33 U.S.C. 1223, 1231; 46 U.S.C. Chapter 701; Department of Homeland Security Delegation 0170. Subpart D is also issued under the authority of 33 U.S.C. 125 and 46 U.S.C. 3715.
CGD 79-026, 48 FR 35404, Aug. 4, 1983, unless otherwise noted.
(a) This subchapter contains regulations implementing the Ports and Waterways Safety Act (33 U.S.C. 1221) and related statutes.
For the purposes of this subchapter:
Although regulatory jurisdiction is limited to the navigable waters of the United States, certain vessels will be encouraged or may be required, as a condition of port entry, to report beyond this area to facilitate traffic management within the VTS area.
(a) District Commanders and Captains of the Ports are delegated the authority to establish safety zones.
(b) Under the provisions of §§ 6.04-1 and 6.04-6 of this chapter, District Commanders and Captains of the Ports have been delegated authority to establish security zones.
(c) Under the provisions of § 1.05-1 of this chapter, District Commanders have been delegated authority to establish regulated navigation areas.
(d) Subject to the supervision of the cognizant Captain of the Port and District Commander, Commanding Officers, Vessel Traffic Services are delegated authority under 33 CFR 1.01-30 to discharge the duties of the Captain of the Port that involve directing the operation, movement, and anchorage of vessels within a Vessel Traffic Service area including management of vessel traffic within anchorages, regulated navigation areas and safety zones, and to enforce Vessel Traffic Service and ports and waterways safety regulations. This authority may be exercised by Vessel Traffic Center personnel. The Vessel Traffic Center may, within the Vessel Traffic Service area, provide information, make recommendations, or, to a vessel required under Part 161 of this chapter to participate in a Vessel Traffic Service, issue an order, including an order to operate or anchor as directed; require the vessel to comply with orders issued; specify times of entry, movement or departure; restrict operations as necessary for safe operation under the circumstances; or take other action necessary for control of the vessel and the safety of the port or of the marine environment.
(a) Any person directly affected by a safety zone or an order or direction issued under this subchapter may request reconsideration by the official who issued it or in whose name it was issued. This request may be made orally or in writing, and the decision of the official receiving the request may be rendered orally or in writing.
(b) Any person directly affected by the establishment of a safety zone or by an order or direction issued by, or on behalf of, a Captain of the Port may appeal to the District Commander through the Captain of the Port. The appeal must be in writing, except as allowed under paragraph (d) of this section, and shall contain complete supporting documentation and evidence which the appellant wishes to have considered. Upon receipt of the appeal, the District Commander may direct a representative to gather and submit documentation or other evidence which would be necessary or helpful to a resolution of the appeal. A copy of this documentation and evidence is made available to the appellant. The appellant is afforded five working days from the date of receipt to submit rebuttal materials. Following submission of all materials, the District Commander issues a ruling, in writing, on the appeal.Prior to issuing the ruling, the
(c) Any person directly affected by the establishment of a safety zone or by an order or direction issued by a District Commander, or who receives an unfavorable ruling on an appeal taken under paragraph (b) of this section, may appeal through the District Commander to the Assistant Commandant for Marine Safety, Security and Environmental Protection, U.S. Coast Guard, Washington, DC 20593. The appeal must be in writing, except as allowed under paragraph (d) of this section. The District Commander forwards the appeal, all the documents and evidence which formed the record upon which the order or direction was issued or the ruling under paragraph (b) of this section was made, and any comments which might be relevant, to the Assistant Commandant for Marine Safety, Security and Environmental Protection. A copy of this documentation and evidence is made available to the appellant. The appellant is afforded five working days from the date of receipt to submit rebuttal materials to the Assistant Commandant for Marine Safety, Security and Environmental Protection. The decision of the Assistant Commandant for Marine Safety, Security and Environmental Protection is based upon the materials submitted, without oral argument or presentation. The decision of the Assistant Commandant for Marine Safety, Security and Environmental Protection is issued in writing and constitutes final agency action.
(d) If the delay in presenting a written appeal would have significant adverse impact on the appellant, the appeal under paragraphs (b) and (c) of this section may initially be presented orally. If an initial presentation of the appeal is made orally, the appellant must submit the appeal in writing within five days of the oral presentation to the Coast Guard official to whom the presentation was made. The written appeal must contain, at a minimum, the basis for the appeal and a summary of the material presented orally. If requested, the official to whom the appeal is directed may stay the effect of the action while the ruling is being appealed.
This subpart describes the authority exercised by District Commanders and Captains of the Ports to insure the safety of vessels and waterfront facilities, and the protection of the navigable waters and the resources therein. The controls described in this subpart are directed to specific situations and hazards.
(a) This subpart applies to any—
(1) Vessel on the navigable waters of the United States, except as provided in paragraphs (b) and (c) of this section;
(2) Bridge or other structure on or in the navigable waters of the United States; and
(3) Land structure or shore area immediately adjacent to the navigable waters of the United States.
(b) This subpart does not apply to any vessel on the Saint Lawrence Seaway.
(c) Except pursuant to international treaty, convention, or agreement, to which the United States is a party, this subpart does not apply to any foreign vessel that is not destined for, or departing from, a port or place subject to the jurisdiction of the United States and that is in:
(1) Innocent passage through the territorial sea of the United States;
(2) Transit through the navigable waters of the United States which form a part of an international strait.
Each person who has notice of the terms of an order issued under this subpart must comply with that order.
Each District Commander or Captain of the Port, subject to recognized principles of international law, may deny entry into the navigable waters of the United States or to any port or place under the jurisdiction of the United States, and within the district or zone of that District Commander or Captain of the Port, to any vessel not in compliance with the provisions of the Port and Tanker Safety Act (33 U.S.C. 1221-1232) or the regulations issued thereunder.
(a) To prevent damage to, or the destruction of, any bridge or other structure on or in the navigable waters of the United States, or any land structure or shore area immediately adjacent to such waters, and to protect the navigable waters and the resources therein from harm resulting from vessel or structure damage, destruction, or loss, each District Commander or Captain of the Port may:
(1) Direct the handling, loading, unloading, storage, and movement (including the emergency removal, control and disposition) of explosives or other dangerous articles and substances, including oil or hazardous material as those terms are defined in 46 U.S.C. 2101 on any structure on or in the navigable waters of the United States, or any land structure or shore area immediately adjacent to those waters; and
(2) Conduct examinations to assure compliance with the safety equipment requirements for structures.
Each District Commander or Captain of the Port may order a vessel to operate or anchor in the manner directed when:
(a) The District Commander or Captain of the Port has reasonable cause to believe that the vessel is not in compliance with any regulation, law or treaty;
(b) The District Commander or Captain of the Port determines that the vessel does not satisfy the conditions for vessel operation and cargo transfers specified in § 160.113; or
(c) The District Commander or Captain of the Port has determined that such order is justified in the interest of safety by reason of weather, visibility, sea conditions, temporary port congestion, other temporary hazardous circumstances, or the condition of the vessel.
(a) Each District Commander or Captain of the Port may prohibit any vessel, subject to the provisions of chapter 37 of Title 46, U.S. Code, from operating in the navigable waters of the United States, or from transferring cargo or residue in any port or place under the jurisdiction of the United States, and within the district or zone of that District Commander or Captain of the Port, if the District Commander or the Captain of the Port determines that the vessel's history of accidents, pollution incidents, or serious repair problems creates reason to believe that the vessel may be unsafe or pose a threat to the marine environment.
(b) The authority to issue orders prohibiting operation of the vessels or transfer of cargo or residue under paragraph (a) of this section also applies if the vessel:
(1) Fails to comply with any applicable regulation;
(2) Discharges oil or hazardous material in violation of any law or treaty of the United States;
(3) Does not comply with applicable vessel traffic service requirements;
(4) While underway, does not have at least one licensed deck officer on the navigation bridge who is capable of communicating in the English language.
(c) When a vessel has been prohibited from operating in the navigable waters of the United States under paragraphs (a) or (b) of this section, the District Commander or Captain of the Port may allow provisional entry into the navigable waters of the United States, or into any port or place under the jurisdiction of the United States and within
(d) A vessel which has been prohibited from operating in the navigable waters of the United States, or from transferring cargo or residue in a port or place under the jurisdiction of the United States under the provisions of paragraph (a) or (b)(1), (2) or (3) of this section, may be allowed provisional entry if the owner or operator proves, to the satisfaction of the District Commander or Captain of the Port that has jurisdiction, that the vessel is no longer unsafe or a threat to the environment, and that the condition which gave rise to the prohibition no longer exists.
Each District Commander or Captain of the Port may request the Secretary of the Treasury, or the authorized representative thereof, to withhold or revoke the clearance required by 46 U.S.C. App. 91 of any vessel, the owner or operator of which is subject to any penalties under 33 U.S.C. 1232.
USCG-2002-11865, 68 FR 9543, Feb. 28, 2003, unless otherwise noted.
This subpart contains requirements and procedures for submitting Notices of Arrival (NOA) and Notice of Hazardous Condition. The sections in this subpart describe:
(a) Applicability and exemptions from requirements in this subpart;
(b) Required information in an NOA;
(c) Required changes to an NOA;
(d) Methods and times for submission of an NOA and changes to an NOA;
(e) How to obtain a waiver; and
(f) Requirements for submission of the Notice of Hazardous Conditions.
(a) This subpart applies to U.S. and foreign vessels bound for or departing from ports or places in the United States.
(b) This subpart does not apply to recreational vessels under 46 U.S.C. 4301
(c) Unless otherwise specified in this subpart, the owner, agent, master, operator, or person in charge of a vessel regulated by this subpart is responsible for compliance with the requirements in this subpart.
(d) Towing vessels controlling a barge or barges required to submit an NOA under this subpart must submit only one NOA containing the information required for the towing vessel and each barge under its control.
(a) Except for reporting notice of hazardous conditions, the following vessels are exempt from requirements in this subpart:
(1) Passenger and supply vessels when they are employed in the exploration for or in the removal of oil, gas, or mineral resources on the continental shelf.
(2) Oil Spill Recovery Vessels (OSRVs) when engaged in actual spill response operations or during spill response exercises.
(3) Vessels operating upon the following waters:
(i) Mississippi River between its sources and mile 235, Above Head of Passes;
(ii) Tributaries emptying into the Mississippi River above mile 235;
(iii) Atchafalaya River above its junction with the Plaquemine-Morgan City alternate waterway and the Red River; and
(iv) The Tennessee River from its confluence with the Ohio River to mile
(b) If not carrying certain dangerous cargo or controlling another vessel carrying certain dangerous cargo, the following vessels are exempt from NOA requirements in this subpart:
(1) Vessels 300 gross tons or less, except for vessels entering any port or place in the Seventh Coast Guard District as described in 33 CFR 3.35-1(b).
(2) Vessels operating exclusively within a Captain of the Port Zone.
(3) Vessels arriving at a port or place under force majeure.
(4) Towing vessels and barges operating solely between ports or places in the continental United States.
(5) Public vessels.
(6) Except for tank vessels, U.S. vessels operating solely between ports or places in the United States on the Great Lakes.
(c) Vessels less than 500 gross tons need not submit the International Safety Management (ISM) Code Notice (Entry (7) to Table 160.206).
(d) Vessels operating solely between ports or places in the continental United States need not submit the Cargo Declaration (Customs Form 1302), (Entry (8) to Table 160.206).
(e) This section does not exempt any vessel from compliance with the U.S. Customs Service (USCS) reporting or submission requirements.
(f) U.S. vessels need not submit the International Ship and Port Facility Code (ISPS) Notice information (Entry (9) to Table 160.206).
1: By USCG-2002-11865, 68 FR 27908, May 22, 2003, in § 160.203, paragraphs (d) and (e) were suspended, effective May 22, 2003.
2: By USCG-2003-14749, 68 FR 39313, July 1, 2003, § 160.203 was amended by adding paragraph (f), effective July 1, 2003 to Nov. 25, 2003.
As used in this subpart:
(1) Division 1.1 or 1.2 explosives as defined in 49 CFR 173.50.
(2) Division 1.5D blasting agents for which a permit is required under 49 CFR 176.415 or, for which a permit is required as a condition of a Research and Special Programs Administration exemption.
(3) Division 2.3 “poisonous gas”, as listed in 49 CFR 172.101 that is also a “material poisonous by inhalation” as defined in 49 CFR 171.8, and that is in a quantity in excess of 1 metric ton per vessel.
(4) Division 5.1 oxidizing materials for which a permit is required under 49 CFR 176.415 or for which a permit is required as a condition of a Research and Special Programs Administration exemption.
(5) A liquid material that has a primary or subsidiary classification of Division 6.1 “poisonous material” as listed in 49 CFR 172.101 that is also a “material poisonous by inhalation,” as defined in 49 CFR 171.8 and that is in a bulk packaging, or that is in a quantity in excess of 20 metric tons per vessel when not in a bulk packaging.
(6) Class 7, “highway route controlled quantity” radioactive material or “fissile material, controlled shipment,” as defined in 49 CFR 173.403.
(7) Bulk liquefied chlorine gas and Bulk liquefied gas cargo that is flammable and/or toxic and carried under 46 CFR 154.7.
(8) The following bulk liquids:
(i) Acetone cyanohydrin,
(ii) Allyl alcohol,
(iii) Chlorosulfonic acid,
(iv) Crotonaldehyde,
(v) Ethylene chlorohydrin,
(vi) Ethylene dibromide,
(vii) Methacrylonitrile, and
(viii) Oleum (fuming sulfuric acid).
(a) Each NOA must contain all of the information items specified in Table 160.206.
(b) Vessels operating solely between ports or places in the continental United States need submit only the name of and date of arrival and departure for the last port or places visited to meet the requirements in entries (2)(i) and (ii) to Table 160.206 of this section.
(c) You may submit a copy of INS Form I-418 to meet the requirements of entries (4) and (5) in Table 160.206.
(d) Any vessel planning to enter two or more consecutive ports or places in the United States during a single voyage may submit one consolidated Notification of Arrival at least 96 hours before entering the first port or place of destination. The consolidated notice must include the name of the port or place and estimated arrival date for each destination of the voyage. Any vessel submitting a consolidated notice under this section must still meet the requirements of § 160.208 of this part concerning requirements for changes to an NOA.
1: By USCG-2002-11865, 68 FR 27908, May 22, 2003, in § 160.206, in paragraph (a), item (8) in table 160.206 was suspended, effective May 22, 2003.
2: By USCG-2003-14749, 68 FR 39313, July 1, 2003, § 160.206 was amended in the table in paragraph (a), by adding paragraph (9), effective July 1, 2003 to Nov. 25, 2003.
(a) Unless otherwise specified in this section, when submitted NOA information changes, vessels must submit a notice of change within the times required in § 160.212.
(b) Changes in the following information need not be reported:
(1) Changes in arrival or departure times that are less than six (6) hours;
(2) Changes in vessel location or position of the vessel at the time of reporting (entry (2)(vi) to Table 160.206); and
(3) Changes to crewmembers' position or duties on the vessel (entry (5)(v) to Table 160.206).
(c) When reporting changes, submit only the name of the vessel, original NOA submission date, the port of arrival, the specific items to be corrected, and the new location or position of the vessel at the time of reporting. Only changes to NOA information need to be submitted.
(a)
(1) Telephone at 1-800-708-9823 or 304-264-2502;
(2) Fax at 1-800-547-8724 or 304-264-2684; or
(3) E-mail at
(a): Information about the National Vessel Movement Center is available on its Web site at
(b)
(c)
(d)
(1) Beginning July 1, 2003, the Cargo Declaration (Customs Form 1302) in entry (8) in Table 160.206 must be submitted electronically to the USCS Sea AMS by one of the following methods:
(i) By direct connection with USCS or by purchasing the proper software; or
(ii) Using a service provider or a Port Authority.
(2) To become a participant in Sea AMS, submitters must provide a letter of intent to USCS prior to first submission.
By USCG-2002-11865, 68 FR 27908, May 22, 2003, in § 160.210, the last sentence of paragraph (b), the last sentence of paragraph (c), and paragraph (d) were suspended, effective May 22, 2003.
(a)
(2) Towing vessels, when in control of a vessel carrying CDC and operating solely between ports or places in the continental United States, must submit an NOA before departure but at least 12 hours before entering the port or place of destination.
(3) Times for submitting NOAs areas follows:
(b)
(2) Towing vessels, when in control of a vessel carrying CDC and operating solely between ports or places in the continental United States, must submit changes to an NOA as soon as practicable but at least 6 hours before entering the port or place of destination.
(3) Times for submitting changes to NOAs are as follows:
(c)
(2)(i) Except for vessels carrying containerized cargo or break bulk cargo, vessels carrying bulk cargo may submit the Cargo Declaration (Customs Form 1302), (Entry (8) to Table 160.206) before departure but at least 24 hours before entering the U.S. port or place of destination.
(ii) Vessels carrying break bulk cargo operating under a USCS exemption granted under 19 CFR 4.7(b)(4)(ii) may, during the effective period of the USCS exemption, submit the Cargo Declaration (Customs Form 1302), (Entry (8) to Table 160.206) before departure but at least 24 hours before entering the U.S. port or place of destination.
By USCG-2002-11865, 68 FR 27908, May 22, 2003, in § 160.212, paragraph (c) was suspended, effective May 22, 2003.
The Captain of the Port may waive, within that Captain of the Port's designated zone, any of the requirements of this subpart for any vessel or class of vessels upon finding that the vessel, route, area of operations, conditions of the voyage, or other circumstances are such that application of this subpart is unnecessary or impractical for purposes of safety, environmental protection, or national security.
Whenever there is a hazardous condition either aboard a vessel or caused by a vessel or its operation, the owner, agent, master, operator, or person in charge shall immediately notify the nearest Coast Guard Marine Safety Office or Group Office. (Compliance with this section does not relieve responsibility for the written report required by 46 CFR 4.05-10.)
33 U.S.C. 1223, 1231; 46 U.S.C. 70114, 70117; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.
CGD 90-020, 59 FR 36324, July 15, 1994, unless otherwise noted.
(a) The purpose of this part is to promulgate regulations implementing and enforcing certain sections of the Ports and Waterways Safety Act (PWSA) setting up a national system of Vessel Traffic Services that will enhance navigation, vessel safety, and marine environmental protection, and promote safe vessel movement by reducing the potential for collisions, rammings, and groundings, and the loss of lives and property associated with these incidents within VTS areas established hereunder.
(b) Vessel Traffic Services provide the mariner with information related to the safe navigation of a waterway. This information, coupled with the mariner's compliance with the provisions set forth in this part, enhances the safe routing of vessels through congested waterways or waterways of particular hazard. Under certain circumstances, a VTS may issue directions to control the movement of vessels in order to minimize the risk of collision between vessels, or damage to property or the environment.
(c) The owner, operator, charterer, master, or person directing the movement of a vessel remains at all times responsible for the manner in which the vessel is operated and maneuvered, and is responsible for the safe navigation of the vessel under all circumstances. Compliance with these rules or with a direction of the VTS is at all times contingent upon the exigencies of safe navigation.
(d) Nothing in this part is intended to relieve any vessel, owner, operator, charterer, master, or person directing the movement of a vessel from the consequences of any neglect to comply with this part or any other applicable law or regulation (e.g., the International Regulations for Prevention of Collisions at Sea, 1972 (72 COLREGS) or the Inland Navigation Rules) or of the neglect of any precaution which may be required by the ordinary practice of
For the purposes of this part:
(1) The absence or malfunction of vessel operating equipment, such as propulsion machinery, steering gear, radar system, gyrocompass, depth sounding device, automatic radar plotting aid (ARPA), radiotelephone, Automatic Identification System equipment, navigational lighting, sound signaling devices or similar equipment.
(2) Any condition on board the vessel likely to impair navigation, such as lack of current nautical charts and publications, personnel shortage, or similar condition.
(3) Vessel characteristics that affect or restrict maneuverability, such as cargo arrangement, trim, loaded condition, underkeel clearance, speed, or similar characteristics.
Although regulatory jurisdiction is limited to the navigable waters of the United States, certain vessels will be encouraged or may be required, as a condition of port entry, to report beyond this area to facilitate traffic management within the VTS area.
(a) Subject to the Vessel Bridge-to-Bridge Radiotelephone Act; or
(b) Required to participate in a VMRS within a VTS area (VMRS User).
The provisions of this subpart shall apply to each VTS User and may also apply to any vessel while underway or at anchor on the navigable waters of the United States within a VTS area, to the extent the VTS considers necessary.
Each VTS User shall carry on board and maintain for ready reference a copy of these rules.
These rules are contained in the applicable U.S. Coast Pilot, the VTS User's Manual which may be obtained by contacting the appropriate VTS, and periodically published in the Local Notice to Mariners. The VTS User's Manual and the World VTS Guide, an International Maritime Organization (IMO) recognized publication, contain additional information which may assist the prudent mariner while in the appropriate VTS area.
(a) Requests to deviate from any provision in this part, either for an extended period of time or if anticipated before the start of a transit, must be submitted in writing to the appropriate District Commander. Upon receipt of the written request, the District Commander may authorize a deviation if it is determined that such a deviation provides a level of safety equivalent to that provided by the required measure or is a maneuver considered necessary for safe navigation under the circumstances. An application for an authorized deviation must state the need and fully describe the proposed alternative to the required measure.
(b) Requests to deviate from any provision in this part due to circumstances that develop during a transit or immediately preceeding a transit, may be made verbally to the appropriate VTS Commanding Officer. Requests to deviate shall be made as far in advance as practicable. Upon receipt of the request, the VTS Commanding Officer may authorize a deviation if it is determined that, based on vessel handling characteristics, traffic density, radar contacts, environmental conditions and other relevant information, such a deviation provides a level of safety equivalent to that provided by the required measure or is a maneuver considered necessary for safe navigation under the circumstances.
To enhance navigation and vessel safety, and to protect the marine environment, a VTS may issue advisories, or respond to vessel requests for information, on reported conditions within the VTS area, such as:
(a) Hazardous conditions or circumstances;
(b) Vessel congestion;
(c) Traffic density;
(d) Environmental conditions;
(e) Aids to navigation status;
(f) Anticipated vessel encounters;
(g) Another vessel's name, type, position, hazardous vessel operating conditions, if applicable, and intended navigation movements, as reported;
(h) Temporary measures in effect;
(i) A description of local harbor operations and conditions, such as ferry routes, dredging, and so forth;
(j) Anchorage availability; or
(k) Other information or special circumstances.
(a) A VTS may issue measures or directions to enhance navigation and vessel safety and to protect the marine
(1) Designating temporary reporting points and procedures;
(2) Imposing vessel operating requirements; or
(3) Establishing vessel traffic routing schemes.
(b) During conditions of vessel congestion, restricted visibility, adverse weather, or other hazardous circumstances, a VTS may control, supervise, or otherwise manage traffic, by specifying times of entry, movement, or departure to, from, or within a VTS area.
(a) Subject to the exigencies of safe navigation, a VTS User shall comply with all measures established or directions issued by a VTS.
(b) If, in a specific circumstance, a VTS User is unable to safely comply with a measure or direction issued by the VTS, the VTS User may deviate only to the extent necessary to avoid endangering persons, property or the environment. The deviation shall be reported to the VTS as soon as is practicable.
(c) When not exchanging voice communications, a VTS User must maintain a listening watch as required by § 26.04(e) of this chapter on the VTS frequency designated in Table 161.12(c) (VTS and VMRS Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas). In addition, the VTS User must respond promptly when hailed and communicate in the English language.
As stated in 47 CFR 80.148(b), a very high frequency watch on Channel 16 (156.800 MHz) is not required on vessels subject to the Vessel Bridge-to-Bridge Radiotelephone Act and participating in a Vessel Traffic Service (VTS) system when the watch is maintained on both the vessel bridge-to-bridge frequency and a designated VTS frequency.
(d) As soon as is practicable, a VTS User shall notify the VTS of any of the following:
(1) A marine casualty as defined in 46 CFR 4.05-1;
(2) Involvement in the ramming of a fixed or floating object;
(3) A pollution incident as defined in § 151.15 of this chapter;
(4) A defect or discrepancy in an aid to navigation;
(5) A hazardous condition as defined in § 160.203 of this chapter;
(6) Improper operation of vessel equipment required by Part 164 of this chapter;
(7) A situation involving hazardous materials for which a report is required by 49 CFR 176.48; and
(8) A hazardous vessel operating condition as defined in § 161.2.
The following operating requirements apply within a VTS Special Area:
(a) A VTS User shall, if towing astern, do so with as short a hawser as safety and good seamanship permits.
(b) A VMRS User shall: (1) Not enter or get underway in the area without prior approval of the VTS;
(2) Not enter a VTS Special Area if a hazardous vessel operating condition or circumstance exists;
(3) Not meet, cross, or overtake any other VMRS User in the area without prior approval of the VTS; and
(4) Before meeting, crossing, or overtaking any other VMRS User in the area, communicate on the designated vessel bridge-to-bridge radiotelephone frequency, intended navigation movements, and any other information necessary in order to make safe passing arrangements. This requirement does not relieve a vessel of any duty prescribed by the International Regulations for Prevention of Collisions at Sea, 1972 (72 COLREGS) or the Inland Navigation Rules.
(a) A Vessel Movement Reporting System (VMRS) is a system used to monitor and track vessel movements VTS or VMRS area. This is accomplished by requiring that vessels provide information under established procedures as set forth in this part, or as directed by the Center.
(b) To avoid imposing an undue reporting burden or unduly congesting radiotelephone frequencies, reports shall be limited to information which is essential to achieve the objectives of the VMRS. These reports are consolidated into three reports (sailing plan, position, sailing plan deviation and final).
Unless otherwise stated, the provisions of this subpart apply to the following vessels and VMRS Users:
(a) Every power-driven vessel of 40 meters (approximately 131 feet) or more in length, while navigating;
(b) Every towing vessel of 8 meters (approximately 26 feet) or more in length, while navigating; or
(c) Every vessel certificated to carry 50 or more passengers for hire, when engaged in trade.
As used in this subpart:
(a) A Center may: (1) Direct a vessel to provide any of the information set forth in Table 161.18(a) (IMO Standard Ship Reporting System);
(2) Establish other means of reporting for those vessels unable to report on the designated frequency; or
(3) Require reports from a vessel in sufficient time to allow advance vessel traffic planning.
(b) All reports required by this part shall be made as soon as is practicable on the frequency designated in Table 161.12(c) (VTS and VMRS Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas).
(c) When not exchanging communications, a VMRS User must maintain a listening watch as described in § 26.04(e) of this chapter on the frequency designated in Table 161.12(c) (VTS and VMRS Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas). In addition, the VMRS User must respond promptly when hailed and communicate in the English language.
As stated in 47 CFR 80.148(b), a VHF watch on Channel 16 (156.800 MHz) is not required on vessels subject to the Vessel Bridge-to-Bridge Radiotelephone Act and participating in a Vessel Traffic Service (VTS) system when the watch is maintained on both the vessel bridge-to-bridge frequency and a designated VTS frequency.
(d) A vessel must report:
(1) Any significant deviation from its Sailing Plan, as defined in § 161.19, or from previously reported information; or
(2) Any intention to deviate from a VTS issued measure or vessel traffic routing system.
(e) When reports required by this part include time information, such information shall be given using the local time zone in effect and the 24-hour military clock system.
Unless otherwise stated, at least 15 minutes before navigating a VTS area, a vessel must report the:
(a) Vessel name and type;
(b) Position;
(c) Destination and ETA;
(d) Intended route;
(e) Time and point of entry; and
(f) Dangerous cargo on board or in its tow, as defined in § 160.203 of this chapter, and other required information as set out in § 160.211 and § 160.213 of this chapter, if applicable.
A vessel must report its name and position:
(a) Upon point of entry into a VMRS area;
(b) At designated reporting points as set forth in subpart C; or
(c) When directed by the Center.
(a) Unless otherwise directed, vessels equipped with an Automatic Identification System (AIS) are required to make continuous, all stations, AIS broadcasts, in lieu of voice Position Reports, to those Centers denoted in Table 161.12(c) of this part.
(b) Should an AIS become non-operational, while or prior to navigating a VMRS area, it should be restored to operating condition as soon as possible, and, until restored a vessel must:
(1) Notify the Center;
(2) Make voice radio Position Reports at designated reporting points as required by § 161.20(b) of this part; and
(3) Make any other reports as directed by the Center.
A vessel must report:
(a) When its ETA to a destination varies significantly from a previously reported ETA;
(b) Any intention to deviate from a VTS issued measure or vessel traffic routing system; or
(c) Any significant deviation from previously reported information.
A vessel must report its name and position:
(a) On arrival at its destination; or
(b) When leaving a VTS area.
(a) Unless otherwise directed, the following vessels are exempted from providing Position and Final Reports due to the nature of their operation:
(1) Vessels on a published schedule and route;
(2) Vessels operating within an area of a radius of three nautical miles or less; or
(3) Vessels escorting another vessel or assisting another vessel in maneuvering procedures.
(b) A vessel described in paragraph (a) of this section must:
(1) Provide a Sailing Plan at least 5 minutes but not more than 15 minutes before navigating within the VMRS area; and
(2) If it departs from its promulgated schedule by more than 15 minutes or changes its limited operating area, make the established VMRS reports, or report as directed.
All geographic coordinates contained in part 161 (latitude and longitude) are expressed in North American Datum of 1983 (NAD 83).
The area consists of the navigable waters of the Lower New York Harbor bounded on the east by a line drawn from Norton Point to Breezy Point; on the south by a line connecting the entrance buoys at the Ambrose Channel, Swash Channel, and Sandy Hook Channel to Sandy Hook Point; and on the southeast including the waters of Sandy Hook Bay south to a line drawn at latitude 40°25′N.; then west into waters of the Raritan Bay to the Raritan River Rail Road Bridge; and then north including the waters of the Arthur Kill and Newark Bay to the Lehigh Valley Draw Bridge at latitude 40°41.9′N.; and then east including the waters of the Kill Van Kull and Upper New York Bay north to a line drawn east-west from the Holland Tunnel Ventilator Shaft at latitude 40°43.7′N., longitude 74°01.6′W. in the Hudson River; and then continuing east including the waters of the East River to the Throgs Neck Bridge, excluding the Harlem River.
Although mandatory participation in VTSNY is limited to the area within the navigable waters of the United States, VTSNY will provide services beyond those waters. Prospective users are encouraged to report beyond the area of required participation in order to facilitate advance vessel traffic management in the VTS area and to receive VTSNY advisories and/or assistance.
The VTS area consists of the navigable waters of the Ohio River between McAlpine Locks (Mile 606.8) and Twelve Mile Island (Mile 593), only when the McAlpine upper pool gauge is at 13.0 feet or above.
(a) The VTS area consists of the following major waterways and portions of connecting waterways: Galveston Bay Entrance Channel; Outer Bar Channel; Inner Bar Channel; Bolivar Roads Channel; Galveston Channel; Gulf ICW and Galveston-Freeport Cut-Off from Mile 346 to Mile 352; Texas City Channel; Texas City Turning Basin; Texas City Canal Channel; Texas City Canal Turning Basin; Houston Ship Channel; Bayport Channel; Bayport Turning Basin; Houston Turning Basin; and the following precautionary areas associated with these waterways.
(b) Precautionary Areas.
(c) Reporting Points.
(a) The VTS area consists of the navigable waters of the following segments of waterways: the Intracoastal Waterway (ICW) Morgan City to Port Allen Alternate Route from Mile Marker 0 to Mile Marker 5; the ICW from Mile Marker 93 west of Harvey Lock (WHL) to Mile Marker 102 WHL; the Atchafalaya River Route from Mile Marker 113 to Mile Marker 122; from Bayou Shaffer Junction (ICW Mile Marker 94.5 WHL) south one statute mile along Bayou Shaffer; and from Berwick Lock northwest one statute mile along the Lower Atchafalaya River.
(b) VTS Special Area. The Berwick Bay VTS Special Area consists of those waters within a 1000 yard radius of the Southern Pacific Railroad Bridge located at Mile .03 MC/PA.
(c) Reporting Points.
(a) The VTS area consists of the navigable waters of the St. Marys River and lower Whitefish Bay from 45°57′ N. (De Tour Reef Light) to the south, to 46°38.7′ N. (Ile Parisienne Light) to the north, except the waters of the St. Marys Falls Canal, and to the east along a line from La Pointe to Sims Point, within Potagannissing Bay and Worsley Bay.
(b) Reporting Points.
The VTS area consists of all the navigable waters of San Francisco Bay Region south of the Mare Island Causeway Bridge and the Petaluma River Entrance Channel Daybeacon 19 and Petaluma River Entrace Channel Light 20 and north of the Dumbarton Bridge; its seaward approaches within a 38 nautical mile radius of Mount Tamalpais (37-55.8′ N., 122-34.6′ W.); and its navigable tributaries as far east as the port of Stockton on the San Joaquin River, as far north as the port of Sacramento on the Sacramento River.
The Vessel Traffic Service Puget Sound area consists of the navigable waters of the United States bounded by a line drawn from the Washington State coastline at 48°23′08″ N., 124°43′37″ W. on Cape Flattery to the Cape Flattery Light at 48°23′30″ N., 124°44′12″ W. on Tatoosh Island, due west to the U.S. Territorial Sea Boundary; thence northward along the U.S. Territorial Sea Boundary to its intersection with the U.S./Canada International Boundary; thence east along the U.S./Canada International Boundary through the waters known as the Strait of Juan de Fuca, Haro Strait, Boundary Pass, and the Strait of Georgia to the Washington State coastline at 49°00′06″ N., 122°45′18″ W. (International Boundary
(a) Vessel Traffic Service Puget Sound participates in a U.S./Canadian Cooperative Vessel Traffic Service (CVTS) to jointly manage vessel traffic in the Juan de Fuca Region. The CVTS for the Juan de Fuca Region consists of all waters of the Strait of Juan de Fuca and its offshore approaches, southern Georgia Strait, the Gulf and San Juan Archipelagos, Rosario Strait, Boundary Pass and Haro Strait, bounded on the northwest by 48°35′45″ N.; and on the southwest by 48°23′30″ N.; and on the west by the rhumb line joining 48°35′45″ N., 124°47′30″ W. with 48°23′30″ N., 124°48′37″ W.; and on the northeast in the Strait of Georgia, by a line drawn along 49°N. from Vancouver Island to Semiahmoo Bay; and on the southeast, by a line drawn from McCurdy Point on the Quimper Peninsula to Point Partridge on Whidbey Island. Canadian and United States Vessel Traffic Centers (Tofino, B.C., Canada, Vancouver, BC, Canada and Seattle, WA) manage traffic within the CVTS area irrespective of the International Boundary.
(b) VTS Special Areas. (1) The Rosario Strait VTS Special Area consists of those waters bounded to the south by the center of Precautionary Area “RB” (a circular area of 2,500 yards radius centered at 48°26′24″ N., 122°45′12″ W.), and to the north by the center of Precautionary Area “C” (a circular area of 2,500 yards radius centered at 48°40′34″ N., 122°42′44″ W.; Lighted Buoy “C”); and
The center of precautionary area “RB” is not marked by a buoy. All precautionary areas are depicted on National Oceanic and Atmospheric Administration (NOAA) nautical charts.
(2) The Guemes Channel VTS Special Area consists of those waters bounded to the west by Shannon Point on Fidalgo Island and to the east by Southeast Point on Guemes Island.
(c) Additional VTS Special Area Operating Requirements. The following additional requirements are applicable in the Rosario Strait and Guemes Channel VTS Special Areas:
(1) A vessel engaged in towing shall not impede the passage of a vessel of 40,000 dead weight tons or more.
(2) A vessel of less than 40,000 dead weight tons is exempt from the provision set forth in § 161.13(b)(1) of this part.
(3) A vessel of less than 100 meters in length is exempt from the provisions set forth in § 161.13(b)(3) of this part. Approval will not be granted for:
(i) A vessel of 100 meters or more in length to meet or overtake; or cross or operate within 2,000 yards (except when crossing astern) of a vessel of 40,000 dead weight tons or more; or
(ii) A vessel of 40,000 dead weight tons or more to meet or overtake; or cross or operate within 2,000 yards (except when crossing astern) of a vessel of 100 meters or more in length.
(d) Reporting Point. Inbound vessels in the Strait of Juan de Fuca upon crossing 124-W.
(a) The VTS area consists of the navigable waters of the United States north of a line drawn from Cape Hinchinbrook Light to Schooner Rock Light, comprising that portion of Prince William Sound between 146°30′ W. and 147°20′ W. and includes Valdez Arm, Valdez Narrows and Port Valdez.
(b) The Valdez Arm VTS Special Area consists of the waters of the Valdez Arm Traffic Separation Scheme (described in § 167.1703 of this chapter); the waters northeast of a line drawn from shoreline to shoreline through the points 60°58.04′N, 146°46.52′W and 60°58.93′N, 146°48.86′W; and southwest of a line bearing 307° True from Tongue Point at 61°02.10′N, 146°40.00′W.
(c) The Valdez Narrows VTS Special Area consists of those waters of Valdez Arm, Valdez Narrows, and Port Valdez northeast of a line bearing 307° True from Tongue Point at 61°02′06″ 146°40′ W.; and southwest of a line bearing 307° True from Entrance Island Light at 61°05′06″ N., 146°36′42″ W.
(d) Additional VTS Special Area Operating Requirements. The following additional requirements are applicable in the Valdez Narrows VTS Special Area:
(1) No VMRS User shall proceed north of 61° N. without prior approval of the VTS.
(2) For a vessel listed in paragraph (c)(3) of this section—
(i) Approval to enter this area will not be granted to a vessel when a tank vessel of more than 20,000 deadweight tons is navigating therein;
(ii) A northbound vessel shall remain south of 61° N. until the VTS has granted permission to proceed; and
(iii) A southbound vessel shall remain in Port Valdez east of 146°35′ W. and north of 61°06′N. until the VTS has granted permission to proceed.
(3) Paragraph (c)(2) of this section applies to—
(i) A vessel of 1600 gross tons or more; and
(ii) A towing vessel of 8 meters or more in length, except for a vessel performing duties as an escort vessel as defined in 33 CFR Part 168.
(e) Reporting Points.
33 U.S.C. 1231; Department of Homeland Security Delegation No. 0170.
CGD 75-082, 42 FR 51759, Sept. 29, 1977, unless otherwise noted.
