[Title 33 CFR P]
[Code of Federal Regulations (annual edition) - July 1, 2005 Edition]
[Title 33 - NAVIGATION AND NAVIGABLE WATERS]
[Chapter I - COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)]
[Subchapter P - PORTS AND WATERWAYS SAFETY]
[From the U.S. Government Printing Office]


33NAVIGATION AND NAVIGABLE WATERS22005-07-012005-07-01falsePORTS AND WATERWAYS SAFETYPSUBCHAPTER PNAVIGATION AND NAVIGABLE WATERSCOAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
                 SUBCHAPTER P_PORTS AND WATERWAYS SAFETY





PART 160_PORTS AND WATERWAYS SAFETY_GENERAL--Table of Contents




                            Subpart A_General

Sec.
160.1 Purpose.
160.3 Definitions.
160.5 Delegations.
160.7 Appeals.

           Subpart B_Control of Vessel and Facility Operations

160.101 Purpose.
160.103 Applicability.
160.105 Compliance with orders.
160.107 Denial of entry.
160.109 Waterfront facility safety.
160.111 Special orders applying to vessel operations.
160.113 Prohibition of vessel operation and cargo transfers.
160.115 Withholding of clearance.

 Subpart C_Notifications of Arrival, Hazardous Conditions, and Certain 
                            Dangerous Cargoes

160.201 General.
160.202 Applicability.
160.203 Exemptions.
160.204 Definitions.
160.206 Information required in an NOA.
160.208 Changes to a submitted NOA.
160.210 Methods for submitting an NOA.
160.212 When to submit an NOA.
160.214 Waivers.
160.215 Notice of hazardous conditions.

    Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. Chapter 701; Department 
of Homeland Security Delegation No. 0170.1. Subpart D is also issued 
under the authority of 33 U.S.C. 125 and 46 U.S.C. 3715.

    Source: CGD 79-026, 48 FR 35404, Aug. 4, 1983, unless otherwise 
noted.



                            Subpart A_General



Sec. 160.1  Purpose.

    (a) This subchapter contains regulations implementing the Ports and 
Waterways Safety Act (33 U.S.C. 1221) and related statutes.



Sec. 160.3  Definitions.

    For the purposes of this subchapter:
    Bulk means material in any quantity that is shipped, stored, or 
handled without the benefit of package, label, mark or count and carried 
in integral or fixed independent tanks.
    Captain of the Port means the Coast Guard officer designated by the 
Commandant to command a Captain of the Port Zone as described in part 3 
of this chapter.
    Commandant means the Commandant of the United States Coast Guard.
    Commanding Officer, Vessel Traffic Services means the Coast Guard 
officer designated by the Commandant to command a Vessel Traffic Service 
(VTS) as described in part 161 of this chapter.
    Deviation means any departure from any rule in this subchapter.
    District Commander means the Coast Guard officer designated by the 
Commandant to command a Coast Guard District as described in part 3 of 
this chapter.
    ETA means estimated time of arrival.
    Length of Tow means, when towing with a hawser, the length in feet 
from the stern of the towing vessel to the stern of the last vessel in 
tow. When pushing ahead or towing alongside, length of tow means the 
tandem length in feet of the vessels in tow excluding the length of the 
towing vessel.
    Person means an individual, firm, corporation, association, 
partnership, or governmental entity.
    State means each of the several States of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, Guam, American 
Samoa, the United States Virgin Islands, the Trust Territories of the 
Pacific Islands, the Commonwealth of the Northern Marianas Islands, and 
any other commonwealth, territory, or possession of the United States.
    Tanker means a self-propelled tank vessel constructed or adapted 
primarily to carry oil or hazardous materials in bulk in the cargo 
spaces.
    Tank Vessel means a vessel that is constructed or adapted to carry, 
or that carries, oil or hazardous material in bulk as cargo or cargo 
residue.
    Vehicle means every type of conveyance capable of being used as a 
means of transportation on land.

[[Page 568]]

    Vessel means every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water.
    Vessel Traffic Services (VTS) means a service implemented under Part 
161 of this chapter by the United States Coast Guard designed to improve 
the safety and efficiency of vessel traffic and to protect the 
environment. The VTS has the capability to interact with marine traffic 
and respond to traffic situations developing in the VTS area.
    Vessel Traffic Service Area or VTS Area means the geographical area 
encompassing a specific VTS area of service as described in Part 161 of 
this chapter. This area of service may be subdivided into sectors for 
the purpose of allocating responsibility to individual Vessel Traffic 
Centers or to identify different operating requirements.
    Note: 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.
    VTS Special Area means a waterway within a VTS area in which special 
operating requirements apply.

[CGD 90-020, 59 FR 36323, July 15, 1994]



Sec. 160.5  Delegations.

    (a) District Commanders and Captains of the Ports are delegated the 
authority to establish safety zones.
    (b) Under the provisions of Sec. Sec. 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 Sec. 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.

[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by CGD 88-037, 53 FR 
21815, June 10, 1988; CGD 90-020, 59 FR 36324, July 15, 1994]



Sec. 160.7  Appeals.

    (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

[[Page 569]]

District Commander may, as a matter of discretion, allow oral 
presentation on the issues.
    (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.

[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by CGD 88-052, 53 FR 
25122, July 1, 1988; CGD 96-026, 61 FR 33668, June 28, 1996; CGD 97-023, 
62 FR 33364, June 19, 1997; USCG-2002-12471, 67 FR 41333, June 18, 2002]



           Subpart B_Control of Vessel and Facility Operations



Sec. 160.101  Purpose.

    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.



Sec. 160.103  Applicability.

    (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.



Sec. 160.105  Compliance with orders.

    Each person who has notice of the terms of an order issued under 
this subpart must comply with that order.

[[Page 570]]



Sec. 160.107  Denial of entry.

    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.



Sec. 160.109  Waterfront facility safety.

    (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.

[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by USCG-1998-3799, 63 
FR 35531, June 30, 1998]



Sec. 160.111  Special orders applying to vessel operations.

    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 Sec. 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.



Sec. 160.113  Prohibition of vessel operation and cargo transfers.

    (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

[[Page 571]]

the district or zone of that District Commander or Captain of the Port, 
if the owner or operator of such vessel proves to the satisfaction of 
the District Commander or Captain of the Port, that the vessel is not 
unsafe or does not pose a threat to the marine environment, and that 
such entry is necessary for the safety of the vessel or the persons on 
board.
    (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.

[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by CGD 96-026, 61 FR 
33668, June 28, 1996; USCG-1998-3799, 63 FR 35531, June 30, 1998]



Sec. 160.115  Withholding of clearance.

    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.

[CGD 79-026, 48 FR 35404, Aug. 4, 1983; 48 FR 39059, Aug. 29, 1983, as 
amended by USCG-1998-3799, 63 FR 35531, June 30, 1998]



  Subpart C_Notification of Arrival, Hazardous Conditions, and Certain 
                            Dangerous Cargos

    Source: USCG-2002-11865, 68 FR 9543, Feb. 28, 2003, unless otherwise 
noted.



Sec. 160.201  General.

    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.



Sec. 160.202  Applicability.

    (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 et seq.
    (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.



Sec. 160.203  Exemptions.

    (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

[[Page 572]]

zero on the Mobile River and all other tributaries between those two 
points.
    (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 foreign 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).

[USCG-2002-11865, 68 FR 9543, Feb. 28, 2003, as amended by USCG-2003-
14749, 68 FR 39313, July 1, 2003; 68 FR 63735, Nov. 10, 2003]

    Effective Date Note: By USCG-2002-11865, 68 FR 27908, May 22, 2003, 
in Sec. 160.203, paragraphs (d) and (e) were suspended, effective May 
22, 2003.



Sec. 160.204  Definitions.

    As used in this subpart:
    Agent means any person, partnership, firm, company or corporation 
engaged by the owner or charterer of a vessel to act in their behalf in 
matters concerning the vessel.
    Barge means a non-self propelled vessel engaged in commerce.
    Carried in bulk means a commodity that is loaded or carried on board 
a vessel without containers or labels and received and handled without 
mark or count.
    Certain dangerous cargo (CDC) includes any of the following:
    (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).
    (9) Ammonium nitrate and ammonium nitrate based fertilizers, in 
bulk, listed as a Division 5.1 material in 49 CFR 172.101.
    (10) Propylene oxide, alone or mixed with ethylene oxide, in bulk.

[[Page 573]]

    Charterer means the person or organization that contracts for the 
majority of the carrying capacity of a ship for the transportation of 
cargo to a stated port for a specified period. This includes ``time 
charterers'' and ``voyage charterers.''
    Crewmember means all persons carried on board the vessel to provide 
navigation and maintenance of the vessel, its machinery, systems, and 
arrangements essential for propulsion and safe navigation or to provide 
services for other persons on board.
    Great Lakes means Lakes Superior, Michigan, Huron, Erie, and 
Ontario, their connecting and tributary waters, the Saint Lawrence River 
as far as Saint Regis, and adjacent port areas.
    Gross tons means the tonnage determined by the tonnage authorities 
of a vessel's flag state in accordance with the national tonnage rules 
in force before the entry into force of the International Convention on 
Tonnage Measurement of Ships, 1969 (``Convention''). For a vessel 
measured only under Annex I of the Convention, gross tons means that 
tonnage. For a vessel measured under both systems, the higher gross 
tonnage is the tonnage used for the purposes of the 300-gross-ton 
threshold.
    Hazardous condition means any condition that may adversely affect 
the safety of any vessel, bridge, structure, or shore area or the 
environmental quality of any port, harbor, or navigable waterway of the 
United States. It may, but need not, involve collision, allision, fire, 
explosion, grounding, leaking, damage, injury or illness of a person 
aboard, or manning-shortage.
    Nationality means the state (nation) in which a person is a citizen 
or to which a person owes permanent allegiance.
    Operator means any person including, but not limited to, an owner, a 
charterer, or another contractor who conducts, or is responsible for, 
the operation of a vessel.
    Persons in addition to crewmembers mean any person onboard the 
vessel, including passengers, who are not included on the list of 
crewmembers.
    Port or place of departure means any port or place in which a vessel 
is anchored or moored.
    Port or place of destination means any port or place in which a 
vessel is bound to anchor or moor.
    Public vessel means a vessel that is owned or demise-(bareboat) 
chartered by the government of the United States, by a State or local 
government, or by the government of a foreign country and that is not 
engaged in commercial service.
    Time charterer means the party who hires a vessel for a specific 
amount of time. The owner and his crew manage the vessel, but the 
charterer selects the ports of destination.
    Voyage charterer means the party who hires a vessel for a single 
voyage. The owner and his crew manage the vessel, but the charterer 
selects the ports of destination.

    Effective Date Note: By USCG-2003-16688, 69 FR 51181, Aug. 18, 2004, 
Sec. 160.204 was amended in the definition for ``Certain dangerous 
cargo (CDC)'' by adding temporary paragraphs (9) and (10), effective 
Sept. 17, 2004 through Mar. 20, 2006.



Sec. 160.206  Information required in an NOA.

    (a) Each NOA must contain all of the information items specified in 
Table 160.206.

                                      Table 160.206--NOA Information Items
----------------------------------------------------------------------------------------------------------------
                                                                                      Vessels carrying CDC
                                                                               ---------------------------------
                                                                 Vessels not                      Towing vessels
                     Required information                        carrying CDC                      controlling
                                                                                    Vessels          vessels
                                                                                                   carrying CDC
----------------------------------------------------------------------------------------------------------------
(1) Vessel Information:
    (i) Name;................................................               X                X                X
    (ii) Name of the registered owner;.......................               X                X                X
    (iii) Country of registry;...............................               X                X                X
    (iv) Call sign;..........................................               X                X                X

[[Page 574]]

 
    (v) International Maritime Organization (IMO)                           X                X                X
     international number or, if vessel does not have an
     assigned IMO international number, substitute with
     official number;........................................
    (vi) Name of the operator;...............................               X                X                X
    (vii) Name of the charterer; and.........................               X                X                X
    (viii) Name of classification society....................               X                X                X
(2) Voyage Information:
    (i) Names of last five ports or places visited;..........               X                X                X
    (ii) Dates of arrival and departure for last five ports                 X                X                X
     or places visited;......................................
    (iii) For each port or place in the United States to be                 X                X                X
     visited list the names of the receiving facility, the
     port or place, the city, and the state;.................
    (iv) For each port or place in the United States to be                  X                X                X
     visited, the estimated date and time of arrival;........
    (v) For each port or place in the United States to be                   X                X                X
     visited, the estimated date and time of departure;......
    (vi) The location (port or place and country) or position               X                X                X
     (latitude and longitude or waterway and mile marker) of
     the vessel at the time of reporting; and................
    (vii) The name and telephone number of a 24-hour point of               X                X                X
     contact.................................................
(3) Cargo Information:
    (i) A general description of cargo, other than CDC,                     X                X                X
     onboard the vessel (e.g.: grain, container, oil, etc.);.
    (ii) Name of each certain dangerous cargo carried,         ...............               X                X
     including cargo UN number, if applicable; and...........
    (iii) Amount of each certain dangerous cargo carried.....  ...............               X                X
(4) Information for each Crewmember Onboard:
    (i) Full name;...........................................               X                X                X
    (ii) Date of birth;......................................               X                X                X
    (iii) Nationality;.......................................               X                X                X
    (iv) Passport or mariners document number (type of                      X                X                X
     identification and number);.............................
    (v) Position or duties on the vessel; and................               X                X                X
    (vi) Where the crewmember embarked (list port or place                  X                X                X
     and country)............................................
(5) Information for each Person Onboard in Addition to Crew:
    (i) Full name;...........................................               X                X                X
    (ii) Date of birth;......................................               X                X                X
    (iii) Nationality;.......................................               X                X                X
    (iv) Passport number; and................................               X                X                X
    (v) Where the person embarked (list port or place and                   X                X                X
     country)................................................
(6) Operational condition of equipment required by Sec. X                X                X
 164.35 of this chapter......................................
(7) International Safety Management (ISM) Code Notice:
    (i) The date of issuance for the company's Document of                  X                X                X
     Compliance certificate that covers the vessel;..........
    (ii) The date of issuance for the vessel's Safety                       X                X                X
     Management Certificate; and.............................
    (iii) The name of the Flag Administration, or the                       X                X                X
     recognized organization(s) representing the vessel flag
     administration, that issued those certificates..........
(8) Cargo Declaration (Customs Form 1302) as described in 19                X                X                X
 CFR 4.7.....................................................
(9) International Ship and Port Facility Code (ISPS) Notice
 *:
    (i) The date of issuance for the vessel's International                 X                X                X
     Ship Security Certificate (ISSC), if any;...............
    (ii) Whether the ISSC, if any, is an initial Interim                    X                X                X
     ISSC, subsequent and consecutive Interim ISSC, or final
     ISSC;...................................................
    (iii) Declaration that the approved ship security plan,                 X                X                X
     if any, is being implemented;...........................
    (iv) If a subsequent and consecutive Interim ISSC, the                  X                X                X
     reasons therefor;.......................................
    (v) The name and 24-hour contact information for the                    X                X                X
     Company Security Officer; and...........................
    (vi) The name of the Flag Administration, or the                        X                X                X
     recognized security organization(s) representing the
     vessel flag Administration that issued the ISSC.........
----------------------------------------------------------------------------------------------------------------
* The information required by items 9(i)-(iii) need not be submitted before January 1, 2004. All other
  information required by item 9 need not be submitted before July 1, 2004.


[[Page 575]]

    (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 and 
departure date for each destination of the voyage. Any vessel submitting 
a consolidated notice under this section must still meet the 
requirements of Sec. 160.208 of this part concerning requirements for 
changes to an NOA.

[USCG-2002-11865, 68 FR 9543, Feb. 28, 2003, as amended by USCG-2003-
14749, 68 FR 39313, July 1, 2003; 68 FR 63735, Nov. 10, 2003]

    Effective Date Note: By USCG-2002-11865, 68 FR 27908, May 22, 2003, 
in Sec. 160.206, in paragraph (a), item (8) in table 160.206 was 
suspended, effective May 22, 2003.



Sec. 160.208  Changes to a submitted NOA.

    (a) Unless otherwise specified in this section, when submitted NOA 
information changes, vessels must submit a notice of change within the 
times required in Sec. 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.



Sec. 160.210  Methods for submitting an NOA.

    (a) Submission to the National Vessel Movement Center (NVMC). Except 
as provided in paragraphs (b) and (c) of this section, all vessels 
required to submit NOA information in Sec. 160.206 (entries 1-7 to 
Table 160.206) to the NVMC, United States Coast Guard, 408 Coast Guard 
Drive, Kearneysville, WV, 25430, shall do so by:
    (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 SANS@NVMC.USCG.gov.
    Note to paragraph (a):
    Information about the National Vessel Movement Center is available 
on its Web site at http://www.nvmc.uscg.gov/. You may submit the notice 
using any electronic format available on the NVMC website.
    (b) Saint Lawrence Seaway transits. Those vessels transiting the 
Saint Lawrence Seaway inbound, bound for a port or place in the United 
States, may meet the submission requirements of paragraph (a) of this 
section by submitting the required information to the Saint Lawrence 
Seaway Development Corporation and the Saint Lawrence Seaway Management 
Corporation of Canada by fax at 315-764-3235 or at 315-764-3200. The 
Cargo Declaration (Customs Form 1302) in entry (8) in Table 160.206 must 
be submitted electronically to the USCS, as required by paragraph (d) of 
this section.
    (c) Seventh Coast Guard District. Those foreign vessels 300 or less 
gross tons operating in the Seventh Coast Guard District must submit an 
NOA to the cognizant Captain of the Port (COTP). The Cargo Declaration 
(Customs Form 1302) in entry (8) in Table 160.206 must be submitted 
electronically to the USCS, as required by paragraph (d) of this 
section.
    (d) Submission to the United States Customs Service's Sea Automated 
Manifest System (AMS).
    (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

[[Page 576]]

    (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.
    (e) Submission to the National Vessel Movement Center (NVMC). Except 
as provided in paragraphs (b) and (c) of this section, vessels must 
submit NOA information required by Sec. 160.206 (entries 1-9 to Table 
160.206) to the NVMC, United States Coast Guard, 408 Coast Guard Drive, 
Kearneysville, WV 25430, by:
    (1) Electronic submission via the electronic NOA (e-NOA) available 
on the NVMC web site at http://www.nvmc.uscg.gov;
    (2) Electronic submission via web service of formatted XML 
(eXtensible Markup Language) documents. E-mail sans@nvmc.uscg.gov to ask 
for the XML schema details;
    (3) E-mail at sans@nvmc.uscg.gov. Workbook available at http://
www.nvmc.uscg.gov;
    (4) Fax at 1-800-547-8724 or 304-264-2684. Workbook available at 
http://www.nvmc.uscg.gov; or,
    (5) Telephone at 1-800-708-9823 or 304-264-2502.

[USCG-2002-11865, 68 FR 9543, Feb. 28, 2003; 68 FR 63735, Nov. 10, 2003]

    Effective Date Note 1: By USCG-2002-11865, 68 FR 27908, May 22, 
2003, in Sec. 160.210, the last sentence of paragraph (b), the last 
sentence of paragraph (c), and paragraph (d) were suspended, effective 
May 22, 2003.

    Effective Date Note 2: By USCG-2003-16688, 69 FR 51181, Aug. 18, 
2004, Sec. 160.210 was amended by suspending paragraph (a) and adding 
temporary paragraph (e), effective Sept. 17, 2004 through Mar. 20, 2006.



Sec. 160.212  When to submit an NOA.

    (a) Submission of NOA. (1) Except as set out in paragraph (a)(2) of 
this section, all vessels must submit NOAs within the times required in 
paragraph (a)(3) of this section.
    (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:

------------------------------------------------------------------------
     If your voyage time is--             You must submit an NOA--
------------------------------------------------------------------------
(i) 96 hours or more; or.........  At least 96 hours before entering the
                                    port or place of destination; or
(ii) Less than 96 hours..........  Before departure but at least 24
                                    hours before entering the port or
                                    place of destination.
------------------------------------------------------------------------

    (b) Submission of changes to NOA. (1) Except as set out in paragraph 
(b)(2) of this section, vessels must submit changes in NOA information 
within the times required in paragraph (b)(3) of this section.
    (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:

------------------------------------------------------------------------
If your remaining voyage time is--   Then you must submit changes to an
                                                   NOA--
------------------------------------------------------------------------
(i) 96 hours or more;............  As soon as practicable but at least
                                    24 hours before entering the port or
                                    place of destination;
(ii) Less than 96 hours but not    As soon as practicable but at least
 less than 24 hours; or             24 hours before entering the port or
                                    place of destination; or
(iii) Less than 24 hours.........  As soon as practicable but at least
                                    12 hours before entering the port or
                                    place of destination.
------------------------------------------------------------------------

    (c) Submission of the Cargo Declaration (Customs Form 1302). (1) 
Except as set out in paragraph (c)(2) of this section, all vessels must 
submit to USCS the Cargo Declaration (Customs Form 1302) in entry (8) to 
Table 160.206, within the times required in paragraph (a)(3) of this 
section.
    (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

[[Page 577]]

least 24 hours before entering the U.S. port or place of destination.

[USCG-2002-11865, 68 FR 9543, Feb. 28, 2003; 68 FR 63735, Nov. 10, 2003]

    Effective Date Note: By USCG-2002-11865, 68 FR 27908, May 22, 2003, 
in Sec. 160.212, paragraph (c) was suspended, effective May 22, 2003.



Sec. 160.214  Waivers.

    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.



Sec. 160.215  Notice of hazardous conditions.

    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.)



PART 161_VESSEL TRAFFIC MANAGEMENT--Table of Contents




                    Subpart A_Vessel Traffic Services

                              General Rules

Sec.
161.1 Purpose and Intent.
161.2 Definitions.
161.3 Applicability.
161.4 Requirement to carry the rules.
161.5 Deviations from the rules.

           Services, VTS Measures, and Operating Requirements

161.10 Services.
161.11 VTS measures.
161.12 Vessel operating requirements.
161.13 VTS Special Area operating requirements.

               Subpart B_Vessel Movement Reporting System

161.15 Purpose and intent.
161.16 Applicability.
161.17 Definitions.
161.18 Reporting requirements.
161.19 Sailing Plan (SP).
161.20 Position Report (PR).
161.21 Automated reporting.
161.22 Final Report (FR).
161.23 Reporting exemptions.

 Subpart C_Vessel Traffic Service and Vessel Movement Reporting System 
                       Areas and Reporting Points

161.25 Vessel Traffic Service New York Area.
161.30 Vessel Traffic Service Louisville.
161.35 Vessel Traffic Service Houston/Galveston.
161.40 Vessel Traffic Service Berwick Bay.
161.45 Vessel Traffic Service St. Marys River.
161.50 Vessel Traffic Service San Francisco.
161.55 Vessel Traffic Service Puget Sound and the Cooperative Vessel 
          Traffic Service for the Juan de Fuca Region.
161.60 Vessel Traffic Service Prince William Sound.

    Authority: 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. 
0170.1.

    Source: CGD 90-020, 59 FR 36324, July 15, 1994, unless otherwise 
noted.



                    Subpart A_Vessel Traffic Services

                              General Rules



Sec. 161.1  Purpose and Intent.

    (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

[[Page 578]]

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 seamen, or by the special 
circumstances of the case.



Sec. 161.2  Definitions.

    For the purposes of this part:
    Cooperative Vessel Traffic Services (CVTS) means the system of 
vessel traffic management established and jointly operated by the United 
States and Canada within adjoining waters. In addition, CVTS facilitates 
traffic movement and anchorages, avoids jurisdictional disputes, and 
renders assistance in emergencies in adjoining United States and 
Canadian waters.
    Hazardous Vessel Operating Condition means any condition related to 
a vessel's ability to safely navigate or maneuver, and includes, but is 
not limited to:
    (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.
    Navigable waters means all navigable waters of the United States 
including the territorial sea of the United States, extending to 12 
nautical miles from United States baselines, as described in 
Presidential Proclamation No. 5928 of December 27, 1988.
    Precautionary Area means a routing measure comprising an area within 
defined limits where vessels must navigate with particular caution and 
within which the direction of traffic may be recommended.
    Towing Vessel means any commercial vessel engaged in towing another 
vessel astern, alongside, or by pushing ahead.
    Vessel Movement Center (VMC) means the shore-based facility that 
operates the vessel tracking system for a Vessel Movement Reporting 
System (VMRS) area or sector within such an area. The VMC does not 
necessarily have the capability or qualified personnel to interact with 
marine traffic, nor does it necessarily respond to traffic situations 
developing in the area, as does a Vessel Traffic Service (VTS).
    Vessel Movement Reporting System (VMRS) means a mandatory reporting 
system used to monitor and track vessel movements. This is accomplished 
by a vessel providing information under established procedures as set 
forth in this part in the areas defined in Table 161.12(c) (VTS and VMRS 
Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas).
    Vessel Movement Reporting System (VMRS) User means a vessel, or an 
owner, operator, charterer, Master, or person directing the movement of 
a vessel that is required to participate in a VMRS.
    Vessel Traffic Center (VTC) means the shore-based facility that 
operates the vessel traffic service for the Vessel

[[Page 579]]

Traffic Service area or sector within such an area.
    Vessel Traffic Services (VTS) means a service implemented by the 
United States Coast Guard designed to improve the safety and efficiency 
of vessel traffic and to protect the environment. The VTS has the 
capability to interact with marine traffic and respond to traffic 
situations developing in the VTS area.
    Vessel Traffic Service Area or VTS Area means the geographical area 
encompassing a specific VTS area of service. This area of service may be 
subdivided into sectors for the purpose of allocating responsibility to 
individual Vessel Traffic Centers or to identify different operating 
requirements.
    Note: 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.
    VTS Special Area means a waterway within a VTS area in which special 
operating requirements apply.
    VTS User means a vessel, or an owner, operator, charterer, master, 
or person directing the movement of a vessel, that is:
    (a) Subject to the Vessel Bridge-to-Bridge Radiotelephone Act; or
    (b) Required to participate in a VMRS within a VTS area (VMRS User).
    VTS User's Manual means the manual established and distributed by 
the VTS to provide the mariner with a description of the services 
offered and rules in force for that VTS. Additionally, the manual may 
include chartlets showing the area and sector boundaries, general 
navigational information about the area, and procedures, radio 
frequencies, reporting provisions and other information which may assist 
the mariner while in the VTS area.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGE 97-023, 62 FR 
33364, June 19, 1997; USCG-2003-14757, 68 FR 39364, July 1, 2003]



Sec. 161.3  Applicability.

    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.



Sec. 161.4  Requirement to carry the rules.

    Each VTS User shall carry on board and maintain for ready reference 
a copy of these rules.
    Note: 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.



Sec. 161.5  Deviations from the rules.

    (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 Director. Requests 
to deviate shall be made as far in advance as practicable. Upon receipt 
of the request, the VTS Director 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.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-2005-21531, 
70 FR 36350, June 23, 2005]

[[Page 580]]

           Services, VTS Measures, and Operating Requirements



Sec. 161.10  Services.

    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.



Sec. 161.11  VTS measures.

    (a) A VTS may issue measures or directions to enhance navigation and 
vessel safety and to protect the marine environment, such as, but not 
limited to:
    (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.



Sec. 161.12  Vessel operating requirements.

    (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 Sec. 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.
    Note to Sec. 161.12(c):
    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.

      Table 161.12(c).--VTS and VMRS Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas
----------------------------------------------------------------------------------------------------------------
                                              Designated frequency (Channel
         Center MMSI 1 Call Sign                 designation)--purpose 2              Monitoring area 3 4
----------------------------------------------------------------------------------------------------------------
Berwick Bay 003669950--
Berwick Traffic..........................  156.550 MHz (Ch. 11)..............  The waters south of
                                                                                29[deg]45[min] N., west of
                                                                                91[deg]10[min] W., north of
                                                                                29[deg]37[min] N., and east of
                                                                                91[deg]18[min] W.
Houston-Galveston--003669954.............  ..................................  The navigable waters north of
                                                                                29[deg] N., west of
                                                                                94[deg]20[min] W., south of
                                                                                29[deg]49[min] N., and east of
                                                                                95[deg]20[min] W.
Houston Traffic..........................  156.550 MHz (Ch. 11)..............  The navigable waters north of a
                                           156.250 Mhz (Ch. 5A)..............   line extending due west from the
                                           --For Sailing Plans only..........   southern most end of Exxon Dock
                                                                                1 (20[deg]43.37[min]
                                                                                N., 95[deg]01.27[min] W.).
Houston Traffic..........................  156.600 MHz (Ch. 12)..............  The navigable waters south of a
                                           156.250 Mhz (Ch. 5A)..............   line extending due west from the
                                           --For Sailing Plans only..........   southern most end of Exxon Dock
                                                                                1 (29[deg]43.37[min]
                                                                                N., 95[deg]01.27[min] W.)

[[Page 581]]

 
Los Angeles/Long Beach: MMSI/To be
 determined
San Pedro Traffic........................  156.700 MHz (Ch.14)...............  Vessel Movement Reporting System
                                                                                Area: The navigable waters
                                                                                within a 25 nautical mile radius
                                                                                of Point Fermin Light
                                                                                (33[deg]42.3[min] N.,
                                                                                118[deg]17.6[min] W.).
Louisville: Not applicable
Louisville Traffic.......................  156.650 MHz (Ch. 13)                The waters of the Ohio River
                                                                                between McAlpine Locks (Mile
                                                                                606) and Twelve Mile Island
                                                                                (Mile 593), only when the
                                                                                McAlpine upper pool gauge is at
                                                                                approximately 13.0 feet or
                                                                                above.
Lower Mississippi River 5--0036699952
New Orleans Traffic......................  156.700 MHz (Ch.14)...............  The navigable waters of the Lower
                                                                                Mississippi River below
                                                                                30[deg]38.7[min] N.,
                                                                                91[deg]17.5[min] W. (Port Hudson
                                                                                Light at 255 miles Above Head of
                                                                                Passes (AHP)), the Southwest
                                                                                Pass, and, within a 12 nautical
                                                                                miles radius around
                                                                                28[deg]54.3[min] N.,
                                                                                89[deg]25.7[min] W. (Southwest
                                                                                Pass Entrance Light at 19.9
                                                                                miles Below Head of Passes).
New Orleans Traffic......................  156.600 MHz (Ch.12)...............  New Orleans Sector. The navigable
                                                                                waters of the Lower Mississippi
                                                                                River bounded on the north by a
                                                                                line drawn perpendicularly at
                                                                                29[deg]56.4[min] N.,
                                                                                90[deg]08.36[min] W. and on the
                                                                                south by a line drawn
                                                                                perpendicularly at
                                                                                29[deg]56.24[min] N.,
                                                                                89[deg]59.86[min] W. (88 and 106
                                                                                miles AHP).
New York--003669951
New York Traffic.........................  156.550 MHz (Ch. 11)..............  The area consists of the
                                           --For Sailing Plans only..........   navigable waters of the Lower
                                           156.600 MHz (Ch. 12)..............   New York Bay bounded on the east
                                           --For vessels at anchor...........   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[deg] 25[min] N;
                                                                                then west in the Raritan Bay to
                                                                                the Raritan River Railroad
                                                                                Bridge, then north into waters
                                                                                of the Arthur Kill and Newark
                                                                                Bay to the Lehigh Valley Draw
                                                                                Bridge at latitude 40[deg]
                                                                                41.9N; and then east including
                                                                                the waters of the Kill Van Kull
                                                                                and the Upper New York Bay north
                                                                                to a line drawn east-west from
                                                                                the Holland Tunnel ventilator
                                                                                shaft at latitude 40[deg]
                                                                                43.7[min] N, longitude 74[deg]
                                                                                01.6[min] W, in the Hudson
                                                                                River; and then continuing east
                                                                                including the waters of the East
                                                                                River to the Throgs Neck Bridge,
                                                                                excluding the Harlem River.
New York Traffic.........................  156.700 MHz (Ch. 14)..............  The navigable waters of the Lower
                                                                                New York Bay west of a line
                                                                                drawn from Norton Point to
                                                                                Breezy Point; and north of a
                                                                                line connecting the entrance
                                                                                buoys of Ambrose Channel, Swash
                                                                                Channel, and Sandy Hook Channel,
                                                                                to Sandy Hook Point; on the
                                                                                southeast including the waters
                                                                                of the Sandy Hook Bay south to a
                                                                                line drawn at latitude 40[deg]
                                                                                25[min] N; then west into the
                                                                                waters of Raritan Bay East Reach
                                                                                to a line drawn from Great Kills
                                                                                Light south through Raritan Bay
                                                                                East Reach LGB 14 to
                                                                                Comfort PT, NJ; then north
                                                                                including the waters of the
                                                                                Upper New York Bay south of
                                                                                40[deg] 42.40[min] N (Brooklyn
                                                                                Bridge) and 40[deg] 43.70[min] N
                                                                                (Holland Tunnel Ventilator
                                                                                Shaft); west through the KVK
                                                                                into the Arthur Kill north of
                                                                                40[deg] 38.25[min] N (Arthur
                                                                                Kill Railroad Bridge); then
                                                                                north into the waters of the
                                                                                Newark Bay, south of 40[deg]
                                                                                41.95[min] N (Lehigh Valley Draw
                                                                                Bridge).
New York Traffic.........................  156.600 MHz (Ch. 12)..............  The navigable waters of the
                                                                                Raritan Bay south to a line
                                                                                drawn at latitude 40[deg]
                                                                                26[min] N; then west of a line
                                                                                drawn from Great Kills Light
                                                                                south through the Raritan Bay
                                                                                East Reach LGB 14 to
                                                                                Point Comfort, NJ; then west to
                                                                                the Raritan River Railroad
                                                                                Bridge; and north including the
                                                                                waters of the Arthur Kill to
                                                                                40[deg] 28.25[min] N (Arthur
                                                                                Kill Railroad Bridge); including
                                                                                the waters of the East River
                                                                                north of 40[deg] 42.40[min] N
                                                                                (Brooklyn Bridge) to the Throgs
                                                                                Neck Bridge, excluding the
                                                                                Harlem River.
Port Arthur 5--003669955
Sabine Traffic...........................  To be determined..................  The navigable waters south of
                                                                                30[deg]10[min] N., east of
                                                                                94[deg]20[min] W., west of
                                                                                93[deg]22[min] W, and, north of
                                                                                29[deg] 10[min] N.

[[Page 582]]

 
Prince William Sound--003669958
Valdez Traffic...........................  156.650 MHz (Ch. 13)..............  The navigable waters south of
                                                                                61[deg]05[min] N., east of
                                                                                147[deg]20[min] W., north of
                                                                                60[deg] N., and west of
                                                                                146[deg]30[min] W.; and, all
                                                                                navigable waters in Port Valdez.
Puget Sound 6
Seattle Traffic--003669957...............  156.700 MHz (Ch. 14)..............  The waters of Puget Sound, Hood
                                                                                Canal and adjacent waters south
                                                                                of a line connecting Marrowstone
                                                                                Point and Lagoon Point in
                                                                                Admiralty Inlet and south of a
                                                                                line drawn due east from the
                                                                                southernmost tip of Possession
                                                                                Point on Whidbey Island to the
                                                                                shoreline.
Seattle Traffic--003669957...............  156.250 MHz (Ch. 5A)..............  The waters of the Strait of Juan
                                                                                de Fuca east of 124[deg]40[min]
                                                                                W. excluding the waters in the
                                                                                central portion of the Strait of
                                                                                Juan de Fuca north and east of
                                                                                Race Rocks; the navigable waters
                                                                                of the Strait of Georgia east of
                                                                                122[deg]52[min] W.; the San Juan
                                                                                Island Archipelago, Rosario
                                                                                Strait, Bellingham Bay;
                                                                                Admiralty Inlet north of a line
                                                                                connecting Marrowstone Point and
                                                                                Lagoon Point and all waters east
                                                                                of Whidbey Island North of a
                                                                                line drawn due east from the
                                                                                southernmost tip of Possession
                                                                                Point on Whidbey Island to the
                                                                                shoreline.
Tofino Traffic--003160012................  156.725 MHz (Ch. 74)..............  The waters west of
                                                                                124[deg]40[min] W. within 50
                                                                                nautical miles of the coast of
                                                                                Vancouver Island including the
                                                                                waters north of 48[deg] N., and
                                                                                east of 127[deg] W.
Victoria Traffi--003160010...............  156.550 MHz (Ch. 11)..............  The waters of the Strait of
                                                                                Georgia west of 122[deg]52[min]
                                                                                W., the navigable waters of the
                                                                                central Strait of Juan de Fuca
                                                                                north and east of Race Rocks,
                                                                                including the Gulf Island
                                                                                Archipelago, Boundary Pass and
                                                                                Haro Strait.
San Francisco--003669956
San Francisco Traffic....................  156.700 MHz (Ch. 14)..............  The navigable waters of the San
                                                                                Francisco Offshore Precautionary
                                                                                Area, the navigable waters
                                                                                shoreward of the San Francisco
                                                                                Offshore Precautionary Area east
                                                                                of 122[deg]42.0[min] W. and
                                                                                north of 37[deg]40.0[min] N.
                                                                                extending eastward through the
                                                                                Golden Gate, and the navigable
                                                                                waters of San Francisco Bay and
                                                                                as far east as the port of
                                                                                Stockton on the San Joaquin
                                                                                River, as far north as the port
                                                                                of Sacramento on the Sacramento
                                                                                River.
San Francisco Traffic....................  156.600 MHz (Ch. 12)..............  The navigable waters within a 38
                                                                                nautical mile radius of Mount
                                                                                Tamalpais (37[deg]55.8[min] N.,
                                                                                122[deg]34.6[min] W.) west of
                                                                                122[deg]42.0[min] W. and south
                                                                                of 37[deg]40.0[min] N and
                                                                                excluding the San Francisco
                                                                                Offshore Precautionary Area.
St. Marys River--003669953
Soo Traffic..............................  156.600 MHz (Ch. 12)..............  The waters of the St. Marys River
                                                                                between 45[deg]57[min] N. (De
                                                                                Tour Reef Light) and
                                                                                46[deg]38.7[min] N. (lle
                                                                                Parisienne Light), except the
                                                                                St. Marys Falls Canal and those
                                                                                navigable waters east of a line
                                                                                from 46[deg]04.16[min] N. and
                                                                                46[deg]01.57[min] N. (La Pointe
                                                                                to Sims Point in Potagannissing
                                                                                Bay and Worsley Bay).
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ Maritime Mobile Service Identifier (MMSI) is a unique nine-digit number assigned that identifies ship
  stations, ship earth stations, coast stations, coast earth stations, and group calls for use by a digital
  selective calling (DSC) radio, an INMARSAT ship earth station or AIS. AIS requirements are set forth in Sec.
  Sec. 161.21 and 164.46 of this subchapter. The requirements set forth in Sec. Sec. 161.21 and 164.46 of
  this subchapter apply in those areas denoted with a MMSI number.
\2\ In the event of a communication failure, difficulties or other safety factors, the Center may direct or
  permit a user to monitor and report on any other designated monitoring frequency or the bridge-to-bridge
  navigational frequency, 156.650 MHz (Channel 13) or 156.375 MHz (Ch. 67), to the extent that doing so provides
  a level of safety beyond that provided by other means. The bridge-to-bridge navigational frequency, 156.650
  MHz (Ch. 13), is used in certain monitoring areas where the level of reporting does not warrant a designated
  frequency.
\3\ All geographic coordinates (latitude and longitude) are expressed in North American Datum of 1983 (NAD 83).
\4\ Some monitoring areas extend beyond navigable waters. Although not required, users are strongly encouraged
  to maintain a listening watch on the designated monitoring frequency in these areas. Otherwise, they are
  required to maintain watch as stated in 47 CFR 80.148.
\5\ Until rules regarding VTS Lower Mississippi River and VTS Port Arthur are published, vessels are exempted of
  all VTS and VMRS requirements set forth in 33 CFR part 161, except those set forth in Sec. Sec. 161.21 and
  164.46 of this subchapter.
\6\ A Cooperative Vessel Traffic Service was established by the United States and Canada within adjoining
  waters. The appropriate Center administers the rules issued by both nations; however, enforces only its own
  set of rules within its jurisdiction. Note, the bridge-to-bridge navigational frequency, 156.650 MHz (Ch. 13),
  is not so designated in Canadian waters, therefore users are encouraged and permitted to make passing
  arrangements on the designated monitoring frequencies.


[[Page 583]]

    (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 Sec. 151.15 of this chapter;
    (4) A defect or discrepancy in an aid to navigation;
    (5) A hazardous condition as defined in Sec. 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 Sec. 
161.2.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR 
28329, May 31, 1995; CGD 92-052, 61 FR 45326, Aug. 29, 1996; USCG-1999-
6141, 64 FR 69636, Dec. 14, 1999; USCG-2003-14757, 68 FR 39364, July 1, 
2003; USCG-2003-14757, 68 FR 60569, Oct. 22, 2003; USCG-2004-18057, 69 
FR 34926, June 23, 2004]



Sec. 161.13  VTS Special Area operating requirements.

    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.



               Subpart B_Vessel Movement Reporting System



Sec. 161.15  Purpose and intent.

    (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, and final).

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-2003-14757, 
68 FR 39366, July 1, 2003]



Sec. 161.16  Applicability.

    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.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-2003-14757, 
68 FR 39366, July 1, 2003]



Sec. 161.17  Definitions.

    As used in this subpart:
    Center means a Vessel Traffic Center or Vessel Movement Center.
    Published means available in a widely-distributed and publicly 
available medium (e.g., VTS User's Manual, ferry schedule, Notice to 
Mariners).

[USCG-2003-14757, 68 FR 39366, July 1, 2003]



Sec. 161.18  Reporting requirements.

    (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);

[[Page 584]]



         Table 161.18(a)--The IMO Standard Ship Reporting System
------------------------------------------------------------------------
 
A           ALPHA............  Ship.............  Name, call sign or
                                                   ship station
                                                   identity, and flag.
B           BRAVO............  Dates and time of  A 6 digit group giving
                                event.             day of month (first
                                                   two digits), hours
                                                   and minutes (last
                                                   four digits). If
                                                   other than UTC state
                                                   time zone used.
C           CHARLIE..........  Position.........  A 4 digit group giving
                                                   latitude in degrees
                                                   and minutes suffixed
                                                   with N (north) or S
                                                   (south) and a 5 digit
                                                   group giving
                                                   longitude in degrees
                                                   and minutes suffixed
                                                   with E (east) or W
                                                   (west); or.
D           DELTA............  Position.........  True bearing (first 3
                                                   digits) and distance
                                                   (state distance) in
                                                   nautical miles from a
                                                   clearly identified
                                                   landmark (state
                                                   landmark).
E           ECHO.............  True course......  A 3 digit group.
F           FOXTROT..........  Speed in knots     A 3 digit group.
                                and tenths of
                                knots.
G           GOLF.............  Port of Departure  Name of last port of
                                                   call.
H           HOTEL............  Date, time and     Entry time expressed
                                point of entry     as in (B) and into
                                system.            the entry position
                                                   expressed as in (C)
                                                   or (D).
I           INDIA............  Destination and    Name of port and date
                                expected time of   time group expressed
                                arrival.           as in (B).
J           JULIET...........  Pilot............  State whether a deep
                                                   sea or local pilot is
                                                   on board.
K           KILO.............  Date, time and     Exit time expressed as
                                point of exit      in (B) and exit
                                from system.       position expressed as
                                                   in (C) or (D).
L           LIMA.............  Route information  Intended track.
M           MIKE.............  Radio............  State in full names of
                                                   communications
                                                   stations/frequencies
                                                   guarded.
N           NOVEMBER.........  Time of next       Date time group
                                report.            expressed as in (B).
O           OSCAR............  Maximum present    4 digit group giving
                                static draught     meters and
                                in meters.         centimeters.
P           PAPA.............  Cargo on board...  Cargo and brief
                                                   details of any
                                                   dangerous cargoes as
                                                   well as harmful
                                                   substances and gases
                                                   that could endanger
                                                   persons or the
                                                   environment.
Q           QUEBEC...........  Defects, damage,   Brief detail of
                                deficiencies or    defects, damage,
                                limitations.       deficiencies or other
                                                   limitations.
R           ROMEO............  Description of     Brief details of type
                                pollution or       of pollution (oil,
                                dangerous goods    chemicals, etc) or
                                lost.              dangerous goods lost
                                                   overboard; position
                                                   expressed as in (C)
                                                   or (D).
S           SIERRA...........  Weather            Brief details of
                                conditions.        weather and sea
                                                   conditions
                                                   prevailing.
T           TANGO............  Ship's             Details of name and
                                representative     particulars of ship's
                                and/or owner.      representative and/or
                                                   owner for provision
                                                   of information.
U           UNIFORM..........  Ship size and      Details of length,
                                type.              breadth, tonnage, and
                                                   type, etc., as
                                                   required.
V           VICTOR...........  Medical personnel  Doctor, physician's
                                                   assistant, nurse, no
                                                   medic.
W           WHISKEY..........  Total number of    State number.
                                persons on board.
X           XRAY.............  Miscellaneous....  Any other information
                                                   as appropriate.
                                                   [i.e., a detailed
                                                   description of a
                                                   planned operation,
                                                   which may include:
                                                   its duration;
                                                   effective area; any
                                                   restrictions to
                                                   navigation;
                                                   notification
                                                   procedures for
                                                   approaching vessels;
                                                   in addition, for a
                                                   towing operation:
                                                   configuration, length
                                                   of the tow, available
                                                   horsepower, etc.; for
                                                   a dredge or floating
                                                   plant: configuration
                                                   of pipeline, mooring
                                                   configuration, number
                                                   of assist vessels,
                                                   etc.].
------------------------------------------------------------------------


[[Page 585]]

    (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 Sec. 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.

    Note: 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 
Sec. 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.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-2003-14757, 
68 FR 39366, July 1, 2003]



Sec. 161.19  Sailing Plan (SP).

    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 Sec. 
160.203 of this chapter, and other required information as set out in 
Sec. 160.211 and Sec. 160.213 of this chapter, if applicable.



Sec. 161.20  Position Report (PR).

    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.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-2003-14757, 
68 FR 39366, July 1, 2003]



Sec. 161.21  Automated reporting.

    (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 Sec. 161.20(b) of this part; and
    (3) Make any other reports as directed by the Center.

[USCG-2003-14757, 68 FR 39366, July 1, 2003]



Sec. 161.22  Final Report (FR).

    A vessel must report its name and position:
    (a) On arrival at its destination; or
    (b) When leaving a VTS area.



Sec. 161.23  Reporting exemptions.

    (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:

[[Page 586]]

    (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.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 97-023, 62 FR 
33364, June 19, 1997; USCG-2003-14757, 68 FR 39367, July 1, 2003]



 Subpart C_Vessel Traffic Service and Vessel Movement Reporting System 
                       Areas and Reporting Points

    Note: All geographic coordinates contained in part 161 (latitude and 
longitude) are expressed in North American Datum of 1983 (NAD 83).



Sec. 161.25  Vessel Traffic Service New York Area.

    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[deg]25[min] 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[deg]41.9[min] 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[deg]43.7[min] N., longitude 74[deg]01.6[min] 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.
    Note: 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.

[CGD 92-052, 61 FR 45327, Aug. 29, 1996]



Sec. 161.30  Vessel Traffic Service Louisville.

    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.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-1998-3799, 
63 FR 35531, June 30, 1998]



Sec. 161.35  Vessel Traffic Service Houston/Galveston.

    (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.

       Table 161.35(b)--VTS Houston/Galveston Precautionary Areas
------------------------------------------------------------------------
                                                    Center point
   Precautionary area name       Radius   ------------------------------
                                 (yds.)       Latitude       Longitude
------------------------------------------------------------------------
Bolivar Roads................       4000   29[deg]20.9[mi  94[deg]47.0[m
                                            n] N            in] W
Red Fish Bar.................       4000   29[deg]29.8[mi  94[deg]51.9[m
                                            n] N            in] W
Bayport Channel..............       4000   29[deg]36.7[mi  94[deg]57.2[m
                                            n] N            in] W
Morgans Point................       2000   29[deg]41.0[mi  94[deg]59.0[m
                                            n] N            in] W
Upper San Jacinto Bay........       1000   29[deg]42.3[mi  95[deg]01.1[m
                                            n] N            in] W
Baytown......................       1000   29[deg]43.6[mi  95[deg]01.4[m
                                            n] N            in] W
Lynchburg....................       1000   29[deg]45.8[mi  95[deg]04.8[m
                                            n] N            in] W
Carpenters Bayou.............       1000   29[deg]45.3[mi  95[deg]05.6[m
                                            n] N            in] W
Jacintoport..................       1000   29[deg]44.8[mi  95[deg]06.0[m
                                            n] N            in] W
Greens Bayou.................       1000   29[deg]44.8[mi  95[deg]10.2[m
                                            n] N            in] W
Hunting Bayou................       1000   29[deg]44.3[mi  95[deg]12.1[m
                                            n] N            in] W
Sims Bayou...................       1000   29[deg]43.1[mi  95[deg]14.4[m
                                            n] N            in] W
Brady Island.................       1000   29[deg]43.5[mi  95[deg]16.4[m
                                            n] N            in] W
Buffalo Bayou................       1000   29[deg]45.0[mi  95[deg]17.3[m
                                            n] N            in] W
------------------------------------------------------------------------
Note: Each Precautionary Area encompasses a circular area of the radius
  denoted.

    (c) Reporting Points.

[[Page 587]]



                             Table 161.35(c)--VTS Houston/Galveston Reporting Points
----------------------------------------------------------------------------------------------------------------
                                                          Geographic
           Designator               Geographic name       description     Latitude/longitude         Notes
----------------------------------------------------------------------------------------------------------------
1...............................  Galveston Bay       Galveston Bay       29[deg]18.4[min]    ..................
                                   Entrance Channel.   Entrance CH         N;
                                                       Lighted Buoy (LB)   94[deg]37.6[min]
                                                       ``GB''.             W.
2...............................  Galveston Bay       Galveston Bay       29[deg]20.6[min]    ..................
                                   Entrance Channel.   Entrance Channel    N;
                                                       LB 11 and 12.       94[deg]44.6[min]
                                                                           W.
E...............................  Bolivar Land Cut..  Mile 349            29[deg]22.5[min]    Tows entering HSC
                                                       Intracoastal        N;                  also report at
                                                       Waterway (ICW).     94[deg]46.9[min]    HSC LB 25 & 26.
                                                                           W.
W...............................  Pelican Cut.......  Mile 351 ICW......  29[deg]21.4[min]    Tow entering HSC
                                                                           N;                  also report at
                                                                           94[deg]48.5[min]    HSC LB 25 & 26.
                                                                           W.
GCG.............................  Galveston Harbor..  USCG Base. At the   29[deg]20.0[min]    ..................
                                                       entrance to         N;
                                                       Galveston Harbor.   94[deg]46.5[min]
                                                                           W.
T...............................  Texas City Channel  Texas City Channel  29[deg]22.4[min]    ..................
                                                       LB 12.              N;
                                                                           94[deg]50.9[min]
                                                                           W.
X...............................  Houston Ship        Houston Ship        29[deg]22.1[min]    Tow entering HSC
                                   Channel ICW         Channel (HSC) LB    N;                  from ICW or Texas
                                   Intersection.       25 and 26.          94[deg]48.1[min]    Cut Only.
                                                                           W..
3...............................  Lower Galveston     HSC LB 31 and 32..  29[deg]23.5[min]    ..................
                                   Bay.                                    N;
                                                                           94[deg]48.8[min]
                                                                           W.
4...............................  Red Fish Bar......  HSC Lt. 53A & 54A.  29[deg]30.3[min]    ..................
                                                                           N;
                                                                           94[deg]52.4[min]
                                                                           W.
P...............................  Bayport Ship        Bayport Ship        29[deg]36.8[min]    Report at the
                                   Channel.            Channel Lt. 8 and   N;                  North Land Cut.
                                                       9.                  94[deg]59.5[min]
                                                                           W;.
4A..............................  Upper Galveston     HSC Buoys 69 and    29[deg]34.7[min]    Tows only.
                                   Bay.                70.                 N;
                                                                           94[deg]55.8[min]
                                                                           W.
5...............................  Morgan's Point....  Barbour's Cut.....  29[deg]41.0[min]    Abeam Barbours
                                                                           N;                  Cut.
                                                                           94[deg]58.9[min]
                                                                           W..
6...............................  Exxon.............  Baytown Bend......  29[deg]43.5[min]    ..................
                                                                           N;
                                                                           95[deg]01.4[min]
                                                                           W.
7...............................  Lynchburg.........  Ferry crossing....  29[deg]45.8[min]    ..................
                                                                           N;
                                                                           95[deg]04.8[min]
                                                                           W.
8...............................  Shell Oil.........  Boggy Bayou.......  29[deg]44.1[min]    ..................
                                                                           N;
                                                                           95[deg]08.0[min]
                                                                           W.
9...............................  Greens Bayou......  Greens Bayou......  29[deg]44.8[min]    ..................
                                                                           N;
                                                                           95[deg]10.1[min]
                                                                           W.
10..............................  Hess Turning Basin  Hunting Bayou       29[deg]44.3[min]
                                                       Turning Basin.      N;95[deg]12.1[min
                                                                           ] W.
11..............................  Lyondell Turning    Sims Bayou Turning  29[deg]43.2[min]
                                   Basin.              Basin.              N;
                                                                           95[deg]14.4[min]
                                                                           W.
12..............................  I-610 Bridge......  I-610 Bridge......  29[deg]43.5[min]
                                                                           N;
                                                                           95[deg]16.0[min]
                                                                           W.
13..............................  Houston Turning     Buffalo Bayou.....  29[deg]45.0[min]
                                   Basin.                                  N;
                                                                           95[deg]17.4[min]
                                                                           W.
----------------------------------------------------------------------------------------------------------------


[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR 
28331, May 31, 1995; USCG-2000-7223, 65 FR 40058, June 29, 2000]



Sec. 161.40  Vessel Traffic Service Berwick Bay.

    (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.

                                Table 161.40(c)--VTS Berwick Bay Reporting Points
----------------------------------------------------------------------------------------------------------------
                                                          Geographic
           Designator               Geographic name       description     Latitude/longitude         Notes
----------------------------------------------------------------------------------------------------------------
1...............................  Stouts Pass.......  Stouts Point Light  29[deg]43[min]47[s
                                                       ``1'' Mile 113-     ec] N
                                                       Atchafalaya River. 91[deg]13[min]25[s
                                                                           ec] W
2...............................  Berwick Lock......  Mile 1.9 MC/PA....  29[deg]43[min]10[s  If transiting the
                                                                           ec] N               Lock.
                                                                          91[deg]13[min]28[s
                                                                           ec] W
3...............................  Conrad's Point      Buoy ``1'' Mile     29[deg]42[min]32[s
                                   Junction.           1.5 MC/PA.          ec] N
                                                                          91[deg]13[min]14[s
                                                                           ec] W
4...............................  Swift Ships Flat    Mile 3 MC/PA......  29[deg]43[min]26[s
                                   Lake Junction.                          ec] N
                                                                          91[deg]12[min]22[s
                                                                           ec] W
5...............................  South Pacific       Mile 0.3 MC/PA....  29[deg]41[min]34[s
                                   Railroad Bridge.                        ec] N
                                                                          91[deg]12[min]44[s
                                                                           ec] W
6...............................  20 Grant Point      Bayou Boeuf-        29[deg]41[min]18[s
                                   Junction.           Atchafalaya R.      ec] N
                                                       Mile 95.5 ICW.     91[deg]12[min]36[s
                                                                           ec] W

[[Page 588]]

 
7...............................  ICW...............  Overhead Power      29[deg]40[min]43[s
                                                       Cable Mile 96.5     ec] N
                                                       ICW.               91[deg]13[min]18[s
                                                                           ec] W
8...............................  Wax Bayou Junction  Light ``A'' Mile    29[deg]39[min]29[s
                                                       98.2W ICW.          ec] N
                                                                          91[deg]14[min]46[s
                                                                           ec] W
9...............................  Shaffer Junction..  ICW-Bayou Shaffer   29[deg]41[min]10[s
                                                       Mile 94.5 ICW.      ec] N
                                                                          91[deg]11[min]38[s
                                                                           ec] W
----------------------------------------------------------------------------------------------------------------


[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR 
28332, May 31, 1995; USCG-1998-3799, 63 FR 35531, June 30, 1998]



Sec. 161.45  Vessel Traffic Service St. Marys River.

    (a) The VTS area consists of the navigable waters of the St. Marys 
River and lower Whitefish Bay from 45[deg]57[min] N. (De Tour Reef 
Light) to the south, to 46[deg]38.7[min] 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.

                              Table 161.45(b)--VTS St. Marys River Reporting Points
----------------------------------------------------------------------------------------------------------------
                                                          Geographic
           Designator               Geographic name       description     Latitude/longitude         Notes
----------------------------------------------------------------------------------------------------------------
1...............................  Ile Parisienne....  Ile Parisienne      46[deg]37.3[min]    Downbound Only.
                                                       Light.              N;
                                                                           84[deg]45.9[min]
                                                                           W.
2...............................  Gros Cap Reef.....  Gros Cap Reefs      46[deg]30.6[min]    Upbound Only.
                                                       Light.              N;
                                                                           84[deg]37.1[min]
                                                                           W.
3...............................  Round Island......  Round Island Light  46[deg]26.9[min]
                                                       32.                 N;
                                                                           84[deg]31.7[min]W
                                                                           .
4...............................  Pointe Louise.....  Pointe Louise       46[deg]27.8[min]
                                                       Light.              N;
                                                                           84[deg]28.2[min]W
                                                                           .
5*..............................  West End of Locks.  West Center         46[deg]30.2[min]    Upbound Only.
                                                       Pierhead Light.     N;
                                                                           84[deg]22.2[min]
                                                                           W.
6...............................  East End of Locks.  East Center         46[deg]30.1[min]    Downbound Only.
                                                       Pierhead Light.     N;
                                                                           84[deg]20.3[min]
                                                                           W.
7...............................  Mission Point.....  Light 99..........  46[deg]29.2[min]
                                                                           N;
                                                                           84[deg]18.1[min]W
                                                                           .
8...............................  Six Mile Point....  Six Mile Point....  46[deg]26.1[min]
                                                                           N;
                                                                           84[deg]15.4[min]W
                                                                           .
9...............................  Ninemile Point....  Light 80..........  46[deg]23.5[min]
                                                                           N;
                                                                           84[deg]14.1[min]W
                                                                           .
10..............................  West Neebish        Light 29..........  46[deg]16.9[min]    Downbound Only.
                                   Channel.                                N;
                                                                           84[deg]12.5[min]
                                                                           W.
11..............................  Munuscong Lake      Lighted Junction    46[deg]10.8[min]
                                   Junction.           Buoy.               N;
                                                                           84[deg]05.6[min]W
                                                                           .
12..............................  De Tour Reef......  De Tour Reef Light  46[deg]56.9[min]    ..................
                                                                           N;
                                                                           83[deg]53.7[min]
                                                                           W.
----------------------------------------------------------------------------------------------------------------


[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR 
28332, May 31, 1995; USCG-1998-3799, 63 FR 35531, June 30, 1998]



Sec. 161.50  Vessel Traffic Service San Francisco.

    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[min] N., 
122-34.6[min] 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.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR 
28332, May 31, 1995]



Sec. 161.55  Vessel Traffic Service Puget Sound and the Cooperative 
Vessel Traffic Service for the Juan de Fuca Region.

    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[deg]23[min]08[sec] N., 
124[deg]43[min]37[sec] W. on Cape Flattery to the Cape Flattery Light at 
48[deg]23[min]30[sec] N., 124[deg]44[min]12[sec] 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

[[Page 589]]

the Strait of Georgia to the Washington State coastline at 
49[deg]00[min]06[sec] N., 122[deg]45[min]18[sec] W. (International 
Boundary Range C Rear Light). This area includes: Puget Sound, Hood 
Canal, Possession Sound, the San Juan Island Archipelago, Rosario 
Strait, Guemes Channel, Bellingham Bay, the U.S. waters of the Strait of 
Juan de Fuca and the Strait of Georgia, and all waters adjacent to the 
above.
    (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[deg]35[min]45[sec] N.; and on the southwest by 
48[deg]23[min]30[sec] N.; and on the west by the rhumb line joining 
48[deg]35[min]45[sec] N., 124[deg]47[min]30[sec] W. with 
48[deg]23[min]30[sec] N., 124[deg]48[min]37[sec] W.; and on the 
northeast in the Strait of Georgia, by a line drawn along 49[deg] 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[deg]26[min]24[sec] N., 122[deg]45[min]12[sec] W.), and to 
the north by the center of Precautionary Area ``C'' (a circular area of 
2,500 yards radius centered at 48[deg]40[min]34[sec] N., 
122[deg]42[min]44[sec] W.; Lighted Buoy ``C''); and
    Note: 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 Sec. 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 Sec. 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.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-1998-3799, 
63 FR 35531, June 30, 1998]



Sec. 161.60  Vessel Traffic Service Prince William Sound.

    (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[deg]30[min] W. and 147[deg]20[min] 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 Sec. 167.1703 of 
this chapter); the waters northeast of a line drawn from shoreline to 
shoreline through the points 60[deg]58.04[min] N, 146[deg]46.52[min] W 
and 60[deg]58.93[min] N, 146[deg]48.86[min] W; and southwest of a line 
bearing 307[deg] True from Tongue Point at 61[deg]02.10[min] N, 
146[deg]40.00[min] 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[deg] True from Tongue Point at 61[deg]02[min]06[sec] 146[deg]40[min] 
W.; and southwest of a line bearing 307[deg]

[[Page 590]]

True from Entrance Island Light at 61[deg]05[min]06[sec] N., 
146[deg]36[min]42[sec] 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[deg] 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[deg] N. until the 
VTS has granted permission to proceed; and
    (iii) A southbound vessel shall remain in Port Valdez east of 
146[deg]35[min] W. and north of 61[deg]06[min] 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.

                           Table 161.60(d)--VTS Prince William Sound Reporting Points
----------------------------------------------------------------------------------------------------------------
    Designator         Geographic name     Geographic description    Latitude/longitude            Notes
----------------------------------------------------------------------------------------------------------------
1A...............  Cape Hinchinbrook.....  Cape Hinchinbrook.....  60[deg]16[min]18[Sec. Northbound Only.
                                                                    N;
                                                                    146[deg]45[min]30[se
                                                                    c] W.
1B...............  Schooner Rock.........  Schooner Rock.........  60[deg]18[min]42[Sec. Southbound Only.
                                                                    N;
                                                                    146[deg]51[min]36[se
                                                                    c] W.
2A...............  Naked Island..........  Naked Island..........  60[deg]40[min]00[Sec. Northbound Only.
                                                                    N;
                                                                    147[deg]01[min]24[se
                                                                    c] W.
2B...............  Naked Island..........  Naked Island..........  60[deg]40[min]00[Sec. Southbound Only.
                                                                    N;
                                                                    147[deg]05[min]00[se
                                                                    c] W.
3A...............  Bligh Reef............  Bligh Reef Light        60[deg]50[min]36[Sec. Northbound Only.
                                            (Pilot Embark).         N;
                                                                    146[deg]57[min]30[se
                                                                    c] W.
3B...............  Bligh Reef............  Bligh Reef Light        60[deg]51[min]00[Sec. Southbound Only.
                                            (Pilot Disembark).      N;
                                                                    147[deg]01[min]24[se
                                                                    c] W.
4A...............  Rocky Point...........  Rocky Point...........  60[deg]57[min]48[Sec. Northbound Only.
                                                                    N;
                                                                    146[deg]47[min]30[se
                                                                    c] W.
4B...............  Rocky Point...........  Rocky Point...........  60[deg]57[min]48[Sec. Southbound Only.
                                                                    N;
                                                                    146[deg]50[min]00[se
                                                                    c] W.
5................  Entrance Island.......  Entrance Island Light.  61[deg]05[min]24[sec]
                                                                    N;
                                                                    146[deg]37[min]30[se
                                                                    c] W..
----------------------------------------------------------------------------------------------------------------


[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR 
28332, May 31, 1995; USCG-1998-3799, 63 FR 35532, June 30, 1998; USCG-
2001-10254, 67 FR 53742, Aug. 19, 2002]



PART 162_INLAND WATERWAYS NAVIGATION REGULATIONS--Table of Contents




Sec.
162.1 General.
162.15 Manhasset Bay, N.Y.; seaplane restricted area.
162.20 Flushing Bay near La Guardia Airport, Flushing, N.Y.; restricted 
          area.
162.30 Channel of Tuckerton Creek, N.J.; navigation.
162.35 Channel of Christina River, Del.; navigation.
162.40 Inland waterway from Delaware River to Chesapeake Bay, Del. and 
          Md. (Chesapeake and Delaware Canal).
162.65 All waterways tributary to the Atlantic Ocean south of Chesapeake 
          Bay and all waterways tributary to the Gulf of Mexico east and 
          south of St. Marks, Fla.
162.75 All waterways tributary to the Gulf of Mexico (except the 
          Mississippi River, its tributaries, South and Southwest Passes 
          and the Atchafalaya River) from St. Marks, Fla., to the Rio 
          Grande.
162.80 Mississippi River below mouth of Ohio River, including South and 
          Southwest Passes.
162.85 Yazoo Diversion Canal, Vicksburg, Miss., from its mouth at 
          Kleinston Landing to Fisher Street; navigation.
162.90 White River, Arkansas Post Canal, Arkansas River, and Verdigris 
          River between Mississippi River, Ark., and Catoosa, Okla.; 
          use, administration, and navigation.
162.100 Ohio River at Louisville, KY.
162.105 Missouri River; administration and navigation.
162.110 Duluth-Superior Harbor, Minnesota and Wisconsin.
162.115 Keweenaw Waterway, Mich.
162.117 St. Marys River, Sault Ste. Marie, Michigan.
162.120 Harbors on Lake Michigan.
162.125 Sturgeon Bay and the Sturgeon Bay Ship Canal, Wisc.
162.130 Connecting waters from Lake Huron to Lake Erie; general rules.
162.132 Connecting waters from Lake Huron to Lake Erie; communications 
          rules.
162.134 Connecting waters from Lake Huron to Lake Erie; traffic rules.
162.136 Connecting waters from Lake Huron to Lake Erie; anchorage 
          grounds.
162.138 Connecting waters from Lake Huron to Lake Erie; speed rules.
162.140 Connecting waters from Lake Huron to Lake Erie; miscellaneous 
          rules.

[[Page 591]]

162.145 Monroe Harbor, Mich.
162.150 Maumee Bay and River, Ohio.
162.155 Sandusky and Huron Harbors, Ohio.
162.160 Vermilion, Lorain, Cleveland, Fairport, Ashtabula, and Conneaut 
          Harbors, Ohio.
162.165 Buffalo and Rochester Harbors, New York.
162.175 Black Rock Canal and Lock at Buffalo, New York.
162.195 Santa Monica Bay, Calif.; restricted area.
162.200 Marina del Ray, Calif.; restricted area.
162.205 Suisun Bay, San Joaquin River Sacramento River, and connecting 
          waters, CA.
162.210 Lake Tahoe, Calif.; restricted areas along south shore.
162.215 Lake Tahoe, Nev.; restricted area adjacent to Nevada Beach.
162.220 Hoover Dam, Lake Mead, and Lake Mohave (Colorado River), Ariz.-
          Nev.
162.225 Columbia and Willamette Rivers, Washington and Oregon; 
          administration and navigation.
162.230 Columbia River, Wash.
162.235 Puget Sound Area, Wash.
162.240 Tongass Narrows, Alaska; navigation.
162.245 Kenai River, Kenai, Alaska; use, administration, and navigation.
162.250 Port Alexander, Alaska; speed of vessels.
162.255 Wrangell Narrows, Alaska; use, administration, and navigation.
162.260 Channel leading to San Juan Harbor, P.R.; use, administration, 
          and navigation.
162.270 Restricted areas in vicinity of Maritime Administration Reserve 
          Fleets.

    Authority: 33 U.S.C. 1231; Department of Homeland Security 
Delegation No. 0170.

    Source: CGD 75-082, 42 FR 51759, Sept. 29, 1977, unless otherwise 
noted.



Sec. 162.1  General.

    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.

[CGD 86-082, 52 FR 33811, Sept. 8, 1987]



Sec. 162.15  Manhasset Bay, N.Y.; seaplane restricted area.

    (a) The restricted area. An area in Manhasset Bay between the shore 
at Manorhaven on the north and the southerly limit line of the special 
anchorage area in Manhasset Bay, west area at Manorhaven (described in 
Sec. 202.60 of this chapter), on the south; its axis being a line 
bearing 166[deg]50[min] true from latitude 40[deg]50[min]17.337[sec], 
longitude 73[deg]43[min]03.877[sec], which point is on the south side of 
Orchard Beach Boulevard at Manorhaven; and being 100 feet wide for a 
distance of 380 feet in a southerly direction from the south side of 
Orchard Beach Boulevard, and thence flaring to a width of 300 feet at 
the southerly limit line.
    (b) The regulations. (1) Vessels shall not anchor or moor within the 
restricted area.
    (2) All vessels traversing the area shall pass directly through 
without unnecessary delay, and shall give seaplanes the right-of-way at 
all times.



Sec. 162.20  Flushing Bay near La Guardia Airport, Flushing, N.Y.; 
restricted area.

    (a) The area. An area in the main channel in Flushing Bay extending 
for a distance of 300 feet on either side of the extended center line of 
Runway No. 13-31 at La Guardia Airport.
    (b) The regulations. (1) All vessels traversing in the area shall 
pass directly through without unnecessary delay.
    (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.



Sec. 162.30  Channel of Tuckerton Creek, N.J.; navigation.

    (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.



Sec. 162.35  Channel of Christina River, Del.; navigation.

    (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.

[[Page 592]]



Sec. 162.40  Inland waterway from Delaware River to Chesapeake Bay, Del. 
and Md. (Chesapeake and Delaware Canal).

    (a) Applicability. The regulations in this section are applicable to 
that part of the inland waterway from Delaware River to Chesapeake Bay, 
Del. and Md., between Reedy Point, Delaware River, and Old Town Point 
Wharf, Elk River.
    (b) Speed. No vessel in the waterway shall be raced or crowded 
alongside another vessel. Vessels of all types, including pleasure 
craft, are required to travel at all times at a safe speed throughout 
the canal and its approaches so as to avoid damage by suction or wave 
wash to wharves, landings, riprap protection, or other boats, or injury 
to persons. Pilots and vessel operators transiting the canal and its 
approaches are warned that violation of this rule may result in having 
their privilege to transit the canal suspended. Passages of vessels 
through the canal will be monitored and specific cases will be 
investigated where damage by suction or wave wash does occur. Owners and 
operators of yachts, motorboats, rowboats and other craft are cautioned 
that large deep draft ocean-going vessels and other large commercial 
vessels ply the canal, and such owners and operators should be 
particularly careful to moor or anchor well away from the main ship 
channels, with moorings and lines which are sufficient and proper.
    (c) Right-of-way. All vessels proceeding with the current shall have 
the right-of-way over those proceeding against the current. Large 
vessels or tows must not overtake and attempt to pass other large 
vessels or tows in the waterway. All small pleasure craft shall 
relinquish the right-of-way to deeper draft vessels, which have a 
limited maneuvering ability due to their draft and size.
    (d) Stopping in waterway. Vessels will not be permitted to stop or 
anchor in the ship channel.
    (e) Water skiing. Water skiing in the waterway is prohibited between 
Reedy Point and Welch Point.
    (f) Sailboats. Transiting the canal by vessels under sail is not 
permitted between Reedy Point and Welch Point.
    Note: The Corps of Engineers also has regulations dealing with this 
section in 33 CFR Part 207.



Sec. 162.65  All waterways tributary to the Atlantic Ocean south of 

Chesapeake Bay and all waterways tributary to the Gulf of Mexico east 
and south of St. 
          Marks, Fla.

    (a) Description. This section applies to the following:
    (1) Waterways. All navigable waters of the United States, natural or 
artificial, including bays, lakes, sounds, rivers, creeks, intracoastal 
waterways, as well as canals and channels of all types, which are 
tributary to or connected by other waterways with the Atlantic Ocean 
south of Chesapeake Bay or with the Gulf of Mexico east and south of St. 
Marks, Florida.
    (2) United States property. All river and harbor lands owned by the 
United States in or along the waterways described in paragraph (a)(1) of 
this paragraph, including lock sites and all structures thereon, other 
sites for Government structures and for the accommodation and use of 
employees of the United States, and rights of way and spoil disposal 
areas to the extent of Federal interest therein.
    (3) Vessels and rafts. The term ``vessel'' as used in this section 
includes all floating things moved over these waterways other than 
rafts.
    (b) Waterways--(1) Fairway. A clear channel shall at all times be 
left open to permit free and unobstructed navigation by all types of 
vessels and rafts that normally use the various waterways or sections 
thereof. The District Commander may specify the width of the fairway 
required in the various waterways under his charge.
    (2) Stoppage in waterway, anchorage or mooring. (i) No vessels or 
rafts shall anchor or moor in any of the land cuts or other narrow parts 
of the waterway, except in case of an emergency. Whenever it becomes 
necessary for a vessel or raft to stop in any such portions 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 craft. Stoppages shall be only for such periods as may be necessary.

[[Page 593]]

    (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) Speed. (i) Vessels shall proceed at a speed which will not 
endanger other vessels or structures and will not interfere with any 
work in progress incident to maintaining, improving, surveying or 
marking the channel.
    (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) Assembly and handling of tows. (i) All vessels drawing tows and 
equipped with rudders shall use two tow lines or a bridle and shorten 
them to the greatest possible extent so as to have full 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. If 
necessary, as 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, drag or other 
approved steering device on the tow in order to avoid obstructing 
navigation or damaging the property of others, including aids to 
navigation maintained by the United States or under its authorization, 
by collision or otherwise.
    (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) Projections from vessels. No vessel carrying a deck load which 
overhangs or projects over the side of said vessel, or whose rigging 
projects over the side of the vessel so as to endanger passing vessels, 
wharves or other property, will enter or pass through any of the narrow 
parts of the waterway.
    (6) Meeting and passing. Vessels, on meeting or overtaking, shall 
give the proper signals and pass in accordance with the Navigation 
Rules, International-Inland, Commandant Instruction M16672.2 (series). 
Rafts shall give to vessels the side demanded by proper signal. All 
vessels approaching dredges

[[Page 594]]

or other plant engaged on improvements to a waterway, shall give the 
signal for passing and slow down sufficiently to stop if so ordered or 
if no answering signal is received. On receiving the answering signal, 
they shall then proceed to pass at a speed sufficiently slow to insure 
safe navigation.
    Note: The Corps of Engineers also has regulations dealing with this 
section in 33 CFR Part 207.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 93-072, 59 
FR 39963, Aug. 5, 1994; USCG-2000-7223, 65 FR 40058, June 29, 2000]



Sec. 162.75  All waterways tributary to the Gulf of Mexico (except 

the Mississippi River, its tributaries, South and Southwest Passes 
and Atchafalaya River) 
          from St. Marks, Fla., to the Rio Grande.

    (a) The regulations in this section shall apply to:
    (1) Waterways. All navigable waters of the U.S. tributary to or 
connected by other waterways with the Gulf of Mexico between St. Marks, 
Fla., and the Rio Grande, Tex. (both inclusive), and the Gulf 
Intracoastal Waterway; except the Mississippi River, its tributaries, 
South and Southwest Passes, and the Atchafalaya River above its junction 
with the Morgan City-Port Allen Route.
    (2) Bridges, wharves, and other structures. All bridges, wharves, 
and other structures in or over these waterways.
    (3) Vessels. The term ``vessels'' as used in this section includes 
all floating craft other than rafts.
    (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

[[Page 595]]

the channel width or 55 feet wide have cleared the channel. When passing 
is necessary in narrow channels, overwidth tows shall yield to the 
maximum. Separate permission must be received from the District 
Commander for each overlength or overwidth movement. In addition, the 
following exceptions are allowed:
    (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.
    Note: The Corps of Engineers also has regulations dealing with this 
section in 33 CFR 207.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 78-050, 45 
FR 43167, June 26, 1980; USCG-2000-7223, 65 FR 40058, June 29, 2000]



Sec. 162.80  Mississippi River below mouth of Ohio River, including 
South and Southwest passes.

    (a) Mooring on the Mississippi River between miles 311.5 AHP and 
340.0 AHP. (1) No vessel or craft shall moor along either bank of the 
Mississippi River between miles 311.5 AHP and mile 340.0 AHP except in 
case of an emergency, pursuant to an approved navigation permit, or as 
authorized by the District Commander. Vessels may be moored any place 
outside the navigation channel in this reach in case of an emergency and 
then for only the minimum time required to terminate the emergency. When 
so moored, all vessels shall be securely tied with bow and stern lines 
of sufficient strength and

[[Page 596]]

fastenings to withstand currents, winds, wave action, suction from 
passing vessels or any other forces which might cause the vessels to 
break their moorings. When vessels are so moored, a guard shall be on 
board at all times to ensure that proper signals are displayed and that 
the vessels are securely and adequately moored.
    (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) Mooring on Mississippi River below Baton Rouge, La., including 
South and Southwest Passes. (1) When tied up individually or in fleets, 
vessels shall be moored with sufficient lines and shore fastenings to 
insure their remaining in place and withstanding the action of winds, 
currents and the suction of passing vessels.
    Note: The Corps of Engineers also has regulations dealing with this 
section in 33 CFR Part 207.

(Sec. 7, 38 Stat. 1053, as amended, (33 U.S.C. 471); Sec. 6(g)(1)(A) 80 
Stat 937, (49 U.S.C. 1655(g)(1)(A); Sec. 12, 92 Stat. 1471, (33 U.S.C. 
1231); 49 CFR 1.46 (c)(1) and (n)(4))

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 77-028, 46 
FR 49851, Oct. 8, 1981; CGD8 87-09, 53 FR 15555, May 2, 1988]



Sec. 162.85  Yazoo Diversion Canal, Vicksburg, Miss., from its mouth 
at Kleinston Landing to Fisher Street; navigation.

    (a) Speed. Excessive speeding is prohibited. 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, 
floodwalls withstanding floodwaters, buildings submerged or partially 
submerged by high waters, or any other structure or improvement likely 
to be damaged by collision, suction, or wave action.
    Note: The Corps of Engineers also has regulations dealing with this 
section in 33 CFR Part 207.



Sec. 162.90  White River, Arkansas Post Canal, Arkansas River, and 

Verdigris River between Mississippi River, Ark., and Catoosa, Okla.; 
use, administration, 
          and navigation.

    (a) The regulations in this section shall apply to:
    (1) Waterways. White River between Mississippi River and Arkansas 
Post Canal, Ark.; Arkansas Post Canal, Ark.; Arkansas River between 
Arkansas Post Canal, Ark., and Verdigris River, Okla.; Verdigris River 
between Arkansas River and Catoosa, Okla.; and reservoirs on these 
waterways between Mississippi River Ark., and Catoosa, Okla.
    (2) Bridges, wharves and other structures. All bridges, wharves, and 
other structures in or over the waterways described in paragraph (a)(1) 
of this section.
    (3) Vessels and rafts. The term ``vessels'' as used in this section 
includes every description of watercraft used, or capable of being used, 
as a means of transportation on water, other than rafts.
    (b) Waterways:
    (1) Fairway. A clear channel shall at all times be left open to 
permit free and unobstructed navigation by all types of vessels and 
rafts that normally use the various waterways or sections thereof. The 
District Commander may specify the width of the fairway required in the 
waterways under his charge.

[[Page 597]]

    (2) Anchoring or mooring in waterway. (i) No vessels or rafts shall 
anchor or moor in any of the land cuts or other narrow parts of the 
waterway, except in an emergency. Whenever it becomes necessary for a 
vessel or raft to stop in any such portions 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 rafts. Stoppages 
shall be only for such periods as may be necessary.
    (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) Speed. (i) Excessive speed in narrow sections is prohibited. 
Official signs indicating limiting speeds through critical sections 
shall be strictly obeyed.
    (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) Assembly and handling of tows. (i) All vessels drawing tows not 
equipped with rudders in restricted channels and land cuts shall use two 
towlines, or a bridlse on one towline, shortened to the greatest 
possible extent 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 length 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

[[Page 598]]

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 is permissible provided that 
adequate power is employed to keep the tow under full control at all 
times.
    (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) Projections from vessels. No vessels 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 enter or pass through any of the narrow parts of the waterway.
    (6) Meeting and passing. Vessels on meeting or overtaking shall give 
the proper signals and pass in accordance with the Inland Rules and the 
Pilot Rules for Inland Waters. Rafts shall give to vessels the side 
demanded by proper signal. All vessels approaching dredges or other 
plant engaged on improvements to a waterway shall give the signal for 
passing and slow down sufficiently to stop if so ordered or if no 
answering signal is received. On receiving the answering signal, they 
shall then pass at a speed sufficiently slow to insure safe navigation. 
Vessels approaching an intersection or bend where the view is obstructed 
must exercise due caution. At certain intersections where strong 
currents may be encountered, sailing directions may be issued from time 
to time through navigation bulletins or signs posted on each side of the 
intersections which must be observed.
    Note: The Corps of Engineers also has regulations dealing with this 
section in 33 CFR Part 207.



Sec. 162.100  Ohio River at Louisville, KY.

    (a) Emergency Mooring Buoys. The U.S. Army Corp of Engineers has 
established four pairs of emergency mooring bouys. Each buoy is 10 feet 
in diameter with retro-reflective sides. The two buoys which comprise 
each pair are 585 feet apart and are located approximately at:
    (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).
    Note: 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) The regulations. A vessel must not use the emergency mooring 
buoys that have been established by the U.S. Army Corps of Engineers, 
unless specifically authorized. The Captain of the Port, upon request, 
may authorize the use of the emergency mooring buoys by downbound towing 
vessels that are awaiting Vessel Traffic Center approval to proceed.

[CGD 90-020, 59 FR 36333, July 15, 1994]



Sec. 162.105  Missouri River; administration and navigation.

    (a) Supervision. The District Commander, Eighth Coast Guard 
District, has certain administrative supervision overreaches of the 
river within the limits of his district and is charged with the 
enforcement under his direction of emergency regulations to govern 
navigation on the river.
    (b) Navigation. During critical flood stages on any particular 
limited reach of the Missouri River when lives, floating plant, or major 
shore installations and levees are endangered, the District Commander in 
charge of the locality shall have the authority to declare the reach of 
the river closed to navigation or to prescribe temporary speed 
regulations whenever it appears to him that such action is necessary to 
prevent immediate human suffering or to mitigate major property damage 
or destruction from wave action. The period of closure and all speed 
regulations prescribed by the District Commander shall be for the 
duration of the emergency as determined by the District Commander and 
shall be terminated at

[[Page 599]]

the earliest practicable time that improved river conditions permit.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by USCG-1998-3799, 
63 FR 35532, June 30, 1998]



Sec. 162.110  Duluth-Superior Harbor, Minnesota and Wisconsin.

    (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.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981]



Sec. 162.115  Keweenaw Waterway, Mich.

    No vessel greater than 40 feet in length may exceed 8 miles per hour 
between Lily Pond and Pilgrim Point.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981, as amended by CGD 09-00-010, 65 
FR 53595, Sept. 5, 2000]



Sec. 162.117  St. Marys River, Sault Ste. Marie, Michigan.

    (a) The area. The waters of the St. Marys River and lower Whitefish 
Bay from 45[deg]57[min] N. (De Tour Reef Light) to the south, to 
46[deg]38.7[min] 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) Definitions. As used in this section:
    Two-way route means a directional route within defined limits inside 
which two-way traffic is established, and which is intended to improve 
safety in waters where navigation is difficult.
    Two-way traffic means that traffic flow is permitted in opposing 
directions, but a vessel may not meet, cross, nor overtake any other 
vessel in such a manner that it would be abreast of more than one other 
vessel within the defined limits of a waterway.
    (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) Traffic Rules. (1) A vessel must proceed only in the established 
direction of traffic flow in the following waters:
    (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''.

[[Page 600]]

    (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) Winter Navigation. During the winter navigation season, the 
following waterways are normally closed:
    (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) Alternate Winter Navigation Routes. (1) When West Neebish 
Channel is closed, Middle Neebish Channel (from Buoy ``2'' to Buoy 
``76'') will be open either as a two-way route or an alternating one way 
traffic lane.
    (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.
    Note: 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) Speed Rules. (1) The following speed limits indicate speed over 
the ground. Vessels must adhere to the following speed limits:

              Table 162.117(g)--St. Marys River Speed Rules
------------------------------------------------------------------------
              Maximum speed limit between                 Mph      Kts
------------------------------------------------------------------------
De Tour Reef Light and Sweets Point Light.............       14     12.2
Round Island Light and Point Aux Frenes Light ``21''..       14     12.2
Munuscong Lake Lighted Buoy ``8'' and Everens Point...       12     10.4
Everens Point and Reed Point..........................        9      7.8
Reed Point and Lake Nicolet Lighted Buoy ``62''.......       10      8.7
Lake Nicolet Lighted Buoy ``62'' and Lake Nicolet            12     10.4
 Light ``80''.........................................
Lake Nicolet Light ``80'' and Winter Point (West             10      8.7
 Neebish Channel).....................................
Lake Nicolet Light ``80'' and Six Mile Point Range           10      8.7
 Rear Light...........................................
Six Mile Point Range Rear Light and lower limit of the
 St. Marys Falls Canal
    Upbound...........................................        8      7.0
    Downbound.........................................       10      8.7
Upper limit of the St. Marys Falls Canal and Point Aux       12     10.4
 Pins Main Light......................................
------------------------------------------------------------------------
Note: A vessel must not navigate any dredged channel at a speed of less
  than 5 statute miles per hour (4.3 knots).

