Subchapter P—Ports and Waterways Safety

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 regulations 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 operations. 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

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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 authority 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

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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 appellant 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. If an initial presentation of the mander. The appeal must be in writing, appeal is made orally, the appellant except as allowed under paragraph (e) must submit the appeal in writing of this section, and shall contain com- within five days of the oral presen- plete supporting documentation and tation to the Coast Guard official to evidence which the appellant wishes to whom the presentation was made. The have considered. Upon receipt of the written appeal must contain, at a min- appeal, the Area Commander may di- imum, the basis for the appeal and a rect a representative to gather and summary of the material presented submit documentation or other evi- orally. If requested, the official to dence which would be necessary or whom the appeal is directed may stay helpful to a resolution of the appeal. A the effect of the action while the ruling copy of this documentation and evi- is being appealed. dence is made available to the appel- [CGD 79–026, 48 FR 35404, Aug. 4, 1983, as lant. The appellant is afforded five amended by CGD 88–052, 53 FR 25122, July 1, working days from the date of receipt 1988; CGD 96–026, 61 FR 33668, June 28, 1996; to submit rebuttal materials. Fol- CGD 97–023, 62 FR 33364, June 19, 1997; USCG– lowing submission of all materials, the 2002–12471, 67 FR 41333, June 18, 2002; USCG– Area Commander issues a ruling, in 2006–25150, 71 FR 39211, July 12, 2006; 72 FR writing, on the appeal. Prior to issuing 17409, Apr. 9, 2007; USCG–2010–0351, 75 FR the ruling, the Area Commander may, 36287, June 25, 2010; USCG–2011–0257, 76 FR as a matter of discretion, allow oral 31838, June 2, 2011; USCG–2014–0410, 79 FR 38439, July 7, 2014] presentation on the issues. (d) Any person who receives an unfavorable ruling on an appeal taken Subpart B—Control of Vessel and under paragraph (c) of this section, Facility Operations may appeal to the Commandant (CG– 5P), Attn: Assistant Commandant for § 160.101 Purpose. Prevention, U.S. Coast Guard Stop This subpart describes the authority 7501, 2703 Martin Luther King Jr. Ave- exercised by District Commanders and

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Captains of the Ports to insure the § 160.109 Waterfront facility safety. safety of vessels and waterfront facili- (a) To prevent damage to, or the de- ties, and the protection of the navi- struction of, any bridge or other struc- gable waters and the resources therein. ture on or in the navigable waters of The controls described in this subpart the United States, or any land struc- are directed to specific situations and ture or shore area immediately adja- hazards. cent to such waters, and to protect the § 160.103 Applicability. navigable waters and the resources therein from harm resulting from ves- (a) This subpart applies to any— sel or structure damage, destruction, (1) Vessel on the navigable waters of or loss, each District Commander or the United States, except as provided Captain of the Port may: in paragraphs (b) and (c) of this sec- (1) Direct the handling, loading, un- tion; loading, storage, and movement (in- (2) Bridge or other structure on or in cluding the emergency removal, con- the navigable waters of the United trol and disposition) of explosives or States; and other dangerous articles and sub- (3) Land structure or shore area im- stances, including oil or hazardous ma- mediately adjacent to the navigable terial as those terms are defined in 46 waters of the United States. U.S.C. 2101 on any structure on or in (b) This subpart does not apply to the navigable waters of the United any vessel on the Saint Lawrence Sea- States, or any land structure or shore way. area immediately adjacent to those (c) Except pursuant to international waters; and treaty, convention, or agreement, to (2) Conduct examinations to assure which the United States is a party, this compliance with the safety equipment subpart does not apply to any foreign requirements for structures. vessel that is not destined for, or departing from, a port or place subject to [CGD 79–026, 48 FR 35404, Aug. 4, 1983, as the jurisdiction of the United States amended by USCG–1998–3799, 63 FR 35531, June 30, 1998] and that is in: (1) Innocent passage through the ter- § 160.111 Special orders applying to ritorial sea of the United States; vessel operations. (2) Transit through the navigable Each District Commander or Captain waters of the United States which form of the Port may order a vessel to oper- a part of an international strait. ate or anchor in the manner directed § 160.105 Compliance with orders. when: (a) The District Commander or Cap- Each person who has notice of the tain of the Port has reasonable cause terms of an order issued under this sub- to believe that the vessel is not in com- part must comply with that order. pliance with any regulation, law or treaty; § 160.107 Denial of entry. (b) The District Commander or Cap- Each District Commander or Captain tain of the Port determines that the of the Port, subject to recognized prin- vessel does not satisfy the conditions ciples of international law, may deny for vessel operation and cargo transfers entry into the navigable waters of the specified in § 160.113; or United States or to any port or place (c) The District Commander or Cap- under the jurisdiction of the United tain of the Port has determined that States, and within the district or zone such order is justified in the interest of of that District Commander or Captain safety by reason of weather, visibility, of the Port, to any vessel not in com- sea conditions, temporary port conges- pliance with the provisions of the Port tion, other temporary hazardous cir- and Tanker Safety Act (33 U.S.C. 1221– cumstances, or the condition of the 1232) or the regulations issued there- vessel. under.

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§ 160.113 Prohibition of vessel oper- United States under the provisions of ation and cargo transfers. paragraph (a) or (b)(1), (2) or (3) of this (a) Each District Commander or Cap- section, may be allowed provisional tain of the Port may prohibit any ves- entry if the owner or operator proves, sel, subject to the provisions of chapter to the satisfaction of the District Com- 37 of Title 46, U.S. Code, from operating mander or Captain of the Port that has in the navigable waters of the United jurisdiction, that the vessel is no States, or from transferring cargo or longer unsafe or a threat to the envi- residue in any port or place under the ronment, and that the condition which jurisdiction of the United States, and gave rise to the prohibition no longer within the district or zone of that Dis- exists. trict Commander or Captain of the [CGD 79–026, 48 FR 35404, Aug. 4, 1983, as Port, if the District Commander or the amended by CGD 96–026, 61 FR 33668, June 28, Captain of the Port determines that 1996; USCG–1998–3799, 63 FR 35531, June 30, the vessel’s history of accidents, pollu- 1998; USCG–2006–24371, 74 FR 11212, Mar. 16, tion incidents, or serious repair prob- 2009] lems creates reason to believe that the 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 proof 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 voke the clearance required by 46 the vessel: 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 Cargoes nicating in the English language. (c) When a vessel has been prohibited from operating in the navigable waters SOURCE: USCG–2002–11865, 68 FR 9543, Feb. 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 a notice into any port or place under the juris- of arrival (NOA), and a 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 updates 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 updates 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 condition. (d) A vessel which has been prohibited from operating in the navigable NOTE TO § 160.201. For notice-of-arrival re- waters of the United States, or from quirements for the U.S. Outer Continental transferring cargo or residue in a port Shelf, see 33 CFR part 146. or place under the jurisdiction of the [80 FR 5330, Jan. 30, 2015]

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§ 160.202 Definitions. bulk packaging, or that is in a quan- Terms in this subpart that are not tity in excess of 20 metric tons per ves- defined in this section or in § 160.3 have sel when not in a bulk packaging. the same meaning as those terms in 46 (6) Class 7, ‘‘highway route controlled U.S.C. 2101. As used in this subpart— quantity’’ radioactive material or Agent means any person, partnership, ‘‘fissile material, controlled ship- firm, company or corporation engaged ment,’’ as defined in 49 CFR 173.403. by the owner or charterer of a vessel to (7) All bulk liquefied gas cargo car- act in their behalf in matters con- ried under 46 CFR 151.50–31 or listed in cerning the vessel. 46 CFR 154.7 that is flammable and/or Barge means a non-self propelled ves- toxic and that is not carried as certain sel engaged in commerce. dangerous cargo residue (CDC residue). Boundary waters mean the waters (8) The following bulk liquids except from main shore to main shore of the when carried as CDC residue: lakes and rivers and connecting water- (i) Acetone cyanohydrin; ways, or the portions thereof, along (ii) Allyl alcohol; which the international boundary be- (iii) Chlorosulfonic acid; tween the United States and the Do- (iv) Crotonaldehyde; minion of Canada passes, including all (v) Ethylene chlorohydrin; bays, arms, and inlets thereof, but not (vi) Ethylene dibromide; including tributary waters which in (vii) Methacrylonitrile; their natural channels would flow into (viii) Oleum (fuming sulfuric acid); such lakes, rivers, and waterways, or and waters flowing from such lakes, rivers, (ix) Propylene oxide, alone or mixed and waterways, or the waters of rivers with ethylene oxide. flowing across the boundary. (9) The following bulk solids: Carried in bulk means a commodity (i) Ammonium nitrate listed as a Di- that is loaded or carried on board a vision 5.1 (oxidizing) material in 49 vessel without containers or labels and CFR 172.101 except when carried as CDC received and handled without mark or residue; and count. (ii) Ammonium nitrate based fer- Certain dangerous cargo (CDC) in- tilizer listed as a Division 5.1 (oxi- cludes any of the following: dizing) material in 49 CFR 172.101 ex- (1) Division 1.1 or 1.2 explosives as de- cept when carried as CDC residue. fined in 49 CFR 173.50. Certain dangerous cargo residue (CDC (2) Division 1.5D blasting agents for residue) includes any of the following: which a permit is required under 49 (1) Ammonium nitrate in bulk or am- CFR 176.415 or, for which a permit is re- monium nitrate based fertilizer in bulk quired as a condition of a Research and remaining after all saleable cargo is Special Programs Administration ex- discharged, not exceeding 1,000 pounds emption. in total and not individually accumu- (3) Division 2.3 ‘‘poisonous gas’’, as lated in quantities exceeding two cubic listed in 49 CFR 172.101 that is also a feet. ‘‘material poisonous by inhalation’’ as (2) For bulk liquids and liquefied defined in 49 CFR 171.8, and that is in a gases, the cargo that remains onboard quantity in excess of 1 metric ton per in a cargo system after discharge that vessel. is not accessible through normal trans- (4) Division 5.1 oxidizing materials fer procedures, with the exception of for which a permit is required under 49 the following bulk liquefied gas car- CFR 176.415 or for which a permit is re- goes carried under 46 CFR 151.50–31 or quired as a condition of a Research and listed in 46 CFR 154.7: Special Programs Administration ex- (i) Ammonia, anhydrous; emption. (ii) Chlorine; (5) A liquid material that has a pri- (iii) Ethane; mary or subsidiary classification of Di- (iv) Ethylene oxide; vision 6.1 ‘‘poisonous material’’ as list- (v) Methane (LNG); ed in 49 CFR 172.101 that is also a ‘‘ma- (vi) Methyl bromide; terial poisonous by inhalation,’’ as de- (vii) Sulfur dioxide; and fined in 49 CFR 171.8 and that is in a (viii) Vinyl chloride.

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Charterer means the person or organi- Nationality means the state (nation) zation that contracts for the majority in which a person is a citizen or to of the carrying capacity of a ship for which a person owes permanent alle- the transportation of cargo to a stated giance. port for a specified period. This in- Operating exclusively within a single cludes ‘‘time charterers’’ and ‘‘voyage Captain of the Port zone refers to vessel charterers.’’ movements within the boundaries of a Crewmember means all persons carried single COTP zone, e.g., from one dock on board the vessel to provide naviga- to another, one berth to another, one tion and maintenance of the vessel, its anchorage to another, or any combina- machinery, systems, and arrangements tion of such transits. Once a vessel has essential for propulsion and safe navi- arrived in a port in a COPT zone, it gation or to provide services for other would not be considered as departing persons on board. from a port or place simply because of Embark means when a crewmember or its movements within that specific a person in addition to the crew joins port. the vessel. Operator means any person including, Ferry schedule means a published doc- but not limited to, an owner, a ument that: charterer, or another contractor who (1) Identifies locations a ferry travels conducts, or is responsible for, the op- to and from; eration of a vessel. (2) Lists the times of departures and Persons in addition to crewmembers arrivals; and mean any person onboard the vessel, (3) Identifies the portion of the year including passengers, who are not in- in which the ferry maintains this cluded on the list of crewmembers. schedule. Port or place of departure means any Foreign vessel means a vessel of for- port or place in which a vessel is an- eign registry or operated under the au- chored or moored. thority of a country except the United Port or place of destination means any States. port or place in which a vessel is bound Great Lakes means Lakes Superior, to anchor or moor. Michigan, Huron, Erie, and Ontario, Public vessel means a vessel that is their connecting and tributary waters, owned or demise-(bareboat) chartered the Saint Lawrence River as far as by the government of the United Saint Regis, and adjacent port areas. States, by a State or local government, Gross tons means the tonnage deter- or by the government of a foreign mined by the tonnage authorities of a country and that is not engaged in vessel’s flag state in accordance with commercial service. the national tonnage rules in force be- Time charterer means the party who fore the entry into force of the Inter- hires a vessel for a specific amount of national Convention on Tonnage Meas- time. The owner and his crew manage urement of Ships, 1969 (‘‘Convention’’). the vessel, but the charterer selects the For a vessel measured only under ports of destination. Annex I of the Convention, gross tons Voyage charterer means the party who means that tonnage. For a vessel meas- hires a vessel for a single voyage. The ured under both systems, the higher owner and his crew manage the vessel, gross tonnage is the tonnage used for but the charterer selects the ports of the purposes of the 300-gross-ton destination. threshold. [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as Hazardous condition means any condi- amended by USCG–2004–19963, 70 FR 74669, tion that may adversely affect the safe- Dec. 16, 2005; 75 FR 59620, Sept. 28, 2010. Re- ty of any vessel, bridge, structure, or designated and amended at 80 FR 5330, Jan. shore area or the environmental qual- 30, 2015] ity of any port, harbor, or navigable waterway of the United States. It may, § 160.203 Applicability. but need not, involve collision, (a) This subpart applies to the fol- allision, fire, explosion, grounding, lowing vessels that are bound for or de- leaking, damage, injury or illness of a parting from ports or places within the person aboard, or manning-shortage. navigable waters of the United States,

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as defined in 33 CFR 2.36(a), which in- zone. Captain of the Port zones are de- cludes internal waters and the terri- fined in 33 CFR part 3. torial seas of the United States, and (iii) A U.S. towing vessel and a U.S. any deepwater port as defined in 33 barge operating solely between ports or CFR 148.5: places of the contiguous 48 states, (1) U.S. vessels in commercial serv- Alaska, and the District of Columbia. ice, and (iv) A public vessel. (2) All foreign vessels. (v) Except for a tank vessel, a U.S. (b) Unless otherwise specified in this vessel operating solely between ports subpart, the owner, agent, master, op- or places of the United States on the erator, or person in charge of a vessel Great Lakes. regulated by this subpart is responsible for compliance with the requirements (vi) A U.S. vessel 300 gross tons or in this subpart. less, engaged in commercial service not (c) Towing vessels controlling a barge coming from a foreign port or place. or barges required to submit an NOA (vii) Each ferry on a fixed route that under this subpart must submit only is described in an accurate schedule one NOA containing the information that is submitted by the ferry oper- required for the towing vessel and each ator, along with information in para- barge under its control. graphs (a)(5)(vii)(A) through (J) of this section, to the Captain of the Port for [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as each port or place of destination listed amended by USCG–2004–19963, 70 FR 74669, Dec. 16, 2005. Redesignated and amended at 80 in the schedule at least 24 hours in ad- FR 5330, 5331, Jan. 30, 2015] vance of the first date and time of arrival listed on the schedule. At least 24 § 160.204 Exemptions and exceptions. hours before the first date and time of (a) Except for reporting notice of haz- arrival listed on the ferry schedule, ardous conditions, the following vessels each ferry operator who submits a are exempt from requirements in this schedule under paragraph (a)(5)(vii) of subpart: this section must also provide the fol- (1) A passenger or offshore supply lowing information to the Captain of vessel when employed in the explo- the Port for each port or place of des- ration for or in the removal of oil, gas, tination listed in the schedule for the or mineral resources on the conti- ferry, and if the schedule or the fol- nental shelf. lowing submitted information changes, (2) An oil spill response vessel the ferry operator must submit an up- (OSRV) when engaged in actual spill dated schedule at least 24 hours in ad- response operations or during spill re- vance of the first date and time of ar- sponse exercises. rival listed on the new schedule and up- (3) After December 31, 2015, a vessel dates on the following items whenever required by 33 CFR 165.830 or 165.921 to the submitted information is no longer report its movements, its cargo, or the accurate: cargo in barges it is towing. (A) Name of the vessel; (4) A United States or Canadian ves- (B) Country of registry of the vessel; sel engaged in the salving operations of (C) Call sign of the vessel; any property wrecked, or rendering aid (D) International Maritime Organiza- and assistance to any vessels wrecked, tion (IMO) international number or, if disabled, or in distress, in waters speci- the vessel does not have an assigned fied in Article II of the 1908 Treaty of IMO international number, the official Extradition, Wrecking and Salvage (35 Stat. 2035; Treaty Series 502). number of the vessel; (5) The following vessels neither car- (E) Name of the registered owner of rying certain dangerous cargo nor con- the vessel; trolling another vessel carrying certain (F) Name of the operator of the ves- dangerous cargo: sel; (i) A foreign vessel 300 gross tons or (G) Name of the vessel’s classifica- less not engaged in commercial service. tion society or recognized organiza- (ii) A vessel operating exclusively tion, if applicable; within a single Captain of the Port (H) Each port or place of destination;

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(I) Estimated dates and times of ar- § 160.205 Notices of arrival. rivals at and departures from these The owner, agent, Master, operator, ports or places; and or person in charge of a vessel must (J) Name and telephone number of a submit notices of arrival consistent 24-hour point of contact. with the requirements in this subpart. (b) A vessel less than 500 gross tons is not required to submit the Inter- [80 FR 5331, Jan. 30, 2015] national Safety Management (ISM) § 160.206 Information required in an Code Notice (Entry 7 in Table 160.206 of NOA. § 160.206). (a) Information required. With the ex- (c) A U.S. vessel is not required to ceptions noted in paragraph (b) of this submit the International Ship and Port section, each NOA must contain all of Facility Security (ISPS) Code Notice the information items specified in information (Entry 8 in Table 160.206 of Table 160.206. Vessel owners and opera- § 160.206). tors should protect any personal infor- [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as mation they gather in preparing no- amended by USCG–2003–14749, 68 FR 39313, tices for transmittal to the National July 1, 2003; 68 FR 63735, Nov. 10, 2003. Redes- Vessel Movement Center (NVMC) to ignated and amended at 80 FR 5330, 5331, Jan. prevent unauthorized disclosure of that 30, 2015] information.

TABLE 160.206—NOA INFORMATION ITEMS

Vessels neither car- Vessels rying CDC nor carrying CDC Required information controlling an- or controlling other vessel another vessel carrying CDC carrying CDC

(1) Vessel Information: (i) Name; X X (ii) Name of the registered owner; X X (iii) Country of registry; X X (iv) Call sign; X X (v) International Maritime Organization (IMO) international number or, if vessel does not have an assigned IMO international number, substitute with official number; X X (vi) Name of the operator; X X (vii) Name of charterer; X X (viii) Name of classification society or recognized organization; X X (ix) Maritime Mobile Service Identity (MMSI) number, if applicable; X X (x) Whether the vessel is 300 gross tons or less (yes or no); and X X (xi) USCG Vessel Response Plan Control Number, if applicable. X X (2) Voyage Information: (i) Names of last five foreign ports or places visited; X X (ii) Dates of arrival and departure for last five foreign ports or places visited; X X (iii) For the port or place of the United States to be visited, list the name of the receiving facility, the port or place, the city, and the state; X X (iv) For the port or place of the United States to be visited, the estimated date and time of arrival; X X (v) For the port or place in the United States to be visited, the estimated date and time of departure; 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; X X (vii) The name and telephone number of a 24-hour point of contact; X X (viii) Whether the vessel’s voyage time is less than 24 hours (yes or no); X X (ix) Last port or place of departure; and X X (x) Dates of arrival and departure for last port or place of departure. X X (3) Cargo Information: (i) A general description of cargo, other than CDC, on board the vessel (e.g., grain, container, oil, etc.); X X (ii) Name of each CDC carried, including cargo UN number, if applicable; and ...... X (iii) Amount of each CDC carried...... X (4) Information for each Crewmember On Board: (i) Full name; X X (ii) Date of birth; X X (iii) Nationality; X X (iv) Passport * or mariner’s document number (type of identification and number); X X (v) Position or duties on the vessel; and X X (vi) Where the crewmember embarked (list port or place and country). X X

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TABLE 160.206—NOA INFORMATION ITEMS—Continued

Vessels neither car- Vessels rying CDC nor carrying CDC Required information controlling an- or controlling other vessel another vessel carrying CDC carrying CDC

(5) Information for each Person On Board in Addition to Crew: (i) Full name; X X (ii) Date of birth; X X (iii) Nationality; X X (iv) Passport number; * and X X (v) Where the person embarked (list port or place and country). X X (6) Operational condition of equipment required by 33 CFR part 164 of this chapter (see note to table): X X (7) International Safety Management (ISM) Code Notice: (i) The date of expiration for the company’s Document of Compliance certificate that covers the vessel; X X (ii) The date of expiration for the vessel’s Safety Management Certificate; and X X (iii) The name of the Flag Administration, or the recognized organization(s) representing the vessel Flag Administration, that issued those certificates. X X (8) International Ship and Port Facility Security Code (ISPS) Notice: (i) The date of issuance for the vessel’s International Ship Security Certificate (ISSC), if any; X X (ii) Whether the ISSC, if any, is an initial Interim ISSC, subsequent and consecutive Interim ISSC, or final ISSC; X X (iii) Declaration that the approved ship security plan, if any, is being implemented; X X (iv) If a subsequent and consecutive Interim ISSC, the reasons therefore; X X (v) The name and 24-hour contact information for the Company Security Officer; and 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

NOTE TO TABLE 160.206. For items with an asterisk (*), see paragraph (b) of this section. Submitting a response for item 6 indicating that navigation equipment is not operating properly does not serve as notice to the District Commander, Captain of the Port, or Vessel Traffic Center, under 33 CFR 164.53.

(b) Exceptions. If a crewmember or (c) When reporting updates, revise person on board other than a crew- and resubmit the NOA. member is not required to carry a pass- [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003,as port for travel, then passport informa- amended by USCG–2005–21869, 80 FR 5333, tion required in Table 160.206 by items Jan. 30, 2015] (4)(iv) and (5) (iv) need not be provided for that person. § 160.210 Methods for submitting an [80 FR 5331, Jan. 30, 2015] NOA. (a) National Vessel Movement Center § 160.208 Updates to a submitted NOA. (NVMC). Except as otherwise provided (a) Unless otherwise specified in this in this paragraph or paragraph (b) of section, whenever events cause NOA in- this section, vessels must submit NOA formation submitted for a vessel to be- information required by § 160.206 to the come inaccurate, or the submitter to NVMC using methods currently speci- realize that data submitted was inac- fied at www.nvmc.uscg.gov, which in- curate, the owner, agent, Master, oper- cludes submission through the NVMC ator, or person in charge of that vessel electronic Notice of Arrival and Depar- must submit an update within the ture (eNOAD) World Wide Web site, and times required in § 160.212. XML, which includes the Excel Work- (b) Changes in the following informa- book format. These data may also be tion need not be reported: submitted using other methods that (1) Changes in arrival or departure may be added as future options on times that are less than six (6) hours; www.nvmc.uscg.gov. XML spreadsheets (2) Changes in vessel location or posi- may be submitted via email to tion of the vessel at the time of report- [email protected]. If a vessel oper- ing (entry (2)(vi) to Table 160.206); and ator must submit an NOA or an update, (3) Changes to crewmembers’ position for a vessel in an area without internet or duties on the vessel (entry (4)(vii) to access or when experiencing technical Table 160.206). difficulties with an onboard computer,

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and he or she has no shore-side support NOAs within the times required in available, the vessel operator may fax paragraph (a)(4) of this section. or phone the submission to the NVMC. (2) Towing vessels, when in control of Fax at 1–800–547–8724 or 304–264–2684. a vessel carrying CDC and operating Workbook available at solely between ports or places of the www.nvmc.uscg.gov; or, telephone at 1– contiguous 48 states, Alaska, and the 800–708–9823 or 304–264–2502. District of Columbia, must submit an (b) Saint Lawrence Seaway. Those ves- NOA before departure but at least 12 sels transiting the Saint Lawrence Sea- hours before arriving at the port or way inbound, bound for a port or place place of destination. in the United States, may meet the (3) U.S. vessels 300 gross tons or less, submission requirements of paragraph arriving from a foreign port or place, (a) of this section by submitting the re- and whose voyage time is less than 24 quired information to the Saint Law- hours must submit an NOA at least 60 rence Seaway Development Corpora- minutes before departure from the for- tion and the Saint Lawrence Seaway eign port or place. Also, Canadian ves- Management Corporation of Canada sels 300 gross tons or less, arriving di- using methods specified at rectly from Canada, via boundary www.nvmc.uscg.gov. waters, to a United States port or place [USCG–2005–21869, 80 FR 5333, Jan. 30, 2015] on the Great Lakes, whose voyage time is less than 24 hours must submit an § 160.212 When to submit an NOA. NOA at least 60 minutes before depar- (a) Submission of an NOA. (1) Except ture from the Canadian port or place. as set out in paragraphs (a)(2) and (a)(3) (4) Times for submitting NOAs are as of this section, all vessels must submit follows:

If your voyage time is— Then you must submit an NOA—

(i) 96 hours or more; or .. At least 96 hours before arriving at the port or place of destination; or (ii) Less than 96 hours ... Before departure but at least 24 hours before arriving at the port or place of destination.

(b) Submission of updates to an NOA. (3) U.S. vessels 300 gross tons or less, (1) Except as set out in paragraphs arriving from a foreign port or place, (b)(2) and (b)(3) of this section, vessels whose voyage time is— must submit updates in NOA informa- (i) Less than 24 hours but greater tion within the times required in para- than 6 hours, must submit updates to graph (b)(4) of this section. an NOA as soon as practicable, but at (2) Towing vessels, when in control of least 6 hours before entering the port a vessel carrying CDC and operating or place of destination. solely between ports or places in the (ii) Less than or equal to 6 hours, contiguous 48 states, Alaska, and the must submit updates to an NOA as soon as practicable, but at least 60 District of Columbia, must submit up- minutes before departure from the for- dates to an NOA as soon as practicable eign port or place. but at least 6 hours before entering the (4) Times for submitting updates to port or place of destination. NOAs are as follows:

If your remaining voyage time is— Then you must submit updates to an NOA—

(i) 96 hours or more; As soon as practicable, but at least 24 hours before arriving at the port or place of destination; (ii) Less than 96 hours As soon as practicable, but at least 24 hours before arriving at the port or place of destination; or but not less than 24 hours; or. (iii) Less than 24 hours .. As soon as practicable, but at least 12 hours before arriving at the port or place of destination.

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[USCG–2005–21869, 80 FR 5333, Jan. 30, 2015] riod of time over which the incident occurred; § 160.214 Waivers. (4) Where the incident occurred, in- The Captain of the Port may waive, cluding the exact or estimated location within that Captain of the Port’s des- of the incident, the route the ship was ignated zone, any of the requirements taking, and the weather (wind and sea) of this subpart for any vessel or class conditions at the time or approximate of vessels upon finding that the vessel, time of the incident; and route, area of operations, conditions of (5) How the incident occurred, includ- the voyage, or other circumstances are ing the circumstances of the incident, such that application of this subpart is the type of securing equipment that unnecessary or impractical for pur- was used, and any other material fail- poses of safety, environmental protec- ures that may have contributed to the tion, or national security. incident.

§ 160.215 Force majeure. [USCG–2000–7080, 81 FR 28017, May 9, 2016. Re- designated by USCG–2000–7080, 81 FR 59136, When a vessel is bound for a port or Aug. 29, 2016] place of the United States under force majeure, it must comply with the re- Subpart D—Crewmember quirements in this section, but not other sections of this subpart. The ves- Identification sel must report the following information to the nearest Captain of the Port SOURCE: USCG–2007–28648, 74 FR 19140, Apr. as soon as practicable: 28, 2009, unless otherwise noted. (a) The vessel Master’s intentions; § 160.300 Applicability. (b) Any hazardous conditions as defined in § 160.202; and (a) This subpart applies to crew- (c) If the vessel is carrying certain members on the following vessels in dangerous cargo or controlling a vessel the navigable waters of the United carrying certain dangerous cargo, the States en route to a U.S. port or place amount and name of each CDC carried, of destination or at a U.S. port or including cargo UN number if applica- place: ble. (1) A foreign vessel engaged in commercial service, and [USCG–2000–7080, 81 FR 59137, Aug. 29, 2016] (2) A U.S. vessel engaged in commer- § 160.216 Notice of hazardous condi- cial service and coming from a foreign tions. port or place of departure. (b) This subpart also applies to the (a) Whenever there is a hazardous operators of the vessels listed in para- condition either on board a vessel or graph (a) of this section. caused by a vessel or its operation, the owner, agent, master, operator, or per- § 160.305 Exceptions. son in charge must immediately notify the nearest Coast Guard Sector Office Requirements in this subpart do not or Group Office, and in addition submit apply to crewmembers and operators any report required by 46 CFR 4.05–10. on a vessel bound for a U.S. port or (b) When the hazardous condition in- place of destination under force volves cargo loss or jettisoning as de- majeure. scribed in 33 CFR 97.115, the notifica- § 160.310 Definitions. tion required by paragraph (a) of this section must include— As used in this subpart, and only for (1) What was lost, including a de- purposes of this supbpart— scription of cargo, substances involved, Acceptable identification means a: and types of packages; (1) Passport; (2) How many were lost, including (2) U.S. Permanent Resident Card; the number of packages and quantity (3) U.S. merchant mariner document; of substances they represent; (4) U.S. merchant mariner credential; (3) When the incident occurred, in- (5) Transportation Worker Identifica- cluding the time of the incident or pe- tion Credential (TWIC) issued by the

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Transportation Security Administra- vessel has an acceptable identification tion under 49 CFR part 1572; or in his or her possession when the vessel (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. 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 means the same as this term is defined PART 161—VESSEL TRAFFIC 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 influence, and certain U.S. internal waters GENERAL RULES not subject to tidal influence. Sec. Operator means any person including, 161.1 Purpose and Intent. but not limited to, an owner, a 161.2 Definitions. charterer, or another contractor who 161.3 Applicability. conducts, or is responsible for, the op- 161.4 Requirement to carry the rules. eration of a vessel. 161.5 Deviations from the rules. Passport means any travel document 161.6 Preemption. 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).

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161.23 Reporting exemptions. collision between vessels, or damage to property or the environment. Subpart C—Vessel Traffic Service and Ves- (c) The owner, operator, charterer, sel Movement Reporting System Areas master, or person directing the move- and Reporting Points ment of a vessel remains at all times 161.25 Vessel Traffic Service New York responsible for the manner in which Area. the vessel is operated and maneuvered, 161.30 Vessel Traffic Service Louisville. and is responsible for the safe naviga- 161.35 Vessel Traffic Service Houston/Gal- tion of the vessel under all cir- veston. cumstances. Compliance with these 161.40 Vessel Traffic Service Berwick Bay. rules or with a direction of the VTS is 161.45 Vessel Traffic Service St. Marys at all times contingent upon the ex- River. igencies of safe navigation. 161.50 Vessel Traffic Service San Francisco. 161.55 Vessel Traffic Service Puget Sound (d) Nothing in this part is intended to and the Cooperative Vessel Traffic Serv- relieve any vessel, owner, operator, ice for the Juan de Fuca Region. charterer, master, or person directing 161.60 Vessel Traffic Service Prince William the movement of a vessel from the con- Sound. sequences of any neglect to comply 161.65 Vessel Traffic Service Lower Mis- with this part or any other applicable sissippi River. law or regulation (e.g., the Inter- 161.70 Vessel Traffic Service Port Arthur. 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 neglect of any precaution which may No. 0170.1. 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.

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(3) Vessel characteristics that affect States Coast Guard designed to im- or restrict maneuverability, such as prove the safety and efficiency of ves- cargo or tow arrangement, trim, loaded sel traffic and to protect the environ- condition, underkeel or overhead clear- ment. The VTS has the capability to ance, speed capabilities, power avail- interact with marine traffic and re- ability, or similar characteristics, spond to traffic situations developing which may affect the positive control in the VTS area. or safe handling of the vessel or the Vessel Traffic Service Area or VTS Area tow. means the geographical area encom- 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). fication System (AIS). Vessel Movement Reporting System VTS User’s Manual means the manual (VMRS) means a mandatory reporting established and distributed by the VTS system used to monitor and track ves- to provide the mariner with a descrip- sel movements. This is accomplished tion of the services offered and rules in by a vessel providing information force for that VTS. Additionally, the under established procedures as set manual may include chartlets showing forth in this part in the areas defined the area and sector boundaries, general in Table 161.12(c) (VTS and VMRS Cen- navigational information about the ters, Call Signs/MMSI, Designated Fre- area, and procedures, radio frequencies, quencies, and Monitoring Areas). reporting provisions and other infor- Vessel Movement Reporting System mation which may assist the mariner (VMRS) User means a vessel, or an while in the VTS area. owner, operator, charterer, Master, or [CGD 90–020, 59 FR 36324, July 15, 1994, as person directing the movement of a amended by CGE 97–023, 62 FR 33364, June 19, vessel that is required to participate in 1997; USCG–2003–14757, 68 FR 39364, July 1, a VMRS. 2003; USCG–1998–4399, 75 FR 66314, Oct. 28, Vessel Traffic Center (VTC) means the 2010; USCG–2005–21869, 80 FR 5334, Jan. 30, shore-based facility that operates the 2015; 80 FR 17327, Apr. 1, 2015] vessel traffic service for the Vessel Traffic Service area or sector within § 161.3 Applicability. such an area. The provisions of this subpart shall Vessel Traffic Services (VTS) means a apply to each VTS User and may also service implemented by the United apply to any vessel while underway or

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at anchor on the navigable waters of ver considered necessary for safe navi- the United States within a VTS area, gation under the circumstances. to the extent the VTS considers nec- [CGD 90–020, 59 FR 36324, July 15, 1994, as essary. amended by USCG–2005–21531, 70 FR 36350, June 23, 2005; USCG–2005–21869, 80 FR 5334, § 161.4 Requirement to carry the rules. Jan. 30, 2015] Each VTS User shall carry on board § 161.6 Preemption. and maintain for ready reference a copy of these rules. The regulations in this part have pre- emptive impact over State laws or reg- NOTE: These rules are contained in the ap- ulations on the same subject matter. plicable U.S. Coast Pilot, the VTS User’s The Coast Guard has determined, after Manual which may be obtained by con- considering the factors developed by tacting the appropriate VTS, and periodi- the Supreme Court in U.S. v. Locke, 529 cally published in the Local Notice to Mari- U.S. 89 (2000), that by enacting Chapter ners. The VTS User’s Manual and the World VTS Guide, an International Maritime Orga- 25 of the Ports and Waterways Safety nization (IMO) recognized publication, con- Act (33 U.S.C. 1221 et seq.), Congress in- tain additional information which may as- tended that Coast Guard regulations sist the prudent mariner while in the appro- preempt State laws or regulations re- priate VTS area. garding vessel traffic services in United States ports and waterways. § 161.5 Deviations from the rules. [USCG–1998–4399, 75 FR 66314, Oct. 28, 2010] (a) Requests to deviate from any provision in this part, either for an ex- SERVICES, VTS MEASURES, AND tended period of time or if anticipated OPERATING REQUIREMENTS before the start of a transit, must be submitted in writing to the appropriate § 161.10 Services. District Commander. Upon receipt of To enhance navigation and vessel the written request, the District Com- safety, and to protect the marine envi- mander may authorize a deviation if it ronment, a VTS may issue advisories, is determined that such a deviation or respond to vessel requests for infor- provides a level of safety equivalent to mation, on reported conditions within that provided by the required measure the VTS area, such as: or is a maneuver considered necessary (a) Hazardous conditions or circumstances; for safe navigation under the cir- (b) Vessel congestion; cumstances. An application for an au- (c) Traffic density; thorized deviation must state the need (d) Environmental conditions; and fully describe the proposed alter- (e) Aids to navigation status; native to the required measure. (f) Anticipated vessel encounters; (b) Requests to deviate from any pro- (g) Another vessel’s name, type, posi- vision in this part due to cir- tion, hazardous vessel operating condi- cumstances that develop during a tran- tions, if applicable, and intended navi- sit or immediately preceding a transit gation movements, as reported; may be made to the appropriate Vessel (h) Temporary measures in effect; Traffic Center (VTC). Requests to devi- (i) A description of local harbor operate must be made as far in advance as ations and conditions, such as ferry practicable. Upon receipt of the re- routes, dredging, and so forth; quest, the VTC may authorize a devi- (j) Anchorage availability; or ation if it is determined that, based on (k) Other information or special cir- vessel handling characteristics, traffic cumstances. density, radar contacts, environmental conditions and other relevant informa- § 161.11 VTS measures. tion, such a deviation provides a level (a) A VTS may issue measures or di- of safety equivalent to that provided rections to enhance navigation and by the required measure or is a maneu- vessel safety and to protect the marine environment, such as, but not limited to:

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(1) Designating temporary reporting only to the extent necessary to avoid points and procedures; endangering persons, property or the (2) Imposing vessel operating require- environment. The deviation shall be re- ments; or ported to the VTS as soon as is prac- (3) Establishing vessel traffic routing ticable. schemes. (c) When not exchanging voice com- (b) During conditions of vessel con- munications, a VTS User must main- gestion, restricted visibility, adverse tain a listening watch as required by weather, or other hazardous cir- § 26.04(e) of this chapter on the VTS fre- cumstances, a VTS may control, super- quency designated in Table 161.12(c) vise, or otherwise manage traffic, by (VTS and VMRS Centers, Call Signs/ specifying times of entry, movement, MMSI, Designated Frequencies, and or departure to, from, or within a VTS Monitoring Areas). In addition, the area. VTS User must respond promptly when hailed and communicate in the English § 161.12 Vessel operating requirements. language. (a) Subject to the exigencies of safe NOTE TO § 161.12(c): As stated in 47 CFR navigation, a VTS User shall comply 80.148(b), a very high frequency watch on with all measures established or direc- Channel 16 (156.800 MHz) is not required on tions issued by a VTS. vessels subject to the Vessel Bridge-to- Bridge Radiotelephone Act and participating (b) If, in a specific circumstance, a in a Vessel Traffic Service (VTS) system VTS User is unable to safely comply when the watch is maintained on both the with a measure or direction issued by vessel bridge-to-bridge frequency and a des- the VTS, the VTS User may deviate ignated VTS frequency.

TABLE 161.12(c)—VTS AND VMRS CENTERS, CALL SIGNS/MMSI, DESIGNATED FREQUENCIES, AND MONITORING AREAS

Designated frequency Center MMSI 1 call sign (channel designation)— Monitoring area 34 purpose 2

Berwick Bay— 003669950: Berwick Traffic ...... 156.550 MHz (Ch. 11) .. The waters south of 29°45.00′ N., west of 91°10.00′ W., north of 29°37.00′ N., and east of 91°18.00′ W. Buzzards Bay: Buzzards Bay Con- 156.600 MHz (Ch. 12) .. The waters east and north of a line drawn from the southern tangent of trol 5. Sakonnet Point, Rhode Island, in approximate position latitude 41°27.20′ N., longitude 71°11.70′ W., to the Buzzards Bay Entrance Light in approximate position latitude 41°23.8′ N., longitude 71°02.00′ W., and then to the southwestern tangent of Cuttyhunk Island, Massa- chusetts, at approximate position latitude 41°24.60′ N., longitude 70°57.00′ 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°00.00′ N., west of 94°20.00′ W., south 003669954. of 29°49.00′ N., and east of 95°20.00′ W. Houston Traffic ...... 156.550 MHz (Ch. 11) .. The navigable waters north of a line extending due west from the south- 156.250 MHz (Ch. ernmost end of Exxon Dock #1 (20°43.37′ N., 95°01.27′ W.). 5A).—For Sailing Plans only. Houston Traffic ...... 156.600 MHz (Ch. 12) .. The navigable waters south of a line extending due west from the south- 156.250 MHz (Ch. ernmost end of Exxon Dock #1 (29°43.37′ N., 95°01.27′ W.). 5A).—For Sailing Plans only. Los Angeles-Long Beach—03660465: 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°42.30′ N., 118°17.60′ W.). Louisville—003669732: 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— 0036699952:

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TABLE 161.12(c)—VTS AND VMRS CENTERS, CALL SIGNS/MMSI, DESIGNATED FREQUENCIES, AND MONITORING AREAS—Continued

Designated frequency Center MMSI 1 call sign (channel designation)— Monitoring area 34 purpose 2

New Orleans Traffic 156.550 MHz (Ch. 11) .. The navigable waters of the Lower Mississippi River below 29°55.30′ N., 89°55.60′ W. (Saxonholm Light) at 86.0 miles Above Head of Passes (AHP), extending down river to Southwest Pass, and, within a 12 nautical mile radius around 28°54.30′ N., 89°25.70′ W. (Southwest Pass Entrance Light) at 20.1 miles Below Head of Passes (BHP). New Orleans Traffic 156.600 MHz (Ch. 12) .. The navigable waters of the Lower Mississippi River bounded on the north by a line drawn perpendicular on the river at 29°55.50′ N., 90°12.77′ W. (Upper Twelve Mile Point) at 109.0 miles AHP and on the south by a line drawn perpendicularly at 29°55.30′ N., 89°55.60′ W. (Saxonholm Light) at 86.0 miles AHP. New Orleans Traffic 156.250 MHz (Ch. 05A) The navigable waters of the Lower Mississippi River below 30°38.70′ N., 91°17.50′ W. (Port Hudson Light) at 254.5 miles AHP bounded on the south by a line drawn perpendicular on the river at 29°55.50′ N., 90°12.77′ W. (Upper Twelve Mile Point) at 109.0 miles AHP. New York—003669951: New York Traffic ...... 156.550 MHz (Ch. 11)— The area consists of the navigable waters of the Lower New York Bay For Sailing Plans only. bounded on the east by a line drawn from Norton Point to Breezy 156.600 MHz (Ch. Point; on the south by a line connecting the entrance buoys at the Am- 12).—For vessels at brose Channel, Swash Channel, and Sandy Hook Channel to Sandy anchor. Hook Point; and on the southeast including the waters of Sandy Hook Bay south to a line drawn at latitude 40°25.00′ 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°41.90′ N.; and then east including the waters of the Kill Van Kull (KVK) and the Upper New York Bay north to a line drawn east- west from the Holland Tunnel ventilator shaft at latitude 40°43.70′ N., longitude 74°01.60′ 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°25.00′ 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 Point, 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 Tunnel 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°26.00′ 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—003669955: Port Arthur Traffic .... 156.050 MHz (Ch. 01A) The navigable waters of the Sabine-Neches Canal south of 29°52.70′ N.; Port Arthur Canal; Sabine Pass Channel; Sabine Bank Channel; Sabine Outer Bar Channel; the offshore safety fairway; and the ICW from High Island to its intersection with the Sabine-Neches Canal. Port Arthur Traffic .... 156.275 MHz (Ch. 65A) The navigable waters of the Neches River; Sabine River; and Sabine- Neches Waterway north of 29°52.70′ N.; and the ICW from its intersection with the Sabine River to MM 260. Port Arthur Traffic .... 156.675 MHz (Ch. 73) 6 The navigable waters of the Calcasieu Channel; Calcasieu River Chan- nel; and the ICW from MM 260 to MM 191. Prince William Sound— 003669958: Valdez Traffic ...... 156.650 MHz (CH. 13) .. The navigable waters south of 61°05.00′ N., east of 147°20.00′ W., north of 60°00.00′ N., and west of 146°30.00′ W.; and, all navigable waters in Port Valdez. Puget Sound: 7 Seattle Traffic— 156.700 MHz (Ch. 14) .. The waters of Puget Sound, Hood Canal and adjacent waters south of a 003669957. line connecting Nodule Point and Bush Point in Admiralty Inlet and south of a line drawn due east from the southernmost tip of Posses- sion Point on Whidbey Island to the shoreline.

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TABLE 161.12(c)—VTS AND VMRS CENTERS, CALL SIGNS/MMSI, DESIGNATED FREQUENCIES, AND MONITORING AREAS—Continued

Designated frequency Center MMSI 1 call sign (channel designation)— Monitoring area 34 purpose 2

Seattle Traffic— 156.250 MHz (Ch. 5A) .. The waters of the Strait of Juan de Fuca east of 124°40.00′ W. excluding 003669957. 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°52.00′ W.; the San Juan Island Archipelago, Rosario Strait, Bel- lingham 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 Possession Point on Whidbey Island to the shoreline. Tofino Traffic— 156.725 MHz (Ch. 74) .. The waters west of 124°40.00′ W. within 50 nautical miles of the coast of 003160012. Vancouver Island including the waters north of 48°00.00′ N., and east of 127°00.00′ W. Victoria Traffic— 156.550 MHz (Ch. 11) .. The waters of the Strait of Georgia west of 122°52.00′ W., the navigable 003160010. waters of the central Strait of Juan de Fuca north and east of Race Rocks, including the Gulf Island Archipelago, Boundary Pass and Haro Strait. San Francisco— 003669956: San Francisco Traffic 156.700 MHz (Ch. 14) .. The navigable waters of the San Francisco Offshore Precautionary Area, the navigable waters shoreward of the San Francisco Offshore Pre- cautionary Area east of 122°42.00′ W. and north of 37°40.00′ 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 Sacramento on the Sac- ramento River. San Francisco Traffic 156.600 MHz (Ch. 12) .. The navigable waters within a 38 nautical mile radius of Mount Tamalpais (37°55.80′ N., 122°34.60′ W.) west of 122°42.00′ W. and south of 37°40.00′ N. and excluding the San Francisco Offshore Precautionary Area. St. Mary’s River— 003669953: Soo Traffic ...... 156.600 MHz (Ch. 12) .. The waters of the St. Mary’s River and lower Whitefish Bay from 45°57.00′ N. (De Tour Reef Light) to the south, to 46°38.70′ N. (Ile Pa- risienne Light) to the north, except the waters of the St. Mary’s Falls Canal and to the east along a line from La Pointe to Sims Point, within 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. The requirements set forth in §§ 161.21 and 164.46 of this subchapter apply in those areas denoted with an MMSI number, except for Louisville and Los Angeles/Long Beach. 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 (Channel 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 otherwise directed, full VTS services will not be available in the Calcasieu Channel, Calcasieu River Channel, and the ICW from MM 260 to MM 191. Vessels may contact Port Arthur Traffic on the designated VTS frequency to request advisories, but are not required to monitor the VTS frequency in this sector. 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 (3) A pollution incident as defined in User shall notify the VTS of any of the § 151.15 of this chapter; following: (4) A defect or discrepancy in an aid (1) A marine casualty as defined in 46 to navigation; CFR 4.05–1; (5) A hazardous condition as defined (2) Involvement in the ramming of a in § 160.202 of this chapter; fixed or floating object;

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(6) Improper operation of vessel monitor and track vessel movements equipment required by part 164 of this within a VTS or VMRS area. This is chapter; accomplished by requiring that vessels (7) A situation involving hazardous provide information under established materials for which a report is required procedures as set forth in this part, or by 49 CFR 176.48; and as directed by the Center. (8) A hazardous vessel operating con- (b) To avoid imposing an undue re- dition as defined in § 161.2. porting burden or unduly congesting [CGD 90–020, 59 FR 36324, July 15, 1994] radiotelephone frequencies, reports shall be limited to information which EDITORIAL NOTE: For FEDERAL REGISTER ci- is essential to achieve the objectives of tations affecting § 161.12, see the List of CFR the VMRS. These reports are consoli- Sections Affected, which appears in the Finding Aids section of the printed volume dated into three reports (sailing plan, and at www.fdsys.gov. position, and final). [CGD 90–020, 59 FR 36324, July 15, 1994, as § 161.13 VTS Special Area operating amended by USCG–2003–14757, 68 FR 39366, requirements. July 1, 2003; USCG–2011–0257, 76 FR 31838, The following operating require- June 2, 2011] ments apply within a VTS Special Area: § 161.16 Applicability. (a) A VTS User shall, if towing Unless otherwise stated, the provi- astern, do so with as short a hawser as sions of this subpart apply to the fol- safety and good seamanship permits. lowing vessels and VMRS Users: (b) A VMRS User shall: (1) Not enter (a) Every power-driven vessel of 40 or get underway in the area without meters (approximately 131 feet) or prior approval of the VTS; more in length, while navigating; (2) Not enter a VTS Special Area if a (b) Every towing vessel of 8 meters hazardous vessel operating condition or (approximately 26 feet) or more in circumstance exists; length, while navigating; or (3) Not meet, cross, or overtake any (c) Every vessel certificated to carry other VMRS User in the area without 50 or more passengers for hire, when prior approval of the VTS; and engaged in trade. (4) Before meeting, crossing, or overtaking any other VMRS User in the [CGD 90–020, 59 FR 36324, July 15, 1994, as area, communicate on the designated amended by USCG–2003–14757, 68 FR 39366, vessel bridge-to-bridge radiotelephone July 1, 2003] frequency, intended navigation move- § 161.17 Definitions. ments, and any other information necessary in order to make safe passing As used in this subpart: arrangements. This requirement does Center means a Vessel Traffic Center not relieve a vessel of any duty pre- or Vessel Movement Center. scribed by the International Regula- Published means available in a wide- tions for Prevention of Collisions at ly-distributed and publicly available Sea, 1972 (72 COLREGS) or the Inland medium (e.g., VTS User’s Manual, ferry Navigation Rules. schedule, Notice to Mariners). [USCG–2003–14757, 68 FR 39366, July 1, 2003] Subpart B—Vessel Movement Reporting System § 161.18 Reporting requirements. (a) A Center may: (1) Direct a vessel § 161.15 Purpose and intent. to provide any of the information set (a) A Vessel Movement Reporting forth in Table 161.18(a) (IMO Standard System (VMRS) is a system used to 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.

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TABLE 161.18(a)—THE IMO STANDARD SHIP REPORTING SYSTEM—Continued 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 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; po- lost. sition 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- (3) Require reports from a vessel in ing for those vessels unable to report sufficient time to allow advance vessel on the designated frequency; or traffic planning.

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(b) All reports required by this part § 161.20 Position Report (PR). shall be made as soon as is practicable A vessel must report its name and on the frequency designated in Table position: 161.12(c) (VTS and VMRS Centers, Call (a) Upon point of entry into a VMRS Signs/MMSI, Designated Frequencies, area; and Monitoring Areas). (b) At designated reporting points as (c) When not exchanging communica- set forth in subpart C; or tions, a VMRS User must maintain a (c) When directed by the Center. listening watch as described in § 26.04(e) of this chapter on the frequency des- [CGD 90–020, 59 FR 36324, July 15, 1994, as ignated in Table 161.12(c) (VTS and amended by USCG–2003–14757, 68 FR 39366, VMRS Centers, Call Signs/MMSI, Des- July 1, 2003] ignated Frequencies, and Monitoring § 161.21 Automated reporting. Areas). In addition, the VMRS User must respond promptly when hailed (a) Unless otherwise directed, vessels and communicate in the English lan- equipped with an Automatic Identifica- guage. tion System (AIS) are required to make continuous, all stations, AIS NOTE: As stated in 47 CFR 80.148(b), a VHF broadcasts, in lieu of voice Position watch on Channel 16 (156.800 MHz) is not re- Reports, to those Centers denoted in quired on vessels subject to the Vessel Bridge-to-Bridge Radiotelephone Act and Table 161.12(c) of this part. participating in a Vessel Traffic Service (b) Should an AIS become non-oper- (VTS) system when the watch is maintained ational, while or prior to navigating a on both the vessel bridge-to-bridge frequency VMRS area, it should be restored to op- and a designated VTS frequency. erating condition as soon as possible, (d) A vessel must report: and, until restored a vessel must: (1) Any significant deviation from its (1) Notify the Center; Sailing Plan, as defined in § 161.19, or (2) Make voice radio Position Reports from previously reported information; at designated reporting points as re- or quired by § 161.20(b) of this part; and (2) Any intention to deviate from a (3) Make any other reports as di- VTS issued measure or vessel traffic rected by the Center. routing system. [USCG–2003–14757, 68 FR 39366, July 1, 2003] (e) When reports required by this part include time information, such in- § 161.22 Final Report (FR). formation 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 [CGD 90–020, 59 FR 36324, July 15, 1994, as (b) When leaving a VTS area. amended by USCG–2003–14757, 68 FR 39366, July 1, 2003; USCG–2015–0433, 80 FR 44282, § 161.23 Reporting exemptions. July 27, 2015] (a) Unless otherwise directed, the following vessels are exempted from pro- § 161.19 Sailing Plan (SP). viding Position and Final Reports due Unless otherwise stated, at least 15 to the nature of their operation: minutes before navigating a VTS area, (1) Vessels on a published schedule a vessel must report the: and route; (a) Vessel name and type; (2) Vessels operating within an area (b) Position; of a radius of three nautical miles or (c) Destination and ETA; less; or (d) Intended route; (3) Vessels escorting another vessel (e) Time and point of entry; and or assisting another vessel in maneu- (f) Dangerous cargo on board or in its vering procedures. tow, as defined in § 160.202 of this chap- (b) A vessel described in paragraph ter. (a) of this section must: [CGD 90–020, 59 FR 36324, July 15, 1994, as (1) Provide a Sailing Plan at least 5 amended by USCG–2011–1024, 78 FR 51671, minutes but not more than 15 minutes Aug. 21, 2013; USCG–2005–21869, 80 FR 5334, before navigating within the VMRS Jan. 30, 2015] area; and

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(2) If it departs from its promulgated § 161.30 Vessel Traffic Service Louis- schedule by more than 15 minutes or ville. changes its limited operating area, The VTS area consists of the navi- make the established VMRS reports, or report as directed. gable waters of the Ohio River between McAlpine Locks (Mile 606.8) and [CGD 90–020, 59 FR 36324, July 15, 1994, as Twelve Mile Island (Mile 593), only amended by CGD 97–023, 62 FR 33364, June 19, when the McAlpine upper pool gauge is 1997; USCG–2003–14757, 68 FR 39367, July 1, 2003] at 13.0 feet or above. [CGD 90–020, 59 FR 36324, July 15, 1994, as Subpart C—Vessel Traffic Service amended by USCG–1998–3799, 63 FR 35531, and Vessel Movement Report- June 30, 1998] ing System Areas and Report- § 161.35 Vessel Traffic Service Hous- ing Points ton/Galveston.

NOTE: All geographic coordinates con- (a) The VTS area consists of the fol- tained in part 161 (latitude and longitude) lowing major waterways and portions are expressed in North American Datum of of connecting waterways: Galveston 1983 (NAD 83). Bay Entrance Channel; Outer Bar § 161.25 Vessel Traffic Service New Channel; Inner Bar Channel; Bolivar York Area. Roads Channel; Galveston Channel; The area consists of the navigable Gulf ICW and Galveston-Freeport Cut- waters of the Lower New York Harbor Off from Mile 346 to Mile 352; Texas bounded on the east by a line drawn City Channel; Texas City Turning from Norton Point to Breezy Point; on Basin; Texas City Canal Channel; the south by a line connecting the en- Texas City Canal Turning Basin; Hous- trance buoys at the Ambrose Channel, ton Ship Channel; Bayport Channel; Swash Channel, and Sandy Hook Chan- Bayport Turning Basin; Houston Turn- nel to Sandy Hook Point; and on the ing Basin; and the following pre- southeast including the waters of cautionary areas associated with these Sandy Hook Bay south to a line drawn waterways. at latitude 40°25′ N.; then west into (b) Precautionary areas. waters of the Raritan Bay to the Rari- tan River Rail Road Bridge; and then TABLE 161.35(b)—VTS HOUSTON/GALVESTON north including the waters of the Ar- PRECAUTIONARY AREAS thur Kill and Newark Bay to the Le- high Valley Draw Bridge at latitude Precautionary Radius Center point 40°41.9′ N.; and then east including the area name (yds.) Latitude Longitude waters of the Kill Van Kull and Upper New York Bay north to a line drawn Bolivar Roads 4000 29°20.9′ N 94°47.0′ W ° ′ ° ′ east-west from the Holland Tunnel Red Fish Bar 4000 29 29.8 N 94 51.9 W Bayport Chan- 4000 29°36.7′ N 94°57.2′ W Ventilator Shaft at latitude 40°43.7′ N., nel. longitude 74°01.6′ W. in the Hudson Morgans Point 2000 29°41.0′ N 94°59.0′ W River; and then continuing east includ- Upper San 1000 29°42.3′ N 95°01.1′ W ing the waters of the East River to the Jacinto Bay. ° ′ ° ′ Throgs Neck Bridge, excluding the Har- Baytown ...... 1000 29 43.6 N 95 01.4 W Lynchburg ...... 1000 29°45.8′ N 95°04.8′ W lem River. Carpenters 1000 29°45.3′ N 95°05.6′ W NOTE: Although mandatory participation Bayou. ° ′ ° ′ in VTSNY is limited to the area within the Jacintoport ..... 1000 29 44.8 N 95 06.0 W ° ′ ° ′ navigable waters of the United States, Greens Bayou 1000 29 44.8 N 95 10.2 W ° ′ ° ′ VTSNY will provide services beyond those Hunting Bayou 1000 29 44.3 N 95 12.1 W Sims Bayou ... 1000 29°43.2′ N 95°14.4′ W waters. Prospective users are encouraged to ° ′ ° ′ report beyond the area of required participa- Brady Island .. 1000 29 43.5 N 95 16.4 W Buffalo Bayou 1000 29°45.0′ N 95°17.3′ W tion in order to facilitate advance vessel traffic management in the VTS area and to NOTE: Each Precautionary Area encompasses a circular receive VTSNY advisories and/or assistance. area of the radius denoted. [CGD 92–052, 61 FR 45327, Aug. 29, 1996] (c) Reporting points.

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TABLE 161.35(c)—VTS HOUSTON/GALVESTON REPORTING POINTS

Desig- nator Geographic name Geographic description Latitude/ longitude Notes

1 ...... Galveston Bay Entrance Galveston Bay Entrance CH 29°18.2′ N; 94°37.6′ W Channel. Lighted Buoy (LB) ‘‘1C’’. 2 ...... Galveston Bay Entrance Galveston Bay Entrance Chan- 29°20.6′ N; 94°44.6′ W Channel. nel LB 11 and 12. E ...... Bolivar Land Cut...... Mile 349 Intracoastal Water- 29°22.5′ N; 94°46.9′ W Tows entering HSC way (ICW). also report at HSC LB 25 & 26. W ...... Pelican Cut ...... Mile 351 ICW ...... 29°21.4′ N; 94°48.5′ W Tows entering HSC also report at HSC LB 25 & 26. G ...... Galveston Harbor ...... Galveston Channel Lt. 2 ...... 29°20.2′ N; 94°46.6′ W Coast Guard Base. T ...... Texas City Channel ...... Texas City Channel Lt. 12 ...... 29°22.4′ N; 94°50.9′ W X ...... Houston Ship Channel Houston Ship Channel (HSC) 29°22.2′ N; 94°48.1′ W Tow entering HSC ICW Intersection. LB 25 and 26. from ICW or Texas Cut Only. 3 ...... Lower Galveston Bay ...... HSC Lt. 31 and LB 32 ...... 29°23.8′ N; 94°48.9′ W 4 ...... Red Fish Bar ...... HSC Lt. 53 & 54 ...... 29°30.3′ N; 94°52.4′ W P ...... Bayport Ship Channel..... Bayport Ship Channel Lt. 8 29°36.8′ N; 94°59.5′ W Bayport Land Cut. and 9. 4A ...... Upper Galveston Bay ...... HSC Lt. 69 and 70 ...... 29°34.7′ N; 94°55.8′ W Tows only. 5 ...... Morgan’s Point ...... HSC Lt. 91 ...... 29°41.0′ N; 94°59.0′ W 6 ...... Exxon ...... HSC Lt. 109A ...... 29°43.5′ N; 95°01.4′ W 7 ...... Lynchburg ...... Ferry crossing ...... 29°45.8′ N; 95°04.8′ W 8 ...... Shell Oil ...... Boggy Bayou ...... 29°44.1′ N; 95°08.0′ W 9 ...... Greens Bayou ...... HSC Lt. 152 ...... 29°44.8′ N; 95°10.1′ W 10 ...... Hunting Bayou ...... Hunting Bayou Turning Basin. 29°44.4′ N; 95°12.1′ W 11 ...... Lyondell ...... Sims Bayou Turning Basin...... 29°43.2′ N; 95°14.4′ W 12 ...... I–610 Bridge ...... I–610 Bridge ...... 29°43.5′ N; 95°16.0′ W 13 ...... Buffalo Bayou ...... Houston Turning Basin ...... 29°45.0′ N; 95° 17.4′ W

[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

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TABLE 161.40(c)—VTS BERWICK BAY REPORTING POINTS—Continued

Latitude/lon- Designator Geographic name Geographic description gitude Notes

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. 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 § 161.55 Vessel Traffic Service Puget Francisco. Sound and the Cooperative Vessel Traffic Service for the Juan de The VTS area consists of all the nav- Fuca Region. igable waters of San Francisco Bay Re- gion south of the Mare Island Cause- The Vessel Traffic Service Puget way Bridge and the Petaluma River Sound area consists of the navigable Entrance Channel Daybeacon 19 and waters of the United States bounded by a line drawn from the Washington Petaluma River Entrace Channel Light State coastline at 48°23′08″ N., 124°43′37″ 20 and north of the Dumbarton Bridge; W. on Cape Flattery to the Cape Flat- its seaward approaches within a 38 nau- tery Light at 48°23′30″ N., 124°44′12″ W. tical mile radius of Mount Tamalpais on Tatoosh Island, due west to the U.S. (37–55.8′ N., 122–34.6′ W.); and its navi- Territorial Sea Boundary; thence gable tributaries as far east as the port northward along the U.S. Territorial of Stockton on the San Joaquin River, Sea Boundary to its intersection with as far north as the port of Sacramento the U.S./Canada International Bound- on the Sacramento River. ary; thence east along the U.S./Canada [CGD 90–020, 59 FR 36324, July 15, 1994, as International Boundary through the amended by CGD 95–033, 60 FR 28332, May 31, waters known as the Strait of Juan de 1995] Fuca, Haro Strait, Boundary Pass, and

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the Strait of Georgia to the Wash- (c) Additional VTS Special Area Op- ington State coastline at 49°00′06″ N., erating Requirements. The following 122°45′18″ W. (International Boundary additional requirements are applicable Range C Rear Light). This area in- in the Eastern San Juan Island Archi- cludes: Puget Sound, Hood Canal, Pos- pelago VTS Special Area: session Sound, the San Juan Island Ar- (1) A vessel engaged in towing shall chipelago, Rosario Strait, Guemes not impede the passage of a vessel of Channel, Bellingham Bay, the U.S. 40,000 dead weight tons or more. waters of the Strait of Juan de Fuca (2) A vessel of less than 40,000 dead and the Strait of Georgia, and all weight tons is exempt from the provi- waters adjacent to the above. sion set forth in § 161.13(b)(1) of this (a) Vessel Traffic Service Puget part. Sound participates in a U.S./Canadian (3) A vessel of 100 meters or more in Cooperative Vessel Traffic Service length is exempt from the provisions (CVTS) to jointly manage vessel traffic set forth in § 161.13(b)(3) of this part. in the Juan de Fuca Region. The CVTS (4) Approval will not be granted for: for the Juan de Fuca Region consists of (i) A vessel of 100 meters or more in all waters of the Strait of Juan de Fuca length to meet or overtake a vessel of and its offshore approaches, southern 40,000 dead weight tons or more; Georgia Strait, the Gulf and San Juan (ii) A vessel of 40,000 dead weight tons Archipelagos, Rosario Strait, Boundary or more to meet or overtake a vessel of Pass and Haro Strait, bounded on the 100 meters or more in length; northwest by 48°35′45″ N.; and on the (iii) A vessel of 100 meters or more in southwest by 48°23′30″ N.; and on the length to cross or operate within 2,000 west by the rhumb line joining 48°35′45″ yards (except when crossing astern) of N., 124°47′30″ W. with 48°23′30″ N., a vessel of 40,000 deadweight tons or 124°48′37″ W.; and on the northeast in more; or the Strait of Georgia, by a line drawn (iv) A vessel of 40,000 dead weight along 49° N. from Vancouver Island to tons or more to cross or operate within Semiahmoo Bay; and on the southeast, 2,000 yards (except when crossing by a line drawn from McCurdy Point on astern) of a vessel of 100 meters or the Quimper Peninsula to Point Par- more in length. tridge on Whidbey Island. Canadian (d) Reporting Point. Inbound vessels and United States Vessel Traffic Cen- in the Strait of Juan de Fuca upon ters (Tofino, B.C., Canada, Vancouver, crossing 124–W. BC, Canada and Seattle, WA) manage [CGD 90–020, 59 FR 36324, July 15, 1994, as traffic within the CVTS area irrespec- amended by USCG–1998–3799, 63 FR 35531, tive of the International Boundary. June 30, 1998; USCG–2011–1024, 78 FR 51671, (b) VTS Special Area: The Eastern Aug. 21, 2013; USCG–2014–0410, 79 FR 38442, San Juan Island Archipelago VTS Spe- July 7, 2014] cial Area consists of all waters of the eastern San Juan Island Archipelago § 161.60 Vessel Traffic Service Prince including: Rosario Strait bounded to William Sound. the south by latitude 48°26.40′ N. (the (a) The VTS area consists of the nav- center of the Precautionary Area igable waters of the United States ‘‘RB’’) extending from Lopez Island to north of a line drawn from Cape Fidalgo Island, and to the north by Hinchinbrook Light to Schooner Rock latitude 48°40.57′ N. (the center of the Light, comprising that portion of Precautionary Area ‘‘C’’) extending Prince William Sound between 146°30′ from Orcas Island to Lummi Island; W. and 147°20′ W. and includes Valdez Guemes Channel; Bellingham Channel; Arm, Valdez Narrows and Port Valdez. Padilla Bay and southern Bellingham (b) The Valdez Arm VTS Special Area Bay (Samish Bay) south of latitude consists of the waters of the Valdez 48°38.42′N. Arm Traffic Separation Scheme (described in § 167.1703 of this chapter); the NOTE: The center of precautionary area ‘‘RB’’ is not marked by a buoy. All pre- waters northeast of a line drawn from cautionary areas are depicted on National shoreline to shoreline through the Oceanic and Atmospheric Administration points 60°58.04′ N, 146°46.52′ W and (NOAA) nautical charts. 60°58.93′ N, 146°48.86′ W; and southwest

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of a line bearing 307° True from Tongue (i) Approval to enter this area will Point at 61°02.10′ N, 146°40.00′ W. not be granted to a vessel when a tank (c) The Valdez Narrows VTS Special vessel of more than 20,000 deadweight Area consists of those waters of Valdez tons is navigating therein; Arm, Valdez Narrows, and Port Valdez (ii) A northbound vessel shall remain northeast of a line bearing 307° True south of 61° N. until the VTS has grant- from Tongue Point at 61°02′06″ N., ed permission to proceed; and 146°40′ W.; and southwest of a line bear- (iii) A southbound vessel shall re- ing 307° True from Entrance Island main in Port Valdez east of 146°35′ W. Light at 61°05′06″ N., 146°36′42″ W. and north of 61°06′ N. until the VTS has (d) Additional VTS Special Area Op- granted permission to proceed. erating Requirements. The following (3) Paragraph (c)(2) of this section ap- additional requirements are applicable plies to— in the Valdez Narrows VTS Special (i) A vessel of 1600 gross tons or more; Area: and (1) No VMRS User shall proceed (ii) A towing vessel of 8 meters or north of 61° N. without prior approval more in length, except for a vessel per- of the VTS. forming duties as an escort vessel as (2) For a vessel listed in paragraph defined in 33 CFR Part 168. (c)(3) of this section— (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..

[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; USCG– 2015–0433, 80 FR 44282, July 27, 2015]

§ 161.65 Vessel Traffic Service Lower stage or 9.0 feet or above on a falling Mississippi River. stage, or under any other water condi- (a) The Vessel Traffic Service (VTS) tions the Captain of the Port (COTP) area consists of navigable waters of the deems necessary. Lower Mississippi River (LMR) below (c) Additional Algiers Point VTS Special 30°38.7′ N 91°17.5′ W (Port Hudson Light Area Operating Requirements. The fol- at 254.5 miles Above Head of Passes lowing additional requirements are ap- (AHP)), the Southwest Pass, and those plicable in the Algiers Point VTS Spe- within a 12-nautical mile radius around cial Area: 28°54.3′ N 89°25.7′ W (Southwest Pass En- (1) A vessel movement reporting sys- trance Light at 20.1 miles Below Head tem (VMRS) user must abide by the of Passes). signals of the Governor Nicholls Street (b) The Algiers Point VTS Special Wharf, 29°57.6′ N 90°03.4′ W, and Gretna, Area consists of the navigable waters 29°55.5′ N 90°03.7′ W, Control Lights (94.3 of the LMR bounded on the north by a and 96.6 miles AHP, respectively) in the line drawn from 29°57.62′ N 90°02.61′ W to following manner: 29°57.34′ N 90°02.60′ W and on the south by a line drawn from 29°56.89′ N 90°03.72′ (i) Green Light—May proceed as in- W to 29°56.93′ N 90°03.34′ W (95.0 and 93.5 tended. miles AHP) during periods of high (ii) Red Light—Do not proceed, unless water—that is, when the Carrolton otherwise directed by the VTS. Gage reads 8.0 feet or above on a rising

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(iii) No Light—Do not proceed, imme- vise the vessel on traffic approaching diately notify VTS and await further Eighty-one Mile Point. directions. (2) Prior to proceeding downriver past 187.9 miles AHP COS–MAR Lights, NOTE TO § 161.65(c)(1): To provide advance vessels must contact VTS New Orleans notification to downbound vessels, a traffic repeater signal of Gretna Light is located at on VHF Channel 5A to check-in. Ves- Westwego, LA, 29°54.8′ N; 90°08.3′ W (101.4 sels must provide name and destina- miles AHP). tion, confirm proper operation of their AIS if required under 33 CFR 164.46, (2) A vessel awaiting a signal change and, if applicable, size of tow and num- or VTS directions must keep clear of ber of loaded and empty barges. At other vessels transiting the area. 183.9 miles AHP, Wyandotte Chemical (d) The Eighty-one Mile Point VTS Dock Lights, descending vessels must Special Area consists of navigable contact VTS New Orleans and provide waters of the LMR between 167.5 miles a follow-on position check. At both AHP and 187.9 miles AHP. check-in and follow-on position check, (e) Additional Eighty-one Mile Point VTS New Orleans will advise the vessel VTS Special Area Operating Require- on traffic approaching Eighty-one Mile ments. The following additional re- Point. quirements are applicable in the (3) All vessels getting underway be- Eighty-one Mile Point VTS Special tween miles 167.5 and 187.9 AHP must Area: check-in with VTS New Orleans on (1) Prior to proceeding upriver past VHF Channel 5A immediately prior to 167.5 miles AHP, Sunshine Bridge, ves- getting underway and must comply sels must contact VTS New Orleans on with the respective ascending and de- VHF Channel 5A to check-in. Vessels scending check-in and follow-on points must provide name and destination, listed in paragraphs (e)(1) and (2) of confirm proper operation of their auto- this section. mated identification system (AIS) if (4) Fleet vessels must checkin with required under 33 CFR 164.46, and, if ap- VTS New Orleans if they leave their re- plicable, size of tow and number of spective fleet or if they move into the loaded and empty barges. At 173.7 miles main channel. Fleet vessels are not re- AHP, Bringier Point Light, ascending quired to checkin if they are operating vessels must contact VTS New Orleans exclusively within their fleet. and provide a follow-on position check. (f) Reporting Points. Table 161.65(f) At both check-in and follow-on posi- lists the VTS Lower Mississippi River tion check, VTS New Orleans will ad- Reporting Points.

TABLE 161.65(f)—VTS LOWER MISSISSIPPI RIVER REPORTING POINTS

Geographic Designator Geographic name description Latitude/longitude/mile marker Notes

A ...... Algiers Canal Forebay ... 88.0 AHP ...... 29°55.40′ N; 89°57.7′ W ...... Upbound transiting Algiers Point Special Area. B ...... Industrial Canal ...... 92.7 AHP ...... 29°57.2′ N; 90°01.68′ W ...... Upbound transiting Algiers Point Special Area. C ...... Crescent Towing Smith 93.5 AHP ...... 29°57.50′ N; 90°02.62′ W ...... Upbound Towing vessels transiting Fleet. Algiers Point Special Area. D ...... Marlex Terminal (Naval 99.0 AHP ...... 29°54.65′ N; 90°05.87′ W ...... Downbound transiting Algiers Ships). Point Special Area. E ...... Huey P Long Bridge ...... 106.1 AHP ..... 29°56.6′ N; 90°10.1′ W ...... Downbound transiting Algiers Point Special Area.

[USCG–1998–4399, 75 FR 66314, Oct. 28, 2010, as amended at 76 FR 31230, May 31, 2011]

§ 161.70 Vessel Traffic Service Port Ar- by the following points: 30°10.00′ N., thur. 92°37.00′ W.; then south to 29°10.00′ N., ° ′ ° ′ (a) The VTS area consists of the nav- 92 37.00 W.; then west to 29 10.00 N., ° ′ ° ′ igable waters of the United States to 93 52.25 W.; then northwest to 29 33.70 ° ′ ° ′ the limits of the territorial seas bound N., 94 21.25 W.; then north to 30 10.00

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N., 94°21.25′ W.; then east along the States, prospective users are encouraged to 30°10′ N. latitude to the origination report at the safe water marks in order to fa- point. cilitate vessel traffic management in the VTS Area and to receive advisories or navi- NOTE: Although mandatory participation gational assistance. in VTS Port Arthur is limited to the area (b) Precautionary areas. within the navigable waters of the United

TABLE 161.70(b)—VTS PORT ARTHUR PRECAUTIONARY AREAS

Center point Center point Precautionary area name Radius latitude longitude

Petco Bend (1) ...... 2000 yds 30°00.80′ N. 93°57.60′ W. Black Bayou (1) ...... 2000 yds 30°00.00′ N. 93°46.20′ W. Orange Cut (1) ...... 2000 yds 30°03.25′ N. 93°43.20′ W. Neches River Intersection (1) ...... 2000 yds 29°58.10′ N. 93°51.25′ W. Texaco Island Intersection (1) ...... 2000 yds 29°49.40′ N. 94°57.55′ W.

Sabine-Neches Waterway ...... N/A All waters of the Sabine-Neches Waterway between the Texaco Island Precautionary Area and the Humble Island Precautionary Area. 1 Precautionary Area encompasses a circular area of the radius denoted around the center point with the exception of the Sabine-Neches Waterway.

TABLE 161.70(c)—INBOUND

Latitude/ Designator Geographic name Geographic description longitude Notes

1 ...... Sabine Bank Channel ‘‘SB’’ Sabine Bank Sea Buoy ...... 29°25.00′ N. Sailing Plan Re- Buoy. 93°40.00′ W. port 2 ...... Sabine Pass Buoys ‘‘29/30’’ ...... Sabine Pass Buoys ‘‘29/30’’ ...... 29°35.90′ N. 93°48.20′ W. 3 ...... Port Arthur Canal Light ‘‘43’’ ...... Keith Lake ...... 29°46.50′ N. 93°56.47′ W. 4 ...... North Forty GIWW Mile 279 ...... North Forty ...... 29°56.40′ N. 93°52.10′ W. 5 ...... FINA Highline Neches River FINA Highline ...... 29°59.10′ N. Light ‘‘19’’. 93°54.30′ W. 6 ...... Ready Reserve Fleet Highline ... Channel at Cove Mid-Point ...... 30°00.80′ N. 93°59.90′ W. 7 ...... Sabine River MM 268 ...... 268 Highline ...... 30°02.20′ N. 93°44.30′ W.

(d) Reporting points (Outbound).

TABLE 161.70(d)—OUTBOUND

Latitude/ Designator Geographic name Geographic description longitude Notes

1 ...... Sabine River Light ‘‘2’’ ...... Black Bayou ...... 30°00.00′ N. 93°46.25′ W. 2 ...... Ready Reserve Fleet Highline ... Channel at Cove Mid-Point ...... 30°00.80′ N. 93°59.90′ W. 3 ...... FINA Highline Neches River FINA Highline ...... 29°59.09′ N. Light ‘‘19’’. 93°54.30′ W. 4 ...... GIWW Mile 285 ...... The School House ...... 29°52.70′ N. Sector Shift 93°55.55′ W. 5 ...... Port Arthur Canal Light ‘‘43’’ ...... Keith Lake ...... 29°46.50′ N. 93°56.47′ W. 6 ...... Sabine Pass Buoys ‘‘29/30’’ ...... Sabine Pass Buoys ‘‘29/30’’ ...... 29°35.90′ N. 93°48.20′ W. 7 ...... Sabine Bank Channel ‘‘SB’’ Sabine Bank Sea Buoy ...... 29°25.00′ N. Final Report Buoy. 93°40.00′ W.

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(e) Reporting points (Eastbound).

TABLE 161.70(e)—EASTBOUND (ICW)

Latitude/ Designator Geographic name Geographic description longitude Notes

1 ...... GIWW Mile 295 ...... ICW MM 295 ...... 29°47.25′ N. Sailing Plan Re- 94°01.10′ W. port. 2 ...... North Forty GIWW Mile 279 ...... North Forty ...... 29°56.40′ N. 93°52.10′ W. 3 ...... Sabine River MM 268 ...... 268 Highline ...... 30°02.20′ N. 93°44.30′ W. 4 ...... GIWW Mile 260 ...... 260 Highline ...... 30°03.50′ N. Final Report. 93°37.50′ W.

(f) Reporting points (Westbound).

TABLE 161.70(f)—WESTBOUND (ICW)

Latitude/ Designator Geographic name Geographic description longitude Notes

1 ...... GIWW Mile 260 ...... 260 Highline ...... 30°03.50′ N. Sailing Plan Re- 93°37.50′ W. port. 2 ...... Sabine River Light ‘‘2’’ ...... Black Bayou ...... 30°00.03′ N. 93°46.18′ W. 3 ...... GIWW Mile 285 ...... The School House ...... 29°52.71′ N. Sector Shift. 93°55.55′ W. 4 ...... GIWW Mile 295 ...... ICW MM 295 ...... 29°46.20′ N. Final Report. 94°02.60′ W.

(g) Reporting points (Offshore Safety Fairway).

TABLE 161.70(g)—OFFSHORE SAFETY FAIRWAY

Latitude/ Designator Geographic name Geographic description longitude Notes

1 ...... Sabine Pass Safety Fairway— East Dogleg ...... 29°35.00′ N. East. 93°28.00′ W. 2 ...... Sabine Pass Safety Fairway— West Dogleg ...... 29°28.00′ N. West. 93°58.00′ W.

[78 FR 51671, Aug. 21, 2013] 162.65 All waterways tributary to the Atlan- tic Ocean south of Chesapeake Bay and all waterways tributary to the Gulf of PART 162—INLAND WATERWAYS Mexico east and south of St. Marks, Fla. NAVIGATION REGULATIONS 162.75 All waterways tributary to the Gulf of Mexico (except the Mississippi River, Sec. its tributaries, South and Southwest 162.1 General. Passes and the Atchafalaya River) from 162.5 Definitions. St. Marks, Fla., to the Rio Grande. 162.80 Mississippi River below mouth of 162.15 Manhasset Bay, N.Y.; seaplane re- Ohio River, including South and South- stricted area. west Passes. 162.20 Flushing Bay near La Guardia Air- 162.85 Yazoo Diversion Canal, Vicksburg, port, Flushing, N.Y.; restricted area. Miss., from its mouth at Kleinston Land- 162.30 Channel of Tuckerton Creek, N.J.; ing to Fisher Street; navigation. navigation. 162.90 White River, Arkansas Post Canal, 162.35 Channel of Christina River, Del.; Arkansas River, and Verdigris River be- navigation. tween Mississippi River, Ark., and 162.40 Inland waterway from Delaware Catoosa, Okla.; use, administration, and River to Chesapeake Bay, Del. and Md. navigation. (Chesapeake and Delaware Canal). 162.100 Ohio River at Louisville, KY.

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162.105 Missouri River; administration and SOURCE: CGD 75–082, 42 FR 51759, Sept. 29, navigation. 1977, unless otherwise noted. 162.110 Duluth-Superior Harbor, Minnesota and Wisconsin. § 162.1 General. 162.115 Keweenaw Waterway, Mich. 162.117 St. Marys River, Sault Ste. Marie, Geographic coordinates expressed in Michigan. terms of latitude or longitude, or both, 162.120 Harbors on Lake Michigan. are not intended for plotting on maps 162.125 Sturgeon Bay and the Sturgeon Bay or charts whose referenced horizontal Ship Canal, Wisc. datum is the North American Datum of 162.130 Connecting waters from Lake Huron 1983 (NAD 83), unless such geographic to Lake Erie; general rules. coordinates are expressly labeled NAD 162.132 Connecting waters from Lake Huron to Lake Erie; communications rules. 83. Geographic coordinates without the 162.134 Connecting waters from Lake Huron NAD 83 reference may be plotted on to Lake Erie; traffic rules. maps or charts referenced to NAD 83 162.136 Connecting waters from Lake Huron only after application of the appro- to Lake Erie; anchorage grounds. priate corrections that are published 162.138 Connecting waters from Lake Huron on the particular map or chart being to Lake Erie; speed rules. used. 162.140 Connecting waters from Lake Huron to Lake Erie; miscellaneous rules. [CGD 86–082, 52 FR 33811, Sept. 8, 1987] 162.145 Monroe Harbor, Mich. 162.150 Maumee Bay and River, Ohio. § 162.5 Definitions. 162.155 Sandusky and Huron Harbors, Ohio. 162.160 Vermilion, Lorain, Cleveland, The following definition applies to Fairport, Ashtabula, and Conneaut Har- this part: bors, Ohio. Merchant mariner credential or MMC 162.165 Buffalo and Rochester Harbors, New means the credential issued by the York. Coast Guard under 46 CFR part 10. It 162.175 Black Rock Canal and Lock at Buf- falo, New York. combines the individual merchant 162.195 Santa Monica Bay, Calif.; restricted mariner’s document, license, and cer- area. tificate of registry enumerated in 46 162.200 Marina del Ray, Calif.; restricted U.S.C. subtitle II part E as well as the area. STCW endorsement into a single cre- 162.205 Suisun Bay, San Joaquin River Sac- dential that serves as the mariner’s ramento River, and connecting waters, CA. qualification document, certificate of 162.210 Lake Tahoe, Calif.; restricted areas identification, and certificate of serv- along south shore. ice. 162.215 Lake Tahoe, Nev.; restricted area adjacent to Nevada Beach. [USCG–2006–24371, 74 FR 11212, Mar. 16, 2009] 162.220 Hoover Dam, Lake Mead, and Lake Mohave (Colorado River), Ariz.-Nev. § 162.15 Manhasset Bay, N.Y.; seaplane 162.225 Columbia and Willamette Rivers, restricted area. Washington and Oregon; administration (a) The restricted area. An area in and navigation. Manhasset Bay between the shore at 162.230 Columbia River, Wash. Manorhaven on the north and the 162.235 Puget Sound Area, Wash. 162.240 Tongass Narrows, Alaska; naviga- southerly limit line of the special an- tion. chorage area in Manhasset Bay, west 162.245 Kenai River, Kenai, Alaska; use, ad- area at Manorhaven (described in ministration, and navigation. § 110.60 of this chapter), on the south; 162.250 Port Alexander, Alaska; speed of its axis being a line bearing 166°50′ true vessels. from latitude 40°50′17.337 N, longitude 162.255 Wrangell Narrows, Alaska; use, ad- 73°43′03.877 W, which point is on the ministration, and navigation. 162.260 Channel leading to San Juan Harbor, south side of Orchard Beach Boulevard P.R.; use, administration, and naviga- at Manorhaven; and being 100 feet wide tion. for a distance of 380 feet in a southerly 162.270 Restricted areas in vicinity of Mari- direction from the south side of Or- time Administration Reserve Fleets. chard Beach Boulevard, and thence AUTHORITY: 33 U.S.C. 1231; Department of flaring to a width of 300 feet at the Homeland Security Delegation No. 0170.1. southerly limit line.

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(b) The regulations. (1) Vessels shall other vessel. Vessels of all types, in- not anchor or moor within the re- cluding pleasure craft, are required to stricted area. travel at all times at a safe speed (2) All vessels traversing the area throughout the canal and its ap- shall pass directly through without un- proaches so as to avoid damage by suc- necessary delay, and shall give sea- tion or wave wash to wharves, land- planes the right-of-way at all times. ings, riprap protection, or other boats, or injury to persons. Pilots and vessel [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as amended by USCG–2008–0179, 73 FR 35016, operators transiting the canal and its June 19, 2008] approaches are warned that violation of this rule may result in having their § 162.20 Flushing Bay near La Guardia privilege to transit the canal sus- Airport, Flushing, N.Y.; restricted pended. Passages of vessels through the area. canal will be monitored and specific (a) The area. An area in the main cases will be investigated where dam- channel in Flushing Bay extending for age by suction or wave wash does a distance of 300 feet on either side of occur. Owners and operators of yachts, the extended center line of Runway No. motorboats, rowboats and other craft 13–31 at La Guardia Airport. are cautioned that large deep draft (b) The regulations. (1) All vessels tra- ocean-going vessels and other large versing the area shall pass directly commercial vessels ply the canal, and through without unnecessary delay. such owners and operators should be (2) No vessels having a height of more particularly careful to moor or anchor than 35 feet with reference to the plane well away from the main ship channels, of mean high water shall enter or pass with moorings and lines which are suf- through the area whenever visibility is ficient and proper. less than one mile. (c) Right-of-way. All vessels proceeding with the current shall have the [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as right-of-way over those proceeding amended by USCG–2011–0257, 76 FR 31838, against the current. Large vessels or June 2, 2011] tows must not overtake and attempt to § 162.30 Channel of Tuckerton Creek, pass other large vessels or tows in the N.J.; navigation. waterway. All small pleasure craft shall relinquish the right-of-way to (a) Power boats or other vessels pro- deeper draft vessels, which have a lim- pelled by machinery shall not proceed ited maneuvering ability due to their at any time within the limits of these draft and size. waters at a greater speed than 8 stat- (d) Stopping in waterway. Vessels will ute miles per hour. not be permitted to stop or anchor in § 162.35 Channel of Christina River, the ship channel. Del.; navigation. (e) Water skiing. Water skiing in the waterway is prohibited between Reedy (a) That vessels of over 20 tons capac- Point and Welch Point. ity, propelled by machinery, shall not (f) Sailboats. Transiting the canal by proceed at any time within the limits vessels under sail is not permitted be- of these waters at a greater speed than tween Reedy Point and Welch Point. 8 statute miles per hour. NOTE: The Corps of Engineers also has regulations dealing with this section in 33 CFR § 162.40 Inland waterway from Dela- Part 207. ware River to Chesapeake Bay, Del. and Md. (Chesapeake and Delaware § 162.65 All waterways tributary to the Canal). Atlantic Ocean south of Chesapeake (a) Applicability. The regulations in Bay and all waterways tributary to this section are applicable to that part the Gulf of Mexico east and south of of the inland waterway from Delaware St. Marks, Fla. River to Chesapeake Bay, Del. and Md., (a) Description. This section applies to between Reedy Point, Delaware River, the following: and Old Town Point Wharf, Elk River. (1) Waterways. All navigable waters of (b) Speed. No vessel in the waterway the United States, natural or artificial, shall be raced or crowded alongside an- including bays, lakes, sounds, rivers,

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creeks, intracoastal waterways, as well shortened so that the different parts of as canals and channels of all types, the tow shall be as close together as which are tributary to or connected by possible. In narrow sections, no vessel other waterways with the Atlantic or raft shall be tied abreast of another. Ocean south of Chesapeake Bay or with (iv) Lights shall be displayed in ac- the Gulf of Mexico east and south of cordance with provisions of the Naviga- St. Marks, Florida. tion Rules (33 CFR Subchapter E). (2) United States property. All river (v) No vessel, even if fastened to the and harbor lands owned by the United bank as prescribed in paragraph States in or along the waterways de- (b)(2)(i) of this section, shall be left scribed in paragraph (a)(1) of this para- without a sufficient crew to care for it graph, including lock sites and all properly. structures thereon, other sites for Gov- (vi) Vessels will not be permitted to ernment structures and for the accom- load or unload in any of the land cuts modation and use of employees of the except as a regular established landing United States, and rights of way and or wharf without written permission spoil disposal areas to the extent of secured in advance from the District Federal interest therein. Commander. (3) Vessels and rafts. The term ‘‘ves- (vii) No vessel, regardless of size, sel’’ as used in this section includes all shall anchor in a dredged channel or floating things moved over these wa- narrow portion of a waterway for the terways other than rafts. purpose of fishing, if navigation is ob- (b) Waterways—(1) Fairway. A clear channel shall at all times be left open structed, thereby. to permit free and unobstructed navi- (viii) Except in cases of emergency gation by all types of vessels and rafts the dropping of anchors, weights, or that normally use the various water- other ground tackle, within areas occu- ways or sections thereof. The District pied by submarine cable or pipe cross- Commander may specify the width of ings, is prohibited. Such crossings will the fairway required in the various wa- ordinarily be marked by signboards on terways under his charge. each bank of the shore or indicated on (2) Stoppage in waterway, anchorage or coast charts. mooring. (i) No vessels or rafts shall an- (3) Speed. (i) Vessels shall proceed at chor or moor in any of the land cuts or a speed which will not endanger other other narrow parts of the waterway, vessels or structures and will not inter- except in case of an emergency. When- fere with any work in progress incident ever it becomes necessary for a vessel to maintaining, improving, surveying or raft to stop in any such portions of or marking the channel. the waterway it shall be securely fas- (ii) Official signs indicating limiting tened to one bank and as close to the speeds through critical portions of the bank as possible. This shall be done waterways shall be strictly obeyed. only at such a place and under such (iii) Vessels approaching and passing conditions as will not obstruct or pre- through a bridge shall so govern their vent the passage of other vessels or speed as to insure passage through the craft. Stoppages shall be only for such bridge without damage to the bridge or periods as may be necessary. its fenders. (ii) No vessel or raft will be allowed (4) Assembly and handling of tows. (i) to use any portion of the fairway as a All vessels drawing tows and equipped mooring place except temporarily as with rudders shall use two tow lines or authorized above without the written a bridle and shorten them to the great- permission from the District Com- est possible extent so as to have full mander. control at all times. The various parts (iii) When tied up, all vessels must be of a tow shall be securely assembled moored by bow and stern lines. Rafts with the individual units connected by and tows shall be secured at suffi- lines as short as practicable. If nec- ciently close intervals to insure their essary, as in the case of lengthy or not being drawn away from the bank cumbersome tows or tows in restricted by winds, currents or the suction of channels, the District Commander may passing vessels. Tow lines shall be require that tows be broken up and

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may require the installation of a rud- NOTE: The Corps of Engineers also has reg- der, drag or other approved steering de- ulations dealing with this section in 33 CFR vice on the tow in order to avoid ob- Part 207. structing navigation or damaging the [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as property of others, including aids to amended by CGD 93–072, 59 FR 39963, Aug. 5, navigation maintained by the United 1994; USCG–2000–7223, 65 FR 40058, June 29, 2000; USCG–2015–0433, 80 FR 44282, July 27, States or under its authorization, by 2015] collision or otherwise. (ii) No tow shall be drawn by a vessel § 162.75 All waterways tributary to the that has insufficient power or crew to Gulf of Mexico (except the Mis- permit ready maneuverability and safe sissippi River, its tributaries, South handling. and Southwest Passes and Atchafalaya River) from St. Marks, (iii) Tows desiring to pass a bridge Fla., to the Rio Grande. shall approach the opening along the axis of the channel so as to pass (a) The regulations in this section through without danger of striking the shall apply to: bridge or its fenders. No vessel or tow (1) Waterways. All navigable waters of shall navigate through a drawbridge the U.S. tributary to or connected by until the movable span is fully opened. other waterways with the Gulf of Mex- ico between St. Marks, Fla., and the (iv) In the event that it is evident to Rio Grande, Tex. (both inclusive), and the master of a towing vessel that a the Gulf Intracoastal Waterway; except tow cannot be safely handled through a the Mississippi River, its tributaries, bridge, it will be brought to anchor and South and Southwest Passes, and the the towed vessels will be taken through Atchafalaya River above its junction the bridge in small units, or singly if with the Morgan City-Port Allen necessary, or the tow will wait until Route. navigation conditions have improved (2) Bridges, wharves, and other struc- to such an extent that the tow can pass tures. All bridges, wharves, and other through the bridge without damage. structures in or over these waterways. (5) Projections from vessels. No vessel (3) Vessels. The term ‘‘vessels’’ as carrying a deck load which overhangs used in this section includes all float- or projects over the side of said vessel, ing craft other than rafts. or whose rigging projects over the side (b) Waterways: of the vessel so as to endanger passing (1) A clear channel shall at all times vessels, wharves or other property, will be left open to permit free and unob- enter or pass through any of the nar- structed navigation by all types of ves- row parts of the waterway. sels and tows normally using the var- (6) Meeting and passing. Vessels, on ious waterways covered by the regula- meeting or overtaking, shall give the tions of this section proper signals and pass in accordance (2) Fairway: The District Commander with the Navigation Rules (33 CFR may specify the width of the fairway Subchapter E). Rafts shall give to ves- required in the various waterways sels the side demanded by proper sig- under his charge. nal. All vessels approaching dredges or (3) Anchoring or mooring: other plant engaged on improvements (i) Vessels or tows shall not anchor to a waterway, shall give the signal for or moor in any of the land cuts or passing and slow down sufficiently to other narrow parts of the waterway, stop if so ordered or if no answering except in an emergency, or with per- signal is received. On receiving the an- mission of the District Commander. swering signal, they shall then proceed Whenever it becomes necessary for a to pass at a speed sufficiently slow to vessel or tow to stop in any such portions of the waterway, it shall be se- insure safe navigation. curely fastened to one bank and as close to the bank as possible. This shall be done only at such a place and under such conditions as will not obstruct or prevent the passage of other vessels or

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tows. Stoppages shall be only for such for each overlength or overwidth move- periods as may be necessary. ment. In addition, the following excep- (ii) When tied up individually, all tions are allowed: vessels and tows shall be moored by (ii) Gulf Intracoastal Waterway—Be- bow and stern lines. Tows shall be se- tween mile 6.2 EHL (Inner Harbor Navi- cured at sufficiently frequent intervals gation Canal Lock) and mile 33.6 EHL to insure their not being drawn away tows of 78 feet in width will be allowed. form the bank by winds, currents, or (iii) Gulf Intercoastal Waterway—Be- the suction of passing vessels. Lines tween mile 33.6 EHL and the Mobile shall be shortened so that the various Bay Ship Channel, tows of 108 feet in barges in a tow will be as close to- width will be allowed if under 750 feet gether as possible. in length including the towboat but ex- (iii) Lights shall be displayed in ac- cluding the length of the hawser. cordance with provisions of the Inland (iv) Gulf Intracoastal Waterway—Mo- Navigation Rules (33 CFR Subchapter bile Bay Ship Channel to St. Marks, E). Fla., for tows made up of empty barges (iv) Whenever any vessel or tow is on the off or shallow side, a width of 75 moored to the bank (paragraph (b)(3)(i) feet will be allowed. of this section) at least one crew mem- (v) All vessels pulling tows not ber shall always remain on board to see equipped with rudders in restricted that proper signals are displayed and channels and land cuts shall use two that the vessel or tow is properly towlines, or a bridle on one towline, moored at all times. shortened as much as safety of the tow- (v) No vessel, regardless of size, shall ing vessel permits, so as to have max- anchor in a dredged channel or narrow imum control at all times. The various portion of a waterway for the purpose parts of a tow shall be securely assem- of fishing if navigation is obstructed bled with the individual units con- thereby. nected by lines as short as practicable. (4) Speed: Speeding in narrow sec- In open water, the towlines and fas- tions is prohibited. Official signs indi- tenings between barges may be length- cating limited speeds shall be obeyed. ened so as to accommodate the wave Vessels shall reduce speed sufficiently surge. In the case of lengthy or cum- to prevent damage when passing other bersome tows, or tows in restricted vessels or structures in or along the channels, the District Commander may waterway. require that tows be broken up, and (5) Size, assembly, and handling of may require the installation of a rud- tows: der or other approved steering device (i) On waterways 150 feet wide or less, on the tow in order to avoid obstruct- tows which are longer than 1,180 feet, ing navigation or damaging the prop- including the towing vessel, but ex- erty of others. Pushing barges with cluding the length of the hawser, or towing vessel astern, towing barges wider than one-half of the bottom with towing vessel alongside, or push- width of the channel or 55 feet, which- ing and pulling barges with units of the ever is less will not be allowed, except tow made up both ahead and astern of when the District Commander has the towing vessel are permissible pro- given special permission or the water- vided that adequate power is employed way has been exempted from these re- to keep the tows under full control at strictions by the District Commander. all times. No tow shall be drawn by a Before entering any narrow section of vessel that has insufficient power or the Gulf Intracoastal Waterway, tows crew to permit ready maneuverability in excess of one-half the channel width, and safe handling. or 55 feet, will be required to stand by (vi) All tows navigating the Pass until tows which are less than one-half Manchac bridges in Louisiana are lim- the channel width or 55 feet wide have ited to no more than two barges, not to cleared the channel. When passing is exceed a combined tow length of 400 necessary in narrow channels, feet (excluding the towboat). Vessel op- overwidth tows shall yield to the max- erators for tows exceeding these limits imum. Separate permission must be re- must request and receive permission ceived from the District Commander from the COTP New Orleans prior to

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navigating the bridges. Requests a guard shall be on board at all times should be made by telephoning the to ensure that proper signals are dis- COTP at 504–846–5923. Any decision played and that the vessels are se- made by the COTP is final agency ac- curely and adequately moored. tion. (2) Vessels may be moored any time (6) Projections from vessels: Vessels at facilities constructed in accordance or tows carrying a deck load which with an approved navigation permit or overhangs or projects over the side, or as authorized by the District Com- whose rigging projects over the side, so mander. When so moored, each vessel as to endanger passing vessels, shall have sufficient fastenings to pre- wharves, or other property, shall not vent the vessels from breaking loose by enter or pass through any of the nar- wind, current, wave action, suction row parts of the waterway without from passing vessels or any other prior approval of the District Com- forces which might cause the vessel to mander. break its mooring. The number of ves- (7) Meeting and passing: Passing vessels in one fleet and the width of the sels shall give the proper signals and fleet of vessels tied abreast shall not pass in accordance with the Inland extend into the fairway or be greater Navigation Rules (33 CFR Subchapter than allowed under the permit. E), where applicable. At certain inter- (3) Mariners should report imme- sections where strong currents may be diately by radio or fastest available encountered, sailing directions may be means to the lockmaster at Old River issued through navigation bulletins or Lock or to any government patrol or signs posted on each side of the inter- survey boat in the vicinity any emer- sections. gency mooring or vessels drifting un- controlled within the area described in NOTE: The Corps of Engineers also has reg- paragraph (a)(1) of this section. It is ulations dealing with this section in 33 CFR 207. the responsibility and duty of the master of a towing vessel releasing or [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as mooring a vessel in this reach of the amended by CGD 78–050, 45 FR 43167, June 26, Mississippi River to report such action 1980; USCG–2000–7223, 65 FR 40058, June 29, 2000; USCG–2008–0179, 73 FR 35016, June 19, immediately. 2008; USCG–2015–0433, 80 FR 44282, July 27, (b) Mooring on Mississippi River below 2015] Baton Rouge, La., including South and Southwest Passes. (1) When tied up indi- § 162.80 Mississippi River below mouth vidually or in fleets, vessels shall be of Ohio River, including South and moored with sufficient lines and shore Southwest passes. fastenings to insure their remaining in (a) Mooring on the Mississippi River be- place and withstanding the action of tween miles 311.5 AHP and 340.0 AHP. (1) winds, currents and the suction of pass- No vessel or craft shall moor along ei- ing vessels. ther bank of the Mississippi River be- NOTE: The Corps of Engineers also has reg- tween miles 311.5 AHP and mile 340.0 ulations dealing with this section in 33 CFR AHP except in case of an emergency, Part 207. pursuant to an approved navigation (Sec. 7, 38 Stat. 1053, as amended, (33 U.S.C. permit, or as authorized by the District 471); Sec. 6(g)(1)(A) 80 Stat 937, (49 U.S.C. Commander. Vessels may be moored 1655(g)(1)(A); Sec. 12, 92 Stat. 1471, (33 U.S.C. any place outside the navigation chan- 1231); 49 CFR 1.46 (c)(1) and (n)(4)) nel in this reach in case of an emer- [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as gency and then for only the minimum amended by CGD 77–028, 46 FR 49851, Oct. 8, time required to terminate the emer- 1981; CGD8 87–09, 53 FR 15555, May 2, 1988] gency. When so moored, all vessels shall be securely tied with bow and § 162.85 Yazoo Diversion Canal, Vicks- stern lines of sufficient strength and burg, Miss., from its mouth at fastenings to withstand currents, Kleinston Landing to Fisher Street; winds, wave action, suction from pass- navigation. ing vessels or any other forces which (a) Speed. Excessive speeding is pro- might cause the vessels to break their hibited. A vessel shall reduce its speed moorings. When vessels are so moored, sufficiently to prevent any damage

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when approaching another vessel in shall be securely fastened to one bank motion or tied up, a wharf or other and as close to the bank as possible. structure, works under construction, This shall be done only at such a place plant engaged in river and harbor im- and under such conditions as will not provement, levees, floodwalls with- obstruct or prevent the passage of standing floodwaters, buildings sub- other vessels or rafts. Stoppages shall merged or partially submerged by high be only for such periods as may be nec- waters, or any other structure or im- essary. provement likely to be damaged by col- (ii) Except temporarily, as authorized lision, suction, or wave action. in paragraph (b)(2)(i) of this section, no vessel or raft will be allowed to use any NOTE: The Corps of Engineers also has regulations dealing with this section in 33 CFR portion of the fairway as a mooring Part 207. place without written permission from the District Commander. § 162.90 White River, Arkansas Post (iii) When tied up individually, all Canal, Arkansas River, and Verdi- vessels shall be moored by bow and gris River between Mississippi stern lines. Rafts and tows shall be se- River, Ark., and Catoosa, Okla.; use, cured at sufficiently close intervals to administration, and navigation. insure their not being drawn away (a) The regulations in this section from the bank by winds, currents, or shall apply to: the suction of passing vessels. Towlines (1) Waterways. White River between shall be shortened so that the different Mississippi River and Arkansas Post parts of the tow will be as close to- Canal, Ark.; Arkansas Post Canal, gether as possible. In narrow sections, Ark.; Arkansas River between Arkan- no vessel or raft shall be tied abreast of sas Post Canal, Ark., and Verdigris another if the combined width of ves- River, Okla.; Verdigris River between sels or rafts is greater than 70 feet. Arkansas River and Catoosa, Okla.; (iv) When a vessel is moored under an and reservoirs on these waterways be- emergency condition, as provided in tween Mississippi River Ark., and paragraph (b)(2)(i) of this section, at Catoosa, Okla. least one crew member shall remain in (2) Bridges, wharves and other struc- attendance to display proper lights and tures. All bridges, wharves, and other signals and tend the mooring lines. The structures in or over the waterways de- crew member shall be provided with an scribed in paragraph (a)(1) of this sec- adequate means of communication or tion. signalling a warning in the event that, (3) Vessels and rafts. The term ‘‘ves- for any reason, the vessel or tow should sels’’ as used in this section includes go adrift. Immediately after comple- every description of watercraft used, or tion of the emergency mooring, the capable of being used, as a means of lockmaster of the first lock down- transportation on water, other than stream shall be notified of the char- rafts. acter and cargo of the vessel and the (b) Waterways: location of such mooring. (1) Fairway. A clear channel shall at (v) Vessels will not be permitted to all times be left open to permit free load or unload in any of the land cuts, and unobstructed navigation by all except at a regular established landing types of vessels and rafts that nor- or wharf, without written permission mally use the various waterways or secured in advance from the District sections thereof. The District Com- Commander. mander may specify the width of the (vi) Except in an emergency, no ves- fairway required in the waterways sel or raft shall anchor over revetted under his charge. banks of the waterway, nor shall any (2) Anchoring or mooring in waterway. type vessel except launches and other (i) No vessels or rafts shall anchor or small craft land against banks pro- moor in any of the land cuts or other tected by revetment except at regular narrow parts of the waterway, except commercial landings. in an emergency. Whenever it becomes (3) Speed. (i) Excessive speed in nar- necessary for a vessel or raft to stop in row sections is prohibited. Official any such portions of the waterway, it signs indicating limiting speeds

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through critical sections shall be to keep the tow under full control at strictly obeyed. all times. (ii) When approaching and passing (ii) No tow shall be drawn by a vessel through a bridge, all vessels and rafts, that has insufficient power or crew to regardless of size, shall control their permit ready maneuverability and safe speed so as to insure that no damage handling. will be done to the bridge or its fend- (iii) No vessel or tow shall navigate ers. through a drawbridge until the mov- (iii) Within the last mile of approach able span is fully opened. to unattended, normally open auto- (5) Projections from vessels. No vessels matic, movable span bridges, the factor carrying a deck load which overhangs of river flow velocity, of vessel (and or projects over the side, or whose rig- tow) velocity, and of vessel power and ging projects over the side, so as to en- crew capability are never to be per- danger passing vessels, wharves, or mitted to result in a condition whereby other property, shall enter or pass the movement of vessel (and tow) can- through any of the narrow parts of the not be completely halted or reversed waterway. within a 3-minute period. (6) Meeting and passing. Vessels on (iv) A vessel shall reduce its speed meeting or overtaking shall give the sufficiently to prevent any damage proper signals and pass in accordance when approaching another vessel in with the Inland Navigation Rules (33 motion or tied up, a wharf or other CFR Subchapter E). Rafts shall give to structure, works under construction, vessels the side demanded by proper plant engaged in river and harbor im- signal. All vessels approaching dredges provement, levees withstanding flood- or other plant engaged on improve- waters, buildings submerged or par- ments to a waterway shall give the sig- tially submerged by high waters, or nal for passing and slow down suffi- any other manner of structure or im- ciently to stop if so ordered or if no an- provements likely to be damaged by swering signal is received. On receiving collision, suction, or wave action. the answering signal, they shall then (4) Assembly and handling of tows. (i) pass at a speed sufficiently slow to in- All vessels drawing tows not equipped sure safe navigation. Vessels approach- with rudders in restricted channels and ing an intersection or bend where the land cuts shall use two towlines, or a view is obstructed must exercise due bridle on one towline, shortened to the caution. At certain intersections where greatest possible extent so as to have strong currents may be encountered, maximum control at all times. The sailing directions may be issued from various parts of a tow shall be securely time to time through navigation bul- assembled with the individual units letins or signs posted on each side of connected by lines as short as prac- the intersections which must be observed. ticable. In open water, the towlines and fastenings between barges may be NOTE: The Corps of Engineers also has reg- lengthened so as to accommodate the ulations dealing with this section in 33 CFR wave surge. In the case of length 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 USCG–2008–0179, 73 FR 35016, require that tows be broken up, and June 19, 2008; USCG–2015–0433, 80 FR 44282, may require the installation of a rud- July 27, 2015] der or other approved steering device on the tow in order to avoid obstruct- § 162.100 Ohio River at Louisville, KY. ing navigation or damaging the prop- (a) Emergency Mooring Buoys. The erty of others. Pushing barges with U.S. Army Corp of Engineers has estab- towing vessel astern, towing barges lished four pairs of emergency mooring with towing vessel alongside, or push- bouys. Each buoy is 10 feet in diameter ing and pulling barges with units of the with retro-reflective sides. The two tow made up both ahead and astern of buoys which comprise each pair are 585 the towing vessel is permissible pro- feet apart and are located approxi- vided that adequate power is employed mately at:

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(1) Indiana Bank—Mile 582.3 (near 18 the earliest practicable time that im- Mile Island); proved river conditions permit. (2) Six Mile Island—Mile 597.5; [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as (3) Six Mile Island—Mile 598.2; and amended by USCG–1998–3799, 63 FR 35532, (4) Kentucky Bank—Mile 599.8 (Cox’s June 30, 1998] Park). § 162.110 Duluth-Superior Harbor, NOTE: All buoys, except those at Six Mile Minnesota and Wisconsin. Island—Mile 598.2, are removed between May (a) No vessel greater than 100 feet in 1 and September 30. Due to the close prox- length may exceed 8 miles per hour in imity of the municipal water intakes, mooring of tank vessels laden with petroleum Duluth-Superior Harbor. products or hazardous materials is not au- (b) In the Duluth Ship Canal: thorized on the Kentucky Bank, Mile 599.8 (1) No vessel may meet or overtake (Cox’s Park). another vessel if each vessel is greater than 150 feet in length (including tug (b) The regulations. A vessel must not and tow combinations). use the emergency mooring buoys that (2) An inbound vessel has the right of have been established by the U.S. way over an outbound vessel. Army Corps of Engineers, unless specifically authorized. The Captain of the [CGD 79–151, 46 FR 7960, Jan. 26, 1981] Port, upon request, may authorize the § 162.115 Keweenaw Waterway, Mich. use of the emergency mooring buoys by No vessel greater than 40 feet in downbound towing vessels that are length may exceed 8 miles per hour be- awaiting Vessel Traffic Center ap- tween Lily Pond and Pilgrim Point. proval to proceed. [CGD 79–151, 46 FR 7960, Jan. 26, 1981, as [CGD 90–020, 59 FR 36333, July 15, 1994] amended by CGD 09–00–010, 65 FR 53595, Sept. 5, 2000] § 162.105 Missouri River; administration and navigation. § 162.117 St. Marys River, Sault Ste. (a) Supervision. The District Com- Marie, Michigan. mander, Eighth Coast Guard District, (a) The area. The waters of the St. has certain administrative supervision Marys River and lower Whitefish Bay overreaches of the river within the lim- from 45°57′ N. (De Tour Reef Light) to its of his district and is charged with the south, to 46°38.7′ N. (Ile Parisienne the enforcement under his direction of Light) to the north, except the waters emergency regulations to govern navi- of the St. Marys Falls Canal, and to gation on the river. the east along a line from La Pointe to Sims Point, within Potagannissing Bay (b) Navigation. During critical flood and Worsley Bay. stages on any particular limited reach (b) Definitions. As used in this sec- of the Missouri River when lives, float- tion: ing plant, or major shore installations Two-way route means a directional and levees are endangered, the District route within defined limits inside Commander in charge of the locality which two-way traffic is established, shall have the authority to declare the and which is intended to improve safe- reach of the river closed to navigation ty in waters where navigation is dif- or to prescribe temporary speed regula- ficult. tions whenever it appears to him that Two-way traffic means that traffic such action is necessary to prevent im- flow is permitted in opposing direc- mediate human suffering or to miti- tions, but a vessel may not meet, cross, gate major property damage or de- nor overtake any other vessel in such a struction from wave action. The period manner that it would be abreast of of closure and all speed regulations more than one other vessel within the prescribed by the District Commander defined limits of a waterway. shall be for the duration of the emer- (c) Anchoring Rules. gency as determined by the District (1) A vessel must not anchor: Commander and shall be terminated at (i) within the waters between Brush Point and the waterworks intake crib

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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. (d) Traffic Rules. (1) A vessel must (i) When Middle Neebish Channel is a proceed only in the established direc- two-way route: tion of traffic flow in the following (A) An upbound vessel must use the waters: easterly 197 feet of the channel. How- (i) West Neebish Channel from Buoy ever, a vessel of draft 20 feet or more ‘‘53’’ to Buoy ‘‘1’’—downbound traffic must not proceed prior to Vessel Traf- only; fic Center approval; and (ii) Pipe Island Course from Sweets (B) A downbound vessel must use the Point to Watson Reefs Light- westerly 295 feet of the channel. downbound traffic only. (ii) When Middle Neebish Channel is (iii) Middle Neebish Channel from an alternating one-way traffic lane. A Buoy ‘‘2’’ to Buoy ‘‘76’’—upbound traf- vessel must use the westerly 295 feet of fic only; and the channel in the established direc- (iv) Pipe Island Passage to the east of tion of traffic flow. Pipe Island Shoal and north of Pipe Is- (2) When Pipe Island Passage is land Twins from Watson Reefs Light to closed, Pipe Island Course is a two-way Sweets Point—upbound traffic only. route. (2) A vessel 350 feet or more in length NOTE: The Vessel Traffic Service closes or must not overtake or approach within opens these channels as ice conditions re- .2 nautical miles of another vessel pro- quire after giving due consideration to the ceeding in the same direction in the protection of the marine environment, wa- following waterways: terway improvements, aids to navigation, (i) West Neebish Channel between the need for cross channel traffic (e.g., fer- Nine Mile Point and Munuscong Lake ries), the availability of icebreakers, and the Junction Lighted Bell Buoy; safety of the island residents who, in the (ii) Middle Neebish Channel between course of their daily business, must use nat- urally formed ice bridges for transportation Munuscong Lake Junction Lighted Bell to and from the mainland. Under normal sea- Buoy and Nine Mile Point; and sonal conditions, only one closing each win- (iii) Little Rapids Cut from Six Mile ter and one opening each spring are antici- Point to Buoy ‘‘102’’. pated. Prior to closing or opening these

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channels, interested parties including both § 162.120 Harbors on Lake Michigan. shipping entities and island residents, will be given at least 72 hours notice by the Coast (a) No vessel greater than 40 feet in Guard. length may exceed 8 miles per hour in the harbors of Michigan City, Indiana; (g) Speed Rules. (1) The following St. Joseph, South Haven, Saugatuck, speed limits indicate speed over the Holland (Lake Macatawa), Grand ground. Vessels must adhere to the following speed limits: Haven, Muskegon, White Lake, Pentwater, Ludington, Manistee, Por- TABLE 162.117(g)—ST. MARYS RIVER SPEED tage Lake (Manistee County), Frank- RULES fort, Charlevoix, and Petoskey, Michi- gan. Maximum speed limit between Mph Kts (b) No vessel greater than 40 feet in De Tour Reef Light and Sweets Point length may exceed 4 miles per hour in Light ...... 14 12.2 the harbors of Menominee, Michigan Round Island Light and Point Aux Frenes and Wisconsin; Algoma, Kewaunee, Light ‘‘21’’ ...... 14 12.2 Munuscong Lake Lighted Buoy ‘‘8’’ and Two Rivers, Manitowac, Sheboygan, Everens Point ...... 12 10.4 Port Washington, Milwaukee, Racine, Everens Point and Reed Point ...... 9 7.8 Kenosha and Green Bay, Wisconsin; Reed Point and Lake Nicolet Lighted Buoy ‘‘62’’ ...... 10 8.7 and Waukegan, Illinois. Lake Nicolet Lighted Buoy ‘‘62’’ and Lake [CGD 79–151, 46 FR 7960, Jan. 26, 1981, as Nicolet Light ‘‘80’’ ...... 12 10.4 Lake Nicolet Light ‘‘80’’ and Winter Point amended by USCG–2012–0306, 77 FR 37315, (West Neebish Channel) ...... 10 8.7 June 21, 2012] Lake Nicolet Light ‘‘80’’ and Six Mile Point Range Rear Light ...... 10 8.7 § 162.125 Sturgeon Bay and the Stur- Six Mile Point Range Rear Light and geon Bay Ship Canal, Wisc. lower limit of the St. Marys Falls Canal Upbound ...... 8 7.0 (a) In the Sturgeon Bay Ship Canal: Downbound ...... 10 8.7 (1) No vessel may exceed 5 miles per Upper limit of the St. Marys Falls Canal and Point Aux Pins Main Light ...... 12 10.4 hour. (2) No vessel greater than 150 feet in Note: A vessel must not navigate any dredged channel at a speed of less than 5 statute miles per hour (4.3 knots). length (including tug and tow combinations) may come about. (2) Temporary speed limit regulations may be established by Com- (3) No vessel 65 feet or greater in manding Officer Vessel Traffic Service length (including tug and tow combina- St. Marys River. Notice of the tem- tions) may either: porary speed limits and their effective (i) Enter or pass through the canal dates and termination are published in two or more abreast; or the FEDERAL REGISTER and Local No- (ii) Overtake another vessel. tice to Mariners. These temporary (4) No vessel may anchor or moor un- speed limits, if imposed, will normally less given permission to do so by the be placed in effect and terminated dur- Captain of the Port. ing the winter navigation season. (5) Each vessel must keep to the cen- (h) Towing Requirement. A towing ves- ter, except when meeting or overtaking sel must: (1) Maintain positive control another vessel. of its tow south of Gros Cap Reef Light; (b) In Sturgeon Bay and the Sturgeon (2) Not impede the passage of any Bay Ship Canal: other vessel; (1) Each laden vessel under tow must (3) Not tow a vessel of 200 feet or less be towed with at least two towlines. in length with a tow line longer than Each towline must be shortened to the 250 feet; and extent necessary to provide maximum (4) Not tow a vessel of 200 feet or control of the tow. more in length with a tow line longer (2) Each unladen vessel may be towed than the length of the towed vessel with one towline. plus 50 feet. (3) No towline may exceed 100 feet in length. [CGD 90–020, 59 FR 36333, July 15, 1994, as amended by CGD 95–033, 60 FR 28333, May 31, (4) No vessel may tow another vessel 1995; USCG–1998–3799, 63 FR 35532, June 30, alongside. 1998; USCG–2003–15404, 68 FR 37741, June 25, (5) No vessel may tow a raft greater 2003] than 50 feet in width.

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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- [CGD 79–151, 46 FR 7960, Jan. 26, 1981] mander, Ninth Coast Guard District, Cleveland, Ohio. § 162.130 Connecting waters from Lake Huron to Lake Erie; general rules. Master means the master or operator, the person designated by the master or (a) Purpose. The regulations in operator to navigate the vessel, or, on §§ 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 NOTE: The Canadian Government has waters from the lakeward limit of the 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 are noted throughout the text. Flats Canal Light 2. 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. 162.140 apply to all U.S. vessels and all (d) Laws and regulations not affected. other vessels in U.S. waters. The regulations in §§ 162.130 through (2) The speed rules in § 162.138 apply 162.140 do not relieve the owners or op- to vessels 20 meters or more in length. erators of vessels from complying with (3) The communication rules in any other laws or regulations relating § 162.132, the traffic rules in § 162.134, ex- to navigation on the Great Lakes and cept for § 162.134(c)(2), and the anchor- their connecting or tributary waters. age rules in § 162.136 apply to the fol- (e) Delegations. The District Com- lowing vessels: mander, in coordination with appro- (i) Vessels of 20 meters or more in priate Canadian officials, may make length; (ii) Commercial vessels more than 8 local arrangements that do not conflict meters in length engaged in towing an- with these regulations in the interest other vessel astern, alongside, or by of safety of operations, to facilitate pushing ahead; and traffic movement and anchorage, to (iii) Each dredge and floating plant. avoid disputes as to jurisdiction and to (4) The traffic rules contained in take necessary action to render assist- § 162.134(c)(2) apply to the following ves- ance in emergencies. This authority sels: may be redelegated. (i) Sailing vessels of 20 meters or [CGD 78–151, 49 FR 18301, Apr. 30, 1984; 49 FR more in length; 26722, June 29, 1984, as amended by CGD 85– (ii) Power driven vessels of 55 meters 060, 51 FR 17016, May 8, 1986; CGD 93–024, 58 or more in length; FR 59365, Nov. 9, 1993; USCG–2006–24371, 74 FR (iii) Vessels engaged in towing an- 11213, Mar. 16, 2009] other vessel astern, alongside or by pushing ahead; and § 162.132 Connecting waters from Lake (iv) Each dredge and floating plant. Huron to Lake Erie; communications rules. (c) Definitions. As used in §§ 162.130 through 162.140: (a) Radio listening watch. The master Captain of the Port means the United of each vessel required to comply with States Coast Guard Captain of the Port this section shall continuously mon- of Detroit, Michigan. itor: Detroit River means the connecting (1) Channel 11 (156.55 mhz) between waters from Windmill Point Light to Lake Huron Cut Lighted Buoy 11 and the lakeward limits of the improved Lake St. Clair Light; and

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(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 Huron to Lake Erie; traffic rules. (e) Permanent reporting points. The 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: paragraph (d) of this section at the lo- (1) The West Outer Channel is re- cation indicated in Table I. stricted to downbound vessels. (2) The Livingston Channel, west of TABLE I Bois Blanc Island, is restricted to downbound vessels. Downbound Reporting points Upbound vessels vessels NOTE: The Amherstburg Channel, in Cana- dian waters east of Bois Blanc Island, is nor- Report ...... 30 Minutes North of Lake mally restricted to upbound vessels. No ves- Huron Cut. sel may proceed downbound in the Lighted Horn Buoy ‘‘11’’ Amherstburg Channel without authorization Report ...... Lake Huron Cut Light ‘‘7’’ Lake Huron Cut Lighted Buoy Report. from the Regional Director General. ‘‘1’’. (3) Between Fighting Island Channel Report ...... St. Clair/Black River Junction Report. Light. South Light and Bar Point Pier Light Stag Island Upper Light ...... Report. 29D, no vessels shall meet or overtake Report ...... Marine City Salt Dock Light ... Report. in such a manner that more than two Report ...... Grande Pointe Light ‘‘23’’ vessels would be abreast at any time. St. Clair Flats Canal Light ‘‘2’’ Report. Report ...... Lake St. Clair Light ...... Report. (4) Between the west end of Belle Isle Report ...... Belle Isle Light and Peche Island Light, vessels may Report ...... Grassy Island Light ...... Report. only overtake vessels engaged in tow- Report ...... Detroit River Light ...... Report. ing. (b) River Rouge. In the River Rouge, (f) Additional traffic reports. (1) A re- no vessel shall overtake another vessel. port shall be made upon leaving any (c) St. Clair River. The following traf- dock, mooring, or anchorage, in the fic rules apply in the St. Clair River: Detroit River, Lake St. Clair, and the (1) Between St. Clair Flats Canal St. Clair River except for— Light 2 and Russell Island Light 33, (i) Ferries on regular runs; and vessels may only overtake vessels en- (ii) Vessels in the River Rouge. gaged in towing. (2) A report shall be made before ma- (2) Between Lake Huron Cut Lighted neuvering to come about. Buoy 1 and Port Huron Traffic Lighted (3) A report shall be made— Buoy there is a zone of alternating one (i) 20 minutes before entering or de- way traffic. Masters shall coordinate parting the River Rouge; and their movements in accordance with (ii) Immediately before entering or the following rules; departing the River Rouge. (i) Vessels shall not overtake.

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(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 D33 stationary light in the Detroit include but are not limited to: channel River entrance; and obstructions, winter navigation, un- (iii) 4 statute miles per hour (3.5 usual weather conditions, or unusual knots) in the River Rouge. water levels. (2) The maximum speed limit is 5.8 (e) The requirements of this section statute miles per hour (5 knots) in the do not apply to public vessels of the navigable channel south of Peche Is- U.S. or Canada engaged in icebreaking land (under Canadian jurisdiction). or servicing aids to navigation or to (b) Maximum speed limit for vessels op- vessels engaged in river and harbor im- erating in nondisplacement mode. (1) Ex- provement work. cept when required for the safety of the (f) The prohibitions in this section on vessel or any other vessel, vessels 20 overtaking in certain areas do not meters or more in length but under 100 apply to vessels operating in the non- gross tons operating in the nondisplacement mode. In this section, displacement mode and meeting the re- ‘‘nondisplacement mode’’ means a quirements set out in paragraph (c) of mode of operation in which the vessel this section, may operate at a speed is supported by hydrodynamic forces, rather than displacement of its weight not exceeding 40 miles per hour (34.8 in the water, to an extent such that the knots)— wake which would otherwise be gen- (i) During daylight hours (sunrise to erated by the vessel is significantly re- sunset); duced. (ii) When conditions otherwise safely allow; and [CGD 78–151, 49 FR 18302, Apr. 30, 1984; 49 FR (iii) When approval has been granted 26722, June 29, 1984, as amended by CGD 09– by the Coast Guard Captain of the 95–002, 60 FR 35701, July 11, 1995] Port, Detroit or Commander of the § 162.136 Connecting waters from Lake Ninth Coast Guard District prior to Huron to Lake Erie; anchorage each transit of the area. grounds. (2) In this section, ‘‘nondisplacement mode’’ means a mode of operation in (a) In the Detroit River, vessels shall which the vessel is supported by hydro- be anchored so as not to swing into the dynamic forces, rather than displace- channel or across steering courses. ment of its weight in the water, to an NOTE: There is an authorized anchorage in extent such that the wake which would Canadian waters just above Fighting Island otherwise be generated by the vessel is and an authorized anchorage in U.S. waters significantly reduced. south of Belle Isle (33 CFR 110.206). (c) Unsafe vessels. The Captain of the (b) In the St. Clair River, vessels Port or the District Commander may shall be anchored so as not to swing deny approval for operations under

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paragraph (b) of this section if it ap- (2) No vessel greater than 100 feet in pears that the design and operating length (including tug and tow combina- characteristics of the vessels in questions) may overtake another vessel. tion are not safe for the designated waterways, or if it appears that oper- [CGD 79–151, 46 FR 7960, Jan. 26, 1981] ations under this section have become § 162.155 Sandusky and Huron Har- unsafe for any reason. bors, Ohio. (d) Temporary speed limits. The Dis- trict Commander may temporarily es- (a) In Sandusky Harbor, no vessel tablish speed limits or temporarily greater than 40 feet in length may ex- amend existing speed limit regulations ceed 10 miles per hour. on the waters described in § 162.130(a). (b) In Huron Harbor, no vessel greater than 40 feet in length may exceed 6 [CGD 09–95–002, 60 FR 35702, July 11, 1995, as miles per hour, except in the outer har- amended by USCG–2011–1086, 77 FR 62437, Oct. bor where no vessel greater than 40 feet 15, 2012] in length may exceed 10 miles per hour.

§ 162.140 Connecting waters from Lake NOTE: The Corps of Engineers also has reg- Huron to Lake Erie; miscellaneous ulations dealing with these areas in 33 CFR rules. Part 207. (a) Rules for towing vessels. (1) A tow- [CGD 79–151, 46 FR 7960, Jan. 26, 1981] ing vessel may drop or anchor its tows only in accordance with the provisions § 162.160 Vermilion, Lorain, Cleveland, of § 162.136. Fairport, Ashtabula, and Conneaut (2) A towing vessel engaged in ar- Harbors, Ohio. ranging its tow shall not obstruct the (a) In Vermilion Harbor, no vessel navigation of other vessels. may exceed 6 miles per hour. (b) Pilots. In the St. Clair River be- (b) In Lorain, Cleveland, Fairport, tween Lake Huron Cut Lighted Buoy 1 Ashtabula, and Conneaut Harbors, no and Port Huron Traffic Lighted Buoy, vessel may exceed 6 miles per hour, ex- vessels shall not take on, discharge, or cept in the outer harbors, where no exchange pilots unless weather condi- vessel may exceed 10 miles per hour. tions would make the maneuver unsafe in the customary pilot area. NOTE: The Corps of Engineers also has regulations dealing with these areas in 33 CFR [CGD 78–151, 49 FR 18302, Apr. 30, 1984] Part 207.

§ 162.145 Monroe Harbor, Mich. [CGD 79–151, 46 FR 7960, Jan. 26, 1981] (a) In the lake channel, no vessel § 162.165 Buffalo and Rochester Har- greater than 40 feet in length may ex- bors, New York. ceed 10 miles per hour. In Buffalo and Rochester Harbors, no (b) In the river channel: vessel may exceed 6 miles per hour, ex- (1) No vessel greater than 40 feet in cept in the outer harbors where no ves- length may exceed 6 miles per hour. sel may exceed 10 miles per hour. (2) No vessel may use a towline exceeding 200 feet in length. NOTE: The Corps of Engineers also has regulations dealing with these areas in 33 CFR [CGD 79–151, 46 FR 7960, Jan. 26, 1981] Part 207.

§ 162.150 Maumee Bay and River, Ohio. [CGD 79–151, 46 FR 7960, Jan. 26, 1981] (a) In Maumee Bay (lakeward of § 162.175 Black Rock Canal and Lock Maumee River Lighted Buoy 49(L/L No. at Buffalo, New York. 770)), no vessel greater than 100 feet in In the Black Rock Canal and Lock, length may exceed 12 miles per hour. no vessel may exceed 6 miles per hour. (b) In Maumee River (inward of Maumee River Lighted Buoy 49(L/L No. NOTE: The Corps of Engineers also has reg- 770)): ulations dealing with these areas in 33 CFR (1) No vessel greater than 40 feet in Part 207. length may exceed 6 miles per hour. [CGD 79–151, 46 FR 7960, Jan. 26, 1981]

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§ 162.195 Santa Monica Bay, Calif.; re- without permission except in an emer- stricted area. gency. (a) The area. The waters of the Pa- (2) Dredging, dragging, seining, or cific Ocean, Santa Monica Bay, in an other fishing operations which might area extending seaward from the shore- foul underwater installations within line a distance of about 5 nautical the area are prohibited. 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] Longitude NOTE: The Corps of Engineers also has reg- Station Latitude North West ulations dealing with this section in 33 CFR A ...... 33°54′59″ 118°25′41″ Part 207. 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. (b) The regulations. (1) Vessels shall (a) San Joaquin River Deep Water not anchor within the area at any time Channel between Suisun Bay and the eas- without permission. terly end of the channel at Stockton; use, (2) Dredging, dragging, seining, or administration and navigation—(1) Max- other fishing operations which might imum speed. The maximum speed for all foul underwater installations within ocean-going craft shall not exceed 10 the area are prohibited. miles per hour above the lower end of (3) All vessels entering the area, New York Slough, seven miles per hour other than vessels operated by or for above Criminal Point, or five miles per the United States, the State of Cali- hour while passing any wharf, dock, or fornia, the county of Los Angeles, or moored craft. As used in this para- the city of Los Angeles, shall proceed graph, the speed of a vessel when navi- across the area by the most direct gating with the current shall be its route and without unnecessary delay. rate of movement in excess of the ve- The area will be open and unrestricted locity of the current. to small recreational craft for rec- (2) Passing. All craft passing other reational activities at all times. boats, barges, scows, etc., in motion, (4) The placing of bouys, markers, or moored or anchored, shall slow down other devices requiring anchors will and take every necessary precaution to not be permitted. avoid damage. (5) The city of Los Angeles will main- (3) Right of way. (i) United States tain a patrol of the area as needed. dredges, tugs, launches, derrick boats, and similar plant of contractors exe- § 162.200 Marina del Rey, Calif.; re- cuting river and harbor improvement stricted area. work for the United States, and dis- (a) The area. That portion of the Pa- playing the signals prescribed by the cific Ocean lying shoreward of the off- regulations contained in part 80 of this shore breakwater and the most sea- chapter shall have the right of way and ward 1,000 feet of the entrance channel other craft shall exercise special cau- between the north and south jetties, tion to avoid interference with the and basically outlined as follows: work on which the plant is engaged. Dredges, whether Federal or contrac- Station Latitude North Longitude West tors’ plant, working the channel must however, take special care to give A ...... 33°57′46.0″ 118°27′39.5″ B ...... 33°57′52.3″ 118°27′43.6″ ocean-going vessels sufficient room for C ...... 33°57′48.6″ 118°27′48.8″ passing, and must lift both spuds and D ...... 33°57′29.8″ 118°27′34.7″ the ladder, and pull clear, if an ade- E ...... 33°57′30.9″ 118°27′29.1″ quate width of clear channelway can- F ...... 33°57′37.4″ 118°27′33.8″ G ...... 33°57′42.4″ 118°27′23.0″ not otherwise be provided. Ocean-going H ...... 33°57′50.6″ 118°27′28.3″ vessels may show at the masthead a black ball not more than 20 inches in (b) The regulations. (1) Vessels shall diameter as a signal to the dredge, and not anchor within the area at any time may also blow five long blasts of the

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whistle when within reasonable hear- (ii) Between Rio Vista Bridge and Port ing distance of the dredge, such signal of Sacramento. When going against a to be followed at the proper time by current of two knots or more, the max- the passing signal described in the imum speed over the bottom shall not local pilot rules. The dredge shall exceed 5 knots. When going with the promptly acknowledge both signals in current, in slack water, or against a the usual manner. current of two knots or less, the max- (ii) Light-draft vessels when meeting imum speed through the water shall or being overtaken by ocean-going ves- not exceed 7 knots. sels, shall give the right of way to such (iii) Speed past docks or moored craft. vessels by making use of the shallower Within 550 feet of the centerline of the portions of the waterway. channel the speed shall be the min- (iii) Rafts and tows must promptly imum required to maintain steerage- give the channel side demanded upon way; wind, tide, current, etc., being proper signal by a vessel, and must be taken into consideration. handled in such a manner as not to ob- (iv) Passing. All craft passing other struct or interfere with the free use of boats, barges, scows, etc., underway, the waterway by other craft. moored or anchored, shall take every (4) Collisions. (i) Ocean-going vessels necessary precaution to avoid damage. in collision in the channel or turning (v) Speed, high-water precautions. basin must, if still afloat and in a con- When passing another vessel (under- dition making anchorage necessary, be way, anchored, or tied up); a wharf or immediately removed to an approved other structure; work under construc- anchorage ground, or if in such condition; plant engaged in river and harbor tion that beaching is necessary, they improvement; levees withstanding shall be temporarily beached on the flood waters; buildings partially or northwest side of Mandeville Island or wholly submerged by high water; or in the Old River. any other structure liable to damage (ii) Light-draft vessels suffering colli- by collision, suction or wave action; sion shall be disposed of as directed by vessels shall give as much leeway as the District Commander or his author- circumstances permit and reduce their ized representative. speed sufficiently to preclude causing (5) Wrecks. In no case following acci- damage to the vessel or structure being dents of fire or collision will a vessel be passed. As deemed necessary for public allowed to remain either anchored or safety during high river stages, floods, grounded in the channel, or beached at or other emergencies, the District any place where it endangers other ves- Commander may prescribe, by naviga- sels, while settlement is pending with tion bulletins or other means, the lim- the underwriters. iting speed in knots or temporarily (6) Other laws and regulations. In all close the waterway or any reach of it other respects, the existing Federal to traffic. Since this subparagraph per- laws and rules and regulations affect- tains directly to the manner in which ing navigable waters of the United vessels are operated, masters of vessels States will govern in this channel. shall be held responsible for strict ob- (b) Sacramento Deep Water Ship Chan- servance and full compliance herewith. nel between Suisun Bay and easterly end (2) Right of way. (i) Dredges, tugs, of Turning Basin at West Sacramento; launches, derrick boats and other simi- use, administration, and navigation—(1) lar equipment, executing river and har- Maximum speed for all ocean going bor improvement work for the United craft—(i) Between Tolands Landing (Mile States, and displaying the signals pre- 6.2) and Rio Vista Bridge. When going scribed by the regulations contained in against a current of two knots or more, part 80, of this Chapter, shall have the the maximum speed over the bottom right-of-way and other craft shall exer- shall not exceed 8 knots. When going cise special caution to avoid inter- with the current, in slack water, or ference with the work on which the against a current of two knots or less, plant is engaged. Dredges, whether the maximum speed through the water Federal or contractor’s plant, working shall not exceed 10 knots. the channel must however, take special

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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 (3) Obstruction of traffic. (i) Except as clear, if an adequate width of clear provided in paragraph (c)(2) of this sec- channelway cannot otherwise be pro- tion no person shall willfully or care- vided. lessly obstruct the free navigation of (ii) Vessels intending to pass dredges the waterway, or delay any vessel hav- or other types of floating plant working the right to use the waterway. ing in navigable channels, when within (ii) No vessel shall anchor within the a reasonable distance therefrom and channel except in distress or under not in any case over a mile, shall indi- stress of weather. Any vessel so an- cate such intention by one long blast of chored shall be moved as quickly as the whistle, and shall be directed to possible to such anchorage as will leave the proper side for passage by the the channel clear for the passage of sounding, by the dredge or other float- vessels. ing plant, of the signal prescribed in (iii) Motorboats, sailboats, rowboats, the inland pilot rules for vessels under- and other small craft shall not anchor way and approaching each other from or drift in the regular ship channel ex- opposite directions, which shall be an- cept under stress of weather or in case swered in the usual manner by the ap- of breakdown. Such craft shall be so proaching vessel. If the channel is not operated that they will not interfere clear, the floating plant shall sound with or endanger the movement of the alarm or danger signal and the ap- commercial or public vessels. proaching vessel shall slow down or (4) Collisions. (i) Ocean-going vessels stop and await further signal from the in collision in the channel or turning plant. basin, must if still afloat and in a con- (iii) When the pipeline from a dredge dition making anchorage necessary, be crosses the channel in such a way that immediately removed to an approved an approaching vessel cannot pass safe- anchorage ground, or if in such condi- ly around the pipeline or dredge, there tion that beaching is necessary, they shall be sounded immediately from the shall be temporarily beached on the dredge the alarm or danger signal and southwest side of Ryer Island from the approaching vessel shall slow down Mile 15.0 to Mile 16.3 or in the Harbor or stop and await further signal from and Turning Basin at West Sac- the dredge. The pipeline shall then be ramento. opened and the channel cleared as soon (ii) Light-draft vessels suffering colli- as practicable; when the channel is sion shall be disposed of as directed by clear for passage the dredge shall so in- the District Commander or his author- dicate by sounding the usual passing ized representative. signal as prescribed in paragraph (5) Marine accidents. Masters, mates, (c)(2)(ii) of this section. The approach- pilots, owners, or other persons using ing vessel shall answer with a cor- the waterway to which this paragraph responding signal and pass promptly. applies shall notify the District Com- (iv) When any pipeline or swinging mander and in the case of undocu- dredge shall have given an approaching mented vessels, the State Division of vessel or tow the signal that the chan- Small Craft Harbors also, by the most nel is clear, the dredge shall straighten expeditious means available of all ma- out within the cut for the passage of rine accidents, such as fire, collision, the vessel or tow. sinking or stranding, where there is (v) Shallow draft vessels when meet- possible obstruction of the channel or ing or being overtaken by ocean-going interference with navigation or where vessels, shall give the right-of-way to damage to Government property is in- such vessels by making use of the volved, furnishing a clear statement as shallower portions of the waterway, to the name, address, and ownership of wherever possible. the vessel or vessels involved, the time (vi) Tows should promptly give the and place, and the action taken. In all channel side requested by proper signal cases, the owner of the sunken vessel from a vessel, and should be handled in shall take immediate steps to mark the such a manner as not to obstruct or wreck properly.

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(6) Other laws and regulations. In all blo Base Line), Range 18 East (Mount other respects, existing Federal laws Diablo Meridian); thence north 300 feet; and rules and regulations affecting thence southeasterly 4,200 feet to a navigable waters of the United States point 300 feet north of the high water- will govern in this channel. line; and thence south 300 feet to the high waterline. NOTE: The Corps of Engineers also has regulations dealing with this section in 33 CFR (4) El Dorado County Beach. The Part 207. waters of Lake Tahoe shoreward of a line described as follows: Beginning at [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as amended by CGD12 84–07, 51 FR 12318, Apr. 10, the intersection of the high waterline 1986; CGD11–94–007, 60 FR 16796, Apr. 3, 1995; with the west boundary line of Lot 1, USCG–1998–3799, 63 FR 35532, June 30, 1998; 78 Section 32, Township 13 North (Mount FR 4788, Jan. 23, 2013] Diablo Base Line), Range 18 East (Mount Diablo Meridian); thence north § 162.210 Lake Tahoe, Calif.; restricted 500 feet; thence northeasterly about areas along south shore. 1,350 feet to the projected east line of (a) The areas—(1) Baldwin Beach, Lot 1 at a point 500 feet north of the under the control of the Forest Service, high waterline; and thence south 500 Department of Agriculture. The waters of feet to the high waterline. Lake Tahoe shoreward of a line de- (b) The regulations. No sail or ma- scribed as follows: Beginning at the chine-propelled watercraft, except ves- intersection of the high waterline with sels owned or controlled by the U.S. the west boundary line of Lot 2, Sec- Coast Guard, shall navigate or anchor tion 26, Township 13 North (Mount Dia- in the restricted area. blo Base Line), Range 17 East (Mount Diablo Meridian); thence north 300 feet; § 162.215 Lake Tahoe, Nev.; restricted thence southeasterly about 2,850 feet to area adjacent to Nevada Beach. the east line of Section 26 at a point 300 (a) The restricted area. The waters of feet north of the high waterline; thence Lake Tahoe shoreward of a line de- northeasterly 1,740 feet to a point 300 scribed as follows: Beginning at the feet north of the high waterline; thence intersection of the high waterline with southeasterly about 1,810 feet to the a line projected in a general southerly projected east line of the former Bald- direction 200 feet from a point lying 310 win property at a point 300 feet north feet west of section corner common to of the high waterline; and thence south section 15, 16, 21, and 22, Township 13 300 feet to the high waterline. North (Mount Diablo Base Line), Range (2) Camp Richardson, under the control 18 East (Mount Diablo Meridian); of the Forest Service, Department of Agri- thence 300 feet lakeward at right an- culture. The waters of Lake Tahoe gles to the high waterline; thence shoreward of a line described as fol- southeasterly approximately 2,170 feet lows: Beginning at the southeasterly to the projected south boundary line of corner of sec. 25, T. 13 N., R. 17 E., the Forest Service property at a point Mount Diablo Base and Meridian; 300 feet west of the high waterline; and thence north 410 feet along the east thence east 300 feet to the high water line of sec. 25; thence northwesterly 95 line. feet to the high waterline which is the (b) The regulations. No sail or motor true point of beginning; thence north propelled watercraft, except vessels 130 feet; thence southeasterly 565 feet; owned or controlled by the United and thence south 130 feet to the high States Government and vessels duly waterline. authorized by the United States Coast (3) Pope Beach, under the control of the Guard, shall navigate or anchor in the Forest Service, Department of Agriculture. restricted area. The waters of Lake Tahoe shoreward of a line described as follows: Beginning § 162.220 Hoover Dam, Lake Mead, and at the intersection of the high water- Lake Mohave (Colorado River), line with the west line of the former Ariz.-Nev. Pope property, about 750 feet westerly (a) Lake Mead and Lake Mohave; re- of the west boundary line of Lot 2, Sec- stricted areas—(1) The areas. That portion 6, Township 12 North (Mount Dia- tion of Lake Mead extending 700 feet

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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 other use by the general public. Only speed regulations prescribed by the vessels owned by or controlled by the District Commander shall be obeyed U.S. Government and the States of Ari- for the duration of the emergency and zona and Nevada shall navigate or an- shall be terminated at the earliest chor in the restricted areas: Provided, practicable time that improved stream however, The Regional Director, Region conditions permit. 3, U.S. Bureau of Reclamation, Boulder City, Nev., may authorize, by written § 162.230 Columbia River, Wash. permit, individuals or groups to navi- (a) Grand Coulee Dam discharge chan- gate or anchor in the restricted areas nel; restricted area—(1) The area. That when it is deemed in the public inter- portion of the Columbia River between est. Copies of said permits must be fur- Grand Coulee Dam (situated at river nished to the enforcing agencies. mile 596.6) and river mile 593.7. (b) Lake Mead; speed regulation. In (2) The regulations. (i) No vessel shall that portion of Lake Mead extending enter or navigate within the area with- 300 feet upstream of the restricted area out permission from the enforcing described in paragraph (a) of this sec- agency. tion, a maximum speed of 5 miles per (ii) The regulation in this section hour shall not be exceeded. shall be enforced by the Chief, Power (c) Supervision. The regulations in Field Division, Columbia Basin this section shall be supervised by the Project, U.S. Department of the Inte- District Commander, Eleventh Coast rior, Coulee Dam, Washington. Guard District. § 162.235 Puget Sound Area, Wash. [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as amended by USCG–2008–0179, 73 FR 35016, (a) Waterway connecting Port Town- June 19, 2008] send and Oak Bay; use, administration, and navigation—(1) Works to which regu- § 162.225 Columbia and Willamette lations apply. The ‘‘canal grounds’’ Rivers, Washington and Oregon; ad- when used in this paragraph shall mean ministration and navigation. that area between the south end of the (a) Supervision. The District Com- jetties in Oak Bay and the northerly mander, Thirteenth Coast Guard Dis- end of the dredge channel approxi- trict, has certain administrative super- mately 400 yards northwest of Port vision over the Columbia and Willam- Townsend Canal Light. The ‘‘canal’’ is ette Rivers, and is charged with the en- the water lying between these limits forcement under his direction of emer- and the banks containing the same. gency regulations to govern navigation (2) Speed. The speed limit within the of these streams. canal grounds shall not exceed five (b) Speed. During very high water miles per hour. stages (usually 25 feet or more on the (3) Signals. All boats desiring to use Vancouver, Washington, gage) when the canal shall give one long and one lives, floating plant or major shore in- short whistle. Southbound boats shall stallations are endangered, the District sound the signal within 600 yards of Commander shall have authority to Port Townsend Canal Light. North- prescribe such temporary speed regula- bound boats shall sound this signal at tions as he may deem necessary for the least 500 feet south from the end of the public safety. During critical periods of jetties in Oak bay. If no other boat an- freshets under 25 feet on the Van- swers the signal the first boat shall couver, Washington, gage when con- have the right of way through the struction is in progress, rehabilitation, canal. Any approaching boat that is in or other unusual emergency makes a the canal shall answer by giving the major shore installation susceptible to same signal and the first boat shall not loss or major damage from wave ac- enter the canal until the second boat

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shall have passed through the canal. In (5) Tugs, launches, and small craft the case of boats going in the same di- shall keep close to one side of the chan- rection the boat which is in the canal nel when vessels or boats with tows are shall not answer the signal of the boat passing. desiring to enter. (6) All craft shall proceed with cau- (4) Passing. Steamers shall not under tion. The display of a green light is not any circumstances attempt to pass a guarantee that the channel is clear of each other in the canal, either when traffic, and neither the United States going in the same or opposite direc- nor the City of Seattle will be respon- tions. sible for any damage to vessels or other (5) Anchoring. No steamers or boats property which may be chargeable to shall anchor or tie up within the canal mistakes in the operation of the signal grounds unless they are well over on lights or to their failure to operate. the tide flats to the west of the dredged channel, and off the right of way be- NOTE: The Corps of Engineers also has reg- longing to the United States. ulations dealing with this section in 33 CFR Part 207. (6) Tows. No tow shall enter or pass through the canal with a towline more [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as than 200 feet in length. amended by USCG–2008–0179, 73 FR 35016, (7) Delaying traffic. No person shall June 19, 2008] cause or permit any vessel or boat of § 162.240 Tongass Narrows, Alaska; which he is in charge, or on which he is navigation. employed, to obstruct the canal in any way or delay in passing through it. (a) Definitions. The term ‘‘Tongass (b) West Waterway, Seattle Harbor; Narrows’’ includes the body of water navigation. (1) The movement of vessels lying between Revillagigedo Channel of 250 gross tons or over and all vessels and Guard Island in Clarence Strait. with tows of any kind through the nar- (b) No vessel, except for public law row section of West Waterway between enforcement and emergency response the bend at Fisher’s Flour Mill dock vessels, floatplanes during landings and and the bend at the junction of East take-offs, and vessels of 23 feet reg- Waterway with Duwamish Waterway, istered length or less, shall exceed a and through the draws of the City of speed of 7 knots in the region of Seattle and Northern Pacific Railway Tongass Narrows bounded to the north Company bridges crossing this narrow by Tongass Narrows Buoy 9 and to the section, shall be governed by red and south by Tongass Narrows East Chan- green traffic signal lights mounted on nel Regulatory marker at position the north and south sides of the west 55°19′22.0″ N, 131°36′40.5″ W and Tongass tower of the City Light power crossing Narrows West Channel Regulatory at West Spokane Street. marker at position 55°19′28.5″ N, (2) Two green lights, one vertically 131°39′09.7″ W, respectively. above the other, displayed ahead of a (c) No vessel shall while moored or at vessel, shall indicate that the water- anchor, or by slow passage or otherwise way is clear. Two red lights, one while underway, unreasonably obstruct vertically above the other, displayed the free passage and progress of other ahead of a vessel, shall indicate that vessels. the waterway is not clear. (d) No vessel shall moor or anchor to (3) A vessel approaching the narrow any structure of the United States section and drawbridges from either other than mooring piers, wharves, and end of the waterway shall give one long floats without the consent of the Com- blast of a whistle and shall not enter mander, Sector Juneau. the narrow section until green lights are displayed. [CGD 75–082, 42 FR 51759, Sept. 29, 1977]

(4) One vessel may follow another EDITORIAL NOTE: For FEDERAL REGISTER ci- vessel in either direction, but the chan- tations affecting § 162.240, see the List of CFR nel shall not be kept open in the same Sections Affected, which appears in the direction for an unreasonable time if a Finding Aids section of the printed volume vessel is waiting at the other end. and at www.fdsys.gov.

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§ 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): and extending about 2,200 feet up- East of Battery Islets: stream to a point 200 feet upstream East of Tow Channel Buoy 1 TC. from the Inlet Co. dock. East of Tow Channel Buoy 3 TC. (b) The regulations. (1) Vessels may West of Tow Channel Buoy 4 TC. navigate, anchor, or moor within the East of Colorado Reef: area until such time as notification is East of Wrangell Narrows Channel Light received or observation is made of in- 21. tended passage to or from the docking West of Wrangell Narrows Channel Lighted areas. Buoy 25. (2) Notice of anticipated passage of East of Tow Channel Buoy 5 TC. towboats and barges shall be indicated East of Tow Channel Buoy 7 TC. 24 hours in advance by display of a red West of Petersburg: flag by the Inlet Co. from its ware- East of Wrangell Narrows Channel Light 54 house. Fr. East of Wrangell Narrows Channel Light 56 § 162.250 Port Alexander, Alaska; Qk FR. speed of vessels. East of Wrangell Narrows Channel Light 58 Fr., thence proceeding to west side of (a) Definition. The term ‘‘Port Alex- channel and leaving Wrangell Narrows by ander’’ includes the entire inlet from making passage between Wrangell Nar- its head to its entrance from Chatham rows Channel Daybeacon 61 and Wrangell Strait. Narrows North Entrance Lighted Bell (b) Speed. The speed of all vessels of 5 Buoy 63 F. tons or more gross, ships register, shall (d) Size of tows. The maximum tows not exceed 3 miles per hour either in permitted shall be one pile driver, or entering, leaving, or navigating within three units of other towable equipment Port Alexander, Alaska. or seven raft sections. [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as (e) Arrangement of tows. (1) No towline amended by CGD 82–039, 47 FR 27266, June 24, or aggregate of towlines between 1982] towboat and separated pieces shall exceed 150 feet in length. § 162.255 Wrangell Narrows, Alaska; use, administration, and navigation. (2) Raft and barge tows of more than one unit shall not exceed 65 feet in (a) Definitions. (1) The term width overall. Single barge tows shall ‘‘Wrangell Narrows’’ includes the en- not exceed 100 feet in width overall. tire body of water between Wrangell (3) Tows other than rafts shall be Narrows North Entrance Lighted Bell taken alongside the towboat whenever Buoy 63 and Midway Rock Light. (2) The term ‘‘raft section’’ refers to possible. a standard raft of logs or piling se- (f) Anchorage. Vessels may anchor in curely fastened together for long tow- the anchorage basin in the vicinity of ing in Alaska inland waters in the Anchor Point. No craft or tow shall be manner customary with the local log- anchored in Wrangell Narrows in either ging interests, i.e., with booms, the main ship channel or the towing swifters, and tail sticks. It normally channel, nor shall any craft or tow be contains 30,000 to 70,000 feet board anchored so that it can swing into ei- measure of logs or piling and has a ther of these channels. width of 45 to 60 feet and a length of 75 (g) Disabled craft. Disabled craft in a to 100 feet. condition of absolute necessity are ex- (b) Speed restrictions. No vessel shall empt from the regulations in this sec- exceed a speed of seven (7) knots in the tion. vicinity of Petersburg, between [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as Wrangell Narrows Channel Light 58 and amended by CGD 82–039, 47 FR 27266, June 24, Wrangell Narrows Lighted Buoy 60. 1982; CGD 94–026, 60 FR 63624, Dec. 12, 1995]

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§ 162.260 Channel leading to San Juan unless specific permission to do so has Harbor, P.R.; use, administration, first been granted in each case by the and navigation. enforcing agency. (a) Steamers passing dredge engaged (c) The regulations in this section in improving the channel shall not shall be enforced by the respective have a speed greater than 4 miles an Fleet Superintendents and such agen- hour, and the propelling machinery cies as they may designate. shall be stopped when crossing the [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as lines to the dredge anchors. amended by CGD 86–053, 51 FR 43742, Dec. 4, (b) Vessels using the channel shall 1986; USCG–2011–0257, 76 FR 31838, June 2, pass the dredge on the side designated 2011] from the dredge by the signals prescribed in paragraph (c) of this section. PART 163—TOWING OF BARGES (c) Dredge shall display the red flag by day and four white lights hung in a Sec. vertical line by night to indicate the 163.01 Application. passing side. 163.03 Definitions. (d) Vessels shall not anchor on the 163.05 Tows of seagoing barges within in- ranges of stakes or other marks placed land waters. 163.20 Bunching of tows. for the guidance of the dredge, nor in such a manner as to obstruct the chan- AUTHORITY: 33 U.S.C. 152, 2071; 49 CFR nel for passing vessels. l.46(n). (e) Vessels shall not run over or dis- § 163.01 Application. turb stake, lanterns, or other marks placed for the guidance of the dredge. (a) The regulations in this part apply (f) Dredges working in the prosecu- to vessels navigating the harbors, riv- tion of the work shall not obstruct the ers, and inland waters of the United channel unnecessarily. States, except the Great Lakes and (g) The dredge will slack lines run- their connecting and tributary waters ning across the channel from the as far east as Montreal, the Red River dredge on the passing side, for passing of the North, the Mississippi River and vessels, when notified by signal, with its tributaries above Huey P. Long whistle or horn. Bridge, and that part of the (h) The position of anchors of the Atchafalaya River above its junction dredge shall be marked by buoys plain- with the Plaquemine-Morgan City ally visible to passing vessels. ternate waterway. (b) Seagoing barges and their towing § 162.270 Restricted areas in vicinity vessels shall be subject to the require- of Maritime Administration Reserve ments in this part under the provisions Fleets. of section 14 of the Act of May 28, 1908, (a) The regulations in this section as amended (sec. 14, 35 Stat. 428, as shall govern the use and navigation of amended; 33 U.S.C. 152). Under the pro- waters in the vicinity of the following visions of section 15 of the Act of May National Defense Reserve Fleets of the 28, 1908, as amended (sec. 15, 35 Stat. Maritime Administration, Department 429; 33 U.S.C. 153), the penalty for use of of Transportation: an unlawful towline shall be an action (1) James River Reserve Fleet, Fort against the master of the towing vessel Eustis, Virginia. seeking the suspension or revocation of (2) Beaumont Reserve Fleet, Neches his license or merchant mariner cre- River near Beaumont, Texas. dential. (3) Suisun Bay Reserve Fleet near [CGFR 60–61, 25 FR 9045, Sept. 21, 1960, as Benicia, California. amended by CGFR 66–59, 31 FR 13647, Oct. 22, (b) No vessels or other watercraft, ex- 1966. Redesignated by CGD 81–017, 46 FR cept those owned or controlled by the 28154, May 26, 1981; USCG–2006–24371, 74 FR United States Government, shall cruise 11213, Mar. 16, 2009] or anchor between Reserve Fleet units within 500 feet of the end vessels in § 163.03 Definitions. each Reserve Fleet unit, or within 500 The following definition applies to feet of the extreme units of the fleets, this part:

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Merchant mariner credential or MMC 164.35 Equipment: All vessels. means the credential issued by the 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 (ARPA). mariner’s document, license, and cer- 164.39 Steering gear: Foreign tankers. tificate of registry enumerated in 46 164.40 Devices to indicate speed and dis- U.S.C. subtitle II part E as well as the tance. STCW endorsement into a single cre- 164.41 Electronic position fixing devices. dential that serves as the mariner’s 164.42 Rate of turn indicator. qualification document, certificate of 164.46 Automatic Identification System identification, and certificate of serv- (AIS). ice. 164.51 Deviations from rules: Emergency. 164.53 Deviations from rules and reporting: [USCG–2006–24371, 74 FR 11213, Mar. 16, 2009] Non-operating equipment. 164.55 Deviations from rules: Continuing op- § 163.05 Tows of seagoing barges with- eration or period of time. in inland waters. 164.61 Marine casualty reporting and record (a) The tows of seagoing barges when retention. 164.70 Definitions. navigating the inland waters of the 164.72 Navigational-safety equipment, United States shall be limited in charts or maps, and publications re- length to five vessels, including the quired on towing vessels. towing vessel or vessels. 164.74 Towline and terminal gear for towing astern. [CGFR 60–61, 25 FR 9045, Sept. 21, 1960. Redes- 164.76 Towline and terminal gear for towing ignated by CGD 81–017, 46 FR 28154, May 26, alongside and pushing ahead. 1981] 164.78 Navigation under way: Towing vessels. § 163.20 Bunching of tows. 164.80 Tests, inspections, and voyage plan- (a) In all cases where tows can be ning. bunched, it should be done. 164.82 Maintenance, failure, and reporting. (b) Tows navigating in the North and AUTHORITY: 33 U.S.C. 1222(5), 1223, 1231; 46 East Rivers of New York must be U.S.C. 2103, 3703; E.O. 12234, 45 FR 58801, 3 bunched above a line drawn between CFR, 1980 Comp., p. 277; Department of Robbins Reef Light and Owls Head, Homeland Security Delegation No. 0170.1. Brooklyn, but the quarantine anchor- Sec. 164.13 also issued under 46 U.S.C. 8502. age and the north entrance to Ambrose Sec. 164.46 also issued under 46 U.S.C. 70114 Channel shall be avoided in the process and Sec. 102 of Pub. L. 107–295. Sec. 164.61 of bunching tows. also issued under 46 U.S.C. 6101. (c) Tows must be bunched above the § 164.01 Applicability. mouth of the Schuylkill River, Pa. (a) This part (except as specifically [CGFR 60–61, 25 FR 9045, Sept. 21, 1960, as limited by this section) applies to each amended by CGFR 64–21, 29 FR 5733, Apr. 30, self-propelled vessel of 1600 or more 1964. Redesignated by CGD 81–017, 46 FR 28154, May 26, 1981] gross tons (except as provided in paragraphs (c) and (d) of this section, or for foreign vessels described in § 164.02) PART 164—NAVIGATION SAFETY when it is operating in the navigable REGULATIONS waters of the United States except the St. Lawrence Seaway. Sec. (b) Sections 164.70 through 164.82 of 164.01 Applicability. 164.02 Applicability exception for foreign this part apply to each towing vessel of vessels. 12 meters (39.4 feet) or more in length 164.03 Incorporation by reference. operating in the navigable waters of 164.11 Navigation under way: General. the United States other than the St. 164.13 Navigation underway: tankers. Lawrence Seaway; except that a tow- 164.15 Navigation bridge visibility. ing vessel is exempt from the require- 164.19 Requirements for vessels at anchor. ments of § 164.72 if it is— 164.25 Tests before entering or getting underway. (1) Used solely within a limited geo- 164.30 Charts, publications, and equipment: graphic area, such as a fleeting-area for General. barges or a commercial facility, and 164.33 Charts and publications. used solely for restricted service, such

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as making up or breaking up larger tion, the Coast Guard must publish no- tows; tice of the change in the FEDERAL REG- (2) Used solely for assistance towing ISTER and the material must be avail- as defined by 46 CFR 10.103; able to the public. All approved mate- (3) Used solely for pollution response; rial is available for inspection at the or National Archives and Records Admin- (4) Any other vessel exempted by the istration (NARA). For more informa- Captain of the Port (COTP). The COTP, tion on the availability of this mate- upon written request, may, in writing, rial at NARA, call 202–741–6030, or go exempt a vessel from § 164.72 for a spec- to: www.archives.gov/federal-register/cfr/ ified route if he or she decides that ex- ibr-locations.html. Also, it is available empting it would not allow its unsafe for inspection at the Commandant (CG– navigation under anticipated condi- NAV), U.S. Coast Guard Stop 7418, tions. Attn: Office of Navigation Systems, (c) Provisions of §§ 164.11(a)(2) and (c), 2703 Martin Luther King Jr. Ave. SE., 164.30, 164.33, and 164.46 do not apply to Washington, DC 20593–7418, and is avail- warships or other vessels owned, able from the sources listed below. leased, or operated by the United (b) American Petroleum Institute States Government and used only in (API), 1220 L Street NW., Washington, government noncommercial service DC 20005–4070, 202–682–8000, www.api.org: when these vessels are equipped with (1) API Specification 9A, Specifica- electronic navigation systems that tion for Wire Rope, Section 3, Prop- have met the applicable agency regula- erties and Tests for Wire and Wire tions regarding navigation safety. Rope, May 28, 1984, IBR approved for (d) Provisions of § 164.46 apply to § 164.74. some self-propelled vessels of less than (2) [Reserved] 1600 gross tonnage. (c) ASTM International, 100 Barr [CGD 83–004, 49 FR 43466, Oct. 29, 1984, as Harbor Drive, West Conshohocken, PA amended by CGD 94–020, 61 FR 35072, July 3, 19428–2959, 610–832–9585, www.astm.org: 1996; USCG–2000–8300, 66 FR 21864, May 2, 2001; (1) ASTM D4268–93, Standard Test USCG–2003–14757, 68 FR 39367, July 1, 2003] Method for Testing Fiber Rope, IBR approved for § 164.74. § 164.02 Applicability exception for (2) [Reserved] foreign vessels. (d) Cordage Institute, 350 Lincoln (a) Except for § 164.46(c), none of the Street, Hingham, MA 02043. requirements of this part apply to for- (1) CIA–3, Standard Test Methods for eign vessels that: Fiber Rope Including Standard Termi- (1) Are not destined for, or departing nations, Revised, June 1980, IBR ap- from, a port or place subject to the ju- proved for § 164.74. risdiction of the United States; and (2) [Reserved] (2) Are in: (e) International Maritime Organiza- (i) Innocent passage through the ter- tion (IMO), 4 Albert Embankment, ritorial sea of the United States; or London SE1 7SR, United Kingdom, (ii) Transit through navigable waters www.imo.org: of the United States which form a part (1) IMO Resolution A342(IX), Rec- of an international strait. ommendation on Performance Stand- [CGD 77–063, 44 FR 66530, Nov. 19, 1979, as ards for Automatic Pilots, November amended by CGD 79–148, 45 FR 54039, Aug. 14, 12, 1975, IBR approved for § 164.13. 1980; USCG–2003–14757, 68 FR 39367, July 1, (2) IMO Resolution A.917(22), Guide- 2003; 68 FR 60569, Oct. 22, 2003; USCG–2005– lines for the Onboard Operational Use 21869, 80 FR 5334, Jan. 30, 2015] of Shipborne Automatic Identification System (AIS), January 25, 2002, IBR ap- § 164.03 Incorporation by reference. proved for § 164.46. (a) Certain material is incorporated (3) SN/Circ.227, Guidelines for the In- by reference into this part with the ap- stallation of a Shipborne Automatic proval of the Director of the Federal Identification System (AIS), January 6, Register under 5 U.S.C. 552(a) and 1 2003, IBR approved for § 164.46. CFR part 51. To enforce any edition (4) SN/Circ.244, Guidance on the Use other than that specified in this sec- of the UN/LOCODE in the Destination

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Field in AIS Messages, December 15, § 164.11 Navigation under way: Gen- 2004, IBR approved for § 164.46. eral. (5) SN/Circ.245, Amendments to the The owner, master, or person in Guidelines for the Installation of a charge of each vessel underway shall Shipborne Automatic Identification ensure that: System (AIS)(SN/Circ.227), December (a) The wheelhouse is constantly 15, 2004, IBR approved for § 164.46. manned by persons who: (6) SOLAS, International Convention (1) Direct and control the movement for the Safety of Life at Sea, 1974, and of the vessel; and 1988 Protocol relating thereto, 2000 (2) Fix the vessel’s position; Amendments, effective January and (b) Each person performing a duty de- July 2002, (SOLAS 2000 Amendments), scribed in paragraph (a) of this section IBR approved for § 164.46. is competent to perform that duty; (7) Conference resolution 1, Adoption (c) The position of the vessel at each of amendments to the Annex to the fix is plotted on a chart of the area and International Convention for the Safe- the person directing the movement of ty of Life at Sea, 1974, and amendments the vessel is informed of the vessel’s position; to Chapter V of SOLAS 1974, adopted (d) Electronic and other navigational on December 12, 2002, IBR approved for equipment, external fixed aids to navi- § 164.46. gation, geographic reference points, (8) SN.1/Circ.289, Guidance on the Use and hydrographic contours are used of AIS Application-Specific Messages, when fixing the vessel’s position; June 2, 2010, IBR approved for § 164.46. (e) Buoys alone are not used to fix (f) National Marine Electronics Asso- the vessel’s position; ciation (NMEA), 7 Riggs Avenue, Se- verna Park, MD 21146, 800–808–6632, NOTE: Buoys are aids to navigation placed in approximate positions to alert the mar- www.nmea.org: iner to hazards to navigation or to indicate (1) NMEA 0400, Installation Standard the orientation of a channel. Buoys may not for Marine Electronic Equipment used maintain an exact position because strong or on Moderate-Sized Vessels, Version varying currents, heavy seas, ice, and colli- 3.10, February 2012, IBR approved for sions with vessels can move or sink them or set them adrift. Although buoys may cor- § 164.46. roborate a position fixed by other means, (2) [Reserved] buoys cannot be used to fix a position: how- (g) Radio Technical Commission for ever, if no other aids are available, buoys Maritime Services (RTCM), 1611 N. alone may be used to establish an estimated Kent St., Suite 605, Arlington, VA position. 22209, 703–527–2000, www.rtcm.org: (f) The danger of each closing visual (1) RTCM Paper 12–78/DO–100, Min- or each closing radar contact is evalu- imum Performance Standards, Loran C ated and the person directing the Receiving Equipment, 1977, IBR ap- movement of the vessel knows the proved for § 164.41. evaluation; (2) RTCM Paper 71–95/SC112–STD, (g) Rudder orders are executed as RTCM Recommended Standards for given; Marine Radar Equipment Installed on (h) Engine speed and direction orders Ships of Less Than 300 Tons Gross Ton- are executed as given; nage, Version 1.1, October 10, 1995, IBR (i) Magnetic variation and deviation approved for § 164.72. and gyrocompass errors are known and correctly applied by the person direct- (3) RTCM Paper 191–93/SC112–X, ing the movement of the vessel; RTCM Recommended Standards for (j) A person whom he has determined Maritime Radar Equipment Installed is competent to steer the vessel is in on Ships of 300 Tons Gross Tonnage and the wheelhouse at all times; 1 Upwards, Version 1.2, December 20, 1993, IBR approved for § 164.72. 1 See also 46 U.S.C. 8702(d), which requires [USCG–2005–21869, 80 FR 5334, Jan. 30, 2015, as an able seaman at the wheel on U.S. vessels amended by USCG–2015–0433, 80 FR 44282, of 100 gross tons or more in narrow or crowd- July 27, 2015] ed waters during low visibility.

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(k) If a pilot other than a member of and their connecting and tributary the vessel’s crew is employed, the pilot waters, and except as required by para- is informed of the draft, maneuvering graph (u) of this section. characteristics, and peculiarities of the (u) On each passenger vessel meeting vessel and of any abnormal cir- the requirements of the International cumstances on the vessel that may af- Convention for the Safety of Life at fect its safe navigation. Sea, 1960 (SOLAS 60) and on each cargo (l) Current velocity and direction for vessel meeting the requirements of the area to be transited are known by SOLAS 74 as amended in 1981, the num- the person directing the movement of ber of steering-gear power units nec- the vessel; essary to move the rudder from 35° on (m) Predicted set and drift are known either side to 30° on the other in not by the person directing movement of more than 28 seconds must be in simul- the vessel; taneous operation. (n) Tidal state for the area to be transited is known by the person di- [CGD 74–77, 42 FR 5956, Jan. 31, 1977, as recting movement of the vessel; amended by CGD 83–004, 49 FR 43466, Oct. 29, (o) The vessel’s anchors are ready for 1984; CGD 91–203, 58 FR 27633, May 10, 1993; letting go; CGD 83–043, 60 FR 24771, May 10, 1995] (p) The person directing the movement of the vessel sets the vessel’s § 164.13 Navigation underway: tankers. speed with consideration for: (a) As used in this section, ‘‘tanker’’ (1) The prevailing visibility and means a self-propelled tank vessel, in- weather conditions; cluding integrated tug barge combina- (2) The proximity of the vessel to tions, constructed or adapted primarily fixed shore and marine structures; to carry oil or hazardous material in (3) The tendency of the vessel under- bulk in the cargo spaces and inspected way to squat and suffer impairment of and certificated as a tanker. maneuverability when there is small (b) Each tanker must have an engi- underkeel clearance; neering watch capable of monitoring (4) The comparative proportions of the propulsion system, communicating the vessel and the channel; with the bridge, and implementing (5) The density of marine traffic; manual control measures immediately (6) The damage that might be caused when necessary. The watch must be by the vessel’s wake; physically present in the machinery (7) The strength and direction of the spaces or in the main control space and current; and must consist of at least an engineer (8) Any local vessel speed limit; with an appropriately endorsed license (q) The tests required by § 164.25 are or merchant mariner credential. made and recorded in the vessel’s log; (c) Each tanker must navigate with and at least two deck officers with an ap- (r) The equipment required by this propriately endorsed license or mer- part is maintained in operable condi- chant mariner credential on watch on tion. the bridge, one of whom may be a pilot. (s) Upon entering U.S. waters, the steering wheel or lever on the navi- In waters where a pilot is required, the gating bridge is operated to determine second officer, must be an individual if the steering equipment is operating holding an appropriately endorsed li- properly under manual control, unless cense or merchant mariner credential the vessel has been steered under man- and assigned to the vessel as master, ual control from the navigating bridge mate, or officer in charge of a naviga- within the preceding 2 hours, except tional watch, who is separate and dis- when operating on the Great Lakes and tinct from the pilot. their connecting and tributary waters. (d) Except as specified in paragraph (t) At least two of the steering-gear (e) of this section, a tanker may oper- power units on the vessel are in operate with an auto pilot engaged only if ation when such units are capable of si- all of the following conditions exist: multaneous operation, except when the (1) The operation and performance of vessel is sailing on the Great Lakes the automatic pilot conforms with the

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standards recommended by the Inter- cargo, cargo gear, or other permanent national Maritime Organization in IMO obstruction must not exceed 5 degrees. Resolution A.342(IX). (2) From the conning position, the (2) A qualified helmsman is present horizontal field of vision must extend at the helm and prepared at all times over an arc from at least 22.5 degrees to assume manual control. abaft the beam on one side of the ves- (3) The tanker is not operating in any sel, through dead ahead, to at least 22.5 of the following areas: degrees abaft the beam on the other (i) The areas of the traffic separation side of the vessel. Blind sectors forward schemes specified in subchapter P of of the beam caused by cargo, cargo this chapter. gear, or other permanent obstruction (ii) The portions of a shipping safety must not exceed 10 degrees each, nor fairway specified in part 166 of this total more than 20 degrees, including chapter. any blind sector within the arc of visi- (iii) An anchorage ground specified in bility described in paragraph (a)(1) of part 110 of this chapter. this section. (iv) An area within one-half nautical (3) From each bridge wing, the field mile of any U.S. shore. of vision must extend over an arc from (e) A tanker equipped with an inte- at least 45 degrees on the opposite bow, grated navigation system, and com- through dead ahead, to at least dead plying with paragraph (d)(2) of this sec- astern. tion, may use the system with the auto (4) From the main steering position, pilot engaged while in the areas de- the field of vision must extend over an scribed in paragraphs (d)(3) (i) and (ii) arc from dead ahead to at least 60 de- of this section. The master shall pro- grees on either side of the vessel. vide, upon request, documentation (b) A clear view must be provided showing that the integrated navigation through at least two front windows at system— all times regardless of weather condi- (1) Can maintain a predetermined tions. trackline with a cross track error of [CGD 85–099, 55 FR 32247, Aug. 8, 1990, as less than 10 meters 95 percent of the amended by USCG–2006–25150, 71 FR 39211, time; July 12, 2006] (2) Provides continuous position data accurate to within 20 meters 95 percent § 164.19 Requirements for vessels at of the time; and anchor. (3) Has an immediate override con- The master or person in charge of trol. each vessel that is anchored shall ensure that: [CGD 91–203, 58 FR 27633, May 10, 1993, as amended by CGD 91–203, 58 FR 36141, July 6, (a) A proper anchor watch is main- 1993; USCG–2006–24371, 74 FR 11213, Mar. 16, tained; 2009] (b) Procedures are followed to detect a dragging anchor; and EFFECTIVE DATE NOTE: At 58 FR 36141, July (c) Whenever weather, tide, or cur- 6, 1993, § 164.13 was amended by suspending paragraph (e), effective July 9, 1993. rent conditions are likely to cause the vessel’s anchor to drag, action is taken § 164.15 Navigation bridge visibility. to ensure the safety of the vessel, (a) The arrangement of cargo, cargo structures, and other vessels, such as gear, and trim of all vessels entering or being ready to veer chain, let go a sec- departing from U.S. ports must be such ond anchor, or get underway using the that the field of vision from the navi- vessel’s own propulsion or tug assist- gation bridge conforms as closely as ance. possible to the following requirements: [CGD 74–77, 42 FR 5956, Jan. 31, 1977] (1) From the conning position, the view of the sea surface must not be ob- § 164.25 Tests before entering or get- scured by more than the lesser of two ting underway. ship lengths or 500 meters (1640 feet) (a) Except as provided in paragraphs from dead ahead to 10 degrees on either (b) and (c) of this section no person side of the vessel. Within this arc of may cause a vessel to enter into or get visibility any blind sector caused by underway on the navigable waters of

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the United States unless no more than on a regular basis at least once every 12 hours before entering or getting un- three months. This drill must include derway, the following equipment has at a minimum the following: been tested: (1) Operation of the main steering (1) Primary and secondary steering gear from within the steering gear gear. The test procedure includes a vis- compartment. ual inspection of the steering gear and (2) Operation of the means of commu- its connecting linkage, and, where ap- nications between the navigating plicable, the operation of the following: bridge and the steering compartment. (i) Each remote steering gear control (3) Operation of the alternative power system. supply for the steering gear if the ves- (ii) Each steering position located on sel is so equipped. the navigating bridge. (92 Stat. 1471 (33 U.S.C. 1221 et seq.); 49 CFR (iii) The main steering gear from the 1.46(n)(4)) alternative power supply, if installed. (iv) Each rudder angle indicator in [CGD 77–183, 45 FR 18925, Mar. 24, 1980, as relation to the actual position of the amended by CGD 83–004, 49 FR 43466, Oct. 29, 1984] rudder. (v) Each remote steering gear control § 164.30 Charts, publications, and system power failure alarm. equipment: General. (vi) Each remote steering gear power No person may operate or cause the unit failure alarm. operation of a vessel unless the vessel (vii) The full movement of the rudder has the marine charts, publications, to the required capabilities of the and equipment as required by §§ 164.33 steering gear. through 164.41 of this part. (2) All internal vessel control communications and vessel control alarms. [CGD 82–055, 48 FR 44535, Sept. 29, 1983] (3) Standby or emergency generator, for as long as necessary to show proper § 164.33 Charts and publications. functioning, including steady state (a) Each vessel must have the fol- temperature and pressure readings. lowing: (4) Storage batteries for emergency (1) Marine charts of the area to be lighting and power systems in vessel transited, published by the National control and propulsion machinery Ocean Service, U.S. Army Corps of En- spaces. gineers, or a river authority that— (5) Main propulsion machinery, ahead (i) Are of a large enough scale and and astern. have enough detail to make safe navi- (b) Vessels navigating on the Great gation of the area possible; and Lakes and their connecting and tribu- (ii) Are currently corrected. tary waters, having once completed the (2) For the area to be transited, a test requirements of this subpart, are currently corrected copy of, or applica- considered to remain in compliance ble currently corrected extract from, until arriving at the next port of call each of the following publications: on the Great Lakes. (i) U.S. Coast Pilot. (c) Vessels entering the Great Lakes (ii) Coast Guard Light List. from the St. Lawrence Seaway are con- (3) For the area to be transited, the sidered to be in compliance with this current edition of, or applicable cur- sub-part if the required tests are con- rent extract from: ducted preparatory to or during the (i) Tide tables published by private passage of the St. Lawrence Seaway or entities using data provided by the Na- within one hour of passing Wolfe Is- tional Ocean Service. land. (ii) Tidal current tables published by (d) No vessel may enter, or be oper- private entities using data provided by ated on the navigable waters of the the National Ocean Service, or river United States unless the emergency current publication issued by the U.S. steering drill described below has been Army Corps of Engineers, or a river au- conducted within 48 hours prior to thority. entry and logged in the vessel logbook, (b) As an alternative to the require- unless the drill is conducted and logged ments for paragraph (a) of this section,

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a marine chart or publication, or appli- maximum rudder angle and constant cable extract, published by a foreign power settings, for either full and half government may be substituted for a speeds, or for full and slow speeds. For U.S. chart and publication required by vessels whose turning circles are essen- this section. The chart must be of large tially the same for both directions, a enough scale and have enough detail to diagram showing a turning circle in make safe navigation of the area pos- one direction, with a note on the dia- sible, and must be currently corrected. gram stating that turns to port and The publication, or applicable extract, starboard are essentially the same, must singly or in combination contain may be substituted. similar information to the U.S. Gov- (2) The time and distance to stop the ernment publication to make safe navi- vessel from either full and half speeds, gation of the area possible. The publi- or from full and slow speeds, while cation, or applicable extract must be maintaining approximately the initial currently corrected, with the exceptions of tide and tidal current tables, heading with minimum application of which must be the current editions. the rudder. (c) As used in this section, ‘‘currently (3) For each vessel with a fixed pro- corrected’’ means corrected with peller, a table of shaft revolutions per changes contained in all Notices to minute for a representative range of Mariners published by the National speeds. Geospatial-Intelligence Agency, or an (4) For each vessel with a control- equivalent foreign government publica- lable pitch propeller, a table of control tion, reasonably available to the ves- settings for a representative range of sel, and that is applicable to the ves- speeds. sel’s transit. (5) For each vessel that is fitted with [CGD 82–055, 48 FR 44535, Sept. 29, 1983, as an auxiliary device to assist in maneu- amended by USCG–2001–9286, 66 FR 33641, vering, such as a bow thruster, a table June 25, 2001; USCG–2015–0433, 80 FR 44282, of vessel speeds at which the auxiliary July 27, 2015] device is effective in maneuvering the vessel. § 164.35 Equipment: All vessels. (6) The maneuvering information for Each vessel must have the following: the normal load and normal ballast (a) A marine radar system for surface condition for: navigation. (i) Calm weather—wind 10 knots or (b) An illuminated magnetic steering less, calm sea; compass, mounted in a binnacle, that (ii) No current; can be read at the vessel’s main steering stand. (iii) Deep water conditions—water (c) A current magnetic compass devi- depth twice the vessel’s draft or great- ation table or graph or compass com- er; and parison record for the steering com- (iv) Clean hull. pass, in the wheelhouse. (7) At the bottom of the fact sheet, (d) A gyrocompass. the following statement: (e) An illuminated repeater for the gyrocompass required by paragraph (d) WARNING of this section that is at the main The response of the (name of the vessel) steering stand, unless that gyro- may be different from that listed above if compass is illuminated and is at the any of the following conditions, upon which main steering stand. the maneuvering information is based, are (f) An illuminated rudder angle indi- varied: cator in the wheelhouse. (1) Calm weather—wind 10 knots or less, (g) The following maneuvering infor- calm sea; mation prominently displayed on a fact (2) No current; sheet in the wheelhouse: (3) Water depth twice the vessel’s draft or greater; (1) A turning circle diagram to port (4) Clean hull; and and starboard that shows the time and (5) Intermediate drafts or unusual trim. distance and advance and transfer required to alter course 90 degrees with (h) An echo depth sounding device.

