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. that is shipped, stored, or handled 160.3 Definitions. without the benefit of package, label, 160.5 Delegations. 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- mandant to command a Captain of the 160.101 Purpose. Port Zone as described in part 3 of this 160.103 Applicability. chapter. 160.105 Compliance with orders. 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- Commanding Officer, Vessel Traffic erations. Services means the Coast Guard officer 160.113 Prohibition of vessel operation and designated by the Commandant to cargo transfers. command a Vessel Traffic Service 160.115 Withholding of clearance. (VTS) as described in part 161 of this Subpart C—Notifications of Arrival, Haz- chapter. ardous Conditions, and Certain Dan- Deviation means any departure from gerous Cargoes any rule in this subchapter. 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. 160.208 Changes to a submitted NOA. ETA means estimated time of arrival. 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 gated authority under 33 CFR 1.01–30 to constructed or adapted to carry, or discharge the duties of the Captain of that carries, oil or hazardous material the Port that involve directing the op- in bulk as cargo or cargo residue. eration, movement, and anchorage of Vehicle means every type of convey- vessels within a Vessel Traffic Service ance capable of being used as a means area including management of vessel of transportation on land. traffic within anchorages, regulated Vessel means every description of navigation areas and safety zones, and watercraft or other artificial contriv- to enforce Vessel Traffic Service and ance used, or capable of being used, as ports and waterways safety regula- a means of transportation on water. tions. This authority may be exercised Vessel Traffic Services (VTS) means a by Vessel Traffic Center personnel. The service implemented under Part 161 of Vessel Traffic Center may, within the this chapter by the United States Vessel Traffic Service area, provide in- Coast Guard designed to improve the formation, make recommendations, or, safety and efficiency of vessel traffic to a vessel required under Part 161 of and to protect the environment. The this chapter to participate in a Vessel VTS has the capability to interact Traffic Service, issue an order, includ- with marine traffic and respond to traf- ing an order to operate or anchor as di- fic situations developing in the VTS rected; require the vessel to comply area. with orders issued; specify times of Vessel Traffic Service Area or VTS Area entry, movement or departure; restrict means the geographical area encom- operations as necessary for safe oper- passing a specific VTS area of service ation under the circumstances; or take as described in Part 161 of this chapter. other action necessary for control of This area of service may be subdivided the vessel and the safety of the port or into sectors for the purpose of allo- of the marine environment. cating responsibility to individual Ves- [CGD 79–026, 48 FR 35404, Aug. 4, 1983, as sel Traffic Centers or to identify dif- amended by CGD 88–037, 53 FR 21815, June 10, ferent operating requirements. 1988; CGD 90–020, 59 FR 36324, July 15, 1994] NOTE: Although regulatory jurisdiction is limited to the navigable waters of the United § 160.7 Appeals. States, certain vessels will be encouraged or (a) Any person directly affected by a may be required, as a condition of port safety zone or an order or direction entry, to report beyond this area to facili- issued under this subchapter may re- tate traffic management within the VTS area. quest reconsideration by the official VTS Special Area means a waterway who issued it or in whose name it was within a VTS area in which special op- issued. This request may be made oral- erating requirements apply. ly or in writing, and the decision of the official receiving the request may be [CGD 90–020, 59 FR 36323, July 15, 1994] rendered orally or in writing. (b) Any person directly affected by § 160.5 Delegations. the establishment of a safety zone or (a) District Commanders and Cap- by an order or direction issued by, or tains of the Ports are delegated the au- on behalf of, a Captain of the Port may thority to establish safety zones. appeal to the District Commander (b) Under the provisions of §§ 6.04–1 through the Captain of the Port. The and 6.04–6 of this chapter, District appeal must be in writing, except as al- Commanders and Captains of the Ports lowed under paragraph (e) of this sec- have been delegated authority to estab- tion, and shall contain complete sup- lish security zones. porting documentation and evidence (c) Under the provisions of § 1.05–1 of which the appellant wishes to have this chapter, District Commanders considered. Upon receipt of the appeal, have been delegated authority to estab- the District Commander may direct a lish regulated navigation areas. representative to gather and submit (d) Subject to the supervision of the documentation or other evidence which cognizant Captain of the Port and Dis- would be necessary or helpful to a reso- trict Commander, Commanding Offi- lution of the appeal. A copy of this doc- cers, Vessel Traffic Services are dele- umentation and evidence is made

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available to the appellant. The appel- mandant for Prevention. A copy of this lant is afforded five working days from documentation and evidence is made the date of receipt to submit rebuttal available to the appellant. The appel- materials. Following submission of all lant is afforded five working days from materials, the District Commander the date of receipt to submit rebuttal issues a ruling, in writing, on the ap- materials to the Assistant Com- peal. Prior to issuing the ruling, the mandant for Prevention. The decision District Commander may, as a matter of the Assistant Commandant for Pre- of discretion, allow oral presentation vention is based upon the materials on the issues. submitted, without oral argument or (c) Any person directly affected by presentation. The decision of the As- the establishment of a safety zone or sistant Commandant for Prevention is by an order or direction issued by, or issued in writing and constitutes final on behalf of, a District Commander, or agency action. who receives an unfavorable ruling on (e) If the delay in presenting a writ- an appeal taken under paragraph (b) of ten appeal would have significant ad- this section may appeal to the Area verse impact on the appellant, the ap- Commander through the District Com- peal under paragraphs (b) and (c) of mander. The appeal must be in writing, this section may initially be presented except as allowed under paragraph (e) orally. If an initial presentation of the of this section, and shall contain com- appeal is made orally, the appellant plete supporting documentation and must submit the appeal in writing evidence which the appellant wishes to within five days of the oral presen- have considered. Upon receipt of the tation to the Coast Guard official to appeal, the Area Commander may di- whom the presentation was made. The rect a representative to gather and written appeal must contain, at a min- submit documentation or other evi- imum, the basis for the appeal and a dence which would be necessary or summary of the material presented helpful to a resolution of the appeal. A orally. If requested, the official to copy of this documentation and evi- whom the appeal is directed may stay dence is made available to the appel- the effect of the action while the ruling lant. The appellant is afforded five is being appealed. working days from the date of receipt to submit rebuttal materials. Fol- [CGD 79–026, 48 FR 35404, Aug. 4, 1983, as amended by CGD 88–052, 53 FR 25122, July 1, lowing submission of all materials, the 1988; CGD 96–026, 61 FR 33668, June 28, 1996; Area Commander issues a ruling, in CGD 97–023, 62 FR 33364, June 19, 1997; USCG– writing, on the appeal. Prior to issuing 2002–12471, 67 FR 41333, June 18, 2002; USCG– the ruling, the Area Commander may, 2006–25150, 71 FR 39211, July 12, 2006; 72 FR as a matter of discretion, allow oral 17409, Apr. 9, 2007] presentation on the issues. (d) Any person who receives an unfa- Subpart B—Control of Vessel and vorable ruling on an appeal taken Facility Operations under paragraph (c) of this section, may appeal through the Area Com- § 160.101 Purpose. mander to the Assistant Commandant for Prevention (formerly known as the This subpart describes the authority Assistant Commandant for Marine exercised by District Commanders and Safety, Security and Environmental Captains of the Ports to insure the Protection), U.S. Coast Guard, Wash- safety of vessels and waterfront facili- ington, DC 20593. The appeal must be in ties, and the protection of the navi- writing, except as allowed under para- gable waters and the resources therein. graph (e) of this section. The Area The controls described in this subpart Commander forwards the appeal, all are directed to specific situations and the documents and evidence which hazards. formed the record upon which the order or direction was issued or the ruling § 160.103 Applicability. under paragraph (c) of this section was (a) This subpart applies to any— made, and any comments which might (1) Vessel on the navigable waters of be relevant, to the Assistant Com- the United States, except as provided

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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 [CGD 79–026, 48 FR 35404, Aug. 4, 1983, as subpart does not apply to any foreign amended by USCG–1998–3799, 63 FR 35531, vessel that is not destined for, or de- June 30, 1998] parting from, a port or place subject to 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- tain of the Port has reasonable cause § 160.105 Compliance with orders. 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 sel or structure damage, destruction, Port, if the District Commander or the or loss, each District Commander or Captain of the Port determines that Captain of the Port may: the vessel’s history of accidents, pollu- (1) Direct the handling, loading, un- tion incidents, or serious repair prob- loading, storage, and movement (in- lems creates reason to believe that the

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

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only one NOA containing the informa- (c) Vessels less than 500 gross tons tion required for the towing vessel and need not submit the International each barge under its control. Safety Management (ISM) Code Notice (Entry (7) to Table 160.206). [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as amended by USCG–2004–19963, 70 FR 74669, (d) Vessels operating solely between Dec. 16, 2005] ports or places in the continental United States need not submit the § 160.203 Exemptions. Cargo Declaration (Customs Form 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. (2) Oil Spill Recovery Vessels [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as (OSRVs) when engaged in actual spill amended by USCG–2003–14749, 68 FR 39313, response operations or during spill re- July 1, 2003; 68 FR 63735, Nov. 10, 2003] sponse exercises. EFFECTIVE DATE NOTE: By USCG–2002– (3) Vessels operating upon the fol- 11865, 68 FR 27908, May 22, 2003, in § 160.203, lowing waters: paragraphs (d) and (e) were suspended, effective 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. (6) Except for tank vessels, U.S. ves- (4) Division 5.1 oxidizing materials sels operating solely between ports or for which a permit is required under 49 places in the United States on the CFR 176.415 or for which a permit is re- Great Lakes. quired as a condition of a Research and

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Special Programs Administration ex- gation or to provide services for other emption. persons on board. (5) A liquid material that has a pri- Great Lakes means Lakes Superior, mary or subsidiary classification of Di- Michigan, Huron, Erie, and Ontario, vision 6.1 ‘‘poisonous material’’ as list- their connecting and tributary waters, ed in 49 CFR 172.101 that is also a ‘‘ma- the Saint Lawrence River as far as terial poisonous by inhalation,’’ as de- Saint Regis, and adjacent port areas. fined in 49 CFR 171.8 and that is in a Gross tons means the tonnage deter- bulk packaging, or that is in a quan- mined by the tonnage authorities of a tity in excess of 20 metric tons per ves- vessel’s flag state in accordance with sel when not in a bulk packaging. the national tonnage rules in force be- (6) Class 7, ‘‘highway route controlled fore the entry into force of the Inter- quantity’’ radioactive material or national Convention on Tonnage Meas- ‘‘fissile material, controlled ship- urement of Ships, 1969 (‘‘Convention’’). ment,’’ as defined in 49 CFR 173.403. For a vessel measured only under (7) Bulk liquefied chlorine gas and Annex I of the Convention, gross tons Bulk liquefied gas cargo that is flam- means that tonnage. For a vessel meas- mable and/or toxic and carried under 46 ured under both systems, the higher CFR 154.7. gross tonnage is the tonnage used for (8) The following bulk liquids: the purposes of the 300-gross-ton (i) Acetone cyanohydrin, threshold. (ii) Allyl alcohol, Hazardous condition means any condi- (iii) Chlorosulfonic acid, tion that may adversely affect the safe- (iv) Crotonaldehyde, ty 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, Crewmember means all persons carried or by the government of a foreign on board the vessel to provide naviga- country and that is not engaged in tion and maintenance of the vessel, its commercial service. machinery, systems, and arrangements Time charterer means the party who essential for propulsion and safe navi- hires a vessel for a specific amount of

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time. The owner and his crew manage but the charterer selects the ports of the vessel, but the charterer selects the destination. ports of destination. Voyage charterer means the party who [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as amended by USCG–2004–19963, 70 FR 74669, hires a vessel for a single voyage. The Dec. 16, 2005] owner and his crew manage the vessel,

§ 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 (ii) The date of issuance for the vessel’s Safety Management Certificate; and ...... 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

(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 provided in paragraphs (b) and (c) of EFFECTIVE DATE NOTE: By USCG–2002– this section, vessels must submit NOA 11865, 68 FR 27908, May 22, 2003, in § 160.206, in information required by § 160.206 (en- paragraph (a), item (8) in table 160.206 was tries 1 through 9 in Table 160.206) to the suspended, effective May 22, 2003. NVMC, United States Coast Guard, 408

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Coast Guard Drive, Kearneysville, WV the USCS Sea AMS by one of the fol- 25430, by: lowing methods: (1) Electronic submission via the (i) By direct connection with USCS electronic Notice of Arrival and Depar- or by purchasing the proper software; ture (eNOAD) and consisting of the fol- or lowing three formats: (ii) Using a service provider or a Port (i) A Web site that can be used to Authority. submit NOA information directly to (2) To become a participant in Sea the NVMC, accessible from the NVMC AMS, submitters must provide a letter web site at http://www.nvmc.uscg.gov; of intent to USCS prior to first submis- (ii) Electronic submission of Exten- sion. 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– (iii) Electronic submission via Micro- 2004–19963, 70 FR 74669, Dec. 16, 2005] 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) (2) E-mail at [email protected]. were suspended, effective May 22, 2003. Workbook available at http:// www.nvmc.uscg.gov; § 160.212 When to submit an NOA. (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 160.206 must be submitted electroni- more; or. port or place of destination; or (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 may be required, as a condition of port gate with particular caution and with- 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 VTS Special Area means a waterway vessel engaged in towing another vessel 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; to navigation; USCG–2003–14757, 68 FR 60569, Oct. 22, 2003; (5) A hazardous condition as defined USCG–2004–18057, 69 FR 34926, June 23, 2004; in § 160.203 of this chapter; CGD01–04–133, 72 FR 50058, Aug. 30, 2007; 72 FR 70780, Dec. 13, 2007; USCG–2008–0179, 73 FR (6) Improper operation of vessel 35016, June 19, 2008] 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 Bay Entrance Channel; Outer Bar bounded on the east by a line drawn Channel; Inner Bar Channel; Bolivar from Norton Point to Breezy Point; on Roads Channel; Galveston Channel; the south by a line connecting the en- Gulf ICW and Galveston-Freeport Cut- trance buoys at the Ambrose Channel, Off from Mile 346 to Mile 352; Texas Swash Channel, and Sandy Hook Chan- City Channel; Texas City Turning nel to Sandy Hook Point; and on the Basin; Texas City Canal Channel; southeast including the waters of Texas City Canal Turning Basin; Hous- Sandy Hook Bay south to a line drawn ton Ship Channel; Bayport Channel; at latitude 40°25′ N.; then west into wa- Bayport Turning Basin; Houston Turn- ters of the Raritan Bay to the Raritan 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 TABLE 161.35(B)—VTS HOUSTON/GALVESTON Kill Van Kull and Upper New York Bay PRECAUTIONARY AREAS north to a line drawn east-west from the Holland Tunnel Ventilator Shaft at Precautionary Radius Center point latitude 40°43.7′ N., longitude 74°01.6′ W. area name (yds.) Latitude Longitude in the Hudson River; and then continuing 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 tion in order to facilitate advance vessel Bayou. ° ′ ° ′ traffic management in the VTS area and to Jacintoport ..... 1000 29 44.8 N 95 06.0 W ° ′ ° ′ receive VTSNY advisories and/or assistance. Greens Bayou 1000 29 44.8 N 95 10.2 W 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.

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′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ 18.2 20.6 21.4 20.2 22.4 23.8 30.3 36.8 34.7 43.5 45.8 44.1 44.8 44.4 43.5 45.0 22.2 22.5 41.0 43.2 ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° OINTS 29 29 29 P EPORTING R ALVESTON /G OUSTON 161.35(C)—VTS H ABLE T Buoy (LB) ‘‘1C’’. and 12. and 26. Houston Ship Channel (HSC) LB 25 Geographic name Geographic description Latitude/ longitude Notes section. nator Desig- 1 ...... Galveston Bay Entrance Channel Galveston 2 Bay ...... Entrance CH Channel Entrance Bay Galveston Lighted Galveston Bay Entrance Channel LB 11 E ...... Bolivar Land Cut ...... W ...... Mile 349 Intracoastal Waterway (ICW) .. Pelican Cut ...... G ...... Mile 351 ICWT ...... Galveston Harbor ...... X Texas City Channel ...... Galveston Channel Lt. 2 ...... Houston Ship Channel ICW Inter- Texas City Channel Lt. 12 ...... 3 ...... 4 Lower Galveston Bay ...... P Red Fish Bar HSC Lt. 31 and LB 32 ...... 4A ...... Bayport Ship Channel HSC Lt. 53 & 54 ...... 5 Upper Galveston Bay ...... Bayport Ship Channel Lt. 8 and 96 ...... Morgan’s Point HSC Lt. 69 and 70 ...... 7 Exxon ...... HSC Lt. 91 ...... 8 Lynchburg HSC Lt. 109A ...... 9 Shell Oil ...... Ferry crossing ...... 10 Greens Bayou ...... Boggy Bayou 29 ...... 11 Hunting Bayou ...... HSC Lt. 152 ...... 12 Lyondell ...... Hunting Bayou Turning Basin...... 29 ...... 13 I–610 Bridge ...... Sims Bayou Turning Basin...... Buffalo Bayou I–610 Bridge 29 ...... 29 Houston Turning Basin ...... 29 29 29 29 29 29 29 29 29 29 29 29 29

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[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 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.

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

Designator Geographic name Geographic description Latitude/longitude‘ Notes

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 the Strait of Georgia, and all waters Francisco. adjacent to the above. The VTS area consists of all the nav- (a) Vessel Traffic Service Puget igable waters of San Francisco Bay Re- Sound participates in a U.S./Canadian gion south of the Mare Island Cause- Cooperative Vessel Traffic Service way Bridge and the Petaluma River (CVTS) to jointly manage vessel traffic Entrance Channel Daybeacon 19 and in the Juan de Fuca Region. The CVTS Petaluma River Entrace Channel Light for the Juan de Fuca Region consists of 20 and north of the Dumbarton Bridge; all waters of the Strait of Juan de Fuca its seaward approaches within a 38 nau- and its offshore approaches, southern tical mile radius of Mount Tamalpais Georgia Strait, the Gulf and San Juan Archipelagos, Rosario Strait, Boundary (37–55.8′ N., 122–34.6′ W.); and its navi- Pass and Haro Strait, bounded on the gable tributaries as far east as the port northwest by 48°35′45″ N.; and on the of Stockton on the San Joaquin River, southwest by 48°23′30″ N.; and on the as far north as the port of Sacramento west by the rhumb line joining 48°35′45″ on the Sacramento River. N., 124°47′30″ W. with 48°23′30″ N., [CGD 90–020, 59 FR 36324, July 15, 1994, as 124°48′37″ W.; and on the northeast in amended by CGD 95–033, 60 FR 28332, May 31, the Strait of Georgia, by a line drawn 1995] along 49° N. from Vancouver Island to Semiahmoo Bay; and on the southeast, § 161.55 Vessel Traffic Service Puget by a line drawn from McCurdy Point on Sound and the Cooperative Vessel the Quimper Peninsula to Point Par- Traffic Service for the Juan de Fuca Region. tridge on Whidbey Island. Canadian and United States Vessel Traffic Cen- The Vessel Traffic Service Puget ters (Tofino, B.C., Canada, Vancouver, Sound area consists of the navigable BC, Canada and Seattle, WA) manage waters of the United States bounded by traffic within the CVTS area irrespec- a line drawn from the Washington tive of the International Boundary. State coastline at 48°23′08″ N., 124°43′37″ (b) VTS Special Areas. (1) The W. on Cape Flattery to the Cape Flat- Rosario Strait VTS Special Area con- tery Light at 48°23′30″ N., 124°44′12″ W. sists of those waters bounded to the on Tatoosh Island, due west to the U.S. south by the center of Precautionary Territorial Sea Boundary; thence Area ‘‘RB’’ (a circular area of 2,500 northward along the U.S. Territorial yards radius centered at 48°26′24″ N., Sea Boundary to its intersection with 122°45′12″ W.), and to the north by the the U.S./Canada International Bound- center of Precautionary Area ‘‘C’’ (a ary; thence east along the U.S./Canada circular area of 2,500 yards radius cen- International Boundary through the tered at 48°40′34″ N., 122°42′44″ W.; Light- waters known as the Strait of Juan de ed Buoy ‘‘C’’); and Fuca, Haro Strait, Boundary Pass, and NOTE: The center of precautionary area the Strait of Georgia to the Wash- ‘‘RB’’ is not marked by a buoy. All pre- ington State coastline at 49°00′06″ N., cautionary areas are depicted on National 122°45′18″ W. (International Boundary Oceanic and Atmospheric Administration Range C Rear Light). This area in- (NOAA) nautical charts. cludes: Puget Sound, Hood Canal, Pos- (2) The Guemes Channel VTS Special session Sound, the San Juan Island Ar- Area consists of those waters bounded chipelago, Rosario Strait, Guemes to the west by Shannon Point on Channel, Bellingham Bay, the U.S. wa- Fidalgo Island and to the east by ters of the Strait of Juan de Fuca and Southeast Point on Guemes Island.

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(c) Additional VTS Special Area Op- scribed in § 167.1703 of this chapter); the erating Requirements. The following waters northeast of a line drawn from additional requirements are applicable shoreline to shoreline through the in the Rosario Strait and Guemes points 60°58.04′ N, 146°46.52′ W and Channel VTS Special Areas: 60°58.93′ N, 146°48.86′ W; and southwest (1) A vessel engaged in towing shall of a line bearing 307° True from Tongue not impede the passage of a vessel of Point at 61°02.10′ N, 146°40.00′ W. 40,000 dead weight tons or more. (c) The Valdez Narrows VTS Special (2) A vessel of less than 40,000 dead Area consists of those waters of Valdez weight tons is exempt from the provi- Arm, Valdez Narrows, and Port Valdez sion set forth in § 161.13(b)(1) of this northeast of a line bearing 307° True part. from Tongue Point at 61°02′06″ 146°40′ (3) A vessel of less than 100 meters in W.; and southwest of a line bearing 307° length is exempt from the provisions True from Entrance Island Light at set forth in § 161.13(b)(3) of this part. 61°05′06″ N., 146°36′42″ W. Approval will not be granted for: (d) Additional VTS Special Area Op- (i) A vessel of 100 meters or more in erating Requirements. The following length to meet or overtake; or cross or additional requirements are applicable operate within 2,000 yards (except when in the Valdez Narrows VTS Special crossing astern) of a vessel of 40,000 Area: dead weight tons or more; or (1) No VMRS User shall proceed (ii) A vessel of 40,000 dead weight tons north of 61° N. without prior approval or more to meet or overtake; or cross of the VTS. or operate within 2,000 yards (except when crossing astern) of a vessel of 100 (2) For a vessel listed in paragraph meters or more in length. (c)(3) of this section— (d) Reporting Point. Inbound vessels (i) Approval to enter this area will in the Strait of Juan de Fuca upon not be granted to a vessel when a tank crossing 124–W. vessel of more than 20,000 deadweight tons is navigating therein; [CGD 90–020, 59 FR 36324, July 15, 1994, as (ii) A northbound vessel shall remain amended by USCG–1998–3799, 63 FR 35531, ° June 30, 1998] south of 61 N. until the VTS has granted permission to proceed; and § 161.60 Vessel Traffic Service Prince (iii) A southbound vessel shall re- William Sound. main in Port Valdez east of 146°35′ W. (a) The VTS area consists of the nav- and north of 61°06′ N. until the VTS has igable waters of the United States granted permission to proceed. north of a line drawn from Cape (3) Paragraph (c)(2) of this section ap- Hinchinbrook Light to Schooner Rock plies to— Light, comprising that portion of (i) A vessel of 1600 gross tons or more; Prince William Sound between 146°30′ and W. and 147°20′ W. and includes Valdez (ii) A towing vessel of 8 meters or Arm, Valdez Narrows and Port Valdez. more in length, except for a vessel per- (b) The Valdez Arm VTS Special Area forming duties as an escort vessel as consists of the waters of the Valdez defined in 33 CFR Part 168. Arm Traffic Separation Scheme (de- (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..

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[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 162.155 Sandusky and Huron Harbors, Ohio. 162.160 Vermilion, Lorain, Cleveland, NAVIGATION REGULATIONS Fairport, Ashtabula, and Conneaut Har- bors, Ohio. Sec. 162.165 Buffalo and Rochester Harbors, New 162.1 General. York. 162.5 Definitions. 162.15 Manhasset Bay, N.Y.; seaplane re- 162.175 Black Rock Canal and Lock at Buf- stricted area. falo, New York. 162.20 Flushing Bay near La Guardia Air- 162.195 Santa Monica Bay, Calif.; restricted port, Flushing, N.Y.; restricted area. area. 162.30 Channel of Tuckerton Creek, N.J.; 162.200 Marina del Ray, Calif.; restricted navigation. area. 162.35 Channel of Christina River, Del.; 162.205 Suisun Bay, San Joaquin River Sac- navigation. ramento River, and connecting waters, 162.40 Inland waterway from Delaware CA. River to Chesapeake Bay, Del. and Md. 162.210 Lake Tahoe, Calif.; restricted areas (Chesapeake and Delaware Canal). along south shore. 162.65 All waterways tributary to the Atlan- 162.215 Lake Tahoe, Nev.; restricted area tic Ocean south of Chesapeake Bay and adjacent to Nevada Beach. all waterways tributary to the Gulf of 162.220 Hoover Dam, Lake Mead, and Lake Mexico east and south of St. Marks, Fla. Mohave (Colorado River), Ariz.-Nev. 162.75 All waterways tributary to the Gulf 162.225 Columbia and Willamette Rivers, of Mexico (except the Mississippi River, Washington and Oregon; administration its tributaries, South and Southwest and navigation. Passes and the Atchafalaya River) from St. Marks, Fla., to the Rio Grande. 162.230 Columbia River, Wash. 162.80 Mississippi River below mouth of 162.235 Puget Sound Area, Wash. Ohio River, including South and South- 162.240 Tongass Narrows, Alaska; naviga- west Passes. tion. 162.85 Yazoo Diversion Canal, Vicksburg, 162.245 Kenai River, Kenai, Alaska; use, ad- Miss., from its mouth at Kleinston Land- ministration, and navigation. ing to Fisher Street; navigation. 162.250 Port Alexander, Alaska; speed of 162.90 White River, Arkansas Post Canal, vessels. Arkansas River, and Verdigris River be- 162.255 Wrangell Narrows, Alaska; use, ad- tween Mississippi River, Ark., and ministration, and navigation. Catoosa, Okla.; use, administration, and 162.260 Channel leading to San Juan Harbor, navigation. P.R.; use, administration, and naviga- 162.100 Ohio River at Louisville, KY. tion. 162.105 Missouri River; administration and 162.270 Restricted areas in vicinity of Mari- navigation. time Administration Reserve Fleets. 162.110 Duluth-Superior Harbor, Minnesota and Wisconsin. AUTHORITY: 33 U.S.C. 1231; Department of 162.115 Keweenaw Waterway, Mich. Homeland Security Delegation No. 0170.1. 162.117 St. Marys River, Sault Ste. Marie, Michigan. SOURCE: CGD 75–082, 42 FR 51759, Sept. 29, 162.120 Harbors on Lake Michigan. 1977, unless otherwise noted. 162.125 Sturgeon Bay and the Sturgeon Bay Ship Canal, Wisc. § 162.1 General. 162.130 Connecting waters from Lake Huron Geographic coordinates expressed in to Lake Erie; general rules. 162.132 Connecting waters from Lake Huron terms of latitude or longitude, or both, to Lake Erie; communications rules. are not intended for plotting on maps 162.134 Connecting waters from Lake Huron or charts whose referenced horizontal to Lake Erie; traffic rules. datum is the North American Datum of 162.136 Connecting waters from Lake Huron 1983 (NAD 83), unless such geographic to Lake Erie; anchorage grounds. coordinates are expressly labeled NAD 162.138 Connecting waters from Lake Huron 83. Geographic coordinates without the to Lake Erie; speed rules. 162.140 Connecting waters from Lake Huron NAD 83 reference may be plotted on to Lake Erie; miscellaneous rules. maps or charts referenced to NAD 83 162.145 Monroe Harbor, Mich. only after application of the appro- 162.150 Maumee Bay and River, Ohio. priate corrections that are published

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on the particular map or chart being the extended center line of Runway No. used. 13–31 at La Guardia Airport. (b) The regulations. (1) All vessels tra- [CGD 86–082, 52 FR 33811, Sept. 8, 1987] versing in the area shall pass directly § 162.5 Definitions. through without unnecessary delay. (2) No vessels having a height of more The following definition applies to than 35 feet with reference to the plane this part: of mean high water shall enter or pass Merchant mariner credential or MMC through the area whenever visibility is means the credential issued by the less than one mile. Coast Guard under 46 CFR part 10. It combines the individual merchant § 162.30 Channel of Tuckerton Creek, mariner’s document, license, and cer- N.J.; navigation. tificate of registry enumerated in 46 (a) Power boats or other vessels pro- U.S.C. subtitle II part E as well as the pelled by machinery shall not proceed STCW endorsement into a single cre- at any time within the limits of these dential that serves as the mariner’s waters at a greater speed than 8 stat- qualification document, certificate of ute miles per hour. identification, and certificate of service. § 162.35 Channel of Christina River, Del.; navigation. [USCG–2006–24371, 74 FR 11212, Mar. 16, 2009] (a) That vessels of over 20 tons capac- § 162.15 Manhasset Bay, N.Y.; seaplane ity, propelled by machinery, shall not restricted area. proceed at any time within the limits (a) The restricted area. An area in of these waters at a greater speed than Manhasset Bay between the shore at 8 statute miles per hour. Manorhaven on the north and the § 162.40 Inland waterway from Dela- southerly limit line of the special an- ware River to Chesapeake Bay, Del. chorage area in Manhasset Bay, west and Md. (Chesapeake and Delaware area at Manorhaven (described in Canal). § 110.60 of this chapter), on the south; ° ′ (a) Applicability. The regulations in its axis being a line bearing 166 50 true this section are applicable to that part from latitude 40°50′17.337 N, longitude ° ′ of the inland waterway from Delaware 73 43 03.877 W, which point is on the River to Chesapeake Bay, Del. and Md., south side of Orchard Beach Boulevard between Reedy Point, Delaware River, at Manorhaven; and being 100 feet wide and Old Town Point Wharf, Elk River. for a distance of 380 feet in a southerly (b) Speed. No vessel in the waterway direction from the south side of Or- shall be raced or crowded alongside an- chard Beach Boulevard, and thence other vessel. Vessels of all types, in- flaring to a width of 300 feet at the cluding pleasure craft, are required to southerly limit line. travel at all times at a safe speed (b) The regulations. (1) Vessels shall throughout the canal and its ap- not anchor or moor within the re- proaches so as to avoid damage by suc- stricted area. tion or wave wash to wharves, land- (2) All vessels traversing the area ings, riprap protection, or other boats, shall pass directly through without un- or injury to persons. Pilots and vessel necessary delay, and shall give sea- operators transiting the canal and its planes the right-of-way at all times. approaches are warned that violation [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as of this rule may result in having their amended by USCG–2008–0179, 73 FR 35016, privilege to transit the canal sus- June 19, 2008] pended. Passages of vessels through the canal will be monitored and specific § 162.20 Flushing Bay near La Guardia cases will be investigated where dam- Airport, Flushing, N.Y.; restricted age by suction or wave wash does area. occur. Owners and operators of yachts, (a) The area. An area in the main motorboats, rowboats and other craft channel in Flushing Bay extending for are cautioned that large deep draft a distance of 300 feet on either side of ocean-going vessels and other large

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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 with moorings and lines which are suf- to permit free and unobstructed navi- ficient and proper. gation by all types of vessels and rafts (c) Right-of-way. All vessels pro- that normally use the various water- ceeding with the current shall have the ways or sections thereof. The District right-of-way over those proceeding Commander may specify the width of against the current. Large vessels or the fairway required in the various wa- tows must not overtake and attempt to terways under his charge. pass other large vessels or tows in the (2) Stoppage in waterway, anchorage or waterway. All small pleasure craft mooring. (i) No vessels or rafts shall an- shall relinquish the right-of-way to chor or moor in any of the land cuts or deeper draft vessels, which have a lim- other narrow parts of the waterway, ited maneuvering ability due to their except in case of an emergency. When- draft and size. ever it becomes necessary for a vessel (d) Stopping in waterway. Vessels will not be permitted to stop or anchor in or raft to stop in any such portions of the ship channel. the waterway it shall be securely fas- (e) Water skiing. Water skiing in the tened to one bank and as close to the waterway is prohibited between Reedy bank as possible. This shall be done Point and Welch Point. only at such a place and under such (f) Sailboats. Transiting the canal by conditions as will not obstruct or pre- vessels under sail is not permitted be- vent the passage of other vessels or tween Reedy Point and Welch Point. craft. Stoppages shall be only for such NOTE: The Corps of Engineers also has reg- periods as may be necessary. ulations dealing with this section in 33 CFR (ii) No vessel or raft will be allowed Part 207. to use any portion of the fairway as a mooring place except temporarily as § 162.65 All waterways tributary to the authorized above without the written Atlantic Ocean south of Chesapeake permission from the District Com- Bay and all waterways tributary to the Gulf of Mexico east and south of mander. St. Marks, Fla. (iii) When tied up, all vessels must be (a) Description. This section applies to moored by bow and stern lines. Rafts the following: and tows shall be secured at suffi- (1) Waterways. All navigable waters of ciently close intervals to insure their the United States, natural or artificial, not being drawn away from the bank including bays, lakes, sounds, rivers, by winds, currents or the suction of creeks, intracoastal waterways, as well passing vessels. Tow lines shall be as canals and channels of all types, shortened so that the different parts of which are tributary to or connected by the tow shall be as close together as other waterways with the Atlantic possible. In narrow sections, no vessel Ocean south of Chesapeake Bay or with or raft shall be tied abreast of another. the Gulf of Mexico east and south of (iv) Lights shall be displayed in ac- St. Marks, Florida. cordance with provisions of the Naviga- (2) United States property. All river tion Rules, International-Inland, Com- and harbor lands owned by the United mandant Instruction M16672.2 (series). States in or along the waterways de- (v) No vessel, even if fastened to the scribed in paragraph (a)(1) of this para- bank as prescribed in paragraph graph, including lock sites and all (b)(2)(i) of this section, shall be left structures thereon, other sites for Gov- without a sufficient crew to care for it ernment structures and for the accom- properly. modation and use of employees of the (vi) Vessels will not be permitted to United States, and rights of way and load or unload in any of the land cuts spoil disposal areas to the extent of except as a regular established landing Federal interest therein. or wharf without written permission (3) Vessels and rafts. The term ‘‘ves- secured in advance from the District sel’’ as used in this section includes all Commander.

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(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 (viii) Except in cases of emergency the bridge in small units, or singly if the dropping of anchors, weights, or necessary, or the tow will wait until other ground tackle, within areas occu- navigation conditions have improved pied by submarine cable or pipe cross- to such an extent that the tow can pass ings, is prohibited. Such crossings will through the bridge without damage. ordinarily be marked by signboards on (5) Projections from vessels. No vessel each bank of the shore or indicated on carrying a deck load which overhangs coast charts. or projects over the side of said vessel, (3) Speed. (i) Vessels shall proceed at or whose rigging projects over the side a speed which will not endanger other of the vessel so as to endanger passing vessels or structures and will not inter- vessels, wharves or other property, will fere with any work in progress incident enter or pass through any of the nar- to maintaining, improving, surveying row parts of the waterway. or marking the channel. (6) Meeting and passing. Vessels, on (ii) Official signs indicating limiting meeting or overtaking, shall give the speeds through critical portions of the proper signals and pass in accordance waterways shall be strictly obeyed. with the Navigation Rules, Inter- (iii) Vessels approaching and passing national-Inland, Commandant Instruc- through a bridge shall so govern their tion M16672.2 (series). Rafts shall give speed as to insure passage through the to vessels the side demanded by proper bridge without damage to the bridge or signal. All vessels approaching dredges its fenders. or other plant engaged on improve- (4) Assembly and handling of tows. (i) ments to a waterway, shall give the All vessels drawing tows and equipped signal for passing and slow down suffi- with rudders shall use two tow lines or ciently to stop if so ordered or if no an- a bridle and shorten them to the great- swering signal is received. On receiving est possible extent so as to have full the answering signal, they shall then control at all times. The various parts proceed to pass at a speed sufficiently of a tow shall be securely assembled slow to insure safe navigation. with the individual units connected by NOTE: The Corps of Engineers also has reg- lines as short as practicable. If nec- ulations dealing with this section in 33 CFR essary, as in the case of lengthy 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 CGD 93–072, 59 FR 39963, Aug. 5, require that tows be broken up and 1994; USCG–2000–7223, 65 FR 40058, June 29, may require the installation of a rud- 2000] der, drag or other approved steering device on the tow in order to avoid ob- § 162.75 All waterways tributary to the structing navigation or damaging the Gulf of Mexico (except the Mis- property of others, including aids to sissippi River, its tributaries, South navigation maintained by the United and Southwest Passes and States or under its authorization, by Atchafalaya River) from St. Marks, Fla., to the Rio Grande. collision or otherwise. (ii) No tow shall be drawn by a vessel (a) The regulations in this section that has insufficient power or crew to shall apply to: permit ready maneuverability and safe (1) Waterways. All navigable waters of handling. the U.S. tributary to or connected by (iii) Tows desiring to pass a bridge other waterways with the Gulf of Mex- shall approach the opening along the ico between St. Marks, Fla., and the axis of the channel so as to pass Rio Grande, Tex. (both inclusive), and through without danger of striking the the Gulf Intracoastal Waterway; except bridge or its fenders. No vessel or tow the Mississippi River, its tributaries, shall navigate through a drawbridge South and Southwest Passes, and the until the movable span is fully opened. Atchafalaya River above its junction

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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. (3) Vessels. The term ‘‘vessels’’ as Vessels shall reduce speed sufficiently used in this section includes all float- to prevent damage when passing other ing craft other than rafts. vessels or structures in or along the (b) Waterways: waterway. (1) A clear channel shall at all times (5) Size, assembly, and handling of be left open to permit free and unob- tows: structed navigation by all types of ves- (i) On waterways 150 feet wide or less, sels and tows normally using the var- tows which are longer than 1,180 feet, ious waterways covered by the regula- including the towing vessel, but ex- tions of this section cluding the length of the hawser, or (2) Fairway: The District Commander wider than one-half of the bottom may specify the width of the fairway width of the channel or 55 feet, which- required in the various waterways ever is less will not be allowed, except under his charge. when the District Commander has (3) Anchoring or mooring: given special permission or the water- (i) Vessels or tows shall not anchor way has been exempted from these re- or moor in any of the land cuts or strictions by the District Commander. other narrow parts of the waterway, Before entering any narrow section of except in an emergency, or with per- the Gulf Intracoastal Waterway, tows mission of the District Commander. in excess of one-half the channel width, Whenever it becomes necessary for a or 55 feet, will be required to stand by vessel or tow to stop in any such por- until tows which are less than one-half tions of the waterway, it shall be se- the channel width or 55 feet wide have curely fastened to one bank and as cleared the channel. When passing is close to the bank as possible. This shall be done only at such a place and under necessary in narrow channels, such conditions as will not obstruct or overwidth tows shall yield to the max- prevent the passage of other vessels or imum. Separate permission must be re- tows. Stoppages shall be only for such ceived from the District Commander periods as may be necessary. for each overlength or overwidth move- (ii) When tied up individually, all ment. In addition, the following excep- vessels and tows shall be moored by tions are allowed: bow and stern lines. Tows shall be se- (ii) Gulf Intracoastal Waterway—Be- cured at sufficiently frequent intervals tween mile 6.2 EHL (Inner Harbor Navi- to insure their not being drawn away gation Canal Lock) and mile 33.6 EHL form the bank by winds, currents, or tows of 78 feet in width will be allowed. the suction of passing vessels. Lines (iii) Gulf Intercoastal Waterway—Be- shall be shortened so that the various tween mile 33.6 EHL and the Mobile barges in a tow will be as close to- Bay Ship Channel, tows of 108 feet in gether as possible. width will be allowed if under 750 feet (iii) Lights shall be displayed in ac- in length including the towboat but ex- cordance with provisions of the Naviga- cluding the length of the hawser. tion Rules, International-Inland, Com- (iv) Gulf Intracoastal Waterway—Mo- mandant Instruction M16672.2 (series). bile Bay Ship Channel to St. Marks, (iv) Whenever any vessel or tow is Fla., for tows made up of empty barges moored to the bank (paragraph (b)(3)(i) on the off or shallow side, a width of 75 of this section) at least one crew mem- feet will be allowed. ber shall always remain on board to see (v) All vessels pulling tows not that proper signals are displayed and equipped with rudders in restricted that the vessel or tow is properly channels and land cuts shall use two moored at all times. towlines, or a bridle on one towline, (v) No vessel, regardless of size, shall shortened as much as safety of the tow- anchor in a dredged channel or narrow ing vessel permits, so as to have max- portion of a waterway for the purpose imum control at all times. The various

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parts of a tow shall be securely assem- posted on each side of the intersec- bled with the individual units con- tions. nected by lines as short as practicable. In open water, the towlines and fas- NOTE: The Corps of Engineers also has regulations dealing with this section in 33 CFR tenings between barges may be length- 207. ened so as to accommodate the wave surge. In the case of lengthy or cum- [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as bersome tows, or tows in restricted amended by CGD 78–050, 45 FR 43167, June 26, channels, the District Commander may 1980; USCG–2000–7223, 65 FR 40058, June 29, 2000; USCG–2008–0179, 73 FR 35016, June 19, require that tows be broken up, and 2008] may require the installation of a rudder or other approved steering device § 162.80 Mississippi River below mouth on the tow in order to avoid obstruct- of Ohio River, including South and ing navigation or damaging the prop- Southwest passes. erty of others. Pushing barges with (a) Mooring on the Mississippi River be- towing vessel astern, towing barges tween miles 311.5 AHP and 340.0 AHP. (1) with towing vessel alongside, or push- No vessel or craft shall moor along ei- ing and pulling barges with units of the ther bank of the Mississippi River be- tow made up both ahead and astern of tween miles 311.5 AHP and mile 340.0 the towing vessel are permissible pro- AHP except in case of an emergency, vided that adequate power is employed pursuant to an approved navigation to keep the tows under full control at permit, or as authorized by the District all times. No tow shall be drawn by a Commander. Vessels may be moored vessel that has insufficient power or crew to permit ready maneuverability any place outside the navigation chan- and safe handling. nel in this reach in case of an emer- (vi) All tows navigating the Pass gency and then for only the minimum Manchac bridges in Louisiana are lim- time required to terminate the emer- ited to no more than two barges, not to gency. When so moored, all vessels exceed a combined tow length of 400 shall be securely tied with bow and feet (excluding the towboat). Vessel op- stern lines of sufficient strength and erators for tows exceeding these limits fastenings to withstand currents, must request and receive permission winds, wave action, suction from pass- from the COTP New Orleans prior to ing vessels or any other forces which navigating the bridges. Requests might cause the vessels to break their should be made by telephoning the moorings. When vessels are so moored, COTP at 504–846–5923. Any decision a guard shall be on board at all times made by the COTP is final agency ac- to ensure that proper signals are dis- tion. played and that the vessels are se- (6) Projections from vessels: Vessels curely and adequately moored. or tows carrying a deck load which (2) Vessels may be moored any time overhangs or projects over the side, or at facilities constructed in accordance whose rigging projects over the side, so with an approved navigation permit or as to endanger passing vessels, as authorized by the District Com- wharves, or other property, shall not mander. When so moored, each vessel enter or pass through any of the nar- shall have sufficient fastenings to pre- row parts of the waterway without vent the vessels from breaking loose by prior approval of the District Com- wind, current, wave action, suction mander. from passing vessels or any other (7) Meeting and passing: Passing ves- forces which might cause the vessel to sels shall give the proper signals and break its mooring. The number of ves- pass in accordance with the Inter- sels in one fleet and the width of the national Rules, the Navigation Rules, fleet of vessels tied abreast shall not International-Inland, Commandant In- extend into the fairway or be greater struction M16672.2 (Series), where ap- than allowed under the permit. plicable. At certain intersections where (3) Mariners should report imme- strong currents may be encountered, diately by radio or fastest available sailing directions may be issued means to the lockmaster at Old River through navigation bulletins or signs Lock or to any government patrol or

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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 the responsibility and duty of the mas- Arkansas River and Catoosa, Okla.; ter of a towing vessel releasing or and reservoirs on these waterways be- mooring a vessel in this reach of the tween Mississippi River Ark., and Mississippi River to report such action Catoosa, Okla. immediately. (2) Bridges, wharves and other struc- (b) Mooring on Mississippi River below tures. All bridges, wharves, and other Baton Rouge, La., including South and structures in or over the waterways de- Southwest Passes. (1) When tied up indi- scribed in paragraph (a)(1) of this sec- vidually or in fleets, vessels shall be tion. moored with sufficient lines and shore (3) Vessels and rafts. The term ‘‘ves- fastenings to insure their remaining in sels’’ as used in this section includes place and withstanding the action of every description of watercraft used, or winds, currents and the suction of pass- capable of being used, as a means of ing vessels. transportation on water, other than NOTE: The Corps of Engineers also has reg- rafts. ulations dealing with this section in 33 CFR (b) Waterways: Part 207. (1) Fairway. A clear channel shall at (Sec. 7, 38 Stat. 1053, as amended, (33 U.S.C. all times be left open to permit free 471); Sec. 6(g)(1)(A) 80 Stat 937, (49 U.S.C. and unobstructed navigation by all 1655(g)(1)(A); Sec. 12, 92 Stat. 1471, (33 U.S.C. types of vessels and rafts that nor- 1231); 49 CFR 1.46 (c)(1) and (n)(4)) mally use the various waterways or [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as sections thereof. The District Com- amended by CGD 77–028, 46 FR 49851, Oct. 8, mander may specify the width of the 1981; CGD8 87–09, 53 FR 15555, May 2, 1988] fairway required in the waterways under his charge. § 162.85 Yazoo Diversion Canal, Vicks- burg, Miss., from its mouth at (2) Anchoring or mooring in waterway. Kleinston Landing to Fisher Street; (i) No vessels or rafts shall anchor or navigation. moor in any of the land cuts or other (a) Speed. Excessive speeding is pro- narrow parts of the waterway, except hibited. A vessel shall reduce its speed in an emergency. Whenever it becomes sufficiently to prevent any damage necessary for a vessel or raft to stop in when approaching another vessel in any such portions of the waterway, it motion or tied up, a wharf or other shall be securely fastened to one bank structure, works under construction, and as close to the bank as possible. plant engaged in river and harbor im- This shall be done only at such a place provement, levees, floodwalls with- and under such conditions as will not standing floodwaters, buildings sub- obstruct or prevent the passage of merged or partially submerged by high other vessels or rafts. Stoppages shall waters, or any other structure or im- be only for such periods as may be nec- provement likely to be damaged by col- essary. lision, suction, or wave action. (ii) Except temporarily, as authorized in paragraph (b)(2)(i) of this section, no NOTE: The Corps of Engineers also has reg- vessel or raft will be allowed to use any ulations dealing with this section in 33 CFR portion of the fairway as a mooring Part 207. place without written permission from § 162.90 White River, Arkansas Post the District Commander. Canal, Arkansas River, and Verdi- (iii) When tied up individually, all gris River between Mississippi vessels shall be moored by bow and River, Ark., and Catoosa, Okla.; use, stern lines. Rafts and tows shall be se- administration, and navigation. cured at sufficiently close intervals to (a) The regulations in this section insure their not being drawn away shall apply to: from the bank by winds, currents, or (1) Waterways. White River between the suction of passing vessels. Towlines Mississippi River and Arkansas Post shall be shortened so that the different

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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 (iv) When a vessel is moored under an any other manner of structure or im- emergency condition, as provided in provements likely to be damaged by paragraph (b)(2)(i) of this section, at collision, suction, or wave action. least one crew member shall remain in (4) Assembly and handling of tows. (i) attendance to display proper lights and All vessels drawing tows not equipped signals and tend the mooring lines. The with rudders in restricted channels and crew member shall be provided with an land cuts shall use two towlines, or a adequate means of communication or bridle on one towline, shortened to the signalling a warning in the event that, greatest possible extent so as to have for any reason, the vessel or tow should maximum control at all times. The go adrift. Immediately after comple- various parts of a tow shall be securely tion of the emergency mooring, the assembled with the individual units lockmaster of the first lock down- connected by lines as short as prac- stream shall be notified of the char- ticable. In open water, the towlines and acter and cargo of the vessel and the fastenings between barges may be location of such mooring. lengthened so as to accommodate the (v) Vessels will not be permitted to wave surge. In the case of length or load or unload in any of the land cuts, cumbersome tows, or tows in restricted except at a regular established landing channels, the District Commander may or wharf, without written permission require that tows be broken up, and secured in advance from the District may require the installation of a rud- Commander. der or other approved steering device (vi) Except in an emergency, no ves- on the tow in order to avoid obstruct- sel or raft shall anchor over revetted ing navigation or damaging the prop- banks of the waterway, nor shall any erty of others. Pushing barges with type vessel except launches and other towing vessel astern, towing barges small craft land against banks pro- with towing vessel alongside, or push- tected by revetment except at regular ing and pulling barges with units of the commercial landings. tow made up both ahead and astern of (3) Speed. (i) Excessive speed in nar- the towing vessel is permissible pro- row sections is prohibited. Official vided that adequate power is employed signs indicating limiting speeds to keep the tow under full control at through critical sections shall be all times. strictly obeyed. (ii) No tow shall be drawn by a vessel (ii) When approaching and passing that has insufficient power or crew to through a bridge, all vessels and rafts, permit ready maneuverability and safe regardless of size, shall control their handling. speed so as to insure that no damage (iii) No vessel or tow shall navigate will be done to the bridge or its fend- through a drawbridge until the mov- ers. able span is fully opened. (iii) Within the last mile of approach (5) Projections from vessels. No vessels to unattended, normally open auto- carrying a deck load which overhangs matic, movable span bridges, the factor or projects over the side, or whose rig- of river flow velocity, of vessel (and ging projects over the side, so as to en- tow) velocity, and of vessel power and danger passing vessels, wharves, or crew capability are never to be per- other property, shall enter or pass mitted to result in a condition whereby through any of the narrow parts of the the movement of vessel (and tow) can- waterway. not be completely halted or reversed (6) Meeting and passing. Vessels on within a 3-minute period. meeting or overtaking shall give the (iv) A vessel shall reduce its speed proper signals and pass in accordance sufficiently to prevent any damage with the Inland Rules and the Pilot when approaching another vessel in Rules for Inland Waters. Rafts shall motion or tied up, a wharf or other give to vessels the side demanded by

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proper signal. All vessels approaching § 162.105 Missouri River; administra- dredges or other plant engaged on im- tion and navigation. provements to a waterway shall give (a) Supervision. The District Com- the signal for passing and slow down mander, Eighth Coast Guard District, sufficiently to stop if so ordered or if has certain administrative supervision no answering signal is received. On re- overreaches of the river within the lim- ceiving the answering signal, they its of his district and is charged with shall then pass at a speed sufficiently the enforcement under his direction of slow to insure safe navigation. Vessels approaching an intersection or bend emergency regulations to govern navi- where the view is obstructed must ex- gation on the river. ercise due caution. At certain intersec- (b) Navigation. During critical flood tions where strong currents may be en- stages on any particular limited reach countered, sailing directions may be of the Missouri River when lives, float- issued from time to time through navi- ing plant, or major shore installations gation bulletins or signs posted on each and levees are endangered, the District side of the intersections which must be Commander in charge of the locality observed. shall have the authority to declare the reach of the river closed to navigation NOTE: The Corps of Engineers also has reg- or to prescribe temporary speed regula- ulations dealing with this section in 33 CFR Part 207. tions whenever it appears to him that such action is necessary to prevent im- [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as mediate human suffering or to miti- amended by USCG–2008–0179, 73 FR 35016, gate major property damage or de- June 19, 2008] struction from wave action. The period § 162.100 Ohio River at Louisville, KY. of closure and all speed regulations prescribed by the District Commander (a) Emergency Mooring Buoys. The shall be for the duration of the emer- U.S. Army Corp of Engineers has estab- gency as determined by the District lished four pairs of emergency mooring Commander and shall be terminated at bouys. Each buoy is 10 feet in diameter with retro-reflective sides. The two the earliest practicable time that im- buoys which comprise each pair are 585 proved river conditions permit. feet apart and are located approxi- [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as mately at: amended by USCG–1998–3799, 63 FR 35532, (1) Indiana Bank—Mile 582.3 (near 18 June 30, 1998] Mile Island); (2) Six Mile Island—Mile 597.5; § 162.110 Duluth-Superior Harbor, (3) Six Mile Island—Mile 598.2; and Minnesota and Wisconsin. (4) Kentucky Bank—Mile 599.8 (Cox’s (a) No vessel greater than 100 feet in Park). length may exceed 8 miles per hour in NOTE: All buoys, except those at Six Mile Duluth-Superior Harbor. Island—Mile 598.2, are removed between May (b) In the Duluth Ship Canal: 1 and September 30. Due to the close proximity of the municipal water intakes, moor- (1) No vessel may meet or overtake ing of tank vessels laden with petroleum another vessel if each vessel is greater products or hazardous materials is not au- than 150 feet in length (including tug thorized on the Kentucky Bank, Mile 599.8 and tow combinations). (Cox’s Park). (2) An inbound vessel has the right of (b) The regulations. A vessel must not way over an outbound vessel. use the emergency mooring buoys that have been established by the U.S. [CGD 79–151, 46 FR 7960, Jan. 26, 1981] Army Corps of Engineers, unless specifically authorized. The Captain of the § 162.115 Keweenaw Waterway, Mich. Port, upon request, may authorize the No vessel greater than 40 feet in use of the emergency mooring buoys by length may exceed 8 miles per hour be- downbound towing vessels that are tween Lily Pond and Pilgrim Point. awaiting Vessel Traffic Center approval to proceed. [CGD 79–151, 46 FR 7960, Jan. 26, 1981, as amended by CGD 09–00–010, 65 FR 53595, Sept. [CGD 90–020, 59 FR 36333, July 15, 1994] 5, 2000]

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§ 162.117 St. Marys River, Sault Ste. (d) Traffic Rules. (1) A vessel must Marie, Michigan. proceed only in the established direc- (a) The area. The waters of the St. tion of traffic flow in the following wa- Marys River and lower Whitefish Bay ters: from 45°57′ N. (De Tour Reef Light) to (i) West Neebish Channel from Buoy the south, to 46°38.7′ N. (Ile Parisienne ‘‘53’’ to Buoy ‘‘1’’—downbound traffic Light) to the north, except the waters only; of the St. Marys Falls Canal, and to (ii) Pipe Island Course from Sweets the east along a line from La Pointe to Point to Watson Reefs Light- Sims Point, within Potagannissing Bay downbound traffic only. and Worsley Bay. (iii) Middle Neebish Channel from (b) Definitions. As used in this sec- Buoy ‘‘2’’ to Buoy ‘‘76’’—upbound traf- tion: fic only; and Two-way route means a directional (iv) Pipe Island Passage to the east of route within defined limits inside Pipe Island Shoal and north of Pipe Is- which two-way traffic is established, land Twins from Watson Reefs Light to and which is intended to improve safe- Sweets Point—upbound traffic only. ty in waters where navigation is dif- (2) A vessel 350 feet or more in length ficult. must not overtake or approach within Two-way traffic means that traffic .2 nautical miles of another vessel pro- flow is permitted in opposing direc- ceeding in the same direction in the tions, but a vessel may not meet, cross, following waterways: nor overtake any other vessel in such a (i) West Neebish Channel between manner that it would be abreast of Nine Mile Point and Munuscong Lake more than one other vessel within the Junction Lighted Bell Buoy; defined limits of a waterway. (ii) Middle Neebish Channel between (c) Anchoring Rules. Munuscong Lake Junction Lighted Bell (1) A vessel must not anchor: Buoy and Nine Mile Point; and (i) within the waters between Brush (iii) Little Rapids Cut from Six Mile Point and the waterworks intake crib Point to Buoy ‘‘102’’. off Big Point southward of the Point (3) When two-way traffic is author- Aux Pins range; or ized in Middle Neebish Channel, a ves- (ii) within 0.2 nautical miles of the sel 350 feet or more in length must not intake crib off Big Point. meet, cross, or overtake another vessel (2) In an emergency, vessels may an- at: chor in a dredged channel. Vessels shall (i) Johnson Point from Buoy ‘‘18’’ to anchor as near to the edge of the chan- Buoy ‘‘22’’; nel as possible and shall get underway (ii) Mirre Point from Buoy ‘‘26’’ to as soon as the emergency ceases, unless Buoy ‘‘28’’; or otherwise directed. Vessel Traffic Serv- (iii) Stribling Point from Buoy ‘‘39’’ ices St. Marys River must be advised of to Buoy ‘‘43’’. any emergency anchoring as soon as is (4) Paragraph (d)(2) of this section practicable. does not apply to a vessel navigating (3) Vessels collected in any part of through an ice field. the VTS Area by reason of temporary (e) Winter Navigation. During the win- closure of a channel or an impediment ter navigation season, the following to navigation shall get underway and waterways are normally closed: depart in the order in which they ar- (1) West Neebish Channel, from Buoy rived, unless otherwise directed by Ves- ‘‘53’’ to Buoy ‘‘1’’; sel Traffic Service St. Marys River. (2) Pipe Island Passage to the east of Vessel Traffic Service St. Marys River Pipe Island Shoal; and may advance any vessel in the order of (3) North of Pipe Island Twins, from departure to expedite the movement of Watson Reef Light to Sweets Point. mails, passengers, cargo of a perishable (f) Alternate Winter Navigation Routes. nature, to facilitate passage of vessels (1) When West Neebish Channel is through any channel by reason of spe- closed, Middle Neebish Channel (from cial circumstance, or to facilitate pas- Buoy ‘‘2’’ to Buoy ‘‘76’’) will be open ei- sage through the St. Marys Falls ther as a two-way route or an alter- Canal. nating one way traffic lane.

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(i) When Middle Neebish Channel is a TABLE 162.117(g)—ST. MARYS RIVER SPEED two-way route: RULES—Continued (A) An upbound vessel must use the easterly 197 feet of the channel. How- Maximum speed limit between Mph Kts ever, a vessel of draft 20 feet or more Upper limit of the St. Marys Falls Canal must not proceed prior to Vessel Traf- and Point Aux Pins Main Light ...... 12 10.4 fic Center approval; and Note: A vessel must not navigate any dredged channel at a (B) A downbound vessel must use the speed of less than 5 statute miles per hour (4.3 knots). westerly 295 feet of the channel. (2) Temporary speed limit regula- (ii) When Middle Neebish Channel is tions may be established by Com- an alternating one-way traffic lane. A manding Officer Vessel Traffic Service vessel must use the westerly 295 feet of St. Marys River. Notice of the tem- the channel in the established direc- porary speed limits and their effective tion of traffic flow. dates and termination are published in (2) When Pipe Island Passage is the FEDERAL REGISTER and Local No- closed, Pipe Island Course is a two-way tice to Mariners. These temporary route. speed limits, if imposed, will normally NOTE: The Vessel Traffic Service closes or be placed in effect and terminated dur- opens these channels as ice conditions re- ing the winter navigation season. quire after giving due consideration to the (h) Towing Requirement. A towing ves- protection of the marine environment, wa- sel must: (1) Maintain positive control terway improvements, aids to navigation, of its tow south of Gros Cap Reef Light; the need for cross channel traffic (e.g., ferries), the availability of icebreakers, and the (2) Not impede the passage of any safety of the island residents who, in the other vessel; course of their daily business, must use nat- (3) Not tow a vessel of 200 feet or less urally formed ice bridges for transportation in length with a tow line longer than to and from the mainland. Under normal sea- 250 feet; and sonal conditions, only one closing each win- (4) Not tow a vessel of 200 feet or ter and one opening each spring are anticipated. Prior to closing or opening these more in length with a tow line longer channels, interested parties including both than the length of the towed vessel shipping entities and island residents, will be plus 50 feet. given at least 72 hours notice by the Coast Guard. [CGD 90–020, 59 FR 36333, July 15, 1994, as amended by CGD 95–033, 60 FR 28333, May 31, (g) Speed Rules. (1) The following 1995; USCG–1998–3799, 63 FR 35532, June 30, speed limits indicate speed over the 1998; USCG–2003–15404, 68 FR 37741, June 25, ground. Vessels must adhere to the fol- 2003] lowing speed limits: § 162.120 Harbors on Lake Michigan. TABLE 162.117(g)—ST. MARYS RIVER SPEED (a) No vessel greater than 40 feet in RULES length may exceed 8 miles per hour in Maximum speed limit between Mph Kts the harbors of Michigan City, Indiana; St. Joseph, South Haven, Saugatuck, De Tour Reef Light and Sweets Point Holland (Lake Macatawa), Grand Light ...... 14 12.2 Haven, Muskegon, White Lake, Round Island Light and Point Aux Frenes Light ‘‘21’’ ...... 14 12.2 Pentwater, Ludington, Manistee, Por- Munuscong Lake Lighted Buoy ‘‘8’’ and tage Lake (Manistee County), Frank- Everens Point ...... 12 10.4 fort, Charlevois, and Petroskey, Michi- Everens Point and Reed Point ...... 9 7.8 gan. Reed Point and Lake Nicolet Lighted Buoy ‘‘62’’ ...... 10 8.7 (b) No vessel greater than 40 feet in Lake Nicolet Lighted Buoy ‘‘62’’ and Lake length may exceed 4 miles per hour in Nicolet Light ‘‘80’’ ...... 12 10.4 the harbors of Menominee, Michigan Lake Nicolet Light ‘‘80’’ and Winter Point and Wisconsin; Algoma, Kewaunee, (West Neebish Channel) ...... 10 8.7 Two Rivers, Manitowac, Sheboygan, Lake Nicolet Light ‘‘80’’ and Six Mile Point Range Rear Light ...... 10 8.7 Port Washington, Milwaukee, Racine, Six Mile Point Range Rear Light and Kenosha and Green Bay, Wisconsin; lower limit of the St. Marys Falls Canal and Waukegan, Illinois. Upbound ...... 8 7.0 Downbound ...... 10 8.7 [CGD 79–151, 46 FR 7960, Jan. 26, 1981]

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§ 162.125 Sturgeon Bay and the Stur- 162.140 apply to all U.S. vessels and all geon Bay Ship Canal, Wisc. other vessels in U.S. waters. (a) In the Sturgeon Bay Ship Canal: (2) The speed rules in § 162.138 apply (1) No vessel may exceed 5 miles per to vessels 20 meters or more in length. hour. (3) The communication rules in (2) No vessel greater than 150 feet in § 162.132, the traffic rules in § 162.134, ex- length (including tug and tow combina- cept for § 162.134(c)(2), and the anchor- tions) may come about. age rules in § 162.136 apply to the fol- (3) No vessel 65 feet or greater in lowing vessels: length (including tug and tow combina- (i) Vessels of 20 meters or more in tions) may either: length; (i) Enter or pass through the canal (ii) Commercial vessels more than 8 two or more abreast; or meters in length engaged in towing an- (ii) Overtake another vessel. other vessel astern, alongside, or by (4) No vessel may anchor or moor un- pushing ahead; and less given permission to do so by the (iii) Each dredge and floating plant. Captain of the Port. (4) The traffic rules contained in (5) Each vessel must keep to the cen- § 162.134(c)(2) apply to the following ves- ter, except when meeting or overtaking sels: another vessel. (i) Sailing vessels of 20 meters or (b) In Sturgeon Bay and the Sturgeon more in length; Bay Ship Canal: (ii) Power driven vessels of 55 meters (1) Each laden vessel under tow must or more in length; be towed with at least two towlines. (iii) Vessels engaged in towing an- Each towline must be shortened to the other vessel astern, alongside or by extent necessary to provide maximum pushing ahead; and control of the tow. (iv) Each dredge and floating plant. (2) Each unladen vessel may be towed (c) Definitions. As used in §§ 162.130 with one towline. through 162.140: (3) No towline may exceed 100 feet in Captain of the Port means the United length. States Coast Guard Captain of the Port (4) No vessel may tow another vessel of Detroit, Michigan. alongside. Detroit River means the connecting (5) No vessel may tow a raft greater waters from Windmill Point Light to than 50 feet in width. the lakeward limits of the improved NOTE: The Corps of Engineers also has reg- navigation channels at the head of ulations dealing with these areas in 33 CFR Lake Erie. Part 207. District Commander means Com- mander, Ninth Coast Guard District, [CGD 79–151, 46 FR 7960, Jan. 26, 1981] Cleveland, Ohio. § 162.130 Connecting waters from Lake Master means the master or operator, Huron to Lake Erie; general rules. the person designated by the master or operator to navigate the vessel, or, on (a) Purpose. The regulations in §§ 162.130 through 162.140 prescribe rules a vessel not requiring persons holding for vessel operation in U.S. waters con- licenses or merchant mariner creden- necting Lake Huron to Lake Erie (in- tial officer endorsements, the person in cluding the River Rouge) to prevent command of the vessel. collisions and groundings, to protect River Rouge means the waters of the waterway improvements, and to pro- Short Cut Canal and the River Rouge tect these waters from environmental from Detroit Edison Cell Light 1 to the harm resulting from collisions and head of navigation. groundings. St. Clair River means the connecting waters from the lakeward limit of the NOTE: The Canadian Government has issued similar regulations which apply in the improved navigation channel at the Canadian portion of the waterway. Provi- lower end of Lake Huron to St. Clair sions which apply only in Canadian waters Flats Canal Light 2. are noted throughout the text. SARNIA TRAFFIC means the Cana- (b) Applicability. (1) Unless otherwise dian Coast Guard traffic center at specified, the rules in §§ 162.130 through Sarnia Ontario.

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(d) Laws and regulations not affected. paragraph (d) of this section at the lo- The regulations in §§ 162.130 through cation indicated in Table I. 162.140 do not relieve the owners or operators of vessels from complying with TABLE I any other laws or regulations relating Downbound Upbound to navigation on the Great Lakes and vessels Reporting points vessels their connecting or tributary waters. Report ...... 30 Minutes North of Lake (e) Delegations. The District Com- Huron Cut. mander, in coordination with appro- Lighted Horn Buoy ‘‘11’’ priate Canadian officials, may make Report ...... Lake Huron Cut Light ‘‘7’’ local arrangements that do not conflict Lake Huron Cut Lighted Buoy Report. ‘‘1’’. with these regulations in the interest Report ...... St. Clair/Black River Junction Report. of safety of operations, to facilitate Light. traffic movement and anchorage, to Stag Island Upper Light ...... Report. avoid disputes as to jurisdiction and to Report ...... Marine City Salt Dock Light ... Report. Report ...... Grande Pointe Light ‘‘23’’ take necessary action to render assist- St. Clair Flats Canal Light ‘‘2’’ Report. ance in emergencies. This authority Report ...... Lake St. Clair Light ...... Report. may be redelegated. Report ...... Belle Isle Light Report ...... Grassy Island Light ...... Report. [CGD 78–151, 49 FR 18301, Apr. 30, 1984; 49 FR Report ...... Detroit River Light ...... Report. 26722, June 29, 1984, as amended by CGD 85– 060, 51 FR 17016, May 8, 1986; CGD 93–024, 58 (f) Additional traffic reports. (1) A re- FR 59365, Nov. 9, 1993; USCG–2006–24371, 74 FR port shall be made upon leaving any 11213, Mar. 16, 2009] dock, mooring, or anchorage, in the Detroit River, Lake St. Clair, and the § 162.132 Connecting waters from Lake St. Clair River except for— Huron to Lake Erie; communications rules. (i) Ferries on regular runs; and (ii) Vessels in the River Rouge. (a) Radio listening watch. The master (2) A report shall be made before ma- of each vessel required to comply with neuvering to come about. this section shall continuously mon- (3) A report shall be made— itor: (i) 20 minutes before entering or de- (1) Channel 11 (156.55 mhz) between parting the River Rouge; and Lake Huron Cut Lighted Buoy 11 and (ii) Immediately before entering or Lake St. Clair Light; and departing the River Rouge. (2) Channel 12 (156.60 mhz) between (g) Report of impairment or other haz- Lake St. Clair Light and Detroit River ard. The master of a vessel shall report Light. to SARNIA TRAFFIC as soon as pos- (b) Radiotelephone equipment. Reports sible: required by this section shall be made (1) Any condition on the vessel that by the master using a radiotelephone may impair its navigation, including capable of operation on a vessel’s navi- but not limited to: fire, defective steer- gation bridge, or in the case of a ing equipment, or defective propulsion dredge, from its main control station. machinery. (c) English language. Reports required (2) Any tow that the towing vessel is by this section shall be made in the unable to control, or can control only English language. with difficulty. (d) Traffic reports. (1) Reports re- (h) Exemptions. Compliance with this quired by this section shall be made to section is not required when a vessel’s SARNIA TRAFFIC on the frequency radiotelphone equipment has failed. designated for the radio listening [CGD 78–151, 49 FR 18301, Apr. 30, 1984; 49 FR watch in paragraph (a) of this section. 26722, June 29, 1984, as amended by CGD 85– (2) Reports shall include the name of 060, 51 FR 17016, May 8, 1986; CGD 85-060, 51 the vessel, location, intended course of FR 37274, Oct. 21, 1986] action, and ETA at next reporting point. § 162.134 Connecting waters from Lake (e) Permanent reporting points. The Huron to Lake Erie; traffic rules. master of each vessel to which this sec- (a) Detroit River. The following traffic tion applies shall report as required by rules apply in the Detroit River:

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(1) The West Outer Channel is re- (e) The requirements of this section stricted to downbound vessels. do not apply to public vessels of the (2) The Livingston Channel, west of U.S. or Canada engaged in icebreaking Bois Blanc Island, is restricted to or servicing aids to navigation or to downbound vessels. vessels engaged in river and harbor im- NOTE: The Amherstburg Channel, in Cana- provement work. dian waters east of Bois Blanc Island, is nor- (f) The prohibitions in this section on mally restricted to upbound vessels. No ves- overtaking in certain areas do not sel may proceed downbound in the apply to vessels operating in the non- Amherstburg Channel without authorization from the Regional Director General. displacement mode. In this section, (3) Between Fighting Island Channel ‘‘nondisplacement mode’’ means a South Light and Bar Point Pier Light mode of operation in which the vessel 29D, no vessels shall meet or overtake is supported by hydrodynamic forces, in such a manner that more than two rather than displacement of its weight vessels would be abreast at any time. in the water, to an extent such that the (4) Between the west end of Belle Isle wake which would otherwise be gen- and Peche Island Light, vessels may erated by the vessel is significantly re- only overtake vessels engaged in tow- duced. ing. [CGD 78–151, 49 FR 18302, Apr. 30, 1984; 49 FR (b) River Rouge. In the River Rouge, 26722, June 29, 1984, as amended by CGD 09– no vessel shall overtake another vessel. 95–002, 60 FR 35701, July 11, 1995] (c) St. Clair River. The following traffic rules apply in the St. Clair River: § 162.136 Connecting waters from Lake (1) Between St. Clair Flats Canal Huron to Lake Erie; anchorage Light 2 and Russell Island Light 33, grounds. vessels may only overtake vessels en- (a) In the Detroit River, vessels shall gaged in towing. be anchored so as not to swing into the (2) Between Lake Huron Cut Lighted channel or across steering courses. Buoy 1 and Port Huron Traffic Lighted NOTE: There is an authorized anchorage in Buoy there is a zone of alternating one Canadian waters just above Fighting Island way traffic. Masters shall coordinate and an authorized anchorage in U.S. waters their movements in accordance with south of Belle Isle (33 CFR 110.206). the following rules; (b) In the St. Clair River, vessels (i) Vessels shall not overtake. shall be anchored so as not to swing (ii) Vessels shall not come about. into the channel or across steering (iii) Vessels shall not meet. courses. (iv) Downbound vessels which have [CGD 78–151, 49 FR 18302, Apr. 30, 1984, as passed Lake Huron Cut Lighted Buoy 7 amended by CGD 85–060, 51 FR 17016, May 8, have the right of way over upbound 1986] vessels which have not reached the Port Huron Traffic Lighted Buoy. § 162.138 Connecting waters from Lake Upbound vessels awaiting transit of Huron to Lake Erie; speed rules. downbound vessels will maintain posi- (a) Maximum speed limit for vessels in tion south of the Port Huron Traffic normal displacement mode. (1) Except Lighted Buoy. when required for the safety of the ves- (v) Vessels transiting the zone shall sel or any other vessel, vessels of 20 coordinate passage by using commu- meters or more in length operating in nication procedures in § 162.132. normal displacement mode shall pro- (vi) Transiting vessels shall have the ceed at a speed not greater than— right of way over moored vessels get- (i) 12 statute miles per hour (10.4 ting underway within the zone. knots) between Fort Gratiot Light and (d) In the waters described in St. Clair Flats Canal Light 2; § 162.130(a), the District Commander or (ii) 12 statute miles per hour (10.4 Captain of the Port may establish tem- knots) between Peche Island Light and porary traffic rules for reasons which Detroit River Light; and include but are not limited to: channel (iii) 4 statute miles per hour (3.5 obstructions, winter navigation, un- knots) in the River Rouge. usual weather conditions, or unusual (2) The maximum speed limit is 5.8 water levels. statute miles per hour (5 knots) in the

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navigable channel south of Peche Is- and Port Huron Traffic Lighted Buoy, land (under Canadian jurisdiction). vessels shall not take on, discharge, or (b) Maximum speed limit for vessels op- exchange pilots unless weather condi- erating in nondisplacement mode. (1) Ex- tions would make the maneuver unsafe cept when required for the safety of the in the customary pilot area. vessel or any other vessel, vessels 20 [CGD 78–151, 49 FR 18302, Apr. 30, 1984] meters or more in length but under 100 gross tons operating in the non- § 162.145 Monroe Harbor, Mich. displacement mode and meeting the re- (a) In the lake channel, no vessel quirements set out in paragraph (c) of greater than 40 feet in length may ex- this section, may operate at a speed ceed 10 miles per hour. not exceeding 40 miles per hour (34.8 (b) In the river channel: knots)— (1) No vessel greater than 40 feet in (i) During daylight hours (sunrise to length may exceed 6 miles per hour. sunset); (2) No vessel may use a towline ex- (ii) When conditions otherwise safely ceeding 200 feet in length. allow; and (iii) When approval has been granted [CGD 79–151, 46 FR 7960, Jan. 26, 1981] by the Coast Guard Captain of the Port, Detroit or Commander of the § 162.150 Maumee Bay and River, Ohio. Ninth Coast Guard District prior to (a) In Maumee Bay (lakeward of each transit of the area. Maumee River Lighted Buoy 49(L/L No. (2) In this section, ‘‘nondisplacement 770)), no vessel greater than 100 feet in mode’’ means a mode of operation in length may exceed 12 miles per hour. which the vessel is supported by hydro- (b) In Maumee River (inward of dynamic forces, rather than displace- Maumee River Lighted Buoy 49(L/L No. ment of its weight in the water, to an 770)): extent such that the wake which would (1) No vessel greater than 40 feet in otherwise be generated by the vessel is length may exceed 6 miles per hour. significantly reduced. (2) No vessel greater than 100 feet in (c) Unsafe vessels. The Captain of the length (including tug and tow combina- Port or the District Commander may tions) may overtake another vessel. deny approval for operations under [CGD 79–151, 46 FR 7960, Jan. 26, 1981] paragraph (b) of this section if it appears that the design and operating § 162.155 Sandusky and Huron Har- characteristics of the vessels in ques- bors, Ohio. tion are not safe for the designated wa- (a) In Sandusky Harbor, no vessel terways, or if it appears that oper- greater than 40 feet in length may ex- ations under this section have become ceed 10 miles per hour. unsafe for any reason. (b) In Huron Harbor, no vessel great- (d) Temporary speed limits. The Dis- er than 40 feet in length may exceed 6 trict Commander may temporarily es- miles per hour, except in the outer har- tablish speed limits or temporarily bor where no vessel greater than 40 feet amend existing speed limit regulations in length may exceed 10 miles per hour. on the waters described in § 162.130(a). NOTE: The Corps of Engineers also has reg- [CGD 09–95–002, 60 FR 35702, July 11, 1995] ulations dealing with these areas in 33 CFR Part 207. § 162.140 Connecting waters from Lake [CGD 79–151, 46 FR 7960, Jan. 26, 1981] Huron to Lake Erie; miscellaneous rules. § 162.160 Vermilion, Lorain, Cleveland, (a) Rules for towing vessels. (1) A tow- Fairport, Ashtabula, and Conneaut ing vessel may drop or anchor its tows Harbors, Ohio. only in accordance with the provisions (a) In Vermilion Harbor, no vessel of § 162.136. may exceed 6 miles per hour. (2) A towing vessel engaged in ar- (b) In Lorain, Cleveland, Fairport, ranging its tow shall not obstruct the Ashtabula, and Conneaut Harbors, no navigation of other vessels. vessel may exceed 6 miles per hour, ex- (b) Pilots. In the St. Clair River be- cept in the outer harbors, where no tween Lake Huron Cut Lighted Buoy 1 vessel may exceed 10 miles per hour.

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NOTE: The Corps of Engineers also has reg- (4) The placing of bouys, markers, or ulations dealing with these areas in 33 CFR other devices requiring anchors will Part 207. not be permitted. [CGD 79–151, 46 FR 7960, Jan. 26, 1981] (5) The city of Los Angeles will maintain a patrol of the area as needed. § 162.165 Buffalo and Rochester Har- bors, New York. § 162.200 Marina del Rey, Calif.; restricted area. In Buffalo and Rochester Harbors, no vessel may exceed 6 miles per hour, ex- (a) The area. That portion of the Pa- cept in the outer harbors where no ves- cific Ocean lying shoreward of the off- sel may exceed 10 miles per hour. shore breakwater and the most seaward 1,000 feet of the entrance channel NOTE: The Corps of Engineers also has regulations dealing with these areas in 33 CFR between the north and south jetties, Part 207. and basically outlined as follows:

[CGD 79–151, 46 FR 7960, Jan. 26, 1981] Station Latitude North Longitude West

A ...... 33°57′46.0″ 118°27′39.5″ § 162.175 Black Rock Canal and Lock B ...... 33°57′52.3″ 118°27′43.6″ at Buffalo, New York. C ...... 33°57′48.6″ 118°27′48.8″ In the Black Rock Canal and Lock, D ...... 33°57′29.8″ 118°27′34.7″ E ...... 33°57′30.9″ 118°27′29.1″ no vessel may exceed 6 miles per hour. F ...... 33°57′37.4″ 118°27′33.8″ NOTE: The Corps of Engineers also has reg- G ...... 33°57′42.4″ 118°27′23.0″ ulations dealing with these areas in 33 CFR H ...... 33°57′50.6″ 118°27′28.3″ Part 207. (b) The regulations. (1) Vessels shall [CGD 79–151, 46 FR 7960, Jan. 26, 1981] not anchor within the area at any time without permission except in an emer- § 162.195 Santa Monica Bay, Calif.; re- gency. stricted area. (2) Dredging, dragging, seining, or (a) The area. The waters of the Pa- other fishing operations which might cific Ocean, Santa Monica Bay, in an foul underwater installations within area extending seaward from the shore- the area are prohibited. line a distance of about 5 nautical miles (normal to the shoreline) and ba- [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as sically outlined as follows: amended by USCG–2008–0179, 73 FR 35016, June 19, 2008] NOTE: The Corps of Engineers also has reg- Station Latitude North Longitude West ulations dealing with this section in 33 CFR Part 207. A ...... 33°54′59″ 118°25′41″ B ...... 33°54′59″ 118°28′00″ C ...... 33°53′59.5″ 118°31′37″ § 162.205 Suisun Bay, San Joaquin D ...... 33°56′19.5″ 118°34′05″ River, Sacramento River, and con- E ...... 33°56′25″ 118°26′29″ necting waters, CA. (a) San Joaquin River Deep Water (b) The regulations. (1) Vessels shall Channel between Suisun Bay and the eas- not anchor within the area at any time terly end of the channel at Stockton; use, without permission. administration and navigation—(1) Max- (2) Dredging, dragging, seining, or imum speed. The maximum speed for all other fishing operations which might ocean-going craft shall not exceed 10 foul underwater installations within miles per hour above the lower end of the area are prohibited. New York Slough, seven miles per hour (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

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and take every necessary precaution to allowed to remain either anchored or avoid damage. grounded in the channel, or beached at (3) Right of way. (i) United States any place where it endangers other ves- dredges, tugs, launches, derrick boats, sels, while settlement is pending with and similar plant of contractors exe- the underwriters. cuting river and harbor improvement (6) Other laws and regulations. In all work for the United States, and dis- other respects, the existing Federal playing the signals prescribed by the laws and rules and regulations affect- regulations contained in Part 80 of this ing navigable waters of the United chapter shall have the right of way and States will govern in this channel. other craft shall exercise special cau- (b) Sacramento Deep Water Ship Chan- tion to avoid interference with the nel between Suisun Bay and easterly end work on which the plant is engaged. of Turning Basin at West Sacramento; Dredges, whether Federal or contrac- use, administration, and navigation—(1) tors’ plant, working the channel must Maximum speed for all ocean going however, take special care to give craft—(i) Between Tolands Landing (Mile ocean-going vessels sufficient room for 6.2) and Rio Vista Bridge. When going passing, and must lift both spuds and against a current of two knots or more, the ladder, and pull clear, if an ade- the maximum speed over the bottom quate width of clear channelway can- shall not exceed 8 knots. When going not otherwise be provided. Ocean-going with the current, in slack water, or vessels may show at the masthead a against a current of two knots or less, black ball not more than 20 inches in the maximum speed through the water diameter as a signal to the dredge, and shall not exceed 10 knots. may also blow five long blasts of the (ii) Between Rio Vista Bridge and Port whistle when within reasonable hear- of Sacramento. When going against a ing distance of the dredge, such signal current of two knots or more, the max- to be followed at the proper time by imum speed over the bottom shall not the passing signal described in the exceed 5 knots. When going with the local pilot rules. The dredge shall current, in slack water, or against a promptly acknowledge both signals in current of two knots or less, the max- the usual manner. imum speed through the water shall (ii) Light-draft vessels when meeting not exceed 7 knots. or being overtaken by ocean-going ves- (iii) Speed past docks or moored craft. sels, shall give the right of way to such Within 550 feet of the centerline of the vessels by making use of the shallower channel the speed shall be the min- portions of the waterway. imum required to maintain steerage- (iii) Rafts and tows must promptly way; wind, tide, current, etc., being give the channel side demanded upon taken into consideration. proper signal by a vessel, and must be (iv) Passing. All craft passing other handled in such a manner as not to ob- boats, barges, scows, etc., underway, struct or interfere with the free use of moored or anchored, shall take every the waterway by other craft. necessary precaution to avoid damage. (4) Collisions. (i) Ocean-going vessels (v) Speed, high-water precautions. in collision in the channel or turning When passing another vessel (under- basin must, if still afloat and in a con- way, anchored, or tied up); a wharf or dition making anchorage necessary, be other structure; work under construc- immediately removed to an approved tion; plant engaged in river and harbor 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,

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or other emergencies, the District as practicable; when the channel is Commander may prescribe, by naviga- clear for passage the dredge shall so in- tion bulletins or other means, the lim- dicate by sounding the usual passing iting speed in knots or temporarily signal as prescribed in paragraph close the waterway or any reach of it (c)(2)(ii) of this section. The approach- to traffic. Since this subparagraph per- ing vessel shall answer with a cor- tains directly to the manner in which responding signal and pass promptly. vessels are operated, masters of vessels (iv) When any pipeline or swinging shall be held responsible for strict ob- dredge shall have given an approaching servance and full compliance herewith. vessel or tow the signal that the chan- (2) Right of way. (i) Dredges, tugs, nel is clear, the dredge shall straighten launches, derrick boats and other simi- out within the cut for the passage of lar equipment, executing river and har- the vessel or tow. bor improvement work for the United (v) Shallow draft vessels when meet- States, and displaying the signals pre- ing or being overtaken by ocean-going scribed by the regulations contained in vessels, shall give the right-of-way to Part 80, of this Chapter, shall have the such vessels by making use of the right-of-way and other craft shall exer- shallower portions of the waterway, cise special caution to avoid inter- wherever possible. ference with the work on which the (vi) Tows should promptly give the plant is engaged. Dredges, whether channel side requested by proper signal Federal or contractor’s plant, working from a vessel, and should be handled in the channel must however, take special such a manner as not to obstruct or care to give ocean-going vessels suffi- interfere with the free use of the water- cient room for passing, and must lift way by other craft. both spuds and the ladder, and pull clear, if an adequate width of clear (3) Obstruction of traffic. (i) Except as channelway cannot otherwise be pro- provided in paragraph (c)(2) of this sec- vided. tion no person shall willfully or care- (ii) Vessels intending to pass dredges lessly obstruct the free navigation of or other types of floating plant work- the waterway, or delay any vessel having in navigable channels, when within ing the right to use the waterway. a reasonable distance therefrom and (ii) No vessel shall anchor within the not in any case over a mile, shall indi- channel except in distress or under cate such intention by one long blast of stress of weather. Any vessel so an- the whistle, and shall be directed to chored shall be moved as quickly as the proper side for passage by the possible to such anchorage as will leave sounding, by the dredge or other float- the channel clear for the passage of ing plant, of the signal prescribed in vessels. the inland pilot rules for vessels under- (iii) Motorboats, sailboats, rowboats, way and approaching each other from and other small craft shall not anchor opposite directions, which shall be an- or drift in the regular ship channel ex- swered in the usual manner by the ap- cept under stress of weather or in case proaching vessel. If the channel is not of breakdown. Such craft shall be so clear, the floating plant shall sound operated that they will not interfere the alarm or danger signal and the ap- with or endanger the movement of proaching vessel shall slow down or commercial or public vessels. 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.

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(ii) Light-draft vessels suffering colli- NOTE: The Corps of Engineers also has reg- sion shall be disposed of as directed by ulations dealing with this section in 33 CFR the District Commander or his author- Part 207. ized representative. [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as (5) Marine accidents. Masters, mates, amended by CGD12 84–07, 51 FR 12318, Apr. 10, pilots, owners, or other persons using 1986; CGD11–94–007, 60 FR 16796, Apr. 3, 1995; the waterway to which this paragraph USCG–1998–3799, 63 FR 35532, June 30, 1998] applies shall notify the District Com- mander and in the case of undocu- § 162.210 Lake Tahoe, Calif.; restricted areas along south shore. mented vessels, the State Division of Small Craft Harbors also, by the most (a) The areas—(1) Baldwin Beach, expeditious means available of all ma- under the control of the Forest Service, rine accidents, such as fire, collision, Department of Agriculture. The waters of sinking or stranding, where there is Lake Tahoe shoreward of a line de- possible obstruction of the channel or scribed as follows: Beginning at the interference with navigation or where intersection of the high waterline with damage to Government property is in- the west boundary line of Lot 2, Sec- volved, furnishing a clear statement as tion 26, Township 13 North (Mount Dia- to the name, address, and ownership of blo Base Line), Range 17 East (Mount the vessel or vessels involved, the time Diablo Meridian); thence north 300 feet; and place, and the action taken. In all thence southeasterly about 2,850 feet to cases, the owner of the sunken vessel the east line of Section 26 at a point 300 shall take immediate steps to mark the feet north of the high waterline; thence wreck properly. northeasterly 1,740 feet to a point 300 (6) Other laws and regulations. In all feet north of the high waterline; thence other respects, existing Federal laws southeasterly about 1,810 feet to the and rules and regulations affecting projected east line of the former Bald- navigable waters of the United States win property at a point 300 feet north will govern in this channel. of the high waterline; and thence south (c) Sacramento River, Decker Island 300 feet to the high waterline. Restricted Anchorage for Vessels of the (2) Camp Richardson, under the control U.S. Government—(1) The anchorage of the Forest Service, Department of Agri- ground. An elongated area in the Sac- culture. The waters of Lake Tahoe ramento River bounded on the west by shoreward of a line described as fol- the shore of Decker Island and the follows: Beginning at the southeasterly lowing lines: Beginning on the shore at corner of sec. 25, T. 13 N., R. 17 E., Decker Island North End Light at lati- Mount Diablo Base and Meridian; tude 38°06′16″ N., longitude 121°42′32.5″ thence north 410 feet along the east W.; thence easterly to latitude 38°06′15″ line of sec. 25; thence northwesterly 95 N., longitude 121°42′27″ W.; thence feet to the high waterline which is the southerly to latitude 38°05′22″ N., lon- true point of beginning; thence north gitude 121°42′30″ W.; thence southwest- 130 feet; thence southeasterly 565 feet; erly to latitude 38°05′08″ N., longitude and thence south 130 feet to the high 121°42′40″ W.; thence west southwesterly waterline. to latitude 38°05′02″ N., longitude (3) Pope Beach, under the control of the 121°42′50″ W.; thence northwesterly to Forest Service, Department of Agriculture. 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.