Geographic coordinates expressed in terms of latitude or longitude, or both, are not intended for plotting on maps or charts whose referenced horizontal datum is the North American Datum of 1983 (NAD 83), unless such geographic coordinates are expressly labeled NAD 83. Geographic coordinates without the NAD 83 reference may be plotted on maps or charts referenced to NAD 83 only after application of the appropriate corrections that are published on the particular map or chart being used.
(a)
(b)
(2) All vessels traversing the area shall pass directly through without unnecessary delay, and shall give seaplanes the right-of-way at all times.
(a)
(b)
(2) No vessels having a height of more than 35 feet with reference to the plane of mean high water shall enter or pass through the area whenever visibility is less than one mile.
(a) Power boats or other vessels propelled by machinery shall not proceed at any time within the limits of these waters at a greater speed than 8 statute miles per hour.
(a) That vessels of over 20 tons capacity, propelled by machinery, shall not proceed at any time within the limits of these waters at a greater speed than 8 statute miles per hour.
(a)
(b)
(c)
(d)
(e)
(f)
The Corps of Engineers also has regulations dealing with this section in 33 CFR Part 207.
(a)
(1)
(2)
(3)
(b)
(2)
(ii) No vessel or raft will be allowed to use any portion of the fairway as a mooring place except temporarily as authorized above without the written permission from the District Commander.
(iii) When tied up, all vessels must be moored by bow and stern lines. Rafts and tows shall be secured at sufficiently close intervals to insure their not being drawn away from the bank by winds, currents or the suction of passing vessels. Tow lines shall be shortened so that the different parts of the tow shall be as close together as possible. In narrow sections, no vessel or raft shall be tied abreast of another.
(iv) Lights shall be displayed in accordance with provisions of the Navigation Rules, International-Inland, Commandant Instruction M16672.2 (series).
(v) No vessel, even if fastened to the bank as prescribed in paragraph (b)(2)(i) of this section, shall be left without a sufficient crew to care for it properly.
(vi) Vessels will not be permitted to load or unload in any of the land cuts except as a regular established landing or wharf without written permission secured in advance from the District Commander.
(vii) No vessel, regardless of size, shall anchor in a dredged channel or narrow portion of a waterway for the purpose of fishing, if navigation is obstructed, thereby.
(viii) Except in cases of emergency the dropping of anchors, weights, or other ground tackle, within areas occupied by submarine cable or pipe crossings, is prohibited. Such crossings will ordinarily be marked by signboards on each bank of the shore or indicated on coast charts.
(3)
(ii) Official signs indicating limiting speeds through critical portions of the waterways shall be strictly obeyed.
(iii) Vessels approaching and passing through a bridge shall so govern their speed as to insure passage through the bridge without damage to the bridge or its fenders.
(4)
(ii) No tow shall be drawn by a vessel that has insufficient power or crew to permit ready maneuverability and safe handling.
(iii) Tows desiring to pass a bridge shall approach the opening along the axis of the channel so as to pass through without danger of striking the bridge or its fenders. No vessel or tow shall navigate through a drawbridge until the movable span is fully opened.
(iv) In the event that it is evident to the master of a towing vessel that a tow cannot be safely handled through a bridge, it will be brought to anchor and the towed vessels will be taken through the bridge in small units, or singly if necessary, or the tow will wait until navigation conditions have improved to such an extent that the tow can pass through the bridge without damage.
(5)
(6)
The Corps of Engineers also has regulations dealing with this section in 33 CFR Part 207.
(a) The regulations in this section shall apply to:
(1)
(2)
(3)
(b) Waterways:
(1) A clear channel shall at all times be left open to permit free and unobstructed navigation by all types of vessels and tows normally using the various waterways covered by the regulations of this section
(2) Fairway: The District Commander may specify the width of the fairway required in the various waterways under his charge.
(3) Anchoring or mooring:
(i) Vessels or tows shall not anchor or moor in any of the land cuts or other narrow parts of the waterway, except in an emergency, or with permission of the District Commander. Whenever it becomes necessary for a vessel or tow to stop in any such protions of the waterway, it shall be securely 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 tows. Stoppages shall be only for such periods as may be necessary.
(ii) When tied up individually, all vessels and tows shall be moored by bow and stern lines. Tows shall be secured at sufficiently frequent intervals to insure their not being drawn away form the bank by winds, currents, or the suction of passing vessels. Lines shall be shortened so that the various barges in a tow will be as close together as possible.
(iii) Lights shall be displayed in accordance with provisions of the Navigation Rules, International-Inland, Commandant Instruction M16672.2 (series).
(iv) Whenever any vessel or tow is moored to the bank (paragraph (b)(3)(i) of this section) at least one crew member shall always remain on board to see that proper signals are displayed and that the vessel or tow is properly moored at all times.
(v) No vessel, regardless of size, shall anchor in a dredged channel or narrow portion of a waterway for the purpose of fishing if navigation is obstructed thereby.
(4) Speed: Speeding in narrow sections is prohibited. Official signs indicating limited speeds shall be obeyed. Vessels shall reduce speed sufficiently to prevent damage when passing over vessels or structures in or along the waterway.
(5) Size, assembly, and handling of tows:
(i) On waterways 150 feet wide or less, tows which are longer than 1,180 feet, including the towing vessel, but excluding the length of the hawser, or wider than one-half of the bottom width of the channel or 55 feet, whichever is less will not be allowed, except when the District Commander has given special permission or the waterway has been exempted from these restrictions by the District Commander. Before entering any narrow section of the Gulf Intracoastal Waterway, tows in excess of one-half the channel width, or 55 feet, will be required to stand by until tows which are less than one-half
(ii) Gulf Intracoastal Waterway—Between mile 6.2 EHL (Inner Harbor Navigation Canal Lock) and mile 33.6 EHL tows of 78 feet in width will be allowed.
(iii) Gulf Intercoastal Waterway—Between mile 33.6 EHL and the Mobile Bay Ship Channel, tows of 108 feet in width will be allowed if under 750 feet in length including the towboat but excluding the length of the hawser.
(iv) Gulf Intracoastal Waterway—Mobile Bay Ship Channel to St. Marks, Fla., for tows made up of empty barges on the off or shallow side, a width of 75 feet will be allowed.
(v) All vessels pulling tows not equipped with rudders in restricted channels and land cuts shall use two towlines, or a bridle on one towline, shortened as much as safety of the towing vessel permits, so as to have maximum control at all times. The various parts of a tow shall be securely assembled with the individual units connected by lines as short as practicable. In open water, the towlines and fastenings between barges may be lengthened so as to accommodate the wave surge. In the case of lengthy or cumbersome tows, or tows in restricted channels, the District Commander may require that tows be broken up, and may require the installation of a rudder or other approved steering device on the tow in order to avoid obstructing navigation or damaging the property of others. Pushing barges with towing vessel astern, towing barges with towing vessel alongside, or pushing and pulling barges with units of the tow made up both ahead and astern of the towing vessel are permissible provided that adequate power is employed to keep the tows under full control at all times. No tow shall be drawn by a vessel that has insufficient power or crew to permit ready maneuverability and safe handling.
(vi) All tows navigating the Pass Manchac bridges in Louisiana are limited to no more than two barges, not to exceed a combined tow length of 400 feet (excluding the towboat). Vessel operators for tows exceeding these limits must request and receive permission from the COTP New Orleans prior to navigating the bridges. Requests should be made by telephoning the COTP at 504-589-7101. Any decision made by the COTP is final agency action.
(6) Projections from vessels: Vessels or tows carrying a deck load which overhangs or projects over the side, or whose rigging projects over the side, so as to endanger passing vessels, wharves, or other property, shall not enter or pass through any of the narrow parts of the waterway without prior approval of the District Commander.
(7) Meeting and passing: Passing vessels shall give the proper signals and pass in accordance with the International Rules, the Navigation Rules, International-Inland, Commandant Instruction M16672.2 (Series), where applicable. At certain intersections where strong currents, may be encountered, sailing directions may be issued through navigation bulletins or signs posted on each side of the intersections.
The Corps of Engineers also has regulations dealing with this section in 33 CFR 207.
(a)
(2) Vessels may be moored any time at facilities constructed in accordance with an approved navigation permit or as authorized by the District Commander. When so moored, each vessel shall have sufficient fastenings to prevent the vessels from breaking loose by wind, current, wave action, suction from passing vessels or any other forces which might cause the vessel to break its mooring. The number of vessels in one fleet and the width of the fleet of vessels tied abreast shall not extend into the fairway or be greater than allowed under the permit.
(3) Mariners should report immediately by radio or fastest available means to the lockmaster at Old River Lock or to any government patrol or survey boat in the vicinity any emergency mooring or vessels drifting uncontrolled within the area described in paragraph (a)(1) of this section. It is the responsibility and duty of the master of a towing vessel releasing or mooring a vessel in this reach of the Mississippi River to report such action immediately.
(b)
The Corps of Engineers also has regulations dealing with this section in 33 CFR Part 207.
(a)
The Corps of Engineers also has regulations dealing with this section in 33 CFR Part 207.
(a) The regulations in this section shall apply to:
(1)
(2)
(3)
(b) Waterways:
(1)
(2)
(ii) Except temporarily, as authorized in paragraph (b)(2)(i) of this section, no vessel or raft will be allowed to use any portion of the fairway as a mooring place without written permission from the District Commander.
(iii) When tied up individually, all vessels shall be moored by bow and stern lines. Rafts and tows shall be secured at sufficiently close intervals to insure their not being drawn away from the bank by winds, currents, or the suction of passing vessels. Towlines shall be shortened so that the different parts of the tow will be as close together as possible. In narrow sections, no vessel or raft shall be tied abreast of another if the combined width of vessels or rafts is greater than 70 feet.
(iv) When a vessel is moored under an emergency condition, as provided in paragraph (b)(2)(i) of this section, at least one crew member shall remain in attendance to display proper lights and signals and tend the mooring lines. The crew member shall be provided with an adequate means of communication or signalling a warning in the event that, for any reason, the vessel or tow should go adrift. Immediately after completion of the emergency mooring, the lockmaster of the first lock downstream shall be notified of the character and cargo of the vessel and the location of such mooring.
(v) Vessels will not be permitted to load or unload in any of the land cuts, except at a regular established landing or wharf, without written permission secured in advance from the District Commander.
(vi) Except in an emergency, no vessel or raft shall anchor over revetted banks of the waterway, nor shall any type vessel except launches and other small craft land against banks protected by revetment except at regular commercial landings.
(3)
(ii) When approaching and passing through a bridge, all vessels and rafts, regardless of size, shall control their speed so as to insure that no damage will be done to the bridge or its fenders.
(iii) Within the last mile of approach to unattended, normally open automatic, movable span bridges, the factor of river flow velocity, of vessel (and tow) velocity, and of vessel power and crew capability are never to be permitted to result in a condition whereby the movement of vessel (and tow) cannot be completely halted or reversed within a 3-minute period.
(iv) A vessel shall reduce its speed sufficiently to prevent any damage when approaching another vessel in motion or tied up, a wharf or other structure, works under construction, plant engaged in river and harbor improvement, levees withstanding floodwaters, buildings submerged or partially submerged by high waters, or any other manner of structure or improvements likely to be damaged by collision, suction, or wave action.
(4)
(ii) No tow shall be drawn by a vessel that has insufficient power or crew to permit ready maneuverability and safe handling.
(iii) No vessel or tow shall navigate through a drawbridge until the movable span is fully opened.
(5)
(6)
The Corps of Engineers also has regulations dealing with this section in 33 CFR Part 207.
(a)
(1) Indiana Bank—Mile 582.3 (near 18 Mile Island);
(2) Six Mile Island—Mile 597.5;
(3) Six Mile Island—Mile 598.2; and
(4) Kentucky Bank—Mile 599.8 (Cox's Park).
All buoys, except those at Six Mile Island—Mile 598.2, are removed between May 1 and September 30. Due to the close proximity of the municipal water intakes, mooring of tank vessels laden with petroleum products or hazardous materials is not authorized on the Kentucky Bank, Mile 599.8 (Cox's Park).
(b)
(a)
(b)
(a) No vessel greater than 100 feet in length may exceed 8 miles per hour in Duluth-Superior Harbor.
(b) In the Duluth Ship Canal:
(1) No vessel may meet or overtake another vessel if each vessel is greater than 150 feet in length (including tug and tow combinations).
(2) An inbound vessel has the right of way over an outbound vessel.
No vessel greater than 40 feet in length may exceed 8 miles per hour between Lily Pond and Pilgrim Point.
(a)
(b)
(c) Anchoring Rules.
(1) A vessel must not anchor:
(i) within the waters between Brush Point and the waterworks intake crib off Big Point southward of the Point Aux Pins range; or
(ii) within 0.2 nautical miles of the intake crib off Big Point.
(2) In an emergency, vessels may anchor in a dredged channel. Vessels shall anchor as near to the edge of the channel as possible and shall get underway as soon as the emergency ceases, unless otherwise directed. Vessel Traffic Services St. Marys River must be advised of any emergency anchoring as soon as is practicable.
(3) Vessels collected in any part of the VTS Area by reason of temporary closure of a channel or an impediment to navigation shall get underway and depart in the order in which they arrived, unless otherwise directed by Vessel Traffic Service St. Marys River. Vessel Traffic Service St. Marys River may advance any vessel in the order of departure to expedite the movement of mails, passengers, cargo of a perishable nature, to facilitate passage of vessels through any channel by reason of special circumstance, or to facilitate passage through the St. Marys Falls Canal.
(d)
(i) West Neebish Channel from Buoy “53” to Buoy “1”—downbound traffic only;
(ii) Pipe Island Course from Sweets Point to Watson Reefs Light-downbound traffic only.
(iii) Middle Neebish Channel from Buoy “2” to Buoy “76”—upbound traffic only; and
(iv) Pipe Island Passage to the east of Pipe Island Shoal and north of Pipe Island Twins from Watson Reefs Light to Sweets Point—upbound traffic only.
(2) A vessel 350 feet or more in length must not overtake or approach within .2 nautical miles of another vessel proceeding in the same direction in the following waterways:
(i) West Neebish Channel between Nine Mile Point and Munuscong Lake Junction Lighted Bell Buoy;
(ii) Middle Neebish Channel between Munuscong Lake Junction Lighted Bell Buoy and Nine Mile Point; and
(iii) Little Rapids Cut from Six Mile Point to Buoy “102”.
(3) When two-way traffic is authorized in Middle Neebish Channel, a vessel 350 feet or more in length must not meet, cross, or overtake another vessel at:
(i) Johnson Point from Buoy “18” to Buoy “22”;
(ii) Mirre Point from Buoy “26” to Buoy “28”; or
(iii) Stribling Point from Buoy “39” to Buoy “43”.
(4) Paragraph (d)(2) of this section does not apply to a vessel navigating through an ice field.
(e)
(1) West Neebish Channel, from Buoy “53’ to Buoy “1”;
(2) Pipe Island Passage to the east of Pipe Island Shoal; and
(3) North of Pipe Island Twins, from Watson Reef Light to Sweets Point.
(f)
(i) When Middle Neebish Channel is a two-way route:
(A) An upbound vessel must use the easterly 197 feet of the channel. However, a vessel of draft 20 feet or more must not proceed prior to Vessel Traffic Center approval; and
(B) A downbound vessel must use the westerly 295 feet of the channel.
(ii) When Middle Neebish Channel is an alternating one-way traffic lane. A vessel must use the westerly 295 feet of the channel in the established direction of traffic flow.
(2) When Pipe Island Passage is closed, Pipe Island Course is a two-way route.
The Vessel Traffic Service closes or opens these channels as ice conditions require after giving due consideration to the protection of the marine environment, waterway improvements, aids to navigation, the need for cross channel traffic (e.g., ferries), the availability of icebreakers, and the safety of the island residents who, in the course of their daily business, must use naturally formed ice bridges for transportation to and from the mainland. Under normal seasonal conditions, only one closing each winter and one opening each spring are anticipated. Prior to closing or opening these channels, interested parties including both shipping entities and island residents, will be given at least 72 hours notice by the Coast Guard.
(g)
(2) Temporary speed limit regulations may be established by Commanding Officer Vessel Traffic Service St. Marys River. Notice of the temporary speed limits and their effective dates and termination are published in the
(h)
(2) Not impede the passage of any other vessel;
(3) Not tow a vessel of 200 feet or less in length with a tow line longer than 250 feet; and
(4) Not tow a vessel of 200 feet or more in length with a tow line longer than the length of the towed vessel plus 50 feet.
(a) No vessel greater than 40 feet in length may exceed 8 miles per hour in the harbors of Michigan City, Indiana; St. Joseph, South Haven, Saugatuck, Holland (Lake Macatawa), Grand Haven, Muskegon, White Lake, Pentwater, Ludington, Manistee, Portage Lake (Manistee County), Frankfort, Charlevois, and Petroskey, Michigan.
(b) No vessel greater than 40 feet in length may exceed 4 miles per hour in the harbors of Menominee, Michigan and Wisconsin; Algoma, Kewaunee, Two Rivers, Manitowac, Sheboygan, Port Washington, Milwaukee, Racine, Kenosha and Green Bay, Wisconsin; and Waukegan, Illinois.
(a) In the Sturgeon Bay Ship Canal:
(1) No vessel may exceed 5 miles per hour.
(2) No vessel greater than 150 feet in length (including tug and tow combinations) may come about.
(3) No vessel 65 feet or greater in length (including tug and tow combinations) may either:
(i) Enter or pass through the canal two or more abreast; or
(ii) Overtake another vessel.
(4) No vessel may anchor or moor unless given permission to do so by the Captain of the Port.
(5) Each vessel must keep to the center, except when meeting or overtaking another vessel.
(b) In Sturgeon Bay and the Sturgeon Bay Ship Canal:
(1) Each laden vessel under tow must be towed with at least two towlines. Each towline must be shortened to the extent necessary to provide maximum control of the tow.
(2) Each unladen vessel may be towed with one towline.
(3) No towline may exceed 100 feet in length.
(4) No vessel may tow another vessel alongside.
(5) No vessel may tow a raft greater than 50 feet in width.
The Corps of Engineers also has regulations dealing with these areas in 33 CFR Part 207.
(a)
The Canadian Government has issued similar regulations which apply in the Canadian portion of the waterway. Provisions which apply only in Canadian waters are noted throughout the text.
(b)
(2) The speed rules in § 162.138 apply to vessels 20 meters or more in length.
(3) The communication rules in § 162.132, the traffic rules in § 162.134, except for § 162.134(c)(2), and the anchorage rules in § 162.136 apply to the following vessels:
(i) Vessels of 20 meters or more in length;
(ii) Commercial vessels more than 8 meters in length engaged in towing another vessel astern, alongside, or by pushing ahead; and
(iii) Each dredge and floating plant.
(4) The traffic rules contained in § 162.134(c)(2) apply to the following vessels:
(i) Sailing vessels of 20 meters or more in length;
(ii) Power driven vessels of 55 meters or more in length;
(iii) Vessels engaged in towing another vessel astern, alongside or by pushing ahead; and
(iv) Each dredge and floating plant.
(c)
(d)
(e)
(a)
(1) Channel 11 (156.55 mhz) between Lake Huron Cut Lighted Buoy 11 and Lake St. Clair Light; and
(2) Channel 12 (156.60 mhz) between Lake St. Clair Light and Detroit River Light.
(b)
(c)
(d)
(2) Reports shall include the name of the vessel, location, intended course of action, and ETA at next reporting point.
(e)
(f)
(1) A report shall be made upon leaving any dock, mooring, or anchorage, in the Detroit River, Lake St. Clair, and the St. Clair River except for—
(i) Ferries on regular runs; and
(ii) Vessels in the River Rouge.
(2) A report shall be made before maneuvering to come about.
(3) A report shall be made—
(i) 20 minutes before entering or departing the River Rouge; and
(ii) Immediately before entering or departing the River Rouge.
(g)
(1) Any condition on the vessel that may impair its navigation, including but not limited to: fire, defective steering equipment, or defective propulsion machinery.
(2) Any tow that the towing vessel is unable to control, or can control only with difficulty.
(h)
(a)
(1) The West Outer Channel is restricted to downbound vessels.
(2) The Livingston Channel, west of Bois Blanc Island, is restricted to downbound vessels.
The Amherstburg Channel, in Canadian waters east of Bois Blanc Island, is normally restricted to upbound vessels. No vessel may proceed downbound in the Amherstburg Channel without authorization from the Regional Director General.
(3) Between Fighting Island Channel South Light and Bar Point Pier Light 29D, no vessels shall meet or overtake in such a manner that more than two vessels would be abreast at any time.
(4) Between the west end of Belle Isle and Peche Island Light, vessels may only overtake vessels engaged in towing.
(b)
(c)
(1) Between St. Clair Flats Canal Light 2 and Russell Island Light 33, vessels may only overtake vessels engaged in towing.
(2) Between Lake Huron Cut Lighted Buoy 1 and Port Huron Traffic Lighted Buoy there is a zone of alternating one way traffic. Masters shall coordinate their movements in accordance with the following rules;
(i) Vessels shall not overtake.
(ii) Vessels shall not come about.
(iii) Vessels shall not meet.
(iv) Downbound vessels which have passed Lake Huron Cut Lighted Buoy 7 have the right of way over upbound vessels which have not reached the Port Huron Traffic Lighted Buoy. Upbound vessels awaiting transit of downbound vessels will maintain position south of the Port Huron Traffic Lighted Buoy.
(v) Vessels transiting the zone shall coordinate passage by using communication procedures in § 162.132.
(vi) Transiting vessels shall have the right of way over moored vessels getting underway within the zone.
(d) In the waters described in § 162.130(a), the District Commander or Captain of the Port may establish temporary traffic rules for reasons which include but are not limited to: channel obstructions, winter navigation, unusual weather conditions, or unusual water levels.
(e) The requirements of this section do not apply to public vessels of the U.S. or Canada engaged in icebreaking or servicing aids to navigation or to vessels engaged in river and harbor improvement work.
(f) The prohibitions in this section on overtaking in certain areas do not apply to vessels operating in the nondisplacement mode. In this section, “nondisplacement mode” means a mode of operation in which the vessel is supported by hydrodynamic forces, rather than displacement of its weight in the water, to an extent such that the wake which would otherwise be generated by the vessel is significantly reduced.
(a) In the Detroit River, vessels shall be anchored so as not to swing into the channel or across steering courses.
There is an authorized anchorage in Canadian waters just above Fighting Island and an authorized anchorage in U.S. waters south of Belle Isle (33 CFR 110.206).
(b) In the St. Clair River, vessels shall be anchored so as not to swing into the channel or across steering courses.
(a)
(i) 12 statute miles per hour (10.4 knots) between Fort Gratiot Light and St. Clair Flats Canal Light 2;
(ii) 12 statute miles per hour (10.4 knots) between Peche Island Light and Detroit River Light; and
(iii) 4 statute miles per hour (3.5 knots) in the River Rouge.
(2) The maximum speed limit is 5.8 statute miles per hour (5 knots) in the navigable channel south of Peche Island (under Canadian jurisdiction).
(b)
(i) During daylight hours (sunrise to sunset);
(ii) When conditions otherwise safely allow; and
(iii) When approval has been granted by the Coast Guard Captain of the Port, Detroit or Commander of the Ninth Coast Guard District prior to each transit of the area.
(2) In this section, “nondisplacement mode” means a mode of operation in which the vessel is supported by hydrodynamic forces, rather than displacement of its weight in the water, to an extent such that the wake which would otherwise be generated by the vessel is significantly reduced.
(c)
(d)
(a)
(2) A towing vessel engaged in arranging its tow shall not obstruct the navigation of other vessels.
(b)
(a) In the lake channel, no vessel greater than 40 feet in length may exceed 10 miles per hour.
(b) In the river channel:
(1) No vessel greater than 40 feet in length may exceed 6 miles per hour.
(2) No vessel may use a towline exceeding 200 feet in length.
(a) In Maumee Bay (lakeward of Maumee River Lighted Buoy 49(L/L No. 770)), no vessel greater than 100 feet in length may exceed 12 miles per hour.
(b) In Maumee River (inward of Maumee River Lighted Buoy 49(L/L No. 770)):
(1) No vessel greater than 40 feet in length may exceed 6 miles per hour.
(2) No vessel greater than 100 feet in length (including tug and tow combinations) may overtake another vessel.
(a) In Sandusky Harbor, no vessel greater than 40 feet in length may exceed 10 miles per hour.
(b) In Huron Harbor, no vessel greater than 40 feet in length may exceed 6 miles per hour, except in the outer harbor where no vessel greater than 40 feet in length may exceed 10 miles per hour.
The Corps of Engineers also has regulations dealing with these areas in 33 CFR Part 207.
(a) In Vermilion Harbor, no vessel may exceed 6 miles per hour.
(b) In Lorain, Cleveland, Fairport, Ashtabula, and Conneaut Harbors, no vessel may exceed 6 miles per hour, except in the outer harbors, where no vessel may exceed 10 miles per hour.
The Corps of Engineers also has regulations dealing with these areas in 33 CFR Part 207.
In Buffalo and Rochester Harbors, no vessel may exceed 6 miles per hour, except in the outer harbors where no vessel may exceed 10 miles per hour.
The Corps of Engineers also has regulations dealing with these areas in 33 CFR Part 207.
In the Black Rock Canal and Lock, no vessel may exceed 6 miles per hour.
The Corps of Engineers also has regulations dealing with these areas in 33 CFR Part 207.
(a)
(b)
(2) Dredging, dragging, seining, or other fishing operations which might foul underwater installations within the area are prohibited.
(3) All vessels entering the area, other than vessels operated by or for the United States, the State of California, the county of Los Angeles, or the city of Los Angeles, shall proceed across the area by the most direct route and without unnecessary delay. The area will be open and unrestricted to small recreational craft for recreational activities at all times.
(4) The placing of bouys, markers, or other devices requiring anchors will not be permitted.
(5) The city of Los Angeles will maintain a patrol of the area as needed.
(a)
(b)
(2) Dredging, dragging, seining, or other fishing operations which might foul underwater installations within the area are prohibited.
The Corps of Engineers also has regulations dealing with this section in 33 CFR Part 207.
(a)
(2)
(3)
(ii) Light-draft vessels when meeting or being overtaken by ocean-going vessels, shall give the right of way to such vessels by making use of the shallower portions of the waterway.
(iii) Rafts and tows must promptly give the channel side demanded upon proper signal by a vessel, and must be handled in such a manner as not to obstruct or interfere with the free use of the waterway by other craft.
(4)
(ii) Light-draft vessels suffering collision shall be disposed of as directed by the District Commander or his authorized representative.
(5)
(6)
(b)
(ii)
(iii)
(iv)
(v)
(2)
(ii) Vessels intending to pass dredges or other types of floating plant working in navigable channels, when within a reasonable distance therefrom and not in any case over a mile, shall indicate such intention by one long blast of the whistle, and shall be directed to the proper side for passage by the sounding, by the dredge or other floating plant, of the signal prescribed in the inland pilot rules for vessels underway and approaching each other from opposite directions, which shall be answered in the usual manner by the approaching vessel. If the channel is not clear, the floating plant shall sound the alarm or danger signal and the approaching vessel shall slow down or stop and await further signal from the plant.
(iii) When the pipeline from a dredge crosses the channel in such a way that an approaching vessel cannot pass safely around the pipeline or dredge, there shall be sounded immediately from the dredge the alarm or danger signal and the approaching vessel shall slow down or stop and await further signal from the dredge. The pipeline shall then be opened and the channel cleared as soon as practicable; when the channel is clear for passage the dredge shall so indicate by sounding the usual passing signal as prescribed in paragraph (c)(2)(ii) of this section. The approaching vessel shall answer with a corresponding signal and pass promptly.
(iv) When any pipeline or swinging dredge shall have given an approaching vessel or tow the signal that the channel is clear, the dredge shall straighten out within the cut for the passage of the vessel or tow.
(v) Shallow draft vessels when meeting or being overtaken by ocean-going vessels, shall give the right-of-way to such vessels by making use of the shallower portions of the waterway, wherever possible.
(vi) Tows should promptly give the channel side requested by proper signal from a vessel, and should be handled in such a manner as not to obstruct or interfere with the free use of the waterway by other craft.
(3)
(ii) No vessel shall anchor within the channel except in distress or under stress of weather. Any vessel so anchored shall be moved as quickly as
(iii) Motorboats, sailboats, rowboats, and other small craft shall not anchor or drift in the regular ship channel except under stress of weather or in case of breakdown. Such craft shall be so operated that they will not interfere with or endanger the movement of commercial or public vessels.
(4)
(ii) Light-draft vessels suffering collision shall be disposed of as directed by the District Commander or his authorized representative.
(5)
(6)
(c) Sacramento River, Decker Island Restricted Anchorage for Vessels of the U.S. Government— (1) The anchorage ground. An elongated area in the Sacramento River bounded on the west by the shore of Decker Island and the following lines: Beginning on the shore at Decker Island North End Light at latitude 38°06′16″ N., longitude 121°42′32.5″ W.; thence easterly to latitude 38°06′15″ N., longitude 121°42′27″ W.; thence southerly to latitude 38°05′22″ N., longitude 121°42′30″ W.; thence southwesterly to latitude 38°05′08″ N., longitude 121°42′40″ W.; thence west southwesterly to latitude 38°05′02″ N., longitude 121°42′50″ W.; thence northwesterly to the shore of Decker Island at latitude 38°05′04″ N., longitude 121°42′52.5″ W.
(2) Special Regulation. No Vessel or other craft except those owned by or operating under contract with the United States may navigate or anchor within 50 feet of any moored Government vessel in the area. Commercial and pleasure craft shall not moor to buoys or chains of Government vessels, nor may they, while moored or underway, obstruct the passage of Government or other vessels through the area.
The Corps of Engineers also has regulations dealing with this section in 33 CFR Part 207.
(a)
(2)
(3)
(4)
(b)
(a)
(b)
(a)
(2)
(b)
(c)
(a)
(b)
(a)
(2)
(ii) The regulation in this section shall be enforced by the Chief, Power Field Division, Columbia Basin Project, U.S. Department of the Interior, Coulee Dam, Washington.
(a)
(2)
(3)
(4)
(5)
(6)
(7)
(b)
(2) Two green lights, one vertically above the other, displayed ahead of a
(3) A vessel approaching the narrow section and drawbridges from either end of the waterway shall give one long blast of a whistle and shall not enter the narrow section until green lights are displayed.
(4) One vessel may follow another vessel in either direction, but the channel shall not be kept open in the same direction for an unreasonable time if a vessel is waiting at the other end.
(5) Tugs, launches, and small craft shall keep close to one side of the channel when vessels or boats with tows are passing.
(6) All craft shall proceed with caution. The display of a green light is not a guarantee that the channel is clear of traffic, and neither the United States nor the City of Seattle will be responsible for any damage to vessels or other property which may be chargeable to mistakes in the operation of the signal lights or to their failure to operate.
The Corps of Engineers also has regulations dealing with this section in 33 CFR Part 207.
(a)
(b) No vessel, except for public law enforcement and emergency response vessels, floatplanes during landings and take-offs, and vessels of 23 feet registered length or less, shall exceed a speed of 7 knots in the region of Tongass Narrows bounded to the north by Tongass Narrows Buoy 9 and to the south by Tongass Narrows East Channel Regulatory marker at position 55°19′22.0″ N, 131°36′40.5″ W and Tongass Narrows West Channel Regulatory marker at position 55°19′28.5″ N, 131°39′09.7″ W, respectively.
(c) No vessel shall while moored or at anchor, or by slow passage or otherwise while underway, unreasonably obstruct the free passage and progress of other vessels.
(d) No vessel shall moor or anchor to any structure of the United States other than mooring piers, wharves, and floats without the consent of the Commanding Officer, Marine Safety Office, Juneau, Alaska.
(a)
(b)
(2) Notice of anticipated passage of towboats and barges shall be indicated 24 hours in advance by display of a red flag by the Inlet Co. from its warehouse.
(a)
(b)
(a)
(2) The term “raft section” refers to a standard raft of logs or piling securely fastened together for long towing in Alaska inland waters in the manner customary with the local logging interests, i.e., with booms, swifters, and tail sticks. It normally contains 30,000 to 70,000 feet board measure of logs or piling and has a width of 45 to 60 feet and a length of 75 to 100 feet.
(b)
(c)
(d)
(e)
(2) Raft and barge tows of more than one unit shall not exceed 65 feet in width overall. Single barge tows shall not exceed 100 feet in width overall.
(3) Tows other than rafts shall be taken alongside the towboat whenever possible.
(f)
(g)
(a) Steamers passing dredge engaged in improving the channel shall not have a speed greater than 4 miles an hour, and the propelling machinery shall be stopped when crossing the lines to the dredge anchors.
(b) Vessels using the channel shall pass the dredge on the side designated from the dredge by the signals prescribed in paragraph (c) of this section.
(c) Dredge shall display the red flag by day and four white lights hung in a vertical line by night to indicate the passing side.
(d) Vessels shall not anchor on the ranges of stakes or other marks placed for the guidance of the dredge, nor in such a manner as to obstruct the channel for passing vessels.
(e) Vessels shall not run over or disturb stake, lanterns, or other marks placed for the guidance of the dredge.
(f) Dredges working in the prosecution of the work shall not obstruct the channel unnecessarily.
(g) The dredge will slack lines running across the channel from the dredge on the passing side, for passing vessels, when notified by signal, with whistle or horn.
(h) The position of anchors of the dredge shall be marked by buoys plainly visible to passing vessels.
(a) The regulations in this section shall govern the use and navigation of waters in the vicinity of the following
(1) James River Reserve Fleet, Fort Eustis, Virginia.
(2) Beaumont Reserve Fleet, Neches River near Beaumont, Texas.
(3) Suisun Bay Reserve Fleet near Benicia, California.
(b) No vessels or other watercraft, except those owned or controlled by the United States Government, shall cruise or anchor between Reserve Fleet units within 500 feet of the end vessels in each Reserve Fleet unit, or within 500 feet of the extreme units of the fleets, unless specific permission of do so has first been granted in each case by the enforcing agency.
(c) The regulations in this section shall be enforced by the respective Fleet Superintendents and such agencies as they may designate.
33 U.S.C. 152, 2071; 49 CFR l.46(n).
(a) The regulations in this part apply to vessels navigating the harbors, rivers, and inland waters of the United States, except the Great Lakes and their connecting and tributary waters as far east as Montreal, the Red River of the North, the Mississippi River and its tributaries above Huey P. Long Bridge, and that part of the Atchafalaya River above its junction with the Plaquemine-Morgan City alternate waterway.
(b) Seagoing barges and their towing vessels shall be subject to the requirements in this part under the provisions of section 14 of the Act of May 28, 1908, as amended (sec. 14, 35 Stat. 428, as amended; 33 U.S.C. 152). Under the provisions of section 15 of the Act of May 28, 1908, as amended (sec. 15, 35 Stat. 429; 33 U.S.C. 153), the penalty for use of an unlawful towline shall be an action against the master of the towing vessel seeking the suspension or revocation of his license.
(a) The tows of seagoing barges when navigating the inland waters of the United States shall be limited in length to five vessels, including the towing vessel or vessels.
(a) In all cases where tows can be bunched, it should be done.
(b) Tows navigating in the North and East Rivers of New York must be bunched above a line drawn between Robbins Reef Light and Owls Head, Brooklyn, but the quarantine anchorage and the north entrance to Ambrose Channel shall be avoided in the process of bunching tows.
(c) Tows must be bunched above the mouth of the Schuylkill River, Pa.
33 U.S.C. 1223, 1231; 46 U.S.C. 2103, 3703, 70114, 70117; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170. Sec. 164.13 also issued under 46 U.S.C. 8502. Sec. 164.61 also issued under 46 U.S.C. 6101.
By USCG-2000-6931, 68 FR 22610, Apr. 29, 2003, the authority citation for part 164 was revised, effective Aug. 27, 2003. For the convenience of the user, the revised text is set forth as follows:
33 U.S.C. 1222(5), 1223, 1231; 46 U.S.C. 2103, 3703; Department of Homeland Security Delegation No. 0170. Sec. 164.13 also issued under 46 U.S.C. 8502. Sec. 164.61 also issued under 46 U.S.C. 6101.
(a) This part (except as specifically limited by this section) applies to each self-propelled vessel of 1600 or more gross tons (except as provided in paragraphs (c) and (d) of this section, or for foreign vessels described in § 164.02) when it is operating in the navigable waters of the United States except the St. Lawrence Seaway.
(b) Sections 164.70 through 164.82 of this part apply to each towing vessel of 12 meters (39.4 feet) or more in length operating in the navigable waters of the United States other than the St. Lawrence Seaway; except that a towing vessel is exempt from the requirements of § 164.72 if it is—
(1) Used solely within a limited geographic area, such as a fleeting-area for barges or a commercial facility, and used solely for restricted service, such as making up or breaking up larger tows;
(2) Used solely for assistance towing as defined by 46 CFR 10.103;
(3) Used solely for pollution response; or
(4) Any other vessel exempted by the Captain of the Port (COTP). The COTP, upon written request, may, in writing, exempt a vessel from § 164.72 for a specified route if he or she decides that exempting it would not allow its unsafe navigation under anticipated conditions.
(c) Provisions of §§ 164.11(a)(2) and (c), 164.30, 164.33, and 164.46 do not apply to warships or other vessels owned, leased, or operated by the United States Government and used only in government noncommercial service when these vessels are equipped with electronic navigation systems that have met the applicable agency regulations regarding navigation safety.
(d) Provisions of § 164.46 apply to some self-propelled vessels of less than 1600 gross tonnage.
(a) Except as provided in § 164.46(a)(2) of this part (including §§ 164.38 and 164.39) does not apply to vessels that:
(1) Are not destined for, or departing from, a port or place subject to the jurisdiction of the United States; and
(2) Are in:
(i) Innocent passage through the territorial sea of the United States; or
(ii) Transit through navigable waters of the United States which form a part of an international strait.