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(i) A device that can continuously NOTE: Independent operation means two record the depth readings of the ves- completely separate systems, from separate sel’s echo depth sounding device, ex- branch power supply circuits or distribution cept when operating on the Great panels to antennas, so that failure of any component of one system will not render the Lakes and their connecting and tribu- other system inoperative. tary waters. (j) Equipment on the bridge for plot- (b) On each tanker of 10,000 gross tons ting relative motion. or more that is subject to 46 U.S.C. (k) Simple operating instructions 3708, the dual radar system required by with a block diagram, showing the this part must have a short range capa- change-over procedures for remote bility and a long range capability; and steering gear control systems and each radar must have true north fea- steering gear power units, permanently tures consisting of a display that is displayed on the navigating bridge and stabilized in azimuth. in the steering gear compartment. (Titles I and II, 86 Stat. 426, 427 (33 U.S.C. (l) An indicator readable from the 1224; 46 U.S.C. 391(a); 49 CFR 1.46(n)(4)) centerline conning position showing [CGD 77–016, 43 FR 32112, July 24, 1978, as the rate of revolution of each propeller, amended by CGD 79–033, 44 FR 26741, May 7, except when operating on the Great 1979; CGD 79–033, 47 FR 34389, Aug. 9, 1982; Lakes and their connecting and tribu- USCG–1998–3799, 63 FR 35532, June 30, 1998] tary waters. (m) If fitted with controllable pitch § 164.38 Automatic radar plotting aids propellers, an indicator readable from (ARPA). the centerline conning position show- (a) The following definitions are used ing the pitch and operational mode of in this section— such propellers, except when operating Bulk means material in any quantity on the Great Lakes and their con- that is shipped, stored, or handled necting and tributary waters. without benefit of package, label, mark (n) If fitted with lateral thrust pro- or count and carried in integral or pellers, an indicator readable from the fixed independent tanks. centerline conning position showing Constructed means a stage of con- the direction and amount of thrust of struction where— such propellers, except when operating (1) The keel is laid; on the Great Lakes and their con- (2) Construction identifiable with a necting and tributary waters. specific ship begins; or (o) A telephone or other means of (3) Assembly of that ship has com- communication for relaying headings menced comprising at least 50 tons or 1 to the emergency steering station. percent of the estimated mass of all Also, each vessel of 500 gross tons and structural material, whichever is less. over and constructed on or after June Hazardous material means— 9, 1995 must be provided with arrange- (1) A flammable liquid as defined in ments for supplying visual compass- 46 CFR 30.10–22 or a combustible liquid readings to the emergency steering sta- as defined in 46 CFR 30.10–15; tion. (2) A material listed in table 151.05 of (92 Stat. 1471 (33 U.S.C. 1221 et seq.); 49 CFR 46 CFR 151.05, table 1 of 46 CFR 153, or 1.46(n)(4)) table 4 of 46 CFR Part 154; or (3) A liquid, liquefied gas, or com- [CGD 74–77, 42 FR 5956, Jan. 31, 1977, as amended by CGD 77–183, 45 FR 18925, Mar. 24, pressed gas listed in 49 CFR 172.101. 1980; CGD 83–004, 49 FR 43466, Oct. 29, 1984; Self-propelled vessel includes those CGD 83–043, 60 FR 24771, May 10, 1995; 60 FR combinations of pushing vessel and 28834, June 2, 1995] vessel being pushed ahead which are rigidly connected in a composite unit § 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’’.

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Tank vessel means a vessel that is APPENDIX A TO § 164.38—PERFORMANCE STAND- constructed or adapted to carry; or car- ARDS FOR AUTOMATIC RADAR PLOTTING AIDS ries, oil or hazardous materials in bulk (ARPA) as cargo or cargo residue. 1 Introduction (b) An Automatic Radar Plotting Aid 1.1 The Automatic Radar Plotting Aids (ARPA) that complies with the stand- (ARPA) should, in order to improve the ard for such devices adopted by the standard of collision avoidance at sea: International Maritime Organization .1 Reduce the work-load of observers by in its ‘‘Operational Standards for Auto- enabling them to automatically obtain infor- matic Radar Plotting Aids’’ (Appendix mation so that they can perform as well with A), and that has both audible and vis- multiple targets as they can by manually ual alarms, must be installed as fol- plotting a single target; and .2 Provide continuous, accurate and rapid lows: situation evaluation. (1) Each self-propelled vessel, except 1.2 In addition to the General Require- a public vessel, of 10,000 gross tons or ments for Electronic Navigational Aids more carrying oil or hazardous mate- ([IMO] Res. A.281(VII)), the ARPA should rials in bulk as cargo or in residue on comply with the following minimum per- the navigable waters of the United formance standards. States, or which transfers oil or haz- 2 Definitions ardous materials in any port or place subject to the jurisdiction of the 2.1 Definitions of terms in these perform- United States, must be equipped with ance standards are given in Annex 1. an ARPA. 3 Performance Standards (2) Each tank vessel of 10,000 gross tons or more operating on the navi- 3.1 Detection 3.1.1 Where a separate facility is provided gable waters of the United States must for detection of targets, other than by the be equipped with an ARPA. radar observer, it should have a performance (3) Each self-propelled vessel of 15,000 not inferior to that which could be obtained gross tons or more that is not a tank by the use of the radar display. vessel, and is not carrying oil or haz- 3.2 Acquisition ardous material in bulk as cargo or in 3.2.1 Target acquisition may be manual or residue operating on the navigable automatic. However, there should always be a facility to provide for manual acquisition waters of the United States, and was and cancellation. ARPA with automatic ac- constructed before September 1, 1984, quisition should have a facility to suppress must be equipped with an ARPA, ex- acquisition in certain areas. On any range cept when it is operating on the Great scale where acquisition is suppressed over a Lakes and their connecting and tribu- certain area, the area of acquisition should tary waters. be indicated on the display. 3.2.2 Automatic or manual acquisition (4) Each vessel of 10,000 gross tons or should have a performance not inferior to more, except when operating on the that which could be obtained by the user of Great Lakes and their connecting and the radar display. tributary waters, constructed on or 3.3 Tracking after September 1, 1984 must be 3.3.1 The ARPA should be able to auto- equipped with an ARPA. matically track, process, simultaneously dis- (c) [Reserved] play and continuously update the information on at least: (d)(1) Each device required under paragraph (b) of this section must have .1 20 targets, if automatic acquisition is provided, whether automatically or manu- a permanently affixed label containing: ally acquired; or (i) The name and address of the man- .2 10 targets, if only manual acquisition is ufacturer; and provided. (ii) The following statement: 3.3.2 If automatic acquisition is provided, ‘‘This device was designed and manu- description of the criteria of selection of tar- factured to comply with the Inter- gets for tracking should be provided to the national Maritime Organization (IMO) user. If the ARPA does not track all targets visible on the display, targets which are ‘Performance Standards for Automatic being tracked should be clearly indicated on Radar Plotting Aids (ARPA).’ ’’ the display. The reliability of tracking (2) [Reserved] should not be less than that obtainable using

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manual recording of successive target posi- .3 Vectors displayed should be either time tions obtained from the radar display. adjustable or have a fixed time-scale; 3.3.3 Provided the target is not subject to .4 A positive indication of the time-scale target swop, the ARPA should continue to of the vector in use should be given. track an acquired target which is clearly dis- 3.4.8 The ARPA information should not tinguishable on the display for 5 out of 10 obscure radar information in such a manner consecutive scans. as to degrade the process of detecting tar- 3.3.4 The possibility of tracking errors, in- gets. The display of ARPA data should be cluding target swop, should be minimized by under the control of the radar observer. It ARPA design. A qualitative description of should be possible to cancel the display of the effects of error sources on the automatic unwanted ARPA data. tracking and corresponding errors should be 3.4.9 Means should be provided to adjust provided to the user, including the effects of independently the brilliance of the ARPA low signal to noise and low signal to clutter data and radar data, including complete ratios caused by sea returns, rain, snow, low elimination of the ARPA data. clouds and non-synchronous emission. 3.4.10 The method of presentation should 3.3.5 The ARPA should be able to display ensure that the ARPA data is clearly visible on request at least four equally time-spaced in general to more than one observer in the past positions of any targets being tracked conditions of light normally experienced on over a period of at least eight minutes. the bridge of a ship by day and by night. 3.4 Display Screening may be provided to shade the dis- 3.4.1 The Display may be a separate or in- play from sunlight but not to the extent that tegral part of the ship’s radar. However, the it will impair the observer’s ability to main- ARPA display should include all the data re- tain a proper lookout. Facilities to adjust quired to be provided by a radar display in the brightness should be provided. accordance with the performance standards 3.4.11 Provisions should be made to obtain for navigational radar equipment adopted by quickly the range and bearing of any object the Organization. which appears on the ARPA display. 3.4.2 The design should be such that any 3.4.12 When a target appears on the radar malfunction of ARPA parts producing infor- display and, in the case of automatic acquisi- mation additional to information to be pro- tion, enters within the acquisition area cho- duced by the radar as required by the per- sen by the observer or, in the case of manual formance standards for navigational equip- acquisition, has been acquired by the ob- ment adopted by IMO should not affect the server, the ARPA should present in a period integrity of the basic radar presentation. of not more than one minute an indication of 3.4.3 The display on which ARPA informa- the target’s motion trend and display within tion is presented should have an effective di- three minutes the target’s predicted motion ameter of at least 340 mm. in accordance with paragraphs 3.4.7, 3.6, 3.8.2 3.4.4 The ARPA facilities should be avail- and 3.8.3. able on at least the following range scales: 3.4.13 After changing range scales on .1 12 or 16 miles; which the ARPA facilities are available or .2 3 or 4 miles. resetting the display, full plotting informa- 3.4.5 There should be a positive indication tion should be displayed within a period of of the range scale in use. time not exceeding four scans. 3.4.6 The ARPA should be capable of oper- 3.5 Operational Warnings ating with a relative motion display with 3.5.1 The ARPA should have the capa- ‘‘north-up’’ and either ‘‘head-up’’ or ‘‘course- bility to warn the observer with a visual and/ up’’ azimuth stabilization. In addition, the or audible signal of any distinguishable tar- ARPA may also provide for a true motion get which closes to a range or transits a zone 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

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3.6.1 At the request of the observer the and 3.8.3 for the four scenarios defined in following information should be immediately Annex 2. With the sensor errors specified in available from the ARPA in alphanumeric Annex 3, the values given relate to the best form in regard to any tracked target: possible manual plotting performance under 1. Present range to the target; environmental conditions of plus and minus 2. Present bearing of the target;. ten degrees of roll. .3 Predicted target range at the closest 3.8.2 An ARPA should present within one point of approach (CPA); minute of steady state tracking the relative .4 Predicted time to CPA (TCPA); motion trend of a target with the following .5 Calculated true course of target; accuracy values (95 percent probability values): .6 Calculated true speed of target. 3.7 Trial Manoeuvre Relative Relative 3.7.1 The ARPA should be capable of sim- Scenario/data course (de- speed CPA (n.m.) ulating the effect on all tracked targets of grees) (Knots) an own ship manoeuvre without interrupting 1 ...... 11 2.8 1.6 the updating of target information. The sim- 2 ...... 7 0.6 ...... ulation should be initiated by the depression 3 ...... 14 2.2 1.8 either of a spring-loaded switch, or of a func- 4 ...... 15 1.5 2.0 tion key, with a positive identification on the display. 3.8.3 An ARPA should present within 3.8 Accuracy three minutes of steady state tracking the 3.8.1 The ARPA should provide accuracies motion of a target with the following accu- not less than those given in paragraphs 3.8.2 racy values (95 percent probability values):

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, of providing the ship’s speed through the has completed a manoeuvre, the system water. should present in a period of not more than one minute an indication of the target’s mo- ANNEX 1 TO APPENDIX A TO § 164.38—DEFINI- tion trend, and display within three minutes TIONS OF TERMS TO BE USED ONLY IN CON- the target’s predicted motion in accordance NECTION WITH ARPA PERFORMANCE STAND- with paragraphs 3.4.7, 3.6, 3.8.2 and 3.8.3 ARDS 3.8.5 The ARPA should be designed in Relative course—The direction of motion such a manner that under the most favorable of a target related to own ship as deduced conditions of own ship motion the error con- from a number of measurements of its range tribution from the ARPA should remain in- and bearing on the radar. Expressed as an an- significant compared to the errors associated gular distance from North. with the input sensors, for scenarios of Relative speed—The speed of a target re- Annex 2. lated to own ship, as deduced from a number 3.9 Connections with other equipment of measurements of its range and bearing on 3.9.1 The ARPA should not degrade the the radar. performance of any equipment providing sen- True course—The apparent heading of a sor inputs. The connection of the ARPA to target obtained by the vectorial combination any other equipment should not degrade the of the target’s relative motion and ship’s performance of that equipment. own motion 1. Expressed as an angular dis- 3.10 Performance test and warnings tance from North. 3.10.1 The ARPA should provide suitable True speed—The speed of a target obtained warnings of ARPA malfunction to enable the by the vectorial combination of its relative 1 observer to monitor the proper operation of motion and own ship’s motion . the system. Additionally test programmes Bearing—The direction of one terrestrial should be available so that the overall per- point from another. Expressed as an angular formance of ARPA can be assessed periodi- distance from North. cally against a known solution. 3.11 Equipment used with ARPA 1 For the purpose of these definitions there 3.11.1 Log and speed indicators providing is no need to distinguish between sea or inputs to ARPA equipment should be capable ground stabilization.

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Relative motion display—The position of Bearing of target—000° own ship on such a display remains fixed. Relative course of target—090° True motion display—The position of own Relative speed of target—10 kt ship on such display moves in accordance with its own motion. Scenario 3 Azimuth stabilization—Own ship’s compass Own ship course—000° information is fed to the display so that Own ship speed—5 kt echoes of targets on the display will not be Target range—8 n.m. caused to smear by changes of own ship’s Bearing of target—045° heading. Relative course of target—225° /North-up—The line connecting the center Relative speed of target—20 kt with the top of this display is North. /Head-up—The line connecting the center Scenario 4 with the top of the display is own ship Own ship course—000° heading. Own ship speed—25 kt /Course-up—An intended course can be set to Target range—8 n.m. the line connecting the center with the Bearing of target—045° top of the display. Relative course of target—225° Heading—The direction in which the bow Relative speed of target—20 kt of a vessel is pointing. Expressed as an angular distance from North. ANNEX 3 TO APPENDIX A TO § 164.38—SENSOR Target’s predicted motion—The indication ERRORS on the display of a liner extrapolation into The accuracy figures quoted in paragraph the future of a target’s motion, based on 3.8 are based upon the following sensor errors measurements of the target’s range and and are appropriate to equipment complying bearing on the radar in the recent past. with the Organization’s performance stand- Target’s motion trend—An early indica- ards for shipborne navigational equipment. 2 tion of the target’s predicted motion. Radar Plotting—The whole process of tar- Note: o means ‘‘standard deviation’’ get detection, tracking, calculation of parameters and display of information. Radar Detection—The recognition of the presence Target Glint (Scintillation) (for 200 m of a target. length target) Acquisition—The selection of those targets Along length of target o = 30 m. (normal requiring a tracking procedure and the initi- distribution) ation of their tracking. Across beam of target o = 1 m. (normal dis- Tracking—The process of observing the se- tribution) quential changes in the position of a target, Roll-Pitch Bearing. The bearing error will to establish its motion. peak in each of the four quadrants around Display—The plan position presentation of own ship for targets on relative bearings of ARPA data with radar data. 045°, 135°, 225° and 315° and will be zero at rel- Manual—An activity which a radar ob- ative bearings of 0°, 90°, 180° and 270°. This server performs, possibly with assistance error has a sinusoidal variation at twice the from a machine. roll frequency. For a 10° roll the mean error Automatic—An activity which is per- is 0.22° with a 0.22° peak sine wave super- formed wholly by a machine. imposed. Beam shape—assumed normal distribution ANNEX 2 TO APPENDIX A TO § 164.38— giving bearing error with o = 0.05. OPERATIONAL SCENARIOS Pulse shape— assumed normal distribution For each of the following scenarios pre- giving range error with o = 20 meters. dictions are made at the target position defined after previously tracking for the appro- 2 In calculations leading to the accuracy priate time of one or three minutes: figures quoted in paragraph 3.8, these sensor Scenario 1 error sources and magnitudes were used. They were arrived at during discussions with Own ship course—000° national government agencies and equip- Own ship speed—10 kt ment manufacturers and are appropriate to Target range—8 n.m. equipments complying with the Organiza- Bearing of target—000° tion’s draft performance standards for radar Relative course of target—180° equipment (preliminary) (NAV XXII/WP.14), Relative speed of target—20 kt gyro compasses (NAV XXI/9, Annex X) and logs (preliminary) (NAV XXII/WP.15). Scenario 2 Independent studies carried out by na- Own ship course—000° tional government agencies and equipment Own ship speed—10 kt manufacturers have resulted in similar accu- Target range—1 n.m. racies, where comparisons were made.

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Antenna backlash—assumed rectangular scales in order to permit rapid evaluation of distribution giving bearing error ±0.5 max- the displayed data. imum. Target acquisition, for display data purposes, may be manual, automatic or both, as Quantization specified by Owner. Bearing—rectangular distribution ±0.01° For any manual acquisition system the maximum. alarms shall be initiated by a preset min- Range—rectangular distribution ±0.01 n.m. imum range; and likewise for any automatic maximum. acquisition system the alarms shall be initi- Bearing encoder assumed to be running ated by a preset minimum acceptable pass- from a remote synchro giving bearing errors ing distance (CPA—Closest Point of Ap- with a normal distribution o = 0.03° proach) and a preset advance warning time (TCPA—Time to Closest Point of Approach). Gyro compass Means shall be provided to silence the audio alarm for a given threat but the alarm shall ° Calibration error 0.5 . resound upon a subsequent threat. The vis- Normal distribution about this with o = ual alarm shall continue to operate until all ° 0.12 . threats have been eliminated. If the collision Log avoidance system fails to perform as indicated above, after the system is set for unat- Calibration error 0.5 kt. tended monitoring, the system shall produce Normal distribution about this, 3 o = 0.2 both audio and visual warning alarms. kt. The system shall be capable of simulating a trial maneuver. APPENDIX B TO § 164.38—U.S. MARITIME AD- In addition to the target display, an alpha- MINISTRATION COLLISION AVOIDANCE SYSTEM numeric readout shall be provided which can SPECIFICATION present range, bearing, course, speed, CPA A collision system designed as a supple- and TCPA for any selected target, either on ment to both surface search navigational ra- the target display or by other display means. dars via interswitching shall be installed. The collision avoidance system shall be en- The system shall provide unattended moni- ergized from the interior communications toring of all radar echoes and automatic panel board in the wheelhouse. audio and visual alarm signals that will alert The collision avoidance function may be the watch officer of a possible threat. The incorporated in an integrated conning sys- display shall be contained within a console tem, provided that failure of any other inte- capable of being installed adjacent to the grated system component will not degrade radar displays in the wheelhouse and may the collision avoidance function. form a part of the bridge console. [CGD 79–148, 45 FR 54039, Aug. 14, 1980; 45 FR Provision for signal input from the ship’s 71800, Oct. 30, 1980, as amended by CGD 83– radars, gyro compass, and speed log, without 004, 49 FR 43467, Oct. 29, 1984; USCG–1998–3799, modification to these equipments shall be 63 FR 35532, June 30, 1998; USCG–2011–0257, 76 made. The collision avoidance system, FR 31838, June 2, 2011] whether operating normally or having failed, must not introduce any spurious signals or § 164.39 Steering gear: Foreign tank- otherwise degrade the performance of the ra- ers. dars, the gyro compass or the speed log. Computer generated display data for each (a) This section applies to each for- acquired target shall be in the form of a line eign tanker of 10,000 gross tons or or vector indicating true or relative target more, except a public vessel, that— course, speed and both present and extrapo- (1) Transfers oil at a port or place lated future positions. Data shall be auto- subject to the jurisdiction of the matically displayed on a cathode ray tube or United States; or other suitable display contrivance sufficiently bright and unobstructed to permit (2) Otherwise enters or operates in viewing by more than one person at a time. the navigable waters of the United In addition to displaying the collision po- States, except a vessel described by tential of the most threatening fixed and § 164.02 of this part. moving targets, the system shall be capable (b) Definitions. The terms used in this of simultaneously showing land masses. section are as follows: The system display shall include a heading Constructed means the same as in indication and bearing ring. The system Chapter II–1, Regulations 1.1.2 and shall also have the capability of allowing the operator to select ‘‘head-up’’ and to cancel 1.1.3.1, of SOLAS 74. the vector or line presentation of any of the Existing tanker means a tanker— targets. The presentation shall be non- (1) For which the building contract is smearing when changing modes or display placed on or after June 1, 1979;

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(2) In the absence of a building con- vessel, or 0.5 knot, whichever is great- tract, the keel of which is laid or which er. is at a similar stage of construction on (3) Errors in the indicated distance or after January 1, 1980; run, when the vessel is operating free (3) The delivery of which occurs on or from shallow water effect, and from the after June 1, 1982; or effects of wind, current, and tide, (4) That has undergone a major con- should not exceed 5 percent of the dis- version contracted for on or after June tance run of the vessel in one hour or 1, 1979; or construction of which was 0.5 nautical mile in each hour, which- begun on or after January 1, 1980, or ever is greater. completed on or after June 1, 1982. [CGD 83–004, 49 FR 43467, Oct. 29, 1984, as Public vessel, oil, hazardous materials, amended by USCG–1998–3799, 63 FR 35532, and foreign vessel mean the same as in June 30, 1998] 46 U.S.C. 2101. SOLAS 74 means the International § 164.41 Electronic position fixing de- Convention for the Safety of Life at vices. Sea, 1974, as amended. (a) Each vessel calling at a port in Tanker means a self-propelled vessel the continental United States, includ- defined as a tanker by 46 U.S.C. 2101(38) ing Alaska south of Cape Prince of or as a tank vessel by 46 U.S.C. 2101(39). Wales, except each vessel owned or (c) Each tanker constructed on or bareboat chartered and operated by the after September 1, 1984, must meet the United States, or by a state or its po- applicable requirements of Chapter II– litical subdivision, or by a foreign na- 1, Regulations 29 and 30, of SOLAS 74. tion, and not engaged in commerce, (d) Each tanker constructed before must have a satellite navigation re- September 1, 1984, must meet the re- ceiver with— quirements of Chapter II–1, Regulation (1) Automatic acquisition of satellite 29.19, of SOLAS 74. signals after initial operator settings (e) Each tanker of 40,000 gross tons or have been entered; and more, constructed before September 1, (2) Position updates derived from sat- 1984, that does not meet the single-fail- ellite information during each usable ure criterion of Chapter II–1, Regula- satellite pass. tion 29.16, of SOLAS 74, must meet the (b) A system that is found by the requirements of Chapter II–1, Regula- Commandant to meet the intent of the tion 29.20, of SOLAS 74. statements of availability, coverage, (f) Each tanker constructed before and accuracy for the U.S. Coastal Con- September 1, 1984, must meet the appli- fluence Zone (CCZ) contained in the cable requirements of Chapter II–1, U.S. ‘‘Federal Radionavigation Plan’’ Regulations 29.14 and 29.15, of SOLAS (Report No. DOD–NO 4650.4–P, I or No. 74. DOT–TSC–RSPA–80–16, I). A person de- [CGD 83–043, 60 FR 24771, May 10, 1995] siring a finding by the Commandant under this subparagraph must submit a § 164.40 Devices to indicate speed and written application describing the de- distance. vice to the Commandant (CG–DCO–D), (a) Each vessel required to be fitted Attn: Deputy for Operations Policy and with an Automatic Radar Plotting Aid Capabilities, U.S. Coast Guard Stop (ARPA) under § 164.38 of this part must 7318, 2703 Martin Luther King Jr. Ave- be fitted with a device to indicate nue SE., Washington, DC 20593–7318. speed and distance of the vessel either After reviewing the application, the through the water or over the ground. Commandant may request additional (b) The device must meet the fol- information to establish whether or lowing specifications: not the device meets the intent of the (1) The display must be easily read- Federal Radionavigation Plan. Note: able on the bridge by day or night. The Federal Radionavigation Plan is (2) Errors in the indicated speed, available from the National Technical when the vessel is operating free from Information Service, Springfield, Va. shallow water effect, and from the ef- 22161, with the following Government fects of wind, current, and tide, should Accession Numbers: not exceed 5 percent of the speed of the Vol 1, ADA 116468

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Vol 2, ADA 116469 (b) AIS carriage—(1) AIS Class A de- Vol 3, ADA 116470 vice. The following vessels must have Vol 4, ADA 116471 on board a properly installed, operational Coast Guard type-approved AIS [USCG–2011–0257, 76 FR 31838, June 2, 2011, as amended by USCG–2014–0410, 79 FR 38442, Class A device: July 7, 2014] (i) A self-propelled vessel of 65 feet or more in length, engaged in commercial § 164.42 Rate of turn indicator. service. Each vessel of 100,000 gross tons or (ii) A towing vessel of 26 feet or more more constructed on or after Sep- in length and more than 600 horse- tember 1, 1984 shall be fitted with a power, engaged in commercial service. rate of turn indicator. (iii) A self-propelled vessel that is certificated to carry more than 150 pas- [CGD 83–004, 49 FR 43468, Oct. 29, 1984] sengers. (iv) A self-propelled vessel engaged in § 164.46 Automatic Identification Sys- tem. dredging operations in or near a commercial channel or shipping fairway in (a) Definitions. As used in this sec- a manner likely to restrict or affect tion— navigation of other vessels. Automatic Identification Systems or AIS (v) A self-propelled vessel engaged in means a maritime navigation safety the movement of— communications system standardized (A) Certain dangerous cargo as de- by the International Telecommuni- fined in subpart C of part 160 of this cation Union (ITU), adopted by the chapter, or International Maritime Organization (B) Flammable or combustible liquid (IMO), that— cargo in bulk that is listed in 46 CFR (1) Provides vessel information, in- 30.25–1, Table 30.25–1. cluding the vessel’s identity, type, po- (2) AIS Class B device. Use of a Coast sition, course, speed, navigational sta- Guard type-approved AIS Class B de- tus and other safety-related informa- vice in lieu of an AIS Class A device is tion automatically to appropriately permissible on the following vessels if equipped shore stations, other ships, they are not subject to pilotage by and aircraft; other than the vessel Master or crew: (2) Receives automatically such in- (i) Fishing industry vessels; formation from similarly fitted ships, (ii) Vessels identified in paragraph monitors and tracks ships; and (b)(1)(i) of this section that are certifi- (3) Exchanges data with shore-based cated to carry less than 150 passengers facilities. and that— Gross tonnage means tonnage as de- (A) Do not operate in a Vessel Traffic fined under the International Conven- Service (VTS) or Vessel Movement Re- tion on Tonnage Measurement of porting System (VMRS) area defined in Ships, 1969. Table 161.12(c) of § 161.12 of this chap- International voyage means a voyage ter, and from a country to which the present International Convention for the Safe- (B) Do not operate at speeds in excess ty of Life at Sea applies to a port out- of 14 knots; and side such country, or conversely. (iii) Vessels identified in paragraph Properly installed, operational means (b)(1)(iv) of this section engaged in an Automatic Identification System dredging operations. (AIS) that is installed and operated NOTE TO PARAGRAPH (b): Under 33 U.S.C. using the guidelines set forth by the 1223(b)(3) and 33 CFR 160.111, a Coast Guard International Maritime Organization Captain of the Port (COTP) may restrict the (IMO) Resolution A.917(22) and Safety operation of a vessel if he or she determines of Navigation Circulars (SN/Circ.) 227, that by reason of weather, visibility, sea 244, 245, and SN.1/Circ.289; or National conditions, port congestion, other hazardous circumstances, or the condition of such ves- Marine Electronics Association sel, the restriction is justified in the interest (NMEA) Installation Standard 0400–3.10 of safety. In certain circumstances, if a in lieu of SN/Circ.227 and 245 (incor- COTP is concerned that the operation of a porated by reference, see § 164.03). vessel not subject to § 164.46 would be unsafe,

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the COTP may determine that voluntary in- should be returned to continuous oper- stallation of AIS by the operator would miti- ation as soon as the compromise has gate that concern. been mitigated or the security incident (c) SOLAS provisions. The following has passed. The time and reason for the self-propelled vessels must comply silent period should be recorded in the with International Convention for ship’s official log and reported to the Safety of Life at Sea (SOLAS), as nearest Captain of the Port or Vessel amended, Chapter V, regulation 19.2.1.6 Traffic Center (VTC). (Positioning System), 19.2.4 (AIS Class (3) AIS safety-related text messaging A), and 19.2.3.5 (Transmitting Heading must be conducted in English and sole- Device) or 19.2.5.1 (Gyro Compass) as ly to exchange or communicate perti- applicable (Incorporated by reference, nent navigation safety information see § 164.03): (analogous to a SECURITE broadcast). (1) A vessel of 300 gross tonnage or Although not prohibited, AIS text mes- more, on an international voyage. saging should not be relied upon as the (2) A vessel of 150 gross tonnage or primary means for broadcasting dis- more, when carrying more than 12 pas- tress (MAYDAY) or urgent (PAN PAN) sengers on an international voyage. communications. (47 CFR 80.1109, Dis- (d) Operations. The requirements in tress, urgency, and safety communica- this paragraph are applicable to any tions). vessel equipped with AIS. (4) AIS application-specific mes- (1) Use of AIS does not relieve the saging (ASM) is permissible, but is lim- vessel of the requirements to sound ited to applications adopted by the whistle signals or display lights or International Maritime Organization shapes in accordance with the Inter- (such as IMO SN.1/Circ.289) or those de- national Regulations for Preventing noted in the International Association Collisions at Sea, 1972 (72 COLREGS), of Marine Aids to Navigation and 28 U.S.T. 3459, T.I.A.S. 8587, or Inland Lighthouse Authorities’ (IALA) ASM Navigation Rules, 33 CFR part 83; nor Collection for use in the United States of the radio requirements of the Vessel or Canada, and to no more than one Bridge-to-Bridge Radiotelephone Act, ASM per minute. 33 U.S.C. 1201–1208, part 26 of this chap- NOTE TO PARAGRAPH (d): The Coast Guard ter, and 47 CFR part 80. has developed the ‘‘U.S. AIS Encoding (2) AIS must be maintained in effec- Guide’’ to help ensure consistent and accu- tive operating condition, which in- rate data encoding (input) by AIS users. This cludes— Guide is available at our ‘‘AIS Frequently (i) The ability to reinitialize the AIS, Asked Questions’’ (FAQ #2) World Wide Web which requires access to and knowledge page at www.navcen.uscg.gov. Although of of the AIS power source and password; great benefit, the interfacing or installation (ii) The ability to access AIS infor- of other external devices or displays (e.g., transmitting heading device, gyro, rate of mation from the primary conning posi- turn indicator, electronic charting systems, tion of the vessel; and radar), is not currently required except (iii) The accurate broadcast of a as denoted in § 164.46(c). Most application- properly assigned Maritime Mobile specific messages require interfacing to an Service Identity (MMSI) number; external system that is capable of their por- (iv) The accurate input and upkeep of trayal, such as equipment certified to meet all AIS data fields and system updates; Radio Technical Commission for Maritime and Services (RTCM) electronic chart system (ECS) standard 10900 series. (v) For those vessels denoted in paragraph (b) of this section, the continual (e) Watchkeeping. AIS is primarily in- operation of AIS and its associated de- tended for use by the Master or person vices (e.g., positioning system, gyro, in charge of the vessel, or by the per- converters, displays) at all times while son designated by the Master or person the vessel is underway or at anchor, in charge to pilot or direct the move- and, if moored, at least 15 minutes ment of the vessel, who must maintain prior to getting underway; except when a periodic watch for AIS information. its operation would compromise the (f) Portable AIS. The use of a portable safety or security of the vessel or a se- AIS is permissible only to the extent curity incident is imminent. The AIS that electromagnetic interference does

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not affect the proper function of exist- gering persons, property, or the envi- ing navigation and communication ronment. equipment on board and such that only one AIS device may be transmitting on [CGD 74–77, 42 FR 5956, Jan. 31, 1977] board a vessel at any one time. § 164.53 Deviations from rules and re- (g) AIS Pilot Plug. The AIS Pilot Plug porting: Non-operating equipment. on any vessel subject to pilotage by other than the vessel Master or crew (a) If during a voyage any equipment must be readily available and easily required by this part stops operating accessible from the primary conning properly, the person directing the position of the vessel and permanently movement of the vessel may continue affixed (not an extension cord) and ad- to the next port of call, subject to the jacent (within 3 feet) to a 120-volt 50/60 directions of the District Commander Hz AC power receptacle (NEMA 5–15). or the Captain of the Port, as provided (h) Exceptions. The following vessels by part 160 of this chapter. may seek up to a 5-year deviation from (b) If the vessel’s automatic identi- the AIS requirements of this section by fication system (AIS) radar, radio navi- requesting a deviation under § 164.55. gation receivers, gyrocompass, echo (1) Vessels that operate solely within depth sounding device, or primary a very confined area (e.g., less than a 1 steering gear stops operating properly, nautical-mile radius, shipyard, or the person directing the movement of barge fleeting facility); the vessel must report or cause to be (2) Vessels that conduct only short reported that it is not operating prop- voyages (less than 1 nautical mile) on a erly to the nearest Captain of the Port, fixed schedule (e.g., a bank-to-bank District Commander, or, if partici- river ferry service or a tender vessel); pating in a Vessel Traffic Service, to (3) Vessels that are not likely to en- the Vessel Traffic Center, as soon as counter other AIS-equipped vessels; possible. (4) Vessels whose design or construc- (Sec. 2, Pub. L. 95–474, 92 Stat. 1471 (33 U.S.C. tion makes it impracticable to operate 1221); 49 CFR 1.46(n)(4)) an AIS device (e.g., those that lack electrical power, have an exposed or [CGD 74–77, 42 FR 5956, Jan. 31, 1977] open cabin, or are submersible); or EDITORIAL NOTE: For FEDERAL REGISTER ci- (5) Vessels denoted in paragraph tations affecting § 164.53, see the List of CFR (b)(2) that seek a deviation from re- Sections Affected, which appears in the quirements in paragraphs (d)(2)(ii) and Finding Aids section of the printed volume (e) of this section because their AIS and at www.fdsys.gov. Class B device lacks a display. § 164.55 Deviations from rules: Con- (i) Prohibition. Except for maritime tinuing operation or period of time. support stations (see 47 CFR 80.5) licensed by the Federal Communications The Captain of the Port, upon writ- Commission (FCC), broadcasts from ten application, may authorize a devi- AIS Class A or B devices on aircraft, ation from any rule in this part if he non-self propelled vessels or from land determines that the deviation does not are prohibited. impair the safe navigation of the vessel (j) Implementation date. Those vessels under anticipated conditions and will identified in paragraphs (b) and (c) of not result in a violation of the rules for this section that were not previously preventing collisions at sea. The au- subject to AIS carriage must install thorization may be issued for vessels AIS no later than March 1, 2016. operating in the waters under the jurisdiction of the Captain of the Port for [USCG–2005–21869, 80 FR 5335, Jan. 30, 2015, as any continuing operation or period of amended at 80 FR 17327, Apr. 1, 2015] time the Captain of the Port specifies. § 164.51 Deviations from rules: Emer- [CGD 74–77, 42 FR 5956, Jan. 31, 1977] gency. Except for the requirements of § 164.61 Marine casualty reporting and § 164.53(b), in an emergency, any person record retention. may deviate from any rule in this part When a vessel is involved in a marine to the extent necessary to avoid endan- casualty as defined in 46 CFR 4.03–1,

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the master or person in charge of the of turn of the vessel on board which it vessel shall: is installed. (a) Ensure compliance with 46 CFR Towing vessel means a commercial Subpart 4.05, ‘‘Notice of Marine Cas- vessel engaged in or intending to en- ualty and Voyage Records;’’ and gage in pulling, pushing or hauling (b) Ensure that the voyage records alongside, or any combination of pull- required by 46 CFR 4.05–15 are retained ing, pushing, or hauling alongside. for: Western Rivers means the Mississippi (1) 30 days after the casualty if the River, its tributaries, South Pass, and vessel remains in the navigable waters Southwest Pass, to the navigational- of the United States; or demarcation lines dividing the high (2) 30 days after the return of the ves- seas from harbors, rivers, and other in- sel to a United States port if the vessel land waters of the United States, and departs the navigable waters of the the Port Allen-Morgan City Alter- United States within 30 days after the native Route, and that part of the marine casualty. Atchafalaya River above its junction [CGD 74–77, 42 FR 5956, Jan. 31, 1977] with the Port Allen-Morgan City Alter- native Route including the Old River § 164.70 Definitions. 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, [CGD 94–020, 61 FR 35072, July 3, 1996, as chart, or map required by § 164.72. amended by USCG–2006–24371, 74 FR 11213, Currently corrected edition means a Mar. 16, 2009] current or previous edition of a publication required by § 164.72, corrected § 164.72 Navigational-safety equip- with changes that come from Notices ment, charts or maps, and publica- to Mariners (NTMs) or Notices to Navi- tions required on towing vessels. gation reasonably available and that (a) Except as provided by § 164.01(b), apply to the vessel’s transit. Hand-an- each towing vessel must be equipped notated river maps from the U.S. Army with the following navigational-safety Corps of Engineers (ACOE) are cur- equipment: rently corrected editions if issued with- (1) Marine radar. By August 2, 1997, a in the previous 5 years. marine radar that meets the following Great Lakes means the Great Lakes and their connecting and tributary applicable requirements: waters including the Calumet River as (i) For a vessel of less than 300 tons far as the Thomas J. O’Brien Lock and gross tonnage that engages in towing Controlling Works (between miles 326 on navigable waters of the U.S., includ- and 327), the Chicago River as far as ing Western Rivers, the radar must the east side of the Ashland Avenue meet— Bridge (between miles 321 and 322), and (A) The requirements of the Federal the Saint Lawrence River as far east as Communications Commission (FCC) the lower exit of Saint Lambert Lock. specified by 47 CFR part 80; and Merchant mariner credential or MMC (B) RTCM Standard for Marine Radar means the credential issued by the Equipment Installed on Ships of Less Coast Guard under 46 CFR part 10. It Than 300 Tons Gross Tonnage, RTCM combines the individual merchant Paper 71–95/SC112–STD, Version 1.1, dis- mariner’s document, license, and cer- play Category II and stabilization Cat- tificate of registry enumerated in 46 egory Bravo. U.S.C. subtitle II part E as well as the (ii) For a vessel of less than 300 tons STCW endorsement into a single cre- gross tonnage that engages in towing dential that serves as the mariner’s seaward of navigable waters of the U.S. qualification document, certificate of or more than three nautical miles from identification, and certificate of serv- shore on the Great Lakes, the radar ice. must meet— Swing-meter means an electronic or (A) The requirements of the FCC electric device that indicates the rate specified by 47 CFR part 80; and

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(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 field Road; Gettysburg, PA 17325–7245.) on Ships of 300 Tons Gross Tonnage and (4) Magnetic compass. Either— Upwards, RTCM Paper 191–93/SC112–X, (i) An illuminated swing-meter or an Version 1.2 except the requirements for illuminated card-type magnetic steer- azimuth stabilization in paragraph 3.10. ing compass readable from the vessel’s (iv) For a vessel of 300 tons gross ton- main steering station, if the vessel en- nage or more that engages in towing gages in towing exclusively on Western seaward of navigable waters of the U.S. Rivers; or or more than three nautical miles from (ii) An illuminated card-type mag- shore on the Great Lakes, the radar netic steering compass readable from must meet— the vessel’s main steering station. (A) The requirements of the FCC (5) Echo depth-sounding device. By Au- specified by 47 CFR Part 80; and gust 2, 2001, an echo depth-sounding de- (B) RTCM Recommended Standards vice readable from the vessel’s main for Marine Radar Equipment Installed steering station, unless the vessel en- on Ships of 300 Tons Gross Tonnage and gages in towing exclusively on Western Upwards, RTCM Paper 191–93/SC112–X, Rivers. Version 1.2. (v) A towing vessel with an existing (6) Electronic position-fixing device. An radar must meet the applicable re- electronic position-fixing device, a sat- quirements of paragraphs (a)(1) (i) ellite navigational system such as the through (iv) of this section by August Global Positioning System (GPS) as re- 2, 1998; except that a towing vessel with quired by § 164.41, if the vessel engages an existing radar must meet the dis- in towing seaward of navigable waters play and stabilization requirements of of the U.S. or more than three nautical paragraph (a)(1)(ii)(B) of this section miles from shore on the Great Lakes. by August 2, 2001. (b) Each towing vessel must carry on (2) Searchlight. A searchlight, board and maintain the following: directable from the vessel’s main steer- (1) Charts or maps. Marine charts or ing station and capable of illuminating maps of the areas to be transited, pub- objects at a distance of at least two lished by the National Ocean Service times the length of the tow. (NOS), the ACOE, or a river authority (3) VHF-FM radio. An installation or that satisfy the following require- multiple installations of VHF-FM ra- ments: dios as prescribed by part 26 of this (i) The charts or maps must be of a chapter and 47 CFR part 80, to main- large enough scale and have enough de- tain a continuous listening watch on tail to make safe navigation of the the designated calling channel, VHF- areas possible. FM Channel 13 (except on portions of (ii) The charts or maps must be ei- the Lower Mississippi River, where ther— VHF-FM Channel 67 is the designated (A) Current editions or currently cor- calling channel), and to separately rected editions, if the vessel engages in monitor the International Distress and towing exclusively on navigable waters Calling Channel, VHF-FM Channel 16, of the U.S., including Western Rivers; except when transmitting or receiving or

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

TABLE 164.72—EQUIPMENT, CHARTS OR MAPS, AND PUBLICATIONS FOR TOWING VESSELS OF 12 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. 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.

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[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; USCG– 2010–0351, 75 FR 36287, June 25, 2010; USCG–2011–0257, 76 FR 31838, June 2, 2011; USCG–2015–0433, 80 FR 44282, July 27, 2015]

§ 164.74 Towline and terminal gear for Fiber Ropes; or Cordage Institute CIA towing astern. 3, Standard Test Methods for Fiber (a) Towline. The owner, master, or op- Rope Including Standard Termi- erator of each vessel towing astern nations; shall ensure that the strength of each (ii) If the towline is purchased from towline is adequate for its intended another owner, master, or operator of a service, considering at least the fol- vessel with the intent to use it as a lowing factors: towline or if it is retested for any rea- (1) The size and material of each tow- son, keeping on board the towing vessel line must be— or in company files of a record of each (i) Appropriate for the horsepower or retest of the towline’s minimum break- bollard pull of the vessel; ing strength as determined by a class (ii) Appropriate for the static loads society authorized in § 157.04 of this and dynamic loads expected during the chapter or by a tensile test that meets intended service; API Specification 9A, Section 3; ASTM (iii) Appropriate for the sea condi- D 4268 (incorporated by reference, see tions expected during the intended § 164.03) or Cordage Institute CIA 3, service; Standard Test Methods; (iv) Appropriate for exposure to the (iii) Conducting visual inspections of marine environment and to any chemi- the towline in accordance with the cals used or carried on board the ves- manufacturer’s recommendations, or sel; at least monthly, and whenever the (v) Appropriate for the temperatures serviceability of the towline is in doubt of normal stowage and service on board (the inspections being conducted by the the vessel; owner, master, or operator, or by a per- (vi) Compatible with associated navi- son on whom the owner, master, or op- gational-safety equipment; and erator confers the responsibility to (vii) Appropriate for the likelihood of take corrective measures appropriate mechanical damage. for the use of the towline); (2) Each towline as rigged must be— (iv) Evaluating the serviceability of (i) Free of knots; the whole towline or any part of the (ii) Spliced with a thimble, or have a towline, and removing the whole or poured socket at its end; and part from service either as rec- (iii) Free of wire clips except for tem- ommended by the manufacturer or a porary repair, for which the towline class society authorized in § 157.04 of must have a thimble and either five this chapter or in accordance with a re- wire clips or as many wire clips as the placement schedule developed by the manufacturer specifies for the nominal owner, master, or operator that ac- diameter and construction of the tow- counts for at least the— line, whichever is more. (A) Nautical miles on, or time in (3) The condition of each towline service of, the towline; must be monitored through the— (B) Operating conditions experienced (i) Keeping on board the towing ves- by the towline; sel or in company files of a record of (C) History of loading of the towline; the towline’s initial minimum break- (D) Surface condition, including cor- ing strength as determined by the man- rosion and discoloration, of the tow- ufacturer, by a classification (‘‘class’’) line; society authorized in § 157.04 of this (E) Amount of visible damage to the chapter, or by a tensile test that meets towline; API Specification 9A, Specification for (F) Amount of material deterioration Wire Rope, Section 3; ASTM D 4268 (in- indicated by measurements of diameter corporated by reference, see § 164.03), and, if applicable, measurements of lay Standard Test Method for Testing extension of the towline; and

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(G) Point at which a tensile test § 164.76 Towline and terminal gear for proves the minimum breaking strength towing alongside and pushing of the towline inadequate by the stand- ahead. ards of paragraph (a)(1) of this section, The owner, master, or operator of if necessary; and each vessel towing alongside or push- (v) Keeping on board the towing ves- ing ahead shall ensure that the face sel or in company files of a record of wires, spring lines, and push gear the material condition of the towline used— when inspected under paragraphs (a) Are appropriate for the vessel’s (a)(3)(iii) and (iv) of this section. Once horsepower; this record lapses for three months or (b) Are appropriate for the arrange- more, except when a vessel is laid up or ment of the tow; out of service or has not deployed its (c) Are frequently inspected; and towline, the owner, master, or operator (d) Remain serviceable. shall retest the towline or remove it [CGD 94–020, 61 FR 35075, July 3, 1996] from service. (b) Terminal gear. The owner, master, § 164.78 Navigation under way: Towing or operator of each vessel towing vessels. astern shall ensure that the gear used (a) The owner, master, or operator of to control, protect, and connect each each vessel towing shall ensure that towline meets the following criteria: each person directing and controlling (1) The material and size of the ter- the movement of the vessel— minal gear are appropriate for the (1) Understands the arrangement of strength and anticipated loading of the the tow and the effects of maneuvering towline and for the environment; on the vessel towing and on the vessel, (2) Each connection is secured by at barge, or object being towed; least one nut with at least one cotter (2) Can fix the position of the vessel using installed navigational equip- pin or other means of preventing its ment, aids to navigation, geographic failure; reference-points, and hydrographic (3) The lead of the towline is appro- contours; priate to prevent sharp bends in the (3) Does not fix the position of the towline from fairlead blocks, chocks, vessel using buoys alone (Buoys are or tackle; aids to navigation placed in approxi- (4) There is provided a method, mate positions either to alert mariners whether mechanical or non-mechan- to hazards to navigation or to indicate ical, that does not endanger operating the orientation of a channel. They may personnel but that easily releases the not maintain exact charted positions, towline; because strong or varying currents, (5) The towline is protected from ab- heavy seas, ice, and collisions with ves- rasion or chafing by chafing gear, lag- sels can move or sink them or set them ging, or other means; adrift. Although they may corroborate (6) Except on board a vessel towing in a position fixed by other means, they ice on Western Rivers or one using a cannot fix a position; however, if no towline of synthetic or natural fiber, other aids are available, buoys alone there is fitted a winch that evenly may establish an estimated position.); spools and tightly winds the towline; (4) Evaluates the danger of each clos- and ing visual or radar contact; (5) Knows and applies the variation (7) If a winch is fitted, there is at- and deviation, where a magnetic com- tached to the main drum a brake that pass is fitted and where charts or maps has holding power appropriate for the have enough detail to enable this type horsepower or bollard pull of the vessel of correction; and can be operated without power to (6) Knows the speed and direction of the winch. the current, and the set, drift, and [CGD 94–020, 61 FR 35074, July 3, 1996, as tidal state for the area to be transited; amended by USCG–1999–5151, 64 FR 67176, (7) Proceeds at a safe speed taking Dec. 1, 1999] into account the weather, visibility,

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density of traffic, draft of tow, possi- (1) Navigational equipment. Tests of bility of wake damage, speed and direc- onboard equipment as required by tion of the current, and local speed- § 164.25. limits; and (2) Terminal gear. Visual inspection of (8) Monitors the voyage plan required tackle; of connections of bridle and by § 164.80. towing pendant, if applicable; of chaf- (b) The owner, master, or operator of ing gear; and of the winch brake, if in- each vessel towing shall ensure that stalled. the tests and inspections required by (c)(1) The voyage-planning require- § 164.80 are conducted and that the re- ments outlined in this section do not sults are entered in the log or other apply to you if your towing vessel is— record carried on board. (i) Used solely for any of the fol- [CGD 94–020, 61 FR 35075, July 3, 1996, as lowing services or any combination of amended by USCG–2000–6931, 68 FR 22610, these services— Apr. 29, 2003; 69 FR 34068, June 18, 2004] (A) Within a limited geographic area, such as a fleeting-area for barges or a § 164.80 Tests, inspections, and voyage commercial facility, and used for re- planning. stricted service, such as making up or (a) The owner, master, or operator of breaking up larger tows; each towing vessel of less than 1,600 GT (B) For harbor-assist; shall ensure that the following tests (C) For assistance towing as defined and inspections of gear occur before by 46 CFR 10.103; the vessel embarks on a voyage of more (D) For response to emergency or pol- than 24 hours or when each new master lution; or operator assumes command: (ii) A public vessel that is both (1) Steering-systems. A test of the owned, or demise chartered, and oper- steering-gear-control system; a test of ated by the United States Government the main steering gear from the alter- or by a government of a foreign coun- native power supply, if installed; a try; and that is not engaged in com- verification of the rudder-angle indi- mercial service; cator relative to the actual position of (iii) A foreign vessel engaged in inno- the rudder; and a visual inspection of cent passage; or the steering gear and its linkage. (iv) Exempted by the Captain of the (2) Navigational equipment. A test of Port (COTP). all installed navigational equipment. (2) If you think your towing vessel (3) Communications. Operation of all should be exempt from these voyage internal vessel control communica- planning requirements for a specified tions and vessel-control alarms, if in- route, you should submit a written re- stalled. quest to the appropriate COTP. The (4) Lights. Operation of all naviga- COTP will provide you with a written tional lights and all searchlights. response granting or denying your re- (5) Terminal gear. Visual inspection of quest. tackle; of connections of bridle and (3) If any part of a towing vessel’s in- towing pendant, if applicable; of chaf- tended voyage is seaward of the base- ing gear; and of the winch brake, if in- line (i.e., the shoreward boundary) of stalled. the territorial sea of the U.S., then the (6) Propulsion systems. Visual inspec- owner, master, or operator of the ves- tion of the spaces for main propulsion sel, employed to tow a barge or barges, machinery, of machinery, and of de- must ensure that the voyage with the vices for monitoring machinery. barge or barges is planned, taking into (b) The owner, master, or operator of account all pertinent information be- each towing vessel of 1,600 GT or more fore the vessel embarks on the voyage. shall ensure that the following tests of The master must check the planned equipment occur at the frequency re- route for proximity to hazards before quired by § 164.25 and that the following the voyage begins. During a voyage, if inspections of gear occur before the a decision is made to deviate substan- vessel embarks on a voyage of more tially from the planned route, then the than 24 hours or when each new master master or mate must plan the new or operator assumes command: route before deviating from the

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planned route. The voyage plan must does it constitute unseaworthiness; nor follow company policy and consider the does it obligate an owner, master, or following (related requirements noted operator to moor or anchor the vessel. in parentheses): However, the owner, master, or oper- (i) Applicable information from nau- ator shall consider the state of the tical charts and publications (also see equipment—along with such factors as paragraph (b) of section 164.72), includ- weather, visibility, traffic, and the dic- ing Coast Pilot, Coast Guard Light tates of good seamanship—in deciding List, and Coast Guard Local Notice to whether it is safe for the vessel to pro- Mariners for the port of departure, all ceed. ports of call, and the destination; (c) Reporting. The owner, master, or (ii) Current and forecast weather, in- operator of each towing vessel whose cluding visibility, wind, and sea state equipment is inoperative or otherwise for the port of departure, all ports of impaired while the vessel is operating call, and the destination (also see paragraphs (a)(7) of section 164.78 and (b) of within a Vessel Traffic Service (VTS) section 164.82); Area shall report the fact as required (iii) Data on tides and currents for by 33 CFR 161.124. (33 CFR 161.124 re- the port of departure, all ports of call, quires that each user of a VTS report and the destination, and the river to the Vessel Traffic Center as soon as stages and forecast, if appropriate; practicable: (iv) Forward and after drafts of the (1) Any absence or malfunction of barge or barges and under-keel and vessel-operating equipment for naviga- vertical clearances (air-gaps) for all tional safety, such as propulsion ma- bridges, ports, and berthing areas; chinery, steering gear, radar, gyro- (v) Pre-departure checklists; compass, echo depth-sounding or other (vi) Calculated speed and estimated sounding device, automatic dependent time of arrival at proposed waypoints; surveillance equipment, or naviga- (vii) Communication contacts at any tional lighting; Vessel Traffic Services, bridges, and fa- (2) Any condition on board the vessel cilities, and any port-specific require- likely to impair navigation, such as ments for VHF radio; shortage of personnel or lack of cur- (viii) Any master’s or operator’s rent nautical charts or maps, or publi- standing orders detailing closest points cations; and of approach, special conditions, and (3) Any characteristics of the vessel critical maneuvers; and that affect or restrict the maneuver- (ix) Whether the towing vessel has sufficient power to control the tow ability of the vessel, such as arrange- under all foreseeable circumstances. ment of cargo, trim, loaded condition, under-keel clearance, and speed.) [CGD 94–020, 61 FR 35075, July 3, 1996, as (d) Deviation and authorization. The amended by USCG–2000–6931, 68 FR 22610, owner, master, or operator of each tow- Apr. 29, 2003; 69 FR 34068, June 18, 2004] ing vessel unable to repair within 96 § 164.82 Maintenance, failure, and re- hours an inoperative marine radar reporting. quired by § 164.72(a) shall so notify the (a) Maintenance. The owner, master, Captain of the Port (COTP) and shall or operator of each towing vessel shall seek from the COTP both a deviation maintain operative the navigational- from the requirements of this section safety equipment required by § 164.72. and an authorization for continued op- (b) Failure. If any of the navigational- eration in the area to be transited. safety equipment required by § 164.72 Failure of redundant navigational-safe- fails during a voyage, the owner, mas- ty equipment, including but not lim- ter, or operator of the towing vessel ited to failure of one of two installed shall exercise due diligence to repair it radars, where each satisfies § 164.72(a), at the earliest practicable time. He or does not necessitate either a deviation she shall enter its failure in the log or or an authorization. other record carried on board. The fail- (1) The initial notice and request for ure of equipment, in itself, does not a deviation and an authorization may constitute a violation of this rule; nor be spoken, but the request must also be

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written. The written request must ex- 165.T01–0327 Safety Zone—Massachusetts plain why immediate repair is imprac- Bay Transportation Authority/AMTRAK ticable, and state when and by whom Bridge—Danvers River, Beverly, MA. 165.T01–0329 Regulated Navigation Area; the repair will be made. Maine Kennebec Bridge Construction and (2) The COTP, upon receiving even a Removal, Kennebec River, Richmond, spoken request, may grant a deviation ME. and an authorization from any of the 165.T01–0401 Safety Zone; East River and provisions of §§ 164.70 through 164.82 for Buttermilk Channel, NY. a specified time if he or she decides 165.T01–0434 Regulated Navigation Area; that they would not impair the safe East River, Brooklyn, NY. 165.T01–0462 Safety Zone; Tappan Zee navigation of the vessel under antici- Bridge Construction Project, Hudson pated conditions. River, South Nyack and Tarrytown, NY. 165.T01–0471 Safety Zone; Belt Parkway [CGD 94–020, 61 FR 35075, July 3, 1996] Bridge Construction, Gerritsen Inlet, Brooklyn, NY. PART 165—REGULATED NAVIGA- 165.T01–0554 Regulated Navigation Area; TION AREAS AND LIMITED AC- Sarah Mildred Long Bridge Replacement, Portsmouth, NH. CESS AREAS 165.T01–0648 Safety Zone: Hudson River, Edgewater, NJ. Subpart A—General 165.T01–0824 Regulated Navigation Area; Housatonic River Bridge Replacement Sec. Operations; Stratford, CT. 165.1 Purpose of part. 165.T01–0825 Safety Zone; United Illu- 165.3 Definitions. minating Company; Housatonic River 165.5 Establishment procedures. Crossing Project; Milford and Stratford, 165.7 Notification. CT. 165.8 Geographic coordinates. 165.T01–0876 Regulated Navigation Area— 165.9 Geographic application of limited and Weymouth Fore River, Fore River Bridge controlled access areas and regulated Construction, Weymouth and Quincy, navigation areas. MA. 165.T01–1037 Safety Zone: Eastport Break- Subpart B—Regulated Navigation Areas water Terminal, Eastport, ME. 165.T01ndash;1048 Safety Zone; Kosciuszko 165.10 Regulated navigation areas. Bridge Construction, Newtown Creek, 165.11 Vessel operating requirements (regu- Brooklyn and Queens, NY. lations). 165.T01–1063 Regulated Navigation Area; Ar- 165.13 General regulations. thur Kill, NY and NJ. 165.100 Regulated Navigation Area: Navi- Subpart C—Safety Zones gable waters within the First Coast Guard District. 165.20 Safety zones. 165.101 Kittery, Maine—regulated naviga- 165.23 General regulations tion area. 165.102 Security Zone: Walkers Point, Subpart D—Security Zones Kennebunkport, ME. 165.103 Safety and Security Zones; LPG 165.30 Security zones. Vessel Transits in Portland, Maine, Cap- 165.33 General regulations. tain of the Port Zone, Portsmouth Har- bor, Portsmouth, New Hampshire. Subpart E—Restricted Waterfront Areas 165.104 Safety Zone: Vessel Launches, Bath Iron Works, Kennebec River, Bath, 165.40 Restricted waterfront areas. Maine. 165.105 Security Zones; Passenger Vessels, Subpart F—Specific Regulated Navigation Portland, Maine, Captain of the Port Areas and Limited Access Areas Zone. 165.106 Security Zone: Seabrook Nuclear FIRST COAST GUARD DISTRICT Power Plant, Seabrook, New Hampshire. 165.110 Safety and Security Zone; Liquefied 165.T01–0002 Regulated Navigation Area; Natural Gas Carrier Transits and An- Kill Van Kull and Newark Bay; Bayonne, chorage Operations, Boston, Massachu- NJ, NY Regulated Area. setts. 165.T01–0174 Regulated Navigation Areas 165.111 Safety Zone: Boston Harbor, Boston, and Safety Zone Tappan Zee Bridge Con- Massachusetts. struction Project, Hudson River; South 165.112 Safety Zone: USS CASSIN YOUNG, Nyack and Tarrytown, NY. Boston, Massachusetts.

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165.113 Security Zone: Dignitary arrival/de- 165.165 Regulated Navigation Area; Hudson parture Logan International Airport, River South of the Troy Locks, NY. Boston, MA. 165.166 Safety zone: Macy’s July 4th Fire- 165.114 Safety and Security Zones: Escorted works, East River, NY. Vessels—Boston Harbor, Massachusetts. 165.169 Safety and Security Zones: New 165.115 Safety and Security Zones; Pilgrim York Marine Inspection Zone and Cap- Nuclear Power Plant, Plymouth, Massa- tain of the Port Zone. chusetts. 165.171 Safety Zones for fireworks displays 165.116 Safety and Security Zones; Salem and swim events held in Coast Guard and Boston Harbors, Massachusetts. Sector Northern New England Captain of 165.117 Regulated Navigation Areas, Safety the Port Zone. and Security Zones: Deepwater Ports, 165.172 Safety Zone; Underwater Hazard, First Coast Guard District. Gravesend Bay, Brooklyn, NY. 165.118 Safety Zones; recurring annual 165.173 Safety Zones for annually recurring events held in Coast Guard Sector Bos- marine events held in Coast Guard ton Captain of the Port Zone. Southeastern New England Captain of 165.119 Safety Zone; Captain of the Port the Port Zone. Boston Fireworks display zones, Boston SECOND COAST GUARD DISTRICT Harbor, Boston, MA. 165.120 Security Zone, John Joseph Moakley 165.202 [Reserved] United States Courthouse, Boston, MA. FIFTH COAST GUARD DISTRICT 165.121 Safety and Security Zones: High In- terest Vessels, Narragansett Bay, Rhode 165.T05–0279 Safety Zone, Delaware River; Island. Dredging. 165.122 Regulated Navigation Area: Navi- 165.500 Safety/Security Zones; Chesapeake gable waters within Narragansett Bay Bay, Maryland. and the Providence River, Rhode Island. 165.501 Chesapeake Bay entrance and Hamp- 165.123 Cruise Ships, Sector Southeastern ton Roads, VA and adjacent waters—Reg- New England Captain of the Port (COTP) ulated Navigation Area. Zone. 165.502 Safety and Security Zone; Cove 165.125 Regulated Navigation Area; EPA Point Liquefied Natural Gas Terminal, Superfund Site, New Bedford Harbor, Chesapeake Bay, Maryland. Massachusetts. 165.503 Security Zone; Captain of the Port 165.130 Sandy Hook Bay, New Jersey—secu- Hampton Roads Zone. rity zone. 165.504 Newport News Shipbuilding and Dry 165.141 Safety Zone: Sunken vessel EMPIRE Dock Company Shipyard, James River, KNIGHT, Boon Island, ME. Newport News, Va. 165.150 New Haven Harbor, Quinnipiac 165.505 Security Zone; Calvert Cliffs Nuclear River, Mill River. Power Plant, Chesapeake Bay, Calvert 165.151 Safety Zones; Fireworks Displays, County, Maryland. 165.506 Safety Zones; Fireworks Displays in Air Shows and Swim Events in the Cap- the Fifth Coast Guard District. tain of the Port Long Island Sound Zone. 165.507 Security Zone; Chesapeake Bay, be- 165.153 Regulated Navigation Area: Long Is- tween Sandy Point and Kent Island, MD. land Sound Marine Inspection and Cap- 165.508 Security Zone; Potomac River and tain of the Port Zone. Anacostia River, and adjacent waters; 165.154 Safety and Security Zones; Captain Washington, DC. of the Port Long Island Sound Zone Safe- 165.509 Security Zone; Severn River and ty and Security Zones. College Creek, Annapolis, MD. 165.156 Regulated Navigation Area: East 165.510 Delaware Bay and River, Salem Rockaway Inlet to Atlantic Beach River, Christina River and Schuylkill Bridge, Nassau County, Long Island, New River-Regulated Navigation Area. York. 165.511 Security Zone; Atlantic Ocean, 165.160 Safety Zones; fireworks displays and Chesapeake & Delaware Canal, Delaware swim events in Coast Guard Captain of Bay, Delaware River and its tributaries. the Port New York Zone. 165.512 Safety Zone; Patapsco River, North- 165.161 Safety Zone; Shore (Belt) Parkway west and Inner Harbors, Baltimore, MD. Bridge Construction, Mill Basin, Brook- 165.513 Safety Zone; Magothy River, Sillery lyn, NY. Bay, MD. 165.162 Safety Zone; Witt-Penn Bridge Con- 165.514 Safety Zone: Atlantic Intracoastal struction, Hackensack River, Jersey Waterway and connecting waters, vicin- City, NJ. ity of Marine Corps Base Camp Lejeune, 165.163 Safety Zones; Port of New York/New North Carolina. Jersey Fleet Week. 165.515 Safety Zone: Cape Fear River, Wil- 165.164 Security Zones; Dignitary Arrival/ mington, North Carolina. Departure and United Nations Meetings, 165.518 Security Zone; Waters of the Fifth New York, NY. Coast Guard District.

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165.520 Regulated Navigation Area; Herbert 165.730 King’s Bay, Georgia—Regulated C. Bonner Bridge, Oregon Inlet, NC. navigation area. 165.530 Safety Zone: Cape Fear and North- 165.731 Security Zone: Cumberland Sound, east Cape Fear Rivers, NC. Georgia. 165.535 Safety Zone: Atlantic Ocean, Vicin- 165.732 Escorted Submarines Sector Jack- ity of Cape Henlopen State Park, Dela- sonville Captain of the Port Zone. ware. 165.749 Security Zone: Escorted Vessels, Sa- 165.552 Security Zone; Oyster Creek Genera- vannah, Georgia, Captain of the Port tion Station, Forked River, Ocean Coun- Zone. ty, New Jersey. 165.751 Security Zone: LNG mooring slip, 165.553 Security Zone; Salem and Hope Savannah River, Savannah, Georgia. Creek Generation Stations, Delaware 165.752 Sparkman Channel, Tampa, Flor- River, Salem County, New Jersey. ida—regulated navigation area. 165.554 Security Zone; Three Mile Island 165.753 Regulated navigation area; Tampa Generating Station, Susquehanna River, Bay, Florida. Dauphin County, Pennsylvania. 165.754 Safety Zone: San Juan Harbor, San 165.555 Safety Zone; Delaware River. Juan, PR. 165.556 Regulated Navigation Area; Chesa- 165.755 Safety Zone: Guayanilla, Puerto peake and Delaware Canal, Chesapeake Rico. City Anchorage Basin, MD. 165.756 Regulated Navigation Area; Savan- SEVENTH COAST GUARD DISTRICT nah River, Georgia. 165.757 Safety Zones; Ports of Ponce, 165.T07–0040 Safety Zone; Cooper River Tallaboa, and Guayanilla, Puerto Rico Bridge Run, Charleston, SC. and Limetree Bay, St. Croix, U.S.V.I. 165.T07–0161 Safety Zone; Xterra Swim, 165.758 Security Zone; San Juan, Puerto Myrtle Beach, SC. Rico. 165.T07–0320 Safety Zone; Fourth of July 165.759 Security Zones; Ports of Jackson- Fireworks North Myrtle Beach, SC. ville, Fernandina, and Canaveral, Flor- 165.T07–0347 Safety Zone; Fourth of July ida. Fireworks Murrells Inlet, SC. 165.760 [Reserved] 165.701 Vicinity, Kennedy Space Center, 165.761 Security Zones; Port of Palm Beach, Merritt Island, Florida—security zone. Port Everglades, Port of Miami, and Port 165.703 Security Zones; Tampa Bay: Big of Key West, Florida. Bend, Boca Grande, Crystal River, East 165.762 Security Zone; St. Thomas, U.S. Vir- Bay, Hillsborough Bay, MacDill Air gin Islands. Force Base, Manbirtee Key, Old Port 165.763 Moving and Fixed Security Zone, Tampa, Port Manatee, Port Tampa, Port Port of Fredericksted, Saint Croix, U.S. St. Petersburg, Port Sutton, Rattle- Virgin Islands. snake, and Weedon Island, FL. 165.764 [Reserved] 165.704 [Reserved] 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. 165.767–165.768 [Reserved] 165.709 Security Zone; Charleston Harbor, 165.769 Security Zone; Escorted Vessels, Cooper River, South Carolina. Charleston, South Carolina, Captain of 165.711 Safety Zone: Port Everglades, Fort the Port Zone. 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 Zone; natural and other dis- Rico. asters in Ports of Jacksonville, 165.773 Security Zone; Escorted Vessels in Fernandina, and Canaveral, Florida. Captain of the Port Zone Jacksonville, 165.721 Safety Zone: St. Johns River, Jack- Florida. sonville, FL. 165.775 Safety Zone; Captain of the Port 165.722 Security Zone: St. Johns River, Zone Jacksonville; Offshore Cape Canav- Jacksonville, Florida. eral, Florida. 165.723 Safety Zone; Firework Displays in 165.776 Security Zone; Coast Guard Base Captain of the Port Zone Jacksonville, San Juan, San Juan Harbor, Puerto Rico. Florida. 165.777 Security Zone; West Basin, Port Ca- 165.726 Regulated Navigation Areas; Miami naveral Harbor, Cape Canaveral, Florida. River, Miami, Florida. 165.778 Security Zone; Port of Mayaguez, 165.728 Jacksonville, Florida—safety zones. Puerto Rico. 165.729 Jacksonville Harbor, Florida—secu- 165.779 Regulated Navigation Area; Holiday rity zone. Events; Biscayne Bay, Miami, FL.

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165.780 Safety Zone; Marine Safety Unit Sa- 165.827 Regulated Navigation Area; Gal- vannah Safety Zone for Heavy Weather veston Channel, TX. and other Natural Disasters, Savannah 165.830 Regulated Navigation Area; Report- Captain of the Port Zone, Savannah, GA. ing Requirements for Barges Loaded with 165.781 Safety Zone; hurricanes and other Certain Dangerous Cargoes, Inland Riv- disasters in Western Florida. ers, Eighth Coast Guard District. 165.782 Safety Zone; restricted visibility in 165.835 Security Zone; Port of Mobile, Mo- Tampa Bay. bile Ship Channel, Mobile, AL. 165.783 Safety Zone; firework displays in 165.836 Security Zone; Escorted Vessels, Mo- Captain of the Port Zone St. Petersburg, bile, Alabama, Captain of the Port. Florida. 165.837 Safety Zone; Invista Inc Facility 165.784 Safety Zone, Schuylkill River; Docks, Victoria Barge Canal, Victoria, Philadelphia, PA Texas. 165.838 Regulated Navigation Area; Gulf In- EIGHTH COAST GUARD DISTRICT tracoastal Waterway, Inner Harbor Navi- 165.T08–0994 Security Zone; Mississippi gation Canal, New Orleans, LA. River, New Orleans, LA. 165.839 Safety zone; large cruise ships; 165.801 Annual fireworks displays and other Lower Mississippi River, Southwest Pass events in the Eighth Coast Guard Dis- Sea Buoy to Mile Marker 96.0, New Orle- trict requiring safety zones. ans, LA. 165.802 Lower Mississippi River, vicinity of 165.840 Regulated Navigation Area, Gulf of Old River Control Structure—Safety Mexico: Mississippi Canyon Block 20, Zone. South of New Orleans, LA. 165.803 Mississippi River—regulated naviga- 165.842 Safety Zone; Upper Mississippi River tion area. between mile 38.0 and mile 46.0, Thebes, 165.805 Security Zones; Calcasieu River and IL; and between mile 78.0 and mile 81.0, Ship Channel, Louisiana. Grand Tower, IL. 165.806 Sabine Neches Waterway, Texas— 165.843 Moving Security Zone; Escorted Ves- regulated navigation area. sels; Lower Mississippi River; New Orle- 165.807 Calcasieu River, Louisiana—regu- ans, LA. lated navigation area. 165.808 Corpus Christi Ship Channel, Corpus NINTH COAST GUARD DISTRICT Christi, TX, safety zone. 165.T09–0082 Safety Zone; Cleveland Dragon 165.809 Security Zones; Port of Port Lavaca- Boat Festival and Head of the Cuyahoga, Point Comfort, Point Comfort, TX and Cuyahoga River, Cleveland, OH. Port of Corpus Christi Inner Harbor, Cor- 165.T09–0971 Safety zone; overhead cable re- pus Christi, TX. placement, Maumee River, Toledo, OH. 165.810 Mississippi River, LA-regulated 165.901 Great Lakes—regulated navigation navigation area. areas. 165.811 Atchafalaya River, Berwick Bay, 165.902 Safety Zone; Lower Niagara River at LA-regulated navigation area. Niagara Falls, New York. 165.812 Security Zones; Lower Mississippi 165.903 Safety Zones: Cuyahoga River and River, Southwest Pass Sea Buoy to Mile Old River, Cleveland, OH. Marker 96.0, New Orleans, LA. 165.904 Lake Michigan at Chicago Harbor & 165.813 Security Zones; Ports of Houston Burnham Park Harbor—Safety and Secu- and Galveston, TX. rity Zone. 165.814 Security Zones; Captain of the Port 165.905 USX Superfund Site Safety Zones: Houston-Galveston Zone. St. Louis River. 165.815 Ohio River at Louisville, KY; regu- 165.906 Lakeside Yacht Club in Cleveland lated navigation area. Harbor, Cleveland, OH—regulated navi- 165.817 Arkansas River, Mile 118.2 to 125.4, gation areas. Little Rock Arkansas—regulated naviga- 165.907 [Reserved] tion area. 165.909 [Reserved] 165.818 Moving Security Zones, for certain 165.910 Security Zones; Captain of the Port vessels in Freeport Entrance Channel, Lake Michigan. Freeport, Texas. 165.911 Security Zones; Captain of the Port 165.819 Security Zone; Sabine Bank Chan- Buffalo Zone. nel, Sabine Pass Channel and Sabine- 165.912 Security Zone; Lake Erie, Perry, Neches Waterway, TX. OH. 165.820 Security Zone; Ohio River, Mile 34.6 165.914 [Reserved] to 35.1, Shippingport, Pennsylvania. 165.915 Security zones; Captain of the Port 165.821 Ohio River at Cincinnati, OH; regu- Detroit. lated navigation area. 165.916 Security Zones; Captain of the Port 165.822 Safety Zone; Fireworks Display, Milwaukee Zone, Lake Michigan. Kanawha River, WV. 165.918 Safety Zones; Annual events requir- 165.825 Security Zones; Captain of the Port ing safety zones in the Captain of the St. Louis, Missouri. Port Sault Sainte Marie zone.

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165.920 Regulated Navigation Area: USCG 165.1122 San Diego Bay, Mission Bay and Station Port Huron, Port Huron, MI, their Approaches—Regulated navigation Lake Huron. area. 165.921 Regulated Navigation Area; Report- 165.1123 Southern California Annual Fire- ing Requirements for Barges Loaded with work Events for the San Diego Captain Certain Dangerous Cargoes, Illinois Wa- of the Port Zone. terway System located within the Ninth 165.1124 Annual Firework Events on the Col- Coast Guard District. orado River, between Davis Dam (Bull- 165.923 Safety Zone and Regulated Naviga- head City, Arizona) and Headgate Dam tion Area, Chicago Sanitary and Ship (Parker, Arizona) within the San Diego Canal, Romeoville, IL. Captain of Port Zone. 165.927 Safety Zone; St. Louis River, Du- 165.1125 Southern California Annual Fire- luth/Interlake Tar Remediation Site, Du- work Events for the Los Angeles Long luth, MN. Beach Captain of the Port zone. 165.928 Security Zone; Mackinac Bridge, 165.1131 Security Zone: Wilson Cove, San Straits of Mackinac, Michigan. Clemente Island, California. 165.929 Safety Zones; Annual events requir- 165.1141 Safety Zone; San Clemente 3 NM ing safety zones in the Captain of the Safety Zone, San Clemente Island, CA. Port Lake Michigan zone. 165.1151 Security Zones; liquefied hazardous 165.930 Safety Zone, Brandon Road Lock gas tank vessels, San Pedro Bay, Cali- and Dam to Lake Michigan including Des fornia. Plaines River, Chicago Sanitary and Ship 165.1152 San Pedro Bay, California—Regu- Canal, Chicago River, and Calumet- lated navigation area. Saganashkee Channel, Chicago, IL. 165.1154 Security Zones; Cruise Ships, San 165.931 Safety Zone, Chicago Harbor, Navy Pedro Bay, California. Pier Southeast, Chicago, IL. 165.1155 Security Zone; Diablo Canyon Nu- 165.933 Safety Zone, Chicago Harbor, Navy clear Power Plant, Avila Beach, Cali- Pier East, Chicago, IL. fornia. 165.935 Safety Zone, Milwaukee Harbor, Mil- 165.1156 Safety Zone; Offshore Marine Ter- waukee, WI. minal, El Segundo, CA. 165.939 Safety Zones; Annual Events in the 165.1157 Security Zone; Cruise Ships, Santa Captain of the Port Buffalo Zone. Barbara, California. 165.941 Safety Zones; Annual Events in the 165.1171 Copper Canyon, Lake Havasu, Colo- Captain of the Port Detroit Zone. rado River—Regulated Navigation Area. 165.943 Annual events requiring safety zones 165.1181 San Francisco Bay Region, Cali- in the Captain of the Port Duluth zone. fornia—regulated navigation area. 165.1182 Safety/Security Zone: San Fran- ELEVENTH COAST GUARD DISTRICT cisco Bay, San Pablo Bay, Carquinez 165.T11–504 Safety zone; Independence Day Strait, and Suisun Bay, CA. Fireworks Celebration for the City of 165.1183 Security Zones; tankers, cruise Richmond, Richmond Inner Harbor, ships, and High Value Assets, San Fran- Richmond, CA. cisco Bay and Delta Ports, Monterey Bay 165.T11–630 Safety zone; Giants Enterprises and Humboldt Bay, California. Fireworks Display, San Francisco Bay, 165.1184 Safety Zone; Coast Guard Use of San Francisco, CA. Force Training Exercises, San Pablo 165.T11–857 Safety Zone; Vengeance Sunken Bay, CA. Barge, San Francisco, CA. 165.1185 Regulated Navigation Area; San 165.1101 Security Zone: San Diego Bay, CA. Francisco Bay, San Pablo Bay, Carquinez 165.1102 Security Zone; Naval Base Point Strait, Suisun Bay, Sacramento River, Loma; San Diego Bay, CA. San Joaquin River, and connecting 165.1103 Security Zone; Naval Mine Anti waters in California. Submarine Warfare Command; San Diego 165.1187 Security Zones; Golden Gate Bridge Bay, San Diego, CA. and the San Francisco-Oakland Bay 165.1104 Security Zone: San Diego Bay, CA. Bridge, San Francisco Bay, California. 165.1105 Security Zone: San Diego Bay, Cali- 165.1188 Safety Zone; Old Mormon Slough, fornia. Stockton California. 165.1106 San Diego Bay, California—safety 165.1190 Security Zone; San Francisco Bay, zone. Oakland Estuary, Alameda, CA. 165.1107 San Diego Bay, California. 165.1191 Northern California and Lake 165.1108 Security Zones; Cruise Ships, Port Tahoe Area Annual Fireworks Events. of San Diego, California. 165.1192 Security Zones; Waters surrounding 165.1110 Security Zone: Coronado Bay San Francisco International Airport and Bridge, San Diego, CA. Oakland International Airport, San 165.1120 Security Zone; Naval Amphibious Francisco Bay, California. Base, San Diego, CA. 165.1195 Regulated Navigation Area; Hum- 165.1121 [Reserved] boldt Bay Bar Channel and Humboldt

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Bay Entrance Channel, Humboldt Bay, 165.1324 Safety and Security Zone; Cruise California. Ship Protection, Elliott Bay and Pier-91, 165.1197 Security Zones; San Francisco Bay, Seattle, Washington. San Pablo Bay, Carquinez Strait, Suisun 165.1325 Regulated Navigation Areas; Bars Bay, California. Along the Coasts of Oregon and Wash- 165.1198 Safety zone; Military Ocean Ter- ington. minal Concord Safety Zone, Suisun Bay, 165.1326 Regulated Navigation Areas; Port Military Ocean Terminal Concord, CA. of Portland Terminal 4, Willamette 165.1199 Security Zones; Military Ocean River, Portland, OR. Terminal Concord (MOTCO), Concord, 165.1327 Security Zone; escorted U.S. Navy California. submarines in Sector Seattle Captain of 165.11731 Security Zone: Escorted Vessels, the Port Zone. Los Angeles-Long Beach, CA, Captain of 165.1328 Regulated Navigation Area; U.S. the Port Zone. Navy submarines, Hood Canal, WA. 165.1329 Regulated Navigation Area; Thea TWELFTH COAST GUARD DISTRICT [RESERVED] Foss and Wheeler-Osgood Waterways THIRTEENTH COAST GUARD DISTRICT EPA Superfund Cleanup Site, Com- mencement Bay, Tacoma, WA. 165.1301 Puget Sound and Adjacent Waters 165.1330 Safety Zone; Fleet Week Maritime in Northwestern Washington—Regulated Festival, Pier 66, Elliott Bay, Seattle, Navigation Area. Washington. 165.1302 Bangor Naval Submarine Base, 165.1332 Safety Zones; annual firework dis- Bangor, WA. plays within the Captain of the Port, 165.1303 Puget Sound and adjacent waters, Puget Sound Area of Responsibility. WA—regulated navigation area. 165.1333 Security Zones, Seattle’s Seafair 165.1305 Commencement Bay, Tacoma, WA. Fleet Week moving vessels, Puget Sound, 165.1307 Elliott Bay, Seattle, WA. WA. 165.1308 Columbia River, Vancouver WA. 165.1334 Security Zone; U.S. Coast Guard 165.1309 Eagle Harbor, Bainbridge Island, BSU Seattle, Pier 36, Elliot Bay, Seattle, WA. WA. 165.1310 Strait of Juan de Fuca and adjacent 165.1335 Security Zone; Vessels Carrying coastal waters of Northwest Washington; Hazardous Cargo, Sector Columbia River Makah Whale Hunting—Regulated Navi- Captain of the Port Zone. gation Area. 165.1336 Regulated Navigation Area; Pacific 165.1311 Olympic View Resource Area, Ta- Sound Resources and Lockheed Shipyard coma, WA. Superfund Sites, Elliott Bay, Seattle, 165.1312 Security Zone; Portland Rose Fes- WA. tival on Willamette River. 165.1337 Regulated Navigation Area, Zidell 165.1313 Security zone regulations, tank Waterfront Property, Willamette River, ship protection, Puget Sound and adja- OR. cent waters, Washington 165.1314 Safety Zone; Fort Vancouver Fire- 165.1338 Regulated Navigation Area; Slip 4 works Display, Columbia River, Van- Early Action Area Superfund Site, Lower couver, Washington. Duwamish Waterway, Seattle, WA. 165.1315 Safety Zone; Annual Fireworks Dis- 165.1339 Safety Zone; Coast Guard Exercise plays within the Sector Columbia River Area, Hood Canal, Washington. Captain of the Port Zone. 165.1341 Safety Zone; Portland Dragon Boat 165.1316 Safety Zone; Columbia River, Races, Portland, OR. Astoria, Oregon. 165.1342 Annual Roy Webster Cross-Channel 165.1317 Security and Safety Zone; Large Swim, Columbia River, Hood River, OR. Passenger Vessel Protection, Puget FOURTEENTH COAST GUARD DISTRICT Sound and adjacent waters, Washington. 165.1318 Security and Safety Zone Regula- 165.T14–0172 Safety Zone; Pacific Ocean, tions, Large Passenger Vessel Protec- Kilauea Lava Flow Ocean Entry on tion, Captain of the Port Columbia River Southeast Side of Island of Hawaii, HI. Zone. 165.14–1414 Safety Zones; Hawaiian Islands 165.1319 Seafair Air Show Performance, Se- Commercial Harbors; HI. attle, WA. 165.1401 Apra Harbor, Guam—safety zones. 165.1321 Security Zone; Protection of Mili- 165.1403 Security Zones; Tinian, Common- tary Cargo, Captain of the Port Zone wealth of the Northern Mariana Islands. Puget Sound, WA. 165.1404 Apra Harbor, Guam—security zone. 165.1322 Regulated Navigation Area: Wil- 165.1405 Regulated Navigation Areas and Se- lamette River Portland, Captain of the curity Zones: Designated Escorted Ves- Port Columbia River Zone. sels-Philippine Sea and Apra Harbor 165.1323 Regulated Navigation Area: Wil- Guam, and Tanapag Harbor, Saipan, lamette River Captain of the Port Co- Commonwealth of the Northern Mariana lumbia River Zone. Islands (CNMI).

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165.1406 Safety Zone: Pacific Missile Range Subpart A—General Facility (PMRF), Barking Sands, Island of Kauai, Hawaii. § 165.1 Purpose of part. 165.1407 Security Zones; Oahu, HI. 165.1408 Security Zones; Maui, HI. The purpose of this part is to: 165.1409 Security Zones; Hawaii, HI. (a) Prescribe procedures for estab- 165.1410 Security Zones; Kauai, HI. lishing different types of limited or 165.1411 Security Zone; waters surrounding controlled access areas and regulated U.S. Forces vessel SBX–1, HI. navigation areas; 165.1412 Security Zone; escorted U.S. Navy (b) Prescribe general regulations for submarines in Sector Honolulu Captain different types of limited or controlled of the Port Zone. access areas and regulated navigation 165.1413 Regulated navigation area; South- areas; ern Oahu Tsunami Evacuation; Honolulu, (c) Prescribe specific requirements Hawaii. for established areas; and 165.1416 Safety Zone; Tarague Basin; Ander- (d) List specific areas and their son AFB, GU. boundaries.

SEVENTEENTH COAST GUARD DISTRICT § 165.3 Definitions. 165.1701 Port Valdez, Valdez, Alaska—safety The following definitions apply to zone. this part: 165.1702 Gastineau Channel, Juneau, Alas- Credential means any or all of the fol- ka—safety zone. lowing: 165.1703 Ammunition Island, Port Valdez, (1) Merchant mariner’s document. Alaska. (2) Merchant mariner’s license. 165.1704 Prince William Sound, Alaska-regulated navigation area. (3) STCW endorsement. 165.1706 Gastineau Channel, Juneau, Alas- (4) Certificate of registry. ka—Safety Zone. (5) Merchant mariner credential. 165.1708 Tongass Narrows, Ketchikan, Alas- Merchant mariner credential or MMC ka—Safety Zone. means the credential issued by the 165.1709 Security Zones: Liquefied Natural Coast Guard under 46 CFR part 10. It Gas Tanker Transits and Operations at combines the individual merchant Phillips Petroleum LNG Pier, Cook Inlet, mariner’s document, license, and cer- AK. tificate of registry enumerated in 46 165.1710 Port Valdez and Valdez Narrows, U.S.C. subtitle II part E as well as the Valdez, Alaska—security zones. STCW endorsement into a single cre- 165.1711 Security Zones; Waters of the Sev- dential that serves as the mariner’s enteenth Coast Guard District qualification document, certificate of 165.1712 Safety Zones; Annual Independence identification, and certificate of serv- Day Firework Displays, Skagway, ice. Haines, and Wrangell, AK. 165.1713 Safety Zone; City of Valdez July [USCG–2006–24371, 74 FR 11213, Mar. 16, 2009] 4th Fireworks, Port Valdez; Valdez, AK. § 165.5 Establishment procedures. Subpart G—Protection of Naval Vessels (a) A safety zone, security zone, or 165.2010 Purpose. regulated navigation area may be es- 165.2015 Definitions. tablished on the initiative of any au- 165.2020 Enforcement authority. thorized Coast Guard official. 165.2025 Atlantic Area. (b) Any person may request that a 165.2030 Pacific Area. safety zone, security zone, or regulated navigation area be established. Except AUTHORITY: 33 U.S.C. 1231; 50 U.S.C. 191; 33 as provided in paragraph (c) of this sec- CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Depart- tion, each request must be submitted ment of Homeland Security Delegation No. in writing to either the Captain of the 0170.1. Port or District Commander having ju- SOURCE: CGD 79–034, 47 FR 29660, July 8, risdiction over the location as de- 1982, unless otherwise noted. scribed in part 3 of this chapter, and in- EDITORIAL NOTE: Nomenclature changes to clude the following: part 165 appear by USCG–2006–25556, 72 FR (1) The name of the person submit- 36328, 36329, July 2, 2007. ting the request;

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(2) The location and boundaries of § 165.8 Geographic coordinates. the safety zone, security zone, or regu- Geographic coordinates expressed in lated navigation area; terms of latitude or longitude, or both, (3) The date, time, and duration that are not intended for plotting on maps the safety zone, security zone, or regu- or charts whose referenced horizontal lated navigation area should be estab- datum is the North American Datum of lished; 1983 (NAD 83), unless such geographic (4) A description of the activities coordinates are expressly labeled NAD planned for the safety zone, security 83. Geographic coordinates without the zone, or regulated navigation area; NAD 83 reference may be plotted on (5) The nature of the restrictions or maps or charts referenced to NAD 83 conditions desired; and only after application of the appro- (6) The reason why the safety zone, priate corrections that are published security zone, or regulated navigation on the particular map or chart being area is necessary. used. (c) Safety Zones and Security Zones. If, for good cause, the request for a [CGD 86–082, 52 FR 33811, Sept. 8, 1987] safety zone or security zone is made § 165.9 Geographic application of lim- less than 5 working days before the ited and controlled access areas zone is to be established, the request and regulated navigation areas. may be made orally, but it must be followed by a written request within 24 (a) General. The geographic applica- hours. tion of the limited and controlled access areas and regulated navigation (Requests for safety zones, security zones, areas in this part are determined based and regulated navigation areas are approved on the statutory authority under which by the Office of Management and Budget each is created. under control number 1625–0020) (b) Safety zones and regulated naviga- [CGD 79–034, 47 FR 29660, July 8, 1982, as tion areas. These zones and areas are amended by CGD 79–026, 48 FR 35408, Aug. 4, created under the authority of the 1983; USCG–2006–25150, 71 FR 39211, July 12, Ports and Waterways Safety Act, 33 2006] U.S.C. 1221–1232. Safety zones estab- § 165.7 Notification. lished under 33 U.S.C. 1226 and regulated navigation areas may be estab- (a) The establishment of these lim- lished in waters subject to the jurisdic- ited access areas and regulated navigation of the United States as defined in tion areas is considered rulemaking. § 2.38 of this chapter, including the ter- The procedures used to notify persons ritorial sea to a seaward limit of 12 of the establishment of these areas nautical miles from the baseline. vary depending upon the circumstances (c) Security zones. These zones have and emergency conditions. Notification two sources of authority—the Ports may be made by marine broadcasts, and Waterways Safety Act, 33 U.S.C. local notice to mariners, local news 1221–1232, and the Act of June 15, 1917, media, distribution in leaflet form, and as amended by both the Magnuson Act on-scene oral notice, as well as publica- of August 9, 1950 (‘‘Magnuson Act’’), 50 tion in the FEDERAL REGISTER. U.S.C. 191–195, and sec. 104 the Mari- (b) Notification normally contains time Transportation Security Act of the physical boundaries of the area, the 2002 (Pub. L. 107–295, 116 Stat. 2064). Se- reasons for the rule, its estimated du- curity zones established under either 33 ration, and the method of obtaining au- U.S.C. 1226 or 50 U.S.C. 191 may be es- thorization to enter the area, if appli- tablished in waters subject to the juris- cable, and special navigational rules, if diction of the United States as defined applicable. in § 2.38 of this chapter, including the (c) Notification of the termination of territorial sea to a seaward limit of 12 the rule is usually made in the same nautical miles from the baseline. form as the notification of its estab- (d) Naval vessel protection zones. These lishment. zones are issued under the authority of

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14 U.S.C. 91 and 633 and may be estab- access is limited to authorized persons, lished in waters subject to the jurisdic- vehicles, or vessels. It may be station of the United States as defined in tionary and described by fixed limits or § 2.38 of this chapter, including the ter- it may be described as a zone around a ritorial sea to a seaward limit of 12 vessel in motion. nautical miles from the baseline. [USCG–2001–9044, 68 FR 42602, July 18, 2003, as § 165.23 General regulations. amended by USCG–2006–25411, 71 FR 54421, Unless otherwise provided in this Sept. 15, 2006] part: (a) No person may enter a safety zone Subpart B—Regulated Navigation unless authorized by the COTP or the Areas District Commander; (b) No person may bring or cause to § 165.10 Regulated navigation areas. be brought into a safety zone any vehi- A regulated navigation area is a cle, vessel, or object unless authorized water area within a defined boundary by the COTP or the District Com- for which regulations for vessels navi- mander; gating within the area have been estab- (c) No person may remain in a safety lished under this part. zone or allow any vehicle, vessel, or ob- § 165.11 Vessel operating requirements ject to remain in a safety zone unless (regulations). authorized by the COTP or the District Each District Commander may con- Commander; and trol vessel traffic in an area which is (d) Each person in a safety zone who determined to have hazardous condi- has notice of a lawful order or directions, by issuing regulations: tion shall obey the order or direction of (a) Specifying times of vessel entry, the COTP or District Commander movement, or departure to, from, with- issued to carry out the purposes of this in, or through ports, harbors, or other subpart. waters; (b) Establishing vessel size, speed, Subpart D—Security Zones draft limitations, and operating conditions; and § 165.30 Security zones. (c) Restricting vessel operation, in a hazardous area or under hazardous con- (a) A security zone is an area of land, ditions, to vessels which have par- water, or land and water which is so ticular operating characteristics or ca- designated by the Captain of the Port pabilities which are considered nec- or District Commander for such time essary for safe operation under the cir- as is necessary to prevent damage or cumstances. injury to any vessel or waterfront facility, to safeguard ports, harbors, ter- [CGD 79–026, 48 FR 35408, Aug. 4, 1983] ritories, or waters of the United States or to secure the observance of the § 165.13 General regulations. rights and obligations of the United (a) The master of a vessel in a regu- States. lated navigation area shall operate the (b) The purpose of a security zone is vessel in accordance with the regula- to safeguard from destruction, loss, or tions contained in Subpart F. injury from sabotage or other subver- (b) No person may cause or authorize sive acts, accidents, or other causes of the operation of a vessel in a regulated a similar nature: navigation area contrary to the regulations in this part. (1) Vessels, (2) Harbors, Subpart C—Safety Zones (3) Ports, and (4) Waterfront facilities: § 165.20 Safety zones. in the United States and all territory A Safety Zone is a water area, shore and water, continental or insular, that area, or water and shore area to which, is subject to the jurisdiction of the for safety or environmental purposes, United States.

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§ 165.33 General regulations. thence to 40°38′41.53″ N., 074°07′18.54″ W.; thence to 40°38′38.20″ N., 074°07′41.30″ W.; Unless otherwise provided in the spe- thence to 40°38′40.47″ N., 074°08′01.61″ W.; cial regulations in Subpart F of this thence to 40°38′34.20″ N., 074°08′41.71″ W.; part: thence to 40°38′39.67″ N., 074°08′51.86″ W.; (a) No person or vessel may enter or thence to 40°38′50.20″ N., 074°08′55.19″ W.; remain in a security zone without the thence to 40°39′17.54″ N., 074°08′38.20″ W.; permission of the Captain of the Port; thence to 40°39′19.00″ N., 074°08′53.09″ W.; (b) Each person and vessel in a secu- thence to 40°39′07.94″ N., 074°08′59.04″ W.; rity zone shall obey any direction or thence to 40°38′46.87″ N., 074°09′23.03″ W.; order of the Captain of the Port; thence to 40°38′33.40″ N., 074°09′19.87″ W.; (c) The Captain of the Port may take thence to 40°38′24.86″ N., 074°09′02.71″ W.; possession and control of any vessel in thence to 40°38′23.93″ N., 074°08′52.56″ W.; the security zone; thence to 40°38′31.40″ N., 074°08′07.56″ W.; (d) The Captain of the Port may re- thence to 40°38′31.80″ N., 074°07′55.66″ W.; move any person, vessel, article, or thence to 40°38′30.06″ N., 074°07′41.13″ W.; thing from a security zone; thence to 40°38′33.80″ N., 074°07′14.86″ W.; (e) No person may board, or take or thence to 40°38′43.93″ N., 074°06′45.45″ W.; place any article or thing on board, thence to the point of origin (NAD 83). any vessel in a security zone without (b) Regulations. (1) The general regu- the permission of the Captain of the lations contained in 33 CFR 165.10, Port; and 165.11, and 165.13 apply within the RNA. (f) No person may take or place any (2) Any vessel transiting through the article or thing upon any waterfront RNA must make a direct passage. No facility in a security zone without the vessel may stop, moor, anchor or loiter permission of the Captain of the Port. within the RNA at any time unless they are working on the bridge con- Subpart E—Restricted Waterfront struction. Movement within the RNA Areas is subject to a ‘‘Slow-No Wake’’ speed limit. All vessels may not produce a § 165.40 Restricted waterfront areas. wake and may not attain speeds great- The Commandant, may direct the er than five (5) knots unless a higher COTP to prevent access to waterfront minimum speed is necessary to main- facilities, and port and harbor areas, tain bare steerageway. including vessels and harbor craft (3) There may be times that the First therein. This section may apply to per- District Commander or the Captain of sons who do not possess the credentials the Port (COTP) New York finds it nec- outlined in § 125.09 of this chapter when essary to close the RNA to vessel traf- certain shipping activities are con- fic. All closures will be limited to spe- ducted that are outlined in § 125.15 of cific hours of the day. Mariners will be this chapter. advised of all closure dates and times via Local Notice to Mariners and Subpart F—Specific Regulated Broadcast Notice to Mariners in ad- Navigation Areas and Limited vance of closure times. During such Access Areas closures, persons and vessels may request permission to enter the RNA by FIRST COAST GUARD DISTRICT contacting the COTP or the COTP’s on- scene representative on VHF–16 or via § 165.T01–0002 Regulated Navigation phone at 718–354–4353 (Sector New York Area; Kill Van Kull and Newark Command Center). Bay; Bayonne, NJ, NY Regulated (4) Vessels in the RNA must comply Area. with directions given to them by the (a) Location. The following area is a COTP or the COTP’s on-scene rep- Regulated Navigation Area (RNA): All resentative. An ‘‘on-scene representa- waters of Bergen Point East and West tive’’ of the COTP is any Coast Guard Reaches in the Kill Van Kull, and all commissioned, warrant or petty officer waters of Newark Bay South Reach, who has been designated by the COTP bound by the following approximate to act on the COTP’s behalf. An on- positions: 40°38′51.93″ N., 074°06′47.90″ W.; scene representative may be on a Coast

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Guard vessel; or other designated craft; (2) Eastern RNA: all waters bound by or on shore and communicating with a the following approximate positions: Vessel Traffic Service New York 41°04′21.96″ N, 073°52′03.25″ W on the Watchstander or vessels via VHF–FM eastern shoreline; thence to 41°04′26.27″ radio or loudhailer. Members of the N, 073°52′19.82″ W; thence to 41°04′26.53″ Coast Guard Auxiliary may be present N, 073°53′20.07″ W; thence to 41°03′56.92″ to inform vessel operators of this regu- N, 073°53′18.84″ W; thence to 41°03′56.69″ lation. N, 073°52′24.75″ W; thence to a point on (5) All other relevant regulations, in- the eastern shoreline at 41°03′46.91″ N, cluding but not limited to the Rules of 073°52′05.89″ W; thence northerly along the Road, as codified in 33 CFR Sub- the shoreline to the point of origin chapter E, Inland Navigational Rules, (NAD 83). remain in effect within the RNA and (b) Safety Zone boundaries. The fol- must be strictly followed at all times. lowing is a Safety Zone: all waters (c) Enforcement period. This regula- bound by the following approximate tion will be enforced from 8:00 a.m. on positions: 41°04′59.70″ N, 073°54′45.54″ W; February 1, 2016, until December 31, thence to 41°05′00.18″ N, 073°53′21.48″ W; 2017. This RNA’s speed restrictions are thence to 41°03′09.24″ N, 073°53′16.86″ W; enforceable 24 hours a day as long as thence to 41°03′07.08″ N, 073°54′14.70″ W; this RNA is in place. The Coast Guard thence to 41°04′11.28″ N, 073°54′48.00″ W; will enforce waterway closures only thence to the point of origin (NAD 83). when necessary to protect people and (c) Regulations. (1) The general regu- vessels from hazards associated with lations contained in 33 CFR 165.10, bridge construction. 165.11, and 165.13, 165.20 and 165.23 apply. (d) Notification. The Coast Guard will (2) Any vessel transiting through the rely on the methods described in 33 Western RNA must make a direct and CFR 165.7 to notify the public of the expeditious passage. No vessel may time and duration of any closure of the stop, moor, anchor or loiter within the RNA. Violations of this RNA may be RNA at any time unless they are work- reported to the COTP at 718–354–4353 or ing on the bridge construction oper- on VHF-Channel 16. ations. (3) Any vessel transiting through the EFFECTIVE DATE NOTE: By USCG–2014–0002, 80 FR 55259, Sept. 15, 2015, temporary Eastern RNA must make a direct and § 165.T01–0002 was added, effective Oct. 15, expeditious passage. No vessel may 2015 to Dec. 31, 2017. stop, moor, anchor or loiter within the RNA at any time unless they are work- § 165.T01–0174 Regulated Navigation ing on the bridge construction oper- Areas and Safety Zone Tappan Zee ations or they are transiting to, or Bridge Construction Project, Hud- from, the special anchorage area codi- son River; South Nyack and fied in 33 CFR 110.60(c)(8) located on Tarrytown, NY. the eastern shoreline at Tarrytown, NY (a) Regulated navigation area bound- and within the boundaries of the RNA. aries. The following are regulated navi- (4) Entry and movement within the gation areas: Eastern RNA or Western RNA is sub- (1) Western RNA: all waters bound by ject to a ‘‘Slow-No Wake’’ speed limit. the following approximate positions: All vessels may not produce a wake 41°04′39.16″ N, 073°55′00.68″ W on the and may not attain speeds greater than western shoreline; thence to 41°04′28.34″ five knots unless a higher minimum N, 073°54′47.18″ W; thence to 41°04′11.28″ speed is necessary to maintain steer- N, 073°54′48.00″ W; thence to 41°03′57.26″ ageway. All vessels must proceed N, 073°54′40.73″ W; thence to 41°03′57.36″ through the Eastern RNA and Western N, 073°54′47.38″ W; thence to 41°03′58.66″ RNA with caution and operate in such N, 073°54′56.14″ W; thence to 41°04′03.00″ a manner as to produce no wake. N, 073°55′07.60″ W; thence to a point on (5) Entry into, anchoring, loitering, the western shoreline at 41°04′06.69″ N, or movement within the Safety Zone is 073°55′14.10″ W; thence northerly along prohibited unless the vessel is working the shoreline to the point of origin on the bridge construction operations (NAD 83). or authorized by the Captain of the

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Port New York (COTP) or his des- COTP will cause a notice of the suspen- ignated representative. sion of enforcement by appropriate (6) All persons and vessels must com- means to the affected segments of the ply with all orders and directions from public. Such means of notification may the COTP or the COTP’s designated include, but are not limited to, Broad- representative. The ‘‘designated rep- cast Notice to Mariners and Local No- resentative’’ of the COTP is any Coast tice to Mariners. Such notification will Guard commissioned, warrant or petty include the date and time that enforce- officer who has been designated by the ment will be suspended as well as the COTP to act on the COTP’s behalf. The date and time that enforcement will redesignated representative may be on a sume. Coast Guard vessel or New York State (2) Violations of this regulation may Police, Westchester County Police, be reported to the COTP at 718–354–4353 Rockland County Police, or other des- or on VHF-Channel 16. ignated craft; or may be on shore and will communicate with vessels via EFFECTIVE DATE NOTE: By USCG–2013–0705, VHF–FM radio or loudhailer. Members 79 FR 43254, July 25, 2014, as amended by of the Coast Guard Auxiliary may be USCG–2015–0433, 80 FR 44282, July 27, 2015, temporary § 165.T01–0174 was revised, effec- present to inform vessel operators of tive from July 25, 2014 until Dec. 31, 2018. this regulation. (7) Upon being hailed by a Coast § 165.T01–0327 Safety Zone—Massachu- Guard vessel by siren, radio, flashing setts Bay Transportation Authority/ light or other means, the operator of AMTRAK Bridge—Danvers River, the vessel must proceed as directed. Beverly, MA. (8) For the purpose of this regulation, (a) Location. The following area is a the Federal navigation channel, lo- safety zone. All navigable waters of the cated in the Eastern RNA is marked by Danvers River, MA within a 300-yard the red and green navigation lights on radius of the swing span portion of the the existing Tappan Zee Bridge, and Massachusetts Bay Transportation Au- the New NY Bridge. As the project pro- thority (MBTA)/AMTRAK Bridge in po- gresses, the Federal navigation channel sition 42°32.355′ N, 070°53.28′ W (NAD 83). will be intermittently closed, or par- (b) tially restricted, to all vessel transits. Effective and enforcement period. While the Federal navigation channel This section is effective on June 20, is closed, vessels that can safely navi- 2017, through November 1, 2017, but will gate outside the Federal navigation only be enforced during removal and channel would still be able to transit replacement of the swing span portion through the Eastern RNA. These clo- of the MBTA Railroad Bridge or other sures or partial restrictions are ten- instances which may cause a hazard to tatively scheduled to take place be- navigation, when deemed necessary by tween March 2015 and October 2016. The the Captain of the Port (COTP), Bos- COTP will cause a notice of the chan- ton. nel closure or restrictions by appro- (c) Regulations. When this safety zone priate means to the affected segments is enforced, the regulations in para- of the public. Such means of notifica- graphs (c)(1) through (3) of this section, tion may include, but are not limited along with those contained in 33 CFR to, Broadcast Notice to Mariners and 165.23 apply: Local Notice to Mariners. (1) No person or vessel may enter or (9) Notwithstanding anything con- remain in this safety zone without the tained in this section, the Inland Navi- permission of the Captain of the Port gation Rules (33 CFR subchapter E) are (COTP) or the COTP’s representatives. still in effect and must be strictly ad- However, any vessel that is granted hered to at all times. permission by the COTP or the COTP’s (d) Enforcement periods. This regula- representatives must proceed through tion will be enforced 24 hours a day the area with caution and operate at a from 5:00 a.m. on July 3, 2014 until 11:59 speed no faster than that speed nec- p.m. on December 31, 2018. essary to maintain a safe course, un- (1) Notice of suspension of enforce- less otherwise required by the Naviga- ment: If enforcement is suspended, the tion Rules.

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(2) Any person or vessel permitted to (b) Definitions. The following defini- enter the safety zone shall comply with tions apply to this section: the directions and orders of the COTP (1) Designated representative. A ‘‘des- or the COTP’s representatives. Upon ignated representative’’ is any Coast being hailed by a U.S. Coast Guard ves- Guard commissioned, warrant or petty sel by siren, radio, flashing lights, or officer of the U.S. Coast Guard who has other means, the operator of a vessel been designated by the COTP to act on within the zone shall proceed as di- his or her behalf. A designated rep- rected. Any person or vessel within the resentative may be on an official patrol safety zone shall exit the zone when di- vessel or may be on shore and will com- rected by the COTP or the COTP’s rep- municate with vessels via VHF–FM resentatives. radio or loudhailer. In addition, mem- (3) To obtain permissions required by bers of the Coast Guard Auxiliary may this regulation, individuals may reach be present to inform vessel operators of the COTP or a COTP representative via this regulation. Channel 16 (VHF–FM) or 617–223–5757 (2) Official patrol vessels. Official pa- (Sector Boston Command Center). trol vessels may consist of any Coast (d) Penalties. Those who violate this Guard, Coast Guard Auxiliary, state, or section are subject to the penalties set local law enforcement vessels assigned forth in 33 U.S.C. 1232. or approved by the COTP. (e) Notification. Coast Guard Sector (c) Enforcement period. This safety Boston will give notice through the zone is effective and will be enforced Local Notice to Mariners and Broad- from 4 p.m. on May 8, 2017 through 5 cast Notice to Mariners for the purpose p.m. on July 14, 2017. of enforcement of temporary safety (d) Regulations. (1) The general regu- zone. Sector Boston will also notify the lations contained in 33 CFR 165.23, as public to the greatest extent possible well as the following regulations, of any period in which the Coast Guard apply. will suspend enforcement of this safety (2) During periods of enforcement, no zone. vessel shall enter the safety zone un- (f) COTP representative. The COTP’s less permitted by the COTP or a des- representative may be any Coast Guard ignated representative. Any person or commissioned, or petty officer or any vessel allowed to enter the safety zone federal, state, or local law enforcement must comply with all orders and direc- officer who has been designated by the tions from the COTP or a COTP’s des- COTP to act on the COTP’s behalf. The ignated representative while said per- COTP’s representative may be on a son or vessel is within the safety zone. Coast Guard vessel, a Coast Guard Aux- (3) During periods of enforcement, iliary vessel, a state or local law en- upon being hailed by a U.S. Coast forcement vessel, or a location on Guard vessel by siren, radio, flashing shore. light, or other means, the operator of the vessel must proceed as directed. EFFECTIVE DATE NOTE: By USCG–2017–0327, 82 FR 28775, June 26, 2017, § 165.T01–0327 was EFFECTIVE DATE NOTE: By USCG–2017–0401, added, effective June 26, 2017 to Nov. 1, 2017. 82 FR 25518, June 2, 2017, § 165.T01–0401 was added, effective June 2, 2017 to July 14, 2017. § 165.T01–0401 Safety Zone; East River and Buttermilk Channel, NY. § 165.T01–0434 Regulated Navigation (a) Location. The following area is a Area; East River, Brooklyn, NY. safety zone: All waters of the Brooklyn (a) Location. The following area is a half of the East River, south of a line regulated navigation area (RNA): All drawn from (pa) 40°44′07.5″ N., waters of the Manhattan half of the 073°57′40.3″ W. (Dupont Street, East River, south of a line drawn from Greenpoint, Brooklyn, NY) to 40°44′10.1″ (pa) 40°44′07.5″ N., 073°57′40.3″ W. (Du- N., 073°58′21.6″ W. (NAD 83) (East 25th pont Street, Greenpoint, Brooklyn, Street, Manhattan, NY) and Butter- NY) to 40°44′10.1″ N., 073°58′21.6″ W. milk Channel, north of the Buttermilk (NAD 83) (East 25th Street, Manhattan, Channel Entrance Lighted Gong Buoy 1 NY) and north of a line drawn from the (LLNR 36985). northwest corner of Pier 5 Brooklyn to

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the northeast corner of the Governors (b) Definitions. As used in this sec- Island Ferry Manhattan Terminal. tion, designated representative means is (b) Definitions. The following defini- any Coast Guard commissioned, war- tions apply to this section: rant or petty officer who has been des- (1) Designated Representative. A ‘‘designated by the COTP to act on the ignated representative’’ is any Coast COTP’s behalf. The designated rep- Guard commissioned, warrant or petty resentative may be on a Coast Guard officer of the U.S. Coast Guard who has vessel or New York State Police, West- been designated by the First District chester County Police, Rockland Coun- Commander or COTP to act on his or ty Police, or other designated craft; or her behalf. A designated representative may be on shore and will communicate may be on an official patrol vessel or with vessels via VHF–FM radio or may be on shore and will communicate loudhailer. Members of the Coast with vessels via VHF–FM radio or Guard Auxiliary may be present to in- loudhailer. In addition, members of the form vessel operators of this regula- Coast Guard Auxiliary may be present tion. to inform vessel operators of this regu- (c) Regulations. (1) Under the general lation. safety zone regulations in subpart C of (2) Official Patrol Vessels. Official pa- this part, you may not enter the safety trol vessels may consist of any Coast zone described in paragraph (a) of this Guard, Coast Guard Auxiliary, state, or section unless authorized by the COTP local law enforcement vessels assigned or a COTP designated representative. or approved by the COTP. (2) To seek permission to enter, contact the COTP or the COTP’s rep- (c) Enforcement Period. This RNA is resentative by VHF–FM channel 16 or effective and will be enforced from 4 by phone at (718) 354–4353 (Sector New p.m. on May 16, 2017, through 5 p.m. York Command Center). Those in the July 14, 2017. safety zone must comply with all law- (d) Regulations. (1) The general regu- ful orders or directions given to them lations contained in 33 CFR 165.10, by the COTP or a COTP designated rep- 165.11, and 165.13 as well as the fol- resentative. lowing regulations, apply. (d) Enforcement period. This section (2) During periods of enforcement, all will be enforced from June 22, 2016 vessel movement within the RNA is through December 31, 2018. subject to a ‘‘Slow-No Wake’’ speed limit. Vessels may not produce a wake EFFECTIVE DATE NOTE: At 81 FR 45024, July nor not attain speeds greater than five 12, 2016, temporary § 165.0462 was added, effective July 12, 2016, through Dec. 31, 2018. (5) knots unless a higher minimum speed is necessary to maintain bare § 165.T01–0471 Safety Zone; Belt Park- steerageway. way Bridge Construction, Gerritsen (3) During periods of enforcement, Inlet, Brooklyn, NY. upon being hailed by a U.S. Coast (a) Location. The following area is a Guard vessel by siren, radio, flashing safety zone: All navigable waters of light, or other means, the operator of Gerritsen Inlet: Southeast of a line the vessel must proceed as directed. from 40°35′09.46″ N, 073°54′53.92″ W to ° ′ ″ ° ′ ″ EFFECTIVE DATE NOTE: By USCG–2017–0434, 40 35 15.60 N, 073 54 42.07 W and North- 82 FR 24850, May 31, 2017, § 165.T01–0434 was west of a line from 40°35′04.88″ N, added, effective May 31, 2017 to July 14, 2017. 073°54′45.43″ W to 40°35′10.34″ N, 073°54′35.71″ W (NAD 83). § 165.T01–0462 Safety Zone; Tappan (b) Definitions. The following defini- Zee Bridge Construction Project, tions apply to this section: Hudson River, South Nyack and (1) Designated representative. A ‘‘des- Tarrytown, NY. ignated representative’’ is any Coast (a) Location. The following area is a Guard commissioned, warrant or petty safety zone: All navigable waters with- officer of the U.S. Coast Guard who has in 200 yards of the crane barge LEFT been designated by the Captain of the COAST LIFTER while conducting Port New York (COTP), to act on his or heavy lift operations on the Hudson her behalf. The designated representa- River. tive may be on an official patrol vessel

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or may be on shore and will commu- point of the existing Sarah Mildred nicate with vessels via VHF–FM radio Long Bridge. or loudhailer. In addition, members of (b) Regulations. (1) The general regu- the Coast Guard Auxiliary may be lations contained in §§ 165.10, 165.11, and present to inform vessel operators of 165.13 apply within the RNA. this regulation. (2) Any vessel transiting through the (2) Official patrol vessels. Official pa- RNA must make a direct passage. No trol vessels may consist of any Coast vessel may stop, moor, anchor or loiter Guard, Coast Guard Auxiliary, state, or within the RNA at any time unless local law enforcement vessels assigned they are working on the bridge con- or approved by the COTP. struction. Movement within the RNA (c) Enforcement periods. (1) This regu- is subject to a ‘‘Slow-No Wake’’ speed lation is enforceable 24 hours a day limit. All vessels may not produce a from April 30, 2014 through September wake and may not attain speeds great- 30, 2017. er than five (5) knots unless a higher (2) Prior to commencing or sus- minimum speed is necessary to main- pending enforcement of this regulation, tain bare steerageway. the COTP and designated on-scene pa- (3) There may be times that the First trol personnel will notify the public District Commander or the Captain of whenever the regulation is being en- the Port (COTP) finds it necessary to forced and whenever enforcement is close the RNA to vessel traffic. All clo- lifted, to include dates and times. The sures will be limited to specific hours means of notification will include, but of the day. Mariners will be advised of are not limited to, Broadcast Notice to all closure dates and times via Local Mariners and Local Notice to Mariners, Notice to Mariners and Broadcast No- Marine Safety Information Bulletins, tice to Mariners in advance of closure or other appropriate means. times. During times of limited closure, (d) Regulations. (1) The general regu- persons and vessels may request per- lations contained in 33 CFR 165.23, as mission to enter the RNA by con- well as the following regulations, tacting the COTP or the COTP’s on- apply. scene representative on VHF–16 or via (2) During periods of enforcement, all phone at 207–767–0303. persons and vessels must comply with (4) Any vessels transiting in the RNA all orders and directions from the must comply with all directions given COTP or a COTP’s designated rep- to them by the COTP or the COTP’s resentative. on-scene representative. The ‘‘on-scene (3) During periods of enforcement, representative’’ of the COTP is any upon being hailed by a U.S. Coast Coast Guard commissioned, warrant or Guard vessel by siren, radio, flashing petty officer who has been designated light, or other means, the operator of by the COTP to act on the COTP’s be- the vessel must proceed as directed. half. The on-scene representative may be on a Coast Guard vessel; or other EFFECTIVE DATE NOTE: By USCG–2013–0471, designated craft; or on shore and com- 79 FR 26851, May 12, 2014, temporary municating with vessels via VHF–FM § 165.T01–0471 was added, effective from May 12, 2014 until Sept. 30, 2017. At 79 FR 43256, radio or loudhailer. Members of the July 25, 2014, paragraph (a) was revised, ef- Coast Guard Auxiliary may be present fective from July 25, 2014 until Sept. 30, 2017. to inform vessel operators of this regulation. § 165.T01–0554 Regulated Navigation (5) All other relevant regulations, in- Area; Sarah Mildred Long Bridge cluding but not limited to the Inland Replacement, Portsmouth, NH. Navigation Rules (33 CFR subchapter (a) Location. The following area is a E), remain in effect within the RNA Regulated Navigation Area (RNA): All and must be strictly followed at all navigable waters of the Piscataqua times. River between Portsmouth, NH and (c) Enforcement period. This regula- Kittery, ME, from surface to bottom, tion is enforceable 24 hours a day from within a 300 yard radius of position 12:01 a.m. on December 31, 2014 until 43°05′10″ N, 070°45′38″ W (NAD 83), center 11:59 p.m. on May 31, 2019.

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(d) Notification. The Coast Guard will EFFECTIVE DATE NOTE: At 81 FR 47295, July rely on the methods described in § 165.7 21, 2016, temporary § 165.T01–0648 was added, to notify the public of the time and du- effective July 21, 2016, through July 10, 2017. ration of any closure of the RNA. Vio- § 165.T01–0824 Regulated Navigation lations of this RNA may be reported to Area; Housatonic River Bridge Re- the COTP at 207–767–0303 or on VHF- placement Operations; Stratford, Channel 16. CT. [USCG–2014–0554, 80 FR 1341, Jan. 9, 2014] (a) Location. The following area is a regulated navigation area (RNA): All EFFECTIVE DATE NOTE: By USCG–2014–0554, navigable waters of the Housatonic 80 FR 1341, Jan. 9,2014, as amended by USCG– River between Stratford and Milford, 2015–0433, 80 FR 44283, July 27, 2015, tem- CT, from bank to bank, surface to bot- porary § 165.T01–0554 was added, effective tom; bounded to the north by the Jan. 9, 2015 through May 31, 2019. Metro North Railroad (RR) Bridge § 165.T01–0648 Safety Zone: Hudson marked by a line connecting the fol- River, Edgewater, NJ. lowing points: Point ‘‘A’’, 41°12′17.19″ N, 073°06′40.29″ W western edge of the RR (a) Location. The following area is a bridge in Stratford, CT, east to point temporary safety zone: All U.S. navi- ‘‘B’’, 41°12′20.13″ N, 073°6′29.05″ W eastern gable waters of the Hudson River edge of the RR bridge in Milford CT; bound by the following points: bounded to the south by a line con- 40°48′40.088″ N., 073°58′53.026″ W.; thence necting the following points: Point ‘‘C’’ to 40°48′34.267″ N., 073°58′37.096″ W.; 41°12′14.36″ N, 073°06′41.06″ W western thence to 40°48′26.404″ N., 073°58′42.270″ edge of construction trestle in Strat- W.; thence to 40°48′33.882″ N., ford, CT, east to point ‘‘D’’ 41°12′15.86″ 073°59′01.955″ W., thence along the west- N, 073°06′27.57″ W eastern bank of ern shoreline to the point of origin. All Housatonic River, Milford, CT. All co- coordinates are based on the NAD 83. ordinates are North American Datum (b) Enforcement period. The safety 1983. zone described in paragraph (a) of this (b) Regulations. (1) The general regu- section will be enforced from July 10, lations contained in 33 CFR 165.10, 2016 through July 10, 2017, unless termi- 165.11, and 165.13 apply. nated sooner by the COTP. (2) In accordance with the general (c) Regulations. (1) In accordance with regulations, entry into, anchoring, or the general regulations in 33 CFR movement within the RNA, during pe- 165.23, entry into, transiting, or an- riods of enforcement, is prohibited un- choring within this safety zone is pro- less authorized by the Captain of the hibited unless authorized by the COTP Port Long Island Sound (COTP) or the COTP’s designated representative. or a designated on scene representa- (3) During periods of enforcement, tive. entry and movement within the RNA is (2) [Reserved] subject to a ‘‘Slow-No Wake’’ speed (3) An ‘‘on-scene representative’’ of limit. Vessels may not produce more the COTP is any Coast Guard commis- than a minimum wake and may not at- sioned, warrant or petty officer or a tain speeds greater than six knots un- Federal, State or local law enforce- less a higher minimum speed is nec- ment officer designated by or assisting essary to maintain steerageway when the COTP to act on his behalf. traveling with a strong current. In no (4) Vessel operators must contact the case may the wake produced by the COTP via the Command Center to ob- vessel be such that it creates a danger tain permission to enter or operate of injury to persons, or damage to ves- within the safety zone. The COTP may sels or structures of any kind. be contacted via VHF Channel 16 or at (4) During periods of enforcement, all (718) 354–4353. Vessel operators given persons and vessels must comply with permission to enter or operate within all orders and directions from the the safety zone must comply with all COTP or the COTP’s designated rep- directions given to them by the COTP, resentative. via the Command Center or an on- (5) During periods of enforcement, scene representative. upon being hailed by a Coast Guard

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vessel by siren, radio, flashing light or temporary § 165.T01–0824 was added, effective other means, the operator of the vessel Jan. 7, 2013 through Nov. 30, 2017. must proceed as directed. § 165.T01–0825 Safety Zone; United Il- (6) Persons and vessels may request luminating Company; Housatonic permission to enter the RNA during pe- River Crossing Project; Milford and riods of closure on VHF–16 or via phone Stratford, CT. at 203–468–4401. (a) Location. The following area is a (7) Notwithstanding anything con- safety zone: All navigable waters of the tained in this rule, the Inland Naviga- Housatonic River near Milford and tion Rules (33 CFR subchapter E) are Stratford, CT contained within the fol- still in effect and must be strictly ad- lowing area; beginning at a point on hered to at all times. land in position at 41°12′17″ N., 073°06′40″ (c) Effective period. This rule is effec- W. near the Governor John Davis tive from January 7, 2013 through No- Lodge Turnpike (I–95) Bridge; then vember 30, 2017. northeast across the Housatonic River (d) Enforcement period. Except when to a point on land in position at suspended in accordance with para- 41°12′20″ N., 073°06′29″ W. near the Gov- graph (e) of this section, this RNA is ernor John Davis Lodge Turnpike (I–95) enforceable 24 hours a day during the Bridge; then northwest along the effective period. shoreline to a point on land in position (e) Suspension of enforcement. The at 41°12′25″ N., 073°06′31″ W.; then south- COTP may suspend enforcement of the west across the Housatonic River to a RNA. If enforcement is suspended, the point on land in position at 41°12′22″ N., COTP will cause a notice of the suspen- 073°06′43″ W.; then southeast along the sion of enforcement by all appropriate shoreline back to point of origin (NAD means to promote the widest publicity 83). All positions are approximate. among the affected segments of the (b) Effective and enforcement period. public. Such means of notification may This rule will be effective from 8:00 include, but are not limited to, Broad- a.m. on June 12, 2017 to 6:00 p.m. on Au- cast Notice to Mariners and Local No- gust 31, 2017, but will only be enforced tice to Mariners. Such notifications during cable installation operations or will include the date and time that en- other instances which may cause a haz- forcement is suspended as well as the ard to navigation, when deemed nec- date and time that enforcement will re- essary by the Captain of the Port sume. (COTP), Sector Long Island Sound. The Coast Guard will issue a Broadcast No- (f) Waterway closure. The COTP may tice to Mariners via VHF–FM marine temporarily suspend all traffic through channel 16 eight hours in advance to the RNA for any situation that would any scheduled period of enforcement or pose imminent hazard to life on the as soon as practicable in response to an navigable waters. In the event of a emergency. complete waterway closure, the COTP (c) Definitions. The following defini- will make advance notice of the clo- tions apply to this section: A ‘‘des- sure by all means available to promote ignated representative’’ is any Coast the widest public distribution includ- Guard commissioned, warrant or petty ing, but not limited to, Broadcast No- officer of the U.S. Coast Guard who has tice to Mariners and Local Notice to been designated by the COTP, Sector Mariners. Such notification will in- Long Island Sound, to act on his or her clude the date and time of the closure behalf. The designated representative as well as the date and time that nor- may be on an official patrol vessel or mal vessel traffic can resume. may be on shore and will communicate (g) Violations of this RNA may be re- with vessels via VHF–FM radio or ported to the COTP, at 203–468–4401 or loudhailer. ‘‘Official patrol vessels’’ on VHF-Channel 16. Persons in viola- may consist of any Coast Guard, Coast tion of this RNA may be subject to Guard Auxiliary, state, or local law en- civil or criminal penalties. forcement vessels assigned or approved EFFECTIVE DATE NOTE: By USCG–2012–0824, by the COTP, Sector Long Island 78 FR 1148, Jan. 8, 2013, as amended by Sound. In addition, members of the USCG–2015–0433, 80 FR 44283, July 27, 2015, Coast Guard Auxiliary may be present

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to inform vessel operators of this regu- from surface to bottom, within the fol- lation. A ‘‘work vessel’’ is any vessel lowing points (NAD 83): from a line ex- provided by United Illuminating Com- tending from 42°14′46.392″ N, 070°58′2.964″ pany for the Housatonic River Crossing W, thence along a line 120°T to Project and may be hailed via VHF 42°14′44.376″ N, 070°57′52.992″ W, thence channel 13 or 16. south along the shoreline to (d) Regulations. (1) The general regu- 42°14′35.052″ N, 070°57′59.364″ W, thence lations contained in § 165.23 apply. along a line 291°T to 42°14′38.58″ N, (2) In accordance with the general 070°58′15.348″ W, thence north along the regulations in § 165.23, entry into or shoreline to the first point. movement within this zone is prohib- (b) Effective and enforcement periods. ited unless authorized by the COTP This rule is effective from October 28, Long Island Sound. 2013 until December 31, 2017. This RNA (3) Operators of vessels desiring to will be enforced intermittently, de- enter or operate within the safety zone pending on risks posed by the ongoing should contact the COTP Long Island construction project. Periods of en- Sound at 203–468–4401 (Sector Long Is- forcement will be published in the FED- land Sound Command Center) or the ERAL REGISTER via a Notice of Enforce- designated representative via VHF ment and may be publicized via Local channel 16 to obtain permission to do Notice to Mariners or Broadcast Notice so. Request to enter or operate in the to Mariners. safety zone must be made 24 hours in (c) Regulations. (1) The general regu- advanced of the planned undertaking. lations contained in 33 CFR 165.10, (4) Mariners are requested to proceed 165.11, and 165.13 apply. with caution after passing arrange- (2) In accordance with the general ments have been made. Mariners are regulations, entry into, anchoring, or requested to cooperate with the United movement within the RNA, during pe- Illuminating Company work vessels for riods of enforcement, is prohibited un- the safety of all concerned. The United less authorized by the First District Illuminating Company work vessels Commander, the Captain of the Port will be monitoring VHF channels 13 Boston (COTP), or the COTP’s des- and 16. Mariners are requested to pro- ignated representative. ceed with extreme caution and operate at their slowest safe speed as to not (3) During periods of enforcement, cause a wake. entry and movement within the RNA is (5) Any vessel given permission to subject to a ‘‘Slow-No Wake’’ speed enter or operate in the safety zone limit. Vessels within the RNA may not must comply with all directions given produce more than a minimum wake to them by the COTP Long Island and may not attain speeds greater than Sound, or the designated on-scene rep- three knots unless a higher minimum resentative. speed is necessary to maintain steer- (6) Upon being hailed by a U.S. Coast ageway when traveling with a strong Guard vessel by siren, radio, flashing current. In no case may the wake pro- light or other means, the operator of duced by a vessel within the RNA be the vessel shall proceed as directed. such that it creates a danger of injury to persons or damage to vessels or EFFECTIVE DATE NOTE: By USCG–2016–0825, structures of any kind. 82 FR 29745, June 30, 2017, § 165.T01–0825 was (4) During periods of enforcement, all revised, effective June 30, 2017, through Aug. 31, 2017. persons and vessels permitted to operate within the RNA must comply with § 165.T01–0876 Regulated Navigation all orders and directions from the First Area—Weymouth Fore River, Fore District Commander, the COTP, or the River Bridge Construction, Wey- COTP’s designated representative. mouth and Quincy, MA. (5) During periods of enforcement, all (a) Location. The following is a regu- persons and vessels permitted to oper- lated navigation area: all U.S. navi- ate within the RNA must proceed as di- gable waters surrounding the Wey- rected when hailed by a Coast Guard mouth Fore River bridge (Mile 3.5), be- vessel by siren, radio, flashing light or tween Weymouth and Quincy, MA; other means.

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(6) Vessel operators desiring to enter thorized to act in support of the Coast or operate within the RNA during an Guard. enforcement period shall contact the (4) Upon being hailed by a U.S. Coast COTP or the designated on-scene rep- Guard vessel or his designated representative via VHF channel 16 or 617– resentatives by siren, radio, flashing 223–3201 (Sector Boston command Cen- light or other means, the operator of ter) to obtain permission. the vessel shall proceed as directed. (7) Notwithstanding anything con- (5) Vessel operators desiring to enter tained in this rule, the Inland Naviga- or operate within this safety zone shall tion Rules (33 CFR subchapter E) are contact the Captain of the Port or his still in effect and must be strictly ad- designated representatives via VHF hered to at all times. channel 16 to obtain permission to do so. EFFECTIVE DATE NOTE: By USCG–2012–0876, 78 FR 59239, Sept. 26, 2013, as amended by EFFECTIVE DATE NOTE: By USCG–2014–1037, USCG–2015–0433, 80 FR 44282, July 27, 2015, 82 FR 12179, Mar. 1, 2017, § 165.T01–1037 was temporary § 165.T01–0876 was added, effective added, effective from Mar. 1, 2017 to Oct. 1, from Oct. 28, 2013 until Dec. 31, 2017. 2017.

§ 165.T01–1037 Safety Zone: Eastport § 165.T01–1048 Safety Zone; Kosciuszko Breakwater Terminal, Eastport, Bridge Construction, Newtown ME. Creek, Brooklyn and Queens, NY. (a) Location. The following area is a (a) Location. (1) The following area is safety zone: All navigable waters, from a safety zone: All waters from surface surface to bottom, within the following to bottom of Newtown Creek within 500 position(s) 44°54′26″ N., 066°59′00″ W., feet of the two barges and assist vessels 44°54′25″ N., 066°58′54″ W., 44°54′19″ N., while lowering and securing the exist- 066°58′55″ W., 44°54′19″ N., 066°59′01″ W., ing Kosciuszko Bridge center span at (NAD). Friar Roads, Eastport, Maine. mile 2.1 to the two barges. This area is All positions are approximate. bound by the following approximate (b) Effective Period. This rule is effec- positions: northwest of a line drawn tive and enforced from 3:00 p.m. on from 40°43′34.9″ N., 073°55′42.0″ W. to January 30, 2017 to 11:59 p.m. October 1, 40°43′36.8″ N., 073°55′39.8″ W. (approxi- 2017. mately 500 feet south (upstream) of the (c) Notification. Coast Guard Sector Kosciuszko Bridge at mile 2.1), and Northern New England will give actual southeast of a line drawn from notice to mariners for the purpose of 40°43′40.6″ N., 073°55′52.8″ W. to 40°43′43.1″ enforcement of this temporary safety N., 073°55′49.9″ W. (approximately 500 zone. Also, Sector Northern New Eng- feet downstream of the Kosciuszko land will notify the public to the great- Bridge at mile 2.1) (NAD 83). est extent possible of any period in (2) The following area is a moving which the Coast Guard will suspend en- safety zone: All waters from surface to forcement of this safety zone. bottom of Newtown Creek within 500 (d) Regulations. (1) The general regu- feet of the two barges and assist vessels lations contained in 33 CFR 165.23 while transiting Newtown Creek be- apply. tween Latitude 40°43′30.0″ N. (approxi- (2) In accordance with the general mately 370 yards south (upstream) of regulations in § 165.23 of this part, the Kosciuszko Bridge at mile 2.1), and entry into or movement within this east of a line drawn from the following zone is prohibited unless authorized by approximate positions: 40°44′17.1″ N., the Captain of the Port or his des- 073°57′45.6″ W. to 40°44′10.4″ N., ignated representatives. 073°57′45.6″ W. (at the confluence with (3) The ‘‘designated representative’’ the East River) (NAD 83). is any Coast Guard commissioned, war- (b) Definitions. The following defini- rant, or petty officer who has been des- tions apply to this section: ignated by the Captain of the Port to (1) Designated Representative. A ‘‘des- act on his behalf. The designated rep- ignated representative’’ is any Coast resentative may be on board a Coast Guard commissioned, warrant or petty Guard vessel, or on board a federal, officer of the U.S. Coast Guard who has state, or local agency vessel that is au- been designated by the COTP to act on

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his or her behalf. A designated rep- 074°12′02.052″ W. All geographic coordi- resentative may be on an official patrol nates are North American Datum of vessel or may be on shore and will com- 1983 (NAD 83). municate with vessels via VHF–FM (b) Regulations. (1) The general regu- radio or loudhailer. In addition, mem- lations contained in 33 CFR 165.10, bers of the Coast Guard Auxiliary may 165.11, and 165.13 apply within the RNA. be present to inform vessel operators of (2) Any vessel transiting through the this regulation. RNA must make a direct passage. No (2) Official Patrol Vessels. Official pa- vessel may stop, moor, anchor or loiter trol vessels may consist of any Coast within the RNA at any time unless Guard, Coast Guard Auxiliary, state, or they are working on the bridge con- local law enforcement vessels assigned struction. Movement within the RNA or approved by the COTP. is subject to a ‘‘Slow-No Wake’’ speed (c) Enforcement Periods. (1) This safe- limit. All vessels may not produce a ty zone is effective from June 21, 2017 wake and may not attain speeds great- to December 31, 2017 but will only be er than five (5) knots unless a higher enforced when active center span low- minimum speed is necessary to main- ering, securing, and towing operations tain bare steerage. are in progress. (3) There may be times that the First (2) The Coast Guard will rely on ma- District Commander or the Captain of rine broadcasts and local notice to the Port (COTP) finds it necessary to mariners to notify the public of the close the RNA to vessel traffic. During time and duration that the safety zone times of limited closure, persons and will be enforced. Violations of this vessels may request permission to safety zone may be reported to the enter the RNA by contacting the COTP COTP at 718–354–4353 or on VHF-Chan- or the COTP’s on-scene representative nel 16. on VHF–16 or via phone at 718–354–4353. (d) Regulations. (1) The general regu- (4) Any vessels transiting in the RNA lations contained in 33 CFR 165.23, as must comply with all directions given well as the following regulations, to them by the COTP or the COTP’s apply. on-scene representative. The ‘‘on-scene (2) During periods of enforcement, all representative’’ of the COTP is any persons and vessels must comply with Coast Guard commissioned, warrant or all orders and directions from the petty officer who has been designated COTP or a COTP’s designated rep- by the COTP to act on the COTP’s be- resentative. half. The on-scene representative may (3) During periods of enforcement, be on a Coast Guard vessel; or other upon being hailed by a U.S. Coast designated craft; or on shore and com- Guard vessel by siren, radio, flashing municating with a VTSNY light, or other means, the operator of Watchstander or vessels via VHF–FM the vessel must proceed as directed. radio or loudhailer. Members of the EFFECTIVE DATE NOTE: At 82 FR 28009, June Coast Guard Auxiliary may be present 20, 2017, § 165.T01–1048 was added, effective to inform vessel operators of this regu- June 20, 2017, to Dec. 31, 2017. lation. (5) All other relevant regulations, in- § 165.T01–1063 Regulated Navigation cluding but not limited to the Inland Area; Arthur Kill, NY and NJ. Navigation Rules (33 CFR subchapter (a) Location. The following area is a E), remain in effect within the RNA Regulated Navigation Area (RNA): All and must be strictly followed at all navigable waters from Port Ivory to times. Grasselli High Wires north of Pralls Is- (6) Vessel Movement Reporting Sys- land in the Arthur Kill; bounded in the tem (VMRS) users are prohibited from northeast by a line drawn from posi- meeting or overtaking other vessels tion 40°38′43.260″ N, 074°10′47.208″ W; to a when transiting alongside an active point in position 40°38′52.152″ N, work area where dredging and drilling 074°10′47.748″ W; and bounded in the equipment are being operated. southwest by a line drawn from posi- (c) Effective and enforcement period. tion 40°37′8.940″ N, 074°12′19.116″ W; to a This regulation is effective and en- point in position 40°37′03.252″ N, forceable 24 hours a day from 12:01 a.m.

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on December 2, 2014 until 11:59 p.m. on (ii) Double-hull tank barges are ex- October 31, 2018. empt from paragraph (d)(1)(i) of this (d) Notification. The Coast Guard will section. rely on the methods described in 33 (iii) The cognizant Captain of the CFR 165.7 to notify the public of the Port (COTP), upon written application, time and duration of any closure of the may authorize an exemption from the RNA. Violations of this RNA may be requirements of paragraph (d)(1)(i) of reported to the COTP at 718–354–4353 or this section for— on VHF-Channel 16. (A) Any tank barge with a capacity of less than 25,000 barrels, operating in EFFECTIVE DATE NOTE: By USCG–2013–1063, an area with limited depth or width 80 FR 831, Jan. 7, 2015, as amended by USCG– such as a creek or small river; or 2015–0433, 80 FR 44283, July 27, 2015, tem- (B) Any tank barge operating on any porary § 165.T01–1063 was added, effective waters within the COTP Zone, if the from Jan. 7, 2015 until Oct. 31, 2018. operator demonstrates to the satisfac- § 165.100 Regulated Navigation Area: tion of the COTP that the barge em- Navigable waters within the First ploys an equivalent level of safety to Coast Guard District. that provided by the positive control provisions of this section. Each request (a) Regulated navigation area. All nav- for an exemption under this paragraph igable waters of the United States, as must be submitted in writing to the that term is used in 33 CFR 2.36, within cognizant COTP no later than 7 days the geographic boundaries of the First before the intended transit. Coast Guard District, as defined in 33 (iv) The operator of a towing vessel CFR 3.05–1(b). engaged in towing any tank barge must (b) Definitions. Terms used in this immediately call for an escort or assist section have the same meaning as tug to render assistance in the event of those found in 33 CFR 157.03. Single- any of the occurrences identified in hull identifies any tank barge that is paragraph (d)(1)(i) of this section. not a double-hull tank barge. (2) Enhanced communications. Each (c) Applicability. This section applies vessel engaged in towing a tank barge to primary towing vessels engaged in must communicate by radio on marine towing tank barges carrying petroleum band or Very High Frequency (VHF) oil in bulk as cargo in the regulated channel 13 or 16, and issue security navigation area, or as authorized by calls on marine band or VHF channel the District Commander. 13 or 16, upon approach to the following (d) Regulations—(1) Positive control for places: barges. (i) Except as provided in para- (i) Execution Rocks Light (USCG graph (d)(1)(iii) and paragraph 5 of this Light List No. [LLNR] 21440). section, each single hull tank barge, (ii) Matinecock Point Shoal Lighted unless being towed by a primary tow- Gong Buoy 21 (LLNR 21420). ing vessel with twin-screw propulsion (iii) 32A Buoy (LLNR 21380). and with a separate system for power (iv) Cable and Anchor Reef Lighted to each screw, must be accompanied by Bell Buoy 28C (LLNR 21330). an escort tug of sufficient capability to (v) Stratford Shoal (Middle Ground) promptly push or tow the tank barge Light (LLNR 21260). away from danger of grounding or col- (vi) Old Field Point Light (LLNR lision in the event of— 21275). (A) A propulsion failure; (vii) Approach to Stratford Point 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) PI Buoy (LLNR 21080). (F) A loss of steering; or (xi) Race Rock Light (LLNR 19815). (G) Any other time a vessel may be (xii) Valiant Rock Lighted Whistle operating in a Hazardous Vessel Oper- Buoy 11 (LLNR 19825). ating Condition as defined in § 161.2 of (xiii) Approach to Point Judith in vi- this Chapter. cinity of Block Island ferry route.

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(xiv) Buzzards Bay Entrance Light (A) The information described in (LLNR 630). paragraphs (d)(3)(iii)(D) and (E) of this (xv) Buzzards Bay Midchannel Light- section. ed Buoy BB (LLNR 16055) (B) Current weather conditions in- (xvi) Cleveland East Ledge Light cluding visibility, wind, and sea state. (LLNR 016080). This information may be entered in ei- (xvii) Hog Island Channel Lighted ther the voyage plan or towing vessel’s Buoys 1 (LLNR 16130) and 2 (LLNR log book. 16135). (C) The channels of VHF radio to (xviii) Approach to the Bourne monitor. Bridge. (D) Other considerations such as availability of pilot, assist tug, berth, (xix) Approach to the Sagamore and line-handlers, depth of berth at Bridge. mean low water, danger areas, and se- (xx) Approach to the eastern en- curity calls. trance of Cape Cod Canal. (4) Navigation restriction areas. Unless (3) Voyage planning. (i) Each owner or authorized by the cognizant COTP, no operator of a towing vessel employed tank barge may operate in— to tow a tank barge shall prepare a (i) The waters of Cape Cod Bay south written voyage plan for each transit of of latitude 42°5′ North and east of lon- 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 Cape Cod Canal to its eastern entrance, (E) Forward and after drafts of the except that the area of New Bedford tank barge, and under-keel and vertical harbor within the confines (north) of clearances for each port and berthing the hurricane barrier, and the passages area. through the Elizabeth Islands, is not (F) Pre-departure checklists. considered to be ‘‘Buzzards Bay’’. (G) Calculated speed and estimated (ii) Additional positive control for times of arrival at proposed waypoints. barges. Except as provided in paragraph (H) Communication contacts at Ves- (d)(1)(iii) of this section, each single sel Traffic Service (VTS) (if applica- hull tank barge transiting Buzzards ble), bridges, and facilities, and port- Bay and carrying 5,000 or more barrels specific requirements for VHF radio. of oil or other hazardous material (I) The master’s standing orders de- must, in addition to its primary tug, be tailing closest points of approach, spe- accompanied by an escort tug of suffi- cial conditions, and critical maneu- cient capability to promptly push or vers. tow the tank barge away from danger (iv) Each owner or operator of a tank of grounding or collision in the event barge on an intra-port transit of not of— more than four hours may prepare a (A) A propulsion failure; voyage plan that contains: (B) A parted tow line;

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(C) A loss of tow; thorized under authority of section 311, (D) A fire; Pub. L. 105–383. (E) Grounding; [CGD1–98–151, 63 FR 71770, Dec. 30, 1998, as (F) A loss of steering; or amended by CGD01–98–151, 64 FR 12749, Mar. (G) Any other time a vessel may be 15, 1999; USCG–1999–5832, 64 FR 34715, June 29, operating in a Hazardous Vessel Oper- 1999; CGD01–98–151, 65 FR 35838, June 6, 2000; ating Condition as defined in § 161.2 of CGD01–04–133, 72 FR 50058, Aug. 30, 2007; 72 this subchapter. FR 70780, Dec. 13, 2007; USCG–2008–0179, 73 FR (iii) Federal pilotage. Each single hull 35016, June 19, 2008; USCG–2015–0433, 80 FR tank barge transiting Buzzards Bay 44283, July 27, 2015] and carrying 5,000 or more barrels of oil or other hazardous material must be § 165.101 Kittery, Maine—regulated under the direction and control of a navigation area. pilot, who is not a member of the crew, (a) The following is a regulated navi- operating under a valid, appropriately gation area—Waters within the bound- endorsed, Federal first class pilot’s li- aries of a line beginning at 43°04′50″ N, cense issued by the Coast Guard (‘‘fed- 70°44′52″ W; then to 43°04′52″ N, 70°44′53″ erally licensed pilot’’). Pilots are re- W; then to 43°04′59″ N, 70°44′46″ W; then quired to embark, direct, and control to 43°05′05″ N, 70°44′32″ W; then to from the primary tug during transits of 43°05′03″ N, 70°44′30″ W; then to the be- Buzzards Bay. ginning point. (iv) In addition to the vessels denoted (b) Regulations. No vessel may oper- in § 161.16 of this chapter, requirements ate in this area at a speed in excess of set forth in subpart B of 33 CFR part five miles per hour. 161 also apply to any vessel transiting VMRS Buzzards Bay required to carry § 165.102 Security Zone: Walkers Point, a bridge-to-bridge radiotelephone by Kennebunkport ME. part 26 of this chapter. (a) Location. The following area is a (A) A VMRS Buzzards Bay user must: security zone: From point of land lo- (1) Not enter or get underway in the cated on Cape Arundel at latitude area without first notifying the VMRS ° ′ ° ′ Center; 43 20.4 North, Iongitude 070 28.0 West; thence to a point approximately 500 (2) Not enter VMRS Buzzards Bay if a 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 lo- taking any other VMRS user in the cated at 43°20.9′ North, longitude area, communicate on the designated 070°27.1′ West; thence along the shore- vessel bridge-to-bridge radiotelephone line of Walkers Point to the beginning frequency, intended navigation move- point. The aforementioned offshore po- ments, and any other information nec- sitions are approximated by white essary in order to make safe passing buoys marked in orange indicating an arrangements. This requirement does exclusionary area. not relieve a vessel of any duty pre- (b) Regulations. (1) In accordance with scribed by the Navigation Rules the general regulations in § 165.33 of (COLREGS and their associated An- this part, entry into this zone is pro- nexes and Inland Navigation Rules (33 hibited unless authorized by the Cap- CFR subchapter E)). tain of the Port, Portland, Maine. Sec- (B) [Reserved] tion 165.33 also contained other general (e) In addition to the authority for requirements. this part 165, this section is also au-

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(2) No person may swim upon or by the Captain of the Port, Portland, below the surface of the water within Maine or his authorized patrol rep- the boundaries of this security zone. resentative. (d) The Captain of the Port will no- [CGDI 89–008, 54 FR 13883, Apr. 6, 1989] tify the maritime community and local § 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

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pay a port call, in the Portland, Maine, ginning at position 42°53′58″ N, 070°51′06″ Captain of the Port zone as delineated W then running along the property in 33 CFR 3.05–15. boundaries of Seabrook Nuclear Power (b) Location. The following areas are Plant to position 42°53′46″ N, 070°51′06″ security zones: W. All coordinates reference 1983 North (1) All navigable waters within the American Datum (NAD 83). Portland, Maine, Captain of the Port (b) Regulations. (1) In accordance with Zone, extending from the surface to the the general regulations in § 165.33 of sea floor, within a 100-yard radius of this part, entry into or movement any passenger vessel that is anchored, 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 patrol personnel. On-scene Coast Guard [CGD01–02–092, 67 FR 64815, Oct. 22, 2002] patrol personnel include commissioned, warrant and petty officers of the Coast § 165.110 Safety and Security Zone; Guard on board Coast Guard, Coast Liquefied Natural Gas Carrier Guard Auxiliary, and local, state and Transits and Anchorage Operations, federal law enforcement vessels. Emer- Boston, Massachusetts. gency response vessels are authorized (a) Definitions. As used in this sec- to move within the zone, but must tion— abide by restrictions imposed by the Authorized representative means a COTP or his designated representative. Coast Guard commissioned, warrant, or (3) No person may swim upon or petty officer or a Federal, State, or below the surface of the water within local law enforcement officer des- the boundaries of these security zones ignated by or assisting the Captain of unless previously authorized by the the Port (COTP) Boston. COTP or his designated representative. (d) Enforcement. The Captain of the Deepwater port means any facility or Port will enforce these zones and may structure meeting the definition of enlist the aid and cooperation of any deepwater port in 33 CFR 148.5. Federal, state, county, municipal, or Support vessel means any vessel meet- private agency to assist in the enforce- ing the definition of support vessel in ment of the regulation. 33 CFR 148.5. (b) Location. The following areas are [CGD01–03–001, 68 FR 22305, Apr. 28, 2003] safety and security zones: § 165.106 Security Zone: Seabrook Nu- (1) Vessels underway. All navigable clear Power Plant, Seabrook, New waters of the United States within the Hampshire. Captain of the Port (COTP) Boston (a) Location. The following area is a zone, as defined in 33 CFR 3.05–10, two security zone: All land and waters miles ahead and one mile astern, and within 250 yards of the waterside prop- 500 yards on each side of any liquefied erty boundary of Seabrook Nuclear natural gas carrier (LNGC) vessel while Power Plant identified as follows: be- underway.

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(2) Vessels anchored in the Broad (1) Around the U.S.S. Constitution or Sound. All waters within a 500-yard ra- any accompanying parade vessels when dius of any anchored LNGC vessel lo- Constitution is under way—300 yards in cated in the waters of Broad Sound all directions in the waters around the bounded by a line starting at position U.S.S. Constitution and each parade ves- 42 deg. 25′ N, 070 deg. 58′ W; then run- sel accompanying Constitution when- ′ ning southeast to position 42 deg. 22 N, ever the U.S.S. Constitution is under- ′ 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). (3) Vessels moored at the Distrigas LNG (2) Whenever Constitution is moored facility. All waters within a 400-yard ra- at Pier 1, Charlestown Navy Yard—the dius of any LNGC vessel moored at the waters between Hoosac Pier and Pier 1, Distrigas LNG facility in Everett, MA. Charlestown Navy Yard, from the (4) Vessels calling on a deepwater port. imaginary line connecting the outer All waters within a 500-meter radius of easternmost point protruding into Bos- any LNGC engaged in regasification or ton Harbor from Hoosac Pier to the transfer, or otherwise moored, an- outer westernmost point protruding chored, or affixed to a deepwater port into Boston Harbor from Pier 1, listed in 33 CFR 150.490 and falling Charlestown Navy Yard, extending in- within the waters of the Boston COTP bound along the face of both piers to Zone, as defined in 33 CFR 3.05–10. the landside points where both piers (c) Regulations. (1) In accordance with end. the general regulations in Sec. 165.23 (3) Around the U.S.S. Constitution— and Sec. 165.33 of this part, entry into fifty yards in all directions in the or movement within these zones is pro- waters around Constitution when the hibited unless authorized by the Cap- vessel is moored at any Boston berth- tain of the Port Boston, or his/her au- ing location other than Pier 1, Charles- thorized representative. town Navy Yard. (2) No person or vessel may enter the waters within the boundaries of the (b) The general regulations governing safety and security zones described in safety zones as contained in 33 CFR paragraph (b) of this section unless pre- 165.23 apply. viously authorized by the COTP Bos- [CGD1 91–109, 57 FR 30407, July 9, 1992] ton, or his/her authorized representative. However, LNGCs and support ves- § 165.112 Safety Zone: USS CASSIN sels, as defined in 33 CFR 148.5, oper- YOUNG, Boston, Massachusetts. ating in the vicinity of NEGDWP are (a) Location. The following area is a authorized to enter and move within safety zone: such zones in the normal course of their operations following the require- Around the USS CASSIN YOUNG ments set forth in 33 CFR 150.340 and (DD–793) and any accompanying parade 150.345, respectively. vessels when the USS CASSIN YOUNG (3) All vessels operating within the is underway. The zone extends 100 safety and security zones described in yards in all directions in the waters paragraph (b) of this section must com- around the USS CASSIN YOUNG and ply with the instructions of the COTP accompanying parade vessels whenever or his/her authorized representative. the USS CASSIN YOUNG is underway in Boston Harbor from the time the [CGD01–02–023, 67 FR 63263, Oct. 11, 2002, as amended by USCG–2007–0087, 73 FR 34194, USS CASSIN YOUNG departs its berth June 17, 2008] until it is safely moored. (b) Regulations. The general regula- § 165.111 Safety Zone: Boston Harbor, tions governing safety zones as con- Boston, Massachusetts. tained in 33 CFR 165.23 apply. (a) The following areas are established as safety zones during the condi- [CGD01–93–001, 58 FR 47991, Sept. 14, 1993] tions specified:

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§ 165.113 Security Zone: Dignitary ar- proaching within three hundred yards rival/departure Logan International in all directions from the designated Airport, Boston, MA. vessel transporting the President, Vice (a) Location. The permanent security President, or visiting heads of foreign zone consists of four sectors that may states or foreign governments between be activated in part, or in whole, upon Logan International Airport and any the request of the U.S. Secret Service. location in Boston Harbor. These zones are for the protection of (5) The activation of a particular sec- the President or Vice President of the tor of this security zone will be an- United States, as well as visiting heads nounced via Safety Marine Information 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 be- [CGD01–97–004, 63 FR 16117, Apr. 2, 1998] tween positions 42°22′45″ N., 071°01′05″ W. and 42°21′48″ N., 071°01′45″ W. (NAD) § 165.114 Safety and Security Zones: 1983). Escorted Vessels—Boston Harbor, (2) Sector two will go into effect 15 Massachusetts. minutes before the vehicle carrying the (a) Location. The following waters President, Vice President, or visiting within the Boston Captain of the Port heads of foreign states or foreign gov- Zone, 1000 yards ahead and astern, and ernments enters the Callahan Tunnel 100 yards on each side of any des- or Sumner Tunnel. Sector two may ignated escorted vessel, are established preclude vessels, as necessary, from en- as safety and security zones: All waters tering an area of the main ship chan- of Boston Inner Harbor, including the nel, Boston Inner Harbor; fifty yards in waters of the Mystic River, Chelsea all directions from a point directly River, and Reserved Channel west of a above the Callahan Tunnel or Sumner line running from Deer Island Light, at Tunnel. position 42°20′25″ N, 070°57′15″ W, to (3) Sector three will go into effect 15 Long Island, at position 42°19′48″ N, minutes before the vehicle carrying the 070°57′15″ W, and west of the Long Is- President, Vice President, or visiting land Bridge, running from Long Island heads of foreign states or foreign gov- to Moon Head. ernments enters the Ted Williams Tun- (b) Escorted vessel definition. For the nel. Sector three may preclude vessels, purposes of this section, escorted ves- as necessary, from entering an area of sels operating in Boston Harbor include the main ship channel, Boston Inner the following: Any vessels deemed to be Harbor, fifty yards in all directions in need of escort protection by the Cap- from a point directly above the Ted tain of the Port, Boston for security Williams Tunnel. reasons. (4) Sector four will go into effect 15 (c) Regulations. (1) In accordance with minutes before the President, Vice the general regulations in §§ 165.23 and President, or visiting heads of foreign 165.33 of this part, entry into or move- states or foreign governments board ment within this zone is prohibited un- the designated transport vessel. Sector less authorized by the Captain of the four will preclude all vessels from ap- Port Boston.

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(2) All vessel operators shall comply abeam of any vessel moored at the with the instructions of the COTP or Massachusetts Port Authority Black the designated on-scene U.S. Coast Falcon Terminal; Guard patrol personnel. On-scene Coast (2) Boston Inner Harbor. All waters of Guard patrol personnel include com- Boston Harbor within one hundred (100) missioned, warrant, and petty officers feet of the Coast Guard Integrated Sup- of the Coast Guard on board Coast port Command (ISC) Boston piers and; Guard, Coast Guard Auxiliary, local, (3) Salem Harbor. All waters of Salem state, and federal law enforcement ves- Harbor within a two-hundred and fifty sels. (250) yard radius of the center point of [CGD01–01–227, 67 FR 20912, Apr. 29, 2002, as the PG & E Power Plant Terminal amended by CGD01–01–227, 67 FR 63265, Oct. Wharf, Salem, MA, located at 42°31.33′ 11, 2002] N, 070°52.67′ W when a vessel is moored § 165.115 Safety and Security Zones; at this pier. All coordinates are North Pilgrim Nuclear Power Plant, Plym- American Datum 1983. outh, Massachusetts. (b) Regulations. (1) In accordance with (a) Location. All waters of Cape Cod the general regulations in § 165.23 and Bay and land adjacent to those waters § 165.33 of this part, entry into or move- enclosed by a line beginning at position ment within these zones is prohibited 41°56′59.3″ N, 070°34′58.5″ W; thence to unless authorized by the Captain of the 1°57′12.2″ N, 070°34′41.9″ W; thence to Port Boston. 41°56′42.3″ N, 070°34′00.1″ W; thence to (2) All vessel operators shall comply 41°56′29.5″ N, 070°34′14.5″ W. with the instructions of the Captain of (b) Regulations. (1) In accordance with the Port or the designated on-scene the general regulations in §§ 165.23 and U.S. Coast Guard patrol personnel. On- 165.33 of this part, entry into or move- scene Coast Guard patrol personnel in- ment within these zones is prohibited clude commissioned, warrant, and unless authorized by the Captain of the petty officers of the Coast Guard on Port Boston. board Coast Guard, Coast Guard Auxil- (2) All vessel operators shall comply iary, local, state, and federal law en- with the instructions of the COTP or forcement vessels. the designated on-scene U.S. Coast Guard patrol personnel. On-scene Coast (3) No person may enter the waters or Guard patrol personnel include com- land area within the boundaries of the missioned, warrant, and petty officers safety and security zones unless pre- of the Coast Guard on board Coast viously authorized by the Captain of Guard, Coast Guard Auxiliary, local, the Port, Boston or his authorized pa- state, and federal law enforcement ves- trol representative. sels. [CGD01–02–016, 67 FR 45909, July 11, 2002, as (3) No person may enter the waters or amended by USCG–2009–0416, 74 FR 27441, land area within the boundaries of the June 10, 2009] safety and security zones unless previously authorized by the Captain of § 165.117 Regulated Navigation Areas, the Port, Boston or his authorized pa- Safety and Security Zones: Deep- trol representative. water Ports, First Coast Guard Dis- trict. [CGD01–02–002, 67 FR 37693, May 30, 2002, as amended by USCG–2009–0311, 74 FR 50925, Oct. (a) Location—(1) Regulated navigation 2, 2009] areas. All waters within a 1,000 meter radius of the geographical positions set § 165.116 Safety and Security Zones; Salem and Boston Harbors, Massa- forth in paragraph (a)(3) of this section chusetts. are designated as regulated navigation areas. (a) Location. The following areas are permanent safety and security zones: (2) Safety and security zones. All (1) Reserved Channel, Boston Harbor. waters within a 500-meter radius of the All waters of Boston Harbor within one geographic positions set forth in para- hundred fifty (150) yards off the bow graph (a)(3) of this section are des- and stern and one hundred (100) yards ignated as safety and security zones.

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(3) Coordinates. (i) The geographic co- (2) In accordance with the general ordinates forming the loci for the regu- regulations in §§ 165.23 and 165.33 of this lated navigation areas, safety and secu- part, entry into or movement within rity zones for the Northeast Gateway the safety and security zones des- Deepwater Port are: 42°23′38″ N., ignated in paragraph (a)(2) of this sec- 070°35′31″ W.; and 42°23′56″ N., 070°37′00″ tion is prohibited unless authorized by W. (NAD 83). the COTP Boston, or his/her authorized (ii) The geographic coordinates form- representative. ing the loci for the regulated naviga- (3) Notwithstanding paragraph (d)(2) tion areas, safety, and security zones of this section, tankers and support for Neptune Deepwater Port are: vessels, as defined in 33 CFR 148.5, oper- 42°29′12.3″ N., 70°36′29.7″ W.; and ating in the vicinity of NEGDWP are 42°27′20.5″ N., 70°36′07.3″ W. (NAD 83). authorized to enter and move within (iii) [Reserved] such zones in the normal course of (b) Definitions. As used in this sec- their operations following the require- tion— ments set forth in 33 CFR 150.340 and Authorized representative means a 150.345, respectively. Coast Guard commissioned, warrant, or (4) All vessels operating within the petty officer or a Federal, State, or safety and security zones described in local law enforcement officer des- paragraph (a)(2) of this section must ignated by or assisting the Captain of comply with the instructions of the the Port (COTP) Boston. COTP or his/her authorized representa- Deepwater port means any facility or tive. structure meeting the definition of [USCG–2007–0087, 73 FR 34194, June 17, 2008, as deepwater port in 33 CFR 148.5. amended by USCG–2009–0589, 75 FR 51377, Dredge means fishing gear consisting Aug. 20, 2010; USCG–2014–0410, 79 FR 38442, of a mouth frame attached to a holding July 7, 2014] bag constructed of metal rings or mesh. § 165.118 Safety Zones; recurring annual events held in Coast Guard Support vessel means any vessel meet- Sector Boston Captain of the Port ing the definition of support vessel in Zone. 33 CFR 148.5. The Coast Guard is establishing safe- Trap means a portable, enclosed de- ty zones for the events listed in Table vice with one or more gates or en- 1 of this section. These regulations in trances and one or more lines attached this section will be enforced for the du- to surface floats used for fishing. Also ration of each event, on or about the called a pot. dates indicated in Table 1 of this sec- (c) Applicability. This section applies tion. Annual notice of the exact dates to all vessels operating in the regu- and times of the effective period of the lated navigation areas set forth in regulations in this section with respect paragraph (a) of this section, except— to each event, the geographical de- (1) Those vessels conducting cargo scription of each regulated area, and transfer operations with the deepwater details concerning the nature of the ports whose coordinates are provided in event and the number of participants paragraph (a)(3) of this section, and type(s) of vessels involved will be (2) Support vessels operating in con- made to the local maritime community junction therewith, and through the Local Notice to Mariners (3) Coast Guard vessels or other law and/or Broadcast Notice to Mariners enforcement vessels operated by or well in advance of the events. If the under the direction of an authorized event does not have a date listed, then representative of the COTP Boston. the exact dates and times of the en- (d) Regulations. (1) No vessel may an- forcement will be announced through a chor, engage in diving operations, or Notice of Enforcement in the FEDERAL commercial fishing using nets, dredges, REGISTER. Mariners should consult the traps (pots), or use of remotely oper- FEDERAL REGISTER or their LNM to re- ated vehicles (ROVs) in the regulated main apprised of minor schedule or navigation areas set forth in paragraph event changes. First Coast Guard Dis- (a)(1) of this section. trict LNM can be found at: http://

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www.navcen.uscg.gov/. The Sector Bos- times, or dates and times as modified ton Marine Events schedule can also be through the LNM, unless authorized by viewed electronically at: http:// an official patrol vessel. www.homeport.uscg.mil. Although listed (d) The Patrol Commander may con- in the Code of Federal Regulations, trol the movement of all vessels in the sponsors of events listed in Table 1 of regulated area. When hailed or signaled this section are still required to submit by an official patrol vessel, a vessel a marine event permit application each shall come to an immediate stop and year in accordance with 33 CFR 100.15. comply with the lawful directions (a) The Coast Guard may patrol each issued. Failure to comply with a lawful event area under the direction of a des- direction may result in expulsion from ignated Coast Guard Patrol Com- the area, citation for failure to comply, mander. The Patrol Commander may or both. be contacted on Channel 16 VHF–FM (e) The Patrol Commander may delay (156.8 MHz) by the call sign or terminate any marine event in this ‘‘PATCOM.’’ Official patrol vessels subpart at any time it is deemed nec- may consist of any Coast Guard, Coast essary to ensure the safety of life or Guard Auxiliary, state, or local law en- property. Such action may be justified forcement vessels assigned or approved as a result of weather, traffic density, by the Captain of the Port, Sector Bos- spectator operation or participant be- ton. havior. (b) Vessels may not transit the regu- (f) For all fireworks displays listed lated areas without Patrol Commander below, the regulated area is that area approval. Vessels permitted to transit of navigable waters within a 350-yard must operate at a no wake speed, in a radius of the launch platform or launch manner which will not endanger par- site for each fireworks display, unless ticipants or other crafts in the event. modified in the LNM at: http:// (c) Spectators or other vessels shall www.navcen.uscg.gov/. not anchor, block, loiter, or impede the (g) For all swimming events listed, movement of event participants or offi- vessels not associated with the event cial patrol vessels in the regulated shall maintain a distance of at least 100 areas during the effective dates and yards from the participants.

TABLE 1

6.0 June

6.1 Sand and Sea Festival Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Salisbury Beach Partnership, Inc. • Date: A one-night event on Saturday during the last weekend of June, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 10:00 p.m. to 10:30 p.m. • Location: All waters of the Atlantic Ocean near Salisbury Beach within a 350-yard radius of the fireworks launch site located at position 42°50.6′ N, 70°48.4′ W (NAD 83). 6.2 St. Peter’s Fiesta Fireworks ...... • Event Type: Fireworks Display. • Sponsor: St. Peters Fiesta. • Date: A one-night event on Saturday during the last weekend of June, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 8:00 p.m. to 10:00 p.m. • Location: All waters of Gloucester Harbor, Stage Fort Park, within a 350-yard radius of the fireworks launch site on the beach located at position 42°36.3′ N, 070°40.5′ W (NAD 83). 6.3 Surfside Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Salisbury Beach Partnership and Chamber of Commerce. • Date: Every Saturday from June through September, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9:30 p.m. to 10:30 p.m. • Location: All waters of the Atlantic Ocean near Salisbury Beach, MA, within a 350-yard radius of the fireworks barge located at position 42°50.6′ N, 070°48.4′ W (NAD 83). 6.4 Cohasset Triathlon ...... • Event Type: Swim. • Sponsor: Bill Burnett.

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TABLE 1—Continued • Date: A one-day event on Sunday during the last weekend of June, as specified in the USCG District 1 Local Notice to Mariners. • Time: 08:30 a.m. to 10:00 a.m. • Location: All waters in the vicinity of Cohasset Harbor around Sandy Beach, within the following points (NAD 83): 42°15.6′ N, 070°48.1′ W. 42°15.5′ N, 070°48.1′ W. 42°15.4′ N, 070°47.9′ W. 42°15.4′ N, 070°47.8′ W. 6.5 Hull Youth Football Carnival Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Hull Youth Football. • Date: A one-night event on the third or fourth weekend of June, as specified in the USCG District 1 Local Notice to Mariners Time: 9:00 p.m. to 11:00 p.m. • Location: All waters within a 450-foot radius of the fireworks barge located approximately 500 feet of off Nantasket Beach, Hull MA located at position 42°16.6′ N, 070°51.7′ W (NAD 83).

7.0 July

7.1 City of Lynn 4th of July Celebration Fireworks ...... • Event Type: Firework Display. • Sponsor: City of Lynn. • Date: July 3rd, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 6:00 p.m. to 11:00 p.m. • Location: All waters of Nahant Bay, within a 350-yard radius of the fireworks barge located at position 42°27.62 ′ N, 070°55.58′ W (NAD 83). 7.2 Gloucester July 4th Celebration Fireworks ...... • Event Type: Fireworks Display. • Sponsor: The Gloucester Fund. • Date: July 3rd, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 10:30 p.m. to 11:00 p.m. • Location: All waters of Gloucester Harbor, Stage Fort Park, within a 350-yard radius of the fireworks launch site on the beach located at position 42°36.3′ N, 070°40.5′ W (NAD 83). 7.3 Manchester by the Sea Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Manchester Parks and Recreation Department. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 8:30 p.m. to 10:00 p.m. • Location: All waters of Manchester Bay within a 350-yard radius of the fireworks launch site barge located at position 42°35.03′ N, 070°45.52′ W (NAD 83). 7.4 Weymouth 4th of July Celebration Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Weymouth 4th of July Committee. • Date: Friday or Saturday during the first weekend before July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:00 p.m. to 10:30 p.m. • Location: All waters of Weymouth Fore River, within a 350- yard radius of the fireworks launch site located at position 42°15.5′ N, 070°56.1′ W (NAD 83). 7.5 Beverly 4th of July Celebration Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Beverly Harbormaster. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 9:00 p.m. to 11:00 p.m. • Location: All waters of Beverly Harbor within a 350-yard radius of the fireworks launch barge located at position 42°32.62′ N, 070°52.15′ W (NAD 83). 7.6 Beverly Farms 4th of July Celebration Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Farms-Pride 4th of July Committee. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 9:00 p.m. to 9:30 p.m. • Location: All waters of Manchester Bay within a 350-yard radius of the fireworks launch site near West Beach located at position 42°33.84′ N, 070°48.5′ W (NAD 83). 7.7 Boston Pops Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Boston 4 Celebrations. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners.

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TABLE 1—Continued • Time: 8:30 p.m. to 11:00 p.m. • Location: All waters of the Charles River within a 350-yard radius of the fireworks barges located in the vicinity of position 42°21.47′ N, 071°05.03′ W (NAD 83). 7.8 City of Salem Fireworks ...... • Event Type: Fireworks Display. • Sponsor: City of Salem. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 9:00 p.m. to 10:00 p.m. • Location: All waters of Salem Harbor, within a 350-yard radius of the fireworks launch site located on Derby Wharf at position 42°31.15′ N, 070°53.13′ W (NAD 83). 7.9 Marblehead 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Marblehead. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 8:30 p.m. to 9:30 p.m. • Location: All waters of Marblehead Harbor within a 350-yard radius of the fireworks launch site located at position 42°30.34′ N, 070°50.13′ W (NAD 83). 7.10 Plymouth 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: July 4 Plymouth, Inc. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 9:00 p.m. to 10:00 p.m. • Location: All waters of Plymouth Harbor within a 350-yard radius of the fireworks launch site located at position 42°57.3′ N, 070°38.3′ W (NAD 83). 7.11 Town of Nahant Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Nahant. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 9:00 p.m. to 11:00 p.m. • Location: All waters of Nahant Harbor within a 350-yard radius of the fireworks launch site on Bailey’s Hill Park located at position 42°25.1′ N, 070°55.8′ W (NAD 83). 7.12 Town of Revere Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Revere. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 9:00 p.m. to 11:00 p.m. • Location: All waters of Broad Sound, within a 350-yard radius of the fireworks launch site located at Revere Beach at position 42°24.5′ N, 070°59.47′ W (NAD 83). 7.13 Yankee Homecoming Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Yankee Homecoming. • Date: A one-day event on Saturday during the last weekend of July or first weekend of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9:00 p.m. to 10:00 p.m. • Location: All waters of the Merrimack River, within a 350- yard radius of the fireworks launch site located at position 42°48.97′ N, 070°52.68′ W (NAD 83). 7.14 Hingham 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Hingham Lions Club. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 8:00 p.m. to 10:00 p.m. • Location: All waters within a 350-yard radius of the beach on Button Island located at position 42°15.07′ N, 070°53.03′ W (NAD 83). 7.15 Ipswich Independence Day Celebration Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Trustees of the Foundation. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 9:00 p.m. to 10:00 p.m. • Location: All waters of Ipswich Bay within a 350-yard radius of the beach located at position 42°41.43′ N, 070°46.49′ W (NAD 83). 7.16 Salisbury Maritime Festival Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Salisbury Beach Partnership, Inc. • Date: A one-day event on Saturday during the third weekend of July, as specified in the USCG District 1 Local Notice to Mariners.

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TABLE 1—Continued • Time: 10:00 p.m. to 10:30 p.m. • Location: All waters of the Atlantic Ocean near Salisbury Beach within a 350-yard radius of the fireworks launch site located at position 42°50.6′ N, 070°48.4′ W (NAD 83). 7.17 Salisbury 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Salisbury Chamber of Commerce. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 9:30 p.m. to 11:00 p.m. • Location: All waters of the Atlantic Ocean near Salisbury Beach within a 350-yard radius of the fireworks launch site located at position 42°50.6′ N, 070°48.4′ W (NAD 83). 7.18 Charles River 1-Mile Swim ...... • Event Type: Swim. • Sponsor: Charles River Swimming Club, Inc. • Date: A one-day event held on the second Sunday in July, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:00 a.m. to 9:00 a.m. Location: All waters of Charles River between the Longfellow Bridge and the Harvard Bridge within the following points (NAD 83): 42°21.7′ N, 071°04.8′ W. 42°21.7′ N, 071°04.3′ W. 42°22.2′ N, 071°07.3′ W. 42°22.1′ N, 070°07.4′ W. 7.19 Swim Across America Boston ...... • Event Type: Swim. • Sponsor: Swim Across America. • Date: A one-day event on Friday during the third week of July, as specified in the USCG District 1 Local Notice to Mariners. • Time: 7:00 a.m. to 3:00 p.m. • Location: All waters of Boston Harbor between Rowes Warf and Little Brewster Island within the following points (NAD 83): 42°21.4′ N, 071°03.0′ W. 42°21.5′ N, 071°02.9′ W. 42°19.8′ N, 070°53.6′ W. 42°19.6′ N, 070°53.4′ W. 7.20 Joppa Flats Open Water Mile ...... • Event Type: Swim. • Sponsor: Newburyport YMCA. • Date: A one-day event on Saturday during the last week of July, as specified in the USCG District 1 Local Notice to Mariners. • Time: 3:00 p.m. to 5:00 p.m. • Location: All waters of the Merrimack River located in the Joppa Flats within the following points (NAD 83): 42°48.6′ N, 070°50.9′ W. 42°48.6′ N, 070°49.4′ W. 42°48.0′ N, 070°49.4′ W. 42°48.0′ N, 070°57.0′ W. 7.21 Swim Across America Nantasket Beach ...... • Event Type: Swim. • Sponsor: Swim Across America. • Date: A one-day event on Sunday during the third week of July, as specified in the USCG District 1 Local Notice to Mariners. • Time: 7:00 a.m. to 9:30 a.m. • Location: All waters of Massachusetts Bay near Nantasket Beach within the following points (NAD 83): 42°16.7′ N, 070°51.9′ W. 42°16.9′ N, 070°51.3′ W. 42°16.3′ N, 070°50.5′ W. 42°16.1′ N, 070°51.0′ W.

8.0 August

8.1 Beverly Homecoming Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Beverly Harbormaster. • Date: A one-day event on Sunday during the first weekend of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9:00 p.m. to 11:00 p.m. • Location: All waters of Beverly Harbor within a 350-yard radius of the fireworks barge located at position 42°32.62′ N, 070°52.15′ W (NAD 83). 8.2 Celebrate Revere Fireworks ...... • Event Type: Fireworks Display.

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TABLE 1—Continued • Sponsor: Town of Revere. • Date: A one-day event on Saturday during the first weekend of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9:00 p.m. to 11:00 p.m. • Location: All waters within a 350-yard radius of the fireworks launch site located at Revere Beach at position 42°24.5′ N, 070°59.47′ W (NAD 83). 8.3 Gloucester Fisherman Triathlon ...... • Event Type: Swim. • Sponsor: Gloucester Fisherman Athletic Association. • Date: A one-day event on Sunday during the Second week of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 7:30 a.m. to 8:30 a.m. • Location: All waters of Western Harbor, within the following points (NAD 83): 42°36.6′ N, 070°40.3′ W. 42°36.5′ N, 070°40.2′ W. 42°36.4′ N, 070°40.7′ W. 42°36.5′ N, 070°40.7′ W. 8.4 Urban Epic Triathlon ...... • Event Type: Swim. • Sponsor: Tri-Maine/Urban Epic Events. • Date: A one-day event on Sunday during the second week of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 7:00 a.m. to 10:00 a.m. • Location: All waters of Dorchester Bay within the following points (NAD 83): 42°18.9′ N, 071°02.0′ W. 42°18.9′ N, 071°01.8′ W. 42°19.5′ N, 071°01.8′ W. 42°19.8′ N, 071°02.2′ W. 8.5 Celebrate the Clean Harbor Swim ...... • Event Type: Swim. • Sponsor: New England Marathon Swimming Association. • Date: A one-day event on Saturday during the third week of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9:00 a.m. to 12:00 p.m. • Location: All waters of Gloucester Harbor within the following points (NAD 83): 42°35.3′ N, 070°39.8′ W. 42°35.9′ N, 070°39.2′ W. 42°35.9′ N, 070°39.8′ W. 42°35.3′ N, 070°40.2′ W. 8.6 Boston Light Swim ...... • Event Type: Swim. • Sponsor: Boston Light Swim. • Date: A one-day event on Sunday during the second week of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:00 a.m. to 1:00 p.m. • Location: All waters of Boston Harbor between the L Street Bath House and Little Brewster Island within the following points (NAD 83): 42°19.7′ N, 071°02.2′ W. 42°19.9′ N, 071°10.7′ W. 42°19.8′ N, 070°53.6′ W. 42°19.6′ N, 070°53.4′ W. 8.7 Sharkfest Swim ...... • Event Type: Swim. • Sponsor: Enviro-Sports Productions, Inc. • Date: A one-day event on Sunday during the last week of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 10:00 a.m. to 12:00 p.m. • Location: All waters of Old Harbor from near Columbia Point to Carson Beach within the following points (NAD 83): 42°19.1′ N, 071°02.2′ W. 42°19.2′ N, 071°01.9′ W. 42°19.7′ N, 071°02.8′ W. 42°19.4′ N, 071°02.9′ W. 8.8 The Boston Triathlon ...... • Event Type: Swim. • Sponsor: Wilkinson Enterprises, Inc. • Date: A one-day event on the second or third weekend of August, as specified in the USCG District 1 Local Notice to Mariners.

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TABLE 1—Continued • Time: 7:00 a.m. to 10:00 a.m. • Location: All waters of Boston Inner Harbor, Piers Park East Boston to Columbus Park, Boston, Ma within the following points (NAD 83): 42°21.7′ N, 071°02.1′ W. 42°21.6′ N, 071°02.8′ W. 42°21.7′ N, 071°02.8′ W. 42°21.8′ N, 071°02.4′ W.

9.0 September

9.1 Gloucester Schooner Festival Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Stage Fort Park Gloucester. • Date: A one-day event on Saturday during the first weekend of September, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 7:00 p.m. to 11:00 p.m. • Location: All waters of Gloucester Harbor within a 350-yard radius of the launch site on the beach located at position 42°36.3′ N, 070°40.5′ W (NAD 83). 9.2 Plymouth Yacht Club Celebration Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Plymouth Yacht Club. • Date: A one-day event on Saturday during the first weekend of September, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 9:00 p.m. to 11:00 p.m. • Location: All waters of Plymouth Harbor within a 350-yard radius of the fireworks barge located at position 41°22.3′ N, 070°39.4′ W (NAD 83). 9.3 Somerville Riverfest Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Federal Realty Investment Trust. • Date: A one-day event on Saturday during the last weekend of September, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 7:30 p.m. to 10:00 p.m. • Location: All waters of the Mystic River within a 350-yard radius of the fireworks barge located at position 42°23.9′ N, 071°04.8′ W (NAD 83). 9.4 Mayflower Triathlon ...... • Event Type: Swim. • Sponsor: Fast Forward Race Management. • Date: A one-day event on Saturday during the first weekend of September, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 10:00 a.m. to 11:00 a.m. • Location: All waters of Plymouth Inner Harbor within the following points (NAD 83): 41°58.3′ N, 070°40.6′ W. 41°58.7′ N, 070°39.1′ W. 41°56.8′ N, 070°37.8′ W. 41°57.1′ N, 070°39.2′ W. 9.5 Plymouth Rock Triathlon ...... • Event Type: Swim. • Sponsor: Fast Forward Race Management. • Date: A one-day event on Sunday during the first weekend of September, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 7:00 a.m. to 9:30 a.m. • Location: All waters of Plymouth Inner Harbor within the following points (NAD 83): 41°58.3′ N, 070°40.6′ W. 41°58.7′ N, 070°39.1′ W. 41°56.8′ N, 070°37.8′ W. 41°57.1′ N, 070°39.2′ W. 9.6 Duxbury Beach Triathlon ...... • Event Type: Swim. • Sponsor: Duxbury Beach Triathlon. • Date: A one-day event on Saturday during the third weekend of September, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 08:30 a.m. to 09:30 a.m. • Location: All waters of Duxbury Bay on the south side of the Powder Point Bridge within the following points (NAD 83): 42°02.8′ N, 070°39.1′ W. 42°03.0′ N, 070°38.7′ W. 42°02.8′ N, 070°38.6′ W. 42°02.7′ N, 070°39.0′ W.

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TABLE 1—Continued 9.7 Boston Harbor Sharkfest Swim ...... • Event Type: Swim. • Sponsor: Enviro-Sports Productions, Inc. • Date: A one-day event on a Saturday during the second or third weekend in September, as specified in the USCG Dis- trict 1 Local Notice to Mariners. • Time: 10:00 a.m. to 1:00 p.m. • Location: All waters of Boston Inner Harbor, Piers Park East Boston to Fan Pier, South Boston, Ma within the following points (NAD 83): 42°21.7′ N, 071°02.1′ W. 42°21.8′ N, 071°02.4′ W. 42°21.3′ N, 071°02.9′ W. 42°21.3′ N, 071°02.3′ W.

10.0 October

10.1 Intercontinental Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Intercontinental Hotel. • Date: A one-day event on Sunday during the last weekend of October, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:30 p.m. to 10:30 p.m. Location: All waters of Boston Inner Harbor within a 350-yard radius of the fireworks barge located at position 42°21.2′ N, 071°03′ W (NAD 83).

