165.935 Safety Zone, Milwaukee Har- ply with the instructions of the Coast bor, Milwaukee, WI. Guard Captain of the Port Lake Michi- (a) Location. The following area is a gan or a designated representative. safety zone: the waters of Lake Michi- Upon being hailed by the U.S. Coast gan within Milwaukee Harbor includ- Guard by siren, radio, flashing light or ing the Harbor Island Lagoon enclosed other means, the operator of a vessel by a line connecting the following shall proceed as directed. points: beginning at 43°02′00″ N, (3) All vessels must obtain permis- 087°53′53″ W; then south to 43°01′44″ N, sion from the Captain of the Port Lake 087°53′53″ W; then east to 43°01′44″ N, Michigan or a designated representa- 087°53′25″ W; then north to 43°02′00″ N, tive to enter, move within or exit the 087°53′25″ W; then west to the point of safety zone established in this section origin. when this safety zone is enforced. Ves- (b) Definitions. The following defini- sels and persons granted permission to tions apply to this section: enter the safety zone shall obey all (1) Designated representative means lawful orders or directions of the Cap- any Coast Guard commissioned, war- tain of the Port Lake Michigan or a rant, or petty officer designated by the designated representative. While with- Captain of the Port Lake Michigan to in a safety zone, all vessels shall oper- monitor this safety zone, permit entry ate at the minimum speed necessary to into this zone, give legally enforceable maintain a safe course. orders to persons or vessels within this (d) Notice of Enforcement or Suspension zone and take other actions authorized of Enforcement. The safety zone estab- by the Captain of the Port. lished by this section will be enforced (2) Public vessel means vessels owned, only upon notice of the Captain of the chartered, or operated by the United Port. The Captain of the Port Lake States, or by a State or political sub- Michigan will cause notice of enforce- division thereof. ment of the safety zone established by (c) Regulations. (1) The general regu- this section to be made by all appro- lations in 33 CFR 165.23 apply.

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(2) All persons and vessels must com- § 165.939 Safety Zones; Annual Fire- ply with the instructions of the Coast works Events in the Captain of the Guard Captain of the Port or a des- Port Buffalo Zone. ignated representative. Upon being (a) Safety zones. The following areas hailed by the U.S. Coast Guard by are designated Safety zones and are siren, radio, flashing light or other listed geographically from New York to means, the operator of a vessel shall Ohio. proceed as directed. (1) Boldt Castle 4th of July Fireworks, (3) All vessels must obtain permis- Heart Island, NY—(i) Location. All wa- sion from the Captain of the Port or a ters of the St. Lawrence River within a designated representative to enter, 500-foot radius of the land position: move within or exit the safety zone es- 44°20′39″ N, 075°55′16″ W; at Heart Island, tablished in this section when this NY. (DATUM: NAD 83). safety zone is enforced. Vessels and (ii) Enforcement date. This section is persons granted permission to enter effective from 9 p.m. to 10 p.m. on July the safety zone shall obey all lawful or- 4 of each year. ders or directions of the Captain of the (2) Clayton Chamber of Commerce Fire- Port or a designated representative. works, Calumet Island, NY—(i) Location. While within a safety zone, all vessels All waters of the St. Lawrence River shall operate at the minimum speed within a 500-foot radius of land posi- ° ′ ″ ° ′ ″ necessary to maintain a safe course. tion: 44 15 05 N, 076 05 35 W; in Cal- umet Island Harbor, NY. (DATUM: (d) Notice of Enforcement or Suspension NAD 83). of Enforcement. The safety zone estab- (ii) Enforcement date. This section is lished by this section will be enforced effective from 9 p.m. to 10 p.m. on July only upon notice of the Captain of the 1 of each year. Port. The Captain of the Port will (3) French Festival Fireworks, Cape cause notice of enforcement of the Vincent, NY—(i) Location. All waters of safety zone established by this section the St. Lawrence River within a 500- to be made by all appropriate means to foot radius of land position: 44°07′53″ N, the affected segments of the public in- 076°20′02″ W. (DATUM: NAD 83). cluding publication in the FEDERAL (ii) Enforcement date. This section is REGISTER as practicable, in accordance effective from 9:30 p.m. to 10:30 p.m. on with 33 CFR 165.7(a). Such means of no- the first or second weekend of July tification may also include, but are not each year. limited to Broadcast Notice to Mari- (4) Brewerton Fireworks, Brewerton, ners or Local Notice to Mariners. The NY—(i) Location. All waters of Lake Captain of the Port will issue a Broad- Oneida within a 500-foot radius of barge cast Notice to Mariners notifying the position: 43°14′15″ N, 076°08′03″ W; in public when enforcement of the safety Brewerton, NY. (DATUM: NAD 83). zone established by this section is sus- (ii) Enforcement date. This section is pended. effective from 9:30 p.m. to 10:30 p.m. on (e) Exemption. Public vessels as de- the first weekend of July each year. fined in paragraph (b) of this section (5) Celebrate Baldwinsville Fireworks, are exempt from the requirements in Baldwinsville, NY—(i) Location. All wa- this section. ters of the Seneca River within a 500- (f) Waiver. For any vessel, the Cap- foot radius of land position: 43°09′21″ N, ° ′ ″ tain of the Port Lake Michigan or a 076 20 01 W. (DATUM: NAD 83). designated representative may waive (ii) Enforcement date. This section is any of the requirements of this section, effective from 9:30 p.m. to 10 p.m. on upon finding that operational condi- the third weekend of September each tions or other circumstances are such year. that application of this section is un- (6) Island Festival Fireworks Display, necessary or impractical for the pur- Baldwinsville, NY—(i) Location. All wa- poses of safety or environmental safe- ters of the Seneca River within a 500- foot radius of land position: 43°09′25″ N, ty. 076°20′21″ W; in Baldwinsville, NY. [CGD09–07–008, 72 FR 32523, June 13, 2007] (DATUM: NAD 83).

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(ii) Enforcement date. This section is North Tonawanda, NY. (DATUM: NAD effective from 10 p.m. to 10:30 p.m. on 83). the first weekend of July each year. (ii) Enforcement date. This section is (7) Seneca River Days, Baldwinsville, effective from 9:45 p.m. to 10:15 p.m. on NY—(i) Location. All waters of the Sen- July 4th of each year. eca River within a 500-foot radius of (14) Tonawanda’s Canal Fest Fire- land position: 43°09′25″ N, 076°20′21″ W; works, Tonawanda, NY—(i) Location. All in Baldwinsville, NY. (DATUM: NAD waters of the East Niagara River with- 83). in a 500-foot radius of barge position: (ii) Enforcement date. This section is 43°01′12″ N, 078°53′36″ W; in Tonawanda, effective from 9:30 p.m. to 10:30 p.m. on NY. (DATUM: NAD 83). the first weekend of July each year. (ii) Enforcement date. This section is (8) Oswego Harborfest, Oswego, NY—(i) effective from 9:30 p.m. to 10:30 p.m. on Location. All waters of Lake Ontario the fourth Sunday in July each year. within a 1,000-foot radius of barge posi- (15) Celebrate Erie Fireworks, Erie, tion 43°28′10″ N, 076°31′04″ W; in Oswego, PA—(i) Location. All waters of Presque NY. (DATUM: NAD 83). Isle Bay within an 800-foot radius of (ii) Enforcement date. This section is land position: 42°08′19″ N, 080°05′29″ W; effective from 9 p.m.to 10 p.m. on the at the end of Dobbins Landing Pier, last Saturday in July each year. Erie, PA. (DATUM: NAD 83). (9) Village Fireworks, Sodus Point, (ii) Enforcement date. This section is NY—(i) Location. All waters of Sodus effective from 9:45 p.m. to 10:30 p.m. on Bay within a 500-foot radius of land po- the third weekend in August each year. sition: 43°16′27″ N, 076°58′27″ W; in Sodus (16) Ashtabula Area Fireworks, Walnut Point, NY. (DATUM: NAD 83). Beach, Ashtabula, OH—(i) Location. All (ii) Enforcement date. This section is waters of Lake Erie and Ashtabula effective from 10 p.m. to 10:30 p.m. on Harbor within a 300-yard radius of land the first Saturday in July each year. position: 41°54.167′ N, 080°48.416′ W; in (10) City of Syracuse Fireworks Celebra- Ashtabula, OH. (DATUM: NAD 83). tion, Syracuse, NY—(i) Location. All wa- (ii) Enforcement date. This section is ters of Onondaga Lake within a 350- effective from 9:45 p.m. to 11 p.m. on foot radius of land position 43°03′37″ N, the second weekend in July each year. 076°09′59″ W; in Syracuse, NY. (DATUM: (17) Fairport Harbor Mardi Gras, NAD 83). Fairport Harbor, OH—(i) Location. All (ii) Enforcement date. This section is waters of Fairport Harbor and Lake effective from 9:30 p.m. to 10:30 p.m. on Erie within a 300-yard radius of land the last weekend in June each year. position: 41°45.500′ N, 081°16.300′ W; east (11) Tom Graves Memorial Fireworks, of the harbor entrance at Fairport Har- Port Bay, NY—(i) Location. All waters bor Beach, OH. (DATUM: NAD 83). of Port Bay within a 500-foot radius of (ii) Enforcement date. This section is barge position: 43°17′46″ N, 076°50′02″ W; effective from 9:45 p.m. to 11 p.m. on in Port Bay, NY. (DATUM: NAD 83). the first Saturday of July each year. (ii) Enforcement date. This section is (18) Lake County Perchfest Fireworks, effective from 10 p.m. to 10:30 p.m. on Fairport, OH—(i) Location. All waters of the first weekend in July each year. Fairport Harbor and Lake Erie within (12) Rochester Harbor and Carousel Fes- a 300-yard radius of land position: tival, Rochester, NY—(i) Location. All 41°45.500′ N, 081°16.300′ W; in Fairport, waters of Lake Ontario within a 500- OH. (DATUM: NAD 83). foot radius of land position: 43°15′21″ N, (ii) Enforcement date. This section is 077°36′19″ W in Rochester, NY. (DATUM: effective from 9:45 p.m. to 11 p.m. on NAD 83). the second weekend in September each (ii) Enforcement date. This section is year. effective from 8 p.m. to 10 p.m. on June (19) Mentor Harbor Yacht Club Fire- 24th of each year. works, Mentor Harbor, OH—(i) Location. (13) North Tonawanda Fireworks Dis- All waters of Lake Erie and Mentor play, Tonawanda, NY—(i) Location. All Harbor within a 200-yard radius of waters of the East Niagara River with- 41°43.200′ N, 081°21.400′ W (west of the in a 500-foot radius of a barge located harbor entrance); in Mentor Harbor, at position: 43°01′12″ N, 078°53′36″ W; in OH. (DATUM: NAD 83).

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(ii) Enforcement date. This section is (24) Cleveland Yachting Club Fireworks effective from 9:45 p.m. to 11 p.m. on Display, Rocky River, OH—(i) Location. the first weekend in July each year. All waters of the Rocky River and (20) Browns Football Halftime Fire- Lake Erie within a 200-yard radius of works, Cleveland, OH—(i) Location. All land position 41°29.428′ N, 081°50.309′ W navigable waters of Cleveland Harbor (DATUM: NAD 83) at Sunset Point on and Lake Erie beginning in approxi- the western side of the mouth of the mate land position: 41°30.823′ N, Rocky River in Cleveland, OH. 081°41.620′ W (the northwest corner of (ii) Enforcement date. This section is Burke Lakefront Airport); continuing effective from 9:45 p.m. to 11 p.m. on northwest to 41°31.176′ N, 081°41.884′ W; the third weekend in July each year. then southwest to 41°30.810′ N, (25) Lorain 4th of July Celebration Fire- 081°42.515′ W; then southeast to works Display, Lorain, OH—(i) Location. 41°30.450′ N, 081°42.222′ W (the northwest All waters of Lorain Harbor within a corner of dock 28 at the Cleveland Port 300-yard radius of land position Authority) then northeast back to the 41°28.591′ N, 082°10.855′ W (DATUM: NAD starting point at 41°30.823′ N, 081°41.620′ 83), east of the harbor entrance on the W. (DATUM: NAD 83). end of the break wall near Spitzer’s (ii) Enforcement date. This section is Marina. effective on a Sunday during the sec- (ii) Enforcement date. This section is ond or third Cleveland Brown’s home effective from 9:45 p.m. to 11 p.m. on game each year. the first weekend in July each year. (21) City of Cleveland 4th of July Fire- (26) Lorain Port Fest Fireworks Dis- works, Cleveland, OH—(i) Location. All play, Lorain, OH—(i) Location. All wa- navigable waters of Cleveland Harbor ters of Lorain Harbor within a 250-yard and Lake Erie within a 400-yard radius radius of land position: 41°28.040′ N, of Main Entrance Light 5 (LLNR 4180) 082°10.365′ W; in Lorain, OH (DATUM: at position: 41°30.23′ N, 081°42.7′ W; in NAD 83). Cleveland, OH (DATUM: NAD 83). (ii) Enforcement date. This section is (ii) Enforcement date. This section is effective from 9:45 p.m. to 11 p.m. on effective from 9:45 p.m. to 11 p.m. on the third weekend in July each year. the first weekend in July each year. (b) Definitions. The following defini- (22) Dollar Bank Jamboree Fireworks tions apply to this section: Display, Cleveland, OH—(i) Location. All (1) Designated Representative means navigable waters of Cleveland Harbor any Coast Guard commissioned, war- and Lake Erie beginning at land posi- rant, or petty officer designated by the tion: 41°30.823′ N, 081°41.620′ W (the Captain of the Port Buffalo to monitor northwest corner of Burke Lakefront a safety zone, permit entry into the Airport); continuing northwest to zone, give legally enforceable orders to 41°31.176′ N, 081°41.884′ W; then south- persons or vessels within the zones, and west to 41°30.810′ N, 081°42.515′ W; then take other actions authorized by the southeast to 41°30.450′ N, 081°42.222′ W Captain of the Port. (the northwest corner of dock 28 at the (2) Public vessel means vessels owned, Cleveland Port Authority) then north- chartered, or operated by the United east back to the starting point at States, or by a State or political sub- 41°30.823′ N, 081°41.620′ W. (DATUM: division thereof. NAD 83). (c) Regulations. (1) In accordance with (ii) Enforcement date. This section is the general regulations in section effective from 9:45 p.m. to 11 p.m. on 165.23 of this part, entry into, the first weekend in July each year. transiting, or anchoring within this (23) Lakewood City Fireworks Display, safety zone is prohibited unless author- Lakewood, OH—(i) Location. All waters ized by the Captain of the Port Buffalo, of Lake Erie within a 200-yard radius of or his designated representative. land position: 41°29.755′ N, 081°47.780′ W (2)(i) These safety zones are closed to (off of Lakewood Park); in Lakewood, all vessel traffic, except as may be per- OH. (DATUM: NAD 83). mitted by the Captain of the Port Buf- (ii) Enforcement date. This section is falo or his designated representative. effective from 9:45 p.m. to 11 p.m. on (ii) All persons and vessels must com- the first weekend in July each year. ply with the instructions of the Coast

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Guard Captain of the Port or his des- Roostertail Fireworks (barge), Detroit, ignated representative. MI: (iii) Upon being hailed by the U.S. (i) Location: All waters of the Detroit Coast Guard by siren, radio, flashing River within a 300-foot radius of the light or other means, the operator of a fireworks launch site located at posi- vessel shall proceed as directed. tion 42°21′16.67″ N, 082°58′20.41″ W. (NAD (3)(i)All vessels must obtain permis- 83). This area is located between De- sion from the Captain of the Port or troit and Belle Isle near the his designated representative to enter, Roostertail restaurant. move within, or exit the safety zone es- (ii) Expected date: One evening during tablished in this section when this the third week in July. The exact dates safety zone is enforced. and times for this event will be deter- (ii) Vessels and persons granted per- mined annually. mission to enter the safety zone must (2) Washington Township obey all lawful orders or directions of Summerfest Fireworks, Toledo, OH: the Captain of the Port or a designated (i) Location: All waters of the Ottawa representative. River within a 600-foot radius of the (iii) While within a safety zone, all fireworks launch site located at posi- vessels must operate at the minimum tion 41°43′29″ N, 083°28′47″ W (NAD 83). speed necessary to maintain a safe This area is located at the Fred C. course. Young Bridge, Toledo, OH. (d) Exemption. Public vessels, as de- (ii) Expected date: One evening during fined in paragraph (b) of this section, the last week in June or the first week are exempt from the requirements in in July. The exact dates and times for this section. this event will be determined annually. (e) Waiver. For any vessel, the Cap- (3) Au Gres City Fireworks, Au Gres, tain of the Port Buffalo or his des- MI: ignated representative may waive any (i) Location: All waters of Saginaw of the requirements of this section, Bay within a 700-foot radius of the fire- upon finding that operational condi- works launch site located at position tions or other circumstances are such 44°1.4′ N, 083°40.4′ W (NAD 83). This area that application of this section is un- is located at the end of the pier near necessary or impractical for the pur- the end of Riverside Drive in Au Gres, poses of public or environmental safe- MI. ty. (ii) Expected date: One evening during (f) Notification. The Captain of the the last week in June or the first week Port Buffalo will notify the public that in July. The exact dates and times for that the zones in this proposal are or this event will be determined annually. will be enforced by all appropriate (4) The Old Club Fireworks, Harsens means to the affected segments of the Island, MI: public including publication in the (i) Location: All waters of Lake St. FEDERAL REGISTER as practicable, in Clair within an 850-foot radius of the accordance with 33 CFR 165.7(a). Such fireworks launch site located at posi- means of notification may also include, tion 42°32.4′ N, 082°40.1′ W (NAD 83). but are not limited to Broadcast Notice This area is located near the southern to Mariners or Local Notice to Mari- end of Harsen’s Island, MI. ners. The Captain of the Port will issue (ii) Expected date: One evening during a Broadcast Notice to Mariners noti- the last week of June or the first week fying the public when enforcement of of July. The exact dates and times for the safety zone established by this sec- this event will be determined annually. tion is cancelled. (5) Alpena Fireworks, Alpena, MI: [USCG–2008–0219, 73 FR 28705, May 19, 2008] (i) Location: All waters of Lake Huron within an 800-foot radius of the fire- § 165.941 Safety Zones; Annual Fire- works launch site located at position works Events in the Captain of the 45°2.7′ N, 083°26.8′ W (NAD 83). This area Port Detroit Zone. is located near the end of Mason (a) Safety Zones. The following areas Street, South of State Avenue, in are designated Safety zones: (1) Alpena, MI.

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(ii) Expected date: One evening during tion 42°7.8′ N, 083°10.4 ′ W (NAD 83). This the last week in of June or the first area is located between Grosse Ile and week of July. The exact dates and Elizabeth Park in Trenton, MI. times for this event will be determined (ii) Expected date: One evening during annually. the third week in July. The exact dates (6) Put-In-Bay Fourth of July Fire- and times for this event will be deter- works, Put-In-Bay, OH: mined annually. (i) Location: All waters of Lake Erie (11) Nautical Mile Venetian Festival within a 1000-foot radius of the fire- Fireworks, St. Clair Shores, MI: works launch site located at position (i) Location: All waters of Lake St. 41°39.7′ N, 082°48.0′ W (NAD 83). This Clair within a 210-foot radius of the area is located in Put-In-Bay Harbor. fireworks launch site located at posi- (ii) Expected date: One evening during tion 42°28.2′ N, 082°52.5′ W (NAD 83). the first week of July. The exact dates This area is located near Jefferson and times for this event will be deter- Beach Marina in St. Clair Shores, MI. mined annually. (ii) Expected date: One evening during (7) Gatzeros Fireworks, Grosse Point the second week in August. The exact Park, MI: dates and times for this event will be (i) Location: All waters of Lake St. determined annually. Clair within a 300-foot radius of the (12) Cheeseburger Festival Fireworks, fireworks launch site located at posi- Caseville, MI: tion 42° 22.6′ N, 082°54.8′ W (NAD 83). (i) Location: All waters of Lake Huron This area is located near Grosse Point within a 300-foot radius of the fire- Park, MI. works launch site located at position (ii) Expected date: One evening during 43°56.9′ N, 083°17.2′ W (NAD 83). This the first week in July. The exact dates area is located near the break wall lo- and times for this event will be deter- cated at Caseville County Park, mined annually. Caseville, MI. (8) Harrisville Fireworks, Harrisville, (ii) Expected date: One evening during MI: the second week in August. The exact (i) Location: All waters of Lake Huron dates and times for this event will be within a 450-foot radius of the fire- determined annually. works launch site located at position 44°39.7′ N, 083°17.0′ W (NAD 83). This (13) Detroit International Jazz Fes- area is located at the end of the break tival Fireworks, Detroit, MI: wall at the Harrisville harbor in Har- (i) Location: All waters of the Detroit risville, MI. River within a 560-foot radius of the (ii) Expected date: One evening during fireworks launch site located at posi- the first week in July. The exact dates tion 42°19.6′ N, 83°2.6′ W (NAD 83). This and times for this event will be deter- area is located in the Detroit River be- mined annually. tween Cobo Hall and the GM Head- (9) Harbor Beach Fireworks, Harbor quarters in Detroit, MI. Beach, MI: (ii) Expected date: One evening during (i) Location: All waters of Lake Huron the last week in August or the first within a 700-foot radius of the fire- week in September. The exact dates works launch site located at position and times for this event will be deter- 43°50.8′ N, 082° 38.6′ W (NAD 83). This mined annually. area is located at the end of the rail- (14) Marine City Maritime Festival road pier east of the end of State Fireworks, Marine City, MI: Street in Harbor Beach, MI. (i) Location: All waters of the St. (ii) Expected date: One evening during Clair River within an 840-foot radius of the second week in July. The exact the fireworks launch site located at po- dates and times for this event will be sition 42°42.9′ N, 082°29.1′ W (NAD 83). determined annually. This area is located east of Marine (10) Trenton Rotary Roar on the City. River Fireworks, Trenton, MI: (ii) Expected date: One evening during (i) Location: All waters of the Detroit the third week in September. The exact River within a 420-foot radius of the dates and times for this event will be fireworks launch site located at posi- determined annually.

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(15) Schoenith Family Foundation of the museum ship SS WILLIS B. Fireworks, Detroit, MI: BOYER. (i) Location: All waters of the Detroit (ii) Expected date: One day evening River, within a 210-foot radius of the during the first or second weeks in fireworks launch site located at posi- July. The exact dates and times for tion 42°21.2′ N, 82°58.4′ W. (NAD 83). This this event will be determined annually. area is located between Detroit and (20) Perrysburg/Maumee 4th of July Belle Isle. Fireworks, Perrysburg, OH: (ii) Expected date: One evening during (i) Location: All waters of the the third week in September. The exact Maumee River, within an 850-foot ra- dates and times for this event will be dius of the fireworks launch site lo- determined annually. cated at position 41°33′27″ N, 83°38′59″ W. (16) Toledo Country Club Memorial (NAD 83). This position is located at Celebration and Fireworks, Toledo, OH: the Perrysburg/Maumee Hwy 20 Bridge. (i) Location: All waters of the Maumee River, within a 250-yard radius (ii) Expected date: One evening during of the fireworks launch site located on the first week in July. The exact dates shore at position 41°35′12.58″ N, and times for this event will be deter- 83°36′16.58″ W. (NAD 83). This area is lo- mined annually. cated at the Toledo Country Club’s (21) Lakeside July 4th Fireworks, 18th Green and encompasses the fire- Lakeside, OH: works launch site. (i) Location: All waters of Lake Erie, (ii) Expected date: One evening during within a 560-foot radius of the fire- the last week in May. The exact dates works launch site located at position and times for this event will be deter- 41°32′52″ N, 82°45′03″ W. (NAD 83). This mined annually. position is located at the Lakeside As- (17) Luna Pier Fireworks Show, Luna sociation Dock. Pier, MI: (ii) Expected date: One evening during (i) Location: All waters of Lake Erie, the first week in July. The exact dates within a 300-yard radius of the fire- and times for this event will be deter- works launch site located at position mined annually. 41°48′32″ N, 83°26′23″ W. (NAD 83). This (22) Catawba Island Club Fireworks, area is located at the Clyde E. Evens Catawba Island, OH: Municipal Pier. (i) Location: All waters of Lake Erie, (ii) Expected date: One evening during within a 300-yard radius of the fire- the first week in July. The exact dates works launch site located at position and times for this event will be deter- 41°34′20″ N, 82°51′18″ W. (NAD 83). This mined annually. position is located at the northwest (18) Toledo Country Club 4th of July end of the Catawba Cliffs Harbor Light Fireworks, Toledo, OH: Pier. (i) Location: All waters of the (ii) Expected date: One evening during Maumee River, within a 250-yard radius the first week in July. The exact dates of the fireworks launch site located on and times for this event will be deter- shore at position 41°35′12.58″ N, mined annually. 83°36′16.58″ W. (NAD 83). This area is located at the Toledo Country Club’s (23) Red, White and Blues Bang Fire- 18th Green and encompasses the fireworks, Huron, OH: works launch site. (i) Location: All waters of the Huron (ii) Expected date: One evening during River, within a 300-yard radius of the the first week in July. The exact dates fireworks launch site located at posi- and times for this event will be deter- tion 41°23′29″ N, 82°32′55″ W. (NAD 83). mined annually. This position is located at the Huron (19) Pharm Lights Up The Night Fire- Ore Docks in Huron, OH. works, Toledo, OH: (ii) Expected date: One evening during (i) Location: All waters of the the first week in July. The exact dates Maumee River, within a 300-yard radius and times for this event will be deter- of the fireworks launch site located at mined annually. position 41°38′35″ N, 83°31′54″ W. (NAD (24) Huron Riverfest Fireworks, 83). This position is located at the bow Huron, OH:

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(i) Location: All waters of Huron Har- (ii) Expected date: One evening during bor, within a 350-foot radius of the fire- the first week in September. The exact works launch site located at the Huron dates and times for this event will be Ore Docks at position 41°23′38″ N, determined annually. 82°32′59″ W. (NAD 83). (29) Catawba Island Club Fireworks, (ii) Expected date: One evening during Catawba Island, OH: the second week in July. The exact (i) Location: All waters of Lake Erie, dates and times for this event will be within a 300-yard radius of the fire- determined annually. works launch site located at position (25) Kellys Island, Island Fest Fire- 41°34′20″ N, 82°51′18″ W. (NAD 83). This works, Kellys Island, OH: position is located at the northwest (i) Location: All waters of Lake Erie, end of the Catawba Cliffs Harbor Light within a 300-yard radius of the fire- Pier. works launch site located at position (ii) Expected date: One evening during 41°35′43″ N, 82°43′30″ W. (NAD 83). This the first week in September. The exact position is located at the old Neuman dates and times for this event will be Boat Line Dock. determined annually. (ii) Expected date: One evening during (30) Bay-Rama Fishfly Festival Fire- the third or fourth weeks in July. The works, New Baltimore, MI: exact dates and times for this event (i) Location: All waters of Lake St. will be determined annually. Clair-Anchor Bay, off New Baltimore City Park, within a 300-yard radius of (26) Riverfest at the International the fireworks launch site located at po- Docks, Toledo, OH: sition 42°41′ N, 082°44′ W (NAD 83). (i) Location: All waters of the (ii) Expected date: One evening during Maumee River, extending from the bow the first week in June. The exact dates of the museum ship SS WILLIS B. and times for this event will be deter- BOYER (41°38′35″ N, 83°31′54″ W), then mined annually. north/north-east to the south end of (31) Lake Erie Metropark Fireworks, the City of Toledo Street (41°38′51″ N, Gibraltar, MI: 83°31′50″ W), then south-west to the red (i) Location: All waters of Lake Erie, nun buoy #64 (41°38′48″ N, 83°31′58″), off Lake Erie Metro Park, within a 300- then south/south-east back to the point yard radius of the fireworks launch site of origin at the bow of the museum located at position 42°03′N, 083°11′W ship SS WILLIS B. BOYER. (NAD 83). (NAD 83). This position is located off (ii) Expected date: One evening during the Brownstown Wave pool area. the first week in September. The exact (ii) Expected date: One evening during dates and times for this event will be the first week in July. The exact dates determined annually. and times for this event will be deter- (27) Rossford Labor Day Fireworks, mined annually. Rossford, OH: (32) City of St. Clair Fireworks, St. (i) Location: All waters of the Clair, MI: Maumee River, within a 350-yard radius (i) Location: All waters off the St. of the fireworks launch site located at Clair River near St. Clair City Park, position 41°36′58″ N, 83°33′56″ W. (NAD within a 300-yard radius of the fire- 83). This position is located at Veterans works launch site located at position Memorial Park. 42°49′ N, 082°29′ W (NAD 83). (ii) Expected date: One evening during (ii) Expected date: One evening during the first week in September. The exact the first week in July. The exact dates dates and times for this event will be and times for this event will be deter- determined annually. mined annually. (28) Lakeside Labor Day Fireworks, (33) Oscoda Township Fireworks, Lakeside, OH: Oscoda, MI: (i) Location: All waters of Lake Erie, (i) Location: All waters of Lake within a 560-foot radius of the fire- Huron, off the DNR Boat Launch near works launch site located at position the mouth of the Au Sable River with- 41°32′52″ N, 82°45′03″ W. (NAD 83). This in a 300-yard radius of the fireworks position is located at the Lakeside As- launch site located at position 44°19′ N, sociation Dock. 083°25′ W (NAD 83).

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(ii) Expected date: One evening during Russel Island, St. Clair River-North the first week in July. The exact dates Channel. and times for this event will be deter- (ii) Expected date: One evening during mined annually. the first week in July. The exact dates (34) Port Austin Fireworks, Port Aus- and times for this event will be deter- tin, MI: mined annually. (i) Location: All waters of Lake (39) Port Sanilac Fireworks, Port Huron, off the Port Austin break wall Sanilac, MI: within a 300-yard radius of the fire- (i) Location: All waters of Lake Huron works launch site located at position within a 300-yard radius of the fire- 42°03′ N, 082°40′ W. (NAD 83). works launch site located at position (ii) Expected date: One evening during 43°25′ N, 082°31′ W. (NAD 83). This posi- the first week in July. The exact dates tion is located at the South Harbor and times for this event will be deter- Break wall in Port Sanilac. mined annually. (ii) Expected date: One evening during (35) City of Wyandotte Fireworks, the first week in July. The exact dates Wyandotte, MI: and times for this event will be deter- (i) Location: All waters of the Detroit mined annually. River, off the break wall between Oak (40) St. Clair Shores Fireworks, St. and Van Alstyne St., within a 300-yard Clair Shores, MI: radius of the fireworks launch site lo- (i) Location: All waters of Lake St. cated at position 42°12′ N, 083°09′ W. Clair within a 300-yard radius of the (NAD 83). fireworks barge located at position (ii) Expected date: One evening during 42°32′ N, 082°51′ W. (NAD 83). This posi- the first week in July. The exact dates tion is located 1000 yards east of Vet- and times for this event will be deter- eran’s Memorial Park, St. Clair Shores. mined annually. (ii) Expected date: One evening during (36) Grosse Pointe Farms Fireworks, the first week in July. The exact dates Grosse Point Farms, MI: and times for this event will be deter- (i) Location: All waters of Lake St. mined annually. Clair, within a 300-yard radius of the (41) Port Huron 4th of July Fire- fireworks barge located at position works, Port Huron, MI: 42°23′ N, 082°52′ W. (NAD 83). This posi- (i) Location: All waters of the Black tion is located 300 yards east of Grosse River within a 300-yard radius of the Pointe Farms, MI. fireworks barge located at position (ii) Expected date: One evening during 42°58′ N, 082°25′ W. (NAD 83). This posi- the first week in July. The exact dates tion is located 300 yards east of 223 and times for this event will be deter- Huron Ave., Black River. mined annually. (ii) Expected date: One evening during (37) Caseville Fireworks, Caseville, the first week in July. The exact dates MI: and times for this event will be deter- (i) Location: All waters of Saginaw mined annually. Bay, within a 300-yard radius of the (42) Grosse Point Yacht Club 4th of fireworks launch site located at posi- July Fireworks, Grosse Point Shores, tion 43°56.9′ N, 083°17.2′ W. (NAD 83). MI: This position is located off the (i) Location: All waters of Lake St. Caseville break wall. Clair within a 300-yard radius of the (ii) Expected date: One evening during fireworks barge located at position the first week in July. The exact dates 42°25′ N, 082°52′ W. (NAD 83). This posi- and times for this event will be deter- tion is located 400 yards east of the mined annually. Grosse Point Yacht Club seawall, Lake (38) Algonac Pickerel Tournament St. Clair. Fireworks, Algonac, MI: (ii) Expected date: One evening during (i) Location: All waters of the St. the first week in July. The exact dates Clair River, within a 300-yard radius of and times for this event will be deter- the fireworks barge located at position mined annually. 41°37′ N, 082°32′ W. (NAD 83). This posi- (43) Lexington Independence Festival tion is located between Algonac and Fireworks, Lexington, MI:

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(i) Location: All waters of Lake Huron (48) Tawas City 4th of July Fire- within a 300-yard radius of the fireworks, Tawas, MI: works barge located at position 43°13′ (i) Location: All waters of Lake Huron N, 082°30′ W. (NAD 83). This position is within a 300-yard radius of the fire- located 300 yards east of the Lexington works launch site located at position break wall, Lake Huron. 44°13′ N, 083°30′ W. (NAD 83). This posi- (ii) Expected date: One evening during tion is located off the Tawas City Pier. the first week in July. The exact dates (ii) Expected date: One evening during and times for this event will be deter- the first week in July. The exact dates mined annually. and times for this event will be deter- (44) City of Ecorse Water Festival mined annually. Fireworks, Ecorse, MI: (49) Venetian Festival Boat Parade (i) Location: All waters of the Detroit and Fireworks, St. Clair Shores, MI: River within a 300-yard radius of the (i) Location: All waters of Lake St. fireworks barge located at position Clair within a 300-yard radius of the ° ′ ° ′ 41 14 N, 083 09 W. (NAD 83). This posi- fireworks barge located at position tion is located in the Ecorse Channel at 42°28′ N, 082°52′ W. (NAD 83). This posi- the northern end of Mud Island. tion is located 600 yards off Jefferson (ii) Expected date: One evening during Beach Marina, Lake St, Clair. the first week in July. The exact dates (ii) Expected date: One evening during and times for this event will be deter- the second week in August. The exact mined annually. dates and times for this event will be (45) Grosse Isle Yacht Club Fire- determined annually. works, Grosse Isle, MI: (50) Celebrate America Fireworks, (i) Location: All waters of the Detroit Grosse Pointe Farms, MI: River within a 300-yard radius of the (i) All waters of Lake St. fireworks launch site located at posi- Location: tion 42°05′ N, 083°09′ W. (NAD 83). This Clair within a 500-foot radius of the position is located in front of the fireworks launch site located at posi- ° ′ ″ ° ′ ″ Grosse Isle Yacht Club. tion 42 22 58 N, 082 53 46 W. (NAD 83). (ii) Expected date: One evening during This area is located southeast of the the first week in July. The exact dates Grosse Point Yacht Club. and times for this event will be deter- (ii) Expected date: One evening during mined annually. the third week in June. The exact (46) Trenton Fireworks, Trenton, MI: dates and times for this event will be (i) Location: All waters of the Detroit determined annually. River within a 300-yard radius of the (51) Target Fireworks, Detroit, MI: fireworks barge located at position (i) Location: The following three 42°09′ N, 083°10′ W. (NAD 83). This posi- areas are safety zones: tion is located 200 yards east of Tren- (A) The first safety zone area will en- ton in the Trenton Channel near Tren- compass all waters of the Detroit River ton, MI. bounded by the arc of a circle with a (ii) Expected date: One evening during 900-foot radius with its center in posi- the first week in July. The exact dates tion 42°19′23″ N, 083°04′34″ W. and times for this event will be deter- (B) The second safety zone area will mined annually. encompass a portion of the Detroit (47) Belle Maer Harbor 4th of July River bounded on the South by the Fireworks, Harrison Township, MI: International Boundary line, on the (i) Location: All waters of Lake St. West by 083°03′30″ W, on the North by Clair within a 300-yard radius of the the City of Detroit shoreline and on fireworks barge located at position the East by 083°01′15″ W. 42°36′ N, 082°47′ W. (NAD 83). This posi- (C) The third safety zone will encom- tion is located 400 yards east of Belle pass a portion of the Detroit River Maer Harbor, Lake St. Clair. bounded on the South by the Inter- (ii) Expected date: One evening during national Boundary line, on the West by the first week in July. The exact dates the Ambassador Bridge, on the North and times for this event will be deter- by the City of Detroit shoreline, and on mined annually. the East by the downstream end of

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Belle Isle. The Captain of the Port De- and times for this event will be deter- troit has determined that vessels below mined annually. 65 feet in length may enter this zone. (56) Toledo Labor Day Fireworks, To- (ii) Expected date: One evening during ledo, OH: the last week in June. The exact dates (i) Location: All waters of the and times for this event will be deter- Maumee River within a 300-yard radius mined annually. of the fireworks launch site located at (52) Sigma Gamma Association Fire- position 41°38′35″ N, 083°31′54″ W. All ge- works, Grosse Pointe Farms, MI: ographic coordinates are North Amer- (i) Location: All waters of Lake St. ican Datum of 1983 (NAD 83). Clair, within a 300-yard radius of the (ii) Expected date: One evening during fireworks launch site located at posi- the first week in September. The exact tion 42°27′ N, 082°52′ W (NAD 83) This dates and times for this event will be position is located in the vicinity of determined annually. Ford’s Cove. (b) Definitions. The following defini- (ii) Expected date: One evening during tions apply to this section: the last week in June. The exact dates (1) Designated Representative means and times for this event will be deter- any Coast Guard commissioned, war- mined annually. rant, or petty officer designated by the (53) Southside Summer Fireworks, Captain of the Port Detroit to monitor Port Huron, MI: a safety zone, permit entry into the zone, give legally enforceable orders to (i) Location: All waters of St. Clair persons or vessels within the zones, and River within a 300 yard radius of posi- take other actions authorized by the tion 42°57′55″ N, 082°25′20″ W. This posi- Captain of the Port. tion is located on the shore of the St. (2) Public vessel means vessels Clair River in the vicinity of Oak and owned, chartered, or operated by the 3rd Street, Port Huron, MI. All geo- United States, or by a State or polit- graphic coordinates are North Amer- ical subdivision thereof. ican Datum of 1983 (NAD 83). (c) Regulations. (1) In accordance with (ii) Expected date: One evening during the general regulations in § 165.23 of the last week in June. The exact dates this part, entry into, transiting, or an- and times for this event will be deter- choring within this safety zone is pro- mined annually. hibited unless authorized by the Cap- (54) Bay City Fireworks Festival, Bay tain of the Port Detroit, or his des- City, MI: ignated representative. (i) Location: All waters of the Sagi- (2)(i) These safety zones are closed to naw River near Bay City, MI, from the all vessel traffic, except as may be per- Veteran’s Memorial Bridge, located at mitted by the Captain of the Port De- position 43°35.8′ N; 083°53.6′ W, south ap- troit or his designated representative. proximately 1000 yards to the River (ii) All persons and vessels must com- Walk Pier, located at position 43°35.3′ ply with the instructions of the Coast N; 083°53.8′ W. All geographic coordi- Guard Captain of the Port or his des- nates are North American Datum of ignated representative. 1983 (NAD 83). (iii) Upon being hailed by the U.S. (ii) Expected date: Three evenings dur- Coast Guard by siren, radio, flashing ing the first week in July. The exact light or other means, the operator of a dates and times for this event will be vessel shall proceed as directed. determined annually. (3)(i) All vessels must obtain permis- (55) Toledo 4th of July Fireworks, To- sion from the Captain of the Port or ledo, OH: his designated representative to enter, (i) Location: All waters of the move within, or exit the safety zone es- Maumee River within a 300-yard radius tablished in this section when this of the fireworks launch site located at safety zone is enforced. position 41°38′35″ N, 083°31′54″ W. All ge- (ii) Vessels and persons granted per- ographic coordinates are North Amer- mission to enter the safety zone must ican Datum of 1983 (NAD 83). obey all lawful orders or directions of (ii) Expected date: One evening during the Captain of the Port or a designated the first week in July. The exact dates representative.

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(iii) While within a safety zone, all tice to Mariners. If the construction vessels must operate at the minimum concludes prior to the scheduled termi- speed necessary to maintain a safe nation time, the COTP will cease en- course. forcement of this safety zone. (d) Exemption. Public vessels, as de- (c) Definitions. The following defini- fined in paragraph (b) of this section, tions apply to this section: are exempt from the requirements in (1) Designated representative means this section. any Commissioned, Warrant, or Petty (e) Waiver. For any vessel, the Cap- Officers of the Coast Guard, Coast tain of the Port Detroit or his des- Guard Auxiliary, or local, state, and ignated representative may waive any federal law enforcement vessels who of the requirements of this section, have been authorized to act on the be- upon finding that operational condi- half of the COTP. tions or other circumstances are such (2) Non-authorized personnel and ves- that application of this section is un- sels, means any civilian boats, fisher- necessary or impractical for the pur- men, divers, and swimmers. poses of public or environmental safe- (d) Regulations. (1) Entry into, transit ty. through or anchoring within this safe- (f) Notification. The Captain of the ty zone is prohibited unless authorized Port Detroit will notify the public that by the COTP San Diego or his des- the safety zones in this section are or ignated representative. will be enforced by all appropriate (2) Non-authorized personnel and ves- means to the affected segments of the sels requesting permission to transit public including publication in the through the safety zone may request FEDERAL REGISTER as practicable, in authorization to do so from the COTP accordance with 33 CFR 165.7(a). Such San Diego or his designated representa- means of notification may also include, tive. They may be contacted on VHF– but are not limited to Broadcast Notice FM Channel 16, or at telephone number to Mariners or Local Notice to Mari- (619) 278–7033. ners. The Captain of the Port will issue (3) Vessels involved in the construc- a Broadcast Notice to Mariners noti- tion operations are allowed in the con- fying the public when enforcement of fines of the established safety zone. the safety zone established by this sec- (4) All persons and vessels must com- tion is cancelled. ply with the instructions of the Coast [USCG–2008–0218, 73 FR 46197, Aug. 8, 2008, as Guard COTP or his designated rep- amended by USCG–2010–0126, 75 FR 32668, resentative. June 9, 2010] (5) Upon being hailed by U.S. Coast Guard or other official personnel by ELEVENTH COAST GUARD DISTRICT siren, radio, flashing light, or other § 165.T11–281 Safety Zone; Lake Mead means, the operator of a vessel must Intake Construction; Lake Mead, proceed as directed. Boulder City, NV. (6) The Coast Guard may be assisted (a) Location. The limits of the safety by other federal, state, or local agen- zone will include the navigable waters cies. of Lake Mead within a 1300 foot radius EFFECTIVE DATE NOTE: By USCG–2009–1031, around the construction vessels located 75 FR 13234, Mar. 19, 2010, temporary at approximately 36°05′24″ N, 114°45′60″ § 165.T11–281 was added, effective Mar. 19, 2010 W. through Dec. 31, 2010. (b) Enforcement period. This section will be enforced from March 15, 2010 § 165.T11–304 Safety zone; Sea World through December 31, 2010 during con- Summer Nights Fireworks; Mission struction operations. The safety zone Bay, San Diego, California. will only be enforced during blasting, (a) Location. The limits of the safety excavation, and other general con- zone will include a 600 foot radius struction operations. General public around the barge in approximate posi- boating will be notified prior to com- tion 32°46′03″ N, 117°13′11″ W. mencement of construction operations (b) Enforcement period. This section by construction crew via Broadcast No- will be enforced from 8:50 p.m. to 10

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p.m. on March 27, 2010 through Sep- thence running generally northwest- tember 6, 2010. If the event concludes erly along the shoreline of the Naval prior to the scheduled termination Station to the place of the beginning. time, the Captain of the Port will cease All coordinates referenced use datum: enforcement of this safety zone and NAD 1983. will announce that fact via Broadcast (b) Regulations. (1) In accordance with Notice to Mariners. the general regulations in § 165.33 of (c) Definitions. The following defini- this part, entry into the area of this tion applies to this section: Designated zone is prohibited unless authorized by representative, means any commis- the Captain of the Port San Diego; sioned, warrant, and petty officers of Commander, Naval Base San Diego; the Coast Guard on board Coast Guard, Commander, Navy Region Southwest; Coast Guard Auxiliary, and local, or the Commanding Officer, Naval Sta- State, and Federal law enforcement tion, San Diego. vessels who have been authorized to (2) Persons desiring to transit the act on the behalf of the Captain of the area of the security zone may contact Port. the Captain of the Port at telephone (d) Regulations. (1) Entry into, transit number 619–683–6495 or on VHF channel through or anchoring within this safe- 16 (156.8 MHz) to seek permission to ty zone is prohibited unless authorized transit the area. If permission is grant- by the Captain of the Port of San Diego ed, all persons and vessels must comply or his designated on-scene representa- with the instructions of the Captain of tive. the Port or his or her designated rep- (2) Mariners requesting permission to resentative. transit through the safety zone may re- (c) Authority. In addition to 33 U.S.C. quest authorization to do so from the 1231 and 50 U.S.C. 191, the authority for Sector San Diego Command Center. this section includes 33 U.S.C. 1226. The Command Center may be con- (d) Enforcement. The U.S. Coast tacted on VHF–FM Channel 16. Guard may be assisted in the patrol (3) All persons and vessels shall com- and enforcement of this security zone ply with the instructions of the Coast by the U.S. Navy. Guard Captain of the Port or the des- [COTP San Diego 04–019, 70 FR 2021, Jan. 12, ignated representative. 2005] (4) Upon being hailed by U.S. Coast Guard patrol personnel by siren, radio, § 165.1102 Security Zone; Naval Base flashing light, or other means, the op- Point Loma; San Diego Bay, San erator of a vessel shall proceed as di- Diego, CA. rected. (a) Location. The following area is a (5) The Coast Guard may be assisted security zone: The water adjacent to by other Federal, State, or local agen- the Naval Base Point Loma, San Diego, cies. CA, enclosed by the following coordi- EFFECTIVE DATE NOTE: By USCG–2010–0213, nates: 75 FR 19250, Apr. 14, 2010, temporary § 165.T11– 32°42.48′ N, 117°14.22′ W (Point A); 304 was added, effective from Mar. 27, 2010 32°42.48′ N, 117°14.21′ W (Point B); through Sept. 6, 2010. 32°42.17′ N, 117°14.05′ W (Point C); 32°41.73′ N, 117°14.21′ W (Point D); § 165.1101 Security Zone: San Diego 32°41.53′ N, 117°14.23′ W (Point E); Bay, CA. 32°41.55′ N, 117°14.02′ W (Point F); (a) Location. The following area is a 32°41.17′ N, 117°13.95′ W (Point G); security zone: the water area within 32°41.17′ N, 117°13.97′ W (Point H); Naval Station, San Diego enclosed by thence running generally north along the the following points: Beginning at shoreline to Point A. 32°41′16.5″ N, 117°08′01″ W (Point A); (b) Regulations. (1) The general regu- thence running southwesterly to lations governing security zones found 32°40′58.3″ N, 117°08′11.0″ W (Point B); to in 33 CFR 165.33 apply to the security 32°40′36.0″ N 117°07′49.1″ W (Point C); to zone described in paragraph (a) of this 32°40′17.0′ N, 117°07′34.6″ W (Point D); to section. 32°39′36.4″ N, 117°07′24.8″ W (Point E); to (2) Entry into, or remaining in, the 32°39′38.5″ N 117°07′06.5″ W, (Point F); area of this zone is prohibited unless

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authorized by the Captain of the Port thence southeasterly to 32°42′21.0″ N, San Diego; Commanding Officer, Naval 117°10′47.0″ W (Point E) thence running Base Point Loma; or Commander, Navy southerly to 32°42′13.0″ N, 117°10′51.0″ W Region Southwest. (Point F); thence running generally (3) Persons desiring to transit the northwesterly along the shoreline of area of the security zone may request Naval Base Coronado to the place of be- permission from the Captain of the ginning. All coordinates referenced use Port San Diego at telephone number datum: NAD 1983. (619) 278–7033 or on VHF channel 16 (b) Regulations. (1) In accordance with (156.8 MHz) or from either the Com- the general regulations in Sec. 165.33 of manding Officer, Naval Base Point this part, entry into the area of this Loma or the Commander, Navy Region zone is prohibited unless authorized by Southwest by calling the Navy Port the Captain of the Port San Diego; Operation Dispatch at telephone num- Commander, Naval Base Coronado, or ber (619) 556–1433 or on VHF–FM chan- Commander, Navy Region Southwest. nels 16 or 12. If permission is granted, (2) Persons desiring to transit the all persons and vessels must comply area of the security zone may contact with the instructions of the Captain of the Captain of the Port at telephone the Port San Diego or his or her des- number 619–683–6495 or on VHF channel ignated representative. 16 (156.8 MHz) to seek permission to (c) Definitions. For purposes of this transit the area. If permission is grant- section: Captain of the Port San Diego, ed, all persons and vessels must comply means the Commanding Officer of the with the instructions of the Captain of Coast Guard Sector San Diego; Com- the Port or his or her designated rep- mander, Navy Region Southwest, means resentative. Navy Region Commander responsible (c) Authority. In addition to 33 U.S.C. for the Southwest Region; Commanding 1231 and 50 U.S.C. 191, the authority for Officer, Naval Base Point Loma, means this section includes 33 U.S.C. 1226. the Installation Commander of the (d) Enforcement. The U.S. Coast naval base located on Point Loma, San Guard may be assisted in the patrol Diego, California; Designated Represent- and enforcement of this security zone ative, means any U.S. Coast Guard by the U.S. Navy. commissioned, warrant, or petty officer who has been designated by the [COTP San Diego, 68 FR 25290, May 12, 2003] Captain of the Port San Diego to assist in the enforcement of the security zone § 165.1105 Security Zone: San Diego described in paragraph (a) of this sec- Bay, California. tion. (a) Location. (1) The following area is (d) Enforcement. The U.S. Coast a security zone: The water area adja- Guard may be assisted in the patrol cent to Naval Air Station North Island, and enforcement of the security zone Coronado, California, and within 100 described in paragraph (a) of this sec- yards (91 meters) of Bravo Pier, and tion by the U.S. Navy and local law en- vessels moored thereto, bounded by the forcement agencies. following points (when no vessel is [USCG–2008–1016, 74 FR 50708, Oct. 1, 2009] moored at the pier): (i) Latitude 32°41′53.0″ N, Longitude § 165.1104 Security Zone: San Diego 117°13′33.6″ W; Bay, CA. (ii) Latitude 32°41′53.0″ N, Longitude (a) Location. The following area is a 117°13′40.6″ W; security zone: on the waters along the (iii) Latitude 32°41′34.0″ N, Longitude northern shoreline of Naval Base Coro- 117°13′40.6″ W; nado, the area enclosed by the fol- (iv) Latitude 32°41′34.0″ N, Longitude lowing points: Beginning at 32°42′53.0″ 117°13′34.1″ W. N, 117°11′45.0 W (Point A); thence run- (2) Because the area of this security ning northerly to 32°42′55.5″ N, zone is measured from the pier and 117°11′45.0″ W, (Point B); thence running from vessels moored thereto, the ac- easterly to 32°42′57.0″ N, 117°11′31.0″ W, tual area of this security zone will be (Point C); thence southeasterly to larger when a vessel is moored at 32°42′42.0″ N, 117°11′04.0″ W (Point D); Bravo Pier.