    (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 Federal Register and Local Notice to Mariners. These 
temporary speed limits, if imposed, will normally be placed in effect 
and terminated during the winter navigation season.
    (h) Towing Requirement. A towing vessel must: (1) Maintain positive 
control of its tow south of Gros Cap Reef Light;
    (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.

[CGD 90-020, 59 FR 36333, July 15, 1994, as amended by CGD 95-033, 60 FR 
28333, May 31, 1995; USCG-1998-3799, 63 FR 35532, June 30, 1998; USCG-
2003-15404, 68 FR 37741, June 25, 2003]

[[Page 601]]



Sec. 162.120  Harbors on Lake Michigan.

    (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.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981]



Sec. 162.125  Sturgeon Bay and the Sturgeon Bay Ship Canal, Wisc.

    (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.
    Note: The Corps of Engineers also has regulations dealing with these 
areas in 33 CFR Part 207.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981]



Sec. 162.130  Connecting waters from Lake Huron to Lake Erie; general 
rules.

    (a) Purpose. The regulations in Sec. Sec. 162.130 through 162.140 
prescribe rules for vessel operation in U.S. waters connecting Lake 
Huron to Lake Erie (including the River Rouge) to prevent collisions and 
groundings, to protect waterway improvements, and to protect these 
waters from environmental harm resulting from collisions and groundings.
    Note: 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) Applicability. (1) Unless otherwise specified, the rules in 
Sec. Sec. 162.130 through 162.140 apply to all U.S. vessels and all 
other vessels in U.S. waters.
    (2) The speed rules in Sec. 162.138 apply to vessels 20 meters or 
more in length.
    (3) The communication rules in Sec. 162.132, the traffic rules in 
Sec. 162.134, except for Sec. 162.134(c)(2), and the anchorage rules 
in Sec. 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 Sec. 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) Definitions. As used in Sec. Sec. 162.130 through 162.140:
    Captain of the Port means the United States Coast Guard Captain of 
the Port of Detroit, Michigan.
    Detroit River means the connecting waters from Windmill Point Light 
to the lakeward limits of the improved

[[Page 602]]

navigation channels at the head of Lake Erie.
    District Commander means Commander, Ninth Coast Guard District, 
Cleveland, Ohio.
    Master means the licensed master or operator, the person designated 
by the master or operator to navigate the vessel, or, on a vessel not 
requiring licensed personnel, the person in command of the vessel.
    River Rouge means the waters of the Short Cut Canal and the River 
Rouge from Detroit Edison Cell Light 1 to the head of navigation.
    St. Clair River means the connecting waters from the lakeward limit 
of the improved navigation channel at the lower end of Lake Huron to St. 
Clair Flats Canal Light 2.
    SARNIA TRAFFIC means the Canadian Coast Guard traffic center at 
Sarnia Ontario.
    (d) Laws and regulations not affected. The regulations in Sec. Sec. 
162.130 through 162.140 do not relieve the owners or operators of 
vessels from complying with any other laws or regulations relating to 
navigation on the Great Lakes and their connecting or tributary waters.
    (e) Delegations. The District Commander, in coordination with 
appropriate Canadian officials, may make local arrangements that do not 
conflict with these regulations in the interest of safety of operations, 
to facilitate traffic movement and anchorage, to avoid disputes as to 
jurisdiction and to take necessary action to render assistance in 
emergencies. This authority may be redelegated.

[CGD 78-151, 49 FR 18301, Apr. 30, 1984; 49 FR 26722, June 29, 1984, as 
amended by CGD 85-060, 51 FR 17016, May 8, 1986; CGD 93-024, 58 FR 
59365, Nov. 9, 1993]



Sec. 162.132  Connecting waters from Lake Huron to Lake Erie; 
communications rules.

    (a) Radio listening watch. The master of each vessel required to 
comply with this section shall continuously monitor:
    (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) Radiotelephone equipment. Reports required by this section shall 
be made by the master using a radiotelephone capable of operation on a 
vessel's navigation bridge, or in the case of a dredge, from its main 
control station.
    (c) English language. Reports required by this section shall be made 
in the English language.
    (d) Traffic reports. (1) Reports required by this section shall be 
made to SARNIA TRAFFIC on the frequency designated for the radio 
listening watch in paragraph (a) of this section.
    (2) Reports shall include the name of the vessel, location, intended 
course of action, and ETA at next reporting point.
    (e) Permanent reporting points. The master of each vessel to which 
this section applies shall report as required by paragraph (d) of this 
section at the location indicated in Table I.

                                 Table I
------------------------------------------------------------------------
   Downbound vessels         Reporting points         Upbound vessels
------------------------------------------------------------------------
Report................  30 Minutes North of Lake
                         Huron Cut.
                        Lighted Horn Buoy ``11''
Report................  Lake Huron Cut Light
                         ``7''
                        Lake Huron Cut Lighted     Report.
                         Buoy ``1''.
Report................  St. Clair/Black River      Report.
                         Junction Light.
                        Stag Island Upper Light..  Report.
Report................  Marine City Salt Dock      Report.
                         Light.
Report................  Grande Pointe Light
                         ``23''
                        St. Clair Flats Canal      Report.
                         Light ``2''.
Report................  Lake St. Clair Light.....  Report.
Report................  Belle Isle Light
Report................  Grassy Island Light......  Report.
Report................  Detroit River Light......  Report.
------------------------------------------------------------------------

    (f) Additional traffic reports.
    (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) Report of impairment or other hazard. The master of a vessel 
shall report to SARNIA TRAFFIC as soon as possible:

[[Page 603]]

    (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) Exemptions. Compliance with this section is not required when a 
vessel's radiotelphone equipment has failed.

[CGD 78-151, 49 FR 18301, Apr. 30, 1984; 49 FR 26722, June 29, 1984, as 
amended by CGD 85-060, 51 FR 17016, May 8, 1986; CGD 85-060, 51 FR 
37274, Oct. 21, 1986]



Sec. 162.134  Connecting waters from Lake Huron to Lake Erie; traffic 
rules.

    (a) Detroit River. The following traffic rules apply in the Detroit 
River:
    (1) The West Outer Channel is restricted to downbound vessels.
    (2) The Livingston Channel, west of Bois Blanc Island, is restricted 
to downbound vessels.
    Note: 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) River Rouge. In the River Rouge, no vessel shall overtake 
another vessel.
    (c) St. Clair River. The following traffic rules apply in the St. 
Clair River:
    (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 Sec. 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 Sec. 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.

[CGD 78-151, 49 FR 18302, Apr. 30, 1984; 49 FR 26722, June 29, 1984, as 
amended by CGD 09-95-002, 60 FR 35701, July 11, 1995]



Sec. 162.136  Connecting waters from Lake Huron to Lake Erie; anchorage 
grounds.

    (a) In the Detroit River, vessels shall be anchored so as not to 
swing into the channel or across steering courses.
    Note: 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.

[CGD 78-151, 49 FR 18302, Apr. 30, 1984, as amended by CGD 85-060, 51 FR 
17016, May 8, 1986]

[[Page 604]]



Sec. 162.138  Connecting waters from Lake Huron to Lake Erie; speed rules.

    (a) Maximum speed limit for vessels in normal displacement mode. (1) 
Except when required for the safety of the vessel or any other vessel, 
vessels of 20 meters or more in length operating in normal displacement 
mode shall proceed at a speed not greater than--
    (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) Maximum speed limit for vessels operating in nondisplacement 
mode. (1) Except when required for the safety of the vessel or any other 
vessel, vessels 20 meters or more in length but under 100 gross tons 
operating in the nondisplacement mode and meeting the requirements set 
out in paragraph (c) of this section, may operate at a speed not 
exceeding 40 miles per hour (34.8 knots)--
    (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) Unsafe vessels. The Captain of the Port or the District 
Commander may deny approval for operations under paragraph (b) of this 
section if it appears that the design and operating characteristics of 
the vessels in question are not safe for the designated waterways, or if 
it appears that operations under this section have become unsafe for any 
reason.
    (d) Temporary speed limits. The District Commander may temporarily 
establish speed limits or temporarily amend existing speed limit 
regulations on the waters described in Sec. 162.130(a).

[CGD 09-95-002, 60 FR 35702, July 11, 1995]



Sec. 162.140  Connecting waters from Lake Huron to Lake Erie; 
miscellaneous rules.

    (a) Rules for towing vessels. (1) A towing vessel may drop or anchor 
its tows only in accordance with the provisions of Sec. 162.136.
    (2) A towing vessel engaged in arranging its tow shall not obstruct 
the navigation of other vessels.
    (b) Pilots. In the St. Clair River between Lake Huron Cut Lighted 
Buoy 1 and Port Huron Traffic Lighted Buoy, vessels shall not take on, 
discharge, or exchange pilots unless weather conditions would make the 
maneuver unsafe in the customary pilot area.

[CGD 78-151, 49 FR 18302, Apr. 30, 1984]



Sec. 162.145  Monroe Harbor, Mich.

    (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.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981]



Sec. 162.150  Maumee Bay and River, Ohio.

    (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.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981]



Sec. 162.155  Sandusky and Huron Harbors, Ohio.

    (a) In Sandusky Harbor, no vessel greater than 40 feet in length may 
exceed 10 miles per hour.

[[Page 605]]

    (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.
    Note: The Corps of Engineers also has regulations dealing with these 
areas in 33 CFR Part 207.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981]



Sec. 162.160  Vermilion, Lorain, Cleveland, Fairport, Ashtabula, and 
Conneaut Harbors, Ohio.

    (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.
    Note: The Corps of Engineers also has regulations dealing with these 
areas in 33 CFR Part 207.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981]



Sec. 162.165  Buffalo and Rochester Harbors, New York.

    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.
    Note: The Corps of Engineers also has regulations dealing with these 
areas in 33 CFR Part 207.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981]



Sec. 162.175  Black Rock Canal and Lock at Buffalo, New York.

    In the Black Rock Canal and Lock, no vessel may exceed 6 miles per 
hour.
    Note: The Corps of Engineers also has regulations dealing with these 
areas in 33 CFR Part 207.

[CGD 79-151, 46 FR 7960, Jan. 26, 1981]



Sec. 162.195  Santa Monica Bay, Calif.; restricted area.

    (a) The area. The waters of the Pacific Ocean, Santa Monica Bay, in 
an area extending seaward from the shoreline a distance of about 5 
nautical miles (normal to the shoreline) and basically outlined as 
follows:

------------------------------------------------------------------------
                 Station                  Latitude North  Longitude West
------------------------------------------------------------------------
A.......................................  33[deg]54[min]  118[deg]25[min
                                                 59[Sec. ]41[sec]
B.......................................  33[deg]54[min]  118[deg]28[min
                                                 59[Sec. ]00[sec]
C.......................................  33[deg]53[min]  118[deg]31[min
                                               59.5[Sec. ]37[sec]
D.......................................  33[deg]56[min]  118[deg]34[min
                                               19.5[Sec. ]05[sec]
E.......................................  33[deg]56[min]  118[deg]26[min
                                                 25[Sec. ]29[sec]
------------------------------------------------------------------------

    (b) The regulations. (1) Vessels shall not anchor within the area at 
any time without permission.
    (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.



Sec. 162.200  Marina del Rey, Calif.; restricted area.

    (a) The area. That portion of the Pacific Ocean lying shoreward of 
the offshore breakwater and the most seaward 1,000 feet of the entrance 
channel between the north and south jetties, and basically outlined as 
follows:

------------------------------------------------------------------------
                 Station                     Latitude        Longitude
------------------------------------------------------------------------
A.......................................  33[deg]57[min]  118[deg]27[min
                                               46.0[Sec. ]39.5[sec]
B.......................................  33[deg]57[min]  118[deg]27[min
                                               52.3[Sec. ]43.6[sec]
C.......................................  33[deg]57[min]  118[deg]27[min
                                               48.6[Sec. ]48.8[sec]
D.......................................  33[deg]57[min]  118[deg]27[min
                                               29.8[Sec. ]34.7[sec]
E.......................................  33[deg]57[min]  118[deg]27[min
                                               30.9[Sec. ]29.1[sec]
F.......................................  33[deg]57[min]  118[deg]27[min
                                               37.4[Sec. ]33.8[sec]
G.......................................  33[deg]57[min]  118[deg]27[min
                                               42.4[Sec. ]23.0[sec]
H.......................................  33[deg]57[min]  118[deg]27[min
                                               50.6[Sec. ]28.3[sec]
------------------------------------------------------------------------

    (b) The regulations. (1) Vessels shall not anchor within the area at 
any time without permission except in an emergency.
    (2) Dredging, dragging, seining, or other fishing operations which 
might foul underwater installations within the area are prohibited.

    Note: The Corps of Engineers also has regulations dealing with this 
section in 33 CFR Part 207.

[[Page 606]]



Sec. 162.205  Suisun Bay, San Joaquin River, Sacramento River, and 
connecting waters, CA.

    (a) San Joaquin River Deep Water Channel between Suisun Bay and the 
easterly end of the channel at Stockton; use, administration and 
navigation--(1) Maximum speed. The maximum speed for all ocean-going 
craft shall not exceed 10 miles per hour above the lower end of New York 
Slough, seven miles per hour above Criminal Point, or five miles per 
hour while passing any wharf, dock, or moored craft. As used in this 
paragraph, the speed of a vessel when navigating with the current shall 
be its rate of movement in excess of the velocity of the current.
    (2) Passing. All craft passing other boats, barges, scows, etc., in 
motion, moored or anchored, shall slow down and take every necessary 
precaution to avoid damage.
    (3) Right of way. (i) United States dredges, tugs, launches, derrick 
boats, and similar plant of contractors executing river and harbor 
improvement work for the United States, and displaying the signals 
prescribed by the regulations contained in Part 80 of this chapter shall 
have the right of way and other craft shall exercise special caution to 
avoid interference with the work on which the plant is engaged. Dredges, 
whether Federal or contractors' plant, working the channel must however, 
take special care to give ocean-going vessels sufficient room for 
passing, and must lift both spuds and the ladder, and pull clear, if an 
adequate width of clear channelway cannot otherwise be provided. Ocean-
going vessels may show at the masthead a black ball not more than 20 
inches in diameter as a signal to the dredge, and may also blow five 
long blasts of the whistle when within reasonable hearing distance of 
the dredge, such signal to be followed at the proper time by the passing 
signal described in the local pilot rules. The dredge shall promptly 
acknowledge both signals in the usual manner.
    (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) Collisions. (i) Ocean-going vessels in collision in the channel 
or turning basin must, if still afloat and in a condition making 
anchorage necessary, be immediately removed to an approved anchorage 
ground, or if in such condition that beaching is necessary, they shall 
be temporarily beached on the northwest side of Mandeville Island or in 
the Old River.
    (ii) Light-draft vessels suffering collision shall be disposed of as 
directed by the District Commander or his authorized representative.
    (5) Wrecks. In no case following accidents of fire or collision will 
a vessel be allowed to remain either anchored or grounded in the 
channel, or beached at any place where it endangers other vessels, while 
settlement is pending with the underwriters.
    (6) Other laws and regulations. In all other respects, the existing 
Federal laws and rules and regulations affecting navigable waters of the 
United States will govern in this channel.
    (b) Sacramento Deep Water Ship Channel between Suisun Bay and 
easterly end of Turning Basin at West Sacramento; use, administration, 
and navigation--(1) Maximum speed for all ocean going craft--(i) Between 
Tolands Landing (Mile 6.2) and Rio Vista Bridge. When going against a 
current of two knots or more, the maximum speed over the bottom shall 
not exceed 8 knots. When going with the current, in slack water, or 
against a current of two knots or less, the maximum speed through the 
water shall not exceed 10 knots.
    (ii) Between Rio Vista Bridge and Port of Sacramento. When going 
against a current of two knots or more, the maximum speed over the 
bottom shall not exceed 5 knots. When going with the current, in slack 
water, or against a current of two knots or less, the maximum speed 
through the water shall not exceed 7 knots.
    (iii) Speed past docks or moored craft. Within 550 feet of the 
centerline of the

[[Page 607]]

channel the speed shall be the minimum required to maintain steerageway; 
wind, tide, current, etc., being taken into consideration.
    (iv) Passing. All craft passing other boats, barges, scows, etc., 
underway, moored or anchored, shall take every necessary precaution to 
avoid damage.
    (v) Speed, high-water precautions. When passing another vessel 
(underway, anchored, or tied up); a wharf or other structure; work under 
construction; plant engaged in river and harbor improvement; levees 
withstanding flood waters; buildings partially or wholly submerged by 
high water; or any other structure liable to damage by collision, 
suction or wave action; vessels shall give as much leeway as 
circumstances permit and reduce their speed sufficiently to preclude 
causing damage to the vessel or structure being passed. As deemed 
necessary for public safety during high river stages, floods, or other 
emergencies, the District Commander may prescribe, by navigation 
bulletins or other means, the limiting speed in knots or temporarily 
close the waterway or any reach of it to traffic. Since this 
subparagraph pertains directly to the manner in which vessels are 
operated, masters of vessels shall be held responsible for strict 
observance and full compliance herewith.
    (2) Right of way. (i) Dredges, tugs, launches, derrick boats and 
other similar equipment, executing river and harbor improvement work for 
the United States, and displaying the signals prescribed by the 
regulations contained in Part 80, of this Chapter, shall have the right-
of-way and other craft shall exercise special caution to avoid 
interference with the work on which the plant is engaged. Dredges, 
whether Federal or contractor's plant, working the channel must however, 
take special care to give ocean-going vessels sufficient room for 
passing, and must lift both spuds and the ladder, and pull clear, if an 
adequate width of clear channelway cannot otherwise be provided.
    (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) Obstruction of traffic. (i) Except as provided in paragraph 
(c)(2) of this section no person shall willfully or carelessly obstruct 
the free navigation of the waterway, or delay any vessel having the 
right to use the waterway.
    (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

[[Page 608]]

possible to such anchorage as will leave the channel clear for the 
passage of vessels.
    (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) Collisions. (i) Ocean-going vessels in collision in the channel 
or turning basin, must if still afloat and in a condition making 
anchorage necessary, be immediately removed to an approved anchorage 
ground, or if in such condition that beaching is necessary, they shall 
be temporarily beached on the southwest side of Ryer Island from Mile 
15.0 to Mile 16.3 or in the Harbor and Turning Basin at West Sacramento.
    (ii) Light-draft vessels suffering collision shall be disposed of as 
directed by the District Commander or his authorized representative.
    (5) Marine accidents. Masters, mates, pilots, owners, or other 
persons using the waterway to which this paragraph applies shall notify 
the District Commander and in the case of undocumented vessels, the 
State Division of Small Craft Harbors also, by the most expeditious 
means available of all marine accidents, such as fire, collision, 
sinking or stranding, where there is possible obstruction of the channel 
or interference with navigation or where damage to Government property 
is involved, furnishing a clear statement as to the name, address, and 
ownership of the vessel or vessels involved, the time and place, and the 
action taken. In all cases, the owner of the sunken vessel shall take 
immediate steps to mark the wreck properly.
    (6) Other laws and regulations. In all other respects, existing 
Federal laws and rules and regulations affecting navigable waters of the 
United States will govern in this channel.
    (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[deg]06[min]16[sec] N., longitude 
121[deg]42[min]32.5[sec] W.; thence easterly to latitude 
38[deg]06[min]15[sec] N., longitude 121[deg]42[min]27[sec] W.; thence 
southerly to latitude 38[deg]05[min]22[sec] N., longitude 
121[deg]42[min]30[sec] W.; thence southwesterly to latitude 
38[deg]05[min]08[sec] N., longitude 121[deg]42[min]40[sec] W.; thence 
west southwesterly to latitude 38[deg]05[min]02[sec] N., longitude 
121[deg]42[min]50[sec] W.; thence northwesterly to the shore of Decker 
Island at latitude 38[deg]05[min]04[sec] N., longitude 
121[deg]42[min]52.5[sec] 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.
    Note: The Corps of Engineers also has regulations dealing with this 
section in 33 CFR Part 207.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD12 84-07, 51 
FR 12318, Apr. 10, 1986; CGD11-94-007, 60 FR 16796, Apr. 3, 1995; USCG-
1998-3799, 63 FR 35532, June 30, 1998]



Sec. 162.210  Lake Tahoe, Calif.; restricted areas along south shore.

    (a) The areas--(1) Baldwin Beach, under the control of the Forest 
Service, Department of Agriculture. The waters of Lake Tahoe shoreward 
of a line described as follows: Beginning at the intersection of the 
high waterline with the west boundary line of Lot 2, Section 26, 
Township 13 North (Mount Diablo Base Line), Range 17 East (Mount Diablo 
Meridian); thence north 300 feet; thence southeasterly about 2,850 feet 
to the east line of Section 26 at a point 300 feet north of the high 
waterline; thence northeasterly 1,740 feet to a point 300 feet north of 
the high waterline; thence southeasterly about 1,810 feet to the 
projected east line of the former Baldwin property at a point 300 feet 
north of the high waterline; and thence south 300 feet to the high 
waterline.
    (2) Camp Richardson, under the control of the Forest Service, 
Department of Agriculture. The waters of Lake Tahoe shoreward of a line 
described as follows: Beginning at the southeasterly corner of sec. 25, 
T. 13 N., R. 17 E.,

[[Page 609]]

Mount Diablo Base and Meridian; thence north 410 feet along the east 
line of sec. 25; thence northwesterly 95 feet to the high waterline 
which is the true point of beginning; thence north 130 feet; thence 
southeasterly 565 feet; and thence south 130 feet to the high waterline.
    (3) Pope Beach, under the control of the Forest Service, Department 
of Agriculture. The waters of Lake Tahoe shoreward of a line described 
as follows: Beginning at the intersection of the high waterline with the 
west line of the former Pope property, about 750 feet westerly of the 
west boundary line of Lot 2, Section 6, Township 12 North (Mount Diablo 
Base Line), Range 18 East (Mount Diablo Meridian); thence north 300 
feet; thence southeasterly 4,200 feet to a point 300 feet north of the 
high waterline; and thence south 300 feet to the high waterline.
    (4) El Dorado County Beach. The waters of Lake Tahoe shoreward of a 
line described as follows: Beginning at the intersection of the high 
waterline with the west boundary line of Lot 1, Section 32, Township 13 
North (Mount Diablo Base Line), Range 18 East (Mount Diablo Meridian); 
thence north 500 feet; thence northeasterly about 1,350 feet to the 
projected east line of Lot 1 at a point 500 feet north of the high 
waterline; and thence south 500 feet to the high waterline.
    (b) The regulations. No sail or machine-propelled watercraft, except 
vessels owned or controlled by the U.S. Coast Guard, shall navigate or 
anchor in the restricted area.



Sec. 162.215  Lake Tahoe, Nev.; restricted area adjacent to Nevada Beach.

    (a) The restricted area. The waters of Lake Tahoe shoreward of a 
line described as follows: Beginning at the intersection of the high 
waterline with a line projected in a general southerly direction 200 
feet from a point lying 310 feet west of section corner common to 
section 15, 16, 21, and 22, Township 13 North (Mount Diablo Base Line), 
Range 18 East (Mount Diablo Meridian); thence 300 feet lakeward at right 
angles to the high waterline; thence southeasterly approximately 2,170 
feet to the projected south boundary line of the Forest Service property 
at a point 300 feet west of the high waterline; and thence east 300 feet 
to the high water line.
    (b) The regulations. No sail or motor propelled watercraft, except 
vessels owned or controlled by the United States Government and vessels 
duly authorized by the United States Coast Guard, shall navigate or 
anchor in the restricted area.



Sec. 162.220  Hoover Dam, Lake Mead, and Lake Mohave (Colorado River), 
Ariz.-Nev.

    (a) Lake Mead and Lake Mohave; restricted areas--(1) The areas. That 
portion of Lake Mead extending 700 feet upstream of the axis of Hoover 
Dam and that portion of Lake Mohave (Colorado River) extending 4,500 
feet downstream of the axis of Hoover Dam.
    (2) The regulations. The restricted areas shall be closed to 
navigation and other use by the general public. Only vessels owned by or 
controlled by the U.S. Government and the States of Arizona and Nevada 
shall navigate or anchor in the restricted areas: Provided, however, The 
Regional Director, Region 3, U.S. Bureau of Reclamation, Boulder City, 
Nev., may authorize, by written permit, individuals or groups to 
navigate or anchor in the restricted areas when it is deemed in the 
public interest. Copies of said permits shall be furnished the enforcing 
agencies.
    (b) Lake Mead; speed regulation. In that portion of Lake Mead 
extending 300 feet upstream of the restricted area described in 
paragraph (a) of this section, a maximum speed of 5 miles per hour shall 
not be exceeded.
    (c) Supervision. The regulations in this section shall be supervised 
by the District Commander, Eleventh Coast Guard District.



Sec. 162.225  Columbia and Willamette Rivers, Washington and Oregon; 
administration and navigation.

    (a) Supervision. The District Commander, Thirteenth Coast Guard 
District, has certain administrative supervision over the Columbia and 
Willamette Rivers, and is charged with the enforcement under his 
direction of emergency regulations to govern navigation of these 
streams.

[[Page 610]]

    (b) Speed. During very high water stages (usually 25 feet or more on 
the Vancouver, Washington, gage) when lives, floating plant or major 
shore installations are endangered, the District Commander shall have 
authority to prescribe such temporary speed regulations as he may deem 
necessary for the public safety. During critical periods of freshets 
under 25 feet on the Vancouver, Washington, gage when construction is in 
progress, rehabilitation, or other unusual emergency makes a major shore 
installation susceptible to loss or major damage from wave action, the 
District Commander shall have authority to prescribe for a particular 
limited reach of the river as appropriate such temporary speed 
regulations as he may deem necessary to protect the integrity of such 
structure. All speed regulations prescribed by the District Commander 
shall be obeyed for the duration of the emergency and shall be 
terminated at the earliest practicable time that improved stream 
conditions permit.



Sec. 162.230  Columbia River, Wash.

    (a) Grand Coulee Dam discharge channel; restricted area--(1) The 
area. That portion of the Columbia River between Grand Coulee Dam 
(situated at river mile 596.6) and river mile 593.7.
    (2) The regulations. (i) No vessel shall enter or navigate within 
the area without permission from the enforcing agency.
    (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.



Sec. 162.235  Puget Sound Area, Wash.

    (a) Waterway connecting Port Townsend and Oak Bay; use, 
administration, and navigation--(1) Works to which regulations apply. 
The ``canal grounds'' when used in this paragraph shall mean that area 
between the south end of the jetties in Oak Bay and the northerly end of 
the dredge channel approximately 400 yards northwest of Port Townsend 
Canal Light. The ``canal'' is the water lying between these limits and 
the banks containing the same.
    (2) Speed. The speed limit within the canal grounds shall not exceed 
five miles per hour.
    (3) Signals. All boats desiring to use the canal shall give one long 
and one short whistle. Southbound boats shall sound the signal within 
600 yards of Port Townsend Canal Light. Northbound boats shall sound 
this signal at least 500 feet south from the end of the jetties in Oak 
bay. If no other boat answers the signal the first boat shall have the 
right of way through the canal. Any approaching boat that is in the 
canal shall answer by giving the same signal and the first boat shall 
not enter the canal until the second boat shall have passed through the 
canal. In the case of boats going in the same direction the boat which 
is in the canal shall not answer the signal of the boat desiring to 
enter.
    (4) Passing. Steamers shall not under any circumstances attempt to 
pass each other in the canal, either when going in the same or opposite 
directions.
    (5) Anchoring. No steamers or boats shall anchor or tie up within 
the canal grounds unless they are well over on the tide flats to the 
west of the dredged channel, and off the right of way belonging to the 
United States.
    (6) Tows. No tow shall enter or pass through the canal with a 
towline more than 200 in length.
    (7) Delaying traffic. No person shall cause or permit any vessel or 
boat of which he is in charge, or on which he is employed, to obstruct 
the canal in any way or delay in passing through it.
    (b) West Waterway, Seattle Harbor; navigation. (1) The movement of 
vessels of 250 gross tons or over and all vessels with tows of any kind 
through the narrow section of West Waterway between the bend at Fisher's 
Flour Mill dock and the bend at the junction of East Waterway with 
Duwamish Waterway, and through the draws of the City of Seattle and 
Northern Pacific Railway Company bridges crossing this narrow section, 
shall be governed by red and green traffic signal lights mounted on the 
north and south sides of the west tower of the City Light power crossing 
at West Spokane Street.
    (2) Two green lights, one vertically above the other, displayed 
ahead of a

[[Page 611]]

vessel, shall indicate that the waterway is clear. Two red lights, one 
vertically above the other, displayed ahead of a vessel, shall indicate 
that the waterway is not clear.
    (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.
    Note: The Corps of Engineers also has regulations dealing with this 
section in 33 CFR Part 207.



Sec. 162.240  Tongass Narrows, Alaska; navigation.

    (a) Definitions. The term ``Tongass Narrows'' includes the body of 
water lying between Revillagigedo Channel and Guard Island in Clarence 
Strait.
    (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[deg]19[min]22.0[sec] N, 131[deg]36[min]40.5[sec] W 
and Tongass Narrows West Channel Regulatory marker at position 
55[deg]19[min]28.5[sec] N, 131[deg]39[min]09.7[sec] 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.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 77-217, 43 
FR 60458, Dec. 28, 1978; CGD 82-039, 47 FR 27266, June 24, 1982; USCG-
1998-3799, 63 FR 35532, June 30, 1998; CGD17-99-002, 64 FR 29557, June 
2, 1999, 64 FR 32103, June 15, 1999; CGD 17-99-002, 65 FR 18245, Apr. 7, 
2000]



Sec. 162.245  Kenai River, Kenai, Alaska; use, administration, and 
navigation.

    (a) The area. The main channel area of the river, having a width of 
150 feet, beginning at a point directly offshore from the centerline of 
the city dock and extending about 2,200 feet upstream to a point 200 
feet upstream from the Inlet Co. dock.
    (b) The regulations. (1) Vessels may navigate, anchor, or moor 
within the area until such time as notification is received or 
observation is made of intended passage to or from the docking areas.
    (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.



Sec. 162.250  Port Alexander, Alaska; speed of vessels.

    (a) Definition. The term ``Port Alexander'' includes the entire 
inlet from its head to its entrance from Chatham Strait.
    (b) Speed. The speed of all vessels of 5 tons or more gross, ships 
register, shall not exceed 3 miles per hour either in entering, leaving, 
or navigating within Port Alexander, Alaska.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 82-039, 47 
FR 27266, June 24, 1982]



Sec. 162.255  Wrangell Narrows, Alaska; use, administration, and 
navigation.

    (a) Definitions. (1) The term ``Wrangell Narrows'' includes the 
entire body of water between Wrangell Narrows North Entrance Lighted 
Bell Buoy 63 and Midway Rock Light.

[[Page 612]]

    (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) Speed restrictions. No vessel shall exceed a speed of seven (7) 
knots in the vicinity of Petersburg, between Wrangell Narrows Channel 
Light 58 and Wrangell Narrows Lighted Buoy 60.
    (c) Tow channel. The following route shall be taken by all tows 
passing through Wrangell Narrows when the towboat has a draft of 9 feet 
or less (northbound, read down; southbound, read up):

East of Battery Islets:
    East of Tow Channel Buoy 1 TC.
    East of Tow Channel Buoy 3 TC.
    West of Tow Channel Buoy 4 TC.
East of Colorado Reef:
    East of Wrangell Narrows Channel Light 21.
    West of Wrangell Narrows Channel Lighted Buoy 25.
    East of Tow Channel Buoy 5 TC.
    East of Tow Channel Buoy 7 TC.
West of Petersburg:
    East of Wrangell Narrows Channel Light 54 Fr.
    East of Wrangell Narrows Channel Light 56 Qk FR.
    East of Wrangell Narrows Channel Light 58 Fr., thence proceeding to 
west side of channel and leaving Wrangell Narrows by making passage 
between Wrangell Narrows Channel Daybeacon 61 and Wrangell Narrows North 
Entrance Lighted Bell Buoy 63 F.

    (d) Size of tows. The maximum tows permitted shall be one pile 
driver, or three units of other towable equipment or seven raft 
sections.
    (e) Arrangement of tows. (1) No towline or aggregate of towlines 
between towboat and separated pieces shall exceed 150 feet in length.
    (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) Anchorage. Vessels may anchor in the anchorage basin in the 
vicinity of Anchor Point. No craft or tow shall be anchored in Wrangell 
Narrows in either the main ship channel or the towing channel, nor shall 
any craft or tow be anchored so that it can swing into either of these 
channels.
    (g) Disabled craft. Disabled craft in a condition of absolute 
necessity are exempt from the regulations in this section.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 82-039, 47 
FR 27266, June 24, 1982; CGD 94-026, 60 FR 63624, Dec. 12, 1995]



Sec. 162.260  Channel leading to San Juan Harbor, P.R.; use, 
administration, and navigation.

    (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.



Sec. 162.270  Restricted areas in vicinity of Maritime Administration 
Reserve Fleets.

    (a) The regulations in this section shall govern the use and 
navigation of waters in the vicinity of the following

[[Page 613]]

National Defense Reserve Fleets of the Maritime Administration, 
Department of Transportation:
    (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.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 86-053, 51 
FR 43742, Dec. 4, 1986]



PART 163_TOWING OF BARGES--Table of Contents




Sec.
163.01 Application.
163.05 Tows of seagoing barges within inland waters.
163.20 Bunching of tows.

    Authority: 33 U.S.C. 152, 2071; 49 CFR l.46(n).



Sec. 163.01  Application.

    (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.

[CGFR 60-61, 25 FR 9045, Sept. 21, 1960, as amended by CGFR 66-59, 31 FR 
13647, Oct. 22, 1966. Redesignated by CGD 81-017, 46 FR 28154, May 26, 
1981]



Sec. 163.05  Tows of seagoing barges within inland waters.

    (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.

[CGFR 60-61, 25 FR 9045, Sept. 21, 1960. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981]



Sec. 163.20  Bunching of tows.

    (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.

[CGFR 60-61, 25 FR 9045, Sept. 21, 1960, as amended by CGFR 64-21, 29 FR 
5733, Apr. 30, 1964. Redesignated by CGD 81-017, 46 FR 28154, May 26, 
1981]



PART 164_NAVIGATION SAFETY REGULATIONS--Table of Contents




Sec.
164.01 Applicability.
164.02 Applicability exception for foreign vessels.
164.03 Incorporation by reference.
164.11 Navigation under way: General.
164.13 Navigation underway: tankers.
164.15 Navigation bridge visibility.
164.19 Requirements for vessels at anchor.
164.25 Tests before entering or getting underway.
164.30 Charts, publications, and equipment: General.
164.33 Charts and publications.
164.35 Equipment: All vessels.
164.37 Equipment: Vessels of 10,000 gross tons or more.
164.38 Automatic radar plotting aids (ARPA).
164.39 Steering gear: Foreign tankers.

[[Page 614]]

164.40 Devices to indicate speed and distance.
164.41 Electronic position fixing devices.
164.42 Rate of turn indicator.
164.43 Automatic Identification System Shipborne Equipment--Prince 
          William Sound.
164.46 Automatic Identification System (AIS).
164.51 Deviations from rules: Emergency.
164.53 Deviations from rules and reporting: Non-operating equipment.
164.55 Deviations from rules: Continuing operation or period of time.
164.61 Marine casualty reporting and record retention.
164.70 Definitions.
164.72 Navigational-safety equipment, charts or maps, and publications 
          required on towing vessels.
164.74 Towline and terminal gear for towing astern.
164.76 Towline and terminal gear for towing alongside and pushing ahead.
164.78 Navigation under way: Towing vessels.
164.80 Tests, inspections, and voyage planning.
164.82 Maintenance, failure, and reporting.

    Authority: 33 U.S.C. 1222(5), 1223, 1231; 46 U.S.C. 2103, 3703; 
Department of Homeland Security Delegation No. 0170.1 (75). Sec. 164.13 
also issued under 46 U.S.C. 8502. Sec. 164.61 also issued under 46 
U.S.C. 6101.



Sec. 164.01  Applicability.

    (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 Sec. 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 
Sec. 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 Sec. 
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 Sec. Sec. 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 Sec. 164.46 apply to some self-propelled vessels 
of less than 1600 gross tonnage.

[CGD 83-004, 49 FR 43466, Oct. 29, 1984, as amended by CGD 94-020, 61 FR 
35072, July 3, 1996; USCG-2000-8300, 66 FR 21864, May 2, 2001; USCG-
2003-14757, 68 FR 39367, July 1, 2003]



Sec. 164.02  Applicability exception for foreign vessels.

    (a) Except as provided in Sec. 164.46(a)(2) of this part, including 
Sec. Sec. 164.38 and 164.39, this part 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.

[CGD 77-063, 44 FR 66530, Nov. 19, 1979, as amended by CGD 79-148, 45 FR 
54039, Aug. 14, 1980; USCG-2003-14757, 68 FR 39367, July 1, 2003; 68 FR 
60569, Oct. 22, 2003]



Sec. 164.03  Incorporation by reference.

    (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 Federal Register and the material must be 
available to the public. All approved material is available for 
inspection at the Office of Vessel Traffic

[[Page 615]]

Management (G-MWV), Coast Guard Headquarters, 2100 Second Street, SW., 
Washington, DC 20593-0001 and at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html. 
All approved material is available from the sources indicated in 
paragraph (b) of this section.
    (b) The materials approved for incorporation by reference in this 
part and the sections affected are as follows:

American Petroleum Institute (API), 1220 L Street NW.,
 Washington, DC 20005
  API Specification 9A, Specification for Wire Rope, Section      164.74
   3, Properties and Tests for Wire and Wire Rope, May 28,
   1984......................................................
American Society for Testing and Materials (ASTM), 100 Barr
 Harbor Drive, West Conshohocken, PA 19428-2959
  ASTM D4268-93, Standard Test Method for Testing Fiber Ropes     164.74
Cordage Institute, 350 Lincoln Street, Hingham, MA 02043
  CIA-3, Standard Test Methods for Fiber Rope Including           164.74
   Standard Terminations, Revised, June 1980.................
International Electrotechnical Commission (IEC), 3, rue de
 Varemb, Geneva, Switzerland.
  IEC 61993-2, Maritime navigation and radiocommunication         164.46
   equipment and systems--Automatic identification systems
   (AIS)--part 2: Class A shipborne equipment of the
   universal automatic identification system (AIS)--
   Operational and performance requirements, methods of test
   and required test results First edition, 2001-12..........
International Maritime Organization (IMO), 4 Albert
 Embankment, London SE1 7SR, U.K.
  IMO Resolution A342(IX), Recommendation on Performance          164.13
   Standards for Automatic Pilots, adopted November 12, 1975.
  Resolution MSC.74(69), Annex 3, Recommendation on               164.46
   Performance Standards for a Universal Shipborne Automatic
   Identification System (AIS), adopted May 12, 1998.........
  SN/Circ.227, Guidelines for the Installation of a Shipborne     164.46
   Automatic Identification System (AIS), datedJanuary 6,
   2003......................................................
  SOLAS, International Convention for Safety of Life at Sea,      164.46
   1974, and 1988 Protocol relating thereto, 2000 Amendments,
   effective January and July 2002, (SOLAS 2000 Amendments)..
  Conference resolution 1, Adoption of amendments to the          164.46
   Annex to the International Convention for the Safety of
   Life at Sea, 1974, and amendments to Chapter V of SOLAS
   1974, adopted December 12, 2002...........................
International Telecommunication Union Radiocommuni- cation
 Bureau (ITU-R), Place de Nations CH-1211 Geneva 20
 Switzerland
  (1) ITU-R Recommendation M.821, Optional Expansion of the       164.43
   Digital Selective-Calling System for Use in the Maritime
   Mobile Service, 1992......................................
  (2) ITU-R Recommendation M.825, Characteristics of a            164.43
   Transponder System Using Digital Selective-Calling
   Techniques for Use with Vessel Traffic Services and Ship-
   to-Ship Identification, 1992..............................
  ITU-R Recommendation M.1371-1, Technical characteristics        164.46
   for a universal shipborne automatic identification system
   using time division multiple access in the VHF maritime
   mobile band, 1998-2001....................................
Radio Technical Commission for Maritime Services, 655
 Fifteenth Street, NW., Suite 300, Washington, DC 20005
  (1) RTCM Paper 12-78/DO-100, Minimum Performance Standards,     164.41
   Loran C Receiving Equipment, 1977.........................
  (2) RTCM Paper 194-93/SC104-STD, RTCM Recommended Standards     164.43
   for Differential NAVSTAR GPS Service, Version 2.1, 1994...
  (3) RTCM Paper 71-95/SC112-STD, RTCM Recommended Standards      164.72
   for Marine Radar Equipment Installed on Ships of Less Than
   300 Tons Gross Tonnage, Version 1.1, October 10, 1995.....
  (4) RTCM Paper 191-93/SC112-X, RTCM Recommended Standards       164.72
   for Maritime Radar Equipment Installed on Ships of 300
   Tons Gross Tonnage and Upwards, Version 1.2, December 20,
   1993......................................................
 


[[Page 616]]


[CGD 91-203, 58 FR 27632, May 10, 1993, as amended by CGD 83-043, 60 FR 
24771, May 10, 1995; CGD 93-022, 60 FR 51734, Oct. 3, 1995; CGD 96-026, 
61 FR 33669, June 28, 1996; CGD 94-020, 61 FR 35072, July 3, 1996; USCG-
1999-5151, 64 FR 67176, Dec. 1, 1999; USCG-2002-12471, 67 FR 41333, June 
18, 2002; USCG-2003-14757, 68 FR 39367, July 1, 2003; 68 FR 60569, Oct. 
22, 2003; 69 FR 18803, Apr. 9, 2004; USCG-2004-18057, 69 FR 34926, June 
23, 2004]



Sec. 164.11  Navigation under way: General.

    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;
    Note: 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; \1\
---------------------------------------------------------------------------

    \1\ See also 46 U.S.C. 8702(d), which requires an able seaman at the 
wheel on U.S. vessels of 100 gross tons or more in narrow or crowded 
waters during low visibility.
---------------------------------------------------------------------------

    (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 Sec. 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

[[Page 617]]

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[deg] on either side to 30[deg] on the other in not more 
than 28 seconds must be in simultaneous operation.

[CGD 74-77, 42 FR 5956, Jan. 31, 1977, as amended by CGD 83-004, 49 FR 
43466, Oct. 29, 1984; CGD 91-203, 58 FR 27633, May 10, 1993; CGD 83-043, 
60 FR 24771, May 10, 1995]



Sec. 164.13  Navigation underway: tankers.

    (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.

[CGD 91-203, 58 FR 27633, May 10, 1993, as amended by CGD 91-203, 58 FR 
36141, July 6, 1993]



Sec. 164.15  Navigation bridge visibility.

    (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 hip lengths or 500 meters 
(1640 feet) from dead ahead to 10 degrees on either side of the vessel. 
Within this arc of visibility any blind sector caused by cargo, cargo 
gear, or other permanent obstruction must not exceed 5 degrees.
    (2) From the conning position, the horizontal field of vision must 
extend

[[Page 618]]

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.

[CGD 85-099, 55 FR 32247, Aug. 8, 1990]



Sec. 164.19  Requirements for vessels at anchor.

    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.

[CGD 74-77, 42 FR 5956, Jan. 31, 1977]



Sec. 164.25  Tests before entering or getting underway.

    (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:

[[Page 619]]

    (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.

(92 Stat. 1471 (33 U.S.C. 1221 et seq.); 49 CFR 1.46(n)(4))

[CGD 77-183, 45 FR 18925, Mar. 24, 1980, as amended by CGD 83-004, 49 FR 
43466, Oct. 29, 1984]



Sec. 164.30  Charts, publications, and equipment: General.

    No person may operate or cause the operation of a vessel unless the 
vessel has the marine charts, publications, and equipment as required by 
Sec. Sec. 164.33 through 164.41 of this part.

[CGD 82-055, 48 FR 44535, Sept. 29, 1983]



Sec. 164.33  Charts and publications.

    (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.

[CGD 82-055, 48 FR 44535, Sept. 29, 1983, as amended by USCG-2001-9286, 
66 FR 33641, June 25, 2001]



Sec. 164.35  Equipment: All vessels.

    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

[[Page 620]]

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:

                                 warning

    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.

(92 Stat. 1471 (33 U.S.C. 1221 et seq.); 49 CFR 1.46(n)(4))

[CGD 74-77, 42 FR 5956, Jan. 31, 1977, as amended by CGD 77-183, 45 FR 
18925, Mar. 24, 1980; CGD 83-004, 49 FR 43466, Oct. 29, 1984; CGD 83-
043, 60 FR 24771, May 10, 1995; 60 FR 28834, June 2, 1995]



Sec. 164.37  Equipment: Vessels of 10,000 gross tons or more.

    (a) Each vessel of 10,000 gross tons or more must have, in addition 
to the radar system under Sec. 164.35(a), a second marine radar system 
that operates independently of the first.
    Note: 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.

[[Page 621]]

    (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.

(Titles I and II, 86 Stat. 426, 427 (33 U.S.C. 1224; 46 U.S.C. 391(a); 
49 CFR 1.46(n)(4))

[CGD 77-016, 43 FR 32112, July 24, 1978, as amended by CGD 79-033, 44 FR 
26741, May 7, 1979; CGD 79-033, 47 FR 34389, Aug. 9, 1982; USCG-1998-
3799, 63 FR 35532, June 30, 1998]



Sec. 164.38  Automatic radar plotting aids (ARPA).

    (a) The following definitions are used in this section--
    Bulk means material in any quantity that is shipped, stored, or 
handled without benefit of package, label, mark or count and carried in 
integral or fixed independent tanks.
    Constructed means a stage of construction where--
    (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.
    Hazardous material means--
    (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.
    Self-propelled vessel includes those combinations of pushing vessel 
and vessel being pushed ahead which are rigidly connected in a composite 
unit and are required by Rule 24(b) of the International Regulations for 
Preventing Collisions at Sea, 1972 (72 COLREGS) (App. A to 33 CFR Part 
81) to exhibit the lights prescribed in Rule 23 for a ``Power Driven 
Vessel Underway''.
    Tank vessel means a vessel that is constructed or adapted to carry; 
or carries, oil or hazardous materials in bulk as cargo or cargo 
residue.
    (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:

[[Page 622]]

    ``This device was designed and manufactured to comply with the U.S. 
Maritime Administration's `Collision Avoidance System Specification.' ''

 Appendix A to Sec. 164.38--Performance Standards For Automatic Radar 
                          Plotting Aids (ARPA)

                             1 Introduction

    1.1 The Automatic Radar Plotting Aids (ARPA) should, in order to 
improve the standard of collision avoidance at sea:
    .1 Reduce 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
    .2 Provide continuous, accurate and rapid situation evaluation.

    1.2 In 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 Definitions

    2.1 Definitions of terms in these performance standards are given in 
Annex 1.

                         3 Performance Standards

    3.1 Detection
    3.1.1 Where 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 Acquisition
    3.2.1 Target 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.
    3.2.2 Automatic or manual acquisition should have a performance not 
inferior to that which could be obtained by the user of the radar 
display.
    3.3 Tracking
    3.3.1 The ARPA should be able to automatically track, process, 
simultaneously display and continuously update the information on at 
least:

    .1 20 targets, if automatic acquisition is provided, whether 
automatically or manually acquired; or
    .2 10 targets, if only manual acquisition is provided.

    3.3.2 If 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.
    3.3.3 Provided 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.
    3.3.4 The 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.
    3.3.5 The 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 Display
    3.4.1 The 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.
    3.4.4 The ARPA facilities should be available on at least the 
following range scales:

    .1 12 or 16 miles;
    .2 3 or 4 miles.

    3.4.5 There should be a positive indication of the range scale in 
use.
    3.4.6 The 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 display. If true motion is provided, the operator should be able 
to select for his display either true or relative motion. There should 
be a positive indication of the display mode and orientation in use.
    3.4.7 The 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:

    .1 ARPA presenting predicted information in vector form only should 
have the option of both true and relative vectors;

[[Page 623]]

    .2 An 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;
    .3 Vectors displayed should be either time adjustable or have a 
fixed time-scale;
    .4 A positive indication of the time-scale of the vector in use 
should be given.

    3.4.8 The 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.
    3.4.9 Means should be provided to adjust independently the 
brilliance of the ARPA data and radar data, including complete 
elimination of the ARPA data.
    3.4.10 The 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.
    3.4.11 Provisions should be made to obtain quickly the range and 
bearing of any object which appears on the ARPA display.
    3.4.12 When 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.
    3.4.13 After 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 Operational Warnings
    3.5.1 The 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.
    3.5.2 The 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.
    3.5.3 The 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.
    3.5.4 It should be possible to activate or de-activate the 
operational warnings.
    3.6 Data Requirements
    3.6.1 At the request of the observer the following information 
should be immediately available from the ARPA in alphanumeric form in 
regard to any tracked target:

1. Present range to the target;
2. Present bearing of the target;.
.3 Predicted target range at the closest point of approach (CPA);
.4 Predicted time to CPA (TCPA);
.5 Calculated true course of target;
.6 Calculated true speed of target.
    3.7 Trial Manoeuvre
    3.7.1 The 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 Accuracy
    3.8.1 The 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.
    3.8.2 An 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):

------------------------------------------------------------------------
                                     Relative     Relative
          Scenario/data               course       speed      CPA (n.m.)
                                    (degrees)     (Knots)
------------------------------------------------------------------------
1................................           11          2.8          1.6
2................................            7          0.6  ...........
3................................           14          2.2          1.8
4................................           15          1.5          2.0
------------------------------------------------------------------------

    3.8.3 An ARPA should present within three minutes of steady state 
tracking the motion of a target with the following accuracy values (95 
percent probability values):

----------------------------------------------------------------------------------------------------------------
                                           Relative    Relative                              True
              Scenario/data                 course       speed      C.P.A.       TCPA       course    True speed
                                           (degrees)    (knots)     (n.m.)      (mins)     (degrees)    (knots)
----------------------------------------------------------------------------------------------------------------
1.......................................         3.0         0.8         0.5         1.0         7.5         1.2
2.......................................         2.3          .3  ..........  ..........         2.9          .8
3.......................................         4.4          .9          .7         1.0         3.3         1.0

[[Page 624]]

 
4.......................................         4.6          .8          .7         1.0         2.6         1.2
----------------------------------------------------------------------------------------------------------------

    3.8.4 When 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
    3.8.5 The 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 Connections with other equipment
    3.9.1 The 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 Performance test and warnings
    3.10.1 The 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 Equipment used with ARPA
    3.11.1 Log and speed indicators providing inputs to ARPA equipment 
should be capable of providing the ship's speed through the water.

     Annex 1 to Appendix A--Definitions of Terms To Be Used Only in 
               Connection With ARPA Performance Standards

    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 \1\. Expressed as an angular distance from North.
---------------------------------------------------------------------------

    \1\ For the purpose of these definitions there is no need to 
distinguish between sea or ground stabilization.
---------------------------------------------------------------------------

    True speed--The speed of a target obtained by the vectorial 
combination of its relative motion and own ship's motion \1\.
    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.
/North-up--The line connecting the center with the top of this display 
          is North.
/Head-up--The line connecting the center with the top of the display is 
          own ship heading.
/Course-up--An intended course can be set to the line connecting the 
          center with the top of the display.
    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.

              Annex 2 to Appendix A--Operational Scenarios

    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:

                               Scenario 1

    Own ship course--000[deg]

[[Page 625]]

    Own ship speed--10 kt
    Target range--8 n.m.
    Bearing of target--000[deg]
    Relative course of target--180[deg]
    Relative speed of target--20 kt

                               Scenario 2

    Own ship course--000[deg]
    Own ship speed--10 kt
    Target range--1 n.m.
    Bearing of target--000[deg]
    Relative course of target--090[deg]
    Relative speed of target--10 kt

                               Scenario 3

    Own ship course--000[deg]
    Own ship speed--5 kt
    Target range--8 n.m.
    Bearing of target--045[deg]
    Relative course of target--225[deg]
    Relative speed of target--20 kt

                               Scenario 4

    Own ship course--000[deg]
    Own ship speed--25 kt
    Target range--8 n.m.
    Bearing of target--045[deg]
    Relative course of target--225[deg]
    Relative speed of target--20 kt

                  Annex 3 to Appendix A--Sensor Errors

    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.\2\
---------------------------------------------------------------------------

    \2\ In calculations leading to the accuracy figures quoted in 
paragraph 3.8, these sensor error sources and magnitudes were used. They 
were arrived at during discussions with national government agencies and 
equipment manufacturers and are appropriate to equipments complying with 
the Organization's draft performance standards for radar equipment 
(preliminary) (NAV XXII/WP.14), gyro compasses (NAV XXI/9, Annex X) and 
logs (preliminary) (NAV XXII/WP.15).
    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''

                                  Radar

    Target Glint (Scintillation) (for 200 m length target)
    Along length of target o = 30 m. (normal distribution)
    Across beam of target o = 1 m. (normal distribution)
    Roll-Pitch Bearing. The bearing error will peak in each of the four 
quadrants around own ship for targets on relative bearings of 045[deg], 
135[deg], 225[deg] and 315[deg] and will be zero at relative bearings of 
0[deg], 90[deg], 180[deg] and 270[deg]. This error has a sinusoidal 
variation at twice the roll frequency. For a 10[deg] roll the mean error 
is 0.22[deg] with a 0.22[deg] peak sine wave superimposed.
    Beam shape--assumed normal distribution giving bearing error with o 
= 0.05.
    Pulse shape-- assumed normal distribution giving range error with o 
= 20 meters.
    Antenna backlash--assumed rectangular distribution giving bearing 
error  0.5 maximum.

                              Quantization

    Bearing--rectangular distribution  0.01[deg] 
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[deg]

                              Gyro compass

    Calibration error 0.5[deg].
    Normal distribution about this with o = 0.12[deg].

                                   Log

    Calibration error 0.5 kt.
    Normal distribution about this, 3 o = 0.2 kt.

   Appendix B to Sec. 164.38--U.S. Maritime Administration Collision 
                     Avoidance System Specification

    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

[[Page 626]]

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.

[CGD 79-148, 45 FR 54039, Aug. 14, 1980; 45 FR 71800, Oct. 30, 1980, as 
amended by CGD 83-004, 49 FR 43467, Oct. 29, 1984; USCG-1998-3799, 63 FR 
35532, June 30, 1998]



Sec. 164.39  Steering gear: Foreign tankers.

    (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 Sec. 164.02 of this part.
    (b) Definitions. The terms used in this section are as follows:
    Constructed means the same as in Chapter II-1, Regulations 1.1.2 and 
1.1.3.1, of SOLAS 74.
    Existing tanker means a tanker--
    (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.
    Public vessel, oil, hazardous materials, and foreign vessel mean the 
same as in 46 U.S.C. 2101.
    SOLAS 74 means the International Convention for the Safety of Life 
at Sea, 1974, as amended.
    Tanker means a self-propelled vessel defined as a tanker by 46 
U.S.C. 2101(38) or as a tank vessel by 46 U.S.C. 2101(39).
    (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, Regulations 29.14 and 29.15, of 
SOLAS 74.

[CGD 83-043, 60 FR 24771, May 10, 1995]



Sec. 164.40  Devices to indicate speed and distance.

    (a) Each vessel required to be fitted with an Automatic Radar 
Plotting Aid (ARPA) under Sec. 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.

[[Page 627]]

    (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.

[CGD 83-004, 49 FR 43467, Oct. 29, 1984, as amended by USCG-1998-3799, 
63 FR 35532, June 30, 1998]



Sec. 164.41  Electronic position fixing devices.

    (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.
    Note: The Federal Radionavigation Plan is available from the 
National Technical Information Service, Springfield, Va. 22161, with the 
following Government Accession Numbers:
Vol 1, ADA 116468
Vol 2, ADA 116469
Vol 3, ADA 116470
Vol 4, ADA 116471
    (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.

(Sec. 12, 92 Stat. 1477 (33 U.S.C. 1231); 49 CFR 1.46(n)(4))

[CGD 81-081, 47 FR 58244, Dec. 30, 1982, as amended by CGD 88-052, 53 FR 
25122, July 1, 1988; CGD 96-026, 61 FR 33669, June 28, 1996; CGD 97-023, 
62 FR 33365, June 19, 1997; USCG-1998-3799, 63 FR 35532, June 30, 1998]



Sec. 164.42  Rate of turn indicator.

    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.

[CGD 83-004, 49 FR 43468, Oct. 29, 1984]



Sec. 164.43  Automatic Identification System Shipborne Equipment--Prince 
William Sound.

    (a) Until December 31, 2004, each vessel required to provide 
automated position reports to a Vessel Traffic Service (VTS) under Sec. 
165.1704 of this subchapter must do so by an installed

[[Page 628]]

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.
    Note: Vessel Traffic Service (VTS) areas and operating procedures 
are set forth in Part 161 of this chapter.

[CGD 90-020, 59 FR 36334, July 15, 1994, as amended by CGD 97-023, 62 FR 
33365, June 19, 1997; USCG-2003-14757, 68 FR 39367, July 1, 2003; 68 FR 
60569, Oct. 22, 2003]



Sec. 164.46  Automatic Identification System (AIS).

    (a) The following vessels must have a properly installed, 
operational, type approved AIS as of the date specified:
    (1) Self-propelled vessels of 65 feet or more in length, other than 
passenger and fishing vessels, in commercial service and on an 
international voyage, not later than December 31, 2004.
    (2) Notwithstanding paragraph (a)(1) of this section, the following, 
self-propelled vessels, that are on an international voyage must also 
comply with SOLAS, as amended, Chapter V, regulation 19.2.1.6, 19.2.4, 
and 19.2.3.5 or 19.2.5.1 as appropriate (Incorporated by reference, see 
Sec. 164.03):
    (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.
    (3) Notwithstanding paragraphs (a)(1) and (a)(2) of this section, 
the following vessels, when navigating an area denoted in table 
161.12(c) of Sec. 161.12 of this

[[Page 629]]

chapter, not later than December 31, 2004:
    (i) Self-propelled vessels of 65 feet or more in length, other than 
fishing vessels and passenger vessels certificated to carry less than 
151 passengers-for-hire, in commercial service;
    (ii) Towing vessels of 26 feet or more in length and more than 600 
horsepower, in commercial service;
    (iii) Passenger vessels certificated to carry more than 150 
passengers-for-hire.

    Note to Sec. 164.46(a):
    ``Properly installed'' refers to an installation using the 
guidelines set forth in IMO SN/Circ.227 (incorporated by reference, see 
Sec. 164.03). Not all AIS units are able to broadcast position, course, 
and speed without the input of an external positioning device (e.g. 
dGPS); the use of other external devices (e.g. transmitting heading 
device, gyro, rate of turn indicator) is highly recommended, however, 
not required except as stated in Sec. 164.46(a)(2). ``Type approved'' 
refers to an approval by an IMO recognized Administration as to comply 
with IMO Resolution MSC.74(69), ITU-R Recommendation M.1371-1, and IEC 
61993-2 (Incorporated by reference, see Sec. 164.03). ``Length'' refers 
to ``registered length'' as defined in 46 CFR part 69. ``Gross tonnage'' 
refers to tonnage as defined under the International Convention on 
Tonnage Measurement of Ships, 1969.

    (b) The requirements for Vessel Bridge-to-Bridge radiotelephones in 
Sec. Sec. 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 Sec. 
26.06 of this chapter includes accurate input and upkeep of AIS data 
fields.
    (c) 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.
    (d) The AIS Pilot Plug, on each vessel over 1,600 gross tons on an 
international voyage, must be available for pilot use, easily accessible 
from the primary conning position of the vessel, and near a 120 Volt, AC 
power, 3-prong receptacle.

[USCG-2003-14757, 68 FR 60569, Oct. 22, 2003]



Sec. 164.51  Deviations from rules: Emergency.

    Except for the requirements of Sec. 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.

[CGD 74-77, 42 FR 5956, Jan. 31, 1977]



Sec. 164.53  Deviations from rules and reporting: Non-operating equipment.

    (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.

(Sec. 2, Pub. L. 95-474, 92 Stat. 1471 (33 U.S.C. 1221); 49 CFR 
1.46(n)(4))

[CGD 74-77, 42 FR 5956, Jan. 31, 1977]

    Editorial Note: For Federal Register citations affecting Sec. 
164.53, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 164.55  Deviations from rules: Continuing operation or period 
of time.

    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.

[CGD 74-77, 42 FR 5956, Jan. 31, 1977]

[[Page 630]]



Sec. 164.61  Marine casualty reporting and record retention.

    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.

[CGD 74-77, 42 FR 5956, Jan. 31, 1977]



Sec. 164.70  Definitions.

    For purposes of Sec. Sec. 164.72 through 164.82, the term--
    Current edition means the most recent published version of a 
publication, chart, or map required by Sec. 164.72.
    Currently corrected edition means a current or previous edition of a 
publication required by Sec. 164.72, corrected with changes that come 
from Notices to Mariners (NTMs) or Notices to Navigation reasonably 
available and that apply to the vessel's transit. Hand-annotated river 
maps from the U.S. Army Corps of Engineers (ACOE) are currently 
corrected editions if issued within the previous 5 years.
    Great Lakes means the Great Lakes and their connecting and tributary 
waters including the Calumet River as far as the Thomas J. O'Brien Lock 
and Controlling Works (between miles 326 and 327), the Chicago River as 
far as the east side of the Ashland Avenue Bridge (between miles 321 and 
322), and the Saint Lawrence River as far east as the lower exit of 
Saint Lambert Lock.
    Swing-meter means an electronic or electric device that indicates 
the rate of turn of the vessel on board which it is installed.
    Towing vessel means a commercial vessel engaged in or intending to 
engage in pulling, pushing or hauling alongside, or any combination of 
pulling, pushing, or hauling alongside.
    Western Rivers means the Mississippi River, its tributaries, South 
Pass, and Southwest Pass, to the navigational-demarcation lines dividing 
the high seas from harbors, rivers, and other inland waters of the 
United States, and the Port Allen-Morgan City Alternative Route, and 
that part of the Atchafalaya River above its junction with the Port 
Allen-Morgan City Alternative Route including the Old River and the Red 
River and those waters specified by Sec. Sec. 89.25 and 89.27 of this 
chapter, and such other, similar waters as are designated by the COTP.

[CGD 94-020, 61 FR 35072, July 3, 1996]



Sec. 164.72  Navigational-safety equipment, charts or maps, and 
publications required on towing vessels.

    (a) Except as provided by Sec. 164.01(b), each towing vessel must 
be equipped with the following navigational-safety equipment:
    (1) Marine Radar. By August 2, 1997, a marine radar that meets the 
following applicable requirements:
    (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--

[[Page 631]]

    (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) Searchlight. A searchlight, directable from the vessel's main 
steering station and capable of illuminating objects at a distance of at 
least two times the length of the tow.
    (3) VHF-FM Radio. An installation or multiple installations of VHF-
FM radios as prescribed by part 26 of this chapter and 47 CFR part 80, 
to maintain a continuous listening watch on the designated calling 
channel, VHF-FM Channel 13 (except on portions of the Lower Mississippi 
River, where VHF-FM Channel 67 is the designated calling channel), and 
to separately monitor the International Distress and Calling Channel, 
VHF-FM Channel 16, except when transmitting or receiving traffic on 
other VHF-FM channels or when participating in a Vessel Traffic Service 
(VTS) or monitoring a channel of a VTS. (Each U.S. towing vessel of 26 
feet (about 8 meters) or more in length, except a public vessel, must 
hold a ship-radio-station license for radio transmitters (including 
radar and EPIRBs), and each operator must hold a restricted operator's 
license or higher. To get an application for either license, call (800) 
418-FORM or (202) 418-FORM, or write to the FCC; Wireless Bureau, 
Licensing Division; 1270 Fairfield Road; Gettysburg, PA 17325-7245.)
    (4) Magnetic Compass. Either--
    (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) Echo Depth-Sounding Device. By August 2, 2001, an echo depth-
sounding device readable from the vessel's main steering station, unless 
the vessel engages in towing exclusively on Western Rivers.
    (6) Electronic Position-Fixing Device. An electronic position-fixing 
device, either a LORAN-C receiver or a satellite navigational system 
such as the Global Positioning System (GPS) as required by Sec. 164.41, 
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.
    (b) Each towing vessel must carry on board and maintain the 
following:
    (1) Charts or maps. Marine charts or maps of the areas to be 
transited, published by the National Ocean Service (NOS), the ACOE, or a 
river authority that satisfy the following requirements:
    (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

[[Page 632]]

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) General publications. A currently corrected edition of, or an 
applicable currently corrected extract from, each of the following 
publications for the area to be transited:
    (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:

   Table 164.72--Equipment, Charts or Maps, and Publications for Towing Vessels of12 Meters or More in Length
----------------------------------------------------------------------------------------------------------------
                                                                                            Waters seaward of
                                                                 U.S. navigable waters    navigable waters and 3
                                            Western rivers         other than western     NM or more from shore
                                                                         rivers             on the Great Lakes
----------------------------------------------------------------------------------------------------------------
Marine Radar:
  Towing Vessels of Less Than 300 GT.  RTCM Paper 71-95/SC112-  RTCM Paper 71-95/SC112-  RTCM Paper 71-95/SC112-
                                        STD Version 1.1,         STD Version 1.1,         STD Version 1.1,
                                        Display Category II      Display Category II      Display Category I \2\
                                        \1\ Stabilization        \1\ Stabilization        Stabilization Category
                                        Category BRAVO.          Category BRAVO.          ALPHA.
  Towing Vessels of 300 GT or More...  RTCM Paper 191-93/SC112- RTCM Paper 191-93/SC112- RTCM Paper 191-93/SC112-
                                        X Version 1.2 (except    X Version 1.2 (except    X Version 1.2.\1\
                                        the Azmuth               the Azmuth
                                        stabilization            stabilization
                                        requirement in           requirement in
                                        paragraph 3.10).\1\.     paragraph 3.10).\1\.
  Searchlight........................             X                        X                        X
  VHF-FM Radio.......................             X                        X                        X
  Magnetic Compass...................           X \3\                      X                        X
  Swing-Meter........................           X \3\
  Echo Depth-Sounding Device.........                                      X                        X
  Electronic Position-Fixing Device..                                                               X
  Charts or Maps.....................  (1) Large enough scale.  (1) Large enough scale.  (1) Large enough scale.
                                       (2) Current edition or   (2) Current edition or   (2) Currently corrected
                                        currently corrected      currently corrected      edition.
                                        edition.                 edition.
  General Publications...............  (1) U.S. Coast Guard     (1) U.S. Coast Guard     (1) U.S. Coast Guard
                                        Light List.              Light List.              Light List.
                                       (2) Notices to           (2) Local Notices to     (2) Local Notices to
                                        Navigation or Local      Mariners.                Mariners.
                                        Notices to Mariners.
                                       (3) River-current        (3) Tidal-current        (3) Tidal-current
                                        Tables.                  Tables.                  Tables.
                                                                (4) Tide Tables........  (4) Tide Tables.
                                                                (5) U.S. Coast Pilot...  (5) U.S. Coast Pilot.
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ Towing vessels with existing radar must meet this requirement by August 2, 1998.
\2\ Towing vessels with existing radar must meet this requirement by August 2, 1998 but do not need to meet the
  display and stabilization requirements until August 2, 2001.
\3\ A towing vessel may carry either a swing-meter or a magnetic compass.


[CGD 94-020, 61 FR 35073, July 3, 1996, as amended by CGD 97-034, 62 FR 
40272, July 28, 1997; USCG-1999-5832, 64 FR 34715, June 29, 1999; USCG-
2001-9286, 66 FR 33641, June 25, 2001]

[[Page 633]]



Sec. 164.74  Towline and terminal gear for towing astern.

    (a) Towline. The owner, master, or operator of each vessel towing 
astern shall ensure that the strength of each towline is adequate for 
its intended service, considering at least the following factors:
    (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 Sec. 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 Sec. 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 Sec. 
157.04 of this chapter or by a tensile test that meets API Specification 
9A, Section 3; ASTM D 4268 (incorporated by reference, see Sec. 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 part from service either as 
recommended by the manufacturer or a class society authorized in Sec. 
157.04 of this chapter or in accordance with a replacement schedule 
developed by the owner, master, or operator that accounts for at least 
the--
    (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

[[Page 634]]

out of service or has not deployed its towline, the owner, master, or 
operator shall retest the towline or remove it from service.
    (b) Terminal gear. The owner, master, or operator of each vessel 
towing astern shall ensure that the gear used to control, protect, and 
connect each towline meets the following criteria:
    (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.

[CGD 94-020, 61 FR 35074, July 3, 1996, as amended by USCG-1999-5151, 64 
FR 67176, Dec. 1, 1999]



Sec. 164.76  Towline and terminal gear for towing alongside and pushing 
ahead.

    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.

[CGD 94-020, 61 FR 35075, July 3, 1996]



Sec. 164.78  Navigation under way: Towing vessels.

    (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, heavy seas, ice, and collisions with vessels can 
move or sink them or set them adrift. Although they may corroborate a 
position fixed by other means, they cannot fix a position; however, if 
no other aids are available, buoys alone may establish an estimated 
position.);
    (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, and the 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 Sec. 164.80.
    (b) The owner, master, or operator of each vessel towing shall 
ensure that the tests and inspections required by

[[Page 635]]

Sec. 164.80 are conducted and that the results are entered in the log 
or other record carried on board.

[CGD 94-020, 61 FR 35075, July 3, 1996, as amended by USCG-2000-6931, 68 
FR 22610, Apr. 29, 2003; 69 FR 34068, June 18, 2004]



Sec. 164.80  Tests, inspections, and voyage planning.

    (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) Steering-systems. A test of the steering-gear-control system; a 
test of the main steering gear from the alternative power supply, if 
installed; a verification of the rudder-angle indicator relative to the 
actual position of the rudder; and a visual inspection of the steering 
gear and its linkage.
    (2) Navigational equipment. A test of all installed navigational 
equipment.
    (3) Communications. Operation of all internal vessel control 
communications and vessel-control alarms, if installed.
    (4) Lights. Operation of all navigational lights and all 
searchlights.
    (5) Terminal gear. Visual inspection of tackle; of connections of 
bridle and towing pendant, if applicable; of chafing gear; and of the 
winch brake, if installed.
    (6) Propulsion systems. Visual inspection of the spaces for main 
propulsion machinery, of machinery, and of devices for monitoring 
machinery.
    (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 Sec. 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) Navigational equipment. Tests of onboard equipment as required 
by Sec. 164.25.
    (2) Terminal gear. Visual inspection of tackle; of connections of 
bridle and towing pendant, if applicable; of chafing gear; and of the 
winch brake, if installed.
    (c)(1) The voyage-planning requirements outlined in this section do 
not apply to you if your towing vessel is--
    (i) Used solely for any of the following services or any combination 
of these services--
    (A) Within a limited geographic area, such as a fleeting-area for 
barges or a commercial facility, and used for restricted service, such 
as making up or breaking up larger tows;
    (B) For harbor-assist;
    (C) For assistance towing as defined by 46 CFR 10.103;
    (D) For response to emergency or pollution;
    (ii) A public vessel that is both owned, or demise chartered, and 
operated by the United States Government or by a government of a foreign 
country; and that is not engaged in commercial service;
    (iii) A foreign vessel engaged in innocent passage; or
    (iv) Exempted by the Captain of the Port (COTP).
    (2) If you think your towing vessel should be exempt from these 
voyage planning requirements for a specified route, you should submit a 
written request to the appropriate COTP. The COTP will provide you with 
a written response granting or denying your request.
    (3) If any part of a towing vessel's intended voyage is seaward of 
the baseline (i.e., the shoreward boundary) of the territorial sea of 
the U.S., then the owner, master, or operator of the vessel, employed to 
tow a barge or barges, must ensure that the voyage with the barge or 
barges is planned, taking into account all pertinent information before 
the vessel embarks on the voyage. The master must check the planned 
route for proximity to hazards before the voyage begins. During a 
voyage, if a decision is made to deviate substantially from the planned 
route, then the master or mate must plan the new route before deviating 
from the planned route. The voyage plan must follow company policy and 
consider the following (related requirements noted in parentheses):
    (i) Applicable information from nautical charts and publications 
(also see paragraph (b) of section 164.72), including Coast Pilot, Coast 
Guard Light

[[Page 636]]

List, and Coast Guard Local Notice to Mariners for the port of 
departure, all ports of call, and the destination;
    (ii) 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 section 164.78 and (b) of 
section 164.82);
    (iii) 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;
    (iv) Forward and after drafts of the barge or barges and under-keel 
and vertical clearances (air-gaps) for all bridges, ports, and berthing 
areas;
    (v) Pre-departure checklists;
    (vi) Calculated speed and estimated time of arrival at proposed 
waypoints;
    (vii) Communication contacts at any Vessel Traffic Services, 
bridges, and facilities, and any port-specific requirements for VHF 
radio;
    (viii) Any master's or operator's standing orders detailing closest 
points of approach, special conditions, and critical maneuvers; and
    (ix) Whether the towing vessel has sufficient power to control the 
tow under all foreseeable circumstances.

[CGD 94-020, 61 FR 35075, July 3, 1996, as amended by USCG-2000-6931, 68 
FR 22610, Apr. 29, 2003; 69 FR 34068, June 18, 2004]



Sec. 164.82  Maintenance, failure, and reporting.

    (a) Maintenance. The owner, master, or operator of each towing 
vessel shall maintain operative the navigational-safety equipment 
required by Sec. 164.72.
    (b) Failure. If any of the navigational-safety equipment required by 
Sec. 164.72 fails during a voyage, the owner, master, or operator of 
the towing vessel shall exercise due diligence to repair it at the 
earliest practicable time. He or she shall enter its failure in the log 
or other record carried on board. The failure of equipment, in itself, 
does not constitute a violation of this rule; nor does it constitute 
unseaworthiness; nor does it obligate an owner, master, or operator to 
moor or anchor the vessel. However, the owner, master, or operator shall 
consider the state of the equipment--along with such factors as weather, 
visibility, traffic, and the dictates of good seamanship--in deciding 
whether it is safe for the vessel to proceed.
    (c) Reporting. The owner, master, or operator of each towing vessel 
whose equipment is inoperative or otherwise impaired while the vessel is 
operating within a Vessel Traffic Service (VTS) Area shall report the 
fact as required by 33 CFR 161.124. (33 CFR 161.124 requires that each 
user of a VTS report to the Vessel Traffic Center as soon as 
practicable:
    (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) Deviation and authorization. The owner, master, or operator of 
each towing vessel unable to repair within 96 hours an inoperative 
marine radar required by Sec. 164.72(a) shall so notify the Captain of 
the Port (COTP) and shall seek from the COTP both a deviation from the 
requirements of this section and an authorization for continued 
operation in the area to be transited. Failure of redundant 
navigational-safety equipment, including but not limited to failure of 
one of two installed radars, where each satisfies Sec. 164.72(a), does 
not necessitate either a deviation or an authorization.
    (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 Sec. Sec. 
164.70 through 164.82 for a specified time if he or she decides that 
they would not impair the safe

[[Page 637]]

navigation of the vessel under anticipated conditions.

[CGD 94-020, 61 FR 35075, July 3, 1996]



PART 165_REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS--Table of 
Contents




                            Subpart A_General

Sec.
165.1 Purpose of part.
165.5 Establishment procedures.
165.7 Notification.
165.8 Geographic coordinates.
165.9 Geographic application of limited and controlled access areas and 
          regulated navigation areas.

                  Subpart B_Regulated Navigation Areas

165.10 Regulated navigation areas.
165.11 Vessel operating requirements (regulations).
165.13 General regulations.

                         Subpart C_Safety Zones

165.20 Safety zones.
165.23 General regulations

                        Subpart D_Security Zones

165.30 Security zones.
165.33 General regulations.

                  Subpart E_Restricted Waterfront Areas

165.40 Restricted waterfront areas.

 Subpart F_Specific Regulated Navigation Areas and Limited Access Areas

                       First Coast Guard District

165.T01-155 Safety Zone: Wantagh Parkway Number 3 Bridge over the Sloop 
          Channel, Town of Hempstead, NY.
165.100 Regulated Navigation Area: Navigable waters within the First 
          Coast Guard District.
165.101 Kittery, Maine--regulated navigation area.
165.102 Security Zone: Walkers Point, Kennebunkport, ME.
165.103 Safety and Security Zones; LPG Vessel Transits in Portland, 
          Maine, Captain of the Port Zone, Portsmouth Harbor, 
          Portsmouth, New Hampshire.
165.104 Safety Zone: Vessel Launches, Bath Iron Works, Kennebec River, 
          Bath, Maine.
165.105 Security Zones; Passenger Vessels, Portland, Maine, Captain of 
          the Port Zone.
165.106 Security Zone: Seabrook Nuclear Power Plant, Seabrook, New 
          Hampshire.
165.110 Safety and Security Zone; Liquefied Natural Gas Carrier Transits 
          and Anchorage Operations, Boston, Massachusetts.
165.111 Safety Zone: Boston Harbor, Boston, Massachusetts.
165.112 Safety Zone: USS CASSIN YOUNG, Boston, Massachusetts.
165.113 Security Zone: Dignitary arrival/departure Logan International 
          Airport, Boston, MA.
165.114 Safety and Security Zones: Escorted Vessels--Boston Harbor, 
          Massachusetts.
165.115 Safety and Security Zones; Pilgrim Nuclear Power Plant, 
          Plymouth, Massachusetts.
165.116 Safety and Security Zones; Salem and Boston Harbors, 
          Massachusetts.
165.120 Safety Zone: Chelsea River, Boston Inner Harbor, Boston, MA.
165.121 Safety and Security Zones: High Interest Vessels, Narragansett 
          Bay, Rhode Island.
165.122 Providence River, Providence, R.I. regulated navigation area.
165.130 Sandy Hook Bay, New Jersey--security zone.
165.140 New London Harbor, Connecticut--security zone.
165.141 Safety Zone: Sunken vessel EMPIRE KNIGHT, Boon Island, ME.
165.150 New Haven Harbor, Quinnipiac River, Mill River.
165.151 Safety Zones; Long Island Sound annual fireworks displays.
165.152 Coast Guard Station Fire Island, Long Island, New York--safety 
          zone.
165.153 Regulated Navigation Area: Long Island Sound Marine Inspection 
          and Captain of the Port Zone.
165.154 Safety and Security Zones: Long Island Sound Marine Inspection 
          Zone and Captain of the Port Zone.
165.155 Northville Industries Offshore Platform, Riverhead, Long Island, 
          New York--safety zone.
165.160 Safety and Security Zones: Liquefied Hazardous Gas Vessel, 
          Liquefied Hazardous Gas Facility and Designated Vessel 
          Transits, New York Marine Inspection Zone and Captain of the 
          Port Zone.
165.161 Safety Zones: Coast Guard Activities New York Annual Fireworks 
          Displays.
165.162 Safety Zone: New York Super Boat Race, Hudson River, New York.
165.163 Safety Zones; Port of New York/New Jersey Fleet Week.
165.164 Security Zones: Dignitary Arrival/Departure and United Nations 
          Meetings, New York, NY.
165.165 Regulated Navigation Area; Kill Van Kull Channel, Newark Bay 
          Channel, South Elizabeth Channel, Elizabeth Channel, Port 
          Newark Channel and New Jersey Pierhead Channel, New York and 
          New Jersey.

[[Page 638]]

165.166 Safety zone: Macy's July 4th Fireworks, East River, NY.
165.167 Safety Zone: East River Western Channel, Manhattan, NY.
165.168 Safety Zones; Coast Guard Activities New York Fireworks 
          Displays.
165.169 Safety and Security Zones: New York Marine Inspection Zone and 
          Captain of the Port Zone.
165.170 Safety Zone: Triathlon, Ulster, Landing, Hudson River, NY.
165.202 Safety Zones: Annual fireworks Events in the Captain of the Port 
          Cleveland Zone.

                       Fifth Coast Guard District

165.T05-018 Security Zone: Cape Fear River, Eagle Island and North 
          Carolina State Port Authority Terminal, Wilmington, NC.
165.500 Safety/Security Zones; Chesapeake Bay, Maryland.
165.501 Chesapeake Bay entrance and Hampton Roads, VA and adjacent 
          waters--Regulated Navigation Area.
165.502 Safety and Security Zone; Cove Point Liquefied Natural Gas 
          Terminal, Chesapeake Bay, Maryland.
165.503 Security Zone; Captain of the Port Hampton Roads Zone.
165.504 Newport News Shipbuilding and Dry Dock Company Shipyard, James 
          River, Newport News, Va.
165.505 Security Zone; Calvert Cliffs Nuclear Power Plant, Chesapeake 
          Bay, Calvert County, Maryland.
165.506 Safety Zones; Fifth Coast Guard District Fireworks Displays.
165.510 Delaware Bay and River, Salem River, Christina River and 
          Schuylkill River-Regulated Navigation Area.
165.511 Security Zone; Atlantic Ocean, Chesapeake & Delaware Canal, 
          Delaware Bay, Delaware River and its tributaries.
165.514 Safety Zone: Atlantic Intracoastal Waterway and connecting 
          waters, vicinity of Marine Corps Base Camp Lejeune, North 
          Carolina.
165.515 Safety Zone: Cape Fear River, Wilmington, North Carolina.
165.518 Security Zone; Waters of the Fifth Coast Guard District.
165.530 Safety Zone: Cape Fear and Northeast Cape Fear Rivers, NC.
165.535 Safety Zone: Atlantic Ocean, Vicinity of Cape Henlopen State 
          Park, Delaware.
165.540 Regulated Navigation Area; Cape Fear River, Northeast Cape Fear 
          River, Wilmington, North Carolina
165.552 Security Zone; Oyster Creek Generation Station, Forked River, 
          Ocean County, New Jersey.
165.553 Security Zone; Salem and Hope Creek Generation Stations, 
          Delaware River, Salem County, New Jersey.
165.554 Security Zone; Three Mile Island Generating Station, Susquehanna 
          River, Dauphin County, Pennsylvania.

                      Seventh Coast Guard District

165.T07-042 Security Zone; HOVENSA Refinery, St. Croix, U.S. Virgin 
          Islands.
165.T07-146 Regulated Navigation Area, San Carlos Bay, Florida.
165.701 Vicinity, Kennedy Space Center, Merritt Island, Florida--
          security zone.
165.703 Tampa Bay, Florida--Safety Zone.
165.704 Safety Zone: Tampa Bay, Florida.
165.T0704 Safety Zone: Savannah River, Savannah, Georgia.
165.705 Port Canaveral Harbor, Cape Canaveral, Florida.
165.708 Safety/Security Zone; Charleston Harbor and Cooper River, 
          Charleston, SC.
165.711 Safety Zone: Port Everglades, Fort Lauderdale, FL.
165.714 Regulated Navigation Area; Atlantic Ocean, Charleston, SC.
165.720 Safety/Security Zone: St. Johns River, Jacksonville, FL.
165.721 Safety Zone: St. Johns River, Jacksonville, FL.
165.722 Security Zone: St. Johns River, Jacksonville, Florida.
165.726 Regulated Navigation Areas; Miami River, Miami, Florida.
165.728 Jacksonville, Florida--safety zones.
165.729 Jacksonville Harbor, Florida--security zone.
165.730 King's Bay, Georgia--Regulated navigation area.
165.731 Safety/Security Zone: Cumberland Sound, Georgia and St. Marys 
          River Entrance Channel.
165.752 Sparkman Channel, Tampa, Florida--regulated navigation area.
165.753 Regulated navigation area; Tampa Bay, Florida.
165.754 Safety Zone: San Juan Harbor, San Juan, PR.
165.755 Safety Zone: Guayanilla, Puerto Rico
165.756 Regulated Navigation Area; Savannah River, Georgia.
165.757 Safety Zones; Ports of Ponce, Tallaboa, and Guayanilla, Puerto 
          Rico and Limetree Bay, St. Croix, U.S.V.I.
165.758 Security Zone; San Juan, Puerto Rico.
165.759 Security Zones; Ports of Jacksonville, Fernandina, and 
          Canaveral, Florida.
165.760 Security Zones; Tampa Bay, Port of Tampa, Port of Saint 
          Petersburg, Port Manatee, Rattlesnake, Old Port Tampa, Big 
          Bend, Weedon Island, and Crystal River, Florida.
165.761 Security Zones; Port of Palm Beach, Port Everglades, Port of 
          Miami, and Port of Key West, Florida.
165.762 Security Zone; St. Thomas, U.S. Virgin Islands.

[[Page 639]]

165.763 Moving and Fixed Security Zone, Port of Fredericksted, Saint 
          Croix, U.S. Virgin Islands.
165.764 Security Zones; Big Bend and Weedon Island Power Facilities, 
          Tampa Bay, Florida.
165.765 Regulated Navigation Area; Port Everglades Harbor, Fort 
          Lauderdale, Florida.