12.0 December

12.1 First Night Boston Fireworks ...... • Event Type: Fireworks Display. • Sponsor: First Night, Inc. • Date: A one-day event on New Year’s Eve, as specified in the USCG District 1 Local Notice to Mariners. • Time: 11:30 p.m. to 12:30 a.m. • Location: All waters of Boston Inner Harbor within a 350- yard radius of the fireworks barge located at position 42°21.7′ N, 071°02.6′ W (NAD 83).

[USCG–2011–0109, 76 FR 69626, Nov. 9, 2011, as amended by USCG–2013–0060, 78 FR 67030, Nov. 8, 2013]

§ 165.119 Safety Zone; Captain of the cated off of the Fan Pier, South Bos- Port Boston Fireworks display ton, MA. zones, Boston Harbor, Boston, MA. (4) Pier 6 Safety Zone. All U.S. navi- (a) Boston Inner Harbor. The following gable waters of Boston inner Harbor areas are designated as safety zones: within a 700-foot radius of the fire- (1) Charlestown Safety Zone. All U.S. works barge in approximate position ° ′ ″ ° ′ ″ navigable waters of Boston inner Har- 42 21 11.9 N 071 02 1.3 W (NAD 1983), located off of Pier 6, South Boston, MA. bor within a 700-foot radius of the fireworks barge in approximate position (5) North Jetty Safety Zone. All U.S. navigable waters of Boston inner Har- 42°22′12.7″ N 071°02′53″ W (NAD 1983), lo- bor within a 700-foot radius of the fire- cated off of Pier 5 Charlestown Navy works barge in approximate position Yard. 42°21′01″ N 071°01′31.7″ W (NAD 1983), lo- (2) Long Wharf Safety Zone. All U.S. cated off of the North Jetty, South navigable waters of Boston inner Har- Boston, MA. bor within a 700-foot radius of the fire- (6) Castle Island Safety Zone. All U.S. works barge in approximate position navigable waters of Boston inner Har- ° ′ ″ ° ′ ″ 42 21 41.2 N 071 02 36.5 W (NAD 1983), bor within a 700-foot radius of the fire- located off of Long Wharf, Boston MA. works barge in approximate position (3) Fan Pier Safety Zone. All U.S. nav- 42°20′27.4″ N 071°00′28.1″ W (NAD 1983), igable waters of Boston inner Harbor located off of the Castle Island, South within a 700-foot radius of the fire- Boston, MA. works barge in approximate position (b) Notification. Coast Guard Sector 42°21′23.2″ N 071°02′26″ W (NAD 1983), lo- Boston will use all appropriate means

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to notify the public in advance of an with the instructions of the COTP or event of the enforcement of these safe- the designated on-scene representative. ty zones to include publishing a Notice Upon being hailed by a U.S. Coast of Enforcement in the FEDERAL REG- Guard vessel by siren, radio, flashing ISTER and through the local Notice to light, or other means, the operator of a Mariners and Broadcast Notice to vessel shall proceed as directed. Mariners. Fireworks barges used in (g) Vessel operators desiring to enter these locations will also have a sign on or operate within a safety zone during their port and starboard side labeled a period of enforcement shall contact ‘‘FIREWORKS—STAY AWAY’’. This the COTP or the designated on-scene sign will consist of a ten inch high by representative via VHF channel 16 or one and half inch wide red lettering on 617–223–5757 (Sector Boston Command a white background. Center) to obtain permission. (c) Enforcement period. The Coast Guard anticipates that these safety [USCG–2013–0503, 79 FR 26848, May 12, 2014] zones will be enforced between 6:00 p.m. (e.s.t.) and 1:00 a.m. (e.s.t.). The exact § 165.120 Security Zone, John Joseph Moakley United States Courthouse, dates and times will be published as de- Boston, MA. scribed in paragraph (b) of this section. (d) Definitions. For purposes of this (a) Location. This security zone en- section ‘‘Designated representative’’ is compasses all U.S. navigable waters, any Coast Guard commissioned, war- from surface to bottom, within five rant, or petty officer who has been des- hundred (500) yards of the John Joseph ignated by the Captain of the Port Bos- Moakley United States Courthouse ton (COTP) to act on the COTP’s be- (Moakley Courthouse) in Boston, MA, half. The designated representative and following any natural waterside may be on an Official Patrol Vessel; Of- seawall configuration. ficial Patrol Vessel may consist of any (b) Regulations. While this security Coast Guard, Coast Guard Auxiliary, zone is being enforced, the following state, or local law enforcement vessels regulations, along with those con- assigned or approved by the COTP or tained in 33 CFR 165.33, apply: the designated representative may be (1) No person or vessel may enter or on shore and will communicate with remain in this security zone without vessels via VHF–FM radio or the permission of the Captain of the loudhailer. In addition, members of the Port (COTP), Sector Boston. However, Coast Guard Auxiliary may be present the COTP hereby grants vessels per- to inform vessel operators of this regu- mission to enter this security zone as lation. long as such vessels proceed through (e) No vessels, except for fireworks the area with caution and operate at a barges and accompanying vessels, will speed no faster than that speed nec- be allowed to enter into, transit essary to maintain a safe course, un- through, or anchor within one of the less otherwise required by the Naviga- aforementioned safety zones during an tion Rules as published in 33 CFR part enforcement period without the per- 83 and remain beyond one hundred (100) mission of the COTP or the designated yards of the Moakley Courthouse in representative. Boston, MA, following any natural wa- (f) All persons and vessels permitted terside seawall configuration enclosed to enter one of these safety zones dur- by a line connecting the following ing an enforcement period shall comply points:

Latitude Longitude

42°21′15″ N ...... 71°02′54″ W.; Bounded by the curvature of the seawall, thence to 42°21′18″ N ...... 71°02′43″ W.; thence to 42°21′20″ N ...... 71°02′40″ W.; Bounded by 100 yards off the curvature of the seawall, thence to 42°21′16″ N ...... 71°02′57″ W.; thence to point of origin.

(2) Although vessels have permission curity zone under the conditions men- to enter the five hundred (500) yards se- tioned in the preceding paragraph, no

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person or vessel may come within one § 165.121 Safety and Security Zones: hundred (100) yards of the Moakley High Interest Vessels, Narragansett Courthouse under any conditions un- Bay, Rhode Island. less given express permission from the (a) Location. (1) All waters of Rhode COTP or the COTP’s designated rep- Island Sound within a 1⁄2 mile radius of resentatives. any high interest vessel while the ves- (3) Any person or vessel permitted to sel is anchored within 1⁄2 mile of the enter the security zone shall comply point Latitude 41°25′ N, Longitude 71°23′ with the directions and orders of the W in the Narragansett Bay Pre- COTP or the COTP’s representatives. cautionary Area. Upon being hailed by siren, radio, (2) All waters of Rhode Island Sound, flashing lights, or other means, the op- Narragansett Bay, the Providence and erator of a vessel within the zone shall Taunton Rivers 2 miles ahead and 1 proceed as directed. Any person or ves- mile astern, and extending 1000 yards sel within the security zone shall exit on either side of any high interest ves- the zone when directed by the COTP or sel transiting Narragansett Bay, or the the COTP’s representatives. Providence and Taunton Rivers. (4) To obtain permissions required by (3) All waters and land within a 1000- this regulation, individuals may reach yard radius of any high interest vessel the COTP or a COTP representative via moored at a waterfront facility in the VHF channel 16 or 617–223–5757 (Sector Providence Captain of the Port zone. Boston Command Center) to obtain (b) High interest vessels defined. For permission. purposes of this section, high interest (5) Penalties. Those who violate this vessels operating in the Providence section are subject to the penalties set Captain of the Port zone include the forth in 33 U.S.C. 1232 and 50 U.S.C. 192. following: barges or ships carrying liq- (c) Effective and enforcement period. uefied petroleum gas (LPG), liquefied This security zone is in effect perma- natural gas (LNG), chlorine, anhydrous nently but will only be enforced when ammonia, or any other cargo deemed deemed necessary by the COTP. Any- to be high interest by the Captain of one, including members of federal, the Port, Providence. state or local law enforcement agen- (c) Regulations. (1) Entry into or cies, may request that this security movement within these zones, includ- zone be enforced. ing below the surface of the water, dur- (d) Notification. The COTP will notify ing times in which high interest vessels the public of the enforcement of this are present and the zones are enforced security zone by publishing a Notice of is prohibited unless authorized by the Enforcement (NOE) in the FEDERAL COTP Providence or authorized rep- REGISTER and via the other means list- resentative. ed in 33 CFR 165.7. Such notifications (2) The general regulations covering will include the date and times of en- safety and security zones in §§ 165.23 forcement, along with any pre-deter- and 165.33, respectively, of this part mined conditions of entry. apply. (e) COTP representative. The COTP’s (3) All persons and vessels shall com- representative may be any Coast Guard ply with the instructions of the COTP, commissioned, warrant, or petty offi- and the designated on-scene U.S. Coast cer or any Federal, state, or local law Guard personnel. On-scene Coast Guard enforcement officer who has been des- patrol personnel include commissioned, ignated by the COTP to act on the warrant, and petty officers of the Coast COTP’s behalf. The COTP’s representa- Guard on board Coast Guard, Coast tive may be on a Coast Guard vessel, a Guard Auxiliary, local, state, and fed- Coast Guard Auxiliary vessel, federal, eral law enforcement vessels. state or local law enforcement or safety vessel, or a location on shore. [CGD01–02–065, 67 FR 56224, Sept. 3, 2002, as amended by USCG–2013–0060, 78 FR 67030, [USCG–2014–0246, 81 FR 10501, Mar. 1, 2016] Nov. 8, 2013]

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§ 165.122 Regulated Navigation Area: calls on VHF channels 13 and 16 at the Navigable waters within Narragan- following geographic locations: sett Bay and the Providence River, (i) One-half hour prior to departure Rhode Island. from the berth; (a) Description of the regulated naviga- (ii) At departure from the berth; tion area (RNA). The Regulated Naviga- (iii) Abeam of Sabin Point; tion Area (RNA) encompasses all of the (iv) Abeam of Gaspee Point; and navigable waters of Narragansett Bay (v) Abeam of position 41°43′01.4″ N; north of the COLREGS demarcation 071°20′41.7″ W (Conimicut Light (LLNR line and west of the Mt. Hope Bridge, 18305)). and all of the navigable waters of the (5) Vessels over 65 feet in length out- Providence River from Conimicut bound for sea down from Mount Hope Point to the Providence hurricane barrier. Bay through Narragansett Bay are re- (b) Regulations. (1) All commercial quired to make SECURITE calls on vessels must: VHF channels 13 and 16 at the fol- (i) Maintain a minimum 10% of the lowing geographic locations: vessel’s draft as an under-keel clear- (i) One-half hour prior to departure ance when not assisted by tugs, or from the berth; when not moored at an assigned berth. (ii) At departure from the berth; and Under-keel clearance is the minimum (iii) At position 41°39′32.4″ N;071°14′ clearance available between the deep- 02.6″ W (Mount Hope Bay Junction est point on the vessel and the bottom Lighted Gong Buoy ‘‘MH’’ (LLNR of the waterway, in calm water. 18790)). (ii) Have at least one mile of visi- (6) Vessels 65 feet and under in bility to transit the Providence River length, and all recreational vessels, between 41°43′01.4″ N; 071°20′41.7″ W when meeting deep draft commercial (Conimicut Light (LLNR 18305)) and vessel traffic in all locations within 41°47′38.8″ N; 071°22′46.7″ W (Channel this RNA shall keep out of the way of Light 42 (LLNR 18580)). the oncoming deep draft commercial (2) Vessels over 65 feet in length in- vessel. Nothing in this regulation, how- bound for berths in the Providence ever, relieves a vessel of any duty pre- River are required to make Safety Sig- scribed in the Inland Navigation Rules nal (SECURITE) calls on both VHF (33 CFR subchapter E). channels 13 and 16 at the following geo- (7) The Captain of the Port (COTP) graphic locations: Southeastern New England may au- (i) Pilot Boarding Area; thorize a deviation from these regula- (ii) Abeam of Castle Hill; tions. Parties wishing to request a de- (iii) Abeam of Sandy Point; viation must do so in advance by con- (iv) Abeam of 41°43′01.4″ N; 071°20′41.7″ tacting the COTP Southeastern New W (Conimicut Light (LLNR 18305)); England, at 508–457–3211, or via VHF (v) Abeam of Sabin Point; and Channel 13 (156.7 MHz), or VHF channel (vi) Upon mooring. (3) Vessels over 65 feet in length in- 16 (156.8 MHz). Any person or vessel re- bound for berths in Mount Hope Bay or ceiving permission from the COTP to in the Taunton River are required to deviate from these regulations must make SECURITE calls on both VHF comply with any specific instructions channels 13 and 16 at the following geo- provided by the COTP. graphic locations: (c) Enforcement. Violations of this (i) Pilot Boarding Area; RNA should be reported to the COTP (ii) Abeam of Castle Hill; Southeastern New England at 508–457– (iii) Abeam of Sandy Point; and 3211. Persons found in violation of (iv) At position 41°39′32.4″ N;071°14′ these regulations may be subject to 02.6″ W (Mount Hope Bay Junction civil or criminal penalties as provided Lighted Gong Buoy ‘‘MH’’ (LLNR for in 33 U.S.C. 1232. 18790)). [USCG–2009–0143, 75 FR 15347, Mar. 29, 2010, as (4) Vessels over 65 feet in length out- amended by USCG–2014–0410, 79 FR 38442, bound for sea down the Providence July 7, 2014; USCG–2015–0433, 80 FR 44283, River Channel shall make SECURITE July 27, 2015]

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§ 165.123 Cruise Ships, Sector South- zones created by this section unless eastern New England Captain of granted permission to do so by the the Port (COTP) Zone. COTP Southeastern New England or (a) Location. The following areas are the designated representative. security zones: All navigable waters (2) All persons and vessels granted within the Southeastern New England permission to enter a security zone Captain of the Port (COTP) Zone, ex- must comply with the instructions of tending from the surface to the sea the COTP or the designated representa- floor: tive. Emergency response vessels are (1) Within a 200-yard radius of any authorized to move within the zone, cruise ship that is underway and is but must abide by the restrictions im- under escort of U.S. Coast Guard law posed by the COTP or the designated enforcement personnel or designated representative. representative, or (3) No person may swim upon or (2) Within a 100-yard radius of any below the surface of the water within cruise ship that is anchored, at any the boundaries of these security zones berth or moored. unless previously authorized by the (b) Definitions. For the purposes of COTP or his designated representative. this section— (4) Upon being hailed by a U.S. Coast Cruise ship means a passenger vessel Guard vessel or the designated rep- as defined in 46 U.S.C. 2101(22), that is resentative, by siren, radio, flashing authorized to carry more than 400 pas- light or other means, the operator of sengers and is 200 or more feet in the vessel shall proceed as directed. length. A cruise ship under this section (5) Vessel operators desiring to enter will also include ferries as defined in 46 or operate within the security zone CFR 2.10–25 that are authorized to shall contact the COTP or the des- carry more than 400 passengers and are ignated representative via VHF chan- 200 feet or more in length. nel 16 or 508–457–3211 (Sector South- Designated representative means any eastern New England command center) Coast Guard commissioned, warrant, or to obtain permission to do so. petty officer who has been designated [USCG–2010–0803, 76 FR 41075, July 13, 2011] by the COTP to act on the COTP’s behalf. The designated representative § 165.125 Regulated Navigation Area; may be on a Coast Guard vessel, or on- EPA Superfund Site, New Bedford board Federal, state, or a local agency Harbor, Massachusetts. vessel that is authorized to act in sup- (a) Location. The regulated naviga- port of the Coast Guard. tion area encompasses all waters Southeastern New England COTP Zone bounded by a line beginning at is as defined in 33 CFR 3.05–20. 41°37′22.5″ N, 070°54′34.1″ W; thence to (c) Enforcement. The security zones 41°37′14.4″ N, 070°54′19.6″ W; thence to described in this section will be acti- 41°36′58.5″ N, 070°54′08.1″ W; thence to vated and enforced upon entry of any 41°36′45.0″ N, 070°54′26.9″ W; thence along cruise ship into the navigable waters of the shoreline and south side of the hur- the United States (see 33 CFR 2.36(a) to ricane barrier to the beginning point. include the 12 NM territorial sea) in (b) Regulations. (1) All vessels and the Southeastern New England COTP persons are prohibited from activities zone. This zone will remain activated that would disturb the seabed within at all times while a cruise ship is with- the regulated navigation area, includ- in the navigable waters of the United ing but not limited to anchoring, drag- States in the Sector Southeastern New ging, trawling, and spudding. Vessels England COTP Zone. In addition, the may otherwise transit or navigate Coast Guard may broadcast the area within this area without reservation. designated as a security zone for the (2) The prohibition described in para- duration of the enforcement period via graph (b)(1) of this section shall not Broadcast Notice to Mariners. apply to vessels or persons engaged in (d) Regulations. (1) In accordance with activities associated with remediation the general regulations in 33 CFR part efforts in the New Bedford Harbor 165, subpart D, no person or vessel may Superfund Site, provided that the enter or move within the security Coast Guard Captain of the Port

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(COTP) Southeastern New England, is the Terminal Channel, is approaching given advance notice of those activities or leaving the Naval Ammunition by the U.S. Environmental Protection Depot Piers at Leonardo, New Jersey. Agency (EPA). (3) Vessels may enter or cross the se- (c) Waivers. The Captain of the Port curity zone, except as provided in para- (COTP) Southeastern New England graph (c)(2) of this section. may, in consultation with the U.S. (4) No person may swim in the secu- EPA, authorize a waiver from this sec- rity zone. tion if he or she determines that the [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- proposed activity can be performed designated by CGD 81–017, 46 FR 28154, May without undue risk to environmental 26, 1981, and CGD 87–008b, 52 FR 25218, July 6, remediation efforts. Requests for waiv- 1987; USCG–2007–0074, 74 FR 7191, Feb. 13, ers should be submitted in writing to 2009] Commander, U.S. Coast Guard Sector Southeastern New England, 1 Little § 165.141 Safety Zone: Sunken vessel Harbor Road, Woods Hole, MA, 02543, EMPIRE KNIGHT, Boon Island, ME. with a copy to the U.S. Environmental (a) Location. The following area is a Protection Agency, Region 1, New Bed- safety zone: All waters of the Atlantic ford Harbor Remedial Project Manager, Ocean within a 1,000 yard radius of the 5 Post Office Square, Suite 100 stern section of the sunken vessel EM- (OSRR07), Boston, MA 02109, to facili- PIRE KNIGHT, in approximate posi- tate review by the EPA and U.S. Coast tion 43°06′19″ N, 70°27′09″ W, (NAD 1983) Guard. and extending from the water’s surface to the seabed floor. [USCG–2010–1119, 76 FR 35744, June 20, 2011] (b) Effective date. This section is ef- § 165.130 Sandy Hook Bay, New Jer- fective on August 23, 1996, twenty-four sey—security zone. hours a day, seven days a week. (c) (1) The general regu- (a) Naval Ammunition Depot Piers. The Regulations. navigable waters within the following lations contained in 33 CFR 165.23 boundaries are a security zone: A line apply. beginning on the shore at 40°25′55.6″ N, (2) All vessels and persons are prohib- 074°04′31.4″ W; thence to 40°26′54.0″ N, ited from anchoring, diving, dredging, 074°03′53.0″ W; thence to 40°26′58.0″ N, dumping, fishing, trawling, laying 074°04′03.0″ W; thence to 40°27′56.0″ N, cable, or conducting salvage operations 074°03′24.0″ W; thence to 40°27′28.5″ N, in this zone except as authorized by the 074°02′10.4″ W; thence to 40°26′29.5″ N, Coast Guard Captain of the Port, Port- 074°02′51.2″ W; thence to 40°26′31.4″ N, land, Maine. Innocent transit through 074°02′55.4″ W; thence to 40°25′27.1″ N, the area within the safety zone is not 074°03′39.7″ W; thence northwest along affected by this regulation and does the shoreline to the beginning point. not require the authorization of the (b) Terminal Channel. The waters Captain of the Port. within the following boundaries are a (3) All persons and vessels shall com- security zone—A line beginning at ply with the instructions of the COTP 40°27′41.2″ N, 74°02′46″ W; then to 40°28′27″ or the designated on scene patrol per- N, 74°02′17.2″ W; then to 40°28′21.1″ N, sonnel. U.S. Coast Guard patrol per- 74°02′00″ W; then to 40°28′07.8″ N, sonnel include commissioned, warrant, 74°02′22″ W; then to 40°27′39.8″ N, and petty officers of the Coast Guard. 74°02′41.4″ W; then to the beginning. Upon being hailed by a U.S. Coast (c) The following rules apply to the Guard vessel via siren, radio, flashing security zone established in paragraph light, or other means, the operator of a (b) of this section (Terminal Channel) vessel shall proceed as directed. instead of the rule in § 165.33(a): [CGD 01–95–141, 61 FR 60032, Nov. 26, 1996] (1) No vessel shall anchor, stop, remain or drift without power at any- § 165.150 New Haven Harbor, time in the security zone. Quinnipiac River, Mill River. (2) No vessel shall enter, cross, or (a) Boundaries. The following is a reg- otherwise navigate in the security zone ulated navigation area: The waters sur- when a public vessel, or any other ves- rounding the Tomlinson Bridge and sel, that cannot safely navigate outside Pearl Harbor Memorial Bridge (I–95

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Bridge) located within a line extending an authorization to deviate from any from a point A at 41°17′50.35″ N, regulation in paragraph (b) of this sec- 072°54′34.37″ W (the southeast corner of tion if the COTP determines that an al- the Magellan Pink Tanks Terminal ternate operation can be done safely. dock) thence along a line 126°T to point (9) The COTP may temporarily close B at 41°17′42.35″ N, 072°54′19.37″ W (the the RNA for any situation the COTP southwest corner of the Gulf facility) determines would create an imminent thence north along the shoreline to hazard to waterway users in the RNA. point C at 41°17′57.35″ N, 072°54′04.37″ W Entry into the RNA during temporary (the northwest corner of the R & H Ter- closure is prohibited unless authorized minal dock) thence along a line 303°T by the COTP or the COTP’s designated ° ′ ″ ° ′ ″ to point D at 41 18 05.35 N, 072 54 21.37 representative. The COTP or des- W (the west bank of the mouth of the ignated representative may order the Mill River) thence south along the removal of any vessel or equipment shoreline to point of origin. All coordi- within the RNA. To assure wide ad- nates are North American Datum 1983. vance notice of each closure among af- (b) Regulations. (1) No person may op- fected mariners, the COTP may use erate a vessel or tow a barge in this means including, but not limited to, Regulated Navigation Area in violation Broadcast Notice to Mariners and of these regulations. Local Notice to Mariners. The COTP (2) Applicability. The regulations will announce the dates and times of apply to barges with a freeboard great- the closure and whether exceptions will er than ten feet and to any vessel tow- be authorized for emergency or other ing or pushing these barges on out- specific vessel traffic. bound transits of the Tomlinson Bridge. [CGD 79–034, 47 FR 29660, July 8, 1982, as (3) Regulated barges may not transit amended by CGD 80–069, 47 FR 53368, Nov. 26, the bridge— 1982. Redesignated by CGD 87–008b, 52 FR (i) During the period from one hour 25218, July 6, 1987, as amended by USCG–2012– to five hours after high water slack, 0343, 77 FR 67565, Nov. 13, 2012] (ii) When the wind speed at the bridge is greater than twenty knots, § 165.151 Safety Zones; Fireworks Dis- plays, Air Shows and Swim Events and in the Captain of the Port Long Is- (iii) With the barge being towed on a land Sound Zone. hawser, stern first. (4) Regulated barges with a beam (a) Regulations. (1) The general regu- greater than fifty feet must be pushed lations contained in 33 CFR 165.23 as ahead through the bridge. well as the following regulations apply (5) If the tug operator does not have to the fireworks displays, air shows, a clear view over the barge when push- and swim events listed in Tables 1 and ing ahead, the operator shall post a 2 to § 165.151. lookout on the barge with a means of (2) These regulations will be enforced communication with the operator. for the duration of each event. Notifi- (6) Regulated barges departing the cations will be made to the local mari- Mill River may transit the bridge only time community through all appro- between sunrise and sunset. Barges priate means such as Local Notice to must be pushed ahead of the tug, bow Mariners or Broadcast Notice to Mari- first, with a second tug standing by to ners well in advance of the events. If assist at the bow. the event does not have a date listed, (7) Nothing in this section is intended then exact dates and times of the en- to relieve any person from complying forcement period will be announced with: through a Notice of Enforcement in the (i) Applicable Navigation and Pilot FEDERAL REGISTER. Mariners should Rules for Inland Waters; consult the FEDERAL REGISTER or their (ii) Any other laws or regulations; Local Notice to Mariners to remain ap- (iii) Any order or direction of the prised of schedule or event changes. Captain of the Port. First Coast Guard District Local No- (8) The Captain of the Port Sector tice to Mariners can be found at http:// Long Island Sound (COTP) may issue www.navcen.uscg.gov/.

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(3) Although listed in the Code of (d) Spectators or other vessels shall Federal Regulations, sponsors of events not anchor, block, loiter, or impede the listed in Tables 1 and 2 to § 165.151 are transit of event participants or official still required to submit marine event patrol vessels in the regulated areas applications in accordance with 33 CFR during the effective dates and times, or 100.15. Each application must: dates and times as modified through (i) Be submitted no less than 60 days the Local Notice to Mariners, unless before the date of the proposed event. authorized by COTP or designated rep- (ii) If the proposed event does not resentative. have a specified date the sponsor shall (e) Upon being hailed by a U.S. Coast hold the event during the month it is Guard vessel or the designated rep- listed in Tables 1 or 2 to § 165.151. resentative, by siren, radio, flashing (iii) For those proposed events listed light or other means, the operator of in Table 1 to § 165.151 to be held during the vessel shall proceed as directed. the month of July, the event may take Failure to comply with a lawful direc- place during the final seven days of tion may result in expulsion from the June. area, citation for failure to comply, or (iv) Any proposed event not being both. held on the specified date or within the (f) The COTP or designated rep- month listed in Tables 1 or 2 to § 165.151 resentative may delay or terminate shall be considered a new marine event any marine event in this subpart at and the sponsor shall submit a new ma- any time it is deemed necessary to en- rine event application in accordance sure the safety of life or property. with 33 CFR 100.15 no less than 135 days (g) The regulated area for all fire- before the start of the event. works displays listed in Table 1 to (b) Definitions. The following defini- § 165.151 is that area of navigable tions apply to this section: waters within a 1000 foot radius of the (1) Designated representative. A ‘‘des- launch platform or launch site for each ignated representative’’ is any Coast fireworks display, unless otherwise Guard commissioned, warrant or petty noted in Table 1 to § 165.151 or modified officer of the U.S. Coast Guard who has in USCG First District Local Notice to been designated by the Captain of the Mariners at: http://www.navcen.uscg.gov/ Port (COTP), Sector Long Island Sound . (LIS), to act on his or her behalf. The (h) The regulated area for all air designated representative may be on an shows is the entire geographic area de- official patrol vessel or may be on scribed as the location for that show shore and will communicate with ves- unless otherwise noted in Table 1 to sels via VHF–FM radio or loudhailer. § 165.151 or modified in USCG First Dis- In addition, members of the Coast trict Local Notice to Mariners at: Guard Auxiliary may be present to in- http://www.navcen.uscg.gov/. form vessel operators of this regula- (i) Fireworks barges used in these lo- tion. cations will also have a sign on their (2) Official patrol vessels. Official pa- port and starboard side labeled ‘‘FIRE- trol vessels may consist of any Coast WORKS—STAY AWAY’’. This sign will Guard, Coast Guard Auxiliary, state, or consist of 10 inch high by 1.5 inch wide local law enforcement vessels assigned red lettering on a white background. or approved by the COTP. Shore sites used in these locations will (3) Spectators. All persons and vessels display a sign labeled ‘‘FIREWORKS— not registered with the event sponsor STAY AWAY’’ with the same dimen- as participants or official patrol ves- sions. These zones will be enforced sels. from 8:30 p.m. to 10:30 p.m. each day a (c) Vessel operators desiring to enter barge with a ‘‘FIREWORKS—STAY or operate within the regulated areas AWAY’’ sign on the port and starboard should contact the COTP at 203–468– side is on-scene or a ‘‘FIREWORKS— 4401 (Sector LIS command center) or STAY AWAY’’ sign is posted in a loca- the designated representative via VHF tion listed in Table 1 to § 165.151. channel 16 to obtain permission to do (j) For all swim events listed in Table so. 2 to § 165.151, vessels not associated

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with the event shall maintain a separation of at least 100 yards from the participants.

TABLE 1 TO § 165.151

2 February

2.1 Sag Harbor COC Winter Harbor Frost Fireworks ...... Date: A day during the first or second weekend of February from 6:15 p.m. until 6:45 p.m. Location: Waters of Sag Harbor off Long Wharf St. Pier, Sag Harbor, NY in approximate position 41°00′16.82″ N., 072°17′43.78″ W. (NAD 83).

4 April

4.1 Bridgeport Bluefish April Fireworks ...... • Location: Waters of the Pequannock River’s Lower Reach surrounding Steel Point, Bridgeport, CT in approximate position 41°10′35″ N., 073°10′58″ W. (NAD 83).

5 May

5.1 Jones Beach Air Show ...... • Date: The Thursday through Sunday before Memorial Day each May from 9:30 a.m. until 3:30 p.m. each day. • Location: Waters of the Atlantic Ocean off Jones Beach State Park, Wantagh, NY contained within the following described area; beginning in approximate position 40°34′54’’ N., 073°33′21’’ W., then running east along the shoreline of Jones Beach State Park to approximate position 40°35′53’’ N., 073°28′47’’ W.; then running south to a position in the At- lantic Ocean off of Jones Beach at approximate position 40°35′05’’ N., 073°28′34’’ W.; then running West to approximate position 40°33′15’’ N., 073°33′09’’ W.; then running North to the point of origin.

5.2 Greenport Spring Fireworks ...... • Date: A day during the last week of May or first week of June. • Location: Waters of Greenport Harbor off Mitchell Park and Marina, Greenport, NY in approximate position 41°05′59.09″ N., 072°21′31.44″ W. (NAD 83).

6 June

6.1 Barnum Festival Fireworks ...... • Date: Last Saturday in June. • Rain date: Following Saturday. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Bridgeport Harbor, Bridgeport, CT in approximate position 41°9′04″ N., 073°12′49″ W. (NAD 83).

6.2 Town of Branford Fireworks ...... • Location: Waters of Branford Harbor, Branford, CT in approximate position, 41°15′30″ N., 072°49′22″ W. (NAD 83).

6.3 Vietnam Veterans/Town of East Haven Fireworks ...... • Location: Waters off Cosey Beach, East Haven, CT in approximate position, 41°14′19″ N., 072°52′9.8″ W. (NAD 83).

6.4 Salute to Veterans Fireworks ...... • Date: The third Saturday of June. • Rain date: The fourth Saturday of June. • Location: Waters of Reynolds Channel off Hempstead, NY in approximate position 40°35′36.62″ N., 073°35′20.72″ W. (NAD 83).

6.5 Cherry Grove Arts Project Fireworks ...... • Date: A single day during the first two weeks of June. • Location: Waters of the Great South Bay off Cherry Grove, NY in approximate position 40°39′49.06″ N., 073°05′27.99″ W. (NAD 83).

6.6 Bridgeport Bluefish June Fireworks ...... • Location: Waters of the Pequannock River’s Lower Reach surrounding Steel Point, Bridgeport, CT in approximate position 41°10′35″ N., 073°10′58″ W. (NAD 83).

7 July

7.1 Point O’Woods Fire Company Summer Fireworks ...... • Location: Waters of the Great South Bay, Point O’Woods, NY in approximate position 40°39′18.57″ N., 073°08′5.73″ W. (NAD 83).

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TABLE 1 TO § 165.151—Continued 7.2 Cancer Center for Kids Fireworks ...... • Location: Waters off of Bayville, NY in approximate position 40°54′38.20″ N., 073°34′56.88″ W. (NAD 83).

7.3 City of Westbrook, CT July Celebration Fireworks ...... • Location: Waters of Westbrook Harbor, Westbrook, CT in approximate position, 41°16′10.50″ N., 072°26′14″ W. (NAD 83).

7.4 Norwalk Fireworks ...... • Location: Waters off Calf Pasture Beach, Norwalk, CT in approximate position, 41°04′50″ N., 073°23′22″ W. (NAD 83).

7.5 Lawrence Beach Club Fireworks ...... • Location: Waters of the Atlantic Ocean off Lawrence Beach Club, Atlantic Beach, NY in approximate position 40°34′42.65″ N., 073°42′56.02″ W. (NAD 83).

7.6 Sag Harbor Fireworks ...... • Location: Waters of Sag Harbor Bay off Havens Beach, Sag Harbor, NY in approximate position 41°00′26″ N., 072°17′9″ W. (NAD 83).

7.7 South Hampton Fresh Air Home Fireworks ...... • Location: Waters of Shinnecock Bay, Southampton, NY in approximate position, 40°51′48″ N., 072°26′30″ W. (NAD 83).

7.8 Westport Police Athletic League Fireworks ...... • Location: Waters off Compo Beach, Westport, CT in approximate position, 41°06′15″ N., 073°20′57″ W. (NAD 83).

7.9 City of Middletown Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of the Connecticut River, Middletown Har- bor, Middletown, CT in approximate position 41°33′44.47″ N., 072°38′37.88″ W. (NAD 83).

7.10 City of New Haven Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of New Haven Harbor, off Long Warf Park, New Haven, CT in approximate position 41°17′24″ N., 072°54′55.8″ W. (NAD 83).

7.11 City of Norwich July Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of the Thames River, Norwich, CT in approximate position, 41°31′16.835″ N., 072°04′43.327″ W. (NAD 83).

7.12 City of Stamford Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Fisher’s Westcott Cove, Stamford, CT in approximate position 41°02′09.56″ N., 073°30′57.76″ W. (NAD 83).

7.13 City of West Haven Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of New Haven Harbor, off Bradley Point, West Haven, CT in approximate position 41°15′07″ N., 072°57′26″ W. (NAD 83).

7.14 CDM Chamber of Commerce Annual Music Fest Fire- • Date: July 4. works. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters off Cedar Beach Town Park, Mount Sinai, NY in approximate position 40°57′59.58″ N., 073°01′57.87″ W. (NAD 83).

7.15 Davis Park Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of the Great South Bay, Davis Park, NY in approximate position, 40°41′17″ N., 073°00′20″ W. (NAD 83).

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TABLE 1 TO § 165.151—Continued 7.16 Fairfield Aerial Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Jennings Beach, Fairfield, CT in approximate position 41°08′22″ N., 073°14′02″ W. (NAD 83).

7.17 Fund in the Sun Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of the Great South Bay off The Pines, East Fire Island, NY in approximate position 40°40′07.43″ N., 073°04′13.88″ W. (NAD 83).

7.18 Independence Day Celebration Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters off Umbrella Beach, Montauk, NY in approximate position 41°01′44″ N., 071°57′13″ W. (NAD 83).

7.19 Jones Beach State Park Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters off Jones Beach State Park, Wantagh, NY in approximate position 40°34′56.676″ N., 073°30′31.186″ W. (NAD 83).

7.20 Madison Cultural Arts Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Long Island Sound off Madison, CT in approximate position 41°16′10″ N., 072°36′30″ W. (NAD 83).

7.21 Mason’s Island Yacht Club Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Fisher’s Island Sound, Noank, CT in approximate position 41°19′30.61″ N., 071°57′48.22″ W. (NAD 83).

7.22 Patchogue Chamber of Commerce Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of the Great South Bay, Patchogue, NY in approximate position, 40°44′38″ N., 073°00′33″ W. (NAD 83).

7.23 Riverfest Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of the Connecticut River, Hartford, CT in approximate positions, 41°45′39.93″ N., 072°39′49.14″ W. (NAD 83).

7.24 Village of Asharoken Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Northport Bay, Asharoken, NY in approximate position, 41°55′54.04″ N., 073°21′27.97″ W. (NAD 83).

7.25 Village of Port Jefferson Fourth of July Celebration Fire- • Date: July 4. works. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Port Jefferson Harbor, Port Jefferson, NY in approximate position 40°57′10.11″ N., 073°04′28.01″ W. (NAD 83).

7.26 Village of Quoque Foundering Anniversary Fireworks ..... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Quantuck Bay, Quoque, NY in approximate position 40°48′42.99″ N., 072°37′20.20″ W. (NAD 83).

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TABLE 1 TO § 165.151—Continued 7.27 City of Long Beach Fireworks ...... • Location: Waters off Riverside Blvd., City of Long Beach, NY in approximate position 40°34′38.77″ N., 073°39′41.32″ W. (NAD 83).

7.28 Great South Bay Music Festival Fireworks ...... • Location: Waters of Great South Bay, off Bay Avenue, Patchogue, NY in approximate position 40°44′45″ N., 073°00′25″ W. (NAD 83).

7.29 Mashantucket Pequot Fireworks ...... • Location: Waters of the Thames River, New London, CT in approximate positions Barge 1, 41°21′03.03″ N., 072°5′24.5″ W. Barge 2, 41°20′51.75″ N., 072°5′18.90″ W. (NAD 83).

7.30 Shelter Island Fireworks ...... • Location: Waters of Gardiner Bay, Shelter Island, NY in approximate position 41°04′39.11″ N, 072°22′01.07″ W (NAD 83).

7.31 Clam Shell Foundation Fireworks ...... • Location: Waters of Three Mile Harbor, East Hampton, NY in approximate position 41°1′15.49″ N., 072°11′27.50″ W. (NAD 83).

7.32 Town of North Hempstead Bar Beach Fireworks ...... • Location: Waters of Hempstead Harbor, North Hempstead, NY in approximate position 40°49′54″ N., 073°39′14″ W. (NAD 83).

7.33 Groton Long Point Yacht Club Fireworks ...... • Location: Waters of Long Island Sound, Groton, CT in approximate position 41°18′05″ N., 072°02′08″ W. (NAD 83).

7.34 Devon Yacht Club Fireworks ...... • Date: A day during the first week of July. • Location: Waters of Napeague Bay, in Block Island Sound off Amagansett, NY in approximate position 40°59′41.40″ N., 072°06′08.70″ W. (NAD 83).

7.35 Dolan Family Fourth Fireworks ...... • Date: July 4. • Rain date: July 5. • Location: Waters of Oyster Bay Harbor in Long Island Sound off Oyster Bay, NY in approximate position 40°53′42.50″ N., 073°30′04.30″ W. (NAD 83).

7.36 Friar’s Head Golf Club Fireworks ...... • Date: A day during the first two weeks of July. • Location: Waters of Long Island Sound off Baiting Hollow, NY in approximate position, 40°58′19.53″ N., 072°43′45.65″ W. (NAD 83).

7.37 Islip Fireworks ...... • Date: July 4. • Rain date: July 5. • Location: Waters of the Great South Bay off Bay Shore Manor Park, Islip, NY in approximate position 40°42′24″ N., 073°14′24″ W. (NAD 83).

7.38 Madison Fireworks ...... • Date: July 4. • Rain date: The Saturday following July 4. • Location: Waters of Long Island Sound off Madison Beach, Madison, CT in approximate position 41°16′03.93″ N., 072°36′15.97″ W. (NAD 83).

7.39 Stratford Fireworks ...... • Date: July 3. • Rain date: July 5. • Location: Waters of Long Island Sound surrounding Short Beach Park, Stratford, CT in approximate position 41°09′50.82″ N., 073°06′47.13″ W. (NAD 83).

7.40 Rowayton Fireworks ...... • Date: July 4. • Rain date: July 5. • Location: Waters of Long Island Sound south of Bayley Beach Park, Rowayton, CT in approximate position 41°03′11″ N., 073°26′41″ W. (NAD 83).

7.41 Niantic Bay Fireworks ...... • Date: A day during the first three weeks of July. • Location: Waters of Niantic Bay 1,500 feet west of the Niantic River Railroad Bridge, Niantic, CT in approximate position 41°19′22.59″ N., 072°11′03.47″ W. (NAD 83).

7.42 Connetquot River Summer Fireworks ...... • Date: A day during the first week of July.

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TABLE 1 TO § 165.151—Continued • Location: Waters of the Connetquot River off Snapper Inn Restaurant, Oakdale, NY in approximate position 40°43′32.38″ N., 073°9′02.64″ W. (NAD 83).

7.43 North Bay Fourth of July Fireworks ...... • Date: July 4. • Rain date: July 5. • Location: Waters of the Great South Bay in Patchogue Bay 4,000 feet southeast of Blue Point, NY in approximate position 40°44′6.28″ N., 073°01′02.50″ W. (NAD 83).

7.44 National Golf Links Fireworks ...... • Date: A day during the first week of July. • Location: Waters of the Great Peconic Bay 3⁄4 of a mile northwest of Bullhead Bay, Shinnecock, NY in approximate position 40°55′11.79″ N., 072°28′04.34″ W. (NAD 83).

7.45 Xirinachs Family Foundation Fireworks ...... • Date: A day during the first two weekends of July. • Location: Waters of Hunting Bay off Beach Avenue, Hun- tington Bay, NY in approximate position 40°54′23.27″ N., 73°25′08.04″ W. (NAD 83).

7.46 Irwin Family 4th of July ...... • Date: A day during the last week of June or first week of July. • Location: Waters of the Great South Bay off The Helm Road, East Islip, NY in approximate position 40°42′12.28″ N., 73°12′00.08″ W. (NAD 83).

7.47 Westbrook July Celebration ...... • Date: A day during the last week of June or first week of July. • Location: Waters of Long Island Sound Westbrook Harbor, West Brook, CT in approximate position 41°16′10″ N., 72°26′14″ W. (NAD 83).

7.48 Bridgeport Bluefish July Fireworks ...... • Location: Waters of the Pequannock River’s Lower Reach surrounding Steel Point, Bridgeport, CT in approximate position 41°10′35″ N., 073°10′58″ W. (NAD 83).

8 August

8.1 Village of Bellport Fireworks ...... • Location: Waters of Bellport Bay, off Bellport Dock, Bellport, NY in approximate position 40°45′01.83″ N., 072°55′50.43″ W. (NAD 83).

8.2 Taste of Italy Fireworks ...... • Location: Waters of Norwich Harbor, off Norwich Marina, Norwich, CT in approximate position 41°31′17.72″ N., 072°04′43.41″ W. (NAD 83).

8.3 Old Black Point Beach Association Fireworks ...... • Location: Waters off Old Black Point Beach, East Lyme, CT in approximate position, 41°17′34.9″ N., 072°12′55″ W. (NAD 83).

8.4 Town of Babylon Fireworks ...... • Location: Waters off of Cedar Beach Town Park, Babylon, NY in approximate position 40°37′53″ N., 073°20′12″ W. (NAD 83).

8.5 Shelter Island Yacht Club Fireworks ...... • Date: The second Saturday of August. • Rain date: The second Sunday of August. • Location: Waters of Dering Harbor north of Shelter Island Yacht Club, Shelter Island, NY in approximate position 41°05′23.47″ N., 072°21′11.18″ W. (NAD 83).

8.6 Stamford Fireworks ...... • Date: The last Saturday of August. • Rain date: The last Sunday of August. • Location: Waters of Stamford Harbor, off Kosciuszco Park, Stamford, CT in approximate position 41°01′48.46″ N., 073°32′15.32″ W. (NAD 83).

8.7 Nikon Theater at Jones Beach Fireworks ...... • Date: A day during the first two weeks of August. • Location: Waters of Zacks Bay off the Nikon Theater, Jones Beach, NY in approximate position 40°36′02.12″ N., 073°30′05.65″ W. (NAD 83).

8.8 Ascension Fireworks ...... • Date: A day during the third or fourth weekend of August.

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TABLE 1 TO § 165.151—Continued • Location: Waters of the Great South Bay off The Pines, East Fire Island, NY in approximate position 40°40′07.43″ N., 073°04′13.88″ W. (NAD 83).

8.9 Bridgeport Bluefish August Fireworks ...... • Location: Waters of the Pequannock River’s Lower Reach surrounding Steel Point, Bridgeport, CT in approximate position 41°10′35″ N., 073°10′58″ W. (NAD 83).

9 September

9.1 East Hampton Fire Department Fireworks ...... • Location: Waters off Main Beach, East Hampton, NY in approximate position 40°56′40.28″ N., 072°11′21.26″ W. (NAD 83).

9.2 Town of Islip Labor Day Fireworks ...... • Location: Waters of Great South Bay off Bay Shore Marina, Islip, NY in approximate position 40°42′24″ N., 073°14′24″ W. (NAD 83).

9.3 Village of Island Park Labor Day Celebration Fireworks ... • Location: Waters off Village of Island Park Fishing Pier, Vil- lage Beach, NY in approximate position 40°36′30.95″ N., 073°39′22.23″ W. (NAD 83).

9.4 The Creek Fireworks ...... • Date: A day during the first week of September. • Location: Waters of Long Island Sound off the Creek Golf Course, Lattingtown, NY in approximate position 40°54′13″ N., 073°35′58″ W. (NAD 83).

9.5 Archangel Michael Greek Orthodox Church Fireworks ...... • Date: A day during the last week of September or first week of October. • Location: Waters of Hempstead Harbor off Bar Beach Town Park, Port Washington, NY in approximate position 40°49′42″ N., 073°39′07″ W. (NAD 83).

9.6 Port Washington Sons of Italy Fireworks ...... • Location: Waters of Hempstead Harbor off Bar Beach, North Hempstead, NY in approximate position 40°49′48.04″ N., 073°39′24.32″ W. (NAD 83).

9.7 Bridgeport Bluefish September Fireworks ...... • Location: Waters of the Pequannock River’s Lower Reach surrounding Steel Point, Bridgeport, CT in approximate position 41°10′35″ N., 073°10′58″ W. (NAD 83).

11 November

11.1 Charles W. Morgan Anniversary Fireworks ...... • Date: A day during the first or second weekend of Novem- ber. • Location: Waters of the Mystic River, north of the Mystic Seaport Light, Mystic, CT in approximate position 41°21′56.455″ N., 071°57′58.32″ W. (NAD 83).

11.2 Christmas Boat Parade Fireworks ...... • Location: Waters of Patchogue Bay off Lombardi’s on the Bay Restaurant, Patchogue, NY in approximate position 40°44′39.18″ N., 073°00′37.80″ W. (NAD 83).

11.3 Connetquot River Fall Fireworks ...... • Location: Waters of the Connetquot River off Snapper Inn Restaurant, Oakdale, NY in approximate position 40°43′32.38″ N., 073°09′02.64″ W. (NAD 83).

12 December

12.1 Greenport Winter Fireworks ...... • Date: From 11:45 p.m. December 31 until 12:30 a.m. Janu- ary 1. • Location: Waters of Greenport Harbor off Mitchell Park and Marina, Greenport, NY, in approximate position 41°05′59.09″ N., 072°21′31.44″ W. (NAD 83).

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TABLE 2 TO § 165.151 [June, July & August]

1.1 Swim Across the Sound ...... • Location: Waters of Long Island Sound, Port Jef- ferson, NY to Captain’s Cove Seaport, Bridgeport, CT. in approximate positions 40°58′11.71″ N, 073°05′51.12″ W, north-westerly to the finishing point at Captain’s Cove Seaport 41°09′25.07″ N, 073°12′47.82″ W (NAD 83).

1.2 Huntington Bay Open Water Championships • Location: Waters of Huntington Bay, NY. In ap- Swim. proximate positions start/finish at approximate position 40°54′25.8″ N, 073°24′28.8″ W, East turn at approximate position 40°54′45″ N 073°23′36.6″ W and a West turn at approximate position 40°54′31.2″ N, 073°25′21″ W, °09′25.07″ N 073°12′47.82″ W (NAD 83).

1.3 Maggie Fischer Memorial Great South Bay Cross • Location: Waters of the Great South Bay, NY. Bay Swim. Starting Point at the Fire Island Lighthouse Dock in approximate position 40°38′01″ N, 073°13′07″ W; northerly through approximate points 40°38′52″ N, 073°13′09″ W; 40°39′40″ N, 073°13′30″ W; 40°40′30″ N, 073°14′00″ W; and finishing at Gilbert Park, Brightwaters, NY at approximate position 40°42′25″ N, 073°14′52″ W (NAD 83).

1.4 Waves of Hope Swim ...... • Date: A day during the last week of June or first two weeks of July. • Time: 8 a.m. until 1 p.m. • Location: All waters of the Great South Bay off Amityville, NY shoreward of a line created by connecting the following points. Beginning at 40°39′22.38″ N, 073°25′31.63″ W, then to 40°39′02.18″ N, 073°25′31.63″ W, then to 40°39′02.18″ N, 073°24′03.81″ W, ending at 40°39′18.27″ N, 073°24′03.81″ W (NAD 83).

1.5 Stonewall Swim ...... • Date: A day during a weekend in August. • Time: 8:30 a.m. until 12:30 p.m. • Location: All navigable waters of the Great South Bay within a three miles long and half mile wide box connecting Snedecor Avenue in Bayport, NY to Porgie Walk in Fire Island, NY. Formed by connecting the following points. Beginning at 40°43′40.24″ N, 073°03′41.50″ W; then to 40°43′40.00″ N, 073°03′13.40″ W; then to 40°40′04.13 N, 073°03′43.81″ W; then to 40°40′08.30″ N, 073°03′17.70″ W; and ending at the beginning point 40°43′40.24″ N, 073°03′41.5″ W (NAD 83).

1.6 Swim Across America Greenwich ...... • Date: A single day during June. • Time: 5:30 a.m. until noon.

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TABLE 2 TO § 165.151—Continued [June, July & August]

• Location: All navigable waters of Stamford Harbor within a half miles long and 1000 foot wide polygon shaped box stretching from Dolphin Cove to Rocky Point between Stamford and Greenwich, CT. Formed by connecting the following points. Begin- ning at point (A) 41°01′32.03″ N, 073°33′8.93″ W, then south east to point (B) 41°01′15.01″ N, 073°32′55.58″ W; then south west to point (c) 41°00′49.25N, 073°33′20.36″ W; then north west to point (D) 41°00′58.00″ N, 073°33′27.00″ W, then north east to point (E) 41°01′15.80″ N, 073°33′09.85″ W, then heading north and ending at point (A)(NAD 83). 1.7 US Coast Guard Triathlon Swim ...... • Date: A single day during August. • Location: All navigable waters of the Thames River, New London Harbor off Fort Trumbull State Park around a half mile long course that is west of the Federal navigation channel in New London, CT. Formed by connecting the following points. Be- ginning at point (A) 41°20′40.03″ N, 072°05′32.15″ W; then east to point (B) 41°20′40.08″ N, 072°05′22.03″ W, then north to point (C) 41°20′48.29N, 072°05′23.19″ W; then north west to point (D) 41°20′50.84″ N, 072°05′29.29″ W, then south west to end point (E) 41°20′46.41″ N, 072°05′35.77″ W, (NAD 83).

[USCG–2008–0384, 77 FR 6958, Feb. 10, 2012, as amended by USCG–2012–1036, 78 FR 31406, May 24, 2013; USCG–2014–0410, 79 FR 38442, July 7, 2014]

§ 165.153 Regulated Navigation Area: (3) Operates on a short run on a fre- Long Island Sound Marine Inspec- quent schedule between two points tion and Captain of the Port Zone. over the most direct water route; and (a) Regulated Navigation Area location. (4) Offers a public service of a type All waters of the Long Island Sound normally attributed to a bridge or tun- Marine Inspection and Captain of the nel. Port (COTP) Zone, as delineated in 33 Public vessels means vessels owned or CFR 3.05–35, extending seaward 12 nau- bareboat chartered and operated by the tical miles from the territorial sea United States, or by a State or polit- baseline, are established as a regulated ical subdivision thereof, or by a foreign navigation area (RNA). nation, except when such vessel is en- (b) Applicability. This section applies gaged in commercial service. to all vessels operating within the RNA Territorial sea baseline means the line excluding public vessels. defining the shoreward extent of the (c) Definitions. The following defini- territorial sea of the United States tions apply to this section: drawn according to the principles, as recognized by the United States, of the Commercial service means any type of Convention on the Territorial Sea and trade or business involving the trans- the Contiguous Zone, 15 U.S.T. 1606, portation of goods or individuals, ex- and the 1982 United Nations Conven- cept service performed by a combatant tion on the Law of the Sea (UNCLOS), vessel. 21 I.L.M. 1261. Normally, the territorial Ferry means a vessel that: sea baseline is the mean low water line (1) Operates in other than ocean or along the coast of the United States. coastwise service; (d) Regulations. (1) Speed restrictions (2) Has provisions only for deck pas- in the vicinity of Naval Submarine sengers or vehicles, or both; Base New London and Lower Thames

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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 port or place subject to the jurisdiction passage not bound for a port or place of the United States, and all vessels subject to the jurisdiction of the not engaged in commercial service United States. whose last port of call was in the (6) Ferry vessels. Vessels of 300 gross United States. Vessels requiring in- tons or more are prohibited from enter- spection by the COTP may contact the ing all waters within a 1200-yard radius COTP via marine band or Very High of any ferry vessel transiting in any Frequency (VHF) channel 16, telephone portion of the Long Island Sound Ma- at (203) 468–4401, facsimile at (203) 468– rine Inspection and COTP Zone with- 4418, or letter addressed to Captain of out first obtaining the express prior the Port, Long Island Sound, 120 Wood- authorization of the ferry vessel oper- ward Ave., New Haven, CT 06512. ator, master, COTP, or the designated (4) All vessels operating within the COTP on-scene patrol. RNA that are bound for a port or place (7) Vessels engaged in commercial serv- located in the United States or that ice. No vessel may enter within a 100-

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yard radius of any vessel engaged in tom, West of the Electric Boat Cor- commercial service while that vessel is poration Shipyard enclosed by a line transiting, moored, or berthed in any beginning at a point on the shoreline portion of the Long Island Sound Ma- at 41°20′16″ N, 72°04′47″ W; then running rine Inspection and COTP zone, with- West to 41°20′16″ N, 72°04′57″ W; then out the express prior authorization of running North to 41°20′26″ N, 72°04′57″ the vessel’s operator, master, COTP, or W; then Northwest to 41°20′28.7″ N, the designated COTP on-scene rep- 72°05′01.7″ W; then North-Northwest to resentative. 41°20′53.3″ N, 72°05′04.8″ W; then North- (8) Bridge foundations. Any vessel op- Northeast to 41°21′02.9″ N, 72°05′04.9″ W; erating beneath a bridge must make a then East to a point on shore at direct, immediate and expeditious pas- 41°21′02.9″ N, 72°04′58.2″ W (NAD 83). sage beneath the bridge while remain- (ii) Application. Sections 165.33(a), (e), ing within the navigable channel. No (f) shall not apply to public vessels or vessel may stop, moor, anchor or loiter to vessels owned by, under hire to, or beneath a bridge at any time. No vessel performing work for the Electric Boat may approach within a 25-yard radius Division when operating in the secu- of any bridge foundation, support, rity zone. stanchion, pier or abutment except as (3) Naval Submarine Base, Groton, required for the direct, immediate and CT. All navigable waters of the Thames expeditious transit beneath a bridge. River, from surface to bottom, West of (9) This section does not relieve any the Groton Naval Submarine Base New vessel from compliance with applicable London, enclosed by a line beginning at Navigation Rules (COLREGS and their a point on the shoreline at 41°23′15.8″ N, associated Annexes and Inland Naviga- 72°05′17.9″ W; then to 41°23′15.8″ N, tion Rules (33 CFR subchapter E)). 72°05′22″ W; then to 41°23′25.9″ N, 72°05′29.9″ W; then to 41°23′33.8″ N, [CGD01–02–104, 68 FR 48802, Aug. 15, 2003, as ° ′ ″ ° ′ ″ amended by USCG–2006–24371, 74 FR 11213, 72 05 34.7 W; then to 41 23 37.0 N, Mar. 16, 2009; USCG–2015–0433, 80 FR 44283, 72°05′38.0″ W; then to 41°23′41.0″ N, July 27, 2015] 72°05′40.3″ W; then to 41°23′47.2″ N, 72°05′42.3″ W; then to 41°23′53.8″ N, § 165.154 Safety and Security Zones; 72°05′43.7″ W; then to 41°23′59.8″ N, Captain of the Port Long Island 72°05′43.0″ W; then to 41°24′12.4″ N, Sound Zone Safety and Security 72°05′43.2″ W; then to a point on the Zones. shoreline at 41°24′14.4″ N, 72°05′38″ W; The following areas are designated then along the shoreline to the point of safety and security zones: beginning (NAD 83). (a) Security zones. (1) Dominion Mill- (4) U.S. Coast Guard Academy, New stone Nuclear Power Plant, Waterford, London, CT. CT. (i) Location. All navigable waters of (i) All navigable waters of Long Is- the Thames River, from surface to bot- land Sound, from surface to bottom, tom, in a 500-yard radius from Jacobs North and Northeast of a line running Rock, approximate position 41°22′22″ N, from Bay Point, at approximate posi- 072°05′40″ W (NAD 83). tion 41°18′34.20″ N, 072°10′24.60″ W, to (ii) Enforcement period. This rule will Millstone Point at approximate posi- be enforced during visits by high-rank- tion 41°18′15.00″ N, 072°9′57.60″ W (NAD ing officials and times of heighted se- 83). curity. (ii) All navigable waters of Long Is- (iii) Notification. The Captain of the land Sound, from surface to bottom, Port will notify the maritime commu- West of a line starting at 41°18′42″ N, nity of periods during which this secu- 072°09′39″ W, running south to the East- rity zone will be enforced by all appro- ern most point of Fox Island at approx- priate means such as Local Notice to imate position 41°18′24.11″ N, Mariners, Marine Safety Information 072°09′39.73″ W (NAD 83). Radio Broadcasts or on scene notice. (2) Electric Boat Shipyard, Groton, (5) U.S. Coast Guard Vessels, Long Is- CT. land Sound COTP Zone. All navigable (i) Location. All navigable waters of waters within a 100-yard radius of any the Thames River, from surface to bot- anchored U.S. Coast Guard vessel. For

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the purposes of this section, U.S. Coast tor Long Island Sound at 203–468–4401, Guard vessels includes any commis- or via VHF Channel 16. sioned vessel or small boat in the serv- [USCG–2008–0384, 77 FR 6961, Feb. 10, 2012] ice of the regular U.S. Coast Guard and does not include Coast Guard Auxiliary § 165.156 Regulated Navigation Area: vessels. East Rockaway Inlet to Atlantic (b) Safety zones. (1) Coast Guard Sta- Beach Bridge, Nassau County, Long tion Fire Island, Long Island, NY. All Island, New York. waters of Fire Island Inlet from the (a) Location. The following area is a shore out to a line beginning at a point Regulated Navigation Area: All waters on shore at 40°37′31.4″ N, 073°15′41.1″ W; of East Rockaway Inlet in an area then North to 40°37′35.6″ N, 073°15′43.1″ bounded by lines drawn from position W; then East to 40°37′36.7″ N, 073°15′39.8″ 40°34′56″ N, 073°45′19″ W, (approximate W; then East to 40°37′37.8″ N, 073°15′36.6″ position of East Rockaway Inlet Break- W; then East to 40°37′41.1″ N, 073°15′33.5″ water Light, LLNR 31500) running W; then Southeast to 40°37′39.7″ N, north to a point of land on the north- 073°15′27.0″ W; then Southeast to west side of the inlet at position 40°37′37.5″ N, 073°15′22.1″ W; then South- 40°35′28″ N, 073°46′12″ W, thence easterly east to 40°37′37.6″ N, 073°15′19.1″ W; then along the shore to the east side of the Southeast to point on shore at Atlantic Beach Bridge, State Route 40°37′33.9″ N, 073°15′20.8″ W (NAD 83). 878, over East Rockaway Inlet, thence (2) [Reserved] across the bridge to the south side of (c) Regulations. (1) The general regu- East Rockaway Inlet, thence westerly lations contained in § 165.23 and § 165.33 along the shore and across the water to of this part apply. Entering into, re- the beginning. maining within or cause an article or (b) Regulations. (1) The general regu- thing to enter into or remain within lations contained in 33 CFR 165.10, these safety and security zones is pro- 165.11, and 165.13 apply. hibited unless authorized by the Cap- (2) In accordance with the general regulations, the following regulations tain of the Port or a designated rep- apply to vessels carrying petroleum resentative. products in excess of 250 barrels: (2) These safety and security zones (i) The vessel must have plans in are closed to all vessel traffic, except place to maintain a minimum of two as may be permitted by the Captain of feet under keel clearance at all times. the Port (COTP) or a designated rep- (ii) A vessel requiring a nighttime resentative. Vessel operators given per- transit through East Rockaway Inlet mission to enter or operate in the secu- may only do so only after receiving ap- rity zones must comply with all direc- proval from the Captain of the Port tions given to them by the COTP or the Long Island Sound. designated representative. (iii) Vessels are prohibited from (3) The ‘‘designated representative’’ transiting East Rockaway Inlet if a is any Coast Guard commissioned, war- small craft advisory or greater has rant or petty officer who has been des- been issued for the area unless specific ignated by the Captain of the Port to approval is received from the Captain act on his/her behalf. The on-scene rep- of the Port Long Island Sound. resentative may be on a Coast Guard (iv) In an emergency, any vessel may vessel, a state or local law enforcement deviate from the regulations in this vessel, or other designated craft, or section to the extent necessary to may be on shore and will communicate avoid endangering the safety of per- with vessels via VHF–FM radio or sons, the environment, and or prop- loudhailer. In addition, members of the erty. If deviation from the regulations Coast Guard Auxiliary may be present is necessary, the master or their des- to inform vessel operators of this regu- ignee shall inform the Coast Guard as lation. soon as it is practicable to do so. (4) Vessel operators desiring to enter (c) Waivers. (1) The Captain of the or operate within the security zones Port Long Island Sound may, upon re- shall request permission to do so by quest, waive any regulation in this sec- contacting the Captain of the Port Sec- tion.

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(2) An application for a waiver must iliary may be present to inform vessel state the need for the waiver and de- operators of this regulation. scribe the proposed vessel operations (2) Official patrol vessels. Official pa- through the Regulated Navigation trol vessels may consist of any Coast Area. Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned [USCG–2008–0085, 74 FR 57887, Nov. 10, 2009, as or approved by the COTP. amended by USCG–2015–0433, 80 FR 44283, July 27, 2015] (3) Spectators. All persons and vessels not registered with the event sponsor § 165.160 Safety Zones; fireworks disas participants or official patrol ves- plays and swim events in Coast sels. Guard Captain of the Port New (b) Vessel operators desiring to enter York Zone. or operate within the regulated areas (a) Regulations. The general regula- shall contact the COTP or the des- tions contained in 33 CFR 165.23 as well ignated representative via VHF chan- as the following regulations apply to nel 16 or (718) 354–4353 (Sector New the fireworks displays and swim events York command center) to obtain per- listed in Tables 1 and 2 to § 165.160. mission to do so. These regulations will be enforced for (c) Spectators or other vessels shall the duration of each event. Notifica- not anchor, block, loiter, or impede the tions will be made to the local mari- transit of event participants or official patrol vessels in the regulated areas time community through the Local No- during the effective dates and times, or tice to Mariners and Broadcast Notice dates and times as modified through to Mariners well in advance of the the Local Notice to Mariners, unless events. If the event does not have a authorized by COTP or designated rep- date listed, then exact dates and times resentative. of the enforcement period will be an- (d) Upon being hailed by a U.S. Coast nounced through a Notice of Enforce- Guard vessel or the designated rep- ment in the FEDERAL REGISTER. Mari- resentative, by siren, radio, flashing ners should consult the FEDERAL REG- light or other means, the operator of ISTER or their Local Notice to Mariners the vessel shall proceed as directed. to remain apprised of schedule or event Failure to comply with a lawful direc- changes. First Coast Guard District tion may result in expulsion from the Local Notice to Mariners can be found area, citation for failure to comply, or at http://www.navcen.uscg.gov/. The Cap- both. tain of the Port Sector New York Ma- (e) The COTP or designated rep- rine Events schedule can also be viewed resentative may delay or terminate electronically at any marine event in this subpart at www.homeport.uscg.mil/newyork. Al- any time it is deemed necessary to en- though listed in the Code of Federal sure the safety of life or property. Regulations, sponsors of events listed (f) The regulated area for all fire- in Tables 1 and 2 to § 165.160 are still re- works displays listed in Table 1 to quired to submit marine event applica- § 165.160 is that area of navigable tions in accordance with 33 CFR 100.15. waters within a 360 yard radius of the (b) Definitions. The following defini- launch platform or launch site for each tions apply to this section: fireworks display, unless otherwise (1) Designated representative. A ‘‘des- noted in TABLE 1 to § 165.160 or modi- ignated representative’’ is any Coast fied in USCG First District Local No- Guard commissioned, warrant or petty tice to Mariners at: http:// officer of the U.S. Coast Guard who has www.navcen.uscg.gov/. been designated by the Captain of the (g) Fireworks barges used in these lo- Port, Sector New York (COTP), to act cations will also have a sign on their on his or her behalf. The designated port and starboard side labeled ‘‘Fire- representative may be on an official works—Stay Away’’. This sign will patrol vessel or may be on shore and consist of 10 inch high by 1.5 inch wide will communicate with vessels via red lettering on a white background. VHF–FM radio or loudhailer. In addi- Shore sites used in these locations will tion, members of the Coast Guard Aux- display a sign labeled ‘‘Fireworks—

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Stay Away’’ with the same dimensions. Away’’ sign is posted in a location list- These zones will be enforced from 6 ed in TABLE 1 to § 165.160. p.m. (E.S.T.) to 1 a.m. (E.S.T.) each day (h) For all swim events listed in a barge with a ‘‘Fireworks—Stay Table 2 to § 165.160, vessels not associ- Away’’ sign on the port and starboard ated with the event shall maintain a side is on-scene or a ‘‘Fireworks—Stay separation of at least 100 yards from the participants.

TABLE 1 TO § 165.160

1.0 Hudson River

1.1 Macy’s 4th of July Fireworks ...... • Event Type: Fireworks. • Date: July 4th. • Rain Date: July 5th. • Location: All waters of the Hudson River bounded by a line drawn east from approximate position 40°46′35.43″ N, 074°00′37.53″ W in New Jersey, to approximate position 40°46′16.98″ N, 073°59′52.34″ W in New York, thence south along the Manhattan shoreline to approximate position 40°44′48.98″ N, 074°00′41.06″ W, then west to approximate position 40°44′55.91″ N, 074°01′24.94″ W, (NAD 83). Then north along the New Jersey shoreline and back to the point of origin.

2.0 New York Harbor

2.1 Liberty Island Safety Zone ...... • Launch site: A barge located in approximate position 40°41′16.5″ N 074°02′23″ W (NAD 1983), located in Federal Anchorage 20–C, about 360 yards east of Liberty Island. This Safety Zone is a 360-yard radius from the barge.

2.2 Ellis Island Safety Zone ...... • Launch site: A barge located between Fed- eral Anchorages 20–A and 20–B, in approximate position 40°41′45″ N 074°02′09″ W (NAD 1983) about 365 yards east of Ellis Is- land. This Safety Zone is a 360-yard radius from the barge.

2.3 South Ellis Island Safety Zone ...... • Launch site: A barge located in approximate position 40°41′39.9″ N 074°02′33.7″ W (NAD 1983), about 260 yards south of Ellis Island. This Safety Zone is a 240-yard radius from the barge.

2.4 South Beach, Staten Island Safety Zone .. • Launch site: A barge located in approximate position 40°35′11″ N 074°03′42″ W (NAD 1983), about 350 yards east of South Beach, Staten Island. This Safety Zone is a 360-yard radius from the barge.

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TABLE 1 TO § 165.160—Continued 2.5 Raritan Bay Safety Zone ...... • Launch site: A barge located in approximate position 40°30′04″ N 074°15′35″ W (NAD 1983), about 240 yards east of Raritan River Cutoff Channel Buoy 2 (LLNR 36595). This Safety Zone is a 240-yard radius from the barge.

2.6 Coney Island Safety Zone ...... • Launch site: A land shoot from the south end of Steeplechase Pier, Coney Island in approximate position 40°34′11″ N 073°59′00″ W (NAD 1983). This Safety Zone is a 250-yard radius from the launch site.

2.7 Arthur Kill, Elizabeth, NJ Safety Zone ...... • Launch site: A land shoot located in Eliza- beth, New Jersey in approximate position 40°38′50″ N 074°10′58″ W (NAD 1983), about 675 yards west of Arthur Kill Channel Lighted Buoy 20 (LLNR 36780). This Safety Zone is a 150-yard radius from the launch site.

2.8 Rockaway Beach Safety Zone ...... • Launch site: A barge located in approximate position 40°34′28.2″ N 073°50′00″ W (NAD 1983), 350 yards off of Beach 116th Street. This Safety Zone is a 360-yard radius from the barge.

2.9 Rockaway Inlet Safety Zone ...... • Launch site: A barge located in approximate position 40°34′19.1″ N 073°54′43.5″ W (NAD 1983). 1200 yards south of Point Breeze. This Safety Zone is a 360-yard radius from the barge.

2.10 Pierhead Channel, NJ Safety Zone ...... • Launch site: A barge located in approximate position 40°39′18.8″ N 074°04′39.1 W (NAD 1983), approximately 350 yards north of the Kill Van Kull Channel. This Safety Zone is a 360-yard radius from the barge.

2.11 Midland Beach, Staten Island Safety • Launch site: A barge located in approximate Zone. position 40°34′12″ N 074°04′29.6″ W (NAD 1983), approximately 800 yards southeast of Midland Beach. This Safety Zone is a 500- yard radius from the barge.

2.12 Wolfes Pond Park, Staten Island Safety • Launch site: A barge located in approximate Zone. position 40°30′52.1″ N 074°10′58.8″ W (NAD 1983), approximately 540 yards east of Wolfe′s Pond Park. This Safety Zone is a 500-yard radius from the barge.

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TABLE 1 TO § 165.160—Continued 2.13 Ocean Breeze Fishing Pier, Staten Is- • Launch site: A barge located in approximate land Safety Zone. position 40°34′46.3″ N 074°04′02.0″ W (NAD 1983), approximately 1150 yards west of Hoffman Island. This Safety Zone is a 360-yard radius from the barge.

2.14 Fort Hamilton Safety Zone ...... • Launch site: A barge located in approximate position 40°36′00″ N 074°01′42.5″ W (NAD 1983), approximately 1400 yards southeast of the Verrazano-Narrows Bridge. This Safe- ty Zone is a 240-yard radius from the barge.

2.15 Liberty State Park Safety Zone ...... • Launch site: A barge located in approximate position 40°41′20.32″ N 074°03′29.35″ W (NAD 1983), approximately 334 yards south of Pier 7, Liberty State Park, Jersey City, New Jersey. This Safety Zone is a 240-yard radius from the barge.

3.0 Western Long Island Sound

3.1 Peningo Neck, Western Long Island • Launch site: A barge located in approximate Sound safety zone. position 40°56′21″ N 073°41′23″ W (NAD 1983), approximately 525 yards east of Mil- ton Point, Peningo Neck, New York. This Safety Zone is a 300-yard radius from the barge.

3.2 Satans Toe, Western Long Island Sound • Launch Site: A barge located in approximate Safety Zone. position 40°55′21″ N 073°43′41″ W (NAD 1983), approximately 635 yards northeast of Larchmont Harbor (East Entrance) Light 2 (LLNR 25720). This Safety Zone is a 360- yard radius from the barge.

3.3 Larchmont, NY, Western Long Island • Launch site: A barge located in approximate Sound Safety Zone. position 40°54′45″ N 073°44′55″ W (NAD 1983), approximately 450 yards southwest of the entrance to Horseshoe Harbor. This Safety Zone is a 240-yard radius from the barge.

3.4 Manursing Island, Western Long Island • Launch site: A barge located in approximate Sound Safety Zone. position 40°57′47″ N 073°40′06″ W (NAD 1983), approximately 380 yards north of Rye Beach Transport Rock Buoy 2 (LLNR 25570). This Safety Zone is a 360-yard radius from the barge.

3.5 Glen Island, Western Long Island Sound • Launch site: A barge located in approximate Safety Zone. position 40°53′12″ N 073°46′33″ W (NAD 1983), approximately 350 yards east of the northeast corner of Glen Island, New York. This Safety Zone is a 240-yard radius from the barge.

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TABLE 1 TO § 165.160—Continued 3.6 Twin Island, Western Long Island Sound • Launch site: A land shoot located on the Safety Zone. east end of Orchard Beach, New York in approximate position 40°52′10″ N 073°47′07″ W (NAD 1983). This Safety Zone is a 200- yard radius from the launch site.

3.7 Davenport Neck, Western Long Island • Launch site: A barge located in Federal An- Sound Safety Zone. chorage 1–A in approximate position 40°53′46″ N 073°46′04″ W (NAD 1983), approximately 360 yards north of Emerald Rock Buoy (LLNR 25810). This Safety Zone is a 360-yard radius from the barge.

3.8 Glen Cove, Hempstead Harbor Safety • Launch site: A barge located in approximate Zone. position 40°51′58″ N 073°39′34″ W (NAD 1983), approximately 500 yards northeast of Glen Cove Breakwater Light 5 (LLNR 27065). This Safety Zone is a 360-yard radius from the barge.

3.9 Bar Beach, Hempstead Harbor Safety • Launch site: A barge located in approximate Zone. position 40°49′50″ N 073°39′12″ W (NAD 1983), approximately 190 yards north of Bar Beach, Hempstead Harbor, New York. This Safety Zone is a 180-yard radius from the barge.

3.10 Larchmont Harbor (north), Western Long • Launch site: A barge located in approximate Island Sound Safety Zone. position 40°55′21.8″ N 073°44′21.7″ W (NAD 1983), approximately 560 yards north of Umbrella Rock. This Safety Zone is a 240-yard radius from the barge.

3.11 Orchard Beach, The Bronx Safety Zone • Launch site: All waters of Long Island Sound in an area bound by the following points: 40°51′43.5″ N 073°47′36.3″ W; thence to 40°52′12.2″ N 073°47′13.6″ W; thence to 40°52′02.5″ N 073°46′47.8″ W; thence to 40°51′32.3″ N 073°47′09.9″ W (NAD 1983), thence to the point of origin.

3.12 Larchmont Harbor (south), Western • Launch site: A barge located in approximate Long Island Sound Safety Zone. position 40°55′16″ N 073°44′15″ W (NAD 1983), approximately 440 yards north of Umbrella Rock, Larchmont Harbor, New York. This Safety Zone is a 240-yard radius from the barge.

3.13 Sands Point Western Long Island Sound • Launch site: A barge located in approximate Safety Zone. position 40°52′03″ N 073°43′39″ W (NAD 1983), northeast of Hart Island, in the vicinity of Sands Point, New York. This Safety Zone is a 180-yard radius from the barge.

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TABLE 1 TO § 165.160—Continued 3.14 Echo Bay, Western Long Island Sound • Launch site: A shore launch located in ap- Safety Zone. proximate position 40°54′34.41″ N 073°45′56.61″ W (NAD 1983), southeast portion of Harrison Island, New York. This Safety Zone is a 180-yard radius from the barge.

4.0 East River

4.1 Wards Island, East River Safety Zone ...... • Launch site: A barge located in approximate position 40°46′57.8″ N 073°55′28.6″ W (NAD 1983), approximately 330 yards north of the Robert F. Kennedy Bridge (Triborough Bridge) Bridge. This Safety Zone is a 150-yard radius from the barge.

4.2 Newtown Creek, East River Safety Zone • Launch site: A barge located in approximate position 40°′44″ 24 N 073°58′00″ W (NAD 1983), approximately 785 yards south of Belmont Island. This Safety Zone is a 360- yard radius from the barge.

4.3 Corlears, East River Safety Zone ...... • Launch site: A barge located in approximate position 40°42′34.53″ N 073°58′33.37″ W (NAD 1983), approximately 570 yards south of the Williamsburg Bridge, 250 yards west of Railroad Avenue, Corlears Hook, New York. This Safety Zone is a 180-yard radius from the barge.

4.4 Seaport, East River Safety Zone ...... • Launch site: All waters of the East River south of the Brooklyn Bridge and north of a line drawn from the southwest corner of Pier 3, Brooklyn, to the southeast corner of Pier 6, Manhattan.

5.0 Hudson River

5.1 Pier 60, Hudson River Safety Zone ...... • Launch site: A barge located in approximate position 40°44′49″ N 074°01′02″ W (NAD 1983), approximately 500 yards west of Pier 60, Manhattan, New York. This Safety Zone is a 360-yard radius from the barge.

5.2 The Battery, Hudson River Safety Zone ... • Launch site: A barge located in approximate position 40°42′00″ N 074°01′17″ W (NAD 1983), approximately 500 yards south of The Battery, Manhattan, New York. This Safety Zone is a 360-yard radius from the barge.

5.3 Battery Park City, Hudson River Safety • Launch site: A barge located in approximate Zone. position 40°42′39″ N 074°01′21″ W (NAD 1983), approximately 480 yard southwest of North Cove Yacht Harbor, Manhattan, New York. This Safety Zone is a 360-yard radius from the barge.

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TABLE 1 TO § 165.160—Continued 5.4 Pier 90, Hudson River Safety Zone ...... • Launch site: A barge located in approximate position 40°46′11.8″ N 074°00′14.8″ W (NAD 1983), approximately 375 yards west of Pier 90, Manhattan, New York. This Safe- ty Zone is a 360-yard radius from the barge.

5.5 Yonkers, NY, Hudson River Safety Zone • Launch site: A barge located in approximate position 40°56′14.5″ N 073°54′33″ W (NAD 1983), approximately 475 yards northwest of the Yonkers Municipal Pier, New York. This Safety Zone is a 360-yard radius from the barge.

5.6 Hastings-on-Hudson, Hudson River Safe- • Launch site: A barge located in approximate ty Zone. position 40°59′44.5″ N 073°53′28″ W (NAD 1983), approximately 425 yards west of Hastings-on-Hudson, New York. This Safety Zone is a 360-yard radius from the barge.

5.7 Pier D, Hudson River Safety Zone ...... • Launch site: A barge located in approximate position 40°42′57.5″ N 074°01′34″ W (NAD 1983), approximately 375 yards southeast of Pier D, Jersey City, New Jersey. This Safety Zone is a 360-yard radius from the barge.

5.8 Pier 54, Hudson River Safety Zone ...... • Launch site: A barge located in approximate position 40°44′31″ N 074°01′00″ W (NAD 1983), approximately 380 yards west of Pier 54, Manhattan, New York. This Safety Zone is a 360-yard radius from the barge.

5.9 Pier 84, Hudson River Safety Zone ...... • Launch site: A barge located in approximate position 40°45′56.9″ N 074°00′25.4″ W (NAD 1983), approximately 380 yards west of Pier 84, Manhattan, New York. This Safe- ty Zone is a 360-yard radius from the barge.

5.10 Peekskill Bay, Hudson River Safety • Launch site: A barge located in approximate Zone. position 41°17′16″ N 073°56′18″ W (NAD 1983), approximately 670 yards north of Travis Point. This Safety Zone is a 360-yard radius from the barge.

5.11 Jersey City, NJ, Hudson River Safety • Launch site: A barge located in approximate Zone. position 40°42′37.3″ N 074°01′41.6″ W (NAD 1983), approximately 420 yards east of Morris Canal Little Basin. This Safety Zone is a 360-yard radius from the barge.

5.12 Newburgh, NY, Hudson River Safety • Launch site: A barge located in approximate Zone. position 41°30′01.2″ N 073°59′42.5″ W (NAD 1983), approximately 930 yards east of Newburgh, New York. This Safety Zone is a 360-yard radius from the barge.

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TABLE 1 TO § 165.160—Continued 5.13 Poughkeepsie, NY, Hudson River Safety • Launch site: A barge located in approximate Zone. position 41°42′24.50″ N 073°56′44.16″ W (NAD 1983), approximately 420 yards north of the Mid Hudson Bridge. This Safety Zone is a 300-yard radius from the barge.

5.14 Pier 40, Hudson River Safety Zone ...... • Launch site: A barge located in approximate position 40°43′30″ N 074°01′06.7″ W (NAD 1983), in the vicinity of the Holland Tunnel Ventilator, 530 yards south of Pier 40, Man- hattan, New York. This Safety Zone is a 240-yard radius from the barge.

5.15 Fort Tryon Park, Hudson River Safety • Launch site: A barge located in approximate Zone. position 40°51′52″ N 073°56′24″ W (NAD 1983), approximately 1750 yards north of the George Washington Bridge. This Safety Zone is a 180-yard radius from the barge.

6.0 Hutchinson River

6.1 Bronx, NY Hutchinson River Safety Zone • Launch site: A barge located in approximate position 40°52′31″ N 073°49′24″ W (NAD 1983). This Safety Zone is a 120-yard radius from the barge.

7.0 Navesink River

7.1 Keyport, NJ, Safety Zone ...... Launch site: A barge located in approximate position 40°26′24″ N 074°12′18″ W (NAD 1983), approximately 200 yards north of Keyport, NJ. This Safety Zone is a 150-yard radius from the barge.

7.2 Rumson, NJ, Safety Zone ...... • Launch site: A barge located in approximate position 40°22′39.1″ N 074°01′07.3″ W (NAD 1983), approximately 600 yards south of the Oceanic Bridge. This Safety Zone is a 300-yard radius from the barge.

7.3 Red Bank, NJ, Safety Zone ...... Launch site: A barge located in approximate position 40°21′20″ N 074°04′10″ W (NAD 1983), approximately 360 yards northwest of Red Bank, NJ. This Safety Zone is a 300- yard radius from the barge.

TABLE 2 TO § 165.160

1.0 Hudson River

1.1 Hudson Valley Triathlon ...... • Event Type: Swim Event • Date: The first weekend after the 4th of July.

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TABLE 2 TO § 165.160—Continued • The following area is a safety zone: All waters of the Hudson River in the vicinity of Ulster Landing, bound by the following points: 42°00′03.7″ N, 073°56′43.1″ W; thence to 41°59′52.5″ N, 073°56′34.2″ W thence to 42°00′15.1″ N, 073°56′25.2″ W thence to 42°00′05.4″ N, 073°56′41.9″ W thence along the shoreline to the point of beginning. • This Safety Zone includes all waters within a 100-yard radius of each participating swimmer.

1.2 Newburgh Beacon Swim ...... • Event Type: Swim Event. • Date: Last weekend in July. • Rain Date: The first weekend in August. • Location: Participants will cross the Hudson River between Newburgh and Beacon, New York approximately 1300 yards south of the Newburgh-Beacon Bridges. • This Safety Zone includes all waters within a 100-yard radius of each participating swimmer.

1.3 Hudson River Swim for Life ...... • Event Type: Swim Event. • Date: 2nd weekend in September. • Location: Participants will cross the Hudson River in the vicinity of Nyack, New York between Lower Nyack Ledge and Kingsland Point, approximately 200 yards north of the Tappan Zee Bridge. • This Safety Zone includes all waters within a 100-yard radius of each participating swimmer.

1.4 Toughman Half Triathlon ...... • Event Type: Swim Event. • Date: 2nd weekend in September. • Location: Participants will swim in the vicinity of Croton Point Park, New York between Potato Rock and Harmon, New York from the shoreline out to 1000 yards. • This Safety Zone includes all waters within a 100-yard radius of each participating swimmer.

2.0 East River

2.1 Brooklyn Bridge Swim ...... • Event Type: Swim Event. • Date: 2nd or 3rd weekend in September. • Location: Participants will swim between Brooklyn and Manhattan, New York crossing the East River along the Brooklyn Bridge. • This Safety Zone includes all waters within a 100-yard radius of each participating swimmer.

3.0 Western Long Island Sound

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TABLE 2 TO § 165.160—Continued 3.1 Swim Across America ...... • Event Type: Swim Event. • Date: 4th weekend in July and 2nd weekend in August. • Location: Participants will swim between Glen Cove and Larchmont, New York and an area of Hempstead Harbor between Glen Cove and the vicinity of Umbrella Point. • This Safety Zone includes all waters within a 100-yard radius of each participating swimmer.

4.0 Upper New York Bay, Lower New York Bay

4.1 Ederle Swim ...... • Event Type: Swim Event. • Date: 2nd or 3rd weekend in October. • Location: Participants will swim between Manhattan, New York and the north shore of Sandy Hook, New Jersey transiting through the upper New York Bay, under the Verrazano-Narrows Bridge and across the Lower New York Bay. The route direction is determined by the predicted tide state and direction of current on the scheduled day of the event. • This Safety Zone includes all waters within a 100-yard radius of each participating swimmer. 4.2 Rose Pitonof Swim. • Event Type: Swim Event • Date: The 2nd weekend in August. • Location: Participants will swim between Manhattan, New York and the shore of Coney Island, New York transiting through the Upper New York Bay, under the Verrazano-Narrows Bridge and south in the Lower New York Bay. The route direction is determined by the predicted tide state and direction of current on the scheduled day of the event. • This Safety Zone includes all waters within a 100-yard radius of each participating swimmer.

[USCG–2010–1001, 76 FR 69617, Nov. 9, 2011, as amended by USCG–2015–0433, 80 FR 44283, July 27, 2015]

§ 165.161 Safety Zone; Shore (Belt) of a line drawn from 40°36′21.13″ N., Parkway Bridge Construction, Mill 073°53′47.38″ W. to 40°36′11.59″ N., Basin, Brooklyn, NY. 073°53′48.88″ W. (a) Location. The following area is a (b) Definitions. The following defini- safety zone: All waters from surface to tions apply to this section: bottom of Mill Basin within 200 yards (1) Designated representative. A ‘‘des- of the Shore (Belt) Parkway Mill Basin ignated representative’’ is any Coast bridge, east of a line drawn from Guard commissioned, warrant or petty 40°36′24.29″ N., 073°54′02.59″ W. to officer of the U.S. Coast Guard who has 40°36′11.36″ N., 073°54′04.69″ W., and west been designated by the Captain of the

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Port (COTP) New York, to act on his or (1) Designated representative. A ‘‘des- her behalf. The designated representa- ignated representative’’ is any Coast tive may be on an official patrol vessel Guard commissioned, warrant or petty or may be on shore and will commu- officer of the U.S. Coast Guard who has nicate with vessels via VHF–FM radio been designated by the Captain of the or loudhailer. In addition, members of Port (COTP) to act on his or her behalf. the Coast Guard Auxiliary may be A designated representative may be on present to inform vessel operators of an official patrol vessel or may be on this regulation. shore and will communicate with ves- (2) Official patrol vessels. Official pa- sels via VHF–FM radio or loudhailer. trol vessels may consist of any Coast In addition, members of the Coast Guard, Coast Guard Auxiliary, state, or Guard Auxiliary may be present to in- local law enforcement vessels assigned form vessel operators of this regula- or approved by the COTP. tion. (c) Enforcement periods. (1) This safety (2) Official patrol vessels. Official pa- zone is in effect permanently starting trol vessels may consist of any Coast January 7, 2016, but will only be en- Guard, Coast Guard Auxiliary, state, or forced when deemed necessary by the local law enforcement vessels assigned COTP. or approved by the COTP. (2) The COTP will rely on the meth- (c) Enforcement periods. (1) This safety ods described in § 165.7 to notify the zone is in effect permanently starting public of the enforcement of this safety January 7, 2016, but will only be en- zone. Such notifications will include forced when deemed necessary by the the date and times of enforcement, COTP. along with any pre-determined condi- (2) The Coast Guard will rely on the tions of entry. methods described in § 165.7 to notify (d) Regulations. (1) The general regu- the public of the time and duration of lations contained in § 165.23, as well as any closure of the safety zone. Viola- the regulations in paragraphs (d)(2) and tions of this safety zone may be re- (3) of this section, apply. ported to the COTP at 718–354–4353 or (2) During periods of enforcement, all on VHF-Channel 16. persons and vessels must comply with (d) Regulations. (1) The general regu- all orders and directions from the lations contained in § 165.23, as well as COTP or a COTP’s designated rep- paragraphs (d)(2) and (3) of this section, resentative. apply. (3) During periods of enforcement, (2) During periods of enforcement, all upon being hailed by a U.S. Coast persons and vessels must comply with Guard vessel by siren, radio, flashing all orders and directions from the light, or other means, the operator of COTP or a COTP’s designated rep- the vessel must proceed as directed. resentative. (3) During periods of enforcement, [USCG–2014–1044, 80 FR 76209, Dec. 8, 2015] upon being hailed by a U.S. Coast § 165.162 Safety Zone; Witt-Penn Guard vessel by siren, radio, flashing Bridge Construction, Hackensack light, or other means, the operator of River, Jersey City, NJ. the vessel must proceed as directed. (a) Location. The following area is a [USCG–2014–1008, 80 FR 76211, Dec. 8, 2015] safety zone: All waters from surface to bottom of the Hackensack River bound § 165.163 Safety Zones; Port of New by the following approximate posi- York/New Jersey Fleet Week. tions: North of a line drawn from (a) The following areas are estab- 40°44′27.4″ N., 074°05′09.8″ W. to 40°44′22.9″ lished as safety zones: N., 074°04′53.1″ W. (NJ PATH Bridge at (1) Safety Zone A—(i) Location. A mov- mile 3.0), and south of a line drawn ing safety zone for the Parade of Ships from 40°44′33.2″ N., 074°04′51.0″ W. to including all waters 500 yards ahead 40°44′28.2″ N., 074°04′42.7″ W. (500 feet and astern, and 200 yards of each side north of the new Witt-Penn Bridge) of the designated column of parade ves- (NAD 83). sels as it transits the Port of New York (b) Definitions. The following defini- and New Jersey from the Verrazano tions apply to this section: Narrows Bridge to Riverside State

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Park on the Hudson River between authority for departure by the Captain West 137th and West 144th Streets, of the Port, New York. Manhattan. (b) Effective period. This section is ef- (ii) Enforcement period. Paragraph fective annually from 8 a.m. on the (a)(1)(i) of this section is enforced an- Wednesday before Memorial Day until nually from 8 a.m. until 5 p.m. on the 4 p.m. on the Wednesday following Me- Wednesday before Memorial Day. morial Day. (2) Safety Zone B—(i) Location. A safe- (c) Regulations. (1) The general regu- ty zone including all waters of the Hud- lations contained in 33 CFR 165.23 son River between Piers 83 and 90, Man- apply. hattan, from the parade column east to (2) All persons and vessels shall com- the Manhattan shoreline. ply with the instructions of the Coast (ii) Enforcement period. Paragraph Guard Captain of the Port or the des- (a)(2)(i) of this section is enforced an- ignated on-scene-patrol personnel. nually from 8 a.m. until 5 p.m. on the these personnel comprise commis- Wednesday before Memorial Day. sioned, warrant, and petty officers of 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 safely berthed. [CGD1–98–170, 64 FR 24946, May 10, 1999, as (ii) Enforcement period. Paragraph amended by USCG–2015–0433, 80 FR 44283, (a)(3)(i) of this section is enforced an- July 27, 2015] nually from 8 a.m. until 5 p.m. on the § 165.164 Security Zones; Dignitary Ar- Wednesday before Memorial Day. rival/Departure and United Nations (4) Safety Zone D—(i) Location. A safe- Meetings, New York, NY. ty zone including all waters of the Hud- (a) Location. The following areas are son River bound by the following security zones: points: from the southeast corner of (1) Wall Street Heliport. All waters of Pier 90, Manhattan, where it intersects the East River within the following the seawall, west to approximate posi- boundaries: East of a line drawn be- tion 40°46′10″ N 074°00′13″ W (NAD 1983), tween approximate position 40°42′01″ N, south to approximate position 40°45′54″ 074°00′39″ W (east of The Battery) to N 074°00′25″ W (NAD 1983), then east to 40°41′36″ N, 074°00′52″ W (point north of the northeast corner of Pier 83 where it Governors Island) and north of a line intersects the seawall. drawn from the point north of Gov- (ii) Enforcement period. Paragraph ernors Island to the southwest corner (a)(4)(i) of this section is enforced an- of Pier 7 North, Brooklyn; and south of nually from 10 a.m. until 5 p.m., from a line drawn between 40°42′14.8″ N, Friday through Monday, Memorial Day 074°00′20.3″ W (Wall Street, Manhattan), weekend. and the northwest corner of Pier 2 (5) Safety Zone E—(i) Location. A mov- North, Brooklyn (NAD 1983). ing safety zone including all waters 500 (2) Randalls and Wards Islands: All yards ahead and astern, and 200 yards waters of the East River between the on each side of the departing U.S. Navy Hell Gate Rail Road Bridge (mile 8.2), Aircraft or Helicopter Carrier as it and a line drawn from a point at ap- transits the Port of New York and New proximate position 40°47′27.12″ N, Jersey from its mooring at the Intrepid 073°54′35.14″ W (Lawrence Point, Sea, Air and Space Museum, Manhat- Queens) to a point at approximate posi- tan, to the COLREGS Demarcation line tion 40°47′52.55″ N, 073°54′35.25″ W (Port in the vicinity of Ambrose Channel Morris Stacks), and all waters of the Lighted Bell Buoy 6 (LLNR 34805). Bronx Kill southeast of the Bronx Kill (ii) Enforcement period. Paragraph Rail Road Bridge (mile 0.6) (NAD 1983). (a)(5)(i) of this section is enforced an- (3) Marine Air Terminal, LaGuardia nually on the Wednesday following Me- Airport Security Zone: All waters of morial Day. Departure time is depend- Bowery Bay, Queens, New York, south ent on tide, weather, and granting of of a line drawn from the western end of

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LaGuardia Airport at approximate po- half. A designated representative may sition 40°46′47″ N, 073°53′05″ W to the be on a Coast Guard vessel, or onboard Rikers Island Bridge at approximate a federal, state, or local agency vessel position 40°46′51″ N, 073°53′21″ W and that is authorized to act in support of east of a line drawn between the point the Coast Guard. at the Rikers Island Bridge to a point Dignitary means the President or on the shore in Queens, New York, at Vice President of the United States, or approximate position 40°46′36″ N, visiting heads of foreign states or gov- ° ′ ″ 073 53 31 W (NAD 1983). ernments. (4) United Nations Manhattan Shore- (c) Regulations. In accordance with All waters of the East River bound line. the general regulations in 33 CFR by the following points: 40°44′37″ N, 165.33, no person or vessel may enter or 073°58′16.5″ W (the base of East 35th move within a security zone created by Street, Manhattan), then east to this section while that security zone is 40°44′34.5″ N, 073°58′10.5″ W (about 180 yards offshore of Manhattan), then being enforced unless granted permis- northeasterly to 40°45′29″ N, 073°57′26.5″ sion to do so by the Coast Guard’s First W (about 125 yards offshore of Manhat- District Commander, the COTP, or a tan at the Queensboro Bridge), then designated representative. Vessel oper- northwesterly to 40°45′31″ N, 073°57′30.5″ ators and persons given permission to W (Manhattan shoreline at the enter or operate in a security zone Queensboro Bridge), then southerly must comply with all directions given along the shoreline to the starting to them by the COTP, or a designated point at 40°44′37″ N, 073°58′16.5″ W (NAD representative. Upon being hailed by a 1983). U.S. Coast Guard or other duly author- (5) United Nations West Channel Clo- ized law enforcement vessel (e.g., New sure. All waters of the East River north York City police) by siren, radio, flash- of a line drawn from approximate posi- ing lights, or other means, the operator tion 40°44′37″ N, 073°58′16.5″ W (the base of a vessel must proceed as directed, of East 35th Street, Manhattan), to ap- and follow any instructions to anchor proximate position 40°44′31.04″ N, or moor up to a waterfront facility. 073°58′03.10″ W (approximately 400 yards (d) Enforcement periods. The security east of the Manhattan shoreline), all zone described in paragraph (a)(4) of waters west of a line drawn from ap- this section is subject to enforcement proximate position 40°44′31.04″ N, at all times. All other security zones 073°58′03.10″ W (approximately 400 yards established by this section will only be east of the Manhattan shoreline), to enforced when necessary to protect dig- the southern tip of Roosevelt Island at nitaries as determined by the COTP. approximate position 40°44′57.96″ N, (e) Notification. Because the security 073°57′41.57″ W, then along the western zone described in paragraph (a)(4) of shoreline of Roosevelt Island to the this section is subject to enforcement Queensboro Bridge, and all waters south of the Queensboro Bridge (NAD at all times, the Coast Guard will not 1983). necessarily take any action to further (6) United Nations Full River Closure. notify the public about the enforce- All waters of the East River north of a ment of that zone. As for the enforce- line drawn from approximate position ment periods for the other security 40°44′37″ N, 073°58′16.5″ W (the base of zones contained herein, the Coast East 35th Street, Manhattan), to ap- Guard will rely on the methods de- proximate position 40°44′23″ N, scribed in 33 CFR 165.7 to notify the 073°57′44.5″ W (Hunters Point, Long Is- public of the time and duration of any land City), and south of the Queensboro enforcement period. The COTP may Bridge (NAD 1983). also notify the public about enforce- (b) Definitions. ment of these security zones via http:// As used in this section— homeport.uscg.mil/newyork. Designated representative means any (f) Contact information. Vessel opera- Coast Guard commissioned, warrant, or tors desiring to enter or operate within petty officer who has been designated a security zone shall telephone the by the COTP to act on the COTP’s be- COTP at 718–354–4356 or a designated

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representative via VHF channel 16 to § 165.166 Safety Zone: Macy’s July 4th obtain permission to do so. Fireworks, East River, NY. [USCG–2013–1009, 79 FR 78308, Dec. 30, 2014] (a) Regulated area. The following area is a safety zone: All waters of the § 165.165 Regulated Navigation Area; Upper New York Bay south of a line Hudson River South of the Troy drawn from Pier A (Fireboat Station Locks, NY. Pier), Battery Park City, in approximate position 40°42′15.4″ N 074°01′06.8″ W (a) Regulated navigation area. All nav- (NAD 1983) to the easternmost corner igable waters of the Hudson River of the Ellis Island Security Zone, in ap- south of the Troy Locks. proximate position 40°41′57.6″ N (b) Definitions. The following defini- 074°02′06.7″ W (NAD 1983); north of a line tions apply to this section: drawn from Pier 7, Jersey City, NJ, in (1) Designated representative means approximate position 40°41′26.4″ N any Coast Guard commissioned, war- 074°03′17.3″ W (NAD 1983) to Liberty Is- rant, or petty officer, or a Federal, land Lighted Gong Buoy 33 (LLNR State, or local law enforcement officer 34995), in approximate position designated by or assisting the Captain 40°41′02.2″ N 074°02′24.7″ W (NAD 1983), of the Port (COTP) New York. on to Governor’s Island Extension (2) Horsepower (HP) means the total Light (LLNR 35000), in approximate po- maximum continuous shaft horsepower sition 40°41′08.3″ N 074°01′35.4″ W (NAD of all the vessel’s main propulsion ma- 1983); all waters of the East River north chinery. of a line drawn from Governors Island, ° ′ ″ (c) Applicability. This section applies in approximate position 40 41 25.3 N ° ′ ″ to tugs with less than 3,000 horsepower 074 00 42.5 W (NAD 1983) to the south- when engaged in towing operations. west corner of Pier 9A, Brooklyn; south of a line drawn from East 47th Street, (d) Regulations. (1) Except as provided Manhattan through the southern point in paragraph (c)(3) of this section, ves- of Roosevelt Island to 46 Road, Queens; sels less than 3,000 horsepower while and all waters of Newtown Creek west engaged in towing operations are not of the Pulaski Bascule Bridge. authorized to transit that portion of (b) Activation period. This section is the Hudson River south of the Troy activated annually from 6:30 p.m. until Locks when ice thickness on average is 11:30 p.m. on July 4th. If the event is eight inches or greater. cancelled due to inclement weather (2) All Coast Guard assets enforcing then this section is in effect from 6:30 this Regulated Navigation Area can be p.m. until 11:30 p.m. on July 5th. contacted on VHF marine band radio, (c) Regulations. (1) The general regu- channel 13 or 16. The COTP can be con- lations contained in 33 CFR 165.23 tacted at (718) 354–4356, and the public apply. may contact the COTP to suggest (2) No vessels, except the Staten Is- changes or improvements in the terms land Ferries, will be allowed to transit of this Regulated Navigation Area. the safety zone without the permission (3) All persons desiring to transit of the Captain of the Port, New York. through a portion of the regulated area (3) All persons and vessels shall com- that has operating restrictions in ef- ply with the instructions of the Coast fect must contact the COTP at tele- Guard Captain of the Port or the des- phone number (718) 354–4356 or on VHF ignated on-scene patrol personnel. channel 13 or 16 to seek permission These personnel comprise commis- prior to transiting the affected regu- sioned, warrant, and petty officers of lated area. the Coast Guard. Upon being hailed by (4) The COTP will notify the public of a U.S. Coast Guard vessel by siren, any changes in the status of this Regu- radio, flashing light, or other means, lated Navigation Area by Marine Safe- the operator of a vessel shall proceed ty Information Broadcast on VHF–FM as directed. (4) Vessels equal to or greater than 20 marine band radio, channel 22A (157.1 meters (65.6 feet) in length, carrying MHZ). persons for the purpose of viewing the [USCG–2010–0794, 76 FR 8656, Feb. 15, 2011] fireworks, may take position in an area

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inside the safety zone, at least 200 measured from the outboard side of the yards off the bulkhead on the west commercial vessel. bank and just off the pierhead faces on (iii) Regulations. (A) Vessels not ac- the east bank of the East River be- tively engaged in passenger, cargo, pro- tween the Williamsburg Bridge and vision, facility maintenance or inspec- North 9th Street, Brooklyn. This area tion, bunker transfer operations, or is bound by the following points: docking or undocking operations, au- 40°42′45.5″ N 073°58′07.4″ W; thence to thorized in advance by the Facility Se- 40°42′50.4″ N 073°58′23.2″ W; thence to curity Plan, Facility Security Officer 40°43′23.1″ N 073°58′12.7″ W; thence to or designated representative, must not 40°43′21.5″ N 073°57′45.7″ W; (NAD 1983) enter within any part of a zone de- thence back to the point of beginning. scribed in paragraph (a)(3) of this sec- All vessels must be in this location by tion without the express permission of 6:30 p.m. (e.s.t.) the day of the event. the Coast Guard Captain of the Port, a designated representative or des- [CGD01–00–242, 66 FR 20405, Apr. 23, 2001, as ignated on-scene patrol personnel. amended by CGD01–05–017, 70 FR 35536, June (B) Persons seeking Captain of the 21, 2005; USCG–2015–0433, 80 FR 44283, July 27, 2015] Port permission to enter within a particular zone for official business other § 165.169 Safety and Security Zones: than authorized passenger, cargo, pro- New York Marine Inspection Zone vision, facility maintenance or inspec- and Captain of the Port Zone. tion, bunker transfer operations or authorized 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.

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(6) New York City Passenger Ship Ter- thence to 40°47′13.0″ N, 073°53′16.1″ W on minal, Hudson River, NY—(i) Location. Rikers Island, thence easterly along All navigable waters of the Hudson the Rikers Island shoreline to approxi- River bound by the following points: mate position 40°47′12.9″ N, 073°52′17.9″ From the point 40°46′09″ N, 073°59′48.7″ W, thence to 40°47′16.7″ N, 073°52′09.2″ W, W on the seawall midway between Pier thence to 40°47′36.1″ N, 073°51′52.5″ W, 92 and 94, thence northwest to approxi- thence to 40°47′35.1″ N, 073°51′50.5″ W, mate position 40°46′14″ N, 074°00′00.9″ W, thence to 40°47′15.9″ N, 073°52′06.4″ W, approximately 125 yards northwest of thence to 40°47′14.5″ N, 073°52′03.1″ W, Pier 92, thence southwest to approxi- thence to 40°47′10.6″ N, 073°52′06.7″ W, mate position 40°45′56.7″ N, 074°00′15.3″ thence to 40°47′01.9″ N, 073°52′02.4″ W, W, approximately 150 yards west of thence to 40°46′50.4″ N, 073°52′08.1″ W, Pier 86, thence east to the seawall be- thence to 40°46′26.8″ N, 073°51′18.5″ W, tween Pier 84 and Pier 86 at approxi- thence to 40°45′57.2″ N, 073°51′01.8″ W, mate position 40°45′49.6″ N, 073°59′58.1″ thence to 40°45′51.2″ N, 073°50′59.6″ W, W (NAD 1983), thence northeast along thence to 40°45′49.5″ N, 073°51′07.2″ W, the shoreline to the point of origin. thence to 40°45′58.8″ N, 073°51′13.2″ W, (ii) Regulations. Vessels not actively thence to 40°46′02.3″ N, 073°51′20.1″ W, engaged in passenger, cargo, provision, thence to 40°45′48.4″ N, 073°51′37.0″ W, facility maintenance or inspection, (NAD 1983) thence along the shoreline bunker transfer operations, or docking to the point of origin. or undocking operations, authorized in (ii) Location: 100-Yard Zone. All advance by the Facility Security Plan, waters of Bowery and Flushing Bays Facility Security Officer or designated within approximately 100 yards of La representative, must not enter within Guardia Airport bound by the following any part of a zone described in para- points: Onshore at Steinway, Queens, graph (a)(6) of this section without the in approximate position 40°46′32.1″ N, express permission of the Coast Guard 073°53′22.4″ W, thence to 40°46′50.6″ N, Captain of the Port, a designated rep- 073°53′07.3″ W, thence to 40°46′53.0″ N, resentative or designated on-scene pa- 073°52′50.9″ W, thence to 40°46′57.6″ N, trol personnel. Persons seeking Cap- 073°52′47.9″ W, thence to 40°47′11.8″ N, tain of the Port permission to enter 073°53′17.3″ W, thence to 40°47′13.0″ N, within the zone described in paragraph 073°53′16.1″ W on Rikers Island, thence (a)(6) of this section for official busi- easterly along the Rikers Island shore- ness other than authorized passenger, line to approximate position 40°47′12.9″ cargo, provision, facility maintenance N, 073°52′17.9″ W, thence to 40°47′16.7″ N, or inspection, bunker transfer oper- 073°52′09.2″ W, thence to 40°47′36.1″ N, ations or authorized docking or 073°51′52.5″ W, thence to 40°47′35.1″ N, undocking operations may request 073°51′50.5″ W, thence to 40°47′15.9″ N, such authorization by contacting: 073°52′06.4″ W, thence to 40°47′14.5″ N, Commander Coast Guard Sector New 073°52′03.1″ W, thence to 40°47′07.9″ N, York, via the Sector Command Center 073°52′09.2″ W, thence to 40°47′01.4″ N, (SCC), at: 212 Coast Guard Drive, Stat- 073°52′06.1″ W, thence to 40°46′50.0″ N, en Island, NY 10305, or via fax to (718) 073°52′14.6″ W, thence to 40°46′22.2″ N, 354–4125 or by contacting the Sector 073°51′16.0″ W, thence to 40°45′57.2″ N, Command Center Duty Officer by 073°51′01.8″ W, thence to 40°45′52.4″ N, phone at: (718) 354–4353. 073°51′00.2″ W, thence to 40°45′50.6″ N, (7) La Guardia Airport, Bowery and 073°51′07.9″ W, thence to 40°45′58.8″ N, Flushing Bays, Queens, NY. (i) Location: 073°51′13.2″ W, thence to 40°46′04.0″ N, 200-Yard Zone. All waters of Bowery 073°51′23.3″ W, thence to 40°45′51.2″ N, and Flushing Bays within approxi- 073°51′38.8″ W, (NAD 1983) thence along mately 200 yards of La Guardia Airport the shoreline to the point of origin. bound by the following points: Onshore (iii) Enforcement period. The zones de- at Steinway, Queens, in approximate scribed in paragraph (a)(7) of this sec- position 40°46′32.1″ N, 073°53′22.4″ W, tion will be effective at all times. When thence to 40°46′52.8″ N, 073°53′09.3″ W, port security conditions permit, the thence to 40°46′54.8″ N, 073°52′54.2″ W, Captain of the Port will allow vessels thence to 40°46′59.3″ N, 073°52′51.3″ W, to operate within that portion of the thence to 40°47′11.8″ N, 073°53′17.3″ W, waters described in paragraph (a)(7)(i)

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that lies outside of the waters de- 073°46′26.7″ W, thence to 40°37′14.1″ N, scribed in paragraph (a)(7)(ii). Author- 073°46′10.8″ W, thence to 40°37′40.0″ N, ization to enter the waters that lie be- 073°45′55.6″ W, thence to 40°38′02.8″ N, tween the outer boundaries of the 073°44′57.5″ W, thence to 40°38′05.1″ N, zones described in paragraphs (a)(7)(i) 073°45′00.3″ W, (NAD 1983) thence along and (a)(7)(ii) will be communicated by the shoreline to the point of origin. the Captain of the Port to the public (v) Enforcement period. The zones de- by marine broadcast, or local notice to scribed in paragraphs (a)(8) of this sec- mariners, or notice posted at http:// tion will be effective at all times. When homeport.uscg.mil/newyork. port security conditions permit, the (8) John F. Kennedy Airport, Jamaica Captain of the Port will allow vessels Bay, Queens, NY. (i) Location: Bergen to operate within that portion of the Basin. All waters of Bergen Basin north waters described in paragraph (a)(8)(iii) ° ′ ″ of 40 39 26.4 N. that lies outside of the waters de- (ii) Location: Thurston Basin. All scribed in paragraph (a)(8)(iv). Author- waters of Thurston Basin north of ization to enter the waters that lie be- ° ′ ″ 40 38 21.2 N. tween the outer boundaries of the (iii) Location: 200-Yard Zone. All zones described in paragraphs (a)(8)(iii) waters 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, 073°47′35.1″ W, thence to 40°37′52.3″ N, Neck, Eastchester Bay, NY. (i) Location: 073°47′55.0″ W, thence to 40°37′50.3″ N, 150-Yard Zone. All waters of 073°47′53.5″ W, thence to 40°37′59.4″ N, Eastchester Bay within approximately 073°47′32.6″ W, thence to 40°37′46.1″ N, 150 yards of Rodman Neck bound by the 073°47′07.2″ W, thence to 40°37′19.5″ N, following points: Onshore in approxi- ° ′ ″ ° ′ ″ 073°47′30.4″ W, thence to 40°37′05.5″ N, mate position 40 51 30.4 N, 073 48 14.9 ° ′ ″ ° ′ ″ 073°47′03.0″ W, thence to 40°37′34.7″ N, W, thence to 40 51 29.9 N, 073 48 20.7 W, ° ′ ″ ° ′ ″ 073°46′40.6″ W, thence to 40°37′20.5″ N, thence to 40 51 16.9 N, 073 48 22.5 W, ° ′ ″ ° ′ ″ 073°46′23.5″ W, thence to 40°37′05.7″ N, thence to 40 51 07.5 N, 073 48 18.7 W, ° ′ ″ ° ′ ″ 073°46′34.9″ W, thence to 40°36′54.8″ N, thence to 40 50 54.2 N, 073 48 11.1 W, ° ′ ″ ° ′ ″ 073°46′26.7″ W, thence to 40°37′14.1″ N, thence to 40 50 48.5 N, 073 48 04.6 W, ° ′ ″ ° ′ ″ 073°46′10.8″ W, thence to 40°37′36.9″ N, thence to 40 50 49.2 N, 073 47 56.5 W, ° ′ ″ ° ′ ″ 073°45′52.8″ W, thence to 40°38′00.8″ N, thence to 40 51 03.6 N, 073 47 47.3 W, 073°44′54.9″ W, thence to 40°38′05.1″ N, thence to 40°51′15.7″ N, 073°47′46.8″ W, 073°45′00.3″ W, (NAD 1983) thence along thence to 40°51′23.5″ N, 073°47′41.9″ W, the shoreline to the point of origin. (NAD 1983) thence southwesterly along (iv) Location: 100-Yard Zone. All the shoreline to the point of origin. waters of Jamaica Bay within approxi- (ii) Location: 100-Yard Zone. All mately 100 yards of John F. Kennedy waters of Eastchester Bay within ap- Airport bound by the following points: proximately 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.

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(iii) Enforcement period. The zones de- (iii) Regulations. (A) The area described in paragraph (a)(9) of this sec- scribed in paragraph (a)(12) of this section will be effective at all times. When tion is not a Federal Anchorage port security conditions permit, the Ground. Only vessels directed by the Captain of the Port will allow vessels Captain of the Port or his or her des- to operate within that portion of the ignated representative to enter this waters described in paragraph (a)(9)(i) zone are authorized to anchor here. that lies outside of the waters de- (B) Vessels do not need permission scribed in paragraph (a)(9)(ii). Author- from the Captain of the Port to transit ization to enter the waters that lie be- the area described in paragraph (a)(12) tween the outer boundaries of the of this section during periods when zones described in paragraphs (a)(9)(i) that security zone is not being en- and (a)(9)(ii) will be communicated by forced. the Captain of the Port to the public (13) Liquefied Hazardous Gas (LHG) by marine broadcast, local notice to Vessels—(i) Definitions. For the purposes mariners, or notice posted at http:// of this section, LHG Vessel means any homeport.uscg.mil/newyork. vessel constructed or converted to (10) Port Newark/Port Elizabeth, New- carry, in bulk, any of the flammable or ark Bay, NJ. All waters of Newark Bay toxic products listed in 33 CFR 127.005, bound by the following points: Table 127.005. 40°41′49.9″ N, 074°07′32.2″ W, thence to (ii) Location. All waters within a 200- 40°41′46.5″ N, 074°07′20.4″ W, thence to yard radius of any LHG Vessel that is 40°41′10.7″ N, 074°07′45.9″ W, thence to underway and all waters within a 100- 40°40′54.3″ N, 074°07′55.7″ W, thence to yard radius of any LHG Vessel that is 40°40′36.2″ N, 074°08′03.8″ W, thence to moored or at anchor. 40°40′29.1″ N, 074°08′06.3″ W, thence to (iii) Enforcement period. The zone de- 40°40′21.9″ N, 074°08′10.0″ W, thence to scribed in paragraph (a)(13) of this sec- 40°39′27.9″ N, 074°08′43.6″ W, thence to tion will be activated upon entry of a 40°39′21.5″ N, 074°08′50.1″ W, thence to LHG Vessel into the navigable waters 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.

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(iii) Enforcement period. The zone de- Vessels carrying government officials, scribed in paragraph (a)(14) of this sec- dignitaries, or other passengers requir- tion will be activated upon entry of ing protection, and passenger vessels any cruise ship into the navigable authorized to carry more than 400 pas- waters of the United States (see 33 CFR sengers and are less than 200 feet in 2.36(a) to include the 12 NM territorial length will be recognizable by their sea) in the New York Captain of the being escorted by a federal, state or Port Zone (33 CFR 3.05–30). This zone local law enforcement or security ves- will remain activated at all times sel. The law enforcement or security while the cruise ship is within the nav- vessel will be identifiable by flashing igable waters of the United States in light, siren, flags, markings and/or the New York Captain of the Port through other means that clearly iden- Zone. tify the vessel as engaged in law en- (15) Designated Vessels—(i) Definition. forcement or security operations. For the purposes of this section, Des- (16) 134th Street Pipeline Metering and ignated Vessels are vessels carrying gov- Regulating Station—(i) Location. All ernment officials, dignitaries, or other waters of the Hudson River within 25 passengers requiring protection by the yards of the 134th Street Pipeline Me- U.S. Secret Service, or other Federal, tering and Regulating Station. State or local law enforcement agency; (ii) Regulations. (A) Vessels not ac- barges or ships carrying petroleum tively engaged in facility maintenance products, chemicals, or other haz- or inspection operations authorized in ardous cargo; and passenger vessels (as advance by the Pipeline Security Offi- defined in 46 U.S.C. 2101(22)), that are cer or designated representative, or au- authorized to carry more than 400 pas- thorized docking or undocking oper- sengers and are less than 200 feet in ations, must not enter within any part length. of a zone described in paragraph (a)(16) (ii) Location. All waters within a 100- of this section without the express per- yard radius of any Designated Vessel. mission of the Coast Guard Captain of (iii) Enforcement period. The zone de- the Port, a designated representative scribed in paragraph (a)(15) of this sec- or designated on-scene patrol per- tion will be activated upon entry of sonnel. any Designated Vessel into the navi- (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, proof 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

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a barge, ferry, or other commercial the Port or his or her designated rep- vessel is conducting transfer oper- resentative. ations at a waterfront heliport, the 25- [CGD01–02–132, 68 FR 2890, Jan. 22, 2003, as yard zone is measured from the out- amended by CGD01–03–036, 69 FR 2670, Jan. 20, board side of the commercial vessel. 2004; CGD01–03–020, 69 FR 23306, June 15, 2004; (ii) Regulations. (A) Vessels not ac- USCG–2008–0179, 73 FR 35017, June 19, 2008; tively engaged in passenger, cargo, pro- USCG–2007–0074, 74 FR 7191, Feb. 13, 2009] vision, facility maintenance or inspec- § 165.171 Safety Zones for fireworks tion, bunker transfer operations, or displays and swim events held in docking or undocking operations, au- Coast Guard Sector Northern New thorized in advance by the Facility Se- England Captain of the Port Zone. curity Plan, Facility Security Officer The Coast Guard is establishing safe- or designated representative, must not ty zones for the fireworks displays list- enter within any part of a zone de- ed in the Table to § 165.171. These regu- scribed in paragraph (a)(17) of this sec- lations will be enforced for the duration without the express permission of tion of each event, on or about the the Coast Guard Captain of the Port, a dates indicated in the Table to § 165.171. designated representative, or des- Mariners should consult their Local ignated on-scene patrol personnel. Notice to Mariners to remain apprised (B) Persons seeking Captain of the of the specific calendar date upon Port permission to enter within a par- which the listed event falls for each ticular zone for official business other calendar year and other specific infor- than authorized passenger, cargo, pro- mation concerning the event. First vision, facility maintenance or inspec- Coast Guard District Local Notice to tion, bunker transfer operations or au- Mariners can be found at: http:// thorized docking or undocking oper- www.navcen.uscg.gov/. The Sector ations may request such authorization Northern New England Marine Events by contacting: Commander Coast schedule can also be viewed electroni- Guard Sector New York, via the Sector cally at www.homeport.uscg.mil. Command Center (SCC), at: 212 Coast NOTE TO INTRODUCTORY TEXT OF § 165.171: Guard Drive, Staten Island, NY 10305, Although listed in the Code of Federal Regu- or via fax to (718) 354–4125 or by con- lations, sponsors of events listed in the Table tacting the Sector Command Center to § 165.171 shall submit an application each year in accordance with 33 CFR 100.15. Duty Officer by phone at: (718) 354–4353. (C) Vessels entering or departing the (a) The Coast Guard may patrol each marina north of the Newport Helistop event area under the direction of a des- are authorized to transit through the ignated Coast Guard Patrol Com- safety/security zone around the New- mander. The Patrol Commander may port Helistop during their transit, pro- be contacted on Channel 16 VHF–FM vided that helicopters are not taking (156.8 MHz) by the call sign ‘‘PATCOM.’’ The ‘‘official patrol ves- off or landing. No loitering or unneces- sels’’ may consist of any Coast Guard, sary delay is authorized during these Coast Guard Auxiliary, state, or local transits. law enforcement vessels assigned or ap- (b) Regulations. (1) Entry into or re- proved by the Captain of the Port, Sec- maining in a safety or security zone is tor Northern New England. prohibited unless authorized by the (b) Vessels may not transit the regu- Coast Guard Captain of the Port, New lated areas without Patrol Commander York. approval. Vessels permitted to transit (2) Persons desiring to transit the must operate at a no wake speed, in a area of a safety or security zone may manner which will not endanger par- contact the Captain of the Port at tele- ticipants or other crafts in the event. phone number 718–354–4088 or on VHF (c) Spectators or other vessels shall channel 14 (156.7 MHz) or VHF channel not anchor, block, loiter, or impede the 16 (156.8 MHz) to seek permission to movement of event participants or offi- transit the area. If permission is grant- cial patrol vessels in the regulated ed, all persons and vessels must comply areas during the effective dates and with the instructions of the Captain of times, or dates and times as modified

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through the Local Notice to Mariners, tion may be justified as a result of unless authorized by an official patrol weather, traffic density, spectator op- vessel. eration or participant behavior. (d) The Patrol Commander may con- (f) For all swim events listed, vessels trol the movement of all vessels in the not associated with the event shall regulated area. When hailed or signaled maintain a separation zone of 200 feet by an official patrol vessel, a vessel from participating swimmers. shall come to an immediate stop and (g) For all fireworks displays listed comply with the lawful directions below, the regulated area is that area issued. Failure to comply with a lawful direction may result in expulsion from of navigable waters within a 350 yard the area, citation for failure to comply, radius of the launch platform or launch or both. site for each fireworks display. (e) The Patrol Commander may delay (h) The specific calendar date upon or terminate any event in this subpart which the listed event falls will be pub- at any time to assure safety. Such ac- lished in the FEDERAL REGISTER.

TABLE TO § 165.171

5.0 MAY

5.1 Ride into Summer ...... • Event Type: Fireworks Display. • Sponsor: Gardiner Maine Street. • Date: One night event between the 15th of May and the 15th of June.1 • Time (Approximate): 8:00 p.m. to 10:00 p.m. • Location: In the vicinity of the Gardiner Waterfront, Gardiner, Maine in approximate position (NAD 83): 44°13′52″ N., 069°46′08″ W.

6.0 JUNE

6.1 Rotary Waterfront Days Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Gardiner Rotary. • Date: Two night event on a Wednesday and Saturday in June.1 • Time (Approximate): 8:00 p.m. to 10:00 p.m. • Location: In the vicinity of the Gardiner Waterfront, Gardiner, Maine in approximate position (NAD 83): 44°13′52″ N., 069°46′08″ W. 6.2 LaKermesse Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Ray Gagne. • Date: One night event in June.1 • Time (Approximate): 8:00 p.m. to 10:00 p.m. • Location: Biddeford, Maine in approximate position (NAD 83): 43°29′37″ N., 070°26′47″ W. 6.3 Windjammer Days Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Boothbay Harbor Region Chamber of Commerce • Date: One night event in June.1 • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of McFarland Island, Boothbay Har- bor, Maine in approximate position (NAD 83): 43°50′38″ N., 069°37′57″ W.

7.0 JULY

7.1 Vinalhaven 4th of July Fireworks ...... • Event Type: Firework Display. • Sponsor: Vinalhaven 4th of July Committee. • Date: One night event in July.1 • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of Grime’s Park, Vinalhaven, Maine in approximate position (NAD 83): 44°02′34″ N., 068°50′26″ W. 7.2 Burlington Independence Day Fireworks ...... • Event Type: Firework Display. • Sponsor: City of Burlington, Vermont • Date: One night event in July.1 • Time (Approximate): 9:00 p.m. to 11:00 p.m. • Location: From a barge in the vicinity of Burlington Harbor, Burlington, Vermont in approximate position (NAD 83): 44°28′31″ N., 073°13′31″ W. 7.3 Camden 3rd of July Fireworks ...... • Event Type: Fireworks Display.

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TABLE TO § 165.171—Continued • Sponsor: Camden, Rockport, Lincolnville Chamber of Com- merce. • Date: One night event in July.1 • Time (Approximate): 8:00 p.m. to 10:00 p.m. • Location: In the vicinity of Camden Harbor, Maine in approximate position (NAD 83): 44°12′32″ N., 069°02′58″ W. 7.4 Bangor 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Bangor 4th of July Fireworks. • Date: One night event in July.1 • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of the Bangor Waterfront, Bangor, Maine in approximate position (NAD 83): 44°47′27″ N., 068°46′31″ W. 7.5 Bar Harbor 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Bar Harbor Chamber of Commerce. • Date: One night event in July.1 • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of Bar Harbor TownPier, Bar Harbor, Maine in approximate position (NAD 83): 44°23′31″ N., 068°12′15″ W. 7.6 Boothbay Harbor 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Boothbay Harbor. • Date: One night event in July.1 • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of McFarland Island, Boothbay Har- bor, Maine in approximate position (NAD 83): 43°50′38″ N., 069°37′57″ W. 7.7 Colchester 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Colchester, Recreation Department. • Date: One night event in July.1 • Time (Approximate): 8:00 p.m. to 10:00 p.m. • Location: In the vicinity of Bayside Beach and Malletts Bay in Colchester, Vermont in approximate position (NAD 83): 44°32′44″ N., 073°13′10″ W. 7.8 Eastport 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Eastport 4th of July Committee. • Date: One night event in July.1 • Time (Approximate): 9:00 p.m. to 9:30 p.m. • Location: From the Waterfront Public Pier in Eastport, Maine in approximate position (NAD 83): 44°54′25″ N., 066°58′55″ W. 7.9 Ellis Short Sand Park Trustee Fireworks ...... • Event Type: Fireworks Display. • Sponsor: William Burnham. • Date: One night event in July.1 • Time (Approximate): 8:30 p.m. to 11:00 p.m. • Location: In the vicinity of York Beach, Maine in approximate position (NAD 83): 43°10′27″ N., 070°36′26″ W. 7.10 Hampton Beach 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Hampton Beach Village District. • Date: One night event in July.1 • Time (Approximate): 8:30 p.m. to 11:00 p.m. • Location: In the vicinity of Hampton Beach, New Hampshire in approximate position (NAD 83): 42°54′40″ N., 070°36′25″ W. 7.11 Jonesport 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Jonesport 4th of July Committee. • Date: One night event in July.1 • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of Beals Island, Jonesport, Maine in approximate position (NAD 83): 44°31′18″ N., 067°36′43″ W. 7.12 Lubec Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Lubec, Maine. • Date: One night event in July.1 • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of the Lubec Public Boat Launch in approximate position (NAD 83): 44°51′52″ N., 066°59′06″ W. 7.13 Main Street Heritage Days 4th of July Fireworks ...... • Event Type: Fireworks Display • Sponsor: Main Street Inc. • Date: One night event in July.1 • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of Reed and Reed Boat Yard, Woolwich, Maine in approximate position (NAD 83): 43°54′56″ N., 069°48′16″ W. 7.14 Portland Harbor 4th of July Fireworks ...... • Event Type: Fireworks Display.

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TABLE TO § 165.171—Continued • Sponsor: Department of Parks and Recreation, Portland, Maine. • Date: One night event in July.1 • Time (Approximate): 8:30 p.m. to 10:30 p.m. • Location: In the vicinity of East End Beach, Portland, Maine in approximate position (NAD 83): 43°40′16″ N., 070°14′44″ W. 7.15 St. Albans Day Fireworks ...... • Event Type: Fireworks Display. • Sponsor: St. Albans Area Chamber of Commerce. • Date: One night event in July.1 • Time (Approximate): 9:00 p.m. to 10:00 p.m. • Location: From the St. Albans Bay dock in St. Albans Bay, Vermont in approximate position (NAD 83): 44°48′25″ N., 073°08′23″ W. 7.16 Stonington 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Deer Isle–Stonington Chamber of Commerce. • Date: One night event in July.1 • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of Two Bush Island, Stonington, Maine in approximate position (NAD 83): 44°08′57″ N., 068°39′54″ W. 7.17 Southwest Harbor 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Sharon Gilley. • Date: One night event in July.1 • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: Southwest Harbor, Maine in approximate position (NAD 83): 44°16′25″ N., 068°19′21″ W. 7.18 Prentice Hospitality Group Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Prentice Hospitality Group. • Date: One night event in July.1 • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: Chebeague Island, Maine in approximate position (NAD 83): 43°45′12″ N., 070°06′27″ W. 7.19 Shelburne Triathlons ...... • Event Type: Swim Event. • Sponsor: Race Vermont. • Date: Up to three Saturdays throughout July and August.1 • Time (Approximate): 7:00 a.m. to 11:00 a.m. • Location: The regulated area includes all waters of Lake Champlain in the vicinity of Shelburne Beach in Shelburne, Vermont within a 400 yard radius of the following point (NAD 83): 44°21′45″ N., 075°15′58″ W. 7.20 St. George Days Fireworks ...... • Event Type: Fireworks. • Sponsor: Town of St. George. • Date: One night event in July.1 • Time (Approximate): 8:30 p.m. to 10:30 p.m. • Location: The regulated area includes all waters of Inner Tenants Harbor, ME, in approximate position (NAD 83): 43°57′42″ N., 069°12′47″ W. 7.21 Tri for a Cure Swim Clinics and Triathlon ...... • Event Type: Swim Event. • Sponsor: Maine Cancer Foundation. • Date: A multi-day event held throughout July.1 • Time (Approximate): 8:30 a.m. to 11:30 a.m. • Location: The regulated area includes all waters of Portland Harbor, Maine in the vicinity of Spring Point Light within the following points (NAD 83): 43°39′01″ N., 070°13′32″ W. 43°39′07″ N., 070°13′29″ W. 43°39′06″ N., 070°13′41″ W. 43°39′01″ N., 070°13′36″ W. 7.22 Richmond Days Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Richmond, Maine. • Date: A one day event in July.1 • Time (Approximate): 8:00 p.m. to 10:00 p.m. • Location: From a barge in the vicinity of the inner harbor, Tenants Harbor, Maine in approximate position (NAD 83): 44°08′42″ N., 068°27′06″ W. 7.23 Colchester Triathlon ...... • Event Type: Swim Event. • Sponsor: Colchester Parks and Recreation Department. • Date: A one day event in July.1 • Time (Approximate): 7:00 a.m. to 11:00 a.m. • Location: The regulated area includes all waters of Malletts Bay on Lake Champlain, Vermont within the following points (NAD 83): 44°32′18″ N., 073°12′35″ W.

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TABLE TO § 165.171—Continued 44°32′28″ N., 073°12′56″ W. 44°32′57″ N., 073°12′38″ W. 7.24 Peaks to Portland Swim...... • Event Type: Swim Event. • Sponsor: Cumberland County YMCA. • Date: A one day event in July.1 • Time (Approximate): 5:00 a.m. to 1:00 p.m. • Location: The regulated area includes all waters of Portland Harbor between Peaks Island and East End Beach in Port- land, Maine within the following points (NAD 83): 43°39′20″ N., 070°11′58″ W. 43°39′45″ N., 070°13′19″ W. 43°40′11″ N., 070°14′13″ W. 43°40′08″ N., 070°14′29″ W. 43°40′00″ N., 070°14′23″ W. 43°39′34″ N., 070°13′31″ W. 43°39′13″ N., 070°11′59″ W. 7.25 Friendship Days Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Friendship. • Date: A one day event in July.1 • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of the Town Pier, Friendship Harbor, Maine in approximate position (NAD 83): 43°58′23″ N., 069°20′12″ W. 7.26 Bucksport Festival and Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Bucksport Bay Area Chamber of Commerce. • Date: A one day event in July.1 • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of the Verona Island Boat Ramp, Verona, Maine, in approximate position (NAD 83): 44°34′90″ N., 068°47′28″ W. 7.27 Nubble Light Swim Challenge ...... • Event Type: Swim Event. • Sponsor: Nubble Light Challenge. • Date: A one day event in July.1 • Time (Approximate): 9:00 a.m. to 12:30 p.m. • Location: The regulated area includes all waters around Cape Neddick, Maine and within the following coordinates (NAD 83): 43°10′28″ N., 070°36′26″ W. 43°10′34″ N., 070°36′06″ W. 43°10′30″ N., 070°35′45″ W. 43°10′17″ N., 070°35′24″ W. 43°09′54″ N., 070°35′18″ W. 43°09′42″ N., 070°35′37″ W. 43°09′51″ N., 070°37′05″ W. 7.28 Paul Coulombe Anniversary Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Paul Coulombe. • Date: A one day event in July.1 • Time: 8:00 p.m. to 11:30 p.m. • Location: In the vicinity of Pratt Island, Southport, ME, in approximate position (NAD 83): 43°48′44″ N., 069°41′11″ W. 7.29 Castine 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Randy Sterns. • Date: One night event in July.1 • Time (Approximate): 9:00 p.m. to 10:30 p.m. • Location: In the vicinity of the town dock in the Castine Har- bor, Castine, Maine in approximate position (NAD 83): 44°23′10″ N., 068°47′28″ W.

8.0 AUGUST

8.1 Sprucewold Cabbage Island Swim ...... • Event Type: Swim Event. • Sponsor:Sprucewold Association. • Date: A one day event in August.1 • Time (Approximate): 1:00 p.m. to 6:00 p.m. • Location: The regulated area includes all waters of Linekin Bay between Cabbage Island and Sprucewold Beach in Boothbay Harbor, Maine within the following points (NAD 83): 43°50′37″ N., 069°36′23″ W. 43°50′37″ N., 069°36′59″ W. 43°50′16″ N., 069°36′46″ W. 43°50′22″ N., 069°36′21″ W. 8.2 Westerlund’s Landing Party Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Portside Marina.

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TABLE TO § 165.171—Continued • Date: A one day event in August.1 • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of Westerlund’s Landing in South Gardiner, Maine in approximate position (NAD 83): 44°10′19″ N., 069°45′24″ W. 8.3 Y-Tri Triathlon ...... • Event Type: Swim Event. • Sponsor: Plattsburgh YMCA. • Date: A one day event in August.1 • Time (Approximate): 9:00 a.m. to 10:00 a.m. • Location: The regulated area includes all waters of Treadwell Bay on Lake Champlain in the vicinity of Point Au Roche State Park, Plattsburgh, New York within the following points (NAD 83): 44°46′30″ N., 073°23′26″ W. 44°46′17″ N., 073°23′26″ W. 44°46′17″ N., 073°23′46″ W. 44°46′29″ N., 073°23′46″ W. 8.4 York Beach Fire Department Fireworks ...... • Event Type: Fireworks Display. • Sponsor: York Beach Fire Department. • Date: A one day event in August.1 • Time (Approximate): 8:30 p.m. to 11:30 p.m. • Location: In the vicinity of Short Sand Cove in York, Maine in approximate position (NAD 83): 43°10′27″ N., 070°36′25″ W. 8.5 Rockland Breakwater Swim ...... • Event Type: Swim Event. • Sponsor: Pen-Bay Masters. • Date: A one day event in August.1 • Time (Approximate): 7:30 a.m. to 1:30 p.m. • Location: The regulated area includes all waters of Rockland Harbor, Maine in the vicinity of Jameson Point within the following points (NAD 83): 44°06′16″ N., 069°04′39″ W. 44°06′13″ N., 069°04′36″ W. 44°06′12″ N., 069°04′43″ W. 44°06′17″ N., 069°04′44″ W. 44°06′18″ N., 069°04′40″ W. 8.6 Tri for Preservation ...... • Event Type: Swim Event. • Sponsor: Tri-Maine Productions. • Date: A one day event in August.1 • Time (Approximate): 7:30 a.m. to 9:00 a.m. • Location: In the vicinity of Crescent Beach State Park inCape Elizabeth, Maine in approximate position (NAD 83): 43°33′46″ N., 070°13′48″ W. 43°33′41″ N., 070°13′46″ W. 43°33′44″ N., 070°13′40″ W. 43°33′47″ N., 070°13′46″ W. 8.7 North Hero Air Show ...... • Event Type: Air Show. • Sponsor: North Hero Fire Department. • Date: A one day event in August.1 • Time (Approximate): 10:00 a.m. to 5:00 p.m. • Location: In the vicinity of Shore Acres Dock, North Hero, Vermont in approximate position (NAD 83): 44°48′24″ N., 073°17′02″ W. 44°48′22″ N., 073°16′46″ W. 44°47′53″ N., 073°16′54″ W. 44°47′54″ N., 073°17′09″ W. 8.8 Islesboro Crossing Swim ...... • Event Type: Swim Event. • Sponsor: Lifeflight Foundation. • Date: A one day event in August.1 • Time: (Approximate): 6:00 a.m. to 11:00 a.m. • Location: West Penobscot Bay from Ducktrap Beach, Lincolnville, ME to Grindel Point, Islesboro, ME, in approximate position (NAD 83): 44°17′44″ N., 069°00′11″ W. 44°16′58″ N., 068°56′35″ W. 8.9 Paul Columbe Party Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Paul Columbe. • Date: A one day event in August.1 • Time (Approximate): 9:00 p.m. to 10:30 p.m. • Location: From a barge in the vicinity of Pratt Island, Southport, Maine in approximate position (NAD 83): 43°48′69″ N., 069°41′18″ W.

9.0 SEPTEMBER

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TABLE TO § 165.171—Continued 9.1 Windjammer Weekend Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Camden, Maine. • Date: A one night event in September.1 • Time (Approximate): 8:00 p.m. to 9:30 p.m. • Location: From a barge in the vicinity of Northeast Point, Camden Harbor, Maine in approximate position (NAD 83): 44°12′10″ N., 069°03′11″ W. 9.2 Eastport Pirate Festival Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Eastport Pirate Festival. • Date: A one night event in September.1 • Time (Approximate): 7:00 p.m. to 10:00 p.m. • Location: From the Waterfront Public Pier in Eastport, Maine in approximate position (NAD 83): 44°54′17″ N., 066°58′58″ W. 9.3 The Lobsterman Triathlon ...... • Event Type: Swim Event. • Sponsor: Tri-Maine Productions. • Date: A one day event in September.1 • Time (Approximate): 8:00 a.m. to 11:00 a.m. • Location: The regulated area includes all waters in the vicinity of Winslow Park in South Freeport, Maine within the following points (NAD 83): 43°47′59″ N., 070°06′56″ W. 43°47′44″ N., 070°06′56″ W. 43°47′44″ N., 070°07′27″ W. 43°47′57″ N., 070°07′27″ W. 9.4 Eliot Festival Day Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Eliot Festival Day Committee. • Date: A one night event in September.1 • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of Eliot Town Boat Launch, Eliot, Maine in approximate position (NAD 83): 43°08′56″ N., 070°49′52″ W. 9.5 Lake Champlain Swimming Race ...... • Event Type: Swim Event. • Sponsor: Christopher Lizzaraque. • Date: A one day event in September.1 • Time (Approximate): 9:00 a.m. to 3 p.m. • Location: Essex Beggs Point Park, Essex, NY, to Charlotte Beach, Charlotte, VT within the following points (NAD 83): 44°18′32″ N., 073°20′52″ W. 44°20′03″ N., 073°16′53″ W. 1 Date subject to change. Exact date will be posted in Notice of Enforcement and Local Notice to Mariners.

[USCG–2011–1023, 77 FR 23608, Apr. 20, 2012, as amended by USCG–2012–1057, 78 FR 47562, Aug. 6, 2013; USCG–2013–0904, 79 FR 18176, Apr. 1, 2014; USCG–2014–0865, 80 FR 27093, May 12, 2015; USCG–2015–1052, 81 FR 36160, June 6, 2016]

§ 165.172 Safety Zone; Underwater Port (COTP) New York or the des- Hazard, Gravesend Bay, Brooklyn, ignated on-scene representative. NY. (3) The ‘‘designated on-scene rep- (a) Location. The following area is a resentative’’ is any Coast Guard com- safety zone: All navigable waters of missioned, warrant, or petty officer Gravesend Bay within a 110-yard radius who has been designated by the COTP of a point in position 40°36′30″ N, New York. 074°02′14″ W (NAD 83), approximately 70- (4) Vessel operators desiring to enter yards southeast of the Verrazano or operate within the safety zone may Bridge Brooklyn tower. contact the COTP New York or the des- (b) Regulations. (1) The general regu- ignated representative at the Coast lations contained in 33 CFR 165.23 Guard Sector New York Command Cen- apply. ter via VHF Channel 16 or by phone at (2) Entering into, transiting through, (718) 354–4353 to request permission. diving, dredging, dumping, fishing, (5) Vessel operators given permission trawling, conducting salvage oper- to enter or operate in the safety zone ations, remaining within or anchoring must comply with all directions given within this safety zone is prohibited unless authorized by the Captain of the

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to them by the COTP New York or the as participants or official patrol ves- on-scene representative. sels. (c) The Coast Guard may patrol each [USCG–2010–1091, 76 FR 31234, May 31, 2011] event area under the direction of a des- § 165.173 Safety Zones for annually re- ignated Coast Guard Patrol Com- curring marine events held in Coast mander. The Patrol Commander may Guard Southeastern New England be contacted on Channel 16 VHF–FM Captain of the Port Zone. (156.8 MHz) by the call sign (a) Regulations. (1) The general regu- ‘‘PATCOM.’’ The ‘‘official patrol ves- lations contained in 33 CFR 165.23 as sels’’ may consist of any Coast Guard, well as the following regulations apply Coast Guard Auxiliary, state, or local to the fireworks displays and swim law enforcement vessels assigned or ap- events listed in the Table to § 165.173. proved by the Captain of the Port, These regulations may be enforced for Southeastern New England. the duration of each event. (d) Vessels may not transit the regu- (2) Notifications will be made to the lated areas without Patrol Commander local maritime community through the approval. Vessels permitted to transit Local Notice to Mariners well in ad- must operate at a no wake speed, in a vance of the events. If the event does manner which will not endanger par- not have a date listed, then exact dates ticipants or other crafts in the event. and times of the enforcement period (e) Spectators or other vessels shall will be announced through a Notice of not anchor, block, loiter, or impede the movement of event participants or offi- Enforcement in the FEDERAL REGISTER. cial patrol vessels in the regulated NOTE TO PARAGRAPH (a): Although listed in areas during the effective dates and the Code of Federal Regulations, sponsors of times, or dates and times as modified events listed in the Table shall submit an ap- through a Notice of Enforcement pub- plication each year in accordance with 33 lished in the FEDERAL REGISTER, unless CFR 100.15. authorized by an official patrol vessel. (b) Definitions. The following defini- (f) The Patrol Commander may con- tions apply to this section: trol the movement of all vessels in the (1) Designated representative. A ‘‘des- regulated area. When hailed or signaled ignated representative’’ is any Coast by an official patrol vessel, a vessel Guard commissioned, warrant or petty shall come to an immediate stop and officer of the U.S. Coast Guard who has comply with the lawful directions been designated by the Captain of the issued. Failure to comply with a lawful Port, Southeastern New England direction may result in expulsion from (COTP), to act on his or her behalf. The the area, citation for failure to comply, designated representative may be on an or both. official patrol vessel or may be on (g) The Patrol Commander may delay shore and will communicate with ves- or terminate any event in this subpart sels via VHF–FM radio or loudhailer. at any time to ensure safety. Such ac- In addition, members of the Coast tion may be justified as a result of Guard Auxiliary may be present to in- weather, traffic density, spectator op- form vessel operators of this regula- eration or participant behavior. tion. (h) For all fireworks displays listed (2) Official patrol vessels. Official pa- below, the regulated area is that area trol vessels may consist of any Coast of navigable waters within the speci- Guard, Coast Guard Auxiliary, state, or fied radius of the launch platform or local law enforcement vessels assigned launch site for each fireworks display, or approved by the COTP. unless modified later in a Notice of En- (3) Spectators. All persons and vessels forcement published in the FEDERAL not registered with the event sponsor REGISTER.

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TABLE TO § 165.173

1.0 365 DAY JANU- ARY–DECEMBER 1.1 Provincetown Fire- • Event Type: Fireworks Display. works. • Date: Enforced on any day during the duration of the event as specified by a Notice of Enforcement published in the FEDERAL REGISTER. • Time: Approximately 5:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of the Provincetown Harbor, Provincetown, MA. • Position: Within 500 yards of 41°28′44″ N., 070°10′83″ W. (NAD 83). • Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks barge. 1.2 Providence Fire- • Event Type: Fireworks Display. works. • Date: Enforced on any day during the duration of the event as specified by a Notice of Enforcement published in the FEDERAL REGISTER. • Time: Approximately 5:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of the Hurricane Barrier in the Providence River, Providence, RI. • Position: Within 500 yards of 41°48′50″ N., 071°23′43″ W. (NAD 83). • Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks barge. 1.3 Fall River Fire- • Event Type: Fireworks Display. works. • Date: Enforced on any day during the duration of the event as specified by a Notice of Enforcement published in the Federal Reg- ister. • Time: Approximately 5:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Battleship Cove, Fall River, MA. • Position: Within 500 yards of 41°42′37″ N., 071°09′53″ W. (NAD 83). • Safety Zone Dimension: Approximately 200 yard radius circle around the fireworks barge. 5.0 MAY 5.1 RI National Guard • Event Type: Air Show. Air Show. • Date: One weekend (Friday, Saturday, and Sunday) in May, June, or July, as announced in the local Notice to Mariners. • Time: Approximately 9:00 a.m. to 7:00 p.m. • Location: (1) All waters over the West Passage of Narragansett Bay, in the vicinity of the Quonset State Airport, North Kingston, RI which are within a 4000-yard radius arc extending from position 41°35′44″ N., 071°24′14″ W. (NAD 83); and (2) All waters over the West Passage of Narragansett Bay, in the vicinity of Narragansett Pier, Narragansett, RI, which are within a 2000-yard radius arc extending from position 41°26′17″ N., 071°27′02″ W. (NAD 83) (Friday only). • Safety Zone Dimension: Approximately 1000 yards long by 1000 yards wide.

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TABLE TO § 165.173—Continued

6.0 JUNE 6.1 Oak Bluffs Sum- • Event Type: Fireworks Display. mer Solstice. • Date: One night on the 3rd or 4th weekend of June, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Town Beach, Oak Bluffs, MA. • Position: Within 500 yards of 41°27′19″ N., 070°33′08″ W. (NAD 83). • Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks barge. 6.2 Swim Buzzards • Event Type: Swim Event. Bay. • Date: One Saturday or Sunday in June, July, or August, as announced in the Local Notice to Mariners. • Time: Start times will vary from 6:00 a.m. to 11:59 a.m., and last approximately two hours until the last swimmer is ashore. Start time will be announced in advance in the Local Notice to Mariners. • Location: The regulated area includes all waters in the vicinity of the Outer New Bedford Harbor, within 500 yards along a centerline with an approximate start point of 41°36′35″ N., 070°54′18″ W. (NAD 83) and an approximate end point of 41°37′26″ N., 070°53′48″ W. (NAD 83) at Davy’s Locker Restaurant in New Bed- ford, MA, to Fort Phoenix Beach in Fairhaven, MA. • Safety Zone Dimension: 500 yards on either side of the centerline described above. 7.0 JULY 7.1 Marion 4th of July • Event Type: Fireworks Display. Fireworks. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Outer Sipican Harbor, Mar- ion, MA. • Position: Within 500 yards of 41°42′17″ N., 070°45′08″ W. (NAD 83). • Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks barge. 7.2 Oyster Harbors • Event Type: Fireworks Display. July 4th Festival. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Tim’s Cove, North Bay, Osterville, MA. • Position: Within 500 yards of 41°37′29″ N., 070°25′12″ W. (NAD 83). • Safety Zone Dimension: Approximately 200 yard radius circle around the fireworks barge. 7.3 North Kingstown • Event Type: Fireworks Display. Fireworks Display. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m.

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TABLE TO § 165.173—Continued

• Location: From a barge in the vicinity of Town Beach, North King- ston, RI. • Position: Within 500 yards of 41°33′59″ N., 071°26′23″ W. (NAD 83). • Safety Zone Dimension: Approximately 200 yard radius circle around the fireworks barge. 7.4 Falmouth Fire- • Event Type: Fireworks Display. works. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Falmouth Beach, Fal- mouth, MA. • Position: Within 500 yards of 41°32′27″ N., 070°35′26″ W. (NAD 83). • Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks barge. 7.5 Town of Nantucket • Event Type: Fireworks Display. Fireworks. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Jetties Beach, Nantucket Sound, MA. • Position: Within 500 yards of 41°19′00″ N., 070°06′30″ W. (NAD 83). • Safety Zone Dimension: Approximately 200 yard radius circle around the fireworks barge. 7.6 City of Newport • Event Type: Fireworks Display. 4th of July Fireworks. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From the shore in the vicinity of Fort Adams, Newport, RI. • Position: Within 500 yards of 41°28′49″ N., 071°20′12″ W. (NAD 83). • Safety Zone Dimension: Approximately 350 yard radius circle around the launch site. 7.7 Town of • Event Type: Fireworks Display. Barnstable/Hyannis July 4th Fireworks. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Lewis Bay, Hyannis, MA. • Position: Within 500 yards of 41°38′20″ N., 070°15′08″ W. (NAD 83). • Safety Zone Dimension: Approximately 350 yard radius circle around the fireworks barge. 7.8 Edgartown 4th of • Event Type: Fireworks Display. July Fireworks Cele- bration. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m.

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TABLE TO § 165.173—Continued

• Location: From a barge in the vicinity of Edgartown Outer Harbor, Edgartown, MA. • Position: Within 500 yards of 41°22′39″ N., 070°30′14″ W. (NAD 83). • Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks barge. 7.9 City of New Bed- • Event Type: Fireworks Display. ford Fireworks Dis- play. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of New Bedford Harbor, New Bedford, MA. • Position: Within 500 yards of 41°37′55″ N., 070°54′44″ W. (NAD 83). • Safety Zone Dimension: Approximately 250 yard radius circle around the fireworks barge. 7.10 Onset Fireworks • Event Type: Fireworks Display. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: On the shore, in the vicinity of Shellpoint Beach, Onset, MA. • Position: Within 500 yards of 41°44′13″ N., 070°39′51″ W. (NAD 83). • Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks launch site. 7.11 Bristol 4th of July • Event Type: Fireworks Display. Fireworks. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: In the vicinity of Northern portion of the Bristol Harbor, Bristol, RI, on the section of Poppasquash Rd separating the harbor and Mill Pond. • Position: Within 500 yards of 41°40′53.4″ N., 071°17′00″ W. (NAD 83). • Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks launch site. 7.12 [Reserved] 7.13 Save the Bay • Event Type: Swim Event. Swim. • Date: One Saturday or Sunday in July or August, as announced in the Local Notice to Mariners. • Time: Start time will vary from 6:00 a.m. to 11:59 a.m. and last for approximately four hours, until the last swimmer is ashore. Start time will be announced in advance in the Local Notice to Mariners. • Location: The regulated area includes all waters in the vicinity of the Newport/Pell Bridge, East Passage of Narragansett Bay, along a centerline with an approximate start point of 41°30′24″ N., 071°19′49″ W. (NAD 83) and an approximate end point of 41°30′39″ N., 071°21′50″ W. (NAD 83), i.e., a line drawn from the Officers’ Club, Coaster’s Harbor Island, Naval Station Newport, to Potter Cove, Jamestown.

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TABLE TO § 165.173—Continued

• Safety Zone Dimension: 500 yards on either side of the centerline described above. 8.0 AUGUST 8.1 Boston Pops Nan- • Event Type: Fireworks Display. tucket. • Date: One night in August as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: On the shore, in the vicinity of Jetties Beach, Nantucket, MA. • Position: Within 500 yards of 41°17′43″ N., 070°06′10″ W. (NAD 83). • Safety Zone Dimension: Approximately 400 yard radius circle around the fireworks barge. 8.2 Oak Bluffs Fire- • Event Type: Fireworks Display. works. • Date: One night in August. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Oak Bluffs Harbor, Oak Bluffs, MA. • Position: Within 500 yards of 41°27′27″ N., 070°33′17″ W. (NAD 83). • Safety Zone Dimension: Approximately 350 yard radius circle around the fireworks barge.

8.3 Newport Salute to • Event Type: Fireworks Display. Summer Fireworks. • Date: One night during the last two weekends in August or 1st weekend in September, as announced in the Local Notice to Mari- ners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Naval Station Newport, Newport, RI. • Position: Within 500 yards of 41°30′15″ N., 071°19′50″ W. (NAD 83). • Safety Zone Dimension: Approximately 400 yard radius circle around the fireworks barge. 8.4 Fall River Grand • Event Type: Offshore powerboat race Prix. • Date: One weekend (Friday, Saturday, & Sunday) in August as announced in the Local Notice to Mariners. • Time: Approximately 8:00 a.m. to 5 p.m. daily • Location: Taunton River, Massachusetts, in the vicinity of Fall River and Somerset, MA. • Safety Zone Dimension: Mt Hope Bay and the Taunton River navigation channel from approximately Mt Hope Bay buoy R10 southwest of Brayton Point channel, and extending approximately two miles to the northeast up to and including Mt Hope Bay buoy C17 north of the Braga Bridge. The safety zone is encompassed by the following coordinates (NAD 83):

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TABLE TO § 165.173—Continued

Corner Latitude Longitude SW., 41°41.40′ N., 71°11.15′ W. NW., 41°41.48′ N., 71°11.15′ W. SE., 41°42.33′ N., 71°09.40′ W. NE., 41°42.42′ N., 71°09.47′ W.

8.5 Cape Cod Bay • Event Type: Paddleboard excursion. Challenge. • Date: One weekend day (Saturday or Sunday) in August. • Time: Approximately 4:30 a.m. to 4:30 p.m. • Location: Departing from Scusset Beach, Sandwich, MA, and transiting to Wellfleet Harbor, Wellfleet, MA. • Position: A line drawn from Scusset Beach at approximate position 41°47′ N., 70°30′ W., to Wellfleet Harbor at approximate position 41°53′ N., 70°02′ W. (NAD 83). • Safety Zone Dimension: Approximately 500 yards extending in each direction from the line described above. 9.0 SEPTEMBER 9.1 Provincetown Har- • Event Type: Swim Event. bor Swim for Life. • Date: On a day in September as announced in the Local Notice to Mariners. • Time: Times will vary from 10:00 a.m. until the last swimmer is ashore, no later than 2:00 p.m. • Location: The regulated area includes all waters in the vicinity of the Provincetown Harbor along a centerline between the start point, the Long Point Lighthouse. approximate position 42°01′59″ N., 070°10′07″ W. (NAD 83), and the end point, the Boatslip Resort, Provincetown, MA, approximate position 42°02′48″ N., 070°11′24″ W. (NAD 83). • Safety Zone Dimension: 250 yards on either side of the centerline described above. 9.2 Spirit of Somerset • Event Type: Fireworks Display. Celebration. • Date: One night in September, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: On the shore, in the vicinity of Mallard Point, Somerset, MA. • Position: Within 500 yards of 41°46′18″ N., 071°07′14″ W. (NAD 83). • Safety Zone Dimension: Approximately 200 yard radius circle around the fireworks launch site. 10.0 OCTOBER 10.1 Yarmouth Sea- • Event Type: Fireworks Display. side Festival Fire- works. • Date: One night in October, as announced in the Local Notice to Mariners. • Time: Approximately 7:00 p.m. to 11:59 p.m. • Location: On the shore, in the vicinity of Seagull Beach, West Yar- mouth, MA. • Position: Within 500 yards of 41°38′06″ N., 070°13′13″ W. (NAD 83).

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TABLE TO § 165.173—Continued

• Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks launch site.

[USCG–2011–1026, 76 FR 30191, May 22, 2012, as amended by USCG–2014–0061, 79 FR 34629, June 18, 2014; USCG–2015–0433, 80 FR 44283, July 27, 2015; USCG–2016–1022, 82 FR 23142, May 22, 2017]

§ 165.202 [Reserved] NOIS is conducting dredging operations in New Castle Range. Safety FIFTH COAST GUARD DISTRICT zone three will be in place only during time in which the dredge ILLINOIS is § 165.T05–0279 Safety Zone, Delaware conducting dredging operations in River; Dredging. Marcus Hook Range. (a) Location. The following areas are (2) Vessels requesting to transit safety zones: Marcus Hook Range shall contact the (1) Safety zone one includes all dredge ILLINOIS on VHF channel 13 or waters within 150 yards of the dredge 16, at least 1 hour, as well as 30 min- ILLINOIS and all related dredge equip- utes, prior to arrival. Vessels shall ment. then transit around the dredge project, (2) Safety zone two includes all the utilizing Marcus Hook Anchorage, waters of Pea Patch Island Anchorage while operating at the minimum safe No. 5 found in 33 CFR 110.157(a)(6), speed necessary to maintain steerage where submerged pipeline will be lo- and reduced wake. cated causing a hazard to anchoring (3) Vessels wishing to anchor in vessels. The safety zone will be in place Marcus Hook Anchorage No. 7 during only during the time in which the the time in which the dredge ILLINOIS dredge ILLINOIS is conducting dredg- is conducting dredging operations in ing operations in New Castle Range. Marcus Hook Range, must obtain per- (3) Safety zone three includes all the mission from the COTP at least 24 waters of Marcus Hook Anchorage No. hours in advance by calling 215–271– 7 found in 33 CFR 110.157(a)(8). The 4807. The COTP will permit one vessel safety zone will be in place only during at a time to anchor on a ‘‘first-come, the time in which the dredge ILLINOIS first-served’’ basis. Vessel will only be is conducting dredging operations in allowed to anchor for a 12 hour period. Marcus Hook Range. Vessels that require an examination by (b) Definitions. (1) The Captain of the the Public Health Service, Customs or Port (COTP) means the Commander Immigration authorities will be di- Sector Delaware Bay or any Coast rected to an anchorage by the COTP Guard commissioned, warrant, or petty for the required inspection. Vessels are officer who has been authorized by the encouraged to use Mantua Creek An- Captain of the Port to act on their be- chorage No. 9, Naval Base Philadelphia half. Anchorage No. 10, and Deepwater Point (2) Designated representative means Anchorage No. 6 as alternative anchor- any Coast Guard commissioned, war- ages. rant or petty officer who has been au- (4) The Captain of the Port will im- thorized by the Captain of the Port, plement and terminate the safety zones Delaware Bay, to assist with the en- individually once all submerged pipe- forcement of safety zones described in line has been recovered and dredging paragraph (a) of this section. operations are completed in each range (c) Regulations. The general safety respectively. Notice of the implemen- zone regulations found in subpart C of tation and the termination of the safe- this part apply to the safety zone cre- ty zone will be made in accordance ated by this section. with § 165.7. (1) Safety zone two will be in place (5) Entry into, transiting, or anchor- only during the time that dredge ILLI- ing within the safety zone is prohibited

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unless vessels obtain permission from (4) Cruise ship means a vessel defined the Captain of the Port or make satis- as a ‘‘passenger vessel’’ in 46 U.S.C. 2101 factory passing arrangements, via (22). VHF–FM channel 16, with the dredge (b) Location. The following areas are ILLINOIS per this rule and the Rules a safety/security zone: All waters of of the Road (33 CFR chapter I, sub- the Chesapeake Bay and its tributaries, chapter E). from surface to bottom, within a 500 (6) To request permission to enter the yard radius around cruise ships and safety zone, the Captain of the Port’s vessels transporting CDC, LNG, or LHG representative can be contact via VHF– while transiting, anchored, or moored FM channel 16. Vessels granted permis- within the COTP Maryland-National sion to enter and transit through the Capital Region zone. safety zone must do so in accordance (c) Regulations. (1) The COTP will no- with the directions provided by the tify the maritime community of af- Captain of the Port or designated rep- fected vessels and the periods during resentative. No person or vessel may which the safety/security zones will be enter or remain in a safety zone with- enforced by providing notice to mari- out permission from the Captain of the ners in accordance with 33 CFR 165.7. Port. All persons and vessels within a (2) Entry into or remaining in this safety zone shall obey the directions or zone is prohibited unless authorized by orders of the Captain of the Port or the Coast Guard COTP, Maryland-Na- their designated representative. tional Capital Region or his designated (7) At least one side of the main navi- representative. gational channel will be kept clear for (3) Persons desiring to transit the safe passage of vessels in the vicinity area of the security zone may contact of the safety zones. At no time will the the COTP at telephone number 410–576– main navigational channel be closed to 2693 or on VHF channel 16 (156.8 MHz) vessel traffic. Vessels requesting to to seek permission to transit the area. transit shall contact the dredge ILLI- If permission is granted, all persons NOIS on VHF channel 13 or 16, at least and vessels must comply with the in- 1 hour, as well as 30 minutes, prior to structions of the COTP or his or her arrival. designated representative. (8) This section applies to all vessels (d) Authority. In addition to 33 U.S.C. that intend to transit through the safe- 1231, the authority for this section in- ty zones except vessels that are en- cludes 50 U.S.C. 191. gaged in the following operations: en- [CDG05–03–008, 68 FR 43311, July 22, 2003, as forcement of laws; service of aids to amended by USCG–2016–0060, 81 FR 38594, navigation, and emergency response. June 14, 2016] (d) Enforcement. These safety zones will be enforced with actual notice by § 165.501 Chesapeake Bay entrance the U.S. Coast Guard representatives and Hampton Roads, VA and adjacent waters—Regulated Navigation on scene, as well as other methods list- Area. ed in § 165.7. (a) Location. The waters enclosed by EFFECTIVE DATE NOTE: At 82 FR 28555, June the shoreline and the following lines 23, 2017, § 165.T05–0279, was added, effective are a Regulated Navigation Area: June 26, 2017 to Sept. 1, 2017. (1) Offshore zone. A line drawn due East from the mean low water mark at § 165.500 Safety/Security Zones; Chesa- the North Carolina and Virginia border peake Bay, Maryland. at latitude 36°33′03″ N, longitude (a) Definitions. (1) Certain Dangerous 75°52′00″ W, to the Territorial Seas Cargo (CDC) means a material defined boundary line at latitude 36°33′05″ N, in 33 CFR part 160. longitude 75°36′51″ W, thence generally (2) Liquefied Hazardous Gas (LHG) Northeastward along the Territorial means a material defined in 33 CFR Seas boundary line to latitude 38°01′39″ part 127. N, longitude 74°57′18″ W, thence due (3) Liquefied Natural Gas (LNG) West to the mean low water mark at means a material defined in 33 CFR the Maryland and Virginia border at part 127. latitude 38°01′39″ N, longitude 75°14′30″

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W, thence South along the mean low (xi) A line drawn across Little Creek water mark on the Virginia coast, and along the eastern side of the Ocean eastward of the Colregs Demarcation View Avenue (U.S. Route 60) Bridge, Lines across Chincoteague Inlet, Norfolk, Virginia. Assawoman Inlet, Gargathy Inlet, (xii) A line drawn across Lynnhaven Metompkin Inlet, Wachapreague Inlet, Inlet along the northern side of Shore Quinby Inlet, Great Machipongo Inlet, Drive (U.S. Route 60) Bridge, Virginia Sand Shoal Inlet, New Inlet, Ship Beach, Virginia. Shoal Inlet and Little Inlet, to the (b) Definitions. In this section: Colregs Demarcation Line across the CBBT means the Chesapeake Bay mouth of Chesapeake Bay, continuing Bridge Tunnel. south along the Virginia low water Coast Guard Patrol Commander is a mark and eastward of the Colregs De- Coast Guard commissioned, warrant or marcation Line across Rudee Inlet to petty officer who has been designated the point of beginning. All positions by the Commander, Coast Guard Sector reference NAD 83. Hampton Roads. (2) Inland zone. The waters enclosed Designated representative of the Cap- by the shoreline and the following tain of the Port means a person, includ- lines: ing the duty officer at the Coast Guard (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 Thimble Shoal South Auxiliary Channel the western side of the west span of the consists of the waters in a rectangular Campostella Bridge, Norfolk, Virginia. area 450 feet wide adjacent to the south (x) A line drawn across the Lafayette side of Thimble Shoal Channel, the River along the western side of the northern boundary of which extends Hampton Boulevard Bridge, Norfolk, from Thimble Shoal Channel Lighted Virginia. Bell Buoy 1TS, thence to Thimble

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Shoal Lighted Gong Buoy 17, thence to (B) Has a connecting device that can Thimble Shoal Lighted Buoy 19, thence receive a shackle pin of at least two to Thimble Shoal Lighted Buoy 21. inches in diameter. (c) Applicability. This section applies (C) Is fitted with a recovery pickup to all vessels operating within the Reg- line led outboard of the vessel’s hull. ulated Navigation Area, including (ii) A tow consisting of two or more naval and public vessels, except vessels vessels, each of which is less than 100 that are engaged in the following oper- gross tons, that has a total gross ton- ations: nage that is over 100 gross tons, shall (1) Law enforcement. be equipped with a secondary towing (2) Servicing aids to navigation. rig between each vessel in the tow, in (3) Surveying, maintenance, or im- addition to its primary towing rigs, provement of waters in the Regulated while the tow is operating within this Navigation Area. Regulated Navigation Area. The sec- (d) Regulations—(1) Anchoring restric- ondary towing rig must: tions. No vessel over 65 feet long may (A) Be of sufficient strength for tow- anchor or moor in the inland waters of ing the vessels. the Regulated Navigation Area outside (B) Have connecting devices that can an anchorage designated in § 110.168 of receive a shackle pin of at least two this title, with these exceptions: inches in diameter. (i) The vessel has the permission of (C) Be fitted with recovery pickup the Captain of the Port. lines led outboard of the vessel’s hull. (ii) Only in an emergency, when un- (4) Thimble Shoals Channel controls. (i) able to proceed without endangering A vessel drawing less than 25 feet may the safety of persons, property, or the not enter the Thimble Shoal Channel, environment, may a vessel anchor in a unless the vessel is crossing the chan- channel. nel. 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

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Navigation Area, unless it has on (9) Port security requirements. Vessels board: in excess of 300 gross tons, including (i) Corrected charts of the Regulated tug and barge combinations in excess Navigation Area. Instead of corrected of 300 gross tons (combined), shall not paper charts, warships or other vessels enter the Regulated Navigation Area, owned, leased, or operated by the move within the Regulated Navigation United States Government and used Area, or be present within the Regu- only in government noncommercial lated Navigation Area, unless they service may carry electronic charting comply with the following require- and navigation systems that have met ments: the applicable agency regulations re- (i) Obtain authorization to enter the garding navigation safety. Regulated Navigation Area from the (ii) An operative radar during periods designated representative of the Cap- of reduced visibility; tain of the Port prior to entry. All ves- (iii) When in inland waters, a pilot or sels entering or remaining in the Regu- other person on board with previous ex- lated Navigation Area may be subject perience navigating vessels on the to a Coast Guard boarding. waters of the Regulated Navigation (ii) Ensure that no person who is not Area. a permanent member of the vessel’s (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.

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(3) The master of a vessel within the Certain dangerous cargo or CDC means Regulated Navigation Area shall com- a material defined as CDC in 33 CFR ply with any orders or directions issued 160.202. to the master’s vessel by the Captain of Designated Representative of the Cap- the Port. tain of the Port is any U.S. Coast [CGD05–02–099, 68 FR 35175, June 12, 2003, as Guard commissioned, warrant or petty amended by USCG–2006–25150, 71 FR 39211, officer who has been authorized by the July 12, 2006] Captain of the Port (COTP), Hampton Roads, Virginia to act on his or her be- § 165.502 Safety and Security Zone; half. Cove Point Liquefied Natural Gas Passenger vessel means a vessel de- Terminal, Chesapeake Bay, Mary- fined as a passenger vessel in 46 CFR land. part 70. (a) Location. The following area is a (b) Location. All navigable waters of safety and security zone: All waters of the Captain of the Port Hampton the Chesapeake Bay, from surface to Roads zone (defined in 33 CFR 3.25–10) bottom, encompassed by lines con- within 500 yards around a passenger necting the following points, beginning vessel or vessel carrying a CDC, while at 38°24′27″ N, 76°23′42″ W, thence to the passenger vessel or vessel carrying 38°24′44″ N, 76°23′11″ W, thence to CDC is transiting, moored or anchored. 38°23′55″ N, 76°22′27″ W, thence to (c) Regulations. (1) No vessel may ap- 38°23′37″ N, 76°22′58″ W, thence to begin- proach within 500 yards of a passenger ning at 38°24′27″ N, 76°23′42″ W. These vessel or vessel carrying a CDC within coordinates are based upon North the Captain of the Port Hampton American Datum (NAD) 1983. This area Roads zone, unless traveling at the is 500 yards in all directions from the minimum speed necessary to navigate Cove Point LNG terminal structure. safely. (b) Regulations. (1) In accordance with (2) Under § 165.33, no vessel or person the general regulations in §§ 165.23 and may approach within 100 yards of a 165.33 of this part, entry into or move- passenger vessel or vessel carrying a ment within this zone is prohibited un- CDC within the Captain of the Port less authorized by the Coast Guard Hampton Roads zone, unless authorized Captain of the Port, Maryland-Na- by the COTP Hampton Roads or his or tional Capital Region or his designated her designated representative. representative. Designated representa- (3) The COTP Hampton Roads may tives include any Coast Guard commis- notify the maritime and general public sioned, warrant, or petty officer. by marine information broadcast of the (2) Persons desiring to transit the periods during which individual secu- area of the zone may contact the Cap- rity zones have been activated by pro- tain of the Port at telephone number viding notice in accordance with 33 (410) 576–2693 or via VHF Marine Band CFR 165.7. Radio Channel 16 (156.8 MHz) to seek (4) A security zone in effect around a permission to transit the area. If per- moving or anchored vessel will be en- mission is granted, all persons and ves- forced by a law enforcement vessel. A sels must comply with the instructions security zone in effect around a moored of the Captain of the Port or his des- vessel will be enforced by a law en- ignated representative. forcement agent shoreside, a law en- (c) Enforcement. The U.S. Coast Guard forcement vessel waterside, or both. may be assisted in the patrol and en- (5) Persons desiring to transit the forcement of the zone by Federal, area of the security zone within 100 State, local, and private agencies. yards of a passenger vessel or vessel [CGD05–03–023, 68 FR 75133, Dec. 30, 2003, as carrying a CDC must contact the COTP amended by USCG–2016–0060, 81 FR 38594, Hampton Roads on VHF-FM channel 16 June 14, 2016] (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.

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(d) Enforcement. The COTP will en- (i) Public vessels of the United force these zones and may enlist the States. aid and cooperation of any Federal, (ii) Public vessels owned or operated state, county, or municipal law en- by the Commonwealth of Virginia or forcement agency to assist in the en- its subdivisions for law enforcement or forcement of the regulation. firefighting purposes. (iii) Vessels owned by, operated by, [CGD05–04–067, 69 FR 40769, July 7, 2004, as amended by USCG–2005–21869, 80 FR 5336, or under charter to Newport News Jan. 30, 2015] Shipbuilding and Dry Dock Co. (iv) Vessels that are performing work § 165.504 Newport News Shipbuilding at Newport News Shipbuilding and Dry and Dry Dock Company Shipyard, Dock Co., including the vessels of sub- James River, Newport News, Va. contractors and other vendors of New- (a) Location. The following is a secu- port News Shipbuilding and Dry Dock rity zone: The waters of the James Co. or other persons that have a con- River encompassed by a line beginning tractual relationship with Newport at the intersection of the shoreline News Shipbuilding and Dry Dock Co. with the northernmost property line of (v) Vessels that are being built, re- the Newport News Shipbuilding and built, repaired, or otherwise worked on Dry Dock Co. at latitude 37°00′38.1″ N, at or by Newport News Shipbuilding longitude 76°27′05.7″ W, thence south- and Dry Dock Co. or another person au- erly to latitude 36°59′58.4″ N, longitude thorized to perform work at the ship- 76°27′16.7″ W, thence southeasterly to yard. latitude 36°59′23.0″ N, longitude (vi) Vessels that are authorized by 76°26′54.6″ W, thence westerly to lati- Newport News Shipbuilding and Dry tude 36°59′21.5″ N, longitude 76°26′58.4″ Dock Company to moor at and use its W, thence southeasterly to latitude facilities. 36°59′12.9″ N, longitude 76°26′52.4″ W, (vii) Commercial shellfish harvesting thence easterly to latitude 36°59′14.2″ N, vessels taking clams from the shellfish longitude 76°26′49.1″ W, thence south- beds within the zone, if easterly to latitude 36°58′37.8″ N, lon- (A) The owner of the vessel has pre- gitude 76°26′26.3″ W, thence easterly to viously provided the Captain of the latitude 36°58′43.5″ N, longitude Port, Hampton Roads, Virginia, infor- 76°26′13.7″ W, thence northerly to the mation about the vessel, including: intersection of the shoreline with the (1) The name of the vessel; southernmost property line of the New- (2) The vessel’s official number, if port News Shipbuilding and Dry Dock documented, or state number, if num- Co. at latitude 36°58′48.0″ N, longitude bered by a state issuing authority; 76°26′11.2″ W, thence northwesterly (3) A brief description of the vessel, along the shoreline to the point of be- including length, color, and type of ginning. vessel; (b) Security zone anchorage. The fol- (4) The name, Social Security num- lowing is a security zone anchorage: ber, current address, and telephone The waters of the James River encom- number of the vessel’s master, oper- passed by a line beginning at the inter- ator, or person in charge; and section of the shoreline with the north- (5) Upon request, information the ernmost property line of the Newport vessel’s crew. News Shipbuilding and Dry Dock Com- (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 [CGD5 86–03, 51 FR 18322, May 19, 1986, as the following vessels or individuals on amended by CGD5 87–038, 52 FR 41996, Nov. 2, board those vessels: 1987]

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§ 165.505 Security Zone; Calvert Cliffs Notice to Mariners over VHF–FM ma- Nuclear Power Plant, Chesapeake rine band radio. Bay, Calvert County, Maryland. (3) All persons and vessels shall com- (a) Location. The following area is a ply with the instructions of the Coast security zone: All waters of the Chesa- Guard Captain of the Port, the Coast peake Bay, from surface to bottom, en- Guard Patrol Commander, or the des- compassed by lines connecting the fol- ignated on-scene-patrol personnel. lowing points, beginning at 38°26′06″ N, Those personnel are comprised of com- 076°26′18″ W, thence to 38°26′10″ N, missioned, warrant, and petty officers 076°26′12″ W, thence to 38°26′21″ N, of the U.S. Coast Guard. Other Federal, 076°26′28″ W, thence to 38°26′14″ N, State, and local agencies may assist 076°26′33″ W, thence to beginning at these personnel in the enforcement of 38°26′06″ N, 076°26′18″ W. These coordi- the safety zone. Upon being hailed by a nates are based upon North American U.S. Coast Guard vessel by siren, radio, Datum (NAD) 1983. flashing light or other means, the oper- (b) Regulations. (1) Entry into or re- ator of a vessel shall proceed as di- maining in this zone is prohibited un- rected. less authorized by the Coast Guard (b) Notification. (1) Fireworks barges Captain of the Port, Maryland-Na- and launch sites on land that operate tional Capital Region. within the regulated areas contained in (2) Persons desiring to transit the the Table to § 165.506 will have a sign area of the security zone may contact affixed to the port and starboard side the Captain of the Port at telephone of the barge or mounted on a post 3 number 410–576–2693 or on VHF channel feet above ground level when on land 16 (156.8 MHz) to seek permission to immediately adjacent to the shoreline transit the area. If permission is grant- and facing the water labeled ‘‘FIRE- ed, all persons and vessels must comply WORKS—DANGER—STAY AWAY’’. with the instructions of the Captain of This will provide on-scene notice that the Port or his or her designated rep- the safety zone will be enforced on that resentative. day. This notice will consist of a dia- (c) Authority: In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the authority for mond shaped sign 4 feet by 4 feet with this section includes 33 U.S.C. 1226. a 3-inch orange retro reflective border. The word ‘‘DANGER’’ shall be 10 inch [CGD05–02–080, 68 FR 15053, Mar. 28, 2003, as black block letters centered on the amended by USCG–2016–0060, 81 FR 38594, sign with the words ‘‘FIREWORKS’’ June 14, 2016] and ‘‘STAY AWAY’’ in 6 inch black § 165.506 Safety Zones; Fireworks Dis- block letters placed above and below plays in the Fifth Coast Guard Dis- the word ‘‘DANGER’’ respectively on a trict. white background. (a) Regulations. (1) The general regu- (2) Coast Guard Captains of the Port lations contained in 33 CFR 165.23 in the Fifth Coast Guard District will apply. notify the public of the enforcement of (2) This section applies to the fire- these safety zones by all appropriate works safety zones listed in the Table means to affect the widest publicity to § 165.506. These regulations will be among the affected segments of the enforced annually, for the duration of public. Publication in the Local Notice each fireworks event listed in the to Mariners, Marine information broad- Table to § 165.506. In the case of inclem- casts, and facsimile broadcasts may be ent weather, the event may be con- made for these events, beginning 24 to ducted on the day following the date 48 hours before the event is scheduled listed in the Table to § 165.506. Annual to begin, to notify the public. notice of the exact dates and times of (c) Contact information. Questions the enforcement period of the regula- about safety zones and related events tion with respect to each safety zone, should be addressed to the local Coast the geographical area, and other de- Guard Captain of the Port for the area tails concerning the nature of the fire- in which the event is occurring. Con- works event will be published in Local tact information is listed below. For a Notices to Mariners and via Broadcast description of the geographical area of

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each Coast Guard Sector—Captain of AWAY’’ sign is posted on land adjacent the Port zone, please see 33 CFR 3.25. to the shoreline, in a location listed in (1) Coast Guard Sector Delaware the Table to § 165.506. Vessels may not Bay—Captain of the Port Zone, Phila- enter, remain in, or transit through delphia, Pennsylvania: (215) 271–4940. the safety zones during these enforce- (2) Coast Guard Sector Maryland-Na- ment periods unless authorized by the tional Capital Region—Captain of the Captain of the Port or designated Coast Port Zone, Baltimore, Maryland: (410) Guard patrol personnel on scene. The 576–2525. enforcement periods for each Safety (3) Coast Guard Sector Hampton Zone in the Table to § 165.506 of this Roads—Captain of the Port Zone, Nor- folk, Virginia: (757) 483–8567. section are subject to change, but the (4) Coast Guard Sector North Caro- duration of enforcement would remain lina—Captain of the Port Zone, Wil- the same or nearly the same total mington, North Carolina: (877) 229–0770 amount of time as stated in its table. or (910) 362–4015. In the event of a change, or for enforce- (d) Enforcement periods. The safety ment periods listed that do not allow a zones in the Table to § 165.506 will be specific date or dates to be determined, enforced from 5:30 p.m. to 1 a.m. each the Captain of the Port will provide no- day a barge with a ‘‘FIREWORKS— tice by publishing a Notice of Enforce- DANGER—STAY AWAY’’ sign on the ment in the FEDERAL REGISTER, as well port and starboard side is on-scene or a as issuing a Broadcast Notice to Mari- ‘‘FIREWORKS—DANGER—STAY ners.

TABLE TO § 165.506 [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.]

No./enforcement period(s) 1 Location Safety zone—regulated area

(a) Coast Guard Sector Delaware Bay—COTP Zone

1 July 2nd, 3rd, 4th or 5th North Atlantic Ocean, The waters of the North Atlantic Ocean within a 500 Bethany Beach, DE; yard radius of the fireworks barge in approximate Safety Zone. 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 700 yard Safety Zone. radius of the fireworks launch location on the pier in approximate position latitude 38°36′42″ N., longitude 075°08′18″ W. 3 July 2nd, 3rd or 4th ...... North Atlantic Ocean, Re- All waters of the North Atlantic Ocean within a 360 hoboth Beach, DE; yard radius of the fireworks barge in approximate Safety Zone. position latitude 38°43′01.2″ N., longitude 075°04′21″ W., approximately 400 yards east of Rehoboth Beach, DE. 4 July 2nd, 3rd, 4th or 5th North Atlantic Ocean, Av- The waters of the North Atlantic Ocean within a 500 alon, NJ; Safety Zone. yard radius of the fireworks barge in approximate location latitude 39°06′19.5″ N., longitude 074°42′02.15″ W., in the vicinity of the shoreline at Avalon, NJ. 5 July 2nd, 3rd, or 4th; Barnegat Bay, Barnegat The waters of Barnegat Bay within a 500 yard ra- September 1st, or 2nd Township, NJ; Safety dius of the fireworks barge in approximate posi- Saturday. Zone. tion latitude 39°44′50″ N., longitude 074°11′21″ W., approximately 500 yards north of Conklin Is- land, NJ. 6 July 2nd, 3rd, 4th or 5th North Atlantic Ocean, The waters of the North Atlantic Ocean within a 500 Cape May, NJ; Safety yard radius of the fireworks barge in approximate Zone. location latitude 38°55′36″ N., longitude 074°55′26″ W., immediately adjacent to the shoreline at Cape May, NJ.

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TABLE TO § 165.506—Continued [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.]

