SUBCHAPTER P—PORTS AND WATERWAYS SAFETY PART 160—PORTS AND Subpart A—General WATERWAYS SAFETY—GENERAL § 160.1 Purpose. Subpart A—General (a) This subchapter contains regula- tions implementing the Ports and Wa- Sec. terways Safety Act (33 U.S.C. 1221) and 160.1 Purpose. related statutes. 160.3 Definitions. 160.5 Delegations. § 160.3 Definitions. 160.7 Appeals. For the purposes of this subchapter: Subpart B—Control of Vessel and Facility Bulk means material in any quantity Operations that is shipped, stored, or handled without the benefit of package, label, 160.101 Purpose. mark or count and carried in integral 160.103 Applicability. or fixed independent tanks. 160.105 Compliance with orders. Captain of the Port means the Coast 160.107 Denial of entry. Guard officer designated by the Com- 160.109 Waterfront facility safety. mandant to command a Captain of the 160.111 Special orders applying to vessel op- erations. Port Zone as described in part 3 of this 160.113 Prohibition of vessel operation and chapter. cargo transfers. Commandant means the Commandant 160.115 Withholding of clearance. of the United States Coast Guard. Deviation means any departure from Subpart C—Notifications of Arrival, Haz- any rule in this subchapter. ardous Conditions, and Certain Dan- Director, Vessel Traffic Services means gerous Cargoes the Coast Guard officer designated by the Commandant to command a Vessel 160.201 General. Traffic Service (VTS) as described in 160.202 Definitions. part 161 of this chapter. 160.203 Applicability. 160.204 Exemptions and exceptions . District Commander means the Coast 160.205 Notices of arrival. Guard officer designated by the Com- 160.206 Information required in an NOA. mandant to command a Coast Guard 160.208 Updates to a submitted NOA. District as described in part 3 of this 160.210 Methods for submitting an NOA. chapter. 160.212 When to submit an NOA. ETA means estimated time of arrival. 160.214 Waivers. Length of Tow means, when towing 160.215 Force majeure. with a hawser, the length in feet from 160.216 Notice of hazardous conditions. the stern of the towing vessel to the stern of the last vessel in tow. When Subpart D—Crewmember Identification pushing ahead or towing alongside, 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. 160.315 Crewmember identification require- Person means an individual, firm, ment. corporation, association, partnership, 160.320 Sanctions and vessel control. or governmental entity. 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 and 46 U.S.C. 3715. Samoa, the United States Virgin Is- 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 601 VerDate Sep<11>2014 09:24 Sep 27, 2017 Jkt 241138 PO 00000 Frm 00611 Fmt 8010 Sfmt 8010 Y:\SGML\241138.XXX 241138 nlaroche on DSK30NT082PROD with CFR § 160.5 33 CFR Ch. I (7–1–17 Edition) other commonwealth, territory, or pos- (c) Under the provisions of § 1.05–1 of session of the United States. this chapter, District Commanders Tanker means a self-propelled tank have been delegated authority to estab- vessel constructed or adapted pri- lish regulated navigation areas. marily to carry oil or hazardous mate- (d) Subject to the supervision of the rials in bulk in the cargo spaces. cognizant Captain of the Port and Dis- Tank Vessel means a vessel that is trict Commander, Directors, Vessel constructed or adapted to carry, or Traffic Services are delegated author- that carries, oil or hazardous material ity under 33 CFR 1.01–30 to discharge in bulk as cargo or cargo residue. Vehicle means every type of convey- the duties of the Captain of the Port ance capable of being used as a means that involve directing the operation, of transportation on land. movement, and anchorage of vessels Vessel means every description of within a Vessel Traffic Service area in- watercraft or other artificial contriv- cluding management of vessel traffic ance used, or capable of being used, as within anchorages, regulated naviga- a means of transportation on water. tion areas and safety zones, and to en- Vessel Traffic Services (VTS) means a force Vessel Traffic Service and ports service implemented under part 161 of and waterways safety regulations. This this chapter by the United States authority may be exercised by Vessel Coast Guard designed to improve the Traffic Center personnel. The Vessel safety and efficiency of vessel traffic Traffic Center may, within the Vessel and to protect the environment. The Traffic Service area, provide informa- VTS has the capability to interact tion, make recommendations, or, to a with marine traffic and respond to traf- vessel required under part 161 of this fic situations developing in the VTS