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(4) El Dorado County Beach. The wa- other use by the general public. Only ters of Lake Tahoe shoreward of a line vessels owned by or controlled by the described as follows: Beginning at the U.S. Government and the States of Ari- intersection of the high waterline with zona and Nevada shall navigate or an- the west boundary line of Lot 1, Sec- chor in the restricted areas: Provided, tion 32, Township 13 North (Mount Dia- however, The Regional Director, Region blo Base Line), Range 18 East (Mount 3, U.S. Bureau of Reclamation, Boulder Diablo Meridian); thence north 500 feet; City, Nev., may authorize, by written thence northeasterly about 1,350 feet to permit, individuals or groups to navi- the projected east line of Lot 1 at a gate or anchor in the restricted areas point 500 feet north of the high water- when it is deemed in the public inter- line; and thence south 500 feet to the est. Copies of said permits must be fur- high waterline. nished to the enforcing agencies. (b) The regulations. No sail or ma- (b) Lake Mead; speed regulation. In chine-propelled watercraft, except ves- that portion of Lake Mead extending sels owned or controlled by the U.S. 300 feet upstream of the restricted area Coast Guard, shall navigate or anchor described in paragraph (a) of this sec- in the restricted area. tion, a maximum speed of 5 miles per hour shall not be exceeded. § 162.215 Lake Tahoe, Nev.; restricted (c) Supervision. The regulations in area adjacent to Nevada Beach. this section shall be supervised by the (a) The restricted area. The waters of District Commander, Eleventh Coast Lake Tahoe shoreward of a line de- Guard District. scribed as follows: Beginning at the [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as intersection of the high waterline with amended by USCG–2008–0179, 73 FR 35016, a line projected in a general southerly June 19, 2008] direction 200 feet from a point lying 310 feet west of section corner common to § 162.225 Columbia and Willamette section 15, 16, 21, and 22, Township 13 Rivers, Washington and Oregon; ad- North (Mount Diablo Base Line), Range ministration and navigation. 18 East (Mount Diablo Meridian); (a) Supervision. The District Com- thence 300 feet lakeward at right an- mander, Thirteenth Coast Guard Dis- gles to the high waterline; thence trict, has certain administrative super- southeasterly approximately 2,170 feet vision over the Columbia and Willam- to the projected south boundary line of ette Rivers, and is charged with the en- the Forest Service property at a point forcement under his direction of emer- 300 feet west of the high waterline; and gency regulations to govern navigation thence east 300 feet to the high water of these streams. line. (b) Speed. During very high water (b) The regulations. No sail or motor stages (usually 25 feet or more on the propelled watercraft, except vessels Vancouver, Washington, gage) when owned or controlled by the United lives, floating plant or major shore in- States Government and vessels duly stallations are endangered, the District authorized by the United States Coast Commander shall have authority to Guard, shall navigate or anchor in the prescribe such temporary speed regula- restricted area. tions as he may deem necessary for the public safety. During critical periods of § 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

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speed regulations prescribed by the (4) Passing. Steamers shall not under District Commander shall be obeyed any circumstances attempt to pass for the duration of the emergency and each other in the canal, either when shall be terminated at the earliest going in the same or opposite direc- practicable time that improved stream tions. conditions permit. (5) Anchoring. No steamers or boats shall anchor or tie up within the canal § 162.230 Columbia River, Wash. grounds unless they are well over on (a) Grand Coulee Dam discharge chan- the tide flats to the west of the dredged nel; restricted area—(1) The area. That channel, and off the right of way be- portion of the Columbia River between longing to the United States. Grand Coulee Dam (situated at river (6) Tows. No tow shall enter or pass mile 596.6) and river mile 593.7. through the canal with a towline more than 200 feet in length. (2) The regulations. (i) No vessel shall enter or navigate within the area with- (7) Delaying traffic. No person shall out permission from the enforcing cause or permit any vessel or boat of agency. which he is in charge, or on which he is employed, to obstruct the canal in any (ii) The regulation in this section way or delay in passing through it. shall be enforced by the Chief, Power (b) West Waterway, Seattle Harbor; Field Division, Columbia Basin navigation. (1) The movement of vessels Project, U.S. Department of the Inte- of 250 gross tons or over and all vessels rior, Coulee Dam, Washington. with tows of any kind through the narrow section of West Waterway between § 162.235 Puget Sound Area, Wash. the bend at Fisher’s Flour Mill dock (a) Waterway connecting Port Town- and the bend at the junction of East send and Oak Bay; use, administration, Waterway with Duwamish Waterway, and navigation—(1) Works to which regu- and through the draws of the City of lations apply. The ‘‘canal grounds’’ Seattle and Northern Pacific Railway when used in this paragraph shall mean Company bridges crossing this narrow that area between the south end of the section, shall be governed by red and jetties in Oak Bay and the northerly green traffic signal lights mounted on end of the dredge channel approxi- the north and south sides of the west mately 400 yards northwest of Port tower of the City Light power crossing Townsend Canal Light. The ‘‘canal’’ is at West Spokane Street. the water lying between these limits (2) Two green lights, one vertically and the banks containing the same. above the other, displayed ahead of a (2) Speed. The speed limit within the vessel, shall indicate that the water- canal grounds shall not exceed five way is clear. Two red lights, one miles per hour. vertically above the other, displayed (3) Signals. All boats desiring to use ahead of a vessel, shall indicate that the canal shall give one long and one the waterway is not clear. short whistle. Southbound boats shall (3) A vessel approaching the narrow sound the signal within 600 yards of section and drawbridges from either Port Townsend Canal Light. North- end of the waterway shall give one long bound boats shall sound this signal at blast of a whistle and shall not enter least 500 feet south from the end of the the narrow section until green lights jetties in Oak bay. If no other boat an- are displayed. swers the signal the first boat shall (4) One vessel may follow another have the right of way through the vessel in either direction, but the chan- canal. Any approaching boat that is in nel shall not be kept open in the same the canal shall answer by giving the direction for an unreasonable time if a same signal and the first boat shall not vessel is waiting at the other end. enter the canal until the second boat (5) Tugs, launches, and small craft shall have passed through the canal. In shall keep close to one side of the chan- the case of boats going in the same di- nel when vessels or boats with tows are rection the boat which is in the canal passing. shall not answer the signal of the boat (6) All craft shall proceed with cau- desiring to enter. tion. The display of a green light is not

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a guarantee that the channel is clear of and extending about 2,200 feet up- traffic, and neither the United States stream to a point 200 feet upstream nor the City of Seattle will be respon- from the Inlet Co. dock. sible for any damage to vessels or other (b) The regulations. (1) Vessels may property which may be chargeable to navigate, anchor, or moor within the mistakes in the operation of the signal area until such time as notification is lights or to their failure to operate. received or observation is made of in- NOTE: The Corps of Engineers also has reg- tended passage to or from the docking ulations dealing with this section in 33 CFR areas. Part 207. (2) Notice of anticipated passage of [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as towboats and barges shall be indicated amended by USCG–2008–0179, 73 FR 35016, 24 hours in advance by display of a red June 19, 2008] flag by the Inlet Co. from its warehouse. § 162.240 Tongass Narrows, Alaska; navigation. § 162.250 Port Alexander, Alaska; (a) Definitions. The term ‘‘Tongass speed of vessels. Narrows’’ includes the body of water (a) Definition. The term ‘‘Port Alex- lying between Revillagigedo Channel ander’’ includes the entire inlet from and Guard Island in Clarence Strait. its head to its entrance from Chatham (b) No vessel, except for public law Strait. enforcement and emergency response (b) Speed. The speed of all vessels of 5 vessels, floatplanes during landings and tons or more gross, ships register, shall take-offs, and vessels of 23 feet reg- not exceed 3 miles per hour either in istered length or less, shall exceed a entering, leaving, or navigating within speed of 7 knots in the region of Port Alexander, Alaska. Tongass Narrows bounded to the north by Tongass Narrows Buoy 9 and to the [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as south by Tongass Narrows East Chan- amended by CGD 82–039, 47 FR 27266, June 24, nel Regulatory marker at position 1982] ° ′ ″ ° ′ ″ 55 19 22.0 N, 131 36 40.5 W and Tongass § 162.255 Wrangell Narrows, Alaska; Narrows West Channel Regulatory use, administration, and navigation. marker at position 55°19′28.5″ N, (a) Definitions. (1) The term 131°39′09.7″ W, respectively. ‘‘Wrangell Narrows’’ includes the en- (c) No vessel shall while moored or at tire body of water between Wrangell anchor, or by slow passage or otherwise Narrows North Entrance Lighted Bell while underway, unreasonably obstruct Buoy 63 and Midway Rock Light. the free passage and progress of other (2) The term ‘‘raft section’’ refers to vessels. a standard raft of logs or piling se- (d) No vessel shall moor or anchor to curely fastened together for long tow- any structure of the United States ing in Alaska inland waters in the other than mooring piers, wharves, and manner customary with the local log- floats without the consent of the Com- ging interests, i.e., with booms, mander, Sector Juneau. swifters, and tail sticks. It normally [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as contains 30,000 to 70,000 feet board amended by CGD 77–217, 43 FR 60458, Dec. 28, measure of logs or piling and has a 1978; CGD 82–039, 47 FR 27266, June 24, 1982; width of 45 to 60 feet and a length of 75 USCG–1998–3799, 63 FR 35532, June 30, 1998; to 100 feet. CGD17–99–002, 64 FR 29557, June 2, 1999, 64 FR 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; (c) Tow channel. The following route use, administration, and navigation. 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):

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East of Battery Islets: shall be stopped when crossing the East of Tow Channel Buoy 1 TC. lines to the dredge anchors. East of Tow Channel Buoy 3 TC. (b) Vessels using the channel shall West of Tow Channel Buoy 4 TC. East of Colorado Reef: pass the dredge on the side designated East of Wrangell Narrows Channel Light from the dredge by the signals pre- 21. scribed in paragraph (c) of this section. West of Wrangell Narrows Channel Lighted (c) Dredge shall display the red flag Buoy 25. by day and four white lights hung in a East of Tow Channel Buoy 5 TC. vertical line by night to indicate the East of Tow Channel Buoy 7 TC. West of Petersburg: passing side. East of Wrangell Narrows Channel Light 54 (d) Vessels shall not anchor on the Fr. ranges of stakes or other marks placed East of Wrangell Narrows Channel Light 56 for the guidance of the dredge, nor in Qk FR. such a manner as to obstruct the chan- East of Wrangell Narrows Channel Light 58 nel for passing vessels. Fr., thence proceeding to west side of channel and leaving Wrangell Narrows by (e) Vessels shall not run over or dis- making passage between Wrangell Nar- turb stake, lanterns, or other marks rows Channel Daybeacon 61 and Wrangell placed for the guidance of the dredge. Narrows North Entrance Lighted Bell (f) Dredges working in the prosecu- Buoy 63 F. tion of the work shall not obstruct the (d) Size of tows. The maximum tows channel unnecessarily. permitted shall be one pile driver, or (g) The dredge will slack lines run- three units of other towable equipment ning across the channel from the or seven raft sections. dredge on the passing side, for passing (e) Arrangement of tows. (1) No towline vessels, when notified by signal, with or aggregate of towlines between whistle or horn. towboat and separated pieces shall ex- (h) The position of anchors of the ceed 150 feet in length. dredge shall be marked by buoys plain- (2) Raft and barge tows of more than ly visible to passing vessels. one unit shall not exceed 65 feet in width overall. Single barge tows shall § 162.270 Restricted areas in vicinity not exceed 100 feet in width overall. of Maritime Administration Reserve (3) Tows other than rafts shall be Fleets. taken alongside the towboat whenever (a) The regulations in this section possible. shall govern the use and navigation of (f) Anchorage. Vessels may anchor in waters in the vicinity of the following the anchorage basin in the vicinity of National Defense Reserve Fleets of the Anchor Point. No craft or tow shall be Maritime Administration, Department anchored in Wrangell Narrows in either of Transportation: the main ship channel or the towing (1) James River Reserve Fleet, Fort channel, nor shall any craft or tow be Eustis, Virginia. anchored so that it can swing into either of these channels. (2) Beaumont Reserve Fleet, Neches (g) Disabled craft. Disabled craft in a River near Beaumont, Texas. condition of absolute necessity are ex- (3) Suisun Bay Reserve Fleet near empt from the regulations in this sec- Benicia, California. tion. (b) No vessels or other watercraft, except those owned or controlled by the [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as United States Government, shall cruise amended by CGD 82–039, 47 FR 27266, June 24, 1982; CGD 94–026, 60 FR 63624, Dec. 12, 1995] or anchor between Reserve Fleet units within 500 feet of the end vessels in § 162.260 Channel leading to San Juan each Reserve Fleet unit, or within 500 Harbor, P.R.; use, administration, feet of the extreme units of the fleets, and navigation. unless specific permission of do so has (a) Steamers passing dredge engaged first been granted in each case by the in improving the channel shall not enforcing agency. have a speed greater than 4 miles an (c) The regulations in this section hour, and the propelling machinery shall be enforced by the respective

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Fleet Superintendents and such agen- U.S.C. subtitle II part E as well as the cies as they may designate. STCW endorsement into a single credential that serves as the mariner’s [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 86–053, 51 FR 43742, Dec. 4, qualification document, certificate of 1986] identification, and certificate of service. PART 163—TOWING OF BARGES [USCG–2006–24371, 74 FR 11213, Mar. 16, 2009]

Sec. § 163.05 Tows of seagoing barges with- 163.01 Application. in inland waters. 163.03 Definitions. (a) The tows of seagoing barges when 163.05 Tows of seagoing barges within in- navigating the inland waters of the land waters. 163.20 Bunching of tows. United States shall be limited in length to five vessels, including the AUTHORITY: 33 U.S.C. 152, 2071; 49 CFR towing vessel or vessels. l.46(n). [CGFR 60–61, 25 FR 9045, Sept. 21, 1960. Redes- § 163.01 Application. ignated by CGD 81–017, 46 FR 28154, May 26, (a) The regulations in this part apply 1981] to vessels navigating the harbors, riv- § 163.20 Bunching of tows. ers, and inland waters of the United States, except the Great Lakes and (a) In all cases where tows can be their connecting and tributary waters bunched, it should be done. as far east as Montreal, the Red River (b) Tows navigating in the North and of the North, the Mississippi River and East Rivers of New York must be its tributaries above Huey P. Long bunched above a line drawn between Bridge, and that part of the Robbins Reef Light and Owls Head, Atchafalaya River above its junction Brooklyn, but the quarantine anchor- with the Plaquemine-Morgan City al- age and the north entrance to Ambrose ternate waterway. Channel shall be avoided in the process (b) Seagoing barges and their towing of bunching tows. vessels shall be subject to the require- (c) Tows must be bunched above the ments in this part under the provisions mouth of the Schuylkill River, Pa. of section 14 of the Act of May 28, 1908, [CGFR 60–61, 25 FR 9045, Sept. 21, 1960, as as amended (sec. 14, 35 Stat. 428, as amended by CGFR 64–21, 29 FR 5733, Apr. 30, amended; 33 U.S.C. 152). Under the pro- 1964. Redesignated by CGD 81–017, 46 FR visions of section 15 of the Act of May 28154, May 26, 1981] 28, 1908, as amended (sec. 15, 35 Stat. 429; 33 U.S.C. 153), the penalty for use of PART 164—NAVIGATION SAFETY an unlawful towline shall be an action REGULATIONS against the master of the towing vessel seeking the suspension or revocation of Sec. his license or merchant mariner cre- 164.01 Applicability. dential. 164.02 Applicability exception for foreign vessels. [CGFR 60–61, 25 FR 9045, Sept. 21, 1960, as 164.03 Incorporation by reference. amended by CGFR 66–59, 31 FR 13647, Oct. 22, 164.11 Navigation under way: General. 1966. Redesignated by CGD 81–017, 46 FR 164.13 Navigation underway: tankers. 28154, May 26, 1981; USCG–2006–24371, 74 FR 164.15 Navigation bridge visibility. 11213, Mar. 16, 2009] 164.19 Requirements for vessels at anchor. 164.25 Tests before entering or getting un- § 163.03 Definitions. derway. The following definition applies to 164.30 Charts, publications, and equipment: this part: General. Merchant mariner credential or MMC 164.33 Charts and publications. means the credential issued by the 164.35 Equipment: All vessels. 164.37 Equipment: Vessels of 10,000 gross Coast Guard under 46 CFR part 10. It tons or more. combines the individual merchant 164.38 Automatic radar plotting aids mariner’s document, license, and cer- (ARPA). tificate of registry enumerated in 46 164.39 Steering gear: Foreign tankers.

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164.40 Devices to indicate speed and dis- (4) Any other vessel exempted by the tance. Captain of the Port (COTP). The COTP, 164.41 Electronic position fixing devices. upon written request, may, in writing, 164.42 Rate of turn indicator. 164.43 Automatic Identification System exempt a vessel from § 164.72 for a spec- Shipborne Equipment—Prince William ified route if he or she decides that ex- Sound. empting it would not allow its unsafe 164.46 Automatic Identification System navigation under anticipated condi- (AIS). tions. 164.51 Deviations from rules: Emergency. 164.53 Deviations from rules and reporting: (c) Provisions of §§ 164.11(a)(2) and (c), Non-operating equipment. 164.30, 164.33, and 164.46 do not apply to 164.55 Deviations from rules: Continuing op- warships or other vessels owned, eration or period of time. leased, or operated by the United 164.61 Marine casualty reporting and record retention. States Government and used only in 164.70 Definitions. government noncommercial service 164.72 Navigational-safety equipment, when these vessels are equipped with charts or maps, and publications re- electronic navigation systems that quired on towing vessels. have met the applicable agency regula- 164.74 Towline and terminal gear for towing astern. tions regarding navigation safety. 164.76 Towline and terminal gear for towing (d) Provisions of § 164.46 apply to alongside and pushing ahead. some self-propelled vessels of less than 164.78 Navigation under way: Towing ves- 1600 gross tonnage. sels. 164.80 Tests, inspections, and voyage plan- [CGD 83–004, 49 FR 43466, Oct. 29, 1984, as ning. amended by CGD 94–020, 61 FR 35072, July 3, 164.82 Maintenance, failure, and reporting. 1996; USCG–2000–8300, 66 FR 21864, May 2, 2001; AUTHORITY: 33 U.S.C. 1222(5), 1223, 1231; 46 USCG–2003–14757, 68 FR 39367, July 1, 2003] U.S.C. 2103, 3703; Department of Homeland Security Delegation No. 0170.1 (75). Sec. § 164.02 Applicability exception for 164.13 also issued under 46 U.S.C. 8502. Sec. foreign vessels. 164.61 also issued under 46 U.S.C. 6101. (a) Except as provided in § 164.46(a)(2) § 164.01 Applicability. of this part, including §§ 164.38 and 164.39, this part does not apply to ves- (a) This part (except as specifically sels that: limited by this section) applies to each (1) Are not destined for, or departing self-propelled vessel of 1600 or more gross tons (except as provided in para- from, a port or place subject to the ju- graphs (c) and (d) of this section, or for risdiction of the United States; and foreign vessels described in § 164.02) (2) Are in: when it is operating in the navigable (i) Innocent passage through the ter- waters of the United States except the ritorial sea of the United States; or St. Lawrence Seaway. (ii) Transit through navigable waters (b) Sections 164.70 through 164.82 of of the United States which form a part this part apply to each towing vessel of of an international strait. 12 meters (39.4 feet) or more in length operating in the navigable waters of [CGD 77–063, 44 FR 66530, Nov. 19, 1979, as the United States other than the St. amended by CGD 79–148, 45 FR 54039, Aug. 14, 1980; USCG–2003–14757, 68 FR 39367, July 1, Lawrence Seaway; except that a tow- 2003; 68 FR 60569, Oct. 22, 2003] ing vessel is exempt from the requirements of § 164.72 if it is— § 164.03 Incorporation by reference. (1) Used solely within a limited geographic area, such as a fleeting-area for (a) Certain material is incorporated barges or a commercial facility, and by reference into this part with the ap- used solely for restricted service, such proval of the Director of the Federal as making up or breaking up larger Register under 5 U.S.C. 552(a) and 1 tows; CFR part 51. To enforce any edition (2) Used solely for assistance towing other than that specified in paragraph as defined by 46 CFR 10.103; (b) of this section, the Coast Guard (3) Used solely for pollution response; must publish notice of change in the or FEDERAL REGISTER and the material

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must be available to the public. All ap- SN/Circ.227, Guidelines for the In- proved material is available for inspec- stallation of a Shipborne Auto- tion at the Navigation Systems Divi- matic Identification System sion (CG-5413), Coast Guard Head- (AIS), dated January 6, 2003 ..... 164.46 quarters, 2100 Second Street, SW., SOLAS, International Conven- tion for Safety of Life at Sea, Washington, DC 20593–0001 and at the 1974, and 1988 Protocol relating National Archives and Records Admin- thereto, 2000 Amendments, ef- istration (NARA). For information on fective January and July 2002, the availability of this material at (SOLAS 2000 Amendments) ...... 164.46 NARA, call 202–741–6030, or go to: http:// Conference resolution 1, Adop- www.archives.gov/federallregister/ tion of amendments to the codeloflfederallregulations/ Annex to the International ibrllocations.html. All approved mate- Convention for the Safety of rial is available from the sources indi- Life at Sea, 1974, and amendments to Chapter V of SOLAS cated in paragraph (b) of this section. 1974, adopted December 12, 2002 164.46 (b) The materials approved for incor- International Telecommunication poration by reference in this part and Union Radiocommuni- cation Bu- the sections affected are as follows: reau (ITU-R), Place de Nations American Petroleum Institute (API), CH–1211 Geneva 20 Switzerland 1220 L Street NW., Washington, (1) ITU-R Recommendation DC 20005 M.821, Optional Expansion of API Specification 9A, Specifica- the Digital Selective-Calling tion for Wire Rope, Section 3, System for Use in the Maritime Properties and Tests for Wire Mobile Service, 1992 ...... 164.43 and Wire Rope, May 28, 1984 ..... 164.74 (2) ITU-R Recommendation American Society for Testing and Ma- M.825, Characteristics of a terials (ASTM), 100 Barr Harbor Transponder System Using Dig- Drive, West Conshohocken, PA ital Selective-Calling Tech- 19428-2959 niques for Use with Vessel ASTM D4268–93, Standard Test Traffic Services and Ship-to- Method for Testing Fiber Ropes 164.74 Ship Identification, 1992 ...... 164.43 Cordage Institute, 350 Lincoln ITU-R Recommendation M.1371–1, Street, Hingham, MA 02043 Technical characteristics for a CIA–3, Standard Test Methods for universal shipborne automatic Fiber Rope Including Standard identification system using Terminations, Revised, June time division multiple access 1980 ...... 164.74 in the VHF maritime mobile International Electrotechnical Com- band, 1998–2001 ...... 164.46 mission (IEC), 3, rue de Varemb, Radio Technical Commission for Mar- Geneva, Switzerland. itime Services, 655 Fifteenth IEC 61993–2, Maritime navigation Street, NW., Suite 300, Wash- and radiocommunication equip- ington, DC 20005 ment and systems—Automatic (1) RTCM Paper 12–78/DO–100, identification systems (AIS)— Minimum Performance Stand- part 2: Class A shipborne equip- ards, Loran C Receiving Equip- ment of the universal auto- ment, 1977 ...... 164.41 matic identification system (2) RTCM Paper 194–93/SC104– (AIS)—Operational and per- STD, RTCM Recommended formance requirements, meth- Standards for Differential ods of test and required test re- NAVSTAR GPS Service, sults First edition, 2001–12 ...... 164.46 Version 2.1, 1994 ...... 164.43 International Maritime Organization (3) RTCM Paper 71–95/SC112–STD, (IMO), 4 Albert Embankment, RTCM Recommended Stand- London SE1 7SR, U.K. ards for Marine Radar Equip- IMO Resolution A342(IX), Rec- ment Installed on Ships of Less ommendation on Performance Than 300 Tons Gross Tonnage, Standards for Automatic Pi- Version 1.1, October 10, 1995 ...... 164.72 lots, adopted November 12, 1975 164.13 (4) RTCM Paper 191–93/SC112–X, Resolution MSC.74(69), Annex 3, RTCM Recommended Stand- Recommendation on Perform- ards for Maritime Radar Equip- ance Standards for a Universal ment Installed on Ships of 300 Shipborne Automatic Identi- Tons Gross Tonnage and Up- fication System (AIS), adopted wards, Version 1.2, December May 12, 1998 ...... 164.46 20, 1993 ...... 164.72 612

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[CGD 91–203, 58 FR 27632, May 10, 1993, as correctly applied by the person direct- amended by CGD 83–043, 60 FR 24771, May 10, ing the movement of the vessel; 1995; CGD 93–022, 60 FR 51734, Oct. 3, 1995; (j) A person whom he has determined CGD 96–026, 61 FR 33669, June 28, 1996; CGD is competent to steer the vessel is in 94–020, 61 FR 35072, July 3, 1996; USCG–1999– 1 5151, 64 FR 67176, Dec. 1, 1999; USCG–2002– the wheelhouse at all times; 12471, 67 FR 41333, June 18, 2002; USCG–2003– (k) If a pilot other than a member of 14757, 68 FR 39367, July 1, 2003; 68 FR 60569, the vessel’s crew is employed, the pilot Oct. 22, 2003; 69 FR 18803, Apr. 9, 2004; USCG– is informed of the draft, maneuvering 2004–18057, 69 FR 34926, June 23, 2004; USCG– characteristics, and peculiarities of the 2008–0179, 73 FR 35016, June 19, 2008] vessel and of any abnormal circumstances on the vessel that may af- § 164.11 Navigation under way: Gen- fect its safe navigation. eral. (l) Current velocity and direction for The owner, master, or person in the area to be transited are known by charge of each vessel underway shall the person directing the movement of ensure that: the vessel; (a) The wheelhouse is constantly (m) Predicted set and drift are known manned by persons who: by the person directing movement of (1) Direct and control the movement the vessel; of the vessel; and (n) Tidal state for the area to be (2) Fix the vessel’s position; transited is known by the person di- (b) Each person performing a duty de- recting movement of the vessel; scribed in paragraph (a) of this section (o) The vessel’s anchors are ready for is competent to perform that duty; letting go; (c) The position of the vessel at each (p) The person directing the move- fix is plotted on a chart of the area and ment of the vessel sets the vessel’s the person directing the movement of speed with consideration for: the vessel is informed of the vessel’s (1) The prevailing visibility and position; weather conditions; (d) Electronic and other navigational (2) The proximity of the vessel to equipment, external fixed aids to navi- fixed shore and marine structures; gation, geographic reference points, (3) The tendency of the vessel under- and hydrographic contours are used way to squat and suffer impairment of when fixing the vessel’s position; maneuverability when there is small (e) Buoys alone are not used to fix underkeel clearance; the vessel’s position; (4) The comparative proportions of NOTE: Buoys are aids to navigation placed the vessel and the channel; in approximate positions to alert the mar- (5) The density of marine traffic; iner to hazards to navigation or to indicate (6) The damage that might be caused the orientation of a channel. Buoys may not by the vessel’s wake; maintain an exact position because strong or (7) The strength and direction of the varying currents, heavy seas, ice, and colli- current; and sions with vessels can move or sink them or (8) Any local vessel speed limit; set them adrift. Although buoys may corroborate a position fixed by other means, (q) The tests required by § 164.25 are buoys cannot be used to fix a position: how- made and recorded in the vessel’s log; ever, if no other aids are available, buoys and alone may be used to establish an estimated (r) The equipment required by this position. part is maintained in operable condi- (f) The danger of each closing visual tion. or each closing radar contact is evalu- (s) Upon entering U.S. waters, the ated and the person directing the steering wheel or lever on the navi- movement of the vessel knows the gating bridge is operated to determine evaluation; if the steering equipment is operating (g) Rudder orders are executed as properly under manual control, unless given; (h) Engine speed and direction orders 1 See also 46 U.S.C. 8702(d), which requires are executed as given; an able seaman at the wheel on U.S. vessels (i) Magnetic variation and deviation of 100 gross tons or more in narrow or crowd- and gyrocompass errors are known and ed waters during low visibility.

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the vessel has been steered under man- tional watch, who is separate and dis- ual control from the navigating bridge tinct from the pilot. within the preceding 2 hours, except (d) Except as specified in paragraph when operating on the Great Lakes and (e) of this section, a tanker may oper- their connecting and tributary waters. ate with an auto pilot engaged only if (t) At least two of the steering-gear all of the following conditions exist: power units on the vessel are in oper- (1) The operation and performance of ation when such units are capable of si- the automatic pilot conforms with the multaneous operation, except when the standards recommended by the Inter- vessel is sailing on the Great Lakes national Maritime Organization in IMO and their connecting and tributary wa- Resolution A.342(IX). ters, and except as required by para- (2) A qualified helmsman is present graph (u) of this section. at the helm and prepared at all times (u) On each passenger vessel meeting to assume manual control. the requirements of the International Convention for the Safety of Life at (3) The tanker is not operating in any Sea, 1960 (SOLAS 60) and on each cargo of the following areas: vessel meeting the requirements of (i) The areas of the traffic separation SOLAS 74 as amended in 1981, the num- schemes specified in subchapter P of ber of steering-gear power units nec- this chapter. essary to move the rudder from 35° on (ii) The portions of a shipping safety either side to 30° on the other in not fairway specified in part 166 of this more than 28 seconds must be in simul- chapter. taneous operation. (iii) An anchorage ground specified in part 110 of this chapter. [CGD 74–77, 42 FR 5956, Jan. 31, 1977, as amended by CGD 83–004, 49 FR 43466, Oct. 29, (iv) An area within one-half nautical 1984; CGD 91–203, 58 FR 27633, May 10, 1993; mile of any U.S. shore. CGD 83–043, 60 FR 24771, May 10, 1995] (e) A tanker equipped with an integrated navigation system, and com- § 164.13 Navigation underway: tankers. plying with paragraph (d)(2) of this sec- (a) As used in this section, ‘‘tanker’’ tion, may use the system with the auto means a self-propelled tank vessel, in- pilot engaged while in the areas de- cluding integrated tug barge combina- scribed in paragraphs (d)(3) (i) and (ii) tions, constructed or adapted primarily of this section. The master shall pro- to carry oil or hazardous material in vide, upon request, documentation bulk in the cargo spaces and inspected showing that the integrated navigation and certificated as a tanker. system— (b) Each tanker must have an engi- (1) Can maintain a predetermined neering watch capable of monitoring trackline with a cross track error of the propulsion system, communicating less than 10 meters 95 percent of the with the bridge, and implementing time; manual control measures immediately (2) Provides continuous position data when necessary. The watch must be accurate to within 20 meters 95 percent physically present in the machinery of the time; and spaces or in the main control space and (3) Has an immediate override con- must consist of at least an engineer trol. with an appropriately endorsed license or merchant mariner credential. [CGD 91–203, 58 FR 27633, May 10, 1993, as (c) Each tanker must navigate with amended by CGD 91–203, 58 FR 36141, July 6, at least two deck officers with an ap- 1993; USCG–2006–24371, 74 FR 11213, Mar. 16, propriately endorsed license or mer- 2009] chant mariner credential on watch on the bridge, one of whom may be a pilot. § 164.15 Navigation bridge visibility. In waters where a pilot is required, the (a) The arrangement of cargo, cargo second officer, must be an individual gear, and trim of all vessels entering or holding an appropriately endorsed li- departing from U.S. ports must be such cense or merchant mariner credential that the field of vision from the navi- and assigned to the vessel as master, gation bridge conforms as closely as mate, or officer in charge of a naviga- possible to the following requirements:

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(1) From the conning position, the § 164.25 Tests before entering or get- view of the sea surface must not be ob- ting underway. scured by more than the lesser of two (a) Except as provided in paragraphs ship lengths or 500 meters (1640 feet) (b) and (c) of this section no person from dead ahead to 10 degrees on either may cause a vessel to enter into or get side of the vessel. Within this arc of underway on the navigable waters of visibility any blind sector caused by the United States unless no more than cargo, cargo gear, or other permanent 12 hours before entering or getting un- obstruction must not exceed 5 degrees. derway, the following equipment has (2) From the conning position, the been tested: horizontal field of vision must extend over an arc from at least 22.5 degrees (1) Primary and secondary steering abaft the beam on one side of the ves- gear. The test procedure includes a vis- sel, through dead ahead, to at least 22.5 ual inspection of the steering gear and degrees abaft the beam on the other its connecting linkage, and, where ap- side of the vessel. Blind sectors forward plicable, the operation of the following: of the beam caused by cargo, cargo (i) Each remote steering gear control gear, or other permanent obstruction system. must not exceed 10 degrees each, nor (ii) Each steering position located on total more than 20 degrees, including the navigating bridge. any blind sector within the arc of visi- (iii) The main steering gear from the bility described in paragraph (a)(1) of alternative power supply, if installed. this section. (iv) Each rudder angle indicator in (3) From each bridge wing, the field relation to the actual position of the of vision must extend over an arc from rudder. at least 45 degrees on the opposite bow, (v) Each remote steering gear control through dead ahead, to at least dead system power failure alarm. astern. (vi) Each remote steering gear power (4) From the main steering position, unit failure alarm. the field of vision must extend over an (vii) The full movement of the rudder arc from dead ahead to at least 60 de- to the required capabilities of the grees on either side of the vessel. steering gear. (b) A clear view must be provided (2) All internal vessel control com- through at least two front windows at munications and vessel control alarms. all times regardless of weather condi- (3) Standby or emergency generator, tions. for as long as necessary to show proper [CGD 85–099, 55 FR 32247, Aug. 8, 1990, as functioning, including steady state amended by USCG–2006–25150, 71 FR 39211, temperature and pressure readings. July 12, 2006] (4) Storage batteries for emergency lighting and power systems in vessel § 164.19 Requirements for vessels at control and propulsion machinery anchor. spaces. The master or person in charge of (5) Main propulsion machinery, ahead each vessel that is anchored shall en- and astern. sure that: (b) Vessels navigating on the Great (a) A proper anchor watch is main- Lakes and their connecting and tribu- tained; tary waters, having once completed the (b) Procedures are followed to detect test requirements of this subpart, are a dragging anchor; and considered to remain in compliance (c) Whenever weather, tide, or cur- until arriving at the next port of call rent conditions are likely to cause the on the Great Lakes. vessel’s anchor to drag, action is taken (c) Vessels entering the Great Lakes to ensure the safety of the vessel, from the St. Lawrence Seaway are con- structures, and other vessels, such as sidered to be in compliance with this being ready to veer chain, let go a sec- sub-part if the required tests are con- ond anchor, or get underway using the ducted preparatory to or during the vessel’s own propulsion or tug assist- passage of the St. Lawrence Seaway or ance. within one hour of passing Wolfe Is- [CGD 74–77, 42 FR 5956, Jan. 31, 1977] land.

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(d) No vessel may enter, or be oper- (ii) Tidal current tables published by ated on the navigable waters of the private entities using data provided by United States unless the emergency the National Ocean Service, or river steering drill described below has been current publication issued by the U.S. conducted within 48 hours prior to Army Corps of Engineers, or a river au- entry and logged in the vessel logbook, thority. unless the drill is conducted and logged (b) As an alternative to the require- on a regular basis at least once every ments for paragraph (a) of this section, three months. This drill must include a marine chart or publication, or appli- at a minimum the following: cable extract, published by a foreign (1) Operation of the main steering government may be substituted for a gear from within the steering gear U.S. chart and publication required by compartment. this section. The chart must be of large (2) Operation of the means of commu- enough scale and have enough detail to nications between the navigating make safe navigation of the area pos- bridge and the steering compartment. sible, and must be currently corrected. (3) Operation of the alternative power The publication, or applicable extract, supply for the steering gear if the ves- must singly or in combination contain sel is so equipped. similar information to the U.S. Gov- ernment publication to make safe navi- (92 Stat. 1471 (33 U.S.C. 1221 et seq.); 49 CFR gation of the area possible. The publi- 1.46(n)(4)) cation, or applicable extract must be [CGD 77–183, 45 FR 18925, Mar. 24, 1980, as currently corrected, with the excep- amended by CGD 83–004, 49 FR 43466, Oct. 29, tions of tide and tidal current tables, 1984] which must be the current editions. (c) As used in this section, ‘‘currently § 164.30 Charts, publications, and corrected’’ means corrected with equipment: General. changes contained in all Notices to No person may operate or cause the Mariners published by the National Im- operation of a vessel unless the vessel agery and Mapping Agency, or an has the marine charts, publications, equivalent foreign government publica- and equipment as required by §§ 164.33 tion, reasonably available to the ves- through 164.41 of this part. sel, and that is applicable to the vessel’s transit. [CGD 82–055, 48 FR 44535, Sept. 29, 1983] [CGD 82–055, 48 FR 44535, Sept. 29, 1983, as § 164.33 Charts and publications. amended by USCG–2001–9286, 66 FR 33641, 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.

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(g) The following maneuvering infor- (3) Water depth twice the vessel’s draft or mation prominently displayed on a fact greater; sheet in the wheelhouse: (4) Clean hull; and (1) A turning circle diagram to port (5) Intermediate drafts or unusual trim. and starboard that shows the time and (h) An echo depth sounding device. distance and advance and transfer re- (i) A device that can continuously quired to alter course 90 degrees with record the depth readings of the ves- maximum rudder angle and constant sel’s echo depth sounding device, ex- power settings, for either full and half cept when operating on the Great speeds, or for full and slow speeds. For Lakes and their connecting and tribu- vessels whose turning circles are essen- tary waters. tially the same for both directions, a diagram showing a turning circle in (j) Equipment on the bridge for plot- one direction, with a note on the dia- ting relative motion. gram stating that turns to port and (k) Simple operating instructions starboard are essentially the same, with a block diagram, showing the may be substituted. change-over procedures for remote (2) The time and distance to stop the steering gear control systems and vessel from either full and half speeds, steering gear power units, permanently or from full and slow speeds, while displayed on the navigating bridge and maintaining approximately the initial in the steering gear compartment. heading with minimum application of (l) An indicator readable from the the rudder. centerline conning position showing (3) For each vessel with a fixed pro- the rate of revolution of each propeller, peller, a table of shaft revolutions per except when operating on the Great minute for a representative range of Lakes and their connecting and tribu- speeds. tary waters. (4) For each vessel with a control- (m) If fitted with controllable pitch lable pitch propeller, a table of control propellers, an indicator readable from settings for a representative range of the centerline conning position show- speeds. ing the pitch and operational mode of (5) For each vessel that is fitted with such propellers, except when operating an auxiliary device to assist in maneu- on the Great Lakes and their con- vering, such as a bow thruster, a table necting and tributary waters. of vessel speeds at which the auxiliary (n) If fitted with lateral thrust pro- device is effective in maneuvering the vessel. pellers, an indicator readable from the centerline conning position showing (6) The maneuvering information for the normal load and normal ballast the direction and amount of thrust of condition for: such propellers, except when operating (i) Calm weather—wind 10 knots or on the Great Lakes and their con- less, calm sea; necting and tributary waters. (ii) No current; (o) A telephone or other means of (iii) Deep water conditions—water communication for relaying headings depth twice the vessel’s draft or great- to the emergency steering station. er; and Also, each vessel of 500 gross tons and (iv) Clean hull. over and constructed on or after June (7) At the bottom of the fact sheet, 9, 1995 must be provided with arrange- the following statement: ments for supplying visual compass- readings to the emergency steering sta- WARNING tion. The response of the (name of the vessel) (92 Stat. 1471 (33 U.S.C. 1221 et seq.); 49 CFR may be different from that listed above if 1.46(n)(4)) any of the following conditions, upon which the maneuvering information is based, are [CGD 74–77, 42 FR 5956, Jan. 31, 1977, as varied: amended by CGD 77–183, 45 FR 18925, Mar. 24, (1) Calm weather—wind 10 knots or less, 1980; CGD 83–004, 49 FR 43466, Oct. 29, 1984; calm sea; CGD 83–043, 60 FR 24771, May 10, 1995; 60 FR (2) No current; 28834, June 2, 1995]

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§ 164.37 Equipment: Vessels of 10,000 and are required by Rule 24(b) of the gross tons or more. International Regulations for Pre- (a) Each vessel of 10,000 gross tons or venting Collisions at Sea, 1972 (72 more must have, in addition to the COLREGS) (App. A to 33 CFR Part 81) radar system under § 164.35(a), a second to exhibit the lights prescribed in Rule marine radar system that operates 23 for a ‘‘Power Driven Vessel Under- independently of the first. way’’. NOTE: Independent operation means two Tank vessel means a vessel that is completely separate systems, from separate constructed or adapted to carry; or car- branch power supply circuits or distribution ries, oil or hazardous materials in bulk panels to antennas, so that failure of any as cargo or cargo residue. component of one system will not render the (b) An Automatic Radar Plotting Aid other system inoperative. (ARPA) that complies with the stand- (b) On each tanker of 10,000 gross tons ard for such devices adopted by the or more that is subject to 46 U.S.C. International Maritime Organization 3708, the dual radar system required by in its ‘‘Operational Standards for Auto- this part must have a short range capa- matic Radar Plotting Aids’’ (Appendix bility and a long range capability; and A), and that has both audible and vis- 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 (ARPA). United States, must be equipped with 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- means material in any quantity Bulk gable waters of the United States must that is shipped, stored, or handled be equipped with an ARPA. without benefit of package, label, mark (3) Each self-propelled vessel of 15,000 or count and carried in integral or gross tons or more that is not a tank fixed independent tanks. vessel, and is not carrying oil or haz- Constructed means a stage of con- ardous material in bulk as cargo or in struction where— (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 (c) [Reserved] (3) A liquid, liquefied gas, or com- (d)(1) Each device required under pressed gas listed in 49 CFR 172.101. paragraph (b) of this section must have Self-propelled vessel includes those a permanently affixed label containing: combinations of pushing vessel and (i) The name and address of the man- vessel being pushed ahead which are ufacturer; and rigidly connected in a composite unit (ii) The following statement:

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‘‘This device was designed and manu- 3.3.1 The ARPA should be able to auto- factured to comply with the Inter- matically track, process, simultaneously dis- national Maritime Organization (IMO) play and continuously update the informa- ‘Performance Standards for Automatic tion on at least: Radar Plotting Aids (ARPA).’ ’’ .1 20 targets, if automatic acquisition is provided, whether automatically or manu- (2) Each device allowed under para- ally acquired; or graph (c) of this section must have a .2 10 targets, if only manual acquisition is permanently affixed label containing; provided. (i) The name and address of the man- 3.3.2 If automatic acquisition is provided, ufacturer; and description of the criteria of selection of tar- (ii) The following statement: gets for tracking should be provided to the ‘‘This device was designed and manu- user. If the ARPA does not track all targets factured to comply with the U.S. Mari- visible on the display, targets which are being tracked should be clearly indicated on time Administration’s ‘Collision the display. The reliability of tracking Avoidance System Specification.’ ’’ should not be less than that obtainable using manual recording of successive target posi- APPENDIX A TO § 164.38—PERFORMANCE STAND- tions obtained from the radar display. ARDS FOR AUTOMATIC RADAR PLOTTING AIDS 3.3.3 Provided the target is not subject to (ARPA) target swop, the ARPA should continue to track an acquired target which is clearly dis- 1 Introduction tinguishable on the display for 5 out of 10 1.1 The Automatic Radar Plotting Aids consecutive scans. (ARPA) should, in order to improve the 3.3.4 The possibility of tracking errors, in- standard of collision avoidance at sea: cluding 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. 3.4 Display formance standards. 3.4.1 The Display may be a separate or in- 2 Definitions tegral part of the ship’s radar. However, the ARPA display should include all the data re- 2.1 Definitions of terms in these perform- quired to be provided by a radar display in ance standards are given in Annex 1. accordance with the performance standards for navigational radar equipment adopted by 3 Performance Standards 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 3.4.5 There should be a positive indication be indicated on the display. of the range scale in use. 3.2.2 Automatic or manual acquisition 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

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

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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

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

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ANNEX 2 TO APPENDIX A TO § 164.38— Radar OPERATIONAL SCENARIOS Target Glint (Scintillation) (for 200 m For each of the following scenarios pre- length target) dictions are made at the target position de- Along length of target o = 30 m. (normal fined after previously tracking for the appro- distribution) priate time of one or three minutes: Across beam of target o = 1 m. (normal distribution) Scenario 1 Roll-Pitch Bearing. The bearing error will Own ship course—000° peak in each of the four quadrants around Own ship speed—10 kt own ship for targets on relative bearings of ° ° ° ° Target range—8 n.m. 045 , 135 , 225 and 315 and will be zero at relative bearings of 0°, 90°, 180° and 270°. This Bearing of target—000° error has a sinusoidal variation at twice the Relative course of target—180° roll frequency. For a 10° roll the mean error Relative speed of target—20 kt is 0.22° with a 0.22° peak sine wave super- Scenario 2 imposed. Beam shape—assumed normal distribution Own ship course—000° giving bearing error with o = 0.05. Own ship speed—10 kt Pulse shape— assumed normal distribution Target range—1 n.m. giving range error with o = 20 meters. Bearing of target—000° Antenna backlash—assumed rectangular Relative course of target—090° distribution giving bearing error ± 0.5 max- Relative speed of target—10 kt imum. Scenario 3 Quantization Own ship course—000° Bearing—rectangular distribution ± 0.01° Own ship speed—5 kt maximum. Target range—8 n.m. Range—rectangular distribution ± 0.01 n.m. Bearing of target—045° maximum. Relative course of target—225° Bearing encoder assumed to be running Relative speed of target—20 kt from a remote synchro giving bearing errors with a normal distribution o = 0.03° Scenario 4 Gyro compass Own ship course—000° Own ship speed—25 kt Calibration error 0.5°. Target range—8 n.m. Normal distribution about this with o = Bearing of target—045° 0.12°. Relative course of target—225° Relative speed of target—20 kt Log Calibration error 0.5 kt. ANNEX 3 TO APPENDIX A TO § 164.38—SENSOR Normal distribution about this, 3 o = 0.2 ERRORS kt. The accuracy figures quoted in paragraph 3.8 are based upon the following sensor errors APPENDIX B TO § 164.38—U.S. MARITIME AD- and are appropriate to equipment complying MINISTRATION COLLISION AVOIDANCE SYSTEM with the Organization’s performance stand- SPECIFICATION ards for shipborne navigational equipment. 2 A collision system designed as a supple- Note: o means ‘‘standard deviation’’ ment to both surface search navigational radars via interswitching shall be installed. The system shall provide unattended moni- 2 In calculations leading to the accuracy toring of all radar echoes and automatic figures quoted in paragraph 3.8, these sensor audio and visual alarm signals that will alert error sources and magnitudes were used. the watch officer of a possible threat. The They were arrived at during discussions with display shall be contained within a console national government agencies and equip- capable of being installed adjacent to the ment manufacturers and are appropriate to radar displays in the wheelhouse and may equipments complying with the Organiza- form a part of the bridge console. tion’s draft performance standards for radar Provision for signal input from the ship’s equipment (preliminary) (NAV XXII/WP.14), radars, gyro compass, and speed log, without gyro compasses (NAV XXI/9, Annex X) and modification to these equipments shall be logs (preliminary) (NAV XXII/WP.15). made. The collision avoidance system, Independent studies carried out by na- whether operating normally or having failed, tional government agencies and equipment must not introduce any spurious signals or manufacturers have resulted in similar accu- otherwise degrade the performance of the ra- racies, where comparisons were made. dars, the gyro compass or the speed log.

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Computer generated display data for each § 164.39 Steering gear: Foreign tank- acquired target shall be in the form of a line ers. or vector indicating true or relative target course, speed and both present and extrapo- (a) This section applies to each for- lated future positions. Data shall be auto- eign tanker of 10,000 gross tons or matically displayed on a cathode ray tube or more, except a public vessel, that— other suitable display contrivance suffi- (1) Transfers oil at a port or place ciently bright and unobstructed to permit subject to the jurisdiction of the viewing by more than one person at a time. United States; or In addition to displaying the collision po- (2) Otherwise enters or operates in tential of the most threatening fixed and the navigable waters of the United moving targets, the system shall be capable States, except a vessel described by of simultaneously showing land masses. § 164.02 of this part. The system display shall include a heading (b) Definitions. The terms used in this indication and bearing ring. The system section are as follows: shall also have the capability of allowing the operator to select ‘‘head-up’’ and to cancel Constructed means the same as in the vector or line presentation of any of the Chapter II–1, Regulations 1.1.2 and targets. The presentation shall be non- 1.1.3.1, of SOLAS 74. smearing when changing modes or display Existing tanker means a tanker— scales in order to permit rapid evaluation of (1) For which the building contract is the displayed data. placed on or after June 1, 1979; Target acquisition, for display data pur- (2) In the absence of a building con- poses, may be manual, automatic or both, as tract, the keel of which is laid or which specified by Owner. is at a similar stage of construction on For any manual acquisition system the or after January 1, 1980; alarms shall be initiated by a preset min- (3) The delivery of which occurs on or imum range; and likewise for any automatic after June 1, 1982; or acquisition system the alarms shall be initiated by a preset minimum acceptable pass- (4) That has undergone a major con- ing distance (CPA—Closest Point of Ap- version contracted for on or after June proach) and a preset advance warning time 1, 1979; or construction of which was (TCPA—Time to Closest Point of Approach). begun on or after January 1, 1980, or Means shall be provided to silence the audio completed on or after June 1, 1982. alarm for a given threat but the alarm shall Public vessel, oil, hazardous materials, resound upon a subsequent threat. The vis- and foreign vessel mean the same as in ual alarm shall continue to operate until all 46 U.S.C. 2101. threats have been eliminated. If the collision SOLAS 74 means the International avoidance system fails to perform as indi- Convention for the Safety of Life at cated above, after the system is set for unat- Sea, 1974, as amended. tended monitoring, the system shall produce Tanker means a self-propelled vessel both audio and visual warning alarms. defined as a tanker by 46 U.S.C. 2101(38) The system shall be capable of simulating a trial maneuver. or as a tank vessel by 46 U.S.C. 2101(39). In addition to the target display, an alpha- (c) Each tanker constructed on or numeric readout shall be provided which can after September 1, 1984, must meet the present range, bearing, course, speed, CPA applicable requirements of Chapter II– and TCPA for any selected target, either on 1, Regulations 29 and 30, of SOLAS 74. the target display or by other display means. (d) Each tanker constructed before The collision avoidance system shall be en- September 1, 1984, must meet the re- ergized from the interior communications quirements of Chapter II–1, Regulation panel board in the wheelhouse. 29.19, of SOLAS 74. The collision avoidance function may be (e) Each tanker of 40,000 gross tons or incorporated in an integrated conning sys- more, constructed before September 1, tem, provided that failure of any other inte- 1984, that does not meet the single-fail- grated system component will not degrade ure criterion of Chapter II–1, Regula- the collision avoidance function. tion 29.16, of SOLAS 74, must meet the [CGD 79–148, 45 FR 54039, Aug. 14, 1980; 45 FR requirements of Chapter II–1, Regula- 71800, Oct. 30, 1980, as amended by CGD 83– tion 29.20, of SOLAS 74. 004, 49 FR 43467, Oct. 29, 1984; USCG–1998–3799, (f) Each tanker constructed before 63 FR 35532, June 30, 1998] September 1, 1984, must meet the applicable requirements of Chapter II–1,

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Regulations 29.14 and 29.15, of SOLAS (2) A satellite navigation receiver 74. with: [CGD 83–043, 60 FR 24771, May 10, 1995] (i) Automatic acquisition of satellite signals after initial operator settings § 164.40 Devices to indicate speed and have been entered; and distance. (ii) Position updates derived from (a) Each vessel required to be fitted satellite information during each usa- with an Automatic Radar Plotting Aid ble satellite pass. (ARPA) under § 164.38 of this part must (3) A system that is found by the be fitted with a device to indicate Commandant to meet the intent of the speed and distance of the vessel either statements of availability, coverage, through the water or over the ground. and accuracy for the U.S. Coastal Con- (b) The device must meet the fol- fluence Zone (CCZ) contained in the lowing specifications: U.S. ‘‘Federal Radionavigation Plan’’ (1) The display must be easily read- (Report No. DOD-NO 4650.4-P, I or No. able on the bridge by day or night. DOT-TSC-RSPA-80-16, I). A person de- (2) Errors in the indicated speed, siring a finding by the Commandant when the vessel is operating free from under this subparagraph must submit a shallow water effect, and from the ef- written application describing the defects of wind, current, and tide, should vice to the Assistant Commandant for not exceed 5 percent of the speed of the Operations, 2100 Second Street SW., vessel, or 0.5 knot, whichever is great- Washington, DC 20593–0001. After re- er. viewing the application, the Com- (3) Errors in the indicated distance mandant may request additional infor- run, when the vessel is operating free mation to establish whether or not the from shallow water effect, and from the effects of wind, current, and tide, device meets the intent of the Federal should not exceed 5 percent of the dis- Radionavigation Plan. tance run of the vessel in one hour or NOTE: The Federal Radionavigation Plan is 0.5 nautical mile in each hour, which- available from the National Technical Infor- ever is greater. mation Service, Springfield, Va. 22161, with the following Government Accession Num- [CGD 83–004, 49 FR 43467, Oct. 29, 1984, as bers: amended by USCG–1998–3799, 63 FR 35532, Vol 1, ADA 116468 June 30, 1998] Vol 2, ADA 116469 § 164.41 Electronic position fixing de- Vol 3, ADA 116470 vices. Vol 4, ADA 116471 (a) Each vessel calling at a port in (b) Each label required under para- the continental United States, includ- graph (a)(1) of this section must show ing Alaska south of Cape Prince of the following: Wales, except each vessel owned or (1) The name and address of the man- bareboat chartered and operated by the ufacturer. United States, or by a state or its po- (2) The following statement by the litical subdivision, or by a foreign na- manufacturer: tion, and not engaged in commerce, This receiver was designed and manu- must have one of the following: factured to meet Part 2 (Minimum Per- (1) A Type I or II LORAN C receiver formance Standards) of the RTCM MPS as defined in Section 1.2(e), meeting Part 2 (Minimum Performance Stand- for Marine Loran-C Receiving Equip- ards) of the Radio Technical Commis- ment. sion for Marine Services (RTCM) Paper (Sec. 12, 92 Stat. 1477 (33 U.S.C. 1231); 49 CFR 12–78/DO–100 dated December 20, 1977, 1.46(n)(4)) entitled ‘‘Minimum Performance [CGD 81–081, 47 FR 58244, Dec. 30, 1982, as Standards (MPS) Marine Loran-C Re- amended by CGD 88–052, 53 FR 25122, July 1, ceiving Equipment’’. Each receiver in- 1988; CGD 96–026, 61 FR 33669, June 28, 1996; stalled must be labeled with the infor- CGD 97–023, 62 FR 33365, June 19, 1997; USCG– mation required under paragraph (b) of 1998–3799, 63 FR 35532, June 30, 1998] this section.

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§ 164.42 Rate of turn indicator. keying modulated medium frequency Each vessel of 100,000 gross tons or signals in the marine radiobeacon more constructed on or after Sep- band, and supply the messages to the tember 1, 1984 shall be fitted with a dGPS receiver; rate of turn indicator. (8) Transmit the vessel’s position, tagged with the UTC at position solu- [CGD 83–004, 49 FR 43468, Oct. 29, 1984] tion, course over ground, speed over ground, and Lloyd’s identification § 164.43 Automatic Identification Sys- number to a VTS; tem Shipborne Equipment—Prince William Sound. (9) Display a visual alarm to indicate to shipboard personnel when a failure (a) Until December 31, 2004, each ves- to receive or utilize the RTCM mes- sel required to provide automated posi- sages occurs; tion reports to a Vessel Traffic Service (10) Display a separate visual alarm (VTS) under § 165.1704 of this sub- which is triggered by a VTS utilizing a chapter must do so by an installed DSC message to indicate to shipboard Automatic Identification System Ship- personnel that the U.S. Coast Guard borne Equipment (AISSE) system con- dGPS system cannot provide the re- sisting of a: quired error correction messages; and (1) Twelve-channel all-in-view Dif- ferential Global Positioning System (11) Display two RTCM type 16 mes- (dGPS) receiver; sages, one of which must display the (2) Marine band Non-Directional Bea- position error in the position error con receiver capable of receiving dGPS broadcast. error correction messages; (c) An AISSE is considered non-oper- (3) VHF—FM transceiver capable of ational if it fails to meet the require- Digital Selective Calling (DSC) on the ments of paragraph (b) of this section. designated DSC frequency; and NOTE: Vessel Traffic Service (VTS) areas (4) Control unit. and operating procedures are set forth in (b) An AISSE must have the fol- Part 161 of this chapter. lowing capabilities: [CGD 90–020, 59 FR 36334, July 15, 1994, as (1) Use dGPS to sense the position of amended by CGD 97–023, 62 FR 33365, June 19, the vessel and determine the time of 1997; USCG–2003–14757, 68 FR 39367, July 1, the position using Universal Coordi- 2003; 68 FR 60569, Oct. 22, 2003] nated Time (UTC); § 164.46 Automatic Identification Sys- (2) Fully use the broadcast type 1, 2, tem (AIS). 3, 5, 6, 7, 9, and 16 messages, as specified in RTCM Recommended Standards for (a) The following vessels must have a Differential NAVSTAR GPS Service in properly installed, operational, type determining the required information; approved AIS as of the date specified: (3) Achieve a position error which is (1) Self-propelled vessels of 65 feet or less than ten meters (32.8 feet) 2 dis- more in length, other than passenger tance root mean square (2 drms) from and fishing vessels, in commercial the true North American Datum of 1983 service and on an international voyage, (NAD 83) in the position information not later than December 31, 2004. transmitted to a VTS; (2) Notwithstanding paragraph (a)(1) (4) Achieve a course error of less than of this section, the following, self-pro- 0.5 degrees from true course over pelled vessels, that are on an inter- ground in the course information national voyage must also comply with transmitted to a VTS; SOLAS, as amended, Chapter V, regu- (5) Achieve a speed error of less than lation 19.2.1.6, 19.2.4, and 19.2.3.5 or 0.05 knots from true speed over ground 19.2.5.1 as appropriate (Incorporated by in the speed information transmitted reference, see § 164.03): to a VTS; (i) Passenger vessels, of 150 gross ton- (6) Receive and comply with com- nage or more, not later than July 1, mands broadcast from a VTS as DSC 2003; messages on the designated DSC fre- (ii) Tankers, regardless of tonnage, quency; not later than the first safety survey (7) Receive and comply with RTCM for safety equipment on or after July 1, messages broadcast as minimum shift 2003;

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(iii) Vessels, other than passenger navigation and communication equip- vessels or tankers, of 50,000 gross ton- ment on board and such that only one nage or more, not later than July 1, AIS unit may be in operation at any 2004; and one time. (iv) Vessels, other than passenger (d) The AIS Pilot Plug, on each ves- vessels or tankers, of 300 gross tonnage sel over 1,600 gross tons on an inter- or more but less than 50,000 gross ton- national voyage, must be available for nage, not later than the first safety pilot use, easily accessible from the survey for safety equipment on or after primary conning position of the vessel, July 1, 2004, but no later than Decem- and near a 120 Volt, AC power, 3-prong ber 31, 2004. receptacle. (3) Notwithstanding paragraphs (a)(1) and (a)(2) of this section, the following [USCG–2003–14757, 68 FR 60569, Oct. 22, 2003] vessels, when navigating an area denoted in table 161.12(c) of § 161.12 of this § 164.51 Deviations from rules: Emer- chapter, not later than December 31, gency. 2004: Except for the requirements of (i) Self-propelled vessels of 65 feet or § 164.53(b), in an emergency, any person more in length, other than fishing ves- may deviate from any rule in this part sels and passenger vessels certificated to the extent necessary to avoid endan- to carry less than 151 passengers-for- gering persons, property, or the envi- hire, in commercial service; ronment. (ii) Towing vessels of 26 feet or more in length and more than 600 horse- [CGD 74–77, 42 FR 5956, Jan. 31, 1977] power, in commercial service; (iii) Passenger vessels certificated to § 164.53 Deviations from rules and re- carry more than 150 passengers-for- porting: Non-operating equipment. hire. (a) If during a voyage any equipment required by this part stops operating NOTE TO § 164.46(a): ‘‘Properly installed’’ refers to an installation using the guidelines properly, the person directing the set forth in IMO SN/Circ.227 (incorporated by movement of the vessel may continue reference, see § 164.03). Not all AIS units are to the next port of call, subject to the able to broadcast position, course, and speed directions of the District Commander without the input of an external positioning or the Captain of the Port, as provided device (e.g. dGPS); the use of other external devices (e.g. transmitting heading device, by Part 160 of this chapter. gyro, rate of turn indicator) is highly rec- (b) If the vessel’s radar, radio naviga- ommended, however, not required except as tion receivers, gyrocompass, echo stated in § 164.46(a)(2). ‘‘Type approved’’ re- depth sounding device, or primary fers to an approval by an IMO recognized Ad- steering gear stops operating properly, ministration as to comply with IMO Resolu- tion MSC.74(69), ITU-R Recommendation the person directing the movement of M.1371–1, and IEC 61993–2 (Incorporated by the vessel must report or cause to be reference, see § 164.03). ‘‘Length’’ refers to reported that it is not operating prop- ‘‘registered length’’ as defined in 46 CFR part erly to the nearest Captain of the Port, 69. ‘‘Gross tonnage’’ refers to tonnage as de- District Commander, or, if partici- fined under the International Convention on pating in a Vessel Traffic Service, to Tonnage Measurement of Ships, 1969. the Vessel Traffic Center, as soon as (b) The requirements for Vessel possible. Bridge-to-Bridge radiotelephones in §§ 26.04(a) and (c), 26.05, 26.06 and 26.07 of (Sec. 2, Pub. L. 95–474, 92 Stat. 1471 (33 U.S.C. this chapter also apply to AIS. The 1221); 49 CFR 1.46(n)(4)) term ‘‘effective operating condition’’ [CGD 74–77, 42 FR 5956, Jan. 31, 1977] used in § 26.06 of this chapter includes EDITORIAL NOTE: For FEDERAL REGISTER ci- accurate input and upkeep of AIS data tations affecting § 164.53, see the List of CFR fields. Sections Affected, which appears in the (c) The use of a portable AIS is per- Finding Aids section of the printed volume missible only to the extent that elec- and on GPO Access. tromagnetic interference does not affect the proper function of existing

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§ 164.55 Deviations from rules: Con- ters including the Calumet River as far tinuing operation or period of time. as the Thomas J. O’Brien Lock and The Captain of the Port, upon writ- Controlling Works (between miles 326 ten application, may authorize a devi- and 327), the Chicago River as far as ation from any rule in this part if he the east side of the Ashland Avenue determines that the deviation does not Bridge (between miles 321 and 322), and impair the safe navigation of the vessel the Saint Lawrence River as far east as under anticipated conditions and will the lower exit of Saint Lambert Lock. not result in a violation of the rules for Merchant mariner credential or MMC preventing collisions at sea. The au- means the credential issued by the thorization may be issued for vessels Coast Guard under 46 CFR part 10. It operating in the waters under the juris- combines the individual merchant diction of the Captain of the Port for mariner’s document, license, and cer- any continuing operation or period of tificate of registry enumerated in 46 time the Captain of the Port specifies. U.S.C. subtitle II part E as well as the STCW endorsement into a single cre- [CGD 74–77, 42 FR 5956, Jan. 31, 1977] dential that serves as the mariner’s § 164.61 Marine casualty reporting and qualification document, certificate of record retention. identification, and certificate of serv- When a vessel is involved in a marine ice. casualty as defined in 46 CFR 4.03–1, Swing-meter means an electronic or the master or person in charge of the electric device that indicates the rate vessel shall: of turn of the vessel on board which it (a) Ensure compliance with 46 CFR is installed. Subpart 4.05, ‘‘Notice of Marine Cas- Towing vessel means a commercial ualty and Voyage Records;’’ and vessel engaged in or intending to en- (b) Ensure that the voyage records gage in pulling, pushing or hauling required by 46 CFR 4.05–15 are retained alongside, or any combination of pull- for: ing, pushing, or hauling alongside. (1) 30 days after the casualty if the Western Rivers means the Mississippi vessel remains in the navigable waters River, its tributaries, South Pass, and of the United States; or Southwest Pass, to the navigational- (2) 30 days after the return of the ves- demarcation lines dividing the high sel to a United States port if the vessel seas from harbors, rivers, and other in- departs the navigable waters of the land waters of the United States, and United States within 30 days after the the Port Allen-Morgan City Alter- marine casualty. native Route, and that part of the Atchafalaya River above its junction [CGD 74–77, 42 FR 5956, Jan. 31, 1977] with the Port Allen-Morgan City Alter- § 164.70 Definitions. native Route including the Old River 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, chart, or map required by § 164.72. [CGD 94–020, 61 FR 35072, July 3, 1996, as Currently corrected edition means a amended by USCG–2006–24371, 74 FR 11213, current or previous edition of a publi- Mar. 16, 2009] cation required by § 164.72, corrected with changes that come from Notices § 164.72 Navigational-safety equip- to Mariners (NTMs) or Notices to Navi- ment, charts or maps, and publications required on towing vessels. gation reasonably available and that apply to the vessel’s transit. Hand-an- (a) Except as provided by § 164.01(b), notated river maps from the U.S. Army each towing vessel must be equipped Corps of Engineers (ACOE) are cur- with the following navigational-safety rently corrected editions if issued with- equipment: in the previous 5 years. (1) Marine Radar. By August 2, 1997, a Great Lakes means the Great Lakes marine radar that meets the following and their connecting and tributary wa- applicable requirements:

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(i) For a vessel of less than 300 tons an existing radar must meet the dis- gross tonnage that engages in towing play and stabilization requirements of on navigable waters of the U.S., includ- paragraph (a)(1)(ii)(B) of this section ing Western Rivers, the radar must by August 2, 2001. meet— (2) Searchlight. A searchlight, (A) The requirements of the Federal directable from the vessel’s main steer- Communications Commission (FCC) ing station and capable of illuminating specified by 47 CFR part 80; and objects at a distance of at least two (B) RTCM Standard for Marine Radar times the length of the tow. Equipment Installed on Ships of Less (3) VHF-FM Radio. An installation or Than 300 Tons Gross Tonnage, RTCM multiple installations of VHF-FM ra- Paper 71–95/SC112–STD, Version 1.1, dis- dios as prescribed by part 26 of this play Category II and stabilization Cat- chapter and 47 CFR part 80, to main- egory Bravo. tain a continuous listening watch on (ii) For a vessel of less than 300 tons the designated calling channel, VHF- gross tonnage that engages in towing FM Channel 13 (except on portions of seaward of navigable waters of the U.S. the Lower Mississippi River, where or more than three nautical miles from VHF-FM Channel 67 is the designated shore on the Great Lakes, the radar calling channel), and to separately must meet— monitor the International Distress and (A) The requirements of the FCC Calling Channel, VHF-FM Channel 16, specified by 47 CFR part 80; and except when transmitting or receiving (B) RTCM Standard for Marine Radar traffic on other VHF-FM channels or Equipment Installed on Ships of Less when participating in a Vessel Traffic Than 300 Tons Gross Tonnage, RTCM Service (VTS) or monitoring a channel Paper 71–95/SC112–STD, Version 1.1, dis- of a VTS. (Each U.S. towing vessel of 26 play Category I and stabilization Cat- feet (about 8 meters) or more in length, egory Alpha. except a public vessel, must hold a (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 on Ships of 300 Tons Gross Tonnage and field Road; Gettysburg, PA 17325–7245.) Upwards, RTCM Paper 191–93/SC112–X, (4) Magnetic Compass. Either— Version 1.2 except the requirements for (i) An illuminated swing-meter or an azimuth stabilization in paragraph 3.10. illuminated car-type magnetic steering (iv) For a vessel of 300 tons gross ton- compass readable from the vessel’s nage or more that engages in towing main steering station, if the vessel en- seaward of navigable waters of the U.S. gages in towing exclusively on Western or more than three nautical miles from Rivers; or shore on the Great Lakes, the radar (ii) An illuminated card-type mag- must meet— netic steering compass readable from (A) The requirements of the FCC the vessel’s main steering station. specified by 47 CFR Part 80; and (5) Echo Depth-Sounding Device. By (B) RTCM Recommended Standards August 2, 2001, an echo depth-sounding for Marine Radar Equipment Installed device readable from the vessel’s main on Ships of 300 Tons Gross Tonnage and steering station, unless the vessel en- Upwards, RTCM Paper 191–93/SC112–X, gages in towing exclusively on Western Version 1.2. Rivers. (v) A towing vessel with an existing (6) Electronic Position-Fixing Device. radar must meet the applicable re- An electronic position-fixing device, ei- quirements of paragraphs (a)(1) (i) ther a LORAN-C receiver or a satellite through (iv) of this section by August navigational system such as the Global 2, 1998; except that a towing vessel with Positioning System (GPS) as required

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by § 164.41, if the vessel engages in tow- of the areas possible, and must be curing seaward of navigable waters of the rently corrected. U.S. or more than three nautical miles (2) General publications. A currently from shore on the Great Lakes. corrected edition of, or an applicable (b) Each towing vessel must carry on currently corrected extract from, each board and maintain the following: of the following publications for the (1) Charts or maps. Marine charts or area to be transited: maps of the areas to be transited, pub- (i) If the vessel is engaged in towing lished by the National Ocean Service exclusively on Western Rivers— (NOS), the ACOE, or a river authority (A) U.S. Coast Guard Light List; that satisfy the following require- (B) Applicable Notices to Navigation ments: published by the ACOE, or Local No- (i) The charts or maps must be of a tices to Mariners (LNMs) published by large enough scale and have enough de- the Coast Guard, for the area to be tail to make safe navigation of the transited, when available; and areas possible. (C) River-current tables published by (ii) The charts or maps must be ei- the ACOE or a river authority, if avail- ther— able. (A) Current editions or currently cor- (ii) If the vessel is engaged other rected editions, if the vessel engages in than in towing exclusively on Western towing exclusively on navigable waters Rivers— of the U.S., including Western Rivers; (A) Coast Guard Light List; or (B) Notices to Mariners published by (B) Currently corrected editions, if the National Imagery and Mapping the vessel engages in towing seaward of Agency, or LNMs published by the navigable waters of the U.S. or more Coast Guard; than three nautical miles from shore (C) Tidal-current tables published by on the Great Lakes. private entities using data provided by (iii) The charts or maps may be, in- the NOS, or river-current tables pub- stead of charts or maps required by lished by the ACOE or a river author- paragraphs (b)(1) (i) and (ii) of this sec- ity: tion, currently corrected marine charts (D) Tide tables published by private or maps, or applicable extracts, pub- entities using data provided by the lished by a foreign government. These NOS; and charts or maps, or applicable extracts, (E) U.S. Coast Pilot. must contain information similar to (c) Table 164.72, following, summa- that on the charts or maps required by rizes the navigational-safety equip- paragraphs (b)(1) (i) and (ii) of this sec- ment, charts or maps, and publications tion, be of large enough scale, and have required for towing vessels of 12 meters enough detail to make safe navigation or more in length engaged in towing:

TABLE 164.72—EQUIPMENT, CHARTS OR MAPS, AND PUBLICATIONS FOR TOWING VESSELS OF12 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.

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TABLE 164.72—EQUIPMENT, CHARTS OR MAPS, AND PUBLICATIONS FOR TOWING VESSELS OF12 METERS OR MORE IN LENGTH—Continued

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

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.

[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]

§ 164.74 Towline and terminal gear for wire clips or as many wire clips as the towing astern. manufacturer specifies for the nominal (a) Towline. The owner, master, or op- diameter and construction of the tow- erator of each vessel towing astern line, whichever is more. shall ensure that the strength of each (3) The condition of each towline towline is adequate for its intended must be monitored through the— service, considering at least the fol- (i) Keeping on board the towing ves- lowing factors: sel or in company files of a record of (1) The size and material of each tow- the towline’s initial minimum break- line must be— ing strength as determined by the man- (i) Appropriate for the horsepower or ufacturer, by a classification (‘‘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, Specification for intended service; Wire Rope, Section 3; ASTM D 4268 (in- (iii) Appropriate for the sea condi- corporated by reference, see § 164.03), tions expected during the intended Standard Test Method for Testing service; Fiber Ropes; or Cordage Institute CIA (iv) Appropriate for exposure to the 3, Standard Test Methods for Fiber marine environment and to any chemi- Rope Including Standard Termi- cals used or carried on board the ves- nations; sel; (v) Appropriate for the temperatures (ii) If the towline is purchased from of normal stowage and service on board another owner, master, or operator of a the vessel; vessel with the intent to use it as a (vi) Compatible with associated navi- towline or if it is retested for any rea- gational-safety equipment; and son, keeping on board the towing vessel (vii) Appropriate for the likelihood of or in company files of a record of each mechanical damage. retest of the towline’s minimum break- (2) Each towline as rigged must be— ing strength as determined by a class (i) Free of knots; society authorized in § 157.04 of this (ii) Spliced with a thimble, or have a chapter or by a tensile test that meets poured socket at its end; and API Specification 9A, Section 3; ASTM (iii) Free of wire clips except for tem- D 4268 (incorporated by reference, see porary repair, for which the towline § 164.03) or Cordage Institute CIA 3, must have a thimble and either five Standard Test Methods;

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(iii) Conducting visual inspections of strength and anticipated loading of the the towline in accordance with the towline and for the environment; manufacturer’s recommendations, or (2) Each connection is secured by at at least monthly, and whenever the least one nut with at least one cotter serviceability of the towline is in doubt pin or other means of preventing its (the inspections being conducted by the failure; owner, master, or operator, or by a per- (3) The lead of the towline is appro- son on whom the owner, master, or op- priate to prevent sharp bends in the erator confers the responsibility to towline from fairlead blocks, chocks, take corrective measures appropriate or tackle; for the use of the towline); (4) There is provided a method, (iv) Evaluating the serviceability of whether mechanical or non-mechan- the whole towline or any part of the ical, that does not endanger operating towline, and removing the whole or personnel but that easily releases the part from service either as rec- towline; ommended by the manufacturer or a (5) The towline is protected from ab- class society authorized in § 157.04 of rasion or chafing by chafing gear, lag- this chapter or in accordance with a re- ging, or other means; placement schedule developed by the (6) Except on board a vessel towing in owner, master, or operator that ac- ice on Western Rivers or one using a counts for at least the— towline of synthetic or natural fiber, (A) Nautical miles on, or time in there is fitted a winch that evenly service of, the towline; spools and tightly winds the towline; (B) Operating conditions experienced and by the towline; (7) If a winch is fitted, there is at- (C) History of loading of the towline; tached to the main drum a brake that (D) Surface condition, including cor- has holding power appropriate for the rosion and discoloration, of the tow- horsepower or bollard pull of the vessel line; and can be operated without power to (E) Amount of visible damage to the the winch. towline; [CGD 94–020, 61 FR 35074, July 3, 1996, as (F) Amount of material deterioration amended by USCG–1999–5151, 64 FR 67176, indicated by measurements of diameter Dec. 1, 1999] and, if applicable, measurements of lay extension of the towline; and § 164.76 Towline and terminal gear for towing alongside and pushing (G) Point at which a tensile test ahead. proves the minimum breaking strength of the towline inadequate by the stand- The owner, master, or operator of ards of paragraph (a)(1) of this section, each vessel towing alongside or push- if necessary; and ing ahead shall ensure that the face wires, spring lines, and push gear (v) Keeping on board the towing ves- used— sel or in company files of a record of the material condition of the towline (a) Are appropriate for the vessel’s when inspected under paragraphs horsepower; (a)(3)(iii) and (iv) of this section. Once (b) Are appropriate for the arrange- this record lapses for three months or ment of the tow; more, except when a vessel is laid up or (c) Are frequently inspected; and out of service or has not deployed its (d) Remain serviceable. towline, the owner, master, or operator [CGD 94–020, 61 FR 35075, July 3, 1996] shall retest the towline or remove it from service. § 164.78 Navigation under way: Towing (b) Terminal gear. The owner, master, vessels. or operator of each vessel towing (a) The owner, master, or operator of astern shall ensure that the gear used each vessel towing shall ensure that to control, protect, and connect each each person directing and controlling towline meets the following criteria: the movement of the vessel— (1) The material and size of the ter- (1) Understands the arrangement of minal gear are appropriate for the the tow and the effects of maneuvering

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on the vessel towing and on the vessel, (1) Steering-systems. A test of the barge, or object being towed; steering-gear-control system; a test of (2) Can fix the position of the vessel the main steering gear from the alter- using installed navigational equip- native power supply, if installed; a ment, aids to navigation, geographic verification of the rudder-angle indi- reference-points, and hydrographic cator relative to the actual position of contours; the rudder; and a visual inspection of (3) Does not fix the position of the the steering gear and its linkage. vessel using buoys alone (Buoys are (2) Navigational equipment. A test of aids to navigation placed in approxi- all installed navigational equipment. mate positions either to alert mariners (3) Communications. Operation of all to hazards to navigation or to indicate internal vessel control communica- the orientation of a channel. They may tions and vessel-control alarms, if in- not maintain exact charted positions, stalled. because strong or varying currents, (4) Lights. Operation of all naviga- heavy seas, ice, and collisions with ves- tional lights and all searchlights. sels can move or sink them or set them (5) Terminal gear. Visual inspection of adrift. Although they may corroborate tackle; of connections of bridle and a position fixed by other means, they towing pendant, if applicable; of chaf- cannot fix a position; however, if no ing gear; and of the winch brake, if in- other aids are available, buoys alone stalled. may establish an estimated position.); (6) Propulsion systems. Visual inspec- (4) Evaluates the danger of each clos- tion of the spaces for main propulsion ing visual or radar contact; machinery, of machinery, and of de- (5) Knows and applies the variation vices for monitoring machinery. and deviation, where a magnetic com- (b) The owner, master, or operator of pass is fitted and where charts or maps each towing vessel of 1,600 GT or more have enough detail to enable this type shall ensure that the following tests of of correction; (6) Knows the speed and direction of equipment occur at the frequency re- the current, and the set, drift, and quired by § 164.25 and that the following tidal state for the area to be transited; inspections of gear occur before the (7) Proceeds at a safe speed taking vessel embarks on a voyage of more into account the weather, visibility, than 24 hours or when each new master density of traffic, draft of tow, possi- or operator assumes command: bility of wake damage, speed and direc- (1) Navigational equipment. Tests of tion of the current, and local speed- onboard equipment as required by limits; and § 164.25. (8) Monitors the voyage plan required (2) Terminal gear. Visual inspection of by § 164.80. tackle; of connections of bridle and (b) The owner, master, or operator of towing pendant, if applicable; of chaf- each vessel towing shall ensure that ing gear; and of the winch brake, if in- the tests and inspections required by stalled. § 164.80 are conducted and that the re- (c)(1) The voyage-planning require- sults are entered in the log or other ments outlined in this section do not record carried on board. apply to you if your towing vessel is— (i) Used solely for any of the fol- [CGD 94–020, 61 FR 35075, July 3, 1996, as amended by USCG–2000–6931, 68 FR 22610, lowing services or any combination of Apr. 29, 2003; 69 FR 34068, June 18, 2004] these services— (A) Within a limited geographic area, § 164.80 Tests, inspections, and voyage such as a fleeting-area for barges or a planning. commercial facility, and used for re- (a) The owner, master, or operator of stricted service, such as making up or each towing vessel of less than 1,600 GT breaking up larger tows; shall ensure that the following tests (B) For harbor-assist; and inspections of gear occur before (C) For assistance towing as defined the vessel embarks on a voyage of more by 46 CFR 10.103; than 24 hours or when each new master (D) For response to emergency or pol- or operator assumes command: lution;

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(ii) A public vessel that is both vertical clearances (air-gaps) for all owned, or demise chartered, and oper- bridges, ports, and berthing areas; ated by the United States Government (v) Pre-departure checklists; or by a government of a foreign coun- (vi) Calculated speed and estimated try; and that is not engaged in com- time of arrival at proposed waypoints; mercial service; (vii) Communication contacts at any (iii) A foreign vessel engaged in inno- Vessel Traffic Services, bridges, and fa- cent passage; or cilities, and any port-specific require- (iv) Exempted by the Captain of the ments for VHF radio; Port (COTP). (viii) Any master’s or operator’s (2) If you think your towing vessel standing orders detailing closest points should be exempt from these voyage of approach, special conditions, and planning requirements for a specified critical maneuvers; and route, you should submit a written re- (ix) Whether the towing vessel has quest to the appropriate COTP. The sufficient power to control the tow COTP will provide you with a written under all foreseeable circumstances. response granting or denying your request. [CGD 94–020, 61 FR 35075, July 3, 1996, as (3) If any part of a towing vessel’s in- amended by USCG–2000–6931, 68 FR 22610, tended voyage is seaward of the base- Apr. 29, 2003; 69 FR 34068, June 18, 2004] line (i.e., the shoreward boundary) of the territorial sea of the U.S., then the § 164.82 Maintenance, failure, and re- owner, master, or operator of the ves- porting. sel, employed to tow a barge or barges, (a) Maintenance. The owner, master, must ensure that the voyage with the or operator of each towing vessel shall barge or barges is planned, taking into maintain operative the navigational- account all pertinent information be- safety equipment required by § 164.72. fore the vessel embarks on the voyage. (b) Failure. If any of the navigational- The master must check the planned safety equipment required by § 164.72 route for proximity to hazards before fails during a voyage, the owner, mas- the voyage begins. During a voyage, if ter, or operator of the towing vessel a decision is made to deviate substan- shall exercise due diligence to repair it tially from the planned route, then the at the earliest practicable time. He or master or mate must plan the new she shall enter its failure in the log or route before deviating from the other record carried on board. The fail- planned route. The voyage plan must ure of equipment, in itself, does not follow company policy and consider the constitute a violation of this rule; nor following (related requirements noted does it constitute unseaworthiness; nor in parentheses): does it obligate an owner, master, or (i) Applicable information from nau- operator to moor or anchor the vessel. tical charts and publications (also see paragraph (b) of section 164.72), includ- However, the owner, master, or oper- ing Coast Pilot, Coast Guard Light ator shall consider the state of the List, and Coast Guard Local Notice to equipment—along with such factors as Mariners for the port of departure, all weather, visibility, traffic, and the dic- ports of call, and the destination; tates of good seamanship—in deciding (ii) Current and forecast weather, in- whether it is safe for the vessel to pro- cluding visibility, wind, and sea state ceed. for the port of departure, all ports of (c) Reporting. The owner, master, or call, and the destination (also see para- operator of each towing vessel whose graphs (a)(7) of section 164.78 and (b) of equipment is inoperative or otherwise section 164.82); impaired while the vessel is operating (iii) Data on tides and currents for within a Vessel Traffic Service (VTS) the port of departure, all ports of call, Area shall report the fact as required and the destination, and the river by 33 CFR 161.124. (33 CFR 161.124 re- stages and forecast, if appropriate; quires that each user of a VTS report (iv) Forward and after drafts of the to the Vessel Traffic Center as soon as barge or barges and under-keel and practicable:

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(1) Any absence or malfunction of 165.3 Definitions. vessel-operating equipment for naviga- 165.5 Establishment procedures. tional safety, such as propulsion ma- 165.7 Notification. chinery, steering gear, radar, gyro- 165.8 Geographic coordinates. 165.9 Geographic application of limited and compass, echo depth-sounding or other controlled access areas and regulated sounding device, automatic dependent navigation areas. surveillance equipment, or navigational lighting; Subpart B—Regulated Navigation Areas (2) Any condition on board the vessel likely to impair navigation, such as 165.10 Regulated navigation areas. shortage of personnel or lack of cur- 165.11 Vessel operating requirements (regulations). rent nautical charts or maps, or publi- 165.13 General regulations. cations; and (3) Any characteristics of the vessel Subpart C—Safety Zones that affect or restrict the maneuverability of the vessel, such as arrange- 165.20 Safety zones. ment of cargo, trim, loaded condition, 165.23 General regulations under-keel clearance, and speed.) Subpart D—Security Zones (d) Deviation and authorization. The owner, master, or operator of each tow- 165.30 Security zones. ing vessel unable to repair within 96 165.33 General regulations. hours an inoperative marine radar required by § 164.72(a) shall so notify the Subpart E—Restricted Waterfront Areas Captain of the Port (COTP) and shall 165.40 Restricted waterfront areas. seek from the COTP both a deviation from the requirements of this section Subpart F—Specific Regulated Navigation and an authorization for continued op- Areas and Limited Access Areas eration in the area to be transited. FIRST COAST GUARD DISTRICT Failure of redundant navigational-safety equipment, including but not lim- 165.T01–0422 Summer 2009 Fireworks, Coast- ited to failure of one of two installed al Massachusetts. radars, where each satisfies § 164.72(a), 165.T01–0512 Safety Zone: F/V PATRIOT, Massachusetts Bay, MA. does not necessitate either a deviation 165.100 Regulated Navigation Area: Navi- or an authorization. gable waters within the First Coast (1) The initial notice and request for Guard District. a deviation and an authorization may 165.101 Kittery, Maine—regulated naviga- be spoken, but the request must also be tion area. written. The written request must ex- 165.102 Security Zone: Walkers Point, plain why immediate repair is imprac- Kennebunkport, ME. ticable, and state when and by whom 165.103 Safety and Security Zones; LPG the repair will be made. Vessel Transits in Portland, Maine, Cap- tain of the Port Zone, Portsmouth Har- (2) The COTP, upon receiving even a bor, Portsmouth, New Hampshire. spoken request, may grant a deviation 165.104 Safety Zone: Vessel Launches, Bath and an authorization from any of the Iron Works, Kennebec River, Bath, provisions of §§ 164.70 through 164.82 for Maine. a specified time if he or she decides 165.105 Security Zones; Passenger Vessels, that they would not impair the safe Portland, Maine, Captain of the Port navigation of the vessel under antici- Zone. pated conditions. 165.106 Security Zone: Seabrook Nuclear Power Plant, Seabrook, New Hampshire. [CGD 94–020, 61 FR 35075, July 3, 1996] 165.110 Safety and Security Zone; Liquefied Natural Gas Carrier Transits and An- chorage Operations, Boston, Massachu- PART 165—REGULATED NAVIGA- setts. TION AREAS AND LIMITED AC- 165.111 Safety Zone: Boston Harbor, Boston, CESS AREAS Massachusetts. 165.112 Safety Zone: USS CASSIN YOUNG, Subpart A—General Boston, Massachusetts. 165.113 Security Zone: Dignitary arrival/de- Sec. parture Logan International Airport, 165.1 Purpose of part. Boston, MA.

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165.114 Safety and Security Zones: Escorted 165.500 Safety/Security Zones; Chesapeake Vessels—Boston Harbor, Massachusetts. Bay, Maryland. 165.115 Safety and Security Zones; Pilgrim 165.501 Chesapeake Bay entrance and Hamp- Nuclear Power Plant, Plymouth, Massa- ton Roads, VA and adjacent waters—Reg- chusetts. ulated Navigation Area. 165.116 Safety and Security Zones; Salem 165.502 Safety and Security Zone; Cove and Boston Harbors, Massachusetts. Point Liquefied Natural Gas Terminal, 165.117 Regulated Navigation Areas, Safety Chesapeake Bay, Maryland. and Security Zones: Deepwater Ports, 165.503 Security Zone; Captain of the Port First Coast Guard District. Hampton Roads Zone. 165.120 Safety Zone: Chelsea River, Boston 165.504 Newport News Shipbuilding and Dry Inner Harbor, Boston, MA. Dock Company Shipyard, James River, 165.121 Safety and Security Zones: High In- Newport News, Va. terest Vessels, Narragansett Bay, Rhode 165.505 Security Zone; Calvert Cliffs Nuclear Island. Power Plant, Chesapeake Bay, Calvert 165.122 Providence River, Providence, R.I. County, Maryland. regulated navigation area. 165.506 Safety Zones; Fifth Coast Guard Dis- 165.130 Sandy Hook Bay, New Jersey—secu- trict Fireworks Displays. rity zone. 165.507 Security Zone; Chesapeake Bay, be- 165.140 New London Harbor, Connecticut— tween Sandy Point and Kent Island, MD. 165.508 Security Zone; Georgetown Channel, security zone. Potomac River, Washington, DC. 165.141 Safety Zone: Sunken vessel EMPIRE 165.509 Security Zone; Severn River and KNIGHT, Boon Island, ME. College Creek, Annapolis, MD. 165.150 New Haven Harbor, Quinnipiac 165.510 Delaware Bay and River, Salem River, Mill River. River, Christina River and Schuylkill 165.151 Safety Zones; Long Island Sound an- River-Regulated Navigation Area. nual fireworks displays. 165.511 Security Zone; Atlantic Ocean, 165.152 Coast Guard Station Fire Island, Chesapeake & Delaware Canal, Delaware Long Island, New York—safety zone. Bay, Delaware River and its tributaries. 165.153 Regulated Navigation Area: Long Is- 165.512 Safety Zone; Patapsco River, North- land Sound Marine Inspection and Cap- west and Inner Harbors, Baltimore, MD. tain of the Port Zone. 165.514 Safety Zone: Atlantic Intracoastal 165.154 Safety and Security Zones: Long Is- Waterway and connecting waters, vicin- land Sound Marine Inspection Zone and ity of Marine Corps Base Camp Lejeune, Captain of the Port Zone. North Carolina. 165.155 Northville Industries Offshore Plat- 165.515 Safety Zone: Cape Fear River, Wil- form, Riverhead, Long Island, New mington, North Carolina. York—safety zone. 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.T05–0489 Regulated Navigation Area; Merritt Island, Florida—security zone. Herbert C. Bonner Bridge, Oregon Inlet, 165.703 Tampa Bay, Florida—Safety Zone. NC. 165.704 Safety Zone: Tampa Bay, Florida.

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165.T0704 Safety Zone: Savannah River, Sa- 165.765 Regulated Navigation Area; Port Ev- vannah, Georgia. erglades Harbor, Fort Lauderdale, Flor- 165.705 Port Canaveral Harbor, Cape Canav- ida. eral, Florida. 165.766 Security Zone: HOVENSA Refinery, 165.708 Safety/Security Zone; Charleston St. Croix, U.S. Virgin Islands. Harbor and Cooper River, Charleston, SC. 165.767 Security Zone; Manbirtee Key, Port 165.709 Security Zone; Charleston Harbor, of Manatee, Florida. Cooper River, South Carolina. 165.768 Security Zone; MacDill Air Force 165.711 Safety Zone: Port Everglades, Fort Base, Tampa Bay, FL. Lauderdale, FL. 165.770 Security Zone: HOVENSA Refinery, 165.714 Regulated Navigation Area; Atlantic St. Croix, U.S. Virgin Islands. Ocean, Charleston, SC. 165.771 Safety Zone; Bahia de Ponce, Puerto 165.720 Safety/Security Zone: St. Johns Rico River, Jacksonville, FL. 165.773 Security Zone; Escorted Vessels in 165.721 Safety Zone: St. Johns River, Jack- Captain of the Port Zone Jacksonville, sonville, FL. Florida. 165.722 Security Zone: St. Johns River, 165.775 Safety Zone; Captain of the Port Jacksonville, Florida. Zone Jacksonville; Offshore Cape Canav- 165.726 Regulated Navigation Areas; Miami eral, Florida. River, Miami, Florida. 165.776 Security Zone; Coast Guard Base 165.728 Jacksonville, Florida—safety zones. San Juan, San Juan Harbor, Puerto Rico 165.729 Jacksonville Harbor, Florida—secu- 165.777 Security Zone; West Basin, Port Ca- rity zone. naveral Harbor, Cape Canaveral, Florida. 165.778 Security Zone; Port of Mayaguez, 165.730 King’s Bay, Georgia—Regulated Puerto Rico. navigation area. 165.731 Safety/Security Zone: Cumberland EIGHTH COAST GUARD DISTRICT Sound, Georgia and St. Marys River En- trance Channel. 165.T08–0016 Safety Zone; Allegheny River 165.749 Security Zone: Escorted Vessels, Sa- Mile Marker 0.4 to Mile Marker 0.6, vannah, Georgia, Captain of the Port Pittsburgh, PA. Zone. 165.T08–290 Safety Zone; Gulf of Mexico— 165.751 Security Zone: LNG mooring slip, Johns Pass, Florida. Savannah River, Savannah, Georgia. 165.802 Lower Mississippi River, vicinity of 165.752 Sparkman Channel, Tampa, Flor- Old River Control Structure—Safety ida—regulated navigation area. Zone. 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 Calcasieu Channel and Industrial Rico Canal, Calcasieu River, Lake Charles, 165.756 Regulated Navigation Area; Savan- LA. nah River, Georgia. 165.806 Sabine Neches Waterway, Texas— 165.757 Safety Zones; Ports of Ponce, regulated navigation area. Tallaboa, and Guayanilla, Puerto Rico 165.807 Calcasieu River, Louisiana—regu- and Limetree Bay, St. Croix, U.S.V.I. lated navigation area. 165.758 Security Zone; San Juan, Puerto 165.808 Corpus Christi Ship Channel, Corpus Rico. Christi, TX, safety zone. 165.759 Security Zones; Ports of Jackson- 165.809 Security Zones; Port of Port Lavaca- ville, Fernandina, and Canaveral, Flor- Point Comfort, Point Comfort, TX and ida. Port of Corpus Christi Inner Harbor, Cor- 165.760 Security Zones; Tampa Bay, Port of pus Christi, TX. Tampa, Port of Saint Petersburg, Port 165.810 Mississippi River, LA-regulated Manatee, Rattlesnake, Old Port Tampa, navigation area. Big Bend, Weedon Island, and Crystal 165.811 Atchafalaya River, Berwick Bay, River, Florida. LA-regulated navigation area. 165.761 Security Zones; Port of Palm Beach, 165.812 Security Zones; Lower Mississippi Port Everglades, Port of Miami, and Port River, Southwest Pass Sea Buoy to Mile of Key West, Florida. Marker 96.0, New Orleans, LA. 165.762 Security Zone; St. Thomas, U.S. Vir- 165.813 Security Zones; Ports of Houston gin Islands. and Galveston, TX. 165.763 Moving and Fixed Security Zone, 165.814 Security Zones; Captain of the Port Port of Fredericksted, Saint Croix, U.S. Houston-Galveston Zone. Virgin Islands. 165.815 Ohio River at Louisville, KY; regu- 165.764 [Reserved] lated navigation area.