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(b) Regulations. In accordance with Thence south along the shoreline to the general regulations in § 165.33 of 32°41′11.2″ N 117°13′31.3″ W this part, entry into the area of this 32°41′11.2″ N 117°13′58.5″ W zone is prohibited unless authorized by Thence north along the shoreline to the the Captain of the Port or the Com- point of origin. manding Officer, Naval Air Station North Island. Section 165.33 also con- Datum: NAD 1983. (b) Regulations. (1) During submarine tains other general requirements. docking/undocking operations at the [COTP San Diego Reg. 85–11, 51 FR 3776, Jan. U.S. Naval Submarine Base on Ballast 30, 1986, as amended at 52 FR 8893, Mar. 20, Point, San Diego Bay, California, mari- 1987. Redesignated by USCG–2001–9286, 66 FR ners transiting within the regulated 33642, June 25, 2001] navigation area shall proceed at a § 165.1106 San Diego Bay, California— speed that generates no wake from safety zone. their vessel. (2) The Coast Guard will issue a (a) The waters of San Diego Bay en- Broadcast Notice to Mariners, and if closed by the following boundaries are time permits a Local Notice to Mari- a safety zone: ners, to inform the maritime commu- From a point located on the bound- nity of the dates and times of the sub- ary of Coast Guard Air Station San marine docking/undocking operations Diego, California at latitude 32°43′37.2″ ° ′ ″ covered by paragraph (b)(1). N, longitude 117 10 45.0 W (point A), for (3) The master and/or operator of a a point of beginning; thence southeast- ° ′ ″ vessel within the regulated navigation erly to latitude 32 43 36.2 N, longitude area shall comply with any other or- 117°10′41.5″ W (point B); thence south- ° ′ ″ ders or directions issued by the Coast westerly to latitude 32 43 20.2 N, lon- Guard as required for the safety of the gitude 117°10′49.5″ W (point C); thence ° ′ ″ submarine docking/undocking oper- northwesterly to latitude 32 43 25.7 N, ations covered by paragraph (b)(1). longitude 117°11′04.6″ W (point D); thence northeasterly to latitude [CGD11–90–07, 56 FR 14645, Apr. 11, 1991; 56 FR 32°43′35.7″ N, longitude 117°10′59.5″ W 40360, Aug. 14, 1991, as amended by USCG– (point E); thence generally easterly 1998–3799, 63 FR 35533, June 30, 1998. Redesig- nated by USCG–2001–9286, 66 FR 33642, June along the air station boundary to the 25, 2001] point of beginning (point A). (b)(1) In accordance with the general § 165.1108 Security Zones; Cruise regulations in § 165.23 of this part, Ships, Port of San Diego, California. entry into the area of this zone is pro- (a) Definition. ‘‘Cruise ship’’ as used hibited unless authorized by the Cap- in this section means a passenger ves- tain of the Port, except as provided for sel, except for a ferry, 100 gross tons or below. more, authorized to carry more than 12 (2) Vessels may transit the area of passengers for hire; capable of making this safety zone without permission, international voyages lasting more but may not anchor, stop, remain with- than 24 hours, any part of which is on in the zone, or approach within 100 the high seas; and for which passengers yards (92 meters) of the land area of are embarked, disembarked or at a port Coast Guard Air Station San Diego or of call in the San Diego port. structures attached thereto. (b) Location. The following areas are [CGD 85–034, 50 FR 14703, Apr. 15, 1985 and security zones: COTP San Diego Reg. 85–06, 50 FR 38003, (1) All waters, extending from the Sept. 19, 1985. Redesignated by USCG–2001– surface to the sea floor, within a 100 9286, 66 FR 33642, June 25, 2001] yard radius around any cruise ship that is anchored at a designated anchorage § 165.1107 San Diego Bay, California. within the San Diego port area inside (a) Location. The area encompassed the sea buoys bounding the port of San by the following geographic coordi- Diego. nates is a regulated navigation area: (2) The shore area and all waters, ex- 32°41′24.6″ N 117°14′21.9″ W tending from the surface to the sea 32°41′34.2″ N 117°13′58.5″ W floor, within a 100 yard radius around 32°41′34.2″ N 117°13′37.2″ W any cruise ship that is moored at any 780

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berth within the San Diego port area Guard can be contacted on San Diego inside the sea buoys bounding the Port Bay via VHF-FM channel 16. of San Diego; and (2) Vessels may enter a security zone (3) All waters, extending from the if it is necessary for safe navigation surface to the sea floor, within a 100 and circumstances do not allow suffi- yard radius around any cruise ship that cient time to obtain permission from is underway on the waters inside the the Captain of the Port. sea buoys bounding the Port of San [COTP San Diego 04–015, 69 FR 43915, July 23, Diego. 2004] (c) Regulations. (1) In accordance with the general regulation in § 165.33 of the § 165.1120 Security Zone; Naval Am- part, entry into or remaining in these phibious Base, San Diego, CA. zones is prohibited unless authorized (a) Location. The following area is a by the Coast Guard Captain of the security zone: the waters of San Diego Port, San Diego or his designated rep- Bay, enclosed by lines connecting the resentative. following points: Beginning at (2) Persons desiring to transit the 32°40′30.0″ N, 117°10′03.0″ W (Point A); area of the security zones may contact thence running northeasterly to the Captain of the Port at telephone 32°40′54.0″ N, 117°09′35.5″ W (Point B); number (619) 683–6495 or on VHF-FM thence running northeasterly to channel 16 (156.8 MHz) to seek permis- 32°40′55.0″ N, 117°09′27.0″ W (Point C); sion to transit the area. If permission thence running southeasterly to is granted, all persons and vessels must 32°40′43.0″ N, 117°09′09.0″ W (Point D); comply with the instructions of the thence running southerly to 32°40′39.0″ Captain of the Port or his or her des- N, 117°09′08.0″ (Point E); thence running ignated representative. southwesterly to 32°40′30.0″ N, (d) Authority. In addition to 33 U.S.C. 117°09′12.9″ W (Point F); thence running ° ′ ″ 1231 and 50 U.S.C. 191, the authority for a short distance to 32 40 29.0 N, ° ′ ″ this section includes 33 U.S.C. 1226. 117 09 14.0 W (Point G); thence running ° ′ ″ (e) Enforcement. The U.S. Coast Guard southwesterly to 32 40 26.0 N, 117°09′17.0″ W (Point H); thence running may be assisted in the patrol and en- ° ′ forcement of the security zones by the northwesterly to the shoreline to 32 40 31.0″ N, 117°09′ 22.5″ W (Point I), thence San Diego Harbor Police. running along the shoreline to the be- [COTP San Diego 02–026, 68 FR 1008, Jan. 8, ginning point. 2003] (b) Regulations. In accordance with the general regulations in § 165.33 of § 165.1110 Security Zone: Coronado this part, entry into the area of this Bay Bridge, San Diego, CA. zone is prohibited unless authorized by (a) Location. All navigable waters of the Captain of the Port or the Com- San Diego Bay, from the surface to the mander, Navy Region Southwest. sea floor, within 25 yards of all piers, (c) Enforcement. The U.S. Coast Guard abutments, fenders and pilings of the may be assisted in the patrol and en- Coronado Bay Bridge. These security forcement of this security zone by the zones will not restrict the main naviga- U.S. Navy. tional channel nor will it restrict ves- [CGD11–01–011, 67 FR 4661, Jan. 31, 2002] sels from transiting through the channel. § 165.1121 Security Zone: Fleet Supply (b) Regulations. (1) Under § 165.33, Center Industrial Pier, San Diego, entry into, transit through, loitering, CA. or anchoring within any of these secu- (a) Location. The following area is a rity zones by all persons and vessels is security zone: the waters of San Diego prohibited, unless authorized by the Bay extending approximately 100 feet Captain of the Port, or his designated from the north, west, and south sides of representative. Mariners seeking per- the Fleet Industrial Supply Center en- mission to transit through a security closed by lines connecting the fol- zone may request authorization to do lowing points: Beginning at 32°42′50″ N, so from Captain of the Port or his des- 117°10′25″ W (Point A); to 32°42′50″ N, ignated representative. The Coast 117°10′38″ W (Point B); to 32°42′54″ N,

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117°10′38″ W (Point C); to 32°42′54″ N, a means of transportation on water 117°10′25″ W (Point D). other than a public vessel. (b) Regulations. In accordance with (c) Applicability. This section applies the general regulations in § 165.33, to all vessels of 100 gross tons (GT) or entry into the area of this zone is pro- more, including tug and barge com- hibited unless authorized by the Cap- binations of 100 GT or more (com- tain of the Port or the Commander, bined), operating within the RNA, with Navy Region Southwest. Section 165.33 the exception of public vessels, vessels also contains other general require- not intending to cross the COLREGS ments. Demarcation Line and enter San Diego (c) Enforcement. The U.S. Coast Guard Bay or Mission Bay, and any vessels may be assisted in the patrol and en- exercising rights under principles of forcement of this security zone by the international law, including innocent U.S. Navy. passage or force majeure, within the area of this RNA. Vessels operating [CGD11–01–008, 67 FR 4660, Jan. 31, 2002] properly installed, operational, type approved automatic identification sys- § 165.1122 San Diego Bay, Mission Bay tem (AIS) as denoted in 33 CFR 164.46 and their Approaches—Regulated navigation area. are exempted from making requests as required in this regulation. (a) Regulated navigation area. The fol- (d) Regulations. (1) No vessel to which lowing area is a regulated navigation this rule applies may enter, depart or area (RNA): All waters of San Diego move within San Diego Bay or Mission Bay, Mission Bay, and their approaches Bay unless it complies with the fol- encompassed by a line commencing at lowing requirements: Point La Jolla (32°51′06″ N, 117°16′42″ W); (i) Obtain permission to enter San thence proceeding seaward on a line Diego Bay or Mission Bay from the bearing 255° T to the outermost extent Captain of the Port or designated rep- of the territorial seas; thence pro- resentative immediately upon entering ceeding southerly along the outermost the RNA. However, to avoid potential extent of the territorial seas to the delays, we recommend seeking permis- intersection of the maritime boundary sion 30 minutes prior to entering the with Mexico; thence proceeding eas- RNA. terly, along the maritime boundary (ii) Follow all instructions issued by with Mexico to its intersection with the Captain of the Port or designated the California coast; thence proceeding representative. northerly, along the shoreline of the (iii) Obtain permission for any depar- California coast—and including the in- ture from or movement within the land waters of San Diego Bay and Mis- RNA from the Captain of the Port or sion Bay, California, shoreward of the designated representative prior to get- COLREGS Demarcation Line —back to ting underway. the point of origin. All coordinates ref- (iv) Follow all instructions issued by erence 1983 North American Datum the Captain of the Port or designated (NAD 83). representative. (b) Definitions. As used in this sec- (v) Requests may be made by tele- tion— phone at 619–278–7033 (select option 2) COLREGS Demarcation Line means or via VHF-FM radiotelephone on the line described at 33 CFR 80.1104 or channel 16 (156.800 Mhz). The call sign 80.1106. for radiotelephone requests to the Cap- Public vessel means a vessel that is tain of the Port or designated rep- owned or demise—(bareboat) chartered resentative is ‘‘Coast Guard Sector San by the government of the United Diego.’’ States, by a State or local government, (2) For purposes of the requirements or by the government of a foreign in paragraph (d)(1) of this section, the country and that is not engaged in Captain of the Port or designated rep- commercial service. resentative means any official des- Vessel means every description of ignated by the Captain of the Port, in- watercraft or other artificial contriv- cluding but not limited to commis- ance used, or capable of being used, as sioned, warrant, and petty officers of

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the U.S. Coast Guard, and any U.S. (1) Section A Coast Guard patrol vessel. Upon being Beginning at 33°02.05′ N, 118°35.85′ W; hailed by a U.S. Coast Guard vessel by ° ′ ° ′ siren, radio, flashing light, or other thence to 33 04.93 N, 118 37.07 W; means, the operator of a vessel shall thence running parallel to the shore at proceed as directed. a distance of approximately 3 NM from ° ′ (e) Waivers. The Captain of the Port the high tide line to 33 02.82 N, ° ′ ° ′ ° ′ or designated representative may, upon 118 30.65 W; thence 33 01.29 N, 118 33.88 request, waive any regulation in this W; thence along the shoreline return- ° ′ ° ′ section. ing to 33 02.05 N, 118 35.85 W. [CGD11–05–002, 70 FR 70495, November 22, (2) Section B 2005] Beginning at 32°57.30′ N, 118°30.88′ W; § 165.1131 Security Zone: Wilson Cove, thence to 32°59.60′ N, 118°28.33′ W; San Clemente Island, California. thence running parallel to the shore at (a) Location. The following area is a a distance of approximately 3 NM from security zone: The water area adjacent the high tide line to 32°55.83′ N, to San Clemente Island, California 118°24.22′ W; thence to 32°53.53′ N, within 1.5 nautical miles (1.73 statute 118°26.52′ W; thence along the shoreline miles, 2.8 kilometers) of the shoreline returning to 32°57.30′ N, 118°30.88′ W. of San Clemente Island from Wilson (3) Section C Cove North End Light (LLNR 2565) to Spruce Pier, approximately 4.1 nautical Beginning at 32°53.53′ N, 118°26.52′ W; miles (4.7 statute miles, 7.65 kilo- thence to 32°55.83′ N, 118°24.22′ W; meters) southeast of Wilson Cove thence running parallel to the shore at North End Light, described as follows: a distance of approximately 3 NM from Starting at a point on the shoreline the high tide line to 32°47.27′ N, of San Clemente Island, California, in 118°18.23′ W; thence to 32°49.10′ N, position 33°01′25.0″ N, 118°33′43.0″ W, for 118°21.05′ W; thence along the shoreline a place of beginning (point A), thence returning to 32°53.53′ N, 118°26.52′ W. northeasterly to 33°02′11.0″ N, 118°32′13.5″ W (point B), thence south- (4) Section D ° ′ ″ ° ′ ″ easterly to 32 58 40.5 N, 118 29 15.5 W Beginning at 32°49.10′ N, 118°21.05′ W; (point C), thence southwesterly to ° ′ ° ′ ° ′ ″ ° ′ ″ thence to 32 47.27 N, 118 18.23 W; 32 57 54.0 N, 118 31 17.2 W (point D), thence running parallel to the shore at thence northwesterly along the shore- a distance of approximately 3 NM from line of San Clemente Island to the the high tide line to 32°48.38′ N, place of beginning. 118°31.69′ W; thence to 32°50.70′ N, (b) In accordance with Regulations. 118°29.37′ W; thence along the shoreline the general regulations in § 165.33 of returning to 32°49.10′ N, 118°21.05′ W. this part, entry into the area of this zone is prohibited unless authorized by (5) Section E the Captain of the Port, San Diego, California. Section 165.33 also contains Beginning at 32°50.70′ N, 118°29.37′ W; other general requirements. thence to 32°48.05′ N, 118°31.68′ W; thence running parallel to the shore at [COTP San Diego Reg. 87–04, 52 FR 18230, a distance of approximately 3 NM from May 14, 1987. Redesignated by USCG–2001– the high tide line to 32°53.62′ N, 9286, 66 FR 33642, June 25, 2001] 118°35.93′ W; thence to 32°56.13′ N, § 165.1141 Safety Zone; San Clemente 3 118°32.95′ W; thence along the shoreline NM Safety Zone, San Clemente Is- returning to 32°50.70′ N, 118°29.37′ W. land, CA. (6) Section F (a) Location. The following area is a safety zone: All waters of the Pacific Beginning at 32°56.13′ N, 118°32.95′ W; Ocean surrounding San Clemente Is- thence to 32°53.62′ N, 118°35.93′ W; land, from surface to bottom, extend- thence running parallel to the shore at ing from the high tide line on the is- a distance of approximately 3 NM from land seaward 3 NM. The zone consists the high tide line to 32°59.95′ N, of the following sections (see Figure 1): 118°39.77′ W; thence to 33°01.08′ N,

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118°36.33′ W; thence along the shoreline (8) Wilson Cove returning to 32°56.13′ N, 118°32.95′ W. Beginning at 33°01.28′ N, 118°33.88′ W; (7) Section G thence to 33°02.82′ N, 118°30.65′ W; thence running parallel to the shore at Beginning at 33°01.08’ N, 118°36.333’ W; a distance of approximately 3 NM from thence to 32°59.95′ N, 118°39.77′ W; the high tide line to 32°59.60’ N, thence running parallel to the shore at ° ′ ° ′ a distance of approximately 3 NM from 118 28.33 W; thence to 32 57.30 N, ° ′ the high tide line to 33°04.93′ N, 118 30.88 W; thence along the shoreline ° ′ ° ′ 118°37.07′ W; thence to 33°02.05′ N, returning to 33 01.28 N, 118 33.88 W. 118°35.85′ W; along the shoreline returning to 33°01.08′ N, 118°36.33′ W.

(b) Definitions. The following defini- state, and Federal law enforcement tion applies to this section: designated vessels who have been authorized to representative, means any commis- act on the behalf of the Captain of the sioned, warrant, and petty officers of Port (COTP). the Coast Guard on board Coast Guard, (c) Enforcement. (1) This regulation Coast Guard Auxiliary, and local, will be enforced at all times in Section

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G and the Wilson Cove section of the this practice and enforce the safety safety zone described in paragraph (a) zones in these two areas without excep- of this section. Mariners must obtain tion. permission in accordance with the pro- (3) All persons and vessels must com- cedure described in paragraph (d)(2) of ply with the instructions of the U.S. this section before entering either of Navy, Coast Guard Captain of the Port those sections (paragraphs (a)(7) and or the designated representative. (8)). (4) Upon being hailed by U.S. Navy or (2) This regulation will be enforced in U.S. Coast Guard patrol personnel by Sections A through F of the safety siren, radio, flashing light, or other zone described in paragraphs (a)(1) means, the operator of a vessel must through (6) of this section except when proceed as directed. the Coast Guard notifies the public (5) The U.S. Coast Guard may be as- that enforcement of the zone in speci- sisted in the patrol and enforcement of fied sections is temporarily suspended. the safety zone described in paragraph Mariners need not obtain permission in (a) of this section by the U.S. Navy and accordance with the procedure de- local law enforcement agencies. scribed in paragraph (d)(2) of this section to enter a zone section in which [USCG–2009–0277, 75 FR 28198, May 20, 2010] enforcement is temporarily suspended. At all other times, mariners must ob- § 165.1151 Security Zones; liquefied hazardous gas tank vessels, San tain permission in accordance with the Pedro Bay, California. procedure described in paragraph (d)(2) before entering any of those sections. (a) Definition. ‘‘Liquefied Hazardous (3) The COTP will provide notice of Gas’’ as used in this section means a suspended enforcement by means ap- liquid containing one or more of the propriate to effect the widest publicity, products listed in Table 127.005 of this including broadcast notice to mariners, part that is carried in bulk on board a publication in the local notice to mari- tank vessel as liquefied petroleum gas, ners, and posting the schedule of re- liquefied natural gas, or similar lique- stricted access periods by date, loca- fied gas products. tion and duration at http:// (b) Location. The following areas are www.scisland.org. security zones: (d) Regulations. (1) The general regu- (1) All waters, extending from the lations governing safety zones found in surface to the sea floor, within a 500 33 CFR 165.23 apply to the safety zone yard radius around any liquefied haz- described in paragraph (a) of this sec- ardous gas (LHG) tank vessel that is tion. anchored at a designated anchorage ei- (2) Mariners requesting permission to ther inside the Federal breakwaters transit through any section of the zone bounding San Pedro Bay or outside at may request authorization to do so designated anchorages within three from the Fleet Area Control and Sur- nautical miles of the breakwater; veillance Facility (FACSFAC) San (2) The shore area and all waters, ex- Diego by either calling 619–545–4742 or tending from the surface to the sea establishing a VHF bridge to bridge floor, within a 500 yard radius around radio connection on Channel 16. Imme- any LHG tank vessel that is moored, or diately upon completing transit, the in the process of mooring, at any berth vessel operator must promptly notify within the Los Angeles or Long Beach the FACSFAC of safe passage through port areas inside the Federal break- the safety zone. Failure to expedi- waters bounding San Pedro Bay; tiously notify FACSFAC of passage (3) All waters, extending from the through the safety zone will result in a surface to the sea floor, within 1000 determination by the Navy that the yards ahead and 500 yards on each side vessel is still in the safety zone, there- and astern of any LHG tank vessel that by restricting the use of the area for is underway either on the waters inside naval operations. If the Navy deter- the Federal breakwaters bounding San mines that facilitating safe transit Pedro Bay or on the waters within through the zone negatively impacts three nautical miles seaward of the range operations, the Navy will cease Federal breakwaters.

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(c) Regulations. (1) In accordance with Latitude Longitude the general regulations in § 165.33 of 33°35.50′ N ...... 118°17.60′ W this part, entry into or remaining in 33°35.50′ N ...... 118°09.00′ W these zones is prohibited unless author- 33°37.70′ N ...... 118°06.50′ W ized by the Coast Guard Captain of the 33°43.40′ N ...... 118°10.80′ W Port Los Angeles-Long Beach, or his or her designated representative. (2) The San Pedro Bay RNA consists (2) Persons desiring to transit the of the following named sub-areas, de- area of the security zone may contact fined by lines connecting their respec- the Captain of the Port at telephone tive geographic coordinates: number (800) 221–USCG (8724) or on (i) The Los Angeles Pilot Area: VHF-FM channel 16 (156.8 MHz) to seek Latitude Longitude permission to transit the area. If permission is granted, all persons and ves- 33°42.50′ N ...... 118°15.10′ W (Los Angeles Light) sels shall comply with the instructions 33°42.62′ N ...... 118°14.70′ W of the Captain of the Port or his or her 33°41.30′ N ...... 118°13.50′ W designated representative. 33°40.85′ N ...... 118°14.90′ W 33°42.50′ N ...... 118°15.10′ W (3) When any LHG tank vessels approach within 500 yards of a vessel that (ii) The Long Beach Pilot Area: is moored or anchored, the stationary vessel must stay moored or anchored Latitude Longitude while it remains within the LHG tank 33°43.40′ N ...... 118°11.20′ W vessel’s security zone unless it is either (Long Beach Light) ordered by or given permission from 33°43.40′ N ...... 118°10.80′ W the Captain of the Port Los Angeles- 33°41.50′ N ...... 118°10.22′ W 33°40.52′ N ...... 118°10.22′ W Long Beach to do otherwise. 33°40.52′ N ...... 118°11.82′ W (d) Authority. In addition to 33 U.S.C. 33°41.50′ N ...... 118°11.82′ W 1231 and 50 U.S.C. 191, the authority for 33°43.40′ N ...... 118°11.20′ W this section includes 33 U.S.C. 1226. (iii) The Los Angeles Deep Water Traf- (e) Enforcement. The U.S. Coast Guard fic Lane: may be assisted in the patrol and enforcement of these security zones by Latitude Longitude the Los Angeles Port Police and the 33°42.47′ N ...... 118°14.95′ W Long Beach Police Department. 33°42.56′ N ...... 118°14.75′ W 33°39.48′ N ...... 118°13.32′ W [COTP Los Angeles-Long Beach 02–005, 68 FR 33°39.42′ N ...... 118°13.55′ W 13233, Mar. 19, 2003] 33°42.47′ N ...... 118°14.95′ W

§ 165.1152 San Pedro Bay, California— (iv) The Long Beach Deep Water Traf- Regulated navigation area. fic Lane: (a) Applicability. This section applies to all vessels unless otherwise speci- Latitude Longitude fied. (Note: All geographic coordinates 33°43.43′ N ...... 118°11.15′ W are defined using North American 33°43.39′ N ...... 118°10.90′ W 33°41.51′ N ...... 118°10.71′ W Datum 1983 (NAD 83)). 33°41.50′ N ...... 118°10.95′ W (b) Deviations. The Captain of the 33°43.43′ N ...... 118°11.15′ W Port of Los Angeles-Long Beach or his or her designated representative may (v) Los Angeles Deep Water Pilot Area: authorize a deviation from the require- A 0.5nm radius around 33°39.00′ N, ments of this regulation when it is 118°13.19′ W. deemed necessary in the interests of (d) General regulations. The following safety. regulations contained in paragraphs (c) Location. (1) The San Pedro Bay (d)(1) through (d)(3) of this section Regulated Navigation Area (RNA) con- apply to power driven vessels of 1600 or sists of the water area enclosed by the more gross tons, a towing vessel of 8 Los Angeles-Long Beach breakwater meters (approximately 26 feet) or over and a line connecting Point Fermin in length engaged in towing, or vessels Light at 33°42.30′ N, 118°17.60′ W, with of 100 gross tons and upward carrying the following geographical positions: one or more passengers for hire.

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(1) A vessel shall not exceed a speed by an area enclosed by the line begin- of 12 knots through the water within ning at Los Angeles Main Channel En- the RNA. trance Light 2 (33°42.70′ N, 118°14.70′ W), (2) A vessel navigating within the thence east along the Middle Break- RNA, shall have its engine(s) ready for water to Long Beach Light (33°43.40′ N, immediate maneuver and shall operate 118°11.20′ W), thence south to (33°43.08′ its engine(s) in a control mode and on N, 118°11.26′ W), thence westerly to fuel that will allow for an immediate (33°43.08′ N, 118°12.26′ W), thence south- response to any engine order, ahead or westerly parallel to the breakwater to astern, including stopping its engine(s) (33°42.43′ N, 118°14.30′ W), thence to the for an extended period of time. point of origin, unless such vessel is: (3) A vessel navigating within the (i) In an emergency; RNA shall maintain a minimum sepa- (ii) Proceeding to anchor in or de- ration from other vessels of at least parting Commercial Anchorage G; 0.25 nm. (iii) Standing by with confirmed pilot (e) Specific regulations—(1) Los Angeles boarding arrangements; or, Pilot Area. (i) No vessel may enter the (iv) Engaged in towing vessels to or Los Angeles Pilot Area unless it is en- from Commercial Anchorage G, or to tering or departing Los Angeles Harbor or from the waters between Commer- entrance (Angels Gate). cial Anchorage G and the Middle (ii) Vessels entering the Los Angeles Breakwater. Pilot Area shall pass directly through without stopping or loitering except as [CGD11–00–007, 65 FR 62294, Oct. 18, 2000. Re- necessary to embark or disembark a designated by USCG–2001–9286, 66 FR 33642, pilot. June 25, 2001] (2) Long Beach Pilot Area. (i) No vessel § 165.1154 Security Zones; Cruise may enter the Long Beach Pilot Area Ships, San Pedro Bay, California. unless it is entering or departing Long Beach Harbor entrance (Queens Gate). (a) Definition. ‘‘Cruise ship’’ as used (ii) Vessels entering the Long Beach in this section means a passenger ves- Pilot Area shall pass directly through sel, except for a ferry, over 100 feet in without stopping or loitering except as length, authorized to carry more than necessary to embark or disembark a 12 passengers for hire; making voyages pilot. lasting more than 24 hours, any part of (iii) Every vessel shall leave Long which is on the high seas; and for Beach Approach Lighted Whistle Buoy which passengers are embarked or dis- ‘‘LB’’ to port when entering and de- embarked in the Port of Los Angeles or parting Long Beach Channel and de- Port of Long Beach. parting vessels shall pass across the (b) Location. The following areas are southern boundary of the Long Beach security zones: Pilot Area. (1) All waters, extending from the (3) Los Angeles and Long Beach Deep surface to the sea floor, within a 100 Water Traffic Lanes. When a vessel of 50 yard radius around any cruise ship that foot draft or greater is using the Los is anchored at a designated anchorage Angeles or Long Beach Deep Water either inside the Federal breakwaters Traffic Lane no other vessel shall enter bounding San Pedro Bay or outside at the Deep Water Traffic Lane if it will designated anchorages within 3 nau- result in a meeting, crossing or over- tical miles of the Federal breakwaters; taking situation. (2) The shore area and all waters, ex- (4) Los Angeles Deep Water Pilot Area. tending from the surface to the sea When a vessel of 50 foot draft or great- floor, within a 100 yard radius around er is embarking or disembarking a any cruise ship that is moored, or is in pilot in the Los Angeles Deep Water the process of mooring, at any berth Pilot Area no other vessel shall enter within the Los Angeles or Long Beach the Deep Water Pilot Area. port areas inside the Federal break- (5) Vessels described in paragraph (d) waters bounding San Pedro Bay; and of this section may not enter the wa- (3) All waters, extending from the ters between Commercial Anchorage G surface to the sea floor, within 200 and the Middle Breakwater as defined yards ahead, and 100 yards on each side

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and astern of a cruise ship that is un- Port, Los Angeles-Long Beach, or his derway either on the waters inside the or her designated representative. Federal breakwaters bounding San (2) Persons desiring to transit the Pedro Bay or on the waters within 3 area of the security zone may contact nautical miles seaward of the Federal the Captain of the Port at telephone breakwaters. number 1–800–221–8724 or on VHF-FM (c) Regulations. (1) In accordance with channel 16 (156.8 MHz). If permission is the general regulations in § 165.33 of granted, all persons and vessels must this part, entry into or remaining in comply with the instructions of the these zones is prohibited unless author- Captain of the Port or his or her des- ized by the Coast Guard Captain of the ignated representative. Port, Los Angeles-Long Beach, or his (c) Authority. In addition to 33 U.S.C. designated representative. 1231, the authority for this section in- (2) Persons desiring to transit the cludes 33 U.S.C. 1226. area of the security zone may contact the Captain of the Port at telephone [COTP Los Angeles-Long Beach 02–006, 67 FR number 1–800–221–USCG (8724) or on 77430, Dec. 18, 2002] VHF-FM channel 16 (156.8 MHz) to seek permission to transit the area. If per- § 165.1156 Safety Zone; Offshore Ma- rine Terminal, El Segundo, CA. mission is granted, all persons and vessels must comply with the instructions (a) Location. The following area is a of the Captain of the Port or his or her safety zone: All waters of Santa designated representative. Monica Bay, from surface to bottom, (3) When a cruise ship approaches enclosed by a line beginning at latitude within 100 yards of a vessel that is 33°54′59″ N, longitude 118°26′50″ W; then moored, or anchored, the stationary to latitude 33°54′59″ N, longitude vessel must stay moored or anchored 118°27′34″ W; then to latitude 33°54′00″ N, while it remains within the cruise longitude 118°27′34″ W; then to latitude ship’s security zone unless it is either 33°54′00″ N, longitude 118°26′50″ W; then ordered by, or given permission from, to the point of beginning (NAD 1983). the COTP Los Angeles-Long Beach to (b) Regulations. (1) In accordance with do otherwise. the general regulations in § 165.23 of (d) Authority. In addition to 33 U.S.C. this part, entry into or movement 1231 and 50 U.S.C. 191, the authority for within this zone is prohibited except this section includes 33 U.S.C. 1226. for: (e) Enforcement. The U.S. Coast Guard (i) Commercial vessels authorized to may be assisted in the patrol and en- use the offshore marine terminal for forcement of the security zone by the loading or unloading; Los Angeles Port Police and the Long (ii) Commercial tugs, lighters, Beach Police Department. barges, launches, or other vessels au- [COTP Los Angeles-Long Beach 02–004, 67 FR thorized to engage in servicing the off- 72563, Dec. 6, 2002] shore marine terminal or vessels therein; § 165.1155 Security Zone; Diablo Can- (iii) Public vessels of the United yon Nuclear Power Plant, Avila States. Beach, California. (2) Persons desiring to transit the (a) Location. The following area is a area of the safety zone may contact the security zone: all waters of the Pacific Captain of the Port at telephone num- Ocean, from surface to bottom, within ber 1–800–221–8724 or on VHF-FM chan- a 2,000 yard radius of Diablo Canyon nel 16 (156.8 MHz). If permission is Nuclear Power Plant centered at posi- granted, all persons and vessels must tion 35°12′23″ N, 120°51′23″ W. [Datum: comply with the instructions of the NAD 83]. Captain of the Port or his or her des- (b) Regulations. (1) In accordance with ignated representative. the general regulations in § 165.33 of (3) Nothing in this section shall be this part, entry into or remaining in construed as relieving the owner or this zone is prohibited unless author- person in charge of any vessel from ized by the Coast Guard Captain of the complying with the Navigation Rules

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as defined in 33 CFR chapter I, sub- regulated navigation area via the most chapters D and E and safe navigation direct route consistent with naviga- practice. tional safety. (2) During periods of vessels conges- [COTP Los Angeles-Long Beach 03–002, 70 FR 30640, May 27, 2005] tion within the Copper Canyon area, as determined by the Captain of the Port § 165.1171 Copper Canyon, Lake or his or her designated on-scene rep- Havasu, Colorado River—Regulated resentative, the regulated navigation Navigation Area. area will be closed to all vessels, with (a) Location. The following is a regu- the exception of patrol vessels. During lated navigation area: designated closure periods, no vessel (1) In the water area of Copper Can- may enter, remain in, or transit yon, Lake Havasu, Colorado River, be- through the regulated navigation area, ginning at the approximate center of with the exception of patrol vessels. the mouth of Copper Canyon and draw- Designation of periods of vessel conges- ing a line down the approximate center tion and announcement of the closure of the canyon extending shoreward to of the regulated navigation area will be the end of the navigable waters of the conducted by broadcast notices to canyon, and comprising a semi-rectan- mariners on VHF-FM Channel 16 no gular area extending 30 feet on each less frequently than every hour for the side of the line, for a total semi-rectan- duration of the closure period. gular width of 60 feet. (3) Each person in the regulated navi- (2) This line is more precisely de- gation area shall comply with the di- scribed as: beginning at latitude rections of the Captain of the Port or 34°25′67.6″ N, longitude 114°18′38.5″ W, his or her designated on-scene rep- thence southwesterly to latitude resentative regarding vessel operation. 34°25′64″ N, longitude 114°18′45.7″ W, [CGD11–97–010, 63 FR 38308, July 16, 1998. Re- thence northwesterly to latitude designated by USCG–2001–9286, 66 FR 33642, 34°25′65.6″ N, longitude 114°18′46.7″ W, June 25, 2001] thence southeasterly to latitude 34°25′60.7″ N, longitude 114°18′42.7″ W, § 165.1181 San Francisco Bay Region, California—regulated navigation thence southwesterly to longitude area. 34°25′51.4″ N, latitude 114°18′46.2″ W, thence southeasterly to latitude (a) Applicability. This section applies 34°25′47.1″ N, longitude 114°18′49.4″ W, to all vessels unless otherwise speci- thence to the end of the navigable wa- fied. ters of the canyon. (b) Deviations. The Captain of the (b) Definitions. For the purposes of Port, San Francisco Bay, or the Com- this section: manding Officer, Vessel Traffic Service (1) Vessel: Every description of San Francisco, as a representative of watercraft, used or capable of being the Captain of the Port, may authorize a deviation from the requirements of used as a means of transportation on this regulation when it is deemed nec- the water, and regardless of mode of essary in the interests of safety. power. (c) Regulated Navigation Areas—(1) (2) Patrol Vessel: Vessels designated (i) The fol- by the Captain of the Port, San Diego, San Francisco Bay RNA. lowing is a regulated navigation area— to enforce or assist in enforcing these The waters bounded by a line con- regulations, including Coast Guard, necting the following coordinates, be- Coast Guard Auxiliary, and San ginning at: Bernardino County Sheriff’s Depart- ment Vessels. 37°47′18″ N, 122°30′22″ W; thence to 37°48′55″ N, (c) Regulations. (1) Vessels, with the 122°31′41″ W; thence along the shoreline to exception of patrol vessels, shall not 37°50′38″ N, 122°28′37″ W; thence to 37°50′59″ N, anchor, moor, loiter in, or otherwise 122°28′00″ W; thence to 37°51′45″ N, 122°27′28″ W; ° ′ ″ ° ′ ″ impede the transit of any other vessel thence to 37 52 58 N, 122 26 06 W; thence to 37°51′53″ N, 122°24′58″ W; thence to 37°51′53″ N, within the regulated navigation area. 122°24′00″ W; thence to 37°51′40″ N, 122°23′48″ W; Furthermore, all vessels, with the ex- thence to 37°49′22″ N, 122°23′48″ W; thence to ception of patrol vessels, shall expedi- 37°48′20″ N, 122°22′12″ W; thence to 37°47′02″ N, tiously and continuously transit the 122°21′33″ W; thence to 37°47′02″ N, 122°23′04″ W;

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thence along the shoreline to the point of be- 37°48′41″ N, 122°25′17″ W; thence to 37°48′50″ N, ginning. 122°26′14″ W; thence to 37°48′52″ N, 122°27′49″ W.

Datum: NAD 83 Datum: NAD 83 (ii) The San Francisco Bay RNA con- (3) Deep Water (two-way) Traffic Lane: sists of the following defined sub-areas: Bounded by the Central Bay pre- (A) Golden Gate Traffic Lanes—(1) cautionary area and the Golden Gate Westbound traffic lane: Bounded by the precautionary area, between the Deep Golden Gate precautionary area and Water Traffic Lane separation zone and the COLREGS Demarcation Line (33 a line connecting the following coordi- CFR 80.1142), between the separation nates, beginning at: zone and a line connecting the fol- ° ′ ″ ° ′ ″ ° ′ ″ lowing coordinates: 37 49 55 N, 122 28 09 W; thence to 37 50 36 N, 122°27′12″ W; thence to 37°50′47″ N, 122°26′26″ W. 37°48′30″ N, 122°31′22″ W; thence to 37°49′03″ N, 122°29′52″ W. Datum: NAD 83 Datum: NAD 83 (D) Central Bay Separation Zone: The area 75 yards each side of a line con- (2) Eastbound traffic lane. Bounded by necting the following coordinates, be- the COLREGS Demarcation Line (33 ginning at: CFR 80.1142) and the Golden Gate precautionary area, between the separa- 37°49′17″ N, 122°27′47″ W; thence to 37°49′35″ N, ° ′ ″ tion zone and a line connecting the fol- 122 25 25 W. lowing coordinates: Datum: NAD 83 ° ′ ″ ° ′ ″ ° ′ ″ 37 47 50 N, 122 30 48 W; thence to 37 48 30 N, (E) Deep Water Traffic Lane Separation 122°29′29″ W. Zone: The area 75 yards each side of a Datum: NAD 83 line connecting the following coordinates, beginning at: (3) Golden Gate Separation Zone: The area 75 yards each side of a line con- 37°49′36″ N, 122°27′46″ W; thence to 37°50′22″ N, ° ′ ″ ° ′ ″ ° ′ ″ necting the following coordinates: 122 26 49 W; thence to 37 50 25 N, 122 26 22 W. 37°48′08″ N, 122°31′05″ W; thence to 37°48′46″ N, Datum: NAD 83 122°29′40″ W. (F) Central Bay Precautionary Area: Datum: NAD 83 An area bounded by a line connecting the following coordinates, beginning (B) Golden Gate Precautionary Area: at: An area bounded by a line connecting the following coordinates beginning at: 37°48′41″ N, 122°25′17″ W; thence to 37°49′32″ N, 122°25′13″ W; thence to 37°50′25″ N, 122°26′22″ W; 37°48′30″ N, 122°29′29″ W; thence to 37°48′52″ N, thence to 37°50′47″ N, 122°26′26″ W; thence to 122°28′41″ W; thence to 37°48′52″ N, 122°27′49″ W; 37°51′04″ N, 122°24′58″ W; thence to 37°51′53″ N, thence to 37°49′36″ N, 122°27′46″ W; thence to 122°24′58″ W; thence to 37°51′53″ N, 122°24′00″ W; 37°49′55″ N, 122°28′09″ W; thence to 37°49′28″ N, thence to 37°51′40″ N, 122°23′48″ W; thence to 122°28′45″ W; thence to 37°49′03″ N, 122°29′52″ W; 37°49′22″ N, 122°23′48″ W; thence to 37°48′20″ N, thence returning to the point of beginning. 122°22′12″ W; thence to 37°47′02″ N, 122°21′33″ W; thence to 37°47′02″ N, 122°23′04″ W; thence re- Datum: NAD 83 turning along the shoreline to the point of (C) Central Bay Traffic Lanes—(1) beginning. Westbound traffic lane: Bounded by the Datum: NAD 83 Central Bay precautionary area and the Golden Gate precautionary area, (2) North Ship Channel RNA. The fol- between the Central Bay and the Deep lowing is a regulated navigation area— Water Traffic Lane separation zones. The waters bounded by a line con- (2) Eastbound traffic lane: Bounded by necting the following coordinates, be- the Golden Gate precautionary area ginning at: and the Central Bay precautionary 37°51′53″ N, 122°24′58″ W; thence to 37°54′15″ N, area, between the Central Bay Separa- 122°27′27″ W; thence to 37°56′06″ N, 122°26′49″ W; tion Zone and a line connecting the fol- thence to 37°56′06″ N, 122°26′34″ W; thence to lowing coordinates, beginning at: 37°54′48″ N, 122°26′42″ W; thence to 37°54′02″ N,

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122°26′10″ W; thence to 37°51′53″ N, 122°24′00″ W; 37°54′28″ N, 122°23′36″ W; thence to thence to returning to the point of begin- 37°54′20″ N, 122°23′38″ W; thence to ning. 37°54′23″ N, 122°24′02″ W; thence to 37°54′57″ N, 122°24′51″ W; thence to Datum: NAD 83 37°55′05″ N, 122°25′02″ W; thence to 37°54′57″ N, 122°25′22″ W; thence to (3) San Pablo Strait Channel RNA. The 37°53′26″ N, 122°25′03″ W; thence to following is a regulated navigation 37°53′24″ N, 122°25′13″ W; thence to area—The waters bounded by a line 37°55′30″ N, 122°25′35″ W; thence to connecting the following coordinates, 37°55′40″ N, 122°25′10″ W; thence to ° ′ ″ ° ′ ″ beginning at: 37 54 54 N, 122 24 30 W; thence to 37°54′30″ N, 122°24′00″ W; thence returning to 37°56′06″ N, 122°26′49″ W; thence to 37°57′26″ N, the point of beginning. 122°27′21″ W; thence to 38°00′48″ N, 122°24′45″ W; thence to 38°01′54″ N, 122°22′24″ W; thence to Datum: NAD 83 38°01′44″ N, 122°22′18″ W; thence to 37°57′37″ N, 122°26′23″ W; thence to 37°56′06″ N, 122°26′34″ W; (7) Oakland Harbor RNA: The fol- thence returning to the point of beginning. lowing is a regulated navigation area— The waters bounded by a line con- Datum: NAD 83 necting the following coordinates, beginning at: (4) Pinole Shoal Channel RNA. The following is a regulated navigation area— 37°48′40″ N, 122°19′58″ W; thence to The waters bounded by a line con- 37°48′50″ N, 122°20′02″ W; thence to ° ′ ″ ° ′ ″ necting the following coordinates, be- 37 48 29 N, 122 20 39 W; thence to 37°48′13″ N, 122°21′26″ W; thence to ginning at: 37°48′10″ N, 122°21′39″ W; thence to 38°01′54″ N, 122°22′25″ W; thence to 38°03′13″ N, 37°48′20″ N, 122°22′12″ W; thence to 122°19′50″ W; thence to 38°03′23″ N, 122°18′31″ W; 37°47′36″ N, 122°21′50″ W; thence to thence to 38°03′13″ N, 122°18′29″ W; thence to 37°47′52″ N, 122°21′40″ W; thence to 38°03′05″ N, 122°19′28″ W; thence to 38°01′44″ N, 37°48′03″ N, 122°21′00″ W; thence to 122°22′18″ W; thence returning to the point of 37°47′48″ N, 122°19′46″ W; thence to beginning. 37°47′55″ N, 122°19′43″ W; thence returning along the shoreline to the point of the begin- Datum: NAD 83 ning. (5) Benicia-Martinez Railroad Draw- Datum: NAD 83 bridge Regulated Navigation Area (RNA): (d) General regulations. (1) A power- The following is a regulated navigation driven vessel of 1600 or more gross tons, area—The waters bounded by the fol- or a tug with a tow of 1600 or more lowing longitude lines: gross tons, navigating within the RNAs (i) 122°13′31″ W (coinciding with the defined in paragraph (c) of this section, charted location of the Carquinez shall not exceed a speed of 15 knots Bridge) through the water. (ii) 121°53′17″ W (coinciding with the (2) A power-driven vessel of 1600 or charted location of New York Point) more gross tons, or a tug with a tow of Datum: NAD 83 1600 or more gross tons, navigating (6) Southampton Shoal Channel/Rich- within the RNAs defined in paragraph mond Harbor RNA: The following, con- (c) of this section, shall have its en- sisting of two distinct areas, is a regu- gine(s) ready for immediate maneuver lated navigation area— and shall operate its engine(s) in a con- (i) The waters bounded by a line control mode and on fuel that will allow necting the following coordinates, be- for an immediate response to any en- ginning at: gine order, ahead or astern, including 37°54′17″ N, 122°22′00″ W; thence to 37°54′08″ N, stopping its engine(s) for an extended 122°22′00″ W; thence to 37°54′15″ N, 122°23′12″ W; period of time. thence to 37°54′30″ N, 122°23′09″ W; thence (3) The master, pilot or person direct- along the shoreline to the point of beginning. ing the movement of a vessel within the RNAs defined in paragraph (c) of Datum: NAD 83 this regulation shall comply with Rule (ii) The waters bounded by a line con- 9 of the Inland Navigation Rules (INRs) necting the following coordinates, be- (33 U.S.C. 2009) in conjunction with the ginning at: provisions of the associated INRs.