                       Eighth Coast Guard District

165.802 Lower Mississippi River, vicinity of Old River Control 
          Structure--Safety Zone.
165.803 Mississippi River--regulated navigation area.
165.804 Snake Island, Texas City, Texas; mooring and fleeting of 
          vessels--safety zone.
165.805 Calcasieu Channel and Industrial Canal, Calcasieu River, Lake 
          Charles, LA.
165.806 Sabine Neches Waterway, Texas--regulated navigation area.
165.807 Calcasieu River, Louisiana--regulated navigation area.
165.808 Corpus Christi Ship Channel, Corpus Christi, TX, safety zone.
165.809 Security Zones; Port of Port Lavaca-Point Comfort, Point 
          Comfort, TX and Port of Corpus Christi Inner Harbor, Corpus 
          Christi, TX.
165.810 Mississippi River, LA-regulated navigation area.
165.811 Atchafalaya River, Berwick Bay, LA-regulated navigation area.
165.812 Security Zones; Lower Mississippi River, Southwest Pass Sea Buoy 
          to Mile Marker 96.0, New Orleans, LA.
165.813 Security Zones; Ports of Houston and Galveston, TX.
165.814 Security Zones; Captain of the Port Houston-Galveston Zone.
165.815 Ohio River at Louisville, KY; regulated navigation area.
165.817 Arkansas River, Mile 118.2 to 125.4, Little Rock Arkansas--
          regulated navigation area.
165.820 Security Zone; Ohio River, Mile 34.6 to 35.1, Shippingport, 
          Pennsylvania.
165.821 Ohio River at Cincinnati, OH; regulated navigation area.
165.825 Security Zones; Captain of the Port St. Louis, Missouri.
165.830 Regulated Navigation Area; Reporting Requirements for Barges 
          Loaded with Certain Dangerous Cargoes, Inland Rivers, Eighth 
          Coast Guard District.
165.835 Security Zone; Port of Mobile, Mobile Ship Channel, Mobile, AL.

                       Ninth Coast Guard District

165.901 Great Lakes--regulated navigation areas.
165.902 Niagara River at Niagara Falls, New York--safety zone.
165.903 Safety Zones: Cuyahoga River and Old River, Cleveland, OH.
165.904 Lake Michigan at Chicago Harbor & Burnham Park Harbor--Safety 
          and Security Zone.
165.905 USX Superfund Site Safety Zones: St. Louis River.
165.906 Lakeside Yacht Club in Cleveland Harbor, Cleveland, OH--
          regulated navigation areas.
165.907 Safety Zones: Annual fireworks events in the Captain of the Port 
          Detroit Zone.
165.909 Safety Zones; Annual fireworks events in the Captain of the Port 
          Milwaukee Zone.
165.910 Security Zones; Captain of the Port Chicago, Zone, Lake 
          Michigan.
165.911 Security Zones; Captain of the Port Buffalo Zone.
165.912 Security Zone; Lake Erie, Perry, OH.
165.914 Safety Zones; Annual Fireworks Events in the Captain of the Port 
          Buffalo Zone.
165.915 Security zones; Captain of the Port Toledo Zone, Lake Erie.
165.916 Security Zones; Captain of the Port Milwaukee Zone, Lake 
          Michigan.
165.917 Safety Zone; M/V ROY A. JODREY, St. Lawrence River, Wellesley 
          Island, New York.
165.918 Safety zones; annual fireworks displays in the Captain of the 
          Port Chicago Zone.
165.920 Regulated Navigation Area: USCG Station Port Huron, Port Huron, 
          MI, Lake Huron.
165.921 Regulated Navigation Area; Reporting Requirements for Barges 
          Loaded with Certain Dangerous Cargoes, Illinois Waterway 
          System located within the Ninth Coast Guard District.

                      Eleventh Coast Guard District

165.T11-004 Regulated Navigation Area; Humboldt Bay Bar Channel and 
          Humboldt Bay Entrance Channel, Humboldt Bay, California.
165.T11-048 Safety Zone; Mission Creek Waterway, China Basin, San 
          Francisco Bay, California.
165.1101 Security Zone: San Diego Bay, CA.
165.1102 Security Zone: San Diego Bay, California.
165.1103 Security Zone: San Diego Bay, CA.
165.1104 Security Zone: San Diego Bay, CA.
165.1105 Security Zone: San Diego Bay, California.
165.1106 San Diego Bay, California--safety zone.
165.1107 San Diego Bay, California.
165.1108 Security Zones; Cruise Ships, Port of San Diego, California.
165.1110 Security Zone: Coronado Bay Bridge, San Diego, CA.

[[Page 640]]

165.1120 Security Zone; Naval Amphibious Base, San Diego, CA.
165.1121 Security Zone: Fleet Supply Center Industrial Pier, San Diego, 
          CA.
165.1131 Security Zone: Wilson Cove, San Clemente Island, California.
165.1151 Security Zones; liquefied hazardous gas tank vessels, San Pedro 
          Bay, California.
165.1152 San Pedro Bay, California--Regulated navigation area.
165.1154 Security Zones; Cruise Ships, San Pedro Bay, California.
165.1155 Security Zone; Diablo Canyon Nuclear Power Plant, Avila Beach, 
          California.
165.1156 Safety Zone; Offshore Marine Terminal, El Segundo, CA.
165.1171 Copper Canyon, Lake Havasu, Colorado River--Regulated 
          Navigation Area.
165.1181 San Francisco Bay Region, California--regulated navigation 
          area.
165.1182 Safety/Security Zone: San Francisco Bay, San Pablo Bay, 
          Carquinez Strait, and Suisun Bay, CA.
165.1183 Security Zones; Cruise Ships, Tankers and High Interest 
          Vessels, San Francisco Bay and Delta Ports, Monterey Bay and 
          Humboldt Bay, California.
165.1185 Regulated Navigation Area; San Francisco Bay, San Pablo Bay, 
          Carquinez Strait, Suisun Bay, Sacramento River, San Joaquin 
          River, and connecting waters in California.
165.1187 Security Zones; Golden Gate Bridge and the San Francisco-
          Oakland Bay Bridge, San Francisco Bay, California.
165.1190 Security Zone; San Francisco Bay, Oakland Estuary, Alameda, CA.
165.1191 Safety zones: Northern California annual fireworks events.
165.1192 Security Zones; Waters surrounding San Francisco International 
          Airport and Oakland International Airport, San Francisco Bay, 
          California.
165.1199 Security Zones; Military Ocean Terminal Concord (MOTCO), 
          Concord, California.

                     Thirteenth Coast Guard District

165.1301 Puget Sound and Adjacent Waters in Northwestern Washington--
          Regulated Navigation Area.
165.1302 Bangor Naval Submarine Base, Bangor, WA.
165.1303 Puget Sound and adjacent waters, WA-regulated navigation area.
165.1304 Bellingham Bay, Bellingham, WA.
165.1305 Commencement Bay, Tacoma, WA.
165.1306 Lake Union, Seattle, WA.
165.1307 Elliott Bay, Seattle, WA.
165.1308 Columbia River, Vancouver WA.
165.1309 Eagle Harbor, Bainbridge Island, WA.
165.1310 Strait of Juan de Fuca and adjacent coastal waters of Northwest 
          Washington; Makah Whale Hunting--Regulated Navigation Area.
165.1311 Olympic View Resource Area, Tacoma, WA.
165.1312 Security Zone; Portland Rose Festival on Willamette River.
165.1313 Security zone regulations, tank ship protection, Puget Sound 
          and adjacent waters, Washington
165.1314 Safety Zone; Fort Vancouver Fireworks Display, Columbia River, 
          Vancouver, Washington.
165.1315 Safety Zones: Annual fireworks events in the Captain of the 
          Port Portland Zone.
165.1316 Safety Zone; Columbia River, Astoria, Oregon.
165.1317 Security and Safety Zone; Large Passenger Vessel Protection, 
          Puget Sound and adjacent waters, Washington.
165.1318 Security and Safety Zone Regulations, Large Passenger Vessel 
          Protection, Portland, OR Captain of the Port Zone
165.1319 Safety Zone Regulations, Seafair Blue Angels Air Show 
          Performance, Seattle, WA.
165.1321 Security Zone; Protection of Military Cargo, Captain of the 
          Port Zone Puget Sound, WA.

                     Fourteenth Coast Guard District

165.1401 Apra Harbor, Guam--safety zones.
165.1402 Apra Outer Harbor, Guam--regulated navigation area.
165.1403 Security Zone: Tinian, Commonwealth Northern Marianas Islands.
165.1404 Apra Harbor, Guam--security zone.
165.1405 Regulated Navigation Areas and Security Zones; Designated 
          Escorted Vessels-Philippine Sea and Apra Harbor, Guam 
          (including Cabras Island Channel), and Tanapag Harbor, Saipan, 
          Commonwealth of the Northern Mariana Islands (CNMI).
165.1406 Safety Zone: Pacific Missile Range Facility (PMRF), Barking 
          Sands, Island of Kauai, Hawaii.
165.1407 Security Zones; Oahu, Maui, Hawaii, and Kauai, HI.

                    Seventeenth Coast Guard District

165.T17-010 Safety Zone; Bering Sea, Aleutian Islands, Unalaska Island, 
          AK.
165.T17-020 Port Valdez and Valdez Narrows, Valdez, Alaska--security 
          zones.
165.1701 Port Valdez, Valdez, Alaska--safety zone.
165.1702 Gastineau Channel, Juneau, Alaska--safety zone.
165.1703 Ammunition Island, Port Valdez, Alaska.
165.1704 Prince William Sound, Alaska-regulated navigation area.
165.1706 Gastineau Channel, Juneau, Alaska--Safety Zone.

[[Page 641]]

165.1708 Tongass Narrows, Ketchikan, Alaska--Safety Zone.
165.1709 Security Zones: Liquefied Natural Gas Tanker Transits and 
          Operations at Phillips Petroleum LNG Pier, Cook Inlet, AK.

                  Subpart G_Protection of Naval Vessels

165.2010 Purpose.
165.2015 Definitions.
165.2020 Enforcement authority.
165.2025 Atlantic Area.
165.2030 Pacific Area.

    Authority: 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. 0170.1.

    Source: CGD 79-034, 47 FR 29660, July 8, 1982, unless otherwise 
noted.



                            Subpart A_General



Sec. 165.1  Purpose of part.

    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.



Sec. 165.5  Establishment procedures.

    (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.

(Requests for safety zones, security zones, and regulated navigation 
areas are approved by the Office of Management and Budget under control 
number 2115-0076, 2115-0219, and 2115-0087).

    (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.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 79-026, 48 FR 
35408, Aug. 4, 1983]



Sec. 165.7  Notification.

    (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 Federal Register.
    (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

form as the notification of its establishment.



Sec. 165.8  Geographic coordinates.

    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

[[Page 642]]

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.

[CGD 86-082, 52 FR 33811, Sept. 8, 1987]



Sec. 165.9  Geographic application of limited and controlled access 
areas and regulated navigation areas.

    (a) General. The geographic application of the limited and 
controlled access areas and regulated navigation areas in this part are 
determined based on the statutory authority under which each is created.
    (b) Safety zones and regulated navigation areas. These zones and 
areas are created under the authority of the Ports and Waterways Safety 
Act, 33 U.S.C. 1221-1232. Safety zones established under 33 U.S.C. 1226 
and regulated navigation areas may be established in waters subject to 
the jurisdiction of the United States as defined in Sec. 2.38 of this 
chapter, including the territorial sea to a seaward limit of 12 nautical 
miles from the baseline.
    (c) Security zones. These zones have two sources of authority--the 
Ports and Waterways Safety Act, 33 U.S.C. 1221-1232, and the Act of June 
15, 1917, as amended by both the Magnuson Act of August 9, 1950 
(``Magnuson Act''), 50 U.S.C. 191-195, and sec. 104 the Maritime 
Transportation Security Act of 2002 (Pub. L. 107-295, 116 Stat. 2064). 
Security zones established under either 33 U.S.C. 1226 or 50 U.S.C. 191 
may be established in waters subject to the jurisdiction of the United 
States as defined in Sec. 2.38 of this chapter, including the 
territorial sea to a seaward limit of 12 nautical miles from the 
baseline.
    (d) Naval vessel protection zones. These zones are issued under the 
authority of 14 U.S.C. 91 and 633 and may be established in waters 
subject to the jurisdiction of the United States as defined in Sec. 
2.38 of this chapter, including the territorial sea to a seaward limit 
of 3 nautical miles from the baseline.

[USCG-2001-9044, 68 FR 42602, July 18, 2003]



                  Subpart B_Regulated Navigation Areas



Sec. 165.10  Regulated navigation areas.

    A regulated navigation area is a water area within a defined 
boundary for which regulations for vessels navigating within the area 
have been established under this part.



Sec. 165.11  Vessel operating requirements (regulations).

    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.

[CGD 79-026, 48 FR 35408, Aug. 4, 1983]



Sec. 165.13  General regulations.

    (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.



                         Subpart C_Safety Zones



Sec. 165.20  Safety zones.

    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.



Sec. 165.23  General regulations.

    Unless otherwise provided in this part:

[[Page 643]]

    (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.



                        Subpart D_Security Zones



Sec. 165.30  Security zones.

    (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:

in the United States and all territory and water, continental or 
insular, that is subject to the jurisdiction of the United States.



Sec. 165.33  General regulations.

    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.



                  Subpart E_Restricted Waterfront Areas



Sec. 165.40  Restricted waterfront areas.

    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 Sec. 125.09 of this chapter when certain 
shipping activities are conducted that are outlined in Sec. 125.15 of 
this chapter.



 Subpart F_Specific Regulated Navigation Areas and Limited Access Areas

                       First Coast Guard District



Sec. 165.T01-155  Safety Zone: Wantagh Parkway Number 3 Bridge over the 
Sloop Channel, Town of Hempstead, NY.

    (a) Location. The following area is a safety zone: All waters of the 
Sloop Channel in Hempstead, NY within 300-yards of the Wantagh Parkway 
Number 3 Bridge over the Sloop Channel.
    (b) Effective date. This section is effective from 12:01 a.m. on 
January 1, 2005 until 11:59 p.m. on December 31, 2005.
    (c) Regulations. (1) In accordance with the general regulations in 
165.23 of this part, entry into or movement within this zone is 
prohibited unless authorized by the Captain of the Port (COTP), Long 
Island Sound.
    (3) All persons and vessels shall comply with the instructions of 
the COTP, or the designated on-scene U.S. Coast

[[Page 644]]

Guard representative. 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.

[CGD01-04-155, 70 FR 2019, Jan. 12, 2005, as amended by CGD001-05-050, 
70 FR 30638, May 27, 2005]

    Effective Date Note: By CGD01-04-155, 70 FR 2019, Jan. 12, 2005, 
Sec. 165.155 was added, effective from 12:01 a.m. on Jan. 1, 2005 to 
11:59 p.m. on May 31, 2005. By CGD01-05-050, 70 FR 30638, May 27, 2005, 
paragraph (b) was revised and the effective date was extended until 
11:59 p.m. on Dec. 31, 2005.



Sec. 165.100  Regulated Navigation Area: Navigable waters within the 
First Coast Guard District.

    (a) Regulated navigation area. All navigable waters of the United 
States, as that term is used in 33 CFR 2.05-25(a), within the geographic 
boundaries of the First Coast Guard District, as defined in 33 CFR 3.05-
1(b).
    (b) Definitions. Terms used in this section have the same meaning as 
those found in 33 CFR 157.03. Single-hull identifies any tank barge that 
is not a double-hull tank barge.
    (c) Applicability. This section applies to primary towing vessels 
engaged in towing tank barges carrying petroleum oil in bulk as cargo in 
the regulated navigation area, or as authorized by the District 
Commander.
    (d) Regulations--(1) Positive control for barges. (i) Except as 
provided in paragraph (d)(1)(iii) of this section, each single-hull tank 
barge, unless being towed by a primary towing vessel with twin-screw 
propulsion and with a separate system for power to each screw, must be 
accompanied by an escort or assist tug of sufficient capability to 
promptly push or tow the tank barge away from danger of grounding or 
collision in the event of--
    (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) Enhanced communications. Each vessel engaged in towing a tank 
barge must communicate by radio on marine band or Very High Frequency 
(VHF) channel 13 or 16, and issue security calls on marine band or VHF 
channel 13 or 16, upon approach to the following places:
    (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).

[[Page 645]]

    (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) Voyage planning. (i) Each owner or operator of a towing vessel 
employed to tow a tank barge shall prepare a written voyage plan for 
each transit of the tank barge.
    (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 security calls.
    (4) Navigation restriction areas. Unless authorized by the cognizant 
COTP, no tank barge may operate in--
    (i) The waters of Cape Cod Bay south of latitude 42[deg]5[min] North 
and east of longitude 70[deg]25[min] West; or
    (ii) The waters of Fishers Island Sound east of longitude 
72[deg]2[min] West, and west of longitude 71[deg]55[min] 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.

[CGD1-98-151, 63 FR 71770, Dec. 30, 1998, as amended by CGD01-98-151, 64 
FR 12749, Mar. 15, 1999; USCG-1999-5832, 64 FR 34715, June 29, 1999; 
CGD01-98-151, 65 FR 35838, June 6, 2000]



Sec. 165.101  Kittery, Maine--regulated navigation area.

    (a) The following is a regulated navigation area--Waters within the 
boundaries of a line beginning at 43[deg]04[min]50[sec] N, 
70[deg]44[min]52[sec] W; then to 43[deg]04[min]52[sec] N, 
70[deg]44[min]53[sec] W; then to 43[deg]04[min]59[sec] N, 
70[deg]44[min]46[sec] W; then to 43[deg]05[min]05[sec] N, 
70[deg]44[min]32[sec] W; then to 43[deg]05[min]03[sec] N, 
70[deg]44[min]30[sec] 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.



Sec. 165.102  Security Zone: Walkers Point, Kennebunkport ME.

    (a) Location. The following area is a security zone: From point of 
land located on Cape Arundel at latitude 43[deg]20.4[min] North, 
Iongitude 070[deg]28.0[min] West; thence to a point approximately 500 
yards southwest of Walkers Point located at latitude 43[deg]20.2[min] 
North, longitude 070[deg]27.9[min] West; thence to a point located 
approximately 500 yards south of Walkers Point at latitude 
43[deg]20.1[min]

[[Page 646]]

North, longitude 070[deg]27.6[min] West; thence to a point located 
approximately southeast of Walkers Point at latitude 43[deg]20.4[min] 
North, longitude 070[deg]27.2[min] West; thence to an unnamed point of 
land located at 43[deg]20.9[min] North, longitude 070[deg]27.1[min] 
West; thence along the shoreline of Walkers Point to the beginning 
point. The aforementioned offshore positions are approximated by white 
buoys marked in orange indicating an exclusionary area.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. 165.33 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port, Portland, Maine. Section 165.33 
also contained other general requirements.
    (2) No person may swim upon or below the surface of the water within 
the boundaries of this security zone.

[CGDI 89-008, 54 FR 13883, Apr. 6, 1989]



Sec. 165.103  Safety and Security Zones; LPG Vessel Transits in 

Portland, Maine, Captain of the Port Zone, Portsmouth Harbor, 
Portsmouth, New Hampshire.

    (a) Location. The following areas are safety and security zones: (1) 
Except as provided in paragraph (a) (2) of this section, all navigable 
waters of the Portland, Maine, Captain of the Port zone, as defined in 
33 CFR 3.05-15, one mile ahead, one half mile astern, and 1000-yards on 
either side of any Liquefied Petroleum Gas vessel.
    (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) Definitions. For purposes of this section, navigable waters of 
the United States includes all waters of the territorial sea as 
described in Presidential Proclamation No. 5928 of December 27, 1988. 
Presidential Proclamation No. 5928 of December 27, 1988 declared that 
the territorial sea of the United States extends to 12 nautical miles 
from the baseline of the United States.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec. Sec. 165.23 and 165.33 of this part, entry into or movement within 
these zones is prohibited unless previously authorized by the Captain of 
the Port (COTP), Portland, Maine.
    (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.

[CGD01-02-045, 67 FR 56487, Sept. 4, 2002]



Sec. 165.104  Safety Zone: Vessel Launches, Bath Iron Works, Kennebec 
River, Bath, Maine.

    (a) Location. The following is a safety zone: all waters of the 
Kennebec River within a 150-yard radius of the Bath Iron Works dry dock 
while it is being moved to and from its moored position at the Bath 
IronWorks Facility in Bath, Maine to a deployed position in the Kennebec 
River, and while launching or recovering vessels.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. 165.23 of this part, entry into or movement within this zone is 
prohibited unless authorized by the Captain of the Port, Portland, 
Maine.
    (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,

[[Page 647]]

state and federal law enforcement vessels.
    (c) Notifications. 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 via Marine Safety Information RadioBroadcasts.

[CGD01-01-155, 67 FR 49582, July 31, 2002]



Sec. 165.105  Security Zones; Passenger Vessels, Portland, Maine, 
Captain of the Port Zone.

    (a) Definition. ``Passenger vessel'' as used in this section means a 
passenger vessel over 100 gross tons authorized to carry more than 500 
passengers for hire making voyages, any part of which is on the high 
seas, and for which passengers are embarked, disembarked or pay a port 
call, in the Portland, Maine, Captain of the Port zone as delineated in 
33 CFR 3.05-15.
    (b) Location. The following areas are security zones:
    (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) Regulations. (1) In accordance with the general regulations in 
Sec. 165.33 of this part, entry into or movement within these zones is 
prohibited unless previously authorized by the Coast Guard Captain of 
the Port, Portland, Maine (COTP) or his designated representative.
    (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) Enforcement. The Captain of the Port will enforce these zones 
and may enlist the aid and cooperation of any Federal, state, county, 
municipal, or private agency to assist in the enforcement of the 
regulation.

[CGD01-03-001, 68 FR 22305, Apr. 28, 2003]



Sec. 165.106  Security Zone: Seabrook Nuclear Power Plant, Seabrook, 
New Hampshire.

    (a) Location. The following area is a security zone: All land and 
waters within 250 yards of the waterside property boundary of Seabrook 
Nuclear Power Plant identified as follows: beginning at position 
42[deg]53[min]58[sec] N, 070[deg]51[min]06[sec] W then running along the 
property boundaries of Seabrook Nuclear Power Plant to position 
42[deg]53[min]46[sec] N, 070[deg]51[min]06[sec] W. All coordinates 
reference 1983 North American Datum (NAD 83).
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. 165.33 of this part, entry into or movement within this zone is 
prohibited unless authorized by the Captain of the Port, Portland, Maine 
(COTP).
    (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.

[CGD01-02-092, 67 FR 64815, Oct. 22, 2002]



Sec. 165.110  Safety and Security Zone; Liquefied Natural Gas Carrier 
Transits and Anchorage Operations, Boston, Massachusetts.

    (a) Definition. For purposes of this section, navigable waters of 
the United States includes all waters of the territorial sea as 
described in Presidential Proclamation No. 5928 of December 27, 1988. 
Presidential Proclamation No.

[[Page 648]]

5928 of December 27, 1988 declared that the territorial sea of the 
United States extends to 12 nautical miles from the baseline of the 
United States.
    (b) Location. The following areas are safety and security zones:
    (1) Vessels underway. All navigable waters of the United States 
within the Captain of the Port (COTP) Boston zone, as defined in 33 CFR 
3.05-10, two miles ahead and one mile astern, and 500 yards on each side 
of any liquefied natural gas carrier (LNGC) vessel while underway.
    (2) Vessels anchored in the Broad Sound. All waters within a 500-
yard radius of any anchored LNGC vessel located in the waters of Broad 
Sound bounded by a line starting at position 42 deg. 25[min] N, 070 deg. 
58[min] W; then running southeast to position 42 deg. 22[min] N, 070 
deg. 56[min] W; then running east to position 42 deg. 22[min] N, 070 
deg. 50[min] W; then running north to position 42 deg. 25[min] N, 070 
deg. 50[min] W; then running west back to the starting point (NAD 83).
    (3) Vessels moored at the Distrigas LNG facility. All waters within 
a 400-yard radius of any LNGC vessel moored at the Distrigas LNG 
facility in Everett, MA.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec. 165.23 and Sec. 165.33 of this part, entry into or movement within 
these zones is prohibited unless authorized by the Captain of the Port 
Boston, or his/her authorized representative.
    (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.

[CGD01-02-023, 67 FR 63263, Oct. 11, 2002]



Sec. 165.111  Safety Zone: Boston Harbor, Boston, Massachusetts.

    (a) The following areas are established as safety zones during the 
conditions specified:
    (1) Around the U.S.S. Constitution or any accompanying parade 
vessels when Constitution is under way--300 yards in all directions in 
the waters around the U.S.S. Constitution and each parade vessel 
accompanying Constitution whenever the U.S.S. Constitution is underway 
in Boston Harbor from the time such vessels depart their respective 
berths until the time they complete their transit and are safely moored.
    (2) Whenever Constitution is moored at Pier 1, Charlestown Navy 
Yard--the waters between Hoosac Pier and Pier 1, Charlestown Navy Yard, 
from the imaginary line connecting the outer easternmost point 
protruding into Boston Harbor from Hoosac Pier to the outer westernmost 
point protruding into Boston Harbor from Pier 1, Charlestown Navy Yard, 
extending inbound along the face of both piers to the landside points 
where both piers end.
    (3) Around the U.S.S. Constitution--fifty yards in all directions in 
the waters around Constitution when the vessel is moored at any Boston 
berthing location other than Pier 1, Charlestown Navy Yard.
    (b) The general regulations governing safety zones as contained in 
33 CFR 165.23 apply.

[CGD1 91-109, 57 FR 30407, July 9, 1992]



Sec. 165.112  Safety Zone: USS CASSIN YOUNG, Boston, Massachusetts.

    (a) Location. The following area is a safety zone:
    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.

[[Page 649]]

    (b) Regulations. The general regulations governing safety zones as 
contained in 33 CFR 165.23 apply.

[CGD01-93-001, 58 FR 47991, Sept. 14, 1993]



Sec. 165.113  Security Zone: Dignitary arrival/departure Logan 
International Airport, Boston, MA

    (a) Location. The permanent security zone consists of four sectors 
that may be activated in part, or in whole, upon the request of the U.S. 
Secret Service. These zones are for the protection of the President or 
Vice President of the United States, as well as visiting heads of 
foreign states or foreign governments arriving at, or departing from, 
Logan International Airport and as determined by the transit route 
across Boston Harbor. The security zone will be as follows:
    (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 Logan International 
Airport shoreline, bound on the west by a line drawn between positions 
42[deg]22[min]45[sec] N., 071[deg]01[min]05[sec] W. and 
42[deg]21[min]48[sec] N., 071[deg]01[min]45[sec] W. (NAD) 1983).
    (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) Regulations. (1) The general regulations covering security zones 
contained in 33 CFR 165.33 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 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.

[CGD01-97-004, 63 FR 16117, Apr. 2, 1998]



Sec. 165.114  Safety and Security Zones: Escorted Vessels--Boston Harbor, 
Massachusetts.

    (a) Location. The following waters within the Boston Captain of the 
Port Zone, 1000 yards ahead and astern, and 100 yards on each side of 
any designated escorted vessel, are established as safety and security 
zones: All waters of Boston Inner Harbor, including the waters of the 
Mystic River, Chelsea River, and Reserved Channel west of a line running 
from Deer Island Light, at position 42[deg]20[min]25[sec] N, 
070[deg]57[min]15[sec] W, to Long Island, at position 
42[deg]19[min]48[sec] N, 070[deg]57[min]15[sec] W, and west of the Long 
Island Bridge, running from Long Island to Moon Head.
    (b) Escorted vessel definition. For the purposes of this section, 
escorted vessels operating in Boston Harbor include the following: Any 
vessels deemed to be in need of escort protection by the Captain of the 
Port, Boston for security reasons.

[[Page 650]]

    (c) Regulations. (1) In accordance with the general regulations in 
Sec. Sec. 165.23 and 165.33 of this part, entry into or movement within 
this zone is prohibited unless authorized by the Captain of the Port 
Boston.
    (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.

[CGD01-01-227, 67 FR 20912, Apr. 29, 2002, as amended by CGD01-01-227, 
67 FR 63265, Oct. 11, 2002]



Sec. 165.115  Safety and Security Zones; Pilgrim Nuclear Power Plant, 
Plymouth, Massachusetts.

    (a) Location. All waters of Cape Cod Bay and land adjacent to those 
waters enclosed by a line beginning at position 41[deg]57[min]5[sec] N, 
070[deg]34[min]42[sec] W; then running southeast to position 
41[deg]56[min]40.5[sec] N, 070[deg]41[min]4.5[sec] W; then running 
southwest to position 41[deg]56[min]32[sec] N, 070[deg]34[min]14[sec] W; 
then running northwest to position 41[deg]56[min]55.5[sec] N, 
070[deg]34[min]52[sec] W; then running northeast back to position 
41[deg]57[min]5[sec] N, 070[deg]34[min]42[sec] W.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. Sec. 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 
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.

[CGD01-02-002, 67 FR 37693, May 30, 2002]



Sec. 165.116  Safety and Security Zones; Salem and Boston Harbors, 
Massachusetts.

    (a) Location. The following areas are permanent safety and security 
zones:
    (1) Reserved Channel, Boston Harbor. All waters of Boston Harbor 
within one hundred fifty (150) yards off the bow and stern and one 
hundred (100) yards abeam of any vessel moored at the Massachusetts Port 
Authority Black Falcon Terminal;
    (2) Boston Inner Harbor. All waters of Boston Harbor within one 
hundred (100) feet of the Coast Guard Integrated Support Command (ISC) 
Boston piers and;
    (3) Salem Harbor. All waters of Salem Harbor within a two-hundred 
and fifty (250) yard radius of the center point of the PG & E Power 
Plant Terminal Wharf, Salem, MA, located at 42[deg]31.33[min] N, 
070[deg]52.67[min] W when a vessel is moored at this pier. All 
coordinates are North American Datum 1983.
    (b) Effective date. This section becomes effective July 1, 2002.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec. 165.23 and Sec. 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.

[CGD01-02-016, 67 FR 45909, July 11, 2002]



Sec. 165.120  Safety Zone: Chelsea River, Boston Inner Harbor, Boston, MA.

    (a) Location. The following area is a safety zone: The waters of the 
Chelsea River, Boston Inner Harbor, for 100 yards upstream and 
downstream of the center of the Chelsea Street Draw span

[[Page 651]]

(in the approximate position of Latitude 42[deg]33[min]10[sec] N., 
Longitude 71[deg]01[min]23[sec] W.).
    (b) Regulation. The following standards are the minimum requirements 
for transit of the Safety Zone. Additional precautions may be taken by 
the pilot and/or person in charge (Master or Operator).
    (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 a draft less than 18.0 
feet forward and 24.0 feet aft.
    (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[deg]23[min]09[sec] N., 71[deg]01[min]31[sec] 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[deg]23[min]05[sec] 
N., 71[deg]01[min]31[sec] 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.

[CCGD1-85-4R, 51 FR 10835, Mar. 31, 1986; 51 FR 23415, June 27, 1986, as 
amended by USCG-1998-3799, 63 FR 35532, June 30, 1998]



Sec. 165.121  Safety and Security Zones: High Interest Vessels, 
Narragansett Bay, Rhode Island.

    (a) Location. (1) All waters of Rhode Island Sound within a \1/2\ 
mile radius of any high interest vessel while the vessel is anchored 
within \1/2\ mile of the point Latitude 41[deg]25[min] N, Longitude 
71[deg]23[min] W in the Narragansett Bay Precautionary Area.
    (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) High interest vessels defined. For purposes of this section, 
high interest vessels operating in the Providence Captain of the Port 
zone include the following: barges or ships carrying liquefied petroleum 
gas (LPG), liquefied natural gas (LNG), chlorine, anhydrous ammonia, or 
any other cargo deemed

[[Page 652]]

to be high interest by the Captain of the Port, Providence.
    (c) Regulations. (1) Entry into or movement within these zones, 
including below the surface of the water, during times in which high 
interest vessels are present and the zones are enforced is prohibited 
unless authorized by the COTP Providence or authorized representative.
    (2) The general regulations covering safety and security zones in 
Sec. Sec. 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.

[CGD01-02-065, 67 FR 56224, Sept. 3, 2002]



Sec. 165.122  Providence River, Providence, R.I. regulated navigation 
area.

    (a) Description of the regulated navigation area (RNA). The 
Regulated Navigation Area (RNA) encompasses the deep draft channel 
between Narragansett Bay Entrance Lighted Horn Buoy NB (LLNR 17675) 
41[deg]23.0[min] N Latitude, 71[deg]23.4[min] W Longitude, and Fox 
Point, Providence.
    (b) Regulations. (1) The following restrictions apply in the portion 
of the regulated area between Conimicut Light (LLNR 18305) and Channel 
Light 42 (Fuller Rock Light, (LLNR 18580)).
    (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[deg]43.7[min] N Latitude, 71[deg]21.8[min] W 
Longitude, (LLNR 18330) and Channel Lighted Buoy 20, 41[deg]43.7[min] N 
Latitude, 71[deg]21.8[min] 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) Enforcement. Violations of this regulated navigation area should 
be reported to the Captain of the Port, Providence, at (401) 435-2300. 
Persons in

[[Page 653]]

violation of these regulations will be subject to civil penalty under 
Sec. 165.13(b) of this part.

[CGD01-93-030, 59 FR 18489, Apr. 19, 1994]



Sec. 165.130  Sandy Hook Bay, New Jersey--security zone.

    (a) Naval Ammunition Depot Piers. The waters within the following 
boundaries are a security zone--A line beginning on the shore at 
40[deg]25[min]57[sec] N, 74[deg]04[min]32[sec] W; then to 
40[deg]27[min]52.5[sec] N, 74[deg]03[min]14.5[sec] W; then to 
40[deg]27[min]28.3[sec] N, 74[deg]02[min]12.4[sec] W; then to 
40[deg]26[min]29.2[sec] N, 74[deg]02[min]53[sec] W; then to 
40[deg]26[min]31.1[sec] N, 74[deg]02[min]57.2[sec] W; then to 
40[deg]25[min]27.3[sec] N, 74[deg]03[min]41[sec] 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[deg]27[min]41.2[sec] N, 
74[deg]02[min]46[sec] W; then to 40[deg]28[min]27[sec] N, 
74[deg]02[min]17.2[sec] W; then to 40[deg]28[min]21.1[sec] N, 
74[deg]02[min]00[sec] W; then to 40[deg]28[min]07.8[sec] N, 
74[deg]02[min]22[sec] W; then to 40[deg]27[min]39.8[sec] N, 
74[deg]02[min]41.4[sec] W; then to to the beginning.
    (c) The following rules apply to the security zone established in 
paragraph (b) of this section (Terminal Channel) instead of the rule in 
Sec. 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.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 165.140  New London Harbor, Connecticut--security zone.

    (a) Security zones--(1) Security Zone A. The waters of the Thames 
River west of the Electric Boat Corporation Shipyard enclosed by a line 
beginning at a point on the shoreline at 41[deg]20[min]16[sec] N, 
72[deg]04[min]47[sec] W; then running west to 41[deg]20[min]16[sec] N, 
72[deg]04[min]57[sec] W; then running north to 41[deg]20[min]26[sec] N, 
72[deg]04[min]57[sec] W; then northwest to 41[deg]20[min]28.7[sec] N, 
72[deg]05[min]01.7[sec] W; then north-northwest to 
41[deg]20[min]53.3[sec] N, 72[deg]05[min]04.8[sec] W; then north-
northeast to 41[deg]21[min]02.9[sec] N, 72[deg]05[min]04.9[sec] W; then 
east to a point on shore at 41[deg]21[min]02.9[sec] N, 
72[deg]04[min]58.2[sec] W.
    (2) Security zone B. The waters of the Thames River, west of the 
Naval Submarine Base, New London, CT, enclosed by a line beginning at a 
point on the shoreline at 41[deg]23[min]15.8[sec] N., 
72[deg]05[min]17.9[sec] W.; then to 41[deg]23[min]15.8[sec] N., 
72[deg]05[min]22[sec] W.; then to 41[deg]23[min]25.9[sec] N., 
72[deg]05[min]29.9[sec] W.; then to 41[deg]23[min]33.8[sec] N., 
72[deg]05[min]34.7[sec] W.; then to 41[deg]23[min]37.0[sec] N., 
72[deg]05[min]38.0[sec] W.; then to 41[deg]23[min]41.0[sec] N., 
72[deg]05[min]40.3[sec] W.; then to 41[deg]23[min]47.2[sec] N., 
72[deg]05[min]42.3[sec] W.; then to 41[deg]23[min]53.8[sec] N., 
72[deg]05[min]43.7[sec] W.; then to 41[deg]23[min]59.8[sec] N., 
72[deg]05[min]43.0[sec] W.; then to 41[deg]24[min]12.4[sec] N., 
72[deg]05[min]43.2[sec] W.; then to a point on the shoreline at 
41[deg]24[min]14.4[sec] N., 72[deg]05[min]38[sec] W.; then along the 
shoreline to the point of beginning.
    (3) All coordinates are North American Datum 1983.
    (b) Special regulation. Section 165.33 does not apply to public 
vessels when operating in Security Zone A, or to vessels owned by, under 
hire to, or performing work for the Electric Boat Division when 
operating in Security Zone A.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by COTP 83-01, 48 FR 
33264, July 21, 1983; CGD3-83-29, 48 FR 51622, Nov. 10, 1983; CGD3-84-
26, 49 FR 40405, Oct. 16, 1984; CGD3-86-56, 52 FR 17296, May 7, 1987. 
Redesignated by CGD 87-008b, 52 FR 25218, July 6, 1987; CDG3 86-56, 52 
FR 44107, Nov. 18, 1987; CGD01-97-104, 62 FR 51782, Oct. 3, 1997; CGD01-
03-012, 69 FR 4244, Jan. 29, 2004]



Sec. 165.141  Safety Zone: Sunken vessel EMPIRE KNIGHT, Boon Island, ME.

    (a) Location. The following area is a safety zone: All waters of the 
Atlantic Ocean within a 1,000 yard radius of the stern section of the 
sunken vessel EMPIRE KNIGHT, in approximate position 
43[deg]06[min]19[sec] N, 70[deg]27[min]09[sec] W, (NAD 1983) and 
extending from the water's surface to the seabed floor.
    (b) Effective date. This section is effective on August 23, 1996, 
twenty-four hours a day, seven days a week.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) All vessels and persons are prohibited from anchoring, diving, 
dredging,

[[Page 654]]

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.

[CGD 01-95-141, 61 FR 60032, Nov. 26, 1996]



Sec. 165.150  New Haven Harbor, Quinnipiac River, Mill River.

    (a) The following is a regulated navigation area: The waters 
surrounding the Tomlinson Bridge located within a line extending from a 
point A at the southeast corner of the Wyatt terminal dock at 
41[deg]17[min]50[sec] N, 72[deg]54[min]36[sec] W thence along a line 
126[deg]T to point B at the southwest corner of the Gulf facility at 
41[deg]17[min]42[sec] N, 72[deg]54[min]21[sec] W thence north along the 
shoreline to point C at the northwest corner of the Texaco terminal dock 
41[deg]17[min]57[sec] N, 72[deg]54[min]06[sec] W thence along a line 
303[deg]T to point D at the west bank of the mouth of the Mill River 
41[deg]18[min]05[sec] N, 72[deg]54[min]23[sec] W thence south along the 
shoreline to point A.
    (b) Regulations. (1) No person may operate a vessel or tow a barge 
in this Regulated Navigation Area in violation of these regulations.
    (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.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 80-069, 47 FR 
53368, Nov. 26, 1982. Redesignated by CGD 87-008b, 52 FR 25218, July 6, 
1987]



Sec. 165.151  Safety Zones; Long Island Sound annual fireworks displays.

    (a) Safety Zones. The following areas are designated safety zones. 
All coordinates references 1983 North American Datum (NAD83).
    (1) Indian Harbor Yacht Club Fireworks Safety Zone. All waters of 
Long Island Sound off Greenwich CT, within a 800-foot radius of the 
fireworks barge located in approximate position 41[deg]00[min]35[sec] N, 
073[deg]37[min]05[sec] W.
    (2) City of Rowayton Fireworks Safety Zone. All waters of Long 
Island Sound in Sheffield Channel off of Ballast Reef within a 1000-foot 
radius of the fireworks barge located in approximate position 
41[deg]03[min]11[sec] N, 073[deg]26[min]41[sec] W.
    (3) The Yampol Family Fireworks Safety Zone. All waters of Long 
Island Sound off Cold Springs Harbor, Cove Neck New York within a 1200-
foot radius of the fireworks barge located in approximate position 
41[deg]53[min]00[sec] N, 073[deg]29[sec] 13[sec] W.
    (4) Groton Long Point Yacht Club Fireworks Safety Zone. All waters 
of Long

[[Page 655]]

Island Sound off of Groton Long Point, Groton, CT, within a 600-foot 
radius of the fireworks barge in approximate position 
41[deg]18[min]05[sec] N, 072[deg]02[sec] 08[sec] W.
    (5) City of West Haven Fireworks Safety Zone. All waters of New 
Haven Harbor on Long Island Sound off Bradley Point within a 1200-foot 
radius of the fireworks barge in approximate position 
41[deg]15[min]07[sec] N, 072[deg]57[min]26[sec] W.
    (6) New Haven Festival Fireworks Safety Zone. All waters of New 
Haven Harbor on Long Island Sound within a 1200-foot radius of the 
fireworks barge in approximate position 40[deg]17[min]31[sec] N, 
072[deg]54[min]48[sec] W.
    (7) Madison Cultural Arts Fireworks Safety Zone. All the waters of 
Long Island Sound located off the City of Madison within an 800-foot 
radius of the fireworks barge in approximate position 
41[deg]16[min]10[sec] N, 072[deg]36[min]30[sec] W.
    (8) Arnold L. Chase Fireworks Safety Zone. All waters of Connecticut 
River within a 600 foot radius of the fireworks barge located in 
approximate position 41[deg]15[min]56[sec] N, 072[deg]21[min]49[sec] W, 
about 100-yards off Fenwick Pier.
    (9) Saybrook Summer Pops Fireworks Safety Zone. All waters of 
Connecticut River within a 600-foot radius of the fireworks barge 
located in approximate position 41[deg]17[min]35[sec] N, 
072[deg]21[min]20[sec] W.
    (10) Mashantucket Pequot Fireworks Safety Zone. All waters of Thames 
River within a 1200-foot radius of the fireworks barges located in 
approximate positions: barge one, 41[deg]21[min]01[sec] N, 
072[deg]05[min]25[sec] W, barge two, 41[deg]20[min]58[sec] N, 
072[deg]05[min]23[sec] W, barge three, 41[deg]20[min]53[sec] N, 
072[deg]05[min]21[sec] W, located off New London, CT.
    (11) Harbor Day Fireworks Safety Zone. All waters of Thames River 
within a 600-foot radius of the fireworks barge located in approximate 
position 41[deg]31[min]14[sec] N, 072[deg]04[min]44[sec] W, located off 
American Warf Marina, Norwich, CT.
    (12) Riverfest Fireworks Safety Zone. All the waters of the 
Connecticut River within a 600-foot radius of the fireworks barge 
located in approximate position 41[deg]45[min]34[sec] N, 
072[deg]39[min]37[sec] W.
    (13) Southampton Fresh Air Home Fireworks Safety Zone. All the 
waters of Shinnecock Bay within a 600-foot radius of the fireworks barge 
located in approximate position 40[deg]51[min]48[sec] N, 
072[deg]28[min]30[sec] W, off of Southampton, NY.
    (14) T.E.L. Enterprises Fireworks Safety Zone. All the waters of 
Great South Bay within a 600-foot radius of the fireworks barge located 
in approximate position 40[deg]41[min]17[sec] N, 073[deg]00[min]20[sec] 
W, off of Davis Park, NY.
    (15) Patchogue Chamber of Commerce Fireworks Safety Zone. All the 
waters of Great South Bay within an 800-foot radius of the fireworks 
barge located in approximate position 40[deg]44[min]38[sec] N, 
073[deg]00[min]33[sec] W, off of Patchogue, NY.
    (16) Fire Island Tourist Bureau Fireworks Safety Zone. All the 
waters of Great South Bay within a 600-foot radius of the fireworks 
barge located in approximate position 40[deg]35[min]45[sec] N, 
073[deg]05[min]23[sec] W, off of Cherry Cove, NY.
    (17) Treibeck's Party Fireworks Safety Zone. All the waters of the 
Atlantic Ocean within a 1200-foot radius of the fireworks barge located 
in approximate position 40[deg]54[min]04[sec] N, 072[deg]16[min]50[sec] 
W, off of Sagaponack, NY.
    (b) Notification. Coast Guard Group/Marine Safety Office Long Island 
Sound and Coast Guard Group Moriches will cause notice of the activation 
of these safety zones to be made by all appropriate means to effect the 
widest publicity among the affected segments of the public, including 
publication in the local notice to mariners, marine information 
broadcasts, and facsimile. Fireworks barges used in these locations will 
also have a sign on their port and starboard side labeled ``FIREWORKS--
STAY AWAY'' with the same dimensions listed previously.
    (c) Enforcement period. Specific zones in this section will be 
enforced from 8 p.m. to 11 p.m. (e.s.t.) each day a barge with a 
``FIREWORKS--STAY AWAY'' sign is posted in that zone.
    (d) Regulations. Vessels may not enter, remain in, or transit 
through the safety zones in this section during the enforcement period 
unless authorized by the Captain of the Port Long Island Sound or 
designated Coast Guard patrol personnel on scene.

[CGD01-01-077, 67 FR 22352, May 3, 2002, as amended by USCG-2003-15404, 
68 FR 37741, June 25, 2003; 68 FR 40024, July 3, 2003]

[[Page 656]]



Sec. 165.152  Coast Guard Station Fire Island, Long Island, New 
York--safety zone.

    (a) Location. The following waters of Fire Island Inlet are a safety 
zone: Beginning at a point on shore at 40[deg]37.523[min] N, 
073[deg]15.685[min] W; then north to 40[deg]37.593[min] N, 
073[deg]15.719[min] W; then east to 40[deg]37.612[min] N, 
073[deg]15.664[min] W; then east to 40[deg]37.630[min] N, 
073[deg]15.610[min] W; then east to 40[deg]37.641[min] N, 
073[deg]15.558[min] W; then southeast to 40[deg]37.630[min] N, 
073[deg]15.475[min] W; then southeast to 40[deg]37.625[min] N, 073-
15.369[min] W; then southeast to 40[deg]37.627[min] N, 
073[deg]15.318[min] W; then southeast to point on shore at 
40[deg]37.565[min] N, 073[deg]15.346[min] W. All coordinates are North 
American Datum 1983.
    (b) Regulations. (1) The general regulations contained in 33 CFR 
Sec. 165.23 apply.
    (2) All persons and vessels must comply with the Coast Guard Captain 
of the Port or designated on-scene 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. Upon being hailed by 
siren, radio, flashing light or other means from a U.S. Coast Guard 
vessel or other vessel with on-scene patrol personnel aboard, the 
operator of the vessel shall proceed as directed.

[CGD01-03-025, 69 FR 26045, May 11, 2004]



Sec. 165.153  Regulated Navigation Area: Long Island Sound Marine 
Inspection and Captain of the Port Zone.

    (a) Regulated Navigation Area location. All waters of the Long 
Island Sound Marine Inspection and Captain of the Port (COTP) Zone, as 
delineated in 33 CFR 3.05-35, extending seaward 12 nautical miles from 
the territorial sea baseline, are established as a regulated navigation 
area (RNA).
    (b) Applicability. This section applies to all vessels operating 
within the RNA excluding public vessels.
    (c) Definitions. The following definitions apply to this section:
    Commercial service means any type of trade or business involving the 
transportation of goods or individuals, except service performed by a 
combatant vessel.
    Ferry means a vessel that:
    (1) Operates in other than ocean or coastwise service;
    (2) Has provisions only for deck passengers or vehicles, or both;
    (3) Operates on a short run on a frequent schedule between two 
points over the most direct water route; and
    (4) Offers a public service of a type normally attributed to a 
bridge or tunnel.
    Public vessels means vessels owned or bareboat chartered and 
operated by the United States, or by a State or political subdivision 
thereof, or by a foreign nation, except when such vessel is engaged in 
commercial service.
    Territorial sea baseline means the line defining the shoreward 
extent of the territorial sea of the United States drawn according to 
the principles, as recognized by the United States, of the Convention on 
the Territorial Sea and the Contiguous Zone, 15 U.S.T. 1606, and the 
1982 United Nations Convention on the Law of the Sea (UNCLOS), 21 I.L.M. 
1261. Normally, the territorial sea baseline is the mean low water line 
along the coast of the United States.
    (d) Regulations. (1) Speed restrictions in the vicinity of Naval 
Submarine Base New London and Lower Thames River. Unless authorized by 
the Captain of the Port (COTP), vessels of 300 gross tons or more may 
not proceed at a speed in excess of eight knots in the Thames River from 
New London Harbor channel buoys 7 and 8 (Light List numbers 21875 and 
21880 respectively) north through the upper limit of the Naval Submarine 
Base New London Restricted Area, as that area is specified in 33 CFR 
334.75(a). The U.S. Navy and other Federal, State and municipal agencies 
may assist the U.S. Coast Guard in the enforcement of this rule.
    (2) Enhanced communications. Vessels of 300 gross tons or more and 
all vessels engaged in towing barges must issue securit[eacute] calls on 
marine band or Very High Frequency (VHF) radio channel 16 upon approach 
to the following locations:
    (i) Inbound approach to Cerberus Shoal; and
    (ii) Outbound approach to Race Rock Light (USCG Light List No. 
19815).
    (3) All vessels operating within the RNA that are bound for a port 
or place located in the United States or that

[[Page 657]]

must transit the internal waters of the United States, must be inspected 
to the satisfaction of the U. S. Coast Guard, before entering waters 
within three nautical miles from the territorial sea baseline. Vessels 
awaiting inspection will be required to anchor in the manner directed by 
the COTP. This section does not apply to vessels operating exclusively 
within the Long Island Sound Marine Inspection and COTP Zone, vessels on 
a single voyage which depart from and return to the same port or place 
within the RNA, all towing vessels engaged in coastwise trade, vessels 
in innocent passage not bound for a port or place subject to the 
jurisdiction of the United States, and all vessels not engaged in 
commercial service whose last port of call was in the United States. 
Vessels requiring inspection by the COTP may contact the COTP via marine 
band or Very High Frequency (VHF) channel 16, telephone at (203) 468-
4401, facsimile at (203) 468-4418, or letter addressed to Captain of the 
Port, Long Island Sound, 120 Woodward Ave., New Haven, CT 06512.
    (4) All vessels operating within the RNA that are bound for a port 
or place located in the United States or that must transit the internal 
waters of the United States, must obtain authorization from the Captain 
of the Port (COTP) before entering waters within three nautical miles 
from the territorial sea baseline. Vessels awaiting COTP authorization 
to enter waters within three nautical miles from the territorial sea 
baseline will be required to anchor in the manner directed by the COTP. 
This section does not apply to vessels operating exclusively within the 
Long Island Sound Marine Inspection and COTP Zone, vessels on a single 
voyage which depart from and return to the same port or place within the 
RNA, all towing vessels engaged in coastwise trade, vessels in innocent 
passage not bound for a port or place subject to the jurisdiction of the 
United States, and all vessels not engaged in commercial service whose 
last port of call was in the United States. Vessels may request 
authorization from the COTP by contacting the COTP via marine band or 
Very High Frequency (VHF) channel 16, telephone at (203) 468-4401, 
facsimile at (203) 468-4418, or letter addressed to Captain of the Port, 
Long Island Sound, 120 Woodward Ave., New Haven, CT 06512.
    (5) Vessels over 1,600 gross tons operating in the RNA within three 
nautical miles from the territorial sea baseline that are bound for a 
port or place located in the United States or that must transit the 
internal waters of the United States must receive authorization from the 
COTP prior to transiting or any intentional vessel movements, including, 
but not limited to, shifting berths, departing anchorage, or getting 
underway from a mooring. This section does not apply to vessels in 
innocent passage not bound for a port or place subject to the 
jurisdiction of the United States.
    (6) Ferry vessels. Vessels of 300 gross tons or more are prohibited 
from entering all waters within a 1200-yard radius of any ferry vessel 
transiting in any portion of the Long Island Sound Marine Inspection and 
COTP Zone without first obtaining the express prior authorization of the 
ferry vessel licensed operator, licensed master, COTP, or the designated 
COTP on-scene patrol.
    (7) Vessels engaged in commercial service. No vessel may enter 
within a 100-yard radius of any vessel engaged in commercial service 
while that vessel is transiting, moored, or berthed in any portion of 
the Long Island Sound Marine Inspection and COTP zone, without the 
express prior authorization of the vessel's licensed operator, master, 
COTP, or the designated COTP on-scene representative.
    (8) Bridge foundations. Any vessel operating beneath a bridge must 
make a direct, immediate and expeditious passage beneath the bridge 
while remaining within the navigable channel. No vessel may stop, moor, 
anchor or loiter beneath a bridge at any time. No vessel may approach 
within a 25-yard radius of any bridge foundation, support, stanchion, 
pier or abutment except as required for the direct, immediate and 
expeditious transit beneath a bridge.
    (9) This section does not relieve any vessel from compliance with 
applicable navigation rules.

[CGD01-02-104, 68 FR 48802, Aug. 15, 2003]

[[Page 658]]



Sec. 165.154  Safety and Security Zones: Long Island Sound Marine 
Inspection Zone and Captain of the Port Zone.

    (a) Safety and security zones. The following areas are safety and 
security zones:
    (1) Dominion Millstone Nuclear Power Plant Safety and Security 
Zones. (i) All waters north and north east of a line running from Bay 
Point, at approximate position 41-18.57 N, 072-10.41 W, to Millstone 
Point at approximate position 41-18.25 N, 072-09.96 W.
    (ii) All waters west of a line starting at 41-18.700 N, 072-09.650 
W, running south to the eastern most point of Fox Island at approximate 
position 41-18.400 N, 072-09.660 W. All coordinates are North American 
Datum 1983.
    (2) Coast Guard Vessels Safety and Security Zones. All waters within 
a 100-yard radius of any anchored Coast Guard vessel. For the purposes 
of this section, Coast Guard vessels includes any commissioned vessel or 
small boat in the service of the regular Coast Guard and does not 
include Coast Guard Auxiliary vessels.
    (b) Regulations. (1) The general regulations contained in Sec. 
165.23 and Sec. 165.33 of this part apply.
    (2) In accordance with the general regulations in Sec. 165.23 and 
Sec. 165.33 of this part, entry into or movement within this zone is 
prohibited unless authorized by the Captain of the Port Long, Island 
Sound.
    (3) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or 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.

[CGD01-02-104, 68 FR 48803, Aug. 15, 2003]



Sec. 165.155  Northville Industries Offshore Platform, Riverhead, Long 
Island, New York-- safety zone.

    (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 York, 1 mile North of the Riverhead 
shoreline at 41[deg]00[sec] N, 072[deg]38[sec] W, while a Liquefied 
Petroleum Gas (LPG) vessel is moored at the Offshore Platform. The 
safety zone remains in effect until the LPG vessel departs the Offshore 
Platform.
    (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.

[CGD3 85-86, 51 FR 37181, Oct. 20, 1986. Redesignated by CGD 87-008b, 52 
FR 25218, July 6, 1987]



Sec. 165.160  Safety and Security Zones: Liquefied Hazardous Gas Vessel, 

Liquefied Hazardous Gas Facility and Designated Vessel Transits, New 
York Marine 
          Inspection Zone and Captain of the Port Zone.

    (a) Location. The following areas are safety and security zones:
    (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) Designated Vessels (DVs). For the purposes of this section, DVs 
are: Vessels certificated to carry 500 or more passengers; vessels 
carrying government officials or dignitaries requiring protection by the 
U.S. Secret Service, or other Federal, State or local law enforcement 
agency; and barges or ships carrying petroleum products, chemicals, or 
other hazardous cargo.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 and 165.33 apply.
    (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,

[[Page 659]]

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.

[CGD01-02-132, 68 FR 2890, Jan. 22, 2003]



Sec. 165.161  Safety zones: Coast Guard activities New York annual 
fireworks displays.

    (a) Safety zones. The following areas are designated safety zones:
    (1) North Hempstead, NY, fireworks, Hempstead Harbor:
    (i) Location. All waters of Hempstead Harbor within a 300-yard 
radius of the fireworks barge in approximate position 
40[deg]49[min]54[sec] N 073[deg]39[min]14[sec] W (NAD 1983), about 360 
yards north of Bar Beach, Hempstead Harbor.
    (ii) Effective period. Paragraph (a)(1)(i) of this section is in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the Friday 
before Memorial Day, and the Saturday after Labor Day. If the event is 
cancelled due to inclement weather, then paragraph (a)(1)(i) of this 
section is effective from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the 
Saturday before Memorial Day and the Sunday after Labor Day.
    (2) Seaport Memorial Day fireworks, East River, NY:
    (i) Location. All waters of the East River south of the Brooklyn 
Bridge and north of a line drawn from the southwest corner of Pier 3, 
Brooklyn, to the northeast corner of Pier 6, Manhattan.
    (ii) Effective period. Paragraph (a)(2)(i) of this section is in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on Memorial Day. 
If the event is cancelled due to inclement weather, then paragraph 
(a)(2)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m. 
(e.s.t.) on the day following Memorial Day.
    (3) Highlands, NJ, fireworks, Sandy Hook Bay:
    (i) Location. All waters of Sandy Hook Bay within a 150-yard radius 
of the fireworks barge in approximate position 40[deg]24[min]33.8[sec] N 
073[deg]59[min]46.2[sec] W (NAD 1983), about 1,200 yards west of Plum 
Island.
    (ii) Effective period. Paragraph (a)(3)(i) of this section is in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the Saturday 
before Father's Day. If the event is cancelled due to inclement weather, 
then paragraph (a)(3)(i) of this section is effective from 8 p.m. 
(e.s.t.) to 1 a.m. (e.s.t.) on Father's Day.
    (4) Kingston, NY, fireworks, Rondout Creek:
    (i) Location. All waters of Rondout Creek between the Kingston-Port 
Ewen Bridge (mile 1.1) and the Kingston-US 9 Bridge (mile 1.3).
    (ii) Effective period. Paragraph (a)(4)(i) of this section is in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the Saturday 
and Sunday before July 4th.
    (5) Staten Island July 3rd fireworks, Arthur Kill:
    (i) Location. All waters of the Arthur Kill, Ward Point Bend (West), 
and the Raritan River Cutoff, within a 300-yard radius of the fireworks 
barge in approximate position 40[deg]30[min]18[sec] N 
074[deg]15[min]30[sec] W (NAD 1983), about 300 yards west of Conference 
House Park, Staten Island.
    (ii) Effective period. Paragraph (a)(5)(i) of this section is in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on July 3rd. If 
the event is cancelled due to inclement weather, then paragraph 
(a)(5)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m. 
(e.s.t.) on July 4th and July 5th.
    (6) Red Bank, NJ, July 3rd fireworks, Navesink River:
    (i) Location. All waters of the Navesink River within a 360-yard 
radius of the fireworks barge in approximate position 
40[deg]21[min]20[sec] N 074[deg]04[min]10[sec] W (NAD 1983), about 360 
yards northwest of Red Bank, NJ.
    (ii) Effective period. Paragraph (a)(6)(i) of this section is in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on July 3rd. If 
the event is cancelled due to inclement weather, then paragraph 
(a)(6)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m. 
(e.s.t.) on July 4th.
    (7) Burlington, VT, July 3rd fireworks, Burlington Bay:

[[Page 660]]

    (i) Location. All waters of Burlington Bay within a 300-yard radius 
of the fireworks barge in approximate position 44[deg]28[min]30.6[sec] N 
073[deg]13[min]31.3[sec] W (NAD 1983), beside the Burlington Bay 
Breakwater.
    (ii) Effective period. Paragraph (a)(7)(i) of this section is in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on July 3rd. If 
the event is cancelled due to inclement weather, then paragraph 
(a)(7)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m. 
(e.s.t.) on the following two Fridays and Saturdays.
    (8) Rensselaer, NY, fireworks, Hudson River:
    (i) Location. All waters of the Hudson River within a 180-yard 
radius of the fireworks barge in approximate position 
42[deg]38[min]23[sec] N 073[deg]44[min]59.1[sec] W (NAD 1983), about 480 
yards south of the Dunn Memorial Bridge (mile 145.4).
    (ii) Effective period. Paragraph (a)(8)(i) of this section is in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the first and 
second Saturday in August. If the event is cancelled due to inclement 
weather, then paragraph (a)(8)(i) of this section is effective from 8 
p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the first and second Sunday in 
August.
    (9) Staten Island Labor Day fireworks, Arthur Kill:
    (i) Location. All waters of the Arthur Kill, Ward Point Bend (West), 
and the Raritan River Cutoff, within a 300-yard radius of the fireworks 
barge in approximate position 40[deg]30[min]18[sec] N 
074[deg]15[min]30[sec] W (NAD 1983), about 300 yards west of Conference 
House Park, Staten Island.
    (ii) Effective period. Paragraph (a)(9)(i) of this section is in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the Saturday 
before Labor Day. If the event is cancelled due to inclement weather, 
then paragraph (a)(9)(i) of this section is effective from 8 p.m. 
(e.s.t.) to 1 a.m. (e.s.t.) on the Sunday and Monday of Labor Day 
Weekend.
    (10) Seaport Labor Day fireworks, East River, NY:
    (i) Location. All waters of the East River south of the Brooklyn 
Bridge and north of a line drawn from the southwest corner of Pier 3, 
Brooklyn, to the northeast corner of Pier 6, Manhattan.
    (ii) Effective period. Paragraph (a)(10)(i) of this section is in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on Labor Day. If 
the event is cancelled due to inclement weather, then paragraph 
(a)(10)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m. 
(e.s.t.) on the day following Labor Day.
    (11) Deepavali Festival fireworks, East River, NY:
    (i) Location. All waters of the East River south of the Brooklyn 
Bridge and north of a line drawn from the southwest corner of Pier 3, 
Brooklyn, to the northeast corner of Pier 6, Manhattan.
    (ii) Effective period. Paragraph (a)(11)(i) of this section is in 
effect annually from 6 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the first 
Sunday in October. If the event is cancelled due to inclement weather, 
then paragraph (a)(11)(i) of this section is effective from 6 p.m. 
(e.s.t.) to 1 a.m. (e.s.t.) on the first Monday in October.
    (12) Seaport New Year's Eve fireworks, East River, NY:
    (i) Location. All waters of the East River south of the Brooklyn 
Bridge and north of a line drawn from the southwest corner of Pier 3, 
Brooklyn, to the northeast corner of Pier 6, Manhattan.
    (ii) Effective period. Paragraph (a)(12)(i) of this section is in 
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on New Year's 
Eve. If the event is cancelled due to inclement weather, then paragraph 
(a)(12)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m. 
(e.s.t.) on the day following New Year's Eve.
    (b) Regulations. (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. 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.

[CGD 01-00-227, 66 FR 6479, Jan. 22, 2001]

[[Page 661]]



Sec. 165.162  Safety Zone: New York Super Boat Race, Hudson River, 
New York.

    (a) Regulated Area. The following area is a safety zone: All waters 
of the Lower Hudson River south of a line drawn from the northwest 
corner of Pier 76 in Manhattan to a point on the New Jersey shore in 
Weehawken, New Jersey at approximate position 40[deg]45[min]52[sec] N 
074[deg]01[min]01[sec] W (NAD 1983) and north of a line connecting the 
following points (all coordinates are NAD 1983):

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
40[deg]42[min]16.0[sec] N            074[deg]01[min]09.0[sec] W, then
                                                   south to
40[deg]41[min]55.0[sec] N            074[deg]01[min]16.0[sec] W, then
                                                    west to
40[deg]41[min]47.0[sec] N            074[deg]01[min]36.0[sec] W, then
                                               northwest to
40[deg]41[min]55.0[sec] N            074[deg]01[min]59.0[sec] W, then to
                                                   shore at
40[deg]42[min]20.5[sec] N            074[deg]02[min]06.0[sec] W.
------------------------------------------------------------------------

    (b) Regulations. (1) Vessels not participating in this event, 
swimmers, and personal watercraft of any nature are prohibited from 
entering or moving within the regulated area unless authorized by the 
Patrol Commander.
    (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) Effective period. This section is in effect annually from 10 
a.m. until 4 p.m. on the Sunday following Labor Day.

[CGD01-98-175, 64 FR 31984, June 15, 1999]



Sec. 165.163  Safety Zones; Port of New York/New Jersey Fleet Week.

    (a) The following areas are established as safety zones:
    (1) Safety Zone A--(i) Location. A moving safety zone for the Parade 
of Ships including all waters 500 yards ahead and astern, and 200 yards 
of each side of the designated column of parade vessels as it transits 
the Port of New York and New Jersey from the Verrazano Narrows Bridge to 
Riverside State Park on the Hudson River between West 137th and West 
144th Streets, Manhattan.
    (ii) Enforcement period. Paragraph (a)(1)(i) of this section is 
enforced annually from 8 a.m. until 5 p.m. on the Wednesday before 
Memorial Day.
    (2) Safety Zone B--(i) Location. A safety zone including all waters 
of the Hudson River between Piers 83 and 90, Manhattan, from the parade 
column east to the Manhattan shoreline.
    (ii) Enforcement period. Paragraph (a)(2)(i) of this section is 
enforced annually from 8 a.m. until 5 p.m. on the Wednesday before 
Memorial Day.
    (3) Safety Zone C--
    (i) Location. A moving safety zone including all waters of the 
Hudson River within a 200-yard radius of each parade vessel upon its 
leaving the parade of ships until it is safely berthed.
    (ii) Enforcement period. Paragraph (a)(3)(i) of this section is 
enforced annually from 8 a.m. until 5 p.m. on the Wednesday before 
Memorial Day.
    (4) Safety Zone D--
    (i) Location. A safety zone including all waters of the Hudson River 
bound by the following points: from the southeast corner of Pier 90, 
Manhattan, where it intersects the seawall, west to approximate position 
40[deg]46[min]10[sec] N 074[deg]00[min]13[sec] W (NAD 1983), south to 
approximate position 40[deg]45[min]54[sec] N 074[deg]00[min]25[sec] W 
(NAD 1983), then east to the northeast corner of Pier 83 where it 
intersects the seawall.
    (ii) Enforcement period. Paragraph (a)(4)(i) of this section is 
enforced annually from 10 a.m. until 5 p.m., from Friday through Monday, 
Memorial Day weekend.
    (5) Safety Zone E--
    (i) Location. A moving safety zone including all waters 500 yards 
ahead and astern, and 200 yards on each side of the departing U.S. Navy 
Aircraft or Helicopter Carrier as it transits the Port of New York and 
New Jersey from its mooring at the Intrepid Sea, Air and Space Museum, 
Manhattan, to the COLREGS Demarcation line at Ambrose Channel Entrance 
Lighted Bell Buoy 2 (LLNR 34805).
    (ii) Enforcement period. Paragraph (a)(5)(i) of this section is 
enforced annually on the Wednesday following Memorial Day. Departure 
time is dependent on tide, weather, and granting of

[[Page 662]]

authority for departure by the Captain of the Port, New York.
    (b) Effective period. This section is effective annually from 8 a.m. 
on the Wednesday before Memorial Day until 4 p.m. on the Wednesday 
following Memorial Day.
    (c) Regulations. (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. 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.

[CGD1-98-170, 64 FR 24946, May 10, 1999]



Sec. 165.164  Security Zones: Dignitary Arrival/Departure and United 
Nations Meetings, New York, NY.

    (a) The following areas are established as security zones:
    (1) Location. Wall Street heliport: All waters of the East River 
within the following boundaries: East of a line drawn between 
approximate position 40[deg]42[min]01[sec] N 074[deg]00[min]39[sec] W 
(east of The Battery) to 40[deg]41[min]36[sec] N 074[deg]00[min]52[sec] 
W (NAD 1983) (point north of Governors Island) and north of a line drawn 
from the point north of Governors Island to the southwest corner of Pier 
7 North, Brooklyn; and south of a line drawn between the northeast 
corner of Pier 13, Manhattan, and the northwest corner of Pier 2 North, 
Brooklyn.
    (2) [Reserved]
    (3) Location. Marine Air Terminal, La Guardia Airport: All waters of 
Bowery Bay, Queens, New York, south of a line drawn from the western end 
of La Guardia Airport at approximate position 40[deg]46[min]47[sec] N 
073[deg]53[min]05[sec] W (NAD 1983) to the Rikers Island Bridge at 
approximate position 40[deg]46[min]51[sec] N 073[deg]53[min]21[sec] W 
(NAD 1983) and east of a line drawn between the point at the Rikers 
Island Bridge to a point on the shore in Queens, New York, at 
approximate position 40[deg]46[min]36[sec] N 073[deg]53[min]31[sec] W 
(NAD 1983).
    (4) Location. All waters of the East River bound by the following 
points: 40[deg]44[min]37[sec] N, 073[deg]58[min]16.5[sec] W (the base of 
East 35th Street, Manhattan), then east to 40[deg]44[min]34.5[sec] N, 
073[deg]58[min]10.5[sec] W (about 175 yards offshore of Manhattan), then 
northeasterly to 40[deg]45[min]29[sec] N, 073[deg]57[min]26.5[sec] W 
(about 125 yards offshore of Manhattan at the Queensboro Bridge), then 
northwesterly to 40[deg]45[min]31[sec] N, 073[deg]57[min]30.5[sec] W 
(Manhattan shoreline at the Queensboro Bridge), then southerly to the 
starting point at 40[deg]44[min]37[sec] N, 073[deg]58[min]16.5[sec] W. 
All nautical positions are based on North American Datum of 1983.
    (5) Location. All waters of the East River north of a line drawn 
from approximate position 40[deg]44[min]37[sec] N, 
073[deg]58[min]16.5[sec] W (the base of East 35th Street, Manhattan), to 
approximate position 40[deg]44[min]23[sec] N, 073[deg]57[min]44.5[sec] W 
(Hunters Point, Long Island City), and south of the Queensboro Bridge. 
All nautical positions are based on North American Datum of 1983.
    (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) Regulations. (1) The general regulations contained in 33 CFR 
165.33 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. 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.

[CGD01-98-006, 64 FR 24948, May 10, 1999, as amended by CGD01-00-146, 65 
FR 47320, Aug. 2, 2000]



Sec. 165.165  Regulated Navigation Area; Kill Van Kull Channel, Newark 

Bay Channel, South Elizabeth Channel, Elizabeth Channel, Port Newark 
Channel and New 
          Jersey Pierhead Channel, New York and New Jersey.

    (a) Regulated Navigation Area (RNA). All waters of the Kill Van Kull 
(KVK) Channel east of KVK Light 16A (LLNR

[[Page 663]]

37340) in North of Shooters Island Reach, east of Shooters Island Light 
2 (LLNR 37375) in South of Shooters Island Reach, and west of KVK 
Channel Junction Lighted Bell Buoy `KV' (LLNR 37265) in Constable Hook 
Reach; all waters of Newark Bay Channel south of Newark Bay Light 19 
(LLNR 37505); all waters of South Elizabeth Channel, Elizabeth Channel, 
Port Newark Channel, and New Jersey Pierhead Channel south of New Jersey 
Pierhead South Channel Lighted Buoy 5 (LLNR 37020).
    (b) Description of Work Areas in the RNA. (1) Work Area (1): The 
waters bounded by a line connecting the following points:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
40[deg]38[min]40.0[sec] N            074[deg]03[min]45.0[sec] W
40[deg]38[min]50.4[sec] N            074[deg]04[min]16.0[sec] W
40[deg]38[min]57.9[sec] N            074[deg]04[min]11.8[sec] W
40[deg]39[min]03.8[sec] N            074[deg]04[min]43.8[sec] W
40[deg]39[min]04.5[sec] N            074[deg]05[min]07.6[sec] W
40[deg]39[min]01.8[sec] N            074[deg]05[min]14.8[sec] W
40[deg]39[min]05.0[sec] N            074[deg]05[min]17.1[sec] W
40[deg]39[min]10.3[sec] N            074[deg]05[min]05.0[sec] W
40[deg]39[min]09.3[sec] N            074[deg]04[min]27.8[sec] W
40[deg]39[min]00.2[sec] N            074[deg]03[min]45.1[sec] W
40[deg]38[min]58.0[sec] N            074[deg]03[min]34.9[sec] W
40[deg]38[min]40.0[sec] N            074[deg]03[min]45.0[sec] W
------------------------------------------------------------------------

    (2) Work Area (2): The waters bounded by a line connecting the 
following points:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
40[deg]38[min]50.4[sec] N            074[deg]04[min]16.0[sec] W
40[deg]38[min]57.5[sec] N            074[deg]04[min]37.8[sec] W
40[deg]38[min]59.2[sec] N            074[deg]04[min]55.4[sec] W
40[deg]38[min]57.4[sec] N            074[deg]05[min]12.9[sec] W
40[deg]38[min]47.5[sec] N            074[deg]05[min]33.8[sec] W
40[deg]38[min]45.8[sec] N            074[deg]05[min]43.6[sec] W
40[deg]38[min]49.4[sec] N            074[deg]05[min]44.7[sec] W
40[deg]38[min]51.0[sec] N            074[deg]05[min]35.7[sec] W
40[deg]39[min]04.7[sec] N            074[deg]05[min]06.6[sec] W
40[deg]39[min]03.7[sec] N            074[deg]04[min]29.5[sec] W
40[deg]38[min]57.9[sec] N            074[deg]04[min]11.8[sec] W
40[deg]38[min]50.4[sec] N            074[deg]04[min]16.0[sec] W
------------------------------------------------------------------------

    (3) Work Area (3): The waters bounded by a line connecting the 
following points:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
40[deg]38[min]45.8[sec] N            074[deg]05[min]43.6[sec] W
40[deg]38[min]49.4[sec] N            074[deg]05[min]44.7[sec] W
40[deg]38[min]51.2[sec] N            074[deg]05[min]35[sec] W
40[deg]39[min]01.8[sec] N            074[deg]05[min]14.8[sec] W
40[deg]39[min]05.0[sec] N            074[deg]05[min]17.1[sec] W
40[deg]38[min]57.5[sec] N            074[deg]05[min]32.3[sec] W
40[deg]38[min]53.8[sec] N            074[deg]05[min]44.1[sec] W
40[deg]38[min]53.1[sec] N            074[deg]05[min]56.8[sec] W
40[deg]38[min]55.3[sec] N            074[deg]06[min]38.1[sec] W
40[deg]38[min]41.5[sec] N            074[deg]07[min]18.3[sec] W
40[deg]38[min]38.2[sec] N            074[deg]07[min]41.4[sec] W
40[deg]38[min]38.5[sec] N            074[deg]07[min]46.0[sec] W
40[deg]38[min]35.2[sec] N            074[deg]07[min]49.0[sec] W
40[deg]38[min]31.2[sec] N            074[deg]07[min]50.0[sec] W
40[deg]38[min]30.1[sec] N            074[deg]07[min]41.3[sec] W
40[deg]38[min]33.9[sec] N            074[deg]07[min]15.1[sec] W
40[deg]38[min]44.0[sec] N            074[deg]06[min]45.7[sec] W
40[deg]38[min]46.7[sec] N            074[deg]06[min]25.9[sec] W
40[deg]38[min]44.8[sec] N            074[deg]05[min]49.6[sec] W
40[deg]38[min]45.8[sec] N            074[deg]05[min]43.6W[sec]
------------------------------------------------------------------------

    (4) Work Area (4): The waters bounded by a line connecting the 
following points:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
40[deg]38[min]31.2[sec] N            074[deg]07[min]50.0[sec] W
40[deg]38[min]35.2[sec] N            074[deg]07[min]49.0[sec] W
40[deg]38[min]36.6[sec] N            074[deg]08[min]01.2[sec] W
40[deg]38[min]28.2[sec] N            074[deg]08[min]51.0[sec] W
40[deg]38[min]35.2[sec] N            074[deg]09[min]06.2[sec] W
40[deg]38[min]30.0[sec] N            074[deg]09[min]12.0[sec] W
40[deg]38[min]24.8[sec] N            074[deg]09[min]02.6[sec] W
40[deg]38[min]24.0[sec] N            074[deg]08[min]52.0[sec] W
40[deg]38[min]31.5[sec] N            074[deg]08[min]07.4[sec] W
40[deg]38[min]31.8[sec] N            074[deg]07[min]54.6[sec] W
40[deg]38[min]31.2[sec] N            074[deg]07[min]50.0[sec] W
------------------------------------------------------------------------

    (5) Work Area (5): The waters bounded by a line connecting the 
following points:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
40[deg]38[min]35.2[sec] N            074[deg]07[min]49.0[sec] W
40[deg]38[min]38.5[sec] N            074[deg]07[min]46.0[sec] W
40[deg]38[min]40.7[sec] N            074[deg]08[min]01.3[sec] W
40[deg]38[min]34.0[sec] N            074[deg]08[min]41.0[sec] W
40[deg]38[min]40.0[sec] N            074[deg]08[min]52.0[sec] W
40[deg]38[min]50.0[sec] N            074[deg]08[min]55.0[sec] W
40[deg]38[min]35.2[sec] N            074[deg]09[min]06.2[sec] W
40[deg]38[min]28.2[sec] N            074[deg]08[min]51.0[sec] W
40[deg]38[min]36.6[sec] N            074[deg]08[min]01.2[sec] W
40[deg]38[min]35.2[sec] N            074[deg]07[min]49.0[sec] W
------------------------------------------------------------------------

    (6) Work Area (6): The waters bounded by a line connecting the 
following points:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
40[deg]39[min]17.0[sec] N            074[deg]08[min]38.0[sec] W
40[deg]40[min]21.0[sec] N            074[deg]08[min]00.0[sec] W
40[deg]40[min]34.3[sec] N            074[deg]07[min]54.0[sec] W
40[deg]40[min]35.9[sec] N            074[deg]08[min]03.9[sec] W
40[deg]40[min]33.2[sec] N            074[deg]08[min]12.0[sec] W
40[deg]40[min]26.6[sec] N            074[deg]08[min]17.9[sec] W
40[deg]39[min]34.3[sec] N            074[deg]08[min]55.8[sec] W
40[deg]39[min]30.8[sec] N            074[deg]08[min]58.2[sec] W
40[deg]39[min]21.6[sec] N            074[deg]08[min]50.2[sec] W
40[deg]39[min]17.0[sec] N            074[deg]08[min]38.0[sec] W
------------------------------------------------------------------------

    (7) Work Area (7): The waters bounded by a line connecting the 
following points:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
40[deg]40[min]26.7[sec] N            074[deg]08[min]17.9[sec] W

[[Page 664]]

 
40[deg]41[min]14.4[sec] N            074[deg]09[min]35.0[sec] W
40[deg]41[min]18.9[sec] N            074[deg]09[min]31.9[sec] W
40[deg]40[min]46.1[sec] N            074[deg]08[min]38.9[sec] W
40[deg]40[min]44.5[sec] N            074[deg]08[min]30.2[sec] W
40[deg]40[min]33.2[sec] N            074[deg]08[min]12.0[sec] W
40[deg]40[min]26.7[sec] N            074[deg]08[min]17.9[sec] W
------------------------------------------------------------------------

    (8) Work Area (8): The waters bounded by a line connecting the 
following points:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
40[deg]39[min]30.8[sec] N            074[deg]08[min]58.2[sec] W
40[deg]39[min]40.6[sec] N            074[deg]09[min]22.5[sec] W
40[deg]39[min]43.5[sec] N            074[deg]09[min]25.8[sec] W
40[deg]39[min]44.8[sec] N            074[deg]09[min]24.9[sec] W
40[deg]39[min]32.8[sec] N            074[deg]08[min]55.2[sec] W
40[deg]39[min]30.8[sec] N            074[deg]08[min]58.2[sec] W
                                   AND
40[deg]39[min]21.6[sec] N            074[deg]08[min]50.2[sec] W
40[deg]39[min]17.0[sec] N            074[deg]03[min]38.0[sec] W
40[deg]38[min]50.0[sec] N            074[deg]08[min]55.0[sec] W
40[deg]38[min]30.0[sec] N            074[deg]09[min]12.0[sec] W
40[deg]38[min]33.3[sec] N            074[deg]09[min]19.5[sec] W
40[deg]38[min]46.8[sec] N            074[deg]09[min]22.8[sec] W
40[deg]39[min]07.7[sec] N            074[deg]08[min]58.8[sec] W
40[deg]39[min]21.6[sec] N            074[deg]08[min]50.2[sec] W
------------------------------------------------------------------------

    (9) Work Area (9): The waters bounded by a line connecting the 
following points:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
40[deg]40[min]34.3[sec] N            074[deg]07[min]54.0[sec] W
40[deg]41[min]08.5[sec] N            074[deg]07[min]38.5[sec] W
40[deg]41[min]11.6[sec] N            074[deg]07[min]50.8[sec] W
40[deg]41[min]17.6[sec] N            074[deg]07[min]56.4[sec] W
40[deg]41[min]20.0[sec] N            074[deg]08[min]00.3[sec] W
40[deg]41[min]42.3[sec] N            074[deg]08[min]21.2[sec] W
40[deg]41[min]59.4[sec] N            074[deg]09[min]11.0[sec] W
40[deg]41[min]55.8[sec] N            074[deg]09[min]13.1[sec] W
40[deg]41[min]39.1[sec] N            074[deg]08[min]24.6[sec] W
40[deg]41[min]21.0[sec] N            074[deg]08[min]07.6[sec] W
40[deg]40[min]46.1[sec] N            074[deg]08[min]38.9[sec] W
40[deg]40[min]44.5[sec] N            074[deg]08[min]30.2[sec] W
40[deg]40[min]50.4[sec] N            074[deg]08[min]30.3[sec] W
40[deg]41[min]13.4[sec] N            074[deg]08[min]09.7[sec] W
40[deg]41[min]13.7[sec] N            074[deg]08[min]05.6[sec] W
40[deg]41[min]03.2[sec] N            074[deg]07[min]55.7[sec] W
40[deg]40[min]54.4[sec] N            074[deg]07[min]55.7[sec] W
40[deg]40[min]35.9[sec] N            074[deg]08[min]03.9[sec] W
40[deg]40[min]34.3[sec] N            074[deg]07[min]54.0[sec] W
------------------------------------------------------------------------

    (c) Projected dates for each work area. Dredging is scheduled to 
commence in Work Area (2) on April 19, 1999. As contracts are let for 
dredging of each of the remaining work areas, commencement dates will be 
made available via the Local Notice to Mariners, marine information 
broadcasts, facsimile, and at New York Harbor Operations Committee 
meetings.
    (d) Regulations. (1) No vessel shall enter or transit any work area 
where drill barges and/or dredges are located without permission of 
Vessel Traffic Service New York (VTSNY).
    (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.

[USCG-1998-4443, 64 FR 18579, Apr. 15, 1999; CGD01-98-165, 64 FR 34313, 
June 25, 1999]



Sec. 165.166  Safety Zone: Macy's July 4th Fireworks, East River, NY.

    (a) Regulated area. The following area is a safety zone: All waters 
of the Upper New York Bay south of a line drawn from Pier A (Fireboat 
Station

[[Page 665]]

Pier), Battery Park City, in approximate position 
40[deg]42[min]15.4[sec] N 074[deg]01[min]06.8[sec] W (NAD 1983) to the 
easternmost corner of the Ellis Island Security Zone, in approximate 
position 40[deg]41[min]57.6[sec] N 074[deg]02[min]06.7[sec] W (NAD 
1983); north of a line drawn from Pier 7, Jersey City, NJ, in 
approximate position 40[deg]41[min]26.4[sec] N 074[deg]03[min]17.3[sec] 
W (NAD 1983) to Liberty Island Lighted Gong Buoy 29 (LLNR 34995), in 
approximate position 40[deg]41[min]02.2[sec] N 074[deg]02[min]24.7[sec] 
W (NAD 1983), on to Governor's Island Extension Light (LLNR 35000), in 
approximate position 40[deg]41[min]08.3[sec] N 074[deg]01[min]35.4[sec] 
W (NAD 1983); all waters of the East River north of a line drawn from 
Governors Island, in approximate position 40[deg]41[min]25.3[sec] N 
074[deg]00[min]42.5[sec] W (NAD 1983) to the southwest corner of Pier 
9A, Brooklyn; south of a line drawn from East 47th Street, Manhattan 
through the southern point of Roosevelt Island to 46 Road, Queens; and 
all waters of Newtown Creek west of the Pulaski Bascule Bridge.
    (b) Activation period. This section is activated annually from 6:30 
p.m. until 11:30 p.m. on July 4th. If the event is cancelled due to 
inclement weather then this section is in effect from 6:30 p.m. until 
11:30 p.m. on July 5th.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (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[deg]42[min]45.5[sec] N 073[deg]58[min]07.4[sec] W; thence to 
40[deg]42[min]50.4[sec] N 073[deg]58[min]23.2[sec] W; thence to 
40[deg]43[min]23.1[sec] N 073[deg]58[min]12.7[sec] W; thence to 
40[deg]43[min]21.5[sec] N 073[deg]57[min]45.7[sec] 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.

[CGD01-00-242, 66 FR 20405, Apr. 23, 2001, as amended by CGD01-05-017, 
70 FR 35536, June 21, 2005]



Sec. 165.167  Safety Zone: East River Western Channel, Manhattan, NY.

    (a) Location. The waters of the East River enclosed by the following 
boundaries are established as a safety zone: beginning on the Manhattan 
riverbank at a point 40[deg]45[min]35.7[sec] N, 073[deg]57[min]25.2[sec] 
W (Point A), thence southeasterly to a point 40[deg]45[min]34.8[sec] N, 
073[deg]57[min]23.2[sec] W (Point B), thence southwesterly along the 
western boundary of the federal navigable channel to a point 
40[deg]45[min]09.5[sec] N, 073[deg]57[min]46.3[sec] W (Point C), then 
northwesterly to the Manhattan riverbank at a point 
40[deg]45[min]10.5[sec] N, 073[deg]57[min]48.9[sec] W (Point D), thence 
northeasterly along the riverbank to the place of beginning (Point A). 
All coordinates are North American Datum 1983.
    (b) Regulations. The general regulations contained in Sec. 165.23 
of this part apply.

[CGD01-02-090, 67 FR 56489, Sept. 4, 2002]



Sec. 165.168  Safety Zones; Coast Guard Activities New York Fireworks 
Displays.