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165.817 Arkansas River, Mile 118.2 to 125.4, 165.929 Safety Zones; Annual events requir- Little Rock Arkansas—regulated naviga- ing safety zones in the Captain of the tion area. Port Lake Michigan zone. 165.820 Security Zone; Ohio River, Mile 34.6 165.931 Safety Zone, Chicago Harbor, Navy to 35.1, Shippingport, Pennsylvania. Pier Southeast, Chicago, IL. 165.821 Ohio River at Cincinnati, OH; regu- 165.933 Safety Zone, Chicago Harbor, Navy lated navigation area. Pier East, Chicago, IL. 165.825 Security Zones; Captain of the Port 165.935 Safety Zone, Milwaukee Harbor, Mil- St. Louis, Missouri. waukee, WI. 165.830 Regulated Navigation Area; Report- 165.939 Safety Zones; Annual Fireworks ing Requirements for Barges Loaded with Events in the Captain of the Port Buffalo Certain Dangerous Cargoes, Inland Riv- Zone. ers, Eighth Coast Guard District. 165.941 Safety Zones; Annual Fireworks 165.835 Security Zone; Port of Mobile, Mo- Events in the Captain of the Port Detroit bile Ship Channel, Mobile, AL. Zone. 165.836 Security Zone; Escorted Vessels, Mo- bile, Alabama, Captain of the Port. ELEVENTH COAST GUARD DISTRICT 165.T11–184 Safety zone; Sea World Summer NINTH COAST GUARD DISTRICT Nights Fireworks; Mission Bay, San 165.T09–1247 Regulated Navigation Area and Diego, California. Safety Zone, Chicago Sanitary and Ship 165.T11–194 Safety Zone; Coast Guard Air Canal, Romeoville, IL. Station San Francisco Airborne Use of 165.901 Great Lakes—regulated navigation Force Judgmental Training Flights. areas. 165.T11–195 Safety Zone; June and July 165.902 Niagara River at Niagara Falls, New Northwest Harbor Safety Zone; North- York—safety zone. west Harbor, San Clemente Island, CA. 165.903 Safety Zones: Cuyahoga River and 165.T11–200 Safety zone; Naval Training, Old River, Cleveland, OH. San Clemente Island, CA. 165.904 Lake Michigan at Chicago Harbor & 165.1101 Security Zone: San Diego Bay, CA. Burnham Park Harbor—Safety and Secu- 165.1102 Security Zone: San Diego Bay, Cali- rity Zone. fornia. 165.905 USX Superfund Site Safety Zones: 165.1103 Security Zone: San Diego Bay, CA. St. Louis River. 165.1104 Security Zone: San Diego Bay, CA. 165.906 Lakeside Yacht Club in Cleveland 165.1105 Security Zone: San Diego Bay, Cali- Harbor, Cleveland, OH—regulated navi- fornia. gation areas. 165.1106 San Diego Bay, California—safety 165.907 [Reserved] zone. 165.909 [Reserved] 165.1107 San Diego Bay, California. 165.910 Security Zones; Captain of the Port 165.1108 Security Zones; Cruise Ships, Port Lake Michigan. of San Diego, California. 165.911 Security Zones; Captain of the Port 165.1110 Security Zone: Coronado Bay Buffalo Zone. Bridge, San Diego, CA. 165.912 Security Zone; Lake Erie, Perry, 165.1120 Security Zone; Naval Amphibious OH. Base, San Diego, CA. 165.914 [Reserved] 165.1121 Security Zone: Fleet Supply Center 165.915 Security zones; Captain of the Port Industrial Pier, San Diego, CA. Detroit. 165.1122 San Diego Bay, Mission Bay and 165.916 Security Zones; Captain of the Port their Approaches—Regulated navigation Milwaukee Zone, Lake Michigan. area. 165.918 [Reserved] 165.1131 Security Zone: Wilson Cove, San 165.920 Regulated Navigation Area: USCG Clemente Island, California. Station Port Huron, Port Huron, MI, 165.1151 Security Zones; liquefied hazardous Lake Huron. gas tank vessels, San Pedro Bay, Cali- 165.921 Regulated Navigation Area; Report- fornia. ing Requirements for Barges Loaded with 165.1152 San Pedro Bay, California—Regu- Certain Dangerous Cargoes, Illinois Wa- lated navigation area. terway System located within the Ninth 165.1154 Security Zones; Cruise Ships, San Coast Guard District. Pedro Bay, California. 165.923 Regulated Navigation Area between 165.1155 Security Zone; Diablo Canyon Nu- mile markers 296.1 and 296.7 of the Chi- clear Power Plant, Avila Beach, Cali- cago Sanitary and Ship Canal located fornia. near Romeoville, IL. 165.1156 Safety Zone; Offshore Marine Ter- 165.927 Safety Zone; St. Louis River, Du- minal, El Segundo, CA. luth/Interlake Tar Remediation Site, Du- 165.1171 Copper Canyon, Lake Havasu, Colo- luth, MN. rado River—Regulated Navigation Area. 165.928 Security Zone; Mackinac Bridge, 165.1181 San Francisco Bay Region, Cali- Straits of Mackinac, Michigan. fornia—regulated navigation area.

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165.1182 Safety/Security Zone: San Fran- 165.1317 Security and Safety Zone; Large cisco Bay, San Pablo Bay, Carquinez Passenger Vessel Protection, Puget Strait, and Suisun Bay, CA. Sound and adjacent waters, Washington. 165.1183 Security Zones; Cruise Ships, Tank- 165.1318 Security and Safety Zone Regula- ers and High Interest Vessels, San Fran- tions, Large Passenger Vessel Protec- cisco Bay and Delta Ports, Monterey Bay tion, Portland, OR Captain of the Port and Humboldt Bay, California. Zone 165.1185 Regulated Navigation Area; San 165.1319 Safety Zone Regulations, Seafair Francisco Bay, San Pablo Bay, Carquinez Blue Angels Air Show Performance, Se- Strait, Suisun Bay, Sacramento River, attle, WA. San Joaquin River, and connecting wa- 165.1321 Security Zone; Protection of Mili- ters in California. tary Cargo, Captain of the Port Zone 165.1187 Security Zones; Golden Gate Bridge Puget Sound, WA. and the San Francisco-Oakland Bay 165.1322 Regulated Navigation Area: Wil- Bridge, San Francisco Bay, California. lamette River Portland, Oregon Captain 165.1190 Security Zone; San Francisco Bay, of the Port Zone. Oakland Estuary, Alameda, CA. 165.1323 Regulated Navigation Area: Wil- 165.1191 Safety zones: Northern California lamette River Portland, Oregon Captain annual fireworks events. of the Port Zone. 165.1192 Security Zones; Waters surrounding San Francisco International Airport and FOURTEENTH COAST GUARD DISTRICT Oakland International Airport, San Francisco Bay, California. 165.1401 Apra Harbor, Guam—safety zones. 165.1195 Regulated Navigation Area; Hum- 165.1402 Apra Outer Harbor, Guam—regu- boldt Bay Bar Channel and Humboldt lated navigation area. Bay Entrance Channel, Humboldt Bay, 165.1403 Security Zones; Tinian, Common- California. wealth of the Northern Mariana Islands. 165.1197 Security Zones; San Francisco Bay, 165.1404 Apra Harbor, Guam—security zone. San Pablo Bay, Carquinez Strait, Suisun 165.1405 Regulated Navigation Areas and Se- Bay, California. curity Zones; Designated Escorted Ves- 165.1199 Security Zones; Military Ocean sels-Philippine Sea and Apra Harbor, Terminal Concord (MOTCO), Concord, Guam (including Cabras Island Channel), California. and Tanapag Harbor, Saipan, Common- wealth of the Northern Mariana Islands THIRTEENTH COAST GUARD DISTRICT (CNMI). 165.1301 Puget Sound and Adjacent Waters 165.1406 Safety Zone: Pacific Missile Range in Northwestern Washington—Regulated Facility (PMRF), Barking Sands, Island Navigation Area. of Kauai, Hawaii. 165.1302 Bangor Naval Submarine Base, 165.1407 Security Zones; Oahu, HI. Bangor, WA. 165.1408 Security Zones; Maui, HI. 165.1303 Puget Sound and adjacent waters, 165.1409 Security Zones; Hawaii, HI. WA—regulated navigation area. 165.1410 Security Zones; Kauai, HI. 165.1304 Bellingham Bay, Bellingham, WA. 165.1411 Security zone; waters surrounding 165.1305 Commencement Bay, Tacoma, WA. U.S. Forces vessel SBX–1, HI. 165.1306 Lake Union, Seattle, WA. 165.1307 Elliott Bay, Seattle, WA. SEVENTEENTH COAST GUARD DISTRICT 165.1308 Columbia River, Vancouver WA. 165.1309 Eagle Harbor, Bainbridge Island, 165.1701 Port Valdez, Valdez, Alaska—safety WA. zone. 165.1310 Strait of Juan de Fuca and adjacent 165.1702 Gastineau Channel, Juneau, Alas- coastal waters of Northwest Washington; ka—safety zone. Makah Whale Hunting—Regulated Navi- 165.1703 Ammunition Island, Port Valdez, gation Area. Alaska. 165.1311 Olympic View Resource Area, Ta- 165.1704 Prince William Sound, Alaska-regu- coma, WA. lated navigation area. 165.1312 Security Zone; Portland Rose Fes- 165.1706 Gastineau Channel, Juneau, Alas- tival on Willamette River. ka—Safety Zone. 165.1313 Security zone regulations, tank 165.1708 Tongass Narrows, Ketchikan, Alas- ship protection, Puget Sound and adja- ka—Safety Zone. cent waters, Washington 165.1709 Security Zones: Liquefied Natural 165.1314 Safety Zone; Fort Vancouver Fire- Gas Tanker Transits and Operations at works Display, Columbia River, Van- Phillips Petroleum LNG Pier, Cook Inlet, couver, Washington. AK. 165.1315 Safety Zones: Fireworks displays in 165.1710 Port Valdez and Valdez Narrows, the Captain of the Port Portland Zone. Valdez, Alaska—security zones. 165.1316 Safety Zone; Columbia River, 165.1711 Security Zones; Waters of the Sev- Astoria, Oregon. enteenth Coast Guard District

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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. thorized Coast Guard official. 165.2030 Pacific Area. (b) Any person may request that a AUTHORITY: 33 U.S.C. 1226, 1231; 46 U.S.C. safety zone, security zone, or regulated Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 navigation area be established. Except CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. as provided in paragraph (c) of this sec- 107–295, 116 Stat. 2064; Department of Home- tion, each request must be submitted land Security Delegation No. 0170.1. 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 described in Part 3 of this chapter, and EDITORIAL NOTE: Nomenclature changes to include the following: part 165 appear by USCG–2006–25556, 72 FR 36328, 36329, July 2, 2007. (1) The name of the person submitting the request; (2) The location and boundaries of Subpart A—General the safety zone, security zone, or regulated navigation area; § 165.1 Purpose of part. (3) The date, time, and duration that The purpose of this part is to: the safety zone, security zone, or regu- (a) Prescribe procedures for estab- lated navigation area should be establishing different types of limited or lished; controlled access areas and regulated (4) A description of the activities navigation areas; planned for the safety zone, security (b) Prescribe general regulations for zone, or regulated navigation area; different types of limited or controlled (5) The nature of the restrictions or access areas and regulated navigation conditions desired; and areas; (6) The reason why the safety zone, (c) Prescribe specific requirements security zone, or regulated navigation for established areas; and area is necessary. (d) List specific areas and their (c) Safety Zones and Security Zones. boundaries. If, for good cause, the request for a safety zone or security zone is made § 165.3 Definitions. less than 5 working days before the The following definitions apply to zone is to be established, the request this part: may be made orally, but it must be followed by a written request within 24 Credential means any or all of the fol- hours. lowing: (1) Merchant mariner’s document. (Requests for safety zones, security zones, (2) Merchant mariner’s license. and regulated navigation areas are approved (3) STCW endorsement. by the Office of Management and Budget under control number 1625–0020) (4) Certificate of registry. (5) Merchant mariner credential. [CGD 79–034, 47 FR 29660, July 8, 1982, as Merchant mariner credential or MMC amended by CGD 79–026, 48 FR 35408, Aug. 4, 1983; USCG–2006–25150, 71 FR 39211, July 12, means the credential issued by the 2006] Coast Guard under 46 CFR part 10. It combines the individual merchant § 165.7 Notification. mariner’s document, license, and cer- (a) The establishment of these lim- tificate of registry enumerated in 46 ited access areas and regulated naviga- U.S.C. subtitle II part E as well as the tion areas is considered rulemaking. STCW endorsement into a single cre- The procedures used to notify persons dential that serves as the mariner’s of the establishment of these areas qualification document, certificate of vary depending upon the circumstances identification, and certificate of serv- and emergency conditions. Notification ice. may be made by marine broadcasts, [USCG–2006–24371, 74 FR 11213, Mar. 16, 2009] local notice to mariners, local news

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media, distribution in leaflet form, and U.S.C. 191–195, and sec. 104 the Mari- on-scene oral notice, as well as publica- time Transportation Security Act of tion in the FEDERAL REGISTER. 2002 (Pub. L. 107–295, 116 Stat. 2064). Se- (b) Notification normally contains curity zones established under either 33 the physical boundaries of the area, the U.S.C. 1226 or 50 U.S.C. 191 may be es- reasons for the rule, its estimated du- tablished in waters subject to the juris- ration, and the method of obtaining au- diction of the United States as defined thorization to enter the area, if appli- in § 2.38 of this chapter, including the cable, and special navigational rules, if territorial sea to a seaward limit of 12 applicable. nautical miles from the baseline. (c) Notification of the termination of (d) Naval vessel protection zones. These the rule is usually made in the same zones are issued under the authority of form as the notification of its estab- 14 U.S.C. 91 and 633 and may be establishment. lished in waters subject to the jurisdiction of the United States as defined in § 165.8 Geographic coordinates. § 2.38 of this chapter, including the ter- Geographic coordinates expressed in ritorial sea to a seaward limit of 12 terms of latitude or longitude, or both, nautical miles from the baseline. are not intended for plotting on maps [USCG–2001–9044, 68 FR 42602, July 18, 2003, as or charts whose referenced horizontal amended by USCG–2006–25411, 71 FR 54421, datum is the North American Datum of Sept. 15, 2006] 1983 (NAD 83), unless such geographic coordinates are expressly labeled NAD 83. Geographic coordinates without the Subpart B—Regulated Navigation NAD 83 reference may be plotted on Areas maps or charts referenced to NAD 83 only after application of the appro- § 165.10 Regulated navigation areas. priate corrections that are published A regulated navigation area is a on the particular map or chart being water area within a defined boundary used. for which regulations for vessels navi- [CGD 86–082, 52 FR 33811, Sept. 8, 1987] gating within the area have been established under this part. § 165.9 Geographic application of limited and controlled access areas § 165.11 Vessel operating requirements and regulated navigation areas. (regulations). (a) General. The geographic applica- Each District Commander may con- tion of the limited and controlled ac- trol vessel traffic in an area which is cess areas and regulated navigation determined to have hazardous condi- areas in this part are determined based tions, by issuing regulations: on the statutory authority under which (a) Specifying times of vessel entry, each is created. movement, or departure to, from, with- (b) Safety zones and regulated naviga- in, or through ports, harbors, or other tion areas. These zones and areas are waters; created under the authority of the (b) Establishing vessel size, speed, Ports and Waterways Safety Act, 33 draft limitations, and operating condi- U.S.C. 1221–1232. Safety zones estab- tions; and lished under 33 U.S.C. 1226 and regu- (c) Restricting vessel operation, in a lated navigation areas may be estab- hazardous area or under hazardous con- lished in waters subject to the jurisdic- ditions, to vessels which have par- tion of the United States as defined in ticular operating characteristics or ca- § 2.38 of this chapter, including the ter- pabilities which are considered nec- ritorial sea to a seaward limit of 12 essary for safe operation under the cir- nautical miles from the baseline. cumstances. (c) Security zones. These zones have two sources of authority—the Ports [CGD 79–026, 48 FR 35408, Aug. 4, 1983] and Waterways Safety Act, 33 U.S.C. 1221–1232, and the Act of June 15, 1917, § 165.13 General regulations. as amended by both the Magnuson Act (a) The master of a vessel in a regu- of August 9, 1950 (‘‘Magnuson Act’’), 50 lated navigation area shall operate the

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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 § 165.20 Safety zones. and water, continental or insular, that A Safety Zone is a water area, shore is subject to the jurisdiction of the area, or water and shore area to which, United States. for safety or environmental purposes, access is limited to authorized persons, § 165.33 General regulations. vehicles, or vessels. It may be sta- Unless otherwise provided in the spe- tionary and described by fixed limits or cial regulations in Subpart F of this it may be described as a zone around a part: vessel in motion. (a) No person or vessel may enter or remain in a security zone without the § 165.23 General regulations. permission of the Captain of the Port; Unless otherwise provided in this (b) Each person and vessel in a secu- part: rity zone shall obey any direction or (a) No person may enter a safety zone order of the Captain of the Port; unless authorized by the COTP or the District Commander; (c) The Captain of the Port may take (b) No person may bring or cause to possession and control of any vessel in be brought into a safety zone any vehi- the security zone; cle, vessel, or object unless authorized (d) The Captain of the Port may re- by the COTP or the District Com- move any person, vessel, article, or mander; thing from a security zone; (c) No person may remain in a safety (e) No person may board, or take or zone or allow any vehicle, vessel, or ob- place any article or thing on board, ject to remain in a safety zone unless any vessel in a security zone without authorized by the COTP or the District the permission of the Captain of the Commander; and Port; and (d) Each person in a safety zone who (f) No person may take or place any has notice of a lawful order or direc- article or thing upon any waterfront tion shall obey the order or direction of facility in a security zone without the the COTP or District Commander permission of the Captain of the Port. issued to carry out the purposes of this subpart. Subpart E—Restricted Waterfront Subpart D—Security Zones Areas § 165.30 Security zones. § 165.40 Restricted waterfront areas. (a) A security zone is an area of land, The Commandant, may direct the water, or land and water which is so COTP to prevent access to waterfront designated by the Captain of the Port facilities, and port and harbor areas, or District Commander for such time including vessels and harbor craft as is necessary to prevent damage or therein. This section may apply to per- injury to any vessel or waterfront fa- sons who do not possess the credentials cility, to safeguard ports, harbors, ter- outlined in § 125.09 of this chapter when ritories, or waters of the United States certain shipping activities are con- or to secure the observance of the ducted that are outlined in § 125.15 of rights and obligations of the United this chapter. States. (b) The purpose of a security zone is to safeguard from destruction, loss, or

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Subpart F—Specific Regulated Regulated area: Salem Harbor, Navigation Areas and Limited Salem, MA. All waters of Salem Har- Access Areas bor, from surface to bottom, within a 100 yard radius of the fireworks launch FIRST COAST GUARD DISTRICT site located on Derby Wharf approximate position 42°31′8.7″ N, 70°53′8″ W. § 165.T01–0422 Summer 2009 Fire- (6) New England Sand Sculpting Fes- works, Coastal Massachusetts. tival Fireworks (a) Location. The following water- Sponsor: Town of Revere. borne fireworks events include safety Enforcement Date: 9 p.m. to 11 p.m. zones as described herein: on July 18, 2009; if postponed, July 19, (1) Hingham 4th of July Fireworks 2009 at the same times. Sponsor: Hingham Lions Club. Regulated area: All waters of Broad Sound, from surface to bottom, within Enforcement Date: 8 to 10 p.m. on a 300 yard radius of the fireworks July 3, 2009; if postponed, July 5, 2009 at launch site located at Revere Beach at the same times. approximate position 42°24′30″ N, Regulated area: Hingham Bay, 070°59′26″ W. Hingham, MA. The area within a 200 (7) City of Lynn 4th of July Fireworks yard radius of the beach on Button Is- Sponsor: City of Lynn. land at the approximate position Enforcement Date: 6 p.m. through 11 42°15′04″ N, 070°53′02″ W. p.m. on July 3, 2009; if postponed, July (2) Weymouth 4th of July Fireworks. 5, 2009 at the same times. Sponsor: Town of Weymouth 4th of Regulated area: All waters of Nahant July Committee Bay, from surface to bottom, within a Enforcement Date: 9 p.m. to 10:45 200 yard radius of the fireworks barge p.m. on July 3, 2009; if postponed, July located at approximate location 5, 2009 at the same times. 42°27′37″ N, 070°55′35″ W. Regulated area: Weymouth Fore (8) Nahant 4th of July Fireworks River, Weymouth, MA. All waters sur- Sponsor: Town of Nahant. face to bottom extending out in a 500 Enforcement Date: 9 p.m. until 11 yard radius of the approximate loca- p.m. on July 4, 2009; if postponed, July ° ′ ″ ° ′ ″ tion 42 15 30 N, 070 56 06 W. 5, 2009 at the same times. (3) Boston Pops Fireworks Regulated area: The area of Nahant Sponsor: Boston 4 Celebrations. Harbor within a 200 yard radius of the Enforcement Date: 8:30 p.m. through fireworks launch site on Bailey’s Hill 11:30 p.m. on July 4, 2009; if postponed, Park located at approximate position July 5, 2009 at the same times. 42°25′6″ N, 070°55′48″ W. Regulated area: Charles River, Bos- (9) Celebrate Revere Fireworks ton, MA. All waters from surface to Sponsor: Town of Revere. bottom, within a 400 yard radius of the Enforcement Date: 9 p.m. to 11 p.m. fireworks barges located in the vicinity on August 15, 2009; if postponed, August of 42°21′26″ N, 71°05′02″ W. 16, 2009 at the same times. (4) Marblehead 4th of July Fireworks Regulated area: Broad Sound, Re- Sponsor: Town of Marblehead. vere, MA. All waters from surface to Enforcement Date: 8:30 p.m. until 10 bottom, within a 300 yard radius of the p.m. on July 4, 2009; if postponed, July fireworks launch site located at Revere 5, 2009 at the same times. Beach at approximate position 42°24′30″ Regulated area: Marblehead Harbor, N, 070°59′26″ W. Marblehead, MA. All waters from sur- (10) Beverly Homecoming Fireworks face to bottom, within a 200 yard ra- Sponsor: Beverly Harbormaster. dius of the fireworks launch site lo- Enforcement Date: 9 p.m. through 11 cated in Marblehead Harbor at approxi- p.m. on August 9, 2009. mate position 42°30′34″ N, 070°50′9″ W. Regulated area: Beverly Harbor, Bev- (5) Salem 4th of July Fireworks erly, MA. All waters from surface to Sponsor: City of Salem. bottom, within a 200 yard radius of the Date: 9 p.m. until 10:15 p.m. on July fireworks barge located at approximate 4, 2009; if postponed, July 5, 2009 at the position 42°32′37″ N, 070°52′09″ W. same times. (11) Beverly 4th of July Fireworks

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Sponsor: Beverly Harbormaster. (5) The Patrol Commander may, upon Enforcement Date: 9 p.m. until 11 request, allow the transit of commer- p.m. on July 4, 2009; if postponed, July cial vessels through regulated areas 5, 2009 at the same times. when it is safe to do so. Regulated area: Beverly Harbor, Bev- (c) All coordinates reference 1983 erly, MA. All waters from surface to North American Datum (NAD83). bottom, within a 200 yard radius of the fireworks barge located at approximate EFFECTIVE DATE NOTE: By USCG–2009–0422, position 42°32′37″ N, 070°52′09″ W. 74 FR 31353, July 1, 2009, temporary § 165.T01– 0422 was added, effective from June 27, 2009 (12) Surfside Fireworks through Sept. 5, 2009. Effective Date: From June 27, 2009 through September 5, 2009. § 165.T01–0512 Safety Zone: F/V PA- Enforcement Date: Every Saturday TRIOT, Massachusetts Bay, MA. evening from 9:30 p.m. through 10:30 p.m. (a) Location. The following area is a Regulated area: All waters of the At- safety zone: All navigable waters, from lantic Ocean near Salisbury Beach, MA surface to bottom, of Massachusetts from surface to bottom, within a 200 Bay within a 500-yard radius of the F/V PATRIOT while located in its cur- yard radius of the fireworks barge lo- ° ′ ″ cated at 42°50′36″ N, 070°48′24″ W. rently approximate position of 42 24 27 N, 070°27′17″ W. When the vessel is re- (b) Regulations. ‘‘Official Patrol Ves- sels’’ consist of any Coast Guard, other floated during salvage operations, the Federal, state or local law enforce- safety zone will reduce to a 50-yard ra- ment, and any public or sponsor-pro- dius and move with the F/V PATRIOT vided vessels assigned or approved by until safely moored. Commander, Sector Boston, to patrol (b) Definitions. The following defini- each event. tion applies to this section: Designated (1) In accordance with the general representative means any commis- regulations in § 165.23 of this part, en- sioned, warrant, and petty officers of tering into, transiting through, or an- the Coast Guard on board Coast Guard, choring within these zones is prohib- Coast Guard Auxiliary, and local, ited, unless authorized by the Patrol state, and federal law enforcement ves- Commander. sels who have been authorized to act on (2) Each person in a safety zone who the behalf of the Captain of the Port receives notice of a lawful order or di- Boston. rection issued by an official patrol ves- (c) Regulations. (1) The general regu- sel shall obey the order or direction. lations contained in 33 CFR 165.23 (3) The Patrol Commander apply. (PATCOM) is empowered to forbid and (2) In accordance with the general control the movement of all vessels in regulations in § 165.23 of this part, all the regulated area. The Patrol Com- vessels and persons are prohibited from mander shall be designated by the entering the safety zone without per- Commander, Sector Boston; will be a mission from the Captain of the Port U.S. Coast Guard commissioned officer, Boston. In addition, all vessels and per- warrant officer or petty officer to act sons are prohibited from anchoring, as the Sector Commander’s official rep- diving, dredging, dumping, fishing, resentative; and will be located aboard trawling, laying cable, or conducting the lead official patrol vessel. salvage operations in this zone except (4) Vessel operators desiring to enter as authorized by the Coast Guard Cap- or operate within the safety zone must tain of the Port Boston. contact the Captain of the Port (COTP) (3) All persons and vessels shall com- or the COTP’s designated representa- ply with the Coast Guard Captain of tive to obtain permission by calling the the Port Boston or designated rep- Sector Boston Command Center at 617– resentative. 223–5761. Vessel operators given permis- (4) Upon being hailed by a U.S. Coast sion to enter or operate in the safety Guard vessel or designated representa- zone must comply with all directions tive by siren, radio, flashing light or given to them by the COTP or the other means, the operator of the vessel COTP’s designated representative. shall proceed as directed.

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(5) Persons desiring to enter the safe- (iii) The cognizant Captain of the ty zone may request permission from Port (COTP), upon written application, the Captain of the Port Boston via may authorize an exemption from the VHF Channel 16 or via telephone at requirements of paragraph (d)(1)(i) of (617) 223–3201. this section for— (d) Enforcement Period. This rule (A) Any tank barge with a capacity will be enforced from midnight June 11, of less than 25,000 barrels, operating in 2009, until midnight July 25, 2009. an area with limited depth or width such as a creek or small river; or EFFECTIVE DATE NOTE: By USCG–2009–0512, 74 FR 29425, June 22, 2009, temporary (B) Any tank barge operating on any § 165.T01–0512 was added, effective from mid- waters within the COTP Zone, if the night June 11, 2009 through midnight July 25, operator demonstrates to the satisfac- 2009. tion of the COTP that the barge em- ploys an equivalent level of safety to § 165.100 Regulated Navigation Area: that provided by the positive control Navigable waters within the First provisions of this section. Each request Coast Guard District. for an exemption under this paragraph (a) Regulated navigation area. All nav- must be submitted in writing to the igable waters of the United States, as cognizant COTP no later than 7 days that term is used in 33 CFR 2.36, within before the intended transit. the geographic boundaries of the First (iv) The operator of a towing vessel Coast Guard District, as defined in 33 engaged in towing any tank barge must CFR 3.05–1(b). immediately call for an escort or assist (b) Definitions. Terms used in this tug to render assistance in the event of section have the same meaning as any of the occurrences identified in those found in 33 CFR 157.03. Single- paragraph (d)(1)(i) of this section. hull identifies any tank barge that is (2) Enhanced communications. Each not a double-hull tank barge. vessel engaged in towing a tank barge (c) Applicability. This section applies must communicate by radio on marine to primary towing vessels engaged in band or Very High Frequency (VHF) towing tank barges carrying petroleum channel 13 or 16, and issue security oil in bulk as cargo in the regulated calls on marine band or VHF channel navigation area, or as authorized by 13 or 16, upon approach to the following the District Commander. places: (d) Regulations—(1) Positive control for (i) Execution Rocks Light (USCG barges. (i) Except as provided in para- Light List No. [LLNR] 21440). graph (d)(1)(iii) and paragraph 5 of this (ii) Matinecock Point Shoal Buoy section, each single hull tank barge, (LLNR 21420). unless being towed by a primary tow- (iii) 32A Buoy (LLNR 21380). ing vessel with twin-screw propulsion (iv) Cable and Anchor Reef Buoy and with a separate system for power (LLNR 21330). to each screw, must be accompanied by (v) Stratford Middle Ground Light an escort tug of sufficient capability to (LLNR 21260). promptly push or tow the tank barge (vi) Old Field Point Light (LLNR away from danger of grounding or col- 21275). lision in the event of— (vii) Approach to Stratford Point (A) A propulsion failure; from the south (NOAA Chart 12370). (B) A parted towing line; (viii) Falkner Island Light (LLNR (C) A loss of tow; 21170). (D) A fire; (ix) TE Buoy (LLNR 21160). (E) Grounding; (x) CF Buoy (LLNR 21140). (F) A loss of steering; or (xi) PI Buoy (LLNR 21080). (G) Any other time a vessel may be (xii) Race Rock Light (LLNR 19815). operating in a Hazardous Vessel Oper- (xiii) Valiant Rock Buoy (LLNR ating Condition as defined in § 161.2 of 19825). this Chapter. (xiv) Approach to Point Judith in vi- (ii) Double-hull tank barges are ex- cinity of Block Island ferry route. empt from paragraph (d)(1)(i) of this (xv) Buzzards Bay Entrance Light section. (LLNR 630).

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(xvi) Buzzards Bay Midchannel Light- ther the voyage plan or towing vessel’s ed Buoy (LLNR 16055) log book. (xvii) Cleveland East Ledge Light (C) The channels of VHF radio to (LLNR 16085). monitor. (xviii) Hog Island buoys 1 (LLNR (D) Other considerations such as 16130) and 2 (LLNR 16135). availability of pilot, assist tug, berth, (xix) Approach to the Bourne Bridge. and line-handlers, depth of berth at (xx) Approach to the Sagamore mean low water, danger areas, and se- Bridge. curity calls. (xxi) Approach to the eastern en- (4) Navigation restriction areas. Unless trance of Cape Cod Canal. authorized by the cognizant COTP, no (3) Voyage planning. (i) Each owner or tank barge may operate in— operator of a towing vessel employed (i) The waters of Cape Cod Bay south to tow a tank barge shall prepare a of latitude 42°5′ North and east of lon- written voyage plan for each transit of ° ′ the tank barge. gitude 70 25 West; or (ii) The watch officer is authorized to (ii) The waters of Fishers Island ° ′ make modifications to the plan and Sound east of longitude 72 2 West, and validate it as necessary. west of longitude 71°55′ West. (iii) Except as provided in paragraph (5) Special Buzzards Bay regulations. (d)(3)(iv) of this section, each voyage (i) For the purposes of this section, plan must contain: ‘‘Buzzards Bay’’ is the body of water (A) A description of the type, volume, east and north of a line drawn from the and grade of cargo. southern tangent of Sakonnet Point, (B) Applicable information from nau- Rhode Island, in approximate position tical charts and publications, including latitude 41°–27.2′ North, longitude 70°– Coast Pilot, Coast Guard Light List, 11.7′ West, to the Buzzards Bay En- and Coast Guard Local Notice to Mari- trance Light in approximate position ners, for the destination(s). latitude 41°–23.5′ North, longitude 71°– (C) Current and forecasted weather, 02.0′ West, and then to the south- including visibility, wind, and sea state western tangent of Cuttyhunk Island, for the destination(s). Massachusetts, at approximate posi- (D) Data on tides and tidal currents tion latitude 41°–24.6′ North, longitude for the destination(s). 70°–57.0′ West, and including all of the (E) Forward and after drafts of the Cape Cod Canal to its eastern entrance, tank barge, and under-keel and vertical except that the area of New Bedford clearances for each port and berthing harbor within the confines (north) of area. the hurricane barrier, and the passages (F) Pre-departure checklists. through the Elizabeth Islands, is not (G) Calculated speed and estimated considered to be ‘‘Buzzards Bay’’. times of arrival at proposed waypoints. (ii) Additional positive control for (H) Communication contacts at Ves- barges. Except as provided in paragraph sel Traffic Service (VTS) (if applica- (d)(1)(iii) of this section, each single ble), bridges, and facilities, and port- hull tank barge transiting Buzzards specific requirements for VHF radio. Bay and carrying 5,000 or more barrels (I) The master’s standing orders de- of oil or other hazardous material tailing closest points of approach, spe- must, in addition to its primary tug, be cial conditions, and critical maneu- accompanied by an escort tug of suffi- vers. cient capability to promptly push or (iv) Each owner or operator of a tank tow the tank barge away from danger barge on an intra-port transit of not of grounding or collision in the event more than four hours may prepare a of— voyage plan that contains: (A) A propulsion failure; (A) The information described in paragraphs (d)(3)(iii)(D) and (E) of this (B) A parted tow line; section. (C) A loss of tow; (B) Current weather conditions in- (D) A fire; cluding visibility, wind, and sea state. (E) Grounding; This information may be entered in ei- (F) A loss of steering; or

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(G) Any other time a vessel may be thorized under authority of section 311, operating in a Hazardous Vessel Oper- Pub. L. 105–383. ating Condition as defined in § 161.2 of [CGD1–98–151, 63 FR 71770, Dec. 30, 1998, as this subchapter. amended by CGD01–98–151, 64 FR 12749, Mar. (iii) Federal pilotage. Each single hull 15, 1999; USCG–1999–5832, 64 FR 34715, June 29, tank barge transiting Buzzards Bay 1999; CGD01–98–151, 65 FR 35838, June 6, 2000; and carrying 5,000 or more barrels of oil CGD01–04–133, 72 FR 50058, Aug. 30, 2007; CGD01–04–133, 72 FR 70780, Dec. 13, 2007; or other hazardous material must be USCG–2008–0179, 73 FR 35016, June 19, 2008] under the direction and control of a pilot, who is not a member of the crew, § 165.101 Kittery, Maine—regulated operating under a valid, appropriately navigation area. endorsed, Federal first class pilot’s li- (a) The following is a regulated navi- cense issued by the Coast Guard (‘‘fed- gation area—Waters within the bound- erally licensed pilot’’). Pilots are re- aries of a line beginning at 43°04′50″ N, quired to embark, direct, and control 70°44′52″ W; then to 43°04′52″ N, 70°44′53″ from the primary tug during transits of W; then to 43°04′59″ N, 70°44′46″ W; then Buzzards Bay. to 43°05′05″ N, 70°44′32″ W; then to (iv) In addition to the vessels denoted 43°05′03″ N, 70°44′30″ W; then to the be- in § 161.16 of this chapter, requirements ginning point. set forth in subpart B of 33 CFR part (b) Regulations. No vessel may oper- 161 also apply to any vessel transiting ate in this area at a speed in excess of VMRS Buzzards Bay required to carry five miles per hour. a bridge-to-bridge radiotelephone by § 165.102 Security Zone: Walkers Point, Part 26 of this chapter. Kennebunkport ME. (A) A VMRS Buzzards Bay user must: (a) Location. The following area is a (1) Not enter or get underway in the security zone: From point of land lo- area without first notifying the VMRS cated on Cape Arundel at latitude Center; 43°20.4′ North, Iongitude 070°28.0′ West; (2) Not enter VMRS Buzzards Bay if a thence to a point approximately 500 Hazardous Vessel Operating Condition yards southwest of Walkers Point lo- or circumstance per § 161.2 of this Sub- cated at latitude 43°20.2′ North, lon- chapter exists; gitude 070°27.9′ West; thence to a point (3) If towing astern, do so with as located approximately 500 yards south short a hawser as safety and good sea- of Walkers Point at latitude 43°20.1′ manship permits; North, longitude 070°27.6′ West; thence (4) Not meet, cross, or overtake any to a point located approximately other VMRS user in the area without southeast of Walkers Point at latitude ° ′ ° ′ first notifying the VMRS center; 43 20.4 North, longitude 070 27.2 West; (5) Before meeting, crossing, or over- thence to an unnamed point of land located at 43°20.9′ North, longitude taking any other VMRS user in the 070°27.1′ West; thence along the shore- area, communicate on the designated line of Walkers Point to the beginning vessel bridge-to-bridge radiotelephone point. The aforementioned offshore po- frequency, intended navigation move- sitions are approximated by white ments, and any other information nec- buoys marked in orange indicating an essary in order to make safe passing exclusionary area. arrangements. This requirement does (b) Regulations. (1) In accordance with not relieve a vessel of any duty pre- the general regulations in § 165.33 of scribed by the International Regula- this part, entry into this zone is pro- tions for Prevention of Collisions at hibited unless authorized by the Cap- Sea, 1972 (33 U.S.C. 1602(c)) or the In- tain of the Port, Portland, Maine. Sec- land Navigation Rules (33 U.S.C. 2005). tion 165.33 also contained other general (B) [Reserved] requirements. (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 the boundaries of this security zone. [CGDI 89–008, 54 FR 13883, Apr. 6, 1989]

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§ 165.103 Safety and Security Zones; agencies of periods during which these LPG Vessel Transits in Portland, safety and security zones will be in ef- Maine, Captain of the Port Zone, fect by providing notice of arrivals and Portsmouth Harbor, Portsmouth, departures of LPG vessels via the tele- New Hampshire. phone and/or Marine Safety Informa- (a) Location. The following areas are tion Radio Broadcasts. safety and security zones: (1) Except as [CGD01–02–045, 67 FR 56487, Sept. 4, 2002] provided in paragraph (a) (2) of this section, all navigable waters of the § 165.104 Safety Zone: Vessel Portland, Maine, Captain of the Port Launches, Bath Iron Works, Ken- zone, as defined in 33 CFR 3.05–15, one nebec River, Bath, Maine. mile ahead, one half mile astern, and (a) Location. The following is a safety 1000-yards on either side of any Lique- zone: all waters of the Kennebec River fied Petroleum Gas vessel. within a 150-yard radius of the Bath (2) All waters of the Piscataqua River Iron Works dry dock while it is being within a 500-yard radius of any Lique- moved to and from its moored position fied Petroleum Gas (LPG) vessel while at the Bath Iron Works Facility in it is moored at the LPG receiving facil- Bath, Maine to a deployed position in ity on the Piscataqua River, the Kennebec River, and while launch- Newington, New Hampshire. ing or recovering vessels. (b) Definitions. For purposes of this (b) Regulations. (1) In accordance with section, navigable waters of the United the general regulations in § 165.23 of States includes all waters of the terri- this part, entry into or movement torial sea as described in Presidential within this zone is prohibited unless Proclamation No. 5928 of December 27, authorized by the Captain of the Port, 1988. Presidential Proclamation No. Portland, Maine. 5928 of December 27, 1988 declared that (2) All vessel operators shall comply the territorial sea of the United States with the instructions of the COTP or extends to 12 nautical miles from the the designated on-scene U. S. Coast baseline of the United States. Guard patrol personnel. On-scene Coast (c) Regulations. (1) In accordance with Guard patrol personnel include com- the general regulations in §§ 165.23 and missioned, warrant and petty officers 165.33 of this part, entry into or move- of the Coast Guard on board Coast ment within these zones is prohibited Guard, Coast Guard Auxiliary, local, unless previously authorized by the state and federal law enforcement ves- Captain of the Port (COTP), Portland, sels. Maine. (c) Notifications. The Captain of the (2) All persons and vessels shall com- Port will notify the maritime commu- ply with the instructions of the COTP nity of periods during which this safety or the designated on-scene U.S. Coast zone will be in effect by providing ad- Guard patrol personnel. On-scene Coast vance notice via Marine Safety Infor- Guard patrol personnel include com- mation Radio Broadcasts. missioned, warrant, and petty officers [CGD01–01–155, 67 FR 49582, July 31, 2002] of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, and § 165.105 Security Zones; Passenger local, state, and federal law enforce- Vessels, Portland, Maine, Captain of ment vessels. Emergency response ves- the Port Zone. sels are authorized to move within the (a) Definition. ‘‘Passenger vessel’’ as zone, but must abide by restrictions used in this section means a passenger imposed by the Captain of the Port. vessel over 100 gross tons authorized to (3) No person may swim upon or carry more than 500 passengers for hire below the surface of the water within making voyages, any part of which is the boundaries of the safety and secu- on the high seas, and for which pas- rity zones unless previously authorized sengers are embarked, disembarked or 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:

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(1) All navigable waters within the W. All coordinates reference 1983 North Portland, Maine, Captain of the Port American Datum (NAD 83). Zone, extending from the surface to the (b) Regulations. (1) In accordance with sea floor, within a 100-yard radius of the general regulations in § 165.33 of any passenger vessel that is anchored, this part, entry into or movement moored, or in the process of mooring. within this zone is prohibited unless (2) All navigable waters, within the authorized by the Captain of the Port, Portland, Maine, Captain of the Port Portland, Maine (COTP). Zone, extending from the surface to the (2) All persons and vessels shall com- sea floor, extending 200 yards ahead, ply with the instructions of the Coast and 100 yards aside and astern of any Guard Captain of the Port, Portland, passenger vessel that is underway. Maine or designated on-scene U.S. (c) Regulations. (1) In accordance with Coast Guard patrol personnel. On-scene the general regulations in § 165.33 of Coast Guard patrol personnel include this part, entry into or movement commissioned, warrant, and petty offi- within these zones is prohibited unless cers of the Coast Guard on board Coast previously authorized by the Coast Guard, Coast Guard Auxiliary, local, Guard Captain of the Port, Portland, state and federal law enforcement ves- Maine (COTP) or his designated rep- sels. resentative. (3) No person may swim upon or (2) All persons and vessels must com- below the surface of the water within ply with the instructions of the COTP the boundaries of this security zone. or the designated on-scene Coast Guard [CGD01–02–092, 67 FR 64815, Oct. 22, 2002] patrol personnel. On-scene Coast Guard patrol personnel include commissioned, § 165.110 Safety and Security Zone; warrant and petty officers of the Coast Liquefied Natural Gas Carrier Guard on board Coast Guard, Coast Transits and Anchorage Operations, Guard Auxiliary, and local, state and Boston, Massachusetts. federal law enforcement vessels. Emer- (a) Definitions. As used in this sec- gency response vessels are authorized tion— to move within the zone, but must Authorized representative means a abide by restrictions imposed by the Coast Guard commissioned, warrant, or COTP or his designated representative. petty officer or a Federal, State, or (3) No person may swim upon or local law enforcement officer des- below the surface of the water within ignated by or assisting the Captain of the boundaries of these security zones the Port (COTP) Boston. unless previously authorized by the Deepwater port means any facility or COTP or his designated representative. structure meeting the definition of (d) Enforcement. The Captain of the deepwater port in 33 CFR 148.5. Port will enforce these zones and may Support vessel means any vessel meet- enlist the aid and cooperation of any ing the definition of support vessel in Federal, state, county, municipal, or 33 CFR 148.5. private agency to assist in the enforce- (b) Location. The following areas are ment of the regulation. safety and security zones: (1) Vessels underway. All navigable [CGD01–03–001, 68 FR 22305, Apr. 28, 2003] waters of the United States within the Captain of the Port (COTP) Boston § 165.106 Security Zone: Seabrook Nu- zone, as defined in 33 CFR 3.05–10, two clear Power Plant, Seabrook, New miles ahead and one mile astern, and Hampshire. 500 yards on each side of any liquefied (a) Location. The following area is a natural gas carrier (LNGC) vessel while security zone: All land and waters underway. within 250 yards of the waterside prop- (2) Vessels anchored in the Broad erty boundary of Seabrook Nuclear Sound. All waters within a 500-yard ra- 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,

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070 deg. 56′ W; then running east to po- way in Boston Harbor from the time sition 42 deg. 22′ N, 070 deg. 50′ W; then such vessels depart their respective running north to position 42 deg. 25′ N, berths until the time they complete 070 deg. 50′ W; then running west back their transit and are safely moored. to the starting point (NAD 83). (2) Whenever Constitution is moored (3) Vessels moored at the Distrigas LNG at Pier 1, Charlestown Navy Yard—the facility. All waters within a 400-yard ra- waters between Hoosac Pier and Pier 1, dius of any LNGC vessel moored at the Charlestown Navy Yard, from the Distrigas LNG facility in Everett, MA. imaginary line connecting the outer (4) Vessels calling on a deepwater port. easternmost point protruding into Bos- All waters within a 500-meter radius of ton Harbor from Hoosac Pier to the any LNGC engaged in regasification or outer westernmost point protruding transfer, or otherwise moored, an- into Boston Harbor from Pier 1, chored, or affixed to a deepwater port Charlestown Navy Yard, extending in- listed in 33 CFR 150.490 and falling bound along the face of both piers to within the waters of the Boston COTP the landside points where both piers Zone, as defined in 33 CFR 3.05–10. end. (c) Regulations. (1) In accordance with (3) Around the U.S.S. Constitution— the general regulations in Sec. 165.23 fifty yards in all directions in the wa- and Sec. 165.33 of this part, entry into ters around Constitution when the ves- or movement within these zones is pro- sel is moored at any Boston berthing hibited unless authorized by the Cap- location other than Pier 1, Charlestown tain of the Port Boston, or his/her au- Navy Yard. thorized representative. (b) The general regulations governing (2) No person or vessel may enter the safety zones as contained in 33 CFR waters within the boundaries of the 165.23 apply. safety and security zones described in paragraph (b) of this section unless pre- [CGD1 91–109, 57 FR 30407, July 9, 1992] viously authorized by the COTP Bos- § 165.112 Safety Zone: USS CASSIN ton, or his/her authorized representa- YOUNG, Boston, Massachusetts. tive. However, LNGCs and support vessels, as defined in 33 CFR 148.5, oper- (a) Location. The following area is a ating in the vicinity of NEGDWP are safety zone: authorized to enter and move within Around the USS CASSIN YOUNG such zones in the normal course of (DD–793) and any accompanying parade their operations following the require- vessels when the USS CASSIN YOUNG ments set forth in 33 CFR 150.340 and is underway. The zone extends 100 150.345, respectively. yards in all directions in the waters (3) All vessels operating within the around the USS CASSIN YOUNG and safety and security zones described in accompanying parade vessels whenever paragraph (b) of this section must com- the USS CASSIN YOUNG is underway ply with the instructions of the COTP in Boston Harbor from the time the or his/her authorized representative. USS CASSIN YOUNG departs its berth until it is safely moored. [CGD01–02–023, 67 FR 63263, Oct. 11, 2002, as (b) Regulations. The general regula- amended by USCG–2007–0087, 73 FR 34194, tions governing safety zones as con- June 17, 2008] tained in 33 CFR 165.23 apply. § 165.111 Safety Zone: Boston Harbor, [CGD01–93–001, 58 FR 47991, Sept. 14, 1993] Boston, Massachusetts. (a) The following areas are estab- § 165.113 Security Zone: Dignitary ar- lished as safety zones during the condi- rival/departure Logan International tions specified: Airport, Boston, MA (1) Around the U.S.S. Constitution or (a) Location. The permanent security any accompanying parade vessels when zone consists of four sectors that may 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

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of foreign states or foreign govern- Broadcasts and/or by locally issued no- ments arriving at, or departing from, tices. Logan International Airport and as de- (b) Regulations. (1) The general regu- termined by the transit route across lations covering security zones con- Boston Harbor. The security zone will tained in 33 CFR 165.33 apply. be as follows: (2) All persons and vessels shall com- (1) Sector one will go into effect 15 ply with the instructions of the Coast minutes prior to the scheduled landing Guard Captain of the Port or the des- or takeoff of the aircraft carrying ei- ignated on scene patrol personnel. ther the President, Vice President, or Coast Guard patrol personnel include visiting heads of foreign states or for- commissioned, warrant, and petty offi- eign governments at Logan Inter- cers of the Coast Guard. Upon being national Airport. Sector one will pre- hailed by a Coast Guard vessel via clude all vessels from approaching siren, radio, flashing light, or other within three hundred yards of the means, the operator of a vessel shall Logan International Airport shoreline, proceed as directed. bound on the west by a line drawn between positions 42°22′45″ N., 071°01′05″ [CGD01–97–004, 63 FR 16117, Apr. 2, 1998] W. and 42°21′48″ N., 071°01′45″ W. (NAD) 1983). § 165.114 Safety and Security Zones: (2) Sector two will go into effect 15 Escorted Vessels—Boston Harbor, minutes before the vehicle carrying the Massachusetts. President, Vice President, or visiting (a) Location. The following waters heads of foreign states or foreign gov- within the Boston Captain of the Port ernments enters the Callahan Tunnel Zone, 1000 yards ahead and astern, and or Sumner Tunnel. Sector two may 100 yards on each side of any des- preclude vessels, as necessary, from en- ignated escorted vessel, are established tering an area of the main ship chan- as safety and security zones: All waters nel, Boston Inner Harbor; fifty yards in of Boston Inner Harbor, including the all directions from a point directly waters of the Mystic River, Chelsea above the Callahan Tunnel or Sumner River, and Reserved Channel west of a Tunnel. line running from Deer Island Light, at (3) Sector three will go into effect 15 position 42°20′25″ N, 070°57′15″ W, to minutes before the vehicle carrying the Long Island, at position 42°19′48″ N, President, Vice President, or visiting 070°57′15″ W, and west of the Long Is- heads of foreign states or foreign gov- land Bridge, running from Long Island ernments enters the Ted Williams Tun- to Moon Head. nel. Sector three may preclude vessels, (b) Escorted vessel definition. For the as necessary, from entering an area of purposes of this section, escorted ves- the main ship channel, Boston Inner sels operating in Boston Harbor include Harbor, fifty yards in all directions from a point directly above the Ted the following: Any vessels deemed to be Williams Tunnel. in need of escort protection by the Cap- (4) Sector four will go into effect 15 tain of the Port, Boston for security minutes before the President, Vice reasons. President, or visiting heads of foreign (c) Regulations. (1) In accordance with states or foreign governments board the general regulations in §§ 165.23 and the designated transport vessel. Sector 165.33 of this part, entry into or move- four will preclude all vessels from ap- ment within this zone is prohibited un- proaching within three hundred yards less authorized by the Captain of the in all directions from the designated Port Boston. vessel transporting the President, Vice (2) All vessel operators shall comply President, or visiting heads of foreign with the instructions of the COTP or states or foreign governments between the designated on-scene U.S. Coast Logan International Airport and any Guard patrol personnel. On-scene Coast location in Boston Harbor. Guard patrol personnel include com- (5) The activation of a particular sec- missioned, warrant, and petty officers tor of this security zone will be an- of the Coast Guard on board Coast nounced via Safety Marine Information Guard, Coast Guard Auxiliary, local,

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state, and federal law enforcement ves- feet of the Coast Guard Integrated Sup- sels. port Command (ISC) Boston piers and; (3) Salem Harbor. All waters of Salem [CGD01–01–227, 67 FR 20912, Apr. 29, 2002, as amended by CGD01–01–227, 67 FR 63265, Oct. Harbor within a two-hundred and fifty 11, 2002] (250) yard radius of the center point of the PG & E Power Plant Terminal § 165.115 Safety and Security Zones; Wharf, Salem, MA, located at 42°31.33′ Pilgrim Nuclear Power Plant, Plym- N, 070°52.67′ W when a vessel is moored outh, Massachusetts. at this pier. All coordinates are North (a) Location. All waters of Cape Cod American Datum 1983. Bay and land adjacent to those waters (b) Regulations. (1) In accordance with enclosed by a line beginning at position the general regulations in § 165.23 and 41°57′5″ N, 070°34′42″ W; then running § 165.33 of this part, entry into or move- southeast to position 41°56′40.5″ N, ment within these zones is prohibited 070°41′4.5″ W; then running southwest to unless authorized by the Captain of the position 41°56′32″ N, 070°34′14″ W; then Port Boston. running northwest to position (2) All vessel operators shall comply 41°56′55.5″ N, 070°34′52″ W; then running with the instructions of the Captain of northeast back to position 41°57′5″ N, the Port or the designated on-scene 070°34′42″ W. U.S. Coast Guard patrol personnel. On- (b) Regulations. (1) In accordance with scene Coast Guard patrol personnel in- the general regulations in §§ 165.23 and clude commissioned, warrant, and 165.33 of this part, entry into or move- petty officers of the Coast Guard on ment within these zones is prohibited board Coast Guard, Coast Guard Auxil- unless authorized by the Captain of the iary, local, state, and federal law en- Port Boston. forcement vessels. (2) All vessel operators shall comply (3) No person may enter the waters or with the instructions of the COTP or land area within the boundaries of the the designated on-scene U.S. Coast safety and security zones unless pre- Guard patrol personnel. On-scene Coast viously authorized by the Captain of Guard patrol personnel include com- the Port, Boston or his authorized pa- missioned, warrant, and petty officers trol representative. of the Coast Guard on board Coast [CGD01–02–016, 67 FR 45909, July 11, 2002, as Guard, Coast Guard Auxiliary, local, amended by USCG–2009–0416, 74 FR 27441, state, and federal law enforcement ves- June 10, 2009] sels. (3) No person may enter the waters or § 165.117 Regulated Navigation Areas, Safety and Security Zones: Deep- land area within the boundaries of the water Ports, First Coast Guard Dis- safety and security zones unless pre- trict. viously authorized by the Captain of the Port, Boston or his authorized pa- (a) Location—(1) Regulated navigation trol representative. areas. All waters within a 1,000 meter radius of the geographical positions set [CGD01–02–002, 67 FR 37693, May 30, 2002] forth in paragraph (a)(3) of this section are designated as regulated navigation § 165.116 Safety and Security Zones; areas. Salem and Boston Harbors, Massa- (2) Safety and security zones. All wa- chusetts. ters within a 500-meter radius of the (a) Location. The following areas are geographic positions set forth in para- permanent safety and security zones: graph (a)(3) of this section are des- (1) Reserved Channel, Boston Harbor. ignated as safety and security zones. All waters of Boston Harbor within one (3) Coordinates. (i) The geographic co- hundred fifty (150) yards off the bow ordinates forming the loci for the regu- and stern and one hundred (100) yards lated navigation areas, safety and secu- abeam of any vessel moored at the rity zones for the Northeast Gateway Massachusetts Port Authority Black Deepwater Port are: 42°23′38″ N, Falcon Terminal; 070°35′31″ W; and 42°23′56″ N, 070°37′00″ W (2) Boston Inner Harbor. All waters of (NAD 83). Boston Harbor within one hundred (100) (ii) [Reserved]

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(b) Definitions. As used in this sec- (4) All vessels operating within the tion— safety and security zones described in Authorized representative means a paragraph (a)(2) of this section must Coast Guard commissioned, warrant, or comply with the instructions of the petty officer or a Federal, State, or COTP or his/her authorized representa- local law enforcement officer des- tive. ignated by or assisting the Captain of [USCG–2007–0087, 73 FR 34194, June 17, 2008] the Port (COTP) Boston. Deepwater port means any facility or § 165.120 Safety Zone: Chelsea River, structure meeting the definition of Boston Inner Harbor, Boston, MA. deepwater port in 33 CFR 148.5. (a) Location. The following area is a Dredge means fishing gear consisting safety zone: The waters of the Chelsea of a mouth frame attached to a holding River, Boston Inner Harbor, for 100 bag constructed of metal rings or yards upstream and downstream of the mesh. center of the Chelsea Street Draw span Support vessel means any vessel meet- (in the approximate position of lati- ing the definition of support vessel in tude 42°23′10.3″ N., longitude 71°01′21.2″ 33 CFR 148.5. W.). [NAD83]. Trap means a portable, enclosed de- (b) Regulation. The following stand- vice with one or more gates or en- ards are the minimum requirements for trances and one or more lines attached transit of the Safety Zone. Additional to surface floats used for fishing. Also precautions may be taken by the pilot called a pot. and/or person in charge (Master or Op- (c) Applicability. This section applies erator). to all vessels operating in the regu- (1) All tankships greater than 1,000 lated navigation areas set forth in Gross Tons shall be under the direction paragraph (a) of this section, except— and control of an individual holding a (1) Those vessels conducting cargo valid merchant mariner’s license or transfer operations with the deepwater merchant mariner credential endorsed ports whose coordinates are provided in as pilot. This does not relieve persons paragraph (a)(3) of this section, in charge (Masters or Operators) from (2) Support vessels operating in con- their ultimate responsibility for the junction therewith, and safe navigation of vessels. (3) Coast Guard vessels or other law (2) All vessel(s) speed shall be kept to enforcement vessels operated by or a minimum considering all factors and under the direction of an authorized the need for optimum vessel control. representative of the COTP Boston. (3) Restrictions on size and draft of (d) Regulations. (1) No vessel may an- vessels: chor or engage in commercial fishing (i) No vessel greater than 661 feet in using nets, dredges, or traps (pots) in length (using length overall) or greater the regulated navigation areas set than 90.5 feet in beam (using extreme forth in paragraph (a)(1) of this section. breadth) shall transit the Safety Zone. (2) In accordance with the general (ii) No vessel greater than 630.5 feet regulations in §§ 165.23 and 165.33 of this in length or 85.5 feet or greater in beam part, entry into or movement within shall transit the Safety Zone during the safety and security zones des- the period between sunset and sunrise. ignated in paragraph (a)(2) of this sec- (iii) No tankship greater than 550.5 tion is prohibited unless authorized by feet in length shall transit the Safety the COTP Boston, or his/her authorized Zone, either inbound or outbound, with representative. a draft less than 18.0 feet forward and (3) Notwithstanding paragraph (d)(2) 24.0 feet aft. of this section, tankers and support (4) Restrictions when the Chelsea vessels, as defined in 33 CFR 148.5, oper- River channel is obstructed by vessel(s) ating in the vicinity of NEGDWP are moored at the Northeast Petroleum authorized to enter and move within Terminal located downstream of the such zones in the normal course of Chelsea Street Bridge on the Chelsea, their operations following the require- MA side of the Chelsea River—here- ments set forth in 33 CFR 150.340 and after referred to as the Jenny Dock 150.345, respectively. (approximate position latitude

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42°23′05.2″ N., longitude 71°01′35.8″ W.)— W in the Narragansett Bay Pre- or the Mobile Oil Terminal located on cautionary Area. the East Boston Side of the Chelsea (2) All waters of Rhode Island Sound, River downstream of the Chelsea Narragansett Bay, the Providence and Street Bridge (approximate position Taunton Rivers 2 miles ahead and 1 latitude 42°23′04.9″ N., longitude mile astern, and extending 1000 yards 71°01′28.52″ W.): [NAD83]. on either side of any high interest ves- (i) When there is a vessel moored at sel transiting Narragansett Bay, or the each terminal, no vessel greater than Providence and Taunton Rivers. 300.5 feet in length or greater than 60.5 (3) All waters and land within a 1000- feet in beam, shall transit the safety yard radius of any high interest vessel zone. moored at a waterfront facility in the (ii) When a vessel with a beam great- Providence Captain of the Port zone. er than 60.5 feet is moored at either (b) High interest vessels defined. For terminal, no vessel greater than 630.5 purposes of this section, high interest feet in length or greater than 85.5 feet vessels operating in the Providence in beam shall transit the Safety Zone. Captain of the Port zone include the (iii) When a vessel with a beam great- following: barges or ships carrying liq- er than 85.5 feet is moored at either uefied petroleum gas (LPG), liquefied terminal, no vessel greater than 550.5 natural gas (LNG), chlorine, anhydrous feet in length or greater than 85.5 feet ammonia, or any other cargo deemed in beam shall transit the Safety Zone. to be high interest by the Captain of (5) Requirements for tug assistance: the Port, Providence. (i) All tankships greater than 630.5 (c) Regulations. (1) Entry into or feet in length or greater than 85.5 feet movement within these zones, includ- in beam shall be assisted by at least ing below the surface of the water, dur- four tugs of adequate horsepower. ing times in which high interest vessels (ii) All tankships from 450 feet in are present and the zones are enforced length up to and including 630.5 feet in is prohibited unless authorized by the length and less than 85.5 feet in beam COTP Providence or authorized rep- shall be assisted by at least three tugs resentative. of adequate horsepower. (2) The general regulations covering (iii) All tug/barge combinations with safety and security zones in §§ 165.23 a tonnage of over 10,000 Gross Tons (for and 165.33, respectively, of this part the barge(s), in all conditions of draft, apply. shall be assisted by at least one tug of (3) All persons and vessels shall com- adequate horsepower. ply with the instructions of the COTP, (6) U.S. Certificated integrated tug/ and the designated on-scene U.S. Coast barge (ITB) combinations shall meet Guard personnel. On-scene Coast Guard the requirements of a tankship of simi- patrol personnel include commissioned, lar length and beam except that one warrant, and petty officers of the Coast less assist tug would be required. Guard on board Coast Guard, Coast (7) Variances from the above stand- Guard Auxiliary, local, state, and fed- ard must be approved in advance by the eral law enforcement vessels. Captain of the Port of Boston, MA. [CGD01–02–065, 67 FR 56224, Sept. 3, 2002]

[CCGD1–85–4R, 51 FR 10835, Mar. 31, 1986; 51 § 165.122 Providence River, Provi- FR 23415, June 27, 1986, as amended by USCG– dence, R.I. regulated navigation 1998–3799, 63 FR 35532, June 30, 1998; USCG– area. 2006–24371, 74 FR 11213, Mar. 16, 2009; USCG– 2009–0416, 74 FR 27441, June 10, 2009] (a) Description of the regulated navigation area (RNA). The Regulated Naviga- § 165.121 Safety and Security Zones: tion Area (RNA) encompasses the deep High Interest Vessels, Narragansett draft channel between Narragansett Bay, Rhode Island. Bay Entrance Lighted Horn Buoy NB (a) Location. (1) All waters of Rhode (LLNR 17675) 41°23.0′ N Latitude, 71°23.4′ Island Sound within a 1⁄2 mile radius of W Longitude, and Fox Point, Provi- any high interest vessel while the ves- dence. sel is anchored within 1⁄2 mile of the (b) Regulations. (1) The following re- point Latitude 41°25′ N, Longitude 71°23′ strictions apply in the portion of the

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regulated area between Conimicut to departure from the berth, at depar- Light (LLNR 18305) and Channel Light ture from the berth, Abeam of Sabin 42 (Fuller Rock Light, (LLNR 18580)). Point, Abeam of Gaspee Point, and (i) No vessel with a draft greater Abeam of Conimicut Light (LLNR than 35 feet may transit when water 18305). depth is at or below mean low water. (6) Vessels 65 feet and under in length (ii) Vessels with drafts greater than and all recreational vessels when meet- 35 feet but less than 38 feet may transit ing deep draft commercial vessel traf- when water depth is other than that on fic in the Providence River Channel be- or below mean low water, provided tween Conimicut Light (LLNR 18305) there is sufficient depth under the keel and Channel Light 42 (LLNR 18580, to prevent grounding. Fuller Rock Light) shall keep out of (iii) Vessels with drafts greater than the way of the oncoming deep draft or equal to 38 feet must obtain permis- commercial vessel. sion, 48 hours in advance of the desired (7) The Captain of the Port, Provi- transit time, from the Captain of the dence, may authorize a deviation from Port, Providence to transit. these regulations. (2) Vessels with drafts greater than 35 (c) Enforcement. Violations of this feet must have at least one mile of vis- regulated navigation area should be re- ibility to transit the regulated area be- ported to the Captain of the Port, tween Conimicut Light (LLNR 18305) Providence, at (401) 435–2300. Persons in and Channel Light 42 (LLNR 18580, violation of these regulations will be Fuller Rock Light). subject to civil penalty under § 165.13(b) (3) Vessels over 65 feet in length are of this part. prohibited from passing, meeting, or overtaking other vessels over 65 feet in [CGD01–93–030, 59 FR 18489, Apr. 19, 1994] length in the regulated area from: § 165.130 Sandy Hook Bay, New Jer- (i) Gaspee Point to Channel Light 42, sey—security zone. (Fuller Rock Light, LLNR 18580). (ii) Conimicut Point Reach (a) Naval Ammunition Depot Piers. The (Conimicut Light, LLNR 18305) to navigable waters within the following Channel Lighted Buoy 19, 41°43.7′ N boundaries are a security zone: A line Latitude, 71°21.8′ W Longitude, (LLNR beginning on the shore at 40°25′55.6″ N, 18330) and Channel Lighted Buoy 20, 074°04′31.4″ W; thence to 40°26′54.0″ N, 41°43.7′ N Latitude, 71°21.8′ W Lon- 074°03′53.0″ W; thence to 40°26′58.0″ N, gitude, (LLNR 18335). 074°04′03.0″ W; thence to 40°27′56.0″ N, (4) Vessels over 65 feet in length in- 074°03′24.0″ W; thence to 40°27′28.5″ N, bound for berths up the Providence 074°02′10.4″ W; thence to 40°26′29.5″ N, River, planning to transit through the 074°02′51.2″ W; thence to 40°26′31.4″ N, deep draft channel, are required to 074°02′55.4″ W; thence to 40°25′27.1″ N, make Safety Signal (SECURITE) calls 074°03′39.7″ W; thence northwest along on both VHF channels 13 and 16 at the the shoreline to the beginning point. following geographic locations: Pilot’s (b) Terminal Channel. The waters Station, Abeam of Castle Hill, Ap- within the following boundaries are a proaching the Newport bridge, South of security zone—A line beginning at Prudence Island, Abeam of Sandy 40°27′41.2″ N, 74°02′46″ W; then to 40°28′27″ Point, Abeam of Popasquash Point, Ap- N, 74°02′17.2″ W; then to 40°28′21.1″ N, proaching the Southern End of 74°02′00″ W; then to 40°28′07.8″ N, Rumstick Neck Reach, Abeam of 74°02′22″ W; then to 40°27′39.8″ N, Conimicut Point Light (LLNR 18305), 74°02′41.4″ W; then to the beginning. Abeam of Gaspee Point, Abeam of (c) The following rules apply to the Sabin Point and upon mooring. security zone established in paragraph (5) Vessels over 65 feet in length out- (b) of this section (Terminal Channel) bound for sea down the Providence instead of the rule in § 165.33(a): River Channel transiting through this (1) No vessel shall anchor, stop, re- regulated navigation area are required main or drift without power at any- to make SECURITE calls on VHF time in the security zone. channels 13 and 16 at the following geo- (2) No vessel shall enter, cross, or graphic locations: one-half hour prior otherwise navigate in the security zone

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when a public vessel, or any other ves- vision when operating in Security Zone sel, that cannot safely navigate outside A. the Terminal Channel, is approaching [CGD 79–034, 47 FR 29660, July 8, 1982, as or leaving the Naval Ammunition amended by COTP 83–01, 48 FR 33264, July 21, Depot Piers at Leonardo, New Jersey. 1983; CGD3–83–29, 48 FR 51622, Nov. 10, 1983; (3) Vessels may enter or cross the se- CGD3–84–26, 49 FR 40405, Oct. 16, 1984; CGD3– curity zone, except as provided in para- 86–56, 52 FR 17296, May 7, 1987. Redesignated graph (c)(2) of this section. by CGD 87–008b, 52 FR 25218, July 6, 1987; CDG3 86–56, 52 FR 44107, Nov. 18, 1987; CGD01– (4) No person may swim in the secu- 97–104, 62 FR 51782, Oct. 3, 1997; CGD01–03–012, rity zone. 69 FR 4244, Jan. 29, 2004]

[CGD 77–118a, 42 FR 35784, July 11, 1977. Re- § 165.141 Safety Zone: Sunken vessel designated by CGD 81–017, 46 FR 28154, May EMPIRE KNIGHT, Boon Island, ME. 26, 1981, and CGD 87–008b, 52 FR 25218, July 6, 1987; USCG–2007–0074, 74 FR 7191, Feb. 13, (a) Location. The following area is a 2009] safety zone: All waters of the Atlantic Ocean within a 1,000 yard radius of the § 165.140 New London Harbor, Con- stern section of the sunken vessel EM- necticut—security zone. PIRE KNIGHT, in approximate posi- ° ′ ″ ° ′ ″ (a) Security zones—(1) Security Zone A. tion 43 06 19 N, 70 27 09 W, (NAD 1983) and extending from the water’s surface The waters of the Thames River west to the seabed floor. of the Electric Boat Corporation Ship- (b) Effective date. This section is ef- yard enclosed by a line beginning at a fective on August 23, 1996, twenty-four ° ′ ″ point on the shoreline at 41 20 16 N, hours a day, seven days a week. ° ′ ″ 72 04 47 W; then running west to (c) Regulations. (1) The general regu- ° ′ ″ ° ′ ″ 41 20 16 N, 72 04 57 W; then running lations contained in 33 CFR 165.23 north to 41°20′26″ N, 72°04′57″ W; then apply. northwest to 41°20′28.7″ N, 72°05′01.7″ W; (2) All vessels and persons are prohib- then north-northwest to 41°20′53.3″ N, ited from anchoring, diving, dredging, 72°05′04.8″ W; then north-northeast to dumping, fishing, trawling, laying 41°21′02.9″ N, 72°05′04.9″ W; then east to a cable, or conducting salvage operations point on shore at 41°21′02.9″ N, 72°04′58.2″ in this zone except as authorized by the W. Coast Guard Captain of the Port, Port- (2) Security Zone B. The waters of the land, Maine. Innocent transit through Thames River, west of the Naval Sub- the area within the safety zone is not marine Base, New London, CT, en- affected by this regulation and does closed by a line beginning at a point on not require the authorization of the the shoreline at 41°23′15.8″ N., 72°05′17.9″ Captain of the Port. W.; then to 41°23′15.8″ N., 72°05′22″ W.; (3) All persons and vessels shall com- then to 41°23′25.9″ N., 72°05′29.9″ W.; then ply with the instructions of the COTP to 41°23′33.8″ N., 72°05′34.7″ W.; then to or the designated on scene patrol per- 41°23′37.0″ N., 72°05′38.0″ W.; then to sonnel. U.S. Coast Guard patrol personnel include commissioned, warrant, 41°23′41.0″ N., 72°05′40.3″ W.; then to and petty officers of the Coast Guard. 41°23′47.2″ N., 72°05′42.3″ W.; then to ° ′ ″ ° ′ ″ Upon being hailed by a U.S. Coast 41 23 53.8 N., 72 05 43.7 W.; then to Guard vessel via siren, radio, flashing ° ′ ″ ° ′ ″ 41 23 59.8 N., 72 05 43.0 W.; then to light, or other means, the operator of a ° ′ ″ ° ′ ″ 41 24 12.4 N., 72 05 43.2 W.; then to a vessel shall proceed as directed. point on the shoreline at 41°24′14.4″ N., 72°05′38″ W.; then along the shoreline to [CGD 01–95–141, 61 FR 60032, Nov. 26, 1996] the point of beginning. § 165.150 New Haven Harbor, (3) All coordinates are North Amer- Quinnipiac River, Mill River. 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

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line 126°T to point B at the southwest the COTP finds that an alternate oper- corner of the Gulf facility at 41°17′42″ ation can be done safely. 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 CGD 80–069, 47 FR 53368, Nov. 26, corner of the Texaco terminal dock 1982. Redesignated by CGD 87–008b, 52 FR 41°17′57″ N, 72°54′06″ W thence along a 25218, July 6, 1987] line 303°T to point D at the west bank of the mouth of the Mill River 41°18′05″ § 165.151 Safety Zones; Long Island N, 72°54′23″ W thence south along the Sound annual fireworks displays. shoreline to point A. (a) Safety Zones. The following areas (b) Regulations. (1) No person may op- are designated safety zones. All coordi- erate a vessel or tow a barge in this nates references 1983 North American Regulated Navigation Area in violation Datum (NAD83). of these regulations. (1) Indian Harbor Yacht Club Fireworks (2) Applicability. The regulations Safety Zone. All waters of Long Island apply to barges with a freeboard great- Sound off Greenwich CT, within a 800- er than ten feet and to any vessel tow- foot radius of the fireworks barge lo- ° ′ ″ ing or pushing these barges on out- cated in approximate position 41 00 35 ° ′ ″ bound transits of the Tomlinson N, 073 37 05 W. Bridge. (2) City of Rowayton Fireworks Safety Zone. All waters of Long Island Sound (3) Regulated barges may not transit in Sheffield Channel off of Ballast Reef the bridge— within a 1000-foot radius of the fire- (i) During the period from one hour works barge located in approximate po- to five hours after high water slack, sition 41°03′11″ N, 073°26′41″ W. (ii) When the wind speed at the (3) The Yampol Family Fireworks Safe- bridge is greater than twenty knots, ty Zone. All waters of Long Island and Sound off Cold Springs Harbor, Cove (iii) With the barge being towed on a Neck New York within a 1200-foot ra- hawser, stern first. dius of the fireworks barge located in (4) Regulated barges with a beam approximate position 41°53′00″ N, 073°29″ greater than fifty feet must be pushed 13″ W. ahead through the bridge. (4) Groton Long Point Yacht Club Fire- (5) If the tug operator does not have works Safety Zone. All waters of Long a clear view over the barge when push- Island Sound off of Groton Long Point, ing ahead, the operator shall post a Groton, CT, within a 600-foot radius of lookout on the barge with a means of the fireworks barge in approximate po- communication with the operator. sition 41°18′05″ N, 072°02″ 08″ W. (6) Regulated barges departing the (5) City of West Haven Fireworks Safety Mill River may transit the bridge only Zone. All waters of New Haven Harbor between sunrise and sunset. Barges on Long Island Sound off Bradley Point must be pushed ahead of the tug, bow within a 1200-foot radius of the fireworks barge in approximate position first, with a second tug standing by to 41°15′07″ N, 072°57′26″ W. assist at the bow. (6) New Haven Festival Fireworks Safe- (7) Nothing in this section is intended ty Zone. All waters of New Haven Har- to relieve any person from complying bor on Long Island Sound within a 1200- with: foot radius of the fireworks barge in (i) Applicable Navigation and Pilot approximate position 40°17′31″ N, Rules for Inland Waters; 072°54′48″ W. (ii) Any other laws or regulations; (7) Madison Cultural Arts Fireworks (iii) Any order or direction of the Safety Zone. All the waters of Long Is- Captain of the Port. land Sound located off the City of (8) The Captain of the Port, New Madison within an 800-foot radius of Haven, may issue an authorization to the fireworks barge in approximate po- deviate from any rule in this section if sition 41°16′10″ N, 072°36′30″ W. (8) Arnold L. Chase Fireworks Safety Zone. All waters of Connecticut River

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within a 600 foot radius of the fire- position 40°54′04″ N, 072°16′50″ W, off of works barge located in approximate po- Sagaponack, NY. sition 41°15′56″ N, 072°21′49″ W, about (18) Norwich July Fireworks Safety 100-yards off Fenwick Pier. Zone. All waters of the Thames River (9) Saybrook Summer Pops Fireworks within a 600–foot radius of the fire- Safety Zone. All waters of Connecticut works launch area in approximate posi- River within a 600-foot radius of the tion 41°31′20.9″ N, 072°04′45.9′ W, located fireworks barge located in approximate off of Norwich, CT. position 41°17′35″ N, 072°21′20″ W. (19) Town of Branford Fireworks Safety (10) Mashantucket Pequot Fireworks Zone. All waters of Branford Harbor off Safety Zone. All waters of the Thames of Branford Point within a 600–foot ra- River off of New London, CT, within a dius of the fireworks launch area lo- 1200–foot radius of a fireworks barge located on Branford Point in approxi- cated in approximate position mate position 41°15′30″ N, 072°49′22″ W. 41°20′57.1″ N, 72°05′22.1″ W; and within (20) Vietnam Veterans Local 484/Town 1000–feet of fireworks barges located in of East Haven Fireworks Safety Zone. All approximate positions: barge one, waters of Long Sound off of Cosey 41°21′03.3″ N, 72°05′24.5″ W; and barge Beach, East Haven, CT within a 1000– two, 41°20′51.75″ N, 72°05′18.90″ W. foot radius of the fireworks barge in (11) Harbor Day Fireworks Safety Zone. approximate position 41°14′19″ N, All waters of Thames River within a 072°52′9.8″ W. 600-foot radius of the fireworks barge (21) Westport Police Athletic League located in approximate position Fireworks Safety Zone. All waters of 41°31′14″ N, 072°04′44″ W, located off Long Island Sound off Compo Beach, American Warf Marina, Norwich, CT. Westport, CT within a 800–foot radius (12) Riverfest Fireworks Safety Zone. of the fireworks barge in approximate All the waters of the Connecticut River position 41°09′2.5″ N, 073°20′1.1″ W. within a 600-foot radius of the fire- (22) Westbrook, CT July Celebration works barge located in approximate po- Safety Zone. All waters of Westbrook sition 41°45′34″ N, 072°39′37″ W. Harbor in Long Island Sound within a (13) Southampton Fresh Air Home Fire- 800–foot radius of the fireworks barge works Safety Zone. All the waters of located in approximate position Shinnecock Bay within a 600-foot ra- 41°16′50″ N, 072°26′14″ W. dius of the fireworks barge located in (23) Norwalk Fireworks Safety Zone. approximate position 40°51′48″ N, All waters of Long Island Sound off of 072°28′30″ W, off of Southampton, NY. Calf Pasture Beach in Norwalk, CT (14) T.E.L. Enterprises Fireworks Safety within a 1000–foot radius of the fire- Zone. All the waters of Great South works barge located in approximate po- Bay within a 600-foot radius of the fire- sition 40°05′10″ N, 073°23′20″ W. works barge located in approximate po- (24) Town of Stratford Fireworks Safety sition 40°41′17″ N, 073°00′20″ W, off of Zone. All waters of Long Island Sound Davis Park, NY. off of Short Beach in Stratford, CT, (15) Patchogue Chamber of Commerce within a 800–foot radius of the fire- Fireworks Safety Zone. All the waters of works launch area located in approxi- Great South Bay within an 800-foot ra- mate position 41°09′5″ N, 073°06′5″ W. dius of the fireworks barge located in (25) Old Black Point Beach Association approximate position 40°44′38″ N, Fireworks Safety Zone. All waters of 073°00′33″ W, off of Patchogue, NY. Long Island Sound off Old Black Point (16) Fire Island Tourist Bureau Fire- Beach in East Lyme, CT, within a 1000- works Safety Zone. All the waters of foot radius of the fireworks launch Great South Bay within a 600-foot ra- area located on Old Black Point Beach dius of the fireworks barge located in in approximate position 41°17′34.9″ N, approximate position 40°35′45″ N, 072°12′55.6″ W. 073°05′23″ W, off of Cherry Cove, NY. (26) Village of Asharoken Fireworks (17) Treibeck’s Party Fireworks Safety Safety Zone. All waters of Northport Zone. All the waters of the Atlantic Bay off of Asharoken Beach in Ocean within a 1200-foot radius of the Asharoken, NY within a 600-foot radius fireworks barge located in approximate of the fireworks launch area located in

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approximate position 40°55′30″ N, 072°21′ (b) Regulations. (1) The general regu- W. lations contained in 33 CFR § 165.23 (b) Notification. Coast Guard Sector apply. Long Island Sound and Coast Guard (2) All persons and vessels must com- Sector Field Office Moriches will cause ply with the Coast Guard Captain of notice of the activation of these safety the Port or designated on-scene patrol zones to be made by all appropriate personnel. On-scene Coast Guard patrol means to effect the widest publicity personnel include commissioned, war- among the affected segments of the rant, and petty officers of the Coast public, including publication in the Guard on board Coast Guard, Coast local notice to mariners, marine infor- Guard Auxiliary, and local, state, and mation broadcasts, and facsimile. Fire- federal law enforcement vessels. Upon works barges used in these locations being hailed by siren, radio, flashing will also have a sign on their port and light or other means from a U.S. Coast Guard vessel or other vessel with on- starboard side labeled ‘‘FIREWORKS— scene patrol personnel aboard, the op- STAY AWAY’’. Displays launched from erator of the vessel shall proceed as di- shore sites will have a sign labeled rected. ‘‘FIREWORKS—STAY AWAY’’ with the same size requirements. The signs [CGD01–03–025, 69 FR 26045, May 11, 2004] required by this section must consist of red letters at least 10 inches high, and § 165.153 Regulated Navigation Area: 1.5 inch thick on a white background. Long Island Sound Marine Inspec- tion and Captain of the Port Zone. (c) Enforcement period. Specific zones in this section will be enforced from 8 (a) Regulated Navigation Area location. p.m. to 11 p.m. each day a barge or land All waters of the Long Island Sound based launch site with sign reading Marine Inspection and Captain of the ‘‘FIREWORKS—STAY AWAY’’ is Port (COTP) Zone, as delineated in 33 CFR 3.05–35, extending seaward 12 nau- present in that zone. tical miles from the territorial sea (d) Regulations. Vessels may not baseline, are established as a regulated enter, remain in, or transit through navigation area (RNA). the safety zones in this section during (b) Applicability. This section applies the enforcement period unless author- to all vessels operating within the RNA ized by the Captain of the Port Long excluding public vessels. Island Sound or designated Coast (c) Definitions. The following defini- Guard patrol personnel on scene. tions apply to this section: [CGD01–01–077, 67 FR 22352, May 3, 2002, as Commercial service means any type of amended by USCG–2003–15404, 68 FR 37741, trade or business involving the trans- June 25, 2003; 68 FR 40024, July 3, 2003; portation of goods or individuals, ex- CGD01–05–012, 70 FR 43764, July 29, 2005] cept service performed by a combatant vessel. § 165.152 Coast Guard Station Fire Is- Ferry means a vessel that: land, Long Island, New York—safety (1) Operates in other than ocean or zone. coastwise service; (a) Location. The following waters of (2) Has provisions only for deck pas- Fire Island Inlet are a safety zone: Be- sengers or vehicles, or both; ginning at a point on shore at 40°37.523′ (3) Operates on a short run on a fre- N, 073°15.685′ W; then north to 40°37.593′ quent schedule between two points N, 073°15.719′ W; then east to 40°37.612′ over the most direct water route; and N, 073°15.664′ W; then east to 40°37.630′ (4) Offers a public service of a type N, 073°15.610′ W; then east to 40°37.641′ normally attributed to a bridge or tun- N, 073°15.558′ W; then southeast to nel. 40°37.630′ N, 073°15.475′ W; then south- Public vessels means vessels owned or east to 40°37.625′ N, 073–15.369′ W; then bareboat chartered and operated by the southeast to 40°37.627′ N, 073°15.318′ W; United States, or by a State or polit- then southeast to point on shore at ical subdivision thereof, or by a foreign 40°37.565′ N, 073°15.346′ W. All coordination, except when such vessel is en- nates are North American Datum 1983. gaged in commercial service.