No./enforcement period(s) 1 Location Safety zone—regulated area

7 July 2nd, 3rd, 4th or 5th Delaware Bay, North All waters of the Delaware Bay within a 360 yard ra- Cape May, NJ; Safety dius of the fireworks barge in approximate posi- Zone. tion latitude 38°58′00″ N., longitude 074°58′30″ W. 8 July 2nd, 3rd, 4th or 5th. Great Egg Harbor Inlet, All waters within a 500 yard radius of the fireworks August—3rd Sunday. Margate City, NJ; Safe- barge in approximate location latitude 39°19′33″ ty Zone. N., longitude 074°31′28″ W., on the Intracoastal Waterway near Margate City, NJ. 9 July 2nd, 3rd, 4th or 5th Metedeconk River, Brick The waters of the Metedeconk River within a 300 August every Thursday; Township, NJ; Safety yard radius of the fireworks launch platform in ap- September 1st Thursday. Zone. proximate position latitude 40°03′24″ N., longitude 074°06′42″ W., near the shoreline at Brick Town- ship, NJ. 10 July 2nd, 3rd, 4th or 5th North Atlantic Ocean, At- The waters of the North Atlantic Ocean within a 500 lantic City, NJ; Safety yard radius of the fireworks barge located at lati- Zone. tude 39°20′58″ N., longitude 074°25′58″ W., and within 500 yard radius of a fireworks barge located at latitude 39°21′12″ N., longitude 074°25′06″ W., near the shoreline at Atlantic City, NJ. 11 July 2nd, 3rd, 4th or North Atlantic Ocean, The waters of the North Atlantic Ocean within a 500 5th. October—1st or 2nd Ocean City, NJ; Safety yard radius of the fireworks barge in approximate Saturday. Zone. location latitude 39°16′22″ N., longitude 074°33′54″ W., in the vicinity of the shoreline at Ocean City, NJ. 12 May—4th Saturday ...... Barnegat Bay, Ocean All waters of Barnegat Bay within a 500 yard radius Township, NJ; Safety of the fireworks barge in approximate position lati- Zone. tude 39°47′33″ N., longitude 074°10′46″ W. 13 July 2nd, 3rd, 4th or 5th Little Egg Harbor, Parker All waters of Little Egg Harbor within a 500 yard ra- Island, NJ; Safety Zone. dius of the fireworks barge in approximate position latitude 39°34′18″ N., longitude 074°14′43″ W., approximately 50 yards north of Parkers Is- land. 14 September—3rd Satur- Delaware River, Chester, All waters of the Delaware River near Chester, PA day. PA; Safety Zone. just south of the Commodore Barry Bridge within a 250 yard radius of the fireworks barge located in approximate position latitude 39°49′43.2″ N., longitude 075°22′42″ W. 15 September—3rd Satur- Delaware River, All waters of the Delaware River near Essington, day. Essington, PA; Safety PA, west of Little Tinicum Island within a 250 yard Zone. radius of the fireworks barge located in the approximate position latitude 39°51′18″ N., longitude 075°18′57″ W. 16 July 2nd, 3rd, 4th or Delaware River, Philadel- All waters of Delaware River, adjacent to Penns 5th; Columbus Day; De- phia, PA; Safety Zone. Landing, Philadelphia, PA, bounded from shore- cember 31st, January line to shoreline, bounded on the south by a line 1st. 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. 17 July 2nd, 3rd, 4th or 5th N. Atlantic Ocean, Sea All waters of N. Atlantic Ocean within a 350 yard ra- Isle City, NJ; Safety dius of a fireworks barge located approximately at Zone. position latitude 39°08′49.5″ N., longitude 074°41′25.1″ W., near Sea Isle City, NJ. 18 April 8th; July 2nd, 3rd, Rehoboth Bay, DE; Safe- All waters within a 500 yard radius of a fireworks 4th or 5th; December ty Zone. barge located at position latitude 38°41′21″ N., 31st. longitude 075°05′00″ W., at Rehoboth Bay near Dewey Beach, DE.

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TABLE TO § 165.506—Continued [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.]

No./enforcement period(s) 1 Location Safety zone—regulated area

(b) Coast Guard Sector Maryland-National Capital Region—COTP Zone

1 April—1st, 2nd or 3rd Washington Channel, All waters of the Upper Potomac River within 170 Saturday. Upper Potomac River, yards radius of the fireworks barge in approxi- Washington, DC; Safety mate position latitude 38°52′20.3″ N., longitude Zone. 077°01′17.5″ W., located within the Washington Channel in Washington 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; a 300 yard radius of the fireworks barge in ap- cember 31st. Safety Zone. proximate position 38°58′41.76″ N., 076°28′34.2″ W., located near the entrance to Spa Creek, An- napolis, MD. 3 December 31st ...... Upper Potomac River, All waters of the Upper Potomac River within a 300 Washington, DC; Safety yard radius of the fireworks barge in approximate Zone. position 38°48′14″ N., 077°02′10″ W., located near the waterfront (King Street) at Alexandria, Virginia. 4 June 14th; July 4th; Sep- Northwest Harbor (East All waters of the Patapsco River within a 300 yard tember—2nd Saturday; Channel), Patapsco radius of the fireworks barge in approximate posi- December 31st. River, MD; Safety Zone. tion 39°15′55″ N., 076°34′35″ W., located adjacent to the East Channel of Northwest Harbor. 5 April—1st Tuesday; Baltimore Inner Harbor, All waters of the Patapsco River within a 100 yard May—2nd or 3rd Thurs- Patapsco River, MD; radius of the fireworks barge in approximate posi- day or Friday; July 4th; Safety Zone. tion latitude 39°17′01″ N., longitude 076°36′31″ December 31st. W., located at the entrance to Baltimore Inner Harbor, approximately 125 yards southwest of pier 3. 6 April—1st Tuesday; Baltimore Inner Harbor, The waters of the Patapsco River within a 100 yard May—2nd or 3rd Thurs- Patapsco River, MD; radius of approximate position latitude 39°17′04″ day or Friday; July 4th Safety Zone. N., longitude 076°36′36″ W., located in Baltimore December 31st. Inner Harbor, approximately 125 yards southeast of pier 1. 7 July 4th; December 31st Northwest Harbor (West All waters of the Patapsco River within a 300 yard Channel) Patapsco radius of the fireworks barge in approximate posi- River, MD; Safety Zone. tion latitude 39°16′21″ N., longitude 076°34′38″ W., located adjacent to the West Channel of Northwest Harbor. 8 July 4th, or Saturday be- Patuxent River, Calvert All waters of the Patuxent River within a 200 yard fore, or Friday after Inde- County, MD; Safety radius of the fireworks barge located at latitude pendence Day holiday. Zone. 38°19′17″ N., longitude 076°27′45″ W., approximately 800 feet from shore at Solomons Island, MD. 9 July 4th or Sunday be- Chesapeake Bay, Chesa- All waters of the Chesapeake Bay within a 200 yard fore Independence Day peake Beach, MD; radius of the fireworks barge in approximate posi- holiday. Safety Zone. tion latitude 38°41′36″ N., longitude 076°31′30″ W., and within a 200 yard radius of the fireworks barge in approximate position latitude 38°41′28″ N., longitude 076°31′29″ W., located near Chesa- peake Beach, Maryland. 10 July 4th ...... Choptank River, Cam- All waters of the Choptank River within a 300 yard bridge, MD; Safety radius of the fireworks launch site at Great Marsh Zone. Point, located at latitude 38°35′06″ N., longitude 076°04′46″ W. 11 July—2nd, 3rd or last Potomac River, Fairview All waters of the Potomac River within a 300 yard Saturday. Beach, Charles County, radius of the fireworks barge in approximate posi- MD; Safety Zone. tion latitude 38°19′57″ N., longitude 077°14′40″ W., located north of the shoreline at Fairview Beach, Virginia.

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TABLE TO § 165.506—Continued [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.]

No./enforcement period(s) 1 Location Safety zone—regulated area

12 July—day before Inde- Potomac River, National All waters of the Potomac River within an area pendence Day holiday Harbor, MD; Safety bound by a line drawn from the following points: July 4th. Zone. Latitude 38°47′13″ N., longitude 077°00′58″ W., thence to latitude 38°46′51″ N., longitude 077°01′15″ 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. 13 Sunday before or after Susquehanna River, All waters of the Susquehanna River within a 300 July 4th, July 4th. Havre de Grace, MD; yard radius of approximate position latitude Safety Zone. 39°32′06″ N., longitude 076°05′22″ W., located on the island at Millard Tydings Memorial Park. 14 The Saturday before Miles River, St. Michaels, All waters of the Miles River within a 200 yard ra- Independence Day holi- MD; Safety Zone. dius of approximate position latitude 38°47′42″ N., day occurring in June or longitude 076°12′51″ W., located at the entrance July. to Long Haul Creek. 15 July 3rd ...... Tred Avon River, Oxford, All waters of the Tred Avon River within a 150 yard MD; Safety Zone. radius of the fireworks barge in approximate position latitude 38°41′24″ N., longitude 076°10′37″ W., approximately 500 yards northwest of the waterfront at Oxford, MD. 16 July 3rd ...... Northeast River, North All waters of the Northeast River within a 300 yard East, MD; Safety Zone. radius of the fireworks barge in approximate position latitude 39°35′26″ N., longitude 075°57′00″ W., approximately 400 yards south of North East Community Park. 17 July—1st, 2nd or 3rd Upper Potomac River, All waters of the Upper Potomac River within a 300 Saturday. Washington, DC; Safety yard radius of the fireworks barge in approximate Zone. position 38°48′38″ N., 077°01′56″ W., located east of Oronoco Bay Park at Alexandria, Virginia. 18 March through October, Anacostia River, Wash- All waters of the Anacostia River within a 150 yard at the conclusion of ington, DC; Safety radius of the fireworks barge in approximate posi- evening MLB games at Zone. tion latitude 38°52′13″ N., longitude 077°00′16″ Washington Nationals W., located near the Washington Nationals Ball Ball Park. Park. 19 June—last Saturday or Potomac River, Prince All waters of the Potomac River within a 200 yard July—1st Saturday; William County, VA; radius of the fireworks barge in approximate posi- July—3rd, 4th or last Safety Zone. tion latitude 38°34′09″ N., longitude 077°15′32″ Saturday; September— W., located near Cherry Hill, Virginia. Saturday before Labor Day (observed). 20 July 4th ...... North Atlantic Ocean, All waters of the North Atlantic Ocean in an area Ocean City, MD; Safety bound by the following points: Latitude Zone. 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 safety zone extends approximately 300 yards offshore from the fireworks launch area located at the high water mark on the beach. 21 July 4th and Sunday Isle of Wight Bay, Ocean All waters of Isle of Wight Bay within a 200 yard ra- before Labor Day (ob- City, MD; Safety Zone. dius of the fireworks barge in approximate posi- served). tion latitude 38°22′31″ N., longitude 075°04′34″ W.

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TABLE TO § 165.506—Continued [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.]

No./enforcement period(s) 1 Location Safety zone—regulated area

22 July 4th ...... Assawoman Bay, Fenwick All waters of Assawoman Bay within a 360 yard ra- Island—Ocean City, dius of the fireworks launch location on the pier at MD; Safety Zone. the West end of Northside Park, in approximate position latitude 38°25′55″ N., longitude 075°03′53″ W. 23 April—1st Tuesday. Baltimore Harbor, Balti- All waters of Baltimore Harbor, Patapsco River, July 4th; December 31st. more Inner Harbor, MD; within a 280 yard radius of a fireworks barge in Safety Zone. approximate position latitude 39°16′36.7″ N., longitude 076°35′53.8″ W., located northwest of the Domino Sugar refinery wharf at Baltimore, Mary- land. 24 Thursday before July Chester River, Kent Is- All waters of Chester River, Kent Narrows North Ap- 4th (observed); and or land Narrows, MD, proach, within a 300 yard radius of the fireworks July 4th. Safety Zone. launch site at Kent Island in approximate position latitude 38°58′44.4″ N., longitude 076°14′51.7″ W., in Queen Anne’s County, MD.

1 July 4th ...... Linkhorn Bay, Virginia All waters of the Linkhorn Bay within a 400 yard ra- Beach, VA, Safety dius of the fireworks display in approximate posi- Zone. tion latitude 36°52′20″ N., longitude 076°00′38″ W., located near the Cavalier Golf and Yacht Club, Virginia Beach, Virginia. 2 September—last Friday York River, West Point, All waters of the York River near West Point, VA or October—1st Friday. VA, Safety Zone. within a 400 yard radius of the fireworks display located in approximate position latitude 37°31′25″ N., longitude 076°47′19″ W. 3 July 4th ...... York River, Yorktown, VA, All waters of the York River within a 400 yard radius Safety Zone. of the fireworks display in approximate position latitude 37°14′14″ N., longitude 076°30′02″W., located near Yorktown, Virginia. 4 July 4th, July 5th, July James River, Newport All waters of the James River within a 325 yard ra- 6th, or July 7th. News, VA, Safety Zone. dius 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, Newport News, Virginia. 5 June—1st and 4th Fri- Chesapeake Bay, Norfolk, All waters of the Chesapeake Bay within a 400 yard day; July—1st Friday; VA, Safety Zone. radius of the fireworks display located in position July 4th. latitude 36°57′21″ N., longitude 076°15′00″ W., located near Ocean View Fishing Pier. 6 July 4th or 5th ...... Chesapeake Bay, Virginia All waters of the Chesapeake Bay 400 yard radius Beach, VA, Safety of the fireworks display in approximate position Zone. latitude 36°55′02″ N., longitude 076°03′27″ W., located at the First Landing State Park at Virginia Beach, Virginia. 7 July 4th; December 31st, Elizabeth River, Southern All waters of the Elizabeth River Southern Branch in January 1st. Branch, Norfolk, VA, an area bound by the following points: Latitude Safety Zone. 36°50′54.8″ N., longitude 076°18′10.7″ W.; thence to latitude 36°51′7.9″ N., longitude 076°18′01″ W.; thence to latitude 36°50′45.6″ N., longitude 076°17′44.2″ W.; thence to latitude 36°50′29.6″ N., 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.

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TABLE TO § 165.506—Continued [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.]

No./enforcement period(s) 1 Location Safety zone—regulated area

8 July—3rd and or 4th Sat- John H. Kerr Reservoir, All waters of John H. Kerr Reservoir within a 400 urday. Clarksville, VA, Safety yard radius of approximate position latitude Zone. 36°37′51″ N., longitude 078°32′50″ W., located near the center span of the State Route 15 High- way Bridge. 9 June, July, August, and North Atlantic Ocean, Vir- All waters of the North Atlantic Ocean within a 1000 September—every ginia Beach, VA, Safety yard radius of the center located near the shore- Wednesday, Thursday, Zone A. line at approximate position latitude 36°51′12″ N., Friday, Saturday and longitude 075°58′06″ W., located off the beach Sunday. July 4th.. between 17th and 31st streets. 10 September—last Satur- North Atlantic Ocean, VA All waters of the North Atlantic Ocean within a 350 day or October—1st Sat- Beach, VA, Safety yard radius of approximate position latitude urday. Zone B. 36°50′35″ N., longitude 075°58′09″ W., located on the 14th Street Fishing Pier. 11 Friday, Saturday and North Atlantic Ocean, VA All waters of the North Atlantic Ocean within a 350 Sunday Labor Day Beach, VA, Safety yard radius of approximate position latitude Weekend. Zone C. 36°49′55″ N., longitude 075°58′00″ W., located off the beach between 2nd and 6th streets. 12 July 4th ...... Nansemond River, Suf- All waters of the Nansemond River within a 350 folk, VA, Safety Zone. yard radius of approximate position latitude 36°44′27″ N., longitude 076°34′42″ W., located near Constant’s Wharf in Suffolk, VA. 13 July 4th ...... Chickahominy River, Wil- All waters of the Chickahominy River within a 400 liamsburg, VA, Safety yard radius of the fireworks display in approxi- Zone. mate position latitude 37°14′50″ N., longitude 076°52′17″ W., near Barrets Point, Virginia. 14 July—3rd, 4th and 5th .. Great Wicomico River, All waters of the Great Wicomico River located with- Mila, VA, Safety Zone. in a 140 yard radius of the fireworks display at approximate position latitude 37°50′31″ N., longitude 076°19′42″ W. near Mila, Virginia. 15 ≤July—1st Friday, Sat- Cockrell’s Creek, All waters of Cockrell’s Creek located within a 140 urday and Sunday. Reedville, VA, Safety yard radius of the fireworks display at approxi- Zone. mate position latitude 37°49′54″ N., longitude 076°16′44″ W. near Reedville, Virginia. 16 May—last Sunday ...... James River, Richmond, All waters of the James River located within a 140 VA, Safety Zone. yard radius of the fireworks display at approximate position latitude 37°31′13.1″ N., longitude 077°25′07.84″ W., near Richmond, Virginia. 17 June—last Saturday ..... Rappahannock River, All waters of the Rappahannock River located within Tappahannock, VA, a 140 yard radius of the fireworks display at ap- Safety Zone. proximate position latitude 37°55′12″ N., longitude 076°49′12″ W. near Tappahannock, Virginia. 18 July 4th, August—1st Cape Charles Harbor, All waters of Cape Charles Harbor located within a Friday, Saturday and Cape Charles, VA, 125 yard radius of the fireworks display at ap- Sunday, and December Safety Zone. proximate position latitude 37°15′46.5″ N., lon- 31st. gitude 076°01′30.3″ W. near Cape Charles, Vir- ginia. 19 July 3rd or 4th ...... Pagan River, Smithfield, All waters of the Pagan River located within a 140 VA, Safety Zone. yard radius of the fireworks display at approximate position latitude 36°59′18″ N., longitude 076°37′45″ W., near Smithfield, Virginia. 20 July 4th ...... Sandbridge Shores, Vir- All waters of Sandbridge Shores located within a ginia Beach, VA, Safety 100 yard radius of the fireworks display at ap- Zone. proximate position latitude 36°43′24.9″ N., longitude 075°56′24.9″ W., near Virginia Beach, Vir- ginia. 21 July 4th, 5th or 6th ...... Chesapeake Bay, Virginia All waters of Chesapeake Bay located within a 200 Beach, VA, Safety yard radius of the fireworks display at approxi- Zone. mate position latitude 36°54′58.18″ N., longitude 076°06′44.3″ W., near Virginia Beach, Virginia.

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TABLE TO § 165.506—Continued [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.]

No./enforcement period(s) 1 Location Safety zone—regulated area

22 July 3rd, 4th and 5th .... Urbanna Creek, Urbanna, All waters of Urbanna Creek within a 120 yard ra- VA; Safety Zone. dius of the fireworks launch site at latitude 37°38′09″ N., longitude 076°34′03″ W., located on land near the east shoreline of Urbanna Creek and south of Bailey Point. 23 ≤April through August; Elizabeth River Eastern All waters of Eastern Branch Elizabeth River within every Wednesday, Branch, Norfolk, VA; the area along the shoreline immediately adjacent Thursday, Friday and Safety Zone. to Harbor Park Stadium ball park and outward Saturday; July 2nd, 3rd, into the river bound by a line drawn from latitude 4th, or 5th; last Sunday 36°50′30″ N., longitude 076°16′39.9″ W., thence in August; and Friday, south to 36°50′26.6″ N., longitude 076°16′39″ W., Saturday and Sunday of thence northwest to 36°50′28.8″ N., longitude Labor Day weekend. 076°16′49.1′ W., thence north to 36°50′30.9″ N., longitude 076°16′48.6″ W., thence east along the shoreline to point of origin.

(d) Coast Guard Sector North Carolina—COTP Zone

1 July 4th; October—1st Morehead City Harbor All waters of the Morehead City Harbor Channel Saturday. Channel, NC, Safety that fall within a 360 yard radius of latitude Zone. 34°43′01″ N., 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: day; October—1st Satur- Zone. Latitude 34°13′54″ N., longitude 077°57′06″ W.; day. 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 east 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. 3 July 1st Saturday and Green Creek and Smith All waters of Green Creek and Smith Creek that fall July 4th. Creek, Oriental, NC, within a 300 yard radius of the fireworks launch Safety Zone. site 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 beth City, NC, Safety yard radius of the fireworks launch barge in ap- Zone. proximate position latitude 36°17′47″ N., longitude 076°12′17″ W., located approximately 400 yards north of Cottage Point, NC. 5 July 4th, or July 5th ...... Currituck Sound, Corolla, All waters of the Currituck Sound within a 300 yard NC, Safety Zone. radius of the fireworks launch site in approximate position latitude 36°22′23.8″ N., longitude 075°49′56.3″, located near Whale Head Bay. 6 July 4th November—3rd Middle Sound, Figure All waters of the Figure Eight Island Causeway Saturday. Eight Island, NC, Safety Channel from latitude 34°16′32″ N., longitude Zone. 077°45′32″ W., thence east along the marsh to latitude 34°16′19″ N., longitude 077°44′55″ W., thence south to the causeway at latitude 34°16′16″ N., longitude 077°44′58″ W., thence west along the shoreline to latitude 34°16′29″ N., longitude 077°45′34″ W., thence back to the point of origin.

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TABLE TO § 165.506—Continued [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.]

No./enforcement period(s) 1 Location Safety zone—regulated area

7 June—2nd Saturday; Pamlico River, Wash- All waters of Pamlico River and Tar River within a July 4th. ington, NC, Safety 300 yard radius of latitude 35°32′25″ N., longitude Zone. 077°03′42″ W., a position located on the southwest shore of the Pamlico River, Washington, NC. 8 July 4th ...... Neuse River, New Bern, All waters of the Neuse River within a 360 yard ra- NC, Safety Zone. dius 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. November— Motts Channel, Banks All waters of Motts Channel within a 500 yard radius Saturday following Channel, Wrightsville of the fireworks launch site in approximate posi- Thanksgiving Day. Beach, NC, Safety tion latitude 34°12′29″ N., longitude 077°48′27″ Zone. W., approximately 560 yards south of Sea Path Marina, Wrightsville Beach, NC. 10 July 4th ...... Cape Fear River, All waters of the Cape Fear River within a 600 yard Southport, NC, Safety radius of the fireworks barge in approximate posi- Zone. tion latitude 33°54′40″ N., longitude 078°01′18″ W., approximately 700 yards south of the waterfront at Southport, NC. 11 July 4th ...... Big Foot Slough, All waters of Big Foot Slough within a 300 yard ra- Ocracoke, NC, Safety dius of the fireworks launch site in approximate Zone. position latitude 35°06′54″ N., longitude 075°59′24″ W., approximately 100 yards west of the Silver Lake Entrance Channel at Ocracoke, NC. 12 August—1st Tuesday ... New River, Jacksonville, All waters of the New River within a 300 yard radius NC, Safety Zone. of 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. 13 July 4th, October—2nd Atlantic Intracoastal Wa- All waters of the Atlantic Intracoastal Waterway Saturday. terway, Swansboro, within a 300 yard radius of approximate position NC, Safety Zone. latitude 34°41′02″ N., longitude 077°07′04″ W., located on Pelican Island. 14 September—4th or last Shallowbag Bay, Manteo, All waters of Shallowbag Bay within a 200 yard ra- Saturday. NC; Safety Zone. dius of a fireworks barge anchored at latitude 35°54′31″ N., longitude 075°39′42″ W. 1 As noted in paragraph (d) of this section, the enforcement period for each of the listed safety zones is subject to change.

[USCG–2017–0064, 82 FR 27006, June 13, 2017] (b) Location. The following area is a security zone: All waters of the Chesa- § 165.507 Security Zone; Chesapeake peake Bay, from the surface to the bot- Bay, between Sandy Point and Kent tom, within 250 yards north of the Island, MD. north (westbound) span of the William (a) Definitions. The ‘‘Captain of the P. Lane Jr. Memorial Bridge, and 250 Port, Maryland-National Capital Re- yards south of the south (eastbound) gion’’ means the Commander, Coast span of the William P. Lane Jr. Memo- Guard Sector Maryland-National Cap- rial Bridge, from the western shore at ital Region or any Coast Guard com- Sandy Point to the eastern shore at missioned, warrant, or petty officer Kent Island, Maryland. who has been authorized by the Cap- (c) Regulations. (1) All persons are re- tain of the Port, Maryland-National quired to comply with the general reg- Capital Region to act on his or her be- ulations governing security zones half. found in § 165.33 of this part.

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(2) Entry into or remaining in this the Boundary Channel, Pentagon La- zone is prohibited unless authorized by goon, Georgetown Channel Tidal Basin, the Coast Guard Captain of the Port, and Roaches Run; Maryland-National Capital Region. (2) Zone 2. All navigable waters of the (3) Persons or vessels requiring entry Anacostia River, from shoreline to into or passage through the security shoreline, bounded to the north by the zone must first request authorization John Philip Sousa (Pennsylvania Ave- from the Captain of the Port, Sector nue) Bridge, at mile 2.9, and bounded to Maryland-National Capital Region the south by a line drawn from the Dis- seek permission to transit the area. trict of Columbia shoreline at Hains The Captain of the Port, Maryland-Na- Point at position 38°51′24.3″ N., tional Capital Region can be contacted 077°01′19.8″ W., southward across the at telephone number (410) 576–2693. The Anacostia River to the District of Co- Coast Guard vessels enforcing this sec- lumbia shoreline at Giesboro Point at tion can be contacted on VHF Marine position 38°50′52.4″ N., 077°01′10.9″ W., in- Band Radio, VHF channel 16 (156.8 MHz). Upon being hailed by a U.S. cluding the waters of the Washington Coast Guard vessel by siren, radio, Channel; flashing light, or other means, the op- (3) Zone 3. All navigable waters of the erator of a vessel shall proceed as di- Potomac River, from shoreline to rected. If permission is granted, all per- shoreline, bounded to the north by a sons and vessels must comply with the line drawn from the Virginia shoreline instructions of the Captain of the Port, at Ronald Reagan Washington National Maryland-National Capital Region and Airport, at 38°51′21.3″ N., 077°02′00.0″ W., proceed at the minimum speed nec- eastward across the Potomac River to essary to maintain a safe course while the District of Columbia shoreline at within the zone. Hains Point at position 38°51′24.3″ N., (d) Enforcement. The U.S. Coast 077°01′19.8″ W., thence southward across Guard may be assisted in the patrol the Anacostia River to the District of and enforcement of the zone by Fed- Columbia shoreline at Giesboro Point eral, State, and local agencies. at position 38°50′52.4″ N., 077°01′10.9″ W., (e) Enforcement period. This section and bounded to the south by the Wood- will be enforced annually on the second row Wilson Memorial (I–95/I–495) Sunday in November from 7 a.m. to 11 Bridge, at mile 103.8. a.m., and if necessary due to inclement (4) Zone 4. All navigable waters of the weather, on the third Sunday in No- Georgetown Channel of the Potomac vember from 7 a.m. to 11 a.m. River, 75 yards from the eastern shore [USCG–2014–0296, 79 FR 49690, Aug. 22, 2014, as measured perpendicularly to the shore, amended by USCG–2016–0060, 81 FR 38594, between the Long Railroad Bridge (the June 14, 2016] most eastern bridge of the 5-span, Fourteenth Street Bridge Complex) to § 165.508 Security Zone; Potomac River and Anacostia River, and ad- the Theodore Roosevelt Memorial jacent waters; Washington, DC. Bridge; and all waters in between, to- tally including the waters of the (a) Location. Coordinates used in this paragraph are based on NAD83. The fol- Georgetown Channel Tidal Basin. lowing areas are security zones: (5) Zone 5. All navigable waters in the (1) Zone 1. All navigable waters of the Potomac River, including the Bound- Potomac River, from shoreline to ary Channel and Pentagon Lagoon, shoreline, bounded to the north by the bounded on the west by a line running Francis Scott Key (US–29) Bridge, at north to south from points along the mile 113, and bounded to the south by a shoreline at 38°52′50″ N., 077°03′25″ W., line drawn from the Virginia shoreline thence to 38°52′49″ N., 077°03′25″ W.; and at Ronald Reagan Washington National bounded on the east by a line running Airport, at 38°51′21.3″ N., 077°02′00.0″ W., from points at 38°53′10″ N., 077°03′30″ W., eastward across the Potomac River to thence northeast to 38°53′12″ N., the District of Columbia shoreline at 077°03′26″ W., thence southeast to Hains Point at position 38°51′24.3″ N., 38°52′31″ N., 077°02′34″ W., and thence 077°01′19.8″ W., including the waters of southwest to 38°52′28″ N., 077°02′38″ W.

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(6) Zone 6. All navigable waters de- officer who has been authorized by the scribed in paragraphs (a)(1) through Captain of the Port to act on his or her (a)(3) of this section. behalf. (b) Regulations. The general security Designated representative means any zone regulations found in 33 CFR 165.33 Coast Guard commissioned, warrant, or apply to the security zones created by petty officer who has been authorized this section, § 165.508. by the Captain of the Port Maryland- (1) Entry into or remaining in a zone National Capital Region to assist in en- listed in paragraph (a) in this section is forcing the security zones described in prohibited unless authorized by the paragraph (a) of this section. Coast Guard Captain of the Port Mary- Public vessel means a vessel that is land-National Capital Region. Public owned or demise-(bareboat) chartered vessels and vessels already at berth at by the government of the United the time the security zone is imple- States, by a State or local government, mented do not have to depart the secu- or by the government of a foreign rity zone. All vessels underway within country and that is not engaged in the security zone at the time it is im- commercial service. plemented are to depart the zone at the (d) Enforcement. (1) In addition to the time the security zone is implemented. specified times in paragraphs (d)(2) (2) Persons desiring to transit the through (4) of this section, the security area of the security zone must first ob- zones created by this section will be tain authorization from the Captain of enforced only upon issuance of a notice the Port Maryland-National Capital of enforcement by the Captain of the Region or his or her designated rep- Port Maryland-National Capital Re- resentative. To seek permission to gion. The Captain of the Port Mary- transit the area, the Captain of the land-National Capital Region will Port Maryland-National Capital Re- cause notice of enforcement of these gion and his or her designated rep- security zones to be made by all appro- resentatives can be contacted at tele- priate means to the affected segments phone number 410–576–2693 or on Marine of the public of the enforcement dates Band Radio, VHF–FM channel 16 (156.8 and times of the security zones includ- MHz). The Coast Guard vessels enforcing publication in the FEDERAL REG- ing this section can be contacted on ISTER, in accordance with 33 CFR Marine Band Radio, VHF–FM channel 165.7(a). Such means of notification 16 (156.8 MHz). Upon being hailed by a may also include, but are not limited U.S. Coast Guard vessel, or other Fed- to Broadcast Notice to Mariners or eral, State, or local agency vessel, by Local Notice to Mariners. siren, radio, flashing light, or other (2) Security Zone 4, established in means, the operator of a vessel shall paragraph (a)(4) of this section, will be proceed as directed. If permission is enforced annually, from 12:01 a.m. to granted, all persons and vessels must 11:59 p.m. on July 4. comply with the instructions of the (3) Security Zone 5, established in Captain of the Port Maryland-National paragraph (a)(5) of this section, will be Capital Region or his designated rep- enforced annually on three dates: Me- resentative and proceed at the min- morial Day (observed), September 11, imum speed necessary to maintain a and November 11. Security Zone 5 will safe course while within the zone. be enforced from 10 a.m. until 1 p.m. on (3) The U.S. Coast Guard may be as- Memorial Day (observed); from 8 a.m. sisted in the patrol and enforcement of until 11:59 a.m. on September 11; and the security zones listed in paragraph from 10 a.m. until 1 p.m. on November (a) in this section by Federal, State, 11. and local agencies. (4) Security Zone 6, established in (c) Definitions. As used in this sec- paragraph (a)(6) of this section, will be tion: enforced annually on the day the State Captain of the Port Maryland-National of the Union Address is delivered. Secu- Capital Region means the Commander, rity Zone 6 will be enforced from 9 a.m. U.S. Coast Guard Sector Maryland-Na- on the day of the State of the Union tional Capital Region or any Coast Address until 2 a.m. on the following Guard commissioned, warrant or petty day.

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(e) Suspension of enforcement. (1) The tional Capital Region can be contacted Captain of the Port Maryland-National at telephone number (410) 576–2693. The Capital Region may suspend enforce- Coast Guard vessels enforcing this sec- ment of the enforcement period in tion can be contacted on Marine Band paragraphs (d)(1) through(4) in this sec- Radio VHF channel 16 (156.8 MHz). tion earlier than listed in the notice of Upon being hailed by a U.S. Coast enforcement. Should the Captain of the Guard vessel by siren, radio, flashing Port Maryland-National Capital Re- light, or other means, the operator of a gion suspend the zone earlier than the vessel shall proceed as directed. If per- duration listed, he or she will make the mission is granted, all persons and ves- public aware of this suspension by sels must comply with the instructions Broadcast Notice to Mariners and/or of the Captain of the Port, Maryland- on-scene notice by his or her des- National Capital Region and proceed at ignated representative. the minimum speed necessary to main- [USCG–2016–0675, 81 FR 81005, Nov. 17, 2016] tain a safe course while within the zone. § 165.509 Security Zone; Severn River (d) Enforcement. The U.S. Coast and College Creek, Annapolis, MD. Guard may be assisted in the patrol (a) Definitions. For purposes of this and enforcement of the zone by Fed- section, the Captain of the Port, Mary- eral, State, and local agencies. land-National Capital Region means the (e) Enforcement period. This section Commander, Coast Guard Sector Mary- will be enforced annually on the Friday land-National Capital Region or any before the Memorial Day holiday in Coast Guard commissioned, warrant, or May from 7:30 a.m. to 2 p.m. local time. petty officer who has been authorized [CGD05–06–112, 72 FR 24188, May 2, 2007, as by the Captain of the Port, Maryland- amended by USCG–2016–0060, 81 FR 38594, National Capital Region to act on his June 14, 2016] or her behalf. (b) Location. The following area is a § 165.510 Delaware Bay and River, security zone: All waters of the Severn Salem River, Christina River and River, from shoreline to shoreline, Schuylkill River-Regulated Naviga- bounded by a line drawn from Horse- tion Area. shoe Point, at 38°59′47.6″ N, 076°29′33.2″ (a) Regulated Navigation Area. The fol- W; eastward across the Severn river to lowing is a Regulated Navigation Area: a point located at 39°00′01.5″ N, The navigable waters of Delaware Bay 076°29′08.5″ W; and a line drawn from and River, Salem River, Christina Biemans Point, at 38°59′14.4″ N, River, and Schuylkill River, in an area 076°28′30.1″ W; westward across the Sev- bounded on the south by a line drawn ern River to a point 38°59′03.5″ N, across the entrance to the Delaware 076°28′50.0″ W, located on the Naval Bay between Cape May Light and Har- Academy waterfront. This security bor of Refuge Light and then con- zone includes the waters of College tinuing to the northernmost extremity Creek eastward of the King George of Cape Henlopen, and bounded on the Street Bridge (NAD 1983). north by a line drawn across the Dela- (c) Regulations. (1) The general regu- ware River between Trenton, NJ and lations governing security zones found Morrisville, PA along the southern side in § 165.33 apply to the security zone de- of the U.S. Route 1 Bridge. scribed in paragraph (b) of this section. (b) Definitions. As used in this sec- (2) Entry into or remaining in this tion: zone is prohibited unless authorized by COTP means the Captain of the Port, the Coast Guard Captain of the Port, Delaware Bay and any Coast Guard Maryland-National Capital Region. commissioned, warrant or petty officer (3) Persons or vessels requiring entry who has been authorized by the COTP into or passage through the security to act on his or her behalf. zone must first request authorization Dangerous Cargo means those cargoes from the Captain of the Port, Sector listed in § 160.202 of this chapter when Maryland-National Capital Region carried in bulk, but does not include seek permission to transit the area. cargoes listed in table 1 of 46 CFR part The Captain of the Port, Maryland-Na- 153.

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Underway means that a vessel is not (4) Not transfer dangerous cargo at anchor, made fast to the shore, or while the vessel is at anchor or bun- aground. kering; (c) Applicability. This section applies (5) Maintain a manned watch in the to any vessel operating within the Reg- steering compartment whenever the ulated Navigation Area, including a vessel is underway within the regu- naval or public vessel, except a vessel lated navigation area unless the vessel engaged in: has two separate and independent (1) Law enforcement; steering control systems with dupli- (2) Servicing aids to navigation; or cate pilothouse steering gear control (3) Surveying, maintaining, or im- systems which meet the requirements proving waters within the Regulated of 46 CFR 58.25–70; Navigation Area. (6) When anchored within the regulated navigation area and: (d) Draft limitation. Unless otherwise (i) Sustained winds are greater than authorized by the COTP, no vessel with 25 knots but less than 40 knots, ensure a draft greater than 55 feet may enter the main engines are ready to provide this regulated navigation area. full power in five minutes or less; and NOTE: The project depth in many areas of (ii) Sustained winds are 40 knots or the Regulated Navigation Area is less than over, ensure that the main engines are 55 feet. on line to immediately provide propul- (e) Oil transfer operations. Unless oth- sion; erwise authorized by the COTP, no ves- (7) While moored within the regulated navigation area, ensure that at sel to vessel oil transfer operations, ex- least two wire cable mooring lines cluding bunkering, may be conducted (firewarps) are rigged and ready for use within the area between the southern as emergency towing hookups fore and boundary of this regulated navigation aft on the outboard side of the vessel; area and the southern span of the Dela- (8) While underway or anchored with- ware Memorial Bridge except within in the regulated navigation area, en- 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 under- of the port or starboard side or within way within the regulated navigation 1,000 yards of the bow or stern of an un- area if visibility is or is expected to be derway vessel that is carrying dan- less than two (2) miles. If during the gerous cargo; or transit visibility becomes less than two (ii) Come or remain within 100 yards (2) miles, the vessel must seek safe an- of a moored or anchored vessel car- chorage and notify the COTP imme- rying dangerous cargo. diately; (2) The master, owner, or operator of (3) Not anchor in any area within the any vessel receiving permission under regulated navigation area unless in paragraph (g)(1) of this section shall: times of emergency or with COTP per- (i) Maintain a continuous radio guard mission; on VHF-FM channels 13 and 16;

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(ii) Operate at ‘‘no wake’’ speed or passenger vessel without the permis- the minimum speed needed to maintain sion of the Captain of the Port Dela- steerage; and ware Bay or designated representative (iii) Proceed as directed by the while the passenger vessel is in the COTP. Captain of the Port Philadelphia zone. (3) No vessel may overtake a vessel (4) Any person or vessel authorized to carrying dangerous cargoes unless the enter the security zone must operate in overtaking can be completed before strict conformance with any directions reaching any bend in the channel. Be- given by the Captain of the Port Dela- fore any overtaking, the pilots, mas- ware Bay or designated representative ters or operators of both the over- and leave the security zone imme- taking vessel and the vessel being over- diately if the Captain of the Port Dela- taken must clearly agree on the cir- ware Bay or designated representative cumstances of the overtaking, includ- so orders. ing vessel speeds, time and location of (5) When an escorted passenger vessel overtaking. approaches within 100 yards of any ves- (h) Additional restrictions above the sel that is moored or anchored, the sta- C&D Canal. When operating on the tionary vessel must stay moored or an- Delaware River above the C&D Canal: chored while it remains within 100 (1) A vessel carrying dangerous cargo yards of the passenger vessel unless it must be escorted by at least one com- is either ordered by or given permis- mercial tug; and sion by the Captain of the Port, Dela- (2) Meeting situations shall be avoid- ware Bay or designated representative ed on river bends to the maximum ex- to do otherwise. tent possible. (6) The Coast Guard designated rep- (i) The COTP will issue a Broadcast resentative enforcing this section can Notice to Mariners to inform the ma- be contacted on VHF Marine Band rine community of scheduled vessel Radio, channels 13 and 16. The Captain 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 [CGD 05–96–010, 62 FR 40275, July 28, 1997, as conditions permit, the Captain of the amended by USCG–2000–7223, 65 FR 40058, Port or designated representative June 29, 2000; USCG–2005–21869, 80 FR 5336, should: Jan. 30, 2015] (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 escorted passenger vessels in the Cap- (COLREGS and their associated An- tain of the Port, Delaware Bay zone as nexes and Inland Navigation Rules (33 defined in 33 CFR 3.25–05. CFR subchapter E)); and (b) Regulations. (1) All persons are re- (2) Permit vessels constrained by quired to comply with the general reg- their navigational draft or restricted in ulations governing security zones in their ability to maneuver that must § 165.33 of this part. transit via a navigable channel or wa- (2) All persons or vessels operating at terway to pass within 100 yards of an the minimum safe speed necessary to anchored passenger vessel. maintain navigation may transit with- (d) Definitions. As used in this sec- in 500 yards of an escorted passenger tion— vessel without the permission of the Captain of the Port means the Com- Captain of the Port Delaware Bay, PA manding Officer of the Coast Guard or designated representative while the Sector Delaware Bay or any Coast escorted passenger vessel is in the Cap- Guard commissioned, warrant, or petty tain of the Port Delaware Bay zone. officer who has been authorized by the (3) No person or vessel may transit or Captain of the Port to act as a des- remain within 100 yards of an escorted ignated representative on his behalf.

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Escort means assets (surface or air) at telephone number (410) 576–2693. The with the Coast Guard insignia that ac- Coast Guard vessels enforcing this sec- company and protect the escorted ves- tion can be contacted on Marine Band sel, armed with crew-served weapons Radio VHF Channel 16 (156.8 MHz). that are manned and ready. Upon being hailed by a U.S. Coast Passenger vessels means vessels great- Guard vessel by siren, radio, flashing er than 100 feet in length, over 100 gross light, or other means, the person or tons that are authorized to carry 500 or vessel shall proceed as directed. If per- more passengers, making voyages last- mission is granted, all persons or ves- ing more than 24 hours, except for fer- sels must comply with the instructions ries. of the Captain of the Port, Maryland- National Capital Region, and proceed [CGD05–04–047, 69 FR 56697, Sept. 22, 2004, as amended by USCG–2015–0433, 80 FR 44286, at the minimum speed necessary to July 27, 2015] maintain a safe course while within the zone. § 165.512 Safety Zone; Patapsco River, (d) Enforcement. The U.S. Coast Northwest and Inner Harbors, Bal- Guard may be assisted in the patrol timore, MD. and enforcement of the zone by Fed- (a) Definitions. For the purposes of eral, State and local agencies. this section: (e) Enforcement period. This section (1) Captain of the Port, Maryland-Na- will be enforced from 2 p.m. through 7 tional Capital Region means the Com- p.m. on the Thursday before Memorial mander, Coast Guard Maryland-Na- Day (observed), and, if necessary due to tional Capital Region or any Coast inclement weather, from 2 p.m. Guard commissioned, warrant, or petty through 7 p.m. on the Thursday fol- officer who has been authorized by the lowing Memorial Day (observed). Captain of the Port, Maryland-Na- [CGD05–07–010, 72 FR 34624, June 25, 2007, as tional Capital Region to act on his or amended by USCG–2012–1075, 78 FR 14189, her behalf. Mar. 5, 2013; USCG–2016–0060, 81 FR 38594, (2) USS CONSTELLATION ‘‘turn- June 14, 2016] around’’ participants means the USS CONSTELLATION, its support craft § 165.513 Safety Zone; Magothy River, and the accompanying towing vessels. Sillery Bay, MD. (b) Location. The following area is a (a) Regulated area. The following area moving safety zone: All waters, from is a safety zone: All waters of the Mag- surface to bottom, within 200 yards othy River, in Sillery Bay, contained ahead of or 100 yards outboard or aft of within lines connecting the following the historic sloop-of-war USS CON- positions: From position latitude STELLATION, while operating in the 39°04′40″ N, longitude 076°27′44″ W; Inner Harbor, the Northwest Harbor thence to position latitude 39°04′48″ N, and the Patapsco River. longitude 076°27′19″ W; thence to posi- (c) Regulations. (1) The general regu- tion latitude 39°04′59″ N, longitude lations governing safety zones, found 076°27′45″ W; thence to position latitude in § 165.23, apply to the safety zone de- 39°04′59″ N, longitude 076°28′01″ W; scribed in paragraph (b) of this section. thence to position latitude 39°04′41″ N, (2) With the exception of USS CON- longitude 076°27′51″ W; thence to the STELLATION ‘‘turn-around’’ partici- point of origin at position latitude pants, entry into or remaining in this 39°04′40″ N, longitude 076°27′44″ W. All zone is prohibited, unless authorized by coordinates reference Datum NAD 1983. the Captain of the Port, Maryland-Na- (b) Definitions. As used in this sec- tional Capital Region. tion: (3) Persons or vessels requiring entry (1) Captain of the Port Baltimore into or passage through the moving means the Commander, U.S. Coast safety zone must first request author- Guard Sector Baltimore, Maryland. ization from the Captain of the Port, (2) Designated representative means Maryland-National Capital Region to any Coast Guard commissioned, war- seek permission to transit the area. rant, or petty officer who has been au- The Captain of the Port, Maryland-Na- thorized by the Captain of the Port tional Capital Region can be contacted Baltimore to assist in enforcing the

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safety zone described in paragraph (a) § 165.514 Safety Zone: Atlantic Intra- of this section. coastal Waterway and connecting (c) Regulations. (1) All persons are re- waters, vicinity of Marine Corps quired to comply with the general reg- Base Camp Lejeune, North Caro- lina. ulations governing safety zones found in 33 CFR 165.23. (a) Location. The following area is a (2) All vessels and persons are prohib- safety zone: All waters of the Atlantic ited from entering and accessing this Intracoastal Waterway (AICW) and safety zone, except as authorized by connecting waters, from Bogue Sound—New River Light 58 (LLNR the Captain of the Port, Maryland-Na- 39210) at approximate position 34°37′57″ tional Capital Region or his or her des- North, 077°12′18″ West, and continuing ignated representative. in the AICW southwest to Bogue (3) Persons or vessels requiring entry Sound—New River Daybeacon 70 into or passage within the safety zone (LLNR 39290) at approximate position must request authorization from the 34°33′07″ North, 077°20′30″ West. All co- Captain of the Port, Maryland-Na- ordinates reference Datum: NAD 1983. tional Capital Region or his or her des- (b) Regulations. Notwithstanding the ignated representative, by telephone at provisions of 33 CFR 334.440(e)(2)(i), no (410) 576–2693 or by marine band radio vessel may enter the safety zone de- on VHF–FM Channel 16 (156.8 MHz), scribed in paragraph (a) of this section from 8 a.m. until 10 p.m. on the fourth while weapons firing exercises are in Saturday in July annually. All Coast progress, except as provided in para- Guard vessels enforcing this safety graph (c) of this section or unless per- zone can be contacted on marine band mitted by the Captain of the Port radio VHF–FM Channel 16 (156.8 MHz). (COTP) North Carolina. (4) All vessels and persons must com- (1) Red warning flags or red warning ply with instructions of the Captain of lights will be displayed on towers lo- the Port, Maryland-National Capital cated at both ends of the safety zone Region or his or her designated rep- (Bear Creek and Cedar Point) while firing exercises are in progress. The flags resentative. or lights will be displayed by 8 a.m. on (5) The operator of any vessel enter- days where firing exercises are sched- ing or located within this safety zone uled, and will be removed at the end of shall: the firing exercise. (i) Travel at no-wake speed, (2) A Coast Guard or U.S. Navy vessel (ii) Stop the vessel immediately upon will patrol each end of the safety zone being directed to do so by any commis- to ensure the public is aware that fir- sioned, warrant or petty officer on ing exercises are in progress and that board a vessel displaying a Coast Guard the firing area is clear of vessel traffic Ensign, and before weapons are fired. (iii) Proceed as directed by any com- (c) General information—(1) Announce- missioned, warrant or petty officer on ments. The COTP North Carolina will board a vessel displaying a Coast Guard announce the specific times and loca- Ensign. tions of firing exercises by Broadcast (d) Enforcement. The U.S. Coast Notice to Mariners and Local Notice to Guard may be assisted in the patrol Mariners. Normally, weapons firing for and enforcement of the safety zone by each firing exercise is limited to a two any Federal, State, and local agencies. nautical mile portion of the safety zone. The COTP may issue general per- (e) Enforcement period. This section mission to transit all or specified parts will be enforced from 8 a.m. until 10 of the safety zone outside of the actual p.m. on the fourth Saturday in July an- firing area or if firing is temporarily nually. stopped. This general permission will [USCG–2012–0001, 77 FR 24840, Apr. 26, 2012, as be announced in a Local Notice to amended by USCG–2016–0060, 81 FR 38595, Mariners and Broadcast Notice to June 14, 2016] Mariners. (2) Camp Lejeune artillery operations. Artillery weapons firing over the AICW

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from Marine Corps Base Camp Lejeune (Chandler’s Wharf), back across the will be suspended and vessels permitted Cape Fear River to Eagle Island, and to transit the specified 2-nautical-mile then up along the west bank of the firing area for a 1-hour period begin- Cape Fear River to the stern of the ning at the start of each odd-numbered Battleship USS NORTH CAROLINA. hour local time (e.g., 9 a.m.; 1 p.m.). A (b) Definitions. The designated rep- vessel may not enter the specified fir- resentative of the Captain of the Port is ing area unless it will be able to com- any Coast Guard commissioned, war- plete its transit of the firing area be- rant, or petty officer who has been au- fore firing exercises are scheduled to thorized by the Captain of the Port, re-start. North Carolina to act on his behalf. (3) Atlantic Ocean naval gunnery live (c) General information. The Captain fire operations. Naval gunnery live fire of the Port and the Command Duty Of- operations over the AICW from off ficer at Sector North Carolina can be shore on the Atlantic Ocean may be contacted at telephone number (877) conducted for periods not to exceed 4 229–0770 or (910) 772–2200. The Coast hours, then suspended and vessels per- Guard Patrol Commander and the sen- mitted to transmit the specified two- ior boarding officer on each vessel en- mile firing area for a minimum of one forcing the safety zone can be con- hour before firing may resume. A ves- tacted on 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 Sector North Carolina by telephone being directed to do so by any commis- at (877) 229–0770 or (910) 772–2200. sioned, warrant, or petty officer on board a vessel displaying a Coast Guard [CGD 05–98–38, 63 FR 58636, Nov. 2, 1998, as amended by USCG–2000–7223, 65 FR 40058, Ensign. June 29, 2000; CGD05–03–167, 69 FR 41946, July (ii) Proceed as directed by any com- 13, 2004; USCG–2011–0368, 76 FR 26605, May 9, missioned, warrant, or petty officer on 2011; USCG–2015–0433, 80 FR 44286, July 27, board a vessel displaying a Coast Guard 2015] Ensign. (2) Any spectator vessel may anchor § 165.515 Safety Zone: Cape Fear outside of the regulated area specified River, Wilmington, North Carolina. in paragraph (a) of the section, but (a) Location. The following area is a may not block a navigable channel. safety zone: (e) Effective date. The Captain of the (1) The waters of the Cape Fear River Port will issue a Marine Safety Infor- bounded by a line connecting the fol- mation Broadcast and a Notice to lowing points: Mariners to notify the public when this section is in effect. Latitude Longitude [59 FR 33200, June 28, 1994, as amended by ° ′ ″ ° ′ ″ 34 14 12 N 77 57 10 W USCG–2000–7223, 65 FR 40059, June 29, 2000; 34°14′12″ N 77°57′06″ W 34°13′54″ N 77°57′00″ W USCG–2011–0368, 76 FR 26605, May 9, 2011] 34°13′54″ N 77°57′06″ W § 165.518 Security Zone; Waters of the (2) The safety zone boundary can be Fifth Coast Guard District. described as follows: starting at the (a) Definitions. As used in this sec- stern of the Battleship USS NORTH tion— CAROLINA, across the Cape Fear River Designated Representative means any to the north end of the Coast Guard U.S. Coast Guard commissioned, war- moorings, down along the east bank of rant or petty officer who has been au- the Cape Fear River to the bow of the thorized by the District Commander or tug CAPTAIN JOHN TAXIS Memorial local Captain of the Port (COTP), as

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defined in 33 CFR part 3, subpart 3.25, during which individual security zones to act on his or her behalf. have been activated by providing no- Escorted vessel means a vessel, other tice in accordance with 33 CFR 165.7. than a U.S. naval vessel as defined in (6) When moored, a security zone § 165.2015, that is accompanied by one around an escorted vessel may also be or more Coast Guard assets or Federal, enforced by Coast Guard, State or State or local law enforcement agency Local law enforcement personnel assets as listed below: shoreside. (1) Coast Guard surface or air asset (7) Persons desiring to transit within displaying the Coast Guard insignia. 100 yards of an escorted vessel in the (2) Coast Guard Auxiliary surface Fifth Coast Guard District must con- asset displaying the Coast Guard Aux- tact the local Captain of the Port on iliary insignia. VHF channel 16 (156.800 MHz), VHF (3) State and/or local law enforce- channel 13 (156.650 MHz) or at telephone ment asset displaying the applicable numbers: agency markings and or equipment as- Philadelphia: (215) 271–4807 sociated with the agency. Maryland-National Capital Region: (410) 576– State and/or local law enforcement offi- 2693 cers means any State or local govern- Hampton Roads: (757) 668–5555 or (757) 484– ment law enforcement officer who has 8192 authority to enforce State criminal North Carolina: (877) 229–0770 or (910) 772–2200 laws. (8) If permission is granted to transit (b) Location. The following area is a within 100 yards of an escorted vessel, security zone: 500-yard radius around all persons and vessels must comply escorted vessels in the navigable with the instructions of the District waters of the Fifth Coast Guard Dis- Commander, Captain of the Port or trict as defined in 33 CFR 3.25–1, from their designated representative. surface to bottom. (c) Regulations. (1) No vessel may ap- [CGD05–04–171, 70 FR 11551, Mar. 9, 2005, as proach within 500 yards of an escorted amended by USCG–2011–0368, 76 FR 26605, May 9, 2011; USCG–2015–0433, 80 FR 44286, vessel within the navigable waters of July 27, 2015] the Fifth Coast Guard District, unless traveling at the minimum speed nec- EDITORIAL NOTE: At 81 FR 38595, June 14, 2016, § 165.518 was amended in paragraph essary to navigate safely. (c)(3); however, the amendment could not be (2) No vessel may enter within a 100- incorporated due to inaccurate amendatory yard radius of an escorted vessel within instruction. the navigable waters of the Fifth Coast Guard District, without approval from § 165.520 Regulated Navigation Area; the District Commander, Captain of Herbert C. Bonner Bridge, Oregon the Port or their designated represent- Inlet, NC. atives. (a) Regulated area. The following area (3) Moored or anchored vessels, which is a Regulated Navigation Area (RNA): are overtaken by a moving zone, must All navigable waters of Oregon Inlet, remain stationary at their location North Carolina within 100 yards under until the escorted vessel maneuvers at or surrounding any portion of the Her- least 500 yards past. bert C. Bonner Bridge. (4) Vessels restricted in their ability (b) Definitions. As used in this sec- to maneuver may request permission of tion: the District Commander, Captain of (1) Captain of the Port means the Cap- the Port or designated representative tain of the Port (COTP) North Caro- to enter the security zone in order to lina. ensure safe passage in accordance with (2) Captain of the Port Representative the Navigation Rules (COLREGS and means any Coast Guard commissioned, their associated Annexes and Inland warrant, or petty officer who has been Navigation Rules (33 CFR subchapter authorized by the Captain of the Port E)).. North Carolina to act as a designated (5) The local COTP may notify the representative of the COTP. maritime and general public by marine (3) Hazardous condition means any information broadcast of the periods condition that may adversely affect

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the safety of any vessel, bridge, struc- (4) In accordance with the general ture, or shore area or the environ- regulations, entry into, anchoring, or mental quality of any port, harbor, or movement within the RNA, during pe- navigable waterway of the United riods of enforcement, is prohibited un- States, as defined in 33 CFR 160.204. less authorized by the Captain of the (4) Official patrol vessel means any Port (COTP) or the COTP’s on-scene Coast Guard, Coast Guard Auxiliary, designated representative. The ‘‘on- state, or local law enforcement ves- scene designated representative’’ of the sel(s) assigned and authorized by COTP COTP is any Coast Guard commis- North Carolina. sioned, warrant or petty officer who (c) Regulations. (1) The general regu- has been designated by the COTP to lations governing Regulated Naviga- act on the COTP’s behalf. The on-scene tion Areas found in 33 CFR 165.10, representative may be on a Coast 165.11, and 165.13, including the Regu- Guard vessel; State agency vessel, or lated Navigation Area described in other designated craft; or may be on paragraph (a) of this section and the shore and will communicate with ves- following regulations, apply. sels via VHF–FM marine band radio or loudhailer. Members of the Coast (2) Operation of vessels of certain Guard Auxiliary may be present to as- characteristics in this RNA will be pro- sist COTP representatives with notifi- hibited by the Captain of the Port cation of vessel operators regarding the (COTP) or designated representative in contents of this regulation. order to safeguard people and vessels (5) Any deviation from paragraph from the hazards associated with (c)(4) of this section due to extreme cir- shoaling and the Herbert C. Bonner cumstances must be authorized by the Bridge from the potential catastrophic Coast Guard District Commander, the structural damage that could occur Captain of the Port (COTP) or the from a vessel bridge strike. The COTP COTP’s designated representative. Ves- or designated representative will sels granted permission to transit the evaluate local marine environmental RNA must do so in accordance with the conditions prior to issuing restrictions directions provided by the COTP or regarding vessel navigation. Factors COTP representative to that vessel. To that will be considered include, but are request permission to transit the regu- not limited to: hydrographic survey lated navigation area, the COTP or data, vessel characteristics such as dis- COTP representative can be contacted placement, tonnage, length and draft, at Coast Guard Sector North Carolina, current weather conditions including telephone number (910) 343–3880, or on visibility, wind, sea state, and tidal VHF–FM marine band radio channel 13 currents. (165.65 MHz) or channel 16 (156.8 MHz). (3) The Coast Guard will notify the During periods of enforcement, all per- public of restrictions via Local Notice sons and vessels given permission to to Mariners, Broadcast Notice to Mari- enter or transit within the RNA must ners, electronic mail, U.S. Coast Guard comply with the instructions of the HOMEPORT Web site, Marine Safety COTP or designated representative. Information Bulletins and via other Upon being hailed by an official patrol methods described in 33 CFR 165.7. Ad- vessel by siren, radio, flashing-light, or ditionally, the Coast Guard will notify other means, the operator of a vessel recognized commissions and/or com- must proceed as directed. mittees appointed by the Dare County, (d) Enforcement. The Coast Guard North Carolina elected officials who may be assisted in the patrol and en- represent commercial and recreational forcement of the Regulated Navigation mariner interests in Oregon Inlet, Area by other Federal, State, and local North Carolina, when practicable, prior agencies. The COTP may impose addi- to imposing restrictions pursuant to tional requirements within the RNA enforcement of the RNA. Coast Guard due to unforeseen changes to shoaling personnel may be on-scene to advise of Oregon Inlet or structural integrity the public of enforcement of any re- of the Herbert C. Bonner Bridge. strictions on vessel navigation within (e) Notification. The Coast Guard will the RNA. rely on the methods described in 33

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CFR 165.7 and paragraph (c)(3) of this thence south to a point located at lati- section to notify the public of the date, tude 38°43.0′ N, longitude 75°01.4′ W; time and duration of any closure of the thence west to a point on the shoreline RNA. Violations of this RNA may be located at latitude 38°43.0′ N, longitude reported to the COTP at (910) 343–3880 75°04.5′ W; thence north following the or on VHF–FM channel 16. shoreline, to a point located at latitude 38°48.2′ N, longitude 75°05.5′ W. All co- [USCG–2014–0987, 80 FR 67641, Nov. 3, 2015] ordinate refer to Datum: NAD 1983. § 165.530 Safety Zone: Cape Fear and (b) Regulation. The general regula- Northeast Cape Fear Rivers, NC. tions governing safety zones contained (a) Location. The following area is a in § 165.23 apply. Vessels may not enter moving safety zone during the specified the safety zone without first obtaining conditions: The waters of the Cape permission from the Captain of the Fear and Northeast Cape Fear Rivers Port (COTP) Delaware Bay. for 500 yards ahead and astern, and 75 (c) Dates. This section is enforced an- yards abeam of a vessel carrying haz- nually on the second Saturday in May ardous materials when designated by and the following day. the Captain of the Port, North Caro- (d) General information. (1) Those lina. times during which hazardous condi- (b) General Information. (1) The Cap- tions exist inside the safety zone will tain of the Port and the Command be announced by Broadcast Notice to Duty Officer at Sector North Carolina Mariners. General permission to enter can be contacted at telephone number the safety zone will be broadcast dur- (877) 229–0770 or (910) 772–2200. The Coast ing non-hazardous times. Guard Patrol Commander enforcing the (2) You can gain access to the safety safety zone can be contacted on VHF- by calling Sector Field Office Atlantic FM channels 16 and 81. City command center at telephone (2) The Captain of the Port may au- number (609) 677–2222 and on VHF chan- thorize and designate any Coast Guard nel 13 or 16. commissioned, warrant, or petty offi- (3) The COTP Delaware Bay may au- cer to act on his behalf in enforcing thorize and designate any Coast Guard this safety zone. commissioned, warrant, or petty offi- (3) Sector North Carolina will notify cer to act on his behalf in enforcing the maritime community of periods this safety zone. during which this safety zone will be in [CGD05–98–043, 69 FR 28827, May 19, 2004] effect by providing advance notice of scheduled arrivals and departures of § 165.552 Security Zone; Oyster Creek loaded hazardous materials vessels via Generation Station, Forked River, a marine Broadcast Notice to Mariners. Ocean County, New Jersey. (c) Regulation. The general regula- (a) Location. The following area is a tions governing safety zones contained security zone: Starting at the south in § 165.23 apply. branch of the Forked River in the vicinity of the Oyster Creek Generation [COTP Wilmington, NC 94–004, 59 FR 42759, Aug. 19, 1994, as amended by USCG–2000–7223, Station, bounded by a line beginning at 65 FR 40059, June 29, 2000; USCG–2011–0368, 76 39°49′12.0″ N, 074°12′13.0″ W; thence to FR 26605, May 9, 2011] 39°48′39.7″ N, 074°12′0″ W; along the shoreline, thence to 39°48′40.0″ N, § 165.535 Safety Zone: Atlantic Ocean, 074°12′0.3″ W; thence to 39°49′11.8″ N, Vicinity of Cape Henlopen State 074°12′10.5″ W; thence back along the Park, Delaware. shoreline to the beginning point. All (a) Location. The following area is a coordinates reference Datum: NAD safety zone: All waters of the Atlantic 1983. Ocean within the area bounded by a (b) Regulations. (1) All persons are re- line drawn north from the tip of Cape quired to comply with the general reg- Henlopen located at latitude 38°48.2′ N, ulations governing security zones in longitude 75°05.5′ W, to a point located § 165.33 of this part. at latitude 38°49.4′ N, longitude 75°05.5′ (2) No person or vessel may enter or W; thence east to a point located at navigate within this security zone un- latitude 38°49.4′ N, longitude 75°01.4′ W; less authorized to do so by the Coast

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Guard or designated representative. in strict conformance with any direc- Any person or vessel authorized to tions given by the Coast Guard or des- 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

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zone immediately if the Coast Guard or 271–4807 or via VHF marine band radio, designated representative so orders. channel 16. (3) The Coast Guard or designated [CGD05–04–035, 70 FR 40887, July 15, 2005] representative enforcing this section can be contacted on VHF Marine Band § 165.556 Regulated Navigation Area; Radio, channels 13 and 16. The Captain Chesapeake and Delaware Canal, of the Port can be contacted at (215) Chesapeake City Anchorage Basin, MD. 271–4807. The Security Manager at Three Mile Island can be contacted at (a) Location. The following area is a (717) 948–8208 or (717) 948–8039. regulated navigation area: All waters (4) The Captain of the Port will no- of the Chesapeake and Delaware (C & tify the public of any changes in the D) Canal within the anchorage basin at status of this security zone by Marine Chesapeake City, Maryland, bounded by a line drawn across the entrance to Safety Radio Broadcast on VHF-FM the basin from position latitude marine band radio, channel 22 (157.1 39°31′39.6″ N, longitude 075°48′36.5″ W, to MHZ). position latitude 39°31′40.6″ N, longitude (c) Definitions. For the purposes of 075°48′43.3″ W. All coordinates refer to this section, Captain of the Port means NAD 1983. the Commanding Officer of the Coast (b) Definitions. For the purposes of Guard Sector Delaware Bay, Coast this section: Guard commissioned, warrant, or petty District Commander means the Com- officer who has been authorized by the mander, Fifth Coast Guard District or Captain of the Port to act as a des- any Coast Guard commissioned, war- ignated representative on his behalf. rant, or petty officer who has been authorized by the Commander, Fifth [CGD05–03–116, 69 FR 46103, Aug. 2, 2004] Coast Guard District, to act on his or § 165.555 Safety Zone; Delaware River. her behalf, or his or her designated representative. (a) Definition. As used in this section, (c) Regulations. The general regula- Captain of the Port means the Com- tions governing regulated navigation mander of Sector Delaware Bay or any areas, found in 33 CFR 165.13, apply to Coast Guard commissioned, warrant or the regulated navigation area de- petty officer who has been authorized scribed in paragraph (a) of this section. by the Captain of the Port to act on his (1) All vessels and persons are prohib- behalf. The Captain of the Port may be ited from entering and accessing this contacted by telephone at (215) 271–4807 regulated navigation area, except as or via VHF marine band radio, channel authorized by the District Commander 16. or his or her designated representative. (b) Location. The following area is a (2) Persons or vessels requiring entry safety zone: All waters located within a into or passage within the regulated 150-yard radius around the dredging op- navigation area must request author- eration and barge, conducting dredging ization from the District Commander operations in or near the Marcus Hook or his or her designated representative, Range in the vicinity of Anchorage 7. by telephone at (410) 576–2693 or by marine 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: aboard the Dredge and Barge can be (i) Travel at no-wake speed, contacted on VHF marine band radio, (ii) Stop the vessel immediately upon channel 16. The Captain of the Port being directed to do so by any commis- may be contacted by telephone at (215) sioned, warrant or petty officer on

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board a vessel displaying a Coast Guard (2) Persons and vessels desiring to Ensign, and enter, transit through, or remain with- (iii) Proceed as directed by any com- in the regulated area may contact the missioned, warrant or petty officer on Captain of the Port Charleston by tele- board a vessel displaying a Coast Guard phone at 843–740–7050, or a designated Ensign. representative via VHF radio on chan- (4) All vessels and persons within this nel 16, to request authorization. If au- regulated navigation area must comply thorization to enter, transit through, with any additional instructions of the or remain within the regulated area is District Commander or the designated granted by the Captain of the Port representative. Charleston or a designated representa- (d) Enforcement. The U.S. Coast tive, all persons and vessels receiving Guard may be assisted in the patrol such authorization must comply with and enforcement of the regulated navi- the instructions of the Captain of the gation area by any Federal, State, and Port Charleston or a designated rep- local agencies. resentative. (3) The Coast Guard will provide no- (e) Enforcement period. This section tice of the regulated area by Local No- will be enforced from 12:01 a.m. until tice to Mariners, Broadcast Notice to 11:59 p.m. on the last Saturday in June, Mariners, and on-scene designated rep- annually. resentatives. [USCG–2008–1119, 74 FR 28611, June 17, 2009] (d) Enforcement date. This rule will be enforced from 7:30 a.m. until 10:30 a.m. SEVENTH COAST GUARD DISTRICT on March 28, 2015.

§ 165.T07–0040 Safety Zone; Cooper [USCG–2015–0040, 80 FR 11127, Mar. 2, 2015] River Bridge Run, Charleston, SC. § 165.T07–0161 Safety Zone; Xterra (a) Regulated area. The rule estab- Swim, Myrtle Beach, SC. lishes a safety zone on certain waters (a) Regulated area. The following reg- of the Cooper River, and Town Creek ulated area is a safety zone: All waters Reaches, South Carolina. The safety within the following two points of posi- zone will consist of a regulated area tion and the North shore: 33°45′02″ N, which will be enforced from 7:30 a.m. 78°50′53″ W to 33°45′11″ N, 78°50′32″ W. until 10:30 a.m. on March 28, 2015. The The Xterra Swim race consists of an safety zone would create a regulated 800 yard swim loop with approximately area that will encompass a portion of 150 swimmers. All coordinates are the waterway. All waters of the Cooper North American Datum 1983. River, and Town Creek Reaches encom- (b) Definition. The term ‘‘designated passed within the following points: representative’’ means Coast Guard Pa- 32°48′32″ N./079°56′08″ W., 32°48′20″ N./ trol Commanders, including Coast 079°54′20″ W., 32°47′20″ N./079°54′29″ W., Guard coxswains, petty officers, and 32°47′20″ N./079°55′28″ W. All coordinates other officers operating Coast Guard are North American Datum 1983. vessels, and Federal, state, and local (b) Definition. The term ‘‘designated officers designated by or assisting the representative’’ means Coast Guard Pa- Captain of the Port Charleston in the trol Commanders, including Coast enforcement of the regulated area. Guard coxswains, petty officers, and (c) Regulations. (1) All persons and other officers operating Coast Guard vessels are prohibited from entering, vessels, and Federal, state, and local transiting through, anchoring in, or re- officers designated by or assisting the maining within the regulated area un- Captain of the Port Charleston in the less authorized by the Captain of the enforcement of the regulated area. Port Charleston or a designated rep- (c) Regulations. (1) All persons and resentative. vessels are prohibited from entering, (2) Persons and vessels desiring to transiting through, anchoring in, or re- enter, transit through, anchor in, or remaining within the regulated area un- main within the regulated area may less authorized by the Captain of the contact the Captain of the Port Port Charleston or a designated rep- Charleston by telephone at 843–740–7050, resentative. or a designated representative via VHF

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radio on channel 16, to request author- Port Charleston or a designated rep- ization. If authorization to enter, tran- resentative. sit through, anchor in, or remain with- (3) The Coast Guard will provide no- in the regulated area is granted by the tice of the regulated area by Local No- Captain of the Port Charleston or a tice to Mariners, Broadcast Notice to designated representative, all persons Mariners, and on-scene designated rep- and vessels receiving such authoriza- resentatives. tion must comply with the instructions (d) Enforcement period. This rule will of the Captain of the Port Charleston be enforced on July 4, 2016 from 9:15 or a designated representative. (3) The Coast Guard will provide no- p.m. until 10 p.m. tice of the regulated area by Local No- [USCG–2016–0320, 81 FR 42254, June 29, 2016] tice to Mariners, Broadcast Notice to Mariners, and on-scene designated rep- § 165.T07–0347 Safety Zone; Fourth of resentatives. July Fireworks Murrells Inlet, SC. (d) Effective date. This rule is effec- (a) This rule establishes a safety zone tive on May 4, 2014. This rule will be on all Atlantic Ocean waters within a enforced from 7:30 a.m. until 8:15 a.m. 500 yard radius of Veterans Pier, from on Sunday, May 4, 2014. which fireworks will be launched. [USCG–2014–0161, 79 FR 22414, Apr. 22, 2014] (b) Definition. As used in this section, ‘‘designated representative’’ means § 165.T07–0320 Safety Zone; Fourth of July Fireworks North Myrtle Beach, Coast Guard Patrol Commanders, in- SC. cluding Coast Guard coxswains, petty (a) This rule establishes a safety zone officers, and other officers operating on all Atlantic Ocean waters within a Coast Guard vessels, and Federal, 500 yard radius of Cherry Grove Pier, state, and local officers designated by from which fireworks will be launched. or assisting the Captain of the Port (b) Definition. As used in this section, Charleston in the enforcement of the ‘‘designated representative’’ means regulated areas. Coast Guard Patrol Commanders, in- (c) Regulations. (1) All persons and cluding Coast Guard coxswains, petty vessels are prohibited from entering, officers, and other officers operating transiting through, anchoring in, or re- Coast Guard vessels, and Federal, maining within the regulated area un- state, and local officers designated by less authorized by the Captain of the or assisting the Captain of the Port Port Charleston or a designated rep- Charleston in the enforcement of the resentative. regulated areas. (2) Persons and vessels desiring to (c) Regulations. (1) All persons and enter, transit through, or remain with- vessels are prohibited from entering, in the regulated area may contact the transiting through, anchoring in, or re- Captain of the Port Charleston by tele- maining within the regulated area un- phone at 843–740–7050, or a designated less authorized by the Captain of the representative via VHF radio on chan- Port Charleston or a designated rep- nel 16, to request authorization. If au- resentative. thorization to enter, transit through, (2) Persons and vessels desiring to or remain within the regulated area is enter, transit through, or remain within the regulated area may contact the granted by the Captain of the Port Captain of the Port Charleston by tele- Charleston or a designated representa- phone at 843–740–7050, or a designated tive, all persons and vessels receiving representative via VHF radio on chan- such authorization must comply with nel 16, to request authorization. If au- the instructions of the Captain of the thorization to enter, transit through, Port Charleston or a designated rep- or remain within the regulated area is resentative. granted by the Captain of the Port (3) The Coast Guard will provide no- Charleston or a designated representa- tice of the regulated area by Local No- tive, all persons and vessels receiving tice to Mariners, Broadcast Notice to such authorization must comply with Mariners, and on-scene designated rep- the instructions of the Captain of the resentatives.

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(d) Enforcement period. This rule will ‘35’ thence North Westerly one quarter be enforced on July 4, 2016 from 9:15 of a mile south of NASA Causeway p.m. until 10 p.m. East (Orsino Causeway) to the shoreline on Merritt Island at position [USCG–2016–0347, 81 FR 42254, Julne 29, 2016] 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 § 165.703 Security Zones; Tampa Bay: and east on the northern shoreline of Big Bend, Boca Grande, Crystal the causeway back to the shoreline on River, East Bay, Hillsborough Bay, Merritt Island at position 28°31′36″ N., MacDill Air Force Base, Manbirtee 80°43′42″ W., then northwest along the Key, Old Port Tampa, Port Manatee, shoreline to 28°41′01.2″ N., 80°47′10.2″ W. Port Tampa, Port St. Petersburg, (Blackpoint); then due north to chan- Port Sutton, Rattlesnake, and nel marker #6 on the Intracoastal Wa- Weedon Island, FL. terway (ICW), then northeast along the (a) Regulated areas. The following southern edge of the ICW to the west- areas, denoted by coordinates fixed ern entrance to the Haulover Canal. using the North American Datum of From this point, the line continues 1983 (World Geodetic System 1984) are northeast along the southern edge of security zones: the Haulover Canal to the eastern en- (1) Security zones for facilities and trance to the canal; then due east to a structures—(i) Rattlesnake, Tampa, FL. point in the Atlantic Ocean 3 miles off- All water, from surface to bottom, in shore at 28°44′42″ N., 80°37′51″ W.; then Old Tampa Bay east and south of the south along a line 3 miles from the waters encompassed within position coast to Wreck Buoy ‘‘WR6’’, then to 27°53.32′ N, 082°32.05′ W; thence to Port Canaveral Channel Lighted Buoy 27°53.38′ N, 082°32.05′ W, including on 10, then west along the northern edge land portions of Chemical Formulators of the Port Canaveral Channel to the Chlorine Facility, where the fenced northeast corner of the intersection of area is bounded by a line connecting the Cape Canaveral Barge Canal and the following points: 27°53.21′ N, the ICW in the Banana River at 082°32.11′ W; thence to 27°53.22′ N, 28°24′36″ N., 80°38′42″ W. The line con- 082°32.23′ W; thence to 27°53.25′ N, tinues north along the east side of the 082°32.23′ W; thence to 27°53.25′ N, Intracoastal Waterway to daymarker 082°32.27′ W; thence to 27°53.29′ N,

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82°32.25′ W; thence to 27°53.30′ N, 082°33.04′ W; thence to 27°49.95′ N, 082°32.16′ W; thence to 27°53.21′ N, 082°32.75′ W; thence to 27°50.09′ N, 082°32.11′ W. 082°32.81′ W; thence to 27°50.56′ N, (ii) Old Port Tampa, Tampa, FL. All 082°32.75′ W; thence to 27°50.71′ N, waters, from surface to bottom, in Old 082°32.18′ W. Tampa Bay encompassed within the (vi) Piers, seawalls, and facilities, Port following points: 27°51.62′ N, 082°33.14′ of Tampa and Port Sutton, Tampa, FL. W; thence to 27°51.71′ N, 082°32.5′ W; All waters, from surface to bottom, ex- thence to 27°51.76′ N, 082°32.5′ W; thence tending 50 yards from the shore, sea- to 27°51.73′ N, 082°33.16′ W; thence to wall, and piers around facilities in Port 27°51.62′ N, 082°33.14′ W, closing off the Sutton within the Port of Tampa en- Old Port Tampa Channel. compassed by a line connecting the fol- (iii) Sunshine Skyway Bridge, FL. All lowing points: 27°54.15′ N, 082°26.06′ W; waters in Tampa Bay, from surface to thence to; 27°54.46′ N, 082°25.71′ W; clos- bottom, in Cut ‘‘A’’ channel beneath ing off all Port Sutton Channel. the bridge’s main span encompassed (vii) Piers, seawalls, and facilities, Port within the following points: 27°37.30′ N, of Tampa, on the western side of Hooker’s 082°39.38′ W; 27°37.13′ N, 082°39.26′ W; and Point, Tampa, FL. All waters, from sur- the bridge structure columns, base and face to bottom, extending 50 yards dolphins. This zone is specific to the from the shore, seawall, and piers bridge structure and dolphins and does around facilities on Hillsborough Bay not include waters adjacent to the northern portion of Cut ‘‘D’’ Channel, bridge columns or dolphins outside of Sparkman Channel, Ybor Turning the bridge’s main span. Any vessel may Basin, and Ybor Channel within the transit through this zone but, may not Port of Tampa encompassed by a line loiter, anchor, or conduct operations, connecting the following points: including dredging, dive operation, sur- 27°54.74′ N, 082°26.47′ W; thence to veying, or maintenance, unless other- 27°55.25′ N, 082°26.73′ W; thence to wise directed by the Captain of the 27°55.60′ N, 082°26.80′ W; thence to Port. Anyone wanting to conduct these 27°56.00′ N, 082°26.75′ W; thence to operations must submit a request via 27°56.58′ N, 082°26.53′ W; thence to email to [email protected] or con- 27°57.29′ N, 082°26.51′ W; thence to tact the Sector Command Center after 27°57.29′ N, 082°26.61′ W; thence to hours at 727.824.7506. 27°56.65′ N, 082°26.63′ W; thence to (iv) Manbirtee Key, Port of Manatee, 27°56.58′ N, 082°26.69′ W; thence to FL. All waters, from surface to bottom, 27°56.53′ N, 082°26.90′ W. surrounding, surrounding Manbirtee (viii) St. Petersburg Harbor, FL. All Key, Tampa Bay, FL extending 500 waters, from surface to bottom, ex- yards from the island’s shoreline, in all tending 50 yards from the seawall and directions, not to include the Port around all moorings and vessels in St. Manatee Channel. Petersburg Harbor (Bayboro Harbor), (v) MacDill Air Force Base, Tampa commencing on the north side of the Bay, FL. All waters encompassed with- channel at day beacon ‘‘10’’ (LLNR in the following coordinates: 27°51.88′ N, 24995) in approximate position 27°45.56′ 082°29.31′ W; thence to 27°52.01′ N, N, 082°37.55′ W, and westward along the 082°28.85′ W; thence to 27°51.48′ N, seawall to the end of the cruise ter- 082°28.17′ W; thence to 27°51.02′ N, minal in approximate position 27°45.72′ 082°27.76′ W; thence to 27°50.72′ N, N, 082°37.97′ W. The zone will also in- 082°27.61′ W; thence to 27°50.33′ N, clude the Coast Guard south moorings 082°27.59′ W; thence to 27°49.65′ N, in St. Petersburg Harbor. The zone will 082°27.73′ W; thence to 27°49.34′ N, extend 50 yards around the piers com- 082°27.79′ W; thence to 27°49.10′ N, mencing from approximate position 082°27.88′ W; thence to 27°48.88′ N, 27°45.51′ N, 082°37.99′ W; to 27°45.52′ N, 082°28.10′ W; thence to 27°48.76′ N, 082°37.57′ W. The southern boundary of 082°28.54′ W; thence to 27°48.87′ N, the zone is shoreward of a line between 082°29.44′ W; thence to 27°49.06′ N, the entrance to Salt Creek easterly to- 082°30.39′ W; thence to 27°48.75′ N, wards day beacon ‘‘11’’ (LLNR 24990). 082°31.17′ W; thence to 27°49.16′ N, (ix) Crystal River Nuclear Power Plant. 082°32.41′ W; thence to 27°49.64′ N, All waters, from surface to bottom,

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around the FL, Power Crystal River (C) For outbound vessels commencing Nuclear Power Plant located at the end at berth through to Egmont Channel of the Florida Power Corporation Lighted Buoys ‘‘9’’ (LLNR 22270) and Channel, Crystal River, Florida, en- ‘‘10’’ (LLNR 22275). compassed by a line connecting the fol- (D) All subject vessels operating in lowing points: 28°56.87′ N, 082°45.17′ W; the Captain of the Port St. Petersburg thence to 28°57.37′ N, 082°41.92′ W; Zone shall follow the reporting require- thence to 28°56.79′ N, 082°45.13′ W; ments in 33 CFR part 160, subpart C. thence to 28°57.32′ N, 082°41.92′ W. (E) Any vessel desiring to enter or (x) Crystal River Demory Gap Channel. transit the security zone shall obtain All waters, from surface to bottom, in permission from the Captain of the the Demory Gap Channel in Crystal Port St. Petersburg or a designated River, Florida, encompassed by the fol- representative. If permission is grant- lowing points: 28°57.61′ N, 082°43.42′ W ed, all persons and vessels must comply thence to; 28°57.55′ N, 082°41.88′ W with any given instructions. thence to; 28°57.58′ N, 082°43.42′ W (ii) Fixed security zones for moored thence to; 28°57.51′ N, 082°41.88′ W. cruise ships and moored vessels carrying (xi) Big Bend Power Plant, FL. All especially hazardous cargos. A security waters of Tampa Bay, from surface to zone is established for all waters, from bottom, adjacent to the Big Bend surface to bottom, within a 200-yard ra- Power Facility, and within an area dius around moored cruise ships and bounded by the following points: moored vessels carrying especially haz- 27°48.08′ N, 082°24.88′ W; thence to ardous cargos, as outlined below: 27°48.15′ N, 082°24.96′ W; thence to; (A) All subject vessels operating in 27°48.10′ N, 082°25.00′ W; thence to the Captain of the Port St. Petersburg 27°47.85′ N, 082°25.03′ W; thence to Zone shall follow reporting requirements in 33 CFR part 160, subpart C. 27°47.58′ N, 082°24.89′ W; thence to (B) Any vessel desiring to enter or 27°47.58′ N, 082°24.06′ W; thence to; transit the security zone shall obtain 27°47.62′ N, 082°24.04′ W; thence to permission from the Captain of the 27°47.63′ N, 082°24.71′ W; thence to Port St. Petersburg or a designated 27°48.03′ N, 082°24.70′ W; thence to representative. If permission is grant- 27°48.08′ N, 082°24.88′ W, closing off ened, all persons and vessels must comply trance to Big Bend Power Facility and with any given instructions. the attached cooling canal. (C) No vessel may loiter, anchor, or (xii) Weedon Island Power Plant, FL. conduct maintenance operations with- All waters of Tampa Bay, from surface in the security zone, unless otherwise to bottom, extending 50 yards from the directed by the Captain of the Port St. shore, seawall and piers around the Petersburg or a designated representa- Power Facility at Weedon Island en- tive. This includes, but is not limited compassed by the following points: to dredging operations, dive oper- ° ′ ° ′ 27 51.52 N, 082 35.82 W; thence along ations, and surveying. Anyone wanting ° ′ ° ′ the shore to; 27 51.54 N, 082 35.78 W; to conduct these operations must sub- thence to 27°51.89′ N, 082°35.82′ W; mit a request via email to thence to 27°51.89′ N, 082°36.14′ W, clos- [email protected] or contact the ing off the entrance to both canals. Sector Command Center after hours at (2) Vessel specific security zones—(i) 727.824.7506. Moving security zones for Cruise Ships (b) Definitions. As used in this sec- and vessels carrying Especially Hazardous tion: Cargos. The following security zones Ammonium nitrate means ammonium and procedures are established for all nitrate and ammonium nitrate based waters, from surface to bottom, within fertilizers listed as Division 5.1 (oxi- a 500-yard radius, as outlined below: dizing) materials as defined in 33 CFR (A) For inbound vessels commencing 172.101 except when carried as CDC res- at Egmont Channel Lighted Buoys ‘‘9’’ idue. (LLNR 22270) and ‘‘10’’ (LLNR 22275) Captain of the Port (COTP) for the through to berth. purpose of this section means the Com- (B) For shifting vessels from their de- manding Officer of Coast Guard Sector parture berth to destination berth. St. Petersburg.

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Captain of the Port St. Petersburg Zone (4) Enforcement. Under 33 CFR 165.33, as defined in 33 CFR 3.35–35. no person may authorize the operation Certain dangerous cargo includes Divi- of a vessel in the security zones con- sion 1.5D blasting agents for which a trary to the provisions of this section. permit is required under 49 CFR 176.415 (d) The Captain of the Port St. Pe- or, for which a permit is required as a tersburg may waive any of the require- condition of Research and Special Pro- ments of this subpart for any vessel, fa- grams Administration exemption. This cility, or structure upon finding that includes ammonium nitrate fuel oil the vessel or class of vessel, oper- mixture. ational conditions, or other cir- Commercial vessels means any tank, cumstances are such that application bulk, container, cargo, cruise ships, of this subpart is unnecessary or im- pilot vessels, or tugs. This definition practical for purposes of port safety excludes fishing vessels, salvage ves- and security or environmental safety. sels, dead ship tow operations. [USCG–2013–0040, 79 FR 75056, Dec. 17, 2014] Cruise Ship means the same as defined 33 CFR 101.105. § 165.704 [Reserved] Designated representative means Coast § 165.T0704 Safety Zone: Savannah Guard Patrol Commanders including River, Savannah, Georgia. Coast Guard coxswains, petty officers and other officers operating Coast (a) Location. The following area is a Guard vessels, and federal, state, and safety zone: Two hundred foot radius local officers designated by or assisting around Garden City Terminal, approxi- the COTP, in the enforcement of regu- mate position 32 degrees 8 minutes, N, lated navigation areas, safety zones, 81 degrees 9.5 minutes W, and around and security zones. all cargo ships loaded with military Especially hazardous cargo means an- equipment and transiting the Savan- hydrous ammonia, ammonium nitrate, nah River. (b) This regulation be- chlorine, liquefied natural gas, lique- Effective dates. comes effective at 12 p.m. 14 December fied petroleum gas, and any other sub- 1990 until terminated by the Captain of stance, material, or group or class in a the Port, Savannah, GA. particular amount and form that the (c) Regulation. In accordance with the Secretary determines by regulation general regulations in § 165.23 of this poses a significant risk of creating a part, entry into the zone is subject to transportation security incident while the following requirements. being transported in maritime com- (1) All persons and vessels in the vi- merce. cinity of the safety zone shall imme- (c) Regulations. (1) Entry into or re- diately obey any direction or order of maining on or within the zones de- the Captain of the Port or a represent- scribed in paragraph (a) of this section ative of the Captain of the Port. is prohibited unless authorized by the (2) The ‘‘representative of the Cap- Captain of the Port St. Petersburg or a tain of the Port’’ is any Coast Guard designated representative. commissioned, warrant or petty officer (2) Any changes to the requirements who has been designated by the Cap- for these regulated areas will be given tain of the Port, Savannah, GA to act by Broadcast Notice to Mariners on on his behalf. A representative of the VHF–FM Channel 22A. Captain of the Port may be contacted NOTE TO § 165.703(C)(2): A graphical rep- on board any Coast Guard vessel as- resentation of all fixed security zones will be signed to enforce the safety zone. made available through nautical charts via (3) Before entering the safety zone, a the Coast Pilot. vessel operator shall contact the Cap- (3) The Captain of Port St. Peters- tain of the Port or a representative of burg has provisions for escorting espe- the Captain of the Port to determine cially hazardous cargos as described in what restrictions, if any, have been im- the above sections of this subchapter, posed on vessels in the safety zone. The but reserves the right to establish addi- Captain of the Port may be contacted tional provisions for any potentially by telephone via the Command Duty hazardous cargos. Officer at (912) 944–4371. Coast Guard

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vessels assisting in the enforcement of (1) All waters 200 yards ahead and the safety zone may be contacted on astern and 100 yards to each side of a VHF-FM channels 13 or 16, or vessel op- vessel transporting nuclear materials erators may determine restrictions in while the vessel transits from Charles- effect for the safety zone by coming ton Harbor Entrance approximate posi- alongside a Coast Guard vessel patrol- tion (32°37.1′ N., 079°35.5′ W.) to the ling the perimeter of the safety zone. Charleston Naval Weapons Station (po- (4) The Captain of the Port will issue sition 32–55.4N, 079–56.0W) on the Coo- a Marine Safety Information Broadcast per River. All coordinates referenced Notice to Mariners to Notify the mari- use datum: NAD 1983. time community of the safety zone and (2) All waters within 100 yards of the restrictions imposed. vessel described in paragraph (a)(1) of [Reg. 90–129, 55 FR 52272, Dec. 21, 1990] this section while the vessel is conducting cargo operations at the EFFECTIVE DATE NOTE: At 55 FR 52272, Dec. 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 § 165.705 Port Canaveral Harbor, Cape Canaveral, Florida. Notice to Mariners. The general regulations governing safety and security (a) Security Zone A—East (Trident) zones contained in §§ 165.23 and 165.33 Basin, Port Canaveral Harbor, at Cape apply. Canaveral Air Force Station, Brevard County, Florida. All waters of the East [COTP Charleston 96–034, 61 FR 68156, Dec. 27, Basin north of latitude 28°24′36″ N. 1996, as amended by USCG–2015–0433, 80 FR (b) Security Zone B—Middle Basin, 44286, July 27, 2015] Port Canaveral Harbor, adjacent to the Navy wharf at Cape Canaveral Air § 165.709 Security Zone; Charleston Harbor, Cooper River, South Caro- Force Station, Brevard County, Flor- lina. ida. The waters of Port Canaveral Har- bor within a line circumscribing the (a) Regulated area. The Coast Guard is water approaches to the Navy wharf establishing a fixed security zone on all along the northeasterly edge of the waters of the Cooper River, bank-to- Port Canaveral Harbor turning basin at bank and surface to bottom, from the a distance of 200 feet from all portions Don Holt I–526 Bridge to the intersec- of the wharf including the dolphins lo- tion of Foster Creek at a line on 32 de- cated 200 feet off the northwest end and grees 58 minutes North Latitude. 75 feet off the southeast end of the (b) Enforcement period. This section wharf. will be enforced when security assets (c) Entrance into these zones by ves- are on scene and Sector Charleston has sels other than vessels owned or leased notified the maritime community that by the United States is prohibited an Enforcement Period is in effect. without permission of the Captain of Sector Charleston will notify the mari- the Port, Jacksonville, Florida. time community by broadcast notice (d) The general regulations governing to mariners on VHF Marine Band security zones contained in 33 CFR Radio, Channel 16 (156.8 MHz), or Ma- 165.33 apply. rine Safety Information Bulletins, or actual notice from on scene security [CGD7 87–38, 53 FR 38718, Oct. 3, 1988; CGD7 87–38, 54 FR 611, Jan. 9, 1989; CGD7 89–21, 54 assets enforcing the security zone. FR 26198, June 22, 1989] (c) Regulations. During enforcement of the security zone described in para- § 165.708 Safety/Security Zone; graph (a) of this section, vessels or per- Charleston Harbor and Cooper sons are prohibited from entering, River, Charleston, SC. transiting, mooring, anchoring, or loi- (a) Regulated area. The following tering within the security zone unless boundaries are established as a safety authorized by the Captain of the Port and security zone during specified con- Charleston, South Carolina or his or ditions: her designated representative.

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(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. area 700 yards forward, 500 yards astern Southern 32°42′32″ N 79°46′42″ W and 350 yards on either side of each ves- boundary. Eastern 32°43′26″ N 79°45′27″ W sel, beginning at the Port Everglades boundary. Sea Buoy in approximate position Northern 32°43′56″ N 79°46′08″ W 26°05.5′ N, 80°04.8′ W and continuing boundary. until the vessel is safely moored in approximate position 26°04.9′ N, 80°06.9′ W. (NAD 83) All coordinates referenced use datum: (b) Regulations. In accordance with NAD 83. the general regulations in § 165.23 of (2) The waters around naval aircraft this part, all vessels and persons are carriers departing Port Everglades in prohibited from anchoring, diving, lay- an area 700 yards forward, 500 yards ing cable or conducting salvage oper- astern and 350 yards on either side of ations in this zone except as authorized each vessel beginning at the Pier in ap- by the Captain of the Port. proximate position 26°04.9′ N, 80°06.9′W, [CGD 07–95–054, 60 FR 45047, Aug. 30, 1995] and continuing until the stern passes the Port Everglades Sea Buoy, in ap- § 165.720 Safety Zone; natural and proximate position 26°05.5′ N, 80°04.8′ W. other disasters in Ports of Jackson- All coordinates referenced use datum: ville, Fernandina, and Canaveral, NAD 83. Florida. (b) Regulations. (1) No person or ves- (a) Regulated areas. The following sel may enter, transit, or remain in the areas are established as safety zones safety zone unless authorized by the during the specified conditions: Captain of the Port, Miami, Florida, or (1) Fernandina, FL. All waters within a Coast Guard commissioned, warrant, the Cumberland Sound and Amelia or petty officer designated by him. River encompassed within the fol- (2) Vessels encountering emergencies lowing locations: starting at the de- which require transit through the mov- marcation line drawn across the sea- ing safety zone should contact the ward extremity of the St. Marys River Coast Guard patrol craft on VHF Chan- Entrance Jetties; thence following the nel 16. In the event of an emergency, shoreline north to Stafford Island; the Coast Guard patrol craft may au- thence north to Point 1 in position thorize a vessel to transit through the 30°50’00″ N., 81°29′10″ W.; thence west to safety zone with a Coast Guard des- Point 2 in position 30°50′00″ N., 81°30′47″ ignated escort. W.; thence southwest to Kings Bay in (3) All persons and vessels shall com- position 30°48′42″ N., 81°31′27″ W.; thence ply with the instructions of on-scene south following the shoreline south to patrol personnel. On-scene patrol per- point 3 in position 30°40′30″ N., 81°28′38″

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W.; thence southwest to R ‘‘18’’ at 14302 (GT ITC) are prohibited from en- Point 4 30°39′57″ N., 81°29′04″ W.; thence tering in any of the regulated areas southeast to Point 5 30°39′48″ N., designated as being in Port Condition 81°28′57″ W.; thence following the shore- YANKEE within the COTP Zone Jack- line northeast back to origin. sonville. Oceangoing commercial vessel (2) Jacksonville, FL. All waters within traffic outbound will be authorized to the Port of Jacksonville, FL encom- transit through the regulated areas passed within the following locations: until Port Condition ZULU. Addition- starting at the demarcation line drawn ally, in the Port of Canaveral, no ves- across the seaward extremity of the St. sel, regardless of size or service, will be Johns River Entrance Jetties, thence allowed to transit through the Port Ca- following the northern riverbank west naveral Barge Canal upon the setting to the Sister’s Creek Bridge, thence of Port Condition YANKEE. following the riverbank west to the (2) Hurricane Port Condition ZULU. Interstate 95 Trout River Bridge, All commercial, oceangoing vessels and thence following the riverbank south barges over 500 GRT as measured under to the Henry H. Buckman Bridge, Title 46 United States Code Section thence following the eastern riverbank 14502 or an alternate tonnage estab- back to origin. lished as 6,000 gross tonnage as meas- (3) Canaveral, FL. All waters within ured under 46 U.S.C. 14302 (GT ITC) are the Canaveral Barge Canal in Port Ca- prohibited from transiting or remain- naveral, FL encompassed within the ing in any of the regulated areas des- following locations: starting at the de- ignated as being in Port Condition marcation line drawn across the sea- ZULU within COTP Zone Jacksonville. ward extremity of the Port Canaveral All ship-to-shore cargo operations Entrance Channel Jetties, thence fol- must cease 6 hours prior to setting lowing the northern shoreline west to Port Condition Zulu. the SR401 Bridge, thence following the (3) Emergency regulation for other dis- southern shoreline back to origin. asters. Any natural or other disasters (4) All coordinates are North Amer- that are to affect the Jacksonville ican Datum 1983. COTP Zone will result in the prohibi- (b) Definition. (1) The term ‘‘des- tion of commercial vessel traffic over ignated representative’’ means Coast 500 GRT as measured under Title 46 Guard Patrol Commanders, including United States Code Section 14502 or an Coast Guard coxswains, petty officers, alternate tonnage established as 6,000 and other officers operating Coast gross tonnage as measured under 46 Guard vessels, and Federal, state, and U.S.C. 14302 (GT ITC) transiting or re- local officers designated by or assisting maining in any of the regulated areas the Captain of the Port Jacksonville in predicted to be effected as designated the enforcement of the regulated area. by the COTP Jacksonville. (2) Hurricane Port Condition YANKEE. (4) Persons and vessels desiring to Set when weather advisories indicate enter, transit through, anchor in, or re- that sustained Gale Force winds from a main in the regulated area may con- tropical or hurricane force storm are tact the Captain of the Port Jackson- predicted to make landfall at the port ville via telephone at (904) 564–7513, or a within 24 hours. designated representative via VHF (3) Hurricane Port Condition ZULU. radio on channel 16, to request author- Set when weather advisories indicate ization. If authorization to enter, tran- that sustained Gale Force winds from a sit through, anchor in, or remain in the Tropical or hurricane force storm are regulated area is granted by the Cap- predicted to make landfall at the port tain of the Port Jacksonville or a des- within 12 hours. ignated representative, all persons and (c) Regulations. (1) Hurricane Port Con- vessels receiving such authorization dition YANKEE. All commercial, ocean- must comply with the instructions of going vessels and barges over 500 GRT the Captain of the Port Jacksonville or as measured under Title 46 United a designated representative. States Code Section 14502 or an alter- (5) Coast Guard Sector Jacksonville nate tonnage established as 6,000 gross will attempt to notify the maritime tonnage as measured under 46 U.S.C. community of periods during which

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these safety zones will be in effect via end of the property line of Naval Air Broadcast Notice to Mariners or by on- Station Jacksonville just north of the scene designated representatives. Buckman Bridge at position 30°11′42.30″ N, 81°41′23.66″ W; thence northeasterly [USCG–2014–0152, 80 FR 11129, Mar. 2, 2015] along the mean high water shoreline of § 165.721 Safety Zone: St. Johns River, the St. Johns River and Mulberry Cove Jacksonville, FL. to the point of beginning. Datum: NAD 83 (a) Location. The following area is es- (b) In accordance with the general tablished as a safety zone during the regulations in § 165.33 of this part, no specified conditions: The waters within person or vessel may enter or remain a 500 yard radius of the fireworks barge in the zone without the permission of or barges during the storage, prepara- the Captain of the Port Jacksonville, tion, and launching of fireworks in the Florida. All other portions of § 165.33 St. Johns River between the Hart and remain applicable. Acosta Bridges. (c) This regulation does not apply to (b) Effective dates. This section be- Coast Guard vessels and authorized law comes effective upon activation by the enforcement vessels operating within Captain of the Port by the broad- the Security Zone. casting of a local Notice to Mariners on appropriate VHF-FM radio frequencies. [COTP Jacksonville Reg. 93–115, 60 FR 65571, It terminates at the conclusion of the Dec. 20, 1995] fireworks display unless terminated § 165.723 Safety Zone; Firework Dis- earlier by the Captain of the Port. plays in Captain of the Port Zone (c) Regulations. (1) In accordance with Jacksonville, Florida. the general regulations in 165.23 of this (a) Regulated area. The following area part, anchoring, mooring or transiting is established as a safety zone during in this zone is prohibited unless au- the specified conditions: All waters thorized by the Captain of the Port or within the Jacksonville COTP Zone District Commander. within a 500 yard radius of a firework (2) This regulation does not apply to barge or barges during the storage, authorized law enforcement agencies preparation, and launching of fire- operating within the Safety Zone. works. [COTP Jacksonville Reg. 94–027, 59 FR 55584, (1) The Coast Guard realizes that Nov. 8, 1994] some large scale events, such as those with many participants or spectators, § 165.722 Security Zone: St. Johns or those that could severely restrict River, Jacksonville, Florida. navigation or pose a significant hazard, (a) Location. The water located with- may still require separate special local in the following area is established as a regulations or safety zones that ad- security zone: beginning at the shore- dress the specific peculiarities of the line of the St. Johns River at the event. In those situations, the Coast northernmost property line of Naval Guard will create special local regula- Air Station Jacksonville next to tions or safety zones specifically for Timuquana Country Club, at 30°14′39.5″ the event, and those regulations will N, 81°40′45″ W; thence northeasterly to supersede the regulations in this rule. 30°14′42″ N, 81°40′42″ W; thence south re- (2) All coordinates are North Amer- maining 400 feet from the shoreline at ican Datum 1983. mean high water; thence past Piney (b) Definition. The term ‘‘designated Point and Black Point to the northern representative’’ means Coast Guard Pa- edge of Mulberry Cover Manatee ref- trol Commanders, including Coast uge, 400 feet from Naval Air Station Guard coxswains, petty officers, and Jacksonville boat ramp, at 30°13′00″ N, other officers operating Coast Guard 81°40′23.5″ W; thence southwesterly in a vessels, and Federal, state, and local straight line to position 30°12′14″ N, officers designated by or assisting the 81°40′42″ W; thence southerly, remain- Captain of the Port Jacksonville in the ing 400′ seaward of the mean high water enforcement of the regulated area. shoreline to 30°11′40″ N, 81°41′15.5″ W; (c) Regulations. (1) All persons and thence northwest to the point at the vessels are prohibited from entering,

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transiting through, anchoring in, or re- accordance with applicable municipal maining within the regulated area un- laws and regulations. less authorized by the Coast Guard (2) At no time shall any vessels be Captain of the Port Jacksonville or a rafted more than two abreast. designated representative. (3) Neither single nor rafted vessels (2) Persons and vessels desiring to shall extend greater than 54 feet into enter, transit through, anchor in, or re- the main river (measured from the main in the regulated area may con- dock) without permission of the Cap- tact the Captain of the Port Jackson- tain of the Port. ville via telephone at (904) 564–7513, or a (4) A minimum channel width of 65 designated representative via VHF feet shall be maintained at all times on radio on channel 16, to request author- the Miami River from the Brickell Av- ization. If authorization to enter, tran- enue Bridge west to the Tamiami sit through, anchor in, or remain in the Canal. A minimum channel width of 45 regulated area is granted by the Cap- feet shall be maintained at all times on tain of the Port Jacksonville or a des- the Miami River west of the junction of ignated representative, all persons and the Miami River and the Tamiami vessels receiving such authorization Canal to the South Florida Water Man- must comply with the instructions of agement District’s salinity dam, as the Captain of the Port Jacksonville or well as on the Tamiami Canal from its a designated representative. mouth to the N.W. 37th Avenue Bridge. (3) The Coast Guard will provide no- (5) All moored and rafted vessels tice of the regulated area via Broadcast shall provide safe access from the Notice to Mariners or by on-scene des- shore. ignated representatives. (6) All moored and rafted vessels shall provide clear and ready access for (4) This regulation does not apply to land-based firefighters to safely and authorized law enforcement agencies quickly reach outboard rafted vessels. operating within the regulated area. (7) No vessels shall moor or raft in [USCG–2014–0152, 80 FR 11130, Mar. 2, 2015] any manner as to impede safe passage 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

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to its berth at Blount Island Marine rity zone will also be in effect as the Terminal, Jacksonville, Florida. vessel transits to its berth at Blount (2) Zone B. 100 yards in all directions Island Marine Terminal, Jacksonville, on land and 200 yards on water from Florida. 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 Florida. waters 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 land, Jacksonville, Florida, com- waters 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″. tude 30°23′34″, longitude 81°30′52″ and (b) The areas described in paragraph the southeasterly most shore point (a) of this section may be closed to all latitude 30°23′38″, longitude 81°30′36″. vessels and persons, except those ves- (b) The areas described in paragraph sels and persons authorized by the (a) of this section shall be closed to all Commander, Seventh Coast Guard Dis- vessels and persons, except those ves- trict or the Captain of the Port, Jack- sels and persons authorized by the sonville, Florida, whenever specified Commander, Seventh Coast Guard Dis- Maritime Prepositioned Ships are trict or the Captain of the Port, Jack- transiting the St. Johns River (Zone sonville, Florida, whenever specified A), moored at Blount Island (Zone B), Maritime Prepositioned Ships are or moored at Gate Terminal (Zone C). transiting the St. Johns River (Zone (c) The general regulations governing A), moored at Blount Island (Zone B), safety zones contained in 33 CFR 165.23 or moored at Gate Terminal (Zone C). apply. (c) The general regulations governing (d) The Captain of the Port Jackson- security zones contained in 33 CFR ville, Florida will activate the safety 165.33 apply. zones or specific portions of them by (d) The Captain of the Port Jackson- issuing a local broadcast notice to ville, Florida will activate the security mariners. The closing of the area at zones or specific portions of them by Blount Island, described above, will be issuing a local broadcast notice to signified by the display of a rotating mariners. The closing of the area at yellow light located on the waterfront Blount Island, described above, will be at Blount Island Marine Terminal or at signified by the display of a rotating the Gate Terminal Berth #1. yellow light located on the waterfront [CGD7 87–15, 52 FR 23442, June 22, 1987, as at Blount Island Marine Terminal or at amended by CGD7 91–33, 56 FR 22826, May 17, the Gate Terminal Berth #1. 1991] [CGD7 87–16, 52 FR 23443, June 22, 1987, as § 165.729 Jacksonville Harbor, Flor- amended by CGD7 91–34, 56 FR 22827, May 17, ida—security zone. 1991] (a) The water, land, and land and § 165.730 King’s Bay, Georgia—Regu- water within the following boundaries lated navigation area. are established as security zones dur- Vessels transiting in the water ing the specified conditions: bounded by the line connecting the fol- (1) Zone A. 200 yards in all directions lowing points must travel no faster around any specified Maritime than needed for steerageway: Prepositioned Ship as it transits be- Latitude Longtitude tween the St. Johns River entrance sea 30°48′00.0″ N 081°29′24.0″ W buoy (STJ) and its berth inside the 30°46′19.5″ N 081°29′17.0″ W Mayport Naval Basin (Ribault Bay), 30°47′35.0″ N 081°30′16.5″ W Mayport, Florida. The prescribed secu- and thence to the point of beginning

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[CGD7 92–41, 58 FR 38057, July 15, 1993] (1) All waters within 1 nautical mile of any Navy submarine operating with- § 165.731 Security Zone: Cumberland in the Sector Jacksonville Captain of Sound, Georgia. the Port Zone territorial seas; and (a) Definition. The term ‘‘designated (2) All waters within 1 nautical mile representative’’ means Coast Guard Pa- of the charted center of the navigation trol Commanders, including Coast channel from the southern tip of Crab Guard coxswains, petty officers, and Island in the Cumberland Sound, Geor- other officers operating Coast Guard gia, to the St. Marys Entrance Channel vessels, and Federal, state, and local and its approach extending eastward to officers designated by or assisting the lighted buoy ‘‘STM.’’ Captain of the Port (COTP) Jackson- (b) Regulations. All persons and ves- ville, Florida, in the enforcement of sels located within a RNA created by the regulated areas. paragraph (a) shall follow all lawful or- (b) Location. A permanent security ders and/or directions given to them by zone is established within the following designated Coast Guard representa- coordinates, the area enclosed by a line tives. 33 CFR 165, subpart B, contains starting at 30°44′55″ N., 081°29′39″ W.; additional provisions applicable to the thence to 30°44′55″ N., 081°29′18″ W.; RNA created in paragraph (a) of this thence to 30°46′35″ N., 081°29′18″ W.; section. thence to 30°47′02″ N., 081°29′34″ W.; (c) Notification. The Coast Guard es- thence to 30°47′21″ N., 081°29′39″ W.; cort will attempt, when necessary and thence to 30°48′00″ N., 081°29′42″ W.; practicable, to notify any persons or thence to 30°49′07″ N., 081°29′56″ W.; vessels inside or approaching the vicin- thence to 30°49′55″ N., 081°30′35″ W.; ity of a RNA created in paragraph (a) thence to 30°50′15″ N., 081°31′08″ W.; of this section of its existence via VHF thence to 30°50′14″ N., 081°31′30″ W.; Channel 16 and/or any other means rea- thence to 30°49′58″ N., 081°31′45″ W.; sonably available. thence to 30°49′58″ N., 081°32′03″ W.; [USCG–2016–0032, 82 FR 13967, Mar. 16, 2017] thence to 30°50′12″ N., 081°32′17″ W.; thence following the land based perim- § 165.749 Security Zone: Escorted Ves- eter boundary to the point of origin. sels, Savannah, Georgia, Captain of (c) Regulations. (1) No person or vessel the Port Zone. may enter or remain within the secu- (a) Definitions. The following defini- rity zone without the permission of the tions apply to this section: COTP Jacksonville or designated rep- COTP means Captain of the Port Sa- resentative. vannah, GA. (2) All persons and vessels authorized Designated representatives means to enter the security zone shall imme- Coast Guard Patrol Commanders in- diately obey any direction or order of cluding Coast Guard coxswains, petty the COTP Jacksonville or designated officers and other officers operating representative. Coast Guard vessels, and Federal, (3) This regulation does not apply to State, and local officers designated by persons or vessels operating under the or assisting the COTP, in the enforce- authority of the United States Navy or ment of the security zone. to authorized law enforcement agen- Escorted vessel means a vessel, other cies. than a large U.S. naval vessel as de- [USCG–2016–0032, 82 FR 13967, Mar. 16, 2017] fined in 33 CFR 165.2015, that is accompanied by one or more Coast Guard as- § 165.732 Escorted Submarines Sector sets or other Federal, State or local Jacksonville Captain of the Port law enforcement agency assets clearly Zone. identifiable by lights, vessel markings, (a) Location. The following areas are or with agency insignia as listed below: regulated navigation areas (RNA) (1) Coast Guard surface or air asset whenever any Navy submarine (foreign displaying the Coast Guard insignia. or domestic) is being escorted by the (2) State and/or local law enforce- Coast Guard within the Sector Jack- ment asset displaying the applicable sonville Captain of the Port Zone terri- agency markings and/or equipment as- torial seas: sociated with the agency.

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(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 Sa- wake. Due to the different speeds at vannah may be reached via phone at which vessels of different sizes and con- (912) 652–4353. 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 safe speed be interpreted as a speed less [USCG–2007–0157, 73 FR 37837, July 2, 2008] than that required for a particular vessel to maintain steerageway. A vessel § 165.751 Security Zone: LNG mooring is not proceeding at minimum safe slip, Savannah River, Savannah, speed if it is: Georgia. (1) On a plane; (a) Security zone. The following area (2) In the process of coming up onto is a security zone: All the waters from or coming off a plane; or surface to bottom of the northeastern (3) Creating an excessive wake. most mooring dolphin located at ap- (b) Regulated area. All navigable proximately 32[deg]05.01′ North, waters, as defined in 33 CFR 2.36, with- 080[deg]59.38′ West, to the southeastern in the Captain of the Port Zone, Savan- most mooring dolphin located at ap- nah, Georgia 33 CFR 3.35–15. proximately 32[deg]04.79′ North, (c) Security zone. A 300-yard security 080[deg]59.35′ West, and continues west zone is established around each es- along the North and South shoreline of corted vessel within the regulated area the mooring slip to the shoreline of the described in paragraph (b) of this sec- right descending bank of the Savannah tion. This is a moving security zone River. All marine traffic is prohibited when the escorted vessel is in transit from entering this zone unless author- and becomes a fixed zone when the es- ized by the Captain of the Port (COTP). corted vessel is anchored or moored. A (b) Applicability. This section applies security zone will not extend beyond to all vessels including naval and other the boundary of the regulated area in public vessels, except vessels that are this section. engaged in the following operations: (d) Regulations. (1) The general regu- (1) Law enforcement, security, or lations for security zones contained in search and rescue; § 165.33 of this part apply to this sec- (2) Servicing aids to navigation; tion. (2) A vessel may request the permis- (3) Surveying, maintenance, or im- sion of the COTP Savannah or a des- provement of waters in the security ignated representative to enter the se- zone; or curity zone described in paragraph (c) (4) Actively engaged in escort, ma- of this section. If permitted to enter neuvering, or support duties for an the security zone, a vessel must pro- LNG tankship. ceed at the minimum safe speed and (c) Regulations. In accordance with must comply with the orders of the the general regulations in § 165.33 of COTP or a designated representative. this part, entry into or movement No vessel or person may enter the within this zone is prohibited unless inner 50-yard portion of the security authorized by the Captain of the Port zone closest to the vessel. Savannah or vessels engaged in activi- (e) Notice of security zone. The COTP ties defined in paragraph (b). will inform the public of the existence (d) Reporting of violations. Violations or status of the security zones around of this section should be reported to

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the Captain of the Port, Savannah, at ited water depth in Sparkman Channel (912) 652–4353. caused by an underwater pipeline. The [COTP SAVANNAH 06–160, 72 FR 27246, May regulated navigation area is in 15, 2007] Sparkman Channel between the lines connecting the following points (ref- § 165.752 Sparkman Channel, Tampa, erenced in NAD 83): Florida—regulated navigation area. (a) A regulated navigation area is established to protect vessels from lim-

Latitude Longitude Latitude Longitude

1: 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 (3) Prior to passing Egmont Key in pilotage shall not meet or overtake any direction; other like vessels in Sparkman Chan- (4) Prior to transiting the Skyway nel. Bridge in either direction; (c) Vessels having a draft of more (5) Prior to transiting the intersec- than 35.5 feet may not transit tion of Tampa Bay Cut F Channel, Sparkman Channel. Tampa Bay Cut G Channel, and Gads- (d) Vessels having a draft of 34.5 feet, den Point Cut Channel; but not over 35.5 feet, may transit (6) Prior to anchoring or approaching Sparkman Channel only when the tide a berth for docking; is at least one foot above mean low (7) Prior to tending hawser; water. (8) Prior to transiting Point Pinellas (e) Vessels with a draft of 30 feet or Channel Light 1 in either direction. greater shall transit as near as possible to the center of the channel. (c) Each Navigational Advisory required by this section shall be made in [CGD7 90–52, 56 FR 36005, July 30, 1991, as the English language and will contain amended by USCG–1998–3799, 63 FR 35532, the following information: June 30, 1998] (1) The words ‘‘Hello all vessels, a § 165.753 Regulated navigation area; Navigational Advisory follows’’; Tampa Bay, Florida. (2) Name of vessel; (a) The following is a regulated navi- (3) If engaged in towing, the nature of gation area (RNA): All the navigable the tow; waters of Tampa Bay, Hillsborough (4) Direction of Movement; Bay and Old Tampa Bay, including all (5) Present location; and, navigable waterways tributary thereto. (6) The nature of any hazardous con- Also included are the waters of Egmont ditions as defined by 33 CFR 160.202. Channel, Gulf of Mexico from Tampa (d) Nothing in this section shall su- Bay, Tampa Bay Entrance, approxi- persede the Navigational Rules mate position (27°35.3′ N., 079°35.5′ W.). (COLREGS and their associated An- (b) The master, pilot, or person in nexes and Inland Navigation Rules (33 charge of any vessel of 50 meters or CFR subchapter E)), as applicable, or greater shall give a Navigational Advi- relieve the Master or person in charge sory Broadcast in accordance with 47 of the vessel of responsibility for the CFR 80.331 on VHF-FM channel 13 at safe navigation of the vessel. the following broadcast/reporting points: [CGD07–94–094, 60 FR 58519, Nov. 28, 1995, as (1) Prior to getting underway from amended by USCG–2005–21869, 80 FR 5336, any berth or anchorage; Jan. 30, 2015 ; USCG–2015–0433, 80 FR 44286, July 27, 2015] (2) Prior to entering Egmont Channel from seaward;

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§ 165.754 Safety Zone: San Juan Har- (5) Should the actual time of entry of bor, San Juan, PR. the Liquefied Petroleum Gas vessel (a) Regulated area. A moving safety vary more than one half hour from the zone is established in the following scheduled time stated in the broadcast area: Notice to Mariners, the person direct- (1) The waters around Liquefied Pe- ing the movement of the Liquefied Pe- troleum Gas ships entering San Juan troleum Gas vessel shall obtain permis- Harbor in an area one half mile around sion from Captain of the Port San Juan each vessel, beginning one mile north before commencing the transit. of the San Juan Harbor #1 Sea Buoy, in (6) All persons and vessels shall com- approximate position 18–29.3N, 66–07.6W ply with the instructions of on-scene and continuing until the vessel is safe- patrol personnel. On-scene patrol per- ly moored at either the Gulf Refinery sonnel include commissioned, warrant, Oil dock or the Catano Oil dock in ap- or petty officers of the U.S. Coast proximate position 18–25.8N, 66–06.5W. Guard. Coast Guard Auxiliary and local All coordinates referenced use datum: or state officials may be present to in- NAD 83. form vessel operators of the require- (2) The waters around Liquefied Pe- ments of this section, and other appli- troleum Gas ships departing San Juan cable laws. Harbor in an area one half mile around each vessel beginning at either the [COTP SAN JUAN 97–045, 63 FR 27681, May Gulf Refinery Oil dock or Catano Oil 20, 1998, as amended by USCG–2001–9286, 66 FR 33641, June 25, 2001; USCG–2008–0179, 73 dock in approximate position 18–25.8N, FR 35017, June 19, 2008] 66–06.5W when the vessel gets underway, and continuing until the stern § 165.755 Safety Zone; Guayanilla, passes the San Juan Harbor #1 Sea Puerto Rico. Buoy, in approximate position 18–28.3N, 66–07.6W. All coordinates referenced use (a) The following area is established datum: NAD 83. as a safety zone during the specified (b) Regulations. (1) No person or ves- conditions: sel may enter, transit or remain in the (1) A 100 yard radius surrounding a safety zone unless authorized by the vessel carrying Liquefied Natural Gas Captain of the Port, San Juan, Puerto (LNG) while transiting north of Lati- ° ′ Rico, or a designated Coast Guard com- tude 17 56.0 N in the waters of the Car- missioned, warrant, or petty officer. ibbean Sea, on approach to or depar- (2) Vessels encountering emergencies ture from the Eco-Electrica waterfront which require transit through the mov- facility in Guayanilla Bay, Puerto ing safety zone should contact the Rico. The safety zone remains in effect Coast Guard patrol craft on VHF Chan- until the LNG vessel is docked at the nel 16. In the event of an emergency, Eco-Electrica waterfront facility or ° ′ the Coast Guard patrol craft may au- south of Latitude 17 56.0 N. thorize a vessel to transit through the (2) The waters within 150 feet of a safety zone with a Coast Guard des- LNG vessel when the vessel is along- ignated escort. side the Eco-Electrica waterfront facil- (3) The Captain of the Port and the ity in Guayanilla Bay, at position Duty Officer at Sector San Juan, Puer- 17°58.55′ N, 066°45.3′ W. This safety zone to Rico, can be contacted at telephone remains in effect while the LNG vessel number 787–289–2041. The Coast Guard is docked with product aboard or is Patrol Commander enforcing the safety transferring LNG. zone can be contacted on VHF-FM (b) In accordance with the general channels 16 and 22A. regulations in 165.23 of this part, an- (4) Coast Guard Sector San Juan will choring, mooring or transiting in these notify the marine community of peri- zones is prohibited unless authorized ods during which these safety zones by the Coast Guard Captain of the will be in effect by providing advance 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

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notice of scheduled arrivals and depar- at an oblique angle to the towline. This tures of LNG vessels via a marine method increases the resultant bollard broadcast Notice to Mariners. pull, thereby arresting and controlling the motion of an escorted vessel. [COTP San Juan 00–095, 66 FR 16870, Mar. 28, 2001, as amended by USCG–2008–0179, 73 FR LNG tankship means a vessel as de- 35017, June 19, 2008] scribed in 46 CFR 154. Made-up means physically attached § 165.756 Regulated Navigation Area; by cable, towline, or other secure Savannah River, Georgia. means in such a way as to be imme- (a) Regulated Navigation Area (RNA). diately ready to exert force on a vessel The Savannah River between Fort being escorted. Jackson (32°04.93′ N, 081°02.19′ W) and Make-up means the act of, or prep- the Savannah River Channel Entrance arations for becoming made-up. Sea Buoy is a regulated navigation Operator means the person who owns, area when an LNG tankship in excess operates, or is responsible for the oper- of heel is transiting the area or moored ation of a facility or vessel. at the LNG facility. All coordinates are Savannah River Channel Entrance Sea North American Datum 1983. Buoy means the aid to navigation la- (b) Definitions. The following defini- beled R W ‘‘T’’ Mo (A) WHIS on the Na- tions apply to this section: tional Oceanic and Atmospheric Ad- Bare steerage way means the min- ministration’s (NOAA) Nautical Chart imum speed necessary for a ship to 11512. maintain control over its heading. Standby means readily available at Bollard pull means an industry stand- the facility and equipped to provide a ard used for rating tug capabilities and ready means of assistance to maintain 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) This section applies line forces by thrust alone at an angle Applicability. 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. Fire Wire means a length of wire rope in the following operations: or chain hung from the bow and stern (1) Law enforcement, security, or of a vessel in port to allow the vessel to search and rescue; be towed away from the pier in case of (2) Servicing aids to navigation; fire; also called fire warp or emergency (3) Surveying, maintenance, or im- towing wire. provement of waters in the RNA; or Heel means the minimum quantity of (4) Actively engaged in escort, ma- liquefied natural gas (LNG) retained in neuvering, or support duties for an an LNG tankship after unloading at LNG tankship. the LNG facility to maintain tempera- (d) Regulations—(1) Requirements for ture, pressure, and/or prudent oper- vessel operations while a LNG tankship, ations. A quantity of LNG less than carrying LNG in excess of heel, is under- five percent (5 %) of the LNG tank- way within the RNA. (i) Except for a ship’s carrying capacity shall be pre- vessel that is moored at a marina, sumed to be heel. wharf, or pier, and remains moored, no Indirect mode means a towing tech- vessel 1,600 gross tons or greater may nique defined as a method of operation come within two nautical miles of a by which an escorting towing vessel LNG tankship, carrying LNG in excess generates towline forces by a combina- of heel, which is underway within the tion of thrust and hydrodynamic forces Savannah River shipping channel with- resulting from a presentation of the out the permission of the Captain of underwater body of the towing vessel the Port (COTP).

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(ii) All vessels less than 1,600 gross least one of these towing vessels shall tons shall keep clear of transiting LNG be FiFi Class 1 equipped. The standby tankships. towing vessels shall take appropriate (iii) The owner, master, or operator action in an emergency as directed by of a vessel carrying liquefied natural the LNG vessel bridge watch required gas (LNG) shall: in paragraph (d)(5) of this section. (A) Comply with the notice require- (ii) If two LNG tankships are moored ments of 33 CFR part 160. The COTP inside the LNG facility slip, each vessel may delay the vessel’s entry into the shall provide a standby towing vessel RNA to accommodate other commer- that is FiFi class 1 equipped with a cial traffic. minimum capacity of 100,000 pounds of (B) Obtain permission from the COTP bollard pull and 4,000 horsepower that before commencing the transit into the is available to assist as directed by the RNA. LNG vessel bridge watch required in (C) Not enter or get underway within paragraph (d)(5) of this section. the RNA if visibility during the transit (4) Requirements while LNG tankships is not sufficient to safely navigate the are moored both inside the LNG facility channel, and/or wind speed is, or is ex- slip and outside the LNG facility slip. (i) pected to be, greater than 25 knots. When one LNG tankship is moored in- (D) While transiting the RNA, the side and one LNG tankship is moored LNG tankship, carrying LNG in excess outside of the LNG facility slip, the of heel, shall have a minimum of two LNG tankship moored outside of the escort towing vessels with a minimum LNG facility slip shall have on-scene a of 100,000 pounds of bollard pull, 4,000 minimum of two escort towing vessels horsepower and capable of safely oper- each with a minimum of 100,000 pounds ating in the indirect mode. At least one of bollard pull, 4,000 horsepower and ca- 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

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FiFi Class 1 equipped to take appro- Light 46 until the vessel is safely past priate actions in an emergency as di- the LNG dock. rected by the LNG vessel bridge watch (B) Inbound vessels shall be made-up required in paragraph (d)(5) of this sec- and escorted from Elba Island Light 37 tion. until the vessel is safely past the LNG (iii) In the event of an actual emer- dock. gency, escort towing vessels can be uti- (ii) The requirements in paragraph lized as stand-by towing vessels to take (d)(6)(i) of this section do not apply appropriate actions as directed by the when one or more LNG tankships are LNG vessel bridge watch required in moored in the LNG facility slip and no paragraph (d)(5) of this section. LNG tankship is moored at the pier (5) Requirements for moored LNG tank- outside of the LNG facility slip. ships. (i) While moored within the RNA, (iii) Vessels 1,600 gross tons or great- each LNG tankship shall maintain a er shall make a broadcast on channel bridge watch consisting of a docking 13 at the following points on the Sa- pilot or licensed deck officer who shall vannah River: monitor all vessels transiting past the (A) Buoy ‘‘33’’ in the vicinity of LNG facility. In addition, the LNG Fields Cut for inbound vessels; Bridge Watch shall communicate with (B) Buoy ‘‘53’’ in the vicinity of Fort the pilots of vessels greater than 1600 Jackson for outbound vessels. gross tons at the points identified in (iv) Vessels 1,600 gross tons or greater section (d)(6)(iii) of this section prior shall at a minimum, transit at bare to passing the LNG facility in order to steerageway when within an area 1,000 take actions of the towing vessel(s) re- yards on either side of the LNG facility quired in paragraphs (d)(2) through (4) slip to minimize potential wake or of this section. surge damage to the LNG facility and (ii) While moored within the RNA, vessel(s) within the slip. LNG tankships shall have emergency 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.

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In accordance with the general regula- unless authorized by the Coast Guard tions in § 165.13 of this part, no person Captain of the Port. Coast Guard Sec- may cause or authorize the operation tor San Juan will notify the maritime of a vessel in the regulated navigation community of periods during which area contrary to the provisions of this these safety zones will be in effect by section. providing advance notice of scheduled [CGD07–05–138, 72 FR 2453, Jan. 19, 2007] arrivals and departures on LHG carriers via a broadcast notice to mariners § 165.757 Safety Zones; Ports of Ponce, on VHF Marine Band Radio, Channel 16 Tallaboa, and Guayanilla, Puerto (156.8 MHz). Rico and Limetree Bay, St. Croix, U.S.V.I. [COTP San Juan 02–038, 67 FR 60867, Sept. 27, (a) Location. The following areas are 2002, as amended by USCG–2008–0179, 73 FR established as a safety zones during the 35017, June 19, 2008] specified conditions: (1) Port of Ponce, Puerto Rico. A 100- § 165.758 Security Zone; San Juan, yard radius surrounding all Liquefied Puerto Rico. Hazardous Gas (LHG) vessels with (a) Location. Moving and fixed secu- product aboard while transiting north rity zones are established 50 yards of Latitude 17°57.0′ N in the waters of around all cruise ships entering, de- the Caribbean Sea on approach to or parting, moored or anchored in the departing from the Port of Ponce, Port of San Juan, Puerto Rico. The se- Puerto Rico (NAD 83). The safety zone curity zone for a cruise ship entering remains in effect until the LHG vessel port is activated when the vessel is one is docked. mile north of the #3 buoy, at approxi- (2) Port of Tallaboa, Puerto Rico. A 100- mate position 18°28′17′ N, 66°07′37.5′ W. yard radius surrounding all Liquefied The security zone for a vessel is deacti- Hazardous Gas (LHG) vessels with vated when the vessel passes this buoy product aboard while transiting north on its departure from the port. of Latitude 17°56.0′ N in the waters of (b) Regulations. (1) Under general reg- the Caribbean Sea on approach to or departing from the Port of Tallaboa, ulations in § 165.33 of this part, enter- Puerto Rico (NAD 83). The safety zone ing, anchoring, mooring or transiting remains in effect until the LHG vessel in these zones is prohibited unless au- is docked. thorized by the Coast Guard Captain of (3) Port of Guayanilla, Puerto Rico. A the Port of San Juan. 100-yard radius surrounding all Lique- (2) Persons desiring to transit the fied Hazardous Gas (LHG) vessels area of the security zone may contact around with product aboard while the Captain of the Port at the Sector transiting north of Latitude 17°57.0′ N San Juan at (787) 289–2041 or via VHF in the waters of the Caribbean Sea on radio on Channel 16 to seek permission approach to or departing from the Port to transit the area. If permission is of Guayanilla, Puerto Rico (NAD 83). granted, all persons and vessels must The safety zone remains in effect until comply with the instructions of the the LHG vessel is docked. Captain of the Port or his designated (4) Port of Limetree Bay, St. Croix, representative. U.S.V.I. A 100-yard radius surrounding (3) The Coast Guard Sector San Juan all Liquefied Hazardous Gas (LHG) ves- will attempt to notify the maritime sels with product aboard while community of periods during which transiting north of Latitude 17°39.0′ N these security zones will be in effect by in the waters of the Caribbean Sea on providing advance notice of scheduled approach to or departing from the Port of Limetree Bay, U.S.V.I. (NAD 83). arrivals and departures of cruise ships The safety zone remains in effect until via a broadcast notice to mariners. the LHG vessel is docked. (c) Definition. As used in this section, (b) Regulations. In accordance with cruise ship means a passenger vessel the general regulations in § 165.23 of greater than 100 feet in length that is this part, anchoring, mooring or authorized to carry more than 150 pas- transiting in these zones is prohibited sengers for hire, except for a ferry.

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(d) Authority. In addition to 33 U.S.C § 165.760 [Reserved] 1231 and 50 U.S.C. 191, the authority for this section includes 33 U.S.C. 1226. § 165.761 Security Zones; Port of Palm Beach, Port Everglades, Port of [CGD07–02–042, 67 FR 76991, Dec. 16, 2002, as Miami, and Port of Key West, Flor- amended by USCG–2008–0179, 73 FR 35017, ida. June 19, 2008] (a) Location. The following areas are security zones: § 165.759 Security Zones; Ports of Jacksonville, Fernandina, and Ca- (1) Fixed and moving security zones naveral, Florida. around vessels in the Ports of Palm Beach, Port Everglades, Miami, and Key (a) Regulated area. Moving security West, Florida. Moving security zones zones are established 100 yards around are established 100 yards around all all tank vessels, cruise ships, and mili- passenger vessels, vessels carrying car- tary pre-positioned ships during tran- goes of particular hazard, or vessels sits entering or departing the ports of carrying liquefied hazardous gas (LHG) Jacksonville, Fernandina, and Canav- as defined in 33 CFR parts 120, 126 and eral, Florida. These moving security 127 respectively, during transits enter- zones are activated when the subject ing or departing the Ports of Palm vessels pass the St. Johns River Sea Beach, Port Everglades, Miami or Key Buoy, at approximate position 30 deg. West, Florida. These moving security 23′ 35″ N, 81 deg, 19′ 08″ West, when en- zones are activated when the subject tering the port of Jacksonville, or pass vessel passes: ‘‘LW’’ buoy, at approxi- Port Canaveral Channel Entrance mate position 26°46.3′ N, 080°00.6′ W, Buoys # 3 or # 4, at respective approxi- when entering the Port of Palm Beach, mate positions 28 deg. 22.7 N, 80 deg 31.8 passes ‘‘PE’’ buoy, at approximate po- ° ′ ° ′ W, and 28 deg. 23.7 N, 80 deg. 29.2 W, sition 26 05.5 N, 080 04.8 W, when enter- when entering Port Canaveral. Fixed ing Port Everglades; the ‘‘M’’ buoy, at ° ′ ° ′ security zones are established 100 yards approximate position 25 46.1 N, 080 05.0 W, when entering the Port of Miami; around all tank vessels, cruise ships, and ‘‘KW’’ buoy, at approximate posi- and military pre-positioned ships tion 24°27.7′ N, 081°48.1′ W, when enter- docked in the Ports of Jacksonville, ing the Port of Key West. Fixed secu- Fernandina, and Canaveral, Florida. rity zones are established 100 yards (b) Regulations. In accordance with around all passenger vessels, vessels the general regulations § 165.33 of this carrying cargoes of particular hazard part, entry into these zones is prohib- or liquefied hazardous gas (LHG) as de- ited except as authorized by the Cap- fined in 33 CFR parts 120, 126 and 127 re- tain of the Port, or a Coast Guard com- spectively, while they are docked in missioned, warrant, or petty officer the Ports of Palm Beach, Port Ever- designated by him. The Captain of the glades, Miami or Key West, Florida. Port will notify the public of any (2) Fixed security zone in the Port of changes in the status of this zone by Miami, Florida. A fixed security zone Marine Safety Radio Broadcast on VHF encompasses all waters between Wat- Marine Band Radio, Channel 22 (157.1 son Park and Star Island on the Mac- MHz). Arthur Causeway south to the Port of (c) Definition. As used in this section: Miami. The western boundary is cruise ship means a passenger vessel, formed by an imaginary line from ° ′ ° ′ except for a ferry, greater than 100 feet points 25 46.79 N, 080 10.90 W, to ° ′ ° ′ ° ′ in length that is authorized to carry 25 46.77 N, 080 10.92 W to 25 46.88 N, ° ′ more than 12 passengers for hire. 080 10.84 W, and ending on Watson Park at 25°47.00′ N, 080°10.67′ W. The (d) Authority. In addition to 33 U.S.C. eastern boundary is formed by an 1231 and 50 U.S.C. 191, the authority for imaginary line from the traffic light this section includes 33 U.S.C. 1226. located at Bridge road, in approximate [COTP Jacksonville 02–066, 68 FR 3186, Jan. position 25°46.33′ N, 080°09.12′ W, which 23, 2003] leads to Star Island, and MacArthur Causeway directly extending across the Main Channel to the Port of Miami, at

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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 (3) Fixed security zones in the Port Ev- authorized by the Captain of the Port erglades. A fixed security zone encom- Miami or his designated representa- passes all waters west of an imaginary tive. Other vessels such as pilot boats, line starting at the northern most cruise ship tenders, tug boats and con- point 26°05.98′ N, 080°07.15′ W, near the tracted security vessels may assist the west side of the 17th Street Causeway Coast Guard Captain of the Port under Bridge, to the southern most point the direction of his designated rep- 26°05.41′ N, 080°06.96′ W, on the northern resentative by monitoring these zones tip of pier 22. An additional fixed secu- strictly to advise mariners of the re- rity zone encompasses the Intracoastal strictions. The Captain of the Port will Waterway between a line connecting notify the public via Marine Safety point 26°05.41′ N, 080°06.97′ W, on the Radio Broadcast on VHF Marine Band northern tip of berth 22 and a point di- Radio, Channel 16 (156.8 MHz) when the rectly east across the Intracoastal Wa- security zones are being enforced. terway to 26°05.41′ N, 080°06.74′ W; and a (3) Persons desiring to enter or tran- line drawn from the corner of Port Ev- sit the area of the security zone may erglades berth 29 at point 26°04.72′ N, contact the Captain of the Port at (305) 080°06.92′ W, easterly across the Intra- 535–8701 or on VHF Marine Band Radio, coastal Waterway to John U. Lloyd Channel 16 (156.8 MHz) to seek permis- Beach, State Recreational Area at sion to transit the area. If permission point 26°04.72′ N, 080°06.81′ W. is granted, all persons and vessels must (i) Vessels may be allowed to transit comply with the instructions of the the Intracoastal Waterway when pas- Captain of the Port or his or her des- senger vessels or vessels carrying car- ignated representative. goes of particular hazard are berthed, (4) The Captain of the Port Miami by staying east of the law enforcement may waive any of the requirements of vessels and cruise ship tenders, which this subpart for any vessel upon finding will mark a transit lane in the Intra- that the vessel or class of vessel, oper- coastal Waterway. ational conditions, or other cir- (ii) Periodically, vessels may be re- cumstances are such that application quired to temporarily hold their posi- of this subpart is unnecessary or im- tions while large commercial traffic practical for the purpose of port secu- operates in this area. Vessels in this se- rity, safety or environmental safety. curity zone must follow the orders of (c) Definition. As used in this section, the COTP or his designated representa- cruise ship means a passenger vessel tive, who may be embarked in law en- greater than 100 feet in length and over forcement or other vessels on scene. 100 gross tons that is authorized to

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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. [COTP San Juan 03–024, 68 FR 33391, June 4, 1231 and 50 U.S.C. 191, the authority for 2003, as amended by USCG–2008–0179, 73 FR this section includes 33 U.S.C. 1226. 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 mate position 18°19′15″ North, 64°55′59″ Pier lights. The security zone for a ves- West when entering the port using East sel is deactivated when the cruise ship Gregorie Channel; and red lighted buoy is beyond one nautical mile west of the 4 in approximate position 18°18′16″ Fredericksted Pier lights. The North, 64°57′30″ West when entering the Fredericksted Pier lights are at the port using West Gregorie Channel. following coordinates: 17°42′49″ N, These zones are deactivated when the 64°53′19″ W. All coordinates are North cruise ship passes any of these buoys American Datum 1983 (NAD 1983). on its departure from the Port. (b) Regulations. (1) Under general reg- (b) Regulations. (1) Under general regulations in § 165.33 of this part, enter- ulations in § 165.33 of this part, entering, anchoring, mooring, or transiting ing, anchoring, mooring or transiting in these zones is prohibited unless au- in these zones is prohibited unless authorized by the Coast Guard Captain of thorized by the Coast Guard Captain of the Port San Juan or their designated the Port of San Juan. representative. (2) Persons desiring to transit the (2) Persons desiring to transit area of the security zone may contact through a security zone may contact the Captain of the Port at the Sector the Captain of the Port San Juan who San Juan at (787) 289–2041 or via VHF can be reached on VHF Marine Band radio on Channel 16 to seek permission Radio, Channel 16 (156.8 Mhz) or by to transit the area. If permission is calling (787) 289–2041, 24-hours-a-day, 7- granted, all persons and vessels must days-a-week. If permission is granted, comply with the instructions of the all persons and vessels must comply Captain of the Port or his designated with the instructions of the Captain of representative. the Port or designated representative. (3) Coast Guard Sector San Juan will (3) Sector San Juan will attempt to attempt to notify the maritime com- notify the maritime community of pe- munity of periods during which these riods during which these security zones security zones will be in effect by pro- will be in effect by providing advance viding advance notice of scheduled ar- notice of scheduled arrivals and depar- rivals and departures of cruise ships tures of cruise ships via a broadcast no- via a broadcast notice to mariners. tice to mariners. (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 that is authorized to carry more than 150 pas- authorized to carry more than 150 passengers for hire, except for a ferry. sengers for hire, except for a ferry.

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(d) Authority. In addition to 33 U.S.C. (3) Creating an excessive wake. 1231 and 50 U.S.C. 191, the authority for [CDG07–03–069, 68 FR 63991, Nov. 12, 2003, as this section includes 33 U.S.C. 1226. amended by USCG–2015–0433, 80 FR 44286, [COTP San Juan 05–002, 70 FR 22256, Apr. 29, July 27, 2015] 2005] § 165.766 Security Zone: HOVENSA Re- finery, St. Croix, U.S. Virgin Is- § 165.764 [Reserved] lands. § 165.765 Regulated Navigation Area; (a) Regulated area. The Coast Guard is Port Everglades Harbor, Fort Lau- establishing a security zone in and derdale, Florida. around the HOVENSA Refinery on the south coast of St. Croix, U.S. Virgin Is- (a) Location. The following area in lands. This security zone includes all Port Everglades harbor is a regulated waters from surface to bottom, encom- navigation area: all waters of Port Ev- passed by an imaginary line connecting erglades harbor, from shore to shore, the following points: Point 1: 17°41′31″ encompassed by a line commencing at North, 64°45′09″ West, Point 2: 17°39′36″ the south mid-point tip of Harbor North, 64°44′12″ West, Point 3: 17°40′00″ ° ′ Heights approximately 26 05.687 N, North, 64°43′36″ West, Point 4: 17°41′48″ ° ′ 080 06.684 W; thence south across Bar North, 64°44′25″ West, and returning to Cut to a point north of the Nova Uni- the point of origin. These coordinates versity Marina approximately 26°05.552′ are based upon North American Datum N, 080°06.682′ W, thence southwesterly 1983 (NAD 1983). to a point near the center of Lake (b) Regulations. (1) Under § 165.33, Mabel approximately 26°05.482′ N, entry into or remaining in the security 080°06.793′ W, thence northwesterly to a zone in paragraph (a) of this section is point near the Quick Flashing Red #12 prohibited unless authorized by the approximately 26°05.666′ N, 080°06.947′ W, Coast Guard Captain of the Port San thence east to south mid-point tip of Juan or vessels have a scheduled ar- Harbor Heights (starting point) ap- rival in accordance with the Notice of proximately 26°05.687′ N, 080°06.684′ W. Arrival requirements of 33 CFR part (b) Regulations. Vessels less than 150 160, subpart C. meters entering and transiting through (2) Persons and vessels desiring to the regulated navigation area shall transit the Regulated Area may con- proceed at a slow speed. Nothing in tact the U.S. Coast Guard Captain of this section alleviates vessels or opera- the Port, San Juan, at telephone num- tors from complying with all state and ber 787–289–2041 or on VHF channel 16 local laws in the area including man- (156.8 MHz) to seek permission to tran- atee slow speed zones. Nor should any- sit the area. If permission is granted, thing in this section be construed as all persons and vessels must comply conflicting with the requirement to op- with the instructions of the Captain of erate at safe speed under the Inland the Port. Navigation Rules, (33 CFR subchapter [COTP San Juan 05–007, 72 FR 43537, Aug. 6, E). 2007] (c) Definition. As used in this section, slow speed means the speed at which a §§ 165.767–165.768 [Reserved] vessel proceeds when it is fully off § 165.769 Security Zone; Escorted Ves- plane, completely settled in the water sels, Charleston, South Carolina, and not creating excessive wake. Due Captain of the Port Zone. to the different speeds at which vessels (a) Definitions. The following defini- of different sizes and configurations tions apply to this section: may travel while in compliance with COTP means Captain of the Port this definition, no specific speed is as- Charleston, SC. signed to slow speed. A vessel is not Designated representatives means proceeding at slow speed if it is: Coast Guard Patrol Commanders in- (1) On a plane; cluding Coast Guard coxswains, petty (2) In the process of coming up on or officers and other officers operating coming off of plane; or Coast Guard vessels, and federal, state,

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and local officers designated by or as- (d) Regulations. (1) The general regu- sisting the COTP, in the enforcement lations for security zones contained in of the security zone. § 165.33 of this part applies to this sec- Escorted vessel means a vessel, other tion. than a large U.S. naval vessel as de- (2) A vessel may request the permis- fined in 33 CFR 165.2015, that is accom- sion of the COTP Charleston or a des- panied by one or more Coast Guard as- ignated representative to enter the se- sets or other Federal, State or local curity zone described in paragraph (c) law enforcement agency assets clearly of this section. If permitted to enter identifiable by lights, vessel markings, the security zone, a vessel must pro- or with agency insignia as listed below: ceed at the minimum safe speed and Coast Guard surface or air asset dis- must comply with the orders of the playing the Coast Guard insignia. COTP or a designated representative. State and/or local law enforcement No vessel or person may enter the asset displaying the applicable agency inner 50-yard portion of the security markings and/or equipment associated zone closest to the vessel. with the agency. (e) Notice of security zone. The COTP When escorted vessels are moored, will inform the public of the existence dayboards or other visual indications or status of the security zones around such as lights or buoys may be used. In escorted vessels in the regulated area all cases, broadcast notice to mariners by Broadcast Notice to Mariners. Coast will be issued to advise mariners of Guard assets or other Federal, State or these restrictions. local law enforcement agency assets Minimum safe speed means the speed will be clearly identified by lights, ves- at which a vessel proceeds when it is fully off plane, completely settled in sel markings, or with agency insignia. the water and not creating excessive When escorted vessels are moored, wake. Due to the different speeds at dayboards or other visual indications which vessels of different sizes and con- such as lights or buoys may be used. figurations may travel while in compli- (f) Contact information. The COTP ance with this definition, no specific Charleston may be reached via phone speed is assigned to minimum safe at (843) 724–7616. Any on scene Coast speed. In no instance should minimum Guard or designated representative as- safe speed be interpreted as a speed less sets may be reached via VHF-FM chan- than that required for a particular ves- nel 16. sel to maintain steerageway. A vessel is not proceeding at minimum safe [USCG–2007–0115, 73 FR 30562, May 28, 2008] speed if it is: § 165.770 Security Zone: HOVENSA Re- (1) On a plane; finery, St. Croix, U.S. Virgin Is- (2) In the process of coming up onto lands. or coming off a plane; or (a) Regulated area. The Coast Guard is (3) Creating an excessive wake. establishing a security zone in and (b) Regulated area. All navigable around the HOVENSA Refinery on the waters, as defined in 33 CFR 2.36, with- south coast of St. Croix, U.S. Virgin Is- in the Captain of the Port Zone, lands. This security zone includes all Charleston, South Carolina 33 CFR 3.35–15. waters from surface to bottom, encompassed by an imaginary line connecting (c) Security zone. A 300-yard security zone is established around each es- the following points: Point 1 in posi- ° ′ ″ ° ′ ″ corted vessel within the regulated area tion 17 41 31 N, 064 45 09 W; Point 2 in ° ′ ″ ° ′ ″ described in paragraph (b) of this sec- position 17 39 36 N, 064 44 12 W; Point 3 tion. This is a moving security zone in position 17°40′00″ N, 064°43′36″ W; when the escorted vessel is in transit Point 4 in position 17°41′48″ N, 064°44′25″ and becomes a fixed zone when the es- W; then tracing the shoreline along the corted vessel is anchored or moored. A water’s edge to the point of origin. security zone will not extend beyond These coordinates are based upon the boundary of the regulated area in North American Datum 1983 (NAD this section. 1983).

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(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 San Juan or vessels have a scheduled Guard will notify the maritime com- arrival at HOVENSA, Limetree Bay, munity of effective periods via a broad- St. Croix, in accordance with the No- cast notice to mariners on VHF Marine tice of Arrival requirements of 33 CFR Band Radio, Channel 22A (156.8 MHz). 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- tact the U.S. Coast Guard Captain of sels in Captain of the Port Zone the Port San Juan at telephone num- Jacksonville, Florida. ber 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. with the instructions of the Captain of Designated representatives means the Port. Coast Guard Patrol Commanders in- [USCG–2008–0284, 73 FR 27746, May 14, 2008] cluding Coast Guard coxswains, petty officers and other officers operating § 165.771 Safety Zone; Bahia de Ponce, Coast Guard vessels or aircraft, and Puerto Rico. federal, state, and local officers des- (a) Location. The following area is es- ignated by or assisting the COTP, in tablished as a safety zone during the the enforcement of the security zone. specified conditions: Escorted vessel means a vessel, other (1) A 100 yard radius around any ves- than a large U.S. naval vessel as de- sel carrying Liquefied Natural Gas fined in 33 CFR 165.2015, that is accom- (LNG) cargo while transiting north of panied by one or more Coast Guard as- Latitude 17°54′00″ N in the waters of the sets or other Federal, State, or local Caribbean Sea and the Bahia de Ponce, law enforcement agency assets clearly on approach to or departure from the identifiable by lights, vessel markings, Puerto de Ponce waterfront facility in or with agency insignia as follows: Bahia de Ponce. (1) Coast Guard surface or air asset (2) The waters within 150 feet of any displaying the Coast Guard insignia. vessel carrying LNG cargo while (2) State and/or local law enforce- moored at the Puerto de Ponce water- ment asset displaying the applicable front facility in Bahia de Ponce, be- agency markings and/or equipment as- tween berths 4 and 7 at approximate sociated with the agency. position 17°58′12″ N, 066°37′08″ W. (3) When escorted vessels are moored, (b) Definitions. The following defini- dayboards or other visual indications tions apply to this section: such as lights or buoys may be used. In Designated representative means Coast all cases, broadcast notice to mariners Guard Patrol Commander including will be issued to advise mariners of Coast Guard coxswains, petty officers these restrictions. and other officers operating Coast Minimum safe speed means the speed Guard vessels and federal, state, and at which a vessel proceeds when it is local officers designated by or assisting fully off plane, completely settled in the COTP San Juan in the enforcement the water and not creating excessive of the safety zone. wake. Due to the different speeds at (c) Regulations. In accordance with which vessels of different sizes and con- the general regulations in § 165.23 of figurations may travel while in compli- this part, anchoring, mooring or ance with this definition, no specific transiting in these zones is prohibited speed is assigned to minimum safe unless authorized by the Coast Guard speed. In no instance should minimum Captain of the Port or a designated safe speed be interpreted as a speed less representative. Persons and vessels de- than that required for a particular ves- siring to transit the Regulated Area sel to maintain steerageway. A vessel

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is not proceeding at minimum safe § 165.775 Safety Zone; Captain of the speed if it is: Port Zone Jacksonville; Offshore (1) On a plane; Cape Canaveral, Florida. (2) In the process of coming up onto (a) Regulated area. (1) Zone (A) is de- or coming off a plane; or fined by four latitude and longitude (3) Creating an excessive wake. corner points. Zone A originates from (b) Regulated area. All navigable the baseline at position 28°45.7′ N, waters, as defined within Captain of 080°42.7′ W; then proceeds northeast to the Port Zone, Jacksonville, Florida as 28°50.1′ N, 080°29.9′ W; then proceeds defined in 33 CFR 3.35–20. southeast to 28°31.3′ N, 080°19.6′ W; then (c) Security zone. A 500-yard security proceeds west back to the baseline at zone is established around each es- position 28°31.3′ N, 080°33.4′ W. corted vessel within the regulated area (2) Zone (B) is defined by four lati- described in paragraph (b) of this sec- tude and longitude corner points. Zone tion. This is a moving security zone B originates from the baseline at posi- when the escorted vessel is in transit tion 28°40.1′ N, 080°38.4′ W; then pro- and becomes a fixed zone when the es- ceeds northeast to 28°48.8′ N, 080°28.9′ W; corted vessel is anchored or moored. A then proceeds southeast to 28°29.7′ N, security zone will not extend beyond 080°18.9′ W; then proceeds west back to the boundary of the regulated area in the baseline at position 28°29.7′ N, this section. 080°31.6′ W. (d) Regulations. (1) The general regu- (3) Zone (C) is defined by four lati- lations for security zones contained in tude and longitude corner points. Zone § 165.33 of this part applies to this sec- C originates from the baseline at posi- ° ′ ° ′ tion. tion 28 36.2 N, 080 35.3 W; then pro- ° ′ ° ′ (2) A vessel may request the permis- ceeds northeast to 28 45.6 N, 080 25.2 W; ° ′ ° ′ sion of the COTP or a designated rep- then proceeds south to 28 26 N, 080 20.8 resentative to enter the security zone W; then proceeds west back to the baseline at position 28°26′ N, 080°34.4′ W. described in paragraph (c) of this section. If permitted to enter the security (4) Zone (D) is defined by four lati- zone, a vessel must proceed at the min- tude and longitude corner points. Zone D originates from the baseline at posi- imum safe speed and must comply with tion 28°31.6′ N, 080°34′ W; then proceeds the orders of the COTP or a designated east to 28°31.6′ N, 080°20.1′ W; then pro- representative. No vessel or person ceeds south to 28°16.7′ N, 080°23.3′ W; may enter the inner 100-yard portion of then proceeds northwest back to the the security zone closest to the vessel. baseline at position 28°21.6′ N, 080°36.1′ (e) Notice of security zone. The COTP W. will inform the public of the existence (b) Definitions. The following defini- or status of the security zones around tions apply to this section: escorted vessels in the regulated area Designated representative means Coast by Broadcast Notice to Mariners. Coast Guard Patrol Commanders including Guard assets or other Federal, State or Coast Guard coxswains, petty officers local law enforcement agency assets and other officers operating Coast will be clearly identified by lights, ves- Guard vessels, and federal, state, and sel markings, or with agency insignia. local officers designated by or assisting When escorted vessels are moored, the Captain of the Port (COTP) Jack- dayboards or other visual indications sonville in the enforcement of regu- such as lights or buoys may be used. lated navigation areas, safety zones, (f) Contact information. The COTP and security zones. Jacksonville may be reached via phone (c) Regulations. In accordance with at (904) 564–7513. Any on scene Coast the general regulations in § 165.23 of Guard or designated representative as- this part, anchoring, mooring or sets may be reached via VHF–FM chan- transiting in this zone is prohibited un- nel 16. less authorized by the Coast Guard [USCG–2008–0203, 73 FR 28710, May 19, 2008] Captain of the Port Jacksonville or his designated representative.

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(d) Notice of a safety zone. The pro- unless authorized by the Captain of the posed safety zones are temporary in na- Port San Juan. ture and will only be enacted and en- (2) Vessels seeking to enter the secu- forced prior to, and just after a suc- rity zone established in this section cessful launch. The COTP will inform may contact the COTP on VHF channel the public of the existence or status of 16 or by telephone at (787) 289–2041 to the safety zone(s) by Broadcast Notice request permission. to Mariners on VHF–FM channel 16, [USCG–2008–0440, 74 FR 9769, Mar. 6, 2009] Public Notice, on-scene presence, and by the display of a yellow ball from a § 165.777 Security Zone; West Basin, 90-foot pole near the shoreline at ap- Port Canaveral Harbor, Cape Ca- proximately 28°35′00″ N, 080°34′36″ W, naveral, Florida. and from a 90-foot pole near the shore- (a) Regulated area. The following area line at approximately 28°25′18″ N, is a security zone: All waters of the 080°35′00″ W. Coast Guard assets or West Basin of Port Canaveral Harbor other Federal, State, or local law en- northwest of an imaginary line be- forcement assets will be clearly identi- tween two points: 28°24′57.88″ N, fied by lights, markings, or with agen- 080°37′25.69″ W to 28°24′37.48″ N, cy insignia. 080°37′34.03″ W. (e) Contact information. The COTP (b) Requirement. (1) This security zone Jacksonville may be reached by tele- will be activated 4 hours prior to the phone at (904) 564–7513. Any on-scene scheduled arrival of a cruise ship at the Coast Guard or designated representa- West Basin of Port Canaveral Harbor tive assets may be reached on VHF–FM during MARSEC Levels 2 and 3 or when channel 16. the COTP determines there is a specified credible threat during MARSEC [USCG–2008–0411, 74 FR 14728, Apr. 1, 2009] Level 1. This security zone will not be deactivated until the departure of all § 165.776 Security Zone; Coast Guard Base San Juan, San Juan Harbor, cruise ships from the West Basin. The Puerto Rico. zone is subject to enforcement when it is activated. (a) Location. The following area is a (2) Under general security zone regu- security zone: All waters from surface lations of 33 CFR 165.33, no vessel or to bottom, encompassed by an imagi- person may enter or navigate within nary line connecting the following the regulated area unless specifically points, beginning at 18°27′39″ N, authorized by the COTP or the COTP’s 066°06′56″ W; then east to Point 2 at designated representative. Any person 18°27′39″ N, 066°06′52″ W; then south to or vessel authorized to enter the secu- Point 3 at 18°27′35″ N, 066°06′52″ W; then rity zone must operate in strict con- southwest to Point 4 at 18°27′30″ N, formance with any direction given by 066°06′59″ W; then northeast to Point 5 the COTP or a designated representa- at 18°27′25″ N, 066°07′07″ W; then north to tive and leave the security zone imme- Point 6 at 18°27′46″ N, 066°07′10″ W; then diately if so ordered. back to shore at the northwest end of (3) The public will be notified when the CG facility at Point 7 at 18°27′46″ N, the security zone is activated by the 066°07′07″ W. These coordinates are display of a red ball on a 50-foot pole based upon North American Datum located at the east end of Cruise Ship 1983. terminal 10. This red ball will be low- (b) Definitions. As used in this sec- ered when the security zone is deacti- tion— vated. To ensure boaters are given suf- Vessel means every description of ficient knowledge of the security zone, watercraft or other artificial contriv- the Coast Guard will continuously ance used, or capable of being used, as broadcast the activations of the zone a means of transportation on water, ex- and law enforcement vessels will be on cept U.S. Coast Guard or U.S. naval scene to inform boaters that the zone vessels. has been activated. Vessels encroach- (c) Regulations. (1) No person or vessel ing on the security zone will be issued may enter into the security zone de- a Public Notice which clearly states scribed in paragraph (a) of this section the location of the security zone and

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the times it will be enforced. This will a means of transportation on water, ex- be the boater’s first warning prior to cept U.S. Coast Guard or U.S. Naval enforcement action being taken. vessels and servicing pilot and tug (c) Definitions. The following defini- boats. tion applies to this section: (c) Regulations. (1) No person or vessel Designated representative means Coast may enter into the security zone under Guard Patrol Commanders including this section unless authorized by the Coast Guard coxswains, petty officers Captain of the Port San Juan. and other officers operating Coast 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. (d) Effective period. This section is ef- § 165.778 Security Zone; Port of Maya- fective on April 29, 2009. guez, Puerto Rico. (a) Security zone. A moving and fixed [USCG–2008–0070, 74 FR 14049, Mar. 30, 2009] security zone is established around all cruise ships entering, departing, moor- § 165.779 Regulated Navigation Area; Holiday Events; Biscayne Bay, ing, or anchoring in the Port of Maya- Miami, FL. guez, Puerto Rico. The regulated area includes all waters from surface to bot- (a) Regulated area. The regulated tom within a 50-yard radius of the ves- navigation area encompasses all waters sel. The zone is activated when a cruise of Biscayne Bay between Julia Tuttle ship on approach to the Port of Maya- and Turkey Point contained within the guez enters within 1 nautical mile of following points: Beginning at Point 1 the Bahia de Mayaguez Range Front in position 25°48′43″ N, 80°08′29″ W; Light located in position 18°13′12″ N thence south to Point 2 in position 067°10′46″ W. The zone is deactivated 25°29′07″ N, 80°10′44″ W; thence south- when a cruise ship departs the Port of west to Point 3 in position 25°25′51″ N, Mayaguez and is no longer within 1 80°12′00″ W; thence west to Point 4 in nautical mile of the Bahia de Maya- position 25°25′51″ N, 80°19′42″ W; thence guez Range Front Light. north to Point 5 in position 25°29′10″ N, (b) Definitions. As used in this sec- 80°20′58″ W; thence north to Point 6 in tion: position 25°37′35″ N, 80°18′28″ W; thence Cruise ship means any vessel over 100 northeast to Point 7 in position gross registered tons, carrying more 25°48′44″ N, 80°11′17″ W; thence back to than 12 passengers for hire. Designated representative means Coast origin. All coordinates are North Guard Patrol Commanders including American Datum 1983. Coast Guard coxswains, petty officers (b) Definitions. (1) The term ‘‘des- and other officers operating Coast ignated representative’’ means Coast Guard vessels and Federal, State, and Guard Patrol Commanders, including local officers designated by or assisting Coast Guard coxswains, petty officers, the Captain of the Port San Juan in and other officers operating Coast the enforcement of the security zone. Guard vessels, and Federal, state, and Vessel means every description of local officers designated by or assisting watercraft or other artificial contriv- the Captain of the Port Miami in the ance used, or capable of being used, as enforcement of the regulated area.

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(2) The term ‘‘Columbus Day’’ means predicted to make landfall at the port the federally recognized holiday occur- within 24 hours. ring annually on the second Monday in (3) Hurricane Port Condition ZULU. October. Set when weather advisories indicate (c) Regulations. All vessels within the that sustained Gale Force winds from a regulated area are required to transit tropical or hurricane force storm are at no more than 15 knots, are subject predicted to make landfall at the port to control by the Coast Guard, and within 12 hours. must follow the instructions of des- (c) Regulations. (1) Hurricane Port Con- ignated representatives. dition YANKEE. All commercial, ocean- (d) Enforcement period. This section going vessels and barges over 500 GT will be in enforced annually on Colum- are prohibited from entering the regu- bus Day weekend, starting at noon on lated areas designated as being in Port the Saturday before Columbus Day Condition YANKEE; within 24 hours of through 2 a.m. on Monday (the Colum- anticipated landfall of gale force winds bus Day holiday); from 9 p.m. Decem- (39 mph) from tropical or hurricane ber 31st until 2 a.m. January 1st; and force storm; or upon the Coast Guard from 7 p.m. until 2 a.m. on the night setting Port Condition YANKEE for in- Fourth of July fireworks are scheduled bound ocean going commercial vessel in Downtown Miami and Key Biscayne. traffic over 500 GT. Oceangoing commercial vessel traffic outbound will be [USCG–2015–0786, 81 FR 37160, June 9, 2016] authorized to transit through the regu- § 165.780 Safety Zone; Marine Safety lated areas until Port Condition ZULU. Unit Savannah Safety Zone for (2) Hurricane Port Condition ZULU. Heavy Weather and other Natural All commercial, oceangoing vessels and Disasters, Savannah Captain of the barges over 500 GT are prohibited from Port Zone, Savannah, GA. entering the regulated areas designated (a) Regulated areas. The following as being in Port Condition ZULU; with- areas are established as safety zones in 12 hours of anticipated landfall of a during the specified conditions: tropical storm or hurricane; or upon (1) Savannah, GA. All waters within the Coast Guard setting Port Condition the Port of Savannah, GA, encom- ZULU, unless written permission is ob- passed within following locations: tained from the Captain of the Port. starting at the demarcation line drawn All ship-to-shore cargo operations across the seaward extremity of the must cease six hours prior to setting Savannah River entrance, and encom- Port Condition Zulu. passing all of the waters of the Savan- (3) Emergency Waterway Restriction for nah River, Savannah GA. Other Disasters. Any natural or other (2) Brunswick, GA. All waters starting disasters that are anticipated to affect at the demarcation line drawn across the COTP Savannah AOR will result in the seaward extremity of the Savannah the prohibition of commercial vessel River entrance, and encompassing all traffic transiting or remaining in any of the waters of the Brunswick River, of the two regulated areas predicted to Brunswick GA. be affected as designated by the COTP (3) All coordinates are North Amer- Savannah. ican Datum 1983. (4) Persons and vessels desiring to (b) Definition. (1) The term ‘‘des- enter, transit through, anchor in, or re- ignated representative’’ means Coast main in the regulated area may con- Guard Patrol Commanders, including tact the Captain of the Port Savannah Coast Guard coxswains, petty officers, via telephone at (912)–247–0073, or a des- and other officers operating Coast ignated representative via VHF radio Guard vessels, and Federal, state, and on channel 16, to request authoriza- local officers designated by or assisting tion. If authorization to enter, transit the Captain of the Port Savannah in through, anchor in, or remain in the the enforcement of the regulated area. regulated area is granted by the Cap- (2) Hurricane Port Condition YANKEE. tain of the Port Savannah or a des- Set when weather advisories indicate ignated representative, all persons and that sustained Gale Force winds from a vessels receiving such authorization tropical or hurricane force storm are must comply with the instructions of

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the Captain of the Port Savannah or a storm are predicted to make landfall at designated representative. the port within 24 hours. (5) Coast Guard Marine Safety Unit (5) Hurricane Port Condition ZULU Savannah will attempt to notify the means condition set when weather maritime community of periods during advisories indicate that sustained gale which these safety zones will be in ef- force winds (39–54 mph/34–47 knots) fect via Broadcast Notice to Mariners from a tropical or hurricane force or by on-scene designated representa- storm are predicted to make landfall at tives. the port within 12 hours. (6) The Coast Guard will provide no- (c) Regulations. (1) Hurricane Port Con- tice of the regulated area via Broadcast dition WHISKEY. All vessel and port fa- Notice to Mariners or by on-scene des- cilities must exercise due diligence in ignated representatives. (7) This regulation does not apply to preparation for potential storm im- authorized law enforcement agencies pacts. Slow-moving vessels may be or- operating within the regulated area. dered to depart to ensure safe avoidance of the incoming storm upon the [USCG–2014–1017, 80 FR 26447, May 8, 2015] anticipation of the setting of Port Con- dition X–RAY. The PHWAG will make § 165.781 Safety Zone; hurricanes and other disasters in Western Florida. recommendations to the Captain of the Port to identify vessels that may need (a) Regulated areas. The following to be diverted to ensure the safety of areas are established as a safety zone the port. Ports and waterfront facili- during the specified conditions: ties shall begin removing all debris and (1) All waters within the Sector St. securing potential flying hazards. Con- Petersburg Captain of the Port zone tainer stacking plans shall be imple- encompassing all navigable waters or mented. Waterfront facilities that, are tributaries between or within unable to reduce container stacking Fenholloway River through height to no more than four high, must Chokoloskee Pass, Florida. submit a container stacking protocol (2) [Reserved] to the Captain of the Port (COTP). (b) Definition. (1) Designated Rep- resentative means Coast Guard Patrol (2) Hurricane Port Condition X–RAY. Commanders including Coast Guard All vessels and port facilities shall en- coxswains, petty officers and other offi- sure that potential flying debris is re- cers operating Coast Guard vessels, and moved or secured. Hazardous materials/ federal, state, and local officers des- pollution hazards must be secured in a ignated by or assisting the COTP, in safe manner and away from waterfront the enforcement of regulated naviga- areas. Facilities shall continue to im- tion areas, safety zones, and security plement container stacking protocol. zones. Containers must not exceed four tiers, (2) Hurricane Port Condition WHISKEY unless previously approved by the means condition set when weather COTP. Containers carrying hazardous advisories indicates sustained gale materials may not be stacked above force winds (39–54 mph/34–47 knots) the second tier. All oceangoing com- from a tropical or hurricane force mercial vessels greater than 500-gross storm are predicted to make landfall at tons must prepare to depart ports and the port within 72 hours. anchorages within Tampa Bay. These (3) Hurricane Port Condition X–RAY vessels shall depart immediately upon means condition set when weather the setting of Port Condition YANKEE. advisories indicates sustained gale During this condition slow-moving ves- force winds (39–54 mph/34–47 knots) sels may be ordered to depart to ensure from a tropical or hurricane force safe avoidance of the incoming storm. storm are predicted to make landfall at A COTP Order will be issued to vessels the port within 48 hours. asked to depart early. COTP orders re- (4) Hurricane Port Condition YANKEE quiring vessel departure will be consid- means condition set when weather ered on a case-by-case basis. Vessels advisories indicate that sustained gale that are unable to depart the port must force winds (39–54 mph/34–47 knots) contact the COTP to request and re- from a tropical or hurricane force ceive permission to remain in port.

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Proof of facility owner/operator ap- of commercial vessel traffic transiting proval is required. Vessels with COTP’s or remaining in the port and/or facility permission to remain in port must im- operations. plement their pre-approved mooring [USCG–2014–0764, 80 FR 36715, June 26, 2015] arrangement. Terminal operators shall prepare to terminate all cargo oper- § 165.782 Safety Zone; restricted visi- ations. The COTP may require addi- bility in Tampa Bay. tional precautions to ensure the safety (a) Regulated areas. The following of the ports and waterways. Coast areas are established as safety zones Guard Port Assessment Teams will be during the specified conditions: deployed to validate implementation of (1) Zone 1 (Interbay) means all navi- Port Condition X–RAY. The COTP will gable waters within a box marked by convene the Port Heavy Weather Advi- the following coordinates: 27°52′56″ N., sory Group (PHWAG) as deemed nec- 82°29′44″ W.; thence to 27°52′50″ N., essary. 82°23′41″ W.; thence to 27°57′27″ N., (3) Hurricane Port Condition YANKEE. 82°23′50″ W. thence to 27°57′19″ N., Affected ports are closed to inbound 82°29′39″ W.. This encompasses all Navi- vessel traffic. All oceangoing commer- gable waterways North of Hillsborough cial vessels greater than 500-gross tons Cut ‘‘C’’ Channel LB ‘‘25’’ (LLNR 23445) must have departed Tampa Bay. Appro- & ‘‘26’’ (LLNR 23450). priate container stacking protocol (2) Zone 2 (East Tampa/Big Bend) must be completed. Terminal operators means all navigable waters within a must terminate all cargo operations box marked by the following coordi- not associated with storm prepara- nates: 27°52′50″ N., 82°23′41″ W.; thence tions: cargo operations associated with to 27°46′36″ N.; 82°24′04″ W.; thence to storm preparations include moving 27°46′29″ N., 82°31′21″ W.; thence to cargo within or off the port for s 27°52′59″ N., 82°31′24″ W. This zone en- ecuring purposes, crane and other port/ compasses all navigable waterways be- facility equipment preparations, and tween Hillsborough Cut ‘‘C’’ Channel similar activities, but do not include LB ‘‘25’’ (LLNR 23445) & ‘‘26’’ (LLNR moving cargo onto the port or vessel 23450) to Cut ‘‘6F’’ (LLNR 22830) Chan- loading/discharging operations unless nel. specifically authorized by the COTP. (3) Zone 3 (Old Tampa Bay) means all All facilities shall continue to operate navigable waters within a box marked in accordance with approved Facility by the following coordinates: 27°46′29″ Security Plans and comply with the re- N., 82°31′21″ W.; 28°01′58″ N., 82°31′39″ W.; quirements of the Maritime Transpor- thence to 28°02′01″ N., 82°43′20″ W.; tation Security Act (MTSA). Draw- thence to 27°46′15″ N., 82°43′24″ W. This bridges may be closed to vessel traffic zone encompasses all navigable water- as early as eight hours prior to the ar- ways between all of Old Tampa Bay to rival of tropical storm force winds. Cut ‘‘6F’’ (LLNR 22830) Channel. Coast Guard Port Assessment Teams (4) Zone 4 (Middle Tampa Bay) means will conduct Port Condition YANKEE all navigable waters within a box validation. The COTP will convene the marked by the following coordinates: Port Heavy Weather Advisory Group 27°46′34″ N., 82°34′04″ W.; thence to (PHWAG), as deemed necessary. 27°38′40″ N., 82°31′54″ W.; thence to (4) Hurricane Port Condition ZULU. 27°44′38″ N., 82°40′44″ W.; thence to All port waterfront operations are sus- 27°46′15″ N., 82°40′46″ W. This zone en- pended, except final preparations that compasses all navigable waterways be- are expressly permitted by the COTP tween Cut ‘‘6F’’ (LLNR 22830) Channel necessary to ensure the safety of the to Tampa Bay ‘‘1C’’ (LLNR 22590). ports and facilities. Coast Guard Port (5) Zone 5 (Lower Tampa Bay/Man- Assessment Teams will conduct final atee) means all navigable waters with- port assessments. in a box marked by the following co- (5) Emergency Restrictions for Other ordinates: 27°44′33″ N., 82°40′37″ W.; Disasters. Any natural or other disas- thence to 27°58′59″ N., 82°40′34″ W.; ters that are anticipated to affect the thence to 27°36′18″ N., 82°38′57″ W.; Sector St. Petersburg Captain of the thence to 27°34′10″ N., 82°34′50″ W.; Port zone will result in the prohibition thence to 27°37′56″ N., 82°31′15″ W. This

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zone encompasses all navigable water- launching of fireworks. Designated rep- ways between Tampa Bay ‘‘1C’’ (LLNR resentatives may reduce the 500-yard 22590) to Sunshine Skyway Bridge. zone based on prevailing conditions and (6) Zone 6 (Mullet Key) means all enforcement needs. navigable waters within a box marked (1) The Coast Guard realizes that by the following coordinates: 27°38′59″ some large scale events, such as those N., 82°40′35″ W.; thence to 27°36′44″ N., with many participants or spectators, 82°44′13″ W.; thence to 27°32′20″ N., or those that could severely restrict 82°44′37″ W.; thence to 27°31′18″ N., navigation or pose a significant hazard, 82°38′59″ W.; thence to 27°34′09″ N., may still require separate special local 82°34′53″ W.; thence to 27°36′15″ N., regulations or safety zones that ad- 82°39′00″ W. This zone encompasses all dress the specific peculiarities of the navigable waterways between the Sun- event. In those situations, the Coast shine Skyway Bridge to Mullet Key Guard will create special local regula- Channel LB ‘‘21’’ (LLNR 22365) & ‘‘22’’ tions or safety zones specifically for (LLNR 22370). the event. Those regulations will su- (7) Zone 7 (Egmont Entrance) means persede the regulations in this section. all navigable waters within the area (2) All firework platforms, structures encompassed by the following coordi- or barges will also have a sign on their nates: 27°36′27″ N., 82°44′14″ W.; thence port and starboard side labeled ‘‘FIRE- to 27°39′46″ N., 82°44′45″ W.; thence to WORKS—STAY AWAY’’. This sign will 27°39′36″ N., 83°05′10″ W.; thence to consist of 10-inch high by 1.5-inch wide 27°32′29″ N., 83°04′50″ W.; thence to red lettering on a white background. 27°32′21″ N., 82°44′42″ W. This zone in- Shore fireworks site that affect navi- cludes the fairway anchorages. gable waterways will display a sign (8) All coordinates are North Amer- with the aforementioned specifica- ican Datum 1983. tions. (b) Definition. (1) Designated Rep- (b) Definitions. resentative means Coast Guard Patrol Designated Representative means Commanders including Coast Guard Coast Guard Patrol Commanders in- coxswains, petty officers and other offi- cluding Coast Guard coxswains, petty cers operating Coast Guard vessels, and officers and other officers operating federal, state, and local officers des- Coast Guard vessels, and federal, state, ignated by or assisting the COTP, in and local officers designated by or as- the enforcement of regulated naviga- sisting the COTP, in the enforcement tion areas, safety zones, and security of regulated navigation areas, safety zones. zones, and security zones. (2) [Reserved] Captain of the Port (COTP) for the (c) Regulations. (1) Vessel should not purpose of this section means the Com- commence an inbound, shift, or out- manding Officer of Coast Guard Sector bound transit during periods where vis- St. Petersburg. ibility is less than one nautical mile Captain of the Port St. Petersburg Zone due to fog or inclement weather. is defined in 33 CFR 3.35–35. (2) The COTP may open or close (c) Regulations. (1) All persons and Tampa Bay or specific zones to vessel vessels are prohibited from entering, traffic described in the regulated areas transiting through, anchoring in, or re- section of this chapter. maining within the regulated area un- [USCG–2014–0764, 80 FR 36716, June 26, 2015] less authorized by the Coast Guard Captain of the Port St. Petersburg or a § 165.783 Safety Zone; firework dis- designated representative. plays in Captain of the Port Zone (2) Persons and vessels desiring to St. Petersburg, Florida. enter, transit through, anchor in, or re- (a) Regulated area. The following area main in the regulated area may con- is established as a safety zone during tact the Captain of the Port St. Peters- the specified conditions: All waters burg via telephone at (727)–824–7506, or within the Sector St. Petersburg COTP a designated representative via VHF Zone up to a 500-yard radius of all fire- radio on channel 16, to request author- work platforms, structures or barges ization. If authorization to enter, tran- during the storage, preparation, and sit through, anchor in, or remain in the

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regulated area is granted by the Cap- tive 30 minutes prior to the intended tain of the Port St. Petersburg or a time of transit. designated representative, all persons (4) Vessels granted permission to and vessels receiving such authoriza- transit must do so in accordance with tion must comply with the instructions the directions provided by the Captain of the Captain of the Port St. Peters- of the Port or his representative to the burg or a designated representative. vessel. (3) The Coast Guard will provide no- (5) To seek permission to transit the tice of the regulated area via Broadcast Safety Zone, the Captain of the Port or Notice to Mariners or by on-scene des- his representative can be contacted via ignated representatives. Fireworks Sector Delaware Bay Command Center platforms, piers, and structures will (215) 271–4940. also have signs to notify the public of (6) This section applies to all vessels the danger and to keep away. wishing to transit through the Safety (4) This section does not apply to au- Zone except vessels that are engaged in thorized law enforcement agencies op- the following operations: erating within the regulated area. (i) Enforcing laws; [USCG–2014–0764, 80 FR 36716, June 26, 2015] (ii) Servicing aids to navigation; and (iii) Emergency response vessels. § 165.784 Safety Zone, Schuylkill River; (7) No person or vessel may enter or Philadelphia, PA remain in a safety zone without the (a) Location. The following area is a permission of the Captain of the Port; safety zone: All waters of the Schuyl- (8) Each person and vessel in a safety kill River in Philadelphia, PA, inside a zone shall obey any direction or order boundary described as originating from of the Captain of the Port; 39°54′50″ N., 075°12′12″ W.; then West to (9) No person may board, or take or 39°54′50″ N., 075°12′15″ W.; then North- place any article or thing on board, east to 39°55′10″ N., 075°12′05″ W.; the any vessel in a safety zone without the East to 39°55′10″ N., 075°12′04″ W.; then permission of the Captain of the Port; back to 39°54′50″ N., 075°12′12″ W. and (b) Enforcement period. (1) This regu- (10) No person may take or place any lation is enforced during times when a article or thing upon any waterfront barge having a beam (width) of up to 80 facility in a safety zone without the feet is moored at the Deloach dock of permission of the Captain of the Port. Philadelphia Energy Solutions near (d) Definitions. The Captain of the Point Breeze. Port means the Commander of Sector (2) Prior to commencing enforcement Delaware Bay or any Coast Guard com- of this regulation, the COTP or des- missioned, warrant, or petty officer ignated on-scene patrol personnel will who has been authorized by the Cap- notify the public whenever the regula- tain of the Port to act on his behalf. tion is being enforced, to include dates (e) Enforcement. The U.S. Coast Guard and times. The means of notification may be assisted in the patrol and en- may include, but are not limited to, forcement of the Safety Zone by Fed- Broadcast Notice to Mariners, Local eral, State, and local agencies. Notice to Mariners, Marine Safety In- [USCG–2015–0094, 80 FR 52626, Sept. 1, 2015] formation Bulletins, or other appropriate means. EIGHTH COAST GUARD DISTRICT (c) Regulations. (1) All persons are required to comply with the general reg- § 165.T08–0994 Security Zone; Mis- ulations governing safety zones in 33 sissippi River, New Orleans, LA. CFR 165.23. (a) Location. Lower Mississippi River, (2) All persons and vessels transiting from mile marker 90.0 to mile marker through the Safety Zone must be au- 106.0 above head of passes, extending thorized by the Captain of the Port or 100 yards in all directions of escorted his representative. vessels. (3) All persons or vessels wishing to (b) Effective date. This rule is effec- transit through the Safety Zone must tive in the FEDERAL REGISTER on Feb- request authorization to do so from the ruary 10, 2014 and effective with actual Captain of the Port or his representa- notice for purposes of enforcement on

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December 31, 2013 through April 14, New Orleans and designated personnel. 2014. Designated personnel include commis- (c) Periods of enforcement. This rule sioned, warrant and petty officers of will be enforced during vessel escorts the U.S. Coast Guard, and local, state, performed by Coast Guard assets or and federal law enforcement officers on other Federal, State or local law en- clearly identified law enforcement forcement agency assets clearly identi- agency vessels. fied by lights, vessel markings, or (4) Informational broadcasts. The Cap- agency insignia. The Captain of the tain of the Port or a designated rep- Port (COTP) New Orleans or a COTP resentative will inform the public New Orleans designated representative through marine safety information bul- will inform the public through broad- letins or broadcast notices to mariners cast notices to mariners of security of the enforcement of the security zone enforcement periods as well as zone. any changes that may occur. (d) Regulations. (1) In accordance with [USCG–2013–0994, 79 FR 7587, Feb. 10, 2014] the general regulations in § 165.33 of this part, remaining in, entry into, or § 165.801 Annual fireworks displays and other events in the Eighth transiting within this security zone is Coast Guard District requiring safe- prohibited. Section § 165.33 also con- ty zones. tains other general requirements. (2) Vessels requiring deviation from The Coast Guard is establishing safe- this rule must request permission from ty zones for the annual fireworks dis- the COTP New Orleans through the on- plays and other events requiring safety scene Coast Guard or other agency zones listed in the table to § 165.801. asset, via VHF Ch. 67. (a) In accordance with the general (i) Requests for deviation may in- regulations in § 165 of this part, entry clude requests to enter, remain in, or into this zone is prohibited unless au- transit through certain parts of the se- thorized by the Captain of the Port or curity zone. If a deviation from the a designated representative. rule results in permission to enter, re- (b) Persons or vessels desiring to main in, or transit through the secu- enter into or passage through the zone rity zone, all vessels shall operate at must request permission from the Cap- the minimum speed necessary to maintain of the Port or a designated rep- tain a safe course, unless required to resentative. maintain speed by the Navigation (c) If permission is granted, all per- Rules, and shall proceed as directed by sons and vessels shall comply with the the Coast Guard. instructions of the Captain of the Port (ii) If authorized to operate within or designated representative. Des- the security zone, no vessel or person is ignated representatives include com- allowed within 50 yards of the escorted missioned, warrant, and petty officers vessel. A specific request for deviation of the U.S. Coast Guard. from this rule to operate within 50 (d) Informational broadcasts: The Cap- yards of the escorted vessels must be tain of the Port or a designated rep- requested and will be considered on a resentative will inform the public case-by-case basis by the COTP New through broadcast notices to mariners Orleans. of the enforcement period for the safe- (3) All persons and vessels shall com- ty zone as well as any changes in the ply with the instructions of the COTP planned schedule.

TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES

Sector Ohio Valley Date Sponsor/name location Safety zone

1. Multiple days—April through Pittsburgh Pirates/Pittsburgh Pittsburgh, PA ...... Allegheny River, Mile 0.2–0.9 November. Pirates Fireworks. (Pennsylvania). 2. Multiple days—April through Cincinnati Reds/Cincinnati Cincinnati, OH ...... Ohio River, Mile 470.1–470.4; November. Reds Season Fireworks. extending 500 ft. from the State of Ohio shoreline (Ohio).

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TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES— Continued

Sector Ohio Valley Date Sponsor/name location Safety zone

3. 2 days—Third Friday and Thunder Over Louisville/Thun- Louisville, KY ...... Ohio River, Mile 602.0–606.0 Saturday in April. der Over Louisville. (Kentucky). 4. Last Sunday in May ...... Friends of Ironton ...... Ironton, OH ...... Ohio River, Mile 326.7–327.7 (Ohio). 5. 1 day—A Saturday in July .... Paducah Parks and Recreation Paducah, KY ...... Ohio River, Mile 934.0–936.0 Department/Cross River (Kentucky). Swim. 6. 1 day—First or second week- Bellaire All-American Days ...... Bellaire, OH ...... Ohio River, Mile 93.5–94.5 end in June. (Ohio). 7. 2 days—Second weekend of Rice’s Landing Riverfest ...... Rices Landing, PA ...... Monongahela River, Mile 68.0– June. 68.8 (Pennsylvania). 8. 1 day—First Sunday in June West Virginia Symphony Or- Charleston, WV ...... Kanawha River, Mile 59.5–60.5 chestra/Symphony Sunday. (West Virginia). 9. 1 day—Saturday before 4th Riverfest Inc./Saint Albans St. Albans, WV ...... Kanawha River, Mile 46.3–47.3 of July. Riverfest. (West Virginia). 10. 1 day—4th July ...... Greenup City ...... Greenup, KY ...... Ohio River, Mile 335.2–336.2 (Kentucky). 11. 1 day—4th July ...... Middleport Community Asso- Middleport, OH ...... Ohio River, Mile 251.5–252.5 ciation. (Ohio). 12. 1 day—4th July ...... People for the Point Party in South Point, OH ...... Ohio River, Mile 317–318 the Park. (Ohio). 13. 1 day—Last weekend in Riverview Park Independence Louisville, KY ...... Ohio River, Mile 618.5–619.5 June or first weekend in July. Festival. (Kentucky). 14. 1 day—Third or fourth week Upper Ohio Valley Italian Herit- Wheeling, WV ...... Ohio River, Mile 90.0–90.5 in July. age Festival/Upper Ohio Val- (West Virginia). ley Italian Heritage Festival Fireworks. 15. 1 day—4th or 5th of July .... City of Cape Girardeau July Cape Girardeau, MO ...... Upper Mississippi River, Mile 4th Fireworks Show on the 50.0–52.0. River. 16. 1 day—Third or fourth of Harrah’s Casino/Metropolis Metropolis, IL ...... Ohio River, Mile 942.0–945.0 July. Fireworks. (Illinois). 17. 1 day—During the first week Louisville Bats Baseball Club/ Louisville, KY ...... Ohio River, Mile 603.0–604.0 of July. Louisville Bats Firework (Kentucky). Show. 18. 1 day—July 4th ...... Waterfront Independence Fes- Louisville, KY ...... Ohio River, Mile 603.0–604.0 tival/Louisville Orchestra Wa- (Kentucky). terfront 4th. 19. 1 day—During the first week Celebration of the American Owensboro, KY ...... Ohio River, Mile 755.0–759.0 of July. Spirit Fireworks/All American (Kentucky). 4th of July. 20. 1 day—During the first week Riverfront Independence Fes- New Albany, IN ...... Ohio River, Mile 602.0–603.5 of July. tival Fireworks. (Indiana). 21. 1 day—July 4th ...... Shoals Radio Group/Spirit of Florence, AL ...... Tennessee River, Mile 255.0– Freedom Fireworks. 257.0 (Alabama). 22. 1 day—Saturday before July Town of Cumberland City/ Cumberland City, TN ...... Cumberland River, Mile 103.0– 4th. Lighting up the Cumberlands 105.0 (Tennessee). Fireworks. 23. 1 day—July 4th ...... Knoxville office of Special Knoxville, TN ...... Tennessee River, Mile 647.0– Events/Knoxville July 4th 648.0 (Tennessee). Fireworks. 24. 1 day—July 4th ...... NCVC/Music City July 4th ...... Nashville, TN ...... Cumberland River, Mile 190.0– 192.0 (Tennessee). 25. 1 day—Saturday before July Grand Harbor Marina/Grand Counce, TN ...... Tennessee-Tombigbee Water- 4th, or Saturday after July 4th. Harbor Marina July 4th Cele- way, Mile 450.0–450.5 (Ten- bration. nessee). 26. 1 day—Second Saturday in City of Bellevue, KY/Bellevue Bellevue, KY ...... Ohio River, Mile 468.2–469.2 July. Beach Park Concert Fire- (Kentucky and Ohio). works. 27. 1 day—Sunday before Cincinnati Bell, WEBN, and Cincinnati, OH ...... Ohio River, Mile 469.2–470.5 Labor Day. Proctor and Gamble/ (Kentucky and Ohio) and Riverfest. Licking River Mile 0.0–3.0 (Kentucky). 28. 1 day—July 4th ...... Summer Motions Inc./Summer Ashland, KY ...... Ohio River, Mile 322.1–323.1 Motion. (Kentucky). 29. 1 day—Last weekend in City of Point Pleasant/Point Point Pleasant, WV ...... Ohio River, Mile 265.2–266.2, June or First weekend in July. Pleasant Sternwheel Fire- Kanawha River Mile 0.0–0.5 works. (West Virginia).

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TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES— Continued

Sector Ohio Valley Date Sponsor/name location Safety zone

30. 1 day—July 3rd or 4th ...... City of Charleston/City of Charleston, WV ...... Kanawha River, Mile 58.1–59.1 Charleston Independence (West Virginia). Day Celebration. 31. 1 day—July 4th ...... Civic Forum/Civic Forum 4th of Portsmouth, OH ...... Ohio River, Mile 355.5–356.5 July Celebration. (Ohio). 32. 1 day—Second Saturday in Guyasuta Days Festival/Bor- Pittsburgh, PA ...... Allegheny River, Mile 005.5– August. ough of Sharpsburg. 006.0 (Pennsylvania). 33. 1 day—Second or third Pittsburgh Foundation/Bob Pittsburgh, PA ...... Ohio River, Mile 0.0–0.5 week of August. O’Connor Cookie Cruise. (Pennsylvania). 34. 1 day—Second full week of PA FOB Fireworks Display ...... Pittsburgh, PA ...... Allegheny River, Mile 0.8–1.0 August. (Pennsylvania). 35. 1 day—Third week of Au- Beaver River Regatta Fire- Beaver, PA ...... Ohio River, Mile 25.2–25.8 gust. works. (Pennsylvania). 36. 1 day—December 31 ...... Pittsburgh Cultural Trust/ Pittsburgh, PA ...... Allegheny River Mile, 0.5–1.0 Highmark First Night Pitts- (Pennsylvania). burgh. 37. 1 day—Friday before Pittsburgh Downtown Partner- Pittsburgh, PA ...... Allegheny River, Mile 0.0–1.0 Thanksgiving. ship/Light Up Night. (Pennsylvania). 38. Multiple days—April through Pittsburgh Riverhounds/ Pittsburgh, PA ...... Monongahela River, Mile 0.22– November. Riverhounds Fireworks. 0.77 (Pennsylvania). 39. 3 days—Second or third Hadi Shrine/Evansville Free- Evansville, IN ...... Ohio River, Miles 791.0–795.0 weekend in June. dom Festival Air Show. (Indiana). 40. 1 day—Second or third Sat- Friends of the Festival, Inc./ Chattanooga, TN ...... Tennessee River, Mile 463.5– urday in June, the last day of Riverbend Festival Fireworks. 464.5 (Tennessee). the Riverbend Festival. 41. 2 days—Second Friday and City of Newport, KY/Italianfest Newport, KY ...... Ohio River, Miles 469.6–470.0 Saturday in June. (Kentucky and Ohio). 42. 1 day—Last Saturday in City of Aurora/Aurora Fire- Aurora, IN ...... Ohio River Mile, 496.7; 1400 ft. June. cracker Festival. radius from the Consolidated Grain Dock located along the State of Indiana shoreline at (Indiana and Ken- tucky). 43. 1 day—Second weekend in City of St. Albans/St. Albans St. Albans, WV ...... Kanawha River, Mile 46.3–47.3 June. Town Fair. (West Virginia). 44. 1 day—Last week of June PUSH Beaver County/Beaver Beaver, PA ...... Ohio River, Mile 25.2–25.6 or first week of July. County Boom. (Pennsylvania). 45. 1 day—4th of July (Rain Monongahela Area Chamber Monongahela, PA ...... Monongahela River, Mile date—July 5th). of Commerce/Monongahela 032.0–033.0 (Pennsylvania). 4th of July Celebration. 46. 1 day—Saturday Third or Oakmont Yacht Club/Oakmont Oakmont, PA ...... Allegheny River, Mile 12.0– Fourth full week of July (Rain Yacht Club Fireworks. 12.5 (Pennsylvania). date—following Sunday). 47. 1 day—Week of July 4th ..... Three Rivers Regatta Fire- Pittsburgh, PA ...... Ohio River, Mile 0.0–0.5, Alle- works/EQT 4th of July Cele- gheny River, Mile 0.0–0.5, bration. and Monongahela River, Mile 0.0–0.5 (Pennsylvania). 48. 1 day—3rd or 4th of July .... City of Paducah, KY ...... Paducah, KY ...... Ohio River, Mile 934.0–936.0; Tennessee River, mile 0.0– 1.0 (Kentucky). 49. 1 day—3rd or 4th of July .... City of Hickman, KY ...... Hickman, KY ...... Lower Mississippi River, Mile 921.0–923.0 (Kentucky). 50. 1 day—During the first week Evansville Freedom Celebra- Evansville, IN ...... Ohio River, Miles 791.0–795.0 of July. tion/4th of July Fireworks. (Indiana). 51. 1 day—One of the first two Madison Regatta, Inc./Madison Madison, IN ...... Ohio River, Miles 555.0–560.0 weekends in July. Regatta. (Indiana). 52. 1 day—July 4th ...... Cities of Cincinnati, OH and Newport, KY ...... Ohio River, Miles 469.6–470.2 Newport, KY/July 4th Fire- (Kentucky and Ohio). works. 53. 2 days—Second weekend Marietta Riverfront Roar/Mari- Marietta, OH ...... Ohio River, Mile 171.6–172.6 in July. etta Riverfront Roar. (Ohio). 54. 1 day—1st weekend in July Gallia County Chamber of Gallipolis, OH ...... Ohio River, Mile 269.5–270.5 Commerce/Gallipolis River (Ohio). Recreation Festival. 55. 1 day—July 4th ...... Kindred Communications/Dawg Huntington, WV ...... Ohio River, Mile 307.8–308.8 Dazzle. (West Virginia).

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TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES— Continued

Sector Ohio Valley Date Sponsor/name location Safety zone

56. Multiple days—September University of Pittsburgh Athletic Pittsburgh, PA ...... Ohio River mile 0.0–0.1, through January. Department/University of Monongahela River mile Pittsburgh Fireworks. 0.0–0.1, Allegheny River mile 0.0–0.25 (Pennsyl- vania). 57. Sunday, Monday, or Thurs- Pittsburgh Steelers Fireworks .. Pittsburgh, PA ...... Allegheny River mile 0.0–0.25, day from August through Feb- Ohio River mile 0.0–0.1, ruary. Monongahela River mile 0.0–0.1. 58. 3 days—Third week in Sep- Wheeling Heritage Port Wheeling, WV ...... Ohio River, Mile 90.2–90.7 tember. Sternwheel Festival Founda- (West Virginia). tion/Wheeling Heritage Port Sternwheel Festival. 59. 1 day—Second Saturday in Ohio River Sternwheel Festival Marietta, OH ...... Ohio River, Mile 171.5–172.5 September. Committee fireworks. (Ohio). 60. 1 day—Second weekend of Leukemia and Lymphoma So- Nashville, TN ...... Cumberland River, Mile 190.0– October. ciety/Light the Night Walk 192.0 (Tennessee). Fireworks. 61. 1 day—Saturday during the West Virginia Motor Car Fes- Charleston, WV ...... Kanawha River, Mile 58–59 first week of October. tival. (West Virginia). 62. 1 day—Friday before Kittanning Light Up Night Fire- Kittanning, PA ...... Allegheny River, Mile 44.5– Thanksgiving. work Display. 45.5 (Pennsylvania). 63. 1 day—First week in Octo- Leukemia & Lymphoma Soci- Pittsburgh, PA ...... Ohio River, Mile 0.0–0.4 ber. ety/Light the Night. (Pennsylvania). 64. 1 day—Friday before Duquesne Light/Santa Spec- Pittsburgh, PA ...... Monongahela River, Mile 0.00– Thanksgiving. tacular. 0.22, Allegheny River, Mile 0.00–0.25, and Ohio River, Mile 0.0–0.3 (Pennsylvania). 65. 1 day—During the first two City of Maysville Fireworks ...... Maysville, KY ...... Ohio River, Mile weeks of July. 408–409 (Kentucky). 66. 1 day—Saturday before Me- Venture Outdoors/Venture Out- Pittsburgh, PA ...... Allegheny River, Mile 0.0–0.25; morial Day. doors Festival. Monongahela River, Mile 0.0–0.25 (Pennsylvania). 67. 1 day—Third Saturday in Pittsburgh Irish Rowing Club/ Pittsburgh, PA ...... Ohio River, Mile 7.0–9.0 July. St. Brendan’s Cup Currach (Pennsylvania). Regatta. 68. 1 day—July 4th ...... Wellsburg 4th of July Com- Wellsburg, WV ...... Ohio River, Mile 73.5–74.5 mittee/Wellsburg 4th of July (West Virginia). Freedom Celebration. 69. 1 day—During the first week Newburgh Fireworks Display ... Newburgh, IN ...... Ohio River, Mile 777.3–778.3 of July. (Indiana). 70. 3 days—Third or Fourth Henderson Tri-Fest/Henderson Henderson, KY ...... Ohio River, Mile 803.5–804.5 weekend in April. Breakfast Lions Club. (Kentucky).

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Safety zone ONES Z AFETY 791.2. 854.2. 583.0. 872.0. 772.8. 456.0. 283.0. 615.5. (Wisconsin). 635.7. 854.5. 203.0. 404.5. 482.7. S ake of the Ozarks mile marker 025.8 to 026.2. ake of the Ozarks mile marker 013.8 to 014.2...... Upper Mississippi River mile marker 482.0 to ...... Upper Mississippi River mile marker 790.8 to ECURRING rks, MO Lake of the Ozarks mile marker 025.8 to 026.2. R ...... Illinois River mile marker 162.5 to 162.1. rles, MO ...... Missouri River mile marker 028.2 to 028.8. Mississippi sse, WIsse, ...... Upper Mississippi River mile marker 697.5 to 698.5 Sector Upper River location Minneapolis, MN...... Minneapolis, Upper Mississippi River mile marker 853.2 to IA...... Dubuque, Upper Mississippi River mile marker 581.0 to MN...... Champlin, Upper Mississippi River mile marker 870.5 to Lake of the Ozarks, MOMN...... Lake of the Ozarks mile marker 025.8 to 026.2. City, Lake Upper Mississippi River mile marker 772.4 to IA...... Muscatine, Upper Mississippi River mile marker 455.0 to MO...... Louisiana, Upper Mississippi River mile marker 282.0 to IAGuttenberg, ...... Upper Mississippi River mile marker 615.0 to WI...... Chien, du Prairie Upper Mississippi River mile marker 635.2 to MN...... Minneapolis, Upper Mississippi River mile marker 853.5 to Kansas City, KS ...... Missouri River mile marker 422.0 to 424.5. IL...... Alton, Upper Mississippi River mile marker 202.5 to IA...... Burlington, Upper Mississippi River mile marker 403.5 to Lake of the Ozarks, MO Lake of the Ozarks mile marker 013.8 to 014.2. NNUAL AND A IVER R ISSISSIPPI M PPER U ECTOR Fireworks. show. play. works. July Fireworks. Muscatine 4th of July. 4th Fireworks. Stripes River Day. rie du Chien Area Chamber Fireworks. White, and Boom Minneapolis. Festival. Festival. Days. sons Memorial Day Fireworks. Friends of the River Kansas City/KC Riverfest ...... Kansas City, KS ...... Missouri River mile marker 364.8 to 365.2. Hudson Boosters/Hudson Booster Days ...... Hudson, WI ...... St. Croix River mile marker 016.8 to 017.2. § 165.801—S OF 2 ABLE T Date Sponsor/name July. July. 1. 1 day—4th weekend of July ...... Marketing Minneapolis 2. 1 day—4th of July weekend ...... LLC/Target Aquatennial Radio Dubuque/Radio Dubuque Fireworks and Air 3. 1 day—2nd weekend of June ...... City of Champlin/Father Hennepin 4. 1 day—4th of July weekend Fireworks Dis- ...... Downtown Main Street/Mississippi Alumination ...... 5. 1 day—4th of July weekend ...... Red Wing, MN . 6. 1 day—1st weekend of September Tan-Tar-A Resort/Tan-Tar-A 4th of July Fireworks ...... 7. 1 day—Last Sunday in May Tan-Tar-A Resort/Tan-Tar-A Labor Day Fireworks ...... Lake of the Oza Tan-Tar-A Resort/Tan-Tar-A weekend Lake of the Ozarks, MOJuly of day—4th 1 ...... Memorial 8. Day fire- Lake City Chamber of Commerce/Lake 4th L 9. 1 day—4th of July weekend ...... Greater Muscatine 10. 1 day—Last weekend in June/First Chamber of 11. 1 day—4th of July weekend Commerce/ ...... Louisiana Chamber of Commerce/Louisiana 12. 1 day—4th of July weekend July ...... Guttenberg Development and 13. 4 days—1st or 2nd week of July Tourism/Stars and ...... Riverfest, Inc./La Crosse Riverfest ...... Julyin weekend day—2nd 1 14...... La Cro Prairie du Chien Area Chamber of Commerce/Prai- 15. 1 day—4th of July weekend ...... 16. 1 day—Last weekend in June/First JMP Radio/Red White and Boom Peoria ...... Peoria, IL ... 17. 2 days—4th of July weekend ...... 18. 1 day—4th of July weekend City of St. Charles/St. Charles Riverfest ...... Minneapolis St. Cha Park 19. 1 day—4th of July weekend ...... and Recreation Davenport One Chamber/Red White and Boom Board/Red, .....20. 2 days—3rd weekend of July ...... Davenport, IA ...... Amelia Earhart Festival Committee/Amelia Earhart 21. 1 day—4th of July weekend ...... Alton Exposition Commission/Mississippi Fireworks 22. 1 day—3rd Sunday in June ...... Burlington Steamboat Days/Burlington 23. 1 day—Last Sunday in May Steamboat ...... Lodge of the Four Seasons/Lodge Sea- 24. 1 day—First weekend of September ...... Lodge of the Four Seasons/Labor Day Fireworks ... Lake of the Ozarks, MO L

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TABLE 3 OF § 165.801—SECTOR HOUSTON-GALVESTON ANNUAL AND RECURRING SAFETY ZONES

Sector Houston-Galveston Date Sponsor/name location Safety zone

1. 1st Saturday (Rain date is RIVERFEST Fireworks Dis- Neches River, Port Neches, All waters within a 500-yard 1st Sunday) in May. play/Port Neches Chamber TX. radius of the fireworks of Commerce, Port Neches, barge anchored in approxi- TX. mate position 29°59′51″ N 093°57′06″ W (NAD 83). 2. 2nd Saturday in May ...... Contraband Days Fireworks Lake Charles, Lake Charles, All waters within a 1000-foot Display/Contraband Days LA. radius of the fireworks Festivities, Inc. barge anchored in approximate position 30°13′39″ N, 093°13′42″ W, Lake Charles, LA (NAD 83). 3. July 4th night and every Fri- Kemah Board Walk Summer Clear Lake, TX ...... Clear Creek Channel, includ- day night in June and July. Season Fireworks Display, ing the area within an 840- Kemah, TX. foot radius of the fireworks barge on the south side of the channel, 100 ft off of Kemah Boardwalk in Gal- veston, TX and an Rec- tangle extending 500 feet east, 500 feet west; 1000 feet north, and 1000 feet south, centered around fireworks barge at Light 19 on Clear Lake, Houston, TX. 4. July 4th ...... Sylvan Beach Fireworks ...... La Porte, TX ...... Rectangle Extending 250 feet east, 250 feet west; 1000 feet north, and 1000 feet south, centered around fireworks barge located at Syl- van Beach, Houston, TX. 5. July 4th (Rain date July 5th) City of Beaumont 4th of July Neches River at Riverfront All waters of the Neches Celebration/City of Beau- Park, Beaumont, TX. River, shoreline to shore- mont, TX. line, from the Trinity Indus- tries dry dock to the northeast corner of the Port of Beaumont’s dock No. 5. 6. 1st Saturday in December .. Christmas Fireworks Display/ Lake Charles, Lake Charles, All waters within a 1000-foot City of Lake Charles, LA. LA. radius of the fireworks barge anchored in approximate position 30°13′39″ N, 093°13′42″ W, Lake Charles, LA (NAD 83). 7. 4th of July ...... Red, White, Blue and You Lake Charles, LA ...... All waters within a 1000-foot Fireworks Display/City of radius of the fireworks Lake Charles. barge anchored in approximate position 30°13′39″ N, 093°13′42″ W, Lake Charles, LA (NAD 83).

TABLE 4 OF § 165.801—SECTOR CORPUS CHRISTI ANNUAL AND RECURRING SAFETY ZONES

Date Sponsor/name Sector Corpus Christi location Safety zone

1. Memorial Day Weekend ...... South Padre Island Conven- Lower Laguna Madre, South All waters contained within a tion & Visitors Bureau/La- Padre Island, TX. 1000-ft radius of the fire- guna Madre Memorial Day works display barge Firework. moored at approximate location 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX. 2. 2nd, 3rd or 4th Monday in Cameron County Clerk’s Of- Lower Laguna Madre, South All waters contained within a June. fice/Texas District Court Padre Island, TX. 1,000-ft radius of the fire- Clerk′s Convention Fire- works display barge works. moored at approximate position 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX.

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TABLE 4 OF § 165.801—SECTOR CORPUS CHRISTI ANNUAL AND RECURRING SAFETY ZONES— Continued

Date Sponsor/name Sector Corpus Christi location Safety zone

3. July 4th Rain dates of July City of Port Aransas/Port Corpus Christi Ship Chan- All waters contained within a 5th and July 6th. Aransas 4th of July Fire- nel—Port Aransas, TX. 600-ft radius of a point half- works. way between Port Aransas Harbor Day Beacon 2 to Port Aransas Ferry Landing in the Corpus Christi Ship Channel, Port Aransas, TX. 4. July 4th Rain dates of July Buccaneer Commission/4th of USS Lexington/Corpus Chris- All waters contained within a 5th and July 6th. July Big Bang Fireworks. ti, TX. 1,000-ft radius from the bow of the USS Lexington located at approximate position 27°48′50″ N 097°23′18.2″ W, Corpus Christi, TX. 5. July 4th Rain dates of July City of Port O’Connor Cham- King Fisher Park, Port O’Con- All waters contained within a 5th and July 6th. ber of Commerce/4th of nor, TX. 1,120-ft radius of the fur- July Fireworks. thest extent of the King Fisher Pier located at approximate position 28°27′15.6″ N 096°24′11.9″ W, Port O′Connor, TX. 6. July 4th Rain dates of July City of Point Comfort/4th of Bayfront Park, Point Comfort, All waters contained within a 5th and July 6th. July Fireworks. TX. 1,000-ft radius of Bayfront Park located at approximate position 28°40′52.8″ W 096°33′49.2″ W, Point Comfort, TX. 7. July 4th Rain dates of July City of Rockport/Wendell Rockport Beach Park/Rock- All waters contained within a 5th and July 6th. Family Fireworks. port, TX. 700-ft radius of the northeast point of Rockport Beach Park located at approximate position 28°02′05.2″ N 097°02′048″ W, Rockport, TX. 8. Last Saturday in September Bayfest, Inc./Bayfest Fire- USS Lexington/Corpus Chris- All waters contained within a works. ti, TX. 1,000-ft radius from the bow of the USS Lexington located at approximate position 27°48′50″ N 097°23′18.2″ W, Corpus Christi, TX. 9. Friday nights from May thru Boys & Girls Club of Laguna Lower Laguna Madre, South All waters contained within a September. Madre/Fireworks over the Padre Island, TX. 1,000-ft radius of the fire- Bay. works display barge moored at approximate position 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX. 10. Labor Day weekend ...... Laguna Madre Education Lower Laguna Madre, South All waters contained within a Foundation/Laguna Madre Padre Island, TX. 1,000-ft radius of the fire- Labor Day Fireworks. works display barge moored at approximate position 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX. 11. 1st or 2nd Friday and Sat- City of Rockport/Rockport Rockport Beach Park/Rock- All waters contained within a urday in December. ‘‘Tropical’’ Christmas Fes- port, TX. 700-ft radius of the north- tival Fireworks. east point of Rockport Beach Park located at approximate position 28°02′05.2″ N 097°02′048″ W, Rockport, TX. 12. December 30th, 31st or South Padre Island Conven- Lower Laguna Madre, South All waters contained within a Jan 1st. tion & Visitors Bureau/SPI Padre Island, TX. 1,000-ft radius of the fire- New Year′s Fireworks. works display barge moored at approximate position 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX.

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TABLE 4 OF § 165.801—SECTOR CORPUS CHRISTI ANNUAL AND RECURRING SAFETY ZONES— Continued

Date Sponsor/name Sector Corpus Christi location Safety zone

13. Odd Week Fridays from Corpus Christi Hooks Base- Corpus Christi Ship Channel, All waters contained within a April thru September. ball Team/Friday Night Fire- Corpus Christi, TX. 1,000-ft radius of the Cor- works. pus Christi Hooks stadium parking lot located at approximate position 27°48′39.2″ N 097°23′55.2″ W, Corpus Christi, TX. 14. July 4th Rain dates of July City of South Padre Island/ Lower Laguna Madre, South All waters contained within a 5th and July 6th. South Padre Island July 4th Padre Island, TX. 1,000-ft radius of the fire- Fireworks. works display barge moored at approximate position 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX.

TABLE 5 OF § 165.801—SECTOR NEW ORLEANS ANNUAL AND RECURRING SAFETY ZONES

Date Sponsor/name Sector New Orleans location Safety zone

1. Monday before Mardi Gras Riverwalk Marketplace/Lundi Mississippi River, New Orle- Mississippi River mile marker Gras Fireworks Display. ans, LA. 93.0 to 96.0, New Orleans, LA. 2. July 3rd ...... St. John the Baptist/Inde- Mississippi River, Reserve, Mississippi River mile marker pendence Day celebration. LA. 175.0 to 176.0, Reserve, LA. 3. July 4th ...... Riverfront Marketing Group/ Mississippi River, New Orle- Mississippi River mile marker Independence Day Cele- ans, LA. 94.3 to 95.3, New Orleans, bration. LA. 4. July 4th ...... Boomtown Casino/Independ- Harvey Canal, Harvey, LA ..... Harvey Canal mile marker 4.0 ence Day Celebration. to 5.0, Harvey, LA. 5. 4th of July ...... Independence Day Celebra- Morgan City, LA ...... Morgan City Port Allen Route tion, Main Street 4th of July mile marker 0.0 to 1.0, Mor- (Fireworks Display). gan City, LA. 6. July 4th ...... WBRZ—The Advocate 4th of Baton Rouge, LA ...... In the vicinity of the USS July Fireworks Display. Kidd, the Lower Mississippi River from mile marker 228.8 to 230.0, Baton Rouge, LA. 7. The Saturday before July Independence Day Celebra- Grand Isle, LA ...... 500 Foot Radius from the 4th or on July 4th if that day tion/Bridge Side Marine. Pier located at Bridge Side is a Saturday. Marine, 2012 LA Highway 1, Grand Isle, LA (Lat: 29°12′14″ N; Long: 090°02′28.47″ W). 8. 1st Weekend of September LA Shrimp and Petroleum Morgan City, LA ...... Atchafalaya River at mile Festival Fireworks Display, marker 118.5, Morgan City, LA Shrimp and Petroleum LA. Festival and Fair Associa- tion. 9. 1st Weekend in December Office of Mayor-President/ Baton Rouge, LA ...... Located on Left Descending (Usually that Friday, subject Downtown Festival of Bank, Lower Mississippi to change due to weather). Lights. River north of the USS Kidd, at mile marker 230, Baton Rouge, LA. 10. December 31st ...... Crescent City Countdown Mississippi River, New Orle- Mississippi River mile marker Club/New Year’s Celebra- ans, LA. 93.5–96.5, New Orleans, tion. LA. 11. December 31st ...... Boomtown Casino/New Harvey Canal, Harvey, LA ..... Harvey Canal mile marker 4.0 Year’s Celebration. to 5.0, Harvey, LA. 12. July 4th ...... USS Kidd Veterans Memorial/ Baton Rouge, LA ...... In the vicinity of the USS Fourth of July Star-Span- Kidd, the Lower Mississippi gled Celebration. River from mile marker 228.8 to 230.0, Baton Rouge, LA.

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TABLE 6 OF § 165.801—SECTOR LOWER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES

Sector Lower MS River loca- Date Sponsor/name tion Safety zone

1. The Sunday before Memo- Riverfest Inc./Riverfest Fire- Arkansas River, Little Rock, Regulated Area: Arkansas rial Day. works display. AR. River mile marker 118.8 to 119.5, Main Street Bridge, Little Rock, AR. 2. The Saturday before Memo- Memphis in May/Sunset Sym- Lower Mississippi River, Regulated Area: Lower Mis- rial Day. phony Fireworks Display. Memphis, TN. sissippi River mile marker 735.0 to 736.0, Memphis, TN. 3. July 4th or the weekend be- Fourth of July Fireworks/ Lower Mississippi River, Regulated Area: Lower Mis- fore. Memphis Center City Com- Memphis, TN. sissippi River mile marker mission. 735.5 to 736.5, Mud Island, Memphis, TN. 4. July 4th or the weekend be- Pops on the River Fireworks Arkansas River, Little Rock, Regulated Area: Arkansas fore. Display/Arkansas Democrat AR. River mile marker 118.8 to Gazette. 119.5, Main Street Bridge, Little Rock, AR. 5. July 4th or the weekend be- Uncle Sam Jam Fireworks, Red River, Alexandria, LA ..... Regulated Area: Red River fore. Alexandria, LA/Champion mile marker 83.0 to 87.0, Broadcasting of Alexandria. Alexandria, LA. 6. July 4th or the weekend be- Greenville Chamber of Com- Lake Ferguson, Greenville, Regulated Area: Waters of fore. merce/Fourth of July Fire- MS. Lake Ferguson extending works. 500 yards in all directions from the concrete pad, 33°24′34″ N, 091°03′58″ W, adjacent to the Lighthouse Casino, Greenville, MS. 7. July 4th or the weekend be- Pyro Fire Inc./Fourth of July Yazoo River, Vicksburg, MS .. Regulated Area: Yazoo River, fore. Celebration. mile marker 1.0 to 3.0, Vicksburg, MS. 8. July 4th or the weekend be- Artisan Pyro Inc./Fourth of Lower Mississippi River, Regulated Area: Lower Mis- fore. July Celebration. Natchez, MS. sissippi River, mile marker 365.5 to 364.5, Natchez, MS. 9. Third Friday and Saturday in The Great Mississippi River Lower Mississippi River, Regulated Area: Lower Mis- October Balloon Race and Fire- Natchez, MS. sissippi River, mile marker works show/Great Mis- 365.5 to 364.5, Natchez, sissippi River Balloon Race MS. Committee. 10. Fourth Saturday in May ..... Memphis in May Air Show, Lower Mississippi River, Regulated Area: Lower Mis- Memphis in May. Memphis, TN. sissippi River, mile marker 733.0 to 735.5, Memphis, TN. 11. First Saturday in Decem- Monroe Christmas Fireworks/ Ouachita River, Monroe, LA .. Regulated Area: Ouachita ber. Monroe Jaycee. River mile marker 168.0 to 169.0, Monroe, LA. 12. 4th of July Weekend ...... Monroe Renaissance ...... Ouachita River, Monroe, LA .. Regulated Area: Ouachita River mile marker 168.0 to 169.0, Monroe, LA.

TABLE 7 OF § 165.801—SECTOR MOBILE ANNUAL AND RECURRING MARINE EVENTS

Date Sponsor/name Sector Mobile location Safety zone

1. 1 Day; 1st week of January GoDaddy Bowl/GoDaddy.com Mobile Channel, Mobile, AL ... Mobile Channel, all waters extending 200 yards in all directions from a fireworks display barge located in the Mobile Channel between the Arthur R. Outlaw Con- vention Center and Cooper Riverside Park. 2. Multiple dates from May to Harbor Walk Seasonal Fire- East Pass to Choctawhatchee East Pass to Choctawhatchee December. works/Legendary, Inc. Bay, Destin, FL. Bay, all waters extending 700′ in all directions from a fireworks display barge located in the East Pass.

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TABLE 7 OF § 165.801—SECTOR MOBILE ANNUAL AND RECURRING MARINE EVENTS—Continued

Date Sponsor/name Sector Mobile location Safety zone

3. 2 Days; 1st weekend in Billy Bowlegs Pirate Festival/ Santa Rosa Sound, Ft. Wal- Santa Rosa Sound, all waters June. Greater Fort Walton Beach ton Beach, FL. extending 150 yards around Chamber of Commerce. a fireworks display barge that will be located between Fort Walton Beach Landing and the Gulf Intracoastal Waterway. 4. July 4th ...... Niceville July 4th Fireworks Boggy Bayou, Niceville, FL .... Boggy Bayou, all waters ex- Show/City of Niceville, FL. tending 250 yards around a fireworks display barge that will be located west of the Dockside Cafe´ & Oyster Bar and Allen’s Little Ma- rina. 5. July 4th ...... Fourth of July Celebration/ Santa Rosa Sound, Fort Wal- Santa Rosa Sound, all waters City of Fort Walton Beach. ton Beach. extending 100 yards around a fireworks display barge that will be located between Fort Walton Beach Landing and the Gulf Intracoastal Waterway. 6. 1 Day; Last week in June or Sound of Independence/ Santa Rosa Sound, Mary Es- Santa Rosa Sound, all waters 1st week of July. Hurlburt Field AFB. ther, FL. extending 200 yards around a fireworks display barge that will be located south of Hurlburt Field. 7. July 4th ...... Biloxi Bay Fireworks/Biloxi Biloxi Bay, Biloxi, MS ...... Biloxi Bay, all waters extend- Bay Chamber of Commerce. ing 200 yards around a fireworks display barge that will be located south of the Biloxi Channel, between channel markers R‘‘20’’ and R‘‘22’’ and north of Deer Is- land. 8. December 31st/January 1st New Year’s Eve Celebration/ Mobile Channel, Mobile, AL ... Mobile Channel, all waters City of Mobile. extending 200 yards in all directions from a fireworks display barge located in the Mobile Channel between the Arthur R. Outlaw Con- vention Center and Cooper Riverside Park. 9. Biannually occurring during Angels Over the Bay/Keesler Back Bay Biloxi, Biloxi, MS .... Back Bay Biloxi, Bounded by odd numbered years; 2 Air Force Base. the following coordinates: Days; Mid-March to end of Eastern boundary; Latitude April. 30°25′47.6″ N, Longitude 088°54′13.6″ W, to Latitude 30°24′43″ N, Longitude 088°54′13.6″ W. Western Boundary; Latitude 30°25′25.6″ N, Longitude 088°56′9″ W, to Latitude 30°24′55″ N, Longitude 088°56′9″ W. 10. 4 Days; 2nd weekend in Pensacola Beach Air Show/ Gulf of Mexico & Santa Rosa Gulf of Mexico to include all July. Santa Rosa Island Authority. Sound, Pensacola, FL. waters 1.75 nautical miles east and 1.5 nautical miles west of position 30°19′36″ N, 087°08′23″ W and extending 1000 yards south of Pensacola Beach creating a box, referred to as the ‘‘Show Box’’. Santa Rosa Sound to include all waters from Deer Point to Sharp Point and all waters within Little Sabine Bay.

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[USCG–2011–0286, 77 FR 12465, Mar. 1, 2012; 77 FR 28767, May 16, 2012, as amended by USCG– 2013–1060, 79 FR 22404, Apr. 22, 2014; USCG–2015–1079, 81 FR 36173, June 6, 2016; USCG–2015–1029, 81 FR 38597, June 14, 2016; USCG–2017–0011, 82 FR 25966, June 6, 2017]

EFFECTIVE DATE NOTE: At 82 FR 28236, June 21, 2017, § 165.801 was amended by revising table 2, effective July 7, 2017. For the convenience of the user, the revised text is set forth as follows:

§ 165.801 Annual fireworks displays and other events in the Eighth Coast Guard District requiring safety zones.

* * * * *

TABLE 2 OF § 165.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES

Sector Upper Date Sponsor/name Mississippi Safety zone River location

1. 1 day—4th week- Marketing Minneapolis LLC/Target Minneapolis, MN .... Upper Mississippi end in July. Aquatennial Fireworks. River mile marker 853.2 to 854.2. 2. 1 day—4th of July Radio Dubuque/Radio Dubuque Fire- Dubuque, IA ...... Upper Mississippi weekend. works and Air show. River mile marker 581.0 to 583.0. 3. 1 day—2nd week- City of Champlin/Father Hennepin Fire- Champlin, MN ...... Upper Mississippi end of June. works Display. River mile marker 870.5 to 872.0. 4. 1 day—4th of July Downtown Main Street/Mississippi Red Wing, MN ...... Upper Mississippi weekend. Alumination. River mile marker 790.8 to 791.2. 5. 1 day—4th of July Tan-Tar-A Resort/Tan-Tar-A 4th of July Lake of the Ozarks, Lake of the Ozarks weekend. Fireworks. MO. mile marker 025.8 to 026.2. 6. 1 day—1st week- Tan-Tar-A Resort/Tan-Tar-A Labor Day Lake of the Ozarks, Lake of the Ozarks end of September. Fireworks. MO. mile marker 025.8 to 026.2. 7. 1 day—Last Sun- Tan-Tar-A Resort/Tan-Tar-A Memorial Lake of the Ozarks, Lake of the Ozarks day in May. Day fireworks. MO. mile marker 025.8 to 026.2. 8. 1 day—4th of July Lake City Chamber of Commerce/Lake Lake City, MN ...... Upper Mississippi weekend. City 4th of July Fireworks. River mile marker 772.4 to 772.8. 9. 1 day—4th of July Greater Muscatine Chamber of Com- Muscatine, IA ...... Upper Mississippi weekend. merce/Muscatine 4th of July. River mile marker 455.0 to 456.0. 10. 1 day—Last Friends of the River Kansas City/KC Kansas City, KS ..... Missouri River mile weekend in June/ Riverfest. marker 364.8 to First weekend in 365.2. July. 11. 1 day—4th of Louisiana Chamber of Commerce/Lou- Louisiana, MO ...... Upper Mississippi July weekend. isiana July 4th Fireworks. River mile marker 282.0 to 283.0. 12. 1 day—4th of Guttenberg Development and Tourism/ Guttenberg, IA ...... Upper Mississippi July weekend. Stars and Stripes River Day. River mile marker 615.0 to 615.5. 13. 4 days—1st or Riverfest, Inc./La Crosse Riverfest ...... La Crosse, WI ...... Upper Mississippi 2nd week of July. River mile marker 697.5 to 698.5 (Wisconsin). 14. 1 day—2nd Prairie du Chien Area Chamber of Com- Prairie du Chien, WI Upper Mississippi weekend in July. merce/Prairie du Chien Area Chamber River mile marker Fireworks. 635.2 to 635.7. 15. 1 day—4th of JMP Radio/Red White and Boom Peoria Peoria, IL ...... Illinois River mile July weekend. marker 162.5 to 162.1.

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TABLE 2 OF § 165.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES—Continued

Sector Upper Date Sponsor/name Mississippi Safety zone River location

16. 1 day—Last Hudson Boosters/Hudson Booster Days Hudson, WI ...... St. Croix River mile weekend in June/ marker 016.8 to First weekend in 017.2. July. 17. 2 days—4th of City of St. Charles/St. Charles Riverfest St. Charles, MO ..... Missouri River mile July weekend. marker 028.2 to 028.8. 18. 1 day—4th of Minneapolis Park and Recreation Board/ Minneapolis, MN .... Upper Mississippi July weekend. Red, White, and Boom Minneapolis. River mile marker 853.5 to 854.5. 19. 1 day—4th of Davenport One Chamber/Red White and Davenport, IA ...... Upper Mississippi July weekend. Boom. River mile marker 482.0 to 482.7. 20. 2 days—3rd Amelia Earhart Festival Committee/ Kansas City, KS ..... Missouri River mile weekend of July. Amelia Earhart Festival. marker 422.0 to 424.5. 21. 1 day—4th of Alton Exposition Commission/Mississippi Alton, IL ...... Upper Mississippi July weekend. Fireworks Festival. River mile marker 202.5 to 203.0. 22. 1 day—3rd Sun- Burlington Steamboat Days/Burlington Burlington, IA ...... Upper Mississippi day in June. Steamboat Days. River mile marker 403.5 to 404.5. 23. 1 day—Last Sun- Lodge of the Four Seasons/Lodge of the Lake of the Ozarks, Lake of the Ozarks day in May. Four Seasons Memorial Day Fire- MO. mile marker 013.8 works. to 014.2. 24. 1 day—First Lodge of the Four Seasons/Labor Day Lake of the Ozarks, Lake of the Ozarks weekend of Sep- Fireworks. MO. mile marker 013.8 tember. to 014.2. 25. 1 day—4th of Lodge of the Four Seasons/Lodge of the Lake of the Ozarks, Lake of the Ozarks July weekend. Four Seasons 4th of July. MO. mile marker 013.8 to 014.2. 26. 2 days—3rd Hasting Riverboat Days/Rivertown Days Hasting, MN ...... Upper Mississippi weekend in July. River mile marker 813.7 to 815.2. 27. 1 day—Sunday Winona Steamboat Days/Winona Winona, MN ...... Upper Mississippi of Father’s Day Steamboat Days Fireworks. River mile marker weekend. 725.4 to 725.7. 28. 3 days—4th of Fair of St. Louis/Fair St. Louis ...... St. Louis, MO ...... Upper Mississippi July weekend. River mile marker 179.2 to 180.0. 29. 1 day—Last Bellevue Heritage Days/Bellevue Herit- Bellevue, IA ...... Upper Mississippi weekend in June/ age Days. River mile marker First weekend in 556.0 to 556.5. July. 30. 1 day—4th of Main Street Parkway Association/Park- Parkville, MO ...... Missouri River mile July weekend. ville 4th of July Fireworks. marker 378.0 to 377.5. 31. 1 day—4th of Hermann Chamber of Commerce/Her- Hermann, MO ...... Missouri River mile July weekend. mann 4th of July. marker 097.0 to 098.0 (Missouri). 32. 1 day—4th of Grafton Chamber of Commerce/Grafton Grafton, IL ...... Illinois River mile July weekend. Chamber 4th of July Fireworks. marker 001.5 to 000.5 (Illinois). 33. 1 day—4th of Salute to America Foundation, Inc./Sa- Jefferson City, MO Missouri River mile July weekend. lute to America. marker 143.5 to 143.0 (Missouri). 34. 1 day—4th of McGregor/Marquette Chamber Com- McGregor, IA ...... Upper Mississippi July weekend. merce/Independence Day Celebration. River mile marker 635.7 to 634.2.

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TABLE 2 OF § 165.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES—Continued

Sector Upper Date Sponsor/name Mississippi Safety zone River location

35. 2 days—2nd Tug Committee/Great River Tug ...... Port Byron, IL ...... Upper Mississippi weekend in August. River mile marker 497.2 to 497.6 (Il- linois). 36. 1 day—4th of City of Stillwater/St. Croix Events/Still- Stillwater, MN ...... St. Croix River mile July weekend. water 4th of July. marker 022.9 to 023.5 (Min- nesota). 37. 2 days—3rd Riverside Chamber of Commerce/ Riverside, MO ...... Missouri River mile weekend of Sep- Riverfest. marker 371.8 to tember. 372.2. 38. 4 days—3rd St. Croix Events/Lumberjack Days ...... Stillwater, MN ...... St. Croix River mile week of July. marker 022.9 to 023.5 (Min- nesota). 39. 2 days—Week- Lake of the Ozarks Shootout, Inc./Lake Lake of the Ozarks, Lake of the Ozarks end that precedes of the Ozarks Shootout. MO. mile marker 032.5 Labor Day Week- to 034.5. end. 40. 2 days—1st City of Keithsburg/Keithsburg Fireworks Keithsburg, IL ...... Upper Mississippi weekend of Sep- Display. River mile marker tember. 427.5 to 427.3. 41. 1 day—4th of City of East Moline/City of East Moline East Moline, IA ...... Upper Mississippi July weekend. Fireworks. River mile marker 490.2 to 489.8. 42. 2nd Weekend in Lansing Lion’s Club/Lansing Fish Days Lansing, IA ...... Upper Mississippi August. Fireworks. River mile marker 662.8–663.9. 43. 3rd Weekend in River Action/Floatzilla ...... Rock Island, Illinois Upper Mississippi August. River mile marker 479.0–486.0. 44. 1 day—Weekend Main Street Parkway Association/Park- Parkville, MO ...... Missouri River mile before Thanks- ville Christmas on the River. marker 377.5 to giving. 378.0. 45. 1 day—4th of City of Marquette/Marquette Independ- Marquette, IA ...... Upper Mississippi July weekend. ence Day Celebration. River mile marker 634.2 to 635.7. 46. 1 day—1st St. Louis Brewers Guild Festival Fire- St. Louis, MO ...... Upper Mississippi Weekend in June. works. River mile marker 179.2–180. 47. 1 day—4th Lumiere Place/Memorial Day Fireworks St. Louis, MO ...... Upper Mississippi Weekend in May. River mile marker 180–180.5. 48. 1 day—1st Lumiere Place/4th of July Fireworks ...... St. Louis, MO ...... Upper Mississippi Weekend in July. River mile marker 180–180.5. 49. 1 day—1st Lumiere Place/Labor Day Fireworks ...... St. Louis, MO ...... Upper Mississippi Weekend in Sep- River mile marker tember. 180–180.5.

§ 165.802 Lower Mississippi River, vi- AHP LMR to a point opposite Ft. cinity of Old River Control Struc- Adams Light, mile 311.5 AHP along the ture—Safety Zone. low water reference plane above the (a) The area enclosed by the fol- right descending bank; thence to the lowing boundary is a safety zone—from levee on a line perpendicular to the the Black Hawk Point Light, mile 316.1 channel centerline; thence along the

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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, terminate any waiver issued under this [CGD8–87–10, 53 FR 15207, Apr. 28, 1988, as subsection. amended by CGD8 89–03, 54 FR 16108, Apr. 21, 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. (1) No person sissippi River between miles 88 and 240 may secure a barge to trees or to other above Head of Passes. vegetation. (2) No person may allow a barge to be (a) Definitions. As used in this sec- moored with unraveled or frayed lines tion: or other defective or worn mooring. (1) Breakaway means a barge that is (3) No person may moor barges side adrift and is not under the control of a to side unless they are secured to each towing vessel. other from fittings as close to each cor- (2) COTP means the Captain of the ner of abutting sides as practicable. Port, New Orleans. (4) No person may moor barges end to (3) Fleet includes one or more tiers. end unless they are secured to each (4) Fleeting facility means the geo- other from fittings as close to each cor- graphic area along or near a river bank ner of abutting ends as practicable. at which a barge mooring service, ei- (e) Mooring to a mooring device. (1) A ther for hire or not for hire, is estab- barge may be moored to mooring de- lished. vices if the upstream end of that barge (5) Mooring barge or spar barge means is secured to at least one mooring de- a barge moored to mooring devices and vice and the downstream end is secured to which other barges may be moored. to at least one other mooring device, (6) Mooring device includes a except that from mile 127 to mile 240 a deadman, anchor, pile or other reliable barge may be moored to mooring de- holding apparatus. vices if the upstream end of that barge (7) Person in charge includes any is secured to at least one mooring de- owner, agent, pilot, master, officer, op- vice. erator, crewmember, supervisor, dis- (2) Barges moored in tiers may be patcher or other person navigating, shifted to mooring devices if the shore- controlling, directing or otherwise re- ward barge at the upstream end of the sponsible for the movement, action, se- tier is secured to at least one mooring curing, or security of any vessel, barge, device, and the shoreward barge at the tier, fleet or fleeting facility subject to downstream end of the tier is secured the regulations in this section. to at least one other mooring device, (8) Tier means barges moored inter- except that from mile 127 to mile 240 dependently in rows or groups. barges moored in tiers may be shifted (b) Waivers: (1) The COTP may, upon to mooring devices if the shoreward written request, except as allowed in barge at the upstream end of the tier is paragraph (3) of this subsection, waive secured to at least one mooring device. any regulation in this section if it is (3) Each wire rope used between the found that the proposed operation can upstream end of a barge and a mooring be conducted safely under the terms of device must have at least a diameter of that waiver. 11⁄4 inch. Chain or line used between the

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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 strength to 11⁄4 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 be- shall take immediate action to correct tween the downstream end of a barge each deficiency. and a mooring device must be of at (i) Fleeting facility: Records. The person in charge of a fleeting facility shall least equivalent strength of 7⁄8 inch diameter wire rope. maintain, and make available to the Coast Guard, records containing the (f) Moorings: Barge-to-barge; barge- following information: to-vessel; barge-to-wharf or pier. The (1) The time of commencement and person in charge shall ensure that a termination of each inspection re- barge moored to another barge, a quired in paragraph (h)(2) of this sec- mooring or spar barge, a vessel, a tion. wharf, or a pier, is secured as near as (2) The name of each person who practicable to each abutting corner of makes the inspection required in para- the barge being moored by: graph (h)(2) of this section. (1) Three parts of wire rope of at (3) The identification of each barge 7 least ⁄8 inch diameter with an eye at entering and departing the fleeting fa- each end of the rope passed around the cility, along with the following infor- timberhead, caval, or button; mation: (2) A mooring of natural or synthetic (i) Date and time of entry and depar- fiber rope that has at least 75 percent ture; and of the breaking strength of three parts (ii) The names of any hazardous of 7⁄8 inch diameter wire rope; or cargo which the barge is carrying. (3) Fixed rigging that is at least NOTE: The requirements in paragraph (i)(3) equivalent to three parts of 7⁄8 inch di- of this section for the listing of hazardous ameter wire rope. cargo refer to cargoes regulated by Sub- (g) Mooring: Person in charge. (1) The chapters D and O of Chapter I, Title 46, Code person in charge of a barge, tier, fleet of Federal Regulations. or fleeting facility shall ensure that (j) Fleeting facility: Surveillance. (1) the barge, tier, fleet or fleeting facility The person in charge of a fleeting facil- meets the requirements in paragraphs ity shall assign a person to be in con- (d) and (e) of this section. tinuous surveillance and to observe the (2) The person in charge shall ensure barges in the fleeting facility. Joint that all mooring devices, wires, chains, use of this person by adjacent facilities lines and connecting gear are of suffi- may be considered upon submission of cient strength and in sufficient number a detailed proposal for a waiver to the to withstand forces that may be ex- COTP. erted on them by moored barges. (2) The person who observes the (h) Fleeting facility: inspection of moor- barges shall: ings. (1) The person in charge of a fleet- (i) Inspect for movements that are ing facility shall assign a person to in- unusual for properly secured barges; spect moorings in accordance with the and requirements in paragraph (h)(2) of this (ii) Take immediate action to correct section. each deficiency. (2) The person assigned to inspect (k) Fleeting facility: person in charge. moorings shall inspect: The person in charge of a fleeting facil- (i) At least twice each day during pe- ity shall ensure that each deficiency riods that are six hours or more apart, found under the requirements of para- each mooring wire, chain, line and con- graph (h) or (j) of this section is cor- necting gear between mooring devices rected. and each wire, line and connecting (l) Securing breakaways. The person in equipment used to moor each barge; charge shall take immediate action to: and (1) Secure each breakaway; and

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(2) Report each breakaway as soon as (B) When moored, a continuous possible to the COTP by telephone, watch on the barges in the fleeting fa- radio or other means of rapid commu- cility. nication. (v) During periods when visibility is (m) High water. (1) This subsection less than 200 yards, the person in applies to barges on the Mississippi charge of each towboat required in River between miles 88 and 240 above paragraph (m)(2)(i) of this subsection Head of Passes when: shall maintain, when moored, a contin- (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. [CGD 79–034, 47 FR 29660, July 8, 1982, as (ii) Each fleet must have two or more amended by CGD 82–020, 47 FR 35483, Aug. 16, towboats in attendance when: 1982; CGD 79–026, 48 FR 35408, Aug. 4, 1983; (A) Barges are withdrawn from or CGD 88–075, 54 FR 14958, Apr. 14, 1989; CGD08– moved within the fleet and the fleet at 94–006, 59 FR 21935, Apr. 28, 1994; CGD08–94– 006, 60 FR 37944, July 25, 1995] the start of the operation contains eight or more barges; or § 165.805 Security Zones; Calcasieu (B) Barges are added to the fleet and River and Ship Channel, Louisiana. the number of barges being added plus (a) Location. (1) The following areas the fleet at the start of the operation are designated as fixed security zones total eight or more. (all coordinates are based upon North (iii) Each towboat required in para- American Datum of 1983 [NAD 83]): graphs (m)(2)(i) and (2)(ii) of this sec- (i) Trunkline LNG basin. All waters tion must be: encompassed by a line connecting the (A) Capable of safely withdrawing, following points, beginning at 30°06′36″ moving or adding each barge in the N, 93°17′36″ W, south to a point 30°06′33″ fleet; N, 93°17′36″ W, east to a point 30°06′30″ (B) Immediately operational; N, 93°17′02″ W, north to a point 30°06′33″ (C) Radio-equipped; N, 93°17′01″ W, then tracing the shore- (D) Within 500 yards of the barges; line along the water’s edge to the point and of origin. (iv) The person in charge of each (ii) Cameron LNG basin. All waters en- towboat required in paragraphs compassed by a line connecting the fol- (m)(2)(i) and (2)(ii) of this section shall lowing points, beginning at 30°02′33″ N, maintain: 093°19′53″ W, east to a point at 30°02′34″ (A) A continuous guard on the fre- N, 093°19′50″ W, south to a point at quency specified by current Federal 30°02′10″ N, 093°19′52″ W and west to a Communications Commission regula- point at 30°02′10″ N, 93°19′59″ W, then tions found in Part 83 of Title 47, Code tracing the shoreline along the water’s of Federal Regulations; and edge to the point of origin.

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(iii) PPG Industries basin. All waters from the Captain of the Port to do oth- encompassed by a line connecting the erwise; following points: Beginning at 30°13′29″ (ii) Commercial vessels operating at N, 93°16′34″ W, southwest to a point at waterfront facilities located within the 30°13′11″ N, 93°16′51″ W, then proceeding zone; southerly following 100 feet off the (iii) Vessels providing direct oper- shoreline to a point at 30°12′57.2″ N, ational support to commercial vessels 93°16′53.2″ W, then east to a point at within a moving security zone; 30°12′57.2″ N, 93°16′50.6″ W then south- (iv) Vessels operated by federal, erly to a point at 30°12′47.7″ N, state, county, or municipal agencies. 93°16′50.3″ W then west to the shoreline (3) Other persons or vessels requiring and then following along the water’s entry into security zones described in edge to the point of origin. this section must request permission (2) The following areas are moving from the Captain of the Port, Port Ar- security zones: All waters within the thur or designated representatives. (4) To request permission as required Captain of the Port, Port Arthur zone by these regulations, contact Marine commencing at U.S. territorial waters Safety Unit Lake Charles at (337) 491– and extending channel edge to channel 7800 or the on scene patrol vessel. edge on the Calcasieu Channel and (5) All persons and vessels within a shoreline to shoreline on the Calcasieu security zone described in this section River, 2 miles ahead and 1 mile astern must comply with the instructions of of certain designated vessels while in the Captain of the Port, Port Arthur, transit. Meeting, crossing or over- designated on-scene U.S. Coast Guard taking situations are not permitted patrol personnel or other designated within the security zone unless specifi- representatives. On-scene U.S. Coast cally authorized by the Captain of the Guard patrol personnel include com- Port. Coast Guard patrol assets will be missioned, warrant, and petty officers on scene with flashing blue lights ener- of the U.S. Coast Guard. Designated gized when the moving security zones representatives include federal, state, are in effect. local and municipal law enforcement (b) Regulations. (1) Entry into or re- agencies. maining in a fixed zone described in (c) Informational broadcasts: The Cap- paragraph (a)(1) of this section is pro- tain of the Port, Port Arthur will in- hibited for all vessels except: form the public when moving security (i) Commercial vessels operating at zones have been established around waterfront facilities within these vessels via Broadcast Notices to Mari- zones; ners and written notice provided by es- (ii) Commercial vessels transiting di- cort vessels. rectly to or from waterfront facilities [USCG–2009–0317, 75 FR 18757, Apr. 13, 2010] within these zones; (iii) Vessels providing direct oper- § 165.806 Sabine Neches Waterway, ational or logistical support to com- Texas—regulated navigation area. mercial vessels within these zones; (a) The following is a regulated navi- (iv) Vessels operated by the appro- gation area—The Sabine Neches Water- priate port authority or by facilities way which includes the following located within these zones; and waters: Sabine Pass Channel, Port Ar- (v) Vessels operated by federal, state, thur Canal, Sabine Neches Canal, county, or municipal agencies. Neches River, Sabine River and all nav- (2) Entry into or remaining in mov- igable waterways tributary thereto. ing zones described in paragraph (a)(2) (b) Unless otherwise authorized by of this section is prohibited for all ves- the Captain of the Port, Port Arthur, sels except: Texas, tows on a hawser of 1000 gross (i) Moored vessels or vessels anchored tons or greater transiting the Sabine- in a designated anchorage area. A Neches Waterway are prohibited unless moored or an anchored vessel in a secu- such tows have a tug of sufficient rity zone described in paragraph (a)(2) horsepower made up to the tow in such of this section must remain moored or a manner as to insure that complete anchored unless it obtains permission and effective control is maintained

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throughout the transit. Inbound vessels (c) The Captain of the Port will no- only, may shift the tow or pick up an tify the maritime community of peri- additional tug within 100 yards inside ods during which this safety zone will the entrance jetties provided that such be in effect by providing advance no- action is necessary for reasons of pru- tice of scheduled arrivals and depar- dent seamanship. tures of loaded LPG vessels via a Ma- rine Safety Information Broadcast No- [CGD8–83–09, 49 FR 35500, Sept. 10, 1984] tice to Mariners. § 165.807 Calcasieu River, Louisiana— [CGD 8–84–07, 50 FR 15744, Apr. 22, 1985; 50 FR regulated navigation area. 19933, May 13, 1985] (a) The following is a regulated navi- § 165.809 Security Zones; Port of Port gation area—The Calcasieu River from Lavaca-Point Comfort, Point Com- the Calcasieu jetties up to and includ- fort, TX and Port of Corpus Christi ing the Port of Lake Charles. Inner Harbor, Corpus Christi, TX. (b) Unless otherwise authorized by (a) Location. The following area is the Captain of the Port, Port Arthur, designated as a security zone: all Texas, tows on a hawser of 1000 gross waters of the Corpus Christi Inner Har- tons or greater transiting the bor from the Inner Harbor Bridge (U.S. Calcasieu River are prohibited unless Hwy 181) to, and including the Viola such tows have a tug of sufficient Turning Basin. horsepower made up to the tow in such (b) Regulations. (1) No recreational a manner as to insure that complete vessels, passenger vessels, or commer- and effective control is maintained at cial fishing vessels may enter the secu- all times. Inbound vessels only, may rity zone unless specifically authorized shift the tow or pick up an additional by the Captain of the Port Corpus tug within 100 yards inside the en- Christi or a designated representative. trance jetties provided that such ac- (2) Recreational vessels, passenger tion is necessary for reasons for pru- vessels and commercial fishing vessels dent seamanship. requiring entry into the security zone must contact the Captain of the Port [CGD8–83–09, 49 FR 35500, Sept. 10, 1984] Corpus Christi or a designated representative. 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 Christi or a designated representative. waters 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

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as to ensure port safety and protect the to the ascending vessel shall have navigable waters of the Mississippi passed to sea. River from environmental harm result- (2) No vessel having a speed of less ing from those incidents, and to en- than ten mph shall enter South Pass hance the safety of passenger vessels from the Gulf when the stage of the moored or anchored in the Mississippi Mississippi River exceeds 15 feet on the River. Carrollton Gage at New Orleans. This (b) Lower Mississippi River below paragraph does not apply when South- mile 233.9 above Head of Passes includ- west Pass is closed to navigation. ing South and Southwest Passes: (3) No vessel, except small craft and (1) Supervision. The use, administra- towboats and tugs without tows, as- tion, and navigation of the waterways cending South Pass shall pass Franks to which this paragraph applies shall Crossing Light until after a descending be under the supervision of the District vessel shall have passed Depot Point Commander, Eighth Coast Guard Dis- Light. trict. (4) No vessel, except small craft and (2) Speed; high-water precautions. towboats and tugs without tows, shall When passing another vessel (in mo- enter the channel at the head of South tion, anchored, or tied up), a wharf or Pass until after an ascending vessel other structure, work under construc- which has reached Franks Crossing tion, plant engaged in river and harbor Light shall have passed through into improvement, levees withstanding the river. flood waters, building partially or (5) When navigating South Pass dur- wholly submerged by high water, or ing periods of darkness no tow shall any other structure liable to damage consist of more than one towed vessel by collision, suction or wave action, other than small craft, and during day- vessels shall give as much leeway as light hours no tow shall consist of circumstances permit and reduce their more than two towed vessels other speed sufficiently to preclude causing than small craft. Tows may be in any damages to the vessel or structure formation. When towing on a hawser, being passed. Since this subparagraph the hawser shall be as short as prac- pertains directly to the manner in ticable to provide full control at all which vessels are operated, masters of times. vessels shall be held responsible for (6) When towing in Southwest Pass strict observance and full compliance during periods of darkness no tow shall therewith. During high river stages, consist of more than two towed vessels floods, or other emergencies, the Dis- other than small craft, and during day- trict Commander may prescribe by light hours no tow shall consist of navigation bulletins or other means more than three towed vessels other the limiting speed in land miles per than small craft. hour deemed necessary for the public (e) Watch requirements for anchored safety for the entire section or any and moored passenger vessels. part of the waterways covered by this (1) Passenger vessels. Except as pro- paragraph, and such limiting speed vided in paragraph (e)(2) of this sec- shall be strictly observed. tion, each passenger vessel with one or (3) Towing. Towing in any formation more passengers on board, must— by a vessel with insufficient power to (i) Keep a continuously manned pilot- permit ready maneuverability and safe house; and handling is prohibited. (ii) Monitor river activities and ma- (c) [Reserved] 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

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175.110 applies, may monitor river ac- the vicinity of Eighty-one Mile Point are lo- tivities using a portable radio from a cated in 33 CFR 161.65(e). vantage point other than the pilot- (Sec. 104, Pub. L. 92–340, 86 Stat. 424 (33 house. U.S.C. 1224); sec. 2, Pub. L. 95–474, 92 Stat. (f) Each self-propelled vessel of 1,600 1471 (33 U.S.C. 1223); 49 CFR 1.46(n)(4)) or more gross tons subject to 33 CFR [CGD 75–082, 42 FR 51759, Sept. 29, 1977] part 164 shall also comply with the following: EDITORIAL NOTE: For FEDERAL REGISTER ci- (1) While under way in the RNA, each tations affecting § 165.810, see the List of CFR Sections Affected, which appears in the vessel must have an engineering watch Finding Aids section of the printed volume capable of monitoring the propulsion and at www.fdsys.gov. system, communicating with the bridge, and implementing manual-con- § 165.811 Atchafalaya River, Berwick trol measures immediately when nec- Bay, LA-regulated navigation area. essary. The watch must be physically (a) The following is a regulated navi- present in the machinery spaces or in gation area: the waters of the the machinery-control spaces and must Atchafalaya River in Berwick Bay consist of at least an appropriately li- bounded on the northside from 2,000 censed or credentialed engineer officer. yards north of the U.S. 90 Highway (2) Before embarking a pilot when en- Bridge and on the southside from 4,000 tering or getting under way in the yards south of the Southern Pacific RNA, the master of each vessel shall Railroad (SPRR) Bridge. ensure that the vessel is in compliance with 33 CFR part 164. (b) Within the regulated navigation area described in paragraph (a) of this (3) The master shall ensure that the section, § 161.40 of this chapter estab- chief engineer has certified that the lishes a VTS Special Area for waters following additional operating condi- within a 1000 yard radius of the SPRR tions will be satisfied so long as the vessel is under way within the RNA: Bridge. (i) The main propulsion plant is in all (c) When the Morgan City River respects ready for operations including gauge reads 3.0 feet or above mean sea the main-propulsion air-start systems, level, in addition to the requirements fuel systems, lubricating systems, cool- set forth in § 161.13 of this chapter, the ing systems, and automation systems; requirements of paragraph (d) and (e) of this section apply to a towing vessel (ii) Cooling, lubricating, and fuel-oil systems are at proper operating tem- which will navigate: peratures; (1) under the lift span of the SPRR (iii) Main propulsion machinery is Bridge; or available to immediately respond to (2) through the navigational opening the full range of maneuvering com- of the U.S. 90 Highway Bridge: or mands any load-limiting programs or (3) through the navigational opening automatic acceleration-limiting proof the Highway 182 Bridge. grams that would limit the speed of re- (d) Towing requirements. (1) Towing on sponse to engine orders beyond that a hawser is not authorized, except that needed to prevent immediate damage one self-propelled vessel may tow one to the propulsion machinery are capa- other vessel without barges upbound; ble of being overridden immediately. (2) A towing vessel and barges must (iv) Main-propulsion standby systems be arranged in tandem, except that one are ready to be immediately placed in vessel may tow one other vessel along- service. side; (g) [Reserved] (3) Length of tow must not exceed NOTE TO § 165.810: Control Light provisions 1,180 feet; and (previously referenced in paragraph (c) of (4) Tows with a box end in the lead this section) used to manage vessel traffic must not exceed 400 feet in length. during periods of high waters in the vicinity of Algiers Point are located in 33 CFR NOTE: The variation in the draft and the 161.65(c). The special operating requirements beam of the barges in a multi-barge tow (previously referenced in paragraph (g) of should be minimized in order to avoid unnec- this section) used to manage vessel traffic in essary strain on coupling wires.

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(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 Upbound ...... 400hp or (Length 600hp or (Length are permitted to remain within 100 feet 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 of tow—200ft) × of tow) × 3. yards of a cruise ship that cannot slow 3. to the minimum speed necessary to

NOTE: A 5% variance from the available horsepower is maintain a safe course must request authorized. express permission to proceed from the (2) All tows carrying cargoes of par- Captain of the Port New Orleans or his ticular hazard as defined in § 160.202 of designated representative. 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 amended by CGD 95–033, 60 FR 28333, May 31, via Marine Safety Information Broad- 1995; CGD08–06–023, 72 FR 27741, May 17, 2007; casts. USCG–2005–21869, 80 FR 5336, Jan. 30, 2015] (5) To request permission as required by these regulations contact ‘‘New Or- § 165.812 Security Zones; Lower Mis- leans Traffic’’ via VHF Channels 13/67 sissippi River, Southwest Pass Sea or via phone at (504) 589–2780 or (504) Buoy to Mile Marker 96.0, New Or- 589–6261. leans, LA. (6) All persons and vessels within the (a) Location. Within the Lower Mis- moving security zones shall comply sissippi River and Southwest Pass, with the instructions of the Captain of moving security zones are established the Port New Orleans and designated around all cruise ships between the on-scene U.S. Coast Guard patrol per- Southwest Pass Entrance Lighted sonnel. On-scene U.S. Coast Guard pa- Buoy ‘‘SW’’, at approximate position trol personnel include commissioned, ° ′ ″ ° ′ ″ 28 52 42 N, 89 25 54 W [NAD 83] and warrant, and petty officers of the U.S. Lower Mississippi River mile marker Coast Guard. 96.0 in New Orleans, Louisiana. These (c) Authority. In addition to 33 U.S.C. moving security zones encompass all 1231, the authority for this section in- waters within 500 yards of a cruise ship. cludes 33 U.S.C. 1226. These zones remain in effect during the entire transit of the vessel and con- [COTP New Orleans–02–005, 67 FR 61989, Oct. tinue while the cruise ship is moored or 3, 2002] anchored. (b) Regulations. (1) Entry of persons § 165.813 Security Zones; Ports of and vessels into these zones is prohib- Houston and Galveston, TX. ited unless authorized as follows. (a) Location. Within the Ports of (i) Vessels may enter within 500 yards Houston and Galveston, Texas, moving but not closer than 100 feet of a cruise security zones are established encom- ship provided they operate at the min- passing all waters within 500 yards of a

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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°14′44″ N., 094°32′41″ W. Traffic’’ via VHF Channels 11/12 or via [NAD 83] and up to, and including, phone at 281–464–4837. Barbours Cut. These zones remain in (6) All persons and vessels within the effect during the inbound and outbound moving security zone shall comply entire transit of the cruise ship and with the instructions of the Captain of continues while the cruise ship is the Port Houston-Galveston and des- moored or anchored. ignated on-scene U.S. Coast Guard pa- (b) Regulations. (1) Entry of vessels or trol personnel. On-scene U.S. Coast persons into these zones is prohibited Guard patrol personnel include com- unless authorized as follows. missioned, warrant, and petty officers (i) Vessels may enter within 500 yards of the U.S. Coast Guard. but not closer than 100 yards of a cruise (c) Authority. In addition to 33 U.S.C. ship provided they operate at the min- 1231, the authority for this section in- imum speed necessary to maintain a cludes 33 U.S.C. 1226. safe course. (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, as amended by USCG– expressly authorized by the Coast 2014–0410, 79 FR 38448, July 7, 2014; USCG– 2015–0433, 80 FR 44286, July 27, 2015] Guard Captain of the Port Houston- Galveston. Where the Houston Ship § 165.814 Security Zones; Captain of Channel narrows to 400 feet or less be- the Port Houston-Galveston Zone. tween Houston Ship Channel Entrance Lighted Bell Buoy ‘‘18’’, light list nos. (a) Location. The following areas are 23900/36055 at approximately 29°21′04″ N., designated as security zones: 094°47′00″ W. [NAD 83] and Barbours (1) Houston, TX. The Houston Ship Cut, the Captain of the Port Houston- Channel and all associated turning ba- Galveston may permit vessels that sins, bounded by a line drawn between must transit the navigable channel be- geographic positions 29°45′14″ N., tween these points to enter within 100 095°05′47″ W. to 29°45′04″ N., 095°05′33″ W. yards of a cruise ship. west to the T & N Rail Road Swing (iii) Moored vessels or vessels an- Bridge at the entrance to Buffalo chored in a designated anchorage area Bayou, including all waters adjacent to are permitted to remain within 100 the ship channel from shoreline to yards of a cruise ship while it is in shoreline and the first 200 yards of con- transit. necting waterways. (2) Vessels requiring entry within 500 (2) Morgan’s Point, TX. The Barbours yards of a cruise ship that cannot slow Cut Ship Channel and Turning Basin to the minimum speed necessary to containing all waters west of a line maintain a safe course must request drawn between Barbours Cut Junction express permission to proceed from the Light ‘‘BC’’ 29°41′12″ N., 094°59′10″ W. Captain of the Port Houston-Gal- (LLNR–24750), and Houston Ship Chan- veston, or his designated representa- nel Light 91, 29°40′58″ N., 094°58′59″ W. tive. (LLNR–24595) (NAD 1983). (3) For the purpose of this section the (3) Bayport, TX. The Port of Bayport, term ‘‘cruise ship’’ is defined as a pas- Bayport Ship Channel and Bayport senger vessel over 100 gross tons, car- Turning Basin containing all waters rying more than 12 passengers for hire, south of latitude 29°36′45″ N. and west making a voyage lasting more than 24 of position 29°36′45″ N., 094°59′31″ W. hours, any part of which is on the high (NAD 1983). seas, and for which passengers are em- (4) Texas City, TX. The Port of Texas barked or disembarked in the United City Channel, Turning Basin and In- States or its territories. dustrial Canal containing all waters (4) The Captain of the Port Houston- bounded by the area south and west of Galveston will inform the public of the a line drawn from Texas City Channel moving security zones around cruise Light 19 (LLNR 26160) through Texas ships via Marine Safety Information City Cut B Inner Range Front Light Broadcasts. (LLNR 26110) and terminating on land

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in position 29°23′16″ N., 094°53′15″ W. (v) Vessels operated by federal, state, (NAD 1983). county, or municipal agencies. (5) Freeport, Texas. (i) The Dow Barge (2) Other persons or vessels requiring Canal, containing all waters of the Dow entry into a zone described in this sec- Barge Canal north of a line drawn be- tion must request express permission tween 28°56.81′ N/095°18.33′ W and to enter from the Captain of the Port ° ′ ° ′ 28 56.63 N/095 18.54 W (NAD 1983). Houston-Galveston, or designated rep- (ii) The Brazos Harbor, containing all resentative. The Captain of the Port waters west of a line drawn between Houston-Galveston’s designated rep- ° ′ ° ′ ° ′ 28 56.45 N, 095 20.00 W, and 28 56.15 N, resentatives are any personnel granted 095°20.00′ W (NAD 1983) at its junction authority by the Captain of the Port with the Old Brazos River. Houston-Galveston to receive, evalu- (iii) The Dow Chemical plant, containing all waters of the Brazos Point ate, and issue written security zone Turning Basin within 100′ of the north entry permits, or the designated onshore and bounded on the east by the scene U.S. Coast Guard patrol per- longitude line drawn through 28°56.58′ sonnel described in paragraph (b)(4). N/095°18.64′ W and on the west by the (3) To request permission as required longitude line drawn through 28°56.64′ by these regulations contact ‘‘Houston N/095°19.13′ W (NAD 1983). Traffic’’ via VHF Channels 11/12 or by (iv) The Seaway Teppco Facility, phone at 281–464–4837. containing all waters of the Brazos (4) All persons and vessels shall com- Port Turning Basin bounded on the ply with the instructions of the Cap- south by the shore, the north by the tain of the Port Houston-Galveston and Federal Channel, on the east by the designated on-scene U.S. Coast Guard longitude line running through 28°56.44′ patrol personnel. On-scene U.S. Coast N, 095°18.83′ W and 28°56.48′ N 095°18.83′ Guard patrol personnel include com- W and on the West by the longitude missioned, warrant, and petty officers ° ′ line running through 28 56.12 N, of the U.S. Coast Guard. 095°19.27′ W and 28°56.11′ N, 095°19.34′ W (NAD 1983). [COTP Houston-Galveston–02–009, 67 FR (v) The Conoco Phillips Facility 23593, May 5, 2003, as amended by USCG–2009– docks, containing all waters within 100′ 0501, 75 FR 8493, Feb. 25, 2010; USCG–2008–0124, of a line drawn from a point on shore 75 FR 11002, Mar. 10, 2010; USCG–2014–0410, 79 at Latitude 28°55.96′ N, Longitude FR 38448, July 7, 2014; USCG–2015–0433, 80 FR 095°19.77′ W, extending west to a point 44286, July 27, 2015] on shore at Latitude 28°56.19′ N, Lon- ° ′ § 165.815 Ohio River at Louisville, KY; gitude 095 20.07 W (NAD 1983). regulated navigation area. (vi) The Freeport LNG Basin containing all waters shoreward of a line (a) The following is a regulated navi- drawn between the eastern point at gation area: The waters of the Ohio latitude 28°56′25″ N, 095°18′13″ W, and the River from the Clark Memorial (High- western point at 28°56′28″ N, 095°18′31″ way) Bridge at Mile 603.5, downstream W, east towards the jetties. to McAlpine Dam at Mile 604.4. (b) Regulations. (1) Entry of into these (b) The general regulations governing zones is prohibited except for the fol- regulated navigation area contained in lowing: 33 CFR part 165, subpart B apply. (i) Commercial vessels operating at (c) No pleasure or fishing craft shall waterfront facilities within these be operated within the regulated navi- zones; gation area at any time without prior (ii) Commercial vessels transiting di- permission of the Captain of the Port, rectly to or from waterfront facilities Louisville, Kentucky, except in case of within these zones; emergency and except for passage (iii) Vessels providing direct oper- through McAlpine Lock. ational/logistic support to commercial vessels within these zones; [CGD 2–89–04, 55 FR 23203, June 7, 1990. Redes- (iv) Vessels operated by the appro- ignated by CGD 96–026, 61 FR 33669, June 28, priate port authority or by facilities 1996] located within these zones; and

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§ 165.817 Arkansas River, Mile 118.2 to (d) Refer to 33 CFR 117.123 for draw- 125.4, Little Rock Arkansas—regu- bridge operation regulations. lated navigation area. [CGD2–90–04, 57 FR 22176, May 27, 1992. Redes- (a) Location. The following is a regu- ignated by CGD 96–026, 61 FR 33669, June 28, lated navigation area (RNA): The 1996] waters of the Arkansas River between mile 118.2 and mile 125.4. § 165.818 Moving Security Zones, for (b) Regulations. Transit of the RNA certain vessels in Freeport En- is limited during periods of high veloc- trance Channel, Freeport, Texas. ity flow, defined as the flow rate of (a) Location. The following areas are 70,000 cubic feet per second or more at security zones: All waters within the the Murray Lock and Dam at mile Captain of the Port Houston-Galveston 125.4. The flow rate at this location is calculated by the U.S. Army Corps of Zone commencing at U.S. territorial Engineers on a regular and routine waters through the Freeport Entrance basis. This information will be distrib- Channel, from surface to bottom, one uted by announcements by Coast thousand (1000) yards ahead and astern Guard Marine Information Broadcasts, and five hundred (500) yards on each publication in Coast Guard Local No- side of any vessel that has a moving se- tice to Mariners, and telephone or curity zone established around it. radio contact with the Lockmaster at (b) Regulations. Entry into or remain- Murray Lock and Dam. ing in the zones described in paragraph (c) Transit of the RNA during periods (a) of this section is prohibited unless of high velocity flow may only occur authorized as follows: under the following conditions: (1) Moored vessels or vessels an- (1) Vessels may not meet or pass in chored in a designated anchorage area the RNA. are permitted to remain moored or an- (2) No vessel shall anchor, stop, re- chored if they come within a security main or drift without power at any zone described in paragraph (a) of this time in the RNA. section. A moored or an anchored ves- (3) All vessels shall continually mon- sel in a security zone must remain itor VHF-FM channel 13 on their radio- moored or anchored unless it obtains telephone while in or approaching the RNA. permission from the Captain of the (4) Prior to entering the RNA, Port to do otherwise. downbound vessels shall make a broad- (2) Commercial vessels operating at cast in the blind on VHF-FM channel the waterfront facilities within these 13 announcing their estimated time of zones. departure from Murray Lock and Dam (3) Commercial vessel transiting di- or from the mooring cells at mile 121.5 rectly to or from waterfront facilities to ensure there are no upbound vessels within these zones. within the RNA. If there is upbound (4) Vessels providing direct oper- traffic within the RNA, the downbound ational/logistic support to commercial vessel shall not depart until the vessels within these zones. upbound vessel has passed through the (5) Vessels operated by the port au- RNA. After departing, vessels will pro- thority or by facilities located within ceed through the RNA, including all these zones. drawbridges located therein, without (6) Vessels operated by Federal, delay. State, county, or municipal agencies. (5) When upbound vessels reach mile 116, they shall make a broadcast in the (7) All persons and vessels within the blind on VHF-FM channel 13 announc- moving security zone must comply ing their estimated arrival time at the with the instructions of the Captain of Rock Island Railroad Bridge at mile the Port Houston-Galveston and des- 118.2. ignated on-scene U.S. Coast Guard pa- (6) When a downbound vessel is al- trol personnel. On-scene U.S. Coast ready in the RNA, an upbound vessel Guard patrol personnel include com- shall adjust its speed so as to avoid a missioned, warrant, and petty officers meeting situation in the RNA. of the U.S. Coast Guard.

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(8) To request permission as required 093°52′26.4″ W; then bearing 121° T to a by these regulations, contact the Sec- point at 29°44′25.2″ N, 093°52′14.6″ W; tor Houston-Galveston Command Cen- then bearing 116° T to the shoreline at ter by telephone at (713) 671–5113. In 29°44′23.75 N, 093°52′00″ W. Freeport, vessels should contact the (2) The following areas are designated Captain of the Port’s designated on- as moving security zones: All waters of scene representative for the moving se- the Captain of the Port, Port Arthur curity zone on VHF Channel 16, or by Zone commencing at U.S. territorial telephone at (979) 233–7551. waters and extending from the surface (c) Certain vessel definition. For the to the bottom, channel edge to channel purposes of this section, certain vessel edge on the Sabine Bank and Sabine means any vessel within the 12 nau- Pass Channels and shoreline to shore- tical mile U.S. Territorial Waters and line on the Sabine-Neches Waterway, 2 bound for the Port of Freeport that is miles ahead and 1 mile astern of cer- deemed to be in need of a moving secu- tain designated vessels while in transit rity zone by the Captain of the Port, within in the Captain of the Port, Port Houston-Galveston for security rea- Arthur zone. Mariners would be noti- sons. In making this determination, fied of designated vessels by Broadcast the Captain of the Port considers all Notice to Mariners and the presence of relevant security factors, including but escort vessels displaying flashing blue not limited to the presence of unusu- law enforcement lights. ally harmful or hazardous substances (b) Regulations. (1) Entry into or re- and the risk to population or infra- maining in a fixed security zone de- structure. scribed in paragraph (a)(1) of this sec- (d) Informational broadcasts. The Cap- tion is prohibited for all vessels except: tain of the Port Houston-Galveston (i) Commercial vessels operating at will inform the public when moving se- waterfront facilities within these curity zones have been established zones; around certain vessels via Broadcast Notice to Mariners on VHF channel 16 (ii) Commercial vessels transiting di- and 13. Vessels that have a moving se- rectly to or from waterfront facilities curity zone in place around them will within these zones; display the international signal flag or (iii) Vessels providing direct oper- pennant number five. ational or logistical support to com- (e) Authority. In addition to 33 U.S.C. mercial vessels within these zones; 1231 and 50 U.S.C. 191, the authority for (iv) Vessels operated by the appro- this section includes 33 U.S.C. 1226. priate port authority or by facilities located within these zones; and [USCG–2008–0125, 75 FR 8490, Feb. 25, 2010] (v) Vessels operated by Federal, § 165.819 Security Zone; Sabine Bank State, county, or municipal law en- Channel, Sabine Pass Channel and forcement agencies. Sabine-Neches Waterway, TX. (2) Entry into or remaining in a mov- (a) Location. (1) The following LNG ing security zone described in para- facility mooring basins are designated graph (a)(2) of this section is prohibited as fixed security zones whenever LNG for all vessels except: carriers are moored within them: (i) Moored vessels or vessels anchored (i) Golden Pass LNG, Sabine TX: All in a designated anchorage area. A mooring basin waters south of a line moored or an anchored vessel in a secu- connecting the following points—be- rity zone described in paragraph (a)(2) ginning at 29°45′58″ N, 093°55′40″ W; then of this section must remain moored or east to a point at 29°45′52.8″ N, anchored unless it obtains permission 093°55′20.8″ W; then bearing 120° T to the from the Captain of the Port to do oth- shoreline at 29°45′50″ N, 093°55′17″ W. erwise; (ii) Sabine Pass LNG, Cameron Parish, (ii) Commercial vessels operating at LA: All mooring basin waters north of waterfront facilities located within the a line connecting the following zone; points—beginning at the shoreline in (iii) Vessels providing direct oper- position 29°44′34.7″ N, 093°52′29″ W; then ational support to commercial vessels southeast to a point at 29°44′31.4″ N, within a moving security zone;

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(iv) Vessels operated by Federal, of the Captain of the Port Pittsburgh State, county, or municipal law en- or his designated representative. forcement agencies. (c) Authority. In addition to 33 U.S.C. (3) Meeting, crossing or overtaking 1231, the authority for this section in- situations are not permitted within the cludes 33 U.S.C. 1226. security zone described in paragraph [COTP Pittsburgh–02–005, 67 FR 40163, June (a)(2) of this section unless specifically 12, 2002] authorized by the Captain of the Port. (4) Other persons or vessels requiring § 165.821 Ohio River at Cincinnati, OH; entry into security zones described in regulated navigation area. this section must request permission (a) Location. The following is a regu- from the Captain of the Port, Port Ar- lated navigation area (RNA)—The thur or designated representative. waters of the Ohio River between mile (5) To request permission to enter a 466.0 and mile 473.0. security zone described in this section, (b) Activation. The restrictions in contact Vessel Traffic Service Port Ar- paragraphs (c) (1) through (4) are in ef- thur on VHF Channel 01A or 65A; by fect from one-half hour before sunset telephone at (409) 719–5070; by fax at to one-half hour after sunrise when the (409) 719–5090; or contact the Captain of Cincinnati, Ohio, Ohio River Gauge is the Port’s designated on-scene patrol at or above the 45 foot level. The Cap- vessel on VHF channel 13 or 16. tain of the Port, Louisville, Kentucky (6) All persons and vessels within a will publish a notice in the Local No- security zone described in this section tice to Mariners and will make an- must comply with the instructions of nouncements by Coast Guard Marine the Captain of the Port, Port Arthur, Information Broadcasts whenever the designated on-scene U.S. Coast Guard river level measured at the gauge acti- patrol personnel or other designated vates or terminates the navigation re- representatives. Designated on-scene strictions in this section. U.S. Coast Guard patrol personnel in- (c) Regulations. (1) Transit through clude commissioned, warrant, and the RNA by all downbound vessels tow- petty officers of the U.S. Coast Guard. ing cargoes regulated by Title 46 Code Designated representatives include of Federal Regulations Subchapters D Federal, State, local and municipal law and O with a tow length exceeding 600 enforcement agencies. feet excluding the tow boat is prohib- [USCG–2009–0316, 75 FR 65235, Oct. 22, 2010, as ited. amended at 76 FR 1521, Jan. 11, 2011] (2) No vessel shall loiter, anchor, stop, remain or drift without power at § 165.820 Security Zone; Ohio River any time within the navigation chan- Mile, 34.6 to 35.1, Shippingport, nel of the RNA. Pennsylvania. (3) All commercial vessels shall con- (a) Location. The following area is a tinually monitor VHF-FM channel 13 security zone: The waters of the Ohio on their radiotelephone while in or ap- River, extending 200 feet from the proaching the RNA. shoreline of the left descending bank (4) Between Ohio River miles 464.0 beginning from mile marker 34.6 and and 466.0, downbound vessels shall ending at mile marker 35.1. make a broadcast in the blind, on VHF- (b) Regulations. (1) Entry into or re- FM channel 13 announcing their esti- maining in this zone is prohibited un- mated time of entering the RNA. less authorized by the Coast Guard [CGD02–95–003, 61 FR 2417, Jan. 26, 1996. Re- Captain of the Port, Pittsburgh. designated by CGD 97–023, 62 FR 33365, June (2) Persons and vessels desiring to 19, 1997, as amended by USCG–1998–3799, 63 transit the area of the security zone FR 35533, June 30, 1998] may contact the Captain of the Port Pittsburgh at telephone number 412– § 165.822 Safety Zone; Fireworks Dis- 644–5808 or on VHF channel 16 to seek play, Kanawha River, WV. permission to transit the area. If per- (a) Safety zones. The following areas mission is granted, all persons and ves- are designated safety zones: all waters sels must comply with the instructions between the specified mile markers on

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the Kanawha River, described as follows in the Table to § 165.822(a):

TABLE TO § 165.822(a)

Event name Event location Scheduled date

West Virginia Special Olympics Fireworks Between mile 57.9 and 58.9, Charlestown, First Friday in June. Display. WV. West Virginia Symphony Sunday Fireworks Between mile 59.5 and 60.5, Charlestown, First Sunday in June. Display. WV. St. Albans Fireworks Display ...... Between mile 46.0 and 47.0, St. Albans, Last Saturday in June. WV.

(b) Enforcement. The Captain of the marker 532.5 and ending at mile mark- Port Ohio Valley or designated rep- er 532.9. resentative will inform the public (3) Quad Cities Generating Station Se- through broadcast notice to mariners curity Zone, Cordova, Illinois—all waters of the enforcement periods for the safe- of the Upper Mississippi River, extend- ty zones. ing 300 feet from the shoreline of the (c) Regulations. (1) In accordance with left descending bank beginning from the general regulations in § 165.23 of mile marker 506.3 and ending at mile this part, entry into this zone is pro- marker 507.3. hibited unless authorized by the Cap- (4) Prairie Island Nuclear Generating tain of the Port Ohio Valley or des- Facility Security Zone, Welch, Min- ignated representative. nesota—all waters of the Upper Mis- (2) Persons or vessels requiring entry sissippi River, extending 300 feet from into or passage through this zone must the shoreline of the right descending request permission from the Captain of bank beginning from mile marker 798.0 the Port Ohio Valley, or a designated and ending at 798.3. representative. They may be contacted (5) Clinton Power Station Security on VHF–FM Channels 13 or 16, or by Zone, Clinton, Illinois—all waters of telephone at (800) 253–7465. Lake Clinton in Dewitt County in East (3) All persons and vessels shall com- Central Illinois bounded by a dam con- ply with the instructions of the Cap- structed near the confluence of Salt tain of the Port Ohio Valley and des- Creek River mile 56 and the north fork ignated on-scene U.S. Coast Guard pa- of Salt Creek. The zone extends out 600 trol personnel. feet from shore. Boundaries of the zone (4) On-scene U.S. Coast Guard patrol begin at 40°10′30″ N, 88°50′30″ W; thence personnel include commissioned, war- east to 40°10′30″ N, 88°49′55″ W; thence rant, and petty officers of the U.S. south to 40°10′15″ N, 88°49′55″ W; thence Coast Guard. west to 40°10′15″ N, 88°50′30″ W; thence [USCG–2010–1015, 76 FR 28314, May 17, 2011] returning north to the origin. These coordinates are based upon [NAD 83]. § 165.825 Security Zones; Captain of (b) Regulations. (1) Entry into these the Port St. Louis, Missouri. security zones is prohibited unless au- (a) Location. The following areas are thorized by the Coast Guard Captain of security zones: the Port, St. Louis or designated rep- (1) Fort Calhoun Nuclear Power Station resentative. Security Zone, Fort Calhoun, Nebraska— (2) The Ft. Calhoun and Cooper secu- all waters of the Missouri River, ex- rity zones include a portion of the nav- tending 75 feet from the shoreline of igable channel of the Missouri River. the right descending bank beginning All vessels that may safely navigate from mile marker 645.6 and ending at outside of the channel are prohibited mile marker 646.0. from entering the security zone with- (2) Cooper Nuclear Station Security out the express permission of the Cap- Zone, Brownville, Nebraska—all waters tain of the Port St. Louis or designated of the Missouri River, extending 250 representative. Vessels that are re- feet from the shoreline of the right de- quired to use the channel for safe navi- scending bank beginning from mile gation are authorized entry into the

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zone but must remain within the chan- § 165.830 Regulated Navigation Area; nel unless expressly authorized by the Reporting Requirements for Barges Captain of the Port St. Louis or des- Loaded with Certain Dangerous ignated representative. Cargoes, Inland Rivers, Eighth Coast Guard District. (3) Persons or vessels requiring the Captain of the Port St. Louis’ permis- (a) Regulated Navigation Area. The fol- sion to enter the security zones must lowing waters are a regulated naviga- contact the Coast Guard Sector Upper tion area (RNA): the Mississippi River Mississippi River at telephone number above mile 235.0, Above Head of Passes, 319 524–7511 or on VHF marine channel including all its tributaries; the Atchafalaya River above mile 55.0, in- 16 or Marine Safety Detachment Quad cluding the Red River; the Ohio River Cities at telephone number 309 782–0627 and all its tributaries; and the Ten- or the Captain of the Port, St. Louis at nessee River from its confluence with telephone number 314 539–3091, ext. 3500 the Ohio River to mile zero on the Mo- in order to seek permission to enter bile River and all other tributaries be- the security zones. If permission is tween these two rivers. granted, all persons and vessels must (b) Enforcement and applicability. (1) comply with the instructions of the Beginning January 1, 2016, reporting Captain of the Port, St. Louis or des- requirements under this RNA will be ignated representative. enforced only when directed by the Dis- (4) Designated representatives are trict Commander or designated rep- commissioned, warrant, and petty offi- resentative under paragraphs (d)(1)(ix), cers of the U.S. Coast Guard. (d)(2)(iv), (f)(9), and (g)(4) of this sec- (c) Authority. In addition to 33 U.S.C. tion. Reporting points as listed in para- 1231, the authority for this section in- graph (e) of this section may be used to cludes 33 U.S.C. 1226. determine and inform where reporting is required. Compliance under other [COTP St. Louis–02–005, 67 FR 64043, Oct. 17, parts of this section is stayed until a 2002] future date published in the FEDERAL REGISTER, if determined necessary. § 165.827 Regulated Navigation Area; (2) This section applies to towing ves- Galveston Channel, TX. sel operators and fleeting area man- (a) Location. The following area is a agers responsible for CDC barges in the regulated navigation area: All waters RNA. This section does not apply to: of the Galveston Channel within the (i) Towing vessel operators respon- area from Latitude 29°20′19″ N, Lon- sible for barges not carrying CDCs gitude 094°46′36″ W, east to Latitude barges, or 29°20′06″ N, Longitude 094°46′15″ W, (ii) Fleet tow boats moving one or south to Latitude 29°19′47″ N, Longitude more CDC barges within a fleeting 094°46′27″ W, west to Latitude 29°19′51″ area. N, Longitude 094°46′45″ W, and north to (c) Definitions. As used in this sec- Latitude 29°20′19″ N, Longitude tion— 094°46′36″ W. Barge means a non-self propelled vessel engaged in commerce, as set out in (b) Regulations. (1) Vessels navigating 33 CFR 160.202. this area must do so at a minimum safe Certain Dangerous Cargo or (CDC) in- speed so as to not cause any wake. cludes any of the following: (2) Vessels may proceed at greater (1) Division 1.1 or 1.2 explosives as de- than a minimum safe speed with per- fined in 49 CFR 173.50. mission of the Captain of the Port (2) Division 1.5D blasting agents for Houston-Galveston or a designated rep- which a permit is required under 49 resentative. CFR 176.415 or, for which a permit is re- (3) To request permission as required quired as a condition of a Research and by these regulations, contact the Sec- Special Programs Administration ex- tor Houston-Galveston Command Cen- emption. ter by telephone at (713)671–5113. (3) Division 2.3 ‘‘poisonous gas’’, as listed in 49 CFR 172.101 that is also a [USCG–2009–0931, 75 FR 47715, Aug. 9, 2010] ‘‘material poisonous by inhalation’’ as

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defined in 49 CFR 171.8, and that is in a that is located in a different port than quantity in excess of 1 metric ton per where the voyage originated. barge. Towing vessel operator means the Cap- (4) Division 5.1 oxidizing materials tain or pilot who is on watch on board for which a permit is required under 49 a towing vessel. CFR 176.415 or, for which a permit is re- Upbound means the tow is traveling quired as a condition of a Research and against the current. Special Programs Administration ex- (d) Regulations. The following must emption. report to the Eighth District CDC Re- (5) A liquid material that has a pri- porting Unit Eighth District (D8 mary or subsidiary classification of Di- CDCRU): vision 6.1 ‘‘poisonous material’’ as list- (1) The towing vessel operator reed in 49 CFR 172.101 that is also a ‘‘ma- sponsible for one or more CDC barges terial poisonous by inhalation’’, as de- in the RNA must report all the infor- fined in 49 CFR 171.8 and that is in a mation items specified in table bulk packaging, or that is in a quan- 165.830(f), in paragraph (f) of this sec- tity in excess of 20 metric tons per tion, to the D8 CDCRU: barge when not in a bulk packaging. (i) Upon point of entry into the RNA (6) Class 7, ‘‘highway route controlled with one or more CDC barges; quantity’’ radioactive material or (ii) Four hours before originating a ‘‘fissile material, controlled ship- voyage within the RNA with one or ment’’, as defined in 49 CFR 173.403. more CDC barges, except if the evo- (7) Bulk liquefied chlorine gas and lution of making up a tow with a CDC bulk liquefied gas cargo that is flam- barge will take less than four hours be- mable and/or toxic and carried under 46 fore originating a voyage, and the tow- CFR 154.7. ing vessel operator did not receive the (8) The following bulk liquids— order to make up a tow with a CDC (i) Acetone cyanohydrin, barge in advance of four hours before (ii) Allyl alcohol, originating the voyage with one or (iii) Chlorosulfonic acid, more CDC barges, in which case the (iv) Crotonaldehyde, towing vessel operator shall submit the (v) Ethylene chlorohydrin, required report to the D8 CDCRU as (vi) Ethylene dibromide, soon as possible after receiving orders (vii) Methacrylonitrile, to make up a tow with one or more (viii) Oleum (fuming sulfuric acid), CDC 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; Eighth Coast Guard District means the (v) At designated reporting points, Coast Guard District as set out in 33 set forth in paragraph (e) of this sec- CFR 3.40–1. tion; Fleeting area means any fleet, includ- (vi) When the estimated time of ar- ing any facility, located within the rival (ETA) to a reporting point varies area covered by one single port. by 6 hours from the previously reported Fleet tow boat means any size vessel ETA; that is used to move, transport, or de- (vii) Any significant deviation from liver a CDC barge within a fleeting previously reported information; area. (viii) Upon departing the RNA with Eighth District CDC Reporting Unit or one or more CDC barges; and (D8 CDCRU) means the Coast Guard of- (ix) When directed by the District fice that is responsible for collecting Commander or designated representa- the information required by this sec- tive. tion. (2) The fleeting area manager respon- Towing vessel means any size vessel sible for one or more CDC barges in the that is used to move, transport, or de- RNA must report all the information liver a CDC barge to a fleet or facility items specified in table 165.830(g), in

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paragraph (g) of this section, to the D8 (ix) Arriving Melvin Price L&D CDCRU: (downbound) (i) Once daily, report all CDC barges (x) Departing Melvin Price L&D (upbound) within the fleeting area; (xi) M 150.0–145.0 (xii) M 66.0–61.0 (ii) Upon moving one or more CDC (3) Missouri River (MOR), between Mile barges within a fleeting area by a fleet Markers (M): tow boat; (i) M 54.0–56.0 (iii) Any significant deviation from (ii) M 115.0–117.0 previously reported information; and (iii) M 208.0–210.0 (iv) When directed by the District (iv) M 326.0–328.0 Commander or designated representa- (v) M 397.0–399.0 tive. (vi) M 487.0–489.0 (vii) M 572.0–574.0 (3) Reports required by this section (viii) M 652.0–654.0 may be made by a company representa- (ix) M 745.0–750.0 tive or dispatcher on behalf of the (4) Illinois River (ILR), at Mile Marker (M) fleeting area manager. and Lock & Dam (L&D), as indicated: (4) When required, reports under this (i) M 0.0 section must be made either by email (ii) Departing New LaGrange L&D at [email protected] or via phone (iii) M 140.0 or fax as provided in the notification as (iv) M 187.2 (Entering & Exiting RNA) directed by the District Commander or (5) Ohio River, between Mile Markers (M) and at Lock & Dam (L&D), as indicated: designated representative through the (i) M 950.0–952.0 D8 CDCRU. Notification of when and (ii) Arriving Smithland L&D where reporting is required may be (iii) M 826.0–828.0 made through Marine Safety Informa- (iv) M 748.0–750.0 tion Bulletins, Notices of Enforcement, (v) M 673.0–675.0 email and/or through industry out- (vi) M 628.0–630.0 reach. At all other times, reporting (vii) M 556.0–559.0 under this section is not required and (viii) M 511.0–513.0 communications should be directed to (ix) Departing Capt Anthony Meldahl L&D (x) Arriving Greenup L&D (upbound) the Captain of the Port. (xi) Departing Greenup L&D (downbound) (5) The general regulations contained (xii) Departing Robert C. Byrd L&D in 33 CFR 165.13 apply to this section. (upbound) (e) Eighth Coast Guard District Inland (xiii) Arriving Robert C. Bryd L&D River RNA Reporting points. Towing ves- (downbound) sel operators responsible for one or (xiv) Departing Belleville L&D more CDC barges in the RNA must (xv) Departing Hannibal L&D make reports to the D8 CDCRU at each (xvi) Departing Montgomery L&D (6) Allegheny River at Lock & Dam (L&D), as point listed in this paragraph (e): indicated: (1) Lower Mississippi River (LMR), between (i) Departing L&D 4 (upbound) Mile Markers (M): (ii) Arriving L&D 4 (downbound) (i) M 235.0–240.0 (Entering & Exiting RNA) (7) Monongahela River Departing Lock & (ii) M 338.0–343.0 Dam (L&D): (iii) M 430.0–435.0 (i) Grays Landing L&D (iv) M 520.0–525.0 (ii) L&D 3 (v) M 621.0–626.0 (8) Kanawha River, at Lock & Dam (L&D), as (vi) M 695.0–700.0 indicated: (vii) M 772.0–777.0 (i) Arriving Winfield L&D (upbound) (viii) M 859.0–864.0 (ii) Departing Winfield L&D (downbound) (ix) M 945.0–950.0 (9) Cumberland River, between Mile Markers (2) Upper Mississippi River (UMR), between (M) and Departing Lock & Dam (L&D), Mile Markers (M) and Departing Lock & unless otherwise indicated: Dam (L&D), unless otherwise indicated: (i) Departing Old Hickory L&D (upbound) (i) L&D 3 (ii) Arriving Old Hickory L&D (downbound) (ii) L&D 4 (iii) M 127.0–129.0 (iii) L&D 8 (iv) Barkley L&D (iv) L&D 11 (10) Tennessee River, between Mile Markers (v) L&D 14 (M) and when Departing Lock & Dam (vi) L&D 18 (L&D), unless otherwise indicated: (vii) L&D 21 (i) Fort Loudon L&D (viii) L&D 25 (ii) Watts Bar L&D

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(iii) Departing Chickamauga L&D (15) McClellan-Kerr Arkansas River Naviga- (upbound) tion System, when Departing Lock & (iv) Arriving Chickamauga L&D Dam (L&D), unless otherwise indicated: (downbound) (i) Chouteau L&D (v) Nickajack L&D (ii) W.D. Mayo L&D (vi) Gunterville L&D (iii) Ozark-Jeta Taylor L&D (vii) General Joe Wheeler L&D (iv) L&D 9 (viii) Pickwick Landing L&D (v) Arriving David D. Terry L&D (upbound) (ix) M 122.0–124.0 (vi) Departing David D. Terry L&D (x) Kentucky L&D (downbound) (11) Tennessee-Tombigbee River, between (vii) L&D 2 Mile Markers (M) and when Departing (16) Red River, between Mile Markers (M) Lock & Dam (L&D): and when Departing Lock & Dam (L&D): (i) L.C. Boggs L&D (i) Lock D (ii) Lock 3 (ii) Aberdeen L&D (iii) M 178.0–180.0 (iii) Aliceville L&D (17) Atchafalaya River, at Mile Marker (M): (iv) M 202.0–203.0 (i) 55.0 (Entering & Exiting RNA) (v) Coffeeville L&D (ii) [Reserved] (12) Mobile River, at Mile Marker (M): (f) Information to be reported to the D8 (i) 0.0 (Entering & Exiting RNA) CDCRU by towing vessel operators. With (ii) [Reserved] the exception noted in paragraph (13) Black Warrior River, when Departing L&D: (d)(1)(ii) of this section, towing vessel (i) Holt L&D operators responsible for one or more (ii) [Reserved] CDC barges in the RNA must report all (14) Alabama River, when Departing L&D: the information required by this sec- (i) Claiborne L&D tion as set out in table 165.830(f) of this (ii) Henry L&D paragraph.

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Reporting PERATORS ) X X ) X 1 O arrival tination of CDC barge cluding esti- (fleeting area or facility), in- cation of des- Name and lo- mated time of ESSEL V ...... X ...... OWING or facility T Estimated time of departure from fleeting area BY ) ...... ) ...... ( ...... X 1 1 board of CDC on- Type, name and amount D8 CDCRU ) ( 1 ber Barge(s) name and official num- EPORTED TO THE R E Name of B vessel moving barge(s) O T contact number 24-hour NFORMATION 165.830(f)—I 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 representative...... 165.830(e) ...... hours from previously reported ETA ...... X X X X X ...... X ( ...... designated X ported information (all that apply) ...... X barge(s) X ...... X ...... X ...... or 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 District Commander

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(g) Information to be reported to the D8 report the information required by this CDCRU 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 D8 CDCRU 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 District Commander or designated representative...... X X X X

(h) Alternative reporting. The Eighth senger vessels that must comply with Coast Guard District Commander may 33 CFR parts 120 and 128. consider and approve alternative meth- (b) Location. The following areas are ods to be used by a reporting party to security zones: all waters of the Port of meet any reporting requirements if— Mobile and Mobile Ship Channel— (1) the request is submitted in writ- (1) Within 100 yards of a cruise ship ing to Commander, Eighth Coast Guard that is transiting shoreward of the Mo- District (m), Hale Boggs Federal Bldg., bile Sea Buoy (located in approximate 501 Magazine Street, New Orleans, LA position 28°07′50″ N, 88°04′12″ W; NAD 70130; and 83), and (2) the alternative provides an equiv- (2) Within 25 yards of a cruise ship alent level of the reporting that which that is moored shoreward of the Mobile would be achieved by the Coast Guard Sea Buoy. with the required check-in points. (c) Periods of enforcement. This rule (i) Deviation from this section is pro- will only be enforced when a cruise hibited unless specifically authorized ship is transiting the Mobile Ship by the Commander, Eighth Coast Channel shoreward of the Mobile Sea Guard District or designated represent- Buoy, while transiting in the Port of ative. Mobile, or while moored in the Port of Mobile. The Captain of the Port Mobile (Approved by the Office of Management and Budget under OMB control number 1625–0105) or a designated representative would inform the public through broadcast [CDG08–03–029, 68 FR 57363, Oct. 3, 2003; 68 FR notice to mariners of the enforcement 63988, Nov. 12, 2003, as amended at 68 FR periods for the security zone. 69959, Dec. 16, 2003; USCG–2005–21869, 80 FR 5336, Jan. 30, 2015; USCG–2013–0760, 80 FR (d) Regulations. (1) Under § 165.33 of 79480, Dec. 22, 2015] this part, entry into a security zone is prohibited unless authorized by the § 165.835 Security Zone; Port of Mo- Captain of the Port Mobile or a des- bile, Mobile Ship Channel, Mobile, ignated representative. AL. (2) While a cruise ship is transiting (a) Definition. As used in this sec- on the Mobile Ship Channel shoreward tion— of the Mobile Sea Buoy, and while Cruise ship means a passenger vessel transiting in the Port of Mobile, all over 100 gross tons, carrying more than persons and vessels are prohibited from 12 passengers for hire, making a voyage entering within 100 yards of a cruise lasting more than 24 hours any part of ship. which is on the high seas, and for (3) While a cruise ship is moored in which passengers are embarked or dis- the Port of Mobile, all persons and ves- embarked in the United States or its sels are prohibited from entering with- territories. This definition covers pas- in 25 yards of a cruise ship.

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(4) Persons or vessels that desire to asset displaying the applicable agency enter into the security zone for the markings and/or equipment associated purpose of passing or overtaking a with the agency. Escorted vessel also cruise ship that is in transit on the Mo- means a moored or anchored vessel bile Ship Channel or in the Port of Mo- that was escorted by Coast Guard as- bile must contact the on-scene Coast sets or other Federal, State, or local 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, warrant, and petty officers of the U.S. (2) In the process of coming up onto Coast Guard. or coming off a plane; or (3) Creating an excessive wake or [COTP Mobile–04–057, 70 FR 20813, Apr. 22, surge. 2005] (b) Regulated area. All navigable § 165.836 Security Zone; Escorted Ves- waters, as defined in 33 CFR 2.36, with- sels, Mobile, Alabama, Captain of in the Captain of the Port Zone, Mo- the Port. bile, Alabama, as described in 33 CFR (a) Definitions. The following defini- 3.40–10. 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

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must comply with the orders of the structions of the Captain of the Port or COTP or a designated representative. his or her designated representative. (e) Notice of security zone. The COTP (2) All persons and vessels must com- will inform the public of the existence ply with the instructions of the Coast or status of the security zones around Guard Captain of the Port or the des- escorted vessels in the regulated area ignated representative. by broadcast notices to mariners, nor- (3) Upon being hailed by U.S. Coast mally issued at 30-minute intervals Guard patrol personnel by siren, radio, while the security zones remains in ef- flashing light, or other means the oper- fect. Escorted vessels will be identified ator of a vessel must proceed as di- by the presence of Coast Guard assets rected. or other Federal, State or local law en- (4) The Coast Guard may be assisted forcement agency assets. by other Federal, State, or local agen- (f) Contact information. The COTP Mo- cies. bile may be reached via phone at (251) (5) In accordance with the general 441–6211. Any on scene Coast Guard or regulations in 33 CFR part 165.23, no designated representative assets may person or vessel may enter or remain be reached via VHF–FM channel 16. in the zone described in paragraph (a) of this section except for support ves- [USCG–2008–1013, 73 FR 67107, Nov. 13, 2008, as amended at 74 FR 22102, May 12, 2009] sels/aircraft and support personnel, or other vessels authorized by the Captain § 165.837 Safety Zone; Invista Inc Fa- of the Port Corpus Christi or his des- cility Docks, Victoria Barge Canal, ignated representative. Victoria, Texas. (e) Penalties. Vessels or persons vio- (a) Location. The following area is a lating this rule are subject to the pen- safety zone: All waters contained with- alties set forth in 33 U.S.C. 1232 and 50 in a 500-foot (152.5m) extension east and U.S.C. 192. west of the Invista Inc facility docks [USCG–2009–0797, 75 FR 13436, Mar. 22, 2010] while performing offloading operations. (b) Enforcement period. This rule will § 165.838 Regulated Navigation Area; be enforced for periods of 24–30 hours Gulf Intracoastal Waterway, Inner twice a month, from the time the over- Harbor Navigation Canal, New Or- sized barge docks at the Invista Inc fa- leans, LA. cility until the vessel departs the facil- (a) Location. The following is a regu- ity upon conclusion of its offloading lated navigation area (RNA): operations. The Captain of the Port (1) The Gulf Intracoastal Waterway Corpus Christi will issue a Broadcast (GIWW) from Mile Marker (MM) 22 Notice to Mariners before beginning East of Harvey Locks (EHL), west on enforcement and upon ceasing enforce- the GIWW, including the Michoud ment of the safety zone. Canal and the Inner Harbor Navigation (c) Definitions. The following defini- Canal (IHNC), extending North 1⁄2 mile tion applies to this section: from the Seabrook Flood Gate Complex designated representative means any out into Lake Pontchartrain and South commissioned, warrant, and petty offi- to the IHNC Lock. cers of the Coast Guard on board Coast (2) The Harvey Canal, between the Guard, Coast Guard Auxiliary, and Lapalco Boulevard Bridge and the con- local, state, and Federal law enforce- fluence of the Harvey Canal and the Al- ment vessels who have been authorized giers Canal; to act on the behalf of the Captain of (3) The Algiers Canal, from the Al- the Port Corpus Christi. giers Lock to the confluence of the Al- (d) Regulations. (1) Persons desiring giers Canal and the Harvey Canal; to transit the area of the safety zone (4) The GIWW from the confluence of may contact the Captain of the Port at Harvey Canal and Algiers Canal to MM telephone number 1–361–939–6393, or the 7.5 West of Harvey Locks (WHL) barge on VHF Channel 16 (156.800MHz) (b) Definitions. As used in this sec- to seek permission to transit the area. tion: If permission is granted, all persons (1) Breakaway means a floating ves- and vessels must comply with the in- sel that is adrift and that is not under

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its own power or the control of a (c) Enforcement. (1) The provisions of towboat, or secured to its moorings. paragraph (d) of this section will be en- (2) COTP means the Captain of the forced during a tropical event begin- Port, New Orleans; ning 24 hours in advance of the pre- (3) Facility means a fleeting, mooring, dicted closure of the IHNC Lake industrial facility or marina along the Borgne Surge Barrier structure within shoreline at which vessels are or can be the HSDRRS (IHNC & GIWW) in the moored and which owns, possesses, area defined in paragraph (a)(1) of this moors, or leases vessels located in the section. areas described in paragraph (a) of this (2) The provisions of paragraph (d) of section. this section will be enforced beginning (3) Fleet includes one or more tiers of 24 hours in advance of the predicted barges. closure of the West Closure Complex (4) Fleeting or mooring facility within the HSDRRS (Harvey & Algiers means the area along the shoreline at Canals) in the area defined in para- which vessels are or can be moored. graphs (a)(2) through (4) of this section. (3) If the Coast Guard receives notice (5) Floating vessel means any float- of a closure less than 24 hours before ing vessel to which the Ports and Wa- closure, the provisions of paragraph (d) terways Safety Act, 33 U.S.C. 1221 et of this section will be enforced upon seq., applies. the COTP receiving the notice of pre- (6) Mooring barge or spar barge dicted closing. means a barge moored to mooring de- (4) In the event that a particularly vices or secured to the ground by dangerous storm is predicted, the spuds, and to which other barges may COTP, in consultation with the Port be moored. Coordination Team, may require all (7) Mooring device includes a floating vessels to evacuate the RNA deadman, anchor, pile or other reliable beginning as early as 72 hours before holding apparatus. predicted closure of any navigational (8) Navigational structures are the structure or upon notice that particu- Seabrook Floodgate Complex, the larly dangerous storm conditions are IHNC Lake Borgne Surge Barrier, and approaching, whichever is less. the West Closure Complex components (5) The COTP will notify the mari- of the Hurricane and Storm Damage time community of the enforcement Risk Reduction System (HSDRRS). periods for this RNA through Marine (9) Person in charge includes any Safety Information Bulletins and Safe- owner, agent, pilot, master, officer, op- ty Broadcast Notices to Mariners. erator, crewmember, supervisor, dis- (d) Regulations. During the period patcher or other person navigating, that the RNA is enforced and before controlling, directing or otherwise re- closure of the navigational structures, sponsible for the movement, action, se- all floating vessels must depart the curing, or security of any vessel, barge, RNA except as follows: tier, fleet or fleeting or mooring facil- (1) Floating vessels may remain in ity subject to the regulations in this the Harvey and Algiers Canals, pro- section. vided they are moored sufficiently to (10) Tier means barges moored inter- prevent a breakaway and meet the dependently in rows or groups. minimum mooring requirements and (11) Port Coordination Team is a body conditions set forth in paragraphs (f) of public and private port stakeholders and (g) of this section. led by the COTP whose purpose is to (2) Floating vessels may remain in share information, establish priorities, the Michoud Canal at least 1⁄4 mile recommend and implement actions to north of the intersection of the address risks to ports and waterways Michoud Canal and the GIWW, the during incidents and events. GIWW from MM 15 EHL to MM 10 EHL, (12) Tropical Event means the time pe- provided they are moored sufficiently riod immediately preceding, during, to prevent a breakaway and meet the and immediately following the ex- minimum mooring requirements and pected impact of heavy weather from a conditions set forth in paragraphs (f) tropical cyclone. and (g) of this section.

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(3) During the period that the RNA is fighting pumps, bilge pumps, anchors, enforced and before closure of the navi- mooring machinery, etc.) each standby gational structures, vessels may tran- towboat. sit through the RNA en route to a des- (v) Characteristics for each vessel re- tination outside of the RNA given maining at the fleeting or mooring fa- there is sufficient time to transit prior cility, as applicable (length, breadth, to the closure of a navigational struc- draft, air draft, gross tonnage, hull ture, or they may transit to a facility type, horsepower, single or twin screw); within the RNA with which they have (vi) Details of mooring arrangements a prearranged agreement. These vessel in accordance with mooring require- movements and time critical decisions ments and conditions set forth in para- will be made by the COTP in consulta- graphs (g) and (h) of this section or tion with the Port Coordination Team. COTP case-by-case approved devi- (4) The COTP may review, on a case- ations; by-case basis, alternatives to minimum (vii) Certification by a professional mooring requirements and conditions engineer that the mooring arrange- set forth in paragraphs (f) and (g) of ments are able to withstand winds of this section and may approve a devi- up to 140 mph, a surge water level of ation to these requirements and condi- eleven feet, a current of four mph and tions should they provide an equivalent a wave height of three feet within the level of safety. canal basin in the area defined in para- (e) Special requirements for facilities. In graph (a)(1) of this section and a surge addition to the mooring and towboat water level of eight feet, a current of requirements discussed in paragraph (f) four mph, and a wave height of two and and (g) of this section, Facilities with- a half feet within the canal basin in the in the area described in paragraph (a) area defined in paragraphs (a)(2) of this section that wish to deviate through (4) of this section; from these restrictions because they (viii) Emergency contact information have vessels intending to remain with- for the owner/operator, and/or agent of in the areas allowed in paragraphs the facility/property. (d)(1) and (2) of this section shall com- (ix) 24-hour emergency contact infor- ply with the below documentation and mation for qualified individuals em- maintenance requirements in order to powered in writing by the owners/oper- obtain the COTP’s approval for their ators to make on-site decisions and au- vessel(s) to remain in the closed RNA. thorize expenditures for any required (1) Annual Hurricane Operations Plan. pollution response or salvage. All facilities that have vessels intend- (x) Full insurance disclosure to the ing to deviate from this RNA and re- COTP. Vessels moored to a facility main within the areas allowed in para- shall provide insurance information to graphs (d)(1) and (2) of this section the facility. shall develop an operations plan. The (2) Storm Specific Verification Report. operations plan shall be readily avail- 72 hrs prior to predicted closure of the able by May 1st of each calendar year navigational structures, those facili- for review by the COTP. The Annual ties which have vessels that intend to Hurricane Operations Plan shall in- remain within the RNA shall submit a clude: Storm Specific Verification Report to (i) A description of the maximum the COTP New Orleans. The require- number of vessels the facility intends ments for this Storm Specific to have remaining at any one time dur- Verification Report are located in the ing hurricane season. Canal Hurricane Operations Plan, (ii) A detailed plan for any vessel(s) which is Enclosure Six to the Sector that are intended to be sunk/grounded New Orleans Maritime Hurricane Con- in place when the RNA is enforced if tingency Port Plan, http://home- evacuation is not possible. port.uscg.mil/nola. The report shall in- (iii) A diagram of the waterfront fa- clude: cility and fleeting area. (i) Updated contact information, in- (iv) Name, call sign, official number, cluding names of manned towboat(s) and operational status of machinery on and individuals remaining on the board (i.e., engines, generators, fire towboat(s).

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(ii) Number of vessels currently (7) The person who observes the ves- moored and mooring configurations if sels shall: less than stated in Annual Hurricane (i) Inspect for movements that are Operations Plan. unusual for properly secured vessels; (iii) If the number of vessels exceeds and the amount listed in the Annual Hurri- (ii) Take immediate action to correct cane Operations Plan, describe process each deficiency. and timeframe for evacuating vessels (f) Mooring requirements. Facility to bring total number of vessels into owners shall consider all requirements alignment with the Annual Hurricane within this section as minimum stand- Operations Plan. ards. Title 33 CFR 165.803, United Fa- (3) The person in charge of a facility cilities Criteria (UFC) 4–159 and Amer- shall inspect each mooring wire, chain, ican Society of the Civil Engineers line and connecting gear between (ASCE)7 should be utilized by Profes- mooring devices and each wire, line sional Engineers in the certification of and connecting equipment used to the Annual Hurricane Operations Plan. moor each vessel, and each mooring de- (1) No person may secure a vessel to vice. Inspections shall be performed ac- trees or to other vegetation. cording to the following timelines and guidance: (2) No person may allow a vessel to be moored with unraveled or frayed (i) Annually between May 1 and June lines or other defective or worn moor- 1 of each calendar year; and ing. (ii) After vessels are added to, withdrawn from, or moved at a facility, (3) No person may moor barges side each mooring wire, line, and con- to side unless they are secured to each necting equipment of each barge within other from fittings as close to each cor- each tier affected by that operation; ner of abutting sides as practicable. and (4) No person may moor barges end to (iii) At least weekly between June 1 end unless they are secured to each and November 30; and other from fittings as close to each cor- (iv) 72 hrs prior to predicted closure ner of abutting ends as practicable. of the navigation structures within (5) A vessel may be moored to moor- this RNA; or within 6 hrs of the pre- ing devices if both ends of that vessel dicted closure, if the notice of pre- are secured to mooring devices. dicted closure is less than 72 hrs. (6) Barges may be moored in tiers if (4) The person who inspects moorings each shoreward barge is secured to shall take immediate action to correct mooring devices at each end. any deficiency. (7) A vessel must be secured as near (5) Facility records. The person in as practicable to each abutting corner charge of a fleeting or mooring facility by: shall maintain, and make available to (i) Three parts of wire rope of at least the COTP, records containing the fol- 11⁄4 inch diameter with an eye at each lowing information: end of the rope passed around the (i) The time of commencement and timberhead, caval, or button; termination of each inspection. (ii) A mooring of natural or synthetic (ii) The name of each person who fiber rope that has at least the break- makes the inspection. ing strength of three parts of 11⁄4 inch (iii) The identification of each vessel, diameter wire rope; or barge entering or departing the fleet- (iii) Fixed rigging that is at least ing or mooring facility, along with the equivalent to three parts of 11⁄4 inch di- following information: ameter wire rope. (A) Date and time of entry and depar- (8) The person in charge shall ensure ture; and that all mooring devices, wires, chains, (B) The names of any hazardous lines and connecting gear are of suffi- cargo which the vessel is carrying. cient strength and in sufficient number (6) The person in charge of a facility to withstand forces that may be ex- shall ensure continuous visual surveil- erted on them by moored vessels/ lance of all vessels at the facility. barges.

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(g) Towboat Requirements. The person (b) Definitions. As used in this section in charge of a fleeting or mooring facil- the term ‘‘large cruise ship’’ is defined ity must ensure: as a vessel over 100 feet in length, car- (1) Each facility consisting of eight rying more than 500 passengers for or more vessels that are not under hire, making a voyage lasting more their own power must be attended by than 24 hours, any part of which is on at least one radar-equipped towboat for the high seas, and for which passengers every 50 vessels. are embarked or disembarked in the (2) Each towboat required must be: United States or its territories. (i) Able to secure any breakaways; (c) Regulations. (1) In accordance with (ii) Capable of safely withdrawing or the general regulations in 33 CFR Part moving any vessel at the fleeting or 165, Subpart C, no person or vessel may mooring facility; enter or remain in the Safety Zone ex- (iii) Immediately operational; cept for vessels authorized by the Cap- (iv) Radio-equipped; tain of the Port or Designated Rep- (v) No less than 800 horsepower; resentatives, except as provided for in (vi) Within 500 yards of the vessels. paragraph (c)(3) of this section. (3) The person in charge of each (2) For this section the Pilot direct- towboat required must maintain a con- ing the movement of the large cruise tinuous guard on the frequency speci- ship under the authority of the master fied by current Federal Communica- has the authority to allow other ves- tions Commission regulations found in sels to enter the safety zone when nec- 47 CFR part 83; a continuous watch on essary. the vessels moored at facility; and re- (3) All vessels are prohibited from en- port any breakaway as soon as possible tering this safety zone unless author- to the COTP via telephone, radio or ized as follows: other means of rapid communication. (i) Vessels that have made suitable (h) Transient vessels will not be per- passing or overtaking arrangements mitted to seek safe haven in the RNA with the pilot onboard the large cruise except in accordance with a pre- ship may enter into this safety zone in arranged agreement between the vessel accordance with those agreed upon ar- and a facility within the RNA. rangements. (i) Penalties. Failure to comply with (ii) Moored vessels or vessels an- this section may result in civil or chored in a designated anchorage area criminal penalties pursuant to the may remain in their current moored or Ports and Waterways Safety Act, 33 anchored position while the large U.S.C. 1221 et seq. cruise ship transits the area. (iii) Barge Fleets or vessels working [USCG–2009–0139, 79 FR 21135, Apr. 15, 2014] a fleet may continue their current operations while the large cruise ship § 165.839 Safety Zone; Large Cruise transits the area. Ships; Lower Mississippi River, Southwest Pass Sea Buoy to Mile (4) Vessels requiring a deviation from Marker 96.0, New Orleans, LA. this rule must request permission from the Captain of the Port New Orleans. (a) Location. Within the Lower Mis- The Captain of the Port New Orleans sissippi River and Southwest Pass, may be contacted at (504) 365–2210. moving safety zones are established around all large cruise ships transiting [USCG–2010–0012, 77 FR 65818, Oct. 31, 2012] between the Southwest Pass Entrance Lighted Buoy ‘‘SW’’, at approximate § 165.840 Regulated Navigation Area, position 28°52′42″ N, 89°25′54″ W [NAD 83] Gulf of Mexico: Mississippi Canyon and Lower Mississippi River mile Block 20, South of New Orleans, LA. marker 96.0 in New Orleans, Louisiana. (a) Location. The following area is a The moving safety zone extends bank Regulated Navigation Area: A 300-foot to bank, encompassing all waters one- diameter area at the water surface cen- mile ahead and one-mile astern of a tered on the following coordinates: large cruise ship. The zone remains in 28°56’12.619’’N, 008°58’10.303’’W, and ex- effect during the entire transit of the tending the entire water column from large cruise ship. the surface to the seabed.

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(b) Regulations. (1) In accordance with (iv) Speed; the general regulations in § 165.11 of (v) Under keel clearance; this part, all vessels are prohibited (vi) Hours of transit; and from anchoring, mooring, fishing, or (vii) One way traffic. otherwise loitering in the above de- (3) All persons and vessels must com- scribed area except as authorized by ply with any requirement prescribed the Captain of the Port, New Orleans. under paragraph (c)(2) of this section. (2) Persons or vessels requiring devi- (4) Persons or vessels may request an ations from this rule must request per- exception from any requirement pre- mission from the Captain of the Port scribed under paragraph (c)(2) of this New Orleans. The Captain of the Port section from the COTP Ohio Valley or New Orleans may be contacted by tele- a designated representative who may phone at (504) 365–2200. be a commissioned, warrant, or petty [USCG–2013–0064, 78 FR 59236, Sept. 26, 2013] officer of the Coast Guard. The COTP Ohio Valley may be contacted by tele- § 165.842 Safety Zone; Upper Mis- phone at 1–800–253–7465 or on VHF–FM sissippi River between mile 38.0 channel 16. and mile 46.0, Thebes, IL; and be- (d) Enforcement. The COTP Ohio Val- tween mile 78.0 and mile 81.0, ley will notify the public of the specific Grand Tower, IL. requirements prescribed under para- (a) Location. The following areas are graph (c)(2) of this section and of the safety zones: All waters of the Upper times when those requirements will be Mississippi River from mile 38.0 to mile enforced or when enforcement will be 46.0, Thebes, IL; and from mile 78.0 to suspended, using means designed to en- mile 81.0, Grand Tower, IL, extending sure maximum effectual notice includ- the entire width of the river. ing, but not limited to, broadcast no- (b) Effective dates. These safety zones tices to mariners (BNM) and commu- are effective beginning November 10, nications through the River Industry 2014. Enforcement times and the re- Action Committee. quirements of this safety zones will be noticed as soon as is practicable before [USCG–2013–0907, 79 FR 66626, Nov. 10, 2014] subsurface rock removal operations begin, actual notice will be used and § 165.843 Moving Security Zone; Es- corted Vessels; Lower Mississippi additional notices made through River; New Orleans, LA. Broadcast Notices to Mariners (BNM), or Local Notices to Mariners (LNM). (a) Definitions. The following defini- (c) Regulations. (1) In accordance with tions apply to this section: the general regulations in § 165.23 of COTP means Captain of the Port New this part, entry into this area is pro- Orleans, LA. hibited unless authorized by the Cap- Designated representatives means tain of the Port (COTP) Ohio Valley or Coast Guard Patrol Commanders in- a designated representative. cluding Coast Guard coxswains, petty (2) The Captain of the Port (COTP) officers and other officers operating Ohio Valley may prescribe, for all or Coast Guard vessels, and Federal, specific portions of the safety zones, State, and local officers designated by periods of enforcement and minimum or assisting the COTP, in the enforce- operational requirements necessary to ment of the security zone. enter, transit through, or stop within Escorted vessel means a vessel, other the safety zone in order to preserve than a large U.S. naval vessel as de- safe navigation on the Upper Mis- fined in 33 CFR 165.2015, that is accom- sissippi River during subsurface rock panied by one or more Coast Guard as- removal operations and clearing of ves- sets or other Federal, State or local sel queues following rock removal op- law enforcement agency assets clearly erations, including, but not limited to, identifiable by flashing lights, vessel the required use of assist vessels; and markings, or with agency insignia as restrictions on the following: follows: Coast Guard surface or air (i) Tow size; asset displaying the Coast Guard insig- (ii) Tow configuration; nia. State and/or local law enforcement (iii) Vessel/barge draft; asset displaying the applicable agency

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markings and/or equipment associated rity zone without the permission of the with the agency. Captain of the Port. Section 165.33 also Minimum safe speed for navigation contains other general requirements. means the speed at which a vessel pro- (2) Vessels may request permission ceeds when it is fully off plane, com- from the Captain of the Port New Orle- pletely settled in the water and not ans through the on-scene Coast Guard creating excessive wake or surge. Due or other agency asset to enter the secu- to the different speeds at which vessels rity zone described in paragraph (c) of of different sizes and configurations this section. may travel while in compliance with (i) If permission to enter and transit this definition, no specific speed is as- through the security zone is granted, signed to a minimum safe speed for the vessel shall operate at the min- navigation. In no instance should minimum speed necessary to maintain a imum safe speed be interpreted as a safe course, unless required to main- speed less than that required for a par- tain speed by the Navigation Rules, ticular vessel to maintain steerageway. and must proceed as directed by the A vessel is not proceeding at minimum COTP or a designated representative. safe speed if it is: When within the security zone, no ves- (i) On a plane; sel or person is allowed within 50 yards (ii) In the process of coming up, onto of the escorted vessel unless authorized or coming off a plane; or by the Coast Guard. (iii) Creating an excessive wake or (ii) [Reserved] surge. (f) Contact information. The COTP (b) Regulated area. All navigable New Orleans may be reached via phone waters, as defined in 33 CFR 2.36, on the at (504) 365–2200. Any on-scene Coast Lower Mississippi River between river Guard or designated representative as- miles 90.0 to 106.0 Above Head of Passes sets may be reached via VHF–FM chan- (AHP), New Orleans, Louisiana. nel 16 or 67. (c) Security zone. A temporary moving [USCG–2014–0995, 81 FR 8649, Feb. 22, 2016] security zone, extending 300 yards in all directions of an escorted vessel, will NINTH COAST GUARD DISTRICT be established around each escorted vessel within the regulated area de- § 165.T09–0082 Safety Zone; Cleveland scribed in paragraph (b) of this section. Dragon Boat Festival and Head of The security zone will not extend be- the Cuyahoga, Cuyahoga River, yond the boundary of the regulated Cleveland, OH. area in this section. (a) Location. The following area is a (d) Notice of security zone. The COTP safety zone: All waters of the Cuyahoga will inform the public of the existence River, Cleveland, OH between a line or status of any temporary moving se- drawn perpendicular to the river banks curity zones around escorted vessels in from position 41°29′55″ N., 081°42′23″ W. the regulated area by broadcast notices (NAD 83) just past the Detroit-Superior to mariners. The broadcast notice to Viaduct bridge at MM 1.42 of the Cuya- mariners will inform the public of the hoga River south to a line drawn per- enforcement period, size of the zone, pendicular to the river banks at posi- and the navigable waters that will be tion 41°28′32″ N., 081°40′16″ W. (NAD 83) affected, and will normally be issued at just south of the Interstate 490 bridge approximately 30-minute intervals at MM 4.79 of the Cuyahoga River. while the moving security zone re- (b) Enforcement period. The third Sat- mains in effect. Escorted vessels will urday of September each year from 7 be identified by the presence of Coast a.m. to 4 p.m. Guard assets or other Federal, State or (c) Definitions. The following defini- local law enforcement agency assets tions apply to this section: clearly identified by flashing lights, (1) ‘‘On-scene Representative’’ means vessel markings, or agency insignia. any Coast Guard commissioned, war- (e) Regulations. (1) In accordance with rant, or petty officer designated by the the general regulations in § 165.33 of Captain of the Port Buffalo to monitor subpart D of this part, no person or a safety zone, permit entry into the vessel may enter or remain in a secu- zone, give legally enforceable orders to

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persons or vessels within the zones, and § 165.T09–0971 Safety zone; overhead take other actions authorized by the cable replacement, Maumee River, Captain of the Port. Toledo, OH. (2) ‘‘Public vessel’’ means vessels (a) Location. The following area is a owned, chartered, or operated by the temporary safety zone: all U.S. navi- United States, or by a State or polit- gable waters of the Maumee River, To- ical subdivision thereof. ledo, OH, starting from the CSX Rail- (d) Regulations. (1) In accordance with road Bridge at River Mile Marker 1.07 the general regulations in § 165.23 of and ending 700 feet down river from the this part, entry into, transiting, or an- CSX Railroad Bridge. choring within this safety zone identi- (b) Effective and enforcement period. fied in paragraph (a) of this section is This regulation will be enforced from prohibited unless authorized by the 8:30 a.m. on November 27, 2012 until 6:30 Captain of the Port Buffalo or his des- p.m. on December 7, 2012. This regula- ignated on-scene representative. tion will be enforced from 8:30 a.m. (2) The safety zone identified in para- until 6:30 p.m. on each day of this pe- graph (a) of this section is closed to all riod. vessel traffic, except as may be per- (c) Definitions. The following defini- mitted by the Captain of the Port Buf- tions apply to this section: falo or his designated on-scene rep- (1) ‘‘On-scene Representative’’ means resentative. any Coast Guard Commissioned, war- (3) Vessel operators desiring to enter rant, or petty officer designated by the or operate within the safety zone must Captain of the Port Detroit to monitor contact the Captain of the Port Buffalo a safety zone, permit entry into the or his on-scene representative to ob- zone, give legally enforceable orders to tain permission to do so. The Captain persons or vessels within the zones, and of the Port Buffalo or his on-scene rep- take other actions authorized by the resentative may be contacted via VHF Captain of the Port. Channel 16. Vessel operators given per- (2) ‘‘Public vessel’’ means vessels mission to enter or operate in the safe- owned, chartered, or operated by the ty zone must comply with all direc- United States, or by a State or polit- tions given to them by the Captain of ical subdivision thereof. the Port Buffalo, or his on-scene rep- (d) Regulations. (1) In accordance with resentative. the general regulations in § 165.23 of (4) Additionally, all vessels over 65 this part, entry into, transiting, or an- feet intending to transit, moor or con- choring within this safety zone is product operations to include loading or hibited unless authorized by the Cap- discharging of cargo or passengers in tain of the Port Detroit, or his des- the Cuyahoga River while the safety ignated representative. zone is being enforced should request permission from the COTP or his/her (2) This safety zone is closed to all designated representative at least 12 vessel traffic, excepted as may be per- hours before the zone is established. mitted by the Captain of the Port De- troit or his designated representative. (e) Exemption. Public vessels, as de- All persons and vessels must comply fined in paragraph (c) of this section, with the instructions of the Coast are exempt from the requirements in Guard Captain of the Port or his des- this section. ignated representative. Upon being (f) Waiver. For any vessel, the Cap- hailed by the U.S. Coast Guard by tain of the Port Buffalo or his des- siren, radio, flashing light or other ignated representative may waive any means, the operator of a vessel shall of the requirements of this section, proceed as directed. upon finding that operational condi- (3) All vessels must obtain permis- tions or other circumstances are such sion from the Captain of the Port or that application of this section is un- his designated representative to enter, necessary or impractical for the pur- move within, or exit the safety zone es- poses of public or environmental safe- tablished in this section when this ty. safety zone is enforced. Vessels and [USCG–2014–0082, 80 FR 51943, Aug. 27, 2015] persons granted permission to enter

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the safety zone must obey all lawful or- ern tangent of Mackinac Island at ders or directions of the Captain of the 45°53′12″ N, 84°38′48″ W. Port or a designated representative. (b) Lake Michigan. The following is a While within a safety zone, all vessels regulated navigation area—The waters must operate at the minimum speed of Lake Michigan known as Gray’s necessary to maintain a safe course. Reef Passage bounded by a line from (e) Exemption. Public vessels, as de- Gray’s Reef Light (LL–2006) at 45°46′00″ fined in paragraph (b) of this section, N, 85°09′12″ W; to White Shoals Light are exempt from the requirements in (LL–2003) at 45°50′30″ N, 85°08′06″ W; to a this section. point at 45°49′12″ N, 85°04′48″ W; then to (f) Waiver. For any vessel, the Cap- a point at 45°45′42″ N, 85°08′42″ W; then tain of the Port Detroit or his designated representative may waive any to the point of beginning. of the requirements of this section, (c) Regulations. The COTP, Sault Ste. upon finding that operational condi- Marie, will close and open these regu- tions or other circumstances are such lated navigation areas as ice conditions that application of this section is un- dictate. Under normal seasonal condi- necessary or impractical for the pur- tions, only one closing each winter and poses of public or environmental safe- one opening each spring are antici- ty. pated. Prior to the closing or opening (g) Notification. The Captain of the of the regulated navigation areas, the Port Detroit will notify the public that COTP will give interested parties, in- the safety zones in this section are or cluding both shipping interests and is- will be enforced by all appropriate land residents, not less than 72 hours means to the affected segments of the notice of the action. No vessel may public including publication in the navigate in a regulated navigation area FEDERAL REGISTER as practicable, in which has been closed by the COTP. accordance with 33 CFR 165.7(a). Such Under emergency conditions, the COTP means of notification may also include, may authorize specific vessels to navi- but are not limited to Broadcast Notice gate in a closed regulated navigation to Mariners or Local Notice to Mari- area. ners. The Captain of the Port will issue a Broadcast Notice to Mariners noti- [CGD 79–034, 47 FR 29660, July 8, 1982, as fying the public when enforcement of amended by CGD 79–026, 48 FR 35408, Aug. 4, the safety zone is cancelled. 1983] [USCG–2012–0971, 77 FR 71699, Dec. 4, 2012] § 165.902 Safety Zone; Lower Niagara River at Niagara Falls, New York. § 165.901 Great Lakes—regulated navigation areas. (a) The following is a safety zone— The United States waters of the Niag- (a) Lake Huron. The following are ara River from the crest of the Amer- regulated navigation areas: ican and Horseshoe Falls, Niagara (1) The waters of Lake Huron known as South Channel between Bois Blanc Falls, New York to a line drawn across Island and Cheboygan, Michigan; the Niagara River from the down- bounded by a line north from stream side of the mouth of Gill Creek Cheyboygan Crib Light (LL–1340) at to the upstream end of the breakwater 45°39′48″ N, 84°27′36″ W; to Bois Blanc Is- at the mouth of the Welland River. land at 45°43′42″ N, 84°27′36″ W; and a (b) The following is a safety zone— line north from the mainland at The United States waters of the Lower 45°43′00″ N, 84°35′30″ W; to the western Niagara River, Niagara Falls, NY from tangent of Bois Blanc Island at 45°48′42″ a straight line drawn from position N, 84°35′30″ W. 43°07′10.70″ N., 079°04′02.32″ W. (NAD 83) (2) The waters of Lake Huron be- and 43°07′09.41″ N., 079°04′05.41″ W. (NAD tween Mackinac Island and St. Ignace, 83) just south of the whirlpool rapids Michigan, bounded by a line east from from the east side of the river to the position 45°52′12″ N, 84°43′00″ W; to international border of the United Mackinac Island at 45°52′12″ N, 84°39′00″ States, to a straight line drawn from W; and a line east from the mainland position 43°06′34.01″ N., 079°03′28.04″ W. at 45°53′12″ N, 84°43′30″ W; to the north- (NAD 83) and 43°06′33.52″ N., 079°03′30.42″

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W. (NAD 83) at the International Rail- (8) The two hundred seventy (270) road Bridge. foot section on the east bank of the [CGD 79–034, 47 FR 29660, July 8, 1982, as river between the Columbus Road amended by USCG–2015–0492, 82 FR 23516, bridge (41 degrees 29′18.8″ N, 81 degrees May 23, 2017] 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. ′ ″ ′ ″ (1) From the point where the shore- degrees 29 33.7 N, 81 degrees 41 57.5 W. line intersects longitude 81°42′24.5″ W, which is the knuckle adjacent to the which is the southern side of the Nor- warehouse at Alpha Precast Products folk and Southern No. 1 railroad (United Ready Mix). bridge, southeasterly along the shore (11) Fifteen (15) feet downriver to fif- for six hundred (600) feet to the point teen (15) feet upriver from 41 degrees where the shoreline intersects lon- 29′41″ N, 81 degrees 41′38.6″ W, which is gitude 81°42′24.5″ W, which is the Holy the end of the chain link fence between Moses Water Taxi Landing at Fado’s The Club Mega and Shippers C & D. Restaurant. (b) Regulations—(1) General Rule. Ex- (2) One hundred (100) feet downriver cept as provided below, entry of any to one hundred (100) feet upriver from kind or for any purpose into the fore- 41 degrees 29′53.5″ N, 81 degrees 42′33.5″ going zones is strictly prohibited in ac- W, which is the knuckle on the north cordance with the general regulations side of the Old River entrance at On- in § 165.23 of this part. tario Stone. (2) Exceptions. Any vessel may tran- (3) Fifty (50) feet downriver to fifty sit, but not moor, stand or anchor in, (50) feet upriver from 41 degrees 29′48.4″ the foregoing zones as necessary to N, 81 degrees 42′44″ W, which is the comply with the Inland Navigation knuckle adjacent to the Ontario Stone warehouse on the south side of the Old Rules or to otherwise facilitate safe River. navigation. Cargo vessels of 1600 gross (4) From 41 degrees 29′51.1″ N, 81 de- tons (GT) or greater may moor in these grees 42′32.0″ W, which is the corner of zones when conducting cargo transfer Christie’s Cabaret pier at Sycamore operations. Slip on the Old River, to fifty (50) feet (3) Waivers. Owners or operators of east of 41 degrees 29′55.1″ N, 81 degrees docks wishing a partial waiver of these 42′27.6″ W, which is the north point of regulations may apply to the Captain the pier at Shooter’s Restaurant on the of the Port, Cleveland, Ohio. Partial Cuyahoga River. waivers will only be considered to (5) Twenty-five (25) feet downriver to allow for the mooring of vessels in a twenty-five (25) feet upriver of 41 de- safety zone when vessels of 1600 GT on grees 29′48.9″ N, 81 degrees 42′10.7″ W, greater are not navigating in the proxi- which is the knuckle toward the mate area. Any requests for a waiver downriver corner of the Nautica Stage. must include a plan to ensure imme- (6) Ten (10) feet downriver to ten (10) diate removal of any vessels moored in ′ ″ feet upriver of 41 degrees 29 45.5 N, 81 a safety zone upon the approach of a degrees 42′9.7″ W, which is the knuckle vessel(s) 1600 GTs or greater. toward the upriver corner of the Nautica Stage. [COTP Cleveland REG 89–01, 54 FR 9778, Mar. (7) The fender on the west bank of 8, 1989, as amended by CGD 09–95–018, 61 FR the river at 41 degrees 29′45.2″ N, 81 de- 37685, July 19, 1996; USCG–2000–7223, 65 FR grees 42.10″ W, which is the knuckle at 40059, June 29, 2000; USCG–2001–9286, 66 FR Bascule Bridge (railroad). 33642, June 25, 2001]

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§ 165.904 Lake Michigan at Chicago (2) Safety Zone #2 (South Spirit Lake): Harbor & Burnham Park Harbor— ° ′ ″ Safety and Security Zone. North Boundary: 46 40 45 N South Boundary: 46°40′33″ N (a) Location. All waters of Lake East Boundary: 92°11′40″ W Michigan within Burnham Park Harbor West Boundary: 92°12′05″ W shoreward of a line across the entrance (b) Transit of vessels through the of the harbor connecting coordinates waters covered by these zones is pro- ° ′ ″ ° ′ ″ ° ′ ″ 41 51 09 N, 087 36 36 W and 41 51 11 N, hibited. Swimming (including water ° ′ ″ 087 36 22 W. skiing or other recreational use of the (b) Effective times and dates. This safe- water which involves a substantial risk ty and security zone will be in effect at of immersion in the water) or taking of various times to be published in the fish (including all forms of aquatic ani- Coast Guard Local Notice to Mariners mals) from the waters covered by these or broadcasted via Marine Radio VHF- safety zones is prohibited at all times. FM Channels 16 & 22. These times will include the actual effective time and [CGD09–95–026, 60 FR 52862, Oct. 11, 1995] date and the termination time and date. § 165.906 Lakeside Yacht Club in Cleveland Harbor, Cleveland, OH— (c) Restrictions. (1) In accordance with regulated navigation areas. the general regulations in section 165.23 and 165.33 of this part, entry into (a) Restricted Areas. The following are this zone is prohibited, unless author- areas inside Cleveland Harbor which ized by the U.S. Coast Guard Captain of are subject to navigational restrictions the Port Lake Michigan, or the U.S. based on the height of vessel masts as Secret Service. Other general require- specified in paragraph (b) of this sec- ments in §§ 165.23 and 165.33 also apply. tion. For the purpose of this section, Further, no person may enter or re- the term ‘‘mast’’ will be used to in- main in the shoreline areas of the es- clude masts, antennae or any other tablished safety and security zone, un- portion of the vessel extending above less cleared by a Coast Guard or U.S. the waterline. All of these areas are in- Secret Service official. side the ‘‘Lakeside Yacht Club en- (2) Vessels in Burnham Park Harbor trance channel,’’ defined as the water at the commencement of the safety and area between the Lakeside Yacht Club security zone must be moored and re- jetties and the Burke Lakefront Air- main moored while the safety and secu- port landfill, or inside the ‘‘Lakeside rity zone is established, unless author- Yacht Club docks,’’ defined as the ized to get underway by a Coast Guard docking area inside the Lakeside Yacht or U.S. Secret Service official. Club jetties and immediately adjacent (3) No person may engage in swim- to Lakeside Yacht Club. ming, snorkeling, or diving within the (1) Restricted area no. 1. Restricted established safety and security zone, area no. 1 is the water area on the except with the permission of the Cap- southwest end of the Lakeside Yacht tain of the Port or U.S. Secret Service. Club entrance channel which is southwest of a line running 328° T and north- [CGD09–94–005, 59 FR 45227, Sept. 1, 1994, as west of a line running 232° T from a amended by USCG–2011–0489, 76 FR 63204, Oct. point at 41°31′28.00″ N, 81°40′02.60″ W, 12, 2011] which point is marked by a fixed flashing yellow light. § 165.905 USX Superfund Site Safety Zones: St. Louis River. (2) Restricted area no. 2. Restricted area no. 2 is the water area of the (a) The following areas of the St. Lakeside Yacht Club entrance channel Louis River, within the designated which is outside restricted area no. 1 boxes of latitude and longitude, are and the entrance to the Yacht Club safety zones: docking area, and southwest of a line (1) Safety Zone #1 (North Spirit Lake): running 328° T from the intersection of North Boundary: 46°41′33″ W 81°39′58.47″ W and reference line run- South Boundary: 46°41′18″ W ning between point A at 41°31′33.45″ N, East Boundary: 92°11′53″ W 81°39′47.45″ W and point B at 41°31′19.67″ West Boundary: 92°12′11″ W N, 81°40′19.17″ W.

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(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. west of a line running 328° T from the (c) Clearance procedures. Except dur- intersection of 81°39′58.47″ W and a ref- ing the times specified in paragraph erence line running between point A at (d), operators of vessels subject to 41°31′33.45″ N, 81°39′47.45″ W and point B these procedures must do the fol- at 41°31′19.67″ N, 81°40′19.17″ W, and lowing: northwest of the same reference line. (1) Obtain clearance from the Burke (5) Restricted area no. 5. Restricted Lakefront Air Traffic Control Tower area no. 5 is the area inside the Lake- before navigating through the re- side Yacht Club docks which is outside stricted area(s); restricted area 4 and northwest of a (2) Navigate promptly through the line 183 feet southeast and parallel to a area(s) at a safe and practical speed. reference line running between point A Navigation at a safe and practical at 41°31′33.45″ N, 81°39′47.45″ W and point speed includes brief stops at the fueling B at 41°31′19.67″ N, 81°40′19.17″ W. dock inside restricted area 3 by vessels (6) Restricted area no. 6. Restricted with masts between 63 and 95 feet in area no. 6 is the area inside the Lake- height; and side Yacht Club docks which is outside (3) Promptly inform the Burke Lake- restricted areas 4 and 5. front Air Traffic Control Tower after (b) Restrictions applicable to vessels of clearing the restricted area(s), or of certain heights. Vessels with masts of any difficulty preventing prompt clear- certain heights are subject to the fol- ance. The Burke Lakefront Air Traffic lowing restrictions with reference to Control Tower may be contacted on the restricted areas detailed in para- marine radio channel 14, or by tele- graph (a) of this section. The height of phone at (216) 781–6411 except as noted a vessel is the height above the water during the suspended hours listed in line of masts, antennas, navigational paragraph (d) of this section. The radio equipment, or any other structure. and telephone will be manned when the (1) Less than 41 feet. Vessels less than instrument guided approach system is 41 feet in height are not subject to any being utilized. restrictions under this section. (4) Clearance may also be obtained (2) 41 to 45 feet. Vessels at least 41 feet for longer periods or for groups of ves- in height yet less than 45 feet in height sels when arranged in advance with may not enter restricted area 1. Burke Lakefront Airport by any appro- (3) 45 to 53 feet. Vessels at least 45 feet priate means of communication, in- in height yet less than 53 feet in height cluding a prior written agreement. may not enter restricted area 1 and (d) Enforcement of clearance require- must comply with the clearance proce- ments. The clearance procedures speci- dures prescribed in paragraph (c) when fied in paragraph (c) of this section will navigating through restricted area 2. not be enforced during the following (4) 53 to 63 feet. Vessels at least 53 feet times: in height yet less than 63 feet in height (1) 11:00 p.m. n Fridays to 7:00 a.m. on may not enter restricted area 1, must Saturdays. comply with the clearance procedures (2) 11:00 p.m. on Saturdays to 8:00 prescribed in paragraph (c) of this sec- a.m. on Sundays. tion when navigating through re- (3) 12:00 midnight Sunday nights to stricted area 2, and may not dock in or 7:00 a.m. on Mondays. enter restricted area 4 at any time. (e) Enforcement. This section will not (5) 63 to 95 feet. Vessels at least 63 feet be enforced during any period in which in height yet less than 95 feet in height the Federal Aviation Administration

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withdraws approval for operation of an starting on the shoreline at 41°58.656′ N, instrument-only approach to runway 24 86°33.972′ W; then northwest to 41°58.769′ on the northeast end of Burke Lake- N, 86°34.525′ W; then southwest to front Airport. 41°58.589′ N, 86°34.591′ W; then southeast ° ′ ° ′ [CGD09–97–002, 64 FR 8006, Feb. 18, 1999] to the shoreline at 41 58.476 N, 86 34.038 W; and following along the shoreline § 165.907 [Reserved] back to the beginning. (4) Palisades Nuclear Power Plant. All § 165.909 [Reserved] waters of Lake Michigan around the Palisades Nuclear Power Plant within § 165.910 Security Zones; Captain of the Port Lake Michigan. a line starting on the shoreline at 42°19′07″ N, 86°19′05″ W; then northwest (a) Security zones. The following to 42°19′22″ N, 86°19′54″ W; then north to areas, defined by coordinates based 42°19′44″ N, 86°19′43″ W; then southeast upon North American Datum 1983, are back to the shoreline at 42°19′31″ N, security zones: 86°18′50″ W; then following along the (1) Jardine Water Filtration Plant—(i) Location. All waters of Lake Michigan shoreline back to the beginning. within the arc of a 100-yard radius with (5) Hammond Intake Crib. All navi- its center located on the north wall of gable waters bounded by the arc of a Jardine Water Filtration Plant, ap- circle with a 100-yard radius with its proximate position 41°53′46″ N, 087°36′23″ center in approximate position 41°42′15″ W; (NAD 83) N, 087°29′49″ W (NAD 83). (ii) Regulations. The Captain of the (6) Zion Nuclear Power Plant. All Port Lake Michigan will normally per- waters of Lake Michigan encompassed mit those U.S. Coast Guard certificated by a line starting on the shoreline at passenger vessels that normally load 42°26′36″ N, 87°48′03″ W; then southeast and unload passengers at Navy Pier to to 42°26′20″ N, 87°47′35″ W; then north- operate in the zone. However, should east to 42°26′53″ N, 87°47′22″ W; then the Captain of the Port Lake Michigan northwest to the shoreline at 42°27′06″ determine it is appropriate, he will re- N, 87°48′00″ W; then following along the quire even those U.S. Coast Guard cer- shoreline back to the beginning. tificated passenger vessels which nor- (7) 68th Street Water Intake Crib. All mally load and unload passengers at waters of Lake Michigan within the arc Navy Pier to request permission before of a circle with a 100-yard radius of the leaving or entering the security zones. 68th Street Crib with its center in ap- The Captain of the Port Lake Michigan proximate position 41°47′10″ N, 87°31′51″ will notify these vessels via Broadcast W. Notice to Mariners if they must notify (8) Dever Water Intake Crib. All waters the Coast Guard before entering or of Lake Michigan within the arc of a transiting the security zone. As such, circle with a 100-yard radius of the vessels that regularly operate within Dever Crib with its center in approxi- this zone are responsible for moni- mate position 41°54′55″ N, 87°33′20″ W. toring Broadcasts Notice to Mariners (9) All for the Chicago area. These broadcasts 79th Street Water Intake Crib. will be made by U.S. Coast Guard Sec- waters of Lake Michigan within the arc tor Lake Michigan. of a circle with a 100-yard radius of the (2) Dresden Nuclear Power Plant. All 79th Street Water Filtration Plant waters of the Illinois River in the vi- with its center in the approximate po- ° ′ ″ ° ′ ″ cinity of Dresden Nuclear Power Plant sition 41 45 30 N, 87 32 32 W. encompassed by a line starting on the (10) Wilson Avenue Intake Crib. All shoreline at 41°23′45″ N, 88°16′18″ W; then waters of Lake Michigan within the arc east to the shoreline at 41°23′39″ N, of a circle with a 100-yard radius of the 88°16′09″ W; then following along the Wilson Avenue Crib with its center in shoreline back to the beginning. approximate position 41°58′00″ N, (3) Donald C. Cook Nuclear Power 087°35′30″ W. (NAD83) Plant. All waters of Lake Michigan (11) Four Mile Intake Crib. All waters around the Donald C. Cook Nuclear of Lake Michigan within the arc of a Power Plant encompassed by a line circle with a 100-yard radius of the

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Four Mile Crib with its center in ap- (2) Ginna Nuclear Power Plant. The proximate position 41°52′40″ N, 087°32′45″ waters of Lake Ontario bounded by the W. (NAD83) following area, starting at 43°16.9′ N, (b) Regulations. (1) Under § 165.33, 077°18.9′ W; then north to 43°17.3′ N, entry into these zones is prohibited un- 077°18.9′ W; then east to 43°17.3′ N, less authorized by the Coast Guard 077°18.3′ W; then south to 43°16.7′ N, Captain of the Port Lake Michigan. 077°18.3′ W; then following the shoreline Section 165.33 also contains other gen- back to starting point (NAD 83). eral requirements. (3) Moses-Saunders Power Dam. The (2) All persons and vessels shall com- waters of the St. Lawrence River ply with the instruction of the Captain bounded by the following area, starting of the Port Lake Michigan or the des- at 45°00.73′ N, 074°47.85′ W; southeast fol- ignated on-scene U.S. Coast Guard pa- lowing the international border to trol personnel. On-scene patrol per- 45°00.25′ N, 074°47.56′ W; then southwest sonnel include commissioned, warrant, to 45°00.16′ N, 074°47.76′ W; then east to and petty officers of the U.S. Coast the shoreline at 45°00.16′ N, 074°47.93′ W; Guard on board Coast Guard, Coast then northwest to 45°00.36′ N, 074°48.16′ Guard Auxiliary, local, state, and fed- W; then northeast back to the starting eral law enforcement vessels. Emer- point (NAD 83). gency response vessels are authorized (4) The to move within the zone but must Long Sault Spillway Dam. abide by the restrictions imposed by waters of the St. Lawrence River the Captain of the Port. bounded by the following area, starting ° ′ ° ′ ° ′ (3) Persons who would like to transit at 44 59.5 N, 074 52.0 W; north to 45 00.0 ° ′ ° ′ ° ′ through a security zone in this section N, 074 52.0 W; east to 45 00.0 N, 074 51.6 ° ′ ° ′ must contact the Captain of the Port W, then south to 44 59.5 N, 074 51.6 W; Lake Michigan at telephone number then west back to the starting point (414) 747–7182 or on VHF channel 16 (NAD 83). (156.8 MHz) to seek permission to tran- (b) Regulations. (1) In accordance with sit the area. If permission is granted, § 165.33, entry into this zone is prohib- all persons and vessels shall comply ited unless authorized by the Coast with the instructions of the Captain of Guard Captain of the Port Buffalo. the Port Lake Michigan or his or her (2) Persons or vessels desiring to designated representative. transit the area of the Nine Mile Point (c) Authority. In addition to 33 U.S.C. and Fitzpatrick Nuclear Power Plants 1231 and 50 U.S.C. 191, the authority for or Ginna Nuclear Power Plant security this section includes 33 U.S.C. 1226. zones must contact the Captain of Port [CGD09–02–001, 67 FR 53502, Aug. 16, 2002; 67 Buffalo at telephone number (716) 843– FR 65041, Oct. 23, 2002, as amended by CGD09– 9570, or on VHF/FM channel 16 to seek 04–020, 69 FR 71709, Dec. 10, 2004; USCG–2011– permission to transit the area. Persons 0489, 76 FR 63204, Oct. 12, 2011; 76 FR 79537, desiring to transit the area of Moses- Dec. 22, 2011] Saunders Power Dam or Long Sault Spillway Dam security zones must con- § 165.911 Security Zones; Captain of tact the Supervisor, Marine Safety De- the Port Buffalo Zone. tachment Massena at telephone num- (a) Location. The following are secu- ber (315) 769–5483, or on VHF/FM chan- rity zones: nel 16 to seek permission to transit the (1) Nine Mile Point and Fitzpatrick Nu- area. If permission is granted, all per- clear Power Plants. The navigable sons and vessels shall comply with the waters of Lake Ontario bounded by the instructions of the Captain of the Port following coordinates: commencing at or his or her designated representative. 43°30.8′ N, 076°25.7′ W; then north to (c) Authority. In addition to 33 U.S.C. 43°31.2′ N, 076°25.7′ W; then east-north- 1231 and 50 U.S.C. 191, the authority for east to 43°31.6′ N, 076°24.9′ W; then east this section includes 33 U.S.C. 1226. to 43°31.8′ N, 076°23.2′ W; then south to 43°31.5′ N, 076°23.2′ W; and then fol- [CGD09–02–005, 67 FR 53500, Aug. 16, 2002, as lowing the shoreline back to the point amended by USCG–2010–0821, 75 FR 61100, Oct. of origin (NAD 83). 4, 2010]

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§ 165.912 Security Zone; Lake Erie, 42°19.72′ N, 083°01.88′ W; then proceeding Perry, OH. onshore to a point on land adjacent to (a) Location: The following area is a the Tricentennial State Park at security zone: all navigable waters of 42°19.79′ N, 083°01.90′ W; then proceeding Lake Erie bounded by a line drawn be- downriver along the shoreline to con- tween the following coordinates begin- nect back to the point of origin on land ning at 41°48.187′ N, 081°08.818′ W; then adjacent to the west end of the Joe due north to 41°48.7′ N, 081°08.818′ W; Louis Arena (NAD 83). This security then due east to 41°48.7′ N, 081°08.455′ W; zone will be enforced for two weeks in then due south to the south shore of the month of January with the exact Lake Erie at 41°48.231′ N, 081°08.455′ W; dates and times to be published annu- thence westerly following the shoreline ally via a Notice of Enforcement. back to the beginning (NAD 83). (b) Regulations. (1) In accordance with (b) Regulations. In accordance with § 165.33, entry into this zone is prohib- the general regulations in § 165.33 of ited unless authorized by the Coast this part, entry into this zone is pro- Guard Captain of the Port Detroit. Sec- hibited unless authorized by the Coast tion 165.33 also contains other general Guard Captain of the Port Cleveland, requirements. or the designated on-scene representa- (2) Persons desiring to transit tive. through either of these security zones, (c) Authority. In addition to 33 U.S.C. prior to transiting, must contact the 1231 and 50 U.S.C. 191, the authority for Captain of the Port Detroit at tele- this section includes 33 U.S.C. 1226. phone number (419) 418–6050, or on VHF/ FM channel 16 and request permission. [CGD09–02–006, 67 FR 52611, Aug. 13, 2002] If permission is granted, all persons § 165.914 [Reserved] and vessels shall comply with the instructions of the Captain of the Port or § 165.915 Security zones; Captain of his or her designated representative. the Port Detroit. (c) Authority. In addition to 33 U.S.C. (a) Security zones. The following areas 1231 and 50 U.S.C. 191, the authority for are security zones: this section includes 33 U.S.C. 1226. (1) Enrico Fermi 2 Nuclear Power Sta- [CGD09–02–011, 67 FR 46386, July 15, 2002, as tion. All waters and adjacent shoreline amended by USCG–2013–0034, 79 FR 4079, Jan. encompassed by a line commencing at 24, 2014] 41°58.4′ N, 083°15.4′ W; then northeast to 41°58.5′ N, 083°15.0′ W; then southeast to § 165.916 Security Zones; Captain of 41°58.2′ N, 083°13.7′ W; then south to the Port Milwaukee Zone, Lake 41°56.9′ N, 083°13.8′ W; then west to Michigan. 41°56.9′ N, 083°15.2′ W; then back to the (a) Location. The following are secu- starting point at 41°58.4′ N, 083°15.4′ W rity zones: (NAD 83). (1) Kewaunee Nuclear Power Plant. All (2) Davis Besse Nuclear Power Station. navigable waters of Western Lake All waters and adjacent shoreline en- Michigan encompassed by a line com- compassed by a line commencing at mencing from a point on the shoreline 41°36.1′ N, 083°04.7′ W; north to 41°37.0′ N, at 44°20.715′ N, 087°32.080′ W; then eas- 083°03.9′ W; east to 41°35.9′ N, 083°02.5′ W; terly to 44°20.720′ N, 087°31.630′ W; then southwest to 41°35.4′ N, 083°03.7′ W; then southerly to 44°20.480′ N, 087°31.630′ W; back to the starting point 41°36.1′ N, then westerly to 44°20.480′ N, 087°31.970′ 083°04.7′ W (NAD 83). W, then northerly following the shore- (3) North American International Auto line back to the point of origin (NAD Show, Detroit River, Detroit, MI. All 83). waters of the Detroit River encom- (2) Point Beach. All navigable waters passed by a line beginning at a point of of Western Lake Michigan encom- origin on land adjacent to the west end passed by a line commencing from a of Joe Lewis Arena at 42°19.44′ N, point on the shoreline at 44°17.06 N, 083°03.11′ W; then extending offshore ap- 087°32.15 W, then northeasterly to proximately 150 yards to 42°19.39′ N, 44°17.12 N, 087°31.59 W, then southeast- 083°03.07′ W; then proceeding upriver erly to 44°16.48 N, 087°31.42 W, then approximately 2000 yards to a point at southwesterly to 44°16.42 N, 087°32.02 W,

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then northwesterly along the shoreline (ii) Enforcement period. This safety back to the point of origin. All coordi- zone will be enforced each year on July nates are based upon North American 4 from 9 p.m. until 12:30 a.m. on July 5. Datum 1983. If the July 4 fireworks are cancelled (b) Regulations. (1) In accordance with due to inclement weather, then this § 165.33, entry into this zone is prohib- section will be enforced on July 5 from ited unless authorized by the Coast 9 p.m. until 12:30 a.m. on July 6. Guard Captain of the Port Milwaukee. (3) Grand Marais Splash-In; Grand Section 165.33 also contains other gen- Marais, MI: eral requirements. (i) Location. All U.S. navigable waters (2) Persons desiring to transit the within the southern portion of West area of the security zone may contact Bay bound to the north by a line begin- the Captain of the Port at telephone ning approximately 175 feet south- number (414) 747–7155 or on VHF-FM southeast of the Lake Street Boat Channel 16 to seek permission to tran- Launch, extending 5280 feet to the east sit the area. If permission is granted, on a true bearing of 079 degrees. The all persons and vessels shall comply eastern boundary will then be formed with the instructions of the Captain of by a line drawn to the shoreline on a the Port or his or her designated rep- true bearing of 170 degrees. The west- resentative. ern and southern boundaries of the (c) Authority. In addition to 33 U.S.C. zone will be bound by the shoreline of 1231 and 50 U.S.C. 191, the authority for West Bay. The coordinates for this this section includes 33 U.S.C. 1226. zone are as follows: 46°40′22.32″ N, 085°59′00.66″ W, 46°40′32.04″ N, 085°57′46.14″ [CGD09–02–007, 67 FR 49578, July 31, 2002, as W, and 46°40′19.68″ N, 085°57′43.08″ W amended by CGD09–03–277, 69 FR 4242, Jan. [DATUM: NAD 83], with the West Bay 29, 2004] shoreline forming the South and West boundaries of the zone. § 165.918 Safety Zones; Annual events requiring safety zones in the Cap- (ii) Enforcement period. Each year on tain of the Port Sault Sainte Marie the second to last Saturday in June zone. from 2 p.m. until 5 p.m. (4) Sault Sainte Marie Fourth of July (a) The following areas Safety zones. Celebration Fireworks; Sault Sainte are designated safety zones: Marie, MI: (1) Marquette Fourth of July Celebra- (i) Location. All U.S. navigable waters tion Fireworks; Marquette, MI: of the St. Marys River within a 750-foot (i) Location. All U.S. navigable waters radius around the eastern portion of of Marquette Harbor within a 1000-foot the U.S. Army Corp of Engineers Soo radius of the fireworks launch site, Locks North East Pier, centered in po- centered approximately 1250 feet south sition: 46°30′19.66″ N, 084°20′31.61″ W of the Mattson Park Bulkhead Dock [DATUM: NAD 83]. and 450 feet east of Ripley Rock, at po- (ii) Enforcement period. This safety sition 46°32′21.7″ N, 087°23′07.60″ W zone will be enforced each year on July [DATUM: NAD 83]. 4 from 9 p.m. until 11:30 p.m. If the July (ii) Enforcement period. This safety 4 fireworks are cancelled due to in- zone will be enforced each year on July clement weather, then this section will 4 from 9 p.m. until 11 p.m. If the July be enforced July 5 from 9 p.m. until 4 fireworks are cancelled due to in- 11:30 p.m. clement weather, then this section will (5) St. Ignace Fourth of July Celebra- be enforced July 5 from 9 p.m. until 11 tion Fireworks; St. Ignace, MI: p.m. (i) Location. All U.S. navigable waters (2) Munising Fourth of July Celebration of East Moran Bay within a 700-foot ra- Fireworks; Munising, MI: dius from the fireworks launch site at (i) Location. All U.S. navigable waters the end of the Arnold Transit Mill Slip, of South Bay within a 600-foot radius centered in position: 45°52′24.62″ N, from the fireworks launch site at the 084°43′18.13″ W [DATUM: NAD 83]. end of the Munising City Dock, cen- (ii) Enforcement period. This safety tered in position: 46°24′50.08″ N, zone will be enforced each year on July 086°39′08.52″ W [DATUM: NAD 83]. 4 from 9 p.m. until 11:30 p.m. If the July

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4 fireworks are cancelled due to in- East Jordan, within the arc of a circle clement weather, then this section will with a 1000-foot radius from the fire- be enforced July 5 from 9 p.m. until works launch site in position 45°09′18″ 11:30 p.m. N, 085°07′48″ W [DATUM: NAD 83]. (6) Mackinac Island Fourth of July (ii) Enforcement period. Each year on Celebration Fireworks; Mackinac Island, Saturday of the third weekend of June MI: from 9 p.m. until 11 p.m. (i) Location. All U.S. navigable waters (10) National Cherry Festival Fourth of of Lake Huron within a 500-foot radius July Celebration Fireworks; Traverse City, of the fireworks launch site, centered MI: approximately 1000 yards west of (i) Location. All U.S. navigable Round Island Passage Light, at posi- waters of the West Arm of Grand Tra- tion 45°50′34.92″ N, 084°37′38.16″ W verse Bay within the arc of a circle [DATUM: NAD 83]. with a 1000-foot radius from the fire- (ii) Enforcement period. This safety works launch site located on a barge in zone will be enforced each year on July position 44°46′12″ N, 085°37′06″ W 4 from 9 p.m. until 11 p.m. If the July [DATUM: NAD 83]. 4 fireworks are cancelled due to in- (ii) Enforcement period. This safety clement weather, then this section will zone will be enforced each year on July be enforced July 5 from 9 p.m. until 11 4 from 9 p.m. until 11 p.m. If the July p.m. 4 fireworks are cancelled due to in- (7) Festivals of Fireworks Celebration clement weather, then this section will Fireworks; St. Ignace, MI: be enforced July 5 from 9 p.m. until 11 (i) Location. All U.S. navigable waters p.m. of East Moran Bay within a 700-foot ra- (11) Harbor Springs Fourth of July Cele- dius from the fireworks launch site at bration Fireworks; Harbor Springs, MI: the end of the Arnold Transit Mill Slip, centered in position: 45°52′24.62″ N, (i) Location. All U.S. navigable waters 084°43′18.13″ W [DATUM: NAD 83]. of Lake Michigan and Harbor Springs Harbor within the arc of a circle with (ii) Enforcement period. This safety zone will be enforced each year on a 1000-foot radius from the fireworks launch site located on a barge in posi- every Saturday following the 4th of ° ′ ″ ° ′ ″ July until the second Sunday in Sep- tion 45 25 30 N, 084 59 06 W [DATUM: tember from 9 p.m. to 11 p.m. If the NAD 83]. fireworks are cancelled on Saturday (ii) Enforcement period. This safety due to inclement weather, then this zone will be enforced each year on July section will be enforced on Sunday 4 from 9 p.m. until 11 p.m. If the July from 9 p.m. to 11 p.m. 4 fireworks are cancelled due to in- (8) Canada Day Celebration Fireworks; clement weather, then this section will Sault Sainte Marie, MI: be enforced July 5 from 9 p.m. until 11 (i) Location. All U.S. navigable waters p.m. of the St. Marys River within a 1200- (12) Bay Harbor Yacht Club Fourth of foot radius from the fireworks launch July Celebration Fireworks; Petoskey, MI: site, centered approximately 160 yards (i) Location. All U.S. navigable waters north of the U.S. Army Corp of Engi- of Lake Michigan and Bay Harbor Lake neers Soo Locks North East Pier, at within the arc of a circle with a 500- position 46°30′20.40″ N, 084°20′17.64″ W foot radius from the fireworks launch [DATUM: NAD 83]. site located on a barge in position (ii) Enforcement period. This safety 45°21′50″ N, 085°01′37″ W [DATUM: NAD zone will be enforced each year on July 83]. 1 from 9 p.m. until 11 p.m. If the July (ii) Enforcement period. This safety 1 fireworks are cancelled due to in- zone will be enforced each year on July clement weather, then this section will 3 from 9 p.m. until 11 p.m. If the July be enforced July 2 from 9 p.m. until 11 3 fireworks are cancelled due to in- p.m. clement weather, then this section will (9) Jordan Valley Freedom Festival be enforced July 4 from 9 p.m. until 11 Fireworks; East Jordan, MI: p.m. (i) Location. All U.S. navigable waters (13) Petoskey Fourth of July Celebration of Lake Charlevoix, near the City of Fireworks; Petoskey, MI:

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(i) Location. All U.S. navigable waters (i) Location. All U.S. navigable waters of Lake Michigan and Petoskey Har- of Lake Charlevoix, in the vicinity of bor, in the vicinity of Bay Front Park, Depot Beach, within the arc of a circle within the arc of a circle with a 1000- with a 1000-foot radius from the fire- foot radius from the fireworks launch works launch site located on a barge in site located in position 45°22′40″ N, position 45°19′08″ N, 085°14′18″ W 084°57′30″ W [DATUM: NAD 83]. [DATUM: NAD 83]. (ii) Enforcement period. This safety (ii) Enforcement period. Each year on zone will be enforced each year on July Friday of the fourth weekend of July 4 from 9 p.m. until 11 p.m. If the July from 9 p.m. until 11 p.m. 4 fireworks are cancelled due to in- (18) Charlevoix Venetian Festival Satur- clement weather, then this section will day Night Fireworks; Charlevoix, MI: be enforced July 5 from 9 p.m. until 11 (i) Location. All U.S. navigable waters p.m. of Round Lake within the arc of a cir- (14) Boyne City Fourth of July Celebra- cle with a 300- foot radius from the fire- tion Fireworks; Boyne City, MI: works launch site located on a barge in (i) Location. All U.S. navigable waters position 45°19′03″ N, 085°15′18″ W of Lake Charlevoix, in the vicinity of [DATUM: NAD 83]. Veterans Park, within the arc of a cir- (ii) Enforcement period. Each year on cle with a 1400-foot radius from the Saturday of the fourth weekend of July fireworks launch site located in posi- from 9 p.m. until 11 p.m. tion 45°13′30″ N, 085°01′40″ W [DATUM: (19) Elk Rapids Harbor Days Fireworks; NAD 83]. Elk Rapids, MI: (ii) Enforcement period. This safety (i) Location. All U.S. navigable waters zone will be enforced each year on July of Grand Traverse Bay, in the vicinity 4 from 9 p.m. until 11 p.m. If the July of Edward G. Grace Memorial Park, 4 fireworks are cancelled due to in- within the arc of a circle with a 1000- clement weather, then this section will foot radius from the fireworks launch be enforced July 5 from 9 p.m. until 11 site located in position 44°53′58″ N, p.m. 085°25′04″ W [DATUM: NAD 83]. (15) National Cherry Festival Air Show; Traverse City, MI: (ii) Enforcement period. Each year on (i) Location. All U.S. navigable waters the first Saturday of August from 9 of the West Arm of Grand Traverse Bay p.m. until 11 p.m. bounded by a line drawn from 44°46′48″ (20) Alpena Fourth of July Celebration N, 085°38′18″ W, then southeast to Fireworks, Alpena, MI: 44°46′30″ N, 085°35′30″ W, then southwest (i) Location. All U.S. navigable waters to 44°46′00″ N, 085°35′48″ W, then north- of Lake Huron within an 800-foot ra- west to 44°46′30″ N, 085°38′30″ W, then dius of the fireworks launch site lo- back to the point of origin [DATUM: cated near the end of Mason Street, NAD 83]. South of State Avenue, at position (ii) Enforcement period. Each year on 45°02′42″ N, 083°26′48″ W (NAD 83). Friday, Saturday, and Sunday of the (ii) Enforcement period. This safety first complete weekend of July from zone will be enforced each year on July noon until 4 p.m. 4 from 9 p.m. until 11 p.m. If the July (16) National Cherry Festival Finale 4 fireworks are cancelled due to in- Fireworks; Traverse City, MI: clement weather, then this section will (i) Location. All U.S. navigable waters be enforced July 5 from 9 p.m. until 11 and adjacent shoreline of the West Arm p.m. of Grand Traverse Bay within the arc (b) Definitions. The following defini- of a circle with a 1000-foot radius from tions apply to this section: the fireworks launch site located on a Designated representative means any barge in position 44°46′12″ N, 085°37′06″ Coast Guard commissioned, warrant, or W [DATUM: NAD 83]. petty officer designated by the Captain (ii) Enforcement Period. Each year on of the Port Sault Sainte Marie to mon- the second Saturday of July from 9 itor these safety zones, permit entry p.m. until 11 p.m. into these safety zones, give legally en- (17) Charlevoix Venetian Festival Fri- forceable orders to persons or vessels day Night Fireworks; Charlevoix, MI: within these safety zones, or take

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other actions authorized by the Cap- § 165.920 Regulated Navigation Area: tain of the Port Sault Sainte Marie. USCG Station Port Huron, Port Public vessel means a vessel owned, Huron, MI, Lake Huron. chartered, or operated by the United (a) Location. All waters of Lake States or by a State or political sub- Huron encompassed by the following: division thereof. starting at the northwest corner at (c) Regulations. (1) In accordance with 43°00.4′ N, 082°25.327′ W; then east to the general regulations in § 165.23 of 43°00.4′ N, 082°25.23.8′ W; then south to this part, entry into, transiting, or an- 43°00.3′ N, 082°25.238′ W; then west to choring within any of the safety zones 43°00.3′ N, 082°25.327′ W; then following listed in this section is prohibited un- the shoreline north back to the point less authorized by the Captain of the of origin (NAD 83). Port Sault Sainte Marie, or a des- (b) Special regulations. No vessel may ignated representative. fish, anchor, or moor within the RNA (2) All persons and vessels must com- without obtaining the approval of the ply with the instructions of the Coast Captain of the Port (COTP) Detroit. Guard Captain of the Port Sault Sainte Vessels need not request permission Marie or a designated representative. from COTP Detroit if only transiting Upon being hailed by the U.S. Coast through the RNA. COTP Detroit can be Guard by siren, radio, flashing light or reached by telephone at (313) 568–9560, other means, the operator of a vessel or by writing to: Sector Detroit, 110 shall proceed as directed. Mt. Elliot Ave., Detroit MI 48207–4380. (3) When a safety zone established by this section is being enforced, all ves- [CDG09–03–287, 69 FR 23103, Apr. 28, 2004, as sels must obtain permission from the amended by USCG–2012–0306, 77 FR 37315, Captain of the Port Sault Sainte Marie June 21, 2012] or a designated representative to enter, move within, or exit that safety zone. § 165.921 Regulated Navigation Area; Reporting Requirements for Barges Vessels and persons granted permission Loaded with Certain Dangerous to enter the safety zone shall obey all Cargoes, Illinois Waterway System lawful orders or directions of the Cap- located within the Ninth Coast tain of the Port Sault Sainte Marie or Guard District. a designated representative. While (a) Regulated Navigation Area. The fol- within a safety zone, all vessels shall lowing waters are a regulated naviga- operate at the minimum speed nection area (RNA): the Illinois Waterway essary to maintain a safe course. System above mile 187.2 to the Chicago (d) Suspension of enforcement. If the Lock on the Chicago River at mile 326.7 event concludes earlier than scheduled, and to the confluence of the Calumet the Captain of the Port Sault Sainte River and Lake Michigan at mile 333.5 Marie or a designated representative of the Calumet River. will issue a Broadcast Notice to Mari- (b) Enforcement and applicability. (1) ners notifying the public that enforce- Beginning January 1, 2016, reporting ment of the respective safety zone is requirements under this RNA will be suspended. enforced only when directed by the Dis- (e) Exemption. Public vessels, as de- trict Commander or designated rep- fined in paragraph (b) of this section, resentative under paragraphs (d)(1)(ix), are exempt from the requirements in (d)(2)(iv), (f)(9), and (g)(4) of this sec- this section. tion. Reporting points as listed in para- (f) Waiver. For any vessel, the Cap- graph (e) of this section may be used to tain of the Port Sault Sainte Marie or determine and inform where reporting a designated representative may, at his is required. Compliance under other or her discretion, waive any of the re- parts of this section is stayed until a quirements of this section, upon find- future date published in the FEDERAL ing that circumstances are such that REGISTER, if determined necessary. application of this section is unneces- (2) This section applies to towing ves- sary or impractical for the purposes of sel operators and fleeting area man- safety or environmental safety. agers responsible for CDC barges in the [USCG–2011–0188, 76 FR 31841, June 2, 2011] RNA. This section does not apply to:

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(i) Towing vessel operators respon- (viii) Oleum (fuming sulfuric acid), sible for barges not carrying CDCs and barges, or (ix) Propylene Oxide. (ii) Fleet tow boats moving one or CDC barge means a barge containing more CDC barges within a fleeting CDCs or CDC residue. area. Downbound means the tow is trav- (c) Definitions. As used in this sec- eling with the current. tion— Fleet tow boat means any size vessel Barge means a non-self propelled ves- that is used to move, transport, or de- sel engaged in commerce, as set out in liver a CDC barge within a fleeting 33 CFR 160.202. area. 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. Ninth District CDC Reporting Unit or (2) Division 1.5D blasting agents for ((D9 CDCRU)) means the Coast Guard which a permit is required under 49 office that is responsible for collecting CFR 176.415 or, for which a permit is re- the information required by this sec- quired as a condition of a Research and tion. Special Programs Administration ex- Ninth Coast Guard District means the emption. Coast Guard District as set out in 33 (3) Division 2.3 ‘‘poisonous gas’’, as CFR 3.45–1. listed in 49 CFR 172.101 that is also a Towing vessel means any size vessel ‘‘material poisonous by inhalation’’ as that is used to move, transport, or de- defined in 49 CFR 171.8, and that is in a liver a CDC barge to a fleet or facility quantity in excess of 1 metric ton per that is located in a different port than barge. where the voyage originated. (4) Division 5.1 oxidizing materials Towing vessel operator means the Cap- for which a permit is required under 49 tain or pilot who is on watch on board CFR 176.415 or, for which a permit is re- a towing vessel. quired as a condition of a Research and Upbound means the tow is traveling Special Programs Administration ex- against the current. emption. (d) Regulations. The following must (5) A liquid material that has a pri- report to the Ninth District CDC Re- mary or subsidiary classification of Di- porting Unit Eighth District (D9 vision 6.1 ‘‘poisonous material’’ as list- CDCRU): 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 D9 CDCRU: (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 D9 CDCRU as soon (vii) Methacrylonitrile, as possible after receiving orders to

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make up a tow with one or more CDC email and/or through industry out- barges; reach. At all other times, reporting (iii) Upon dropping off one or more under this section is not required and CDC barges at a fleeting area or facil- communications should be directed to ity; the Captain of the Port. (iv) Upon picking up one or more ad- (5) The general regulations contained ditional CDC barges from a fleeting in 33 CFR 165.13 apply to this section. area or facility; (e) Ninth Coast Guard District Illinois (v) At designated reporting points, Waterway System RNA Reporting points. set forth in paragraph of this section; Towing vessel operators responsible for (vi) When the estimated time of ar- one or more CDC barges in the RNA rival (ETA) to a reporting point varies must make reports to the D9 CDCRU at by 6 hours from the previously reported each point listed in this paragraph (e). ETA; (1) Illinois River (ILR) Upbound, at (vii) Any significant deviation from Mile Markers (M) and when Departing previously reported information; Lock & Dam (L&D)— (viii) Upon departing the RNA with (i) M 187.2 (Southern Boundary MSU one or more CDC barges; and Chicago AOR), (ix) When directed by the District (ii) M 303.5 Junction of Chicago Sani- Commander or designated representa- tary Ship Canal and Calumet-Sag tive. Channel, (2) The fleeting area manager respon- (iii) M 326.4 Thomas S. O’Brien L&D, sible for one or more CDC barges in the Calumet River, RNA must report all the information (iv) M 333.5 Confluence of Calumet items specified in table 165.921(g), in River and Lake Michigan, and paragraph (g) of this section, to the D9 (v) M 326.7 Chicago L&D, Chicago CDCRU: River. (i) Once daily, report all CDC barges (2) Illinois River (ILR) Downbound within the fleeting area; Reporting Points, at Mile Markers (M) (ii) Upon moving one or more CDC and when Departing Lock & Dam barges within a fleeting area by a fleet (L&D)— tow boat; (i) M 326.7 Chicago L&D, Chicago (iii) Any significant deviation from River, previously reported information; and (ii) M 333.5 Confluence of Calumet (iv) When directed by the District River and Lake Michigan, Commander or designated representa- (iii) M 326.4 Thomas S. O’Brien L&D, tive. Calumet River, (3) Reports required by this section (iv) M 303.5 Junction of Chicago Sani- may be made by a company representa- tary Ship Canal and Calumet-Sag tive or dispatcher on behalf of the Channel, and fleeting area manager. (v) M 187.2 (Southern Boundary MSU (4) When required, reports under this Chicago AOR). section must be made either by email (f) Information to be reported to the D9 at [email protected] or via phone CDCRU by towing vessel operators. With or fax as provided in the notification as the exception noted in paragraph directed by the District Commander or (d)(1)(ii) of this section, towing vessel designated representative through the operators responsible for one or more D9 CDCRU. Notification of when and CDC barges in the RNA must report all where reporting is required may be the information required by this sec- made through Marine Safety Informa- tion as set out in table 165.921(f) of this tion Bulletins, Notices of Enforcement, paragraph.