(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in paragraph (b) of this section, the Coast Guard must publish notice of change in the
(b) The materials approved for incorporation by reference in this part and the sections affected are as follows:
The owner, master, or person in charge of each vessel underway shall ensure that:
(a) The wheelhouse is constantly manned by persons who:
(1) Direct and control the movement of the vessel; and
(2) Fix the vessel's position;
(b) Each person performing a duty described in paragraph (a) of this section is competent to perform that duty;
(c) The position of the vessel at each fix is plotted on a chart of the area and the person directing the movement of the vessel is informed of the vessel's position;
(d) Electronic and other navigational equipment, external fixed aids to navigation, geographic reference points, and hydrographic contours are used when fixing the vessel's position;
(e) Buoys alone are not used to fix the vessel's position;
Buoys are aids to navigation placed in approximate positions to alert the mariner to hazards to navigation or to indicate the orientation of a channel. Buoys may not maintain an exact position because strong or varying currents, heavy seas, ice, and collisions with vessels can move or sink them or set them adrift. Although buoys may corroborate a position fixed by other means, buoys cannot be used to fix a position: however, if no other aids are available, buoys alone may be used to establish an estimated position.
(f) The danger of each closing visual or each closing radar contact is evaluated and the person directing the movement of the vessel knows the evaluation;
(g) Rudder orders are executed as given;
(h) Engine speed and direction orders are executed as given;
(i) Magnetic variation and deviation and gyrocompass errors are known and correctly applied by the person directing the movement of the vessel;
(j) A person whom he has determined is competent to steer the vessel is in the wheelhouse at all times;
(k) If a pilot other than a member of the vessel's crew is employed, the pilot is informed of the draft, maneuvering characteristics, and peculiarities of the vessel and of any abnormal circumstances on the vessel that may affect its safe navigation.
(l) Current velocity and direction for the area to be transited are known by the person directing the movement of the vessel;
(m) Predicted set and drift are known by the person directing movement of the vessel;
(n) Tidal state for the area to be transited is known by the person directing movement of the vessel;
(o) The vessel's anchors are ready for letting go;
(p) The person directing the movement of the vessel sets the vessel's speed with consideration for:
(1) The prevailing visibility and weather conditions;
(2) The proximity of the vessel to fixed shore and marine structures;
(3) The tendency of the vessel underway to squat and suffer impairment of maneuverability when there is small underkeel clearance;
(4) The comparative proportions of the vessel and the channel;
(5) The density of marine traffic;
(6) The damage that might be caused by the vessel's wake;
(7) The strength and direction of the current; and
(8) Any local vessel speed limit;
(q) The tests required by § 164.25 are made and recorded in the vessel's log; and
(r) The equipment required by this part is maintained in operable condition.
(s) Upon entering U.S. waters, the steering wheel or lever on the navigating bridge is operated to determine if the steering equipment is operating properly under manual control, unless the vessel has been steered under manual control from the navigating bridge within the preceding 2 hours, except when operating on the Great Lakes and their connecting and tributary waters.
(t) At least two of the steering-gear power units on the vessel are in operation when such units are capable of simultaneous operation, except when the vessel is sailing on the Great Lakes and their connecting and tributary waters, and except as required by paragraph (u) of this section.
(u) On each passenger vessel meeting the requirements of the International Convention for the Safety of Life at Sea, 1960 (SOLAS 60) and on each cargo vessel meeting the requirements of SOLAS 74 as amended in 1981, the number of steering-gear power units necessary to move the rudder from 35° on either side to 30° on the other in not more than 28 seconds must be in simultaneous operation.
(a) As used in this section, “tanker” means a self-propelled tank vessel, including integrated tug barge combinations, constructed or adapted primarily to carry oil or hazardous material in bulk in the cargo spaces and inspected and certificated as a tanker.
(b) Each tanker must have an engineering watch capable of monitoring the propulsion system, communicating with the bridge, and implementing manual control measures immediately when necessary. The watch must be physically present in the machinery spaces or in the main control space and must consist of at least a licensed engineer.
(c) Each tanker must navigate with at least two licensed deck officers on watch on the bridge, one of whom may be a pilot. In waters where a pilot is required, the second officer, must be an individual licensed and assigned to the vessel as master, mate, or officer in charge of a navigational watch, who is separate and distinct from the pilot.
(d) Except as specified in paragraph (e) of this section, a tanker may operate with an auto pilot engaged only if all of the following conditions exist:
(1) The operation and performance of the automatic pilot conforms with the standards recommended by the International Maritime Organization in IMO Resolution A.342(IX).
(2) A qualified helmsman is present at the helm and prepared at all times to assume manual control.
(3) The tanker is not operating in any of the following areas:
(i) The areas of the traffic separation schemes specified in subchapter P of this chapter.
(ii) The portions of a shipping safety fairway specified in part 166 of this chapter.
(iii) An anchorage ground specified in part 110 of this chapter.
(iv) An area within one-half nautical mile of any U.S. shore.
(e) A tanker equipped with an integrated navigation system, and complying with paragraph (d)(2) of this section, may use the system with the auto pilot engaged while in the areas described in paragraphs (d)(3) (i) and (ii) of this section. The master shall provide, upon request, documentation showing that the integrated navigation system—
(1) Can maintain a predetermined trackline with a cross track error of less than 10 meters 95 percent of the time;
(2) Provides continuous position data accurate to within 20 meters 95 percent of the time; and
(3) Has an immediate override control.
(a) The arrangement of cargo, cargo gear, and trim of all vessels entering or departing from U.S. ports must be such that the field of vision from the navigation bridge conforms as closely as possible to the following requirements:
(1) From the conning position, the view of the sea surface must not be obscured by more than the lesser of two
(2) From the conning position, the horizontal field of vision must extend over an arc from at least 22.5 degrees abaft the beam on one side of the vessel, through dead ahead, to at least 22.5 degrees abaft the beam on the other side of the vessel. Blind sectors forward of the beam caused by cargo, cargo gear, or other permanent obstruction must not exceed 10 degrees each, nor total more than 20 degrees, including any blind sector within the arc of visibility described in paragraph (a)(1) of this section.
(3) From each bridge wing, the field of vision must extend over an arc from at least 45 degrees on the opposite bow, through dead ahead, to at least dead astern.
(4) From the main steering position, the field of vision must extend over an arc from dead ahead to at least 60 degrees on either side of the vessel.
(b) A clear view must be provided through at least two front windows at all times regardless of weather conditions.
The master or person in charge of each vessel that is anchored shall ensure that:
(a) A proper anchor watch is maintained;
(b) Procedures are followed to detect a dragging anchor; and
(c) Whenever weather, tide, or current conditions are likely to cause the vessel's anchor to drag, action is taken to ensure the safety of the vessel, structures, and other vessels, such as being ready to veer chain, let go a second anchor, or get underway using the vessel's own propulsion or tug assistance.
(a) Except as provided in paragraphs (b) and (c) of this section no person may cause a vessel to enter into or get underway on the navigable waters of the United States unless no more than 12 hours before entering or getting underway, the following equipment has been tested:
(1) Primary and secondary steering gear. The test procedure includes a visual inspection of the steering gear and its connecting linkage, and, where applicable, the operation of the following:
(i) Each remote steering gear control system.
(ii) Each steering position located on the navigating bridge.
(iii) The main steering gear from the alternative power supply, if installed.
(iv) Each rudder angle indicator in relation to the actual position of the rudder.
(v) Each remote steering gear control system power failure alarm.
(vi) Each remote steering gear power unit failure alarm.
(vii) The full movement of the rudder to the required capabilities of the steering gear.
(2) All internal vessel control communications and vessel control alarms.
(3) Standby or emergency generator, for as long as necessary to show proper functioning, including steady state temperature and pressure readings.
(4) Storage batteries for emergency lighting and power systems in vessel control and propulsion machinery spaces.
(5) Main propulsion machinery, ahead and astern.
(b) Vessels navigating on the Great Lakes and their connecting and tributary waters, having once completed the test requirements of this subpart, are considered to remain in compliance until arriving at the next port of call on the Great Lakes.
(c) Vessels entering the Great Lakes from the St. Lawrence Seaway are considered to be in compliance with this sub-part if the required tests are conducted preparatory to or during the passage of the St. Lawrence Seaway or within one hour of passing Wolfe Island.
(d) No vessel may enter, or be operated on the navigable waters of the United States unless the emergency steering drill described below has been conducted within 48 hours prior to entry and logged in the vessel logbook, unless the drill is conducted and logged on a regular basis at least once every three months. This drill must include at a minimum the following:
(1) Operation of the main steering gear from within the steering gear compartment.
(2) Operation of the means of communications between the navigating bridge and the steering compartment.
(3) Operation of the alternative power supply for the steering gear if the vessel is so equipped.
No person may operate or cause the operation of a vessel unless the vessel has the marine charts, publications, and equipment as required by §§ 164.33 through 164.41 of this part.
(a) Each vessel must have the following:
(1) Marine charts of the area to be transited, published by the National Ocean Service, U.S. Army Corps of Engineers, or a river authority that—
(i) Are of a large enough scale and have enough detail to make safe navigation of the area possible; and
(ii) Are currently corrected.
(2) For the area to be transited, a currently corrected copy of, or applicable currently corrected extract from, each of the following publications:
(i) U.S. Coast Pilot.
(ii) Coast Guard Light List.
(3) For the area to be transited, the current edition of, or applicable current extract from:
(i) Tide tables published by private entities using data provided by the National Ocean Service.
(ii) Tidal current tables published by private entities using data provided by the National Ocean Service, or river current publication issued by the U.S. Army Corps of Engineers, or a river authority.
(b) As an alternative to the requirements for paragraph (a) of this section, a marine chart or publication, or applicable extract, published by a foreign government may be substituted for a U.S. chart and publication required by this section. The chart must be of large enough scale and have enough detail to make safe navigation of the area possible, and must be currently corrected. The publication, or applicable extract, must singly or in combination contain similar information to the U.S. Government publication to make safe navigation of the area possible. The publication, or applicable extract must be currently corrected, with the exceptions of tide and tidal current tables, which must be the current editions.
(c) As used in this section, “currently corrected” means corrected with changes contained in all Notices to Mariners published by the National Imagery and Mapping Agency, or an equivalent foreign government publication, reasonably available to the vessel, and that is applicable to the vessel's transit.
Each vessel must have the following:
(a) A marine radar system for surface navigation.
(b) An illuminated magnetic steering compass, mounted in a binnacle, that can be read at the vessel's main steering stand.
(c) A current magnetic compass deviation table or graph or compass comparison record for the steering compass, in the wheelhouse.
(d) A gyrocompass.
(e) An illuminated repeater for the gyrocompass required by paragraph (d) of this section that is at the main steering stand, unless that gyrocompass is illuminated and is at the main steering stand.
(f) An illuminated rudder angle indicator in the wheelhouse.
(g) The following maneuvering information prominently displayed on a fact sheet in the wheelhouse:
(1) A turning circle diagram to port and starboard that shows the time and distance and advance and transfer required to alter course 90 degrees with maximum rudder angle and constant power settings, for either full and half speeds, or for full and slow speeds. For vessels whose turning circles are essentially the same for both directions, a diagram showing a turning circle in one direction, with a note on the diagram stating that turns to port and starboard are essentially the same, may be substituted.
(2) The time and distance to stop the vessel from either full and half speeds, or from full and slow speeds, while maintaining approximately the initial heading with minimum application of the rudder.
(3) For each vessel with a fixed propeller, a table of shaft revolutions per minute for a representative range of speeds.
(4) For each vessel with a controllable pitch propeller, a table of control settings for a representative range of speeds.
(5) For each vessel that is fitted with an auxiliary device to assist in maneuvering, such as a bow thruster, a table of vessel speeds at which the auxiliary device is effective in maneuvering the vessel.
(6) The maneuvering information for the normal load and normal ballast condition for:
(i) Calm weather—wind 10 knots or less, calm sea;
(ii) No current;
(iii) Deep water conditions—water depth twice the vessel's draft or greater; and
(iv) Clean hull.
(7) At the bottom of the fact sheet, the following statement:
The response of the (name of the vessel) may be different from that listed above if any of the following conditions, upon which the maneuvering information is based, are varied:
(1) Calm weather—wind 10 knots or less, calm sea;
(2) No current;
(3) Water depth twice the vessel's draft or greater;
(4) Clean hull; and
(5) Intermediate drafts or unusual trim.
(h) An echo depth sounding device.
(i) A device that can continuously record the depth readings of the vessel's echo depth sounding device, except when operating on the Great Lakes and their connecting and tributary waters.
(j) Equipment on the bridge for plotting relative motion.
(k) Simple operating instructions with a block diagram, showing the change-over procedures for remote steering gear control systems and steering gear power units, permanently displayed on the navigating bridge and in the steering gear compartment.
(l) An indicator readable from the centerline conning position showing the rate of revolution of each propeller, except when operating on the Great Lakes and their connecting and tributary waters.
(m) If fitted with controllable pitch propellers, an indicator readable from the centerline conning position showing the pitch and operational mode of such propellers, except when operating on the Great Lakes and their connecting and tributary waters.
(n) If fitted with lateral thrust propellers, an indicator readable from the centerline conning position showing the direction and amount of thrust of such propellers, except when operating on the Great Lakes and their connecting and tributary waters.
(o) A telephone or other means of communication for relaying headings to the emergency steering station. Also, each vessel of 500 gross tons and over and constructed on or after June 9, 1995 must be provided with arrangements for supplying visual compass-readings to the emergency steering station.
(a) Each vessel of 10,000 gross tons or more must have, in addition to the radar system under § 164.35(a), a second marine radar system that operates independently of the first.
Independent operation means two completely separate systems, from separate branch power supply circuits or distribution panels to antennas, so that failure of any component of one system will not render the other system inoperative.
(b) On each tanker of 10,000 gross tons or more that is subject to 46 U.S.C. 3708, the dual radar system required by this part must have a short range capability and a long range capability; and each radar must have true north features consisting of a display that is stabilized in azimuth.
(a) The following definitions are used in this section—
(1) The keel is laid;
(2) Construction identifiable with a specific ship begins; or
(3) Assembly of that ship has commenced comprising at least 50 tons or 1 percent of the estimated mass of all structural material, whichever is less.
(1) A flammable liquid as defined in 46 CFR 30.10-22 or a combustible liquid as defined in 46 CFR 30.10-15;
(2) A material listed in table 151.05 of 46 CFR 151.05, table 1 of 46 CFR 153, or table 4 of 46 CFR Part 154; or
(3) A liquid, liquefied gas, or compressed gas listed in 49 CFR 172.101.
(b) An Automatic Radar Plotting Aid (ARPA) that complies with the standard for such devices adopted by the International Maritime Organization in its “Operational Standards for Automatic Radar Plotting Aids” (Appendix A), and that has both audible and visual alarms, must be installed as follows:
(1) Each self-propelled vessel, except a public vessel, of 10,000 gross tons or more carrying oil or hazardous materials in bulk as cargo or in residue on the navigable waters of the United States, or which transfers oil or hazardous materials in any port or place subject to the jurisdiction of the United States, must be equipped with an ARPA.
(2) Each tank vessel of 10,000 gross tons or more operating on the navigable waters of the United States must be equipped with an ARPA.
(3) Each self-propelled vessel of 15,000 gross tons or more that is not a tank vessel, and is not carrying oil or hazardous material in bulk as cargo or in residue operating on the navigable waters of the United States, and was constructed before September 1, 1984, must be equipped with an ARPA, except when it is operating on the Great Lakes and their connecting and tributary waters.
(4) Each vessel of 10,000 gross tons or more, except when operating on the Great Lakes and their connecting and tributary waters, constructed on or after September 1, 1984 must be equipped with an ARPA.
(c) [Reserved]
(d)(1) Each device required under paragraph (b) of this section must have a permanently affixed label containing:
(i) The name and address of the manufacturer; and
(ii) The following statement:
“This device was designed and manufactured to comply with the International Maritime Organization (IMO) ‘Performance Standards for Automatic Radar Plotting Aids (ARPA).’ ”
(2) Each device allowed under paragraph (c) of this section must have a permanently affixed label containing;
(i) The name and address of the manufacturer; and
(ii) The following statement:
“This device was designed and manufactured to comply with the U.S. Maritime Administration's ‘Collision Avoidance System Specification.’ ”
1.1The Automatic Radar Plotting Aids (ARPA) should, in order to improve the standard of collision avoidance at sea:
.1Reduce the work-load of observers by enabling them to automatically obtain information so that they can perform as well with multiple targets as they can by manually plotting a single target; and
.2Provide continuous, accurate and rapid situation evaluation.
1.2In addition to the General Requirements for Electronic Navigational Aids ([IMO] Res. A.281(VII)), the ARPA should comply with the following minimum performance standards.
2.1Definitions of terms in these performance standards are given in Annex 1.
3.1
3.1.1Where a separate facility is provided for detection of targets, other than by the radar observer, it should have a performance not inferior to that which could be obtained by the use of the radar display.
3.2
3.2.1Target acquisition may be manual or automatic. However, there should always be a facility to provide for manual acquisition and cancellation. ARPA with automatic acquisition should have a facility to suppress acquisition in certain areas. On any range scale where acquisition is suppressed over a certain area, the area of acquisition should be indicated on the display.
3.2.2Automatic or manual acquisition should have a performance not inferior to that which could be obtained by the user of the radar display.
3.3
3.3.1The ARPA should be able to automatically track, process, simultaneously display and continuously update the information on at least:
.120 targets, if automatic acquisition is provided, whether automatically or manually acquired; or
.210 targets, if only manual acquisition is provided.
3.3.2If automatic acquisition is provided, description of the criteria of selection of targets for tracking should be provided to the user. If the ARPA does not track all targets visible on the display, targets which are being tracked should be clearly indicated on the display. The reliability of tracking should not be less than that obtainable using manual recording of successive target positions obtained from the radar display.
3.3.3Provided the target is not subject to target swop, the ARPA should continue to track an acquired target which is clearly distinguishable on the display for 5 out of 10 consecutive scans.
3.3.4The possibility of tracking errors, including target swop, should be minimized by ARPA design. A qualitative description of the effects of error sources on the automatic tracking and corresponding errors should be provided to the user, including the effects of low signal to noise and low signal to clutter ratios caused by sea returns, rain, snow, low clouds and non-synchronous emission.
3.3.5The ARPA should be able to display on request at least four equally time-spaced past positions of any targets being tracked over a period of at least eight minutes.
3.4
3.4.1The Display may be a separate or integral part of the ship's radar. However, the ARPA display should include all the data required to be provided by a radar display in accordance with the performance standards for navigational radar equipment adopted by the Organization.
3.4.2 The design should be such that any malfunction of ARPA parts producing information additional to information to be produced by the radar as required by the performance standards for navigational equipment adopted by IMO should not affect the integrity of the basic radar presentation.
3.4.3 The display on which ARPA information is presented should have an effective diameter of at least 340 mm.
3.4.4The ARPA facilities should be available on at least the following range scales:
.112 or 16 miles;
.23 or 4 miles.
3.4.5There should be a positive indication of the range scale in use.
3.4.6The ARPA should be capable of operating with a relative motion display with “north-up” and either “head-up” or “course-up” azimuth stabilization. In addition, the ARPA may also provide for a true motion
3.4.7The course and speed information generated by the ARPA for acquired targets should be displayed in a vector or graphic form which clearly indicates the target's predicted motion. In this regard:
.1ARPA presenting predicted information in vector form only should have the option of both true and relative vectors;
.2An ARPA which is capable of presenting target course and speed information in graphic form, should also, on request, provide the target's true and/or relative vector;
.3Vectors displayed should be either time adjustable or have a fixed time-scale;
.4A positive indication of the time-scale of the vector in use should be given.
3.4.8The ARPA information should not obscure radar information in such a manner as to degrade the process of detecting targets. The display of ARPA data should be under the control of the radar observer. It should be possible to cancel the display of unwanted ARPA data.
3.4.9Means should be provided to adjust independently the brilliance of the ARPA data and radar data, including complete elimination of the ARPA data.
3.4.10The method of presentation should ensure that the ARPA data is clearly visible in general to more than one observer in the conditions of light normally experienced on the bridge of a ship by day and by night. Screening may be provided to shade the display from sunlight but not to the extent that it will impair the observer's ability to maintain a proper lookout. Facilities to adjust the brightness should be provided.
3.4.11Provisions should be made to obtain quickly the range and bearing of any object which appears on the ARPA display.
3.4.12When a target appears on the radar display and, in the case of automatic acquisition, enters within the acquisition area chosen by the observer or, in the case of manual acquisition, has been acquired by the observer, the ARPA should present in a period of not more than one minute an indication of the target's motion trend and display within three minutes the target's predicted motion in accordance with paragraphs 3.4.7, 3.6, 3.8.2 and 3.8.3.
3.4.13After changing range scales on which the ARPA facilities are available or resetting the display, full plotting information should be displayed within a period of time not exceeding four scans.
3.5
3.5.1The ARPA should have the capability to warn the observer with a visual and/or audible signal of any distinguishable target which closes to a range or transits a zone chosen by the observer. The target causing the warning should be clearly indicated on the display.
3.5.2The ARPA should have the capability to warn the observer with a visual and/or audible signal of any tracked target which is predicted to close to within a minimum range and time chosen by the observer. The target causing the warning should be clearly indicated on the display.
3.5.3The ARPA should clearly indicate if a tracked target is lost, other than out of range, and the target's last tracked position should be clearly indicated on the display.
3.5.4It should be possible to activate or de-activate the operational warnings.
3.6
3.6.1At the request of the observer the following information should be immediately available from the ARPA in alphanumeric form in regard to any tracked target:
3.7
3.7.1The ARPA should be capable of simulating the effect on all tracked targets of an own ship manoeuvre without interrupting the updating of target information. The simulation should be initiated by the depression either of a spring-loaded switch, or of a function key, with a positive identification on the display.
3.8
3.8.1The ARPA should provide accuracies not less than those given in paragraphs 3.8.2 and 3.8.3 for the four scenarios defined in Annex 2. With the sensor errors specified in Annex 3, the values given relate to the best possible manual plotting performance under environmental conditions of plus and minus ten degrees of roll.
3.8.2An ARPA should present within one minute of steady state tracking the relative motion trend of a target with the following accuracy values (95 percent probability values):
3.8.3An ARPA should present within three minutes of steady state tracking the motion of a target with the following accuracy values (95 percent probability values):
3.8.4When a tracked target, or own ship, has completed a manoeuvre, the system should present in a period of not more than one minute an indication of the target's motion trend, and display within three minutes the target's predicted motion in accordance with paragraphs 3.4.7, 3.6, 3.8.2 and 3.8.3
3.8.5The ARPA should be designed in such a manner that under the most favorable conditions of own ship motion the error contribution from the ARPA should remain insignificant compared to the errors associated with the input sensors, for scenarios of Annex 2.
3.9
3.9.1The ARPA should not degrade the performance of any equipment providing sensor inputs. The connection of the ARPA to any other equipment should not degrade the performance of that equipment.
3.10
3.10.1The ARPA should provide suitable warnings of ARPA malfunction to enable the observer to monitor the proper operation of the system. Additionally test programmes should be available so that the overall performance of ARPA can be assessed periodically against a known solution.
3.11
3.11.1Log and speed indicators providing inputs to ARPA equipment should be capable of providing the ship's speed through the water.
Relative course—The direction of motion of a target related to own ship as deduced from a number of measurements of its range and bearing on the radar. Expressed as an angular distance from North.
Relative speed—The speed of a target related to own ship, as deduced from a number of measurements of its range and bearing on the radar.
True course—The apparent heading of a target obtained by the vectorial combination of the target's relative motion and ship's own motion
True speed—The speed of a target obtained by the vectorial combination of its relative motion and own ship's motion
Bearing—The direction of one terrestrial point from another. Expressed as an angular distance from North.
Relative motion display—The position of own ship on such a display remains fixed.
True motion display—The position of own ship on such display moves in accordance with its own motion.
Azimuth stabilization—Own ship's compass information is fed to the display so that echoes of targets on the display will not be caused to smear by changes of own ship's heading.
Heading—The direction in which the bow of a vessel is pointing. Expressed as an angular distance from North.
Target's predicted motion—The indication on the display of a liner extrapolation into the future of a target's motion, based on measurements of the target's range and bearing on the radar in the recent past.
Target's motion trend—An early indication of the target's predicted motion.
Radar Plotting—The whole process of target detection, tracking, calculation of parameters and display of information.
Detection—The recognition of the presence of a target.
Acquisition—The selection of those targets requiring a tracking procedure and the initiation of their tracking.
Tracking—The process of observing the sequential changes in the position of a target, to establish its motion.
Display—The plan position presentation of ARPA data with radar data.
Manual—An activity which a radar observer performs, possibly with assistance from a machine.
Automatic—An activity which is performed wholly by a machine.
For each of the following scenarios predictions are made at the target position defined after previously tracking for the appropriate time of one or three minutes:
Own ship course—000°
Own ship speed—10 kt
Target range—8 n.m.
Bearing of target—000°
Relative course of target—180°
Relative speed of target—20 kt
Own ship course—000°
Own ship speed—10 kt
Target range—1 n.m.
Bearing of target—000°
Relative course of target—090°
Relative speed of target—10 kt
Own ship course—000°
Own ship speed—5 kt
Target range—8 n.m.
Bearing of target—045°
Relative course of target—225°
Relative speed of target—20 kt
Own ship course—000°
Own ship speed—25 kt
Target range—8 n.m.
Bearing of target—045°
Relative course of target—225°
Relative speed of target—20 kt
The accuracy figures quoted in paragraph 3.8 are based upon the following sensor errors and are appropriate to equipment complying with the Organization's performance standards for shipborne navigational equipment.
Independent studies carried out by national government agencies and equipment manufacturers have resulted in similar accuracies, where comparisons were made.
Note: o means “standard deviation”
Along length of target o = 30 m. (normal distribution)
Across beam of target o = 1 m. (normal distribution)
Bearing—rectangular distribution ± 0.01° maximum.
Range—rectangular distribution ± 0.01 n.m. maximum.
Bearing encoder assumed to be running from a remote synchro giving bearing errors with a normal distribution o = 0.03°
Calibration error 0.5°.
Normal distribution about this with o = 0.12°.
Calibration error 0.5 kt.
Normal distribution about this, 3 o = 0.2 kt.
A collision system designed as a supplement to both surface search navigational radars via interswitching shall be installed. The system shall provide unattended monitoring of all radar echoes and automatic audio and visual alarm signals that will alert the watch officer of a possible threat. The display shall be contained within a console capable of being installed adjacent to the radar displays in the wheelhouse and may form a part of the bridge console.
Provision for signal input from the ship's radars, gyro compass, and speed log, without modification to these equipments shall be made. The collision avoidance system, whether operating normally or having failed, must not introduce any spurious signals or otherwise degrade the performance of the radars, the gyro compass or the speed log.
Computer generated display data for each acquired target shall be in the form of a line or vector indicating true or relative target course, speed and both present and extrapolated future positions. Data shall be automatically displayed on a cathode ray tube or other suitable display contrivance sufficiently bright and unobstructed to permit viewing by more than one person at a time.
In addition to displaying the collision potential of the most threatening fixed and moving targets, the system shall be capable of simultaneously showing land masses.
The system display shall include a heading indication and bearing ring. The system shall also have the capability of allowing the operator to select “head-up” and to cancel the vector or line presentation of any of the targets. The presentation shall be non-smearing when changing modes or display scales in order to permit rapid evaluation of the displayed data.
Target acquisition, for display data purposes, may be manual, automatic or both, as specified by Owner.
For any manual acquisition system the alarms shall be initiated by a preset minimum range; and likewise for any automatic acquisition system the alarms shall be initiated by a preset minimum acceptable passing distance (CPA—Closest Point of Approach) and a preset advance warning time (TCPA—Time to Closest Point of Approach). Means shall be provided to silence the audio alarm for a given threat but the alarm shall resound upon a subsequent threat. The visual alarm shall continue to operate until all threats have been eliminated. If the collision avoidance system fails to perform as indicated above, after the system is set for unattended monitoring, the system shall produce both audio and visual warning alarms.
The system shall be capable of simulating a trial maneuver.
In addition to the target display, an alpha-numeric readout shall be provided which can present range, bearing, course, speed, CPA and TCPA for any selected target, either on the target display or by other display means.
The collision avoidance system shall be energized from the interior communications panel board in the wheelhouse.
The collision avoidance function may be incorporated in an integrated conning system, provided that failure of any other integrated system component will not degrade the collision avoidance function.
(a) This section applies to each foreign tanker of 10,000 gross tons or more, except a public vessel, that—
(1) Transfers oil at a port or place subject to the jurisdiction of the United States; or
(2) Otherwise enters or operates in the navigable waters of the United States, except a vessel described by § 164.02 of this part.
(b)
(1) For which the building contract is placed on or after June 1, 1979;
(2) In the absence of a building contract, the keel of which is laid or which is at a similar stage of construction on or after January 1, 1980;
(3) The delivery of which occurs on or after June 1, 1982; or
(4) That has undergone a major conversion contracted for on or after June 1, 1979; or construction of which was begun on or after January 1, 1980, or completed on or after June 1, 1982.
(c) Each tanker constructed on or after September 1, 1984, must meet the applicable requirements of Chapter II-1, Regulations 29 and 30, of SOLAS 74.
(d) Each tanker constructed before September 1, 1984, must meet the requirements of Chapter II-1, Regulation 29.19, of SOLAS 74.
(e) Each tanker of 40,000 gross tons or more, constructed before September 1, 1984, that does not meet the single-failure criterion of Chapter II-1, Regulation 29.16, of SOLAS 74, must meet the requirements of Chapter II-1, Regulation 29.20, of SOLAS 74.
(f) Each tanker constructed before September 1, 1984, must meet the applicable requirements of Chapter II-1,
(a) Each vessel required to be fitted with an Automatic Radar Plotting Aid (ARPA) under § 164.38 of this part must be fitted with a device to indicate speed and distance of the vessel either through the water or over the ground.
(b) The device must meet the following specifications:
(1) The display must be easily readable on the bridge by day or night.
(2) Errors in the indicated speed, when the vessel is operating free from shallow water effect, and from the effects of wind, current, and tide, should not exceed 5 percent of the speed of the vessel, or 0.5 knot, whichever is greater.
(3) Errors in the indicated distance run, when the vessel is operating free from shallow water effect, and from the effects of wind, current, and tide, should not exceed 5 percent of the distance run of the vessel in one hour or 0.5 nautical mile in each hour, whichever is greater.
(a) Each vessel calling at a port in the continental United States, including Alaska south of Cape Prince of Wales, except each vessel owned or bareboat chartered and operated by the United States, or by a state or its political subdivision, or by a foreign nation, and not engaged in commerce, must have one of the following:
(1) A Type I or II LORAN C receiver as defined in Section 1.2(e), meeting Part 2 (Minimum Performance Standards) of the Radio Technical Commission for Marine Services (RTCM) Paper 12-78/DO-100 dated December 20, 1977, entitled “Minimum Performance Standards (MPS) Marine Loran-C Receiving Equipment”. Each receiver installed must be labeled with the information required under paragraph (b) of this section.
(2) A satellite navigation receiver with:
(i) Automatic acquisition of satellite signals after initial operator settings have been entered; and
(ii) Position updates derived from satellite information during each usable satellite pass.
(3) A system that is found by the Commandant to meet the intent of the statements of availability, coverage, and accuracy for the U.S. Coastal Confluence Zone (CCZ) contained in the U.S. “Federal Radionavigation Plan” (Report No. DOD-NO 4650.4-P, I or No. DOT-TSC-RSPA-80-16, I). A person desiring a finding by the Commandant under this subparagraph must submit a written application describing the device to the Assistant Commandant for Operations, 2100 Second Street SW., Washington, DC 20593-0001. After reviewing the application, the Commandant may request additional information to establish whether or not the device meets the intent of the Federal Radionavigation Plan.
The Federal Radionavigation Plan is available from the National Technical Information Service, Springfield, Va. 22161, with the following Government Accession Numbers:
(b) Each label required under paragraph (a)(1) of this section must show the following:
(1) The name and address of the manufacturer.
(2) The following statement by the manufacturer:
This receiver was designed and manufactured to meet Part 2 (Minimum Performance Standards) of the RTCM MPS for Marine Loran-C Receiving Equipment.
Each vessel of 100,000 gross tons or more constructed on or after September 1, 1984 shall be fitted with a rate of turn indicator.
(a) Until July 1, 2004, each vessel required to provide automated position reports to a Vessel Traffic Service (VTS) under § 165.1704 of this subchapter must do so by an installed Automatic Identification System Shipborne Equipment (AISSE) system consisting of a:
(1) Twelve-channel all-in-view Differential Global Positioning System (dGPS) receiver;
(2) Marine band Non-Directional Beacon receiver capable of receiving dGPS error correction messages;
(3) VHF—FM transceiver capable of Digital Selective Calling (DSC) on the designated DSC frequency; and
(4) Control unit.
(b) An AISSE must have the following capabilities:
(1) Use dGPS to sense the position of the vessel and determine the time of the position using Universal Coordinated Time (UTC);
(2) Fully use the broadcast type 1, 2, 3, 5, 6, 7, 9, and 16 messages, as specified in RTCM Recommended Standards for Differential NAVSTAR GPS Service in determining the required information;
(3) Achieve a position error which is less than ten meters (32.8 feet) 2 distance root mean square (2 drms) from the true North American Datum of 1983 (NAD 83) in the position information transmitted to a VTS;
(4) Achieve a course error of less than 0.5 degrees from true course over ground in the course information transmitted to a VTS;
(5) Achieve a speed error of less than 0.05 knots from true speed over ground in the speed information transmitted to a VTS;
(6) Receive and comply with commands broadcast from a VTS as DSC messages on the designated DSC frequency;
(7) Receive and comply with RTCM messages broadcast as minimum shift keying modulated medium frequency signals in the marine radiobeacon band, and supply the messages to the dGPS receiver;
(8) Transmit the vessel's position, tagged with the UTC at position solution, course over ground, speed over ground, and Lloyd's identification number to a VTS;
(9) Display a visual alarm to indicate to shipboard personnel when a failure to receive or utilize the RTCM messages occurs;
(10) Display a separate visual alarm which is triggered by a VTS utilizing a DSC message to indicate to shipboard personnel that the U.S. Coast Guard dGPS system cannot provide the required error correction messages; and
(11) Display two RTCM type 16 messages, one of which must display the position error in the position error broadcast.
(c) An AISSE is considered non-operational if it fails to meet the requirements of paragraph (b) of this section.
Vessel Traffic Service (VTS) areas and operating procedures are set forth in Part 161 of this chapter.
(a) The following vessels must have an installed, operational AIS that complies with the IMO Resolution MSC.74(69), ITU-R Recommendation M.1371-1, and IEC 61993-2, and that is installed using IMO SN/Circ.277 (Incorporated by reference, see § 164.03) as of the date specified. “Length” refers to “registered length” as defined in 46 CFR, part 69.
(1) Self-propelled vessels of 65 feet or more in length engaged in commercial service and on an international voyage, not later than December 31, 2004.
(2) Notwithstanding paragraph (a)(1) of this section, the following vessels subject to the International Convention for Safety at Life at Sea, 1974, (SOLAS) as amended, that are on an international voyage must also comply with SOLAS, chapter V, as amended by
(i) Passenger vessels, of 150 gross tonnage or more, not later than July 1, 2003;
(ii) Tankers, regardless of tonnage, not later than the first safety survey for safety equipment on or after July 1, 2003;
(iii) Vessels, other than passenger vessels or tankers, of 50,000 gross tonnage or more, not later than July 1, 2004; and
(iv) Vessels, other than passenger vessels or tankers, of 300 gross tonnage or more but less than 50,000 gross tonnage, not later than the first safety survey for safety equipment on or after July 1, 2004, but no later than December 31, 2004.
(b) Notwithstanding paragraphs (a)(1) and (a)(2) of this section, the following vessels, transiting an area listed in table 161.12(c) of § 161.12 of this part.
(1) Each self-propelled vessel of 65 feet or more in length, engaged in commercial service;
(2) Each towing vessel of 26 feet or more in length and more than 600 horsepower;
(3) Each vessel of 100 gross tons or more carrying one or more passengers for hire; and
(4) Each passenger vessel certificated to carry 50 or more passengers for hire.
(c) The vessels listed in paragraph (b) of this section must comply according to the following schedule:
(1) For VTS St. Marys River, not later than December 31, 2003;
(2) For VTS Berwick Bay, VMRS Los Angeles/Long Beach, VTS Lower Mississippi River, VTS Port Arthur and VTS Prince William Sound, not later than July 1, 2004; and
(3) For VTS Houston-Galveston, VTS New York, VTS Puget Sound, and VTS San Francisco, not later than December 31, 2004.
(d) The requirements for Vessel Bridge-to-Bridge radiotelephones in §§ 26.04(a) and (c), 26.05, 26.06 and 26.07 of this chapter, also apply to AIS. The term “effective operating condition” used in § 26.06 includes accurate input and upkeep of all AIS data fields, including estimated time of arrival, destination, and number of people on board.
(e) The use of a portable AIS is permissible, only to the extent that electromagnetic interference does not affect the proper function of existing navigation and communication equipment on board, and such that only one AIS unit may be in operation at any one time.
(f) The AIS Pilot Plug, on each vessel over 1,600 gross tons, on international voyage, shall be available for pilot use, easily accessible from the primary conning position of the vessel, and near an AC power receptacle.
Except for the requirements of § 164.53(b), in an emergency, any person may deviate from any rule in this part to the extent necessary to avoid endangering persons, property, or the environment.
(a) If during a voyage any equipment required by this part stops operating properly, the person directing the movement of the vessel may continue to the next port of call, subject to the directions of the District Commander or the Captain of the Port, as provided by Part 160 of this chapter.
(b) If the vessel's radar, radio navigation receivers, gyrocompass, echo depth sounding device, or primary steering gear stops operating properly, the person directing the movement of the vessel must report or cause to be reported that it is not operating properly to the nearest Captain of the Port, District Commander, or, if participating in a Vessel Traffic Service, to the Vessel Traffic Center, as soon as possible.
For
The Captain of the Port, upon written application, may authorize a deviation from any rule in this part if he determines that the deviation does not impair the safe navigation of the vessel under anticipated conditions and will not result in a violation of the rules for preventing collisions at sea. The authorization may be issued for vessels operating in the waters under the jurisdiction of the Captain of the Port for any continuing operation or period of time the Captain of the Port specifies.
