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613 Part 161—Vessel Traffic Management

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613 Part 161—Vessel Traffic Management Coast Guard, DHS Pt. 161 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 require- ments 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. compliance with INA requirements Crewmember means all persons carried does not relieve vessel crewmembers onboard a vessel to provide: navigation and operators of the requirements in services; maintenance of the vessel, its this section. machinery, or systems; arrangements essential for propulsion or safe naviga- § 160.320 Sanctions and vessel control. tion; or services for other persons on- Failure to comply with this subpart board. will subject the crewmember and oper- Foreign vessel means a vessel of for- ator to a civil penalty under 46 U.S.C. eign registry or operated under the au- 70119 and the vessel to control under 33 thority of a country except the United U.S.C. 1223(b). States. Navigable waters of the United States PART 161—VESSEL TRAFFIC means the same as this term is defined in 33 CFR 2.36(a). This includes a 12- MANAGEMENT nautical-mile wide U.S. territorial sea as measured from the baseline, U.S. in- Subpart A—Vessel Traffic Services ternal waters subject to tidal influ- GENERAL RULES ence, and certain U.S. internal waters Sec. not subject to tidal influence. 161.1 Purpose and Intent. Operator means any person including, 161.2 Definitions. but not limited to, an owner, a 161.3 Applicability. charterer, or another contractor who 161.4 Requirement to carry the rules. conducts, or is responsible for, the op- 161.5 Deviations from the rules. eration of a vessel. 161.6 Preemption. Passport means any travel document SERVICES, VTS MEASURES, AND OPERATING issued by competent authority showing REQUIREMENTS the bearer’s origin, identity, and na- tionality if any, which is valid for the 161.10 Services. admission of the bearer into a foreign 161.11 VTS measures. 161.12 Vessel operating requirements. country. 161.13 VTS Special Area operating require- Port or place of departure means any ments. port or place in which a vessel is an- chored or moored. Subpart B—Vessel Movement Reporting Port or place of destination means any System port or place in which a vessel is bound to anchor or moor. 161.15 Purpose and intent. 161.16 Applicability. § 160.315 Crewmember identification 161.17 Definitions. requirement. 161.18 Reporting requirements. 161.19 Sailing Plan (SP). (a) A crewmember subject to this 161.20 Position Report (PR). subpart must carry and present on de- 161.21 Automated reporting. mand an acceptable identification. An 161.22 Final Report (FR). operator subject to this subpart must 161.23 Reporting exemptions. ensure that every crewmember on the vessel has an acceptable identification Subpart C—Vessel Traffic Service and Ves- in his or her possession when the vessel sel Movement Reporting System Areas is in the navigable waters of the United and Reporting Points States. For purposes of this section, a 161.25 Vessel Traffic Service New York crewmember may secure his or her ac- Area. ceptable identification with the ves- 161.30 Vessel Traffic Service Louisville. 613 VerDate Sep<11>2014 08:45 Sep 23, 2016 Jkt 238138 PO 00000 Frm 00623 Fmt 8010 Sfmt 8010 Y:\SGML\238138.XXX 238138 ehiers on DSK5VPTVN1PROD with CFR § 161.1 33 CFR Ch. I (7–1–16 Edition) 161.35 Vessel Traffic Service Houston/Gal- cumstances. Compliance with these veston. rules or with a direction of the VTS is 161.40 Vessel Traffic Service Berwick Bay. at all times contingent upon the ex- 161.45 Vessel Traffic Service St. Marys River. igencies of safe navigation. 161.50 Vessel Traffic Service San Francisco. (d) Nothing in this part is intended to 161.55 Vessel Traffic Service Puget Sound relieve any vessel, owner, operator, and the Cooperative Vessel Traffic Serv- charterer, master, or person directing ice for the Juan de Fuca Region. the movement of a vessel from the con- 161.60 Vessel Traffic Service Prince William sequences of any neglect to comply Sound. with this part or any other applicable 161.65 Vessel Traffic Service Lower Mis- sissippi River. law or regulation (e.g., the Inter- 161.70 Vessel Traffic Service Port Arthur. national Regulations for Prevention of Collisions at Sea, 1972 (72 COLREGS) or AUTHORITY: 33 U.S.C. 1223, 1231; 46 U.S.C. the Inland Navigation Rules) or of the 70114, 70119; Pub. L. 107–295, 116 Stat. 2064; De- partment of Homeland Security Delegation neglect of any precaution which may No. 0170.1. be required by the ordinary practice of seamen, or by the special cir- SOURCE: CGD 90–020, 59 FR 36324, July 15, 1994, unless otherwise noted. cumstances of the case. § 161.2 Definitions. Subpart A—Vessel Traffic Services 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 (c) The owner, operator, charterer, cargo or tow arrangement, trim, loaded master, or person directing the move- condition, underkeel or overhead clear- ment of a vessel remains at all times ance, speed capabilities, power avail- responsible for the manner in which ability, or similar characteristics, the vessel is operated and maneuvered, which may affect the positive control and is responsible for the safe naviga- or safe handling of the vessel or the tion of the vessel under all cir- tow. 614 VerDate Sep<11>2014 08:45 Sep 23, 2016 Jkt 238138 PO 00000 Frm 00624 Fmt 8010 Sfmt 8010 Y:\SGML\238138.XXX 238138 ehiers on DSK5VPTVN1PROD with CFR Coast Guard, DHS § 161.4 Navigable waters means all navigable passing a specific VTS area of service. waters of the United States including This area of service may be subdivided the territorial sea of the United States, into sectors for the purpose of allo- extending to 12 nautical miles from cating responsibility to individual Ves- United States baselines, as described in sel Traffic Centers or to identify dif- Presidential Proclamation No. 5928 of ferent operating requirements. December 27, 1988. NOTE: Although regulatory jurisdiction is Precautionary Area means a routing limited to the navigable waters of the United measure comprising an area within de- States, certain vessels will be encouraged or fined limits where vessels must navi- 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 owner, the shore-based facility that operates operator, charterer, Master, or person the vessel tracking system for a Vessel directing the movement of a vessel Movement Reporting System (VMRS) within a VTS area that is: area or sector within such an area. The (1) Subject to the Vessel Bridge-to- VMC does not necessarily have the ca- Bridge Radiotelephone Act; pability or qualified personnel to inter- (2) Required to participate in a act with marine traffic, nor does it nec- VMRS; or essarily respond to traffic situations (3) Equipped with a required Coast developing in the area, as does a Vessel Guard type-approved Automatic Identi- Traffic Service (VTS).
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