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of arrival (ETA) to next (If applicable) reporting point Estimated time point

Reporting ) X X 1 PERATORS arrival O tination of CDC barge cluding esti- (fleeting area or facility), in- Name and location of des- mated time of ESSEL V from facility time of area or fleeting ...... X departure Estimated OWING T ) ...... X ) ...... ( BY 1 1 of CDC onboard Type, name and amount ) ( 1 X D9 CDCRU official number Barge(s) name and vessel moving barge(s) Name of EPORTED TO THE R contact number 24-hour E 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 District Commander or designated representative ...... 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 D9 report the information required by this CDCRU 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 D9 CDCRU 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 District Commander or designated representative ...... X X X X

(h) Alternative reporting. The Ninth trim, draft, stability, or stresses of the Coast Guard District Commander may vessel. Likewise, it includes any water consider and approve alternative meth- taken on board due to free communica- ods to be used by a reporting party to tion between the hull of the vessel and meet any reporting requirements if— exterior water. Potable water is water (1) The request is submitted in writ- treated and stored aboard the vessel ing to Commander, Ninth Coast Guard that is suitable for human consump- District (m), 1240 E. Ninth Street, tion. Cleveland, Ohio, 44199–2060; and (ii) Vessels with non-potable water (2) The alternative provides an equiv- onboard are permitted to transit the alent level of the reporting that which safety zone if they have taken steps to would be achieved by the Coast Guard prevent the release, in any form, of with the required check-in points. that water in or on the other side of (i) Deviation from this section is pro- the safety zone. Alternatively, vessels hibited unless specifically authorized with non-potable water onboard are by the Commander, Ninth Coast Guard permitted to transit the safety zone if District or designated representative. they have plans to dispose of the water (Approved by the Office of Management and in a biologically sound manner. Budget under OMB control number 1625–1505) (iii) Vessels with non-potable water [CDG09–03–241, 68 FR 57622, Oct. 6, 2003, as aboard that intend to discharge on the amended by USCG–2005–21869, 80 FR 5336, other side of the zone must contact the Jan. 30, 2015; USCG–2013–0849, 80 FR 81189, Coast Guard’s Ninth District Com- Dec. 29, 2015] mander or his or her designated rep- § 165.923 Safety Zone and Regulated resentatives prior to transit and obtain Navigation Area, Chicago Sanitary permission to transit and discharge. and Ship Canal, Romeoville, IL. Examples of discharges that may be ap- (a) Safety Zone. (1) The following area proved include plans to dispose of the is a safety zone: All waters of the Chi- water in a biologically sound manner cago Sanitary and Ship Canal located or demonstrate through testing that between mile marker 296.1 and mile the non-potable water does not contain marker 296.7. potential live Silver or Asian carp, via- (2) Regulations. (i) All vessels are pro- ble eggs, or gametes. hibited from transiting the safety zone (iv) In accordance with the general with any non-potable water on board if regulations in § 165.23 of this part, they intend to release that water in entry into, transiting, or anchoring any form within, or on the other side of within this safety zone by vessels with the safety zone. Non-potable water in- non-potable water on board is prohib- cludes, but is not limited to, any water ited unless authorized by the Coast taken on board to control or maintain Guard’s Ninth District Commander, his

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or her designated representatives, or (H) Except for law enforcement and an on-scene representative. emergency response personnel, all per- (v) The Captain of the Port, Sector sonnel on vessels transiting the RNA Lake Michigan, may further designate should remain inside the cabin, or as an ‘‘on-scene’’ representative. The Cap- inboard as practicable. If personnel tain of the Port, Sector Lake Michi- must be on open decks, they must wear gan, or the on-scene representative a Coast Guard approved personal flota- may be contacted via VHF–FM radio tion device. Channel 16 or through the Coast Guard (I) Vessels may not moor or lay up on Sector Lake Michigan Command Cen- the right or left descending banks of ter at (414) 747–7182. the RNA. (b) Regulated Navigation Area. (1) The (J) Towboats may not make or break following is a regulated navigation tows if any portion of the towboat or area (RNA): all waters of the Chicago tow is located in the RNA. Sanitary and Ship Canal, Romeoville, (K) Persons on board any vessel IL located between mile marker 295.5 transiting this RNA in accordance with and mile marker 297.2. this rule or otherwise are advised they (2) Regulations. (i) The general regu- do so at their own risk. lations contained in 33 CFR 165.13 (c) Definitions. The following defini- apply. tions apply to this section: (ii) Vessels that comply with the fol- Bow boat means a towing vessel capa- lowing restrictions are permitted to ble of providing positive control of the transit the RNA: bow of a tow containing one or more (A) Vessels must be greater than 20 barges, while transiting the RNA. The feet in length. bow boat must be capable of preventing (B) Vessels must not be a personal or a tow containing one or more barges human powered watercraft (i.e. jet skis, from coming into contact with the wave runners, kayaks, row boats, etc.). shore and other moored vessels. (C) All up-bound and down-bound Designated representative means the barge tows that consist of barges car- Captain of the Port Lake Michigan and rying flammable liquid cargos (Grade A Commanding Officer, Marine Safety through C, flashpoint below 140 degrees Unit Chicago. Fahrenheit, or heated to within 15 de- On-scene representative means any grees Fahrenheit of flash point) must Coast Guard commissioned, warrant or engage the services of a bow boat at all petty officer who has been designated times until the entire tow is clear of by the Captain of the Port, Sector the RNA. Lake Michigan, to act on his or her be- (D) Vessels engaged in commercial half. The on-scene representative of the service, as defined in 46 U.S.C. 2101(5), Captain of the Port, Sector Lake may not pass (meet or overtake) in the Michigan, will be aboard a Coast RNA and must make a SECURITE call Guard, Coast Guard Auxiliary, or other when approaching the RNA to an- designated vessel or will be on shore nounce intentions and work out pass- and will communicate with vessels via ing arrangements. VHF–FM radio or loudhailer. (E) Commercial tows transiting the Vessel means every description of RNA must be made up with only wire watercraft or other artificial contriv- rope to ensure electrical connectivity ance used, or capable or being used, as between all segments of the tow. a means of transportation on water. (F) All vessels are prohibited from This definition includes, but is not lim- loitering in the RNA. ited to, barges. (G) Vessels may enter the RNA for (d) Compliance. All persons and ves- the sole purpose of transiting to the sels must comply with this section and other side and must maintain headway any additional instructions or orders of throughout the transit. All vessels and the Coast Guard’s Ninth District Com- persons are prohibited from dredging, mander or his or her designated rep- laying cable, dragging, fishing, con- resentatives. Any person on board any ducting salvage operations, or any vessel transiting this RNA in accord- other activity, which could disturb the ance with this rule or otherwise does so bottom of the RNA. at his or her own risk.

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(e) Waiver. For any vessel, the Coast the Captain of the Port Duluth or his Guard’s Ninth Coast Commander or his on-scene representative. or her designated representatives may [CGD09–06–122, 71 FR 66112, Nov. 13, 2006] waive any of the requirements of this section, upon finding that operational § 165.928 Security Zone; Mackinac conditions or other circumstances are Bridge, Straits of Mackinac, Michi- such that application of this section is gan. unnecessary or impractical for the pur- (a) Definitions. The following defini- poses of vessel and mariner safety. tions apply to this section: (1) Designated Representative means [USCG–2011–1108, 76 FR 77124, Dec. 12, 2011, as amended at 78 FR 42015, July 15, 2013] those persons designated by the Cap- tain of the Port to monitor these secu- § 165.927 Safety Zone; St. Louis River, rity zones, permit entry into these Duluth/Interlake Tar Remediation zones, give legally enforceable orders Site, Duluth, MN. to persons or vessels within these zones and take other actions authorized by (a) Location: The following area is a the Captain of the Port. Persons au- safety zone: All waters of Stryker Bay thorized in paragraph (e) to enforce 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 (3) Navigable waters of the United this part, entry into, transiting, or an- States means those waters defined as choring within this safety zone is pro- such in 33 CFR part 2. hibited unless authorized by the Cap- (4) Public vessel means vessels owned, tain of the Port Duluth, or his des- chartered, or operated by the United ignated on-scene representative. States, or by a State or political sub- (2) This safety zone is closed to all division thereof. vessel traffic, except as may be per- (5) Michigan Law Enforcement Officer mitted by the Captain of the Port Du- means any regularly employed member luth or his designated on-scene rep- of a Michigan police force responsible resentative. for the prevention and detection of (3) The ‘‘designated on-scene rep- crime and the enforcement of the gen- resentative’’ of the Captain of the Port eral criminal laws of Michigan as de- is any Coast Guard commissioned, war- fined in Michigan Compiled Laws sec- rant or petty officer who has been des- tion 28.602(l)(i). ignated by the Captain of the Port to (b) Security zone. The following area act on his behalf. The on-scene rep- is a security zone: All waters enclosed resentative of the Captain of the Port by a line connecting the following will be aboard either a Coast Guard or points: 45°50.763 N: 084°43.731 W, which Coast Guard Auxiliary vessel. The Cap- is the northwest corner; thence east to tain of the Port or his designated on- 45°50.705 N: 084°43.04 W, which is the scene representative may be contacted northeast corner; thence south to by calling Coast Guard Marine Safety 45°47.242 N: 084°43.634 W, which is the Unit Duluth at (218) 720–5286. southeast corner; thence west to (4) Vessel operators desiring to enter 45°47.30 N: 084°44.320 W, which is the or operate within the safety zone shall southwest corner; then north to the contact the Captain of the Port Duluth point of origin. The zone described to obtain permission to do so. Vessel above includes all waters on either side operators given permission to enter or of the Mackinac Bridge within one- operate in the safety zone shall comply quarter mile of the bridge. [Datum: with all directions given to them by NAD 1983].

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(c) Obtaining permission to enter or (g) Waiver. For any vessel, the Cap- move within, the security zone: All ves- tain of the Port Sault Ste. Marie may sels must obtain permission from the waive any of the requirements of this COTP or a Designated Representative section, upon finding that operational to enter or move within, the security conditions or other circumstances are zone established in this section. Ves- such that application of this section is sels with an operable Automatic Iden- unnecessary or impractical for the pur- tification System (AIS) unit should pose of port security, safety or environ- seek permission from the COTP or a mental safety. Designated Representative at least 1 (h) Enforcement period. This rule will hour in advance. Vessels with an oper- be enforced Labor Day of each year; 6 able AIS unit may contact VTS St. a.m. (local) to 11:59 p.m. (midnight) Marys River (Soo Traffic) on VHF (local). channel 12. Vessels without an operable [CGD09–06–019, 71 FR 45389, Aug. 9, 2006] AIS unit should seek permission at least 30 minutes in advance. Vessels § 165.929 Safety Zones; Annual events without an operable AIS unit may con- requiring safety zones in the Cap- tact Coast Guard Station St. Ignace on tain of the Port Lake Michigan VHF channel 16. zone. (d) Regulations. The general regula- (a) Regulations. The following regulations in 33 CFR part 165 subpart D, tions apply to the safety zones listed in apply to any vessel or person in the Table 165.929 of this section. navigable waters of the United States (1) The general regulations in 33 CFR to which this section applies. No per- 165.23. son or vessel may enter the security (2) All vessels must obtain permis- zone established in this section unless sion from the Captain of the Port Lake authorized by the Captain of the Port Michigan or his or her designated rep- or his designated representatives. Ves- resentative to enter, move within, or sels and persons granted permission to exit a safety zone established in this enter the security zone shall obey all section when the safety zone is en- lawful orders or directions of the Cap- forced. Vessels and persons granted tain of the Port or his designated rep- permission to enter one of the safety resentatives. All vessels entering or zones listed in this section must obey moving within the security zone must all lawful orders or directions of the operate at speeds which are necessary Captain of the Port Lake Michigan or to maintain a safe course and which his or her designated representative. will not exceed 12 knots. Upon being hailed by the U.S. Coast (e) Enforcement. Any Coast Guard Guard by siren, radio, flashing light or commissioned, warrant or petty officer other means, the operator of a vessel may enforce the rules in this section. must proceed as directed. In the navigable waters of the United (3) The enforcement dates and times States to which this section applies, for each of the safety zones listed in when immediate action is required and Table 165.929 are subject to change, but representatives of the Coast Guard are the duration of enforcement would re- not present or not present in sufficient main the same or nearly the same total force to provide effective enforcement number of hours as stated in the table. of this section, any Federal Law En- In the event of a change, the Captain of forcement Officer or Michigan Law En- the Port Lake Michigan will provide forcement Officer may enforce the notice to the public by publishing a No- rules contained in this section pursu- tice of Enforcement in the FEDERAL ant to 33 CFR 6.04–11. In addition, the REGISTER, as well as, issuing a Broad- Captain of the Port may be assisted by cast Notice to Mariners. other Federal, state or local agencies (b) Definitions. The following defini- in enforcing this section pursuant to 33 tions apply to this section: CFR 6.04–11. (1) Designated representative means (f) Exemption. Public vessels as de- any Coast Guard commissioned, war- fined in paragraph (a) of this section rant, or petty officer designated by the are exempt from the requirements in Captain of the Port Lake Michigan to this section. monitor a safety zone, permit entry

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into a safety zone, give legally enforce- the listed duration in this section, he able orders to persons or vessels within or she may make the public aware of a safety zone, and take other actions this suspension by Broadcast Notice to authorized by the Captain of the Port Mariners and/or on-scene notice by his Lake Michigan. or her designated representative. (2) Public vessel means a vessel that is (d) Exemption. Public vessels, as de- owned, chartered, or operated by the fined in paragraph (b) of this section, United States, or by a State or polit- are exempt from the requirements in ical subdivision thereof. this section. (3) Rain date refers to an alternate date and/or time in which the safety (e) Waiver. For any vessel, the Cap- zone would be enforced in the event of tain of the Port Lake Michigan or his inclement weather. or her designated representative may (c) Suspension of enforcement. The waive any of the requirements of this Captain of the Port Lake Michigan section upon finding that operational may suspend enforcement of any of conditions or other circumstances are these zones earlier than listed in this such that application of this section is section. Should the Captain of the Port unnecessary or impractical for the pur- suspend any of these zones earlier than poses of safety or security.

TABLE 165.929

Event Location 1 Enforcement date and time 2

(a) March Safety Zones

(1) St. Patrick’s Day Fireworks Manitowoc, WI ...... The third Saturday of March; All waters of the Manitowoc River within the arc of a circle 5:30 p.m. to 7 p.m. with a 250-foot radius from a center point launch position at 44°05.492′ N., 087°39.332′ W. (2) Public Fireworks Display .... Green Bay, WI ...... March 15; 11:50 a.m. to 12:30 All waters of the Fox River in the vicinity of the Main Street p.m. and Walnut Street Bridge within an area bounded by the Rain date: March 16; 11:50 following coordinates; 44°31.211′ N., 088°00.833′ W.; then a.m. to 12:30 p.m. southwest along the river bank to 44°30.944′ N., 088°01.159′ W.; then southeast to 44°30.890′ N., 088°01.016′ W.; then northeast along the river bank to 44°31.074′ N., 088°00.866′ W.; then northwest returning to the point of origin.

(b) April Safety Zones

(1) Michigan Aerospace Chal- Muskegon, MI ...... The last Saturday of April; 8 lenge Sport Rocket Launch. All waters of Muskegon Lake, near the West Michigan Dock a.m. to 4 p.m. and Market Corp facility, within the arc of a circle with a 1500-yard radius from the rocket launch site located in position 43°14.018′ N., 086°15.585′ W. (2) Lubbers Cup Regatta ...... Spring Lake, MI ...... April 9; 7:45 a.m. to 6:15 p.m., All waters of Spring Lake in Spring Lake, Michigan in the vi- and April 10; 8:45 a.m. to 1 cinity of Keenan Marina within a rectangle that is approxi- p.m. mately 6,300 by 300 feet. The rectangle will be bounded by points beginning at 43°04.914′ N., 086°12.525′ W.; then east to 43°04.958′ N., 086°11.104′ W.; then south to 43°04.913′ N., 086°11.096′ W.; then west to 43°04.867′ N., 086°12.527′ W.; then north back to the point of origin.

(1) Tulip Time Festival Fire- Holland, MI ...... The first Saturday of May; works. All waters of Lake Macatawa, near Kollen Park, within the arc 9:30 p.m. to 11:30 p.m. of a circle with a 1000-foot radius from the fireworks launch Rain date: The first Friday of site in approximate center position 42°47.496′ N., May; 9:30 p.m. to 11:30 086°07.348′ W. p.m. (2) Cochrane Cup ...... Blue Island, IL ...... The first Saturday of May; All waters of the Calumet Saganashkee Channel from the 6:30 a.m. to 5 p.m. South Halstead Street Bridge at 41°39.442′ N., 087°38.474′ W.; to the Crawford Avenue Bridge at 41°39.078′ N., 087°43.127′ W.; and the Little Calumet River from the Ash- land Avenue Bridge at 41°39.098′ N., 087°39.626′ W.; to the junction of the Calumet Saganashkee Channel at 41°39.373′ N., 087°39.026′ W.

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TABLE 165.929—Continued

Event Location 1 Enforcement date and time 2

(3) Rockets for Schools Rocket Sheboygan, WI ...... The first Saturday of May; 8 Launch. All waters of Lake Michigan and Sheboygan Harbor, near the a.m. to 5 p.m. Sheboygan South Pier, within the arc of a circle with a 1500-yard radius from the rocket launch site located with its center in position 43°44.914′ N., 087°41.869′ W. (4) Celebrate De Pere Fire- De Pere, WI ...... The Saturday or Sunday be- works. All waters of the Fox River, near Voyageur Park, within the fore Memorial Day; 8:30 arc of a circle with a 500 foot radius from the fireworks p.m. to 10 p.m. launch site located in position 44°27.167′ N., 088°03.833′ W.

(d) June Safety Zones

(1) International Bayfest ...... Green Bay, WI ...... The second Friday of June; 9 All waters of the Fox River, near the Western Lime Company p.m. to 11 p.m. 1.13 miles above the head of the Fox River, within the arc of a circle with a 1,000-foot radius from the fireworks launch site located in position 44°31.408′ N., 088°00.710′ W. (2) Harborfest Music and Fam- Racine, WI ...... Friday and Saturday of the ily Festival. All waters of Lake Michigan and Racine Harbor, near the third complete weekend of Racine Launch Basin Entrance Light, within the arc of a June; 9 p.m. to 11 p.m. circle with a 200-foot radius from the fireworks launch site each day. located in position 42°43.722′ N., 087°46.673′ W. (3) Spring Lake Heritage Fes- Spring Lake, MI ...... The third Saturday of June; 9 tival Fireworks. All waters of the Grand River within the arc of a circle with a p.m. to 11 p.m. 700-foot radius from a barge in center position 43°04.375′ N., 086°12.401′ W. (4) Elberta Solstice Festival ..... Elberta, MI ...... The last Saturday of June; 9 All waters of Betsie Lake within the arc of a circle with a 500- p.m. to 11 p.m. foot radius from the fireworks launch site located in approximate center position 44°37.607′ N., 086°13.977′ W. (5) World War II Beach Inva- St. Joseph, MI ...... The last Saturday of June; 8 sion Re-enactment. All waters of Lake Michigan in the vicinity of Tiscornia Park in a.m. to 2 p.m. St. Joseph, MI beginning at 42°06.918′ N., 086°29.421′ W.; then west/northwest along the north breakwater to 42°06.980′ N., 086°29.682′ W.; then northwest 100 yards to 42°07.018′ N., 086°29.728′ W.; then northeast 2,243 yards to 42°07.831′ N., 086°28.721′ W.; then southeast to the shoreline at 42°07.646′ N., 086°28.457′ W.; then southwest along the shoreline to the point of origin. (6) Ephraim Fireworks ...... Ephraim, WI ...... The third Saturday of June; 9 All waters of Eagle Harbor and Lake Michigan within the arc p.m. to 11 p.m. of a circle with a 750-foot radius from the fireworks launch site located on a barge in position 45°09.304′ N., 087°10.844′ W. (7) Thunder on the Fox ...... Elgin, IL ...... Friday, Saturday, and Sunday All waters of the Fox River from the Kimball Street bridge, lo- of the third weekend in cated at approximate position 42°02.499′ N., 088°17.367′ June; 10 a.m. to 7 p.m. W., then 1250 yards north to a line crossing the river per- each day. pendicularly running through position 42°03.101′ N., 088°17.461′ W. (8) Olde Ellison Bay Days Fire- Ellison Bay, WI ...... The fourth Saturday of June; 9 works. All waters of Green Bay, in the vicinity of Ellison Bay Wis- p.m. to 10 p.m. consin, within the arc of a circle with a 400-foot radius from the fireworks launch site located on a barge in approximate center position 45°15.595′ N., 087°05.043′ W. (9) Sheboygan Harborfest Fire- Sheboygan, WI ...... June 15; 8:45 p.m. to 10:45 works. All waters of Lake Michigan and Sheboygan Harbor within p.m. the arc of a circle with a 1000-foot radius from the fireworks launch site located in position 43°44.914′ N., 087°41.897′ W.

(e) July Safety Zones

(1) Town of Porter Fireworks Porter IN ...... The first Saturday of July; 8:45 Display. All waters of Lake Michigan within the arc of a circle with a p.m. to 9:30 p.m. 1000 foot radius from the fireworks launch site located in center position 41°39.927′ N., 087°03.933′ W.

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TABLE 165.929—Continued

Event Location 1 Enforcement date and time 2

(2) City of Menasha 4th of July Menasha, WI ...... July 4; 9 p.m. to 10:30 p.m. Fireworks. All waters of Lake Winnebago and the Fox River within the arc of a circle with an 800-foot radius from the fireworks launch site located in center position 44°12.017′ N., 088°25.904′ W. (3) Pentwater July Third Fire- Pentwater, MI ...... July 3; 9 p.m. to 11 p.m. works. All waters of Lake Michigan and the Pentwater Channel with- Rain date: July 4; 9 p.m. to 11 in the arc of a circle with a 1,000-foot radius from the fire- p.m. works launch site located in position 43°46.942′ N., 086°26.625′ W. (4) Taste of Chicago Fireworks Chicago, IL ...... July 3; 9 p.m. to 11 p.m. All waters of Monroe Harbor and Lake Michigan bounded by Rain date: July 4; 9 p.m. to 11 a line drawn from 41°53.380′ N., 087°35.978′ W.; then p.m. southeast to 41°53.247′ N., 087°35.434′ W.; then south to 41°52.809′ N., 087°35.434′ W.; then southwest to 41°52.453′ N., 087°36.611′ W.; then north to 41°53.247′ N., 087°36.573′ W.; then northeast returning to the point of origin. (5) St. Joseph Fourth of July St. Joseph, MI ...... July 4; 9 p.m. to 11 p.m. Fireworks. All waters of Lake Michigan and the St. Joseph River within Rain date: July 5; 9 p.m. to 11 the arc of a circle with a 1000-foot radius from the fire- p.m. works launch site in position 42°06.867′ N., 086° 29.463′ W. (6) U.S. Bank Fireworks ...... Milwaukee, WI ...... July 3; 8:30 p.m. to 11 p.m. All waters and adjacent shoreline of Milwaukee Harbor, in the Rain date: July 4; 8:30 p.m. to vicinity of Veteran’s park, within the arc of a circle with a 11 p.m. 1,200-foot radius from the center of the fireworks launch site which is located on a barge in approximate position 43°02.362′ N., 087°53.485′ W. (7) Manistee Independence Manistee, MI ...... July 3; 9 p.m. to 11 p.m. Day Fireworks. All waters of Lake Michigan, in the vicinity of the First Street Rain date: July 4; 9 p.m. to 11 Beach, within the arc of a circle with a 1,000-foot radius p.m. from the fireworks launch site located in position 44°14.854′ N., 086°20.757′ W. (8) Frankfort Independence Frankfort, MI ...... July 4; 9 p.m. to 11 p.m. Day Fireworks. All waters of Lake Michigan and Frankfort Harbor, bounded Rain date: July 5; 9 p.m. to 11 by a line drawn from 44°38.100′ N., 086°14.826′ W.; then p.m. south to 44°37.613′ N., 086°14.802′ W.; then west to 44°37.613′ N., 086°15.263′ W.; then north to 44°38.094′ N., 086°15.263′ W.; then east returning to the point of origin. (9) Freedom Festival Fireworks Ludington, MI ...... July 4; 9 p.m. to 11 p.m. All waters of Lake Michigan and Ludington Harbor within the Rain date: July 5; 9 p.m. to 11 arc of a circle with a 800-foot radius from the fireworks p.m. launch site located in position 43°57.171′ N., 086°27.718′ W. (10) White Lake Independence Montague, MI ...... July 4; 9:30 p.m. to 11:30 p.m. Day Fireworks. All waters of White Lake within the arc of a circle with an Rain date: July 5; 9:30 p.m. to 800-foot radius from a center position at 43°24.621′ N., 11:30 p.m. 086°21.463′ W. (11) Muskegon Summer Cele- Muskegon, MI ...... July 4; 9 p.m. to 11 p.m. bration July Fourth Fireworks. All waters of Muskegon Lake, in the vicinity of Hartshorn Mu- Rain date: July 5; 9 p.m. to 11 nicipal Marina, within the arc of a circle with a 700-foot ra- p.m. dius from a center position at 43°14.039′ N., 086°15.793′ W. (12) Grand Haven Jaycees An- Grand Haven, MI ...... July 4; 9 p.m. to 11:30 p.m. nual Fourth of July Fireworks. All waters of the Grand River within the arc of a circle with a Rain date: July 5; 9 p.m. to 800-foot radius from the fireworks launch site located on 11:30 p.m. the west bank of the Grand River in position 43°3.908′ N., 086°14.240′ W. (13) Celebration Freedom Fire- Holland, MI ...... July 4; 10 p.m. to 11:59 p.m. works. All waters of Lake Macatawa in the vicinity of Kollen Park Rain date: July 4; 10 p.m. to within the arc of a circle with a 2000-foot radius of a center 11:59 p.m. launch position at 42°47.440′ N., 086°07.621′ W. (14) Van Andel Fireworks Holland, MI ...... July 4; 9 p.m. to 11 p.m. Show. All waters of Lake Michigan and the Holland Channel within Rain date: July 3; 9 p.m. to 11 the arc of a circle with a 1000-foot radius from the fire- p.m. works launch site located in approximate position 42°46.351′ N., 086°12.710′ W.

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TABLE 165.929—Continued

Event Location 1 Enforcement date and time 2

(15) Saugatuck Independence Saugatuck, MI ...... July 4; 9 p.m. to 11 p.m. Day Fireworks. All waters of Kalamazoo Lake within the arc of a circle with a Rain date: July 5; 9 p.m. to 11 500-foot radius from the fireworks launch site in center po- p.m. sition 42°39.074′ N., 086°12.285′ W. (16) South Haven Fourth of South Haven, MI ...... July 3; 9:30 p.m. to 11:30 p.m. July Fireworks. All waters of Lake Michigan and the Black River within the arc of a circle with a 1000-foot radius from the fireworks launch site located in center position 42°24.125′ N., 086°17.179′ W. (17) Town of Dune Acres Inde- Dune Acres, IN ...... The first Saturday of July; 8:45 pendence Day Fireworks. All Waters of Lake Michigan within the arc of a circle with a p.m. to 10:30 p.m. 700-foot radius from the fireworks launch site located in position 41°39.303′ N., 087°05.239′ W. (18) Gary Fourth of July Fire- Gary, IN ...... July 4; 9 p.m. to 11 p.m. works. All waters of Lake Michigan, approximately 2.5 miles east of Rain date: July 5; 9 p.m. to 11 Gary Harbor, within the arc of a circle with a 500-foot ra- p.m. dius from the fireworks launch site located in position 41°37.322′ N., 087°14.509′ W. (19) Joliet Independence Day Joliet, IL ...... July 3; 9 p.m. to 11 p.m. Celebration Fireworks. All waters of the Des Plains River, at mile 288, within the arc Rain date: July 4; 9 p.m. to 11 of a circle with a 500-foot radius from the fireworks launch p.m. site located in position 41°31.522′ N., 088°05.244′ W. (20) Glencoe Fourth of July Glencoe, IL ...... July 4; 9 p.m. to 11 p.m. Celebration Fireworks. All waters of Lake Michigan in the vicinity of Lake Front Park, Rain date: July 5; 9 p.m. to 11 within the arc of a circle with a 1000-foot radius from a p.m. barge in position 42°08.404′ N., 087°44.930′ W. (21) Lakeshore Country Club Glencoe, IL ...... July 4; 9 p.m. to 11 p.m. Independence Day Fireworks. All waters of Lake Michigan within the arc of a circle with a Rain date: July 5; 9 p.m. to 11 600-foot radius from a center point fireworks launch site in p.m. approximate position 42°09.130′ N., 087°45.530′ W. (22) Shore Acres Country Club Lake Bluff, IL ...... July 4; 9 p.m. to 11 p.m. Independence Day Fireworks. All waters of Lake Michigan within the arc of a circle with a Rain date: July 5; 9 p.m. to 11 600-foot radius from approximate position 42°17.847′ N., p.m. 087°49.837′ W. (23) Kenosha Independence Kenosha, WI ...... July 4; 9 p.m. to 11 p.m. Day Fireworks. All waters of Lake Michigan and Kenosha Harbor within the Rain date: July 5; 9 p.m. to 11 arc of a circle with a 1000-foot radius from the fireworks p.m. launch site located in position 42°35.283′ N., 087°48.450′ W. (24) Fourthfest of Greater Racine, WI ...... July 4; 9 p.m. to 11 p.m. Racine Fireworks. All waters of Racine Harbor and Lake Michigan within the arc Rain date: July 5; 9 p.m. to 11 of a circle with a 900-foot radius from a center point posi- p.m. tion at 42°44.259′ N., 087°46.635′ W. (25) Sheboygan Fourth of July Sheboygan, WI ...... July 4; 9 p.m. to 11 p.m. Celebration Fireworks. All waters of Lake Michigan and Sheboygan Harbor, in the vi- Rain date: July 5; 9 p.m. to 11 cinity of the south pier, within the arc of a circle with a p.m. 1000-foot radius from the fireworks launch site located in position 43°44.917′ N., 087°41.850′ W. (26) Manitowoc Independence Manitowoc, WI ...... July 4; 9 p.m. to 11 p.m. Day Fireworks. All waters of Lake Michigan and Manitowoc Harbor, in the vi- Rain date: July 5; 9 p.m. to 11 cinity of south breakwater, within the arc of a circle with a p.m. 1000-foot radius from the fireworks launch site located in position 44°05.395′ N., 087°38.751′ W. (27) Sturgeon Bay Independ- Sturgeon Bay, WI ...... July 4; 9 p.m. to 11 p.m. ence Day Fireworks. All waters of Sturgeon Bay, in the vicinity of Sunset Park, Rain date: July 5; 9 p.m. to 11 within the arc of a circle with a 1000-foot radius from the p.m. fireworks launch site located on a barge in position 44°50.562′ N., 087°23.411′ W. (28) Fish Creek Independence Fish Creek, WI ...... July 2; 9 p.m. to 11 p.m. All waters of Green Bay, in the vicinity of Fish Creek Harbor, Rain date: July 2; 9 p.m. to 11 within the arc of a circle with a 1000-foot radius from the p.m. fireworks launch site located on a barge in position 45°07.867′ N., 087°14.617′ W. (29) Fire over the Fox Fire- Green Bay, WI ...... July 4; 9 p.m. to 11 p.m. works. All waters of the Fox River including the mouth of the East Rain date: July 5; 9 p.m. to 11 River from the Canadian National Railroad bridge in ap- p.m. proximate position 44°31.467′ N., 088°00.633′ W then southwest to the Main St. Bridge in approximate position 44°31.102′ N., 088°00.963′ W.

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TABLE 165.929—Continued

Event Location 1 Enforcement date and time 2

(30) Celebrate Americafest Ski Green Bay, WI ...... July 4 from 2:30 p.m. to 4:30 Show. All waters of the Fox River, including the mouth of the East p.m. River from the West Walnut Street Bridge in approximate Rain date: July 5; 2:30 p.m. to position 44°30.912′ N., 088°01.100′ W., then northeast to 4:30 p.m. an imaginary line running perpendicularly across the river through coordinate 44°31.337′ N., 088°00.640′ W. (31) Marinette Fourth of July Marinette, WI ...... July 4; 9 p.m. to 11 p.m. Celebration Fireworks. All waters of the Menominee River, in the vicinity of Stephen- Rain date: July 5; 9 p.m. to 11 son Island, within the arc of a circle with a 900 foot radius p.m. from the fireworks launch site in center position 45°6.232′ N., 087°37.757′ W. (32) Evanston Fourth of July Evanston, IL ...... July 4; 9 p.m. to 11 p.m. Fireworks. All waters of Lake Michigan, in the vicinity of Centennial Park Rain date: July 5; 9 p.m. to 11 Beach, within the arc of a circle with a 500-foot radius from p.m. the fireworks launch site located in position 42°02.933′ N., 087°40.350′ W. (33) Gary Air and Water Show Gary, IN ...... July 6 thru 10; 8:30 a.m. to 5 All waters of Lake Michigan bounded by a line drawn from p.m. 41°37.217′ N., 087°16.763′ W.; then east along the shoreline to 41°37.413′ N., 087°13.822′ W.; then north to 41°38.017′ N., 087°13.877′ W.; then southwest to 41°37.805′ N., 087°16.767′ W.; then south returning to the point of origin. (34) Annual Trout Festival Fire- Kewaunee, WI ...... Friday of the second complete works. All waters of Kewaunee Harbor and Lake Michigan within the weekend of July; 9 p.m. to arc of a circle with a 1000-foot radius from the fireworks 11 p.m. launch site located in position 44°27.493′ N., 087°29.750′ W. (35) Michigan City Summerfest Michigan City, IN ...... Sunday of the second com- Fireworks. All waters of Michigan City Harbor and Lake Michigan within plete weekend of July; 8:30 the arc of a circle with a 1000-foot radius from the fire- p.m. to 10:30 p.m. works launch site located in position 41°43.700′ N., 086°54.617′ W. (36) Port Washington Fish Day Port Washington, WI ...... The third Saturday of July; 9 Fireworks. All waters of Port Washington Harbor and Lake Michigan, in p.m. to 11 p.m. the vicinity of the WE Energies coal dock, within the arc of a circle with a 1000-foot radius from the fireworks launch site located in position 43°23.117′ N., 087°51.900′ W. (37) Bay View Lions Club Milwaukee, WI ...... Friday, Saturday, and Sunday South Shore Frolics Fire- All waters of Lake Michigan and Milwaukee Harbor, in the vi- of the second or third week- works. cinity of South Shore Yacht Club, within the arc of a circle end of July; 9 p.m. to 11 with a 900-foot radius from the fireworks launch site in po- p.m. each day. sition 42°59.658′ N., 087°52.808′ W. (38) Venetian Festival Fire- St. Joseph, MI ...... Saturday of the third complete works. All waters of Lake Michigan and the St. Joseph River, near weekend of July; 9 p.m. to the east end of the south pier, within the arc of a circle with 11 p.m. a 1000-foot radius from the fireworks launch site located in position 42°06.800′ N., 086°29.250′ W. (39) Joliet Waterway Daze Joliet, IL ...... Friday and Saturday of the Fireworks. All waters of the Des Plaines River, at mile 287.5, within the third complete weekend of arc of a circle with a 300-foot radius from the fireworks July; 9 p.m. to 11 p.m. each launch site located in position 41°31.250′ N., 088°05.283′ day. W. (40) EAA Airventure ...... Oshkosh, WI ...... The last complete week of All waters of Lake Winnebago in the vicinity of Willow Harbor July, beginning Monday and within an area bounded by a line connecting the following ending Sunday; 8 a.m. to 8 coordinates: beginning at 43°56.822′ N., 088° 29.904′ W.; p.m. each day. then north approximately 5100 feet to 43°57.653′ N., 088° 29.904′ W., then east approximately 2300 feet to 43°57.653′ N., 088° 29.374′ W.; then south to shore at 43°56.933′ N., 088°29.374′ W.; then southwest along the shoreline to 43°56.822′ N,. 088°29.564′ W.; then west returning to the point of origin. (41) Saugatuck Venetian Night Saugatuck, MI ...... The last Saturday of July; 9 Fireworks. All waters of Kalamazoo Lake within the arc of a circle with a p.m. to 11 p.m. 500-foot radius from the fireworks launch site located on a barge in position 42°39.073′ N., 086°12.285′ W. (42) Roma Lodge Italian Fes- Racine, WI ...... Friday and Saturday of the last tival Fireworks. All waters of Lake Michigan and Racine Harbor within the arc complete weekend of July; 9 of a circle with a 1000-foot radius from the fireworks launch p.m. to 11 p.m. site located in position 42°44.067′ N., 087°46.333′ W.

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TABLE 165.929—Continued

Event Location 1 Enforcement date and time 2

(43) Chicago Venetian Night Chicago, IL ...... Saturday of the last weekend Fireworks. All waters of Monroe Harbor and all waters of Lake Michigan of July; 9 p.m. to 11 p.m. bounded by a line drawn from 41°53.050′ N., 087°36.600′ W.; then east to 41°53.050′ N., 087°36.350′ W.; then south to 41°52.450′ N., 087°36.350′ W.; then west to 41°52.450′ N., 087°36.617′ W.; then north returning to the point of origin. (44) New Buffalo Business As- New Buffalo, MI ...... July 3rd or July 5th; 9:30 p.m. sociation Fireworks. All waters of Lake Michigan and New Buffalo Harbor within to 11:15 p.m. the arc of a circle with a 800-foot radius from the fireworks launch site located in position 41°48.153′ N., 086°44.823′ W. (45) Start of the Chicago to Chicago, IL ...... July 22; 2 p.m. to 4:30 p.m. Mackinac Race. All waters of Lake Michigan in the vicinity of the Navy Pier at and July 23; 9 a.m. to 3 Chicago IL, within a rectangle that is approximately 1500 p.m. by 900 yards. The rectangle is bounded by the coordinates beginning at 41°53.252′ N., 087°35.430′ W.; then south to 41°52.812′ N., 087°35.430′ W.; then east to 41°52.817′ N., 087°34.433′ W.; then north to 41°53.250′ N., 087°34.433′ W.; then west, back to point of origin. (46) Fireworks at Pier Wis- Milwaukee, WI ...... Dates and times will be issued consin. All waters of Milwaukee Harbor, including Lakeshore Inlet by Notice of Enforcement and the marina at Pier Wisconsin, within the arc of a circle and Broadcast Notice to with a 300-foot radius from the fireworks launch site on Mariners. Pier Wisconsin located in approximate position 43°02.178′ N., 087°53.625′ W. (47) Gills Rock Fireworks ...... Gills Rock, WI ...... July 4; 8:30 p.m. to 10:30 p.m. All waters of Green Bay near Gills Rock WI within a 1000- foot radius of the launch vessel in approximate position at 45°17.470′ N., 087°01.728′ W. (48) City of Menominee 4th of Menominee, MI ...... July 4; 9 p.m. to 11 p.m. July Celebration Fireworks. All Waters of Green Bay, in the vicinity of Menominee Ma- rina, within the arc of a circle with a 900-foot radius from a center position at 45°06.417′ N., 087° 36.024′ W. (49) Miesfeld’s Lakeshore Sheboygan, WI ...... July 29; 9 p.m. to 10:30 p.m. Weekend Fireworks. All waters of Lake Michigan and Sheboygan Harbor within an Rain date: July 30; 9 p.m. to 800-foot radius from the fireworks launch site located at the 10:30 p.m. south pier in approximate position 43°44.917′ N., 087°41.967′ W. (50) Marinette Logging and Marinette, WI ...... July 13; 9 p.m. to 11 p.m. Heritage Festival Fireworks. All waters of the Menominee River, in the vicinity of Stephen- son Island, within the arc of a circle with a 900-foot radius from the fireworks launch site in position 45°06.232′ N., 087°37.757′ W. (51) Summer in the City Water Green Bay, WI ...... Each Wednesday of July Ski Show. All waters of the Fox River in Green Bay, WI from the Main through August; 6 p.m. to Street Bridge in position 44°31.089′ N., 088°00.904′ W 6:30 p.m. and 7 p.m. to 7:30 then southwest to the Walnut Street Bridge in position p.m. 44°30.900′ N., 088°01.091′ W. (52) Holiday Celebration Fire- Kewaunee, WI ...... July 4; 8:30 p.m. to 10:30 p.m. works. All waters of Kewaunee Harbor and Lake Michigan within the Rain date: July 5; 8:30 p.m. to arc of a circle with a 1000-foot radius from the fireworks 10:30 p.m. launch site located in position 44°27.481′ N., 087°29.735′ W. (53) Independence Day Fire- Wilmette, IL ...... July 3; 8:30 p.m. to 10:15 p.m. works. All waters of Lake Michigan and the North Shore Channel within the arc of a circle with a 1000-foot radius from the fireworks launch site located at approximate center position 42°04.674′ N., 087°40.856′ W. (54) Neenah Fireworks ...... Neenah, WI ...... July 3 or 4; 8:45 p.m. to 10:30 All waters of Lake Winnebago within a 700 foot radius of an p.m. approximate launch position at 44° 11.126′ N., 088° 26.941′ W.

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TABLE 165.929—Continued

Event Location 1 Enforcement date and time 2

(55) Milwaukee Air and Water Milwaukee, WI ...... July 6 thru 10; 8:30 a.m. to 5 Show. All waters and adjacent shoreline of Lake Michigan in the vi- p.m. cinity of McKinley Park located within an area that is approximately 4800 by 1250 yards. The area will be bounded by the points beginning at 43°02.450′ N., 087°52.850′ W.; then southeast to 43°02.230′ N., 087°52.061′ W.; then northeast to 43°04.543′ N., 087°50.801′ W.; then northwest to 43°04.757′ N., 087°51.512′ W.; then southwest returning to the point of origin.

(f) August Safety Zones

(1) Super Boat Grand Prix ...... Michigan City, IN ...... The first Sunday of August; 9 All waters of Lake Michigan bounded by a rectangle drawn a.m. to 4 p.m. from 41°43.655′ N., 086°54.550′ W.; then northeast to Rain date: The first Saturday 41°44.808′ N., 086°51.293′ W., then northwest to of August; 9 a.m. to 4 p.m. 41°45.195′ N., 086°51.757′ W.; then southwest to 41°44.063′ N., 086°54.873′ W.; then southeast returning to the point of origin. (2) Port Washington Maritime Port Washington, WI ...... Saturday of the last complete Heritage Festival Fireworks. All waters of Port Washington Harbor and Lake Michigan, in weekend of July or the sec- the vicinity of the WE Energies coal dock, within the arc of ond weekend of August; 9 a circle with a 1000-foot radius from the fireworks launch p.m. to 11 p.m. site located in position 43°23.117′ N., 087°51.900′ W. (3) Grand Haven Coast Guard Grand Haven, MI ...... First weekend of August; 9 Festival Fireworks. All waters of the Grand River within the arc of a circle with an p.m. to 11 p.m. 800-foot radius from the fireworks launch site located on the west bank of the Grand River in position 43°03.907′ N., 086°14.247′ W. (4) Sturgeon Bay Yacht Club Sturgeon Bay, WI ...... The first Saturday of August; Evening on the Bay Fire- All waters of Sturgeon Bay within the arc of a circle with a 8:30 p.m. to 10:30 p.m. works. 500-foot radius from the fireworks launch site located on a barge in approximate position 44°49.297′ N., 087°21.447′ W. (5) Hammond Marina Venetian Hammond, IN ...... The first Saturday of August; 9 Night Fireworks. All waters of Hammond Marina and Lake Michigan within the p.m. to 11 p.m. arc of a circle with a 1000-foot radius from the fireworks launch site located in position 41°41.883′ N., 087°30.717′ W. (6) North Point Marina Vene- Winthrop Harbor, IL ...... The second Saturday of Au- tian Festival Fireworks. All waters of Lake Michigan within the arc of a circle with a gust; 9 p.m. to 11 p.m. 1000-foot radius from the fireworks launch site located in position 42°28.917′ N., 087°47.933′ W. (7) Waterfront Festival Fire- Menominee, MI ...... August 3; 9 p.m. to 11 p.m. works. All Waters of Green Bay, in the vicinity of Menominee Ma- rina, within the arc of a circle with a 1000-foot radius from a center position at 45°06.447′ N., 087°35.991′ W. (8) Ottawa Riverfest Fireworks Ottawa, IL ...... The first Sunday of August; 9 All waters of the Illinois River, at mile 239.7, within the arc of p.m. to 11 p.m. a circle with a 300-foot radius from the fireworks launch site located in position 41°20.483′ N., 088°51.333′ W. (9) Chicago Air and Water Chicago, IL ...... August 18 thru 21; 8:30 a.m. Show. All waters and adjacent shoreline of Lake Michigan and Chi- to 5 p.m. cago Harbor bounded by a line drawn from 41°55.900′ N at the shoreline, then east to 41°55.900′ N., 087°37.200′ W., then southeast to 41°54.000′ N, 087°36.000′ W., then southwestward to the northeast corner of the Jardine Water Filtration Plant, then due west to the shore. (10) Pentwater Homecoming Pentwater, MI ...... Saturday following the second Fireworks. All waters of Lake Michigan and the Pentwater Channel with- Thursday of August; 9 p.m. in the arc of a circle with a 1000-foot radius from the fire- to 11 p.m. works launch site located in position 43°46.942′ N., 086°26.633′ W. (11) Chicago Match Cup Race Chicago, IL ...... August 6 thru 11; 8 a.m. to 8 All waters of Chicago Harbor in the vicinity of Navy Pier and p.m. the Chicago Harbor break wall bounded by coordinates beginning at 41°53.617′ N., 087°35.433′ W.; then south to 41°53.400′ N., 087°35.433′ W.; then west to 41°53.400′ N., 087°35.917′ W.; then north to 41°53.617′ N., 087°35.917′ W.; then back to point of origin.

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TABLE 165.929—Continued

Event Location 1 Enforcement date and time 2

(12) New Buffalo Ship and New Buffalo, MI ...... August 10; 9:30 p.m. to 11:15 Shore Fireworks. All waters of Lake Michigan and New Buffalo Harbor within p.m. the arc of a circle with a 800-foot radius from the fireworks launch site located in position 41°48.150′ N., 086°44.817′ W. (13) Operations at Marinette Marinette, WI ...... This zone will be enforced in Marine. All waters of the Menominee River in the vicinity of Marinette the case of hazardous cargo Marine Corporation, from the Bridge Street Bridge located operations or vessel launch in position 45°06.188′ N., 087°37.583′ W., then approxi- by issue of Notice of En- mately .95 NM south east to a line crossing the river per- forcement and Marine pendicularly passing through positions 45°05.881′ N., Broadcast. 087°36.281′ W. and 45°05.725′ N., 087°36.385′ W. (14) Fireworks Display ...... Winnetka, IL ...... Third Saturday of August; 9:15 All waters of Lake Michigan within the arc of a circle with a p.m. to 10:30 p.m. 900-foot radius from a center point barge located in approximate position 42°06.402′ N., 087°43.115′ W. (15) Algoma Shanty Days Fire- Algoma, WI ...... Sunday of the second com- works. All waters of Lake Michigan and Algoma Harbor within the plete weekend of August; 9 arc of a circle with a 1000-foot radius from the fireworks p.m. to 11 p.m. launch site located in a center position of 44°36.400′ N., 087°25.900′ W. (16) Venetian Night Parade ..... Chicago, IL ...... Last Saturday of August; 6:30 All waters of Lake Michigan, in the vicinity of Navy Pier, p.m. to 9:30 p.m. bounded by coordinates beginning at 41° 53.771′ N., 087°35.815′ W.; and then south to41°53.367′ N., 087°35.814′ W.; then west to 41°53.363′ N., 087°36.587′ W.; then north to 41°53.770′ N., 087°36.601′ W.; then east back to the point of origin.

(g) September Safety Zones

(1) ISAF Nations Cup Grand Sheboygan, WI ...... September 13; 7:45 p.m. to Final Fireworks Display. All waters of Lake Michigan and Sheboygan Harbor, in the vi- 8:45 p.m. cinity of the south pier in Sheboygan Wisconsin, within a 500 foot radius from the fireworks launch site located on land in position 43°44.917′ N., 087°41.850′ W. (2) Sister Bay Marinafest Ski Sister Bay, WI ...... September 3; 1 p.m. to 3:15 Show. All waters of Sister Bay within an 800-foot radius of position p.m. 45°11.585′ N., 087°07.392′ W. (3) Sister Bay Marinafest Fire- Sister Bay, WI ...... September 3 and 4; 8:15 p.m. works. All waters of Sister Bay within an 800-foot radius of the to 10 p.m. launch vessel in approximate position 45°11.585′ N., 087°07.392′ W.

(h) October Safety Zones

(1) Corn Festival Fireworks ...... Morris, IL ...... The first Saturday of October; All waters of the Illinois River within a 560 foot radius from 8:15 p.m. to 9:15 p.m. approximate launch position at 41°21.173′ N., 088°25.101′ W.

(i) November Safety Zones

(1) Downtown Milwaukee Fire- Milwaukee, WI ...... The third Thursday of Novem- works. All waters of the Milwaukee River in the vicinity of the State ber; 6 p.m. to 8 p.m. Street Bridge within the arc of a circle with a 300-foot radius from a center point fireworks launch site in approximate position 43°02.559′ N., 087°54.749′ W. (2) Magnificent Mile Fireworks Chicago, IL ...... The third weekend in Novem- Display. All waters and adjacent shoreline of the Chicago River ber; sunset to termination of bounded by the arc of the circle with a 210-foot radius from display. the fireworks launch site with its center in approximate position of 41°53.350′ N., 087°37.400′ W.

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TABLE 165.929—Continued

Event Location 1 Enforcement date and time 2

(j) December Safety Zones

(1) New Years Eve Fireworks .. Chicago, IL ...... December 31; 11 p.m. to Jan- All waters of Monroe Harbor and Lake Michigan within the uary 1 at 1 a.m. arc of a circle with a 1000-foot radius from the fireworks launch site located on a barge in approximate position 41°52.683′ N., 087°36.617′ W. 1 All coordinates listed in Table 165.929 reference Datum NAD 1983. 2 As noted in paragraph (a)(3) of this section, the enforcement dates and times for each of the listed safety zones are subject to change.

[USCG–2015–1081, 81 FR 28024, May 9, 2016] (5) North Branch Chicago River. All U.S. waters of the North Branch Chi- § 165.930 Safety Zone, Brandon Road cago River between mile marker 325.6 Lock and Dam to Lake Michigan in- (point at which the North Branch Chi- cluding Des Plaines River, Chicago cago River connects to the Chicago Sanitary and Ship Canal, Chicago River (Main Branch) and the South River, and Calumet-Saganashkee Channel, Chicago, IL. Branch Chicago River) and mile marker 331.4 (end of navigation channel). (a) Location. The safety zone consists (6) Calumet-Saganashkee Channel. All of the following areas: U.S. waters of the Calumet- (1) Des Plaines River. All U.S. waters Saganashkee Channel between mile of the Des Plaines River located be- marker 303.5 (point at which the Cal- tween mile marker 286.0 (Brandon Road umet-Saganashkee Channel connects Lock and Dam) and mile marker 290.0 to the Chicago Sanitary and Ship (point at which the Des Plaines River Canal) and mile marker 333.0; all U.S. connects with the Chicago Sanitary waters of the Calumet-Saganashkee and Ship Canal). Channel between mile marker 333.0 and (2) Chicago Sanitary and Ship Canal. Lake Michigan (Calumet Harbor). All U.S. waters of the Chicago Sanitary (b) Effective period. This rule is effec- and Ship Canal between mile marker tive July 18, 2011. 290.0 (point at which the Chicago Sani- (c) Enforcement. (1) The Captain of tary and Ship Canal connects to the the Port, Sector Lake Michigan, may Des Plaines River) and mile marker enforce this safety zone in whole, in 321.8 (point at which the Chicago Sani- segments, or by any combination of tary and Ship Canal Connects to the segments. The Captain of the Port, South Branch Chicago River). Sector Lake Michigan, may suspend the enforcement of any segment of this (3) South Branch Chicago River. All safety zone for which notice of enforce- U.S. waters of the South Branch Chi- ment had been given. cago River between mile marker 321.8 (2) The safety zone established by (point at which the South Branch Chi- this section will be enforced, pursuant cago River connects to the Chicago to paragraph (c)(1) of this section, only Sanitary and Ship Canal) and mile upon notice by the Captain of the Port, marker 325.6 (point at which the South Sector Lake Michigan. Suspension of Branch Chicago River connects to the any previously announced period of en- Chicago River (Main Branch) and forcement will also be provided by the North Branch Chicago River). Captain of the Port, Sector Lake (4) Chicago River (Main Branch). All Michigan. All notices of enforcement U.S. waters of the Chicago River (Main and notices of suspension of enforce- Branch) between mile marker 325.6 ment will clearly describe any seg- (point at which the Chicago River con- ments of the safety zone affected by nects to the South Branch Chicago the notice. At a minimum, notices of River) and 100 yards extending past the enforcement and notices of suspension end of the Chicago River covering the of enforcement will identify any af- area of the Federal channel within Chi- fected segments by reference to mile cago Harbor. markers. When possible, the Captain of

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the Port, Sector Lake Michigan, will (3) To obtain permission to enter or also identify enforced segments of this operate within an enforced segment of safety zone by referencing readily iden- the safety zone established by this sec- tifiable geographical points. In addition, Vessel operators must contact the tion to providing the geographical Captain of the Port, Sector Lake bounds of any enforced segment of this Michigan, or his or her designated rep- safety zone, notices of enforcement resentative. Vessel operators given per- will also provide the date(s) and mission to operate in an enforced seg- time(s) at which enforcement will com- ment of the safety zone must comply mence or suspend. with all directions given to them by (3) The Captain of the Port, Sector the Captain of the Port, Sector Lake Lake Michigan, will publish notices of Michigan, or his or her designated rep- enforcement and notices of suspension resentative. of enforcement in accordance with 33 (4) When a segment of the safety zone CFR 165.7(a) and in a manner that pro- is being enforced, it will be closed to vides as much notice to the public as all vessel traffic, except as may be per- possible. The primary method of notifi- mitted by the Captain of the Port, Sec- cation will be through publication in tor Lake Michigan, or his or her des- the FEDERAL REGISTER. The Captain of ignated representative. As soon as op- the Port, Sector Lake Michigan, will erations permit, the Captain of the also provide notice through other Port, Sector Lake Michigan, will issue means, such as Broadcast Notice to a notice of suspension of enforcement Mariners, local Notice to Mariners, as specified in paragraph (c) of this sec- local news media, distribution in leaf- tion. let form, and on-scene oral notice. Ad- (5) All persons entering any enforced ditionally, the Captain of the Port, segment of the safety zone established Sector Lake Michigan, may notify rep- in this section are advised that they do resentatives from the maritime indus- so at their own risk. try through telephonic and email noti- [USCG–2011–0228, 76 FR 35109, June 16, 2011] fications. (d) Regulations. (1) In accordance with § 165.931 Safety Zone, Chicago Harbor, the general regulations in § 165.23 of Navy Pier Southeast, Chicago, IL. this part, entry into, transiting, moor- (a) Location. The following area is a ing, laying up, or anchoring within any safety zone: The waters of Lake Michi- enforced segment of the safety zone is gan within Chicago Harbor bounded by prohibited unless authorized by the coordinates beginning at 41°53′26.5″ N, Captain of the Port, Sector Lake 087°35′26.5″ W; then south to 41°53′7.6″ N, Michigan, or his or her designated rep- 087°35′26.3″ W; then west to 41°53′7.6″ N, resentative. 087°36′23.2″ W; then north to 41°53′26.5″ (2) The ‘‘designated representative’’ N, 087°36′24.6″ W then east back to the of the Captain of the Port, Sector Lake point of origin (NAD 83). Michigan, is any Coast Guard commis- (b) Definitions. The following defini- sioned, warrant or petty officer who tions apply to this section: has been designated by the Captain of (1) Designated representative means the Port, Sector Lake Michigan, to act any Coast Guard Commissioned, war- on his or her behalf. The designated rant, or petty officer designated by the representative of the Captain of the Captain of the Port, Lake Michigan to Port, Sector Lake Michigan, will be monitor a safety zone, permit entry aboard a Coast Guard, Coast Guard into the zone, give legally enforceable Auxiliary, or other designated vessel or orders to persons or vessels within the will be on shore and will communicate zone, and take other actions authorized with vessels via VHF radio, loudhailer, by the Captain of the Port. or by phone. The Captain of the Port, (2) Public vessel means vessels owned, Sector Lake Michigan, or his or her chartered, or operated by the United designated representative may be con- States, or by a State or political sub- tacted via VHF radio Channel 16 or the division thereof. Coast Guard Sector Lake Michigan (c) Regulations. (1) In accordance with Command Center at 414–747–7182. the general regulations in 33 CFR

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165.23, entry into, transiting, or an- § 165.933 Safety Zone, Chicago Harbor, choring within this safety zone is pro- Navy Pier East, Chicago, IL. hibited unless authorized by the Cap- (a) Location. The following area is a tain of the Port, Lake Michigan, or his safety zone: The waters of Lake Michi- designated representative. gan within Chicago Harbor between the (2) This safety zone is closed to all east end of Navy Pier and the Chicago vessel traffic, excepted as may be per- Harbor breakwater beginning at mitted by the Captain of the Port, 41°53′37″ N, 087°35′26″ W; then south to Lake Michigan or his designated rep- 41°53′24″ N, 087°35′26″ W; then east to resentative. All persons and vessels 41°53′24″ N, 087°35′55″ W; then north to must comply with the instructions of 41°53′37″ N, 087°35′55″ W; then back to the Coast Guard Captain of the Port or the point of origin. his designated representative. Upon (b) Definitions. The following defini- being hailed by the U.S. Coast Guard tions apply to this section: by siren, radio, flashing light or other (1) Designated representative means means, the operator of a vessel shall any Coast Guard commissioned, war- proceed as directed. rant, or petty officer designated by the (3) All vessels must obtain permis- Captain of the Port Lake Michigan to sion from the Captain of the Port or monitor this safety zone, permit entry his designated representative to enter, into this zone, give legally enforceable move within, or exit the safety zone es- orders to persons or vessels within this tablished in this section when this zones and take other actions author- safety zone is enforced. Vessels and ized by the Captain of the Port. persons granted permission to enter (2) Public vessel means vessels owned, the safety zone must obey all lawful or- chartered, or operated by the United ders or directions of the Captain of the States, or by a State or political sub- Port or a designated representative. division thereof. (d) Notice of enforcement or suspension (c) Regulations. (1) The general regu- of enforcement. The safety zone estab- lations in 33 CFR 165.23 apply. lished by this section will be enforced (2) All persons and vessels must com- only upon notice of the Captain of the ply with the instructions of the Coast Port. The Captain of the Port will Guard Captain of the Port Lake Michi- cause notice of enforcement of the gan or a designated representative. safety zone established by this section Upon being hailed by the U.S. Coast to be made by all appropriate means to Guard by siren, radio, flashing light or the affected segments of the public in- other means, the operator of a vessel cluding publication in the FEDERAL shall proceed as directed. REGISTER as practicable, in accordance (3) All vessels must obtain permis- with 33 CFR 165.7(a). Such means of no- sion from the Captain of the Port Lake tification may also include, but are not Michigan or a designated representa- limited to Broadcast Notice to Mari- tive to enter, move within or exit the ners or Local Notice to Mariners. safety zone established in this section (e) Exemption. Public vessels, as de- when this safety zone is enforced. Ves- fined in paragraph (b) of this section, sels and persons granted permission to are exempt from the requirements in enter the safety zone shall obey all this section. lawful orders or directions of the Cap- (f) Waiver. For any vessel, the Cap- tain of the Port Lake Michigan or a designated representative. While with- tain of the Port Lake Michigan or his in a safety zone, all vessels shall oper- designated representative may waive ate at the minimum speed necessary to any of the requirements of this section, maintain a safe course. upon finding that operational conditions or other circumstances are such (d) Notice of Enforcement or Suspension that application of this section is un- of Enforcement. The safety zone estab- necessary or impractical for the pur- lished by this section will be enforced only upon notice of the Captain of the poses of public or environmental safe- Port. The Captain of the Port Lake ty. Michigan will cause notice of enforce- [USCG–2013–0320, 78 FR 42867, July 18, 2013] ment of the safety zone established by

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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) Exemption. Public vessels as de- 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 un- of Enforcement. The safety zone estab- necessary or impractical for the pur- lished by this section will be enforced poses of safety or environmental safe- only upon notice of the Captain of the ty. 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 including publication in the FEDERAL (a) Location. The following area is a REGISTER as practicable, in accordance safety zone: the waters of Lake Michi- with 33 CFR 165.7(a). Such means of no- gan within Milwaukee Harbor includ- tification may also include, but are not ing the Harbor Island Lagoon enclosed limited to Broadcast Notice to Mari- by a line connecting the following ners or Local Notice to Mariners. The points: beginning at 43°02′00″ N, Captain of the Port will issue a Broad- 087°53′53″ W; then south to 43°01′44″ N, cast Notice to Mariners notifying the 087°53′53″ W; then east to 43°01′44″ N, public when enforcement of the safety 087°53′25″ W; then north to 43°02′00″ N, zone established by this section is sus- 087°53′25″ W; then west to the point of pended. origin. (e) Exemption. Public vessels as de- (b) Definitions. The following defini- fined in paragraph (b) of this section tions apply to this section: are exempt from the requirements in (1) Designated representative means this section. any Coast Guard commissioned, war- (f) Waiver. For any vessel, the Cap- rant, or petty officer designated by the tain of the Port Lake Michigan or a Captain of the Port Lake Michigan to designated representative may waive monitor this safety zone, permit entry any of the requirements of this section, into this zone, give legally enforceable upon finding that operational condi- orders to persons or vessels within this tions or other circumstances are such zone and take other actions authorized that application of this section is un- by the Captain of the Port. necessary or impractical for the pur- (2) Public vessel means vessels owned, poses of safety or environmental safe- chartered, or operated by the United ty. States, or by a State or political subdivision thereof. [CGD09–07–008, 72 FR 32523, June 13, 2007]

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§ 165.939 Safety Zones; Annual Events Black River Bay within a 1,120 foot rain the Captain of the Port Buffalo dius of position 43°57′15.9″ N, 076°06′39.2″ Zone. W (NAD 83) in Sackets Harbor, NY. (a) Safety Zones. The following are (ii) Enforcement period. The third designated as safety zones. The en- weekend of July from 9 p.m. to 10:45 forcement dates and times for each of p.m. each year. the safety zones listed in this section (7) Oswego Harborfest, Oswego, NY. (i) are subject to change, but the duration Location. All U.S. waters of Lake On- of enforcement would remain the same tario within a 1,000 foot radius of posi- or nearly the same as the total number tion 43°28′10″ N, 076°31′04″ W (NAD 83) in of hours as published. In the event of a Oswego, NY. change, the Captain of the Port Sector (ii) Enforcement period. The last Sat- Buffalo will provide notice to the pub- urday of July from 9 to 10:30 p.m. each lic by publishing a Notice of Enforce- year. ment in the FEDERAL REGISTER, as well (8) Brewerton Fireworks, Brewerton, as, issuing a Broadcast Notice to Mari- NY. (i) Location. All U.S. waters of ners. Lake Oneida within an 840 foot radius (1) Boldt Castle 4th of July Fireworks, of barge position 43°14′16.4″ N, Heart Island, NY. (i) Location. All U.S. 076°08′03.6″ W (NAD 83) in Brewerton, waters of the Saint Lawrence River NY. within a 1,120 foot radius of land posi- (ii) Enforcement period. July 3 from 9 tion 44°20′38.5″ N, 075°55′19.1″ W (NAD 83) p.m. to 10:30 p.m. each year. at Heart Island, NY. (9) Celebrate Baldwinsville Fireworks, (ii) Enforcement period. July 4 from Baldwinsville, NY. (i) Location. All U.S. 8:30 p.m. to 10:30 p.m. each year. waters of the Seneca River within a 700 (2) Clayton Chamber of Commerce Fire- foot radius of land position 43°09′24.9″ works, Calumet Island, NY. (i) Location. N, 076°20′18.9″ W (NAD 83) in All U.S. waters of the Saint Lawrence Baldwinsville, NY. River within an 840 foot radius of land (ii) Enforcement period. The first position 44°15′04″ N, 076°05′40″ W (NAD weekend of July from 9 p.m. to 11 p.m. 83) at Calumet Island, NY. each year. (ii) Enforcement period. July 3 from 9 (10) Island Festival Fireworks, p.m. to 11:30 p.m. of each year. Baldwinsville, NY. (i) Location. All U.S. (3) French Festival Fireworks, Cape waters of the Seneca River within a Vincent, NY. (i) Location. All U.S. 1,120 foot radius of land position waters of the Saint Lawrence River 43°09′22″ N, 076°20′15″ W (NAD 83) in within an 840 foot radius of land posi- Baldwinsville, NY. tion 44°07′54.6″ N, 076°20′01.3″ W (NAD 83) (ii) Enforcement period. The first in Cape Vincent, NY. weekend of July from 9:30 p.m. to 11 (ii) Enforcement period. The second p.m. each year. weekend of July from 9:15 p.m. to 11 (11) Seneca River Days, Baldwinsville, p.m. each year. NY. (i) Location. All U.S. waters of the (4) Lyme Community Days, Chaumont, Seneca River within an 840 foot radius NY. (i) Location. All U.S. waters of of land position 43°09′25″ N, 076°20′21″ W Chaumont Bay within a 560 foot radius (NAD 83) in Baldwinsville, NY. of position 44°04′06.3″ N, 076°08′56.8″ W (ii) Enforcement period. The second (NAD 83) in Chaumont, NY. weekend of July from 9 p.m. to 10:30 (ii) Enforcement period. The fourth p.m. each year. weekend of July from 8:30 p.m. to 11 (12) City of Syracuse Fireworks Celebra- p.m. each year. tion, Syracuse, NY. (i) Location. All U.S. (5) Village Fireworks, Sackets Harbor, waters of Onondaga Lake within a 350 NY. (i) Location. All U.S. waters of foot radius of land position 43°03′37″ N, Black River Bay within an 840 foot ra- 076°09′59″ W (NAD 83) in Syracuse, NY. dius of position 43°56′51.9″ N, 076°07′46.9″ (ii) Enforcement period. The last week- W (NAD 83) in Sackets Harbor, NY. end of June from 9:30 p.m. to 10:30 p.m. (ii) Enforcement period. July 4 from each year. 8:30 p.m. to 10:30 p.m. each year. (13) Tom Graves Memorial Fireworks, (6) Can-Am Festival, Sackets Harbor, Port Bay, NY. (i) Location. All U.S. NY. (i) Location. All U.S. waters of waters of Port Bay within an 840 foot

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radius of barge position 43°18′14.8″ N, (ii) Enforcement period. The third 076°50′17.3″ W (NAD 83) in Port Bay, NY. weekend of August from 9:45 p.m. to (ii) Enforcement period. July 3 from 9 10:30 p.m. each year. p.m. to 10:30 p.m. of each year. (21) Conneaut Fourth of July Fire- (14) Village Fireworks, Sodus Point, NY. works, Conneaut, OH. (i) Location. All (i) Location. All U.S. waters of Sodus U.S. waters of Lake Erie within an 840 Bay within a 1,120 foot radius of land foot radius of position 41°58′01.3″ N, position 43°16′28.7″ N, 076°58′27.5″ W 080°33′39.5″ W (NAD 83) in Erie, PA. (NAD 83) in Sodus Point, NY. (ii) Enforcement period. The first Sun- (ii) Enforcement period. July 3 from day of July from 9 p.m. to 11:30 p.m. 9:30 p.m. to 10:30 p.m. each year. each year. (15) Rochester Harbor and Carousel Fes- (22) Fairport Harbor Mardi Gras, tival, Rochester, NY. (i) Location. All Fairport, OH. (i) Location. All U.S. U.S. waters of Lake Ontario within a waters of Lake Erie within a 350 foot 1,120 foot radius of land position radius of land position 41°45′30″ N, 43°15′40.2″ N, 077°36′05.1″ W (NAD 83) in 081°16′18″ W (NAD 83) east of the harbor Rochester, NY. entrance at Fairport Harbor Beach, (ii) Enforcement period. The fourth OH. Monday of June from 8 p.m. to 10 p.m. (ii) Enforcement period. The beginning each year. of the second week of July from 9 p.m. (16) A Salute to our Heroes, Hamlin to 10:30 p.m. each year. Beach State Park, NY. (i) Location. All (23) Mentor Harbor Yacht Club Fire- U.S. waters of Lake Ontario within a works, Mentor Harbor, OH. (i) Location. 560 foot radius of land position All U.S. waters of Lake Erie and Men- 43°21′51.9″ N, 077°56′59.6″ W (NAD 83) in tor Harbor within a 700 foot radius of Hamlin, NY. land position 41°43′36″ N, 081°21′09″ W (ii) Enforcement period. The first (NAD 83) in Mentor Harbor, OH. weekend of July from 9:45 p.m. to 11:30 (ii) Enforcement period. July 3 from 9 p.m. each year. p.m. to 10:30 p.m. each year. (17) Olcott Fireworks, Olcott, NY. (i) (24) Browns Football Halftime Fire- Location. All U.S. waters of Lake On- works, Cleveland, OH. (i) Location. All tario within a 1,120 foot radius of land U.S. waters of Cleveland Harbor and position 43°20′23.6″ N, 078°43′09.5″ W Lake Erie encompassed by a line begin- (NAD 83) in Olcott, NY. ning at approximate land position (ii) Enforcement period. July 3 from 41°30′49.4″ N, 081°41′37.2″ W (the north- 9:30 p.m. to 11 p.m. of each year. west corner of Burke Lakefront Air- (18) North Tonawanda Fireworks, North port); continuing northwest to Tonawanda, NY. (i) Location. All U.S. 41°31′10.6″ N, 081°41′53.0″ W; then south- waters of the East Niagara River with- west to 41°30′48.6″ N, 081°42′30.9″ W (the in a 1,400 foot radius of land position northwest corner of dock 28 at the 43°01′39.6″ N, 078°53′07.5″ W (NAD 83) in Cleveland Port Authority) then north- North Tonawanda, NY. east back to the starting point at (ii) Enforcement period. July 4 from 41°30′49.4″ N, 081°41′37.2″ W (NAD 83). 8:45 p.m. to 10:15 p.m. of each year. (ii) Enforcement period. On a Sunday (19) Tonawanda’s Canal Fest Fire- during the second or third Cleveland works, Tonawanda, NY. (i) Location. All Browns home game each year. The Cap- U.S. waters of the East Niagara River tain of the Port will issue a Notice of within a 210 foot radius of land position Enforcement each year for this Browns 43°01′17.8″ N, 078°52′40.9″ W (NAD 83) in Football Halftime Fireworks’ safety Tonawanda, NY. zone. (ii) Enforcement period. The fourth (25) City of Cleveland 4th of July, Cleve- Sunday of July from 9 p.m. to 10:30 land, OH. (i) Location. All U.S. waters p.m. each year. of Lake Erie and Cleveland Harbor (20) Celebrate Erie Fireworks, Erie, PA. within a 1,000 foot radius of land posi- (i) Location. All U.S. waters of Presque tion 41°30′10″ N, 081°42′36″ W (NAD 83) at Isle Bay within an 800 foot radius of Dock 20 in Cleveland, OH. land position 42°08′19″ N, 080°05′29″ W (ii) Enforcement period. July 4 from (NAD 83) in Erie, PA. 9:30 p.m. to 11 p.m. each year.

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(26) Cleveland Yachting Club Fireworks West to 42°057′48″ N, 078°56′22″ W and re- Display, Rocky River, OH. (i) Location. turning to the point of origin (NAD 83) All U.S. waters of the Rocky River and (ii) Enforcement period. The first Lake Erie within a 560 foot radius of weekend of September from 9 a.m. to 4 land position 41°29′25.7″ N, 081°50′18.5″ W p.m. each year. (NAD 83), at Sunset Point on the west- (32) D-Day Conneaut Air Show, ern side of the mouth of the Rocky Conneaut, OH. (i) Location. All U.S. River in Cleveland, OH. waters of Conneaut Township Park, (ii) Enforcement period. The second Lake Erie, Conneaut, OH encompassed Thursday of July from 9:15 p.m. to 11 by a line starting at 41°57.71′ N, p.m. each year. 080°34.18′ W; to 41°58.36′N, 080°34.17′ W; (27) Sheffield Lake Fireworks, Sheffield then to 41°58.53′ N, 080°33.55′ W; to Lake, OH. (i) Location. All U.S. waters 41°58.03′ N, 080°33.72′W; and returning to of Lake Erie within a 700 foot radius of the point of origin. (NAD 83). land position 41°29′26.2″ N, 082°06′47.7″ W (ii) Enforcement period. The third (NAD 83), at the lake front area in weekend of August from 1:45 p.m. to Sheffield Lake, OH. 5:30 p.m. each year. (ii) Enforcement period. The second (33) Bay Swim, Erie, PA. (i) Location. Friday of July from 9:30 p.m. to 11 p.m. All U.S. waters of Presque Isle Bay, each year. Erie, PA within a 1000 feet of a line (28) Lorain 4th of July Celebration Fire- starting at Vista 3 in Presque Isle works, Lorain, OH. (i) Location. All U.S. State Park at position 42°07′29.30″ N, waters of Lorain Harbor within a 1,400 80°08′48.82″ W and ending at to the Erie foot radius of land position 41°28′35.5″ Yacht Club at position 42°07′21.74″ N, N, 082°10′51.3″ W (NAD 83), east of the 80°07′58.30″ W (NAD 83). harbor entrance on the end of the (ii) Enforcement period. The third break wall near Spitzer’s Marina. week in June each year. (ii) Enforcement period. July 4 from (34) Rover Fest fireworks display, Cleve- 9:15 p.m. to 11 p.m. each year. land, OH. (i) Location. All U.S. waters (29) Lorain Port Fest Fireworks Dis- of Lake Erie, Cleveland, OH within a play, Lorain, OH. (i) Location. All U.S. 280 foot radius from position 41°30′34.23″ waters of Lorain Harbor within a 750 N and 081°41′ 55.73″ W (NAD 83). foot radius of land position 41°28′02.4″ (ii) Enforcement period. The second or N, 082°10′21.9″ W (NAD 83) in Lorain, third weekend of July each year. OH. (35) Cleveland National Air show, (ii) Enforcement period. The third Cleveland, OH. (i) Location. The safety weekend of July from 9:45 p.m. to 11 zone encompass the portion of Lake p.m. each year. Erie and Cleveland Harbor within a (30) Thunder of the Niagara Hydro- line originating near Burke Lakefront plane boat races, North Tonawanda, NY. Airport from position 41°30′20″ N and (i) Location. All U.S. waters of Niagara 081°42′20″ W to 41°30′50″ N and 081°42′49″ River, near North Tonawanda, NY W, to 41°32′09″ N and 081°39′49″ W, to within 2 miles of the North Grand Is- 41°31′53″ N and 081°39′24″ W, then return land Bridge, encompassed by a line to the original position (NAD 83). starting at 43°03′32.95″ N, 078°54′46.93″ W (ii) Enforcement period. On the Friday to 43°03′14.55″ N, 078°55′15.97″ W then to before Labor Day through the Wednes- 43°02′39.72″ N, 078°54′13.05″ W then to day following Labor Day with max- 43°02′59.99″ N, 078°53′41.99″ W and return- imum daily times from 8 a.m. to 6 p.m. ing to the point of origin (NAD 83). The daily time period will be reduced (ii) Enforcement period. The second of as operations permit. weekend of August from 9 a.m. to 5 (b) Definitions. The following defini- p.m. each year. tions apply to this section: (31) Antique Boat Show Hydroplane (1) On-scene Representative means any boat races, Grand Island, NY. (i) Loca- Coast Guard commissioned, warrant, or tion. All waters of Niagara River, petty officer designated by the Captain Grand Island, NY encompassed by a of the Port Buffalo to monitor a safety line starting at position 42°59′59″ N, zone, permit entry into the zone, give 078°56′22″ W, East to 49°59′54″ N,078°56′14″ legally enforceable orders to persons or W, South to 42°57′54″ N, 078°56′04″ W, vessels within the zones, and take

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other actions authorized by the Cap- main the same or nearly the same total tain of the Port. number of hours as stated above. In ei- (2) Public vessel means vessels owned, ther event, whether the safety zones chartered, or operated by the United occur at the dates and times as stated States, or by a State or political sub- above, or whether the date or time of a division thereof. safety zone changes, the Captain of the (c) Regulations. In accordance with Port Buffalo will similarly make such the general regulations in § 165.23, notification as described in this para- entry into, transiting, or anchoring graph (f). Such means of further notifi- within is the aforementioned safety cation may also include, but are not zones are prohibited unless authorized limited to Broadcast Notice to Mari- by the Captain of the Port Buffalo or ners or Local Notice to Mariners. The his designated on-scene representative. Captain of the Port will issue a Broad- (1) The safety zones described in cast Notice to Mariners notifying the paragraph (a) of this section are closed public when enforcement of the safety to all vessel traffic, except as may be zone is cancelled. permitted by the Captain of the Port [USCG–2014–0081, 79 FR 36407, June 27, 2014] Buffalo or his designated on-scene representative. § 165.941 Safety Zones; Annual Events (2) Vessel operators desiring to enter in the Captain of the Port Detroit or operate within the safety zones de- Zone. scribed in paragraph (a) of this section (a) Safety Zones. The following areas must contact the Captain of the Port are designated Safety zones: (1) Buffalo or his on-scene representative Roostertail Fireworks (barge), Detroit, to obtain permission to do so. The Cap- MI: tain of the Port Buffalo or his on-scene (i) Location: All waters of the Detroit representative may be contacted via River within a 300-foot radius of the VHF Channel 16. Vessel operators given fireworks launch site located at posi- permission to enter or operate in a tion 42°21′16.67″ N, 082°58′20.41″ W. (NAD safety zone must comply with all direc- 83). This area is located between De- tions given to them by the Captain of troit and Belle Isle near the the Port Buffalo, or his on-scene rep- Roostertail restaurant. resentative. (ii) Expected date: One evening during (d) Exemption. Public vessels, as de- the third week in July. The exact dates fined in paragraph (c) of this section, and times for this event will be deter- are exempt from the requirements in mined annually. this section. (2) Washington Township (e) Waiver. For any vessel, the Cap- Summerfest Fireworks, Toledo, OH: tain of the Port Buffalo or his des- (i) Location: All waters of the Ottawa ignated representative may waive any River within a 600-foot radius of the of the requirements of this section, fireworks launch site located at posi- upon finding that operational condition 41°43′29″ N, 083°28′47″ W (NAD 83). tions or other circumstances are such This area is located at the Fred C. that application of this section is un- Young Bridge, Toledo, OH. necessary or impractical for the pur- (ii) Expected date: One evening during poses of public or environmental safe- the last week in June or the first week ty. in July. The exact dates and times for (f) Notification. The Captain of the this event will be determined annually. Port Buffalo will notify the public that (3) Au Gres City Fireworks, Au Gres, the safety zones in this section are or MI: will be enforced by all appropriate (i) Location: All waters of Saginaw means to the affected segments of the Bay within a 700-foot radius of the fire- public through publication in the FED- works launch site located at position ERAL REGISTER as practicable, in ac- 44°1.4′ N, 083°40.4′ W (NAD 83). This area cordance with 33 CFR 165.7(a). Addi- is located at the end of the pier near tionally, the enforcement dates and the end of Riverside Drive in Au Gres, times for each of the safety zones listed MI. above are subject to change, though (ii) Expected date: One evening during the duration of enforcement would re- the last week in June or the first week

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in July. The exact dates and times for (ii) Expected date: One evening during this event will be determined annually. the second week in July. The exact (4) The Old Club Fireworks, Harsens dates and times for this event will be Island, MI: determined annually. (i) Location: All waters of Lake St. (9) Trenton Rotary Roar on the River Clair within an 850-foot radius of the Fireworks, Trenton, MI: fireworks launch site located at posi- (i) Location: All waters of the Detroit tion 42°32.4′ N, 082°40.1′ W (NAD 83). River within a 420-foot radius of the This area is located near the southern fireworks launch site located at posi- end of Harsens Island, MI. tion 42°7.8′ N, 083°10.4 ′ W (NAD 83). This (ii) Expected date: One evening during area is located between Grosse Ile and the last week of June or the first week Elizabeth Park in Trenton, MI. of July. The exact dates and times for (ii) Expected date: One evening during this event will be determined annually. the third week in July. The exact dates (5) Put-In-Bay Fourth of July Fire- and times for this event will be deter- works, Put-In-Bay, OH: mined annually. (i) Location: All waters of Lake Erie (10) Nautical Mile Venetian Festival within a 1000-foot radius of the fire- Fireworks, St. Clair Shores, MI: works launch site located at position (i) Location: All waters of Lake St. 41°39.7′ N, 082°48.0′ W (NAD 83). This Clair within a 210-foot radius of the area is located in Put-In-Bay Harbor. fireworks launch site located at posi- (ii) Expected date: One evening during tion 42°28.2′ N, 082°52.5′ W (NAD 83). the first week of July. The exact dates This area is located near Jefferson and times for this event will be deter- Beach Marina in St. Clair Shores, MI. mined annually. (ii) Expected date: One evening during (6) Gatzeros Fireworks, Grosse the second week in August. The exact Pointe Park, MI: dates and times for this event will be (i) Location: All waters of Lake St. determined annually. Clair within a 300-foot radius of the (11) Cheeseburger Festival Fireworks, fireworks launch site located at posi- Caseville, MI: tion 42°22.6′ N, 082°54.8′ W (NAD 83). (i) Location: All waters of Lake Huron This area is located near Grosse Pointe within a 300-foot radius of the fire- Park, MI. works launch site located at position (ii) Expected date: One evening during 43°56.9′ N, 083°17.2′ W (NAD 83). This the first week in July. The exact dates area is located near the break wall lo- and times for this event will be deter- cated at Caseville County Park, mined annually. Caseville, MI. (7) Harrisville Fireworks, Harrisville, (ii) Expected date: One evening during MI: the second week in August. The exact (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 (12) 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. (8) 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 (13) 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

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the fireworks launch site located at po- and times for this event will be deter- sition 42°42.9′ N, 082°29.1′ W (NAD 83). mined annually. This area is located east of Marine (18) Pharm Lights Up The Night Fire- City. works, Toledo, OH: (ii) Expected date: One evening during (i) Location: All waters of the the third week in September. The exact Maumee River, within a 300-yard radius dates and times for this event will be of the fireworks launch site located at determined annually. position 41°38′35″ N, 83°31′54″ W. (NAD (14) Schoenith Family Foundation 83). This position is located at the bow Fireworks, Detroit, MI: of the museum ship SS WILLIS B. (i) Location: All waters of the Detroit BOYER. River, within a 210-foot radius of the (ii) Expected date: One day evening fireworks launch site located at posi- during the first or second weeks in tion 42°21.2′ N, 82°58.4′ W. (NAD 83). This July. The exact dates and times for area is located between Detroit and this event will be determined annually. Belle Isle. (19) Perrysburg/Maumee 4th of July (ii) Expected date: One evening during Fireworks, Perrysburg, OH: the third week in September. The exact (i) Location: All waters of the dates and times for this event will be Maumee River, within an 850-foot ra- determined annually. dius of the fireworks launch site lo- (15) Toledo Country Club Memorial cated at position 41°33′27″ N, 83°38′59″ W. Celebration and Fireworks, Toledo, OH: (NAD 83). This position is located at (i) Location: All waters of the the Perrysburg/Maumee Hwy 20 Bridge. Maumee River, within a 250-yard radius (ii) Expected date: One evening during of the fireworks launch site located on the first week in July. The exact dates shore at position 41°35′12.58″ N, and times for this event will be deter- 83°36′16.58″ W. (NAD 83). This area is lo- mined annually. cated at the Toledo Country Club’s (20) Lakeside July 4th Fireworks, 18th Green and encompasses the fire- Lakeside, OH: works launch site. (i) Location: All waters of Lake Erie, (ii) Expected date: One evening during within a 560-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- 41°32′52″ N, 82°45′03″ W. (NAD 83). This mined annually. position is located at the Lakeside As- (16) Luna Pier Fireworks Show, Luna sociation Dock. Pier, MI: (ii) Expected date: One evening during (i) Location: All waters of Lake Erie, the first week in July. The exact dates within a 300-yard radius of the fire- and times for this event will be deter- works launch site located at position mined annually. 41°48′32″ N, 83°26′23″ W. (NAD 83). This (21) 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 (17) 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- (22) 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).

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This position is located at the Huron (27) Lakeside Labor Day Fireworks, Ore Docks in Huron, OH. Lakeside, OH: (ii) Expected date: One evening during (i) Location: All waters of Lake Erie, the first week in July. The exact dates within a 560-foot radius of the fire- and times for this event will be deter- works launch site located at position mined annually. 41°32′52″ N, 82°45′03″ W. (NAD 83). This (23) Huron Riverfest Fireworks, position is located at the Lakeside As- Huron, OH: sociation Dock. (i) Location: All waters of Huron Har- (ii) Expected date: One evening during bor, within a 350-foot radius of the fire- the first week in September. The exact works launch site located at the Huron dates and times for this event will be Ore Docks at position 41°23′38″ N, determined annually. 82°32′59″ W. (NAD 83). (28) Catawba Island Club Fireworks, (ii) Expected date: One evening during Catawba Island, OH: the second week in July. The exact (i) Location: All waters of Lake Erie, dates and times for this event will be within a 300-yard radius of the fire- determined annually. works launch site located at position ° ′ ″ ° ′ ″ (24) Kelleys Island, Island Fest Fire- 41 34 20 N, 82 51 18 W. (NAD 83). This works, Kelleys Island, OH: position is located at the northwest end of the Catawba Cliffs Harbor Light (i) Location: All waters of Lake Erie, Pier. within a 300-yard radius of the fire- (ii) Expected date: One evening during works launch site located at position the first week in September. The exact 41°35′43″ N, 82°43′30″ W. (NAD 83). This dates and times for this event will be position is located at the old Neuman determined annually. Boat Line Dock. (29) Bay-Rama Fishfly Festival Fire- (ii) Expected date: One evening during works, New Baltimore, MI: the third or fourth weeks in July. The (i) Location: All waters of Lake St. exact dates and times for this event Clair-Anchor Bay, off New Baltimore will be determined annually. City Park, within a 300-yard radius of (25) Riverfest at the International the fireworks launch site located at po- Docks, Toledo, OH: sition 42°41′ N, 082°44′ W (NAD 83). (i) Location: All waters of the (ii) Expected date: One evening during Maumee River, extending from the bow the first week in June. The exact dates of the museum ship SS WILLIS B. and times for this event will be deter- BOYER (41°38′35″ N, 83°31′54″ W), then mined annually. north/north-east to the south end of (30) Lake Erie Metropark Fireworks, the City of Toledo Street (41°38′51″ N, Gibraltar, MI: 83°31′50″ W), then south-west to the red (i) Location: All waters of Lake Erie, nun buoy #64 (41°38′48″ N, 83°31′58″), off Lake Erie Metro Park, within a 300- then south/south-east back to the point yard radius of the fireworks launch site 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- (26) Rossford Labor Day Fireworks, mined annually. Rossford, OH: (31) 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.

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(32) Oscoda Township Fireworks, (37) Algonac Pickerel Tournament Oscoda, MI: Fireworks, Algonac, MI: (i) Location: All waters of Lake (i) Location: All waters of the St. Huron, off the DNR Boat Launch near Clair River, within a 300-yard radius of the mouth of the Au Sable River with- the fireworks barge located at position in a 300-yard radius of the fireworks 41°37′ N, 082°32′ W. (NAD 83). This posi- launch site located at position 44°19′ N, tion is located between Algonac and 083°25′ W (NAD 83). Russell Island, St. Clair River-North (ii) Expected date: One evening during Channel. the first week in July. The exact dates (ii) Expected date: One evening during and times for this event will be deter- the first week in July. The exact dates mined annually. and times for this event will be deter- (33) Port Austin Fireworks, Port Aus- mined annually. tin, MI: (38) Port Sanilac Fireworks, Port (i) Location: All waters of Lake Sanilac, MI: Huron, off the Port Austin break wall (i) Location: All waters of Lake Huron within a 300-yard radius of the fire- within a 300-yard radius of the fireworks launch site located at position works launch site located at position 42°03′ N, 082°40′ W. (NAD 83). 43°25′ N, 082°31′ W. (NAD 83). This posi- (ii) Expected date: One evening during tion is located at the South Harbor the first week in July. The exact dates Break wall in Port Sanilac. and times for this event will be deter- (ii) Expected date: One evening during mined annually. the first week in July. The exact dates (34) City of Wyandotte Fireworks, and times for this event will be deter- Wyandotte, MI: mined annually. (i) Location: All waters of the Detroit (39) St. Clair Shores Fireworks, St. River, off the break wall between Oak Clair Shores, MI: and Van Alstyne St., within a 300-yard (i) Location: All waters of Lake St. radius of the fireworks launch site lo- Clair within a 300-yard radius of the cated at position 42°12′ N, 083°09′ W. fireworks barge located at position (NAD 83). 42°32′ N, 082°51′ W. (NAD 83). This posi- (ii) Expected date: One evening during tion is located 1000 yards east of Vet- the first week in July. The exact dates eran’s Memorial Park, St. Clair Shores. and times for this event will be deter- (ii) Expected date: One evening during mined annually. the first week in July. The exact dates (35) Grosse Pointe Farms Fireworks, and times for this event will be deter- Grosse Pointe Farms, MI: mined annually. (i) Location: All waters of Lake St. (40) Port Huron 4th of July Fire- Clair, within a 300-yard radius of the works, Port Huron, MI: fireworks barge located at position (i) Location: All waters of the Black 42°23′ N, 082°52′ W. (NAD 83). This posi- River within a 300-yard radius of the tion is located 300 yards east of Grosse fireworks barge located at position Pointe Farms, MI. 42°58′ N, 082°25′ W. (NAD 83). This posi- (ii) Expected date: One evening during tion is located 300 yards east of 223 the first week in July. The exact dates Huron Ave., Black River. and times for this event will be deter- (ii) Expected date: One evening during mined annually. the first week in July. The exact dates (36) Caseville Fireworks, Caseville, and times for this event will be deter- MI: mined annually. (i) Location: All waters of Saginaw (41) Grosse Pointe Yacht Club 4th of Bay, within a 300-yard radius of the July Fireworks, Grosse Pointe Shores, fireworks launch site located at posi- MI: tion 43°56.9′ N, 083°17.2′ W. (NAD 83). (i) Location: All waters of Lake St. This position is located off the Clair within a 300-yard radius of the Caseville break wall. fireworks barge located at position (ii) Expected date: One evening during 42°25′ N, 082°52′ W. (NAD 83). This posi- the first week in July. The exact dates tion is located 400 yards east of the and times for this event will be deter- Grosse Pointe Yacht Club seawall, mined annually. Lake St. Clair.

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(ii) Expected date: One evening during tion is located 400 yards east of Belle the first week in July. The exact dates Maer Harbor, Lake St. Clair. and times for this event will be deter- (ii) Expected date: One evening during mined annually. the first week in July. The exact dates (42) Lexington Independence Festival and times for this event will be deter- Fireworks, Lexington, MI: mined annually. (i) Location: All waters of Lake Huron (47) Tawas City 4th of July Fire- within a 300-yard radius of the fireworks, Tawas, MI: works barge located at position 43°13′ (i) Location: All waters of Lake Huron N, 082°30′ W. (NAD 83). This position is within a 300-yard radius of the fire- located 300 yards east of the Lexington works launch site located at position break wall, Lake Huron. 44°13′ N, 083°30′ W. (NAD 83). This posi- (ii) Expected date: One evening during tion is located off the Tawas City Pier. the first week in July. The exact dates (ii) Expected date: One evening during and times for this event will be deter- the first week in July. The exact dates mined annually. and times for this event will be deter- (43) City of Ecorse Water Festival mined annually. Fireworks, Ecorse, MI: (48) Venetian Festival Boat Parade (i) Location: All waters of the Detroit and Fireworks, St. Clair Shores, MI: River within a 300-yard radius of the (i) Location: All waters of Lake St. fireworks barge located at position Clair within a 300-yard radius of the 41°14′ N, 083°09′ W. (NAD 83). This posi- fireworks barge located at position tion is located in the Ecorse Channel at 42°28′ N, 082°52′ W. (NAD 83). This posi- the northern end of Mud Island. tion is located 600 yards off Jefferson (ii) Expected date: One evening during Beach Marina, Lake St, Clair. the first week in July. The exact dates (ii) Expected date: One evening during and times for this event will be deter- the second week in August. The exact mined annually. dates and times for this event will be (44) Grosse Ile Yacht Club Fireworks, determined annually. Grosse Ile, MI: (49) Celebrate America Fireworks, (i) Location: All waters of the Detroit Grosse Pointe Farms, MI: River within a 300-yard radius of the (i) Location: All waters of Lake St. fireworks launch site located at posi- Clair within a 500-foot radius of the tion 42°05′ N, 083°09′ W. (NAD 83). This fireworks launch site located at posi- position is located in front of the tion 42°22′58″ N, 082°53′46″ W. (NAD 83). Grosse Ile Yacht Club. This area is located southeast of the (ii) Expected date: One evening during Grosse Pointe Yacht Club. the first week in July. The exact dates (ii) Expected date: One evening during and times for this event will be deter- the third week in June. The exact mined annually. dates and times for this event will be (45) Trenton Fireworks, Trenton, MI: determined annually. (i) Location: All waters of the Detroit (50) Target Fireworks, Detroit, MI: River within a 300-yard radius of the (i) Location: The following three fireworks barge located at position areas are safety zones: 42°09′ N, 083°10′ W. (NAD 83). This posi- (A) The first safety zone area will en- tion is located 200 yards east of Tren- compass all waters of the Detroit River ton in the Trenton Channel near Tren- bounded by the arc of a circle with a ton, MI. 900-foot radius with its center in posi- (ii) Expected date: One evening during tion 42°19′23″ N, 083°04′34″ W. the first week in July. The exact dates (B) The second safety zone area will and times for this event will be deter- encompass a portion of the Detroit mined annually. River bounded on the South by the (46) Belle Maer Harbor 4th of July International Boundary line, on the Fireworks, Harrison Township, MI: West by 083°03′30″ W, on the North by (i) Location: All waters of Lake St. the City of Detroit shoreline and on Clair within a 300-yard radius of the the East by 083°01′15″ W. fireworks barge located at position (C) The third safety zone will encom- 42°36′ N, 082°47′ W. (NAD 83). This posi- pass a portion of the Detroit River

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bounded on the South by the Inter- ographic coordinates are North Amer- national Boundary line, on the West by ican Datum of 1983 (NAD 83). the Ambassador Bridge, on the North (ii) Expected date: One evening during by the City of Detroit shoreline, and on the first week in July. The exact dates the East by the downstream end of and times for this event will be deter- Belle Isle. The Captain of the Port De- mined annually. troit has determined that vessels below (55) Toledo Labor Day Fireworks, To- 65 feet in length may enter this zone. ledo, OH: (ii) Expected date: One evening during (i) Location: All waters of the the last week in June. The exact dates Maumee River within a 300-yard radius and times for this event will be deter- of the fireworks launch site located at mined annually. position 41°38′35″ N, 083°31′54″ W. All ge- (51) Sigma Gamma Association Fire- ographic coordinates are North Amer- works, Grosse Pointe Farms, MI: ican Datum of 1983 (NAD 83). (i) Location: All waters of Lake St. (ii) Expected date: One evening during Clair, within a 300-yard radius of the the first week in September. The exact fireworks launch site located at posi- dates and times for this event will be tion 42°27′ N, 082°52′ W (NAD 83) This determined annually. position is located in the vicinity of (56) Catawba Island Club Fireworks; Ford’s Cove. Catawba Island, OH: (ii) Expected date: One evening during (i) Location. All waters of Lake Erie the last week in June. The exact dates within a 250-yard radius of the fire- and times for this event will be deter- works launch site located at position mined annually. 41–34′–18.10″ N, 082–51′–18.70″ W (NAD 83). (52) Southside Summer Fireworks, (ii) Expected date. This safety zone Port Huron, MI: will be enforced one evening during the (i) Location: All waters of St. Clair last week in May. River within a 300 yard radius of posi- (57) Put-In-Bay Chamber of Com- tion 42°57′55″ N, 082°25′20″ W. This posi- merce Fireworks, Put-In-Bay, OH: tion is located on the shore of the St. Clair River in the vicinity of Oak and (i) Location. All waters of Lake Erie 3rd Street, Port Huron, MI. All geo- within a 1,000-foot radius of the fire- graphic coordinates are North Amer- works launch site located at position ′ ″ ′ ″ ican Datum of 1983 (NAD 83). 41–39 –19 N, 082–48 –57 W (NAD 83). This (ii) Expected date: One evening during area is located in the Put-In-Bay Har- the last week in June. The exact dates bor. and times for this event will be deter- (ii) Expected dates. This safety zone mined annually. will be enforced one evening during the (53) Bay City Fireworks Festival, Bay third week in June, one evening during City, MI: the last week in June, one evening dur- (i) Location: All waters of the Sagi- ing the first week in September, and naw River near Bay City, MI, from the one evening during the second week in Veteran’s Memorial Bridge, located at September. position 43°35.8′ N; 083°53.6′ W, south ap- (58) Bay Point Fireworks Display, proximately 1000 yards to the River Marblehead, OH: Walk Pier, located at position 43°35.3′ (i) Location. All waters of Lake Erie N; 083°53.8′ W. All geographic coordi- within a 250-yard radius of the fire- nates are North American Datum of works launch site located at position 1983 (NAD 83). 41–30′–29.23″ N, 082–43′–8.45″ W (NAD 83). (ii) Expected date: Three evenings dur- (ii) Expected date. This safety zone ing the first week in July. The exact will be enforced one evening during the dates and times for this event will be first week in July. determined annually. (59) Marysville Days Fireworks, (54) Toledo 4th of July Fireworks, To- Marysville, MI: ledo, OH: (i) Location. All waters of the St. (i) Location: All waters of the Clair River within a 600 foot radius of Maumee River within a 300-yard radius the fireworks launch site located on of the fireworks launch site located at land at position 42–54′–25″ N, 082–27′–58″ position 41°38′35″ N, 083°31′54″ W. All ge- W (NAD 83).

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(ii) Expected date. This safety zone (iii) Upon being hailed by the U.S. will be enforced one evening during the Coast Guard by siren, radio, flashing last week in June. light or other means, the operator of a (60) Revolution 3 Triathlon, Lake Erie, vessel shall proceed as directed. Sandusky Bay, Cedar Point, OH— (3)(i) All vessels must obtain permis- (i) Locations. All waters of Lake Erie sion from the Captain of the Port or ′ ″ ′ within positions 41–29 –00.04 N 082–40 – his designated representative to enter, ″ ′ ″ ′ ″ 48.16 W to 41–29 –19.28 N 082–40 –38.97 move within, or exit the safety zone es- ′ ″ ′ ″ W to 41–29 –02.51 N 082–40 –20.82 W to tablished in this section when this ′ ″ ′ ″ 41–28 –45.52 N 082–40 –35.75 W then fol- safety zone is enforced. lowing the shoreline to the point of ori- (ii) Vessels and persons granted per- gin. In the event that weather requires triathlon organizers to change the lo- mission to enter the safety zone must cations of the swimming leg, the safety obey all lawful orders or directions of zones will alternatively encompass all the Captain of the Port or a designated waters of Lake Erie, Sandusky Bay, representative. Cedar Point, OH extending outward 100 (iii) While within a safety zone, all yards on either side of a line running vessels must operate at the minimum between 41–28′–38.59″ N 082–41′–10.51″ W speed necessary to maintain a safe and 41–28′–17.25″ N 082–40′–54.09″ W (NAD course. 83) running adjacent to the Cedar Point (d) Exemption. Public vessels, as de- Marina. fined in paragraph (b) of this section, (ii) Enforcement period: Two consecu- are exempt from the requirements in tive mornings during the first or sec- this section. ond weekend in September. Exact dates (e) Waiver. For any vessel, the Cap- and times will be determined annually tain of the Port Detroit or his des- and the Captain of the Port will pub- ignated representative may waive any lish a Notice of Enforcement to inform of the requirements of this section, the public. upon finding that operational condi- (b) Definitions. The following definitions or other circumstances are such tions apply to this section: that application of this section is un- (1) Designated Representative means necessary or impractical for the pur- any Coast Guard commissioned, warrant, or petty officer designated by the poses of public or environmental safe- Captain of the Port Detroit to monitor ty. a safety zone, permit entry into the (f) Notification. The Captain of the zone, give legally enforceable orders to Port Detroit will notify the public that persons or vessels within the zones, and the safety zones in this section are or take other actions authorized by the will be enforced by all appropriate Captain of the Port. means to the affected segments of the (2) Public vessel means vessels public including publication in the owned, chartered, or operated by the FEDERAL REGISTER as practicable, in United States, or by a State or polit- accordance with 33 CFR 165.7(a). Such ical subdivision thereof. means of notification may also include, (c) Regulations. (1) In accordance with but are not limited to Broadcast Notice the general regulations in § 165.23 of to Mariners or Local Notice to Mari- this part, entry into, transiting, or an- ners. The Captain of the Port may choring within this safety zone is pro- issue a Broadcast Notice to Mariners hibited unless authorized by the Cap- notifying the public when enforcement tain of the Port Detroit, or his des- of the safety zone established by this ignated representative. section is cancelled if deemed nec- (2)(i) These safety zones are closed to essary. all vessel traffic, except as may be permitted by the Captain of the Port De- [USCG–2008–0218, 73 FR 46197, Aug. 8, 2008, as troit or his designated representative. amended by USCG–2010–0126, 75 FR 32668, (ii) All persons and vessels must com- June 9, 2010; USCG–2012–0306, 77 FR 37315, ply with the instructions of the Coast June 21, 2012; USCG–2012–0313, 77 FR 42178, Guard Captain of the Port or his des- July 18, 2012; USCG–2012–0730, 79 FR 16677, ignated representative. Mar. 26, 2014]

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§ 165.943 Annual events requiring safe- (5) LaPointe Fireworks; LaPointe, WI— ty zones in the Captain of the Port (i) Location. All waters of Lake Supe- Duluth zone. rior bounded by the arc of a circle with (a) Safety zones. The following areas a 375-foot radius from the fireworks are designated safety zones: launch site with its center in position (1) Bridgefest Regatta Fireworks; 46°46′40.10″ N, 090°47′22.00″ W. Houghton, MI—(i) Location. All waters (ii) Enforcement date and time. This of the Keweenaw Waterway bounded by event historically occurs during the the arc of a circle with a 300-foot radius 4th of July week. The Captain of the from the fireworks launch site with its Port Duluth, will establish enforce- center in position 47°07′28.35″ N, ment dates that will be announced 088°35′01.78″ W. with a Notice of Enforcement and ma- (ii) Enforcement date and time. This rine information broadcast. event historically occurs in mid June. (6) Ashland Fireworks; Ashland, WI— The Captain of the Port Duluth, will (i) Location. All waters of the Lake Su- establish enforcement dates that will perior bounded by the arc of a circle be announced with a Notice of Enforce- with a 600-foot diameter from the fire- ment and marine information broad- works launch site with its center in po- cast. sition 46°35′50.37″ N, 090°52′59.82″ W. (2) Lake Superior Dragon Boat Festival (ii) Enforcement date and time. This Fireworks; Superior, WI—(i) Location. event historically occurs during the All waters of Superior Bay, WI within 4th of July week. The Captain of the a 150-foot radius with its center at Port Duluth, will establish enforce- ° ′ ″ ° ′ ″ 46 43 23.52 N 092 03 45.19 W. ment dates that will be announced (ii) Enforcement date and time. This with a Notice of Enforcement and ma- event historically occurs in late Au- rine information broadcast. gust. The Captain of the Port Duluth, (7) Point to LaPointe Swim; LaPointe, will establish enforcement dates that WI—(i) Location. All waters between will be announced with a Notice of En- Bayfield, WI and Madeline Island, WI forcement and marine information within an imaginary line created by broadcast. the following coordinates: 46°48′50.97″ (3) Duluth Fourth Fest Fireworks; Du- N, 090°48′44.28″ W, moving southeast to luth, MN—(i) Location. All U.S. navi- 46°46′44.90″ N, 090°47′33.21″ W, then mov- gable waters of the Duluth Harbor ° ′ ″ Basin Northern Section within a 900- ing northeast to 46 46 52.51 N ° ′ ″ foot radius of position 46°46′19.00″ N, 090 47 17.14 W, then moving northwest ° ′ ″ ° ′ ″ 092°06′11.00″ W. to 46 49 03.23 N 090 48 25.12 W and fi- (ii) Enforcement date and time. This nally running back to the starting event historically occurs during the point. 4th of July week. The Captain of the (ii) Enforcement date and time. This Port Duluth, will establish enforce- event historically occurs in early Au- ment dates that will be announced gust. The Captain of the Port Duluth, with a Notice of Enforcement and ma- will establish enforcement dates that rine information broadcast. will be announced with a Notice of En- (4) Cornucopia Fireworks; Cornucopia, forcement and marine information WI—(i) Location. All waters of the area broadcast. bounded by a circle with a 300-foot ra- (8) Superior Man Triathlon; Superior, dius surrounding the fireworks launch WI—(i) Location. All waters of the Du- site with its center in position luth Harbor Basin, Northern Section, 46°51′35.00″ N, 091°06′10.00″ W. including the Duluth Entry encom- (ii) Enforcement date and time. This passed in an imaginary line beginning event historically occurs the week be- at point 46°46′36.12″ N 092°06′06.99″ W, fore, after or during 4th of July week. running southeast to 46°46′32.75″ N The Captain of the Port Duluth, will 092°06′01.74″ W, running northeast to establish enforcement dates that will 46°46′45.92″ N 092°05′45.18″ W, running be announced with a Notice of Enforce- northwest to 46°46′49.47″ N 092°05′49.35″ ment and marine information broad- W and finally running southwest back cast. to the starting point.

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(ii) Enforcement date and time. This N, 122°21′17″ W (NAD 83) within a radius event historically occurs in late Au- of 420 feet. gust. The Captain of the Port Duluth, (b) Enforcement period. The zone de- will establish enforcement dates that scribed in paragraph (a) of this section will be announced with a Notice of En- will be enforced from 9:30 p.m. through forcement and marine information 10 p.m. on July 3, 2012. The Captain of broadcast. the Port San Francisco (COTP) will no- (b) Regulations. (1) In accordance with tify the maritime community of peri- the general regulations in § 165.23 of ods during which this zone will be en- this part, entry into, transiting, or an- forced via Broadcast Notice to Mari- choring in this safety zone is prohib- ners in accordance with 33 CFR 165.7. ited unless authorized by the Captain (c) Definitions. As used in this sec- of the Port Duluth, or the designated tion, ‘‘designated representative’’ on-scene representative. means a Coast Guard Patrol Com- (2) This safety zone is closed to all mander, including a Coast Guard cox- vessel traffic except as authorized by swain, petty officer, or other officer on the Captain of the Port Duluth, or the a Coast Guard vessel or a Federal, designated on-scene representative. State, or local officer designated by or (3) The ‘‘on-scene representative’’ of assisting the COTP in the enforcement the Captain of the Port Duluth, is any of the safety zone. Coast Guard commissioned, warrant, or (d) Regulations. (1) Under the general petty officer who has been designated regulations in 33 CFR part 165, subpart to act on behalf of the Captain of the C, entry into, transiting or anchoring Port Duluth. The on-scene representa- within this safety zone is prohibited tive of the Captain of the Port Duluth unless authorized by the COTP or a will be aboard either a Coast Guard or designated representative. Coast Guard Auxiliary vessel. The Cap- (2) The safety zone is closed to all tain of the Port Duluth, or the des- vessel traffic, except as may be per- ignated on-scene representative may be mitted by the COTP or a designated contacted via VHF Channel 16. representative. (4) Vessel operators desiring to enter (3) Vessel operators desiring to enter or operate within the safety zone shall or operate within the safety zone must contact the Captain of the Port Du- contact the COTP or a designated rep- luth, or the designated on-scene representative to obtain permission to do resentative to obtain permission to do so. Vessel operators given permission so. Vessel operators given authoriza- to enter or operate in the safety zone tion to enter or operate in the safety must comply with all directions given zone must comply with all directions to them by the COTP or a designated given to them by the Captain of the representative. Persons and vessels Port Duluth, or the on-scene represent- may request permission to enter the ative. safety zone on VHF–23A or through the 24-hour Command Center at telephone [USCG–2013–0214, 78 FR 48804, Aug. 12, 2013] (415) 399–3547. ELEVENTH COAST GUARD DISTRICT [USCG–2012–0419, 77 FR 39417, July 3, 2012]

§ 165.T11–504 Safety zone; Independ- § 165.T11–630 Safety zone; Giants En- ence Day Fireworks Celebration for terprises Fireworks Display, San the City of Richmond, Richmond Francisco Bay, San Francisco, CA. Inner Harbor, Richmond, CA. (a) Location. This temporary safety (a) Location. This temporary safety zone is established in the navigable zone is established for the navigable waters of the San Francisco Bay near waters of Richmond Inner Harbor near Pier 48 in San Francisco, CA as de- Richmond, CA as depicted in National picted in National Oceanic and Atmos- Oceanic and Atmospheric Administra- pheric Administration (NOAA) Chart tion (NOAA) Chart 18649. From 9:30 18650. From 11 a.m. until 10:50 p.m. on p.m. until 9:50 p.m. on July 3, 2012, the May 21, 2014, the temporary safety zone temporary safety zone will encompass applies to the nearest point of the fire- the navigable waters around the fireworks barge within a radius of 100 feet works launch site in position 37°54′34″ during the loading, transit, and arrival

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of the fireworks barge from Pier 50 to land Outer Harbor Entrance Channel the launch site near Pier 48 in approxi- within the following points: 37°48.549′ mate position 37°46′40″ N, 122°22′58″ W N. 122°20.891′ W., 37°48.498′ N. 122°21.134′ (NAD83). From 10:50 p.m. until 11 p.m. W., 37°48.346′ N. 122°21.068′ W., and on May 21, 2014, the temporary safety 37°48.461′ N. 122°20.782′ W. (NAD 83). zone will increase in size and encom- (b) Enforcement period. The zone de- pass the navigable waters around and scribed in paragraph (a) of this section under the fireworks barge in approxi- will be enforced from June 1, 2017 mate position 37°46′40″ N, 122°22′58″ W through July 31, 2017 or as announced (NAD83) within a radius of 700 feet. via Broadcast Notice to Mariner. The (b) Enforcement period. The zone de- Captain of the Port San Francisco scribed in paragraph (a) of this section (COTP) will notify the maritime com- will be enforced from 11 a.m. through munity of any changes to this enforce- 11 p.m. on May 21, 2014. The Captain of ment period via Broadcast Notice to the Port San Francisco (COTP) will no- Mariners in accordance with 33 CFR tify the maritime community of peri- 165.7. ods during which this zone will be en- (c) Definitions. As used in this sec- forced via Broadcast Notice to Mari- tion, ‘‘designated representative’’ ners in accordance with 33 CFR 165.7. means a Coast Guard Patrol Com- (c) Definitions. As used in this sec- mander, including a Coast Guard cox- tion, ‘‘designated representative’’ swain, petty officer, or other officer on means a Coast Guard Patrol Com- a Coast Guard vessel or a Federal, mander, including a Coast Guard cox- State, or local officer designated by or swain, petty officer, or other officer on assisting the COTP in the enforcement a Coast Guard vessel or a Federal, of the safety zone. State, or local officer designated by or (d) Regulations. (1) Under the general assisting the COTP in the enforcement regulations in 33 CFR part 165, subpart of the safety zone. C, entry into, transiting or anchoring (d) Regulations. (1) Under the general within this safety zone is prohibited regulations in 33 CFR Part 165, Subpart unless authorized by the COTP or a C, entry into, transiting or anchoring designated representative. within this safety zone is prohibited (2) The safety zone is closed to all unless authorized by the COTP or a vessel traffic, except as may be per- designated representative. mitted by the COTP or a designated (2) The safety zone is closed to all representative. vessel traffic, except as may be per- (3) Vessel operators desiring to enter mitted by the COTP or a designated or operate within the safety zone must representative. contact the COTP or a designated rep- (3) Vessel operators desiring to enter resentative to obtain permission to do or operate within the safety zone must so. Vessel operators given permission contact the COTP or a designated rep- to enter or operate in the safety zone resentative to obtain permission to do must comply with all directions given so. Vessel operators given permission to them by the COTP or a designated to enter or operate in the safety zone representative. Persons and vessels must comply with all directions given may request permission to enter the to them by the COTP or a designated safety zone through the 24-hour Com- representative. Persons and vessels mand Center at telephone (415) 399–3547 may request permission to enter the or on VHF channel 16. safety zone on VHF–23A or through the 24-hour Command Center at telephone EFFECTIVE DATE NOTE: At 82 FR 29743, June (415) 399–3547. 30, 2017, § 165.T11–857 was added, effective June 30, 2017 until July 31, 2017. [USCG–2014–0174, 79 FR 23916, Apr. 29, 2014] § 165.1101 Security Zone: San Diego § 165.T11–857 Safety Zone; Vengeance Bay, CA. Sunken Barge, San Francisco, CA. (a) Location. The following area is a (a) Location. This temporary safety security zone: the water area within zone is established in the navigable Naval Station, San Diego enclosed by waters of San Francisco Bay, east of the following points: Beginning at Yerba Buena Island and north of Oak- 32°41′16.5″ N, 117°08′01″ W (Point A);

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thence running southwesterly to Thence running generally north along 32°40′58.3″ N, 117°08′11.0″ W (Point B); to the shoreline to Point A. 32°40′36.0″ N 117°07′49.1″ W (Point C); to (b) Regulations. (1) The general regu- 32°40′17.0′ N, 117°07′34.6″ W (Point D); to lations governing security zones found 32°39′36.4″ N, 117°07′24.8″ W (Point E); to in 33 CFR 165.33 apply to the security 32°39′38.5″ N 117°07′06.5″ W, (Point F); zone described in paragraph (a) of this thence running generally northwest- section. erly along the shoreline of the Naval (2) Entry into, or remaining in, the Station to the place of the beginning. areas of either zone is prohibited unless All coordinates referenced use datum: authorized by the Captain of the Port NAD 1983. San Diego; Commanding Officer, Naval (b) Regulations. (1) In accordance with Base Point Loma; or Commander, the general regulations in § 165.33 of this part, entry into the area of this Naval Region Southwest. zone is prohibited unless authorized by (3) Persons desiring to transit the the Captain of the Port San Diego; area of the security zone may request Commander, Naval Base San Diego; permission from the Captain of the Commander, Navy Region Southwest; Port San Diego at telephone number or the Commanding Officer, Naval Sta- (619) 278–7033 or on VHF channel 16 tion, San Diego. (156.8 MHz) or from either the Com- (2) Persons desiring to transit the manding Officer, Naval Base Point area of the security zone may contact Loma or the Commanding Officer Navy the Captain of the Port at telephone Region Southwest by calling the Navy number 619–683–6495 or on VHF channel Port Operation Dispatch at telephone 16 (156.8 MHz) to seek permission to number (619) 556–1433 or on VHF–FM transit the area. If permission is grant- channels 16 or 12. If permission is ed, all persons and vessels must comply granted, all persons and vessels must with the instructions of the Captain of comply with the instructions of the the Port or his or her designated rep- Captain of the Port San Diego or his or resentative. her designated representative. (c) Authority. In addition to 33 U.S.C. (c) Definitions. For purposes of this 1231 and 50 U.S.C. 191, the authority for section: Captain of the Port San Diego, this section includes 33 U.S.C. 1226. means the Commanding Officer of the (d) Enforcement. The U.S. Coast Coast Guard Sector San Diego; Com- Guard may be assisted in the patrol mander, Navy Region Southwest, and enforcement of this security zone by the U.S. Navy. means Navy Region Commander responsible for the Southwest Region; [COTP San Diego 04–019, 70 FR 2021, Jan. 12, Commanding Officer, Naval Base Point 2005] Loma, means the Installation Com- mander of the naval base located on § 165.1102 Security Zone; Naval Base Point Loma; San Diego Bay, CA. Point Loma, San Diego, California; Designated Representative, means any (a) Location. The following area is a U.S. Coast Guard commissioned, war- security zone: The water adjacent to rant, or petty officer who has been des- the Naval Base Point Loma, San Diego, CA, enclosed by the following coordi- ignated by the Captain of the Port San nates: Diego to assist in the enforcement of the security zone described in para- 32°42′28.8″ N, 117°14′13.2″ W (Point A) graph (a) of this section. 32°42′28.8″ N, 117°14′12.6″ W (Point B) (d) Enforcement. The U.S. Coast 32°42′10.2″ N, 117°14′03.0″ W (Point C) Guard may be assisted in the patrol 32°42′06.2″ N, 117°14′01.5″ W (Point D) and enforcement of the security zone 32°41′49.5″ N, 117°14′07.0″ W (Point E) 32°41′47.4″ N, 117°14′11.4″ W (Point F) described in paragraph (a) of this sec- 32°41′43.8″ N, 117°14′12.6″ W (Point G) tion by the U.S. Navy and local law en- 32°41′31.8″ N, 117°14′13.8″ W (Point H) forcement agencies. 32°41′33.0″ N, 117°14′01.2″ W (Point I) [USCG–2013–0580, 78 FR 72027, Dec. 2, 2013] 32°41′10.2″ N, 117°13′57.0″ W (Point J) 32°41′10.2″ N, 117°13′58.2″ W (Point K)

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§ 165.1103 Security Zone; Naval Mine Diego, California; Designated Rep- Anti Submarine Warfare Command; resentative, means any U.S. Coast San Diego Bay, San Diego, CA. Guard commissioned, warrant, or petty (a) Location. (1) The following area is officer who has been designated by the a security zone: The water adjacent to Captain of the Port San Diego to assist the Naval Mine Anti Submarine War- in the enforcement of the security zone fare Command, bound by the following described in paragraph (a) of this sec- coordinates: tion. 32°43′40.9″ N, 117°12′54.9″ W (A) (d) Enforcement. The U.S. Coast 32°43′40.6″ N, 117°12′52.3″ W (B) Guard may be assisted in the patrol 32°43′22.5″ N, 117°12′57.8″ W (C) and enforcement of the security zone 32°43′23.4″ N, 117°13′01.3″ W (D) described in paragraph (a) of this section by the U.S. Navy and local law en- Thence running generally northwest forcement agencies. along the shoreline to Point A. (2) The proposed security zone at the [USCG–2013–0580, 78 FR 72028, Dec. 2, 2013] Naval Mine Anti Submarine Warfare Command would be established to pro- § 165.1104 Security Zone: San Diego Bay, CA. vide for the 100 feet of standoff distance. (a) Location. The following area is a (b) Regulations. (1) The general regu- security zone: on the waters along the lations governing security zones found northern shoreline of Naval Base Coro- in 33 CFR 165.33 apply to the security nado, the area enclosed by the fol- zone described in paragraph (a) of this lowing points: Beginning at 32°42′53.0″ section. N, 117°11′45.0 W (Point A); thence run- (2) Entry into, or remaining in, the ning northerly to 32°42′55.5″ N, areas of either zone is prohibited unless 117°11′45.0″ W, (Point B); thence running authorized by the Captain of the Port easterly to 32°42′57.0″ N, 117°11′31.0″ W, San Diego; Commanding Officer, Naval (Point C); thence southeasterly to Mine Anti Submarine Warfare Com- 32°42′42.0″ N, 117°11′04.0″ W (Point D); mand; or Commander, Naval Region thence southeasterly to 32°42′21.0″ N, Southwest. 117°10′47.0″ W (Point E) thence running (3) Persons desiring to transit the southerly to 32°42′13.0″ N, 117°10′51.0″ W area of the security zone may request (Point F); thence running generally permission from the Captain of the northwesterly along the shoreline of Port San Diego at telephone number Naval Base Coronado to the place of be- (619) 278–7033 or on VHF channel 16 ginning. All coordinates referenced use (156.8 MHz) or from either the Com- datum: NAD 1983. manding Officer, Naval Mine Anti Sub- (b) Regulations. (1) In accordance with marine Warfare Command or the Com- the general regulations in Sec. 165.33 of mander, Navy Region Southwest by this part, entry into the area of this calling the Navy Port Operation Dis- zone is prohibited unless authorized by patch at telephone number (619) 556– the Captain of the Port San Diego; 1433 or on VHF–FM channels 16 or 12. If Commander, Naval Base Coronado, or permission is granted, all persons and Commander, Navy Region Southwest. vessels must comply with the instruc- (2) Persons desiring to transit the tions of the Captain of the Port San area of the security zone may contact Diego or his or her designated rep- the Captain of the Port at telephone resentative. number 619–683–6495 or on VHF channel (c) Definitions. For purposes of this 16 (156.8 MHz) to seek permission to section: Captain of the Port San Diego, transit the area. If permission is grant- means the Commanding Officer of the ed, all persons and vessels must comply Coast Guard Sector San Diego; Com- with the instructions of the Captain of mander, Navy Region Southwest, the Port or his or her designated rep- means Navy Region Commander re- resentative. sponsible for the Southwest Region; (c) Authority. In addition to 33 U.S.C. Commanding Officer, Naval Mine Anti 1231 and 50 U.S.C. 191, the authority for Submarine Warfare Command, means this section includes 33 U.S.C. 1226. the Installation Commander of the (d) Enforcement. The U.S. Coast naval base located on Point Loma, San Guard may be assisted in the patrol

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and enforcement of this security zone (point E); thence generally easterly by the U.S. Navy. along the air station boundary to the [COTP San Diego, 68 FR 25290, May 12, 2003] point of beginning (point A). (b)(1) In accordance with the general § 165.1105 Security Zone: San Diego regulations in § 165.23 of this part, Bay, California. entry into the area of this zone is pro- (a) Location. (1) The following area is hibited unless authorized by the Cap- a security zone: The water area adja- tain of the Port, except as provided for cent to Naval Air Station North Island, below. Coronado, California, and within 100 (2) Vessels may transit the area of yards (91 meters) of Bravo Pier, and this safety zone without permission, vessels moored thereto, bounded by the but may not anchor, stop, remain with- following points (when no vessel is in the zone, or approach within 100 moored at the pier): yards (92 meters) of the land area of (i) Latitude 32°41′53.0″ N, Longitude Coast Guard Air Station San Diego or 117°13′33.6″ W; structures attached thereto. (ii) Latitude 32°41′53.0″ N, Longitude 117°13′40.6″ W; [CGD 85–034, 50 FR 14703, Apr. 15, 1985 and (iii) Latitude 32°41′34.0″ N, Longitude COTP San Diego Reg. 85–06, 50 FR 38003, 117°13′40.6″ W; Sept. 19, 1985. Redesignated by USCG–2001– (iv) Latitude 32°41′34.0″ N, Longitude 9286, 66 FR 33642, June 25, 2001] 117°13′34.1″ W. (2) Because the area of this security § 165.1107 San Diego Bay, California. zone is measured from the pier and (a) Location. The area encompassed from vessels moored thereto, the ac- by the following geographic coordi- tual area of this security zone will be nates is a regulated navigation area: larger when a vessel is moored at ° ′ ″ ° ′ ″ Bravo Pier. 32 41 24.6 N 117 14 21.9 W ° ′ ″ ° ′ ″ (b) Regulations. In accordance with 32 41 34.2 N 117 13 58.5 W ° ′ ″ ° ′ ″ the general regulations in § 165.33 of 32 41 34.2 N 117 13 37.2 W this part, entry into the area of this Thence south along the shoreline to zone is prohibited unless authorized by 32°41′11.2″ N 117°13′31.3″ W the Captain of the Port or the Com- 32°41′11.2″ N 117°13′58.5″ W manding Officer, Naval Air Station Thence north along the shoreline to the North Island. Section 165.33 also con- point of origin. tains other general requirements. Datum: NAD 1983. [COTP San Diego Reg. 85–11, 51 FR 3776, Jan. (b) Regulations. (1) During submarine 30, 1986, as amended at 52 FR 8893, Mar. 20, docking/undocking operations at the 1987. Redesignated by USCG–2001–9286, 66 FR 33642, June 25, 2001] U.S. Naval Submarine Base on Ballast Point, San Diego Bay, California, mari- § 165.1106 San Diego Bay, California— ners transiting within the regulated safety zone. navigation area shall proceed at a (a) The waters of San Diego Bay en- speed that generates no wake from closed by the following boundaries are their vessel. a safety zone: (2) The Coast Guard will issue a From a point located on the bound- Broadcast Notice to Mariners, and if ary of Coast Guard Air Station San time permits a Local Notice to Mari- Diego, California at latitude 32°43′37.2″ ners, to inform the maritime commu- N, longitude 117°10′45.0″ W (point A), for nity of the dates and times of the sub- a point of beginning; thence southeast- marine docking/undocking operations ° ′ ″ erly to latitude 32 43 36.2 N, longitude covered by paragraph (b)(1). 117°10′41.5″ W (point B); thence south- (3) The master and/or operator of a westerly to latitude 32°43′20.2″ N, lon- vessel within the regulated navigation gitude 117°10′49.5″ W (point C); thence northwesterly to latitude 32°43′25.7″ N, area shall comply with any other or- longitude 117°11′04.6″ W (point D); ders or directions issued by the Coast thence northeasterly to latitude Guard as required for the safety of the 32°43′35.7″ N, longitude 117°10′59.5″ W

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submarine docking/undocking oper- sea floor, within 25 yards of all piers, ations covered by paragraph (b)(1). abutments, fenders and pilings of the Coronado Bay Bridge. These security [CGD11–90–07, 56 FR 14645, Apr. 11, 1991; 56 FR 40360, Aug. 14, 1991, as amended by USCG– zones will not restrict the main naviga- 1998–3799, 63 FR 35533, June 30, 1998. Redesig- tional channel nor will it restrict ves- nated by USCG–2001–9286, 66 FR 33642, June sels from transiting through the chan- 25, 2001] nel. (b) Regulations. (1) Under § 165.33, § 165.1108 Security Zones; Cruise entry into, transit through, loitering, Ships, Port of San Diego, California. or anchoring within any of these secu- (a) Definition. ‘‘Cruise ship’’ as used rity zones by all persons and vessels is in this section means a passenger ves- prohibited, unless authorized by the sel, except for a ferry, 100 gross tons or Captain of the Port, or his designated more, authorized to carry more than 12 representative. Mariners seeking per- passengers for hire; capable of making mission to transit through a security international voyages lasting more zone may request authorization to do than 24 hours, any part of which is on so from Captain of the Port or his des- the high seas; and for which passengers ignated representative. The Coast are embarked, disembarked or at a port Guard can be contacted on San Diego of call in the San Diego port. Bay via VHF-FM channel 16. (b) Location. The following areas are (2) Vessels may enter a security zone security zones: All navigable waters, if it is necessary for safe navigation extending from the surface to the sea and circumstances do not allow suffi- floor, within a 100-yard radius around cient time to obtain permission from any cruise ship that is located within the Captain of the Port. the San Diego port area landward of [COTP San Diego 04–015, 69 FR 43915, July 23, the sea buoys bounding the Port of San 2004] Diego. (c) Regulations. Under regulations in § 165.1120 Security Zone; Naval Am- 33 CFR part 165, subpart D, a person or phibious Base, San Diego, CA. vessel may not enter into or remain in (a) Location. The following area is a the security zones created by this sec- security zone: the waters of San Diego tion unless authorized by the Coast Bay, enclosed by lines connecting the Guard Captain of the Port, San Diego following points: Beginning at (COTP) or a COTP designated rep- 32°40′30.0″ N, 117°10′03.0″ W (Point A); resentative. Persons desiring to transit thence running northeasterly to these security zones may contact the 32°40′54.0″ N, 117°09′35.5″ W (Point B); COTP at telephone number (619) 278– thence running northeasterly to 7033 or on VHF–FM channel 16 (156.8 32°40′55.0″ N, 117°09′27.0″ W (Point C); MHz) to seek permission to transit the thence running southeasterly to area. If permission is granted, all per- 32°40′43.0″ N, 117°09′09.0″ W (Point D); sons and vessels must comply with the thence running southerly to 32°40′39.0″ instructions of the Captain of the Port N, 117°09′08.0″ (Point E); thence running or his or her designated 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, may be assisted in the patrol and en- 117°09′17.0″ W (Point H); thence running forcement of the security zones by the northwesterly to the shoreline to 32°40′ San Diego Harbor Police. 31.0″ N, 117°09′ 22.5″ W (Point I), thence [COTP San Diego 02–026, 68 FR 1008, Jan. 8, running along the shoreline to the be- 2003, as amended by USCG–2011–0038, 76 FR ginning point. 15218, Mar. 21, 2011] (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.

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(c) Enforcement. The U.S. Coast Guard Demarcation Line and enter San Diego may be assisted in the patrol and en- Bay or Mission Bay, and any vessels forcement of this security zone by the exercising rights under principles of U.S. Navy. international law, including innocent [CGD11–01–011, 67 FR 4661, Jan. 31, 2002] passage or force majeure, within the area of this RNA. Vessels operating § 165.1121 [Reserved] 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 are exempted from making requests as navigation area. 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 California coast—and including the in- (iii) Obtain permission for any depar- land waters of San Diego Bay and Mis- ture from or movement within the sion Bay, California, shoreward of the RNA from the Captain of the Port or COLREGS Demarcation Line —back to designated representative prior to get- the point of origin. All coordinates ref- ting underway. erence 1983 North American Datum (iv) Follow all instructions issued by (NAD 83). the Captain of the Port or designated (b) Definitions. As used in this sec- representative. tion— (v) Requests may be made by tele- COLREGS Demarcation Line means phone at 619–278–7033 (select option 2) the line described at 33 CFR 80.1104 or or via VHF-FM radiotelephone on 80.1106. channel 16 (156.800 Mhz). The call sign Public vessel means a vessel that is for radiotelephone requests to the Cap- owned or demise—(bareboat) chartered tain of the Port or designated rep- by the government of the United resentative is ‘‘Coast Guard Sector San States, by a State or local government, Diego.’’ or by the government of a foreign (2) For purposes of the requirements country and that is not engaged in in paragraph (d)(1) of this section, the commercial service. Captain of the Port or designated rep- Vessel means every description of resentative means any official des- watercraft or other artificial contriv- ignated by the Captain of the Port, in- ance used, or capable of being used, as cluding but not limited to commis- a means of transportation on water sioned, warrant, and petty officers of other than a public vessel. the U.S. Coast Guard, and any U.S. (c) Applicability. This section applies Coast Guard patrol vessel. Upon being to all vessels of 100 gross tons (GT) or hailed by a U.S. Coast Guard vessel by more, including tug and barge com- siren, radio, flashing light, or other binations of 100 GT or more (com- means, the operator of a vessel shall bined), operating within the RNA, with proceed as directed. the exception of public vessels, vessels (e) Waivers. The Captain of the Port not intending to cross the COLREGS or designated representative may, upon

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request, waive any regulation in this to do so by or through an official pa- section. trol vessel. [CGD11–05–002, 70 FR 70495, Nov. 22, 2005] (2) When hailed and/or signaled by an official patrol vessel, any spectator lo- § 165.1123 Southern California Annual cated within a safety zone during all Firework Events for the San Diego applicable effective dates and times Captain of the Port Zone. shall come to an immediate stop. (a) General. Safety zones are estab- (3) The Patrol Commander lished for the events listed in Table 1 of (PATCOM) is empowered to forbid and this section. Further information on control the movement of all vessels in exact dates, times, and other details the safety zone. The Patrol Com- concerning the exact geographical de- mander shall be designated by the cog- scription of the areas are published by nizant Coast Guard Sector Commander; the Eleventh Coast Guard District in will be a U.S. Coast Guard commis- the Local Notice to Mariners at least sioned officer, warrant officer, or petty 20 days prior to the event. officer to act as the Sector Com- (b) Regulations. All persons and ves- mander’s official representative. As the sels not registered with the sponsor as Sector Commander’s representative, participants or as official patrol ves- the PATCOM may terminate the event sels are considered spectators. The any time it is deemed necessary for the ‘‘official patrol’’ consists of any Coast protection of life and property. Guard; other Federal, state, or local PATCOM may be reached on VHF–FM law enforcement; and any public or Channel 13 (156.65MHz) or 16 (156.8MHz) sponsor-provided vessels assigned or when required, by the call sign approved by the cognizant Coast Guard ‘‘PATCOM’’. Sector Commander to patrol each (4) The Patrol Commander may, upon event. request, allow the transit of vessels (1) No spectator shall anchor, block, through the safety zone when it is safe loiter, nor impede the through transit to do so. of participants or official patrol vessels (5) The Coast Guard may be assisted in the safety zone during all applicable by other Federal, state, or local agen- effective dates and times unless cleared cies.

TABLE 1 TO § 165.1123 [All coordinates referenced use datum NAD 83]

1. San Diego, CA POPS Fireworks Display

Sponsor ...... San Diego Symphony Event Description ...... Fireworks Display. Date ...... Friday/Saturday/Sunday last weekend of June through first weekend of September. Location ...... San Diego Bay South Embarcadero, San Diego, CA Regulated Area ...... 800-foot radius safety zone around tug/barge combination located at approximately: 32°42′16″ N, 117°09′59″ W.

2. Fourth of July Fireworks, Mission Bay

Sponsor ...... Mission Bay Yacht Club Event Description ...... Fireworks Display. Date ...... One evening; the first week in July. Location ...... Mission Bay, San Diego, CA. Regulated Area ...... 800-foot radius safety zone around tug/barge combination located at approximately 32°47′00″ N, 117°14′45″ W.

3. Coronado Glorietta Bay Fourth of July Fireworks

Sponsor ...... Coronado, CA. Event Description ...... Fireworks Display. Date ...... One evening; the first week in July. Location ...... Glorietta Bay, CA. Regulated Area...... 800-foot radius safety zone around a tug/barge combination located at approximately: 32°40′43″ N, 117°10′14″ W.

4. San Diego Parade of Lights Fireworks Display

Sponsor ...... Greater Shelter Island Association.

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TABLE 1 TO § 165.1123—Continued [All coordinates referenced use datum NAD 83] Event Description ...... Boat Parade/Fireworks display. Date ...... Two evenings in December. Location ...... San Diego Harbor, San Diego, CA. Regulated Area ...... 800-foot radius safety zone around a tug/barge combination in the northern portion of the San Diego Main Ship Channel off of Harbor Island located at approximately: 32°43′25″ N, 117°11′50″ W. (Note: see also 33 CFR 100.1101, Table 1, for related marine event).

5. Big Bay Boom Fourth of July Fireworks

Sponsor ...... Port of San Diego. Event Description ...... Fireworks Display. Date ...... One evening; first week in July Location ...... San Diego Bay, San Diego, CA. Regulated Area ...... 1000-foot radius safety zone around four tug/barge combinations located at approximately: Shelter Island Barge: 32°42′48″ N, 117°13′12″ W; Harbor Island Barge: 32°43′00″ N, 117°12′00″ W; Embarcadero Barge: 32°42′45″ N, 117°10′47″ W; Seaport Village Barge: 32°42′02″ N, 117°10′00″ W.

6. MIDWAY Fireworks

Sponsor ...... USS MIDWAY Association. Event Description ...... Fireworks Display. Date ...... Evening shows throughout the year. Location ...... San Diego Bay off the USS MIDWAY, San Diego, CA. Regulated Area ...... 800-foot radius safety zone around either the tug/barge combination immediately to the west of the USS MIDWAY located at approximately: 32°42′46″ N, 117°10′47″ W or off of the western end of the flight deck of the USS MIDWAY.

7. Sea World Fireworks

Sponsor ...... Sea World. Event Description ...... Fireworks Display. Date ...... Nightly; between Memorial Day and Labor Day. Approximately 10 evening shows between Labor Day and Memorial Day, primarily on weekend evenings. Between Thanksgiving and New Year’s Day as conditions allow. Location ...... Mission Bay/Fiesta Island, San Diego, CA. Regulated Area...... 800-foot radius safety zone around a tug/barge combination located at approximately: 32°46′03″ N, 117°13′11″ W.

[USCG–2009–0559, 76 FR 50671, Aug. 16, 2011, as amended by USCG–2013–0362, 79 FR 9091, Feb. 18, 2014]

§ 165.1124 Annual Firework Events on sponsor-provided vessels assigned or the Colorado River, between Davis approved by the cognizant Coast Guard Dam (Bullhead City, Arizona) and Sector Commander to patrol each Headgate Dam (Parker, Arizona) event. within the San Diego Captain of (1) No spectator shall anchor, block, Port Zone. loiter, nor impede the through transit (a) General. Safety zones are estab- of participants or official patrol vessels lished for the events listed in Table 1 of in the safety zone during all applicable this section. Further information on effective dates and times unless cleared exact dates, times, and other details to do so by or through an official pa- concerning the exact geographical de- trol vessel. scription of the areas are published by (2) When hailed and/or signaled by an the Eleventh Coast Guard District in official patrol vessel, any spectator lo- the Local Notice to Mariners at least cated within a safety zone during all 20 days prior to the event. applicable effective dates and times (b) Regulations. All persons and ves- shall come to an immediate stop. sels not registered with the sponsor as (3) The Patrol Commander participants or as official patrol ves- (PATCOM) is empowered to forbid and sels are considered spectators. The control the movement of all vessels in ‘‘official patrol’’ consists of any Coast the safety zone. The Patrol Com- Guard; other Federal, state, or local mander shall be designated by the cog- law enforcement; and any public or nizant Coast Guard Sector Commander;

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will be a U.S. Coast Guard commis- when required, by the call sign sioned officer, warrant officer, or petty ‘‘PATCOM’’. officer to act as the Sector Com- (4) The Patrol Commander may, upon mander’s official representative. As the request, allow the transit of vessels Sector Commander’s representative, through the safety zone when it is safe the PATCOM may terminate the event to do so. any time it is deemed necessary for the (5) The Coast Guard may be assisted protection of life and property. by other Federal, state, or local agen- PATCOM may be reached on VHF–FM cies. Channel 13 (156.65MHz) or 16 (156.8MHz)

TABLE 1 TO § 165.1124 [All coordinates referenced use datum NAD 83]

1. Avi Resort & Casino Memorial Day Fireworks

Sponsor ...... Avi Resort & Casino. Event Description ...... Fireworks Display. Date ...... Sunday before Memorial Day. Location ...... Laughlin, NV. Regulated Area ...... River closure from 8 p.m.–10 p.m. The safety zone includes all navigable waters of the lower Colorado River at Laughlin, NV encompassed by the following coordinates: 35°01′05″ N, 114°38′20″ W; 35°01′05″ N, 114°38′15″ W; along the shoreline to 35°00′50″ N, 114°38′13″ W; 35°00′49″ N, 114°38′18″ W; along the shoreline to 35°01′05″N, 114°38′20″ W.

2. Laughlin/Bullhead City Rockets Over the River Fireworks

Sponsor ...... Laughlin Tourism Committee. Event Description ...... Fireworks Display. Two events over the 4th of July Weekend. One will be on the 4th and the other will be on a weekend evening closest to the 4th of July. Date ...... First week in July. Location ...... Laughlin, NV./Bullhead City, AZ. Regulated Area ...... The temporary safety zone is specifically defined as all navigable waters of the lower Colorado River at Laughlin, NV encompassed by the following coordinates: 35°09′53″ N, 114°34′15″ W; 35°09′53″ N, 114°34′07″ W; along the shoreline to 35°09′25″ N, 114°34′09″ W; 35°09′06″ N, 114°34′17″ W; along the shoreline to 35°09′53″ N, 114°34′15″ W.

3. Avi Resort & Casino Independence Day Fireworks

Sponsor ...... Avi Resort & Casino. Event Description ...... Fireworks Display. Date ...... First week in July. Location ...... Laughlin, NV. Regulated Area ...... River closure from 8 p.m.–10 p.m. The safety zone includes all navigable waters of the lower Colorado River at Laughlin, NV encompassed by the following coordinates: 35°01′05″ N, 114°38′20″ W; 35°01′05″ N, 114°38′14″ W; along the shoreline to 35°00′50″ N, 114°38′13″ W; 35°00′49″ N, 114°38′18″ W; along the shoreline to 35°01′05″ N, 114°38′20″ W.

4. Avi Resort & Casino Labor Day Fireworks

Sponsor ...... Avi Resort & Casino. Event Description ...... Fireworks Display. Date ...... Sunday before Labor Day. Location ...... Laughlin, NV. Regulated Area ...... River closure from 8 p.m.–10 p.m. The safety zone includes all navigable waters of the lower Colorado River at Laughlin, NV encompassed by the following coordinates: 35°01′05″ N, 114°38′20″ W; 35°01′05″ N, 114°38′15″ W; along the shoreline to 35°00′20″ N, 114°38′13″ W; 35°00′49″ N, 114°38′18″ W; along the shoreline to 35°01′05″N, 114°38′20″ W.

5. Colorado Belle & Edgewater Hotel/Casino Thanksgiving Fireworks

Sponsor ...... Edgewater Hotel & Casino Event Description ...... Fireworks Display. Date ...... One evening during Thanksgiving week. Location ...... Laughlin, NV. Regulated Area ...... The temporary safety zone is specifically defined as all navigable waters of the lower Colorado River at Laughlin, NV, from 10 p.m.–12:30 a.m., encompassed by the following coordinates: 35°09′51″ N, 114°34′08″ W; 35°09′53″ N, 114°34′15″ W, along the shoreline to 35°09′31″ N, 114°34′17″ W; 35°09′33″ N, 114°34′08″ W along the shoreline to 35°09′51″ N, 114°34′08″ W.

6. Colorado Belle & Edgewater Hotel/Casino New Years Eve Fireworks

Sponsor ...... Edgewater Hotel & casino.

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TABLE 1 TO § 165.1124—Continued [All coordinates referenced use datum NAD 83] Event Description ...... Fireworks Display. Date ...... New Years Eve. Location ...... Laughlin, NV. Regulated Area ...... The temporary safety zone is specifically defined as all navigable waters of the lower Colorado River at Laughlin, NV, from 10 p.m.–12:30 a.m., encompassed by the following coordinates: 35°09′51″ N, 114°34′08″ W; 35°09′53″ N, 114°34′15″ W along the shoreline to 35°09′ 31″ N, 114°34′18″ W; 35°09′33″ N, 114°34′08″ W along the shoreline to 35°09′51″ N, 114°34′08″ W.

[USCG–2009–0559, 76 FR 50672, Aug. 16, 2011, as amended by USCG–2013–0362, 79 FR 9092, Feb. 18, 2014]

§ 165.1125 Southern California Annual (2) When hailed and/or signaled by an Firework Events for the Los Ange- official patrol vessel, any spectator lo- les Long Beach Captain of the Port cated within a safety zone during all zone. applicable effective dates and times (a) General. Safety zones are estab- shall come to an immediate stop. lished for the events listed in Table 1 of (3) The Patrol Commander this section. Further information on (PATCOM) is empowered to forbid and exact dates, times, and other details control the movement of all vessels in concerning the exact geographical de- the safety zone. The Patrol Com- scription of the areas are published by mander shall be designated by the cog- the Eleventh Coast Guard District in nizant Coast Guard Sector Commander; the Local Notice to Mariners at least will be a U.S. Coast Guard commis- 20 days prior to the event. sioned officer, warrant officer, or petty (b) Regulations. All persons and ves- officer to act as the Sector Com- sels not registered with the sponsor as mander’s official representative; and participants or as official patrol ves- will be located aboard the lead official sels are considered spectators. The patrol vessel. As the Sector Com- ‘‘official patrol’’ consists of any Coast mander’s representative, the PATCOM Guard; other Federal, state, or local may terminate the event any time it is law enforcement; and any public or deemed necessary for the protection of sponsor-provided vessels assigned or life and property. PATCOM may be approved by the cognizant Coast Guard reached on VHF–FM Channel 13 Sector Commander to patrol each (156.65MHz) or 16 (156.8MHz) when re- event. quired, by the call sign ‘‘PATCOM’’. (1) No spectator shall anchor, block, (4) The Patrol Commander may, upon loiter, nor impede the through transit request, allow the transit of commer- of participants or official patrol vessels cial vessels through the safety zone in the safety zone during all applicable when it is safe to do so. effective dates and times unless cleared (5) The Coast Guard may be assisted to do so by or through an official pa- by other Federal, state, or local agen- trol vessel. cies.

TABLE 1 TO § 165.1125 [All coordinates referenced use datum NAD 83.]

1. Cambria American Legion Post Fourth of July Fireworks

Sponsor ...... Cambria American Legion Post. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Shamel Beach, Cambria, CA.

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TABLE 1 TO § 165.1125—Continued [All coordinates referenced use datum NAD 83.]

Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

2. LA County Dept of Beach and Harbors 4th of July Fireworks

Sponsor ...... Los Angeles, CA County Dept of Beach and Harbors. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Main Ship Channel of Marina Del Rey, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

3. Fourth of July Fireworks, City of Dana Point

Sponsor ...... City of Dana Point, CA. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Offshore Dana Point Harbor, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

4. Fourth of July Fireworks, City of Long Beach

Sponsor ...... City of Long Beach, CA. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Long Beach Harbor, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

5. Fourth of July Fireworks, Irvine Cove Community Association

Sponsor ...... Irvine Cove Community Association. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Offshore Laguna Beach, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

6. Fourth of July Fireworks, Emerald Bay Community Association

Sponsor ...... Emerald Bay Community Association.

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TABLE 1 TO § 165.1125—Continued [All coordinates referenced use datum NAD 83.]

Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Offshore Laguna Beach, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

7. Fourth of July Fireworks, Morro Bay CoC

Sponsor ...... Morro Bay Chamber of Commerce. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Offshore Morro Bay State Park. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

8. Fourth of July Fireworks, Catalina Island CoC

Sponsor ...... Catalina Island Chamber of Commerce. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Avalon Bay, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

9. Fourth of July Fireworks, City of Santa Barbara

Sponsor ...... City of Santa Barbara, CA. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Harbor Entrance of Santa Barbara, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

10. Fourth of July Fireworks, City of Faria

Sponsor ...... City of Faria, CA. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Offshore Faria Beach, CA Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

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TABLE 1 TO § 165.1125—Continued [All coordinates referenced use datum NAD 83.]

11. Fourth of July Fireworks, City of Redondo Beach

Sponsor ...... City of Redondo Beach, CA. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Offshore Redondo Beach, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

12. Fourth of July Fireworks, City of San Pedro

Sponsor ...... City of San Pedro, CA. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Offshore Cabrillo Beach, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

13. Fourth of July Fireworks, City of Cayucos

Sponsor ...... City of Cayucos, CA. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Cayucos Pier. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

[USCG–2009–0559, 76 FR 50673, Aug. 16, 2011]

§ 165.1131 Security Zone: Wilson Cove, a place of beginning (point A), thence San Clemente Island, California. northeasterly to 33°02′11.0″ N, ° ′ ″ (a) Location. The following area is a 118 32 13.5 W (point B), thence south- ° ′ ″ ° ′ ″ security zone: The water area adjacent easterly to 32 58 40.5 N, 118 29 15.5 W to San Clemente Island, California (point C), thence southwesterly to ° ′ ″ ° ′ ″ within 1.5 nautical miles (1.73 statute 32 57 54.0 N, 118 31 17.2 W (point D), miles, 2.8 kilometers) of the shoreline thence northwesterly along the shore- of San Clemente Island from Wilson line of San Clemente Island to the Cove North End Light (LLNR 2565) to place of beginning. Spruce Pier, approximately 4.1 nautical (b) Regulations. In accordance with miles (4.7 statute miles, 7.65 kilo- the general regulations in § 165.33 of meters) southeast of Wilson Cove this part, entry into the area of this North End Light, described as follows: zone is prohibited unless authorized by Starting at a point on the shoreline the Captain of the Port, San Diego, of San Clemente Island, California, in position 33°01′25.0″ N, 118°33′43.0″ W, for

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California. Section 165.33 also contains thence running parallel to the shore at other general requirements. a distance of approximately 3 NM from ° ′ [COTP San Diego Reg. 87–04, 52 FR 18230, the high tide line to 32 48.38 N, May 14, 1987. Redesignated by USCG–2001– 118°31.69′ W; thence to 32°50.70′ N, 9286, 66 FR 33642, June 25, 2001] 118°29.37′ W; thence along the shoreline returning to 32°49.10′ N, 118°21.05′ W. § 165.1141 Safety Zone; San Clemente 3 NM Safety Zone, San Clemente Is- (5) Section E land, CA. (a) Location. The following area is a Beginning at 32°50.70′ N, 118°29.37′ W; safety zone: All waters of the Pacific thence to 32°48.05′ N, 118°31.68′ W; Ocean surrounding San Clemente Is- thence running parallel to the shore at land, from surface to bottom, extend- a distance of approximately 3 NM from ing from the high tide line on the is- the high tide line to 32°53.62′ N, land seaward 3 NM. The zone consists 118°35.93′ W; thence to 32°56.13′ N, of the following sections (see Figure 1): 118°32.95′ W; thence along the shoreline returning to 32°50.70′ N, 118°29.37′ W. (1) Section A Beginning at 33°02.05′ N, 118°35.85′ W; (6) Section F ° ′ ° ′ thence to 33 04.93 N, 118 37.07 W; Beginning at 32°56.13′ N, 118°32.95′ W; thence running parallel to the shore at thence to 32°53.62′ N, 118°35.93′ W; a distance of approximately 3 NM from thence running parallel to the shore at the high tide line to 33°02.82′ N, ° ′ ° ′ ° ′ a distance of approximately 3 NM from 118 30.65 W; thence 33 01.29 N, 118 33.88 ° ′ W; thence along the shoreline return- the high tide line to 32 59.95 N, ° ′ ° ′ ing to 33°02.05′ N, 118°35.85′ W. 118 39.77 W; thence to 33 01.08 N, 118°36.33′ W; thence along the shoreline (2) Section B returning to 32°56.13′ N, 118°32.95′ W. ° ′ ° ′ Beginning at 32 57.30 N, 118 30.88 W; (7) Section G thence to 32°59.60′ N, 118°28.33′ W; thence running parallel to the shore at Beginning at 33°01.08’ N, 118°36.333’ W; a distance of approximately 3 NM from thence to 32°59.95′ N, 118°39.77′ W; the high tide line to 32°55.83′ N, thence running parallel to the shore at 118°24.22′ W; thence to 32°53.53′ N, a distance of approximately 3 NM from 118°26.52′ W; thence along the shoreline the high tide line to 33°04.93′ N, returning to 32°57.30′ N, 118°30.88′ W. 118°37.07′ W; thence to 33°02.05′ N, 118°35.85′ W; along the shoreline return- (3) Section C ing to 33°01.08′ N, 118°36.33′ W. Beginning at 32°53.53′ N, 118°26.52′ W; thence to 32°55.83′ N, 118°24.22′ W; (8) Wilson Cove thence running parallel to the shore at ° ′ ° ′ a distance of approximately 3 NM from Beginning at 33 01.28 N, 118 33.88 W; ° ′ ° ′ the high tide line to 32°47.27′ N, thence to 33 02.82 N, 118 30.65 W; 118°18.23′ W; thence to 32°49.10′ N, thence running parallel to the shore at 118°21.05′ W; thence along the shoreline a distance of approximately 3 NM from returning to 32°53.53′ N, 118°26.52′ W. the high tide line to 32°59.60’ N, 118°28.33′ W; thence to 32°57.30′ N, (4) Section D 118°30.88′ W; thence along the shoreline ° ′ ° ′ Beginning at 32°49.10′ N, 118°21.05′ W; returning to 33 01.28 N, 118 33.88 W. thence to 32°47.27′ N, 118°18.23′ W;

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(b) Definitions. The following defini- through (6) of this section except when tion applies to this section: designated the Coast Guard notifies the public representative, means any commis- that enforcement of the zone in speci- sioned, warrant, and petty officers of fied sections is temporarily suspended. the Coast Guard on board Coast Guard, Mariners need not obtain permission in Coast Guard Auxiliary, and local, accordance with the procedure de- state, and Federal law enforcement scribed in paragraph (d)(2) of this sec- vessels who have been authorized to tion to enter a zone section in which act on the behalf of the Captain of the enforcement is temporarily suspended. Port (COTP). At all other times, mariners must ob- (c) Enforcement. (1) This regulation tain permission in accordance with the will be enforced at all times in Section procedure described in paragraph (d)(2) G and the Wilson Cove section of the before entering any of those sections. safety zone described in paragraph (a) of this section. Mariners must obtain (3) The COTP will provide notice of permission in accordance with the pro- suspended enforcement by means ap- cedure described in paragraph (d)(2) of propriate to effect the widest publicity, this section before entering either of including broadcast notice to mariners, those sections (paragraphs (a)(7) and publication in the local notice to mari- (8)). ners, and posting the schedule of re- (2) This regulation will be enforced in stricted access periods by date, loca- Sections A through F of the safety tion and duration at http:// zone described in paragraphs (a)(1) www.scisland.org.

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(d) Regulations. (1) The general regu- (1) All waters, extending from the lations governing safety zones found in surface to the sea floor, within a 500 33 CFR 165.23 apply to the safety zone yard radius around any liquefied haz- described in paragraph (a) of this sec- ardous gas (LHG) tank vessel that is tion. anchored at a designated anchorage ei- (2) Mariners requesting permission to ther inside the Federal breakwaters transit through any section of the zone bounding San Pedro Bay or outside at may request authorization to do so designated anchorages within three from the Fleet Area Control and Sur- nautical miles of the breakwater; veillance Facility (FACSFAC) San (2) The shore area and all waters, ex- Diego by either calling 619–545–4742 or tending from the surface to the sea establishing a VHF bridge to bridge floor, within a 500 yard radius around radio connection on Channel 16. Imme- any LHG tank vessel that is moored, or diately upon completing transit, the in the process of mooring, at any berth vessel operator must promptly notify within the Los Angeles or Long Beach the FACSFAC of safe passage through port areas inside the Federal break- the safety zone. Failure to expedi- waters bounding San Pedro Bay; tiously notify FACSFAC of passage (3) All waters, extending from the through the safety zone will result in a surface to the sea floor, within 1000 determination by the Navy that the yards ahead and 500 yards on each side vessel is still in the safety zone, there- and astern of any LHG tank vessel that by restricting the use of the area for is underway either on the waters inside naval operations. If the Navy deter- the Federal breakwaters bounding San mines that facilitating safe transit Pedro Bay or on the waters within through the zone negatively impacts three nautical miles seaward of the range operations, the Navy will cease Federal breakwaters. this practice and enforce the safety (c) Regulations. (1) In accordance with zones in these two areas without excep- the general regulations in § 165.33 of tion. this part, entry into or remaining in (3) All persons and vessels must com- these zones is prohibited unless author- ply with the instructions of the U.S. ized by the Coast Guard Captain of the Navy, Coast Guard Captain of the Port Port Los Angeles-Long Beach, or his or or the designated representative. her designated representative. (4) Upon being hailed by U.S. Navy or (2) Persons desiring to transit the U.S. Coast Guard patrol personnel by area of the security zone may contact siren, radio, flashing light, or other the Captain of the Port at telephone means, the operator of a vessel must number (800) 221–USCG (8724) or on proceed as directed. VHF-FM channel 16 (156.8 MHz) to seek (5) The U.S. Coast Guard may be as- permission to transit the area. If per- sisted in the patrol and enforcement of mission is granted, all persons and ves- the safety zone described in paragraph sels shall comply with the instructions (a) of this section by the U.S. Navy and of the Captain of the Port or his or her local law enforcement agencies. designated representative. [USCG–2009–0277, 75 FR 28198, May 20, 2010] (3) When any LHG tank vessels approach within 500 yards of a vessel that § 165.1151 Security Zones; liquefied is moored or anchored, the stationary hazardous gas tank vessels, San vessel must stay moored or anchored Pedro Bay, California. while it remains within the LHG tank (a) Definition. ‘‘Liquefied Hazardous vessel’s security zone unless it is either Gas’’ as used in this section means a ordered by or given permission from liquid containing one or more of the the Captain of the Port Los Angeles- products listed in Table 127.005 of this Long Beach to do otherwise. part that is carried in bulk on board a (d) Authority. In addition to 33 U.S.C. tank vessel as liquefied petroleum gas, 1231 and 50 U.S.C. 191, the authority for liquefied natural gas, or similar lique- this section includes 33 U.S.C. 1226. fied gas products. (e) Enforcement. The U.S. Coast Guard (b) Location. The following areas are may be assisted in the patrol and en- security zones: forcement of these security zones by

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the Los Angeles Port Police and the Latitude Longitude Long Beach Police Department. 33°42.47′ N ...... 118°14.95′ W [COTP Los Angeles-Long Beach 02–005, 68 FR 33°42.56′ N ...... 118°14.75′ W ° ′ ° ′ 13233, Mar. 19, 2003] 33 39.48 N ...... 118 13.32 W 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 specified. (Note: All geographic coordinates Latitude Longitude are defined using North American 33°43.43′ N ...... 118°11.15′ W Datum 1983 (NAD 83)). 33°43.39′ N ...... 118°10.90′ W 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: ments of this regulation when it is A 0.5nm radius around 33°39.00′ N, deemed necessary in the interests of 118°13.19′ W. safety. (d) General regulations. The following (c) Location. (1) The San Pedro Bay regulations contained in paragraphs Regulated Navigation Area (RNA) con- (d)(1) through (d)(3) of this section sists of the water area enclosed by the apply to power driven vessels of 1600 or Los Angeles-Long Beach breakwater more gross tons, a towing vessel of 8 and a line connecting Point Fermin meters (approximately 26 feet) or over Light at 33°42.30′ N, 118°17.60′ W, with in length engaged in towing, or vessels the following geographical positions: of 100 gross tons and upward carrying 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 Pilot Area. (i) No vessel may enter the 33°40.85′ N ...... 118°14.90′ W 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 (2) Long Beach Pilot Area. (i) No vessel ° ′ ° ′ 33 40.52 N ...... 118 10.22 W may enter the Long Beach Pilot Area 33°40.52′ N ...... 118°11.82′ W 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). (ii) Vessels entering the Long Beach (iii) The Los Angeles Deep Water Traf- Pilot Area shall pass directly through fic Lane: without stopping or loitering except as

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necessary to embark or disembark a length, authorized to carry more than pilot. 12 passengers for hire; making voyages (iii) Every vessel shall leave Long lasting more than 24 hours, any part of Beach Approach Lighted Whistle Buoy which is on the high seas; and for ‘‘LB’’ to port when entering and de- which passengers are embarked or dis- parting Long Beach Channel and de- embarked in the Port of Los Angeles or parting vessels shall pass across the Port of Long Beach. southern boundary of the Long Beach (b) Location. The following areas are Pilot Area. security zones: All navigable waters, (3) Los Angeles and Long Beach Deep extending from the surface to the sea Water Traffic Lanes. When a vessel of 50 floor, within a 100-yard radius around foot draft or greater is using the Los any cruise ship that is located within Angeles or Long Beach Deep Water Traffic Lane no other vessel shall enter the San Pedro Bay area landward of the Deep Water Traffic Lane if it will the sea buoys bounding the port of Los result in a meeting, crossing or over- Angeles or Port of Long Beach or des- taking situation. ignated anchorages within 3 nautical (4) Los Angeles Deep Water Pilot Area. miles seaward of the Federal Break- When a vessel of 50 foot draft or great- waters. er is embarking or disembarking a (c) Regulations. Under regulations in pilot in the Los Angeles Deep Water 33 CFR part 165, subpart D, a person or Pilot Area no other vessel shall enter vessel may not entry into or remain in the Deep Water Pilot Area. the security zones created by this sec- (5) Vessels described in paragraph (d) tion unless authorized by the Coast of this section may not enter the Guard Captain of the Port, Los Ange- waters between Commercial Anchorage les—Long Beach (COTP) or a COTP G and the Middle Breakwater as de- designated representative. fined by an area enclosed by the line (1) Persons desiring to transit these beginning at Los Angeles Main Channel security zones may contact the COTP ° ′ ° ′ Entrance Light 8 (33 42.70 N, 118 14.70 at telephone number (310) 521–3801 or on W), thence east along the Middle VHF–FM channel 16 (156.8 MHz) to seek Breakwater to Long Beach Light permission to transit the area. If per- (33°43.40′ N, 118°11.20′ W), thence south mission is granted, all persons and ves- to (33°43.08′ N, 118°11.26′ W), thence westerly to (33°43.08′ N, 118°12.26′ W), sels must comply with the instructions thence southwesterly parallel to the of the Captain of the Port or his or her breakwater to (33°42.43′ N, 118°14.30′ W), designated representative. thence to the point of origin, unless (2) When a cruise ship approaches such vessel is: within 100 yards of a vessel that is (i) In an emergency; moored, or anchored, the stationary (ii) Proceeding to anchor in or de- vessel must stay moored or anchored parting Commercial Anchorage G; while it remains within the cruise (iii) Standing by with confirmed pilot ship’s security zone unless it is either boarding arrangements; or, ordered by, or given permission from, (iv) Engaged in towing vessels to or the COTP Los Angeles-Long Beach to from Commercial Anchorage G, or to do otherwise. or from the waters between Commer- (d) Authority. In addition to 33 U.S.C. cial Anchorage G and the Middle 1231 and 50 U.S.C. 191, the authority for Breakwater. this section includes 33 U.S.C. 1226. [CGD11–00–007, 65 FR 62294, Oct. 18, 2000. Re- (e) Enforcement. The U.S. Coast Guard designated by USCG–2001–9286, 66 FR 33642, may be assisted in the patrol and en- June 25, 2001; USCG–2015–0433, 80 FR 44287, forcement of the security zone by the July 27, 2015] Los Angeles Port Police and the Long § 165.1154 Security Zones; Cruise Beach Police Department. Ships, San Pedro Bay, California. [COTP Los Angeles-Long Beach 02–004, 67 FR (a) Definition. ‘‘Cruise ship’’ as used 72563, Dec. 6, 2002, as amended by USCG–2011– in this section means a passenger ves- 0101, 77 FR 1027, Jan. 9, 2012] sel, except for a ferry, over 100 feet in

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§ 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- (COLREGS and their associated An- ized by the Coast Guard Captain of the nexes and Inland Navigation Rules (33 Port, Los Angeles-Long Beach, or his CFR subchapter E)) and safe naviga- or her designated representative. tion practice. (2) Persons desiring to transit the area of the security zone may contact [COTP Los Angeles-Long Beach 03–002, 70 FR the Captain of the Port at telephone 30640, May 27, 2005; USCG–2015–0433, 80 FR number 1–800–221–8724 or on VHF-FM 44287, July 27, 2015] channel 16 (156.8 MHz). If permission is granted, all persons and vessels must § 165.1157 Security Zone; Cruise Ships, comply with the instructions of the Santa Barbara, California. Captain of the Port or his or her des- (a) Location. The following areas are ignated representative. security zones: All navigable waters, (c) Authority. In addition to 33 U.S.C. from the surface to the sea floor within 1231, the authority for this section in- a 100-yard radius of any cruise ship lo- cludes 33 U.S.C. 1226. cated within 3 nautical miles of the [COTP Los Angeles-Long Beach 02–006, 67 FR Santa Barbara Harbor Breakwater 77430, Dec. 18, 2002] Light (Light List Number 3750; 34–24– 17.364 N, 119–41–16.260W). § 165.1156 Safety Zone; Offshore Ma- (b) Definition. ‘‘Cruise ship’’ as used rine Terminal, El Segundo, CA. in this section means any vessel, ex- (a) Location. The following area is a cept for a ferry, over 100 feet in length, safety zone: All waters of Santa authorized to carry more than 12 pas- Monica Bay, from surface to bottom, sengers for hire; making voyages last- enclosed by a line beginning at latitude ing more than 24 hours, any part of ° ′ ″ ° ′ ″ 33 54 59 N, longitude 118 26 50 W; then which is on the high seas; and for ° ′ ″ to latitude 33 54 59 N, longitude which passengers are embarked or dis- ° ′ ″ ° ′ ″ 118 27 34 W; then to latitude 33 54 00 N, embarked in the U.S. or its territories. longitude 118°27′34″ W; then to latitude (c) Regulations. (1) Under general se- 33°54′00″ N, longitude 118°26′50″ W; then curity zone regulations in subpart D, to the point of beginning (NAD 1983). entry into or remaining in the zones (b) Regulations. (1) In accordance with the general regulations in § 165.23 of described in paragraph (a) of this sec- this part, entry into or movement tion is prohibited unless authorized by within this zone is prohibited except the Coast Guard Captain of the Port for: (COTP) Los Angeles—Long Beach (LA– (i) Commercial vessels authorized to LB), or a designated representative of use the offshore marine terminal for COTP LA–LB. loading or unloading; (2) Persons desiring to transit the (ii) Commercial tugs, lighters, area of the security zone may contact barges, launches, or other vessels au- the COTP LA–LB at telephone number thorized to engage in servicing the off- 1–310–521–3801 or on VHF–FM channel 16 shore marine terminal or vessels there- (156.800 MHz) to seek permission to in; transit the area. If permission is grant- (iii) Public vessels of the United ed, all persons and vessels must comply States. with the instructions of the Captain of

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the Port, or his designated representa- direct route consistent with naviga- tive. tional safety. (2) During periods of vessels conges- [USCG–2011–0906, 77 FR 65623, Oct. 30, 2012] tion within the Copper Canyon area, as § 165.1171 Copper Canyon, Lake determined by the Captain of the Port Havasu, Colorado River—Regulated or his or her designated on-scene rep- Navigation Area. resentative, the regulated navigation area will be closed to all vessels, with (a) Location. The following is a regu- the exception of patrol vessels. During lated navigation area: designated closure periods, no vessel (1) In the water area of Copper Can- may enter, remain in, or transit yon, Lake Havasu, Colorado River, be- through the regulated navigation area, ginning at the approximate center of with the exception of patrol vessels. the mouth of Copper Canyon and draw- Designation of periods of vessel conges- ing a line down the approximate center tion and announcement of the closure of the canyon extending shoreward to of the regulated navigation area will be the end of the navigable waters of the conducted by broadcast notices to canyon, and comprising a semi-rectan- mariners on VHF-FM Channel 16 no gular area extending 30 feet on each less frequently than every hour for the side of the line, for a total semi-rectan- duration of the closure period. gular width of 60 feet. (3) Each person in the regulated navi- (2) This line is more precisely de- gation area shall comply with the di- scribed as: beginning at latitude rections of the Captain of the Port or ° ′ ″ ° ′ ″ 34 25 67.6 N, longitude 114 18 38.5 W, his or her designated on-scene rep- thence southwesterly to latitude resentative regarding vessel operation. 34°25′64″ N, longitude 114°18′45.7″ W, thence northwesterly to latitude [CGD11–97–010, 63 FR 38308, July 16, 1998. Re- 34°25′65.6″ N, longitude 114°18′46.7″ W, designated by USCG–2001–9286, 66 FR 33642, thence southeasterly to latitude June 25, 2001] 34°25′60.7″ N, longitude 114°18′42.7″ W, § 165.1181 San Francisco Bay Region, thence southwesterly to longitude ° ′ ″ ° ′ ″ California—regulated navigation 34 25 51.4 N, latitude 114 18 46.2 W, area. thence southeasterly to latitude 34°25′47.1″ N, longitude 114°18′49.4″ W, (a) Applicability. This section applies thence to the end of the navigable to all vessels unless otherwise speci- waters of the canyon. fied. (b) Definitions. For the purposes of (b) Deviations. The Captain of the this section: Port, San Francisco Bay, or the Com- (1) Vessel: Every description of manding Officer, Vessel Traffic Service watercraft, used or capable of being San Francisco, as a representative of used as a means of transportation on the Captain of the Port, may authorize the water, and regardless of mode of a deviation from the requirements of power. this regulation when it is deemed necessary in the interests of safety. (2) Patrol Vessel: Vessels designated by the Captain of the Port, San Diego, (c) Regulated Navigation Areas—(1) to enforce or assist in enforcing these San Francisco Bay RNA. (i) The fol- regulations, including Coast Guard, lowing is a regulated navigation area— Coast Guard Auxiliary, and San The waters bounded by a line con- Bernardino County Sheriff’s Depart- necting the following coordinates, be- ment Vessels. ginning at: (c) Regulations. (1) Vessels, with the 37°47′18″ N, 122°30′22″ W; thence to 37°48′55″ N, exception of patrol vessels, shall not 122°31′41″ W; thence along the shoreline to anchor, moor, loiter in, or otherwise 37°50′38″ N, 122°28′37″ W; thence to 37°50′59″ N, impede the transit of any other vessel 122°28′00″ W; thence to 37°51′45″ N, 122°27′28″ W; ° ′ ″ ° ′ ″ within the regulated navigation area. thence to 37 52 58 N, 122 26 06 W; thence to 37°51′53″ N, 122°24′58″ W; thence to 37°51′53″ N, Furthermore, all vessels, with the ex- 122°24′00″ W; thence to 37°51′40″ N, 122°23′48″ W; ception of patrol vessels, shall expedi- thence to 37°49′22″ N, 122°23′48″ W; thence to tiously and continuously transit the 37°48′20″ N, 122°22′12″ W; thence to 37°47′02″ N, regulated navigation area via the most 122°21′33″ W; thence to 37°47′02″ N, 122°23′04″ W;

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thence along the shoreline to the point of be- 37°48′41″ N, 122°25′17″ W; thence to 37°48′50″ N, ginning. 122°26′14″ W; thence to 37°48′52″ N, 122°27′49″ W.