    (a) New York Harbor. The following areas are safety zones:
    (1) Liberty Island Safety Zone: All waters of Upper New York Bay 
within a 360-yard radius of the fireworks barge in approximate position 
40[deg]41[min]16.5[sec] N 074[deg]02[min]23[sec] W (NAD 1983), located 
in Federal Anchorage 20-C, about 360 yards east of Liberty Island.
    (2) Ellis Island Safety Zone: All waters of Upper New York Bay 
within a 360-yard radius of the fireworks barge located between Federal 
Anchorages 20-A and 20-B, in approximate position 40[deg]41[min]45[sec] 
N 074[deg]02[min]09[sec] W (NAD 1983), about 365 yards east of Ellis 
Island.
    (3) South Beach, Staten Island Safety Zone: All waters of Lower New 
York Bay within a 360-yard radius of the

[[Page 666]]

fireworks barge in approximate position 40[deg]35[min]11[sec] N 
074[deg]03[min]42[sec] W (NAD 1983), about 350 yards east of South 
Beach, Staten Island.
    (4) Raritan Bay Safety Zone: All waters of Raritan Bay in the 
vicinity of the Raritan River Cutoff and Ward Point Bend (West) within a 
240-yard radius of the fireworks barge in approximate position 
40[deg]30[min]04[sec] N 074[deg]15[min]35[sec] W (NAD 1983), about 240 
yards east of Raritan River Cutoff Channel Buoy 2 (LLNR 36595).
    (5) Coney Island Safety Zone: All waters of Lower New York Bay 
within a 250-yard radius of the fireworks land shoot located on the 
south end of Steeplechase Pier, Coney Island, in approximate position 
40[deg]34[min]11[sec] N 073[deg]59[min]00[sec] W (NAD 1983).
    (6) Arthur Kill, Elizabeth, New Jersey Safety Zone: All waters of 
the Arthur Kill within a 150-yard radius of the fireworks land shoot 
located in Elizabeth, New Jersey, in approximate position 
40[deg]38[min]50[sec] N 074[deg]10[min]58[sec] W (NAD 1983), about 675 
yards west of Arthur Kill Channel Buoy 20 (LLNR 36780).
    (7) South Ellis Island Safety Zone: All waters of Upper New York Bay 
within a 240-yard radius of the fireworks barge in approximate position 
40[deg]41[min]39.9[min] N 074[deg]02[min]33.7[min] W (NAD 1983), about 
260 yards south of Ellis Island.
    (8) Rockaway Beach Safety Zone: All waters of the Atlantic Ocean 
within a 360 yard radius of the fireworks barge in approximate position 
40[deg]34[min]28.2[min] N 073[deg]50[min]00.0[min] W (NAD 1983), off 
Beach 116th Street.
    (9) Rockaway Inlet Safety Zone: All waters of Rockaway Inlet within 
a 360 yard radius of the fireworks barge in approximate position 
40[deg]34[min]19.1[min] N 073[deg]54[min]43.5[min] W (NAD 1983), about 
1,200 yards south of Point Breeze.
    (10) Pierhead Channel, NJ Safety Zone: All waters of Pierhead 
Channel and the Kill Van Kull within a 360-yard radius of the fireworks 
barge in approximate position 40[deg]39[min]18.8[sec] N 
074[deg]04[min]39.1[sec] W (NAD 1983), approximately 315 yards north of 
the Kill Van Kull Channel.
    (11) Midland Beach, Staten Island Safety Zone: All waters of Lower 
New York Bay within a 500-yard radius of the fireworks barge in 
approximate position 40[deg]34[min]12.0[sec] N 074[deg]04[min]29.6[sec] 
W (NAD 1983), approximately 800 yards southeast of Midland Beach.
    (12) Wolfes Pond Park, Staten Island Safety Zone: All waters of 
Raritan Bay within a 500-yard radius of the fireworks barge in 
approximate position 40[deg]30[min]52.1[sec] N 074[deg]10[min]58.8[sec] 
W (NAD 1983), approximately 540 yards east of Wolfes Pond Park.
    (b) Western Long Island Sound. The following areas are safety zones:
    (1) Peningo Neck, Western Long Island Sound Safety Zone: All waters 
of western Long Island Sound within a 300-yard radius of the fireworks 
barge in approximate position 40[deg]56[min]21[sec] N 
073[deg]41[min]23[sec] W (NAD 1983), about 525 yards east of Milton 
Point, Peningo Neck, New York.
    (2) Satans Toe, Western Long Island Sound Safety Zone: All waters of 
western Long Island Sound within a 360-yard radius of the fireworks 
barge in approximate position 40[deg]55[min]21[sec] N 
073[deg]43[min]41[sec] W (NAD 1983), about 635 yards northeast of 
Larchmont Harbor (East Entrance) Light 2 (LLNR 25720).
    (3) Larchmont, Western Long Island Sound Safety Zone: All waters of 
western Long Island Sound within a 240-yard radius of the fireworks 
barge in approximate position 40[deg]54[min]45[sec] N 
073[deg]44[min]55[sec] W (NAD 1983), about 450 yards southwest of the 
entrance to Horseshoe Harbor.
    (4) Manursing Island, Western Long Island Sound Safety Zone: All 
waters of western Long Island Sound within a 360-yard radius of the 
fireworks barge in approximate position 40[deg]57[min]47[sec] N 
073[deg]40[min]06[sec] W (NAD 1983), about 380 yards north of Rye Beach 
Transport Rock Buoy 2 (LLNR 25570).
    (5) Glen Island, Western Long Island Sound Safety Zone: All waters 
of western Long Island Sound within a 240-yard radius of the fireworks 
barge in approximate position 40[deg]53[min]12[sec] N 
073[deg]46[min]33[sec] W (NAD 1983), about 350 yards east of the 
northeast corner of Glen Island, New York.
    (6) Twin Island, Western Long Island Sound Safety Zone: All waters 
of western Long Island Sound within a 200-yard radius of the fireworks 
land shoot in approximate position 40[deg]52[min]10[sec] N 
073[deg]47[min]07[sec] W (NAD 1983), at the east end of Orchard Beach, 
New York.

[[Page 667]]

    (7) Davenport Neck, Western Long Island Sound Safety Zone: All 
waters of western Long Island Sound within a 360-yard radius of the 
fireworks barge in Federal Anchorage No. 1-A, in approximate position 
40[deg]53[min]46[sec] N 073[deg]46[min]04[sec] W (NAD 1983), about 360 
yards northwest of Emerald Rock Buoy (LLNR 25810).
    (8) Glen Cove, Hempstead Harbor Safety Zone: All waters of Hempstead 
Harbor within a 360-yard radius of the fireworks barge in approximate 
position 40[deg]51[min]58[sec] N 073[deg]39[min]34[sec] W (NAD 1983), 
about 500 yards northeast of Glen Cove Breakwater Light 5 (LLNR 27065).
    (9) Bar Beach, Hempstead Harbor Safety Zone: All waters of Hempstead 
Harbor within a 180-yard radius of the fireworks barge in approximate 
position 40[deg]49[min]50[sec] N 073[deg]39[min]12[sec] W (NAD 1983), 
about 190 yards north of Bar Beach, Hempstead Harbor, New York.
    (10) Larchmont Harbor, Western Long Island Sound Safety Zone: All 
waters of western Long Island Sound within a 240-yard radius of the 
fireworks barge in approximate position 40[deg]55[min]21.8[sec] N 
073[deg]44[min]21.7[sec] W (NAD 1983), about 540 yards north of Umbrella 
Rock.
    (11) Orchard Beach, The Bronx, Safety Zone: All waters of Long 
Island Sound in an area bound by the following points: 
40[deg]51[min]43.5[sec] N 073[deg]47[min]36.3[sec] W; thence to 
40[deg]52[min]12.2[sec] N 073[deg]47[min]13.6[sec] W; thence to 
40[deg]52[min]02.5[sec] N 073[deg]46[min]47.8[sec] W; thence to 
40[deg]51[min]32.3[sec] N 073[deg]47[min]09.9[sec] W (NAD 1983), thence 
to the point of origin.
    (c) East River. The following areas are safety zones:
    (1) Pier 14, East River Safety Zone: All waters of the East River 
within a 180-yard radius of the fireworks barge in approximate position 
40[deg]42[min]07.5[sec] N 074[deg]00[min]06[sec] W (NAD 1983), about 250 
yards southeast of Pier 14, Manhattan, New York.
    (2) Wards Island, East River Safety Zone: All waters of the East 
River within a 150-yard radius of the fireworks land shoot in 
approximate position 40[deg]46[min]55.5[sec] N 073[deg]55[min]33[sec] W 
(NAD 1983), about 200 yards northeast of the Triborough Bridge.
    (3) Pier 16, East River Safety Zone: All waters of the East River 
within a 180-yard radius of the fireworks barge in approximate position 
40[deg]42[min]12.5[sec] N 074[deg]00[min]02.0[sec] W (NAD 1983), about 
200 yards east of Pier 16.
    (4) Newtown Creek, East River Safety Zone: All waters of the East 
River within a 360-yard radius of the fireworks barge in approximate 
position 40[deg]44[min]24.0[min] N 073[deg]58[min]00.0[sec] W (NAD 
1983), about 785 yards south of Belmont Island.
    (d) Hudson River. The following areas are safety zones:
    (1) Pier 60, Hudson River Safety Zone: All waters of the Hudson 
River within a 360-yard radius of the fireworks barge in approximate 
position 40[deg]44[min]49[sec] N 074[deg]01[min]02[sec] W (NAD 1983), 
about 500 yards west of Pier 60, Manhattan, New York.
    (2) The Battery, Hudson River Safety Zone: All waters of the Hudson 
River and Anchorage Channel within a 360-yard radius of the fireworks 
barge in approximate position 40[deg]42[min]00[sec] N 
074[deg]01[min]17[sec] W (NAD 1983), about 500 yards south of The 
Battery, Manhattan, New York.
    (3) Battery Park City, Hudson River Safety Zone: All waters of the 
Hudson River within a 360-yard radius of the fireworks barge in 
approximate position 40[deg]42[min]39[sec] N 074[deg]01[min]21[sec] W 
(NAD 1983), about 480 yards southwest of North Cove Yacht Harbor, 
Manhattan, New York.
    (4) Pier 90, Hudson River Safety Zone: All waters of the Hudson 
River within a 360-yard radius of the fireworks barge in approximate 
position 40[deg]46[min]11.8[min] N 074[deg]00[min]14.8[sec] W (NAD 
1983), about 375 yards west of Pier 90, Manhattan.
    (5) Yonkers, New York, Hudson River Safety Zone: All waters of the 
Hudson River within a 360-yard radius of the fireworks barge in 
approximate position 40[deg]56[min]14.5[sec] N 073[deg]54[min]33[sec] W 
(NAD 1983), about 475 yards northwest of the Yonkers Municipal Pier, New 
York.
    (6) Hastings-on-Hudson, New York, Hudson River Safety Zone: All 
waters of the Hudson River within a 360-yard radius of the fireworks 
barge in approximate position 40[deg]59[min]44.5[sec] N 
073[deg]53[min]28[sec] W (NAD 1983), about 425 yards west of Hastings-
on-Hudson, New York.
    (7) Pier D, Hudson River Safety Zone: All waters of the Hudson River 
within a 360-yard radius of the fireworks barge in approximate position 
40[deg]42[min]57.5[sec] N 074[deg]01[min]34[sec] W (NAD 1983), about 375 
yards

[[Page 668]]

southeast of Pier D, Jersey City, New Jersey.
    (8) Pier 54, Hudson River Safety Zone: All waters of the Hudson 
River within a 360-yard radius of the fireworks barge in approximate 
position 40[deg]44[min]31[sec] N 074[deg]01[min]00[sec] W (NAD 1983), 
about 380 yards west of Pier 54, Manhattan.
    (9) Pier 84, Hudson River Safety Zone: All waters of the Hudson 
River within a 360-yard radius of the fireworks barge in approximate 
position 40[deg]45[min]56.9[sec] N 074[deg]00[min]25.4[sec] W (NAD 
1983), about 380 yards west of Pier 84, Manhattan.
    (10) Peekskill Bay, Hudson River Safety Zone: All waters of 
Peekskill Bay within a 360-yard radius of the fireworks barge in 
approximate position 41[deg]17[min]16[sec] N 073[deg]56[min]18[sec] W 
(NAD 1983), about 670 yards north of Travis Point.
    (11) Jersey City, Hudson River Safety Zone: All waters of the Hudson 
River within a 360-yard radius of the fireworks barge in approximate 
position 40[deg]42[min]37.3[sec] N 074[deg]01[min]41.6[sec] W (NAD 
1983), about 420 yards east of Morris Canal Little Basin.
    (12) Newburgh, NY, Safety Zone: All waters of the Hudson River 
within a 360-yard radius of the fireworks barge in approximate position 
41[deg]30[min]01.2[sec] N 073[deg]59[min]42.5[sec] W (NAD 1983), 
approximately 930 yards east of Newburgh, NY.
    (e) Notification. Coast Guard Activities New York will cause notice 
of the activation of these safety zones to be made by all appropriate 
means to effect the widest publicity among the affected segments of the 
public, including publication in the local notice to mariners, marine 
information broadcasts, and facsimile. Fireworks barges used in these 
locations will also have a sign on their port and starboard side labeled 
``FIREWORKS--STAY AWAY''. This sign will consist of 10 high 
by 1.5 wide red lettering on a white background. Shore sites 
used in these locations will display a sign labeled ``FIREWORKS--STAY 
AWAY'' with the same dimensions.
    (f) Enforcement Period. This section will be enforced from 6 p.m. 
(e.s.t.) to 1 a.m. (e.s.t.) each day a barge with a ``FIREWORKS--STAY 
AWAY'' sign on the port and starboard side is on-scene or a 
``FIREWORKS--STAY AWAY'' sign is posted in a location listed in 
paragraphs (a) through (d) of this section. Vessels may enter, remain 
in, or transit through these safety zones during this time frame if 
authorized by the Captain of the Port New York or designated Coast Guard 
patrol personnel on scene.
    (g) Regulations. (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. 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.

[CDG01-00-004, 65 FR 43239, July 13, 2000, as amended by CGDO1-00-221, 
66 FR 16000, Mar. 22, 2001; CGD01-03-102, 69 FR 41199, July 8, 2004]



Sec. 165.169  Safety and Security Zones: New York Marine Inspection 
Zone and Captain of the Port Zone.

    (a) Safety and security zones. The following waters within the New 
York Marine Inspection Zone and Captain of the Port Zone are safety and 
security zones:
    (1) Indian Point Nuclear Power Station (IPNPS). All waters of the 
Hudson River within a 300-yard radius of the IPNPS pier in approximate 
position 41[deg]16[min]12.4[sec] N, 073[deg]57[min]16.2[sec] W (NAD 83).
    (2) U.S. Coast Guard Cutters and Shore Facilities. All waters within 
100 yards of: Each moored, or anchored, Coast Guard Cutter; Coast Guard 
Station New York, Staten Island, NY; Coast Guard Station Sandy Hook, NJ; 
Coast Guard Station Kings Point, NY; and Coast Guard Aids to Navigation 
Team New York, Bayonne, NJ.
    (3) Commercial Waterfront Facilities. All waters within 25 yards of 
each commercial waterfront facility that is capable of accepting barge, 
ferry or other commercial vessels. For purposes of

[[Page 669]]

this section, ``commercial waterfront facility'' means all piers, 
wharves, docks and similar structures to which barge, ferry or other 
commercial vessels may be secured; areas of land or water under and in 
immediate proximity to them; buildings on such structures or contiguous 
to them; and equipment and materials on such structures and in such 
buildings.
    (i) When a barge, ferry or other commercial vessel is conducting 
transfer operations at a commercial waterfront facility, the 25-yard 
zone is measured from the outboard side of the commercial vessel.
    (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) Liberty and Ellis Islands. All waters within 150 yards of 
Liberty Island, Ellis Island, and the bridge between Liberty State Park 
and Ellis Island.
    (5) Bridge Piers and Abutments, Overhead Power Cable Towers, Piers 
and Tunnel Ventilators. All waters within 25 yards of any bridge pier or 
abutment, overhead power cable tower, pier or tunnel ventilators south 
of the Troy, NY Locks. 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 waterfront facility and do not stop or loiter within the zone.
    (6) New York City Passenger Ship Terminal, Hudson River, NY. (i) 
Location. All waters of the Hudson River bound by the following points: 
From the northeast corner of Pier 96 where it intersects the seawall, 
thence west to approximate position 40[deg]46[min]23.1[sec] N, 
073[deg]59[min]59.0[sec] W, thence south to approximate position 
40[deg]45[min]55.3[sec] N, 074[deg]00[min]20.2[sec] W (NAD 1983), thence 
east to the southeast corner of Pier 84 where it intersects the seawall, 
thence north along the shoreline to the point of origin.
    (ii) Enforcement period. This zone will be enforced whenever 
passenger vessels are pierside at Pier 88, 90 or 92 or whenever the 
passenger ship terminal or the adjacent Intrepid Sea, Air and Space 
Museum, Manhattan is being used as an Emergency Operations Center. The 
activation and termination of a particular zone will be announced in 
accordance with 33 CFR 165.7.
    (7) La Guardia Airport, Bowery and Flushing Bays, Queens, NY. (i) 
Location: 200-Yard Zone. All waters of Bowery and Flushing Bays within 
approximately 200 yards of La Guardia Airport bound by the following 
points: Onshore at Steinway, Queens, in approximate position 
40[deg]46[min]32.1[sec] N, 073[deg]53[min]22.4[sec] W, thence to 
40[deg]46[min]52.8[sec] N, 073[deg]53[min]09.3[sec] W, thence to 
40[deg]46[min]54.8[sec] N, 073[deg]52[min]54.2[sec] W, thence to 
40[deg]46[min]59.3[sec] N, 073[deg]52[min]51.3[sec] W, thence to 
40[deg]47[min]11.8[sec] N, 073[deg]53[min]17.3[sec] W, thence to 
40[deg]47[min]13.0[sec] N, 073[deg]53[min]16.1[sec] W on Rikers Island, 
thence easterly along the Rikers Island shoreline to approximate 
position 40[deg]47[min]12.9[sec] N, 073[deg]52[min]17.9[sec] W, thence 
to 40[deg]47[min]16.7[sec] N, 073[deg]52[min]09.2[sec] W, thence to 
40[deg]47[min]36.1[sec] N, 073[deg]51[min]52.5[sec] W, thence to 
40[deg]47[min]35.1[sec] N, 073[deg]51[min]50.5[sec] W, thence to 
40[deg]47[min]15.9[sec] N, 073[deg]52[min]06.4[sec] W, thence to 
40[deg]47[min]14.5[sec] N, 073[deg]52[min]03.1[sec] W, thence to 
40[deg]47[min]10.6[sec] N, 073[deg]52[min]06.7[sec] W, thence to 
40[deg]47[min]01.9[sec] N, 073[deg]52[min]02.4[sec] W, thence to 
40[deg]46[min]50.4[sec] N, 073[deg]52[min]08.1[sec] W, thence to 
40[deg]46[min]26.8[sec] N, 073[deg]51[min]18.5[sec] W, thence to 
40[deg]45[min]57.2[sec] N, 073[deg]51[min]01.8[sec] W, thence to 
40[deg]45[min]51.2[sec] N, 073[deg]50[min]59.6[sec] W, thence to 
40[deg]45[min]49.5[sec] N, 073[deg]51[min]07.2[sec] W, thence to 
40[deg]45[min]58.8[sec] N, 073[deg]51[min]13.2[sec] W, thence to 
40[deg]46[min]02.3[sec] N, 073[deg]51[min]20.1[sec] W, thence to 
40[deg]45[min]48.4[sec] N, 073[deg]51[min]37.0[sec] W, (NAD 1983) thence 
along the shoreline to the point of origin.
    (ii) Location: 100-Yard Zone. All waters of Bowery and Flushing Bays 
within approximately 100 yards of La Guardia Airport bound by the 
following points: Onshore at Steinway, Queens, in approximate position 
40[deg]46[min]32.1[sec] N, 073[deg]53[min]22.4[sec] W, thence to 
40[deg]46[min]50.6[sec] N, 073[deg]53[min]07.3[sec] W, thence to 
40[deg]46[min]53.0[sec] N, 073[deg]52[min]50.9[sec] W, thence to 
40[deg]46[min]57.6[sec] N, 073[deg]52[min]47.9[sec] W, thence to 
40[deg]47[min]11.8[sec] N, 073[deg]53[min]17.3[sec] W, thence to 
40[deg]47[min]13.0[sec] N, 073[deg]53[min]16.1[sec] W on Rikers Island, 
thence easterly along the Rikers Island shoreline to approximate 
position 40[deg]47[min]12.9[sec] N, 073[deg]52[min]17.9[sec] W, thence 
to 40[deg]47[min]16.7[sec] N, 073[deg]52[min]09.2[sec] W, thence to 
40[deg]47[min]36.1[sec] N,

[[Page 670]]

073[deg]51[min]52.5[sec] W, thence to 40[deg]47[min]35.1[sec] N, 
073[deg]51[min]50.5[sec] W, thence to 40[deg]47[min]15.9[sec] N, 
073[deg]52[min]06.4[sec] W, thence to 40[deg]47[min]14.5[sec] N, 
073[deg]52[min]03.1[sec] W, thence to 40[deg]47[min]07.9[sec] N, 
073[deg]52[min]09.2[sec] W, thence to 40[deg]47[min]01.4[sec] N, 
073[deg]52[min]06.1[sec] W, thence to 40[deg]46[min]50.0[sec] N, 
073[deg]52[min]14.6[sec] W, thence to 40[deg]46[min]22.2[sec] N, 
073[deg]51[min]16.0[sec] W, thence to 40[deg]45[min]57.2[sec] N, 
073[deg]51[min]01.8[sec] W, thence to 40[deg]45[min]52.4[sec] N, 
073[deg]51[min]00.2[sec] W, thence to 40[deg]45[min]50.6[sec] N, 
073[deg]51[min]07.9[sec] W, thence to 40[deg]45[min]58.8[sec] N, 
073[deg]51[min]13.2[sec] W, thence to 40[deg]46[min]04.0[sec] N, 
073[deg]51[min]23.3[sec] W, thence to 40[deg]45[min]51.2[sec] N, 
073[deg]51[min]38.8[sec] W, (NAD 1983) thence along the shoreline to the 
point of origin.
    (iii) Enforcement period. The zones described in paragraph (a)(7) of 
this section will be effective at all times. When port security 
conditions permit, the Captain of the Port will allow vessels to operate 
within that portion of the waters described in paragraph (a)(7)(i) that 
lies outside of the waters described in paragraph (a)(7)(ii). 
Authorization to enter the waters that lie between the outer boundaries 
of the zones described in paragraphs (a)(7)(i) and (a)(7)(ii) will be 
communicated by the Captain of the Port to the public by marine 
broadcast, or local notice to mariners, or notice posted at 
www.harborops.com.
    (8) John F. Kennedy Airport, Jamaica Bay, Queens, NY. (i) Location: 
Bergen Basin. All waters of Bergen Basin north of 
40[deg]39[min]26.4[sec] N.
    (ii) Location: Thurston Basin. All waters of Thurston Basin north of 
40[deg]38[min]21.2[sec] N.
    (iii) Location: 200-Yard Zone. All waters of Jamaica Bay within 
approximately 200 yards of John F. Kennedy Airport bound by the 
following points: Onshore east of Bergen Basin, Queens, in approximate 
position 40[deg]38[min]49.0[sec] N, 073[deg]49[min]09.1[sec] W, thence 
to 40[deg]38[min]42.5[sec] N, 073[deg]49[min]13.2[sec] W, thence to 
40[deg]38[min]00.6[sec] N, 073[deg]47[min]35.1[sec] W, thence to 
40[deg]37[min]52.3[sec] N, 073[deg]47[min]55.0[sec] W, thence to 
40[deg]37[min]50.3[sec] N, 073[deg]47[min]53.5[sec] W, thence to 
40[deg]37[min]59.4[sec] N, 073[deg]47[min]32.6[sec] W, thence to 
40[deg]37[min]46.1[sec] N, 073[deg]47[min]07.2[sec] W, thence to 
40[deg]37[min]19.5[sec] N, 073[deg]47[min]30.4[sec] W, thence to 
40[deg]37[min]05.5[sec] N, 073[deg]47[min]03.0[sec] W, thence to 
40[deg]37[min]34.7[sec] N, 073[deg]46[min]40.6[sec] W, thence to 
40[deg]37[min]20.5[sec] N, 073[deg]46[min]23.5[sec] W, thence to 
40[deg]37[min]05.7[sec] N, 073[deg]46[min]34.9[sec] W, thence to 
40[deg]36[min]54.8[sec] N, 073[deg]46[min]26.7[sec] W, thence to 
40[deg]37[min]14.1[sec] N, 073[deg]46[min]10.8[sec] W, thence to 
40[deg]37[min]36.9[sec] N, 073[deg]45[min]52.8[sec] W, thence to 
40[deg]38[min]00.8[sec] N, 073[deg]44[min]54.9[sec] W, thence to 
40[deg]38[min]05.1[sec] N, 073[deg]45[min]00.3[sec] W, (NAD 1983) thence 
along the shoreline to the point of origin.
    (iv) Location: 100-Yard Zone. All waters of Jamaica Bay within 
approximately 100 yards of John F. Kennedy Airport bound by the 
following points: Onshore east of Bergen Basin, Queens, in approximate 
position 40[deg]38[min]49.0[sec] N, 073[deg]49[min]09.1[sec] W, thence 
to 40[deg]38[min]45.1[sec] N, 073[deg]49[min]11.6[sec] W, thence to 
40[deg]38[min]02.0[sec] N, 073[deg]47[min]31.8[sec] W, thence to 
40[deg]37[min]52.3[sec] N, 073[deg]47[min]55.0[sec] W, thence to 
40[deg]37[min]50.3[sec] N, 073[deg]47[min]53.5[sec] W, thence to 
40[deg]38[min]00.8[sec] N, 073[deg]47[min]29.4[sec] W, thence to 
40[deg]37[min]47.4[sec] N, 073[deg]47[min]02.4[sec] W, thence to 
40[deg]37[min]19.9[sec] N, 073[deg]47[min]25.0[sec] W, thence to 
40[deg]37[min]10.0[sec] N, 073[deg]47[min]03.7[sec] W, thence to 
40[deg]37[min]37.7[sec] N, 073[deg]46[min]41.2[sec] W, thence to 
40[deg]37[min]22.6[sec] N, 073[deg]46[min]21.9[sec] W, thence to 
40[deg]37[min]05.7[sec] N, 073[deg]46[min]34.9[sec] W, thence to 
40[deg]36[min]54.8[sec] N, 073[deg]46[min]26.7[sec] W, thence to 
40[deg]37[min]14.1[sec] N, 073[deg]46[min]10.8[sec] W, thence to 
40[deg]37[min]40.0[sec] N, 073[deg]45[min]55.6[sec] W, thence to 
40[deg]38[min]02.8[sec] N, 073[deg]44[min]57.5[sec] W, thence to 
40[deg]38[min]05.1[sec] N, 073[deg]45[min]00.3[sec] W, (NAD 1983) thence 
along the shoreline to the point of origin.
    (v) Enforcement period. The zones described in paragraphs (a)(8) of 
this section will be effective at all times. When port security 
conditions permit, the Captain of the Port will allow vessels to operate 
within that portion of the waters described in paragraph (a)(8)(iii) 
that lies outside of the waters described in paragraph (a)(8)(iv). 
Authorization to enter the waters that lie between the outer boundaries 
of the zones described in paragraphs (a)(8)(iii) and (a)(8)(iv) will be 
communicated by the Captain of the Port to the public by marine 
broadcast, local notice to mariners, or notice posted at 
www.harborops.com.
    (9) NYPD Ammunition Depot, Rodman Neck, Eastchester Bay, NY. (i) 
Location: 150-Yard Zone. All waters of Eastchester Bay within 
approximately 150 yards of Rodman Neck bound by the following points: 
Onshore in approximate position 40[deg]51[min]30.4[sec] N, 
073[deg]48[min]14.9[sec] W, thence to 40[deg]51[min]29.9[sec] N, 
073[deg]48[min]20.7[sec] W, thence to 40[deg]51[min]16.9[sec] N, 
073[deg]48[min]22.5[sec] W, thence to 40[deg]51[min]07.5[sec] N, 
073[deg]48[min]18.7[sec] W, thence to 40[deg]50[min]54.2[sec] N, 
073[deg]48[min]11.1[sec] W, thence to 40[deg]50[min]48.5[sec] N, 
073[deg]48[min]04.6[sec] W, thence to 40[deg]50[min]49.2[sec] N, 
073[deg]47[min]56.5[sec] W, thence to 40[deg]51[min]03.6[sec] N, 
073[deg]47[min]47.3[sec] W,

[[Page 671]]

thence to 40[deg]51[min]15.7[sec] N, 073[deg]47[min]46.8[sec] W, thence 
to 40[deg]51[min]23.5[sec] N, 073[deg]47[min]41.9[sec] W, (NAD 1983) 
thence southwesterly along the shoreline to the point of origin.
    (ii) Location: 100-Yard Zone. All waters of Eastchester Bay within 
approximately 100 yards of Rodman Neck bound by the following points: 
Onshore in approximate position 40[deg]51[min]30.4[sec] N, 
073[deg]48[min]14.9[sec] W, thence to 40[deg]51[min]30.1[sec] N, 
073[deg]48[min]19.0[sec] W, thence to 40[deg]51[min]16.8[sec] N, 
073[deg]48[min]20.5[sec] W, thence to 40[deg]51[min]07.9[sec] N, 
073[deg]48[min]16.8[sec] W, thence to 40[deg]50[min]54.9[sec] N, 
073[deg]48[min]09.0[sec] W, thence to 40[deg]50[min]49.7[sec] N, 
073[deg]48[min]03.6[sec] W, thence to 40[deg]50[min]50.1[sec] N, 
073[deg]47[min]57.9[sec] W, thence to 40[deg]51[min]04.6[sec] N, 
073[deg]47[min]48.9[sec] W, thence to 40[deg]51[min]15.9[sec] N, 
073[deg]47[min]48.4[sec] W, thence to 40[deg]51[min]23.5[sec] N, 
073[deg]47[min]41.9[sec] W, (NAD 1983) thence southwesterly along the 
shoreline to the point of origin.
    (iii) Enforcement period. The zones described in paragraph (a)(9) of 
this section will be effective at all times. When port security 
conditions permit, the Captain of the Port will allow vessels to operate 
within that portion of the waters described in paragraph (a)(9)(i) that 
lies outside of the waters described in paragraph (a)(9)(ii). 
Authorization to enter the waters that lie between the outer boundaries 
of the zones described in paragraphs (a)(9)(i) and (a)(9)(ii) will be 
communicated by the Captain of the Port to the public by marine 
broadcast, local notice to mariners, or notice posted at 
www.harborops.com.
    (10) Port Newark/Port Elizabeth, Newark Bay, NJ. All waters of 
Newark Bay bound by the following points: 40[deg]41[min]49.9[sec] N, 
074[deg]07[min]32.2[sec] W, thence to 40[deg]41[min]46.5[sec] N, 
074[deg]07[min]20.4[sec] W, thence to 40[deg]41[min]10.7[sec] N, 
074[deg]07[min]45.9[sec] W, thence to 40[deg]40[min]54.3[sec] N, 
074[deg]07[min]55.7[sec] W, thence to 40[deg]40[min]36.2[sec] N, 
074[deg]08[min]03.8[sec] W, thence to 40[deg]40[min]29.1[sec] N, 
074[deg]08[min]06.3[sec] W, thence to 40[deg]40[min]21.9[sec] N, 
074[deg]08[min]10.0[sec] W, thence to 40[deg]39[min]27.9[sec] N, 
074[deg]08[min]43.6[sec] W, thence to 40[deg]39[min]21.5[sec] N, 
074[deg]08[min]50.1[sec] W, thence to 40[deg]39[min]21.5[sec] N, 
074[deg]09[min]54.3[sec] W, (NAD 1983) thence northerly along the 
shoreline to the point of origin.
    (11) Global Marine Terminal, Upper New York Bay. All waters of Upper 
New York Bay between the Global Marine and Military Ocean Terminals, 
west of the New Jersey Pierhead Channel.
    (12) Approaches to New York, Atlantic Ocean. The following area is a 
security zone: All waters of the Atlantic Ocean between the Ambrose to 
Hudson Canyon Traffic Lane and the Barnegat to Ambrose Traffic Lane 
bound by the following points: 40[deg]21[min]29.9[sec] N, 
073[deg]44[min]41.0[sec] W, thence to 40[deg]21[min]04.5[sec] N, 
073[deg]45[min]31.4[sec] W, thence to 40[deg]15[min]28.3[sec] N, 
073[deg]44[min]13.8[sec] W, thence to 40[deg]15[min]35.4[sec] N, 
073[deg]43[min]29.8[sec] W, thence to 40[deg]19[min]21.2[sec] N, 
073[deg]42[min]53.0[sec] W, (NAD 1983) thence to the point of origin.
    (b) Regulations. (1) Entry into or remaining in a safety or security 
zone is prohibited unless authorized by the Coast Guard Captain of the 
Port, New York.
    (2) Persons desiring to transit the area of a safety or security 
zone may contact the Captain of the Port at telephone number 718-354-
4088 or on VHF channel 14 (156.7 MHz) or 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.
    (3) Vessels not actively engaged in authorized vessel to facility 
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 
his or her designated representative, including on-scene patrol 
personnel.
    (4) The zone described in paragraph (a)(12) of this section is not a 
Federal Anchorage Ground. Only vessels directed by the Captain of the 
Port or his or her designated representative to enter this zone are 
authorized to anchor here.
    (5) Vessels do not need permission from the Captain of the Port to 
transit the area described in paragraph (a)(12) of this section during 
periods when that security zone is not being enforced.
    (c) Enforcement. Enforcement periods for the zone in paragraph 
(a)(12) of this section will be announced through marine information 
broadcast or other appropriate method of communication.

[[Page 672]]

The Coast Guard is enforcing the zone whenever a vessel is anchored in 
the security zone or a Coast Guard patrol vessel is on-scene.

[CGD01-02-132, 68 FR 2890, Jan. 22, 2003, as amended by CGD01-03-036, 69 
FR 2670, Jan. 20, 2004; CGD01-03-020, 69 FR 23306, June 15, 2004]



Sec. 165.170  Safety Zone: Triathlon, Ulster Landing, Hudson River, NY.

    (a) Regulated area. The following area is a safety zone: All waters 
of the Hudson River, in the vicinity of Ulster Landing, bound by the 
following points: 42[deg]00[min]03.7[sec] N, 073[deg]56[min]43.1[sec] W; 
thence to 41[deg]59[min]52.5[sec] N, 073[deg]56[min]34.2[sec] W; thence 
to 42[deg]00[min]15.1[sec] N, 073[deg]56[min]25.2[sec] W; thence to 
42[deg]00[min]05.4[sec] N, 073[deg]56[min]41.9[sec] W (NAD 1983); thence 
along the shoreline to the point of beginning.
    (b) Effective period. This section is in effect annually from 6 a.m. 
until 9 a.m. on the first Sunday after July 4th.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (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.

[CGD01-00-248, 66 FR 29486, May 31, 2001]



Sec. 165.202  Safety Zones: Annual fireworks Events in the Captain of 
the Port Cleveland Zone.

    (a) Safety zones. The following areas are designated safety zones:
    (1) City of Cleveland 4th of July Fireworks Display, Cleveland, OH: 
All navigable waters of Cleveland Harbor and Lake Erie beginning at 
41[deg]30.823[min] N, 081[deg]41.620[min] W (the northwest corner of 
Burke Lakefront Airport); continuing northwest to 41[deg]31.176 N, 
081[deg]41.884[min] W; then southwest to 41[deg]30.810[min] N, 
081[deg]42.515[min] W; then southeast to 41[deg]30.450[min] N, 
081[deg]42.222[min] W (the northwest corner of dock 28 at the Cleveland 
Port Authority) then northeast back to the starting point at 
41[deg]30.443[min] N, 081[deg]41.620[min] W. All geographic coordinates 
are based upon North American Datum 1983 (NAD 1983).
    (2) Dollar Bank Jamboree Fireworks Display, Cleveland, OH: All 
navigable waters of Cleveland Harbor and Lake Erie beginning at 
41[deg]30.823[min] N, 081[deg]41.620[min] W (the northwest corner of 
Burke Lakefront Airport); continuing northwest to 41[deg]31.176 N, 
081[deg]41.884[min] W; then southwest to 41[deg]30.810[min] N, 
081[deg]42.515[min] W; then southeast to 41[deg]30.450[min] N, 
081[deg]42.222[min] W (the northwest corner of dock 28 at the Cleveland 
Port Authority) then northeast back to the starting point at 
41[deg]30.443[min] N, 081[deg]41.620[min] W (NAD 1983).
    (3) Browns Football Halftime Fireworks Display, Cleveland, OH: All 
navigable waters of Cleveland Harbor and Lake Erie beginning at 
41[deg]30.823[min] N, 081[deg]41.620[min] W (the northwest corner of 
Burke Lakefront Airport); continuing northwest to 41[deg]31.176 N, 
081[deg]41.884[min] W; then southwest to 41[deg]30.810[min] N, 
081[deg]42.515[min] W; then southeast to 41[deg]30.450[min] N, 
081[deg]42.222[min] W (the northwest corner of dock 28 at the Cleveland 
Port Authority) then northeast back to the starting point at 
41[deg]30.443[min] N, 081[deg]41.620[min] W (NAD 1983).
    (4) Lakewood City Fireworks Display, Lakewood, OH: All waters and 
adjacent shoreline of Lake Erie bounded by the arc of a circle with a 
500-yard radius with its center approximate position 41[deg]29.755[min] 
N, 081[deg]47.780[min] W (off of Lakewood Park) (NAD 1983).
    (5) Cleveland Yachting Club Fireworks Display, Rocky River, OH: All 
waters and adjacent shoreline of the Rocky River and Lake Erie bounded 
by the arc of a circle with a 200-yard radius with its center at Sunset 
Point on the western side of the mouth of the Rocky River in approximate 
position 41[deg]29.428[min] N, 081[deg]50.309[min] W (NAD 1983).
    (6) Lorain 4th of July Celebration Fireworks Display, Lorain, OH: 
The waters of Lorain Harbor bounded by the arc of a circle with a 300-
yard radius with its center east of the harbor entrance on the end of 
the break wall near Spitzer's Marina in approximate position 
41[deg]28.591[min] N, 082[deg]10.855[min] W (NAD 1983).
    (7) Lorain Port Fest Fireworks Display, Lorain, OH: All waters and 
adjacent shoreline of Lorain Harbor bounded by

[[Page 673]]

the arc of a circle with a 250-yard radius with its center at 
approximate position 41[deg]28.040[min] N, 082[deg]10.365[min] W (NAD 
1983).
    (8) Mentor Harbor Yacht Club Fireworks Display, Mentor, OH: All 
waters and adjacent shoreline of Lake Erie and Mentor Harbor bounded by 
the arc of a circle with a 200-yard radius with its center in 
approximate position 41[deg]43.200[min] N, 081[deg]21.400[min] W (west 
of the harbor entrance) (NAD 1983).
    (9) Fairport Mardi Gras Fireworks Display, Fairport Harbor, OH: All 
waters and adjacent shoreline of Fairport Harbor and Lake Erie bounded 
by the arc of a circle with a 300-yard radius with its center east of 
the harbor entrance at Fairport Harbor Beach in approximate position 
41[deg]45.500[min] N, 081[deg]16.300[min] W (NAD 1983).
    (10) Ashtabula Area Fireworks Display, Ashtabula, OH: All waters and 
adjacent shoreline of Lake Erie and Ashtabula Harbor bounded by the arc 
of a circle with a 300-yard radius with its center west of the harbor in 
approximate position 41[deg]54.167[min] N, 080[deg]48.416[min] W (NAD 
1983).
    (b) Notification. Captain of the Port Cleveland will cause notice of 
the enforcement of these safety zones to be made by all appropriate 
means to effect the widest publicity among the affected segments of the 
public, including publication on the local notice to mariners, marine 
information broadcasts, and facsimile. Fireworks barges used in these 
locations will also have a sign on their port and starboard side labeled 
``FIREWORKS-STAY AWAY''. This sign will consist of 10[sec] high by 
1.5[sec] wide red lettering on a white background. Shore sites used in 
these locations will display a sign labeled ``FIREWORKS-STAY AWAY'' with 
the same dimensions.
    (c) Enforcement period. This section will be enforced from 6 p.m. 
(local) to 1 a.m. (local) each day a barge with ``FIREWORKS-STAY AWAY'' 
sign on the port and starboard side is on-scene or a ``FIREWORKS-STAY 
AWAY'' sign is posted in a location listed in paragraph (a) of this 
section. Vessels may enter, remain in, or transit through these safety 
zones during this time frame if authorized by the Captain of the Port 
Cleveland or the designated Coast Guard Patrol Commander on scene.
    (d) Regulations. (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 
Commander. 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) Several of the safety zones in this regulation encompass 
portions commercial navigation channels but are not expected to 
adversely affect shipping. In cases where shipping is affected, 
commercial vessels may request permission from the Patrol Commander or 
Captain of the Port 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 the U.S. Coast Guard Patrol Commander 
(PAT COM) on Channel 16, VHF-FM.

[CGD09-03-202, 69 FR 43750, July 22, 2004]

                       Fifth Coast Guard District



Sec. 165.500  Safety/Security Zones; Chesapeake Bay, Maryland.

    (a) Definitions. (1) Certain Dangerous Cargo (CDC) means a material 
defined in 33 CFR part 160.
    (2) Liquefied Hazardous Gas (LHG) means a material defined in 33 CFR 
part 127.
    (3) Liquefied Natural Gas (LNG) means a material defined in 33 CFR 
part 127.
    (4) Cruise ship means a vessel defined as a ``passenger vessel'' in 
46 U.S.C. 2101 (22).
    (b) Location. The following areas are a safety/security zone: All 
waters of the Chesapeake Bay and its tributaries, from surface to 
bottom, within a 500 yard radius around cruise ships and vessels 
transporting CDC, LNG, or LHG while transiting, anchored, or moored 
within the COTP Baltimore zone.
    (c) Regulations. (1) The COTP will notify the maritime community of 
affected vessels and the periods during which the safety/security zones 
will be enforced by providing notice to mariners in accordance with 33 
CFR 165.7.
    (2) Entry into or remaining in this zone is prohibited unless 
authorized by the Coast Guard COTP, Baltimore, Maryland or his 
designated representative.
    (3) Persons desiring to transit the area of the security zone may 
contact

[[Page 675]]

the COTP 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 COTP or 
his or her designated representative.
    (d) Authority. In addition to 33 U.S.C. 1231, the authority for this 
section includes 50 U.S.C. 191.

[CDG05-03-008, 68 FR 43311, July 22, 2003]



Sec. 165.501  Chesapeake Bay entrance and Hampton Roads, VA and adjacent 
waters--Regulated Navigation Area.

    (a) Location. The waters enclosed by the shoreline and the following 
lines are a Regulated Navigation Area:
    (1) Offshore zone. A line drawn due East from the mean low water 
mark at the North Carolina and Virginia border at latitude 
36[deg]33[min]03[sec] N, longitude 75[deg]52[min]00[sec] W, to the 
Territorial Seas boundary line at latitude 36[deg]33[min]05[sec] N, 
longitude 75[deg]36[min]51[sec] W, thence generally Northeastward along 
the Territorial Seas boundary line to latitude 38[deg]01[min]39[sec] N, 
longitude 74[deg]57[min]18[sec] W, thence due West to the mean low water 
mark at the Maryland and Virginia border at latitude 
38[deg]01[min]39[sec] N, longitude 75[deg]14[min]30[sec] W, thence South 
along the mean low water mark on the Virginia coast, and eastward of the 
Colregs Demarcation Lines across Chincoteague Inlet, Assawoman Inlet, 
Gargathy Inlet, Metompkin Inlet, Wachapreague Inlet, Quinby Inlet, Great 
Machipongo Inlet, Sand Shoal Inlet, New Inlet, Ship Shoal Inlet and 
Little Inlet, to the Colregs Demarcation Line across the mouth of 
Chesapeake Bay, continuing south along the Virginia low water mark and 
eastward of the Colregs Demarcation Line across Rudee Inlet to the point 
of beginning. All positions reference NAD 83.
    (2) Inland zone. The waters enclosed by the shoreline and the 
following lines:
    (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 Light and Cape Charles City Range ``A'' Rear Light.
    (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) Definitions. In this section:
    CBBT means the Chesapeake Bay Bridge Tunnel.
    Coast Guard Patrol Commander is a Coast Guard commissioned, warrant 
or petty officer who has been designated by the Commander, Coast Guard 
Group Hampton Roads.
    Designated representative of the Captain of the Port means a person, 
including the duty officer at the Coast Guard Marine Safety Office 
Hampton Roads, the Joint Harbor Operations Center watchstander, or the 
Coast Guard or Navy Patrol Commander who has been authorized by the 
Captain of the Port to act on his or her behalf and at his or her 
request to carry out such orders and directions as needed. All patrol

[[Page 676]]

vessels shall display the Coast Guard Ensign at all times when underway.
    I-664 Bridge Tunnel means the Monitor Merrimac Bridge Tunnel.
    Inland waters means waters within the COLREGS Line of Demarcation.
    Thimble Shoal Channel consists of the waters bounded by a line 
connecting Thimble Shoal Channel Lighted Bell Buoy 1TS, thence to 
Thimble Shoal Lighted Gong Buoy 17, thence to Thimble Shoal Lighted Buoy 
19, thence to Thimble Shoal Lighted Buoy 21, thence to Thimble Shoal 
Lighted Buoy 22, thence to Thimble Shoal Lighted Buoy 18, thence to 
Thimble Shoal Lighted Buoy 2, thence to the beginning.
    Thimble Shoal North Auxiliary Channel consists of the waters in a 
rectangular area 450 feet wide adjacent to the north side of Thimble 
Shoal Channel, the southern boundary of which extends from Thimble Shoal 
Channel Lighted Buoy 2 to Thimble Shoal Lighted Buoy 18.
    Thimble Shoal South Auxiliary Channel consists of the waters in a 
rectangular area 450 feet wide adjacent to the south side of Thimble 
Shoal Channel, the northern boundary of which extends from Thimble Shoal 
Channel Lighted Bell Buoy 1TS, thence to Thimble Shoal Lighted Gong Buoy 
17, thence to Thimble Shoal Lighted Buoy 19, thence to Thimble Shoal 
Lighted Buoy 21.
    (c) Applicability. This section applies to all vessels operating 
within the Regulated Navigation Area, including naval and public 
vessels, except vessels that are engaged in the following operations:
    (1) Law enforcement.
    (2) Servicing aids to navigation.
    (3) Surveying, maintenance, or improvement of waters in the 
Regulated Navigation Area.
    (d) Regulations--(1) Anchoring restrictions. No vessel over 65 feet 
long may anchor or moor in the inland waters of the Regulated Navigation 
Area outside an anchorage designated in Sec. 110.168 of this title, 
with these exceptions:
    (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 environment, may a 
vessel anchor in a channel.
    (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) Anchoring detail requirements. A self-propelled vessel over 100 
gross tons, which is equipped with an anchor or anchors (other than a 
tugboat equipped with bow fenderwork of a type of construction that 
prevents an anchor being rigged for quick release), that is underway 
within two nautical miles of the CBBT or the I-664 Bridge Tunnel shall 
station its personnel at locations on the vessel from which they can 
anchor the vessel without delay in an emergency.
    (3) Secondary towing rig requirements on inland waters. (i) A vessel 
over 100 gross tons may not be towed in the inland waters of the 
Regulated Navigation Area unless it is equipped with a secondary towing 
rig, in addition to its primary towing rig, that:
    (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) Thimble Shoals Channel controls. (i) A vessel drawing less than 
25 feet may not enter the Thimble Shoal Channel, unless the vessel is 
crossing the channel. Masters should consider the squat of their vessel 
based upon vessel design

[[Page 677]]

and environmental conditions. Channel crossings shall be made as 
perpendicular to the channel axis as possible.
    (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) Restrictions on vessels with impaired maneuverability--(i) 
Before entry. A vessel over 100 gross tons, whose ability to maneuver is 
impaired by heavy weather, defective steering equipment, defective main 
propulsion machinery, or other damage, may not enter the Regulated 
Navigation Area without the permission of the Captain of the Port.
    (ii) After entry. A vessel over 100 gross tons, which is underway in 
the Regulated Navigation Area, that has its ability to maneuver become 
impaired for any reason, shall, as soon as possible, report the 
impairment to the Captain of the Port.
    (6) Requirements for navigation charts, radars, and pilots. No 
vessel over 100 gross tons may enter the Regulated Navigation Area, 
unless it has on board:
    (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) Emergency procedures. (i) Except as provided in paragraph 
(d)(7)(ii) of this section, in an emergency any vessel may deviate from 
the regulations in this section to the extent necessary to avoid 
endangering the safety of persons, property, or the environment.
    (ii) A vessel over 100 gross tons with an emergency that is located 
within two nautical miles of the CBBT or I-664 Bridge Tunnel shall 
notify the Captain of the Port of its location and the nature of the 
emergency, as soon as possible.
    (8) Vessel speed limits--(i) Little Creek. A vessel may not proceed 
at a speed over five knots between the Route 60 bridge and the mouth of 
Fishermans Cove (Northwest Branch of Little Creek).
    (ii) Southern Branch of the Elizabeth River. A vessel may not 
proceed at a speed over six knots between the junction of the Southern 
and Eastern Branches of the Elizabeth River and the Norfolk and 
Portsmouth Belt Line Railroad Bridge between Chesapeake and Portsmouth, 
Virginia.
    (iii) Norfolk Harbor Reach. Nonpublic vessels of 300 gross tons or 
more may not proceed at a speed over 10 knots between the Elizabeth 
River Channel Lighted Gong Buoy 5 of Norfolk Harbor Reach (southwest of 
Sewells Point) at approximately 36[deg]58[min]00[sec] N, 
076[deg]20[min]00[sec] W, and gated Elizabeth River Channel Lighted 
Buoys 17 and 18 of Craney Island Reach (southwest of Norfolk 
International Terminal at approximately 36[deg]54[min]17[sec] N, and 
076[deg]20[min]11[sec] W.
    (9) Port security requirements. Vessels in excess of 300 gross tons, 
including tug and barge combinations in excess of 300 gross tons 
(combined), shall not enter the Regulated Navigation Area, move within 
the Regulated Navigation Area, or be present within the Regulated 
Navigation Area, unless they comply with the following requirements:
    (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.

[[Page 678]]

    (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) Waivers. (1) The Captain of the Port may, upon request, waive 
any regulation in this section.
    (2) An application for a waiver must state the need for the waiver 
and describe the proposed vessel operations.
    (f) Control of vessels within the regulated navigation area. (1) 
When necessary to prevent damage, destruction or loss of any vessel, 
facility or port infrastructure, the Captain of the Port may direct the 
movement of vessels or issue orders requiring vessels to anchor or moor 
in specific locations.
    (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.

[CGD05-02-099, 68 FR 35175, June 12, 2003]



Sec. 165.502  Safety and Security Zone; Cove Point Liquefied Natural 
Gas Terminal, Chesapeake Bay, Maryland.

    (a) Location. The following area is a safety and security zone: All 
waters of the Chesapeake Bay, from surface to bottom, encompassed by 
lines connecting the following points, beginning at 
38[deg]24[min]27[sec] N, 76[deg]23[min]42[sec] W, thence to 
38[deg]24[min]44[sec] N, 76[deg]23[min]11[sec] W, thence to 
38[deg]23[min]55[sec] N, 76[deg]22[min]27[sec] W, thence to 
38[deg]23[min]37[sec] N, 76[deg]22[min]58[sec] W, thence to beginning at 
38[deg]24[min]27[sec] N, 76[deg]23[min]42[sec] W. These coordinates are 
based upon North American Datum (NAD) 1983. This area is 500 yards in 
all directions from the Cove Point LNG terminal structure.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. Sec. 165.23 and 165.33 of this part, entry into or movement within 
this zone is prohibited unless authorized by the Coast Guard Captain of 
the Port, Baltimore, Maryland or his designated representative. 
Designated representatives include any Coast Guard commissioned, 
warrant, or petty officer.
    (2) Persons desiring to transit the area of the zone may contact the 
Captain of the Port at telephone number (410) 576-2693 or via 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 designated 
representative.
    (c) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State, local, and private 
agencies.

[CGD05-03-023, 68 FR 75133, Dec. 30, 2003]



Sec. 165.503  Security Zone; Captain of the Port Hampton Roads Zone.

    (a) Definitions. As used in this section--
    Certain dangerous cargo or CDC means a material defined as CDC in 33 
CFR 160.204.
    Designated Representative of the Captain of the Port is any U.S. 
Coast Guard commissioned, warrant or petty officer who has been 
authorized by the Captain of the Port (COTP), Hampton Roads, Virginia to 
act on his or her behalf.
    Passenger vessel means a vessel defined as a passenger vessel in 46 
CFR part 70.
    (b) Location. All navigable waters of the Captain of the Port 
Hampton Roads zone (defined in 33 CFR 3.25-10) within 500 yards around a 
passenger vessel or vessel carrying a CDC, while the passenger vessel or 
vessel carrying CDC is transiting, moored or anchored.
    (c) Regulations. (1) No vessel may approach within 500 yards of a 
passenger vessel or vessel carrying a CDC within the Captain of the Port 
Hampton Roads zone, unless traveling at the minimum speed necessary to 
navigate safely.
    (2) Under Sec. 165.33, no vessel or person may approach within 100 
yards of a passenger vessel or vessel carrying a CDC within the Captain 
of the Port Hampton Roads zone, unless authorized

[[Page 679]]

by the COTP Hampton Roads or his or her designated representative.
    (3) The COTP Hampton Roads may notify the maritime and general 
public by marine information broadcast of the periods during which 
individual security zones have been activated by providing notice in 
accordance with 33 CFR 165.7.
    (4) A security zone in effect around a moving or anchored vessel 
will be enforced by a law enforcement vessel. A security zone in effect 
around a moored vessel will be enforced by a law enforcement agent 
shoreside, a law enforcement vessel waterside, or both.
    (5) Persons desiring to transit the area of the security zone within 
100 yards of a passenger vessel or vessel carrying a CDC must contact 
the COTP Hampton Roads on VHF-FM channel 16 (156.8 MHz) or telephone 
number (757) 668-5555 or (757) 484-8192 to seek permission to transit 
the area. All persons and vessels must comply with the instructions of 
the COTP or the COTP's designated representative.
    (d) Enforcement. The COTP will enforce these zones and may enlist 
the aid and cooperation of any Federal, state, county, or municipal law 
enforcement agency to assist in the enforcement of the regulation.

[CGD05-04-067, 69 FR 40769, July 7, 2004]



Sec. 165.504  Newport News Shipbuilding and Dry Dock Company Shipyard, 
James River, Newport News, Va.

    (a) Location. The following is a security zone: The waters of the 
James River encompassed by a line beginning at the intersection of the 
shoreline with the northernmost property line of the Newport News 
Shipbuilding and Dry Dock Co. at latitude 37[deg]00[min]38.1[sec] N, 
longitude 76[deg]27[min]05.7[sec] W, thence southerly to latitude 
36[deg]59[min]58.4[sec] N, longitude 76[deg]27[min]16.7[sec] W, thence 
southeasterly to latitude 36[deg]59[min]23.0[sec] N, longitude 
76[deg]26[min]54.6[sec] W, thence westerly to latitude 
36[deg]59[min]21.5[sec] N, longitude 76[deg]26[min]58.4[sec] W, thence 
southeasterly to latitude 36[deg]59[min]12.9[sec] N, longitude 
76[deg]26[min]52.4[sec] W, thence easterly to latitude 
36[deg]59[min]14.2[sec] N, longitude 76[deg]26[min]49.1[sec] W, thence 
southeasterly to latitude 36[deg]58[min]37.8[sec] N, longitude 
76[deg]26[min]26.3[sec] W, thence easterly to latitude 
36[deg]58[min]43.5[sec] N, longitude 76[deg]26[min]13.7[sec] W, thence 
northerly to the intersection of the shoreline with the southernmost 
property line of the Newport News Shipbuilding and Dry Dock Co. at 
latitude 36[deg]58[min]48.0[sec] N, longitude 76[deg]26[min]11.2[sec] W, 
thence northwesterly along the shoreline to the point of beginning.
    (b) Security zone anchorage. The following is a security zone 
anchorage: The waters of the James River encompassed by a line beginning 
at the intersection of the shoreline with the northernmost property line 
of the Newport News Shipbuilding and Dry Dock Company shipyard at 
latitude 37[deg]00[min]38.1[sec] N, longitude 76[deg]27[min]05.7[sec] W, 
thence southerly to latitude 36[deg]59[min]58.4[sec] N, longitude 
76[deg]27[min]16.7[sec] W, thence easterly to the shoreline at latitude 
36[deg]59[min]58.5[sec] N, longitude 76[deg]27[min]11.6[sec] W, thence 
along the shoreline to the point of beginning.
    (c) Special Regulations. (1) Section 165.33 (a), (e), and (f) do not 
apply to the following vessels or individuals on board those vessels:
    (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:

[[Page 680]]

    (1) The name of the vessel;
    (2) The vessel's official number, if documented, or state number, if 
numbered by a state issuing authority;
    (3) A brief description of the vessel, including length, color, and 
type of vessel;
    (4) The name, Social Security number, current address, and telephone 
number of the vessel's master, operator, or person in charge; and
    (5) Upon request, information the vessel's crew.
    (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) Enforcement. The U.S. Coast Guard may be assisted in the 
enforcement of this zone by the U.S. Navy.

[CGD5 86-03, 51 FR 18322, May 19, 1986, as amended by CGD5 87-038, 52 FR 
41996, Nov. 2, 1987]



Sec. 165.505  Security Zone; Calvert Cliffs Nuclear Power Plant, 
Chesapeake Bay, Calvert County, Maryland.

    (a) Location. The following area is a security zone: All waters of 
the Chesapeake Bay, from surface to bottom, encompassed by lines 
connecting the following points, beginning at 38[deg]26[min]06[sec] N, 
076[deg]26[min]18[sec] W, thence to 38[deg]26[min]10[sec] N, 
076[deg]26[min]12[sec] W, thence to 38[deg]26[min]21[sec] N, 
076[deg]26[min]28[sec] W, thence to 38[deg]26[min]14[sec] N, 
076[deg]26[min]33[sec] W, thence to beginning at 38[deg]26[min]06[sec] 
N, 076[deg]26[min]18[sec] W. These coordinates are based upon North 
American Datum (NAD) 1983.
    (b) Regulations. (1) Entry into or remaining in this zone is 
prohibited unless authorized by the Coast Guard Captain of the Port, 
Baltimore, Maryland.
    (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)Authority: 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.

[CGD05-02-080, 68 FR 15053, Mar. 28, 2003]



Sec. 165.506  Safety Zones; Fifth Coast Guard District Fireworks Displays.

    (a) Locations. (1) Patuxent River, Solomons Island, MD, Safety Zone. 
All waters of Patuxent River within a 300 yard radius of the fireworks 
barge in an area bound by the following points:38[deg]19[min]42[sec] N, 
076[deg]28[min]02[sec] W; thence to 38[deg]19[min]26[sec] N, 
076[deg]28[min]18[sec] W; thence to 38[deg]18[min]48[sec] N, 
076[deg]27[min]42[sec] W; thence to 38[deg]19[min]06[sec] N 
076[deg]27[min]25[sec] W; (Datum NAD 1983), thence to the point of 
origin, located near Solomons Island, MD.
    (2) Middle River, Baltimore County, MD, Safety Zone. All waters of 
the Middle River within a 300 yard radius of the fireworks barge in 
approximate position 39[deg]17[min]45[sec] N, 076[deg]23[min]49[sec] W 
(Datum NAD 1983), approximately 300 yards east of Rockaway Beach, near 
Turkey Point.
    (3) Northeast River, North East, MD, Safety Zone. All waters of the 
Northeast River within a 300 yard radius of the fireworks barge in 
approximate position 39[deg]35[min]26[sec] N, 075[deg]57[min]00[sec] W 
(Datum NAD 1983), approximately 400 yards south of North East Community 
Park.
    (4) Potomac River, Charles County, MD, Safety Zone. All waters of 
the Potomac River within a 250 yard radius of the fireworks barge in 
approximate position 38[deg]20[min]30[sec] N, 077[deg]14[min]30[sec] W 
(Datum NAD 1983), located near Fairview Beach, Virginia.
    (5) Baltimore Inner Harbor, Patapsco River, MD, Safety Zone. All 
waters of the Patapsco River within a 150 yard radius of the fireworks 
barge in approximate position 39[deg]16[min]55[sec] N, 
076[deg]36[min]17[sec] W (Datum NAD 1983), located at the entrance to 
Baltimore Inner Harbor, approximately 150 yards southwest of pier 6.
    (6) Northwest Harbor, (Western Section) Patapsco River, MD, Safety 
Zone. All waters of the Patapsco River within a 250 yard radius of the 
fireworks barge in approximate position 39[deg]16[min]37[sec] N, 
076[deg]35[min]54[sec] W (Datum NAD 1983), located near the western end 
of Northwest Harbor.

[[Page 681]]

    (7) Northwest Harbor (East Channel), Patapsco River, MD, Safety 
Zone. All waters of the Patapsco River within a 300 yard radius of the 
fireworks barge in approximate position 39[deg]15[min]55[sec] N, 
076[deg]34[min]35[sec] W (Datum NAD 1983), located adjacent to the East 
Channel of Northwest Harbor.
    (8) Washington Channel, Upper Potomac River, Washington, DC, Safety 
Zone. All waters of the Upper Potomac River within a 150 yard radius of 
the fireworks barge in approximate position 38[deg]52[min]09[sec] N, 
077[deg]01[min]13[sec] W (Datum NAD 1983), located within the Washington 
Channel in Washington Harbor, DC.
    (9) Dukeharts Channel, Potomac River, MD, Safety Zone. All waters of 
the Potomac River within a 150 yard radius of the fireworks barge in 
approximate position 38[deg]1348[sec] N, 076[deg]44[min]37[sec] W (Datum 
NAD 1983), located adjacent to Dukeharts Channel near Coltons Point, 
Maryland.
    (10) Severn River and Spa Creek, Annapolis, MD, Safety Zone. All 
waters of the Severn River and Spa Creek within an area bounded by a 
line drawn from 38[deg]58[min]39.6[sec] N, 076[deg]28[min]49[sec] W; 
thence to 38[deg]58[min]41[sec] N, 076[deg]28[min]14[sec] W; thence to 
38[deg]59[min]01[sec] N, 076[deg]28[min]37[sec] W; thence to 
38[deg]58[min]57[sec] N, 076[deg]28[min]40[sec] W (Datum NAD 1983), 
located near the entrance to Spa Creek in Annapolis, Maryland.
    (11) Miles River, St. Michaels, MD, Safety Zone. All waters of the 
Miles River within a 200 yard radius of the fireworks barge in 
approximate position 38[deg]47[min]42[sec] N, 076[deg]12[min]23[sec] W 
(Datum NAD 1983), located near the waterfront of St. Michaels, Maryland.
    (12) Chesapeake Bay, Chesapeake Beach, MD, Safety Zone. All waters 
of the Chesapeake Bay within a 150 yard radius of the fireworks barge in 
approximate position 38[deg]41[min]33[sec] N, 076[deg]31[min]48[sec] W 
(Datum NAD 1983), located near Chesapeake Beach, Maryland.
    (13) Choptank River, Cambridge, MD, Safety Zone. All waters of the 
Choptank River within a 300 yard radius of the fireworks launch site at 
Great Marsh Point, located at 38[deg]35[min]06[sec] N, 
076[deg]04[min]46[sec] W (Datum NAD 1983).
    (14) Chester River, Kent Island Narrows, MD, Safety Zone. All waters 
of the Chester River within a 250 yard radius of the fireworks barge in 
approximate position 38[deg]58[min]51.6[sec] N, 076[deg]14[min]49.8[sec] 
W (Datum NAD 1983), approximately 500 yards west of the northern 
approach to Kent Island Narrows channel.
    (15) Atlantic Ocean, Ocean City, MD, Safety Zone. All waters of the 
Atlantic Ocean in an area bound by the following points: 
38[deg]19[min]39.9[sec] N, 075[deg]05[min]03.2[sec] W; thence to 
38[deg]19[min]36.7[sec] N, 075[deg]04[min]53.5[sec] W; thence to 
38[deg]19[min]45.6[sec] N, 075[deg]04[min]49.3[sec] W; thence to 
38[deg]19[min]49.1[sec] N, 075[deg]05[min]00.5[sec] W; (Datum NAD 1983), 
thence to point of origin. The size of the proposed zone extends 
approximately 300 yards offshore from the fireworks launch area located 
at the High Water mark on the beach.
    (16)Isle of Wight Bay, Ocean City, MD, Safety Zone. All waters of 
Isle of Wight Bay within a 350 yard radius of the fireworks barge in 
approximate position 38[deg]22[min]32[sec] N, 075[deg]04[min]30[sec] W 
(Datum NAD 1983).
    (17) Assawoman Bay, Fenwick Island--Ocean City, MD, Safety Zone. All 
waters of Assawoman Bay within a 360 yard radius of the fireworks launch 
location on the pier at the West end of Northside Park, in approximate 
position 38[deg]25[min]57.6[sec] N, 075[deg]03[min]55.8[sec] W (Datum 
NAD 1983).
    (18) Atlantic Ocean, Rehoboth Beach, DE, Safety Zone. All waters of 
the Atlantic Ocean within a 360 yard radius of the fireworks barge in 
approximate position 38[deg]43[min]01.2[sec] N, 075[deg]04[min]21[sec] W 
(Datum NAD 1983), approximately 400 yards east of Rehoboth Beach, DE.
    (19) Indian River Bay, DE, Safety Zone. All waters of the Indian 
River Bay within a 360 yard radius of the fireworks launch location on 
the pier in approximate position 38[deg]36[min]42[sec] N, 
075[deg]08[min]18[sec] W (Datum NAD 1983), about 700 yards east of Pots 
Net Point, DE.
    (20) Little Egg Harbor, Parker Island, NJ, Safety Zone. All waters 
of Little Egg Harbor within a 500 yard radius of the fireworks barge in 
approximate position 39[deg]34[min]18[sec] N, 074[deg]14[min]43[sec] W 
(Datum NAD 1983), approximately 100 yards north of Parkers Island.
    (21) Barnegat Bay, Ocean Township, NJ, Safety Zone. All waters of 
Barnegat Bay within a 500 yard radius of the fireworks barge in 
approximate position 39[deg]47[min]33[sec] N, 074[deg]10[min]46[sec] W 
(Datum NAD 1983).

[[Page 682]]

    (22) Delaware Bay, North Cape May, NJ, Safety Zone. All waters of 
the Delaware Bay within a 500 yard radius of the fireworks barge in 
approximate position 38[deg]58[min]00[sec] N, 074[deg]58[min]30[sec] W 
(Datum NAD 1983).
    (23) Delaware River, Philadelphia, PA, Safety Zone. All waters of 
Delaware River, adjacent to Penns Landing, Philadelphia, PA, bounded 
from shoreline to shoreline, bounded on the south by a line running east 
to west from points along the shoreline at 39[deg]56[min]31.2[sec] N, 
075[deg]08[min]28.1[sec] W; thence to 39[deg]56[min]29.1[sec] N, 
075[deg]07[min]56.5[sec] W, and bounded on the north by the Benjamin 
Franklin Bridge, (Datum NAD 1983).
    (24) Morehead City Harbor Channel, NC, Safety Zone. All waters of 
Morehead City Harbor Channel that fall within a 360 yard radius of 
latitude 34[deg]43[min]01[sec] N, 076[deg]42[min]59.6[sec] W, a position 
located at the west end of Sugar Loaf Island, NC.
    (25) Cape Fear River, Wilmington, NC, Safety Zone. All waters of the 
Cape Fear River within an area bound by a line drawn from the following 
points: 34[deg]14[min]12[sec] N, 077[deg]57[min]07.2[sec] W; thence to 
34[deg]14[min]12[sec] N, 077[deg]57[min]06[sec] W; thence to 
34[deg]13[min]54[sec] N, 077[deg]57[min]00[sec] W;, thence to 
34[deg]13[min]54[sec] N, 077[deg]57[min]06[sec] W; thence to the point 
of origin, (Datum NAD 1983), located 500 yards north of Cape Fear 
Memorial Bridge.
    (26) Cape Fear River, Southport, NC, Safety Zone. All waters of the 
Cape Fear River within a 600 yard radius of the fireworks barge in 
approximate position 33[deg]54[min]40[sec] N, 078[deg]01[min]18[sec] W 
(Datum NAD 1983), approximately 700 yards south of the waterfront at 
Southport, NC.
    (27) Green Creek and Smith Creek, Oriental, NC, Safety Zone. All 
waters of Green Creek and Smith Creek that fall within a 300 yard radius 
of the fireworks launch site at 35[deg]01[min]29.6[sec] N, 
076[deg]42[min]10.4[sec] W (Datum NAD 1983), located near the entrance 
to the Neuse River in the vicinity of Oriental, NC.
    (28) Pamlico River, Washington, NC, Safety Zone. All waters of the 
Pamlico River that fall within a 300 yard radius of the fireworks launch 
site at 35[deg]32[min]19[sec] N, 077[deg]03[min]20.5[sec] W (Datum NAD 
1983), located 500 yards north of Washington railroad trestle bridge.
    (29) Neuse River, New Bern, NC, Safety Zone. All waters of the Neuse 
River within a 360 yard radius of the fireworks barge in approximate 
position 35[deg]06[min]07.1[sec] N, 077[deg]01[min]35.8[sec] W (Datum 
NAD 1983), located 420 yards north of the New Bern, Twin Span, high rise 
bridge.
    (30) Upper Potomac River, Alexandria, VA, Safety Zone. All waters of 
the Upper Potomac River within a 300 yard radius of the fireworks barge 
in approximate position 38[deg]48[min]37[sec] N, 077[deg]02[min]02[sec] 
W (Datum NAD 1983), located near the waterfront of Alexandria, Virginia.
    (31) Potomac River, Prince William County, VA, Safety Zone. All 
waters of the Potomac River within a 200 yard radius of the fireworks 
barge in approximate position 38[deg]34[min]08[sec] N, 
077[deg]15[min]34[sec] W (Datum NAD 1983), located near Cherry Hill, 
Virginia.
    (32) Chincoteague Channel, Chincoteague, VA, Safety Zone. All waters 
of the Chincoteague Channel within a 360 yard radius of the fireworks 
launch location at the Chincoteague carnival waterfront in approximate 
position 37[deg]55[min]40.3[sec] N, 075[deg]23[min]10.7[sec] W (Datum 
NAD 1983), approximately 900 yards southwest of Chincoteague Swing 
Bridge.
    (33) Atlantic Ocean, Virginia Beach, VA, Safety Zone. All waters of 
the Atlantic Ocean enclosed within a 360 yard radius of the center 
located on the beach at approximate position 36[deg]51[min]34.8[sec] N, 
075[deg]58[min]30[sec] W (Datum NAD 1983).
    (34) Elizabeth River, Southern Branch, Norfolk, VA, Safety Zone: All 
waters of Elizabeth River Southern Branch in an area bound by the 
following points: 36[deg]50[min]54.8[sec] N, 076[deg]18[min]10.7[sec] W; 
thence to 36[deg]51[min]7.9[sec] N, 076[deg]18[min]01[sec] W; thence to 
36[deg]50[min]45.6[sec] N, 076[deg]17[min]44.2[sec] W; thence to 
36[deg]50[min]29.6[sec] N, 076[deg]17[min]23.2[sec] W; thence to 
36[deg]50[min]7.7[sec] N, 076[deg]17[min]32.3[sec] W; thence to 
36[deg]49[min]58[sec] N, 076[deg]17[min]28.6[sec] W; thence to 
36[deg]49[min]52.6[sec] N, 076[deg]17[min]43.8[sec] W; thence to 
36[deg]50[min]27.2[sec] N, 076[deg]17[min]45.3[sec] W thence to the 
point of origin,(Datum NAD 1983).
    (b) Notification. (1) Fireworks barges and launch sites on land in 
paragraph (a) of this section shall have a sign on the port and 
starboard side of the barge or mounted on a post 3 foot above ground 
level when on land and facing the water labeled ``FIREWORKS--DANGER--
STAY AWAY''. This will provide on scene notice that the safety

[[Page 683]]

zone will be enforced on that day. This notice will consist of a diamond 
shaped sign 4 foot by 4 foot with a 3-inch orange retro-reflective 
border. The word ``DANGER'' shall be 10 inch black block letters 
centered on the sign with the words ``FIREWORKS'' and ``STAY AWAY'' in 6 
inch black block letters placed above and below the word ``DANGER'' 
respectively on a white background.
    (2) Coast Guard Captains of the Port in the Fifth Coast Guard 
District will notify the public of the enforcement of these safety zones 
by all appropriate means to effect the widest publicity among the 
affected segments of the public, including publication in the local 
notice to mariners, marine information broadcasts, and facsimile 
broadcasts may be made for these events, beginning 24 to 48 hours before 
the event is scheduled to begin, to notify the public.
    (c) Enforcement period. The safety zones in paragraph (a) of this 
section will be enforced from 5:30 p.m. to 1 a.m. each day a barge with 
a ``FIREWORKS--DANGER--STAY AWAY'' sign on the port and starboard side 
is on-scene or a ``FIREWORKS--DANGER--STAY AWAY'' sign is posted on 
land, in a location listed in paragraph (a) of this section. Vessels may 
not enter, remain in, or transit through the safety zones during these 
enforcement periods unless authorized by the Captain of the Port or 
designated Coast Guard patrol personnel on scene.
    (d) Regulations. (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. Those personnel are compromised of commissioned, warrant, and 
petty officers of the Coast Guard. Other Federal, State and local 
agencies may assist these personnel in the enforcement of the safety 
zone. Upon being hailed by the U.S. Coast Guard vessel by siren, radio, 
flashing light or other means, the operator of a vessel shall proceed as 
directed.
    (e) Definitions.
    Captain of the Port means any Coast Guard commissioned, warrant or 
petty officer who has been authorized by the Captain of the Port to act 
on his or her behalf.
    State or local law enforcement officers mean any State or local 
government law enforcement officer who has the authority to enforce 
State criminal laws.

[CGD05-05-013, 70 FR 24958, May 12, 2005]



Sec. 165.510  Delaware Bay and River, Salem River, Christina River and 
Schuylkill River-Regulated Navigation Area.

    (a) Regulated Navigation Area. The following is a Regulated 
Navigation Area: The navigable waters of Delaware Bay and River, Salem 
River, Christina River, and Schuylkill River, in an area bounded on the 
south by a line drawn across the entrance to the Delaware Bay between 
Cape May Light and Harbor of Refuge Light and then continuing to the 
northernmost extremity of Cape Henlopen, and bounded on the north by a 
line drawn across the Delaware River between Trenton, NJ and 
Morrisville, PA along the southern side of the U.S. Route 1 Bridge.
    (b) Definitions. As used in this section:
    COTP means the Captain of the Port, Philadelphia, PA and any Coast 
Guard commissioned, warrant or petty officer who has been authorized by 
the COTP to act on his or her behalf.
    Dangerous Cargo means those cargoes listed in Sec. 160.203 of this 
chapter when carried in bulk, but does not include cargoes listed in 
Table 1 of 46 CFR part 153.
    Underway means that a vessel is not at anchor, made fast to the 
shore, or aground.
    (c) Applicability. This section applies to any vessel operating 
within the Regulated Navigation Area, including a naval or public 
vessel, except a vessel engaged in:
    (1) Law enforcement;
    (2) Servicing aids to navigation; or
    (3) Surveying, maintaining, or improving waters within the Regulated 
Navigation Area.
    (d) Draft limitation. Unless otherwise authorized by the COTP, no 
vessel with a draft greater than 55 feet may enter this regulated 
navigation area.


[[Page 684]]


    Note: The project depth in many areas of the Regulated Navigation 
Area is less than 55 feet.

    (e) Oil transfer operations. Unless otherwise authorized by the 
COTP, no vessel to vessel oil transfer operations, excluding bunkering, 
may be conducted within the area between the southern boundary of this 
regulated navigation area and the southern span of the Delaware Memorial 
Bridge except within the anchorage ground designated in 110.157(a)(1) of 
this chapter.
    (f) Requirements for vessels carrying dangerous cargoes. The master, 
owner, or operator of a vessel carrying a dangerous cargo shall:
    (1) Notify the COTP at least 72 hours before the vessel enters or 
departs the regulated navigation area and at least 12 hours before the 
vessel moves within the regulated navigation area. The notice must 
include a report of the vessel's propulsion and machinery status and, 
for foreign flag vessels, the notice must include any outstanding 
deficiencies identified by the vessel's flag state or classification 
society;
    (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) Requirements for vessels operating in the vicinity of a vessel 
carrying dangerous cargoes. (1) Except for a vessel that is attending a 
vessel carrying dangerous cargo with permission from the master of the 
vessel carrying dangerous cargo or a vessel that is anchored or moored 
at a marina, wharf, or pier, and which remains moored or at anchor, no 
vessel may, without the permission of the COTP:
    (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.

[[Page 685]]

    (h) Additional restrictions above the C&D Canal. When operating on 
the Delaware River above the C&D Canal:
    (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.

[CGD 05-96-010, 62 FR 40275, July 28, 1997, as amended by USCG-2000-
7223, 65 FR 40058, June 29, 2000]



Sec. 165.511  Security Zone; Atlantic Ocean, Chesapeake & Delaware 
Canal, Delaware Bay, Delaware River and its tributaries.

    (a) Location. A 500-yard radius around escorted passenger vessels in 
the Captain of the Port, Philadelphia zone as defined in 33 CFR 3.25-05.
    (b) Regulations. (1) All persons are required to comply with the 
general regulations governing security zones in Sec. 165.33 of this 
part.
    (2) All persons or vessels operating at the minimum safe speed 
necessary to maintain navigation may transit within 500 yards of an 
escorted passenger vessel without the permission of the Captain of the 
Port Philadelphia, PA or designated representative while the escorted 
passenger vessel is in the Captain of the Port Philadelphia zone.
    (3) No person or vessel may transit or remain within 100 yards of an 
escorted passenger vessel without the permission of the Captain of the 
Port Philadelphia, PA or designated representative while the passenger 
vessel is in the Captain of the Port Philadelphia zone.
    (4) Any person or vessel authorized to enter the security zone must 
operate in strict conformance with any directions given by the Captain 
of the Port Philadelphia, PA or designated representative and leave the 
security zone immediately if the Captain of the Port Philadelphia, PA or 
designated representative so orders.
    (5) When an escorted passenger vessel approaches within 100 yards of 
any vessel that is moored or anchored, the stationary vessel must stay 
moored or anchored while it remains within 100 yards of the passenger 
vessel unless it is either ordered by or given permission by the Captain 
of the Port, Philadelphia or designated representative to do otherwise.
    (6) The Coast Guard 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.
    (c) Maneuver-restricted vessels. When conditions permit, the Captain 
of the Port or designated representative should:
    (1) Permit vessels constrained by their navigational draft or 
restricted in their ability to maneuver to pass within the 100 yards of 
the passenger vessel in order to ensure safe passage in accordance with 
the Navigation Rules as seen in 33 CFR chapter I, subchapters D and E; 
and
    (2) Permit vessels constrained by their navigational draft or 
restricted in their ability to maneuver that must transit via a 
navigable channel or waterway to pass within 100 yards of an anchored 
passenger vessel.
    (d) Definitions. As used in this section--
    Captain of the Port means the Commanding Officer of the Coast Guard 
Marine Safety Office/Group Philadelphia or any Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the Captain of the 
Port to act as a designated representative on his behalf.
    Escort means assets (surface or air) with the Coast Guard insignia 
that accompany and protect the escorted vessel, armed with crew-served 
weapons that are manned and ready.
    Passenger Vessels means vessels greater than 100 feet in length, 
over 100 gross tons that are authorized to carry 500 or more passengers, 
making voyages lasting more than 24 hours, except for ferries.

[CGD05-04-047, 69 FR 56697, Sept. 22, 2004]

[[Page 686]]



Sec. 165.514  Safety Zone: Atlantic Intracoastal Waterway and connecting 
waters, vicinity of Marine Corps Base Camp Lejeune, North Carolina.

    (a) Location. The following area is a safety zone: All waters of the 
Atlantic Intracoastal Waterway (AICW) and connecting waters, from Bogue 
Sound--New River Daybeacon 58 (LLNR 39210) at approximate position 
34[deg]37[min]57[sec] North, 077[deg]12[min]18[sec] West, and continuing 
in the AICW southwest to Bogue Sound--New River Daybeacon 70 (LLNR 
39290) at approximate position 34[deg]33[min]07[sec] North, 
077[deg]20[min]30[sec] West. All coordinates reference Datum: NAD 1983.
    (b) Regulations. 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) General information--(1) Announcements. 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) Camp Lejeune Artillery Operations. Artillery weapons firing over 
the AICW from Marine Corps Base Camp Lejeune will be suspended and 
vessels permitted to transit the specified 2-nautical-mile firing area 
for a 1-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.
    (3) Atlantic Ocean Naval Gunnery live fire operations. Naval gunnery 
live fire operations over the AICW from off shore on the Atlantic Ocean 
may be conducted for periods not to exceed 4 hours, then suspended and 
vessels permitted to transmit the specified two-mile firing area for a 
minimum of one hour before firing may resume. 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.
    (d) Contact information. 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 (877) 229-0770 or (910) 770-2200.

[CGD 05-98-38, 63 FR 58636, Nov. 2, 1998, as amended by USCG-2000-7223, 
65 FR 40058, June 29, 2000; CGD05-03-167, 69 FR 41946, July 13, 2004]



Sec. 165.515  Safety Zone: Cape Fear River, Wilmington, North Carolina.

    (a) Location. The following area is a safety zone:
    (1) The waters of the Cape Fear River bounded by a line connecting 
the following points:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
34[deg]14[min]12[sec] N              77[deg]57[min]10[sec] W
34[deg]14[min]12[sec] N              77[deg]57[min]06[sec] W
34[deg]13[min]54[sec] N              77[deg]57[min]00[sec] W
34[deg]13[min]54[sec] N              77[deg]57[min]06[sec] W
------------------------------------------------------------------------

    (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

[[Page 687]]

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) Definitions. The designated representative of the Captain of the 
Port is any Coast Guard commissioned, warrant, or petty officer who has 
been authorized by the Captain of the Port, Wilmington, North Carolina 
to act on his behalf.
    (c) General information. The Captain of the Port and the Duty 
Officer at the Marine Safety Office, Wilmington, North Carolina, can be 
contacted at telephone number 1-800-325-4956. The Coast Guard Patrol 
Commander and the senior boarding officer on each vessel enforcing the 
safety zone can be contacted on VHF-FM channels 16 and 81.
    (d) Regulation. Except for persons or vessels authorized by the 
Coast Guard Patrol Commander, no person or vessel may enter or remain in 
the regulated area.
    (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) Effective date. The Captain of the Port will issue a Marine 
Safety Information Broadcast and a Notice to Mariners to notify the 
public when this section is in effect.

[59 FR 33200, June 28, 1994, as amended by USCG-2000-7223, 65 FR 40059, 
June 29, 2000]



Sec. 165.518  Security Zone; Waters of the Fifth Coast Guard District.

    (a) Definitions. As used in this section--
    Designated Representative means any U.S. Coast Guard commissioned, 
warrant or petty officer who has been authorized by the District 
Commander or local Captain of the Port (COTP), as defined in 33 CFR part 
3, subpart 3.25, to act on his or her behalf.
    Escorted vessel means a vessel, other than a U.S. naval vessel as 
defined in Sec. 165.2015, that is accompanied by one or more Coast 
Guard assets or Federal, State or local law enforcement agency assets as 
listed below:
    (1) Coast Guard surface or air asset displaying the Coast Guard 
insignia.
    (2) Coast Guard Auxiliary surface asset displaying the Coast Guard 
Auxiliary insignia.
    (3) State and/or local law enforcement asset displaying the 
applicable agency markings and or equipment associated with the agency.
    State and/or local law enforcement officers means any State or local 
government law enforcement officer who has authority to enforce State 
criminal laws.
    (b) Location. The following area is a security zone: 500-yard radius 
around escorted vessels in the navigable waters of the Fifth Coast Guard 
District as defined in 33 CFR 3.25-1, from surface to bottom.
    (c) Regulations. (1) No vessel may approach within 500 yards of an 
escorted vessel within the navigable waters of the Fifth Coast Guard 
District, unless traveling at the minimum speed necessary to navigate 
safely.
    (2) No vessel may enter within a 100-yard radius of an escorted 
vessel within the navigable waters of the Fifth Coast Guard District, 
without approval from the District Commander, Captain of the Port or 
their designated representatives.
    (3) Moored or anchored vessels, which are overtaken by a moving 
zone, must remain stationary at their location until the escorted vessel 
maneuvers at least 500 yards past.
    (4) Vessels restricted in their ability to maneuver may request 
permission of the District Commander, Captain of the Port or designated 
representative to enter the security zone in order to ensure safe 
passage in accordance with the Navigation Rules in 33 CFR chapter I, 
subparts D and E.
    (5) The local COTP may notify the maritime and general public by 
marine information broadcast of the periods during which individual 
security zones

[[Page 688]]

have been activated by providing notice in accordance with 33 CFR 165.7.
    (6) When moored, a security zone around an escorted vessel may also 
be enforced by Coast Guard, State or Local law enforcement personnel 
shoreside.
    (7) Persons desiring to transit within 100 yards of an escorted 
vessel in the Fifth Coast Guard District must contact the local Captain 
of the Port on VHF channel 16 (156.800 MHz), VHF channel 13 (156.650 
MHz) or at telephone numbers:

Philadelphia: (215) 271-4807
Baltimore: (410) 576-2693
Hampton Roads: (757) 668-5555 or (757) 484-8192
Wilmington: (910) 772-2200 or (910) 254-1500

    (8) If permission is granted to transit within 100 yards of an 
escorted vessel, all persons and vessels must comply with the 
instructions of the District Commander, Captain of the Port or their 
designated representative.