When a vessel is involved in a marine casualty as defined in 46 CFR 4.03-1, the master or person in charge of the vessel shall:
(a) Ensure compliance with 46 CFR Subpart 4.05, “Notice of Marine Casualty and Voyage Records;” and
(b) Ensure that the voyage records required by 46 CFR 4.05-15 are retained for:
(1) 30 days after the casualty if the vessel remains in the navigable waters of the United States; or
(2) 30 days after the return of the vessel to a United States port if the vessel departs the navigable waters of the United States within 30 days after the marine casualty.
For purposes of §§ 164.72 through 164.82, the term—
(a) Except as provided by § 164.01(b), each towing vessel must be equipped with the following navigational-safety equipment:
(1)
(i) For a vessel of less than 300 tons gross tonnage that engages in towing on navigable waters of the U.S., including Western Rivers, the radar must meet—
(A) The requirements of the Federal Communications Commission (FCC) specified by 47 CFR part 80; and
(B) RTCM Standard for Marine Radar Equipment Installed on Ships of Less Than 300 Tons Gross Tonnage, RTCM Paper 71-95/SC112-STD, Version 1.1, display Category II and stabilization Category Bravo.
(ii) For a vessel of less than 300 tons gross tonnage that engages in towing seaward of navigable waters of the U.S. or more than three nautical miles from shore on the Great Lakes, the radar must meet—
(A) The requirements of the FCC specified by 47 CFR part 80; and
(B) RTCM Standard for Marine Radar Equipment Installed on Ships of Less Than 300 Tons Gross Tonnage, RTCM Paper 71-95/SC112-STD, Version 1.1, display Category I and stabilization Category Alpha.
(iii) For a vessel of 300 tons gross tonnage or more that engages in towing on navigable waters of the U.S., including Western rivers, the radar must meet—
(A) The requirements of the Federal Communications Commission (FCC) specified by 47 CFR part 80; and
(B) RTCM Recommended Standards for Marine Radar Equipment Installed on Ships of 300 Tons Gross Tonnage and Upwards, RTCM Paper 191-93/SC112-X, Version 1.2 except the requirements for azimuth stabilization in paragraph 3.10.
(iv) For a vessel of 300 tons gross tonnage or more that engages in towing seaward of navigable waters of the U.S. or more than three nautical miles from shore on the Great Lakes, the radar must meet—
(A) The requirements of the FCC specified by 47 CFR Part 80; and
(B) RTCM Recommended Standards for Marine Radar Equipment Installed on Ships of 300 Tons Gross Tonnage and Upwards, RTCM Paper 191-93/SC112-X, Version 1.2.
(v) A towing vessel with an existing radar must meet the applicable requirements of paragraphs (a)(1) (i) through (iv) of this section by August 2, 1998; except that a towing vessel with an existing radar must meet the display and stabilization requirements of paragraph (a)(1)(ii)(B) of this section by August 2, 2001.
(2)
(3)
(4)
(i) An illuminated swing-meter or an illuminated car-type magnetic steering compass readable from the vessel's main steering station, if the vessel engages in towing exclusively on Western Rivers; or
(ii) An illuminated card-type magnetic steering compass readable from the vessel's main steering station.
(5)
(6)
(b) Each towing vessel must carry on board and maintain the following:
(1)
(i) The charts or maps must be of a large enough scale and have enough detail to make safe navigation of the areas possible.
(ii) The charts or maps must be either—
(A) Current editions or currently corrected editions, if the vessel engages in towing exclusively on navigable waters of the U.S., including Western Rivers; or
(B) Currently corrected editions, if the vessel engages in towing seaward of navigable waters of the U.S. or more than three nautical miles from shore on the Great Lakes.
(iii) The charts or maps may be, instead of charts or maps required by paragraphs (b)(1) (i) and (ii) of this section, currently corrected marine charts or maps, or applicable extracts, published by a foreign government. These charts or maps, or applicable extracts, must contain information similar to that on the charts or maps required by paragraphs (b)(1) (i) and (ii) of this section, be of large enough scale, and have enough detail to make safe navigation of the areas possible, and must be currently corrected.
(2)
(i) If the vessel is engaged in towing exclusively on Western Rivers—
(A) U.S. Coast Guard Light List;
(B) Applicable Notices to Navigation published by the ACOE, or Local Notices to Mariners (LNMs) published by the Coast Guard, for the area to be transited, when available; and
(C) River-current tables published by the ACOE or a river authority, if available.
(ii) If the vessel is engaged other than in towing exclusively on Western Rivers—
(A) Coast Guard Light List;
(B) Notices to Mariners published by the National Imagery and Mapping Agency, or LNMs published by the Coast Guard;
(C) Tidal-current tables published by private entities using data provided by the NOS, or river-current tables published by the ACOE or a river authority:
(D) Tide tables published by private entities using data provided by the NOS; and
(E) U.S. Coast Pilot.
(c) Table 164.72, following, summarizes the navigational-safety equipment, charts or maps, and publications required for towing vessels of 12 meters or more in length engaged in towing:
(a)
(1) The size and material of each towline must be—
(i) Appropriate for the horsepower or bollard pull of the vessel;
(ii) Appropriate for the static loads and dynamic loads expected during the intended service;
(iii) Appropriate for the sea conditions expected during the intended service;
(iv) Appropriate for exposure to the marine environment and to any chemicals used or carried on board the vessel;
(v) Appropriate for the temperatures of normal stowage and service on board the vessel;
(vi) Compatible with associated navigational-safety equipment; and
(vii) Appropriate for the likelihood of mechanical damage.
(2) Each towline as rigged must be—
(i) Free of knots;
(ii) Spliced with a thimble, or have a poured socket at its end; and
(iii) Free of wire clips except for temporary repair, for which the towline must have a thimble and either five wire clips or as many wire clips as the manufacturer specifies for the nominal diameter and construction of the towline, whichever is more.
(3) The condition of each towline must be monitored through the—
(i) Keeping on board the towing vessel or in company files of a record of the towline's initial minimum breaking strength as determined by the manufacturer, by a classification (“class”) society authorized in § 157.04 of this chapter, or by a tensile test that meets API Specification 9A, Specification for Wire Rope, Section 3; ASTM D 4268 (incorporated by reference, see § 164.03), Standard Test Method for Testing Fiber Ropes; or Cordage Institute CIA 3, Standard Test Methods for Fiber Rope Including Standard Terminations;
(ii) If the towline is purchased from another owner, master, or operator of a vessel with the intent to use it as a towline or if it is retested for any reason, keeping on board the towing vessel or in company files of a record of each retest of the towline's minimum breaking strength as determined by a class society authorized in § 157.04 of this chapter or by a tensile test that meets API Specification 9A, Section 3; ASTM D 4268 (incorporated by reference, see § 164.03) or Cordage Institute CIA 3, Standard Test Methods;
(iii) Conducting visual inspections of the towline in accordance with the manufacturer's recommendations, or at least monthly, and whenever the serviceability of the towline is in doubt (the inspections being conducted by the owner, master, or operator, or by a person on whom the owner, master, or operator confers the responsibility to take corrective measures appropriate for the use of the towline);
(iv) Evaluating the serviceability of the whole towline or any part of the towline, and removing the whole or
(A) Nautical miles on, or time in service of, the towline;
(B) Operating conditions experienced by the towline;
(C) History of loading of the towline;
(D) Surface condition, including corrosion and discoloration, of the towline;
(E) Amount of visible damage to the towline;
(F) Amount of material deterioration indicated by measurements of diameter and, if applicable, measurements of lay extension of the towline; and
(G) Point at which a tensile test proves the minimum breaking strength of the towline inadequate by the standards of paragraph (a)(1) of this section, if necessary; and
(v) Keeping on board the towing vessel or in company files of a record of the material condition of the towline when inspected under paragraphs (a)(3)(iii) and (iv) of this section. Once this record lapses for three months or more, except when a vessel is laid up or out of service or has not deployed its towline, the owner, master, or operator shall retest the towline or remove it from service.
(b)
(1) The material and size of the terminal gear are appropriate for the strength and anticipated loading of the towline and for the environment;
(2) Each connection is secured by at least one nut with at least one cotter pin or other means of preventing its failure;
(3) The lead of the towline is appropriate to prevent sharp bends in the towline from fairlead blocks, chocks, or tackle;
(4) There is provided a method, whether mechanical or non-mechanical, that does not endanger operating personnel but that easily releases the towline;
(5) The towline is protected from abrasion or chafing by chafing gear, lagging, or other means;
(6) Except on board a vessel towing in ice on Western Rivers or one using a towline of synthetic or natural fiber, there is fitted a winch that evenly spools and tightly winds the towline; and
(7) If a winch is fitted, there is attached to the main drum a brake that has holding power appropriate for the horsepower or bollard pull of the vessel and can be operated without power to the winch.
The owner, master, or operator of each vessel towing alongside or pushing ahead shall ensure that the face wires, spring lines, and push gear used—
(a) Are appropriate for the vessel's horsepower;
(b) Are appropriate for the arrangement of the tow;
(c) Are frequently inspected; and
(d) Remain serviceable.
(a) The owner, master, or operator of each vessel towing shall ensure that each person directing and controlling the movement of the vessel—
(1) Understands the arrangement of the tow and the effects of maneuvering on the vessel towing and on the vessel, barge, or object being towed;
(2) Can fix the position of the vessel using installed navigational equipment, aids to navigation, geographic reference-points, and hydrographic contours;
(3) Does not fix the position of the vessel using buoys alone (Buoys are aids to navigation placed in approximate positions either to alert mariners to hazards to navigation or to indicate the orientation of a channel. They may not maintain exact charted positions, because strong or varying currents,
(4) Evaluates the danger of each closing visual or radar contact;
(5) Knows and applies the variation and deviation, where a magnetic compass is fitted and where charts or maps have enough detail to enable this type of correction;
(6) Knows the speed and direction of the current, set, drift, and tidal state for the area to be transited; and
(7) Proceeds at a speed prudent for the weather, visibility, traffic density, tow draft, possibility of wake damage, speed of the current, and local speed-limits.
(b) The owner, master, or operator of each vessel towing shall ensure that the tests and inspections required by § 164.80 are conducted and that the results are entered in the log or other record carried on board.
By USCG-2000-6931, 68 FR 22610, Apr. 29, 2003, § 164.78 was amended by revising paragraphs (a)(6) and (a)(7) and by adding paragraph (a)(8), effective Aug. 27, 2003. For the convenience of the user, the revised and added text is set forth as follows:
(a) * * *
(6) Knows the speed and direction of the current, set, drift, and tidal state for the area to be transited;
(7) Proceeds at a safe speed taking into account the weather, visibility, density of traffic, draft of tow, possibility of wake damage, speed and direction of the current, and local speed-limits; and
(8) Monitors the voyage plan required by § 164.80.
(a) The owner, master, or operator of each towing vessel of less than 1,600 GT shall ensure that the following tests and inspections of gear occur before the vessel embarks on a voyage of more than 24 hours or when each new master or operator assumes command:
(1)
(2)
(3)
(4)
(5)
(6)
(b) The owner, master, or operator of each towing vessel of 1,600 GT or more shall ensure that the following tests of equipment occur at the frequency required by § 164.25 and that the following inspections of gear occur before the vessel embarks on a voyage of more than 24 hours or when each new master or operator assumes command:
(1)
(2)
By USCG-2000-6931, 68 FR 22610, Apr. 29, 2003, § 164.80 was amended by revising the section heading and by adding paragraph (c), effective Aug. 27, 2003. For the convenience of the user, the revised and added text is set forth as follows:
(c) Towing vessels described in paragraphs (b) (1) through (4) of § 164.01 are
(1) Applicable information from nautical charts and publications (also see paragraph (b) of §164.72), including Coast Pilot, Coast Guard Light List, and Coast Guard Local Notice to Mariners for the port of departure, all ports of call, and the destination;
(2) Current and forecast weather, including visibility, wind, and sea state for the port of departure, all ports of call, and the destination (also see paragraphs (a)(7) of §164.78 and (b) of §164.82);
(3) Data on tides and currents for the port of departure, all ports of call, and the destination, and the river stages and forecast, if appropriate;
(4) Forward and after drafts of the barge or barges and under-keel and vertical clearances (air-gaps) for all bridges, ports, and berthing areas;
(5) Pre-departure checklists;
(6) Calculated speed and estimated time of arrival at proposed waypoints;
(7) Communication contacts at any Vessel Traffic Services, bridges, and facilities, and any port-specific requirements for VHF radio;
(8) Any master's or operator's standing orders detailing closest points of approach, special conditions, and critical maneuvers; and
(9) Whether the towing vessel has sufficient power to control the tow under all foreseeable circumstances.
(a)
(b)
(c)
(1) Any absence or malfunction of vessel-operating equipment for navigational safety, such as propulsion machinery, steering gear, radar, gyrocompass, echo depth-sounding or other sounding device, automatic dependent surveillance equipment, or navigational lighting;
(2) Any condition on board the vessel likely to impair navigation, such as shortage of personnel or lack of current nautical charts or maps, or publications; and
(3) Any characteristics of the vessel that affect or restrict the maneuverability of the vessel, such as arrangement of cargo, trim, loaded condition, under-keel clearance, and speed.)
(d)
(1) The initial notice and request for a deviation and an authorization may be spoken, but the request must also be written. The written request must explain why immediate repair is impracticable, and state when and by whom the repair will be made.
(2) The COTP, upon receiving even a spoken request, may grant a deviation and an authorization from any of the provisions of §§ 164.70 through 164.82 for a specified time if he or she decides that they would not impair the safe navigation of the vessel under anticipated conditions.
33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.
CGD 79-034, 47 FR 29660, July 8, 1982, unless otherwise noted.
The purpose of this part is to:
(a) Prescribe procedures for establishing different types of limited or controlled access areas and regulated navigation areas;
(b) Prescribe general regulations for different types of limited or controlled access areas and regulated navigation areas;
(c) Prescribe specific requirements for established areas; and
(d) List specific areas and their boundaries.
(a) A safety zone, security zone, or regulated navigation area may be established on the initiative of any authorized Coast Guard official.
(b) Any person may request that a safety zone, security zone, or regulated navigation area be established. Except as provided in paragraph (c) of this section, each request must be submitted in writing to either the Captain of the Port or District Commander having jurisdiction over the location as described in Part 3 of this chapter, and include the following:
(1) The name of the person submitting the request;
(2) The location and boundaries of the safety zone, security zone, or regulated navigation area;
(3) The date, time, and duration that the safety zone, security zone, or regulated navigation area should be established;
(4) A description of the activities planned for the safety zone, security zone, or regulated navigation area;
(5) The nature of the restrictions or conditions desired; and
(6) The reason why the safety zone, security zone, or regulated navigation area is necessary.
(c) Safety Zones and Security Zones. If, for good cause, the request for a safety zone or security zone is made less than 5 working days before the zone is to be established, the request may be made orally, but it must be followed by a written request within 24 hours.
(a) The establishment of these limited access areas and regulated navigation areas is considered rulemaking. The procedures used to notify persons of the establishment of these areas vary depending upon the circumstances and emergency conditions. Notification may be made by marine broadcasts, local notice to mariners, local news media, distribution in leaflet form, and on-scene oral notice, as well as publication in the
(b) Notification normally contains the physical boundaries of the area, the reasons for the rule, its estimated duration, and the method of obtaining authorization to enter the area, if applicable, and special navigational rules, if applicable.
(c) Notification of the termination of the rule is usually made in the same
Geographic coordinates expressed in terms of latitude or longitude, or both, are not intended for plotting on maps or charts whose referenced horizontal datum is the North American Datum of 1983 (NAD 83), unless such geographic coordinates are expressly labeled NAD 83. Geographic coordinates without the NAD 83 reference may be plotted on maps or charts referenced to NAD 83 only after application of the appropriate corrections that are published on the particular map or chart being used.
A regulated navigation area is a water area within a defined boundary
Each District Commander may control vessel traffic in an area which is determined to have hazardous conditions, by issuing regulations:
(a) Specifying times of vessel entry, movement, or departure to, from, within, or through ports, harbors, or other waters;
(b) Establishing vessel size, speed, draft limitations, and operating conditions; and
(c) Restricting vessel operation, in a hazardous area or under hazardous conditions, to vessels which have particular operating characteristics or capabilities which are considered necessary for safe operation under the circumstances.
(a) The master of a vessel in a regulated navigation area shall operate the vessel in accordance with the regulations contained in Subpart F.
(b) No person may cause or authorize the operation of a vessel in a regulated navigation area contrary to the regulations in this part.
A Safety Zone is a water area, shore area, or water and shore area to which, for safety or environmental purposes, access is limited to authorized persons, vehicles, or vessels. It may be stationary and described by fixed limits or it may be described as a zone around a vessel in motion.
Unless otherwise provided in this part:
(a) No person may enter a safety zone unless authorized by the COTP or the District Commander;
(b) No person may bring or cause to be brought into a safety zone any vehicle, vessel, or object unless authorized by the COTP or the District Commander;
(c) No person may remain in a safety zone or allow any vehicle, vessel, or object to remain in a safety zone unless authorized by the COTP or the District Commander; and
(d) Each person in a safety zone who has notice of a lawful order or direction shall obey the order or direction of the COTP or District Commander issued to carry out the purposes of this subpart.
(a) A security zone is an area of land, water, or land and water which is so designated by the Captain of the Port or District Commander for such time as is necessary to prevent damage or injury to any vessel or waterfront facility, to safeguard ports, harbors, territories, or waters of the United States or to secure the observance of the rights and obligations of the United States.
(b) The purpose of a security zone is to safeguard from destruction, loss, or injury from sabotage or other subversive acts, accidents, or other causes of a similar nature:
(1) Vessels,
(2) Harbors,
(3) Ports, and
(4) Waterfront facilities:
Unless otherwise provided in the special regulations in Subpart F of this part:
(a) No person or vessel may enter or remain in a security zone without the permission of the Captain of the Port;
(b) Each person and vessel in a security zone shall obey any direction or order of the Captain of the Port;
(c) The Captain of the Port may take possession and control of any vessel in the security zone;
(d) The Captain of the Port may remove any person, vessel, article, or thing from a security zone;
(e) No person may board, or take or place any article or thing on board, any vessel in a security zone without the permission of the Captain of the Port; and
(f) No person may take or place any article or thing upon any waterfront facility in a security zone without the permission of the Captain of the Port.
The Commandant, may direct the COTP to prevent access to waterfront facilities, and port and harbor areas, including vessels and harbor craft therein. This section may apply to persons who do not possess the credentials outlined in § 125.09 of this chapter when certain shipping activities are conducted that are outlined in § 125.15 of this chapter.
(a)
(b)
(c)
(d)
(2) Persons desiring to transit the area of the security zone may contact the COTP at telephone number 207-780-3251 or the authorized on-scene patrol representative on VHF-FM channel 13 (156.65 MHz) or VHF-FM channel 16 (156.8MHz) to seek permission to transit the area.
(3) All persons and vessels must comply with the instructions of the COTP or the designated on-scene Coast Guard patrol personnel. On-scene Coast Guard patrol personnel include commissioned, warrant and petty officers of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, and local, state and federal law enforcement vessels.
(4) The COTP or his designated representative will notify the maritime community of periods during which these zones will be enforced. The COTP or his designated representative will identify escorted vessel transits by way of marine information broadcast. Emergency response vessels are authorized to move within the zone, but must abide by restrictions imposed by the COTP or his designated representative.
(e)
By CGD01-03-028, 68 FR 22307, Apr. 28, 2003, § 165.T01-028 was added, effective Apr. 15, 2003 to Oct. 11, 2003.
(a)
(b)
(c)
(d)
(A) A propulsion failure;
(B) A parted towing line;
(C) A loss of tow;
(D) A fire;
(E) Grounding;
(F) A loss of steering; or
(G) Any other casualty that affects the navigation or seaworthiness of either vessel.
(ii) Double-hull tank barges are exempt from paragraph (d)(1)(i) of this section.
(iii) The cognizant Captain of the Port (COTP), upon written application, may authorize an exemption from the requirements of paragraph (d)(1)(i) of this section for—
(A) Any tank barge with a capacity of less than 25,000 barrels, operating in an area with limited depth or width such as a creek or small river; or
(B) Any tank barge operating on any waters within the COTP Zone, if the operator demonstrates to the satisfaction of the COTP that the barge employs an equivalent level of safety to that provided by the positive control provisions of this section. Each request for an exemption under this paragraph must be submitted in writing to the cognizant COTP no later than 7 days before the intended transit.
(iv) The operator of a towing vessel engaged in towing any tank barge must immediately call for an escort or assist tug to render assistance in the event of any of the occurrences identified in paragraph (d)(1)(i) of this section.
(2)
(i) Execution Rocks Light (USCG Light List No. [LLNR] 21440).
(ii) Matinecock Point Shoal Buoy (LLNR 21420).
(iii) 32A Buoy (LLNR 21380).
(iv) Cable and Anchor Reef Buoy (LLNR 21330).
(v) Stratford Middle Ground Light (LLNR 21260).
(vi) Old Field Point Light (LLNR 21275).
(vii) Approach to Stratford Point from the south (NOAA Chart 12370).
(viii) Falkner Island Light (LLNR 21170).
(ix) TE Buoy (LLNR 21160).
(x) CF Buoy (LLNR 21140).
(xi) PI Buoy (LLNR 21080).
(xii) Race Rock Light (LLNR 19815).
(xiii) Valiant Rock Buoy (LLNR 19825).
(xiv) Approach to Point Judith in vicinity of Block Island ferry route.
(xv) Buzzards Bay Entrance Light (LLNR 630).
(xvi) Buzzards Bay Midchannel Lighted Buoy (LLNR 16055)
(xvii) Cleveland East Ledge Light (LLNR 16085).
(xviii) Hog Island buoys 1 (LLNR 16130) and 2 (LLNR 16135).
(xix) Approach to the Bourne Bridge.
(xx) Approach to the Sagamore Bridge.
(xxi) Approach to the eastern entrance of Cape Cod Canal.
(3)
(ii) The watch officer is authorized to make modifications to the plan and validate it as necessary.
(iii) Except as provided in paragraph (d)(3)(iv) of this section, each voyage plan must contain:
(A) A description of the type, volume, and grade of cargo.
(B) Applicable information from nautical charts and publications, including Coast Pilot, Coast Guard Light List, and Coast Guard Local Notice to Mariners, for the destination(s).
(C) Current and forecasted weather, including visibility, wind, and sea state for the destination(s).
(D) Data on tides and tidal currents for the destination(s).
(E) Forward and after drafts of the tank barge, and under-keel and vertical clearances for each port and berthing area.
(F) Pre-departure checklists.
(G) Calculated speed and estimated times of arrival at proposed waypoints.
(H) Communication contacts at Vessel Traffic Service (VTS) (if applicable), bridges, and facilities, and port-specific requirements for VHF radio.
(I) The master's standing orders detailing closest points of approach, special conditions, and critical maneuvers.
(iv) Each owner or operator of a tank barge on an intra-port transit of not more than four hours may prepare a voyage plan that contains:
(A) The information described in paragraphs (d)(3)(iii)(D) and (E) of this section.
(B) Current weather conditions including visibility, wind, and sea state. This information may be entered in either the voyage plan or towing vessel's log book.
(C) The channels of VHF radio to monitor.
(D) Other considerations such as availability of pilot, assist tug, berth, and line-handlers, depth of berth at mean low water, danger areas, and securite
(4)
(i) The waters of Cape Cod Bay south of latitude 42°5′ North and east of longitude 70°25′ West; or
(ii) The waters of Fishers Island Sound east of longitude 72°2′ West, and west of longitude 71°55′ West.
(e) In addition to the authority for this part 165, this section is also authorized under authority of section 311, Pub. L. 105-383.
(a) The following is a regulated navigation area—Waters within the boundaries of a line beginning at 43°04′50″N, 70°44′52″W; then to 43°04′52″N, 70°44′53″W; then to 43°04′59″N, 70°44′46″W; then to 43°05′05″N, 70°44′32″W; then to 43°05′03″N, 70°44′30″W; then to the beginning point.
(b) Regulations—No vessel may operate in this area at a speed in excess of five miles per hour.
(a)
(b)
(2) No person may swim upon or below the surface of the water within the boundaries of this security zone.
(a)
(2) All waters of the Piscataqua River within a 500-yard radius of any Liquefied Petroleum Gas (LPG) vessel while it is moored at the LPG receiving facility on the Piscataqua River, Newington, New Hampshire.
(b)
(c)
(2) All persons and vessels shall comply with the instructions of the COTP or the designated on-scene U.S. Coast Guard patrol personnel. On-scene Coast Guard patrol personnel include commissioned, warrant, and petty officers of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, and local, state, and federal law enforcement vessels. Emergency response vessels are authorized to move within the zone, but must abide by restrictions imposed by the Captain of the Port.
(3) No person may swim upon or below the surface of the water within the boundaries of the safety and security zones unless previously authorized by the Captain of the Port, Portland, Maine or his authorized patrol representative.
(d) The Captain of the Port will notify the maritime community and local agencies of periods during which these safety and security zones will be in effect by providing notice of arrivals and departures of LPG vessels via the telephone and/or Marine Safety Information Radio Broadcasts.
(a)
(b)
(2) All vessel operators shall comply with the instructions of the COTP or the designated on-scene U. S. Coast Guard patrol personnel. On-scene Coast Guard patrol personnel include commissioned, warrant and petty officers of the Coast Guard on board Coast Guard, Coast GuardAuxiliary, local, state and federal law enforcement vessels.
(c)
(a)
(b)
(1) All navigable waters within the Portland, Maine, Captain of the Port Zone, extending from the surface to the sea floor, within a 100-yard radius of any passenger vessel that is anchored, moored, or in the process of mooring.
(2) All navigable waters, within the Portland, Maine, Captain of the Port Zone, extending from the surface to the sea floor, extending 200 yards ahead, and 100 yards aside and astern of any passenger vessel that is underway.
(c)
(2) All persons and vessels must comply with the instructions of the COTP or the designated on-scene Coast Guard patrol personnel. On-scene Coast Guard patrol personnel include commissioned, warrant and petty officers of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, and local, state and federal law enforcement vessels. Emergency response vessels are authorized to move within the zone, but must abide by restrictions imposed by the COTP or his designated representative.
(3) No person may swim upon or below the surface of the water within the boundaries of these security zones unless previously authorized by the COTP or his designated representative.
(d)
(a)
(b)
(2) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port, Portland, Maine or designated on-scene U.S. Coast Guard patrol personnel. On-scene Coast Guard patrol personnel include commissioned, warrant, and petty officers of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, local, state and federal law enforcement vessels.
(3) No person may swim upon or below the surface of the water within the boundaries of this security zone.
(a)
(b)
(1)
(2)
(3)
(c)
(2) All vessel operators shall comply with the instructions of the COTP or his/her designated on-scene U.S. Coast Guard patrol personnel. On-scene Coast Guard patrol personnel include commissioned, warrant, and petty officers of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, local, State, and Federal law enforcement vessels.
(3) No person may enter the waters within the boundaries of the safety and security zones in this section unless previously authorized by the Captain of the Port, Boston, or his/her authorized patrol representative.
(a) The following areas are established as safety zones during the conditions specified:
(1) Around the U.S.S.
(2) Whenever
(3) Around the U.S.S.
(b) The general regulations governing safety zones as contained in 33 CFR 165.23 apply.
(a)
Around the USS CASSIN YOUNG (DD-793) and any accompanying parade vessels when the USS CASSIN YOUNG is underway. The zone extends 100 yards in all directions in the waters around the USS CASSIN YOUNG and accompanying parade vessels whenever the USS CASSIN YOUNG is underway in Boston Harbor from the time the USS CASSIN YOUNG departs its berth until it is safely moored.
(b)
(a)
(1) Sector one will go into effect 15 minutes prior to the scheduled landing or takeoff of the aircraft carrying either the President, Vice President, or visiting heads of foreign states or foreign governments at Logan International Airport. Sector one will preclude all vessels from approaching within three hundred yards of the
(2) Sector two will go into effect 15 minutes before the vehicle carrying the President, Vice President, or visiting heads of foreign states or foreign governments enters the Callahan Tunnel or Sumner Tunnel. Sector two may preclude vessels, as necessary, from entering an area of the main ship channel, Boston Inner Harbor; fifty yards in all directions from a point directly above the Callahan Tunnel or Sumner Tunnel.
(3) Sector three will go into effect 15 minutes before the vehicle carrying the President, Vice President, or visiting heads of foreign states or foreign governments enters the Ted Williams Tunnel. Sector three may preclude vessels, as necessary, from entering an area of the main ship channel, Boston Inner Harbor, fifty yards in all directions from a point directly above the Ted Williams Tunnel.
(4) Sector four will go into effect 15 minutes before the President, Vice President, or visiting heads of foreign states or foreign governments board the designated transport vessel. Sector four will preclude all vessels from approaching within three hundred yards in all directions from the designated vessel transporting the President, Vice President, or visiting heads of foreign states or foreign governments between Logan International Airport and any location in Boston Harbor.
(5) The activation of a particular sector of this security zone will be announced via Safety Marine Information Broadcasts and/or by locally issued notices.
(b)
(2) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated on scene patrol personnel. Coast Guard patrol personnel include commissioned, warrant, and petty officers of the Coast Guard. Upon being hailed by a Coast Guard vessel via siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed.
(a)
(b)
(c)
(2) All vessel operators shall comply with the instructions of the COTP or the designated on-scene U.S. Coast Guard patrol personnel. On-scene Coast Guard patrol personnel include commissioned, warrant, and petty officers of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, local, state, and federal law enforcement vessels.
(a)
(b)
(2) All vessel operators shall comply with the instructions of the COTP or the designated on-scene U.S. Coast Guard patrol personnel. On-scene Coast Guard patrol personnel include commissioned, warrant, and petty officers of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, local, state, and federal law enforcement vessels.
(3) No person may enter the waters or land area within the boundaries of the safety and security zones unless previously authorized by the Captain of the Port, Boston or his authorized patrol representative.
(a)
(1)
(2)
(3)
(b)
(c)
(1) In accordance with the general regulations in § 165.23 and § 165.33 of this part, entry into or movement within these zones is prohibited unless authorized by the Captain of the Port Boston.
(2) All vessel operators shall comply with the instructions of the Captain of the Port or the designated on-scene U.S. Coast Guard patrol personnel. On-scene Coast Guard patrol personnel include commissioned, warrant, and petty officers of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, local, state, and federal law enforcement vessels.
(3) No person may enter the waters or land area within the boundaries of the safety and security zones unless previously authorized by the Captain of the Port, Boston or his authorized patrol representative.
(a)
(b)
(1) All tankships greater than 1,000 Gross Tons shall be under the direction and control of the Licensed Federal Pilot. This does not relieve persons in charge (Masters or Operators) from their ultimate responsibility for the safe navigation of vessels.
(2) All vessel(s) speed shall be kept to a minimum considering all factors and the need for optimum vessel control.
(3) Restrictions on size and draft of vessels:
(i) No vessel greater than 661 feet in length (using length overall) or greater than 90.5 feet in beam (using extreme breadth) shall transit the Safety Zone.
(ii) No vessel greater than 630.5 feet in length or 85.5 feet or greater in beam shall transit the Safety Zone during the period between sunset and sunrise.
(iii) No tankship greater than 550.5 feet in length shall transit the Safety Zone, either inbound or outbound, with
(4) Restrictions when the Chelsea River channel is obstructed by vessel(s) moored at the Northeast Petroleum Terminal located downstream of the Chelsea Street Bridge on the Chelsea, MA side of the Chelsea River—hereafter referred to as the Jenny Dock (approximate position 42°23′09″ N., 71°01′31″ W.)—or the Mobile Oil Terminal located on the East Boston Side of the Chelsea River downstream of the Chelsea Street Bridge (approximate position 42°23′05″ N., 71°01′31″ W.):
(i) When there is a vessel moored at each terminal, no vessel greater than 300.5 feet in length or greater than 60.5 feet in beam, shall transit the safety zone.
(ii) When a vessel with a beam greater than 60.5 feet is moored at either terminal, no vessel greater than 630.5 feet in length or greater than 85.5 feet in beam shall transit the Safety Zone.
(iii) When a vessel with a beam greater than 85.5 feet is moored at either terminal, no vessel greater than 550.5 feet in length or greater than 85.5 feet in beam shall transit the Safety Zone.
(5) Requirements for tug assistance:
(i) All tankships greater than 630.5 feet in length or greater than 85.5 feet in beam shall be assisted by at least four tugs of adequate horsepower.
(ii) All tankships from 450 feet in length up to and including 630.5 feet in length and less than 85.5 feet in beam shall be assisted by at least three tugs of adequate horsepower.
(iii) All tug/barge combinations with a tonnage of over 10,000 Gross Tons (for the barge(s), in all conditions of draft, shall be assisted by at least one tug of adequate horsepower.
(6) U.S. Certificated integrated tug/barge (ITB) combinations shall meet the requirements of a tankship of similar length and beam except that one less assist tug would be required.
(7) Variances from the above standard must be approved in advance by the Captain of the Port of Boston, MA.
(a)
(2) All waters of Rhode Island Sound, Narragansett Bay, the Providence and Taunton Rivers 2 miles ahead and 1 mile astern, and extending 1000 yards on either side of any high interest vessel transiting Narragansett Bay, or the Providence and Taunton Rivers.
(3) All waters and land within a 1000-yard radius of any high interest vessel moored at a waterfront facility in the Providence Captain of the Port zone.
(b)
(c)
(2) The general regulations covering safety and security zones in §§ 165.23 and 165.33, respectively, of this part apply.
(3) All persons and vessels shall comply with the instructions of the COTP, and the designated on-scene U.S. Coast Guard personnel. On-scene Coast Guard patrol personnel include commissioned, warrant, and petty officers of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, local, state, and federal law enforcement vessels.
(a)
(b)
(i) No vessel with a draft greater than 35 feet may transit when water depth is at or below mean low water.
(ii) Vessels with drafts greater than 35 feet but less than 38 feet may transit when water depth is other than that on or below mean low water, provided there is sufficient depth under the keel to prevent grounding.
(iii) Vessels with drafts greater than or equal to 38 feet must obtain permission, 48 hours in advance of the desired transit time, from the Captain of the Port, Providence to transit.
(2) Vessels with drafts greater than 35 feet must have at least one mile of visibility to transit the regulated area between Conimicut Light (LLNR 18305) and Channel Light 42 (LLNR 18580, Fuller Rock Light).
(3) Vessels over 65 feet in length are prohibited from passing, meeting, or overtaking other vessels over 65 feet in length in the regulated area from:
(i) Gaspee Point to Channel Light 42, (Fuller Rock Light, LLNR 18580).
(ii) Conimicut Point Reach (Conimicut Light, LLNR 18305) to Channel Lighted Buoy 19, 41°43.7′ N Latitude, 71°21.8′ W Longitude, (LLNR 18330) and Channel Lighted Buoy 20, 41°43.7′ N Latitude, 71°21.8′ W Longitude, (LLNR 18335).
(4) Vessels over 65 feet in length inbound for berths up the Providence River, planning to transit through the deep draft channel, are required to make Safety Signal (SECURITE) calls on both VHF channels 13 and 16 at the following geographic locations: Pilot's Station, Abeam of Castle Hill, Approaching the Newport bridge, South of Prudence Island, Abeam of Sandy Point, Abeam of Popasquash Point, Approaching the Southern End of Rumstick Neck Reach, Abeam of Conimicut Point Light (LLNR 18305), Abeam of Gaspee Point, Abeam of Sabin Point and upon mooring.
(5) Vessels over 65 feet in length outbound for sea down the Providence River Channel transiting through this regulated navigation area are required to make SECURITE calls on VHF channels 13 and 16 at the following geographic locations: one-half hour prior to departure from the berth, at departure from the berth, Abeam of Sabin Point, Abeam of Gaspee Point, and Abeam of Conimicut Light (LLNR 18305).
(6) Vessels 65 feet and under in length and all recreational vessels when meeting deep draft commercial vessel traffic in the Providence River Channel between Conimicut Light (LLNR 18305) and Channel Light 42 (LLNR 18580, Fuller Rock Light) shall keep out of the way of the oncoming deep draft commercial vessel.
(7) The Captain of the Port, Providence, may authorize a deviation from these regulations.
(c)
(a) Naval Ammunition Depot Piers. The waters within the following boundaries are a security zone—A line beginning on the shore at 40°25′57″N, 74°04′32″W; then to 40°27′52.5″N, 74°03′14.5″W; then to 40°27′28.3″N, 74°02′12.4″W; then to 40°26′29.2″N, 74°02′53″W; then to 40°26′31.1″N, 74°02′57.2″W; then to 40°25′27.3″N, 74°03′41″W; then along the shoreline to the beginning point.
(b) Terminal Channel. The waters within the following boundaries are a security zone—A line beginning at 40°27′41.2″N, 74°02′46″W; then to 40°28′27″N, 74°02′17.2″W; then to 40°28′21.1″N, 74°02′00″W; then to 40°28′07.8″N, 74°02′22″W; then to
(c) The following rules apply to the security zone established in paragraph (b) of this section (Terminal Channel) instead of the rule in § 165.33(a):
(1) No vessel shall anchor, stop, remain or drift without power at anytime in the security zone.
(2) No vessel shall enter, cross, or otherwise navigate in the security zone when a public vessel, or any other vessel, that cannot safely navigate outside the Terminal Channel, is approaching or leaving the Naval Ammunition Depot Piers at Leonardo, New Jersey.
(3) Vessels may enter or cross the security zone, except as provided in paragraph (c)(2) of this section.
(4) No person may swim in the security zone.
(a) Security zones:
(1)
(2)
(b)
(a)
(b)
(c)
(2) All vessels and persons are prohibited from anchoring, diving, dredging, dumping, fishing, trawling, laying cable, or conducting salvage operations in this zone except as authorized by the Coast Guard Captain of the Port, Portland, Maine. Innocent transit through the area within the safety zone is not affected by this regulation and does not require the authorization of the Captain of the Port.
(3) All persons and vessels shall comply with the instructions of the COTP or the designated on scene patrol personnel. U.S. Coast Guard patrol personnel include commissioned, warrant, and petty officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard vessel via siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed.