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(e) Specific Regulations—(1) San Fran- (A) Carrying certain dangerous car- cisco Bay RNA: (i) A vessel shall navi- goes (as denoted in § 160.203 of this sub- gate with particular caution in a pre- chapter); cautionary area, or in areas near the (B) Carrying bulk petroleum prod- terminations of traffic lanes or chan- ucts; or nels, as described in this regulation. (C) A tank vessel in ballast. (ii) A power-driven vessel of 1600 or (iii) Vessels permitted to use this more gross tons, or a tug with a tow of channel shall proceed at a reasonable 1600 or more gross tons, shall: speed so as not to endanger other ves- (A) Use the appropriate traffic lane sels or interfere with any work which and proceed in the general direction of may become necessary in maintaining, traffic flow for that lane; surveying, or buoying the channel, and (B) Use the Central Bay Deep Water they shall not anchor in the channel Traffic Lane if eastbound with a draft except in case of a deviation authorized of 45 feet or greater or westbound with under paragraph (b) of this section. a draft of 28 feet or greater; (iv) This paragraph shall not be con- (C) Not enter the Central Bay Deep strued as prohibiting any necessary use Water Traffic Lane when another of the channel by any public vessels power-driven vessel of 1600 or more while engaged in official duties, or in gross tons or tug with a tow of 1600 or emergencies by pilot boats. more gross tons is navigating therein (3) Benicia-Martinez Railroad Draw- when either vessel is: bridge Regulated Navigation Area (1) Carrying certain dangerous car- (RNA)—(i) Eastbound vessels: (A) The goes (as denoted in section 160.203 of master, pilot, or person directing the this subchapter); movement of a power-driven vessel of (2) Carrying bulk petroleum prod- 1600 or more gross tons or a tug with a ucts; or tow of 1600 or more gross tons traveling (3) A tank vessel in ballast if such eastbound and intending to transit entry would result in meeting, cross- under the lift span (centered at coordi- ° ′ ″ ° ′ ″ ing, or overtaking the other vessel. nates 38 02 18 N, 122 07 17 W) of the railroad bridge across Carquinez Strait (D) Normally join or leave a traffic at mile 7.0 shall, immediately after en- lane at the termination of the lane, but tering the RNA, determine whether the when joining or leaving from either visibility around the lift span is 1⁄2 nau- side, shall do so at as small an angle to tical mile or greater. the general direction of traffic flow as (B) If the visibility is less than 1⁄2 practicable; nautical mile, or subsequently becomes (E) So far as practicable keep clear of less than 1⁄2 nautical mile, the vessel the Central Bay Separation Zone and shall not transit under the lift span. the Deep Water Traffic Lane Separa- (ii) Westbound vessels: (A) The master, tion Zone; pilot, or person directing the move- (F) Not cross a traffic lane separation ment of a power-driven vessel of 1600 or zone unless crossing, joining, or leav- more gross tons or a tug with a tow of ing a traffic lane. 1600 or more gross tons traveling west- (2) Pinole Shoal Channel RNA: (i) A bound and intending to transit under vessel less than 1600 gross tons or a tug the lift span (centered at coordinates with a tow of less than 1600 gross tons 38°02′18″ N, 122°07′17″ W) of the railroad is not permitted within this RNA. bridge across Carquinez Strait at mile (ii) A power-driven vessel of 1600 or 7.0 shall, immediately after entering more gross tons or a tug with a tow of the RNA determine whether the visi- 1600 or more gross tons shall not enter bility around the lift span is 1⁄2 nau- Pinole Shoal Channel RNA when an- tical mile or greater. other power-driven vessel of 1600 or (B) If the visibility is less than 1⁄2 more gross tons or tug with a tow of nautical mile, the vessel shall not pass 1600 or more gross tons is navigating beyond longitude line 121°55′19″ W (co- therein if such entry would result in inciding with the charted position of meeting, crossing, or overtaking the the westernmost end of Mallard Island) other vessel, when either vessel is: until the visibility improves to greater

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than 1⁄2 nautical mile around the lift tions 37°46.9′ N, 122°35.4′ W & 37°46.5′ N, span. 122°35.2′ W, respectively) until safely (C) If after entering the RNA visi- moored at the Weapons Support Facil- bility around the lift span subse- ity Seal Beach Detachment Concord on quently becomes less than 1⁄2 nautical Suisun Bay (position 38°03.3′ N, 122°02.5′ mile, the master, pilot, or person di- W). All coordinates referenced use recting the movement of the vessel ei- datum: NAD 1983. ther shall not transit under the lift (2) All waters within 100 yards of such span or shall request a deviation from vessels described in paragraph (a)(1) of the requirements of the RNA as pre- this section while such vessels are con- scribed in paragraph (b) of this section. ducting cargo operations at the Weap- (D) Vessels that are moored or an- ons Support Facility Seal Beach De- chored within the RNA with the intent tachment Concord. to transit under the lift span shall re- (b) Notification. Commander, Elev- main moored or anchored until visi- enth Coast Guard District, will cause bility around the lift span becomes notice of the activation of this safety/ greater than 1⁄2 nautical mile. security zone to be made by all appro- (4) Southampton Shoal/Richmond Har- priate means to effect the widest pub- bor RNA: A power-driven vessel of 1600 licity among the affected segments of or more gross tons, or a tug with a tow the public, including publication in the of 1600 or more gross tons, shall not FEDERAL REGISTER as practicable, in enter Southampton Shoal/Richmond accordance with the provisions of 33 Harbor RNA when another power-driv- CFR 165.7(a); such means of announce- en vessel of 1600 or more gross tons, or ment may include, but are not limited a tug with a tow of 1600 or more gross to, Broadcast Notice to Mariners. The tons, is navigating therein, if such Coast Guard will issue a Broadcast No- entry would result in meeting, cross- tice to Mariners notifying the public ing, or overtaking the other vessel. when nuclear materials cargo handling (5) Oakland Harbor RNA: A power- has been completed. driven vessel of 1600 or more gross tons (c) Effective Period. The safety/secu- or a tug with a tow of 1600 or more rity zone will be effective commencing gross tons shall not enter the Oakland at the time any vessel described in Harbor RNA when another power-driv- paragraph (a)(1) of this section enters en vessel of 1600 or more gross tons, or the zone described in paragraph (a)(1) a tug with a tow of 1600 or more gross of this section and will remain in effect tons, is navigating therein, if such until all spent nuclear materials cargo entry would result in meeting, cross- handling operations have been coming, or overtaking the other vessel. pleted at Weapons Support Facility [CGD11–94–007, 60 FR 16796, Apr. 3, 1995; 60 FR Seal Beach Detachment Concord. 30157, June 7, 1995. Redesignated by USCG– (d) Regulations. The general regula- 2001–9286, 66 FR 33642, June 25, 2001, as tions governing safety and security amended by USCG–2003–15404, 68 FR 37741, June 25, 2003; CGD11–03–001, 69 FR 2843, Jan. zones contained in both 33 CFR 165.23 21, 2004] in 33 CFR 165.33 apply. Entry into, transit through, or anchoring within § 165.1182 Safety/Security Zone: San this moving safety/security zone is pro- Francisco Bay, San Pablo Bay, hibited unless authorized by Com- Carquinez Strait, and Suisun Bay, mander, Eleventh Coast Guard Dis- CA. trict, or his designated representative. (a) Regulated area. The following area [CGD11–98–005, 63 FR 38754, July 20, 1998. Re- is established as a moving safety/secu- designated by USCG–2001–9286, 66 FR 33642, rity zone: June 25, 2001] (1) All waters 200 yards ahead and astern and 100 yards to each side of § 165.1183 Security Zones; Cruise every vessel transporting nuclear ma- Ships, Tankers and High Interest terials on behalf of the United States Vessels, San Francisco Bay and Department of Energy while such ves- Delta Ports, Monterey Bay and sels transit from a line drawn between Humboldt Bay, California. San Francisco Main Ship Channel (a) Definitions. As used in this sec- buoys 7 and 8 (LLNR 4190 & 4195, position—

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Cruise ship means any vessel over 100 4 nautical mile radius line drawn to the gross register tons, carrying more than west of the Humboldt Bay Entrance 12 passengers for hire which makes Lighted Whistle Buoy HB (LLNR 8130), voyages lasting more than 24 hours, of in position 40°46.25′ N, 124°16.13′ W. which any part is on the high seas. Pas- (c) Regulations. (1) In accordance with sengers from cruise ships are embarked the general regulations in § 165.33 of or disembarked in the U.S. or its terri- this part, entry into or remaining in tories. Cruise ships do not include fer- this zone is prohibited unless author- ries that hold Coast Guard Certificates ized by the Coast Guard Captain of the of Inspection endorsed for ‘‘Lakes, Port, San Francisco Bay, or his des- Bays and Sounds’’ that transit inter- ignated representative. national waters for only short periods (2) Persons desiring to transit the of time on frequent schedules. area of the security zone may contact High Interest Vessel or HIV means any the Captain of the Port at telephone vessel deemed by the Captain of the number 415–399–3547 or on VHF-FM Port, or higher authority, as a vessel channel 16 (156.8 MHz) to seek permis- requiring protection based upon risk sion to transit the area. If permission assessment analysis of the vessel and is is granted, all persons and vessels must therefore escorted by a Coast Guard or comply with the instructions of the other law enforcement vessel with an Captain of the Port, or his designated embarked Coast Guard commissioned, representative. warrant, or petty officer. Tanker means any self-propelled tank [COTP San Francisco Bay 04–003, 70 FR 18307, vessel constructed or adapted pri- Apr. 11, 2005] marily to carry oil or hazardous materials in bulk in the cargo spaces. § 165.1185 Regulated Navigation Area; (b) Locations. The following areas are San Francisco Bay, San Pablo Bay, Carquinez Strait, Suisun Bay, Sac- security zones: ramento River, San Joaquin River, (1) San Francisco Bay. All waters, ex- and connecting waters in Cali- tending from the surface to the sea fornia. floor, within 100 yards ahead, astern and extending 100 yards along either (a) Location. All waters of San Fran- side of any cruise ship, tanker or HIV cisco Bay, San Pablo Bay, Carquinez that is underway, anchored, or moored Strait, Suisun Bay, Sacramento River, within the San Francisco Bay and San Joaquin River, and connecting wa- Delta port areas shoreward of the line ters in California are a Regulated Navi- drawn between San Francisco Main gation Area. Ship Channel buoys 7 and 8 (LLNR 4190 (b) Definitions. ‘‘Liquefied hazardous & 4195, positions 37°46.9′ N, 122°35.4′ W gas (LHG)’’ is a liquid containing one and 37°46.5′ N, 122°35.2′ W, respectively); or more of the products listed in Table (2) Monterey Bay. All waters, extend- 127.005 of 33 CFR 127.005 that is carried ing from the surface to the sea floor, in bulk on board a tank vessel as a liq- within 100 yards ahead, astern and ex- uefied gas product. The hazards nor- tending 100 yards along either side of mally associated with these products any cruise ship, tanker or HIV that is include toxic or flammable properties underway, anchored, or moored within or a combination of both. the Monterey Bay area shoreward of a (c) Regulations. All vessels loaded line drawn between Santa Cruz Light with a cargo of liquefied hazardous gas (LLNR 305) to the north in position (LHG) within this Regulated Naviga- 36°57.10′ N, 122°01.60′ W, and Cypress tion Area must proceed directly to Point, Monterey to the south, in posi- their intended cargo reception facility tion 36°34.90′ N, 121°58.70′ W. to discharge their LHG cargo, unless: (3) Humboldt Bay. All waters, extend- (1) The vessel is otherwise directed or ing from the surface to the sea floor, permitted by the Captain of the Port. within 100 yards ahead, astern and ex- The Captain of the Port can be reached tending 100 yards along either side of at telephone number (415) 399–3547 or on any cruise ship, tanker or HIV that is VHF-FM channel 16 (156.8 MHz). If per- underway, anchored, or moored within mission is granted, all persons and ves- the Humboldt Bay area shoreward of a sels must comply with the instructions

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of the Captain of the Port or his or her § 165.1190 Security Zone; San Fran- designated representative. cisco Bay, Oakland Estuary, Ala- (2) The vessel is in an emergency sit- meda, CA. uation and unable to proceed as di- (a) Location. The following area is a rected in paragraph (a) of this section security zone: All navigable waters of without endangering the safety of per- the Oakland Estuary, California, from sons, property, or the environment. the surface to the sea floor, approximately 50 yards into the Oakland Estu- [CGD11 04–001, 69 FR 30206, May 27, 2004] ary surrounding the Coast Guard Island § 165.1187 Security Zones; Golden Gate Pier. The perimeter of the security Bridge and the San Francisco-Oak- zone follows the same perimeter as the land Bay Bridge, San Francisco floating security barrier installed Bay, California. around the Coast Guard Island pier. The perimeter of the security barrier is (a) Location. All waters extending located along the following coordi- from the surface to the sea floor, with- nates: commencing at a point on land in 25 yards of all piers, abutments, approximately 50 yards northwest of fenders and pilings of the Golden Gate the northwestern end of the Coast Bridge and the San Francisco-Oakland Guard Island Pier at latitude Bay Bridge, in San Francisco Bay, 37°46′53.60″ N and longitude 122°15′06.10″ California. W; thence to the edge of the navigable (b) Regulations. (1) In accordance with channel at latitude 37°46′51.83″ N and the general regulations in § 165.33 of longitude 122°15′07.47″ W; thence to a this part, entry into these security position approximately 10 yards into zones is prohibited, unless doing so is the charted navigation channel at lati- necessary for safe navigation, to con- tude 37°46′51.27″ N and longitude duct official business such as scheduled 122°15′07.22″ W; thence closely paral- maintenance or retrofit operations, or leling the edge of the charted naviga- unless specifically authorized by the tion channel to latitude 37°46′46.75″ N Captain of the Port San Francisco Bay and longitude 122°15′00.21″ W; thence or his designated representative. closely paralleling the edge of the (2) Persons desiring to transit the charted navigation channel to a point area of the security zone may contact approximately 20 yards into the the Captain of the Port at telephone charted navigation channel at latitude number 415–399–3547 or on VHF-FM 37°46′42.36″ N and longitude 122°14′51.55″ channel 16 (156.8 MHz) to seek permis- W; thence to a point on land approxi- sion to transit the area. If permission mately 50 yards southeast of the south- is granted, all persons and vessels must eastern end of the Coast Guard Island comply with the instructions of the Pier at latitude 37°46′44.80″ N and lon- Captain of the Port or his or her des- gitude 122°14′48.80″ W; thence northwest ignated representative. along the shoreline back to the begin- (c) Enforcement. All persons and ves- ning point. sels shall comply with the instructions (b) Regulations. (1) Under § 165.33, of the Coast Guard Captain of the Port entry into or remaining in this zone is or the designated on-scene patrol per- prohibited unless authorized by the sonnel. Patrol personnel comprise com- Coast Guard Captain of the Port, San missioned, warrant, and petty officers Francisco Bay, or his designated rep- of the Coast Guard onboard Coast resentative. Guard, Coast Guard Auxiliary, local, (2) Persons desiring to transit the state, and federal law enforcement ves- area of the security zone may contact sels. Upon being hailed by U.S. Coast the Captain of the Port at telephone Guard patrol personnel by siren, radio, number 415–399–3547 or on VHF-FM channel 16 (156.8 MHz) to seek permis- flashing light, or other means, the op- sion to transit the area. If permission erator of a vessel shall proceed as di- is granted, all persons and vessels must rected. comply with the instructions of the [COTP San Francisco Bay 03–029, 69 FR 11316, Captain of the Port or his designated Mar. 10, 2004] representative.

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(c) Enforcement. The Captain of the (1) In accordance with the general Port will enforce this security zone and regulations in § 165.23 of this part, en- may be assisted in the patrol and entering into, transiting through, or an- forcement of this security zone by any choring within these zones is prohib- Federal, State, county, municipal, or ited, unless authorized by the Patrol private agency. Commander. [COTP San Francisco Bay 05–006, 70 FR 48874, (2) Each person in a safety zone who Aug. 22, 2005] receives notice of a lawful order or direction issued by an official patrol ves- § 165.1191 Safety zones: Northern Cali- sel shall obey the order or direction. fornia annual fireworks events. (3) The Patrol Commander (a) General. Safety zones are estab- (PATCOM) is empowered to forbid and lished for the events listed in Table 1 of control the movement of all vessels in this section. Further information on the regulated area. The Patrol Com- exact dates, times, and other details mander shall be designated by the concerning the exact geographical de- Commander, Coast Guard Sector San scription of the areas are published by the Eleventh Coast Guard District in Francisco; will be a U.S. Coast Guard the Local Notice to Mariners prior to commissioned officer, warrant officer each event. or petty officer to act as the Sector (b) Regulations. ‘‘Official Patrol Ves- Commander’s official representative; sels’’ consist of any Coast Guard, other and will be located aboard the lead offi- Federal, state or local law enforce- cial patrol vessel. ment, and any public or sponsor-pro- (4) The Patrol Commander may, upon vided vessels assigned or approved by request, allow the transit of commer- Commander, Coast Guard Sector San cial vessels through regulated areas Francisco, to patrol each event. when it is safe to do so.

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

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

Fourth of July Fireworks, City of Monterey

Sponsor ...... City of Monterey, Recreation & Community Services Department. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Monterey Bay, East of Municipal Wharf #2. Regulated Area ...... That area of navigable waters within a 1,000 foot radius of the launch platform.

Fourth of July Fireworks, City of Sausalito

Sponsor ...... City of Sausalito. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... 1,000 feet off-shore from Sausalito waterfront, North of Spinnaker Rest. Regulated Area ...... That area of navigable waters within a 1,000 foot radius of the launch platform.

Fourth of July Fireworks, Lake Tahoe

Sponsor ...... Anchor Trust. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... 1,000 feet off Incline Village, Nevada in Crystal Bay.

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

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

Fourth of July Fireworks, South Lake Tahoe Gaming Alliance

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

Independence Day Fireworks

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

July 4th Fireworks Display

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

San Francisco Chronicle Fireworks Display

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

Vallejo Fourth of July Fireworks

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

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

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§ 165.1192 Security Zones; Waters sur- ing in this zone is prohibited unless au- rounding San Francisco Inter- thorized by the Coast Guard Captain of national Airport and Oakland Inter- the Port, San Francisco Bay, or his national Airport, San Francisco designated representative. Bay, California. (2) Persons desiring to transit the (a) Locations. The following areas are area of a security zone may contact the security zones: Captain of the Port at telephone num- (1) San Francisco International Airport ber 415–399–3547 or on VHF-FM channel Security Zone. This security zone in- 16 (156.8 MHz) to seek permission to cludes all waters extending from the transit the area. If permission is grant- surface to the sea floor within approxi- ed, all persons and vessels must comply mately 200 yards seaward from the with the instructions of the Captain of shoreline of the San Francisco Inter- the Port or his or her designated rep- national Airport and encompasses all resentative. waters in San Francisco Bay within a (c) Enforcement. All persons and ves- line connecting the following geo- sels shall comply with the instructions graphical positions— of the Coast Guard Captain of the Port or the designated on-scene patrol per- Latitude Longitude sonnel. Patrol personnel comprise com- 37°36′19″ N 122°22′36″ W missioned, warrant, and petty officers 37°36′45″ N 122°122′18″ W of the Coast Guard onboard Coast 37°36′26″ N 122°21′30″ W 37°36′31″ N 122°21′21″ W Guard, Coast Guard Auxiliary, local, 37°36′17″ N 122°20′45″ W state, and federal law enforcement ves- 37°36′37″ N 122°20′40″ W sels. Upon being hailed by U.S. Coast 37°36′50″ N 122°21′08″ W 37°37′00″ N 122°21′12″ W Guard patrol personnel by siren, radio, 37°37′21″ N 122°21′53″ W flashing light, or other means, the op- 37°37′39″ N 122°21′44″ W erator of a vessel shall proceed as di- 37°37′56″ N 122°21′51″ W 37°37′50″ N 122°22′20″ W rected. 37°38′25″ N 122°22′54″ W 37°38′23″ N 122°23′01″ W [COTP San Francisco Bay 03–009, 69 FR 34282, June 21, 2004]

and along the shoreline back to the be- § 165.1195 Regulated Navigation Area; ginning point. Humboldt Bay Bar Channel and (2) Oakland International Airport Secu- Humboldt Bay Entrance Channel, rity Zone. This security zone includes Humboldt Bay, California. all waters extending from the surface (a) Location. The Regulated Naviga- to the sea floor within approximately tion Area (RNA) includes all navigable 200 yards seaward from the shoreline of waters of the Humboldt Bay Bar Chan- the Oakland International Airport and nel and the Humboldt Bay Entrance encompasses all waters in San Fran- Channel, Humboldt Bay, California. cisco Bay within a line connecting the (b) Definitions. As used in this sec- following geographical positions— tion— Latitude Longitude COTP means the Captain of the Port as defined in Title 33, Code of Federal 37°43′35″ N 122°15′00″ W Regulations, Section 1.01–30 and 3.55–20. 37°43′40″ N 122°15′05″ W 37°43′34″ N 122°15′12″ W Sector means Coast Guard Sector/Air 37°43′24″ N 122°15′11″ W Station Humboldt Bay. 37°41′54″ N 122°13′05″ W Sector Commander means the Com- 37°41′51″ N 122°12′48″ W 37°41′53″ N 122°12′44″ W manding Officer of Coast Guard Sector/ 37°41′35″ N 122°12′18″ W Air Station Humboldt Bay. 37°41′46″ N 122°12′08″ W Hazardous material means any of the 37°42′03″ N 122°12′34″ W 37°42′08″ N 122°12′32″ W materials or substances listed in 46 37°42′35″ N 122°12′30″ W CFR 153.40. 37°42′40″ N 122°12′06″ W Humboldt Bay Area means the area described in the location section of this and along the shoreline back to the be- regulation. ginning point. Oil means oil of any kind or in any (b) Regulations. (1) Under § 165.33, en- form, including but not limited to, pe- tering, transiting through, or anchor- troleum, fuel oil, sludge, oil refuse, and

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oil mixed with wastes other than (3) If the bar is closed to vessels to dredged spoil. which this regulation applies, waiver Station means Coast Guard Station requests will be accepted within four Humboldt Bay. hours of crossing the entrance channel. Tank Vessel means any vessel that is If the waiver request is made between constructed or adapted to carry, or 6:30 a.m. and 10 p.m., the request that carries, oil or hazardous material should be made to Station Humboldt in bulk as cargo or cargo residue. Bay on VHF-FM Channel 16, or at (707) (c) Applicability. These regulations 443–2213. If between 10 p.m. and 6:30 apply to the owners and operators of a.m., or if unable to reach the Station, tank vessels transporting oil or haz- the request can be made directly to ardous material as cargo within the Sector/Air Station Humboldt Bay on Humboldt Bay Area. VHF-FM Channel 16 or at (707) 839–6113. Waiver requests must be made by the (d) Regulations. (1) In addition to the vessel master and must provide the fol- arrival and departure notification re- lowing: A description of the proposed quirements listed in title 33 CFR, part operation, the conditions for which the 160, Ports and Waterways Safety—Gen- waiver is requested, the reasons for re- eral, subpart C—Notifications of ‘‘Ar- questing the waiver, the reasons that rivals, Departures, Hazardous Condi- the requester believes the proposed op- tions, and Certain Dangerous Cargoes’’, eration can be accomplished safely, the owner, master, agent or person in and a callback phone number. The Sta- charge of a vessel to which this notice tion or Sector Watchstander receiving applies shall obtain permission to cross the request will brief the Officer in within four hours of crossing the Hum- Charge of the Station who will then boldt Bay Bar. Between 6:30 a.m. and 10 brief the Sector Commander. The au- p.m., notification/requests for permis- thority to grant waivers rests with the sion can be made to Station Humboldt Sector Commander or his designated Bay on VHF-FM Channel 16, or at (707) representative. 443–2213. If between 10 p.m. and 6:30 (4) In addition to the requirements in a.m., or if unable to reach the Station, paragraphs (d)(1)–(3) of this section, notification/requests for permission vessels transporting liquefied haz- can be made directly to Sector/Air Sta- ardous gases or compressed hazardous tion Humboldt Bay on VHF-FM Chan- gases in bulk as cargo into or out of nel 16 or at (707) 839–6113. Humboldt Bay are required to be aided (2) Permission for a bar crossing by by two assist tugs. If the vessel car- vessels or towing vessels and their tows rying the gases is towed, the assist tug to which this regulation applies is de- requirement is in addition to the tow- pendent on environmental and safety ing tug. The assist tugs shall escort the factors, including but not limited to: vessel through its transit and must be Sea state, winds, visibility, size and stationed so as to provide immediate type of vessel or tow, wave period, time assistance in response to the loss of of day/night, and tidal currents. The power or steering of the cargo vessel, final decision to close the bar rests its towing tug, or loss of control over with Humboldt Bay Sector Commander the tow. or his designated representative. At a (5) Vessels to which this regulation minimum, Humboldt Bay Bar Channel applies may be required by the Sector crossings by vessels subject to this ad- Commander or his designated rep- visory will generally not be permitted resentative to be escorted by a Coast unless all of the following conditions Guard vessel during their transit. In exist: Proper permission to cross has addition, if a vessel master, agent, or been received, sea conditions at the bar pilot has concerns about the safety of a are less than 6 feet, winds at the bar vessel’s transit through the Humboldt are less than 30 knots, the transit will Bay Entrance Channel, a Coast Guard take place during daylight hours, the escort may be requested. Requests for vessel has only a single tow or no tow, an escort should be directed to Station the visibility at the bar is greater than on VHF-FM channel 16 or at (707) 443– 1,000 yards, and the vessel and tow are 2213 between 6:30 a.m. and 10 p.m., or to in proper operating condition. Sector on VHF-FM channel 16 or at

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(707) 839–6113 if between 10 p.m. and 6:30 extending from the surface to the sea a.m. floor within approximately 100 yards of (e) Enforcement. Acting as a rep- the Conoco-Phillips Wharf, Rodeo, CA, resentative of the Captain of the Port, and encompasses all waters in San the Humboldt Bay Sector Commander Pablo Bay within a line connecting the will enforce this regulation and has the following geographical positions— authority to take steps necessary to ensure the safe transit of vessels in Latitude Longitude Humboldt Bay. The Sector Commander 38°03′06.0″ N 122°15′32.4″ W can enlist the aid and cooperation of 38°03′20.7″ N 122°15′35.8″ W any Federal, State, county, and munic- 38°03′21.8″ N 122°15′29.8″ W 38°03′29.1″ N 122°15′31.8″ W ipal agency to assist in the enforce- 38°03′23.8″ N 122°15′55.8″ W ment of the regulation. All persons and 38°03′16.8″ N 122°15′53.2″ W vessels shall comply with the instruc- 38°03′18.6″ N 122°15′45.2″ W ° ′ ″ ° ′ ″ tions of the Sector Commander or the 38 03 04.0 N 122 15 42.0 W designated on-scene patrol personnel. Patrol personnel comprise commis- and along the shoreline back to the be- sioned, warrant, and petty officers of ginning point. the Coast Guard onboard Coast Guard, (3) Shell Terminal, Carquinez Strait. Coast Guard Auxiliary, local, State, This security zone includes all waters and Federal law enforcement vessels. extending from the surface to the sea Upon being hailed by U.S. Coast floor within approximately 100 yards of Guard patrol personnel by siren, radio, the Shell Terminal, Martinez, CA, and flashing light, or other means, the op- encompasses all waters in San Pablo erator of a vessel shall proceed as di- Bay within a line connecting the fol- rected. lowing geographical positions— [CGD11–05–006, 70 FR 49492, Aug. 24, 2005] Latitude Longitude 38°01′39.8″ N 122°07′40.3″ W § 165.1197 Security Zones; San Fran- 38°01′54.0″ N 122°07′43.0″ W cisco Bay, San Pablo Bay, 38°01′56.9″ N 122°07′37.9″ W Carquinez Strait, Suisun Bay, Cali- 38°02′02.7″ N 122°07′42.6″ W fornia. 38°01′49.5″ N 122°08′08.7″ W 38°01′43.7″ N 122°08′04.2″ W (a) Locations. The following areas are 38°01′50.1″ N 122°07′50.5″ W security zones: 38°01′36.3″ N 122°07′47.6″ W (1) Chevron Long Wharf, San Francisco Bay. This security zone includes all wa- and along the shoreline back to the be- ters extending from the surface to the ginning point. sea floor within approximately 100 (4) Amorco Pier, Carquinez Strait. This yards of the Chevron Long Wharf, security zone includes all waters ex- Richmond, CA, and encompasses all tending from the surface to the sea waters in San Francisco Bay within a floor within approximately 100 yards of line connecting the following geo- the Amorco Pier, Martinez, CA, and en- graphical positions— compasses all waters in the Carquinez Strait within a line connecting the fol- Latitude Longitude lowing geographical positions— 37°55′52.2″ N 122°24′04.7″ W 37°55′41.8″ N 122°24′07.1″ W Latitude Longitude 37°55′26.8″ N 122°24′35.9″ W 37°55′47.1″ N 122°24′55.5″ W 38°02′03.1″ N 122°07′11.9″ W 37°55′42.9″ N 122°25′03.5″ W 38°02′05.6″ N 122°07′18.9″ W 37°55′11.2″ N 122°24′32.8″ W 38°02′07.9″ N 122°07′14.9″ W 37°55′14.4″ N 122°24′27.5″ W 38°02′13.0″ N 122°07′19.4″ W 37°55′19.7″ N 122°24′23.7″ W 38°02′05.7″ N 122°07′35.9″ W 37°55′22.2″ N 122°24′26.2″ W 38°02′00.5″ N 122°07′31.1″ W 37°55′38.5″ N 122°23′56.9″ W 38°02′01.8″ N 122°07′27.3″ W 37°55′47.8″ N 122°23′53.3″ W 38°01′55.0″ N 122°07′11.0″ W

and along the shoreline back to the be- and along the shoreline back to the beginning point. ginning point. (2) Conoco-Phillips, San Pablo Bay. (5) Valero, Carquinez Strait. This secu- This security zone includes all waters rity zone includes all waters extending

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from the surface to the sea floor within federal, state and local law enforce- approximately 100 yards of the Valero ment as necessary. Pier, Benicia, CA, and encompasses all [COTP San Francisco Bay 05–007, 71 FR 12138, waters in the Carquinez Strait within a Mar. 9, 2006] line connecting the following geographical positions— § 165.1199 Security Zones; Military Ocean Terminal Concord (MOTCO), Latitude Longitude Concord, California. 38°02′37.6″ N 122°07′51.5″ W (a) Location. The security zone(s) en- 38°02′34.7″ N 122°07′48.9″ W compass the navigable waters of 38°02′44.1″ N 122°07′34.9″ W Suisun Bay, California, extending from ° ′ ″ ° ′ ″ 38 02 48.0 N 122 07 37.9 W the surface to the sea floor, within 500 38°02′47.7″ N 122°07′42.1″ W yards of the three Military Ocean Ter- minal Concord (MOTCO) piers in Con- and along the shoreline back to the be- cord, California. ginning point. (b) Regulations. (1) The Captain of the (6) Avon Pier, Suisun Bay. This secu- Port (COTP) San Francisco Bay will rity zone includes all waters extending enforce the security zone(s) established from the surface to the sea floor within by this section during military onload approximately 100 yards of the Avon or offload operations only upon notice. Pier, Martinez, CA, and encompasses Upon notice of enforcement by the all waters in Suisun Bay within a line COTP, entering, transiting through or connecting the following geographical anchoring in the zone(s) is prohibited positions— unless authorized by the COTP or his designated representative. Upon notice Latitude Longitude of suspension of enforcement by the 38°02′24.6″ N 122°04′52.9″ W COTP, all persons and vessels are 38°02′54.0″ N 122°05′19.5″ W granted general permissions to enter, 38°02′55.8″ N 122°05′16.1″ W transit, and exit the security zone(s). ° ′ ″ ° ′ ″ 38 03 02.1 N 122 05 19.4 W (2) If more than 1 pier is involved in 38°02′55.1″ N 122°05′42.6″ W 38°02′48.8″ N 122°05′39.2″ W onload or offload operations at the 38°02′52.4″ N 122°05′27.7″ W same time, the 500-yard security zone 38°02′46.5″ N 122°05′22.4″ W for each involved pier will be enforced. (3) Persons desiring to transit the and along the shoreline back to the be- area of a security zone may contact the ginning point. Patrol Commander on scene on VHF- (b) Regulations. (1) In accordance with FM channel 13 or 16 or the COTP at the general regulations in § 165.33, telephone number 415–399–3547 to seek entry into the security zones described permission to transit the area. If per- in paragraph (a) of this section is pro- mission is granted, all persons and ves- hibited, unless specifically authorized sels must comply with the instructions by the Captain of the Port San Fran- of the COTP or his designated rep- cisco Bay, or his designated representa- resentative. tive. (c) Enforcement. All persons and vessels must comply with the instructions (2) Persons desiring to transit the of the Coast Guard Captain of the Port area of a security zone may contact the or the designated on-scene patrol per- Captain of the Port at telephone num- sonnel. Patrol personnel comprise com- ber 415–399–3547 or on VHF-FM channel missioned, warrant, and petty officers 16 (156.8 MHz) to seek permission to of the Coast Guard onboard Coast transit the area. If permission is grant- Guard, Coast Guard Auxiliary, local, ed, all persons and vessels must comply state, and federal law enforcement ves- with the instructions of the Captain of sels. The U.S. Coast Guard may be as- the Port or his designated representa- sisted in the patrol and enforcement of tive. the security zones by local law enforce- (c) Enforcement. The U.S. Coast Guard ment and the MOTCO police as nec- may be assisted in the patrol and en- essary. Upon being hailed by U.S. Coast forcement of these security zones by Guard patrol personnel by siren, radio,

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flashing light, or other means, the op- thorized by the Captain of the Port or erator of a vessel must proceed as di- his designated representative. rected. (c) Enforcement. The safety zone will (d) Notice of enforcement or suspension be enforced daily June 15, 2010 through of enforcement of security zone(s). The September 31, 2010 between the hours of COTP San Francisco Bay will cause no- 5:30 a.m. and 7:30 p.m. tification of enforcement of the secu- (1) The Captain of the Port, Sector rity zone(s) to be made by issuing a Portland, will notify the public of the Local Notice to Mariners and a Broad- enforcement and suspension of enforce- cast Notice to Mariners to inform the ment of the safety zone established by affected segments of the public. During this section via any means that will periods that the security zone(s) are provide as much notice as possible to being enforced, Coast Guard patrol per- the public. These means might include sonnel will notify mariners to keep out some or all of those listed in 33 CFR of the security zone(s) as they ap- 165.7(a). The primary method of notifi- proach the area. In addition, Coast cation, however, will be through Broad- Guard Sector San Francisco Bay main- cast Notice to Mariners and local No- tains a telephone line that is main- tice to Mariners. tained 24 hours a day, 7 days a week. (d) Effective period. The safety zone The public can contact Sector San created in paragraph (a) of this section Francisco Bay at (415) 399–3530 to ob- will be in effect from 12:01 a.m. June 15, tain information concerning enforce- 2010 until 11:59 p.m. September 30, 2010 ment of this rule. When the security while work is being conducted on the zone(s) are no longer needed, the COTP jetty. will cease enforcement of the security zone(s) and issue a Broadcast Notice to EFFECTIVE DATE NOTE: By USCG–2010–0214, 75 FR 35972, June 24, 2010, temporary Mariners to notify the public. Upon no- § 165.T13–137 was added, effective from June tice of suspension of enforcement, all 24, 2010 until 11:59 p.m. on Sept. 30, 2010. persons and vessels are granted general permissions to enter, move within and § 165.T13–149 Safety Zone; McNary- exit the security zone(s). John Day Transmission Line Project, Columbia River, [COTP San Francisco Bay 04–007, 70 FR 3301, Hermiston, OR. Jan. 24, 2005] (a) Location: The following is a safety THIRTEENTH COAST GUARD DISTRICT zone: All waters of the Columbia River between two lines with the first line § 165.T13–137 Safety Zone; North Jetty, starting at the north bank at 45° 56′ named the Barview Jetty, 16.5″ N/119° 19′ 24″ W then across the Tillamook Bay, OR. river to the south bank at 45° 55′ 47″ N/ (a) Location. The following area is a 119° 19′ 07″ W and the second line start- safety zone: All waters within a 250 feet ing at the north bank at 45° 56′ 05″ N/ radius of the north jetty, named the 119° 19′ 48″ W and then across the river Barview Jetty, near Tillamook Bay, to the south bank at 45° 55′ 44″ N/119° 19′ Oregon starting at latitude 45°34′12″ N, 38″ W. Geographically this location is longitude 123°57′31″ W; thence heading from the West bridge of I–82 east ap- offshore to latitude 45°34′12″ N, lon- proximately 1200 feet toward the gitude 123°57′58″ W; thence across the McNary Dam. tip of the jetty to latitude 45°34′17.5″ N, (b) Regulations. In accordance with longitude 123°57′58″ W; thence back in- the general regulations in 33 CFR Part land to latitude 45° 34′ 15″ N, longitude 165, Subpart C, no person may enter or 123°57′31″ W. remain in the safety zone created in (b) Regulations. In accordance with this section or bring, cause to be the general regulations in § 165.23, no brought, or allow to remain in the safe- person may enter or remain in the safety zone created in this section any ve- ty zone created in paragraph (a) of this hicle, vessel, or object unless author- section or bring, cause to be brought, ized by the Captain of the Port or his or allow to remain in the safety zone designated representative. Designated created in paragraph (a) of this section representatives are Coast Guard per- any vehicle, vessel or object unless au- sonnel authorized by the Captain of the

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Port to grant persons or vessels per- VHF-FM radio frequency for the area mission to enter or remain in the safe- in which the vessel is operating. A safe ty zone created by this section. See 33 alternative to the radio listening CFR part 165, subpart C, for additional watch is to stay clear of the TSS and information and requirements. connecting precautionary area. (c) Enforcement period. The safety (2) Vessels engaged in gill net fishing zone created in this section will be in at any time between sunset and sunrise effect from 10 a.m.. on June 10, 2010 in any of the waters defining the regu- through 11:59 p.m. on October 31, 2011. lated navigation are of this section shall, in addition to the navigation EFFECTIVE DATE NOTE: By USCG–2010–0504, 75 FR 33999, June 16, 2010, temporary lights and shapes required by Part 81 of § 165.T13–149 was added, effective from June this title (72 COLREGS), display at the 16, 2010 until 11:59 p.m. on Oct. 31, 2010. end of the net most distant from the vessel on all-round (32-point) white § 165.1301 Puget Sound and Adjacent light visible for a minimum of two nau- Waters in Northwestern Wash- tical miles and displayed from at least ington—Regulated Navigation Area. three feet above the surface of the The following is a regulated naviga- water. tion area—All of the following north- (3) Vessels engaged in fishing, includ- western Washington waters under the ing gillnet and purse seine fishing, are jurisdiction of the Captain of the Port, prohibited in the following Prohibited Puget Sound: Puget Sound, Hood Fishing Area: The Hood Canal Bridge, Canal, Possession Sound, Elliott Bay, to include the waters within a one-half Commencement Bay, the San Juan Ar- nautical mile radius of the center of chipelago, Rosario Strait, Guemes the main ship channel draw span dur- Channel, Bellingham Bay, U.S. waters ing the immediate approach and tran- of the Strait of the Strait of Juan de sit of the draw by public vessels of the Fuca, Haro Strait, Boundary Pass, and United States. Georgia Strait, and all lesser bays and (4) East of New Dungeness, vessels harbors adjacent to the above. engaged in fishing in a traffic lane or (a) Definitions as used in this sec- connecting precautionary area shall tion: tend nets or other gear placed in the (1) Vessels engaged in fishing are as water so as to facilitate the movement identified in the definition found in of the vessel or gear from the traffic Rule 3 of the International Regulations lane or precautionary area upon the for Prevention of Collisions at Sea, approach of a vessel following the TSS. 1972, (72 COLREGS), found in appendix (d) Congested Regulations: The provi- A, part 81 of this chapter. sions under this paragraph apply only (2) Hazardous levels of vessel traffic when imposed in specific locations by congestion are as defined at the time by Puget Sound Vessel Traffic Service. Puget Sound Vessel Traffic Service. They are intended to enhance vessel (b) Nothing in this section shall be traffic safety during periods and in lo- construed as relieving any party from cations where hazardous levels of ves- their responsibility to comply with ap- sel traffic congestion are deemed to plicable rules set forth in the 72 exist by Puget Sound Vessel Traffic COLREGS. Service. Operations potentially cre- (c) General Regulations: The provi- ating vessel traffic congestion include, sions of this paragraph apply at all but are not limited to, vessels engaged times. in fishing, including gillnet or purse (1) Vessels engaged in fishing or seine, recreational fishing derbies, re- other operations—that are distinct gattas, or permitted marine events. from vessels following a TSS or a con- (1) Vessels engaged in fishing or necting precautionary area east of New other operations—that are distinct Dungeness and which are not required from vessels following a Traffic Sepa- by the Bridge to Bridge Radiotelephone ration Scheme (TSS) or a connecting Regulations to maintain a listening precautionary area east of New Dunge- watch, are highly encouraged to main- ness, may not remain in, nor their gear tain a listening watch on the Puget remain in, a traffic lane or a con- Sound Vessel Traffic Service (PSVTS) necting precautionary area east of New

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Dungeness when a vessel following a ment of the vessel following the TSS TSS approaches. Such vessels not fol- may deviate from this section to the lowing a TSS or a connecting pre- extent necessary to avoid endangering cautionary area shall draw in their persons, property, or the environment, gear, maneuver, or otherwise clear and shall report the deviation to the these areas so that their action is com- VTC as soon as possible. plete at least fifteen minutes before [CGD 13–98–002, 63 FR 7708, Feb. 17, 1998] the arrival of a vessel following the TSS. Vessels which are required by this § 165.1302 Bangor Naval Submarine paragraph to remain clear of a con- Base, Bangor, WA. necting precautionary area east of New (a) Location. The following is a secu- Dungeness or a traffic lane must also rity zone: The waters of the Hood remain clear of the adjacent separation Canal encompassed by a line com- zone when in a TSS east of New Dunge- mencing on the east shore of Hood ness. Canal at latitude 47°43′17″ N., longitude (2) A vessel following the TSS may 122°44′44″ W., thence to latitude 47°43′32″ not exceed a speed of 11 knots through N., longitude 122°44′40″ W.; thence to the water. latitude 47°43′50″ N., longitude 122°44′40″ (3) Vessels engaged in fishing, includ- W.; thence to latitude 47°44′24″ N., lon- ing gillnet and purse seine fishing, are gitude 122°44′22″ W.; thence to latitude prohibited in the following Prohibited 47°45′47″ N., longitude 122°43′22″ W.; Fishing Area: Edmonds/Kingston ferry thence to latitude 47°46′23″ N., lon- crossing lanes, to include the waters gitude 122°42′42″ W.; thence to latitude within one-quarter nautical mile on ei- 47°46′23″ N., longitude 122°42′20″ W.; ther side of a straight line connecting thence to latitude 47°46′20″ N., lon- the Edmonds and Kingston ferry land- gitude 122°42′12″ W.: thence southerly ings during the hours that the ferry is along the shoreline to the point of be- operating. ginning. (e) Authorization to deviate from (b) Security zone anchorage. The fol- this section. lowing is a security zone anchorage: (1) Commander, Thirteenth Coast Area No. 2. Waters of Hood Canal with- Guard District may, upon written re- in a circle of 1,000 yards diameter cen- quest, issue an authorization to deviate tered on a point located at latitude from this section if the proposed devi- 47°46′26″ N., longitude 122°42′49″ W. ation provides a level of safety equiva- (c) Special Regulations. (1) Section lent to or beyond that provided by the 165.33 paragraphs, (a), (e), and (f) do not required procedure. An application for apply to the following vessels or indi- authorization must state the need for viduals on board those vessels: the deviation and describe the proposed (i) Public vessels of the United alternative operation. States, other than United States Naval (2) PSVTS may, upon verbal request, vessels. authorize a deviation from this section (ii) Vessels that are performing work for a voyage, or part of a voyage, if the at Naval Submarine Base Bangor pur- proposed deviation provides a level of suant to a contract with the United safety equivalent to or beyond that States Navy which requires their pres- provided by the required procedure. ence in the security zone. The deviation request must be made (iii) Any other vessels or class of ves- well in advance to allow the requesting sels mutually agreed upon in advance vessel and the Vessel Traffic Center by the Captain of the Port and Com- (VTC) sufficient time to assess the manding Officer, Naval Submarine safety of the proposed deviation. Dis- Base Bangor. Vessels operating in the cussions between the requesting vessel security zone under this exemption and the VTC should include, but are must have previously obtained a copy not limited to, information on vessel of a certificate of exemption permit- handling characteristics, traffic den- ting their operation in the security sity, radar contracts, and environ- zone from the Security Office, Naval mental conditions. Submarine Base Bangor. This written (3) In an emergency, the master, exemption shall state the date(s) on pilot, or person directing the move- which it is effective and may contain

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any further restrictions on vessel oper- W.), must keep the center of the pre- ations within the security zone as have cautionary area to port. been previously agreed upon by the Captain of the Port and Commanding NOTE: The center of precautionary area ‘‘RB’’ is not marked by a buoy. Officer, Naval Submarine Base Bangor. The certificate of exemption shall be (2) The Puget Sound Vessel Traffic maintained on board the exempted ves- Service (PSVTS) may, upon verbal re- sel so long as such vessel is operating quest, authorize a onetime deviation in the security zone. from paragraph (c)(1) of this section for (2) Any vessel authorized to enter or a voyage, or part of a voyage, if the remain in the security zone may an- proposed deviation provides a level of chor in the security zone anchorage. safety equivalent to or beyond that (3) Other vessels desiring access to provided by the required procedure. this zone shall secure permission from The deviation request must be made the Captain of the Port through the Se- well in advance to allow the requesting curity Office of the Naval Submarine vessel and the Vessel Traffic Center Base Bangor. The request shall be for- (VTC) sufficient time to assess the warded in a timely manner to the Cap- safety of the proposed deviation. Dis- tain of the Port by the appropriate cussions between the requesting vessel Navy official. and the VTC should include, but are (d) Enforcement. The U.S. Coast not limited to, information on the ves- Guard may be assisted in the patrol sel handling characteristics, traffic and monitoring of this security zone by the U.S. Navy. density, radar contacts, and environmental conditions. [CDG13 87–06, 52 FR 47924, Dec. 17, 1987] (3) In an emergency, the master, pilot, or person directing the move- § 165.1303 Puget Sound and adjacent ment of the vessel may deviate from waters, WA—regulated navigation area. paragraph (c)(1) of this section to the extent necessary to avoid endangering (a) The following is a regulated navi- persons, property, or the environment, gation area: the waters of the United and shall report the deviation to the States east of a line extending from VTC as soon as possible. Discovery Island Light to New Dunge- ness Light and all points in the Puget [CGD 90–020, 59 FR 36335, July 15, 1994, as Sound area north and south of these amended by CGD 13–97–003, 62 FR 23660, May lights. 1, 1997] (b) Regulations. (1) Tank vessel navigation restrictions: Tank vessels larger § 165.1304 Bellingham Bay, Bel- than 125,000 deadweight tons bound for lingham, WA. a port or place in the United States (a) Location. The following area is a may not operate in the regulated navi- safety zone: All waters of Bellingham gation area. Bay, Washington, bounded by a circle (2) Commander, Thirteenth Coast with a radius of 1000 yards centered on Guard District may, upon written re- the fireworks launching site located on quest, issue an authorization to deviate the Georgia Pacific Lagoon Seawall at from paragraph (b)(1) of this section if position latitude 48°44′56″ N, longitude it is determined that such deviation 122°29′40″ W, including the entrances to provides an adequate level of safety. the I & J Street Waterway and the Any application for authorization must Whatcom Creek Waterway. [Datum: state the need and fully describe the NAD 83] proposed procedure. (b) Effective dates. This section is ef- (c) Precautionary Area Regulations. (1) fective annually on July fourth from A vessel in a precautionary area which 9:30 p.m. to 11 p.m. unless otherwise is depicted on National Oceanic and At- specified by FEDERAL REGISTER notice. mospheric Administration (NOAA) nautical charts, except precautionary (c) Regulation. In accordance with the ‘‘RB’’ (a circular area of 2,500 yards ra- general regulations in § 165.23 of this dius centered at 48–26′24″ N., 122–45′12″

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part, entry into this safety zone is pro- (b) Effective dates. This section is ef- hibited unless authorized by the Cap- fective annually on July fourth from tain of the Port, Puget Sound, Seattle, 9:30 p.m. to 11 p.m. unless otherwise WA. specified by FEDERAL REGISTER notice. (c) Regulation. In accordance with the [CGD13–95–008, 60 FR 61480, Nov. 30, 1995, as amended by CGD 13–96–028, 61 FR 47824, Sept. general regulations in § 165.23 of this 11, 1996] part, entry into the safety zone is prohibited unless authorized by the Cap- § 165.1305 Commencement Bay, Ta- tain of the Port, Puget Sound, Seattle, coma, WA. WA. The Captain of the Port may es- (a) Location. The following area is a tablish transit lanes along the east and safety zone: All portions of Commence- west shorelines of Lake Union and may ment Bay bounded by the following co- allow boaters to transit north and ordinates: Latitude 47°17′34″ N, Lon- south through the safety zone in these gitude 122°28′36″ W; thence to Latitude lanes. If established, these transit 47°17′06″ N, Longitude 122°27′40″ W; lanes will remain open until 10 p.m. thence to Latitude 47°16′42″ N, Lon- and then be closed until the end of the gitude 122°28′06″ W; thence to Latitude fireworks display (approximately 30 47°17′10″ W, Longitude 122°29′02″ W; minutes). thence returning to the origin. This [CGD13–95–010, 60 FR 61483, Nov. 30, 1995] safety zone resembles a rectangle lying adjacent to the shoreline along Ruston § 165.1307 Elliott Bay, Seattle, WA. Way. Floating markers will be placed (a) Location. The following area is a by the sponsor of the event to delineate safety zone: All portions of Elliott Bay the boundaries of the safety zone. bounded by the following coordinates: [Datum: NAD 1983]. Latitude 47°37′22″ N, Longitude (b) Effective dates. This section is ef- 122°22′06″ W; thence to Latitude 47°37′06″ fective annually on July the fourth N, Longitude 122°21′45″ W; thence to from 2 p.m. to 12:30 a.m. July the fifth Latitude 47°36′54″ N, Longitude unless otherwise specified by FEDERAL 122°22′05″ W; thence to Latitude 47°37′08″ REGISTER notice. N, Longitude 122°22′27″ W; thence re- (c) Regulation. In accordance with the turning to the origin. This safety zone general regulations in § 165.23 of this resembles a square centered around the part, entry into this safety zone is pro- barge from which the fireworks will be hibited unless authorized by the Cap- launched and begins 100 yards from the tain of the Port, Puget Sound, Seattle, shoreline of Myrtle Edwards Park. WA. Floating markers will be placed by the [CGD13–95–009, 60 FR 61481, Nov. 30, 1995] sponsor of the fireworks display to delineate the boundaries of the safety § 165.1306 Lake Union, Seattle, WA. zone [Datum NAD 1983]. (a) Location. The following area is a (b) Effective dates. This section is ef- safety zone: All portions of the waters fective annually on July fourth from of Lake Union bounded by the fol- 9:30 p.m. to 11 p.m. unless otherwise lowing coordinates: Latitude 47°38′32″ specified by FEDERAL REGISTER notice. N, Longitude 122°20′34″ W; thence to (c) Regulation. In accordance with the Latitude 47°38′32″ N, Longitude general regulations in § 165.23 of this 122°19′48″ W; thence to Latitude 47°38′10″ part, entry into this safety zone is pro- N, Longitude 122°19′45″ W; thence to hibited unless authorized by the Cap- Latitude 47°38′10″ N, Longitude tain of the Port, puget sound, Seattle, 122°20′24″ W; thence returning to the or- WA. igin. This safety zone begins 1,000 feet [CGD13–95–007, 60 FR 61482, Nov. 30, 1995, as south of Gas Works Park and encom- amended by CGD13–97–015, 62 FR 39445, July passes all waters from east to west for 23, 1997] 2,500 feet. Floating markers will be placed by the sponsor of the fireworks § 165.1308 Columbia River, Vancouver, demonstration to delineate the bound- WA. aries of the safety zone. [Datum: NAD (a) Location. The following area is a 1983] safety zone: All waters of the Columbia

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River at Vancouver, Washington, posed precautionary measures. Re- bounded by a line commencing at the quests should be submitted in trip- northern base of the Interstate 5 high- licate, to facilitate review by U.S. way bridge at latitude 45°37′17″ N, lon- EPA, Coast Guard, and Washington gitude 122°40′22″ W; thence south along State Agencies. USEPA managed reme- the Interstate 5 highway bridge to lati- dial design, remedial action, habitat tude 45°37′03″ N, longitude 122°40′32″ W; mitigation, or monitoring activities thence to latitude 45°36′28″ N, longitude associated with the Wyckoff/Eagle Har- 122°38′35″ W; thence to Ryan’s Point at bor Superfund Site are excluded from latitude 45°36′42″ N, longitude 122°38′35″ the waiver requirement. USEPA is re- W; thence along the Washington shore- quired, however, to alert the Coast line to the point of origin. [Datum: Guard in advance concerning any of NAD 83]. the above-mentioned activities that (b) Effective dates. This section is ef- may, or will, take place in the Regu- fective annually on July fourth from 9 lated Area. p.m. to 11 p.m. (PDT) unless otherwise [CGD 13–98–004, 64 FR 72561, Dec. 28, 1999] specified by FEDERAL REGISTER notice. (c) Regulation. In accordance with the § 165.1310 Strait of Juan de Fuca and general regulations in § 165.23 of this adjacent coastal waters of North- part, entry into this safety zone is pro- west Washington; Makah Whale hibited unless authorized by the Cap- Hunting—Regulated Navigation tain of the Port, Portland, Oregon. Area. [CGD13–95–055, 61 FR 18949, Apr. 30, 1996] (a) The following area is a Regulated Navigation Area (RNA): From 48°02.25′ § 165.1309 Eagle Harbor, Bainbridge N, 124°42.1′ W northward along the Island, WA. mainland shoreline of Washington (a) Regulated area. A regulated navi- State to Cape Flattery and thence gation area is established on that por- eastward along the mainland shoreline tion of Eagle Harbor bounded by a line of Washington State to 48°22′ N, 124°34′ beginning at: 47°36′56″ N, 122°30′36″ W; W; thence due north to 48°24.55′ N, thence to 47°37′11″ N, 122°30′36″ W; 124°34′ W; thence northwesterly to thence to 47°37′25″ N, 122°30′17″ W; 48°27.1′ N, 124°41.7′ W; thence due west thence to 47°37′24″ N, 122°30′02″ W; to 48°27.1′ N, 124°45.5′ W; thence south- thence to 47°37′16″ N, 122°29′55″ W; westerly to 48°20.55′ N, 124°51.05′ W, thence to 47°37′03″ N, 122°30′027sec; W; thence west south west to 48°18.0′ N thence returning along the shoreline to 124°59.0′ W, thence due south to 48°02.25′ point of origin. [Datum NAD 1983]. N, 124°59.0′ W) thence due east back to (b) Regulations. All vessels and per- the shoreline of Washington at 48°02.25′ sons are prohibited from anchoring, N, 124°42.1′ W. Datum: NAD 1983. dredging, laying cable, dragging, (b) During a whale hunt, while the seining, bottom fishing, conducting international numeral pennant five (5) salvage operations, or any other activ- is flown by a Makah whale hunt vessel, ity which could potentially disturb the the following area within the RNA is a seabed in the designated area. Vessels Moving Exclusion Zone: The column of may otherwise transit or navigate water from the surface to the seabed within this area without reservation. with a radius of 500 yards centered on (c) Waiver. The Captain of the Port, the Makah whale hunt vessel dis- Puget Sound, upon advice from the playing international numeral pennant U.S. EPA Project Manager and the five (5). This Moving Exclusionary Washington State Department of Nat- Zone is activated only when surface ural Resources, may, upon written re- visibility exceeds one nautical mile, quest, authorize a waiver from this sec- between sunrise and sunset, and the tion if it is determined that the pro- Makah whale hunt vessel displays the posed operation supports USEPA reme- international numeral pennant five (5). dial objectives, or can be performed in The Moving Exclusionary Zone is de- a manner that ensures the integrity of activated upon sunset, visibility is re- the sediment cap. A written request duced to less than one nautical mile, or must describe the intended operation, when the Makah hunt vessel strikes state the need, and describe the pro- international numeral pennant five (5).