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Territorial sea baseline means the line port or place subject to the jurisdiction defining the shoreward extent of the of the United States, and all vessels territorial sea of the United States not engaged in commercial service drawn according to the principles, as whose last port of call was in the recognized by the United States, of the United States. Vessels requiring in- Convention on the Territorial Sea and spection by the COTP may contact the the Contiguous Zone, 15 U.S.T. 1606, COTP via marine band or Very High and the 1982 United Nations Conven- Frequency (VHF) channel 16, telephone tion on the Law of the Sea (UNCLOS), at (203) 468–4401, facsimile at (203) 468– 21 I.L.M. 1261. Normally, the territorial 4418, or letter addressed to Captain of sea baseline is the mean low water line the Port, Long Island Sound, 120 Wood- along the coast of the United States. ward Ave., New Haven, CT 06512. (d) Regulations. (1) Speed restrictions (4) All vessels operating within the in the vicinity of Naval Submarine RNA that are bound for a port or place Base New London and Lower Thames located in the United States or that River. Unless authorized by the Cap- must transit the internal waters of the tain of the Port (COTP), vessels of 300 United States, must obtain authoriza- gross tons or more may not proceed at tion from the Captain of the Port a speed in excess of eight knots in the (COTP) before entering waters within Thames River from New London Har- three nautical miles from the terri- bor channel buoys 7 and 8 (Light List torial sea baseline. Vessels awaiting numbers 21875 and 21880 respectively) COTP authorization to enter waters north through the upper limit of the within three nautical miles from the Naval Submarine Base New London Re- territorial sea baseline will be required stricted Area, as that area is specified to anchor in the manner directed by in 33 CFR 334.75(a). The U.S. Navy and the COTP. This section does not apply other Federal, State and municipal to vessels operating exclusively within agencies may assist the U.S. Coast the Long Island Sound Marine Inspec- Guard in the enforcement of this rule. tion and COTP Zone, vessels on a sin- (2) Enhanced communications. Vessels gle voyage which depart from and re- of 300 gross tons or more and all vessels turn to the same port or place within engaged in towing barges must issue the RNA, all towing vessels engaged in securite´ calls on marine band or Very coastwise trade, vessels in innocent High Frequency (VHF) radio channel 16 passage not bound for a port or place upon approach to the following loca- subject to the jurisdiction of the tions: United States, and all vessels not en- (i) Inbound approach to Cerberus gaged in commercial service whose last Shoal; and port of call was in the United States. (ii) Outbound approach to Race Rock Vessels may request authorization Light (USCG Light List No. 19815). from the COTP by contacting the (3) All vessels operating within the COTP via marine band or Very High RNA that are bound for a port or place Frequency (VHF) channel 16, telephone located in the United States or that at (203) 468–4401, facsimile at (203) 468– must transit the internal waters of the 4418, or letter addressed to Captain of United States, must be inspected to the the Port, Long Island Sound, 120 Wood- satisfaction of the U. S. Coast Guard, ward Ave., New Haven, CT 06512. before entering waters within three (5) Vessels over 1,600 gross tons oper- nautical miles from the territorial sea ating in the RNA within three nautical baseline. Vessels awaiting inspection miles from the territorial sea baseline will be required to anchor in the man- that are bound for a port or place lo- ner directed by the COTP. This section cated in the United States or that does not apply to vessels operating ex- must transit the internal waters of the clusively within the Long Island Sound United States must receive authoriza- 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

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passage not bound for a port or place south to the eastern most point of Fox subject to the jurisdiction of the Island at approximate position 41–18.400 United States. N, 072–09.660 W. All coordinates are (6) Ferry vessels. Vessels of 300 gross North American Datum 1983. tons or more are prohibited from enter- (2) Coast Guard Vessels Safety and Se- ing all waters within a 1200-yard radius curity Zones. All waters within a 100- of any ferry vessel transiting in any yard radius of any anchored Coast portion of the Long Island Sound Ma- Guard vessel. For the purposes of this rine Inspection and COTP Zone with- section, Coast Guard vessels includes out first obtaining the express prior any commissioned vessel or small boat authorization of the ferry vessel oper- in the service of the regular Coast ator, master, COTP, or the designated Guard and does not include Coast COTP on-scene patrol. Guard Auxiliary vessels. (7) Vessels engaged in commercial serv- (b) Regulations. (1) The general regu- ice. No vessel may enter within a 100- lations contained in § 165.23 and § 165.33 yard radius of any vessel engaged in of this part apply. commercial service while that vessel is (2) In accordance with the general transiting, moored, or berthed in any regulations in § 165.23 and § 165.33 of this portion of the Long Island Sound Ma- part, entry into or movement within rine Inspection and COTP zone, with- this zone is prohibited unless author- out the express prior authorization of ized by the Captain of the Port Long, the vessel’s operator, master, COTP, or Island Sound. the designated COTP on-scene rep- (3) All persons and vessels shall com- resentative. ply with the instructions of the Coast (8) Bridge foundations. Any vessel op- Guard Captain of the Port or on-scene erating beneath a bridge must make a patrol personnel. These personnel com- direct, immediate and expeditious pas- prise commissioned, warrant, and petty sage beneath the bridge while remain- officers of the Coast Guard. Upon being ing within the navigable channel. No hailed by a U. S. Coast Guard vessel by vessel may stop, moor, anchor or loiter siren, radio, flashing light, or other beneath a bridge at any time. No vessel means, the operator of a vessel shall may approach within a 25-yard radius proceed as directed. of any bridge foundation, support, [CGD01–02–104, 68 FR 48803, Aug. 15, 2003] stanchion, pier or abutment except as required for the direct, immediate and § 165.155 Northville Industries Off- expeditious transit beneath a bridge. shore Platform, Riverhead, Long Is- (9) This section does not relieve any land, New York—safety zone. vessel from compliance with applicable (a) The following area is established navigation rules. as a safety zone during the specified [CGD01–02–104, 68 FR 48802, Aug. 15, 2003, as condition: amended by USCG–2006–24371, 74 FR 11213, (1) The waters within a 500 yard ra- Mar. 16, 2009] dius of the Northville Industries Off- shore Platform, Long Island, New § 165.154 Safety and Security Zones: York, 1 mile North of the Riverhead Long Island Sound Marine Inspec- shoreline at 41°00″ N, 072°38″ W, while a tion Zone and Captain of the Port Liquefied Petroleum Gas (LPG) vessel Zone. is moored at the Offshore Platform. (a) Safety and security zones. The fol- The safety zone remains in effect until lowing areas are safety and security the LPG vessel departs the Offshore zones: Platform. (1) Dominion Millstone Nuclear Power (b) The general regulations governing Plant Safety and Security Zones. (i) All safety zone contained in 33 CFR 165.23 waters north and north east of a line apply. 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

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vessels via Marine Safety Information thereafter at dates and times specified Radio Broadcast. in a FEDERAL REGISTER notice. [CGD3 85–86, 51 FR 37181, Oct. 20, 1986. Redes- [USCG–2008–0264, 73 FR 51367, Sept. 3, 2008] ignated by CGD 87–008b, 52 FR 25218, July 6, 1987] § 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, Patchogue, NY. (a) Safety zones. The following areas 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 (ii) Effective period. Paragraph apply. (a)(2)(i) of this section is in effect an- (2) In accordance with the general nually from 8 p.m. (e.s.t.) to 1 a.m. regulations in § 165.23 of this part, (e.s.t.) on Memorial Day. If the event is entry into or movement within this cancelled due to inclement weather, zone is prohibited unless authorized by then paragraph (a)(2)(i) of this section the Captain of the Port Long Island is effective from 8 p.m. (e.s.t.) to 1 a.m. Sound. (e.s.t.) on the day following Memorial (3) All persons and vessels must com- Day. ply with the Coast Guard Captain of (3) Red Bank, NJ, July 3rd fireworks, the Port or the designated on-scene pa- Navesink River: trol personnel. (i) Location. All waters of the (4) Upon being hailed by a U.S. Coast Navesink River within a 360-yard ra- Guard vessel by siren, radio, flashing dius of the fireworks barge in approxi- light or other means, the operator of mate position 40°21′20″ N 074°04′10″ W the vessel must proceed as directed. (NAD 1983), about 360 yards northwest (5) Persons and vessels may request of Red Bank, NJ. permission to enter the zone on VHF–16 (ii) Effective period. Paragraph or via phone at (203) 468–4401. (a)(3)(i) of this section is in effect an- (d) Enforcement period. This rule will nually from 8 p.m. (e.s.t.) to 1 a.m. be enforced from 11 a.m. to 5 p.m. on (e.s.t.) on July 3rd. If the event is can- August 22, 23, and 24, 2008 and each year celled due to inclement weather, then

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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 [USCG–2008–0179, 73 FR 35016, June 19, 2008] River south of the Brooklyn Bridge and north of a line drawn from the south- § 165.162 Safety Zone: New York Super west corner of Pier 3, Brooklyn, to the Boat Race, Hudson River, New northeast corner of Pier 6, Manhattan. York. (ii) Effective period. Paragraph (a) Regulated area. The following area (a)(4)(i) of this section is in effect an- is a safety zone: All waters of the nually from 8 p.m. (e.s.t.) to 1 a.m. Lower Hudson River south of a line (e.s.t.) on Labor Day. If the event is drawn from the northwest corner of cancelled due to inclement weather, Pier 76 in Manhattan to a point on the then paragraph (a)(4)(i) of this section New Jersey shore in Weehawken, New is effective from 8 p.m. (e.s.t.) to 1 a.m. Jersey at approximate position 40°45′52″ (e.s.t.) on the day following Labor Day. N 074°01′01″ W (NAD 1983) and north of (5) Deepavali Festival fireworks, East a line connecting the following points River, NY: (all coordinates are NAD 1983): (i) Location. All waters of the East River south of the Brooklyn Bridge and Latitude Longitude north of a line drawn from the south- 40°42′16.0″ N 074°01′09.0″ W, then south west corner of Pier 3, Brooklyn, to the to northeast corner of Pier 6, Manhattan. 40°41′55.0″ N 074°01′16.0″ W, then west to (ii) Effective period. Paragraph 40°41′47.0″ N 074°01′36.0″ W, then northwest to (a)(5)(i) of this section is in effect an- 40°41′55.0″ N 074°01′59.0″ W, then to nually from 6 p.m. (e.s.t.) to 1 a.m. shore at (e.s.t.) on the first Sunday in October. 40°42′20.5″ N 074°02′06.0″ W. If the event is cancelled due to inclement weather, then paragraph (a)(5)(i) of (b) Regulations. (1) Vessels not par- this section is effective from 6 p.m. ticipating in this event, swimmers, and (e.s.t.) to 1 a.m. (e.s.t.) on the first personal watercraft of any nature are Monday in October. prohibited from entering or moving (6) Seaport New Year’s Eve fireworks, within the regulated area unless au- East River, NY: thorized by the Patrol Commander. (i) Location. All waters of the East (2) All persons and vessels shall com- River south of the Brooklyn Bridge and ply with the instructions of the Coast north of a line drawn from the south- Guard Captain of the Port or the de- west corner of Pier 3, Brooklyn, to the signed on-scene-patrol personnel. northeast corner of Pier 6, Manhattan. These personnel comprise commis- (ii) Effective period. Paragraph sioned, warrant, and petty officers of (a)(6)(i) of this section is in effect an- the Coast Guard. Upon being hailed by nually from 8 p.m. (e.s.t.) to 1 a.m. a U.S. Coast Guard vessel by siren, (e.s.t.) on New Year’s Eve. If the event radio, flashing light, or other means, is cancelled due to inclement weather, the operator of a vessel shall proceed then paragraph (a)(6)(i) of this section as directed. is effective from 8 p.m. (e.s.t.) to 1 a.m. (c) Effective period. This section is in (e.s.t.) on the day following New Year’s effect annually from 10 a.m. until 4 Eve. p.m. on the Sunday following Labor (b) Regulations. (1) The general regu- Day. lations contained in 33 CFR 165.23 [CGD01–98–175, 64 FR 31984, June 15, 1999] apply. (2) All persons and vessels must com- § 165.163 Safety Zones; Port of New ply with the instructions of the Coast York/New Jersey Fleet Week. Guard Captain of the Port or the des- (a) The following areas are estab- ignated on-scene-patrol personnel. lished as safety zones: These personnel comprise commis- (1) Safety Zone A—(i) Location. A mov- sioned, warrant, and petty officers of ing safety zone for the Parade of Ships

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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, (b) Effective period. This section is ef- Manhattan. fective 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- (2) All persons and vessels shall com- hattan, from the parade column east to ply with the instructions of the Coast the Manhattan shoreline. Guard Captain of the Port or the des- (ii) Enforcement period. Paragraph ignated on-scene-patrol personnel. (a)(2)(i) of this section is enforced an- these personnel comprise commis- nually from 8 a.m. until 5 p.m. on the sioned, warrant, and petty officers of Wednesday before Memorial Day. 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 [CGD1–98–170, 64 FR 24946, May 10, 1999] safely berthed. (ii) Enforcement period. Paragraph § 165.164 Security Zones: Dignitary Ar- (a)(3)(i) of this section is enforced an- rival/Departure and United Nations nually from 8 a.m. until 5 p.m. on the Meetings, New York, NY. Wednesday before Memorial Day. (a) The following areas are estab- (4) Safety Zone D—(i) Location. A safe- lished as security zones: ty zone including all waters of the Hud- (1) Location. Wall Street heliport: All son River bound by the following waters of the East River within the fol- points: from the southeast corner of lowing boundaries: East of a line drawn Pier 90, Manhattan, where it intersects between approximate position 40°42′01″ the seawall, west to approximate posi- N 074°00′39″ W (east of The Battery) to tion 40°46′10″ N 074°00′13″ W (NAD 1983), 40°41′36″ N 074°00′52″ W (NAD 1983) (point south to approximate position 40°45′54″ north of Governors Island) and north of N 074°00′25″ W (NAD 1983), then east to a line drawn from the point north of the northeast corner of Pier 83 where it Governors Island to the southwest cor- intersects the seawall. ner of Pier 7 North, Brooklyn; and (ii) Enforcement period. Paragraph south of a line drawn between the (a)(4)(i) of this section is enforced an- northeast corner of Pier 13, Manhattan, nually from 10 a.m. until 5 p.m., from and the northwest corner of Pier 2 Friday through Monday, Memorial Day North, Brooklyn. weekend. (2) [Reserved] (5) Safety Zone E—(i) Location. A mov- (3) Location. Marine Air Terminal, La ing safety zone including all waters 500 Guardia Airport: All waters of Bowery yards ahead and astern, and 200 yards Bay, Queens, New York, south of a line on each side of the departing U.S. Navy drawn from the western end of La Aircraft or Helicopter Carrier as it Guardia Airport at approximate posi- transits the Port of New York and New tion 40°46′47″ N 073°53′05″ W (NAD 1983) Jersey from its mooring at the Intrepid to the Rikers Island Bridge at approxi- Sea, Air and Space Museum, Manhat- mate position 40°46′51″ N 073°53′21″ W tan, to the COLREGS Demarcation line (NAD 1983) and east of a line drawn be- at Ambrose Channel Entrance Lighted tween the point at the Rikers Island Bell Buoy 2 (LLNR 34805). Bridge to a point on the shore in

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Queens, New York, at approximate po- Upper New York Bay south of a line sition 40°46′36″ N 073°53′31″ W (NAD drawn from Pier A (Fireboat Station 1983). Pier), Battery Park City, in approxi- (4) Location. All waters of the East mate position 40°42′15.4″ N 074°01′06.8″ W River bound by the following points: (NAD 1983) to the easternmost corner 40°44′37″ N, 073°58′16.5″ W (the base of of the Ellis Island Security Zone, in ap- East 35th Street, Manhattan), then proximate position 40°41′57.6″ N east to 40°44′34.5″ N, 073°58′10.5″ W 074°02′06.7″ W (NAD 1983); north of a line (about 175 yards offshore of Manhat- drawn from Pier 7, Jersey City, NJ, in tan), then northeasterly to 40°45′29″ N, approximate position 40°41′26.4″ N 073°57′26.5″ W (about 125 yards offshore 074°03′17.3″ W (NAD 1983) to Liberty Is- of Manhattan at the Queensboro land Lighted Gong Buoy 29 (LLNR Bridge), then northwesterly to 40°45′31″ 34995), in approximate position N, 073°57′30.5″ W (Manhattan shoreline 40°41′02.2″ N 074°02′24.7″ W (NAD 1983), at the Queensboro Bridge), then south- on to Governor’s Island Extension erly to the starting point at 40°44′37″ N, Light (LLNR 35000), in approximate po- 073°58′16.5″ W. All nautical positions are sition 40°41′08.3″ N 074°01′35.4″ W (NAD based on North American Datum of 1983); all waters of the East River north 1983. of a line drawn from Governors Island, (5) Location. All waters of the East in approximate position 40°41′25.3″ N River north of a line drawn from ap- 074°00′42.5″ W (NAD 1983) to the south- proximate position 40°44′37″ N, west corner of Pier 9A, Brooklyn; south ° ′ ″ 073 58 16.5 W (the base of East 35th of a line drawn from East 47th Street, Street, Manhattan), to approximate po- Manhattan through the southern point ° ′ ″ ° ′ ″ sition 40 44 23 N, 073 57 44.5 W (Hunters of Roosevelt Island to 46 Road, Queens; Point, Long Island City), and south of and all waters of Newtown Creek west the Queensboro Bridge. All nautical po- of the Pulaski Bascule Bridge. sitions are based on North American (b) Activation period. This section is Datum of 1983. activated annually from 6:30 p.m. until (6) The security zone will be acti- 11:30 p.m. on July 4th. If the event is vated 30 minutes before the dignitaries’ cancelled due to inclement weather arrival into the zone and remain in ef- then this section is in effect from 6:30 fect until 15 minutes after the dig- p.m. until 11:30 p.m. on July 5th. nitaries’ departure from the zone. (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. sioned, warrant, and petty officers of These personnel comprise commis- the Coast Guard. Upon being hailed by sioned, warrant, and petty officers of a U.S. Coast Guard vessel using siren, the Coast Guard. Upon being hailed by radio, flashing light, or other means, a U.S. Coast Guard vessel by siren, the operator of a vessel shall proceed radio, flashing light, or other means, as directed. the operator of a vessel shall proceed [CGD01–98–006, 64 FR 24948, May 10, 1999, as as directed. amended by CGD01–00–146, 65 FR 47320, Aug. (4) Vessels equal to or greater than 20 2, 2000] meters (65.6 feet) in length, carrying persons for the purpose of viewing the § 165.166 Safety Zone: Macy’s July 4th fireworks, may take position in an area Fireworks, East River, NY. inside the safety zone, at least 200 (a) Regulated area. The following area yards off the bulkhead on the west is a safety zone: All waters of the bank and just off the pierhead faces on

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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 yards south of Ellis Island. [CGD01–00–242, 66 FR 20405, Apr. 23, 2001, as 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. dius of the fireworks barge in approxi- (b) Western Long Island Sound. The mate position 40°30′04″ N 074°15′35″ W following areas are safety zones: (NAD 1983), about 240 yards east of (1) Peningo Neck, Western Long Island Raritan River Cutoff Channel Buoy 2 Sound Safety Zone: All waters of west- (LLNR 36595). ern Long Island Sound within a 300- (5) Coney Island Safety Zone: All wa- yard radius of the fireworks barge in ters of Lower New York Bay within a approximate position 40°56′21″ N 250-yard radius of the fireworks land 073°41′23″ W (NAD 1983), about 525 yards shoot located on the south end of Stee- east of Milton Point, Peningo Neck, plechase Pier, Coney Island, in approxi- New York. mate position 40°34′11″ N 073°59′00″ W (2) Satans Toe, Western Long Island (NAD 1983). Sound Safety Zone: All waters of west- (6) Arthur Kill, Elizabeth, New Jersey ern Long Island Sound within a 360- Safety Zone: All waters of the Arthur yard radius of the fireworks barge in

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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 Sound Safety Zone: All waters of west- 073°44′21.7″ W (NAD 1983), about 540 ern Long Island Sound within a 240- yards north of Umbrella Rock. yard radius of the fireworks barge in (11) Orchard Beach, The Bronx, Safety approximate position 40°54′45″ N Zone: All waters of Long Island Sound 073°44′55″ W (NAD 1983), about 450 yards in an area bound by the following southwest of the entrance to Horseshoe points: 40°51′43.5″ N 073°47′36.3″ W; Harbor. thence to 40°52′12.2″ N 073°47′13.6″ W; (4) Manursing Island, Western Long Is- thence to 40°52′02.5″ N 073°46′47.8″ W; land Sound Safety Zone: All waters of thence to 40°51′32.3″ N 073°47′09.9″ W western Long Island Sound within a (NAD 1983), thence to the point of ori- 360-yard radius of the fireworks barge gin. in approximate position 40°57′47″ N (c) East River. The following areas are 073°40′06″ W (NAD 1983), about 380 yards safety zones: north of Rye Beach Transport Rock (1) Pier 14, East River Safety Zone: All Buoy 2 (LLNR 25570). waters of the East River within a 180- 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. (8) Glen Cove, Hempstead Harbor Safety (d) Hudson River. The following areas Zone: All waters of Hempstead Harbor are safety zones: within a 360-yard radius of the fire- (1) Pier 60, Hudson River Safety Zone: works barge in approximate position All waters of the Hudson River within 40°51′58″ N 073°39′34″ W (NAD 1983), a 360-yard radius of the fireworks barge about 500 yards northeast of Glen Cove in approximate position 40°44′49″ N Breakwater Light 5 (LLNR 27065). 074°01′02″ W (NAD 1983), about 500 yards (9) Bar Beach, Hempstead Harbor Safe- west of Pier 60, Manhattan, New York. ty Zone: All waters of Hempstead Har- (2) The Battery, Hudson River Safety bor within a 180-yard radius of the fire- Zone: All waters of the Hudson River works barge in approximate position and Anchorage Channel within a 360- 40°49′50″ N 073°39′12″ W (NAD 1983), yard radius of the fireworks barge in about 190 yards north of Bar Beach, approximate position 40°42′00″ N Hempstead Harbor, New York. 074°01′17″ W (NAD 1983), about 500 yards

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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. (e) Notification. Coast Guard Activi- (4) Pier 90, Hudson River Safety Zone: ties New York will cause notice of the All waters of the Hudson River within activation of these safety zones to be a 360-yard radius of the fireworks barge made by all appropriate means to ef- in approximate position 40°46′11.8′ N fect the widest publicity among the af- 074°00′14.8″ W (NAD 1983), about 375 fected segments of the public, includ- yards west of Pier 90, Manhattan. ing publication in the local notice to (5) Yonkers, New York, Hudson River mariners, marine information broad- Safety Zone: All waters of the Hudson casts, and facsimile. Fireworks barges River within a 360-yard radius of the used in these locations will also have a fireworks barge in approximate posi- sign on their port and starboard side tion 40°56′14.5″ N 073°54′33″ W (NAD labeled ‘‘FIREWORKS—STAY AWAY’’. 1983), about 475 yards northwest of the This sign will consist of 10″ high by 1.5″ Yonkers Municipal Pier, New York. wide red lettering on a white back- (6) Hastings-on-Hudson, New York, ground. Shore sites used in these loca- Hudson River Safety Zone: All waters of tions will display a sign labeled the Hudson River within a 360-yard ra- ‘‘FIREWORKS—STAY AWAY’’ with dius of the fireworks barge in approxi- the same dimensions. mate position 40°59′44.5″ N 073°53′28″ W (f) Enforcement period. This section (NAD 1983), about 425 yards west of will be enforced from 6 p.m. (e.s.t.) to 1 Hastings-on-Hudson, New York. a.m. (e.s.t.) each day a barge with a (7) Pier D, Hudson River Safety Zone: ‘‘FIREWORKS—STAY AWAY’’ sign on All waters of the Hudson River within the port and starboard side is on-scene a 360-yard radius of the fireworks barge or a ‘‘FIREWORKS—STAY AWAY’’ in approximate position 40°42′57.5″ N sign is posted in a location listed in 074°01′34″ W (NAD 1983), about 375 yards paragraphs (a) through (d) of this sec- southeast of Pier D, Jersey City, New tion. Vessels may enter, remain in, or Jersey. transit through these safety zones dur- (8) Pier 54, Hudson River Safety Zone: ing this time frame if authorized by All waters of the Hudson River within the Captain of the Port New York or a 360-yard radius of the fireworks barge designated Coast Guard patrol per- in approximate position 40°44′31″ N sonnel on scene. 074°01′00″ W (NAD 1983), about 380 yards (g) Regulations. (1) The general regu- west of Pier 54, Manhattan. lations contained in 33 CFR 165.23 (9) Pier 84, Hudson River Safety Zone: apply. All waters of the Hudson River within (2) All persons and vessels shall com- a 360-yard radius of the fireworks barge ply with the instructions of the Coast in approximate position 40°45′56.9″ N Guard Captain of the Port or the des- 074°00′25.4″ W (NAD 1983), about 380 ignated on-scene-patrol personnel. yards west of Pier 84, Manhattan. These personnel comprise commis- (10) Peekskill Bay, Hudson River Safety sioned, warrant, and petty officers of Zone: All waters of Peekskill Bay with- the Coast Guard. Upon being hailed by in a 360-yard radius of the fireworks a U. S. Coast Guard vessel by siren, barge in approximate position 41°17′16″ radio, flashing light, or other means, N 073°56′18″ W (NAD 1983), about 670 the operator of a vessel shall proceed yards north of Travis Point. as directed. (11) Jersey City, Hudson River Safety [CDG01–00–004, 65 FR 43239, July 13, 2000, as Zone: All waters of the Hudson River amended by CGDO1–00–221, 66 FR 16000, Mar. within a 360-yard radius of the fire- 22, 2001; CGD01–03–102, 69 FR 41199, July 8, works barge in approximate position 2004]

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§ 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: vision, facility maintenance or inspec- From the point 40°46′09″ N, 073°59′48.7″ tion, bunker transfer operations, or W on the seawall midway between Pier docking or undocking operations, au- 92 and 94, thence northwest to approxi- thorized in advance by the Facility Se- mate position 40°46′14″ N, 074°00′00.9″ W, curity Plan, Facility Security Officer approximately 125 yards northwest of or designated representative, must not Pier 92, thence southwest to approxi- enter within any part of a zone de- mate position 40°45′56.7″ N, 074°00′15.3″ scribed in paragraph (a)(3) of this sec- W, approximately 150 yards west of tion without the express permission of Pier 86, thence east to the seawall be- the Coast Guard Captain of the Port, a tween Pier 84 and Pier 86 at approxi- designated representative or des- mate position 40°45′49.6″ N, 073°59′58.1″ ignated on-scene patrol personnel. W (NAD 1983), thence northeast along (B) Persons seeking Captain of the the shoreline to the point of origin. Port permission to enter within a par- (ii) Regulations. Vessels not actively ticular zone for official business other engaged in passenger, cargo, provision, than authorized passenger, cargo, pro- facility maintenance or inspection,

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bunker transfer operations, or docking (NAD 1983) thence along the shoreline or undocking operations, authorized in to the point of origin. advance by the Facility Security Plan, (ii) Location: 100-Yard Zone. All wa- Facility Security Officer or designated ters of Bowery and Flushing Bays with- representative, must not enter within in approximately 100 yards of La any part of a zone described in para- Guardia Airport bound by the following graph (a)(6) of this section without the points: Onshore at Steinway, Queens, express permission of the Coast Guard in approximate position 40°46′32.1″ N, Captain of the Port, a designated rep- 073°53′22.4″ W, thence to 40°46′50.6″ N, resentative or designated on-scene pa- 073°53′07.3″ W, thence to 40°46′53.0″ N, trol personnel. Persons seeking Cap- 073°52′50.9″ W, thence to 40°46′57.6″ N, tain of the Port permission to enter 073°52′47.9″ W, thence to 40°47′11.8″ N, within the zone described in paragraph 073°53′17.3″ W, thence to 40°47′13.0″ N, (a)(6) of this section for official busi- 073°53′16.1″ W on Rikers Island, thence ness other than authorized passenger, easterly along the Rikers Island shore- cargo, provision, facility maintenance line to approximate position 40°47′12.9″ or inspection, bunker transfer oper- N, 073°52′17.9″ W, thence to 40°47′16.7″ N, ations or authorized docking or 073°52′09.2″ W, thence to 40°47′36.1″ N, undocking operations may request 073°51′52.5″ W, thence to 40°47′35.1″ N, such authorization by contacting: 073°51′50.5″ W, thence to 40°47′15.9″ N, Commander Coast Guard Sector New 073°52′06.4″ W, thence to 40°47′14.5″ N, York, via the Sector Command Center 073°52′03.1″ W, thence to 40°47′07.9″ N, (SCC), at: 212 Coast Guard Drive, Stat- 073°52′09.2″ W, thence to 40°47′01.4″ N, en Island, NY 10305, or via fax to (718) 073°52′06.1″ W, thence to 40°46′50.0″ N, 354–4125 or by contacting the Sector 073°52′14.6″ W, thence to 40°46′22.2″ N, Command Center Duty Officer by 073°51′16.0″ W, thence to 40°45′57.2″ N, phone at: (718) 354–4353. 073°51′01.8″ W, thence to 40°45′52.4″ N, (7) La Guardia Airport, Bowery and 073°51′00.2″ W, thence to 40°45′50.6″ N, Flushing Bays, Queens, NY. (i) Location: 073°51′07.9″ W, thence to 40°45′58.8″ N, 200-Yard Zone. All waters of Bowery 073°51′13.2″ W, thence to 40°46′04.0″ N, and Flushing Bays within approxi- 073°51′23.3″ W, thence to 40°45′51.2″ N, mately 200 yards of La Guardia Airport 073°51′38.8″ W, (NAD 1983) thence along bound by the following points: Onshore the shoreline to the point of origin. at Steinway, Queens, in approximate (iii) Enforcement period. The zones de- position 40°46′32.1″ N, 073°53′22.4″ W, scribed in paragraph (a)(7) of this sec- thence to 40°46′52.8″ N, 073°53′09.3″ W, tion will be effective at all times. When thence to 40°46′54.8″ N, 073°52′54.2″ W, port security conditions permit, the thence to 40°46′59.3″ N, 073°52′51.3″ W, thence to 40°47′11.8″ N, 073°53′17.3″ W, Captain of the Port will allow vessels thence to 40°47′13.0″ N, 073°53′16.1″ W on to operate within that portion of the Rikers Island, thence easterly along waters described in paragraph (a)(7)(i) the Rikers Island shoreline to approxi- that lies outside of the waters de- mate position 40°47′12.9″ N, 073°52′17.9″ scribed in paragraph (a)(7)(ii). Author- W, thence to 40°47′16.7″ N, 073°52′09.2″ W, ization to enter the waters that lie be- thence to 40°47′36.1″ N, 073°51′52.5″ W, tween the outer boundaries of the thence to 40°47′35.1″ N, 073°51′50.5″ W, zones described in paragraphs (a)(7)(i) thence to 40°47′15.9″ N, 073°52′06.4″ W, and (a)(7)(ii) will be communicated by thence to 40°47′14.5″ N, 073°52′03.1″ W, the Captain of the Port to the public thence to 40°47′10.6″ N, 073°52′06.7″ W, by marine broadcast, or local notice to thence to 40°47′01.9″ N, 073°52′02.4″ W, mariners, or notice posted at http:// thence to 40°46′50.4″ N, 073°52′08.1″ W, homeport.uscg.mil/newyork. thence to 40°46′26.8″ N, 073°51′18.5″ W, (8) John F. Kennedy Airport, Jamaica thence to 40°45′57.2″ N, 073°51′01.8″ W, Bay, Queens, NY. (i) Location: Bergen thence to 40°45′51.2″ N, 073°50′59.6″ W, Basin. All waters of Bergen Basin north thence to 40°45′49.5″ N, 073°51′07.2″ W, of 40°39′26.4″ N. thence to 40°45′58.8″ N, 073°51′13.2″ W, (ii) Location: Thurston Basin. All wa- thence to 40°46′02.3″ N, 073°51′20.1″ W, ters of Thurston Basin north of thence to 40°45′48.4″ N, 073°51′37.0″ W, 40°38′21.2″ N.

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

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(10) Port Newark/Port Elizabeth, New- toxic products listed in 33 CFR 127.005, ark Bay, NJ. All waters of Newark Bay Table 127.005. bound by the following points: (ii) Location. All waters within a 200- 40°41′49.9″ N, 074°07′32.2″ W, thence to yard radius of any LHG Vessel that is 40°41′46.5″ N, 074°07′20.4″ W, thence to underway and all waters within a 100- 40°41′10.7″ N, 074°07′45.9″ W, thence to yard radius of any LHG Vessel that is 40°40′54.3″ N, 074°07′55.7″ W, thence to moored or at anchor. 40°40′36.2″ N, 074°08′03.8″ W, thence to (iii) Enforcement period. The zone de- 40°40′29.1″ N, 074°08′06.3″ W, thence to scribed in paragraph (a)(13) of this sec- 40°40′21.9″ N, 074°08′10.0″ W, thence to tion will be activated upon entry of a 40°39′27.9″ N, 074°08′43.6″ W, thence to LHG Vessel into the navigable waters 40°39′21.5″ N, 074°08′50.1″ W, thence to of the United States (see 33 CFR 2.36(a) 40°39′21.5″ N, 074°09′54.3″ W, (NAD 1983) to include the 12 NM territorial sea) in thence northerly along the shoreline to the New York Captain of the Port Zone the point of origin. (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 ignated representative to enter this 2.36(a) to include the 12 NM territorial zone are authorized to anchor here. sea) in the New York Captain of the (B) Vessels do not need permission Port Zone (33 CFR 3.05–30). This zone from the Captain of the Port to transit will remain activated at all times the area described in paragraph (a)(12) while the cruise ship is within the nav- of this section during periods when igable waters of the United States in that security zone is not being en- the New York Captain of the Port forced. Zone. (13) Liquefied Hazardous Gas (LHG) (15) Designated Vessels—(i) Definition. Vessels—(i) Definitions. For the purposes For the purposes of this section, Des- of this section, LHG Vessel means any ignated Vessels are vessels carrying gov- vessel constructed or converted to ernment officials, dignitaries, or other carry, in bulk, any of the flammable or passengers requiring protection by the

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U.S. Secret Service, or other Federal, yards of the 134th Street Pipeline Me- State or local law enforcement agency; tering and Regulating Station. barges or ships carrying petroleum (ii) Regulations. (A) Vessels not ac- products, chemicals, or other haz- tively engaged in facility maintenance ardous cargo; and passenger vessels (as or inspection operations authorized in defined in 46 U.S.C. 2101(22)), that are advance by the Pipeline Security Offi- authorized to carry more than 400 pas- cer or designated representative, or au- sengers and are less than 200 feet in thorized docking or undocking oper- length. ations, must not enter within any part (ii) Location. All waters within a 100- of a zone described in paragraph (a)(16) yard radius of any Designated Vessel. of this section without the express per- (iii) Enforcement period. The zone de- mission of the Coast Guard Captain of scribed in paragraph (a)(15) of this sec- the Port, a designated representative tion will be activated upon entry of or designated on-scene patrol per- any Designated Vessel into the navi- sonnel. (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. length will be recognizable by their (ii) Regulations. (A) Vessels not ac- being escorted by a federal, state or tively engaged in passenger, cargo, pro- local law enforcement or security ves- vision, facility maintenance or inspec- sel. The law enforcement or security tion, bunker transfer operations, or vessel will be identifiable by flashing docking or undocking operations, au- light, siren, flags, markings and/or thorized in advance by the Facility Se- through other means that clearly iden- curity Plan, Facility Security Officer tify the vessel as engaged in law en- or designated representative, must not forcement or security operations. enter within any part of a zone de- (16) 134th Street Pipeline Metering and scribed in paragraph (a)(17) of this sec- Regulating Station—(i) Location. All wa- tion without the express permission of ters of the Hudson River within 25 the Coast Guard Captain of the Port, a

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designated representative, or des- (NAD 1983); thence along the shoreline ignated on-scene patrol personnel. to the point of beginning. (B) Persons seeking Captain of the (b) Effective period. This section is in Port permission to enter within a par- effect annually from 6 a.m. until 9 a.m. ticular zone for official business other on the first Sunday after July 4th. than authorized passenger, cargo, pro- (c) Regulations. (1) The general regu- vision, facility maintenance or inspec- lations contained in 33 CFR 165.23 tion, bunker transfer operations or au- apply. thorized docking or undocking oper- (2) No vessels will be allowed to tran- ations may request such authorization sit the safety zone without the permis- by contacting: Commander Coast sion of the Captain of the Port, New Guard Sector New York, via the Sector York. Command Center (SCC), at: 212 Coast (3) All persons and vessels shall com- Guard Drive, Staten Island, NY 10305, ply with the instructions of the Coast or via fax to (718) 354–4125 or by con- Guard Captain of the Port or the des- tacting the Sector Command Center ignated on-scene patrol personnel. Duty Officer by phone at: (718) 354–4353. These personnel comprise commis- (C) Vessels entering or departing the sioned, warrant, and petty officers of marina north of the Newport Helistop the Coast Guard. Upon being hailed by are authorized to transit through the a U.S. Coast Guard vessel by siren, safety/security zone around the New- radio, flashing light, or other means, port Helistop during their transit, pro- the operator of a vessel shall proceed vided that helicopters are not taking as directed. off or landing. No loitering or unneces- [CGD01–00–248, 66 FR 29486, May 31, 2001] sary delay is authorized during these transits. § 165.202 [Reserved] (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.T05–0489 Regulated Navigation Coast Guard Captain of the Port, New Area; Herbert C. Bonner Bridge, Or- York. egon Inlet, NC. (2) Persons desiring to transit the (a) Definitions. For the purposes of area of a safety or security zone may this section: contact the Captain of the Port at tele- District Commander means the Com- phone number 718–354–4088 or on VHF mander, Fifth Coast Guard District. channel 14 (156.7 MHz) or VHF channel Designated Representative means any 16 (156.8 MHz) to seek permission to Coast Guard commissioned, warrant, or transit the area. If permission is grant- petty officer who has been authorized ed, all persons and vessels must comply by the Commander, Fifth U.S. Coast with the instructions of the Captain of Guard District to act as a designated the Port or his or her designated rep- representative on his behalf. resentative. (b) Location. The following area is a [CGD01–02–132, 68 FR 2890, Jan. 22, 2003, as regulated navigation area: All waters amended by CGD01–03–036, 69 FR 2670, Jan. 20, of Oregon Inlet, between the fendered 2004; CGD01–03–020, 69 FR 23306, June 15, 2004; spans of the Herbert C. Bonner 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 governing regulated navigation areas found in § 165.13 of this part apply § 165.170 Safety Zone: Triathlon, Ulster to the regulated navigation area de- Landing, Hudson River, NY. scribed in paragraph (b) of this section. (a) Regulated area. The following area (2) All vessels of 100 gross tons and is a safety zone: All waters of the Hud- greater are not permitted to transit son River, in the vicinity of Ulster the regulated area without permission Landing, bound by the following from the District Commander or his points: 42°00′03.7″ N, 073°56′43.1″ W; representative. To seek permission to thence to 41°59′52.5″ N, 073°56′34.2″ W; transit the area, mariners can contact thence to 42°00′15.1″ N, 073°56′25.2″ W; Sector North Carolina at telephone thence to 42°00′05.4″ N, 073°56′41.9″ W number (252) 247–4570.

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(3) Any vessel transiting the regu- (2) Entry into or remaining in this lated area must do so at a no-wake zone is prohibited unless authorized by speed during the effective period. The the Coast Guard COTP, Baltimore, Coast Guard vessels enforcing this sec- Maryland or his designated representa- tion can be contacted on Marine Band tive. Radio, VHF–FM channel 16 (156.8 MHz). (3) Persons desiring to transit the Upon being hailed by a U.S. Coast area of the security zone may contact Guard vessel by siren, radio, flashing the COTP at telephone number 410–576– light or other means, the operator of a 2693 or on VHF channel 16 (156.8 MHz) vessel shall proceed as directed. If per- to seek permission to transit the area. mission is granted, all persons and ves- If permission is granted, all persons sels must comply with the instructions and vessels must comply with the in- of the District Commander or his rep- structions of the COTP or his or her resentative and proceed at the min- designated representative. imum speed necessary to maintain a (d) Authority. In addition to 33 U.S.C. safe course while within the zone. 1231, the authority for this section in- (d) Enforcement. The U.S. Coast cludes 50 U.S.C. 191. Guard may be assisted in the patrol and enforcement of the zone by Fed- [CDG05–03–008, 68 FR 43311, July 22, 2003] eral, State, and local agencies. (e) Enforcement period. This section § 165.501 Chesapeake Bay entrance will be enforced from 8 p.m. on June 22, and Hampton Roads, VA and adja- 2009, through 8 p.m. on July 31, 2009, cent waters—Regulated Navigation Area. unless cancelled earlier by the District Commander or designated representa- (a) Location. The waters enclosed by tive. the shoreline and the following lines are a Regulated Navigation Area: EFFECTIVE DATE NOTE: By USCG–2009–0489, 74 FR 31371, July 1, 2009, temporary § 165.T05– (1) Offshore zone. A line drawn due 0489 was added, effective from 8 p.m. on June East from the mean low water mark at 22, 2009 through 8 p.m. on July 31, 2009. 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. which the safety/security zones will be (2) Inland zone. The waters enclosed enforced by providing notice to mari- by the shoreline and the following ners in accordance with 33 CFR 165.7. lines:

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(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 the western side of the west span of the Thimble Shoal South Auxiliary Channel Campostella Bridge, Norfolk, Virginia. consists of the waters in a rectangular (x) A line drawn across the Lafayette area 450 feet wide adjacent to the south River along the western side of the side of Thimble Shoal Channel, the Hampton Boulevard Bridge, Norfolk, northern boundary of which extends Virginia. from Thimble Shoal Channel Lighted (xi) A line drawn across Little Creek Bell Buoy 1TS, thence to Thimble along the eastern side of the Ocean Shoal Lighted Gong Buoy 17, thence to View Avenue (U.S. Route 60) Bridge, Thimble Shoal Lighted Buoy 19, thence Norfolk, Virginia. to Thimble Shoal Lighted Buoy 21. (xii) A line drawn across Lynnhaven (c) Applicability. This section applies Inlet along the northern side of Shore to all vessels operating within the Reg- Drive (U.S. Route 60) Bridge, Virginia ulated Navigation Area, including Beach, Virginia. naval and public vessels, except vessels (b) Definitions. In this section: that are engaged in the following oper- CBBT means the Chesapeake Bay ations: Bridge Tunnel. (1) Law enforcement. Coast Guard Patrol Commander is a (2) Servicing aids to navigation. Coast Guard commissioned, warrant or (3) Surveying, maintenance, or im- petty officer who has been designated provement of waters in the Regulated by the Commander, Coast Guard Sector Navigation Area. Hampton Roads. (d) Regulations—(1) Anchoring restric- Designated representative of the Cap- tions. No vessel over 65 feet long may tain of the Port means a person, includ- anchor or moor in the inland waters of ing the duty officer at the Coast Guard the Regulated Navigation Area outside

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an anchorage designated in § 110.168 of (B) Have connecting devices that can this title, with these exceptions: receive a shackle pin of at least two (i) The vessel has the permission of inches in diameter. the Captain of the Port. (C) Be fitted with recovery pickup (ii) Only in an emergency, when un- lines led outboard of the vessel’s hull. able to proceed without endangering (4) Thimble Shoals Channel controls. (i) the safety of persons, property, or the A vessel drawing less than 25 feet may environment, may a vessel anchor in a not enter the Thimble Shoal Channel, channel. unless the vessel is crossing the channel. Masters should consider the squat (iii) A vessel may not anchor within of their vessel based upon vessel design the confines of Little Creek Harbor, and environmental conditions. Channel Desert Cove, or Little Creek Cove with- crossings shall be made as perpen- out the permission of the Captain of dicular to the channel axis as possible. the Port. The Captain of the Port shall (ii) Except when crossing the chan- consult with the Commander, Naval nel, a vessel in the Thimble Shoal Amphibious Base Little Creek, before North Auxiliary Channel shall proceed granting permission to anchor within in a westbound direction. this area. (iii) Except when crossing the chan- (2) Anchoring detail requirements. A nel, a vessel in the Thimble Shoal self-propelled vessel over 100 gross South Auxiliary Channel shall proceed tons, which is equipped with an anchor in an eastbound direction. or anchors (other than a tugboat (5) Restrictions on vessels with impaired equipped with bow fenderwork of a maneuverability—(i) Before entry. A ves- type of construction that prevents an sel over 100 gross tons, whose ability to anchor being rigged for quick release), maneuver is impaired by heavy weath- that is underway within two nautical er, defective steering equipment, defec- miles of the CBBT or the I–664 Bridge tive main propulsion machinery, or Tunnel shall station its personnel at other damage, may not enter the Regu- locations on the vessel from which lated Navigation Area without the per- they can anchor the vessel without mission of the Captain of the Port. delay in an emergency. (ii) After entry. A vessel over 100 gross (3) Secondary towing rig requirements tons, which is underway in the Regu- on inland waters. (i) A vessel over 100 lated Navigation Area, that has its gross tons may not be towed in the in- ability to maneuver become impaired land waters of the Regulated Naviga- for any reason, shall, as soon as pos- tion Area unless it is equipped with a sible, report the impairment to the secondary towing rig, in addition to its Captain of the Port. primary towing rig, that: (6) Requirements for navigation charts, (A) Is of sufficient strength for tow- radars, and pilots. No vessel over 100 ing the vessel. gross tons may enter the Regulated 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- § 165.771 Safety Zone; Bahia de Ponce, ficers designated by or assisting the Puerto Rico Captain of the Port St. Petersburg (a) Location. The following area is es- (COTP), in the enforcement of regu- tablished as a safety zone during the lated navigation areas, safety zones, specified conditions: and security zones. (1) A 100 yard radius around any ves- (c) Regulations. In accordance with sel carrying Liquefied Natural Gas the general regulations in § 165.33 of (LNG) cargo while transiting north of this part, entry into, anchoring, moor- Latitude 17°54′00″ N in the waters of the ing, or transiting this zone by persons Caribbean Sea and the Bahia de Ponce, or vessels is prohibited without the on approach to or departure from the prior permission of the Coast Guard Puerto de Ponce waterfront facility in Captain of the Port St. Petersburg or a Bahia de Ponce. designated representative. (2) The waters within 150 feet of any vessel carrying LNG cargo while [USCG–2008–0013, 73 FR 6613, Feb. 5, 2008] moored at the Puerto de Ponce waterfront facility in Bahia de Ponce, be- § 165.770 Security Zone: HOVENSA Re- tween berths 4 and 7 at approximate finery, St. Croix, U.S. Virgin Is- ° ′ ″ ° ′ ″ lands. position 17 58 12 N, 066 37 08 W. (b) Definitions. The following defini- (a) Regulated area. The Coast Guard is tions apply to this section: establishing a security zone in and Designated Representative means around the HOVENSA Refinery on the Coast Guard Patrol Commander includ- south coast of St. Croix, U.S. Virgin Is- ing Coast Guard coxswains, petty offi- lands. This security zone includes all cers and other officers operating Coast waters from surface to bottom, encom- Guard vessels and federal, state, and passed by an imaginary line connecting local officers designated by or assisting the following points: Point 1 in posi- the COTP San Juan in the enforcement tion 17°41′31″ N, 064°45′09″ W; Point 2 in of the safety zone. position 17°39′36″ N, 064°44′12″ W; Point 3 (c) Regulations. In accordance with in position 17°40′00″ N, 064°43′36″ W; the general regulations in § 165.23 of Point 4 in position 17°41′48″ N, 064°44′25″ this part, anchoring, mooring or W; then tracing the shoreline along the transiting in these zones is prohibited water’s edge to the point of origin. unless authorized by the Coast Guard These coordinates are based upon Captain of the Port or a designated North American Datum 1983 (NAD representative. Persons and vessels de- 1983). siring to transit the Regulated Area (b) Regulations. (1) Under § 165.33, may contact the U.S. Coast Guard Cap- entry into or remaining within the reg- tain of the Port San Juan at telephone ulated area in paragraph (a) of this sec- number 787–289–2041 or on VHF channel tion is prohibited unless authorized by 16 (156.9 MHz). the Coast Guard Captain of the Port (d) Enforcement periods. The Coast Guard will notify the maritime com- San Juan or vessels have a scheduled munity of effective periods via a broad- arrival at HOVENSA, Limetree Bay, cast notice to mariners on VHF Marine St. Croix, in accordance with the No- Band Radio, Channel 22A (156.8 MHz). tice of Arrival requirements of 33 CFR part 160, subpart C. [USCG–2007–0075, 73 FR 54951, Sept. 24, 2008] (2) Persons and vessels desiring to transit the Regulated Area may con- § 165.773 Security Zone; Escorted Ves- sels in Captain of the Port Zone tact the U.S. Coast Guard Captain of Jacksonville, Florida. the Port San Juan at telephone number 787–289–2041 or on VHF channel 16 (a) Definitions. The following defini- (156.8 MHz) to seek permission to tran- tions apply to this section: sit the area. If permission is granted, COTP means Captain of the Port all persons and vessels must comply Jacksonville, FL. Designated representatives means with the instructions of the Captain of Coast Guard Patrol Commanders in- the Port. cluding Coast Guard coxswains, petty [USCG–2008–0284, 73 FR 27746, May 14, 2008] officers and other officers operating

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Coast Guard vessels or aircraft, and (d) Regulations. (1) The general regu- federal, state, and local officers des- lations for security zones contained in ignated by or assisting the COTP, in § 165.33 of this part applies to this sec- the enforcement 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 or a designated rep- fined in 33 CFR 165.2015, that is accom- resentative to enter the security zone panied by one or more Coast Guard as- described in paragraph (c) of this sec- sets or other Federal, State, or local tion. If permitted to enter the security law enforcement agency assets clearly zone, a vessel must proceed at the min- identifiable by lights, vessel markings, imum safe speed and must comply with or with agency insignia as follows: the orders of the COTP or a designated (1) Coast Guard surface or air asset representative. No vessel or person displaying the Coast Guard insignia. may enter the inner 100-yard portion of (2) State and/or local law enforce- the security zone closest to the vessel. ment asset displaying the applicable (e) Notice of security zone. The COTP agency markings and/or equipment as- will inform the public of the existence sociated with the agency. or status of the security zones around (3) When escorted vessels are moored, escorted vessels in the regulated area dayboards or other visual indications by Broadcast Notice to Mariners. Coast such as lights or buoys may be used. In Guard assets or other Federal, State or all cases, broadcast notice to mariners local law enforcement agency assets will be issued to advise mariners of will be clearly identified by lights, ves- these restrictions. sel markings, or with agency insignia. Minimum safe speed means the speed When escorted vessels are moored, at which a vessel proceeds when it is dayboards or other visual indications fully off plane, completely settled in such as lights or buoys may be used. the water and not creating excessive (f) Contact information. The COTP wake. Due to the different speeds at Jacksonville may be reached via phone which vessels of different sizes and con- at (904) 564–7513. Any on scene Coast figurations may travel while in compli- Guard or designated representative as- ance with this definition, no specific sets may be reached via VHF–FM chan- speed is assigned to minimum safe nel 16. speed. In no instance should minimum [USCG–2008–0203, 73 FR 28710, May 19, 2008] safe speed be interpreted as a speed less than that required for a particular ves- § 165.775 Safety Zone; Captain of the sel to maintain steerageway. A vessel Port Zone Jacksonville; Offshore is not proceeding at minimum safe Cape Canaveral, Florida. speed if it is: (a) Regulated area. (1) Zone (A) is de- (1) On a plane; fined by four latitude and longitude (2) In the process of coming up onto corner points. Zone A originates from or coming off a plane; or the baseline at position 28°45.7′ N, (3) Creating an excessive wake. 080°42.7′ W; then proceeds northeast to (b) Regulated area. All navigable wa- 28°50.1′ N, 080°29.9′ W; then proceeds ters, as defined within Captain of the southeast to 28°31.3′ N, 080°19.6′ W; then Port Zone, Jacksonville, Florida as de- proceeds west back to the baseline at fined in 33 CFR 3.35–20. position 28°31.3′ N, 080°33.4′ W. (c) Security zone. A 500-yard security (2) Zone (B) is defined by four lati- zone is established around each es- tude and longitude corner points. Zone corted vessel within the regulated area B originates from the baseline at posi- described in paragraph (b) of this section 28°40.1′ N, 080°38.4′ W; then pro- tion. This is a moving security zone ceeds northeast to 28°48.8′ N, 080°28.9′ W; when the escorted vessel is in transit then proceeds southeast to 28°29.7′ N, and becomes a fixed zone when the es- 080°18.9′ W; then proceeds west back to corted vessel is anchored or moored. A the baseline at position 28°29.7′ N, security zone will not extend beyond 080°31.6′ W. the boundary of the regulated area in (3) Zone (C) is defined by four lati- this section. tude and longitude corner points. Zone

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C originates from the baseline at positive assets may be reached on VHF–FM tion 28°36.2′ N, 080°35.3′ W; then pro- channel 16. ° ′ ° ′ ceeds northeast to 28 45.6 N, 080 25.2 W; [USCG–2008–0411, 74 FR 14728, Apr. 1, 2009] then proceeds south to 28°26′ N, 080°20.8′ W; then proceeds west back to the § 165.776 Security Zone; Coast Guard baseline at position 28°26′ N, 080°34.4′ W. Base San Juan, San Juan Harbor, (4) Zone (D) is defined by four lati- Puerto Rico tude and longitude corner points. Zone (a) Location. The following area is a D originates from the baseline at posi- security zone: All waters from surface tion 28°31.6′ N, 080°34′ W; then proceeds to bottom, encompassed by an imagi- east to 28°31.6′ N, 080°20.1′ W; then pro- nary line connecting the following ceeds south to 28°16.7′ N, 080°23.3′ W; points, beginning at 18°27′39″ N, then proceeds northwest back to the 066°06′56″ W; then east to Point 2 at ° ′ ″ ° ′ ″ baseline at position 28°21.6′ N, 080°36.1′ 18 27 39 N, 066 06 52 W; then south to ° ′ ″ ° ′ ″ W. Point 3 at 18 27 35 N, 066 06 52 W; then southwest to Point 4 at 18°27′30″ N, (b) Definitions. The following defini- 066°06′59″ W; then northeast to Point 5 tions apply to this section: at 18°27′25″ N, 066°07′07″ W; then north to Designated representative means Coast Point 6 at 18°27′46″ N, 066°07′10″ W; then Guard Patrol Commanders including back to shore at the northwest end of Coast Guard coxswains, petty officers the CG facility at Point 7 at 18°27′46″ N, and other officers operating Coast 066°07′07″ W. These coordinates are Guard vessels, and federal, state, and based upon North American Datum local officers designated by or assisting 1983. the Captain of the Port (COTP) Jack- (b) Definitions. As used in this sec- sonville in the enforcement of regu- tion— lated navigation areas, safety zones, Vessel means every description of and security zones. watercraft or other artificial contriv- (c) Regulations. In accordance with ance used, or capable of being used, as the general regulations in § 165.23 of a means of transportation on water, ex- this part, anchoring, mooring or cept U.S. Coast Guard or U.S. naval transiting in this zone is prohibited un- vessels. less authorized by the Coast Guard (c) Regulations. (1) No person or vessel Captain of the Port Jacksonville or his may enter into the security zone de- designated representative. scribed in paragraph (a) of this section unless authorized by the Captain of the (d) Notice of a Safety Zone. The pro- Port San Juan. posed safety zones are temporary in na- (2) Vessels seeking to enter the secu- ture and will only be enacted and en- rity zone established in this section forced prior to, and just after a suc- may contact the COTP on VHF channel cessful launch. The COTP will inform 16 or by telephone at (787) 289–2041 to the public of the existence or status of request permission. the safety zone(s) by Broadcast Notice to Mariners on VHF–FM channel 16, [USCG–2008–0440, 74 FR 9769, Mar. 6, 2009] Public Notice, on-scene presence, and § 165.777 Security Zone; West Basin, by the display of a yellow ball from a Port Canaveral Harbor, Cape Ca- 90-foot pole near the shoreline at ap- naveral, Florida. ° ′ ″ ° ′ ″ proximately 28 35 00 N, 080 34 36 W, (a) Regulated area. The following area and from a 90-foot pole near the shore- is a security zone: All waters of the line at approximately 28°25′18″ N, West Basin of Port Canaveral Harbor 080°35′00″ W. Coast Guard assets or northwest of an imaginary line be- other Federal, State, or local law en- tween two points: 28°24′57.88″ N, forcement assets will be clearly identi- 080°37′25.69″ W to 28°24′37.48″ N, fied by lights, markings, or with agen- 080°37′34.03″ W. cy insignia. (b) Requirement. (1) This security zone (e) Contact information. The COTP will be activated 4 hours prior to the Jacksonville may be reached by tele- scheduled arrival of a cruise ship at the phone at (904) 564–7513. Any on-scene West Basin of Port Canaveral Harbor Coast Guard or designated representa- during MARSEC Levels 2 and 3 or when

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the COTP determines there is a speci- § 165.778 Security Zone; Port of Maya- fied credible threat during MARSEC guez, Puerto Rico. Level 1. This security zone will not be (a) Security zone. A moving and fixed deactivated until the departure of all security zone is established around all cruise ships from the West Basin. The cruise ships entering, departing, moor- zone is subject to enforcement when it ing, or anchoring in the Port of Maya- is activated. guez, Puerto Rico. The regulated area (2) Under general security zone regu- includes all waters from surface to bot- lations of 33 CFR 165.33, no vessel or tom within a 50-yard radius of the ves- person may enter or navigate within sel. The zone is activated when a cruise the regulated area unless specifically ship on approach to the Port of Maya- authorized by the COTP or the COTP’s guez enters within 1 nautical mile of designated representative. Any person or vessel authorized to enter the secu- the Bahia de Mayaguez Range Front ° ′ ″ rity zone must operate in strict con- Light located in position 18 13 12 N ° ′ ″ formance with any direction given by 067 10 46 W. The zone is deactivated the COTP or a designated representa- when a cruise ship departs the Port of tive and leave the security zone imme- Mayaguez and is no longer within 1 diately if so ordered. nautical mile of the Bahia de Maya- (3) The public will be notified when guez Range Front Light. the security zone is activated by the (b) Definitions. As used in this sec- display of a red ball on a 50-foot pole tion: located at the east end of Cruise Ship Cruise ship means any vessel over 100 terminal 10. This red ball will be low- gross registered tons, carrying more ered when the security zone is deacti- than 12 passengers for hire. vated. To ensure boaters are given suf- Designated representative means Coast ficient knowledge of the security zone, Guard Patrol Commanders including the Coast Guard will continuously Coast Guard coxswains, petty officers broadcast the activations of the zone and other officers operating Coast and law enforcement vessels will be on Guard vessels and Federal, State, and scene to inform boaters that the zone local officers designated by or assisting has been activated. Vessels encroach- the Captain of the Port San Juan in ing on the security zone will be issued the enforcement of the security zone. a Public Notice which clearly states Vessel means every description of the location of the security zone and watercraft or other artificial contriv- the times it will be enforced. This will ance used, or capable of being used, as be the boater’s first warning prior to a means of transportation on water, ex- enforcement action being taken. cept U.S. Coast Guard or U.S. Naval (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 [USCG–2008–0752, 74 FR 15856, Apr. 8, 2009] of the U.S. Coast Guard.

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(d) Effective period. This section is ef- § 165.T08–290 Safety Zone; Gulf of Mex- fective on April 29, 2009. ico—Johns Pass, Florida. [USCG–2008–0070, 74 FR 14049, Mar. 30, 2009] (a) Regulated area. The Coast Guard is establishing a temporary safety zone EIGHTH COAST GUARD DISTRICT on the waters of the Gulf of Mexico, Florida, in the vicinity of the John’s § 165.T08–0016 Safety Zone; Allegheny Pass Bridge, that includes all the wa- River Mile Marker 0.4 to Mile Mark- ters from surface to bottom, within a er 0.6, Pittsburgh, PA. 100-yard radius of the following coordi- ° ′ ″ ° ′ ″ (a) Location. The following area is a nates: 27 46 58 N, 082 46 57 W. All co- Safety Zone: the waters of the Alle- ordinates referenced use datum: NAD 83. gheny River from mile marker 0.4 to (b) Definitions. The following defini- mile marker 0.6, extending the entire tion applies to this section: width of the river. Designated representative means Coast (b) Effective date. This rule is effec- Guard Patrol Commanders including tive from 8:30 p.m. on May 2, 2009 until Coast Guard coxswains, petty officers 11:30 p.m. on September 26, 2009. and other officers operating Coast (c) Periods of enforcement. This rule Guard vessels, and federal, state, and will only be enforced from 8:30 p.m. local officers designated by or assisting until 11:30 p.m. on days in which fire- the Captain of the Port (COTP) St. Pe- works are scheduled to follow a Pitts- tersburg, Florida, in the enforcement burgh Pirates baseball game. These of regulated navigation areas and safe- dates are: May 2, May 30, June 27, July ty and security zones. 18, August 8, September 5, and Sep- (c) Regulations. In accordance with tember 26, 2009. The Captain of the the general regulations in § 165.23 of Port Pittsburgh or a designated rep- this part, no person or vessel may an- resentative will inform the public chor, moor or transit the Regulated through broadcast notices to mariners Area without the prior permission of of the enforcement period for the safe- the Captain of the Port St. Petersburg, Florida, or a designated representative. ty zone as well as any changes in the (d) Dates. This rule is effective until planned schedule. the bridge construction is completed (d) Regulations. (1) In accordance with tentatively scheduled for July 2010. the general regulations in § 165.23 of (e) Enforcement. This regulated area this part, entry into this zone is pro- will only be enforced while construc- hibited unless authorized by the Cap- tion operations are taking place. The tain of the Port Pittsburgh. Coast Guard does not know the exact (2) Persons or vessels requiring entry dates of the construction operations at into or passage through a safety zone this time, however Sector St. Peters- must request permission from the Cap- burg will announce each enforcement tain of the Port Pittsburgh or a des- period by publishing the restriction in ignated representative. They may be the local notice to mariners and contacted on VHF–FM Channel 13 or 16, issuing Broadcast Notice to Mariners or through Coast Guard Sector Ohio 24 to 48 hours prior to the start of en- Valley at 1–800–253–7465. forcement. Additionally, on-scene no- (3) All persons and vessels shall com- tice will be provided by Coast Guard or ply with the instructions of the Cap- other local law enforcement maritime tain of the Port Pittsburgh and des- units enforcing the safety zone. ignated on-scene U.S. Coast Guard pa- EFFECTIVE DATE NOTE: By USCG–2008–0290, trol personnel. On-scene U.S. Coast 73 FR 51942, Sept. 8, 2008, temporary § 165.T08– Guard patrol personnel includes Com- 290 was added, effective Aug. 29, 2008 through Aug. 30, 2010. missioned, Warrant, and Petty Officers of the U.S. Coast Guard. § 165.802 Lower Mississippi River, vicinity of Old River Control Struc- EFFECTIVE DATE NOTE: By USCG–2009–0016, ture—Safety Zone. 74 FR 20587, May 5, 2009, temporary § 165.T08– 0016 was added, effective from 8:30 p.m. on (a) The area enclosed by the fol- May 2, 2009 until 11:30 p.m. on Sept. 26, 2009. lowing boundary is a safety zone—from

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the Black Hawk Point Light, mile 316.1 (1) The COTP may, upon written re- AHP LMR to a point opposite Ft. quest, except as allowed in paragraph Adams Light, mile 311.5 AHP along the (3) of this subsection, waive any regula- low water reference plane above the tion in this section if it is found that right descending bank; thence to the the proposed operation can be con- levee on a line perpendicular to the ducted safely under the terms of that channel centerline; thence along the waiver. levee to the upstream end of the Old (2) Each written request for a waiver River Overbank structure; thence must state the need for the waiver and along a line to the Black Hawk Point describe the proposed operation. Light. (3) Under unusual circumstances due (b) Any vessel desiring to enter this to time constraints, the person in safety zone must first obtain permis- charge may orally request an imme- sion from the Captain of the Port, New diate waiver from the COTP. The writ- Orleans. The resident engineer at Old ten request for a waiver must be sub- River Control Structure (WUG–424) is mitted within five working days after delegated the authority to permit the oral request. entry into this safety zone. (4) The COTP may, at any time, ter- [CGD8–87–10, 53 FR 15207, Apr. 28, 1988, as minate any waiver issued under this amended by CGD8 89–03, 54 FR 16108, Apr. 21, subsection. 1989] (c) Emergencies. In an emergency, a person may depart from any regulation § 165.803 Mississippi River—regulated in this section to the extent necessary navigation area. to avoid immediate danger to persons, The following is a Regulated Naviga- property or the environment. tion Area—The waters of the Mis- (d) Mooring: General. sissippi River between miles 88 and 240 (1) No person may secure a barge to above Head of Passes. trees or to other vegetation. (a) Definitions. As used in this sec- (2) No person may allow a barge to be tion: moored with unraveled or frayed lines (1) Breakaway means a barge that is or other defective or worn mooring. adrift and is not under the control of a (3) No person may moor barges side towing vessel. to side unless they are secured to each (2) COTP means the Captain of the other from fittings as close to each cor- Port, New Orleans. ner of abutting sides as practicable. (3) Fleet includes one or more tiers. (4) No person may moor barges end to (4) Fleeting facility means the geo- end unless they are secured to each graphic area along or near a river bank other from fittings as close to each cor- at which a barge mooring service, ei- ner of abutting ends as practicable. ther for hire or not for hire, is estab- (e) Mooring to a mooring device. (1) A lished. barge may be moored to mooring de- (5) Mooring barge or spar barge means vices if the upstream end of that barge a barge moored to mooring devices and is secured to at least one mooring de- to which other barges may be moored. vice and the downstream end is secured (6) Mooring device includes a to at least one other mooring device, deadman, anchor, pile or other reliable except that from mile 127 to mile 240 a holding apparatus. barge may be moored to mooring de- (7) Person in charge includes any vices if the upstream end of that barge owner, agent, pilot, master, officer, op- is secured to at least one mooring de- erator, crewmember, supervisor, dis- vice. patcher or other person navigating, (2) Barges moored in tiers may be controlling, directing or otherwise re- shifted to mooring devices if the shore- sponsible for the movement, action, se- ward barge at the upstream end of the curing, or security of any vessel, barge, tier is secured to at least one mooring tier, fleet or fleeting facility subject to device, and the shoreward barge at the the regulations in this section. downstream end of the tier is secured (8) Tier means barges moored inter- to at least one other mooring device, dependently in rows or groups. except that from mile 127 to mile 240 (b) Waivers: barges moored in tiers may be shifted

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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 upstream end of a barge and a mooring (ii) After a towboat adds barges to, device must be at least equivalent in withdraws barges from, or moves 1 strength to 1 ⁄4 inch diameter wire barges at a fleeting facility, each rope. mooring wire, line, and connecting (4) Each wire rope used between the equipment of each barge within each downstream end of a barge and a moor- tier affected by that operation. ing device must have at least a diame- (3) The person who inspects moorings ter of 7⁄8 inch. Chain or line used between the downstream end of a barge shall take immediate action to correct and a mooring device must be of at each deficiency. (i) Fleeting facility: Records. The least equivalent strength of 7⁄8 inch diameter wire rope. person in charge of a fleeting facility (f) Moorings: Barge-to-barge; barge- shall maintain, and make available to to-vessel; barge-to-wharf or pier. The the Coast Guard, records containing person in charge shall ensure that a the following information: barge moored to another barge, a (1) The time of commencement and mooring or spar barge, a vessel, a termination of each inspection re- wharf, or a pier, is secured as near as quired in paragraph (h)(2) of this sec- practicable to each abutting corner of tion. the barge being moored by: (2) The name of each person who (1) Three parts of wire rope of at makes the inspection required in para- least 7⁄8 inch diameter with an eye at graph (h)(2) of this section. each end of the rope passed around the (3) The identification of each barge timberhead, caval, or button; entering and departing the fleeting fa- (2) A mooring of natural or synthetic cility, along with the following infor- fiber rope that has at least 75 percent mation: of the breaking strength of three parts (i) Date and time of entry and depar- of 7⁄8 inch diameter wire rope; or ture; and (3) Fixed rigging that is at least (ii) The names of any hazardous equivalent to three parts of 7⁄8 inch diameter wire rope. cargo which the barge is carrying. (g) Mooring: Person in charge. NOTE: The requirements in paragraph (i)(3) (1) The person in charge of a barge, of this section for the listing of hazardous cargo refer to cargoes regulated by Sub- tier, fleet or fleeting facility shall en- chapters D and O of Chapter I, Title 46, Code sure that the barge, tier, fleet or fleet- of Federal Regulations. ing facility meets the requirements in (j) Fleeting facility: Surveillance. paragraphs (d) and (e) of this section. (1) The person in charge of a fleeting (2) The person in charge shall ensure facility shall assign a person to be in that all mooring devices, wires, chains, continuous surveillance and to observe lines and connecting gear are of suffi- the barges in the fleeting facility. cient strength and in sufficient number to withstand forces that may be ex- Joint use of this person by adjacent fa- erted on them by moored barges. cilities may be considered upon (h) Fleeting facility: inspection of submisssion of a detailed proposal for a moorings. waiver to the COTP. (1) The person in charge of a fleeting (2) The person who observes the facility shall assign a person to inspect barges shall: moorings in accordance with the re- (i) Inspect for movements that are quirements in paragraph (h)(2) of this unusual for properly secured barges; section. and (2) The person assigned to inspect (ii) Take immediate action to correct moorings shall inspect: each deficiency.

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(k) Fleeting facility: person in (iv) The person in charge of each charge. The person in charge of a fleet- towboat required in paragraphs ing facility shall ensure that each defi- (m)(2)(i) and (2)(ii) of this section shall ciency found under the requirements of maintain: paragraph (h) or (j) of this section is (A) A continuous guard on the fre- corrected. quency specified by current Federal (l) Securing breakaways. The person Communications Commission regula- in charge shall take immediate action tions found in Part 83 of Title 47, Code to: of Federal Regulations; and (1) Secure each breakaway; and (B) When moored, a continuous (2) Report each breakaway as soon as watch on the barges in the fleeting fa- possible to the COTP by telephone, cility. radio or other means of rapid commu- (v) During periods when visibility is nication. less than 200 yards, the person in (m) High water. charge of each towboat required in (1) This subsection applies to barges paragraph (m)(2)(i) of this subsection on the Mississippi River between miles shall maintain, when moored, a contin- 88 and 240 above Head of Passes when: (i) The Carrollton gage stands 12 feet uous radar surveillance of the barges or more; or moored in the fleeting facility. (ii) The Carrollton gage stands 10 (3) During high water when visibility feet, the U.S. Army Corps of Engineers is reduced to less than 200 yards: forecasts the Mississippi River is rising (i) Tows may not be assembled or dis- to 12 feet, and the District Commander assembled; determines these circumstances to be (ii) No barge may be added to, with- especially hazardous and issues orders drawn from or moved within a fleet ex- directing that paragraphs (m)(2) and (3) cept: of this section are in effect. (A) A single barge may be added to or (2) During high water, the person in withdrawn from the channelward or charge of a fleeting facility shall en- downstream end of the fleet; and sure compliance with the following re- (B) Barges made up in a tow may de- quirements: part a fleet from the channelward or (i) Each fleet consisting of eight or downstream end of the fleet; and more barges must be attended by at (iii) No person in charge of a tow ar- last one radar-equipped towboat for riving in this regulated navigation area each 100 barges or less. Joint use of may moor unless the COTP is notified this towboat by adjacent facilities may prior to arrival in the regulated navi- be considered upon submission of a de- gation area. tailed proposal for a waiver. (ii) Each fleet must have two or more [CGD 79–034, 47 FR 29660, July 8, 1982, as towboats in attendance when: amended by CGD 82–020, 47 FR 35483, Aug. 16, (A) Barges are withdrawn from or 1982; CGD 79–026, 48 FR 35408, Aug. 4, 1983; moved within the fleet and the fleet at CGD 88–075, 54 FR 14958, Apr. 14, 1989; CGD08– the start of the operation contains 94–006, 59 FR 21935, Apr. 28, 1994; CGD08–94– 006, 60 FR 37944, July 25, 1995] eight or more barges; or (B) Barges are added to the fleet and § 165.804 Snake Island, Texas City, the number of barges being added plus Texas; mooring and fleeting of ves- the fleet at the start of the operation sels—safety zone. total eight or more. (iii) Each towboat required in para- (a) The following is a safety zone: graphs (m)(2)(i) and (2)(ii) of this sec- (1) The west and northwest shores of tion must be: Snake Island; (A) Capable of safely withdrawing, (2) The Turning Basin west of Snake moving or adding each barge in the Island; fleet; (3) The area of Texas City Channel (B) Immediately operational; from the north end of the Turning (C) Radio-equipped; Basin to a line drawn 000° true from the (D) Within 500 yards of the barges; northwesternmost point of Snake Is- and land.

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(b) Special regulations. All vessels of the ship channel. Meeting, crossing, are prohibited from mooring, anchor- or overtaking situations are not per- ing, or otherwise stopping in the safety mitted within the safety zone unless zone, except in case of an emergency. specifically authorized by the USCG (c) Barges are prohibited from fleet- Captain of the Port. ing or grounding in the zone. (c) Notice of transiting LNG vessels (d) In an emergency, vessels shall ad- will be provided by Broadcast and/or vise the Captain of the Port, Houston- Local Notice to Mariners. Galveston, of the nature of the emergency via the most rapid means avail- [CGD 82–10, 47 FR 41957, Sept. 23, 1982, as able. amended by CGD8 82–10, 50 FR 31592, Aug. 5, 1985; COTP Port Arthur, TX Reg. 90–03, 56 FR [CGD 79–034, 47 FR 29660, July 8, 1982, as 66599, Dec. 24, 1991; USCG–1998–3799, 63 FR amended by USCG–2000–7223, 65 FR 40058, 35533, June 30, 1998] June 29, 2000] § 165.806 Sabine Neches Waterway, § 165.805 Calcasieu Channel and In- Texas—regulated navigation area. dustrial Canal, Calcasieu River, Lake Charles, LA. (a) The following is a regulated navi- (a) The waters and waterfront facil- gation area—The Sabine Neches Water- ity located within the area described way which includes the following wa- by the following boundaries constitutes ters: Sabine Pass Channel, Port Arthur a safety zone: Canal, Sabine Neches Canal, Neches (1) When a Liquefied Natural Gas River, Sabine River and all navigable (LNG) vessel is moored at Trunkline waterways tributary thereto. LNG facility: Beginning at the west (b) Unless otherwise authorized by side property line at position 30°06′38″ the Captain of the Port, Port Arthur, N., 93°17′34″ W., a line extending in an Texas, tows on a hawser of 1000 gross eastward direction and 50 feet from tons or greater transiting the Sabine- shore to a point 50 feet west of mooring Neches Waterway are prohibited unless dolphin #1; then due south to a line such tows have a tug of sufficient running in an eastward direction and 50 horsepower made up to the tow in such feet south of the moored LNG vessel to a manner as to insure that complete a line running due north to a point 50 and effective control is maintained feet east of mooring dolphin #13; and throughout the transit. Inbound vessels then a line extending in an eastward only, may shift the tow or pick up an direction and 50 feet from shore to the additional tug within 100 yards inside end of the turning basin. the entrance jetties provided that such (2) When an LNG vessel is not moored action is necessary for reasons of pru- at the Trunkline LNG facility: Begin- dent seamanship. ning at the west side property line at position 30°06′38″ N., 93°17′34″ W., a line [CGD8–83–09, 49 FR 35500, Sept. 10, 1984] extending in an eastward direction and § 165.807 Calcasieu River, Louisiana— 50 feet from shore to a point 50 feet regulated navigation area. west of mooring dolphin #1; then a continuous uniform line extending 50 feet (a) The following is a regulated navi- outside of all facility docks and struc- gation area—The Calcasieu River from tures to a point 50 feet east of mooring the Calcasieu jetties up to and includ- dolphin #13; and then a line extending ing the Port of Lake Charles. in an eastward direction and 50 feet (b) Unless otherwise authorized by from shore to the end of the turning the Captain of the Port, Port Arthur, basin. Texas, tows on a hawser of 1000 gross (b) The waters within the following tons or greater transiting the boundaries are a safety zone while a Calcasieu River are prohibited unless non-gas free LNG vessel is transiting such tows have a tug of sufficient within the Calcasieu River ship chan- horsepower made up to the tow in such nel and between buoy ‘‘CC’’ and the a manner as to insure that complete Trunkline LNG facility: The area 2 and effective control is maintained at miles ahead, 1 mile astern, and to ei- all times. Inbound vessels only, may ther side of an LNG vessel to the width 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, NOTE: To provide advance information to floods, or other emergencies, the Dis- 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 sels shall not proceed farther up the shall be strictly observed. river than a line connecting the upper (3) Towing. Towing in any formation end of Atlantic Street Discharge Light by a vessel with insufficient power to (on right descending bank) with the permit ready maneuverability and safe lower end of Desire Street Wharf (on handling is prohibited. left descending bank) when a red light (c) Movement of vessels in vicinity of is displayed. Vessels waiting for a Algiers Point, New Orleans Harbor: change of signal shall keep clear of de- (1) Control lights. When the Mis- scending vessels. sissippi River reaches 8 feet on the (3) Descending vessels. (i) Descending Carrollton Gage on a rising stage, and vessels shall not proceed farther down until the gage reads 9 feet on a falling the river than a line connecting the stage, the movement of all tugs with lower end of Julia Street Wharf (on left tows and all ships, whether under their descending bank) with the vertical own power or in tow, but excluding flagpole at Eastern Associated Termi- tugs or towboats without tows or river nals (on right descending bank) when a craft of comparable size and maneuver- red light is displayed. Vessels shall ability operating under their own round to and be headed upstream be- power, in the vicinity of Algiers Point fore they reach that line, if the signal shall be governed by red and green remains against the vessel. Vessels lights designated and located as fol- waiting for a change of signal shall lows: Governor Nicholls Light located keep clear of ascending vessels. on the left descending bank on the (ii) Vessels destined to a wharf above wharf shed at the upstream end of Es- the lower end of Julia Street Wharf planade Avenue Wharf, New Orleans, shall signal the Gretna towerman three approximately 94.3 miles above Head of 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 consist of more than one towed vessel towers will be published in navigation bul- other than small craft, and during day- letins in advance of each operating period. light hours no tow shall consist of (4) Minor changes. The District Com- more than two towed vessels other mander is authorized to waive oper- than small craft. Tows may be in any ation or suspension of the lights when- formation. When towing on a hawser, ever prospective river stages make it the hawser shall be as short as prac- appear that the operation or suspen- ticable to provide full control at all sion will be required for only a brief pe- times. riod of time or when river stages will (6) When towing in Southwest Pass rise or fall below the critical stage during periods of darkness no tow shall which is established for operation or consist of more than two towed vessels suspension by only a few tenths on the other than small craft, and during day- Carrollton Gage. light hours no tow shall consist of (5) Underpowered vessels. When the more than three towed vessels other Carrollton Gage reads 12 feet or higher, than small craft. any vessel which is considered by the (e) Watch requirements for anchored master or pilot as being underpowered and moored passenger vessels. or a poor handler shall not navigate 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 (5) When navigating South Pass dur- ensure that the vessel is in compliance ing periods of darkness no tow shall with 33 CFR part 164.

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(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 Bay, LA-regulated navigation area. must provide name, destination, confirm 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 andotte Chemical Dock Lights, de- (2) through the navigational opening scending vessels shall contact VTC of the U.S. 90 Highway Bridge: or

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(3) through the navigational opening Southwest Pass Entrance Lighted of the Highway 182 Bridge. Buoy ‘‘SW’’, at approximate position (d) Towing requirements. (1) Towing on 28°52′42″ N, 89°25′54″ W [NAD 83] and a hawser is not authorized, except that Lower Mississippi River mile marker one self-propelled vessel may tow one 96.0 in New Orleans, Louisiana. These other vessel without barges upbound; moving security zones encompass all (2) A towing vessel and barges must waters within 500 yards of a cruise ship. be arranged in tandem, except that one These zones remain in effect during the vessel may tow one other vessel along- entire transit of the vessel and con- side; tinue while the cruise ship is moored or (3) Length of tow must not exceed anchored. 1,180 feet; and (b) Regulations. (1) Entry of persons (4) Tows with a box end in the lead and vessels into these zones is prohib- must not exceed 400 feet in length. ited unless authorized as follows. NOTE: The variation in the draft and the (i) Vessels may enter within 500 yards beam of the barges in a multi-barge tow should be minimized in order to avoid unnec- but not closer than 100 feet of a cruise essary strain on coupling wires. ship provided they operate at the min- (e) Horsepower Requirement. (1) The imum speed necessary to maintain a following requirements apply to a tow- safe course. ing vessel of 3,000 hp or less: (ii) No person or vessel may enter within 100 feet of a cruise ship unless TABLE 165.811(e)—MINIMUM AVAILABLE expressly authorized by the Coast HORSEPOWER REQUIREMENT Guard Captain of the Port New Orleans [The greater value listed.] or his designated representative.

Daytime (sunrise Nighttime (sunset (iii) Moored vessels or vessels an- Direction of tow to sunset) to sunrise) chored in a designated anchorage area are permitted to remain within 100 feet Upbound ...... 400hp or (Length 600hp or (Length of tow—300ft) × of tow—200ft) × of a cruise ship while it is in transit. 3. 3. (2) Vessels requiring entry within 500 Downbound ...... 600hp or (Length 600hp or (Length yards of a cruise ship that cannot slow of tow—200ft) × of tow) × 3. 3. to the minimum speed necessary to maintain a safe course must request NOTE: A 5% variance from the available horsepower is authorized. express permission to proceed from the Captain of the Port New Orleans or his (2) All tows carrying cargoes of par- designated representative. ticular hazard as defined in § 160.203 of this chapter must have available horse- (3) For the purpose of this rule the power of at least 600 hp or three times term ‘‘cruise ship’’ is defined as a pas- the length of tow, whichever is greater. senger vessel over 100 gross tons, car- (f) Notice of Requirements. Notice that rying more than 12 passengers for hire, these rules are anticipated to be put making a voyage lasting more than 24 into effect, or are in effect, will be hours, any part of which is on the high given by: seas, and for which passengers are em- (1) Marine information broadcasts; barked or disembarked in the United (2) Notices to mariners; States or its territories. (3) Vessel Traffic Center advisories or (4) The Captain of the Port New Orle- upon vessel information request; and ans will inform the public of the moving security zones around cruise ships [CGD 90–020, 59 FR 36334, July 15, 1994, as via Marine Safety Information Broad- amended by CGD 95–033, 60 FR 28333, May 31, casts. 1995; CGD08–06–023, 72 FR 27741, May 17, 2007] (5) To request permission as required § 165.812 Security Zones; Lower Mis- by these regulations contact ‘‘New Or- sissippi River, Southwest Pass Sea leans Traffic’’ via VHF Channels 13/67 Buoy to Mile Marker 96.0, New Or- or via phone at (504) 589–2780 or (504) leans, LA. 589–6261. (a) Location. Within the Lower Mis- (6) All persons and vessels within the sissippi River and Southwest Pass, moving security zones shall comply moving security zones are established with the instructions of the Captain of around all cruise ships between the the Port New Orleans and designated

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on-scene U.S. Coast Guard patrol per- Captain of the Port Houston-Gal- sonnel. On-scene U.S. Coast Guard pa- veston, or his designated representa- trol personnel include commissioned, tive. warrant, and petty officers of the U.S. (3) For the purpose of this section the Coast Guard. term ‘‘cruise ship’’ is defined as a pas- (c) Authority. In addition to 33 U.S.C. senger vessel over 100 gross tons, car- 1231, the authority for this section in- rying more than 12 passengers for hire, cludes 33 U.S.C. 1226. 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 effect during the inbound and outbound (6) All persons and vessels within the entire transit of the cruise ship and moving security zone shall comply continues while the cruise ship is with the instructions of the Captain of moored or anchored. the Port Houston-Galveston and des- (b) Regulations. (1) Entry of vessels or ignated on-scene U.S. Coast Guard pa- persons into these zones is prohibited trol personnel. On-scene U.S. Coast unless authorized as follows. Guard patrol personnel include com- (i) Vessels may enter within 500 yards missioned, warrant, and petty officers but not closer than 100 yards of a cruise of the U.S. Coast Guard. ship provided they operate at the min- (c) Authority. In addition to 33 U.S.C. imum speed necessary to maintain a 1231, the authority for this section in- safe course. cludes 33 U.S.C. 1226. (ii) No person or vessel may enter [COTP Houston-Galveston–02–010, 67 FR within 100 yards of a cruise ship unless 64048, Oct. 17, 2002] expressly authorized by the Coast Guard Captain of the Port Houston- § 165.814 Security Zones; Captain of Galveston. Where the Houston Ship the Port Houston-Galveston Zone. Channel narrows to 400 feet or less between Houston Ship Channel Entrance (a) Location. The following areas are Lighted Bell Buoy ‘‘18’’, light list no. designated as security zones: 34385 at approximately 29°21′06″ N, (1) Houston, Texas. The Houston Ship 94°47′00″ W [NAD 83] and Barbours Cut, Channel and all associated turning ba- the Captain of the Port Houston-Gal- sins, bounded by a line drawn between veston may permit vessels that must Houston Ship Channel Light 132 transit the navigable channel between (LLNR–24445) and Houston Ship Chan- these points to enter within 100 yards nel Light 133 (LLNR–24450) west to the of a cruise ship. T & N Rail Road Swing Bridge at the (iii) Moored vessels or vessels an- entrance to Buffalo Bayou, including chored in a designated anchorage area all waters adjacent to the ship channel are permitted to remain within 100 from shoreline to shoreline and the yards of a cruise ship while it is in first 200 yards of connecting water- transit. ways. (2) Vessels requiring entry within 500 (2) Morgan’s Point, Texas. The yards of a cruise ship that cannot slow Barbours Cut Ship Channel and Turn- to the minimum speed necessary to ing Basin containing all waters west of maintain a safe course must request a line drawn between Junction Light express permission to proceed from the ‘‘Barbours Cut’’ 29°41′12″ N, 94°59′12″ W

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(LLNR–23525), and Houston Ship Chan- Traffic’’ via VHF Channels 11/12 or by nel Light 91, 29°41′00″ N, 94°59′00″ W phone at (713) 671–5103. (LLNR–23375) (NAD 1983). (4) All persons and vessels shall com- (3) Bayport, TX. The Port of Bayport, ply with the instructions of the Cap- Bayport Ship Channel and Bayport tain of the Port Houston-Galveston and Turning Basin containing all waters designated on-scene U.S. Coast Guard south of latitude 28°36′45″ N and west of patrol personnel. On-scene U.S. Coast Bayport Ship Channel Light 9 (LLNR– Guard patrol personnel include com- 23295) (NAD 1983). missioned, warrant, and petty officers (4) Texas City, Texas. The Port of of the U.S. Coast Guard. Texas City Channel, Turning Basin and [COTP Houston-Galveston–02–009, 67 FR Industrial Canal containing all waters 23593, May 5, 2003] bounded by the area south and west of a line drawn from Texas City Channel § 165.815 Ohio River at Louisville, KY; Light 19 (LLNR 24810) through Cut B regulated navigation area. Inner Range Front Light (LLNR 24765) (a) The following is a regulated navi- and terminating on land in position gation area: The waters of the Ohio 29°23′16″ N, 94°53′15″ W (NAD 1983). River from the Clark Memorial (High- (5) Freeport, Texas. (i) The Dow Barge way) Bridge at Mile 603.5, downstream Canal containing all waters bounded by to McAlpine Dam at Mile 604.4. its junction with the Intracoastal Wa- (b) The general regulations governing terway, by a line drawn between the regulated navigation area contained in eastern point at latitude 28°56′48″ N, 33 CFR part 165, subpart B apply. 95°18′20″ W, and the western point at (c) No pleasure or fishing craft shall 28°56′40″ N, 95°18′33″ W (NAD 1983). be operated within the regulated navi- (ii) The Brazos Harbor containing all gation area at any time without prior waters west of a line drawn between permission of the Captain of the Port, the northern point at 28°56′27″ N, Louisville, Kentucky, except in case of 95°20′00″ W, and the southern point emergency and except for passage 28°56′09″ N, 95°20′00″ W (NAD 1983) at its through McAlpine Lock. junction with the Old Brazos River [CGD 2–89–04, 55 FR 23203, June 7, 1990. Redes- Cut. ignated by CGD 96–026, 61 FR 33669, June 28, (b) Effective dates. This section is ef- 1996] fective on April 15, 2003. (c) Regulations. (1) Entry of into these § 165.817 Arkansas River, Mile 118.2 to zones is prohibited except for the fol- 125.4, Little Rock Arkansas—regu- lowing: lated navigation area. (i) Commercial vessels operating at (a) Location. The following is a regu- waterfront facilities within these lated navigation area (RNA): The wa- zones; ters of the Arkansas River between (ii) Commercial vessels transiting di- mile 118.2 and mile 125.4. rectly to or from waterfront facilities (b) Regulations. Transit of the RNA within these zones; is limited during periods of high veloc- (iii) Vessels providing direct oper- ity flow, defined as the flow rate of ational/logistic support to commercial 70,000 cubic feet per second or more at vessels within these zones; the Murray Lock and Dam at mile (iv) Vessels operated by the appro- 125.4. The flow rate at this location is priate port authority or by facilities calculated by the U.S. Army Corps of located within these zones; and Engineers on a regular and routine (v) Vessels operated by federal, state, basis. This information will be distrib- county, or municipal agencies. uted by announcements by Coast (2) Other persons or vessels requiring Guard Marine Information Broadcasts, entry into a zone described in this sec- publication in Coast Guard Local No- tion must request express permission tice to Mariners, and telephone or to enter from the Captain of the Port radio contact with the Lockmaster at Houston-Galveston, or designated rep- Murray Lock and Dam. resentative. (c) Transit of the RNA during periods (3) To request permission as required of high velocity flow may only occur by these regulations contact ‘‘Houston under the following conditions:

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(1) Vessels may not meet or pass in mission is granted, all persons and ves- the RNA. sels must comply with the instructions (2) No vessel shall anchor, stop, re- of the Captain of the Port Pittsburgh main or drift without power at any or his designated representative. time in the RNA. (c) Authority. In addition to 33 U.S.C. (3) All vessels shall continually mon- 1231, the authority for this section in- itor VHF-FM channel 13 on their radio- cludes 33 U.S.C. 1226. telephone while in or approaching the [COTP Pittsburgh–02–005, 67 FR 40163, June RNA. 12, 2002] (4) Prior to entering the RNA, downbound vessels shall make a broad- § 165.821 Ohio River at Cincinnati, OH; cast in the blind on VHF-FM channel regulated navigation area. 13 announcing their estimated time of (a) Location. The following is a regu- departure from Murray Lock and Dam lated navigation area (RNA)—The wa- or from the mooring cells at mile 121.5 ters of the Ohio River between mile to ensure there are no upbound vessels 466.0 and mile 473.0. within the RNA. If there is upbound (b) Activation. The restrictions in traffic within the RNA, the downbound paragraphs (c) (1) through (4) are in ef- vessel shall not depart until the fect from one-half hour before sunset upbound vessel has passed through the to one-half hour after sunrise when the RNA. After departing, vessels will pro- Cincinnati, Ohio, Ohio River Gauge is ceed through the RNA, including all at or above the 45 foot level. The Cap- drawbridges located therein, without tain of the Port, Louisville, Kentucky delay. will publish a notice in the Local No- (5) When upbound vessels reach mile tice to Mariners and will make an- 116, they shall make a broadcast in the nouncements by Coast Guard Marine blind on VHF-FM channel 13 announc- Information Broadcasts whenever the ing their estimated arrival time at the river level measured at the gauge acti- Rock Island Railroad Bridge at mile vates or terminates the navigation re- 118.2. strictions in this section. (6) When a downbound vessel is al- (c) Regulations. (1) Transit through ready in the RNA, an upbound vessel the RNA by all downbound vessels tow- shall adjust its speed so as to avoid a ing cargoes regulated by Title 46 Code meeting situation in the RNA. of Federal Regulations Subchapters D (d) Refer to 33 CFR 117.123 for draw- and O with a tow length exceeding 600 bridge operation regulations. feet excluding the tow boat is prohib- [CGD2–90–04, 57 FR 22176, May 27, 1992. Redes- ited. ignated by CGD 96–026, 61 FR 33669, June 28, (2) No vessel shall loiter, anchor, 1996] stop, remain or drift without power at any time within the navigation chan- § 165.820 Security Zone; Ohio River nel of the RNA. Mile, 34.6 to 35.1, Shippingport, (3) All commercial vessels shall con- Pennsylvania. tinually monitor VHF-FM channel 13 (a) Location. The following area is a on their radiotelephone while in or ap- security zone: The waters of the Ohio proaching the RNA. River, extending 200 feet from the (4) Between Ohio River miles 464.0 shoreline of the left descending bank and 466.0, downbound vessels shall beginning from mile marker 34.6 and make a broadcast in the blind, on VHF- ending at mile marker 35.1. FM channel 13 announcing their esti- (b) Regulations. (1) Entry into or re- mated time of entering the RNA. maining in this zone is prohibited un- [CGD02–95–003, 61 FR 2417, Jan. 26, 1996. Re- less authorized by the Coast Guard designated by CGD 97–023, 62 FR 33365, June Captain of the Port, Pittsburgh. 19, 1997, as amended by USCG–1998–3799, 63 (2) Persons and vessels desiring to FR 35533, June 30, 1998] transit the area of the security zone may contact the Captain of the Port § 165.825 Security Zones; Captain of Pittsburgh at telephone number 412– the Port St. Louis, Missouri. 644–5808 or on VHF channel 16 to seek (a) Location. The following areas are permission to transit the area. If per- security zones:

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(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 (4) Designated representatives are marker 507.3. commissioned, warrant, and petty offi- (4) Prairie Island Nuclear Generating cers of the U.S. Coast Guard. Facility Security Zone, Welch, Min- (c) Authority. In addition to 33 U.S.C. nesota—all waters of the Upper Mis- 1231, the authority for this section in- sissippi River, extending 300 feet from cludes 33 U.S.C. 1226. the shoreline of the right descending 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 Loaded with Certain Dangerous Central Illinois bounded by a dam con- Cargoes, Inland Rivers, Eighth structed near the confluence of Salt Coast Guard District. Creek River mile 56 and the north fork 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 west to 40°10′15″ N, 88°50′30″ W; thence Atchafalaya River above mile 55.0, in- returning north to the origin. These cluding the Red River; the Ohio River coordinates are based upon [NAD 83]. and all its tributaries; and the Ten- (b) Regulations. (1) Entry into these nessee River from its confluence with security zones is prohibited unless au- the Ohio River to mile zero on the Mo- thorized by the Coast Guard Captain of bile River and all other tributaries be- the Port, St. Louis or designated rep- tween these two rivers. resentative. (b) Applicability. This section applies (2) The Ft. Calhoun and Cooper secu- to towing vessel operators and fleeting rity zones include a portion of the nav- area managers responsible for CDC igable channel of the Missouri River. barges in the RNA. This section does All vessels that may safely navigate not apply to: outside of the channel are prohibited (1) Towing vessel operators respon- from entering the security zone with- sible for barges not carrying CDCs out the express permission of the Cap- barges, or tain of the Port St. Louis or designated (2) Fleet tow boats moving one or representative. Vessels that are re- more CDC barges within a fleeting quired to use the channel for safe navi- area. gation are authorized entry into the (c) Definitions. As used in this sec- zone but must remain within the chan- tion—

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

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(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 (vii) L&D 21 rival (ETA) to a reporting point varies (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): (i) M 54.0–56.0 (2) The fleeting area manager respon- (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 (ix) M 745.0–750.0 within the fleeting area; (4) Illinois River (ILR), at Mile Marker (M) (ii) Upon moving one or more CDC 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: (i) M 950.0–952.0 may be made by a company representa- (ii) Arriving Smithland L&D tive or dispatcher on behalf of the (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 (ix) Departing Capt Anthony Meldahl L&D [email protected]. A reporting form (x) Arriving Greenup L&D (upbound) and e-mail link are available at http:// (xi) Departing Greenup L&D (downbound) www.uscg.mil/d8/Divs/M/IRVMC.htm. (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 (xv) Departing Hannibal L&D sel operators responsible for one or (xvi) Departing Montgomery L&D more CDC barges in the RNA must (6) Allegheny River at Lock & Dam (L&D), as make reports to the IRVMC at each indicated: point listed in this paragraph (e): (i) Departing L&D 4 (upbound) (1) Lower Mississippi River (LMR), between (ii) Arriving L&D 4 (downbound) Mile Markers (M): (7) Monongahela River Departing Lock & (i) M 235.0–240.0 (Entering & Exiting RNA) Dam (L&D): (ii) M 338.0–343.0 (i) Grays Landing L&D (iii) M 430.0–435.0 (ii) L&D 3 (iv) M 520.0–525.0 (8) Kanawha River, at Lock & Dam (L&D), as (v) M 621.0–626.0 indicated: (vi) M 695.0–700.0 (i) Arriving Winfield L&D (upbound) (vii) M 772.0–777.0 (ii) Departing Winfield L&D (downbound) (viii) M 859.0–864.0 (9) Cumberland River, between Mile Markers (ix) M 945.0–950.0 (M) and Departing Lock & Dam (L&D), (2) Upper Mississippi River (UMR), between unless otherwise indicated: Mile Markers (M) and Departing Lock & (i) Departing Old Hickory L&D (upbound) Dam (L&D), unless otherwise indicated: (ii) Arriving Old Hickory L&D (downbound) (i) L&D 3 (iii) M 127.0–129.0 (ii) L&D 4 (iv) Barkley L&D

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(10) Tennessee River, between Mile Markers (i) Claiborne L&D (M) and when Departing Lock & Dam (ii) Henry L&D (L&D), unless otherwise indicated: (15) McClellan-Kerr Arkansas River Naviga- (i) Fort Loudon L&D tion System, when Departing Lock & (ii) Watts Bar L&D Dam (L&D), unless otherwise indicated: (iii) Departing Chickamauga L&D (i) Chouteau L&D (upbound) (ii) W.D. Mayo L&D (iv) Arriving Chickamauga L&D (iii) Ozark-Jeta Taylor L&D (downbound) (iv) L&D 9 (v) Nickajack L&D (v) Arriving David D. Terry L&D (upbound) (vi) Gunterville L&D (vi) Departing David D. Terry L&D (vii) General Joe Wheeler L&D (downbound) (viii) Pickwick Landing L&D (vii) L&D 2 (ix) M 122.0–124.0 (16) Red River, between Mile Markers (M) (x) Kentucky L&D and when Departing Lock & Dam (L&D): (11) Tennessee-Tombigbee River, between (i) L.C. Boggs L&D Mile Markers (M) and when Departing (ii) Lock 3 Lock & Dam (L&D): (iii) M 178.0–180.0 (i) Lock D (17) Atchafalaya River, at Mile Marker (M): (ii) Aberdeen L&D (i) 55.0 (Entering & Exiting RNA) (iii) Aliceville L&D (ii) [Reserved] (iv) M 202.0–203.0 (f) Information to be reported to the (v) Coffeeville L&D IRVMC by towing vessel operators. With (12) Mobile River, at Mile Marker (M): the exception noted in paragraph (i) 0.0 (Entering & Exiting RNA) (d)(1)(ii) of this section, towing vessel (ii) [Reserved] (13) Black Warrior River, when Departing operators responsible for one or more L&D: CDC barges in the RNA must report all (i) Holt L&D the information required by this sec- (ii) [Reserved] tion as set out in table 165.830(f) of this (14) Alabama River, when Departing 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- tow is clear of the regulated navigation mally issued at 30-minute intervals area. while the security zones remains in ef- (iii) Vessels engaged in commercial fect. Escorted vessels will be identified service, as defined in 46 U.S.C. 2101(5), by the presence of Coast Guard assets may not pass (meet or overtake) in the or other Federal, State or local law en- regulated navigation area and must forcement agency assets. make a SECURITE call when approach- (f) Contact information. The COTP Mo- ing the regulated navigation area to bile may be reached via phone at (251) announce intentions and work out 441–6211. Any on scene Coast Guard or passing arrangements on either side. designated representative assets may (iv) Commercial tows transiting the be reached via VHF–FM channel 16. regulated navigation area must be [USCG–2008–1013, 73 FR 67107, Nov. 13, 2008, as made up with wire rope to ensure elec- amended at 74 FR 22102, May 12, 2009] trical connectivity between all segments of the tow. NINTH COAST GUARD DISTRICT (v) All vessels are prohibited from loitering between the Romeo Road § 165.T09–1247 Regulated Navigation Bridge (approximate mile marker Area and Safety Zone, Chicago San- 296.18) and mile marker 296.7 (aerial itary and Ship Canal, Romeoville, pipeline located approximately 0.51 IL. miles north east of Romeo Road (a) Regulated Navigation Area. The fol- Bridge). lowing is a Regulated Navigation Area: (vi) Vessels may enter the waters be- All waters of the Chicago Sanitary and tween the Romeo Road Bridge (approx- Ship Canal, Romeoville, IL located be- imate mile marker 296.18) and mile tween mile marker 295.0 (approxi- marker 296.7 (aerial pipeline located mately 1.1 miles south of the Romeo approximately 0.51 miles north east of Road Bridge) and mile marker 297.5 Romeo Road Bridge) for the sole pur- (approximately 1.3 miles northeast of pose of transiting to the other side and the Romeo Road Bridge). must maintain headway throughout (1) Definitions. The following defini- the transit. All vessels and persons are tions apply to this section: prohibited from dredging, laying cable, Designated representatives means the dragging, fishing, conducting salvage Captain of the Port Lake Michigan and operations, or any other activity, Commanding Officer, Marine Safety which could disturb the bottom of the Unit Chicago. canal in the area located between the Red flag barge means any barge cer- Romeo Road Bridge (approximate mile tificated to carry any hazardous mate- marker 296.18) and mile marker 296.7 rial in bulk. (aerial pipeline located approximately Hazardous material means any mate- 0.51 miles north east of Romeo Road rial as defined in 46 CFR 150.115. Bridge). Bow boat means a towing vessel capa- (vii) All personnel on open decks ble of providing positive control of the must wear a Coast Guard approved bow of a tow containing one or more Type I personal flotation device while barges, while transiting the regulated in the waters between the Romeo Road navigation area. The bow boat must be Bridge (approximate mile marker capable of preventing a tow containing 296.18) and mile marker 296.7 (aerial one or more barges from coming into pipeline located approximately 0.51 contact with the shore and other miles north east of Romeo Road moored vessels. Bridge). (2) Regulations. (i) The general regu- (viii) Vessels may not moor or lay up lations contained in 33 CFR 165.13 on the right or left descending banks of apply. the waters between the Romeo Road (ii) All up-bound and down-bound Bridge (approximate mile marker barge tows that contain one or more 296.18) and mile marker 296.7 (aerial red flag barges transiting through the pipeline located approximately 0.51 regulated navigation area must be as- miles north east of Romeo Road sisted by a bow boat until the entire Bridge).