(a)
(b)
(2) Applicability. The regulations apply to barges with a freeboard greater than ten feet and to any vessel towing or pushing these barges on outbound transits of the Tomlinson Bridge.
(3) Regulated barges may not transit the bridge—
(i) During the period from one hour to five hours after high water slack,
(ii) When the wind speed at the bridge is greater than twenty knots, and
(iii) With the barge being towed on a hawser, stern first.
(4) Regulated barges with a beam greater than fifty feet must be pushed ahead through the bridge.
(5) If the tug operator does not have a clear view over the barge when pushing ahead, the operator shall post a lookout on the barge with a means of communication with the operator.
(6) Regulated barges departing the Mill River may transit the bridge only between sunrise and sunset. Barges must be pushed ahead of the tug, bow first, with a second tug standing by to assist at the bow.
(7) Nothing in this section is intended to relieve any person from complying with:
(i) Applicable Navigation and Pilot Rules for Inland Waters;
(ii) Any other laws or regulations;
(iii) Any order or direction of the Captain of the Port.
(8) The Captain of the Port, New Haven, may issue an authorization to deviate from any rule in this section if the COTP finds that an alternate operation can be done safely.
(a)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(b)
(c)
(d)
(a)
(b)
(1) Recreational vessels;
(2) Vessels operating exclusively within the Marine Inspection and Captain of the Port Zone;
(3) Vessels on a single voyage which depart from and return to the same port or place within the RNA;
(4) U.S. flagged public vessels; and
(5) Primary towing vessels engaged in towing tank barges carrying petroleum oil in bulk as cargo and issuing the securite
(c)
(d)
(2) All inbound vessels operating within the RNA must be inspected to the satisfaction of the United States Coast Guard and must obtain authorization from the Captain of the Port before crossing the line three nautical miles from the territorial sea baseline.
(3) Vessels awaiting inspection or Captain of the Port authorization to enter within the three nautical mile line will be directed to anchor in a specific location within the Regulated Navigation Area.
(4) Vessels over 1,600 gross tons operating in the RNA within the line extending seaward three nautical miles from the territorial sea baseline must receive authorization from the Captain of the Port prior to any vessel movements.
By CDG09-01-187, 67 FR 519, Jan. 4, 2002, § 165.T01-153 was added, effective from Dec. 10, 2001, until June 15, 2002. At 67 FR 40861, June 14, 2002, paragraph (c) was revised and the effective date was extended to Nov. 15, 2002. At 67 FR 69134, Nov. 15, 2002, paragraph (c) was revised and the effective date of the section was extended until Mar. 15, 2003. At 68 FR 12306, Mar. 14, 2003, paragraph (c) was revised and the effective date of the section was extended to Aug. 15, 2003.
(a)
(1)
(2)
(b)
(c)
(2) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated on-scene patrol personnel. These personnel comprise commissioned, warrant, and petty officers of the Coast Guard. Upon being hailed by a U. S. Coast Guard vessel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed.
By CDG09-01-187, 67 FR 520, Jan. 4, 2002, § 165.T01-154 was added, effective from Dec. 10, 2001, until June 15, 2002. At 67 FR 40861, June 14, 2002, paragraph (b) was revised and the effective date was extended to Nov. 15, 2002. At 67 FR 69134, Nov. 15, 2002, paragraph (b) was revised and the effective date of the section was extended to Mar. 15, 2003. At 68 FR 12306, Mar. 14, 2003, paragraph (b) was revised and the effective date of the section was extended to Aug. 15, 2003.
(a) The following area is established as a safety zone during the specified condition:
(1) The waters within a 500 yard radius of the Northville Industries Offshore Platform, Long Island, New
(b) The general regulations governing safety zone contained in 33 CFR 165.23 apply.
(c) The Captain of the Port will notify the maritime community of periods during which this safety zone will be in effect by providing notice of scheduled moorings at the Northville Industries Offshore Platform of LPG vessels via Marine Safety Information Radio Broadcast.
(a)
(1) All waters of the New York Marine Inspection Zone and Captain of the Port Zone within a 200-yard radius of any Liquefied Hazardous Gas (LHG) vessel or LHG facility.
(2) All waters of the New York Marine Inspection Zone and Captain of the Port Zone within a 100-yard radius of any Designated Vessels.
(b)
(c)
(2) All persons and vessels must comply with the instructions of the Coast Guard Captain of the Port or the designated on-scene patrol personnel. These personnel comprise commissioned, warrant, and petty officers of the Coast Guard onboard Coast Guard, Coast Guard Auxiliary, local, state, and federal law enforcement vessels. Upon being hailed by U.S. Coast Guard patrol personnel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed.
(3) The Captain of the Port will notify the maritime community of periods during which these zones will be enforced by methods in accordance with 33 CFR 165.7 and will identify DV vessel transits by way of electronic mail broadcast.
(a)
(1)
(i)
(ii)
(2)
(i)
(ii)
(3)
(i)
(ii)
(4)
(i)
(ii)
(5)
(i)
(ii)
(6)
(i)
(ii)
(7)
(i)
(ii)
(8)
(i)
(ii)
(9)
(i)
(ii)
(10)
(i)
(ii)
(11)
(i)
(ii)
(12)
(i)
(ii)
(b)
(2) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated on-scene-patrol personnel. These personnel comprise commissioned, warrant, and petty officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed.
(a)
(b)
(2) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designed on-scene-patrol personnel. These personnel comprise commissioned, warrant, and petty officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed.
(c)
(a) The following areas are established as safety zones:
(1) Safety Zone A—(i)
(ii)
(2)
(ii)
(3) Safety Zone C—
(i)
(ii)
(4) Safety Zone D—
(i)
(ii)
(5) Safety Zone E—
(i)
(ii)
(b)
(c)
(2) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated on-scene-patrol personnel. these personnel comprise commissioned, warrant, and petty officers of the Coast Guard. Upon being hailed by a U. S. Coast Guard vessel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed.
(a) The following areas are established as security zones:
(1)
(2) [
(3)
(4)
(5)
(6) The security zone will be activated 30 minutes before the dignitaries' arrival into the zone and remain in effect until 15 minutes after the dignitaries' departure from the zone.
(7) The activation of a particular zone will be announced by facsimile and marine information broadcasts.
(b)
(2) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated on-scene-patrol personnel. These personnel comprise commissioned, warrant, and petty officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard vessel using siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed.
(a)
(b)
(1) Work Area (1): The waters bounded by a line connecting the following points:
(2) Work Area (2): The waters bounded by a line connecting the following points:
(3) Work Area (3): The waters bounded by a line connecting the following points:
(4) Work Area (4): The waters bounded by a line connecting the following points:
(5) Work Area (5): The waters bounded by a line connecting the following points:
(6) Work Area (6): The waters bounded by a line connecting the following points:
(7) Work Area (7): The waters bounded by a line connecting the following points:
(8) Work Area (8): The waters bounded by a line connecting the following points:
(9) Work Area (9): The waters bounded by a line connecting the following points:
(c)
(d)
(2) Each vessel transiting in the vicinity of the work areas, where drill barges and/or dredges are located, is required to do so at no wake speed.
(3) No vessel shall enter the RNA when they are advised by the drilling barge or VTSNY that a misfire or hangfire has occurred. Vessels already underway in the RNA shall proceed to clear the impacted area immediately.
(4) Vessels, 300 gross tons or greater, and tugs with tows are prohibited from meeting or overtaking other vessels when transiting alongside an active work area.
(5) Vessels, 300 gross tons or greater, and tugs with tows transiting with the prevailing current (as measured from the Battery tide station) are regarded as the stand-on vessel.
(6) Prior to entering the RNA, the master, pilot or operator of each vessel, 300 gross tons or greater and tugs with tows, shall ensure that they have sufficient propulsion and directional control to safely navigate the area under the prevailing conditions, and shall notify VTSNY as to their decision regarding the employment of assist tugs while transiting the RNA.
(7) Hawser or wire length must not exceed 100 feet, measured from the towing bit on the tug to the point where the hawser or wire connects with the towed vessel or barge, for any vessel with another vessel/barge in tow.
(8) Waiver. The Captain of the Port, New York may, upon request, authorize a deviation from any regulation in this section if it is found that the proposed operations can be done safely. An application for deviation must be received not less than 24 hours before the intended operation and must state the need and describe the proposal.
(9) Tugs with tows includes a tug with a vessel or barge in tow, alongside, or being pushed.
(10)
(i)
(ii)
(iii)
(iv)
(A) cargo ships and tankers in ballast may not transit Work Areas (4) and (5);
(B) tugs pushing or towing alongside tank barges 350 feet in length, or greater, in light condition, require an assist tug in Work Areas (4) and (5).
(v)
By CGD01-03-017, 68 FR 16958, Apr. 8, 2003, § 165.165 was amended by adding paragraph (d)(10), effective Mar. 30, 2003, through Sept. 30, 2004.
(a)
(b)
(c)
(2) No vessels, except the Staten Island Ferries, will be allowed to transit the safety zone without the permission of the Captain of the Port, New York.
(3) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated on-scene patrol personnel. These personnel comprise commissioned, warrant, and petty officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed.
(4) Vessels equal to or greater than 20 meters (65.6 feet) in length, carrying persons for the purpose of viewing the fireworks, may take position in an area inside the safety zone, at least 200 yards off the bulkhead on the west bank and just off the pierhead faces on the east bank of the East River between the Williamsburg Bridge and North 9th Street, Brooklyn. This area is bound by the following points: 40°42′45.5″ N 073°58′07.4″ W; thence to 40°42′50.4″ N 073°58′23.2″ W; thence to 40°43′23.1″ N 073°58′12.7″ W; thence to 40°43′21.5″ N 073°57′45.7″ W; (NAD 1983) thence back to the point of beginning. All vessels must be in this location by 6:30 p.m. (e.s.t.) the day of the event.
(a)
(b)
(a)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(b)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(c)
(1)
(2)
(3)
(4)
(d)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(e)
(f)
(g)
(2) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated on-scene-patrol personnel. These personnel comprise commissioned, warrant, and petty officers of the Coast Guard. Upon being hailed by a U. S. Coast Guard vessel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed.
(a)
(1)
(2)
(3)
(i) When a barge, ferry or other commercial vessel is conducting transfer operations at a commercial waterfront facility, the 25-yard zone is measured
(ii) Vessels may transit through any portion of the zone that extends into the navigable channel for the sole purpose of direct and expeditious transit through the zone so long as they remain within the navigable channel, maintain the maximum safe distance from the commercial waterfront facility and do not stop or loiter within the zone.
(4)
(5)
(6)
(ii)
(7)
(ii)
(iii)
(8)
(ii)
(iii)
(iv)
(v)
(9)
(ii)
(iii)
(10)
(b)
(2) Vessels not actively engaged in legitimate transfer operations shall not stop or loiter within that part of a commercial waterfront facility safety and security zone extending into the navigable channel, described in paragraph (a)(3) of this section, without the express permission of the Coast Guard Captain of the Port or the designated on-scene patrol personnel.
(3) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated on-scene patrol personnel. These personnel comprise commissioned, warrant, and petty officers of the Coast Guard onboard Coast Guard, Coast Guard Auxiliary, local, state, and federal law enforcement vessels. Upon being hailed by U.S. Coast Guard patrol personnel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed.
By CGD01-03-010, 68 FR 7929, Feb. 19, 2003, § 165.169 was amended by adding paragraphs (a)(7), (a)(8), (a)(9) and (a)(10), effective February 4, 2003, to September 1, 2003.
(a)
(b)
(c)
(2) No vessels will be allowed to transit the safety zone without the permission of the Captain of the Port, New York.
(3) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated on-scene patrol personnel. These personnel comprise commissioned, warrant, and petty officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed.
(a)
(b)
(2) No person or vessel may enter or navigate within this security zone unless authorized to do so by the Coast Guard or designated representative. Any person or vessel authorized to enter the security zone must operate in strict conformance with any directions given by the Coast Guard or designated representative and leave the security zone immediately if the Coast Guard or designated representative so orders.
(3) The Coast Guard or designated representative enforcing this section can be contacted on VHF Marine Band Radio, channels 13 and 16. The Captain of the Port can be contacted at (215) 271-4807.
(4) The Captain of the Port will notify the public of any changes in the status of this security zone by Marine Safety Radio Broadcast on VHF-FM marine band radio, channel 22 (157.1 MHz).
(c)
(d)
By COTP Philadelphia 03-003, 68 FR 32998, June 3, 2003, § 165.T05-078 was added, effective May 13, 2003 to Jan. 24, 2004.
(a)
(b)
(2) No person or vessel may enter or navigate within this security zone unless authorized to do so by the Coast Guard or designated representative. Any person or vessel authorized to enter the security zone must operate in strict conformance with any directions given by the Coast Guard or designated representative and leave the security zone immediately if the Coast Guard or designated representative so orders.
(3) The Coast Guard or designated representative enforcing this section can be contacted on VHF Marine Band Radio, channels 13 and 16. The Captain of the Port can be contacted at (215) 271-4807.
(4) The Captain of the Port will notify the public of any changes in the status of this security zone by Marine Safety Radio Broadcast on VHF-FM marine band radio, channel 22 (157.1 MHZ).
(c)
(d)
By COTP Philadelphia 03-004, 68 FR 33388, June 4, 2003, § 165.T05-90 was added, effective May 13, 2003 to Jan. 24, 2004.
(a)
(b)
(2) No person or vessel may enter or navigate within this security zone unless authorized to do so by the Coast Guard or designated representative. Any person or vessel authorized to enter the security zone must operate in strict conformance with any directions given by the Coast Guard or designated representative and leave the security zone immediately if the Coast Guard or designated representative so orders.
(3) The Coast Guard or designated representative enforcing this section can be contacted on VHF Marine Band Radio, channels 13 and 16. The Captain of the Port can be contacted at (215) 271-4807.
(4) The Captain of the Port will notify the public of any changes in the status of this security zone by Marine Safety RadioBroadcast on VHF-FM marine band radio, channel 22 (157.1 MHZ).
(c)
(d)
By COTP Philadelphia 03-005, 68 FR 32645, June 2, 2003, § 165.T05-091 was added, effective May 13, 2003 to Jan. 24, 2004.
(a)
All coordinates reference Datum: NAD 1983.
(b)
(2) No person or vessel may enter or navigate within this security zone unless authorized to do so by the Coast Guard or designated representative. Any person or vessel authorized to enter the security zone must operate in strict conformance with any directions given by the Coast Guard or designated representative and leave the security zone immediately if the Coast Guard or designated representative so orders.
(3) The Coast Guard or designated representative enforcing this section can be contacted on VHF Marine Band Radio, channels 16. The Captain of the Port can be contacted at (215) 271-4940.
(4) The Captain of the Port will notify the public of any changes in the status of this security zone by Marine Safety Radio Broadcast on VHF-FM marine band radio, channel 16.
(c)
(d)
By COTP Philadelphia 03-006, 68 FR 33389, June 4, 2003, § 165.T05-093 was added, effective May 13, 2003 to Jan. 24, 2004.
(a)
All coordinates reference Datum: NAD 1983.
(b)
(2) No person or vessel may enter or navigate within this security zone unless authorized to do so by the Coast Guard or designated representative. Any person or vessel authorized to enter the security zone must operate in strict conformance with any directions given by the Coast Guard or designated representative and leave the security zone immediately if the Coast Guard or designated representative so orders.
(3) The Coast Guard or designated representative enforcing this section can be contacted on VHF Marine Band Radio, channels 13 and 16. The Captain of the Port can be contacted at (215) 271-4807.
(4) The Captain of the Port will notify the public of any changes in the status of this security zone by Marine Safety Radio Broadcast on VHF-FM marine band radio, channel 22 (157.1 MHZ).
(c)
(d)
By COTP Philadelphia 03-007, 68 FR 33401, June 4, 2003, § 165.T05-093 was added, effective May 13, 2003 to Jan. 24, 2004.
(a)
(1)
(2)
(i) A line drawn across the entrance to Chesapeake Bay between Wise Point and Cape Charles Light, and then continuing to Cape Henry Light.
(ii) A line drawn across the Chesapeake Bay between Old Point Comfort
(iii) A line drawn across the James River along the eastern side of U.S. Route 17 highway bridge, between Newport News and Isle of Wight County, Virginia.
(iv) A line drawn across Chuckatuck Creek along the northern side of the north span of the U.S. Route 17 highway bridge, between Isle of Wight County and Suffolk, Virginia.
(v) A line drawn across the Nansemond River along the northern side of the Mills Godwin (U.S. Route 17) Bridge, Suffolk, Virginia.
(vi) A line drawn across the mouth of Bennetts Creek, Suffolk, Virginia.
(vii) A line drawn across the Western Branch of the Elizabeth River along the eastern side of the West Norfolk Bridge, Portsmouth, Virginia.
(viii) A line drawn across the Southern Branch of the Elizabeth River along the northern side of the I-64 highway bridge, Chesapeake, Virginia.
(ix) A line drawn across the Eastern Branch of the Elizabeth River along the western side of the west span of the Campostella Bridge, Norfolk, Virginia.
(x) A line drawn across the Lafayette River along the western side of the Hampton Boulevard Bridge, Norfolk, Virginia.
(xi) A line drawn across Little Creek along the eastern side of the Ocean View Avenue (U.S. Route 60) Bridge, Norfolk, Virginia.
(xii) A line drawn across Lynnhaven Inlet along the northern side of Shore Drive (U.S. Route 60) Bridge, Virginia Beach, Virginia.
(b)
(c)
(1) Law enforcement.
(2) Servicing aids to navigation.
(3) Surveying, maintenance, or improvement of waters in the Regulated Navigation Area.
(d)
(i) The vessel has the permission of the Captain of the Port.
(ii) Only in an emergency, when unable to proceed without endangering the safety of persons, property, or the
(iii) A vessel may not anchor within the confines of Little Creek Harbor, Desert Cove, or Little Creek Cove without the permission of the Captain of the Port. The Captain of the Port shall consult with the Commander, Naval Amphibious Base Little Creek, before granting permission to anchor within this area.
(2)
(3)
(A) Is of sufficient strength for towing the vessel.
(B) Has a connecting device that can receive a shackle pin of at least two inches in diameter.
(C) Is fitted with a recovery pickup line led outboard of the vessel's hull.
(ii) A tow consisting of two or more vessels, each of which is less than 100 gross tons, that has a total gross tonnage that is over 100 gross tons, shall be equipped with a secondary towing rig between each vessel in the tow, in addition to its primary towing rigs, while the tow is operating within this Regulated Navigation Area. The secondary towing rig must:
(A) Be of sufficient strength for towing the vessels.
(B) Have connecting devices that can receive a shackle pin of at least two inches in diameter.
(C) Be fitted with recovery pickup lines led outboard of the vessel's hull.
(4)
(ii) Except when crossing the channel, a vessel in the Thimble Shoal North Auxiliary Channel shall proceed in a westbound direction.
(iii) Except when crossing the channel, a vessel in the Thimble Shoal South Auxiliary Channel shall proceed in an eastbound direction.
(5)
(ii)
(6)
(i) Corrected charts of the Regulated Navigation Area. Instead of corrected paper charts, warships or other vessels owned, leased, or operated by the United States Government and used only in government noncommercial service may carry electronic charting and navigation systems that have met the applicable agency regulations regarding navigation safety.
(ii) An operative radar during periods of reduced visibility;
(iii) When in inland waters, a pilot or other person on board with previous experience navigating vessels on the waters of the Regulated Navigation Area.
(7)
(ii) A vessel over 100 gross tons with an emergency that is located within
(8)
(ii)
(iii)
(9)
(i) Obtain authorization to enter the Regulated Navigation Area from the designated representative of the Captain of the Port prior to entry. All vessels entering or remaining in the Regulated Navigation Area may be subject to a Coast Guard boarding.
(ii) Ensure that no person who is not a permanent member of the vessel's crew, or a member of a Coast Guard boarding team, boards the vessel without a valid purpose and photo identification.
(iii) Report any departure from or movement within the Regulated Navigation Area to the designated representative of the Captain of the Port prior to getting underway.
(iv) The designated representative of the Captain of the Port shall be contacted on VHF-FM channel 12, or by calling (757) 444-5209, (757) 444-5210, or (757) 668-5555.
(v) In addition to the authorities listed in this part, this paragraph is promulgated under the authority under 33 U.S.C. 1226.
(e)
(2) An application for a waiver must state the need for the waiver and describe the proposed vessel operations.
(f)
(2) If needed for the maritime, commercial or security interests of the United States, the Captain of the Port may order a vessel to move from the location in which it is anchored to another location within the Regulated Navigation Area.
(3) The master of a vessel within the Regulated Navigation Area shall comply with any orders or directions issued to the master's vessel by the Captain of the Port.
(a) The waters and waterfront facilities located within the following boundaries constitute a safety zone effective when an LNG (Liquefield Natural Gas) carrier is maneuvering in the vicinity of the Cove Point terminal and when a moored LNG carrier indicates its intention to get underway: A line beginning at a point one-half mile NW of the end of the north pier of the Columbia LNG facility at Cove Point, Maryland, located at 38°24′43″N latitude, 76°23′32″W longitude; thence 056°T to a point 2800 yards offshore at 38°24′59″N latitude, 76°23′01″W longitude; thence 146°T to a point located 2300 yards offshore at 38°23′52″N latitude, 76°22′03″W longitude; thence 236°T to a point one-half mile SE of the end of the
(b) The waters and waterfront facilities located within the following boundary constitute a safety zone when an LNG carrier is moored at the Columbia LNG offshore terminal; an area extending 50 yards shoreward of the offshore terminal and 200 yards offshore of all parts of the offshore terminal and the LNG carrier.
(c) The waters and waterfront facilities located within the following boundary constitute a safety zone when no LNG carrier is moored at the receiving terminal: the area within 50 yards of the Columbia LNG offshore terminal, at Cove Point, Maryland.
(a)
(b)
(c)
(i) Public vessels of the United States.
(ii) Public vessels owned or operated by the Commonwealth of Virginia or its subdivisions for law enforcement or firefighting purposes.
(iii) Vessels owned by, operated by, or under charter to Newport News Shipbuilding and Dry Dock Co.
(iv) Vessels that are performing work at Newport News Shipbuilding and Dry Dock Co., including the vessels of subcontractors and other vendors of Newport News Shipbuilding and Dry Dock Co. or other persons that have a contractual relationship with Newport News Shipbuilding and Dry Dock Co.
(v) Vessels that are being built, rebuilt, repaired, or otherwise worked on at or by Newport News Shipbuilding and Dry Dock Co. or another person authorized to perform work at the shipyard.
(vi) Vessels that are authorized by Newport News Shipbuilding and Dry Dock Company to moor at and use its facilities.
(vii) Commercial shellfish harvesting vessels taking clams from the shellfish beds within the zone, if
(A) The owner of the vessel has previously provided the Captain of the Port, Hampton Roads, Virginia, information about the vessel, including:
(
(
(
(
(
(B) The vessel is operated in compliance with any specific orders issued to the vessel by the Captain of the Port or other regulations controlling the operation of vessels within the security zone that may be in effect.
(d)
(a)
(b)
(2) Persons desiring to transit the area of the security zone may contact the Captain of the Port at telephone number 410-576-2693 or on VHF channel 16 (156.8 MHz) to seek permission to transit the area. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port or his or her designated representative.
(c)
(a)
(b)
(c)
(1) Law enforcement;
(2) Servicing aids to navigation; or
(3) Surveying, maintaining, or improving waters within the Regulated Navigation Area.
(d)
The project depth in many areas of the Regulated Navigation Area is less than 55 feet.
(e)
(f)
(1) Notify the COTP at least 72 hours before the vessel enters or departs the regulated navigation area and at least
(2) Not enter, get or remain underway within the regulated navigation area if visibility is or is expected to be less than two (2) miles. If during the transit visibility becomes less than two (2) miles, the vessel must seek safe anchorage and notify the COTP immediately;
(3) Not anchor in any area within the regulated navigation area unless in times of emergency or with COTP permission;
(4) Not transfer dangerous cargo while the vessel is at anchor or bunkering;
(5) Maintain a manned watch in the steering compartment whenever the vessel is underway within the regulated navigation area unless the vessel has two separate and independent steering control systems with duplicate pilothouse steering gear control systems which meet the requirements of 46 CFR 58.25-70;
(6) When anchored within the regulated navigation area and:
(i) Sustained winds are greater than 25 knots but less than 40 knots, ensure the main engines are ready to provide full power in five minutes or less; and
(ii) Sustained winds are 40 knots or over, ensure that the main engines are on line to immediately provide propulsion;
(7) While moored within the regulated navigation area, ensure that at least two wire cable mooring lines (firewarps) are rigged and ready for use as emergency towing hookups fore and aft on the outboard side of the vessel;
(8) While underway or anchored within the regulated navigation area, ensure that at least two wire cable mooring lines (firewarps) are rigged and ready for use as emergency towing hookups fore and aft on the vessel; and,
(9) Proceed as directed by the COTP.
(g)
(i) Come or remain within 500 yards of the port or starboard side or within 1,000 yards of the bow or stern of an underway vessel that is carrying dangerous cargo; or
(ii) Come or remain within 100 yards of a moored or anchored vessel carrying dangerous cargo.
(2) The master, owner, or operator of any vessel receiving permission under paragraph (g)(1) of this section shall:
(i) Maintain a continuous radio guard on VHF-FM channels 13 and 16;
(ii) Operate at “no wake” speed or the minimum speed needed to maintain steerage; and
(iii) Proceed as directed by the COTP.
(3) No vessel may overtake a vessel carrying dangerous cargoes unless the overtaking can be completed before reaching any bend in the channel. Before any overtaking, the pilots, masters or operators of both the overtaking vessel and the vessel being overtaken must clearly agree on the circumstances of the overtaking, including vessel speeds, time and location of overtaking.
(h)
(1) A vessel carrying dangerous cargo must be escorted by at least one commercial tug; and
(2) Meeting situations shall be avoided on river bends to the maximum extent possible.
(i) The COTP will issue a Broadcast Notice to Mariners to inform the marine community of scheduled vessel movements during which the restrictions imposed by paragraphs (g) and (h) of this section will be in effect.
(a)
(b) Notwithstanding the provisions of 33 CFR 334.440(e)(2)(i), no vessel may enter the safety zone described in paragraph (a) of this section while weapons firing exercises are in progress, except as provided in paragraph (c) of this section or unless permitted by the Captain of the Port (COTP) Wilmington.
(1) Red warning flags or red warning lights will be displayed on towers located at both ends of the safety zone (Bear Creek and Cedar Point) while firing exercises are in progress. The flags or lights will be displayed by 8 a.m. on days where firing exercises are scheduled, and will be removed at the end of the firing exercise.
(2) A Coast Guard or U.S. Navy vessel will patrol each end of the safety zone to ensure the public is aware that firing exercises are in progress and that the firing area is clear of vessel traffic before weapons are fired.
(c)(1) The COTP Wilmington will announce the specific times and locations of firing exercises by Broadcast Notice to Mariners and Local Notice to Mariners. Normally, weapons firing for each firing exercise is limited to a two nautical mile portion of the safety zone. The COTP may issue general permission to transit all or specified parts of the safety zone outside of the actual firing area or if firing is temporarily stopped. This general permission will be announced in a Local Notice to Mariners and Broadcast Notice to Mariners.
(2) Weapons firing will be suspended and vessels permitted to transit the specified two nautical mile firing area for a one-hour period beginning at the start of each odd-numbered hour local time (e.g., 9 a.m.; 1 p.m.). A vessel may not enter the specified firing area unless it will be able to complete its transit of the firing area before firing exercises are scheduled to re-start at the beginning of the next even-numbered hour.
(d) U.S. Navy safety vessels may be contacted on VHF marine band radio channels 13 (156.65 Mhz) and 16 (156.8 Mhz). The Captain of the Port may be contacted at the Marine Safety Office, Wilmington, NC by telephone at 1-(800) 325-4956.
(a)
(1) The waters of the Cape Fear River bounded by a line connecting the following points:
(2) The safety zone boundary can be described as follows: starting at the stern of the Battleship USS NORTH CAROLINA, across the Cape Fear River to the north end of the Coast Guard moorings, down along the east bank of the Cape Fear River to the bow of the tug CAPTAIN JOHN TAXIS Memorial (Chandler's Wharf), back across the Cape Fear River to Eagle Island, and then up along the west bank of the Cape Fear River to the stern of the Battleship USS NORTH CAROLINA.
(b)
(c)
(d)
(1) The operator of any vessel in the immediate vicinity of this safety zone shall:
(i) Stop the vessel immediately upon being directed to do so by any commissioned, warrant, or petty officer on board a vessel displaying a Coast Guard Ensign.
(ii) Proceed as directed by any commissioned, warrant, or petty officer on board a vessel displaying a Coast Guard Ensign.
(2) Any spectator vessel may anchor outside of the regulated area specified in paragraph (a) of the section, but may not block a navigable channel.
(e)
(a)
(b)
(2) The Captain of the Port may authorize and designate any Coast Guard commissioned, warrant, or petty officer to act on his behalf in enforcing this safety zone.
(3) The Marine Safety Office Wilmington will notify the maritime community of periods during which this safety zone will be in effect by providing advance notice of scheduled arrivals and departures of loaded hazardous materials vessels via a marine broadcast Notice to Mariners.
(c)
(a)
(b)
(c)
(d)
(e)
(2)
(3)
(4)
(i) Passing Lane work area is located immediately downstream of the Big Island contract work area. The work area includes: Reaves Point Channel, Lower Midnight Channel, Upper Midnight Channel, Lilliput Channel, and part of Keg Island Channel. Downstream end of Passing Lane work area is the intersection of Horseshoe Shoal Channel and Reaves Point Channel (mile 7.7, at about Cape Fear River Channel Lighted Buoy 27 (LL 30550/39945)). Upstream end of the Passing Lane work area is approximately 2,230 feet upstream of intersection of Upper Lilliput Channel and Keg Island Channel (mile 16.2, approximately 1,320 feet downstream of Cape Fear River Channel Lighted Buoy 46 (LL 30765) and approximately 2,300 feet upstream of Cape
(ii) Anchorage Basin work area is located immediately upstream of the Big Island contract work area. The work area includes: Part of Lower Brunswick Channel, Fourth East Jetty Channel, Between Channel, and Anchorage Basin Channel. Downstream end of Anchorage Basin work area is approximately 2,680 feet upstream of intersection of Upper Big Island Channel and Lower Brunswick Channel (mile 18.7, approximately 1,620 feet upstream of Cape Fear River Channel Lighted Buoy 56 (LL 30830) and approximately 590 feet downstream of the CP&L overhead power line crossing). Upstream end of Anchorage Basin work area is the Cape Fear Memorial Bridge (mile 23.6).
(5)
(f)
(2) Active work areas, control vessels, and blast sites will be identified via Broadcast Notices to Mariners or Local Notices to Mariners. The Local Notice to Mariners is available on-line at
(3) The following requirements apply to all vessels.
(i) All vessels shall inform themselves of the active work areas prior to entering the RNA.
(ii) All vessels shall contact and receive permission from the control vessel for that work area before entering the active work area.
(iii) All vessels transiting an active work area shall do so at no wake speed or the minimum speed necessary to maintain steerage.
(iv) During blasting operations all vessels are prohibited from entering an area of 500 yards surrounding the blast site. Upon notification of a misfire or hangfire, all vessels underway in the RNA shall proceed to clear the active work area in which the misfire or hangfire occurred.
(4) Vessels over 300 gross tons and tugs with tows are required to contact the COTP 12 hours before vessel movement within the RNA.
(5) Vessels meeting the notice of arrival requirements under 33 CFR 160.207 are encouraged to notify the COTP at least 48-hours before the vessel enters the RNA to facilitate scheduling and minimize delays. Updates are encouraged at least 12 hours before arriving at the RNA boundaries. The COTP may delay entry into the RNA to accommodate other commercial traffic.
(6) Vessels of 300 gross tons or greater shall be prohibited from entering the RNA when they are advised that a misfire or hangfire has occurred.
(7) For any vessel with another vessel/barge in tow transiting an active work area, the hawser or wire length of the tow shall not exceed 275 feet, measured from the towing bit on the tug to the point where the hawser or wire connects with the towed vessel or barge.
(8) Vessels of 300 gross tons or greater and tugs with tows, shall, prior to entering the RNA, ensure that they have sufficient propulsion and directional control to safely navigate the RNA under the prevailing conditions.
(9) Vessels of 300 gross tons or greater and tugs with tows are prohibited from meeting or overtaking vessels of 300 gross tons or greater or tugs with tows in active work areas or within one nautical mile of an active work area.
(10) The Captain of the Port, Wilmington may, upon written request, authorize a deviation from any regulation in this section if it is found that the proposed operations can be done safely. An application for deviation must be received not less than 48 hours before intended operation and must state the need and describe the proposal.
(a)
(b)
(c)
(2)(i) Non-public vessels less than 50 meters (165 feet) in length and persons on board those vessels may not get underway from a berth, pier, mooring or anchorage in the security zone, or depart the security zone, with the intent to enter Cuban territorial waters without express written authorization from one of the following officials or their designees: Commander, Seventh Coast Guard District; the Captain of the Port Miami; the Captain of Port Tampa; or the Captain of the Port of Jacksonville. Upon receiving a request for written authorization, the aforementioned officials shall have ten (10) calendar days from the receipt of the application, to decide whether an application for written authorization shall be granted or denied. Upon notification by the aforementioned officials that the application has been denied, the applicant has three (3) business days in which to request a written denial notification. If such a request is made within three (3) business days after the Coast Guard's notice of denial, the aforementioned officials have fifteen (15) calendar days to provide specific, written reasons stating the basis for denial. The aforementioned officials may issue orders to control the movement of vessels to which this section applies.
(ii) Applications for permission to depart the security zone with the intent of entering Cuban territorial waters may be obtained by writing or calling Commander (oi), Seventh Coast Guard District, 909 SE First Avenue, Miami, FL 33131, phone (305) 415-6920. The completed application may be returned via mail, or facsimile to (305) 415-6925. Further, applications may be obtained from the following U.S. Coast Guard units: Marine Safety Office Miami, 100 MacArthur Causeway, Miami, FL 33139, ph. (305) 536-5693; Marine Safety Office Tampa, 155 Columbia Drive, Tampa, FL 33606, ph. (813) 228-2195; Marine Safety Office Jacksonville, 7820 Arlington Expy., Suite 400, Jacksonville, FL 32211, ph. (904) 232-2640; Coast Guard Group Key West, Florida, ph. (305) 292-7500.
(3) Where there is a reasonable, articulable basis to believe a vessel to which this section applies intends to enter Cuban territorial waters, an official referenced in paragraph (c)(2) of this section may require the master, owner, or person in charge of a vessel within the security zone, including all auxiliary vessels, to provide verbal assurance that the vessel will not enter Cuban territorial waters as a condition for a vessel to get underway from a berth, pier, mooring, or anchorage in the security zone, or depart from the security zone. The failure of a vessel master, owner, or person in charge of a vessel within the Security Zone, including all auxiliary vessels, to provide requested verbal assurances shall not be used as the sole basis for seizing the vessel for forfeiture under the Security Zone. In addition, an official referenced in paragraph (c)(2) may require the master, owner, or person in charge of the vessel to identify all persons on
(4) The owner or person in charge of the vessel shall maintain the express written authorization for the vessel on board the vessel.
(d)
(i) Seizure and forfeiture of the vessel;
(ii) A monetary penalty of not more than $10,000; and
(iii) Imprisonment for not more than 10 years.
(2) Violation of 18 U.S.C. 1001 may result in imprisonment for not more than five years or a fine, or both.
(e) This section implements Presidential Proclamation No. 6867. This section is issued under the authority delegated in Department of Transportation Order No. 96-3-7.
By CGD07-98-006, 63 FR 38477, July 17, 1998, § 165.T07-013 was amended by revising the heading and paragraph (a). By CGD07-00-091, 65 FR 65785, Nov. 2, 2000, § 165.T07-013 was further amended by revising paragraphs (c)(2) and (c)(3). This is an emergency temporary rule and will terminate when the National Emergency as declared by the President in Presidential Proclamation No. 6867 terminates.
(a)
(b)
(c)
(1) On a plane;
(2) In the process of coming up on or coming off of plane; or
(3) Creating an excessive wake.
(d)
By CGD07-03-069, 68 FR 25500, May 13, 2003, § 165.T07-069 was added, effective Apr. 28, 2003 to Sept. 1, 2003.
(a)
(2) Another temporary fixed security zone is established for the waters around the Interstate 526 Bridge spans (Don Holt Bridge) in Charleston Harbor and on the Cooper River and will encompass all waters within a line connecting the following points: 32 deg.53.49′ N, 079 deg.58.05′ W; 32 deg.53.42′ N, 079 deg.57.48′ W; 32 deg.53.53′ N, 079 deg.58.05′ W; 32 deg.53.47′ N, 079 deg.57.47′ W.
(b)
(c)
(d)
By 67 FR 76993, Dec. 16, 2002, § 165.T07-146 was added, effective Dec. 17, 2002, until 11:59 p.m., July 15, 2003.
(a) The water, land, and land and water within the following boundaries are a security zone—The perimeter of the Cape Canaveral Barge Canal and the Banana River at 28°24′33″ N., 80°39′48″ W.; then due west along the northern shoreline of the barge canal for 1,300 yards; then due north to 28°28′42″ N., 80°40′30″ W., on Merritt Island. From this position, the line proceeds irregularly to the eastern shoreline of the Indian River to a position 1,300 yards south of the NASA Causeway at 28°30′54″ N., 80°43′42″ W. (the line from the barge canal to the eastern shoreline of the Indian River is marked by a three-strand barbed-wire fence), then north along the shoreline of the Indian River to the NASA Causeway at 28°31′30″ N., 80°43′48″ W. The line continues west on the southern shoreline of the NASA Causeway to NASA Gate 3 (permanent), then north to the northern shoreline of the NASA Causeway and east on the northern shoreline of the causeway back to the shoreline on Merritt Island at position 28°31′36″ N., 80°43′42″ W., then northwest along the shoreline to 28°41′01.2″ N., 80°47′10.2″ W. (Blackpoint); then due north to channel marker #6 on the Intracoastal Waterway (ICW), then northeast along the southern edge of the ICW to the western entrance to the Haulover Canal. From this point, the line continues northeast along the southern edge of the Haulover Canal to the eastern entrance to the canal; then due east to a point in the Atlantic Ocean 3 miles offshore at 28°44′42″ N., 80°37′51″ W.; then south along a line 3 miles from the coast to Wreck Buoy “WR6”, then to Port Canaveral Channel Lighted Buoy 10, then west along the northern edge of the Port Canaveral Channel to the northeast corner of the intersection of the Cape Canaveral Barge Canal and the ICW in the Banana River at 28°24′36″ N., 80°38′42″ W. The line continues north along the east side of the Intracoastal Waterway to daymarker ‘35’ thence North Westerly one quarter of a mile south of NASA Causeway East (Orsino Causeway) to the shoreline on Merritt Island at position 28°30.95′N., 80°37.6′W., then south along the shoreline to the starting point.