[CGD05-04-171, 70 FR 11551, Mar. 9, 2005]



Sec. 165.530  Safety Zone: Cape Fear and Northeast Cape Fear Rivers, NC.

    (a) Location. The following area is a moving safety zone during the 
specified conditions: The waters of the Cape Fear and Northeast Cape 
Fear Rivers for 500 yards ahead and astern, and 75 yards abeam of a 
vessel carrying hazardous materials when designated by the Captain of 
the Port Wilmington, North Carolina.
    (b) General Information. (1) The Captain of the Port and the Duty 
Officer at the Marine Safety Office, Wilmington, North Carolina, can be 
contacted at telephone number 1-800-325-4956. The Coast Guard Patrol 
Commander enforcing the safety zone can be contacted on VHF-FM channels 
16 and 81.
    (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) Regulation. The general regulations governing safety zones 
contained in Sec. 165.23 apply.

[COTP Wilmington, NC 94-004, 59 FR 42759, Aug. 19, 1994, as amended by 
USCG-2000-7223, 65 FR 40059, June 29, 2000]



Sec. 165.535  Safety Zone: Atlantic Ocean, Vicinity of Cape Henlopen 
State Park, Delaware.

    (a) Location. The following area is a safety zone: All waters of the 
Atlantic Ocean within the area bounded by a line drawn north from the 
tip of Cape Henlopen located at latitude 38[deg]48.2[min] N, longitude 
75[deg]05.5[min] W, to a point located at latitude 38[deg]49.4[min] N, 
longitude 75[deg]05.5[min] W; thence east to a point located at latitude 
38[deg]49.4[min] N, longitude 75[deg]01.4[min] W; thence south to a 
point located at latitude 38[deg]43.0[min] N, longitude 75[deg]01.4[min] 
W; thence west to a point on the shoreline located at latitude 
38[deg]43.0[min] N, longitude 75[deg]04.5[min] W; thence north following 
the shoreline, to a point located at latitude 38[deg]48.2[min] N, 
longitude 75[deg]05.5[min] W. All coordinate refer to Datum: NAD 1983.
    (b) Regulation. The general regulations governing safety zones 
contained in Sec. 165.23 apply. Vessels may not enter the safety zone 
without first obtaining permission from the Captain of the Port (COTP) 
Philadelphia.
    (c) Dates. This section is enforced annually on the second Saturday 
in May and the following day.
    (d) General information. (1) Those times during which hazardous 
conditions exist inside the safety zone will be announced by Broadcast 
Notice to Mariners. General permission to enter the safety zone will be 
broadcast during non-hazardous times.
    (2) You can gain access to the safety by calling Group Atlantic City 
command center at telephone number (609) 677-2222 and on VHF channel 13 
or 16.
    (3) The COTP Philadelphia may authorize and designate any Coast 
Guard commissioned, warrant, or petty officer to act on his behalf in 
enforcing this safety zone.

[CGD05-98-043, 69 FR 28827, May 19, 2004]

[[Page 689]]



Sec. 165.540  Regulated Navigation Area; Cape Fear River, Northeast Cape 
Fear River, Wilmington, North Carolina.

    (a) Description of the Regulated Navigation Area (RNA). The RNA 
encompasses all waters of the Cape Fear River and Northeast Cape Fear 
River from the intersection of Bald Head Shoal Channel and Smith Island 
Channel (centerline coordinates Latitude 33[deg]52[min]24.028[sec] N, 
Longitude 78[deg]00[min]29.624[sec] W (NAD 83)) to mile 26.7 on the 
Northeast Cape Fear River.
    (b) Work areas. Dredging work within the RNA will be conducted in 
five distinct areas: Ocean Bar II, Horseshoe Shoal, Passing Lane & 
Anchorage Basin, Big Island, and the Northeast Cape Fear River. Drilling 
or blasting is expected to occur within the Passing Lane & Anchorage 
Basin, Big Island, and the Northeast Cape Fear River work areas. The 
blast sites within the RNA, will be identified and made available to the 
public through: Broadcast Notices to Mariners or Local Notices to 
Mariners (Local Notices to Mariners are available on-line at 
www.navcen.uscg.gov/lnm/d5/); direct contact with the control vessel on 
channel 16 VHF-FM; direct contact with the contractor; or through the 
Captain of the Port on VHF marine Band Radio, channels 13 and 16; or at 
telephone number (910) 772-2200. In addition, dredge and blasting 
companies will have a control vessel present at the site of each blast.
    (c) Enforcement period. This section will be enforced during the 
months of August, September, October, November, December, and January, 
each year. This rule will expire on January 31, 2006.
    (d) Definitions.
    Active work area means a work area in which blasting, drilling, or 
dredging operations are currently taking place.
    Blast site means the area where explosive material is handled during 
loading, including the perimeter formed by the loaded blast holes and 
fifty (50) feet (15.2 meters) in all directions from loaded holes.
    Blasting operations means the detonation of explosives on the river 
bottom.
    Captain of the Port means the Coast Guard officer designated by the 
Commandant to command the Captain of the Port Zone as described in 33 
CFR 3.25-20.
    Control vessel means the vessel at an active work area which 
coordinates operations within the active work area.
    Hangfire means a blast that fails to detonate at initiation, but 
detonates at a later time.
    Mile means measured as nautical miles.
    Misfire means a blast that fails to detonate completely after an 
attempt at initiation, also the explosive material that failed to 
detonate as planned.
    RNA means Regulated Navigation Area.
    Work area means those places within the RNA where dredging, 
drilling, and blasting shall be conducted.
    (e) Description of work areas in the RNA. (1) Ocean Bar II, mouth of 
Cape Fear. The work area includes: Part of Bald Head Shoal Channel, 
Smith Island Channel, Baldhead Caswell Channel, Southport Channel, 
Battery Island Channel, Lower Swash Channel, and the majority of Snows 
Marsh Channel. The downstream end of the work area (centerline 
coordinates: Latitude 33[deg] 50[min]43.668[sec] N, Longitude 78[deg] 
01[min]40.068[sec] W (NAD 1983)) is located southeast of Cape Fear River 
Channel Lighted Buoy 8 (LL 30350), approximately 2,560 feet east of the 
centerline of the existing Bald Head Shoal Channel. Upstream end of the 
work area is located 1,200 feet downstream of the intersection of Snows 
Marsh Channel and Horseshoe Shoal Channel at turn six (mile 6.5, 
approximately 1,150 feet downstream of Cape Fear River Channel Lighted 
Buoy 25 (LL 30530/39965)).
    (2) Horseshoe Shoal. The work area includes: Horseshoe Shoal Channel 
and part of Snows Marsh Channel. Downstream end of the work area is 
located 1,200 feet downstream of the intersection of Snows Marsh Channel 
and Horseshoe Shoal Channel (mile 6.5, approximately 1,150 feet 
downstream of Cape Fear River Channel Lighted Buoy 25 (LL 30530/39965)). 
Upstream end of the work area is located at 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)).

[[Page 690]]

    (3) Big Island. The work area includes: Part of Keg Island Channel, 
Lower Big Island Channel, Upper Big Island Channel, and part of Lower 
Brunswick Channel. Downstream end of the work area is approximately 
2,230 feet upstream of the 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 Fear River Channel Lighted Buoy 44 (LL 
30750)). Upstream end of the 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 Carolina Power & Light Company (CP&L) overhead power line 
crossing).
    (4) Passing Lane and Anchorage Basin. There are two separate work 
areas for this contract, separated by the Big Island Contract.
    (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 Fear River Channel Lighted 
Buoy 44 (LL 30750)).
    (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) Northeast Cape Fear River. The downstream end of the work area 
is the Cape Fear Memorial Bridge (mile 23.6). Upstream end of the work 
area (approximately mile 26.7) is on the Northeast Cape Fear River and 
is approximately 700 feet upstream of the turning basin located opposite 
Koch Sulfur Products Co. and approximately 90 feet downstream of the 
submerged gas pipeline crossing.
    (f) Regulations. (1) Blasting, drilling, and dredging operations 
raise many safety issues for vessels transiting the RNA. All mariners 
are reminded to exercise caution while transiting or operating in the 
RNA.
    (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 
www.navcen.uscg.gov/lnm/d5/. Control vessels shall monitor channel 16 
VHF-FM.
    (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.

[[Page 691]]

    (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.

[CGD05-01-006, 66 FR 39099, July 27, 2001]



Sec. 165.552  Security Zone; Oyster Creek Generation Station, Forked 
River, Ocean County, New Jersey.

    (a) Location. The following area is a security zone: Starting at the 
south branch of the Forked River in the vicinity of the Oyster Creek 
Generation Station, bounded by a line beginning at 
39[deg]49[min]12.0[sec] N, 074[deg]12[min]13.0[sec] W; thence to 
39[deg]48[min]39.7[sec] N, 074[deg]12[min]0[sec] W; along the shoreline, 
thence to 39[deg]48[min]40.0[sec] N, 074[deg]12[min]0.3[sec] W; thence 
to 39[deg]49[min]11.8[sec] N, 074[deg]12[min]10.5[sec] W; thence back 
along the shoreline to the beginning point. All coordinates reference 
Datum: NAD 1983.
    (b) Regulations. (1) All persons are required to comply with the 
general regulations governing security zones in Sec. 165.33 of this 
part.
    (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 
zones 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) Definitions. For the purposes of this section, Captain of the 
Port means the Commanding Officer of the Coast Guard Marine Safety 
Office/Group Philadelphia, or any Coast Guard commissioned, warrant, or 
petty officer who has been authorized by the Captain of the Port to act 
as a designated representative on his behalf.

[CGD05-03-111, 69 FR 5284, Feb. 4, 2004]



Sec. 165.553  Security Zone; Salem and Hope Creek Generation Stations, 
Delaware River, Salem County, New Jersey.

    (a) Location. The following area is a security zone: the waters of 
the Delaware River in the vicinity of the Salem and Hope Creek 
Generation Stations bounded by a line drawn from a point located at 
39[deg]28[min]08.0[sec] N, 075[deg]32[min]31.7[sec] W to 
39[deg]28[min]06.5[sec] N, 075[deg]32[min]47.4[sec] W, thence to 
39[deg]27[min]28.4[sec] N, 075[deg]32[min]15.8[sec] W, thence to 
39[deg]27[min]28.8[sec] N, 075[deg]31[min]56.6[sec] W, thence to 
39[deg]27[min]39.9[sec] N, 075[deg]31[min]51.6[sec] W, thence along the 
shoreline to the point of 39[deg]28[min]08.0[sec] N, 
075[deg]32[min]31.7[sec] W. All coordinates reference Datum: NAD 1983.

[[Page 692]]

    (b) Regulations. (1) All persons are required to comply with the 
general regulations governing security zones in Sec. 165.33 of this 
part.
    (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 
zones 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) Definitions. For the purposes of this section, Captain of the 
Port means the Commanding Officer of the Coast Guard Marine Safety 
Office/Group Philadelphia, or any Coast Guard commissioned, warrant, or 
petty officer who has been authorized by the Captain of the Port to act 
as a designated representative on his behalf.

[CGD05-03-113, 69 FR 5279, Feb. 4, 2004]



Sec. 165.554  Security Zone; Three Mile Island Generating Station, 
Susquehanna River, Dauphin County, Pennsylvania.

    (a) Location. The following area is a security zone: the waters of 
the Susquehanna River in the vicinity of the Three Mile Island 
Generating Station bounded by a line beginning at 
40[deg]09[min]14.74[sec] N, 076[deg]43[min]40.77[sec] W; thence to 
40[deg]09[min]14.74[sec] N, 076[deg]43[min]42.22[sec] W, thence to 
40[deg]09[min]16.67[sec] N, 076[deg]43[min]42.22[sec] W, thence to 
40[deg]09[min]16.67[sec] N, 076[deg]43[min]40.77[sec] W; thence back to 
the beginning point 40[deg]09[min]14.74[sec] N, 
076[deg]43[min]40.77[sec] W. All coordinates reference Datum: NAD 1983.
    (b) Regulations. (1) All persons are required to comply with the 
general regulations governing security zones in Sec. 165.33 of this 
part.
    (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. The Security 
Manager at Three Mile Island can be contacted at (717) 948-8208 or (717) 
948-8039.
    (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) Definitions. For the purposes of this section, Captain of the 
Port means the Commanding Officer of the Coast Guard Marine Safety 
Office/Group Philadelphia, Coast Guard commissioned, warrant, or petty 
officer who has been authorized by the Captain of the Port to act as a 
designated representative on his behalf.

[CGD05-03-116, 69 FR 46103, Aug. 2, 2004]

                      Seventh Coast Guard District



Sec. 165.T07-042  Security Zone; HOVENSA Refinery, St. Croix, U.S. 
Virgin Islands.

    (a) Location. The following area is a security zone: All waters from 
surface to bottom, encompassed within a line connecting the following 
coordinates:17[deg]41[min]31[sec] N, 64[deg]45[min]09[sec] W, to 
17[deg]39[min]36[sec] N, 64[deg]44[min]12[sec] W, to 
17[deg]40[min]00[sec] N, 64[deg]43[min]36[sec] W, to 
17[deg]41[min]48[sec] N, 64[deg]44[min]25[sec] W, and then back to the 
point of origin.
    (b) Regulations. In accordance with the general regulations in Sec. 
165.33 of this part, with the exception of vessels that have an arrival 
scheduled with the HOVENSA Facility, no vessel may enter the regulated 
area unless specifically authorized by the Captain of the Port (COTP) 
San Juan or a Coast Guard commissioned, warrant, or petty officer 
designated by COTP San Juan.

[[Page 693]]

The Captain of the Port will notify the public of any changes in the 
status of this zone by Marine Safety Radio Broadcast on VHF Marine Band 
Radio, Channel 16 (156.8 Mhz). The Captain of the Port San Juan can be 
reached on VHF Marine Band Radio, Channel 16 (156.8 Mhz) or by calling 
(787) 289-2040, 24-hours-a-day, 7-days-a-week. The HOVENSA Facility Port 
Captain can be reached on VHF Marine Band Radio channel 11 (156.6 Mhz) 
or by calling (340) 692-3488, 24-hours-a-day, 7-days-a-week.
    (c) Dates. This section is effective from May 15, 2005, until 
November 15, 2005.

[CGD07-05-042, 70 FR 29201, May 20, 2005]

    Effective Date Note: By CGD07-05-042, 70 FR 29201, May 20, 2005, 
Sec. 165.T07-042 was added, effective May 15, 2005 until Nov. 15, 2005.



Sec. 165.T07-146  Regulated Navigation Area, San Carlos Bay, Florida.

    (a) Regulated Area. The following area is a regulated navigation 
area (RNA): the waters bounded by the following points: NW Corner: 
26[deg]28[min]59[sec] N, 082[deg]00[min]54[sec] W; NE Corner: 
26[deg]28[min]59[sec] N, 082[deg]00[min]52[sec] W; SE Corner: 
26[deg]28[min]57[sec] N, 082[deg]00[min]51[sec] W; SW Corner: 
26[deg]28[min]57[sec] N, 082[deg]00[min]53[sec] W.
    (b) Regulations. (1) A vessel in the RNA established under paragraph 
(a) of this section will operate at no-wake speed. Nothing in this rule 
is to be construed as to negate the requirement to at all times operate 
at a safe speed as provided in the Navigation Rules and Regulations.
    (2) A one-way traffic scheme is established. Vessel traffic may 
proceed in one direction at a time through the RNA. Overtaking is 
prohibited.
    (3) Tugs with barges must be arranged in a push-ahead configuration 
with the barges made up in tandem. Tugs must be of adequate horsepower 
to maneuver the barges. Tug and barge traffic may transit the RNA at 
slack water only.
    (4) Stern tows are prohibited except for assistance towing vessels, 
subject to conditions. Side tows are authorized. Assistance towing 
vessels may conduct stern tows of disabled vessels that are less than or 
equal to 30 feet in length. For vessels that are greater than 30 feet in 
length, assistance towing vessels may use a towing arrangement in which 
one assistance towing vessel is in the lead, towing the disabled vessel, 
and another assistance towing vessel is astern of the disabled vessel. 
All assistance towing vessels operating within the regulated navigation 
area must be of adequate horsepower to maneuver the vessel under tow and 
the transit must be at slack water only.
    (c) Definitions. The following definitions apply to this section:
    Assistance towing means assistance provided to disabled vessels.
    Assistance towing vessels means commercially registered or 
documented vessels that have been specially equipped to provide 
commercial services in the marine assistance industry.
    Disabled vessel means a vessel, which while being operated, has been 
rendered incapable of proceeding under its own power and is in need of 
assistance.
    Overtaking means a vessel shall be deemed to be overtaking when 
coming up with another vessel from a direction more than 22.5 degrees 
abaft her beam, that is, in such a position with reference to the vessel 
she is overtaking, that at night she would be able to see only the stern 
light of the vessel but neither of her sidelights.
    Slack water means the state of a tidal current when its speed is 
near zero, especially the moment when a reversing current changes 
direction and its speed is zero. The term also is applied to the entire 
period of low speed near the time of turning of the current when it is 
too weak to be of any practical importance in navigation.
    Vessel means every description of watercraft, including non-
displacement craft and seaplanes, used or capable of being used as a 
means of transportation on the water.
    (d) Violations. Persons in violation of these regulations will be 
subject to civil penalty under 33 U.S.C. 1232 of this part, to include a 
maximum civil penalty of $32,500 per violation.
    (e) Effective period. This section is effective from 11:59 p.m. on 
November 28, 2004, until 8 a.m. on November 28, 2005.

[CGD07-04-146, 69 FR 70376, Dec. 6, 2004]

    Effective Date Note: By CGD07-04-146, 69 FR 70376, Dec. 6, 2004, 
Sec. 165.T07-146 was added,

[[Page 694]]

effective from 11:59 p.m. on November 28, 2004, until 8 a.m. on November 
28, 2005.



Sec. 165.701  Vicinity, Kennedy Space Center, Merritt Island, 
Florida--security zone.

    (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[deg]24[min]33[sec] N., 
80[deg]39[min]48[sec] W.; then due west along the northern shoreline of 
the barge canal for 1,300 yards; then due north to 28[deg]28[min]42[sec] 
N., 80[deg]40[min]30[sec] 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[deg]30[min]54[sec] N., 80[deg]43[min]42[sec] 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[deg]31[min]30[sec] N., 
80[deg]43[min]48[sec] 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[deg]31[min]36[sec] N., 80[deg]43[min]42[sec] W., then 
northwest along the shoreline to 28[deg]41[min]01.2[sec] N., 
80[deg]47[min]10.2[sec] 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[deg]44[min]42[sec] N., 80[deg]37[min]51[sec] 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[deg]24[min]36[sec] N., 80[deg]38[min]42[sec] 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[deg]30.95[min] N., 80[deg]37.6[min] 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[deg]35[min]00[sec] N., 
80[deg]34[min]36[sec] W., and from a 90-foot pole near the shoreline at 
approximately 28[deg]25[min]18[sec] N., 80[deg]35[min]00[sec] W. 
Appropriate Local Notices to Mariners will also be broadcast on 2670 
KHZ.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 7-82-10, 48 FR 
11696, Mar. 21, 1983; USCG-1998-3799, 63 FR 35532, June 30, 1998]



Sec. 165.703  Tampa Bay, Florida--Safety Zone.

    (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 includes, in addition to the area in paragraph (a)(1) of 
this section, Hillsborough Cut ``D'' Channel to the southern tip of 
Harbor Island.
    (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

[[Page 695]]

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 
Sec. 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.

[CGD7-85-32, 51 FR 28382, Aug. 7, 1986 as amended by CGD07-87-07, 52 FR 
31763, Aug. 24, 1987; 65 FR 9221, Feb. 24, 2000]



Sec. 165.704  Safety Zone; Tampa Bay, Florida.

    (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 Hillsborough Cut ``C'', Port Sutton Entrance 
Channel, and ends at the Port Sutton LPG facility.
    (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,

[[Page 696]]

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 
Sec. 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 (\1/2\) hour from the scheduled time 
stated in the broadcast Notice to Mariners, the person directing the 
movement of the LPG vessel shall obtain permission from Captain of the 
Port Tampa before commencing the transit.
    (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.

[COTP Tampa 00-054, 66 FR 14489, Mar. 13, 2001]



Sec. 165.T0704  Safety Zone: Savannah River, Savannah, Georgia.

    (a) Location. The following area is a safety zone: Two hundred foot 
radius around Garden City Terminal, approximate position 32 degrees 8 
minutes, N, 81 degrees 9.5 minutes W, and around all cargo ships loaded 
with military equipment and transiting the Savannah River.
    (b) Effective dates. This regulation becomes effective at 12 p.m. 14 
December 1990 until terminated by the Captain of the Port, Savannah, GA.
    (c) Regulation. In accordance with the general regulations in Sec. 
165.23 of this part, entry into the zone is subject to the following 
requirements.
    (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.

[[Page 697]]

    (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.

[Reg. 90-129, 55 FR 52272, Dec. 21, 1990]

    Effective Date Note: At 55 FR 52272, Dec. 21, 1990, Sec. 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.



Sec. 165.705  Port Canaveral Harbor, Cape Canaveral, Florida.

    (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[deg]24[min]36[sec] 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.

[CGD7 87-38, 53 FR 38718, Oct. 3, 1988; CGD7 87-38, 54 FR 611, Jan. 9, 
1989; CGD7 89-21, 54 FR 26198, June 22, 1989]



Sec. 165.708  Safety/Security Zone; Charleston Harbor and Cooper River, 
Charleston, SC.

    (a) Regulated Area. The following boundaries are established as a 
safety and security zone during specified conditions:
    (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 Sec. Sec. 165.23 and 165.33 apply.

[COTP Charleston 96-034, 61 FR 68156, Dec. 27, 1996]



Sec. 165.711  Safety Zone: Port Everglades, Fort Lauderdale, FL.

    (a) Regulated Area. A moving safety zone is established in the 
following area:
    (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[deg]05.5[min] N, 80[deg]04.8[min] W and 
continuing until the vessel is safely moored in approximate position 
26[deg]04.9[min] N, 80[deg]06.9[min] W.

[[Page 698]]

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[deg]04.9[min]N, 80[deg]06.9[min]W, and continuing until the 
stern passes the Port Everglades Sea Buoy, in approximate position 
26[deg]05.5[min] N, 80[deg]04.8[min] W. All coordinates referenced use 
datum: NAD 83.
    (b) Regulations. (1) No person or vessel may enter, transit, or 
remain in the safety zone unless authorized by the Captain of the Port, 
Miami, Florida, or a Coast Guard commissioned, warrant, or petty officer 
designated by him.
    (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.

[COTP MIAMI 96-054, 62 FR 32201, June 13, 1997]



Sec. 165.714  Regulated Navigation Area; Atlantic Ocean, Charleston, SC.

    (a) Location. The following area is a Regulated Navigation Area: A 
trapezoid at the water surface, and the entire water column from surface 
to seabed inclusive of the vessel, bounded by the following four 
coordinates:

------------------------------------------------------------------------
                                    Latitude              Longitude
------------------------------------------------------------------------
Western boundary............  32[deg]42[min]56[sec  79[deg]47[min]34[sec
                               ] N                   ] W
Southern boundary...........  32[deg]42[min]32[sec  79[deg]46[min]42[sec
                               ] N                   ] W
Eastern boundary............  32[deg]43[min]26[sec  79[deg]45[min]27[sec
                               ] N                   ] W
Northern boundary...........  32[deg]43[min]56[sec  79[deg]46[min]08[sec
                               ] N                   ] W
------------------------------------------------------------------------

    (NAD 83)
    (b) Regulations. In accordance with the general regulations in Sec. 
165.23 of this part, all vessels and persons are prohibited from 
anchoring, diving, laying cable or conducting salvage operations in this 
zone except as authorized by the Captain of the Port.

[CGD 07-95-054, 60 FR 45047, Aug. 30, 1995]



Sec. 165.720  Safety/Security Zone: St. Johns River, Jacksonville, FL.

    (a) Location. The water and the land within the following boundaries 
are established as a safety and security zone during specified 
conditions:
    (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) Regulations. (1) For public notice, the zone described in 
paragraph (a)(1) of this section is effective beginning 11 December 1990 
and will remain in force until cancelled by the Captain of the Port 
Jacksonville, Florida.
    (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 meeting situations 
will be allowed during specified vessel transits.
    (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

[[Page 699]]

operating within the safety/security zone.

[COTP Jacksonville, FL Reg. 90-124, 55 FR 51700, Dec. 17, 1990]



Sec. 165.721  Safety Zone: St. Johns River, Jacksonville, FL.

    (a) Location. The following area is established as a safety zone 
during the specified conditions: The waters within a 500 yard radius of 
the fireworks barge or barges during the storage, preparation, and 
launching of fireworks in the St. Johns River between the Hart and 
Acosta Bridges.
    (b) Effective dates. This section becomes effective upon activation 
by the Captain of the Port by the broadcasting of a local Notice to 
Mariners on appropriate VHF-FM radio frequencies. It terminates at the 
conclusion of the fireworks display unless terminated earlier by the 
Captain of the Port.
    (c) Regulations. (1) In accordance with the general regulations in 
165.23 of this part, anchoring, mooring or transiting in this zone is 
prohibited unless authorized by the Captain of the Port or District 
Commander.
    (2) This regulation does not apply to authorized law enforcement 
agencies operating within the Safety Zone.

[COTP Jacksonville Reg. 94-027, 59 FR 55584, Nov. 8, 1994]



Sec. 165.722  Security Zone: St. Johns River, Jacksonville, Florida.

    (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[deg]14[min]39.5[sec] 
N, 81[deg]40[min]45[sec] W; thence northeasterly to 
30[deg]14[min]42[sec] N, 81[deg]40[min]42[sec] 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[deg]13[min]00[sec] N, 81[deg]40[min]23.5[sec] W; thence southwesterly 
in a straight line to position 30[deg]12[min]14[sec] N, 
81[deg]40[min]42[sec] W; thence southerly, remaining 400[min] seaward of 
the mean high water shoreline to 30[deg]11[min]40[sec] N, 
81[deg]41[min]15.5[sec] 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[deg]11[min]42.30[sec] N, 
81[deg]41[min]23.66[sec] 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 Sec. 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 Sec. 165.33 remain applicable.
    (c) This regulation does not apply to Coast Guard vessels and 
authorized law enforcement vessels operating within the Security Zone.

[COTP Jacksonville Reg. 93-115, 60 FR 65571, Dec. 20, 1995]



Sec. 165.726  Regulated Navigation Areas; Miami River, Miami, Florida.

    (a) Location. The following are Regulated Navigation Areas:
    (1) All the waters of the Miami River, Miami, Florida, from the 
Brickell Avenue Bridge, in approximate position 25[deg]46[min]19[sec] N, 
80[deg]11[min]4[sec] W, inland to the South Florida Water Management 
District's salinity dam in approximate position 25[deg]48[min]4[sec] N, 
80[deg]15[min]6[sec] W.
    (2) The Tamiami Canal from its intersection with the Miami river in 
approximate position 25[deg]47[min]7[sec] N, 80[deg]14[min]7[sec] W to 
the N.W. 37th Avenue bridge in approximate position 25[deg]48[min]5[sec] 
N, 80[deg]15[min]5[sec] W. All coordinates referenced use datum: NAD 83.
    (b) Regulations. The restrictions in this paragraph apply to vessels 
operating within the regulated navigation areas in paragraph (a) of this 
section unless authorized to deviate by the Captain of the Port, Miami, 
Florida, or a Coast Guard commissioned, warrant, or petty officer 
designated by him.
    (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.

[[Page 700]]

    (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) Enforcement. Violations of these regulated navigation areas 
should be reported to the Captain of the Port, Miami. Persons in 
violation of these regulations will be subject to civil penalty under 
Sec. 165.13(b) of this part.

[CGD07-97-019, 62 FR 50512, Sept. 26, 1997]



Sec. 165.728  Jacksonville, Florida--safety zones.

    (a) The water, land, and land and water within the following 
boundaries are established as safety zones during the specified 
conditions:
    (1) Zone A. 200 yards in all directions around any specified 
Maritime Prepositioned Ship as it transits between the St. Johns River 
entrance sea buoy (STJ) and its berth inside the Mayport Basin (Ribault 
Bay), Mayport, Florida. The prescribed safety zone will also be in 
effect as the vessel transits to its berth at Blount Island Marine 
Terminal, Jacksonville, Florida.
    (2) Zone B. 100 yards in all directions on land and 200 yards on 
water from the eastern end of Transit Shed 2 to the east shore 
of Alligator Creek at Blount Island Terminal, Jacksonville, Florida.
    (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[deg]23[min]34[sec], longitude 81[deg]30[min]52[sec] and the 
southeasterly most shore point latitude 30[deg]23[min]38[sec], longitude 
81[deg]30[min]36[sec].
    (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.

[CGD7 87-15, 52 FR 23442, June 22, 1987, as amended by CGD7 91-33, 56 FR 
22826, May 17, 1991]



Sec. 165.729  Jacksonville Harbor, Florida--security zone.

    (a) The water, land, and land and water within the following 
boundaries are established as security zones during the specified 
conditions:
    (1) Zone A. 200 yards in all directions around any specified 
Maritime Prepositioned Ship as it transits between the St. Johns River 
entrance sea buoy (STJ) and its berth inside the Mayport Naval Basin 
(Ribault Bay), Mayport, Florida. The prescribed security zone will also 
be in effect as the vessel transits to its berth at Blount Island Marine 
Terminal, Jacksonville, Florida.
    (2) Zone B. 100 yards in all directions on land and 200 yards on 
water from the eastern end of Transit Shed 2 to the east shore 
of Alligator Creek at

[[Page 701]]

Blount Island Terminal, Jacksonville, Florida.
    (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[deg]23[min]34[sec], longitude 81[deg]30[min]52[sec] and the 
southeasterly most shore point latitude 30[deg]23[min]38[sec], longitude 
81[deg]30[min]36[sec].
    (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.

[CGD7 87-16, 52 FR 23443, June 22, 1987, as amended by CGD7 91-34, 56 FR 
22827, May 17, 1991]



Sec. 165.730  King's Bay, Georgia--Regulated navigation area.

    Vessels transiting in the water bounded by the line connecting the 
following points must travel no faster than needed for steerageway:

Latitude                             Longtitude
30[deg]48[min]00.0[sec] N            081[deg]29[min]24.0[sec] W
30[deg]46[min]19.5[sec] N            081[deg]29[min]17.0[sec] W
30[deg]47[min]35.0[sec] N            081[deg]30[min]16.5[sec] W
and thence to the point of beginning
 


[CGD7 92-41, 58 FR 38057, July 15, 1993]



Sec. 165.731  Safety/Security Zone: Cumberland Sound, Georgia and St. 
Marys River Entrance Channel.

    (a) Location. A permanent safety/security zone is established within 
the following coordinates, the area enclosed by a line starting at 
30[deg]44[min]55[sec] N, 081[deg]29[min]39[sec] W; thence to 
30[deg]44[min]55[sec] N, 081[deg]29[min]18[sec] W; thence 
to30[deg]46[min]35[sec] N, 081[deg]29[min]18[sec] W; thence to 
30[deg]47[min]02[sec] N, 081[deg]29[min]34[sec] W; thence to 
30[deg]47[min]21[sec] N, 081[deg]29[min]39[sec] W; thence 
to30[deg]48[min]00[sec] N, 081[deg]29[min]42[sec] W; thence to 
30[deg]49[min]07[sec] N, 081[deg]29[min]56[sec] W; thence to 
30[deg]49[min]55[sec] N, 081[deg]30[min]35[sec] W; thence 
to30[deg]50[min]15[sec] N, 081[deg]31[min]08[sec] W; thence to 
30[deg]50[min]14[sec] N, 081[deg]31[min]30[sec] W; thence to 
30[deg]49[min]58[sec] N, 081[deg]31[min]45[sec] W; thence 
to30[deg]49[min]58[sec] N, 081[deg]32[min]03[sec] W; thence to 
30[deg]50[min]12[sec] N, 081[deg]32[min]17[sec] W; thence following the 
land based perimeter boundary to the point of origin.
    (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 [sec] 1[sec] at the mouth of the Amelia 
River demarks the southern boundary; day marker number [sec] 2[sec] 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) Regulations. (1) The Captain of the Port, Jacksonville, Florida 
will activate the temporary safety/security zone described in paragraph 
(b) of this section by issuing a local broadcast notice to mariners.
    (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 or vessel may enter 
or remain within the designated zones without the permission of the 
Captain of the Port, Jacksonville, Florida.
    (4) This regulation does not apply to persons or vessels operating 
under the authority of the United States Navy

[[Page 702]]

nor to authorized law enforcement agencies.

[COTP Jacksonville Reg. 90-94, 55 FR 42374, Oct. 19, 1990]



Sec. 165.752  Sparkman Channel, Tampa, Florida--regulated navigation area.

    (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):

----------------------------------------------------------------------------------------------------------------
        Latitude                 Longitude                          Latitude                  Longitude
----------------------------------------------------------------------------------------------------------------
1:
    27[deg]56[min]20.5[s  082[deg]26[min]42.0[Sec. to   27[deg]56[min]19.3[sec  82[deg]26[min]37.5[sec] W
     ec] N.                ] W.                               ] N.
2:
    27[deg]55[min]32.0[s  082[deg]26[min]54.0[Sec. to   27[deg]55[min]30.9[sec  82[deg]26[min]49.1[sec] W
     ec] N.                ] W.                               ] N.
----------------------------------------------------------------------------------------------------------------

    (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.

[CGD7 90-52, 56 FR 36005, July 30, 1991, as amended by USCG-1998-3799, 
63 FR 35532, June 30, 1998]



Sec. 165.753  Regulated navigation area; Tampa Bay, Florida.

    (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 the English language and will contain the following information:
    (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.

[CGD07-94-094, 60 FR 58519, Nov. 28, 1995]



Sec. 165.754  Safety Zone: San Juan Harbor, San Juan, PR.

    (a) Regulated Area. A moving safety zone is established in the 
following area:

[[Page 703]]

    (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) Regulations. (1) No person or vessel may enter, transit or 
remain in the safety zone unless authorized by the Captain of the Port, 
San Juan, Puerto Rico, or a designated Coast Guard commissioned, 
warrant, or petty officer.
    (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.

[COTP SAN JUAN 97-045, 63 FR 27681, May 20, 1998, as amended by USCG-
2001-9286, 66 FR 33641, June 25, 2001]



Sec. 165.755  Safety Zone; Guayanilla, Puerto Rico

    (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[deg]56.0[min] 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 Eco-
Electrica waterfront facility or south of Latitude 17[deg]56.0[min] N.
    (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[deg]58.55[min] N, 066[deg]45.3[min] 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.

[COTP San Juan 00-095, 66 FR 16870, Mar. 28, 2001]

[[Page 704]]



Sec. 165.756  Regulated Navigation Area; Savannah River, Georgia.

    (a) Regulated Navigation Area (RNA). The Savannah River between Fort 
Jackson (32[deg]04.93[min] N, 081[deg]02.19[min] W) and the Savannah 
River Channel Entrance Sea Buoy is a regulated navigation area. All 
coordinates are North American Datum 1983.
    (b) Definitions. The following definitions are used in this section:
    Bollard pull is an industry standard used for rating tug 
capabilities and is the pulling force imparted by the tug to the 
towline. It means the power that an escort tug can apply to its working 
line(s) when operating in a direct mode.
    Direct Mode is a towing technique which is defined as a method of 
operation by which a towing vessel generates towline forces by thrust 
alone at an angle equal to or nearly equal to the towline, or thrust 
forces applied directly to the escorted vessel's hull.
    Indirect Mode is a towing technique that, for the purpose of this 
section, is defined as a method of operation by which an escorting 
towing vessel generates towline forces by a combination of thrust and 
hydrodynamic forces resulting from a presentation of the underwater body 
of the towing vessel at an oblique angle to the towline. This method 
increases the resultant bollard pull, thereby arresting and controlling 
the motion of an escorted vessel.
    LNG tankship means a vessel as described in 46 CFR 154.
    Made-up means physically attached by cable, towline, or other secure 
means in such a way as to be immediately ready to exert force on a 
vessel being escorted.
    Make-up means the act of, or preparations for becoming made-up.
    Operator means the person who owns, operates, or is responsible for 
the operation of a facility or vessel.
    Savannah River Channel Entrance Sea Buoy means the aid to navigation 
labeled R W ``T'' Mo (A) WHIS on the National Oceanic and Atmospheric 
Administration's (NOAA) Nautical Chart 11512.
    Standby means immediately available, ready, and equipped to conduct 
operations.
    Underway means that a vessel is not at anchor, not made fast to the 
shore, or not aground.
    (c) Applicability. This section applies to all vessels operating 
within the RNA, including naval and other public vessels, except vessels 
that are engaged in the following operations:
    (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) Regulations--(1) Requirements for vessel operations while a LNG 
tankship is underway within the RNA--(i) Except for a vessel that is 
moored at a marina, wharf, or pier, and remains moored, no vessel 1600 
gross tons or greater may approach within two nautical miles of a LNG 
tankship that is underway 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.

[[Page 705]]

    (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) Requirements for LNG facilities--(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) Requirements for vessel operations while a LNG tankship is 
moored--(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) LNG Schedule. The Captain of the Port will issue a Broadcast 
Notice to Mariners to inform the marine community of scheduled LNG 
tankship activities during which the restrictions imposed by this 
section are in effect.
    (f) Waivers. (1) The COTP may waive any requirement in this section, 
if the COTP finds that it is in the best interest of safety or in the 
interest of national security.
    (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) Enforcement. Violations of this section should be reported to 
the Captain of the Port, Savannah, at (912) 652-4353. In accordance with 
the general regulations in Sec. 165.13 of this part, no person may 
cause or authorize the operation of a vessel in the regulated navigation 
area contrary to the provisions of this section.

[CGD07-01-037, 67 FR 46867, July 17, 2002, as amended by CGD07-03-147, 
69 FR 21068, Apr. 20, 2004]



Sec. 165.757  Safety Zones; Ports of Ponce, Tallaboa, and Guayanilla, 
Puerto Rico and Limetree Bay, St. Croix, U.S.V.I.

    (a) Location. The following areas are established as a safety zones 
during the specified conditions:
    (1) Port of Ponce, Puerto Rico. A 100-yard radius surrounding all 
Liquefied Hazardous Gas (LHG) vessels with product aboard while 
transiting north of Latitude 17[deg]57.0[min] N in the waters of the 
Caribbean Sea on approach to or departing from the Port of Ponce, Puerto 
Rico (NAD 83). The safety zone remains in effect until the LHG vessel is 
docked.
    (2) Port of Tallaboa, Puerto Rico. A 100-yard radius surrounding all 
Liquefied Hazardous Gas (LHG) vessels with

[[Page 706]]

product aboard while transiting north of Latitude 17[deg]56.0[min] N in 
the waters of the Caribbean Sea on approach to or departing from the 
Port of Tallaboa, Puerto Rico (NAD 83). The safety zone remains in 
effect until the LHG vessel is docked.
    (3) Port of Guayanilla, Puerto Rico. A 100-yard radius surrounding 
all Liquefied Hazardous Gas (LHG) vessels around with product aboard 
while transiting north of Latitude 17[deg]57.0[min] N in the waters of 
the Caribbean Sea on approach to or departing from the Port of 
Guayanilla, Puerto Rico (NAD 83). The safety zone remains in effect 
until the LHG vessel is docked.
    (4) Port of Limetree Bay, St. Croix, U.S.V.I. A 100-yard radius 
surrounding all Liquefied Hazardous Gas (LHG) vessels with product 
aboard while transiting north of Latitude 17[deg]39.0[min] N in the 
waters of the Caribbean Sea on approach to or departing from the Port of 
Limetree Bay, U.S.V.I. (NAD 83). The safety zone remains in effect until 
the LHG vessel is docked.
    (b) Regulations. In accordance with the general regulations in Sec. 
165.23 of this part, anchoring, mooring or transiting in these zones is 
prohibited unless authorized by the Coast Guard Captain of the Port. The 
Marine Safety Office San Juan 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 on LHG carriers via 
a broadcast notice to mariners on VHF Marine Band Radio, Channel 16 
(156.8 MHz).

[COTP San Juan 02-038, 67 FR 60867, Sept. 27, 2002]



Sec. 165.758  Security Zone; San Juan, Puerto Rico.

    (a) Location. Moving and fixed security zones are established 50 
yards around all cruise ships entering, departing, moored or anchored in 
the Port of San Juan, Puerto Rico. The security zone for a cruise ship 
entering port is activated when the vessel is one mile north of the 
3 buoy, at approximate position 18[deg]28[min]17[min] N, 
66[deg]07[min]37.5[min] W. The security zone for a vessel is deactivated 
when the vessel passes this buoy on its departure from the port.
    (b) Regulations. (1) Under general regulations in Sec. 165.33 of 
this part, entering, anchoring, mooring or transiting in these zones is 
prohibited unless authorized by the Coast Guard Captain of the Port of 
San Juan.
    (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) Definition. As used in this section, cruise ship means a 
passenger vessel greater than 100 feet in length that is authorized to 
carry more than 150 passengers for hire, except for a ferry.
    (d) Authority. 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.

[CGD07-02-042, 67 FR 76991, Dec. 16, 2002]



Sec. 165.759  Security Zones; Ports of Jacksonville, Fernandina, and 
Canaveral, Florida.

    (a) Regulated Area. Moving security zones are established 100 yards 
around all tank vessels, cruise ships, and military pre-positioned ships 
during transits entering or departing the ports of Jacksonville, 
Fernandina, and Canaveral, Florida. These moving security zones are 
activated when the subject vessels pass the St. Johns River Sea Buoy, at 
approximate position 30 deg. 23[min] 35[sec] N, 81 deg, 19[min] 08[sec] 
West, when entering the port of Jacksonville, or pass Port Canaveral 
Channel Entrance Buoys  3 or  4, at respective 
approximate positions 28 deg. 22.7 N, 80 deg 31.8 W, and 28 deg. 23.7 N, 
80 deg. 29.2 W, when entering Port Canaveral. Fixed security zones are 
established 100 yards around all tank vessels, cruise ships, and 
military pre-positioned ships docked in the Ports of Jacksonville, 
Fernandina, and Canaveral, Florida.

[[Page 707]]

    (b) Regulations. In accordance with the general regulations Sec. 
165.33 of this part, entry into these zones is prohibited except as 
authorized by the Captain of the Port, or a Coast Guard commissioned, 
warrant, or petty officer designated by him. The Captain of the Port 
will notify the public of any changes in the status of this zone by 
Marine Safety Radio Broadcast on VHF Marine Band Radio, Channel 22 
(157.1 MHz).
    (c) Definition. As used in this section: cruise ship means a 
passenger vessel, except for a ferry, greater than 100 feet in length 
that is authorized to carry more than 12 passengers for hire.
    (d) Authority. 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.

[COTP Jacksonville 02-066, 68 FR 3186, Jan. 23, 2003]



Sec. 165.760  Security Zones; Tampa Bay, Port of Tampa, Port of Saint 

Petersburg, Port Manatee, Rattlesnake, Old Port Tampa, Big Bend, Weedon 
Island, and 
          Crystal River, Florida.

    (a) Location. The following areas, denoted by coordinates fixed 
using the North American Datum of 1983 (World Geodetic System 1984), are 
security zones:
    (1) Rattlesnake, Tampa, FL. All waters, from surface to bottom, in 
Old Tampa Bay east and south of a line commencing at position 
27[deg]53.32[min] N, 082[deg]32.05[min] W; north to 27[deg]53.36[min] N, 
082[deg]32.05[min] W.
    (2) Old Port Tampa, Tampa, FL. All waters, from surface to bottom, 
in Old Tampa Bay encompassed by a line connecting the following points: 
27[deg]51.62[min] N, 082[deg]33.14[min] W; east to 27[deg]51.71[min] N, 
082[deg]32.5[min] W; north to 27[deg]51.76[min] N, 082[deg]32.5[min] W; 
west to 27[deg]51.73[min] N, 082[deg]33.16[min] W; and south to 
27[deg]51.62[min] N, 082[deg]33.14[min] W, closing off the Old Port 
Tampa channel.
    (3) Sunshine Skyway Bridge, Tampa, FL. All waters in Tampa Bay, from 
surface to bottom, 100-feet around all bridge supports, dolphins and 
rocky outcroppings bounded on the northern portion of the bridge at pier 
135, (also designated 24N which is the 24th pier north of the center 
span), 27[deg]37.85[min] N, 082[deg]39.78[min] W, running south under 
the bridge to pier 88, (also designated 24S which is the 24th pier south 
of the center span) 27[deg]36.59[min] N, 082[deg]38.86[min] W. Visual 
identification of the zone can be defined as to the areas to the north 
and south where the bridge structure begins a distinct vertical rise.
    (4) Vessels carrying hazardous cargo, Tampa, FL. All waters, from 
surface to bottom, 200 yards around vessels moored in Tampa Bay carrying 
or transferring Liquefied Petroleum Gas (LPG), Anhydrous Ammonia (NH3) 
and/or grade ``A'' and ``B'' flammable liquid cargo. Any vessel 
transiting within the outer 100 yards of the zone for moored vessels 
carrying or transferring Liquefied Petroleum Gas (LPG), Anhydrous 
Ammonia (NH3) and/or grade ``A'' and ``B'' cargo may operate unless 
otherwise directed by the Captain of the Port or his designee but must 
proceed through the area at the minimum speed necessary to maintain safe 
navigation. No vessel may enter the inner 100-yard portion of the 
security zone closest to the vessel.
    (5) Piers, seawalls, and facilities, Port of Tampa, Port Sutton and 
East Bay. All waters, from surface to bottom, extending 50 yards from 
the shore, seawall and piers around facilities in Port Sutton and East 
Bay within the Port of Tampa encompassed by a line connecting the 
following points: 27[deg]54.15[min] N, 082[deg]26.11[min] W, east 
northeast to 27[deg]54.19[min] N, 082[deg]26.00[min] W, then northeast 
to 27[deg]54.37[min] N, 082[deg]25.72[min] W, closing off all of Port 
Sutton Channel, then northerly to 27[deg]54.48[min] N, 082[deg]25.70 
[min]W, then northeasterly and terminating at point 27[deg]55.27[min] N, 
082[deg]25.17[min] W.
    (6) Piers, seawalls, and facilities, Port of Tampa, East Bay and the 
eastern side of Hooker's Point. All waters, from surface to bottom, 
extending 50 yards from the shore, seawall and piers around facilities 
on East Bay and on the East Bay Channel within the Port of Tampa 
encompassed by a line connecting the following points: 27[deg]56.05[min] 
N, 082[deg]25.95[min] W, southwesterly to 27[deg]56.00[min] N, 
082[deg]26.07[min] W, then southerly to 27[deg]55.83[min] N, 
082[deg]26.07[min] W, then southeasterly to 27[deg]55.55[min] N, 
082[deg]25.75[min] W, then south to 27[deg]54.75[min] N, 
082[deg]25.75[min] W, then southwesterly and terminating at point 
27[deg]54.57[min] N, 082[deg]25.86[min] W.
    (7) Piers, seawalls, and facilities, Port of Tampa, on the western 
side of Hooker's

[[Page 708]]

Point. All waters, from surface to bottom, extending 50 yards from the 
shore, seawall and piers around facilities on Hillsborough Bay Cut ``D'' 
Channel, Sparkman Channel, Ybor Turning Basin, and Ybor Channel within 
the Port of Tampa encompassed by a line connecting the following points: 
27[deg]54.74[min] N, 082[deg]26.47[min] W, northwest to 
27[deg]55.25[min] N, 082[deg]26.73[min] W, then north-northwest to 
27[deg]55.60[min] N, 082[deg]26.80[min] W, then north-northeast to 
27[deg]56.00[min] N, 082[deg]26.75[min] W, then northeast to 
27[deg]56.58[min] N, 082[deg]26.53[min] W, and north to 
27[deg]57.29[min] N, 082[deg]26.51[min] W, west to 27[deg]57.29[min] N, 
082[deg]26.61[min] W, then southerly to 27[deg]56.65[min] N, 
082[deg]26.63[min] W, southwesterly to 27[deg]56.58[min] N, 
082[deg]26.69[min] W, then southwesterly and terminating at 
27[deg]56.53[min] N, 082[deg]26.90[min] W.
    (8) Piers, seawalls, and facilities, Port of Manatee. All waters, 
from surface to bottom, within the Port of Manatee extending 50 yards 
from the shore, seawall and piers around facilities. This security zone 
encompasses all piers and seawalls of the cruise terminal berths 9 and 
10 in Port Manatee, Florida beginning at 27[deg]38.00[min] N, 
082[deg]33.81[min] W; continuing east to 27[deg]38.00[min] N, 
082[deg]33.53[min] W.
    (9) Moving cruise ships in the Port of Tampa, Port of Saint 
Petersburg, and Port Manatee, Florida. All waters, from surface to 
bottom, extending 200 yards around all cruise ships entering or 
departing Port of Tampa, Port of Saint Petersburg, or Port Manatee, 
Florida. These temporary security zones are activated on the inbound 
transit when a cruise ship passes the Tampa Lighted Whistle Buoy ``T'', 
located at 27[deg]35.35[min] N, 083[deg]00.71[min] W and terminate when 
the vessel is moored at a cruise ship terminal. The security zones are 
activated on the outbound transit when a cruise ship gets underway from 
a terminal and terminates when the cruise ship passes the Tampa Lighted 
Whistle Buoy ``T'', located at 27[deg]35.35[min] N, 083[deg]00.71[min] 
W. Any vessel transiting within the outer 100 yards of the zone for a 
cruise ship may operate unless otherwise directed by the Captain of the 
Port or his designee but must proceed through the area at the minimum 
speed necessary to maintain safe navigation. No vessel may enter the 
inner 100-yard portion of the security zone closest to the vessel.
    (10) Moored cruise ships in the Port of Tampa, Port of Saint 
Petersburg, and Port Manatee, Florida. All waters, from surface to 
bottom, extending 200 yards around moored cruise ships in the Ports of 
Tampa, Saint Petersburg, or Port Manatee, Florida. Any vessel transiting 
within the outer 100 yards of the zone of moored cruise ships may 
operate unless otherwise directed by the Captain of the Port or his 
designee but must proceed through the area at the minimum speed 
necessary to maintain safe navigation. No vessel may enter the inner 
100-yard portion of the security zone closest to the vessel.
    (11) Saint Petersburg Harbor, FL. All waters, from surface to 
bottom, extending 50 yards from the seawall and around all moorings and 
vessels in Saint Petersburg Harbor (Bayboro Harbor), commencing on the 
north side of the channel at dayboard ``10'' in approximate position 
27[deg]45.56[min] N, 082[deg]37.55[min] W, and westward along the 
seawall to the end of the cruise terminal in approximate position 
27[deg]45.72[min] N, 082[deg]37.97[min] W. The zone will also include 
the Coast Guard south moorings in Saint Petersburg Harbor. The zone will 
extend 50 yards around the piers commencing from approximate position 
27[deg]45.51[min] N, 082[deg]37.99[min] W; to 27[deg]45.52[min] N, 
082[deg]37.57[min] W. The southern boundary of the zone is shoreward of 
a line between the entrance to Salt Creek easterly to Green Daybeacon 11 
(LLN 2500).
    (12) Crystal River Nuclear Power Plant. All waters, from surface to 
bottom, around the Florida Power Crystal River nuclear power plant 
located at the end of the Florida Power Corporation Channel, Crystal 
River, Florida, encompassed by a line connecting the following points: 
28[deg]56.87[min] N, 082[deg]45.17[min] W (Northwest corner); 
28[deg]57.37[min] N, 082[deg]41.92[min] W (Northeast corner); 
28[deg]56.81[min] N, 082[deg]45.17[min] W (Southwest corner); and 
28[deg]57.32[min] N, 082[deg]41.92[min] W (Southeast corner).
    (13) Crystal River Demory Gap Channel. All waters, from surface to 
bottom, in the Demory Gap Channel in Crystal River, Florida, encompassed 
by a line connecting the following points: 28[deg]57.61[min] N, 
082[deg]43.42[min] W (Northwest corner); 28[deg]57.53[min] N, 
082[deg]41.88[min] W (Northeast

[[Page 709]]

corner); 28[deg]57.60[min] N, 082[deg]43.42[min] W (Southwest corner); 
and 28[deg]57.51[min] N, 082[deg]41.88[min] W (Southeast corner).
    (b) Regulations. (1) Entry into or remaining within these zones is 
prohibited unless authorized by the Coast Guard Captain of the Port, 
Tampa, Florida or that officer's designated representative.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port at telephone number 813-228-2189/91 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 or their designated representative.
    (c) Definition. As used in this section, ``cruise ship'' means a 
vessel required to comply with 33 CFR Part 120.
    (d) Authority. 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.

[COTP Tampa 02-053, 68 FR 52342, Sept. 3, 2003]



Sec. 165.761  Security Zones; Port of Palm Beach, Port Everglades, Port 
of Miami, and Port of Key West, Florida.

    (a) Location. The following areas are security zones:
    (1) Fixed and moving security zones around vessels in the Ports of 
Palm Beach, Port Everglades, Miami, and Key West, Florida. Moving 
security zones are established 100 yards around all passenger vessels, 
vessels carrying cargoes of particular hazard, or vessels carrying 
liquefied hazardous gas (LHG) as defined in 33 CFR parts 120, 126 and 
127 respectively, during transits entering or departing the Ports of 
Palm Beach, Port Everglades, Miami or Key West, Florida. These moving 
security zones are activated when the subject vessel passes: ``LW'' 
buoy, at approximate position 26[deg]46.3[min] N, 080[deg]00.6[min] W, 
when entering the Port of Palm Beach, passes ``PE'' buoy, at approximate 
position 26[deg]05.5[min] N, 080[deg]04.8[min] W, when entering Port 
Everglades; the ``M'' buoy, at approximate position 25[deg]46.1[min] N, 
080[deg]05.0[min] W, when entering the Port of Miami; and ``KW'' buoy, 
at approximate position 24[deg]27.7[min] N, 081[deg]48.1[min] W, when 
entering the Port of Key West. Fixed security zones are established 100 
yards around all passenger vessels, vessels carrying cargoes of 
particular hazard or liquefied hazardous gas (LHG) as defined in 33 CFR 
parts 120, 126 and 127 respectively, while they are docked in the Ports 
of Palm Beach, Port Everglades, Miami or Key West, Florida.
    (2) Fixed security zone in the Port of Miami, Florida. A fixed 
security zone encompasses all waters between Watson Park and Star Island 
on the MacArthur Causeway south to the Port of Miami. The western 
boundary is formed by an imaginary line from points 25[deg]46.79[min] N, 
080[deg]10.90[min] W, to 25[deg]46.77[min] N, 080[deg]10.92[min] W to 
25[deg]46.88[min] N, 080[deg]10.84[min] W, and ending on Watson Park at 
25[deg]47.00[min] N, 080[deg]10.67[min] W. The eastern boundary is 
formed by an imaginary line from the traffic light located at Bridge 
road, in approximate position 25[deg]46.33[min] N, 080[deg]09.12[min] W, 
which leads to Star Island, and MacArthur Causeway directly extending 
across the Main Channel to the Port of Miami, at 25[deg]46.26[min] N, 
080[deg]09.18[min] W. The fixed security zone is activated when two or 
more passenger vessels, vessels carrying cargoes of particular hazard, 
or vessels carrying liquefied hazardous gas (LHG) as defined in 33 CFR 
parts 120, 126 and 127 respectively, enter or moor within this zone.
    (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 staying on the north side of the law enforcement boats and 
cruise ship tenders which will mark a transit lane in channel.
    (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) Fixed security zones in the Port Everglades. A fixed security 
zone encompasses all waters west of an imaginary line starting at the 
northern most point 26[deg]05.98[min] N, 080[deg]07.15[min] W, near the 
west side of the 17th Street Causeway Bridge, to the southern most point 
26[deg]05.41[min] N, 080[deg]06.96[min] W, on the northern tip of pier 
22. An additional fixed security zone encompasses the Intracoastal 
Waterway between a line connecting point 26[deg]05.41[min] N, 
080[deg]06.97[min] W, on the

[[Page 710]]

northern tip of berth 22 and a point directly east across the 
Intracoastal Waterway to 26[deg]05.41[min] N, 080[deg]06.74[min] W; and 
a line drawn from the corner of Port Everglades berth 29 at point 
26[deg]04.72[min] N, 080[deg]06.92[min] W, easterly across the 
Intracoastal Waterway to John U. Lloyd Beach, State Recreational Area at 
point 26[deg]04.72[min] N, 080[deg]06.81[min] W.
    (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) Regulations. (1) Prior to commencing the movement, the person 
directing the movement of a passenger vessel, a vessel carrying cargoes 
of particular hazard or a vessel carrying liquefied hazardous gas (LHG) 
as defined in Title 33, Code of Federal Regulations parts 120, 126 and 
127 respectively, is encouraged to make a security broadcast on VHF 
Marine Band Radio, Channel 13 (156.65 MHz) to advise mariners of the 
moving security zone activation and intended transit.
    (2) In accordance with the general regulations Sec. 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) Definition. As used in this section, cruise ship means a 
passenger vessel greater than 100 feet in length and over 100 gross tons 
that is authorized to carry more than 12 passengers for hire making 
voyages lasting more than 24 hours, except for a ferry.
    (d) Authority. 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.

[COTP Miami 02-115, 68 FR 3189, Jan. 23, 2003]



Sec. 165.762  Security Zone; St. Thomas, U.S. Virgin Islands.

    (a) Location. Moving and fixed security zones are established 50 
yards around all cruise ships entering, departing, moored or anchored in 
the Port of St. Thomas, U.S. Virgin Islands. The security zone for a 
cruise ship entering port is activated when the vessel passes: St. 
Thomas Harbor green lighted buoy 3 in approximate position 
18[deg]19[min]19[sec] North, 64[deg]55[min]40[sec] West when entering 
the port using St. Thomas Channel; red buoy 2 in approximate position 
18[deg]19[min]15[sec] North, 64[deg]55[min]59[sec] West when entering 
the port using East Gregorie Channel; and red lighted buoy 4 in 
approximate position 18[deg]18[min]16[sec] North, 64[deg]57[min]30[sec] 
West when entering the port using West Gregorie Channel. These zones are 
deactivated when the cruise ship passes any of these buoys on its 
departure from the Port.
    (b) Regulations. (1) Under general regulations in Sec. 165.33 of 
this part, entering, anchoring, mooring or transiting

[[Page 711]]

in these zones is prohibited unless authorized by the Coast Guard 
Captain of the Port of San Juan.
    (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) Definition. As used in this section, cruise ship means a 
passenger vessel greater than 100 feet in length that is authorized to 
carry more than 150 passengers for hire, except for a ferry.
    (d) Authority. 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.

[COTP San Juan 03-024, 68 FR 33391, June 4, 2003]



Sec. 165.763  Moving and Fixed Security Zone, Port of Fredericksted, 
Saint Croix, U.S. Virgin Islands.

    (a) Location. A moving and fixed security zone is established that 
surrounds all cruise ships entering, departing, mooring or anchoring in 
the Port of Fredericksted, Saint Croix, U.S. Virgin Islands. The 
security zone extends from the cruise ship outward and forms a 50-yard 
radius around the vessel, from surface to bottom. The security zone for 
a cruise ship entering port is activated when the vessel is within one 
nautical mile west of the Fredericksted Pier lights. The security zone 
for a vessel is deactivated when the cruise ship is beyond one nautical 
mile west of the Fredericksted Pier lights. The Fredericksted Pier 
lights are at the following coordinates: 17[deg]42[min]49[sec] N, 
64[deg]53[min]19[sec] W. All coordinates are North American Datum 1983 
(NAD 1983).
    (b) Regulations. (1) Under general regulations in Sec. 165.33 of 
this part, entering, anchoring, mooring, or transiting in these zones is 
prohibited unless authorized by the Coast Guard Captain of the Port San 
Juan or their designated representative.
    (2) Persons desiring to transit through a security zone may contact 
the Captain of the Port San Juan who can be reached on VHF Marine Band 
Radio, Channel 16 (156.8 Mhz) or by calling (787) 289-2041, 24-hours-a-
day, 7-days-a-week. If permission is granted, all persons and vessels 
must comply with the instructions of the Captain of the Port or 
designated representative.
    (3) Sector 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) Definition. As used in this section, cruise ship means a 
passenger vessel greater than 100 feet in length that is authorized to 
carry more than 150 passengers for hire, except for a ferry.
    (d) Authority. 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.

[COTP San Juan 05-002, 70 FR 22256, Apr. 29, 2005]



Sec. 165.764  Security Zones; Big Bend and Weedon Island Power 
Facilities, Tampa Bay, Florida.

    (a) Location. The following areas, denoted by coordinates fixed 
using the North American Datum of 1983 (World Geodetic System 1984), are 
security zones:
    (1) Big Bend, Tampa Bay, Florida. All waters of Tampa Bay, from 
surface to bottom, adjacent to the Big Bend Power Facility, and within 
an area bounded by a line connecting the following points: 
27[deg]47.85[min] N, 082[deg]25.02[min] W then east and south along the 
shore and pile to 27[deg]47.63[min] N, 082[deg]24.70[min] W then north 
along the shore to 27[deg] 48.02[min] N, 082[deg]24.70[min] W then north 
and west along a straight line to 27[deg]48.12[min] N, 
082[deg]24.88[min] W then south along the shore and pile to 
27[deg]47.85[min] N, 082[deg]25.02[min] W, closing off entrance to the 
Big Bend Power Facility.
    (2) Weedon Island, Tampa Bay, Florida. All waters of Tampa Bay, from 
surface to bottom, extending 50 yards from the shore, seawall and piers 
around the

[[Page 712]]

Power Facility at Weedon Island encompassed by a line connecting the 
following points: 27[deg] 51.52[min] N, 082[deg] 35.82[min] W then north 
and east along the shore to 27[deg] 51.54[min] N, 082[deg] 35.78[min] W 
then north to 27[deg] 51.68[min] N, 082[deg] 35.78[min] W then north to 
27[deg] 51.75[min] N, 082[deg] 35.78[min] W closing off entrance to the 
canal then north to 27[deg] 51.89[min] N, 082[deg] 35.82[min] W then 
west along the shore to 27[deg] 51.89[min] N, 082[deg] 36.10[min] W then 
west to 27[deg] 51.89[min] N, 082[deg] 36.14[min] W closing off entrance 
to the canal.
    (b) Regulations. (1) Entry into or remaining within these zones is 
prohibited unless authorized by the Coast Guard Captain of the Port, 
Tampa, Florida or their designated representative.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port at telephone number 813-228-2189/91 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 or their designated representative.
    (c) Authority. 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.

[COTP Tampa-03-080, 68 FR 47854, Aug. 12, 2003]



Sec. 165.765  Regulated Navigation Area; Port Everglades Harbor, Fort 
Lauderdale, Florida.

    (a) Location. The following area in Port Everglades harbor is a 
regulated navigation area: all waters of Port Everglades harbor, from 
shore to shore, encompassed by a line commencing at the south mid-point 
tip of Harbor Heights approximately 26[deg]05.687[min] N, 
080[deg]06.684[min] W; thence south across Bar Cut to a point north of 
the Nova University Marina approximately 26[deg]05.552[min] N, 
080[deg]06.682[min] W, thence southwesterly to a point near the center 
of Lake Mabel approximately 26[deg]05.482[min] N, 080[deg]06.793[min] W, 
thence northwesterly to a point near the Quick Flashing Red 12 
approximately 26[deg]05.666[min] N, 080[deg]06.947[min] W, thence east 
to south mid-point tip of Harbor Heights (starting point) approximately 
26[deg]05.687[min] N, 080[deg]06.684[min] W.
    (b) Regulations. Vessels less than 150 meters entering and 
transiting through the regulated navigation area shall proceed at a slow 
speed. Nothing in this section alleviates vessels or operators from 
complying with all state and local laws in the area including manatee 
slow speed zones. Nor should anything in this section be construed as 
conflicting with the requirement to operate at safe speed under the 
Inland Navigation Rules, 33 U.S.C. 2001 et seq.
    (c) Definition. As used in this section, slow speed means the speed 
at which a vessel proceeds when it is fully off plane, completely 
settled in the water and not creating excessive wake. Due to the 
different speeds at which vessels of different sizes and configurations 
may travel while in compliance with this definition, no specific speed 
is assigned to slow speed. A vessel is not proceeding at slow speed if 
it is:
    (1) On a plane;
    (2) In the process of coming up on or coming off of plane; or
    (3) Creating an excessive wake.

[CDG07-03-069, 68 FR 63991, Nov. 12, 2003]

                       Eighth Coast Guard District



Sec. 165.802  Lower Mississippi River, vicinity of Old River Control 
Structure--Safety Zone.

    (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.

[CGD8-87-10, 53 FR 15207, Apr. 28, 1988, as amended by CGD8 89-03, 54 FR 
16108, Apr. 21, 1989]

[[Page 713]]



Sec. 165.803  Mississippi River--regulated navigation area.

    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) Breakaway means a barge that is adrift and is not under the 
control of a towing vessel.
    (2) COTP means the Captain of the Port, New Orleans.
    (3) Fleet includes one or more tiers.
    (4) Fleeting facility means the geographic area along or near a 
river bank at which a barge mooring service, either for hire or not for 
hire, is established.
    (5) Mooring barge or spar barge means a barge moored to mooring 
devices and to which other barges may be moored.
    (6) Mooring device includes a deadman, anchor, pile or other 
reliable holding apparatus.
    (7) Person in charge includes any owner, agent, pilot, master, 
officer, operator, crewmember, supervisor, dispatcher or other person 
navigating, controlling, directing or otherwise responsible for the 
movement, action, securing, or security of any vessel, barge, tier, 
fleet or fleeting facility subject to the regulations in this section.
    (8) Tier means barges moored interdependently in rows or groups.
    (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) Mooring to a mooring device. (1) A barge may be moored to 
mooring devices if the upstream end of that barge is secured to at least 
one mooring device and the downstream end is secured to at least one 
other mooring device, except that from mile 127 to mile 240 a barge may 
be moored to mooring devices if the upstream end of that barge is 
secured to at least one mooring device.
    (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\1/4\ inch. Chain or 
line used between the upstream end of a barge and a mooring device must 
be at least equivalent in strength to 1\1/4\ inch diameter wire rope.
    (4) Each wire rope used between the downstream end of a barge and a 
mooring device must have at least a diameter of \7/8\ inch. Chain or 
line used between the downstream end of a barge and a mooring device 
must be of at least equivalent strength of \7/8\ inch diameter wire 
rope.
    (f) Moorings: Barge-to-barge; barge-to-vessel; barge-to-wharf or 
pier. The person in charge shall ensure that a

[[Page 714]]

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 \7/8\ inch diameter with an 
eye at each end of the rope passed around the timberhead, caval, or 
button;
    (2) A mooring of natural or synthetic fiber rope that has at least 
75 percent of the breaking strength of three parts of \7/8\ inch 
diameter wire rope; or
    (3) Fixed rigging that is at least equivalent to three parts of \7/
8\ inch diameter wire rope.
    (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.
    Note: 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, radio or other means of rapid communication.
    (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

[[Page 715]]

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.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 82-020, 47 FR 
35483, Aug. 16, 1982; CGD 79-026, 48 FR 35408, Aug. 4, 1983; CGD 88-075, 
54 FR 14958, Apr. 14, 1989; CGD08-94-006, 59 FR 21935, Apr. 28, 1994; 
CGD08-94-006, 60 FR 37944, July 25, 1995]



Sec. 165.804  Snake Island, Texas City, Texas; mooring and fleeting 
of vessels--safety zone.

    (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[deg] 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.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by USCG-2000-7223, 65 
FR 40058, June 29, 2000]



Sec. 165.805  Calcasieu Channel and Industrial Canal, Calcasieu River, 
Lake Charles, LA.

    (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

[[Page 716]]

side property line at position 30[deg]06[min]38[sec] N., 
93[deg]17[min]34[sec] 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[deg]06[min]38[sec] N., 93[deg]17[min]34[sec] 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.

[CGD 82-10, 47 FR 41957, Sept. 23, 1982, as amended by CGD8 82-10, 50 FR 
31592, Aug. 5, 1985; COTP Port Arthur, TX Reg. 90-03, 56 FR 66599, Dec. 
24, 1991; USCG-1998-3799, 63 FR 35533, June 30, 1998]



Sec. 165.806  Sabine Neches Waterway, Texas--regulated navigation area.

    (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.

[CGD8-83-09, 49 FR 35500, Sept. 10, 1984]



Sec. 165.807  Calcasieu River, Louisiana--regulated navigation area.

    (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.

[CGD8-83-09, 49 FR 35500, Sept. 10, 1984]



Sec. 165.808  Corpus Christi Ship Channel, Corpus Christi, TX, safety 
zone.

    (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 the Corpus Christi Ship Channel to the LPG receiving facility. 
The safety zone remains in effect until the LPG vessel is moored at the 
LPG receiving facility.
    (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

[[Page 717]]

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.

[CGD 8-84-07, 50 FR 15744, Apr. 22, 1985; 50 FR 19933, May 13, 1985]



Sec. 165.809  Security Zones; Port of Port Lavaca-Point Comfort, Point 
Comfort, TX and Port of Corpus Christi Inner Harbor, Corpus Christi, TX.

    (a) Location. The following areas are designated as a security zone:
    (1) Port of Port Lavaca-Point Comfort--all waters between the Dredge 
Island Bridge at 28[deg]39[min]30[sec] N, 96[deg]34[min]20[sec] W and a 
line drawn between points 28[deg]38[min]10[sec] N, 96[deg]33[min]15[sec] 
W and 28[deg]38[min]10[sec] N, 96[deg]34[min]45[sec] W including the 
Point Comfort turning basin and the adjacent Alcoa Channel. These 
coordinates are based upon NAD 1983.
    (2) Port of Corpus Christi Inner Harbor--all waters of the Corpus 
Christi Inner Harbor from the Inner Harbor Bridge (US HWY 181) to, and 
including the Viola Turning Basin.
    (b) Regulations. (1) No recreational vessels, passenger vessels, or 
commercial fishing vessels may enter these security zones unless 
specifically authorized by the Captain of the Port Corpus Christi or his 
designated representative.
    (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) Authority. In addition to 33 U.S.C. 1231, the authority for this 
section includes 33 U.S.C. 1226.

[COTP Corpus Christi-02-003, 67 FR 64046, Oct. 17, 2002]



Sec. 165.810  Mississippi River, LA-regulated navigation area.

    (a) Purpose and applicability. This section prescribes rules for all 
vessels operating in the Lower Mississippi River below mile 233.9 above 
Head of Passes including South Pass and Southwest Pass, to assist in the 
prevention of allisions; collisions and groundings so as to ensure port 
safety and protect the navigable waters of the Mississippi River from 
environmental harm resulting from those incidents, and to enhance the 
safety of passenger vessels moored or anchored in the Mississippi River.
    (b) Lower Mississippi River below mile 233.9 above Head of Passes 
including South and Southwest Passes:
    (1) Supervision. The use, administration, and navigation of the 
waterways to which this paragraph applies shall be under the supervision 
of the District Commander, Eighth Coast Guard District.
    (2) Speed; high-water precautions. When passing another vessel (in 
motion, anchored, or tied up), a wharf or other structure, work under 
construction, plant engaged in river and harbor improvement, levees 
withstanding flood waters, building partially or wholly submerged by 
high water, or any other structure liable to damage by collision, 
suction or wave action, vessels shall give as much leeway as 
circumstances permit and reduce their speed sufficiently to preclude 
causing damages to the vessel or structure being passed. Since this 
subparagraph pertains directly to the manner in which vessels are 
operated, masters of vessels shall be held responsible for strict 
observance and full compliance therewith. During high river stages, 
floods, or other emergencies, the District Commander may prescribe by 
navigation bulletins or other means the limiting speed in land miles per 
hour deemed necessary for the public

[[Page 718]]

safety for the entire section or any part of the waterways covered by 
this paragraph, and such limiting speed shall be strictly observed.
    (3) Towing. Towing in any formation by a vessel with insufficient 
power to permit ready maneuverability and safe handling is prohibited.
    (c) Movement of vessels in vicinity of Algiers Point, New Orleans 
Harbor:
    (1) Control lights. When the Mississippi River reaches 8 feet on the 
Carrollton Gage on a rising stage, and until the gage reads 9 feet on a 
falling stage, the movement of all tugs with tows and all ships, whether 
under their own power or in tow, but excluding tugs or towboats without 
tows or river craft of comparable size and maneuverability operating 
under their own power, in the vicinity of Algiers Point shall be 
governed by red and green lights designated and located as follows: 
Governor Nicholls Light located on the left descending bank on the wharf 
shed at the upstream end of Esplanade Avenue Wharf, New Orleans, 
approximately 94.3 miles above Head of Passes; and Gretna Light located 
on the right descending bank on top of the levee at the foot of Ocean 
Avenue, Gretna, approximately 96.6 miles above Head of Passes. Governor 
Nicholls Light has lights visible from both upstream and downstream, and 
Gretna Light has lights visible from upstream, all indicating by proper 
color the direction of traffic around Algiers Point. From downstream, 
Gretna Light always shows green. All lights are visible throughout the 
entire width of the river and flash once every second. A green light 
displayed ahead of a vessel (in the direction of travel) indicates that 
Algiers Point is clear and the vessel may proceed. A red light displayed 
ahead of a vessel (in the direction of travel) indicates that Algiers 
Point is not clear and the vessel shall not proceed. Absence of lights 
shall be considered a danger signal and no attempt shall be made to 
navigate through the restricted area.
    Note: 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) Ascending vessels. Ascending vessels shall not proceed farther 
up the river than a line connecting the upper end of Atlantic Street 
Discharge Light (on right descending bank) with the lower end of Desire 
Street Wharf (on left descending bank) when a red light is displayed. 
Vessels waiting for a change of signal shall keep clear of descending 
vessels.
    (3) Descending vessels. (i) Descending vessels shall not proceed 
farther down the river than a line connecting the lower end of Julia 
Street Wharf (on left descending bank) with the vertical flagpole at 
Eastern Associated Terminals (on right descending bank) when a red light 
is displayed. Vessels shall round to and be headed upstream before they 
reach that line, if the signal remains against the vessel. Vessels 
waiting for a change of signal shall keep clear of ascending vessels.
    (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.
    Note: Telephone numbers of both signal towers will be published in 
navigation bulletins in advance of each operating period.
    (4) Minor changes. The District Commander is authorized to waive 
operation or suspension of the lights whenever prospective river stages 
make it appear that the operation or suspension will be required for 
only a brief period of time or when river stages will rise or fall below 
the critical stage which is established for operation or suspension by 
only a few tenths on the Carrollton Gage.
    (5) Underpowered vessels. When the Carrollton Gage reads 12 feet or 
higher,

[[Page 719]]

any vessel which is considered by the master or pilot as being 
underpowered or a poor handler shall not navigate around Algiers Point 
without the assistance of a tug or tugs.
    (6) Towing. When the Carrollton Gage reads 12 feet or higher, towing 
on a hawser in a downstream direction between Julia Street and Desire 
Street is prohibited except by special permission of the District 
Commander.
    (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\1/2\) miles of the outer end of the jetties and visible to 
the ascending vessel shall have passed to sea.
    (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) Passenger vessels. Except as provided in paragraph (e)(2) of 
this section, each passenger vessel with one or more passengers on 
board, must--
    (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 following additional operating conditions will be satisfied so 
long as the vessel is under way within the RNA:
    (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

[[Page 720]]

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.

(Sec. 104, Pub. L. 92-340, 86 Stat. 424 (33 U.S.C. 1224); sec. 2, Pub. 
L. 95-474, 92 Stat. 1471 (33 U.S.C. 1223); 49 CFR 1.46(n)(4))

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 78-080, 44 
FR 47933, Aug. 16, 1979; CGD 86-049, 51 FR 27840, Aug. 4, 1986. 
Redesignated by CGD 90-020, 59 FR 36324, July 15, 1994; CGD 95-033, 60 
FR 28333, May 31, 1995; CCGD08-97-020, 62 FR 58653, Oct. 30, 1997; 
CCGD08-97-020, 64 FR 18813, Apr. 16, 1999]



Sec. 165.811  Atchafalaya River, Berwick Bay, LA-regulated navigation 
area.

    (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, Sec. 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 Sec. 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) Towing requirements. (1) Towing on a hawser is not authorized, 
except that one self-propelled vessel may tow one other vessel without 
barges upbound;
    (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.
    Note: 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) Horsepower Requirement. (1) The following requirements apply to 
a towing vessel of 3,000 hp or less:

       Table 165.811(e)--Minimum Available Horsepower Requirement
                       [The greater value listed.]
------------------------------------------------------------------------
                            Daytime (sunrise to    Nighttime (sunset to
    Direction of tow              sunset)                sunrise)
------------------------------------------------------------------------
Upbound.................  400hp or (Length of     600hp or (Length of
                           tow--300ft) x 3.        tow--200ft) x 3.
Downbound...............  600hp or (Length of     600hp or (Length of
                           tow--200ft) x 3.        tow) x 3.
------------------------------------------------------------------------
Note: A 5% variance from the available horsepower is authorized.

    (2) All tows carrying cargoes of particular hazard as defined in 
Sec. 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) Notice of Requirements. Notice that these rules are anticipated 
to be put into effect, or are in effect, will be given by:
    (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.

    Note: Visual displays are not shown during precautionary periods 
(when the Morgan City River Gauge reads 2.5 feet above mean sea level). 
However, precautionary notices will be issued via marine notice to 
mariners, notice to mariners, VTC advisories or vessel information 
requests, when water level remains at or above 2.5 feet. Visual displays 
are Class I, private aids to navigation maintained by SPRR Bridge.

[CGD 90-020, 59 FR 36334, July 15, 1994, as amended by CGD 95-033, 60 FR 
28333, May 31, 1995]

[[Page 721]]



Sec. 165.812  Security Zones; Lower Mississippi River, Southwest Pass 
Sea Buoy to Mile Marker 96.0, New Orleans, LA.

    (a) Location. Within the Lower Mississippi River and Southwest Pass, 
moving security zones are established around all cruise ships between 
the Southwest Pass Entrance Lighted Buoy ``SW'', at approximate position 
28[deg]52[min]42[sec] N, 89[deg]25[min]54[sec] W [NAD 83] and Lower 
Mississippi River mile marker 96.0 in New Orleans, Louisiana. These 
moving security zones encompass all waters within 500 yards of a cruise 
ship. These zones remain in effect during the entire transit of the 
vessel and continue while the cruise ship is moored or anchored.
    (b) Regulations. (1) Entry of persons and vessels into these zones 
is prohibited unless authorized as follows.
    (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) Authority. In addition to 33 U.S.C. 1231, the authority for this 
section includes 33 U.S.C. 1226.

[COTP New Orleans-02-005, 67 FR 61989, Oct. 3, 2002]



Sec. 165.813  Security Zones; Ports of Houston and Galveston, TX.

    (a) Location. Within the Ports of Houston and Galveston, Texas, 
moving security zones are established encompassing all waters within 500 
yards of a cruise ship between Galveston Bay Approach Lighted Buoy 
``GB'', at approximate position 29[deg]21[min]18[sec] N, 
94[deg]37[min]36[sec] W [NAD 83] and up to, and including, Barbours Cut. 
These zones remain in effect during the inbound and outbound entire 
transit of the cruise ship and continues while the cruise ship is moored 
or anchored.
    (b) Regulations. (1) Entry of vessels or persons into these zones is 
prohibited unless authorized as follows.
    (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 Lighted Bell Buoy ``18'', 
light list no. 34385 at approximately 29[deg]21[min]06[sec] N, 
94[deg]47[min]00[sec] W [NAD 83] and Barbours Cut, the Captain of the 
Port Houston-Galveston may permit vessels that must transit the 
navigable channel between these points to enter within 100 yards of a 
cruise ship.
    (iii) Moored vessels or vessels anchored in a designated anchorage 
area are permitted to remain within 100

[[Page 722]]

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) Authority. In addition to 33 U.S.C. 1231, the authority for this 
section includes 33 U.S.C. 1226.

[COTP Houston-Galveston-02-010, 67 FR 64048, Oct. 17, 2002]



Sec. 165.814  Security Zones; Captain of the Port Houston-Galveston Zone.

    (a) Location. The following areas are designated as security zones:
    (1) Houston, Texas. The Houston Ship Channel and all associated 
turning basins, bounded by a line drawn between Houston Ship Channel 
Light 132 (LLNR-24445) and Houston Ship Channel Light 133 (LLNR-24450) 
west to the T & N Rail Road Swing Bridge at the entrance to Buffalo 
Bayou, including all waters adjacent to the ship channel from shoreline 
to shoreline and the first 200 yards of connecting waterways.
    (2) Morgan's Point, Texas. The Barbours Cut Ship Channel and Turning 
Basin containing all waters west of a line drawn between Junction Light 
``Barbours Cut'' 29[deg]41[min]12[sec] N, 94[deg]59[min]12[sec] W (LLNR-
23525), and Houston Ship Channel Light 91, 29[deg]41[min]00[sec] N, 
94[deg]59[min]00[sec] W (LLNR-23375) (NAD 1983).
    (3) Bayport, TX. The Port of Bayport, Bayport Ship Channel and 
Bayport Turning Basin containing all waters south of latitude 
28[deg]36[min]45[sec] N and west of Bayport Ship Channel Light 9 (LLNR-
23295) (NAD 1983).
    (4) Texas City, Texas. The Port of Texas City Channel, Turning Basin 
and Industrial Canal containing all waters bounded by the area south and 
west of a line drawn from Texas City Channel Light 19 (LLNR 24810) 
through Cut B Inner Range Front Light (LLNR 24765) and terminating on 
land in position 29[deg]23[min]16[sec] N, 94[deg]53[min]15[sec] W (NAD 
1983).
    (5) Freeport, Texas. (i) The Dow Barge Canal containing all waters 
bounded by its junction with the Intracoastal Waterway, by a line drawn 
between the eastern point at latitude 28[deg]56[min]48[sec] N, 
95[deg]18[min]20[sec] W, and the western point at 28[deg]56[min]40[sec] 
N, 95[deg]18[min]33[sec] W (NAD 1983).
    (ii) The Brazos Harbor containing all waters west of a line drawn 
between the northern point at 28[deg]56[min]27[sec] N, 
95[deg]20[min]00[sec] W, and the southern point 28[deg]56[min]09[sec] N, 
95[deg]20[min]00[sec] W (NAD 1983) at its junction with the Old Brazos 
River Cut.
    (b) Effective dates. This section is effective on April 15, 2003.
    (c) Regulations. (1) Entry of into these zones is prohibited except 
for the following:
    (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

[[Page 723]]

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.

[COTP Houston-Galveston-02-009, 67 FR 23593, May 5, 2003]



Sec. 165.815  Ohio River at Louisville, KY; regulated navigation area.

    (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.

[CGD 2-89-04, 55 FR 23203, June 7, 1990. Redesignated by CGD 96-026, 61 
FR 33669, June 28, 1996]



Sec. 165.817  Arkansas River, Mile 118.2 to 125.4, Little Rock 
Arkansas--regulated navigation area.

    (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.

[CGD2-90-04, 57 FR 22176, May 27, 1992. Redesignated by CGD 96-026, 61 
FR 33669, June 28, 1996]



Sec. 165.820  Security Zone; Ohio River Mile, 34.6 to 35.1, Shippingport, 
Pennsylvania.

    (a) Location. The following area is a security zone: The waters of 
the Ohio River, extending 200 feet from the shoreline of the left 
descending bank beginning from mile marker 34.6 and ending at mile 
marker 35.1.
    (b) Regulations. (1) Entry into or remaining in this zone is 
prohibited unless authorized by the Coast Guard Captain of the Port, 
Pittsburgh.

[[Page 724]]

    (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) Authority. In addition to 33 U.S.C. 1231, the authority for this 
section includes 33 U.S.C. 1226.

[COTP Pittsburgh-02-005, 67 FR 40163, June 12, 2002]



Sec. 165.821  Ohio River at Cincinnati, OH; regulated navigation area.

    (a) Location. The following is a regulated navigation area (RNA)--
The waters of the Ohio River between mile 466.0 and mile 473.0.
    (b) Activation. The restrictions in paragraphs (c) (1) through (4) 
are in effect from one-half hour before sunset to one-half hour after 
sunrise when the Cincinnati, Ohio, Ohio River Gauge is at or above the 
45 foot level. The Captain of the Port, Louisville, Kentucky will 
publish a notice in the Local Notice to Mariners and will make 
announcements by Coast Guard Marine Information Broadcasts whenever the 
river level measured at the gauge activates or terminates the navigation 
restrictions in this section.
    (c) Regulations.
    (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.

[CGD02-95-003, 61 FR 2417, Jan. 26, 1996. Redesignated by CGD 97-023, 62 
FR 33365, June 19, 1997, as amended by USCG-1998-3799, 63 FR 35533, June 
30, 1998]



Sec. 165.825  Security Zones; Captain of the Port St. Louis, Missouri.