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(ix) Towboats may not make or break Michigan, or his on-scene representa- tows if any portion of the towboat or tive. tow is located in the waters between (ii) This safety zone is closed to all the Romeo Road Bridge (approximate vessel traffic, except as may be per- mile marker 296.18) and mile marker mitted by the Captain of the Port Lake 296.7 (aerial pipeline located approxi- Michigan or his on-scene representa- mately 0.51 miles north east of Romeo tive. Road Bridge). (iii) The ‘‘on-scene representative’’ of (3) Compliance. All persons and ves- the Captain of the Port is any Coast sels must comply with this section and Guard commissioned, warrant or petty any additional instructions or orders of officer who has been designated by the the Ninth Coast Guard District Com- Captain of the Port to act on his be- mander, or his designated representa- half. The on-scene representative of the tives. Captain of the Port will be aboard ei- (4) Waiver. For any vessel, the Ninth ther a Coast Guard or Coast Guard Coast Guard District Commander, or Auxiliary vessel. The Captain of the his designated representatives, may Port or his on-scene representative waive any of the requirements of this may be contacted via VHF Channel 16. section, upon finding that operational (4) Vessel operators desiring to enter conditions or other circumstances are or operate within the safety zone shall such that application of this section is contact the Captain of the Port Lake unnecessary or impractical for the pur- Michigan or his on-scene representa- poses of vessel and mariner safety. tive to obtain permission to do so. Ves- (b) (1) The following area Safety Zone. sel operators given permission to enter is a safety zone: All waters of the Chi- or operate in the safety zone must cago Sanitary and Ship Canal located comply with all directions given to between mile marker 296.0 (approxi- them by the Captain of the Port Lake mately 958 feet south of the Romeo Michigan or his on-scene representa- Road Bridge) and mile marker 296.7 tive. (aerial pipeline located approximately 0.51 miles north east of Romeo Road EFFECTIVE DATE NOTE: By USCG–2008–1247, Bridge). 74 FR 6357, Feb. 9, 2009, temporary § 165.T09– (2) Notice of enforcement or suspension 1247 was added, effective from 11:59 p.m. on of enforcement. The Captain of the Port Jan. 17, 2009 until Sept. 30, 2009. Lake Michigan will enforce the safety zone established by this section only § 165.901 Great Lakes—regulated navigation areas. upon notice. Captain of the Port Lake Michigan will cause notice of the en- (a) Lake Huron. The following are forcement of this safety zone to be regulated navigation areas: made by all appropriate means to ef- (1) The waters of Lake Huron known fect the widest publicity among the af- as South Channel between Bois Blanc fected segments of the public including Island and Cheboygan, Michigan; publication in the FEDERAL REGISTER bounded by a line north from as practicable, in accordance with 33 Cheyboygan Crib Light (LL–1340) at CFR § 165.7(a). Such means of notifica- 45°39′48″ N, 84°27′36″ W; to Bois Blanc Is- tion may also include but are not lim- land at 45°43′42″ N, 84°27′36″ W; and a ited to, Broadcast Notice to Mariners line north from the mainland at or Local Notice to Mariners. The Cap- 45°43′00″ N, 84°35′30″ W; to the western tain of the Port Lake Michigan will tangent of Bois Blanc Island at 45°48′42″ issue a Broadcast Notice to Mariners N, 84°35′30″ W. and Local Notice to Mariners notifying (2) The waters of Lake Huron be- the public when enforcement of these tween Mackinac Island and St. Ignace, safety zones is suspended. Michigan, bounded by a line east from (3) Regulations. (i) In accordance with position 45°52′12″ N, 84°43′00″ W; to the general regulations in section Mackinac Island at 45°52′12″ N, 84°39′00″ 165.23 of this part, entry into, W; and a line east from the mainland transiting, or anchoring within this at 45°53′12″ N, 84°43′30″ W; to the north- safety zone is prohibited unless author- ern tangent of Mackinac Island at ized by the Captain of the Port Lake 45°53′12″ N, 84°38′48″ W.

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(b) Lake Michigan. The following is a where the shoreline intersects lon- regulated navigation area—The waters gitude 81°42′24.5″ W, which is the Holy of Lake Michigan known as Gray’s Moses Water Taxi Landing at Fado’s Reef Passage bounded by a line from Restaurant. Gray’s Reef Light (LL–2006) at 45°46′00″ (2) One hundred (100) feet downriver N, 85°09′12″ W; to White Shoals Light to one hundred (100) feet upriver from (LL–2003) at 45°50′30″ N, 85°08′06″ W; to a 41 degrees 29′53.5″ N, 81 degrees 42′33.5″ point at 45°49′12″ N, 85°04′48″ W; then to W, which is the knuckle on the north a point at 45°45′42″ N, 85°08′42″ W; then side of the Old River entrance at On- to the point of beginning. tario Stone. (c) Regulations. The COTP, Sault Ste. (3) Fifty (50) feet downriver to fifty Marie, will close and open these regu- (50) feet upriver from 41 degrees 29′48.4″ lated navigation areas as ice conditions N, 81 degrees 42′44″ W, which is the dictate. Under normal seasonal condi- knuckle adjacent to the Ontario Stone tions, only one closing each winter and warehouse on the south side of the Old one opening each spring are antici- River. pated. Prior to the closing or opening (4) From 41 degrees 29′51.1″ N, 81 de- of the regulated navigation areas, the grees 42′32.0″ W, which is the corner of COTP will give interested parties, in- Christie’s Cabaret pier at Sycamore cluding both shipping interests and is- Slip on the Old River, to fifty (50) feet land residents, not less than 72 hours east of 41 degrees 29′55.1″ N, 81 degrees notice of the action. No vessel may 42′27.6″ W, which is the north point of navigate in a regulated navigation area the pier at Shooter’s Restaurant on the which has been closed by the COTP. Cuyahoga River. Under emergency conditions, the COTP (5) Twenty-five (25) feet downriver to may authorize specific vessels to navi- twenty-five (25) feet upriver of 41 de- gate in a closed regulated navigation grees 29′48.9″ N, 81 degrees 42′10.7″ W, area. 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, (6) Ten (10) feet downriver to ten (10) 1983] feet upriver of 41 degrees 29′45.5″ N, 81 degrees 42′9.7″ W, which is the knuckle § 165.902 Niagara River at Niagara toward the upriver corner of the Falls, New York—safety zone. 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 fence at the upriver end of the Com- § 165.903 Safety Zones: Cuyahoga modores Club Marina. River and Old River, Cleveland, OH. (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

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the end of the chain link fence between cluding Burnham Park Harbor, to the The Club Mega and Shippers C & D. northwest point. (b) Regulations—(1) General Rule. Ex- (b) Effective times and dates. This safe- cept as provided below, entry of any ty and security zone will be in effect at kind or for any purpose into the fore- various times to be published in the going zones is strictly prohibited in ac- Coast Guard Local Notice to Mariners cordance with the general regulations or broadcasted via Marine Radio VHF- in § 165.23 of this part. FM Channels 16 & 22. These times will (2) Exceptions. Any vessel may tran- include the actual effective time and sit, but not moor, stand or anchor in, date and the termination time and the foregoing zones as necessary to date. comply with the Inland Navigation (c) Restrictions. (1) In accordance with the general regulations in section Rules or to otherwise facilitate safe 165.23 and 165.33 of this part, entry into navigation. Cargo vessels of 1600 gross this zone is prohibited, unless author- tons (GT) or greater may moor in these ized by the U.S. Coast Guard Captain of zones when conducting cargo transfer the Port Lake Michigan, or the U.S. operations. Secret Service. Other general require- (3) Waivers. Owners or operators of ments in §§ 165.23 and 165.33 also apply. docks wishing a partial waiver of these Further, no person may enter or re- regulations may apply to the Captain main in the shoreline areas of the es- of the Port, Cleveland, Ohio. Partial tablished safety and security zone, un- waivers will only be considered to less cleared by a Coast Guard or U.S. allow for the mooring of vessels in a Secret Service official. safety zone when vessels of 1600 GT on (2) Vessels in Burnham Park Harbor greater are not navigating in the proxi- at the commencement of the safety and mate area. Any requests for a waiver security zone must be moored and re- must include a plan to ensure imme- main moored while the safety and secu- diate removal of any vessels moored in rity zone is established, unless author- a safety zone upon the approach of a ized to get underway by a Coast Guard vessel(s) 1600 GTs or greater. 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 ming, snorkeling, or diving within the 37685, July 19, 1996; USCG–2000–7223, 65 FR established safety and security zone, 40059, June 29, 2000; USCG–2001–9286, 66 FR except with the permission of the Cap- 33642, June 25, 2001] 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 Zones: St. Louis River. (a) Location. All waters, waterfront 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- North Boundary: 46°41′33″ W cago Harbor, Lake Michigan, bounded South Boundary: 46°41′18″ W by the following coordinates: East Boundary: 92°11′53″ W West Boundary: 92°12′11″ W (1) Northwest point: 41°52′33″ N, 87°36′58″ W (2) Safety Zone #2 (South Spirit Lake): (2) Northeast point: 41°52′33″ N, North Boundary: 46°40′45″ N 87°35′41″ W South Boundary: 46°40′33″ N (3) Southeast point: 41°50′42″ N, East Boundary: 92°11′40″ W 87°35′41″ W West Boundary: 92°12′05″ W (4) Southwest point: 41°50′42″ N, (b) Transit of vessels through the wa- 87°36′33″ W ters covered by these zones is prohib- (5) From the southwest point, north ited. Swimming (including water ski- along the Lake Michigan shoreline, in- ing or other recreational use of the

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water which involves a substantial risk west of a line running 328° T from the of immersion in the water) or taking of intersection of 81°39′58.47″ W and a ref- fish (including all forms of aquatic ani- erence line running between point A at mals) from the waters covered by these 41°31′33.45″ N, 81°39′47.45″ W and point B safety zones is prohibited at all times. at 41°31′19.67″ N, 81°40′19.17″ W, and [CGD09–95–026, 60 FR 52862, Oct. 11, 1995] northwest of the same reference line. (5) Restricted area no. 5. Restricted § 165.906 Lakeside Yacht Club in area no. 5 is the area inside the Lake- Cleveland Harbor, Cleveland, OH— side Yacht Club docks which is outside regulated navigation areas. restricted area 4 and northwest of a (a) Restricted Areas. The following are line 183 feet southeast and parallel to a areas inside Cleveland Harbor which reference line running between point A are subject to navigational restrictions at 41°31′33.45″ N, 81°39′47.45″ W and point based on the height of vessel masts as B at 41°31′19.67″ N, 81°40′19.17″ W. specified in paragraph (b) of this sec- (6) Restricted area no. 6. Restricted tion. For the purpose of this section, area no. 6 is the area inside the Lake- the term ‘‘mast’’ will be used to inside Yacht Club docks which is outside clude masts, antennae or any other restricted areas 4 and 5. portion of the vessel extending above (b) Restrictions applicable to vessels of the waterline. All of these areas are in- certain heights. Vessels with masts of side the ‘‘Lakeside Yacht Club en- certain heights are subject to the fol- trance channel,’’ defined as the water lowing restrictions with reference to area between the Lakeside Yacht Club the restricted areas detailed in para- 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″ (5) 63 to 95 feet. Vessels at least 63 feet N, 81°40′19.17″ W. in height yet less than 95 feet in height (3) Restricted area no. 3. Restricted may not enter restricted area 1, must area no. 3 is the water area of the comply with the clearance procedures Lakeside Yacht Club entrance channel prescribed in paragraph (c) of this sec- which is outside restricted area no. 1, tion when navigating through re- and southwest of a line running 328° T stricted areas 2 or 3, and may not dock from point A at 41°31′33.45″ N., in or enter restricted areas 4 or 5 at 81°39′47.45″ W. any time. (4) Restricted area no. 4. Restricted (6) 95 feet or more. Vessel 95 feet or area no. 4 is the area inside the Lake- more in height may not enter any re- side Yacht Club docks which is south- stricted area, 1 through 6, at any time.

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(c) Clearance procedures. Except dur- § 165.907 [Reserved] ing the times specified in paragraph (d), operators of vessels subject to § 165.909 [Reserved] these procedures must do the following: § 165.910 Security Zones; Captain of the Port Lake Michigan. (1) Obtain clearance from the Burke Lakefront Air Traffic Control Tower (a) Security zones. The following before navigating through the re- areas, defined by coordinates based stricted area(s); upon North American Datum 1983, are security zones: (2) Navigate promptly through the (1) Navy Pier Northside. (i) Location. area(s) at a safe and practical speed. All waters between the Navy Pier and Navigation at a safe and practical the Jardine Water Filtration Plant speed includes brief stops at the fueling shoreward of a line drawn from the dock inside restricted area 3 by vessels southeast corner of the Jardine Water with masts between 63 and 95 feet in Filtration Plant at 41°53′36″ N, 87°36′10″ height; and W, to the northeast corner of the Navy (3) Promptly inform the Burke Lake- Pier at 41°53′32″ N, 87°35′55″ W; then fol- front Air Traffic Control Tower after lowing the Navy Pier, seawall, and clearing the restricted area(s), or of Jardine Water Filtration Plant back to any difficulty preventing prompt clear- the beginning. ance. The Burke Lakefront Air Traffic (ii) Regulations. The Captain of the Control Tower may be contacted on Port Lake Michigan will normally per- marine radio channel 14, or by tele- mit those U.S. Coast Guard certificated phone at (216) 781–6411 except as noted passenger vessels that normally load during the suspended hours listed in and unload passengers at Navy Pier to paragraph (d) of this section. The radio operate in the zone. However, should and telephone will be manned when the the Captain of the Port Lake Michigan instrument guided approach system is determine it is appropriate, he will re- being utilized. quire even those U.S. Coast Guard certificated passenger vessels which nor- (4) Clearance may also be obtained mally load and unload passengers at for longer periods or for groups of ves- Navy Pier to request permission before sels when arranged in advance with leaving or entering the security zones. Burke Lakefront Airport by any appro- The Captain of the Port Lake Michigan priate means of communication, in- will notify these vessels via Broadcast cluding a prior written agreement. Notice to Mariners if they must notify (d) Enforcement of clearance require- the Coast Guard before entering or ments. The clearance procedures speci- transiting the security zone. As such, fied in paragraph (c) of this section will vessels that regularly operate within not be enforced during the following this zone are responsible for moni- times: toring Broadcasts Notice to Mariners (1) 11:00 p.m. n Fridays to 7:00 a.m. on for the Chicago area. These broadcasts Saturdays. will be made by U.S. Coast Guard Sec- (2) 11:00 p.m. on Saturdays to 8:00 tor Lake Michigan. a.m. on Sundays. (2) Dresden Nuclear Power Plant. All (3) 12:00 midnight Sunday nights to waters of the Illinois River in the vi- 7:00 a.m. on Mondays. cinity of Dresden Nuclear Power Plant encompassed by a line starting on the (e) Enforcement. This section will not shoreline at 41°23′45″ N, 88°16′18″ W; then be enforced during any period in which east to the shoreline at 41°23′39″ N, the Federal Aviation Administration 88°16′09″ W; then following along the withdraws approval for operation of an shoreline back to the beginning. instrument-only approach to runway 24 (3) Donald C. Cook Nuclear Power on the northeast end of Burke Lake- Plant. All waters of Lake Michigan front Airport. around the Donald C. Cook Nuclear [CGD09–97–002, 64 FR 8006, Feb. 18, 1999] Power Plant encompassed by a line starting on the shoreline at 41°58.656′ N, 86°33.972′ W; then northwest to 41°58.769′

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N, 86°34.525′ W; then southwest to Guard on board Coast Guard, Coast 41°58.589′ N, 86°34.591′ W; then southeast Guard Auxiliary, local, state, and fed- to the shoreline at 41°58.476′ N, 86°34.038′ eral law enforcement vessels. Emer- W; and following along the shoreline gency response vessels are authorized back to the beginning. to move within the zone but must (4) Palisades Nuclear Power Plant. All abide by the restrictions imposed by waters of Lake Michigan around the the Captain of the Port. Palisades Nuclear Power Plant within (3) Persons who would like to transit a line starting on the shoreline at through a security zone in this section 42°19′07″ N, 86°19′05″ W; then northwest must contact the Captain of the Port to 42°19′22″ N, 86°19′54″ W; then north to at telephone number (630) 986–2175 or on 42°19′44″ N, 86°19′43″ W; then southeast VHF channel 16 (121.5 MHz) to seek per- back to the shoreline at 42°19′31″ N, mission to transit the area. If permis- 86°18′50″ W; then following along the sion is granted, all persons and vessels shoreline back to the beginning. shall comply with the instructions of (5) Hammond Intake Crib. All navi- the Captain of the Port or his or her gable waters bounded by the arc of a designated representative. circle with a 100-yard radius with its (c) Authority. In addition to 33 U.S.C. center in approximate position 41°42′15″ 1231 and 50 U.S.C. 191, the authority for N, 087°29′49″ W (NAD 83). this section includes 33 U.S.C. 1226. (6) Zion Nuclear Power Plant. All waters of Lake Michigan encompassed by [CGD09–02–001, 67 FR 53502, Aug. 16, 2002; 67 a line starting on the shoreline at FR 65041, Oct. 23, 2002, as amended by CGD09– 42°26′36″ N, 87°48′03″ W; then southeast 04–020, 69 FR 71709, Dec. 10, 2004] to 42°26′20″ N, 87°47′35″ W; then north- ° ′ ″ ° ′ ″ § 165.911 Security Zones; Captain of east to 42 26 53 N, 87 47 22 W; then the Port Buffalo Zone. northwest to the shoreline at 42°27′06″ N, 87°48′00″ W; then following along the (a) Location. The following are secu- shoreline back to the beginning. rity zones: (7) 68th Street Water Intake Crib. All (1) Nine Mile Point and Fitzpatrick Nu- waters of Lake Michigan within the arc clear Power Plants. The navigable wa- of a circle with a 100-yard radius of the ters of Lake Ontario bounded by the 68th Street Crib with its center in ap- following coordinates: commencing at proximate position 41°47′10″ N, 87°31′51″ 43°30.8′ N, 076°25.7′ W; then north to W. 43°31.2′ N, 076°25.7′ W; then east-north- (8) Dever Water Intake Crib. All waters east to 43°31.6′ N, 076°24.9′ W; then east of Lake Michigan within the arc of a to 43°31.8′ N, 076°23.2′ W; then south to circle with a 100-yard radius of the 43°31.5′ N, 076°23.2′ W; and then fol- Dever Crib with its center in approxi- lowing the shoreline back to the point mate position 41°54′55″ N, 87°33′20″ W. of origin (NAD 83). (9) 79th Street Water Intake Crib. All (2) Ginna Nuclear Power Plant. The waters of Lake Michigan within the arc waters of Lake Ontario bounded by the of a circle with a 100-yard radius of the following area, starting at 43°16.9′ N, 79th Street Water Filtration Plant 077°18.9′ W; then north to 43°17.3′ N, with its center in the approximate po- 077°18.9′ W; then east to 43°17.3′ N, sition 41°45′30″ N, 87°32′32″ W. 077°18.3′ W; then south to 43°16.7′ N, (b) Regulations. (1) Under § 165.33, 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).

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(4) Long Sault Spillway Dam. The wa- (c) Authority. In addition to 33 U.S.C. ters of the St. Lawrence River bounded 1231 and 50 U.S.C. 191, the authority for by the following area, starting at this section includes 33 U.S.C. 1226. ° ′ ° ′ ° ′ 44 59.5 N, 074 52.0 W; north to 45 00.0 N, [CGD09–02–006, 67 FR 52611, Aug. 13, 2002] 074°52.0′ W; east to 45°00.0′ N, 074°51.6′ W, then south to 44°59.5′ N, 074°51.6′ W; § 165.914 [Reserved] then west back to the starting point (NAD 83). § 165.915 Security zones; Captain of (b) Regulations. (1) In accordance with the Port Detroit. § 165.33, entry into this zone is prohib- (a) Security zones. The following areas ited unless authorized by the Coast are security zones: Guard Captain of the Port Buffalo. (1) Enrico Fermi 2 Nuclear Power Sta- (2) Persons or vessels desiring to tion. All waters and adjacent shoreline transit the area of the Nine Mile Point encompassed by a line commencing at 41°58.4′ N, 083°15.4′ W; then northeast to and Fitzpatrick Nuclear Power Plants ° ′ ° ′ or Ginna Nuclear Power Plant security 41 58.5 N, 083 15.0 W; then southeast to 41°58.2′ N, 083°13.7′ W; then south to zones must contact the Captain of the 41°56.9′ N, 083°13.8′ W; then west to Port Buffalo at telephone number (716) 41°56.9′ N, 083°15.2′ W; then back to the 843–9570, or on VHF/FM channel 16 to starting point at 41°58.4′ N, 083°15.4′ W seek permission to transit the area. (NAD 83). Persons desiring to transit the area of (2) Davis Besse Nuclear Power Station. Moses-Saunders Power Dam or Long All waters and adjacent shoreline en- Sault Spillway Dam security zones compassed by a line commencing at must contact the Supervisor, Marine 41°36.1′ N, 083°04.7′ W; north to 41°37.0′ N, Safety Detachment Massena at tele- 083°03.9′ W; east to 41°35.9′ N, 083°02.5′ W; phone number (315) 764–3284, or on VHF/ southwest to 41°35.4′ N, 083°03.7′ W; then FM channel 16 to seek permission to back to the starting point 41°36.1′ N, transit the area. If permission is grant- 083°04.7′ W (NAD 83). ed, all persons and vessels shall comply (b) Regulations. (1) In accordance with with the instructions of the Captain of § 165.33, entry into this zone is prohib- the Port or his or her designated rep- ited unless authorized by the Coast resentative. Guard Captain of the Port Detroit. Sec- (c) Authority. In addition to 33 U.S.C. tion 165.33 also contains other general 1231 and 50 U.S.C. 191, the authority for requirements. this section includes 33 U.S.C. 1226. (2) Persons desiring to transit 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 [CGD09–02–011, 67 FR 46386, July 15, 2002] Lake Erie at 41° 48.231′ N, 081° 08.455′ W; 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 (a) Location. The following are secu- this part, entry into this zone is pro- rity zones: hibited unless authorized by the Coast (1) Kewaunee Nuclear Power Plant. All Guard Captain of the Port Cleveland, navigable waters of Western Lake or the designated on-scene representa- Michigan encompassed by a line com- tive. mencing from a point on the shoreline

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at 44°20.715′ N, 087°32.080′ W; then eas- Captain of the Port (COTP) Detroit. terly to 44°20.720′ N, 087°31.630′ W; then Vessels need not request permission southerly to 44°20.480′ N, 087°31.630′ W; from COTP Detroit if only transiting then westerly to 44°20.480′ N, 087°31.970′ through the RNA. COTP Detroit can be W, then northerly following the shore- reached by telephone at (313) 568–9580, line back to the point of origin (NAD or by writing to: MSO Detroit, 110 Mt. 83). Elliot Ave., Detroit MI 48207–4380. (2) Point Beach. All navigable waters [CDG09–03–287, 69 FR 23103, Apr. 28, 2004] of Western Lake Michigan encompassed by a line commencing from a § 165.921 Regulated Navigation Area; point on the shoreline at 44° 17.06 N, Reporting Requirements for Barges 087° 32.15 W, then northeasterly to 44° Loaded with Certain Dangerous 17.12 N, 087° 31.59 W, then southeasterly Cargoes, Illinois Waterway System to 44° 16.48 N, 087° 31.42 W, then south- located within the Ninth Coast westerly to 44° 16.42 N, 087° 32.02 W, Guard District. then northwesterly along the shoreline (a) Regulated Navigation Area. The fol- back to the point of origin. All coordi- lowing waters are a regulated naviga- nates are based upon North American tion area (RNA): the Illinois Waterway Datum 1983. System above mile 187.2 to the Chicago (b) Regulations. (1) In accordance with Lock on the Chicago River at mile 326.7 § 165.33, entry into this zone is prohib- and to the confluence of the Calumet ited unless authorized by the Coast River and Lake Michigan at mile 333.5 Guard Captain of the Port Milwaukee. of the Calumet River. Section 165.33 also contains other gen- (b) Applicability. This section applies eral requirements. to towing vessel operators and fleeting (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.

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(5) A liquid material that has a pri- (d) Regulations. The following must mary or subsidiary classification of Di- report to the Inland River Vessel Move- vision 6.1 ‘‘poisonous material’’ as list- ment Center (IRVMC): ed in 49 CFR 172.101 that is also a ‘‘ma- (1) The towing vessel operator re- terial poisonous by inhalation’’, as de- sponsible for one or more CDC barges fined in 49 CFR 171.8 and that is in a in the RNA must report all the infor- bulk packaging, or that is in a quan- mation items specified in table tity in excess of 20 metric tons per 165.921(f), in paragraph (f) of this sec- barge when not in a bulk packaging. tion, to the IRVMC: (6) Class 7, ‘‘highway route controlled (i) Upon point of entry into the RNA quantity’’ radioactive material or with one or more CDC barges; ‘‘fissile material, controlled ship- (ii) Four hours before originating a ment’’, as defined in 49 CFR 173.403. voyage within the RNA with one or (7) Bulk liquefied chlorine gas and more CDC barges, except if the evo- bulk liquefied gas cargo that is flam- lution of making up a tow with a CDC mable and/or toxic and carried under 46 barge will take less than 4 hours before CFR 154.7. originating a voyage, and the towing (8) The following bulk liquids— vessel operator did not receive the (i) Acetone cyanohydrin, order to make up a tow with a CDC (ii) Allyl alcohol, barge in advance of 4 hours before orig- (iii) Chlorosulfonic acid, inating the voyage with one or more (iv) Crotonaldehyde, CDC barges, in which case the towing (v) Ethylene chlorohydrin, vessel operator shall submit the re- (vi) Ethylene dibromide, quired report to the IRVMC as soon as (vii) Methacrylonitrile, possible after receiving orders to make (viii) Oleum (fuming sulfuric acid), up a tow with one or more CDC barges; and (iii) Upon dropping off one or more (ix) Propylene Oxide. CDC barges at a fleeting area or facility; CDC barge means a barge containing CDCs or CDC residue. (iv) Upon picking up one or more additional CDC barges from a fleeting Downbound means the tow is traveling with the current. area or facility; Fleet tow boat means any size vessel (v) At designated reporting points, that is used to move, transport, or de- set forth in paragraph of this section; liver a CDC barge within a fleeting (vi) When the estimated time of ar- area. rival (ETA) to a reporting point varies Fleeting area means any fleet, includ- by 6 hours from the previously reported ing any facility, located within the ETA; area covered by one single port. (vii) Any significant deviation from Inland River Vessel Movement Center previously reported information; or (IRVMC) means the Coast Guard of- (viii) Upon departing the RNA with fice that is responsible for collecting one or more CDC barges; and the information required by this sec- (ix) When directed by the IRVMC. tion. (2) The fleeting area manager respon- Ninth Coast Guard District means the sible for one or more CDC barges in the Coast Guard District as set out in 33 RNA must report all the information CFR 3.45–1. items specified in table 165.921(g), in Towing vessel means any size vessel paragraph (g) of this section, to the that is used to move, transport, or de- IRVMC: liver a CDC barge to a fleet or facility (i) Once daily, report all CDC barges that is located in a different port than within the fleeting area; where the voyage originated. (ii) Upon moving one or more CDC Towing vessel operator means the Cap- barges within a fleeting area by a fleet tain or pilot who is on watch on board tow boat; a towing vessel. (iii) Any significant deviation from Upbound means the tow is traveling previously reported information; and against the current. (iv) When directed by the IRVMC.

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(3) Reports required by this section (iv) M 333.5 Confluence of Calumet may be made by a company representa- River and Lake Michigan, and tive or dispatcher on behalf of the (v) M 326.7 Chicago L&D, Chicago fleeting area manager. River. (4) Reports required by this section (2) Illinois River (ILR) Downbound must be made to the IRVMC either by Reporting Points, at Mile Markers (M) telephone to (866) 442–6089, by fax to and when Departing Lock & Dam (866) 442–6107, or by e-mail to (L&D)— [email protected]. A reporting form and e-mail link are available at http:// (i) M 326.7 Chicago L&D, Chicago www.uscg.mil/d8/Divs/M/IRVMC.htm. River, (5) The general regulations contained (ii) M 333.5 Confluence of Calumet in 33 CFR 165.13 apply to this section. River and Lake Michigan, (e) Ninth Coast Guard District Illinois (iii) M 326.4 Thomas S. O’Brien L&D, Waterway System RNA Reporting points. Calumet River, Towing vessel operators responsible for (iv) M 303.5 Junction of Chicago Sani- one or more CDC barges in the RNA tary Ship Canal and Calumet-Sag must make reports to the Inland River Channel, and Vessel Movement Center at each point (v) M 187.2 (Southern Boundary MSU listed in this paragraph (e). Chicago AOR). (1) Illinois River (ILR) Upbound, at (f) Information to be reported to the Mile Markers (M) and when Departing Lock & Dam (L&D)— IRVMC by towing vessel operators. With (i) M 187.2 (Southern Boundary MSU the exception noted in paragraph Chicago AOR), (d)(1)(ii) of this section, towing vessel (ii) M 303.5 Junction of Chicago Sani- operators responsible for one or more tary Ship Canal and Calumet-Sag CDC barges in the RNA must report all Channel, the information required by this sec- (iii) M 326.4 Thomas S. O’Brien L&D, tion as set out in table 165.921(f) of this Calumet River, paragraph.

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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 elec- trical 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–2008–1247, lations contained in 33 CFR 165.13 74 FR 6357, Feb. 9, 2009, § 165.923 was sus- apply. pended from Jan. 18, 2009 until Sept. 30, 2009. (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. N, 086°26′38″ W (NAD 83). (8) International Bayfest; Green Bay, (ii) Enforcement date and time. July 3; WI—(i) Location. All waters of the Fox 9 p.m. to 11 p.m. If the July 3 fireworks River, near the Western Lime Company are cancelled due to inclement weath- 1.13 miles above the head of the Fox er, then this section will be enforced River, within the arc of a circle with a July 4; 9 p.m. to 11 p.m. 1000-foot radius from the fireworks (15) Taste of Chicago Fireworks; Chi- launch site located in position 44°31′24″ cago, IL—(i) Location. All waters of N, 088°00′42″ W (NAD 83). Monroe Harbor and Lake Michigan (ii) Enforcement date and time. The within the arc of a circle with a 1000- second Friday of June; 9 p.m. to 11 p.m. foot radius from the fireworks launch (9) Harborfest Music and Family Fes- site located on a barge in position tival; Racine, WI—(i) Location. All wa- 41°52′41″ N, 087°36′37″ W (NAD 83). ters of Lake Michigan and Racine Har- (ii) Enforcement date and time. July 3; bor, near the Racine Launch Basin En- 9 p.m. to 11 p.m. If the July 3 fireworks trance Light, within the arc of a circle are cancelled due to inclement weath- with a 200-foot radius from the fire- er, then this section will be enforced works launch site located in position July 4; 9 p.m. to 11 p.m. 42°43′43″ N, 087°46′40″ W (NAD 83). (16) U.S. Bank Fireworks; Milwaukee, (ii) Enforcement date and time. Friday WI—(i) Location. All waters of Mil- and Saturday of the third complete waukee Harbor, in the vicinity of Vet- weekend of June; 9 p.m. to 11 p.m. each erans Park, within the arc of a circle day. with a 1000-foot radius from the fire- (10) Jordan Valley Freedom Festival works launch site located on a barge in Fireworks; East Jordan, MI—(i) Location. position 43°02′27″ N, 087°53′45″ W (NAD All waters of Lake Charlevoix, near the 83). City of East Jordan, within the arc of (ii) Enforcement date and time. July 3; a circle with a 1000-foot radius from the 9 p.m. to 11 p.m. If the July 3 fireworks fireworks launch site in position are cancelled due to inclement weath- 45°09′18″ N, 085°07′48″ W (NAD 83). er, then this section will be enforced (ii) Enforcement date and time. Satur- July 4; 9 p.m. to 11 p.m. day of the third weekend of June; 9 (17) National Cherry Festival Fourth of p.m. to 11 p.m. July Celebration Fireworks; Traverse City, (11) Spring Lake Heritage Festival Fire- MI—(i) Location. All waters of the West works; Spring Lake, MI—(i) Location. All Arm of Grand Traverse Bay within the waters of the Grand River, near buoy arc of a circle with a 1000-foot radius 14A, within the arc of a circle with a from the fireworks launch site located 500-foot radius from the fireworks on a barge in position 44°46′12″ N, launch site located on a barge in posi- 085°37′06″ W (NAD 83). tion 43°04′24″ N, 086°12′42″ W (NAD 83). (ii) Enforcement date and time. July 4; (ii) Enforcement date and time. The 9 p.m. to 11 p.m. If the July 4 fireworks third Saturday of June; 9 p.m. to 11 are cancelled due to inclement weath- p.m. er, then this section will be enforced (12) Elberta Solstice Festival Fireworks; July 5; 9 p.m. to 11 p.m. Elberta, MI—(i) Location. All waters of (18) Harbor Springs Fourth of July Cele- Betsie Bay, near Waterfront Park, bration Fireworks; Harbor Springs, MI—

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

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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 (ii) Enforcement date and time. July 4; launch site located in position 41°31′31″ 9 p.m. to 11 p.m. If the July 4 fireworks N, 088°05′15″ W (NAD 83). are cancelled due to inclement weath- (ii) Enforcement date and time. July 3; er, then this section will be enforced 9 p.m. to 11 p.m. If the July 3 fireworks July 5; 9 p.m. to 11 p.m. are cancelled due to inclement weath- (31) South Haven Fourth of July Fire- er, then this section will be enforced works; South Haven, MI. (i) Location. All July 4; 9 p.m. to 11 p.m.

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(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; the south pier, within the arc of a cir- 9 p.m. to 11 p.m. If the July 4 fireworks cle with a 1000-foot radius from the are cancelled due to inclement weath- fireworks launch site located in posi- er, then this section will be enforced tion 43°44′55″ N, 087°41′51″ W (NAD 83). July 5; 9 p.m. to 11 p.m. (ii) Enforcement date and time. July 4; (37) Lakeshore Country Club Independ- 9 p.m. to 11 p.m. If the July 4 fireworks ence Day Fireworks; Glencoe, IL. (i) Lo- are cancelled due to inclement weath- cation. All waters of Lake Michigan er, then this section will be enforced within the arc of a circle with a 1000- July 5; 9 p.m. to 11 p.m. foot radius from the fireworks launch (42) Manitowoc Independence Day Fire- site located in position 42°08′27″ N, works; Manitowoc, WI. (i) Location. All 087°44′57″ W (NAD 83). waters of Lake Michigan and (ii) Enforcement date and time. July 4; Manitowoc Harbor, in the vicinity of 9 p.m. to 11 p.m. If the July 4 fireworks south breakwater, within the arc of a 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°05′24″ N, 087°38′45″ W (NAD 83). (38) Shore Acres Country Club Inde- (ii) Enforcement date and time. July 4; pendence Day Fireworks; Lake Bluff, IL. 9 p.m. to 11 p.m. If the July 4 fireworks (i) Location. All waters of Lake Michi- are cancelled due to inclement weath- gan, approximately one mile north of er, then this section will be enforced Lake Bluff, IL, within the arc of a cir- July 5; 9 p.m. to 11 p.m. cle with a 1000-foot radius from the (43) Sturgeon Bay Independence Day fireworks launch site located in posi- Fireworks; Sturgeon Bay, WI. (i) Loca- tion 42°17′59″ N, 087°50′03″ W (NAD 83). tion. All waters of Sturgeon Bay, in the (ii) Enforcement date and time. July 4; vicinity of Sunset Park, within the arc 9 p.m. to 11 p.m. If the July 4 fireworks of a circle with a 1000-foot radius from are cancelled due to inclement weath- the fireworks launch site located on a er, then this section will be enforced barge in position 44°50′37″ N, 087°23′18″ July 5; 9 p.m. to 11 p.m. W (NAD 83). (39) Kenosha Independence Day Fire- (ii) Enforcement date and time. July 4; works; Kenosha, WI. (i) Location. All wa- 9 p.m. to 11 p.m. If the July 4 fireworks ters of Lake Michigan and Kenosha are cancelled due to inclement weath- Harbor within the arc of a circle with er, then this section will be enforced a 1000-foot radius from the fireworks July 5; 9 p.m. to 11 p.m. launch site located in position 42°35′17″ (44) Fish Creek Independence Day Fire- N, 087°48′27″ W (NAD 83). works; Fish Creek, WI. (i) Location. All (ii) Enforcement date and time. July 4; waters of Green Bay, in the vicinity of 9 p.m. to 11 p.m. If the July 4 fireworks Fish Creek Harbor, within the arc of a 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 on a July 5; 9 p.m. to 11 p.m. barge in position 45°07′52″ N, 087°14′37″ (40) Fourthfest of Greater Racine Fire- W (NAD 83). works; Racine, WI. (i) Location. All wa- (ii) Enforcement date and time. The ters of Lake Michigan and Racine Har- first Saturday after July 4; 9 p.m. to 11 bor, in the vicinity of North Beach, p.m. within the arc of a circle with a 1000- (45) Celebrate Americafest Fireworks; foot radius from the fireworks launch Green Bay, WI. (i) Location. All waters site located in position 42°44′17″ N, of the Fox River between the railroad 087°46′42″ W (NAD 83). bridge located 1.03 miles above the (ii) Enforcement date and time. July 4; mouth of the Fox River and the Main 9 p.m. to 11 p.m. If the July 4 fireworks Street Bridge located 1.58 miles above

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the mouth of the Fox River, including (50) National Cherry Festival Air Show; all waters of the turning basin east to Traverse City, MI. (i) Location. All wa- the mouth of the East River. ters of the West Arm of Grand Traverse (ii) Enforcement date and time. July 4; Bay bounded by a line drawn from 9 p.m. to 11 p.m. If the July 4 fireworks 44°46′48″ N, 085°38′18″ W, then southeast are cancelled due to inclement weath- to 44°46′30″ N, 085°35′30″ W, then south- er, then this section will be enforced west to 44°46′00″ N, 085°35′48″ W, then July 5; 9 p.m. to 11 p.m. northwest to 44°46′30″ N, 085°38′30″ W, (46) Marinette Fourth of July Celebra- then back to the point of origin (NAD tion Fireworks; Marinette, WI. (i) Loca- 83). tion. All waters of the Menominee (ii) Enforcement date and time. Friday, River, in the vicinity of Stephenson Is- Saturday, and Sunday of the first com- land, within the arc of a circle with a plete weekend of July; 12 noon to 4 1000-foot radius from the fireworks p.m. each day. launch site located in position 45°06′09″ (51) National Cherry Festival Finale N, 087°37′39″ W and all waters located Fireworks; Traverse City, MI. (i) Loca- between the Highway U.S. 41 bridge tion. All waters and adjacent shoreline and the Hattie Street Dam (NAD 83). of the West Arm of Grand Traverse Bay (ii) Enforcement date and time. July 4; within the arc of a circle with a 1000- 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- 44°46′12″ N, 085°37′06″ W (NAD 83). er, then this section will be enforced (ii) Enforcement date and time. The July 5; 9 p.m. to 11 p.m. second Saturday of July; 9 p.m. to 11 (47) Evanston Fourth of July Fireworks; p.m. (i) All waters of Evanston, IL. Location. (52) Gary Air and Water Show; Gary, Lake Michigan, in the vicinity of Cen- IN. (i) Location. All waters of Lake tennial Park Beach, within the arc of a Michigan within the arc of a circle circle with a 500-foot radius from the with a 5.75 statute mile radius with its fireworks launch site located in posi- ° ′ ″ ° ′ ″ ° ′ ″ center point in position 41 37 25 N, tion 42 02 56 N, 087 40 21 W (NAD 83). 087°15′42″ W (NAD 83). (ii) Enforcement date and time. July 4; (ii) Enforcement date and time. Friday, 9 p.m. to 11 p.m. If the July 4 fireworks Saturday, and Sunday of the second are cancelled due to inclement weath- weekend of July; from 8 a.m. to 6 p.m. er, then this section will be enforced each day. July 5; 9 p.m. to 11 p.m. (53) Milwaukee Air Expo, Milwaukee, (48) [Reserved] WI. (i) Location. All waters Lake Michi- (49) Muskegon Summer Celebration gan and Milwaukee Harbor located Fireworks; Muskegon, MI. (i) Location. within a 4000-yard by 1000-yard rec- All waters of Muskegon Lake, in the tangle with its major axis bearing ap- vicinity of Heritage Landing, within proximately 030°T located in the north- the arc of a circle with a 1000-foot ra- ern half of Milwaukee Harbor and dius from a fireworks barge located in along the north shore of Milwaukee position 43°14′00″ N, 086°15′50″ W (NAD bounded by the points beginning at 83). 43°01′36″ N, 087°53′02″ W; then northeast (ii) Enforcement date and time. The to 43°03′20″ N, 087°51′40″ W; then north- Sunday following July 4; 9 p.m. to 11 west to 43°03′35″ N, 087°52′16″ W; then p.m. southwest to 43°01′51″ N, 087°53′38″ W; (iii) Impact on Special Anchorage Area the back to the point of origin (NAD regulations: Regulations for that por- 83). tion of the Muskegon Lake East Spe- (ii) Enforcement date and time. Friday, cial Anchorage Area, as described in 33 Saturday, and Sunday of the second CFR 110.81(b), which are overlapped by weekend of July; from 1 p.m. to 5 p.m. this regulation, are suspended during each day. this event. The remaining area of the (54) Annual Trout Festival Fireworks; Muskegon Lake East Special Anchor- Kewaunee, WI. (i) Location. All waters age Area is not impacted by this regu- of Kewaunee Harbor and Lake Michi- lation and remains available for an- gan within the arc of a circle with a choring during this event. 1000-foot radius from the fireworks

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launch site located in position 44°27′29″ (ii) Enforcement date and time. Friday 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) Location. All waters of Lake Winnebago (56) Port Washington Fish Day Fire- bounded by a line drawn from 43°57′30″ works; Port Washington, WI. (i) Location. N, 088°30′00″ W; then south to 43°56′56″ All waters of Port Washington Harbor N, 088°29′53″ W, then east to 43°56′40″ N, and Lake Michigan, in the vicinity of 088°28′40″ W; then north to 43°57′30″ N, the WE Energies coal dock, within the 088°28′40″ W; then west returning to the arc of a circle with a 1000-foot radius point of origin (NAD 83). from the fireworks launch site located (ii) Enforcement date and time. The in position 43°23′07″ N, 087°51′54″ W last complete week of July, beginning (NAD 83). Monday and ending Sunday; from 8 (ii) Enforcement date and time. The a.m. to 8 p.m. each day. third Saturday of July; 9 p.m. to 11 (62) Charlevoix Venetian Festival Satur- p.m. day Night Fireworks; Charlevoix, MI. (i) (57) Bay View Lions Club South Shore Location. All waters of Round Lake Frolics Fireworks; Milwaukee, WI. (i) Lo- within the arc of a circle with a 300- cation. All waters of Milwaukee Harbor foot radius from the fireworks launch and Lake Michigan, in the vicinity of site located on a barge in position South Shore Park, within the arc of a 45°19′03″ N, 085°15′18″ W (NAD 83). circle with a 500-foot radius from the (ii) Enforcement date and time. Satur- fireworks launch site in position day of the fourth weekend of July; 9 ° ′ ″ ° ′ ″ 42 59 42 N, 087 52 52 W (NAD 83). p.m. to 11 p.m. (ii) Enforcement date and time. Friday, (63) Venetian Night Fireworks; Saturday, and Sunday of the second or Saugatuck, MI. (i) Location. All waters third weekend of July; 9 p.m. to 11 p.m. of Kalamazoo Lake within the arc of a each day. circle with a 500-foot radius from the (58) Venetian Festival Fireworks; St. Jo- fireworks launch site located on a seph, MI. (i) Location. All waters of barge in position 42°38′52″ N, 086°12′18″ Lake Michigan and the St. Joseph W (NAD 83) River, near the east end of the south (ii) Enforcement date and time. The pier, within the arc of a circle with a last Saturday of July; 9 p.m. to 11 p.m. 1000-foot radius from the fireworks (64) Roma Lodge Italian Festival Fire- launch site located in position 42°06′48″ works; Racine, WI. (i) Location. All wa- N, 086°29′15″ W (NAD 83). ters of Lake Michigan and Racine Har- (ii) Enforcement date and time. Satur- bor within the arc of a circle with a day of the third complete weekend of 1000-foot radius from the fireworks July; 9 p.m. to 11 p.m. launch site located in position 42°44′04″ (59) Joliet Waterway Daze Fireworks; N, 087°46′20″ W (NAD 83). Joliet, IL. (i) Location. All waters of the (ii) Enforcement date and time. Friday Des Plaines River, at mile 287.5, within and Saturday of the last complete the arc of a circle with a 300-foot radius weekend of July; 9 p.m. to 11 p.m. from the fireworks launch site located (65) Venetian Night Fireworks; Chicago, in position 41°31′15″ N, 088°05′17″ W IL. (i) Location. All waters of Monroe (NAD 83). Harbor and Lake Michigan within the

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arc of a circle with a 1000-foot radius fireworks launch site located in posi- from the fireworks launch site located tion 41°41′53″ N, 087°30′43″ W (NAD 83). on a barge in position 41°52′41″ N, (ii) Enforcement date and time. The 087°36′37″ W (NAD 83). first Saturday of August; 9 p.m. to 11 (ii) Enforcement date and time. Satur- p.m. day of the last weekend of July; 9 p.m. (72) North Point Marina Venetian Fes- to 11 p.m. tival Fireworks; Winthrop Harbor, IL. (i) (66) Port Washington Maritime Heritage Location. All waters of Lake Michigan Festival Fireworks; Port Washington, WI. within the arc of a circle with a 1000- (i) Location. All waters of Port Wash- foot radius from the fireworks launch ington Harbor and Lake Michigan, in site located in position 42°28′55″ N, the vicinity of the WE Energies coal 087°47′56″ W (NAD 83). dock, within the arc of a circle with a (ii) Enforcement date and time. The 1000-foot radius from the fireworks second Saturday of August; 9 p.m. to 11 launch site located in position 43°23′07″ p.m. N, 087°51′54″ W (NAD 83). (73) Waterfront Festival Fireworks; Me- (ii) Enforcement date and time. Satur- nominee MI. (i) Location. All waters of day of the last complete weekend of Green Bay, in the vicinity of Menom- July or the second weekend of August; inee Marina, within the arc of a circle 9 p.m. to 11 p.m. with a 1000-foot radius from a fireworks ° ′ ″ ° ′ ″ (67) [Reserved] barge in position 45 06 17 N, 087 35 48 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. of Grand Traverse Bay, in the vicinity (76) New Buffalo Ship and Shore Fes- of Edward G. Grace Memorial Park, tival Fireworks; New Buffalo, MI. (i) Lo- within the arc of a circle with a 1000- cation. All waters of Lake Michigan foot radius from the fireworks launch and New Buffalo Harbor within the arc site located in position 44°53′58″ N, of a circle with a 1000-foot radius from 085°25′04″ W (NAD 83). the fireworks launch site located in po- (ii) Enforcement date and time. The sition 41°48′09″ N, 086°44′49″ W (NAD 83). first Saturday of August; 9 p.m. to 11 (ii) Enforcement date and time. The p.m. second Sunday of August; 9 p.m. to 11 (71) Hammond Marina Venetian Night p.m. Fireworks; Hammond, IN. (i) Location. (77) Pentwater Homecoming Fireworks; All waters of Hammond Marina and Pentwater, MI. (i) Location. All waters Lake Michigan within the arc of a cir- of Lake Michigan and the Pentwater cle with a 1000-foot radius from the Channel within the arc of a circle with

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a 1000-foot radius from the fireworks (2) All persons and vessels must com- launch site located in position ply with the instructions of the Coast 43°46′56.5″ N, 086°26′38″ W (NAD 83). Guard Captain of the Port or a des- (ii) Enforcement date and time. Satur- ignated representative. Upon being day following the second Thursday of hailed by the U.S. Coast Guard by August; 9 p.m. to 11 p.m. siren, radio, flashing light or other (78) Chicago Air and Water Show; Chi- means, the operator of a vessel shall cago, IL. (i) Location. All waters and ad- proceed as directed. jacent shoreline of Lake Michigan and (3) All vessels must obtain permis- Chicago Harbor bounded by a line sion from the Captain of the Port or a drawn from 41°55′54″ N at the shoreline, designated representative to enter, then east to 41°55′54″ N, 087°37′12″ W, move within or exit the safety zone es- then southeast to 41°54′00″ N, 087°36′00″ tablished in this section when this W (NAD 83), then southwestward to the safety zone is enforced. Vessels and northeast corner of the Jardine Water persons granted permission to enter Filtration Plant, then due west to the the safety zone shall obey all lawful or- shore. ders or directions of the Captain of the (ii) Enforcement date and time. The Port or a designated representative. third Thursday, Friday, Saturday, and While within a safety zone, all vessels Sunday of August; from 9 a.m. to 6 p.m. shall operate at the minimum speed each day. necessary to maintain a safe course. (79) [Reserved] (d) Suspension of Enforcement. If the (80) Downtown Milwaukee BID 21 Fire- event concludes earlier than scheduled, works; Milwaukee, WI. (i) Location. All the Captain of the Port or a designated waters of the Milwaukee River between representative will issue a Broadcast the Kilbourn Avenue Bridge at 1.7 Notice to Mariners notifying the public miles above the Milwaukee Pierhead when enforcement of the safety zone Light to the State Street Bridge at 1.79 established by this section is sus- miles above the Milwaukee Pierhead pended. Light. (e) Exemption. Public vessels as de- (ii) Enforcement date and time. The fined in paragraph (b) of this section third Thursday of November; 6 p.m. to are exempt from the requirements in 8 p.m. this section. (81) New Years Eve Fireworks; Chicago, (f) Wavier. For any vessel, the Cap- IL. (i) Location. All waters of Monroe tain of the Port Lake Michigan or a Harbor and Lake Michigan within the designated representative may waive arc of a circle with a 1000-foot radius any of the requirements of this section, from the fireworks launch site located upon finding that operational condi- on a barge in position 41°52′41″ N, tions or other circumstances are such 087°36′37″ W (NAD 83). that application of this section is un- (ii) Enforcement date and time. Decem- necessary or impractical for the pur- ber 31; 11 p.m. to January 1; 1 a.m. poses of safety or environmental safe- (b) Definitions. The following defini- ty. tions apply to this section: [CGD09–07–005, 72 FR 32183, June 12, 2007] (1) Designated representative means any Coast Guard commissioned, war- § 165.931 Safety Zone, Chicago Harbor, rant, or petty officer designated by the Navy Pier Southeast, Chicago, IL. Captain of the Port Lake Michigan to (a) Location. The following area is a monitor this safety zone, permit entry safety zone: The waters of Lake Michi- into this zone, give legally enforceable gan within Chicago Harbor between the orders to persons or vessels within this east end of the Chicago Lock guide zones and take other actions author- wall and the Chicago Harbor break- ized by the Captain of the Port. water beginning at 41°53′24″ N, 087°35′26″ (2) Public vessel means vessels W; then south to 41°53′09″ N, 087°35′26″ owned, chartered, or operated by the W; then east to 41°53′09″ N, 087°36′09″ W; United States, or by a State or polit- then north to 41°53′24″ N, 087°36′09″ W; ical subdivision thereof. then back to the point of origin. (c) Regulations. (1) The general regu- (b) Definitions. The following defini- lations in 33 CFR 165.23 apply. tions apply to this section:

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(1) Designated representative means are exempt from the requirements in any Coast Guard commissioned, war- this section. rant, or petty officer designated by the (f) Waiver. For any vessel, the Cap- Captain of the Port Lake Michigan to tain of the Port Lake Michigan or a monitor this safety zone, permit entry designated representative may waive into this zone, give legally enforceable any of the requirements of this section, orders to persons or vessels within this upon finding that operational condi- zone and take other actions authorized tions or other circumstances are such by the Captain of the Port. that application of this section is un- (2) Public vessel means vessels owned, necessary or impractical for the pur- chartered, or operated by the United poses of safety or environmental safe- States, or by a State or political sub- ty. division thereof. [CGD09–07–006, 72 FR 32521, June 13, 2007] (c) Regulations. (1) The general regulations in 33 CFR 165.23 apply. § 165.933 Safety Zone, Chicago Harbor, (2) All persons and vessels must com- Navy Pier East, Chicago, IL. ply with the instructions of the Coast (a) Location. The following area is a Guard Captain of the Port or a des- safety zone: The waters of Lake Michi- ignated representative. Upon being gan within Chicago Harbor between the hailed by the U.S. Coast Guard by east end of Navy Pier and the Chicago siren, radio, flashing light or other Harbor breakwater beginning at means, the operator of a vessel shall 41°53′37″ N, 087°35′26″ W; then south to ° ′ ″ ° ′ ″ proceed as directed. 41 53 24 N, 087 35 26 W; then east to 41°53′24″ N, 087°35′55″ W; then north to (3) All vessels must obtain permis- ° ′ ″ ° ′ ″ sion from the Captain of the Port or a 41 53 37 N, 087 35 55 W; then back to the point of origin. designated representative to enter, (b) Definitions. The following defini- move within or exit the safety zone es- tions apply to this section: tablished in this section when this (1) Designated representative means safety zone is enforced. Vessels and any Coast Guard commissioned, war- persons granted permission to enter rant, or petty officer designated by the the safety zone shall obey all lawful or- Captain of the Port Lake Michigan to ders or directions of the Captain of the monitor this safety zone, permit entry Port or a designated representative. into this zone, give legally enforceable While within a safety zone, all vessels orders to persons or vessels within this shall operate at the minimum speed zones and take other actions author- necessary to maintain a safe course. ized by the Captain of the Port. (d) Notice of Enforcement or Suspension (2) Public vessel means vessels owned, of Enforcement. The safety zone estab- chartered, or operated by the United lished by this section will be enforced States, or by a State or political sub- only upon notice of the Captain of the division thereof. Port. The Captain of the Port will (c) Regulations. (1) The general regu- cause notice of enforcement of the lations in 33 CFR 165.23 apply. safety zone established by this section (2) All persons and vessels must com- to be made by all appropriate means to ply with the instructions of the Coast the affected segments of the public in- Guard Captain of the Port Lake Michi- cluding publication in the FEDERAL gan or a designated representative. REGISTER as practicable, in accordance Upon being hailed by the U.S. Coast with 33 CFR 165.7(a). Such means of no- Guard by siren, radio, flashing light or tification may also include, but are not other means, the operator of a vessel limited to Broadcast Notice to Mari- shall proceed as directed. ners or Local Notice to Mariners. The (3) All vessels must obtain permis- Captain of the Port will issue a Broad- sion from the Captain of the Port Lake cast Notice to Mariners notifying the Michigan or a designated representa- public when enforcement of the safety tive to enter, move within or exit the zone established by this section is sus- safety zone established in this section pended. when this safety zone is enforced. Ves- (e) Exemption. Public vessels as de- sels and persons granted permission to fined in paragraph (b) of this section enter the safety zone shall obey all

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

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are exempt from the requirements in (ii) Enforcement date. This section is this section. effective from 9:30 p.m. to 10:30 p.m. on (f) Waiver. For any vessel, the Cap- the first weekend of July each year. tain of the Port Lake Michigan or a (5) Celebrate Baldwinsville Fireworks, designated representative may waive Baldwinsville, NY. any of the requirements of this section, (i) Location. All waters of the Seneca upon finding that operational condi- River within a 500-foot radius of land tions or other circumstances are such position: 43°09′21″ N, 076°20′01″ W. that application of this section is un- (DATUM: NAD 83). necessary or impractical for the pur- (ii) Enforcement date. This section is poses of safety or environmental safe- effective from 9:30 p.m. to 10 p.m. on ty. the third weekend of September each year. [CGD09–07–008, 72 FR 32523, June 13, 2007] (6) Island Festival Fireworks Display, § 165.939 Safety Zones; Annual Fire- Baldwinsville, NY. works Events in the Captain of the (i) Location. All waters of the Seneca Port Buffalo Zone. River within a 500-foot radius of land position: 43°09′25″ N, 076°20′21″ W; in (a) Safety zones. The following areas Baldwinsville, NY. (DATUM: NAD 83). are designated Safety zones and are (ii) Enforcement date. This section is listed geographically from New York to effective from 10 p.m. to 10:30 p.m. on Ohio. the first weekend of July each year. (1) Boldt Castle 4th of July Fireworks, (7) Seneca River Days, Baldwinsville, Heart Island, NY. NY. (i) Location. All waters of the St. (i) Location. All waters of the Seneca Lawrence River within a 500-foot ra- River within a 500-foot radius of land ° ′ ″ dius of the land position: 44 20 39 N, position: 43°09′25″ N, 076°20′21″ W; in ° ′ ″ 075 55 16 W; at Heart Island, NY. Baldwinsville, NY. (DATUM: NAD 83). (DATUM: NAD 83). (ii) Enforcement date. This section is (ii) Enforcement date. This section is effective from 9:30 p.m. to 10:30 p.m. on effective from 9 p.m. to 10 p.m. on July the first weekend of July each year. 4 of each year. (8) Oswego Harborfest, Oswego, NY. (2) Clayton Chamber of Commerce Fire- (i) Location. All waters of Lake On- works, Calumet Island, NY. tario within a 1,000-foot radius of barge (i) Location. All waters of the St. position 43°28′10″ N, 076°31′04″ W; in Lawrence River within a 500-foot ra- Oswego, NY. (DATUM: NAD 83). dius of land position: 44°15′05″ N, (ii) Enforcement date. This section is 076°05′35″ W; in Calumet Island Harbor, effective from 9 p.m.to 10 p.m. on the NY. (DATUM: NAD 83). last Saturday in July each year. (ii) Enforcement date. This section is (9) Village Fireworks, Sodus Point, NY. effective from 9 p.m. to 10 p.m. on July (i) Location. All waters of Sodus Bay 1 of each year. within a 500-foot radius of land posi- (3) French Festival Fireworks, Cape tion: 43°16′27″ N, 076°58′27″ W; in Sodus Vincent, NY. Point, NY. (DATUM: NAD 83). (i) Location. All waters of the St. (ii) Enforcement date. This section is Lawrence River within a 500-foot ra- effective from 10 p.m. to 10:30 p.m. on dius of land position: 44°07′53″ N, the first Saturday in July each year. 076°20′02″ W. (DATUM: NAD 83). (10) City of Syracuse Fireworks Celebra- (ii) Enforcement date. This section is tion, Syracuse, NY. effective from 9:30 p.m. to 10:30 p.m. on (i) Location. All waters of Onondaga the first or second weekend of July Lake within a 350-foot radius of land each year. position 43°03′37″ N, 076°09′59″ W; in Syr- (4) Brewerton Fireworks, Brewerton, acuse, NY. (DATUM: NAD 83). NY. (ii) Enforcement date. This section is (i) Location. All waters of Lake Onei- effective from 9:30 p.m. to 10:30 p.m. on da within a 500-foot radius of barge po- the last weekend in June each year. sition: 43°14′15″ N, 076°08′03″ W; in (11) Tom Graves Memorial Fireworks, Brewerton, NY. (DATUM: NAD 83). Port Bay, NY.

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(i) Location. All waters of Port Bay radius of land position: 41°45.500′ N, within a 500-foot radius of barge posi- 081°16.300′ W; east of the harbor en- tion: 43°17′46″ N, 076°50′02″ W; in Port trance at Fairport Harbor Beach, OH. Bay, NY. (DATUM: NAD 83). (DATUM: NAD 83). (ii) Enforcement date. This section is (ii) Enforcement date. This section is effective from 10 p.m. to 10:30 p.m. on effective from 9:45 p.m. to 11 p.m. on the first weekend in July each year. the first Saturday of July each year. (12) Rochester Harbor and Carousel Fes- (18) Lake County Perchfest Fireworks, tival, Rochester, NY. Fairport, OH. (i) Location. All waters of Lake On- (i) Location. All waters of Fairport tario within a 500-foot radius of land Harbor and Lake Erie within a 300-yard position: 43°15′21″ N, 077°36′19″ W in radius of land position: 41°45.500′ N, Rochester, NY. (DATUM: NAD 83). 081°16.300′ W; in Fairport, OH. (DATUM: (ii) Enforcement date. This section is NAD 83). effective from 8 p.m. to 10 p.m. on June (ii) Enforcement date. This section is 24th of each year. effective from 9:45 p.m. to 11 p.m. on (13) North Tonawanda Fireworks Dis- the second weekend in September each play, Tonawanda, NY. year. (i) Location. All waters of the East (19) Mentor Harbor Yacht Club Fire- Niagara River within a 500-foot radius works, Mentor Harbor, OH. of a barge located at position: 43°01′12″ (i) Location. All waters of Lake Erie N, 078°53′36″ W; in North Tonawanda, and Mentor Harbor within a 200-yard NY. (DATUM: NAD 83). radius of 41°43.200′ N, 081°21.400′ W (west (ii) Enforcement date. This section is of the harbor entrance); in Mentor Har- effective from 9:45 p.m. to 10:15 p.m. on bor, OH. (DATUM: NAD 83). July 4th of each year. (ii) Enforcement date. This section is (14) Tonawanda’s Canal Fest Fire- effective from 9:45 p.m. to 11 p.m. on works, Tonawanda, NY. the first weekend in July each year. (i) Location. All waters of the East (20) Browns Football Halftime Fire- Niagara River within a 500-foot radius works, Cleveland, OH. of barge position: 43°01′12″ N, 078°53′36″ (i) Location. All navigable waters of W; in Tonawanda, NY. (DATUM: NAD Cleveland Harbor and Lake Erie begin- 83). ning in approximate land position: (ii) Enforcement date. This section is 41°30.823′ N, 081°41.620′ W (the northwest effective from 9:30 p.m. to 10:30 p.m. on corner of Burke Lakefront Airport); the fourth Sunday in July each year. continuing northwest to 41°31.176′ N, (15) Celebrate Erie Fireworks, Erie, PA. 081°41.884′ W; then southwest to (i) Location. All waters of Presque 41°30.810′ N, 081°42.515′ W; then south- Isle Bay within an 800-foot radius of east to 41°30.450′ N, 081°42.222′ W (the land position: 42°08′19″ N, 080°05′29″ W; northwest corner of dock 28 at the at the end of Dobbins Landing Pier, Cleveland Port Authority) then north- Erie, PA. (DATUM: NAD 83). east back to the starting point at (ii) Enforcement date. This section is 41°30.823′ N, 081°41.620′ W. (DATUM: effective from 9:45 p.m. to 10:30 p.m. on NAD 83). the third weekend in August each year. (ii) Enforcement date. This section is (16) Ashtabula Area Fireworks, Walnut effective on a Sunday during the sec- Beach, Ashtabula, OH. ond or third Cleveland Brown’s home (i) Location. All waters of Lake Erie game each year. and Ashtabula Harbor within a 300-yard (21) City of Cleveland 4th of July Fire- radius of land position: 41°54.167′ N, works, Cleveland, OH. 080°48.416′ W; in Ashtabula, OH. (i) Location. All navigable waters of (DATUM: NAD 83). Cleveland Harbor and Lake Erie within (ii) Enforcement date. This section is a 400-yard radius of Main Entrance effective from 9:45 p.m. to 11 p.m. on Light 5 (LLNR 4180) at position: the second weekend in July each year. 41°30.23′ N, 081°42.7′ W; in Cleveland, OH (17) Fairport Harbor Mardi Gras, (DATUM: NAD 83). Fairport Harbor, OH. (ii) Enforcement date. This section is (i) Location. All waters of Fairport effective from 9:45 p.m. to 11 p.m. on Harbor and Lake Erie within a 300-yard the first weekend in July each year.

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(22) Dollar Bank Jamboree Fireworks (ii) Enforcement date. This section is Display, Cleveland, OH. effective from 9:45 p.m. to 11 p.m. on (i) Location. All navigable waters of the third weekend in July each year. Cleveland Harbor and Lake Erie begin- (b) Definitions. The following defini- ning at land position: 41°30.823′ N, tions apply to this section: 081°41.620′ W (the northwest corner of (1) Designated Representative means Burke Lakefront Airport); continuing any Coast Guard commissioned, war- northwest to 41°31.176′ N, 081°41.884′ W; rant, or petty officer designated by the then southwest to 41°30.810′ N, Captain of the Port Buffalo to monitor 081°42.515′ W; then southeast to a safety zone, permit entry into the 41°30.450′ N, 081°42.222′ W (the northwest zone, give legally enforceable orders to corner of dock 28 at the Cleveland Port persons or vessels within the zones, and Authority) then northeast back to the take other actions authorized by the starting point at 41°30.823′ N, 081°41.620′ Captain of the Port. W. (DATUM: NAD 83). (2) Public vessel means vessels owned, chartered, or operated by the United (ii) Enforcement date. This section is States, or by a State or political sub- effective from 9:45 p.m. to 11 p.m. on division thereof. the first weekend in July each year. (c) Regulations. (1) In accordance with (23) Lakewood City Fireworks Display, the general regulations in section Lakewood, OH. 165.23 of this part, entry into, (i) Location. All waters of Lake Erie transiting, or anchoring within this within a 200-yard radius of land posi- safety zone is prohibited unless author- tion: 41°29.755′ N, 081°47.780′ W (off of ized by the Captain of the Port Buffalo, Lakewood Park); in Lakewood, OH. or his designated representative. (DATUM: NAD 83). (2)(i) These safety zones are closed to (ii) Enforcement date. This section is all vessel traffic, except as may be per- effective from 9:45 p.m. to 11 p.m. on mitted by the Captain of the Port Buf- the first weekend in July each year. falo or his designated representative. (24) Cleveland Yachting Club Fireworks (ii) All persons and vessels must com- Display, Rocky River, OH. ply with the instructions of the Coast (i) Location. All waters of the Rocky Guard Captain of the Port or his des- River and Lake Erie within a 200-yard ignated representative. radius of land position 41°29.428′ N, (iii) Upon being hailed by the U.S. 081°50.309′ W (DATUM: NAD 83) at Sun- Coast Guard by siren, radio, flashing set Point on the western side of the light or other means, the operator of a mouth of the Rocky River in Cleve- vessel shall proceed as directed. land, OH. (3)(i)All vessels must obtain permis- (ii) Enforcement date. This section is sion from the Captain of the Port or effective from 9:45 p.m. to 11 p.m. on his designated representative to enter, the third weekend in July each year. move within, or exit the safety zone established in this section when this (25) Lorain 4th of July Celebration Fire- safety zone is enforced. works Display, Lorain, OH. (ii) Vessels and persons granted per- (i) Location. All waters of Lorain Har- mission to enter the safety zone must bor within a 300-yard radius of land po- obey all lawful orders or directions of ° ′ ° ′ sition 41 28.591 N, 082 10.855 W the Captain of the Port or a designated (DATUM: NAD 83), east of the harbor representative. entrance on the end of the break wall (iii) While within a safety zone, all near Spitzer’s Marina. vessels must operate at the minimum (ii) Enforcement date. This section is speed necessary to maintain a safe effective from 9:45 p.m. to 11 p.m. on course. the first weekend in July each year. (d) Exemption. Public vessels, as de- (26) Lorain Port Fest Fireworks Dis- fined in paragraph (b) of this section, play, Lorain, OH. are exempt from the requirements in (i) Location. All waters of Lorain Har- this section. bor within a 250-yard radius of land po- (e) Waiver. For any vessel, the Cap- sition: 41°28.040′ N, 082°10.365′ W; in Lo- tain of the Port Buffalo or his des- rain, OH (DATUM: NAD 83). ignated representative may waive any

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of the requirements of this section, works launch site located at position upon finding that operational condi- 44°1.4′ N, 083°40.4′ W (NAD 83). This area tions or other circumstances are such is located at the end of the pier near that application of this section is un- the end of Riverside Drive in Au Gres, necessary or impractical for the pur- MI. poses of public or environmental safe- (ii) Expected date: One evening during ty. the last week in June or the first week (f) Notification. The Captain of the in July. The exact dates and times for Port Buffalo will notify the public that this event will be determined annually. that the zones in this proposal are or (4) The Old Club Fireworks, Harsens will be enforced by all appropriate Island, MI: means to the affected segments of the (i) Location: All waters of Lake St. public including publication in the Clair within an 850-foot radius of the FEDERAL REGISTER as practicable, in fireworks launch site located at posi- accordance with 33 CFR 165.7(a). Such tion 42°32.4′ N, 082°40.1′ W (NAD 83). means of notification may also include, This area is located near the southern but are not limited to Broadcast Notice end of Harsen’s Island, MI. to Mariners or Local Notice to Mari- (ii) Expected date: One evening during ners. The Captain of the Port will issue the last week of June or the first week a Broadcast Notice to Mariners noti- of July. The exact dates and times for fying the public when enforcement of this event will be determined annually. the safety zone established by this sec- (5) Alpena Fireworks, Alpena, MI: tion is cancelled. (i) Location: All waters of Lake Huron [USCG–2008–0219, 73 FR 28705, May 19, 2008] within an 800-foot radius of the fireworks launch site located at position § 165.941 Safety Zones; Annual Fire- 45°2.7′ N, 083°26.8′ W (NAD 83). This area works Events in the Captain of the is located near the end of Mason Port Detroit Zone. Street, South of State Avenue, in (a) Safety Zones. The following areas Alpena, MI. are designated Safety zones: (1) (ii) Expected date: One evening during Roostertail Fireworks (barge), Detroit, the last week in of June or the first MI: week of July. The exact dates and (i) Location: All waters of the Detroit times for this event will be determined River within a 300-foot radius of the annually. fireworks launch site located at posi- (6) Put-In-Bay Fourth of July Fire- tion 42°21′16.67″ N, 082°58′20.41″ W. (NAD works, Put-In-Bay, OH: 83). This area is located between De- (i) Location: All waters of Lake Erie troit and Belle Isle near the within a 1000-foot radius of the fire- Roostertail restaurant. works launch site located at position (ii) Expected date: One evening during 41°39.7′ N, 082°48.0′ W (NAD 83). This the third week in July. The exact dates area is located in Put-In-Bay Harbor. and times for this event will be deter- (ii) Expected date: One evening during mined annually. the first week of July. The exact dates (2) Washington Township and times for this event will be deter- Summerfest Fireworks, Toledo, OH: mined annually. (i) Location: All waters of the Ottawa (7) Gatzeros Fireworks, Grosse Point River within a 600-foot radius of the Park, MI: fireworks launch site located at posi- (i) Location: All waters of Lake St. tion 41°43′29″ N, 083°28′47″ W (NAD 83). Clair within a 300-foot radius of the This area is located at the Fred C. fireworks launch site located at posi- Young Bridge, Toledo, OH. tion 42° 22.6′ N, 082°54.8′ W (NAD 83). (ii) Expected date: One evening during This area is located near Grosse Point the last week in June or the first week Park, MI. in July. The exact dates and times for (ii) Expected date: One evening during this event will be determined annually. the first week in July. The exact dates (3) Au Gres City Fireworks, Au Gres, and times for this event will be deter- MI: mined annually. (i) Location: All waters of Saginaw (8) Harrisville Fireworks, Harrisville, Bay within a 700-foot radius of the fire- MI:

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(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 (13) Detroit International Jazz Fes- 44°39.7′ N, 083°17.0′ W (NAD 83). This tival Fireworks, Detroit, MI: area is located at the end of the break (i) Location: All waters of the Detroit wall at the Harrisville harbor in Har- River within a 560-foot radius of the risville, MI. fireworks launch site located at posi- (ii) Expected date: One evening during tion 42°19.6′ N, 83°2.6′ W (NAD 83). This the first week in July. The exact dates area is located in the Detroit River be- and times for this event will be deter- tween Cobo Hall and the GM Head- mined annually. quarters in Detroit, MI. (9) Harbor Beach Fireworks, Harbor (ii) Expected date: One evening during Beach, MI: the last week in August or the first (i) Location: All waters of Lake Huron week in September. The exact dates within a 700-foot radius of the fire- and times for this event will be deter- works launch site located at position mined annually. 43°50.8′ N, 082° 38.6′ W (NAD 83). This (14) Marine City Maritime Festival area is located at the end of the rail- Fireworks, Marine City, MI: road pier east of the end of State (i) Location: All waters of the St. Street in Harbor Beach, MI. Clair River within an 840-foot radius of (ii) Expected date: One evening during the fireworks launch site located at po- the second week in July. The exact sition 42°42.9′ N, 082°29.1′ W (NAD 83). dates and times for this event will be This area is located east of Marine determined annually. City. (10) Trenton Rotary Roar on the (ii) Expected date: One evening during River Fireworks, Trenton, MI: the third week in September. The exact (i) Location: All waters of the Detroit dates and times for this event will be River within a 420-foot radius of the determined annually. fireworks launch site located at posi- (15) Schoenith Family Foundation tion 42°7.8′ N, 083°10.4 ′ W (NAD 83). This Fireworks, Detroit, MI: area is located between Grosse Ile and (i) Location: All waters of the Detroit Elizabeth Park in Trenton, MI. River, within a 210-foot radius of the (ii) Expected date: One evening during fireworks launch site located at posi- the third week in July. The exact dates tion 42°21.2′ N, 82°58.4′ W. (NAD 83). This and times for this event will be deter- area is located between Detroit and mined annually. Belle Isle. (11) Nautical Mile Venetian Festival (ii) Expected date: One evening during Fireworks, St. Clair Shores, MI: the third week in September. The exact (i) Location: All waters of Lake St. dates and times for this event will be Clair within a 210-foot radius of the determined annually. fireworks launch site located at posi- (16) Toledo Country Club Memorial tion 42°28.2′ N, 082°52.5′ W (NAD 83). Celebration and Fireworks, Toledo, OH: This area is located near Jefferson (i) Location: All waters of the Beach Marina in St. Clair Shores, MI. Maumee River, within a 250-yard radius (ii) Expected date: One evening during of the fireworks launch site located on the second week in August. The exact shore at position 41°35′12.58″ N, dates and times for this event will be 83°36′16.58″ W. (NAD 83). This area is lo- determined annually. cated at the Toledo Country Club’s (12) Cheeseburger Festival Fireworks, 18th Green and encompasses the fire- Caseville, MI: works launch site. (i) Location: All waters of Lake Huron (ii) Expected date: One evening during within a 300-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- 43°56.9′ N, 083°17.2′ W (NAD 83). This mined annually. area is located near the break wall lo- (17) Luna Pier Fireworks Show, Luna cated at Caseville County Park, Pier, MI: Caseville, MI. (i) Location: All waters of Lake Erie, (ii) Expected date: One evening during within a 300-yard radius of the fire- the second week in August. The exact works launch site located at position

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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 lo- (23) Red, White and Blues Bang Fire- cated at the Toledo Country Club’s works, Huron, OH: 18th Green and encompasses the fire- (i) Location: All waters of the Huron works launch site. River, within a 300-yard radius of the (ii) Expected date: One evening during fireworks launch site located at posi- ° ′ ″ ° ′ ″ the first week in July. The exact dates tion 41 23 29 N, 82 32 55 W. (NAD 83). and times for this event will be deter- This position is located at the Huron mined annually. Ore Docks in Huron, OH. (19) Pharm Lights Up The Night Fire- (ii) Expected date: One evening during works, Toledo, OH: the first week in July. The exact dates and times for this event will be deter- (i) Location: All waters of the mined annually. Maumee River, within a 300-yard radius (24) Huron Riverfest Fireworks, of the fireworks launch site located at Huron, OH: position 41°38′35″ N, 83°31′54″ W. (NAD (i) Location: All waters of Huron Har- 83). This position is located at the bow bor, within a 350-foot radius of the fire- of the museum ship SS WILLIS B. works launch site located at the Huron BOYER. Ore Docks at position 41°23′38″ N, (ii) Expected date: One day evening 82°32′59″ W. (NAD 83). during the first or second weeks in (ii) Expected date: One evening during July. The exact dates and times for the second week in July. The exact this event will be determined annually. dates and times for this event will be (20) Perrysburg/Maumee 4th of July determined annually. Fireworks, Perrysburg, OH: (25) Kellys Island, Island Fest Fire- (i) Location: All waters of the works, Kellys Island, OH: Maumee River, within an 850-foot ra- (i) Location: All waters of Lake Erie, dius of the fireworks launch site lo- within a 300-yard radius of the fire- cated at position 41°33′27″ N, 83°38′59″ W. works launch site located at position (NAD 83). This position is located at 41°35′43″ N, 82°43′30″ W. (NAD 83). This the Perrysburg/Maumee Hwy 20 Bridge. position is located at the old Neuman (ii) Expected date: One evening during Boat Line Dock. the first week in July. The exact dates (ii) Expected date: One evening during and times for this event will be deter- the third or fourth weeks in July. The mined annually. exact dates and times for this event (21) Lakeside July 4th Fireworks, will be determined annually. Lakeside, OH: (26) Riverfest at the International (i) Location: All waters of Lake Erie, Docks, Toledo, OH: within a 560-foot radius of the fire- (i) Location: All waters of the works launch site located at position Maumee River, extending from the bow 41°32′52″ N, 82°45′03″ W. (NAD 83). This of the museum ship SS WILLIS B. position is located at the Lakeside As- BOYER (41°38′35″ N, 83°31′54″ W), then sociation Dock. north/north-east to the south end of (ii) Expected date: One evening during the City of Toledo Street (41°38′51″ N, the first week in July. The exact dates 83°31′50″ W), then south-west to the red and times for this event will be deter- nun buoy #64 (41°38′48″ N, 83°31′58″), mined annually. then south/south-east back to the point

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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). (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. (29) Catawba Island Club Fireworks, (34) Port Austin Fireworks, Port Aus- Catawba Island, OH: tin, MI: (i) Location: All waters of Lake Erie, within a 300-yard radius of the fire- (i) Location: All waters of Lake works launch site located at position Huron, off the Port Austin break wall 41°34′20″ N, 82°51′18″ W. (NAD 83). This within a 300-yard radius of the fire- position is located at the northwest works launch site located at position ° ′ ° ′ end of the Catawba Cliffs Harbor Light 42 03 N, 082 40 W. (NAD 83). Pier. (ii) Expected date: One evening during (ii) Expected date: One evening during the first week in July. The exact dates the first week in September. The exact and times for this event will be deter- dates and times for this event will be mined annually. determined annually. (35) City of Wyandotte Fireworks, (30) Bay-Rama Fishfly Festival Fire- Wyandotte, MI: works, New Baltimore, MI: (i) Location: All waters of the Detroit (i) Location: All waters of Lake St. River, off the break wall between Oak Clair-Anchor Bay, off New Baltimore and Van Alstyne St., within a 300-yard City Park, within a 300-yard radius of radius of the fireworks launch site lo- the fireworks launch site located at po- cated at position 42°12′ N, 083°09′ W. sition 42°41′ N, 082°44′ W (NAD 83). (NAD 83). (ii) Expected date: One evening during (ii) Expected date: One evening during the first week in June. The exact dates the first week in July. The exact dates and times for this event will be deter- and times for this event will be determined annually. mined annually. (31) Lake Erie Metropark Fireworks, (36) Grosse Pointe Farms Fireworks, Gibraltar, MI: Grosse Point Farms, MI: (i) Location: All waters of Lake Erie, (i) Location: All waters of Lake St. off Lake Erie Metro Park, within a 300- Clair, within a 300-yard radius of the yard radius of the fireworks launch site fireworks barge located at position

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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: Russel Island, St. Clair River-North (i) Location: All waters of Lake Huron Channel. within a 300-yard radius of the fire- (ii) Expected date: One evening during works barge located at position 43°13′ the first week in July. The exact dates N, 082°30′ W. (NAD 83). This position is and times for this event will be deter- located 300 yards east of the Lexington mined annually. break wall, Lake Huron. (39) Port Sanilac Fireworks, Port (ii) Expected date: One evening during Sanilac, MI: the first week in July. The exact dates (i) Location: All waters of Lake Huron and times for this event will be deter- within a 300-yard radius of the fire- mined annually. works launch site located at position (44) City of Ecorse Water Festival 43°25′ N, 082°31′ W. (NAD 83). This posi- Fireworks, Ecorse, MI: tion is located at the South Harbor (i) Location: All waters of the Detroit Break wall in Port Sanilac. River 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 41°14′ N, 083°09′ W. (NAD 83). This posi- and times for this event will be deter- tion is located in the Ecorse Channel at mined annually. the northern end of Mud Island. (40) St. Clair Shores Fireworks, St. (ii) Expected date: One evening during Clair Shores, MI: the first week in July. The exact dates (i) Location: All waters of Lake St. and times for this event will be deter- Clair within a 300-yard radius of the mined annually. fireworks barge located at position (45) Grosse Isle Yacht Club Fire- 42°32′ N, 082°51′ W. (NAD 83). This posi- works, Grosse Isle, MI: tion is located 1000 yards east of Vet- (i) Location: All waters of the Detroit eran’s Memorial Park, St. Clair Shores. River within a 300-yard 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°05′ N, 083°09′ W. (NAD 83). This and times for this event will be deter- position is located in front of the mined annually. Grosse Isle Yacht Club. (41) Port Huron 4th of July Fire- (ii) Expected date: One evening during works, Port Huron, MI: the first week in July. The exact dates

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and times for this event will be deter- take other actions authorized by the mined annually. Captain of the Port. (46) Trenton Fireworks, Trenton, MI: (2) Public vessel means vessels (i) Location: All waters of the Detroit owned, chartered, or operated by the River within a 300-yard radius of the United States, or by a State or polit- fireworks barge located at position ical subdivision thereof. 42°09′ N, 083°10′ W. (NAD 83). This posi- (c) Regulations. (1) In accordance with tion is located 200 yards east of Tren- the general regulations in § 165.23 of ton in the Trenton Channel near Tren- this part, entry into, transiting, or an- ton, MI. choring within this safety zone is pro- (ii) Expected date: One evening during hibited unless authorized by the Cap- the first week in July. The exact dates tain of the Port Detroit, or his des- and times for this event will be deter- ignated representative. mined annually. (2)(i) These safety zones are closed to (47) Belle Maer Harbor 4th of July all vessel traffic, except as may be per- Fireworks, Harrison Township, MI: mitted by the Captain of the Port De- (i) Location: All waters of Lake St. troit or his designated representative. Clair within a 300-yard radius of the (ii) All persons and vessels must com- fireworks barge located at position ply with the instructions of the Coast 42°36′ N, 082°47′ W. (NAD 83). This posi- Guard Captain of the Port or his des- tion is located 400 yards east of Belle ignated representative. Maer Harbor, Lake St. Clair. (iii) Upon being hailed by the U.S. Coast Guard by siren, radio, flashing (ii) Expected date: One evening during light or other means, the operator of a the first week in July. The exact dates vessel shall proceed as directed. and times for this event will be deter- (3)(i) All vessels must obtain permis- mined annually. sion from the Captain of the Port or (48) Tawas City 4th of July Fire- his designated representative to enter, works, Tawas, MI: move within, or exit the safety zone es- (i) Location: All waters of Lake Huron tablished in this section when this within a 300-yard radius of the fire- safety zone is enforced. works launch site located at position (ii) Vessels and persons granted per- ° ′ ° ′ 44 13 N, 083 30 W. (NAD 83). This posi- mission to enter the safety zone must tion is located off the Tawas City Pier. 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. and times for this event will be deter- (iii) While within a safety zone, all mined annually. vessels must operate at the minimum (49) Venetian Festival Boat Parade speed necessary to maintain a safe and Fireworks, St. Clair Shores, MI: course. (i) Location: All waters of Lake St. (d) Exemption. Public vessels, as de- Clair within a 300-yard radius of the fined in paragraph (b) of this section, fireworks barge located at position are exempt from the requirements in 42°28′ N, 082°52′ W. (NAD 83). This posi- this section. tion is located 600 yards off Jefferson (e) Waiver. For any vessel, the Cap- Beach Marina, Lake St, Clair. tain of the Port Detroit or his des- (ii) Expected date: One evening during ignated representative may waive any the second week in August. The exact of the requirements of this section, dates and times for this event will be upon finding that operational condi- determined annually. tions or other circumstances are such (b) Definitions. The following defini- that application of this section is un- tions apply to this section: necessary or impractical for the pur- (1) Designated Representative means poses of public or environmental safe- any Coast Guard commissioned, war- ty. rant, or petty officer designated by the (f) Notification. The Captain of the Captain of the Port Detroit to monitor Port Detroit will notify the public that a safety zone, permit entry into the the safety zones in this section are or zone, give legally enforceable orders to will be enforced by all appropriate persons or vessels within the zones, and means to the affected segments of the

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public including publication in the flashing light, or other means, the op- FEDERAL REGISTER as practicable, in erator of a vessel shall proceed as di- accordance with 33 CFR 165.7(a). Such rected. means of notification may also include, (5) The Coast Guard may be assisted but are not limited to Broadcast Notice by other Federal, State, or local agen- to Mariners or Local Notice to Mari- cies. ners. The Captain of the Port will issue EFFECTIVE DATE NOTE: By USCG–2009–0268, a Broadcast Notice to Mariners noti- 74 FR 27938, June 12, 2009, temporary fying the public when enforcement of § 165.T11–184 was added, effective from 8 p.m. the safety zone established by this sec- on June 12, 2009 to 10 p.m. on Aug. 30, 2009. tion is cancelled. § 165.T11–194 Safety Zone; Coast [USCG–2008–0218, 73 FR 46197, Aug. 8, 2008] Guard Air Station San Francisco Airborne Use of Force Judgmental ELEVENTH COAST GUARD DISTRICT Training Flights. § 165.T11–184 Safety zone; Sea World (a) Location. The following area is a Summer Nights Fireworks; Mission safety zone: All waters of San Pablo Bay, San Diego, California. Bay, California from surface to bottom, (a) Location. The limits of the safety encompassed by lines connecting the zone will include a 600 foot radius following points: Beginning at 38°05′11″ around the barge in approximate posi- N, 122°22′10″ W; thence to 38°03′44″ N, tion 32°46′03″ N, 117°13′11″ W. 122°20′12″ W; thence to 38°00′41″ N, (b) Enforcement period. This section 122°25′28″ W; thence to 38°01′45″ N, will be enforced from 8 p.m. to 10 p.m. 122°26′38″ W; thence back to 38°05′11″ N, on June 12, 2009 through August 30, 122°22′10″ W (NAD 83). 2009. If the event concludes prior to the (b) Definitions. As used in this sec- scheduled termination time, the Cap- tion, ‘‘designated representative’’ tain of the Port will cease enforcement means a Coast Guard Patrol Com- of this safety zone and will announce mander, including a Coast Guard cox- that fact via Broadcast Notice to Mari- swain, petty officer, or other officer op- ners. erating a Coast Guard vessel or a Fed- (c) Definitions. The following defini- eral, State, or local officer assisting tion applies to this section: designated the Captain of the Port (COTP) San representative, means any commis- Francisco in the enforcement of the sioned, warrant, and petty officers of safety zone. the Coast Guard on board Coast Guard, (c) Regulations. (1) Under the general Coast Guard Auxiliary, and local, regulations in § 165.23 of this title, State, and Federal law enforcement entry into, transiting, or anchoring vessels who have been authorized to within this safety zone is prohibited act on the behalf of the Captain of the unless authorized by the COTP or the Port. COTP’s designated representative. (d) Regulations. (1) Entry into, transit (2) The safety zone is closed to all through or anchoring within this safe- vessel traffic, except as may be per- ty zone is prohibited unless authorized mitted by the COTP or the COTP’s des- by the Captain of the Port of San Diego ignated representative. or his designated on-scene representa- (3) Vessel operators desiring to enter tive. or operate within the safety zone must (2) Mariners requesting permission to contact the COTP or the COTP’s rep- transit through the safety zone may re- resentative to obtain permission to do quest authorization to do so from the so. Vessel operators given permission Sector San Diego Command Center. to enter or operate in the safety zone The Command Center may be con- must comply with all directions given tacted on VHF–FM Channel 16. to them by the COTP or the COTP’s (3) All persons and vessels shall com- designated representative. Persons and ply with the instructions of the Coast vessels may request permission to Guard Captain of the Port or the des- enter the safety zone by contacting the ignated representative. Patrol Commander on VHF–16 or (4) Upon being hailed by U.S. Coast through the Coast Guard Command Guard patrol personnel by siren, radio, Center at telephone (415) 399–3547.