(b) The area described in paragraph (a) of this section is closed to all vessels and persons, except those vessels and persons authorized by the Commander, Seventh Coast Guard District, or the COTP Jacksonville, Florida, whenever space vehicles are to be launched by the United States Government from Cape Canaveral.
(c) COTP Jacksonville, Florida, closes the security zone, or specific portions of it, by means of locally promulgated notices. The closing of the area is signified by the display of a red ball from a 90-foot pole near the shoreline at approximately 28°35′00″ N., 80°34′36″ W., and from a 90-foot pole near the shoreline at approximately 28°25′18″ N., 80°35′00″ W. Appropriate Local Notices to Mariners will also be broadcast on 2670 KHZ.
(a) A floating safety zone is established consisting of an area 1000 yards fore and aft of a loaded anhydrous ammonia vessel and the width of the channel in the following areas:
(1) For inbound tank vessels loaded with anhydrous ammonia, Tampa Bay Cut “F” Channel from Lighted Buoys “3F” and “4F” north through and including Gadsden Point Cut Lighted Buoy “3” and commencing at Gadsden Point Cut Lighted Buoys “7” and “8” north and including Hillsborough Cut “C” Channel.
(i) For vessels bound for R. E. Knight Pier at Hookers Point the safety zone
(ii) For vessels bound for the anhydrous ammonia receiving terminals to Port Sutton the safety zone includes, in addition to the area in paragraph (a)(1) of this section, Port Sutton Channel.
(2) For outbound tank vessels loaded with anhydrous ammonia the safety zone is established when the vessel departs the receiving terminal and continues through the area described in paragraph (a)(1) of this section.
(3) The floating safety zone is disestablished when the anhydrous ammonia carrier is safely moored at the anhydrous ammonia receiving facility.
(b) All vessels over 5000 gross tons intending to pass anhydrous ammonia vessels moored in Port Sutton, and all vessels intending to moor in the R. E. Knight facilities at Hookers Point while an anhydrous ammonia vessel is moored in this facility, must give 30 minutes notice to the anhydrous ammonia vessel so it may take appropriate safety precautions.
(c) The general regulations governing safety zones contained in § 165.23 apply.
(d) The Marine Safety Office Tampa will notify the maritime community of periods during which these safety zones will be in effect by providing advance notice of scheduled arrivals and departures of loaded anhydrous ammonia vessels via a marine broadcast Notice to Mariners.
(e) Should the actual time of entry of the anhydrous ammonia vessel into the safety zone vary more than one half hour from the scheduled time stated in the broadcast Notice to Mariners, the person directing the movement of the anhydrous ammonia vessel shall obtain permission from Captain of the Port Tampa before commencing the transit.
(f) Prior to commencing the movement, the person directing the movement of the anhydrous ammonia vessel shall make a security broadcast to advise mariners of the intended transit. All additional security broadcasts as recommended by the U.S. Coast Pilot 5, ATLANTIC COAST shall be made through the transit.
(g) Vessels carrying anhydrous ammonia are permitted to enter and transit Tampa and Hillsborough Bay and approaches only with a minimum of three miles visibility.
(h) The Captain of the Port Tampa may waive any of the requirements of this subpart for any vessel upon finding that the vessel or class of vessel, operational conditions, or other circumstances are such that application of this subpart is unnecessary or impractical for purposes of port safety or environmental safety.
(i) The owner, master, agent or person in charge of a vessel or barge, loaded with anhydrous ammonia shall report the following information to the Captain of the Port, Tampa at least twenty-four hours before entering Tampa Bay or its approaches or departing from Tampa Bay:
(1) Name and country of registry of the vessel or barge;
(2) The name of the port or place of departure;
(3) The name of the port or place of destination:
(4) The estimated time that the vessel is expected to begin its transit of Tampa Bay and the time it is expected to commence its transit of the safety zone.
(5) The cargo carried and amount.
(a) A floating safety zone is established consisting of an area 1000 yards fore and aft of a loaded Liquefied Petroleum Gas (LPG) vessel and the width of the channel in the following areas. Any vessels desiring to enter the safety zone must obtain authorization from the Captain of the Port Tampa.
(1) For vessels loaded with LPG and bound for the LPG receiving terminal in Port Sutton the safety zone starts at Tampa Bay Cut “F” Channel from Lighted Buoys “3F” and “4F” and proceeds north ending at Gadsden Point Cut Lighted Buoys “3” and “4”. The safety zone starts again at Gadsden Point Cut Lighted Buoys “7” and “8” and proceeds north through
(2) For vessels loaded with LPG and bound for the LPG receiving terminal in Rattlesnake the safety zone starts at Tampa Bay Cut “J” Channel from lighted buoy “10J” and proceeds north through Tampa Bay Cut “K” Channel to buoy “11K.” When a loaded LPG vessel departs the marked channel at Tampa Bay Cut “K” buoy “11K” enroute to Rattlesnake, Tampa, FL, the floating safety zone extends 500 yards in all directions surrounding the loaded LPG vessel, until it arrives at the entrance to Rattlesnake. While the loaded LPG vessel is maneuvering in the Rattlesnake slip and until it is safely moored at the LPG facility, the floating safety zone extends 150 feet fore and aft of the loaded LPG vessel and the width of the slip. Moored vessels are allowed within the parameters of the 150-foot safety zone.
(b) The floating safety zone is disestablished when the LPG carrier is safely moored at the LPG receiving facility.
(c) For outbound tank vessels loaded with LPG, the safety zone is established when the vessel departs the terminal and continues through the area described in paragraph (a) of this section.
(d) All vessels over 5000 gross tons intending to pass LPG vessels moored in Port Sutton, and all vessels intending to pass LPG vessels moored in Rattlesnake, must give 30 minutes notice to the LPG vessel so it may take appropriate safety precautions.
(e) The general regulations governing safety zones contained in § 165.23 apply.
(f) The Coast Guard Captain of the Port Tampa will notify the maritime community of periods during which these safety zones will be in effect by providing advance notice of scheduled arrivals and departures of loaded LPG vessels via a marine broadcast Notice to Mariners.
(g) Should the actual time of entry of the LPG vessel into the safety zone vary more than one half (
(h) Prior to commencing the movement, the person directing the movement of the LPG vessel shall make a security broadcast to advise mariners of the intended transit. All additional security broadcasts as recommended by the U.S. Coast Pilot 5, ATLANTIC COAST, shall be made throughout the transit.
(i) Vessels carrying LPG are permitted to enter and transit Tampa Bay and Hillsborough Bay and approaches only with a minimum of three miles visibility.
(j) The Captain of the Port Tampa may waive any of the requirements of this subpart for any vessel upon finding that the vessel or class of vessel, operational conditions, or other circumstances are such that application of this subpart is unnecessary or impractical for purposes of port safety or environmental safety.
(k) The owner, master, agent or person in charge of a vessel or barge, loaded with LPG shall report, at a minimum, the following information to the Captain of the Port Tampa at least twenty-four (24) hours before entering Tampa Bay, its approaches, or departing Tampa Bay:
(1) The name and country of registry of the vessel or barge;
(2) The name of the port or place of departure;
(3) The name of the port or place of destination;
(4) The estimated time that the vessel is expected to begin its transit of Tampa Bay and the time it is expected to commence its transit of the safety zone(s); and
(5) The cargo carried and amount.
(a)
(b)
(c)
(1) All persons and vessels in the vicinity of the safety zone shall immediately obey any direction or order of the Captain of the Port or a representative of the Captain of the Port.
(2) The “representative of the Captain of the Port” is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port, Savannah, GA to act on his behalf. A representative of the Captain of the Port may be contacted on board any Coast Guard vessel assigned to enforce the safety zone.
(3) Before entering the safety zone, a vessel operator shall contact the Captain of the Port or a representative of the Captain of the Port to determine what restrictions, if any, have been imposed on vessels in the safety zone. The Captain of the Port may be contacted by telephone via the Command Duty Officer at (912) 944-4371. Coast Guard vessels assisting in the enforcement of the safety zone may be contacted on VHF-FM channels 13 or 16, or vessel operators may determine restrictions in effect for the safety zone by coming alongside a Coast Guard vessel patrolling the perimeter of the safety zone.
(4) The Captain of the Port will issue a Marine Safety Information Broadcast Notice to Mariners to Notify the maritime community of the safety zone and restrictions imposed.
At 55 FR 52272, Dec. 21, 1990, § 165.T0704 was added. This is an emergency temporary rule and will remain in effect until terminated by the Captain of the Port Savannah, GA.
(a) Security Zone A—East (Trident) Basin, Port Canaveral Harbor, at Cape Canaveral Air Force Station, Brevard County, Florida. All waters of the East Basin north of latitude 28°24′36″N.
(b) Security Zone B—Middle Basin, Port Canaveral Harbor, adjacent to the Navy wharf at Cape Canaveral Air Force Station, Brevard County, Florida. The waters of Port Canaveral Harbor within a line circumscribing the water approaches to the Navy wharf along the northeasterly edge of the Port Canaveral Harbor turning basin at a distance of 200 feet from all portions of the wharf including the dolphins located 200 feet off the northwest end and 75 feet off the southeast end of the wharf.
(c) Entrance into these zones by vessels other than vessels owned or leased by the United States is prohibited without permission of the Captain of the Port, Jacksonville, Florida.
(d) The general regulations governing security zones contained in 33 CFR 165.33 apply.
(a)
(1) All waters 200 yards ahead and astern and 100 yards to each side of a vessel transporting nuclear materials while the vessel transits from Charleston Harbor Entrance Buoy “C” (LLNR 1885, position 32-39.6N, 079-40.9W) to the Charleston Naval Weapons Station (position 32-55.4N, 079-56.0W) on the Cooper River. All coordinates referenced use datum: NAD 1983.
(2) All waters within 100 yards of the vessel described in paragraph (a)(1) of this section while the vessel is conducting cargo operations at the Charleston Naval Weapons Station.
(b) Captain of the Port Charleston will announce the activation of the safety/security zones described in paragraph (a) of this section by Broadcast Notice to Mariners. The general regulations governing safety and security zones contained in §§ 165.23 and 165.33 apply.
(a)
(1) The waters around naval aircraft carriers entering Port Everglades in an area 700 yards forward, 500 yards astern and 350 yards on either side of each vessel, beginning at the Port Everglades Sea Buoy in approximate position 26°05.5′N, 80°04.8′W and continuing until the vessel is safely moored in approximate position 26°04.9′N, 80°06.9′W. All coordinates referenced use datum: NAD 83.
(2) The waters around naval aircraft carriers departing Port Everglades in an area 700 yards forward, 500 yards astern and 350 yards on either side of each vessel beginning at the Pier in approximate position 26°04.9′N, 80°06.9′W, and continuing until the stern passes the Port Everglades Sea Buoy, in approximate position 26°05.5′N, 80°04.8′W. All coordinates referenced use datum: NAD 83.
(b)
(2) Vessels encountering emergencies which require transit through the moving safety zone should contact the Coast Guard patrol craft on VHF Channel 16. In the event of an emergency, the Coast Guard patrol craft may authorize a vessel to transit through the safety zone with a Coast Guard designated escort.
(3) All persons and vessels shall comply with the instructions of on-scene patrol personnel. On-scene patrol personnel include commissioned, warrant, or petty officers of the U.S. Coast Guard. Coast Guard Auxiliary and local or state officials may be present to inform vessel operators of this regulation and other applicable laws.
(a)
(NAD 83)
(b)
(a)
(1) All waters within 200 yards of Blount Island, Jacksonville, Florida and all adjacent land within 100 yards of the island shoreline during staging of Department of Defense equipment and during the loading/unloading of military supply vessels.
(2) All waters within 200 yards of “any” waterfront facility at which a laden military vessel is located and all land at the facility, including docks and piers, within 100 yards of the St. Johns River.
(3) All waters within 200 yards of any specified military supply vessel during its transit of the St. Johns River and out to three (3) nautical miles offshore.
(b)
(2) The COTP Jacksonville may activate, as necessary, any portion of the safety/security zone described in paragraphs (a)(2) and (a)(3) of this section by means of locally promulgated broadcast notice to mariners. Once implemented, neither overtaking nor
(3) In accordance with the general regulations governing safety and security zones contained in 33 CFR 165.23 and 165.33 of this part, entry into any portion of the described zone is prohibited unless authorized by the Captain of the Port Jacksonville, Florida.
(4) This regulation does not apply to authorized law enforcement agencies operating within the safety/security zone.
(a)
(b)
(c)
(2) This regulation does not apply to authorized law enforcement agencies operating within the Safety Zone.
(a) Location. The water located within the following area is established as a security zone: beginning at the shoreline of the St. Johns River at the northernmost property line of Naval Air Station Jacksonville next to Timuquana Country Club, at 30°14′39.5″ N, 81°40′45″ W; thence northeasterly to 30°14′42″ N, 81°40′42″ W; thence south remaining 400 feet from the shoreline at mean high water; thence past Piney Point and Black Point to the northern edge of Mulberry Cover Manatee refuge, 400 feet from Naval Air Station Jacksonville boat ramp, at 30°13′00″ N, 81°40′23.5″ W; thence southwesterly in a straight line to position 30°12′14″ N, 81°40′42″ W; thence southerly, remaining 400′ seaward of the mean high water shoreline to 30°11′40″ N, 81°41′15.5″ W; thence northwest to the point at the end of the property line of Naval Air Station Jacksonville just north of the Buckman Bridge at position 30°11′42.30″ N, 81°41′23.66″ W; thence northeasterly along the mean high water shoreline of the St. Johns River and Mulberry Cove to the point of beginning. Datum: NAD 83
(b) In accordance with the general regulations in § 165.33 of this part, no person or vessel may enter or remain in the zone without the permission of the Captain of the Port Jacksonville, Florida. All other portions of § 165.33 remain applicable.
(c) This regulation does not apply to Coast Guard vessels and authorized law enforcement vessels operating within the Security Zone.
(a)
(1) All the waters of the Miami River, Miami, Florida, from the Brickell Avenue Bridge, in approximate position 25°46′19″ N, 80°11′4″ W, inland to the South Florida Water Management District's salinity dam in approximate position 25°48′4″ N, 80°15′6″ W.
(2) The Tamiami Canal from its intersection with the Miami river in approximate position 25°47′7″ N, 80°14′7″ W to the N.W. 37th Avenue bridge in approximate position 25°48′5″ N, 80°15′5″ W. All coordinates referenced use datum: NAD 83.
(b)
(1) All rafted vessels (inboard and outboard) must be properly moored in accordance with applicable municipal laws and regulations.
(2) At no time shall any vessels be rafted more than two abreast.
(3) Neither single nor rafted vessels shall extend greater than 54 feet into the main river (measured from the dock) without permission of the Captain of the Port.
(4) A minimum channel width of 65 feet shall be maintained at all times on the Miami River from the Brickell Avenue Bridge west to the Tamiami Canal. A minimum channel width of 45 feet shall be maintained at all times on the Miami River west of the junction of the Miami River and the Tamiami Canal to the South Florida Water Management District's salinity dam, as well as on the Tamiami Canal from its mouth to the N.W. 37th Avenue Bridge.
(5) All moored and rafted vessels shall provide safe access from the shore.
(6) All moored and rafted vessels shall provide clear and ready access for land-based firefighters to safely and quickly reach outboard rafted vessels.
(7) No vessels shall moor or raft in any manner as to impede safe passage of another vessel to any of the tributaries of the Miami River.
(8) Nothing in these regulations shall prohibit the U.S. Army Corps of Engineers from requiring the relocation or movement of vessels in a declared flood emergency.
(c)
(a) The water, land, and land and water within the following boundaries are established as safety zones during the specified conditions:
(1)
(2)
(3) Zone C: 100 yards in all directions on land from Gate berth #1 and all waters within the Back River (locally known as the Gate Slip) on Blount Island, Jacksonville, Florida, commencing from a line drawn between the southwesterly most shore point latitude 30°23′34″, longitude 81°30′52″ and the southeasterly most shore point latitude 30°23′38″, longitude 81°30′36″.
(b) The areas described in paragraph (a) of this section may be closed to all vessels and persons, except those vessels and persons authorized by the Commander, Seventh Coast Guard District or the Captain of the Port, Jacksonville, Florida, whenever specified Maritime Prepositioned Ships are transiting the St. Johns River (Zone A), moored at Blount Island (Zone B), or moored at Gate Terminal (Zone C).
(c) The general regulations governing safety zones contained in 33 CFR 165.23 apply.
(d) The Captain of the Port Jacksonville, Florida will activate the safety zones or specific portions of them by issuing a local broadcast notice to mariners. The closing of the area at Blount Island, described above, will be signified by the display of a rotating yellow light located on the waterfront at Blount Island Marine Terminal or at the Gate Terminal Berth #1.
(a) The water, land, and land and water within the following boundaries are established as security zones during the specified conditions:
(1)
(2)
(3) Zone C: 100 yards in all directions on land from Gate berth #1 and all waters within the Back River (locally known as the Gate Slip) on Blount Island, Jacksonville, Florida, commencing from a line drawn between the southwesterly most shore point latitude 30°23′34″, longitude 81°30′52″ and the southeasterly most shore point latitude 30°23′38″, longitude 81°30′36″.
(b) The areas described in paragraph (a) of this section shall be closed to all vessels and persons, except those vessels and persons authorized by the Commander, Seventh Coast Guard District or the Captain of the Port, Jacksonville, Florida, whenever specified Maritime Prepositioned Ships are transiting the St. Johns River (Zone A), moored at Blount Island (Zone B), or moored at Gate Terminal (Zone C).
(c) The general regulations governing security zones contained in 33 CFR 165.33 apply.
(d) The Captain of the Port Jacksonville, Florida will activate the security zones or specific portions of them by issuing a local broadcast notice to mariners. The closing of the area at Blount Island, described above, will be signified by the display of a rotating yellow light located on the waterfront at Blount Island Marine Terminal or at the Gate Terminal Berth #1.
Vessels transiting in the water bounded by the line connecting the following points must travel no faster than needed for steerageway:
(a)
(b) A temporary safety/security zone, when activated by the Captain of the Port, Jacksonville, Florida, encompasses all waters and land from bank to bank within Cumberland Sound and the St. Marys Entrance Channel: the northern extent of this zone starts at the southern tip of Crab Island; lighted buoy number ″1″ at the mouth of the Amelia River demarks the southern boundary; day marker number ″2″ at the mouth of the St. Marys River indicates the western boundary; and the eastern boundary extends out to three (3) nautical miles in the Atlantic Ocean, with the zone also encompassing the waters within 1000 yards of the entrance channel east of the jetties.
(c)
(2) All persons and vessels in the vicinity of the safety/security zone shall immediately obey any direction or order of the Captain of the Port, Jacksonville, Florida.
(3) The general regulations governing safety and security zones contained in 33 CFR 165.23 and .33 apply. No person
(4) This regulation does not apply to persons or vessels operating under the authority of the United States Navy nor to authorized law enforcement agencies.
Except during the flood tide, every vessel over 500 GRT departing the Port of Brunswick for sea shall do so only from the Turtle River, so as to be shaped up for bridge transit:
(a) Before reaching Turtle River Buoy “1” (Light List Number 6050); or,
(b) Before reaching the intersection of Brunswick Harbor Range and Turtle River Lower Range, provided that the vessel:
(1) Be equipped with an operable bow thruster or have tug assistance; and
(2) Be stopped and maneuvered with no appreciable way on until aligned with the centerline axis of the Turtle River Channel.
(a) A regulated navigation area is established to protect vessels from limited water depth in Sparkman Channel caused by an underwater pipeline. The regulated navigation area is in Sparkman Channel between the lines connecting the following points (referenced in NAD 83):
(b) Ships requiring Federal or State pilotage shall not meet or overtake other like vessels in Sparkman Channel.
(c) Vessels having a draft of more than 35.5 feet may not transit Sparkman Channel.
(d) Vessels having a draft of 34.5 feet, but not over 35.5 feet, may transit Sparkman Channel only when the tide is at least one foot above mean low water.
(e) Vessels with a draft of 30 feet or greater shall transit as near as possible to the center of the channel.
(a) The following is a regulated navigation area (RNA): All the navigable waters of Tampa Bay, Hillsborough Bay and Old Tampa Bay, including all navigable waterways tributary thereto. Also included are the waters of Egmont Channel, Gulf of Mexico from Tampa Bay to the seabuoy, Tampa Lighted Whistle Buoy T, LLNR 18465.
(b) The master, pilot, or person in charge of any vessel of 50 meters or greater shall give a Navigational Advisory Broadcast in accordance with 47 CFR 80.331 on VHF-FM channel 13 at the following broadcast/reporting points:
(1) Prior to getting underway from any berth or anchorage;
(2) Prior to entering Egmont Channel from seaward;
(3) Prior to passing Egmont Key in any direction;
(4) Prior to transiting the Skyway Bridge in either direction;
(5) Prior to transiting the intersection of Tampa Bay Cut F Channel, Tampa Bay Cut G Channel, and Gadsden Point Cut Channel;
(6) Prior to anchoring or approaching a berth for docking;
(7) Prior to tending hawser;
(8) Prior to transiting Point Pinellas Channel Light 1 in either direction.
(c) Each Navigational Advisory required by this section shall be made in
(1) The words “Hello all vessels, a Navigational Advisory follows”;
(2) Name of vessel;
(3) If engaged in towing, the nature of the tow;
(4) Direction of Movement;
(5) Present location; and,
(6) The nature of any hazardous conditions as defined by 33 CFR 160.203.
(d) Nothing in this section shall supersede either the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS) or the Inland Navigation Rules, as applicable, or relieve the Master or person in charge of the vessel of responsibility for the safe navigation of the vessel.
(a)
(1) The waters around Liquefied Petroleum Gas ships entering San Juan Harbor in an area one half mile around each vessel, beginning one mile north of the San Juan Harbor #1 Sea Buoy, in approximate position 18-29.3N, 66-07.6W and continuing until the vessel is safely moored at either the Gulf Refinery Oil dock or the Catano Oil dock in approximate position 18-25.8N, 66-06.5W. All coordinates referenced use datum: NAD 83.
(2) The waters around Liquefied Petroleum Gas ships departing San Juan Harbor in an area one half mile around each vessel beginning at either the Gulf Refinery Oil dock or Catano Oil dock in approximate position 18-25.8N, 66-06.5W when the vessel gets underway, and continuing until the stern passes the San Juan Harbor #1 Sea Buoy, in approximate position 18-28.3N, 66-07.6W. All coordinates referenced use datum: NAD 83.
(b)
(2) Vessels encountering emergencies which require transit through the moving safety zone should contact the Coast Guard patrol craft on VHF Channel 16. In the event of an emergency, the Coast Guard patrol craft may authorize a vessel to transit through the safety zone with a Coast Guard designated escort.
(3) The Captain of the Port and the Duty Officer at Marine Safety Office, San Juan, Puerto Rico, can be contacted at telephone number 787-706-2444 or 787-289-2048. The Coast Guard Patrol Commander enforcing the safety zone can be contacted on VHF-FM channels 16 and 22A.
(4) The Marine Safety Office San Juan will notify the marine community of periods during which these safety zones will be in effect by providing advance notice of scheduled arrivals and departures of Liquefied Petroleum Gas vessels via a marine broadcast Notice to Mariners.
(5) Should the actual time of entry of the Liquefied Petroleum Gas vessel vary more than one half hour from the scheduled time stated in the broadcast Notice to Mariners, the person directing the movement of the Liquefied Petroleum Gas vessel shall obtain permission from Captain of the Port San Juan before commencing the transit.
(6) All persons and vessels shall comply with the instructions of on-scene patrol personnel. On-scene patrol personnel include commissioned, warrant, or petty officers of the U.S. Coast Guard. Coast Guard Auxiliary and local or state officials may be present to inform vessel operators of the requirements of this section, and other applicable laws.
(a) The following area is established as a safety zone during the specified conditions:
(1) A 100 yard radius surrounding a vessel carrying Liquefied Natural Gas (LNG) while transiting north of Latitude 17°56.0′N in the waters of the Caribbean Sea, on approach to or departure from the Eco-Electrica waterfront facility in Guayanilla Bay, Puerto Rico. The safety zone remains in effect until the LNG vessel is docked at the
(2) The waters within 150 feet of a LNG vessel when the vessel is alongside the Eco-Electrica waterfront facility in Guayanilla Bay, at position 17°58.55′N, 066°45.3′W. This safety zone remains in effect while the LNG vessel is docked with product aboard or is transferring liquefied natural gas.
(b) In accordance with the general regulations in 165.23 of this part, anchoring, mooring or transiting in these zones is prohibited unless authorized by the Coast Guard Captain of the Port.
(c) The Coast Guard Marine Safety Office San Juan will notify the maritime community of periods during which the safety zones will be in effect by providing advance notice of scheduled arrivals and departures of LNG vessels via a marine broadcast Notice to Mariners.
(a)
(b)
(c)
(1) Law enforcement or search and rescue operations;
(2) Servicing aids to navigation;
(3) Surveying, maintenance, or improvement of waters in the RNA; or
(4) Actively engaged in escort, maneuvering or support duties for the LNG tankship.
(d)
(1)
(i) Except for a vessel that is moored at a marina, wharf, or pier, and remains moored, no vessel 1600 gross tons or greater is permitted within the RNA without the permission of the Captain of the Port (COTP).
(ii) All vessels under 1600 gross tons shall keep clear of transiting LNG tankships.
(iii) The owner, master, or operator of a vessel carrying liquefied natural gas (LNG) shall:
(A) Comply with the notice requirements of 33 CFR 160. Updates are encouraged at least 12 hours before arrival at the RNA boundaries. The COTP may delay the vessel's entry into the RNA to accommodate other commercial traffic. LNG tankships are further encouraged to include in their notice a report of the vessel's propulsion and machinery status and any outstanding recommendations or deficiencies identified by the vessel's classification society and, for foreign flag vessels, any outstanding deficiencies identified by the vessel's flag state.
(B) Obtain permission from the COTP before commencing the transit into the RNA.
(C) While transiting, make security broadcasts every 15 minutes as recommended by the U.S. Coast Pilot 4 Atlantic Coast. The person directing the vessel must also notify the COTP telephonically or by radio on channel 13 or 16 when the vessel is at the following locations: Sea Buoy, Savannah Jetties, and Fields Cut.
(D) Not enter or get underway within the RNA if visibility during the transit is not sufficient to safely navigate the channel, and/or wind speed is, or is expected to be, greater than 25 knots.
(E) While transiting the RNA, the LNG tankship shall have sufficient towing vessel escorts.
(2)
(i) The operator of a facility where a LNG tankship is moored shall station and provide a minimum of two escort towing vessels each with a minimum of 100,000 pounds of bollard pull, 4,000 horsepower and capable of safely operating in the indirect mode, to escort transiting vessels 1600 gross tons or greater past the moored LNG tankship.
(ii) In addition to the two towing vessels required by paragraph (d)(2)(i) of this section, the operator of the facility where the LNG tankship is moored shall provide at least one standby towing vessel of sufficient capacity to take appropriate actions in an emergency as directed by the LNG vessel bridge watch.
(3)
(i) While moored within the RNA, LNG tankships shall maintain a bridge watch of appropriate personnel to monitor vessels passing under escort and to coordinate the actions of the standby-towing vessel required in paragraph (d)(2)(ii) of this section in the event of emergency.
(ii) Transiting vessels 1600 gross tons or greater, when passing a moored LNG tankship, shall have a minimum of two towing vessels, each with a minimum capacity of 100,000 pounds of bollard pull, 4,000 horsepower, and the ability to operate safely in the indirect mode, made-up in such a way as to be immediately available to arrest and control the motion of an escorted vessel in the event of steering, propulsion or other casualty. While it is anticipated that vessels will utilize the facility provided towing vessel services required in paragraph (d)(2)(i) of this section, this regulation does not preclude escorted vessel operators from providing their own towing vessel escorts, provided they meet the requirements of this part.
(A) Outbound vessels shall be made-up and escorted from Bight Channel Light 46 until the vessel is safely past the LNG dock.
(B) Inbound vessels shall be made-up and escorted from Elba Island Light 37 until the vessel is safely past the LNG dock.
(iii) All vessels of less than 1600 gross tons shall not approach within 70 yards of an LNG tankship.
(e)
(f)
(2) An application for a waiver of these requirements must state the compelling need for the waiver and describe the proposed operation and methods by which adequate levels of safety are to be obtained.
(g)
(a)
(1)
(2)
(3)
(4)
(b)
(a)
(b)
(2) Persons desiring to transit the area of the security zone may contact the Captain of the Port at the Greater Antilles Section Operations Center at (787) 289-2041 or via VHF radio on Channel 16 to seek permission to transit the area. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port or his designated representative.
(3) The Marine Safety Office San Juan will attempt to notify the maritime community of periods during which these security zones will be in effect by providing advance notice of scheduled arrivals and departures of cruise ships via a broadcast notice to mariners.
(c)
(d)
(a)
(b)
(c)
(d)
(a)
(1)
(2)
(i) Vessels may be allowed to transit the Main Channel when only one passenger vessel or vessel carrying cargoes of particular hazard are berthed, by
(ii) When passenger vessels are not berthed on the Main Channel, navigation will be unrestricted. Law enforcement vessels can be contacted on VHF Marine Band Radio, Channel 16 (156.8 MHz).
(3)
(i) Vessels may be allowed to transit the Intracoastal Waterway when passenger vessels or vessels carrying cargoes of particular hazard are berthed, by staying east of the law enforcement vessels and cruise ship tenders, which will mark a transit lane in the Intracoastal Waterway.
(ii) Periodically, vessels may be required to temporarily hold their positions while large commercial traffic operates in this area. Vessels in this security zone must follow the orders of the COTP or his designated representative, who may be embarked in law enforcement or other vessels on scene. When passenger vessels are not berthed on the Intracoastal Waterway, navigation will be unrestricted. Law enforcement vessels can be contacted on VHF Marine Band Radio, Channel 16 (156.8 MHz).
(b)
(2) In accordance with the general regulations § 165.33 of this part, entry into these zones is prohibited except as authorized by the Captain of the Port Miami or his designated representative. Other vessels such as pilot boats, cruise ship tenders, tug boats and contracted security vessels may assist the Coast Guard Captain of the Port under the direction of his designated representative by monitoring these zones strictly to advise mariners of the restrictions. The Captain of the Port will notify the public via Marine Safety Radio Broadcast on VHF Marine Band Radio, Channel 16 (156.8 MHz) when the security zones are being enforced.
(3) Persons desiring to enter or transit the area of the security zone may contact the Captain of the Port at (305) 535-8701 or on VHF Marine Band Radio, Channel 16 (156.8 MHz) to seek permission to transit the area. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port or his or her designated representative.
(4) The Captain of the Port Miami may waive any of the requirements of this subpart for any vessel upon finding that the vessel or class of vessel, operational conditions, or other circumstances are such that application of this subpart is unnecessary or impractical for the purpose of port security, safety or environmental safety.
(c)
(d)
(a)
(b)
(2) Persons desiring to transit the area of the security zone may contact the Captain of the Port at the Greater Antilles Section Operations Center at (787) 289-2041 or via VHF radio on Channel 16 to seek permission to transit the area. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port or his designated representative.
(3) The Marine Safety Office San Juan will attempt to notify the maritime community of periods during which these security zones will be in effect by providing advance notice of scheduled arrivals and departures of cruise ships via a broadcast notice to mariners.
(c)
(d)
By COTP San Juan 03-024, 68 FR 33391, June 4, 2003, § 165.762 was added, effective July 7, 2003.
(a)
(b)
(c)
(1) Division 1.1 or 1.2 explosives as defined in 49 CFR 173.50, and that is in a quantity in excess of 100 metric tons per barge.
(2) Division 1.5D blasting agents for which a permit is required under 49 CFR 176.415 or, for which a permit is required as a condition of a Research and Special Programs Administration (RSPA) exemption, and that is in a quantity in excess of 100 metric tons per barge.
(3) Division 2.3 “poisonous gas”, as listed in 49 CFR 172.101 that is also a “material poisonous by inhalation” as defined in 49 CFR 171.8, and that is in a quantity in excess of 1 metric ton per barge.
(4) Division 5.1 “Ammonium Nitrate and Certain Ammonium Nitrate Fertilizers” for which a permit is required under 49 CFR 176.415, or for which a permit is required as a condition of a RSPA exemption, and that is in a
(5) A liquid material that has a primary or subsidiary classification of Division 6.1 “poisonous material” as listed in 49 CFR 172.101 that is also a “material poisonous by inhalation”, as defined in 49 CFR 171.8 and that is in a bulk packaging, or that is in a quantity in excess of 20 metric tons per barge when not in a bulk packaging.
(6) Class 7, “highway route controlled quantity” radioactive material or “fissile material, controlled shipment”, as defined in 49 CFR 173.403.
(7) Bulk liquefied chlorine gas and Bulk liquefied gas cargo that is flammable and/or toxic and carried under 46 CFR 154.7.
(8) The following bulk liquids:
(i) Acetone cyanohydrin,
(ii) Allyl alcohol,
(iii) Chlorosulfonic acid,
(iv) Crotonaldehyde,
(v) Ethylene chlorohydrin,
(vi) Ethylene dibromide,
(vii) Methacrylonitrile,
(viii) Oleum (fuming sulfuric acid), and
(ix) Propylene Oxide.
(d)
(e)
(i) 4 hours prior to loading a barge(s) with CDCs:
(ii) 4 hours prior to dropping off a CDC barge(s) at a fleeting area;
(iii) 4 hours prior to picking up a CDC barge(s) from a fleeting area;
(iv) 4 hours prior to getting underway with a CDC barge(s) within the RNA;
(v) upon point of entry into the RNA with a CDC barge(s);
(vi) at designated reporting points, set forth in Table 165.T08-019(f), in paragraph (f) of this section;
(vii) when the estimated time of arrival (ETA) to a reporting point varies by 6 hours from the previously reported ETA;
(viii) any significant deviation from previously reported information;
(ix) upon arrival at a “final” destination with a CDC barge(s), if arrival is within the RNA;
(x) upon departing the RNA with a CDC barge(s); and
(xi) when directed by the IRVMC.
(2) Each report to the IRVMC must contain all the information items specified in Table 165.T08-019(g), in paragraph (g) of this section.
(3) Reports required by this section must be made to the IRVMC either by telephone toll free to (866) 442-6089, by fax toll free to (866) 442-6107, or by e-mail to
(4) The general regulations contained in 33 CFR 165.13 apply to this section.
(f)
(h) Deviation from the requirements of this section is prohibited unless specifically authorized by the Commander, Eighth Coast Guard District or designated representatives. Designated representatives include Captains of the Port within the Eighth Coast Guard District.
By CGD08-03-014, 68 FR 23396, May 2, 2003, § 165.08T-019 was added, effective Apr. 16, 2003 to Oct. 31, 2003.
(a)
(b)
(c)
(2) Persons or vessels desiring to transit the area of the security zone may contact the Captain of the Port Mobile at telephone number (251) 441-5121 or on VHF channel 16 to seek permission to transit the area. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port Mobile or his designated representative.
By COTP Mobile-03-009, 68 FR 23595, May 5, 2003, § 165.T08-020 was added, effective Mar. 22, 2003 to Sept. 22, 2003.
(a) The area enclosed by the following boundary is a safety zone—from the Black Hawk Point Light, mile 316.1 AHP LMR to a point opposite Ft. Adams Light, mile 311.5 AHP along the low water reference plane above the right descending bank; thence to the levee on a line perpendicular to the channel centerline; thence along the levee to the upstream end of the Old River Overbank structure; thence along a line to the Black Hawk Point Light.
(b) Any vessel desiring to enter this safety zone must first obtain permission from the Captain of the Port, New Orleans. The resident engineer at Old River Control Structure (WUG-424) is delegated the authority to permit entry into this safety zone.
The following is a Regulated Navigation Area—The waters of the Mississippi River between miles 88 and 240 above Head of Passes.
(a) Definitions. As used in this section:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(b) Waivers:
(1) The COTP may, upon written request, except as allowed in paragraph (3) of this subsection, waive any regulation in this section if it is found that the proposed operation can be conducted safely under the terms of that waiver.
(2) Each written request for a waiver must state the need for the waiver and describe the proposed operation.
(3) Under unusual circumstances due to time constraints, the person in charge may orally request an immediate waiver from the COTP. The written request for a waiver must be submitted within five working days after the oral request.
(4) The COTP may, at any time, terminate any waiver issued under this subsection.
(c) Emergencies. In an emergency, a person may depart from any regulation in this section to the extent necessary to avoid immediate danger to persons, property or the environment.
(d) Mooring: General.
(1) No person may secure a barge to trees or to other vegetation.
(2) No person may allow a barge to be moored with unraveled or frayed lines or other defective or worn mooring.
(3) No person may moor barges side to side unless they are secured to each other from fittings as close to each corner of abutting sides as practicable.
(4) No person may moor barges end to end unless they are secured to each other from fittings as close to each corner of abutting ends as practicable.
(e)
(2) Barges moored in tiers may be shifted to mooring devices if the shoreward barge at the upstream end of the tier is secured to at least one mooring device, and the shoreward barge at the downstream end of the tier is secured to at least one other mooring device, except that from mile 127 to mile 240 barges moored in tiers may be shifted to mooring devices if the shoreward barge at the upstream end of the tier is secured to at least one mooring device.