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(c) Unless otherwise authorized by (2) The media pool vessel must be a the Commander, Thirteenth Coast U.S. documented vessel. The media Guard District or his or her representa- pool vessel must be under command at tive, no person or vessel may enter the all times within the Moving Exclu- active Moving Exclusionary Zone ex- sionary zone by a master holding a li- cept for: cense or merchant mariner credential (1) Authorized Makah whale hunt issued in the U.S. to carry passenger vessel actively engaged in hunting op- for hire. All expenses, liabilities and erations under direction of the master risks associated with operation of the of the Makah vessel flying inter- media pool vessel lie with members of national numeral pennant five (5), and the pool and the pool vessel owners and (2) A single authorized media pool operators. vessel operating in accordance with (3) The master of the media pool ves- paragraph (f) of this section. sel shall maneuver to avoid positioning (d) The international numeral pen- the pool vessel between whales and nant five (5) is only authorized to be hunt vessel(s), out of the line of fire, at displayed from one Makah whale hunt a prudent distance and location rel- vessel during actual whale hunt operative to whale hunt operations, and in ations. No other vessels may display a manner that avoids hindering the this pennant within the RNA at any hunt or path of the whale in any way. time. Whale hunt operations commence when a whale hunt vessel is un- (4) Although permitted to maneuver derway and its master intends to have within the Moving Exclusionary Zone, a whale killed during the voyage. personnel aboard the media pool vessel Whale hunt operations cease once this are still required to follow safety and intent is abandoned, a whale is landed, law enforcement related instructions of or when the international numeral pen- Coast Guard personnel. nant five (5) is struck. [CGD 13–98–023, 63 FR 52609, Oct. 1, 1998, as (e) The Makah Tribe shall make amended by CGD 13–98–023, 64 FR 61212, Nov. SECURITE broadcasts beginning one 10, 1999; USCG–2006–24371, 74 FR 11213, Mar. half hour before the commencement of 16, 2009] a hunt and every half hour thereafter until hunting activities are concluded. § 165.1311 Olympic View Resource This broadcast shall be made on chan- Area, Tacoma, WA. nel 16 VHF-FM and state: (a) Regulated area. A regulated navi- A whale hunt is proceeding today within gation area is established on that por- the Regulated Navigation Area established tion of Commencement Bay bounded by for Makah whaling activities. The (name of a line beginning at: 47°15′40.19753″ N, vessel) is a (color and description of vessel) 122°26′09.27617″ W; thence to and will be flying international numeral pen- 47°15′42.21070″ N, 122°26′10.65290″ W; nant five (5) while engaged in whaling oper- thence to 47°15′41.84696″ N, ations. This pennant is yellow and blue in ° ′ ″ color. Mariners are required by federal regu- 122 26 11.80062 W; thence to lation to stay 500 yards away from (name of 47°15′45.57725″ N, 122°26′14.35173″ W; vessel), and are strongly urged to remain thence to 47°15′53.06020″ N, even further away from whale hunt activi- 122°26′06.61366″ W; thence to ties as an additional safety measure. 47°15′46.74493″ N, 122°26′02.50574″ W; (f)(1) Credentialed members of the thence returning along the shoreline to media interested in entering the Mov- the point of origin. [Datum NAD 1983]. ing Exclusionary Zone may request (b) Regulations. All vessels and per- permission to operate a single media sons are prohibited from anchoring, vessel in the Moving Exclusionary dredging, laying cable, dragging, Zone by telephoning Coast Guard Pub- seining, bottom fishing, conducting lic Affairs, as soon as practicable at salvage operations, or any other activ- (206) 220–7237 during normal working ity which could potentially disturb the hours, and (206) 220–7001 after hours. seabed in the designated area. Vessels Coast Guard preauthorization is re- may otherwise transit or navigate quired prior to entry into the Moving within this area without reservation. Exclusionary Zone by a single media (c) Waiver. The Captain of the Port, pool vessel. Puget Sound, upon advice from the

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United States Environmental Protec- § 165.1313 Security zone regulations, tion Agency (USEPA) Project Manager tank ship protection, Puget Sound and the Washington State Department and adjacent waters, Washington of Natural Resources, may, upon writ- (a) Notice of enforcement or suspension ten request, authorize a waiver from of enforcement. The tank ship security this section if it is determined that the zone established by this section will be proposed operation supports USEPA re- enforced only upon notice by the Cap- medial objectives, or can be performed tain of the Port Puget Sound. Captain in a manner that ensures the integrity of the Port Puget Sound will cause no- of the sediment cap. A written request tice of the enforcement of the tank must describe the intended operation, ship security zone to be made by all ap- state the need, and describe the pro- propriate means to effect the widest posed precautionary measures. Re- publicity among the affected segments quests shall be submitted in triplicate, of the public including publication in to facilitate review by USEPA, Coast the FEDERAL REGISTER as practicable, Guard, and Washington State Agencies. in accordance with 33 CFR 165.7(a). USEPA managed remedial design, re- Such means of notification may also medial action, habitat mitigation, or include but are not limited to, Broad- monitoring activities associated with cast Notice to Mariners or Local No- the Olympic View Resource Area tice to Mariners. The Captain of the Superfund Site are excluded from the Port Puget Sound will issue a Broad- waiver requirement. USEPA is re- cast Notice to Mariners and Local No- quired, however, to alert the Coast tice to Mariners notifying the public Guard in advance concerning any of when enforcement of the tank ship se- the above-mentioned activities that curity zone is suspended. may, or will, take place in the Regu- (b) The following definitions apply to lated Area. this section: [CGD13–02–016, 68 FR 17735, Apr. 11, 2003] (1) Federal Law Enforcement Officer means any employee or agent of the § 165.1312 Security Zone; Portland United States government who has the Rose Festival on Willamette River. authority to carry firearms and make (a) Location. The following area is a warrantless arrests and whose duties security zone: All waters of the Wil- involve the enforcement of criminal lamette River, from surface to bottom, laws of the United States. encompassed by the Hawthorne and (2) Navigable waters of the United Steel Bridges. States means those waters defined as (b) Regulations. In accordance with such in 33 CFR part 2. § 165.33, entry into this zone is prohib- (3) Navigation Rules means the Navi- ited unless authorized by the Coast gation Rules, International-Inland. Guard Captain of the Port, Portland or (4) Official patrol means those persons his designated representatives. Section designated by the Captain of the Port 165.33 also contains other general re- to monitor a tank ship security zone, quirements. permit entry into the zone, give legally (c) Authority. In addition to 33 U.S.C. enforceable orders to persons or vessels 1231, the authority for this section in- with in the zone and take other actions cludes 33 U.S.C. 1226. authorized by the Captain of the Port. (d) Enforcement period. This section is Persons authorized in paragraph (k) to enforced annually in June from the enforce this section are designated as first Wednesday in June falling on the the official patrol. 4th or later through the following Mon- (5) Public vessel means vessels owned, day in June. The event will be 6 days in chartered, or operated by the United length and the specific dates of en- States, or by a State or political sub- forcement will be published each year division thereof. in the FEDERAL REGISTER. In 2005, the (6) Tank ship security zone is a regu- zone will be enforced on Wednesday, lated area of water, established by this June 8, through Monday, June 13. section, surrounding tank ships for a [CGD13–02–020, 68 FR 31979, May 29, 2003, as 500-yard radius that is necessary to amended by CDG13–05–007, 70 FR 33353, June provide for the security of these ves- 8, 2005] sels.

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(7) Tank ship means a self-propelled in 100 yards of a tank ship in order to tank vessel that is constructed or ensure a safe passage in accordance adapted primarily to carry oil or haz- with the Navigation Rules; ardous material in bulk as cargo or (2) Permit commercial vessels an- cargo residue in the cargo spaces. The chored in a designated anchorage area definition of tank ship does not include to remain at anchor when within 100 tank barges. yards of a passing tank ship; and (8) Washington Law Enforcement Offi- (3) Permit vessels that must transit cer means any General Authority via a navigable channel or waterway to Washington Peace Officer, Limited Au- pass within 100 yards of a moored or thority Washington Peace Officer, or anchored tank ship with minimal delay Specially Commissioned Washington consistent with security. Peace Officer as defined in Revised (i) Exemption. Public vessels as de- Code of Washington section 10.93.020. fined in paragraph (b) of this section (c) Security zone: There is established are exempt from complying with para- a tank ship security zone extending for graphs (c), (d), (f), (g), (h), (j), and (k) of a 500-yard radius around all tank ships this section. located in the navigable waters of the (j) Exception. 33 CFR Part 161 promul- United States in Puget Sound, WA, gates Vessel Traffic Service regula- east of 123 degrees, 30 minutes West tions. Measures or directions issued by Longitude. [Datum: NAD 1983] Vessel Traffic Service Puget Sound (d) Compliance: The tank ship secu- pursuant to 33 CFR Part 161 shall take rity zone established by this section re- precedence over the regulations in this mains in effect around tank ships at all section. times, whether the tank ship is under- (k) Enforcement. Any Coast Guard way, anchored, or moored. Upon notice commissioned, warrant or petty officer of enforcement by the Captain of the may enforce the rules in this section. Port Puget Sound, the Coast Guard In the navigable waters of the United will enforce the tank ship security zone States to which this section applies, in accordance with rules set out in this when immediate action is required and section. Upon notice of suspension of representatives of the Coast Guard are enforcement by the Captain of the Port not present or not present in sufficient Puget Sound, all persons and vessels force to provide effective enforcement are authorized to enter, transit, and of this section in the vicinity of a tank exit the tank ship security zone, con- ship, any Federal Law Enforcement Of- sistent with the Navigation Rules. ficer or Washington Law Enforcement (e) The Navigation Rules shall apply Officer may enforce the rules contained at all times within a tank ship security in this section pursuant to 33 CFR zone. § 6.04–11. In addition, the Captain of the (f) When within a tank ship security Port may be assisted by other federal, zone all vessels shall operate at the state or local agencies in enforcing this minimum speed necessary to maintain section. a safe course and shall proceed as di- [CGD13–02–018, 68 FR 15374, Mar. 31, 2003] rected by the on-scene official patrol or tank ship master. No vessel or person § 165.1314 Safety Zone; Fort Vancouver is allowed within 100 yards of a tank Fireworks Display, Columbia River, ship, unless authorized by the on-scene Vancouver, Washington. official patrol or tank ship master. (a) Location. The following area is a (g) To request authorization to oper- safety zone: All waters of the Columbia ate within 100 yards of a tank ship, River at Vancouver, Washington contact the on-scene official patrol or bounded by a line commencing at the tank ship master on VHF-FM channel northern base of the Interstate 5 high- 16 or 13. way bridge at latitude 45°37″ 16.5′ N, (h) When conditions permit, the on- longitude 122°40″ 22.5′’ W; thence south scene official patrol or tank ship mas- along the Interstate 5 highway bridge ter should: to Hayden Island, Oregon at latitude (1) Permit vessels constrained by 45°36″ 51.5′ N, longitude 122°40″ 39′ W; their navigational draft or restricted in thence east along Hayden Island to their ability to maneuver to pass with- latitude 45°36″ 36′ N, longitude 122°39″

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48′ W (not to include Hayden Bay); (i) Location. Waters on the Coos River thence north across the river thru the bounded by shoreline to the east and preferred channel buoy, RG Fl(2+1)R 6s, west and 1000 feet of water to the north to the Washington shoreline at latitude and south of the launching barge which 45°37″ 1.5′ N, longitude 122°39″ 29′ W; is centered at 43 degrees 23 minutes 45 thence west along the Washington seconds North, 124 degrees 12 minutes shoreline to the point of origin. 50 seconds West. (b) Regulations. In accordance with (ii) Enforcement period. One day in the general regulations in § 165.23 of early July. this part, no person or vessel may (5) Astoria 4th of July Fireworks, enter or remain in this zone unless au- Astoria, OR thorized by the Captain or the Port or (i) Location. All waters of the Colum- his designated representatives. bia River at Astoria, Oregon enclosed (c) Authority. In addition to 33 U.S.C. by the following points: North from the 1231, the authority for this section in- Oregon shoreline at 123 degrees 50 min- cludes 33 U.S.C. 1226. utes 1 second West to 46 degrees 11 min- (d) Enforcement period. This section utes 50 seconds North, thence east to will be enforced every July 4, from 9:30 123 degrees 49 minutes 15 seconds West, p.m. (P.D.T.) to 11 p.m. (P.D.T.). thence south to the Oregon shoreline and finally westerly along the Oregon [CGD13–03–001, 68 FR 31610, May 28, 2003] shoreline to the point of origin. (ii) Enforcement period. One day in § 165.1315 Safety Zones: Fireworks displays in the Captain of the Port early July. Portland Zone. (6) Oregon Food Bank Blues Festival Fireworks, Portland, OR (a) Safety zones. The following areas (i) Location. Waters on the Willam- are designated safety zones: ette River bounded by the Hawthorne (1) Cinco de Mayo Fireworks Display, Bridge to the north, Marquam Bridge Portland, OR: to the south, and shoreline to the east (i) Location. Waters on the Willam- and west. ette River bounded by the Morrison (ii) Enforcement period. One day in Bridge to the north, Hawthorne Bridge early July. to the south, and the shoreline to the (7) Oregon Symphony Concert Fire- east and west. works Display, Portland, OR (ii) Enforcement period. One day in (i) Location. All waters of the Willam- early May. ette River bounded by the Hawthorne (2) Portland Rose Festival Fireworks Bridge to the north, Marquam Bridge Display, Portland, OR: to the south, and shoreline to the east (i) Location. Waters on the Willam- and west. ette River bounded by the Morrison (ii) Enforcement period. One day in Bridge to the north, Hawthorne Bridge late August. to the south, and the shoreline to the (8) Florence Chamber 4th of July Fire- east and west. works Display, Florence, OR (ii) Enforcement period. One day in (i) Location. All water of the Siuslaw late May or early June. River enclosed by the following points: (3) Tri-City Chamber of Commerce Fire- 43°58′05″ N, 124°05′54″ W following the works Display, Columbia Park, shoreline to 43°58′20″ N 124°04′46″ W then Kennewick, WA: south to 43°58′07″ N 124°04′40″ W fol- (i) Location. Waters on the Columbia lowing the shoreline to 43°57′48″ N River bounded by shoreline to the 124°05′54″ W then back to the point of north and south, Interstate 395 bridge origin. to the east, and 1000 feet of water to (ii) Enforcement period. This section is the west of the launching barge which enforced annually on July fourth from is centered at 46 degrees 13 minutes 38 9 p.m. to 11 p.m. (PDT). seconds North, 119 degrees 08 minutes (9) Oaks Park July 4th Celebration, 52 seconds West. Portland, OR (ii) Enforcement date. Every July 4th. (i) Location. All water of the Willam- (4) Cedco Inc. Fireworks Display, North ette River enclosed by the following Bend, OR points: 45°28′26″ N 22°39′43″ W following

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the shoreline to 45°28′10″ N 122°39′54″ W (ii) Enforcement period. This section is then west to 45°28′41″ N 122°40′06″ W fol- enforced annually on July fourth from lowing the shoreline to 45°28′31″ N 9 p.m. to 11 p.m. (PDT). 122°40′01″ W then back to the point of (14) City of Coos Bay July 4th Celebra- origin. tion, Coos Bay, OR (ii) Enforcement period. This section is (i) Location. All water of the Coos enforced annually on July fourth from River extending out to 1200 feet of the 9 p.m. to 11 p.m. (PDT). following points: 43°22′12″ N, 124°12′39″ (10) Rainier Days Fireworks Celebra- W. tion, Rainier, OR (ii) Enforcement period. This section is (i) Location. All water of the Colum- enforced annually on July fourth from bia River enclosed by the following 9 p.m. to 11 p.m. (PDT). points: 46°06′04″ N, 122°56′35″ W following (15) Arlington Chamber of Commerce the shoreline to 46°05′53″ N 122°55′58″ W Fireworks Display, Arlington, OR: then south to 46°05′24″ N 122°55′58″ W (i) Location. All waters of the Colum- following the shoreline to 46°05′38″ N bia River encompassed by lines con- 122°56′35″ W then back to the point of necting the following points in the vi- origin. cinity of Arlington, Oregon: from the (ii) Enforcement period. This section is southern shore of the Columbia River ° ′ ″ ° ′ ″ enforced annually on the second Satur- at 45 43 23 N 120 12 11 W, thence to ° ′ ″ ° ′ ″ day of July each year from 9 p.m. to 11 45 43 29 N 120 12 12 W, thence to ° ′ ″ ° ′ ″ p.m. (PDT). Except that when the first 45 43 31 N 120 12 06 W, thence to the Saturday falls on July 1, this section southern shore of the Columbia River ° ′ ″ ° ′ ″ will be enforced on the third Saturday at 45 43 26 N 120 12 12 W. of July. (ii) Enforcement period. This safety zone is in effect from approximately (11) Ilwaco July 4th Committee Fire- 8:30 p.m. to approximately 11:30 p.m. works, Ilwaco, WA for one day during the last week of (i) Location. All water of the Colum- June or the first week of July each bia River extending out to a 700′ radius year. from the launch site at 46°18′17″ N (16) East County 4th of July Fireworks, 124°01′55″ W. Gresham, OR: (ii) Enforcement period. This section is (i) Location. All waters of the Colum- enforced annually on the first Satur- bia River encompassed in a 500 foot ra- day of July from 9 p.m. to 11 p.m. dius around position 45°33′33″ N (PDT). 122°27′03″ W. (12) Milwaukie Centennial Fireworks (ii) Enforcement period. This safety Display, Milwaukie, OR zone is in effect from approximately (i) Location. All water of the Willam- 8:30 p.m. to approximately 11:30 p.m. ette River enclosed by the following for one day during the first week of points: 45°26′41″ N, 122°38′46″ W following July each year. the shoreline to 45°26′17″ N 122°38′36″ W (17) Port of Cascade Locks July 5th then west to 45°26′17″ N 122°38′55″ W fol- Fireworks Display, Cascade Locks, OR: lowing the shoreline to 45°26′36″ N (i) Location. All waters of the Colum- 122°38′50″ W then back to the point of bia River encompassed in a 500 foot ra- origin. dius around position 45°40′16″ N (ii) Enforcement period. This section is 121°53′38″ W. enforced annually on the third Satur- (ii) Enforcement period. This safety day of July each year from 9 p.m. to 11 zone is in effect from approximately p.m. (PDT). Except that when the first 8:30 p.m. to approximately 11:30 p.m. Saturday falls on July 1, this section for one day during the first week of will be enforced on the fourth Saturday July each year. of July. (18) Astoria Regatta Association Fire- (13) Splash Aberdeen Waterfront Fes- works Display, Astoria, OR: tival, Aberdeen, WA (i) Location. All waters of the Colum- (i) Location. All water of the Chehalis bia River encompassed by lines con- River extending out to 500 feet of the necting the following points in the vi- following points: 46°58′40″ N, 123°47′45″ cinity of Astoria, Oregon: from the W. southern shore of the Columbia River

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at 46°22′34″ N 123°48′33″ W, thence to 8:30 p.m. to approximately 11:30 p.m. 46°11′52″ N 123°48′35″ W, thence to one day during the last week of June or 46°11′52″ N 123°48′19″ W, thence to the the first week of July each year. southern shore of the Columbia River (23) Hood River 4th of July, Hood River, at 46°11′39″ N 123° 48′13″ W. OR: (ii) Enforcement period. This safety (i) Location. All waters of the Colum- zone is in effect from approximately bia River encompassed in a 1000 foot ra- 11:30 p.m. one day during the second dius around position 45°42′58″ N 121° weekend of August each year. 30″31″ W. (19) City of Washougal July 4th Fire- (ii) Enforcement period. This safety works Display, Washougal WA: zone is in effect from 8:30 p.m. to ap- (i) Location. All waters of the Colum- proximately 11:30 p.m. one day during bia River encompassed by lines con- the last week of June or the first week necting the following points in the vi- of July each year. cinity of Washougal, Washington: from (24) Rufus 4th of July Fireworks, Rufus, the northern shore of the Columbia OR: River at 45°33′50″ N 122°20′16″ W, thence (i) Location. All waters of the Colum- to 45°33′42″ N 122°02′29″ W, thence to bia River encompassed in a 500 foot ra- 45°33′53″ N 122°20′39″ W, thence to the dius around position 45°41′30″ N northern shore of the Columbia River 120°45′47″ W. at 45°35′04″ N 122°20′53″ W. (ii) Enforcement period. This safety (ii) Enforcement period. This safety zone is in effect from approximately zone is in effect from approximately 8:30 p.m. to approximately 11:30 p.m. 8:30 p.m. to approximately 11:30 p.m. for one day during the last week of one day during the first week of July June or the first week of July each each year. year. (20) City of St. Helens 4th of July Fire- (b) Regulations. In accordance with works Display, St. Helens, OR: § 165.23 of this part, no person may (i) Location. All waters of the Colum- enter or remain in these safety zones bia River encompassed in a 1200 foot ra- unless authorized by the Captain of the dius around position 45°51′51″ N Port, Portland or his/her designated 122°47′22″ W. representative. Also in accordance with (ii) Enforcement period. This safety § 165.23 of this part, no person may zone is in effect from approximately bring into, cause to be brought into, or 8:30 p.m. to approximately 11:30 p.m. allow to remain in these safety zones one day during the first week of July any vehicle, vessel, or object unless au- each year. thorized by the Captain of the Port, (21) Waverly Country Club 4th of July Portland or his/her designated rep- Fireworks Display, Milwaukie, OR: resentative. (i) Location. All waters of the Willam- (c) Notice. In accordance with § 165.7 ette River encompassed by lines con- of this part, notification of the specific necting the following points in the vi- period of enforcement for each of these cinity of Milwaukie, Oregon: from safety zones may be made by marine 45°27′10″ N 122°29′35″ W, thence to broadcast, local notice to mariners, 45°27′12″ N 122°39′25″ W, thence to local news media, distribution in leaf- 45°26′56″ N 122°39′15″ W, thence to let form, on-scene oral notices, and/or 45°26′52″ N 122°39′25″ W. publication in the FEDERAL REGISTER. (ii) Enforcement period. This safety [CGD01–03–008, 68 FR 32368, May 30, 2003, as zone is in effect from approximately amended by CGD13–06–009, 71 FR 30805, May 8:30 p.m. to approximately 11:30 p.m. 31, 2006; USCG–2008–1096, 74 FR 68161, Dec. 23, one day during the first week of July 2009] each year. (22) Booming Bay Fireworks, Westport, § 165.1316 Safety Zone; Columbia WA: River, Astoria, Oregon. (i) Location. All waters of Grays Har- (a) Location. The following area is a bor encompassed in a 600 foot radius safety zone: All waters of the Columbia around position 46°54′14″ N 124°06′08″ W. River at Astoria, Oregon enclosed by (ii) Enforcement period. This safety the following points: North from the zone is in effect from approximately Oregon shoreline at 123°49′36″ West to

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46°11′51″ North thence east to 123°48′53″ involve the enforcement of criminal West thence south to the Oregon shore- laws of the United States. line and finally westerly along the Or- Large Passenger Vessel means any egon shoreline to the point of origin. cruise ship over 100 feet in length car- (b) Regulations. In accordance with rying passengers for hire, and any auto the general regulations in § 165.23 of ferries and passenger ferries over 100 this part, no person or vessel may feet in length carrying passengers for enter or remain in this zone unless au- hire such as the Washington State Fer- thorized by the Captain or the Port or ries, M/V COHO and Alaskan Marine his designated representatives. Highway Ferries. Large Passenger Ves- (c) Authority. In addition to 33 U.S.C. sel does not include vessels inspected 1231, the authority for this section in- and certificated under 46 CFR, Chapter cludes 33 U.S.C. 1226. I, Subchapter T such as excursion ves- (d) Enforcement period. This section sels, sight seeing vessels, dinner cruise will normally be enforced on the sec- vessels, and whale watching vessels. ond Saturday of August from 9:30 p.m. Large Passenger Vessel Security and (PDT) to 10:30 p.m. (PDT). Announce- Safety Zone is a regulated area of water ment of enforcement periods may be established by this section, sur- made by the methods described in 33 rounding large passenger vessels for a CFR 165.7, or any other reasonable 500-yard radius to provide for the secu- method. rity and safety of these vessels. Navigable waters of the United States [CGD13–03–013, 68 FR 42290, July 17, 2003] means those waters defined as such in 33 CFR part 2. § 165.1317 Security and Safety Zone; Navigation Rules means the Naviga- Large Passenger Vessel Protection, tion Rules, International—Inland. Puget Sound and adjacent waters, Official Patrol means those persons Washington. designated by the Captain of the Port (a) Notice of enforcement or suspension to monitor a large passenger vessel se- of enforcement. The large passenger ves- curity and safety zone, permit entry sel security and safety zone established into the zone, give legally enforceable by this section will be enforced only orders to persons or vessels within the upon notice by the Captain of the Port zone and take other actions authorized Puget Sound. Captain of the Port by the Captain of the Port. Persons au- Puget Sound will cause notice of the thorized in paragraph (l) to enforce this enforcement of the large passenger ves- section are designated as the Official sel security and safety zone to be made Patrol. by all appropriate means to effect the Public vessel means vessels owned, widest publicity among the affected chartered, or operated by the United segments of the public including publi- States, or by a State or political sub- cation in the FEDERAL REGISTER as division thereof. practicable, in accordance with 33 CFR Washington Law Enforcement Officer 165.7(a). Such means of notification means any General Authority Wash- may also include but are not limited ington Peace Officer, Limited Author- to, Broadcast Notice to Mariners or ity Washington Peace Officer, or Spe- Local Notice to Mariners. The Captain cially Commissioned Washington Peace of the Port Puget Sound will issue a Officer as defined in Revised Code of Broadcast Notice to Mariners and Washington section 10.93.020. Local Notice to Mariners notifying the (c) Security and safety zone. There is public when enforcement of the large established a large passenger vessel se- passenger vessel security and safety curity and safety zone extending for a zone is suspended. 500-yard radius around all large pas- (b) Definitions. The following defini- senger vessels located in the navigable tions apply to this section: waters of the United States in Puget Federal Law Enforcement Officer Sound, WA, east of 123°30′ West Lon- means any employee or agent of the gitude. [Datum: NAD 1983]. United States government who has the (d) Compliance. The large passenger authority to carry firearms and make vessel security and safety zone estab- warrantless arrests and whose duties lished by this section remains in effect

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around large passenger vessels at all chored while it remains within the times, whether the large passenger ves- large passenger vessel’s security and sel is underway, anchored, or moored. safety zone unless it is either ordered Upon notice of enforcement by the Cap- by, or given permission by the Captain tain of the Port Puget Sound, the of the Port Puget Sound, his des- Coast Guard will enforce the large pas- ignated representative or the on-scene senger vessel security and safety zone official patrol to do otherwise. in accordance with rules set out in this (j) Exemption. Public vessels as de- section. Upon notice of suspension of fined in paragraph (b) of this section enforcement by the Captain of the Port are exempt from complying with para- Puget Sound, all persons and vessels graphs (c), (d), (f), (g), (h), and (i), of are authorized to enter, transit, and this section. exit the large passenger vessel security (k) Exception. 33 CFR part 161 con- and safety zone, consistent with the tains Vessel Traffic Service regula- Navigation Rules. tions. When measures or directions (e) The Navigation Rules shall apply issued by Vessel Traffic Service Puget at all times within a large passenger Sound pursuant to 33 CFR part 161 also vessel security and safety zone. apply, the measures or directions gov- (f) When within a large passenger ern rather than the regulations in this vessel security and safety zone all ves- section. sels must operate at the minimum (l) Enforcement. Any Coast Guard speed necessary to maintain a safe commissioned, warrant or petty officer course and must proceed as directed by may enforce the rules in this section. the on-scene official patrol or large In the navigable waters of the United passenger vessel master. No vessel or States to which this section applies, person is allowed within 100 yards of a when immediate action is required and large passenger vessel that is underway representatives of the Coast Guard are or at anchor, unless authorized by the not present or not present in sufficient on-scene official patrol or large pas- force to provide effective enforcement senger vessel master. No vessel or per- of this section in the vicinity of a large son is allowed within 25 yards of a passenger vessel, any Federal Law En- large passenger vessel that is moored. forcement Officer or Washington Law (g) To request authorization to oper- Enforcement Officer may enforce the ate within 100 yards of a large pas- rules contained in this section pursu- senger vessel that is underway or at ant to 33 CFR 6.04–11. In addition, the anchor, contact the on-scene official Captain of the Port may be assisted by patrol or large passenger vessel master other federal, state or local agencies in on VHF-FM channel 16 or 13. enforcing this section. (h) When conditions permit, the on- (m) Waiver. The Captain of the Port scene official patrol or large passenger Puget Sound may waive any of the re- vessel master should: quirements of this section for any ves- (1) Permit vessels constrained by sel or class of vessels upon finding that their navigational draft or restricted in a vessel or class of vessels, operational their ability to maneuver to pass with- conditions or other circumstances are in 100 yards of a large passenger vessel such that application of this section is in order to ensure a safe passage in ac- unnecessary or impractical for the pur- cordance with the Navigation Rules; pose of port security, safety or environ- and mental safety. (2) Permit vessels that must transit [CGD13–03–018, 69 FR 2068, Jan. 14, 2004; 69 FR via a navigable channel or waterway to 4245, Jan. 29, 2004] pass within 100 yards of an anchored large passenger vessel or within 25 § 165.1318 Security and Safety Zone yards of a moored large passenger ves- Regulations, Large Passenger Ves- sel with minimal delay consistent with sel Protection, Portland, OR Cap- security. tain of the Port Zone (i) When a large passenger vessel ap- (a) Notice of enforcement or suspension proaches within 100 yards of any vessel of enforcement. The large passenger ves- that is moored or anchored, the sta- sel security and safety zone established tionary vessel must stay moored or an- by this section will be enforced only

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upon notice by the Captain of the Port fined in Oregon Revised Statutes sec- Portland. Captain of the Port Portland tion 161.015. will cause notice of the enforcement of Public vessel means vessels owned, the large passenger vessel security and chartered, or operated by the United safety zone to be made by all appro- States, or by a State or political sub- priate means to effect the widest pub- division thereof. licity among the affected segments of Washington Law Enforcement Officer the public including publication in the means any General Authority Wash- FEDERAL REGISTER as practicable, in ington Peace Officer, Limited Author- accordance with 33 CFR 165.7(a). Such ity Washington Peace Officer, or Spe- means of notification may also include cially Commissioned Washington Peace but are not limited to, Broadcast No- Officer as defined in Revised Code of tice to Mariners or Local Notice to Washington section 10.93.020. Mariners. The Captain of the Port (c) Security and safety zone. There is Portland will issue a Broadcast Notice established a large passenger vessel se- to Mariners and Local Notice to Mari- curity and safety zone extending for a ners notifying the public when enforce- 500 yard radius around all large pas- ment of the large passenger vessel se- senger vessels in the navigable waters curity and safety zone is suspended. of the United States, in Portland, OR (b) Definitions. As used in this sec- at the Columbia River Bar ‘‘C’’ buoy tion— and extending eastward on the Colum- Federal Law Enforcement Officer bia River to Kennewick, WA and means any employee or agent of the upriver through Lewiston, ID on the United States government who has the Snake River. authority to carry firearms and make (d) Compliance. The large passenger warrantless arrests and whose duties vessel security and safety zone estab- involve the enforcement of criminal lished by this section remains in effect laws of the United States. around large passenger vessels at all Large passenger vessel means any ves- times, whether the large passenger vessel over 100 feet in length (33 meters) sel is underway, anchored, or moored. carrying passengers for hire including, Upon notice of enforcement by the Cap- but not limited to, cruise ships, auto tain of the Port Portland, the Coast ferries, passenger ferries, and excursion Guard will enforce the large passenger vessels. vessel security and safety zone in ac- Large passenger vessel security and cordance with rules set out in this sec- safety zone is a regulated area of water, tion. Upon notice of suspension of en- established by this section, sur- forcement by the Captain of the Port rounding large passenger vessels for a Portland, all persons and vessels are 500 yard radius that is necessary to authorized to enter, transit, and exit provide for the security and safety of the large passenger vessel security and these vessels. safety zone, consistent with the Navi- Navigable waters of the United States gation Rules. means those waters defined as such in (e) Navigation Rules. The Navigation 33 CFR part 2. Rules shall apply at all times within a Navigation Rules means the Naviga- large passenger vessel security and tion Rules, International-Inland. safety zone. Official Patrol means those persons (f) Restrictions based on distance from designated by the Captain of the Port large passenger vessel. When within a to monitor a large passenger vessel se- large passenger vessel security and curity and safety zone, permit entry safety zone, all vessels shall operate at into the zone, give legally enforceable the minimum speed necessary to main- orders to persons or vessels with in the tain a safe course and shall proceed as zone and take other actions authorized directed by the on-scene official patrol by the Captain of the Port. Persons au- or large passenger vessel master. No thorized as Federal Law Enforcement vessel or person is allowed within 100 Officers to enforce this section are des- yards of a large passenger vessel that is ignated as the Official Patrol. underway or at anchor, unless author- Oregon Law Enforcement Officer ized by the on-scene official patrol or means any Oregon Peace Officer as de- large passenger vessel master.

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(g) Requesting authorization to operate ant to 33 CFR 6.04–11. In addition, the within 100 yards of large passenger vessel. Captain of the Port may be assisted by To request authorization to operate other federal, state or local agencies in within 100 yards of a large passenger enforcing this section. vessel that is underway or at anchor, (l) Waiver. The Captain of the Port contact the on-scene official patrol or Portland may waive any of the require- large passenger vessel master on VHF- ments of this section for any vessel or FM channel 16 or 13. class of vessels upon finding that a ves- (h) Maneuver-restricted vessels. When sel or class of vessels, operational con- conditions permit, the on-scene official ditions or other circumstances are such patrol or large passenger vessel master that application of this section is un- should: necessary or impractical for the pur- (1) Permit vessels constrained by pose of port security, safety or environ- their navigational draft or restricted in mental safety. their ability to maneuver to pass with- [CGD13–03–022, 68 FR 53679, Sept. 12, 2003] in 100 yards of a large passenger vessel in order to ensure a safe passage in ac- § 165.1319 Safety Zone Regulations, cordance with the Navigation Rules; Seafair Blue Angels Air Show Per- and formance, Seattle, WA. (2) Permit commercial vessels an- (a) Enforcement period. This section chored in a designated anchorage area will be enforced annually during the to remain at anchor within 100 yards of last week in July and the first two a passing large passenger vessel; and weeks of August from 8 a.m. until 4 (3) Permit vessels that must transit p.m., each day during the event. The via a navigable channel or waterway to event will be one week or less in dura- pass within 100 yards of an anchored tion. The specific dates during this large passenger vessel. time frame will be published in the (i) Stationary vessels. When a large FEDERAL REGISTER. passenger vessel approaches within 100 (b) Location. The following is a safety yards of any vessel that is moored or zone: All waters of Lake Washington, anchored, the stationary vessel must Washington State, enclosed by the fol- stay moored or anchored while it re- lowing points: Near the termination of mains with in the large passenger ves- Roanoke Way 47°35′44″ N, 122°14′47″ W; sel’s security and safety zone unless it thence to 47°35′48″ N, 122°15′45″ W; is either ordered by, or given permis- thence to 47°36′02.1″ N, 122°15′50.2″ W; sion by the Captain of the Port Port- thence to 47°35′56.6″ N, 122°16′29.2″ W; land, his designated representative or thence to 47°35′42″ N, 122°16′24″ W; the on-scene official patrol to do other- thence to the east side of the entrance wise. to the west highrise of the Interstate 90 (j) Exemption. Public vessels as de- bridge; thence westerly along the south fined in paragraph (b) of this section side of the bridge to the shoreline on are exempt from complying with para- the western terminus of the bridge; graphs (c), (d), (f), (g), (h), and (i), of thence southerly along the shoreline to this section. Andrews Bay at 47°33′06″ N, 122°15′32″ W; (k) Enforcement. Any Coast Guard thence northeast along the shoreline of commissioned, warrant or petty officer Bailey Peninsula to its northeast point may enforce the rules in this section. at 47°33′44″ N, 122°15′04″ W; thence eas- In the navigable waters of the United terly along the east-west line drawn States to which this section applies, tangent to Bailey Peninsula; thence when immediate action is required and northerly along the shore of Mercer Is- representatives of the Coast Guard are land to the point of origin. [Datum: not present or not present in sufficient NAD 1983] force to provide effective enforcement (c) Regulations. In accordance with of this section in the vicinity of a large the general regulations in 33 CFR Part passenger vessel, any Federal Law En- 165, Subpart C, no person or vessel may forcement Officer, Oregon Law En- enter or remain in the zone except for forcement Officer or Washington Law support vessels and support personnel, Enforcement Officer may enforce the vessels registered with the event orga- rules contained in this section pursu- nizer, or other vessels authorized by

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the Captain of the Port or his des- States, or by a State or political sub- ignated representatives. Vessels and division thereof. persons granted authorization to enter Washington Law Enforcement Officer the safety zone shall obey all lawful or- means any General Authority Wash- ders or directions of the Captain of the ington Peace Officer, Limited Author- Port or his designated representatives. ity Washington Peace Officer, or Spe- cially Commissioned Washington Peace [CGD13–04–002, 69 FR 35250, June 24, 2004] Officer as defined in Revised Code of Washington section 10.93.020. § 165.1321 Security Zone; Protection of Military Cargo, Captain of the Port (c) Security zone. The following areas Zone Puget Sound, WA. are security zones: (1) Blair Waterway Security Zone: The (a) Notice of enforcement or suspension Security Zone in the Blair Waterway, of enforcement. The Captain of the Port Commencement Bay, WA, includes all Puget Sound will enforce the security waters enclosed by a line connecting zones established by this section only the following points: 47°16′57′′ N, upon notice. Captain of the Port Puget 122°24′39′′ W, which is approximately Sound will cause notice of the enforce- the beginning of Pier No. 23 (also ment of these security zone to be made known as the Army pier); then north- by all appropriate means to effect the westerly to 47°17′05′′ N, 122°24′52′′ W, widest publicity among the affected which is the end of the Pier No. 23 segments of the public including publi- (Army pier); then southwesterly to cation in the FEDERAL REGISTER as 47°16′42′′ N, 122°25′ 18′′ W, which is the practicable, in accordance with 33 CFR approximate location of a private buoy 165.7(a). Such means of notification on the end of the sewage outfall; then may also include but are not limited southeasterly to 47°16′33′′ N, 122°25′04′′ to, Broadcast Notice to Mariners or W, which is approximately the north- Local Notice to Mariners. The Captain western end of Pier No. 5; then north- of the Port Puget Sound will issue a easterly to the northwestern end of Broadcast Notice to Mariners and Pier No. 1; then southeasterly along Local Notice to Mariners notifying the the shoreline of the Blair Waterway to public when enforcement of these secu- the Blair Waterway turning basin; then rity zones is suspended. along the shoreline around the Blair (b) Definitions. The following defini- Waterway turning basin; then north- tions apply to this section: westerly along the shoreline of the Designated Representative means those Blair Waterway to the Commencement persons designated by the Captain of Bay Directional Light (light list num- the Port to monitor these security ber 17159); then northeasterly along the zones, permit entry into these zones, shoreline to the point of origin. give legally enforceable orders to per- [Datum: NAD 1983]. sons or vessels with in these zones and (2) Sitcum Waterway Security Zone: take other actions authorized by the The Security Zone in the Sitcum Wa- Captain of the Port. Persons author- terway, Commencement Bay, WA, in- ized in paragraph (g) to enforce this cludes all waters enclosed by a line section and Vessel Traffic Service connecting the following points: Puget Sound (VTS) are Designated 47°16′33′′ N, 122°25′04′′ W, which is ap- Representatives. proximately the northwestern end of Federal Law Enforcement Officer Pier No. 5; then northwesterly to means any employee or agent of the 47°16′42′′ N, 122°25′18′′ W, which is the ap- United States government who has the proximate location of a private buoy authority to carry firearms and make on the end of the sewage outfall; then warrantless arrests and whose duties southwesterly to 47°16′23′′ N, 122°25′36′′ involve the enforcement of criminal W; then southeasterly to 47°16′10′′ N, laws of the United States. 122°25′27′′ W, which is the northwestern Navigable waters of the United States corner of Pier No. 2; then extending means those waters defined as such in northeasterly to 47°16′13′′ N, 122°25′13′′ 33 CFR Part 2. W; then extending southeasterly along Public vessel means vessels owned, the shoreline of the Sitcum Waterway; chartered, or operated by the United then northeasterly along the shoreline

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at the terminus of the Sitcum Water- tain of the Port or his designated rep- way and then northwesterly along the resentatives. Vessels and persons shoreline of the Sitcum Waterway; granted permission to enter the secu- then northeasterly along the shoreline rity zone shall obey all lawful orders or of Pier No. 5 to the point of origin. directions of the Captain of the Port or [Datum: NAD 1983]. his designated representatives. All ves- (3) Budd Inlet Security Zone: The Se- sels shall operate at the minimum curity Zone in Budd Inlet, West Bay, speed necessary to maintain a safe Olympia WA includes all waters en- course. closed by a line connecting the fol- (g) Enforcement. Any Coast Guard lowing points: 47°03′12″ N, 122°54′21″ W, commissioned, warrant or petty officer which is approximately the north- may enforce the rules in this section. western end of the fence line enclosing In the navigable waters of the United Berth 1 at Port of Olympia; then north- States to which this section applies, erly to 47°03′15″ N, 122°54′21″ W, which is when immediate action is required and the approximate 300 feet north along representatives of the Coast Guard are the shoreline; then westerly to 47°03′15″ not present or not present in sufficient N, 122°54′26″ W; then southerly to force to provide effective enforcement 47°03′06″ N, 122°54′26″ W; then southeast- of this section, any Federal Law En- erly to 47°03′03″ N, 122°54′20″ W, which is forcement Officer or Washington Law approximately the end of the T-shaped Enforcement Officer may enforce the pier; then north to 47°03′04″ N, rules contained in this section pursu- 122°54′19.5″ W, which is approximately ant to 33 CFR 6.04–11. In addition, the the southwestern corner of berth 1; Captain of the Port may be assisted by then northerly along the shoreline to other federal, state or local agencies in the point of origin. [Datum: NAD 1983]. enforcing this section pursuant to 33 (d) Obtaining permission to enter, move CFR 6.04–11. within, or exit the security zones. All ves- (h) Exemption. Public vessels as de- sels must obtain permission from the fined in paragraph (b) of this section COTP or a Designated Representative are exempt from the requirements in to enter, move within, or exit the secu- this section. rity zones established in this section (i) Waiver. For any vessel, the Cap- when these security zones are enforced. tain of the Port Puget Sound may Vessels 20 meters or greater in length waive any of the requirements of this should seek permission from the COTP section, upon finding that operational or a Designated Representative at least conditions or other circumstances are 4 hours in advance. Vessels less than 20 such that application of this section is meters in length should seek permis- unnecessary or impractical for the pur- sion at least 1 hour in advance. VTS pose of port security, safety or environ- Puget Sound may be reached on VHF mental safety. channel 14. [CGD13–04–019, 69 FR 52603, Aug. 27, 2004, as (e) Compliance. Upon notice of en- amended by CGD13–04–040, 69 FR 71711, Dec. forcement by the Captain of the Port 10, 2004; CGD13–04–46, 70 FR 2019, Jan. 12, 2005; Puget Sound, the Coast Guard will en- CGD13–05–031, 70 FR 45537, Aug. 8, 2005] force these security zones in accordance with rules set out in this section. § 165.1322 Regulated Navigation Area: Upon notice of suspension of enforce- Willamette River Portland, Oregon ment by the Captain of the Port Puget Captain of the Port Zone. Sound, all persons and vessels are au- (a) Location. The following is a regu- thorized to enter, transit, and exit lated navigation area (RNA): All wa- these security zones. ters of the Willamette River encom- (f) Regulations. Under the general reg- passed by a line commencing at ulations in 33 CFR part 165 subpart D, 45°34′.47″ N, 122°45′28″ W along the shore- this section applies to any vessel or line to 45°34′47″ N, 122°45′30″ W thence to person in the navigable waters of the 45° 34′47″ N, 122°45′30″ W thence to United States to which this section ap- 45°34′48″ N, 122°45′30″ W thence to plies. No person or vessel may enter 45°34′48″ N, 122°45′30″ W thence to the security zones established in this 45°34′48″ N, 122°45′28″ W thence to section unless authorized by the Cap- 45°34′47″ N, 122°45′28″ W and back to the

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point of origin. All coordinates ref- N/122°23′07″ W, thence south to position erence 1983 North American Datum 47°37′06″ N/122°23′07″ W, thence east to (NAD 83). position 47°37′06″ N/122°22′43″ W, thence (b) Regulations. (1) Motoring, anchor- north to position 47°37′58″ N/122°22′43″ ing, dragging, dredging, or trawling are W. This zone will be enforced only dur- prohibited in the regulated area. ing the arrival or departure of Large (2) All vessels transiting or accessing Passenger Cruise Vessels at Pier 91, Se- the regulated area shall do so at a no attle, Washington. wake speed or at the minimum speed (2) The following area is a safety and necessary to maintain steerage. security zone: All waters within 100 [USCG–2008–0112, 74 FR 5988, Feb. 4, 2009] yards of Pier 91, Seattle, Washington, at approximate position 47°37′35″ N/ § 165.1323 Regulated Navigation Area: 122°23′00″ W. This zone will be enforced Willamette River Portland, Oregon only when a Large Passenger Cruise Captain of the Port Zone. Vessel is moored at Pier 91. (a) Location. The following is a regu- (b) Regulations. In accordance with lated navigation area (RNA): All wa- the general regulations in 33 CFR Part ters of the Willamette River encom- 165, Subpart D, no person or vessel may passed by a line commencing at enter or remain in either Safety and 45°34′.33″ N, 122°44′17″ W to 45°34′32″ N, Security Zone except for vessels au- ° ′ ″ ° ′ ″ 122 44 18 W thence to 45 34 35 N, thorized by the Captain of the Port or ° ′ ″ ° ′ ″ 122 44 24 W thence to 45 34 35 N, Designated Representatives. ° ′ ″ ° ′ ″ 122 44 27 W thence to 45 34 35 N, (c) Definitions. The following defini- 122°44′36″ W thence to 45°34′35″ N, tions apply to this section: 122°44′37″ W thence to 45°34′38″ N, 122°44′42″ W to 45°34′39″ N, 122°44′43″ W Facility Security Officer means the thence to 45°34′44″ N, 122°44′51″ W thence person designated as responsible for to 45°34′45″ N, 122°44′53″ W thence to the development, implementation, re- 45°34′47’’ N, 122°44′51″ W thence to vision and maintenance of the facility 45°34′45″ N, 122°44′46″ W to 45°34′45″ N, security plan and for liaison with the 122°44′45″ W thence to 45°34′47″ N, COTP and Company and Vessel Secu- 122°44′43″ W thence to 45°34′46″ N, rity Officers. 122°44′42″ W thence to 45°34′48″ N, Large Passenger Cruise Vessel means 122°44′40’’ W thence to 45°34′48″ N, any cruise ship over 100 feet in length 122°44′38″ W and along the shoreline to carrying passengers for hire. Large 45°34′46″ N, 122°44′39″ W and back to the Passenger Cruise Vessel does not in- point of origin. All coordinates ref- clude vessels inspected and certificated erence 1983 North American Datum under 46 CFR, Chapter I, Subchapter T (NAD 83). such as excursion vessels, sight seeing (b) Regulations. (1) Anchoring, spud- vessels, dinner cruise vessels, and ding, dredging, laying cable, dragging, whale watching vessels. trawling, conducting salvage oper- Official Patrol means those persons ations, operating commercial vessels of designated by the Captain of the Port any size, and operating recreational to monitor a Large Passenger Cruise vessels greater than 30 feet in length Vessel security and safety zone, permit are prohibited in the regulated area. entry into the zone, give legally en- (2) All vessels transiting or accessing forceable orders to persons or vessels the regulated area shall do so at no within the zone and take other actions wake speed or at the minimum speed authorized by the Captain of the Port. necessary to maintain steerage. Persons authorized in paragraph (e) to [USCG–2008–0121, 74 FR 5991, Feb. 4, 2009] enforce this section are designated as the Official Patrol. § 165.1324 Safety and Security Zone; (d) Authorization. To request author- Cruise Ship Protection, Elliott Bay ization to operate within 100 yards of a and Pier-91, Seattle, Washington. Large Passenger Cruise Vessel that is (a) Safety and security zones. (1) The moored at Pier 91, contact the on-scene following area is a safety and security Official Patrol on VHF–FM channel 16 zone: All waters within the following or 13 or the Facility Security Officer at points: a rectangle, starting at 47°37′53″ (206) 728–3688.