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(d) Effective period. This section is ef- (3) Naval units involved in the exer- fective from 9 a.m. to 11 p.m., each day, cise are allowed in confines of the es- May 5, 8, 19, 22; June 9, 11, 30; July 2, 14, tablished safety zone. 17, 28, 31; and every Tuesday, Thursday, (4) All persons and vessels shall com- and Friday from August 1, 2009 to De- ply with the instructions of the Coast cember 31, 2009. Guard COTP or his designated representative. EFFECTIVE DATE NOTE: By USCG–2009–0300, 74 FR 24701, May 26, 2009, temporary (5) Upon being hailed by U.S. Coast § 165.T11–194 was added, effective from May 5, Guard or other official personnel by 2009 to Dec. 31, 2009. siren, radio, flashing light, or other means, the operator of a vessel shall § 165.T11–195 Safety Zone; June and proceed as directed. July Northwest Harbor Safety Zone; (6) The Coast Guard may be assisted Northwest Harbor, San Clemente Is- by other federal, state, or local agen- land, CA. cies and the U.S. Navy. (a) Location. The limits of the safety EFFECTIVE DATE NOTE: By USCG–2009–0330, zone will include the navigable waters 74 FR 26089, June 1, 2009, temporary § 165.T11– of the Northwest Harbor of San 195 was added, effective from June 1, 2009 Clemente Island bounded by the fol- through July 31, 2009. lowing coordinates: 33°02′06″ N, 118°35′36″ W; 33°02′00″ N, 118°34′36″ W; § 165.T11–200 Safety zone; Naval Train- thence along the coast of San Clemente ing, San Clemente Island, CA. Island to 33°02′06″ N, 118°35′36″ W. (a) Location. The following area is a (b) Enforcement period. This section safety zone: All navigable waters of the will be enforced from June 1, 2009 Pacific Ocean, from surface to bottom, through July 31, 2009 during naval at the north end of San Clemente Is- training exercises. If the training is land bounded by lines connecting the concluded prior to the scheduled termi- following points: Beginning at 33°01.09′ nation time, the COTP will cease en- N, 118°36.34′ W; thence to 32°59.95′ N, ° ′ forcement of this safety zone and will 118 39.77 W; thence running parallel to announce that fact via Broadcast No- the shoreline at a distance of approxi- ° ′ ° ′ tice to Mariners. mately 3 NM to 33 02.81 N, 118 30.65 W; thence to 33°01.29′ N, 118°33.88′ W; (c) Definitions. The following defini- thence along the shoreline returning to tions apply to this section: 33°01.09′ N, 118°36.34′ W. These coordi- (1) Designated representative means nates are based on NAD 83. any Commissioned, Warrant, or Petty (b) Effective period. This section is ef- Officers of the Coast Guard, Coast fective from June 6, 2009 through July Guard Auxiliary, or local, state, and 31, 2009. If naval training exercises are federal law enforcement vessels who concluded prior to the scheduled termi- have been authorized to act on the be- nation of the effective period, the half of the COTP. COTP will cease enforcement of this (2) Non-authorized personnel and ves- safety zone and will announce that fact sels, means any civilian boats, fisher- via Broadcast Notice to Mariners. men, divers, and swimmers. (c) Definitions. The following defini- (d) Regulations. (1) Entry into, transit tions apply to this section: Designated through or anchoring within this safe- representative, means any Commis- ty zone is prohibited unless authorized sioned, Warrant, or Petty Officers of by the COTP San Diego or his des- the Coast Guard, or Coast Guard Auxil- ignated representative. iary, and local, state, and federal law (2) Non-authorized personnel and ves- enforcement officers who have been au- sels requesting permission to transit thorized to act on the behalf of the through the safety zone may request COTP; non-authorized personnel and ves- authorization to do so from the COTP sels, means any civilian boats, fisher- San Diego or his designated representa- men, divers, and swimmers. tive. They may be contacted on VHF– (d) Regulations. (1) Under the general FM Channel 16, or at telephone number regulations in § 165.23, entry into, tran- (619) 278–7033. sit through or anchoring within this

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safety zone is prohibited unless author- the Captain of the Port at telephone ized by the COTP San Diego or his des- number 619–683–6495 or on VHF channel ignated representative. 16 (156.8 MHz) to seek permission to (2) Non-authorized personnel and ves- transit the area. If permission is grant- sels requesting permission to transit ed, all persons and vessels must comply through the safety zone may request with the instructions of the Captain of authorization to do so from the COTP the Port or his or her designated rep- San Diego or his designated representa- resentative. tive. They may be contacted on VHF– (c) Authority. In addition to 33 U.S.C. FM Channel 16, or at telephone number 1231 and 50 U.S.C. 191, the authority for (619) 278–7033. this section includes 33 U.S.C. 1226. (3) Naval units involved in the exer- (d) Enforcement. The U.S. Coast cise are allowed within the safety zone. Guard may be assisted in the patrol (4) 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 COTP or his designated rep- [COTP San Diego 04–019, 70 FR 2021, Jan. 12, resentative. 2005] (5) Upon being hailed by U.S. Coast Guard or other official personnel by § 165.1102 Security Zone: San Diego siren, radio, flashing light, or other Bay, California. means, the operator of a vessel shall (a) Location. The following area is a proceed as directed. security zone: The water area adjacent (6) The Coast Guard may be assisted to the Naval Ocean Systems Center, by other Federal, State, or local agen- San Diego, California, and the Naval cies including the U.S. Navy. Supply Center, San Diego, California, EFFECTIVE DATE NOTE: By USCG–2009–0455, described as follows: 74 FR 29427, June 22, 2009, temporary Commencing at a point on the shoreline of § 165.T11–200 was added, effective from June 6, Point Loma, at latitude 32°41′57.8″ N, lon- 2009 through July 31, 2009. gitude 117°14′17.5″ W (Point A), for a place of beginning; thence easterly to latitude § 165.1101 Security Zone: San Diego 32°41′56.0″ N, longitude 117°14′09.9″ W (Point Bay, CA. B); thence northeasterly to latitude (a) Location. The following area is a 32°42′03.8″ N, longitude 117°14′04.7″ W (Point security zone: the water area within C); thence northeasterly to latitude ° ′ ″ ° ′ ″ Naval Station, San Diego enclosed by 32 42 10.2 N, longitude 117 14 00.6 W (Point D); thence northwesterly to latitude the following points: Beginning at 32°42′14.6″ N, longitude 117°14′02.1″ W (Point 32°41′16.5″ N, 117°08′01″ W (Point A); E); thence northwesterly to latitude thence running southwesterly to 32°42′22.7″ N, longitude 117°14′05.8″ W (Point 32°40′58.3″ N, 117°08′11.0″ W (Point B); to F); thence northwesterly to latitude 32°40′36.0″ N 117°07′49.1″ W (Point C); to 32°42′28.3″ N, longitude 117°14′08.4″ W (Point 32°40′17.0′ N, 117°07′34.6″ W (Point D); to G); thence westerly to latitude 32°42′28.3″ N, 32°39′36.4″ N, 117°07′24.8″ W (Point E); to longitude 117°14′09.6″ W (Point H); thence 32°39′38.5″ N 117°07′06.5″ W, (Point F); generally southerly along the shoreline of Point Loma to the place of beginning (Point thence running generally northwest- A). erly along the shoreline of the Naval Station to the place of the beginning. (b) Regulations. In accordance with All coordinates referenced use datum: the general regulations in § 165.33 of NAD 1983. this part, entry into the area of this (b) Regulations. (1) In accordance with zone is prohibited unless authorized by the general regulations in § 165.33 of the Captain of the Port, the Com- this part, entry into the area of this mander, Naval Base, San Diego, the zone is prohibited unless authorized by Commander, Naval Ocean Systems the Captain of the Port San Diego; Center, San Diego, or the Commanding Commander, Naval Base San Diego; Officer, Naval Supply Center, San Commander, Navy Region Southwest; Diego. Section 165.33 also contains or the Commanding Officer, Naval Sta- other general requirements. tion, San Diego. [COTP San Diego Reg. 85–20, 51 FR 8197, Mar. (2) Persons desiring to transit the 10, 1986. Redesignated by USCG–2001–9286, 66 area of the security zone may contact FR 33642, June 25, 2001]

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§ 165.1103 Security Zone: San Diego thence southeasterly to 32°42′21.0″ N, Bay, CA. 117°10′47.0″ W (Point E) thence running (a) Location. The following area is a southerly to 32°42′13.0″ N, 117°10′51.0″ W security zone: The water adjacent to (Point F); thence running generally the Naval Submarine Base, San Diego, northwesterly along the shoreline of commencing on a point on the shore- Naval Base Coronado to the place of be- line of Ballast Point, at 32° 41′11.2″ N, ginning. All coordinates referenced use 117° 13′57.0″ W (Point A), thence north- datum: NAD 1983. erly to 32° 41′31.8″ N, 117° 14′00.6″ W (b) Regulations. (1) In accordance with (Point B), thence westerly to 32° 41′32.7″ the general regulations in Sec. 165.33 of N, 117° 14′03.2″ W (Point C), thence this part, entry into the area of this southwesterly to 32° 41′30.5″ N, zone is prohibited unless authorized by 117° 14′17.5″ W (Point D), thence gen- the Captain of the Port San Diego; erally southeasterly along the shore- Commander, Naval Base Coronado, or line of the Naval Submarine Base to Commander, Navy Region Southwest. the point of beginning, (Point A). All (2) Persons desiring to transit the coordinates referenced use datum: NAD area of the security zone may contact 1983. the Captain of the Port at telephone (b) Regulations. (1) In accordance with number 619–683–6495 or on VHF channel the general regulations in § 165.33 of 16 (156.8 MHz) to seek permission to this part, entry into the area of this transit the area. If permission is grant- zone is prohibited unless authorized by ed, all persons and vessels must comply the Captain of the Port San Diego; with the instructions of the Captain of Commander, Naval Base Point Loma; the Port or his or her designated rep- or Commander, Navy Region South- resentative. west. (c) Authority. In addition to 33 U.S.C. (2) Persons desiring to transit the 1231 and 50 U.S.C. 191, the authority for area of the security zone may contact this section includes 33 U.S.C. 1226. the Captain of the Port at telephone (d) Enforcement. The U.S. Coast number 619–683–6495 or on VHF channel Guard may be assisted in the patrol 16 (156.8 MHz) to seek permission to and enforcement of this security zone transit the area. If permission is grant- by the U.S. Navy. ed, all persons and vessels must comply with the instructions of the Captain of [COTP San Diego, 68 FR 25290, May 12, 2003] the Port or his or her designated representative. § 165.1105 Security Zone: San Diego (c) Authority. In addition to 33 U.S.C. Bay, California. 1231 and 50 U.S.C. 191, the authority for (a) Location. (1) The following area is this section includes 33 U.S.C. 1226. a security zone: The water area adja- (d) Enforcement. The U.S. Coast cent to Naval Air Station North Island, Guard may be assisted in the patrol Coronado, California, and within 100 and enforcement of this security zone yards (91 meters) of Bravo Pier, and by the U.S. Navy. vessels moored thereto, bounded by the following points (when no vessel is [COTP San Diego 03–010, 68 FR 25290, May 12, 2003] 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 784

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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. liquefied natural gas, or similar lique- Coast Guard patrol vessel. Upon being fied gas products. hailed by a U.S. Coast Guard vessel by (b) Location. The following areas are siren, radio, flashing light, or other security zones: means, the operator of a vessel shall (1) All waters, extending from the proceed as directed. surface to the sea floor, within a 500 (e) Waivers. The Captain of the Port yard radius around any liquefied haz- or designated representative may, upon ardous gas (LHG) tank vessel that is request, waive any regulation in this anchored at a designated anchorage ei- section. ther inside the Federal breakwaters bounding San Pedro Bay or outside at [CGD11–05–002, 70 FR 70495, November 22, designated anchorages within three 2005] nautical miles of the breakwater; § 165.1131 Security Zone: Wilson Cove, (2) The shore area and all waters, ex- San Clemente Island, California. tending from the surface to the sea floor, within a 500 yard radius around (a) Location. The following area is a any LHG tank vessel that is moored, or security zone: The water area adjacent in the process of mooring, at any berth to San Clemente Island, California within the Los Angeles or Long Beach within 1.5 nautical miles (1.73 statute port areas inside the Federal break- miles, 2.8 kilometers) of the shoreline waters bounding San Pedro Bay; of San Clemente Island from Wilson (3) All waters, extending from the Cove North End Light (LLNR 2565) to surface to the sea floor, within 1000 Spruce Pier, approximately 4.1 nautical yards ahead and 500 yards on each side miles (4.7 statute miles, 7.65 kilo- and astern of any LHG tank vessel that meters) southeast of Wilson Cove is underway either on the waters inside North End Light, described as follows: the Federal breakwaters bounding San Starting at a point on the shoreline Pedro Bay or on the waters within of San Clemente Island, California, in three nautical miles seaward of the ° ′ ″ ° ′ ″ position 33 01 25.0 N, 118 33 43.0 W, for Federal breakwaters. a place of beginning (point A), thence (c) Regulations. (1) In accordance with ° ′ ″ northeasterly to 33 02 11.0 N, the general regulations in § 165.33 of ° ′ ″ 118 32 13.5 W (point B), thence south- this part, entry into or remaining in ° ′ ″ ° ′ ″ easterly to 32 58 40.5 N, 118 29 15.5 W these zones is prohibited unless author- (point C), thence southwesterly to ized by the Coast Guard Captain of the ° ′ ″ ° ′ ″ 32 57 54.0 N, 118 31 17.2 W (point D), Port Los Angeles-Long Beach, or his or thence northwesterly along the shore- her designated representative. line of San Clemente Island to the (2) Persons desiring to transit the place of beginning. area of the security zone may contact (b) Regulations. In accordance with the Captain of the Port at telephone the general regulations in § 165.33 of number (800) 221–USCG (8724) or on this part, entry into the area of this VHF-FM channel 16 (156.8 MHz) to seek zone is prohibited unless authorized by permission to transit the area. If per- the Captain of the Port, San Diego, mission is granted, all persons and ves- California. Section 165.33 also contains sels shall comply with the instructions other general requirements. of the Captain of the Port or his or her [COTP San Diego Reg. 87–04, 52 FR 18230, designated representative. May 14, 1987. Redesignated by USCG–2001– (3) When any LHG tank vessels ap- 9286, 66 FR 33642, June 25, 2001] proach within 500 yards of a vessel that is moored or anchored, the stationary § 165.1151 Security Zones; liquefied vessel must stay moored or anchored hazardous gas tank vessels, San while it remains within the LHG tank Pedro Bay, California. vessel’s security zone unless it is either (a) Definition. ‘‘Liquefied Hazardous ordered by or given permission from Gas’’ as used in this section means a the Captain of the Port Los Angeles- liquid containing one or more of the Long Beach to do otherwise. products listed in Table 127.005 of this (d) Authority. In addition to 33 U.S.C. part that is carried in bulk on board a 1231 and 50 U.S.C. 191, the authority for tank vessel as liquefied petroleum gas, this section includes 33 U.S.C. 1226.

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(e) Enforcement. The U.S. Coast Guard (iii) The Los Angeles Deep Water Traf- may be assisted in the patrol and en- fic Lane: forcement of these security zones by the Los Angeles Port Police and the Latitude Longitude Long Beach Police Department. 33°42.47′ N ...... 118°14.95′ W 33°42.56′ N ...... 118°14.75′ W [COTP Los Angeles-Long Beach 02–005, 68 FR 33°39.48′ N ...... 118°13.32′ W 13233, Mar. 19, 2003] 33°39.42′ N ...... 118°13.55′ W 33°42.47′ N ...... 118°14.95′ W § 165.1152 San Pedro Bay, California— Regulated navigation area. (iv) The Long Beach Deep Water Traf- (a) Applicability. This section applies fic Lane: to all vessels unless otherwise speci- Latitude Longitude fied. (Note: All geographic coordinates are defined using North American 33°43.43′ N ...... 118°11.15′ W 33°43.39′ N ...... 118°10.90′ W Datum 1983 (NAD 83)). 33°41.51′ N ...... 118°10.71′ W (b) Deviations. The Captain of the 33°41.50′ N ...... 118°10.95′ W Port of Los Angeles-Long Beach or his 33°43.43′ N ...... 118°11.15′ W or her designated representative may authorize a deviation from the require- (v) Los Angeles Deep Water Pilot Area: A 0.5nm radius around 33°39.00′ N, ments of this regulation when it is ° ′ deemed necessary in the interests of 118 13.19 W. safety. (d) General regulations. The following 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. Latitude Longitude (1) A vessel shall not exceed a speed of 12 knots through the water within ° ′ ° ′ 33 35.50 N ...... 118 17.60 W the RNA. 33°35.50′ N ...... 118°09.00′ W 33°37.70′ N ...... 118°06.50′ W (2) A vessel navigating within the 33°43.40′ N ...... 118°10.80′ W RNA, shall have its engine(s) ready for immediate maneuver and shall operate (2) The San Pedro Bay RNA consists its engine(s) in a control mode and on of the following named sub-areas, de- fuel that will allow for an immediate fined by lines connecting their respec- response to any engine order, ahead or tive geographic coordinates: astern, including stopping its engine(s) (i) The Los Angeles Pilot Area: for an extended period of time. (3) A vessel navigating within the Latitude Longitude RNA shall maintain a minimum sepa- 33°42.50′ N ...... 118°15.10′ W ration from other vessels of at least (Los Angeles Light) 0.25 nm. 33°42.62′ N ...... 118°14.70′ W (e) Specific regulations—(1) Los Angeles 33°41.30′ N ...... 118°13.50′ W 33°40.85′ N ...... 118°14.90′ W Pilot Area. (i) No vessel may enter the 33°42.50′ N ...... 118°15.10′ W Los Angeles Pilot Area unless it is entering or departing Los Angeles Harbor (ii) The Long Beach Pilot Area: entrance (Angels Gate). (ii) Vessels entering the Los Angeles Latitude Longitude Pilot Area shall pass directly through 33°43.40′ N ...... 118°11.20′ W without stopping or loitering except as (Long Beach Light) necessary to embark or disembark a ° ′ ° ′ 33 43.40 N ...... 118 10.80 W pilot. 33°41.50′ N ...... 118°10.22′ W 33°40.52′ N ...... 118°10.22′ W (2) Long Beach Pilot Area. (i) No vessel 33°40.52′ N ...... 118°11.82′ W may enter the Long Beach Pilot Area 33°41.50′ N ...... 118°11.82′ W unless it is entering or departing Long ° ′ ° ′ 33 43.40 N ...... 118 11.20 W Beach Harbor entrance (Queens Gate).

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(ii) Vessels entering the Long Beach sel, except for a ferry, over 100 feet in Pilot Area shall pass directly through length, authorized to carry more than without stopping or loitering except as 12 passengers for hire; making voyages necessary to embark or disembark a lasting more than 24 hours, any part of pilot. which is on the high seas; and for (iii) Every vessel shall leave Long which passengers are embarked or dis- Beach Approach Lighted Whistle Buoy embarked in the Port of Los Angeles or ‘‘LB’’ to port when entering and de- Port of Long Beach. parting Long Beach Channel and de- (b) Location. The following areas are parting vessels shall pass across the security zones: southern boundary of the Long Beach (1) All waters, extending from the Pilot Area. surface to the sea floor, within a 100 (3) Los Angeles and Long Beach Deep yard radius around any cruise ship that Water Traffic Lanes. When a vessel of 50 is anchored at a designated anchorage foot draft or greater is using the Los either inside the Federal breakwaters Angeles or Long Beach Deep Water bounding San Pedro Bay or outside at Traffic Lane no other vessel shall enter designated anchorages within 3 nau- the Deep Water Traffic Lane if it will tical miles of the Federal breakwaters; result in a meeting, crossing or over- (2) The shore area and all waters, ex- taking situation. tending from the surface to the sea (4) Los Angeles Deep Water Pilot Area. floor, within a 100 yard radius around When a vessel of 50 foot draft or great- any cruise ship that is moored, or is in er is embarking or disembarking a the process of mooring, at any berth pilot in the Los Angeles Deep Water within the Los Angeles or Long Beach Pilot Area no other vessel shall enter port areas inside the Federal break- the Deep Water Pilot Area. waters bounding San Pedro Bay; and (5) Vessels described in paragraph (d) (3) All waters, extending from the of this section may not enter the wa- surface to the sea floor, within 200 ters between Commercial Anchorage G yards ahead, and 100 yards on each side and the Middle Breakwater as defined and astern of a cruise ship that is un- by an area enclosed by the line begin- derway either on the waters inside the ning at Los Angeles Main Channel En- Federal breakwaters bounding San trance Light 2 (33°42.70′ N, 118°14.70′ W), Pedro Bay or on the waters within 3 thence east along the Middle Break- nautical miles seaward of the Federal water to Long Beach Light (33°43.40′ N, breakwaters. 118°11.20′ W), thence south to (33°43.08′ (c) Regulations. (1) In accordance with N, 118°11.26′ W), thence westerly to the general regulations in § 165.33 of (33°43.08′ N, 118°12.26′ W), thence south- this part, entry into or remaining in westerly parallel to the breakwater to these zones is prohibited unless author- (33°42.43′ N, 118°14.30′ W), thence to the ized by the Coast Guard Captain of the point of origin, unless such vessel is: Port, Los Angeles-Long Beach, or his (i) In an emergency; designated representative. (ii) Proceeding to anchor in or de- (2) Persons desiring to transit the parting Commercial Anchorage G; area of the security zone may contact (iii) Standing by with confirmed pilot the Captain of the Port at telephone boarding arrangements; or, number 1–800–221–USCG (8724) or on (iv) Engaged in towing vessels to or VHF-FM channel 16 (156.8 MHz) to seek from Commercial Anchorage G, or to permission to transit the area. If per- or from the waters between Commer- mission is granted, all persons and ves- cial Anchorage G and the Middle sels must comply with the instructions Breakwater. of the Captain of the Port or his or her [CGD11–00–007, 65 FR 62294, Oct. 18, 2000. Re- designated representative. designated by USCG–2001–9286, 66 FR 33642, (3) When a cruise ship approaches June 25, 2001] within 100 yards of a vessel that is moored, or anchored, the stationary § 165.1154 Security Zones; Cruise vessel must stay moored or anchored Ships, San Pedro Bay, California. while it remains within the cruise (a) Definition. ‘‘Cruise ship’’ as used ship’s security zone unless it is either in this section means a passenger ves- ordered by, or given permission from,

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the COTP Los Angeles-Long Beach to this part, entry into or movement do otherwise. within this zone is prohibited except (d) Authority. In addition to 33 U.S.C. for: 1231 and 50 U.S.C. 191, the authority for (i) Commercial vessels authorized to this section includes 33 U.S.C. 1226. use the offshore marine terminal for (e) Enforcement. The U.S. Coast Guard loading or unloading; may be assisted in the patrol and en- (ii) Commercial tugs, lighters, forcement of the security zone by the barges, launches, or other vessels au- Los Angeles Port Police and the Long thorized to engage in servicing the off- Beach Police Department. shore marine terminal or vessels there- [COTP Los Angeles-Long Beach 02–004, 67 FR in; 72563, Dec. 6, 2002] (iii) Public vessels of the United States. § 165.1155 Security Zone; Diablo Can- (2) Persons desiring to transit the yon Nuclear Power Plant, Avila area of the safety zone may contact the Beach, California. Captain of the Port at telephone num- (a) Location. The following area is a ber 1–800–221–8724 or on VHF-FM chan- security zone: all waters of the Pacific nel 16 (156.8 MHz). If permission is Ocean, from surface to bottom, within granted, all persons and vessels must a 2,000 yard radius of Diablo Canyon comply with the instructions of the Nuclear Power Plant centered at posi- Captain of the Port or his or her des- tion 35°12′23″ N, 120°51′23″ W. [Datum: ignated representative. NAD 83]. (3) Nothing in this section shall be (b) Regulations. (1) In accordance with construed as relieving the owner or the general regulations in § 165.33 of person in charge of any vessel from this part, entry into or remaining in complying with the Navigation Rules this zone is prohibited unless author- as defined in 33 CFR chapter I, sub- ized by the Coast Guard Captain of the chapters D and E and safe navigation Port, Los Angeles-Long Beach, or his practice. or her designated representative. [COTP Los Angeles-Long Beach 03–002, 70 FR (2) Persons desiring to transit the 30640, May 27, 2005] area of the security zone may contact the Captain of the Port at telephone § 165.1171 Copper Canyon, Lake number 1–800–221–8724 or on VHF-FM Havasu, Colorado River—Regulated channel 16 (156.8 MHz). If permission is Navigation Area. granted, all persons and vessels must (a) Location. The following is a regu- comply with the instructions of the lated navigation area: Captain of the Port or his or her des- (1) In the water area of Copper Can- ignated representative. yon, Lake Havasu, Colorado River, be- (c) Authority. In addition to 33 U.S.C. ginning at the approximate center of 1231, the authority for this section in- the mouth of Copper Canyon and draw- cludes 33 U.S.C. 1226. ing a line down the approximate center [COTP Los Angeles-Long Beach 02–006, 67 FR of the canyon extending shoreward to 77430, Dec. 18, 2002] the end of the navigable waters of the canyon, and comprising a semi-rectan- § 165.1156 Safety Zone; Offshore Ma- gular area extending 30 feet on each rine Terminal, El Segundo, CA. side of the line, for a total semi-rectan- (a) Location. The following area is a gular width of 60 feet. safety zone: All waters of Santa (2) This line is more precisely de- Monica Bay, from surface to bottom, scribed as: beginning at latitude enclosed by a line beginning at latitude 34°25′67.6″ N, longitude 114°18′38.5″ W, 33°54′59″ N, longitude 118°26′50″ W; then thence southwesterly to latitude to latitude 33°54′59″ N, longitude 34°25′64″ N, longitude 114°18′45.7″ W, 118°27′34″ W; then to latitude 33°54′00″ N, thence northwesterly to latitude longitude 118°27′34″ W; then to latitude 34°25′65.6″ N, longitude 114°18′46.7″ W, 33°54′00″ N, longitude 118°26′50″ W; then thence southeasterly to latitude to the point of beginning (NAD 1983). 34°25′60.7″ N, longitude 114°18′42.7″ W, (b) Regulations. (1) In accordance with thence southwesterly to longitude the general regulations in § 165.23 of 34°25′51.4″ N, latitude 114°18′46.2″ W,

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thence southeasterly to latitude § 165.1181 San Francisco Bay Region, 34°25′47.1″ N, longitude 114°18′49.4″ W, California—regulated navigation thence to the end of the navigable wa- area. ters of the canyon. (a) Applicability. This section applies (b) Definitions. For the purposes of to all vessels unless otherwise speci- this section: fied. (1) Vessel: Every description of (b) Deviations. The Captain of the watercraft, used or capable of being Port, San Francisco Bay, or the Com- used as a means of transportation on manding Officer, Vessel Traffic Service the water, and regardless of mode of San Francisco, as a representative of power. the Captain of the Port, may authorize (2) Patrol Vessel: Vessels designated a deviation from the requirements of by the Captain of the Port, San Diego, this regulation when it is deemed nec- to enforce or assist in enforcing these essary in the interests of safety. regulations, including Coast Guard, (c) Regulated Navigation Areas—(1) Coast Guard Auxiliary, and San San Francisco Bay RNA. (i) The fol- Bernardino County Sheriff’s Depart- lowing is a regulated navigation area— ment Vessels. The waters bounded by a line con- (c) Regulations. (1) Vessels, with the necting the following coordinates, be- exception of patrol vessels, shall not ginning at: anchor, moor, loiter in, or otherwise ° ′ ″ ° ′ ″ ° ′ ″ impede the transit of any other vessel 37 47 18 N, 122 30 22 W; thence to 37 48 55 N, 122°31′41″ W; thence along the shoreline to within the regulated navigation area. 37°50′38″ N, 122°28′37″ W; thence to 37°50′59″ N, Furthermore, all vessels, with the ex- 122°28′00″ W; thence to 37°51′45″ N, 122°27′28″ W; ception of patrol vessels, shall expedi- thence to 37°52′58″ N, 122°26′06″ W; thence to tiously and continuously transit the 37°51′53″ N, 122°24′58″ W; thence to 37°51′53″ N, regulated navigation area via the most 122°24′00″ W; thence to 37°51′40″ N, 122°23′48″ W; direct route consistent with naviga- thence to 37°49′22″ N, 122°23′48″ W; thence to tional safety. 37°48′20″ N, 122°22′12″ W; thence to 37°47′02″ N, ° ′ ″ ° ′ ″ ° ′ ″ (2) During periods of vessels conges- 122 21 33 W; thence to 37 47 02 N, 122 23 04 W; thence along the shoreline to the point of be- tion within the Copper Canyon area, as ginning. determined by the Captain of the Port or his or her designated on-scene rep- Datum: NAD 83 resentative, the regulated navigation area will be closed to all vessels, with (ii) The San Francisco Bay RNA con- the exception of patrol vessels. During sists of the following defined sub-areas: designated closure periods, no vessel (A) Golden Gate Traffic Lanes—(1) may enter, remain in, or transit Westbound traffic lane: Bounded by the through the regulated navigation area, Golden Gate precautionary area and with the exception of patrol vessels. the COLREGS Demarcation Line (33 Designation of periods of vessel conges- CFR 80.1142), between the separation tion and announcement of the closure zone and a line connecting the fol- of the regulated navigation area will be lowing coordinates: conducted by broadcast notices to 37°48′30″ N, 122°31′22″ W; thence to 37°49′03″ N, mariners on VHF-FM Channel 16 no 122°29′52″ W. less frequently than every hour for the duration of the closure period. Datum: NAD 83 (3) Each person in the regulated navi- (2) Eastbound traffic lane. Bounded by gation area shall comply with the di- the COLREGS Demarcation Line (33 rections of the Captain of the Port or CFR 80.1142) and the Golden Gate pre- his or her designated on-scene rep- cautionary area, between the separa- resentative regarding vessel operation. tion zone and a line connecting the fol- [CGD11–97–010, 63 FR 38308, July 16, 1998. Re- lowing coordinates: designated by USCG–2001–9286, 66 FR 33642, ° ′ ″ ° ′ ″ ° ′ ″ June 25, 2001] 37 47 50 N, 122 30 48 W; thence to 37 48 30 N, 122°29′29″ W.

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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 (B) Golden Gate Precautionary Area: the following coordinates, beginning An area bounded by a line connecting at: 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; ° ′ ″ ° ′ ″ Datum: NAD 83 thence to 37 47 02 N, 122 23 04 W; thence returning along the shoreline to the point of (C) Central Bay Traffic Lanes—(1) beginning. Westbound traffic lane: Bounded by the Central Bay precautionary area and Datum: NAD 83 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 area, between the Central Bay Separa- 37°51′53″ N, 122°24′58″ W; thence to 37°54′15″ N, ° ′ ″ ° ′ ″ ° ′ ″ tion Zone and a line connecting the fol- 122 27 27 W; thence to 37 56 06 N, 122 26 49 W; 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, 37°48′41″ N, 122°25′17″ W; thence to 37°48′50″ N, 122°26′10″ W; thence to 37°51′53″ N, 122°24′00″ W; 122°26′14″ W; thence to 37°48′52″ N, 122°27′49″ W. thence to returning to the point of beginning. Datum: NAD 83 Datum: NAD 83 (3) Deep Water (two-way) Traffic Lane: Bounded by the Central Bay pre- (3) San Pablo Strait Channel RNA. The cautionary area and the Golden Gate following is a regulated navigation precautionary area, between the Deep area—The waters bounded by a line Water Traffic Lane separation zone and connecting the following coordinates, a line connecting the following coordi- beginning at: nates, beginning at: 37°56′06″ N, 122°26′49″ W; thence to 37°57′26″ N, ° ′ ″ ° ′ ″ ° ′ ″ 37°49′55″ N, 122°28′09″ W; thence to 37°50′36″ N, 122 27 21 W; thence to 38 00 48 N, 122 24 45 W; ° ′ ″ ° ′ ″ 122°27′12″ W; thence to 37°50′47″ N, 122°26′26″ W. thence to 38 01 54 N, 122 22 24 W; thence to 38°01′44″ N, 122°22′18″ W; thence to 37°57′37″ N, Datum: NAD 83 122°26′23″ W; thence to 37°56′06″ N, 122°26′34″ W; thence returning to the point of beginning. (D) Central Bay Separation Zone: The area 75 yards each side of a line con- Datum: NAD 83 necting the following coordinates, be- (4) Pinole Shoal Channel RNA. The fol- ginning at: lowing is a regulated navigation area— 37°49′17″ N, 122°27′47″ W; thence to 37°49′35″ N, The waters bounded by a line con- 122°25′25″ W. necting the following coordinates, beginning at: Datum: NAD 83 38°01′54″ N, 122°22′25″ W; thence to 38°03′13″ N, (E) Deep Water Traffic Lane Separation 122°19′50″ W; thence to 38°03′23″ N, 122°18′31″ W; Zone: The area 75 yards each side of a thence to 38°03′13″ N, 122°18′29″ W; thence to

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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): The following is a regulated navigation (d) General regulations. (1) A power- area—The waters bounded by the fol- driven vessel of 1600 or more gross tons, lowing longitude lines: or a tug with a tow of 1600 or more (i) 122°13′31″ W (coinciding with the gross tons, navigating within the RNAs charted location of the Carquinez defined in paragraph (c) of this section, Bridge) shall not exceed a speed of 15 knots (ii) 121°53′17″ W (coinciding with the through the water. charted location of New York Point) (2) A power-driven vessel of 1600 or Datum: NAD 83 more gross tons, or a tug with a tow of (6) Southampton Shoal Channel/Rich- 1600 or more gross tons, navigating mond Harbor RNA: The following, con- within the RNAs defined in paragraph sisting of two distinct areas, is a regu- (c) of this section, shall have its en- lated navigation area— gine(s) ready for immediate maneuver (i) The waters bounded by a line con- and shall operate its engine(s) in a connecting the following coordinates, be- trol mode and on fuel that will allow ginning at: for an immediate response to any engine 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 Datum: NAD 83 the RNAs defined in paragraph (c) of 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. 37°54′28″ N, 122°23′36″ W; thence to (e) Specific Regulations—(1) San Fran- 37°54′20″ N, 122°23′38″ W; thence to cisco Bay RNA: (i) A vessel shall navi- 37°54′23″ N, 122°24′02″ W; thence to gate with particular caution in a pre- 37°54′57″ N, 122°24′51″ W; thence to cautionary area, or in areas near the 37°55′05″ N, 122°25′02″ W; thence to terminations of traffic lanes or chan- 37°54′57″ N, 122°25′22″ W; thence to nels, as described in this regulation. ° ′ ″ ° ′ ″ 37 53 26 N, 122 25 03 W; thence to (ii) A power-driven vessel of 1600 or 37°53′24″ N, 122°25′13″ W; thence to 37°55′30″ N, 122°25′35″ W; thence to more gross tons, or a tug with a tow of 37°55′40″ N, 122°25′10″ W; thence to 1600 or more gross tons, shall: 37°54′54″ N, 122°24′30″ W; thence to (A) Use the appropriate traffic lane 37°54′30″ N, 122°24′00″ W; thence returning to and proceed in the general direction of the point of beginning. traffic flow for that lane; (B) Use the Central Bay Deep Water Datum: NAD 83 Traffic Lane if eastbound with a draft (7) Oakland Harbor RNA: The fol- of 45 feet or greater or westbound with lowing is a regulated navigation area— a draft of 28 feet or greater; The waters bounded by a line con- (C) Not enter the Central Bay Deep necting the following coordinates, be- Water Traffic Lane when another ginning at: power-driven vessel of 1600 or more gross tons or tug with a tow of 1600 or 37°48′40″ N, 122°19′58″ W; thence to more gross tons is navigating therein 37°48′50″ N, 122°20′02″ W; thence to when either vessel is: ° ′ ″ ° ′ ″ 37 48 29 N, 122 20 39 W; thence to (1) Carrying certain dangerous car- 37°48′13″ N, 122°21′26″ W; thence to 37°48′10″ N, 122°21′39″ W; thence to goes (as denoted in section 160.203 of 37°48′20″ N, 122°22′12″ W; thence to this subchapter); 37°47′36″ N, 122°21′50″ W; thence to (2) Carrying bulk petroleum prod- 37°47′52″ N, 122°21′40″ W; thence to ucts; or

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(3) A tank vessel in ballast if such nates 38°02′18″ N, 122°07′17″ W) of the entry would result in meeting, cross- railroad bridge across Carquinez Strait ing, or overtaking the other vessel. at mile 7.0 shall, immediately after en- (D) Normally join or leave a traffic tering the RNA, determine whether the lane at the termination of the lane, but visibility around the lift span is 1⁄2 nau- when joining or leaving from either tical mile or greater. side, shall do so at as small an angle to (B) If the visibility is less than 1⁄2 the general direction of traffic flow as nautical mile, or subsequently becomes practicable; less than 1⁄2 nautical mile, the vessel (E) So far as practicable keep clear of shall not transit under the lift span. the Central Bay Separation Zone and (ii) Westbound vessels: (A) The master, the Deep Water Traffic Lane Separa- pilot, or person directing the move- tion Zone; ment of a power-driven vessel of 1600 or (F) Not cross a traffic lane separation more gross tons or a tug with a tow of zone unless crossing, joining, or leav- 1600 or more gross tons traveling west- ing a traffic lane. bound and intending to transit under (2) Pinole Shoal Channel RNA: (i) A the lift span (centered at coordinates vessel less than 1600 gross tons or a tug 38°02′18″ N, 122°07′17″ W) of the railroad with a tow of less than 1600 gross tons bridge across Carquinez Strait at mile is not permitted within this RNA. 7.0 shall, immediately after entering (ii) A power-driven vessel of 1600 or the RNA determine whether the visi- more gross tons or a tug with a tow of bility around the lift span is 1⁄2 nau- 1600 or more gross tons shall not enter tical mile or greater. Pinole Shoal Channel RNA when an- (B) If the visibility is less than 1⁄2 other power-driven vessel of 1600 or nautical mile, the vessel shall not pass more gross tons or tug with a tow of beyond longitude line 121°55′19″ W (co- 1600 or more gross tons is navigating inciding with the charted position of therein if such entry would result in the westernmost end of Mallard Island) meeting, crossing, or overtaking the until the visibility improves to greater other vessel, when either vessel is: than 1⁄2 nautical mile around the lift (A) Carrying certain dangerous car- span. goes (as denoted in § 160.203 of this sub- (C) If after entering the RNA visi- chapter); bility around the lift span subse- (B) Carrying bulk petroleum prod- quently becomes less than 1⁄2 nautical ucts; or mile, the master, pilot, or person di- (C) A tank vessel in ballast. recting the movement of the vessel ei- (iii) Vessels permitted to use this ther shall not transit under the lift channel shall proceed at a reasonable span or shall request a deviation from speed so as not to endanger other ves- the requirements of the RNA as pre- sels or interfere with any work which scribed in paragraph (b) of this section. may become necessary in maintaining, (D) Vessels that are moored or an- surveying, or buoying the channel, and chored within the RNA with the intent they shall not anchor in the channel to transit under the lift span shall re- except in case of a deviation authorized main moored or anchored until visi- under paragraph (b) of this section. bility around the lift span becomes (iv) This paragraph shall not be con- greater than 1⁄2 nautical mile. strued as prohibiting any necessary use (4) Southampton Shoal/Richmond Har- of the channel by any public vessels bor RNA: A power-driven vessel of 1600 while engaged in official duties, or in or more gross tons, or a tug with a tow emergencies by pilot boats. of 1600 or more gross tons, shall not (3) Benicia-Martinez Railroad Draw- enter Southampton Shoal/Richmond bridge Regulated Navigation Area Harbor RNA when another power-driv- (RNA)—(i) Eastbound vessels: (A) The en vessel of 1600 or more gross tons, or master, pilot, or person directing the a tug with a tow of 1600 or more gross movement of a power-driven vessel of tons, is navigating therein, if such 1600 or more gross tons or a tug with a entry would result in meeting, cross- tow of 1600 or more gross tons traveling ing, or overtaking the other vessel. eastbound and intending to transit (5) Oakland Harbor RNA: A power- under the lift span (centered at coordi- driven vessel of 1600 or more gross tons

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or a tug with a tow of 1600 or more (c) Effective Period. The safety/secu- gross tons shall not enter the Oakland rity zone will be effective commencing Harbor RNA when another power-driv- at the time any vessel described in en vessel of 1600 or more gross tons, or paragraph (a)(1) of this section enters a tug with a tow of 1600 or more gross the zone described in paragraph (a)(1) tons, is navigating therein, if such of this section and will remain in effect entry would result in meeting, cross- until all spent nuclear materials cargo ing, or overtaking the other vessel. handling operations have been completed at Weapons Support Facility [CGD11–94–007, 60 FR 16796, Apr. 3, 1995; 60 FR 30157, June 7, 1995. Redesignated by USCG– Seal Beach Detachment Concord. 2001–9286, 66 FR 33642, June 25, 2001, as (d) Regulations. The general regula- amended by USCG–2003–15404, 68 FR 37741, tions governing safety and security 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, Carquinez Strait, and Suisun Bay, hibited unless authorized by Com- CA. mander, Eleventh Coast Guard Dis- trict, or his designated representative. (a) Regulated Area. The following area is established as a moving safety/secu- [CGD11–98–005, 63 FR 38754, July 20, 1998. Re- rity zone: designated by USCG–2001–9286, 66 FR 33642, (1) All waters 200 yards ahead and June 25, 2001] astern and 100 yards to each side of every vessel transporting nuclear ma- § 165.1183 Security Zones; Cruise 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 buoys 7 and 8 (LLNR 4190 & 4195, posi- (a) Definitions. As used in this sections 37°46.9′ N, 122°35.4′ W & 37°46.5′ N, tion— 122°35.2′ W, respectively) until safely Cruise ship means any vessel over 100 moored at the Weapons Support Facil- gross register tons, carrying more than ity Seal Beach Detachment Concord on 12 passengers for hire which makes Suisun Bay (position 38°03.3′ N, 122°02.5′ voyages lasting more than 24 hours, of W). All coordinates referenced use which any part is on the high seas. Pas- datum: NAD 1983. sengers from cruise ships are embarked (2) All waters within 100 yards of such or disembarked in the U.S. or its terri- vessels described in paragraph (a)(1) of tories. Cruise ships do not include fer- this section while such vessels are con- ries that hold Coast Guard Certificates ducting cargo operations at the Weap- of Inspection endorsed for ‘‘Lakes, ons Support Facility Seal Beach De- Bays and Sounds’’ that transit inter- tachment Concord. national waters for only short periods (b) Notification. Commander, Elev- of time on frequent schedules. enth Coast Guard District, will cause High Interest Vessel or HIV means any notice of the activation of this safety/ vessel deemed by the Captain of the security zone to be made by all appro- Port, or higher authority, as a vessel priate means to effect the widest pub- requiring protection based upon risk licity among the affected segments of assessment analysis of the vessel and is the public, including publication in the therefore escorted by a Coast Guard or FEDERAL REGISTER as practicable, in other law enforcement vessel with an accordance with the provisions of 33 embarked Coast Guard commissioned, CFR 165.7(a); such means of announce- warrant, or petty officer. ment may include, but are not limited Tanker means any self-propelled tank to, Broadcast Notice to Mariners. The vessel constructed or adapted pri- Coast Guard will issue a Broadcast No- marily to carry oil or hazardous mate- tice to Mariners notifying the public rials in bulk in the cargo spaces. when nuclear materials cargo handling (b) Locations. The following areas are has been completed. security zones:

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(1) San Francisco Bay. All waters, ex- § 165.1185 Regulated Navigation Area; tending from the surface to the sea San Francisco Bay, San Pablo Bay, floor, within 100 yards ahead, astern Carquinez Strait, Suisun Bay, Sac- and extending 100 yards along either ramento River, San Joaquin River, side of any cruise ship, tanker or HIV and connecting waters in Cali- fornia. that is underway, anchored, or moored within the San Francisco Bay and (a) Location. All waters of San Fran- Delta port areas shoreward of the line cisco Bay, San Pablo Bay, Carquinez drawn between San Francisco Main Strait, Suisun Bay, Sacramento River, Ship Channel buoys 7 and 8 (LLNR 4190 San Joaquin River, and connecting wa- & 4195, positions 37°46.9′ N, 122°35.4′ W ters in California are a Regulated Navi- and 37°46.5′ N, 122°35.2′ W, respectively); gation Area. (2) Monterey Bay. All waters, extend- (b) Definitions. ‘‘Liquefied hazardous gas (LHG)’’ is a liquid containing one ing from the surface to the sea floor, or more of the products listed in Table within 100 yards ahead, astern and ex- 127.005 of 33 CFR 127.005 that is carried tending 100 yards along either side of in bulk on board a tank vessel as a liq- any cruise ship, tanker or HIV that is uefied gas product. The hazards nor- underway, anchored, or moored within mally associated with these products the Monterey Bay area shoreward of a include toxic or flammable properties line drawn between Santa Cruz Light or a combination of both. (LLNR 305) to the north in position (c) Regulations. All vessels loaded 36°57.10′ N, 122°01.60′ W, and Cypress with a cargo of liquefied hazardous gas Point, Monterey to the south, in posi- (LHG) within this Regulated Naviga- tion 36°34.90′ N, 121°58.70′ W. tion Area must proceed directly to (3) Humboldt Bay. All waters, extend- their intended cargo reception facility ing from the surface to the sea floor, to discharge their LHG cargo, unless: within 100 yards ahead, astern and ex- (1) The vessel is otherwise directed or tending 100 yards along either side of permitted by the Captain of the Port. any cruise ship, tanker or HIV that is The Captain of the Port can be reached underway, anchored, or moored within at telephone number (415) 399–3547 or on the Humboldt Bay area shoreward of a VHF-FM channel 16 (156.8 MHz). If per- 4 nautical mile radius line drawn to the mission is granted, all persons and ves- west of the Humboldt Bay Entrance sels must comply with the instructions Lighted Whistle Buoy HB (LLNR 8130), of the Captain of the Port or his or her in position 40°46.25′ N, 124°16.13′ W. designated representative. (c) Regulations. (1) In accordance with (2) The vessel is in an emergency sit- the general regulations in § 165.33 of uation and unable to proceed as di- this part, entry into or remaining in rected in paragraph (a) of this section this zone is prohibited unless author- without endangering the safety of per- ized by the Coast Guard Captain of the sons, property, or the environment. Port, San Francisco Bay, or his des- [CGD11 04–001, 69 FR 30206, May 27, 2004] ignated representative. (2) Persons desiring to transit the § 165.1187 Security Zones; Golden Gate area of the security zone may contact Bridge and the San Francisco-Oak- land Bay Bridge, San Francisco the Captain of the Port at telephone Bay, California. number 415–399–3547 or on VHF-FM channel 16 (156.8 MHz) to seek permis- (a) Location. All waters extending sion to transit the area. If permission from the surface to the sea floor, with- is granted, all persons and vessels must in 25 yards of all piers, abutments, comply with the instructions of the fenders and pilings of the Golden Gate Bridge and the San Francisco-Oakland Captain of the Port, or his designated Bay Bridge, in San Francisco Bay, representative. California. [COTP San Francisco Bay 04–003, 70 FR 18307, (b) Regulations. (1) In accordance with Apr. 11, 2005] the general regulations in § 165.33 of this part, entry into these security zones is prohibited, unless doing so is

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necessary for safe navigation, to con- 122°15′07.22″ W; thence closely paral- duct official business such as scheduled leling the edge of the charted naviga- maintenance or retrofit operations, or tion channel to latitude 37°46′46.75″ N unless specifically authorized by the and longitude 122°15′00.21″ W; thence Captain of the Port San Francisco Bay closely paralleling the edge of the or his designated representative. charted navigation channel to a point (2) Persons desiring to transit the approximately 20 yards into the area of the security zone may contact charted navigation channel at latitude the Captain of the Port at telephone 37°46′42.36″ N and longitude 122°14′51.55″ number 415–399–3547 or on VHF-FM W; thence to a point on land approxi- channel 16 (156.8 MHz) to seek permis- mately 50 yards southeast of the south- sion to transit the area. If permission eastern end of the Coast Guard Island is granted, all persons and vessels must Pier at latitude 37°46′44.80″ N and lon- comply with the instructions of the gitude 122°14′48.80″ W; thence northwest Captain of the Port or his or her des- along the shoreline back to the begin- ignated representative. ning point. (c) Enforcement. All persons and ves- (b) Regulations. (1) Under § 165.33, sels shall comply with the instructions entry into or remaining in this zone is of the Coast Guard Captain of the Port prohibited unless authorized by the or the designated on-scene patrol per- Coast Guard Captain of the Port, San sonnel. Patrol personnel comprise com- Francisco Bay, or his designated rep- missioned, warrant, and petty officers resentative. of the Coast Guard onboard Coast (2) Persons desiring to transit the Guard, Coast Guard Auxiliary, local, area of the security zone may contact state, and federal law enforcement ves- the Captain of the Port at telephone sels. Upon being hailed by U.S. Coast number 415–399–3547 or on VHF-FM Guard patrol personnel by siren, radio, 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 Captain of the Port or his designated [COTP San Francisco Bay 03–029, 69 FR 11316, Mar. 10, 2004] representative. (c) Enforcement. The Captain of the § 165.1190 Security Zone; San Fran- Port will enforce this security zone and cisco Bay, Oakland Estuary, Ala- may be assisted in the patrol and en- meda, CA. forcement of this security zone by any (a) Location. The following area is a Federal, State, county, municipal, or security zone: All navigable waters of private agency. the Oakland Estuary, California, from [COTP San Francisco Bay 05–006, 70 FR 48874, the surface to the sea floor, approxi- Aug. 22, 2005] mately 50 yards into the Oakland Estu- ary surrounding the Coast Guard Island § 165.1191 Safety zones: Northern Cali- Pier. The perimeter of the security fornia annual fireworks events. zone follows the same perimeter as the (a) General. Safety zones are estab- floating security barrier installed lished for the events listed in Table 1 of around the Coast Guard Island pier. this section. Further information on The perimeter of the security barrier is exact dates, times, and other details located along the following coordi- concerning the exact geographical de- nates: commencing at a point on land scription of the areas are published by approximately 50 yards northwest of the Eleventh Coast Guard District in the northwestern end of the Coast the Local Notice to Mariners prior to Guard Island Pier at latitude each event. 37°46′53.60″ N and longitude 122°15′06.10″ (b) Regulations. ‘‘Official Patrol Ves- W; thence to the edge of the navigable sels’’ consist of any Coast Guard, other channel at latitude 37°46′51.83″ N and Federal, state or local law enforce- longitude 122°15′07.47″ W; thence to a ment, and any public or sponsor-pro- position approximately 10 yards into vided vessels assigned or approved by the charted navigation channel at lati- Commander, Coast Guard Sector San tude 37°46′51.27″ N and longitude Francisco, to patrol each event.

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(1) In accordance with the general the regulated area. The Patrol Com- regulations in § 165.23 of this part, en- mander shall be designated by the tering into, transiting through, or an- Commander, Coast Guard Sector San choring within these zones is prohib- Francisco; will be a U.S. Coast Guard ited, unless authorized by the Patrol commissioned officer, warrant officer Commander. or petty officer to act as the Sector (2) Each person in a safety zone who Commander’s official representative; receives notice of a lawful order or di- and will be located aboard the lead offi- rection issued by an official patrol ves- cial patrol vessel. sel shall obey the order or direction. (4) The Patrol Commander may, upon (3) The Patrol Commander request, allow the transit of commer- (PATCOM) is empowered to forbid and cial vessels through regulated areas control the movement of all vessels in 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. 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.

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

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]

§ 165.1192 Security Zones; Waters sur- Latitude Longitude rounding San Francisco Inter- ° ′ ″ ° ′ ″ national Airport and Oakland Inter- 37 36 45 N 122 122 18 W 37°36′26″ N 122°21′30″ W national Airport, San Francisco 37°36′31″ N 122°21′21″ W Bay, California. 37°36′17″ N 122°20′45″ W (a) Locations. The following areas are 37°36′37″ N 122°20′40″ W 37°36′50″ N 122°21′08″ W security zones: 37°37′00″ N 122°21′12″ W (1) San Francisco International Airport 37°37′21″ N 122°21′53″ W Security Zone. This security zone in- 37°37′39″ N 122°21′44″ W cludes all waters extending from the 37°37′56″ N 122°21′51″ W 37°37′50″ N 122°22′20″ W surface to the sea floor within approxi- 37°38′25″ N 122°22′54″ W mately 200 yards seaward from the 37°38′23″ N 122°23′01″ W shoreline of the San Francisco Inter- national Airport and encompasses all and along the shoreline back to the be- waters in San Francisco Bay within a ginning point. line connecting the following geo- (2) Oakland International Airport Secu- graphical positions— rity Zone. This security zone includes all waters extending from the surface Latitude Longitude to the sea floor within approximately 37°36′19″ N 122°22′36″ W 200 yards seaward from the shoreline of

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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— COTP means the Captain of the Port Latitude Longitude 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 Sector means Coast Guard Sector/Air 37°43′34″ N 122°15′12″ W 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 manding Officer of Coast Guard Sector/ 37°41′53″ N 122°12′44″ W 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 materials or substances listed in 46 37°42′08″ N 122°12′32″ W 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 ing in this zone is prohibited unless au- oil mixed with wastes other than thorized by the Coast Guard Captain of dredged spoil. the Port, San Francisco Bay, or his Station means Coast Guard Station designated representative. Humboldt Bay. (2) Persons desiring to transit the Tank Vessel means any vessel that is area of a security zone may contact the constructed or adapted to carry, or Captain of the Port at telephone num- that carries, oil or hazardous material ber 415–399–3547 or on VHF-FM channel in bulk as cargo or cargo residue. 16 (156.8 MHz) to seek permission to (c) Applicability. These regulations transit the area. If permission is grant- apply to the owners and operators of ed, all persons and vessels must comply tank vessels transporting oil or haz- with the instructions of the Captain of ardous material as cargo within the the Port or his or her designated rep- Humboldt Bay Area. resentative. (d) Regulations. (1) In addition to the (c) Enforcement. All persons and ves- arrival and departure notification re- sels shall comply with the instructions quirements listed in title 33 CFR, part of the Coast Guard Captain of the Port 160, Ports and Waterways Safety—Gen- or the designated on-scene patrol per- eral, subpart C—Notifications of ‘‘Ar- sonnel. Patrol personnel comprise com- rivals, Departures, Hazardous Condi- missioned, warrant, and petty officers tions, and Certain Dangerous Cargoes’’, of the Coast Guard onboard Coast the owner, master, agent or person in Guard, Coast Guard Auxiliary, local, charge of a vessel to which this notice state, and federal law enforcement ves- applies shall obtain permission to cross sels. Upon being hailed by U.S. Coast within four hours of crossing the Hum- Guard patrol personnel by siren, radio, boldt Bay Bar. Between 6:30 a.m. and 10 flashing light, or other means, the op- p.m., notification/requests for permis- erator of a vessel shall proceed as di- sion can be made to Station Humboldt rected. Bay on VHF-FM Channel 16, or at (707) [COTP San Francisco Bay 03–009, 69 FR 34282, 443–2213. If between 10 p.m. and 6:30 June 21, 2004] a.m., or if unable to reach the Station, notification/requests for permission § 165.1195 Regulated Navigation Area; can be made directly to Sector/Air Sta- Humboldt Bay Bar Channel and tion Humboldt Bay on VHF-FM Chan- Humboldt Bay Entrance Channel, nel 16 or at (707) 839–6113. Humboldt Bay, California. (2) Permission for a bar crossing by (a) Location. The Regulated Naviga- vessels or towing vessels and their tows tion Area (RNA) includes all navigable to which this regulation applies is de- waters of the Humboldt Bay Bar Chan- pendent on environmental and safety

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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 (3) If the bar is closed to vessels to (707) 839–6113 if between 10 p.m. and 6:30 which this regulation applies, waiver a.m. requests will be accepted within four (e) Enforcement. Acting as a rep- hours of crossing the entrance channel. resentative of the Captain of the Port, If the waiver request is made between the Humboldt Bay Sector Commander 6:30 a.m. and 10 p.m., the request will enforce this regulation and has the should be made to Station Humboldt authority to take steps necessary to Bay on VHF-FM Channel 16, or at (707) ensure the safe transit of vessels in 443–2213. If between 10 p.m. and 6:30 Humboldt Bay. The Sector Commander a.m., or if unable to reach the Station, can enlist the aid and cooperation of the request can be made directly to any Federal, State, county, and munic- Sector/Air Station Humboldt Bay on ipal agency to assist in the enforce- VHF-FM Channel 16 or at (707) 839–6113. ment of the regulation. All persons and Waiver requests must be made by the vessels shall comply with the instruc- vessel master and must provide the fol- tions of the Sector Commander or the lowing: A description of the proposed designated on-scene patrol personnel. operation, the conditions for which the Patrol personnel comprise commis- waiver is requested, the reasons for re- sioned, warrant, and petty officers of questing the waiver, the reasons that the Coast Guard onboard Coast Guard, the requester believes the proposed op- Coast Guard Auxiliary, local, State, eration can be accomplished safely, and Federal law enforcement vessels. and a callback phone number. The Sta- Upon being hailed by U.S. Coast tion or Sector Watchstander receiving Guard patrol personnel by siren, radio, the request will brief the Officer in flashing light, or other means, the op- Charge of the Station who will then erator of a vessel shall proceed as di- brief the Sector Commander. The au- rected. thority to grant waivers rests with the [CGD11–05–006, 70 FR 49492, Aug. 24, 2005] Sector Commander or his designated representative. § 165.1197 Security Zones; San Fran- (4) In addition to the requirements in cisco Bay, San Pablo Bay, paragraphs (d)(1)–(3) of this section, Carquinez Strait, Suisun Bay, Cali- vessels transporting liquefied haz- fornia. ardous gases or compressed hazardous (a) Locations. The following areas are gases in bulk as cargo into or out of security zones: Humboldt Bay are required to be aided (1) Chevron Long Wharf, San Francisco by two assist tugs. If the vessel car- Bay. This security zone includes all wa- rying the gases is towed, the assist tug ters extending from the surface to the requirement is in addition to the tow- sea floor within approximately 100 ing tug. The assist tugs shall escort the yards of the Chevron Long Wharf,

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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 ° ′ ″ ° ′ ″ 38°02′03.1″ N 122°07′11.9″ W 37 55 47.1 N 122 24 55.5 W ° ′ ″ ° ′ ″ 37°55′42.9″ N 122°25′03.5″ W 38 02 05.6 N 122 07 18.9 W 38°02′07.9″ N 122°07′14.9″ W 37°55′11.2″ N 122°24′32.8″ W 38°02′13.0″ N 122°07′19.4″ W 37°55′14.4″ N 122°24′27.5″ W 38°02′05.7″ N 122°07′35.9″ W 37°55′19.7″ N 122°24′23.7″ W 38°02′00.5″ N 122°07′31.1″ W 37°55′22.2″ N 122°24′26.2″ W 38°02′01.8″ N 122°07′27.3″ W 37°55′38.5″ N 122°23′56.9″ W 38°01′55.0″ N 122°07′11.0″ W 37°55′47.8″ N 122°23′53.3″ 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 extending from the surface to the sea from the surface to the sea floor within floor within approximately 100 yards of approximately 100 yards of the Valero the Conoco-Phillips Wharf, Rodeo, CA, Pier, Benicia, CA, and encompasses all and encompasses all waters in San waters in the Carquinez Strait within a Pablo Bay within a line connecting the line connecting the following geo- following geographical positions— graphical positions— Latitude Longitude Latitude Longitude ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 38 02 37.6 N 122 07 51.5 W 38 03 06.0 N 122 15 32.4 W 38°02′34.7″ N 122°07′48.9″ W 38°03′20.7″ N 122°15′35.8″ W ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 38 02 44.1 N 122 07 34.9 W 38 03 21.8 N 122 15 29.8 W 38°02′48.0″ N 122°07′37.9″ W ° ′ ″ ° ′ ″ 38 03 29.1 N 122 15 31.8 W 38°02′47.7″ N 122°07′42.1″ W 38°03′23.8″ N 122°15′55.8″ W 38°03′16.8″ N 122°15′53.2″ W 38°03′18.6″ N 122°15′45.2″ W and along the shoreline back to the be- 38°03′04.0″ N 122°15′42.0″ W ginning point. (6) Avon Pier, Suisun Bay. This secu- and along the shoreline back to the be- rity zone includes all waters extending ginning point. from the surface to the sea floor within (3) Shell Terminal, Carquinez Strait. approximately 100 yards of the Avon This security zone includes all waters Pier, Martinez, CA, and encompasses extending from the surface to the sea all waters in Suisun Bay within a line floor within approximately 100 yards of connecting the following geographical the Shell Terminal, Martinez, CA, and positions— encompasses all waters in San Pablo Bay within a line connecting the fol- Latitude Longitude lowing geographical positions— 38°02′24.6″ N 122°04′52.9″ W 38°02′54.0″ N 122°05′19.5″ W Latitude Longitude 38°02′55.8″ N 122°05′16.1″ W 38°03′02.1″ N 122°05′19.4″ W 38°01′39.8″ N 122°07′40.3″ W 38°02′55.1″ N 122°05′42.6″ W 38°01′54.0″ N 122°07′43.0″ W 38°02′48.8″ N 122°05′39.2″ W 38°01′56.9″ N 122°07′37.9″ W 38°02′52.4″ N 122°05′27.7″ W 38°02′02.7″ N 122°07′42.6″ W 38°02′46.5″ N 122°05′22.4″ W 38°01′49.5″ N 122°08′08.7″ W 38°01′43.7″ N 122°08′04.2″ W 38°01′50.1″ N 122°07′50.5″ W and along the shoreline back to the be- 38°01′36.3″ N 122°07′47.6″ W ginning point. (b) Regulations. (1) In accordance with and along the shoreline back to the be- the general regulations in § 165.33, ginning point. entry into the security zones described (4) Amorco Pier, Carquinez Strait. This in paragraph (a) of this section is pro- security zone includes all waters ex- hibited, unless specifically authorized

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by the Captain of the Port San Fran- (c) Enforcement. All persons and ves- cisco Bay, or his designated representa- sels must comply with the instructions tive. of the Coast Guard Captain of the Port (2) Persons desiring to transit the or the designated on-scene patrol per- area of a security zone may contact the sonnel. Patrol personnel comprise com- Captain of the Port at telephone num- missioned, warrant, and petty officers ber 415–399–3547 or on VHF-FM channel of the Coast Guard onboard Coast 16 (156.8 MHz) to seek permission to Guard, Coast Guard Auxiliary, local, transit the area. If permission is grant- state, and federal law enforcement ves- ed, all persons and vessels must comply sels. The U.S. Coast Guard may be as- with the instructions of the Captain of sisted in the patrol and enforcement of the Port or his designated representa- the security zones by local law enforce- tive. ment and the MOTCO police as nec- (c) Enforcement. The U.S. Coast Guard essary. Upon being hailed by U.S. Coast may be assisted in the patrol and en- Guard patrol personnel by siren, radio, forcement of these security zones by flashing light, or other means, the op- federal, state and local law enforce- erator of a vessel must proceed as di- ment as necessary. rected. [COTP San Francisco Bay 05–007, 71 FR 12138, (d) Notice of enforcement or suspension Mar. 9, 2006] of enforcement of security zone(s). The COTP San Francisco Bay will cause no- § 165.1199 Security Zones; Military tification of enforcement of the secu- Ocean Terminal Concord (MOTCO), rity zone(s) to be made by issuing a Concord, California. Local Notice to Mariners and a Broad- (a) Location. The security zone(s) en- cast Notice to Mariners to inform the compass the navigable waters of affected segments of the public. During Suisun Bay, California, extending from periods that the security zone(s) are the surface to the sea floor, within 500 being enforced, Coast Guard patrol per- yards of the three Military Ocean Ter- sonnel will notify mariners to keep out minal Concord (MOTCO) piers in Con- of the security zone(s) as they ap- cord, California. proach the area. In addition, Coast (b) Regulations. (1) The Captain of the Guard Sector San Francisco Bay main- Port (COTP) San Francisco Bay will tains a telephone line that is main- enforce the security zone(s) established tained 24 hours a day, 7 days a week. by this section during military onload The public can contact Sector San or offload operations only upon notice. Francisco Bay at (415) 399–3530 to ob- Upon notice of enforcement by the tain information concerning enforce- COTP, entering, transiting through or ment of this rule. When the security anchoring in the zone(s) is prohibited zone(s) are no longer needed, the COTP unless authorized by the COTP or his will cease enforcement of the security designated representative. Upon notice zone(s) and issue a Broadcast Notice to of suspension of enforcement by the Mariners to notify the public. Upon no- COTP, all persons and vessels are tice of suspension of enforcement, all granted general permissions to enter, persons and vessels are granted general transit, and exit the security zone(s). permissions to enter, move within and (2) If more than 1 pier is involved in exit the security zone(s). onload or offload operations at the [COTP San Francisco Bay 04–007, 70 FR 3301, same time, the 500-yard security zone Jan. 24, 2005] for each involved pier will be enforced. (3) Persons desiring to transit the THIRTEENTH COAST GUARD DISTRICT area of a security zone may contact the Patrol Commander on scene on VHF- § 165.1301 Puget Sound and Adjacent FM channel 13 or 16 or the COTP at Waters in Northwestern Wash- telephone number 415–399–3547 to seek ington—Regulated Navigation Area. permission to transit the area. If per- The following is a regulated naviga- mission is granted, all persons and ves- tion area—All of the following north- sels must comply with the instructions western Washington waters under the of the COTP or his designated rep- jurisdiction of the Captain of the Port, resentative. Puget Sound: Puget Sound, Hood

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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 VHF-FM radio frequency for the area Dungeness when a vessel following a in which the vessel is operating. A safe TSS approaches. Such vessels not fol- alternative to the radio listening lowing a TSS or a connecting pre- watch is to stay clear of the TSS and cautionary area shall draw in their connecting precautionary area. gear, maneuver, or otherwise clear (2) Vessels engaged in gill net fishing these areas so that their action is com- at any time between sunset and sunrise plete at least fifteen minutes before in any of the waters defining the regu- the arrival of a vessel following the lated navigation are of this section TSS. Vessels which are required by this shall, in addition to the navigation paragraph to remain clear of a con- lights and shapes required by Part 81 of necting precautionary area east of New this title (72 COLREGS), display at the Dungeness or a traffic lane must also end of the net most distant from the remain clear of the adjacent separation vessel on all-round (32-point) white zone when in a TSS east of New Dunge- light visible for a minimum of two nau- ness. tical miles and displayed from at least (2) A vessel following the TSS may three feet above the surface of the not exceed a speed of 11 knots through water. the water. (3) Vessels engaged in fishing, includ- (3) Vessels engaged in fishing, including gillnet and purse seine fishing, are ing gillnet and purse seine fishing, are prohibited in the following Prohibited prohibited in the following Prohibited Fishing Area: The Hood Canal Bridge, Fishing Area: Edmonds/Kingston ferry

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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 ment of the vessel following the TSS any further restrictions on vessel oper- may deviate from this section to the ations within the security zone as have extent necessary to avoid endangering been previously agreed upon by the persons, property, or the environment, Captain of the Port and Commanding and shall report the deviation to the Officer, Naval Submarine Base Bangor. VTC as soon as possible. The certificate of exemption shall be [CGD 13–98–002, 63 FR 7708, Feb. 17, 1998] maintained on board the exempted vessel so long as such vessel is operating § 165.1302 Bangor Naval Submarine in the security zone. Base, Bangor, WA. (2) Any vessel authorized to enter or (a) Location. The following is a secu- remain in the security zone may an- rity zone: The waters of the Hood chor in the security zone anchorage. Canal encompassed by a line com- (3) Other vessels desiring access to mencing on the east shore of Hood this zone shall secure permission from Canal at latitude 47°43′17″ N., longitude the Captain of the Port through the Se- 122°44′44″ W., thence to latitude 47°43′32″ curity Office of the Naval Submarine N., longitude 122°44′40″ W.; thence to Base Bangor. The request shall be for- latitude 47°43′50″ N., longitude 122°44′40″ warded in a timely manner to the Cap- W.; thence to latitude 47°44′24″ N., lon- tain of the Port by the appropriate gitude 122°44′22″ W.; thence to latitude Navy official. 47°45′47″ N., longitude 122°43′22″ W.; (d) Enforcement. The U.S. Coast thence to latitude 47°46′23″ N., lon- Guard may be assisted in the patrol

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and monitoring of this security zone by (3) In an emergency, the master, the U.S. Navy. pilot, or person directing the movement of the vessel may deviate from [CDG13 87–06, 52 FR 47924, Dec. 17, 1987] paragraph (c)(1) of this section to the § 165.1303 Puget Sound and adjacent extent necessary to avoid endangering waters, WA—regulated navigation persons, property, or the environment, area. and shall report the deviation to the (a) The following is a regulated navi- VTC as soon as possible. gation area: the waters of the United [CGD 90–020, 59 FR 36335, July 15, 1994, as States east of a line extending from amended by CGD 13–97–003, 62 FR 23660, May Discovery Island Light to New Dunge- 1, 1997] ness Light and all points in the Puget Sound area north and south of these § 165.1304 Bellingham Bay, Bel- lights. lingham, WA. (b) Regulations. (1) Tank vessel navi- (a) Location. The following area is a gation restrictions: Tank vessels larger safety zone: All waters of Bellingham than 125,000 deadweight tons bound for Bay, Washington, bounded by a circle a port or place in the United States with a radius of 1000 yards centered on may not operate in the regulated navi- the fireworks launching site located on gation area. the Georgia Pacific Lagoon Seawall at (2) Commander, Thirteenth Coast position latitude 48°44′56″ N, longitude Guard District may, upon written re- 122°29′40″ W, including the entrances to quest, issue an authorization to deviate the I & J Street Waterway and the from paragraph (b)(1) of this section if Whatcom Creek Waterway. [Datum: it is determined that such deviation NAD 83] provides an adequate level of safety. (b) Effective dates. This section is ef- Any application for authorization must fective annually on July fourth from state the need and fully describe the 9:30 p.m. to 11 p.m. unless otherwise proposed procedure. specified by FEDERAL REGISTER notice. (c) Precautionary Area Regulations. (1) (c) Regulation. In accordance with the A vessel in a precautionary area which general regulations in § 165.23 of this is depicted on National Oceanic and At- part, entry into this safety zone is pro- mospheric Administration (NOAA) hibited unless authorized by the Cap- nautical charts, except precautionary tain of the Port, Puget Sound, Seattle, ‘‘RB’’ (a circular area of 2,500 yards ra- WA. dius centered at 48–26′24″ N., 122–45′12″ [CGD13–95–008, 60 FR 61480, Nov. 30, 1995, as W.), must keep the center of the pre- amended by CGD 13–96–028, 61 FR 47824, Sept. cautionary area to port. 11, 1996] NOTE: The center of precautionary area ‘‘RB’’ is not marked by a buoy. § 165.1305 Commencement Bay, Ta- (2) The Puget Sound Vessel Traffic coma, WA. Service (PSVTS) may, upon verbal re- (a) Location. The following area is a quest, authorize a onetime deviation safety zone: All portions of Commence- from paragraph (c)(1) of this section for ment Bay bounded by the following co- a voyage, or part of a voyage, if the ordinates: Latitude 47°17′34″ N, Lon- proposed deviation provides a level of gitude 122°28′36″ W; thence to Latitude safety equivalent to or beyond that 47°17′06″ N, Longitude 122°27′40″ W; provided by the required procedure. thence to Latitude 47°16′42″ N, Lon- The deviation request must be made gitude 122°28′06″ W; thence to Latitude well in advance to allow the requesting 47°17′10″ W, Longitude 122°29′02″ W; vessel and the Vessel Traffic Center thence returning to the origin. This (VTC) sufficient time to assess the safety zone resembles a rectangle lying safety of the proposed deviation. Dis- adjacent to the shoreline along Ruston cussions between the requesting vessel Way. Floating markers will be placed and the VTC should include, but are by the sponsor of the event to delineate not limited to, information on the ves- the boundaries of the safety zone. sel handling characteristics, traffic [Datum: NAD 1983]. density, radar contacts, and environ- (b) Effective dates. This section is ef- mental conditions. fective annually on July the fourth

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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 sponsor of the fireworks display to de- [CGD13–95–009, 60 FR 61481, Nov. 30, 1995] lineate the boundaries of the safety § 165.1306 Lake Union, Seattle, WA. zone [Datum NAD 1983]. (b) Effective dates. This section is ef- (a) Location. The following area is a fective annually on July fourth from safety zone: All portions of the waters 9:30 p.m. to 11 p.m. unless otherwise of Lake Union bounded by the fol- specified by FEDERAL REGISTER notice. lowing coordinates: Latitude 47°38′32″ (c) Regulation. In accordance with the N, Longitude 122°20′34″ W; thence to general regulations in § 165.23 of this Latitude 47°38′32″ N, Longitude part, entry into this safety zone is pro- 122°19′48″ W; thence to Latitude 47°38′10″ hibited unless authorized by the Cap- N, Longitude 122°19′45″ W; thence to tain of the Port, puget sound, Seattle, Latitude 47°38′10″ N, Longitude WA. 122°20′24″ W; thence returning to the origin. 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 23, 1997] passes all waters from east to west for 2,500 feet. Floating markers will be § 165.1308 Columbia River, Vancouver, placed by the sponsor of the fireworks WA. demonstration to delineate the bound- (a) Location. The following area is a aries of the safety zone. [Datum: NAD safety zone: All waters of the Columbia 1983] River at Vancouver, Washington, (b) Effective dates. This section is ef- bounded by a line commencing at the fective annually on July fourth from northern base of the Interstate 5 high- 9:30 p.m. to 11 p.m. unless otherwise way bridge at latitude 45°37′17″ N, lon- specified by FEDERAL REGISTER notice. gitude 122°40′22″ W; thence south along (c) Regulation. In accordance with the the Interstate 5 highway bridge to lati- general regulations in § 165.23 of this tude 45°37′03″ N, longitude 122°40′32″ W; part, entry into the safety zone is pro- thence to latitude 45°36′28″ N, longitude hibited unless authorized by the Cap- 122°38′35″ W; thence to Ryan’s Point at tain of the Port, Puget Sound, Seattle, latitude 45°36′42″ N, longitude 122°38′35″ WA. The Captain of the Port may es- W; thence along the Washington shore- tablish transit lanes along the east and line to the point of origin. [Datum: west shorelines of Lake Union and may NAD 83]. allow boaters to transit north and (b) Effective dates. This section is ef- south through the safety zone in these fective annually on July fourth from 9 lanes. If established, these transit p.m. to 11 p.m. (PDT) unless otherwise lanes will remain open until 10 p.m. specified by FEDERAL REGISTER notice. and then be closed until the end of the (c) Regulation. In accordance with the fireworks display (approximately 30 general regulations in § 165.23 of this minutes). part, entry into this safety zone is pro- [CGD13–95–010, 60 FR 61483, Nov. 30, 1995] hibited unless authorized by the Cap- tain of the Port, Portland, Oregon. § 165.1307 Elliott Bay, Seattle, WA. [CGD13–95–055, 61 FR 18949, Apr. 30, 1996] (a) Location. The following area is a safety zone: All portions of Elliott Bay § 165.1309 Eagle Harbor, Bainbridge bounded by the following coordinates: Island, WA. Latitude 47°37′22″ N, Longitude (a) Regulated Area. A regulated navi- 122°22′06″ W; thence to Latitude 47°37′06″ gation area is established on that por- N, Longitude 122°21′45″ W; thence to tion of Eagle Harbor bounded by a line

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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). posed precautionary measures. Re- (c) Unless otherwise authorized by quests should be submitted in trip- the Commander, Thirteenth Coast licate, to facilitate review by U.S. EPA, Coast Guard, and Washington Guard District or his or her representa- State Agencies. USEPA managed reme- tive, no person or vessel may enter the dial design, remedial action, habitat active Moving Exclusionary Zone ex- mitigation, or monitoring activities cept for: associated with the Wyckoff/Eagle Har- (1) Authorized Makah whale hunt bor Superfund Site are excluded from vessel actively engaged in hunting op- the waiver requirement. USEPA is re- erations under direction of the master quired, however, to alert the Coast of the Makah vessel flying inter- Guard in advance concerning any of national numeral pennant five (5), and the above-mentioned activities that (2) A single authorized media pool may, or will, take place in the Regu- vessel operating in accordance with lated Area. paragraph (f) of this section. (d) The international numeral pen- [CGD 13–98–004, 64 FR 72561, Dec. 28, 1999] nant five (5) is only authorized to be § 165.1310 Strait of Juan de Fuca and displayed from one Makah whale hunt adjacent coastal waters of North- vessel during actual whale hunt oper- west Washington; Makah Whale ations. No other vessels may display Hunting—Regulated Navigation this pennant within the RNA at any Area. time. Whale hunt operations com- (a) The following area is a Regulated mence when a whale hunt vessel is un- Navigation Area (RNA): From 48°02.25′ derway and its master intends to have N, 124°42.1′ W northward along the a whale killed during the voyage. mainland shoreline of Washington Whale hunt operations cease once this State to Cape Flattery and thence intent is abandoned, a whale is landed, eastward along the mainland shoreline or when the international numeral pen- of Washington State to 48°22′ N, 124°34′ nant five (5) is struck.

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(e) The Makah Tribe shall make law enforcement related instructions of SECURITE broadcasts beginning one Coast Guard personnel. half hour before the commencement of [CGD 13–98–023, 63 FR 52609, Oct. 1, 1998, as a hunt and every half hour thereafter amended by CGD 13–98–023, 64 FR 61212, Nov. until hunting activities are concluded. 10, 1999; USCG–2006–24371, 74 FR 11213, Mar. This broadcast shall be made on chan- 16, 2009] nel 16 VHF-FM and state: § 165.1311 Olympic View Resource A whale hunt is proceeding today within Area, Tacoma, WA. the Regulated Navigation Area established (a) Regulated Area. A regulated navi- for Makah whaling activities. The (name of gation area is established on that por- vessel) is a (color and description of vessel) tion of Commencement Bay bounded by and will be flying international numeral pen- a line beginning at: 47°15′40.19753″ N, nant five (5) while engaged in whaling oper- ° ′ ″ ations. This pennant is yellow and blue in 122 26 09.27617 W; thence to ° ′ ″ ° ′ ″ color. Mariners are required by federal regu- 47 15 42.21070 N, 122 26 10.65290 W; lation to stay 500 yards away from (name of thence to 47°15′41.84696″ N, vessel), and are strongly urged to remain 122°26′11.80062″ W; thence to even further away from whale hunt activi- 47°15′45.57725″ N, 122°26′14.35173″ W; ties as an additional safety measure. thence to 47°15′53.06020″ N, 122°26′06.61366″ W; thence to (f)(1) Credentialed members of the 47°15′46.74493″ N, 122°26′02.50574″ W; media interested in entering the Mov- thence returning along the shoreline to ing Exclusionary Zone may request the point of origin. [Datum NAD 1983]. permission to operate a single media (b) Regulations. All vessels and per- vessel in the Moving Exclusionary sons are prohibited from anchoring, Zone by telephoning Coast Guard Pub- dredging, laying cable, dragging, lic Affairs, as soon as practicable at seining, bottom fishing, conducting (206) 220–7237 during normal working salvage operations, or any other activ- hours, and (206) 220–7001 after hours. ity which could potentially disturb the Coast Guard preauthorization is re- seabed in the designated area. Vessels quired prior to entry into the Moving may otherwise transit or navigate Exclusionary Zone by a single media within this area without reservation. pool vessel. (c) Waiver. The Captain of the Port, (2) The media pool vessel must be a Puget Sound, upon advice from the U.S. documented vessel. The media United States Environmental Protec- pool vessel must be under command at tion Agency (USEPA) Project Manager all times within the Moving Exclu- and the Washington State Department sionary zone by a master holding a li- of Natural Resources, may, upon written request, authorize a waiver from cense or merchant mariner credential this section if it is determined that the issued in the U.S. to carry passenger proposed operation supports USEPA re- for hire. All expenses, liabilities and medial objectives, or can be performed risks associated with operation of the in a manner that ensures the integrity media pool vessel lie with members of of the sediment cap. A written request the pool and the pool vessel owners and must describe the intended operation, operators. state the need, and describe the pro- (3) The master of the media pool ves- posed precautionary measures. Re- sel shall maneuver to avoid positioning quests shall be submitted in triplicate, the pool vessel between whales and to facilitate review by USEPA, Coast hunt vessel(s), out of the line of fire, at Guard, and Washington State Agencies. a prudent distance and location rel- USEPA managed remedial design, re- ative to whale hunt operations, and in medial action, habitat mitigation, or a manner that avoids hindering the monitoring activities associated with hunt or path of the whale in any way. the Olympic View Resource Area (4) Although permitted to maneuver Superfund Site are excluded from the within the Moving Exclusionary Zone, waiver requirement. USEPA is re- personnel aboard the media pool vessel quired, however, to alert the Coast are still required to follow safety and Guard in advance concerning any of the above-mentioned activities that

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may, or will, take place in the Regu- when enforcement of the tank ship se- lated Area. curity zone is suspended. [CGD13–02–016, 68 FR 17735, Apr. 11, 2003] (b) The following definitions apply to this section: § 165.1312 Security Zone; Portland (1) Federal Law Enforcement Officer Rose Festival on Willamette River. means any employee or agent of the (a) Location. The following area is a United States government who has the security zone: All waters of the Wil- authority to carry firearms and make lamette River, from surface to bottom, warrantless arrests and whose duties encompassed by the Hawthorne and involve the enforcement of criminal Steel Bridges. laws of the United States. (b) Regulations. In accordance with (2) Navigable waters of the United § 165.33, entry into this zone is prohib- States means those waters defined as ited unless authorized by the Coast such in 33 CFR part 2. Guard Captain of the Port, Portland or (3) Navigation Rules means the Navi- his designated representatives. Section gation Rules, International-Inland. 165.33 also contains other general re- (4) Official patrol means those persons quirements. designated by the Captain of the Port (c) Authority. In addition to 33 U.S.C. to monitor a tank ship security zone, 1231, the authority for this section in- permit entry into the zone, give legally cludes 33 U.S.C. 1226. enforceable orders to persons or vessels (d) Enforcement period. This section is with in the zone and take other actions enforced annually in June from the authorized by the Captain of the Port. first Wednesday in June falling on the Persons authorized in paragraph (k) to 4th or later through the following Mon- enforce this section are designated as day in June. The event will be 6 days in the official patrol. length and the specific dates of en- (5) Public vessel means vessels owned, forcement will be published each year chartered, or operated by the United in the FEDERAL REGISTER. In 2005, the States, or by a State or political sub- zone will be enforced on Wednesday, division thereof. June 8, through Monday, June 13. (6) Tank ship security zone is a regu- [CGD13–02–020, 68 FR 31979, May 29, 2003, as lated area of water, established by this amended by CDG13–05–007, 70 FR 33353, June section, surrounding tank ships for a 8, 2005] 500-yard radius that is necessary to provide for the security of these ves- § 165.1313 Security zone regulations, sels. tank ship protection, Puget Sound and adjacent waters, Washington (7) Tank ship means a self-propelled tank vessel that is constructed or (a) Notice of enforcement or suspension adapted primarily to carry oil or haz- of enforcement. The tank ship security ardous material in bulk as cargo or zone established by this section will be cargo residue in the cargo spaces. The enforced only upon notice by the Cap- definition of tank ship does not include tain of the Port Puget Sound. Captain tank barges. of the Port Puget Sound will cause notice of the enforcement of the tank (8) Washington Law Enforcement Offi- ship security zone to be made by all ap- cer means any General Authority propriate means to effect the widest Washington Peace Officer, Limited Au- publicity among the affected segments thority Washington Peace Officer, or of the public including publication in Specially Commissioned Washington the FEDERAL REGISTER as practicable, Peace Officer as defined in Revised in accordance with 33 CFR 165.7(a). Code of Washington section 10.93.020. Such means of notification may also (c) Security zone: There is established include but are not limited to, Broad- a tank ship security zone extending for cast Notice to Mariners or Local No- a 500-yard radius around all tank ships tice to Mariners. The Captain of the located in the navigable waters of the Port Puget Sound will issue a Broad- United States in Puget Sound, WA, cast Notice to Mariners and Local No- east of 123 degrees, 30 minutes West tice to Mariners notifying the public Longitude. [Datum: NAD 1983]

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(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″ in 100 yards of a tank ship in order to 48′ W (not to include Hayden Bay); ensure a safe passage in accordance thence north across the river thru the with the Navigation Rules; preferred channel buoy, RG Fl(2+1)R 6s, (2) Permit commercial vessels an- to the Washington shoreline at latitude chored in a designated anchorage area 45°37″ 1.5′ N, longitude 122°39″ 29′ W; to remain at anchor when within 100 thence west along the Washington yards of a passing tank ship; and shoreline to the point of origin. (3) Permit vessels that must transit (b) Regulations. In accordance with via a navigable channel or waterway to the general regulations in § 165.23 of pass within 100 yards of a moored or this part, no person or vessel may anchored tank ship with minimal delay enter or remain in this zone unless au- consistent with security. thorized by the Captain or the Port or (i) Exemption. Public vessels as de- his designated representatives. fined in paragraph (b) of this section (c) Authority. In addition to 33 U.S.C. are exempt from complying with para- 1231, the authority for this section in- graphs (c), (d), (f), (g), (h), (j), and (k) of cludes 33 U.S.C. 1226. this section. (d) Enforcement period. This section (j) Exception. 33 CFR Part 161 promul- will be enforced every July 4, from 9:30 gates Vessel Traffic Service regula- p.m. (P.D.T.) to 11 p.m. (P.D.T.). tions. Measures or directions issued by Vessel Traffic Service Puget Sound [CGD13–03–001, 68 FR 31610, May 28, 2003]

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§ 165.1315 Safety Zones: Fireworks dis- (ii) Enforcement period. One day in plays in the Captain of the Port early July. Portland Zone. (6) Oregon Food Bank Blues Festival (a) Safety zones. The following areas Fireworks, Portland, OR are designated safety zones: (i) Location. Waters on the Willam- (1) Cinco de Mayo Fireworks Display, ette River bounded by the Hawthorne Portland, OR: Bridge to the north, Marquam Bridge (i) Location. Waters on the Willam- to the south, and shoreline to the east ette River bounded by the Morrison and west. Bridge to the north, Hawthorne Bridge (ii) Enforcement period. One day in to the south, and the shoreline to the early July. east and west. (7) Oregon Symphony Concert Fire- works Display, Portland, OR (ii) Enforcement period. One day in (i) All waters of the Willam- early May. Location. 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 (i) Location. Waters on the Coos River the shoreline to 45°28′10″ N 122°39′54″ W bounded by shoreline to the east and then west to 45°28′41″ N 122°40′06″ W fol- west and 1000 feet of water to the north lowing the shoreline to 45°28′31″ N and south of the launching barge which 122°40′01″ W then back to the point of is centered at 43 degrees 23 minutes 45 origin. seconds North, 124 degrees 12 minutes (ii) Enforcement period. This section is 50 seconds West. enforced annually on July fourth from (ii) Enforcement period. One day in 9 p.m. to 11 p.m. (PDT). early July. (10) Rainier Days Fireworks Celebra- (5) Astoria 4th of July Fireworks, tion, Rainier, OR Astoria, OR (i) Location. All water of the Colum- (i) Location. All waters of the Colum- bia River enclosed by the following bia River at Astoria, Oregon enclosed points: 46°06′04″ N, 122°56′35″ W following by the following points: North from the the shoreline to 46°05′53″ N 122°55′58″ W Oregon shoreline at 123 degrees 50 min- then south to 46°05′24″ N 122°55′58″ W utes 1 second West to 46 degrees 11 min- following the shoreline to 46°05′38″ N utes 50 seconds North, thence east to 122°56′35″ W then back to the point of 123 degrees 49 minutes 15 seconds West, origin. thence south to the Oregon shoreline (ii) Enforcement period. This section is and finally westerly along the Oregon enforced annually on the second Satur- shoreline to the point of origin. day of July each year from 9 p.m. to 11

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p.m. (PDT). Except that when the first (c) Authority. In addition to 33 U.S.C. Saturday falls on July 1, this section 1231, the authority for this section in- will be enforced on the third Saturday cludes 33 U.S.C. 1226. of July. [CGD01–03–008, 68 FR 32368, May 30, 2003, as (11) Ilwaco July 4th Committee Fire- amended by CGD13–06–009, 71 FR 30805, May works, Ilwaco, WA 31, 2006] (i) Location. All water of the Colum- bia River extending out to a 700′ radius § 165.1316 Safety Zone; Columbia from the launch site at 46°18′17″ N River, Astoria, Oregon. 124°01′55″ W. (a) Location. The following area is a (ii) Enforcement period. This section is safety zone: All waters of the Columbia enforced annually on the first Satur- River at Astoria, Oregon enclosed by day of July from 9 p.m. to 11 p.m. the following points: North from the (PDT). Oregon shoreline at 123°49′36″ West to (12) Milwaukie Centennial Fireworks 46°11′51″ North thence east to 123°48′53″ Display, Milwaukie, OR West thence south to the Oregon shore- (i) Location. All water of the Willam- line and finally westerly along the Or- ette River enclosed by the following egon shoreline to the point of origin. points: 45°26′41″ N, 122°38′46″ W following (b) Regulations. In accordance with the shoreline to 45°26′17″ N 122°38′36″ W the general regulations in § 165.23 of then west to 45°26′17″ N 122°38′55″ W fol- this part, no person or vessel may lowing the shoreline to 45°26′36″ N enter or remain in this zone unless au- 122°38′50″ W then back to the point of thorized by the Captain or the Port or origin. his designated representatives. (ii) Enforcement period. This section is (c) Authority. In addition to 33 U.S.C. enforced annually on the third Satur- 1231, the authority for this section in- day of July each year from 9 p.m. to 11 cludes 33 U.S.C. 1226. p.m. (PDT). Except that when the first (d) Enforcement period. This section Saturday falls on July 1, this section will normally be enforced on the sec- will be enforced on the fourth Saturday ond Saturday of August from 9:30 p.m. of July. (PDT) to 10:30 p.m. (PDT). Announce- (13) Splash Aberdeen Waterfront Fes- ment of enforcement periods may be tival, Aberdeen, WA made by the methods described in 33 (i) Location. All water of the Chehalis CFR 165.7, or any other reasonable River extending out to 500 feet of the method. following points: 46°58′40″ N, 123°47′45″ [CGD13–03–013, 68 FR 42290, July 17, 2003] W. (ii) Enforcement period. This section is § 165.1317 Security and Safety Zone; enforced annually on July fourth from Large Passenger Vessel Protection, 9 p.m. to 11 p.m. (PDT). Puget Sound and adjacent waters, (14) City of Coos Bay July 4th Celebra- Washington. tion, Coos Bay, OR (a) Notice of enforcement or suspension (i) Location. All water of the Coos of enforcement. The large passenger ves- River extending out to 1200 feet of the sel security and safety zone established following points: 43°22′12″ N, 124°12′39″ by this section will be enforced only W. upon notice by the Captain of the Port (ii) Enforcement period. This section is Puget Sound. Captain of the Port enforced annually on July fourth from Puget Sound will cause notice of the 9 p.m. to 11 p.m. (PDT). enforcement of the large passenger ves- (b) Regulations. (1) In accordance with sel security and safety zone to be made § 165.23, entry into these zones is pro- by all appropriate means to effect the hibited unless authorized by the Coast widest publicity among the affected Guard Captain of the Port, Portland or segments of the public including publi- his designated representatives. Section cation in the FEDERAL REGISTER as 165.23 also contains other general re- practicable, in accordance with 33 CFR quirements. Announcement of enforce- 165.7(a). Such means of notification ment periods may be made by the may also include but are not limited methods described in 33 CFR 165.7, or to, Broadcast Notice to Mariners or any other reasonable method. Local Notice to Mariners. The Captain

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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 involve the enforcement of criminal around large passenger vessels at all laws of the United States. times, whether the large passenger ves- Large Passenger Vessel means any sel is underway, anchored, or moored. cruise ship over 100 feet in length car- Upon notice of enforcement by the Cap- rying passengers for hire, and any auto tain of the Port Puget Sound, the ferries and passenger ferries over 100 Coast Guard will enforce the large pas- feet in length carrying passengers for senger vessel security and safety zone hire such as the Washington State Fer- in accordance with rules set out in this ries, M/V COHO and Alaskan Marine section. Upon notice of suspension of Highway Ferries. Large Passenger Ves- enforcement by the Captain of the Port sel does not include vessels inspected Puget Sound, all persons and vessels and certificated under 46 CFR, Chapter are authorized to enter, transit, and I, Subchapter T such as excursion ves- exit the large passenger vessel security sels, sight seeing vessels, dinner cruise and safety zone, consistent with the vessels, and whale watching vessels. Navigation Rules. Large Passenger Vessel Security and (e) The Navigation Rules shall apply Safety Zone is a regulated area of water established by this section, sur- at all times within a large passenger rounding large passenger vessels for a vessel security and safety zone. 500-yard radius to provide for the secu- (f) When within a large passenger rity and safety of these vessels. vessel security and safety zone all ves- Navigable waters of the United States sels must operate at the minimum means those waters defined as such in speed necessary to maintain a safe 33 CFR part 2. course and must proceed as directed by Navigation Rules means the Naviga- the on-scene official patrol or large tion Rules, International—Inland. passenger vessel master. No vessel or Official Patrol means those persons person is allowed within 100 yards of a designated by the Captain of the Port large passenger vessel that is underway to monitor a large passenger vessel se- or at anchor, unless authorized by the curity and safety zone, permit entry on-scene official patrol or large pas- into the zone, give legally enforceable senger vessel master. No vessel or per- orders to persons or vessels within the son is allowed within 25 yards of a zone and take other actions authorized large passenger vessel that is moored. by the Captain of the Port. Persons au- (g) To request authorization to oper- thorized in paragraph (l) to enforce this ate within 100 yards of a large pas- section are designated as the Official senger vessel that is underway or at Patrol. anchor, contact the on-scene official Public vessel means vessels owned, patrol or large passenger vessel master chartered, or operated by the United on VHF-FM channel 16 or 13. States, or by a State or political sub- (h) When conditions permit, the on- division thereof. scene official patrol or large passenger Washington Law Enforcement Officer vessel master should: means any General Authority Wash- (1) Permit vessels constrained by ington Peace Officer, Limited Author- their navigational draft or restricted in ity Washington Peace Officer, or Spe- their ability to maneuver to pass with- cially Commissioned Washington Peace in 100 yards of a large passenger vessel

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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 via a navigable channel or waterway to [CGD13–03–018, 69 FR 2068, Jan. 14, 2004; 69 FR 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 chored while it remains within the upon notice by the Captain of the Port large passenger vessel’s security and Portland. Captain of the Port Portland safety zone unless it is either ordered will cause notice of the enforcement of by, or given permission by the Captain the large passenger vessel security and of the Port Puget Sound, his des- safety zone to be made by all appro- ignated representative or the on-scene priate means to effect the widest pub- official patrol to do otherwise. licity among the affected segments of (j) Exemption. Public vessels as defined in paragraph (b) of this section the public including publication in the EDERAL REGISTER as practicable, in are exempt from complying with para- F accordance with 33 CFR 165.7(a). Such graphs (c), (d), (f), (g), (h), and (i), of means of notification may also include this section. but are not limited to, Broadcast No- (k) Exception. 33 CFR part 161 con- tice to Mariners or Local Notice to tains Vessel Traffic Service regula- Mariners. The Captain of the Port tions. When measures or directions Portland will issue a Broadcast Notice issued by Vessel Traffic Service Puget to Mariners and Local Notice to Mari- Sound pursuant to 33 CFR part 161 also ners notifying the public when enforce- apply, the measures or directions gov- ment of the large passenger vessel se- ern rather than the regulations in this curity and safety zone is suspended. section. (l) Enforcement. Any Coast Guard (b) Definitions. As used in this sec- commissioned, warrant or petty officer tion— may enforce the rules in this section. Federal Law Enforcement Officer In the navigable waters of the United means any employee or agent of the States to which this section applies, United States government who has the when immediate action is required and authority to carry firearms and make representatives of the Coast Guard are warrantless arrests and whose duties not present or not present in sufficient involve the enforcement of criminal force to provide effective enforcement laws of the United States. of this section in the vicinity of a large Large passenger vessel means any ves- passenger vessel, any Federal Law En- sel over 100 feet in length (33 meters) forcement Officer or Washington Law carrying passengers for hire including, Enforcement Officer may enforce the but not limited to, cruise ships, auto rules contained in this section pursu- ferries, passenger ferries, and excursion ant to 33 CFR 6.04–11. In addition, the vessels. Captain of the Port may be assisted by Large passenger vessel security and other federal, state or local agencies in safety zone is a regulated area of water, enforcing this section. established by this section, sur- (m) Waiver. The Captain of the Port rounding large passenger vessels for a Puget Sound may waive any of the re- 500 yard radius that is necessary to quirements of this section for any ves- provide for the security and safety of sel or class of vessels upon finding that these vessels. a vessel or class of vessels, operational Navigable waters of the United States conditions or other circumstances are means those waters defined as such in such that application of this section is 33 CFR part 2.

