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659 Subpart D—Security Zones Subpart E—Restricted Waterfront

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659 Subpart D—Security Zones Subpart E—Restricted Waterfront Coast Guard, DHS § 165.T01–165 (a) No person may enter a safety zone (c) The Captain of the Port may take unless authorized by the COTP or the possession and control of any vessel in District Commander; the security zone; (b) No person may bring or cause to (d) The Captain of the Port may re- be brought into a safety zone any vehi- move any person, vessel, article, or cle, vessel, or object unless authorized thing from a security zone; by the COTP or the District Com- (e) No person may board, or take or mander; place any article or thing on board, (c) No person may remain in a safety any vessel in a security zone without zone or allow any vehicle, vessel, or ob- the permission of the Captain of the ject to remain in a safety zone unless Port; and authorized by the COTP or the District (f) No person may take or place any Commander; and article or thing upon any waterfront (d) Each person in a safety zone who facility in a security zone without the has notice of a lawful order or direc- permission of the Captain of the Port. tion shall obey the order or direction of the COTP or District Commander Subpart E—Restricted Waterfront issued to carry out the purposes of this Areas subpart. § 165.40 Restricted waterfront areas. Subpart D—Security Zones The Commandant, may direct the COTP to prevent access to waterfront § 165.30 Security zones. facilities, and port and harbor areas, (a) A security zone is an area of land, including vessels and harbor craft water, or land and water which is so therein. This section may apply to per- designated by the Captain of the Port sons who do not possess the credentials or District Commander for such time outlined in § 125.09 of this chapter when as is necessary to prevent damage or certain shipping activities are con- injury to any vessel or waterfront fa- ducted that are outlined in § 125.15 of cility, to safeguard ports, harbors, ter- this chapter. ritories, or waters of the United States or to secure the observance of the Subpart F—Specific Regulated rights and obligations of the United States. Navigation Areas and Limited (b) The purpose of a security zone is Access Areas to safeguard from destruction, loss, or FIRST COAST GUARD DISTRICT injury from sabotage or other subver- sive acts, accidents, or other causes of § 165.T01–165 Safety Zone: Ambrose a similar nature: Light, Offshore Sandy Hook, NJ, At- (1) Vessels, lantic Ocean. (2) Harbors, (a) Location. The following area is a (3) Ports, and Safety Zone: All navigable waters of (4) Waterfront facilities: the Atlantic Ocean within a 250 yard in the United States and all territory radius of Ambrose Light (LLNR 720) at and water, continental or insular, that position 40°27′00″ N, 73°48′00″ W, approxi- is subject to the jurisdiction of the mately 8.35 nautical miles east of United States. Sandy Hook, NJ. (b) Effective dates. This regulation is § 165.33 General regulations. effective from 11:59 p.m. on May 5, 2008 Unless otherwise provided in the spe- to 11:59 p.m. on November 1, 2008. cial regulations in Subpart F of this (c) Definitions. The following defini- part: tion applies to this section: On-scene (a) No person or vessel may enter or representative, means any commis- remain in a security zone without the sioned, warrant, and petty officers of permission of the Captain of the Port; the Coast Guard on board Coast Guard, (b) Each person and vessel in a secu- Coast Guard Auxiliary, and local, rity zone shall obey any direction or state, and federal law enforcement ves- order of the Captain of the Port; sels who have been authorized to act on 659 VerDate Aug<31>2005 10:38 Sep 03, 2008 Jkt 214130 PO 00000 Frm 00669 Fmt 8010 Sfmt 8010 Y:\SGML\214130.XXX 214130 erowe on PROD1PC64 with CFR § 165.T01–0301 33 CFR Ch. I (7–1–08 Edition) the behalf of the Captain of the Port, ized to enter and move within the secu- New York. rity zones of this section in the normal (d) Regulations. (1) The general regu- course of their operations. lations contained in 33 CFR 165.23 (2) Vessel operators desiring to enter apply. or operate within the security zone (2) In accordance with the general must contact the COTP or the COTP’s regulations in § 165.23 of this part, designated representative to obtain entry into, transiting, or anchoring permission by calling the Sector Bos- within this safety zone is prohibited ton Command Center at 617–223–5761 or unless authorized by the Captain of the via VHF–FM Channel 16. All persons Port New York, or his on-scene rep- and vessels granted permission to enter resentative. the security zone shall comply with the [USCG–2008–0373, 73 FR 30485, May 28, 2008] directions of the COTP or the COTP’s EFFECTIVE DATE NOTE: By USCG–2008–0373, authorized representative. 