chapter to participate in a Vessel Traf- area. fic Service, issue an order, including an Vessel Traffic Service Area or VTS Area means the geographical area encom- order to operate or anchor as directed; passing a specific VTS area of service require the vessel to comply with or- as described in part 161 of this chapter. ders issued; specify times of entry, This area of service may be subdivided movement or departure; restrict oper- into sectors for the purpose of allo- ations as necessary for safe operation cating responsibility to individual Ves- under the circumstances; or take other sel Traffic Centers or to identify dif- action necessary for control of the ves- ferent operating requirements. sel and the safety of the port or of the marine environment. NOTE: Although regulatory jurisdiction is limited to the navigable waters of the United [CGD 79–026, 48 FR 35404, Aug. 4, 1983, as States, certain vessels will be encouraged or amended by CGD 88–037, 53 FR 21815, June 10, may be required, as a condition of port 1988; CGD 90–020, 59 FR 36324, July 15, 1994; entry, to report beyond this area to facili- USCG–2010–0351, 75 FR 36287, June 25, 2010] tate traffic management within the VTS area. § 160.7 Appeals. VTS Special Area means a waterway (a) Any person directly affected by a within a VTS area in which special op- safety zone or an order or direction erating requirements apply. issued under this subchapter may re- [CGD 90–020, 59 FR 36323, July 15, 1994, as quest reconsideration by the official amended at USCG–2010–0351, 75 FR 36286, who issued it or in whose name it was June 25, 2010] issued. This request may be made oral- § 160.5 Delegations. ly or in writing, and the decision of the official receiving the request may be (a) District Commanders and Cap- rendered orally or in writing. tains of the Ports are delegated the au- thority to establish safety zones. (b) Any person directly affected by (b) Under the provisions of §§ 6.04–1 the establishment of a safety zone or and 6.04–6 of this chapter, District by an order or direction issued by, or Commanders and Captains of the Ports on behalf of, a Captain of the Port may have been delegated authority to estab- appeal to the District Commander lish security zones. through the Captain of the Port. The 602 VerDate Sep<11>2014 09:24 Sep 27, 2017 Jkt 241138 PO 00000 Frm 00612 Fmt 8010 Sfmt 8010 Y:\SGML\241138.XXX 241138 nlaroche on DSK30NT082PROD with CFR Coast Guard, DHS § 160.101 appeal must be in writing, except as al- nue SE., Washington, DC 20593–7501. lowed under paragraph (e) of this sec- The appeal must be in writing, except tion, and shall contain complete sup- as allowed under paragraph (e) of this porting documentation and evidence section. The Area Commander forwards which the appellant wishes to have the appeal, all the documents and evi- considered. Upon receipt of the appeal, dence which formed the record upon the District Commander may direct a which the order or direction was issued representative to gather and submit or the ruling under paragraph (c) of documentation or other evidence which this section was made, and any com- would be necessary or helpful to a reso- ments which might be relevant, to the lution of the appeal. A copy of this doc- Assistant Commandant for Prevention. umentation and evidence is made A copy of this documentation and evi- available to the appellant. The appel- dence is made available to the appel- lant is afforded five working days from lant. The appellant is afforded 5 work- the date of receipt to submit rebuttal ing days from the date of receipt to materials. Following submission of all submit rebuttal materials to the As- materials, the District Commander sistant Commandant for Prevention. issues a ruling, in writing, on the ap- The decision of the Assistant Com- peal. Prior to issuing the ruling, the mandant for Prevention is based upon District Commander may, as a matter the materials submitted, without oral of discretion, allow oral presentation argument or presentation. The decision on the issues. of the Assistant Commandant for Pre- (c) Any person directly affected by vention is issued in writing and con- the establishment of a safety zone or stitutes final agency action. by an order or direction issued by, or (e) If the delay in presenting a writ- on behalf of, a District Commander, or ten appeal would have significant ad- who receives an unfavorable ruling on verse impact on the appellant, the ap- an appeal taken under paragraph (b) of peal under paragraphs (b) and (c) of this section may appeal to the Area this section may initially be presented Commander through the District Com- orally.