(3) Each wire rope used between the upstream end of a barge and a mooring device must have at least a diameter of 1
(4) Each wire rope used between the downstream end of a barge and a mooring device must have at least a diameter of
(f) Moorings: Barge-to-barge; barge-to-vessel; barge-to-wharf or pier. The person in charge shall ensure that a barge moored to another barge, a mooring or spar barge, a vessel, a wharf, or a pier, is secured as near as practicable to each abutting corner of the barge being moored by:
(1) Three parts of wire rope of at least
(2) A mooring of natural or synthetic fiber rope that has at least 75 percent of the breaking strength of three parts of
(3) Fixed rigging that is at least equivalent to three parts of
(g) Mooring: Person in charge.
(1) The person in charge of a barge, tier, fleet or fleeting facility shall ensure that the barge, tier, fleet or fleeting facility meets the requirements in paragraphs (d) and (e) of this section.
(2) The person in charge shall ensure that all mooring devices, wires, chains, lines and connecting gear are of sufficient strength and in sufficient number to withstand forces that may be exerted on them by moored barges.
(h) Fleeting facility: inspection of moorings.
(1) The person in charge of a fleeting facility shall assign a person to inspect moorings in accordance with the requirements in paragraph (h)(2) of this section.
(2) The person assigned to inspect moorings shall inspect:
(i) At least twice each day during periods that are six hours or more apart, each mooring wire, chain, line and connecting gear between mooring devices and each wire, line and connecting equipment used to moor each barge; and
(ii) After a towboat adds barges to, withdraws barges from, or moves barges at a fleeting facility, each mooring wire, line, and connecting equipment of each barge within each tier affected by that operation.
(3) The person who inspects moorings shall take immediate action to correct each deficiency.
(i) Fleeting facility: Records. The person in charge of a fleeting facility shall maintain, and make available to the Coast Guard, records containing the following information:
(1) The time of commencement and termination of each inspection required in paragraph (h)(2) of this section.
(2) The name of each person who makes the inspection required in paragraph (h)(2) of this section.
(3) The identification of each barge entering and departing the fleeting facility, along with the following information:
(i) Date and time of entry and departure; and
(ii) The names of any hazardous cargo which the barge is carrying.
The requirements in paragraph (i)(3) of this section for the listing of hazardous cargo refer to cargoes regulated by Subchapters D and O of Chapter I, Title 46, Code of Federal Regulations.
(j) Fleeting facility: Surveillance.
(1) The person in charge of a fleeting facility shall assign a person to be in continuous surveillance and to observe the barges in the fleeting facility. Joint use of this person by adjacent facilities may be considered upon submisssion of a detailed proposal for a waiver to the COTP.
(2) The person who observes the barges shall:
(i) Inspect for movements that are unusual for properly secured barges; and
(ii) Take immediate action to correct each deficiency.
(k) Fleeting facility: person in charge. The person in charge of a fleeting facility shall ensure that each deficiency found under the requirements of paragraph (h) or (j) of this section is corrected.
(l) Securing breakaways. The person in charge shall take immediate action to:
(1) Secure each breakaway; and
(2) Report each breakaway as soon as possible to the COTP by telephone,
(m) High water.
(1) This subsection applies to barges on the Mississippi River between miles 88 and 240 above Head of Passes when:
(i) The Carrollton gage stands 12 feet or more; or
(ii) The Carrollton gage stands 10 feet, the U.S. Army Corps of Engineers forecasts the Mississippi River is rising to 12 feet, and the District Commander determines these circumstances to be especially hazardous and issues orders directing that paragraphs (m)(2) and (3) of this section are in effect.
(2) During high water, the person in charge of a fleeting facility shall ensure compliance with the following requirements:
(i) Each fleet consisting of eight or more barges must be attended by at last one radar-equipped towboat for each 100 barges or less. Joint use of this towboat by adjacent facilities may be considered upon submission of a detailed proposal for a waiver.
(ii) Each fleet must have two or more towboats in attendance when:
(A) Barges are withdrawn from or moved within the fleet and the fleet at the start of the operation contains eight or more barges; or
(B) Barges are added to the fleet and the number of barges being added plus the fleet at the start of the operation total eight or more.
(iii) Each towboat required in paragraphs (m)(2)(i) and (2)(ii) of this section must be:
(A) Capable of safely withdrawing, moving or adding each barge in the fleet;
(B) Immediately operational;
(C) Radio-equipped;
(D) Within 500 yards of the barges; and
(iv) The person in charge of each towboat required in paragraphs (m)(2)(i) and (2)(ii) of this section shall maintain:
(A) A continuous guard on the frequency specified by current Federal Communications Commission regulations found in Part 83 of Title 47, Code of Federal Regulations; and
(B) When moored, a continuous watch on the barges in the fleeting facility.
(v) During periods when visibility is less than 200 yards, the person in charge of each towboat required in paragraph (m)(2)(i) of this subsection shall maintain, when moored, a continuous radar surveillance of the barges moored in the fleeting facility.
(3) During high water when visibility is reduced to less than 200 yards:
(i) Tows may not be assembled or disassembled;
(ii) No barge may be added to, withdrawn from or moved within a fleet except:
(A) A single barge may be added to or withdrawn from the channelward or downstream end of the fleet; and
(B) Barges made up in a tow may depart a fleet from the channelward or downstream end of the fleet; and
(iii) No person in charge of a tow arriving in this regulated navigation area may moor unless the COTP is notified prior to arrival in the regulated navigation area.
(a) The following is a safety zone:
(1) The west and northwest shores of Snake Island;
(2) The Turning Basin west of Snake Island;
(3) The area of Texas City Channel from the north end of the Turning Basin to a line drawn 000° true from the northwesternmost point of Snake Island.
(b) Special regulations. All vessels are prohibited from mooring, anchoring, or otherwise stopping in the safety zone, except in case of an emergency.
(c) Barges are prohibited from fleeting or grounding in the zone.
(d) In an emergency, vessels shall advise the Captain of the Port, Houston-Galveston, of the nature of the emergency via the most rapid means available.
(a) The waters and waterfront facility located within the area described by the following boundaries constitutes a safety zone:
(1) When a Liquefied Natural Gas (LNG) vessel is moored at Trunkline LNG facility: Beginning at the west side property line at position 30°06′38″ N., 93°17′34″ W., a line extending in an eastward direction and 50 feet from shore to a point 50 feet west of mooring dolphin #1; then due south to a line running in an eastward direction and 50 feet south of the moored LNG vessel to a line running due north to a point 50 feet east of mooring dolphin #13; and then a line extending in an eastward direction and 50 feet from shore to the end of the turning basin.
(2) When an LNG vessel is not moored at the Trunkline LNG facility: Beginning at the west side property line at position 30°06′38″ N., 93°17′34″ W., a line extending in an eastward direction and 50 feet from shore to a point 50 feet west of mooring dolphin #1; then a continuous uniform line extending 50 feet outside of all facility docks and structures to a point 50 feet east of mooring dolphin #13; and then a line extending in an eastward direction and 50 feet from shore to the end of the turning basin.
(b) The waters within the following boundaries are a safety zone while a non-gas free LNG vessel is transiting within the Calcasieu River ship channel and between buoy “CC” and the Trunkline LNG facility: The area 2 miles ahead, 1 mile astern, and to either side of an LNG vessel to the width of the ship channel. Meeting, crossing, or overtaking situations are not permitted within the safety zone unless specifically authorized by the USCG Captain of the Port.
(c) Notice of transiting LNG vessels will be provided by Broadcast and/or Local Notice to Mariners.
(a) The following is a regulated navigation area—The Sabine Neches Waterway which includes the following waters: Sabine Pass Channel, Port Arthur Canal, Sabine Neches Canal, Neches River, Sabine River and all navigable waterways tributary thereto.
(b) Unless otherwise authorized by the Captain of the Port, Port Arthur, Texas, tows on a hawser of 1000 gross tons or greater transiting the Sabine-Neches Waterway are prohibited unless such tows have a tug of sufficient horsepower made up to the tow in such a manner as to insure that complete and effective control is maintained throughout the transit. Inbound vessels only, may shift the tow or pick up an additional tug within 100 yards inside the entrance jetties provided that such action is necessary for reasons of prudent seamanship.
(a) The following is a regulated navigation area—The Calcasieu River from the Calcasieu jetties up to and including the Port of Lake Charles.
(b) Unless otherwise authorized by the Captain of the Port, Port Arthur, Texas, tows on a hawser of 1000 gross tons or greater transiting the Calcasieu River are prohibited unless such tows have a tug of sufficient horsepower made up to the tow in such a manner as to insure that complete and effective control is maintained at all times. Inbound vessels only, may shift the tow or pick up an additional tug within 100 yards inside the entrance jetties provided that such action is necessary for reasons for prudent seamanship.
(a) The following areas are established as safety zones during specified conditions:
(1) For incoming tank vessels loaded with Liquefied Petroleum Gas, the waters within a 500 yard radius of the LPG carrier while the vessel transits
(2) For outgoing tank vessels loaded with LPG, the waters within a 500 yard radius of the LPG carrier while the vessel departs the LPG facility and transits the Corpus Christi Ship Channel. The safety zone remains in effect until the LPG vessel passes the seaward extremity of the Aransas Pass Jetties.
(b) The general regulations governing safety zones contained in 33 CFR 165.23 apply.
(c) The Captain of the Port will notify the maritime community of periods during which this safety zone will be in effect by providing advance notice of scheduled arrivals and departures of loaded LPG vessels via a Marine Safety Information Broadcast Notice to Mariners.
(a)
(1)
(2)
(b)
(2) Recreational vessels, passenger vessels and commercial fishing vessels requiring entry into these security zones must contact the Captain of the Port Corpus Christi or his designated representative. The Captain of the Port may be contacted via VHF Channel 16 or via telephone at (361) 888-3162 to seek permission to transit the area. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port, Corpus Christi or his designated representative.
(3) Designated representatives include U.S. Coast Guard commissioned, warrant, and petty officers.
(c)
(a)
(b) Lower Mississippi River below mile 233.9 above Head of Passes including South and Southwest Passes:
(1)
(2)
(3)
(c) Movement of vessels in vicinity of Algiers Point, New Orleans Harbor:
(1)
To provide advance information to downbound vessels whether the control light at Gretna (Gretna Light) is red or green, a traffic light is located at Westwego on the right descending bank, on the river batture at the end of Avenue B, approximately 101.4 miles above Head of Passes.
(2)
(3)
(ii) Vessels destined to a wharf above the lower end of Julia Street Wharf shall signal the Gretna towerman three long blasts and one short blast of a whistle or horn to indicate that the vessel is not bound below the Julia Street Wharf.
(iii) The master, pilot, or authorized representative of any vessel scheduled to depart from a wharf between Governor Nicholls Light and Louisiana Avenue, bound downstream around Algiers Point, shall communicate with the Governor Nicholls Light towerman by telephone to determine whether the channel at Algiers Point is clear before departure. When the point is clear, vessels shall then proceed promptly so that other traffic will not be unnecessarily delayed.
Telephone numbers of both signal towers will be published in navigation bulletins in advance of each operating period.
(4)
(5)
(6)
(d) Navigation of South and Southwest Passes.
(1) No vessel, except small craft and towboats and tugs without tows, shall enter either South Pass or Southwest Pass from the Gulf until after any descending vessel which has approached within two and one-half (2
(2) No vessel having a speed of less than ten mph shall enter South Pass from the Gulf when the stage of the Mississippi River exceeds 15 feet on the Carrollton Gage at New Orleans. This paragraph does not apply when Southwest Pass is closed to navigation.
(3) No vessel, except small craft and towboats and tugs without tows, ascending South Pass shall pass Franks Crossing Light until after a descending vessel shall have passed Depot Point Light.
(4) No vessel, except small craft and towboats and tugs without tows, shall enter the channel at the head of South Pass until after an ascending vessel which has reached Franks Crossing Light shall have passed through into the river.
(5) When navigating South Pass during periods of darkness no tow shall consist of more than one towed vessel other than small craft, and during daylight hours no tow shall consist of more than two towed vessels other than small craft. Tows may be in any formation. When towing on a hawser, the hawser shall be as short as practicable to provide full control at all times.
(6) When towing in Southwest Pass during periods of darkness no tow shall consist of more than two towed vessels other than small craft, and during daylight hours no tow shall consist of more than three towed vessels other than small craft.
(e) Watch requirements for anchored and moored passenger vessels.
(1)
(i) Keep a continuously manned pilothouse; and
(ii) Monitor river activities and marine VHF, emergency and working frequencies of the port, so as to be immediately available to take necessary action to protect the vessel, crew, and passengers if an emergency radio broadcast, danger signal, or visual or other indication of a problem is received or detected.
(2) Each ferryboat, and each small passenger vessel to which 46 CFR 175.110 applies, may monitor river activities using a portable radio from a vantage point other than the pilothouse.
(f) Each self-propelled vessel of 1,600 or more gross tons subject to 33 CFR part 164 shall also comply with the following:
(1) While under way in the RNA, each vessel must have an engineering watch capable of monitoring the propulsion system, communicating with the bridge, and implementing manual-control measures immediately when necessary. The watch must be physically present in the machinery spaces or in the machinery-control spaces and must consist of at least a licensed engineer.
(2) Before embarking a pilot when entering or getting under way in the RNA, the master of each vessel shall ensure that the vessel is in compliance with 33 CFR part 164.
(3) The master shall ensure that the chief engineer has certified that the
(i) The main propulsion plant is in all respects ready for operations including the main-propulsion air-start systems, fuel systems, lubricating systems, cooling systems, and automation systems;
(ii) Cooling, lubricating, and fuel-oil systems are at proper operating temperatures;
(iii) Main propulsion machinery is available to immediately respond to the full range of maneuvering commands any load-limiting programs or automatic acceleration-limiting programs that would limit the speed of response to engine orders beyond that needed to prevent immediate damage to the propulsion machinery are capable of being overridden immediately.
(iv) Main-propulsion standby systems are ready to be immediately placed in service.
(a) The following is a regulated navigation area: the waters of the Atchafalaya River in Berwick Bay bounded on the northside from 2,000 yards north of the U.S. 90 Highway Bridge and on the southside from 4,000 yards south of the Southern Pacific Railroad (SPRR) Bridge.
(b) Within the regulated navigation area described in paragraph (a) of this section, § 161.40 of this chapter establishes a VTS Special Area for waters within a 1000 yard radius of the SPRR Bridge.
(c) When the Morgan City River gauge reads 3.0 feet or above mean sea level, in addition to the requirements set forth in § 161.13 of this chapter, the requirements of paragraph (d) and (e) of this section apply to a towing vessel which will navigate:
(1) under the lift span of the SPRR Bridge; or
(2) through the navigational opening of the U.S. 90 Highway Bridge: or
(3) through the navigational opening of the Highway 182 Bridge.
(d)
(2) A towing vessel and barges must be arranged in tandem, except that one vessel may tow one other vessel alongside;
(3) Length of tow must not exceed 1,180 feet; and
(4) Tows with a box end in the lead must not exceed 400 feet in length.
The variation in the draft and the beam of the barges in a multi-barge tow should be minimized in order to avoid unnecessary strain on coupling wires.
(e)
(2) All tows carrying cargoes of particular hazard as defined in § 160.203 of this chapter must have available horsepower of at least 600 hp or three times the length of tow, whichever is greater.
(f)
(1) Marine information broadcasts;
(2) Notices to mariners;
(3) Vessel Traffic Center advisories or upon vessel information request; and
(4) Visual displays on top of the SPRR Bridge, consisting of:
(i) Two vertically arranged red balls by day; or
(ii) Two vertically arranged flashing white lights by night.
Visual displays are not shown during precautionary periods (when the Morgan
(a)
(b)
(i) Vessels may enter within 500 yards but not closer than 100 feet of a cruise ship provided they operate at the minimum speed necessary to maintain a safe course.
(ii) No person or vessel may enter within 100 feet of a cruise ship unless expressly authorized by the Coast Guard Captain of the Port New Orleans or his designated representative.
(iii) Moored vessels or vessels anchored in a designated anchorage area are permitted to remain within 100 feet of a cruise ship while it is in transit.
(2) Vessels requiring entry within 500 yards of a cruise ship that cannot slow to the minimum speed necessary to maintain a safe course must request express permission to proceed from the Captain of the Port New Orleans or his designated representative.
(3) For the purpose of this rule the term “cruise ship” is defined as a passenger vessel over 100 gross tons, carrying more than 12 passengers for hire, making a voyage lasting more than 24 hours, any part of which is on the high seas, and for which passengers are embarked or disembarked in the United States or its territories.
(4) The Captain of the Port New Orleans will inform the public of the moving security zones around cruise ships via Marine Safety Information Broadcasts.
(5) To request permission as required by these regulations contact “New Orleans Traffic” via VHF Channels 13/67 or via phone at (504) 589-2780 or (504) 589-6261.
(6) All persons and vessels within the moving security zones shall comply with the instructions of the Captain of the Port New Orleans and designated on-scene U.S. Coast Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel include commissioned, warrant, and petty officers of the U.S. Coast Guard.
(c)
(a)
(b)
(i) Vessels may enter within 500 yards but not closer than 100 yards of a cruise ship provided they operate at the minimum speed necessary to maintain a safe course.
(ii) No person or vessel may enter within 100 yards of a cruise ship unless expressly authorized by the Coast Guard Captain of the Port Houston-Galveston. Where the Houston Ship Channel narrows to 400 feet or less between Houston Ship Channel Entrance
(iii) Moored vessels or vessels anchored in a designated anchorage area are permitted to remain within 100 yards of a cruise ship while it is in transit.
(2) Vessels requiring entry within 500 yards of a cruise ship that cannot slow to the minimum speed necessary to maintain a safe course must request express permission to proceed from the Captain of the Port Houston-Galveston, or his designated representative.
(3) For the purpose of this section the term “cruise ship” is defined as a passenger vessel over 100 gross tons, carrying more than 12 passengers for hire, making a voyage lasting more than 24 hours, any part of which is on the high seas, and for which passengers are embarked or disembarked in the United States or its territories.
(4) The Captain of the Port Houston-Galveston will inform the public of the moving security zones around cruise ships via Marine Safety Information Broadcasts.
(5) To request permission as required by these regulations contact “Houston Traffic” via VHF Channels 11/12 or via phone at (713) 671-5103.
(6) All persons and vessels within the moving security zone shall comply with the instructions of the Captain of the Port Houston-Galveston and designated on-scene U.S. Coast Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel include commissioned, warrant, and petty officers of the U.S. Coast Guard.
(c)
(a)
(1)
(2)
(3)
(4)
(5)
(ii) The Brazos Harbor containing all waters west of a line drawn between the northern point at 28°56′27″ N, 95°20′00″ W, and the southern point 28°56′09″ N, 95°20′00″ W (NAD 1983) at its junction with the Old Brazos River Cut.
(b)
(c)
(i) Commercial vessels operating at waterfront facilities within these zones;
(ii) Commercial vessels transiting directly to or from waterfront facilities within these zones;
(iii) Vessels providing direct operational/logistic support to commercial vessels within these zones;
(iv) Vessels operated by the appropriate port authority or by facilities located within these zones; and
(v) Vessels operated by federal, state, county, or municipal agencies.
(2) Other persons or vessels requiring entry into a zone described in this section must request express permission to enter from the Captain of the Port Houston-Galveston, or designated representative.
(3) To request permission as required by these regulations contact “Houston Traffic” via VHF Channels 11/12 or by phone at (713) 671-5103.
(4) All persons and vessels shall comply with the instructions of the Captain of the Port Houston-Galveston and designated on-scene U.S. Coast Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel include commissioned, warrant, and petty officers of the U.S. Coast Guard.
(a) The following is a regulated navigation area: The waters of the Ohio River from the Clark Memorial (Highway) Bridge at Mile 603.5, downstream to McAlpine Dam at Mile 604.4.
(b) The general regulations governing regulated navigation area contained in 33 CFR part 165, subpart B apply.
(c) No pleasure or fishing craft shall be operated within the regulated navigation area at any time without prior permission of the Captain of the Port, Louisville, Kentucky, except in case of emergency and except for passage through McAlpine Lock.
(a) Location. The following is a regulated navigation area (RNA): The waters of the Arkansas River between mile 118.2 and mile 125.4.
(b) Regulations. Transit of the RNA is limited during periods of high velocity flow, defined as the flow rate of 70,000 cubic feet per second or more at the Murray Lock and Dam at mile 125.4. The flow rate at this location is calculated by the U.S. Army Corps of Engineers on a regular and routine basis. This information will be distributed by announcements by Coast Guard Marine Information Broadcasts, publication in Coast Guard Local Notice to Mariners, and telephone or radio contact with the Lockmaster at Murray Lock and Dam.
(c) Transit of the RNA during periods of high velocity flow may only occur under the following conditions:
(1) Vessels may not meet or pass in the RNA.
(2) No vessel shall anchor, stop, remain or drift without power at any time in the RNA.
(3) All vessels shall continually monitor VHF-FM channel 13 on their radiotelephone while in or approaching the RNA.
(4) Prior to entering the RNA, downbound vessels shall make a broadcast in the blind on VHF-FM channel 13 announcing their estimated time of departure from Murray Lock and Dam or from the mooring cells at mile 121.5 to ensure there are no upbound vessels within the RNA. If there is upbound traffic within the RNA, the downbound vessel shall not depart until the upbound vessel has passed through the RNA. After departing, vessels will proceed through the RNA, including all drawbridges located therein, without delay.
(5) When upbound vessels reach mile 116, they shall make a broadcast in the blind on VHF-FM channel 13 announcing their estimated arrival time at the Rock Island Railroad Bridge at mile 118.2.
(6) When a downbound vessel is already in the RNA, an upbound vessel shall adjust its speed so as to avoid a meeting situation in the RNA.
(d) Refer to 33 CFR 117.123 for drawbridge operation regulations.
(a)
(b)
(2) Persons and vessels desiring to transit the area of the security zone may contact the Captain of the Port Pittsburgh at telephone number 412-644-5808 or on VHF channel 16 to seek permission to transit the area. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port Pittsburgh or his designated representative.
(c)
(a)
(b)
(c)
(1) Transit through the RNA by all downbound vessels towing cargoes regulated by Title 46 Code of Federal Regulations Subchapters D and O with a tow length exceeding 600 feet excluding the tow boat is prohibited.
(2) No vessel shall loiter, anchor, stop, remain or drift without power at any time within the navigation channel of the RNA.
(3) All commercial vessels shall continually monitor VHF-FM channel 13 on their radiotelephone while in or approaching the RNA.
(4) Between Ohio River miles 464.0 and 466.0, downbound vessels shall make a broadcast in the blind, on VHF-FM channel 13 announcing their estimated time of entering the RNA.
(a)
(b)
(2) Persons or vessels desiring to transit the area of the security zone may contact the Captain of the Port Pittsburgh at telephone number 412-644-5808 or on VHF channel 16 to seek permission to transit the area. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port Pittsburgh or a designated representative.
(c)
(a)
(1)
(2)
(3)
(4)
(5)
(b)
(2) The Ft. Calhoun and Cooper security zones include a portion of the navigable channel of the Missouri River. All vessels that may safely navigate outside of the channel are prohibited from entering the security zone without the express permission of the Captain of the Port St. Louis or designated representative. Vessels that are required to use the channel for safe navigation are authorized entry into the zone but must remain within the channel unless expressly authorized by the Captain of the Port St. Louis or designated representative.
(3) Persons or vessels requiring the Captain of the Port St. Louis' permission to enter the security zones must contact the Coast Guard Group Upper Mississippi River at telephone number 319 524-7511 or on VHF marine channel 16 or Marine Safety Detachment Quad Cities at telephone number 309 782-0627 or the Captain of the Port, St. Louis at telephone number 314 539-3091, ext. 3500 in order to seek permission to enter the security zones. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port, St. Louis or designated representative.
(4) Designated representatives are commissioned, warrant, and petty officers of the U.S. Coast Guard.
(c)
(a)
(b)
(c)
(1) Division 1.1 or 1.2 explosives as defined in 49 CFR 173.50, and that is in a quantity in excess of 100 metric tons per barge.
(2) Division 1.5D blasting agents for which a permit is required under 49 CFR 176.415 or, for which a permit is required as a condition of a Research and Special Programs Administration (RSPA) exemption, and that is in a
(3) Division 2.3 “poisonous gas”, as listed in 49 CFR 172.101 that is also a “material poisonous by inhalation” as defined in 49 CFR 171.8, and that is in a quantity in excess of 1 metric ton per barge.
(4) Division 5.1 “Ammonium Nitrate and Certain Ammonium Nitrate Fertilizers” for which a permit is required under 49 CFR 176.415, or for which a permit is required as a condition of a RSPA exemption, and that is in a quantity in excess of 100 metric tons per barge.
(5) A liquid material that has a primary or subsidiary classification of Division 6.1 “poisonous material” as listed in 49 CFR 172.101 that is also a “material poisonous by inhalation”, as defined in 49 CFR 171.8 and that is in a bulk packaging, or that is in a quantity in excess of 20 metric tons per barge when not in a bulk packaging.
(6) Class 7, “highway route controlled quantity” radioactive material or “fissile material, controlled shipment”, as defined in 49 CFR 173.403.
(7) Bulk liquefied chlorine gas and Bulk liquefied gas cargo that is flammable and/or toxic and carried under 46 CFR 154.7.
(8) The following bulk liquids:
(i) Acetone cyanohydrin,
(ii) Allyl alcohol,
(iii) Chlorosulfonic acid,
(iv) Crotonaldehyde,
(v) Ethylene chlorohydrin,
(vi) Ethylene dibromide,
(vii) Methacrylonitrile,
(viii) Oleum (fuming sulfuric acid), and
(ix) Propylene Oxide.
(d)
(e)
(i) 4 hours prior to loading a barge(s) with CDCs:
(ii) 4 hours prior to dropping off a CDC barge(s) at a fleeting area;
(iii) 4 hours prior to picking up a CDC barge(s) from a fleeting area;
(iv) 4 hours prior to getting underway with a CDC barge(s) within the RNA;
(v) Upon point of entry into the RNA with a CDC barge(s);
(vi) At designated reporting points, set forth in Table 165.T09-209(f), in paragraph (f) of this section;
(vii) When the estimated time of arrival (ETA) to a reporting point varies by 6 hours from the previously reported ETA;
(viii) Any significant deviation from previously reported information;
(ix) Upon arrival at a “final” destination with a CDC barge(s);
(x) Upon departing the RNA with a CDC barge(s); and
(xi) When directed by the IRVMC.
(2) Each report to the IRVMC must contain all the information items specified in Table 165.T09-209(g), in paragraph (g) of this section.
(3) Reports required by this section must be made to the IRVMC either by telephone toll free to (866) 442-6089, by fax toll free to (866) 442-6107, or by e-mail to
(4) The general regulations contained in 33 CFR 165.13 apply to this section.
(f)
(1) Illinois River (ILR) Upbound Reporting Points, at Mile Marker (M) and when Departing Lock & Dam (L&D):
(i) M 187.2 Southern Boundary MSO Chicago AOR
(ii) M 271.5 Dresden L&D
(iii) M 291.0 Lockport L&D
(iv) M 303.5 Junction of Chicago Sanitary Ship Canal and Calumet Sag Channel
(v) M 326.4 Thomas S. O'Brien Lock Calumet River
(vi) M 333.5 Confluence of Calumet River and Lake Michigan
(vii) M 326.7 Chicago Lock Chicago River
(2) Illinois River (ILR) Downbound Reporting Points, at mile marker and when Departing Lock & Dam (L&D):
(i) M 326.7 Chicago Lock Chicago River
(ii) M 333.5 Confluence of Calumet River and Lake Michigan
(iii) M 326.4 Thomas S. O'Brien Lock Calumet River
(iv) M 303.5 Junction of Chicago Sanitary Ship Canal and Calumet Sag Channel
(iv) M 291.0 Lockport L&D
(v) M 271.5 Dresden L&D
(vi) M 187.2 Southern Boundary MSO Chicago AOR
(g)
(h) Deviation from the requirements of this section is prohibited unless specifically authorized by the Commander, Ninth Coast Guard District or designated representatives. Designated representatives include Captains of the Port within the Ninth Coast Guard District.
(i) In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the authority for this section includes 33 U.S.C. 1226.
By CGD09-03-209, 68 FR 23402, May 2, 2003, § 165.T09-209 was added, effective Apr. 16, 2003 to Oct. 31, 2003.
(a)
(b)
(c)
(2) The general regulations contained in 33 CFR 165.13 apply to this section.
(3) Deviation from this section is prohibited unless specifically authorized by the Commander, Ninth Coast Guard District or his designated representatives. Designated representatives include the Captain of the Port Chicago.
By CDG09-03-214, 68 FR 27729, May 21, 2003, § 165.T09-214 was added, effective May 11, 2003 to Nov. 15, 2003.
(a)
(1) The waters of Lake Huron known as South Channel between Bois Blanc Island and Cheboygan, Michigan;
(2) The waters of Lake Huron between Mackinac Island and St. Ignace, Michigan, bounded by a line east from position 45°52′12″N, 84°43′00″W; to Mackinac Island at 45°52′12″N, 84°39′00″W; and a line east from the mainland at 45°53′12″N, 84°43′30″W; to the northern tangent of Mackinac Island at 45°53′12″N, 84°38′48″W.
(b)
(c)
(a) The following is a safety zone—The United States waters of the Niagara River from the crest of the American and Horseshoe Falls, Niagara Falls, New York to a line drawn across the Niagara River from the downstream side of the mouth of Gill Creek to the upstream end of the breakwater at the mouth of the Welland River.
(a)
(1) From the point where the shoreline intersects longitude 81°42′24.5″ W, which is the southern side of the Norfolk and Southern No. 1 railroad bridge, southeasterly along the shore for six hundred (600) feet to the point where the shoreline intersects longitude 81°42′24.5″ W, which is the Holy Moses Water Taxi Landing at Fado's Restaurant.
(2) One hundred (100) feet downriver to one hundred (100) feet upriver from 41 degrees 29′53.5″ N, 81 degrees 42′33.5″ W, which is the knuckle on the north side of the Old River entrance at Ontario Stone.
(3) Fifty (50) feet downriver to fifty (50) feet upriver from 41 degrees 29′48.4″ N, 81 degrees 42′44″ W, which is the knuckle adjacent to the Ontario Stone warehouse on the south side of the Old River.
(4) From 41 degrees 29′51.1″ N, 81 degrees 42′32.0″ W, which is the corner of Christie's Cabaret pier at Sycamore Slip on the Old River, to fifty (50) feet east of 41 degrees 29′55.1″ N, 81 degrees 42′27.6″ W, which is the north point of the pier at Shooter's Restaurant on the Cuyahoga River.
(5) Twenty-five (25) feet downriver to twenty-five (25) feet upriver of 41 degrees 29′48.9″ N, 81 degrees 42′10.7″ W, which is the knuckle toward the downriver corner of the Nautica Stage.
(6) Ten (10) feet downriver to ten (10) feet upriver of 41 degrees 29′45.5″ N, 81 degrees 42′9.7″ W, which is the knuckle toward the upriver corner of the Nautica Stage.
(7) The fender on the west bank of the river at 41 degrees 29′45.2″ N, 81 degrees 42.10″ W, which is the knuckle at Bascule Bridge (railroad).
(8) The two hundred seventy (270) foot section on the east bank of the river between the Columbus Road
(9) Fifty (50) feet downriver of twenty-five (25) feet upriver from 41 degrees 29′24.5″ N, 81 degrees 41′57.2″ W, which is the knuckle at the Upriver Marine fuel pump.
(10) Seventy-five (75) feet downriver to seventy-five (75) feet upriver from 41 degrees 29′33.7″ N, 81 degrees 41′57.5″ W. which is the knuckle adjacent to the warehouse at Alpha Precast Products (United Ready Mix).
(11) Fifteen (15) feet downriver to fifteen (15) feet upriver from 41 degrees 29′41″ N, 81 degrees 41′38.6″ W, which is the end of the chain link fence between The Club Mega and Shippers C & D.
(b)
(2)
(3)
(a)
(1) Northwest point: 41°52′33″N, 87°36′58″W
(2) Northeast point: 41°52′33″N, 87°35′41″W
(3) Southeast point: 41°50′42″N, 87°35′41″W
(4) Southwest point: 41°50′42″N, 87°36′33″W
(5) From the southwest point, north along the Lake Michigan shoreline, including Burnham Park Harbor, to the northwest point.
(b)
(c)
(2) Vessels in Burnham Park Harbor at the commencement of the safety and security zone must be moored and remain moored while the safety and security zone is established, unless authorized to get underway by a Coast Guard or U.S. Secret Service official.
(3) No person may engage in swimming, snorkeling, or diving within the established safety and security zone, except with the permission of the Captain of the Port or U.S. Secret Service.
(a) The following areas of the St. Louis River, within the designated
(1)
(2) Safety Zone #2 (
(b) Transit of vessels through the waters covered by these zones is prohibited. Swimming (including water skiing or other recreational use of the water which involves a substantial risk of immersion in the water) or taking of fish (including all forms of aquatic animals) from the waters covered by these safety zones is prohibited at all times.
(a)
(1)
(2)
(3)
(4)
(5)
(6)
(b)
(1)
(2)
(3)
(4)
(5)
(6)
(c)
(1) Obtain clearance from the Burke Lakefront Air Traffic Control Tower before navigating through the restricted area(s);
(2) Navigate promptly through the area(s) at a safe and practical speed. Navigation at a safe and practical speed includes brief stops at the fueling dock inside restricted area 3 by vessels with masts between 63 and 95 feet in height; and
(3) Promptly inform the Burke Lakefront Air Traffic Control Tower after clearing the restricted area(s), or of any difficulty preventing prompt clearance. The Burke Lakefront Air Traffic Control Tower may be contacted on marine radio channel 14, or by telephone at (216) 781-6411 except as noted during the suspended hours listed in paragraph (d) of this section. The radio and telephone will be manned when the instrument guided approach system is being utilized.
(4) Clearance may also be obtained for longer periods or for groups of vessels when arranged in advance with Burke Lakefront Airport by any appropriate means of communication, including a prior written agreement.
(d)
(1) 11:00 p.m. n Fridays to 7:00 a.m. on Saturdays.
(2) 11:00 p.m. on Saturdays to 8:00 a.m. on Sundays.
(3) 12:00 midnight Sunday nights to 7:00 a.m. on Mondays.
(e)
(a)
(1)
(i)
(ii)
(2)
(i)
(ii)
(3)
(i)
(ii)
(4)
(ii)
(5)
(i)
(ii)
(6)
(i)
(ii)
(7)
(i)
(ii)
(8)
(i)
(ii)
(9)
(i)
(ii)
(10)
(i)
(ii)
(11)
(i)
(ii)
(12)
(i)
(ii)
(13)
(i)
(ii)
(14)
(i)
(ii)
(15)
(i)
(ii)
(16)
(i)
(ii)
(17)
(i) Location. All waters of the Ecorse Channel within a 300-yard radius of the
(ii)
(18)
(i)
(ii)
(19)
(i)
(ii)
(20)
(i)
(ii)
(21)
(i)
(ii)
(22)
(i)
(ii)
(23)
(i)
(ii)
(b)
(1) The general regulations contained in 33 CFR 165.23 apply.
(2) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated on scene patrol personnel. Coast Guard patrol personnel include commissioned, warrant, and petty officers of the U.S. Coast Guard. Upon being hailed by a U.S. Coast Guard vessel via siren, radio, flashing light, or other means, the operator shall proceed as directed.
(3) The safety zones in this regulation are outside navigation channels and will not adversely affect shipping. In cases where shipping is affected, commercial vessels may request permission from the Captain of the Port Detroit to transit the safety zone. Approval will be made on a case-by-case basis. Requests must be made in advance and approved by the Captain of the Port before transits will be authorized. The Captain of the Port may be contacted via U.S. Coast Guard Group Detroit on Channel 16, VHF-FM.
(c)
(a)
(1)
(i)
(ii)
(2)
(i)
(ii)
(3)
(i)
(ii)
(4)
(i)
(ii)
(5)
(i)
(ii)
(6)
(i)
(ii)
(7)
(i)
(ii)
(8)
(i)
(ii)
(9)
(i)
(ii)
(10)
(i)
(ii)
(11)
(i)
(ii)
(12)
(i)
(ii)
(13)
(i)
(ii)
(14)
(i)
(ii)
(15)
(i)
(ii)
(16)
(i)
(ii)
(17)
(i)
(ii)
(18)
(i)
(ii)
(iii)
(19)
(i)
(ii)
(iii)
(20)
(i)
(ii)
(21)
(i)
(ii)
(22)
(i)
(ii)
(23)
(i)
(ii)
(24)
(i)
(ii)
(25)
(i)
(ii)
(26)
(i)
(ii)
(iii)
(27)
(i)
(ii)
(28)
(i)
(ii)
(29)
(i)
(ii)
(b)
(2) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated on scene patrol personnel. Coast Guard patrol personnel include commissioned, warrant, and petty officers of the U.S. Coast Guard. Upon being hailed by a U.S. Coast Guard vessel via siren, radio, flashing light, or other means, the operator shall proceed as directed.
(3) The safety zones in this regulation are outside navigation channels and will not adversely affect shipping. In cases where shipping is affected, commercial vessels may request permission from the Captain of the Port Milwaukee to transit the safety zone. Approval will be made on a case-by-case basis. Requests must be made in advance and approved by the Captain of the Port before transits will be authorized. The Captain of the Port may be contacted via U.S. Coast Guard Group Milwaukee on Channel 16, VHF-FM.
(c)
(a)
(1)
(ii)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(b)
(2) All persons and vessels shall comply with the instruction of the Captain of the Port Chicago or the designated on-scene U.S. Coast Guard patrol personnel. On-scene patrol personnel include commissioned, warrant, and petty officers of the U.S. Coast Guard on board Coast Guard, Coast Guard Auxiliary, local, state, and federal law enforcement vessels. Emergency response vessels are authorized to move within the zone but must abide by the restrictions imposed by the Captain of the Port.
(3) Persons who would like to transit through a security zone in this section must contact the Captain of the Port at telephone number (630) 986-2175 or on VHF channel 16 (121.5 MHz) to seek permission to transit the area. If permission is granted, all persons and vessels shall comply with the instructions of the Captain of the Port or his or her designated representative.