    (a) Location. The following areas are security zones:
    (1) Fort Calhoun Nuclear Power Station Security Zone, Fort Calhoun, 
Nebraska--all waters of the Missouri River, extending 75 feet from the 
shoreline of the right descending bank beginning from mile marker 645.6 
and ending at mile marker 646.0.
    (2) Cooper Nuclear Station Security Zone, Brownville, Nebraska--all 
waters of the Missouri River, extending 250 feet from the shoreline of 
the right descending bank beginning from mile marker 532.5 and ending at 
mile marker 532.9.
    (3) Quad Cities Generating Station Security Zone, Cordova, 
Illinois--all waters of the Upper Mississippi River, extending 300 feet 
from the shoreline of the left descending bank beginning from mile 
marker 506.3 and ending at mile marker 507.3.
    (4) Prairie Island Nuclear Generating Facility Security Zone, Welch, 
Minnesota--all waters of the Upper Mississippi River, extending 300 feet 
from the shoreline of the right descending bank beginning from mile 
marker 798.0 and ending at 798.3.
    (5) Clinton Power Station Security Zone, Clinton, Illinois--all 
waters of Lake Clinton in Dewitt County in East Central Illinois bounded 
by a dam constructed near the confluence of Salt Creek River mile 56 and 
the north fork of Salt Creek. The zone extends out 600 feet from shore. 
Boundaries of the zone begin at 40[deg]10[min]30[sec] N, 
88[deg]50[min]30[sec] W; thence east to 40[deg]10[min]30[sec] N, 
88[deg]49[min]55[sec] W; thence south to 40[deg]10[min]15[sec] N, 
88[deg]49[min]55[sec] W; thence west to 40[deg]10[min]15[sec] N, 
88[deg]50[min]30[sec] W; thence returning north to the origin. These 
coordinates are based upon [NAD 83].
    (b) Regulations. (1) Entry into these security zones is prohibited 
unless authorized by the Coast Guard Captain of the Port, St. Louis or 
designated representative.

[[Page 725]]

    (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) Authority. In addition to 33 U.S.C. 1231, the authority for this 
section includes 33 U.S.C. 1226.

[COTP St. Louis-02-005, 67 FR 64043, Oct. 17, 2002]



Sec. 165.830  Regulated Navigation Area; Reporting Requirements for 

Barges Loaded with Certain Dangerous Cargoes, Inland Rivers, Eighth 
Coast Guard District.

    (a) Regulated Navigation Area. The following waters are a regulated 
navigation area (RNA): the Mississippi River above mile 235.0, Above 
Head of Passes, including all its tributaries; the Atchafalaya River 
above mile 55.0, including the Red River; the Ohio River and all its 
tributaries; and the Tennessee River from its confluence with the Ohio 
River to mile zero on the Mobile River and all other tributaries between 
these two rivers.
    (b) Applicability. This section applies to towing vessel operators 
and fleeting area managers responsible for CDC barges in the RNA. This 
section does not apply to:
    (1) Towing vessel operators responsible for barges not carrying CDCs 
barges, or
    (2) Fleet tow boats moving one or more CDC barges within a fleeting 
area.
    (c) Definitions. As used in this section--
    Barge means a non-self propelled vessel engaged in commerce, as set 
out in 33 CFR 160.204.
    Certain Dangerous Cargo or (CDC) includes any of the following:
    (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 barge.
    (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 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,

[[Page 726]]

    (vi) Ethylene dibromide,
    (vii) Methacrylonitrile,
    (viii) Oleum (fuming sulfuric acid), and
    (ix) Propylene oxide.
    CDC barge means a barge containing CDCs or CDC residue.
    Downbound means the tow is traveling with the current.
    Eighth Coast Guard District means the Coast Guard District as set 
out in 33 CFR 3.40-1.
    Fleeting area means any fleet, including any facility, located 
within the area covered by one single port.
    Fleet tow boat means any size vessel that is used to move, 
transport, or deliver a CDC barge within a fleeting area.
    Inland River Vessel Movement Center or (IRVMC) means the Coast Guard 
office that is responsible for collecting the information required by 
this section.
    Towing vessel means any size vessel that is used to move, transport, 
or deliver a CDC barge to a fleet or facility that is located in a 
different port than where the voyage originated.
    Towing vessel operator means the Captain or pilot who is on watch on 
board a towing vessel.
    Upbound means the tow is traveling against the current.
    (d) Regulations. The following must report to the Inland River 
Vessel Movement Center (IRVMC):
    (1) The towing vessel operator responsible for one or more CDC 
barges in the RNA must report all the information items specified in 
table 165.830(f), in paragraph (f) of this section, to the IRVMC:
    (i) Upon point of entry into the RNA with one or more CDC barges;
    (ii) Four hours before originating a voyage within the RNA with one 
or more CDC barges, except if the evolution of making up a tow with a 
CDC barge will take less than four hours before originating a voyage, 
and the towing vessel operator did not receive the order to make up a 
tow with a CDC barge in advance of four hours before originating the 
voyage with one or more CDC barges, in which case the towing vessel 
operator shall submit the required report to the IRVMC as soon as 
possible after receiving orders to make up a tow with one or more CDC 
barges;
    (iii) Upon dropping off one or more CDC barges at a fleeting area or 
facility;
    (iv) Upon picking up one or more additional CDC barges from a 
fleeting area or facility;
    (v) At designated reporting points, set forth in paragraph (e) of 
this section;
    (vi) When the estimated time of arrival (ETA) to a reporting point 
varies by 6 hours from the previously reported ETA;
    (vii) Any significant deviation from previously reported 
information;
    (viii) Upon departing the RNA with one or more CDC barges; and
    (ix) When directed by the IRVMC.
    (2) The fleeting area manager responsible for one or more CDC barges 
in the RNA must report all the information items specified in table 
165.830(g), in paragraph (g) of this section, to the IRVMC:
    (i) Once daily, report all CDC barges within the fleeting area;
    (ii) Upon moving one or more CDC barges within a fleeting area by a 
fleet tow boat;
    (iii) Any significant deviation from previously reported 
information; and
    (iv) When directed by the IRVMC.
    (3) Reports required by this section may be made by a company 
representative or dispatcher on behalf of the fleeting area manager.
    (4) Reports required by this section must be made to the IRVMC 
either by telephone to (866) 442-6089, by fax to (866) 442-6107, or by 
e-mail to irvmc@cgstl.uscg.mil. A reporting form and e-mail link are 
available at http://www.uscg.mil/d8/Divs/M/IRVMC.htm.
    (5) The general regulations contained in 33 CFR 165.13 apply to this 
section.
    (e) Eighth Coast Guard District Inland River RNA Reporting points. 
Towing vessel operators responsible for one or more CDC barges in the 
RNA must make reports to the IRVMC at each point listed in this 
paragraph (e):
(1) Lower Mississippi River (LMR), between Mile Markers (M):
    (i) M 235.0-240.0 (Entering & Exiting RNA)
    (ii) M 338.0-343.0
    (iii) M 430.0-435.0
    (iv) M 520.0-525.0
    (v) M 621.0-626.0

[[Page 727]]

    (vi) M 695.0-700.0
    (vii) M 772.0-777.0
    (viii) M 859.0-864.0
    (ix) M 945.0-950.0
(2) Upper Mississippi River (UMR), between Mile Markers (M) and 
          Departing Lock & Dam (L&D), unless otherwise indicated:
    (i) L&D 3
    (ii) L&D 4
    (iii) L&D 8
    (iv) L&D 11
    (v) L&D 14
    (vi) L&D 18
    (vii) L&D 21
    (viii) L&D 25
    (ix) Arriving Melvin Price L&D (downbound)
    (x) Departing Melvin Price L&D (upbound)
    (xi) M 150.0-145.0
    (xii) M 66.0-61.0
(3) Missouri River (MOR), between Mile Markers (M):
    (i) M 54.0-56.0
    (ii) M 115.0-117.0
    (iii) M 208.0-210.0
    (iv) M 326.0-328.0
    (v) M 397.0-399.0
    (vi) M 487.0-489.0
    (vii) M 572.0-574.0
    (viii) M 652.0-654.0
    (ix) M 745.0-750.0
(4) Illinois River (ILR), at Mile Marker (M) and Lock & Dam (L&D), as 
          indicated:
    (i) M 0.0
    (ii) Departing New LaGrange L&D
    (iii) M 140.0
    (iv) M 187.2 (Entering & Exiting RNA)
(5) Ohio River, between Mile Markers (M) and at Lock & Dam (L&D), as 
          indicated:
    (i) M 950.0-952.0
    (ii) Arriving Smithland L&D
    (iii) M 826.0-828.0
    (iv) M 748.0-750.0
    (v) M 673.0-675.0
    (vi) M 628.0-630.0
    (vii) M 556.0-559.0
    (viii) M 511.0-513.0
    (ix) Departing Capt Anthony Meldahl L&D
    (x) Arriving Greenup L&D (upbound)
    (xi) Departing Greenup L&D (downbound)
    (xii) Departing Robert C. Byrd L&D (upbound)
    (xiii) Arriving Robert C. Bryd L&D (downbound)
    (xiv) Departing Belleville L&D
    (xv) Departing Hannibal L&D
    (xvi) Departing Montgomery L&D
(6) Allegheny River at Lock & Dam (L&D), as indicated:
    (i) Departing L&D 4 (upbound)
    (ii) Arriving L&D 4 (downbound)
(7) Monongahela River Departing Lock & Dam (L&D):
    (i) Grays Landing L&D
    (ii) L&D 3
(8) Kanawha River, at Lock & Dam (L&D), as indicated:
    (i) Arriving Winfield L&D (upbound)
    (ii) Departing Winfield L&D (downbound)
(9) Cumberland River, between Mile Markers (M) and Departing Lock & Dam 
          (L&D), unless otherwise indicated:
    (i) Departing Old Hickory L&D (upbound)
    (ii) Arriving Old Hickory L&D (downbound)
    (iii) M 127.0-129.0
    (iv) Barkley L&D
(10) Tennessee River, between Mile Markers (M) and when Departing Lock & 
          Dam (L&D), unless otherwise indicated:
    (i) Fort Loudon L&D
    (ii) Watts Bar L&D
    (iii) Departing Chickamauga L&D (upbound)
    (iv) Arriving Chickamauga L&D (downbound)
    (v) Nickajack L&D
    (vi) Gunterville L&D
    (vii) General Joe Wheeler L&D
    (viii) Pickwick Landing L&D
    (ix) M 122.0-124.0
    (x) Kentucky L&D
(11) Tennessee-Tombigbee River, between Mile Markers (M) and when 
          Departing Lock & Dam (L&D):
    (i) Lock D
    (ii) Aberdeen L&D
    (iii) Aliceville L&D
    (iv) M 202.0-203.0
    (v) Coffeeville L&D
(12) Mobile River, at Mile Marker (M):
    (i) 0.0 (Entering & Exiting RNA)
    (ii) [Reserved]
(13) Black Warrior River, when Departing L&D:
    (i) Holt L&D
    (ii) [Reserved]
(14) Alabama River, when Departing L&D:
    (i) Claiborne L&D
    (ii) Henry L&D
(15) McClellan-Kerr Arkansas River Navigation System, when Departing 
          Lock & Dam (L&D), unless otherwise indicated:
    (i) Chouteau L&D
    (ii) W.D. Mayo L&D
    (iii) Ozark-Jeta Taylor L&D
    (iv) L&D 9
    (v) Arriving David D. Terry L&D (upbound)
    (vi) Departing David D. Terry L&D (downbound)
    (vii) L&D 2
(16) Red River, between Mile Markers (M) and when Departing Lock & Dam 
          (L&D):
    (i) L.C. Boggs L&D
    (ii) Lock 3
    (iii) M 178.0-180.0
(17) Atchafalaya River, at Mile Marker (M):
    (i) 55.0 (Entering & Exiting RNA)
    (ii) [Reserved]
    (f) Information to be reported to the IRVMC by towing vessel 
operators. With the exception noted in paragraph (d)(1)(ii) of this 
section, towing vessel operators responsible for one or more

[[Page 728]]

CDC barges in the RNA must report all the information required by this 
section as set out in table 165.830(f) of this paragraph.

[[Page 729]]



                                  Table 165.830(f).--Information To Be Reported to the IRVMC by Towing Vessel Operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                 Name and
                                                                                                 Estimated     location of                    Estimated
                                                                                                  time of     destination of                   time of
                                          24-hour       Name of      Barge(s)     Type, name     departure      CDC barge                      arrival
                                          contact       vessel       name and     and amount       from       (fleeting area    Reporting     (ETA) to
                                          number        moving       official       of CDC       fleeting     or facility),       point         next
                                                       barge(s)       number        onboard       area or       including                     reporting
                                                                                                 facility     estimated time                  point (If
                                                                                                                of arrival                   applicable)
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Upon point of entry into the RNA             X             X             X             X   ............               X             X             X
 with a CDC barge....................
(2) 4 hours before to originating a              X             X             X             X             X                X   ............            X
 voyage within the RNA with one or
 more CDC barges; but see exception
 in paragraph (d)(1)(ii) of this
 section
(3) Upon dropping off one or more CDC  ............            X             X   ............  ............  ...............  ............  ............
 barges at a fleeting area or
 facility
(4) Upon picking up one or more        ............            X             X             X   ............  ...............  ............  ............
 additional CDC barges from a
 fleeting area or facility
(5) At designated reporting points in  ............            X             X         (\1\)   ............           (\1\)             X             X
 table 165.830(e)....................
(6) When ETA to a reporting point      ............            X         (\1\)         (\1\)   ............  ...............  ............            X
 varies by 6 hours from previously
 reported ETA........................
(7) Any significant deviation from               X             X             X             X             X                X             X             X
 previously reported information (all
 that apply).........................
(8) Upon departing the RNA with a CDC  ............            X             X   ............  ............  ...............            X   ............
 barge(s)............................
(9) When directed by the IRVMC.......            X             X             X             X             X                X             X             X
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ If changed.


[[Page 730]]

    (g) Information to be reported to the IRVMC by fleeting area 
managers. Fleeting area managers responsible for one or more CDC barges 
in the RNA must report the information required by this section as set 
out in table 165.830(g) of this paragraph.

              Table 165.830(g).--Information To Be Reported to the IRVMC by Fleeting Area Managers
----------------------------------------------------------------------------------------------------------------
                                                                              Type, name and    Location of CDC
                                       24-hour contact   Barge(s) name and    amount of CDC     barge (fleeting
                                            number        official number        onboard       area or facility)
----------------------------------------------------------------------------------------------------------------
(1) Once daily, all CDC barges in a                  X                  X                  X                  X
 fleeting area......................
(2) Upon moving one or more CDC       .................                 X                  X                  X
 barges within a fleeting area by a
 fleet tow boat.....................
(3) Any significant deviation from                   X                  X                  X                  X
 previously reported information
 (all that apply)...................
(4) When directed by the IRVMC......                 X                  X                  X                  X
----------------------------------------------------------------------------------------------------------------

    (h) Alternative reporting. The Eighth Coast Guard District Commander 
may consider and approve alternative methods to be used by a reporting 
party to meet any reporting requirements if--
    (1) the request is submitted in writing to Commander, Eighth Coast 
Guard District (m), Hale Boggs Federal Bldg., 501 Magazine Street, New 
Orleans, LA 70130; and
    (2) the alternative provides an equivalent level of the reporting 
that which would be achieved by the Coast Guard with the required check-
in points.
    (i) Deviation from this section is prohibited unless specifically 
authorized by the Commander, Eighth Coast Guard District or the IRVMC.

(Approved by the Office of Management and Budget under OMB control 
number 1625-0105)

[CDG08-03-029, 68 FR 57363, Oct. 3, 2003; 68 FR 63988, Nov. 12, 2003, as 
amended at 68 FR 69959, Dec. 16, 2003]



Sec. 165.835  Security Zone; Port of Mobile, Mobile Ship Channel, 
Mobile, AL.

    (a) Definition. As used in this section--
    Cruise Ship means 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. 
This definition covers passenger vessels that must comply with 33 CFR 
parts 120 and 128.
    (b) Location. The following areas are security zones: all waters of 
the Port of Mobile and Mobile Ship Channel--
    (1) Within 100 yards of a cruise ship that is transiting shoreward 
of the Mobile Sea Buoy (located in approximate position 
28[deg]07[min]50[sec] N, 88[deg]04[min]12[sec] W; NAD 83), and
    (2) Within 25 yards of a cruise ship that is moored shoreward of the 
Mobile Sea Buoy.
    (c) Periods of enforcement. This rule will only be enforced when a 
cruise ship is transiting the Mobile Ship Channel shoreward of the 
Mobile Sea Buoy, while transiting in the Port of Mobile, or while moored 
in the Port of Mobile. The Captain of the Port Mobile or a designated 
representative would inform the public through broadcast notice to 
mariners of the enforcement periods for the security zone.
    (d) Regulations. (1) Under Sec. 165.33 of this part, entry into a 
security zone is prohibited unless authorized by the Captain of the Port 
Mobile or a designated representative.
    (2) While a cruise ship is transiting on the Mobile Ship Channel 
shoreward of the Mobile Sea Buoy, and while transiting in the Port of 
Mobile, all persons and vessels are prohibited from entering within 100 
yards of a cruise ship.
    (3) While a cruise ship is moored in the Port of Mobile, all persons 
and vessels are prohibited from entering within 25 yards of a cruise 
ship.
    (4) Persons or vessels that desire to enter into the security zone 
for the purpose of passing or overtaking a cruise ship that is in 
transit on the Mobile Ship Channel or in the Port of Mobile must contact 
the on-scene Coast

[[Page 731]]

Guard representative, request permission to conduct such action, and 
receive authorization from the on-scene Coast Guard representative prior 
to initiating such action. The on-scene Coast Guard representative may 
be contacted on VHF-FM channel 16.
    (5) All persons and vessels authorized to enter into this security 
zone must obey any direction or order of the Captain of the Port or 
designated representative. The Captain of the Port Mobile may be 
contacted by telephone at (251) 441-5976. The on-scene Coast Guard 
representative may be contacted on VHF-FM channel 16.
    (6) All persons and vessels shall comply with the instructions of 
the Captain of the Port Mobile and designated on-scene U.S. Coast Guard 
patrol personnel. On-scene Coast Guard patrol personnel include 
commissioned, warrant, and petty officers of the U.S. Coast Guard.

[COTP Mobile-04-057, 70 FR 20813, Apr. 22, 2005]

                       Ninth Coast Guard District



Sec. 165.901  Great Lakes--regulated navigation areas.

    (a) Lake Huron. The following are regulated navigation areas:
    (1) The waters of Lake Huron known as South Channel between Bois 
Blanc Island and Cheboygan, Michigan; bounded by a line north from 
Cheyboygan Crib Light (LL-1340) at 45[deg]39[min]48[sec] N, 
84[deg]27[min]36[sec] W; to Bois Blanc Island at 45[deg]43[min]42[sec] 
N, 84[deg]27[min]36[sec] W; and a line north from the mainland at 
45[deg]43[min]00[sec] N, 84[deg]35[min]30[sec] W; to the western tangent 
of Bois Blanc Island at 45[deg]48[min]42[sec] N, 84[deg]35[min]30[sec] 
W.
    (2) The waters of Lake Huron between Mackinac Island and St. Ignace, 
Michigan, bounded by a line east from position 45[deg]52[min]12[sec] N, 
84[deg]43[min]00[sec] W; to Mackinac Island at 45[deg]52[min]12[sec] N, 
84[deg]39[min]00[sec] W; and a line east from the mainland at 
45[deg]53[min]12[sec] N, 84[deg]43[min]30[sec] W; to the northern 
tangent of Mackinac Island at 45[deg]53[min]12[sec] N, 
84[deg]38[min]48[sec] W.
    (b) Lake Michigan. The following is a regulated navigation area--The 
waters of Lake Michigan known as Gray's Reef Passage bounded by a line 
from Gray's Reef Light (LL-2006) at 45[deg]46[min]00[sec] N, 
85[deg]09[min]12[sec] W; to White Shoals Light (LL-2003) at 
45[deg]50[min]30[sec] N, 85[deg]08[min]06[sec] W; to a point at 
45[deg]49[min]12[sec] N, 85[deg]04[min]48[sec] W; then to a point at 
45[deg]45[min]42[sec] N, 85[deg]08[min]42[sec] W; then to the point of 
beginning.
    (c) Regulations. The COTP, Sault Ste. Marie, will close and open 
these regulated navigation areas as ice conditions dictate. Under normal 
seasonal conditions, only one closing each winter and one opening each 
spring are anticipated. Prior to the closing or opening of the regulated 
navigation areas, the COTP will give interested parties, including both 
shipping interests and island residents, not less than 72 hours notice 
of the action. No vessel may navigate in a regulated navigation area 
which has been closed by the COTP. Under emergency conditions, the COTP 
may authorize specific vessels to navigate in a closed regulated 
navigation area.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 79-026, 48 FR 
35408, Aug. 4, 1983]



Sec. 165.902  Niagara River at Niagara Falls, New York--safety zone.

    (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.



Sec. 165.903  Safety Zones: Cuyahoga River and Old River, Cleveland, OH.

    (a) Location. The waters of the Cuyahoga River and the Old River 
extending ten feet into the river at the following eleven locations, 
including the adjacent shorelines, are safety zones, coordinates for 
which are based on NAD 83.
    (1) From the point where the shoreline intersects longitude 
81[deg]42[min]24.5[sec] 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[deg]42[min]24.5[sec] 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

[[Page 732]]

41 degrees 29[min]53.5[sec] N, 81 degrees 42[min]33.5[sec] 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[min]48.4[sec] N, 81 degrees 42[min]44[sec] W, which is the 
knuckle adjacent to the Ontario Stone warehouse on the south side of the 
Old River.
    (4) From 41 degrees 29[min]51.1[sec] N, 81 degrees 42[min]32.0[sec] 
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[min]55.1[sec] N, 
81 degrees 42[min]27.6[sec] 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[min]48.9[sec] N, 81 degrees 42[min]10.7[sec] 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[min]45.5[sec] N, 81 degrees 42[min]9.7[sec] 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[min]45.2[sec] N, 81 degrees 42.10[sec] 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 bridge (41 degrees 29[min]18.8[sec] 
N, 81 degrees 42[min]02.3W) downriver to the chain link fence at the 
upriver end of the Commodores Club Marina.
    (9) Fifty (50) feet downriver of twenty-five (25) feet upriver from 
41 degrees 29[min]24.5[sec] N, 81 degrees 41[min]57.2[sec] 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[min]33.7[sec] N, 81 degrees 41[min]57.5[sec] 
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[min]41[sec] N, 81 degrees 41[min]38.6[sec] W, which is the 
end of the chain link fence between The Club Mega and Shippers C & D.
    (b) Regulations--(1) General Rule. Except as provided below, entry 
of any kind or for any purpose into the foregoing zones is strictly 
prohibited in accordance with the general regulations in Sec. 165.23 of 
this part.
    (2) Exceptions. Any vessel may transit, but not moor, stand or 
anchor in, the foregoing zones as necessary to comply with the Inland 
Navigation Rules or to otherwise facilitate safe navigation. Cargo 
vessels of 1600 gross tons (GT) or greater may moor in these zones when 
conducting cargo transfer operations.
    (3) Waivers. Owners or operators of docks wishing a partial waiver 
of these regulations may apply to the Captain of the Port, Cleveland, 
Ohio. Partial waivers will only be considered to allow for the mooring 
of vessels in a safety zone when vessels of 1600 GT on greater are not 
navigating in the proximate area. Any requests for a waiver must include 
a plan to ensure immediate removal of any vessels moored in a safety 
zone upon the approach of a vessel(s) 1600 GTs or greater.

[COTP Cleveland REG 89-01, 54 FR 9778, Mar. 8, 1989, as amended by CGD 
09-95-018, 61 FR 37685, July 19, 1996; USCG-2000-7223, 65 FR 40059, June 
29, 2000; USCG-2001-9286, 66 FR 33642, June 25, 2001]



Sec. 165.904  Lake Michigan at Chicago Harbor & Burnham Park 
Harbor--Safety and Security Zone.

    (a) Location. All waters, waterfront facilities, and shoreline areas 
within 1000 yards of the shoreline surrounding Merrill C. Meigs Airfield 
constitute a safety and security zone. This includes all waters 
including Burnham Park Harbor and the southern part of Chicago Harbor, 
Lake Michigan, bounded by the following coordinates:
    (1) Northwest point: 41[deg]52[min]33[sec] N, 87[deg]36[min]58[sec] 
W
    (2) Northeast point: 41[deg]52[min]33[sec] N, 87[deg]35[min]41[sec] 
W
    (3) Southeast point: 41[deg]50[min]42[sec] N, 87[deg]35[min]41[sec] 
W
    (4) Southwest point: 41[deg]50[min]42[sec] N, 87[deg]36[min]33[sec] 
W
    (5) From the southwest point, north along the Lake Michigan 
shoreline, including Burnham Park Harbor, to the northwest point.
    (b) Effective times and dates. This safety and security zone will be 
in effect at various times to be published in the Coast Guard Local 
Notice to Mariners or broadcasted via Marine Radio VHF-

[[Page 733]]

FM Channels 16 & 22. These times will include the actual effective time 
and date and the termination time and date.
    (c) Restrictions. (1) In accordance with the general regulations in 
section 165.23 and 165.33 of this part, entry into this zone is 
prohibited, unless authorized by the U.S. Coast Guard Captain of the 
Port, Chicago, or the U.S. Secret Service. Other general requirements in 
Sec. Sec. 165.23 and 165.33 also apply. Further, no person may enter or 
remain in the shoreline areas of the established safety and security 
zone, unless cleared by a Coast Guard or U.S. Secret Service official.
    (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.

[CGD09-94-005, 59 FR 45227, Sept. 1, 1994]



Sec. 165.905  USX Superfund Site Safety Zones: St. Louis River.

    (a) The following areas of the St. Louis River, within the 
designated boxes of latitude and longitude, are safety zones:
    (1) Safety Zone 1 (North Spirit Lake):

North Boundary: 46[deg]41[min]33[sec] W
South Boundary: 46[deg]41[min]18[sec] W
East Boundary: 92[deg]11[min]53[sec] W
West Boundary: 92[deg]12[min]11[sec] W

    (2) Safety Zone 2 (South Spirit Lake):

North Boundary: 46[deg]40[min]45[sec] N
South Boundary: 46[deg]40[min]33[sec] N
East Boundary: 92[deg]11[min]40[sec] W
West Boundary: 92[deg]12[min]05[sec] W

    (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.

[CGD09-95-026, 60 FR 52862, Oct. 11, 1995]



Sec. 165.906  Lakeside Yacht Club in Cleveland Harbor, Cleveland, 
OH--regulated navigation areas.

    (a) Restricted Areas. The following are areas inside Cleveland 
Harbor which are subject to navigational restrictions based on the 
height of vessel masts as specified in paragraph (b) of this section. 
For the purpose of this section, the term ``mast'' will be used to 
include masts, antennae or any other portion of the vessel extending 
above the waterline. All of these areas are inside the ``Lakeside Yacht 
Club entrance channel,'' defined as the water area between the Lakeside 
Yacht Club jetties and the Burke Lakefront Airport landfill, or inside 
the ``Lakeside Yacht Club docks,'' defined as the docking area inside 
the Lakeside Yacht Club jetties and immediately adjacent to Lakeside 
Yacht Club.
    (1) Restricted area no. 1. Restricted area no. 1 is the water area 
on the southwest end of the Lakeside Yacht Club entrance channel which 
is southwest of a line running 328[deg] T and northwest of a line 
running 232[deg] T from a point at 41[deg]31[min]28.00[sec] N, 
81[deg]40[min]02.60[sec] W, which point is marked by a fixed flashing 
yellow light.
    (2) Restricted area no. 2. Restricted area no. 2 is the water area 
of the Lakeside Yacht Club entrance channel which is outside restricted 
area no. 1 and the entrance to the Yacht Club docking area, and 
southwest of a line running 328[deg] T from the intersection of 
81[deg]39[min]58.47[sec] W and reference line running between point A at 
41[deg]31[min]33.45[sec] N, 81[deg]39[min]47.45[sec] W and point B at 
41[deg]31[min]19.67[sec] N, 81[deg]40[min]19.17[sec] W.
    (3) Restricted area no. 3. Restricted area no. 3 is the water area 
of the Lakeside Yacht Club entrance channel which is outside restricted 
area no. 1, and southwest of a line running 328[deg] T from point A at 
41[deg]31[min]33.45[sec] N., 81[deg]39[min]47.45[sec] W.
    (4) Restricted area no. 4. Restricted area no. 4 is the area inside 
the Lakeside Yacht Club docks which is southwest of a line running 
328[deg] T from the intersection of 81[deg]39[min]58.47[sec] W and a 
reference line running between point A at 41[deg]31[min]33.45[sec] N, 
81[deg]39[min]47.45[sec] W and point B at 41[deg]31[min]19.67[sec] N, 
81[deg]40[min]19.17[sec] W, and northwest of the same reference line.

[[Page 734]]

    (5) Restricted area no. 5. Restricted area no. 5 is the area inside 
the Lakeside Yacht Club docks which is outside restricted area 4 and 
northwest of a line 183 feet southeast and parallel to a reference line 
running between point A at 41[deg]31[min]33.45[sec] N, 
81[deg]39[min]47.45[sec] W and point B at 41[deg]31[min]19.67[sec] N, 
81[deg]40[min]19.17[sec] W.
    (6) Restricted area no. 6. Restricted area no. 6 is the area inside 
the Lakeside Yacht Club docks which is outside restricted areas 4 and 5.
    (b) Restrictions applicable to vessels of certain heights. Vessels 
with masts of certain heights are subject to the following restrictions 
with reference to the restricted areas detailed in paragraph (a) of this 
section. The height of a vessel is the height above the water line of 
masts, antennas, navigational equipment, or any other structure.
    (1) Less than 41 feet. Vessels less than 41 feet in height are not 
subject to any restrictions under this section.
    (2) 41 to 45 feet. Vessels at least 41 feet in height yet less than 
45 feet in height may not enter restricted area 1.
    (3) 45 to 53 feet. Vessels at least 45 feet in height yet less than 
53 feet in height may not enter restricted area 1 and must comply with 
the clearance procedures prescribed in paragraph (c) when navigating 
through restricted area 2.
    (4) 53 to 63 feet. Vessels at least 53 feet in height yet less than 
63 feet in height may not enter restricted area 1, must comply with the 
clearance procedures prescribed in paragraph (c) of this section when 
navigating through restricted area 2, and may not dock in or enter 
restricted area 4 at any time.
    (5) 63 to 95 feet. Vessels at least 63 feet in height yet less than 
95 feet in height may not enter restricted area 1, must comply with the 
clearance procedures prescribed in paragraph (c) of this section when 
navigating through restricted areas 2 or 3, and may not dock in or enter 
restricted areas 4 or 5 at any time.
    (6) 95 feet or more. Vessel 95 feet or more in height may not enter 
any restricted area, 1 through 6, at any time.
    (c) Clearance procedures. Except during the times specified in 
paragraph (d), operators of vessels subject to these procedures must do 
the following:
    (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) Enforcement of clearance requirements. The clearance procedures 
specified in paragraph (c) of this section will not be enforced during 
the following times:
    (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) Enforcement. This section will not be enforced during any period 
in which the Federal Aviation Administration withdraws approval for 
operation of an instrument-only approach to runway 24 on the northeast 
end of Burke Lakefront Airport.

[CGD09-97-002, 64 FR 8006, Feb. 18, 1999]



Sec. 165.907  Safety Zones: Annual fireworks events in the Captain of 
the Port Detroit Zone.

    (a) Safety Zones. The following areas are designated safety zones:
    (1) Bay-Rama Fishfly Festival, New Baltimore, MI:

[[Page 735]]

    (i) Location. All waters off New Baltimore City Park, Lake St. 
Clair--Anchor Bay bounded by the arc of a circle with a 300-yard radius 
with its center located at approximate position 42[deg]41[min] N, 
082[deg]44[min] W (NAD 1983).
    (ii) Expected date. One day early in June.
    (2) Jefferson Beach Marina Fireworks, St. Clair Shores, MI:
    (i) Location. All waters of Lake St. Clair within a 300-yard radius 
of the fireworks barge in approximate position 42[deg]32[min] N, 
082[deg]51[min] W (NAD 1983), about 1000 yards east of Jefferson Beach 
Marina.
    (ii) Expected date. One day in the last week of June.
    (3) Sigma Gamma Assoc., Grosse Pointe Farms, MI:
    (i) Location. The waters off Ford's Cove, Lake St. Clair bounded by 
the arc of a circle with a 300-yard radius with its center in 
approximate position 42[deg]27[min] N, 082[deg]52[min] W (NAD 1983).
    (ii) Expected date. One day in the last week of June.
    (4) Lake Erie Metro Park Fireworks:(i) Location. The waters off the 
Brownstown Wave Pool area, Lake Erie bounded by the arc of a circle with 
a 300-yard radius with its center in approximate position 42[deg]03[min] 
N, 083[deg]11[min] W (NAD 1983).
    (ii) Expected date. One day in the first week of July.
    (5) City of St. Clair Fireworks:
    (i) Location. The waters off St. Clair City Park, St. Clair River 
bounded by the arc of a circle with a 300-yard radius with its center in 
approximate position 42[deg]49[min] N, 082[deg]29[min] W (NAD 1983).
    (ii) Expected date. One day in the first week of July.
    (6) Oscoda Township Fireworks:
    (i) Location. The waters off the DNR Boat Launch at the mouth of the 
Ausable River bounded by the arc of a circle with a 300-yard radius with 
its center in approximate position 44[deg]19[min] N, 083[deg]25[min] W 
(NAD 1983).
    (ii) Expected Date. One day in the first week of July.
    (7) Port Austin Fireworks:
    (i) Location. The waters off the Port Austin Breakwall, Lake Huron 
bounded by the arc of a circle with a 300-yard radius with its center in 
approximate position 43[deg]03[min] N, 082[deg]40[min] W (NAD 1983).
    (ii) Expected Date. One day in the first week of July.
    (8) City of Wyandotte Fireworks, Wyandotte, MI:
    (i) Location. The waters off the breakwall between Oak & Van Alstyne 
St., Detroit River bounded by the arc of a circle with a 300-yard radius 
with its center in approximate position 42[deg]12[min] N, 
083[deg]09[min]W (NAD 1983).
    (ii) Expected date. One day in the first week of July.
    (9) Grosse Pointe Farms Fireworks, Grosse Pointe Farms, MI:
    (i) Location. All waters of Lake St. Clair within a 300-yard radius 
of the fireworks barge in approximate position 42[deg]23[min] N, 
082[deg]52[min] W (NAD 1983), about 300 yards east of Grosse Pointe 
Farms.
    (ii) Expected date. One day in the first week of July.
    (10) Caseville Fireworks, Caseville, MI:
    (i) Location. The waters off the Caseville breakwall, Saginaw River 
bounded by the arc of a circle with a 300-yard radius with its center in 
approximate position 43[deg]55[min] N, 083[deg]17[min] W (NAD 1983).
    (ii) Expected date. One day in the first week of July.
    (11) Algonac Pickerel Tournament Fireworks, Algonac, MI:
    (i) Location. All waters of the St. Clair River within a 300-yard 
radius of the fireworks barge in approximate position 42[deg]37[min] N, 
082[deg]32[min] W (NAD 1983), between Algonac and Russell Island, St. 
Clair River--North Channel.
    (ii) Expected date. One day in the first week of July.
    (12) Port Sanilac Fireworks, Port Sanilac, MI:
    (i) Location. The waters off the South Harbor Breakwall, Lake Huron 
bounded by the arc of a circle with a 300-yard radius with its center in 
approximate position 43[deg]25[min] N, 082[deg]31[min] W (NAD 1983).
    (ii) Expected date. One day in the first week of July.
    (13) St. Clair Shores Fireworks, St. Clair Shores, MI:
    (i) Location. All waters of Lake St. Clair within a 300-yard radius 
of the fireworks barge in approximate position 42[deg]32[min] N, 
082[deg]51[min] W (NAD 1983), about 1000 yards east of Veterans Memorial 
Park (off Masonic Rd.), St. Clair Shores.

[[Page 736]]

    (ii) Expected date. One day in the first week of July.
    (14) Port Huron 4th of July Fireworks, Port Huron, MI:
    (i) Location. All waters of the Black River within a 300-yard radius 
of the fireworks barge in approximate position 42[deg]58[min] N, 
082[deg]25[min] W (NAD 1983), about 300 yards east of 223 Huron Ave., 
Black River.
    (ii) Expected date. One day in the first week of July.
    (15) Grosse Pointe Yacht Club 4th of July Fireworks, Grosse Pointe 
Shores, MI:
    (i) Location. All waters of Lake St. Clair within a 300-yard radius 
of the fireworks barge in approximate position 42[deg]25[min] N, 
082[deg]52[min] W (NAD 1983), about 400 yards east of the Grosse Pointe 
Yacht Club seawall, Lake St. Clair.
    (ii) Expected date. One day in the first week of July.
    (16) Lexington Independence Festival Fireworks, Lexington, MI:
    (i) Location. All waters of Lake Huron within a 300-yard radius of 
the fireworks barge in approximate position 43[deg]13[min] N, 
082[deg]30[min] W (NAD 1983), about 300 yards east of the Lexington 
breakwall, Lake Huron.
    (ii) Expected date. One day in the first week of July.
    (17) City of Ecorse Water Festival Fireworks, Ecorse, MI:
    (i) Location. All waters of the Ecorse Channel within a 300-yard 
radius of the fireworks barge in approximate position 42[deg]14[min] N, 
083[deg]09[min] W (NAD 1983), at the northern end of Mud Island, Ecorse.
    (ii) Expected date. One day in the first week of July.
    (18) Grosse Ile Yacht Club Fireworks:
    (i) Location. The waters off the Grosse Ile Yacht Club Deck, Detroit 
River bounded by the arc of a circle with a 300-yard radius with its 
center approximately located at latitude 42[deg]05[min] N, 
083[deg]09[min] W (NAD 1983).
    (ii) Expected date. One day in the first week of July.
    (19) Trenton Fireworks Display, Trenton, MI:
    (i) Location. All waters of the Trenton Channel within a 300-yard 
radius of the fireworks barge in approximate position 42[deg]09[min] N, 
083[deg]10[min] W (NAD 1983), about 200 yards east of Trenton, in the 
Trenton Channel.
    (ii) Expected date. One day in the first week of July.
    (20) Belle Maer Harbor 4th of July Fireworks, Harrison Township, MI:
    (i) Location. All waters of Lake St. Clair within a 300-yard radius 
of the fireworks barge in approximate position 42[deg]36[min] N, 
082[deg]47[min] W (NAD 1983), about 400 yards east of Belle Maer Harbor, 
Lake St. Clair--Anchor Bay.
    (ii) Expected date. One day in the first week of July.
    (21) Tawas City 4th of July Fireworks, Tawas, MI:
    (i) Location. The waters off the Tawas City Pier, Lake Huron bounded 
by the arc of a circle with a 300-yard radius with its center in 
approximate position 44[deg]13[min] N, 083[deg]30[min] W (NAD 1983).
    (ii) Expected date. One day in the first week of July.
    (22) Maritime Day Fireworks, Marine City, MI:
    (i) Location. All waters of the St. Clair River within a 300-yard 
radius of the fireworks barge in approximate position 42[deg]43[min] N, 
082[deg]29[min] W (NAD 1983), about 500 yards east of Marine City, St. 
Clair River.
    (ii) Expected date. One day in the second weekend of August.
    (23) Venetian Festival Boat Parade & Fireworks, St. Clair Shores, 
MI:
    (i) Location. All waters of Lake St. Clair within a 300-yard radius 
of the fireworks barge in approximate position 42[deg]28[min] N, 
082[deg]52[min] W (NAD 1983), about 600 yards off Jefferson Beach 
Marina, Lake St. Clair.
    (ii) Expected date. One day in the second weekend of August.
    (b) Regulations.
    (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,

[[Page 737]]

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) Effective period. The Captain of the Port Detroit will publish a 
Notice of Implementation in the Federal Register as well as in the Ninth 
Coast Guard District Local Notice to Mariners the dates and times this 
section is in effect.

[CGD09-01-002, 66 FR 27869, May 21, 2001]



Sec. 165.909  Safety Zones; Annual fireworks events in the Captain of 
the Port Milwaukee Zone.

    (a) Safety zones. The following areas are designated safety zones:
    (1) Pridefest Fireworks--Milwaukee, WI.
    (i) Location. All waters off of Henry W. Maier Festival Park Harbor 
Island, outer Milwaukee Harbor from the point of origin at 
43[deg]02.209[min] N, 087[deg]53.714[min] W; southeast to 
43[deg]02.117[min] N, 087[deg]53.417[min] W; then south to 
43[deg]01.767[min] N, 087[deg]53.417[min] W; then southwest to 
43[deg]01.555[min] N, 087[deg]53.772[min] W; then north following the 
shoreline back to the point of origin (NAD 83). The Harbor Island Lagoon 
Area is encompassed by this safety zone.
    (ii) Expected date and time. Second week in June; sunset to 
termination of display.
    (2) Summerfest Fireworks--Milwaukee, WI.
    (i) Location. All waters off of Henry W. Maier Festival Park Harbor 
Island, outer Milwaukee Harbor encompassed by a line drawn from the 
point of origin at 43[deg]02.209[min] N, 087[deg]53.714[min] W; then 
southeast to 43[deg]02.117[min] N, 087[deg]53.417[min] W; then south to 
43[deg]01.767[min] N, 087[deg]53.417[min] W; then southwest to 
43[deg]01.555[min] N, 087[deg]53.772[min] W; then north following the 
shoreline back to the point of origin (NAD 83). The Harbor Island Lagoon 
Area is encompassed by this safety zone.
    (ii) Expected date and time. Last week in June; sunset to 
termination of display.
    (3) Summerfest Hole-in-One Shoot/Stunt Shows.
    (i) Location. All waters of the Harbor Island Lagoon, outer 
Milwaukee Harbor from the point of origin at 43[deg]02.50[min] N, 
087[deg]53.78[min] W then west to 43[deg]02.50[min] N, 
087[deg]53.85[min] W; then following the shoreline of the Henry W. Maier 
Festival Park and Harbor Island back to the point of origin. All 
geographic coordinates are North American Datum of 1983 (NAD 83).
    (ii) Expected date and time. Last week in June through the first two 
weeks in July; 11:30 a.m. to 9:15 p.m.
    (4) Festa Italiana Fireworks--Milwaukee, WI.
    (i) Location. All waters off of Henry W. Maier Festival Park Harbor 
Island, outer Milwaukee Harbor from the point of origin at 
43[deg]02.209[min] N, 087[deg]53.714[min] W; then southeast to 
43[deg]02.117[min] N, 087[deg]53.417[min] W; then south to 
43[deg]01.767[min] N, 087[deg]53.417[min] W; then southwest to 
43[deg]01.555[min] N, 087[deg]53.772[min] W; then north following the 
shoreline back to the point of origin (NAD 83). The Harbor Island Lagoon 
Area is also included in this safety zone.
    (ii) Expected date and time. Third week in July; sunset to 
termination of display.
    (5) Germanfest Fireworks--Milwaukee, WI.
    (i) Location. All waters off of Henry W. Maier Festival Park Harbor 
Island, outer Milwaukee Harbor from the point of origin at 
43[deg]02.209[min] N, 087[deg]53.714[min] W; then southeast to 
43[deg]02.117[min] N, 087[deg]53.417[min] W; then south to 
43[deg]01.767[min] N, 087[deg]53.417[min] W; southwest to 
43[deg]01.555[min] N, 087[deg]53.772[min] W; then north following the 
shoreline back to the point of origin (NAD 83). The Harbor Island Lagoon 
Area is encompassed by this safety zone.
    (ii) Expected date and time. Last week in July; sunset to 
termination of display.
    (6) African World Festival--Milwaukee, WI.
    (i) Location. All waters off of Henry W. Maier Festival Park Harbor 
Island, outer Milwaukee Harbor from the point of origin at 
43[deg]02.209[min] N, 087[deg]53.714[min] W; then southeast to 
43[deg]02.117[min] N, 087[deg]53.417[min] W; then south to 
43[deg]01.767[min] N, 087[deg]53.417[min] W; then southwest to 
43[deg]01.555[min] N, 087[deg]53.772[min] W; then north following the 
shoreline back to the point of origin

[[Page 738]]

(NAD 83). The Harbor Island Lagoon Area is encompassed by this safety 
zone.
    (ii) Expected date and time. First week in August; sunset to 
termination of display.
    (7) Irishfest Fireworks--Milwaukee, WI.
    (i) Location. All waters off of Henry W. Maier Festival Park Harbor 
Island, outer Milwaukee Harbor from the point of origin at 
43[deg]02.209[min] N, 087[deg]53.714[min] W; then southeast to 
43[deg]02.117[min] N, 087[deg]53.417[min] W; then south to 
43[deg]01.767[min] N, 087[deg]53.417[min] W; then southwest to 
43[deg]01.555[min] N, 087[deg]53.772[min] W; then north following the 
shoreline back to the point of origin (NAD 83). The Harbor Island Lagoon 
Area is encompassed by this safety zone.
    (ii) Expected date and time. Third week in August; sunset to 
termination of display.
    (8) Mexican Fiesta Fireworks--Milwaukee, WI.
    (i) Location. All waters off of Henry W. Maier Festival Park Harbor 
Island, outer Milwaukee Harbor from the point of origin at 
43[deg]02.209[min] N, 087[deg]53.714[min] W; then southeast to 
43[deg]02.117[min] N, 087[deg]53.417[min] W; then south to 
43[deg]01.767[min] N, 087[deg]53.417[min] W; then southwest to 
43[deg]01.555[min] N, 087[deg]53.772[min] W; then north following the 
shoreline back to the point of origin (NAD 83). The Harbor Island Lagoon 
Area is encompassed by this safety zone.
    (ii) Expected date and time. Last Week in August; sunset to 
termination of display.
    (9) Indian Summer Fireworks--Milwaukee, WI.
    (i) Location. All waters off of Henry W. Maier Festival Park Harbor 
Island, outer Milwaukee Harbor from the point of origin at 
43[deg]02.209[min] N, 087[deg]53.714[min] W; then southeast to 
43[deg]02.117[min] N, 087[deg]53.417[min] W; then south to 
43[deg]01.767[min] N, 087[deg]53.417[min] W; then southwest to 
43[deg]01.555[min] N, 087[deg]53.772[min] W; then north following the 
shoreline back to the point of origin (NAD 83). The Harbor Island Lagoon 
Area is encompassed by this safety zone.
    (ii) Expected date and time. First week in September; sunset to 
termination of display.
    (10) Arabianfest Fireworks--Milwaukee, WI.
    (i) Location. All waters off of Henry W. Maier Festival Park Harbor 
Island, outer Milwaukee Harbor from the point of origin at 
43[deg]02.209[min] N, 087[deg]53.714[min] W; then southeast to 
43[deg]02.117[min] N, 087[deg]53.417[min] W; then south to 
43[deg]01.767[min] N, 087[deg]53.417[min] W; then southwest to 
43[deg]01.555[min] N, 087[deg]53.772[min] W; then north following the 
shoreline back to the point of origin (NAD 83). The Harbor Island Lagoon 
Area is encompassed by this safety zone.
    (ii) Expected date and time. Second Week in September; sunset to 
termination of display.
    (11) St. Patrick's Day Fireworks--Manitowoc.
    (i) Location. All waters and adjacent shoreline across from the 
World War II U.S. Cobia submarine, Manitowoc River encompassed by the 
arc of a circle with a 70-foot radius with its center in approximate 
position 44[deg]05.30[min] N, 087[deg]39.15[min] W (NAD 1983).
    (ii) Expected date and time. Third week in March; sunset to 
termination of display.
    (12) Rockets for Schools--Sheboygan, WI.
    (i) Location. All waters and adjacent shoreline around the south 
breakwall area, Lake Michigan encompassed by the arc of a circle with a 
1260-foot radius with its center in the approximate position 
43[deg]44.56[min] N, 087[deg]42.06[min] W (NAD 1983). This zone will 
encompass the entrance to Sheboygan Harbor and will result in its 
closure while the safety zone is in effect.
    (ii) Expected date and time. Second weekend in May; sunset to 
termination of display.
    (13) City of Sheboygan Fourth of July Fireworks.
    (i) Location. All waters and adjacent shoreline of Lake Michigan 
encompassed by the arc of a circle with an 840-foot radius with its 
center in the approximate position 43[deg]44.48[min] N, 
087[deg]42.14[min] W (NAD 1983). This zone will encompass the entrance 
to Sheboygan Harbor and will result in its closure while the safety zone 
is in effect.
    (ii) Expected date and time. First week in July; sunset to 
termination of display.
    (14) City of Kenosha Fourth of July Fireworks.

[[Page 739]]

    (i) Location. All waters and adjacent shoreline around the South 
Pier Light area, Lake Michigan encompassed by the arc of a circle with 
an 840-foot radius with its center in approximate position 
42[deg]35.17[min] N, 087[deg]48.33[min] W (NAD 1983). This safety zone 
will encompass the entrance to Kenosha Harbor and will result in its 
closure while the safety zone is in effect.
    (ii) Expected date and time. First week in July; sunset to 
termination of display.
    (15) U.S. Bank (Firstar) Fireworks--Milwaukee, WI.
    (i) Location. All waters and adjacent shoreline south of Juneau 
Park, outer Milwaukee Harbor encompassed by the arc of a circle with an 
840-foot radius of the fireworks barge in approximate position 
43[deg]02.23[min] N, 087[deg]53.30[min] W (NAD 1983).
    (ii) Expected date and time. First week in July; sunset to 
termination of display.
    (16) Marinettefest Fireworks.
    (i) Location. All waters between the U.S. 41 Interstate Bridge (mile 
marker 1.88) and the NEW Hydro Inc. Dam (mile marker 2.45) on the 
Menominee River. This safety zone includes all adjacent shoreline 
between the bridge and the dam.
    (ii) Expected date and time. First week in July; sunset to 
termination of display.
    (17) Riversplash Fireworks-Milwaukee, WI.
    (i) Location. All waters and adjacent shoreline east of Pere 
Marquette Park, Milwaukee River encompassed by the arc of a circle with 
a 210-foot radius of the fireworks barge in approximate position 
43[deg]02.33[min] N, 087[deg]54.46[min] W (NAD 1983). (This safety zone 
will temporarily close down the Milwaukee River.)
    (ii) Expected date and time. First week in June; sunset to 
termination of display.
    (18) Manitowoc Municipal Fourth of July Fireworks.
    (i) Primary location. All waters and adjacent shoreline east of the 
Manitowoc Yacht Club, Lake Michigan encompassed by the arc of a circle 
with an 840-foot radius of the fireworks barge in approximate position 
44[deg]06.05[min] N, 087[deg]38.37[min] W (NAD 1983).
    (ii) Alternate location. All waters and the adjacent shoreline 
encompassed by the arc of a circle with a 420-foot radius of the 
fireworks barge with its center in approximate position 
44[deg]05.33[min] N, 087[deg]39.00[min] W (NAD 1983). If display is 
moved to secondary site, it will temporarily close entrance to Manitowoc 
Harbor.
    (iii) Expected date and time. First week in July; sunset to 
termination of display.
    (19) Fourthfest of Greater Racine.
    (i) Primary location. All waters and adjacent shoreline around the 
north breakwall, Lake Michigan encompassed by the arc of a circle with a 
560-foot radius with its center in approximate position 
42[deg]44.14[min] N, 087[deg]46.30[min] W (NAD 1983).
    (ii) Alternate location. All waters and adjacent shoreline 
encompassed by the arc of a circle with a 560-foot radius with its 
center in approximate position 42[deg]44.21[min] N, 087[deg]46.45[min] W 
(NAD 1983) (on the beach north of the northern breakwall).
    (iii) Expected date and time. First week in July; sunset to 
termination of display.
    (20) Celebrate Amerifest--Green Bay, WI.
    (i) Location. All waters and adjacent shoreline between the Green 
Bay & Western Railroad Bridge (mile marker 1.03) and the Mason St. 
Bridge (mile marker 3.52) on the Fox River. This safety will temporarily 
close the Fox River. (This safety zone does not encompass the water of 
the East River.)
    (ii) Expected date and time. First week in July; 2 p.m. to 11 p.m.
    (21) South Shore Frolics Fireworks--Milwaukee, WI.
    (i) Location. All waters and adjacent shoreline east of South Shore 
Park, Milwaukee Harbor encompassed by the arc of a circle with a 280-
foot radius with its center in approximate position 42[deg]59.43[min] N, 
087[deg]52.54[min] W (NAD 1983).
    (ii) Expected date and time. Second week in July; sunset to 
termination of display.
    (22) Kewaunee Annual Trout Festival.
    (i) Location. All waters and adjacent shoreline around the south 
breakwall area, Lake Michigan encompassed by the arc of a circle with a 
560-foot radius with its center in approximate position

[[Page 740]]

44[deg]27.30[min] N, 087[deg]29.46[min] W (NAD 1983). This safety zone 
will temporarily close the entrance to Kewaunee Harbor.
    (ii) Expected time and date. Third weekend in July; sunset to 
termination of display.
    (23) Port Washington Fish Days Fireworks.
    (i) Location. All waters and adjacent shoreline around the Wisconsin 
Electric Coal Dock, Lake Michigan encompassed by the arc of a circle 
with an 840-foot radius with its center in approximate position 
43[deg]23.07[min] N, 087[deg]51.55[min] W (NAD 1983). This safety zone 
will temporarily close the entrance to Port Washington Harbor.
    (ii) Expected date and time. Third week in July; sunset to 
termination of display.
    (24) Menominee Waterfront Festival.
    (i) Location. All waters and adjacent shoreline off the southeast 
side of the Menominee Municipal Marina, Lake Michigan encompassed by the 
arc of a circle with an 840-foot radius of the fireworks launch platform 
with its center in approximate position 45[deg]20.05[min] N, 
087[deg]36.49[min] W (NAD 1983).
    (ii) Expected date and time. The Saturday following the first 
Thursday in August; sunset to termination of display.
    (25) Sturgeon Bay Venetian Night Fireworks.
    (i) Location. All waters and adjacent shoreline off the Sturgeon Bay 
Yacht Club, Sturgeon Bay Canal encompassed by the arc of a circle with a 
350-foot radius of the fireworks launch platform with its center in 
approximate position 44[deg]49.33[min] N, 087[deg]23.27[min] W (NAD 
1983). This safety zone will temporarily close down the Sturgeon Bay 
Canal.
    (ii) Expected date and time. First weekend in August; 10 a.m. to 
termination of fireworks display.
    (26) Algoma Shanty Days Fireworks.
    (i) Primary location. All waters and adjacent shoreline around the 
south breakwall area, Lake Michigan encompassed by the arc of a circle 
with a 560-foot radius with its center in approximate position 
44[deg]36.22[min] N, 087[deg]25.55[min] W (NAD 1893) forming the primary 
site.
    (ii) Alternate location. All waters and adjacent shoreline 
encompassed by the arc of a circle with a 560-foot radius with its 
center in approximate position 44[deg]36.28[min] N, 087[deg]25.54[min] W 
(NAD 1983). If display is moved to secondary site, it will temporarily 
close entrance to Algoma Harbor.
    (iii) Expected time and date. Second week in August; sunset to 
termination of display.
    (27) Sister Bay MarinaFest--Sister Bay.
    (i) Location. All waters and adjacent shoreline off the town of 
Sister Bay, Lake Michigan encompassed by the arc of a circle with a 560-
foot radius of the fireworks launch platform with its center in 
approximate position 45[deg]10.60[min] N, 087[deg]06.60[min] W (NAD 
1983).
    (ii) Expected date and time. First week in September; sunset to 
termination of display.
    (28) Milwaukee River Challenge--Milwaukee, WI.
    (i) Location. All waters and adjacent shoreline between the Humboldt 
Ave. Bridge (mile marker 3.22) and E. Chicago St. (mile marker 1.08) on 
the Milwaukee River. This safety zone will temporarily close the 
Milwaukee River for crew boat races.
    (ii) Expected date and time. Third week in September; 10 a.m. to 5 
p.m.
    (29) Sheboygan South High School Homecoming Fireworks.
    (i) Location. All waters and adjacent shoreline around the south 
breakwall area, Lake Michigan encompassed by the arc of a circle with a 
420-foot radius with its center in approximate position 
43[deg]44.57[min] N, 087[deg]42.13[min] W (NAD 1983). This safety zone 
will temporarily close the entrance to Sheboygan Harbor.
    (ii) Expected date and time. One day in the first two weeks in 
October; sunset to termination of display.
    (b) Regulations. (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,

[[Page 741]]

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) Enforcement period. The Captain of the Port Milwaukee will 
publish at least 10 days in advance a Notice in the Federal Register as 
well as in the Ninth Coast Guard District Local Notice to Mariners the 
dates and times this section will be enforced.

[CGD09-02-003, 67 FR 44560, July 3, 2002]



Sec. 165.910  Security Zones; Captain of the Port Chicago, Zone, 
Lake Michigan.

    (a) Security zones. The following areas, defined by coordinates 
based upon North American Datum 1983, are security zones:
    (1) Navy Pier Northside. (i) Location. All waters between the Navy 
Pier and the Jardine Water Filtration Plant shoreward of a line drawn 
from the southeast corner of the Jardine Water Filtration Plant at 
41[deg]53[min]36[sec] N, 87[deg]36[min]10[sec] W, to the northeast 
corner of the Navy Pier at 41[deg]53[min]32[sec] N, 
87[deg]35[min]55[sec] W; then following the Navy Pier, seawall, and 
Jardine Water Filtration Plant back to the beginning.
    (ii) Regulations. The Captain of the Port Chicago will normally 
permit those U.S. Coast Guard certificated passenger vessels that 
normally load and unload passengers at Navy Pier to operate in the zone. 
However, should the Captain of the Port Chicago determine it is 
appropriate, he will require even those U.S. Coast Guard certificated 
passenger vessels which normally load and unload passengers at Navy Pier 
to request permission before leaving or entering the security zones. The 
Captain of the Port Chicago will notify these vessels via Broadcast 
Notice to Mariners if they must notify the Coast Guard before entering 
or transiting the security zone. As such, vessels that regularly operate 
within this zone are responsible for monitoring Broadcasts Notice to 
Mariners for the Chicago area. These broadcasts will be made by U.S. 
Coast Guard Group Milwaukee.
    (2) Dresden Nuclear Power Plant. All waters of the Illinois River in 
the vicinity of Dresden Nuclear Power Plant encompassed by a line 
starting on the shoreline at 41[deg]23[min]45[sec] N, 
88[deg]16[min]18[sec] W; then east to the shoreline at 
41[deg]23[min]39[sec] N, 88[deg]16[min]09[sec] W; then following along 
the shoreline back to the beginning.
    (3) Donald C. Cook Nuclear Power Plant. All waters of Lake Michigan 
around the Donald C. Cook Nuclear Power Plant encompassed by a line 
starting on the shoreline at 41[deg]58.656[min] N, 86[deg]33.972[min] W; 
then northwest to 41[deg]58.769[min] N, 86[deg]34.525[min] W; then 
southwest to 41[deg]58.589[min] N, 86[deg]34.591[min] W; then southeast 
to the shoreline at 41[deg]58.476[min] N, 86[deg]34.038[min] W; and 
following along the shoreline back to the beginning.
    (4) Palisades Nuclear Power Plant. All waters of Lake Michigan 
around the Palisades Nuclear Power Plant within a line starting on the 
shoreline at 42[deg]19[min]07[sec] N, 86[deg]19[min]05[sec] W; then 
northwest to 42[deg]19[min]22[sec] N, 86[deg]19[min]54[sec] W; then 
north to 42[deg]19[min]44[sec] N, 86[deg]19[min]43[sec] W; then 
southeast back to the shoreline at 42[deg]19[min]31[sec] N, 
86[deg]18[min]50[sec] W; then following along the shoreline back to the 
beginning.
    (5) Hammond Intake Crib. All navigable waters bounded by the arc of 
a circle with a 100-yard radius with its center in approximate position 
41[deg]42[min]15[sec] N, 087[deg]29[min]49[sec] W (NAD 83).
    (6) Zion Nuclear Power Plant. All waters of Lake Michigan 
encompassed by a line starting on the shoreline at 42[deg]26[min]36[sec] 
N, 87[deg]48[min]03[sec] W; then southeast to 42[deg]26[min]20[sec] N, 
87[deg]47[min]35[sec] W; then northeast to 42[deg]26[min]53[sec] N, 
87[deg]47[min]22[sec] W; then northwest to the shoreline at 
42[deg]27[min]06[sec] N, 87[deg]48[min]00[sec] W; then following along 
the shoreline back to the beginning.
    (7) 68th Street Water Intake Crib. All waters of Lake Michigan 
within the arc of a circle with a 100-yard radius of the 68th Street 
Crib with its center in approximate position 41[deg]47[min]10[sec] N, 
87[deg]31[min]51[sec] W.
    (8) Dever Water Intake Crib. All waters of Lake Michigan within the 
arc of a circle with a 100-yard radius of the Dever Crib with its center 
in approximate position 41[deg]54[min]55[sec] N, 87[deg]33[min]20[sec] 
W.
    (9) 79th Street Water Intake Crib. All waters of Lake Michigan 
within the arc of a circle with a 100-yard radius of the

[[Page 742]]

79th Street Water Filtration Plant with its center in the approximate 
position 41[deg]45[min]30[sec] N, 87[deg]32[min]32[sec] W.
    (b) Regulations. (1) Under Sec. 165.33, entry into these zones is 
prohibited unless authorized by the Coast Guard Captain of the Port 
Chicago. Section 165.33 also contains other general requirements.
    (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) Authority. 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.

[CGD09-02-001, 67 FR 53502, Aug. 16, 2002; 67 FR 65041, Oct. 23, 2002, 
as amended by CGD09-04-020, 69 FR 71709, Dec. 10, 2004]



Sec. 165.911  Security Zones; Captain of the Port Buffalo Zone.

    (a) Location. The following are security zones:
    (1) Nine Mile Point and Fitzpatrick Nuclear Power Plants. The 
navigable waters of Lake Ontario bounded by the following coordinates: 
commencing at 43[deg]30.8[min] N, 076[deg]25.7[min] W; then north to 
43[deg]31.2[min] N, 076[deg]25.7[min] W; then east-northeast to 
43[deg]31.6[min] N, 076[deg]24.9[min] W; then east to 43[deg]31.8[min] 
N, 076[deg]23.2[min] W; then south to 43[deg]31.5[min] N, 
076[deg]23.2[min] W; and then following the shoreline back to the point 
of origin (NAD 83).
    (2) Ginna Nuclear Power Plant. The waters of Lake Ontario bounded by 
the following area, starting at 43[deg]16.9[min] N, 077[deg]18.9[min] W; 
then north to 43[deg]17.3[min] N, 077[deg]18.9[min] W; then east to 
43[deg]17.3[min] N, 077[deg]18.3[min] W; then south to 43[deg]16.7[min] 
N, 077[deg]18.3[min] W; then following the shoreline back to starting 
point (NAD 83).
    (3) Moses-Saunders Power Dam. The waters of the St. Lawrence River 
bounded by the following area, starting at 45[deg]00.73[min] N, 
074[deg]47.85[min] W; southeast following the international border to 
45[deg]00.25[min] N, 074[deg]47.56[min] W; then southwest to 
45[deg]00.16[min] N, 074[deg]47.76[min] W; then east to the shoreline at 
45[deg]00.16[min] N, 074[deg]47.93[min] W; then northwest to 
45[deg]00.36[min] N, 074[deg]48.16[min] W; then northeast back to the 
starting point (NAD 83).
    (4) Long Sault Spillway Dam. The waters of the St. Lawrence River 
bounded by the following area, starting at 44[deg]59.5[min] N, 
074[deg]52.0[min] W; north to 45[deg]00.0[min] N, 074[deg]52.0[min] W; 
east to 45[deg]00.0[min] N, 074[deg]51.6[min] W, then south to 
44[deg]59.5[min] N, 074[deg]51.6[min] W; then west back to the starting 
point (NAD 83).
    (b) Regulations. (1) In accordance with Sec. 165.33, entry into 
this zone is prohibited unless authorized by the Coast Guard Captain of 
the Port Buffalo.
    (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) Authority. 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.

[CGD09-02-005, 67 FR 53500, Aug. 16, 2002]



Sec. 165.912  Security Zone; Lake Erie, Perry, OH.

    (a) Location: The following area is a security zone: all navigable 
waters of Lake Erie bounded by a line drawn between the following 
coordinates beginning at 41[deg] 48.187[min] N, 081[deg] 08.818[min] W; 
then

[[Page 743]]

due north to 41[deg] 48.7[min] N, 081[deg] 08.818[min] W; then due east 
to 41[deg] 48.7[min] N, 081[deg] 08.455[min] W; then due south to the 
south shore of Lake Erie at 41[deg] 48.231[min] N, 081[deg] 08.455[min] 
W; thence westerly following the shoreline back to the beginning (NAD 
83).
    (b) Regulations. In accordance with the general regulations in Sec. 
165.33 of this part, entry into this zone is prohibited unless 
authorized by the Coast Guard Captain of the Port Cleveland, or the 
designated on-scene representative.
    (c) Authority. 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.

[CGD09-02-006, 67 FR 52611, Aug. 13, 2002]



Sec. 165.914  Safety Zones; Annual Fireworks Events in the Captain of 
the Port Buffalo Zone.

    (a) Safety zones. The following areas are designated safety zones:
    (1) Oswego Independence Day Fireworks, Oswego, NY.
    (i) Location. All waters of Oswego Harbor, in Lake Ontario, within a 
1,000-foot radius of the fireworks barge moored or anchored in 
approximate position 43[deg]28[min]05[sec] N, 076[deg]31[min]01[sec] W 
(NAD 1983).
    (ii) Enforcement date. The first Sunday in July.
    (2) Oswego Harborfest Fireworks Display, Oswego, NY.
    (i) Location. (A) All waters of Oswego Harbor within a 300-yard 
radius around the fireworks barge located at 43[deg]28[min]08[sec] N, 
076[deg]31[min]07[sec] W (NAD 1983).
    (B) All waters surrounding the fireworks display on the western 
break wall; 43[deg]27[min]55[sec] N, 076[deg]31[min]30[sec] W then to 
43[deg]28[min]03[sec] N, 076[deg]31[min]12[sec] W then to 
43[deg]27[min]54[sec] N, 076[deg]31[min]06[sec] W then to 
43[deg]27[min]48[sec] N, 076[deg]31[min]26[sec] W then back to the point 
of origin (NAD 1983).
    (ii) Enforcement date. The last Saturday during the last full week 
of July.
    (3) Ontario Memorial Day Fireworks, Ontario, NY.
    (i) Location. All waters of Lake Ontario within a 200-yard radius of 
the fireworks display at Bear Creek Harbor located in position 
43[deg]16[min]39[sec] N, 077[deg]16[min]35[sec] W (NAD 1983).
    (ii) Enforcement date. Memorial Day, the last Monday in May.
    (4) Olcott Fireworks, Olcott, NY.
    (i) Location. All waters of Lake Ontario within a 300-yard radius of 
the fireworks display on the west break wall of the Olcott Harbor 
entrance located in position 43[deg]20[min]25[sec] N, 
078[deg]43[min]09[sec] W (NAD 1983).
    (ii) Enforcement date. July 3.
    (5) Harbor Sound and Light Festival, Sackets Harbor, NY.
    (i) Location. All waters of Lake Ontario within a 300-yard radius of 
the fireworks display on the beach just southwest of Mill Creek located 
in position 43[deg]57[min]18[sec] N, 076[deg]06[min]35[sec] W (NAD 
1983).
    (ii) Enforcement date. The second Saturday in June.
    (6) Village of Sackets Harbor July 4 Display, Sackets Harbor, NY.
    (i) Location. All waters of Lake Ontario within a 200-yard radius of 
the fireworks display on the beach of Battlefield State Park located in 
position 43[deg]56[min]56[sec] N, 076[deg]07[min]43[sec] W (NAD 1983).
    (ii) Enforcement date. July 4.
    (b) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (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. 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) Commercial vessels may request permission from the Captain of 
the Port Buffalo 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 Buffalo on Channel 
16, VHF-FM.
    (4) Marine Event Permits (CG-4423) will still need to be sent to 
U.S. Coast Guard Group Buffalo, NY.
    (c) Notice of annual enforcement period. The Captain of the Port 
Buffalo will publish, at least 10 days in advance of each annual event, 
a notice of implementation of regulation in the Federal Register. The 
COTP may also issue notices in the Ninth Coast Guard

[[Page 744]]

District Local Notice to Mariners the dates and times this section will 
be enforced each year.

[CGD09-04-140, 70 FR 3147, Jan. 21, 2005]



Sec. 165.915  Security zones; Captain of the Port Toledo Zone, Lake Erie.

    (a) Security zones. The following areas are security zones:
    (1) Enrico Fermi 2 Nuclear Power Station. All waters and adjacent 
shoreline encompassed by a line commencing at 41[deg]58.4[min] N, 
083[deg]15.4[min] W; then northeast to 41[deg]58.5[min] N, 
083[deg]15.0[min] W; then southeast to 41[deg]58.2[min] N, 
083[deg]13.7[min] W; then south to 41[deg]56.9[min] N, 083[deg]13.8[min] 
W; then west to 41[deg]56.9[min] N, 083[deg]15.2[min] W; then back to 
the starting point at 41[deg]58.4[min] N, 083[deg]15.4[min] W (NAD 83).
    (2) Davis Besse Nuclear Power Station. All waters and adjacent 
shoreline encompassed by a line commencing at 41[deg]36.1[min] N, 
083[deg]04.7[min] W; north to 41[deg]37.0[min] N, 083[deg]03.9[min] W; 
east to 41[deg]35.9[min] N, 083[deg]02.5[min] W; southwest to 
41[deg]35.4[min] N, 083[deg]03.7[min] W; then back to the starting point 
41[deg]36.1[min] N, 083[deg]04.7[min] W (NAD 83).
    (b) Regulations. (1) In accordance with Sec. 165.33, entry into 
this zone is prohibited unless authorized by the Coast Guard Captain of 
the Port Toledo. Section 165.33 also contains other general 
requirements.
    (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) Authority. 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.

[CGD09-02-011, 67 FR 46386, July 15, 2002]



Sec. 165.916  Security Zones; Captain of the Port Milwaukee Zone, Lake 
Michigan.

    (a) Location. The following are security zones:
    (1) Kewaunee Nuclear Power Plant. All navigable waters of Western 
Lake Michigan encompassed by a line commencing from a point on the 
shoreline at 44[deg]20.715[min] N, 087[deg]32.080[min] W; then easterly 
to 44[deg]20.720[min] N, 087[deg]31.630[min] W; then southerly to 
44[deg]20.480[min] N, 087[deg]31.630[min] W; then westerly to 
44[deg]20.480[min] N, 087[deg]31.970[min] W, then northerly following 
the shoreline back to the point of origin (NAD 83).
    (2) Point Beach. All navigable waters of Western Lake Michigan 
encompassed by a line commencing from a point on the shoreline at 
44[deg] 17.06 N, 087[deg] 32.15 W, then northeasterly to 44[deg] 17.12 
N, 087[deg] 31.59 W, then southeasterly to 44[deg] 16.48 N, 087[deg] 
31.42 W, then southwesterly to 44[deg] 16.42 N, 087[deg] 32.02 W, then 
northwesterly along the shoreline back to the point of origin. All 
coordinates are based upon North American Datum 1983.
    (b) Regulations. (1) In accordance with Sec. 165.33, entry into 
this zone is prohibited unless authorized by the Coast Guard Captain of 
the Port Milwaukee. Section 165.33 also contains other general 
requirements.
    (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) Authority. 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.

[CGD09-02-007, 67 FR 49578, July 31, 2002, as amended by CGD09-03-277, 
69 FR 4242, Jan. 29, 2004]



Sec. 165.917  Safety Zone; M/V ROY A. JODREY, St. Lawrence River, 
Wellesley Island, New York.

    (a) Location. The following area is safety zone: all waters and 
adjacent shoreline encompassed by the arc of a circle with a 150-yard 
radius of the wreck of the M/V ROY A. JODREY, with its center in 
approximate position 44[deg]19.55 N, 075[deg]56.00 W (NAD 83).
    (b) Regulations. (1) The regulations in Sec. 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

[[Page 745]]

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.

[CGD09-02-522, 67 FR 65043, Oct. 23, 2002]



Sec. 165.918  Safety zones; annual fireworks displays in the Captain 
of the Port Chicago Zone.

    (a) Safety zones. The following areas are designated safety zones:
    (1) Evanston Fourth of July Fireworks--Evanston, IL:
    (i) Location. All waters and adjacent shoreline of Lake Michigan 
bounded by the arc of a circle with a 1000-foot radius from the 
fireworks launch site with its center in approximate position 42Sec. 
02[min]58[sec] N, 087Sec. 40[min]22[sec] W (NAD 83).
    (ii) Expected date and time. First Week in July; sunset to 
termination of display.
    (2) Independence Day Fireworks--Manistee, MI:
    (i) Location. All waters and adjacent shoreline of Lake Michigan 
within the arc of a circle with a 1000-foot radius from the fireworks 
launch site with its center in approximate position 
44[deg]14[min]51[sec] N, 086[deg]20[min]46[sec] W (NAD 83) (Off First 
Street Beach).
    (ii) Expected date and time. First Week in July; sunset to 
termination of display.
    (3) Independence Day Fireworks--Lake Kalamazoo, Saugatuck, MI:
    (i) Location. All waters and adjacent shoreline of Lake Kalamazoo, 
Saugatuck, MI. within the arc of a circle with a 1000-foot radius from 
the fireworks launch site with its center in approximate position 
42[deg]38[min]52.5[sec] N, 086[deg]12[min]18.5[sec] W (NAD 83).
    (ii) Expected date and time. First Week in July; sunset to 
termination of display.
    (4) Independence Day Fireworks--White Lake, Whitehall, MI:
    (i) Location. All waters and adjacent shoreline of White Lake, 
Whitehall, MI. within the arc of a circle with a 1000-foot radius from 
the fireworks launch site with its center in approximate position of 
43[deg]24[min]33.5[sec] N, 086[deg]21[min]28.5[sec] W (NAD 83).
    (ii) Expected date and time. First Week in July; sunset to 
termination of display.
    (5) Pentwater July 3rd Fireworks--Lake Michigan, Pentwater, MI:
    (i) Location. All waters and adjacent shoreline of Lake Michigan and 
the Shipping Channel, Pentwater, MI. within the arc of a circle with a 
1000-foot radius from the fireworks launch site on the North Breakwall 
with its center in approximate position of 43[deg]46[min]56.5[sec] N, 
086[deg]26[min]38[sec] W (NAD 83).
    (ii) Expected date and time. First Week in July; sunset to 
termination of display.
    (6) Venetian Night Fireworks--Lake Kalamazoo, Saugatuck, MI:
    (i) Location. All waters and adjacent shoreline of Lake Kalamazoo, 
Saugatuck, MI. within the arc of a circle with a 1000-foot radius from 
the fireworks launch site with its center in approximate position 
42[deg]38[min]52.5[sec] N, 086[deg]12[min]18.5[sec] W (NAD 83).
    (ii) Expected date and time. The fourth weekend in July; or the 
first weekend in August; sunset to termination of display:
    (7) Venetian Night Fireworks--Lake Michigan, Hammond, IN:
    (i) Location. All waters and adjacent shoreline of Lake Michigan, 
Hammond, IN. within the arc of a circle with a 840-foot radius from the 
fireworks launch site with its center in approximate position of 
41[deg]41[min]54[sec] N, 087[deg]30[min]46[sec] W (NAD 83).
    (ii) Expected date and time. The first weekend in August; sunset to 
termination of display.
    (8) Venetian Night Fireworks--Monroe Street Harbor--Chicago, IL:
    (i) Location. All waters and adjacent shoreline of Lake Michigan, 
Chicago, IL. within the arc of a circle with a 1000-foot radius from the 
fireworks launch site at Monroe Street Harbor with its center in 
approximate position of 41[deg]52[min]41[sec] N, 087[deg]36[min]37[sec] 
W (NAD 83).
    (ii) Expected date and time. The fourth weekend in July; or the 
first weekend in August; sunset to termination of display.
    (9) Wings Over the Lake Air Show--Michigan City, IN:

[[Page 746]]

    (i) Location. All waters and adjacent shoreline of Lake Michigan, 
off Washington Park, Michigan City, IN. encompassed by a line drawn 
between the following coordinates starting at 41[deg]43[min]39[sec] N, 
086[deg]54[min]32[sec] W; northwest to 41[deg]44[min]06[sec] N, 
086[deg]54[min]44[sec] W; northeast to 41[deg]44[min]21[sec] N, 
086[deg]53[min]52[sec] W; southeast to 41[deg]43[min]55[sec] N, 
086[deg]53[min]40[sec] W; then southwest back to the point of origin 
(NAD 83). The safety zone starts approximately 250-feet from the East 
Pierhead and 250-feet from Washington Park Beach.
    (ii) Expected Date and Time. The first week in July.
    (10) YMCA Lake Michigan Swim--Ferrysburg, MI:
    (i) Location. All waters and adjacent shoreline of Lake Michigan, 
off the Ferrysburg North Pier within 100-feet of a straight line from 
43[deg]03.45[min] N, 086[deg]13.4[min] W; to 43[deg]05[min] N, 
086[deg]15.24[min] W (NAD 83).
    (ii) Expected date and time. The 3rd week in July; from 8 a.m. 
(local) until the end of the event.
    (11) Team Aquatics Ski Show--Grand River, Grand Haven, MI:
    (i) Location. All waters and adjacent shoreline of the Grand River, 
Grand Haven, MI. from 43[deg]04[min]08[sec] N, 086[deg]14[min]13[sec] W; 
thence east to 43[deg]04[min]06[sec] N, 086[deg]14[min]07[sec] W; thence 
southwest to 43[deg]03[min]53[sec] N, 086[deg]14[min]14[sec] W; and east 
to 43[deg]03[min]51.5[sec] N, 086[deg]14[min]07.5[sec] W (NAD 83).
    (ii) Expected date and time. The 4th week in July; from 6 p.m. 
(local) until 8:30 p.m. (local).
    (12) Chicago Flatwater Classic--Chicago River, Chicago, IL:
    (i) Location. All waters and adjacent shoreline of the Chicago River 
from a line drawn across the river at mile marker 323 to a line drawn 
across the river at mile marker 331.
    (ii) Expected date and time. The 2nd weekend in August; from 9 a.m. 
(local) until 3:30 p.m. (local).
    (13) Navy Pier Summer Fireworks--Lake Michigan, Chicago, IL.
    (i) Locations.
    (1) Primary launch site. All waters and adjacent shoreline of Lake 
Michigan bounded by the arc of a circle with a 1400-foot radius from the 
fireworks launch platform with its center in approximate position 
41[deg]53[min]18[sec] N, 087[deg]36[min]08[sec] W (NAD 83).
    (2) Alternate launch site. In the case of inclement weather, the 
alternate launch site is all waters and adjacent shoreline of Lake 
Michigan bounded by the arc of a circle with a 1400-foot radius with its 
center in approximate position 41[deg]53[min]24[sec] N, 
087[deg]35[min]44[sec] W (NAD 83).
    (ii) Expected dates and times. Every Wednesday and Saturday evening 
from 9 p.m. (local) until termination of display from June 1 thru 
September 1.
    (14) Navy Pier 4th of July Fireworks--Lake Michigan, Chicago, IL.
    (i) Locations.
    (1) Primary launch site. All waters and adjacent shoreline of Lake 
Michigan bounded by the arc of a circle with a 1400-foot radius from the 
fireworks launch platform with its center in approximate position 
41[deg]53[min]18[sec] N, 087[deg]36[min]08[sec] W (NAD 83).
    (2) Alternate launch site. In the case of inclement weather, the 
alternate launch site is all waters and adjacent shoreline of Lake 
Michigan bounded by the arc of a circle with a 1400-foot radius with its 
center in approximate position 41[deg]53[min]24[sec] N, 
087[deg]35[min]44[sec] W (NAD 83).
    (ii) Expected date and time. The first week of July; sunset to 
termination of display.
    (15) St. Joseph's River Marathon Swim--St. Joseph, MI.
    (i) Location. All the waters of Lake Michigan (off of St. Joseph, 
MI.), and the St. Joseph River, within 100 feet of the race course.
    (ii) Expected date and time. The 3rd week in July; from 11 a.m. 
(local) until the end of the event.
    (b) Regulations. (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. 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.

[[Page 747]]

    (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.

[CGD09-03-203, 68 FR 27467, May 20, 2003]



Sec. 165.920  Regulated Navigation Area: USCG Station Port Huron, Port 
Huron, MI, Lake Huron.

    (a) Location. All waters of Lake Huron encompassed by the following: 
starting at the northwest corner at 43[deg]00.4[min] N, 
082[deg]25.327[min] W; then east to 43[deg]00.4[min] N, 
082[deg]25.23.8[min] W; then south to 43[deg]00.3[min] N, 
082[deg]25.238[min] W; then west to 43[deg]00.3[min] N, 
082[deg]25.327[min] W; then following the shoreline north back to the 
point of origin (NAD 83).
    (b) Special regulations. No vessel may fish, anchor, or moor within 
the RNA without obtaining the approval of the Captain of the Port (COTP) 
Detroit. Vessels need not request permission from COTP Detroit if only 
transiting through the RNA. COTP Detroit can be reached by telephone at 
(313) 568-9580, or by writing to: MSO Detroit, 110 Mt. Elliot Ave., 
Detroit MI 48207-4380.

[CDG09-03-287, 69 FR 23103, Apr. 28, 2004]



Sec. 165.921  Regulated Navigation Area; Reporting Requirements for 

Barges Loaded with Certain Dangerous Cargoes, Illinois Waterway System 
located within the 
          Ninth Coast Guard District.

    (a) Regulated Navigation Area. The following waters are a regulated 
navigation area (RNA): the Illinois Waterway System above mile 187.2 to 
the Chicago Lock on the Chicago River at mile 326.7 and to the 
confluence of the Calumet River and Lake Michigan at mile 333.5 of the 
Calumet River.
    (b) Applicability. This section applies to towing vessel operators 
and fleeting area managers responsible for CDC barges in the RNA. This 
section does not apply to towing vessel operators responsible for barges 
not carrying CDC barges, or fleet tow boats moving one or more CDC 
barges within a fleeting area.
    (c) Definitions. As used in this section--
    Barge means a non-self propelled vessel engaged in commerce, as set 
out in 33 CFR 160.204.
    Certain Dangerous Cargo or (CDC) includes any of the following:
    (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 barge.
    (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 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,

[[Page 748]]

    (viii) Oleum (fuming sulfuric acid), and
    (ix) Propylene Oxide.
    CDC barge means a barge containing CDCs or CDC residue.
    Downbound means the tow is traveling with the current.
    Fleet tow boat means any size vessel that is used to move, 
transport, or deliver a CDC barge within a fleeting area.
    Fleeting area means any fleet, including any facility, located 
within the area covered by one single port.
    Inland River Vessel Movement Center or (IRVMC) means the Coast Guard 
office that is responsible for collecting the information required by 
this section.
    Ninth Coast Guard District means the Coast Guard District as set out 
in 33 CFR 3.45-1.
    Towing vessel means any size vessel that is used to move, transport, 
or deliver a CDC barge to a fleet or facility that is located in a 
different port than where the voyage originated.
    Towing vessel operator means the Captain or pilot who is on watch on 
board a towing vessel.
    Upbound means the tow is traveling against the current.
    (d) Regulations. The following must report to the Inland River 
Vessel Movement Center (IRVMC):
    (1) The towing vessel operator responsible for one or more CDC 
barges in the RNA must report all the information items specified in 
table 165.921(f), in paragraph (f) of this section, to the IRVMC:
    (i) Upon point of entry into the RNA with one or more CDC barges;
    (ii) Four hours before originating a voyage within the RNA with one 
or more CDC barges, except if the evolution of making up a tow with a 
CDC barge will take less than 4 hours before originating a voyage, and 
the towing vessel operator did not receive the order to make up a tow 
with a CDC barge in advance of 4 hours before originating the voyage 
with one or more CDC barges, in which case the towing vessel operator 
shall submit the required report to the IRVMC as soon as possible after 
receiving orders to make up a tow with one or more CDC barges;
    (iii) Upon dropping off one or more CDC barges at a fleeting area or 
facility;
    (iv) Upon picking up one or more additional CDC barges from a 
fleeting area or facility;
    (v) At designated reporting points, set forth in paragraph of this 
section;
    (vi) When the estimated time of arrival (ETA) to a reporting point 
varies by 6 hours from the previously reported ETA;
    (vii) Any significant deviation from previously reported 
information;
    (viii) Upon departing the RNA with one or more CDC barges; and
    (ix) When directed by the IRVMC.
    (2) The fleeting area manager responsible for one or more CDC barges 
in the RNA must report all the information items specified in table 
165.921(g), in paragraph (g) of this section, to the IRVMC:
    (i) Once daily, report all CDC barges within the fleeting area;
    (ii) Upon moving one or more CDC barges within a fleeting area by a 
fleet tow boat;
    (iii) Any significant deviation from previously reported 
information; and
    (iv) When directed by the IRVMC.
    (3) Reports required by this section may be made by a company 
representative or dispatcher on behalf of the fleeting area manager.
    (4) Reports required by this section must be made to the IRVMC 
either by telephone to (866) 442-6089, by fax to (866) 442-6107, or by 
e-mail to irvmc@cgstl.uscg.mil. A reporting form and e-mail link are 
available at http://www.uscg.mil/d8/Divs/M/IRVMC.htm.
    (5) The general regulations contained in 33 CFR 165.13 apply to this 
section.
    (e) Ninth Coast Guard District Illinois Waterway System RNA 
Reporting points. Towing vessel operators responsible for one or more 
CDC barges in the RNA must make reports to the Inland River Vessel 
Movement Center at each point listed in this paragraph (e).
    (1) Illinois River (ILR) Upbound, at Mile Markers (M) and when 
Departing Lock & Dam (L&D)--
    (i) M 187.2 (Southern Boundary MSO Chicago AOR),
    (ii) M 303.5 Junction of Chicago Sanitary Ship Canal and Calumet-Sag 
Channel,

[[Page 749]]

    (iii) M 326.4 Thomas S. O'Brien L&D, Calumet River,
    (iv) M 333.5 Confluence of Calumet River and Lake Michigan, and
    (v) M 326.7 Chicago L&D, Chicago River.
    (2) Illinois River (ILR) Downbound Reporting Points, at Mile Markers 
(M) and when Departing Lock & Dam (L&D)--
    (i) M 326.7 Chicago L&D, Chicago River,
    (ii) M 333.5 Confluence of Calumet River and Lake Michigan,
    (iii) M 326.4 Thomas S. O'Brien L&D, Calumet River,
    (iv) M 303.5 Junction of Chicago Sanitary Ship Canal and Calumet-Sag 
Channel, and
    (v) M 187.2 (Southern Boundary MSO Chicago AOR).
    (f) Information to be reported to the IRVMC by towing vessel 
operators. With the exception noted in paragraph (d)(1)(ii) of this 
section, towing vessel operators responsible for one or more CDC barges 
in the RNA must report all the information required by this section as 
set out in table 165.921(f) of this paragraph.