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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. fined in Oregon Revised Statutes sec- (g) Requesting authorization to operate tion 161.015. within 100 yards of large passenger vessel. Public vessel means vessels owned, To request authorization to operate chartered, or operated by the United within 100 yards of a large passenger States, or by a State or political sub- vessel that is underway or at anchor, division thereof. contact the on-scene official patrol or Washington Law Enforcement Officer large passenger vessel master on VHF- means any General Authority Wash- FM channel 16 or 13. ington Peace Officer, Limited Author- (h) Maneuver-restricted vessels. When ity Washington Peace Officer, or Spe- conditions permit, the on-scene official cially Commissioned Washington Peace patrol or large passenger vessel master Officer as defined in Revised Code of should: Washington section 10.93.020. (1) Permit vessels constrained by (c) Security and safety zone. There is their navigational draft or restricted in established a large passenger vessel se- their ability to maneuver to pass with- curity and safety zone extending for a in 100 yards of a large passenger vessel 500 yard radius around all large pas- in order to ensure a safe passage in ac- senger vessels in the navigable waters cordance with the Navigation Rules; of the United States, in Portland, OR and at the Columbia River Bar ‘‘C’’ buoy (2) Permit commercial vessels an- and extending eastward on the Colum- chored in a designated anchorage area bia River to Kennewick, WA and to remain at anchor within 100 yards of upriver through Lewiston, ID on the a passing large passenger vessel; and Snake River. (3) Permit vessels that must transit (d) Compliance. The large passenger via a navigable channel or waterway to vessel security and safety zone estab- pass within 100 yards of an anchored lished by this section remains in effect large passenger vessel. around large passenger vessels at all (i) Stationary vessels. When a large times, whether the large passenger ves- passenger vessel approaches within 100 sel is underway, anchored, or moored. yards of any vessel that is moored or Upon notice of enforcement by the Cap- anchored, the stationary vessel must tain of the Port Portland, the Coast stay moored or anchored while it re- Guard will enforce the large passenger mains with in the large passenger ves- vessel security and safety zone in ac- sel’s security and safety zone unless it cordance with rules set out in this sec- is either ordered by, or given permis- tion. Upon notice of suspension of en- sion by the Captain of the Port Port- forcement by the Captain of the Port land, his designated representative or Portland, all persons and vessels are the on-scene official patrol to do other- authorized to enter, transit, and exit wise. the large passenger vessel security and (j) Exemption. Public vessels as de- safety zone, consistent with the Navi- fined in paragraph (b) of this section gation Rules. are exempt from complying with para- (e) Navigation Rules. The Navigation graphs (c), (d), (f), (g), (h), and (i), of Rules shall apply at all times within a this section.

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(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 ant to 33 CFR 6.04–11. In addition, the the Captain of the Port or his des- Captain of the Port may be assisted by ignated representatives. Vessels and other federal, state or local agencies in persons granted authorization to enter enforcing this section. the safety zone shall obey all lawful or- (l) Waiver. The Captain of the Port ders or directions of the Captain of the Portland may waive any of the require- Port or his designated representatives. ments of this section for any vessel or [CGD13–04–002, 69 FR 35250, June 24, 2004] class of vessels upon finding that a vessel or class of vessels, operational con- § 165.1321 Security Zone; Protection of ditions or other circumstances are such Military Cargo, Captain of the Port that application of this section is un- Zone Puget Sound, WA. necessary or impractical for the pur- (a) Notice of enforcement or suspension pose of port security, safety or environ- of enforcement. The Captain of the Port mental safety. Puget Sound will enforce the security [CGD13–03–022, 68 FR 53679, Sept. 12, 2003] zones established by this section only upon notice. Captain of the Port Puget § 165.1319 Safety Zone Regulations, Sound will cause notice of the enforce- Seafair Blue Angels Air Show Per- ment of these security zone to be made formance, Seattle, WA. by all appropriate means to effect the (a) Enforcement period. This section widest publicity among the affected will be enforced annually during the segments of the public including publi- last week in July and the first two cation in the FEDERAL REGISTER as weeks of August from 8 a.m. until 4 practicable, in accordance with 33 CFR p.m., each day during the event. The 165.7(a). Such means of notification event will be one week or less in dura- may also include but are not limited tion. The specific dates during this to, Broadcast Notice to Mariners or time frame will be published in the Local Notice to Mariners. The Captain FEDERAL REGISTER. of the Port Puget Sound will issue a (b) Location. The following is a safety Broadcast Notice to Mariners and zone: All waters of Lake Washington, Local Notice to Mariners notifying the Washington State, enclosed by the fol- public when enforcement of these secu- lowing points: Near the termination of rity zones is suspended. Roanoke Way 47°35′44″ N, 122°14′47″ W; (b) Definitions. The following defini- thence to 47°35′48″ N, 122°15′45″ W; tions apply to this section: thence to 47°36′02.1″ N, 122°15′50.2″ W; Designated Representative means those thence to 47°35′56.6″ N, 122°16′29.2″ W; persons designated by the Captain of thence to 47°35′42″ N, 122°16′24″ W; the Port to monitor these security thence to the east side of the entrance zones, permit entry into these zones, to the west highrise of the Interstate 90 give legally enforceable orders to per- bridge; thence westerly along the south sons or vessels with in these zones and side of the bridge to the shoreline on take other actions authorized by the the western terminus of the bridge; Captain of the Port. Persons author- thence southerly along the shoreline to ized in paragraph (g) to enforce this Andrews Bay at 47°33′06″ N, 122°15′32″ W; section and Vessel Traffic Service

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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 States, or by a State or political sub- at the terminus of the Sitcum Water- division thereof. way and then northwesterly along the Washington Law Enforcement Officer shoreline of the Sitcum Waterway; means any General Authority Wash- ington Peace Officer, Limited Author- then northeasterly along the shoreline ity Washington Peace Officer, or Spe- of Pier No. 5 to the point of origin. cially Commissioned Washington Peace [Datum: NAD 1983]. Officer as defined in Revised Code of (3) Budd Inlet Security Zone: The Se- Washington section 10.93.020. curity Zone in Budd Inlet, West Bay, (c) Security zone. The following areas Olympia WA includes all waters en- are security zones: closed by a line connecting the fol- (1) Blair Waterway Security Zone: The lowing points: 47°03′12″ N, 122°54′21″ W, Security Zone in the Blair Waterway, which is approximately the north- Commencement Bay, WA, includes all western end of the fence line enclosing waters enclosed by a line connecting Berth 1 at Port of Olympia; then north- the following points: 47°16′57′′ N, erly to 47°03′15″ N, 122°54′21″ W, which is 122°24′39′′ W, which is approximately the approximate 300 feet north along the beginning of Pier No. 23 (also the shoreline; then westerly to 47°03′15″ known as the Army pier); then north- N, 122°54′26″ W; then southerly to westerly to 47°17′05′′ N, 122°24′52′′ W, 47°03′06″ N, 122°54′26″ W; then southeast- which is the end of the Pier No. 23 erly to 47°03′03″ N, 122°54′20″ W, which is (Army pier); then southwesterly to approximately the end of the T-shaped 47°16′42′′ N, 122°25′ 18′′ W, which is the pier; then north to 47°03′04″ N, approximate location of a private buoy 122°54′19.5″ W, which is approximately on the end of the sewage outfall; then the southwestern corner of berth 1; ° ′ ′′ ° ′ ′′ southeasterly to 47 16 33 N, 122 25 04 then northerly along the shoreline to W, which is approximately the north- the point of origin. [Datum: NAD 1983]. western end of Pier No. 5; then north- (d) Obtaining permission to enter, move easterly to the northwestern end of within, or exit the security zones. All ves- Pier No. 1; then southeasterly along sels must obtain permission from the the shoreline of the Blair Waterway to COTP or a Designated Representative the Blair Waterway turning basin; then along the shoreline around the Blair to enter, move within, or exit the secu- Waterway turning basin; then north- rity zones established in this section westerly along the shoreline of the when these security zones are enforced. Blair Waterway to the Commencement Vessels 20 meters or greater in length Bay Directional Light (light list num- should seek permission from the COTP ber 17159); then northeasterly along the or a Designated Representative at least shoreline to the point of origin. 4 hours in advance. Vessels less than 20 [Datum: NAD 1983]. meters in length should seek permis- (2) Sitcum Waterway Security Zone: sion at least 1 hour in advance. VTS The Security Zone in the Sitcum Wa- Puget Sound may be reached on VHF terway, Commencement Bay, WA, in- channel 14. cludes all waters enclosed by a line (e) Compliance. Upon notice of en- connecting the following points: forcement by the Captain of the Port

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Puget Sound, the Coast Guard will en- pose of port security, safety or environ- force these security zones in accord- mental safety. ance with rules set out in this section. [CGD13–04–019, 69 FR 52603, Aug. 27, 2004, as Upon notice of suspension of enforce- amended by CGD13–04–040, 69 FR 71711, Dec. ment by the Captain of the Port Puget 10, 2004; CGD13–04–46, 70 FR 2019, Jan. 12, 2005; Sound, all persons and vessels are au- CGD13–05–031, 70 FR 45537, Aug. 8, 2005] thorized to enter, transit, and exit these security zones. § 165.1322 Regulated Navigation Area: (f) Regulations. Under the general reg- Willamette River Portland, Oregon ulations in 33 CFR part 165 subpart D, Captain of the Port Zone. this section applies to any vessel or (a) Location. The following is a regu- person in the navigable waters of the lated navigation area (RNA): All wa- United States to which this section ap- ters of the Willamette River encom- plies. No person or vessel may enter passed by a line commencing at the security zones established in this 45°34′.47″ N, 122°45′28″ W along the shore- section unless authorized by the Cap- line to 45°34′47″ N, 122°45′30″ W thence to tain of the Port or his designated rep- 45° 34′47″ N, 122°45′30″ W thence to resentatives. Vessels and persons 45°34′48″ N, 122°45′30″ W thence to granted permission to enter the secu- 45°34′48″ N, 122°45′30″ W thence to rity zone shall obey all lawful orders or 45°34′48″ N, 122°45′28″ W thence to ° ′ ″ ° ′ ″ directions of the Captain of the Port or 45 34 47 N, 122 45 28 W and back to the his designated representatives. All ves- point of origin. All coordinates ref- sels shall operate at the minimum erence 1983 North American Datum speed necessary to maintain a safe (NAD 83). course. (b) Regulations. (1) Motoring, anchor- (g) Enforcement. Any Coast Guard ing, dragging, dredging, or trawling are commissioned, warrant or petty officer prohibited in the regulated area. may enforce the rules in this section. (2) All vessels transiting or accessing In the navigable waters of the United the regulated area shall do so at a no States to which this section applies, wake speed or at the minimum speed necessary to maintain steerage. when immediate action is required and representatives of the Coast Guard are [USCG–2008–0112, 74 FR 5988, Feb. 4, 2009] not present or not present in sufficient force to provide effective enforcement § 165.1323 Regulated Navigation Area: of this section, any Federal Law En- Willamette River Portland, Oregon forcement Officer or Washington Law Captain of the Port Zone. Enforcement Officer may enforce the (a) Location. The following is a regu- rules contained in this section pursu- lated navigation area (RNA): All wa- ant to 33 CFR 6.04–11. In addition, the ters of the Willamette River encom- Captain of the Port may be assisted by passed by a line commencing at other federal, state or local agencies in 45°34′.33″ N, 122°44′17″ W to 45°34′32″ N, enforcing this section pursuant to 33 122°44′18″ W thence to 45°34′35″ N, CFR 6.04–11. 122°44′24″ W thence to 45°34′35″ N, (h) Exemption. Public vessels as de- 122°44′27″ W thence to 45°34′35″ N, fined in paragraph (b) of this section 122°44′36″ W thence to 45°34′35″ N, ° ′ ″ ° ′ ″ are exempt from the requirements in 122 44 37 W thence to 45 34 38 N, ° ′ ″ ° ′ ″ ° ′ ″ this section. 122 44 42 W to 45 34 39 N, 122 44 43 W ° ′ ″ ° ′ ″ (i) Waiver. For any vessel, the Cap- thence to 45 34 44 N, 122 44 51 W thence ° ′ ″ ° ′ ″ tain of the Port Puget Sound may to 45 34 45 N, 122 44 53 W thence to 45°34′47’’ N, 122°44′51″ W thence to waive any of the requirements of this 45°34′45″ N, 122°44′46″ W to 45°34′45″ N, section, upon finding that operational 122°44′45″ W thence to 45°34′47″ N, conditions or other circumstances are 122°44′43″ W thence to 45°34′46″ N, such that application of this section is 122°44′42″ W thence to 45°34′48″ N, unnecessary or impractical for the pur- 122°44′40’’ W thence to 45°34′48″ N, 122°44′38″ W and along the shoreline to 45°34′46″ N, 122°44′39″ W and back to the

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point of origin. All coordinates ref- longitude 144°37′20.6″ E; thence along erence 1983 North American Datum the shoreline of Apra Outer Harbor to (NAD 83). latitude 13°26′28.1″ N, longitude (b) Regulations. (1) Anchoring, spud- 144°39′52.5″ E (the northwest corner of ding, dredging, laying cable, dragging, Polaris Point); thence to latitude trawling, conducting salvage oper- 13°26′40.2″ N, longitude 144°39′28.1″ E; ations, operating commercial vessels of thence to latitude 13°26′32.1″ N, lon- any size, and operating recreational gitude 144°39′02.8″ E; thence along the vessels greater than 30 feet in length shoreline of Apra Outer Harbor to are prohibited in the regulated area. Orote Point at latitude 13°26′42″ N, lon- (2) All vessels transiting or accessing gitude 144°36′58.5″ E; thence to the be- the regulated area shall do so at no ginning. (Based on WGS 84 Datum) wake speed or at the minimum speed (b) Regulations: necessary to maintain steerage. (1) Except for public vessels of the [USCG–2008–0121, 74 FR 5991, Feb. 4, 2009] United States, vessels may not enter Apra Outer Harbor without permission FOURTEENTH COAST GUARD DISTRICT of the Captain of the Port if they have on board more than 25 tons of high ex- § 165.1401 Apra Harbor, Guam—safety plosives. zones. (2) Except for vessels not more than (a) The following is designated as 65 feet in length, towboats or tugs Safety Zone A—The waters of the Pa- without tows, no vessel may pass an- cific Ocean and Apra Outer Harbor en- other vessel in the vicinity of the compassed within an arc of 725 yards Outer Harbor entrance. radius centered at the center of Wharf (3) Vessels over 100 gross tons shall: H. (Located at 13°27′47″ N and (i) Steady on the entrance range at 144°39′01.9″ E. Based on World Geodetic least 2 miles west of the entrance when System 1984 Datum) approaching Apra Outer Harbor and; (b) The following is designated Safe- 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; Wharf H and/or Naval Wharf Kilo, or a thence to latitude 13°26′35.2″ N, lon- vessel berthed at Wharf H and/or Naval gitude 144°39′46.4″ E; thence to latitude Wharf Kilo, is displaying a red 13°26′30.8″ N, longitude 144°39′44.4″ E. (BRAVO) flag by day or a red light by (Based on WGS 84 Datum) night. (5) Vessels over 100 gross tons may (2) In accordance with the general not proceed at a speed exceeding 12 regulations in 165.23 of this part, entry knots within the harbor. into these zones is prohibited unless (6) No vessel may leave Apra Outer authorized by the Captain of the Port, Harbor until any inbound vessel over 65 Guam. feet in length has cleared the Outer [COTP Guam Reg. 89–001, 55 FR 18725, May 4, Harbor Entrance. 1990] [CGD 79–034, 47 FR 29660, July 8, 1982, as amended by CGD 96–026, 61 FR 33669, June 28, § 165.1402 Apra Outer Harbor, Guam— 1996; USCG–1998–3799, 63 FR 35533, June 30, regulated navigation area. 1998] (a) The following is a regulated navigation area—The waters of the Pacific § 165.1403 Security Zones; Tinian, Ocean and Apra Outer Harbor enclosed Commonwealth of the Northern by a line beginning at latitude 13°26′47″ Mariana Islands. N, longitude 144°35′07″ E; thence to (a) Location. The following areas are Spanish Rocks at latitude 13°27′09.5″ N, security zones:

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(1) The waters of the Pacific Ocean § 165.1405 Regulated Navigation Areas off Tinian between 14°59′04.9″ N, and Security Zones; Designated Es- 145°34′58.6″ E to 14°59′20.1″ N, 145°35′41.5″ corted Vessels-Philippine Sea and E to 14°59′09.8″ N, 145°36′02.1″ E to Apra Harbor, Guam (including ° ′ ″ ° ′ ″ ° ′ ″ Cabras Island Channel), and 14 57 49.3 N, 145 36 28.7 E to 14 57 29.1 Tanapag Harbor, Saipan, Common- N, 145°35′31.1″ E and back to 14°59′04.9″ wealth of the Northern Mariana Is- N, 145°34′58.6″ E. This zone will be en- lands (CNMI). forced when one, or more, of the Mari- (a) Regulated navigation area. The fol- time Preposition Ships is in the zone or lowing areas, designated by coordi- moored at Mooring A located at nates referencing World Geodetic 14°58′57.0″ N and 145°35′40.8″ E or Moor- Datum (1984), are regulated navigation ing B located at 14°58′15.9″ N, 145°35′54.8″ areas (RNAs). E. (1) Philippine Sea, Guam—All waters (2) Additionally, a 50-yard security from the surface to the bottom of the zone in all directions around Moorings Philippine Sea, Guam, encompassed by A and B will be enforced when no ves- lines connecting the following points, sels are moored thereto but mooring beginning at 13°27′10″ N, 144°35′05″ E, balls are anchored and on station. thence easterly to 13°27′17″ N, 144°37′27″ E, thence south westerly to 13°26′52″ N, NOTE TO § 165.1403(a): All positions of lati- 144°37′05″ E, thence westerly to 13°26′37″ tude and longitude are from International N, 144°35′05″ E, thence due north back Spheroid, Astro Pier 1944 (Saipan) Datum (NOAA Chart 81071). to point of origin. (2) Apra Harbor, Guam—All waters (b) Regulations. (1) In accordance with from surface to bottom of Apra Harbor, general regulations in § 165.33 of this Guam, shoreward of the COLREGS De- part, entry into this security zone is marcation as described in 33 CFR part prohibited unless authorized by the 80. Captain of the Port. (3) Tanapag Harbor, Saipan—The waters 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 FR 33642, June 25, 2001; COTP Guam 07–005, 72 by lines connecting the following ° ′ ″ FR 65460, Nov. 21, 2007] points, beginning at 15 12 10 N, 145°40′28″ E, thence north easterly to § 165.1404 Apra Harbor, Guam—secu- 15°14′08″ N, 145°42′00″ E, thence due east rity zone. to 15°14′08″ N, 145°44′02″ E, thence south 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. ° ′ ″ ° ′ ″ 13 27 30.1 N and 144 38 12.9 E. Based on (4) Cabras Island Channel, Guam—All World Geodetic System 1984 Datum) waters from surface to bottom of and the Maritime Prepositioning ships Cabras Island Channel, Guam, begin- moored thereto. The security zone will ning at point 13°27′34″ N, 144°39′39″ E extend 100 yards in all directions and extending south easterly to posi- around the vessel and its mooring. Ad- tion 13°27′24″ N, 144°39′59″ E then head- ditionally, a 50 yard security zone will ing easterly along the shoreline to po- remain in effect in all directions sition 13°27′31″ N, 144°40′22″ E then head- around buoy No. 702 when no vessel is ing north to position 13°27′37″ N, moored thereto. 144°40′22″ E following the shoreline in a (b) In accordance with the general westerly direction back to point of ori- regulations in § 165.33 of this part, gin. entry into Security Zone C is prohib- (b) Security zones. A 100-yard radius ited unless authorized by the Captain security zone is established around, of the Port, Guam. and is centered on, each escorted vessel within the regulated navigation areas [COTP Guam Reg. 89–001, 55 FR 18725, May 4, in paragraph (a) of this section. A secu- 1990] rity zone is activated when an escorted

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vessel enters an RNA and remains ac- the RNA periodically by Broadcast No- tive until the escorted vessel leaves the tice to Mariners. RNA. This is a moving security zone (5) Persons or vessels that must enter when the escorted vessel is in transit a security zone or exceed speed limits and becomes a fixed zone when the es- established in this section may contact corted vessel is anchored or moored. A the COTP at command center tele- security zone will not extend beyond phone number (671) 339–6100 or on VHF the boundary of the RNA in this sec- channel 16 (156.8 Mhz) to request per- tion. mission. (c) Definitions. As used in this sec- (6) All persons and vessels within 500 tion: yards of an escorted vessel in the RNA (1) Designated representative means must comply with the orders of the any Coast Guard commissioned, war- COTP Guam or his designated representatives. 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 COTP to be in need of escort protection [CGD14–02–002, 68 FR 4384, Jan. 29, 2003] for security reasons or under other circumstances. A designated representa- § 165.1406 Safety Zone: Pacific Missile Range Facility (PMRF), Barking tive aboard a Coast Guard cutter or pa- Sands, Island of Kauai, Hawaii. trol boat will accompany vessels deemed in need of escort protection (a) Location. The following area is established 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 vessel must proceed at a minimum the Commander, Fourteenth Coast speed necessary to maintain a safe Guard District, or the Captain of the course, unless required to maintain Port (COTP) Honolulu, Hawaii, when- speed by the navigation rules. ever Strategic Target System (STARS) (3) When an escorted vessel in the vehicles are to be launched by the RNA approaches within 100 yards of a United States Government from the vessel that is moored, or anchored in a PMRF, Barking Sands, Kauai, Hawaii. designated anchorage area, the sta- (d) The general regulations governing tionary vessel must stay moored or an- safety zones contained in 33 CFR 165.23 chored while it remains within the es- apply. corted vessel’s security zone unless it [CGD14 92–05, 57 FR 54508, Nov. 19, 1992, as is either ordered by, or given permis- amended by CGD 96–026, 61 FR 33669, June 28, sion from the COTP Guam or a des- 1996] ignated representative to do otherwise. (4) The COTP will inform the public § 165.1407 Security Zones; Oahu, HI. of the existence or status of the secu- (a) Location. The following areas, rity zones around escorted vessels in from the surface of the water to the

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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 332.5°T to shore, thence east and south (c) Regulations. (1) Under 33 CFR along the general trend of the shoreline 165.33, entry into the security zones de- to day beacon no. 15, thence southeast scribed in this section is prohibited un- to day beacon no. 14, thence southeast less authorized by the Coast Guard along the general trend of the shoreline Captain of the Port, Honolulu or his or of Sand Island, to the southwest tip of her designated representatives. Sand Island at 21°18.0′ N/157°53.05′ W, (2) Persons desiring to transit the thence southwest on a bearing of 233°T areas of the security zones may con- to Kalihi Channel entrance buoy no. 1. tact the Captain of the Port at Com- (4) Honolulu International Airport—(i) mand Center telephone number (808) Honolulu International Airport, North 842–2600 and (808) 842–2601, fax (808) 842– Section. All waters surrounding Hono- 2624 or on VHF channel 16 (156.8 Mhz) lulu International Airport from to seek permission to transit the area. 21°18.25′ N/157° 55.58° W, thence south to Written requests may be submitted to 21°18.0′ N/157° 55.58′ W, thence east to the Captain of Port, U.S. Coast Guard the western edge of Kalihi Channel, Sector Honolulu, Sand Island Access thence north along the western edge of Road, Honolulu, Hawaii 96819, or faxed the channel to day beacon no. 13, to (808) 842–2622. If permission is grant- thence northwest at a bearing of ed, all persons and vessels must comply 332.5°T to shore. with the instructions of the Captain of (ii) Honolulu International Airport, the Port or his or her designated rep- South Section. All waters near Honolulu resentatives. For all seaplane traffic International Airport from 21°18.0′ N/ entering or transiting the security 157°55.58′ W, thence south to 21°16.5′ N/ zones, a seaplane’s compliance with all 157°55.58′ W, thence east to 21°16.5′ N/ Federal Aviation Administration regu- 157°54.0′ W (the extension of the west- lations (14 CFR parts 91 and 99) regard- ern edge of Kalihi Channel), thence ing flight-plan approval is deemed ade- north along the western edge of the quate permission to transit the water- channel to Kalihi Channel buoy ‘‘5’’, way security zones described in this thence west to 21°18.0′ N/157°55.58′ W. section. (5) Barbers Point Offshore Moorings. (d) Notice of enforcement or suspension All waters around the Tesoro Single of enforcement of security zones. (1) The Point and the Chevron Conventional security zones described in paragraphs

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(a)(3) (Kalihi Channel and Keehi La- for the purpose of port and maritime goon, Oahu), (a)(4)(i) (Honolulu Inter- security. national Airport, North Section), (h) Penalties. Vessels or persons vio- (a)(4)(ii) (Honolulu International Air- lating this section are subject to the port, South Section), (a)(6) (Barbers penalties set forth in 33 U.S.C. 1232 and Point Harbor, Oahu), and (a)(7) (Kahe 50 U.S.C. 192. Point, Oahu) of this section, will be enforced only upon the occurrence of one [CGD14–04–116, 70 FR 75040, Dec. 19, 2005, as amended by CGD 14–07–001, 72 FR 44777, Aug. of the following events— 9, 2007; 72 FR 57863, Oct. 11, 2007; USCG–2009– (i) Whenever the Maritime Security 0416, 74 FR 27442, June 10, 2009] (MARSEC) level, as defined in 33 CFR part 101, is raised to 2 or higher; or § 165.1408 Security Zones; Maui, HI. (ii) Whenever the Captain of the (a) Location. The following areas, Port, after considering all available from the surface of the water to the facts, determines that there is a ocean floor, are security zones that are heightened risk of a transportation se- activated and enforced subject to the curity incident or other serious mari- provisions in paragraph (c): time incident, including but not lim- (1) Kahului Harbor, Maui. All waters ited to any incident that may cause a extending 100 yards in all directions significant loss of life, environmental from each large passenger vessel in damage, transportation system disrup- Kahului Harbor, Maui, HI or within 3 tion, or economic disruption in a par- nautical miles seaward of the Kahului ticular area. Harbor COLREGS DEMARCATION (2) A notice will be published in the (See 33 CFR 80.1460). This is a moving FEDERAL REGISTER reporting when security zone when the LPV is in tran- events in paragraph (d)(1)(i) or (d)(1)(ii) sit and becomes a fixed zone when the have occurred. LPV is anchored, position-keeping, or (3) The Captain of the Port of Hono- moored. lulu will cause notice of the enforce- (2) Lahaina, Maui. All waters extend- ment of the security zones listed in ing 100 yards in all directions from paragraph (d)(1) of this section and no- each large passenger vessel in Lahaina, tice of suspension of enforcement to be Maui, whenever the LPV is within 3 made by appropriate means to affect nautical miles of Lahaina Light (LLNR the widest publicity, including the use 28460). The security zone around each of broadcast notice to mariners and LPV is activated and enforced whether publication in the local notice to mari- the LPV is underway, moored, posi- ners. tion-keeping, or anchored, and will (e) Informational notices. The Captain continue in effect until such time as of the Port will cause notice of the the LPV departs Lahaina and the 3- presence of the security zones estab- mile enforcement area. lished in paragraph (a)(2) of this sec- (b) Definitions. As used in this section, Honolulu Harbor Anchorages B, tion, large passenger vessel or LPV C, and D, to be made by appropriate means a cruise ship more than 300 feet means to affect the widest publicity, in length that carries passengers for including the use of broadcast notice to hire, and any passenger ferry more mariners and publication in the local than 300 feet in length that carries pas- notice to mariners. sengers for hire. (f) Enforcement. Any Coast Guard (c) Regulations. (1) Under 33 CFR commissioned, warrant, or petty offi- 165.33, entry into the security zones cer, and any other Captain of the Port created by this section is prohibited representative permitted by law, may unless authorized by the Coast Guard enforce the rules in this section. Captain of the Port, Honolulu or his or (g) Waiver. The Captain of the Port, her designated representatives. When Honolulu may waive any of the re- authorized passage through a large pas- quirements of this section for any ves- senger vessel security zone, all vessels sel or class of vessels upon his or her must operate at the minimum speed determination that application of this necessary to maintain a safe course section is unnecessary or impractical and must proceed as directed by the

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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 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 representative. 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

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Captain of the Port or his or her des- § 165.1410 Security Zones; Kauai, HI. ignated representatives. No person is 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 quirements of this section for any ves- his or her designated representative. sel or class of vessels upon his or her No person is allowed within 100 yards determination that application of this of a large passenger vessel that is un- section is unnecessary or impractical derway, moored, position-keeping, or for the purpose of port and maritime at anchor, unless authorized by the security. Captain of the Port or his or her des- (f) Penalties. Vessels or persons vio- ignated representative. lating this section are subject to the (2) When conditions permit, the Cap- penalties set forth in 33 U.S.C. 1232 and tain of the Port, or his or her des- 50 U.S.C. 192. ignated representative, may permit [CGD14–04–116, 70 FR 75041, Dec. 19, 2005, as vessels that are at anchor, restricted in amended by CGD14–07–001, 72 FR 44777, Aug. their ability to maneuver, or con- 9, 2007] strained by draft to remain within an

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LPV security zone in order to ensure comes fixed when the SBX–1 is an- navigational safety. chored, position-keeping, or moored. (3) Persons desiring to transit the (b) Regulations. The general regula- areas of the security zones may con- tions governing security zones contact the Captain of the Port at Com- tained in 33 CFR 165.33 apply. Entry mand Center telephone number (808) into, transit through, or anchoring 842–2600 or on VHF channel 16 (156.8 within this zone while it is activated, Mhz) to seek permission to transit the and thus subject to enforcement, is area. Written requests may be sub- prohibited unless authorized by the mitted to the Captain of Port, U.S. Captain of the Port or a designated Coast Guard Sector Honolulu, Sand Is- representative thereof. land Access Road, Honolulu, Hawaii (c) Suspension of enforcement. The 96819, or faxed to (808) 842–2622. If per- Coast Guard will suspend enforcement mission is granted, all persons and ves- of the security zone described in this sels must comply with the instructions section whenever the SBX–1 is within of the Captain of the Port or his or her the Honolulu Defensive Sea Area (see 6 designated representatives. For all sea- FR 6675). plane traffic entering or transiting the (d) Informational notice. The Captain security zones, compliance with all of the Port of Honolulu will cause no- Federal Aviation Administration regu- tice of the enforcement of the security lations (14 CFR parts 91 and 99) regard- zone described in this section to be ing flight-plan approval is deemed ade- made by broadcast notice to mariners. quate permission to transit the water- The SBX–1 is easy to recognize because way security zones described in this it contains a large white object shaped section. like an egg supported by a platform that is larger than a football field. The (d) Enforcement. Any Coast Guard platform in turn is supported by six commissioned, warrant, or petty offi- pillars similar to those on large oil- cer, and any other Captain of the Port drilling platforms. representative permitted by law, may (e) Authority to enforce. Any Coast enforce the rules in this section. Guard commissioned, warrant, or petty (e) Waiver. The Captain of the Port, officer, and any other Captain of the Honolulu may waive any of the re- Port representative permitted by law, quirements of this section for any ves- may enforce the security zone de- sel or class of vessels upon his or her scribed in this section. determination that application of this (f) Waiver. The Captain of the Port section is unnecessary or impractical may waive any of the requirements of for the purpose of port and maritime this rule for any person, vessel, or class security. of vessel upon finding that application (f) Penalties. Vessels or persons vio- of the security zone is unnecessary or lating this section are subject to the impractical for the purpose of mari- penalties set forth in 33 U.S.C. 1232 and time security. 50 U.S.C. 192. (g) Penalties. Vessels or persons vio- [CGD14–04–116, 70 FR 75041, Dec. 19, 2005, as lating this rule are subject to the pen- amended by CGD14–07–001, 72 FR 44778, Aug. alties set forth in 33 U.S.C. 1232 and 50 9, 2007] U.S.C. 192. [USCG–2007–0195, 73 FR 13131, Mar. 12, 2008] § 165.1411 Security zone; waters surrounding U.S. Forces vessel SBX–1, SEVENTEENTH COAST GUARD DISTRICT HI. (a) Location. The following area, in § 165.1701 Port Valdez, Valdez, Alas- U.S. navigable waters within the Hono- ka—safety zone. lulu Captain of the Port Zone (see 33 The waters within the following CFR 3.70–10), from the surface of the boundaries are a safety zone—The area water to the ocean floor, is a security within 200 yards of any waterfront fa- zone: All waters extending 500 yards in cility at the Trans-Alaska Pipeline all directions from U.S. Forces vessel Valdez Terminal complex or vessels SBX–1. The security zone moves with moored or anchored at the Trans-Alas- the SBX–1 while it is in transit and be- ka Pipeline Valdez Terminal complex

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and the area within 200 yards of any ners and in the Local Valdez news- tank vessel maneuvering to approach, paper, prior to the vessel arrival. moor, unmoor, or depart the Trans- [52 FR 30671, Aug. 17, 1987, as amended by Alaska Pipeline Valdez Terminal com- USCG–1998–3799, 63 FR 35533, June 30, 1998; plex. COTP Prince William Sound 02–010, 67 FR 45313, July 9, 2002] § 165.1702 Gastineau Channel, Juneau, Alaska—safety zone. § 165.1704 Prince William Sound, Alas- (a) The waters within the following ka-regulated navigation area. boundaries are a safety zone: A line be- (a) The following is a regulated navi- ginning at the Standard Oil Company gation area: The navigable waters of Pier West Light (LLNR 3217), located the United States north of a line drawn at position 58°17.9′ N, 134°24.8′ W, in the from Cape Hinchinbrook Light to direction of 140° True to Rock Dump Schooner Rock Light, comprising that Lighted Buoy 2A (LLNR 3213) at posi- portion of Prince William Sound be- tion 58°17.2′ N, 134°23.8′ W; thence in the tween 146°30′ W. and 147°20′ W. and in- direction of 003° True to a point at po- cludes Valdez Arm, Valdez Narrows, sition 58°17.4′ N, 134°23.7′ W, on the and Port Valdez. north shore of Gastineau Channel; (b) Within the regulated navigation thence northwesterly along the north area described in paragraph (a) of this shore of Gastineau Channel to the section, § 161.60 of this chapter estab- point of origin. lishes a VTS Special Area for the wa- (b) Special Regulations: ters of Valdez Arm, Valdez Narrows, (1) All vessels may transit or navi- and Port Valdez northeast of a line ° gate within the safety zone. bearing 307 True from Tongue Point at ° ′ ″ ° ′ (2) No vessels, other than a large pas- 61 02 06 N., 146 40 W.; and southwest of ° senger vessel (including cruise ships a line bearing 307 True from Entrance Island Light at 61°05′06″ N., 146°36′42″ W. and ferries) may anchor within the Safety zone without the express con- (c) Regulations. In addition to the re- sent from the Captain of the Port, quirements set forth in § 161.13 and Southeast Alaska. § 161.60(c) of this chapter, a tank vessel of 20,000 deadweight tons or more that [CGD 79–034, 47 FR 29660, July 8, 1982, as intends to navigate within the regu- amended by CGD 79–026, 48 FR 35408, Aug. 4, lated navigation area must: 1983] (1) Report compliance with part 164 of this chapter, to the Vessel Traffic § 165.1703 Ammunition Island, Port Center (VTC); Valdez, Alaska. (2) Have at least two radiotelephones (a) Location. The waters within the capable of operating on the designated following boundaries is a safety zone— VTS frequency, one of which is capable the area within a radius of 1330 yards of of battery operation; Ammunition Island, centered on lati- (3) When steady wind conditions in tude 61°07′28″ N, longitude 146°18′29″ W, the VTS Special Area or Port Valdez (NAD 83) and the vessel moored or an- exceed, or are anticipated to exceed 40 chored at Ammunition Island. knots, proceed as directed by the VTC (b) The area 200 yards off the vessel (entry into the VTS Special Area and navigating the Vessel Traffic system Port Valdez is prohibited); from abeam of Naked Island, maneu- (4) When transiting the VTS Special vering to approach, moor, unmoor at Area, limit speed to 12 knots; Ammunition Island, or the departure of (5) If laden and intending to navigate the vessel from Ammunition Island. the VTS Special Area, limit speed to 12 (c) Special regulation. (1) Section knots except between Middle Rock and 165.23 does not apply to paragraph (a) Potato Point where the speed limit of this section, except when the vessel shall be 6 knots; and is moored to Ammunition Island. (6) Until December 31, 2004, have an (d) Effective August 25, 1987 Notice of operating Automatic Identification vessels arrival will be made in the No- System Shipborne Equipment (AISSE) tice to Mariners, Local Notice to Mari- system installed.

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(i) The designated digital selective (b) Effective date. The safety zone be- calling frequency (DSC) in Prince Wil- comes effective on July 3 each year at liam Sound is 156.525MHz (VHF Chan- 10 p.m. ADT. It terminates at the con- nel 70). clusion of the fireworks display at ap- (ii) AISSE equipped vessels will not proximately 2:30 a.m. ADT on July 5 be required to make voice radio posi- each year, unless sooner terminated by tion reports at designated reporting the Captain of the Port. If the fire- points required by § 161.20(b), unless works display is postponed because of otherwise directed by the VTC. inclement weather, the date and dura- (iii) Whenever a vessel’s AISSE be- tion of the safety zone will be an- comes non-operational, as defined in nounced in the Local Notices to Mari- § 164.43(c) of this chapter, before enter- ners. ing or while underway in the VTS area, (c) Regulation. In accordance with the a vessel must: general regulations in § 165.23 of this (A) Notify the VTC; part, entry into this zone is prohibited unless authorized by the Captain of the (B) Make the required voice radio po- Port, Southeast Alaska. sition reports as set forth in § 161.60 and required by § 161.20(b) of this chapter; [59 FR 31934, June 21, 1994, as amended by (C) Make other voice radio reports as COTP Southeast Alaska 00–018, 65 FR 81363, required by the VTS; and Dec. 26, 2000] (D) Restore the AISSE to operating § 165.1708 Tongass Narrows, Ketch- condition as soon as possible. ikan, Alaska—Safety Zone. (iv) Whenever a vessel’s AISSE be- (a) Location. The following area is a comes non-operational due to a loss of safety zone: the waters in Tongass Nar- position correction information (i.e., rows within a 300 yard radius of the the U.S. Coast Guard dGPS system barge located at 55°20′32″ N, 131°39′40″ W cannot provide the required error cor- used to conduct fireworks displays. rection messages) a vessel must: (b) Effective date. The safety zone be- (A) Make the required voice radio po- comes effective on July 3 each year at sition reports as set forth in § 161.60 and 10 p.m. ADT. It terminates at the con- required by § 161.20(b) of this chapter; clusion of the fireworks display at ap- and proximately 2:30 a.m. ADT on July 5 (B) Make other voice radio reports as each year, unless sooner terminated by required by the VTS. the Captain of the Port. If the fire- (v) Whenever a vessel’s AISSE be- works display is postponed because of comes non-operational before getting inclement weather, the date and dura- underway in the VTS area, permission tion of the safety zone will be an- to get underway must be obtained from nounced in the Local Notices to Mari- the VTC. ners. NOTE: Regulations pertaining to Auto- (c) Regulation. In accordance with the matic Identification System Shipborne general regulations in § 165.23 of this Equipment (AISSE) required capabilities are part, entry into this zone is prohibited set forth in Part 164 of this chapter. unless authorized by the Captain of the Port, Southeast Alaska. [CGD 90–020, 59 FR 36335, July 15, 1994, as amended by CGD 95–033, 60 FR 28333, May 31, [59 FR 31933, June 21, 1994, as amended at 65 1995; CGD 97–023, 62 FR 33365, June 19, 1997; FR 81362, Dec. 26, 2000] USCG–1998–3799, 63 FR 35533, June 30, 1998; USCG–2003–14757, 68 FR 39368, July 1, 2003; § 165.1709 Security Zones: Liquefied USCG–2003–14757, 68 FR 60570, Oct. 22, 2003] Natural Gas Tanker Transits and Operations at Phillips Petroleum § 165.1706 Gastineau Channel, Juneau, LNG Pier, Cook Inlet, AK. Alaska—Safety Zone. (a) Location. The following areas are (a) Location. The following area is a established as security zones during safety zone: the waters in Juneau Har- the specified conditions: bor within a 300 yard radius of the ves- (1) All navigable waters within a 1000- sel or waterfront facility located at yard radius of the Liquefied Natural 58°17′41″ N, 134°24′22″ W used to conduct Gas (LNG) tankers during their in- fireworks displays. bound and outbound transits through

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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. (2) All navigable waters within a 1000- These personnel are comprised of com- yard radius of the Liquefied Natural missioned, warrant, and petty officers Gas tankers while they are moored at of the Coast Guard. Upon being hailed Phillips Petroleum LNG Pier, 60°40′43″ by a U. S. Coast Guard vessel by siren, N and 151°24′10″ W. radio, flashing light, or other means, (b) Special Regulations. (1) For the the operator of a vessel shall proceed purpose of this section, the general reg- as directed. ulations contained in 33 CFR 165.33 (3) The Marine Safety Detachment apply to all but the following vessels in Kenai, Alaska will notify the maritime the areas described in paragraph (a): community of these security zones by (i) Vessels scheduled to moor and off- publishing a Local Notice to Mariners load or load cargo at other Nikiski ma- and via a bimonthly marine Broadcast rine terminals that have provided the Notice to Mariners. Coast Guard with an Advance Notice of [COTP 02–001, 67 FR 44059, July 1, 2002] Arrival. (ii) Commercial fishing vessels, in- § 165.1710 Port Valdez and Valdez Nar- cluding drift net and set net vessels, rows, Valdez, Alaska—security fishing from the waters within the zones. zone, if (a) Location. The following areas are (A) The owner of the vessel has pre- security zones: viously requested approval from the (1) Trans-Alaska Pipeline (TAPS) Captain of the Port representative, Ma- Valdez Terminal complex (Terminal), rine Safety Detachment Kenai, Alaska, Valdez, Alaska and TAPS tank vessels. to fish in the security zone and All waters enclosed within a line begin- (B) Has provided the Captain of the ning on the southern shoreline of Port Port representative, Marine Safety De- Valdez at 61°05′03.6″ N, 146°25′42″ W; tachment Kenai, Alaska current infor- thence northerly to yellow buoy at mation about the vessel, including: 61°06′00″ N, 146°25′42″ W; thence east to (1) The name and/or the official num- the yellow buoy at 61°06′00″ N, 146°21′30″ ber, if documented, or state number, if W; thence south to 61°05′06″ N, 146°21′30″ numbered by a state issuing authority; W; thence west along the shoreline and (2) A brief description of the vessel, including the area 2000 yards inland including length, color, and type of along the shoreline to the beginning vessel; point. (3) The name, Social Security num- (2) Tank vessel moving security zone. ber, current address, and telephone All waters within 200 yards of any number of the vessel’s master, operator TAPS tank vessel maneuvering to ap- or person in charge; and proach, moor, unmoor or depart the (4) Upon request, information on the TAPS Terminal or transiting, maneu- vessel’s crew. vering, laying to or anchored within (C) A vessel owner or operator is re- the boundaries of the Captain of the quired to submit the information one Port, Prince William Sound Zone de- time, but shall provide the Captain of scribed in 33 CFR 3.85–20 (b). the Port representative updated infor- (3) Valdez Narrows, Port Valdez, mation when any part of it changes. Valdez, Alaska. All waters 200 yards ei- (D) The Captain of the Port must ap- ther side of the Valdez Narrows Tanker prove a vessel’s request prior to being Optimum Track line bounded by a line allowed into the security zone at the beginning at 61°05′15″ N, 146°37′18″ W; Phillips Petroleum LNG Pier. thence south west to 61°04′00″ N, (E) The vessel is operated in compli- 146°39′52″ W; thence southerly to ance with any specific orders issued to 61°02′32.5″ N, 146°41′25″ W; thence north

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west to 61°02′40.5″ N, 146°41′47″ W; thence has been authorized by the District north east to 61°04′07.5″ N, 146°40′15″ W; Commander or local Captain of the thence north east to 61°05′22″ N, Port (COTP), as defined in 33 CFR part 146°37′38″ W; thence south east back to 3, subpart 3.85, to act on his or her be- the starting point at 61°05′15″ N, half, or other Federal, State or local 146°37′18″ W. law enforcement Officers designated by (b) Regulations. (1) The general regu- the COTP. lations in 33 CFR 165.33 apply to the se- Escorted HCPV or AMHS vessel means curity zones described in paragraph (a) a HCPV or AMHS vessel that is accom- of this section. panied by one or more Coast Guard as- (2) Tank vessels transiting directly sets or Federal, State or local law en- to the TAPS terminal complex, enforcement agency assets as listed gaged in the movement of oil from the below: terminal or fuel to the terminal, and (1) Coast Guard surface or air asset vessels used to provide assistance or displaying the Coast Guard insignia. support to the tank vessels directly (2) State, Federal or local law en- transiting to the terminal, or to the forcement assets displaying the appli- terminal itself, and that have reported cable agency markings and or equip- their movements to the Vessel Traffic ment associated with the agency. Service, as required under 33 CFR part 161 and § 165.1704, may operate as nec- Federal Law Enforcement Officer means any Federal government law en- essary to ensure safe passage of tank forcement officer who has authority to vessels to and from the terminal. (3) All persons and vessels must com- enforce federal criminal laws. ply with the instructions of the Coast High Capacity Passenger Vessel Guard Captain of the Port and the des- (‘‘HCPV’’) means a passenger vessel ignated on-scene patrol personnel. greater than 100 feet in length that is These personnel comprise commis- authorized to carry more than 500 pas- sioned, warrant, and petty officers of sengers for hire. the Coast Guard. Upon being hailed by State law enforcement Officer means a vessel displaying a U.S. Coast Guard any State or local government law en- ensign by siren, radio, flashing light, or forcement officer who has authority to other means, the operator of the vessel enforce State or local criminal laws. must proceed as directed. Coast Guard (b) Location. The following areas are Auxiliary and local or state agencies security zones: all waters within 100 may be present to inform vessel opera- yards around escorted High Capacity tors of the requirements of this section Passenger Vessels or escorted Alaska and other applicable laws. Marine Highway System vessels in the navigable waters of the Seventeenth [COTP Prince William Sound 02–011, 71 FR Coast Guard District as defined in 33 2154, Jan. 13, 2006] CFR 3.85–1, from surface to bottom. § 165.1711 Security Zones; Waters of (c) Regulations. (1) No vessel may ap- the Seventeenth Coast Guard Dis- proach within 100 yards of an escorted trict HCPV or escorted AMHS vessel during (a) Definitions. As used in this sec- their transits within the navigable wa- tion— ters of the Seventeenth Coast Guard Alaska Marine Highway System vessel District. (‘‘AMHS vessel’’) means any vessel (2) Moored or anchored vessels that owned or operated by the Alaska Ma- are overtaken by this moving zone rine Highway System, including, but must remain stationary at their loca- not limited to: M/V AURORA, M/V tion until the escorted vessel maneu- CHENEGA, M/V COLUMBIA, M/V vers at least 100 yards away. FAIRWEATHER, M/V KENNICOTT, M/ (3) The local Captain of the Port may V LECONTE, M/V LITUYA, M/V notify the maritime and general public MALASPINA, M/V MATANUSKA, M/V by marine information broadcast of the TAKU, and the M/V TUSTUMENA. periods during which individual secu- Designated on Scene Representative rity zones have been activated by pro- means any U.S. Coast Guard commis- viding notice in accordance with 33 sioned, warrant or petty officer who CFR 165.7.

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(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. (5) If permission is granted to transit Official patrol means those personnel within 100 yards of an escorted HCPV designated and supervised by a senior or AMHS vessel, all persons and vessels naval officer present in command and must comply with the instructions of tasked to monitor a naval vessel pro- the designated on scene representative. tection zone, permit entry into the (6) All commercial fishing vessels as zone, give legally enforceable orders to defined by 46 U.S.C. 2101(11a) while ac- persons or vessels within the zone, and tively engaged in fishing are exempted take other actions authorized by the from the provisions of this section. U.S. Navy. [CGD17–05–002, 71 FR 19123, Apr. 13, 2006] Pacific Area means that area described in 33 CFR 3.04–3 Pacific Area. Restricted area means those areas es- Subpart G—Protection of Naval tablished by the Army Corps of Engi- Vessels neers and set out in 33 CFR part 334. Senior naval officer present in command AUTHORITY: 14 U.S.C. 91 and 633; 49 CFR is, unless otherwise designated by com- 1.45. petent authority, the senior line officer SOURCE: LANT AREA–02–001, 67 FR 31960, of the U.S. Navy on active duty, eligi- May 13, 2002, unless otherwise noted. ble for command at sea, who is present and in command of any part of the De- § 165.2010 Purpose. partment of Navy in the area. This subpart establishes the geo- U.S. naval vessel means any vessel graphic parameters of naval vessel pro- owned, operated, chartered, or leased tection zones surrounding U.S. naval by the U.S. Navy; any pre-commis- vessels in the navigable waters of the sioned vessel under construction for United States. This subpart also estab- the U.S. Navy, once launched into the lishes when the U.S. Navy will take en- water; and any vessel under the oper- forcement action in accordance with ational control of the U.S. Navy or a the statutory guidelines of 14 U.S.C. 91. Combatant Command. Nothing in the rules and regulations Vessel means every description of contained in this subpart shall relieve watercraft or other artificial contriv- any vessel, including U.S. naval ves- ance used, or capable of being used, as sels, from the observance of the Navi- a means of transportation on water, ex- gation Rules. The rules and regulations cept U.S. Coast Guard or U.S. naval contained in this subpart supplement, vessels. but do not replace or supercede, any other regulation pertaining to the safe- § 165.2020 Enforcement authority. ty or security of U.S. naval vessels. (a) Coast Guard. Any Coast Guard commissioned, warrant or petty officer § 165.2015 Definitions. may enforce the rules and regulations The following definitions apply to contained in this subpart. this subpart: (b) Senior naval officer present in com- Atlantic Area means that area demand. In the navigable waters of the scribed in 33 CFR 3.04–1 Atlantic Area. United States, when immediate action Large U.S. naval vessel means any is required and representatives of the U.S. naval vessel greater than 100 feet Coast Guard are not present or not in length overall. present in sufficient force to exercise Naval defensive sea area means those effective control in the vicinity of areas described in 32 CFR part 761. large U.S. naval vessels, the senior Naval vessel protection zone is a 500- naval officer present in command is re- yard regulated area of water sur- sponsible for the enforcement of the

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rules and regulations contained in this (1) Give advance notice on VHF-FM subpart to ensure the safety and secu- channel 16 of all large U.S. naval vessel rity of all large naval vessels present. movements; and In meeting this responsibility, the sen- (2) Permit vessels constrained by ior naval officer present in command their navigational draft or restricted in may directly assist any Coast Guard their ability to maneuver to pass with- enforcement personnel who are in 100 yards of a large U.S. naval vessel present. in order to ensure a safe passage in accordance with the Navigation Rules; § 165.2025 Atlantic Area. 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 Atlantic yards of passing large U.S. naval ves- Area, which includes the First, Fifth, sels; and Seventh, Eighth and Ninth U.S. Coast (4) Permit vessels that must transit Guard Districts. via a navigable channel or waterway to pass within 100 yards of a moored or NOTE TO § 165.2025 PARAGRAPH (a): The anchored large U.S. naval vessel with boundaries of the U.S. Coast Guard Atlantic Area and the First, Fifth, Seventh, Eighth minimal delay consistent with secu- and Ninth U.S. Coast Guard Districts are set rity. out in 33 CFR part 3. NOTE TO § 165.2025 PARAGRAPH (f): The listed (b) A naval vessel protection zone ex- actions are discretionary and do not create ists around U.S. naval vessels greater any additional right to appeal or otherwise than 100 feet in length overall at all dispute a decision of the Coast Guard, the senior naval officer present in command, or times in the navigable waters of the the official patrol. United States, whether the large U.S. naval vessel is underway, anchored, § 165.2030 Pacific Area. moored, or within a floating drydock, (a) This section applies to any vessel except when the large naval vessel is or person in the navigable waters of moored or anchored within a restricted the United States within the bound- area or within a naval defensive sea aries of the U.S. Coast Guard Pacific area. Area, which includes the Eleventh, (c) The Navigation Rules shall apply Thirteenth, Fourteenth, and Seven- at all times within a naval vessel pro- teenth U.S. Coast Guard Districts. tection zone. (d) When within a naval vessel pro- NOTE TO PARAGRAPH (a): The boundaries of tection zone, all vessels shall operate the U.S. Coast Guard Pacific Area and the at the minimum speed necessary to Eleventh, Thirteenth, Fourteenth, and Sev- maintain a safe course, unless required enteenth U.S. Coast Guard Districts are set to maintain speed by the Navigation out in 33 CFR part 3. Rules, and shall proceed as directed by (b) A naval vessel protection zone ex- the Coast Guard, the senior naval offi- ists around U.S. naval vessels greater cer present in command, or the official than 100 feet in length overall at all patrol. When within a naval vessel pro- times in the navigable waters of the tection zone, no vessel or person is al- United States, whether the large U.S. lowed within 100 yards of a large U.S. naval vessel is underway, anchored, naval vessel unless authorized by the moored, or within a floating dry dock, Coast Guard, the senior naval officer except when the large naval vessel is present in command, or official patrol. moored or anchored within a restricted (e) To request authorization to oper- area or within a naval defensive sea ate within 100 yards of a large U.S. area. naval vessel, contact the Coast Guard, (c) The Navigation Rules shall apply the senior naval officer present in com- at all times within a naval vessel pro- mand, or the official patrol on VHF-FM tection zone. channel 16. (d) When within a naval vessel pro- (f) When conditions permit, the Coast tection zone, all vessels shall operate Guard, senior naval officer present in at the minimum speed necessary to command, or the official patrol should: maintain a safe course, unless required

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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 officer present in command, or the official 166.200 Shipping safety fairways and an- patrol. When within a naval vessel pro- chorage areas, Gulf of Mexico. tection zone, no vessel or person is al- 166.300 Areas along the coast of California. lowed within 100 yards of a large U.S. 166.400 Areas along the coast of Alaska. 166.500 Areas along the Atlantic Coast. naval vessel unless authorized by the Coast Guard, the senior naval officer AUTHORITY: 33 U.S.C. 1223; 49 CFR 1.46. present in command, or official patrol. (e) To request authorization to oper- Subpart A—General ate within 100 yards of a large U.S. naval vessel, contact the Coast Guard, § 166.100 Purpose. the senior naval officer present in com- The purpose of these regulations is to mand, or the official patrol on VHF-FM establish and designate shipping safety channel 16. fairways and fairway anchorages to (f) When conditions permit, the Coast provide unobstructed approaches for Guard, senior naval officer present in vessels using U.S. ports. command, or the official patrol should: (1) Give advance notice on VHF-FM [CGD 81–80a, 48 FR 30110, June 30, 1983] channel 16 of all large U.S. naval vessel movements; § 166.103 Geographic coordinates. (2) Permit vessels constrained by Geographic coordinates expressed in their navigational draft or restricted in terms of latitude or longitude, or both, their ability to maneuver to pass with- are not intended for plotting on maps in 100 yards of a large U.S. naval vessel or charts whose referenced horizontal in order to ensure a safe passage in ac- datum is the North American Datum of cordance with the Navigation Rules; 1983 (NAD 83), unless such geographic and coordinates are expressly labeled NAD (3) Permit commercial vessels an- 83. Geographic coordinates without the chored in a designated anchorage area NAD 83 reference may be plotted on to remain at anchor when within 100 maps or charts referenced to NAD 83 yards of passing large U.S. naval ves- only after application of the appro- sels; and priate corrections that are published (4) Permit vessels that must transit on the particular map or chart being via a navigable channel or waterway to used. pass within 100 yards of a moored or anchored large U.S. naval vessel with [CGD 86–082, 52 FR 33811, Sept. 8, 1987] minimal delay consistent with security. § 166.105 Definitions.

NOTE TO PARAGRAPH (f): The listed actions (a) Shipping safety fairway or fairway are discretionary and do not create any addi- means a lane or corridor in which no tional right to appeal or otherwise dispute a artificial island or fixed structure, decision of the Coast Guard, the senior naval whether temporary or permanent, will officer present in command, or the official be permitted. Temporary underwater patrol. obstacles may be permitted under cer- [PAC AREA–02–001, 67 FR 38394, June 4, 2002] tain conditions described for specific areas in Subpart B. Aids to navigation PART 166—SHIPPING SAFETY approved by the U.S. Coast Guard may FAIRWAYS be established in a fairway. (b) Fairway anchorage means an an- Subpart A—General chorage area contiguous to and associated with a fairway, in which fixed Sec. structures may be permitted within 166.100 Purpose. certain spacing limitations, as de- 166.103 Geographic coordinates. scribed for specific areas in Subpart B. 166.105 Definitions. 166.110 Modification of areas. [CGD 81–80a, 48 FR 30110, June 30, 1983]

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§ 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 with 33 U.S.C. 1223(c); 92 Stat. 1473. the safety factors involved. (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 Subpart B—Designations of production complex, shall be consid- Fairways and Fairway Anchorages ered an attendant vessel and the extent of the complex shall include the vessel § 166.200 Shipping safety fairways and and its moorings. anchorage areas, Gulf of Mexico. (4) When a drilling or production (a) Purpose. Fairways and anchorage complex extends more than five hun- areas as described in this section are dred (500) yards from the center, a new established to control the erection of structure shall not be erected closer structures therein to provide safe ap- than two (2) nautical miles from the proaches through oil fields in the Gulf outer limit of the complex. of Mexico to entrances to the major (5) An underwater completion instal- ports along the Gulf Coast. lation in an anchorage area shall be (b) Special Conditions for Fairways in considered a structure and shall be the Gulf of Mexico. Temporary anchors marked with a lighted buoy approved and attendant cables or chains at- by the United States Coast Guard tached to floating or semisubmersible under § 66.01. drilling rigs outside a fairway may be (d) Designated Areas—(1) Brazos placed within a fairway described in Santiago Pass Safety Fairway. The areas this section for the Gulf of Mexico, pro- between rhumb lines joining points at: vided the following conditions are met: (1) Anchors installed within fairways Latitude North Longitude West to stablize semisubmersible drilling 26°03′27″ ...... 97°08′36″ rigs shall be allowed to remain 120 26°02′57″ ...... 97°07′11″ days. This period may be extended by 26°02′06″ ...... 96°57′24″ 25°58′54″ ...... 96°19′00″ the Army Corps of Engineers, as provided by § 209.135(b). (2) Drilling rigs must be outside of and rhumb lines joining points at: any fairway boundary to whatever dis- Latitude North Longitude West tance is necessary to ensure that the minimum depth of water over an an- 26°04′27″ ...... 97°08′36″ 26°04′58″ ...... 97°07′07″ chor line within a fairway is 125 feet. 26°04′12″ ...... 96°59′30″ (3) No anchor buoys or floats or re- 26°04′00″ ...... 96°57′24″ lated rigging will be allowed on the 26°00′54″ ...... 96°19′00″ surface of the water or to a depth of at least 125 feet from the surface, within a (2) Brazos Santiago Pass Anchorage fairway. Areas. The areas enclosed by rhumb (4) Aids to Navigation or danger lines joining points at: markings must be installed as required Latitude North Longitude West by 33 CFR Subchapter C. (c) Special Conditions for Fairway An- 26°02′57″ ...... 97°07′11″ chorages in the Gulf of Mexico. Struc- 26°02′06″ ...... 96°57′24″ 25°58′54″ ...... 96°57′24″ tures may be placed within an area des- 25°58′54″ ...... 97°07′18″ ignated as a fairway anchorage, but the 26°02′57″ ...... 97°07′11″ number of structures will be limited by spacing as follows: and rhumb lines joining points at: (1) The center of a structure to be erected shall not be less than two (2) Latitude North Longitude West nautical miles from the center of any 26°04′58″ ...... 97°07′07″ existing structure. 26°09′00″ ...... 97°07′00″ (2) In a drilling or production com- 26°09′00″ ...... 96°59′30″ plex, associated structures connected 26°04′12″ ...... 96°59′30″ 26°04′58″ ...... 97°07′07″ by walkways shall be considered one

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(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:

and rhumb lines joining points at: Latitude North Longitude West

Latitude North Longitude West 27°45′14″ ...... 96°55′26″ 27°43′00″ ...... 96°55′27″ 26°34′04″ ...... 97°16′05″ 27°44′09″ ...... 96°53′25″ 26°34′40″ ...... 97°15′47″ 27°45′14″ ...... 96°55′26″ 26°34′43″ ...... 97°14′40″ (6) Matagorda Entrance Safety Fair- (4) Aransas Pass Safety Fairway. The way. The areas between rhumb lines area between rhumb lines joining joining points at: points at: Latitude North Longitude West Latitude North Longitude West 28°24′50″ ...... 96°19′38″ 27°49′21″ ...... 97°02′08″ 28°22′16″ ...... 96°17′40″ 27°48′11″ ...... 97°01′06″ 28°14′48″ ...... 96°09′42″ 27°46′26″ ...... 96°57′40″ 28°11′24″ ...... 96°06′06″ 27°45′14″ ...... 96°55′26″ 28°10′06″ ...... 96°04′42″ ° ′ ″ ° ′ ″ 27°44′09″ ...... 96°53′25″ 27 38 02 ...... 95 49 39 27°42′47″ ...... 96°51′39″ 27°39′24″ ...... 96°48′26″ with rhumb lines joining points at: 27°21′59″ ...... 96°11′42″ Latitude North Longitude West and rhumb lines joining points at: 28°25′31″ ...... 96°18′48″ 28°23′38″ ...... 96°16′00″ Latitude North Longitude West 28°16′12″ ...... 96°08′06″ 28°12′30″ ...... 96°04′12″ 27°50′15″ ...... 97°01′32″ 28°11′13″ ...... 96°02′46″ 27°49′54″ ...... 96°59′56″ 27°38′12″ ...... 95°47′19″ 27°45′22″ ...... 96°51′19″ 27°44′35″ ...... 96°48′31″ 27°43′49″ ...... 96°45′47″ (7) Matagorda Entrance Anchorage 27°35′17″ ...... 96°27′46″ Areas. The areas enclosed by rhumb 27°33′33″ ...... 96°24′06″ lines joining points at: 27°25′53″ ...... 96°07′56″ Latitude North Longitude West separated by areas enclosed by rhumb 28°22′16″ ...... 96°17′40″ lines joining points at: 28°14′48″ ...... 96°09′42″ 28°12′42″ ...... 96°12′12″ Latitude North Longitude West 28°20′12″ ...... 96°20′12″ 28°22′16″ ...... 96°17′40″ 27°41′10″ ...... 96°47′23″ 27°34′50″ ...... 96°34′01″ 27°34′59″ ...... 96°31′56″ and rhumb lines joining points at: 27°42′03″ ...... 96°46′51″ 27°41′10″ ...... 96°47′23″ Latitude North Longitude West

28°23′38″ ...... 96°16′00″ and rhumb lines joining points at: 28°25′36″ ...... 96°13′36″ 28°18′12″ ...... 96°05′36″ Latitude North Longitude West 28°16′12″ ...... 96°08′06″ 28°23′38″ ...... 96°16′00″ 27°33′06″ ...... 96°30′21″ ° ′ ″ ° ′ ″ 27 23 33 ...... 96 10 12 (8) Freeport Harbor Safety Fairway. 27°24′19″ ...... 96°09′26″ 27°33′15″ ...... 96°28′16″ The area between rhumb lines joining 27°33′06″ ...... 96°30′21″ points at:

(5) Aransas Pass Anchorage Areas. The Latitude North Longitude West areas enclosed by rhumb lines joining 28°55′19″ ...... 95°17′46″ points at: 28°52′58″ ...... 95°16′06″

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Latitude North Longitude West Latitude North Longitude West

28°44′52″ ...... 95°07′43″ 9°18′10″ ...... 94°39′16″ 28°43′32″ ...... 95°06′18″ 29°08′04″ ...... 94°28′12″ 28°04′48″ ...... 94°26′12″ 29°03′13″ ...... 94°36′48″ 29°14′48″ ...... 94°45′12″ 29°18′10″ ...... 94°39′16″ and rhumb lines joining points at:

Latitude North Longitude West and rhumb lines joining points at:

28°55′59″ ...... 95°16′55″ Latitude North Longitude West 28°54′05″ ...... 95°14′10″ 28°45′58″ ...... 95°5′48″ 29°19′23″ ...... 94°37′08″ 28°44′39″ ...... 95°04′22″ 29°22′18″ ...... 94°32′00″ 28°07′46″ ...... 94°26′12″ 29°14′23″ ...... 94°25′53″ 29°13′24″ ...... 94°27′33″ ° ′ ″ ° ′ ″ (9) Freeport Harbor Anchorage Areas. 29 19 23 ...... 94 37 08 The areas enclosed by rhumb lines join- (12) Sabine Pass Safety Fairway. The ing points at: areas between rhumb lines joining Latitude North Longitude West points at:

28°52′58″ ...... 95°16′06″ Latitude North Longitude West 28°44′52″ ...... 95°07′43″ ° ′ ″ ° ′ ″ 28°42′24″ ...... 95°12′00″ 29 38 25 ...... 93 50 02 ° ′ ″ ° ′ ″ 28°51′30″ ...... 95°18′42″ 29 35 19 ...... 93 49 10 ° ′ ″ ° ′ ″ 28°52′58″ ...... 95°16′06″ 29 33 00 ...... 93 46 26 29°32′03″ ...... 93°46′44″ 29°30′39″ ...... 93°43′41″ and rhumb lines joining points at: 29°28′30″ ...... 93°41′09″ 29°07′28″ ...... 93°41′08″ Latitude North Longitude West 28°17′17″ ...... 92°57′59″ 28°11′57″ ...... 92°53′25″ 28°54′05″ ...... 95°14′10″ 27°51′58″ ...... 92°36′20″ 28°56′54″ ...... 95°09′18″ 28°47′42″ ...... 95°02′42″ 28°45′58″ ...... 95°05′48″ and rhumb lines joining points at: 28°54′05″ ...... 95°14′10″ Latitude North Longitude West

(10) Galveston Entrance Safety Fair- 29°38′48″ ...... 93°48′59″ ways. The areas between rhumb lines 29°37′32″ ...... 93°48′02″ joining points at: 29°36′28″ ...... 93°47′14″ 29°32′52″ ...... 93°43′00″ 29°31′13″ ...... 93°41′04″ Latitude North Longitude West 29°29′20″ ...... 93°38′51″ ° ′ ″ ° ′ ″ 27°44′03″ ...... 94°26′12″ 29 08 08 ...... 93 38 52 28°39′02″ ...... 93°13′39″ 28°04′48″ ...... 94°26′12″ 28°36′15″ ...... 93°11′15″ 28°07′46″ ...... 94°26′12″ 27°52′09″ ...... 92°33′40″ 29°06′24″ ...... 94°26′12″ 29°07′42″ ...... 94°27′48″ 29°18′10″ ...... 94°39′16″ (13) Sabine Pass Anchorage Areas—(i) 29°19′39″ ...... 94°41′33″ Sabine Pass Inshore Anchorage Area. The ° ′ ″ ° ′ ″ 29 20 44 ...... 94 40 44 area enclosed by rhumb lines joining 29°19′23″ ...... 94°37′08″ 29°10′30″ ...... 94°22′54″ points at: 29°10′17″ ...... 94°22′30″ 29°09′06″ ...... 94°20′36″ Latitude North Longitude West 28°17′17″ ...... 92°57′59″ 29°37′32″ ...... 93°48′02″ 29°37′32″ ...... 93°21′25″ and rhumb lines joining points at: 29°32′52″ ...... 93°43′00″ 29°36′28″ ...... 93°47′14″ Latitude North Longitude West (ii) Sabine Bank Offshore (North) An- 27°44′13″ ...... 94°23′57″ 29°06′24″ ...... 94°23′55″ chorage Area. The area enclosed by 29°07′41″ ...... 94°22′23″ rhumb lines joining points at: 28°11′57″ ...... 92°53′25″ Latitude North Longitude West (11) Galveston Entrance Anchorage 29°26′06″ ...... 93°43′00″ Areas. The areas enclosed by rhumb 29°26′06″ ...... 93°41′08″ lines joining points at: 29°24′06″ ...... 93°41′08″

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Latitude North Longitude West with rhumb lines joining points at:

29°24′06″ ...... 93°43′00″ Latitude North Longitude West

(iii) Sabine Bank Offshore (South) An- 27°40′36″ ...... 96°55′30″ 27°42′47″ ...... 96°51′39″ chorage Area. The area enclosed by 27°44′35″ ...... 96°48′31″ rhumb lines joining points at: 28°10′06″ ...... 96°04′42″ 28°11′13″ ...... 96°02′46″ Latitude North Longitude West 28°43′32″ ...... 95°06′18″ 28°44′39″ ...... 95°04′22″ 29°16′55″ ...... 93°43′00″ 29°06′24″ ...... 94°26′12″ 29°16′55″ ...... 93°41′08″ 29°06′24″ ...... 94°23′55″ 29°14′29″ ...... 93°41′08″ 29°07′41″ ...... 94°22′23″ 29°14′29″ ...... 93°43′00″ 29°09′06″ ...... 94°20′36″ 29°27′40″ ...... 93°57′18″ (iv) Sabine Bank Offshore (East) An- 29°30′39″ ...... 93°43′41″ 29°31′13″ ...... 93°41′04″ chorage Area. The area enclosed by 29°33′56″ ...... 93°28′35″ rhumb lines joining points at: 29°32′57″ ...... 93°17′00″

Latitude North Longitude West (15) Calcasieu Pass Safety Fairway. 29°26′06″ ...... 93°38′52″ The areas between rhumb lines joining 29°26′06″ ...... 93°37′00″ points at: 29°24′06″ ...... 93°37′00″ 29°24′06″ ...... 93°38′52″ Latitude North Longitude West (14) Coastwise Safety Fairways—(i) 29°45′00″ ...... 93°20′58″ 29°40′56″ ...... 93°20′18″ Brazos Santiago Pass to Aransas Pass. 29°38′18″ ...... 93°20′42″ The areas between rhumb lines joining 29°37′32″ ...... 93°21′25″ points at: 29°32′57″ ...... 93°17′00″ 29°31′08″ ...... 93°14′38″ ° ′ ″ ° ′ ″ Latitude North Longitude West 28 39 02 ...... 93 13 39

26°04′12″ ...... 96°59′30″ 26°09′00″ ...... 96°59′30″ and rhumb lines joining points at: 27°46′26″ ...... 96°57′40″ Latitude North Longitude West and rhumb lines joining points at: 29°45′05″ ...... 93°20′03″ 29°41′12″ ...... 93°19′37″ Latitude North Longitude West 29°37′30″ ...... 93°18′15″ 29°31′16″ ...... 93°12′16″ 25°58′54″ ...... 96°57′24″ 28°36′15″ ...... 93°11′15″ 26°02′06″ ...... 96°57′24″ 26°04′00″ ...... 96°57′24″ (16) Calcasieu Pass Anchorage Areas— 27°40′36″ ...... 96°55′30″ 27°43′00″ ...... 96°55′27″ (i) Calcasieu Pass North Anchorage Area. 27°45′14″ ...... 96°55′26″ The area enclosed by rhumb lines joining points at: (ii) Aransas Pass to Calcasieu Pass. The areas between rhumb lines joining Latitude North Longitude West points at: 29°41′12″ ...... 93°19′37″ 29°41′12″ ...... 93°12′28″ Latitude North Longitude West 29°31′16″ ...... 93°12′16″ 29°37′30″ ...... 93°18′15″ 27°43′00″ ...... 96°55′27″ 27°44′09″ ...... 96°53′25″ 27°45′22″ ...... 96°51′19″ (ii) Calcasieu Pass South Anchorage 27°51′46″ ...... 96°40′12″ Area. The area enclosed by rhumb lines 28°11′24″ ...... 96°06′06″ joining points at: 28°12′30″ ...... 96°04′12″ 28°42′24″ ...... 95°12′00″ 28°44′52″ ...... 95°07′43″ Latitude North Longitude West 28°45′58″ ...... 95°05′48″ 28°59′30″ ...... 93°16′30″ 28°47′42″ ...... 95°02′42″ 28°59′30″ ...... 93°14′00″ 29°07′42″ ...... 94°27′48″ 28°56′00″ ...... 93°14′00″ 29°10′17″ ...... 94°22′30″ 28°56′00″ ...... 93°16′30″ 29°29′30″ ...... 93°58′24″ 29°32′03″ ...... 93°46′44″ 29°33′00″ ...... 93°46′26″ (17) Lower Mud Lake Safety Fairway. 29°32′52″ ...... 93°43′00″ The area enclosed by rhumb lines join- ° ′ ″ ° ′ ″ 29 37 32 ...... 93 21 25 ing points at:

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Latitude North Longitude West Latitude North Longitude West

29°43′24″ ...... 93°00′18″ 29°10′59″ ...... 90°57′26″ 29°42′00″ ...... 93°00′18″ 29°05′24″ ...... 90°58′10″ 29°01′08″ ...... 91°00′44″ and rhumb lines joining points at: and a line joining points at: Latitude North Longitude West Latitude North Longitude West 29°43′33″ ...... 93°00′48″ 29°42′00″ ...... 93°00′48″ 29°00′40″ ...... 90°59′43″ 29°05′06″ ...... 90°57′03″ ° ′ ″ ° ′ ″ (18) Freshwater Bayou Safety Fairway. 29 09 46 ...... 90 56 27 The area between lines joining points (22) Cat Island Pass Safety Fairway. at: The area between lines joining points Latitude North Longitude West at:

29°31′59″ ...... 92°18′45″ Latitude North Longitude West 29°31′10″ ...... 92°18′54″ 29°31′13″ ...... 92°19′14″ 29°05′57″ ...... 90°34′32″ 29°27′44″ ...... 92°19′53″ 29°04′56″ ...... 90°35′09″ 29°03′14″ ...... 90°35′10″ 29°03′14″ ...... 90°35′17″ and a line joining points at: 29°01′24″ ...... 90°34′55″

Latitude North Longitude West and lines joining points at: 29°27′34″ ...... 92°18′45″ 29°31′03″ ...... 92°18′06″ Latitude North Longitude West 29°31′06″ ...... 92°18′26″ ° ′ ″ ° ′ ″ 29°31′55″ ...... 92°18′17″ 29 06 00 ...... 90 34 21 29°05′31″ ...... 90°34′12″ 29°03′13″ ...... 90°34′13″ (19) Southwest Pass Safety Fairway. 29°03′13″ ...... 90°34′07″ The area between lines joining points 29°01′34″ ...... 90°33′47″ at: (23) Belle Pass Safety Fairway. The Latitude North Longitude West area between a line joining points at: ° ′ ″ ° ′ ″ 29 34 48 ...... 92 03 12 Latitude North Longitude West 29°30′48″ ...... 92°07′00″ ° ′ ″ ° ′ ″ 29 23 30 ...... 92 08 24 29°05′06″ ...... 90°14′07″ 29°02′50″ ...... 90°14′46″ and lines joining points at: and a line joining points at: Latitude North Longitude West Latitude North Longitude West 29°34′24″ ...... 92°02′24″ 29°30′24″ ...... 92°06′12″ 29°02′56″ ...... 90°13′48″ 29°23′24″ ...... 92°07′30″ 29°05′06″ ...... 90°13′10″

(20) Atchafalaya Pass Safety Fairway. (24) Barataria Pass Safety Fairway. The area between a line joining points The area between a line joining points at: at:

Latitude North Longitude West Latitude North Longitude West

29°22′36″ ...... 91°23′28″ 29°16′00″ ...... 89°57′00″ 29°14′42″ ...... 91°30′28″ 29°14′54″ ...... 89°55′48″

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

Latitude North Longitude West Latitude North Longitude West

29°14′05″ ...... 91°29′34″ 29°16′30″ ...... 89°56′06″ 29°21′59″ ...... 91°22′34″ 29°15′18″ ...... 89°55′00″

(21) Bayou Grand Caillou Safety Fair- (25) Grand Bayou Pass Safety Fairway. way. The area between a line joining The areas between a line joining points points at: at:

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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″ 28°50′40″ ...... 89°24′48″ and a line joining points at: 28°48′48″ ...... 89°24′48″ 28°47′24″ ...... 89°26′30″ Latitude North Longitude West 28°00′36″ ...... 90°08′18″ 29°17′18″ ...... 89°40′36″ 29°16′18″ ...... 89°41′18″ (ii) Southwest Pass (Mississippi River) to Sea Safety Fairway. The area en- (26) Empire to the Gulf Safety Fairway. closed by rhumb lines joining points at: The area between a line joining points at: Latitude North Longitude West 28°54′33″ ...... 89°26′07″ Latitude North Longitude West 28°52′42″ ...... 89°27′06″ 28°50′00″ ...... 89°27′06″ ° ′ ″ ° ′ ″ 29 15 22 ...... 89 36 55 28°47′24″ ...... 89°26′30″ ° ′ ″ ° ′ ″ 29 13 52 ...... 89 37 15 28°36′28″ ...... 89°18′45″

and a line joining points at: and rhumb lines joining points at:

Latitude North Longitude West Latitude North Longitude West

29°13′24″ ...... 89°36′11″ 28°54′18″ ...... 89°25′46″ 29°14′54″ ...... 89°35′51″ 28°53′30″ ...... 89°25′18″ 28°53′30″ ...... 89°23′48″ (27) Gulf Safety Fairway. Aransas Pass 28°50′40″ ...... 89°24′48″ 28°48′48″ ...... 89°24′48″ Safety Fairway to Southwest Pass Safety 28°45′06″ ...... 89°22′12″ Fairway. The areas between rhumb 28°43′27″ ...... 89°21′01″ lines joining points at: 28°37′54″ ...... 89°17′06″

Latitude North Longitude West (iii) Southwest Pass (Mississippi River) 27°33′06″ ...... 96°30′21″ to South Pass (Mississippi River) Safety 27°33′15″ ...... 96°28′16″ Fairway. The areas between rhumb line 27°33′33″ ...... 96°24′06″ joining points at: 28°00′36″ ...... 90°08′18″ Latitude North Longitude West

and rhumb lines joining points at: 28°45′06″ ...... 89°22′12″ 28°55′56″ ...... 89°03′09″ Latitude North Longitude West

27°34′50″ ...... 96°34′01″ and rhumb lines joining points at: 27°34′59″ ...... 96°31′56″ 27°35′17″ ...... 96°27′46″ Latitude North Longitude West 27°38′02″ ...... 95°49′39″ 27°38′12″ ...... 95°47′19″ 28°43′27″ ...... 89°21′01″ 27°44′03″ ...... 94°26′12″ 28°54′55″ ...... 89°00′44″ 27°44′13″ ...... 94°23′57″ 27°51′58″ ...... 92°36′20″ (29) Southwest Pass (Mississippi River) 27°52′09″ ...... 92°33′40″ 28°02′32″ ...... 90°09′28″ Anchorage. The area enclosed by rhumb lines joining points at: (28) Southwest Pass (Mississippi River) Safety Fairway—(i) Southwest Pass (Mis- Latitude North Longitude West sissippi River) to Gulf Safety Fairway. 28°53′30″ ...... 89°23′48″ The area enclosed by rhumb lines join- 28°53′30″ ...... 89°21′48″ 28°55′06″ ...... 89°21′48″ ing points at: 28°55′06″ ...... 89°19′18″ 28°52′41″ ...... 89°17′30″ Latitude North Longitude West 28°50′40″ ...... 89°21′14″ 28°50′40″ ...... 89°24′48″ 28°54′33″ ...... 89°26′07″ 28°52′42″ ...... 89°27′06″ 28°50′00″ ...... 89°27′06″ (30) South Pass (Mississippi River) Safe- 28°02′32″ ...... 90°09′28″ ty Fairway—(i) South Pass to Sea Safety Fairway. The areas between rhumb and rhumb lines joining points at: lines joining points at:

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Latitude North Longitude West Latitude North Longitude West

28°59′18″ ...... 89°08′30″ 29°26′38″ ...... 88°58′43″ 28°58′42″ ...... 89°07′30″ 28°58′09″ ...... 89°08′30″ 28°55′56″ ...... 89°03′09″ (ii) Mississippi River-Gulf Outlet Chan- 28°54′55″ ...... 89°00′44″ nel to Mobile Ship Channel Safety Fair- 28°54′15″ ...... 88°59′00″ way. The areas within rhumb lines joining points at: and rhumb lines joining points at: Latitude North Longitude West Latitude North Longitude West 29°26′38″ ...... 88°58′43″ East jetty light: 29°29′57″ ...... 88°54′48″ 28°59′24″ ...... 89°08′12″ 29°38′59″ ...... 88°44′04″ 29°00′09″ ...... 89°07′24″ 29°56′43″ ...... 88°20′50″ 29°00′00″ ...... 89°07′00″ 29°58′03″ ...... 88°19′05″ 28°57′56″ ...... 89°02′18″ 30°05′29″ ...... 88°09′19″ 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 29°26′28″ ...... 88°55′39″ Safety Fairway. The areas between 29°27′54″ ...... 88°53′54″ rhumb lines joining points at: 29°37′32″ ...... 88°42′28″ 29°55′14″ ...... 88°19′15″ 29°56′34″ ...... 88°17′30″ Latitude North Longitude West 30°03′50″ ...... 88°08′01″ ° ′ ″ ° ′ ″ 28°57′18″ ...... 89°00′48″ 30 05 15 ...... 88 06 05 29°04′18″ ...... 88°48′31″ 29°24′35″ ...... 88°57′17″ (33) Mississippi River-Gulf Outlet An- chorage. (i) The areas within rhumb and rhumb lines joining points at: lines joining points at:

Latitude North Longitude West Latitude North Longitude West

28°56′16″ ...... 88°58′29″ 29°27′01″ ...... 89°01′54″ 29°03′30″ ...... 88°45′42″ 29°32′12″ ...... 88°55′42″ 29°23′06″ ...... 88°54′11″ 29°29′57″ ...... 88°54′48″ 29°26′28″ ...... 88°55′39″ 29°26′38″ ...... 88°58′43″

(31) South Pass (Mississippi River) An- (ii) The areas within rhumb lines chorage. The areas within rhumb lines joining points at: joining points at: Latitude North Longitude West Latitude North Longitude West 29°26′28″ ...... 88°55′39″ 29°00′00″ ...... 89°07′00″ 29°27′54″ ...... 88°53′54″ 29°03′36″ ...... 89°02′18″ 29°24′33″ ...... 88°52′27″ 28°57′56″ ...... 89°02′18″ 29°23′06″ ...... 88°54′11″

(32) Mississippi River-Gulf Outlet Safety (34) Gulfport Safety Fairway. The Fairway. (i) The areas between rhumb areas between rhumb lines joining lines joining points at: points at:

Latitude North Longitude West Latitude North Longitude West

29°42′10″ ...... 89°25′49″ 30°20′54″ ...... 89°05′36″ 29°29′33″ ...... 89°07′47″ 30°13′56″ ...... 88°59′42″ 29°27′14″ ...... 89°03′20″ 30°11′09″ ...... 88°59′56″ 29°24′38″ ...... 89°00′00″ 30°06′45″ ...... 88°56′24″ 29°24′35″ ...... 88°57′17″ 30°05′42″ ...... 88°56′24″

and rhumb lines joining points at: and rhumb lines joining points at:

Latitude North Longitude West Latitude North Longitude West

29°42′29″ ...... 89°25′31″ 30°21′27″ ...... 89°04′38″ 29°29′53″ ...... 89°07′31″ 30°14′11″ ...... 88°58′29″ 29°27′01″ ...... 89°01′54″ 30°11′29″ ...... 88°58′45″

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Latitude North Longitude West Latitude North Longitude West

30°07′42″ ...... 88°55′37″ 30°20′26″ ...... 188°31′25″ 30°18′39″ ...... 188°31′25″ (35) Biloxi Safety Fairway. The area between lines joining points at: and rhumb lines joining points at:

Latitude North Longitude West Latitude North Longitude West

30°24′06″ ...... 88°50′57″ 30°19′21″ ...... 88°30′12″ 30°23′15″ ...... 88°50′22″ 30°17′25″ ...... 88°30′12″ 30°21′11″ ...... 88°47′36″ 30°12′46″ ...... 88°29′42″ 30°20′13″ ...... 88°47′04″ 30°11′21″ ...... 88°31′00″ ° ′ ″ ° ′ ″ 30°15′06″ ...... 88°47′06″ 30 09 33 ...... 88 29 48 ° ′ ″ ° ′ ″ 30°13′09″ ...... 88°47′46″ 30 07 30 ...... 88 29 09 ° ′ ″ ° ′ ″ 30°12′23″ ...... 88°49′02″ 29 58 03 ...... 88 19 05 29°56′34″ ...... 88°17′30″ 29°20′48″ ...... 87°39′31″ and lines joining points at: (38) Horn Island Pass to Mobile Ship Latitude North Longitude West Channel Safety Fairway. The areas be- 30°24′27″ ...... 88°50′31″ tween rhumb line joining points at: 30°23′57″ ...... 88°49′31″ 30°21′42″ ...... 88°46′36″ Latitude North Longitude West 30°20′25″ ...... 88°45′55″ 30°14′57″ ...... 88°45′57″ 30°09′33″ ...... 88°29′48″ 30°12′56″ ...... 88°46′39″ 30°07′15″ ...... 88°06′54″ 30°12′00″ ...... 88°45′25″ and rhumb line joining points at: (36) Ship Island Pass to Horn Island Pass Safety Fairway. The areas between Latitude North Longitude West rhumb line joining points at: 30°07′30″ ...... 88°29′09″ 30°05′29″ ...... 88°09′19″ Latitude North Longitude West

30°05′42″ ...... 88°56′24″ (39) Mobile Safety Fairway—(i) Mobile 30°06′38″ ...... 88°31′26″ Ship Channel Safety Fairway. The areas between rhumb lines joining points at: and rhumb line joining points at: Latitude North Longitude West Latitude North Longitude West 30°38′46″ ...... 88°03′24″ ° ′ ″ ° ′ ″ 30°07′42″ ...... 88°55′37″ 30 38 14 ...... 88 02 42 ° ′ ″ ° ′ ″ 30°08′27″ ...... 88°36′57″ 30 31 59 ...... 88 02 00 30°31′59″ ...... 88°04′59″ (37) Pascagoula 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°31′00″ ...... 88°01′54″ ° ′ ″ ° ′ ″ 30 20 46 ...... 88 34 39 30°26′55″ ...... 88°01′26″ ° ′ ″ ° ′ ″ 30 20 21 ...... 88 34 39 30°16′35″ ...... 88°02′45″ ° ′ ″ ° ′ ″ 30 17 00 ...... 88 31 21 30°14′09″ ...... 88°03′24″ ° ′ ″ ° ′ ″ 30 12 59 ...... 88 30 53 30°10′36″ ...... 88°03′53″ ° ′ ″ ° ′ ″ 30 11 50 ...... 88 32 05 30°08′10″ ...... 88°04′40″ ° ′ ″ ° ′ ″ 30 08 27 ...... 88 36 57 30°07′15″ ...... 88°06′54″ 30°06′38″ ...... 88°31′26″ 29°56′43″ ...... 88°20′50″ 29°55′14″ ...... 88°19′15″ and rhumb lines joining points at: 29°20′00″ ...... 87°41′47″ Latitude North Longitude West

and rhumb line joining points at: 30°39′55″ ...... 88°01′15″ 30°37′06″ ...... 88°01′23″ Latitude North Longitude West 30°26′11″ ...... 88°00′11″ 30°16′18″ ...... 88°01′35″ 30°20′30″ ...... 88°33′18″ 30°13′52″ ...... 88°01′12″ 30°18′39″ ...... 88°31′25″ 30°13′14″ ...... 88°01′12″ 30°10′36″ ...... 88°01′35″ ° ′ ″ ° ′ ″ and rhumb line joining points at: 30 08 04 ...... 88 00 36

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(ii) Mobile Ship Channel to Sea Safety Latitude North Longitude West Fairway. The areas between rhumb ° ′ ″ ° ′ ″ lines joining points at: 30 25 35 ...... 87 10 30

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°24′36″ ...... 87°07′07″ 30°22′57″ ...... 87°09′38″ and rhumb line 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°06′17″ ...... 87°59′15″ 29°27′00″ ...... 87°27′18″ and rhumb lines joining points at:

(iii) Mobile to Pensacola Safety Fair- Latitude North Longitude West way. The areas between rhumb line 30°19′15″ ...... 87°17′37″ joining points at: 30°16′28″ ...... 87°16′32″ 30°14′32″ ...... 87°16′06″ Latitude North Longitude West 30°12′33″ ...... 87°15′43″ 29°42′30″ ...... 87°15′43″ 30°08′04″ ...... 88°00′36″ 30°14′20″ ...... 87°19′05″ (42) Pensacola Anchorage. (i) The area within rhumb lines joining points at: and rhumb line joining points at: Latitude North Longitude West Latitude North Longitude West 30°11′49″ ...... 87°22′41″ ° ′ ″ ° ′ ″ 30 06 17 ...... 87 59 15 30°12′31″ ...... 87°18′00″ ° ′ ″ ° ′ ″ 30 12 31 ...... 87 18 00 30°10′03″ ...... 87°18′00″ 30°09′21″ ...... 87°22′41″ (40) Mobile Anchorage. The areas within rhumb lines joining points at: (ii) The area within 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 16 28 ...... 87 16 32 ° ′ ″ ° ′ ″ 30°03′50″ ...... 88°08′01″ 30 17 14 ...... 87 11 52 30°15′14″ ...... 87°11′52″ ° ′ ″ ° ′ ″ (41) Pensacola Safety Fairway. The 30 14 32 ...... 87 16 06 areas between rhumb lines joining (43) Pensacola to Panama City Safety points at: Fairway. The area between rhumb lines Latitude North Longitude West joining points at:

30°23′41″ ...... 87°14′34″ Latitude North Longitude West 30°23′06″ ...... 87°13′53″ 30°22′54″ ...... 87°13′53″ 30°14′32″ ...... 87°16′06″ 30°20′47″ ...... 87°15′45″ 30°15′14″ ...... 87°11′52″ 30°18′45″ ...... 86°50′00″ ° ′ ″ ° ′ ″ and rhumb lines joining points at: 30 18 00 ...... 86 20 00 29°51′30″ ...... 85°47′33″ Latitude North Longitude West and rhumb lines joining points at: 30°18′43″ ...... 87°19′24″ 30°15′57″ ...... 87°18′19″ Latitude West Longitude West 30°14′20″ ...... 87°19′05″ ° ′ ″ ° ′ ″ 30 12 31 ...... 87 18 00 30°12′33″ ...... 87°15′43″ 30°10′03″ ...... 87°18′00″ 30°16′44″ ...... 86°49′49″ 29°37′00″ ...... 87°18′00″ 30°16′01″ ...... 86°20′57″ 29°48′45″ ...... 85°47′33″ and rhumb lines joining points at: (44) Panama City Safety Fairways. The Latitude North Longitude West areas between rhumb lines joining 30°26′27″ ...... 87°08′28″ points at:

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Latitude North Longitude West (48) Tampa Safety Fairways. The area between rhumb lines joining points at: 30°09′24″ ...... 85°40′12″ ° ′ ″ ° ′ ″ 30 09 21 ...... 85 41 40 Latitude North Longitude West 30°07′36″ ...... 85°44′20″ ° ′ ″ ° ′ ″ 30 06 32 ...... 85 47 33 27°37′48″ ...... 82°45′54″ ° ′ ″ ° ′ ″ 29 51 30 ...... 85 47 33 27°36′48″ ...... 82°55′54″ ° ′ ″ ° ′ ″ 29 48 45 ...... 85 47 33 27°36′48″ ...... 83°00′00″ ° ′ ″ ° ′ ″ 29 03 30 ...... 85 47 33 27°36′48″ ...... 84°39′10″

and rhumb lines joining points at: and rhumb lines joining points at:

Latitude North Longitude West Latitude North Longitude West ° ′ ″ ° ′ ″ 30 08 34 ...... 85 40 16 27°35′54″ ...... 82°45′42″ ° ′ ″ ° ′ ″ 30 07 55 ...... 85 41 50 27°34′48″ ...... 82°55′54″ ° ′ ″ ° ′ ″ 30 06 49 ...... 85 43 28 27°34′48″ ...... 83°00′00″ ° ′ ″ ° ′ ″ 30 04 40 ...... 85 45 15 27°34′48″ ...... 84°39′00″ 29°55′27″ ...... 85°45′15″ 29°51′20″ ...... 85°45′15″ 29°49′19″ ...... 85°45′15″ (49) Tampa Anchorages—(i) Eastern 29°00′00″ ...... 85°45′15″ Tampa Fairway Anchorage. The area enclosed by rhumb lines [North American (45) Panama City Anchorage. The area Datum of 1927 (NAD–27)] joining points within rhumb lines joining points at: at:

Latitude North Longitude West Latitude North Longitude West

29°55′27″ ...... 85°45′15″ 27°36′48″ ...... 83°00′00″ 29°55′27″ ...... 85°42′25″ 27°39′00″ ...... 83°00′00″ 29°51′39″ ...... 85°42′25″ 27°39′00″ ...... 82°55′54″ 29°51′20″ ...... 85°45′15″ 27°36′48″ ...... 82°55′54″

(46) Port St. Joe Fairway to Panama (ii) Western Tampa Fairway Anchor- City Fairway. The area between rhumb age. The area enclosed by rhumb lines lines joining points at: [North American Datum of 1927 (NAD– 27)] joining points at: Latitude North Longitude West

29°49′54″ ...... 85°19′24″ Latitude North Longitude West 29°50′59″ ...... 85°22′25″ 27°36′48″ ...... 83°05′06″ 29°53′32″ ...... 85°22′25″ 27°39′00″ ...... 83°05′06″ 29°54′12″ ...... 85°24′00″ 27°39′00″ ...... 83°01′00″ 29°54′12″ ...... 85°25′55″ 27°36′48″ ...... 83°01′00″ 29°52′58″ ...... 85°28′43″ 29°53′00″ ...... 85°29′48″ 29°51′39″ ...... 85°42′25″ (50) Charlotte Safety Fairways. The 29°51′20″ ...... 85°45′15″ area between rhumb lines joining points at: and rhumb lines joining points at: Latitude North Longitude West Latitude North Longitude West 26°41′18″ ...... 82°19′00″ 29°48′22″ ...... 85°18′12″ 25°30′00″ ...... 84°22′00″ 29°47′21″ ...... 85°21′00″ 29°50′42″ ...... 85°23′31″ 29°52′51″ ...... 85°23′36″ and rhumb lines joining points at: 29°53′10″ ...... 85°24′18″ 29°53′10″ ...... 85°25′33″ Latitude North Longitude West ° ′ ″ ° ′ ″ 29 51 57 ...... 85 28 19 ° ′ ″ ° ′ ″ 29°51′04″ ...... 85°29′00″ 26 40 19 ...... 82 18 28 ° ′ ″ ° ′ ″ 26°38′30″ ...... 82°19′54″ 29 50 40 ...... 85 32 39 ° ′ ″ ° ′ ″ 29°49′19″ ...... 85°45′15″ 26 39 00 ...... 82 19 00 25°28′00″ ...... 84°21′30″ (47) Port St. Joe Anchorage. The area (51) Charlotte Anchorage. The area within rhumb lines joining points at: within rhumb lines joining points at: Latitude North Longitude West Latitude North Longitude West 29°50′40″ ...... 85°32′39″ ° ′ ″ ° ′ ″ 26°39′00″ ...... 82°19′00″ 29 51 04 ...... 85 29 00 ° ′ ″ ° ′ ″ 29°49′18″ ...... 85°30′18″ 26 38 12 ...... 82 18 24 26°37′36″ ...... 82°19′18″

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Latitude North Longitude West at the 3-mile limit, all between lines joining the following points: 26°38′30″ ...... 82°19′54″ Latitude Longitude (52) Louisiana Offshore Oil Port (LOOP) Shipping Safety Fairway to Safe- 34°06′30″ N 119°15′00″ W 34°07′37″ N 119°14′25″ W ty Zone—(i) North of Gulf Safety Fair- 34°08′49″ N 119°13′21″ W way. The two mile wide area enclosed by rhumb lines joining points at: thence generally along the 30-foot-depth curve to the seaward end of the west en- Latitude North Longitude West trance jetty; seaward end of the east entrance jetty, thence generally along the 30- 28°48′36″ ...... 89°55′00″ 28°48′14″ ...... 89°54′17″ foot-depth curve to: 28°45′47″ ...... 89°54′19″ 28°36′06″ ...... 89°55′44″ Latitude Longitude 28°18′30″ ...... 89°55′15″ ° ′ ″ ° ′ ″ 28°20′58″ ...... 89°53′03″ 34 08 21 N 119 12 15 W ° ′ ″ ° ′ ″ 28°36′09″ ...... 89°53′28″ 34 07 10 N 119 13 20 W ° ′ ″ ° ′ ″ 28°49′07″ ...... 89°51′30″ 34 05 48 N 119 13 23 W 28°50′20″ ...... 89°53′51″ (2) [Reserved] (ii) South of Gulf Safety Fairway. The [CGD 82–101, 48 FR 49019, Oct. 24, 1983] two-mile-wide area enclosed by rhumb lines joining points at: § 166.400 Areas along the coast of Alas- ka. Latitude North Longitude West (a) Purpose. Fairways, as described in 28°15′20″ ...... 89°55′10″ this section, are established to control 27°46′29″ ...... 89°54′23″ 27°46′32″ ...... 89°52′08″ the erection of structures therein to 28°17′48″ ...... 89°52′58″ provide safe vessel routes along the coast of Alaska. (53) Heald Bank Cutoff Safety Fairway. (b) Designated Areas—(1) Prince Wil- The area enclosed by rhumb lines liam Sound Safety Fairway. (i) [North American Datum of 1927 (NAD– Hinchinbrook Entrance Safety Fairway. 27)], joining points at: The area enclosed by rhumb lines joining points at: Latitude North Longitude West

28°57′15″ ...... 94°23′55″ Latitude Longitude 28°51′30″ ...... 93°56′30″ 59°59′00″ N 145°27′24″ W 28°48′30″ ...... 93°51′45″ 60°13′18″ N 146°38′06″ W 28°55′15″ ...... 94°23′55″ 60°11′24″ N 146°47′00″ W 59°55′00″ N 145°42′00″ W [CGD 81–040, 47 FR 20581, May 13, 1982] (ii) Gulf to Hinchinbrook Safety Fair- EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 166.200, see the List of CFR way (recommended for inbound vessel Sections Affected, which appears in the traffic). The area enclosed by rhumb printed volume and on GPO Access. lines joining points at:

§ 166.300 Areas along the coast of Cali- Latitude Longitude fornia. 59°15′42″ N 144°02′07″ W (a) Purpose. Fairways as described in 59°59′00″ N 145°27′24″ W 59°58′00″ N 145°32′12″ W this section are established to control 59°14′18″ N 144°04′53″ W the erection of structures therein to provide safe vessel routes along the (iii) Hinchinbrook to Gulf Safety Fair- coast of California. way (recommended for outbound vessel (b) Designated Areas—(1) Port Hueneme traffic). The area enclosed by rhumb Safety Fairway. An area one nautical lines joining points at: mile in width centered on the aline- ment of Port Hueneme Entrance Chan- Latitude Longitude nel and extending seaward from the 30- 59°15′41″ N 144°23′35″ W foot-depth curve for a distance of 1.5 59°56′00″ N 145°37′39″ W nautical miles, thence turning south- 59°55′00″ N 145°42′00″ W ° ′ ″ ° ′ ″ erly and widening to 1.5 nautical miles 59 14 19 N 144 26 25 W

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(2) Unimak Pass Safety Fairway. (i) [CGD 84–004, 52 FR 33589, Sept. 4, 1987; 52 FR East/West Safety Fairway. The area en- 36248, Sept. 28, 1987] closed by rhumb lines joining points at: PART 167—OFFSHORE TRAFFIC Latitude Longitude SEPARATION SCHEMES 54°25′58″ N 165°42′24″ W 54°22′50″ N 165°06′54″ W Subpart A—General 54°22′10″ N 164°59′29″ W 54°07′58″ N 162°19′25″ W Sec. 54°04′02″ N 162°20′35″ W 167.1 Purpose. 54°22′02″ N 165°43′36″ W 167.3 Geographic coordinates. 167.5 Definitions. (ii) North/South Safety Fairway. The 167.10 Operating rules. area enclosed by rhumb lines joining 167.15 Modification of schemes. points at: Subpart B—Description of Traffic Separa- Latitude Longitude tion Schemes and Precautionary Areas

54°42′28″ N 165°16′19″ W ATLANTIC EAST COAST 54°43′32″ N 165°09′41″ W 54°22′50″ N 165°06′54″ W 167.150 Off New York Traffic Separation 54°22′10″ N 164°59′29″ W Scheme: General. 167.151 Off New York: Precautionary areas. 167.152 Off New York: Eastern approach, off [CGD 81–103, 51 FR 43349, Dec. 2, 1986] Nantucket. 167.153 Off New York: Eastern approach, off § 166.500 Areas along the Atlantic Ambrose Light. Coast. 167.154 Off New York: South-eastern ap- (a) Purpose. Fairways, as described in proach. this section are established to control 167.155 Off New York: Southern approach. 167.170 Off Delaware Bay Approach Traffic the erection of structures therein to Separation Scheme: General. provide safe vessel routes along the At- 167.171 Off Delaware Bay: Eastern approach. lantic Coast. 167.172 Off Delaware Bay: Southeastern ap- (b) Designated Areas—(1) Off New York proach. Shipping Safety Fairway. (i) Ambrose to 167.173 Off Delaware Bay: Two-Way Traffic Nantucket Safety Fairway. The area Route. enclosed by rhumb lines, [North Amer- 167.174 Off Delaware Bay: Precautionary area. ican Datum of 1927 (NAD–27)] joining 167.200 In the approaches to Chesapeake points at: Bay Traffic Separation Scheme: General. 167.201 In the approaches to Chesapeake Latitude Longitude Bay: Precautionary area. 40°32′20″ N 73°04′57″ W 167.202 In the approaches to Chesapeake 40°30′58″ N 72°58′25″ W Bay: Eastern approach. 40°34′07″ N 70°19′23″ W 167.203 In the approaches to Chesapeake 40°35′37″ N 70°14′09″ W Bay: Southern approach. 40°30′37″ N 70°14′00″ W 40°32′07″ N 70°19′19″ W ATLANTIC GULF COAST 40°28′58″ N 72°58′25″ W 40°27′20″ N 73°04′57″ W 167.350 In the approaches to Galveston Bay Traffic Separation Scheme and pre- (ii) Nantucket to Ambrose Safety Fair- cautionary areas. way. The area enclosed by rhumb lines, PACIFIC WEST COAST NAD–27, joining point at: 167.400 Off San Francisco Traffic Separation Latitude Longitude Scheme: General. 167.401 Off San Francisco: Precautionary 28°54′33″ N 89°26′07″ W area. 40°24′20″ N 73°04′58″ W 167.402 Off San Francisco: Northern ap- 40°22′58″ N 72°58′26″ W proach. 40°26′07″ N 70°19′09″ W 167.403 Off San Francisco: Southern ap- 40°27′37″ N 70°13′46″ W proach. 40°22′37″ N 70°13′36″ W ° ′ ″ ° ′ ″ 167.404 Off San Francisco: Western ap- 40 24 07 N 70 19 05 W proach. 40°20′58″ N 72°58′26″ W 40°19′20″ N 73°04′58″ W 167.405 Off San Francisco: Main ship channel.