(c)
(a)
(1)
(2)
(3)
(4)
(b)
(2) Persons or vessels desiring to transit the area of the Nine Mile Point and Fitzpatrick Nuclear Power Plants or Ginna Nuclear Power Plant security zones must contact the Captain of the Port Buffalo at telephone number (716) 843-9570, or on VHF/FM channel 16 to seek permission to transit the area. Persons desiring to transit the area of Moses-Saunders Power Dam or Long Sault Spillway Dam security zones must contact the Supervisor, Marine Safety Detachment Massena at telephone number (315) 764-3284, or on VHF/FM channel 16 to seek permission to transit the area. If permission is granted, all persons and vessels shall comply with the instructions of the Captain of the Port or his or her designated representative.
(c)
(a)
(b)
(c)
(a)
(1)
(2)
(b)
(2) Persons desiring to transit through either of these security zones, prior to transiting, must contact the Captain of the Port Toledo at telephone number (419) 418-6050, or on VHF/FM channel 16 and request permission. If permission is granted, all persons and vessels shall comply with the instructions of the Captain of the Port or his or her designated representative.
(c)
(a)
(1)
(2)
(b)
(2) Persons desiring to transit the area of the security zone may contact the Captain of the Port at telephone number (414) 747-7155 or on VHF-FM Channel 16 to seek permission to transit the area. If permission is granted, all persons and vessels shall comply with the instructions of the Captain of the Port or his or her designated representative.
(c)
(a)
(b)
(1) The regulations in § 165.23 apply to this section.
(2) Except as provided in this section, no vessel or person may enter or remain in this safety zone without the permission of the Captain of the Port.
(3) The Captain of the Port Buffalo has authorized all vessels to transit through the safety zone on the condition that they proceed directly through the zone without stopping.
(4) Any vessel wanting to stop, fish, anchor or discharge divers inside the zone, or any divers wanting to visit the wreckage of the M/V ROY A. JODREY, must request permission from the Captain of the Port Buffalo or his designated on-scene representative prior to entry into the zone.
(a)
(1)
(i)
(ii)
(2)
(i)
(ii)
(3)
(i)
(ii)
(4)
(i)
(ii)
(5)
(i)
(ii)
(6)
(i)
(ii)
(7)
(i)
(ii)
(8)
(i)
(ii)
(9)
(i)
(ii)
(10)
(i)
(ii)
(11)
(i)
(ii)
(12)
(i)
(ii)
(13)
(i)
(
(
(ii)
(14)
(i)
(
(
(ii)
(15)
(i)
(ii)
(b)
(2) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated on scene patrol personnel. Coast Guard patrol personnel include commissioned, warrant, and petty officers of the U.S. Coast Guard. Upon being hailed by a U.S. Coast Guard vessel via siren, radio, flashing light, or other means, the operator shall proceed as directed. U.S. Coast Guard Auxiliary, representatives of the event organizer, and local or state officials may be present to inform vessel operators of this regulation and other applicable laws.
(3) In cases where shipping is affected, commercial vessels may request permission from the Captain of the Port Chicago to transit the safety zone. Approval in such cases will be case-by-case. Requests must be made in advance and approved by the Captain of the Port before transits will be authorized. The Captain of the Port may be contacted via Channel 16, VHF-FM.
(c) Captain of the Port Chicago will announce the exact time and location of the annual events listed in this regulation by Notice of Implementation, Broadcast Local Notice to Mariners, or any other means deemed appropriate.
(a)
(b)
(1) All waters, extending from the surface to the sea floor, within 100 yards ahead, astern and extending 100 yards along either side of any HIV that is anchored at a designated anchorage within the San Francisco Bay and Delta port areas shoreward of the line drawn between San Francisco Main Ship Channel buoys 7 and 8 (LLNR 4190 & 4195, positions 37°46.9′ N, 122°35.4′ W and 37°46.5′ N, 122°35.2′ W, respectively);
(2) The shore area and all waters, extending from the surface to the sea floor, within 100 yards ahead, astern and extending 100 yards along either side of any HIV that is moored, or in the process of mooring, at any berth within the San Francisco Bay and Delta port areas shoreward of the line drawn between San Francisco Main Ship Channel buoys 7 and 8 (LLNR 4190 & 4195, positions 37°46.9′ N, 122°35.4′ W and 37°46.5′ N, 122°35.2′ W, respectively); and
(3) All waters, extending from the surface to the sea floor, within 100 yards ahead, astern and extending 100 yards along either side of any HIV that is underway shoreward of the line drawn between San Francisco Main Ship Channel buoys 7 and 8 (LLNR 4190 & 4195, positions 37°46.9′ N, 122°35.4′ W and 37°46.5′ N, 122°35.2′ W, respectively).
(c)
(2) Persons desiring to transit the area of the security zone may contact the Captain of the Port at telephone number 510-437-3073 or on VHF-FM channel 16 (156.8 MHz) to seek permission to transit the area. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port or his or her designated representative.
(3) When an HIV approaches within 100 yards of a vessel that is moored, or anchored, the stationary vessel must stay moored or anchored while it remains within the HIV's security zone unless it is either ordered by, or given permission from, the COTP San Francisco Bay to do otherwise.
(d)
(e)
(f)
By COTP San Francisco Bay 03-002, 68 FR 9006, Feb. 27, 2003, § 165.T11-077 was added, effective Feb. 10, 2003 to May 31, 2003. At 68 FR 32371, May 30, 2003, § 165.T11-077 was amended by revising paragraph (f) and the effective date was extended to Sept. 30, 2003.
(a)
(b)
(2) Persons desiring to transit the area of the security zone may contact the Captain of the Port at telephone number 510-437-3073 or on VHF-FM channel 16 (156.8 MHz) to seek permission to transit the area. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port or his or her designated representative.
(d)
(e)
(f)
By San Francisco Bay 03-003, 68 FR 13230, Mar. 19, 2003, § 165.T11-078 was added, effective Feb. 13, 2003, to Sept. 30, 2003.
(a)
(b)
(2) The zone in paragraph (a) of this section will be enforced from 1 a.m. (PDT) on May 1, 2003, to 1 a.m. (PDT) on June 28, 2003, and from 1 a.m. (PST) on April 1, 2004 to 1 a.m. (PDT) on September 1, 2004.
(3) If the need for enforcement of the safety zone ends, the Captain of the Port may cease enforcement of the safety zone and announce that fact via Broadcast Notice to Mariners.
(c)
(d)
By COTP San Francisco Bay 03-004, 68 FR 25503, May 13, 2003, § 165.T11-079 was added, effective May 1, 2003 to Sept. 1, 2004.
(a)
(b)
(2) Persons desiring to transit the area of the security zone may contact the Captain of the Port at telephone number 619-683-6495 or on VHF channel 16 (156.8 MHz) to seek permission to transit the area. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port or his or her designated representative.
(c)
(d)
(a)
Commencing at a point on the shoreline of Point Loma, at latitude 32°41′57.8″ N, longitude 117°14′17.5″ W (Point A), for a place of beginning; thence easterly to latitude 32°41′56.0″ N, longitude 117°14′09.9″ W (Point B); thence northeasterly to latitude 32°42′03.8″ N, longitude 117°14′04.7″ W (Point C); thence northeasterly to latitude 32°42′10.2″ N, longitude 117°14′00.6″ W (Point D); thence northwesterly to latitude 32°42′14.6″ N, longitude 117°14′02.1″ W (Point E); thence northwesterly to latitude 32°42′22.7″ N, longitude 117°14′05.8″ W (Point F); thence northwesterly to latitude 32°42′28.3″ N, longitude 117°14′08.4″ W (Point G); thence westerly to latitude 32°42′28.3″ N, longitude 117°14′09.6″ W (Point H); thence generally southerly along the shoreline of Point Loma to the place of beginning (Point A).
(b)
(a)
(b)
(2) Persons desiring to transit the area of the security zone may contact the Captain of the Port at telephone number 619-683-6495 or on VHF channel 16 (156.8 MHz) to seek permission to transit the area. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port or his or her designated representative.
(c)
(d)
(a)
(b)
(2) Persons desiring to transit the area of the security zone may contact the Captain of the Port at telephone number 619-683-6495 or on VHF channel 16 (156.8 MHz) to seek permission to transit the area. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port or his or her designated representative.
(c)
(d)
(a)
(i) Latitude 32°41′53.0″ N, Longitude 117°13′33.6″ W;
(ii) Latitude 32°41′53.0″ N, Longitude 117°13′40.6″ W;
(iii) Latitude 32°41′34.0″ N, Longitude 117°13′40.6″ W;
(iv) Latitude 32°41′34.0″ N, Longitude 117°13′34.1″ W.
(2) Because the area of this security zone is measured from the pier and from vessels moored thereto, the actual area of this security zone will be larger when a vessel is moored at Bravo Pier.
(b)
(a) The waters of San Diego Bay enclosed by the following boundaries are a safety zone:
From a point located on the boundary of Coast Guard Air Station San Diego, California at latitude 32°43′37.2″ N, longitude 117°10′45.0″ W (point A), for a point of beginning; thence southeasterly to latitude 32°43′36.2″ N, longitude 117°10′41.5″ W (point B); thence southwesterly to latitude 32°43′20.2″ N, longitude 117°10′49.5″ W (point C); thence northwesterly to latitude 32°43′25.7″ N, longitude 117°11′04.6″ W (point D); thence northeasterly to latitude 32°43′35.7″ N, longitude 117°10′59.5″ W (point E); thence generally easterly along the air station boundary to the point of beginning (point A).
(b)(1) In accordance with the general regulations in § 165.23 of this part, entry into the area of this zone is prohibited unless authorized by the Captain of the Port, except as provided for below.
(2) Vessels may transit the area of this safety zone without permission, but may not anchor, stop, remain within the zone, or approach within 100 yards (92 meters) of the land area of Coast Guard Air Station San Diego or structures attached thereto.
(a)
Datum: NAD 1983.
(b)
(2) The Coast Guard will issue a Broadcast Notice to Mariners, and if time permits a Local Notice to Mariners, to inform the maritime community of the dates and times of the submarine docking/undocking operations covered by paragraph (b)(1).
(3) The master and/or operator of a vessel within the regulated navigation area shall comply with any other orders or directions issued by the Coast Guard as required for the safety of the submarine docking/undocking operations covered by paragraph (b)(1).
(a)
(b)
(1) All waters, extending from the surface to the sea floor, within a 100 yard radius around any cruise ship that is anchored at a designated anchorage within the San Diego port area inside the sea buoys bounding the port of San Diego.
(2) The shore area and all waters, extending from the surface to the sea floor, within a 100 yard radius around any cruise ship that is moored at any berth within the San Diego port area inside the sea buoys bounding the Port of San Diego; and
(3) All waters, extending from the surface to the sea floor, within a 100 yard radius around any cruise ship that is underway on the waters inside the sea buoys bounding the Port of San Diego.
(c)
(2) Persons desiring to transit the area of the security zones may contact the Captain of the Port at telephone number (619) 683-6495 or on VHF-FM channel 16 (156.8 MHz) to seek permission to transit the area. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port or his or her designated representative.
(d)
(e)
(a)
(b)
(c)
(a)
(b)
(c)
(a)
Starting at a point on the shoreline of San Clemente Island, California, in position 33°01′25.0″ N, 118°33′43.0″ W, for a place of beginning (point A), thence northeasterly to 33°02′11.0″ N, 118°32′13.5″ W (point B), thence southeasterly to 32 °58′40.5″ N, 118°29′15.5″ W (point C), thence southwesterly to 32°57′54.0″ N, 118°31′17.2″ W (point D), thence northwesterly along the shoreline of San Clemente Island to the place of beginning.
(b)
(a)
(b)
(1) All waters, extending from the surface to the sea floor, within a 500 yard radius around any liquefied hazardous gas (LHG) tank vessel that is
(2) The shore area and all waters, extending from the surface to the sea floor, within a 500 yard radius around any LHG tank vessel that is moored, or in the process of mooring, at any berth within the Los Angeles or Long Beach port areas inside the Federal breakwaters bounding San Pedro Bay;
(3) All waters, extending from the surface to the sea floor, within 1000 yards ahead and 500 yards on each side and astern of any LHG tank vessel that is underway either on the waters inside the Federal breakwaters bounding San Pedro Bay or on the waters within three nautical miles seaward of the Federal breakwaters.
(c)
(2) Persons desiring to transit the area of the security zone may contact the Captain of the Port at telephone number (800) 221-USCG (8724) or on VHF-FM channel 16 (156.8 MHz) to seek permission to transit the area. If permission is granted, all persons and vessels shall comply with the instructions of the Captain of the Port or his or her designated representative.
(3) When any LHG tank vessels approach within 500 yards of a vessel that is moored or anchored, the stationary vessel must stay moored or anchored while it remains within the LHG tank vessel's security zone unless it is either ordered by or given permission from the Captain of the Port Los Angeles-Long Beach to do otherwise.
(d)
(e)
(a)
(b)
(c)
(2) The San Pedro Bay RNA consists of the following named sub-areas, defined by lines connecting their respective geographic coordinates:
(i)
(ii)
(iii)
(iv)
(v)
(d)
(1) A vessel shall not exceed a speed of 12 knots through the water within the RNA.
(2) A vessel navigating within the RNA, shall have its engine(s) ready for immediate maneuver and shall operate its engine(s) in a control mode and on fuel that will allow for an immediate response to any engine order, ahead or astern, including stopping its engine(s) for an extended period of time.
(3) A vessel navigating within the RNA shall maintain a minimum separation from other vessels of at least 0.25 nm.
(e)
(ii) Vessels entering the Los Angeles Pilot Area shall pass directly through without stopping or loitering except as necessary to embark or disembark a pilot.
(2)
(ii) Vessels entering the Long Beach Pilot Area shall pass directly through without stopping or loitering except as necessary to embark or disembark a pilot.
(iii) Every vessel shall leave Long Beach Approach Lighted Whistle Buoy “LB” to port when entering and departing Long Beach Channel and departing vessels shall pass across the southern boundary of the Long Beach Pilot Area.
(3)
(4)
(5) Vessels described in paragraph (d) of this section may not enter the waters between Commercial Anchorage G and the Middle Breakwater as defined by an area enclosed by the line beginning at Los Angeles Main Channel Entrance Light 2 (33°42.70′ N, 118°14.70′ W), thence east along the Middle Breakwater to Long Beach Light (33°43.40′ N, 118°11.20′ W), thence south to (33°43.08′ N, 118°11.26′ W), thence westerly to (33°43.08′ N, 118°12.26′ W), thence southwesterly parallel to the breakwater to (33°42.43′ N, 118°14.30′ W), thence to the point of origin, unless such vessel is:
(i) In an emergency;
(ii) Proceeding to anchor in or departing Commercial Anchorage G;
(iii) Standing by with confirmed pilot boarding arrangements; or,
(iv) Engaged in towing vessels to or from Commercial Anchorage G, or to or from the waters between Commercial Anchorage G and the Middle Breakwater.
(a)
(b)
(1) All waters, extending from the surface to the sea floor, within a 100 yard radius around any cruise ship that is anchored at a designated anchorage either inside the Federal breakwaters bounding San Pedro Bay or outside at designated anchorages within 3 nautical miles of the Federal breakwaters;
(2) The shore area and all waters, extending from the surface to the sea floor, within a 100 yard radius around any cruise ship that is moored, or is in the process of mooring, at any berth within the Los Angeles or Long Beach port areas inside the Federal breakwaters bounding San Pedro Bay; and
(3) All waters, extending from the surface to the sea floor, within 200 yards ahead, and 100 yards on each side and astern of a cruise ship that is underway either on the waters inside the Federal breakwaters bounding San Pedro Bay or on the waters within 3 nautical miles seaward of the Federal breakwaters.
(c)
(2) Persons desiring to transit the area of the security zone may contact the Captain of the Port at telephone number 1-800-221-USCG (8724) or on VHF-FM channel 16 (156.8 MHz) to seek permission to transit the area. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port or his or her designated representative.
(3) When a cruise ship approaches within 100 yards of a vessel that is moored, or anchored, the stationary vessel must stay moored or anchored while it remains within the cruise ship's security zone unless it is either ordered by, or given permission from, the COTP Los Angeles-Long Beach to do otherwise.
(d)
(e)
(a)
(b)
(2) Persons desiring to transit the area of the security zone may contact the Captain of the Port at telephone number 1-800-221-8724 or on VHF-FM channel 16 (156.8 MHz). If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port or his or her designated representative.
(c)
(a)
(1) In the water area of Copper Canyon, Lake Havasu, Colorado River, beginning at the approximate center of the mouth of Copper Canyon and drawing a line down the approximate center of the canyon extending shoreward to the end of the navigable waters of the canyon, and comprising a semi-rectangular area extending 30 feet on each side of the line, for a total semi-rectangular width of 60 feet.
(2) This line is more precisely described as: beginning at latitude 34°25′67.6″N, longitude 114°18′38.5″W, thence southwesterly to latitude 34°25′64″N, longitude 114°18′45.7″W, thence northwesterly to latitude
(b)
(1)
(2)
(c)
(2) During periods of vessels congestion within the Copper Canyon area, as determined by the Captain of the Port or his or her designated on-scene representative, the regulated navigation area will be closed to all vessels, with the exception of patrol vessels. During designated closure periods, no vessel may enter, remain in, or transit through the regulated navigation area, with the exception of patrol vessels. Designation of periods of vessel congestion and announcement of the closure of the regulated navigation area will be conducted by broadcast notices to mariners on VHF-FM Channel 16 no less frequently than every hour for the duration of the closure period.
(3) Each person in the regulated navigation area shall comply with the directions of the Captain of the Port or his or her designated on-scene representative regarding vessel operation.
(a)
(b)
(c)
(ii) The San Francisco Bay RNA consists of the following defined sub-areas:
(A)
(
(
(B)
(C)
(
(
(D)
(E)
(F)
(2)
(3)
(4)
(5)
(6)
(i) The waters bounded by a line connecting the following coordinates, beginning at:
(ii) The waters bounded by a line connecting the following coordinates, beginning at:
(7)
(d)
(2) A power-driven vessel of 1600 or more gross tons, or a tug with a tow of 1600 or more gross tons, navigating within the RNAs defined in paragraph (c) of this section, shall have its engine(s) ready for immediate maneuver and shall operate its engine(s) in a control mode and on fuel that will allow for an immediate response to any engine order, ahead or astern, including stopping its engine(s) for an extended period of time.
(3) The master, pilot or person directing the movement of a vessel within the RNAs defined in paragraph (c) of this regulation shall comply with Rule 9 of the Inland Navigation Rules (INRs) (33 U.S.C. 2009) in conjunction with the provisions of the associated INRs.
(e)
(ii) A power-driven vessel of 1600 or more gross tons, or a tug with a tow of 1600 or more gross tons, shall:
(A) use the appropriate traffic lane and proceed in the general direction of traffic flow for that lane;
(B) use the Central Bay Deep Water Traffic Lane if eastbound with a draft of 45 feet or greater or westbound with a draft of 28 feet or greater;
(C) not enter the Central Bay Deep Water Traffic Lane when another power-driven vessel of 1600 or more gross tons or tug with a tow of 1600 or more gross tons is navigating therein when either vessel is:
(
(
(
(D) normally join or leave a traffic lane at the termination of the lane, but when joining or leaving from either side, shall do so at as small an angle to the general direction of traffic flow as practicable;
(E) so far as practicable keep clear of the Central Bay Separation Zone and the Deep Water Lane Separation Zone;
(F) not cross a traffic lane separation zone unless crossing, joining, or leaving a traffic lane.
(2)
(ii) A power-driven vessel of 1600 or more gross tons or a tug with a tow of 1600 or more gross tons shall not enter Pinole Shoal Channel RNA when another power-driven vessel of 1600 or more gross tons or tug with a tow of 1600 or more gross tons is navigating therein when either vessel is:
(A) carrying certain dangerous cargoes (as denoted in section 160.203 of this subchapter);
(B) carrying bulk petroleum products; or
(C) a tank vessel in ballast if such entry would result in meeting, crossing, or overtaking the other vessel.
(iii) Vessels permitted to use this channel shall proceed at a reasonable speed so as not to endanger other vessels or interfere with any work which may become necessary in maintaining, surveying, or buoying the channel, and they shall not anchor in the channel except in case of a deviation authorized under paragraph (b) of this section.
(iv) This paragraph shall not be construed as prohibiting any necessary use of the channel by any public vessels while engaged in official duties, or in emergencies by pilot boats.
(3)
(A) When eastbound, shall not transit through the RNA.
(B) When westbound:
(
(
(
(ii) Visibility is considered to be 1000 yards or greater when both the following geographical points can be seen from the Southern Pacific Railroad Bridge:
(A) The Port of Benecia Pier, and
(B) The Shell Martinez Pier.
(4)
(5)
At 67 FR 38374, July 24, 2001, paragraph (c)(7) was revised. Because of inaccurate amendatory language, this amendment could not be made.
(a)
(1) All waters 200 yards ahead and astern and 100 yards to each side of every vessel transporting nuclear materials on behalf of the United States Department of Energy while such vessels transit from a line drawn between San Francisco Main Ship Channel buoys 7 and 8 (LLNR 4190 & 4195, positions 37°46.9′N, 122°35.4′W & 37°46.5′N, 122°35.2′W, respectively) until safely moored at the Weapons Support Facility Seal Beach Detachment Concord on Suisun Bay (position 38°03.3′N, 122°02.5′W). All coordinates referenced use datum: NAD 1983.
(2) All waters within 100 yards of such vessels described in paragraph (a)(1) of this section while such vessels are conducting cargo operations at the Weapons Support Facility Seal Beach Detachment Concord.
(b)
(c)
(d)
(a)
(b)
(1) All waters, extending from the surface to the sea floor, within a 100-yard radius around any cruise ship and tank ship that is anchored at a designated anchorage within the San Francisco Bay and Delta port areas shoreward of the line drawn between San Francisco Main Ship Channel buoys 7 and 8 (LLNR 4190 & 4195, positions 37°46.9′ N, 122°35.4′ W and 37°46. 5′ N, 122°35.2′ W, respectively);
(2) The shore area and all waters, extending from the surface to the sea floor, within a 100-yard radius around any cruise ship and tank ship that is moored, or in the process of mooring, at any berth within the San Francisco Bay and Delta port areas shoreward of the line drawn between San Francisco Main Ship Channel buoys 7 and 8 (LLNR 4190 & 4195, positions 37°46.9′ N, 122°35.4′ W and 37°46. 5′ N, 122°35.2′ W, respectively); and
(3) All waters, extending from the surface to the sea floor within a 100-yard radius around any cruise ship and/or tank ship that is underway shoreward of the line drawn between San Francisco Main Ship Channel buoys 7 and 8 (LLNR 4190 & 4195, positions 37°46.9′ N, 122°35.4′ W and 37°46. 5′ N, 122°35.2′ W, respectively).
(c)
(2) Persons desiring to transit the area of the security zone may contact the Captain of the Port at telephone number 510-437-3073 or on VHF-FM channel 16 (156.8 MHz) to seek permission to transit the area. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port or his or her designated representative.
(3) When a cruise ship and/or tank vessel approaches within 100 yards of a vessel that is moored, or anchored, the stationary vessel must stay moored or anchored while it remains within the cruise ship's and/or tank vessel's security zone unless it is either ordered by, or given permission from, the COTP San Francisco Bay to do otherwise.
(d)
(e)
(a)
(b)
(1) In accordance with the general regulations in § 165.23 of this part, entering into, transiting through, or anchoring within these zones is prohibited, unless authorized by the Patrol Commander.
(2) Each person in a safety zone who receives notice of a lawful order or direction issued by an official patrol vessel shall obey the order or direction.
(3) The Patrol Commander (PATCOM) is empowered to forbid and control the movement of all vessels in the regulated area. The Patrol Commander shall be designated by the Commander, Coast Guard Group San Francisco; will be a U.S. Coast Guard commissioned officer, warrant officer or petty officer to act as the Group Commander's official representative; and will be located aboard the lead official patrol vessel.
(4) The Patrol Commander may, upon request, allow the transit of commercial vessels through regulated areas when it is safe to do so.
(a) The following definitions apply to this section:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(b)
(c) The large passenger vessel security and safety zone established by this section remains in effect at all times, whether the large passenger vessel is underway, anchored, or moored.
(d) The Navigation Rules shall apply at all times within a large passenger vessel security and safety zone.
(e) All vessels within a large passenger vessel security and safety zone shall operate at the minimum speed necessary to maintain a safe course and shall proceed as directed by the on-scene official patrol or large passenger vessel master. No vessel or person is allowed within 100 yards of a large passenger vessel, unless authorized by the on-scene official patrol or large passenger vessel master.
(f) To request authorization to operate within 100 yards of a large passenger vessel, contact the on-scene official patrol or large passenger vessel master on VHF-FM channel 16 or 13.
(g) When conditions permit, the on-scene official patrol or large passenger vessel master should:
(1) Permit vessels constrained by their navigational draft or restricted in their ability to maneuver to pass within 100 yards of a large passenger vessel in order to ensure a safe passage in accordance with the Navigation Rules; and
(2) Permit commercial vessels anchored in a designated anchorage area to remain at anchor within 100 yards of a passing large passenger vessel; and
(3) Permit vessels that must transit via a navigable channel or waterway to pass within 100 yards of a moored or anchored large passenger vessel with minimal delay consistent with security.
(h) When a large passenger vessel approaches within 100 yards of a vessel that is moored, or anchored in a designated anchorage, the stationary vessel must stay moored or anchored while it remains with in the large passenger vessel's safety and security zone unless it is either ordered by, or given permission by the Captain of the Port Puget Sound, his designated representative or the on-scene official patrol to do otherwise.
(i)
(j)
(k)
(l)
By CGD13-03-003, 68 FR 15377, Mar. 31, 2003, temporary § 165.T13-002 was added, effective Feb. 8, 2003 to Aug. 8, 2003.
(a) The following definitions apply to this section:
(b)
(c) The large passenger vessel security and safety zone established by this section remains in effect at all times, whether the large passenger vessel is underway, anchored, or moored.
(d) The Navigation Rules shall apply at all times within a large passenger vessel security and safety zone.
(e) All vessels within a large passenger vessel security and safety zone shall operate at the minimum speed necessary to maintain a safe course and shall proceed as directed by the on-scene official patrol or large passenger vessel master. No vessel or person is allowed within 100 yards of a large passenger vessel, unless authorized by the on-scene official patrol or large passenger vessel master.
(f) To request authorization to operate within 100 yards of a large passenger vessel, contact the on-scene official patrol or large passenger vessel master on VHF-FM channel 16 or 13.
(g) When conditions permit, the on-scene official patrol or large passenger vessel master should:
(1) Permit vessels constrained by their navigational draft or restricted in their ability to maneuver to pass within 100 yards of a large passenger vessel in order to ensure a safe passage in accordance with the Navigation Rules; and
(2) Permit commercial vessels anchored in a designated anchorage area to remain at anchor within 100 yards of a passing large passenger vessel; and
(3) Permit vessels that must transit via a navigable channel or waterway to pass within 100 yards of a moored or anchored large passenger vessel with minimal delay consistent with security.
(h) When a large passenger vessel approaches within 100 yards of a vessel that is moored, or anchored in a designated anchorage, the stationary vessel must stay moored or anchored while it remains within the large passenger vessel's security and safety zone unless it is either ordered by, or given permission by the Captain of the Port Portland, his designated representative or the on-scene official patrol to do otherwise.
(i)
(j)
(k)
By CGD13-03-012, 68 FR 23392, May 1, 2003, § 165.T13-006 was added, effective Mar. 12, 2003 to Sept. 12, 2003.
The following is a regulated navigation area—All of the following northwestern Washington waters under the jurisdiction of the Captain of the Port, Puget Sound: Puget Sound, Hood Canal, Possession Sound, Elliott Bay, Commencement Bay, the San Juan Archipelago, Rosario Strait, Guemes Channel, Bellingham Bay, U.S. waters of the Strait of the Strait of Juan de Fuca, Haro Strait, Boundary Pass, and Georgia Strait, and all lesser bays and harbors adjacent to the above.
(a) Definitions as used in this section:
(1)
(2)
(b) Nothing in this section shall be construed as relieving any party from their responsibility to comply with applicable rules set forth in the 72 COLREGS.
(c) General Regulations: The provisions of this paragraph apply at all times.
(1) Vessels engaged in fishing or other operations—that are distinct from vessels following a TSS or a connecting precautionary area east of New Dungeness and which are not required by the Bridge to Bridge Radiotelephone Regulations to maintain a listening watch, are highly encouraged to maintain a listening watch on the Puget Sound Vessel Traffic Service (PSVTS) VHF-FM radio frequency for the area in which the vessel is operating. A safe alternative to the radio listening watch is to stay clear of the TSS and connecting precautionary area.
(2) Vessels engaged in gill net fishing at any time between sunset and sunrise in any of the waters defining the regulated navigation are of this section shall, in addition to the navigation lights and shapes required by Part 81 of this title (72 COLREGS), display at the end of the net most distant from the vessel on all-round (32-point) white light visible for a minimum of two nautical miles and displayed from at least three feet above the surface of the water.
(3) Vessels engaged in fishing, including gillnet and purse seine fishing, are prohibited in the following Prohibited Fishing Area: The Hood Canal Bridge, to include the waters within a one-half nautical mile radius of the center of the main ship channel draw span during the immediate approach and transit of the draw by public vessels of the United States.
(4) East of New Dungeness, vessels engaged in fishing in a traffic lane or connecting precautionary area shall tend nets or other gear placed in the water so as to facilitate the movement of the vessel or gear from the traffic lane or precautionary area upon the approach of a vessel following the TSS.
(d) Congested Regulations: The provisions under this paragraph apply only when imposed in specific locations by Puget Sound Vessel Traffic Service. They are intended to enhance vessel traffic safety during periods and in locations where hazardous levels of vessel traffic congestion are deemed to exist by Puget Sound Vessel Traffic Service. Operations potentially creating vessel traffic congestion include, but are not limited to, vessels engaged in fishing, including gillnet or purse seine, recreational fishing derbies, regattas, or permitted marine events.
(1) Vessels engaged in fishing or other operations—that are distinct from vessels following a Traffic Separation Scheme (TSS) or a connecting precautionary area east of New Dungeness, may not remain in, nor their gear remain in, a traffic lane or a connecting precautionary area east of New Dungeness when a vessel following a TSS approaches. Such vessels not following a TSS or a connecting precautionary area shall draw in their gear, maneuver, or otherwise clear these areas so that their action is complete at least fifteen minutes before the arrival of a vessel following the TSS. Vessels which are required by this paragraph to remain clear of a connecting precautionary area east of New
(2) A vessel following the TSS may not exceed a speed of 11 knots through the water.
(3) Vessels engaged in fishing, including gillnet and purse seine fishing, are prohibited in the following Prohibited Fishing Area: Edmonds/Kingston ferry crossing lanes, to include the waters within one-quarter nautical mile on either side of a straight line connecting the Edmonds and Kingston ferry landings during the hours that the ferry is operating.
(e) Authorization to deviate from this section.
(1) Commander, Thirteenth Coast Guard District may, upon written request, issue an authorization to deviate from this section if the proposed deviation provides a level of safety equivalent to or beyond that provided by the required procedure. An application for authorization must state the need for the deviation and describe the proposed alternative operation.
(2) PSVTS may, upon verbal request, authorize a deviation from this section for a voyage, or part of a voyage, if the proposed deviation provides a level of safety equivalent to or beyond that provided by the required procedure. The deviation request must be made well in advance to allow the requesting vessel and the Vessel Traffic Center (VTC) sufficient time to assess the safety of the proposed deviation. Discussions between the requesting vessel and the VTC should include, but are not limited to, information on vessel handling characteristics, traffic density, radar contracts, and environmental conditions.
(3) In an emergency, the master, pilot, or person directing the movement of the vessel following the TSS may deviate from this section to the extent necessary to avoid endangering persons, property, or the environment, and shall report the deviation to the VTC as soon as possible.
(a)
(b)
(c)
(i) Public vessels of the United States, other than United States Naval vessels.
(ii) Vessels that are performing work at Naval Submarine Base Bangor pursuant to a contract with the United States Navy which requires their presence in the security zone.
(iii) Any other vessels or class of vessels mutually agreed upon in advance by the Captain of the Port and Commanding Officer, Naval Submarine Base Bangor. Vessels operating in the security zone under this exemption must have previously obtained a copy of a certificate of exemption permitting their operation in the security zone from the Security Office, Naval Submarine Base Bangor. This written exemption shall state the date(s) on which it is effective and may contain any further restrictions on vessel operations within the security zone as have been previously agreed upon by the Captain of the Port and Commanding Officer, Naval Submarine Base Bangor. The certificate of exemption shall be
(2) Any vessel authorized to enter or remain in the security zone may anchor in the security zone anchorage.
(3) Other vessels desiring access to this zone shall secure permission from the Captain of the Port through the Security Office of the Naval Submarine Base Bangor. The request shall be forwarded in a timely manner to the Captain of the Port by the appropriate Navy official.
(d)
(a) The following is a regulated navigation area: the waters of the United States east of a line extending from Discovery Island Light to New Dungeness Light and all points in the Puget Sound area north and south of these lights.
(b)
(2) Commander, Thirteenth Coast Guard District may, upon written request, issue an authorization to deviate from paragraph (b)(1) of this section if it is determined that such deviation provides an adequate level of safety. Any application for authorization must state the need and fully describe the proposed procedure.
(c)
The center of precautionary area “RB” is not marked by a buoy.
(2) The Puget Sound Vessel Traffic Service (PSVTS) may, upon verbal request, authorize a onetime deviation from paragraph (c)(1) of this section for a voyage, or part of a voyage, if the proposed deviation provides a level of safety equivalent to or beyond that provided by the required procedure. The deviation request must be made well in advance to allow the requesting vessel and the Vessel Traffic Center (VTC) sufficient time to assess the safety of the proposed deviation. Discussions between the requesting vessel and the VTC should include, but are not limited to, information on the vessel handling characteristics, traffic density, radar contacts, and environmental conditions.
(3) In an emergency, the master, pilot, or person directing the movement of the vessel may deviate from paragraph (c)(1) of this section to the extent necessary to avoid endangering persons, property, or the environment, and shall report the deviation to the VTC as soon as possible.
(a)
(b)
(c)
(a)
(b)
(c)
(a)
(b)
(c)
(a)
(b)
(c)
(a)
(b)
(c)
(a)
(b)
(c)
(a) The following area is a Regulated Navigation Area (RNA): From 48°02.25′N, 124°42.1′W northward along the mainland shoreline of Washington State to Cape Flattery and thence eastward along the mainland shoreline of Washington State to 48°22′N, 124°34′W; thence due north to 48°24.55′N, 124°34′W; thence northwesterly to 48°27.1′N, 124°41.7′W; thence due west to 48°27.1′N, 124°45.5′W; thence southwesterly to 48°20.55′N, 124°51.05′W, thence west south west to 48°18.0′N 124°59.0′W, thence due south to 48°02.25′N, 124°59.0′W) thence due east back to the shoreline of Washington at 48°02.25′N, 124°42.1′W. Datum: NAD 1983.
(b) During a whale hunt, while the international numeral pennant five (5) is flown by a Makah whale hunt vessel, the following area within the RNA is a Moving Exclusion Zone: The column of water from the surface to the seabed with a radius of 500 yards centered on the Makah whale hunt vessel displaying international numeral pennant five (5). This Moving Exclusionary Zone is activated only when surface visibility exceeds one nautical mile, between sunrise and sunset, and the Makah whale hunt vessel displays the international numeral pennant five (5). The Moving Exclusionary Zone is deactivated upon sunset, visibility is reduced to less than one nautical mile, or when the Makah hunt vessel strikes international numeral pennant five (5).
(c) Unless otherwise authorized by the Commander, Thirteenth Coast Guard District or his or her representative, no person or vessel may enter the active Moving Exclusionary Zone except for:
(1) Authorized Makah whale hunt vessel actively engaged in hunting operations under direction of the master of the Makah vessel flying international numeral pennant five (5), and
(2) A single authorized media pool vessel operating in accordance with paragraph (f) of this section.
(d) The international numeral pennant five (5) is only authorized to be displayed from one Makah whale hunt vessel during actual whale hunt operations. No other vessels may display this pennant within the RNA at any time. Whale hunt operations commence when a whale hunt vessel is underway and its master intends to have a whale killed during the voyage. Whale hunt operations cease once this intent is abandoned, a whale is landed, or when the international numeral pennant five (5) is struck.
(e) The Makah Tribe shall make SECURITE broadcasts beginning one half hour before the commencement of a hunt and every half hour thereafter until hunting activities are concluded. This broadcast shall be made on channel 16 VHF-FM and state:
A whale hunt is proceeding today within the Regulated Navigation Area established for Makah whaling activities. The (name of vessel) is a (color and description of vessel) and will be flying international numeral pennant five (5) while engaged in whaling operations. This pennant is yellow and blue in color. Mariners are required by federal regulation to stay 500 yards away from (name of vessel), and are strongly urged to remain even further away from whale hunt activities as an additional safety measure.
(f)(1) Credentialed members of the media interested in entering the Moving Exclusionary Zone may request permission to operate a single media vessel in the Moving Exclusionary Zone by telephoning Coast Guard Public Affairs, as soon as practicable at (206) 220-7237 during normal working hours, and (206) 220-7001 after hours. Coast Guard preauthorization is required prior to entry into the Moving Exclusionary Zone by a single media pool vessel.
(2) The media pool vessel must be a U.S. documented vessel. The media pool vessel must be under command at all times within the Moving Exclusionary zone by a master licensed in the U.S. to carry passenger for hire. All expenses, liabilities and risks associated with operation of the media pool vessel lie with members of the pool and the pool vessel owners and operators.
(3) The master of the media pool vessel shall maneuver to avoid positioning the pool vessel between whales and hunt vessel(s), out of the line of fire, at a prudent distance and location relative to whale hunt operations, and in a manner that avoids hindering the hunt or path of the whale in any way.
(4) Although permitted to maneuver within the Moving Exclusionary Zone, personnel aboard the media pool vessel are still required to follow safety and law enforcement related instructions of Coast Guard personnel.
(a)
(b)
(c)
(a)
(b)
(c)
(d)