[[Page 750]]



                                  Table 165.921(F)--Information To Be Reported to the IRVMC by Towing Vessel Operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                               Name and
                                                                                               Estimated     location of
                                                                                                time of     destination of                Estimated time
                                              24-hour     Name of    Barge(s)    Type, name    departure      CDC barge                     of arrival
                                              contact     vessel     name and    and amount       from      (fleeting area   Reporting    (ETA) to next
                                              number      moving     official      of CDC       fleeting    or facility),      point     reporting point
                                                         barge(s)     number       onboard      area or       including                  (If applicable)
                                                                                                facility    estimated time
                                                                                                              of arrival
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Upon point of entry into the RNA with           X           X           X             X   ...........               X            X                X
 a CDC barge..............................
(2) 4 hours before originating a voyage             X           X           X             X            X                X   ...........               X
 within the RNA with one or more CDC
 barges; but see exception in paragraph
 (d)(1)(ii) of this section...............
(3) Upon dropping off one or more CDC       ..........          X           X
 barges at a fleeting area or facility....
(4) Upon picking up one or more additional  ..........          X           X             X
 CDC barges from a fleeting area or
 facility.................................
(5) At designated reporting points in       ..........          X           X         (\1\)   ...........           (\1\)            X                X
 165.921(e)...............................
(6) When ETA to a reporting point varies    ..........          X       (\1\)         (\1\)   ...........  ...............  ...........               X
 by 6 hours from previously reported ETA..
(7) Any significant deviation from                  X           X           X             X            X                X            X                X
 previously reported information (all that
 apply)...................................
(8) Upon departing the RNA with a CDC       ..........          X           X   ............  ...........  ...............           X
 barge (s)................................
(9) When directed by the IRVMC............          X           X           X             X            X                X            X                X
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ If changed.


[[Page 751]]

    (g) Information to be reported to the IRVMC by fleeting area 
managers. Fleeting area managers responsible for one or more CDC barges 
in the RNA must report the information required by this section as set 
out in table 165.921(g) to this paragraph.

               Table 165.921(G)--Information To Be Reported to the IRVMC by Fleeting Area Managers
----------------------------------------------------------------------------------------------------------------
                                                                                                 Location of CDC
                                              24-hour contact   Barge(s) name    Type, name and  barge (fleeting
                                                   number        and official    amount of CDC       area or
                                                                    number          onboard         facility)
----------------------------------------------------------------------------------------------------------------
(1) Once daily, all CDC barges in a fleeting               X                X                X                X
 area.......................................
(2) Upon moving one or more CDC barges        ...............               X                X                X
 within a fleeting area by a fleet tow boat.
(3) Any significant deviation from                         X                X                X                X
 previously reported information (all that
 apply).....................................
(4) When directed by the IRVMC..............               X                X                X                X
----------------------------------------------------------------------------------------------------------------

    (h) Alternative reporting. The Ninth Coast Guard District Commander 
may consider and approve alternative methods to be used by a reporting 
party to meet any reporting requirements if--
    (1) The request is submitted in writing to Commander, Ninth Coast 
Guard District (m), 1240 E. Ninth Street, Cleveland, Ohio, 44199-2060; 
and
    (2) The alternative provides an equivalent level of the reporting 
that which would be achieved by the Coast Guard with the required check-
in points.
    (i) Deviation from this section is prohibited unless specifically 
authorized by the Commander, Ninth Coast Guard District or the IRVMC.

(Approved by the Office of Management and Budget under OMB control 
number 1625-1505)

[CDG09-03-241, 68 FR 57622, Oct. 6, 2003]

                      Eleventh Coast Guard District



Sec. 165.T11-004  Regulated Navigation Area; Humboldt Bay Bar Channel 
and Humboldt Bay Entrance Channel, Humboldt Bay, California.

    (a) Location. The Regulated Navigation Area (RNA) includes all 
navigable waters of the Humboldt Bay Bar Channel and the Humboldt Bay 
Entrance Channel, Humboldt Bay, California.
    (b) Definitions. As used in this section--
    COTP means the Captain of the Port as defined in 33 CFR 1.01-30 and 
3.55-20.
    Group means Coast Guard Group Humboldt Bay.
    Group Commander means the Commanding Officer of Coast Guard Group 
Humboldt Bay.
    Hazardous material means any of the materials or substances listed 
in 46 CFR 153.40.
    Humboldt Bay Area means the area described in the location section 
of this regulation.
    Oil means oil of any kind or in any form, including but not limited 
to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes 
other than dredged spoil.
    Station means Coast Guard Station Humboldt Bay.
    Tank vessel means any vessel that is constructed or adapted to 
carry, or that carries, oil or hazardous material in bulk as cargo or 
cargo residue.
    (c) Applicability. These regulations apply to the owners and 
operators of tank vessels transporting oil or hazardous material as 
cargo within the Humboldt Bay Area.
    (d) Regulations. (1) In addition to the arrival and departure 
notification requirements listed in 33 CFR 160, Ports and Waterways 
Safety--General, Subpart C--Notifications of ``Arrivals, Departures, 
Hazardous Conditions, and Certain Dangerous Cargoes'', the owner, 
master, agent or person in charge of a vessel to which this notice 
applies shall obtain permission to cross within four hours of crossing 
the Humboldt Bay Bar. Between 6:30 a.m. and 10 p.m., notification/
requests for permission can be made to Station Humboldt Bay on VHF-FM 
Channel 16, or at (707) 443-2213. If between 10 p.m. and 6:30 a.m., or 
if unable to reach the Station, notification/requests for permission

[[Page 752]]

can be made directly to Group Humboldt Bay on VHF-FM Channel 16 or at 
(707) 839-6113.
    (2) Permission for a bar crossing by vessels or towing vessels and 
their tows to which this regulation applies is dependant on 
environmental and safety factors, including but not limited to: Sea 
state, winds, visibility, size and type of vessel or tow, wave period, 
time of day/night, and tidal currents. The final decision to close the 
bar rests with Humboldt Bay Group Commander or his designated 
representative. At a minimum, Humboldt Bay Bar Channel crossings by 
vessels subject to this advisory will generally not be permitted unless 
all of the following conditions exist: Proper permission to cross has 
been received, sea conditions at the bar are less than 6 feet, winds at 
the bar are less than 30 knots, the transit will take place during 
daylight hours, the vessel has only a single tow or no tow, the 
visibility at the bar is greater than 1,000 yards, and the vessel and 
tow are in proper operating condition.
    (3) If the bar is closed to vessels to which this regulation 
applies, waiver requests will be accepted within four hours of crossing 
the entrance channel. If the waiver request is made between 6:30 a.m. 
and 10 p.m., the request should be made to Station Humboldt Bay on VHF-
FM Channel 16, or at (707) 443-2213. If between 10 p.m. and 6:30 a.m., 
or if unable to reach the Station, the request can be made directly to 
Group Humboldt Bay on VHF-FM Channel 16 or at (707) 839-6113. Waiver 
requests must be made by the vessel master and must provide the 
following: A description of the proposed operation, the conditions for 
which the waiver is requested, the reasons for requesting the waiver, 
the reasons that the requester believes the proposed operation can be 
accomplished safely, and a callback phone number. The Station or Group 
Watchstander receiving the request will brief the Officer in Charge of 
the Station who will then brief the Group Commander. The authority to 
grant waivers rests with the Group Commander or his designated 
representative.
    (4) In addition to the above requirements, vessels transporting 
liquefied hazardous gasses or compressed hazardous gasses in bulk as 
cargo into or out of Humboldt Bay are required to be aided by two assist 
tugs. If the vessel carrying the gasses is towed, the tow tug 
requirement is in addition to the towing tug. The assist tugs shall 
escort the vessel through its transit and must be stationed so as to 
provide immediate assistance in response to the loss of power or 
steering of the cargo vessel, its towing tug, or loss of control over 
the tow.
    (5) Vessels to which this regulation applies may be required by the 
Group Commander or his designated representative to be escorted by a 
Coast Guard vessel during their transit. In addition, if a vessel 
master, agent, or pilot has concerns about the safety of a vessel's 
transit through the Humboldt Bay Entrance Channel, a Coast Guard escort 
may be requested. Requests for an escort should be directed to Station 
on VHF-FM channel 16 or at (707) 443-2213 between 6:30 a.m. and 10 p.m., 
or to Group on VHF-FM channel 16 or at (707) 839-6113 if between 10 p.m. 
and 6:30 a.m.
    (e) Enforcement. Acting as a representative of the Captain of the 
Port, the Humboldt Bay Group Commander will enforce this regulation and 
has the authority to take steps necessary to ensure the safe transit of 
vessels in Humboldt Bay. The Group Commander can enlist the aid and 
cooperation of any Federal, State, county, and municipal agency to 
assist in the enforcement of the regulation. All persons and vessels 
shall comply with the instructions of the Group Commander or the 
designated on-scene patrol personnel. Patrol 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.
    (f) Effective period. This rule is effective from April 8, 2005 to 
October 11, 2005.

[CCGD11-04-010, 70 FR 11548, Mar. 9, 2005]

    Effective Date Note: By CCGD11-04-010, 70 FR 11548, Mar. 9, 2005, 
Sec. 165.T11-004 was added, effective Apr. 8, 2005 to Oct. 11, 2005.

[[Page 753]]



Sec. 165.T11-048  Safety Zone; Mission Creek Waterway, China Basin, 
San Francisco Bay, California.

    (a) Location. One hundred yards to either water-side of the Fourth 
Street Bridge, encompassing the navigable waters, from the surface to 
the sea floor, bounded by two lines; one line drawn from a point on the 
north shore of Mission Creek [37[deg]46[min]29[sec] N, 
122[deg]23[min]36[sec] W] extending southeast to a point on the opposite 
shore [37[deg]46[min]28[sec] N, 122[deg]23[min]34[sec] W], and the other 
line drawn from a point on the north shore of Mission Creek 
[37[deg]46[min]34[sec] N, 122[deg]23[min]30[sec] W] extending southeast 
to a point on the opposite shore [37[deg]46[min]33[sec] N, 
122[deg]23'28] [Datum: NAD 83].
    (b) Regulations. In accordance with the general regulations in Sec. 
165.23 of this part, entry into, transit through, or anchoring within 
this zone by all vessels is prohibited, unless specifically authorized 
by the Captain of the Port San Francisco Bay, or his designated 
representative.
    (c) Effective period. The safety zone will be in effect from 12:01 
a.m. on May 4, 2005 to 11:59 p.m. on December 31, 2005. If the need for 
this safety zone ends before the scheduled termination time, the Captain 
of the Port will cease enforcement of the safety zone and will announce 
that fact via Broadcast Notice to Mariners.
    (d) Enforcement. The Captain of the Port will enforce this zone and 
may enlist the aid and cooperation of any Federal, State, county, or 
municipal agency to assist in the enforcement of the regulation. All 
persons and vessels shall comply with the instructions of the Coast 
Guard Captain of the Port, or the designated on-scene patrol personnel. 
Patrol personnel comprise commissioned, warrant, and petty officers of 
the Coast Guard onboard Coast Guard, Coast Guard Auxiliary, Federal, 
State, and local 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.

[COTP San Francisco Bay 05-003, 70 FR 16416, Mar. 31, 2005]

    Effective Date Note: By COTP San Francisco Bay 05-003, 70 FR 16416, 
Mar. 31, 2005, Sec. 165.T11-048 was added, effective from 12:01 a.m. on 
May 4, 2005 to 11:59 p.m. on Dec. 31, 2005.



Sec. 165.1101  Security Zone: San Diego Bay, CA.

    (a) Location. The following area is a security zone: the water area 
within Naval Station, San Diego enclosed by the following points: 
Beginning at 32[deg]41[min]16.5[sec] N, 117[deg]08[min]01[sec] W (Point 
A); thence running southwesterly to 32[deg]40[min]58.3[sec] N, 
117[deg]08[min]11.0[sec] W (Point B); to 32[deg]40[min]36.0[sec] N 
117[deg]07[min]49.1[sec] W (Point C); to 32[deg]40[min]17.0[min] N, 
117[deg]07[min]34.6[sec] W (Point D); to 32[deg]39[min]36.4[sec] N, 
117[deg]07[min]24.8[sec] W (Point E); to 32[deg]39[min]38.5[sec] N 
117[deg]07[min]06.5[sec] W, (Point F); thence running generally 
northwesterly along the shoreline of the Naval Station to the place of 
the beginning. All coordinates referenced use datum: NAD 1983.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. 165.33 of this part, entry into the area of this zone is 
prohibited unless authorized by the Captain of the Port San Diego; 
Commander, Naval Base San Diego; Commander, Navy Region Southwest; or 
the Commanding Officer, Naval Station, San Diego.
    (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) Authority. 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.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of this security zone by the U.S. Navy.

[COTP San Diego 04-019, 70 FR 2021, Jan. 12, 2005]



Sec. 165.1102  Security Zone: San Diego Bay, California.

    (a) Location. The following area is a security zone: The water area 
adjacent to the Naval Ocean Systems Center, San Diego, California, and 
the Naval Supply Center, San Diego, California, described as follows:


[[Page 754]]


    Commencing at a point on the shoreline of Point Loma, at latitude 
32[deg]41[min]57.8[sec] N, longitude 117[deg]14[min]17.5[sec] W (Point 
A), for a place of beginning; thence easterly to latitude 
32[deg]41[min]56.0[sec] N, longitude 117[deg]14[min]09.9[sec] W (Point 
B); thence northeasterly to latitude 32[deg]42[min]03.8[sec] N, 
longitude 117[deg]14[min]04.7[sec] W (Point C); thence northeasterly to 
latitude 32[deg]42[min]10.2[sec] N, longitude 117[deg]14[min]00.6[sec] W 
(Point D); thence northwesterly to latitude 32[deg]42[min]14.6[sec] N, 
longitude 117[deg]14[min]02.1[sec] W (Point E); thence northwesterly to 
latitude 32[deg]42[min]22.7[sec] N, longitude 117[deg]14[min]05.8[sec] W 
(Point F); thence northwesterly to latitude 32[deg]42[min]28.3[sec] N, 
longitude 117[deg]14[min]08.4[sec] W (Point G); thence westerly to 
latitude 32[deg]42[min]28.3[sec] N, longitude 117[deg]14[min]09.6[sec] W 
(Point H); thence generally southerly along the shoreline of Point Loma 
to the place of beginning (Point A).

    (b) Regulations. In accordance with the general regulations in Sec. 
165.33 of this part, entry into the area of this zone is prohibited 
unless authorized by the Captain of the Port, the Commander, Naval Base, 
San Diego, the Commander, Naval Ocean Systems Center, San Diego, or the 
Commanding Officer, Naval Supply Center, San Diego. Section 165.33 also 
contains other general requirements.

[COTP San Diego Reg. 85-20, 51 FR 8197, Mar. 10, 1986. Redesignated by 
USCG-2001-9286, 66 FR 33642, June 25, 2001]



Sec. 165.1103  Security Zone: San Diego Bay, CA.

    (a) Location. The following area is a security zone: The water 
adjacent to the Naval Submarine Base, San Diego, commencing on a point 
on the shoreline of Ballast Point, at 32[deg] 41[min]11.2[sec] N, 
117[deg] 13[min]57.0[sec] W (Point A), thence northerly to 32[deg] 
41[min]31.8[sec] N, 117[deg] 14[min]00.6[sec] W (Point B), thence 
westerly to 32[deg] 41[min]32.7[sec] N, 117[deg] 14[min]03.2[sec] W 
(Point C), thence southwesterly to 32[deg] 41[min]30.5[sec] N, 117[deg] 
14[min]17.5[sec] W (Point D), thence generally southeasterly along the 
shoreline of the Naval Submarine Base to the point of beginning, (Point 
A). All coordinates referenced use datum: NAD 1983.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. 165.33 of this part, entry into the area of this zone is 
prohibited unless authorized by the Captain of the Port San Diego; 
Commander, Naval Base Point Loma; or Commander, Navy Region Southwest.
    (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) Authority. 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.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of this security zone by the U.S. Navy.

[COTP San Diego 03-010, 68 FR 25290, May 12, 2003]



Sec. 165.1104  Security Zone: San Diego Bay, CA.

    (a) Location. The following area is a security zone: on the waters 
along the northern shoreline of Naval Base Coronado, the area enclosed 
by the following points: Beginning at 32[deg]42[min]53.0[sec] N, 
117[deg]11[min]45.0 W (Point A); thence running northerly to 
32[deg]42[min]55.5[sec] N, 117[deg]11[min]45.0[sec] W, (Point B); thence 
running easterly to 32[deg]42[min]57.0[sec] N, 117[deg]11[min]31.0[sec] 
W, (Point C); thence southeasterly to 32[deg]42[min]42.0[sec] N, 
117[deg]11[min]04.0[sec] W (Point D); thence southeasterly to 
32[deg]42[min]21.0[sec] N, 117[deg]10[min]47.0[sec] W (Point E) thence 
running southerly to 32[deg]42[min]13.0[sec] N, 117[deg]10[min]51.0[sec] 
W (Point F); thence running generally northwesterly along the shoreline 
of Naval Base Coronado to the place of beginning. All coordinates 
referenced use datum: NAD 1983.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. 165.33 of this part, entry into the area of this zone is prohibited 
unless authorized by the Captain of the Port San Diego; Commander, Naval 
Base Coronado, or Commander, Navy Region Southwest.
    (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.

[[Page 755]]

    (c) Authority. 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.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of this security zone by the U.S. Navy.

[COTP San Diego, 68 FR 25290, May 12, 2003]



Sec. 165.1105  Security Zone: San Diego Bay, California.

    (a) Location. (1) The following area is a security zone: The water 
area adjacent to Naval Air Station North Island, Coronado, California, 
and within 100 yards (91 meters) of Bravo Pier, and vessels moored 
thereto, bounded by the following points (when no vessel is moored at 
the pier):
    (i) Latitude 32[deg]41[min]53.0[sec] N, Longitude 
117[deg]13[min]33.6[sec] W;
    (ii) Latitude 32[deg]41[min]53.0[sec] N, Longitude 
117[deg]13[min]40.6[sec] W;
    (iii) Latitude 32[deg]41[min]34.0[sec] N, Longitude 
117[deg]13[min]40.6[sec] W;
    (iv) Latitude 32[deg]41[min]34.0[sec] N, Longitude 
117[deg]13[min]34.1[sec] 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) Regulations. In accordance with the general regulations in Sec. 
165.33 of this part, entry into the area of this zone is prohibited 
unless authorized by the Captain of the Port or the Commanding Officer, 
Naval Air Station North Island. Section 165.33 also contains other 
general requirements.

[COTP San Diego Reg. 85-11, 51 FR 3776, Jan. 30, 1986, as amended at 52 
FR 8893, Mar. 20, 1987. Redesignated by USCG-2001-9286, 66 FR 33642, 
June 25, 2001]



Sec. 165.1106  San Diego Bay, California--safety zone.

    (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[deg]43[min]37.2[sec] N, longitude 
117[deg]10[min]45.0[sec] W (point A), for a point of beginning; thence 
southeasterly to latitude 32[deg]43[min]36.2[sec] N, longitude 
117[deg]10[min]41.5[sec] W (point B); thence southwesterly to latitude 
32[deg]43[min]20.2[sec] N, longitude 117[deg]10[min]49.5[sec] W (point 
C); thence northwesterly to latitude 32[deg]43[min]25.7[sec] N, 
longitude 117[deg]11[min]04.6[sec] W (point D); thence northeasterly to 
latitude 32[deg]43[min]35.7[sec] N, longitude 117[deg]10[min]59.5[sec] 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 Sec. 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.

[CGD 85-034, 50 FR 14703, Apr. 15, 1985 and COTP San Diego Reg. 85-06, 
50 FR 38003, Sept. 19, 1985. Redesignated by USCG-2001-9286, 66 FR 
33642, June 25, 2001]



Sec. 165.1107  San Diego Bay, California.

    (a) Location. The area encompassed by the following geographic 
coordinates is a regulated navigation area:

32[deg]41[min]24.6[sec] N            117[deg]14[min]21.9[sec] W
32[deg]41[min]34.2[sec] N            117[deg]13[min]58.5[sec] W
32[deg]41[min]34.2[sec] N            117[deg]13[min]37.2[sec] W
 
Thence south along the shoreline to
 
32[deg]41[min]11.2[sec] N            117[deg]13[min]31.3[sec] W
32[deg]41[min]11.2[sec] N            117[deg]13[min]58.5[sec] W
 
Thence north along the shoreline to the point of origin.
 

    Datum: NAD 1983.
    (b) Regulations. (1) During submarine docking/undocking operations 
at the U.S. Naval Submarine Base on Ballast Point, San Diego Bay, 
California, mariners transiting within the regulated navigation area 
shall proceed at a speed that generates no wake from their vessel.
    (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

[[Page 756]]

Guard as required for the safety of the submarine docking/undocking 
operations covered by paragraph (b)(1).

[CGD11-90-07, 56 FR 14645, Apr. 11, 1991; 56 FR 40360, Aug. 14, 1991, as 
amended by USCG-1998-3799, 63 FR 35533, June 30, 1998. Redesignated by 
USCG-2001-9286, 66 FR 33642, June 25, 2001]



Sec. 165.1108  Security Zones; Cruise Ships, Port of San Diego, 
California.

    (a) Definition. ``Cruise ship'' as used in this section means a 
passenger vessel, except for a ferry, 100 gross tons or more, authorized 
to carry more than 12 passengers for hire; capable of making 
international voyages lasting more than 24 hours, any part of which is 
on the high seas; and for which passengers are embarked, disembarked or 
at a port of call in the San Diego port.
    (b) Location. The following areas are security zones:
    (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) Regulations. (1) In accordance with the general regulation in 
Sec. 165.33 of the part, entry into or remaining in these zones is 
prohibited unless authorized by the Coast Guard Captain of the Port, San 
Diego or his designated representative.
    (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) Authority. 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.
    (e) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the security zones by the San Diego Harbor Police.

[COTP San Diego 02-026, 68 FR 1008, Jan. 8, 2003]



Sec. 165.1110  Security Zone: Coronado Bay Bridge, San Diego, CA.

    (a) Location. All navigable waters of San Diego Bay, from the 
surface to the sea floor, within 25 yards of all piers, abutments, 
fenders and pilings of the Coronado Bay Bridge. These security zones 
will not restrict the main navigational channel nor will it restrict 
vessels from transiting through the channel.
    (b) Regulations. (1) Under Sec. 165.33, entry into, transit 
through, loitering, or anchoring within any of these security zones by 
all persons and vessels is prohibited, unless authorized by the Captain 
of the Port, or his designated representative. Mariners seeking 
permission to transit through a security zone may request authorization 
to do so from Captain of the Port or his designated representative. The 
Coast Guard can be contacted on San Diego Bay via VHF-FM channel 16.
    (2) Vessels may enter a security zone if it is necessary for safe 
navigation and circumstances do not allow sufficient time to obtain 
permission from the Captain of the Port.

[COTP San Diego 04-015, 69 FR 43915, July 23, 2004]



Sec. 165.1120  Security Zone; Naval Amphibious Base, San Diego, CA.

    (a) Location. The following area is a security zone: the waters of 
San Diego Bay, enclosed by lines connecting the following points: 
Beginning at 32[deg]40[min]30.0[sec] N, 117[deg]10[min]03.0[sec] W 
(Point A); thence running northeasterly to 32[deg]40[min]54.0[sec] N, 
117[deg]09[min]35.5[sec] W (Point B); thence running northeasterly to 
32[deg]40[min]55.0[sec] N, 117[deg]09[min]27.0[sec] W (Point C); thence 
running southeasterly to 32[deg]40[min]43.0[sec] N, 
117[deg]09[min]09.0[sec] W (Point D); thence running southerly to 
32[deg]40[min]39.0[sec] N, 117[deg]09[min]08.0[sec] (Point E); thence 
running

[[Page 757]]

southwesterly to 32[deg]40[min]30.0[sec] N, 117[deg]09[min]12.9[sec] W 
(Point F); thence running a short distance to 32[deg]40[min]29.0[sec] N, 
117[deg]09[min]14.0[sec] W (Point G); thence running southwesterly to 
32[deg]40[min]26.0[sec] N, 117[deg]09[min]17.0[sec] W (Point H); thence 
running northwesterly to the shoreline to 32[deg]40[min] 31.0[sec] N, 
117[deg]09[min] 22.5[sec] W (Point I), thence running along the 
shoreline to the beginning point.
    (b) Regulations. In accordance with the general regulations in Sec. 
165.33 of this part, entry into the area of this zone is prohibited 
unless authorized by the Captain of the Port or the Commander, Navy 
Region Southwest.
    (c) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of this security zone by the U.S. Navy.

[CGD11-01-011, 67 FR 4661, Jan. 31, 2002]



Sec. 165.1121  Security Zone: Fleet Supply Center Industrial Pier, 
San Diego, CA.

    (a) Location. The following area is a security zone: the waters of 
San Diego Bay extending approximately 100 feet from the north, west, and 
south sides of the Fleet Industrial Supply Center enclosed by lines 
connecting the following points: Beginning at 32[deg]42[min]50[sec] N, 
117[deg]10[min]25[sec] W (Point A); to 32[deg]42[min]50[sec] N, 
117[deg]10[min]38[sec] W (Point B); to 32[deg]42[min]54[sec] N, 
117[deg]10[min]38[sec] W (Point C); to 32[deg]42[min]54[sec] N, 
117[deg]10[min]25[sec] W (Point D).
    (b) Regulations. In accordance with the general regulations in Sec. 
165.33, entry into the area of this zone is prohibited unless authorized 
by the Captain of the Port or the Commander, Navy Region Southwest. 
Section 165.33 also contains other general requirements.
    (c) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of this security zone by the U.S. Navy.

[CGD11-01-008, 67 FR 4660, Jan. 31, 2002]



Sec. 165.1131  Security Zone: Wilson Cove, San Clemente Island, 
California.

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

[COTP San Diego Reg. 87-04, 52 FR 18230, May 14, 1987. Redesignated by 
USCG-2001-9286, 66 FR 33642, June 25, 2001]



Sec. 165.1151  Security Zones; liquefied hazardous gas tank vessels, 
San Pedro Bay, California.

    (a) Definition. ``Liquefied Hazardous Gas'' as used in this section 
means a liquid containing one or more of the products listed in Table 
127.005 of this part that is carried in bulk on board a tank vessel as 
liquefied petroleum gas, liquefied natural gas, or similar liquefied gas 
products.
    (b) Location. The following areas are security zones:
    (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 anchored at a designated anchorage either inside the Federal 
breakwaters bounding San Pedro Bay or outside at designated anchorages 
within three nautical miles of the breakwater;
    (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;

[[Page 758]]

    (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) Regulations. (1) In accordance with the general regulations in 
Sec. 165.33 of this part, entry into or remaining in these zones is 
prohibited unless authorized by the Coast Guard Captain of the Port Los 
Angeles-Long Beach, or his or her designated representative.
    (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) Authority. 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.
    (e) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of these security zones by the Los Angeles Port Police 
and the Long Beach Police Department.

[COTP Los Angeles-Long Beach 02-005, 68 FR 13233, Mar. 19, 2003]



Sec. 165.1152  San Pedro Bay, California--Regulated navigation area.

    (a) Applicability. This section applies to all vessels unless 
otherwise specified. (Note: All geographic coordinates are defined using 
North American Datum 1983 (NAD 83)).
    (b) Deviations. The Captain of the Port of Los Angeles-Long Beach or 
his or her designated representative may authorize a deviation from the 
requirements of this regulation when it is deemed necessary in the 
interests of safety.
    (c) Location. (1) The San Pedro Bay Regulated Navigation Area (RNA) 
consists of the water area enclosed by the Los Angeles-Long Beach 
breakwater and a line connecting Point Fermin Light at 33[deg]42.30[min] 
N, 118[deg]17.60[min] W, with the following geographical positions:

------------------------------------------------------------------------
                 Latitude                            Longitude
------------------------------------------------------------------------
33[deg]35.50[min] N......................  118[deg]17.60[min] W
33[deg]35.50[min] N......................  118[deg]09.00[min] W
33[deg]37.70[min] N......................  118[deg]06.50[min] W
33[deg]43.40[min] N......................  118[deg]10.80[min] W
------------------------------------------------------------------------

    (2) The San Pedro Bay RNA consists of the following named sub-areas, 
defined by lines connecting their respective geographic coordinates:
    (i) The Los Angeles Pilot Area:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
33[deg]42.50[min] N.................  118[deg]15.10[min] W
                                      (Los Angeles Light)
33[deg]42.62[min] N.................  118[deg]14.70[min] W
33[deg]41.30[min] N.................  118[deg]13.50[min] W
33[deg]40.85[min] N.................  118[deg]14.90[min] W
33[deg]42.50[min] N.................  118[deg]15.10[min] W
------------------------------------------------------------------------

    (ii) The Long Beach Pilot Area:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
33[deg]43.40[min] N.................  118[deg]11.20[min] W
                                      (Long Beach Light)
33[deg]43.40[min] N.................  118[deg]10.80[min] W
33[deg]41.50[min] N.................  118[deg]10.22[min] W
33[deg]40.52[min] N.................  118[deg]10.22[min] W
33[deg]40.52[min] N.................  118[deg]11.82[min] W
33[deg]41.50[min] N.................  118[deg]11.82[min] W
33[deg]43.40[min] N.................  118[deg]11.20[min] W
------------------------------------------------------------------------

    (iii) The Los Angeles Deep Water Traffic Lane:

------------------------------------------------------------------------
                 Latitude                            Longitude
------------------------------------------------------------------------
33[deg]42.47[min] N......................  118[deg]14.95[min] W
33[deg]42.56[min] N......................  118[deg]14.75[min] W
33[deg]39.48[min] N......................  118[deg]13.32[min] W
33[deg]39.42[min] N......................  118[deg]13.55[min] W
33[deg]42.47[min] N......................  118[deg]14.95[min] W
------------------------------------------------------------------------

    (iv) The Long Beach Deep Water Traffic Lane:

------------------------------------------------------------------------
                 Latitude                            Longitude
------------------------------------------------------------------------
33[deg]43.43[min] N......................  118[deg]11.15[min] W
33[deg]43.39[min] N......................  118[deg]10.90[min] W
33[deg]41.51[min] N......................  118[deg]10.71[min] W
33[deg]41.50[min] N......................  118[deg]10.95[min] W
33[deg]43.43[min] N......................  118[deg]11.15[min] W
------------------------------------------------------------------------

    (v) Los Angeles Deep Water Pilot Area: A 0.5nm radius around 
33[deg]39.00[min] N, 118[deg]13.19[min] W.

[[Page 759]]

    (d) General regulations. The following regulations contained in 
paragraphs (d)(1) through (d)(3) of this section apply to power driven 
vessels of 1600 or more gross tons, a towing vessel of 8 meters 
(approximately 26 feet) or over in length engaged in towing, or vessels 
of 100 gross tons and upward carrying one or more passengers for hire.
    (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) Specific regulations--(1) Los Angeles Pilot Area. (i) No vessel 
may enter the Los Angeles Pilot Area unless it is entering or departing 
Los Angeles Harbor entrance (Angels Gate).
    (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) Long Beach Pilot Area. (i) No vessel may enter the Long Beach 
Pilot Area unless it is entering or departing Long Beach Harbor entrance 
(Queens Gate).
    (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) Los Angeles and Long Beach Deep Water Traffic Lanes. When a 
vessel of 50 foot draft or greater is using the Los Angeles or Long 
Beach Deep Water Traffic Lane no other vessel shall enter the Deep Water 
Traffic Lane if it will result in a meeting, crossing or overtaking 
situation.
    (4) Los Angeles Deep Water Pilot Area. When a vessel of 50 foot 
draft or greater is embarking or disembarking a pilot in the Los Angeles 
Deep Water Pilot Area no other vessel shall enter the Deep Water Pilot 
Area.
    (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[deg]42.70[min] N, 118[deg]14.70[min] W), 
thence east along the Middle Breakwater to Long Beach Light 
(33[deg]43.40[min] N, 118[deg]11.20[min] W), thence south to 
(33[deg]43.08[min] N, 118[deg]11.26[min] W), thence westerly to 
(33[deg]43.08[min] N, 118[deg]12.26[min] W), thence southwesterly 
parallel to the breakwater to (33[deg]42.43[min] N, 118[deg]14.30[min] 
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.

[CGD11-00-007, 65 FR 62294, Oct. 18, 2000. Redesignated by USCG-2001-
9286, 66 FR 33642, June 25, 2001]



Sec. 165.1154  Security Zones; Cruise Ships, San Pedro Bay, California.

    (a) Definition. ``Cruise ship'' as used in this section means a 
passenger vessel, except for a ferry, over 100 feet in length, 
authorized to carry more than 12 passengers for hire; making voyages 
lasting more than 24 hours, any part of which is on the high seas; and 
for which passengers are embarked or disembarked in the Port of Los 
Angeles or Port of Long Beach.
    (b) Location. The following areas are security zones:
    (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

[[Page 760]]

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) Regulations. (1) In accordance with the general regulations in 
Sec. 165.33 of this part, entry into or remaining in these zones is 
prohibited unless authorized by the Coast Guard Captain of the Port, Los 
Angeles-Long Beach, or his designated representative.
    (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) Authority. 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.
    (e) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the security zone by the Los Angeles Port Police and 
the Long Beach Police Department.

[COTP Los Angeles-Long Beach 02-004, 67 FR 72563, Dec. 6, 2002]



Sec. 165.1155  Security Zone; Diablo Canyon Nuclear Power Plant, Avila 
Beach, California.

    (a) Location. The following area is a security zone: all waters of 
the Pacific Ocean, from surface to bottom, within a 2,000 yard radius of 
Diablo Canyon Nuclear Power Plant centered at position 
35[deg]12[min]23[sec] N, 120[deg]51[min]23[sec] W. [Datum: NAD 83].
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. 165.33 of this part, entry into or remaining in this zone is 
prohibited unless authorized by the Coast Guard Captain of the Port, Los 
Angeles-Long Beach, or his or her designated representative.
    (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) Authority. In addition to 33 U.S.C. 1231, the authority for this 
section includes 33 U.S.C. 1226.

[COTP Los Angeles-Long Beach 02-006, 67 FR 77430, Dec. 18, 2002]



Sec. 165.1156  Safety Zone; Offshore Marine Terminal, El Segundo, CA.

    (a) Location. The following area is a safety zone: All waters of 
Santa Monica Bay, from surface to bottom, enclosed by a line beginning 
at latitude 33[deg]54[min]59[sec] N, longitude 118[deg]26[min]50[sec] W; 
then to latitude 33[deg]54[min]59[sec] N, longitude 
118[deg]27[min]34[sec] W; then to latitude 33[deg]54[min]00[sec] N, 
longitude 118[deg]27[min]34[sec] W; then to latitude 
33[deg]54[min]00[sec] N, longitude 118[deg]26[min]50[sec] W; then to the 
point of beginning (NAD 1983).
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. 165.23 of this part, entry into or movement within this zone is 
prohibited except for:
    (i) Commercial vessels authorized to use the offshore marine 
terminal for loading or unloading;
    (ii) Commercial tugs, lighters, barges, launches, or other vessels 
authorized to engage in servicing the offshore marine terminal or 
vessels therein;
    (iii) Public vessels of the United States.
    (2) Persons desiring to transit the area of the safety 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

[[Page 761]]

Captain of the Port or his or her designated representative.
    (3) Nothing in this section shall be construed as relieving the 
owner or person in charge of any vessel from complying with the 
Navigation Rules as defined in 33 CFR chapter I, subchapters D and E and 
safe navigation practice.

[COTP Los Angeles-Long Beach, 03-002, 70 FR 30640, May 27, 2005]



Sec. 165.1171  Copper Canyon, Lake Havasu, Colorado River--Regulated 
Navigation Area.

    (a) Location. The following is a regulated navigation area:
    (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[deg]25[min]67.6[sec] N, longitude 114[deg]18[min]38.5[sec] W, thence 
southwesterly to latitude 34[deg]25[min]64[sec] N, longitude 
114[deg]18[min]45.7[sec] W, thence northwesterly to latitude 
34[deg]25[min]65.6[sec] N, longitude 114[deg]18[min]46.7[sec] W, thence 
southeasterly to latitude 34[deg]25[min]60.7[sec] N, longitude 
114[deg]18[min]42.7[sec] W, thence southwesterly to longitude 
34[deg]25[min]51.4[sec] N, latitude 114[deg]18[min]46.2[sec] W, thence 
southeasterly to latitude 34[deg]25[min]47.1[sec] N, longitude 
114[deg]18[min]49.4[sec] W, thence to the end of the navigable waters of 
the canyon.
    (b) Definitions. For the purposes of this section:
    (1) Vessel: Every description of watercraft, used or capable of 
being used as a means of transportation on the water, and regardless of 
mode of power.
    (2) Patrol Vessel: Vessels designated by the Captain of the Port, 
San Diego, to enforce or assist in enforcing these regulations, 
including Coast Guard, Coast Guard Auxiliary, and San Bernardino County 
Sheriff's Department Vessels.
    (c) Regulations. (1) Vessels, with the exception of patrol vessels, 
shall not anchor, moor, loiter in, or otherwise impede the transit of 
any other vessel within the regulated navigation area. Furthermore, all 
vessels, with the exception of patrol vessels, shall expeditiously and 
continuously transit the regulated navigation area via the most direct 
route consistent with navigational safety.
    (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.

[CGD11-97-010, 63 FR 38308, July 16, 1998. Redesignated by USCG-2001-
9286, 66 FR 33642, June 25, 2001]



Sec. 165.1181  San Francisco Bay Region, California--regulated 
navigation area.

    (a) Applicability. This section applies to all ressels unless 
otherwise specified.
    (b) Deviations. The Captain of the Port, San Francisco Bay, or the 
Commanding Officer, Vessel Traffic Service San Francisco, as a 
representative of the Captain of the Port, may authorize a deviation 
from the requirements of this regulation when it is deemed necessary in 
the interests of safety.
    (c) Regulated Navigation Areas--(1) San Francisco Bay RNA. (i) The 
following is a regulated navigation area--The waters bounded by a line 
connecting the following coordinates, beginning at:

37[deg]47[min]18[sec] N, 122[deg]30[min]22[sec] W; thence to 
37[deg]48[min]55[sec] N, 122[deg]31[min]41[sec] W; thence along the 
shoreline to 37[deg]50[min]38[sec] N, 122[deg]28[min]37[sec] W; thence 
to 37[deg]50[min]59[sec] N,

[[Page 762]]

122[deg]28[min]00[sec] W; thence to 37[deg]51[min]45[sec] N, 
122[deg]27[min]28[sec] W; thence to 37[deg]52[min]58[sec] N, 
122[deg]26[min]06[sec] W; thence to 37[deg]51[min]53[sec] N, 
122[deg]24[min]58[sec] W; thence to 37[deg]51[min]53[sec] N, 
122[deg]24[min]00[sec] W; thence to 37[deg]51[min]40[sec] N, 
122[deg]23[min]48[sec] W; thence to 37[deg]49[min]22[sec] N, 
122[deg]23[min]48[sec] W; thence to 37[deg]48[min]20[sec] N, 
122[deg]22[min]12[sec] W; thence to 37[deg]47[min]02[sec] N, 
122[deg]21[min]33[sec] W; thence to 37[deg]47[min]02[sec] N, 
122[deg]23[min]04[sec] W; thence along the shoreline to the point of 
beginning.

                              Datum: NAD 83

    (ii) The San Francisco Bay RNA consists of the following defined 
sub-areas:
    (A) Golden Gate Traffic Lanes--(1) Westbound traffic lane: Bounded 
by the Golden Gate precautionary area and the COLREGS Demarcation Line 
(33 CFR 80.1142), between the separation zone and a line connecting the 
following coordinates:

37[deg]48[min]30[sec] N, 122[deg]31[min]22[sec] W; thence to 
37[deg]49[min]03[sec] N, 122[deg]29[min]52[sec] W.

                              Datum: NAD 83

    (2) Eastbound traffic lane. Bounded by the COLREGS Demarcation Line 
(33 CFR 80.1142) and the Golden Gate precautionary area, between the 
separation zone and a line connecting the following coordinates:

37[deg]47[min]50[sec] N, 122[deg]30[min]48[sec] W; thence to 
37[deg]48[min]30[sec] N, 122[deg]29[min]29[sec] W.

                              Datum: NAD 83

    (3) Golden Gate Separation Zone: The area 75 yards each side of a 
line connecting the following coordinates:

37[deg]48[min]08[sec] N, 122[deg]31[min]05[sec] W; thence to 
37[deg]48[min]46[sec] N, 122[deg]29[min]40[sec] W.

                              Datum: NAD 83

    (B) Golden Gate Precautionary Area: An area bounded by a line 
connecting the following coordinates beginning at:

37[deg]48[min]30[sec] N, 122[deg]29[min]29[sec] W; thence to 
37[deg]48[min]52[sec] N, 122[deg]28[min]41[sec] W; thence to 
37[deg]48[min]52[sec] N, 122[deg]27[min]49[sec] W; thence to 
37[deg]49[min]36[sec] N, 122[deg]27[min]46[sec] W; thence to 
37[deg]49[min]55[sec] N, 122[deg]28[min]09[sec] W; thence to 
37[deg]49[min]28[sec] N, 122[deg]28[min]45[sec] W; thence to 
37[deg]49[min]03[sec] N, 122[deg]29[min]52[sec] W; thence returning to 
the point of beginning.

                              Datum: NAD 83

    (C) Central Bay Traffic Lanes--(1) Westbound traffic lane: Bounded 
by the Central Bay precautionary area and the Golden Gate precautionary 
area, between the Central Bay and the Deep Water Traffic Lane separation 
zones.
    (2) Eastbound traffic lane: Bounded by the Golden Gate precautionary 
area and the Central Bay precautionary area, between the Central Bay 
Separation Zone and a line connecting the following coordinates, 
beginning at:

37[deg]48[min]41[sec] N, 122[deg]25[min]17[sec] W; thence to 
37[deg]48[min]50[sec] N, 122[deg]26[min]14[sec] W; thence to 
37[deg]48[min]52[sec] N, 122[deg]27[min]49[sec] W.

                              Datum: NAD 83

    (3) Deep Water (two-way) Traffic Lane: Bounded by the Central Bay 
precautionary area and the Golden Gate precautionary area, between the 
Deep Water Traffic Lane separation zone and a line connecting the 
following coordinates, beginning at:

37[deg]49[min]55[sec] N, 122[deg]28[min]09[sec] W; thence to 
37[deg]50[min]36[sec] N, 122[deg]27[min]12[sec] W; thence to 
37[deg]50[min]47[sec] N, 122[deg]26[min]26[sec] W.

                              Datum: NAD 83

    (D) Central Bay Separation Zone: The area 75 yards each side of a 
line connecting the following coordinates, beginning at:

37[deg]49[min]17[sec] N, 122[deg]27[min]47[sec] W; thence to 
37[deg]49[min]35[sec] N, 122[deg]25[min]25[sec] W.

                              Datum: NAD 83

    (E) Deep Water Traffic Lane Separation Zone: The area 75 yards each 
side of a line connecting the following coordinates, beginning at:

37[deg]49[min]36[sec] N, 122[deg]27[min]46[sec] W; thence to 
37[deg]50[min]22[sec] N, 122[deg]26[min]49[sec] W; thence to 
37[deg]50[min]25[sec] N, 122[deg]26[min]22[sec] W.

                              Datum: NAD 83

    (F) Central Bay Precautionary Area: An area bounded by a line 
connecting the following coordinates, beginning at:

37[deg]48[min]41[sec] N, 122[deg]25[min]17[sec] W; thence to 
37[deg]49[min]32[sec] N, 122[deg]25[min]13[sec] W; thence to 
37[deg]50[min]25[sec] N, 122[deg]26[min]22[sec] W; thence to 
37[deg]50[min]47[sec] N, 122[deg]26[min]26[sec] W; thence to 
37[deg]51[min]04[sec] N, 122[deg]24[min]58[sec] W; thence to 
37[deg]51[min]53[sec] N, 122[deg]24[min]58[sec] W; thence to 
37[deg]51[min]53[sec] N, 122[deg]24[min]00[sec] W; thence to 
37[deg]51[min]40[sec] N, 122[deg]23[min]48[sec] W; thence to 
37[deg]49[min]22[sec] N, 122[deg]23[min]48[sec] W; thence to 
37[deg]48[min]20[sec] N, 122[deg]22[min]12[sec] W; thence 
to37[deg]47[min]02[sec] N, 122[deg]21[min]33[sec] W; thence to 
37[deg]47[min]02[sec] N, 122[deg]23[min]04[sec] W; thence returning 
along the shoreline to the point of beginning.

                              Datum: NAD 83

    (2) North Ship Channel RNA. The following is a regulated navigation 
area--

[[Page 763]]

The waters bounded by a line connecting the following coordinates, 
beginning at:

37[deg]51[min]53[sec] N, 122[deg]24[min]58[sec] W; thence to 
37[deg]54[min]15[sec] N, 122[deg]27[min]27[sec] W; thence to 
37[deg]56[min]06[sec] N, 122[deg]26[min]49[sec] W; thence to 
37[deg]56[min]06[sec] N, 122[deg]26[min]34[sec] W; thence to 
37[deg]54[min]48[sec] N, 122[deg]26[min]42[sec] W; thence to 
37[deg]54[min]02[sec] N, 122[deg]26[min]10[sec] W; thence to 
37[deg]51[min]53[sec] N, 122[deg]24[min]00[sec] W; thence to returning 
to the point of beginning.

                              Datum: NAD 83

    (3) San Pablo Strait Channel RNA. The following is a regulated 
navigation area--The waters bounded by a line connecting the following 
coordinates, beginning at:

37[deg]56[min]06[sec] N, 122[deg]26[min]49[sec] W; thence to 
37[deg]57[min]26[sec] N, 122[deg]27[min]21[sec] W; thence to 
38[deg]00[min]48[sec] N, 122[deg]24[min]45[sec] W; thence to 
38[deg]01[min]54[sec] N, 122[deg]22[min]24[sec] W; thence to 
38[deg]01[min]44[sec] N, 122[deg]22[min]18[sec] W; thence to 
37[deg]57[min]37[sec] N, 122[deg]26[min]23[sec] W; thence to 
37[deg]56[min]06[sec] N, 122[deg]26[min]34[sec] W; thence returning to 
the point of beginning.

                              Datum: NAD 83

    (4) Pinole Shoal Channel RNA. The following is a regulated 
navigation area--The waters bounded by a line connecting the following 
coordinates, beginning at:

38[deg]01[min]54[sec] N, 122[deg]22[min]25[sec] W; thence to 
38[deg]03[min]13[sec] N, 122[deg]19[min]50[sec] W; thence to 
38[deg]03[min]23[sec] N, 122[deg]18[min]31[sec] W; thence to 
38[deg]03[min]13[sec] N, 122[deg]18[min]29[sec] W; thence to 
38[deg]03[min]05[sec] N, 122[deg]19[min]28[sec] W; thence to 
38[deg]01[min]44[sec] N, 122[deg]22[min]18[sec] W; thence returning to 
the point of beginning.

                              Datum: NAD 83

    (5) Benicia-Martinez Railroad Drawbridge Regulated Navigation Area 
(RNA): The following is a regulated navigation area--The waters bounded 
by the following longitude lines:
    (i) 122[deg]13[min]31[sec] W (coinciding with the charted location 
of the Carquinez Bridge)
    (ii) 121[deg]53[min]17[sec] W (coinciding with the charted location 
of New York Point)
    Datum: NAD 83
    (6) Southampton Shoal Channel/Richmond Harbor RNA: The following, 
consisting of two distinct areas, is a regulated navigation area--
    (i) The waters bounded by a line connecting the following 
coordinates, beginning at:

37[deg]54[min]17[sec] N, 122[deg]22[min]00[sec] W; thence to 
37[deg]54[min]08[sec] N, 122[deg]22[min]00[sec] W; thence to 
37[deg]54[min]15[sec] N, 122[deg]23[min]12[sec] W; thence to 
37[deg]54[min]30[sec] N, 122[deg]23[min]09[sec] W; thence along the 
shoreline to the point of beginning.

                              Datum: NAD 83

    (ii) The waters bounded by a line connecting the following 
coordinates, beginning at:

37[deg]54[min]28[sec] N, 122[deg]23[min]36[sec] W; thence to
37[deg]54[min]20[sec] N, 122[deg]23[min]38[sec] W; thence to
37[deg]54[min]23[sec] N, 122[deg]24[min]02[sec] W; thence to
37[deg]54[min]57[sec] N, 122[deg]24[min]51[sec] W; thence to
37[deg]55[min]05[sec] N, 122[deg]25[min]02[sec] W; thence to
37[deg]54[min]57[sec] N, 122[deg]25[min]22[sec] W; thence to
37[deg]53[min]26[sec] N, 122[deg]25[min]03[sec] W; thence to
37[deg]53[min]24[sec] N, 122[deg]25[min]13[sec] W; thence to
37[deg]55[min]30[sec] N, 122[deg]25[min]35[sec] W; thence to
37[deg]55[min]40[sec] N, 122[deg]25[min]10[sec] W; thence to
37[deg]54[min]54[sec] N, 122[deg]24[min]30[sec] W; thence to
37[deg]54[min]30[sec] N, 122[deg]24[min]00[sec] W; thence returning to 
the point of beginning.

                              Datum: NAD 83

    (7) Oakland Harbor RNA: The following is a regulated navigation 
area--The waters bounded by a line connecting the following coordinates, 
beginning at:

37[deg]48[min]40[sec] N, 122[deg]19[min]58[sec] W; thence to
37[deg]48[min]50[sec] N, 122[deg]20[min]02[sec] W; thence to
37[deg]48[min]29[sec] N, 122[deg]20[min]39[sec] W; thence to
37[deg]48[min]13[sec] N, 122[deg]21[min]26[sec] W; thence to
37[deg]48[min]10[sec] N, 122[deg]21[min]39[sec] W; thence to
37[deg]48[min]20[sec] N, 122[deg]22[min]12[sec] W; thence to
37[deg]47[min]36[sec] N, 122[deg]21[min]50[sec] W; thence to
37[deg]47[min]52[sec] N, 122[deg]21[min]40[sec] W; thence to
37[deg]48[min]03[sec] N, 122[deg]21[min]00[sec] W; thence to
37[deg]47[min]48[sec] N, 122[deg]19[min]46[sec] W; thence to
37[deg]47[min]55[sec] N, 122[deg]19[min]43[sec] W; thence returning 
along the shoreline to the point of the beginning.

                              Datum: NAD 83

    (d) General regulations. (1) 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 not 
exceed a speed of 15 knots through the water.
    (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

[[Page 764]]

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) Specific Regulations--(1) San Francisco Bay RNA: (i) A vessel 
shall navigate with particular caution in a precautionary area, or in 
areas near the terminations of traffic lanes or channels, as described 
in this regulation.
    (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:
    (1) Carrying certain dangerous cargoes (as denoted in section 
160.203 of this subchapter);
    (2) Carrying bulk petroleum products; or
    (3) A tank vessel in ballast if such entry would result in meeting, 
crossing, or overtaking the other vessel.
    (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 Traffic Lane Separation Zone;
    (F) Not cross a traffic lane separation zone unless crossing, 
joining, or leaving a traffic lane.
    (2) Pinole Shoal Channel RNA: (i) A vessel less than 1600 gross tons 
or a tug with a tow of less than 1600 gross tons is not permitted within 
this RNA.
    (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 if such 
entry would result in meeting, crossing, or overtaking the other vessel, 
when either vessel is:
    (A) Carrying certain dangerous cargoes (as denoted in Sec. 160.203 
of this subchapter);
    (B) Carrying bulk petroleum products; or
    (C) A tank vessel in ballast.
    (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) Benicia-Martinez Railroad Drawbridge Regulated Navigation Area 
(RNA)--(i) Eastbound vessels: (A) The master, pilot, or person directing 
the movement of a power-driven vessel of 1600 or more gross tons or a 
tug with a tow of 1600 or more gross tons traveling eastbound and 
intending to transit under the lift span (centered at coordinates 
38[deg]02[min]18[sec] N, 122[deg]07[min]17[sec] W) of the railroad 
bridge across Carquinez Strait at mile 7.0 shall, immediately after 
entering the RNA, determine whether the visibility around the lift span 
is \1/2\ nautical mile or greater.
    (B) If the visibility is less than \1/2\ nautical mile, or 
subsequently becomes less than \1/2\ nautical mile, the vessel shall not 
transit under the lift span.
    (ii) Westbound vessels: (A) The master, pilot, or person directing 
the movement of a power-driven vessel of 1600 or more gross tons or a 
tug with a tow of 1600 or more gross tons traveling westbound and 
intending to transit under the lift span (centered at coordinates 
38[deg]02[min]18[sec] N, 122[deg]07[min]17[sec] W) of the railroad 
bridge across Carquinez Strait at mile 7.0 shall, immediately after 
entering the RNA determine whether the visibility around the lift span 
is \1/2\ nautical mile or greater.

[[Page 765]]

    (B) If the visibility is less than \1/2\ nautical mile, the vessel 
shall not pass beyond longitude line 121[deg]55[min]19[sec] W 
(coinciding with the charted position of the westernmost end of Mallard 
Island) until the visibility improves to greater than \1/2\ nautical 
mile around the lift span.
    (C) If after entering the RNA visibility around the lift span 
subsequently becomes less than \1/2\ nautical mile, the master, pilot, 
or person directing the movement of the vessel either shall not transit 
under the lift span or shall request a deviation from the requirements 
of the RNA as prescribed in paragraph (b) of this section.
    (D) Vessels that are moored or anchored within the RNA with the 
intent to transit under the lift span shall remain moored or anchored 
until visibility around the lift span becomes greater than \1/2\ 
nautical mile.
    (4) Southampton Shoal/Richmond Harbor RNA: 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 Southampton Shoal/Richmond Harbor RNA when another 
power-driven vessel of 1600 or more gross tons, or a tug with a tow of 
1600 or more gross tons, is navigating therein, if such entry would 
result in meeting, crossing, or overtaking the other vessel.
    (5) Oakland Harbor RNA: 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 the 
Oakland Harbor RNA when another power-driven vessel of 1600 or more 
gross tons, or a tug with a tow of 1600 or more gross tons, is 
navigating therein, if such entry would result in meeting, crossing, or 
overtaking the other vessel.

[CGD11-94-007, 60 FR 16796, Apr. 3, 1995; 60 FR 30157, June 7, 1995. 
Redesignated by USCG-2001-9286, 66 FR 33642, June 25, 2001, as amended 
by USCG-2003-15404, 68 FR 37741, June 25, 2003; CGD11-03-001, 69 FR 
2843, Jan. 21, 2004]



Sec. 165.1182  Safety/Security Zone: San Francisco Bay, San Pablo Bay, 
Carquinez Strait, and Suisun Bay, CA.

    (a) Regulated Area. The following area is established as a moving 
safety/security zone:
    (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[deg]46.9[min] N, 122[deg]35.4[min] W & 37[deg]46.5[min] N, 
122[deg]35.2[min] W, respectively) until safely moored at the Weapons 
Support Facility Seal Beach Detachment Concord on Suisun Bay (position 
38[deg]03.3[min] N, 122[deg]02.5[min] 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) Notification. Commander, Eleventh Coast Guard District, will 
cause notice of the activation of this safety/security zone to be made 
by all appropriate means to effect the widest publicity among the 
affected segments of the public, including publication in the Federal 
Register as practicable, in accordance with the provisions of 33 CFR 
165.7(a); such means of announcement may include, but are not limited 
to, Broadcast Notice to Mariners. The Coast Guard will issue a Broadcast 
Notice to Mariners notifying the public when nuclear materials cargo 
handling has been completed.
    (c) Effective Period. The safety/security zone will be effective 
commencing at the time any vessel described in paragraph (a)(1) of this 
section enters the zone described in paragraph (a)(1) of this section 
and will remain in effect until all spent nuclear materials cargo 
handling operations have been completed at Weapons Support Facility Seal 
Beach Detachment Concord.
    (d) Regulations. The general regulations governing safety and 
security zones contained in both 33 CFR 165.23 in 33 CFR 165.33 apply. 
Entry into, transit through, or anchoring within this moving safety/
security zone is prohibited unless authorized by Commander, Eleventh 
Coast Guard District, or his designated representative.

[CGD11-98-005, 63 FR 38754, July 20, 1998. Redesignated by USCG-2001-
9286, 66 FR 33642, June 25, 2001]

[[Page 766]]



Sec. 165.1183  Security Zones; Cruise Ships, Tankers and High Interest 

Vessels, San Francisco Bay and Delta Ports, Monterey Bay and Humboldt 
Bay, California.

    (a) Definitions. As used in this section--
    Cruise ship means any vessel over 100 gross register tons, carrying 
more than 12 passengers for hire which makes voyages lasting more than 
24 hours, of which any part is on the high seas. Passengers from cruise 
ships are embarked or disembarked in the U.S. or its territories. Cruise 
ships do not include ferries that hold Coast Guard Certificates of 
Inspection endorsed for ``Lakes, Bays and Sounds'' that transit 
international waters for only short periods of time on frequent 
schedules.
    High Interest Vessel or HIV means any vessel deemed by the Captain 
of the Port, or higher authority, as a vessel requiring protection based 
upon risk assessment analysis of the vessel and is therefore escorted by 
a Coast Guard or other law enforcement vessel with an embarked Coast 
Guard commissioned, warrant, or petty officer.
    Tanker means any self-propelled tank vessel constructed or adapted 
primarily to carry oil or hazardous materials in bulk in the cargo 
spaces.
    (b) Locations. The following areas are security zones:
    (1) San Francisco Bay. All waters, extending from the surface to the 
sea floor, within 100 yards ahead, astern and extending 100 yards along 
either side of any cruise ship, tanker or HIV that is underway, 
anchored, or moored 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[deg]46.9[min] N, 
122[deg]35.4[min] W and 37[deg]46.5[min] N, 122[deg]35.2[min] W, 
respectively);
    (2) Monterey Bay. All waters, extending from the surface to the sea 
floor, within 100 yards ahead, astern and extending 100 yards along 
either side of any cruise ship, tanker or HIV that is underway, 
anchored, or moored within the Monterey Bay area shoreward of a line 
drawn between Santa Cruz Light (LLNR 305) to the north in position 
36[deg]57.10[min] N, 122[deg]01.60[min] W, and Cypress Point, Monterey 
to the south, in position 36[deg]34.90[min] N, 121[deg]58.70[min] W.
    (3) Humboldt Bay. All waters, extending from the surface to the sea 
floor, within 100 yards ahead, astern and extending 100 yards along 
either side of any cruise ship, tanker or HIV that is underway, 
anchored, or moored within the Humboldt Bay area shoreward of a 4 
nautical mile radius line drawn to the west of the Humboldt Bay Entrance 
Lighted Whistle Buoy HB (LLNR 8130), in position 40[deg]46.25[min] N, 
124[deg]16.13[min] W.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec. 165.33 of this part, entry into or remaining in this zone is 
prohibited unless authorized by the Coast Guard Captain of the Port, San 
Francisco Bay, or his designated representative.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port at telephone number 415-399-3547 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 designated 
representative.

[COTP San Francisco Bay 04-003, 70 FR 18307, Apr. 11, 2005]



Sec. 165.1185  Regulated Navigation Area; San Francisco Bay, San Pablo 

Bay, Carquinez Strait, Suisun Bay, Sacramento River, San Joaquin River, 
and connecting 
          waters in California.

    (a) Location. All waters of San Francisco Bay, San Pablo Bay, 
Carquinez Strait, Suisun Bay, Sacramento River, San Joaquin River, and 
connecting waters in California are a Regulated Navigation Area.
    (b) Definitions. ``Liquefied hazardous gas (LHG)'' is a liquid 
containing one or more of the products listed in Table 127.005 of 33 CFR 
127.005 that is carried in bulk on board a tank vessel as a liquefied 
gas product. The hazards normally associated with these products include 
toxic or flammable properties or a combination of both.
    (c) Regulations. All vessels loaded with a cargo of liquefied 
hazardous gas (LHG) within this Regulated Navigation Area must proceed 
directly to their intended cargo reception facility to discharge their 
LHG cargo, unless:

[[Page 767]]

    (1) The vessel is otherwise directed or permitted by the Captain of 
the Port. The Captain of the Port can be reached at telephone number 
(415) 399-3547 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.
    (2) The vessel is in an emergency situation and unable to proceed as 
directed in paragraph (a) of this section without endangering the safety 
of persons, property, or the environment.

[CGD11 04-001, 69 FR 30206, May 27, 2004]



Sec. 165.1187  Security Zones; Golden Gate Bridge and the San 
Francisco-Oakland Bay Bridge, San Francisco Bay, California.

    (a) Location. All waters extending from the surface to the sea 
floor, within 25 yards of all piers, abutments, fenders and pilings of 
the Golden Gate Bridge and the San Francisco-Oakland Bay Bridge, in San 
Francisco Bay, California.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. 165.33 of this part, entry into these security zones is 
prohibited, unless doing so is necessary for safe navigation, to conduct 
official business such as scheduled maintenance or retrofit operations, 
or unless specifically authorized by the Captain of the Port San 
Francisco Bay or his designated representative.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port at telephone number 415-399-3547 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.
    (c) Enforcement. All persons and vessels shall comply with the 
instructions of the Coast Guard Captain of the Port or the designated 
on-scene patrol personnel. Patrol 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.

[COTP San Francisco Bay 03-029, 69 FR 11316, Mar. 10, 2004]



Sec. 165.1190  Security Zone; San Francisco Bay, Oakland Estuary, 
Alameda, CA.

    (a) Location. The following area is a security zone: all navigable 
waters of the Oakland Estuary, California, from the surface to the sea 
floor, 150 feet into the Oakland Estuary surrounding the Coast Guard 
Island Pier. The perimeter of the security zone commences at a point on 
land approximately 150 feet north of the northern end of the Coast Guard 
Island Pier at latitude 37[deg]46[min]53.6[sec] N and longitude 
122[deg]15[min]06.1[sec] W; thence out to the edge of the charted 
channel at latitude 37[deg]46[min]52.3[sec] N and longitude 
122[deg]15[min]07.9[sec] W; thence along the edge of the charted channel 
to latitude 37[deg]46[min]42.2[sec] N and longitude 
122[deg]14[min]50.5[sec] W; thence to a point on land approximately 150 
feet south of the southern end of the Coast Guard Island Pier at 
latitude 37[deg]46[min]44.8[sec] N and longitude 
122[deg]14[min]48.8[sec] W; thence along the shoreline back to the 
beginning point, latitude 37[deg]46[min]53.6[sec] N and longitude 
122[deg]15[min]06.1[sec] W.
    (b) Regulations. (1) Under Sec. 165.33, entry into or remaining in 
this zone is prohibited unless authorized by the Coast Guard Captain of 
the Port, San Francisco Bay, or his designated representative.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port at telephone number 415-399-3547 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 designated 
representative.

[COTP San Francisco Bay 03-026, 69 FR 31739, June 7, 2004]



Sec. 165.1191  Safety zones: Northern California annual fireworks events.

    (a) General. Safety zones are established for the events listed in 
Table 1 of this section. Further information on exact dates, times, and 
other details concerning the exact geographical description of the areas 
are published by

[[Page 768]]

the Eleventh Coast Guard District in the Local Notice to Mariners prior 
to each event.
    (b) Regulations. ``Official Patrol Vessels'' consist of any Coast 
Guard, other Federal, state or local law enforcement, and any public or 
sponsor-provided vessels assigned or approved by Commander, Coast Guard 
Group San Francisco, to patrol each event.
    (1) In accordance with the general regulations in Sec. 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.

                       Table 1 to Sec. 165.1191
              [All coordinates referenced use datum NAD 83]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                KFOG KaBoom
Sponsor...................................  KFOG Radio, San Francisco.
Event Description.........................  Fireworks display.
Date......................................  Last Saturday in May.
Location..................................  1,000 feet off Pier 30/32.
Regulated Area............................  That area of navigable
                                             waters within a 1,000 foot
                                             radius of the launch
                                             platform.
               Fourth of July Fireworks, City of Monterey
------------------------------------------------------------------------
Sponsor...................................  City of Monterey, Recreation
                                             & Community Services
                                             Department.
Event Description.........................  Fireworks Display.
Date......................................  July 4th.
Location..................................  Monterey Bay, East of
                                             Municipal Wharf 2.
Regulated Area............................  That area of navigable
                                             waters within a 1,000 foot
                                             radius of the launch
                                             platform.
-------------------------------------------
               Fourth of July Fireworks, City of Sausalito
------------------------------------------------------------------------
Sponsor...................................  City of Sausalito.
Event Description.........................  Fireworks Display.
Date......................................  July 4th.
Location..................................  1,000 feet off-shore from
                                             Sausalito waterfront, North
                                             of Spinnaker Rest.
Regulated Area............................  That area of navigable
                                             waters within a 1,000 foot
                                             radius of the launch
                                             platform.
-------------------------------------------
                  Fourth of July Fireworks, Lake Tahoe
------------------------------------------------------------------------
Sponsor...................................  Anchor Trust.
Event Description.........................  Fireworks Display.
Date......................................  July 4th.
Location..................................  1,000 feet off Incline
                                             Village, Nevada in Crystal
                                             Bay.
Regulated Area............................  That area of navigable
                                             waters within a 1,000 foot
                                             radius of the launch
                                             platform.
-------------------------------------------
       Fourth of July Fireworks, South Lake Tahoe Gaming Alliance
------------------------------------------------------------------------
Sponsor...................................  Harrah's Lake Tahoe.
Event Description.........................  Fireworks Display.
Date......................................  July 4th.
Location..................................  Off South Lake Tahoe,
                                             California near Nevada
                                             border.

[[Page 769]]

 
Regulated Area............................  That area of navigable
                                             waters within a 1,000 foot
                                             radius of the launch
                                             platform.
-------------------------------------------
                       Independence Day Fireworks
------------------------------------------------------------------------
Sponsor...................................  North Tahoe Fire Protection
                                             District.
Event Description.........................  Fireworks Display.
Date......................................  July 4th.
Location..................................  Offshore from Kings Beach
                                             State Beach.
Regulated Area............................  That area of navigable
                                             waters within a 1,000 foot
                                             radius of the launch
                                             platform.
-------------------------------------------
                       July 4th Fireworks Display
------------------------------------------------------------------------
Sponsor...................................  North Tahoe Fire Protection
                                             District.
Event Description.........................  Fireworks Display.
Date......................................  July 4th.
Location..................................  Offshore of Common Beach,
                                             Tahoe City, CA.
Regulated Area............................  That area of navigable
                                             waters within a 1,000 foot
                                             radius of the launch
                                             platform.
-------------------------------------------
                San Francisco Chronicle Fireworks Display
------------------------------------------------------------------------
Sponsor...................................  San Francisco Chronicle.
Event Description.........................  Fireworks Display.
Date......................................  July 4th.
Location 1................................  A barge located
                                             approximately 1,000 feet
                                             off of San Francisco Pier
                                             39 at approximately:
                                             37[deg]48[min]49.0[sec] N,
                                             122[deg]24[min]46.5[sec] W.
Regulated Area............................  The area of navigable waters
                                             within a 1,000 foot radius
                                             of the launch platform.
Location 2................................  The end of the San Francisco
                                             Municipal Pier at Aquatic
                                             Park at approximately:
                                             37[deg]48[min]38.5[sec] N,
                                             122[deg]25[min]30.0[sec] W.
Regulated Area............................  The area of navigable waters
                                             within a 1,000 foot radius
                                             of the launch platform.
-------------------------------------------
                    Vallejo Fourth of July Fireworks
------------------------------------------------------------------------
Sponsor...................................  Vallejo Marina.
Event Description.........................  Fireworks Display.
Date......................................  July 4th.
Location..................................  Mare Island Strait.
Regulated Area............................  That area of navigable
                                             waters within a 1,000 foot
                                             radius of the launch
                                             platform.
------------------------------------------------------------------------


[CGD 11-99-007, 64 FR 39030, July 21, 1999. Redesignated by USCG-2001-
9286, 66 FR 33642, June 25, 2001]



Sec. 165.1192  Security Zones; Waters surrounding San Francisco 

International Airport and Oakland International Airport, San 
Francisco Bay, California.

    (a) Locations. The following areas are security zones:
    (1) San Francisco International Airport Security Zone. This security 
zone includes all waters extending from the surface to the sea floor 
within approximately 200 yards seaward from the shoreline of the San 
Francisco International Airport and encompasses all waters in San 
Francisco Bay within a line connecting the following geographical 
positions--

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
37[deg]36[min]19[sec] N                     122[deg]22[min]36[sec] W
37[deg]36[min]45[sec] N                     122[deg]122[min]18[sec] W
37[deg]36[min]26[sec] N                     122[deg]21[min]30[sec] W
37[deg]36[min]31[sec] N                     122[deg]21[min]21[sec] W
37[deg]36[min]17[sec] N                     122[deg]20[min]45[sec] W
37[deg]36[min]37[sec] N                     122[deg]20[min]40[sec] W
37[deg]36[min]50[sec] N                     122[deg]21[min]08[sec] W
37[deg]37[min]00[sec] N                     122[deg]21[min]12[sec] W
37[deg]37[min]21[sec] N                     122[deg]21[min]53[sec] W

[[Page 770]]

 
37[deg]37[min]39[sec] N                     122[deg]21[min]44[sec] W
37[deg]37[min]56[sec] N                     122[deg]21[min]51[sec] W
37[deg]37[min]50[sec] N                     122[deg]22[min]20[sec] W
37[deg]38[min]25[sec] N                     122[deg]22[min]54[sec] W
37[deg]38[min]23[sec] N                     122[deg]23[min]01[sec] W
------------------------------------------------------------------------


and along the shoreline back to the beginning point.
    (2) Oakland International Airport Security Zone. This security zone 
includes all waters extending from the surface to the sea floor within 
approximately 200 yards seaward from the shoreline of the Oakland 
International Airport and encompasses all waters in San Francisco Bay 
within a line connecting the following geographical positions--

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
37[deg]43[min]35[sec] N                     122[deg]15[min]00[sec] W
37[deg]43[min]40[sec] N                     122[deg]15[min]05[sec] W
37[deg]43[min]34[sec] N                     122[deg]15[min]12[sec] W
37[deg]43[min]24[sec] N                     122[deg]15[min]11[sec] W
37[deg]41[min]54[sec] N                     122[deg]13[min]05[sec] W
37[deg]41[min]51[sec] N                     122[deg]12[min]48[sec] W
37[deg]41[min]53[sec] N                     122[deg]12[min]44[sec] W
37[deg]41[min]35[sec] N                     122[deg]12[min]18[sec] W
37[deg]41[min]46[sec] N                     122[deg]12[min]08[sec] W
37[deg]42[min]03[sec] N                     122[deg]12[min]34[sec] W
37[deg]42[min]08[sec] N                     122[deg]12[min]32[sec] W
37[deg]42[min]35[sec] N                     122[deg]12[min]30[sec] W
37[deg]42[min]40[sec] N                     122[deg]12[min]06[sec] W
------------------------------------------------------------------------


and along the shoreline back to the beginning point.
    (b) Regulations. (1) Under Sec. 165.33, entering, transiting 
through, or anchoring in this zone is prohibited unless authorized by 
the Coast Guard Captain of the Port, San Francisco Bay, or his 
designated representative.
    (2) Persons desiring to transit the area of a security zone may 
contact the Captain of the Port at telephone number 415-399-3547 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.
    (c) Enforcement. All persons and vessels shall comply with the 
instructions of the Coast Guard Captain of the Port or the designated 
on-scene patrol personnel. Patrol 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.

[COTP San Francisco Bay 03-009, 69 FR 34282, June 21, 2004]



Sec. 165.1199  Security Zones; Military Ocean Terminal Concord (MOTCO), 
Concord, California.

    (a) Location. The security zone(s) encompass the navigable waters of 
Suisun Bay, California, extending from the surface to the sea floor, 
within 500 yards of the three Military Ocean Terminal Concord (MOTCO) 
piers in Concord, California.
    (b) Regulations. (1) The Captain of the Port (COTP) San Francisco 
Bay will enforce the security zone(s) established by this section during 
military onload or offload operations only upon notice. Upon notice of 
enforcement by the COTP, entering, transiting through or anchoring in 
the zone(s) is prohibited unless authorized by the COTP or his 
designated representative. Upon notice of suspension of enforcement by 
the COTP, all persons and vessels are granted general permissions to 
enter, transit, and exit the security zone(s).
    (2) If more than 1 pier is involved in onload or offload operations 
at the same time, the 500-yard security zone for each involved pier will 
be enforced.
    (3) Persons desiring to transit the area of a security zone may 
contact the Patrol Commander on scene on VHF-FM channel 13 or 16 or the 
COTP at telephone number 415-399-3547 to seek permission to transit the 
area. If permission is granted, all persons and vessels must comply with 
the instructions of the COTP or his designated representative.
    (c) Enforcement. All persons and vessels must comply with the 
instructions of the Coast Guard Captain of the Port or the designated 
on-scene patrol personnel. Patrol personnel comprise commissioned, 
warrant, and petty officers of the Coast Guard onboard Coast Guard, 
Coast Guard Auxiliary, local, state, and federal law enforcement 
vessels. The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the security zones by local law enforcement and the MOTCO 
police as necessary. Upon being hailed by U.S. Coast

[[Page 771]]

Guard patrol personnel by siren, radio, flashing light, or other means, 
the operator of a vessel must proceed as directed.
    (d) Notice of enforcement or suspension of enforcement of security 
zone(s). The COTP San Francisco Bay will cause notification of 
enforcement of the security zone(s) to be made by issuing a Local Notice 
to Mariners and a Broadcast Notice to Mariners to inform the affected 
segments of the public. During periods that the security zone(s) are 
being enforced, Coast Guard patrol personnel will notify mariners to 
keep out of the security zone(s) as they approach the area. In addition, 
Coast Guard Group San Francisco Bay maintains a telephone line that is 
maintained 24 hours a day, 7 days a week. The public can contact Group 
San Francisco Bay at (415) 399-3530 to obtain information concerning 
enforcement of this rule. When the security zone(s) are no longer 
needed, the COTP will cease enforcement of the security zone(s) and 
issue a Broadcast Notice to Mariners to notify the public. Upon notice 
of suspension of enforcement, all persons and vessels are granted 
general permissions to enter, move within and exit the security zone(s).

[COTP San Francisco Bay 04-007, 70 FR 3301, Jan. 24, 2005]

                     Thirteenth Coast Guard District



Sec. 165.1301  Puget Sound and Adjacent Waters in Northwestern 
Washington--Regulated Navigation Area.

    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) Vessels engaged in fishing are as identified in the definition 
found in Rule 3 of the International Regulations for Prevention of 
Collisions at Sea, 1972, (72 COLREGS), found in Appendix A, Part 81 of 
this chapter.
    (2) Hazardous levels of vessel traffic congestion are as defined at 
the time by Puget Sound Vessel Traffic Service.
    (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.

[[Page 772]]

    (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 Dungeness or a traffic lane must also remain clear of the 
adjacent separation zone when in a TSS east of New Dungeness.
    (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.

[CGD 13-98-002, 63 FR 7708, Feb. 17, 1998]



Sec. 165.1302  Bangor Naval Submarine Base, Bangor, WA.

    (a) Location. The following is a security zone: The waters of the 
Hood Canal encompassed by a line commencing on the east shore of Hood 
Canal at latitude 47[deg]43[min]17[sec] N., longitude 
122[deg]44[min]44[sec] W., thence to latitude 47[deg]43[min]32[sec] N., 
longitude 122[deg]44[min]40[sec] W.; thence to latitude 
47[deg]43[min]50[sec] N., longitude 122[deg]44[min]40[sec] W.; thence to 
latitude 47[deg]44[min]24[sec] N., longitude 122[deg]44[min]22[sec] W.; 
thence to latitude 47[deg]45[min]47[sec] N., longitude 
122[deg]43[min]22[sec] W.; thence to latitude 47[deg]46[min]23[sec] N., 
longitude 122[deg]42[min]42[sec] W.; thence to latitude 
47[deg]46[min]23[sec] N., longitude 122[deg]42[min]20[sec] W.; thence to 
latitude 47[deg]46[min]20[sec] N., longitude 122[deg]42[min]12[sec] W.: 
thence southerly along the shoreline to the point of beginning.
    (b) Security zone anchorage. The following is a security zone 
anchorage: Area No. 2. Waters of Hood Canal within a circle of 1,000 
yards diameter centered on a point located at latitude 
47[deg]46[min]26[sec] N., longitude 122[deg]42[min]49[sec] W.
    (c) Special Regulations. (1) Section 165.33 paragraphs, (a), (e), 
and (f) do not

[[Page 773]]

apply to the following vessels or individuals on board those vessels:
    (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 maintained on board the exempted vessel so long as 
such vessel is operating in the security zone.
    (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) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and monitoring of this security zone by the U.S. Navy.

[CDG13 87-06, 52 FR 47924, Dec. 17, 1987]



Sec. 165.1303  Puget Sound and adjacent waters, WA-regulated navigation 
area.

    (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) Regulations. (1) Tank vessel navigation restrictions: Tank 
vessels larger than 125,000 deadweight tons bound for a port or place in 
the United States may not operate in the regulated navigation area.
    (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) Precautionary Area Regulations. (1) A vessel in a precautionary 
area which is depicted on National Oceanic and Atmospheric 
Administration (NOAA) nautical charts, except precautionary ``RB'' (a 
circular area of 2,500 yards radius centered at 48-26[min]24[sec] N., 
122-45[min]12[sec] W.), must keep the center of the precautionary area 
to port.
    Note: 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.

[CGD 90-020, 59 FR 36335, July 15, 1994, as amended by CGD 13-97-003, 62 
FR 23660, May 1, 1997]

[[Page 774]]



Sec. 165.1304  Bellingham Bay, Bellingham, WA.

    (a) Location. The following area is a safety zone: All waters of 
Bellingham Bay, Washington, bounded by a circle with a radius of 1000 
yards centered on the fireworks launching site located on the Georgia 
Pacific Lagoon Seawall at position latitude 48[deg]44[min]56[sec] N, 
longitude 122[deg]29[min]40[sec] W, including the entrances to the I & J 
Street Waterway and the Whatcom Creek Waterway. [Datum: NAD 83]
    (b) Effective dates. This section is effective annually on July 
fourth from 9:30 p.m. to 11 p.m. unless otherwise specified by Federal 
Register notice.
    (c) Regulation. In accordance with the general regulations in Sec. 
165.23 of this part, entry into this safety zone is prohibited unless 
authorized by the Captain of the Port, Puget Sound, Seattle, WA.

[CGD13-95-008, 60 FR 61480, Nov. 30, 1995, as amended by CGD 13-96-028, 
61 FR 47824, Sept. 11, 1996]



Sec. 165.1305  Commencement Bay, Tacoma, WA.

    (a) Location. The following area is a safety zone: All portions of 
Commencement Bay bounded by the following coordinates: Latitude 
47[deg]17[min]34[sec] N, Longitude 122[deg]28[min]36[sec] W; thence to 
Latitude 47[deg]17[min]06[sec] N, Longitude 122[deg]27[min]40[sec] W; 
thence to Latitude 47[deg]16[min]42[sec] N, Longitude 
122[deg]28[min]06[sec] W; thence to Latitude 47[deg]17[min]10[sec] W, 
Longitude 122[deg]29[min]02[sec] W; thence returning to the origin. This 
safety zone resembles a rectangle lying adjacent to the shoreline along 
Ruston Way. Floating markers will be placed by the sponsor of the event 
to delineate the boundaries of the safety zone. [Datum: NAD 1983].
    (b) Effective dates. This section is effective annually on July the 
fourth from 2 p.m. to 12:30 a.m. July the fifth unless otherwise 
specified by Federal Register notice.
    (c) Regulation. In accordance with the general regulations in Sec. 
165.23 of this part, entry into this safety zone is prohibited unless 
authorized by the Captain of the Port, Puget Sound, Seattle, WA.

[CGD13-95-009, 60 FR 61481, Nov. 30, 1995]



Sec. 165.1306  Lake Union, Seattle, WA.

    (a) Location. The following area is a safety zone: All portions of 
the waters of Lake Union bounded by the following coordinates: Latitude 
47[deg]38[min]32[sec] N, Longitude 122[deg]20[min]34[sec] W; thence to 
Latitude 47[deg]38[min]32[sec] N, Longitude 122[deg]19[min]48[sec] W; 
thence to Latitude 47[deg]38[min]10[sec] N, Longitude 
122[deg]19[min]45[sec] W; thence to Latitude 47[deg]38[min]10[sec] N, 
Longitude 122[deg]20[min]24[sec] W; thence returning to the origin. This 
safety zone begins 1,000 feet south of Gas Works Park and encompasses 
all waters from east to west for 2,500 feet. Floating markers will be 
placed by the sponsor of the fireworks demonstration to delineate the 
boundaries of the safety zone. [Datum: NAD 1983]
    (b) Effective dates. This section is effective annually on July 
fourth from 9:30 p.m. to 11 p.m. unless otherwise specified by Federal 
Register notice.
    (c) Regulation. In accordance with the general regulations in Sec. 
165.23 of this part, entry into the safety zone is prohibited unless 
authorized by the Captain of the Port, Puget Sound, Seattle, WA. The 
Captain of the Port may establish transit lanes along the east and west 
shorelines of Lake Union and may allow boaters to transit north and 
south through the safety zone in these lanes. If established, these 
transit lanes will remain open until 10 p.m. and then be closed until 
the end of the fireworks display (approximately 30 minutes).

[CGD13-95-010, 60 FR 61483, Nov. 30, 1995]



Sec. 165.1307  Elliott Bay, Seattle, WA.

    (a) Location. The following area is a safety zone: All portions of 
Elliott Bay bounded by the following coordinates: Latitude 
47[deg]37[min]22[sec] N, Longitude 122[deg]22[min]06[sec] W; thence to 
Latitude 47[deg]37[min]06[sec] N, Longitude 122[deg]21[min]45[sec] W; 
thence to Latitude 47[deg]36[min]54[sec] N, Longitude 
122[deg]22[min]05[sec] W; thence to Latitude 47[deg]37[min]08[sec] N, 
Longitude 122[deg]22[min]27[sec] W; thence returning to the origin. This 
safety zone resembles a square centered around the barge from which the 
fireworks will be launched and begins 100 yards from the shoreline of 
Myrtle Edwards Park. Floating markers will be placed by the

[[Page 775]]

sponsor of the fireworks display to delineate the boundaries of the 
safety zone [Datum NAD 1983].
    (b) Effective dates. This section is effective annually on July 
fourth from 9:30 p.m. to 11 p.m. unless otherwise specified by Federal 
Register notice.
    (c) Regulation. In accordance with the general regulations in Sec. 
165.23 of this part, entry into this safety zone is prohibited unless 
authorized by the Captain of the Port, puget sound, Seattle, WA.

[CGD13-95-007, 60 FR 61482, Nov. 30, 1995, as amended by CGD13-97-015, 
62 FR 39445, July 23, 1997]



Sec. 165.1308  Columbia River, Vancouver, WA.

    (a) Location. The following area is a safety zone: All waters of the 
Columbia River at Vancouver, Washington, bounded by a line commencing at 
the northern base of the Interstate 5 highway bridge at latitude 
45[deg]37[min]17[sec] N, longitude 122[deg]40[min]22[sec] W; thence 
south along the Interstate 5 highway bridge to latitude 
45[deg]37[min]03[sec] N, longitude 122[deg]40[min]32[sec] W; thence to 
latitude 45[deg]36[min]28[sec] N, longitude 122[deg]38[min]35[sec] W; 
thence to Ryan's Point at latitude 45[deg]36[min]42[sec] N, longitude 
122[deg]38[min]35[sec] W; thence along the Washington shoreline to the 
point of origin. [Datum: NAD 83].
    (b) Effective dates. This section is effective annually on July 
fourth from 9 p.m. to 11 p.m. (PDT) unless otherwise specified by 
Federal Register notice.
    (c) Regulation. In accordance with the general regulations in Sec. 
165.23 of this part, entry into this safety zone is prohibited unless 
authorized by the Captain of the Port, Portland, Oregon.