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(e) Enforcement. Any Coast Guard 46°56′50″ N., 124°06′30″ W. thence west- commissioned, warrant or petty officer ward along the north shoreline of the may enforce the rules in this section. harbor to the north jetty at 46°55′40″ N., In the navigable waters of the United 124°10′27″ W. thence northward along States to which this section applies, the shoreline to the beginning. when immediate action is required and (3) Willapa Bay, Wash.: From a point representatives of the Coast Guard are on the shoreline at 46°46′00″ N., not present or not present in sufficient 124°05′40″ W. westward to 46°44′00″ N., force to provide effective enforcement 124°10′45″ W. thence eastward to a point of this section in the vicinity of a on the shoreline at 46°35′00″ N., Large Passenger Cruise Vessel, any 124°03′45″ W. thence northward along Federal or Washington Law Enforce- the shoreline around the north end of ment Officer may enforce the rules Leadbetter Point thence southward contained in this section pursuant to 33 along the east shoreline of Leadbetter CFR 6.04–11. In addition, the Captain of Point to 46°36′00″ N., 124°02′15″ W. the Port may be assisted by other Fed- thence eastward to 46°36′00″ N., eral, state or local agencies in enforc- 124°00′00″ W. thence northward to Toke ing this section. point at 46°42′15″ N., 123°58′00″ W. thence (f) Waiver. The Captain of the Port westward along the north shoreline of Puget Sound may waive any of the requirements of this section for any ves- the harbor and northward along the sel or class of vessels upon finding that seaward shoreline to the beginning. a vessel or class of vessels, operational (4) Columbia River Bar, Wash.-Oreg.: conditions or other circumstances are From a point on the shoreline at ° ′ ″ ° ′ ″ such that application of this section is 46 18 00 N., 124 04 39 W. thence west- unnecessary or impractical for the pur- ward to 46°18′00″ N., 124°09′30″ W. thence pose of port security, safety or environ- southward to 46°12′00″ N., 124°09′30″ W. mental safety. thence eastward to a point on the shoreline at 46°12′00″ N., 123°59′33″ W. [USCG–2009–0331, 74 FR 42028, Aug. 20, 2009] thence eastward to Tansy Point Range Front Light at 46°11′16″ N., 123°55′05″ W.; § 165.1325 Regulated Navigation Areas; Bars Along the Coasts of Oregon thence northward to Chinook Point at and Washington. 46°15′08″ N., 123°55′25″ W. thence northwestward to the north end of (a) Regulated navigation areas. Each of Sand Island at 46°17′29″ N., 124°01′25″ W. the following areas is a regulated navi- thence southwestward to a point on the gation area: (1) Quillayute River Entrance, Wash.: north shoreline of the harbor at ° ′ ″ ° ′ ″ From the west end of James Island 46 16 25 N., 124 02 28 W. thence 47°54′23′ N., 124°39′05′ W. southward to northwestward and southwestward buoy No. 2 at 47°53′42′ N., 124°38′42′ W. along the north shoreline of the harbor eastward to the shoreline at 47°53′42′ N., and northward along the seaward 124°37′51′ W., thence northward along shoreline to the beginning. the shoreline to 47°54′29′ N., 124°38′20′ W. (5) Nehalem River Bar, Oreg.: From a thence northward to 47°54′36′ N., point on the shoreline 45°41′25″ N., 124°38′22′ W. thence westward to the be- 123°56′16″ W. thence westward 45°41′25″ ginning. N., 123°59′00″ W. thence southward to (2) Grays Harbor Entrance, Wash.: 45°37′25″ N., 123°59′00″ W. thence east- From a point on the shoreline at ward to a point on the shoreline at 46°59′00″ N., 124°10′10″ W. westward to 45°37′25″ N., 123°56′38″ W. thence north- 46°59′00″ N., 124°15′30″ W. thence southward along the shoreline to the north ward to 46°51′00″ N., 124°15′30″ W. thence end of the south jetty at 45°39′40″ N., eastward to a point on the shoreline at 123°55′45″ W. thence westward to a point 46°51′00″ N., 124°06′40″ W. thence north- on the shoreline at 45°39′45″ N., ward along the shoreline to a point at 123°56′19″ W. thence northward along the south jetty 46°54′20″ N., 124°08′07″ W. the shoreline to the beginning. thence eastward to 46°54′10″ N., (6) Tillamook Bay Bar, Oreg.: From a 124°05′00″ W. thence northward to point on the shoreline at 45°35′15″ N., 46°55′00″ N., 124°03′30″ W. thence 123°57′05″ W. thence westward 45°35′15″ northwestward to Damon Point at N., 124°00′00″ W. thence southward to

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45°30′00″ N., 124°00′00″ W. thence eastward along the shoreline and eastward ward to a point on the shoreline at along the south bank of the entrance 45°30′00″ N., 123°57′40″ W. thence north- channel to the highway bridge thence ward along the shoreline to the north northward to the north bank of the en- end of Kincheloe Point at 45°33′30″ N., trance channel at the bridge thence 123°56′05″ W. thence northward to a westward along the north bank of the point on the north shoreline of the har- entrance channel and northward along bor at 45°33′40″ N., 123°55′59″ W. thence the seaway shoreline to the beginning. westward along the north shoreline of (11) Siuslaw River Bar, Oreg.: From a the harbor then northward along the point on the shoreline at 44°02′00″ N., seaward shoreline to the beginning. 124°08′00″ W. thence westward to (7) Netarts Bay Bar, Oreg.: From a 44°02′00″ N., 124°09′30″ W. thence south- point on the shoreline at 45°28′05″ N. ward to 44°00′00″ N., 124°09′30″ W. thence thence westward to 45°28′05″ N., eastward to a point on the shoreline at 124°00′00″ W. thence southward to 44°00′00″ N., 124°08′12″ W. thence north- 45°24′00″ N., 124°00′00″ W. thence eastward along the shoreline and southward to a point on the shoreline at ward along the west bank of the en- 45°24′00″ N., 123°57′45″ W. thence north- trance channel to 44°00′35″ N., 124°07′48″ ward along the shoreline to 45°26′03″ N., W. thence southeastward to a point on 123°57′15″ W. thence eastward to a point the east bank of the entrance channel on the north shoreline of the harbor at at 44°00′20″ N., 124°07′31″ W. thence 45°26′00″ N., 123°56′57″ W. thence north- northward along the east bank of the ward along the shoreline to the begin- entrance channel and northward along ning. the seaward shoreline to the beginning. (8) Siletz Bay Bar, Oreg.: From a (12) Umpqua River Bar, Oreg.: From a point on the shoreline at 44°56′32″ N., point on the shoreline at 43°41′20″ N., 124°01′29″ W. thence westward to 124°11′58″ W. thence westward to 44°56′32″ N., 124°03′00″ W. thence south- 43°41′20″ N., 124°13′32″ W. thence southward to 44°54′40″ N., 124°03′15″ W. thence ward to 43°38′35″ N., 124°14′25″ W. thence eastward to a point on the shoreline at eastward to a point on the shoreline at 44°54′40″ N., 124°01′55″ W. thence north- 43°38′35″ N., 124°12′35″ W. thence northward along the shoreline to 44°55′35″ N., ward along the shoreline to light ‘‘8″ at 124°01′25″ W. thence northward to a 43°40′57″ N., 124°11′13″ W. thence south- point on the north shoreline of the har- westward to a point on the west bank bor at 44°55′45″ N., 124°01′20″ W. thence of the entrance channel at 43°40′52″ N., westward and northward along the 124°11′34″ W. thence southwestward shoreline to the beginning. along the west bank of the entrance (9) Depoe Bay Bar, Oreg.: From a channel thence northward along the point on the shoreline at 44°49′15″ N., seaward shoreline to the beginning. 124°04′00″ W. thence westward to (13) Coos Bay Bar, Oreg.: From a 44°49′15″ N., 124°04′35″ W. thence south- point on the shoreline at 43°22′15′ N., ward to 44°47′55″ N., 124°04′55″ W. thence 124°19′34′ W. thence westward to 43°22′20′ eastward to a point on the shoreline at N., 124°22′28′ W. thence southwestward 44°47′53″ N., 124°04′25″ W. thence north- to 43°21′00′ N., 124°23′35′ W. thence ward along the shoreline and eastward southeastward to a point on the shore- along the south bank of the entrance line at 43°20′25′ N., 124°22′28′ W. thence channel to the highway bridge thence northward along the shoreline and northward to the north bank at the eastward along the south shore of the bridge thence westward along the entrance channel to a point on the north bank of the entrance channel and shoreline at 43°20′52′ N., 124°19′12′ W. northward along the seaward shoreline thence eastward to a point on the east to the beginning. shoreline of the harbor at 43°21′00′ N., (10) Yaquina Bay Bar, Oreg.: From a 124°18′50′ W. thence northward to a point on the shoreline at 44°38′11″ N., point on the west shoreline of the har- 124°03′47″ W. thence westward to bor at 43°21′45′ N., 124°19′10′ W. thence 44°38′11″ N., 124°05′55″ W. thence south- south and west along the west shoreward to 44°35′15″ N., 124°06′05″ W. thence line of the harbor thence northward eastward to a point on the shoreline at along the seaward shoreline to the be- 44°35′15″ N., 124°04′02″ W. thence north- ginning.

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(14) Coquille River Bar, Oreg.: From a (2) Bar crossing plan (also known as a point on the shoreline at 43°08′25′ N., Go/No-Go plan) means a plan developed 124°25′04′ W. thence southwestward to by local industry professionals, in co- 43°07′50′ N., 124°27′05′ W. thence south- ordination with the Coast Guard, for a westward to 43°07′03′ N., 124°28′25′ W. bar within a regulated navigation area thence eastward to a point on the established in paragraph (a) of this sec- shoreline at 43°06′00′ N., 124°25′55′ W. tion and adopted by the master or op- thence northward along the shoreline erator of a small passenger vessel to and eastward along the south shoreline guide his vessel’s operations on and in of the channel entrance to 43°07′17′ N., the vicinity of that bar. 124°25′00′ W. thence northward to the (3) Bar restriction means that oper- east end of the north jetty at 43°07′24′ ation of a recreational or uninspected N., 124°24′59′ W. thence westward along passenger vessel within a regulated the north shoreline of the entrance navigation area established in para- channel and northward along the sea- graph (a) of this section has been pro- ward shoreline to the beginning. hibited by the Coast Guard. (15) Rogue River Bar, Oreg.: From a (4) Commercial fishing industry vessel point on the shoreline at 42°26′25′ N., means a fishing vessel, fish tender ves- 124°26′03′ W. thence westward to 42°26′10′ sel, or a fish processing vessel. N., 124°27′05′ W. thence southward to (5) Designated representative means 42°24′15′ N., 124°27′05′ W. thence east- any Coast Guard commissioned, war- ward to a point on the shoreline at rant, or petty officer that has been au- 42°24′15′ N., 124°25′30′ W. thence north- thorized by the Captain of the Port to ward along the shoreline and eastward act on his behalf. along the south shoreline of the en- (6) Fish processing vessel means a ves- trance channel to the highway bridge sel that commercially prepares fish or thence northward across the inner har- fish products other than by gutting, de- bor jetty to a point on the north shore- capitating, gilling, skinning, shucking, line of the entrance channel at the icing, freezing, or brine chilling. highway bridge thence westward along (7) Fish tender vessel means a vessel the north shoreline of the entrance that commercially supplies, stores, re- channel thence northward along the frigerates, or transports fish, fish prod- seaward shoreline to the beginning. ucts, or materials directly related to (16) Chetco River Bar, Oreg.: From a fishing or the preparation of fish to or point on the shoreline at 42°02′35′ N., from a fishing, fish processing, or fish 124°17′20′ W. thence southeastward to tender vessel or a fish processing facil- 42°01′45′ N., 124°16′30′ W. thence ity. northwestward to a point on the shore- (8) Fishing vessel means a vessel that line at 42°02′10′ N., 124°15′35′ W. thence commercially engages in the catching, northwestward along the shoreline taking, or harvesting of fish or an ac- thence northward along the east shore- tivity that can reasonably be expected line of the channel entrance to 42°02′47′ to result in the catching, taking, or N., 124°16′03′ W. thence northward along harvesting of fish. the west face of the inner jetty and (9) Readily accessible means equip- east shoreline of the channel entrance ment that is taken out of stowage and to the highway bridge thence westward is available within the same space as to the west shoreline of the channel at any person for immediate use during the highway bridge thence southward an emergency. along the west shoreline of the channel (10) Recreational vessel is any vessel thence westward along the seaward manufactured or used primarily for shoreline to the beginning. non-commercial use or leased, rented, (b) Definitions. For the purposes of or chartered to another for the latter’s this section: non-commercial use. It does not in- (1) Bar closure means that the oper- clude a vessel engaged in carrying pay- ation of any vessel within a regulated ing passengers. navigation area established in para- (11) Small passenger vessel means a graph (a) of this section has been pro- vessel inspected under 46 CFR sub- hibited by the Coast Guard. chapter T or 46 CFR subchapter K.

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(12) Uninspected passenger vessel and uninspected passenger vessels in means an uninspected vessel— the regulated navigation area estab- (i) Of at least 100 gross tons; lished in paragraph (a) of this section (A) Carrying not more than 12 pas- in which the restricted bar is located is sengers, including at prohibited unless specifically author- least one passenger-for-hire; or ized by the COTP or his designated rep- (B) That is chartered with the crew resentative. provided or specified by the owner or (ii) Bar closure. The bars located in the owner’s representative and car- the regulated navigation areas estab- rying not more than 12 passengers; or lished in paragraph (a) of this section (ii) Of less than 100 gross tons; will be closed to all vessels whenever (A) Carrying not more than six pas- environmental conditions exceed the sengers, including at least one pas- operational limitations of the relevant senger-for-hire; or Coast Guard search and rescue re- (B) That is chartered with the crew sources as determined by the COTP. provided or specified by the owner or When a bar is closed, the operation of the owner’s representative and carrying not more than six passengers. any vessel in the regulated navigation (13) Unsafe condition exists when the area established in paragraph (a) of wave height within a regulated naviga- this section in which the closed bar is tion area identified in paragraph (a) of located is prohibited unless specifically this section is equal to or greater than authorized by the COTP or his des- the maximum wave height determined ignated representative. For bars having by the formula L/10 + F = W where: deep draft vessel access, the COTP will consult with the local pilots associa- L = Overall length of a vessel measured in tion, when practicable, prior to closing feet in a straight horizontal line along the affected bar. and parallel with the centerline between the intersections of this line with the (iii) The Coast Guard will notify the vertical planes of the stem and stern pro- public of bar restrictions and bar clo- files excluding deckhouses and equip- sures via a Broadcast Notice to Mari- ment. ners on VHF–FM Channel 16 and 22A. F = The minimum freeboard when measured Additionally, Coast Guard personnel in feet from the lowest point along the may be on-scene to advise the public of upper strake edge to the surface of the water. any bar restrictions and/or closures. W = Maximum wave height in feet to the (2) Safety requirements for recreational nearest highest whole number. vessels. The operator of any rec- (c) Regulations—(1)(i) Bar restriction. reational vessel operating in a regu- Passage across the bars located in the lated navigation area established in regulated navigation areas established paragraph (a) of this section shall en- in paragraph (a) of this section will be sure that whenever their vessel is being restricted for recreational and towed or escorted across a bar by the uninspected passenger vessels as deter- Coast Guard all persons located in any mined by the Captain of the Port unenclosed areas of their vessel are (COTP) or his designated representa- wearing lifejackets and that lifejackets tive. In making this determination, the are readily accessible for/to all persons COTP or his designated representative located in any enclosed areas of their will determine whether an unsafe con- vessel. dition exists for such vessels as defined (3) Safety requirements for Uninspected in paragraph (b) of this section. Addi- Passenger Vessels (UPV). (i) The master tionally, the COTP or his designated or operator of any uninspected pas- representative will use their profes- senger vessel operating in a regulated sional maritime experience and knowl- navigation area established in para- edge of local environmental conditions graph (a) of this section shall ensure in making their determination. Fac- that all persons located in any tors that will be considered include, unenclosed areas of their vessel are but are not limited to: size and type of wearing lifejackets and that lifejackets vessel, sea state, winds, wave period, are readily accessible for/to all persons and tidal currents. When a bar is re- located in any enclosed areas of their stricted, the operation of recreational vessel:

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(A) When crossing the bar and a bar (c)(4)(i) of this section in their en- restriction exists for recreational ves- tirety. sels of the same length or (iii) The master or operator of any (B) Whenever their vessel is being small passenger vessel operating in a towed or escorted across the bar by the regulated navigation area established Coast Guard. in paragraph (a) of this section during (ii) The master or operator of any the conditions described in paragraph uninspected passenger vessel operating (c)(4)(i)(A) of this section shall contact in a regulated navigation area estab- the Coast Guard on VHF–FM Channel lished in paragraph (a) of this section 16 or 22A prior to crossing the bar be- during the conditions described in tween sunset and sunrise. The master paragraph (c)(3)(i)(A) of this section or operator shall report the following: shall contact the Coast Guard on VHF– (A) Vessel name, FM Channel 16 or 22A prior to crossing (B) Vessel location or position, the bar between sunset and sunrise. (C) Number of persons onboard the The master or operator shall report the vessel, and following: (D) Vessel destination. (A) Vessel name, (5) Safety requirements for Commercial (B) Vessel location or position, Fishing Vessels (CFV). (i) The master or (C) Number of persons onboard the operator of any commercial fishing vessel, and vessel operating in a regulated naviga- (D) Vessel destination. tion area established in paragraph (a) (4) Safety requirements for Small Pas- of this section shall ensure that all per- senger Vessels (SPV). (i) The master or sons located in any unenclosed areas of operator of any small passenger vessel their vessel are wearing lifejackets or operating in a regulated navigation immersion suits and that lifejackets or area established in paragraph (a) of immersion suits are readily accessible this section shall ensure that all per- for/to all persons located in any en- sons located in any unenclosed areas of closed spaces of their vessel: their vessel are wearing lifejackets and (A) When crossing the bar and a bar that lifejackets are readily accessible restriction exists for recreational ves- for/to all persons located in any en- sels or uninspected passenger vessels of closed areas of their vessel: the same length or (A) When crossing the bar and a bar (B) Whenever their vessel is being restriction exists for recreational ves- towed or escorted across the bar by the sels or uninspected passenger vessels of Coast Guard. the same length or (ii) The master or operator of any (B) Whenever their vessel is being commercial fishing vessel operating in towed or escorted across the bar by the a regulated navigation area established Coast Guard. in paragraph (a) of this section during (ii) Small passenger vessels with bar the conditions described in paragraph crossing plans that have been reviewed (c)(5)(i)(A) of this section shall contact by and accepted by the Officer in the Coast Guard on VHF–FM Channel Charge, Marine Inspection (OCMI) are 16 or 22A prior to crossing the bar be- exempt from the safety requirements tween sunset and sunrise. The master provided in paragraph (c)(4)(i) of this or operator shall report the following: section during the conditions described in paragraph (c)(4)(i)(A) of this section (A) Vessel name, so long as when crossing the bar the (B) Vessel location or position, master or operator ensures that all (C) Number of persons onboard the persons on their vessel wear lifejackets vessel, and in accordance with their bar crossing (D) Vessel destination. plan. If the vessel’s bar crossing plan (6) All persons and vessels within the does not specify the conditions when regulated navigation areas established the persons on their vessel must wear in paragraph (a) of this section must lifejackets, however, then the master comply with the orders of Coast Guard or operator must comply with the safe- personnel. Coast Guard personnel in- ty requirements provided in paragraph clude commissioned, warrant, and

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petty officers of the United States W thence to 45° 36′ 08.775″ N/122° 46′ Coast Guard. 33.888″ W thence to 45° 36′ 09.121″ N/122° 46′ 35.337″ W thence to 45° 36′ 09.230″ N/ [USCG–2008–1017, 74 FR 59101, Nov. 17, 2009, as ° ′ ″ ° ′ ″ amended by USCG–2008–1017, 75 FR 10688, 122 46 36.166 W thence to 45 36 09.442 Mar. 9, 2010; 75 FR 18055, Apr. 9, 2010] N/122° 46′ 37.759″ W thence to 45° 36′ 09.865″ N/122° 46′ 39.511″ W thence to 45° § 165.1326 Regulated Navigation Areas; 36′ 10.421″ N/122° 46′ 39.469″ W thence to Port of Portland Terminal 4, Wil- 45° 36′ 10.634″ N/122° 46′ 39.056″ W. lamette River, Portland, OR. (b) Regulations. All vessels are prohib- (a) Regulated navigation areas. Each of ited from anchoring, dragging, dredg- the following areas is a regulated navi- ing, or trawling in the regulated navigation area: gation areas established in paragraph (1) All waters of the Willamette River (a) of this section. in the head of the Port of Portland’s [USCG–2009–0370, 75 FR 20525, Apr. 20, 2010] Terminal 4 Slip 3, encompassed by a line commencing at 45° 36′ 01.861″ N/ § 165.1327 Security Zone; escorted U.S. 122°46′ 20.995″ W thence to 45° 36′ 01.455 Navy submarines in Sector Seattle N/122° 46′ 20.887″ W thence to 45° 36′ Captain of the Port Zone. 00.993″ N/122° 46′ 20.714″ W thence to 45° (a) Location. The following area is a 36′ 00.725″ N/122° 46′ 20.923″ W thence to security zone: All waters within 1000 45° 36′ 00.731″ N/122° 46′ 21.262″ W thence yards of any U.S. Navy submarine that to 45° 36′ 00.712″ N/122° 46′ 21.823″ W is operating in the Sector Seattle Cap- thence to 45° 36′ 01.230″ N/122° 46′ 22.048″ tain of the Port Zone, as defined in 33 W thence to 45° 36′ 01.651″ N/122° 46′ CFR Section 3.65–10, and is being es- 22.168″ W thence to 45° 36′ 01.684″ N/122° corted by the Coast Guard. 46′ 22.372″ W thence to 45° 36′ 01.873″ N/ (b) Regulations. In accordance with 122° 46′ 22.303″ W thence to 45° 36′ 02.065″ the general regulations in 33 CFR Sec- N/122° 46′ 21.799″ W thence to 45° 36′ tion 165, Subpart D, no person or vessel 01.989″ N/122° 46′ 21.574″ W thence to 45° may enter or remain in the security 36′ 01.675″ N/122° 46′ 21.483″ W thence to zone created by paragraph (a) of this 45° 36′ 01.795″ N/122° 46′ 21.442″ W thence section unless authorized by the Coast to 45° 36′ 01.861″ N 122° 46′ 20.995″ W. Guard patrol commander. The Coast (2) All waters of the Willamette River Guard patrol commander will coordi- in Wheeler Bay between Slip 1 and Slip nate with Vessel Traffic System users 3 in the Port of Portland’s Terminal 4, on a case-by-case basis to make appro- encompassed by a line commencing at priate passing arrangements under the 45° 36′ 10.634″ N/122° 46′ 39.056″ W thence circumstances. 33 CFR Section 165, to 45° 36′ 10.269″ N/122° 46′ 37.140″ W Subpart D, contains additional provi- thence to 45° 36′ 10.027″ N/122° 46′ 36.050″ sions applicable to the security zone W thence to 45° 36′ 09.722″ N/122° 46′ created in paragraph (a) of this section. 34.181″ W thence to 45° 36′ 09.425″ N/122° (c) Notification. The Coast Guard se- 46′ 33.118″ W thence to 45° 36′ 08.960″ N/ curity escort will attempt, when nec- 122° 46′ 32.150″ W thence to 45° 36′ 08.653″ essary and practicable, to notify any N/122° 46′ 31.681″ W thence to 45° 36′ persons or vessels inside or in the vi- 08.191″ N/122° 46′ 31.341″ W thence to 45° cinity of the security zone created in 36′ 07.886″ N/122° 46′ 31.269″ W thence to paragraph (a) of this section of its ex- 45° 36′ 07.517″ N/122° 46′ 31.038″ W thence istence via VHF Channel 16 and/or any to 45° 36′ 07.235″ N/122° 46′ 31.066″ W other means reasonably available. thence to 45° 36′ 07.040″ N/122° 46′ 30.941″ [USCG–2009–1057, 75 FR 28204, May 20, 2010] W thence to 45° 36′ 06.697″ N/122° 46′ 30.987″ W thence to 45° 36′ 06.509″ N/122° § 165.1328 Regulated Navigation Area; 46′ 31.251″ W thence to 45° 36′ 06.201″ N/ U.S. Navy submarines, Hood Canal, 122° 46′ 31.517″ W thence to 45° 36′ 06.081″ WA. N/122° 46′ 1.812″ W thence to 45° 36′ (a) Location. The following area is a 06.550″ N/122° 46′ 32.124″ W thence to 45° regulated navigation area (RNA): All 36′ 06.970″ N/122° 46′ 31.895″ W thence to waters of the Hood Canal in the State 45° 36′ 07.172″ N/122° 46′ 31.868″ W thence of Washington whenever any U.S. Navy to 45° 36′ 07.883″ N/122° 46′ 32.316″ W submarine is operating in the Hood thence to 45° 36′ 08.370″ N/122° 46′ 32.927″ Canal and is being escorted by the

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Coast Guard. For purposes of this sec- (c) Notification. The Coast Guard se- tion, ‘‘Hood Canal’’ means all waters of curity escort will attempt, when nec- Hood Canal, including Dabob Bay, lo- essary and practicable, to notify any cated between two lines with the first persons or vessels in the RNA created line connecting positions 47°37.9′ N, in paragraph (a) of this section of its 122°57.1′ W and 47°37.9′ N, 122°52.9′ W and existence via VHF Channel 16 and/or the second line connecting positions any other means reasonably available. ° ′ ° ′ ° ′ 48 00.7 N, 122 41.0 W and 47 56.4 N, [USCG–2009–1058, 75 FR 27640, May 18, 2010] 122°36.9′ W (b) Regulations. All persons and ves- § 165.1332 Safety Zones; annual fire- sels located within the RNA created by work displays within the Captain of paragraph (a) of this section shall fol- the Port, Puget Sound Area of Re- low all lawful orders and/or directions sponsibility. given to them by Coast Guard security (a) Safety Zones. The following areas escort personnel. 33 CFR Section 165, are designated safety zones: Subpart B, contains additional provi- (1) All waters of Puget Sound, Wash- sions applicable to the RNA created in ington, extending to a 450 yard radius paragraph (a) of this section. from the following launch sites:

CAPTAIN OF THE PORT PUGET SOUND AOR ANNUAL FIREWORK DISPLAYS

Event name (typically) Event location Latitude Longitude

Steilacoom Annual Fireworks ...... Steilacoom ...... 47° 10.4′ N 122° 36.2′ W Tacoma Freedom Fair ...... Commencement Bay ...... 47° 16.817′ N 122° 27.933′ W City of Anacortes Fireworks ...... Fidalgo Bay ...... 47° 17.1′ N 122° 28.4′ W Alderbrook Resort & Spa Fireworks ...... Hood Canal ...... 47° 21.033′ N 123° 04.1′ W Fireworks Display ...... Henderson Bay ...... 47° 21.8′ N 122° 38.367′ W Des Moines Fireworks ...... Des Moines ...... 47° 24.117′ N 122° 20.033′ W Three Tree Point Community Fireworks .... Three Tree Point ...... 47° 27.033′ N 122° 23.15′ W City of Renton Fireworks ...... Renton, Lake Washington ...... 47° 29.986′ N 122° 11.85′ W Port Orchard Fireworks ...... Port Orchard ...... 47° 32.883′ N 122° 37.917′ W Chimes and Lights ...... Port Orchard ...... 47° 32.75′ N 122° 38.033′ W Seattle Seafair ...... Lake Washington ...... 47° 34.333′ N 122° 16.017′ W Mercer Island Celebration ...... Mercer Island ...... 47° 35.517′ N 122° 13.233′ W Medina Days ...... Medina Park ...... 47° 36.867′ N 122° 14.5′ W Bainbridge Island Fireworks ...... Eagle Harbor ...... 47° 37.267′ N 122° 31.583′ W Whaling Days ...... Dyes Inlet ...... 47° 38.65′ N 122° 41.35′ W Yarrow Point Community ...... Yarrow Point ...... 47° 38.727′ N 122° 13.466′ W City of Kenmore Fireworks ...... Lake Forest Park ...... 47° 39.0′ N 122° 13.55′ W Kirkland Concours D’Elegence ...... Kirkland ...... 47° 39.521′ N 122° 12.439′ W Kirkland Fireworks ...... Kirkland ...... 47° 40.583′ N 122° 12.84′ W Liberty Bay Fireworks ...... Liberty Bay ...... 47° 43.917′ N 122° 39.133′ W Sheridan Beach Community ...... Lake Forest Park ...... 47° 44.783′ N 122° 16.917′ W Langlie’s Old Fashioned Independence Indianola ...... 47° 44.817′ N 122° 31.533′ W Celebration. Lake Forest Park Fireworks ...... Lake Forest Park ...... 47° 45.117′ N 122° 16.367′ W Vashon Island Fireworks ...... Quartermaster Harbor ...... 47° 45.25′ N 122° 15.75′ W Kingston Fireworks ...... Appletree Cove ...... 47° 47.65′ N 122° 29.917′ W Mukilteo Lighthouse Festival ...... Possession Sound ...... 47° 56.9′ N 122° 18.6′ W Brewster Fire Department Fireworks ...... Brewster ...... 48° 06.367′ N 119° 47.15′ W Port Angeles ...... Port Angeles Harbor ...... 48° 07.033′ N 123° 24.967′ W Port Townsend Sunrise Rotary ...... Port Townsend ...... 48° 08.067′ N 122° 46.467′ W Friday Harbor Independence ...... Friday Harbor ...... 48° 32.6′ N 122° 00.467′ W Roche Harbor Fireworks ...... Roche Harbor ...... 48° 36.7′ N 123° 09.5′ W Deer Harbor Annual Fireworks Display ..... Deer Harbor ...... 48° 37.0′ N 123° 00.25′ W. Orcas Island ...... Orcas Island ...... 48° 41.317′ N 122° 54.467′ W Blast Over Bellingham ...... Bellingham Bay ...... 48° 44.933′ N 122° 29.667′ W True Colors Event ...... Blaine ...... 48° 59.488′ N 122° 46.339′ W John Eddy Wedding ...... Magnolia Bluff ...... 49° 38.988′ N 122° 25.356′ W City of Mount Vernon Fireworks ...... Edgewater Park ...... 48° 25.178′ N 122° 20.424′ W Chase Family Fourth at Lake Union ...... Lake Union ...... 47° 38.418′ N 122° 20.111′ W

(2) [Reserved] play a sign. The sign will be affixed to (b) Special requirements. Firework the port and starboard side of the barge barges or launch sites on land used in or mounted on a post 3 feet above locations stated in this rule shall dis- ground level when on land and in close

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proximity to the shoreline facing the each day a barge with a ‘‘FIRE- water labeled ‘‘FIREWORKS–DAN- WORKS–DANGER–STAY AWAY’’ sign GER–STAY AWAY.’’ This will provide is located within any of the above des- on-scene notice that the safety zone is, ignated safety zone locations and or will, be enforced on that day. This meets the criteria established in sec- notice will consist of a diamond shaped tion (b), within the following time- sign, 4 foot by 4 foot, with a 3 inch or- frames: ange retro-reflective border. The word (1) The last two weeks of December ‘‘DANGER’ shall be 10 inch black block until the conclusion of the first week- letters centered on the sign with the end of January. words ‘‘FIREWORKS’’ and ‘‘STAY (2) The last weekend of June until AWAY’’ in 6 inch black block letters the conclusion of the third week of placed above and below the word July. ‘‘DANGER’’ respectively on a white (3) The second weekend of August background. An on-scene patrol vessel until the conclusion of the fourth week will enforce these safety zones 30 min- of August. utes prior to the start and 30 minutes (4) The first weekend of September after the conclusion of the fireworks until the conclusion of the third week display. of September. (c) Notice of enforcement. These safety (5) The first weekend of December. zones will be activated and thus sub- (g) Contact information. Questions ject to enforcement, under the fol- about safety zones and related events lowing conditions: the Coast Guard should be addressed to COMMANDER must receive and approve a marine (spw), U.S. COAST GUARD SECTOR, event permit for each firework display Attention: Waterways Management Di- and then the Captain of the Port will vision, 1519 Alaskan Way South, Se- cause notice of the enforcement of attle, WA 98134–1192. these safety zones to be made by all ap- [USCG–2010–0063, 75 FR 33700, June 15, 2010] propriate means to provide notice to the affected segments of the public as FOURTEENTH COAST GUARD DISTRICT practicable, in accordance with 33 CFR 165.7(a). The Captain of the Port will § 165.T14–204 Safety Zone; fixed moor- issue a Broadcast Notice to Mariners ing balls, south of Barbers Pt Har- and Local Notice to Mariners notifying bor Channel, Oahu, Hawaii. the public of activation and suspension (a) Location. The following area is a of enforcement of these safety zones. safety zone: All waters contained with- Additionally, an on-scene Patrol Com- in a 400-yard radius (366-meter) radius mander will ensure enforcement of this around position 21°18′35.00″ N., safety zone by limiting the transit of 158°07′33.00″ W. This position is approxi- non-participating vessels in the des- mately 2,500 yards south of Barbers ignated areas described above. Point Harbor channel buoy #2, Oahu, (d) Regulations. In accordance with Hawaii. This Safety Zone will have six the general regulations in 33 CFR part (6), 24-inch white mooring balls with a 165, subpart C, no vessel operator may single blue reflective stripe. The moor- enter, transit, moor, or anchor within ing balls will be placed 133 yards (121 this safety zone, except for vessels au- meters) in a circular design for thorized by the Captain of the Port or preapproved vessel mooring purposes. Designated Representative. This safety zone extends from the sur- (e) Authorization. All vessel operators face of the water to the ocean floor. who desire to enter the safety zone These coordinates are based upon the must obtain permission from the Cap- National Oceanic and Atmospheric Ad- tain of the Port or Designated Rep- ministration Coast Survey, Pacific resentative by contacting either the Ocean, Oahu, Hawaii, chart 19357. on-scene patrol craft on VHF Ch 13 or (b) Regulations. (1) Entry into or re- Ch 16 or the Coast Guard Sector Se- maining in the safety zone described in attle Joint Harbor Operations Center paragraph (a) of this section is prohib- (JHOC) via telephone at (206) 217–6002. ited unless authorized by the Coast (f) Enforcement period. This rule will Guard Captain of the Port Honolulu be enforced from 5 p.m. until 1 a.m. zone.

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(2) Persons desiring to transit the Wharf H and/or Naval Wharf Kilo, or a safety zone may contact the Honolulu vessel berthed at Wharf H and/or Naval Captain of the Port on VHF channel Wharf Kilo, is displaying a red 81A (157.075 MHz), VHF channel 16 (BRAVO) flag by day or a red light by (156.800 MHz), or at telephone numbers night. 1–808–563–9906 or 808–842–2600 to seek (2) In accordance with the general permission to transit the area with a regulations in 165.23 of this part, entry designated escort vessel. If permission into these zones is prohibited unless is granted, all persons and vessels must authorized by the Captain of the Port, comply with the instructions of the Guam. Captain of the Port or his or her designated representative. All other ves- [COTP Guam Reg. 89–001, 55 FR 18725, May 4, 1990] sels are requested to pass to the west, or makai side, of the Safety Zone to § 165.1402 Apra Outer Harbor, Guam— avoid grounding on the shallow and regulated navigation area. live coral reef area located between the safety zone and the shoreline. (a) The following is a regulated navi- (c) Enforcement period. This rule will gation area—The waters of the Pacific be enforced from 6 a.m. on July 1, 2010 Ocean and Apra Outer Harbor enclosed by a line beginning at latitude 13°26′47″ until 6 p.m. on July 21, 2010 or unless ° ′ ″ canceled earlier by the Captain of the N, longitude 144 35 07 E; thence to Spanish Rocks at latitude 13°27′09.5″ N, Port. ° ′ ″ (d) Regulations. In accordance with longitude 144 37 20.6 E; thence along the general regulations in 33 CFR part the shoreline of Apra Outer Harbor to ° ′ ″ 165, Subpart C, no person or vessel may latitude 13 26 28.1 N, longitude ° ′ ″ enter or remain in the zone except for 144 39 52.5 E (the northwest corner of support vessels/aircraft and support Polaris Point); thence to latitude ° ′ ″ ° ′ ″ personnel, or other vessels authorized 13 26 40.2 N, longitude 144 39 28.1 E; ° ′ ″ by the Captain of the Port or his des- thence to latitude 13 26 32.1 N, lon- ° ′ ″ ignated representatives. gitude 144 39 02.8 E; thence along the (e) Penalties. Vessels or persons vio- shoreline of Apra Outer Harbor to ° ′ ″ lating this rule are subject to the pen- Orote Point at latitude 13 26 42 N, lon- ° ′ ″ alties set forth in 33 U.S.C. 1232 and 50 gitude 144 36 58.5 E; thence to the be- U.S.C. 192. ginning. (Based on WGS 84 Datum) (b) Regulations: EFFECTIVE DATE NOTE: By USCG–2010–0457, (1) Except for public vessels of the 75 FR 38021, July 1, 2010, temporary § 165.T14– United States, vessels may not enter 204 was added, effective from 6 a.m. on July 1, 2010 through 6 p.m. on July 21, 2010. Apra Outer Harbor without permission of the Captain of the Port if they have § 165.1401 Apra Harbor, Guam—safety on board more than 25 tons of high ex- zones. plosives. (a) The following is designated as (2) Except for vessels not more than Safety Zone A—The waters of the Pa- 65 feet in length, towboats or tugs cific Ocean and Apra Outer Harbor en- without tows, no vessel may pass an- compassed within an arc of 725 yards other vessel in the vicinity of the radius centered at the center of Wharf Outer Harbor entrance. H. (Located at 13°27′47″ N and (3) Vessels over 100 gross tons shall: 144°39′01.9″ E. Based on World Geodetic (i) Steady on the entrance range at System 1984 Datum) least 2 miles west of the entrance when (b) The following is designated Safe- approaching Apra Outer Harbor and; ty Zone B—The waters of Apra Outer (ii) [Reserved] Harbor encompassed within an arc of (iii) Steady on the range when de- 680 yards radius centered at the center parting Apra Outer Harbor. of Naval Wharf Kilo. (Located at (4) Vessels may not anchor in the 13°26′43″ N, 144°37′46.7″ E. Based on fairway. The fairway is the area within World Geodetic system 1984 Datum) 375 feet on either side of a line begin- (c) Special regulations. (1) Section ning at latitude 13°26′47″ N, longitude 165.23 does not apply to Safety Zone A 144°35′07″ E; thence to latitude and/or Safety Zone B, except when 13°27′14.1″ N, longitude 144°39′14.4″ E;

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thence to latitude 13°26′35.2″ N, lon- 13°27′30.1″ N and 144°38′12.9″ E. Based on gitude 144°39′46.4″ E; thence to latitude World Geodetic System 1984 Datum) 13°26′30.8″ N, longitude 144°39′44.4″ E. and the Maritime Prepositioning ships (Based on WGS 84 Datum) moored thereto. The security zone will (5) Vessels over 100 gross tons may extend 100 yards in all directions not proceed at a speed exceeding 12 around the vessel and its mooring. Ad- knots within the harbor. ditionally, a 50 yard security zone will (6) No vessel may leave Apra Outer remain in effect in all directions Harbor until any inbound vessel over 65 around buoy No. 702 when no vessel is feet in length has cleared the Outer moored thereto. Harbor Entrance. (b) In accordance with the general [CGD 79–034, 47 FR 29660, July 8, 1982, as regulations in § 165.33 of this part, amended by CGD 96–026, 61 FR 33669, June 28, entry into Security Zone C is prohib- 1996; USCG–1998–3799, 63 FR 35533, June 30, ited unless authorized by the Captain 1998] of the Port, Guam. § 165.1403 Security Zones; Tinian, [COTP Guam Reg. 89–001, 55 FR 18725, May 4, Commonwealth of the Northern 1990] Mariana Islands. (a) Location. The following areas are § 165.1405 Regulated Navigation Areas and Security Zones; Designated Es- security zones: corted Vessels-Philippine Sea and (1) The waters of the Pacific Ocean Apra Harbor, Guam (including off Tinian between 14°59′04.9″ N, Cabras Island Channel), and 145°34′58.6″ E to 14°59′20.1″ N, 145°35′41.5″ Tanapag Harbor, Saipan, Common- E to 14°59′09.8″ N, 145°36′02.1″ E to wealth of the Northern Mariana Is- 14°57′49.3″ N, 145°36′28.7″ E to 14°57′29.1″ lands (CNMI). N, 145°35′31.1″ E and back to 14°59′04.9″ (a) Regulated navigation area. The fol- N, 145°34′58.6″ E. This zone will be en- lowing areas, designated by coordi- forced when one, or more, of the Mari- nates referencing World Geodetic time Preposition Ships is in the zone or Datum (1984), are regulated navigation moored at Mooring A located at areas (RNAs). ° ′ ″ ° ′ ″ 14 58 57.0 N and 145 35 40.8 E or Moor- (1) Philippine Sea, Guam—All waters ° ′ ″ ° ′ ″ ing B located at 14 58 15.9 N, 145 35 54.8 from the surface to the bottom of the E. Philippine Sea, Guam, encompassed by (2) Additionally, a 50-yard security lines connecting the following points, zone in all directions around Moorings beginning at 13°27′10″ N, 144°35′05″ E, A and B will be enforced when no ves- thence easterly to 13°27′17″ N, 144°37′27″ sels are moored thereto but mooring E, thence south westerly to 13°26′52″ N, balls are anchored and on station. 144°37′05″ E, thence westerly to 13°26′37″ NOTE TO § 165.1403(a): All positions of lati- N, 144°35′05″ E, thence due north back tude and longitude are from International to point of origin. Spheroid, Astro Pier 1944 (Saipan) Datum (2) Apra Harbor, Guam—All waters (NOAA Chart 81071). from surface to bottom of Apra Harbor, (b) Regulations. (1) In accordance with Guam, shoreward of the COLREGS De- general regulations in § 165.33 of this marcation as described in 33 CFR part part, entry into this security zone is 80. prohibited unless authorized by the (3) Tanapag Harbor, Saipan—The wa- Captain of the Port. ters from surface to bottom of Tanapag [COTP Honolulu Reg. 86–08, 51 FR 42220, Nov. Harbor, Saipan (CNMI), encompassed 24, 1986, as amended by USCG–2001–9286, 66 by lines connecting the following FR 33642, June 25, 2001; COTP Guam 07–005, 72 points, beginning at 15°12′10″ N, FR 65460, Nov. 21, 2007] 145°40′28″ E, thence north easterly to 15°14′08″ N, 145°42′00″ E, thence due east § 165.1404 Apra Harbor, Guam—secu- to 15°14′08″ N, 145°44′02″ E, thence south rity zone. easterly to 15°13′54″ N, 144°44′20″ E, (a) The following is designated as Se- thence south westerly along the shore- curity Zone C—The waters of Apra line to 15°13′11″ N, 145°43′01″ E, thence Outer Harbor, Guam surrounding Naval south westerly to 15°12′10″ N, 145°40′28″ Mooring Buoy No. 702 (Located at E.