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167.406 Off San Francisco: Area to be avoid- (c) Traffic lane means an area within ed. defined limits in which one-way traffic 167.450 In the Santa Barbara Channel Traf- is established. Natural obstacles, in- fic Separation Scheme: General. cluding those forming separation 167.451 In the Santa Barbara Channel: Be- tween Point Vicente and Point Concep- zones, may constitute a boundary. tion. (d) Separation zone or line means a 167.452 In the Santa Barbara Channel: Be- zone or line separating the traffic lanes tween Point Conception and Point in which ships are proceeding in oppo- Arguello. site or nearly opposite directions; or 167.500 In the approaches to Los Angeles- separating a traffic lane from the adja- Long Beach Traffic Separation Scheme: cent sea area; or separating traffic General. lanes designated for particular classes 167.501 In the approaches to Los Angeles/ of ships proceeding in the same direc- Long Beach: Precautionary area. 167.502 In the approaches to Los Angeles- tion. Long Beach: Western approach. (e) Precautionary area means a rout- 167.503 In the approaches to Los Angeles- ing measure comprising an area within Long Beach TSS: Southern approach. defined limits where ships must navi- 167.1700 In Prince William Sound: General. gate with particular caution and with- 167.1701 In Prince William Sound: Pre- in which the direction of traffic flow cautionary areas. may be recommended. 167.1702 In Prince William Sound: Prince (f) Deep-water route means an inter- William Sound Traffic nationally recognized routing measure 167.1703 In Prince William Sound: Valdez Arm Traffic Separation Scheme. primarily intended for use by ships that, because of their draft in relation AUTHORITY: 33 U.S.C. 1223; 49 CFR 1.46. to the available depth of water in the SOURCE: CGD 81–080, 48 FR 36456, Aug. 11, area concerned, require the use of such 1983, unless otherwise noted. a route. (g) Two-way route means a route Subpart A—General within defined limits inside which two- way traffic is established, aimed at § 167.1 Purpose. providing safe passage of ships through The purpose of the regulations in this waters where navigation is difficult or part is to establish and designate traf- dangerous. fic separation schemes and pre- [CGD 81–080, 48 FR 36456, Aug. 11, 1983; 49 FR cautionary areas to provide access 15548, Apr. 19, 1984, as amended by CGD 90– routes for vessels proceeding to and 039, 59 FR 21937, Apr. 28, 1994; CGD 97–004, 65 from U.S. ports. FR 12945, Mar. 10, 2000; USCG–1999–5700, 65 FR 46605, July 31, 2000] § 167.3 Geographic coordinates. § 167.10 Operating rules. Geographic coordinates are defined The operator of a vessel in a TSS using North American 1927 Datum shall comply with Rule 10 of the Inter- (NAD 27) unless indicated otherwise. national Regulations for Preventing [CGD 90–039, 59 FR 21937, Apr. 28, 1994] Collisions at Sea, 1972, as amended.

§ 167.5 Definitions. § 167.15 Modification of schemes. (a) Area to be avoided means a routing (a) A traffic separation scheme or measure comprising an area within de- precautionary area described in this fined limits in which either navigation Part may be permanently amended in is particularly hazardous or it is excep- accordance with 33 U.S.C. 1223 (92 Stat. tionally important to avoid casualties 1473), and with international agree- and which should be avoided by all ments. ships or certain classes of ships. (b) A traffic separation scheme or (b) Traffic separation scheme (TSS) precautionary area in this Part may be means a designated routing measure temporarily adjusted by the Com- which is aimed at the separation of op- mandant of the Coast Guard in an posing streams of traffic by appro- emergency, or to accommodate oper- priate means and by the establishment ations which would create an undue of traffic lanes. hazard for vessels using the scheme or

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which would contravene Rule 10 of the of radius 15.5 miles, centered upon geo- International Regulations for Pre- graphical position 40°35.00′ N, 69°00.00′ venting Collisions at Sea, 1972. Adjust- W, and is intersected by the traffic sep- ment may be in the form of a tem- aration schemes ‘‘In the Approach to porary traffic lane shift, a temporary Boston, Massachusetts’’ and ‘‘Off New suspension of a section of the scheme, York’’ at the following geographic po- a temporary precautionary area over- sitions: laying a lane, or other appropriate measure. Adjustments will only be Latitude Longitude made where, in the judgment of the 40°50.33′ N 68°57.00′ W Coast Guard, there is no reasonable al- 40°23.75′ N 69°14.63′ W ternative means of conducting an operation and navigation safety will not be (2) The precautionary area is bounded jeopardized by the adjustment. Notice to the west by a line connecting the of adjustments will be made in the ap- two traffic separation schemes between propriate Notice to Mariners and in the the following geographical positions: FEDERAL REGISTER. Requests by members of the public for temporary adjust- Latitude Longitude ments to traffic separation schemes 40°36.75′ N 68°15.16′ W must be submitted 150 days prior to the 40°48.00′ N 69°03.33′ W time the adjustment is desired. Such Requests, describing the interference [CGD 84–004, 52 FR 33589, Sept. 4, 1987] that would otherwise occur to a TSS, should be submitted to the District § 167.152 Off New York: Eastern ap- Commander of the Coast Guard Dis- proach, off Nantucket. trict in which the TSS is located. (a) A separation zone is established bounded by a line connecting the fol- Subpart B—Description of Traffic lowing geographical positions: Separation Schemes and Pre- Latitude Longitude cautionary Areas 40°28.75′ N 69°14.83′ W ° ′ ° ′ ATLANTIC EAST COAST 40 27.62 N 70 13.77 W 40°30.62′ N 70°14.00′ W 40°31.75′ N 69°14.97′ W SOURCE: CGD 84–004, 52 FR 33589, Sept. 4, 1987, unless otherwise noted. (b) A traffic lane for westbound traffic is established between the separa- § 167.150 Off New York Traffic Separa- tion Scheme: General. tion zone and a line connecting the following geographical positions: The specific areas in the Off New York Traffic Separation Scheme and Latitude Longitude Precautionary Areas are described in 40°36.75′ N 69°15.17′ W §§ 167.151, 167.152, 167.153, 167.154, and 40°35.62′ N 70°14.15′ W 167.155 of this chapter. [CGD 84–004, 52 FR 33589, Sept. 4, 1987] (c) A traffic lane for eastbound traffic is established between the separa- § 167.151 Off New York: Precautionary tion zone and a line connecting the fol- areas. lowing geographical positions:

(a) A circular precautionary area Latitude Longitude with a radius of seven miles is established centered upon Ambrose Light in 40°22.62′ N 70°13.60′ W ° ′ ° ′ geographical position 40°27.50′ 40 23.75 N 69 14.63 W N,73°49.90′ W. (b) A precautionary area is estab- [CGD 84–004, 52 FR 33589, Sept. 4, 1987] lished between the traffic separation scheme ‘‘Eastern Approach, off Nan- § 167.153 Off New York: Eastern approach, off Ambrose Light. tucket’’ and the traffic separation scheme ‘‘In the Approach to Boston, (a) A separation zone is established Massachusetts.’’ (1) The precautionary bounded by a line connecting the fol- area is bounded to the east by a circle lowing geographical positions:

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Latitude Longitude Latitude Longitude

40°24.33′ N 73°04.97′ W 39°59.43′ N 73°22.35′ W 40°24.20′ N 73°11.50′ W 40°26.00′ N 73°40.93′ W 40°27.00′ N 73°40.75′ W [CGD 84–004, 52 FR 33589, Sept. 4, 1987, as 40°27.20′ N 73°11.50′ W amended by CGD 97–023, 62 FR 33365, June 19, ° ′ ° ′ 40 27.33 N 73 04.95 W 1997]

(b) A traffic lane for westbound traf- § 167.155 Off New York: Southern ap- fic is established between the separa- proach. tion zone and a line connecting the following geographical positions: (a) A separation zone is established bounded by a line connecting the fol- Latitude Longitude lowing 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 39°45.70′ N 73°48.00′ W 40°20.63′ N 73°48.33′ W (c) A traffic lane for eastbound traf- 40°20.87′ N 73°47.07′ W fic is established between the separa- 39°45.70′ N 73°44.00′ W tion zone and a line connecting the following geographical positions: (b) A traffic lane for northbound traffic is established between the separa- Latitude Longitude tion zone and a line connecting the fol- 40°25.05′ N 73°41.32′ W lowing geographical positions: 40°19.20′ N 73°11.50′ W 40°19.33′ N 73°04.97′ W Latitude Longitude

39°45.70′ N 73°37.70′ W [CGD 84–004, 52 FR 33589, Sept. 4, 1987] 40°21.25′ N 73°45.85′ W § 167.154 Off New York: South-eastern approach. (c) A traffic lane for southbound traffic is established between the separa- (a) A separation zone is established tion zone and a line connecting the fol- bounded by a line connecting the following geographical positions: lowing geographical positions: Latitude Longitude Latitude Longitude 40°20.53′ N 73°49.65′ W 40°03.10′ N 73°17.93′ W 39°45.70′ N 73°54.40′ W 40°06.50′ N 73°22.73′ W 40°22.45′ N 73°43.55′ W 40°23.20′ N 73°42.70′ W NOTE: Use of LORAN C enables masters of 40°08.72′ N 73°20.10′ W appropriately equipped vessels to be in- 40°05.32′ N 73°15.28′ W formed highly accurately and continuously about the vessel’s position in the area cov- (b) A traffic lane for north-westbound ered by this scheme. traffic is established between the separation zone and a line connecting the [CGD 84–004, 52 FR 33589, Sept. 4, 1987] following geographical positions: § 167.170 Off Delaware Bay Approach Latitude Longitude Traffic Separation Scheme: Gen- eral. 40°08.98′ N 73°10.87′ W 40°12.42′ N 73°15.67′ W The Off Delaware Bay Approach Traf- 40°24.02′ N 73°41.97′ W fic Separation Scheme consists of four parts: an Eastern Approach, a South- (c) A traffic lane for south-eastbound eastern Approach, a Two-Way Traffic traffic is established between the sepa- Route, and a Precautionary Area. The ration zone and a line connecting the specific areas in the Off Delaware Bay following geographical positions: Approach Traffic Separation Scheme Latitude Longitude and Precautionary Area are described in §§ 167.171 through 167.174. 40°21.82′ N 73°44.55′ W 40°02.80′ N 73°27.15′ W [CGD 97–004, 65 FR 12945, Mar. 10, 2000]

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§ 167.171 Off Delaware Bay: Eastern Latitude Longitude approach. 38°27.00′ N 74°45.40′ W (a) A separation zone is established bounded by a line connecting the fol- [CGD 97–004, 65 FR 12945, Mar. 10, 2000] lowing geographic positions: § 167.173 Off Delaware Bay: Two-Way Latitude Longitude Traffic Route. 38°46.30′ N 74°34.45′ W The Two-Way Traffic Route is rec- ° ′ ° ′ 38 46.33 N 74 55.75 W ommended for use predominantly by 38°47.45′ N 74°55.40′ W 38°47.35′ N 74°34.50′ W tug and tow traffic transiting to and from the northeast in order to separate (b) A traffic lane for westbound traf- such traffic from large, inbound vessel fic is established between the separa- traffic. tion zone and a line connecting the fol- (a) The Two-Way Traffic Route is lowing geographic positions: bounded on the west and south by a line connecting the following geo- Latitude Longitude graphic positions: 38°48.32′ N 74°55.30′ W Latitude Longitude 38°49.80′ N 74°34.60′ W 38°50.75′ N 75°03.40′ W (c) A traffic lane for eastbound traf- 38°47.50′ N 75°01.80′ W fic is established between the separa- 38°48.32′ N 74°55.30′ W 38°50.20′ N 74°49.73′ W tion zone and a line connecting the fol- 39°00.00′ N 74°40.23′ W lowing geographic positions: (b) The two-way traffic route is Latitude Longitude bounded on the east and north by a line 38°45.45′ N 74°56.20′ W connecting the following geographic 38°44.45′ N 74°34.35′ W positions:

Latitude Longitude [CGD 97–004, 65 FR 12945, Mar. 10, 2000] 39°00.00′ N 74°41.00′ W § 167.172 Off Delaware Bay: South- 38°50.48′ N 74°50.30′ W eastern approach. 38°48.80′ N 74°55.25′ W 38°48.33′ N 74°59.30′ W (a) A separation zone is established 38°49.10′ N 75°01.65′ W bounded by a line connecting the fol- 38°51.27′ N 75°02.83′ W lowing geographic positions: [CGD 97–004, 65 FR 12945, Mar. 10, 2000] Latitude Longitude § 167.174 Off Delaware Bay: Pre- 38°27.00′ N 74°42.30′ W 38°43.40′ N 74°58.00′ W cautionary area. 38°44.20′ N 74°57.20′ W A precautionary area is established ° ′ ° ′ 38 27.60 N 74 41.30 W as follows: from 38°42.80′ N, 74°58.90′ W; then northerly by an arc of eight nau- (b) A traffic lane for north-westbound tical miles centered at 38°48.90′ N, traffic is established between separa- 75°05.60′ W to 38°48.32′ N, 74°55.30′ W; tion zone and a line connecting the fol- then westerly to 38°47.50′ N, 75°01.80′ W; lowing geographic positions: then northerly to 38°50.75′ N, 75°03.40′ Latitude Longitude W; then northeasterly to 38°51.27′ N, 75°02.83′ W; then northerly to 38°54.80′ ° ′ ° ′ 38 28.80 N 74 39.30 W N, 75°01.60′ W; then westerly by an arc 38°45.10′ N 74°56.60′ W of 6.7 nautical miles centered at (c) A traffic lane for south-eastbound 38°48.90′ N, 75°05.60′ W to 38°55.53′ N, traffic is established between the sepa- 75°05.87′ W; then southwesterly to ration zone and a line connecting the 38°54.00′ N, 75°08.00′ W; then southerly following geographic positions: to 38°46.60′ N, 75°03.55′ W; then southeasterly to 38°42.80′ N, 74°58.90′ W. Latitude Longitude Datum: NAD 83. 38°42.80′ N 74°58.90′ W [CGD 97–004, 65 FR 12946, Mar. 10, 2000]

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§ 167.200 In the approaches to Chesa- a line connecting the following geo- peake Bay Traffic Separation graphical positions: Scheme: General. Latitude Longitude (a) The traffic separation scheme in the approaches to Chesapeake Bay con- 36°56.29′ N 75°54.93′ W sists of three parts: a Precautionary 36°58.18′ N 75°48.48′ W Area, an Eastern Approach, and a Southern Approach. The Southern Ap- [CGD 90–039, 59 FR 21937, Apr. 28, 1994] proach consists of inbound and outbound lanes for vessels drawing 13.5 § 167.203 In the approaches to Chesa- meters (45 feet) of fresh water or less, peake Bay: Southern approach. separated by a deep-water (DW) route (a) An inbound traffic lane is estab- for inbound and outbound vessels with lished between separation lines run- drafts exceeding 13.5 meters (45 feet) in ning through the following geo- fresh water and for naval aircraft car- graphical positions: riers. Each part is defined geographi- Latitude Longitude cally, using North American Datum 1983 (NAD 83), in §§ 167.201, 167.202, 36°50.33′ N 75°46.29′ W 167.203. 36°52.90′ N 75°51.52′ W 36°55.96′ N 75°54.97′ W (b) All vessels approaching the Traf- 36°55.11′ N 75°55.23′ W fic Separation Scheme in the Ap- 36°52.35′ N 75°52.12′ W proaches to Chesapeake Bay should use 36°49.70′ N 75°46.80′ W the appropriate inbound or outbound traffic lane. (b) An outbound traffic lane is established between separation lines run- [CGD 90–039, 59 FR 21937, Apr. 28, 1994] ning through the following geographical positions: § 167.201 In the approaches to Chesa- peake Bay: Precautionary area. Latitude Longitude

A precautionary area is established 36°49.52′ N 75°46.94′ W bounded by a circle with a two-mile ra- 36°52.18′ N 75°52.29′ W dius, centered on the following geo- 36°54.97′ N 75°55.43′ W 36°54.44′ N 75°56.09′ W graphic position: 36°51.59′ N 75°52.92′ W 36°48.87′ N 75°47.42′ W Latitude Longitude

36°56.14′ N 75°57.43′ W (c) A deep-water route is established between lines running through the fol- [CGD 90–039, 59 FR 21937, Apr. 28, 1994] lowing geographical positions: Latitude Longitude § 167.202 In the approaches to Chesa- peake Bay: Eastern approach. 36°55.11′ N 75°55.23′ W 36°52.35′ N 75°52.12′ W (a) A separation line is established 36°49.70′ N 75°46.80′ W connecting the following geographic 36°49.52′ N 75°46.94′ W positions: 36°52.18′ N 75°52.29′ W 36°54.97′ N 75°55.43′ W Latitude Longitude (d) The following vessels should use 36°58.66′ N 75°48.63′ W the deep-water route established in 36°56.79′ N 75°55.08′ W paragraph (c) of this section when (b) An inbound traffic lane is estab- bound for Chesapeake Bay from sea or lished between the separation line and to sea from Chesapeake Bay: a line connecting the following geo- (1) Deep draft vessels (drafts greater graphical positions: than 13.5 meters/45 feet in fresh water). (2) Naval aircraft carriers. Latitude Longitude (e) It is recommended that a vessel using the deep-water route established 36°59.14′ N 75°48.88′ W 36°57.24′ N 75°55.34′ W in paragraph (c) of this section— (1) Announce its intention on VHF- (c) An outbound traffic lane is estab- FM Channel 16 as it approaches Chesa- lished between the separation line and peake Bay Southern Approach Lighted

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Whistle Buoy CB on the south end, or Latitude Longitude Chesapeake Bay Junction Lighted ° ′ ° ′ Buoy CBJ on the north end of the (11) 29 07.70 N 94 27.80 W route; (e) An offshore precautionary area (2) Avoid, as far as practicable, over- bounded by a line connecting the fol- taking other vessels operating in the deep-water route; and lowing geographical positions: (3) Keep as near to the outer limit of Latitude Longitude the route which lies on the vessel’s starboard side as is safe and prac- (11) 29°07.70′ N 94°27.80′ W ticable. (12) 29°06.40′ N 94°26.20′ W ° ′ ° ′ (f) Vessels other than those listed in (13) 29 06.40 N 94 23.90 W (14) 29°09.10′ N 94°20.60′ W paragraph (d) of this section should not (10) 29°11.20′ N 94°24.00′ W use the deep-water route. [CGD 90–039, 59 FR 21937, Apr. 28, 1994, as NOTE: A pilot boarding area is located near amended by 59 FR 28449, June 1, 1994] the center of the inshore precautionary area. Due to heavy vessel traffic, mariners are ad- ATLANTIC GULF COAST vised not to anchor or linger in this precautionary area except to pick up or dis- § 167.350 In the approaches to Gal- embark a pilot. veston Bay Traffic Separation [CGD 81–080, 48 FR 36456, Aug. 11, 1983. Redes- Scheme and precautionary areas. ignated by CGD 84–004, 52 FR 33589, Sept. 4, (a) An inshore precautionary area 1987; CGD 89–019, 54 FR 28062, July 5, 1989; 54 bounded by a line connecting the fol- FR 51972, Dec. 19, 1989] lowing geographical positions: PACIFIC WEST COAST Latitude Longitude

(1) 29°18.10′ N 94°39.20′ W SOURCE: USCG–1999–5700, 65 FR 46605, July (2) 29°16.10′ N 94°37.00′ W 31, 2000, unless otherwise noted. (3) 29°18.00′ N 94°34.90′ W (4) 29°19.40′ N 94°37.10′ W ° ′ ° ′ § 167.400 Off San Francisco Traffic (5) 29 19.80 N 94 38.10 W Separation Scheme: General. (b) A traffic separation zone bounded The Off San Francisco Traffic Sepa- by a line connecting the following geo- ration Scheme consists of six parts: a graphical positions: Precautionary Area, a Northern Ap- proach, a Southern Approach, a West- Latitude Longitude ern Approach, a Main Ship Channel, (6) 29°17.13′ N 94°35.86′ W and an Area To Be Avoided. The spe- (7) 29°09.55′ N 94°25.80′ W cific areas in the Off San Francisco (8) 29°09.41′ N 94°25.95′ W (9) 29°17.00′ N 94°36.00′ W TSS and Precautionary Area are described in §§ 167.401 through 167.406 of (c) A traffic lane for inbound (north- this chapter. The geographic coordi- westerly heading) traffic is established nates in §§ 167.401 through 167.406 are between the separation zone and a line defined using North American Datum connecting the following geographical 1983 (NAD 83). positions: § 167.401 Off San Francisco: Pre- Latitude Longitude cautionary area. (3) 29°18.00′ N 94°34.90′ W (a)(1) A precautionary area is estab- (10) 29°11.20′ N 94°24.00′ W lished bounded to the west by an arc of a circle with a radius of 6 miles cen- (d) A traffic lane for outbound tering upon geographical position (southeasterly heading) traffic is estab- 37°45.00′ N, 122°41.50′ W and connecting lished between the separation zone and the following geographical positions: line connecting the following geographical positions: Latitude Longitude

Latitude Longitude 37°42.70′ N 122°34.60′ W. 37°50.30′ N 122°38.00′ W. (2) 29°16.10′ N 94°37.00′ W

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(2) The precautionary area is bounded tion zone and a line connecting the fol- to the east by a line connecting the following geographical positions: lowing geographic positions: Latitude Longitude Latitude Longitude 37°39.30′ N 122°39.20′ W. ° ′ ° ′ 37°42.70′ N 122°34.60′ W. 37 27.00 N 122 39.20 W. 37°45.90′ N 122°38.00′ W. 37°50.30′ N 122°38.00′ W (c) A traffic lane for southbound traffic is established between the separa- (b) A pilot boarding area is located tion zone and a line connecting the fol- near the center of the precautionary lowing geographical positions: area described in paragraph (a) of this section. Due to heavy vessel traffic, Latitude Longitude mariners are advised not to anchor or 37°27.00′ N 122°44.30′ W. linger in this precautionary area ex- 37°39.40′ N 122°44.30′ W. cept to pick up or disembark a pilot. § 167.404 Off San Francisco: Western § 167.402 Off San Francisco: Northern approach. approach. (a) A separation zone is bounded by a (a) A separation zone is bounded by a line connecting the following geo- line connecting the following geographical positions: graphical positions: Latitude Longitude Latitude Longitude ° ′ ° ′ ° ′ ° ′ 37 41.90 N 122 48.00 W. 37 48.40 N 122 47.60 W 37°38.10′ N 122°58.10′ W. 37°56.70′ N 123°03.70′ W ° ′ ° ′ ° ′ ° ′ 37 36.50 N 122 57.30 W. 37 55.20 N 123 04.90 W 37°41.10′ N 122°47.20′ W. 37°47.70′ N 122°48.20′ W

(b) A traffic lane for north-westbound (b) A traffic lane for south-westbound traffic is established between the sepa- traffic is established between the separation zone and a line connecting the ration zone and a line connecting the following geographical positions: following geographical positions: Latitude Longitude Latitude Longitude 37°42.80′ N 122°48.50′ W. 37°49.20′ N 122°46.70′ W. 37°39.60′ N 122°58.80′ W. 37°58.00′ N 123°02.70′ W.

(c) A traffic lane for south-eastbound (c) A traffic lane for north-eastbound traffic is established between the sepa- traffic is established between the separation zone and a line connecting the ration zone and a line connecting the following geographical positions: following geographical positions: Latitude Longitude Latitude Longitude 37°35.00′ N 122°56.50′ W. 37°53.90′ N 123°06.10′ W. 37°40.40′ N 122°46.30′ W. 37°46.70′ N 122°48.70′ W.

§ 167.403 Off San Francisco: Southern § 167.405 Off San Francisco: Main ship approach. channel. (a) A separation zone is bounded by a (a) A separation line connects the fol- line connecting the following geo- lowing geographical positions: graphical positions: Latitude Longitude

Latitude Longitude 37°45.90′ N 122°38.00′ W. 37°47.00′ N 122°34.30′ W. ° ′ ° ′ 37 39.10 N 122 40.40 W. 37°48.10′ N 122°31.00′ W. 37°27.00′ N 122°40.40′ W. 37°27.00′ N 122°43.00′ W. 37°39.10′ N 122°43.00′ W. (b) A traffic lane for eastbound traffic is established between the separa- (b) A traffic lane for northbound traf- tion line and a line connecting the fol- fic is established between the separa- lowing geographical positions:

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Latitude Longitude ration zone and a line connecting the following geographical positions: 37°45.80′ N 122°37.70′ W. ° ′ ° ′ 37 47.80 N 122 30.80 W. Latitude Longitude (c) A traffic lane for westbound traf- 33°42.30′ N 118°37.55′ W. fic is established between the separa- 34°01.40′ N 119°18.26′ W. 34°18.00′ N 120°31.16′ W. tion line and a line connecting the following geographical positions: § 167.452 In the Santa Barbara Chan- Latitude Longitude nel: Between Point Conception and Point Arguello. 37°46.20′ N 122°37.90′ W. 37°46.90′ N 122°35.30′ W. (a) A separation zone is bounded by a 37°48.50′ N 122°31.30′ W. line connecting the following geographical positions:

§ 167.406 Off San Francisco: Area to be Latitude Longitude avoided. A circular area to be avoided, with a 34°20.90′ N 120°30.16′ W. 34°18.90′ N 120°30.96′ W. radius of half of a nautical mile, is cen- 34°25.70′ N 120°51.81′ W. tered upon geographic position: 34°23.75′ N 120°52.51′ W.

Latitude Longitude (b) A traffic lane for westbound traf- 37°45.00′ N 122°41.50′ W. fic is established between the separation zone and a line connecting the following geographical positions: § 167.450 In the Santa Barbara Chan- nel Traffic Separation Scheme: Gen- Latitude Longitude eral. 34°21.80′ N 120°29.96′ W. The Traffic Separation Scheme in 34°26.60′ N 120°51.51′ W. the Santa Barbara Channel is described in §§ 167.451 and 167.452. The geographic (c) A traffic lane for eastbound traf- coordinates in §§ 167.451 and 167.452 are fic is established between the separa- defined using North American Datum tion zone and a line connecting the fol- 1983 (NAD 83). lowing geographical positions:

§ 167.451 In the Santa Barbara Chan- Latitude Longitude nel: Between Point Vicente and 34°18.00′ N 120°31.16′ W. Point Conception. 34°22.80′ N 120°52.76′ W. (a) A separation zone is bounded by a line connecting the following geo- § 167.500 In the approaches to Los An- graphical positions: geles-Long Beach Traffic Separa- tion Scheme: General. Latitude Longitude The Traffic Separation Scheme in 34°20.90′ N 120°30.16′ W the approaches to Los Angeles-Long 34°04.00′ N 119°15.96′ W. Beach consists of three parts: a Pre- 33°44.90′ N 118°35.75′ W. 33°43.20′ N 118°36.95′ W. cautionary Area, a Western Approach, 34°02.20′ N 119°17.46′ W. and a Southern Approach. The specific 34°18.90′ N 120°30.96′ W. areas in the approaches to Los Angeles- Long Beach are described in §§ 167.501 (b) A traffic lane for north-westbound through 167.503. The geographic coordi- traffic is established between the sepa- nates in §§ 167.501 through 167.503 are ration zone and a line connecting the defined using North American Datum following geographical positions: 1983 (NAD 83). Latitude Longitude [USCG–2000–7695, 65 FR 53913, Sept. 6, 2000]

34°21.80′ N 120°29.96′ W. 34°04.80′ N 119°15.16′ W. § 167.501 In the approaches to Los An- 33°45.80′ N 118°35.15′ W. geles/Long Beach: Precautionary area. (c) A traffic lane for south-eastbound (a) The precautionary area consists traffic is established between the sepa- of the water area enclosed by the Los

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Angeles-Long Beach breakwater and a § 167.503 In the approaches to Los An- line connecting Point Fermin Light at geles-Long Beach TSS: Southern ap- 33°42.30′ N, 118°17.60′ W, with the fol- proach. lowing geographical positions: (a) A separation zone is established bounded by a line connecting the fol- Latitude Longitude lowing geographic positions: 33°35.50′ N 118°17.60′ W. Latitude Longitude 33°35.50′ N 118°09.00′ W. 33°37.70′ N 118°06.50′ W. 33°35.50′ N 118°10.30′ W. 33°43.40′ N 118°10.80′ W. 33°35.50′ N 118°12.75′ W. 33°19.70′ N 118°03.50′ W. ° ′ ° ′ (b) Pilot boarding areas are located 33 19.00 N 118 05.60 W. within the precautionary area de- (b) A traffic lane for northbound traf- scribed in paragraph (a) of this section. fic is established between the separa- Specific regulations pertaining to ves- tion zone and a line connecting the fol- sels operating in these areas are con- lowing geographical positions: tained in 33 CFR 165.1109(d). Latitude Longitude [USCG–2000–7695, 65 FR 53913, Sept. 6, 2000] 33°35.50′ N 118°09.00′ W. ° ′ ° ′ § 167.502 In the approaches to Los An- 33 20.00 N 118 02.30 W. geles-Long Beach: Western approach. (c) A traffic lane for southbound traffic is established between the separa- (a) A separation zone is bounded by a tion zone and a line connecting the fol- line connecting the following geo- lowing geographical positions: graphical positions: Latitude Longitude Latitude Longitude 33°35.50′ N 118°14.00′ W. ° ′ ° ′ 33°37.70′ N 118°17.60′ W. 33 18.70 N 118 06.75 W. 33°36.50′ N 118°17.60′ W. 33°36.50′ N 118°23.10′ W. [USCG–2000–7695, 65 FR 53913, Sept. 6, 2000] 33°43.20′ N 118°36.90′ W. 33°44.90′ N 118°35.70′ W. § 167.1700 In Prince William Sound: 33°37.70′ N 118°20.90′ W. General. (b) A traffic lane for northbound The Prince William Sound Traffic coastwise traffic is established between Separation Scheme consists of four parts: Prince William Sound Traffic the separation zone and a line con- Separation Scheme, Valdez Arm Traf- necting the following geographical po- fic Separation Scheme, and two pre- sitions: cautionary areas. These parts are de- Latitude Longitude scribed in §§ 167.1701 through 167.1703. The geographic coordinates in 33°38.70′ N 118°17.60′ W. §§ 167.1701 through 167.1703 are defined 33°38.70′ N 118°20.60′ W. using North American Datum 1983 ° ′ ° ′ 33 45.80 N 118 35.10 W. (NAD 83). (c) A traffic lane for southbound [USCG–2001–10254, 67 FR 53743, Aug. 19, 2002] coastwise traffic is established between the separation zone and a line con- § 167.1701 In Prince William Sound: Precautionary areas. necting the following geographical positions: (a) Cape Hinchinbrook. A precautionary area is established and is Latitude Longitude bounded by a line connecting the following geographical positions: 33°35.50′ N 118°17.60′ W. 33°35.50′ N 118°23.43′ W. Latitude Longitude 33°42.30′ N 118°37.50′ W. 60°20.59′ N 146°48.18′ W 60°12.67′ N 146°40.43′ W [USCG–2000–7695, 65 FR 53913, Sept. 6, 2000] 60°11.01′ N 146°28.65′ W 60°05.47′ N 146°00.01′ W

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Latitude Longitude § 167.1703 In Prince William Sound: ° ′ ° ′ Valdez Arm Traffic Separation 60 00.81 N 146 03.53 W Scheme. 60°05.44′ N 146°27.58′ W 59°51.80′ N 146°37.51′ W The Valdez Arm Traffic Separation 59°53.52′ N 146°46.84′ W Scheme consists of the following: 60°07.76′ N 146°36.24′ W (a) A separation zone bounded by a 60°11.51′ N 146°46.64′ W ° ′ ° ′ line connecting the following geo- 60 20.60 N 146 54.31 W graphical positions:

(b) Bligh Reef. A precautionary area Latitude Longitude is established of radius 1.5 miles cen- ° ′ 60°51.08′ N 147°00.33′ W tered at geographical position 60 49.63 60°58.60′ N 146°48.10′ W N, 147°01.33′ W. 60°58.30′ N 146°47.10′ W (c) Pilot boarding area. A pilot board- 60°50.45′ N 146°58.75′ W ing area located near the center of the (b) A traffic lane for northbound traf- Bligh Reef precautionary area is estab- fic between the separation zone and a lished. Regulations for vessels oper- line connecting the following geo- ating in these areas are in § 165.1109(d) graphical positions: of this chapter. Latitude Longitude [USCG–2001–10254, 67 FR 53743, Aug. 19, 2002] 60°49.39′ N 146°58.19′ W § 167.1702 In Prince William Sound: 60°58.04′ N 146°46.52′ W Prince William Sound Traffic Sepa- ration Scheme. (c) A traffic lane for southbound traffic between the separation zone and a The Prince William Sound Traffic line connecting the following geo- Separation Scheme consists of the fol- graphical positions: lowing: (a) A separation zone bounded by a Latitude Longitude line connecting the following geo- 60°58.93′ N 146°48.86′ W graphical positions: 60°50.61′ N 147°03.60′ W

Latitude Longitude [USCG–2001–10254, 67 FR 53743, Aug. 19, 2002] 60°20.77′ N 146°52.31′ W 60°48.12′ N 147°01.78′ W PART 168—ESCORT REQUIREMENTS 60°48.29′ N 146°59.77′ W 60°20.93′ N 146°50.32′ W FOR CERTAIN TANKERS

(b) A traffic lane for northbound traf- Sec. fic between the separation zone and a 168.01 Purpose. 168.05 Definitions. line connecting the following geo- 168.10 Responsibilities. graphical positions: 168.20 Applicable vessels. 168.30 Applicable cargoes. Latitude Longitude 168.40 Applicable waters and number of escort vessels. 60°20.59′ N 146°48.18′ W 168.50 Performance and operational require- 60°49.49′ N 146°58.19′ W ments. 168.60 Pre-escort conference. (c) A traffic lane for southbound traffic between the separation zone and a AUTHORITY: Section 4116(c), Pub. L. 101–380, line connecting the following geo- 104 Stat. 520 (46 U.S.C. 3703 note); Depart- ment of Homeland Security Delegation No. graphical positions: 170.1, para. 2(82).

Latitude Longitude SOURCE: CGD 91–202, 59 FR 42968, Aug. 19, 1994, unless otherwise noted. 60°49.10′ N 147°04.19′ W 60°20.60′ N 146°54.31′ W § 168.01 Purpose. (a) This part prescribes regulations [USCG–2001–10254, 67 FR 53743, Aug. 19, 2002] in accordance with section 4116(c) of the Oil Pollution Act of 1990 (OPA 90)

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(Pub. L. 101–380). The regulations will § 168.10 Responsibilities. reduce the risk of oil spills from laden, (a) The tanker owner or operator single hull tankers over 5,000 GT by re- shall: quiring that these tankers be escorted (1) select escort vessels that can meet by at least two suitable escort vessels. the performance requirements of this The escort vessels will be immediately part; and available to influence the tankers’ (2) inform the tanker master of the speed and course in the event of a performance capabilities of the se- steering or propulsion equipment fail- lected escort vessels. This information ure, thereby reducing the possibility of must be provided to the master before groundings or collisions. beginning the escort transit. (b) The regulations in this part establish minimum escort vessel require- (b) The tanker master shall operate ments. Nothing in these regulations the tanker within the performance ca- should be construed as relieving the pabilities of the escort vessels, taking master of a tanker from the duty to op- into account speed, sea and weather erate the vessel in a safe and prudent conditions, navigational consider- manner, taking into account the navi- ations, and other factors that may gational constraints of the waterways change or arise during the escort tran- to be traversed, other vessel traffic, sit. and anticipated weather, tide, and sea (c) In an emergency, the tanker mas- conditions, which may require reduced ter may deviate from the requirements speeds, greater assistance from escort of this part to the extent necessary to vessels, or other operational pre- avoid endangering persons, property, or cautions. the environment, but shall immediately report the deviation to the cog- § 168.05 Definitions. nizant Coast Guard Captain of the Port (COTP). As used in this part— Disabled tanker means a tanker expe- § 168.20 Applicable vessels. riencing a loss of propulsion or steering control. The requirements of this part apply Escort transit means that portion of to laden, single hull tankers of 5,000 the tanker’s voyage through waters gross tons or more. where escort vessels are required. Escort vessel means any vessel that is § 168.30 Applicable cargoes. assigned and dedicated to a tanker dur- The requirements of this part apply ing the escort transit, and that is to any petroleum oil listed in 46 CFR fendered and outfitted with towing Table 30.25–1 as a pollution category I gear as appropriate for its role in an cargo. emergency response to a disabled tanker. § 168.40 Applicable waters and number Laden means transporting in bulk of escort vessels. any quantity of applicable cargo, ex- The requirements of this part apply cept for clingage and residue in other- to the following waters: wise empty cargo tanks. (a) Prince William Sound: Each tanker Single hull tanker means any self-pro- to which this part applies must be es- pelled tank vessel that is not con- corted by at least two escort vessels in structed with both double bottom and those navigable waters of the United double sides in accordance with the States within Prince William Sound, provisions of 33 CFR 157.10d. Alaska, and the adjoining tributaries, Tanker master means the licensed on- bays, harbors, and ports, including the board person in charge of the tanker. navigable waters of the United States Tanker owner or operator means the within a line drawn from Cape owner or shoreside organization (indi- Hinchinbrook Light, to Seal Rocks vidual, corporation, partnership, or as- Light, to a point on Montague Island sociation), including a demise at 60°14.6′ North, 146°59′ West, and the charterer, responsible for the overall waters of Montague Strait east of a management and operation of the line between Cape Puget and Cape tanker. Cleare.

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(b) Puget Sound and certain associated could turn itself with a hard-over rud- waters: Each tanker to which this part der. applies must be escorted by at least [CGD 91–202, 59 FR 42968, Aug. 19, 1994, as two escort vessels in those navigable amended at 70 FR 55730, Sept. 23, 2005] waters of the United States and Wash- ington State east of a line connecting § 168.60 Pre-escort conference. New Dungeness Light with Discovery (a) Before commencing an escort Island Light and all points in the transit, the tanker master shall confer, Puget Sound area north and south of by radio or in person, with the tanker these lights. This area includes all the pilot and the masters of the escort ves- navigable waters of the United States sels regarding the escort operation. within Haro Strait, Rosario Strait, the (b) The purpose of the pre-escort con- Strait of Georgia, Puget Sound, and ference is for all parties to plan and Hood Canal, as well as those portions discuss particulars of the escort tran- of the Strait of Juan de Fuca east of sit. the New Dungeness-Discovery Island (c) At a minimum, the following top- line. ics must be addressed during the pre- § 168.50 Performance and operational escort conference: requirements. (1) The destination, route, planned speed, other vessel traffic, anticipated (a) Except as provided in paragraph weather, tide, and sea conditions, and (c) of § 168.10, at all times during the es- other navigational considerations; cort transit each tanker to which this part applies: (2) The type and operational status of (1) Must be accompanied by escort communication, towing, steering, and vessels that meet the performance re- propulsion equipment on the tanker quirements of paragraph (b) of this sec- and escort vessels; tion (but not less than the number of (3) The relative positioning and reac- escorts required by § 168.40). tion time for the escort vessels to move (2) Must have the escort vessels posi- into assist positions, including, if ap- tioned relative to the tanker such that propriate, pre-tethering the escort ves- timely response to a propulsion or sels at crucial points along the route; steering failure can be effected. (4) The preparations required on the (3) Must not exceed a speed beyond tanker and escort vessels, and the which the escort vessels can reasonably methods employed in making an emer- be expected to safely bring the tanker gency towline connection, including under control within the navigational stationing of deck crews, preparation limits of the waterway, taking into of messenger lines, bridles, and other consideration ambient sea and weather towing gear, and energizing appro- conditions, surrounding vessel traffic, priate deck equipment; hazards, and other factors that may re- (5) The manner in which an emer- duce the available sea room. gency towline connection would be (b) The escort vessels, acting singly made (which escort vessel will respond, or jointly in any combination as need- how messengers and towlines will be ed, and considering their applied force passed, etc.); vectors on the tanker’s hull, must be (6) Other relevant information pro- capable of— vided by the tanker master, pilot or es- (1) Towing the tanker at 4 knots in cort vessel masters. calm conditions, and holding it in steady position against a 45-knot PART 169—SHIP REPORTING headwind; SYSTEMS (2) [Reserved] (3) Holding the tanker on a steady Subpart A—General course against a 35-degree locked rudder at a speed of 6 knots; and Sec. 169.1 What is the purpose of this part? (4) Turning the tanker 90 degrees, as- 169.5 How are terms used in this part de- suming a free-swinging rudder and a fined? speed of 6 knots, within the same dis- 169.10 What geographic coordinates are tance (advance and transfer) that it used?

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169.15 Incorporation by reference: Where used to provide, gather, or exchange in- can I get a copy of the publications men- formation through radio reports. The tioned in this part? information is used to provide data for Subpart B—Establishment of Two Manda- many purposes including, but not lim- tory Ship Reporting Systems for the ited to: navigation safety, maritime se- Protection of Northern Right Whales curity and domain awareness, environmental protection, vessel traffic serv- 169.100 What mandatory ship reporting sys- ices, search and rescue, weather fore- tems are established by this subpart? casting and prevention of marine pollu- 169.102 Who is the shore-based authority? tion. 169.105 Where is the northeastern reporting NOTE TO § 169.1: For ship reporting system system located? 169.110 When is the northeastern reporting requirements not established by the Coast system in effect? Guard, see 50 CFR Part 404. 169.115 Where is the southeastern reporting [USCG–1999–5525, 64 FR 29234, June 1, 1999, as system located? amended by USCG–2005–22612, 73 FR 23318, 169.120 When is the southeastern reporting Apr. 29, 2008; USCG–2009–0416, 74 FR 27442, system in effect? June 10, 2009] 169.125 What classes of ships are required to make reports? § 169.5 How are terms used in this part 169.130 When are ships required to make re- defined? ports? 169.135 How must the reports be made? As used in this part— 169.140 What information must be included Administration means the Govern- in the report? ment of the State whose flag the ship is entitled to fly. Subpart C—Transmission of Long Range Cargo ship means any ship which is Identification and Tracking Information not a passenger ship. 169.200 What is the purpose of this subpart? Flag Administration means the Gov- 169.205 What types of ships are required to ernment of a State whose flag the ship transmit LRIT information (position re- is entitled to fly. ports)? Gross tonnage means tonnage as de- 169.210 Where during its international voy- fined under the International Conven- age must a ship transmit position re- tion on Tonnage Measurement of ports? 169.215 How must a ship transmit position Ships, 1969 (Incorporated by reference, reports? see § 169.15). 169.220 When must a ship be fitted with Gross tons means vessel tonnage LRIT equipment? measured in accordance with the meth- 169.225 Which Application Service Providers od utilized by the flag state adminis- may a ship use? tration of that vessel. 169.230 How often must a ship transmit posi- High speed craft means a craft that is tion reports? 169.235 What exemptions are there from re- operable on or above the water and is porting? capable of a maximum speed equal to 169.240 When may LRIT equipment be or exceeding V=3.7×displ .1667, where switched off? ‘‘V’’ is the maximum speed and ‘‘displ’’ 169.245 What must a ship master do if LRIT is the vessel displacement cor- equipment is switched off or fails to op- responding to the design waterline in erate? cubic meters. AUTHORITY: 33 U.S.C. 1230(d), 1231; 46 U.S.C. High speed passenger craft means a 70115, Department of Homeland Security Del- high speed craft carrying more than 12 egation No. 0170.1. passengers. SOURCE: USCG–1999–5525, 64 FR 29234, June International voyage means a voyage 1, 1999, unless otherwise noted. from a country to which the present International Convention for the Safe- Subpart A—General ty of Life at Sea (SOLAS), 1974 applies to a port outside such country, or con- § 169.1 What is the purpose of this versely. For U.S. ships, such voyages part? will be considered to originate at a This subpart prescribes the require- port in the United States, regardless of ments for mandatory ship reporting when the voyage actually began. Such systems. Ship reporting systems are voyages for U.S. ships will continue

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until the ship returns to the United Mariana Islands, and any other terri- States from its last foreign port. tory or possession of the United States. Long range identification and tracking [USCG–1999–5525, 66 FR 58070, Nov. 20, 2001, as (LRIT) information or position report amended by USCG–2005–22612, 73 FR 23318, means a report containing the fol- Apr. 29, 2008] lowing information: (1) The identity of the ship; § 169.10 What geographic coordinates are used? (2) The position of the ship (latitude and longitude); and Geographic coordinates expressed in (3) The date and time of the position terms of latitude or longitude, or both, provided. are not intended for plotting on maps or charts where the referenced hori- LRIT Data Center means a center es- zontal datum is the North American tablished by a SOLAS Contracting Datum of 1983 (NAD 83), unless such ge- Government or a group of Contracting ographic coordinates are expressly la- Governments, or in the case of the beled NAD 83. Geographic coordinates International Data Center, by IMO, to without the NAD 83 reference may be request, receive, process, and archive plotted on maps or charts referenced to LRIT information. An LRIT Data Cen- NAD 83 only after application of the ter may be National, Regional, Co-op- appropriate corrections that are pub- erative or International. lished on the particular map or chart Mandatory ship reporting system being used. means a ship reporting system that requires the participation of specified § 169.15 Incorporation by reference: vessels or classes of vessels, and that is Where can I get a copy of the publi- established by a government or govern- cations mentioned in this part? ments after adoption of a proposed sys- (a) Certain material is incorporated tem by the International Maritime Or- by reference into this part with the ap- ganization (IMO) as complying with all proval of the Director of the Federal requirements of regulation V/8–1 of the Register under 5 U.S.C. 552(a) and 1 International Convention for the Safe- CFR part 51. To enforce any edition ty of Life at Sea, 1974, as amended other than that specified in this sec- (SOLAS), except paragraph (e) thereof. tion, the Coast Guard must publish no- Mobile offshore drilling unit means a tice of change in the FEDERAL REG- self-propelled vessel capable of engag- ISTER and the material must be avail- ing in drilling operations for the explo- able to the public. All approved mate- ration or exploitation of subsea re- rial is available for inspection at the sources. National Archives and Records Admin- Passenger ship means a ship that car- istration (NARA). For information on ries more than 12 passengers. the availability of this material at NARA, call 202–741–6030 or go to http:// Self-propelled ships means ships pro- www.archives.gov/federallregister/ pelled by mechanical means. codeloflfederallregulations/ Shore-based authority means the gov- ibrllocations.html. Also, it is available ernment appointed office or offices for inspection at the Coast Guard, Of- that will receive the reports made by fice of Navigation Systems (CG–54132), ships entering each of the mandatory 2100 Second Street, SW., Washington, ship reporting systems. The office or DC 20593–0001, and is available from the offices will be responsible for the man- sources indicated in this section. agement and coordination of the sys- (b) International Electrotechnical Com- tem, interaction with participating mission (IEC) Bureau Central de la Com- ships, and the safe and effective oper- mission Electrotechnique Internationale, 3 ation of the system. Such an authority rue de Varembe´, P.O. Box 131, 1211 Ge- may or may not be an authority in neva 20, Switzerland. charge of a vessel traffic service. (1) IEC 60945, Fourth edition 2002–08, United States means the States of the Maritime navigation and United States, the District of Colum- radiocommunication equipment and bia, Guam, Puerto Rico, the Virgin Is- systems—General requirements—Meth- lands, American Samoa, the Northern ods of testing and required test results,

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incorporation by reference approved the northeast and is identified as for § 169.215. WHALESNORTH. The other system is (2) [Reserved] located in the southeast and is identi- (c) International Maritime Organization fied as WHALESSOUTH. (IMO), 4 Albert Embankment, London SE1 7SR, U.K. NOTE TO § 169.100: 50 CFR 224.103(c) contains (1) IMO Resolution MSC.202(81), requirements and procedures concerning northern right whale approach limitations adopted on May 19, 2006, Adoption of and avoidance procedures. Amendments to the International Con- vention for the Safety of Life at Sea, [USCG–1999–5525, 64 FR 29234, June 1, 1999, as 1974, as Amended, incorporation by ref- amended by 66 FR 58070, Nov. 20, 2001] erence approved for § 169.240. (2) IMO Resolution MSC.210(81), § 169.102 Who is the shore-based au- adopted on May 19, 2006, Performance thority? Standards and Functional Require- The U.S. Coast Guard is the shore- ments for the Long-Range Identifica- based authority for these mandatory tion and Tracking of Ships, incorpora- ship reporting systems. tion by reference approved for §§ 169.215 and 169.240. § 169.105 Where is the northeastern re- (3) IMO Resolution MSC.254(83), porting system located? adopted on October 12, 2007, Adoption Geographical boundaries of the of Amendments to the Performance northeastern area include the waters of Standards and Functional Require- Cape Cod Bay, Massachusetts Bay, and ments for the Long-Range Identifica- the Great South Channel east and tion and Tracking of Ships, incorpora- southeast of Massachusetts. The co- tion by reference approved for §§ 169.215 ordinates (NAD 83) of the area are as and 169.240. follows: from a point on Cape Ann, (4) IMO Resolution A.694(17), adopted ° ′ ° ′ on November 6, 1991, General Require- Massachusetts at 42 39 N, 70 37 W; then ° ′ ° ′ ments for Shipborne Radio Equipment northeast to 42 45 N, 70 13 W; then ° ′ ° ′ Forming Part of the Global Maritime southeast to 42 10 N, 68 31 W; then Distress and Safety System (GMDSS) south to 41°00′ N, 68°31′ W; then west to and for Electronic Navigational Aids, 41°00′ N, 69°17′ W; then northeast to incorporation by reference approved 42°05′ N, 70°02′ W, then west to 42°04′ N, for § 165.215. 70°10′ W; and then along the Massachu- (5) International Convention on Ton- setts shoreline of Cape Cod Bay and nage Measurement of Ships, 1969, incor- Massachusetts Bay back to the point poration by reference approved for on Cape Anne at 42°39′ N, 70°37′ W. § 169.5. § 169.110 When is the northeastern re- [USCG–2005–22612, 73 FR 23319, Apr. 29, 2008] porting system in effect? Subpart B—Establishment of Two The mandatory ship reporting system in the northeastern United States Mandatory Ship Reporting operates year-round. Systems for the Protection of Northern Right Whales § 169.115 Where is the southeastern reporting system located? § 169.100 What mandatory ship reporting systems are established by this Geographical boundaries of the subpart? southeastern area include coastal wa- This subpart prescribes requirements ters within about 25 nautical miles (45 for the establishment and maintenance kilometer) along a 90-nautical mile of two mandatory ship reporting sys- (170-kilometer) stretch of the Atlantic tems for the protection of the endan- seaboard in Florida and Georgia. The gered northern right whale (also known area coordinates (NAD 83) extends from as the North Atlantic right whale). the shoreline east to longitude 80°51.6′ These two systems are designated for W with the southern and northern certain areas of the East Coast of the boundaries at latitude 30°00′ N and United States. One system is located in 31°27′ N, respectively.

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§ 169.120 When is the southeastern re- (b) A ship not equipped with porting system in effect? INMARSAT C must report to the Coast The mandatory ship reporting sys- Guard using other means, listed below tem in the southeastern United States in order of precedence— operates during the period beginning (1) Narrow band direct printing on November 15 each year through (SITOR), April 16 of the following year. (2) HF voice communication, or [USCG–1999–5525, 66 FR 58070, Nov. 20, 2001] (3) MF or VHF voice communications. § 169.125 What classes of ships are re- (c) SITOR or HF reports made di- quired to make reports? rectly to the Coast Guard’s Commu- Each self-propelled ship of 300 gross nications Area Master Station Atlantic tons or greater must participate in the (CAMSLANT) in Chesapeake, VA, or reporting systems, except government MF or VHF reports made to Coast ships exempted from reporting by regu- Guard activities or groups, should only lation V/8–1(c) of SOLAS. However, ex- be made by ships not equipped with empt ships are encouraged to partici- INMARSAT C. Ships in this category pate in the reporting systems. must provide all the required informa- [USCG–1999–5525, 66 FR 58070, Nov. 20, 2001] tion to the Coast Guard watchstander.

§ 169.130 When are ships required to [USCG–1999–5525, 64 FR 29234, June 1, 1999, as make reports? amended by 66 FR 58070, Nov. 20, 2001] Participating ships must report to § 169.140 What information must be in- the shore-based authority upon enter- cluded in the report? ing the area covered by a reporting system. Additional reports are not nec- Each ship report made to the shore- essary for movements made within a based authority must follow the stand- system or for ships exiting a system. ard reporting and format requirements listed in this section in table 169.140. § 169.135 How must the reports be Current email addresses and telex num- made? bers are published annually in the US (a) A ship equipped with INMARSAT Coast Pilot. C must report in IMO standard format as provided in § 169.140 in table 169.140.

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]

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Subpart C—Transmission of Long national voyage must transmit posi- Range Identification and tion reports when the ship is within Tracking Information 1,000 nautical miles of the baseline of the United States, unless their Flag Administration, under authority of SOURCE: USCG–2005–22612, 73 FR 23319, Apr. SOLAS V/19–1.9.1, has directed them 29, 2008, unless otherwise noted. not to do so. § 169.200 What is the purpose of this subpart? § 169.215 How must a ship transmit position reports? This subpart implements Regulation 19–1 of SOLAS Chapter V (SOLAS V/19– A ship must transmit position re- 1) and requires certain ships engaged ports using Long Range Identification on an international voyage to transmit and Tracking (LRIT) equipment that vessel identification and position infor- has been type-approved by their Ad- mation electronically. This require- ministration. To be type-approved by ment enables the Coast Guard to ob- the Coast Guard, LRIT equipment tain long range identification and must meet the requirements of IMO tracking (LRIT) information and thus Resolutions A.694(17), MSC.210(81), and heightens our overall maritime domain MSC.254(83), and IEC standard IEC awareness, enhances our search and 60945 (Incorporated by reference, see rescue operations, and increases our § 169.15). ability to detect anomalies and deter transportation security incidents. § 169.220 When must a ship be fitted with LRIT equipment? § 169.205 What types of ships are re- A ship identified in § 169.205 must be quired to transmit LRIT informa- equipped with LRIT equipment— tion (position reports)? (a) Before getting underway, if the The following ships, while engaged on ship is constructed on or after Decem- an international voyage, are required ber 31, 2008. to transmit position reports: (b) By the first survey of the radio in- (a) A passenger ship, including high stallation after December 31, 2008, if speed passenger craft. the ship is— (b) A cargo ship, including high speed (1) Constructed before December 31, craft, of 300 gross tonnage or more. 2008, and (c) A mobile offshore drilling unit (2) Operates within— while underway and not engaged in (i) One hundred (100) nautical miles drilling operations. of the United States baseline, or § 169.210 Where during its inter- (ii) Range of an Inmarsat geo- national voyage must a ship trans- stationary satellite, or other Applica- mit position reports? tion Service Provider recognized by the The requirements for the trans- Administration, with which continuous mission of position reports, imposed by alerting is available. the United States, vary depending on (c) By the first survey of the radio in- the relationship of the United States to stallation after July 1, 2009, if the ship a ship identified in § 169.205. is— (a) Flag State relationship. A U.S. flag (1) Constructed before December 31, ship engaged on an international voy- 2008, and age must transmit position reports (2) Operates within the area or range wherever they are located. specified in paragraph (b)(2) of this sec- (b) Port State relationship. A foreign tion as well as outside the range of an flag ship engaged on an international Inmarsat geostationary satellite with voyage must transmit position reports which continuous alerting is available. after the ship has announced its inten- While operating in the area or range tion to enter a U.S. port or place under specified in paragraph (b)(2) of this sec- requirements in 33 CFR part 160, sub- tion, however, a ship must install LRIT part C. equipment by the first survey of the (c) Coastal State relationship. A for- radio installation after December 31, eign flag ship engaged on an inter- 2008.

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§ 169.225 Which Application Service § 169.240 When may LRIT equipment Providers may a ship use? be switched off? A ship may use an Application Serv- A ship engaged on an international ice Provider (ASP) recognized by its voyage may switch off its LRIT equip- Administration. Some Communication ment only when it is permitted by its Service Providers may also serve as an Flag Administration, in circumstances ASP. detailed in SOLAS V/19–1.7, or in paragraph 4.4.1, of resolution MSC.210(81), § 169.230 How often must a ship trans- as amended by resolution MSC.254(83) mit position reports? (Incorporated by reference, see § 169.15). A ship’s LRIT equipment must transmit position reports at 6-hour intervals § 169.245 What must a ship master do unless a more frequent interval is re- if LRIT equipment is switched off or fails to operate? quested remotely by an LRIT Data Center. (a) If a ship’s LRIT equipment is switched off or fails to operate, the § 169.235 What exemptions are there ship’s master must inform his or her from reporting? Flag Administration without undue A ship is exempt from this subpart if delay. it is— (b) The master must also make an (a) Fitted with an operating auto- entry in the ship’s logbook that matic identification system (AIS), states— under 33 CFR 164.46, and operates only (1) His or her reason for switching within 20 nautical miles of the United the LRIT equipment off, or an entry States baseline, that the equipment has failed to oper- (b) A warship, naval auxiliaries or ate, and other ship owned or operated by a (2) The period during which the LRIT SOLAS Contracting Government and equipment was switched off or non- used only on Government non-commer- operational. cial service, or NOTE TO § 169.245: For U.S. vessels, the U.S. (c) A ship solely navigating the Great Coast Guard serves as the Flag Administra- Lakes of North America and their con- tion for purposes of this section. All LRIT notifications for the U.S. Flag Administra- necting and tributary waters as far tion, in addition to requests or questions east as the lower exit of the St. Lam- about LRIT, should be communicated to the bert Lock at Montreal in the Province U.S. Coast Guard by e-mail addressed to of Quebec, Canada. [email protected].

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SUBCHAPTER P—PORTS AND WATERWAYS SAFETY

EDITORIAL NOTE: This listing is provided for informational purposes only. It is compiled and kept up-to-date by the Coast Guard, Department of Homeland Security, and is revised through July 1, 2009. Section A Agent ...... 160.204 Appendix A to 164.38—Performance Standards for Automatic Radar Plotting Aids (ARPA) Annex 1 to Appendix A—Definitions of Terms to be Used Only in Connection with ARPA Performance Standards Annex 2 to Appendix A—Operational Scenarios Annex 3 to Appendix A—Sensor Errors Appendix B to 164.38—U.S. Maritime Administration Collision Avoidance System Specifications Applicable Cargoes...... 168.30 Vessels...... 168.20 Waters and number of escort vessels (Prince William Sound and Puget Sound) ...... 168.40 Applicability exception for foreign vessels ...... 164.02 Applicability, Navigation Safety Regulations ...... 164.01 Application, Towing of Barges ...... 163.01 Alaskan Coastal areas Gulf to Hinchinbrook Safety Fairway (inbound vessel traffic)...... 166.400(b)(1)(ii) Hinchinbrook to Gulf Safety Fairway (outbound vessel traffic) ...166.400(b)(1)(iii) Prince William Sound Safety Fairway ...... 166.400(b)(1) Unimak Pass Safety Fairway (East/West Safety Fairway) ...... 166.400(b)(2)(i) Atlantic Coastal areas Nantucket to Ambrose Safety Fairway ...... 166.500(b)(1)(ii) Off New York Shipping Safety Fairway; Ambrose to Nantucket Safety Fairway...... 166.500(b)(1)(i) Automatic Identification System Shipborne Equipment...... 164.43 Automatic Radar Plotting Aids (ARPA) ...... 164.38 B Barge...... 160.204 Bunching of tows...... 163.20 C Californian Coastal areas Port Hueneme Safety Fairway ...... 166.300(b)(1) Carried in Bulk ...... 160.204 Certain Dangerous Cargo...... 160.204 Charterer ...... 160.204 Charts and publications ...... 164.33

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Charts, publications, and equipment: General ...... 164.30 Chesapeake Bay approach traffic separation scheme ...... 167.200 Control of Vessel and Facility Operations ...... Part 160, Subpart B Applicability...... 160.103 Compliance with orders ...... 160.105 Denial of entry...... 160.107 Prohibition of vessel operation and cargo transfers ...... 160.113 Purpose ...... 160.101 Special orders applying to vessel operations ...... 160.111 Withholding of clearance ...... 160.115 Crewmember ...... 160.204 D Definitions ...... 160.204, 161.2, 164.70, 166.105, 167.5, 168.05, 169.5 Deviations from rules: and reporting non-operating equipment...... 164.53 Continuing operation or period of time...... 164.55 Emergency ...... 164.51 Devices to indicate speed and distance ...... 164.40 E Eastern approach ...... 167.202 Off Ambrose Light ...... 167.153 Off Nantucket ...... 167.152 Electronic position fixing devices ...... 164.41 Equipment All vessels ...... 164.35 Vessels of 10,000 gross tons or more...... 164.37 Escort requirements for certain tankers ...... Part 168 G Galveston Bay approach traffic separation scheme and precautionary area...... 167.350 General, Ports and Waterways Safety ...... Part 160-Subpart A Appeals ...... 160.7 Definitions ...... 160.3 Delegations ...... 160.5 Purpose ...... 160.1 General, Regulated Navigation Areas and Limited Access Areas ...... Part 165-Subpart A Establishment procedure ...... 165.5 Notification ...... 165.7 Purpose of part ...... 165.1 Geographic coordinates ...... 165.8, 166.103, 167.3, 169.10 Great Lakes ...... 160.204 Gross Tons ...... 160.204 H Hazardous Condition...... 160.204 I Incorporation by reference...... 164.03 Inland waterways navigation regulations...... Part 162

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Atlantic Ocean, all waterways tributary south of Chesapeake Bay and all waterway tributary to the Gulf of Mexico east and South of St. Marks, FL...... 162.65 Black Rock Canal and Lock at Buffalo, New York...... 162.175 Buffalo and Rochester Harbors, New York ...... 162.165 Channel leading to San Juan Harbor, P.R.; use, administration, and navigation...... 162.260 Channel of Christina River, Del; navigation ...... 162.35 Channel of Tuckerton Creek, N.J.; navigation...... 162.30 Columbia and Williamette Rivers, Washington and Oregon; administration and navigation...... 162.225 Columbia River, Wash...... 162.230 Duluth-Superior Harbor, Minnesota and Wisconsin ...... 162.110 Flushing Bay near LaGuardia Airport, Flushing, N.Y. restricted area ...... 162.20 General ...... 162.1 Gulf of Mexico, all waterways tributary (except the Mississippi River, its tributaries, South and Southwest Passes and the Atchafalaya River) from St. Marks, Flas., to the Rio Grande...... 162.75 Hoover Dam, Lake Mead, and Lake Mohave (Colorado River), Ariz.- Nev...... 162.220 Kenai River, Kenai, Alaska; use, administration, and navigation...... 162.245 Keweenaw Waterway, Mich...... 162.115 Inland waterway from Delaware River to Chesapeake Bay, Del. and Md. (Chesapeake and Delaware Canal) ...... 162.40 Lake Huron to Lake Erie, connecting waters Anchorage grounds...... 162.136 Communications rules ...... 162.132 General rules...... 162.130 Miscellaneous rules...... 162.140 Speed rules ...... 162.138 Traffic rules ...... 162.134 Lake Michigan, harbors on ...... 162.120 Lake Tahoe, Calif.; restricted areas along south shore ...... 162.210 Lake Tahoe, Nev.; restricted area adjacent to Nevada Beach ...... 162.215 Manhasett Bay, N.Y.; seaplane restricted area ...... 162.15 Marina del Ray, Calif.; restricted area ...... 162.200 Maumee Bay and River, Ohio...... 162.150 Mississippi River below mouth of Ohio River, including South and Southwest Passes ...... 162.80 Missouri River; administration and navigation...... 162.105 Monroe Harbor, Mich ...... 162.145 Ohio River at Louisville, KY ...... 162.100 Port Alexander, Alaska; speed of vessels ...... 162.250 Puget Sound Area, Wash...... 162.235 Restricted areas in vicinity of Maritime Administration Reserve Fleets...... 162.270 Sandusky and Huron Harbors, Ohio...... 162.155 Santa Monica Bay, Calif.; restricted area...... 162.195 St. Marys River, Sault Ste. Marie, Michigan ...... 162.117 Sturgeon Bay and the Sturgeon Bay Ship Canal, Wisconsin ...... 162.125 Suisun Bay, San Joaquin River Sacramento River, and connecting waters, CA...... 162.205 Tongass Narrows, Alaska; navigation...... 162.240 Vermilion, Lorain, Cleveland, Fairport, Ashtabula, and Coneaut Har- bors, Ohio...... 162.160

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White River, Arkansas Post Canal, Arkansas River, and Verdigris River between Mississippi River, Ark., and Catoosa, Okla.: use, administration, and navigation ...... 162.90 Wrangell Narrows, Alaska; use, administration, and navigation ...... 162.255 Yazoo Diversion Canal, Vicksburg, Miss., from its mouth at Kleinston Landing to Fisher Street; navigation ...... 162.85 M Maintenance, failure, and reporting...... 164.82 Marine casualty reporting and record retention...... 164.61 Modification of areas ...... 166.110 Modification of schemes...... 167.15 N Nationality ...... 160.204 Navigation ...... Part 164 Bridge visibility ...... 164.15 Equipment, Charts or Maps, and Publications of Towing Vessels of 12 Meters or More in Length ...... Table 164.72 Safety equipment, charts or maps, and publications required on towing vessels ...... 164.72 Tests and inspections ...... 164.80 Tests before entering or getting underway ...... 164.25 Underway, general...... 164.11 Underway, tankers ...... 164.13 Underway, towing vessels...... 164.78 Navigation safety regulations...... Part 164 Notifications of Arrivals, Departures, Hazardous Conditions, and Certain Dangerous Cargoes ...... Part 160, Subpart C Applicability and exceptions to applicability ...... 160.202, 160.203 Definitions ...... 160.204 Notice of hazardous conditions...... 160.215 O Off New York Traffic Separation Scheme and Precautionary Areas ...... 167.150, 167.151 Offshore traffic separation schemes...... Part 167 Operator...... 160.204 Operating rules...... 167.10 P Performance and operational requirements...... 168.50 Persons in addition to the crewmembers...... 160.204 Port or place of departure...... 160.204 Port or place of destination...... 160.204 Ports and waterways safety—general ...... Part 160 Precautionary areas ...... 167.151, 167.174, 167.201, 167.350, 167.401, 167.501, 167.1701 Pre-escort conference...... 168.60 Public vessel ...... 160.204 R Rate of turn indicator ...... 164.42 Regulated navigation areas and limited access areas ...... Part 165 Regulated Navigation Areas ...... Part 165, Subpart B General regulations...... 165.13

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Regulated navigation areas...... 165.10 Vessel operating requirements (regulations) ...... 165.11 Responsibilities...... 168.10 Restricted Waterfront Areas...... Part 165, Subpart E Restricted waterfront areas ...... 165.40 S Steering gear: Foreign tankers ...... 164.39 Safety Zones ...... Part 165-Subpart C General regulations...... 165.23 Safety zones ...... 165.20 Security Zones...... Part 165-Subpart D General regulations...... 165.33 Security zones ...... 165.30 Specific Regulated Navigation Areas and Limited Access Areas...Part 165-Subpart F First Coast Guard District—Boston, MA Regulated Navigation Areas Kill Van Kull, New York and New Jersey ...... 165.165 Kittery, Maine ...... 165.101 New Haven Harbor, Quinnipiac River, Mill River ...... 165.150 Providence River, Providence, R.I...... 165.122 Safety Zones Boon Island, ME, sunken vessel Empire Knight...... 165.141 Boston Harbor, Boston, Massachusetts ...... 165.110, 165.111 Coast Guard Activities New York Fireworks Displays ...... 165.168 Hudson River, Triathlon, Ulster Landing ...... 165.170 Northville Industries Offshore Platform, Riverhead, Long Island, New York ...... 165.155 Portland, OR; Large Passenger Vessel Protection, Captain of the Port Zone...... 165.1318 Rhode Island Sound, Narragansett Bay, Providence River ...... 165.121 USS Cassin Young, Boston Massachusetts...... 165.112 Security Zones New London Harbor, Connecticut ...... 165.140 Sandy Hook Bay, N.J...... 165.130 Fifth Coast Guard District Regulated Navigation Areas Chesapeake Bay Entrance and Hampton Roads, VA and adjacent waters...... 165.501 Chesapeake Bay, Maryland ...... 165.500 Delaware Bay and River...... 165.510 Safety Zones Cove Point, Chesapeake Bay, Maryland...... 165.502 Cape Fear and Northeast Cape Fear Rivers, NC...... 165.530 Cape Fear River, Wilmington, North Carolina...... 165.515 Fireworks Displays within the Fifth Coast Guard District ...... 165.506 Security Zone Atlantic Ocean, Chesapeake & Delaware Canal, Delaware Bay, Delaware River and its tributaries...... 165.511 Captain of the Port Hampton Roads Zone ...... 165.503 Newport News Shipbuilding and Dry Dock Company Shipyard James River, Newport News, VA...... 165.504 Three Mile Island Generating Station, Susquehanna River, Dau- phin County, Pennsylvania ...... 165.554 Waters of the Fifth Coast Guard District ...... 165.518 Seventh Coast Guard District Regulated Navigation Areas

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Atlantic Ocean, Charleston, SC...... 165.714 King’s Bay, Georgia ...... 165.730 Savannah River, Savannah, GA ...... 165.756 Sparkman Channel, Tampa, FL ...... 165.752 Tampa Bay, FL ...... 165.753 Safety Zones Charleston Harbor and Cooper River, Charleston, SC ...... 165.708 Cumberland Sound, GA and St. Mary’s River Entrance Channel ...... 165.731 Jacksonville, FL ...... 165.728 Savannah River, Savannah, GA ...... 165.T0704 St. Johns River, Jacksonville, FL...... 165.720 Tampa Bay, FL ...... 165.703, 165.704 Security Zones Charleston Harbor and Cooper River, Charleston, SC ...... 165.708 Cumberland Sound, GA, and St. Mary’s River Entrance Channel ...... 165.731 HOVENSA REfinery, St. Croix, U.S. Virgin Islands ...... 165.766 MacDill Air Force Base, Tampa Bay, FL ...... 165.768 Manbirtee Key, Port of Manatee, FL ...... 165.767 Merritt Island, FL, vicinity Kennedy Space Center...... 165.701 Port Canaveral Harbor, Cape Canaveral, FL...... 165.705 Port of Fredericksted, Saint Croix, U.S. Virgin Islands ...... 165.763 Jacksonville Harbor, FL ...... 165.729 St. John’s River, Jacksonville, FL...... 165.720, 165.722 Tampa Bay, FL ...... 165.760 Eighth Coast Guard District Regulated Navigation Areas Arkansas River, Mile 118.2 to 125.4, Little Rock, AK ...... 165.817 Atachafalaya River, Berwick Bay, LA ...... 165.811 Calcasieu River, LA ...... 165.807 Mississippi River ...... 165.803, 165.810 Ohio River at Cincinnati, OH ...... 165.821 Ohio River at Louisville, KY...... 165.815 Sabine Neches Waterway, TX...... 165.806 Safety Zones Calcasieu Channel and Industrial Canal, Calcasieu River, Lake Charles, LA ...... 165.805 Corpus Christi Ship Channel, Corpus Christi, TX ...... 165.808 Lower Mississippi River, vicinity of Old River Control Structures ...... 165.802 Snake Island, Texas City, TX; mooring and fleeting of vessels ...... 165.804 Security Zones Captain of the Port St. Louis, Missouri ...... 165.825 Port of Mobile, Mobile Ship Channel, Mobile, AL...... 165.835 Ninth Coast Guard District Regulated Navigation Area Great Lakes...... 165.901 Port Huron, MI, USCG Station Port Huron, Lake Huron ...... 165.920 Safety Zones Captain of the Port Buffalo Zone annual fireworks events...... 165.914 Captain of the Port Cleveland Zone annual fireworks events ...... 165.202 Cuyahoga River and Old River, Cleveland, OH...... 165.903 Lake Michigan at Chicago Harbor & Burnham Park Harbor ...... 165.904 Niagra River at Niagra Falls, New York...... 165.902 USX Superfund Site, St. Louis River...... 165.905 Security Zone Lake Michigan at Chicago Harbor & Burnham Park Harbor ...... 165.904

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Eleventh Coast Guard District Regulated Navigation Areas San Diego Bay, CA...... 165.1108 Safety Zones Offshore Marine Terminal, El Segundo, CA...... 165.1156 San Diego Bay, CA...... 165.1107 Security Zones Coronado Bay Bridge, San Diego, CA ...... 165.1110 Cruise Ships, Tankers and High Interest Vessels, San Francisco Bay and Delta Ports, Monterey Bay and Humboldt Bay, Cali- fornia ...... 165.1183 Military Ocean Terminal Concord (MOTCO), Concord, California ...... 165.1199 San Diego Bay, CA...... 165.1102, 165.1103, 165.1104, 165.1105, 165.1106 Thirteenth Coast Guard District Regulated Navigation Areas Puget Sound, and adjacent waters in Northwestern Washington...... 165.1301 Puget Sound and adjacent waters, WA ...... 165.1303 Safety Zones Bellingham Bay, Bellingham, WA ...... 165.1304 Columbia River, Vancouver, WA ...... 165.1308 Commencement Bay, Tacoma, WA ...... 165.1305 Elliot Bay, Seattle, WA ...... 165.1307 Lake Union, Seattle, WA ...... 165.1306 Security Zone Bangor Naval Submarine Base, Bangor, WA ...... 165.1302 Portland Rose Festival on Willamette River...... 165.1312 Protection of Military Cargo, Captain of the Port Zone Puget Sound, WA ...... 165.1321 Fourteenth Coast Guard District Regulated Navigation Area Apra Outer Harbor, Guam ...... 165.1402 Safety Zones Apra Harbor, Guam...... 165.1401 Pacific Missle Range Facility (PMRF), Barking Sands, Island of Kauai, Hawaii ...... 165.1406 Security Zones Apra Harbor, Guam...... 165.1404 Tinian, Commonwealth Northern Marianas Islands...... 165.1403 Seventeenth Coast Guard District Regulated Navigation Area Prince William Sound, AK...... 165.1704 Safety Zones Ammunition Island, Port Valdez, AK...... 165.1703 Gastineau Channel, Juneau, AK...... 165.1702, 165.1706 Port Valdez, Valdez, AK ...... 165.1701 Tongass Narrows, Ketchikan, AK ...... 165.1708 Shipping Safety Fairways and Anchorages...... Part 166 Shipping safety fairways and anchorage areas, Gulf of Mexico Aransas Pass Anchorage Areas...... 166.200(d)(5) Aransas Pass Safety Fairway ...... 166.200(d)(4) Atchafalaya Pass Safety Fairway...... 166.200(d)(20) Barataria Pass Safety Fairway ...... 166.200(d)(24) Bayou Grand Caillou Safety Fairway ...... 166.200(d)(21) Belle Pass Safety Fairway ...... 166.200(d)(23) Biloxi Safety Fairway ...... 166.200(d)(35) Brazos Santiago Pass Anchorage Areas...... 166.200(d)(2) Brazos Santiago Pass Safety Fairway ...... 166.200(d)(1)

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Calcasieu Pass Anchorage Areas; (Calcasieu Pass North Anchorage Area)...... 166.200(d)(16)(i) Calcasieu Pass Anchorage Areas; (Calcasieu Pass South Anchorage Area)...... 166.200(d)(16)(ii) Calcasieu Pass Safety Fairway ...... 166.200(d)(15) Cat Island Pass Safety Fairway ...... 166.200(d)(22) Charlotte Anchorage ...... 166.200(d)(51) Charlotte Safety Fairways...... 166.200(d)(50) Coastwise Safety Fairways; (Aransas Pass to Calcasieu Pass)...... 166.200(d)(14)(ii) Coastwise Safety Fairways; (Brazos Santiago Pass to Aransas Pass ...... 166.200(d)(14)(i) Empire to the Gulf Safety Fairway...... 166.200(d)(26) Freeport Harbor Anchorage Areas...... 166.200(d)(9) Freeport Harbor Safety Fairway ...... 166.200(d)(8) Freshwater Bayou Safety Fairway ...... 166.200(d)(18) Galveston Entrance Anchorage Areas...... 166.200(d)(11) Galveston Entrance Safety Fairway ...... 166.200(d)(10) Gulf Safety Fairway, Aransas Pass Safety Fairway to Southwest Pass Safety Fairway...... 166.200(d)(27) Grand Bayou Pass Safety Fairway...... 166.200(d)(25) Gulfport Safety Fairway ...... 166.200(d)(34) Heald Bank Cutoff Safety Fairway ...... 166.200(d)(53) Horn Island Pass to Mobile Ship Channel Safety Fairway...... 166.200(d)(38) Louisiana Offshore Oil Port (LOOP) Shipping Safety Fairway to Safety Zone ...... 166.200(d)(52) Lower Mud Lake Safety Fairway...... 166.200(d)(17) Matagorda Entrance Anchorage Areas ...... 166.200(d)(7) Matagorda Entrance Safety Fairway ...... 166.200(d)(6) Mississippi River-Gulf Outlet Anchorage...... 166.200(d)(33) Mississippi River-Gulf Outlet Channel to Mobile Ship Channel Safety Fairway ...... 166.200(d)(32)(ii) Mississippi River-Gulf Outlet Safety Fairway ...... 166.200(d)(32)(i) Mobile Anchorage ...... 166.200(d)(40) Mobile Safety Fairway (Mobile Ship Channel Safety Fairway) .....166.200(d)(39)(i) Mobile Ship Channel to Sea Safety Fairway...... 166.200(d)(39)(ii) Mobile to Pensacola Safety Fairway ...... 166.200(d)(39)(iii) Panama City Anchorage ...... 166.200(d)(45) Panama City Safety Fairways ...... 166.200(d)(44) Pascagoula Safety Fairway...... 166.200(d)(37) Pensacola Anchorage...... 166.200(d)(42)(i) Pensacola Safety Fairway...... 166.200(d)(41) Pensacola to Panama City Safety Fairway ...... 166.200(d)(43) Port Mansfield Safety Fairway ...... 166.200(d)(3) Port St. Joe Anchorage...... 166.200(d)(47) Port St. Joe Fairway to Panama City Fairway ...... 166.200(d)(46) Sabine Bank Offshore (North) Anchorage Area...... 166.200(d)(13)(ii) Sabine Bank Offshore (South) Anchorage Area ...... 166.200(d)(13)(iii) Sabine Pass Anchorage Areas; (Sabine Pass Inshore Anchorage Area)...... 166.200(d)(13)(i) Sabine Pass Safety Fairway...... 166.200(d)(12) Ship Island Pass to Horn Island Pass Safety Fairway ...... 166.200(d)(36) South of Gulf Safety Fairway ...... 166.200(d)(52)(ii) South Pass (Mississippi River) Anchorage ...... 166.200(d)(31) South Pass (Mississippi River) Safety Fairway; South Pass to Sea Safety Fairway ...... 166.200(d)(30)(i) South Pass (Mississippi River) to Mississippi River-Gulf Outlet Chan- nel Safety Fairway ...... 166.200(d)(30)(ii) Southwest Pass (Mississippi River) Anchorage...... 166.200(d)(29)

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Southwest Pass Safety Fairway...... 166.200(d)(19) Southwest Pass (Mississippi River) Safety Fairway; Southwest Pass (Mississippi River) to Gulf Safety Fairway ...... 166.200(d)(28)(i) Southwest Pass (Mississippi River) to Sea Safety Fairway ...... 166.200(d)(28)(ii) Southwest Pass (Mississippi River) to South Pass (Mississippi River) Safety Fairway...... 166.200(d)(28)(iii) Tampa Anchorages (Eastern Tampa Fairway Anchorage) ...... 166.200(d)(49)(i) Tampa Safety Fairways ...... 166.200(d)(48) Western Tampa Fairway Anchorage ...... 166.200(d)(49)(ii) South-eastern approach...... 167.154 Southern approach...... 167.155, 167.203 T Time Charterer ...... 160.204 Towing of barges ...... Part 163 Tows of seagoing barges within inland waters ...... 163.05 V Vessel Movement Reporting System (VMRS) ...... Part 161, Subpart B Applicability ...... 161.16 Definitions ...... 161.17 Final Report (FR)...... 161.22 IMO Standard Ship Reporting System...... 161.18(a) Position Report (PR)...... 161.20 Purpose and intent ...... 161.15 Reporting requirements ...... 161.18 Sailing Plan (SP)...... 161.19 Vessel traffic management ...... Part 161 Vessel Traffic Services...... Part 161, Subpart A General Rules Applicability ...... 161.3 Definitions ...... 161.2 Deviations from the rules ...... 161.5 Purpose and Intent...... 161.1 Requirement to carry the rules...... 161.4 Services, VTS Measures, and Operating Requirements Services ...... Part 161, Subpart A Vessel operating requirements ...... 161.12 VTS measures...... 161.11 VTS Special Area operating requirements ...... 161.13 Vessel Traffic Service Areas, Cooperative Vessel Traffic Service Area, Vessel Traffic Service Special Areas, and Reporting Points...... Part 161, Subpart C Vessel Traffic Service Berwick Bay ...... 161.40 Berwick Bay Reporting Points ...... 161.40(c) Houston/Galveston...... 161.35 Houston/Galveston Precautionary Areas ...... 161.35(b) Houston/Galveston Reporting Points ...... 161.35(c) Louisville...... 161.30 New York Area ...... 161.25 San Francisco ...... 161.50 St. Marys River ...... 161.45 St. Marys River Reporting Points...... 161.45(b) Prince William Sound...... 161.60 Prince William Sound Reporting Points ...... 161.60(d)

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Puget Sound and the Cooperative Vessel Traffic Service for the Juan de Fuca Region ...... 161.55 Voyage Charterer...... 160.204

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