[CGD13-95-055, 61 FR 18949, Apr. 30, 1996]



Sec. 165.1309  Eagle Harbor, Bainbridge Island, WA.

    (a) Regulated Area. A regulated navigation area is established on 
that portion of Eagle Harbor bounded by a line beginning at: 
47[deg]36[min]56[sec] N, 122[deg]30[min]36[sec] W; thence to 
47[deg]37[min]11[sec] N, 122[deg]30[min]36[sec] W; thence to 
47[deg]37[min]25[sec] N, 122[deg]30[min]17[sec] W; thence to 
47[deg]37[min]24[sec] N, 122[deg]30[min]02[sec] W; thence to 
47[deg]37[min]16[sec] N, 122[deg]29[min]55[sec] W; thence to 
47[deg]37[min]03[sec] N, 122[deg]30[min]027sec; W; thence returning 
along the shoreline to point of origin. [Datum NAD 1983].
    (b) Regulations. All vessels and persons are prohibited from 
anchoring, dredging, laying cable, dragging, seining, bottom fishing, 
conducting salvage operations, or any other activity which could 
potentially disturb the seabed in the designated area. Vessels may 
otherwise transit or navigate within this area without reservation.
    (c) Waiver. The Captain of the Port, Puget Sound, upon advice from 
the U.S. EPA Project Manager and the Washington State Department of 
Natural Resources, may, upon written request, authorize a waiver from 
this section if it is determined that the proposed operation supports 
USEPA remedial objectives, or can be performed in a manner that ensures 
the integrity of the sediment cap. A written request must describe the 
intended operation, state the need, and describe the proposed 
precautionary measures. Requests should be submitted in triplicate, to 
facilitate review by U.S. EPA, Coast Guard, and Washington State 
Agencies. USEPA managed remedial design, remedial action, habitat 
mitigation, or monitoring activities associated with the Wyckoff/Eagle 
Harbor Superfund Site are excluded from the waiver requirement. USEPA is 
required, however, to alert the Coast Guard in advance concerning any of 
the above-mentioned activities that may, or will, take place in the 
Regulated Area.

[CGD 13-98-004, 64 FR 72561, Dec. 28, 1999]



Sec. 165.1310  Strait of Juan de Fuca and adjacent coastal waters of 
Northwest Washington; Makah Whale Hunting--Regulated Navigation Area.

    (a) The following area is a Regulated Navigation Area (RNA): From 
48[deg]02.25[min] N, 124[deg]42.1[min] W northward along the mainland 
shoreline of Washington State to Cape Flattery and thence eastward along 
the mainland shoreline of Washington State to 48[deg]22[min] N, 
124[deg]34[min] W; thence due north to 48[deg]24.55[min] N, 
124[deg]34[min] W; thence northwesterly to 48[deg]27.1[min] N, 
124[deg]41.7[min] W; thence due west to 48[deg]27.1[min] N, 
124[deg]45.5[min] W; thence southwesterly to 48[deg]20.55[min] N, 
124[deg]51.05[min] W, thence west south west to 48[deg]18.0[min] N 
124[deg]59.0[min] W, thence due south to 48[deg]02.25[min] N, 
124[deg]59.0[min] W) thence due east back to

[[Page 776]]

the shoreline of Washington at 48[deg]02.25[min] N, 124[deg]42.1[min] 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.

[CGD 13-98-023, 63 FR 52609, Oct. 1, 1998, as amended by CGD 13-98-023, 
64 FR 61212, Nov. 10, 1999]



Sec. 165.1311  Olympic View Resource Area, Tacoma, WA.

    (a) Regulated Area. A regulated navigation area is established on 
that portion of Commencement Bay bounded by a line beginning at: 
47[deg]15[min]40.19753[sec] N, 122[deg]26[min]09.27617[sec] W; thence to 
47[deg]15[min]42.21070[sec] N, 122[deg]26[min]10.65290[sec] W; thence to 
47[deg]15[min]41.84696[sec] N,

[[Page 777]]

122[deg]26[min]11.80062[sec] W; thence to 47[deg]15[min]45.57725[sec] N, 
122[deg]26[min]14.35173[sec] W; thence to 47[deg]15[min]53.06020[sec] N, 
122[deg]26[min]06.61366[sec] W; thence to 47[deg]15[min]46.74493[sec] N, 
122[deg]26[min]02.50574[sec] W; thence returning along the shoreline to 
the point of origin. [Datum NAD 1983].
    (b) Regulations. All vessels and persons are prohibited from 
anchoring, dredging, laying cable, dragging, seining, bottom fishing, 
conducting salvage operations, or any other activity which could 
potentially disturb the seabed in the designated area. Vessels may 
otherwise transit or navigate within this area without reservation.
    (c) Waiver. The Captain of the Port, Puget Sound, upon advice from 
the United States Environmental Protection Agency (USEPA) Project 
Manager and the Washington State Department of Natural Resources, may, 
upon written request, authorize a waiver from this section if it is 
determined that the proposed operation supports USEPA remedial 
objectives, or can be performed in a manner that ensures the integrity 
of the sediment cap. A written request must describe the intended 
operation, state the need, and describe the proposed precautionary 
measures. Requests shall be submitted in triplicate, to facilitate 
review by USEPA, Coast Guard, and Washington State Agencies. USEPA 
managed remedial design, remedial action, habitat mitigation, or 
monitoring activities associated with the Olympic View Resource Area 
Superfund Site are excluded from the waiver requirement. USEPA is 
required, however, to alert the Coast Guard in advance concerning any of 
the above-mentioned activities that may, or will, take place in the 
Regulated Area.

[CGD13-02-016, 68 FR 17735, Apr. 11, 2003]



Sec. 165.1312  Security Zone; Portland Rose Festival on Willamette River.

    (a) Location. The following area is a security zone: All waters of 
the Willamette River, from surface to bottom, encompassed by the 
Hawthorne and Steel Bridges.
    (b) Regulations. In accordance with Sec. 165.33, entry into this 
zone is prohibited unless authorized by the Coast Guard Captain of the 
Port, Portland or his designated representatives. Section 165.33 also 
contains other general requirements.
    (c) Authority. In addition to 33 U.S.C. 1231, the authority for this 
section includes 33 U.S.C. 1226.
    (d) Enforcement period. This section is enforced annually in June 
from the first Wednesday in June falling on the 4th or later through the 
following Monday in June. The event will be 6 days in length and the 
specific dates of enforcement will be published each year in the Federal 
Register. In 2005, the zone will be enforced on Wednesday, June 8, 
through Monday, June 13.

[CGD13-02-020, 68 FR 31979, May 29, 2003, as amended by CDG13-05-007, 70 
FR 33353, June 8, 2005]



Sec. 165.1313  Security zone regulations, tank ship protection, Puget 
Sound and adjacent waters, Washington

    (a) Notice of enforcement or suspension of enforcement. The tank 
ship security zone established by this section will be enforced only 
upon notice by the Captain of the Port Puget Sound. Captain of the Port 
Puget Sound will cause notice of the enforcement of the tank ship 
security zone to be made by all appropriate means to effect the widest 
publicity among the affected segments of the public including 
publication in the Federal Register as practicable, in accordance with 
33 CFR 165.7(a). Such means of notification may also include but are not 
limited to, Broadcast Notice to Mariners or Local Notice to Mariners. 
The Captain of the Port Puget Sound will issue a Broadcast Notice to 
Mariners and Local Notice to Mariners notifying the public when 
enforcement of the tank ship security zone is suspended.
    (b) The following definitions apply to this section:
    (1) Federal Law Enforcement Officer means any employee or agent of 
the United States government who has the authority to carry firearms and 
make warrantless arrests and whose duties involve the enforcement of 
criminal laws of the United States.
    (2) Navigable waters of the United States means those waters defined 
as such in 33 CFR part 2.
    (3) Navigation Rules means the Navigation Rules, International-
Inland.

[[Page 778]]

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

[[Page 779]]

Port may be assisted by other federal, state or local agencies in 
enforcing this section.

[CGD13-02-018, 68 FR 15374, Mar. 31, 2003]



Sec. 165.1314  Safety Zone; Fort Vancouver Fireworks Display, Columbia 
River, Vancouver, Washington.

    (a) Location. The following area is a safety zone: All waters of the 
Columbia River at Vancouver, Washington bounded by a line commencing at 
the northern base of the Interstate 5 highway bridge at latitude 
45[deg]37[sec] 16.5[min] N, longitude 122[deg]40[sec] 22.5[min]' W; 
thence south along the Interstate 5 highway bridge to Hayden Island, 
Oregon at latitude 45[deg]36[sec] 51.5[min] N, longitude 122[deg]40[sec] 
39[min] W; thence east along Hayden Island to latitude 45[deg]36[sec] 
36[min] N, longitude 122[deg]39[sec] 48[min] W (not to include Hayden 
Bay); thence north across the river thru the preferred channel buoy, RG 
Fl(2+1)R 6s, to the Washington shoreline at latitude 45[deg]37[sec] 
1.5[min] N, longitude 122[deg]39[sec] 29[min] W; thence west along the 
Washington shoreline to the point of origin.
    (b) Regulations. In accordance with the general regulations in Sec. 
165.23 of this part, no person or vessel may enter or remain in this 
zone unless authorized by the Captain or the Port or his designated 
representatives.
    (c) Authority. In addition to 33 U.S.C. 1231, the authority for this 
section includes 33 U.S.C. 1226.
    (d) Enforcement period. This section will be enforced every July 4, 
from 9:30 p.m. (P.D.T.) to 11 p.m. (P.D.T.).

[CGD13-03-001, 68 FR 31610, May 28, 2003]



Sec. 165.1315  Safety Zones: Annual fireworks events in the Captain 
of the Port Portland Zone.

    (a) Safety zones. The following areas are designated safety zones:
    (1) Cinco de Mayo Fireworks Display, Portland, OR:
    (i) Location. Waters on the Willamette River bounded by the Morrison 
Bridge to the north, Hawthorne Bridge to the south, and the shoreline to 
the east and west.
    (ii) Enforcement period. One day in early May.
    (2) Portland Rose Festival Fireworks Display, Portland, OR:
    (i) Location. Waters on the Willamette River bounded by the Morrison 
Bridge to the north, Hawthorne Bridge to the south, and the shoreline to 
the east and west.
    (ii) Enforcement period. One day in late May or early June.
    (3) Tri-City Chamber of Commerce Fireworks Display, Columbia Park, 
Kennewick, WA:
    (i) Location. Waters on the Columbia River bounded by shoreline to 
the north and south, Interstate 395 bridge to the east, and 1000 feet of 
water to the west of the launching barge which is centered at 46 degrees 
13 minutes 38 seconds North, 119 degrees 08 minutes 52 seconds West.
    (ii) Enforcement date. Every July 4th.
    (4) Cedco Inc. Fireworks Display, North Bend, OR
    (i) Location. Waters on the Coos River bounded by shoreline to the 
east and west and 1000 feet of water to the north and south of the 
launching barge which is centered at 43 degrees 23 minutes 45 seconds 
North, 124 degrees 12 minutes 50 seconds West.
    (ii) Enforcement period. One day in early July.
    (5) Astoria 4th of July Fireworks, Astoria, OR
    (i) Location. All waters of the Columbia River at Astoria, Oregon 
enclosed by the following points: North from the Oregon shoreline at 123 
degrees 50 minutes 1 second West to 46 degrees 11 minutes 50 seconds 
North, thence east to 123 degrees 49 minutes 15 seconds West, thence 
south to the Oregon shoreline and finally westerly along the Oregon 
shoreline to the point of origin.
    (ii) Enforcement period. One day in early July.
    (6) Oregon Food Bank Blues Festival Fireworks, Portland, OR
    (i) Location. Waters on the Willamette River bounded by the 
Hawthorne Bridge to the north, Marquam Bridge to the south, and 
shoreline to the east and west.
    (ii) Enforcement period. One day in early July.
    (7) Oregon Symphony Concert Fireworks Display, Portland, OR
    (i) Location. All waters of the Willamette River bounded by the 
Hawthorne Bridge to the north, Marquam Bridge to the south, and 
shoreline to the east and west.

[[Page 780]]

    (ii) Enforcement period. One day in late August.
    (8) Fort Vancouver Celebrate America Fireworks Display, Vancouver, 
WA
    (i) Location. All waters of the Columbia River bounded by 1000 feet 
of water to the north, shoreline to the south, Interstate Five Bridge to 
the west and 1000 feet of water to the east of the fireworks launching 
barge which is centered at 45 degrees 36 minutes 50 seconds North, 122 
degrees 40 minutes 22 seconds West.
    (ii) Enforcement period. One day in late October.
    (b) Regulations. (1) In accordance with Sec. 165.23, entry into 
these zones is prohibited unless authorized by the Coast Guard Captain 
of the Port, Portland or his designated representatives. Section 165.23 
also contains other general requirements. Announcement of enforcement 
periods may be made by the methods described in 33 CFR 165.7, or any 
other reasonable method.
    (c) Authority. In addition to 33 U.S.C. 1231, the authority for this 
section includes 33 U.S.C. 1226.

[CGD01-03-008, 68 FR 32368, May 30, 2003]



Sec. 165.1316  Safety Zone; Columbia River, Astoria, Oregon.

    (a) Location. The following area is a safety zone: All waters of the 
Columbia River at Astoria, Oregon enclosed by the following points: 
North from the Oregon shoreline at 123[deg]49[min]36[sec] West to 
46[deg]11[min]51[sec] North thence east to 123[deg]48[min]53[sec] West 
thence south to the Oregon shoreline and finally westerly along the 
Oregon shoreline to the point of origin.
    (b) Regulations. In accordance with the general regulations in Sec. 
165.23 of this part, no person or vessel may enter or remain in this 
zone unless authorized by the Captain or the Port or his designated 
representatives.
    (c) Authority. In addition to 33 U.S.C. 1231, the authority for this 
section includes 33 U.S.C. 1226.
    (d) Enforcement period. This section will normally be enforced on 
the second Saturday of August from 9:30 p.m. (PDT) to 10:30 p.m. (PDT). 
Announcement of enforcement periods may be made by the methods described 
in 33 CFR 165.7, or any other reasonable method.

[CGD13-03-013, 68 FR 42290, July 17, 2003]



Sec. 165.1317  Security and Safety Zone; Large Passenger Vessel 
Protection, Puget Sound and adjacent waters, Washington.

    (a) Notice of enforcement or suspension of enforcement. The large 
passenger vessel security and safety zone established by this section 
will be enforced only upon notice by the Captain of the Port Puget 
Sound. Captain of the Port Puget Sound will cause notice of the 
enforcement of the large passenger vessel security and safety zone to be 
made by all appropriate means to effect the widest publicity among the 
affected segments of the public including publication in the Federal 
Register as practicable, in accordance with 33 CFR 165.7(a). Such means 
of notification may also include but are not limited to, Broadcast 
Notice to Mariners or Local Notice to Mariners. The Captain of the Port 
Puget Sound will issue a Broadcast Notice to Mariners and Local Notice 
to Mariners notifying the public when enforcement of the large passenger 
vessel security and safety zone is suspended.
    (b) Definitions. The following definitions apply to this section:
    Federal Law Enforcement Officer means any employee or agent of the 
United States government who has the authority to carry firearms and 
make warrantless arrests and whose duties involve the enforcement of 
criminal laws of the United States.
    Large Passenger Vessel means any cruise ship over 100 feet in length 
carrying passengers for hire, and any auto ferries and passenger ferries 
over 100 feet in length carrying passengers for hire such as the 
Washington State Ferries, M/V COHO and Alaskan Marine Highway Ferries. 
Large Passenger Vessel does not include vessels inspected and 
certificated under 46 CFR, Chapter I, Subchapter T such as excursion 
vessels, sight seeing vessels, dinner cruise vessels, and whale watching 
vessels.
    Large Passenger Vessel Security and Safety Zone is a regulated area 
of water established by this section, surrounding large passenger 
vessels for a

[[Page 781]]

500-yard radius to provide for the security and safety of these vessels.
    Navigable waters of the United States means those waters defined as 
such in 33 CFR part 2.
    Navigation Rules means the Navigation Rules, International--Inland.
    Official Patrol means those persons designated by the Captain of the 
Port to monitor a large passenger vessel security and safety zone, 
permit entry into the zone, give legally enforceable orders to persons 
or vessels within the zone and take other actions authorized by the 
Captain of the Port. Persons authorized in paragraph (l) to enforce this 
section are designated as the Official Patrol.
    Public vessel means vessels owned, chartered, or operated by the 
United States, or by a State or political subdivision thereof.
    Washington Law Enforcement Officer means any General Authority 
Washington Peace Officer, Limited Authority Washington Peace Officer, or 
Specially Commissioned Washington Peace Officer as defined in Revised 
Code of Washington section 10.93.020.
    (c) Security and safety zone. There is established a large passenger 
vessel security and safety zone extending for a 500-yard radius around 
all large passenger vessels located in the navigable waters of the 
United States in Puget Sound, WA, east of 123[deg]30[min] West 
Longitude. [Datum: NAD 1983].
    (d) Compliance. The large passenger vessel security and safety zone 
established by this section remains in effect around large passenger 
vessels at all times, whether the large passenger vessel is underway, 
anchored, or moored. Upon notice of enforcement by the Captain of the 
Port Puget Sound, the Coast Guard will enforce the large passenger 
vessel security and safety zone in accordance with rules set out in this 
section. Upon notice of suspension of enforcement by the Captain of the 
Port Puget Sound, all persons and vessels are authorized to enter, 
transit, and exit the large passenger vessel security and safety zone, 
consistent with the Navigation Rules.
    (e) The Navigation Rules shall apply at all times within a large 
passenger vessel security and safety zone.
    (f) When within a large passenger vessel security and safety zone 
all vessels must operate at the minimum speed necessary to maintain a 
safe course and must 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 that is underway or at anchor, 
unless authorized by the on-scene official patrol or large passenger 
vessel master. No vessel or person is allowed within 25 yards of a large 
passenger vessel that is moored.
    (g) To request authorization to operate within 100 yards of a large 
passenger vessel that is underway or at anchor, contact the on-scene 
official patrol or large passenger vessel master on VHF-FM channel 16 or 
13.
    (h) 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 vessels that must transit via a navigable channel or 
waterway to pass within 100 yards of an anchored large passenger vessel 
or within 25 yards of a moored large passenger vessel with minimal delay 
consistent with security.
    (i) When a large passenger vessel approaches within 100 yards of any 
vessel that is moored or anchored, 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 Puget Sound, his designated 
representative or the on-scene official patrol to do otherwise.
    (j) Exemption. Public vessels as defined in paragraph (b) of this 
section are exempt from complying with paragraphs (c), (d), (f), (g), 
(h), and (i), of this section.
    (k) Exception. 33 CFR part 161 contains Vessel Traffic Service 
regulations. When measures or directions issued by Vessel Traffic 
Service Puget Sound pursuant to 33 CFR part 161 also

[[Page 782]]

apply, the measures or directions govern rather than the regulations in 
this section.
    (l) Enforcement. Any Coast Guard commissioned, warrant or petty 
officer may enforce the rules in this section. In the navigable waters 
of the United States to which this section applies, when immediate 
action is required and representatives of the Coast Guard are not 
present or not present in sufficient force to provide effective 
enforcement of this section in the vicinity of a large passenger vessel, 
any Federal Law Enforcement Officer or Washington Law Enforcement 
Officer may enforce the rules contained in this section pursuant to 33 
CFR 6.04-11. In addition, the Captain of the Port may be assisted by 
other federal, state or local agencies in enforcing this section.
    (m) Waiver. The Captain of the Port Puget Sound may waive any of the 
requirements of this section for any vessel or class of vessels upon 
finding that a vessel or class of vessels, operational conditions or 
other circumstances are such that application of this section is 
unnecessary or impractical for the purpose of port security, safety or 
environmental safety.

[CGD13-03-018, 69 FR 2068, Jan. 14, 2004; 69 FR 4245, Jan. 29, 2004]



Sec. 165.1318  Security and Safety Zone Regulations, Large Passenger 
Vessel Protection, Portland, OR Captain of the Port Zone

    (a) Notice of enforcement or suspension of enforcement. The large 
passenger vessel security and safety zone established by this section 
will be enforced only upon notice by the Captain of the Port Portland. 
Captain of the Port Portland will cause notice of the enforcement of the 
large passenger vessel security and safety zone to be made by all 
appropriate means to effect the widest publicity among the affected 
segments of the public including publication in the Federal Register as 
practicable, in accordance with 33 CFR 165.7(a). Such means of 
notification may also include but are not limited to, Broadcast Notice 
to Mariners or Local Notice to Mariners. The Captain of the Port 
Portland will issue a Broadcast Notice to Mariners and Local Notice to 
Mariners notifying the public when enforcement of the large passenger 
vessel security and safety zone is suspended.
    (b) Definitions. As used in this section--
    Federal Law Enforcement Officer means any employee or agent of the 
United States government who has the authority to carry firearms and 
make warrantless arrests and whose duties involve the enforcement of 
criminal laws of the United States.
    Large passenger vessel means any vessel over 100 feet in length (33 
meters) carrying passengers for hire including, but not limited to, 
cruise ships, auto ferries, passenger ferries, and excursion vessels.
    Large passenger vessel security and safety zone is a regulated area 
of water, established by this section, surrounding large passenger 
vessels for a 500 yard radius that is necessary to provide for the 
security and safety of these vessels.
    Navigable waters of the United States means those waters defined as 
such in 33 CFR part 2.
    Navigation Rules means the Navigation Rules, International-Inland.
    Official Patrol means those persons designated by the Captain of the 
Port to monitor a large passenger vessel security and safety zone, 
permit entry into the zone, give legally enforceable orders to persons 
or vessels with in the zone and take other actions authorized by the 
Captain of the Port. Persons authorized as Federal Law Enforcement 
Officers to enforce this section are designated as the Official Patrol.
    Oregon Law Enforcement Officer means any Oregon Peace Officer as 
defined in Oregon Revised Statutes section 161.015.
    Public vessel means vessels owned, chartered, or operated by the 
United States, or by a State or political subdivision thereof.
    Washington Law Enforcement Officer means any General Authority 
Washington Peace Officer, Limited Authority Washington Peace Officer, or 
Specially Commissioned Washington Peace Officer as defined in Revised 
Code of Washington section 10.93.020.
    (c) Security and safety zone. There is established a large passenger 
vessel security and safety zone extending for a

[[Page 783]]

500 yard radius around all large passenger vessels in the navigable 
waters of the United States, in Portland, OR at the Columbia River Bar 
``C'' buoy and extending eastward on the Columbia River to Kennewick, WA 
and upriver through Lewiston, ID on the Snake River.
    (d) Compliance. The large passenger vessel security and safety zone 
established by this section remains in effect around large passenger 
vessels at all times, whether the large passenger vessel is underway, 
anchored, or moored. Upon notice of enforcement by the Captain of the 
Port Portland, the Coast Guard will enforce the large passenger vessel 
security and safety zone in accordance with rules set out in this 
section. Upon notice of suspension of enforcement by the Captain of the 
Port Portland, all persons and vessels are authorized to enter, transit, 
and exit the large passenger vessel security and safety zone, consistent 
with the Navigation Rules.
    (e) Navigation Rules. The Navigation Rules shall apply at all times 
within a large passenger vessel security and safety zone.
    (f) Restrictions based on distance from large passenger vessel. When 
within a large passenger vessel security and safety zone, all vessels 
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 that is underway or at anchor, unless 
authorized by the on-scene official patrol or large passenger vessel 
master.
    (g) Requesting authorization to operate within 100 yards of large 
passenger vessel. To request authorization to operate within 100 yards 
of a large passenger vessel that is underway or at anchor, contact the 
on-scene official patrol or large passenger vessel master on VHF-FM 
channel 16 or 13.
    (h) Maneuver-restricted vessels. 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 an anchored large passenger vessel.
    (i) Stationary vessels. When a large passenger vessel approaches 
within 100 yards of any vessel that is moored or anchored, the 
stationary vessel must stay moored or anchored while it remains with in 
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.
    (j) Exemption. Public vessels as defined in paragraph (b) of this 
section are exempt from complying with paragraphs (c), (d), (f), (g), 
(h), and (i), of this section.
    (k) Enforcement. Any Coast Guard commissioned, warrant or petty 
officer may enforce the rules in this section. In the navigable waters 
of the United States to which this section applies, when immediate 
action is required and representatives of the Coast Guard are not 
present or not present in sufficient force to provide effective 
enforcement of this section in the vicinity of a large passenger vessel, 
any Federal Law Enforcement Officer, Oregon Law Enforcement Officer or 
Washington Law Enforcement Officer may enforce the rules contained in 
this section pursuant to 33 CFR 6.04-11. In addition, the Captain of the 
Port may be assisted by other federal, state or local agencies in 
enforcing this section.
    (l) Waiver. The Captain of the Port Portland may waive any of the 
requirements of this section for any vessel or class of vessels upon 
finding that a vessel or class of vessels, operational conditions or 
other circumstances are such that application of this section is 
unnecessary or impractical for the purpose of port security, safety or 
environmental safety.

[CGD13-03-022, 68 FR 53679, Sept. 12, 2003]

[[Page 784]]



Sec. 165.1319  Safety Zone Regulations, Seafair Blue Angels Air Show 
Performance, Seattle, WA.

    (a) Enforcement period. This section will be enforced annually 
during the last week in July and the first two weeks of August from 8 
a.m. until 4 p.m., each day during the event. The event will be one week 
or less in duration. The specific dates during this time frame will be 
published in the Federal Register.
    (b) Location. The following is a safety zone: All waters of Lake 
Washington, Washington State, enclosed by the following points: Near the 
termination of Roanoke Way 47[deg]35[min]44[sec] N, 
122[deg]14[min]47[sec] W; thence to 47[deg]35[min]48[sec] N, 
122[deg]15[min]45[sec] W; thence to 47[deg]36[min]02.1[sec] N, 
122[deg]15[min]50.2[sec] W; thence to 47[deg]35[min]56.6[sec] N, 
122[deg]16[min]29.2[sec] W; thence to 47[deg]35[min]42[sec] N, 
122[deg]16[min]24[sec] W; thence to the east side of the entrance to the 
west highrise of the Interstate 90 bridge; thence westerly along the 
south side of the bridge to the shoreline on the western terminus of the 
bridge; thence southerly along the shoreline to Andrews Bay at 
47[deg]33[min]06[sec] N, 122[deg]15[min]32[sec] W; thence northeast 
along the shoreline of Bailey Peninsula to its northeast point at 
47[deg]33[min]44[sec] N, 122[deg]15[min]04[sec] W; thence easterly along 
the east-west line drawn tangent to Bailey Peninsula; thence northerly 
along the shore of Mercer Island to the point of origin. [Datum: NAD 
1983]
    (c) Regulations. In accordance with the general regulations in 33 
CFR Part 165, Subpart C, no person or vessel may enter or remain in the 
zone except for support vessels and support personnel, vessels 
registered with the event organizer, or other vessels authorized by the 
Captain of the Port or his designated representatives. Vessels and 
persons granted authorization to enter the safety zone shall obey all 
lawful orders or directions of the Captain of the Port or his designated 
representatives.

[CGD13-04-002, 69 FR 35250, June 24, 2004]



Sec. 165.1321  Security Zone; Protection of Military Cargo, Captain 
of the Port Zone Puget Sound, WA.

    (a) Notice of enforcement or suspension of enforcement. The Captain 
of the Port Puget Sound will enforce the security zones established by 
this section only upon notice. Captain of the Port Puget Sound will 
cause notice of the enforcement of these security zone to be made by all 
appropriate means to effect the widest publicity among the affected 
segments of the public including publication in the Federal Register as 
practicable, in accordance with 33 CFR 165.7(a). Such means of 
notification may also include but are not limited to, Broadcast Notice 
to Mariners or Local Notice to Mariners. The Captain of the Port Puget 
Sound will issue a Broadcast Notice to Mariners and Local Notice to 
Mariners notifying the public when enforcement of these security zones 
is suspended.
    (b) Definitions. The following definitions apply to this section:
    Designated Representative means those persons designated by the 
Captain of the Port to monitor these security zones, permit entry into 
these zones, give legally enforceable orders to persons or vessels with 
in these zones and take other actions authorized by the Captain of the 
Port. Persons authorized in paragraph (g) to enforce this section and 
Vessel Traffic Service Puget Sound (VTS) are Designated Representatives.
    Federal Law Enforcement Officer means any employee or agent of the 
United States government who has the authority to carry firearms and 
make warrantless arrests and whose duties involve the enforcement of 
criminal laws of the United States.
    Navigable waters of the United States means those waters defined as 
such in 33 CFR Part 2.
    Public vessel means vessels owned, chartered, or operated by the 
United States, or by a State or political subdivision thereof.
    Washington Law Enforcement Officer means any General Authority 
Washington Peace Officer, Limited Authority Washington Peace Officer, or 
Specially Commissioned Washington Peace Officer as defined in Revised 
Code of Washington section 10.93.020.
    (c) Security zone. The following areas are security zones:
    (1) Blair Waterway Security Zone: The Security Zone in the Blair 
Waterway, Commencement Bay, WA, includes all waters enclosed by a line 
connecting the following points: 47[deg]16[min]57[min][min] N, 
122[deg]24[min]39[min][min] W, which is approximately

[[Page 785]]

the beginning of Pier No. 23 (also known as the Army pier); then 
northwesterly to 47[deg]17[min]05[min][min] N, 
122[deg]24[min]52[min][min] W, which is the end of the Pier No. 23 (Army 
pier); then southwesterly to 47[deg]16[min]42[min][min] N, 
122[deg]25[min] 18[min][min] W, which is the approximate location of a 
private buoy on the end of the sewage outfall; then southeasterly to 
47[deg]16[min]33[min][min] N, 122[deg]25[min]04[min][min] W, which is 
approximately the northwestern end of Pier No. 5; then northeasterly to 
the northwestern end of Pier No. 1; then southeasterly along the 
shoreline of the Blair Waterway to the Blair Waterway turning basin; 
then along the shoreline around the Blair Waterway turning basin; then 
northwesterly along the shoreline of the Blair Waterway to the 
Commencement Bay Directional Light (light list number 17159); then 
northeasterly along the shoreline to the point of origin. [Datum: NAD 
1983].
    (2) Sitcum Waterway Security Zone: The Security Zone in the Sitcum 
Waterway, Commencement Bay, WA, includes all waters enclosed by a line 
connecting the following points: 47[deg]16[min]33[min][min] N, 
122[deg]25[min]04[min][min] W, which is approximately the northwestern 
end of Pier No. 5; then northwesterly to 47[deg]16[min]42[min][min] N, 
122[deg]25[min]18[min][min] W, which is the approximate location of a 
private buoy on the end of the sewage outfall; then southwesterly to 
47[deg]16[min]23[min][min] N, 122[deg]25[min]36[min][min] W; then 
southeasterly to 47[deg]16[min]10[min][min] N, 
122[deg]25[min]27[min][min] W, which is the northwestern corner of Pier 
No. 2; then extending northeasterly to 47[deg]16[min]13[min][min] N, 
122[deg]25[min]13[min][min] W; then extending southeasterly along the 
shoreline of the Sitcum Waterway; then northeasterly along the shoreline 
at the terminus of the Sitcum Waterway and then northwesterly along the 
shoreline of the Sitcum Waterway; then northeasterly along the shoreline 
of Pier No. 5 to the point of origin. [Datum: NAD 1983].
    (3) Budd Inlet Security Zone: The Security Zone in Budd Inlet, West 
Bay, Olympia WA includes all waters enclosed by a line connecting the 
following points: 47[deg]03[min]12[sec] N, 122[deg]54[min]21[sec] W, 
which is approximately the northwestern end of the fence line enclosing 
Berth 1 at Port of Olympia; then northerly to 47[deg]03[min]15[sec] N, 
122[deg]54[min]21[sec] W, which is the approximate 300 feet north along 
the shoreline; then westerly to 47[deg]03[min]15[sec] N, 
122[deg]54[min]26[sec] W; then southerly to 47[deg]03[min]06[sec] N, 
122[deg]54[min]26[sec] W; then southeasterly to 47[deg]03[min]03[sec] N, 
122[deg]54[min]20[sec] W, which is approximately the end of the T-shaped 
pier; then north to 47[deg]03[min]01[sec] N, 122[deg]54[min]21[sec] W, 
which is approximately the southwestern corner of berth 1; then 
northerly along the shoreline to the point of origin. [Datum: NAD 1983].
    (d) Obtaining permission to enter, move within, or exit the security 
zones. All vessels must obtain permission from the COTP or a Designated 
Representative to enter, move within, or exit the security zones 
established in this section when these security zones are enforced. 
Vessels 20 meters or greater in length should seek permission from the 
COTP or a Designated Representative at least 4 hours in advance. Vessels 
less than 20 meters in length should seek permission at least 1 hour in 
advance. VTS Puget Sound may be reached on VHF channel 14.
    (e) Compliance. Upon notice of enforcement by the Captain of the 
Port Puget Sound, the Coast Guard will enforce these security zones in 
accordance with rules set out in this section. Upon notice of suspension 
of enforcement by the Captain of the Port Puget Sound, all persons and 
vessels are authorized to enter, transit, and exit these security zones.
    (f) Regulations. Under the general regulations in 33 CFR part 165 
subpart D, this section applies to any vessel or person in the navigable 
waters of the United States to which this section applies. No person or 
vessel may enter the security zones established in this section unless 
authorized by the Captain of the Port or his designated representatives. 
Vessels and persons granted permission to enter the security zone shall 
obey all lawful orders or directions of the Captain of the Port or his 
designated representatives. All vessels shall operate at the minimum 
speed necessary to maintain a safe course.
    (g) Enforcement. Any Coast Guard commissioned, warrant or petty 
officer may enforce the rules in this section. In the navigable waters 
of the United States to which this section applies, when immediate 
action is required and representatives of the Coast Guard are not 
present or not present in sufficient

[[Page 786]]

force to provide effective enforcement of this section, any Federal Law 
Enforcement Officer or Washington Law Enforcement Officer may enforce 
the rules contained in this section pursuant to 33 CFR 6.04-11. In 
addition, the Captain of the Port may be assisted by other federal, 
state or local agencies in enforcing this section pursuant to 33 CFR 
6.04-11.
    (h) Exemption. Public vessels as defined in paragraph (b) of this 
section are exempt from the requirements in this section.
    (i) Waiver. For any vessel, the Captain of the Port Puget Sound may 
waive any of the requirements of this section, upon finding that 
operational conditions or other circumstances are such that application 
of this section is unnecessary or impractical for the purpose of port 
security, safety or environmental safety.

[CGD13-04-019, 69 FR 52603, Aug. 27, 2004, as amended by CGD13-04-040, 
69 FR 71711, Dec. 10, 2004; CGD13-04-46, 70 FR 2019, Jan. 12, 2005]

                     Fourteenth Coast Guard District



Sec. 165.1401  Apra Harbor, Guam--safety zones.

    (a) The following is designated as Safety Zone A--The waters of the 
Pacific Ocean and Apra Outer Harbor encompassed within an arc of 725 
yards radius centered at the center of Wharf H. (Located at 
13[deg]27[min]47[sec] N and 144[deg]39[min]01.9[sec] E. Based on World 
Geodetic System 1984 Datum)
    (b) The following is designated Safety Zone B--The waters of Apra 
Outer Harbor encompassed within an arc of 680 yards radius centered at 
the center of Naval Wharf Kilo. (Located at 13[deg]26[min]43[sec] N, 
144[deg]37[min]46.7[sec] E. Based on World Geodetic system 1984 Datum)
    (c) Special regulations. (1) Section 165.23 does not apply to Safety 
Zone A and/or Safety Zone B, except when Wharf H and/or Naval Wharf 
Kilo, or a vessel berthed at Wharf H and/or Naval Wharf Kilo, is 
displaying a red (BRAVO) flag by day or a red light by night.
    (2) In accordance with the general regulations in 165.23 of this 
part, entry into these zones is prohibited unless authorized by the 
Captain of the Port, Guam.

[COTP Guam Reg. 89-001, 55 FR 18725, May 4, 1990]



Sec. 165.1402  Apra Outer Harbor, Guam--regulated navigation area.

    (a) The following is a regulated navigation area--The waters of the 
Pacific Ocean and Apra Outer Harbor enclosed by a line beginning at 
latitude 13[deg]26[min]47[sec] N, longitude 144[deg]35[min]07[sec] E; 
thence to Spanish Rocks at latitude 13[deg]27[min]09.5[sec] N, longitude 
144[deg]37[min]20.6[sec] E; thence along the shoreline of Apra Outer 
Harbor to latitude 13[deg]26[min]28.1[sec] N, longitude 
144[deg]39[min]52.5[sec] E (the northwest corner of Polaris Point); 
thence to latitude 13[deg]26[min]40.2[sec] N, longitude 
144[deg]39[min]28.1[sec] E; thence to latitude 13[deg]26[min]32.1[sec] 
N, longitude 144[deg]39[min]02.8[sec] E; thence along the shoreline of 
Apra Outer Harbor to Orote Point at latitude 13[deg]26[min]42[sec] N, 
longitude 144[deg]36[min]58.5[sec] E; thence to the beginning. (Based on 
WGS 84 Datum)
    (b) Regulations:
    (1) Except for public vessels of the United States, vessels may not 
enter Apra Outer Harbor without permission of the Captain of the Port if 
they have on board more than 25 tons of high explosives.
    (2) Except for vessels not more than 65 feet in length, towboats or 
tugs without tows, no vessel may pass another vessel in the vicinity of 
the Outer Harbor entrance.
    (3) Vessels over 100 gross tons shall:
    (i) Steady on the entrance range at least 2 miles west of the 
entrance when approaching Apra Outer Harbor and;
    (ii) [Reserved]
    (iii) Steady on the range when departing Apra Outer Harbor.
    (4) Vessels may not anchor in the fairway. The fairway is the area 
within 375 feet on either side of a line beginning at latitude 
13[deg]26[min]47[sec] N, longitude 144[deg]35[min]07[sec] E; thence to 
latitude 13[deg]27[min]14.1[sec] N, longitude 144[deg]39[min]14.4[sec] 
E; thence to latitude 13[deg]26[min]35.2[sec] N, longitude 
144[deg]39[min]46.4[sec] E; thence to latitude 13[deg]26[min]30.8[sec] 
N, longitude 144[deg]39[min]44.4[sec] E. (Based on WGS 84 Datum)
    (5) Vessels over 100 gross tons may not proceed at a speed exceeding 
12 knots within the harbor.
    (6) No vessel may leave Apra Outer Harbor until any inbound vessel 
over 65

[[Page 787]]

feet in length has cleared the Outer Harbor Entrance.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 96-026, 61 FR 
33669, June 28, 1996; USCG-1998-3799, 63 FR 35533, June 30, 1998]



Sec. 165.1403  Security Zone: Tinian, Commonwealth Northern Marianas 
Islands.

    (a) Location. The following is designated as a security zone: The 
waters of the Pacific Ocean off Tinian between 14[deg]59[min]04.9[sec] 
N, 145[deg]34[min]58.6[sec] E to 14[deg]59[min]20.1[sec] N, 
145[deg]35[min]41.5[sec] E to 14[deg]59[min]09.8[sec] N, 
145[deg]36[min]02.1[sec] E to 14[deg]57[min]49.3[sec] N, 
145[deg]36[min]28.7[sec] E to 14[deg]57[min]29.1[sec] N, 
145[deg]35[min]31.1[sec] E and back to 14[deg]59[min]04.9[sec] N, 
145[deg]34[min]58.6[sec] E. This zone is in effect when one, or more, of 
the Maritime Preposition Ships is in the zone or moored at Mooring A 
located at 14[deg]58[min]57.0[sec] N and 145[deg]35[min]40.8[sec] E or 
Mooring B located at 14[deg]58[min]15.9[sec] N, 145[deg]35[min]54.8[sec] 
E. Additionally, a 50-yard security zone will remain in effect in all 
directions around Moorings A and B when no vessels are moored thereto.
    Note: All positions of latitude and longitude are from International 
Spheroid, Astro Pier 1944 (Saipan) Datum (NOAA Chart 81071).
    (b) Regulations. (1) In accordance with general regulations in Sec. 
165.33 of this part, entry into this security zone is prohibited unless 
authorized by the Captain of the Port.

[COTP Honolulu Reg. 86-08, 51 FR 42220, Nov. 24, 1986, as amended by 
USCG-2001-9286, 66 FR 33642, June 25, 2001]



Sec. 165.1404  Apra Harbor, Guam--security zone.

    (a) The following is designated as Security Zone C--The waters of 
Apra Outer Harbor, Guam surrounding Naval Mooring Buoy No. 702 (Located 
at 13[deg]27[min]30.1[sec] N and 144[deg]38[min]12.9[sec] E. Based on 
World Geodetic System 1984 Datum) and the Maritime Prepositioning ships 
moored thereto. The security zone will extend 100 yards in all 
directions around the vessel and its mooring. Additionally, a 50 yard 
security zone will remain in effect in all directions around buoy No. 
702 when no vessel is moored thereto.
    (b) In accordance with the general regulations in Sec. 165.33 of 
this part, entry into Security Zone C is prohibited unless authorized by 
the Captain of the Port, Guam.

[COTP Guam Reg. 89-001, 55 FR 18725, May 4, 1990]



Sec. 165.1405  Regulated Navigation Areas and Security Zones; Designated 

Escorted Vessels-Philippine Sea and Apra Harbor, Guam (including Cabras 
Island 
          Channel), and Tanapag Harbor, Saipan, Commonwealth of the 
          Northern Mariana Islands (CNMI).

    (a) Regulated navigation area. The following areas, designated by 
coordinates referencing World Geodetic Datum (1984), are regulated 
navigation areas (RNAs).
    (1) Philippine Sea, Guam--All waters from the surface to the bottom 
of the Philippine Sea, Guam, encompassed by lines connecting the 
following points, beginning at 13[deg]27[min]10[sec] N, 
144[deg]35[min]05[sec] E, thence easterly to 13[deg]27[min]17[sec] N, 
144[deg]37[min]27[sec] E, thence south westerly to 13[deg]26[min]52[sec] 
N, 144[deg]37[min]05[sec] E, thence westerly to 13[deg]26[min]37[sec] N, 
144[deg]35[min]05[sec] E, thence due north back to point of origin.
    (2) Apra Harbor, Guam--All waters from surface to bottom of Apra 
Harbor, Guam, shoreward of the COLREGS Demarcation as described in 33 
CFR part 80.
    (3) Tanapag Harbor, Saipan--The waters from surface to bottom of 
Tanapag Harbor, Saipan (CNMI), encompassed by lines connecting the 
following points, beginning at 15[deg]12[min]10[sec] N, 
145[deg]40[min]28[sec] E, thence north easterly to 15[deg]14[min]08[sec] 
N, 145[deg]42[min]00[sec] E, thence due east to 15[deg]14[min]08[sec] N, 
145[deg]44[min]02[sec] E, thence south easterly to 15[deg]13[min]54[sec] 
N, 144[deg]44[min]20[sec] E, thence south westerly along the shoreline 
to 15[deg]13[min]11[sec] N, 145[deg]43[min]01[sec] E, thence south 
westerly to 15[deg]12[min]10[sec] N, 145[deg]40[min]28[sec] E.
    (4) Cabras Island Channel, Guam--All waters from surface to bottom 
of Cabras Island Channel, Guam, beginning at point 13[deg]27[min]34[sec] 
N, 144[deg]39[min]39[sec] E and extending south easterly to position 
13[deg]27[min]24[sec] N, 144[deg]39[min]59[sec] E then heading easterly 
along the shoreline to position 13[deg]27[min]31[sec] N, 
144[deg]40[min]22[sec] E then heading north to position 
13[deg]27[min]37[sec] N, 144[deg]40[min]22[sec] E following the 
shoreline in a westerly direction back to point of origin.
    (b) Security zones. A 100-yard radius security zone is established 
around,

[[Page 788]]

and is centered on, each escorted vessel within the regulated navigation 
areas in paragraph (a) of this section. A security zone is activated 
when an escorted vessel enters an RNA and remains active until the 
escorted vessel leaves the RNA. This is a moving security zone when the 
escorted vessel is in transit and becomes a fixed zone when the escorted 
vessel is anchored or moored. A security zone will not extend beyond the 
boundary of the RNA in this section.
    (c) Definitions. As used in this section:
    (1) Designated representative means any Coast Guard commissioned, 
warrant, or petty officer that has been authorized to act on behalf of 
the COTP.
    (2) Escorted Vessel means any vessel operating in the RNA deemed by 
the COTP to be in need of escort protection for security reasons or 
under other circumstances. A designated representative aboard a Coast 
Guard cutter or patrol boat will accompany vessels deemed in need of 
escort protection into the RNA.
    (3) Navigation rules mean international and inland navigation rules 
in 33 CFR chapter I, subchapters D and E.
    (4) Vessel means every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water, except U.S. Coast Guard or U.S. naval vessels.
    (d) Regulations. (1) No person or vessel may enter into the security 
zones under this section unless authorized by the COTP Guam or a 
designated representative.
    (2) A vessel in the RNA established under paragraph (a) of this 
section operating within 500 yards of an escorted vessel must proceed at 
a minimum speed necessary to maintain a safe course, unless required to 
maintain speed by the navigation rules.
    (3) When an escorted vessel in the RNA approaches within 100 yards 
of a vessel that is moored, or anchored in a designated anchorage area, 
the stationary vessel must stay moored or anchored while it remains 
within the escorted vessel's security zone unless it is either ordered 
by, or given permission from the COTP Guam or a designated 
representative to do otherwise.
    (4) The COTP will inform the public of the existence or status of 
the security zones around escorted vessels in the RNA periodically by 
Broadcast Notice to Mariners.
    (5) Persons or vessels that must enter a security zone or exceed 
speed limits established in this section may contact the COTP at command 
center telephone number (671) 339-6100 or on VHF channel 16 (156.8 Mhz) 
to request permission.
    (6) All persons and vessels within 500 yards of an escorted vessel 
in the RNA must comply with the orders of the COTP Guam or his 
designated representatives.
    (e) Authority. 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.

[CGD14-02-002, 68 FR 4384, Jan. 29, 2003]



Sec. 165.1406  Safety Zone: Pacific Missile Range Facility (PMRF), 
Barking Sands, Island of Kauai, Hawaii.

    (a) Location. The following area is established as a safety zone 
during launch operations at PMRF, Kauai, Hawaii: The waters bounded by 
the following coordinates: (22[deg]01.2[min] N, 159[deg]47.3[min] W), 
(22[deg]01.2[min] N, 159[deg]50.7[min] W), (22[deg]06.3[min] N, 
159[deg]50.7[min] W), (22[deg]06.3[min] N, 159[deg]44.8[min] W). (Datum: 
OHD)
    (b) Activation. The above safety zone will be activated during 
launch operations at PMRF, Kauai, Hawaii. The Coast Guard will provide 
notice that the safety zone will be activated through published and 
broadcast local notice to mariners prior to scheduled launch dates.
    (c) Regulation. The area described in paragraph (a) of this section 
will be closed to all vessels and persons, except those vessels and 
persons authorized by the Commander, Fourteenth Coast Guard District, or 
the Captain of the Port (COTP) Honolulu, Hawaii, whenever Strategic 
Target System (STARS) vehicles are to be launched by the United States 
Government from the PMRF, Barking Sands, Kauai, Hawaii.
    (d) The general regulations governing safety zones contained in 33 
CFR 165.23 apply.

[CGD14 92-05, 57 FR 54508, Nov. 19, 1992, as amended by CGD 96-026, 61 
FR 33669, June 28, 1996]

[[Page 789]]



Sec. 165.1407  Security Zones; Oahu, Maui, Hawaii, and Kauai, HI.

    (a) Location. The following areas, from the surface of the water to 
the ocean floor, are security zones:
    (1) All waters of Honolulu Harbor and entrance channel, Keehi 
Lagoon, and General Anchorages A, B, C, and D as defined in 33 CFR 
110.235 that are shoreward of the following coordinates: The shoreline 
at 21[deg]17.68[min] N, 157[deg]52.0[min] W; thence due south to 
21[deg]16.0[min] N, 157[deg]52.0[min] W; thence due west to 
21[deg]16.0[min] N, 157[deg]55.58[min] W; thence due north to Honolulu 
International Airport Reef Runway at 21[deg]18.25[min] N, 
157[deg]55.58[min] W.
    (2) The waters around the Tesoro Single Point and the Chevron 
Conventional Buoy Moorings beginning at 21[deg]16.43[min] N, 
158[deg]6.03[min] W; thence northeast to 21[deg]17.35[min] N, 
158[deg]3.95[min] W; thence southeast to 21[deg]16.47[min] N, 
158[deg]3.5[min] W; thence southwest to 21[deg]15.53[min] N, 
158[deg]5.56[min] W; thence north to the beginning point.
    (3) The Kahului Harbor and Entrance Channel, Maui, HI consisting of 
all waters shoreward of the COLREGS DEMARCATION line. (See 33 CFR 
80.1460).
    (4) All waters within the Nawiliwili Harbor, Kauai, HI shoreward of 
the COLREGS DEMARCATION line (See 33 CFR 80.1450).
    (5) All waters of Port Allen Harbor, Kauai, HI shoreward of the 
COLREGS DEMARCATION line (See 33 CFR 80.1440).
    (6) The waters within a 100-yard radius centered on each cruise ship 
in Hilo Harbor, Hawaii, HI and Entrance Channel shoreward of the COLREGS 
DEMARCATION (See 33 CFR 80.1480). This is a moving security zone when 
the cruise ship is in transit and becomes a fixed zone when the cruise 
ship is anchored or moored.
    (7) The waters extending out 500 yards in all directions from cruise 
ships anchored or position keeping within 3 miles of:
    (i) Lahaina Harbor, Maui, HI, between Makila Point and Puunoa Point.
    (ii) Kailua-Kona Harbor, Hawaii, HI, between Keahulolu Point and 
Puapuaa Point.
    (8) All waters contained within the Barbers Point Harbor, Oahu, HI, 
enclosed by a line drawn between Harbor Entrance Channel Light 6 and the 
jetty point day beacon at 21[deg] 19.5[min] N, 158[deg]07.3[min] W.
    (b) Designated representative: A designated representative of the 
Captain of the Port is any Coast Guard commissioned officer, warrant or 
petty officer that has been authorized by the Captain of the Port 
Honolulu to act on his behalf.
    (c) Cruise ship: For the purposes 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. A 
``voyage'' in this section means the cruise ship's entire course of 
travel, from the first port at which the cruise ship embarks passengers 
until its return to its last port of call where the majority of 
passengers are disembarked.
    (d) Regulations. (1) In accordance with Sec. 165.33, entry into 
these zones is prohibited unless authorized by the Coast Guard Captain 
of the Port Honolulu, or his designated representatives. Section 165.33 
also contains other general requirements.
    (2) The existence or status of the security zones in this section 
will be announced periodically by Broadcast Notice to Mariners.
    (3) Persons desiring to transit the areas of the security zones may 
contact the Captain of the Port by calling the Command Center at 
telephone numbers (808) 541-2477 or (800) 552-6458, or on VHF channel 16 
(156.8 Mhz) to seek permission to transit the area. Written requests may 
be submitted to the Captain of the Port, Coast Guard Marine Safety 
Office Honolulu, 433 Ala Moana Blvd., Honolulu, HI 96813 or faxed to 
(808) 522-8270. If permission is granted, all persons and vessels shall 
comply with the instructions of the Captain of the Port or his 
designated representatives.
    (4) Persons entering a security zone without authorization of the 
Captain of the Port may be subject to a civil penalty of not more than 
$25,000 for each violation or a criminal penalty resulting in 
imprisonment of not more than

[[Page 790]]

ten years and a fine not more than $10,000.

[CGD14-03-001, 68 FR 20347, Apr. 25, 2003]

                    Seventeenth Coast Guard District



Sec. 165.T17-010  Safety Zone; Bering Sea, Aleutian Islands, Unalaska 
Island, AK.

    (a) Description. This safety zone is defined by a point at the 
western tip of Cape Kovrizhka, Unalaska Island, located at 
53[deg]51.0[min] N, 167[deg]9.5[min] W, then west 10 nautical miles to a 
point located at 53[deg]51.0[min] N, 167[deg]26[min] W, then south to 
the northern tip of Wedge Point, Unalaska Island, located at 
53[deg]27[min] N, 167[deg]24[min] W. All coordinates reference Datum: 
NAD 1983.
    (b) Enforcement period. The safety zone in this section will be 
enforced from June 12, 2005 through November 30, 2005.
    (c) Regulations. (1) The Captain of the Port and the Duty Officer at 
Marine Safety Office, Anchorage, Alaska can be contacted at telephone 
number (907) 271-6700.
    (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 the safety zone.
    (3) The general regulations governing safety zones contained in 
Sec. 165.23 apply. No person or vessel may enter or remain in this 
safety zone, with the exception of attending vessels, without first 
obtaining permission from the Captain of the Port or his on-scene 
representative.

[COTP Western Alaska-04-003, 70 FR 28429, May 18, 2005]

    Effective Date Note: By COTP Western Alaska-04-003, 70 FR 28429, May 
18, 2005, Sec. 165.T17-010 was added, effective June 12, 2005 to Nov. 
30, 2005.



Sec. 165.T17-020  Port Valdez and Valdez Narrows, Valdez, 
Alaska--security zones.

    (a) Location. The following areas are security zones--
    (1) Trans-Alaska Pipeline System (TAPS) Valdez Terminal Complex 
(Terminal), Valdez, Alaska. All waters enclosed within a line beginning 
on the southern shoreline of Port Valdez at 61[deg]04.97[min] N, 
146[deg]26.33[min] W; thence northerly to the yellow buoy at 
61[deg]06.50[min] N, 146[deg]26.33[min] W; thence east to the yellow 
buoy at 61[deg]06.50[min] N, 146[deg]21.23[min] W; thence south to 
61[deg]05.11[min] N, 146[deg]21.23[min] W; thence west along the 
shoreline and including the area 2000 yards inland along the shoreline 
to the beginning point. This security zone encompasses all waters 
approximately 1 mile north, east and west of the TAPS Terminal between 
Allison Creek (61[deg]05.11[min] N, 146[deg]21.23[min] W) and Sawmill 
Spit (61[deg]04.97[min] N, 146[deg]26.33[min] W).
    (2) Tank vessels in COTP Prince William Sound Zone. All waters 
within 200 yards of any tank vessel maneuvering to approach, moor, 
unmoor or depart the TAPS Terminal or transiting, maneuvering, laying 
to, or anchored within the boundaries of the Captain of the Port, Prince 
William Sound Zone described in 33 CFR 3.85-20(b).
    (3) Valdez Narrows, Port Valdez, Valdez, Alaska. All waters within 
200 yards of the Valdez Narrows Tanker Optimum Track line, when a tanker 
is navigating through the narrows.
    (i) The Valdez Narrows Tanker Optimum Track line is a line 
commencing at 61[deg]05.38[min] N, 146[deg]37.38[min] W; thence south 
westerly to 61[deg]04.05[min] N, 146[deg]40.05[min] W; thence southerly 
to 61[deg]04.05[min] N, 146[deg]41.20[min] W.
    (ii) This security zone encompasses all waters 200 yards either side 
of the Valdez Narrows Optimum Track line.
    (iii) Whenever a tank vessel is navigating on the Valdez Narrows 
Optimum Track line, the security zone is activated and subject to 
enforcement. All vessels forward of a TAPS tanker's movement shall 
vacate the security zone surrounding the Optimum Track line. Vessels may 
reenter the security zone astern of a moving tanker provided that a 200 
yards separation is given, as required in paragraph (a)(2) of this 
section.
    (b) Regulations. (1) The general regulations in 33 CFR 165.33 apply 
to the security zones established in paragraph (a) of this section. No 
person or vessel may enter these security zones without permission of 
the Captain of the Port, Prince William Sound.
    (2) All persons and vessels granted permission to enter these 
security

[[Page 791]]

zones must comply with the instructions of the Captain of the Port 
representative or designated on-scene patrol vessel. These personnel are 
comprised of commissioned, warrant, and petty officers of the Coast 
Guard. Upon being hailed by a Coast Guard vessel by siren, radio, 
flashing light, or other means, the operator of a vessel must proceed as 
directed.
    (3) The Captain of the Port or his representative or the designated 
on-scene patrol vessel may authorize vessels to enter the security zones 
in this section.
    (c) Effective period. This section is effective from June 13, 2005, 
to October 11, 2005.

[COTP Prince William Sound 05-008, 70 FR 37683, June 30, 2005]

    Effective Date Note: By COTP Prince William Sound 05-008, 70 FR 
37683, June 30, 2005, Sec. 165.T17-020 was added, effective June 13, 
2005 to October 11, 2005.



Sec. 165.1701  Port Valdez, Valdez, Alaska--safety zone.

    The waters within the following boundaries are a safety zone--The 
area within 200 yards of any waterfront facility at the Trans-Alaska 
Pipeline Valdez Terminal complex or vessels moored or anchored at the 
Trans-Alaska Pipeline Valdez Terminal complex and the area within 200 
yards of any tank vessel maneuvering to approach, moor, unmoor, or 
depart the Trans-Alaska Pipeline Valdez Terminal complex.



Sec. 165.1702  Gastineau Channel, Juneau, Alaska--safety zone.

    (a) The waters within the following boundaries are a safety zone: A 
line beginning at the Standard Oil Company Pier West Light (LLNR 3217), 
located at position 58[deg]17.9[min] N, 134[deg]24.8[min] W, in the 
direction of 140[deg] True to Rock Dump Lighted Buoy 2A (LLNR 3213) at 
position 58[deg]17.2[min] N, 134[deg]23.8[min] W; thence in the 
direction of 003[deg] True to a point at position 58[deg]17.4[min] N, 
134[deg]23.7[min] W, on the north shore of Gastineau Channel; thence 
northwesterly along the north shore of Gastineau Channel to the point of 
origin.
    (b) Special Regulations:
    (1) All vessels may transit or navigate within the safety zone.
    (2) No vessels, other than a large passenger vessel (including 
cruise ships and ferries) may anchor within the Safety zone without the 
express consent from the Captain of the Port, Southeast Alaska.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 79-026, 48 FR 
35408, Aug. 4, 1983]



Sec. 165.1703  Ammunition Island, Port Valdez, Alaska.

    (a) Location. The waters within the following boundaries is a safety 
zone--the area within a radius of 1330 yards of Ammunition Island, 
centered on latitude 61[deg]07[min]28[sec] N, longitude 
146[deg]18[min]29[sec] W, (NAD 83) and the vessel moored or anchored at 
Ammunition Island.
    (b) The area 200 yards off the vessel navigating the Vessel Traffic 
system from abeam of Naked Island, maneuvering to approach, moor, unmoor 
at Ammunition Island, or the departure of the vessel from Ammunition 
Island.
    (c) Special regulation. (1) Section 165.23 does not apply to 
paragraph (a) of this section, except when the vessel is moored to 
Ammunition Island.
    (d) Effective August 25, 1987 Notice of vessels arrival will be made 
in the Notice to Mariners, Local Notice to Mariners and in the Local 
Valdez news-paper, prior to the vessel arrival.

[52 FR 30671, Aug. 17, 1987, as amended by USCG-1998-3799, 63 FR 35533, 
June 30, 1998; COTP Prince William Sound 02-010, 67 FR 45313, July 9, 
2002]



Sec. 165.1704  Prince William Sound, Alaska-regulated navigation area.

    (a) The following is a regulated navigation area: 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[deg]30[min] W. and 147[deg]20[min] W. and includes 
Valdez Arm, Valdez Narrows, and Port Valdez.
    (b) Within the regulated navigation area described in paragraph (a) 
of this section, Sec. 161.60 of this chapter establishes a VTS Special 
Area for the waters of Valdez Arm, Valdez Narrows, and Port Valdez 
northeast of a line bearing 307[deg] True from Tongue Point at 
61[deg]02[min]06[sec] N., 146[deg]40[min] W.; and southwest of

[[Page 792]]

a line bearing 307[deg] True from Entrance Island Light at 
61[deg]05[min]06[sec] N., 146[deg]36[min]42[sec] W.
    (c) Regulations. In addition to the requirements set forth in Sec. 
161.13 and Sec. 161.60(c) of this chapter, a tank vessel of 20,000 
deadweight tons or more that intends to navigate within the regulated 
navigation area must:
    (1) Report compliance with part 164 of this chapter, to the Vessel 
Traffic Center (VTC);
    (2) Have at least two radiotelephones capable of operating on the 
designated VTS frequency, one of which is capable of battery operation;
    (3) When steady wind conditions in the VTS Special Area or Port 
Valdez exceed, or are anticipated to exceed 40 knots, proceed as 
directed by the VTC (entry into the VTS Special Area and Port Valdez is 
prohibited);
    (4) When transiting the VTS Special Area, limit speed to 12 knots;
    (5) If laden and intending to navigate the VTS Special Area, limit 
speed to 12 knots except between Middle Rock and Potato Point where the 
speed limit shall be 6 knots; and
    (6) Until December 31, 2004, have an operating Automatic 
Identification System Shipborne Equipment (AISSE) system installed.
    (i) The designated digital selective calling frequency (DSC) in 
Prince William Sound is 156.525MHz (VHF Channel 70).
    (ii) AISSE equipped vessels will not be required to make voice radio 
position reports at designated reporting points required by Sec. 
161.20(b), unless otherwise directed by the VTC.
    (iii) Whenever a vessel's AISSE becomes non-operational, as defined 
in Sec. 164.43(c) of this chapter, before entering or while underway in 
the VTS area, a vessel must:
    (A) Notify the VTC;
    (B) Make the required voice radio position reports as set forth in 
Sec. 161.60 and required by Sec. 161.20(b) of this chapter;
    (C) Make other voice radio reports as required by the VTS; and
    (D) Restore the AISSE to operating condition as soon as possible.
    (iv) Whenever a vessel's AISSE becomes non-operational due to a loss 
of position correction information (i.e., the U.S. Coast Guard dGPS 
system cannot provide the required error correction messages) a vessel 
must:
    (A) Make the required voice radio position reports as set forth in 
Sec. 161.60 and required by Sec. 161.20(b) of this chapter; and
    (B) Make other voice radio reports as required by the VTS.
    (v) Whenever a vessel's AISSE becomes non-operational before getting 
underway in the VTS area, permission to get underway must be obtained 
from the VTC.

    Note: Regulations pertaining to Automatic Identification System 
Shipborne Equipment (AISSE) required capabilities are set forth in Part 
164 of this chapter.

[CGD 90-020, 59 FR 36335, July 15, 1994, as amended by CGD 95-033, 60 FR 
28333, May 31, 1995; CGD 97-023, 62 FR 33365, June 19, 1997; USCG-1998-
3799, 63 FR 35533, June 30, 1998; USCG-2003-14757, 68 FR 39368, July 1, 
2003; USCG-2003-14757, 68 FR 60570, Oct. 22, 2003]



Sec. 165.1706  Gastineau Channel, Juneau, Alaska--Safety Zone.

    (a) Location. The following area is a safety zone: the waters in 
Juneau Harbor within a 300 yard radius of the vessel or waterfront 
facility located at 58[deg]17[min]41[sec] N, 134[deg]24[min]22[sec] W 
used to conduct fireworks displays.
    (b) Effective date. The safety zone becomes effective on July 3 each 
year at 10 p.m. ADT. It terminates at the conclusion of the fireworks 
display at approximately 2:30 a.m. ADT on July 5 each year, unless 
sooner terminated by the Captain of the Port. If the fireworks display 
is postponed because of inclement weather, the date and duration of the 
safety zone will be announced in the Local Notices to Mariners.
    (c) Regulation. In accordance with the general regulations in Sec. 
165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port, Southeast Alaska.

[59 FR 31934, June 21, 1994, as amended by COTP Southeast Alaska 00-018, 
65 FR 81363, Dec. 26, 2000]



Sec. 165.1708  Tongass Narrows, Ketchikan, Alaska--Safety Zone.

    (a) Location. The following area is a safety zone: the waters in 
Tongass Narrows within a 300 yard radius of the

[[Page 793]]

barge located at 55[deg]20[min]32[sec] N, 131[deg]39[min]40[sec] W used 
to conduct fireworks displays.
    (b) Effective date. The safety zone becomes effective on July 3 each 
year at 10 p.m. ADT. It terminates at the conclusion of the fireworks 
display at approximately 2:30 a.m. ADT on July 5 each year, unless 
sooner terminated by the Captain of the Port. If the fireworks display 
is postponed because of inclement weather, the date and duration of the 
safety zone will be announced in the Local Notices to Mariners.
    (c) Regulation. In accordance with the general regulations in Sec. 
165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port, Southeast Alaska.

[59 FR 31933, June 21, 1994, as amended at 65 FR 81362, Dec. 26, 2000]



Sec. 165.1709  Security Zones: Liquefied Natural Gas Tanker Transits 
and Operations at Phillips Petroleum LNG Pier, Cook Inlet, AK.

    (a) Location. The following areas are established as security zones 
during the specified conditions:
    (1) All navigable waters within a 1000-yard radius of the Liquefied 
Natural Gas (LNG) tankers during their inbound and outbound transits 
through Cook Inlet, Alaska between the Phillips Petroleum LNG Pier, 
60[deg]40[min]43[sec] N and 151[deg]24[min]10[sec] W, and the Homer 
Pilot Station at 59[deg]34[min]86[sec] N and 151[deg]25[min]74[sec] W. 
On the inbound transit, this security zone remains in effect until the 
tanker is alongside the Phillips Petroleum LNG Pier, 
60[deg]40[min]43[sec] N and 151[deg]24[min]10[sec] W.
    (2) All navigable waters within a 1000-yard radius of the Liquefied 
Natural Gas tankers while they are moored at Phillips Petroleum LNG 
Pier, 60[deg]40[min]43[sec] N and 151[deg]24[min]10[sec] W.
    (b) Special Regulations. (1) For the purpose of this section, the 
general regulations contained in 33 CFR 165.33 apply to all but the 
following vessels in the areas described in paragraph (a):
    (i) Vessels scheduled to moor and offload or load cargo at other 
Nikiski marine terminals that have provided the Coast Guard with an 
Advance Notice of Arrival.
    (ii) Commercial fishing vessels, including drift net and set net 
vessels, fishing from the waters within the zone, if
    (A) The owner of the vessel has previously requested approval from 
the Captain of the Port representative, Marine Safety Detachment Kenai, 
Alaska, to fish in the security zone and
    (B) Has provided the Captain of the Port representative, Marine 
Safety Detachment Kenai, Alaska current information about the vessel, 
including:
    (1) The name and/or the official number, if documented, or state 
number, if numbered by a state issuing authority;
    (2) A brief description of the vessel, including length, color, and 
type of vessel;
    (3) The name, Social Security number, current address, and telephone 
number of the vessel's master, operator or person in charge; and
    (4) Upon request, information on the vessel's crew.
    (C) A vessel owner or operator is required to submit the information 
one time, but shall provide the Captain of the Port representative 
updated information when any part of it changes.
    (D) The Captain of the Port must approve a vessel's request prior to 
being allowed into the security zone at the Phillips Petroleum LNG Pier.
    (E) 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.
    (2) All persons and vessels shall comply with the instructions of 
the Captain of the Port representative or the designated on-scene patrol 
personnel. These personnel are comprised of 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.
    (3) The Marine Safety Detachment Kenai, Alaska will notify the 
maritime community of these security zones by publishing a Local Notice 
to Mariners and via a bimonthly marine Broadcast Notice to Mariners.

[COTP 02-001, 67 FR 44059, July 1, 2002]

[[Page 794]]



                  Subpart G_Protection of Naval Vessels

    Authority: 14 U.S.C. 91 and 633; 49 CFR 1.45.

    Source: LANT AREA-02-001, 67 FR 31960, May 13, 2002, unless 
otherwise noted.



Sec. 165.2010  Purpose.

    This subpart establishes the geographic parameters of naval vessel 
protection zones surrounding U.S. naval vessels in the navigable waters 
of the United States. This subpart also establishes when the U.S. Navy 
will take enforcement action in accordance with the statutory guidelines 
of 14 U.S.C. 91. Nothing in the rules and regulations contained in this 
subpart shall relieve any vessel, including U.S. naval vessels, from the 
observance of the Navigation Rules. The rules and regulations contained 
in this subpart supplement, but do not replace or supercede, any other 
regulation pertaining to the safety or security of U.S. naval vessels.



Sec. 165.2015  Definitions.

    The following definitions apply to this subpart:
    Atlantic Area means that area described in 33 CFR 3.04-1 Atlantic 
Area.
    Large U.S. naval vessel means any U.S. naval vessel greater than 100 
feet in length overall.
    Naval defensive sea area means those areas described in 32 CFR part 
761.
    Naval vessel protection zone is a 500-yard regulated area of water 
surrounding large U.S. naval vessels that is necessary to provide for 
the safety or security of these U.S. naval vessels.
    Navigable waters of the United States means those waters defined as 
such in 33 CFR part 2.
    Navigation rules means the Navigation Rules, International-Inland.
    Official patrol means those personnel designated and supervised by a 
senior naval officer present in command and tasked to monitor a naval 
vessel protection zone, permit entry into the zone, give legally 
enforceable orders to persons or vessels within the zone, and take other 
actions authorized by the U.S. Navy.
    Pacific Area means that area described in 33 CFR 3.04-3 Pacific 
Area.
    Restricted area means those areas established by the Army Corps of 
Engineers and set out in 33 CFR part 334.
    Senior naval officer present in command is, unless otherwise 
designated by competent authority, the senior line officer of the U.S. 
Navy on active duty, eligible for command at sea, who is present and in 
command of any part of the Department of Navy in the area.
    U.S. naval vessel means any vessel owned, operated, chartered, or 
leased by the U.S. Navy; any pre-commissioned vessel under construction 
for the U.S. Navy, once launched into the water; and any vessel under 
the operational control of the U.S. Navy or a Combatant Command.
    Vessel means every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water, except U.S. Coast Guard or U.S. naval vessels.



Sec. 165.2020  Enforcement authority.

    (a) Coast Guard. Any Coast Guard commissioned, warrant or petty 
officer may enforce the rules and regulations contained in this subpart.
    (b) Senior naval officer present in command. In the navigable waters 
of the United States, when immediate action is required and 
representatives of the Coast Guard are not present or not present in 
sufficient force to exercise effective control in the vicinity of large 
U.S. naval vessels, the senior naval officer present in command is 
responsible for the enforcement of the rules and regulations contained 
in this subpart to ensure the safety and security of all large naval 
vessels present. In meeting this responsibility, the senior naval 
officer present in command may directly assist any Coast Guard 
enforcement personnel who are present.



Sec. 165.2025  Atlantic Area.

    (a) This section applies to any vessel or person in the navigable 
waters of the United States within the boundaries of the U.S. Coast 
Guard Atlantic Area, which includes the First, Fifth, Seventh, Eighth 
and Ninth U.S. Coast Guard Districts.

    Note to Sec. 165.2025 paragraph (a): The boundaries of the U.S. 
Coast Guard Atlantic

[[Page 795]]

Area and the First, Fifth, Seventh, Eighth and Ninth U.S. Coast Guard 
Districts are set out in 33 CFR part 3.

    (b) A naval vessel protection zone exists around U.S. naval vessels 
greater than 100 feet in length overall at all times in the navigable 
waters of the United States, whether the large U.S. naval vessel is 
underway, anchored, moored, or within a floating drydock, except when 
the large naval vessel is moored or anchored within a restricted area or 
within a naval defensive sea area.
    (c) The Navigation Rules shall apply at all times within a naval 
vessel protection zone.
    (d) When within a naval vessel protection zone, all vessels shall 
operate at the minimum speed necessary to maintain a safe course, unless 
required to maintain speed by the Navigation Rules, and shall proceed as 
directed by the Coast Guard, the senior naval officer present in 
command, or the official patrol. When within a naval vessel protection 
zone, no vessel or person is allowed within 100 yards of a large U.S. 
naval vessel unless authorized by the Coast Guard, the senior naval 
officer present in command, or official patrol.
    (e) To request authorization to operate within 100 yards of a large 
U.S. naval vessel, contact the Coast Guard, the senior naval officer 
present in command, or the official patrol on VHF-FM channel 16.
    (f) When conditions permit, the Coast Guard, senior naval officer 
present in command, or the official patrol should:
    (1) Give advance notice on VHF-FM channel 16 of all large U.S. naval 
vessel movements; and
    (2) Permit vessels constrained by their navigational draft or 
restricted in their ability to maneuver to pass within 100 yards of a 
large U.S. naval vessel in order to ensure a safe passage in accordance 
with the Navigation Rules; and
    (3) Permit commercial vessels anchored in a designated anchorage 
area to remain at anchor when within 100 yards of passing large U.S. 
naval vessels; and
    (4) Permit vessels that must transit via a navigable channel or 
waterway to pass within 100 yards of a moored or anchored large U.S. 
naval vessel with minimal delay consistent with security.

    Note to Sec. 165.2025 paragraph (f): The listed actions are 
discretionary and do not create any additional right to appeal or 
otherwise dispute a decision of the Coast Guard, the senior naval 
officer present in command, or the official patrol.



Sec. 165.2030  Pacific Area.

    (a) This section applies to any vessel or person in the navigable 
waters of the United States within the boundaries of the U.S. Coast 
Guard Pacific Area, which includes the Eleventh, Thirteenth, Fourteenth, 
and Seventeenth U.S. Coast Guard Districts.
    Note to paragraph (a): The boundaries of the U.S. Coast Guard 
Pacific Area and the Eleventh, Thirteenth, Fourteenth, and Seventeenth 
U.S. Coast Guard Districts are set out in 33 CFR part 3.
    (b) A naval vessel protection zone exists around U.S. naval vessels 
greater than 100 feet in length overall at all times in the navigable 
waters of the United States, whether the large U.S. naval vessel is 
underway, anchored, moored, or within a floating dry dock, except when 
the large naval vessel is moored or anchored within a restricted area or 
within a naval defensive sea area.
    (c) The Navigation Rules shall apply at all times within a naval 
vessel protection zone.
    (d) When within a naval vessel protection zone, all vessels shall 
operate at the minimum speed necessary to maintain a safe course, unless 
required to maintain speed by the Navigation Rules, and shall proceed as 
directed by the Coast Guard, the senior naval officer present in 
command, or the official patrol. When within a naval vessel protection 
zone, no vessel or person is allowed within 100 yards of a large U.S. 
naval vessel unless authorized by the Coast Guard, the senior naval 
officer present in command, or official patrol.
    (e) To request authorization to operate within 100 yards of a large 
U.S. naval vessel, contact the Coast Guard, the senior naval officer 
present in command, or the official patrol on VHF-FM channel 16.
    (f) When conditions permit, the Coast Guard, senior naval officer 
present in command, or the official patrol should:

[[Page 796]]

    (1) Give advance notice on VHF-FM channel 16 of all large U.S. naval 
vessel movements;
    (2) Permit vessels constrained by their navigational draft or 
restricted in their ability to maneuver to pass within 100 yards of a 
large U.S. naval vessel in order to ensure a safe passage in accordance 
with the Navigation Rules; and
    (3) Permit commercial vessels anchored in a designated anchorage 
area to remain at anchor when within 100 yards of passing large U.S. 
naval vessels; and
    (4) Permit vessels that must transit via a navigable channel or 
waterway to pass within 100 yards of a moored or anchored large U.S. 
naval vessel with minimal delay consistent with security.

    Note to paragraph (f): The listed actions are discretionary and do 
not create any additional right to appeal or otherwise dispute a 
decision of the Coast Guard, the senior naval officer present in 
command, or the official patrol.

[PAC AREA-02-001, 67 FR 38394, June 4, 2002]



PART 166_SHIPPING SAFETY FAIRWAYS--Table of Contents




                            Subpart A_General

Sec.
166.100 Purpose.
166.103 Geographic coordinates.
166.105 Definitions.
166.110 Modification of areas.

        Subpart B_Designations of Fairways and Fairway Anchorages

166.200 Shipping safety fairways and anchorage areas, Gulf of Mexico.
166.300 Areas along the coast of California.
166.400 Areas along the coast of Alaska.
166.500 Areas along the Atlantic Coast.

    Authority: 33 U.S.C. 1223; 49 CFR 1.46.



                            Subpart A_General



Sec. 166.100  Purpose.

    The purpose of these regulations is to establish and designate 
shipping safety fairways and fairway anchorages to provide unobstructed 
approaches for vessels using U.S. ports.

[CGD 81-80a, 48 FR 30110, June 30, 1983]



Sec. 166.103  Geographic coordinates.

    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.

[CGD 86-082, 52 FR 33811, Sept. 8, 1987]



Sec. 166.105  Definitions.

    (a) Shipping safety fairway or fairway means a lane or corridor in 
which no artificial island or fixed structure, whether temporary or 
permanent, will be permitted. Temporary underwater obstacles may be 
permitted under certain conditions described for specific areas in 
Subpart B. Aids to navigation approved by the U.S. Coast Guard may be 
established in a fairway.
    (b) Fairway anchorage means an anchorage area contiguous to and 
associated with a fairway, in which fixed structures may be permitted 
within certain spacing limitations, as described for specific areas in 
Subpart B.

[CGD 81-80a, 48 FR 30110, June 30, 1983]



Sec. 166.110  Modification of areas.

    Fairways and fairway anchorages are subject to modification in 
accordance with 33 U.S.C. 1223(c); 92 Stat. 1473.

[CGD 81-80a, 48 FR 30110, June 30, 1983]



        Subpart B_Designations of Fairways and Fairway Anchorages



Sec. 166.200  Shipping safety fairways and anchorage areas, Gulf of 
Mexico.

    (a) Purpose. Fairways and anchorage areas as described in this 
section are established to control the erection of structures therein to 
provide safe approaches through oil fields in the Gulf of Mexico to 
entrances to the major ports along the Gulf Coast.
    (b) Special Conditions for Fairways in the Gulf of Mexico. Temporary 
anchors

[[Page 797]]

and attendant cables or chains attached to floating or semisubmersible 
drilling rigs outside a fairway may be placed within a fairway described 
in this section for the Gulf of Mexico, provide the following conditions 
are met:
    (1) Anchors installed within fairways to stablize semisubmersible 
drilling rigs shall be allowed to remain 120 days. This period may be 
extended by the Army Corps of Engineers, as provided by Sec. 
209.135(b).
    (2) Drilling rigs must be outside of any fairway boundary to 
whatever distance is necessary to ensure that the minimum depth of water 
over an anchor line within a fairway is 125 feet.
    (3) No anchor buoys or floats or related rigging will be allowed on 
the surface of the water or to a depth of at least 125 feet from the 
surface, within a fairway.
    (4) Aids to Navigation or danger markings must be installed as 
required by 33 CFR Subchapter C.
    (c) Special Conditions for Fairway Anchorages in the Gulf of Mexico. 
Structures may be placed within an area designated as a fairway 
anchorage, but the number of structures will be limited by spacing as 
follows:
    (1) The center of a structure to be erected shall not be less than 
two (2) nautical miles from the center of any existing structure.
    (2) In a drilling or production complex, associated structures 
connected by walkways shall be considered one structure for purposes of 
spacing, and shall be as close together as practicable having due 
consideration for the safety factors involved.
    (3) A vessel fixed in place by moorings and used in conjunction with 
the associated structures of a drilling or production complex, shall be 
considered an attendant vessel and the extent of the complex shall 
include the vessel and its moorings.
    (4) When a drilling or production complex extends more than five 
hundred (500) yards from the center, a new structure shall not be 
erected closer than two (2) nautical miles from the outer limit of the 
complex.
    (5) An underwater completion installation in an anchorage area shall 
be considered a structure and shall be marked with a lighted buoy 
approved by the United States Coast Guard under Sec. 66.01.
    (d) Designated Areas. (1) Brazos Santiago Pass Safety Fairway. The 
areas between rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
 26[deg]03[min]27[Sec. 97[deg]08[min]36[sec]
 26[deg]02[min]57[Sec. 97[deg]07[min]11[sec]
 26[deg]02[min]06[Sec. 96[deg]57[min]24[sec]
 25[deg]58[min]54[Sec. 96[deg]19[min]00[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
 26[deg]04[min]27[Sec. 97[deg]08[min]36[sec]
 26[deg]04[min]58[Sec. 97[deg]07[min]07[sec]
 26[deg]04[min]12[Sec. 96[deg]59[min]30[sec]
 26[deg]04[min]00[Sec. 96[deg]57[min]24[sec]
 26[deg]00[min]54[Sec. 96[deg]19[min]00[sec]
------------------------------------------------------------------------

    (2) Brazos Santiago Pass Anchorage Areas. The areas enclosed by 
rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
 26[deg]02[min]57[Sec. 97[deg]07[min]11[sec]
 26[deg]02[min]06[Sec. 96[deg]57[min]24[sec]
 25[deg]58[min]54[Sec. 96[deg]57[min]24[sec]
 25[deg]58[min]54[Sec. 97[deg]07[min]18[sec]
 26[deg]02[min]57[Sec. 97[deg]07[min]11[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
 26[deg]04[min]58[Sec. 97[deg]07[min]07[sec]
 26[deg]09[min]00[Sec. 97[deg]07[min]00[sec]
 26[deg]09[min]00[Sec. 96[deg]59[min]30[sec]
 26[deg]04[min]12[Sec. 96[deg]59[min]30[sec]
 26[deg]04[min]58[Sec. 97[deg]07[min]07[sec]
------------------------------------------------------------------------

    (3) Port Mansfield Safety Fairway. The area between a rhumb line 
joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
 26[deg]33[min]39[Sec. 97[deg]16[min]04[sec]
 26[deg]33[min]43[Sec. 97[deg]14[min]38[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
 26[deg]34[min]04[Sec. 97[deg]16[min]05[sec]
 26[deg]34[min]40[Sec. 97[deg]15[min]47[sec]
 26[deg]34[min]43[Sec. 97[deg]14[min]40[sec]
------------------------------------------------------------------------

    (4) Aransas Pass Safety Fairway. The area between rhumb lines 
joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
 27[deg]49[min]21[Sec. 97[deg]02[min]08[sec]
 27[deg]48[min]11[Sec. 97[deg]01[min]06[sec]

[[Page 798]]

 
 27[deg]46[min]26[Sec. 96[deg]57[min]40[sec]
 27[deg]45[min]14[Sec. 96[deg]55[min]26[sec]
 27[deg]44[min]09[Sec. 96[deg]53[min]25[sec]
 27[deg]42[min]47[Sec. 96[deg]51[min]39[sec]
 27[deg]39[min]24[Sec. 96[deg]48[min]26[sec]
 27[deg]21[min]59[Sec. 96[deg]11[min]42[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
 27[deg]50[min]15[Sec. 97[deg]01[min]32[sec]
 27[deg]49[min]54[Sec. 96[deg]59[min]56[sec]
 27[deg]45[min]22[Sec. 96[deg]51[min]19[sec]
 27[deg]44[min]35[Sec. 96[deg]48[min]31[sec]
 27[deg]43[min]49[Sec. 96[deg]45[min]47[sec]
 27[deg]35[min]17[Sec. 96[deg]27[min]46[sec]
 27[deg]33[min]33[Sec. 96[deg]24[min]06[sec]
 27[deg]25[min]53[Sec. 96[deg]07[min]56[sec]
------------------------------------------------------------------------


separated by areas enclosed by rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
 27[deg]41[min]10[Sec. 96[deg]47[min]23[sec]
 27[deg]34[min]50[Sec. 96[deg]34[min]01[sec]
 27[deg]34[min]59[Sec. 96[deg]31[min]56[sec]
 27[deg]42[min]03[Sec. 96[deg]46[min]51[sec]
 27[deg]41[min]10[Sec. 96[deg]47[min]23[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
 27[deg]33[min]06[Sec. 96[deg]30[min]21[sec]
 27[deg]23[min]33[Sec. 96[deg]10[min]12[sec]
 27[deg]24[min]19[Sec. 96[deg]09[min]26[sec]
 27[deg]33[min]15[Sec. 96[deg]28[min]16[sec]
 27[deg]33[min]06[Sec. 96[deg]30[min]21[sec]
------------------------------------------------------------------------

    (5) Aransas Pass Anchorage Areas. The areas enclosed by rhumb lines 
joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
 27[deg]49[min]54[Sec. 96[deg]59[min]56[sec]
 27[deg]45[min]22[Sec. 96[deg]51[min]19[sec]
 27[deg]51[min]46[Sec. 96[deg]40[min]12[sec]
 27[deg]53[min]36[Sec. 96[deg]56[min]30[sec]
 27[deg]49[min]54[Sec. 96[deg]59[min]56[sec]
------------------------------------------------------------------------


and rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
 27[deg]45[min]14[Sec. 96[deg]55[min]26[sec]
 27[deg]43[min]00[Sec. 96[deg]55[min]27[sec]
 27[deg]44[min]09[Sec. 96[deg]53[min]25[sec]
 27[deg]45[min]14[Sec. 96[deg]55[min]26[sec]
------------------------------------------------------------------------

    (6) Matagorda Entrance Safety Fairway. The areas between rhumb lines 
joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
 28[deg]24[min]50[Sec. 96[deg]19[min]38[sec]
 28[deg]22[min]16[Sec. 96[deg]17[min]40[sec]
 28[deg]14[min]48[Sec. 96[deg]09[min]42[sec]
 28[deg]11[min]24[Sec. 96[deg]06[min]06[sec]
 28[deg]10[min]06[Sec. 96[deg]04[min]42[sec]
 27[deg]38[min]02[Sec. 95[deg]49[min]39[sec]
------------------------------------------------------------------------


with rhumb lines joining points at:

------------------------------------------------------------------------
              Latitude                            Longitude
--------------------------