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

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the Commander, Fourteenth Coast thence north along the western edge of Guard District, or the Captain of the the channel to day beacon no. 13, Port (COTP) Honolulu, Hawaii, when- thence northwest at a bearing of ever Strategic Target System (STARS) 332.5°T to shore. vehicles are to be launched by the (ii) Honolulu International Airport, United States Government from the South Section. All waters near Honolulu PMRF, Barking Sands, Kauai, Hawaii. International Airport from 21°18.0′ N/ (d) The general regulations governing 157°55.58′ W, thence south to 21°16.5′ N/ safety zones contained in 33 CFR 165.23 157°55.58′ W, thence east to 21°16.5′ N/ apply. 157°54.0′ W (the extension of the west- [CGD14 92–05, 57 FR 54508, Nov. 19, 1992, as ern edge of Kalihi Channel), thence amended by CGD 96–026, 61 FR 33669, June 28, north along the western edge of the 1996] channel to Kalihi Channel buoy ‘‘5’’, thence west to 21°18.0′ N/157°55.58′ W. § 165.1407 Security Zones; Oahu, HI. (5) Barbers Point Offshore Moorings. (a) Location. The following areas, All waters around the Tesoro Single from the surface of the water to the Point and the Chevron Conventional ocean floor, are security zones that are Buoy Moorings beginning at 21°16.43′ N/ activated and enforced subject to the 158°06.03′ W, thence northeast to provisions of paragraphs (c) and (d). All 21°17.35′ N/158°3.95′ W, thence southeast coordinates below are expressed in de- to 21°16.47′ N/ 158°03.5′ W, thence south- grees, minutes, and tenths or hun- west to 21°15.53′ N/158°05.56′ W, thence dredths of minutes. north to the beginning point. (1) Honolulu Harbor. All waters of (6) Barbers Point Harbor, Oahu. All Honolulu Harbor and Honolulu en- waters contained within the Barbers trance channel commencing at a line Point Harbor, Oahu, enclosed by a line between entrance channel buoys no. 1 drawn between Harbor Entrance Chan- and no. 2, to a line between the fixed nel Light 6 and the jetty point day bea- day beacons no. 14 and no. 15 west of con at 21°19.5′ N/158°07.26′ W. Sand Island Bridge. (7) Kahe Point, Oahu. All waters adja- (2) Honolulu Harbor Anchorages B, C, cent to the Hawaiian Electric Company and D. All waters extending 100 yards power plant at Kahe Point within 500 in all directions from each vessel in ex- yards of 21° 21.30’ N/158′ 07.7° W (lighted cess of 300 gross tons anchored in Hono- tower). lulu Harbor Anchorage B, C, or D, as (b) Definitions. As used in this sec- defined in 33 CFR 110.235(a). tion, MARSEC Level 2 or Maritime Secu- (3) Kalihi Channel and Keehi Lagoon, rity Level 2 means, as defined in 33 CFR Oahu. All waters of Kalihi Channel and 101.105, the level for which appropriate Keehi Lagoon beginning at Kalihi additional protective security meas- Channel entrance buoy no. 1 and con- ures shall be maintained for a period of tinuing along the general trend of time as a result of heightened risk of a Kalihi Channel to day beacon no. 13, transportation security incident. thence continuing on a bearing of (c) Regulations. (1) Under 33 CFR 332.5°T to shore, thence east and south 165.33, entry into the security zones de- along the general trend of the shoreline scribed in this section is prohibited un- to day beacon no. 15, thence southeast less authorized by the Coast Guard to day beacon no. 14, thence southeast Captain of the Port, Honolulu or his or along the general trend of the shoreline her designated representatives. of Sand Island, to the southwest tip of (2) Persons desiring to transit the Sand Island at 21°18.0′ N/157°53.05′ W, areas of the security zones may con- thence southwest on a bearing of 233°T tact the Captain of the Port at Com- to Kalihi Channel entrance buoy no. 1. mand Center telephone number (808) (4) Honolulu International Airport—(i) 842–2600 and (808) 842–2601, fax (808) 842– Honolulu International Airport, North 2624 or on VHF channel 16 (156.8 Mhz) Section. All waters surrounding Hono- to seek permission to transit the area. lulu International Airport from Written requests may be submitted to 21°18.25′ N/157° 55.58° W, thence south to the Captain of Port, U.S. Coast Guard 21°18.0′ N/157° 55.58′ W, thence east to Sector Honolulu, Sand Island Access the western edge of Kalihi Channel, Road, Honolulu, Hawaii 96819, or faxed

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to (808) 842–2622. If permission is grant- means to affect the widest publicity, ed, all persons and vessels must comply including the use of broadcast notice to with the instructions of the Captain of mariners and publication in the local the Port or his or her designated rep- notice to mariners. resentatives. For all seaplane traffic (f) Enforcement. Any Coast Guard entering or transiting the security commissioned, warrant, or petty offi- zones, a seaplane’s compliance with all cer, and any other Captain of the Port Federal Aviation Administration regu- representative permitted by law, may lations (14 CFR parts 91 and 99) regard- enforce the rules in this section. ing flight-plan approval is deemed ade- (g) Waiver. The Captain of the Port, quate permission to transit the water- Honolulu may waive any of the re- way security zones described in this quirements of this section for any ves- section. sel or class of vessels upon his or her (d) Notice of enforcement or suspension determination that application of this of enforcement of security zones. (1) The section is unnecessary or impractical security zones described in paragraphs for the purpose of port and maritime (a)(3) (Kalihi Channel and Keehi La- security. goon, Oahu), (a)(4)(i) (Honolulu Inter- (h) Penalties. Vessels or persons vio- national Airport, North Section), lating this section are subject to the (a)(4)(ii) (Honolulu International Air- penalties set forth in 33 U.S.C. 1232 and port, South Section), (a)(6) (Barbers 50 U.S.C. 192. Point Harbor, Oahu), and (a)(7) (Kahe [CGD14–04–116, 70 FR 75040, Dec. 19, 2005, as Point, Oahu) of this section, will be en- amended by CGD 14–07–001, 72 FR 44777, Aug. forced only upon the occurrence of one 9, 2007; 72 FR 57863, Oct. 11, 2007; USCG–2009– of the following events— 0416, 74 FR 27442, June 10, 2009] (i) Whenever the Maritime Security (MARSEC) level, as defined in 33 CFR § 165.1408 Security Zones; Maui, HI. part 101, is raised to 2 or higher; or (a) Location. The following areas, (ii) Whenever the Captain of the from the surface of the water to the Port, after considering all available ocean floor, are security zones that are facts, determines that there is a activated and enforced subject to the heightened risk of a transportation se- provisions in paragraph (c): curity incident or other serious mari- (1) Kahului Harbor, Maui. All waters time incident, including but not lim- extending 100 yards in all directions ited to any incident that may cause a from each large passenger vessel in significant loss of life, environmental Kahului Harbor, Maui, HI or within 3 damage, transportation system disrup- nautical miles seaward of the Kahului tion, or economic disruption in a par- Harbor COLREGS DEMARCATION ticular area. (See 33 CFR 80.1460). This is a moving (2) A notice will be published in the security zone when the LPV is in tran- FEDERAL REGISTER reporting when sit and becomes a fixed zone when the events in paragraph (d)(1)(i) or (d)(1)(ii) LPV is anchored, position-keeping, or have occurred. moored. (3) The Captain of the Port of Hono- (2) Lahaina, Maui. All waters extend- lulu will cause notice of the enforce- ing 100 yards in all directions from ment of the security zones listed in each large passenger vessel in Lahaina, paragraph (d)(1) of this section and no- Maui, whenever the LPV is within 3 tice of suspension of enforcement to be nautical miles of Lahaina Light (LLNR made by appropriate means to affect 28460). The security zone around each the widest publicity, including the use LPV is activated and enforced whether of broadcast notice to mariners and the LPV is underway, moored, posi- publication in the local notice to mari- tion-keeping, or anchored, and will ners. continue in effect until such time as (e) Informational notices. The Captain the LPV departs Lahaina and the 3- of the Port will cause notice of the mile enforcement area. presence of the security zones estab- (b) Definitions. As used in this sec- lished in paragraph (a)(2) of this section, large passenger vessel or LPV tion, Honolulu Harbor Anchorages B, means a cruise ship more than 300 feet C, and D, to be made by appropriate in length that carries passengers for

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hire, and any passenger ferry more quirements of this section for any ves- than 300 feet in length that carries pas- sel or class of vessels upon his or her sengers for hire. determination that application of this (c) Regulations. (1) Under 33 CFR section is unnecessary or impractical 165.33, entry into the security zones for the purpose of port and maritime created by this section is prohibited security. unless authorized by the Coast Guard (f) Penalties. Vessels or persons vio- Captain of the Port, Honolulu or his or lating this section are subject to the her designated representatives. When penalties set forth in 33 U.S.C. 1232 and authorized passage through a large pas- 50 U.S.C. 192. senger vessel security zone, all vessels [CGD14–04–116, 70 FR 75040, Dec. 19, 2005, as must operate at the minimum speed amended by CGD 14–07–001, 72 FR 44777, Aug. necessary to maintain a safe course 9, 2007] and must proceed as directed by the Captain of the Port or his or her des- § 165.1409 Security Zones; Hawaii, HI. ignated representatives. No person is (a) Location. The following areas, allowed within 100 yards of an LPV from the surface of the water to the that is underway, moored, position- ocean floor, are security zones that are keeping, or at anchor, unless author- activated and enforced subject to the ized by the Captain of the Port or his provisions in paragraph (c): or her designated representative. (1) Hilo Harbor, Hawaii. All waters ex- (2) When conditions permit, the Cap- tending 100 yards in all directions from tain of the Port, or his or her des- each large passenger vessel in Hilo Har- ignated representative, may permit bor, Hawaii, HI or within 3 nautical vessels that are at anchor, restricted in miles seaward of the Hilo Harbor their ability to maneuver, or con- COLREGS DEMARCATION (See 33 strained by draft to remain within an CFR 80.1480). This is a moving security LPV security zone in order to ensure zone when the LPV is in transit and be- navigational safety. comes a fixed zone when the LPV is an- (3) Persons desiring to transit the chored, position-keeping, or moored. areas of the security zones in this sec- (2) Kailua-Kona, Hawaii. All waters tion may contact the Captain of the extending 100 yards in all directions Port at Command Center telephone from each large passenger vessel in number (808) 842–2600 or on VHF chan- Kailua-Kona, Hawaii, whenever the nel 16 (156.8 Mhz) to seek permission to LPV is within 3 nautical miles of transit the area. Written requests may Kukailimoku Point. The 100-yard secu- be submitted to the Captain of Port, rity zone around each LPV is activated U.S. Coast Guard Sector Honolulu, and enforced whether the LPV is un- Sand Island Access Road, Honolulu, derway, moored, position-keeping, or Hawaii 96819, or faxed to (808) 842–2622. anchored and will continue in effect If permission is granted, all persons until such time as the LPV departs and vessels must comply with the in- Kailua-Kona and the 3-mile enforce- structions of the Captain of the Port or ment area. his or her designated representatives. (3) Kawaihae Harbor, Hawaii. All wa- For all seaplane traffic entering or ters extending 100 yards in all direc- transiting the security zones, compli- tions from each large passenger vessel ance with all Federal Aviation Admin- in Kawaihae Harbor, Hawaii, or within istration regulations (14 CFR parts 91 3 nautical miles seaward of the and 99) regarding flight-plan approval Kawaihae Harbor COLREGS DEMAR- is deemed adequate permission to tran- CATION (See 33 CFR 80.1470). The 100- sit the waterway security zones de- yard security zone around each LPV is scribed in this section. activated and enforced whether the (d) Enforcement. Any Coast Guard LPV is underway, moored, position- commissioned, warrant, or petty offi- keeping, or anchored. cer, and any other Captain of the Port (b) Definitions. As used in this sec- representative permitted by law, may tion, large passenger vessel or LPV enforce the rules in this section. means a cruise ship more than 300 feet (e) Waiver. The Captain of the Port, in length that carries passengers for Honolulu may waive any of the re- hire, and any passenger ferry more

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

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his or her designated representative. § 165.1411 Security zone; waters sur- No person is allowed within 100 yards rounding U.S. Forces vessel SBX–1, of a large passenger vessel that is un- HI. derway, moored, position-keeping, or (a) Location. The following area, in at anchor, unless authorized by the U.S. navigable waters within the Hono- Captain of the Port or his or her des- lulu Captain of the Port Zone (see 33 ignated representative. CFR 3.70–10), from the surface of the (2) When conditions permit, the Cap- water to the ocean floor, is a security tain of the Port, or his or her des- zone: All waters extending 500 yards in ignated representative, may permit all directions from U.S. Forces vessel vessels that are at anchor, restricted in SBX–1. The security zone moves with their ability to maneuver, or con- the SBX–1 while it is in transit and be- strained by draft to remain within an comes fixed when the SBX–1 is an- LPV security zone in order to ensure chored, position-keeping, or moored. navigational safety. (b) Regulations. The general regula- (3) Persons desiring to transit the tions governing security zones con- areas of the security zones may contained in 33 CFR 165.33 apply. Entry tact the Captain of the Port at Com- into, transit through, or anchoring mand Center telephone number (808) within this zone while it is activated, 842–2600 or on VHF channel 16 (156.8 and thus subject to enforcement, is Mhz) to seek permission to transit the prohibited unless authorized by the area. Written requests may be sub- Captain of the Port or a designated representative thereof. mitted to the Captain of Port, U.S. (c) Suspension of enforcement. The Coast Guard Sector Honolulu, Sand Is- Coast Guard will suspend enforcement land Access Road, Honolulu, Hawaii of the security zone described in this 96819, or faxed to (808) 842–2622. If per- section whenever the SBX–1 is within mission is granted, all persons and ves- the Honolulu Defensive Sea Area (see 6 sels must comply with the instructions FR 6675). of the Captain of the Port or his or her (d) Informational notice. The Captain designated representatives. For all sea- of the Port of Honolulu will cause no- plane traffic entering or transiting the tice of the enforcement of the security security zones, compliance with all zone described in this section to be Federal Aviation Administration regu- made by broadcast notice to mariners. lations (14 CFR parts 91 and 99) regard- The SBX–1 is easy to recognize because ing flight-plan approval is deemed ade- it contains a large white object shaped quate permission to transit the water- like an egg supported by a platform way security zones described in this that is larger than a football field. The section. platform in turn is supported by six (d) Enforcement. Any Coast Guard pillars similar to those on large oil- commissioned, warrant, or petty offi- drilling platforms. cer, and any other Captain of the Port (e) Authority to enforce. Any Coast representative permitted by law, may Guard commissioned, warrant, or petty enforce the rules in this section. officer, and any other Captain of the (e) Waiver. The Captain of the Port, Port representative permitted by law, Honolulu may waive any of the re- may enforce the security zone de- quirements of this section for any ves- scribed in this section. sel or class of vessels upon his or her (f) Waiver. The Captain of the Port determination that application of this may waive any of the requirements of section is unnecessary or impractical this rule for any person, vessel, or class for the purpose of port and maritime of vessel upon finding that application security. of the security zone is unnecessary or (f) Penalties. Vessels or persons vio- impractical for the purpose of mari- lating this section are subject to the time security. penalties set forth in 33 U.S.C. 1232 and (g) Penalties. Vessels or persons vio- 50 U.S.C. 192. lating this rule are subject to the penalties set forth in 33 U.S.C. 1232 and 50 [CGD14–04–116, 70 FR 75041, Dec. 19, 2005, as U.S.C. 192. amended by CGD14–07–001, 72 FR 44778, Aug. 9, 2007] [USCG–2007–0195, 73 FR 13131, Mar. 12, 2008]

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§ 165.1412 Security Zone; escorted U.S. § 165.1702 Gastineau Channel, Juneau, Navy submarines in Sector Hono- Alaska—safety zone. lulu Captain of the Port Zone. (a) The waters within the following (a) Location. The following area is a boundaries are a safety zone: A line be- security zone: all waters, from the sur- ginning at the Standard Oil Company face to the ocean floor, within 1,000 Pier West Light (LLNR 3217), located yards of any U.S. Navy submarine that at position 58°17.9′ N, 134°24.8′ W, in the is direction of 140° True to Rock Dump (1) Operating in the Sector Honolulu Lighted Buoy 2A (LLNR 3213) at posi- Captain of the Port Zone, as defined in tion 58°17.2′ N, 134°23.8′ W; thence in the 33 CFR 3.70–10, and that direction of 003° True to a point at po- (2) Is being escorted by the U.S. sition 58°17.4′ N, 134°23.7′ W, on the Coast Guard. north shore of Gastineau Channel; (b) Regulations. In accordance with thence northwesterly along the north the general regulations in 33 CFR 165, shore of Gastineau Channel to the Subpart D, no person or vessel may enter or remain in the security zone point of origin. created by paragraph (a) of this section (b) Special Regulations: unless authorized by the Coast Guard (1) All vessels may transit or navi- patrol commander. The Coast Guard gate within the safety zone. patrol commander may be contacted (2) No vessels, other than a large pas- via VHF Channel 16 or other means senger vessel (including cruise ships reasonably available. 33 CFR part 165.30 and ferries) may anchor within the and 165.33 contain additional provisions Safety zone without the express con- applicable to the security zone created sent from the Captain of the Port, in paragraph (a) of this section. Southeast Alaska. (c) Effective period. This rule is effective from 6:00 a.m. on June 12, 2010 Ha- [CGD 79–034, 47 FR 29660, July 8, 1982, as amended by CGD 79–026, 48 FR 35408, Aug. 4, waiian Standard Time (HST). 1983] (d) Notification. The Coast Guard security escort will attempt, when nec- § 165.1703 Ammunition Island, Port essary and practicable, to notify any Valdez, Alaska. persons or vessels inside or in the vi- (a) Location. The waters within the cinity of the security one created in paragraph (a) of this section of the following boundaries is a safety zone— zone’s existence via VHF Channel 16 or the area within a radius of 1330 yards of other means reasonably available. Ammunition Island, centered on lati- ° ′ ″ ° ′ ″ (e) Penalties. Vessels or persons vio- tude 61 07 28 N, longitude 146 18 29 W, lating this rule are subject to the pen- (NAD 83) and the vessel moored or an- alties set forth in 33 U.S.C. 1232 and 50 chored at Ammunition Island. U.S.C. 192. (b) The area 200 yards off the vessel navigating the Vessel Traffic system [USCG–2010–0409, 75 FR 33704, June 15, 2010] from abeam of Naked Island, maneuvering to approach, moor, unmoor at SEVENTEENTH COAST GUARD DISTRICT Ammunition Island, or the departure of § 165.1701 Port Valdez, Valdez, Alas- the vessel from Ammunition Island. ka—safety zone. (c) Special regulation. (1) Section The waters within the following 165.23 does not apply to paragraph (a) boundaries are a safety zone—The area of this section, except when the vessel within 200 yards of any waterfront fa- is moored to Ammunition Island. cility at the Trans-Alaska Pipeline (d) Effective August 25, 1987 Notice of Valdez Terminal complex or vessels vessels arrival will be made in the No- moored or anchored at the Trans-Alas- tice to Mariners, Local Notice to Mari- ka Pipeline Valdez Terminal complex ners and in the Local Valdez news- and the area within 200 yards of any paper, prior to the vessel arrival. tank vessel maneuvering to approach, [52 FR 30671, Aug. 17, 1987, as amended by moor, unmoor, or depart the Trans- USCG–1998–3799, 63 FR 35533, June 30, 1998; Alaska Pipeline Valdez Terminal com- COTP Prince William Sound 02–010, 67 FR plex. 45313, July 9, 2002]

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§ 165.1704 Prince William Sound, Alas- points required by § 161.20(b), unless ka-regulated navigation area. otherwise directed by the VTC. (a) The following is a regulated navi- (iii) Whenever a vessel’s AISSE be- gation area: The navigable waters of comes non-operational, as defined in the United States north of a line drawn § 164.43(c) of this chapter, before enter- from Cape Hinchinbrook Light to ing or while underway in the VTS area, Schooner Rock Light, comprising that a vessel must: portion of Prince William Sound be- (A) Notify the VTC; tween 146°30′ W. and 147°20′ W. and in- (B) Make the required voice radio po- cludes Valdez Arm, Valdez Narrows, sition reports as set forth in § 161.60 and and Port Valdez. required by § 161.20(b) of this chapter; (b) Within the regulated navigation (C) Make other voice radio reports as area described in paragraph (a) of this required by the VTS; and section, § 161.60 of this chapter estab- (D) Restore the AISSE to operating lishes a VTS Special Area for the wa- condition as soon as possible. ters of Valdez Arm, Valdez Narrows, (iv) Whenever a vessel’s AISSE be- and Port Valdez northeast of a line comes non-operational due to a loss of bearing 307° True from Tongue Point at position correction information (i.e., 61°02′06″ N., 146°40′ W.; and southwest of the U.S. Coast Guard dGPS system a line bearing 307° True from Entrance cannot provide the required error cor- Island Light at 61°05′06″ N., 146°36′42″ W. rection messages) a vessel must: (A) Make the required voice radio po- (c) Regulations. In addition to the re- sition reports as set forth in § 161.60 and quirements set forth in § 161.13 and required by § 161.20(b) of this chapter; § 161.60(c) of this chapter, a tank vessel and of 20,000 deadweight tons or more that intends to navigate within the regu- (B) Make other voice radio reports as lated navigation area must: required by the VTS. (v) Whenever a vessel’s AISSE be- (1) Report compliance with part 164 comes non-operational before getting of this chapter, to the Vessel Traffic underway in the VTS area, permission Center (VTC); to get underway must be obtained from (2) Have at least two radiotelephones the VTC. capable of operating on the designated VTS frequency, one of which is capable NOTE: Regulations pertaining to Auto- of battery operation; matic Identification System Shipborne (3) When steady wind conditions in Equipment (AISSE) required capabilities are set forth in Part 164 of this chapter. the VTS Special Area or Port Valdez exceed, or are anticipated to exceed 40 [CGD 90–020, 59 FR 36335, July 15, 1994, as knots, proceed as directed by the VTC amended by CGD 95–033, 60 FR 28333, May 31, (entry into the VTS Special Area and 1995; CGD 97–023, 62 FR 33365, June 19, 1997; USCG–1998–3799, 63 FR 35533, June 30, 1998; Port Valdez is prohibited); USCG–2003–14757, 68 FR 39368, July 1, 2003; 68 (4) When transiting the VTS Special FR 60570, Oct. 22, 2003] Area, limit speed to 12 knots; (5) If laden and intending to navigate § 165.1706 Gastineau Channel, Juneau, the VTS Special Area, limit speed to 12 Alaska—Safety Zone. knots except between Middle Rock and (a) Location. The following area is a Potato Point where the speed limit safety zone: the waters in Juneau Har- shall be 6 knots; and bor within a 300 yard radius of the ves- (6) Until December 31, 2004, have an sel or waterfront facility located at operating Automatic Identification 58°17′41″ N, 134°24′22″ W used to conduct System Shipborne Equipment (AISSE) fireworks displays. system installed. (b) Effective date. The safety zone be- (i) The designated digital selective comes effective on July 3 each year at calling frequency (DSC) in Prince Wil- 10 p.m. ADT. It terminates at the con- liam Sound is 156.525MHz (VHF Chan- clusion of the fireworks display at ap- nel 70). proximately 2:30 a.m. ADT on July 5 (ii) AISSE equipped vessels will not each year, unless sooner terminated by be required to make voice radio posi- the Captain of the Port. If the fire- tion reports at designated reporting works display is postponed because of

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inclement weather, the date and dura- (2) All navigable waters within a 1000- tion of the safety zone will be an- yard radius of the Liquefied Natural nounced in the Local Notices to Mari- Gas tankers while they are moored at ners. Phillips Petroleum LNG Pier, 60°40′43″ (c) Regulation. In accordance with the N and 151°24′10″ W. general regulations in § 165.23 of this (b) Special Regulations. (1) For the part, entry into this zone is prohibited purpose of this section, the general reg- unless authorized by the Captain of the ulations contained in 33 CFR 165.33 Port, Southeast Alaska. apply to all but the following vessels in [59 FR 31934, June 21, 1994, as amended by the areas described in paragraph (a): COTP Southeast Alaska 00–018, 65 FR 81363, (i) Vessels scheduled to moor and off- Dec. 26, 2000] load or load cargo at other Nikiski marine terminals that have provided the § 165.1708 Tongass Narrows, Ketch- Coast Guard with an Advance Notice of ikan, Alaska—Safety Zone. Arrival. (a) Location. The following area is a (ii) Commercial fishing vessels, in- safety zone: the waters in Tongass Nar- cluding drift net and set net vessels, rows within a 300 yard radius of the fishing from the waters within the barge located at 55°20′32″ N, 131°39′40″ W zone, if used to conduct fireworks displays. (A) The owner of the vessel has pre- (b) Effective date. The safety zone be- viously requested approval from the comes effective on July 3 each year at Captain of the Port representative, Ma- 10 p.m. ADT. It terminates at the con- rine Safety Detachment Kenai, Alaska, clusion of the fireworks display at ap- to fish in the security zone and proximately 2:30 a.m. ADT on July 5 (B) Has provided the Captain of the each year, unless sooner terminated by Port representative, Marine Safety De- the Captain of the Port. If the fire- tachment Kenai, Alaska current infor- works display is postponed because of mation about the vessel, including: inclement weather, the date and dura- (1) The name and/or the official num- tion of the safety zone will be an- ber, if documented, or state number, if nounced in the Local Notices to Mari- numbered by a state issuing authority; ners. (2) A brief description of the vessel, (c) Regulation. In accordance with the including length, color, and type of general regulations in § 165.23 of this vessel; part, entry into this zone is prohibited (3) The name, Social Security num- unless authorized by the Captain of the ber, current address, and telephone Port, Southeast Alaska. number of the vessel’s master, operator [59 FR 31933, June 21, 1994, as amended at 65 or person in charge; and FR 81362, Dec. 26, 2000] (4) Upon request, information on the vessel’s crew. § 165.1709 Security Zones: Liquefied (C) A vessel owner or operator is re- Natural Gas Tanker Transits and quired to submit the information one Operations at Phillips Petroleum time, but shall provide the Captain of LNG Pier, Cook Inlet, AK. the Port representative updated infor- (a) Location. The following areas are mation when any part of it changes. established as security zones during (D) The Captain of the Port must ap- the specified conditions: prove a vessel’s request prior to being (1) All navigable waters within a 1000- allowed into the security zone at the yard radius of the Liquefied Natural Phillips Petroleum LNG Pier. Gas (LNG) tankers during their in- (E) The vessel is operated in compli- bound and outbound transits through ance with any specific orders issued to Cook Inlet, Alaska between the Phil- the vessel by the Captain of the Port or lips Petroleum LNG Pier, 60°40′43″ N other regulations controlling the oper- and 151°24′10″ W, and the Homer Pilot ation of vessels within the security Station at 59°34′86″ N and 151°25′74″ W. zone that may be in effect. On the inbound transit, this security (2) All persons and vessels shall com- zone remains in effect until the tanker ply with the instructions of the Cap- is alongside the Phillips Petroleum tain of the Port representative or the LNG Pier, 60°40′43″ N and 151°24′10″ W. designated on-scene patrol personnel.

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These personnel are comprised of com- curity zones described in paragraph (a) missioned, warrant, and petty officers of this section. of the Coast Guard. Upon being hailed (2) Tank vessels transiting directly by a U. S. Coast Guard vessel by siren, to the TAPS terminal complex, en- radio, flashing light, or other means, gaged in the movement of oil from the the operator of a vessel shall proceed terminal or fuel to the terminal, and as directed. vessels used to provide assistance or (3) The Marine Safety Detachment support to the tank vessels directly Kenai, Alaska will notify the maritime transiting to the terminal, or to the community of these security zones by terminal itself, and that have reported publishing a Local Notice to Mariners their movements to the Vessel Traffic and via a bimonthly marine Broadcast Service, as required under 33 CFR part Notice to Mariners. 161 and § 165.1704, may operate as nec- [COTP 02–001, 67 FR 44059, July 1, 2002] essary to ensure safe passage of tank vessels to and from the terminal. § 165.1710 Port Valdez and Valdez Nar- (3) All persons and vessels must com- rows, Valdez, Alaska—security ply with the instructions of the Coast zones. Guard Captain of the Port and the des- (a) Location. The following areas are ignated on-scene patrol personnel. security zones: These personnel comprise commis- (1) Trans-Alaska Pipeline (TAPS) sioned, warrant, and petty officers of Valdez Terminal complex (Terminal), the Coast Guard. Upon being hailed by Valdez, Alaska and TAPS tank vessels. a vessel displaying a U.S. Coast Guard All waters enclosed within a line begin- ensign by siren, radio, flashing light, or ning on the southern shoreline of Port other means, the operator of the vessel Valdez at 61°05′03.6″ N, 146°25′42″ W; must proceed as directed. Coast Guard thence northerly to yellow buoy at Auxiliary and local or state agencies 61°06′00″ N, 146°25′42″ W; thence east to may be present to inform vessel opera- the yellow buoy at 61°06′00″ N, 146°21′30″ tors of the requirements of this section W; thence south to 61°05′06″ N, 146°21′30″ and other applicable laws. W; thence west along the shoreline and including the area 2000 yards inland [COTP Prince William Sound 02–011, 71 FR along the shoreline to the beginning 2154, Jan. 13, 2006] point. (2) Tank vessel moving security zone. § 165.1711 Security Zones; Waters of the Seventeenth Coast Guard Dis- All waters within 200 yards of any trict TAPS tank vessel maneuvering to approach, moor, unmoor or depart the (a) Definitions. As used in this sec- TAPS Terminal or transiting, maneu- tion— vering, laying to or anchored within Alaska Marine Highway System vessel the boundaries of the Captain of the (‘‘AMHS vessel’’) means any vessel Port, Prince William Sound Zone de- owned or operated by the Alaska Ma- scribed in 33 CFR 3.85–20 (b). rine Highway System, including, but (3) Valdez Narrows, Port Valdez, not limited to: M/V AURORA, M/V Valdez, Alaska. All waters 200 yards ei- CHENEGA, M/V COLUMBIA, M/V ther side of the Valdez Narrows Tanker FAIRWEATHER, M/V KENNICOTT, M/ Optimum Track line bounded by a line V LECONTE, M/V LITUYA, M/V beginning at 61°05′15″ N, 146°37′18″ W; MALASPINA, M/V MATANUSKA, M/V thence south west to 61°04′00″ N, TAKU, and the M/V TUSTUMENA. 146°39′52″ W; thence southerly to Designated on Scene Representative 61°02′32.5″ N, 146°41′25″ W; thence north means any U.S. Coast Guard commis- west to 61°02′40.5″ N, 146°41′47″ W; thence sioned, warrant or petty officer who north east to 61°04′07.5″ N, 146°40′15″ W; has been authorized by the District thence north east to 61°05′22″ N, Commander or local Captain of the 146°37′38″ W; thence south east back to Port (COTP), as defined in 33 CFR part the starting point at 61°05′15″ N, 3, subpart 3.85, to act on his or her be- 146°37′18″ W. half, or other Federal, State or local (b) Regulations. (1) The general regu- law enforcement Officers designated by lations in 33 CFR 165.33 apply to the se- the COTP.

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Escorted HCPV or AMHS vessel means (5) If permission is granted to transit a HCPV or AMHS vessel that is accom- within 100 yards of an escorted HCPV panied by one or more Coast Guard as- or AMHS vessel, all persons and vessels sets or Federal, State or local law en- must comply with the instructions of forcement agency assets as listed the designated on scene representative. below: (6) All commercial fishing vessels as (1) Coast Guard surface or air asset defined by 46 U.S.C. 2101(11a) while ac- displaying the Coast Guard insignia. tively engaged in fishing are exempted (2) State, Federal or local law en- from the provisions of this section. forcement assets displaying the appli- [CGD17–05–002, 71 FR 19123, Apr. 13, 2006] cable agency markings and or equipment associated with the agency. Federal Law Enforcement Officer Subpart G—Protection of Naval means any Federal government law en- Vessels forcement officer who has authority to enforce federal criminal laws. AUTHORITY: 14 U.S.C. 91 and 633; 49 CFR High Capacity Passenger Vessel 1.45. (‘‘HCPV’’) means a passenger vessel SOURCE: LANT AREA–02–001, 67 FR 31960, greater than 100 feet in length that is May 13, 2002, unless otherwise noted. authorized to carry more than 500 passengers for hire. § 165.2010 Purpose. State law enforcement Officer means This subpart establishes the geo- any State or local government law en- graphic parameters of naval vessel pro- forcement officer who has authority to tection zones surrounding U.S. naval enforce State or local criminal laws. vessels in the navigable waters of the (b) Location. The following areas are United States. This subpart also estab- security zones: all waters within 100 lishes when the U.S. Navy will take en- yards around escorted High Capacity forcement action in accordance with Passenger Vessels or escorted Alaska the statutory guidelines of 14 U.S.C. 91. Marine Highway System vessels in the Nothing in the rules and regulations navigable waters of the Seventeenth contained in this subpart shall relieve Coast Guard District as defined in 33 any vessel, including U.S. naval ves- CFR 3.85–1, from surface to bottom. sels, from the observance of the Navi- (c) Regulations. (1) No vessel may ap- gation Rules. The rules and regulations proach within 100 yards of an escorted contained in this subpart supplement, HCPV or escorted AMHS vessel during but do not replace or supercede, any their transits within the navigable wa- other regulation pertaining to the safe- ters of the Seventeenth Coast Guard ty or security of U.S. naval vessels. District. (2) Moored or anchored vessels that § 165.2015 Definitions. are overtaken by this moving zone The following definitions apply to must remain stationary at their loca- this subpart: tion until the escorted vessel maneu- Atlantic Area means that area de- vers at least 100 yards away. scribed in 33 CFR 3.04–1 Atlantic Area. (3) The local Captain of the Port may Large U.S. naval vessel means any notify the maritime and general public U.S. naval vessel greater than 100 feet by marine information broadcast of the in length overall. periods during which individual secu- Naval defensive sea area means those rity zones have been activated by pro- areas described in 32 CFR part 761. viding notice in accordance with 33 Naval vessel protection zone is a 500- CFR 165.7. yard regulated area of water sur- (4) Persons desiring to transit within rounding large U.S. naval vessels that 100 yards of a moving, escorted HCPV is necessary to provide for the safety or or AMHS vessel in the Seventeenth security of these U.S. naval vessels. Coast Guard District must contact the Navigable waters of the United States designated on scene representative on means those waters defined as such in VHF channel 16 (156.800 MHz) or VHF 33 CFR part 2. channel 13 (156.650 MHz) to receive per- Navigation rules means the Naviga- mission. tion Rules, International-Inland.

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Official patrol means those personnel § 165.2025 Atlantic Area. designated and supervised by a senior (a) This section applies to any vessel naval officer present in command and or person in the navigable waters of tasked to monitor a naval vessel pro- the United States within the bound- tection zone, permit entry into the zone, give legally enforceable orders to aries of the U.S. Coast Guard Atlantic persons or vessels within the zone, and Area, which includes the First, Fifth, take other actions authorized by the Seventh, Eighth and Ninth U.S. Coast U.S. Navy. Guard Districts. Pacific Area means that area de- NOTE TO § 165.2025 PARAGRAPH (a): The scribed in 33 CFR 3.04–3 Pacific Area. boundaries of the U.S. Coast Guard Atlantic Restricted area means those areas es- Area and the First, Fifth, Seventh, Eighth tablished by the Army Corps of Engi- and Ninth U.S. Coast Guard Districts are set neers and set out in 33 CFR part 334. out in 33 CFR part 3. Senior naval officer present in command (b) A naval vessel protection zone ex- is, unless otherwise designated by com- ists around U.S. naval vessels greater petent authority, the senior line officer than 100 feet in length overall at all of the U.S. Navy on active duty, eligi- times in the navigable waters of the ble for command at sea, who is present United States, whether the large U.S. and in command of any part of the De- naval vessel is underway, anchored, partment of Navy in the area. moored, or within a floating drydock, U.S. naval vessel means any vessel except when the large naval vessel is owned, operated, chartered, or leased moored or anchored within a restricted by the U.S. Navy; any pre-commis- area or within a naval defensive sea sioned vessel under construction for area. the U.S. Navy, once launched into the (c) The Navigation Rules shall apply water; and any vessel under the oper- at all times within a naval vessel pro- ational control of the U.S. Navy or a Combatant Command. tection zone. Vessel means every description of (d) When within a naval vessel pro- watercraft or other artificial contriv- tection zone, all vessels shall operate ance used, or capable of being used, as at the minimum speed necessary to a means of transportation on water, ex- maintain a safe course, unless required cept U.S. Coast Guard or U.S. naval to maintain speed by the Navigation vessels. Rules, and shall proceed as directed by the Coast Guard, the senior naval offi- § 165.2020 Enforcement authority. cer present in command, or the official (a) Coast Guard. Any Coast Guard patrol. When within a naval vessel pro- commissioned, warrant or petty officer tection zone, no vessel or person is al- may enforce the rules and regulations lowed within 100 yards of a large U.S. contained in this subpart. naval vessel unless authorized by the (b) Senior naval officer present in com- Coast Guard, the senior naval officer mand. In the navigable waters of the present in command, or official patrol. United States, when immediate action (e) To request authorization to oper- is required and representatives of the ate within 100 yards of a large U.S. Coast Guard are not present or not naval vessel, contact the Coast Guard, present in sufficient force to exercise the senior naval officer present in com- effective control in the vicinity of mand, or the official patrol on VHF-FM large U.S. naval vessels, the senior channel 16. naval officer present in command is re- (f) When conditions permit, the Coast sponsible for the enforcement of the Guard, senior naval officer present in rules and regulations contained in this command, or the official patrol should: subpart to ensure the safety and secu- (1) Give advance notice on VHF-FM rity of all large naval vessels present. channel 16 of all large U.S. naval vessel In meeting this responsibility, the sen- movements; and ior naval officer present in command (2) Permit vessels constrained by may directly assist any Coast Guard their navigational draft or restricted in enforcement personnel who are their ability to maneuver to pass with- present. in 100 yards of a large U.S. naval vessel

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in order to ensure a safe passage in ac- naval vessel unless authorized by the cordance with the Navigation Rules; Coast Guard, the senior naval officer and present in command, or official patrol. (3) Permit commercial vessels an- (e) To request authorization to oper- chored in a designated anchorage area ate within 100 yards of a large U.S. to remain at anchor when within 100 naval vessel, contact the Coast Guard, yards of passing large U.S. naval ves- the senior naval officer present in com- sels; and mand, or the official patrol on VHF-FM (4) Permit vessels that must transit channel 16. via a navigable channel or waterway to (f) When conditions permit, the Coast pass within 100 yards of a moored or Guard, senior naval officer present in anchored large U.S. naval vessel with command, or the official patrol should: minimal delay consistent with secu- (1) Give advance notice on VHF-FM rity. channel 16 of all large U.S. naval vessel NOTE TO § 165.2025 PARAGRAPH (f): The listed movements; actions are discretionary and do not create (2) Permit vessels constrained by any additional right to appeal or otherwise their navigational draft or restricted in dispute a decision of the Coast Guard, the their ability to maneuver to pass with- senior naval officer present in command, or in 100 yards of a large U.S. naval vessel the official patrol. in order to ensure a safe passage in ac- § 165.2030 Pacific Area. cordance with the Navigation Rules; and (a) This section applies to any vessel (3) Permit commercial vessels an- or person in the navigable waters of chored in a designated anchorage area the United States within the bound- to remain at anchor when within 100 aries of the U.S. Coast Guard Pacific yards of passing large U.S. naval ves- Area, which includes the Eleventh, sels; and Thirteenth, Fourteenth, and Seven- (4) Permit vessels that must transit teenth U.S. Coast Guard Districts. via a navigable channel or waterway to NOTE TO PARAGRAPH (a): The boundaries of pass within 100 yards of a moored or the U.S. Coast Guard Pacific Area and the anchored large U.S. naval vessel with Eleventh, Thirteenth, Fourteenth, and Sev- minimal delay consistent with secu- enteenth U.S. Coast Guard Districts are set rity. out in 33 CFR part 3. (b) A naval vessel protection zone ex- NOTE TO PARAGRAPH (f): The listed actions are discretionary and do not create any addi- ists around U.S. naval vessels greater tional right to appeal or otherwise dispute a than 100 feet in length overall at all decision of the Coast Guard, the senior naval times in the navigable waters of the officer present in command, or the official United States, whether the large U.S. patrol. naval vessel is underway, anchored, [PAC AREA–02–001, 67 FR 38394, June 4, 2002] moored, or within a floating dry dock, except when the large naval vessel is moored or anchored within a restricted PART 166—SHIPPING SAFETY area or within a naval defensive sea FAIRWAYS area. (c) The Navigation Rules shall apply Subpart A—General at all times within a naval vessel pro- Sec. tection zone. 166.100 Purpose. (d) When within a naval vessel pro- 166.103 Geographic coordinates. tection zone, all vessels shall operate 166.105 Definitions. at the minimum speed necessary to 166.110 Modification of areas. maintain a safe course, unless required to maintain speed by the Navigation Subpart B—Designations of Fairways and Rules, and shall proceed as directed by Fairway Anchorages the Coast Guard, the senior naval offi- 166.200 Shipping safety fairways and an- cer present in command, or the official chorage areas, Gulf of Mexico. patrol. When within a naval vessel pro- 166.300 Areas along the coast of California. tection zone, no vessel or person is al- 166.400 Areas along the coast of Alaska. lowed within 100 yards of a large U.S. 166.500 Areas along the Atlantic Coast.