Datum: NAD 83 Datum: NAD 83 (ii) The San Francisco Bay RNA con- (3) Deep Water (two-way) Traffic Lane: sists of the following defined sub-areas: Bounded by the Central Bay pre- (A) Golden Gate Traffic Lanes—(1) cautionary area and the Golden Gate Westbound traffic lane: Bounded by the precautionary area, between the Deep Golden Gate precautionary area and Water Traffic Lane separation zone and the COLREGS Demarcation Line (33 a line connecting the following coordi- CFR 80.1142), between the separation nates, beginning at: zone and a line connecting the fol- ° ′ ″ ° ′ ″ ° ′ ″ lowing coordinates: 37 49 55 N, 122 28 09 W; thence to 37 50 36 N, 122°27′12″ W; thence to 37°50′47″ N, 122°26′26″ W. 37°48′30″ N, 122°31′22″ W; thence to 37°49′03″ N, 122°29′52″ W. Datum: NAD 83 Datum: NAD 83 (D) Central Bay Separation Zone: The area 75 yards each side of a line con- (2) Eastbound traffic lane. Bounded by necting the following coordinates, be- the COLREGS Demarcation Line (33 ginning at: CFR 80.1142) and the Golden Gate precautionary area, between the separa- 37°49′17″ N, 122°27′47″ W; thence to 37°49′35″ N, ° ′ ″ tion zone and a line connecting the fol- 122 25 25 W. lowing coordinates: Datum: NAD 83 ° ′ ″ ° ′ ″ ° ′ ″ 37 47 50 N, 122 30 48 W; thence to 37 48 30 N, (E) Deep Water Traffic Lane Separation 122°29′29″ W. Zone: The area 75 yards each side of a 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 the following coordinates, beginning (B) Golden Gate Precautionary Area: at: An area bounded by a line connecting 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; thence to 37°47′02″ N, 122°23′04″ W; thence re- Datum: NAD 83 turning along the shoreline to the point of (C) Central Bay Traffic Lanes—(1) beginning. Westbound traffic lane: Bounded by the Datum: NAD 83 Central Bay precautionary area and 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 37°51′53″ N, 122°24′58″ W; thence to 37°54′15″ N, area, between the Central Bay Separa- 122°27′27″ W; thence to 37°56′06″ N, 122°26′49″ W; tion Zone and a line connecting the fol- 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,

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122°26′10″ W; thence to 37°51′53″ N, 122°24′00″ W; 37°54′28″ N, 122°23′36″ W; thence to thence to returning to the point of begin- 37°54′20″ N, 122°23′38″ W; thence to ning. 37°54′23″ N, 122°24′02″ W; thence to 37°54′57″ N, 122°24′51″ W; thence to Datum: NAD 83 37°55′05″ N, 122°25′02″ W; thence to 37°54′57″ N, 122°25′22″ W; thence to (3) San Pablo Strait Channel RNA. The 37°53′26″ N, 122°25′03″ W; thence to following is a regulated navigation 37°53′24″ N, 122°25′13″ W; thence to area—The waters bounded by a line 37°55′30″ N, 122°25′35″ W; thence to connecting the following coordinates, 37°55′40″ N, 122°25′10″ W; thence to beginning at: 37°54′54″ N, 122°24′30″ W; thence to 37°54′30″ N, 122°24′00″ W; thence returning to ° ′ ″ ° ′ ″ ° ′ ″ 37 56 06 N, 122 26 49 W; thence to 37 57 26 N, the point of beginning. 122°27′21″ W; thence to 38°00′48″ N, 122°24′45″ W; ° ′ ″ ° ′ ″ thence to 38 01 54 N, 122 22 24 W; thence to Datum: NAD 83 38°01′44″ N, 122°22′18″ W; thence to 37°57′37″ N, 122°26′23″ W; thence to 37°56′06″ N, 122°26′34″ W; (7) Oakland Harbor RNA: The fol- thence returning to the point of beginning. lowing is a regulated navigation area— The waters bounded by 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°48′40″ N, 122°19′58″ W; thence to The waters bounded by a line con- 37°48′50″ N, 122°20′02″ W; thence to necting the following coordinates, be- 37°48′29″ N, 122°20′39″ W; thence to ginning at: 37°48′13″ N, 122°21′26″ W; thence to 37°48′10″ N, 122°21′39″ W; thence to 38°01′54″ N, 122°22′25″ W; thence to 38°03′13″ N, ° ′ ″ ° ′ ″ 122°19′50″ W; thence to 38°03′23″ N, 122°18′31″ W; 37 48 20 N, 122 22 12 W; thence to ° ′ ″ ° ′ ″ thence to 38°03′13″ N, 122°18′29″ W; thence to 37 47 36 N, 122 21 50 W; thence to ° ′ ″ ° ′ ″ 38°03′05″ N, 122°19′28″ W; thence to 38°01′44″ N, 37 47 52 N, 122 21 40 W; thence to ° ′ ″ ° ′ ″ 122°22′18″ W; thence returning to the point of 37 48 03 N, 122 21 00 W; thence to ° ′ ″ ° ′ ″ beginning. 37 47 48 N, 122 19 46 W; thence to 37°47′55″ N, 122°19′43″ W; thence returning Datum: NAD 83 along the shoreline to the point of the beginning. (5) Benicia-Martinez Railroad Draw- bridge Regulated Navigation Area (RNA): Datum: NAD 83 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 en- 37°54′17″ N, 122°22′00″ W; thence to 37°54′08″ N, gine order, ahead or astern, including 122°22′00″ W; thence to 37°54′15″ N, 122°23′12″ W; stopping its engine(s) for an extended thence to 37°54′30″ N, 122°23′09″ W; thence period of time. along the shoreline to the point of beginning. (3) The master, pilot or person directing the movement of a vessel within Datum: NAD 83 the RNAs defined in paragraph (c) of (ii) The waters bounded by a line con- this regulation shall comply with Rule necting the following coordinates, be- 9 of the Inland Navigation Rules (INRs) ginning at: (33 CFR subchapter E) in conjunction

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with the provisions of the associated (A) Carrying certain dangerous car- INRs. goes (as denoted in § 160.203 of this sub- (e) Specific Regulations—(1) San Fran- chapter); cisco Bay RNA: (i) A vessel shall navi- (B) Carrying bulk petroleum prod- gate with particular caution in a pre- ucts; or cautionary area, or in areas near the (C) A tank vessel in ballast. terminations of traffic lanes or chan- (iii) Vessels permitted to use this nels, as described in this regulation. channel shall proceed at a reasonable (ii) A power-driven vessel of 1600 or speed so as not to endanger other ves- more gross tons, or a tug with a tow of sels or interfere with any work which 1600 or more gross tons, shall: may become necessary in maintaining, (A) Use the appropriate traffic lane surveying, or buoying the channel, and and proceed in the general direction of they shall not anchor in the channel traffic flow for that lane; except in case of a deviation authorized (B) Use the Central Bay Deep Water under paragraph (b) of this section. Traffic Lane if eastbound with a draft (iv) This paragraph shall not be con- of 45 feet or greater or westbound with strued as prohibiting any necessary use a draft of 28 feet or greater; of the channel by any public vessels (C) Not enter the Central Bay Deep while engaged in official duties, or in Water Traffic Lane when another emergencies by pilot boats. power-driven vessel of 1600 or more gross tons or tug with a tow of 1600 or (3) Benicia-Martinez Railroad Draw- more gross tons is navigating therein bridge Regulated Navigation Area when either vessel is: (RNA)—(i) Eastbound vessels: (A) The (1) Carrying certain dangerous car- master, pilot, or person directing the goes (as denoted in section 160.202 of movement of a power-driven vessel of this subchapter); 1600 or more gross tons or a tug with a (2) Carrying bulk petroleum prod- tow of 1600 or more gross tons traveling ucts; or eastbound and intending to transit (3) A tank vessel in ballast if such under the lift span (centered at coordi- entry would result in meeting, cross- nates 38°02′18″ N, 122°07′17″ W) of the ing, or overtaking the other vessel. railroad bridge across Carquinez Strait (D) Normally join or leave a traffic at mile 7.0 shall, immediately after en- lane at the termination of the lane, but tering the RNA, determine whether the when joining or leaving from either visibility around the lift span is 1⁄2 nau- side, shall do so at as small an angle to tical mile or greater. the general direction of traffic flow as (B) If the visibility is less than 1⁄2 practicable; nautical mile, or subsequently becomes (E) So far as practicable keep clear of less than 1⁄2 nautical mile, the vessel the Central Bay Separation Zone and shall not transit under the lift span. the Deep Water Traffic Lane Separa- (ii) Westbound vessels: (A) The master, tion Zone; pilot, or person directing the move- (F) Not cross a traffic lane separation ment of a power-driven vessel of 1600 or zone unless crossing, joining, or leav- more gross tons or a tug with a tow of ing a traffic lane. 1600 or more gross tons traveling west- (2) Pinole Shoal Channel RNA: (i) A bound and intending to transit under vessel less than 1600 gross tons or a tug the lift span (centered at coordinates with a tow of less than 1600 gross tons 38°02′18″ N, 122°07′17″ W) of the railroad is not permitted within this RNA. bridge across Carquinez Strait at mile (ii) A power-driven vessel of 1600 or 7.0 shall, immediately after entering more gross tons or a tug with a tow of the RNA determine whether the visi- 1600 or more gross tons shall not enter bility around the lift span is 1⁄2 nau- Pinole Shoal Channel RNA when an- tical mile or greater. other power-driven vessel of 1600 or (B) If the visibility is less than 1⁄2 more gross tons or tug with a tow of nautical mile, the vessel shall not pass 1600 or more gross tons is navigating beyond longitude line 121°55′19″ W (co- therein if such entry would result in inciding with the charted position of meeting, crossing, or overtaking the the westernmost end of Mallard Island) other vessel, when either vessel is: until the visibility improves to greater

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than 1⁄2 nautical mile around the lift San Francisco Main Ship Channel span. Lighted Bell Buoy 7 and San Francisco (C) If after entering the RNA visi- Main Ship Channel Lighted Whistle bility around the lift span subse- Buoy 8 (LLNR 4190 & 4195, positions quently becomes less than 1⁄2 nautical 37°46.9′ N, 122°35.4′ W & 37°46.5′ N, mile, the master, pilot, or person di- 122°35.2′ W, respectively) until safely recting the movement of the vessel ei- moored at the Weapons Support Facil- ther shall not transit under the lift ity Seal Beach Detachment Concord on span or shall request a deviation from Suisun Bay (position 38°03.3′ N, 122°02.5′ the requirements of the RNA as pre- W). All coordinates referenced use scribed in paragraph (b) of this section. (D) Vessels that are moored or an- datum: NAD 1983. chored within the RNA with the intent (2) All waters within 100 yards of such to transit under the lift span shall re- vessels described in paragraph (a)(1) of main moored or anchored until visi- this section while such vessels are con- bility around the lift span becomes ducting cargo operations at the Weap- greater than 1⁄2 nautical mile. ons Support Facility Seal Beach De- (4) Southampton Shoal/Richmond Har- tachment Concord. bor RNA: A power-driven vessel of 1600 (b) Notification. Commander, Elev- or more gross tons, or a tug with a tow enth Coast Guard District, will cause of 1600 or more gross tons, shall not notice of the activation of this safety/ enter Southampton Shoal/Richmond security zone to be made by all appro- Harbor RNA when another power-driv- priate means to effect the widest pub- en vessel of 1600 or more gross tons, or licity among the affected segments of a tug with a tow of 1600 or more gross the public, including publication in the tons, is navigating therein, if such FEDERAL REGISTER as practicable, in entry would result in meeting, cross- accordance with the provisions of 33 ing, or overtaking the other vessel. (5) Oakland Harbor RNA: A power- CFR 165.7(a); such means of announce- driven vessel of 1600 or more gross tons ment may include, but are not limited or a tug with a tow of 1600 or more to, Broadcast Notice to Mariners. The gross tons shall not enter the Oakland Coast Guard will issue a Broadcast No- Harbor RNA when another power-driv- tice to Mariners notifying the public en vessel of 1600 or more gross tons, or when nuclear materials cargo handling a tug with a tow of 1600 or more gross has been completed. tons, is navigating therein, if such (c) Effective Period. The safety/secu- entry would result in meeting, cross- rity zone will be effective commencing ing, or overtaking the other vessel. at the time any vessel described in [CGD11–94–007, 60 FR 16796, Apr. 3, 1995; 60 FR paragraph (a)(1) of this section enters 30157, June 7, 1995. Redesignated by USCG– the zone described in paragraph (a)(1) 2001–9286, 66 FR 33642, June 25, 2001, as of this section and will remain in effect amended by USCG–2003–15404, 68 FR 37741, until all spent nuclear materials cargo June 25, 2003; CGD11–03–001, 69 FR 2843, Jan. handling operations have been com- 21, 2004; USCG–2005–21869, 80 FR 5336, Jan. 30, pleted at Weapons Support Facility 2015; USCG–2015–0433, 80 FR 44287, July 27, 2015] Seal Beach Detachment Concord. (d) Regulations. The general regula- § 165.1182 Safety/Security Zone: San tions governing safety and security Francisco Bay, San Pablo Bay, zones contained in both 33 CFR 165.23 Carquinez Strait, and Suisun Bay, in 33 CFR 165.33 apply. Entry into, CA. transit through, or anchoring within (a) Regulated area. The following area this moving safety/security zone is pro- is established as a moving safety/secu- hibited unless authorized by Com- rity zone: mander, Eleventh Coast Guard Dis- (1) All waters 200 yards ahead and trict, or his designated representative. astern and 100 yards to each side of every vessel transporting nuclear ma- [CGD11–98–005, 63 FR 38754, July 20, 1998. Re- terials on behalf of the United States designated by USCG–2001–9286, 66 FR 33642, Department of Energy while such ves- June 25, 2001; USCG–2015–0433, 80 FR 44287, sels transit from a line drawn between July 27, 2015]

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§ 165.1183 Security Zones; tankers, (2) Monterey Bay. All waters, extend- cruise ships, and High Value Assets, ing from the surface to the sea floor, San Francisco Bay and Delta Ports, within 500 yards (457 meters) ahead, Monterey Bay and Humboldt Bay, astern and extending along either side California of a tanker, cruise ship, or HVA under- (a) Definitions. The following defini- way (100 yards when anchored or tions apply to these sections— moored) within the Monterey Bay area (1) Cruise ship means any vessel over shoreward of a line drawn between 100 gross register tons, carrying more Santa Cruz Light (LLNR 305) to the than 500 passengers for hire which north in position 36°57.10′ N, 122°01.60′ makes voyages lasting more than 24 W, and Cypress Point, Monterey to the hours, of which any part is on the high south, in position 36°34.90′ N, 121°58.70′ seas. Passengers from cruise ships are W. embarked or disembarked in the U.S. or its territories. Cruise ships do not (3) Humboldt Bay. All waters, extend- include ferries that hold Coast Guard ing from the surface to the sea floor, Certificates of Inspection endorsed for within 500 yards (457 meters) ahead, ‘‘Lakes, Bays and Sounds’’ that transit astern and extending along either side international waters for only short pe- of a tanker, cruise ship, or HVA under- riods of time on frequent schedules. way (100 yards when anchored or (2) High Value Asset means any water- moored) within the Humboldt Bay area side asset of high value including mili- shoreward of a 4 nautical mile radius tary and commercial vessels, or com- line drawn to the west of the Humboldt mercial vessels carrying CDC as de- Bay Entrance Lighted Whistle Buoy fined in 33 CFR 160.202, deemed by the HB (LLNR 8130) in position 40°46.25′ N, Captain of Port, or higher authority, as 124°16.13′ W. requiring protection based upon risk (c) Regulations. (1) In accordance with assessment analysis and is therefore the general regulations in § 165.33 of escorted by the Coast Guard or other this part, entry into or remaining in law enforcement vessel with an em- this zone is prohibited unless author- barked Coast Guard commissioned, ized by the Coast Guard Captain of the warrant, or petty officer. Port, San Francisco Bay, or a des- (3) Tanker means any self-propelled ignated representative. tank vessel constructed or adapted pri- (2) Mariners requesting permission to marily to carry oil or hazardous materials in bulk in the cargo spaces. transit through the security zone may (4) Designated representative means request authorization to do so from the any commissioned, warrant, and petty Patrol Commander (PATCOM). The officers of the Coast Guard on board PATCOM may be contacted on VHF– Coast Guard, Coast Guard Auxiliary, FM Channel 16. and local, State and Federal law en- (3) All persons and vessels shall com- forcement vessels who have been au- ply with the instructions of the Cap- thorized to act on the behalf of the tain of the Port or the designated rep- Captain of the Port. resentative. (b) Locations. (4) Upon being hailed by U.S. Coast (1) San Francisco Bay. All waters, ex- Guard patrol personnel by siren, radio, tending from the surface to the sea flashing light, or other means, the op- floor, within 500 yards (457 meters) erator of a vessel shall proceed as di- ahead, astern and extending along ei- rected. ther side of a tanker, cruise ship, or (5) The Coast Guard may be assisted HVA underway (100 yards when an- by other Federal, State, or local agen- chored or moored) within the San cies. Francisco Bay and areas shoreward of the line drawn between San Francisco [USCG–2010–1004, 76 FR 20845, Apr. 14, 2011, as Main Ship Channel Lighted Bell Buoy 7 amended by USCG–2005–21869, 80 FR 5336, and San Francisco Main Ship Channel Jan. 30, 2015; USCG–2015–0433, 80 FR 44287, Lighted Whistle Buoy 8(LLNR 4190 & July 27, 2015] 4195) in positions 37°46.9′ N, 122°35.4′ W and 37°46.5′ N, 122°35.2′ W, respectively.

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§ 165.1184 Safety Zone; Coast Guard enter the safety zone on VHF–16 or the Use of Force Training Exercises, 24-hour Command Center via telephone San Pablo Bay, CA. at (415) 399–3547. (a) Location. This safety zone will [USCG–2009–0324, 76 FR 25550, May 5, 2011] apply to the navigable waters in the San Pablo Bay, and will encompass an § 165.1185 Regulated Navigation Area; area beginning at position 38°01′44″ N, San Francisco Bay, San Pablo Bay, 122°27′06″ W; 38°04′36″ N, 122°22′06″ W; Carquinez Strait, Suisun Bay, Sac- 38°00′35″ N, 122°26′07″ W; 38°03′00″ N, ramento River, San Joaquin River, 122°20′20″ W (NAD 83) and back to the and connecting waters in Cali- starting point. fornia. (b) Enforcement. The Coast Guard will (a) Location. All waters of San Fran- notify the public via a Broadcast No- cisco Bay, San Pablo Bay, Carquinez tice to Mariners prior to the activation Strait, Suisun Bay, Sacramento River, of this safety zone. The safety zone will San Joaquin River, and connecting be activated on average two times per waters in California are a Regulated month, but could be activated up to six Navigation Area. times per month. It will be in effect for (b) Definitions. ‘‘Liquefied hazardous approximately three hours from 9 a.m. gas (LHG)’’ is a liquid containing one to 11:59 p.m. If the exercises conclude or more of the products listed in Table prior to the scheduled termination 127.005 of 33 CFR 127.005 that is carried time, the Coast Guard will cease en- in bulk on board a tank vessel as a liq- forcement of this safety zone and will uefied gas product. The hazards nor- announce that fact via Broadcast No- mally associated with these products tice to Mariners. Persons and vessels include toxic or flammable properties may also contact the Coast Guard to or a combination of both. determine the status of the safety zone (c) Regulations. All vessels loaded on VHF–16 or the 24-hour Command with a cargo of liquefied hazardous gas Center via telephone at (415) 399–3547. (LHG) within this Regulated Naviga- (c) Definitions. As used in this section Area must proceed directly to tion, designated representative means their intended cargo reception facility a Coast Guard Patrol Commander, in- to discharge their LHG cargo, unless: cluding a Coast Guard coxswain, petty (1) The vessel is otherwise directed or officer, or other officer operating a permitted by the Captain of the Port. Coast Guard vessel and a Federal, The Captain of the Port can be reached State, and local officer designated by at telephone number (415) 399–3547 or on or assisting the Captain of the Port VHF-FM channel 16 (156.8 MHz). If per- San Francisco (COTP) in the enforce- mission is granted, all persons and ves- ment of the safety zone. sels must comply with the instructions (d) Regulations. (1) Under the general of the Captain of the Port or his or her regulations in § 165.23, entry into, designated representative. transiting, or anchoring within the (2) The vessel is in an emergency sit- safety zone is prohibited unless author- uation and unable to proceed as di- ized by the COTP or the COTP’s des- rected in paragraph (a) of this section ignated representative. without endangering the safety of per- (2) The safety zone is closed to all sons, property, or the environment. vessel traffic, except as may be per- [CGD11 04–001, 69 FR 30206, May 27, 2004] mitted by the COTP or the COTP’s designated representative. § 165.1187 Security Zones; Golden Gate (3) Vessel operators desiring to enter Bridge and the San Francisco-Oak- or operate within the safety zone must land Bay Bridge, San Francisco contact the COTP or the COTP’s rep- Bay, California. resentative to obtain permission to do (a) Location. All waters extending so. Vessel operators given permission from the surface to the sea floor, with- to enter or operate in the safety zone in 25 yards of all piers, abutments, must comply with all directions given fenders and pilings of the Golden Gate to them by the COTP or the COTP’s Bridge and the San Francisco-Oakland designated representative. Persons and Bay Bridge, in San Francisco Bay, vessels may request permission to California.

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(b) Regulations. (1) In accordance with (d) The Coast Guard may be assisted the general regulations in § 165.33 of in enforcing this rule by other Federal, this part, entry into these security state, or local agencies. zones is prohibited, unless doing so is [USCG–2013–0196, 78 FR 60220, Oct. 1, 2013. Re- necessary for safe navigation, to con- designated by USCG–2014–0410, 79 FR 38448, duct official business such as scheduled July 7, 2014] maintenance or retrofit operations, or unless specifically authorized by the § 165.1190 Security Zone; San Fran- Captain of the Port San Francisco Bay cisco Bay, Oakland Estuary, Ala- or his designated representative. meda, CA. (2) Persons desiring to transit the (a) Location. The following area is a area of the security zone may contact security zone: All navigable waters of the Captain of the Port at telephone the Oakland Estuary, California, from number 415–399–3547 or on VHF-FM the surface to the sea floor, approxi- channel 16 (156.8 MHz) to seek permis- mately 50 yards into the Oakland Estu- sion to transit the area. If permission ary surrounding the Coast Guard Island is granted, all persons and vessels must Pier. The perimeter of the security comply with the instructions of the zone follows the same perimeter as the Captain of the Port or his or her des- floating security barrier installed ignated representative. around the Coast Guard Island pier. (c) Enforcement. All persons and ves- The perimeter of the security barrier is sels shall comply with the instructions located along the following coordi- of the Coast Guard Captain of the Port nates: commencing at a point on land or the designated on-scene patrol per- approximately 50 yards northwest of sonnel. Patrol personnel comprise com- the northwestern end of the Coast missioned, warrant, and petty officers Guard Island Pier at latitude of the Coast Guard onboard Coast 37°46′53.60″ N and longitude 122°15′06.10″ Guard, Coast Guard Auxiliary, local, W; thence to the edge of the navigable state, and federal law enforcement ves- channel at latitude 37°46′51.83″ N and sels. Upon being hailed by U.S. Coast longitude 122°15′07.47″ W; thence to a Guard patrol personnel by siren, radio, position approximately 10 yards into flashing light, or other means, the op- the charted navigation channel at lati- erator of a vessel shall proceed as di- tude 37°46′51.27″ N and longitude rected. 122°15′07.22″ W; thence closely paral- [COTP San Francisco Bay 03–029, 69 FR 11316, leling the edge of the charted naviga- Mar. 10, 2004] tion channel to latitude 37°46′46.75″ N and longitude 122°15′00.21″ W; thence § 165.1188 Safety Zone; Old Mormon closely paralleling the edge of the Slough, Stockton California. charted navigation channel to a point (a) General. This safety zone is estab- approximately 20 yards into the lished to protect environmental reha- charted navigation channel at latitude bilitation efforts and prevent vessels 37°46′42.36″ N and longitude 122°14′51.55″ from disturbing the sediment cap at W; thence to a point on land approxi- Old Mormon Slough. mately 50 yards southeast of the south- (b) Regulation. All vessels and per- eastern end of the Coast Guard Island sonnel not associated with the EPA are Pier at latitude 37°46′44.80″ N and lon- prohibited from entering into and gitude 122°14′48.80″ W; thence northwest transiting Old Mormon Slough. Old along the shoreline back to the begin- Mormon Slough is defined as all waters ning point. Eastward from the connection of co- (b) Regulations. (1) Under § 165.33, ordinates 37°57′02.13″ North, 121°18′49.55″ entry into or remaining in this zone is West and 37°57′01.11″ North, 121°18′46.75″ prohibited unless authorized by the West (NAD 83). Coast Guard Captain of the Port, San (c) Each person in a safety zone who Francisco Bay, or his designated rep- has notice of a lawful order or direc- resentative. tion shall obey the order or direction of (2) Persons desiring to transit the the Captain of the Port (COTP) or Dis- area of the security zone may contact trict Commander issued to carry out the Captain of the Port at telephone the purposes of this subpart. number 415–399–3547 or on VHF-FM

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channel 16 (156.8 MHz) to seek permis- (1) No spectator shall anchor, block, sion to transit the area. If permission loiter, nor impede the through transit is granted, all persons and vessels must of participants or official patrol vessels comply with the instructions of the in the safety zone during all applicable Captain of the Port or his designated effective dates and times unless cleared representative. to do so by or through an official pa- (c) Enforcement. The Captain of the trol vessel. Port will enforce this security zone and (2) When hailed and/or signaled by an may be assisted in the patrol and en- official patrol vessel, any spectator lo- forcement of this security zone by any cated within a safety zone during all Federal, State, county, municipal, or applicable effective dates and times private agency. shall come to an immediate stop. [COTP San Francisco Bay 05–006, 70 FR 48874, (3) The Patrol Commander Aug. 22, 2005] (PATCOM) is empowered to forbid and control the movement of all vessels in § 165.1191 Northern California and the safety zone. The Patrol Com- Lake Tahoe Area Annual Fireworks mander shall be designated by the cog- Events. nizant Coast Guard Sector Commander; (a) General. Safety zones are estab- will be a U.S. Coast Guard commis- lished for the events listed in Table 1 of sioned officer, warrant officer, or petty this section. Further information on officer to act as the Sector Com- exact dates, times, and other details mander’s official representative; and concerning the exact geographical de- will be located aboard the lead official scription of the areas are published by patrol vessel. As the Sector Com- the Eleventh Coast Guard District in mander’s representative, the PATCOM the Local Notice to Mariners at least may terminate the event any time it is 20 days prior to the event. deemed necessary for the protection of (b) Regulations. All persons and ves- life and property. PATCOM may be sels not registered with the sponsor as reached on VHF–FM Channel 13 participants or as official patrol ves- (156.65MHz) or 16 (156.8MHz) when re- sels are considered spectators. The quired, by the call sign ‘‘PATCOM’’. ‘‘official patrol’’ consists of any Coast (4) The Patrol Commander may, upon Guard; other Federal, state, or local request, allow the transit of commer- law enforcement; and any public or cial vessels through the safety zone sponsor-provided vessels assigned or when it is safe to do so. approved by the cognizant Coast Guard (5) The Coast Guard may be assisted Sector Commander to patrol each by other Federal, state, or local agen- event. cies.

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

1. San Francisco Giants Fireworks

Sponsor ...... San Francisco Giants Baseball Team. Event Description ...... Fireworks display in conjunction with baseball season home games. Date ...... All season home games at AT&T Park. Location ...... 700 feet off of Pier 48, San Francisco, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 700-foot radius upon commencement of the fireworks display.

2. [Reserved]

3. Fourth of July Fireworks, City of Eureka

Sponsor ...... City of Eureka, CA. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Humboldt Bay, CA.

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TABLE 1 TO § 165.1191—Continued [All coordinates referenced use datum NAD 83] Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

4. Fourth of July Fireworks, Crescent City

Sponsor ...... Crescent City, CA. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Crescent City Harbor, Crescent City, CA. Regulated Area ...... Crescent City Harbor in the navigable waters within a 700-foot radius of the launch platform located on the West Jetty.

5. Pillar Point Harbor Fireworks

Sponsor ...... Various sponsors. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Half Moon Bay, CA. Regulated Area ...... Pillar Point Harbor Beach.

6. Fourth of July Fireworks, Redwood City

Sponsor ...... Various Sponsors. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Redwood City, CA. Regulated Area ...... 600-foot radius around the fireworks launch platform located on the pier at the Port of Red- wood City.

7. San Francisco Independence Day Fireworks

Sponsor ...... The City of San Francisco. Event Description ...... Fireworks Display. Date ...... July 4th. Location 1 ...... A barge located approximately 1000 feet off San Francisco Pier 39 at approximately 37°48′49″ N., 122°24′46″ W. Location 2 ...... A barge located at the end of the San Francisco Municipal Pier at Aquatic Park at approximately 37°48′39″ N., 122°25′37″ W. Regulated Area 1 ...... 1. 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 1,000-foot radius upon commencement of the fireworks display. Regulated Area 2 ...... 2. 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 1,000-foot radius upon commencement of the fireworks display.

8. Fourth of July Fireworks, Berkeley Marina

Sponsor ...... Berkeley Marina. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... A barge located near Berkeley Pier at approximately 37°51′40″ N., 122° 19′19″ W. Regulated Area ...... 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 1,000-foot radius upon commencement of the fireworks display.

9. Fourth of July Fireworks, City of Richmond

Sponsor ...... Various Sponsors. Event Description ...... Fireworks Display. Date ...... Week of July 4th. Location ...... A barge located in Richmond Harbor in approximate position 37°54′40″ N., 122°21′05″ W., Richmond, CA. Regulated Area ...... 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 560-foot radius upon commencement of the fireworks display.

10. 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, CA waterfront, north of Spinnaker Restaurant.

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11. Fourth of July Fireworks, City of Martinez

Sponsor ...... City of Martinez. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Carquinez Strait, CA Regulated Area ...... The area of navigable waters within a 560-foot radius of the launch platform located near Wa- terfront Park.

12. Fourth of July Fireworks, City of Antioch

Sponsor ...... City of Antioch. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... San Joaquin River, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the moving fireworks display.

13. Fourth of July Fireworks, City of Pittsburg

Sponsor ...... City of Pittsburg. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Suisun Bay, CA. Regulated Area ...... The area of navigable waters within a 560-foot radius of the launch platform located on a Pitts- burg Marina Pier.

14. Delta Independence Day Celebration Fireworks

Sponsor ...... Various Sponsors. Event Description ...... Fireworks Display. Date ...... Week of July 4th. Location ...... San Joaquin River, near Mandeville Island, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

15. Fourth of July Fireworks, Tahoe City, CA

Sponsor ...... Various Sponsors. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Off-shore from Common Beach, Tahoe City, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

16. Fourth of July Fireworks, Glenbrook NV

Sponsor ...... Various Sponsors. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Off-shore Glenbrook Beach, NV. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

17. Independence Day Fireworks, Kings Beach, CA

Sponsor ...... North Tahoe Business Association. Event Description ...... Fireworks Display. Date ...... Week of July 4th. Location ...... Off-shore from Kings Beach, CA.

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18. Lights on the Lake Fourth of July Fireworks, South Lake Tahoe, CA

Sponsor ...... Various Sponsors. Event Description ...... Fireworks Display. Date ...... Week of July 4th. Location ...... Off South Lake Tahoe, CA near the NV Border. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

19. Red, White, and Tahoe Blue Fireworks, Incline Village, NV

Sponsor ...... Various Sponsors. Event Description ...... Fireworks Display. Date ...... Week of July 4th. Location ...... 500–1,000 feet off Incline Village, NV in Crystal Bay. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

20. Labor Day Fireworks, South Lake Tahoe, CA

Sponsor ...... Various Sponsors. Event Description ...... Fireworks Display. Date ...... Labor Day. Location ...... Off South Lake Tahoe, California near the Nevada Border. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

21. Fleet Week Fireworks

Sponsor ...... Various Sponsors. Event Description ...... Fireworks Display. Date ...... Second Friday and Saturday in October. Location ...... 1,000 feet off Pier 3, San Francisco, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

22. Monte Foundation Fireworks

Sponsor ...... Monte Foundation Fireworks. Event Description ...... Fireworks Display. Date ...... Second Saturday in October. Location ...... Capitola Pier in Capitola, CA. Regulated Area ...... 1,000-foot safety zone around the navigable waters of the Capitola Pier.

23. Rio Vista Bass Derby Fireworks

Sponsor ...... Rio Vista Chamber of Commerce. Event Description ...... Fireworks Display. Date ...... Second Saturday in October. Location ...... 500 feet off Rio Vista, CA waterfront. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

24. San Francisco New Years Eve Fireworks

Sponsor ...... City of San Francisco. Event Description ...... Fireworks Display. Date ...... New Years Eve, December 31st. Location ...... 1,000 feet off the Embarcadero near the Ferry Plaza, San Francisco, CA.

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25. Sacramento New Years Eve Fireworks

Sponsor ...... Various Sponsors. Event Description ...... Fireworks Display. Date ...... New Years Eve, December 31st. Location ...... Near Tower Bridge, Sacramento River. Regulated Area ...... The navigable waters of the Sacramento River within 700 feet of the two shore-based launch locations in approximate positions 38°34′48″ N, 121°30′38″ W and 38°34′49″ N, 121°30′29″ W.

26. Jameson Beach Fourth of July Fireworks

Sponsor ...... Various Sponsors Event Description ...... Fireworks Display. Date ...... Week of July 4th. Location ...... South Lake Tahoe near Jameson Beach. Regulated Area ...... 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 560-foot radius upon commencement of the fireworks display.

27. Feast of Lanterns Fireworks

Sponsor ...... Feast of Lanterns, Inc. Event Description ...... Fireworks Display. Date ...... Last Saturday of July. Location ...... Near Lover’s Point Park in Pacific Grove, CA. Regulated Area ...... The area of navigable waters within a 490-foot radius of the launch platform located on the beach near Lover’s Point Park in approximate position 36°37′26″ N, 121°54′54″ W.

28. Execpro Services Fourth of July Fireworks

Sponsor ...... Execpro Services Inc. Event Description ...... Fireworks Display. Date ...... Week of July 4th. Location ...... Off-shore from Incline Village, NV. Regulated Area ...... 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 1,000-foot radius upon commencement of the fireworks display.

29. Monte Foundation Fireworks, Lake Tahoe

Sponsor ...... Monte Foundation. Event Description ...... Fireworks Display. Date ...... Week of Labor Day. Location ...... Carnelian Bay, Lake Tahoe, CA. Regulated Area ...... 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 1,000-foot radius upon commencement of the fireworks display.

30. Sausalito Lighted Boat Parade Fireworks

Sponsor ...... Various Sponsors. Event Description ...... Fireworks Display. Date ...... A Saturday or Sunday in December. Location ...... Off-shore from Sausalito Point, Sausalito, CA. Regulated Area ...... 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 1,000-foot radius upon commencement of the fireworks display.

[USCG–2009–0559, 76 FR 50675, Aug. 16, 2011, as amended by USCG–2013–0362, 79 FR 9093, Feb. 18, 2014; USCG–2016–0154, 81 FR 70943, Oct. 14, 2016; USCG–2016–0836, 82 FR 15636, Mar. 30, 2017]

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§ 165.1192 Security Zones; Waters sur- ing in this zone is prohibited unless au- rounding San Francisco Inter- thorized by the Coast Guard Captain of national Airport and Oakland Inter- the Port, San Francisco Bay, or his national Airport, San Francisco designated representative. Bay, California. (2) Persons desiring to transit the (a) Locations. The following areas are area of a security zone may contact the security zones: Captain of the Port at telephone num- (1) San Francisco International Airport ber 415–399–3547 or on VHF-FM channel Security Zone. This security zone in- 16 (156.8 MHz) to seek permission to cludes all waters extending from the transit the area. If permission is grant- surface to the sea floor within approxi- ed, all persons and vessels must comply mately 200 yards seaward from the with the instructions of the Captain of shoreline of the San Francisco Inter- the Port or his or her designated rep- national Airport and encompasses all resentative. waters in San Francisco Bay within a (c) Enforcement. All persons and ves- line connecting the following geo- sels shall comply with the instructions graphical positions— of the Coast Guard Captain of the Port or the designated on-scene patrol per- Latitude Longitude sonnel. Patrol personnel comprise com- 37°36′19″ N 122°22′36″ W missioned, warrant, and petty officers 37°36′45″ N 122°122′18″ W of the Coast Guard onboard Coast 37°36′26″ N 122°21′30″ W 37°36′31″ N 122°21′21″ W Guard, Coast Guard Auxiliary, local, 37°36′17″ N 122°20′45″ W state, and federal law enforcement ves- 37°36′37″ N 122°20′40″ W sels. Upon being hailed by U.S. Coast 37°36′50″ N 122°21′08″ W 37°37′00″ N 122°21′12″ W Guard patrol personnel by siren, radio, 37°37′21″ N 122°21′53″ W flashing light, or other means, the op- 37°37′39″ N 122°21′44″ W erator of a vessel shall proceed as di- 37°37′56″ N 122°21′51″ W 37°37′50″ N 122°22′20″ W rected. 37°38′25″ N 122°22′54″ W 37°38′23″ N 122°23′01″ W [COTP San Francisco Bay 03–009, 69 FR 34282, June 21, 2004]

and along the shoreline back to the be- § 165.1195 Regulated Navigation Area; ginning point. Humboldt Bay Bar Channel and (2) Oakland International Airport Secu- Humboldt Bay Entrance Channel, rity Zone. This security zone includes Humboldt Bay, California. all waters extending from the surface (a) Location. The Regulated Naviga- to the sea floor within approximately tion Area (RNA) includes all navigable 200 yards seaward from the shoreline of waters of the Humboldt Bay Bar Chan- 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— Latitude Longitude COTP means the Captain of the Port 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 37°43′34″ N 122°15′12″ W Sector means Coast Guard Sector/Air 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 37°41′53″ N 122°12′44″ W manding Officer of Coast Guard Sector/ 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 37°42′08″ N 122°12′32″ W materials or substances listed in 46 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

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oil mixed with wastes other than (3) If the bar is closed to vessels to dredged spoil. which this regulation applies, waiver Station means Coast Guard Station requests will be accepted within four Humboldt Bay. hours of crossing the entrance channel. Tank Vessel means any vessel that is If the waiver request is made between constructed or adapted to carry, or 6:30 a.m. and 10 p.m., the request that carries, oil or hazardous material should be made to Station Humboldt in bulk as cargo or cargo residue. Bay on VHF-FM Channel 16, or at (707) (c) Applicability. These regulations 443–2213. If between 10 p.m. and 6:30 apply to the owners and operators of a.m., or if unable to reach the Station, tank vessels transporting oil or haz- the request can be made directly to ardous material as cargo within the Sector/Air Station Humboldt Bay on Humboldt Bay Area. VHF-FM Channel 16 or at (707) 839–6113. Waiver requests must be made by the (d) Regulations. (1) In addition to the vessel master and must provide the fol- arrival and departure notification re- lowing: A description of the proposed quirements listed in title 33 CFR, part operation, the conditions for which the 160, Ports and Waterways Safety—Gen- waiver is requested, the reasons for re- eral, subpart C—Notifications of ‘‘Ar- questing the waiver, the reasons that rivals, Departures, Hazardous Condi- the requester believes the proposed options, and Certain Dangerous Cargoes’’, eration can be accomplished safely, the owner, master, agent or person in and a callback phone number. The Sta- charge of a vessel to which this notice tion or Sector Watchstander receiving applies shall obtain permission to cross the request will brief the Officer in within four hours of crossing the Hum- Charge of the Station who will then boldt Bay Bar. Between 6:30 a.m. and 10 brief the Sector Commander. The au- p.m., notification/requests for permis- thority to grant waivers rests with the sion can be made to Station Humboldt Sector Commander or his designated Bay on VHF-FM Channel 16, or at (707) representative. 443–2213. If between 10 p.m. and 6:30 (4) In addition to the requirements in a.m., or if unable to reach the Station, paragraphs (d)(1)–(3) of this section, notification/requests for permission vessels transporting liquefied haz- can be made directly to Sector/Air Sta- ardous gases or compressed hazardous tion Humboldt Bay on VHF-FM Chan- gases in bulk as cargo into or out of nel 16 or at (707) 839–6113. Humboldt Bay are required to be aided (2) Permission for a bar crossing by by two assist tugs. If the vessel car- vessels or towing vessels and their tows rying the gases is towed, the assist tug to which this regulation applies is de- requirement is in addition to the tow- pendent on environmental and safety ing tug. The assist tugs shall escort the 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

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(707) 839–6113 if between 10 p.m. and 6:30 extending from the surface to the sea a.m. floor within approximately 100 yards of (e) Enforcement. Acting as a rep- the Conoco-Phillips Wharf, Rodeo, CA, resentative of the Captain of the Port, and encompasses all waters in San the Humboldt Bay Sector Commander Pablo Bay within a line connecting the will enforce this regulation and has the following geographical positions— authority to take steps necessary to ensure the safe transit of vessels in Latitude Longitude Humboldt Bay. The Sector Commander 38°03′06.0″ N 122°15′32.4″ W can enlist the aid and cooperation of 38°03′20.7″ N 122°15′35.8″ W any Federal, State, county, and munic- 38°03′21.8″ N 122°15′29.8″ W 38°03′29.1″ N 122°15′31.8″ W ipal agency to assist in the enforce- 38°03′23.8″ N 122°15′55.8″ W ment of the regulation. All persons and 38°03′16.8″ N 122°15′53.2″ W vessels shall comply with the instruc- 38°03′18.6″ N 122°15′45.2″ W ° ′ ″ ° ′ ″ tions of the Sector Commander or the 38 03 04.0 N 122 15 42.0 W designated on-scene patrol personnel. Patrol personnel comprise commis- and along the shoreline back to the be- sioned, warrant, and petty officers of ginning point. the Coast Guard onboard Coast Guard, (3) Shell Terminal, Carquinez Strait. Coast Guard Auxiliary, local, State, This security zone includes all waters and Federal law enforcement vessels. extending from the surface to the sea Upon being hailed by U.S. Coast floor within approximately 100 yards of Guard patrol personnel by siren, radio, the Shell Terminal, Martinez, CA, and flashing light, or other means, the op- encompasses all waters in San Pablo erator of a vessel shall proceed as di- Bay within a line connecting the fol- rected. lowing geographical positions— [CGD11–05–006, 70 FR 49492, Aug. 24, 2005] Latitude Longitude 38°01′39.8″ N 122°07′40.3″ W § 165.1197 Security Zones; San Fran- 38°01′54.0″ N 122°07′43.0″ W cisco Bay, San Pablo Bay, 38°01′56.9″ N 122°07′37.9″ W Carquinez Strait, Suisun Bay, Cali- 38°02′02.7″ N 122°07′42.6″ W fornia. 38°01′49.5″ N 122°08′08.7″ W 38°01′43.7″ N 122°08′04.2″ W (a) Locations. The following areas are 38°01′50.1″ N 122°07′50.5″ W security zones: 38°01′36.3″ N 122°07′47.6″ W (1) Chevron Long Wharf, San Francisco Bay. This security zone includes all and along the shoreline back to the be- waters extending from the surface to ginning point. the sea floor within approximately 100 (4) Amorco Pier, Carquinez Strait. This yards of the Chevron Long Wharf, security zone includes all waters ex- 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 37°55′47.1″ N 122°24′55.5″ W 38°02′03.1″ N 122°07′11.9″ W 37°55′42.9″ N 122°25′03.5″ W 38°02′05.6″ N 122°07′18.9″ W 37°55′11.2″ N 122°24′32.8″ W 38°02′07.9″ N 122°07′14.9″ W 37°55′14.4″ N 122°24′27.5″ W 38°02′13.0″ N 122°07′19.4″ W 37°55′19.7″ N 122°24′23.7″ W 38°02′05.7″ N 122°07′35.9″ W 37°55′22.2″ N 122°24′26.2″ W 38°02′00.5″ N 122°07′31.1″ W 37°55′38.5″ N 122°23′56.9″ W 38°02′01.8″ N 122°07′27.3″ W 37°55′47.8″ N 122°23′53.3″ W 38°01′55.0″ N 122°07′11.0″ 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

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from the surface to the sea floor within federal, state and local law enforce- approximately 100 yards of the Valero ment as necessary. Pier, Benicia, CA, and encompasses all [COTP San Francisco Bay 05–007, 71 FR 12138, waters in the Carquinez Strait within a Mar. 9, 2006] line connecting the following geographical positions— § 165.1198 Safety zone; Military Ocean Terminal Concord Safety Zone, Latitude Longitude Suisun Bay, Military Ocean Ter- minal Concord, CA. 38°02′37.6″ N 122°07′51.5″ W 38°02′34.7″ N 122°07′48.9″ W (a) Location. This safety zone is es- 38°02′44.1″ N 122°07′34.9″ W tablished in the navigable waters of 38°02′48.0″ N 122°07′37.9″ W Suisun Bay near Military Ocean Ter- 38°02′47.7″ N 122°07′42.1″ W minal Concord, CA (MOTCO) as depicted in National Oceanic and Atmos- and along the shoreline back to the be- pheric Administration (NOAA) Chart ginning point. 18656. Upon commencement of military (6) Avon Pier, Suisun Bay. This secu- onloads and offloads, the safety zone rity zone includes all waters extending will encompass the navigable waters in from the surface to the sea floor within the area between 500 yards of MOTCO approximately 100 yards of the Avon Pier 2 in position 38°03′30″ N, 122°01′14″ Pier, Martinez, CA, and encompasses W (NAD 83) as depicted in National all waters in Suisun Bay within a line Oceanic and Atmospheric Administra- connecting the following geographical tion (NOAA) Chart 18656 (the perimeter positions— of the existing security zone) and 3,000 yards of the pier. Latitude Longitude (b) Enforcement period. The zone described in paragraph (a) of this section 38°02′24.6″ N 122°04′52.9″ W will be enforced during all military ° ′ ″ ° ′ ″ 38 02 54.0 N 122 05 19.5 W onload and offload operations. The Cap- 38°02′55.8″ N 122°05′16.1″ W 38°03′02.1″ N 122°05′19.4″ W tain of the Port San Francisco (COTP) 38°02′55.1″ N 122°05′42.6″ W will notify the maritime community of 38°02′48.8″ N 122°05′39.2″ W periods during which this zone will be 38°02′52.4″ N 122°05′27.7″ W enforced via actual notice on-scene 38°02′46.5″ N 122°05′22.4″ W during military onloads and offloads. (c) Regulations. (1) The safety zone is and along the shoreline back to the be- open to all persons and vessels for tran- ginning point. sitory use. (b) Regulations. (1) In accordance with (2) Persons and vessels operating the general regulations in § 165.33, within the safety zone may not anchor entry into the security zones described or otherwise loiter within the safety in paragraph (a) of this section is pro- zone. hibited, unless specifically authorized (3) Vessel operators desiring to an- by the Captain of the Port San Fran- chor or otherwise loiter within the cisco Bay, or his designated representa- safety zone must contact Sector San tive. Francisco Vessel Traffic Service at (415) 556–2760 or VHF Channel 14 to ob- (2) Persons desiring to transit the tain permission. area of a security zone may contact the (4) All persons and vessels transiting Captain of the Port at telephone num- through or operating within the safety ber 415–399–3547 or on VHF-FM channel zone must comply with all directions 16 (156.8 MHz) to seek permission to given to them by the COTP or a des- transit the area. If permission is grant- ignated representative. ed, all persons and vessels must comply (5) The public can contact Sector San with the instructions of the Captain of Francisco Bay at (415) 399–3530 to ob- the Port or his designated representa- tain information concerning enforce- tive. ment of this rule. (c) Enforcement. The U.S. Coast Guard (d) Enforcement. All persons and ves- may be assisted in the patrol and en- sels must comply with the instructions forcement of these security zones by of the COTP or the designated on-scene

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patrol personnel. Patrol personnel (4) Vessel operators desiring to enter comprise commissioned, warrant, and or operate within the security zone(s) petty officers of the Coast Guard on- during times of enforcement must con- board Coast Guard, Coast Guard Auxil- tact the COTP or a designated rep- iary, local, state, and federal law en- resentative on VHF–16 or through the forcement vessels. The U.S. Coast 24-hour Command Center at telephone Guard may be assisted in the patrol (415) 399–3547 to obtain permission to do and enforcement of the safety zone by so. Vessel operators given permission local law enforcement and the MOTCO to enter or operate in the security police as necessary. Upon being hailed zone(s) must comply with all directions by U.S. Coast Guard patrol personnel given to them by the COTP or a des- by siren, radio, flashing light, or other ignated representative. means, the operator of a vessel must (5) Upon being hailed by the COTP or proceed as directed. designated representative by siren, [USCG–2012–1008, 78 FR 5720, Jan. 28, 2013] radio, flashing light, or other means, the operator of a vessel approaching § 165.1199 Security Zones; Military the security zone(s) must proceed as di- Ocean Terminal Concord (MOTCO), rected to avoid entering the security Concord, California. zone(s). (a) Location. The security zone(s) re- (d) Notice of enforcement or suspension side(s) within the navigable waters of of enforcement of security zone(s). During Suisun Bay, California, extending from periods that one or more security zones the surface to the sea floor, within 500 are enforced, the COTP or a designated yards of the three Military Ocean Ter- representative will issue a Broadcast minal Concord (MOTCO) piers in Con- Notice to Mariners and/or notify mari- cord, California. ners via actual notice on-scene. In ad- (b) Definitions. As used in this sec- dition, COTP maintains a telephone tion, ‘‘designated representative’’ line that is maintained 24 hours a day, means any Coast Guard commissioned, 7 days a week. The public can contact warrant, or petty officer or any Fed- COTP at (415) 399–3547 to obtain infor- eral, state, or local law enforcement of- mation concerning enforcement of this ficer who has been designated by the section. When the security zones are no Captain of the Port San Francisco longer needed, the COTP or designated (COTP) to act on the COTP’s behalf. representative will cease enforcement The COTP’s representative may be on a of the security zones. Upon suspension Coast Guard vessel, a Coast Guard Aux- of enforcement, all persons and vessels iliary vessel, a Federal, state, or local are granted general permissions to law enforcement vessel, or a location enter, move within, and exit the secu- on shore. rity zones, but should remain cog- (c) Regulations. (1) The security nizant of the applicable restricted area zone(s) described in paragraph (a) of designated in 33 CFR 334.1110. this section will be in force during active military onloading and/or off- [USCG–2015–0330, 81 FR 37516, June 10, 2016] loading operations and at any time a vessel loaded with munitions is present § 165.11731 Security Zone: Escorted Vessels, Los Angeles-Long Beach, at a pier. CA, Captain of the Port Zone. (2) When one or more piers are involved in onload or offload operations (a) Definitions. The following defini- at the same time, there will be a 500- tions apply to this section: yard security zone for each involved COTP means Captain of the Port Los pier. Angeles–Long Beach, CA (LALB). (3) Under the general regulations in Designated representatives means subpart D of this part, entry into, Coast Guard Patrol Commanders in- transiting or anchoring within the se- cluding Coast Guard coxswains, petty curity zone(s) described in paragraph officers and other officers operating (a) of this section is prohibited during Coast Guard vessels, and Federal, times of enforcement unless authorized State, and local officers designated by by the COTP or a designated represent- or assisting the COTP, in the enforce- ative. ment of the security zone.

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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 LALB or a designated fined in § 165.2015, that is accompanied representative to enter the security by one or more Coast Guard assets or zone described in paragraph (c) of this other Federal, State or local law en- section. If permitted to enter the secu- forcement agency assets clearly identi- rity zone, a vessel must proceed at the fiable by lights, vessel markings, or minimum safe speed and must comply with agency insignia as listed below: with the orders of the COTP or a des- (1) Coast Guard surface or air asset ignated representative. displaying the Coast Guard insignia. (e) Notice of security zone. The COTP (2) State and/or local law enforce- will inform the public of the existence ment asset displaying the applicable or status of the security zones around agency markings and/or equipment as- escorted vessels in the regulated area sociated with the agency. by Broadcast Notice to Mariners. Coast (3) When escorted vessels are moored, Guard assets or other Federal, State or dayboards or other visual indications local law enforcement agency assets such as lights or buoys may be used. In will be clearly identified by lights, ves- all cases, broadcast notice to mariners sel markings, or with agency insignia. will be issued to advise mariners of When escorted vessels are moored, these restrictions. dayboards or other visual indications Minimum safe speed means the speed such as lights or buoys may be used. at which a vessel proceeds when it is (f) Contact information. The COTP fully off plane, completely settled in LALB may be reached via phone at the water and not creating excessive (310) 521–3801. Any on scene Coast wake. Due to the different speeds at Guard or designated representative as- which vessels of different sizes and con- sets may be reached via VHF–FM chan- figurations may travel while in compli- nel 16. ance with this definition, no specific [USCG–2015–0880, 80 FR 60805, Oct. 8, 2015] speed is assigned to minimum safe speed. In no instance should minimum TWELFTH COAST GUARD DISTRICT safe speed be interpreted as a speed less [RESERVED] than that required for a particular vessel to maintain steerageway. A vessel THIRTEENTH COAST GUARD DISTRICT is not proceeding at minimum safe speed if it is: § 165.1301 Puget Sound and Adjacent (1) On a plane; Waters in Northwestern Wash- (2) In the process of coming up onto ington—Regulated Navigation Area. or coming off a plane; or The following is a regulated naviga- (3) Creating an excessive wake. tion area—All of the following north- (b) Regulated area. All navigable western Washington waters under the waters, as defined in 33 CFR 2.36, with- jurisdiction of the Captain of the Port, in the Captain of the Port Zone, Los Puget Sound: Puget Sound, Hood Angeles–Long Beach, California 33 CFR Canal, Possession Sound, Elliott Bay, 3.55–10. Commencement Bay, the San Juan Ar- (c) Security zone. A 500-yard security chipelago, Rosario Strait, Guemes zone is established around each es- Channel, Bellingham Bay, U.S. waters corted vessel within the regulated area of the Strait of the Strait of Juan de described in paragraph (b) of this sec- Fuca, Haro Strait, Boundary Pass, and tion. This is a moving security zone Georgia Strait, and all lesser bays and when the escorted vessel is in transit harbors adjacent to the above. and becomes a fixed zone when the es- (a) Definitions as used in this sec- corted vessel is anchored or moored. A tion: security zone will not extend beyond (1) Vessels engaged in fishing are as the boundary of the regulated area in identified in the definition found in this section. Rule 3 of the International Regulations (d) Regulations. (1) The general regu- for Prevention of Collisions at Sea, lations for security zones contained in 1972, (72 COLREGS), found in appendix § 165.33 apply to this section. A, part 81 of this chapter.

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(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 to include the waters within a one-half crossing lanes, to include the waters nautical mile radius of the center of within one-quarter nautical mile on ei- the main ship channel draw span dur- ther side of a straight line connecting ing the immediate approach and tran- the Edmonds and Kingston ferry land- sit of the draw by public vessels of the ings during the hours that the ferry is United States. operating. (4) East of New Dungeness, vessels (e) Authorization to deviate from engaged in fishing in a traffic lane or this section. connecting precautionary area shall (1) Commander, Thirteenth Coast tend nets or other gear placed in the Guard District may, upon written re- water so as to facilitate the movement quest, issue an authorization to deviate of the vessel or gear from the traffic from this section if the proposed devi- lane or precautionary area upon the ation provides a level of safety equiva- approach of a vessel following the TSS. lent to or beyond that provided by the (d) Congested Regulations: The provi- required procedure. An application for sions under this paragraph apply only authorization must state the need for

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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 gitude 122°42′42″ W.; thence to latitude and monitoring of this security zone by 47°46′23″ N., longitude 122°42′20″ W.; the U.S. Navy. thence to latitude 47°46′20″ N., lon- [CDG13 87–06, 52 FR 47924, Dec. 17, 1987] gitude 122°42′12″ W.: thence southerly along the shoreline to the point of be- § 165.1303 Puget Sound and adjacent ginning. waters, WA—regulated navigation (b) Security zone anchorage. The fol- area. lowing is a security zone anchorage: (a) The following is a regulated navi- Area No. 2. Waters of Hood Canal with- gation area: the waters of the United in a circle of 1,000 yards diameter cen- States east of a line extending from tered on a point located at latitude Discovery Island Light to New Dunge- 47°46′26″ N., longitude 122°42′49″ W. ness Light and all points in the Puget (c) Special Regulations. (1) Section Sound area north and south of these 165.33 paragraphs, (a), (e), and (f) do not lights. apply to the following vessels or indi- (b) Regulations. (1) Tank vessel navi- viduals on board those vessels: gation restrictions: Tank vessels larger

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than 125,000 deadweight tons bound for § 165.1305 Commencement Bay, Ta- a port or place in the United States coma, WA. may not operate in the regulated navi- (a) Location. The following area is a gation area. safety zone for the Tacoma Freedom (2) Commander, Thirteenth Coast Fair Air Show: All portions of Com- Guard District may, upon written re- mencement Bay bounded by the fol- quest, issue an authorization to deviate lowing coordinates: Latitude 47°17′38″ from paragraph (b)(1) of this section if N, Longitude 122°28′43 W; thence south it is determined that such deviation easterly to Latitude 47°17′4″ N, Lon- provides an adequate level of safety. gitude 122°27′32″ W; thence south west- Any application for authorization must erly to Latitude 47°16′35″ N, Longitude state the need and fully describe the 122°28′1″ W; thence north westerly along proposed procedure. the shoreline to Latitude 47°17′10″ N, (c) Precautionary Area Regulations. (1) Longitude 122°29′14″ W; thence return- A vessel in a precautionary area which ing to the origin. This safety zone re- is depicted on National Oceanic and At- sembles a rectangle protruding from mospheric Administration (NOAA) the shoreline along Ruston Way. Float- ing markers will be placed by the spon- nautical charts, except precautionary sor of the event to delineate the bound- ‘‘RB’’ (a circular area of 2,500 yards ra- aries of the safety zone. dius centered at 48–26′24″ N., 122–45′12″ (b) Effective dates. This section is ef- W.), must keep the center of the pre- fective annually on July the fourth cautionary area to port. from 2 p.m. to 12:30 a.m. July the fifth NOTE: The center of precautionary area unless otherwise specified by FEDERAL ‘‘RB’’ is not marked by a buoy. REGISTER notice. (c) Regulation. In accordance with the (2) The Puget Sound Vessel Traffic general regulations in § 165.23 of this Service (PSVTS) may, upon verbal re- part, entry into this safety zone is pro- quest, authorize a onetime deviation hibited unless authorized by the Cap- from paragraph (c)(1) of this section for tain of the Port, Puget Sound, Seattle, a voyage, or part of a voyage, if the WA. proposed deviation provides a level of safety equivalent to or beyond that [CGD13–95–009, 60 FR 61481, Nov. 30, 1995, as provided by the required procedure. amended by USCG–2011–0197, 76 FR 31855, June 2, 2011] The deviation request must be made well in advance to allow the requesting § 165.1307 Elliott Bay, Seattle, WA. vessel and the Vessel Traffic Center (a) Location. The following area is a (VTC) sufficient time to assess the safety zone: All portions of Elliott Bay safety of the proposed deviation. Dis- bounded by the following coordinates: cussions between the requesting vessel Latitude 47°37′22″ N, Longitude and the VTC should include, but are 122°22′06″ W; thence to Latitude 47°37′06″ not limited to, information on the ves- N, Longitude 122°21′45″ W; thence to sel handling characteristics, traffic Latitude 47°36′54″ N, Longitude density, radar contacts, and environ- 122°22′05″ W; thence to Latitude 47°37′08″ mental conditions. N, Longitude 122°22′27″ W; thence re- (3) In an emergency, the master, turning to the origin. This safety zone pilot, or person directing the move- resembles a square centered around the ment of the vessel may deviate from barge from which the fireworks will be paragraph (c)(1) of this section to the launched and begins 100 yards from the extent necessary to avoid endangering shoreline of Myrtle Edwards Park. persons, property, or the environment, Floating markers will be placed by the and shall report the deviation to the sponsor of the fireworks display to de- VTC as soon as possible. lineate the boundaries of the safety zone [Datum NAD 1983]. [CGD 90–020, 59 FR 36335, July 15, 1994, as (b) Effective dates. This section is ef- amended by CGD 13–97–003, 62 FR 23660, May fective annually on July fourth from 1, 1997] 9:30 p.m. to 11 p.m. unless otherwise specified by FEDERAL REGISTER notice.

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(c) Regulation. In accordance with the seabed in the designated area. Vessels general regulations in § 165.23 of this may otherwise transit or navigate part, entry into this safety zone is pro- within this area without reservation. hibited unless authorized by the Cap- (c) Waiver. The Captain of the Port, tain of the Port, puget sound, Seattle, Puget Sound, upon advice from the WA. U.S. EPA Project Manager and the [CGD13–95–007, 60 FR 61482, Nov. 30, 1995, as Washington State Department of Nat- amended by CGD13–97–015, 62 FR 39445, July ural Resources, may, upon written re- 23, 1997] quest, authorize a waiver from this section if it is determined that the pro- § 165.1308 Columbia River, Vancouver, posed operation supports USEPA reme- WA. dial objectives, or can be performed in (a) Location. The following area is a a manner that ensures the integrity of safety zone: All waters of the Columbia the sediment cap. A written request River at Vancouver, Washington, must describe the intended operation, bounded by a line commencing at the state the need, and describe the pro- northern base of the Interstate 5 high- posed precautionary measures. Re- way bridge at latitude 45°37′17″ N, lon- quests should be submitted in trip- gitude 122°40′22″ W; thence south along licate, to facilitate review by U.S. the Interstate 5 highway bridge to lati- EPA, Coast Guard, and Washington tude 45°37′03″ N, longitude 122°40′32″ W; State Agencies. USEPA managed reme- thence to latitude 45°36′28″ N, longitude dial design, remedial action, habitat 122°38′35″ W; thence to Ryan’s Point at mitigation, or monitoring activities latitude 45°36′42″ N, longitude 122°38′35″ associated with the Wyckoff/Eagle Har- W; thence along the Washington shore- bor Superfund Site are excluded from line to the point of origin. [Datum: the waiver requirement. USEPA is re- NAD 83]. quired, however, to alert the Coast (b) Effective dates. This section is ef- Guard in advance concerning any of fective annually on July fourth from 9 the above-mentioned activities that p.m. to 11 p.m. (PDT) unless otherwise may, or will, take place in the Regu- specified by FEDERAL REGISTER notice. lated Area. (c) Regulation. In accordance with the general regulations in § 165.23 of this [CGD 13–98–004, 64 FR 72561, Dec. 28, 1999] part, entry into this safety zone is pro- § 165.1310 Strait of Juan de Fuca and hibited unless authorized by the Cap- adjacent coastal waters of North- tain of the Port Columbia River. west Washington; Makah Whale Hunting—Regulated Navigation [CGD13–95–055, 61 FR 18949, Apr. 30, 1996, as Area. amended by USCG–2010–0351, 75 FR 48565, Aug. 11, 2010] (a) The following area is a Regulated Navigation Area (RNA): From 48°02.25′ § 165.1309 Eagle Harbor, Bainbridge N, 124°42.1′ W northward along the Island, WA. mainland shoreline of Washington (a) Regulated area. A regulated navi- State to Cape Flattery and thence gation area is established on that por- eastward along the mainland shoreline tion of Eagle Harbor bounded by a line of Washington State to 48°22′ N, 124°34′ 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′027″ 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

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Moving Exclusion Zone: The column of vessel), and are strongly urged to remain water from the surface to the seabed even further away from whale hunt activi- with a radius of 500 yards centered on ties as an additional safety measure. the Makah whale hunt vessel dis- (f)(1) Credentialed members of the playing international numeral pennant media interested in entering the Mov- five (5). This Moving Exclusionary ing Exclusionary Zone may request Zone is activated only when surface permission to operate a single media visibility exceeds one nautical mile, vessel in the Moving Exclusionary between sunrise and sunset, and the Zone by telephoning Coast Guard Pub- Makah whale hunt vessel displays the lic Affairs, as soon as practicable at international numeral pennant five (5). (206) 220–7237 during normal working The Moving Exclusionary Zone is de- hours, and (206) 220–7001 after hours. activated upon sunset, visibility is re- Coast Guard preauthorization is reduced to less than one nautical mile, or quired prior to entry into the Moving when the Makah hunt vessel strikes Exclusionary Zone by a single media international numeral pennant five (5). pool vessel. (c) Unless otherwise authorized by (2) The media pool vessel must be a the Commander, Thirteenth Coast U.S. documented vessel. The media Guard District or his or her representa- pool vessel must be under command at tive, no person or vessel may enter the all times within the Moving Exclu- active Moving Exclusionary Zone ex- sionary zone by a master holding a li- cept for: cense or merchant mariner credential (1) Authorized Makah whale hunt issued in the U.S. to carry passenger vessel actively engaged in hunting op- for hire. All expenses, liabilities and erations under direction of the master risks associated with operation of the of the Makah vessel flying inter- media pool vessel lie with members of national numeral pennant five (5), and the pool and the pool vessel owners and (2) A single authorized media pool operators. vessel operating in accordance with (3) The master of the media pool ves- paragraph (f) of this section. sel shall maneuver to avoid positioning (d) The international numeral pen- the pool vessel between whales and nant five (5) is only authorized to be hunt vessel(s), out of the line of fire, at displayed from one Makah whale hunt a prudent distance and location rel- vessel during actual whale hunt operative to whale hunt operations, and in ations. No other vessels may display a manner that avoids hindering the this pennant within the RNA at any hunt or path of the whale in any way. time. Whale hunt operations com- (4) Although permitted to maneuver mence when a whale hunt vessel is un- within the Moving Exclusionary Zone, derway and its master intends to have personnel aboard the media pool vessel a whale killed during the voyage. are still required to follow safety and Whale hunt operations cease once this law enforcement related instructions of intent is abandoned, a whale is landed, Coast Guard personnel. or when the international numeral pennant five (5) is struck. [CGD 13–98–023, 63 FR 52609, Oct. 1, 1998, as (e) The Makah Tribe shall make amended by CGD 13–98–023, 64 FR 61212, Nov. SECURITE broadcasts beginning one 10, 1999; USCG–2006–24371, 74 FR 11213, Mar. half hour before the commencement of 16, 2009] a hunt and every half hour thereafter § 165.1311 Olympic View Resource until hunting activities are concluded. Area, Tacoma, WA. This broadcast shall be made on chan- (a) Regulated area. A regulated navi- nel 16 VHF-FM and state: gation area is established on that por- A whale hunt is proceeding today within tion of Commencement Bay bounded by the Regulated Navigation Area established a line beginning at: 47°15′40.19753″ N, for Makah whaling activities. The (name of 122°26′09.27617″ W; thence to vessel) is a (color and description of vessel) 47°15′42.21070″ N, 122°26′10.65290″ W; and will be flying international numeral pen- ° ′ ″ nant five (5) while engaged in whaling oper- thence to 47 15 41.84696 N, ations. This pennant is yellow and blue in 122°26′11.80062″ W; thence to color. Mariners are required by federal regu- 47°15′45.57725″ N, 122°26′14.35173″ W; lation to stay 500 yards away from (name of thence to 47°15′53.06020″ N,

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122°26′06.61366″ W; thence to (c) Authority. In addition to 33 U.S.C. 47°15′46.74493″ N, 122°26′02.50574″ W; 1231, the authority for this section in- thence returning along the shoreline to cludes 33 U.S.C. 1226. the point of origin. [Datum NAD 1983]. (d) Enforcement period. This section is (b) Regulations. All vessels and per- enforced annually in June. The event sons are prohibited from anchoring, will be 6 days in length and the specific dredging, laying cable, dragging, dates of enforcement will be published seining, bottom fishing, conducting each year in the FEDERAL REGISTER. In salvage operations, or any other activ- 2015, the zone will be enforced on ity which could potentially disturb the Wednesday, June 3, through Monday, seabed in the designated area. Vessels June 8. may otherwise transit or navigate [CGD13–02–020, 68 FR 31979, May 29, 2003, as within this area without reservation. amended by CDG13–05–007, 70 FR 33353, June (c) Waiver. The Captain of the Port, 8, 2005; USCG–2010–0351, 75 FR 50884, Aug. 18, Puget Sound, upon advice from the 2010; USCG–2015–0484, 80 FR 31470, June 3, United States Environmental Protec- 2015] tion Agency (USEPA) Project Manager and the Washington State Department § 165.1313 Security zone regulations, of Natural Resources, may, upon writ- tank ship protection, Puget Sound and adjacent waters, Washington ten request, authorize a waiver from this section if it is determined that the (a) Notice of enforcement or suspension proposed operation supports USEPA re- of enforcement. The tank ship security medial objectives, or can be performed zone established by this section will be in a manner that ensures the integrity enforced only upon notice by the Cap- of the sediment cap. A written request tain of the Port Puget Sound. Captain must describe the intended operation, of the Port Puget Sound will cause no- state the need, and describe the pro- tice of the enforcement of the tank posed precautionary measures. Re- ship security zone to be made by all ap- quests shall be submitted in triplicate, propriate means to effect the widest to facilitate review by USEPA, Coast publicity among the affected segments Guard, and Washington State Agencies. of the public including publication in USEPA managed remedial design, re- the FEDERAL REGISTER as practicable, medial action, habitat mitigation, or in accordance with 33 CFR 165.7(a). monitoring activities associated with Such means of notification may also the Olympic View Resource Area include but are not limited to, Broad- Superfund Site are excluded from the cast Notice to Mariners or Local No- waiver requirement. USEPA is re- tice to Mariners. The Captain of the quired, however, to alert the Coast Port Puget Sound will issue a Broad- Guard in advance concerning any of cast Notice to Mariners and Local No- the above-mentioned activities that tice to Mariners notifying the public may, or will, take place in the Regu- when enforcement of the tank ship se- lated Area. curity zone is suspended. (b) The following definitions apply to [CGD13–02–016, 68 FR 17735, Apr. 11, 2003] this section: (1) Federal Law Enforcement Officer § 165.1312 Security Zone; Portland means any employee or agent of the Rose Festival on Willamette River. United States government who has the (a) Location. The following area is a authority to carry firearms and make security zone: All waters of the Wil- warrantless arrests and whose duties lamette River, from surface to bottom, involve the enforcement of criminal encompassed by the Hawthorne and laws of the United States. Steel Bridges. (2) Navigable waters of the United (b) Regulations. In accordance with States means those waters defined as § 165.33, entry into this zone is prohib- such in 33 CFR part 2. ited unless authorized by the Captain (3) Navigation Rules means the Navi- of the Port Columbia River or his des- gation Rules, International-Inland. ignated representatives. Section 165.33 (4) Official patrol means those persons also contains other general require- designated by the Captain of the Port ments. to monitor a tank ship security zone,

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permit entry into the zone, give legally a safe course and shall proceed as di- enforceable orders to persons or vessels rected by the on-scene official patrol or with in the zone and take other actions tank ship master. No vessel or person authorized by the Captain of the Port. is allowed within 100 yards of a tank Persons authorized in paragraph (k) to ship, unless authorized by the on-scene enforce this section are designated as official patrol or tank ship master. the official patrol. (g) To request authorization to oper- (5) Public vessel means vessels owned, ate within 100 yards of a tank ship, chartered, or operated by the United contact the on-scene official patrol or States, or by a State or political sub- tank ship master on VHF-FM channel division thereof. 16 or 13. (6) Tank ship security zone is a regu- (h) When conditions permit, the on- lated area of water, established by this scene official patrol or tank ship mas- section, surrounding tank ships for a ter should: 500-yard radius that is necessary to provide for the security of these ves- (1) Permit vessels constrained by sels. their navigational draft or restricted in (7) Tank ship means a self-propelled their ability to maneuver to pass with- tank vessel that is constructed or in 100 yards of a tank ship in order to adapted primarily to carry oil or haz- ensure a safe passage in accordance ardous material in bulk as cargo or with the Navigation Rules; cargo residue in the cargo spaces. The (2) Permit commercial vessels an- definition of tank ship does not include chored in a designated anchorage area tank barges. to remain at anchor when within 100 (8) Washington Law Enforcement Offi- yards of a passing tank ship; and cer means any General Authority (3) Permit vessels that must transit Washington Peace Officer, Limited Au- via a navigable channel or waterway to thority Washington Peace Officer, or pass within 100 yards of a moored or Specially Commissioned Washington anchored tank ship with minimal delay Peace Officer as defined in Revised consistent with security. Code of Washington section 10.93.020. (i) Exemption. Public vessels as de- (c) Security zone: There is established fined in paragraph (b) of this section a tank ship security zone extending for are exempt from complying with para- a 500-yard radius around all tank ships graphs (c), (d), (f), (g), (h), (j), and (k) of located in the navigable waters of the this section. United States in Puget Sound, WA, (j) Exception. 33 CFR Part 161 promul- east of 123 degrees, 30 minutes West gates Vessel Traffic Service regula- Longitude. [Datum: NAD 1983] tions. Measures or directions issued by (d) Compliance: The tank ship secu- Vessel Traffic Service Puget Sound rity zone established by this section re- pursuant to 33 CFR Part 161 shall take mains in effect around tank ships at all times, whether the tank ship is under- precedence over the regulations in this way, anchored, or moored. Upon notice section. of enforcement by the Captain of the (k) Enforcement. Any Coast Guard Port Puget Sound, the Coast Guard commissioned, warrant or petty officer will enforce the tank ship security zone may enforce the rules in this section. in accordance with rules set out in this In the navigable waters of the United section. Upon notice of suspension of States to which this section applies, enforcement by the Captain of the Port when immediate action is required and Puget Sound, all persons and vessels representatives of the Coast Guard are are authorized to enter, transit, and not present or not present in sufficient exit the tank ship security zone, con- force to provide effective enforcement sistent with the Navigation Rules. of this section in the vicinity of a tank (e) The Navigation Rules shall apply ship, any Federal Law Enforcement Of- at all times within a tank ship security ficer or Washington Law Enforcement zone. Officer may enforce the rules contained (f) When within a tank ship security in this section pursuant to 33 CFR zone all vessels shall operate at the § 6.04–11. In addition, the Captain of the minimum speed necessary to maintain Port may be assisted by other federal,

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state or local agencies in enforcing this this part, no person or vessel may section. enter or remain in this zone unless authorized by the Captain or the Port or [CGD13–02–018, 68 FR 15374, Mar. 31, 2003] his designated representatives. § 165.1314 Safety Zone; Fort Vancouver (c) Authority. In addition to 33 U.S.C. Fireworks Display, Columbia River, 1231, the authority for this section in- Vancouver, Washington. cludes 33 U.S.C. 1226. (a) Location. The following area is a (d) Enforcement period. This section safety zone: All waters of the Columbia will be enforced every July 4, from 9:30 River at Vancouver, Washington p.m. (P.D.T.) to 11 p.m. (P.D.T.). bounded by a line commencing at the [CGD13–03–001, 68 FR 31610, May 28, 2003] northern base of the Interstate 5 high- ° ″ ′ EFFECTIVE DATE NOTE: By USCG–2017–0149, way bridge at latitude 45 37 16.5 N, 82 FR 28558, June 23, 2017, § 165.1314 was re- longitude 122°40″ 22.5′’ W; thence south moved, effective July 4, 2017. along the Interstate 5 highway bridge to Hayden Island, Oregon at latitude § 165.1315 Safety Zone; Annual Fire- 45°36″ 51.5′ N, longitude 122°40″ 39′ W; works Displays within the Sector thence east along Hayden Island to Columbia River Captain of the Port latitude 45°36″ 36′ N, longitude 122°39″ Zone. 48′ W (not to include Hayden Bay); (a) Safety zones. The following areas thence north across the river thru the are designated safety zones: Waters of preferred channel buoy, RG Fl(2 + 1)R the Columbia River and its tributaries, 6s, to the Washington shoreline at lati- waters of the Siuslaw River, Yaquina tude 45°37″ 1.5′ N, longitude 122°39″ 29′ River, and Umpqua River, and waters W; thence west along the Washington of the Washington and Oregon coasts, shoreline to the point of origin. within a 450 yard radius of the launch (b) Regulations. In accordance with site at the approximate locations listed the general regulations in § 165.23 of in the following table:

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N 124 ...... N 123 ...... N 122 ...... 122 N ...... N 124 ...... N 122 ...... N 122 ...... N 124 ...... N 122 ...... N 123 ...... N 124 ...... N 120 ...... N 122 ...... N 121 ...... N 122 ...... 123 N ...... N 122 ...... N 124 ...... N 121 ...... N 120 ...... 124 N ...... N 124 ...... N 124 ...... N 122 ...... N 122 ...... N 124 ...... N 124 ...... N 124 ...... 124 N ...... 123 N ...... N 121 ...... N 123 ...... N 124 ...... N 122 ...... N 124 ...... N 124 ...... N 124 ...... N 124 ...... N 122 ...... 122 ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ 54 44 02 31 58 58 37 42 44 42 42 09 22 46 17 33 40 06 23 32 15 32 44 03 14 58 39 48 56 39 54 37 38 28 30 55 08 18 58 40 33 42 31 17 17 07 14 ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ 51 21 18 44 30 02 31 30 30 13 23 11 30 58 28 05 18 26 58 22 43 33 40 34 11 27 54 42 41 36 40 51 23 18 55 25 43 37 36 12 37 26 23 25 54 54 52 ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° 45 September...... One day in July ...... 46 ...... One day in July ...... 46 ...... One day in July ...... 43 ...... One day in October ...... 45 ...... One day in July ...... 45 ...... One day in June ...... 44 ks, OR ...... One day in July ...... 45 OR ...... One day in July ...... 45 OR ...... One day in August or ter Bay, OR ...... One day in July ...... 43 lens, OR ...... One day in July ...... 45 ce, OR ...... One day in July ...... 43 ings, OR ...... One day in July ...... 42 land, OR ...... One day in May or June 45 ld Beach, OR ...... One day in July ...... 42 rth Bend, OR ...... One day in July ...... 43 erdeen, WA ...... One day in July ...... 46 toria, OR ...... One day in July ...... 46 ortland, OR ...... One day in May ...... 45 Portland, OR ...... One day in July ...... 45 Roseburg, OR ...... One day in July ...... 43 . Gresham, OR ...... One day in July ...... 45 ... Oregon City, OR ...... One day in October ...... 45 ... North Bend, OR ...... One day in July ...... 43 .... Ridgefield, WA ...... One day in July ...... 45 .... Westport, WA ...... One day in June ...... 46 ..... Toledo, OR ...... One day in July ...... 44 ..... Rufus, OR ...... One day in July ...... 45 ..... Westport, WA ...... One day in July ...... 46 ...... St. Helens, OR ...... One day in July ...... 45 ...... Rainier, OR ...... One day in July ...... 46 ...... Portland, OR ...... One day in July ...... 45 ...... Hood River, OR ...... One day in July ...... 45 ...... Washougal, WA ...... One day in July ...... 45 ...... Milwaukie, OR ...... One day in September .... 45 ...... Milwaukie, OR ...... One day in July ...... 45 ...... Huntington, OR ...... One day in July ...... 44 ...... Newport, OR ...... One day in July ...... 44 ...... Lincoln City, OR ...... One day in July ...... 44 ...... Port Orford, OR ...... One day in July ...... 42 ...... Waldport, OR ...... One day in July ...... Westport, WA ...... 44 One day in July ...... 46 ...... Arlington, OR ...... One day in July ...... 45 ...... Gardiner, OR ...... One day in July ...... 43 ...... Yachats, OR ...... One day in July ...... 44 ...... Astoria, OR ...... One day in August ...... 46 ...... West Linn, OR ...... One day in July ...... 45 Event name (typically) Event location Date of event Latitude Longitude Cinco de Mayo Fireworks Display ...... Portland Rose Festival Fireworks Display P ...... Tri-City Chamber of Commerce Fireworks Display, Columbia Park Port ...... Cedco Inc. Fireworks Display Kennewick, WA ...... Astoria-Warrenton 4th of July Fireworks ...... Waterfront Blues Festival Fireworks As ...... Oregon Symphony Concert Fireworks Display ...... Portland, Florence Independence Day Celebration ...... Oaks Park Association ...... Floren City of Rainier/Rainier Days ...... Ilwaco July 4th Committee Fireworks/Independence Day at the Port ...... Celebrate Milwaukie Ilwaco, OR ...... Splash Aberdeen Waterfront Festival ...... City of Coos Bay July 4th Celebration/Fireworks Over the ...... Ab Arlington 4th of July Coos Bay, OR ...... East County 4th of July Fireworks ...... Port of Cascade Locks 4th July Fireworks Display ...... Washougal 4th of July ...... Cascade Loc Astoria Regatta ...... City of St. Helens 4th July Fireworks Display ...... Waverly Country Club 4th of July Fireworks Display St. He ...... Booming Bay Fireworks Milwaukie, ...... Hood River 4th of July ...... Rufus 4th of July Fireworks ...... Newport High School Graduation Fireworks Display ...... Willamette Falls Heritage Festival Newport, OR ...... Winchester Bay 4th of July Fireworks Display ...... Brookings, OR July 4th Fireworks Display Winches ...... Maritime Heritage Festival Brook ...... Lynch Picnic ...... Yachats 4th of July ...... Lincoln City 4th of July ...... July 4th Party at the Port of Gold Beach ...... Gardiner 4th of July Go ...... Huntington 4th of July ...... Toledo Summer Festival ...... Port Orford 4th of July ...... The Dalles Area Chamber of Commerce Fourth July ......

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(b) Special requirements. Fireworks and one hour after the duration of the barges or launch sites on land used in event each day a barge or launch site locations stated in this rule shall dis- with a ‘‘FIREWORKS–DANGER–STAY play a sign. The sign will be affixed to AWAY’’ sign is located within any of the port and starboard side of the barge the above designated safety zone loca- or mounted on a post 3 feet above tions and meets the criteria estab- ground level when on land and in close lished in paragraphs (a), (b), and (c). proximity to the shoreline facing the (e) Regulations. In accordance with water labeled ‘‘FIREWORKS–DAN- the general regulations in 33 CFR part GER–STAY AWAY.’’ This will provide 165, subpart C, no person may enter or on-scene notice that the safety zone is, remain in the safety zone created in or will, be enforced on that day. This this section or bring, cause to be notice will consist of a diamond shaped brought, or allow to remain in the safe- sign, 4 foot by 4 foot, with a 3 inch or- ty zone created in this section any ve- ange retro-reflective border. The word hicle, vessel, or object unless author- ‘‘DANGER’’ shall be 10 inch black ized by the Captain of the Port or his block letters centered on the sign with designated representative. The Captain the words ‘‘FIREWORKS’’ and ‘‘STAY of the Port may be assisted by other AWAY’’ in 6 inch black block letters Federal, State, or local agencies with placed above and below the word the enforcement of the safety zone. ‘‘DANGER’’ respectively on a white (f) Authorization. All vessel operators background. An on-scene patrol vessel who desire to enter the safety zone may enforce these safety zones at least must obtain permission from the Cap- 1 hour prior to the start and 1 hour tain of the Port or Designated Rep- after the conclusion of the fireworks resentative by contacting either the display. on-scene patrol craft on VHF Ch 13 or (c) Notice of enforcement. These safety Ch 16 or the Coast Guard Sector Co- zones will be activated and thus sub- lumbia River Command Center via ject to enforcement, under the fol- telephone at (503) 861–6211. lowing conditions: the Coast Guard [USCG–2014–0300, 80 FR 29951, May 26, 2015] must receive an Application for Marine Event for each fireworks display; and, EFFECTIVE DATE NOTE: By USCG–2017–0149, the Captain of the Port will cause no- 82 FR 28558, June 23, 2017, § 165.1315 was re- tice of the enforcement of these safety vised, effective July 4, 2017. For the convenience of the user, the revised text is set forth zones to be made by all appropriate as follows: means to provide notice to the affected segments of the public as practicable, § 165.1315 Safety Zone; Annual Fireworks in accordance with 33 CFR 165.7(a). The Displays within the Sector Columbia River Captain of the Port Zone. Safety Captain of the Port will issue a Local Zone; Annual Fireworks Displays within Notice to Mariners notifying the public the Sector Columbia River Captain of the of activation and suspension of enforce- Port Zone. ment of these safety zones. Addition- (a) Safety zones. The following areas are ally, an on-scene Patrol Commander designated safety zones: Waters of the Co- may be appointed to enforce the safety lumbia River and its tributaries, waters of zones by limiting the transit of non- the Siuslaw River, Yaquina River, Umpqua River, Clatskanie River, Tillamook Bay and participating vessels in the designated waters of the Washington and Oregon Coasts, areas described above. within a 450 yard radius of the launch site at (d) Enforcement period. This rule will the approximate locations listed in the fol- be enforced at least one hour before lowing table:

Event name Event (typically) location Date of event Latitude Longitude

Cinco de Mayo Fireworks ...... Portland, OR ...... One day in May ... 45°30′58″ N ...... 122°40′12″ W. Portland Rose Festival Fireworks ..... Portland, OR ...... One day in May or 45°30′58″ N ...... 122°40′12″ W. June. Newport High School Graduation Newport, OR ...... One day in June .. 44°36′48″ N ...... 124°04′10″ W. Fireworks. Tri-City Chamber of Commerce Fire- Kennewick, WA ... One day in July ... 46°13′37″ N ...... 119°08′47″ W. works/River of Fire Festival. Astoria-Warrenton 4th of July Fire- Astoria, OR ...... One day in July ... 46°11′34″ N ...... 123°49′28″ W. works.

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Event name Event (typically) location Date of event Latitude Longitude

Waterfront Blues Festival Fireworks Portland, OR ...... One day in July ... 45°30′42″ N ...... 122°40′14″ W. Florence Independence Day Cele- Florence, OR ...... One day in July ... 43°58′09″ N ...... 124°05′50″ W. bration. Oaks Park Association 4th of July .... Portland, OR ...... One day in July ... 45°28′22″ N ...... 122°39′59″ W. City of Rainier/Rainier Days ...... Rainier, OR ...... One day in July ... 46°05′46″ N ...... 122°56′18″ W. Ilwaco July 4th Committee Fire- Ilwaco, OR ...... One day in July ... 46°18′17″ N ...... 124°02′00″ W. works/Independence Day at the Port. Celebrate Milwaukie ...... Milwaukie, OR ..... One day in July ... 45°26′33 N ...... 122°38′44″ W. Splash Aberdeen Waterfront Festival Aberdeen, WA ..... One day in July ... 46°58′40″ N ...... 123°47′45″ W. City of Coos Bay July 4th Celebra- Coos Bay, OR ..... One day in July ... 43°22′06″ N ...... 124°12′24″ W. tion/Fireworks Over the Bay. Arlington 4th of July ...... Arlington, OR ...... One day in July ... 45°43′23″ N ...... 120°12′11 W. East County 4th of July Fireworks .... Gresham, OR ...... One day in July ... 45°33′32″ N ...... 122°27′10″ W. Port of Cascade Locks 4th of July Cascade Locks, One day in July ... 45°40′15″ N ...... 121°53′43″ W. Fireworks. OR. Clatskanie Heritage Days Fireworks Clatskanie, OR .... One Day in July ... 46°6′17″ N ...... 123°12′02″ W. Washougal 4th of July ...... Washougal, WA ... One day in July ... 45°34′32″ N ...... 122°22′53″ W. City of St. Helens 4th of July Fire- St. Helens, OR .... One day in July ... 45°51′54″ N ...... 122°47′26″ W. works. Waverly Country Club 4th of July Milwaukie, OR ..... One day in July ... 45°27′03″ N ...... 122°39′18″ W. Fireworks. Hood River 4th of July ...... Hood River, OR ... One day in July ... 45°42′58″ N ...... 121°30′32″ W. Rufus 4th of July Fireworks ...... Rufus, OR ...... One day in July ... 45°41′39″ N ...... 120°45′16″ W. Winchester Bay 4th of July Fireworks Winchester Bay, One day in July ... 43°40′56″ N ...... 124°11′13″ W. OR. Brookings, OR July 4th Fireworks .... Brookings, OR ..... One day in July ... 42°02′39″ N ...... 124°16′14″ W. Maritime Heritage Festival ...... St. Helens, OR .... One day in July ... 45°51′54″ N ...... 122°47′26″ W. Lynch Picnic ...... West Linn, OR ..... One day in July ... 45°23′37″ N ...... 122°37′52″ W. Yachats 4th of July ...... Yachats, OR ...... One day in July ... 44°18′38″ N ...... 124°06′27″ W. Lincoln City 4th of July ...... Lincoln City, OR .. One day in July ... 44°55′28″ N ...... 124°01′31″ W. July 4th Party at the Port of Gold Gold Beach, OR .. One day in July ... 42°25′30″ N ...... 124°25′03″ W. Beach. Gardiner 4th of July ...... Gardiner, OR ...... One day in July ... 43°43′55″ N ...... 124°06′48″ W. Huntington 4th of July ...... Huntington, OR .... One day in July ... 44°18′02″ N ...... 117°13′33″ W. Toledo Summer Festival ...... Toledo, OR ...... One day in July ... 44°37′08″ N ...... 123°56′24″ W. Port Orford 4th of July ...... Port Orford, OR ... One day in July ... 42°44′31″ N ...... 124°29′30″ W. The Dalles Area Fourth of July ...... The Dalles, OR .... One day in July ... 45°36′18″ N ...... 121°10′23″ W. Roseburg Hometown 4th of July ...... Roseburg, OR ..... One day in July ... 43°12′58″ N ...... 123°22′10″ W. Newport 4th of July ...... Newport, OR ...... One day in July ... 44°37′40″ N ...... 124°02′45″ W. Cedco Inc./The Mill Casino Inde- North Bend, OR ... One day in July ... 43°23′42″ N ...... 124°12′55″ W. pendence Day. Waldport 4th of July ...... Waldport, OR ...... One day in July ... 44°25′31″ N ...... 124°04′44″ W. Westport 4th of July ...... Westport, WA ...... One day in July ... 46°54′17″ N ...... 124°05′59″ W. The 4th of July at Pekin Ferry ...... Ridgefield, WA ..... One day in July ... 45°52′07″ N ...... 122°43′53″ W. Bandon 4th of July ...... Bandon, OR ...... One day in July ... 43°07′29″ N ...... 124°25′05″ W. Garibaldi Days Fireworks ...... Garibaldi, OR ...... One day in July ... 45°33′13″ N ...... 123°54′56″ W. Bald Eagle Days ...... Cathlamet, WA .... One day in July ... 46°12′14″ N ...... 123°23′17″ W. Independence Day at the Fort Van- Vancouver, WA ... One Day in July ... 45°36′57″ N ...... 122°40′09″ W. couver. Oregon Symphony Concert Fire- Portland, OR ...... One day in August 45°30′42″ N ...... 122°40′14″ W. works. or September. Astoria Regatta ...... Astoria, OR ...... One day in August 46°11′34″ N ...... 123°49′28″ W. First Friday Milwaukie ...... Milwaukie, OR ..... One day in Sep- 45°26′33″ N ...... 122°38′44″ W. tember. Leukemia and Lymphoma Light the Portland, OR ...... One day in Octo- 45°31′14″ N ...... 122°40′06″ W. Night Fireworks. ber. Willamette Falls Heritage Festival ..... Oregon City, OR .. One day in Octo- 45°21′44″ N ...... 122°36′21″ W. ber. Veterans Day Celebration ...... The Dalles, OR .... One day in No- 45°36′18″ N ...... 121°10′34″ W. vember.

(b) Special requirements. Fireworks barges water labeled ‘‘FIREWORKS—DANGER— or launch sites on land used in locations STAY AWAY.’’ This will provide on-scene stated in this section must display a sign. notice that the safety zone is, or will, be en- The sign will be affixed to the port and star- forced on that day. This notice will consist board side of the barge or mounted on a post of a diamond shaped sign, 4-foot by 4-foot, 3 feet above ground level when on land and in with a 3-inch orange retro-reflective border. close proximity to the shoreline facing the The word ‘‘DANGER’’ will be 10-inch black

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block letters centered on the sign with the line and finally westerly along the Or- words ‘‘FIREWORKS’’ and ‘‘STAY AWAY’’ egon shoreline to the point of origin. in 6-inch black block letters placed above (b) Regulations. In accordance with and below the word ‘‘DANGER’’ respectively the general regulations in § 165.23 of on a white background. An on-scene patrol vessel may enforce these safety zones at this part, no person or vessel may least 1 hour prior to the start and 1 hour enter or remain in this zone unless au- after the conclusion of the fireworks display. thorized by the Captain or the Port or (c) Notice of enforcement. These safety zones his designated representatives. will be activated and thus subject to enforce- (c) Authority. In addition to 33 U.S.C. ment, under the following conditions: The 1231, the authority for this section in- Coast Guard must receive an Application for cludes 33 U.S.C. 1226. Marine Event for each fireworks display; (d) Enforcement period. This section and, the Captain of the Port will cause notice of the enforcement of these safety zones will normally be enforced on the sec- to be made by all appropriate means to pro- ond Saturday of August from 9:30 p.m. vide notice to the affected segments of the (PDT) to 10:30 p.m. (PDT). Announce- public as practicable, in accordance with ment of enforcement periods may be § 165.7(a). The Captain of the Port will issue made by the methods described in 33 a Local Notice to Mariners notifying the CFR 165.7, or any other reasonable public of activation and suspension of en- method. forcement of these safety zones. Addition- ally, an on-scene Patrol Commander may be [CGD13–03–013, 68 FR 42290, July 17, 2003] appointed to enforce the safety zones by lim- EFFECTIVE DATE NOTE: By USCG–2017–0149, iting the transit of non-participating vessels 82 FR 28559, June 23, 2017, § 165.1316 was re- in the designated areas described in para- moved, effective July 4, 2017. graph (a) of this section. (d) Enforcement periods. This section will be enforced at least 1 hour before and 1 hour § 165.1317 Security and Safety Zone; after the duration of the event each day a Large Passenger Vessel Protection, barge or launch site with a ‘‘FIREWORKS— Puget Sound and adjacent waters, DANGER—STAY AWAY’’ sign is located Washington. within any of the safety zones identified in (a) Notice of enforcement or suspension paragraph (a) of this section and meets the of enforcement. The large passenger ves- criteria established in paragraphs (b) and (c) sel security and safety zone established of this section. by this section will be enforced only (e) Regulations. In accordance with the general regulations in subpart C of this part no upon notice by the Captain of the Port person may enter or remain in the safety Puget Sound. Captain of the Port zone created in this section or bring, cause Puget Sound will cause notice of the to be brought, or allow to remain in the safe- enforcement of the large passenger ves- ty zone created in this section any vehicle, sel security and safety zone to be made vessel, or object unless authorized by the by all appropriate means to effect the Captain of the Port or his designated rep- widest publicity among the affected resentative. The Captain of the Port may be assisted by other Federal, State, or local segments of the public including publi- agencies with the enforcement of the safety cation in the FEDERAL REGISTER as zone. practicable, in accordance with 33 CFR (f) Authorization. All vessel operators who 165.7(a). Such means of notification desire to enter the safety zone must obtain may also include but are not limited permission from the Captain of the Port or to, Broadcast Notice to Mariners or Designated Representative by contacting ei- Local Notice to Mariners. The Captain ther the on-scene patrol craft on VHF Ch 13 or Ch 16 or the Coast Guard Sector Columbia of the Port Puget Sound will issue a River Command Center via telephone at (503) Broadcast Notice to Mariners and 861–6211. Local Notice to Mariners notifying the public when enforcement of the large § 165.1316 Safety Zone; Columbia passenger vessel security and safety River, Astoria, Oregon. zone is suspended. (a) Location. The following area is a (b) Definitions. The following defini- safety zone: All waters of the Columbia tions apply to this section: River at Astoria, Oregon enclosed by Federal Law Enforcement Officer the following points: North from the means any employee or agent of the Oregon shoreline at 123°49′36″ West to United States government who has the 46°11′51″ North thence east to 123°48′53″ authority to carry firearms and make West thence south to the Oregon shore- warrantless arrests and whose duties

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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- ity Washington Peace Officer, or Spe- their navigational draft or restricted in cially Commissioned Washington Peace their ability to maneuver to pass with- Officer as defined in Revised Code of in 100 yards of a large passenger vessel Washington section 10.93.020. in order to ensure a safe passage in ac- (c) Security and safety zone. There is cordance with the Navigation Rules; established a large passenger vessel se- and curity and safety zone extending for a (2) Permit vessels that must transit 500-yard radius around all large pas- via a navigable channel or waterway to senger vessels located in the navigable pass within 100 yards of an anchored waters of the United States in Puget large passenger vessel or within 25 Sound, WA, east of 123°30′ West Lon- yards of a moored large passenger ves- gitude. [Datum: NAD 1983]. sel with minimal delay consistent with (d) Compliance. The large passenger security. vessel security and safety zone estab- (i) When a large passenger vessel ap- lished by this section remains in effect proaches within 100 yards of any vessel

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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 Columbia River. Captain of the Port safety zone unless it is either ordered Columbia River will cause notice of the by, or given permission by the Captain enforcement of the large passenger ves- of the Port Puget Sound, his des- sel security and safety zone to be made ignated representative or the on-scene by all appropriate means to effect the official patrol to do otherwise. widest publicity among the affected (j) Exemption. Public vessels as de- segments of the public including publi- fined in paragraph (b) of this section cation in the FEDERAL REGISTER as are exempt from complying with para- practicable, in accordance with 33 CFR graphs (c), (d), (f), (g), (h), and (i), of 165.7(a). Such means of notification this section. may also include but are not limited (k) Exception. 33 CFR part 161 con- to, Broadcast Notice to Mariners or tains Vessel Traffic Service regula- Local Notice to Mariners. The Captain tions. When measures or directions of the Port Columbia River will issue a issued by Vessel Traffic Service Puget Broadcast Notice to Mariners and Sound pursuant to 33 CFR part 161 also Local Notice to Mariners notifying the apply, the measures or directions gov- public when enforcement of the large ern rather than the regulations in this passenger vessel security and safety section. zone is suspended. (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 of this section in the vicinity of a large laws of the United States. passenger vessel, any Federal Law En- Large passenger vessel means any ves- forcement Officer or Washington Law sel over 100 feet in length (33 meters) Enforcement Officer may enforce the carrying passengers for hire including, rules contained in this section pursu- but not limited to, cruise ships, auto ant to 33 CFR 6.04–11. In addition, the ferries, passenger ferries, and excursion Captain of the Port may be assisted by vessels. other federal, state or local agencies in Large passenger vessel security and enforcing this section. safety zone is a regulated area of water, (m) Waiver. The Captain of the Port established by this section, sur- Puget Sound may waive any of the re- rounding large passenger vessels for a quirements of this section for any ves- 500 yard radius that is necessary to sel or class of vessels upon finding that provide for the security and safety of a vessel or class of vessels, operational these vessels. conditions or other circumstances are Navigable waters of the United States such that application of this section is means those waters defined as such in unnecessary or impractical for the pur- 33 CFR part 2. pose of port security, safety or environ- Navigation Rules means the Naviga- mental safety. tion Rules, International-Inland. [CGD13–03–018, 69 FR 2068, Jan. 14, 2004; 69 FR Official Patrol means those persons 4245, Jan. 29, 2004] designated by the Captain of the Port to monitor a large passenger vessel se- § 165.1318 Security and Safety Zone curity and safety zone, permit entry Regulations, Large Passenger Ves- into the zone, give legally enforceable sel Protection, Captain of the Port orders to persons or vessels with in the Columbia River Zone. zone and take other actions authorized (a) Notice of enforcement or suspension by the Captain of the Port. Persons au- of enforcement. The large passenger ves- thorized as Federal Law Enforcement

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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 and extending eastward on the Colum- (2) Permit commercial vessels an- bia River to Kennewick, WA and chored in a designated anchorage area upriver through Lewiston, ID on the to remain at anchor within 100 yards of Snake River. a passing large passenger vessel; and (d) Compliance. The large passenger (3) Permit vessels that must transit vessel security and safety zone estab- via a navigable channel or waterway to lished by this section remains in effect pass within 100 yards of an anchored around large passenger vessels at all large passenger vessel. times, whether the large passenger ves- (i) Stationary vessels. When a large sel is underway, anchored, or moored. passenger vessel approaches within 100 Upon notice of enforcement by the Cap- yards of any vessel that is moored or tain of the Port Columbia River, the anchored, the stationary vessel must Coast Guard will enforce the large pas- stay moored or anchored while it re- senger vessel security and safety zone mains with in the large passenger ves- in accordance with rules set out in this sel’s security and safety zone unless it section. Upon notice of suspension of is either ordered by, or given permis- enforcement by the Captain of the Port sion by the Captain of the Port Colum- Columbia River, all persons and vessels bia River, his designated representa- are authorized to enter, transit, and tive or the on-scene official patrol to exit the large passenger vessel security do otherwise. and safety zone, consistent with the (j) Exemption. Public vessels as de- Navigation Rules. fined in paragraph (b) of this section (e) Navigation Rules. The Navigation are exempt from complying with para- Rules shall apply at all times within a graphs (c), (d), (f), (g), (h), and (i), of large passenger vessel security and this section. safety zone. (k) Enforcement. Any Coast Guard (f) Restrictions based on distance from commissioned, warrant or petty officer large passenger vessel. When within a may enforce the rules in this section. large passenger vessel security and In the navigable waters of the United safety zone, all vessels shall operate at States to which this section applies, the minimum speed necessary to main- when immediate action is required and tain a safe course and shall proceed as representatives of the Coast Guard are directed by the on-scene official patrol not present or not present in sufficient or large passenger vessel master. No force to provide effective enforcement vessel or person is allowed within 100 of this section in the vicinity of a large

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passenger vessel, any Federal Law En- persons granted authorization to enter forcement Officer, Oregon Law En- the safety zone shall obey all lawful or- forcement Officer or Washington Law ders or directions of the Captain of the Enforcement Officer may enforce the Port or his designated representatives. rules contained in this section pursuant to 33 CFR 6.04–11. In addition, the [CGD13–04–002, 69 FR 35250, June 24, 2004, as Captain of the Port may be assisted by amended by USCG–2012–0903, 78 FR 12600, Feb. 25, 2013] other federal, state or local agencies in enforcing this section. § 165.1321 Security Zone; Protection of (l) Waiver. The Captain of the Port Military Cargo, Captain of the Port Columbia River may waive any of the Zone Puget Sound, WA. requirements of this section for any vessel or class of vessels upon finding (a) Notice of enforcement or suspension that a vessel or class of vessels, oper- of enforcement. The Captain of the Port ational conditions or other cir- Puget Sound will enforce the security cumstances are such that application zones established by this section only of this section is unnecessary or im- upon notice. Captain of the Port Puget practical for the purpose of port secu- Sound will cause notice of the enforce- rity, safety or environmental safety. ment of these security zone to be made by all appropriate means to effect the [CGD13–03–022, 68 FR 53679, Sept. 12, 2003, as widest publicity among the affected amended by USCG–2010–0351, 75 FR 48565, segments of the public including publi- Aug. 11, 2010] cation in the FEDERAL REGISTER as § 165.1319 Seafair Air Show Perform- practicable, in accordance with 33 CFR ance, Seattle, WA. 165.7(a). Such means of notification may also include but are not limited (a) Enforcement period. This section to, Broadcast Notice to Mariners or will be enforced annually during the Local Notice to Mariners. The Captain last week in July and the first two of the Port Puget Sound will issue a weeks of August from 8 a.m. until 4 Broadcast Notice to Mariners and p.m., each day during the event. The Local Notice to Mariners notifying the event will be one week or less in dura- public when enforcement of these secu- tion. The specific dates during this rity zones is suspended. time frame will be published in the (b) Definitions. The following defini- FEDERAL REGISTER. (b) Location. The following is a safety tions apply to this section: zone: All waters of Lake Washington Designated Representative means those encompassed by the following points: persons designated by the Captain of 47°36′17.28″ N, 122°14′49.44″ W; thence the Port to monitor these security west to point 47°36′17.28″ N, 122°16′58.56″ zones, permit entry into these zones, W; thence south along the shoreline to give legally enforceable orders to per- Andrews Bay at point 47°33′04.62″ N, sons or vessels with in these zones and 122°15′32.46″ W; thence northeast along take other actions authorized by the the shoreline of Bailey Peninsula to its Captain of the Port. Persons author- northeast point at 47°33′44.98″ N, ized in paragraph (g) to enforce this 122°15′03.48″ W; thence easterly to point section and Vessel Traffic Service 47°33′43.98″ N, 122°13′51.36″ W on Mercer Puget Sound (VTS) are Designated Island; thence northerly along the Representatives. shore of Mercer Island to point Federal Law Enforcement Officer 47°35′45.12″ N, 122°14′49.44″ W; thence means any employee or agent of the north back to the point of origin. United States government who has the (c) Regulations. In accordance with authority to carry firearms and make the general regulations in 33 CFR Part warrantless arrests and whose duties 165, Subpart C, no person or vessel may involve the enforcement of criminal enter or remain in the zone except for laws of the United States. support vessels and support personnel, Navigable waters of the United States vessels registered with the event orga- means those waters defined as such in nizer, or other vessels authorized by 33 CFR Part 2. the Captain of the Port or his des- Public vessel means vessels owned, ignated representatives. Vessels and chartered, or operated by the United

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States, or by a State or political sub- way and then northwesterly along the division thereof. shoreline of the Sitcum Waterway; Washington Law Enforcement Officer then northeasterly along the shoreline means any General Authority Wash- of Pier No. 5 to the point of origin. ington Peace Officer, Limited Author- [Datum: NAD 1983]. ity Washington Peace Officer, or Spe- (3) Budd Inlet Security Zone: The Se- cially Commissioned Washington Peace curity Zone in Budd Inlet, West Bay, Officer as defined in Revised Code of Olympia WA includes all waters en- Washington section 10.93.020. closed by a line connecting the fol- (c) Security zone. The following areas lowing points: 47°03′12″ N, 122°54′21″ W, are security zones: which is approximately the north- (1) Blair Waterway Security Zone: The western end of the fence line enclosing Security Zone in the Blair Waterway, Berth 1 at Port of Olympia; then north- Commencement Bay, WA, includes all erly to 47°03′15″ N, 122°54′21″ W, which is waters enclosed by a line connecting ° ′ ″ the approximate 300 feet north along the following points: 47 16 57 N, ° ′ ″ 122°24′39″ W, which is approximately the shoreline; then westerly to 47 03 15 ° ′ ″ the beginning of Pier No. 23 (also N, 122 54 26 W; then southerly to ° ′ ″ ° ′ ″ known as the Army pier); then north- 47 03 06 N, 122 54 26 W; then southeast- ° ′ ″ ° ′ ″ westerly to 47°17′05″ N, 122°24′52″ W, erly to 47 03 03 N, 122 54 20 W, which is which is the end of the Pier No. 23 approximately the end of the T-shaped (Army pier); then southwesterly to pier; then north to 47°03′04″ N, 47°16′42″ N, 122°25′ 18″ W, which is the 122°54′19.5″ W, which is approximately approximate location of a private buoy the southwestern corner of berth 1; on the end of the sewage outfall; then then northerly along the shoreline to southeasterly to 47°16′33″ N, 122°25′04″ the point of origin. [Datum: NAD 1983]. W, which is approximately the north- (d) Obtaining permission to enter, move western end of Pier No. 5; then north- within, or exit the security zones. All ves- easterly to the northwestern end of sels must obtain permission from the Pier No. 1; then southeasterly along COTP or a Designated Representative the shoreline of the Blair Waterway to to enter, move within, or exit the secu- the Blair Waterway turning basin; then rity zones established in this section along the shoreline around the Blair when these security zones are enforced. Waterway turning basin; then north- Vessels 20 meters or greater in length westerly along the shoreline of the should seek permission from the COTP Blair Waterway approximate position or a Designated Representative at least 47°16′49″ N., 122° 24′52″ W.; then north- 4 hours in advance. Vessels less than 20 easterly along the shoreline to the meters in length should seek permis- point of origin. [Datum: NAD 1983]. sion at least 1 hour in advance. VTS (2) Sitcum Waterway Security Zone: Puget Sound may be reached on VHF The Security Zone in the Sitcum Wa- channel 14. terway, Commencement Bay, WA, in- (e) Compliance. Upon notice of en- cludes all waters enclosed by a line forcement by the Captain of the Port connecting the following points: 47°16′33″ N, 122°25′04″ W, which is ap- Puget Sound, the Coast Guard will en- proximately the northwestern end of force these security zones in accord- Pier No. 5; then northwesterly to ance with rules set out in this section. 47°16′42″ N, 122°25′18″ W, which is the ap- Upon notice of suspension of enforce- proximate location of a private buoy ment by the Captain of the Port Puget on the end of the sewage outfall; then Sound, all persons and vessels are au- southwesterly to 47°16′23″ N, 122°25′36″ thorized to enter, transit, and exit W; then southeasterly to 47°16′10″ N, these security zones. 122°25′27″ W, which is the northwestern (f) Regulations. Under the general reg- corner of Pier No. 2; then extending ulations in 33 CFR part 165 subpart D, northeasterly to 47°16′13″ N, 122°25′13″ this section applies to any vessel or W; then extending southeasterly along person in the navigable waters of the the shoreline of the Sitcum Waterway; United States to which this section ap- then northeasterly along the shoreline plies. No person or vessel may enter at the terminus of the Sitcum Water- the security zones established in this

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section unless authorized by the Cap- 45°34′48″ N, 122°45′28″ W thence to tain of the Port or his designated rep- 45°34′47″ N, 122°45′28″ W and back to the resentatives. Vessels and persons point of origin. All coordinates ref- granted permission to enter the secu- erence 1983 North American Datum rity zone shall obey all lawful orders or (NAD 83). directions of the Captain of the Port or (b) Regulations. (1) Motoring, anchor- his designated representatives. All ves- ing, dragging, dredging, or trawling are sels shall operate at the minimum prohibited in the regulated area. speed necessary to maintain a safe (2) All vessels transiting or accessing course. the regulated area shall do so at a no (g) Enforcement. Any Coast Guard wake speed or at the minimum speed commissioned, warrant or petty officer necessary to maintain steerage. may enforce the rules in this section. [USCG–2008–0112, 74 FR 5988, Feb. 4, 2009] In the navigable waters of the United States to which this section applies, § 165.1323 Regulated Navigation Area: when immediate action is required and Willamette River Captain of the representatives of the Coast Guard are Port Columbia River Zone. not present or not present in sufficient (a) Location. The following is a regu- force to provide effective enforcement lated navigation area (RNA): All of this section, any Federal Law En- waters of the Willamette River encom- forcement Officer or Washington Law passed by a line commencing at Enforcement Officer may enforce the 45°34′.33″ N, 122°44′17″ W to 45°34′32″ N, rules contained in this section pursu- 122°44′18″ W thence to 45°34′35″ N, ant to 33 CFR 6.04–11. In addition, the 122°44′24″ W thence to 45°34′35″ N, Captain of the Port may be assisted by 122°44′27″ W thence to 45°34′35″ N, other federal, state or local agencies in 122°44′36″ W thence to 45°34′35″ N, enforcing this section pursuant to 33 122°44′37″ W thence to 45°34′38″ N, CFR 6.04–11. 122°44′42″ W to 45°34′39″ N, 122°44′43″ W (h) Exemption. Public vessels as de- thence to 45°34′44″ N, 122°44′51″ W thence fined in paragraph (b) of this section to 45°34′45″ N, 122°44′53″ W thence to are exempt from the requirements in 45°34′47’’ N, 122°44′51″ W thence to this section. 45°34′45″ N, 122°44′46″ W to 45°34′45″ N, (i) Waiver. For any vessel, the Cap- 122°44′45″ W thence to 45°34′47″ N, tain of the Port Puget Sound may 122°44′43″ W thence to 45°34′46″ N, waive any of the requirements of this 122°44′42″ W thence to 45°34′48″ N, section, upon finding that operational 122°44′40’’ W thence to 45°34′48″ N, conditions or other circumstances are 122°44′38″ W and along the shoreline to such that application of this section is 45°34′46″ N, 122°44′39″ W and back to the unnecessary or impractical for the pur- point of origin. All coordinates ref- pose of port security, safety or environ- erence 1983 North American Datum mental safety. (NAD 83). (b) Regulations. (1) Anchoring, spud- [CGD13–04–019, 69 FR 52603, Aug. 27, 2004, as ding, dredging, laying cable, dragging, amended by CGD13–04–040, 69 FR 71711, Dec. trawling, conducting salvage oper- 10, 2004; CGD13–04–46, 70 FR 2019, Jan. 12, 2005; ations, operating commercial vessels of CGD13–05–031, 70 FR 45537, Aug. 8, 2005; USCG–2015–0433, 80 FR 44287, July 27, 2015] any size, and operating recreational vessels greater than 30 feet in length § 165.1322 Regulated Navigation Area: are prohibited in the regulated area. Willamette River Portland, Captain (2) All vessels transiting or accessing of the Port Columbia River Zone. the regulated area shall do so at no (a) Location. The following is a regu- wake speed or at the minimum speed lated navigation area (RNA): All necessary to maintain steerage. waters of the Willamette River encom- [USCG–2008–0121, 74 FR 5991, Feb. 4, 2009] passed by a line commencing at 45°34′.47″ N, 122°45′28″ W along the shore- § 165.1324 Safety and Security Zone; line to 45°34′47″ N, 122°45′30″ W thence to Cruise Ship Protection, Elliott Bay 45°34′47″ N, 122°45′30″ W thence to and Pier-91, Seattle, Washington. 45°34′48″ N, 122°45′30″ W thence to (a) Safety and security zones. (1) The 45°34′48″ N, 122°45′30″ W thence to following area is a safety and security

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zone: All waters within the following or 13 or the Facility Security Officer at points: a rectangle, starting at 47°37′53″ (206) 728–3688. N/122°23′07″ W, thence south to position (e) Enforcement. Any Coast Guard 47°37′06″ N/122°23′07″ W, thence east to commissioned, warrant or petty officer position 47°37′06″ N/122°22′43″ W, thence may enforce the rules in this section. north to position 47°37′58″ N/122°22′43″ In the navigable waters of the United W. This zone will be enforced only dur- States to which this section applies, ing the arrival or departure of Large when immediate action is required and Passenger Cruise Vessels at Pier 91, Se- representatives of the Coast Guard are attle, Washington. not present or not present in sufficient (2) The following area is a safety and force to provide effective enforcement security zone: All waters within 100 of this section in the vicinity of a yards of Pier 91, Seattle, Washington, Large Passenger Cruise Vessel, any at approximate position 47°37′35″ N/ Federal or Washington Law Enforce- 122°23′00″ W. This zone will be enforced ment Officer may enforce the rules only when a Large Passenger Cruise contained in this section pursuant to 33 Vessel is moored at Pier 91. CFR 6.04–11. In addition, the Captain of the Port may be assisted by other Fed- (b) Regulations. In accordance with eral, state or local agencies in enforc- the general regulations in 33 CFR Part ing this section. 165, Subpart D, no person or vessel may (f) Waiver. The Captain of the Port enter or remain in either Safety and Puget Sound may waive any of the re- Security Zone except for vessels au- quirements of this section for any ves- thorized by the Captain of the Port or sel or class of vessels upon finding that Designated Representatives. a vessel or class of vessels, operational (c) Definitions. The following defini- conditions or other circumstances are tions apply to this section: such that application of this section is Facility Security Officer means the unnecessary or impractical for the pur- person designated as responsible for pose of port security, safety or environ- the development, implementation, re- mental safety. vision and maintenance of the facility security plan and for liaison with the [USCG–2009–0331, 74 FR 42028, Aug. 20, 2009] COTP and Company and Vessel Secu- § 165.1325 Regulated Navigation Areas; rity Officers. Bars Along the Coasts of Oregon Large Passenger Cruise Vessel means and Washington. any cruise ship over 100 feet in length (a) Regulated navigation areas. Each of carrying passengers for hire. Large the following areas is a regulated navi- Passenger Cruise Vessel does not in- gation area: clude vessels inspected and certificated (1) Quillayute River Entrance, Wash.: under 46 CFR, Chapter I, Subchapter T From the west end of James Island such as excursion vessels, sight seeing 47°54′23′ N., 124°39′05′ W. southward to vessels, dinner cruise vessels, and buoy No. 2 at 47°53′42′ N., 124°38′42′ W. whale watching vessels. eastward to the shoreline at 47°53′42′ N., Official Patrol means those persons 124°37′51′ W., thence northward along designated by the Captain of the Port the shoreline to 47°54′29′ N., 124°38′20′ W. to monitor a Large Passenger Cruise thence northward to 47°54′36′ N., Vessel security and safety zone, permit 124°38′22′ W. thence westward to the be- entry into the zone, give legally en- ginning. forceable orders to persons or vessels (2) Grays Harbor Entrance, Wash.: within the zone and take other actions From a point on the shoreline at authorized by the Captain of the Port. 46°59′00″ N., 124°10′10″ W. westward to Persons authorized in paragraph (e) to 46°59′00″ N., 124°15′30″ W. thence south- enforce this section are designated as ward to 46°51′00″ N., 124°15′30″ W. thence the Official Patrol. eastward to a point on the shoreline at (d) Authorization. To request author- 46°51′00″ N., 124°06′40″ W. thence north- ization to operate within 100 yards of a ward along the shoreline to a point at Large Passenger Cruise Vessel that is the south jetty 46°54′20″ N., 124°08′07″ W. moored at Pier 91, contact the on-scene thence eastward to 46°54′10″ N., Official Patrol on VHF–FM channel 16 124°05′00″ W. thence northward to

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46°55′00″ N., 124°03′30″ W. thence N., 124°00′00″ W. thence southward to northwestward to Damon Point at 45°30′00″ N., 124°00′00″ W. thence east- 46°56′50″ N., 124°06′30″ W. thence westward to a point on the shoreline at ward along the north shoreline of the 45°30′00″ N., 123°57′40″ W. thence north- harbor to the north jetty at 46°55′40″ N., ward along the shoreline to the north 124°10′27″ W. thence northward along end of Kincheloe Point at 45°33′30″ N., the shoreline to the beginning. 123°56′05″ W. thence northward to a (3) Willapa Bay, Wash.: From a point point on the north shoreline of the har- on the shoreline at 46°46′00″ N., bor at 45°33′40″ N., 123°55′59″ W. thence 124°05′40″ W. westward to 46°44′00″ N., westward along the north shoreline of 124°10′45″ W. thence eastward to a point the harbor then northward along the on the shoreline at 46°35′00″ N., seaward shoreline to the beginning. 124°03′45″ W. thence northward along (7) Netarts Bay Bar, Oreg.: From a the shoreline around the north end of point on the shoreline at 45°28′05″ N. Leadbetter Point thence southward thence westward to 45°28′05″ N., along the east shoreline of Leadbetter 124°00′00″ W. thence southward to Point to 46°36′00″ N., 124°02′15″ W. 45°24′00″ N., 124°00′00″ W. thence east- thence eastward to 46°36′00″ N., ward to a point on the shoreline at 124°00′00″ W. thence northward to Toke 45°24′00″ N., 123°57′45″ W. thence north- point at 46°42′15″ N., 123°58′00″ W. thence ward along the shoreline to 45°26′03″ N., westward along the north shoreline of 123°57′15″ W. thence eastward to a point the harbor and northward along the on the north shoreline of the harbor at seaward shoreline to the beginning. 45°26′00″ N., 123°56′57″ W. thence north- (4) Columbia River Bar, Wash.-Oreg.: ward along the shoreline to the begin- From a point on the shoreline at ning. 46°18′00″ N., 124°04′39″ W. thence west- (8) Siletz Bay Bar, Oreg.: From a ward to 46°18′00″ N., 124°09′30″ W. thence point on the shoreline at 44°56′32″ N., southward to 46°12′00″ N., 124°09′30″ W. 124°01′29″ W. thence westward to thence eastward to a point on the 44°56′32″ N., 124°03′00″ W. thence south- shoreline at 46°12′00″ N., 123°59′33″ W. ward to 44°54′40″ N., 124°03′15″ W. thence thence eastward to Tansy Point Range eastward to a point on the shoreline at Front Light at 46°11′16″ N., 123°55′05″ W.; 44°54′40″ N., 124°01′55″ W. thence north- thence northward to Chinook Point at ward along the shoreline to 44°55′35″ N., 46°15′08″ N., 123°55′25″ W. thence 124°01′25″ W. thence northward to a northwestward to the north end of point on the north shoreline of the har- Sand Island at 46°17′29″ N., 124°01′25″ W. bor at 44°55′45″ N., 124°01′20″ W. thence thence southwestward to a point on the westward and northward along the north shoreline of the harbor at shoreline to the beginning. 46°16′25″ N., 124°02′28″ W. thence (9) Depoe Bay Bar, Oreg.: From a northwestward and southwestward point on the shoreline at 44°49′15″ N., along the north shoreline of the harbor 124°04′00″ W. thence westward to and northward along the seaward 44°49′15″ N., 124°04′35″ W. thence south- shoreline to the beginning. ward to 44°47′55″ N., 124°04′55″ W. thence (5) Nehalem River Bar, Oreg.: From a eastward to a point on the shoreline at point on the shoreline 45°41′25″ N., 44°47′53″ N., 124°04′25″ W. thence north- 123°56′16″ W. thence westward 45°41′25″ ward along the shoreline and eastward N., 123°59′00″ W. thence southward to along the south bank of the entrance 45°37′25″ N., 123°59′00″ W. thence east- channel to the highway bridge thence ward to a point on the shoreline at northward to the north bank at the 45°37′25″ N., 123°56′38″ W. thence north- bridge thence westward along the ward along the shoreline to the north north bank of the entrance channel and end of the south jetty at 45°39′40″ N., northward along the seaward shoreline 123°55′45″ W. thence westward to a point to the beginning. on the shoreline at 45°39′45″ N., (10) Yaquina Bay Bar, Oreg.: From a 123°56′19″ W. thence northward along point on the shoreline at 44°38′11″ N., the shoreline to the beginning. 124°03′47″ W. thence westward to (6) Tillamook Bay Bar, Oreg.: From a 44°38′11″ N., 124°05′55″ W. thence south- point on the shoreline at 45°35′15″ N., ward to 44°35′15″ N., 124°06′05″ W. thence 123°57′05″ W. thence westward 45°35′15″ eastward to a point on the shoreline at

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44°35′15″ N., 124°04′02″ W. thence north- along the seaward shoreline to the be- ward along the shoreline and eastward ginning. along the south bank of the entrance (14) Coquille River Bar, Oreg.: From a channel to the highway bridge thence point on the shoreline at 43°08′25′ N., northward to the north bank of the en- 124°25′04′ W. thence southwestward to trance channel at the bridge thence 43°07′50′ N., 124°27′05′ W. thence southwestward along the north bank of the westward to 43°07′03′ N., 124°28′25′ W. entrance channel and northward along thence eastward to a point on the the seaway shoreline to the beginning. shoreline at 43°06′00′ N., 124°25′55′ W. (11) Siuslaw River Bar, Oreg.: From a thence northward along the shoreline ° ′ ″ point on the shoreline at 44 02 00 N., and eastward along the south shoreline ° ′ ″ 124 08 00 W. thence westward to of the channel entrance to 43°07′17′ N., 44°02′00″ N., 124°09′30″ W. thence south- 124°25′00′ W. thence northward to the ward to 44°00′00″ N., 124°09′30″ W. thence east end of the north jetty at 43°07′24′ eastward to a point on the shoreline at N., 124°24′59′ W. thence westward along 44°00′00″ N., 124°08′12″ W. thence northward along the shoreline and south- the north shoreline of the entrance ward along the west bank of the en- channel and northward along the sea- trance channel to 44°00′35″ N., 124°07′48″ ward shoreline to the beginning. W. thence southeastward to a point on (15) Rogue River Bar, Oreg.: From a the east bank of the entrance channel point on the shoreline at 42°26′25′ N., at 44°00′20″ N., 124°07′31″ W. thence 124°26′03′ W. thence westward to 42°26′10′ northward along the east bank of the N., 124°27′05′ W. thence southward to entrance channel and northward along 42°24′15′ N., 124°27′05′ W. thence east- the seaward shoreline to the beginning. ward to a point on the shoreline at (12) Umpqua River Bar, Oreg.: From a 42°24′15′ N., 124°25′30′ W. thence north- point on the shoreline at 43°41′20″ N., ward along the shoreline and eastward 124°11′58″ W. thence westward to along the south shoreline of the en- 43°41′20″ N., 124°13′32″ W thence south- trance channel to the highway bridge ward to 43°38′35″ N., 124°14′25″ W. thence thence northward across the inner har- eastward to a point on the shoreline at bor jetty to a point on the north shore- 43°38′35″ N., 124°12′35″ W. thence north- line of the entrance channel at the ward along the shoreline to the naviga- highway bridge thence westward along tional light ‘‘6’’ located on the jetty at the north shoreline of the entrance 43°40′11″ N., 124°11′56″ W. thence north- channel thence northward along the ward to a point on the north bank of seaward shoreline to the beginning. ° ′ ″ the entrance channel at 43 40 33 N., (16) Chetco River Bar, Oreg.: From a ° ′ ″ 124 11 56 W. thence southwestward point on the shoreline at 42°02′35′ N., along the north bank of the entrance 124°17′20′ W. thence southeastward to channel thence northward along the 42°01′45′ N., 124°16′30′ W. thence seaward shoreline to the beginning. northwestward to a point on the shore- (13) Coos Bay Bar, Oreg.: From a line at 42°02′10′ N., 124°15′35′ W. thence point on the shoreline at 43°22′15′ N., northwestward along the shoreline 124°19′34′ W. thence westward to 43°22′20′ ° ′ ′ thence northward along the east shore- N., 124 22 28 W. thence southwestward ° ′ ′ to 43°21′00′ N., 124°23′35′ W. thence line of the channel entrance to 42 02 47 ° ′ ′ southeastward to a point on the shore- N., 124 16 03 W. thence northward along line at 43°20′25′ N., 124°22′28′ W. thence the west face of the inner jetty and northward along the shoreline and east shoreline of the channel entrance eastward along the south shore of the to the highway bridge thence westward entrance channel to a point on the to the west shoreline of the channel at shoreline at 43°20′52′ N., 124°19′12′ W. the highway bridge thence southward thence eastward to a point on the east along the west shoreline of the channel shoreline of the harbor at 43°21′00′ N., thence westward along the seaward 124°18′50′ W. thence northward to a shoreline to the beginning. point on the west shoreline of the har- (b) Definitions. For the purposes of bor at 43°21′45′ N., 124°19′10′ W. thence this section: south and west along the west shore- (1) Bar closure means that the oper- line of the harbor thence northward ation of any vessel within a regulated

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navigation area established in para- (11) Small passenger vessel means a graph (a) of this section has been pro- vessel inspected under 46 CFR sub- hibited by the Coast Guard. chapter T or 46 CFR subchapter K. (2) Bar crossing plan (also known as a (12) Uninspected passenger vessel Go/No-Go plan) means a plan developed means an uninspected vessel— by local industry professionals, in co- (i) Of at least 100 gross tons; ordination with the Coast Guard, for a (A) Carrying not more than 12 pas- bar within a regulated navigation area sengers, including at least one pas- established in paragraph (a) of this sec- senger-for-hire; or tion and adopted by the master or op- (B) That is chartered with the crew erator of a small passenger vessel to provided or specified by the owner or guide his vessel’s operations on and in the owner’s representative and car- the vicinity of that bar. rying not more than 12 passengers; or (ii) Of less than 100 gross tons; (3) Bar restriction means that oper- (A) Carrying not more than six pas- ation of a recreational or uninspected sengers, including at least one pas- passenger vessel within a regulated senger-for-hire; or navigation area established in para- (B) That is chartered with the crew graph (a) of this section has been pro- provided or specified by the owner or hibited by the Coast Guard. the owner’s representative and car- (4) Commercial fishing industry vessel rying not more than six passengers. means a fishing vessel, fish tender ves- (13) Unsafe condition exists when the sel, or a fish processing vessel. wave height within a regulated naviga- (5) Designated representative means tion area identified in paragraph (a) of any Coast Guard commissioned, war- this section is equal to or greater than rant, or petty officer that has been au- the maximum wave height determined thorized by the Captain of the Port to by the formula L/10 + F = W where: act on his behalf. L = Overall length of a vessel measured in (6) Fish processing vessel means a ves- feet in a straight horizontal line along sel that commercially prepares fish or and parallel with the centerline between fish products other than by gutting, de- the intersections of this line with the capitating, gilling, skinning, shucking, vertical planes of the stem and stern pro- icing, freezing, or brine chilling. files excluding deckhouses and equip- (7) Fish tender vessel means a vessel ment. F = The minimum freeboard when measured that commercially supplies, stores, re- in feet from the lowest point along the frigerates, or transports fish, fish prod- upper strake edge to the surface of the ucts, or materials directly related to water. fishing or the preparation of fish to or W = Maximum wave height in feet to the from a fishing, fish processing, or fish nearest highest whole number. tender vessel or a fish processing facil- (c) Regulations—(1)(i) Bar restriction. ity. Passage across the bars located in the (8) Fishing vessel means a vessel that regulated navigation areas established commercially engages in the catching, in paragraph (a) of this section will be taking, or harvesting of fish or an ac- restricted for recreational and tivity that can reasonably be expected uninspected passenger vessels as deter- to result in the catching, taking, or mined by the Captain of the Port harvesting of fish. (COTP) or his designated representa- (9) Readily accessible means equip- tive. In making this determination, the ment that is taken out of stowage and COTP or his designated representative is available within the same space as will determine whether an unsafe con- any person for immediate use during dition exists for such vessels as defined an emergency. in paragraph (b) of this section. Addi- (10) Recreational vessel is any vessel tionally, the COTP or his designated manufactured or used primarily for representative will use their profes- non-commercial use or leased, rented, sional maritime experience and knowl- or chartered to another for the latter’s edge of local environmental conditions non-commercial use. It does not in- in making their determination. Fac- clude a vessel engaged in carrying pay- tors that will be considered include, ing passengers. but are not limited to: size and type of

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vessel, sea state, winds, wave period, located in any enclosed areas of their and tidal currents. When a bar is re- vessel: stricted, the operation of recreational (A) When crossing the bar and a bar and uninspected passenger vessels in restriction exists for recreational ves- the regulated navigation area estab- sels of the same length or lished in paragraph (a) of this section (B) Whenever their vessel is being in which the restricted bar is located is towed or escorted across the bar by the prohibited unless specifically author- Coast Guard. ized by the COTP or his designated rep- (ii) The master or operator of any resentative. uninspected passenger vessel operating (ii) Bar closure. The bars located in in a regulated navigation area estab- the regulated navigation areas established in paragraph (a) of this section lished in paragraph (a) of this section during the conditions described in will be closed to all vessels whenever paragraph (c)(3)(i)(A) of this section environmental conditions exceed the shall contact the Coast Guard on VHF– operational limitations of the relevant FM Channel 16 or 22A prior to crossing Coast Guard search and rescue re- the bar between sunset and sunrise. sources as determined by the COTP. The master or operator shall report the When a bar is closed, the operation of following: any vessel in the regulated navigation (A) Vessel name, area established in paragraph (a) of (B) Vessel location or position, this section in which the closed bar is located is prohibited unless specifically (C) Number of persons onboard the authorized by the COTP or his des- vessel, and ignated representative. For bars having (D) Vessel destination. deep draft vessel access, the COTP will (4) Safety requirements for Small Pas- consult with the local pilots associa- senger Vessels (SPV). (i) The master or tion, when practicable, prior to closing operator of any small passenger vessel the affected bar. operating in a regulated navigation (iii) The Coast Guard will notify the area established in paragraph (a) of public of bar restrictions and bar clo- this section shall ensure that all per- sures via a Broadcast Notice to Mari- sons located in any unenclosed areas of ners on VHF–FM Channel 16 and 22A. their vessel are wearing lifejackets and Additionally, Coast Guard personnel that lifejackets are readily accessible may be on-scene to advise the public of for/to all persons located in any en- any bar restrictions and/or closures. closed areas of their vessel: (2) Safety requirements for recreational (A) When crossing the bar and a bar vessels. The operator of any rec- restriction exists for recreational ves- reational vessel operating in a regu- sels or uninspected passenger vessels of lated navigation area established in the same length or paragraph (a) of this section shall en- (B) Whenever their vessel is being sure that whenever their vessel is being towed or escorted across the bar by the towed or escorted across a bar by the Coast Guard. Coast Guard all persons located in any (ii) Small passenger vessels with bar unenclosed areas of their vessel are crossing plans that have been reviewed wearing lifejackets and that lifejackets by and accepted by the Officer in are readily accessible for/to all persons Charge, Marine Inspection (OCMI) are located in any enclosed areas of their exempt from the safety requirements vessel. provided in paragraph (c)(4)(i) of this (3) Safety requirements for Uninspected section during the conditions described Passenger Vessels (UPV). (i) The master in paragraph (c)(4)(i)(A) of this section or operator of any uninspected pas- so long as when crossing the bar the senger vessel operating in a regulated master or operator ensures that all navigation area established in para- persons on their vessel wear lifejackets graph (a) of this section shall ensure in accordance with their bar crossing that all persons located in any plan. If the vessel’s bar crossing plan unenclosed areas of their vessel are does not specify the conditions when wearing lifejackets and that lifejackets the persons on their vessel must wear are readily accessible for/to all persons lifejackets, however, then the master

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or operator must comply with the safe- petty officers of the United States ty requirements provided in paragraph Coast Guard. (c)(4)(i) of this section in their en- [USCG–2008–1017, 74 FR 59101, Nov. 17, 2009, as tirety. amended at 75 FR 10688, Mar. 9, 2010; 75 FR (iii) The master or operator of any 18055, Apr. 9, 2010; 75 FR 41988, July 20, 2010] small passenger vessel operating in a regulated navigation area established § 165.1326 Regulated Navigation Areas; in paragraph (a) of this section during Port of Portland Terminal 4, Wil- the conditions described in paragraph lamette River, Portland, OR. (c)(4)(i)(A) of this section shall contact (a) Regulated navigation areas. Each of the Coast Guard on VHF–FM Channel the following areas is a regulated navi- 16 or 22A prior to crossing the bar be- gation area: tween sunset and sunrise. The master (1) All waters of the Willamette River or operator shall report the following: in the head of the Port of Portland’s (A) Vessel name, Terminal 4 Slip 3, encompassed by a (B) Vessel location or position, line commencing at 45°36′ 01.861″ N/ (C) Number of persons onboard the 122°46′ 20.995″ W thence to 45°36′ 01.455 N/ vessel, and 122°46′ 20.887″ W thence to 45°36′ 00.993″ (D) Vessel destination. N/122°46′ 20.714″ W thence to 45°36′ (5) Safety requirements for Commercial 00.725″ N/122°46′ 20.923″ W thence to Fishing Vessels (CFV). (i) The master or 45°36′ 00.731″ N/122°46′ 21.262″ W thence operator of any commercial fishing to 45°36′ 00.712″ N/122°46′ 21.823″ W vessel operating in a regulated naviga- thence to 45°36′ 01.230″ N/122°46′ 22.048″ tion area established in paragraph (a) W thence to 45°36′ 01.651″ N/122°46′ of this section shall ensure that all per- 22.168″ W thence to 45°36′ 01.684″ N/ sons located in any unenclosed areas of 122°46′ 22.372″ W thence to 45°36′ 01.873″ their vessel are wearing lifejackets or N/122°46′ 22.303″ W thence to 45°36′ immersion suits and that lifejackets or 02.065″ N/122°46′ 21.799″ W thence to immersion suits are readily accessible 45°36′ 01.989″ N/122°46′ 21.574″ W thence for/to all persons located in any en- to 45°36′ 01.675″ N/122°46′ 21.483″ W closed spaces of their vessel: thence to 45°36′ 01.795″ N/122°46′ 21.442″ (A) When crossing the bar and a bar W thence to 45°36′ 01.861″ N 122°46′ restriction exists for recreational ves- 20.995″ W. sels or uninspected passenger vessels of (2) All waters of the Willamette River the same length or in Wheeler Bay between Slip 1 and Slip (B) Whenever their vessel is being 3 in the Port of Portland’s Terminal 4, towed or escorted across the bar by the encompassed by a line commencing at Coast Guard. 45°36′ 10.634″ N/122°46′ 39.056″ W thence (ii) The master or operator of any to 45°36′ 10.269″ N/122°46′ 37.140″ W commercial fishing vessel operating in thence to 45°36′ 10.027″ N/122°46′ 36.050″ a regulated navigation area established W thence to 45°36′ 09.722″ N/122°46′ in paragraph (a) of this section during 34.181″ W thence to 45°36′ 09.425″ N/ the conditions described in paragraph 122°46′ 33.118″ W thence to 45°36′ 08.960″ (c)(5)(i)(A) of this section shall contact N/122°46′ 32.150″ W thence to 45°36′ the Coast Guard on VHF–FM Channel 08.653″ N/122°46′ 31.681″ W thence to 16 or 22A prior to crossing the bar be- 45°36′ 08.191″ N/122°46′ 31.341″ W thence tween sunset and sunrise. The master to 45°36′ 07.886″ N/122°46′ 31.269″ W or operator shall report the following: thence to 45°36′ 07.517″ N/122°46′ 31.038″ (A) Vessel name, W thence to 45°36′ 07.235″ N/122°46′ (B) Vessel location or position, 31.066″ W thence to 45°36′ 07.040″ N/ (C) Number of persons onboard the 122°46′ 30.941″ W thence to 45°36′ 06.697″ vessel, and N/122°46′ 30.987″ W thence to 45°36′ (D) Vessel destination. 06.509″ N/122°46′ 31.251″ W thence to (6) All persons and vessels within the 45°36′ 06.201″ N/122°46′ 31.517″ W thence regulated navigation areas established to 45°36′ 06.081″ N/122°46′ 1.812″ W thence in paragraph (a) of this section must to 45°36′ 06.550″ N/122°46′ 32.124″ W comply with the orders of Coast Guard thence to 45°36′ 06.970″ N/122°46′ 31.895″ personnel. Coast Guard personnel in- W thence to 45°36′ 07.172″ N/122°46′ clude commissioned, warrant, and 31.868″ W thence to 45°36′ 07.883″ N/

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122°46′ 32.316″ W thence to 45°36′ 08.370″ waters of the Hood Canal in the State N/122°46′ 32.927″ W thence to 45°36′ of Washington whenever any U.S. Navy 08.775″ N/122°46′ 33.888″ W thence to submarine is operating in the Hood 45°36′ 09.121″ N/122°46′ 35.337″ W thence Canal and is being escorted by the to 45°36′ 09.230″ N/122°46′ 36.166″ W Coast Guard. For purposes of this sec- thence to 45°36′ 09.442″ N/122°46′ 37.759″ tion, ‘‘Hood Canal’’ means all waters of W thence to 45°36′ 09.865″ N/122°46′ Hood Canal, including Dabob Bay, lo- 39.511″ W thence to 45°36′ 10.421″ N/ cated between two lines with the first 122°46′ 39.469″ W thence to 45°36′ 10.634″ line connecting positions 47°37.9′ N, N/122°46′ 39.056″ W. 122°57.1′ W and 47°37.9′ N, 122°52.9′ W and (b) Regulations. All vessels are prohib- the second line connecting positions ited from anchoring, dragging, dredg- 48°00.7′ N, 122°41.0′ W and 47°56.4′ N, ing, or trawling in the regulated navi- 122°36.9′ W gation areas established in paragraph (b) Regulations. All persons and ves- (a) of this section. sels located within the RNA created by [USCG–2009–0370, 75 FR 20525, Apr. 20, 2010] paragraph (a) of this section shall follow all lawful orders and/or directions § 165.1327 Security Zone; escorted U.S. given to them by Coast Guard security Navy submarines in Sector Seattle escort personnel. 33 CFR Section 165, Captain of the Port Zone. Subpart B, contains additional provi- (a) Location. The following area is a sions applicable to the RNA created in security zone: All waters within 1000 paragraph (a) of this section. yards of any U.S. Navy submarine that (c) Notification. The Coast Guard se- is operating in the Sector Puget Sound curity escort will attempt, when nec- Captain of the Port Zone, as defined in essary and practicable, to notify any 33 CFR Section 3.65–10, and is being es- persons or vessels in the RNA created corted by the Coast Guard. in paragraph (a) of this section of its (b) Regulations. In accordance with existence via VHF Channel 16 and/or the general regulations in 33 CFR Sec- any other means reasonably available. tion 165, Subpart D, no person or vessel may enter or remain in the security [USCG–2009–1058, 75 FR 27640, May 18, 2010] zone created by paragraph (a) of this section unless authorized by the Coast § 165.1329 Regulated Navigation Area; Guard patrol commander. The Coast Thea Foss and Wheeler-Osgood Wa- Guard patrol commander will coordi- terways EPA Superfund Cleanup Site, Commencement Bay, Tacoma, nate with Vessel Traffic System users WA. on a case-by-case basis to make appropriate passing arrangements under the (a) Regulated areas. The following circumstances. 33 CFR Section 165, areas are regulated navigation areas: Subpart D, contains additional provi- (1) All waters of the Thea Foss Wa- sions applicable to the security zone terway bounded by a line connecting created in paragraph (a) of this section. the following points: Point 1: (c) Notification. The Coast Guard se- 47°15′43.49″ N, 122°26′23.29″ W; Point 2: curity escort will attempt, when nec- 47°15′44.59″ N, 122°26′19.89″ W; Point 3: essary and practicable, to notify any 47°15′39.01″ N, 122°26′15.99″ W; Point 4: persons or vessels inside or in the vi- 47°15′37.91″ N, 122°26′19.39″ W. [Datum: cinity of the security zone created in NAD 1983]. paragraph (a) of this section of its ex- (2) All waters of the Thea Foss Wa- istence via VHF Channel 16 and/or any terway bounded by a line connecting other means reasonably available. the following points: Point 1: 47°15′22.74″ N, 122°25′57.15″ W; Point 2: [USCG–2009–1057, 75 FR 28204, May 20, 2010, as ° ′ ″ ° ′ ″ amended by USCG–2010–0351, 75 FR 47212, 47 15 22.52 N, 122 26 0.18 W; Point 3: Aug. 5, 2010] 47°15′18.05″ N, 122°25′59.48″ W; Point 4: 47°15′18.26″ N, 122°25′56.45″ W. [Datum: § 165.1328 Regulated Navigation Area; NAD 1983]. U.S. Navy submarines, Hood Canal, (3) All waters of the Thea Foss and WA. Wheeler-Osgood Waterways south of a (a) Location. The following area is a line bounded by connecting the fol- regulated navigation area (RNA): All lowing points: Point 1: 47°15′13.94″ N,

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122°26′05.56″ W; Point 2: 47°15′15.01″ N, 165, Subpart C, no vessel operator may 122°25′55.14″ W. [Datum: NAD 1983]. enter, transit, moor, or anchor within (b) Regulations. (1) All vessels and this safety zone, except for vessels au- persons are prohibited from activities thorized by the Captain of the Port or that would disturb the seabed, such as Designated Representative, thirty min- anchoring, dragging, trawling, spud- utes prior to the beginning, during and ding, or other activities that involve thirty minutes following the conclu- disrupting the integrity of the sedi- sion of the Parade of Ships. For the ment caps installed in the designated purpose of this rule, the Parade of regulated navigation area, pursuant to Ships includes both the pass and review the remediation efforts of the U.S. En- of the ships near Pier 66 and the aerial vironmental Protection Agency (EPA) demonstrations immediately following and others in the Thea Foss and Wheel- the pass and review. The Captain of the er-Osgood Waterways EPA superfund Port may be assisted by other federal, cleanup site. Vessels may otherwise state, or local agencies as needed. transit or navigate within this area (c) Authorization. In order to transit without reservation. through this safety zone, authorization (2) The prohibition described in para- must be granted by the Captain of the graph (b)(1) of this section does not Port, Puget Sound, or their Designated apply to vessels or persons engaged in Representative. All vessel operators de- activities associated with remediation siring entry into this safety zone shall efforts in the Thea Foss or Wheeler- gain authorization by contacting ei- Osgood Waterways superfund sites, pro- ther the on-scene U.S. Coast Guard pa- vided that the Captain of the Port, trol craft on VHF Ch 13 or Ch 16, or Puget Sound (COTP), is given advance Coast Guard Sector Puget Sound Joint notice of those activities by the EPA. Harbor Operations Center (JHOC) via (c) Waiver. Upon written request stat- telephone at (206) 217–6002. Requests ing the need and proposed conditions of shall indicate the reason why move- the waiver, and any proposed pre- ment within the safety zone is nec- cautionary measures, the COTP may essary and the vessel’s arrival and/or authorize a waiver from this section if departure facility name, pier and/or the COTP determines that the activity berth. Vessel operators granted permis- for which the waiver is sought can take sion to enter this safety zone will be place without undue risk to the reme- escorted by the on-scene patrol until diation efforts described in paragraph no longer within the safety zone. (b)(1) of this section. The COTP will consult with EPA in making this deter- (d) Enforcement period. This rule is en- mination when necessary and prac- forced annually during the parade of ticable. ships which typically occurs on a Wednesday during the last week of [USCG–2008–0747, 75 FR 76281, Dec. 8, 2010] July or the first week in August from 8 a.m. until 8 p.m. unless cancelled § 165.1330 Safety Zone; Fleet Week sooner by the Captain of the Port. Maritime Festival, Pier 66, Elliott Bay, Seattle, Washington. [USCG–2010–0062, 76 FR 30018, May 24, 2011] (a) Location. The following area is a safety zone: All waters extending 100 § 165.1332 Safety Zones; annual fire- yards from Pier 66, Elliott Bay, WA work displays within the Captain of within a box encompassed by the the Port, Puget Sound Area of Re- sponsibility. points, 47°36.719′ N, 122°21.099′ W; 47°36.682′ N, 122°21.149′ W; 47°36.514′ N, (a) Safety Zones. The following areas 122°20.865′ W; and 47°36.552′ N, 122°20.814′ are designated safety zones: W. (1) All waters of Puget Sound, Wash- (b) Regulations. In accordance with ington, extending to a 450 yard radius the general regulations in 33 CFR Part from the following launch sites:

CAPTAIN OF THE PORT PUGET SOUND AOR ANNUAL FIREWORK DISPLAYS

Event name (typically) Event location Latitude Longitude

Steilacoom Annual Fireworks ...... Steilacoom ...... 47°10.4′ N 122°36.2′ W

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CAPTAIN OF THE PORT PUGET SOUND AOR ANNUAL FIREWORK DISPLAYS—Continued

Event name (typically) Event location Latitude Longitude

Tacoma Freedom Fair ...... Commencement Bay ...... 47°17.103′ N 122°28.410′ W City of Anacortes ...... Fidalgo Bay ...... 48°30.016′ N 122°36.154′ W Alderbrook Resort & Spa Fireworks ...... Hood Canal ...... 47°21.033′ N 123°04.1′ W Fireworks Display ...... Henderson Bay ...... 47°21.8′ N 122°38.367′ W Des Moines Fireworks ...... Des Moines ...... 47°24.117′ N 122°20.033′ W Three Tree Point Community Fireworks .... Three Tree Point ...... 47°27.033′ N 122°23.15′ W City of Renton Fireworks ...... Renton, Lake Washington ...... 47°30.386′ N 122°12.502′ W Port Orchard Fireworks ...... Port Orchard ...... 47°32.883′ N 122°37.917′ W Chimes and Lights ...... Port Orchard ...... 47°32.75′ N 122°38.033′ W Seattle Seafair ...... Lake Washington ...... 47°34.333′ N 122°16.017′ W Mercer Island Celebration ...... Mercer Island ...... 47°35.517′ N 122°13.233′ W Medina Days ...... Medina Park ...... 47°36.867′ N 122°14.5′ W Bainbridge Island Fireworks ...... Eagle Harbor ...... 47°37.142′ N 122°30.397′ W Whaling Days ...... Dyes Inlet ...... 47°38.65′ N 122°41.35′ W Yarrow Point Community ...... Yarrow Point ...... 47°38.727′ N 122°13.466′ W City of Kenmore Fireworks ...... Lake Forest Park ...... 47°45.25′ N 122°15.75′ W Kirkland Concours D’Elegence ...... Kirkland ...... 47°39.521′ N 122°12.439′ W Kirkland Fireworks ...... Kirkland ...... 47°40.583′ N 122°12.84′ W Liberty Bay Fireworks ...... Liberty Bay ...... 47°43.917′ N 122°39.133′ W Sheridan Beach Community ...... Lake Forest Park ...... 47°44.783′ N 122°16.917′ W Langlie’s Old Fashioned Independence Indianola ...... 47°44.817′ N 122°31.533′ W Celebration. Lake Forest Park Fireworks ...... Lake Forest Park ...... 47°45.117′ N 122°16.367′ W Vashon Island Fireworks ...... Quartermaster Harbor ...... 47°24.0′ N 122°27.0′ W Kingston Fireworks ...... Appletree Cove ...... 47°47.65′ N 122°29.917′ W Mukilteo Lighthouse Festival ...... Possession Sound ...... 47°56.9′ N 122°18.6′ W Brewster Fire Department Fireworks ...... Brewster ...... 48°05.362′ N 119°47.147′ W Port Angeles ...... Port Angeles Harbor ...... 48°07.033′ N 123°24.967′ W Port Townsend Sunrise Rotary ...... Port Townsend ...... 48°08.413′ N 122°45.531′ W Friday Harbor Independence ...... Friday Harbor ...... 48°32.255′ N 123°0.654′ W Roche Harbor Fireworks ...... Roche Harbor ...... 48°36.7′ N 123°09.5′ W Deer Harbor Annual Fireworks Display ..... Deer Harbor ...... 48°37.0′ N 123°00.25′ W. Orcas Island ...... Orcas Island ...... 48°41.317′ N 122°54.467′ W Blast Over Bellingham ...... Bellingham Bay ...... 48°44.933′ N 122°29.667′ W True Colors Event ...... Blaine ...... 48°59.488′ N 122°46.339′ W John Eddy Wedding ...... Magnolia Bluff ...... 49°38.988′ N 122°25.356′ W City of Mount Vernon Fireworks ...... Edgewater Park ...... 48°25.178′ N 122°20.424′ W Chase Family Fourth at Lake Union ...... Lake Union ...... 47°38.418′ N 122°20.111′ W Port Ludlow Fireworks ...... Port Ludlow ...... 47°55.161′ N 122°41.157′ W Boston Harbor 4th of July ...... Boston Harbor ...... 47°08.626′ N 122°54.149′ W Everett 4th of July ...... Port Gardner ...... 48°00.672′ N 122°13.391′ W

(2) [Reserved] ‘‘DANGER’’ respectively on a white (b) Special requirements. Firework background. An on-scene patrol vessel barges or launch sites on land used in will enforce these safety zones 30 min- locations stated in this rule shall dis- utes prior to the start and 30 minutes play a sign. The sign will be affixed to after the conclusion of the fireworks the port and starboard side of the barge display. or mounted on a post 3 feet above (c) Notice of enforcement. These safety ground level when on land and in close zones will be activated and thus sub- proximity to the shoreline facing the ject to enforcement, under the fol- water labeled ‘‘FIREWORKS–DAN- lowing conditions: the Coast Guard GER–STAY AWAY.’’ This will provide must receive and approve a marine on-scene notice that the safety zone is, event permit for each firework display or will, be enforced on that day. This and then the Captain of the Port will notice will consist of a diamond shaped cause notice of the enforcement of sign, 4 foot by 4 foot, with a 3 inch or- these safety zones to be made by all ap- ange retro-reflective border. The word propriate means to provide notice to ‘‘DANGER’ shall be 10 inch black block the affected segments of the public as letters centered on the sign with the practicable, in accordance with 33 CFR words ‘‘FIREWORKS’’ and ‘‘STAY 165.7(a). The Captain of the Port will AWAY’’ in 6 inch black block letters issue a Broadcast Notice to Mariners placed above and below the word and Local Notice to Mariners notifying

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the public of activation and suspension § 165.1333 Security Zones, Seattle’s of enforcement of these safety zones. Seafair Fleet Week moving vessels, Additionally, an on-scene Patrol Com- Puget Sound, WA. mander will ensure enforcement of this (a) Location. The following areas are safety zone by limiting the transit of security zones: all navigable waters non-participating vessels in the des- within 500 yards of each designated ignated areas described above. participating vessel while each such (d) Regulations. In accordance with vessel is in the Sector Puget Sound the general regulations in 33 CFR part Captain of the Port (COTP) zone, as de- 165, subpart C, no vessel operator may fined in 33 CFR 3.65–10, during a time enter, transit, moor, or anchor within specified in paragraph (e) of this sec- this safety zone, except for vessels au- tion. The Coast Guard will publish a thorized by the Captain of the Port or notice in the FEDERAL REGISTER each Designated Representative. year at least 03 days before the start of (e) Authorization. All vessel operators the Seattle Seafair Fleet Week to iden- who desire to enter the safety zone tify the designated participating ves- must obtain permission from the Cap- sels for that year. The Coast Guard will tain of the Port or Designated Rep- also provide this information in the resentative by contacting either the Local Notice to Mariners. on-scene patrol craft on VHF Ch 13 or (b) Definitions. For purposes of this Ch 16 or the Coast Guard Sector Se- section— attle Joint Harbor Operations Center Designated participating vessel means a (JHOC) via telephone at (206) 217–6002. military vessel participating in the Se- attle Seafair Fleet Week that has been (f) Enforcement period. This rule will designated by the Sector Puget Sound be enforced from 5 p.m. until 1 a.m. COTP in accordance with this section. each day a barge with a ‘‘FIRE- Designated representative means any WORKS–DANGER–STAY AWAY’’ sign Coast Guard commissioned, warrant, or is located within any of the above des- petty officer who has been designated ignated safety zone locations and by the COTP to implement or enforce meets the criteria established in sec- this section. tion (b), within the following time- Seattle Seafair Fleet Week means an frames: annual event involving a parade of U.S. (1) The last two weeks of December Navy, U.S. Coast Guard, and foreign until the conclusion of the first week- military ships in Seattle’s Elliott Bay end of January. waterfront and tours of those ships (2) The last weekend of June until while docked at Port of Seattle facili- the conclusion of the third week of ties. July. (c) Regulations. Under 33 CFR Part (3) The second weekend of August 165, Subpart D, no person or vessel may until the conclusion of the fourth week enter or remain in the security zones of August. described in paragraph (a) of this sec- (4) The first weekend of September tion without the permission of the until the conclusion of the third week COTP or a designated representative. of September. The COTP has granted general permis- (5) The first weekend of December. sion for vessels to enter the outer 400 yards of the security zones as long as (g) Contact information. Questions those vessels within the outer 400 yards about safety zones and related events of the security zones operate at the should be addressed to COMMANDER minimum speed necessary to maintain (spw), U.S. COAST GUARD SECTOR, course unless required to maintain Attention: Waterways Management Di- speed by the navigation rules. The vision, 1519 Alaskan Way South, Se- COTP may be assisted by other federal, attle, WA 98134–1192. state or local agencies with the en- [USCG–2010–0063, 75 FR 33700, June 15, 2010, as forcement of the security zones. amended by USCG–2011–0842, 76 FR 61265, Oct. (d) Authorization. All vessel operators 4, 2011; USCG–2013–0220, 78 FR 29025, May 17, who desire to enter the inner 100 yards 2013] of the security zones or transit the

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outer 400 yards at greater than min- mined by the Captain of the Port imum speed necessary to maintain (COTP) Columbia River, while such a course must obtain permission from vessel is located in the Sector Colum- the COTP or a Designated Representa- bia River COTP Zone as defined in 33 tive by contacting the on-scene Coast CFR 3.65–15 and the COTP Columbia Guard patrol craft on VHF 13 or Ch 16. River determines that a security zone Requests must include the reason why is necessary and enforcement of the se- movement within this area is nec- curity zone is practicable. essary. Vessel operators granted per- (b) Regulations. (1) In accordance with mission to enter the security zones will the general regulations in 33 CFR part be escorted by the on-scene Coast 165, Subpart D, no person or vessel may Guard patrol craft until they are out- enter or remain in a security zone cre- side of the security zones. ated by this section without the per- (e) Annual enforcement period. The se- mission of the COTP Columbia River or curity zones described in paragraph (a) his/her designated representative. Des- of this section will be enforced during ignated representatives are Coast Seattle Seafair Fleet Week each year Guard personnel authorized by the for a period of up to one week. The Se- COTP Columbia River to grant persons attle Seafair Fleet Week will occur or vessels permission to enter or re- sometime between July 25 and August main in a security zone created by this 14. The annual FEDERAL REGISTER no- section. Subpart D of 33 CFR part 165 tice identifying the designated partici- contains additional provisions applica- pating vessels will also identify the ble to a security zone created by this specific dates of the event for that section. year. (2) To request permission to enter a [USCG–2011–1126, 77 FR 40524, July 10, 2012] security zone created by this section, contact Coast Guard Sector Columbia § 165.1334 Security Zone; U.S. Coast River at telephone number 503–861–6212 Guard BSU Seattle, Pier 36, Elliot or via VHF channel 16 (156.8 MHz) or Bay, Seattle, WA. VHF channel 22 (157.1 MHz). (a) Location. The following area is a (c) Notification. When a security zone security zone: All waters in Elliot Bay is created by this section, one or more east of a line from 47°35′26.67″ N Coast Guard vessels will be present to 122°20′34.84″ W to 47°35′23.69″ N enforce the security zone and the COTP 122°20′34.77″ W at Pier 36, Elliot Bay, Columbia River will issue a local Seattle, WA. broadcast notice to mariners. (b) Regulations: Under 33 CFR part [USCG–2009–1134, 76 FR 28317, May 17, 2011] 165, subpart D, no vessel may enter, transit, moor, or anchor within this se- § 165.1336 Regulated Navigation Area; curity zone located at Pier 36, Elliot Pacific Sound Resources and Bay, WA, except for vessels authorized LockheedShipyard Superfund Sites, by the Captain of the Port Puget Elliott Bay, Seattle, WA. Sound or Designated Representative. (a) Regulated areas. The following (c) Authorization: To request author- areas are regulated navigation areas: ization to operate within this security (1) All waters inside an area begin- zone, contact United States Coast ning at a point on the shore at 47°35′ Guard Sector Puget Sound Joint Har- 02.7″ N 122°22′23.00″ W; thence north to bor Operations Center at 206–217–6001. 47°35′26.00″ N 122°22′23.00″ W; thence east ° ′ ″ ° ′ ″ [USCG–2010–0021, 75 FR 53196, Aug. 31, 2010, as to 47 35 26.00 N 122 21 52.50 W; thence amended at 75 FR 67032, Nov. 1, 2010] south to 47°35′10.80″ N 122°21′52.50″ W; thence southwest to a point on the § 165.1335 Security Zone; Vessels Car- shoreline at 47°35′05.9″ N 122°21′58.00″ W. rying Hazardous Cargo, Sector Co- [Datum: NAD 1983]. lumbia River Captain of the Port (2) All waters inside an area begin- Zone. ning at 47°34′ 52.16″ N 122°21′27.11″ W; (a) Location. The following area is a thence to 47°34′ 53.46″ N 122°21′30.42″ W; security zone: All waters within 500 thence to 47°34′ 37.92″ N 122°21′30.51″ W; yards, in all directions, of any vessel thence to 47°34′ 37.92″ N 122°21′27.65″ W. carrying hazardous cargo, as deter- [Datum: NAD 1983].

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(b) Regulations. (1) All vessels and 122°40′0.46″ W; thence continuing to persons are prohibited from activities 45°30′3.44″ N/122°40′0.78″ W; thence con- that would disturb the seabed, such as tinuing to 45°30’ 4.87″ N/122°40’ 0.95″ W; anchoring, dragging, trawling, spud- thence continuing to 45°30′7.33″ N/ ding, or other activities that involve 122°40′1.80″ W; thence continuing to disrupting the integrity of the sedi- 45°30′8.11″ N/122°40′2.69″ W; thence con- ment caps installed in the designated tinuing to 45°30′8.83″ N/122°40′3.81″ W; regulated navigation area, pursuant to thence continuing to 45°30′13.06″ N/ the remediation efforts of the U.S. En- 122°40′5.39″ W; thence continuing to vironmental Protection Agency (EPA) 45°30′15.30″ N/122°40′6.93″ W; thence con- and others in the Pacific Sound Re- tinuing to 45°30′17.78″ N/122°40′8.16″ W; sources and Lockheed Shipyard EPA thence continuing to 45°30′20.53″ N/ superfund sites. Vessels may otherwise 122°40′9.07″ W; thence continuing to transit or navigate within this area 45°30′20.90″ N/122°40′11.52″ W; thence con- without reservation. tinuing to 45°30′24.04″ N/122°40′12.53″ W; (2) The prohibition described in para- thence continuing to 45°30′23.79″ N/ graph (b)(1) of this section does not 122°40′14.87″ W; thence continuing along apply to vessels or persons engaged in the shoreline to 45°29′55.12″ N/122°40′2.19″ activities associated with remediation W. Geographically the regulated navi- efforts in the superfund sites, provided gation area covers all waters adjacent that the Captain of the Port, Puget to the Zidell Waterfront Property on Sound (COTP), is given advance notice the Willamette River extending from of those activities by the EPA. the west bank of the river out 200 to 400 (3) Nothing in this section is intended feet into the river depending on the to conflict with treaty fishing rights of exact location between approximate the Muckleshoot and Suquamish river mile 14.2 near the Ross Island tribes, and they are not restricted from Bridge and approximate river mile 13.5 any type of fishing in the described near the Marquam Bridge. area. (c) Waivers. Upon written request (b) Regulations. All vessels are prohib- stating the need and proposed condi- ited from anchoring, dragging, dredg- tions of the waiver, and any proposed ing, or trawling in the regulated navi- precautionary measures, the COTP gation area established by this section. may authorize a waiver from this sec- See 33 CFR part 165, subpart B, for ad- tion if the COTP determines that the ditional information and requirements. activity for which the waiver is sought [USCG–2011–0254, 77 FR 19546, Apr. 2, 2012] can take place without undue risk to the remediation efforts described in § 165.1338 Regulated Navigation Area; paragraph (b)(1) of this section. The Slip 4 Early Action Area Superfund COTP will consult with EPA in making Site, Lower Duwamish Waterway, this determination when necessary and Seattle, WA. practicable. (a) Regulated Areas. The following [USCG–2010–1145, 77 FR 21435, Apr. 10, 2012] areas are regulated navigation areas: All waters within the northern portion § 165.1337 Regulated Navigation Area, of Slip 4 bounded by the shoreline and Zidell Waterfront Property, Willam- the southern boundary of the Early Ac- ette River, OR. tion Area defined as the line beginning (a) Regulated navigation area. The fol- at a point on the shore at 47°32′08.47″ N, lowing area is a regulated navigation 122°19′12.00″ W; thence southeast to a area: All waters within the area bound- point on the shoreline at 47°32′07.02″ N, ed by the following points: 45°29′55.12″ 122°19′09.23″ W (Datum: NAD 1983/91). N/122°40′2.19″ W; thence continuing to (b) Regulations. (1) All vessels and 45°29′55.14″ N/122°39′59.36″ W; thence con- persons are prohibited from grounding, tinuing to 45°29′56.30″ N/122°39 59.09″ W; anchoring, dragging, trawling, spud- thence continuing to 45°29′57.51″ N/ ding, or otherwise contacting the riv- 122°39′59.64″ W; thence continuing to erbed within the designated regulated 45°29′58.72″ N/122°39′59.64″ W; thence con- navigation area. Vessels may otherwise tinuing to 45°30′0.52″ N/122°39′59.94″ W; transit or navigate within this area in thence continuing to 45°30′1.95″ N/ accordance with the Navigation Rules.

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(2) The prohibition described in para- (c) Definition. Training exercises are graph (b)(1) of this section does not defined as full scale exercises that are apply to vessels or persons engaged in significant in nature and involve mul- activities associated with remediation tiple units and vessels. This safety zone efforts in the superfund sites, provided will not be utilized by operations and that the Captain of the Port, Puget training which is conducted daily or is Sound (COTP), is given advance notice routine in nature. of those activities by the Environ- (d) Enforcement period. The safety mental Protection Agency. zone described in paragraph (a) of this (3) The prohibition described in para- section would be enforced by the Cap- graph (b)(1) of this section does not tain of the Port only upon notice. No- apply to vessels or person engaged in fishing activities pursuant to fishing tice of enforcement by the Captain of rights held by treaty with the United the Port will be provided 45 days prior States. to execution of the exercise by all ap- (c) Waivers. Upon written request propriate means, in accordance with 33 stating the need and proposed condi- CFR 165.7(a). Such means will include tions of the waiver, and any proposed publication in the FEDERAL REGISTER, precautionary measures, the COTP and may also include Broadcast Notice may authorize a waiver from this sec- to Mariners, Local Notice to Mariners, tion if the COTP determines that the or both. activity for which the waiver is sought [USCG–2012–0900, 78 FR 8029, Feb. 7, 2013] can take place without undue risk to the remediation efforts described in § 165.1341 Safety Zone; Portland Drag- paragraph (b)(1) of this section. The on Boat Races, Portland, OR. COTP will consult with EPA in making this determination when necessary and (a) Safety Zones. The following area is practicable. a designated safety zone: (1) Location. This safety zone is en- [USCG–2013–0293, 79 FR 62829, Oct. 21, 2014] closed by four lines along the western § 165.1339 Safety Zone; Coast Guard side of the Willamette River extending Exercise Area, Hood Canal, Wash- from Tom McCall Waterfront Park be- ington. tween the Hawthorne and Marquam (a) Location. The following area is a Bridges, Portland, OR: line one start- safety zone: All waters encompassed ing at 45–30′49″ N/122–40′24″ W then head- within 500 yards of any vessel that is ing east to 45–30′49″ N/122–40′22″ W then involved in a Coast Guard training ex- heading south to 45–30′29″ N/122–40′08″ W ercise while such vessel is transiting then heading west to 45–30′26″ N/122– Hood Canal, WA between Foul Weather 40′14″ W then heading north ending at Bluff and the entrance to Dabob Bay. 45–30′49″N/122–40′24″ W. Vessels involved will be various sizes (2) Enforcement period. This safety and can be identified as those flying zone will be enforced from 8:00 a.m. to the Coast Guard Ensign. 6:00 p.m. on the first or second Satur- (b) Regulations. In accordance with day and Sunday of September. the general regulations in 33 CFR Part (b) Regulations. In accordance with 165, Subpart C, no person may enter or the general regulations in 33 CFR Part remain in the safety zone created in 165, subpart C, no person may enter or this rule unless authorized by the Cap- remain in the safety zone created in tain of the Port or a Designated Rep- this section or bring, cause to be resentative. See 33 CFR Part 165, Sub- brought, or allow to remain in the safe- part C, for additional information and ty zone created in this section any ve- requirements. Vessel operators wishing hicle, vessel, or object unless author- to enter the zone during the enforce- ized by the Captain of the Port or his ment period must request permission designated representative. The Captain for entry by contacting the on-scene of the Port may be assisted by other patrol commander on VHF channel 13 Federal, State, or local agencies with or 16, or the Sector Puget Sound Joint the enforcement of the safety zone. Harbor Operations Center at (206) 217– 6001. [USCG–2014–0492, 79 FR 62832, Oct. 21, 2014]

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§ 165.1342 Annual Roy Webster Cross- FOURTEENTH COAST GUARD DISTRICT Channel Swim, Columbia River, Hood River, OR. § 165.T14–0172 Safety Zone; Pacific (a) Regulated area. The following reg- Ocean, Kilauea Lava Flow Ocean Entry on Southeast Side of Island of ulated area is a safety zone. The safety Hawaii, HI. zone will encompass all waters of the Columbia River between River Mile 169 (a) Location. The safety zone area is and River Mile 170. located within the COTP Zone (See 33 (b) Definitions. As used in this sec- CFR 3.70–10) and encompasses one pri- tion— mary area from the surface of the Designated representative means Coast water to the ocean floor at the Kilauea Guard Patrol Commanders, including active lava flow entry into the Pacific Coast Guard coxswains, petty officers, Ocean on the southeast side of the Is- and other officers operating Coast land of Hawaii, HI. The entry point of Guard vessels, and Federal, state, and the lava does change based on flow, local officers designated by or assisting however the safety zone will encompass the Captain of the Port Sector Colum- all waters extending 300 meters (984 bia River in the enforcement of the feet) in all directions around the entry regulated area. point of lava flow into the ocean asso- Non-participant person means a person ciated with the lava flow at the not registered as a swimmer in the Roy Kamokuna lava delta. Webster Cross-Channel Swim held on (b) Effective period. This rule is effec- the Columbia River in the vicinity of tive from 8 a.m. (HST) on March 07, Hood River, OR, each Labor Day. 2017, through 8 a.m. (HST) on Sep- (c) Regulations. In accordance with tember 22, 2017. the general regulations in 33 CFR part (c) Regulations. The general regula- 165, subpart C, non-participant persons tions governing safety zones contained and vessels are prohibited from enter- in § 165.23 apply to the safety zone cre- ing, transiting through, anchoring in, ated by this temporary final rule. or remaining within the regulated area unless authorized by Captain of the (1) All persons and vessels are re- Port, Sector Columbia River or a des- quired to comply with the general reg- ignated representative. ulations governing safety zones found (1) Non-participant persons and ves- in this part. sels may request authorization to (2) Entry into or remaining in this enter, transit through, anchor in, or re- safety zone is prohibited unless author- main within the regulated area by con- ized by the COTP Honolulu or his des- tacting the Captain of the Port Sector, ignated representative. Columbia River or a designated rep- (3) Persons or vessels desiring to resentative via VHF radio on channel transit the safety zone identified in 16. If authorization is granted by the paragraph (a) of this section may con- Captain of the Port, Sector Columbia tact the COTP of Honolulu through his River or a designated representative, designated representatives at the Com- all persons and vessels receiving such mand Center via telephone: (808) 842– authorization must comply with the 2600 and (808) 842–2601; fax: (808) 842– instructions of the Captain of the Port 2642; or on VHF channel 16 (156.8 Mhz) Sector, Columbia River or a designated to request permission to transit the representative. safety zone. If permission is granted, (2) The Coast Guard will provide no- all persons and vessels must comply tice of the safety zone by Local Notice with the instructions of the COTP Hon- to Mariners, Broadcast Notice to Mari- olulu or his designated representative ners and on-scene designated represent- and proceed at the minimum speed nec- atives. essary to maintain a safe course while (d) Enforcement period. This safety in the safety zone. zone will be enforced on Labor Day of (4) The U.S. Coast Guard may be as- each year, between the hours of 6 a.m. sisted in the patrol and enforcement of and Noon. the safety zone by Federal, State, and [USCG–2016–0370, 81 FR 51802, Aug. 5, 2016] local agencies.

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(d) Notice of enforcement. The COTP (10) The activation of these safety Honolulu will provide notice of en- zones may include any combination of forcement of the safety zone described these harbors, or all of these harbors, in this section by verbal radio broad- dependent upon details in the tsunami casts and written notice to mariners. warning. These safety zones extend (e) Definitions. As used in this sec- from the surface of the water to the tion, ‘‘designated representative’’ ocean floor. means any Coast Guard commissioned, (b) Regulations. When the safety zones warrant, or petty officer who has been are activated and, therefore, subject to authorized by the COTP to assist in en- enforcement, no person or vessel may forcing the safety zone described in enter or remain in the safety zone ex- paragraph (a) of this section. cept for support vessels, support per- EFFECTIVE DATE NOTE: By USCG–2017–0172, sonnel, and other vessels authorized by 82 FR 16111, Apr. 3, 2017, § 165.T14–0172, was the Captain of the Port, Sector Hono- added, effective Apr. 3, 2017, to Sept. 28, 2017. lulu (COTP), or a designated represent- § 165.14–1414 Safety Zones; Hawaiian ative of the COTP. All commercial ves- Islands Commercial Harbors; HI. sels must evacuate the harbor and (a) Location. The following commer- transit seaward beyond the 50 fathom cial harbors are safety zones: (300 foot) curve. These commercial har- (1) All waters of Nawiliwili Harbor, bors will remain closed to all Kauai inland from a line drawn be- transiting vessels until the Captain of tween 21° 56′58″ N, 159° 21′28″ W and 21° the Port Honolulu lifts the evacuation 57′11″ N, 159° 21′10″ W; order. All other applicable regulations (2) All waters of Port Allen, Kauai in 33 CFR 165 remain in effect and sub- immediately adjacent to the Depart- ject to enforcement. You may contact ment of Transportation commercial the Coast Guard on VHF Channel 16 pier (located at 21° 53′59″ N, 157° 35′21″ (156.800 MHz) or at telephone number W) extending out to 100 yards from the 808–842–2600 to obtain clarification on piers faces; safety zone transits and locations. (3) All waters of Barber’s Point Har- Coast Guard patrol boats will be en- bor, Oahu inland from a line drawn be- forcing the safety zones and providing ° ′ ″ ° ′ ″ ° tween 21 19 30 N, 158 07 14 W and 21 on-scene direction. Any vessel not ca- ′ ″ ° ′ ″ 19 18 N, 158 07 18 W; pable of evacuating must contact the (4) All waters of Honolulu Harbor, Coast Guard Sector Command Center Oahu inland from a line drawn between at (808) 842–2601 to request a waiver 21° 17′56″ N, 157° 52′15″ W and 21° 17′45″ N, from evacuating the harbor. 157° 52′10″ W; (5) All waters of Kaunakakai Harbor, (c) Enforcement period. Paragraph (b) immediately adjacent to the Inter- of this section will be enforced when a island Cargo Terminal or Ferry Ter- tsunami warning has been issued for minal Pier out to 100 yards of the west the Hawaiian Islands. The COTP will face of the pier; notify the public of any enforcement (6) All waters of Kaumalapau Harbor, through the following means to ensure Lanai inland from a line drawn be- the widest publicity: Broadcast notice tween 20° 47′10″ N, 156° 59′32″ W and 21° to mariners, notices of enforcement, 47′01″ N, 156° 59′31″ W; press releases and the Coast Guard’s (7) All waters of Kahului Harbor, Homeport Web site. Following the pas- Maui inland from a line drawn between sage of the tsunami or tsunami threat 20° 54′01″ N, 156° 28′26″ W and 20° 54′02″ N, and harbor assessments as required, de- 156° 28′18″ W; activation of these safety zones will be (8) All waters of Kawaihae Harbor, conducted through radio broadcast by Hawaii immediately adjacent to com- the U.S. Coast Guard. mercial piers 1 and 2 extending out to (d) Penalties. Vessels or persons vio- 100 yards from the piers faces. lating this rule would be subject to the (9) All waters of Hilo Harbor, Hawaii penalties set forth in 33 U.S.C. 1232. immediately adjacent to commercial piers 1 and 2 extending out to 100 yards [USCG–2013–0021, 78 FR 63383, Oct. 24, 2013] from the piers faces.

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§ 165.1401 Apra Harbor, Guam—safety (2) Additionally, a 50-yard security zones. zone in all directions around Moorings (a) Location. (1) The following is des- A and B will be enforced when no ves- ignated Safety Zone A: The waters of sels are moored thereto but mooring Apra Outer Harbor encompassed within balls are anchored and on station. an arc of 1,000 yards radius centered at NOTE TO § 165.1403(a): All positions of lati- the center of Naval Wharf Kilo, located tude and longitude are from International at 13 degrees 26′44.5″ N and 144 degrees Spheroid, Astro Pier 1944 (Saipan) Datum 37′50.7″ E. (Based on World Geodetic (NOAA Chart 81071). System 1984 Datum). (b) Regulations. (1) In accordance with (2) The following is designated Safety general regulations in § 165.33 of this Zone B: The waters of Apra Outer Har- part, entry into this security zone is bor encompassed within an arc of 1,400 prohibited unless authorized by the yards radius centered at the center of Captain of the Port. Naval Wharf Kilo, located at 13 degrees [COTP Honolulu Reg. 86–08, 51 FR 42220, Nov. 26′44.5″ N and 144 degrees 37′50.7″ E. 24, 1986, as amended by USCG–2001–9286, 66 (Based on World Geodetic System 1984 FR 33642, June 25, 2001; COTP Guam 07–005, 72 Datum). FR 65460, Nov. 21, 2007] (b) Special regulations. (1) Safety Zone A, described in paragraph (a) of this § 165.1404 Apra Harbor, Guam—secu- section, will only be enforced when rity zone. Naval Wharf Kilo, or a vessel berthed (a) The following is designated as Se- at Naval Wharf Kilo, is displaying a red curity Zone C—The waters of Apra (BRAVO) flag by day or a red light by Outer Harbor, Guam surrounding Naval night, accompanied by a ‘‘SAFETY Mooring Buoy No. 702 (Located at ZONE A’’ sign. 13°27′30.1″ N and 144°38′12.9″ E. Based on (2) Safety Zone B, described in para- World Geodetic System 1984 Datum) graph (a) of this section, will only be and the Maritime Prepositioning ships enforced when Naval Wharf Kilo, or a moored thereto. The security zone will vessel berthed at Naval Wharf Kilo, is extend 100 yards in all directions displaying a red (BRAVO) flag by day around the vessel and its mooring. Ad- or a red light by night, accompanied by ditionally, a 50 yard security zone will a ‘‘SAFETY ZONE B’’ sign. remain in effect in all directions (3) Under general regulations in around buoy No. 702 when no vessel is § 165.23, entry into the zones described moored thereto. in paragraph (a) of this section is pro- (b) In accordance with the general hibited unless authorized by the Cap- regulations in § 165.33 of this part, tain of the Port, Guam. entry into Security Zone C is prohibited unless authorized by the Captain [USCG–2013–0935, 80 FR 1338, Jan. 9, 2015] of the Port, Guam. § 165.1403 Security Zones; Tinian, [COTP Guam Reg. 89–001, 55 FR 18725, May 4, Commonwealth of the Northern 1990] Mariana Islands. § 165.1405 Regulated Navigation Areas (a) Location. The following areas are and Security Zones: Designated Es- security zones: corted Vessels-Philippine Sea and (1) The waters of the Pacific Ocean Apra Harbor Guam, and Tanapag off Tinian between 14°59′04.9″ N, Harbor, Saipan, Commonwealth of 145°34′58.6″ E to 14°59′20.1″ N, 145°35′41.5″ the Northern Mariana Islands E to 14°59′09.8″ N, 145°36′02.1″ E to (CNMI). 14°57′49.3″ N, 145°36′28.7″ E to 14°57′29.1″ (a) Regulated navigation area. The fol- N, 145°35′31.1″ E and back to 14°59′04.9″ lowing areas, designated by coordi- N, 145°34′58.6″ E. This zone will be en- nates referencing World Geodetic forced when one, or more, of the Mari- Datum (1984), are regulated navigation time Preposition Ships is in the zone or areas (RNAs). moored at Mooring A located at (1) Philippine Sea, Guam—All waters 14°58′57.0″ N and 145°35′40.8″ E or Moor- from the surface to the bottom of the ing B located at 14°58′15.9″ N, 145°35′54.8″ Philippine Sea, Guam, encompassed by E. lines connecting the following points,

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beginning at 13°27′10″ N, 144°35′05″ E, ance used, or capable of being used, as thence easterly to 13°27′17″ N, 144°37′27″ a means of transportation on water, ex- E, thence south westerly to 13°26′52″ N, cept U.S. Coast Guard or U.S. naval 144°37′05″ E, thence westerly to 13°26′37″ vessels. N, 144°35′05″ E, thence due north back (d) Regulations. (1) No person or ves- to point of origin. sel may enter into the security zones (2) Apra Outer Harbor, Guam—All under this section unless authorized by waters from surface to bottom of Apra the COTP Guam or a designated rep- Outer Harbor, Guam, shoreward of the resentative. COLREGS Demarcation line as de- (2) A vessel in the RNA established scribed in 33 CFR part 80. under paragraph (a) of this section op- (3) Tanapag Harbor, Saipan—The erating within 500 yards of an escorted waters from surface to bottom of vessel must proceed at a minimum Tanapag Harbor, Saipan (CNMI), en- speed necessary to maintain a safe compassed by lines connecting the fol- course, unless required to maintain lowing points, beginning at 15°12′10″ N, speed by the navigation rules. 145°40′28″ E, thence north easterly to (3) When an escorted vessel in the 15°14′08″ N, 145°42′00″ E, thence due east RNA approaches within 100 yards of a to 15°14′08″ N, 145°44′02″ E, thence south vessel that is moored, or anchored in a easterly to 15°13′54″ N, 144°44′20″ E, designated anchorage area, the sta- thence south westerly along the shore- tionary vessel must stay moored or an- line to 15°13′11″ N, 145°43′01″ E, thence chored while it remains within the es- south westerly to 15°12′10″ N, 145°40′28″ corted vessel’s security zone unless it E. is either ordered by, or given permis- (b) Security zones. A 100-yard radius sion from the COTP Guam or a des- security zone is established around, ignated representative to do otherwise. and is centered on, each escorted vessel (4) The COTP will inform the public within the regulated navigation areas of the existence or status of the secu- in paragraph (a) of this section. A security zones around escorted vessels in rity zone is activated when an escorted the RNA periodically by Broadcast No- vessel enters an RNA and remains ac- tice to Mariners. tive until the escorted vessel leaves the (5) Persons or vessels that must enter RNA. This is a moving security zone a security zone or exceed speed limits when the escorted vessel is in transit established in this section may contact and becomes a fixed zone when the es- the COTP at command center tele- corted vessel is anchored or moored. A phone number (671) 339–6100 or on VHF security zone will not extend beyond channel 16 (156.8 Mhz) to request per- the boundary of the RNA in this sec- mission. tion. (6) All persons and vessels within 500 (c) Definitions. As used in this sec- yards of an escorted vessel in the RNA tion: must comply with the orders of the (1) Designated representative means COTP Guam or his designated rep- any Coast Guard commissioned, war- resentatives. 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 [CGD14–02–002, 68 FR 4384, Jan. 29, 2003, as COTP to be in need of escort protection amended by USCG–2013–0935, 80 FR 1338, Jan. for security reasons or under other cir- 9, 2015] cumstances. A designated representative aboard a Coast Guard cutter or pa- § 165.1406 Safety Zone: Pacific Missile trol boat will accompany vessels Range Facility (PMRF), Barking deemed in need of escort protection Sands, Island of Kauai, Hawaii. into the RNA. (a) Location. The following area is es- (3) Navigation rules mean inter- tablished as a safety zone during national and inland navigation rules in launch operations at PMRF, Kauai, Ha- 33 CFR chapter I, subchapters D and E. waii: The waters bounded by the fol- (4) Vessel means every description of lowing coordinates: (22°01.2′ N, 159°47.3′ watercraft or other artificial contriv- W), (22°01.2′ N, 159°50.7′ W), (22°06.3′ N,

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159°50.7′ W), (22°06.3′ N, 159°44.8′ W). thence southeast to Light 14, thence (Datum: OHD) southeast along the general trend of (b) Activation. The above safety zone the shoreline of Sand Island, to the will be activated during launch oper- southwest tip of Sand Island at 21°18.0′ ations at PMRF, Kauai, Hawaii. The N., 157°53.05′ W., thence southwest on a Coast Guard will provide notice that bearing of 233°T to Kalihi Channel En- the safety zone will be activated trance Lighted Buoy 1. through published and broadcast local (4) Honolulu International Airport—(i) notice to mariners prior to scheduled Honolulu International Airport, North launch dates. Section. All waters surrounding Hono- (c) Regulation. The area described in lulu International Airport from paragraph (a) of this section will be 21°18.25′ N., 157°55.58′ W., thence south closed to all vessels and persons, except to 21°18.0′ N., 157°55.58′ W., thence east those vessels and persons authorized by to the western edge of Kalihi Channel, the Commander, Fourteenth Coast thence north along the western edge of Guard District, or the Captain of the the channel to Light 13, thence north- Port (COTP) Honolulu, Hawaii, when- west at a bearing of 332.5°T to shore. ever Strategic Target System (STARS) (ii) Honolulu International Airport, vehicles are to be launched by the South Section. All waters near Honolulu United States Government from the International Airport from 21°18.0′ N/ PMRF, Barking Sands, Kauai, Hawaii. 157°55.58′ W, thence south to 21°16.5′ N/ (d) The general regulations governing 157°55.58′ W, thence east to 21°16.5′ N/ safety zones contained in 33 CFR 165.23 157°54.0′ W (the extension of the west- apply. ern edge of Kalihi Channel), thence [CGD14 92–05, 57 FR 54508, Nov. 19, 1992, as north along the western edge of the amended by CGD 96–026, 61 FR 33669, June 28, channel to Kalihi Channel buoy ‘‘5’’, 1996] thence west to 21°18.0′ N/157°55.58′ W. (5) Barbers Point Offshore Moorings. § 165.1407 Security Zones; Oahu, HI. All waters around the Tesoro Single (a) Location. The following areas, Point and the Chevron Conventional from the surface of the water to the Buoy Moorings beginning at 21°16.43′ N/ ocean floor, are security zones that are 158°06.03′ W, thence northeast to activated and enforced subject to the 21°17.35′ N/158°3.95′ W, thence southeast provisions of paragraphs (c) and (d). All to 21°16.47′ N/ 158°03.5′ W, thence south- coordinates below are expressed in de- west to 21°15.53′ N/158°05.56′ W, thence grees, minutes, and tenths or hun- north to the beginning point. dredths of minutes. (6) Barbers Point Harbor, Oahu. All (1) Honolulu Harbor. All waters of waters contained within the Barbers Honolulu Harbor and Honolulu en- Point Harbor, Oahu, enclosed by a line trance channel commencing at a line drawn between Harbor Entrance Chan- between Honolulu Harbor Entrance nel Light 6 and the jetty point day bea- Channel Lighted Buoys 1 and 2, to a con at 21°19.5′ N/158°07.26′ W. line between Kalihi Channel Lights 14 (7) Kahe Point, Oahu. All waters adja- and 15 west of Sand Island Bridge. cent to the Hawaiian Electric Company (2) Honolulu Harbor Anchorages B, C, power plant at Kahe Point within 500 and D. All waters extending 100 yards yards of 21°21.30’ N/158′ 07.7°W (lighted in all directions from each vessel in ex- tower). cess of 300 gross tons anchored in Hono- (b) Definitions. As used in this sec- lulu Harbor Anchorage B, C, or D, as tion, MARSEC Level 2 or Maritime Secu- defined in 33 CFR 110.235(a). rity Level 2 means, as defined in 33 CFR (3) Kalihi Channel and Keehi Lagoon, 101.105, the level for which appropriate Oahu. All waters of Kalihi Channel and additional protective security meas- Keehi Lagoon beginning at Kalihi ures shall be maintained for a period of Channel Entrance Lighted Buoy 1 and time as a result of heightened risk of a continuing along the general trend of transportation security incident. Kalihi Channel to Light 13, thence con- (c) Regulations. (1) Under 33 CFR tinuing on a bearing of 332.5°T to shore, 165.33, entry into the security zones de- thence east and south along the gen- scribed in this section is prohibited un- eral trend of the shoreline to Light 15, less authorized by the Coast Guard

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Captain of the Port, Honolulu or his or paragraph (d)(1) of this section and no- her designated representatives. tice of suspension of enforcement to be (2) Persons desiring to transit the made by appropriate means to affect areas of the security zones may con- the widest publicity, including the use tact the Captain of the Port at Com- of broadcast notice to mariners and mand Center telephone number (808) publication in the local notice to mari- 842–2600 and (808) 842–2601, fax (808) 842– ners. 2624 or on VHF channel 16 (156.8 Mhz) (e) Informational notices. The Captain to seek permission to transit the area. of the Port will cause notice of the Written requests may be submitted to presence of the security zones estab- the Captain of Port, U.S. Coast Guard lished in paragraph (a)(2) of this sec- Sector Honolulu, Sand Island Access tion, Honolulu Harbor Anchorages B, Road, Honolulu, Hawaii 96819, or faxed C, and D, to be made by appropriate to (808) 842–2622. If permission is grant- means to affect the widest publicity, ed, all persons and vessels must comply including the use of broadcast notice to with the instructions of the Captain of mariners and publication in the local the Port or his or her designated rep- notice to mariners. resentatives. For all seaplane traffic (f) Enforcement. Any Coast Guard entering or transiting the security commissioned, warrant, or petty offi- zones, a seaplane’s compliance with all cer, and any other Captain of the Port Federal Aviation Administration regu- representative permitted by law, may lations (14 CFR parts 91 and 99) regard- enforce the rules in this section. ing flight-plan approval is deemed ade- (g) Waiver. The Captain of the Port, quate permission to transit the water- Honolulu may waive any of the re- way security zones described in this quirements of this section for any ves- section. sel or class of vessels upon his or her (d) Notice of enforcement or suspension determination that application of this of enforcement of security zones. (1) The section is unnecessary or impractical security zones described in paragraphs for the purpose of port and maritime (a)(3) (Kalihi Channel and Keehi La- security. goon, Oahu), (a)(4)(i) (Honolulu Inter- (h) Penalties. Vessels or persons vio- national Airport, North Section), lating this section are subject to the (a)(4)(ii) (Honolulu International Air- penalties set forth in 33 U.S.C. 1232 and port, South Section), (a)(6) (Barbers 50 U.S.C. 192. Point Harbor, Oahu), and (a)(7) (Kahe [CGD14–04–116, 70 FR 75040, Dec. 19, 2005, as Point, Oahu) of this section, will be en- amended by CGD 14–07–001, 72 FR 44777, Aug. forced only upon the occurrence of one 9, 2007; 72 FR 57863, Oct. 11, 2007; USCG–2009– of the following events— 0416, 74 FR 27442, June 10, 2009; USCG–2015– (i) Whenever the Maritime Security 0433, 80 FR 44287, July 27, 2015] (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

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each large passenger vessel in Lahaina, transiting the security zones, compli- Maui, whenever the LPV is within 3 ance with all Federal Aviation Admin- nautical miles of Lahaina Light (LLNR istration regulations (14 CFR parts 91 28460). The security zone around each and 99) regarding flight-plan approval LPV is activated and enforced whether is deemed adequate permission to tran- the LPV is underway, moored, posi- sit the waterway security zones de- tion-keeping, or anchored, and will scribed in this section. continue in effect until such time as (d) Enforcement. Any Coast Guard the LPV departs Lahaina and the 3- commissioned, warrant, or petty offi- mile enforcement area. 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 Captain of the Port, Honolulu or his or (f) Penalties. Vessels or persons vio- her designated representatives. When lating this section are subject to the authorized passage through a large pas- penalties set forth in 33 U.S.C. 1232 and senger vessel security zone, all vessels 50 U.S.C. 192. must operate at the minimum speed [CGD14–04–116, 70 FR 75040, Dec. 19, 2005, as necessary to maintain a safe course amended by CGD 14–07–001, 72 FR 44777, Aug. and must proceed as directed by the 9, 2007] Captain of the Port or his or her designated representatives. No person is § 165.1409 Security Zones; Hawaii, HI. allowed within 100 yards of an LPV (a) Location. The following areas, that is underway, moored, position- from the surface of the water to the keeping, or at anchor, unless author- ocean floor, are security zones that are ized by the Captain of the Port or his activated and enforced subject to the or her designated representative. provisions in paragraph (c): (2) When conditions permit, the Cap- (1) Hilo Harbor, Hawaii. All waters ex- tain of the Port, or his or her des- tending 100 yards in all directions from ignated representative, may permit vessels that are at anchor, restricted in each large passenger vessel in Hilo Har- their ability to maneuver, or con- bor, Hawaii, HI or within 3 nautical strained by draft to remain within an miles seaward of the Hilo Harbor LPV security zone in order to ensure COLREGS DEMARCATION (See 33 navigational safety. CFR 80.1480). This is a moving security (3) Persons desiring to transit the zone when the LPV is in transit and be- areas of the security zones in this sec- comes a fixed zone when the LPV is an- tion may contact the Captain of the chored, position-keeping, or moored. Port at Command Center telephone (2) Kailua-Kona, Hawaii. All waters number (808) 842–2600 or on VHF chan- extending 100 yards in all directions nel 16 (156.8 Mhz) to seek permission to from each large passenger vessel in transit the area. Written requests may Kailua-Kona, Hawaii, whenever the be submitted to the Captain of Port, LPV is within 3 nautical miles of U.S. Coast Guard Sector Honolulu, Kukailimoku Point. The 100-yard secu- Sand Island Access Road, Honolulu, rity zone around each LPV is activated Hawaii 96819, or faxed to (808) 842–2622. and enforced whether the LPV is un- If permission is granted, all persons derway, moored, position-keeping, or and vessels must comply with the in- anchored and will continue in effect structions of the Captain of the Port or until such time as the LPV departs his or her designated representatives. Kailua-Kona and the 3-mile enforce- For all seaplane traffic entering or ment area.