73 FR 30485, May 28, 2008, temporary [USCG–2008–0301, 73 FR 31613, June 3, 2008] § 165.T01–165 was added, effective May 5, 2008 through Nov. 1, 2008. EFFECTIVE DATE NOTE: By USCG–2008–0301, 73 FR 31613, June 3, 2008, temporary § 165.T01– § 165.T01–0301 Security Zone: Lique- 0301 was added, effective May 16, 2008 fied Natural Gas Carrier Transit through July 12, 2008. and Anchorage Operations, Massa- chusetts Bay, MA. § 165.T01–0372 Safety Zones: Northeast (a) Location. The following area is a Gateway, Deepwater Port, Atlantic security zone: Ocean, Boston, MA. All waters of Massachusetts Bay, (a) Location. The following areas are from surface to bottom, within a five safety zones: All navigable waters of hundred (500) meter radius of any Liq- the United States within a 500-meter uefied Natural Gas Carrier engaged in radius of the two submerged turret regasification or transfer, or otherwise loading buoys of the Northeast Gate- moored, anchored, or affixed to the way Deepwater Port located at 42°23′38″ Northeast Gateway Deepwater Port lo- N, 070°35′31″ W and 42°23′56″ N, 070°37′00″. cated in Massachusetts Bay at approxi- All coordinates are North American mate position 42°23′ N, 70°36′ W. Datum 1983. (b) Effective period. This section is ef- (b) Definitions. As used in this sec- fective from May 16, 2008, through July tion— 12, 2008. Authorized representative means a (c) Definitions. As used in this sec- Coast Guard commissioned, warrant, or tion— petty officer or a Federal, State, or Authorized representative means a local law enforcement officer des- Coast Guard commissioned, warrant, or ignated by or assisting the Captain of petty officer or a Federal, State, or the Port, Boston (COTP). local law enforcement officer des- means any facility or ignated by or assisting the Captain of Deepwater port the Port, Boston (COTP). structure meeting the definition of Deepwater port means any facility or deepwater port in 33 CFR 148.5. structure meeting the definition of Support vessel means any vessel meet- deepwater port in 33 CFR 148.5. ing the definition of support vessel in Support vessel means any vessel meet- 33 CFR 148.5. ing the definition of support vessel in (c) Regulations. (1) The general regu- 33 CFR 148.5. lations contained in 33 CFR 165.23 (d) Regulations. (1) In accordance with apply. the general regulations in § 165.33 of (2) In accordance with the general this part, entry into or movement regulations in § 165.23 of this part, within the security zones is prohibited entry into or movement within these unless authorized by the COTP or his/ zones is prohibited unless authorized her authorized representative. Support by the Captain of the Port, Boston. vessels assisting the Liquefied Natural Liquefied Natural Gas Carrier vessels Gas Carrier calling on the Northeast and related Support Vessels calling on Gateway Deepwater Port are author- the Northeast Gateway Deepwater Port 660 VerDate Aug<31>2005 10:38 Sep 03, 2008 Jkt 214130 PO 00000 Frm 00670 Fmt 8010 Sfmt 8010 Y:\SGML\214130.XXX 214130 erowe on PROD1PC64 with CFR Coast Guard, DHS § 165.100 are authorized to enter and move with- (ii) Effective Date. This rule will be ef- in the safety zones of this section in fective from 7:45 a.m. through 9:15 a.m. the normal course of their operations. on June 15, 2008. (3) All persons and vessels shall com- (b) Definition. As used in this section, ply with the Coast Guard Captain of designated representative means any the Port or authorized representative. Coast Guard commissioned, warrant, or (4) Upon being hailed by an author- petty officer, or any federal, state, or ized representative by siren, radio, local law enforcement officer author- flashing light or other means, the oper- ized to enforce this regulation on be- ator of the vessel shall proceed as di- half of the Coast Guard Captain of the rected. Port (COTP). (5) Persons and vessels may contact (c) Regulations. (1) In accordance with the Coast Guard to request permission the general regulations in section to enter the zone on VHF–FM Channel 165.23 of this part, entry into or re- 16 or via phone at 617–223–5761. maining in the safety zones described in paragraph (a) of this section is pro- [USCG–2008–0372, 73 FR 28041, May 15, 2008] hibited unless authorized by the COTP Boston, or the COTP’s designated rep- EFFECTIVE DATE NOTE: By USCG–2008–0372, 73 FR 28041, May 15, 2008, temporary resentative.
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