SUBCHAPTER PÐPORTS AND WATERWAYS SAFETY PART 160ÐPORTS AND APPENDIX A TO SUBPART D OF PART 160Ð UNITED STATES COAST GUARD VESSEL WATERWAYS SAFETYÐGENERAL QUESTIONNAIRE APPENDIX B TO SUBPART D OF PART 160Ð Subpart AÐGeneral UNITED STATES COAST GUARD MARINE FA- CILITY QUESTIONNAIRE Sec. 160.1 Purpose. AUTHORITY: 33 U.S.C. 1223, 1231; 49 CFR 1.46. 160.3 Definitions. Subpart D is also issued under the authority 160.5 Delegations. of 33 U.S.C. 1225 and 46 U.S.C. 3715. 160.7 Appeals. SOURCE: CGD 79±026, 48 FR 35404, Aug. 4, 1983, unless otherwise noted. Subpart BÐControl of Vessel and Facility Operations Subpart AÐGeneral 160.101 Purpose. 160.103 Applicability. § 160.1 Purpose. 160.105 Compliance with orders. 160.107 Denial of entry. (a) This subchapter contains regula- 160.109 Waterfront facility safety. tions implementing the Ports and Wa- 160.111 Special orders applying to vessel op- terways Safety Act (33 U.S.C. 1221) and erations. related statutes. 160.113 Prohibition of vessel operation and cargo transfers. § 160.3 Definitions. 160.115 Withholding of clearance. For the purposes of this subchapter: Subpart CÐNotifications of Arrivals, Depar- Bulk means material in any quantity tures, Hazardous Conditions, and Cer- that is shipped, stored, or handled tain Dangerous Cargoes without the benefit of package, label, mark or count and carried in integral 160.201 Applicability and exceptions to ap- or fixed independent tanks. plicability. Captain of the Port means the Coast 160.203 Definitions. Guard officer designated by the Com- 160.205 Waivers. 160.207 Notice of arrival: Vessels bound for mandant to command a Captain of the ports or places in the United States. Port Zone as described in part 3 of this 160.209 [Reserved] chapter. 160.211 Notice of arrival: Vessels carrying Commandant means the Commandant certain dangerous cargo. of the United States Coast Guard. 160.213 Notice of departure: Vessels carrying Commanding Officer, Vessel Traffic certain dangerous cargo. Services means the Coast Guard officer 160.215 Notice of hazardous conditions. designated by the Commandant to Subpart DÐYear 2000 (Y2K) Preparedness command a Vessel Traffic Service Reporting for Certain Vessels and Ma- (VTS) as described in part 161 of this rine Facilities chapter. Deviation means any departure from 160.301 What is the purpose of this subpart? any rule in this subchapter. 160.303 When is this subpart effective? District Commander means the Coast 160.305 To which vessels and facilities does Guard officer designated by the Com- this subpart apply? 160.307 Which vessels and facilities are ex- mandant to command a Coast Guard empt from this subpart? District as described in part 3 of this 160.309 What definitions apply to this sub- chapter. part? ETA means estimated time of arrival. 160.311 What are the Year 2000 (Y2K) peak Length of Tow means, when towing risk periods? with a hawser, the length in feet from 160.313 What are the Year 2000 (Y2K) report- the stern of the towing vessel to the ing requirements for vessels owned in the stern of the last vessel in tow. When United States? 160.315 What are the Year 2000 (Y2K) report- pushing ahead or towing alongside, ing requirements for foreign flag vessels? length of tow means the tandem length 160.317 What are the Year 2000 (Y2K) report- in feet of the vessels in tow excluding ing requirements for marine facilities? the length of the towing vessel. 537 VerDate 18<JUN>99 15:08 Aug 24, 1999 Jkt 183124 PO 00000 Frm 00537 Fmt 8010 Sfmt 8010 Y:\SGML\183124T.XXX pfrm02 PsN: 183124T § 160.5 33 CFR Ch. I (7±1±99 Edition) Person means an individual, firm, § 160.5 Delegations. corporation, association, partnership, (a) District Commanders and Cap- or governmental entity. tains of the Ports are delegated the au- State means each of the several thority to establish safety zones. States of the United States, the Dis- (b) Under the provisions of §§ 6.04±1 trict of Columbia, the Commonwealth and 6.04±6 of this chapter, District of Puerto Rico, Guam, American Commanders and Captains of the Ports Samoa, the United States Virgin Is- have been delegated authority to estab- lands, the Trust Territories of the Pa- lish security zones. cific Islands, the Commonwealth of the (c) Under the provisions of § 1.05±1 of Northern Marianas Islands, and any this chapter, District Commanders other commonwealth, territory, or pos- have been delegated authority to estab- session of the United States. lish regulated navigation areas. Tanker means a self-propelled tank (d) Subject to the supervision of the vessel constructed or adapted pri- cognizant Captain of the Port and Dis- marily to carry oil or hazardous mate- trict Commander, Commanding Offi- rials in bulk in the cargo spaces. cers, Vessel Traffic Services are dele- 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 who issued it or in whose name it was VTS Special Area means a waterway issued. This request may be made oral- within a VTS area in which special op- ly or in writing, and the decision of the erating requirements apply. official receiving the request may be [CGD 90±020, 59 FR 36323, July 15, 1994] rendered orally or in writing. 538 VerDate 18<JUN>99 15:08 Aug 24, 1999 Jkt 183124 PO 00000 Frm 00538 Fmt 8010 Sfmt 8010 Y:\SGML\183124T.XXX pfrm02 PsN: 183124T Coast Guard, DOT § 160.103 (b) Any person directly affected by Protection is based upon the materials the establishment of a safety zone or submitted, without oral argument or by an order or direction issued by, or presentation. The decision of the As- on behalf of, a Captain of the Port may sistant Commandant for Marine Safety appeal to the District Commander and Environmental Protection is through the Captain of the Port. The issued in writing and constitutes final appeal must be in writing, except as al- agency action. lowed under paragraph (d) of this sec- (d) If the delay in presenting a writ- tion, and shall contain complete sup- ten appeal would have significant ad- porting documentation and evidence verse impact on the appellant, the ap- which the appellant wishes to have peal under paragraphs (b) and (c) of considered. Upon receipt of the appeal, this section may initially be presented the District Commander may direct a orally. If an initial presentation of the representative to gather and submit appeal is made orally, the appellant documentation or other evidence which must submit the appeal in writing would be necessary or helpful to a reso- within five days of the oral presen- lution of the appeal. A copy of this doc- tation to the Coast Guard official to umentation and evidence is made whom the presentation was made. The available to the appellant. The appel- written appeal must contain, at a min- lant is afforded five working days from imum, the basis for the appeal and a the date of receipt to submit rebuttal summary of the material presented materials.