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AUTHORITY: 33 U.S.C. 1223; 49 CFR 1.46. Subpart B—Designations of Fairways and Fairway Anchorages Subpart A—General § 166.200 Shipping safety fairways and § 166.100 Purpose. anchorage areas, Gulf of Mexico. The purpose of these regulations is to (a) Purpose. Fairways and anchorage establish and designate shipping safety areas as described in this section are fairways and fairway anchorages to established to control the erection of provide unobstructed approaches for structures therein to provide safe ap- vessels using U.S. ports. proaches through oil fields in the Gulf of Mexico to entrances to the major [CGD 81–80a, 48 FR 30110, June 30, 1983] ports along the Gulf Coast. (b) Special Conditions for Fairways in § 166.103 Geographic coordinates. the Gulf of Mexico. Temporary anchors Geographic coordinates expressed in and attendant cables or chains at- terms of latitude or longitude, or both, tached to floating or semisubmersible are not intended for plotting on maps drilling rigs outside a fairway may be placed within a fairway described in or charts whose referenced horizontal this section for the Gulf of Mexico, pro- datum is the North American Datum of vided the following conditions are met: 1983 (NAD 83), unless such geographic (1) Anchors installed within fairways coordinates are expressly labeled NAD to stablize semisubmersible drilling 83. Geographic coordinates without the rigs shall be allowed to remain 120 NAD 83 reference may be plotted on days. This period may be extended by maps or charts referenced to NAD 83 the Army Corps of Engineers, as pro- only after application of the appro- vided by § 209.135(b). priate corrections that are published (2) Drilling rigs must be outside of on the particular map or chart being any fairway boundary to whatever dis- used. tance is necessary to ensure that the minimum depth of water over an an- [CGD 86–082, 52 FR 33811, Sept. 8, 1987] chor line within a fairway is 125 feet. § 166.105 Definitions. (3) No anchor buoys or floats or related rigging will be allowed on the (a) Shipping safety fairway or fairway surface of the water or to a depth of at means a lane or corridor in which no least 125 feet from the surface, within a artificial island or fixed structure, fairway. whether temporary or permanent, will (4) Aids to Navigation or danger be permitted. Temporary underwater markings must be installed as required obstacles may be permitted under cer- by 33 CFR Subchapter C. tain conditions described for specific (c) Special Conditions for Fairway An- areas in Subpart B. Aids to navigation chorages in the Gulf of Mexico. Struc- approved by the U.S. Coast Guard may tures may be placed within an area des- be established in a fairway. ignated as a fairway anchorage, but the (b) Fairway anchorage means an an- number of structures will be limited by chorage area contiguous to and associ- spacing as follows: ated with a fairway, in which fixed (1) The center of a structure to be erected shall not be less than two (2) structures may be permitted within nautical miles from the center of any certain spacing limitations, as de- existing structure. scribed for specific areas in Subpart B. (2) In a drilling or production com- [CGD 81–80a, 48 FR 30110, June 30, 1983] plex, associated structures connected by walkways shall be considered one § 166.110 Modification of areas. structure for purposes of spacing, and Fairways and fairway anchorages are shall be as close together as prac- subject to modification in accordance ticable having due consideration for the safety factors involved. with 33 U.S.C. 1223(c); 92 Stat. 1473. (3) A vessel fixed in place by moor- [CGD 81–80a, 48 FR 30110, June 30, 1983] ings and used in conjunction with the associated structures of a drilling or

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production complex, shall be consid- and rhumb lines joining points at: ered an attendant vessel and the extent of the complex shall include the vessel Latitude North Longitude West and its moorings. 26°34′04″ ...... 97°16′05″ (4) When a drilling or production 26°34′40″ ...... 97°15′47″ complex extends more than five hun- 26°34′43″ ...... 97°14′40″ dred (500) yards from the center, a new structure shall not be erected closer (4) Aransas Pass Safety Fairway. The than two (2) nautical miles from the area between rhumb lines joining outer limit of the complex. points at: (5) An underwater completion instal- Latitude North Longitude West lation in an anchorage area shall be considered a structure and shall be 27°49′21″ ...... 97°02′08″ 27°48′11″ ...... 97°01′06″ marked with a lighted buoy approved 27°46′26″ ...... 96°57′40″ by the United States Coast Guard 27°45′14″ ...... 96°55′26″ under § 66.01. 27°44′09″ ...... 96°53′25″ (d) Designated Areas—(1) Brazos 27°42′47″ ...... 96°51′39″ 27°39′24″ ...... 96°48′26″ Santiago Pass Safety Fairway. The areas 27°21′59″ ...... 96°11′42″ between rhumb lines joining points at:

Latitude North Longitude West and rhumb lines joining points at:

26°03′27″ ...... 97°08′36″ Latitude North Longitude West 26°02′57″ ...... 97°07′11″ 26°02′06″ ...... 96°57′24″ 27°50′15″ ...... 97°01′32″ 25°58′54″ ...... 96°19′00″ 27°49′54″ ...... 96°59′56″ 27°45′22″ ...... 96°51′19″ 27°44′35″ ...... 96°48′31″ and rhumb lines joining points at: 27°43′49″ ...... 96°45′47″ 27°35′17″ ...... 96°27′46″ Latitude North Longitude West 27°33′33″ ...... 96°24′06″ 27°25′53″ ...... 96°07′56″ 26°04′27″ ...... 97°08′36″ 26°04′58″ ...... 97°07′07″ 26°04′12″ ...... 96°59′30″ separated by areas enclosed by rhumb 26°04′00″ ...... 96°57′24″ lines joining points at: 26°00′54″ ...... 96°19′00″ Latitude North Longitude West (2) Brazos Santiago Pass Anchorage Areas. The areas enclosed by rhumb 27°41′10″ ...... 96°47′23″ ° ′ ″ ° ′ ″ lines joining points at: 27 34 50 ...... 96 34 01 27°34′59″ ...... 96°31′56″ 27°42′03″ ...... 96°46′51″ Latitude North Longitude West 27°41′10″ ...... 96°47′23″ 26°02′57″ ...... 97°07′11″ 26°02′06″ ...... 96°57′24″ and rhumb lines joining points at: 25°58′54″ ...... 96°57′24″ ° ′ ″ ° ′ ″ 25 58 54 ...... 97 07 18 Latitude North Longitude West 26°02′57″ ...... 97°07′11″ 27°33′06″ ...... 96°30′21″ and rhumb lines joining points at: 27°23′33″ ...... 96°10′12″ 27°24′19″ ...... 96°09′26″ ° ′ ″ ° ′ ″ Latitude North Longitude West 27 33 15 ...... 96 28 16 27°33′06″ ...... 96°30′21″ 26°04′58″ ...... 97°07′07″ 26°09′00″ ...... 97°07′00″ (5) Aransas Pass Anchorage Areas. The 26°09′00″ ...... 96°59′30″ areas enclosed by rhumb lines joining 26°04′12″ ...... 96°59′30″ 26°04′58″ ...... 97°07′07″ points at:

(3) Port Mansfield Safety Fairway. The Latitude North Longitude West area between a rhumb line joining 27°49′54″ ...... 96°59′56″ points at: 27°45′22″ ...... 96°51′19″ 27°51′46″ ...... 96°40′12″ ° ′ ″ ° ′ ″ Latitude North Longitude West 27 53 36 ...... 96 56 30 27°49′54″ ...... 96°59′56″ 26°33′39″ ...... 97°16′04″ ° ′ ″ ° ′ ″ 26 33 43 ...... 97 14 38 and rhumb lines joining points at:

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Latitude North Longitude West Latitude North Longitude West

27°45′14″ ...... 96°55′26″ 28°45′58″ ...... 95°5′48″ 27°43′00″ ...... 96°55′27″ 28°44′39″ ...... 95°04′22″ 27°44′09″ ...... 96°53′25″ 28°07′46″ ...... 94°26′12″ 27°45′14″ ...... 96°55′26″ (9) Freeport Harbor Anchorage Areas. (6) Matagorda Entrance Safety Fair- The areas enclosed by rhumb lines join- way. The areas between rhumb lines ing points at: joining points at: Latitude North Longitude West Latitude North Longitude West 28°52′58″ ...... 95°16′06″ 28°24′50″ ...... 96°19′38″ 28°44′52″ ...... 95°07′43″ 28°22′16″ ...... 96°17′40″ 28°42′24″ ...... 95°12′00″ 28°14′48″ ...... 96°09′42″ 28°51′30″ ...... 95°18′42″ ° ′ ″ ° ′ ″ 28 11 24 ...... 96 06 06 28°52′58″ ...... 95°16′06″ 28°10′06″ ...... 96°04′42″ 27°38′02″ ...... 95°49′39″ and rhumb lines joining points at:

with rhumb lines joining points at: Latitude North Longitude West

Latitude North Longitude West 28°54′05″ ...... 95°14′10″ ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 28 56 54 ...... 95 09 18 28 25 31 ...... 96 18 48 28°47′42″ ...... 95°02′42″ 28°23′38″ ...... 96°16′00″ 28°45′58″ ...... 95°05′48″ 28°16′12″ ...... 96°08′06″ 28°54′05″ ...... 95°14′10″ 28°12′30″ ...... 96°04′12″ 28°11′13″ ...... 96°02′46″ 27°38′12″ ...... 95°47′19″ (10) Galveston Entrance Safety Fair- ways. The areas between rhumb lines (7) Matagorda Entrance Anchorage joining points at: Areas. The areas enclosed by rhumb lines joining points at: Latitude North Longitude West 27°44′03″ ...... 94°26′12″ Latitude North Longitude West 28°04′48″ ...... 94°26′12″ ° ′ ″ ° ′ ″ 28°22′16″ ...... 96°17′40″ 28 07 46 ...... 94 26 12 ° ′ ″ ° ′ ″ 28°14′48″ ...... 96°09′42″ 29 06 24 ...... 94 26 12 ° ′ ″ ° ′ ″ 28°12′42″ ...... 96°12′12″ 29 07 42 ...... 94 27 48 ° ′ ″ ° ′ ″ 28°20′12″ ...... 96°20′12″ 29 18 10 ...... 94 39 16 ° ′ ″ ° ′ ″ 28°22′16″ ...... 96°17′40″ 29 19 39 ...... 94 41 33 29°20′44″ ...... 94°40′44″ 29°19′23″ ...... 94°37′08″ and rhumb lines joining points at: 29°10′30″ ...... 94°22′54″ 29°10′17″ ...... 94°22′30″ Latitude North Longitude West 29°09′06″ ...... 94°20′36″ 28°17′17″ ...... 92°57′59″ 28°23′38″ ...... 96°16′00″ 28°25′36″ ...... 96°13′36″ 28°18′12″ ...... 96°05′36″ and rhumb lines joining points at: 28°16′12″ ...... 96°08′06″ 28°23′38″ ...... 96°16′00″ Latitude North Longitude West

° ′ ″ ° ′ ″ (8) Freeport Harbor Safety Fairway. 27 44 13 ...... 94 23 57 29°06′24″ ...... 94°23′55″ The area between rhumb lines joining 29°07′41″ ...... 94°22′23″ points at: 28°11′57″ ...... 92°53′25″

Latitude North Longitude West (11) Galveston Entrance Anchorage 28°55′19″ ...... 95°17′46″ Areas. The areas enclosed by rhumb 28°52′58″ ...... 95°16′06″ lines joining points at: 28°44′52″ ...... 95°07′43″ 28°43′32″ ...... 95°06′18″ Latitude North Longitude West 28°04′48″ ...... 94°26′12″ 9°18′10″ ...... 94°39′16″ 29°08′04″ ...... 94°28′12″ and rhumb lines joining points at: 29°03′13″ ...... 94°36′48″ 29°14′48″ ...... 94°45′12″ Latitude North Longitude West 29°18′10″ ...... 94°39′16″ 28°55′59″ ...... 95°16′55″ 28°54′05″ ...... 95°14′10″ and rhumb lines joining points at:

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Latitude North Longitude West Latitude North Longitude West

29°19′23″ ...... 94°37′08″ 29°14′29″ ...... 93°41′08″ 29°22′18″ ...... 94°32′00″ 29°14′29″ ...... 93°43′00″ 29°14′23″ ...... 94°25′53″ 29°13′24″ ...... 94°27′33″ (iv) Sabine Bank Offshore (East) An- 29°19′23″ ...... 94°37′08″ chorage Area. The area enclosed by (12) Sabine Pass Safety Fairway. The rhumb lines joining points at: areas between rhumb lines joining Latitude North Longitude West points at: 29°26′06″ ...... 93°38′52″ Latitude North Longitude West 29°26′06″ ...... 93°37′00″ 29°24′06″ ...... 93°37′00″ 29°38′25″ ...... 93°50′02″ 29°24′06″ ...... 93°38′52″ 29°35′19″ ...... 93°49′10″ 29°33′00″ ...... 93°46′26″ (14) Coastwise Safety Fairways—(i) 29°32′03″ ...... 93°46′44″ 29°30′39″ ...... 93°43′41″ Brazos Santiago Pass to Aransas Pass. 29°28′30″ ...... 93°41′09″ The areas between rhumb lines joining 29°07′28″ ...... 93°41′08″ points at: 28°17′17″ ...... 92°57′59″ 28°11′57″ ...... 92°53′25″ Latitude North Longitude West 27°51′58″ ...... 92°36′20″ 26°04′12″ ...... 96°59′30″ and rhumb lines joining points at: 26°09′00″ ...... 96°59′30″ 27°46′26″ ...... 96°57′40″ Latitude North Longitude West and rhumb lines joining points at: 29°38′48″ ...... 93°48′59″ 29°37′32″ ...... 93°48′02″ Latitude North Longitude West 29°36′28″ ...... 93°47′14″ 29°32′52″ ...... 93°43′00″ 25°58′54″ ...... 96°57′24″ 29°31′13″ ...... 93°41′04″ 26°02′06″ ...... 96°57′24″ 29°29′20″ ...... 93°38′51″ 26°04′00″ ...... 96°57′24″ 29°08′08″ ...... 93°38′52″ 27°40′36″ ...... 96°55′30″ 28°39′02″ ...... 93°13′39″ 27°43′00″ ...... 96°55′27″ 28°36′15″ ...... 93°11′15″ 27°45′14″ ...... 96°55′26″ 27°52′09″ ...... 92°33′40″

(13) Sabine Pass Anchorage Areas—(i) (ii) Aransas Pass to Calcasieu Pass. Sabine Pass Inshore Anchorage Area. The The areas between rhumb lines joining area enclosed by rhumb lines joining points at: points at: Latitude North Longitude West

Latitude North Longitude West 27°43′00″ ...... 96°55′27″ 27°44′09″ ...... 96°53′25″ 29°37′32″ ...... 93°48′02″ 27°45′22″ ...... 96°51′19″ 29°37′32″ ...... 93°21′25″ 27°51′46″ ...... 96°40′12″ 29°32′52″ ...... 93°43′00″ 28°11′24″ ...... 96°06′06″ 29°36′28″ ...... 93°47′14″ 28°12′30″ ...... 96°04′12″ 28°42′24″ ...... 95°12′00″ (ii) Sabine Bank Offshore (North) An- 28°44′52″ ...... 95°07′43″ chorage Area. The area enclosed by 28°45′58″ ...... 95°05′48″ 28°47′42″ ...... 95°02′42″ rhumb lines joining points at: 29°07′42″ ...... 94°27′48″ 29°10′17″ ...... 94°22′30″ Latitude North Longitude West 29°29′30″ ...... 93°58′24″ 29°32′03″ ...... 93°46′44″ ° ′ ″ ° ′ ″ 29 26 06 ...... 93 43 00 29°33′00″ ...... 93°46′26″ ° ′ ″ ° ′ ″ 29 26 06 ...... 93 41 08 29°32′52″ ...... 93°43′00″ ° ′ ″ ° ′ ″ 29 24 06 ...... 93 41 08 29°37′32″ ...... 93°21′25″ 29°24′06″ ...... 93°43′00″

(iii) Sabine Bank Offshore (South) An- with rhumb lines joining points at: chorage Area. The area enclosed by Latitude North Longitude West rhumb lines joining points at: 27°40′36″ ...... 96°55′30″ Latitude North Longitude West 27°42′47″ ...... 96°51′39″ 27°44′35″ ...... 96°48′31″ 29°16′55″ ...... 93°43′00″ 28°10′06″ ...... 96°04′42″ 29°16′55″ ...... 93°41′08″ 28°11′13″ ...... 96°02′46″

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Latitude North Longitude West Latitude North Longitude West

28°43′32″ ...... 95°06′18″ 29°43′33″ ...... 93°00′48″ 28°44′39″ ...... 95°04′22″ 29°42′00″ ...... 93°00′48″ 29°06′24″ ...... 94°26′12″ 29°06′24″ ...... 94°23′55″ 29°07′41″ ...... 94°22′23″ (18) Freshwater Bayou Safety Fairway. 29°09′06″ ...... 94°20′36″ The area between lines joining points 29°27′40″ ...... 93°57′18″ at: 29°30′39″ ...... 93°43′41″ ° ′ ″ ° ′ ″ 29 31 13 ...... 93 41 04 Latitude North Longitude West 29°33′56″ ...... 93°28′35″ ° ′ ″ ° ′ ″ 29 32 57 ...... 93 17 00 29°31′59″ ...... 92°18′45″ 29°31′10″ ...... 92°18′54″ (15) Calcasieu Pass Safety Fairway. 29°31′13″ ...... 92°19′14″ The areas between rhumb lines joining 29°27′44″ ...... 92°19′53″ points at: and a line joining points at: Latitude North Longitude West Latitude North Longitude West 29°45′00″ ...... 93°20′58″ 29°40′56″ ...... 93°20′18″ ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 29 27 34 ...... 92 18 45 29 38 18 ...... 93 20 42 ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 29 31 03 ...... 92 18 06 29 37 32 ...... 93 21 25 ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 29 31 06 ...... 92 18 26 29 32 57 ...... 93 17 00 ° ′ ″ ° ′ ″ 29°31′08″ ...... 93°14′38″ 29 31 55 ...... 92 18 17 28°39′02″ ...... 93°13′39″ (19) Southwest Pass Safety Fairway. and rhumb lines joining points at: The area between lines joining points at: Latitude North Longitude West Latitude North Longitude West 29°45′05″ ...... 93°20′03″ 29°41′12″ ...... 93°19′37″ 29°34′48″ ...... 92°03′12″ 29°37′30″ ...... 93°18′15″ 29°30′48″ ...... 92°07′00″ 29°31′16″ ...... 93°12′16″ 29°23′30″ ...... 92°08′24″ 28°36′15″ ...... 93°11′15″

(16) Calcasieu Pass Anchorage Areas— and lines joining points at: (i) Calcasieu Pass North Anchorage Area. Latitude North Longitude West The area enclosed by rhumb lines joining points at: 29°34′24″ ...... 92°02′24″ 29°30′24″ ...... 92°06′12″ Latitude North Longitude West 29°23′24″ ...... 92°07′30″ 29°41′12″ ...... 93°19′37″ (20) Atchafalaya Pass Safety Fairway. 29°41′12″ ...... 93°12′28″ 29°31′16″ ...... 93°12′16″ The area between a line joining points 29°37′30″ ...... 93°18′15″ at:

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

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

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and a line joining points at: and a line joining points at:

Latitude North Longitude West Latitude North Longitude West

29°00′40″ ...... 90°59′43″ 29°17′18″ ...... 89°40′36″ 29°05′06″ ...... 90°57′03″ 29°16′18″ ...... 89°41′18″ 29°09′46″ ...... 90°56′27″ (26) Empire to the Gulf Safety Fairway. (22) Cat Island Pass Safety Fairway. The area between a line joining points The area between lines joining points at: at: Latitude North Longitude West Latitude North Longitude West 29°15′22″ ...... 89°36′55″ 29°05′57″ ...... 90°34′32″ 29°13′52″ ...... 89°37′15″ 29°04′56″ ...... 90°35′09″ 29°03′14″ ...... 90°35′10″ and a line joining points at: 29°03′14″ ...... 90°35′17″ 29°01′24″ ...... 90°34′55″ Latitude North Longitude West and lines joining points at: 29°13′24″ ...... 89°36′11″ 29°14′54″ ...... 89°35′51″ Latitude North Longitude West (27) Gulf Safety Fairway. Aransas Pass 29°06′00″ ...... 90°34′21″ Safety Fairway to Southwest Pass Safety 29°05′31″ ...... 90°34′12″ 29°03′13″ ...... 90°34′13″ Fairway. The areas between rhumb 29°03′13″ ...... 90°34′07″ lines joining points at: 29°01′34″ ...... 90°33′47″ Latitude North Longitude West (23) Belle Pass Safety Fairway. The 27°33′06″ ...... 96°30′21″ area between a line joining points at: 27°33′15″ ...... 96°28′16″ 27°33′33″ ...... 96°24′06″ Latitude North Longitude West 28°00′36″ ...... 90°08′18″

29°05′06″ ...... 90°14′07″ 29°02′50″ ...... 90°14′46″ and rhumb lines joining points at:

Latitude North Longitude West and a line joining points at: 27°34′50″ ...... 96°34′01″ Latitude North Longitude West 27°34′59″ ...... 96°31′56″ 27°35′17″ ...... 96°27′46″ 29°02′56″ ...... 90°13′48″ 27°38′02″ ...... 95°49′39″ 29°05′06″ ...... 90°13′10″ 27°38′12″ ...... 95°47′19″ 27°44′03″ ...... 94°26′12″ (24) Barataria Pass Safety Fairway. 27°44′13″ ...... 94°23′57″ 27°51′58″ ...... 92°36′20″ The area between a line joining points 27°52′09″ ...... 92°33′40″ at: 28°02′32″ ...... 90°09′28″

Latitude North Longitude West (28) Southwest Pass (Mississippi River) 29°16′00″ ...... 89°57′00″ Safety Fairway—(i) Southwest Pass (Mis- 29°14′54″ ...... 89°55′48″ sissippi River) to Gulf Safety Fairway. The area enclosed by rhumb lines join- and a line joining points at: ing points at:

Latitude North Longitude West Latitude North Longitude West

29°16′30″ ...... 89°56′06″ 28°54′33″ ...... 89°26′07″ 29°15′18″ ...... 89°55′00″ 28°52′42″ ...... 89°27′06″ 28°50′00″ ...... 89°27′06″ (25) Grand Bayou Pass Safety Fairway. 28°02′32″ ...... 90°09′28″ The areas between a line joining points at: and rhumb lines joining points at:

Latitude North Longitude West Latitude North Longitude West ° ′ ″ ° ′ ″ 29°17′36″ ...... 89°41′36″ 28 54 18 ...... 89 25 46 ° ′ ″ ° ′ ″ 29°16′48″ ...... 89°42′12″ 28 53 30 ...... 89 25 18 28°53′30″ ...... 89°23′48″

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Latitude North Longitude West Latitude North Longitude West

28°50′40″ ...... 89°24′48″ 28°59′18″ ...... 89°08′30″ 28°48′48″ ...... 89°24′48″ 28°58′42″ ...... 89°07′30″ 28°47′24″ ...... 89°26′30″ 28°58′09″ ...... 89°08′30″ ° ′ ″ ° ′ ″ 28°00′36″ ...... 90°08′18″ 28 55 56 ...... 89 03 09 28°54′55″ ...... 89°00′44″ 28°54′15″ ...... 88°59′00″ (ii) Southwest Pass (Mississippi River) to Sea Safety Fairway. The area en- and rhumb lines joining points at: closed by rhumb lines joining points at: Latitude North Longitude West Latitude North Longitude West East jetty light: 28°54′33″ ...... 89°26′07″ 28°59′24″ ...... 89°08′12″ 28°52′42″ ...... 89°27′06″ 29°00′09″ ...... 89°07′24″ 28°50′00″ ...... 89°27′06″ 29°00′00″ ...... 89°07′00″ ° ′ ″ ° ′ ″ 28°47′24″ ...... 89°26′30″ 28 57 56 ...... 89 02 18 ° ′ ″ ° ′ ″ 28°36′28″ ...... 89°18′45″ 28 57 18 ...... 89 00 48 28°56′16″ ...... 88°58′29″ 28°55′42″ ...... 88°57′06″ and rhumb lines joining points at: (ii) South Pass (Mississippi River) to Latitude North Longitude West Mississippi River-Gulf Outlet Channel 28°54′18″ ...... 89°25′46″ Safety Fairway. The areas between 28°53′30″ ...... 89°25′18″ rhumb lines joining points at: 28°53′30″ ...... 89°23′48″ 28°50′40″ ...... 89°24′48″ Latitude North Longitude West 28°48′48″ ...... 89°24′48″ 28°57′18″ ...... 89°00′48″ 28°45′06″ ...... 89°22′12″ 29°04′18″ ...... 88°48′31″ 28°43′27″ ...... 89°21′01″ 29°24′35″ ...... 88°57′17″ 28°37′54″ ...... 89°17′06″

(iii) Southwest Pass (Mississippi River) and rhumb lines joining points at: to South Pass (Mississippi River) Safety Latitude North Longitude West Fairway. The areas between rhumb line joining points at: 28°56′16″ ...... 88°58′29″ 29°03′30″ ...... 88°45′42″ 29°23′06″ ...... 88°54′11″ Latitude North Longitude West 29°26′28″ ...... 88°55′39″ 28°45′06″ ...... 89°22′12″ 28°55′56″ ...... 89°03′09″ (31) South Pass (Mississippi River) An- chorage. The areas within rhumb lines and rhumb lines joining points at: joining points at: Latitude North Longitude West Latitude North Longitude West 29°00′00″ ...... 89°07′00″ 28°43′27″ ...... 89°21′01″ 29°03′36″ ...... 89°02′18″ ° ′ ″ ° ′ ″ 28 54 55 ...... 89 00 44 28°57′56″ ...... 89°02′18″

(29) Southwest Pass (Mississippi River) (32) Mississippi River-Gulf Outlet Safety Anchorage. The area enclosed by rhumb Fairway. (i) The areas between rhumb lines joining points at: lines joining points at:

Latitude North Longitude West Latitude North Longitude West

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

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

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Latitude North Longitude West Latitude North Longitude West

29°26′38″ ...... 88°58′43″ 30°07′42″ ...... 88°55′37″

(ii) Mississippi River-Gulf Outlet Chan- (35) Biloxi Safety Fairway. The area nel to Mobile Ship Channel Safety Fair- between lines joining points at: way. The areas within rhumb lines joining points at: Latitude North Longitude West 30°24′06″ ...... 88°50′57″ Latitude North Longitude West 30°23′15″ ...... 88°50′22″ 30°21′11″ ...... 88°47′36″ ° ′ ″ ° ′ ″ 29 26 38 ...... 88 58 43 30°20′13″ ...... 88°47′04″ ° ′ ″ ° ′ ″ 29 29 57 ...... 88 54 48 30°15′06″ ...... 88°47′06″ ° ′ ″ ° ′ ″ 29 38 59 ...... 88 44 04 30°13′09″ ...... 88°47′46″ ° ′ ″ ° ′ ″ 29 56 43 ...... 88 20 50 30°12′23″ ...... 88°49′02″ 29°58′03″ ...... 88°19′05″ 30°05′29″ ...... 88°09′19″ and lines joining points at:

and rhumb lines joining points at: Latitude North Longitude West

Latitude North Longitude West 30°24′27″ ...... 88°50′31″ 30°23′57″ ...... 88°49′31″ ° ′ ″ ° ′ ″ 29 26 28 ...... 88 55 39 30°21′42″ ...... 88°46′36″ ° ′ ″ ° ′ ″ 29 27 54 ...... 88 53 54 30°20′25″ ...... 88°45′55″ 29°37′32″ ...... 88°42′28″ 30°14′57″ ...... 88°45′57″ 29°55′14″ ...... 88°19′15″ 30°12′56″ ...... 88°46′39″ 29°56′34″ ...... 88°17′30″ 30°12′00″ ...... 88°45′25″ 30°03′50″ ...... 88°08′01″ ° ′ ″ ° ′ ″ 30 05 15 ...... 88 06 05 (36) Ship Island Pass to Horn Island (33) Mississippi River-Gulf Outlet An- Pass Safety Fairway. The areas between chorage. (i) The areas within rhumb rhumb line joining points at: lines joining points at: Latitude North Longitude West

Latitude North Longitude West 30°05′42″ ...... 88°56′24″ 30°06′38″ ...... 88°31′26″ 29°27′01″ ...... 89°01′54″ 29°32′12″ ...... 88°55′42″ 29°29′57″ ...... 88°54′48″ and rhumb line joining points at: 29°26′38″ ...... 88°58′43″ Latitude North Longitude West (ii) The areas within rhumb lines 30°07′42″ ...... 88°55′37″ joining points at: 30°08′27″ ...... 88°36′57″

Latitude North Longitude West (37) Pascagoula Safety Fairway. The 29°26′28″ ...... 88°55′39″ areas between rhumb lines joining 29°27′54″ ...... 88°53′54″ points at: 29°24′33″ ...... 88°52′27″ ° ′ ″ ° ′ ″ 29 23 06 ...... 88 54 11 Latitude North Longitude West (34) Gulfport Safety Fairway. The 30°20′46″ ...... 88°34′39″ ° ′ ″ ° ′ ″ areas between rhumb lines joining 30 20 21 ...... 88 34 39 30°17′00″ ...... 88°31′21″ points at: 30°12′59″ ...... 88°30′53″ 30°11′50″ ...... 88°32′05″ Latitude North Longitude West 30°08′27″ ...... 88°36′57″ 30°06′38″ ...... 88°31′26″ 30°20′54″ ...... 89°05′36″ 29°56′43″ ...... 88°20′50″ 30°13′56″ ...... 88°59′42″ 29°55′14″ ...... 88°19′15″ 30°11′09″ ...... 88°59′56″ 29°20′00″ ...... 87°41′47″ 30°06′45″ ...... 88°56′24″ 30°05′42″ ...... 88°56′24″ and rhumb line joining points at:

and rhumb lines joining points at: Latitude North Longitude West

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

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Latitude North Longitude West (ii) Mobile Ship Channel to Sea Safety Fairway. The areas between rhumb 30°20′26″ ...... 188°31′25″ 30°18′39″ ...... 188°31′25″ lines joining points at: Latitude North Longitude West and rhumb lines joining points at: 30°05′15″ ...... 88°01′13″ Latitude North Longitude West 30°03′50″ ...... 88°00′00″ 29°25′46″ ...... 87°29′13″ 30°19′21″ ...... 88°30′12″ 30°17′25″ ...... 88°30′12″ 30°12′46″ ...... 88°29′42″ and rhumb line joining points at: 30°11′21″ ...... 88°31′00″ 30°09′33″ ...... 88°29′48″ Latitude North Longitude West 30°07′30″ ...... 88°29′09″ 29°58′03″ ...... 88°19′05″ 30°06′17″ ...... 87°59′15″ 29°56′34″ ...... 88°17′30″ 29°27′00″ ...... 87°27′18″ 29°20′48″ ...... 87°39′31″ (iii) Mobile to Pensacola Safety Fair- (38) Horn Island Pass to Mobile Ship way. The areas between rhumb line Channel Safety Fairway. The areas be- joining points at: tween rhumb line joining points at: Latitude North Longitude West Latitude North Longitude West 30°08′04″ ...... 88°00′36″ 30°09′33″ ...... 88°29′48″ 30°14′20″ ...... 87°19′05″ 30°07′15″ ...... 88°06′54″ and rhumb line joining points at: and rhumb line joining points at: Latitude North Longitude West Latitude North Longitude West 30°06′17″ ...... 87°59′15″ 30°07′30″ ...... 88°29′09″ 30°12′31″ ...... 87°18′00″ 30°05′29″ ...... 88°09′19″ (40) Mobile Anchorage. The areas with- (39) Mobile Safety Fairway—(i) Mobile in rhumb lines joining points at: Ship Channel Safety Fairway. The areas between rhumb lines joining points at: Latitude North Longitude West 30°05′15″ ...... 88°06′05″ Latitude North Longitude West 30°05′15″ ...... 88°01′13″ 30°03′50″ ...... 88°00′00″ 30°38′46″ ...... 88°03′24″ 30°03′50″ ...... 88°08′01″ 30°38′14″ ...... 88°02′42″ 30°31′59″ ...... 88°02′00″ 30°31′59″ ...... 88°04′59″ (41) Pensacola Safety Fairway. The areas between rhumb lines joining and rhumb lines joining points at: points at:

Latitude North Longitude West Latitude North Longitude West

30°31′00″ ...... 88°05′30″ 30°23′41″ ...... 87°14′34″ 30°31′00″ ...... 88°01′54″ 30°23′06″ ...... 87°13′53″ 30°26′55″ ...... 88°01′26″ 30°22′54″ ...... 87°13′53″ 30°16′35″ ...... 88°02′45″ 30°20′47″ ...... 87°15′45″ 30°14′09″ ...... 88°03′24″ 30°10′36″ ...... 88°03′53″ 30°08′10″ ...... 88°04′40″ and rhumb lines joining points at: 30°07′15″ ...... 88°06′54″ Latitude North Longitude West and rhumb lines joining points at: 30°18′43″ ...... 87°19′24″ 30°15′57″ ...... 87°18′19″ ° ′ ″ ° ′ ″ Latitude North Longitude West 30 14 20 ...... 87 19 05 30°12′31″ ...... 87°18′00″ 30°39′55″ ...... 88°01′15″ 30°10′03″ ...... 87°18′00″ 30°37′06″ ...... 88°01′23″ 29°37′00″ ...... 87°18′00″ 30°26′11″ ...... 88°00′11″ 30°16′18″ ...... 88°01′35″ 30°13′52″ ...... 88°01′12″ and rhumb lines joining points at: 30°13′14″ ...... 88°01′12″ 30°10′36″ ...... 88°01′35″ Latitude North Longitude West 30°08′04″ ...... 88°00′36″ 30°26′27″ ...... 87°08′28″

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Latitude North Longitude West Latitude North Longitude West

30°25′35″ ...... 87°10′30″ 30°09′24″ ...... 85°40′12″ 30°09′21″ ...... 85°41′40″ 30°07′36″ ...... 85°44′20″ and rhumb lines joining points at: 30°06′32″ ...... 85°47′33″ 29°51′30″ ...... 85°47′33″ Latitude North Longitude West 29°48′45″ ...... 85°47′33″ 29°03′30″ ...... 85°47′33″ 30°24′36″ ...... 87°07′07″ ° ′ ″ ° ′ ″ 30 22 57 ...... 87 09 38 and rhumb lines joining points at: 30°22′36″ ...... 87°11′50″ 30°19′21″ ...... 87°14′46″ Latitude North Longitude West 30°19′52″ ...... 87°17′31″ 30°08′34″ ...... 85°40′16″ and rhumb lines joining points at: 30°07′55″ ...... 85°41′50″ 30°06′49″ ...... 85°43′28″ 30°04′40″ ...... 85°45′15″ Latitude North Longitude West 29°55′27″ ...... 85°45′15″ ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 29 51 20 ...... 85 45 15 30 19 15 ...... 87 17 37 29°49′19″ ...... 85°45′15″ ° ′ ″ ° ′ ″ 30 16 28 ...... 87 16 32 29°00′00″ ...... 85°45′15″ 30°14′32″ ...... 87°16′06″ 30°12′33″ ...... 87°15′43″ 29°42′30″ ...... 87°15′43″ (45) Panama City Anchorage. The area within rhumb lines joining points at:

(42) Pensacola Anchorage. (i) The area Latitude North Longitude West within rhumb lines joining points at: 29°55′27″ ...... 85°45′15″ Latitude North Longitude West 29°55′27″ ...... 85°42′25″ 29°51′39″ ...... 85°42′25″ 30°11′49″ ...... 87°22′41″ 29°51′20″ ...... 85°45′15″ 30°12′31″ ...... 87°18′00″ 30°10′03″ ...... 87°18′00″ (46) Port St. Joe Fairway to Panama 30°09′21″ ...... 87°22′41″ City Fairway. The area between rhumb lines joining points at: (ii) The area within rhumb lines joining points at: Latitude North Longitude West

Latitude North Longitude West 29°49′54″ ...... 85°19′24″ 29°50′59″ ...... 85°22′25″ 30°16′28″ ...... 87°16′32″ 29°53′32″ ...... 85°22′25″ 30°17′14″ ...... 87°11′52″ 29°54′12″ ...... 85°24′00″ ° ′ ″ ° ′ ″ 30°15′14″ ...... 87°11′52″ 29 54 12 ...... 85 25 55 ° ′ ″ ° ′ ″ 30°14′32″ ...... 87°16′06″ 29 52 58 ...... 85 28 43 29°53′00″ ...... 85°29′48″ 29°51′39″ ...... 85°42′25″ (43) Pensacola to Panama City Safety 29°51′20″ ...... 85°45′15″ Fairway. The area between rhumb lines joining points at: and rhumb lines joining points at:

Latitude North Longitude West Latitude North Longitude West

30°14′32″ ...... 87°16′06″ 29°48′22″ ...... 85°18′12″ 30°15′14″ ...... 87°11′52″ 29°47′21″ ...... 85°21′00″ 30°18′45″ ...... 86°50′00″ 29°50′42″ ...... 85°23′31″ 30°18′00″ ...... 86°20′00″ 29°52′51″ ...... 85°23′36″ 29°51′30″ ...... 85°47′33″ 29°53′10″ ...... 85°24′18″ 29°53′10″ ...... 85°25′33″ 29°51′57″ ...... 85°28′19″ and rhumb lines joining points at: 29°51′04″ ...... 85°29′00″ 29°50′40″ ...... 85°32′39″ Latitude West Longitude West 29°49′19″ ...... 85°45′15″

30°12′33″ ...... 87°15′43″ (47) Port St. Joe Anchorage. The area 30°16′44″ ...... 86°49′49″ 30°16′01″ ...... 86°20′57″ within rhumb lines joining points at: 29°48′45″ ...... 85°47′33″ Latitude North Longitude West

(44) Panama City Safety Fairways. The 29°50′40″ ...... 85°32′39″ areas between rhumb lines joining 29°51′04″ ...... 85°29′00″ ° ′ ″ ° ′ ″ points at: 29 49 18 ...... 85 30 18

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(48) Tampa Safety Fairways. The area Latitude North Longitude West between rhumb lines joining points at: 26°38′30″ ...... 82°19′54″ Latitude North Longitude West (52) Louisiana Offshore Oil Port 27°37′48″ ...... 82°45′54″ (LOOP) Shipping Safety Fairway to Safe- 27°36′48″ ...... 82°55′54″ 27°36′48″ ...... 83°00′00″ ty Zone—(i) North of Gulf Safety Fair- 27°36′48″ ...... 84°39′10″ way. The two mile wide area enclosed by rhumb lines joining points at: and rhumb lines joining points at: Latitude North Longitude West Latitude North Longitude West 28°48′36″ ...... 89°55′00″ ° ′ ″ ° ′ ″ 28°48′14″ ...... 89°54′17″ 27 35 54 ...... 82 45 42 ° ′ ″ ° ′ ″ 27°34′48″ ...... 82°55′54″ 28 45 47 ...... 89 54 19 ° ′ ″ ° ′ ″ 28°36′06″ ...... 89°55′44″ 27 34 48 ...... 83 00 00 ° ′ ″ ° ′ ″ 27°34′48″ ...... 84°39′00″ 28 18 30 ...... 89 55 15 28°20′58″ ...... 89°53′03″ 28°36′09″ ...... 89°53′28″ (49) Tampa Anchorages—(i) Eastern 28°49′07″ ...... 89°51′30″ Tampa Fairway Anchorage. The area en- 28°50′20″ ...... 89°53′51″ closed by rhumb lines [North American Datum of 1927 (NAD–27)] joining points (ii) South of Gulf Safety Fairway. The at: two-mile-wide area enclosed by rhumb lines joining points at: Latitude North Longitude West Latitude North Longitude West 27°36′48″ ...... 83°00′00″ 27°39′00″ ...... 83°00′00″ 28°15′20″ ...... 89°55′10″ 27°39′00″ ...... 82°55′54″ 27°46′29″ ...... 89°54′23″ 27°36′48″ ...... 82°55′54″ 27°46′32″ ...... 89°52′08″ 28°17′48″ ...... 89°52′58″ (ii) Western Tampa Fairway Anchor- age. The area enclosed by rhumb lines (53) Heald Bank Cutoff Safety Fairway. [North American Datum of 1927 (NAD– The area enclosed by rhumb lines 27)] joining points at: [North American Datum of 1927 (NAD– 27)], joining points at: Latitude North Longitude West Latitude North Longitude West 27°36′48″ ...... 83°05′06″ 27°39′00″ ...... 83°05′06″ 28°57′15″ ...... 94°23′55″ 27°39′00″ ...... 83°01′00″ 28°51′30″ ...... 93°56′30″ 27°36′48″ ...... 83°01′00″ 28°48′30″ ...... 93°51′45″ 28°55′15″ ...... 94°23′55″ (50) Charlotte Safety Fairways. The area between rhumb lines joining [CGD 81–040, 47 FR 20581, May 13, 1982] points at: EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 166.200, see the List of CFR Latitude North Longitude West Sections Affected, which appears in the 26°41′18″ ...... 82°19′00″ printed volume and on GPO Access. 25°30′00″ ...... 84°22′00″ § 166.300 Areas along the coast of Cali- and rhumb lines joining points at: fornia. (a) Purpose. Fairways as described in Latitude North Longitude West this section are established to control 26°40′19″ ...... 82°18′28″ the erection of structures therein to 26°38′30″ ...... 82°19′54″ provide safe vessel routes along the 26°39′00″ ...... 82°19′00″ coast of California. 25°28′00″ ...... 84°21′30″ (b) Designated Areas—(1) Port Hueneme (51) Charlotte Anchorage. The area Safety Fairway. An area one nautical within rhumb lines joining points at: mile in width centered on the aline- ment of Port Hueneme Entrance Chan- Latitude North Longitude West nel and extending seaward from the 30- foot-depth curve for a distance of 1.5 26°39′00″ ...... 82°19′00″ 26°38′12″ ...... 82°18′24″ nautical miles, thence turning south- 26°37′36″ ...... 82°19′18″ erly and widening to 1.5 nautical miles

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at the 3-mile limit, all between lines (2) Unimak Pass Safety Fairway. (i) joining the following points: East/West Safety Fairway. The area enclosed by rhumb lines joining points at: Latitude Longitude Latitude Longitude 34°06′30″ N 119°15′00″ W 34°07′37″ N 119°14′25″ W 54°25′58″ N 165°42′24″ W 34°08′49″ N 119°13′21″ W 54°22′50″ N 165°06′54″ W 54°22′10″ N 164°59′29″ W thence generally along the 30-foot-depth 54°07′58″ N 162°19′25″ W curve to the seaward end of the west en- 54°04′02″ N 162°20′35″ W trance jetty; seaward end of the east en- 54°22′02″ N 165°43′36″ W trance jetty, thence generally along the 30- foot-depth curve to: (ii) North/South Safety Fairway. The Latitude Longitude area enclosed by rhumb lines joining points at: 34°08′21″ N 119°12′15″ W 34°07′10″ N 119°13′20″ W Latitude Longitude 34°05′48″ N 119°13′23″ W 54°42′28″ N 165°16′19″ W (2) [Reserved] 54°43′32″ N 165°09′41″ W 54°22′50″ N 165°06′54″ W [CGD 82–101, 48 FR 49019, Oct. 24, 1983] 54°22′10″ N 164°59′29″ W

§ 166.400 Areas along the coast of Alas- ka. [CGD 81–103, 51 FR 43349, Dec. 2, 1986] (a) Purpose. Fairways, as described in § 166.500 Areas along the Atlantic this section, are established to control Coast. the erection of structures therein to (a) Purpose. Fairways, as described in provide safe vessel routes along the this section are established to control coast of Alaska. the erection of structures therein to (b) Designated Areas—(1) Prince Wil- provide safe vessel routes along the At- liam Sound Safety Fairway. (i) lantic Coast. Hinchinbrook Entrance Safety Fairway. (b) Designated Areas—(1) Off New York The area enclosed by rhumb lines join- Shipping Safety Fairway. (i) Ambrose to ing points at: Nantucket Safety Fairway. The area Latitude Longitude enclosed by rhumb lines, [North Amer- ican Datum of 1927 (NAD–27)] joining 59°59′00″ N 145°27′24″ W 60°13′18″ N 146°38′06″ W points at: 60°11′24″ N 146°47′00″ W 59°55′00″ N 145°42′00″ W Latitude Longitude 40°32′20″ N 73°04′57″ W (ii) Gulf to Hinchinbrook Safety Fair- 40°30′58″ N 72°58′25″ W way (recommended for inbound vessel 40°34′07″ N 70°19′23″ W traffic). The area enclosed by rhumb 40°35′37″ N 70°14′09″ W lines joining points at: 40°30′37″ N 70°14′00″ W 40°32′07″ N 70°19′19″ W ° ′ ″ ° ′ ″ Latitude Longitude 40 28 58 N 72 58 25 W 40°27′20″ N 73°04′57″ W 59°15′42″ N 144°02′07″ W 59°59′00″ N 145°27′24″ W (ii) Nantucket to Ambrose Safety Fair- 59°58′00″ N 145°32′12″ W 59°14′18″ N 144°04′53″ W way. The area enclosed by rhumb lines, NAD–27, joining point at: (iii) Hinchinbrook to Gulf Safety Fair- Latitude Longitude way (recommended for outbound vessel traffic). The area enclosed by rhumb 28°54′33″ N 89°26′07″ W lines joining points at: 40°24′20″ N 73°04′58″ W 40°22′58″ N 72°58′26″ W ° ′ ″ ° ′ ″ Latitude Longitude 40 26 07 N 70 19 09 W 40°27′37″ N 70°13′46″ W 59°15′41″ N 144°23′35″ W 40°22′37″ N 70°13′36″ W 59°56′00″ N 145°37′39″ W 40°24′07″ N 70°19′05″ W 59°55′00″ N 145°42′00″ W 40°20′58″ N 72°58′26″ W 59°14′19″ N 144°26′25″ W 40°19′20″ N 73°04′58″ W

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[CGD 84–004, 52 FR 33589, Sept. 4, 1987; 52 FR 167.406 Off San Francisco: Area to be avoid- 36248, Sept. 28, 1987] ed. 167.450 In the Santa Barbara Channel Traf- fic Separation Scheme: General. PART 167—OFFSHORE TRAFFIC 167.451 In the Santa Barbara Channel: Be- SEPARATION SCHEMES tween Point Vicente and Point Concep- tion. Subpart A—General 167.452 In the Santa Barbara Channel: Be- tween Point Conception and Point Sec. Arguello. 167.1 Purpose. 167.500 In the approaches to Los Angeles- 167.3 Geographic coordinates. Long Beach Traffic Separation Scheme: 167.5 Definitions. General. 167.10 Operating rules. 167.501 In the approaches to Los Angeles/ 167.15 Modification of schemes. Long Beach: Precautionary area. 167.502 In the approaches to Los Angeles- Subpart B—Description of Traffic Separa- Long Beach: Western approach. tion Schemes and Precautionary Areas 167.503 In the approaches to Los Angeles- Long Beach TSS: Southern approach. ATLANTIC EAST COAST 167.1700 In Prince William Sound: General. 167.150 Off New York Traffic Separation 167.1701 In Prince William Sound: Pre- Scheme: General. cautionary areas. 167.151 Off New York: Precautionary areas. 167.1702 In Prince William Sound: Prince 167.152 Off New York: Eastern approach, off William Sound Traffic Nantucket. 167.1703 In Prince William Sound: Valdez 167.153 Off New York: Eastern approach. Arm Traffic Separation Scheme. 167.154 Off New York: South-eastern ap- AUTHORITY: 33 U.S.C. 1223; 49 CFR 1.46. proach. 167.155 Off New York: Southern approach. SOURCE: CGD 81–080, 48 FR 36456, Aug. 11, 167.170 Off Delaware Bay Approach Traffic 1983, unless otherwise noted. Separation Scheme: General. 167.171 Off Delaware Bay: Eastern approach. Subpart A—General 167.172 Off Delaware Bay: Southeastern approach. § 167.1 Purpose. 167.173 Off Delaware Bay: Two-Way Traffic Route. The purpose of the regulations in this 167.174 Off Delaware Bay: Precautionary part is to establish and designate traf- area. fic separation schemes and pre- 167.200 In the approaches to Chesapeake cautionary areas to provide access Bay Traffic Separation Scheme: General. routes for vessels proceeding to and 167.201 In the approaches to Chesapeake from U.S. ports. Bay: Precautionary area. 167.202 In the approaches to Chesapeake § 167.3 Geographic coordinates. Bay: Eastern approach. 167.203 In the approaches to Chesapeake Geographic coordinates are defined Bay: Southern approach. using North American 1927 Datum (NAD 27) unless indicated otherwise. ATLANTIC GULF COAST [CGD 90–039, 59 FR 21937, Apr. 28, 1994] 167.350 In the approaches to Galveston Bay Traffic Separation Scheme and pre- § 167.5 Definitions. cautionary areas. (a) Area to be avoided means a routing PACIFIC WEST COAST measure comprising an area within de- 167.400 Off San Francisco Traffic Separation fined limits in which either navigation Scheme: General. is particularly hazardous or it is excep- 167.401 Off San Francisco: Precautionary tionally important to avoid casualties area. and which should be avoided by all 167.402 Off San Francisco: Northern ap- ships or certain classes of ships. proach. (b) Traffic separation scheme (TSS) 167.403 Off San Francisco: Southern ap- means a designated routing measure proach. 167.404 Off San Francisco: Western ap- which is aimed at the separation of op- proach. posing streams of traffic by appro- 167.405 Off San Francisco: Main ship chan- priate means and by the establishment nel. of traffic lanes.

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(c) Traffic lane means an area within which would contravene Rule 10 of the defined limits in which one-way traffic International Regulations for Pre- is established. Natural obstacles, in- venting Collisions at Sea, 1972. Adjust- cluding those forming separation ment may be in the form of a tem- zones, may constitute a boundary. porary traffic lane shift, a temporary (d) Separation zone or line means a suspension of a section of the scheme, zone or line separating the traffic lanes a temporary precautionary area over- in which ships are proceeding in oppo- laying a lane, or other appropriate site or nearly opposite directions; or measure. Adjustments will only be separating a traffic lane from the adja- made where, in the judgment of the cent sea area; or separating traffic Coast Guard, there is no reasonable al- lanes designated for particular classes ternative means of conducting an oper- of ships proceeding in the same direc- ation and navigation safety will not be tion. jeopardized by the adjustment. Notice (e) Precautionary area means a rout- of adjustments will be made in the ap- ing measure comprising an area within propriate Notice to Mariners and in the defined limits where ships must navi- FEDERAL REGISTER. Requests by mem- gate with particular caution and with- bers of the public for temporary adjust- in which the direction of traffic flow ments to traffic separation schemes may be recommended. must be submitted 150 days prior to the (f) Deep-water route means an inter- time the adjustment is desired. Such nationally recognized routing measure Requests, describing the interference primarily intended for use by ships that would otherwise occur to a TSS, that, because of their draft in relation should be submitted to the District to the available depth of water in the Commander of the Coast Guard Dis- area concerned, require the use of such trict in which the TSS is located. a route. (g) Two-way route means a route Subpart B—Description of Traffic within defined limits inside which two- Separation Schemes and Pre- way traffic is established, aimed at cautionary Areas providing safe passage of ships through waters where navigation is difficult or ATLANTIC EAST COAST dangerous. SOURCE: CGD 84–004, 52 FR 33589, Sept. 4, [CGD 81–080, 48 FR 36456, Aug. 11, 1983; 49 FR 1987, unless otherwise noted. 15548, Apr. 19, 1984, as amended by CGD 90– 039, 59 FR 21937, Apr. 28, 1994; CGD 97–004, 65 § 167.150 Off New York Traffic Separa- FR 12945, Mar. 10, 2000; USCG–1999–5700, 65 FR tion Scheme: General. 46605, July 31, 2000] The specific areas in the Off New § 167.10 Operating rules. York Traffic Separation Scheme and The operator of a vessel in a TSS Precautionary Areas are described in shall comply with Rule 10 of the Inter- §§ 167.151, 167.152, 167.153, 167.154, and national Regulations for Preventing 167.155 of this chapter. Collisions at Sea, 1972, as amended. [CGD 84–004, 52 FR 33589, Sept. 4, 1987]

§ 167.15 Modification of schemes. § 167.151 Off New York: Precautionary (a) A traffic separation scheme or areas. precautionary area described in this (a) A circular precautionary area Part may be permanently amended in with a radius of 7 miles is established accordance with 33 U.S.C. 1223 (92 Stat. centered upon 40°27.50′ N, 73°49.90′ W. 1473), and with international agree- (b) A precautionary area is estab- ments. lished between the traffic separation (b) A traffic separation scheme or scheme ‘‘Eastern Approach, off Nan- precautionary area in this Part may be tucket’’ and the traffic separation temporarily adjusted by the Com- scheme ‘‘In the Approach to Boston, mandant of the Coast Guard in an Massachusetts.’’ (1) The precautionary emergency, or to accommodate oper- area is bounded to the east by a circle ations which would create an undue of radius 15.5 miles, centered upon geo- hazard for vessels using the scheme or graphical position 40°35.00′ N, 69°00.00′

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W, and is intersected by the traffic sep- Latitude Longitude aration schemes ‘‘In the Approach to 40°24.33′ N 73°04.97′ W Boston, Massachusetts’’ and ‘‘Off New 40°24.20′ N 73°11.50′ W York’’ at the following geographic po- 40°26.00′ N 73°40.93′ W sitions: 40°27.00′ N 73°40.75′ W 40°27.20′ N 73°11.50′ W ° ′ ° ′ Latitude Longitude 40 27.33 N 73 04.95 W

40°50.33′ N 68°57.00′ W (b) A traffic lane for westbound traf- 40°23.75′ N 69°14.63′ W fic is established between the separation zone and a line connecting the fol- (2) The precautionary area is bounded lowing geographical positions: to the west by a line connecting the two traffic separation schemes between Latitude Longitude the following geographical positions: 40°32.33′ N 73°04.95′ W ° ′ ° ′ Latitude Longitude 40 32.20 N 73 11.50 W 40°28.00′ N 73°40.73′ W 40°36.75′ N 68°15.16′ W 40°48.00′ N 69°03.33′ W (c) A traffic lane for eastbound traffic is established between the separa- [CGD 84–004, 52 FR 33589, Sept. 4, 1987, as tion zone and a line connecting the fol- amended by USCG–2010–0351, 75 FR 36287, lowing geographical positions: June 25, 2010] Latitude Longitude

§ 167.152 Off New York: Eastern ap- 40°25.05′ N 73°41.32′ W proach, off Nantucket. 40°19.20′ N 73°11.50′ W (a) A separation zone is established 40°19.33′ N 73°04.97′ W bounded by a line connecting the following geographical positions: [CGD 84–004, 52 FR 33589, Sept. 4, 1987]

Latitude Longitude § 167.154 Off New York: South-eastern approach. 40°28.75′ N 69°14.83′ W 40°27.62′ N 70°13.77′ W (a) A separation zone is established 40°30.62′ N 70°14.00′ W bounded by a line connecting the fol- ° ′ ° ′ 40 31.75 N 69 14.97 W lowing geographical positions:

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

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

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Latitude Longitude § 167.171 Off Delaware Bay: Eastern approach. 39°59.43′ N 73°22.35′ W (a) A separation zone is established bounded by a line connecting the fol- [CGD 84–004, 52 FR 33589, Sept. 4, 1987, as lowing geographic positions: amended by CGD 97–023, 62 FR 33365, June 19, 1997] Latitude Longitude § 167.155 Off New York: Southern ap- 38°46.30′ N 74°34.45′ W proach. 38°46.33′ N 74°55.75′ W 38°47.45′ N 74°55.40′ W (a) A separation zone is established 38°47.35′ N 74°34.50′ W bounded by a line connecting the following geographical positions: (b) A traffic lane for westbound traffic is established between the separa- Latitude Longitude tion zone and a line connecting the following geographic positions: 39°45.70′ N 73°48.00′ W 40°20.63′ N 73°48.33′ W Latitude Longitude 40°20.87′ N 73°47.07′ W 39°45.70′ N 73°44.00′ W 38°48.32′ N 74°55.30′ W 38°49.80′ N 74°34.60′ W (b) A traffic lane for northbound traffic is established between the separa- (c) A traffic lane for eastbound traf- tion zone and a line connecting the fol- fic is established between the separation zone and a line connecting the following geographical positions: lowing geographic positions: Latitude Longitude Latitude Longitude 39°45.70′ N 73°37.70′ W 38°45.45′ N 74°56.20′ W ° ′ ° ′ 40 21.25 N 73 45.85 W 38°44.45′ N 74°34.35′ W (c) A traffic lane for southbound traf- [CGD 97–004, 65 FR 12945, Mar. 10, 2000] fic is established between the separation zone and a line connecting the fol- § 167.172 Off Delaware Bay: South- lowing geographical positions: eastern approach.