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(3) Kawaihae Harbor, Hawaii. All his or her designated representatives. waters extending 100 yards in all direc- For all seaplane traffic entering or tions from each large passenger vessel transiting the security zones, compli- in Kawaihae Harbor, Hawaii, or within ance with all Federal Aviation Admin- 3 nautical miles seaward of the istration regulations (14 CFR parts 91 Kawaihae Harbor COLREGS DEMAR- and 99) regarding flight-plan approval CATION (See 33 CFR 80.1470). The 100- is deemed adequate permission to tran- yard security zone around each LPV is sit the waterway security zones deactivated and enforced whether the scribed in this section. LPV is underway, moored, position- (d) Enforcement. Any Coast Guard keeping, or anchored. commissioned, warrant, or petty offi- (b) Definitions. As used in this sec- cer, and any other Captain of the Port tion, large passenger vessel or LPV representative permitted by law, may means a cruise ship more than 300 feet enforce the rules in this section. in length that carries passengers for (e) Waiver. The Captain of the Port, hire, and any passenger ferry more Honolulu may waive any of the re- than 300 feet in length that carries pas- quirements of this section for any ves- sengers for hire. sel or class of vessels upon his or her (c) Regulations. (1) Under 33 CFR determination that application of this 165.33, entry into the security zones section is unnecessary or impractical created by this section is prohibited for the purpose of port and maritime unless authorized by the Coast Guard security. Captain of the Port, Honolulu or his or (f) Penalties. Vessels or persons vio- her designated representative. When lating this section are subject to the authorized passage through a large pas- penalties set forth in 33 U.S.C. 1232 and senger vessel security zone, all vessels 50 U.S.C. 192. must operate at the minimum speed [CGD14–04–116, 70 FR 75041, Dec. 19, 2005, as necessary to maintain a safe course amended by CGD14–07–001, 72 FR 44777, Aug. and must proceed as directed by the 9, 2007] Captain of the Port or his or her designated representatives. No person is § 165.1410 Security Zones; Kauai, HI. 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

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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 an LPV se- 50 U.S.C. 192. curity zone, all vessels must operate at [CGD14–04–116, 70 FR 75041, Dec. 19, 2005, as the minimum speed necessary to main- amended by CGD14–07–001, 72 FR 44778, Aug. tain a safe course and must proceed as 9, 2007] directed by the Captain of the Port or his or her designated representative. § 165.1411 Security zone; waters sur- No person is allowed within 100 yards rounding U.S. Forces vessel SBX–1, of a large passenger vessel that is un- HI. derway, moored, position-keeping, or (a) Location. The following area, in at anchor, unless authorized by the U.S. navigable waters within the Hono- Captain of the Port or his or her des- lulu Captain of the Port Zone (see 33 ignated representative. CFR 3.70–10), from the surface of the (2) When conditions permit, the Cap- water to the ocean floor, is a security tain of the Port, or his or her des- zone: All waters extending 500 yards in ignated representative, may permit all directions from U.S. Forces vessel vessels that are at anchor, restricted in SBX–1. The security zone moves with their ability to maneuver, or con- the SBX–1 while it is in transit and be- strained by draft to remain within an comes fixed when the SBX–1 is an- LPV security zone in order to ensure chored, position-keeping, or moored. navigational safety. (b) Regulations. The general regula- (3) Persons desiring to transit the tions governing security zones con- areas of the security zones may contained in 33 CFR 165.33 apply. Entry tact the Captain of the Port at Com- into, transit through, or anchoring mand Center telephone number (808) within this zone while it is activated, 842–2600 or on VHF channel 16 (156.8 and thus subject to enforcement, is Mhz) to seek permission to transit the prohibited unless authorized by the area. Written requests may be sub- Captain of the Port or a designated mitted to the Captain of Port, U.S. representative thereof. Coast Guard Sector Honolulu, Sand Is- (c) Suspension of enforcement. The land Access Road, Honolulu, Hawaii Coast Guard will suspend enforcement 96819, or faxed to (808) 842–2622. If per- of the security zone described in this mission is granted, all persons and ves- section whenever the SBX–1 is within sels must comply with the instructions the Honolulu Defensive Sea Area (see 6 of the Captain of the Port or his or her FR 6675). designated representatives. For all sea- (d) Informational notice. The Captain plane traffic entering or transiting the of the Port of Honolulu will cause no- security zones, compliance with all tice of the enforcement of the security Federal Aviation Administration regu- zone described in this section to be lations (14 CFR parts 91 and 99) regard- made by broadcast notice to mariners. ing flight-plan approval is deemed ade- The SBX–1 is easy to recognize because quate permission to transit the water- it contains a large white object shaped way security zones described in this like an egg supported by a platform section. 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

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officer, and any other Captain of the alties set forth in 33 U.S.C. 1232 and 50 Port representative permitted by law, U.S.C. 192. may enforce the security zone de- [USCG–2010–0409, 75 FR 33704, June 15, 2010] scribed in this section. (f) Waiver. The Captain of the Port § 165.1413 Regulated navigation area; may waive any of the requirements of Southern Oahu Tsunami Evacu- this rule for any person, vessel, or class ation; Honolulu, Hawaii. of vessel upon finding that application (a) Location. The following area is a of the security zone is unnecessary or regulated navigation area (RNA): All impractical for the purpose of mari- waters of the Pacific Ocean south of time security. the southern side of Oahu, HI extend- (g) Penalties. Vessels or persons vio- ing from the surface of the water to the lating this rule are subject to the pen- ocean floor, and is bound by a line con- alties set forth in 33 U.S.C. 1232 and 50 necting the following points: 21°17′14″ U.S.C. 192. N, 157°55′34″ W; 21°13′30″ N, 157°55′34″ W; 21°13′30″ N, 157°48′20″ W; 21°14′14″ N, [USCG–2007–0195, 73 FR 13131, Mar. 12, 2008] 157°48′20″ W thence westward along the 50-fathom line to the beginning point. § 165.1412 Security Zone; escorted U.S. These coordinates are based upon the Navy submarines in Sector Hono- lulu Captain of the Port Zone. National Oceanic and Atmospheric Ad- ministration Coast Survey, Pacific (a) Location. The following area is a Ocean, Oahu, Hawaii, chart 19357. security zone: all waters, from the sur- (b) Regulations. You may contact the face to the ocean floor, within 1,000 Coast Guard on VHF Channel 16 (156.800 yards of any U.S. Navy submarine that MHz) or at telephone number 808–842– is 2600, to obtain clarification on RNA (1) Operating in the Sector Honolulu transits and locations. Operations per- Captain of the Port Zone, as defined in mitting, the Coast Guard plans to pro- 33 CFR 3.70–10, and that vide on-scene direction using Coast (2) Is being escorted by the U.S. Guard patrol boats and assets. During Coast Guard. the enforcement period persons and (b) Regulations. In accordance with vessels wishing to remain inside the the general regulations in 33 CFR 165, RNA must abide by the following stipu- Subpart D, no person or vessel may lations: enter or remain in the security zone (1) No person or vessel may enter created by paragraph (a) of this section into an exclusionary area 3.7 nautical unless authorized by the Coast Guard miles long by 1 nautical mile wide, cen- patrol commander. The Coast Guard tered lengthwise and along a line run- patrol commander may be contacted ning seaward at 208 degrees southwest via VHF Channel 16 or other means of Honolulu Harbor Front Range Light, except to transit to or from the staging reasonably available. 33 CFR part 165.30 areas or other areas outside the zone. and 165.33 contain additional provisions Loitering or lingering in the exclu- applicable to the security zone created sionary zone is prohibited. in paragraph (a) of this section. (2) The Western Recreational Vessel (c) Effective period. This rule is effec- Staging area is bound by the following tive from 6:00 a.m. on June 12, 2010 Ha- points: 21°17′14″ N, 157°55′34″ W; 21°13′30″ waiian Standard Time (HST). N, 157°55′34″ W; 21°13′30″ N, 157°55′17″ W; (d) Notification. The Coast Guard se- 21°16′46″ N, 157°53′23″ W and then along curity escort will attempt, when nec- the 50-fathom line to the beginning essary and practicable, to notify any point. This staging area is intended for persons or vessels inside or in the vi- recreational vessels departing from and cinity of the security one created in returning to the Keehi Lagoon area. paragraph (a) of this section of the (3) The Commercial Vessel Staging zone’s existence via VHF Channel 16 or Area is bound by a line connecting the other means reasonably available. following points: 21°16′48″ N, 157°52′10″ (e) Penalties. Vessels or persons vio- W; 21°13′30″ N, 157°54′05″ W; 21°13′30″ N, lating this rule are subject to the pen- 157°51′36″ W; 21°15′55″ N, 157°50′58″ W and

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then along the 50-fathom line to the be- § 165.1416 Safety Zone; Tarague Basin; ginning point. This staging area is in- Anderson AFB, GU. tended for use by all commercial ves- (a) Location. The following area, sels intended to remain in the RNA during a tsunami treat. within the Guam Captain of the Port (4) The Eastern Recreational Vessel (COTP) Zone (See 33 CFR 3.70–15), from Staging Area is bound by the following the surface of the water to the ocean points: 21°15′55″ N, 157°50′58″ W; 21°13′30″ floor, is a safety zone: A 1-mile radius N, 157°51′36″ W; 21°13′30″ N, 157°48′20″ W; centered on 13 degrees 35 minutes 59 21°14′14″ N, 157°48′20″ W and then along seconds North Latitude and 144 degrees the 50-fathom line to the beginning 55 minutes 38 seconds East Longitude point. The Commercial Vessel Staging (NAD 1983) including the water arc be- Area borders this staging area’s west- tween points 13 degrees 36 minutes 00 ern edge. The dividing line between the seconds North Latitude, 144 degrees 56 Commercial Vessel Staging Area and minutes 32 seconds East Longitude and the Eastern Recreational Vessel Stag- 13 degrees 36 minutes 12 seconds North ing Area can be determined visually. Latitude, 144 degrees 54 minutes 48 sec- The private dayboards located in the onds East Longitude (NAD 1983). Ala Wai Small Boat Harbor and the La (b) Enforcement period. This section Ronde Rotating Restaurant roof top will be enforced only during U.S. Air restaurant form a natural range that Force explosive ordnance disposal oper- mariners can use in daylight hours to gauge the eastern boundary of the ations and only when an orange range Commercial Vessel Staging Area and flag is hoisted 1250 feet west of the the western boundary of the Eastern Demo Pit at 13 degrees 35 minutes Recreational Vessel Staging Area. This 59.751 seconds North Latitude and 144 eastern recreational staging area is in- degrees 55 minutes 27.4476 seconds East tended for use by recreational vessels Longitude. In case of an emergency, an departing from and returning to the explosive ordnance disposal after day- Ala Wai Small Boat harbor and Kewalo light hours may occur in which case Basin. the orange range flag will be illumi- (5) Located between the Western Rec- nated. reational Vessel Staging Area and the (c) Regulations. The general regula- Commercial Vessel Staging Area is an tions governing safety zones contained Exclusion Area. This area is bound by in 33 CFR 165.23 apply to the zone de- the following points: 21°16′46″ N, scribed in paragraph (a) of this section. ° ′ ″ ° ′ ″ ° ′ ″ 157 53 23 W; 21 13 30 N, 157 55 17 W; Entry into, transit through or within ° ′ ″ ° ′ ″ ° ′ ″ 21 13 30 N, 157 54 05 W; 21 16 48 N, this zone is prohibited unless author- ° ′ ″ 157 52 10 W and then along the 50-fath- ized by the COTP or a designated rep- om line to the beginning point. resentative thereof. (6) All vessels staging in the RNA must be seaward of the 50-fathom (300 (d) Enforcement. Any Coast Guard foot) line. commissioned, warrant, or petty offi- (c) Enforcement period. Paragraph (b) cer, and any other COTP representa- of this section will be enforced when a tive permitted by law, may enforce this tsunami warning has been issued for safety zone. the Hawaiian Islands by the Pacific (e) Waiver. The COTP may waive any Tsunami Warning Center. The COTP of the requirements of this rule for any will notify the public of any enforce- person, vessel, or class of vessel upon ment, suspension of enforcement, or finding that application of the safety termination of enforcement through zone is unnecessary or impractical for appropriate means to ensure the widest the purpose of maritime security. publicity, including the use of broad- (f) Penalties. Vessels or persons vio- cast notice to mariners, notices of en- lating this rule are subject to the pen- forcement and press releases. alties set forth in 33 U.S.C. 1232 and 50 (d) Penalties. Vessels or persons vio- U.S.C. 192. lating this rule are subject to the penalties set forth in 33 U.S.C. 1232. [USCG–2014–0732, 79 FR 53297, Sept. 9, 2014] [USCG–2012–0080, 79 FR 13324, Feb. 28, 2014]

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SEVENTEENTH COAST GUARD DISTRICT Ammunition Island, or the departure of the vessel from Ammunition Island. § 165.1701 Port Valdez, Valdez, Alas- (c) Special regulation. (1) Section ka—safety zone. 165.23 does not apply to paragraph (a) The waters within the following of this section, except when the vessel boundaries are a safety zone—The area is moored to Ammunition Island. within 200 yards of any waterfront fa- (d) Effective August 25, 1987 Notice of cility at the Trans-Alaska Pipeline vessels arrival will be made in the No- Valdez Terminal complex or vessels tice to Mariners, Local Notice to Mari- moored or anchored at the Trans-Alas- ners and in the Local Valdez news- ka Pipeline Valdez Terminal complex paper, prior to the vessel arrival. and the area within 200 yards of any tank vessel maneuvering to approach, [52 FR 30671, Aug. 17, 1987, as amended by USCG–1998–3799, 63 FR 35533, June 30, 1998; moor, unmoor, or depart the Trans- COTP Prince William Sound 02–010, 67 FR Alaska Pipeline Valdez Terminal com- 45313, July 9, 2002] plex. § 165.1704 Prince William Sound, Alas- § 165.1702 Gastineau Channel, Juneau, ka-regulated navigation area. Alaska—safety zone. (a) The following is a regulated navi- (a) The waters within the following gation area: The navigable waters of boundaries are a safety zone: A line be- the United States north of a line drawn ginning at position 58°17.8′ N., 134°24.9′ from Cape Hinchinbrook Light to W., in the direction of 140° True to Schooner Rock Light, comprising that Rock Dump Lighted Buoy 2A (LLNR portion of Prince William Sound be- 23685) at position 58°17.1′ N., 134°23.8′ W.; tween 146°30′ W. and 147°20′ W. and in- thence in the direction of 003° true to a cludes Valdez Arm, Valdez Narrows, point at position 58°17.4′ N., 134°23. 8′ and Port Valdez. W., on the north shore of Gastineau (b) Within the regulated navigation Channel; thence northwesterly along area described in paragraph (a) of this the north shore of Gastineau Channel section, § 161.60 of this chapter estab- to the point of origin. lishes a VTS Special Area for the (b) Special Regulations: waters 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 and ferries) may anchor within the Island Light at 61°05′06″ N., 146°36′42″ W. 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 amended by CGD 79–026, 48 FR 35408, Aug. 4, intends to navigate within the regu- 1983; USCG–2015–0433, 80 FR 44287, July 27, lated navigation area must: 2015] (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; and

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(5) If laden and intending to navigate the Captain of the Port. If the fire- the VTS Special Area, limit speed to 12 works display is postponed because of knots except between Middle Rock and inclement weather, the date and dura- Potato Point where the speed limit tion of the safety zone will be an- shall be 6 knots; and nounced in the Local Notices to Mari-

NOTE: Regulations pertaining to Auto- ners. matic Identification System Shipborne (c) Regulation. In accordance with the Equipment (AISSE) required capabilities are general regulations in § 165.23 of this set forth in Part 164 of this chapter. part, entry into this zone is prohibited [CGD 90–020, 59 FR 36335, July 15, 1994, as unless authorized by the Captain of the amended by CGD 95–033, 60 FR 28333, May 31, Port, Southeast Alaska. 1995; CGD 97–023, 62 FR 33365, June 19, 1997; USCG–1998–3799, 63 FR 35533, June 30, 1998; [59 FR 31933, June 21, 1994, as amended at 65 USCG–2003–14757, 68 FR 39368, July 1, 2003; 68 FR 81362, Dec. 26, 2000] FR 60570, Oct. 22, 2003; USCG–2005–21869, 80 FR 5336, Jan. 30, 2015] § 165.1709 Security Zones: Liquefied Natural Gas Tanker Transits and § 165.1706 Gastineau Channel, Juneau, Operations at Phillips Petroleum Alaska—Safety Zone. LNG Pier, Cook Inlet, AK. (a) Location. The following area is a (a) Location. The following areas are safety zone: the waters in Juneau Har- established as security zones during bor within a 300 yard radius of the ves- the specified conditions: sel or waterfront facility located at (1) All navigable waters within a 1000- 58°17′41″ N, 134°24′22″ W used to conduct yard radius of the Liquefied Natural fireworks displays. Gas (LNG) tankers during their in- (b) Effective date. The safety zone be- bound and outbound transits through comes effective on July 3 each year at Cook Inlet, Alaska between the Phil- 10 p.m. ADT. It terminates at the con- lips Petroleum LNG Pier, 60°40′43″ N clusion of the fireworks display at ap- and 151°24′10″ W, and the Homer Pilot proximately 2:30 a.m. ADT on July 5 Station at 59°34′86″ N and 151°25′74″ W. each year, unless sooner terminated by On the inbound transit, this security the Captain of the Port. If the fire- zone remains in effect until the tanker works display is postponed because of is alongside the Phillips Petroleum inclement weather, the date and dura- LNG Pier, 60°40′43″ N and 151°24′10″ W. tion of the safety zone will be an- (2) All navigable waters within a 1000- nounced in the Local Notices to Mari- yard radius of the Liquefied Natural ners. Gas tankers while they are moored at (c) Regulation. In accordance with the Phillips Petroleum LNG Pier, 60°40′43″ general regulations in § 165.23 of this N and 151°24′10″ W. part, entry into this zone is prohibited unless authorized by the Captain of the (b) Special Regulations. (1) For the Port, Southeast Alaska. purpose of this section, the general regulations contained in 33 CFR 165.33 [59 FR 31934, June 21, 1994, as amended by apply to all but the following vessels in COTP Southeast Alaska 00–018, 65 FR 81363, the areas described in paragraph (a): Dec. 26, 2000] (i) Vessels scheduled to moor and off- § 165.1708 Tongass Narrows, Ketch- load or load cargo at other Nikiski ma- ikan, Alaska—Safety Zone. rine terminals that have provided the (a) Location. The following area is a Coast Guard with an Advance Notice of safety zone: the waters in Tongass Nar- Arrival. rows within a 300 yard radius of the (ii) Commercial fishing vessels, in- barge located at 55°20′32″ N, 131°39′40″ W cluding drift net and set net vessels, used to conduct fireworks displays. fishing from the waters within the (b) Effective date. The safety zone be- zone, if comes effective on July 3 each year at (A) The owner of the vessel has pre- 10 p.m. ADT. It terminates at the con- viously requested approval from the clusion of the fireworks display at ap- Captain of the Port representative, Ma- proximately 2:30 a.m. ADT on July 5 rine Safety Detachment Kenai, Alaska, each year, unless sooner terminated by to fish in the security zone and

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(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 the vessel by the Captain of the Port or west to 61°02′40.5″ N, 146°41′47″ W; thence other regulations controlling the oper- north east to 61°04′07.5″ N, 146°40′15″ W; ation of vessels within the security thence north east to 61°05′22″ N, zone that may be in effect. 146°37′38″ W; thence south east back to (2) All persons and vessels shall com- the starting point at 61°05′15″ N, ply with the instructions of the Cap- 146°37′18″ W. tain of the Port representative or the (b) Regulations. (1) The general regu- designated on-scene patrol personnel. lations in 33 CFR 165.33 apply to the se- These personnel are comprised of com- curity zones described in paragraph (a) missioned, warrant, and petty officers of this section. of the Coast Guard. Upon being hailed (2) Tank vessels transiting directly by a U. S. Coast Guard vessel by siren, to the TAPS terminal complex, en- radio, flashing light, or other means, gaged in the movement of oil from the the operator of a vessel shall proceed terminal or fuel to the terminal, and as directed. vessels used to provide assistance or (3) The Marine Safety Detachment support to the tank vessels directly Kenai, Alaska will notify the maritime transiting to the terminal, or to the community of these security zones by terminal itself, and that have reported publishing a Local Notice to Mariners their movements to the Vessel Traffic and via a bimonthly marine Broadcast Service, as required under 33 CFR part Notice to Mariners. 161 and § 165.1704, may operate as nec- [COTP 02–001, 67 FR 44059, July 1, 2002] essary to ensure safe passage of tank vessels to and from the terminal. § 165.1710 Port Valdez and Valdez Nar- (3) All persons and vessels must com- rows, Valdez, Alaska—security ply with the instructions of the Coast zones. Guard Captain of the Port and the des- (a) Location. The following areas are ignated on-scene patrol personnel. security zones: These personnel comprise commis- (1) Trans-Alaska Pipeline (TAPS) sioned, warrant, and petty officers of Valdez Terminal complex (Terminal), the Coast Guard. Upon being hailed by Valdez, Alaska and TAPS tank vessels. a vessel displaying a U.S. Coast Guard All waters enclosed within a line begin- ensign by siren, radio, flashing light, or

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other means, the operator of the vessel (b) Location. The following areas are must proceed as directed. Coast Guard security zones: all waters within 100 Auxiliary and local or state agencies yards around escorted High Capacity may be present to inform vessel opera- Passenger Vessels or escorted Alaska tors of the requirements of this section Marine Highway System vessels in the and other applicable laws. navigable waters of the Seventeenth Coast Guard District as defined in 33 [COTP Prince William Sound 02–011, 71 FR 2154, Jan. 13, 2006] CFR 3.85–1, from surface to bottom. (c) Regulations. (1) No vessel may ap- § 165.1711 Security Zones; Waters of proach within 100 yards of an escorted the Seventeenth Coast Guard Dis- HCPV or escorted AMHS vessel during trict their transits within the navigable (a) Definitions. As used in this sec- waters of the Seventeenth Coast Guard tion— District. Alaska Marine Highway System vessel (2) Moored or anchored vessels that (‘‘AMHS vessel’’) means any vessel are overtaken by this moving zone owned or operated by the Alaska Ma- must remain stationary at their loca- rine Highway System, including, but tion until the escorted vessel maneu- not limited to: M/V AURORA, M/V vers at least 100 yards away. CHENEGA, M/V COLUMBIA, M/V (3) The local Captain of the Port may FAIRWEATHER, M/V KENNICOTT, M/ notify the maritime and general public V LECONTE, M/V LITUYA, M/V by marine information broadcast of the MALASPINA, M/V MATANUSKA, M/V periods during which individual secu- TAKU, and the M/V TUSTUMENA. rity zones have been activated by pro- Designated on Scene Representative viding notice in accordance with 33 means any U.S. Coast Guard commis- CFR 165.7. sioned, warrant or petty officer who (4) Persons desiring to transit within has been authorized by the District 100 yards of a moving, escorted HCPV Commander or local Captain of the or AMHS vessel in the Seventeenth Port (COTP), as defined in 33 CFR part Coast Guard District must contact the 3, subpart 3.85, to act on his or her be- designated on scene representative on half, or other Federal, State or local VHF channel 16 (156.800 MHz) or VHF law enforcement Officers designated by channel 13 (156.650 MHz) to receive per- the COTP. mission. Escorted HCPV or AMHS vessel means (5) If permission is granted to transit a HCPV or AMHS vessel that is accom- within 100 yards of an escorted HCPV panied by one or more Coast Guard as- or AMHS vessel, all persons and vessels sets or Federal, State or local law en- must comply with the instructions of forcement agency assets as listed the designated on scene representative. below: (6) All commercial fishing vessels as (1) Coast Guard surface or air asset defined by 46 U.S.C. 2101(11a) while ac- displaying the Coast Guard insignia. tively engaged in fishing are exempted (2) State, Federal or local law en- from the provisions of this section. forcement assets displaying the applicable agency markings and or equip- [CGD17–05–002, 71 FR 19123, Apr. 13, 2006] ment associated with the agency. Federal Law Enforcement Officer § 165.1712 Safety Zones; Annual Inde- means any Federal government law en- pendence Day Firework Displays, forcement officer who has authority to Skagway, Haines, and Wrangell, AK. enforce federal criminal laws. (a) Regulated areas. The following High Capacity Passenger Vessel areas are permanent safety zones: (‘‘HCPV’’) means a passenger vessel (1) All navigable waters of Taiya greater than 100 feet in length that is Inlet within a 300-yard radius of the authorized to carry more than 500 pas- fireworks launching point located on sengers for hire. the White Pass and Yukon Railway State law enforcement Officer means Dock at approximate position 59°26.70′ any State or local government law en- N, 135°19.58′ W in the vicinity of the forcement officer who has authority to mouth of the Small Boat Harbor, enforce State or local criminal laws. Skagway, Alaska;

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(2) All navigable waters of Portage (c) Definitions. The following defini- Cove, Haines, AK within a 300-yard ra- tions apply to this section: dius around the fireworks launch area, (1) The term ‘‘designated representa- centered at approximate position tive’’ means any Coast Guard commis- 59°14′16.72″ N, 135°25′35.79″ W; (3) all nav- sioned, warrant or petty officer of the igable waters of Wrangell Harbor with- U. S. Coast Guard who has been des- in a 300-yard radius of the fireworks ignated by the COTP, Prince William launch platform centered at approxi- Sound, to act on his or her behalf. ° ′ ° ′ mate position 56 28.223 N and 132 23.285 (2) The term ‘‘official patrol vessel’’ W. may consist of any Coast Guard, Coast (b) Effective date. This rule is effec- Guard Auxiliary, state, or local law en- tive from 10 p.m. until 2:30 a.m., July 3 forcement vessels assigned or approved through July 5, of each year. by the COTP, Prince William Sound. (c) Definitions. The following definitions apply to this section: (d) Regulations. (1) The general regu- Designated Representative—a ‘‘des- lations contained in 33 CFR 165.23, as ignated representative’’ is any Coast well as the following regulations, Guard commissioned, warrant or petty apply. officer of the U.S. Coast Guard who has (2) The safety zone is closed to all been designated by the Captain of the vessel traffic, except as may be per- Port, to act on his or her behalf. mitted by the COTP or the designated (d) Regulations. (1) The general regu- representative during periods of en- lations contained in 33 CFR 165.23, as forcement. well as the following regulations, (3) All persons and vessels shall com- apply. ply with the instructions of the COTP (2) No vessels, except for fireworks or the designated representative. Upon barge and accompanying vessels, will being hailed by a U.S. Coast Guard ves- be allowed to transit the safety zones sel or other official patrol vessel by without the permission of the COTP or siren, radio, flashing light or other the designated representative. means, the operator of the vessel shall (3) Vessel operators desiring to enter proceed as directed. or operate within any of the regulated (4) Vessel operators desiring to enter areas shall contact the COTP or the or operate within the regulated area designated representative via VHF may request permission from the COTP channel 16 or 907–463–2990 (Sector Ju- via VHF Channel 16 or (907) 835–7205 neau command center) to obtain per- (Prince William Sound Vessel Traffic mission to do so. Center) to request permission to do so. [USCG–2013–0078, 78 FR 38202, June 26, 2013] (5) The Coast Guard will issue a Broadcast Notice to Mariners to advise EDITORIAL NOTE: At 79 FR 6470, Feb. 4, 2014, § 165.1712 was added; however, the amend- mariners of the safety zone before and ment could not be incorporated since that during the event. section already exists. (6) The COTP may be aided by other Federal, state, borough and local law § 165.1713 Safety Zone; City of Valdez enforcement officials in the enforce- July 4th Fireworks, Port Valdez; ment of this regulation. Valdez, AK. (a) Regulated area. The following area [USCG–2017–0092, 82 FR 25730, June 5, 2017] is a permanent safety zone: All navi- EFFECTIVE DATE NOTE: At 82 FR 25730, June gable waters of Port Valdez within a 5, 2017, § 165.1713 was added, effective July 3, 200-yard radius from a position of 2017. 61°07′22″ N. and 146°21′13″ W. This includes the entrance to the Valdez small Subpart G—Protection of Naval boat harbor. Vessels (b) Effective date. This rule will be effective from 9:30 p.m. until 11:30 p.m. on July 4th of each year, or during the AUTHORITY: 14 U.S.C. 91 and 633; 49 CFR same time frame on specified rain 1.45. dates of July 5th through July 8th of SOURCE: LANT AREA–02–001, 67 FR 31960, each year. May 13, 2002, unless otherwise noted.

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§ 165.2010 Purpose. and in command of any part of the De- 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 rounding large U.S. naval vessels that rules and regulations contained in this is necessary to provide for the safety or subpart to ensure the safety and secu- security of these U.S. naval vessels. rity of all large naval vessels present. Navigable waters of the United States In meeting this responsibility, the sen- means those waters defined as such in ior naval officer present in command 33 CFR part 2. may directly assist any Coast Guard Navigation rules means the Naviga- enforcement personnel who are tion Rules, International-Inland. present. Official patrol means those personnel § 165.2025 Atlantic Area. designated and supervised by a senior naval officer present in command and (a) This section applies to any vessel tasked to monitor a naval vessel pro- or person in the navigable waters of tection zone, permit entry into the the United States within the bound- zone, give legally enforceable orders to aries of the U.S. Coast Guard Atlantic persons or vessels within the zone, and Area, which includes the First, Fifth, take other actions authorized by the Seventh, Eighth and Ninth U.S. Coast U.S. Navy. Guard Districts. Pacific Area means that area de- NOTE TO § 165.2025 PARAGRAPH (a): The scribed in 33 CFR 3.04–3 Pacific Area. boundaries of the U.S. Coast Guard Atlantic Restricted area means those areas es- Area and the First, Fifth, Seventh, Eighth tablished by the Army Corps of Engi- and Ninth U.S. Coast Guard Districts are set neers and set out in 33 CFR part 334. out in 33 CFR part 3. Senior naval officer present in command (b) A naval vessel protection zone ex- is, unless otherwise designated by com- ists around U.S. naval vessels greater petent authority, the senior line officer than 100 feet in length overall at all of the U.S. Navy on active duty, eligi- times in the navigable waters of the ble for command at sea, who is present United States, whether the large U.S.

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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 area or within a naval defensive sea the United States within the bound- area. aries of the U.S. Coast Guard Pacific (c) The Navigation Rules shall apply Area, which includes the Eleventh, at all times within a naval vessel pro- Thirteenth, Fourteenth, and Seven- tection zone. teenth U.S. Coast Guard Districts. (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 (1) Give advance notice on VHF-FM channel 16 of all large U.S. naval vessel to maintain speed by the Navigation movements; and Rules, and shall proceed as directed by (2) Permit vessels constrained by the Coast Guard, the senior naval offi- their navigational draft or restricted in cer present in command, or the official their ability to maneuver to pass with- patrol. When within a naval vessel pro- in 100 yards of a large U.S. naval vessel tection zone, no vessel or person is al- in order to ensure a safe passage in ac- lowed within 100 yards of a large U.S. cordance with the Navigation Rules; naval vessel unless authorized by the and Coast Guard, the senior naval officer (3) Permit commercial vessels an- present in command, or official patrol. chored in a designated anchorage area (e) To request authorization to oper- to remain at anchor when within 100 ate within 100 yards of a large U.S. yards of passing large U.S. naval ves- naval vessel, contact the Coast Guard, sels; and the senior naval officer present in com- (4) Permit vessels that must transit mand, or the official patrol on VHF-FM via a navigable channel or waterway to channel 16. pass within 100 yards of a moored or (f) When conditions permit, the Coast anchored large U.S. naval vessel with Guard, senior naval officer present in minimal delay consistent with secu- command, or the official patrol should: rity. (1) Give advance notice on VHF-FM channel 16 of all large U.S. naval vessel NOTE TO § 165.2025 PARAGRAPH (f): The listed movements; actions are discretionary and do not create any additional right to appeal or otherwise (2) Permit vessels constrained by dispute a decision of the Coast Guard, the their navigational draft or restricted in senior naval officer present in command, or their ability to maneuver to pass with- the official patrol. in 100 yards of a large U.S. naval vessel

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in order to ensure a safe passage in ac- coordinates are expressly labeled NAD cordance with the Navigation Rules; 83. Geographic coordinates without the and NAD 83 reference may be plotted on (3) Permit commercial vessels an- maps or charts referenced to NAD 83 chored in a designated anchorage area only after application of the appro- to remain at anchor when within 100 priate corrections that are published yards of passing large U.S. naval ves- on the particular map or chart being sels; and used. (4) Permit vessels that must transit via a navigable channel or waterway to [CGD 86–082, 52 FR 33811, Sept. 8, 1987] pass within 100 yards of a moored or § 166.105 Definitions. anchored large U.S. naval vessel with minimal delay consistent with secu- (a) Shipping safety fairway or fairway rity. means a lane or corridor in which no artificial island or fixed structure, NOTE TO PARAGRAPH (f): The listed actions whether temporary or permanent, will are discretionary and do not create any addi- be permitted. Temporary underwater tional right to appeal or otherwise dispute a decision of the Coast Guard, the senior naval obstacles may be permitted under cer- officer present in command, or the official tain conditions described for specific patrol. areas in Subpart B. Aids to navigation [PAC AREA–02–001, 67 FR 38394, June 4, 2002] approved by the U.S. Coast Guard may be established in a fairway. (b) Fairway anchorage means an an- PART 166—SHIPPING SAFETY chorage area contiguous to and associ- FAIRWAYS ated with a fairway, in which fixed structures may be permitted within Subpart A—General certain spacing limitations, as de- Sec. scribed for specific areas in Subpart B. 166.100 Purpose. [CGD 81–80a, 48 FR 30110, June 30, 1983] 166.103 Geographic coordinates. 166.105 Definitions. 166.110 Modification of areas. § 166.110 Modification of areas. Fairways and fairway anchorages are Subpart B—Designations of Fairways and subject to modification in accordance Fairway Anchorages with 33 U.S.C. 1223(c); 92 Stat. 1473. 166.200 Shipping safety fairways and an- [CGD 81–80a, 48 FR 30110, June 30, 1983] chorage areas, Gulf of Mexico. 166.300 Areas along the coast of California. 166.400 Areas along the coast of Alaska. Subpart B—Designations of 166.500 Areas along the Atlantic Coast. Fairways and Fairway Anchorages AUTHORITY: 33 U.S.C. 1223; 49 CFR 1.46. § 166.200 Shipping safety fairways and anchorage areas, Gulf of Mexico. Subpart A—General (a) Purpose. Fairways and anchorage § 166.100 Purpose. areas as described in this section are established to control the erection of The purpose of these regulations is to structures therein to provide safe ap- establish and designate shipping safety proaches through oil fields in the Gulf fairways and fairway anchorages to of Mexico to entrances to the major provide unobstructed approaches for ports along the Gulf Coast. vessels using U.S. ports. (b) Special Conditions for Fairways in [CGD 81–80a, 48 FR 30110, June 30, 1983] the Gulf of Mexico. Temporary anchors and attendant cables or chains at- § 166.103 Geographic coordinates. tached to floating or semisubmersible Geographic coordinates expressed in drilling rigs outside a fairway may be terms of latitude or longitude, or both, placed within a fairway described in are not intended for plotting on maps this section for the Gulf of Mexico, pro- or charts whose referenced horizontal vided the following conditions are met: datum is the North American Datum of (1) Anchors installed within fairways 1983 (NAD 83), unless such geographic to stablize semisubmersible drilling

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rigs shall be allowed to remain 120 Latitude North Longitude West days. This period may be extended by 26°02′57″ ...... 97°07′11″ the Army Corps of Engineers, as pro- 26°02′06″ ...... 96°57′24″ vided by § 209.135(b). 25°58′54″ ...... 96°19′00″ (2) Drilling rigs must be outside of any fairway boundary to whatever dis- and rhumb lines joining points at: tance is necessary to ensure that the minimum depth of water over an an- Latitude North Longitude West chor line within a fairway is 125 feet. 26°04′27″ ...... 97°08′36″ (3) No anchor buoys or floats or re- 26°04′58″ ...... 97°07′07″ lated rigging will be allowed on the 26°04′12″ ...... 96°59′30″ 26°04′00″ ...... 96°57′24″ surface of the water or to a depth of at 26°00′54″ ...... 96°19′00″ least 125 feet from the surface, within a fairway. (2) Brazos Santiago Pass Anchorage (4) Aids to Navigation or danger Areas. The areas enclosed by rhumb markings must be installed as required lines joining points at: by 33 CFR Subchapter C. (c) Special Conditions for Fairway An- Latitude North Longitude West chorages in the Gulf of Mexico. Struc- 26°02′57″ ...... 97°07′11″ tures may be placed within an area des- 26°02′06″ ...... 96°57′24″ ° ′ ″ ° ′ ″ ignated as a fairway anchorage, but the 25 58 54 ...... 96 57 24 25°58′54″ ...... 97°07′18″ number of structures will be limited by 26°02′57″ ...... 97°07′11″ spacing as follows: (1) The center of a structure to be and rhumb lines joining points at: erected shall not be less than two (2) nautical miles from the center of any Latitude North Longitude West existing structure. 26°04′58″ ...... 97°07′07″ (2) In a drilling or production com- 26°09′00″ ...... 97°07′00″ plex, associated structures connected 26°09′00″ ...... 96°59′30″ 26°04′12″ ...... 96°59′30″ by walkways shall be considered one 26°04′58″ ...... 97°07′07″ structure for purposes of spacing, and shall be as close together as prac- (3) Port Mansfield Safety Fairway. The ticable having due consideration for area between a rhumb line joining the safety factors involved. points at: (3) A vessel fixed in place by moorings and used in conjunction with the Latitude North Longitude West associated structures of a drilling or 26°33′39″ ...... 97°16′04″ production complex, shall be consid- 26°33′43″ ...... 97°14′38″ ered an attendant vessel and the extent of the complex shall include the vessel and rhumb lines joining points at: and its moorings. (4) When a drilling or production Latitude North Longitude West complex extends more than five hun- 26°34′04″ ...... 97°16′05″ dred (500) yards from the center, a new 26°34′40″ ...... 97°15′47″ ° ′ ″ ° ′ ″ structure shall not be erected closer 26 34 43 ...... 97 14 40 than two (2) nautical miles from the (4) Aransas Pass Safety Fairway. The outer limit of the complex. area between rhumb lines joining (5) An underwater completion instal- points at: lation in an anchorage area shall be considered a structure and shall be Latitude North Longitude West marked with a lighted buoy approved 27°49′21″ ...... 97°02′08″ by the United States Coast Guard 27°48′11″ ...... 97°01′06″ under § 66.01. 27°46′26″ ...... 96°57′40″ (d) Designated Areas—(1) Brazos 27°45′14″ ...... 96°55′26″ 27°44′09″ ...... 96°53′25″ Santiago Pass Safety Fairway. The areas 27°42′47″ ...... 96°51′39″ between rhumb lines joining points at: 27°39′24″ ...... 96°48′26″ 27°21′59″ ...... 96°11′42″ Latitude North Longitude West

26°03′27″ ...... 97°08′36″ and rhumb lines joining points at:

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Latitude North Longitude West Latitude North Longitude West

27°50′15″ ...... 97°01′32″ 28°23′38″ ...... 96°16′00″ 27°49′54″ ...... 96°59′56″ 28°16′12″ ...... 96°08′06″ 27°45′22″ ...... 96°51′19″ 28°12′30″ ...... 96°04′12″ 27°44′35″ ...... 96°48′31″ 28°11′13″ ...... 96°02′46″ 27°43′49″ ...... 96°45′47″ 27°38′12″ ...... 95°47′19″ 27°35′17″ ...... 96°27′46″ 27°33′33″ ...... 96°24′06″ (7) Matagorda Entrance Anchorage 27°25′53″ ...... 96°07′56″ Areas. The areas enclosed by rhumb lines joining points at: separated by areas enclosed by rhumb lines joining points at: Latitude North Longitude West

Latitude North Longitude West 28°22′16″ ...... 96°17′40″ 28°14′48″ ...... 96°09′42″ 27°41′10″ ...... 96°47′23″ 28°12′42″ ...... 96°12′12″ 27°34′50″ ...... 96°34′01″ 28°20′12″ ...... 96°20′12″ 27°34′59″ ...... 96°31′56″ 28°22′16″ ...... 96°17′40″ 27°42′03″ ...... 96°46′51″ 27°41′10″ ...... 96°47′23″ and rhumb lines joining points at:

and rhumb lines joining points at: Latitude North Longitude West

Latitude North Longitude West 28°23′38″ ...... 96°16′00″ 28°25′36″ ...... 96°13′36″ 27°33′06″ ...... 96°30′21″ 28°18′12″ ...... 96°05′36″ 27°23′33″ ...... 96°10′12″ 28°16′12″ ...... 96°08′06″ 27°24′19″ ...... 96°09′26″ 28°23′38″ ...... 96°16′00″ 27°33′15″ ...... 96°28′16″ 27°33′06″ ...... 96°30′21″ (8) Freeport Harbor Safety Fairway. The area between rhumb lines joining (5) Aransas Pass Anchorage Areas. The points at: areas enclosed by rhumb lines joining points at: Latitude North Longitude West

Latitude North Longitude West 28°55′19″ ...... 95°17′46″ 28°52′58″ ...... 95°16′06″ 27°49′54″ ...... 96°59′56″ 28°44′52″ ...... 95°07′43″ 27°45′22″ ...... 96°51′19″ 28°43′32″ ...... 95°06′18″ 27°51′46″ ...... 96°40′12″ 28°04′48″ ...... 94°26′12″ 27°53′36″ ...... 96°56′30″ 27°49′54″ ...... 96°59′56″ and rhumb lines joining points at:

and rhumb lines joining points at: Latitude North Longitude West

Latitude North Longitude West 28°55′59″ ...... 95°16′55″ 28°54′05″ ...... 95°14′10″ 27°45′14″ ...... 96°55′26″ 28°45′58″ ...... 95°5′48″ 27°43′00″ ...... 96°55′27″ 28°44′39″ ...... 95°04′22″ 27°44′09″ ...... 96°53′25″ 28°07′46″ ...... 94°26′12″ 27°45′14″ ...... 96°55′26″ (9) Freeport Harbor Anchorage Areas. (6) Matagorda Entrance Safety Fair- The areas enclosed by rhumb lines join- way. The areas between rhumb lines ing points at: joining points at: Latitude North Longitude West Latitude North Longitude West 28°52′58″ ...... 95°16′06″ 28°24′50″ ...... 96°19′38″ 28°44′52″ ...... 95°07′43″ 28°22′16″ ...... 96°17′40″ 28°42′24″ ...... 95°12′00″ 28°14′48″ ...... 96°09′42″ 28°51′30″ ...... 95°18′42″ 28°11′24″ ...... 96°06′06″ 28°52′58″ ...... 95°16′06″ 28°10′06″ ...... 96°04′42″ 27°38′02″ ...... 95°49′39″ and rhumb lines joining points at:

with rhumb lines joining points at: Latitude North Longitude West

Latitude North Longitude West 28°54′05″ ...... 95°14′10″ 28°56′54″ ...... 95°09′18″ 28°25′31″ ...... 96°18′48″ 28°47′42″ ...... 95°02′42″

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Latitude North Longitude West and rhumb lines joining points at:

28°45′58″ ...... 95°05′48″ Latitude North Longitude West 28°54′05″ ...... 95°14′10″ 29°38′48″ ...... 93°48′59″ (10) Galveston Entrance Safety Fair- 29°37′32″ ...... 93°48′02″ 29°36′28″ ...... 93°47′14″ ways. The areas between rhumb lines 29°32′52″ ...... 93°43′00″ joining points at: 29°31′13″ ...... 93°41′04″ 29°29′20″ ...... 93°38′51″ Latitude North Longitude West 29°08′08″ ...... 93°38′52″ 28°39′02″ ...... 93°13′39″ 27°44′03″ ...... 94°26′12″ 28°36′15″ ...... 93°11′15″ 28°04′48″ ...... 94°26′12″ 27°52′09″ ...... 92°33′40″ 28°07′46″ ...... 94°26′12″ 29°06′24″ ...... 94°26′12″ 29°07′42″ ...... 94°27′48″ (13) Sabine Pass Anchorage Areas—(i) 29°18′10″ ...... 94°39′16″ Sabine Pass Inshore Anchorage Area. The 29°19′39″ ...... 94°41′33″ area enclosed by rhumb lines joining ° ′ ″ ° ′ ″ 29 20 44 ...... 94 40 44 points at: 29°19′23″ ...... 94°37′08″ 29°10′30″ ...... 94°22′54″ 29°10′17″ ...... 94°22′30″ Latitude North Longitude West ° ′ ″ ° ′ ″ 29 09 06 ...... 94 20 36 ° ′ ″ ° ′ ″ 28°17′17″ ...... 92°57′59″ 29 37 32 ...... 93 48 02 29°37′32″ ...... 93°21′25″ 29°32′52″ ...... 93°43′00″ and rhumb lines joining points at: 29°36′28″ ...... 93°47′14″

Latitude North Longitude West (ii) Sabine Bank Offshore (North) An- 27°44′13″ ...... 94°23′57″ chorage Area. The area enclosed by 29°06′24″ ...... 94°23′55″ rhumb lines joining points at: 29°07′41″ ...... 94°22′23″ 28°11′57″ ...... 92°53′25″ Latitude North Longitude West

(11) Galveston Entrance Anchorage 29°26′06″ ...... 93°43′00″ 29°26′06″ ...... 93°41′08″ Areas. The areas enclosed by rhumb 29°24′06″ ...... 93°41′08″ lines joining points at: 29°24′06″ ...... 93°43′00″

Latitude North Longitude West (iii) Sabine Bank Offshore (South) An- 29°18′10″ ...... 94°39′16″ chorage Area. The area enclosed by 29°08′04″ ...... 94°28′12″ rhumb lines joining points at: 29°03′13″ ...... 94°36′48″ 29°14′48″ ...... 94°45′12″ Latitude North Longitude West 29°18′10″ ...... 94°39′16″ 29°16′55″ ...... 93°43′00″ 29°16′55″ ...... 93°41′08″ and rhumb lines joining points at: 29°14′29″ ...... 93°41′08″ 29°14′29″ ...... 93°43′00″ Latitude North Longitude West

29°19′23″ ...... 94°37′08″ (iv) Sabine Bank Offshore (East) An- 29°22′18″ ...... 94°32′00″ chorage Area. The area enclosed by ° ′ ″ ° ′ ″ 29 14 23 ...... 94 25 53 rhumb lines joining points at: 29°13′24″ ...... 94°27′33″ 29°19′23″ ...... 94°37′08″ Latitude North Longitude West

(12) Sabine Pass Safety Fairway. The 29°26′06″ ...... 93°38′52″ 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°38′25″ ...... 93°50′02″ Brazos Santiago Pass to Aransas Pass. 29°35′19″ ...... 93°49′10″ 29°33′00″ ...... 93°46′26″ The areas between rhumb lines joining 29°32′03″ ...... 93°46′44″ points at: 29°30′39″ ...... 93°43′41″ 29°28′30″ ...... 93°41′09″ Latitude North Longitude West 29°07′28″ ...... 93°41′08″ 28°17′17″ ...... 92°57′59″ 26°04′12″ ...... 96°59′30″ 28°11′57″ ...... 92°53′25″ 26°09′00″ ...... 96°59′30″ 27°51′58″ ...... 92°36′20″ 27°46′26″ ...... 96°57′40″

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and rhumb lines joining points at: Latitude North Longitude West

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

with rhumb lines joining points at: Latitude North Longitude West

Latitude North Longitude West 29°43′24″ ...... 93°00′18″ 29°42′00″ ...... 93°00′18″ 27°40′36″ ...... 96°55′30″ 27°42′47″ ...... 96°51′39″ 27°44′35″ ...... 96°48′31″ and 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 43 33 ...... 93 00 48 29°42′00″ ...... 93°00′48″ 29°06′24″ ...... 94°26′12″ 29°06′24″ ...... 94°23′55″ 29°07′41″ ...... 94°22′23″ (18) Freshwater Bayou Safety Fairway. 29°09′06″ ...... 94°20′36″ The area between lines joining points 29°27′40″ ...... 93°57′18″ at: 29°30′39″ ...... 93°43′41″ 29°31′13″ ...... 93°41′04″ Latitude North Longitude West 29°33′56″ ...... 93°28′35″ ° ′ ″ ° ′ ″ 29 32 57 ...... 93 17 00 29°31′59″ ...... 92°18′45″ 29°31′10″ ...... 92°18′54″ (15) Calcasieu Pass Safety Fairway. 29°31′13″ ...... 92°19′14″ ° ′ ″ ° ′ ″ The areas between rhumb lines joining 29 27 44 ...... 92 19 53 points at: and a line joining points at: Latitude North Longitude West Latitude North Longitude West 29°45′00″ ...... 93°20′58″ 29°40′56″ ...... 93°20′18″ 29°27′34″ ...... 92°18′45″ ° ′ ″ ° ′ ″ 29°38′18″ ...... 93°20′42″ 29 31 03 ...... 92 18 06 ° ′ ″ ° ′ ″ 29°37′32″ ...... 93°21′25″ 29 31 06 ...... 92 18 26 ° ′ ″ ° ′ ″ 29°32′57″ ...... 93°17′00″ 29 31 55 ...... 92 18 17 29°31′08″ ...... 93°14′38″ 28°39′02″ ...... 93°13′39″ (19) Southwest Pass Safety Fairway. The area between lines joining points and rhumb lines joining points at: at:

1005

VerDate Sep<11>2014 09:24 Sep 27, 2017 Jkt 241138 PO 00000 Frm 01015 Fmt 8010 Sfmt 8010 Y:\SGML\241138.XXX 241138 nlaroche on DSK30NT082PROD with CFR § 166.200 33 CFR Ch. I (7–1–17 Edition)

Latitude North Longitude West (23) Belle Pass Safety Fairway. The area between a line joining points at: 29°34′48″ ...... 92°03′12″ ° ′ ″ ° ′ ″ 29 30 48 ...... 92 07 00 Latitude North Longitude West 29°23′30″ ...... 92°08′24″ 29°05′06″ ...... 90°14′07″ and lines joining points at: 29°02′50″ ...... 90°14′46″

Latitude North Longitude West and a line joining points at: 29°34′24″ ...... 92°02′24″ Latitude North Longitude West 29°30′24″ ...... 92°06′12″ ° ′ ″ ° ′ ″ 29 23 24 ...... 92 07 30 29°02′56″ ...... 90°13′48″ 29°05′06″ ...... 90°13′10″ (20) Atchafalaya Pass Safety Fairway. The area between a line joining points (24) Barataria Pass Safety Fairway. at: The area between a line joining points at: Latitude North Longitude West

29°22′36″ ...... 91°23′28″ Latitude North Longitude West 29°14′42″ ...... 91°30′28″ 29°16′00″ ...... 89°57′00″ 29°14′54″ ...... 89°55′48″ and a line joining points at:

Latitude North Longitude West and a line joining points at:

29°14′05″ ...... 91°29′34″ Latitude North Longitude West 29°21′59″ ...... 91°22′34″ 29°16′30″ ...... 89°56′06″ ° ′ ″ ° ′ ″ (21) Bayou Grand Caillou Safety Fair- 29 15 18 ...... 89 55 00 way. The area between a line joining (25) Grand Bayou Pass Safety Fairway. points at: The areas between a line joining points Latitude North Longitude West at:

29°10′59″ ...... 90°57′26″ Latitude North Longitude West 29°05′24″ ...... 90°58′10″ 29°01′08″ ...... 91°00′44″ 29°17′36″ ...... 89°41′36″ 29°16′48″ ...... 89°42′12″ and a line joining points at: and a line joining points at: Latitude North Longitude West Latitude North Longitude West 29°00′40″ ...... 90°59′43″ 29°05′06″ ...... 90°57′03″ 29°17′18″ ...... 89°40′36″ 29°09′46″ ...... 90°56′27″ 29°16′18″ ...... 89°41′18″

(22) Cat Island Pass Safety Fairway. (26) Empire to the Gulf Safety Fairway. The area between lines joining points The area between a line joining points at: at:

Latitude North Longitude West Latitude North Longitude West

29°05′57″ ...... 90°34′32″ 29°15′22″ ...... 89°36′55″ 29°04′56″ ...... 90°35′09″ 29°13′52″ ...... 89°37′15″ 29°03′14″ ...... 90°35′10″ 29°03′14″ ...... 90°35′17″ 29°01′24″ ...... 90°34′55″ and a line joining points at:

Latitude North Longitude West and lines joining points at: 29°13′24″ ...... 89°36′11″ Latitude North Longitude West 29°14′54″ ...... 89°35′51″

29°06′00″ ...... 90°34′21″ 29°05′31″ ...... 90°34′12″ (27) Gulf Safety Fairway. Aransas Pass 29°03′13″ ...... 90°34′13″ Safety Fairway to Southwest Pass Safety 29°03′13″ ...... 90°34′07″ Fairway. The areas between rhumb ° ′ ″ ° ′ ″ 29 01 34 ...... 90 33 47 lines joining points at:

1006

VerDate Sep<11>2014 09:24 Sep 27, 2017 Jkt 241138 PO 00000 Frm 01016 Fmt 8010 Sfmt 8010 Y:\SGML\241138.XXX 241138 nlaroche on DSK30NT082PROD with CFR Coast Guard, DHS § 166.200

Latitude North Longitude West (iii) Southwest Pass (Mississippi River) to South Pass (Mississippi River) Safety 27°33′06″ ...... 96°30′21″ 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) Latitude North Longitude West Safety Fairway—(i) Southwest Pass (Mis- sissippi River) to Gulf Safety Fairway. 28°53′30″ ...... 89°23′48″ 28°53′30″ ...... 89°21′48″ The area enclosed by rhumb lines join- 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:

Latitude North Longitude West Latitude North Longitude West ° ′ ″ ° ′ ″ 28°54′18″ ...... 89°25′46″ 28 59 18 ...... 89 08 30 ° ′ ″ ° ′ ″ 28°53′30″ ...... 89°25′18″ 28 58 42 ...... 89 07 30 ° ′ ″ ° ′ ″ 28°53′30″ ...... 89°23′48″ 28 58 09 ...... 89 08 30 ° ′ ″ ° ′ ″ 28°50′40″ ...... 89°24′48″ 28 55 56 ...... 89 03 09 ° ′ ″ ° ′ ″ 28°48′48″ ...... 89°24′48″ 28 54 55 ...... 89 00 44 ° ′ ″ ° ′ ″ 28°47′24″ ...... 89°26′30″ 28 54 15 ...... 88 59 00 28°00′36″ ...... 90°08′18″ and rhumb lines joining points at: (ii) Southwest Pass (Mississippi River) to Sea Safety Fairway. The area en- Latitude North Longitude West closed by rhumb lines joining points at: East jetty light: 28°59′24″ ...... 89°08′12″ Latitude North Longitude West 29°00′09″ ...... 89°07′24″ 29°00′00″ ...... 89°07′00″ 28°54′33″ ...... 89°26′07″ 28°57′56″ ...... 89°02′18″ 28°52′42″ ...... 89°27′06″ 28°57′18″ ...... 89°00′48″ 28°50′00″ ...... 89°27′06″ 28°56′16″ ...... 88°58′29″ 28°47′24″ ...... 89°26′30″ 28°55′42″ ...... 88°57′06″ 28°36′28″ ...... 89°18′45″ (ii) South Pass (Mississippi River) to and rhumb lines joining points at: Mississippi River-Gulf Outlet Channel Safety Fairway. The areas between Latitude North Longitude West rhumb lines joining points at: 28°54′18″ ...... 89°25′46″ 28°53′30″ ...... 89°25′18″ Latitude North Longitude West 28°53′30″ ...... 89°23′48″ 28°50′40″ ...... 89°24′48″ 28°57′18″ ...... 89°00′48″ 28°48′48″ ...... 89°24′48″ 29°04′18″ ...... 88°48′31″ 28°45′06″ ...... 89°22′12″ 29°24′35″ ...... 88°57′17″ 28°43′27″ ...... 89°21′01″ ° ′ ″ ° ′ ″ 28 37 54 ...... 89 17 06 and rhumb lines joining points at:

1007

VerDate Sep<11>2014 09:24 Sep 27, 2017 Jkt 241138 PO 00000 Frm 01017 Fmt 8010 Sfmt 8010 Y:\SGML\241138.XXX 241138 nlaroche on DSK30NT082PROD with CFR § 166.200 33 CFR Ch. I (7–1–17 Edition)

Latitude North Longitude West Latitude North Longitude West

28°56′16″ ...... 88°58′29″ 29°32′12″ ...... 88°55′42″ 29°03′30″ ...... 88°45′42″ 29°29′57″ ...... 88°54′48″ 29°23′06″ ...... 88°54′11″ 29°26′38″ ...... 88°58′43″ 29°26′28″ ...... 88°55′39″ (ii) The areas within rhumb lines (31) South Pass (Mississippi River) An- joining points at: chorage. The areas within rhumb lines joining points at: Latitude North Longitude West

Latitude North Longitude West 29°26′28″ ...... 88°55′39″ 29°27′54″ ...... 88°53′54″ 29°00′00″ ...... 89°07′00″ 29°24′33″ ...... 88°52′27″ 29°03′36″ ...... 89°02′18″ 29°23′06″ ...... 88°54′11″ 28°57′56″ ...... 89°02′18″ (34) Gulfport Safety Fairway. The (32) Mississippi River-Gulf Outlet Safety areas between rhumb lines joining Fairway. (i) The areas between rhumb points at: lines joining points at: Latitude North Longitude West Latitude North Longitude West 30°20′54″ ...... 89°05′36″ 29°42′10″ ...... 89°25′49″ 30°13′56″ ...... 88°59′42″ 29°29′33″ ...... 89°07′47″ 30°11′09″ ...... 88°59′56″ ° ′ ″ ° ′ ″ 29 27 14 ...... 89 03 20 30°06′45″ ...... 88°56′24″ ° ′ ″ ° ′ ″ 29 24 38 ...... 89 00 00 30°05′42″ ...... 88°56′24″ 29°24′35″ ...... 88°57′17″ and rhumb lines joining points at: and rhumb lines joining points at: Latitude North Longitude West Latitude North Longitude West 30°21′27″ ...... 89°04′38″ 29°42′29″ ...... 89°25′31″ ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 30 14 11 ...... 88 58 29 29 29 53 ...... 89 07 31 30°11′29″ ...... 88°58′45″ 29°27′01″ ...... 89°01′54″ 30°07′42″ ...... 88°55′37″ 29°26′38″ ...... 88°58′43″

(ii) Mississippi River-Gulf Outlet Chan- (35) Biloxi Safety Fairway. The area nel to Mobile Ship Channel Safety Fair- between lines joining points at: way. The areas within rhumb lines Latitude North Longitude West joining points at: 30°24′06″ ...... 88°50′57″ Latitude North Longitude West 30°23′15″ ...... 88°50′22″ 30°21′11″ ...... 88°47′36″ 29°26′38″ ...... 88°58′43″ 30°20′13″ ...... 88°47′04″ 29°29′57″ ...... 88°54′48″ 30°15′06″ ...... 88°47′06″ 29°38′59″ ...... 88°44′04″ 30°13′09″ ...... 88°47′46″ 29°56′43″ ...... 88°20′50″ 30°12′23″ ...... 88°49′02″ 29°58′03″ ...... 88°19′05″ 30°05′29″ ...... 88°09′19″ and lines joining points at:

and rhumb lines joining points at: Latitude North Longitude West

Latitude North Longitude West 30°24′27″ ...... 88°50′31″ 30°23′57″ ...... 88°49′31″ 29°26′28″ ...... 88°55′39″ 30°21′42″ ...... 88°46′36″ ° ′ ″ ° ′ ″ 29 27 54 ...... 88 53 54 30°20′25″ ...... 88°45′55″ ° ′ ″ ° ′ ″ 29 37 32 ...... 88 42 28 30°14′57″ ...... 88°45′57″ ° ′ ″ ° ′ ″ 29 55 14 ...... 88 19 15 30°12′56″ ...... 88°46′39″ ° ′ ″ ° ′ ″ 29 56 34 ...... 88 17 30 30°12′00″ ...... 88°45′25″ 30°03′50″ ...... 88°08′01″ 30°05′15″ ...... 88°06′05″ (36) Ship Island Pass to Horn Island (33) Mississippi River-Gulf Outlet An- Pass Safety Fairway. The areas between chorage. (i) The areas within rhumb rhumb line joining points at: lines joining points at: Latitude North Longitude West

Latitude North Longitude West 30°05′42″ ...... 88°56′24″ 30°06′38″ ...... 88°31′26″ 29°27′01″ ...... 89°01′54″

1008

VerDate Sep<11>2014 09:24 Sep 27, 2017 Jkt 241138 PO 00000 Frm 01018 Fmt 8010 Sfmt 8010 Y:\SGML\241138.XXX 241138 nlaroche on DSK30NT082PROD with CFR Coast Guard, DHS § 166.200

and rhumb line joining points at: Latitude North Longitude West

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

Latitude North Longitude West and rhumb line joining points at: 30°39′55″ ...... 88°01′15″ Latitude North Longitude West 30°37′06″ ...... 88°01′23″ 30°26′11″ ...... 88°00′11″ ° ′ ″ ° ′ ″ 30 20 30 ...... 88 33 18 30°16′18″ ...... 88°01′35″ ° ′ ″ ° ′ ″ 30 18 39 ...... 88 31 25 30°13′52″ ...... 88°01′12″ 30°13′14″ ...... 88°01′12″ and rhumb line joining points at: 30°10′36″ ...... 88°01′35″ 30°08′04″ ...... 88°00′36″ Latitude North Longitude West (ii) Mobile Ship Channel to Sea Safety 30°20′26″ ...... 188°31′25″ 30°18′39″ ...... 188°31′25″ Fairway. The areas between rhumb lines joining points at:

and rhumb lines joining points at: Latitude North Longitude West

Latitude North Longitude West 30°05′15″ ...... 88°01′13″ ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 30 03 50 ...... 88 00 00 30 19 21 ...... 88 30 12 ° ′ ″ ° ′ ″ 30°17′25″ ...... 88°30′12″ 29 25 46 ...... 87 29 13 30°12′46″ ...... 88°29′42″ 30°11′21″ ...... 88°31′00″ and rhumb line joining points at: 30°09′33″ ...... 88°29′48″ 30°07′30″ ...... 88°29′09″ 29°58′03″ ...... 88°19′05″ Latitude North Longitude West ° ′ ″ ° ′ ″ 29 56 34 ...... 88 17 30 ° ′ ″ ° ′ ″ 29°20′48″ ...... 87°39′31″ 30 06 17 ...... 87 59 15 29°27′00″ ...... 87°27′18″ (38) Horn Island Pass to Mobile Ship (iii) Mobile to Pensacola Safety Fair- Channel Safety Fairway. The areas between rhumb line joining points at: way. The areas between rhumb line joining points at: Latitude North Longitude West Latitude North Longitude West 30°09′33″ ...... 88°29′48″ 30°07′15″ ...... 88°06′54″ 30°08′04″ ...... 88°00′36″ 30°14′20″ ...... 87°19′05″ and rhumb line joining points at: and rhumb line joining points at: Latitude North Longitude West Latitude North Longitude West 30°07′30″ ...... 88°29′09″ 30°05′29″ ...... 88°09′19″ 30°06′17″ ...... 87°59′15″ 30°12′31″ ...... 87°18′00″ (39) Mobile Safety Fairway—(i) Mobile Ship Channel Safety Fairway. The areas (40) Mobile Anchorage. The areas with- between rhumb lines joining points at: in rhumb lines joining points at:

1009

VerDate Sep<11>2014 09:24 Sep 27, 2017 Jkt 241138 PO 00000 Frm 01019 Fmt 8010 Sfmt 8010 Y:\SGML\241138.XXX 241138 nlaroche on DSK30NT082PROD with CFR § 166.200 33 CFR Ch. I (7–1–17 Edition)

Latitude North Longitude West Latitude North Longitude West

30°05′15″ ...... 88°06′05″ 30°16′28″ ...... 87°16′32″ 30°05′15″ ...... 88°01′13″ 30°17′14″ ...... 87°11′52″ 30°03′50″ ...... 88°00′00″ 30°15′14″ ...... 87°11′52″ 30°03′50″ ...... 88°08′01″ 30°14′32″ ...... 87°16′06″

(41) Pensacola Safety Fairway. The (43) Pensacola to Panama City Safety areas between rhumb lines joining Fairway. The area between rhumb lines points at: joining points at:

Latitude North Longitude West Latitude North Longitude West

30°23′41″ ...... 87°14′34″ 30°14′32″ ...... 87°16′06″ 30°23′06″ ...... 87°13′53″ 30°15′14″ ...... 87°11′52″ 30°22′54″ ...... 87°13′53″ 30°18′45″ ...... 86°50′00″ 30°20′47″ ...... 87°15′45″ 30°18′00″ ...... 86°20′00″ 29°51′30″ ...... 85°47′33″ and rhumb lines joining points at: and rhumb lines joining points at: Latitude North Longitude West Latitude West Longitude West 30°18′43″ ...... 87°19′24″ 30°15′57″ ...... 87°18′19″ 30°12′33″ ...... 87°15′43″ 30°14′20″ ...... 87°19′05″ 30°16′44″ ...... 86°49′49″ 30°12′31″ ...... 87°18′00″ 30°16′01″ ...... 86°20′57″ 30°10′03″ ...... 87°18′00″ 29°48′45″ ...... 85°47′33″ 29°37′00″ ...... 87°18′00″ (44) Panama City Safety Fairways. The and rhumb lines joining points at: areas between rhumb lines joining points at: Latitude North Longitude West Latitude North Longitude West 30°26′27″ ...... 87°08′28″ 30°25′35″ ...... 87°10′30″ 30°09′24″ ...... 85°40′12″ 30°09′21″ ...... 85°41′40″ and rhumb lines joining points at: 30°07′36″ ...... 85°44′20″ 30°06′32″ ...... 85°47′33″ 29°51′30″ ...... 85°47′33″ Latitude North Longitude West 29°48′45″ ...... 85°47′33″ ° ′ ″ ° ′ ″ 30°24′36″ ...... 87°07′07″ 29 03 30 ...... 85 47 33 30°22′57″ ...... 87°09′38″ 30°22′36″ ...... 87°11′50″ and rhumb lines joining points at: 30°19′21″ ...... 87°14′46″ ° ′ ″ ° ′ ″ 30 19 52 ...... 87 17 31 Latitude North Longitude West

and rhumb lines joining points at: 30°08′34″ ...... 85°40′16″ 30°07′55″ ...... 85°41′50″ 30°06′49″ ...... 85°43′28″ Latitude North Longitude West 30°04′40″ ...... 85°45′15″ ° ′ ″ ° ′ ″ 30°19′15″ ...... 87°17′37″ 29 55 27 ...... 85 45 15 ° ′ ″ ° ′ ″ 30°16′28″ ...... 87°16′32″ 29 51 20 ...... 85 45 15 ° ′ ″ ° ′ ″ 30°14′32″ ...... 87°16′06″ 29 49 19 ...... 85 45 15 ° ′ ″ ° ′ ″ 30°12′33″ ...... 87°15′43″ 29 00 00 ...... 85 45 15 29°42′30″ ...... 87°15′43″ (45) Panama City Anchorage. The area (42) Pensacola Anchorage. (i) The area within rhumb lines joining points at: within rhumb lines joining points at: Latitude North Longitude West Latitude North Longitude West 29°55′27″ ...... 85°45′15″ 30°11′49″ ...... 87°22′41″ 29°55′27″ ...... 85°42′25″ 30°12′31″ ...... 87°18′00″ 29°51′39″ ...... 85°42′25″ 30°10′03″ ...... 87°18′00″ 29°51′20″ ...... 85°45′15″ 30°09′21″ ...... 87°22′41″ (46) Port St. Joe Fairway to Panama (ii) The area within rhumb lines join- City Fairway. The area between rhumb ing points at: lines joining points at:

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Latitude North Longitude West [North American Datum of 1927 (NAD– 27)] joining points at: 29°49′54″ ...... 85°19′24″ ° ′ ″ ° ′ ″ 29 50 59 ...... 85 22 25 Latitude North Longitude West 29°53′32″ ...... 85°22′25″ ° ′ ″ ° ′ ″ 29 54 12 ...... 85 24 00 27°36′48″ ...... 83°05′06″ ° ′ ″ ° ′ ″ 29 54 12 ...... 85 25 55 27°39′00″ ...... 83°05′06″ ° ′ ″ ° ′ ″ 29 52 58 ...... 85 28 43 27°39′00″ ...... 83°01′00″ ° ′ ″ ° ′ ″ 29 53 00 ...... 85 29 48 27°36′48″ ...... 83°01′00″ 29°51′39″ ...... 85°42′25″ 29°51′20″ ...... 85°45′15″ (50) Charlotte Safety Fairways. The area between rhumb lines joining and rhumb lines joining points at: points at: Latitude North Longitude West Latitude North Longitude West 29°48′22″ ...... 85°18′12″ 26°41′18″ ...... 82°19′00″ 29°47′21″ ...... 85°21′00″ 25°30′00″ ...... 84°22′00″ 29°50′42″ ...... 85°23′31″ 29°52′51″ ...... 85°23′36″ 29°53′10″ ...... 85°24′18″ and rhumb lines joining points at: 29°53′10″ ...... 85°25′33″ ° ′ ″ ° ′ ″ 29 51 57 ...... 85 28 19 Latitude North Longitude West 29°51′04″ ...... 85°29′00″ 29°50′40″ ...... 85°32′39″ 26°40′19″ ...... 82°18′28″ 29°49′19″ ...... 85°45′15″ 26°38′30″ ...... 82°19′54″ 26°39′00″ ...... 82°19′00″ (47) Port St. Joe Anchorage. The area 25°28′00″ ...... 84°21′30″ within rhumb lines joining points at: (51) Charlotte Anchorage. The area Latitude North Longitude West within rhumb lines joining points at: ° ′ ″ ° ′ ″ 29 50 40 ...... 85 32 39 Latitude North Longitude West 29°51′04″ ...... 85°29′00″ 29°49′18″ ...... 85°30′18″ 26°39′00″ ...... 82°19′00″ 26°38′12″ ...... 82°18′24″ (48) Tampa Safety Fairways. The area 26°37′36″ ...... 82°19′18″ ° ′ ″ ° ′ ″ between rhumb lines joining points at: 26 38 30 ...... 82 19 54

Latitude North Longitude West (52) Louisiana Offshore Oil Port (LOOP) Shipping Safety Fairway to Safe- 27°37′48″ ...... 82°45′54″ ty Zone—(i) North of Gulf Safety Fair- 27°36′48″ ...... 82°55′54″ 27°36′48″ ...... 83°00′00″ way. The two mile wide area enclosed 27°36′48″ ...... 84°39′10″ by rhumb lines joining points at:

and rhumb lines joining points at: Latitude North Longitude West 28°48′36″ ...... 89°55′00″ Latitude North Longitude West 28°48′14″ ...... 89°54′17″ 28°45′47″ ...... 89°54′19″ ° ′ ″ ° ′ ″ 27 35 54 ...... 82 45 42 28°36′06″ ...... 89°55′44″ 27°34′48″ ...... 82°55′54″ ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 28 18 30 ...... 89 55 15 27 34 48 ...... 83 00 00 28°20′58″ ...... 89°53′03″ 27°34′48″ ...... 84°39′00″ 28°36′09″ ...... 89°53′28″ 28°49′07″ ...... 89°51′30″ (49) Tampa Anchorages—(i) Eastern 28°50′20″ ...... 89°53′51″ Tampa Fairway Anchorage. The area enclosed by rhumb lines [North American (ii) South of Gulf Safety Fairway. The Datum of 1927 (NAD–27)] joining points two-mile-wide area enclosed by rhumb at: lines joining points at:

Latitude North Longitude West Latitude North Longitude West

27°36′48″ ...... 83°00′00″ 28°15′20″ ...... 89°55′10″ 27°39′00″ ...... 83°00′00″ 27°46′29″ ...... 89°54′23″ 27°39′00″ ...... 82°55′54″ 27°46′32″ ...... 89°52′08″ 27°36′48″ ...... 82°55′54″ 28°17′48″ ...... 89°52′58″

(ii) Western Tampa Fairway Anchor- (53) Heald Bank Cutoff Safety Fairway. age. The area enclosed by rhumb lines The area enclosed by rhumb lines

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[North American Datum of 1927 (NAD– (b) Designated Areas—(1) Prince Wil- 27)], joining points at: liam Sound Safety Fairway. (i) Hinchinbrook Entrance Safety Fairway. Latitude North Longitude West The area enclosed by rhumb lines join- 28°57′15″ ...... 94°23′55″ ing points at: 28°51′30″ ...... 93°56′30″ 28°48′30″ ...... 93°51′45″ Latitude Longitude 28°55′15″ ...... 94°23′55″ 59°59′00″ N 145°27′24″ W 60°13′18″ N 146°38′06″ W [CGD 81–040, 47 FR 20581, May 13, 1982] 60°11′24″ N 146°47′00″ W 59°55′00″ N 145°42′00″ W EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 166.200, see the List of CFR (ii) Gulf to Hinchinbrook Safety Fair- Sections Affected, which appears in the way (recommended for inbound vessel Finding Aids section of the printed volume traffic). The area enclosed by rhumb and at www.fdsys.gov. 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 this section are established to control 59°58′00″ N 145°32′12″ W the erection of structures therein to 59°14′18″ N 144°04′53″ W provide safe vessel routes along the coast of California. (iii) Hinchinbrook to Gulf Safety Fair- (b) Designated Areas—(1) Port Hueneme way (recommended for outbound vessel Safety Fairway. An area one nautical traffic). The area enclosed by rhumb mile in width centered on the aline- lines joining points at: ment of Port Hueneme Entrance Chan- Latitude Longitude nel and extending seaward from the 30- foot-depth curve for a distance of 1.5 59°15′41″ N 144°23′35″ W 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 at the 3-mile limit, all between lines joining the following points: (2) Unimak Pass Safety Fairway. (i) East/West Safety Fairway. The area en- Latitude Longitude closed by rhumb lines joining points at: ° ′ ″ ° ′ ″ 34 06 30 N 119 15 00 W Latitude Longitude 34°07′37″ N 119°14′25″ W 34°08′49″ N 119°13′21″ W 54°25′58″ N 165°42′24″ W 54°22′50″ N 165°06′54″ W thence generally along the 30-foot-depth 54°22′10″ N 164°59′29″ W curve to the seaward end of the west en- 54°07′58″ N 162°19′25″ W ° ′ ″ ° ′ ″ trance jetty; seaward end of the east en- 54 04 02 N 162 20 35 W 54°22′02″ N 165°43′36″ W trance jetty, thence generally along the 30- foot-depth curve to: (ii) North/South Safety Fairway. The Latitude Longitude area enclosed by rhumb lines joining points at: 34°08′21″ N 119°12′15″ W 34°07′10″ N 119°13′20″ W Latitude Longitude 34°05′48″ N 119°13′23″ W 54°42′28″ N 165°16′19″ W (2) [Reserved] 54°43′32″ N 165°09′41″ W 54°22′50″ N 165°06′54″ W [CGD 82–101, 48 FR 49019, Oct. 24, 1983] 54°22′10″ N 164°59′29″ W

§ 166.400 Areas along the coast of Alas- [CGD 81–103, 51 FR 43349, Dec. 2, 1986] ka. (a) Purpose. Fairways, as described in § 166.500 Areas along the Atlantic this section, are established to control Coast. the erection of structures therein to (a) Purpose. Fairways, as described in provide safe vessel routes along the this section are established to control coast of Alaska. the erection of structures therein to

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provide safe vessel routes along the At- 167.77 In the approach to Boston, MA: Traf- lantic Coast. fic separation scheme. (b) Designated Areas—(1) Off New York 167.100 In the approaches to Narragansett Bay, RI, and Buzzards Bay, MA: General. Shipping Safety Fairway. (i) Ambrose to 167.101 In the approaches to Narragansett Nantucket Safety Fairway. The area Bay, RI, and Buzzards Bay, MA: Pre- enclosed by rhumb lines, [North Amer- cautionary areas. ican Datum of 1927 (NAD–27)] joining 167.102 In the approaches to Narragansett points at: Bay, RI, and Buzzards Bay, MA: Narra- gansett Bay approach. Latitude Longitude 167.103 In the approaches to Narragansett Bay, RI, and Buzzards Bay, MA: Buzzards ° ′ ″ ° ′ ″ 40 32 20 N 73 04 57 W Bay approach. 40°30′58″ N 72°58′25″ W ° ′ ″ ° ′ ″ 40 34 07 N 70 19 23 W ATLANTIC EAST COAST 40°35′37″ N 70°14′09″ W 40°30′37″ N 70°14′00″ W 167.150 Off New York Traffic Separation 40°32′07″ N 70°19′19″ W Scheme: General. 40°28′58″ N 72°58′25″ W 167.151 Off New York: Precautionary areas. 40°27′20″ N 73°04′57″ W 167.152 Off New York: Eastern approach, off Nantucket. (ii) Nantucket to Ambrose Safety Fair- 167.153 Off New York: Eastern approach. way. The area enclosed by rhumb lines, 167.154 Off New York: South-eastern ap- NAD–27, joining point at: proach. 167.155 Off New York: Southern approach. Latitude Longitude 167.170 Off Delaware Bay Approach Traffic Separation Scheme: General. ° ′ ″ ° ′ ″ 28 54 33 N 89 26 07 W 167.171 Off Delaware Bay: Eastern approach. ° ′ ″ ° ′ ″ 40 24 20 N 73 04 58 W 167.172 Off Delaware Bay: Southeastern ap- 40°22′58″ N 72°58′26″ W 40°26′07″ N 70°19′09″ W proach. 40°27′37″ N 70°13′46″ W 167.173 Off Delaware Bay: Two-Way Traffic 40°22′37″ N 70°13′36″ W Route. 40°24′07″ N 70°19′05″ W 167.174 Off Delaware Bay: Precautionary 40°20′58″ N 72°58′26″ W area. 40°19′20″ N 73°04′58″ W 167.200 In the approaches to Chesapeake Bay Traffic Separation Scheme: General. 167.201 In the approaches to Chesapeake [CGD 84–004, 52 FR 33589, Sept. 4, 1987; 52 FR Bay: Precautionary area. 36248, Sept. 28, 1987] 167.202 In the approaches to Chesapeake Bay: Eastern approach. PART 167—OFFSHORE TRAFFIC 167.203 In the approaches to Chesapeake SEPARATION SCHEMES Bay: Southern approach. 167.250 In the approaches to the Cape Fear River: General. Subpart A—General 167.251 In the approaches to the Cape Fear Sec. River: Precautionary area. 167.1 Purpose. 167.252 In the approaches to the Cape Fear 167.3 Geographic coordinates. River: Traffic separation scheme. 167.5 Definitions. ATLANTIC GULF COAST 167.10 Operating rules. 167.15 Modification of schemes. 167.350 In the approaches to Galveston Bay Traffic Separation Scheme and pre- Subpart B—Description of Traffic Separa- cautionary areas. tion Schemes and Precautionary Areas PACIFIC WEST COAST 167.50 In the approaches to Portland, ME: 167.400 Off San Francisco Traffic Separation General. Scheme: General. 167.51 In the approaches to Portland, ME: 167.401 Off San Francisco: Precautionary Precautionary area. area. 167.52 In the approaches to Portland, ME: 167.402 Off San Francisco: Northern ap- Eastern approach. proach. 167.53 In the approaches to Portland, ME: 167.403 Off San Francisco: Southern ap- Southern approach. proach. 167.75 In the approach to Boston, MA: Gen- 167.404 Off San Francisco: Western ap- eral. proach. 167.76 In the approach to Boston, MA: Pre- 167.405 Off San Francisco: Main ship chan- cautionary areas. nel.

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167.406 Off San Francisco: Area to be avoid- Subpart A—General ed. 167.450 In the Santa Barbara Channel Traf- § 167.1 Purpose. fic Separation Scheme: General. 167.451 In the Santa Barbara Channel: Be- The purpose of the regulations in this tween Point Vicente and Point Concep- part is to establish and designate traf- tion. fic separation schemes and pre- 167.452 In the Santa Barbara Channel: Be- cautionary areas to provide access tween Point Conception and Point routes for vessels proceeding to and Arguello. from U.S. ports. 167.500 In the approaches to Los Angeles- Long Beach Traffic Separation Scheme: § 167.3 Geographic coordinates. General. 167.501 In the approaches to Los Angeles/ Geographic coordinates are defined Long Beach: Precautionary area. using North American 1927 Datum 167.502 In the approaches to Los Angeles- (NAD 27) unless indicated otherwise. Long Beach: Western approach. 167.503 In the approaches to Los Angeles- [CGD 90–039, 59 FR 21937, Apr. 28, 1994] Long Beach TSS: Southern approach. 167.1300 In the approaches to the Strait of § 167.5 Definitions. Juan de Fuca: General. (a) Area to be avoided means a routing 167.1301 In the approaches to the Strait of measure comprising an area within de- Juan de Fuca: Western approach. fined limits in which either navigation 167.1302 In the approaches to the Strait of Juan de Fuca: Southwestern approach. is particularly hazardous or it is excep- 167.1303 In the approaches to the Strait of tionally important to avoid casualties Juan de Fuca: Precautionary area ‘‘JF.’’ and which should be avoided by all 167.1310 In the Strait of Juan de Fuca: Gen- ships or certain classes of ships. eral. (b) Traffic separation scheme (TSS) 167.1311 In the Strait of Juan de Fuca: West- means a designated routing measure ern lanes. which is aimed at the separation of op- 167.1312 In the Strait of Juan de Fuca: posing streams of traffic by appro- Southern lanes. priate means and by the establishment 167.1313 In the Strait of Juan de Fuca: of traffic lanes. Northern lanes. (c) Traffic lane means an area within 167.1314 In the Strait of Juan de Fuca: East- ern lanes. defined limits in which one-way traffic 167.1315 In the Strait of Juan de Fuca: Pre- is established. Natural obstacles, in- cautionary area ‘‘PA.’’ cluding those forming separation 167.1320 In Puget Sound and its approaches: zones, may constitute a boundary. General. (d) Separation zone or line means a 167.1321 In Puget Sound and its approaches: zone or line separating the traffic lanes Rosario Strait. in which ships are proceeding in oppo- 167.1322 In Puget Sound and its approaches: site or nearly opposite directions; or Approaches to Puget Sound other than separating a traffic lane from the adja- Rosario Strait. cent sea area; or separating traffic 167.1323 In Puget Sound and its approaches: Puget Sound. lanes designated for particular classes 167.1330 In Haro Strait, Boundary Pass, and of ships proceeding in the same direc- the Strait of Georgia: General. tion. 167.1331 In Haro Strait and Boundary Pass. (e) Precautionary area means a rout- 167.1332 In the Strait of Georgia. ing measure comprising an area within 167.1700 In Prince William Sound: General. defined limits where ships must navi- 167.1701 In Prince William Sound: Pre- gate with particular caution and with- cautionary areas. in which the direction of traffic flow 167.1702 In Prince William Sound: Prince may be recommended. William Sound Traffic (f) Deep-water route means an inter- 167.1703 In Prince William Sound: Valdez nationally recognized routing measure Arm Traffic Separation Scheme. primarily intended for use by ships AUTHORITY: 33 U.S.C. 1223; Department of that, because of their draft in relation Homeland Security Delegation No. 0170.0. 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.

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(g) Two-way route means a route Subpart B—Description of Traffic within defined limits inside which two- Separation Schemes and Pre- way traffic is established, aimed at providing safe passage of ships through cautionary Areas waters where navigation is difficult or § 167.50 In the approaches to Portland, dangerous. ME: General. [CGD 81–080, 48 FR 36456, Aug. 11, 1983; 49 FR The traffic separation scheme in the 15548, Apr. 19, 1984, as amended by CGD 90– approaches to Portland, ME, consists 039, 59 FR 21937, Apr. 28, 1994; CGD 97–004, 65 of three parts: A precautionary area, FR 12945, Mar. 10, 2000; USCG–1999–5700, 65 FR 46605, July 31, 2000] an Eastern approach and a Southern approach. The specific areas in the § 167.10 Operating rules. traffic separation scheme in the approaches to Portland, ME, are de- The operator of a vessel in a TSS shall comply with Rule 10 of the Inter- scribed in §§ 167.51 through 167.53. national Regulations for Preventing [USCG–2010–0718, 75 FR 77533, Dec. 13, 2010] Collisions at Sea, 1972, as amended. § 167.51 In the approaches to Portland, § 167.15 Modification of schemes. ME: Precautionary area. (a) A traffic separation scheme or A precautionary area is established precautionary area described in this with a radius of 5.45 miles centered part may be permanently amended in upon geographical position 43°31.60′ N, accordance with 33 U.S.C. 1223 (92 Stat. 70°05.53′ W, the areas within separation 1473), and with international agree- zones and traffic lanes excluded. ments. (b) A traffic separation scheme or [USCG–2010–0718, 75 FR 77533, Dec. 13, 2010] precautionary area in this part may be § 167.52 In the approaches to Portland, temporarily adjusted by the Com- ME: Eastern approach. mandant of the Coast Guard in an emergency, or to accommodate oper- (a) A separation zone 1 mile wide is ations which would create an undue established and is centered upon the hazard for vessels using the scheme or following geographical positions: which would contravene Rule 10 of the International Regulations for Pre- Latitude Longitude venting Collisions at Sea, 1972. Adjust- 43°30.18′ N ...... 069°59.17′ W. ment may be in the form of a tem- 43°24.28′ N ...... 069°32.70′ W. porary traffic lane shift, a temporary suspension of a section of the scheme, (b) A traffic lane 1⁄2 miles wide is es- a temporary precautionary area over- tablished on each side of the separation laying a lane, or other appropriate zone. measure. Adjustments will only be made where, in the judgment of the [USCG–2010–0718, 75 FR 77533, Dec. 13, 2010] Coast Guard, there is no reasonable al- § 167.53 In the approaches to Portland, ternative means of conducting an oper- ME: Southern approach. ation and navigation safety will not be jeopardized by the adjustment. Notice (a) A separation zone 1 mile wide is of adjustments will be made in the ap- established and is centered upon the propriate Notice to Mariners and in the following geographical positions: FEDERAL REGISTER. Requests by members of the public for temporary adjust- Latitude Longitude ments to traffic separation schemes 43°27.00′ N ...... 70°03.48′ W. must be submitted 150 days prior to the 43°07.82′ N ...... 69°54.95′ W. time the adjustment is desired. Such Requests, describing the interference (b) A traffic lane 11⁄2 mile wide is es- that would otherwise occur to a TSS, tablished on each side of the separation should be submitted to the District zone. Commander of the Coast Guard Dis- trict in which the TSS is located. [USCG–2010–0718, 75 FR 77533, Dec. 13, 2010]

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§ 167.75 In the approach to Boston, tion zone and a line connecting the fol- MA: General. lowing geographical positions:

The traffic separation scheme (TSS) Latitude Longitude in the approach to Boston, MA, consists of three parts: Two precautionary 40°50.47′ N ...... 68°58.67′ W. areas and a TSS. The specific areas in 42°20.17′ N ...... 69°59.40′ W. ° ′ ° ′ the TSS in the approach to Boston, 42 22.71 N ...... 70 38.62 W. MA, are described in §§ 167.76 and 167.77. (c) A traffic lane for southbound traf- The geographic coordinates in §§ 167.76 fic is established between the separa- and 167.77 are defined using North tion zone and a line connecting the fol- American Datum 1983 (NAD 83), which lowing geographical positions: is equivalent to WGS 1984 datum. [USCG–2010–0718, 75 FR 77533, Dec. 13, 2010] Latitude Longitude 42°18.82′ N ...... 70°40.49′ W. § 167.76 In the approach to Boston, 42°16.39′ N ...... 70°02.88′ W. MA: Precautionary areas. 40°48.03′ N ...... 69°02.95′ W. (a) A precautionary area is established with a radius of 6.17 nautical [USCG–2010–0718, 75 FR 77534, Dec. 13, 2010] miles centered upon geographical position 42°22.71′ N, 70°46.97′ W. § 167.100 In the approaches to Narra- (b) (1) A precautionary area is estab- gansett Bay, RI, and Buzzards Bay, lished and is bounded to the east by a MA: General. circle of radius 15.5 miles, centered The traffic separation scheme in the upon geographical position 40°35.01′ N, approaches to Narragansett Bay, RI, 68°59.96′ W, intersected by the traffic and Buzzards Bay, MA, consists of four separation schemes in the approach to parts: Two precautionary areas and Boston, MA, and Eastern approach, off two approaches—a Narragansett ap- Nantucket (part II of the TSS off New proach and a Buzzards Bay approach. York) at the following geographical po- The specific areas in the approaches to sitions: Narragansett Bay, RI, and Buzzards Bay, MA, are described in §§ 167.101 Latitude Longitude through 167.103. The geographic coordi- 40°50.47′ N ...... 68°58.67′ W. nates in §§ 167.101 through 167.103 are ° ′ ° ′ 40 23.75 N ...... 69 13.95 W. defined using North American Datum 1983 (NAD 83), which is equivalent to (2) The precautionary area is bounded WGS 1984 datum. to the west by a line connecting the two TSSs between the following geo- [USCG–2010–0718, 75 FR 77534, Dec. 13, 2010] graphical positions: § 167.101 In the approaches to Narra- Latitude Longitude gansett Bay, RI, and Buzzards Bay, MA: Precautionary areas. 40°48.03′ N ...... 69°02.95′ W. 40°36.76′ N ...... 69°15.13′ W. (a) A precautionary area is established with a radius of 5.4 miles and is [USCG–2010–0718, 75 FR 77534, Dec. 13, 2010] centered upon geographical position 41°06.00′ N, 71°23.30′ W. § 167.77 In the approach to Boston, (b) A precautionary area is estab- MA: Traffic separation scheme. lished with a radius of 3.55 miles and is (a) A separation zone 1 mile wide is centered upon geographical position established and is centered upon the 41°25.60′ N, 71°23.30′ W. following geographic positions: [USCG–2010–0718, 75 FR 77534, Dec. 13, 2010] Latitude Longitude § 167.102 In the approaches to Narra- 42°20.73′ N ...... 70°39.06′ W. gansett Bay, RI, and Buzzards Bay, 42°18.28′ N ...... 70°01.14′ W. MA: Narragansett Bay approach. 40°49.25′ N ...... 69°00.81′ W. (a) A separation zone 2 miles wide is (b) A traffic lane for northbound traf- established and is centered upon the fic is established between the separa- following geographical positions:

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Latitude Longitude (b) A precautionary area is established between the traffic separation 41°22.70′ N ...... 71°23.30′ W. 41°11.10′ N ...... 71°23.30′ W. scheme ‘‘Eastern Approach, off Nan- tucket’’ and the traffic separation (b) A traffic lane 1 mile wide is estab- scheme ‘‘In the Approach to Boston, lished on each side of the separation Massachusetts.’’ (1) The precautionary zone. area is bounded to the east by a circle of radius 15.5 miles, centered upon geo- [USCG–2010–0718, 75 FR 77534, Dec. 13, 2010] graphical position 40°35.00′ N, 69°00.00′ § 167.103 In the approaches to Narra- W, and is intersected by the traffic sep- gansett Bay, RI, and Buzzards Bay, aration schemes ‘‘In the Approach to MA: Buzzards Bay approach. Boston, Massachusetts’’ and ‘‘Off New York’’ at the following geographic po- (a) A separation zone 1 mile wide is sitions: established and is centered upon the following geographical positions: Latitude Longitude

Latitude Longitude 40°50.33′ N 68°57.00′ W 40°23.75′ N 69°14.63′ W 41°10.20′ N ...... 71°19.10′ W. ° ′ ° ′ 41 21.80 N ...... 71 07.10 W. (2) The precautionary area is bounded (b) A traffic lane 1 mile wide is estab- to the west by a line connecting the lished on each side of the separation two traffic separation schemes between zone. the following geographical positions: NOTE TO § 167.103: A restricted area, 2 miles Latitude Longitude wide, extending from the southern limit of the Narragansett Bay approach traffic sepa- 40°36.75′ N 68°15.16′ W ration zone to latitude 41°24.70’ N, has been 40°48.00′ N 69°03.33′ W established. The restricted area will only be closed to ship traffic by the Naval Under- [CGD 84–004, 52 FR 33589, Sept. 4, 1987, as water System Center during periods of day- amended by USCG–2010–0351, 75 FR 36287, light and optimum weather conditions for June 25, 2010] torpedo range usage. The closing of the restricted area will be indicated by the activa- § 167.152 Off New York: Eastern ap- tion of a white strobe light mounted on proach, off Nantucket. Brenton Reef Light and controlled by a naval ship supporting the torpedo range ac- (a) A separation zone is established tivities. There would be no ship restrictions bounded by a line connecting the fol- expected during inclement weather or when lowing geographical positions: the torpedo range is not in use. Latitude Longitude [USCG–2010–0718, 75 FR 77534, Dec. 13, 2010] 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 traf- § 167.150 Off New York Traffic Separa- fic is established between the separation Scheme: General. tion zone and a line connecting the fol- The specific areas in the Off New lowing geographical positions: York Traffic Separation Scheme and Latitude Longitude Precautionary Areas are described in §§ 167.151, 167.152, 167.153, 167.154, and 40°36.75′ N 69°15.17′ W 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 7 miles is established centered upon 40°27.50′ N, 73°49.90′ W. 40°22.62′ N 70°13.60′ W

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Latitude Longitude Latitude Longitude

40°23.75′ N 69°14.63′ W 40°08.98′ N 73°10.87′ W 40°12.42′ N 73°15.67′ W 40°24.02′ N 73°41.97′ W [CGD 84–004, 52 FR 33589, Sept. 4, 1987] (c) A traffic lane for south-eastbound § 167.153 Off New York: Eastern ap- traffic is established between the sepa- proach. ration zone and a line connecting the (a) A separation zone is established following geographical positions: bounded by a line connecting the following geographical positions: Latitude Longitude 40°21.82′ N 73°44.55′ W Latitude Longitude 40°02.80′ N 73°27.15′ W 39°59.43′ N 73°22.35′ W 40°24.33′ N 73°04.97′ W 40°24.20′ N 73°11.50′ W 40°26.00′ N 73°40.93′ W [CGD 84–004, 52 FR 33589, Sept. 4, 1987, as 40°27.00′ N 73°40.75′ W amended by CGD 97–023, 62 FR 33365, June 19, 40°27.20′ N 73°11.50′ W 1997] 40°27.33′ N 73°04.95′ W § 167.155 Off New York: Southern ap- (b) A traffic lane for westbound traf- proach. fic 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°32.33′ N 73°04.95′ W 39°45.70′ N 73°48.00′ W ° ′ ° ′ 40°32.20′ N 73°11.50′ W 40 20.63 N 73 48.33 W ° ′ ° ′ 40°28.00′ N 73°40.73′ W 40 20.87 N 73 47.07 W 39°45.70′ N 73°44.00′ W

(c) A traffic lane for eastbound traf- (b) A traffic lane for northbound traffic is established between the separa- fic is established between the separation zone and a line connecting the fol- tion zone and a line connecting the following geographical positions: lowing geographical positions:

Latitude Longitude Latitude Longitude

40°25.05′ N 73°41.32′ W 39°45.70′ N 73°37.70′ W 40°19.20′ N 73°11.50′ W 40°21.25′ N 73°45.85′ W 40°19.33′ N 73°04.97′ W (c) A traffic lane for southbound traf- [CGD 84–004, 52 FR 33589, Sept. 4, 1987] fic is established between the separation zone and a line connecting the fol- § 167.154 Off New York: South-eastern lowing geographical positions: approach. Latitude Longitude (a) A separation zone is established bounded by a line connecting the fol- 40°20.53′ N 73°49.65′ W 39°45.70′ N 73°54.40′ W lowing geographical positions:

Latitude Longitude [CGD 84–004, 52 FR 33589, Sept. 4, 1987, as amended by USCG–2010–0351, 75 FR 36287, 40°03.10′ N 73°17.93′ W June 25, 2010] 40°06.50′ N 73°22.73′ W 40°22.45′ N 73°43.55′ W ° ′ ° ′ § 167.170 Off Delaware Bay Approach 40 23.20 N 73 42.70 W Traffic Separation Scheme: Gen- 40°08.72′ N 73°20.10′ W 40°05.32′ N 73°15.28′ W eral. The Off Delaware Bay Approach Traf- (b) A traffic lane for north-westbound fic Separation Scheme consists of four traffic is established between the sepa- parts: an Eastern Approach, a South- ration zone and a line connecting the eastern Approach, a Two-Way Traffic following geographical positions: Route, and a Precautionary Area. The

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specific areas in the Off Delaware Bay ration zone and a line connecting the Approach Traffic Separation Scheme following geographic positions: and Precautionary Area are described in §§ 167.171 through 167.174. Latitude Longitude [CGD 97–004, 65 FR 12945, Mar. 10, 2000] 38°42.80′ N 74°58.90′ W 38°27.00′ N 74°45.40′ W § 167.171 Off Delaware Bay: Eastern approach. [CGD 97–004, 65 FR 12945, Mar. 10, 2000] (a) A separation zone is established bounded by a line connecting the fol- § 167.173 Off Delaware Bay: Two-Way lowing geographic positions: Traffic Route. The Two-Way Traffic Route is rec- Latitude Longitude ommended for use predominantly by 38°46.30′ N 74°34.45′ W tug and tow traffic transiting to and 38°46.33′ N 74°55.75′ W from the northeast in order to separate 38°47.45′ N 74°55.40′ W such traffic from large, inbound vessel 38°47.35′ N 74°34.50′ W traffic. (b) A traffic lane for westbound traf- (a) The Two-Way Traffic Route is fic is established between the separa- bounded on the west and south by a tion zone and a line connecting the fol- line connecting the following geo- lowing geographic positions: graphic positions:

Latitude Longitude Latitude Longitude

38°48.32′ N 74°55.30′ W 38°50.75′ N 75°03.40′ W 38°49.80′ N 74°34.60′ W 38°47.50′ N 75°01.80′ W 38°48.32′ N 74°55.30′ W 38°50.20′ N 74°49.73′ W (c) A traffic lane for eastbound traf- ° ′ ° ′ fic is established between the separa- 39 00.00 N 74 40.23 W tion zone and a line connecting the fol- (b) The two-way traffic route is lowing geographic positions: bounded on the east and north by a line Latitude Longitude connecting the following geographic positions: 38°45.45′ N 74°56.20′ W ° ′ ° ′ 38 44.45 N 74 34.35 W Latitude Longitude

39°00.00′ N 74°41.00′ W [CGD 97–004, 65 FR 12945, Mar. 10, 2000] 38°50.48′ N 74°50.30′ W 38°48.80′ N 74°55.25′ W § 167.172 Off Delaware Bay: South- 38°48.33′ N 74°59.30′ W eastern approach. 38°49.10′ N 75°01.65′ W ° ′ ° ′ (a) A separation zone is established 38 51.27 N 75 02.83 W bounded by a line connecting the following geographic positions: [CGD 97–004, 65 FR 12945, Mar. 10, 2000]

Latitude Longitude § 167.174 Off Delaware Bay: Pre- cautionary area. 38°27.00′ N 74°42.30′ W 38°43.40′ N 74°58.00′ W A precautionary area is established 38°44.20′ N 74°57.20′ W as follows: from 38°42.80′ N, 74°58.90′ W; 38°27.60′ N 74°41.30′ 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′ W; then northeasterly to 38°51.27′ N, Latitude Longitude 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 38°48.90′ N, 75°05.60′ W to 38°55.53′ N, (c) A traffic lane for south-eastbound 75°05.87′ W; then southwesterly to traffic is established between the sepa- 38°54.00′ N, 75°08.00′ W; then southerly

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to 38°46.60′ N, 75°03.55′ W; then south- (b) A traffic lane for westbound traf- easterly to 38°42.80′ N, 74°58.90′ W. fic is established between the separa- Datum: NAD 83. tion line and a line connecting the following geographical positions: [CGD 97–004, 65 FR 12946, Mar. 10, 2000] Latitude Longitude § 167.200 In the approaches to Chesa- peake Bay Traffic Separation 36°57.94′ N ...... 75°48.41′ W. 36°56.90′ N ...... 75°52.40′ W. Scheme: General. 36°56.90′ N ...... 75°55.14′ W. (a) The traffic separation scheme in the approaches to Chesapeake Bay con- (c) A traffic lane for eastbound traf- sists of three parts: a Precautionary fic is established between the separa- Area, an Eastern Approach, and a tion line and a line connecting the fol- Southern Approach. The Southern Ap- lowing geographical positions: proach consists of inbound and out- Latitude Longitude bound lanes for vessels drawing 12.8 meters (42 feet) of fresh water or less, 36°57.04′ N ...... 75°48.01′ W. 36°55.88′ N ...... 75°52.40′ W. separated by a deep-water (DW) route 36°55.88′ N ...... 75°54.95′ W. for inbound and outbound vessels with drafts exceeding 12.8 meters (42 feet) in fresh water and for naval aircraft car- [USCG–2010–0718, 75 FR 77534, Dec. 13, 2010, as amended by USCG–2011–0257, 76 FR 31838, riers. Each part is defined geographi- June 2, 2011] cally, using North American Datum 1983 (NAD 83), in §§ 167.201, 167.202, § 167.203 In the approaches to Chesa- 167.203. peake Bay: Southern approach. (b) All vessels approaching the Traf- (a) A separation line connects the fol- fic Separation Scheme in the Ap- lowing geographical positions: proaches to Chesapeake Bay should use the appropriate inbound or outbound Latitude Longitude traffic lane. 36°50.33′ N ...... 75°46.29′ W. 36°52.90′ N ...... 75°51.52′ W. [CGD 90–039, 59 FR 21937, Apr. 28, 1994, as 36°55.96′ N ...... 75°54.97′ W. amended by USCG–2010–0718, 75 FR 77534, Dec. 13, 2010] (b) A separation line connects the following geographical positions: § 167.201 In the approaches to Chesa- peake Bay: Precautionary area. Latitude Longitude

A precautionary area is established 36°55.11′ N ...... 75°55.23′ W. bounded by a circle with a two-mile ra- 36°52.35′ N ...... 75°52.12′ W. dius, centered on the following geo- 36°49.70′ N ...... 75°46.80′ W. graphic position: (c) A separation line connects the fol- Latitude Longitude lowing geographical positions:

36°56.13′ N 75°57.45′ W Latitude Longitude

36°49.52′ N ...... 75°46.94′ W. [CGD 90–039, 59 FR 21937, Apr. 28, 1994, as 36°52.18′ N ...... 75°52.29′ W. amended by USCG–2010–0718, 75 FR 77534, 36°54.97′ N ...... 75°55.43′ W. Dec. 13, 2010] (d) A separation line connects the fol- § 167.202 In the approaches to Chesa- lowing geographical positions: peake Bay: Eastern approach. Latitude Longitude (a) A separation line is established connecting the following geographical 36°54.44′ N ...... 75°56.09′ W. 36°51.59′ N ...... 75°52.92′ W. positions: 36°48.87′ N ...... 75°47.42′ W.

Latitude Longitude (e) A traffic lane for inbound traffic 36°57.50′ N ...... 75°48.21′ W. is established between the separation 36°56.40′ N ...... 75°52.40′ W. lines described in paragraphs (a) and 36°56.40′ N ...... 75°54.95′ W. (b) of this section.

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(f) A traffic lane for outbound traffic lowing geographical positions: from is established between the separation 33°47.65′ N, 78°04.78′ W; to 33°48.50′ N, lines described in paragraphs (c) and 78°04.27′ W; to 33°49.53′ N, 78°03.10′ W; to (d) of this section. 33°48.00′ N, 78°01.00′ W; to 33°41.00′ N, (g) A deep-water route is established 78°01.00′ W; to 33°41.00′ N, 78°04.00′ W; to between the separation lines described 33°44.28′ N, 78°03.02′ W; then by an arc of in paragraphs (b) and (c) of this sec- 2 nautical miles radius, centered at tion. The following vessels should use 33°46.03′ N, 78°05.41′ W; then to the point the deep-water route established in of origin at 33°47.65′ N, 78°04.78′ W. paragraph (g) of this section when bound for Chesapeake Bay from sea or [USCG–2010–0718, 75 FR 77535, Dec. 13, 2010] to sea from Chesapeake Bay: § 167.252 In the approaches to the (1) Deep draft vessels (drafts greater Cape Fear River: Traffic separation than 13.5 meters/45 feet in fresh water); scheme. and (a) A traffic separation zone is estab- (2) Naval aircraft carriers. lished bounded by a line connecting the (h) It is recommended that a vessel following geographical positions: using the deep-water route established in paragraph (g) of this section— Latitude Longitude (1) Announce its intention on VHF– 33°44.94′ N ...... 78°04.81′ W. FM Channel 16 as it approaches Chesa- 33°32.75′ N ...... 78°09.66′ W. peake Bay Southern Approach Lighted 33°34.50′ N ...... 78°14.70′ W. Whistle Buoy CB on the south end, or 33°45.11′ N ...... 78°04.98′ W. Chesapeake Bay Junction Lighted Buoy CBJ on the north end of the (b) A traffic lane for northbound traf- route; fic is established between the separa- (2) Avoid, as far as practicable, over- tion zone and a line connecting the fol- taking other vessels operating in the lowing geographic positions: deep-water route; and Latitude Longitude (3) Keep as near to the outer limit of the route which lies on the vessel’s 33°32.75′ N ...... 78°05.99′ W. starboard side as is safe and prac- 33°44.38′ N ...... 78°03.77′ W. ticable. (c) A traffic lane for southbound traf- (i) Vessels other than those listed in paragraph (d) of this section should not fic is established between the separa- use the deep-water route. tion zone and a line connecting the following geographic positions: [USCG–2010–0718, 75 FR 77535, Dec. 13, 2010] Latitude Longitude § 167.250 In the approaches to the 33°36.22′ N ...... 78°18.00′ W. Cape Fear River: General. 33°46.03′ N ...... 78°05.41′ W. The traffic separation scheme (TSS) in the approaches to the Cape Fear NOTE TO § 167.252: A pilot boarding area is River consists of two parts: A pre- located inside the precautionary area. Due to cautionary area and a TSS. The spe- heavy ship traffic, mariners are advised not to anchor or linger in the precautionary area cific areas in the approaches to Narra- except to pick up or disembark a pilot. gansett Bay, RI, and Buzzards Bay, MA, are described in §§ 167.251 and [USCG–2010–0718, 75 FR 77535, Dec. 13, 2010] 167.252. The geographic coordinates in ATLANTIC GULF COAST §§ 167.251 and 167.252 are defined using North American Datum 1983 (NAD 83), § 167.350 In the approaches to Gal- which is equivalent to WGS 1984 veston Bay Traffic Separation datum. Scheme and precautionary areas. [USCG–2010–0718, 75 FR 77535, Dec. 13, 2010] (a) An inshore precautionary area bounded by a line connecting the fol- § 167.251 In the approaches to the lowing geographical positions: Cape Fear River: Precautionary area. Latitude Longitude

A precautionary area is established (1) 29°18.10′ N 94°39.20′ W bounded by a line connecting the fol- (2) 29°16.10′ N 94°37.00′ W

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Latitude Longitude § 167.400 Off San Francisco Traffic Separation Scheme: General. (3) 29°18.00′ N 94°34.90′ W (4) 29°19.40′ N 94°37.10′ W The Off San Francisco Traffic Sepa- (5) 29°19.80′ N 94°38.10′ W ration Scheme consists of six parts: a Precautionary Area, a Northern Ap- (b) A traffic separation zone bounded proach, a Southern Approach, a West- by a line connecting the following geo- ern Approach, a Main Ship Channel, graphical positions: and an Area To Be Avoided. The spe- Latitude Longitude cific areas in the Off San Francisco TSS and Precautionary Area are de- ° ′ ° ′ (6) 29 17.13 N 94 35.86 W scribed in §§ 167.401 through 167.406 of (7) 29°09.55′ N 94°25.80′ W (8) 29°09.41′ N 94°25.95′ W this chapter. The geographic coordi- (9) 29°17.00′ N 94°36.00′ W nates in §§ 167.401 through 167.406 are defined using North American Datum (c) A traffic lane for inbound (north- 1983 (NAD 83). westerly heading) traffic is established between the separation zone and a line § 167.401 Off San Francisco: Pre- connecting the following geographical cautionary area. positions: (a)(1) A precautionary area is estab- Latitude Longitude lished bounded to the west by an arc of a circle with a radius of 6 miles cen- (3) 29°18.00′ N 94°34.90′ W tering upon geographical position ° ′ ° ′ (10) 29 11.20 N 94 24.00 W 37°45.00′ N, 122°41.50′ W and connecting (d) A traffic lane for outbound the following geographical positions: (southeasterly heading) traffic is estab- Latitude Longitude lished between the separation zone and line connecting the following geo- 37°42.70′ N 122°34.60′ W. graphical positions: 37°50.30′ N 122°38.00′ W.

Latitude Longitude (2) The precautionary area is bounded to the east by a line connecting the fol- (2) 29°16.10′ N 94°37.00′ W (11) 29°07.70′ N 94°27.80′ W lowing geographic positions:

(e) An offshore precautionary area Latitude Longitude bounded by a line connecting the fol- 37°42.70′ N 122°34.60′ W. lowing geographical positions: 37°45.90′ N 122°38.00′ W. 37°50.30′ N 122°38.00′ W Latitude Longitude

(11) 29°07.70′ N 94°27.80′ W (b) A pilot boarding area is located (12) 29°06.40′ N 94°26.20′ W near the center of the precautionary (13) 29°06.40′ N 94°23.90′ W area described in paragraph (a) of this (14) 29°09.10′ N 94°20.60′ W section. Due to heavy vessel traffic, ° ′ ° ′ (10) 29 11.20 N 94 24.00 W mariners are advised not to anchor or NOTE: A pilot boarding area is located near linger in this precautionary area ex- the center of the inshore precautionary area. cept to pick up or disembark a pilot. Due to heavy vessel traffic, mariners are advised not to anchor or linger in this pre- § 167.402 Off San Francisco: Northern cautionary area except to pick up or dis- approach. embark a pilot. (a) A separation zone is bounded by a [CGD 81–080, 48 FR 36456, Aug. 11, 1983. Redes- line connecting the following geo- ignated by CGD 84–004, 52 FR 33589, Sept. 4, graphical positions: 1987; CGD 89–019, 54 FR 28062, July 5, 1989; 54 FR 51972, Dec. 19, 1989] Latitude Longitude

PACIFIC WEST COAST 37°48.40′ N 122°47.60′ W 37°56.70′ N 123°03.70′ W 37°55.20′ N 123°04.90′ W SOURCE: USCG–1999–5700, 65 FR 46605, July ° ′ ° ′ 31, 2000, unless otherwise noted. 37 47.70 N 122 48.20 W

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(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 49.20 N 122 46.70 W. 37°42.80′ N 122°48.50′ W. ° ′ ° ′ 37 58.00 N 123 02.70 W. 37°39.60′ N 122°58.80′ 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°53.90′ N 123°06.10′ W. 37°46.70′ N 122°48.70′ W. 37°35.00′ N 122°56.50′ W. 37°40.40′ N 122°46.30′ W. § 167.403 Off San Francisco: Southern approach. § 167.405 Off San Francisco: Main ship channel. (a) A separation zone is bounded by a line connecting the following geo- (a) A separation line connects the fol- graphical positions: lowing geographical positions:

Latitude Longitude Latitude Longitude

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

Latitude Longitude Latitude Longitude ° ′ ° ′ 37°39.30′ N 122°39.20′ W. 37 45.80 N 122 37.70 W. 37°27.00′ N 122°39.20′ W. 37°47.80′ N 122°30.80′ W.

(c) A traffic lane for southbound traf- (c) A traffic lane for westbound traffic is established between the separa- fic is established between the separation zone and a line connecting the fol- tion line and a line connecting the following geographical positions: lowing geographical positions:

Latitude Longitude Latitude Longitude

37°27.00′ N 122°44.30′ W. 37°46.20′ N 122°37.90′ W. ° ′ ° ′ 37 39.40 N 122 44.30 W. 37°46.90′ N 122°35.30′ W. 37°48.50′ N 122°31.30′ W. § 167.404 Off San Francisco: Western approach. § 167.406 Off San Francisco: Area to be (a) A separation zone is bounded by a avoided. line connecting the following geo- A circular area to be avoided, with a graphical positions: radius of half of a nautical mile, is cen- Latitude Longitude tered upon geographic position:

37°41.90′ N 122°48.00′ W. Latitude Longitude 37°38.10′ N 122°58.10′ W. 37°36.50′ N 122°57.30′ W. 37°45.00′ N 122°41.50′ W. 37°41.10′ N 122°47.20′ W.

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

§ 167.451 In the Santa Barbara Chan- 34°18.00′ N 120°31.16′ W. nel: Between Point Vicente and 34°22.80′ N 120°52.76′ W. Point Conception. (a) A separation zone is bounded by a § 167.500 In the approaches to Los An- line connecting the following geo- geles-Long Beach Traffic Separa- graphical positions: tion Scheme: General.

Latitude Longitude The Traffic Separation Scheme in the approaches to Los Angeles-Long 34°20.90′ N 120°30.16′ W Beach consists of three parts: a Pre- 34°04.00′ N 119°15.96′ W. 33°44.90′ N 118°35.75′ W. cautionary Area, a Western Approach, 33°43.20′ N 118°36.95′ W. and a Southern Approach. The specific 34°02.20′ N 119°17.46′ W. areas in the approaches to Los Angeles- ° ′ ° ′ 34 18.90 N 120 30.96 W. 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). [USCG–2000–7695, 65 FR 53913, Sept. 6, 2000] Latitude Longitude

34°21.80′ N 120°29.96′ W. § 167.501 In the approaches to Los An- 34°04.80′ N 119°15.16′ W. geles/Long Beach: Precautionary 33°45.80′ N 118°35.15′ W. area. (a) The precautionary area consists (c) A traffic lane for south-eastbound of the water area enclosed by the Los traffic is established between the sepa- Angeles-Long Beach breakwater and a ration zone and a line connecting the line connecting Point Fermin Light at following geographical positions: 33°42.30′ N, 118°17.60′ W, with the fol- Latitude Longitude lowing geographical positions:

33°42.30′ N 118°37.55′ W. Latitude Longitude 34°01.40′ N 119°18.26′ W. 34°18.00′ N 120°31.16′ W. 33°35.50′ N 118°17.60′ W. 33°35.50′ N 118°09.00′ W. 33°37.70′ N 118°06.50′ W. § 167.452 In the Santa Barbara Chan- 33°43.40′ N 118°10.80′ W. nel: Between Point Conception and Point Arguello. (b) Pilot boarding areas are located (a) A separation zone is bounded by a within the precautionary area de- line connecting the following geo- scribed in paragraph (a) of this section. graphical positions: Specific regulations pertaining to vessels operating in these areas are con- Latitude Longitude tained in 33 CFR 165.1109(d). 34°20.90′ N 120°30.16′ W. [USCG–2000–7695, 65 FR 53913, Sept. 6, 2000] 34°18.90′ N 120°30.96′ W. 34°25.70′ N 120°51.81′ W. 34°23.75′ N 120°52.51′ W. § 167.502 In the approaches to Los An- geles-Long Beach: Western ap- (b) A traffic lane for westbound traf- proach. fic 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:

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Latitude Longitude Latitude Longitude

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. 33°43.20′ N 118°36.90′ W. [USCG–2000–7695, 65 FR 53913, Sept. 6, 2000] 33°44.90′ N 118°35.70′ W. 33°37.70′ N 118°20.90′ W. § 167.1300 In the approaches to the Strait of Juan de Fuca: General. (b) A traffic lane for northbound The traffic separation scheme for the coastwise traffic is established between approaches to the Strait of Juan de the separation zone and a line con- Fuca consists of three parts: the west- necting the following geographical po- ern approach, the southwestern ap- sitions: proach, and precautionary area ‘‘JF.’’ Latitude Longitude These parts are described in §§ 167.1301 through 167.1303. The geographic co- 33°38.70′ N 118°17.60′ W. ordinates in §§ 167.1301 through 167.1303 33°38.70′ N 118°20.60′ W. 33°45.80′ N 118°35.10′ W. are defined using North American Datum (NAD 83). (c) A traffic lane for southbound [USCG–2002–12702, 75 FR 70826, Nov. 19, 2010] coastwise traffic is established between the separation zone and a line con- § 167.1301 In the approaches to the necting the following geographical po- Strait of Juan de Fuca: Western ap- sitions: proach. In the western approach to the Strait Latitude Longitude of Juan de Fuca, the following are es- 33°35.50′ N 118°17.60′ W. tablished: 33°35.50′ N 118°23.43′ W. (a) A separation zone bounded by a ° ′ ° ′ 33 42.30 N 118 37.50 W. line connecting the following geographical positions: [USCG–2000–7695, 65 FR 53913, Sept. 6, 2000] Latitude Longitude § 167.503 In the approaches to Los An- 48°30.10′ N 125°09.00′ W geles-Long Beach TSS: Southern ap- 48°30.10′ N 125°04.67′ W proach. 48°29.11′ N 125°04.67′ W (a) A separation zone is established 48°29.11′ N 125°09.00′ W bounded by a line connecting the fol- (b) A traffic lane for westbound traf- lowing geographic positions: fic between the separation zone and a line connecting the following geo- Latitude Longitude graphical positions: 33°35.50′ N 118°10.30′ W. Latitude Longitude 33°35.50′ N 118°12.75′ W. 33°19.70′ N 118°03.50′ W. 48°32.09′ N 125°04.67′ W 33°19.00′ N 118°05.60′ W. 48°32.09′ N 125°08.98′ W (b) A traffic lane for northbound traf- (c) A traffic lane for eastbound traffic is established between the separa- fic between the separation zone and a tion zone and a line connecting the fol- line connecting the following geo- lowing geographical positions: graphical positions: Latitude Longitude Latitude Longitude 48°27.31′ N 125°09.00′ W 33°35.50′ N 118°09.00′ W. 48°28.13′ N 125°04.67′ W 33°20.00′ N 118°02.30′ W. [USCG–2002–12702, 75 FR 70826, Nov. 19, 2010] (c) A traffic lane for southbound traffic is established between the separa- § 167.1302 In the approaches to the tion zone and a line connecting the fol- Strait of Juan de Fuca: South- lowing geographical positions: western approach. In the southwestern approach to the Latitude Longitude Strait of Juan de Fuca, the following 33°35.50′ N 118°14.00′ W. are established:

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(a) A separation zone bounded by a through 167.1315. The geographic co- line connecting the following geo- ordinates in §§ 167.1311 through 167.1315 graphical positions: are defined using North American Latitude Longitude Datum (NAD 83). 48°23.99′ N 125°06.54′ W [USCG–2002–12702, 75 FR 70827, Nov. 19, 2010] 48°27.63′ N 125°03.38′ W 48°27.14′ N 125°02.08′ W § 167.1311 In the Strait of Juan de 48°23.50′ N 125°05.26′ W Fuca: Western lanes. (b) A traffic lane for north-eastbound In the western lanes of the Strait of traffic between the separation zone and Juan de Fuca, the following are estab- a line connecting the following geo- lished: graphical positions: (a) A separation zone bounded by a line connecting the following geo- Latitude Longitude graphical positions: 48°22.55′ N 125°02.80′ W 48°26.64′ N 125°00.81′ W Latitude Longitude 48°29.11′ N 125°00.00′ W (c) A traffic lane for south-westbound ° ′ ° ′ traffic between the separation zone and 48 29.11 N 124 43.78 W ° ′ ° ′ a line connecting the following geo- 48 13.89 N 123 54.84 W ° ′ ° ′ graphical positions: 48 13.89 N 123 31.98 W 48°14.49′ N 123°31.98′ W Latitude Longitude 48°17.02′ N 123°56.46′ W ° ′ ° ′ 48 28.13 N 125 04.67 W 48°30.10′ N 124°43.50′ W ° ′ ° ′ 48 24.94 N 125 09.00 W 48°30.10′ N 125°00.00′ W [USCG–2002–12702, 75 FR 70826, Nov. 19, 2010] (b) A traffic lane for north-westbound traffic. § 167.1303 In the approaches to the (1) The traffic lane is established be- Strait of Juan de Fuca: Pre- cautionary area ‘‘JF.’’ tween the separation zone and a line connecting the following geographical In the approaches to the Strait of positions: Juan de Fuca, precautionary area ‘‘JF’’ is established and is bounded by a line Latitude Longitude connecting the following geographical 48°16.45′ N 123°30.42′ W positions: 48°15.97′ N 123°33.54′ W Latitude Longitude 48°18.00′ N 123°56.07′ W ° ′ ° ′ ° ′ ° ′ 48 32.00 N 124 46.57 W 48 32.09 N 125 04.67 W ° ′ ° ′ 48°30.10′ N 125°04.67′ W 48 32.09 N 124 49.90 W ° ′ ° ′ 48°29.11′ N 125°04.67′ W 48 32.09 N 125 00.00 W 48°28.13′ N 125°04.67′ W (2) An exit from this lane between 48°27.63′ N 125°03.38′ W points 48°32.00′ N, 124°46.57′ W and 48°27.14′ N 125°02.08′ W 48°32.09′ N, 124°49.90′ W. Vessel traffic 48°26.64′ N 125°00.81′ W may exit this lane at this location or 48°28.13′ N 124°57.90′ W may remain in the lane between points 48°29.11′ N 125°00.00′ W 48°32.09′ N, 124°49.90′ W and 48°32.09′ N, 48°30.10′ N 125°00.00′ W 125°00.00′ W en route to precautionary 48°32.09′ N 125°00.00′ W area ‘‘JF,’’ as described in § 167.1315. 48°32.09′ N 125°04.67′ W (c) A traffic lane for south-eastbound traffic between the separation zone and [USCG–2002–12702, 75 FR 70826, Nov. 19, 2010] a line connecting the following geo- § 167.1310 In the Strait of Juan de graphical positions: Fuca: General. Latitude Longitude The traffic separation scheme in the 48°28.13′ N 124°57.90′ W Strait of Juan de Fuca consists of five 48°28.13′ N 124°44.07′ W parts: the western lanes, southern 48°12.90′ N 123°55.24′ W lanes, northern lanes, eastern lanes, 48°12.94′ N 123°32.89′ W and precautionary area ‘‘PA.’’ These parts are described in §§ 167.1311 [USCG–2002–12702, 75 FR 70827, Nov. 19, 2010]

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§ 167.1312 In the Strait of Juan de Latitude Longitude Fuca: Southern lanes. 48°20.93′ N 123°23.22′ W In the southern lanes of the Strait of 48°15.13′ N 123°25.62′ W Juan de Fuca, the following are established: [USCG–2002–12702, 75 FR 70827, Nov. 19, 2010] (a) A separation zone bounded by a line connecting the following geo- § 167.1314 In the Strait of Juan de graphical positions: Fuca: Eastern lanes. Latitude Longitude In the eastern lanes of the Strait of 48°10.82′ N 123°25.44′ W Juan de Fuca, the following are estab- 48°12.38′ N 123°28.68′ W lished: 48°12.90′ N 123°28.68′ W (a) A separation zone bounded by a 48°12.84′ N 123°27.46′ W line connecting the following geo- 48°10.99′ N 123°24.84′ W graphical positions: Latitude Longitude (b) A traffic lane for northbound traffic between the separation zone and a 48°13.22′ N 123°15.91′ W line connecting the following geo- 48°14.03′ N 123°25.98′ W graphical positions: 48°13.54′ N 123°25.86′ W 48°12.89′ N 123°16.69′ W Latitude Longitude 48°11.24′ N 123°23.82′ W (b) A traffic lane for westbound traf- 48°12.72′ N 123°25.34′ W fic between the separation zone and a line connecting the following geo- (c) A traffic lane for southbound traf- graphical positions: fic between the separation zone and a Latitude Longitude line connecting the following geographical positions: 48°14.27′ N 123°13.41′ W 48°14.05′ N 123°16.08′ W Latitude Longitude 48°15.13′ N 123°25.62′ W 48°12.94′ N 123°32.89′ W 48°09.42′ N 123°24.24′ W (c) A traffic lane for eastbound traffic between the separation zone and a [USCG–2002–12702, 75 FR 70827, Nov. 19, 2010] line connecting the following geographical positions: § 167.1313 In the Strait of Juan de Latitude Longitude Fuca: Northern lanes. 48°12.72′ N 123°25.34′ W In the northern lanes of the Strait of 48°12.34′ N 123°18.01′ W Juan de Fuca, the following are established: [USCG–2002–12702, 75 FR 70827, Nov. 19, 2010] (a) A separation zone bounded by a line connecting the following geo- § 167.1315 In the Strait of Juan de graphical positions: Fuca: Precautionary area ‘‘PA.’’ Latitude Longitude In the Strait of Juan de Fuca, pre- 48°21.15′ N 123°24.83′ W cautionary area ‘‘PA’’ is established 48°16.16′ N 123°28.50′ W and is bounded by a line connecting the 48°15.77′ N 123°27.18′ W following geographical positions: 48°20.93′ N 123°24.26′ W Latitude Longitude (b) A traffic lane for southbound traf- 48°12.94′ N 123°32.89′ W fic between the separation zone and a 48°13.89′ N 123°31.98′ W line connecting the following geo- 48°14.49′ N 123°31.98′ W graphical positions: 48°16.45′ N 123°30.42′ W ° ′ ° ′ Latitude Longitude 48 16.16 N 123 28.50 W 48°15.77′ N 123°27.18′ W 48°21.83′ N 123°25.56′ W ° ′ ° ′ ° ′ ° ′ 48 15.13 N 123 25.62 W 48 16.45 N 123 30.42 W 48°14.03′ N 123°25.98′ W (c) A traffic lane for northbound traf- 48°13.54′ N 123°25.86′ W fic between the separation zone and a 48°12.72′ N 123°25.34′ W line connecting the following geo- 48°12.84′ N 123°27.46′ W graphical positions: 48°12.90′ N 123°28.68′ W

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48°12.94′ N 123°32.89′ W (e) A separation zone bounded by a line connecting the following geo- [USCG–2002–12702, 75 FR 70827, Nov. 19, 2010] graphical positions: Latitude Longitude § 167.1320 In Puget Sound and its ap- ° ′ ° ′ proaches: General. 48 44.27 N 122 45.53 W 48°41.72′ N 122°43.50′ W The traffic separation scheme in 48°41.60′ N 122°43.82′ W Puget Sound and its approaches con- 48°44.17′ N 122°45.87′ W sists of three parts: Rosario Strait, approaches to Puget Sound other than (f) A traffic lane for northbound traf- Rosario Strait, and Puget Sound. fic located within the separation zone These parts are described in §§ 167.1321 described in paragraph (e) of this sec- through 167.1323. The North American tion and a line connecting the fol- Datum (NAD 83) defines the geographic lowing geographical positions: coordinates in §§ 167.1321 through Latitude Longitude 167.1323. 48°44.62′ N 122°44.96′ W 48°41.80′ N 122°42.70′ W [USCG–2002–12702, 75 FR 70827, Nov. 19, 2010] (g) A traffic lane for southbound traf- § 167.1321 In Puget Sound and its ap- fic located within the separation zone proaches: Rosario Strait. described in paragraph (e) of this sec- In Rosario Strait, the following are tion and a line connecting the fol- established: lowing geographical positions: (a) A separation zone bounded by a Latitude Longitude line connecting the following geo- 48°44.08′ N 122°46.65′ W graphical positions: 48°41.25′ N 122°44.37′ W Latitude Longitude (h) Precautionary area ‘‘C’’ contained 48°48.98′ N 122°55.20′ W within a circle of radius 1.24 miles cen- 48°46.76′ N 122°50.43′ W tered at geographical position 48°40.55′ 48°45.56′ N 122°48.36′ W N, 122°42.80′ W. 48°45.97′ N 122°48.12′ W (i) A two-way route between the fol- 48°46.39′ N 122°50.76′ W lowing geographical positions: 48°48.73′ N 122°55.68′ W Latitude Longitude ° ′ ° ′ (b) A traffic lane for northbound traf- 48 39.33 N 122 42.73 W ° ′ ° ′ fic located within the separation zone 48 36.08 N 122 45.00 W ° ′ ° ′ described in paragraph (a) of this sec- 48 26.82 N 122 43.53 W ° ′ ° ′ tion and a line connecting the fol- 48 27.62 N 122 45.53 W ° ′ ° ′ lowing geographical positions: 48 29.48 N 122 44.77 W 48°36.13′ N 122°45.80′ W Latitude Longitude 48°38.38′ N 122°44.20′ W 48°49.49′ N 122°54.24′ W 48°39.63′ N 122°44.03′ W ° ′ ° ′ 48 47.14 N 122 50.10 W (j) Precautionary area ‘‘RB’’ bounded 48°46.35′ N 122°47.50′ W as follows: (c) A traffic lane for southbound traf- (1) To the north by the arc of a circle fic located within the separation zone of radius 1.24 miles centered on geo- described in paragraph (a) of this sec- graphical position 48°26.38′ N, 122°45.27′ tion and a line connecting the fol- W and connecting the following geo- lowing geographical positions: graphical positions: Latitude Longitude Latitude Longitude ° ′ ° ′ 48°44.95′ N 122°48.28′ W 48 25.97 N 122 47.03 W 48°25.55′ N 122°43.93′ W 48°46.76′ N 122°53.10′ W 48°47.93′ N 122°57.12′ W (2) To the south by a line connecting the following geographical positions: (d) Precautionary area ‘‘CA’’ contained within a circle of radius 1.24 Latitude Longitude miles centered at geographical position 48°25.97′ N 122°47.03′ W 48°45.30′ N, 122°46.50′ W. 48°24.62′ N 122°48.68′ W 1028

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48°23.75′ N 122°47.47′ W Latitude Longitude 48°25.20′ N 122°45.73′ W 48°23.75′ N 122°47.47′ W 48°25.17′ N 122°45.62′ W 48°19.80′ N 122°56.83′ W 48°24.15′ N 122°45.27′ W 48°24.08′ N 122°43.38′ W (5) A traffic lane for northbound traf- 48°25.55′ N 122°43.93′ W fic that connects with precautionary area ‘‘RA,’’ as described in paragraph [USCG–2002–12702, 75 FR 70827, Nov. 19, 2010] (b)(2) of this section, and is located between the separation zone described in § 167.1322 In Puget Sound and its approaches: Approaches to Puget paragraph (b)(3) of this section and a Sound other than Rosario Strait. line connecting the following geographical positions: (a) The traffic separation scheme in the approaches to Puget Sound other Latitude Longitude than Rosario Strait consists of a north- 48°15.70′ N 123°06.58′ W east/southwest approach, a northwest/ 48°18.67′ N 122°59.57′ W southeast approach, a north/south ap- (6) A traffic lane for southbound traf- proach, and an east/west approach and fic that connects with precautionary connecting precautionary areas. area ‘‘RA,’’ as described in paragraph (b) In the northeast/southwest ap- (b)(2) of this section, and is located be- proach consisting of two separation tween the separation zone described in zones, two precautionary areas (‘‘RA’’ paragraph (b)(1) of this section and a and ‘‘ND’’), and four traffic lanes, the line connecting the following geo- following are established: graphical positions: (1) A separation zone that connects with precautionary area ‘‘RA,’’ as de- Latitude Longitude scribed in paragraph (b)(2) of this sec- 48°24.62′ N 122°48.68′ W tion, and is bounded by a line con- 48°20.85′ N 122°57.80′ W necting the following geographical po- (7) A traffic lane for southbound traf- sitions: fic that connects with precautionary Latitude Longitude area ‘‘RA,’’ as described in paragraph 48°24.13′ N 122°47.97′ W (b)(2) of this section, and is located be- 48°20.32′ N 122°57.02′ W tween the separation zone described in 48°20.53′ N 122°57.22′ W paragraph (b)(3) of this section and a 48°24.32′ N 122°48.22′ W line connecting the following geographical positions: (2) Precautionary area ‘‘RA,’’ which is contained within a circle of radius Latitude Longitude 1.24 miles centered at 48°19.77′ N, 48°19.70′ N 123°00.53′ W 122°58.57′ W. 48°17.15′ N 123°06.57′ W (3) A separation zone that connects (8) Precautionary area ‘‘ND,’’ which with precautionary area ‘‘RA,’’ as de- is bounded by a line connecting the fol- scribed in paragraph (b)(2) of this sec- lowing geographical positions: tion, and is bounded by a line connecting the following geographical po- Latitude Longitude sitions: 48°11.00′ N 123°06.58′ W. Latitude Longitude 48°17.15′ N 123°06.57′ W. ° ′ ° ′ 48°14.27′ N 123°13.41′ W. 48 16.25 N 123 06.58 W ° ′ ° ′ ° ′ ° ′ 48 12.34 N 123 18.01 W. 48 16.57 N 123 06.58 W 48°12.72′ N 123°25.34′ W. 48°19.20′ N 123°00.35′ W 48°11.24′ N 123°23.82′ W. 48°19.00′ N 123°00.17′ W 48°10.82′ N 123°25.44′ W. 48°09.42′ N 123°24.24′ W. (4) A traffic lane for northbound traf- 48°08.39′ N 123°24.24′ W. fic that connects with precautionary area ‘‘RA,’’ as described in paragraph Thence along the shoreline to the (b)(2) of this section, and is located be- point of beginning (48°11.00′ N.; tween the separation zone described in 123°06.58′ W.). paragraph (b)(1) of this section and a (c) In the northwest/southeast ap- line connecting the following geo- proach consisting of two separation graphical positions: zones, two precautionary areas (‘‘RA’’ 1029

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and ‘‘SA’’), and four traffic lanes, the the separation zone described in para- following are established: graph (c)(1) of this section and a line (1) A separation zone that connects connecting the following geographical with precautionary area ‘‘RA,’’ as de- positions: scribed in paragraph (b)(2) of this sec- Latitude Longitude tion, and is bounded by a line con- 48°27.86′ N 123°08.81′ W necting the following geographical po- 48°25.17′ N 123°04.98′ W sitions: 48°22.48′ N 123°01.73′ W Latitude Longitude 48°20.47′ N 123°00.20′ W ° ′ ° ′ 48 28.72 N 123 08.53 W (6) A traffic lane for southbound traf- 48°25.43′ N 123°03.88′ W ° ′ ° ′ fic connecting with precautionary area 48 22.88 N 123 00.82 W ‘‘RA,’’ as described in paragraphs (b)(2) 48°20.93′ N 122°59.30′ W of this section, and is located between 48°20.82′ N 122°59.62′ W the separation zone described in para- 48°22.72′ N 123°01.12′ W graph (c)(2) of this section and a line 48°25.32′ N 123°04.30′ W connecting the following geographical 48°28.39′ N 123°08.64′ W positions: (2) A separation zone that connects Latitude Longitude with precautionary area ‘‘RA,’’ as de- 48°18.52′ N 122°58.50′ W scribed in paragraph (b)(2) of this sec- 48°12.63′ N 122°52.15′ W tion, and is bounded by a line connecting the following geographical po- (7) Precautionary area ‘‘SA,’’ which sitions: is contained within a circle of radius 2 Latitude Longitude miles centered at geographical position 48°11.45′ N, 122°49.78′ W. 48°18.83′ N 122°57.48′ W (d) In the north/south approach be- 48°13.15′ N 122°51.33′ W 48°13.00′ N 122°51.62′ W tween precautionary areas ‘‘RB’’ and 48°18.70′ N 122°57.77′ W ‘‘SA,’’ as described in paragraph (b)(2) and (c)(7) of this section, respectively, (3) A traffic lane for northbound traf- the following are established: fic that connects with precautionary (1) A separation zone bounded by a ‘‘RA,’’ as described in paragraph (b)(2) line connecting the following geo- of this section, and is located between graphical positions: the separation zone described in para- Latitude Longitude graph (c)(1) of this section and a line 48°24.15′ N 122°44.08′ W connecting the following geographical ° ′ ° ′ positions: 48 13.33 N 122 48.78 W 48°13.38′ N 122°49.15′ W Latitude Longitude 48°24.17′ N 122°44.48′ W 48°29.28′ N 123°08.35′ W (2) A traffic lane for northbound traf- 48°25.60′ N 123°03.13′ W 48°23.20′ N 123°00.20′ W fic located between the separation zone 48°21.00′ N 122°58.50′ W described in paragraph (d)(1) of this section and a line connecting the fol- (4) A traffic lane for northbound traf- lowing geographical positions: fic that connects with precautionary Latitude Longitude area ‘‘RA,’’ as described in paragraph 48°24.08′ N 122°43.38′ W (b)(2) of this section, and is located be- ° ′ ° ′ tween the separation zone described in 48 13.10 N 122 48.12 W paragraph (c)(2) of this section and a (3) A traffic lane for southbound traf- line connecting the following geo- fic located between the separation zone graphical positions: described in paragraph (d)(1) of this Latitude Longitude section and a line connecting the fol- 48°19.20′ N 122°57.03′ W lowing geographical positions: 48°13.35′ N 122°50.63′ W Latitude Longitude 48°24.15′ N 122°45.27′ W (5) A traffic lane for southbound traf- ° ′ ° ′ fic that connects with precautionary 48 13.43 N 122 49.90 W ‘‘RA,’’ as described in paragraph (b)(2) (e) In the east/west approach between of this section, and is located between precautionary areas ‘‘ND’’ and ‘‘SA,’’

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as described in paragraphs (b)(8) and Latitude Longitude (c)(7) of this section, respectively, the ° ′ ° ′ following are established: 48 01.40 N 122 37.57 W 47°57.95′ N 122°34.67′ W (1) A separation zone bounded by a 47°55.85′ N 122°30.22′ W line connecting the following geo- 47°55.67′ N 122°30.40′ W graphical positions: 47°57.78′ N 122°34.92′ W Latitude Longitude 48°01.28′ N 122°37.87′ W 48°11.50′ N 122°52.73′ W ° ′ ° ′ (d) Precautionary area ‘‘SE,’’ which 48 11.73 N 122 52.70 W is contained within a circle of radius ° ′ ° ′ 48 12.48 N 123 06.58 W 0.62 miles, centered at 47°55.40′ N, ° ′ ° ′ 48 12.23 N 123 06.58 W 122°29.55′ W. (2) A traffic lane for northbound traf- (e) A separation zone bounded by a fic between the separation zone de- line connecting the following geo- scribed in paragraph (e)(1) of this sec- graphical positions: tion and a line connecting the fol- Latitude Longitude lowing geographical positions: 47°54.85′ N 122°29.18′ W Latitude Longitude 47°46.52′ N 122°26.30′ W 48°12.22′ N 122°52.52′ W 47°46.47′ N 122°26.62′ W 48°12.98′ N 123°06.58′ W 47°54.80′ N 122°29.53′ W (3) A traffic lane for southbound traf- (f) Precautionary area ‘‘SF,’’ which is fic between the separation zone de- contained within a circle of radius 0.62 scribed in paragraph (e)(1) of this sec- miles, centered at 47°45.90′ N, 122°26.25′ tion and a line connecting the fol- W. lowing geographical positions: (g) A separation zone bounded by a line connecting the following geo- Latitude Longitude graphical positions: 48°11.73′ N 123°06.58′ W Latitude Longitude 48°10.98′ N 122°52.65′ W 47°45.20′ N 122°26.25′ W [USCG–2002–12702, 75 FR 70827, Nov. 19, 2010, 47°40.27′ N 122°27.55′ W as amended by USCG–2014–0410, 79 FR 38448, 47°40.30′ N 122°27.88′ W July 7, 2014] 47°45.33′ N 122°26.60′ W § 167.1323 In Puget Sound and its ap- (h) Precautionary area ‘‘SG,’’ which proaches: Puget Sound. is contained within a circle of radius ° ′ The traffic separation scheme in 0.62 miles, centered at 47 39.68 N, ° ′ Puget Sound consists of six separation 122 27.87 W. zones and two traffic lanes connected (i) A separation zone bounded by a by six precautionary areas. The fol- line connecting the following geo- lowing are established: graphical positions: (a) A separation zone bounded by a Latitude Longitude line connecting the following geo- 47°39.12′ N 122°27.62′ W graphical positions: 47°35.18′ N 122°27.08′ W Latitude Longitude 47°35.17′ N 122°27.35′ W 47°39.08′ N 122°27.97′ W 48°11.08′ N 122°46.88′ W 48°06.85′ N 122°39.52′ W (j) Precautionary area ‘‘T,’’ which is 48°02.48′ N 122°38.17′ W contained within a circle of radius 0.62 48°02.43′ N 122°38.52′ W miles, centered at 47°34.55′ N, 122°27.07′ 48°06.72′ N 122°39.83′ W W. 48°10.82′ N 122°46.98′ W (k) A separation zone bounded by a line connecting the following geo- (b) Precautionary area ‘‘SC,’’ which graphical positions: is contained within a circle of radius 0.62 miles, centered at 48°01.85′ N, Latitude Longitude 122°38.15′ W. 47°34.02′ N 122°26.70′ W (c) A separation zone bounded by a 47°26.92′ N 122°24.10′ W line connecting the following geo- 47°23.07′ N 122°20.98′ W graphical positions: 47°19.78′ N 122°26.58′ W

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47°19.98′ N 122°26.83′ W § 167.1330 In Haro Strait, Boundary 47°23.15′ N 122°21.45′ W Pass, and the Strait of Georgia: 47°26.85′ N 122°24.45′ W General. 47°33.95′ N 122°27.03′ W The traffic separation scheme in (l) Precautionary area ‘‘TC,’’ which is Haro Strait, Boundary Pass, and the contained within a circle of radius 0.62 Strait of Georgia consists of a series of miles, centered at 47°19.48′ N, 122°27.38′ traffic separation schemes, two-way W. routes, and five precautionary areas. (m) A traffic lane for northbound These parts are described in §§ 167.1331 traffic that connects with pre- and 167.1332. The geographic coordi- cautionary areas ‘‘SC,’’ ‘‘SE,’’ ‘‘SF,’’ nates in §§ 167.1331 and 167.1332 are de- ‘‘SG,’’ ‘‘T,’’ and ‘‘TC,’’ as described in fined using North American Datum paragraphs (b), (d), (f), (h), (j), and (k) (NAD 83). of this section, respectively, and is lo- [USCG–2002–12702, 75 FR 70830, Nov. 19, 2010] cated between the separation zones described in paragraphs (a), (c), (e), (g), § 167.1331 In Haro Strait and Bound- (i), and (k) of this section, respectively, ary Pass. and a line connecting the following In Haro Strait and Boundary Pass, geographical positions: the following are established: Latitude Longitude (a) Precautionary area ‘‘V,’’ which is 48°11.72′ N 122°46.83′ W bounded by a line connecting the fol- 48°07.13′ N 122°38.83′ W lowing geographical positions: 48°02.10′ N 122°37.32′ W Latitude Longitude 47°58.23′ N 122°34.07′ W 47°55.83′ N 122°28.80′ W 48°23.15′ N 123°21.12′ W 47°45.92′ N 122°25.33′ W 48°23.71′ N 123°23.88′ W 47°39.68′ N 122°26.95′ W 48°21.83′ N 123°25.56′ W 47°34.65′ N 122°26.18′ W 48°21.15′ N 123°24.83′ W 47°27.13′ N 122°23.40′ W 48°20.93′ N 123°24.26′ W 47°23.33′ N 122°20.37′ W 48°20.93′ N 123°23.22′ W 47°22.67′ N 122°20.53′ W 48°21.67′ N 123°21.12′ W ° ′ ° ′ 47 19.07 N 122 26.75 W 48°23.15′ N 123°21.12′ W (n) A traffic lane for southbound traf- (b) A separation zone that connects fic that connects with precautionary with precautionary area ‘‘V,’’ as de- areas ‘‘SC,’’ ‘‘SE,’’ ‘‘SF,’’ ‘‘SG,’’ ‘‘T,’’ scribed in paragraph (a) of this section, and ‘‘TC,’’ as described in paragraphs and is bounded by a line connecting the (b), (d), (f), (h), (j), and (k) of this sec- following geographical positions: tion, respectively, and is located between the separation zones described in Latitude Longitude paragraphs (a), (c), (e), (g), (i), and (k) 48°22.25′ N 123°21.12′ W of this section, respectively, and a line 48°22.25′ N 123°17.95′ W connecting the following geographical 48°23.88′ N 123°13.18′ W positions: 48°24.30′ N 123°13.00′ W Latitude Longitude 48°22.55′ N 123°18.05′ W 48°10.15′ N 122°47.58′ W 48°22.55′ N 123°21.12′ W ° ′ ° ′ 48 09.35 N 122 45.55 W (c) A traffic lane for eastbound traf- ° ′ ° ′ 48 06.45 N 122 40.52 W fic located between the separation zone ° ′ ° ′ 48 01.65 N 122 30.03 W described in paragraph (b) of this sec- ° ′ ° ′ 47 57.47 N 122 35.45 W tion and a line connecting the fol- ° ′ ° ′ 47 55.07 N 122 30.35 W lowing geographical positions: 47°45.90′ N 122°27.18′ W 47°39.70′ N 122°28.78′ W Latitude Longitude 47°34.47′ N 122°27.98′ W 48°21.67′ N 123°21.12′ W 47°26.63′ N 122°25.12′ W 48°21.67′ N 123°17.70′ W 47°23.25′ N 122°22.42′ W 48°23.10′ N 123°13.50′ W 47°20.00′ N 122°27.90′ W (d) A traffic lane for westbound traf- [USCG–2002–12702, 75 FR 70827, Nov. 19, 2010] fic located between the separation zone 1032

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described in paragraph (b) of this sec- Latitude Longitude tion and a line connecting the fol- ° ′ ° ′ lowing geographical positions: 48 31.60 N 123 10.65 W 48°35.21′ N 123°12.61′ W Latitude Longitude 48°38.37′ N 123°12.36′ W 48°25.10′ N 123°12.67′ W 48°39.41′ N 123°13.14′ W 48°23.15′ N 123°18.30′ W 48°39.41′ N 123°16.06′ W 48°23.15′ N 123°21.12′ W 48°32.83′ N 123°13.45′ W (e) Precautionary area ‘‘DI,’’ which is (k) Precautionary area ‘‘TP,’’ which bounded by a line connecting the fol- is bounded by a line connecting the following geographical positions: lowing geographical positions: Latitude Longitude Latitude Longitude 48°23.10′ N 123°13.50′ W 48°41.06′ N 123°11.04′ W 48°24.30′ N 123°09.95′ W 48°42.23′ N 123°11.35′ W 48°26.57′ N 123°09.22′ W 48°43.80′ N 123°10.77′ W 48°25.10′ N 123°12.67′ W 48°43.20′ N 123°16.06′ W 48°23.10′ N 123°13.50′ W 48°39.41′ N 123°16.06′ W (f) A separation zone bounded by a 48°39.32′ N 123°13.14′ W line connecting the following geo- 48°39.76′ N 123°11.84′ W graphical positions: (l) A two-way route between the fol- Latitude Longitude lowing geographical positions: 48°25.96′ N 123°10.65′ W Latitude Longitude 48°27.16′ N 123°10.25′ W 48°42.23′ N 123°11.35′ W 48°28.77′ N 123°10.84′ W 48°45.51′ N 123°01.82′ W 48°29.10′ N 123°11.59′ W 48°47.78′ N 122°59.12′ W 48°25.69′ N 123°11.28′ W 48°48.19′ N 123°00.84′ W (g) A traffic lane for northbound traf- 48°46.43′ N 123°03.12′ W fic located between the separation zone 48°43.80′ N 123°10.77′ W described in paragraph (f) of this section and a line connecting the fol- [USCG–2002–12702, 75 FR 70830, Nov. 19, 2010] lowing geographical positions: § 167.1332 In the Strait of Georgia. Latitude Longitude In the Strait of Georgia, the fol- 48°26.57′ N 123°09.22′ W lowing are established: 48°27.86′ N 123°08.81′ W (a) Precautionary area ‘‘GS,’’ which (h) A traffic lane for southbound traf- is bounded by a line connecting the fol- fic located between the separation zone lowing geographical positions: described in paragraph (e) of this sec- Latitude Longitude tion and a line connecting the fol- 48°52.30′ N 123°07.44′ W lowing geographical positions: 48°54.81′ N 123°03.66′ W Latitude Longitude 48°49.49′ N 122°54.24′ W 48°29.80′ N 123°13.15′ W 48°47.93′ N 122°57.12′ W 48°25.10′ N 123°12.67′ W 48°47.78′ N 122°59.12′ W 48°48.19′ N 123°00.84′ W (i) Precautionary area ‘‘HS,’’ which 48°52.30′ N 123°07.44′ W is bounded by a line connecting the following geographical positions: (b) A separation zone bounded by a Latitude Longitude line connecting the following geographical positions: 48°27.86′ N 123°08.81′ W 48°29.28′ N 123°08.35′ W Latitude Longitude 48°30.55′ N 123°10.12′ W 48°53.89′ N 123°05.04′ W 48°31.60′ N 123°10.65′ W 48°56.82′ N 123°10.08′ W 48°32.83′ N 123°13.45′ W 48°56.30′ N 123°10.80′ W 48°29.80′ N 123°13.15′ W 48°53.39′ N 123°05.70′ W ° ′ ° ′ 48 27.86 N 123 08.81 W (c) A traffic lane for north-westbound (j) A two-way route between the fol- traffic located between the separation lowing geographical positions: zone described in paragraph (b) of this

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section and a line connecting the fol- fic Separation Scheme, and two pre- lowing geographical positions: cautionary areas. These parts are de- Latitude Longitude scribed in §§ 167.1701 through 167.1703. The geographic coordinates in 48°54.81′ N 123°03.66′ W §§ 167.1701 through 167.1703 are defined 48°57.68′ N 123°08.76′ W using North American Datum 1983 (d) A traffic lane for south-eastbound (NAD 83). traffic between the separation zone de- [USCG–2001–10254, 67 FR 53743, Aug. 19, 2002] scribed in paragraph (b) of this section and a line connecting the following § 167.1701 In Prince William Sound: geographical positions: Precautionary areas. Latitude Longitude (a) Cape Hinchinbrook. A pre- 48°55.34′ N 123°12.30′ W cautionary area is established and is 48°52.30′ N 123°07.44′ W bounded by a line connecting the following geographical positions: (e) Precautionary area ‘‘PR,’’ which is bounded by a line connecting the fol- Latitude Longitude lowing geographical positions: 60°20.59′ N 146°48.18′ W Latitude Longitude 60°12.67′ N 146°40.43′ W 48°55.34′ N 123°12.30′ W 60°11.01′ N 146°28.65′ W ° ′ ° ′ 60°05.47′ N 146°00.01′ W 48 57.68 N 123 08.76 W 60°00.81′ N 146°03.53′ W 49°02.20′ N 123°16.28′ W 60°05.44′ N 146°27.58′ W 49°00.00′ N 123°19.69′ W 59°51.80′ N 146°37.51′ W 59°53.52′ N 146°46.84′ W (f) A separation zone bounded by a 60°07.76′ N 146°36.24′ W line connecting the following geo- 60°11.51′ N 146°46.64′ W ° ′ ° ′ graphical positions: 60 20.60 N 146 54.31 W Latitude Longitude (b) Bligh Reef. A precautionary area 49°01.39′ N 123°17.53′ W is established of radius 1.5 miles cen- 49°03.84′ N 123°21.30′ W tered at geographical position 60°49.63′ 49°03.24′ N 123°22.41′ W N, 147°01.33′ W. 49°00.75′ N 123°18.52′ W (c) Pilot boarding area. A pilot boarding area located near the center of the (g) A traffic lane for north-westbound Bligh Reef precautionary area is estab- traffic located between the separation lished. Regulations for vessels oper- zone described in paragraph (f) of this ating in these areas are in § 165.1109(d) section and a line connecting the fol- of this chapter. lowing geographical positions: Latitude Longitude [USCG–2001–10254, 67 FR 53743, Aug. 19, 2002] 49°02.20′ N 123°16.28′ W § 167.1702 In Prince William Sound: 49°04.52′ N 123°20.04′ W Prince William Sound Traffic Sepa- (h) A traffic lane for south-eastbound ration Scheme. traffic between the separation zone de- The Prince William Sound Traffic scribed in paragraph (f) of this section Separation Scheme consists of the fol- and a line connecting the following lowing: geographical positions: (a) A separation zone bounded by a Latitude Longitude line connecting the following geographical positions: 49°02.51′ N 123°23.76′ W 49°00.00′ N 123°19.69′ W Latitude Longitude

[USCG–2002–12702, 75 FR 70830, Nov. 19, 2010] 60°20.77′ N 146°52.31′ W 60°48.12′ N 147°01.78′ W 60°48.29′ N 146°59.77′ W § 167.1700 In Prince William Sound: 60°20.93′ N 146°50.32′ W General. The Prince William Sound Traffic (b) A traffic lane for northbound traf- Separation Scheme consists of four fic between the separation zone and a parts: Prince William Sound Traffic line connecting the following geo- Separation Scheme, Valdez Arm Traf- graphical positions:

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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); section 711 graphical positions: Pub. L. 111–281, 124 Stat 2905; Department of Homeland Security Delegation No. 170.1, Latitude Longitude para. 2(82). SOURCE: CGD 91–202, 59 FR 42968, Aug. 19, 60°49.10′ N 147°04.19′ W 60°20.60′ N 146°54.31′ W 1994, unless otherwise noted. § 168.01 Purpose. [USCG–2001–10254, 67 FR 53743, Aug. 19, 2002] (a) This part prescribes regulations § 167.1703 In Prince William Sound: in accordance with section 4116(c) of Valdez Arm Traffic Separation the Oil Pollution Act of 1990 (OPA 90) Scheme. (Pub. L. 101–380), as amended by section The Valdez Arm Traffic Separation 711 of the Coast Guard Authorization Scheme consists of the following: Act of 2010 (Pub. L. 111–281). The regu- (a) A separation zone bounded by a lations will reduce the risk of oil spills line connecting the following geo- from laden, single hull and double hull graphical positions: tankers over 5,000 GT by requiring that these tankers be escorted by at least Latitude Longitude two suitable escort vessels in applicable waters, as defined in § 168.40. The es- 60°51.08′ N 147°00.33′ W 60°58.60′ N 146°48.10′ W cort vessels will be immediately avail- 60°58.30′ N 146°47.10′ W able to influence the tankers’ speed 60°50.45′ N 146°58.75′ W and course in the event of a steering or propulsion equipment failure, thereby (b) A traffic lane for northbound traf- reducing the possibility of groundings fic between the separation zone and a or collisions. line connecting the following geo- (b) The regulations in this part estab- graphical positions: lish minimum escort vessel require- Latitude Longitude ments. Nothing in these regulations should be construed as relieving the 60°49.39′ N 146°58.19′ W master of a tanker from the duty to op- ° ′ ° ′ 60 58.04 N 146 46.52 W erate the vessel in a safe and prudent manner, taking into account the navi- (c) A traffic lane for southbound traf- gational constraints of the waterways fic between the separation zone and a to be traversed, other vessel traffic, line connecting the following geo- and anticipated weather, tide, and sea graphical positions: conditions, which may require reduced Latitude Longitude speeds, greater assistance from escort vessels, or other operational pre- ° ′ ° ′ 60 58.93 N 146 48.86 W cautions. 60°50.61′ N 147°03.60′ W [CGD 91–202, 59 FR 42968, Aug. 19, 1994, as [USCG–2001–10254, 67 FR 53743, Aug. 19, 2002] amended by USCG–2012–0975, 78 FR 50339, Aug. 19, 2013]

PART 168—ESCORT REQUIREMENTS § 168.05 Definitions. FOR CERTAIN TANKERS As used in this part— Sec. Disabled tanker means a tanker expe- 168.01 Purpose. riencing a loss of propulsion or steering 168.05 Definitions. control. 168.10 Responsibilities. Double hull tanker means any self- 168.20 Applicable vessels. propelled tank vessel that is con- 168.30 Applicable cargoes. structed with both double bottom and

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double sides in accordance with the nizant Coast Guard Captain of the Port provisions of 33 CFR 157.10d. (COTP). Escort transit means that portion of the tanker’s voyage through waters § 168.20 Applicable vessels. where escort vessels are required. The requirements of this part apply Escort vessel means any vessel that is to the following laden tankers of 5,000 assigned and dedicated to a tanker dur- gross tons or more: ing the escort transit, and that is fendered and outfitted with towing (a) All single hull tankers on the gear as appropriate for its role in an waters listed in § 168.40(a) and (b); and emergency response to a disabled tank- (b) All double hull tankers on the er. waters listed in § 168.40(a). Laden means transporting in bulk [USCG–2012–0975, 78 FR 50340, Aug. 19, 2013] any quantity of applicable cargo, except for clingage and residue in other- § 168.30 Applicable cargoes. wise empty cargo tanks. Single hull tanker means any self-pro- The requirements of this part apply pelled tank vessel that is not con- to any petroleum oil listed in 46 CFR structed with both double bottom and Table 30.25–1 as a pollution category I double sides in accordance with the cargo. provisions of 33 CFR 157.10d. Tanker master means the licensed on- § 168.40 Applicable waters and number board person in charge of the tanker. of escort vessels. Tanker owner or operator means the The requirements of this part apply owner or shoreside organization (indi- to the following waters: vidual, corporation, partnership, or as- (a) Prince William Sound: Each tanker sociation), including a demise to which this part applies must be es- charterer, responsible for the overall corted by at least two escort vessels in management and operation of the those navigable waters of the United tanker. States within Prince William Sound, [CGD 91–202, 59 FR 42968, Aug. 19, 1994, as Alaska, and the adjoining tributaries, amended by USCG–2012–0975, 78 FR 50340, bays, harbors, and ports, including the Aug. 19, 2013] navigable waters of the United States within a line drawn from Cape § 168.10 Responsibilities. Hinchinbrook Light, to Seal Rocks (a) The tanker owner or operator Light, to a point on Montague Island shall: at 60°14.6′ North, 146°59′ West, and the (1) select escort vessels that can meet waters of Montague Strait east of a the performance requirements of this line between Cape Puget and Cape part; and (2) inform the tanker master of the Cleare. performance capabilities of the se- (b) Puget Sound and certain associated lected escort vessels. This information waters: Each tanker to which this part must be provided to the master before applies must be escorted by at least beginning the escort transit. two escort vessels in those navigable (b) The tanker master shall operate waters of the United States and Wash- the tanker within the performance ca- ington State east of a line connecting pabilities of the escort vessels, taking New Dungeness Light with Discovery into account speed, sea and weather Island Light and all points in the conditions, navigational consider- Puget Sound area north and south of ations, and other factors that may these lights. This area includes all the change or arise during the escort tran- navigable waters of the United States sit. within Haro Strait, Rosario Strait, the (c) In an emergency, the tanker mas- Strait of Georgia, Puget Sound, and ter may deviate from the requirements Hood Canal, as well as those portions of this part to the extent necessary to of the Strait of Juan de Fuca east of avoid endangering persons, property, or the New Dungeness-Discovery Island the environment, but shall imme- line. diately report the deviation to the cog-

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§ 168.50 Performance and operational (1) The destination, route, planned requirements. 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 (2) The type and operational status of part applies: communication, towing, steering, and (1) Must be accompanied by escort propulsion equipment on the tanker vessels that meet the performance re- and escort vessels; quirements of paragraph (b) of this sec- (3) The relative positioning and reac- tion (but not less than the number of tion time for the escort vessels to move escorts required by § 168.40). into assist positions, including, if ap- (2) Must have the escort vessels posi- propriate, pre-tethering the escort ves- tioned relative to the tanker such that sels at crucial points along the route; timely response to a propulsion or (4) The preparations required on the steering failure can be effected. tanker and escort vessels, and the (3) Must not exceed a speed beyond methods employed in making an emer- which the escort vessels can reasonably gency towline connection, including be expected to safely bring the tanker stationing of deck crews, preparation under control within the navigational of messenger lines, bridles, and other limits of the waterway, taking into towing gear, and energizing appro- consideration ambient sea and weather priate deck equipment; conditions, surrounding vessel traffic, (5) The manner in which an emer- hazards, and other factors that may re- gency towline connection would be duce the available sea room. made (which escort vessel will respond, (b) The escort vessels, acting singly how messengers and towlines will be or jointly in any combination as need- passed, etc.); ed, and considering their applied force (6) Other relevant information pro- vectors on the tanker’s hull, must be vided by the tanker master, pilot or es- capable of— cort vessel masters. (1) Towing the tanker at 4 knots in calm conditions, and holding it in PART 169—SHIP REPORTING steady position against a 45-knot SYSTEMS headwind; (2) [Reserved] Subpart A—General (3) Holding the tanker on a steady course against a 35-degree locked rud- Sec. der at a speed of 6 knots; and 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? 169.15 Incorporation by reference: Where could turn itself with a hard-over rud- can I get a copy of the publications men- der. tioned in this part? [CGD 91–202, 59 FR 42968, Aug. 19, 1994, as amended at 70 FR 55730, Sept. 23, 2005] Subpart B—Establishment of Two Manda- tory Ship Reporting Systems for the § 168.60 Pre-escort conference. Protection of Northern Right Whales (a) Before commencing an escort 169.100 What mandatory ship reporting sys- transit, the tanker master shall confer, tems are established by this subpart? by radio or in person, with the tanker 169.102 Who is the shore-based authority? pilot and the masters of the escort ves- 169.105 Where is the northeastern reporting sels regarding the escort operation. system located? (b) The purpose of the pre-escort con- 169.110 When is the northeastern reporting ference is for all parties to plan and system in effect? 169.115 Where is the southeastern reporting discuss particulars of the escort tran- system located? sit. 169.120 When is the southeastern reporting (c) At a minimum, the following top- system in effect? ics must be addressed during the pre- 169.125 What classes of ships are required to escort conference: make reports?

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169.130 When are ships required to make re- § 169.5 How are terms used in this part ports? defined? 169.135 How must the reports be made? 169.140 What information must be included As used in this part— in the report? Administration means the Govern- ment of the State whose flag the ship Subpart C—Transmission of Long Range is entitled to fly. Identification and Tracking Information Cargo ship means any ship which is not a passenger ship. 169.200 What is the purpose of this subpart? 169.205 What types of ships are required to Flag Administration means the Gov- transmit LRIT information (position re- ernment of a State whose flag the ship ports)? is entitled to fly. 169.210 Where during its international voy- Gross tonnage means tonnage as de- age must a ship transmit position re- fined under the International Conven- ports? tion on Tonnage Measurement of 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 LRIT equipment? Gross tons means vessel tonnage 169.225 Which Application Service Providers measured in accordance with the meth- may a ship use? od utilized by the flag state adminis- 169.230 How often must a ship transmit posi- tration of that vessel. tion reports? High speed craft means a craft that is 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 operate? responding to the design waterline in 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- egation No. 0170.1. high speed craft carrying more than 12 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 used to provide, gather, or exchange in- until the ship returns to the United formation through radio reports. The States from its last foreign port. information is used to provide data for Long range identification and tracking many purposes including, but not lim- (LRIT) information or position report ited to: navigation safety, maritime se- means a report containing the fol- curity and domain awareness, environ- lowing information: mental protection, vessel traffic serv- (1) The identity of the ship; ices, search and rescue, weather fore- (2) The position of the ship (latitude casting and prevention of marine pollu- and longitude); and tion. (3) The date and time of the position NOTE TO § 169.1: For ship reporting system provided. requirements not established by the Coast LRIT Data Center means a center es- Guard, see 50 CFR Part 404. tablished by a SOLAS Contracting [USCG–1999–5525, 64 FR 29234, June 1, 1999, as Government or a group of Contracting amended by USCG–2005–22612, 73 FR 23318, Governments, or in the case of the Apr. 29, 2008; USCG–2009–0416, 74 FR 27442, International Data Center, by IMO, to June 10, 2009] request, receive, process, and archive

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LRIT information. An LRIT Data Cen- appropriate corrections that are pub- ter may be National, Regional, Co-op- lished on the particular map or chart erative or International. being used. Mandatory ship reporting system means a ship reporting system that re- § 169.15 Incorporation by reference: quires the participation of specified Where can I get a copy of the publi- vessels or classes of vessels, and that is cations mentioned in this part? established by a government or govern- (a) Certain material is incorporated ments after adoption of a proposed sys- by reference into this part with the ap- tem by the International Maritime Or- proval of the Director of the Federal ganization (IMO) as complying with all Register under 5 U.S.C. 552(a) and 1 requirements of regulation V/8–1 of the CFR part 51. To enforce any edition International Convention for the Safe- other than that specified in this sec- ty of Life at Sea, 1974, as amended tion, the Coast Guard must publish no- (SOLAS), except paragraph (e) thereof. 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 Self-propelled ships means ships pro- NARA, call 202–741–6030 or go to http:// pelled by mechanical means. www.archives.gov/federallregister/ Shore-based authority means the gov- codeloflfederallregulations/ ernment appointed office or offices ibrllocations.html. Also, it is available that will receive the reports made by for inspection at Coast Guard Head- ships entering each of the mandatory quarters. Contact Commandant (CG– ship reporting systems. The office or NAV), Attn: Office of Navigation Sys- offices will be responsible for the man- tems, 2703 Martin Luther King Jr. Ave- agement and coordination of the sys- nue SE., Stop 7418, Washington, DC tem, interaction with participating 20593–7418, and is available from the ships, and the safe and effective oper- sources indicated in this section. ation of the system. Such an authority (b) International Electrotechnical Com- may or may not be an authority in charge of a vessel traffic service. mission (IEC) Bureau Central de la Com- United States means the States of the mission Electrotechnique Internationale, 3 United States, the District of Colum- rue de Varembe´, P.O. Box 131, 1211 Ge- bia, Guam, Puerto Rico, the Virgin Is- neva 20, Switzerland. lands, American Samoa, the Northern (1) IEC 60945, Fourth edition 2002–08, Mariana Islands, and any other terri- Maritime navigation and tory or possession of the United States. radiocommunication equipment and systems—General requirements—Meth- [USCG–1999–5525, 66 FR 58070, Nov. 20, 2001, as amended by USCG–2005–22612, 73 FR 23318, ods of testing and required test results, Apr. 29, 2008] incorporation by reference approved for § 169.215. § 169.10 What geographic coordinates (2) [Reserved] are used? (c) International Maritime Organization Geographic coordinates expressed in (IMO), 4 Albert Embankment, London terms of latitude or longitude, or both, SE1 7SR, U.K. are not intended for plotting on maps (1) IMO Resolution MSC.202(81), or charts where the referenced hori- adopted on May 19, 2006, Adoption of zontal datum is the North American Amendments to the International Con- Datum of 1983 (NAD 83), unless such ge- vention for the Safety of Life at Sea, ographic coordinates are expressly la- 1974, as Amended, incorporation by ref- beled NAD 83. Geographic coordinates erence approved for § 169.240. without the NAD 83 reference may be plotted on maps or charts referenced to (2) IMO Resolution MSC.210(81), NAD 83 only after application of the adopted on May 19, 2006, Performance

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Standards and Functional Require- § 169.102 Who is the shore-based au- ments for the Long-Range Identifica- thority? tion and Tracking of Ships, incorpora- The U.S. Coast Guard is the shore- tion by reference approved for §§ 169.215 based authority for these mandatory and 169.240. ship reporting systems. (3) IMO Resolution MSC.254(83), adopted on October 12, 2007, Adoption § 169.105 Where is the northeastern re- of Amendments to the Performance porting system located? Standards and Functional Require- ments for the Long-Range Identifica- Geographical boundaries of the tion and Tracking of Ships, incorpora- northeastern area include the waters of tion by reference approved for §§ 169.215 Cape Cod Bay, Massachusetts Bay, and and 169.240. the Great South Channel east and (4) IMO Resolution A.694(17), adopted southeast of Massachusetts. The co- on November 6, 1991, General Require- ordinates (NAD 83) of the area are as ments for Shipborne Radio Equipment follows: from a point on Cape Ann, Forming Part of the Global Maritime Massachusetts at 42°39′ N, 70°37′ W; then Distress and Safety System (GMDSS) northeast to 42°45′ N, 70°13′ W; then and for Electronic Navigational Aids, southeast to 42°10′ N, 68°31′ W; then incorporation by reference approved south to 41°00′ N, 68°31′ W; then west to for § 165.215. 41°00′ N, 69°17′ W; then northeast to (5) International Convention on Ton- 42°05′ N, 70°02′ W, then west to 42°04′ N, nage Measurement of Ships, 1969, incor- 70°10′ W; and then along the Massachu- poration by reference approved for setts shoreline of Cape Cod Bay and § 169.5. Massachusetts Bay back to the point [USCG–2005–22612, 73 FR 23319, Apr. 29, 2008, on Cape Anne at 42°39′ N, 70°37′ W. as amended by USCG–2010–0351, 75 FR 36287, June 25, 2010; USCG–2011–0257, 76 FR 31838, § 169.110 When is the northeastern re- June 2, 2011; USCG–2014–0410, 79 FR 38448, porting system in effect? July 7, 2014] The mandatory ship reporting system in the northeastern United States Subpart B—Establishment of Two operates year-round. Mandatory Ship Reporting Systems for the Protection of § 169.115 Where is the southeastern re- Northern Right Whales porting system located? Geographical boundaries of the § 169.100 What mandatory ship reporting systems are established by this southeastern area include coastal subpart? waters within about 25 nautical miles (45 kilometer) along a 90-nautical mile This subpart prescribes requirements for the establishment and maintenance (170-kilometer) stretch of the Atlantic of two mandatory ship reporting sys- seaboard in Florida and Georgia. The tems for the protection of the endan- area coordinates (NAD 83) extends from gered northern right whale (also known the shoreline east to longitude 80°51.6′ as the North Atlantic right whale). W with the southern and northern These two systems are designated for boundaries at latitude 30°00′ N and certain areas of the East Coast of the 31°27′ N, respectively. United States. One system is located in the northeast and is identified as § 169.120 When is the southeastern re- WHALESNORTH. The other system is porting system in effect? located in the southeast and is identi- The mandatory ship reporting sys- fied as WHALESSOUTH. tem in the southeastern United States

NOTE TO § 169.100: 50 CFR 224.103(c) contains operates during the period beginning requirements and procedures concerning on November 15 each year through northern right whale approach limitations April 16 of the following year. and avoidance procedures. [USCG–1999–5525, 66 FR 58070, Nov. 20, 2001] [USCG–1999–5525, 64 FR 29234, June 1, 1999, as amended by 66 FR 58070, Nov. 20, 2001]

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§ 169.125 What classes of ships are re- Guard using other means, listed below quired to make reports? in order of precedence— (1) Narrow band direct printing Each self-propelled ship of 300 gross (SITOR), tons or greater must participate in the (2) HF voice communication, or reporting systems, except government (3) MF or VHF voice communica- ships exempted from reporting by regu- tions. lation V/8–1(c) of SOLAS. However, ex- (c) SITOR or HF reports made di- empt ships are encouraged to partici- rectly to the Coast Guard’s Commu- pate in the reporting systems. nications Area Master Station Atlantic [USCG–1999–5525, 66 FR 58070, Nov. 20, 2001] (CAMSLANT) in Chesapeake, VA, or MF or VHF reports made to Coast § 169.130 When are ships required to Guard activities or groups, should only make reports? be made by ships not equipped with INMARSAT C. Ships in this category Participating ships must report to must provide all the required informa- the shore-based authority upon enter- tion to the Coast Guard watchstander. ing the area covered by a reporting system. Additional reports are not nec- [USCG–1999–5525, 64 FR 29234, June 1, 1999, as essary for movements made within a amended by 66 FR 58070, Nov. 20, 2001] system or for ships exiting a system. § 169.140 What information must be included in the report? § 169.135 How must the reports be made? Each ship report made to the shore- based authority must follow the stand- (a) A ship equipped with INMARSAT ard reporting and format requirements C must report in IMO standard format listed in this section in table 169.140. as provided in § 169.140 in table 169.140. Current email addresses and telex num- (b) A ship not equipped with bers are published annually in the US INMARSAT C must report to the Coast Coast Pilot.

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]

Subpart C—Transmission of Long § 169.200 What is the purpose of this Range Identification and subpart? Tracking Information This subpart implements Regulation 19–1 of SOLAS Chapter V (SOLAS V/19– SOURCE: USCG–2005–22612, 73 FR 23319, Apr. 1) and requires certain ships engaged 29, 2008, unless otherwise noted. on an international voyage to transmit

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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. national voyage must transmit position reports when the ship is within § 169.225 Which Application Service Providers may a ship use? 1,000 nautical miles of the baseline of the United States, unless their Flag A ship may use an Application Serv- Administration, under authority of ice Provider (ASP) recognized by its SOLAS V/19–1.9.1, has directed them Administration. Some Communication not to do so. Service Providers may also serve as an ASP. § 169.215 How must a ship transmit position reports? § 169.230 How often must a ship trans- A ship must transmit position re- mit position reports? ports using Long Range Identification A ship’s LRIT equipment must trans- and Tracking (LRIT) equipment that mit position reports at 6-hour intervals

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

SUBCHAPTERS Q–R [RESERVED]

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