Latitude Longitude (a) A separation zone is established bounded by a line connecting the fol- 40°20.53′ N 73°49.65′ W lowing geographic positions: 39°45.70′ N 73°54.40′ W Latitude Longitude

[CGD 84–004, 52 FR 33589, Sept. 4, 1987, as 38°27.00′ N 74°42.30′ W amended by USCG–2010–0351, 75 FR 36287, 38°43.40′ N 74°58.00′ W June 25, 2010] 38°44.20′ N 74°57.20′ W 38°27.60′ N 74°41.30′ W § 167.170 Off Delaware Bay Approach Traffic Separation Scheme: Gen- (b) A traffic lane for north-westbound eral. traffic is established between separation zone and a line connecting the fol- The Off Delaware Bay Approach Traf- lowing geographic positions: fic Separation Scheme consists of four parts: an Eastern Approach, a South- Latitude Longitude eastern Approach, a Two-Way Traffic 38°28.80′ N 74°39.30′ W Route, and a Precautionary Area. The 38°45.10′ N 74°56.60′ W specific areas in the Off Delaware Bay Approach Traffic Separation Scheme (c) A traffic lane for south-eastbound and Precautionary Area are described traffic is established between the sepa- in §§ 167.171 through 167.174. ration zone and a line connecting the following geographic positions: [CGD 97–004, 65 FR 12945, Mar. 10, 2000] Latitude Longitude

38°42.80′ N 74°58.90′ W

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Latitude Longitude § 167.200 In the approaches to Chesa- ° ′ ° ′ peake Bay Traffic Separation 38 27.00 N 74 45.40 W Scheme: General. (a) The traffic separation scheme in [CGD 97–004, 65 FR 12945, Mar. 10, 2000] the approaches to Chesapeake Bay con- § 167.173 Off Delaware Bay: Two-Way sists of three parts: a Precautionary Traffic Route. Area, an Eastern Approach, and a Southern Approach. The Southern Ap- The Two-Way Traffic Route is rec- proach consists of inbound and out- ommended for use predominantly by bound lanes for vessels drawing 13.5 tug and tow traffic transiting to and meters (45 feet) of fresh water or less, from the northeast in order to separate separated by a deep-water (DW) route such traffic from large, inbound vessel for inbound and outbound vessels with traffic. drafts exceeding 13.5 meters (45 feet) in (a) The Two-Way Traffic Route is fresh water and for naval aircraft car- bounded on the west and south by a riers. Each part is defined geographi- line connecting the following geo- cally, using North American Datum graphic positions: 1983 (NAD 83), in §§ 167.201, 167.202, Latitude Longitude 167.203. (b) All vessels approaching the Traf- 38°50.75′ N 75°03.40′ W fic Separation Scheme in the Ap- 38°47.50′ N 75°01.80′ W 38°48.32′ N 74°55.30′ W proaches to Chesapeake Bay should use 38°50.20′ N 74°49.73′ W the appropriate inbound or outbound 39°00.00′ N 74°40.23′ W traffic lane. (b) The two-way traffic route is [CGD 90–039, 59 FR 21937, Apr. 28, 1994] bounded on the east and north by a line connecting the following geographic § 167.201 In the approaches to Chesa- positions: peake Bay: Precautionary area. A precautionary area is established Latitude Longitude bounded by a circle with a two-mile ra- 39°00.00′ N 74°41.00′ W dius, centered on the following geo- 38°50.48′ N 74°50.30′ W graphic position: 38°48.80′ N 74°55.25′ W 38°48.33′ N 74°59.30′ W Latitude Longitude 38°49.10′ N 75°01.65′ W 38°51.27′ N 75°02.83′ W 36°56.14′ N 75°57.43′ W

[CGD 97–004, 65 FR 12945, Mar. 10, 2000] [CGD 90–039, 59 FR 21937, Apr. 28, 1994]

§ 167.174 Off Delaware Bay: Pre- § 167.202 In the approaches to Chesa- cautionary area. peake Bay: Eastern approach. A precautionary area is established (a) A separation line is established as follows: from 38°42.80′ N, 74°58.90′ W; connecting the following geographic then northerly by an arc of eight nau- positions: tical miles centered at 38°48.90′ N, 75°05.60′ W to 38°48.32′ N, 74°55.30′ W; Latitude Longitude then westerly to 38°47.50′ N, 75°01.80′ W; 36°58.66′ N 75°48.63′ W then northerly to 38°50.75′ N, 75°03.40′ 36°56.79′ N 75°55.08′ W W; then northeasterly to 38°51.27′ N, 75°02.83′ W; then northerly to 38°54.80′ (b) An inbound traffic lane is estab- N, 75°01.60′ W; then westerly by an arc lished between the separation line and of 6.7 nautical miles centered at a line connecting the following geo- 38°48.90′ N, 75°05.60′ W to 38°55.53′ N, graphical positions: ° ′ 75 05.87 W; then southwesterly to Latitude Longitude 38°54.00′ N, 75°08.00′ W; then southerly to 38°46.60′ N, 75°03.55′ W; then south- 36°59.14′ N 75°48.88′ W ° ′ ° ′ easterly to 38°42.80′ N, 74°58.90′ W. 36 57.24 N 75 55.34 W Datum: NAD 83. (c) An outbound traffic lane is estab- [CGD 97–004, 65 FR 12946, Mar. 10, 2000] lished between the separation line and

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a line connecting the following geo- Whistle Buoy CB on the south end, or graphical positions: Chesapeake Bay Junction Lighted Buoy CBJ on the north end of the Latitude Longitude route; 36°56.29′ N 75°54.93′ W (2) Avoid, as far as practicable, over- 36°58.18′ N 75°48.48′ W taking other vessels operating in the deep-water route; and [CGD 90–039, 59 FR 21937, Apr. 28, 1994] (3) Keep as near to the outer limit of the route which lies on the vessel’s § 167.203 In the approaches to Chesa- starboard side as is safe and prac- peake Bay: Southern approach. ticable. (a) An inbound traffic lane is estab- (f) Vessels other than those listed in lished between separation lines run- paragraph (d) of this section should not ning through the following geo- use the deep-water route. graphical positions: [CGD 90–039, 59 FR 21937, Apr. 28, 1994, as Latitude Longitude amended by 59 FR 28449, June 1, 1994]

36°50.33′ N 75°46.29′ W ATLANTIC GULF COAST 36°52.90′ N 75°51.52′ W ° ′ ° ′ 36 55.96 N 75 54.97 W § 167.350 In the approaches to Gal- 36°55.11′ N 75°55.23′ W 36°52.35′ N 75°52.12′ W veston Bay Traffic Separation 36°49.70′ N 75°46.80′ W Scheme and precautionary areas. (a) An inshore precautionary area (b) An outbound traffic lane is estab- bounded by a line connecting the fol- lished between separation lines run- lowing geographical positions: ning through the following geographical positions: Latitude Longitude ° ′ ° ′ Latitude Longitude (1) 29 18.10 N 94 39.20 W (2) 29°16.10′ N 94°37.00′ W 36°49.52′ N 75°46.94′ W (3) 29°18.00′ N 94°34.90′ W 36°52.18′ N 75°52.29′ W (4) 29°19.40′ N 94°37.10′ W 36°54.97′ N 75°55.43′ W (5) 29°19.80′ N 94°38.10′ W 36°54.44′ N 75°56.09′ W 36°51.59′ N 75°52.92′ W ° ′ ° ′ (b) A traffic separation zone bounded 36 48.87 N 75 47.42 W by a line connecting the following geo- (c) A deep-water route is established graphical positions: between lines running through the fol- Latitude Longitude lowing geographical positions: (6) 29°17.13′ N 94°35.86′ W Latitude Longitude (7) 29°09.55′ N 94°25.80′ W (8) 29°09.41′ N 94°25.95′ W 36°55.11′ N 75°55.23′ W (9) 29°17.00′ N 94°36.00′ W 36°52.35′ N 75°52.12′ W 36°49.70′ N 75°46.80′ W (c) A traffic lane for inbound (north- 36°49.52′ N 75°46.94′ W 36°52.18′ N 75°52.29′ W westerly heading) traffic is established 36°54.97′ N 75°55.43′ W between the separation zone and a line connecting the following geographical (d) The following vessels should use positions: the deep-water route established in paragraph (c) of this section when Latitude Longitude bound for Chesapeake Bay from sea or (3) 29°18.00′ N 94°34.90′ W to sea from Chesapeake Bay: (10) 29°11.20′ N 94°24.00′ W (1) Deep draft vessels (drafts greater than 13.5 meters/45 feet in fresh water). (d) A traffic lane for outbound (2) Naval aircraft carriers. (southeasterly heading) traffic is estab- (e) It is recommended that a vessel lished between the separation zone and using the deep-water route established line connecting the following geo- in paragraph (c) of this section— graphical positions: (1) Announce its intention on VHF- FM Channel 16 as it approaches Chesa- Latitude Longitude peake Bay Southern Approach Lighted (2) 29°16.10′ N 94°37.00′ W

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Latitude Longitude (2) The precautionary area is bounded to the east by a line connecting the fol- ° ′ ° ′ (11) 29 07.70 N 94 27.80 W lowing geographic positions:

(e) An offshore precautionary area Latitude Longitude bounded by a line connecting the following geographical positions: 37°42.70′ N 122°34.60′ W. 37°45.90′ N 122°38.00′ W. ° ′ ° ′ Latitude Longitude 37 50.30 N 122 38.00 W

(11) 29°07.70′ N 94°27.80′ W (b) A pilot boarding area is located (12) 29°06.40′ N 94°26.20′ W near the center of the precautionary ° ′ ° ′ (13) 29 06.40 N 94 23.90 W area described in paragraph (a) of this (14) 29°09.10′ N 94°20.60′ W (10) 29°11.20′ N 94°24.00′ W section. Due to heavy vessel traffic, mariners are advised not to anchor or NOTE: A pilot boarding area is located near linger in this precautionary area ex- the center of the inshore precautionary area. cept to pick up or disembark a pilot. Due to heavy vessel traffic, mariners are advised not to anchor or linger in this pre- § 167.402 Off San Francisco: Northern cautionary area except to pick up or dis- approach. embark a pilot. (a) A separation zone is bounded by a [CGD 81–080, 48 FR 36456, Aug. 11, 1983. Redes- line connecting the following geo- ignated by CGD 84–004, 52 FR 33589, Sept. 4, graphical positions: 1987; CGD 89–019, 54 FR 28062, July 5, 1989; 54 FR 51972, Dec. 19, 1989] Latitude Longitude

37°48.40′ N 122°47.60′ W PACIFIC WEST COAST 37°56.70′ N 123°03.70′ W 37°55.20′ N 123°04.90′ W SOURCE: USCG–1999–5700, 65 FR 46605, July 37°47.70′ N 122°48.20′ W 31, 2000, unless otherwise noted. (b) A traffic lane for north-westbound § 167.400 Off San Francisco Traffic traffic is established between the sepa- Separation Scheme: General. ration zone and a line connecting the The Off San Francisco Traffic Sepa- following geographical positions: ration Scheme consists of six parts: a Precautionary Area, a Northern Ap- Latitude Longitude proach, a Southern Approach, a West- 37°49.20′ N 122°46.70′ W. ern Approach, a Main Ship Channel, 37°58.00′ N 123°02.70′ W. and an Area To Be Avoided. The specific areas in the Off San Francisco (c) A traffic lane for south-eastbound TSS and Precautionary Area are de- traffic is established between the sepa- scribed in §§ 167.401 through 167.406 of ration zone and a line connecting the this chapter. The geographic coordi- following geographical positions: nates in §§ 167.401 through 167.406 are defined using North American Datum Latitude Longitude 1983 (NAD 83). 37°53.90′ N 123°06.10′ W. 37°46.70′ N 122°48.70′ W. § 167.401 Off San Francisco: Pre- cautionary area. § 167.403 Off San Francisco: Southern (a)(1) A precautionary area is estab- approach. lished bounded to the west by an arc of (a) A separation zone is bounded by a a circle with a radius of 6 miles cen- line connecting the following geo- tering upon geographical position graphical positions: 37°45.00′ N, 122°41.50′ W and connecting the following geographical positions: Latitude Longitude ° ′ ° ′ Latitude Longitude 37 39.10 N 122 40.40 W. 37°27.00′ N 122°40.40′ W. 37°42.70′ N 122°34.60′ W. 37°27.00′ N 122°43.00′ W. 37°50.30′ N 122°38.00′ W. 37°39.10′ N 122°43.00′ W.

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(b) A traffic lane for northbound traf- tion line and a line connecting the fol- fic is established between the separa- lowing geographical positions: tion zone and a line connecting the following geographical positions: Latitude Longitude 37°45.80′ N 122°37.70′ W. Latitude Longitude 37°47.80′ N 122°30.80′ W. 37°39.30′ N 122°39.20′ W. 37°27.00′ N 122°39.20′ W. (c) A traffic lane for westbound traffic is established between the separa- (c) A traffic lane for southbound traf- tion line and a line connecting the fol- fic is established between the separa- lowing geographical positions: tion zone and a line connecting the following geographical positions: Latitude Longitude 37°46.20′ N 122°37.90′ W. Latitude Longitude 37°46.90′ N 122°35.30′ W. 37°48.50′ N 122°31.30′ W. 37°27.00′ N 122°44.30′ W. 37°39.40′ N 122°44.30′ W. § 167.406 Off San Francisco: Area to be § 167.404 Off San Francisco: Western avoided. approach. A circular area to be avoided, with a (a) A separation zone is bounded by a radius of half of a nautical mile, is cen- line connecting the following geo- tered upon geographic position: graphical positions: Latitude Longitude

Latitude Longitude 37°45.00′ N 122°41.50′ W. 37°41.90′ N 122°48.00′ W. 37°38.10′ N 122°58.10′ W. § 167.450 In the Santa Barbara Chan- 37°36.50′ N 122°57.30′ W. ° ′ ° ′ nel Traffic Separation Scheme: Gen- 37 41.10 N 122 47.20 W. eral. (b) A traffic lane for south-westbound The Traffic Separation Scheme in traffic is established between the sepa- the Santa Barbara Channel is described ration zone and a line connecting the in §§ 167.451 and 167.452. The geographic following geographical positions: coordinates in §§ 167.451 and 167.452 are defined using North American Datum Latitude Longitude 1983 (NAD 83). 37°42.80′ N 122°48.50′ W. 37°39.60′ N 122°58.80′ W. § 167.451 In the Santa Barbara Chan- nel: Between Point Vicente and (c) A traffic lane for north-eastbound Point Conception. traffic is established between the sepa- (a) A separation zone is bounded by a ration zone and a line connecting the line connecting the following geo- following geographical positions: graphical positions:

Latitude Longitude Latitude Longitude

37°35.00′ N 122°56.50′ W. 34°20.90′ N 120°30.16′ W 37°40.40′ N 122°46.30′ W. 34°04.00′ N 119°15.96′ W. 33°44.90′ N 118°35.75′ W. 33°43.20′ N 118°36.95′ W. § 167.405 Off San Francisco: Main ship 34°02.20′ N 119°17.46′ W. channel. 34°18.90′ N 120°30.96′ W. (a) A separation line connects the fol- (b) A traffic lane for north-westbound lowing geographical positions: traffic is established between the sepa- Latitude Longitude ration zone and a line connecting the following geographical positions: 37°45.90′ N 122°38.00′ W. ° ′ ° ′ 37 47.00 N 122 34.30 W. Latitude Longitude 37°48.10′ N 122°31.00′ W. 34°21.80′ N 120°29.96′ W. (b) A traffic lane for eastbound traf- 34°04.80′ N 119°15.16′ W. ° ′ ° ′ fic is established between the separa- 33 45.80 N 118 35.15 W.

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(c) A traffic lane for south-eastbound § 167.501 In the approaches to Los An- traffic is established between the sepa- geles/Long Beach: Precautionary ration zone and a line connecting the area. following geographical positions: (a) The precautionary area consists of the water area enclosed by the Los Latitude Longitude Angeles-Long Beach breakwater and a 33°42.30′ N 118°37.55′ W. line connecting Point Fermin Light at 34°01.40′ N 119°18.26′ W. 33°42.30′ N, 118°17.60′ W, with the fol- 34°18.00′ N 120°31.16′ W. lowing geographical positions:

Latitude Longitude § 167.452 In the Santa Barbara Chan- nel: Between Point Conception and 33°35.50′ N 118°17.60′ W. Point Arguello. 33°35.50′ N 118°09.00′ W. 33°37.70′ N 118°06.50′ W. (a) A separation zone is bounded by a 33°43.40′ N 118°10.80′ W. line connecting the following geographical positions: (b) Pilot boarding areas are located within the precautionary area de- Latitude Longitude scribed in paragraph (a) of this section. Specific regulations pertaining to ves- 34°20.90′ N 120°30.16′ W. 34°18.90′ N 120°30.96′ W. sels operating in these areas are con- 34°25.70′ N 120°51.81′ W. tained in 33 CFR 165.1109(d). 34°23.75′ N 120°52.51′ W. [USCG–2000–7695, 65 FR 53913, Sept. 6, 2000]

(b) A traffic lane for westbound traf- § 167.502 In the approaches to Los An- fic is established between the separa- geles-Long Beach: Western ap- tion zone and a line connecting the fol- proach. lowing geographical positions: (a) A separation zone is bounded by a line connecting the following geo- Latitude Longitude graphical positions: 34°21.80′ N 120°29.96′ W. 34°26.60′ N 120°51.51′ W. Latitude Longitude 33°37.70′ N 118°17.60′ W. (c) A traffic lane for eastbound traf- 33°36.50′ N 118°17.60′ W. fic is established between the separa- 33°36.50′ N 118°23.10′ W. tion zone and a line connecting the fol- 33°43.20′ N 118°36.90′ W. 33°44.90′ N 118°35.70′ W. lowing geographical positions: 33°37.70′ N 118°20.90′ W.

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

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[USCG–2000–7695, 65 FR 53913, Sept. 6, 2000] Latitude Longitude § 167.503 In the approaches to Los An- 60°11.01′ N 146°28.65′ W geles-Long Beach TSS: Southern ap- 60°05.47′ N 146°00.01′ W proach. 60°00.81′ N 146°03.53′ W 60°05.44′ N 146°27.58′ W (a) A separation zone is established 59°51.80′ N 146°37.51′ W bounded by a line connecting the fol- 59°53.52′ N 146°46.84′ W lowing geographic positions: 60°07.76′ N 146°36.24′ W 60°11.51′ N 146°46.64′ W Latitude Longitude 60°20.60′ N 146°54.31′ W 33°35.50′ N 118°10.30′ W. 33°35.50′ N 118°12.75′ W. (b) Bligh Reef. A precautionary area 33°19.70′ N 118°03.50′ W. is established of radius 1.5 miles cen- ° ′ ° ′ 33 19.00 N 118 05.60 W. tered at geographical position 60°49.63′ N, 147°01.33′ W. (b) A traffic lane for northbound traffic is established between the separa- (c) Pilot boarding area. A pilot board- tion zone and a line connecting the fol- ing area located near the center of the lowing geographical positions: Bligh Reef precautionary area is established. Regulations for vessels oper- Latitude Longitude ating in these areas are in § 165.1109(d) 33°35.50′ N 118°09.00′ W. of this chapter. 33°20.00′ N 118°02.30′ W. [USCG–2001–10254, 67 FR 53743, Aug. 19, 2002] (c) A traffic lane for southbound traf- § 167.1702 In Prince William Sound: fic is established between the separa- Prince William Sound Traffic Sepa- tion zone and a line connecting the fol- ration Scheme. lowing geographical positions: The Prince William Sound Traffic Latitude Longitude Separation Scheme consists of the following: 33°35.50′ N 118°14.00′ W. 33°18.70′ N 118°06.75′ W. (a) A separation zone bounded by a line connecting the following geo- [USCG–2000–7695, 65 FR 53913, Sept. 6, 2000] graphical positions:

§ 167.1700 In Prince William Sound: Latitude Longitude General. 60°20.77′ N 146°52.31′ W The Prince William Sound Traffic 60°48.12′ N 147°01.78′ W Separation Scheme consists of four 60°48.29′ N 146°59.77′ W parts: Prince William Sound Traffic 60°20.93′ N 146°50.32′ W Separation Scheme, Valdez Arm Traf- fic Separation Scheme, and two pre- (b) A traffic lane for northbound traf- cautionary areas. These parts are de- fic between the separation zone and a scribed in §§ 167.1701 through 167.1703. line connecting the following geo- The geographic coordinates in graphical positions: §§ 167.1701 through 167.1703 are defined Latitude Longitude using North American Datum 1983 (NAD 83). 60°20.59′ N 146°48.18′ W 60°49.49′ N 146°58.19′ W [USCG–2001–10254, 67 FR 53743, Aug. 19, 2002] (c) A traffic lane for southbound traf- § 167.1701 In Prince William Sound: Precautionary areas. fic between the separation zone and a line connecting the following geo- (a) Cape Hinchinbrook. A pre- graphical positions: cautionary area is established and is bounded by a line connecting the fol- Latitude Longitude lowing geographical positions: 60°49.10′ N 147°04.19′ W Latitude Longitude 60°20.60′ N 146°54.31′ W

60°20.59′ N 146°48.18′ W 60°12.67′ N 146°40.43′ W [USCG–2001–10254, 67 FR 53743, Aug. 19, 2002]

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§ 167.1703 In Prince William Sound: (Pub. L. 101–380). The regulations will Valdez Arm Traffic Separation reduce the risk of oil spills from laden, Scheme. single hull tankers over 5,000 GT by re- The Valdez Arm Traffic Separation quiring that these tankers be escorted Scheme consists of the following: by at least two suitable escort vessels. (a) A separation zone bounded by a The escort vessels will be immediately line connecting the following geo- available to influence the tankers’ graphical positions: speed and course in the event of a steering or propulsion equipment fail- Latitude Longitude ure, thereby reducing the possibility of 60°51.08′ N 147°00.33′ W groundings or collisions. 60°58.60′ N 146°48.10′ W (b) The regulations in this part estab- 60°58.30′ N 146°47.10′ W lish minimum escort vessel require- 60°50.45′ N 146°58.75′ W ments. Nothing in these regulations should be construed as relieving the (b) A traffic lane for northbound traf- master of a tanker from the duty to op- fic between the separation zone and a erate the vessel in a safe and prudent line connecting the following geo- manner, taking into account the navi- graphical positions: gational constraints of the waterways Latitude Longitude to be traversed, other vessel traffic, and anticipated weather, tide, and sea ° ′ ° ′ 60 49.39 N 146 58.19 W conditions, which may require reduced 60°58.04′ N 146°46.52′ W speeds, greater assistance from escort (c) A traffic lane for southbound traf- vessels, or other operational pre- fic between the separation zone and a cautions. line connecting the following geo- § 168.05 Definitions. graphical positions: As used in this part— Latitude Longitude Disabled tanker means a tanker expe- 60°58.93′ N 146°48.86′ W riencing a loss of propulsion or steering 60°50.61′ N 147°03.60′ W control. Escort transit means that portion of [USCG–2001–10254, 67 FR 53743, Aug. 19, 2002] the tanker’s voyage through waters where escort vessels are required. Escort vessel means any vessel that is PART 168—ESCORT REQUIREMENTS assigned and dedicated to a tanker dur- FOR CERTAIN TANKERS ing the escort transit, and that is fendered and outfitted with towing Sec. gear as appropriate for its role in an 168.01 Purpose. emergency response to a disabled tank- 168.05 Definitions. 168.10 Responsibilities. er. 168.20 Applicable vessels. Laden means transporting in bulk 168.30 Applicable cargoes. any quantity of applicable cargo, ex- 168.40 Applicable waters and number of es- cept for clingage and residue in other- cort vessels. wise empty cargo tanks. 168.50 Performance and operational require- Single hull tanker means any self-pro- ments. pelled tank vessel that is not con- 168.60 Pre-escort conference. structed with both double bottom and AUTHORITY: Section 4116(c), Pub. L. 101–380, double sides in accordance with the 104 Stat. 520 (46 U.S.C. 3703 note); Depart- provisions of 33 CFR 157.10d. ment of Homeland Security Delegation No. Tanker master means the licensed on- 170.1, para. 2(82). board person in charge of the tanker. SOURCE: CGD 91–202, 59 FR 42968, Aug. 19, Tanker owner or operator means the 1994, unless otherwise noted. owner or shoreside organization (individual, corporation, partnership, or as- § 168.01 Purpose. sociation), including a demise (a) This part prescribes regulations charterer, responsible for the overall in accordance with section 4116(c) of management and operation of the the Oil Pollution Act of 1990 (OPA 90) tanker.

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§ 168.10 Responsibilities. (b) Puget Sound and certain associated waters: Each tanker to which this part (a) The tanker owner or operator applies must be escorted by at least shall: two escort vessels in those navigable (1) select escort vessels that can meet waters of the United States and Wash- the performance requirements of this ington State east of a line connecting part; and New Dungeness Light with Discovery (2) inform the tanker master of the Island Light and all points in the performance capabilities of the se- Puget Sound area north and south of lected escort vessels. This information these lights. This area includes all the must be provided to the master before navigable waters of the United States beginning the escort transit. within Haro Strait, Rosario Strait, the (b) The tanker master shall operate Strait of Georgia, Puget Sound, and the tanker within the performance ca- Hood Canal, as well as those portions pabilities of the escort vessels, taking of the Strait of Juan de Fuca east of into account speed, sea and weather the New Dungeness-Discovery Island conditions, navigational consider- line. ations, and other factors that may change or arise during the escort tran- § 168.50 Performance and operational sit. requirements. (c) In an emergency, the tanker mas- (a) Except as provided in paragraph ter may deviate from the requirements (c) of § 168.10, at all times during the es- of this part to the extent necessary to cort transit each tanker to which this avoid endangering persons, property, or part applies: the environment, but shall imme- (1) Must be accompanied by escort diately report the deviation to the cog- vessels that meet the performance re- nizant Coast Guard Captain of the Port quirements of paragraph (b) of this sec- (COTP). tion (but not less than the number of escorts required by § 168.40). § 168.20 Applicable vessels. (2) Must have the escort vessels posi- The requirements of this part apply tioned relative to the tanker such that to laden, single hull tankers of 5,000 timely response to a propulsion or gross tons or more. steering failure can be effected. (3) Must not exceed a speed beyond § 168.30 Applicable cargoes. which the escort vessels can reasonably The requirements of this part apply be expected to safely bring the tanker to any petroleum oil listed in 46 CFR under control within the navigational Table 30.25–1 as a pollution category I limits of the waterway, taking into cargo. consideration ambient sea and weather conditions, surrounding vessel traffic, § 168.40 Applicable waters and number hazards, and other factors that may re- of escort vessels. duce the available sea room. The requirements of this part apply (b) The escort vessels, acting singly to the following waters: or jointly in any combination as need- (a) Prince William Sound: Each tanker ed, and considering their applied force to which this part applies must be es- vectors on the tanker’s hull, must be corted by at least two escort vessels in capable of— those navigable waters of the United (1) Towing the tanker at 4 knots in States within Prince William Sound, calm conditions, and holding it in Alaska, and the adjoining tributaries, steady position against a 45-knot bays, harbors, and ports, including the headwind; navigable waters of the United States (2) [Reserved] within a line drawn from Cape (3) Holding the tanker on a steady Hinchinbrook Light, to Seal Rocks course against a 35-degree locked rud- Light, to a point on Montague Island der at a speed of 6 knots; and at 60°14.6′ North, 146°59′ West, and the (4) Turning the tanker 90 degrees, as- waters of Montague Strait east of a suming a free-swinging rudder and a line between Cape Puget and Cape speed of 6 knots, within the same dis- Cleare. tance (advance and transfer) that it

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could turn itself with a hard-over rud- 169.15 Incorporation by reference: Where der. can I get a copy of the publications mentioned in this part? [CGD 91–202, 59 FR 42968, Aug. 19, 1994, as amended at 70 FR 55730, Sept. 23, 2005] Subpart B—Establishment of Two Manda- tory Ship Reporting Systems for the § 168.60 Pre-escort conference. Protection of Northern Right Whales (a) Before commencing an escort 169.100 What mandatory ship reporting sys- transit, the tanker master shall confer, tems are established by this subpart? by radio or in person, with the tanker 169.102 Who is the shore-based authority? pilot and the masters of the escort ves- 169.105 Where is the northeastern reporting sels regarding the escort operation. system located? (b) The purpose of the pre-escort con- 169.110 When is the northeastern reporting ference is for all parties to plan and system in effect? 169.115 Where is the southeastern reporting discuss particulars of the escort tran- system located? sit. 169.120 When is the southeastern reporting (c) At a minimum, the following top- system in effect? ics must be addressed during the pre- 169.125 What classes of ships are required to escort conference: make reports? (1) The destination, route, planned 169.130 When are ships required to make re- speed, other vessel traffic, anticipated ports? 169.135 How must the reports be made? weather, tide, and sea conditions, and 169.140 What information must be included other navigational considerations; in the report? (2) The type and operational status of communication, towing, steering, and Subpart C—Transmission of Long Range propulsion equipment on the tanker Identification and Tracking Information and escort vessels; 169.200 What is the purpose of this subpart? (3) The relative positioning and reac- 169.205 What types of ships are required to tion time for the escort vessels to move transmit LRIT information (position re- into assist positions, including, if ap- ports)? propriate, pre-tethering the escort ves- 169.210 Where during its international voy- sels at crucial points along the route; age must a ship transmit position re- (4) The preparations required on the ports? tanker and escort vessels, and the 169.215 How must a ship transmit position methods employed in making an emer- reports? 169.220 When must a ship be fitted with gency towline connection, including LRIT equipment? stationing of deck crews, preparation 169.225 Which Application Service Providers of messenger lines, bridles, and other may a ship use? towing gear, and energizing appro- 169.230 How often must a ship transmit posi- priate deck equipment; tion reports? (5) The manner in which an emer- 169.235 What exemptions are there from re- gency towline connection would be porting? 169.240 When may LRIT equipment be made (which escort vessel will respond, switched off? how messengers and towlines will be 169.245 What must a ship master do if LRIT passed, etc.); equipment is switched off or fails to op- (6) Other relevant information pro- erate? vided by the tanker master, pilot or es- AUTHORITY: 33 U.S.C. 1230(d), 1231; 46 U.S.C. cort vessel masters. 70115, Department of Homeland Security Del- egation No. 0170.1. PART 169—SHIP REPORTING SOURCE: USCG–1999–5525, 64 FR 29234, June SYSTEMS 1, 1999, unless otherwise noted.

Subpart A—General Subpart A—General Sec. § 169.1 What is the purpose of this 169.1 What is the purpose of this part? part? 169.5 How are terms used in this part defined? This subpart prescribes the require- 169.10 What geographic coordinates are ments for mandatory ship reporting used? systems. Ship reporting systems are

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used to provide, gather, or exchange in- until the ship returns to the United formation through radio reports. The States from its last foreign port. information is used to provide data for Long range identification and tracking many purposes including, but not lim- (LRIT) information or position report ited to: navigation safety, maritime se- means a report containing the fol- curity and domain awareness, environ- lowing information: mental protection, vessel traffic serv- (1) The identity of the ship; ices, search and rescue, weather fore- (2) The position of the ship (latitude casting and prevention of marine pollu- and longitude); and tion. (3) The date and time of the position NOTE TO § 169.1: For ship reporting system provided. requirements not established by the Coast LRIT Data Center means a center es- Guard, see 50 CFR Part 404. tablished by a SOLAS Contracting [USCG–1999–5525, 64 FR 29234, June 1, 1999, as Government or a group of Contracting amended by USCG–2005–22612, 73 FR 23318, Governments, or in the case of the Apr. 29, 2008; USCG–2009–0416, 74 FR 27442, International Data Center, by IMO, to June 10, 2009] request, receive, process, and archive § 169.5 How are terms used in this part LRIT information. An LRIT Data Cen- defined? ter may be National, Regional, Co-op- As used in this part— erative or International. Administration means the Govern- Mandatory ship reporting system ment of the State whose flag the ship means a ship reporting system that re- is entitled to fly. quires the participation of specified Cargo ship means any ship which is vessels or classes of vessels, and that is not a passenger ship. established by a government or govern- Flag Administration means the Gov- ments after adoption of a proposed sys- ernment of a State whose flag the ship tem by the International Maritime Or- is entitled to fly. ganization (IMO) as complying with all Gross tonnage means tonnage as de- requirements of regulation V/8–1 of the fined under the International Conven- International Convention for the Safe- tion on Tonnage Measurement of ty of Life at Sea, 1974, as amended Ships, 1969 (Incorporated by reference, (SOLAS), except paragraph (e) thereof. see § 169.15). Mobile offshore drilling unit means a Gross tons means vessel tonnage self-propelled vessel capable of engag- measured in accordance with the meth- ing in drilling operations for the explo- od utilized by the flag state adminis- ration or exploitation of subsea re- tration of that vessel. sources. High speed craft means a craft that is Passenger ship means a ship that car- operable on or above the water and is ries more than 12 passengers. capable of a maximum speed equal to Self-propelled ships means ships pro- or exceeding V=3.7×displ .1667, where pelled by mechanical means. ‘‘V’’ is the maximum speed and ‘‘displ’’ is the vessel displacement cor- Shore-based authority means the gov- responding to the design waterline in ernment appointed office or offices cubic meters. that will receive the reports made by High speed passenger craft means a ships entering each of the mandatory high speed craft carrying more than 12 ship reporting systems. The office or passengers. offices will be responsible for the man- International voyage means a voyage agement and coordination of the sys- from a country to which the present tem, interaction with participating International Convention for the Safe- ships, and the safe and effective oper- ty of Life at Sea (SOLAS), 1974 applies ation of the system. Such an authority to a port outside such country, or con- may or may not be an authority in versely. For U.S. ships, such voyages charge of a vessel traffic service. will be considered to originate at a United States means the States of the port in the United States, regardless of United States, the District of Colum- when the voyage actually began. Such bia, Guam, Puerto Rico, the Virgin Is- voyages for U.S. ships will continue lands, American Samoa, the Northern

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Mariana Islands, and any other terri- ods of testing and required test results, tory or possession of the United States. incorporation by reference approved for § 169.215. [USCG–1999–5525, 66 FR 58070, Nov. 20, 2001, as amended by USCG–2005–22612, 73 FR 23318, (2) [Reserved] Apr. 29, 2008] (c) International Maritime Organization (IMO), 4 Albert Embankment, London § 169.10 What geographic coordinates SE1 7SR, U.K. are used? (1) IMO Resolution MSC.202(81), Geographic coordinates expressed in adopted on May 19, 2006, Adoption of terms of latitude or longitude, or both, Amendments to the International Con- are not intended for plotting on maps vention for the Safety of Life at Sea, or charts where the referenced hori- 1974, as Amended, incorporation by ref- zontal datum is the North American erence approved for § 169.240. Datum of 1983 (NAD 83), unless such ge- (2) IMO Resolution MSC.210(81), ographic coordinates are expressly la- adopted on May 19, 2006, Performance beled NAD 83. Geographic coordinates Standards and Functional Require- without the NAD 83 reference may be ments for the Long-Range Identifica- plotted on maps or charts referenced to tion and Tracking of Ships, incorpora- NAD 83 only after application of the tion by reference approved for §§ 169.215 appropriate corrections that are pub- and 169.240. lished on the particular map or chart (3) IMO Resolution MSC.254(83), adopted on October 12, 2007, Adoption being used. of Amendments to the Performance § 169.15 Incorporation by reference: Standards and Functional Require- Where can I get a copy of the publi- ments for the Long-Range Identifica- cations mentioned in this part? tion and Tracking of Ships, incorpora- (a) Certain material is incorporated tion by reference approved for §§ 169.215 by reference into this part with the ap- and 169.240. proval of the Director of the Federal (4) IMO Resolution A.694(17), adopted Register under 5 U.S.C. 552(a) and 1 on November 6, 1991, General Require- CFR part 51. To enforce any edition ments for Shipborne Radio Equipment other than that specified in this sec- Forming Part of the Global Maritime Distress and Safety System (GMDSS) tion, the Coast Guard must publish no- and for Electronic Navigational Aids, tice of change in the FEDERAL REG- incorporation by reference approved ISTER and the material must be avail- for § 165.215. able to the public. All approved mate- (5) International Convention on Ton- rial is available for inspection at the nage Measurement of Ships, 1969, incor- National Archives and Records Admin- poration by reference approved for istration (NARA). For information on § 169.5. the availability of this material at NARA, call 202–741–6030 or go to http:// [USCG–2005–22612, 73 FR 23319, Apr. 29, 2008, www.archives.gov/federallregister/ as amended by USCG–2010–0351, 75 FR 36287, codeloflfederallregulations/ June 25, 2010] ibrllocations.html. Also, it is available for inspection at the Coast Guard, Of- Subpart B—Establishment of Two fice of Navigation Systems (CG–54132), Mandatory Ship Reporting 2100 2nd St. SW., Stop 7581, Wash- Systems for the Protection of ington, DC 20593–7581, and is available Northern Right Whales from the sources indicated in this section. § 169.100 What mandatory ship report- (b) International Electrotechnical Com- ing systems are established by this mission (IEC) Bureau Central de la Com- subpart? mission Electrotechnique Internationale, 3 This subpart prescribes requirements rue de Varembe´, P.O. Box 131, 1211 Ge- for the establishment and maintenance neva 20, Switzerland. of two mandatory ship reporting sys- (1) IEC 60945, Fourth edition 2002–08, tems for the protection of the endan- Maritime navigation and gered northern right whale (also known radiocommunication equipment and as the North Atlantic right whale). systems—General requirements—Meth- These two systems are designated for

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certain areas of the East Coast of the § 169.120 When is the southeastern re- United States. One system is located in porting system in effect? the northeast and is identified as The mandatory ship reporting sys- WHALESNORTH. The other system is tem in the southeastern United States located in the southeast and is identi- operates during the period beginning fied as WHALESSOUTH. on November 15 each year through NOTE TO § 169.100: 50 CFR 224.103(c) contains April 16 of the following year. requirements and procedures concerning northern right whale approach limitations [USCG–1999–5525, 66 FR 58070, Nov. 20, 2001] and avoidance procedures. § 169.125 What classes of ships are re- [USCG–1999–5525, 64 FR 29234, June 1, 1999, as quired to make reports? amended by 66 FR 58070, Nov. 20, 2001] Each self-propelled ship of 300 gross § 169.102 Who is the shore-based au- tons or greater must participate in the thority? reporting systems, except government The U.S. Coast Guard is the shore- ships exempted from reporting by regu- based authority for these mandatory lation V/8–1(c) of SOLAS. However, ex- ship reporting systems. empt ships are encouraged to participate in the reporting systems. § 169.105 Where is the northeastern reporting system located? [USCG–1999–5525, 66 FR 58070, Nov. 20, 2001] Geographical boundaries of the § 169.130 When are ships required to northeastern area include the waters of make reports? Cape Cod Bay, Massachusetts Bay, and Participating ships must report to the Great South Channel east and southeast of Massachusetts. The co- the shore-based authority upon enter- ordinates (NAD 83) of the area are as ing the area covered by a reporting sys- follows: from a point on Cape Ann, tem. Additional reports are not nec- Massachusetts at 42°39′ N, 70°37′ W; then essary for movements made within a northeast to 42°45′ N, 70°13′ W; then system or for ships exiting a system. southeast to 42°10′ N, 68°31′ W; then south to 41°00′ N, 68°31′ W; then west to § 169.135 How must the reports be made? 41°00′ N, 69°17′ W; then northeast to 42°05′ N, 70°02′ W, then west to 42°04′ N, (a) A ship equipped with INMARSAT 70°10′ W; and then along the Massachu- C must report in IMO standard format setts shoreline of Cape Cod Bay and as provided in § 169.140 in table 169.140. Massachusetts Bay back to the point (b) A ship not equipped with on Cape Anne at 42°39′ N, 70°37′ W. INMARSAT C must report to the Coast Guard using other means, listed below § 169.110 When is the northeastern re- in order of precedence— porting system in effect? (1) Narrow band direct printing The mandatory ship reporting sys- (SITOR), tem in the northeastern United States (2) HF voice communication, or operates year-round. (3) MF or VHF voice communications. § 169.115 Where is the southeastern reporting system located? (c) SITOR or HF reports made directly to the Coast Guard’s Commu- Geographical boundaries of the nications Area Master Station Atlantic southeastern area include coastal wa- (CAMSLANT) in Chesapeake, VA, or ters within about 25 nautical miles (45 MF or VHF reports made to Coast kilometer) along a 90-nautical mile Guard activities or groups, should only (170-kilometer) stretch of the Atlantic be made by ships not equipped with seaboard in Florida and Georgia. The INMARSAT C. Ships in this category area coordinates (NAD 83) extends from must provide all the required informa- the shoreline east to longitude 80°51.6′ tion to the Coast Guard watchstander. W with the southern and northern boundaries at latitude 30°00′ N and [USCG–1999–5525, 64 FR 29234, June 1, 1999, as 31°27′ N, respectively. amended by 66 FR 58070, Nov. 20, 2001]

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§ 169.140 What information must be in- ard reporting and format requirements cluded in the report? listed in this section in table 169.140. Current email addresses and telex num- Each ship report made to the shore- bers are published annually in the US based authority must follow the stand- Coast Pilot.

TABLE 169.140—REQUIREMENTS FOR SHIP REPORTS

Telegraphy Function Information required

Name of system ...... System identifier ...... Ship reporting system WHALESNORTH or WHALESSOUTH. M ...... INMARSAT Number ...... Vessel INMARSAT number A ...... Ship ...... The name, call sign or ship station identity, IMO number, and flag of the vessel. B ...... Date and time of event ...... A 6-digit group giving day of month (first two digits), hours and minutes (last four digits). E ...... True course ...... A 3-digit group indicating true course. F ...... Speed in knots and tenths of knots ...... A 3-digit group. H ...... Date, time and point of entry into system Entry time expressed as in (B) and entry position expressed as-(1) a 4-digit group giving latitude in degrees and minutes suffixed with N(north) or S (south) and a 5-digit group giving longitude in degrees and minutes suffixed with E (east) or W (west); or (2) True bearing (first 3 digits) and distance (state distance) in nautical miles from a clearly identified landmark (state landmark) I ...... Destination and expected time of arrival Name of port and date time group expressed as in (B) L ...... Route information ...... Intended track.

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

Subpart C—Transmission of Long (b) A cargo ship, including high speed Range Identification and craft, of 300 gross tonnage or more. Tracking Information (c) A mobile offshore drilling unit while underway and not engaged in drilling operations. SOURCE: USCG–2005–22612, 73 FR 23319, Apr. 29, 2008, unless otherwise noted. § 169.210 Where during its international voyage must a ship trans- § 169.200 What is the purpose of this mit position reports? subpart? The requirements for the trans- This subpart implements Regulation 19–1 of SOLAS Chapter V (SOLAS V/19– mission of position reports, imposed by 1) and requires certain ships engaged the United States, vary depending on on an international voyage to transmit the relationship of the United States to vessel identification and position infor- a ship identified in § 169.205. mation electronically. This require- (a) Flag State relationship. A U.S. flag ment enables the Coast Guard to ob- ship engaged on an international voy- tain long range identification and age must transmit position reports tracking (LRIT) information and thus wherever they are located. heightens our overall maritime domain (b) Port State relationship. A foreign awareness, enhances our search and flag ship engaged on an international rescue operations, and increases our voyage must transmit position reports ability to detect anomalies and deter after the ship has announced its inten- transportation security incidents. tion to enter a U.S. port or place under requirements in 33 CFR part 160, sub- § 169.205 What types of ships are re- part C. quired to transmit LRIT informa- (c) Coastal State relationship. A for- tion (position reports)? eign flag ship engaged on an inter- The following ships, while engaged on national voyage must transmit posi- an international voyage, are required tion reports when the ship is within to transmit position reports: 1,000 nautical miles of the baseline of (a) A passenger ship, including high the United States, unless their Flag speed passenger craft. Administration, under authority of

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SOLAS V/19–1.9.1, has directed them Service Providers may also serve as an not to do so. ASP.

§ 169.215 How must a ship transmit po- § 169.230 How often must a ship trans- sition reports? mit position reports? A ship must transmit position re- A ship’s LRIT equipment must transports using Long Range Identification mit position reports at 6-hour intervals and Tracking (LRIT) equipment that unless a more frequent interval is re- has been type-approved by their Ad- quested remotely by an LRIT Data ministration. To be type-approved by Center. the Coast Guard, LRIT equipment must meet the requirements of IMO § 169.235 What exemptions are there Resolutions A.694(17), MSC.210(81), and from reporting? MSC.254(83), and IEC standard IEC A ship is exempt from this subpart if 60945 (Incorporated by reference, see it is— § 169.15). (a) Fitted with an operating auto- § 169.220 When must a ship be fitted matic identification system (AIS), with LRIT equipment? under 33 CFR 164.46, and operates only within 20 nautical miles of the United A ship identified in § 169.205 must be States baseline, equipped with LRIT equipment— (b) A warship, naval auxiliaries or (a) Before getting underway, if the other ship owned or operated by a ship is constructed on or after Decem- SOLAS Contracting Government and ber 31, 2008. used only on Government non-commer- (b) By the first survey of the radio in- cial service, or stallation after December 31, 2008, if the ship is— (c) A ship solely navigating the Great (1) Constructed before December 31, Lakes of North America and their con- 2008, and necting and tributary waters as far (2) Operates within— east as the lower exit of the St. Lam- (i) One hundred (100) nautical miles bert Lock at Montreal in the Province of the United States baseline, or of Quebec, Canada. (ii) Range of an Inmarsat geo- § 169.240 When may LRIT equipment stationary satellite, or other Applica- be switched off? tion Service Provider recognized by the Administration, with which continuous A ship engaged on an international alerting is available. voyage may switch off its LRIT equip- (c) By the first survey of the radio in- ment only when it is permitted by its stallation after July 1, 2009, if the ship Flag Administration, in circumstances is— detailed in SOLAS V/19–1.7, or in para- (1) Constructed before December 31, graph 4.4.1, of resolution MSC.210(81), 2008, and as amended by resolution MSC.254(83) (2) Operates within the area or range (Incorporated by reference, see § 169.15). specified in paragraph (b)(2) of this section as well as outside the range of an § 169.245 What must a ship master do Inmarsat geostationary satellite with if LRIT equipment is switched off or fails to operate? which continuous alerting is available. While operating in the area or range (a) If a ship’s LRIT equipment is specified in paragraph (b)(2) of this sec- switched off or fails to operate, the tion, however, a ship must install LRIT ship’s master must inform his or her equipment by the first survey of the Flag Administration without undue radio installation after December 31, delay. 2008. (b) The master must also make an entry in the ship’s logbook that § 169.225 Which Application Service states— Providers may a ship use? (1) His or her reason for switching A ship may use an Application Serv- the LRIT equipment off, or an entry ice Provider (ASP) recognized by its that the equipment has failed to oper- Administration. Some Communication ate, and

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(2) The period during which the LRIT tion for purposes of this section. All LRIT equipment was switched off or non- notifications for the U.S. Flag Administra- operational. tion, in addition to requests or questions about LRIT, should be communicated to the NOTE TO § 169.245: For U.S. vessels, the U.S. U.S. Coast Guard by e-mail addressed to Coast Guard serves as the Flag Administra- [email protected].

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