Statutory Regulation

§ 165.100

33 CFR Ch. I (7–1–11 Edition)

and end at 2 p.m. with notice of the enforcement of this safety zone to be
made by all means to affect the widest
publicity among the affected segments
of the public, including publication of a
Notice of Enforcement in the FEDERAL
REGISTER, in the Local Notice to Mariners, and in the Safety Marine Information Broadcast.
(b) Regulations. (1) In accordance with
the general regulations in Section
165.23 of this part, entry into,
transiting or anchoring within this
regulated area is prohibited unless authorized by the COTP Boston, or his
designated on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be permitted by the COTP Boston or the designated on-scene representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Boston is any
Coast Guard commissioned, warrant, or
petty officer who has been designated
by the Captain of the Port Boston to
act on his behalf. The on-scene representative will be aboard either a
Coast Guard or Coast Guard Auxiliary
vessel. The COTP or the designated on
scene representative may be contacted
by telephone at 617–223–5750 or on VHF
Channel 16.
(4) Persons and vessels desiring to
enter, transit through, anchor in, or remain within the regulated area may do
so if they obtain permission from the
COTP or the designated representative
by contacting the COTP Sector Boston
by telephone at 617–223–5750 or VHF
radio channel 16.

rfrederick on DSK29S0YB1PROD with CFR

EFFECTIVE DATE NOTE: By USCG–2010–0992,
76 FR 19701, April 8, 2011, temporary § 165.T01–
0992 was added, effective May 9, 2011 to October 5, 2011.

§ 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 2.36, 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. Singlehull 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) and paragraph 5 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 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 time a vessel may be
operating in a Hazardous Vessel Operating Condition as defined in § 161.2 of
this Chapter.
(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

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Coast Guard, DHS

§ 165.100

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).
(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 portspecific 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°5′ North and east of longitude 70°25′ West; or
(ii) The waters of Fishers Island
Sound east of longitude 72°2′ West, and
west of longitude 71°55′ West.
(5) Special Buzzards Bay regulations.
(i) For the purposes of this section,
‘‘Buzzards Bay’’ is the body of water
east and north of a line drawn from the
southern tangent of Sakonnet Point,
Rhode Island, in approximate position
latitude 41°–27.2′ North, longitude 70°–
11.7′ West, to the Buzzards Bay Entrance Light in approximate position

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§ 165.101

33 CFR Ch. I (7–1–11 Edition)

latitude 41°–23.5′ North, longitude 71°–
02.0′ West, and then to the southwestern tangent of Cuttyhunk Island,
Massachusetts, at approximate position latitude 41°–24.6′ North, longitude
70°–57.0′ West, and including all of the
Cape Cod Canal to its eastern entrance,
except that the area of New Bedford
harbor within the confines (north) of
the hurricane barrier, and the passages
through the Elizabeth Islands, is not
considered to be ‘‘Buzzards Bay’’.
(ii) Additional positive control for
barges. Except as provided in paragraph
(d)(1)(iii) of this section, each single
hull tank barge transiting Buzzards
Bay and carrying 5,000 or more barrels
of oil or other hazardous material
must, in addition to its primary tug, be
accompanied by an escort 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 tow line;
(C) A loss of tow;
(D) A fire;
(E) Grounding;
(F) A loss of steering; or
(G) Any other time a vessel may be
operating in a Hazardous Vessel Operating Condition as defined in § 161.2 of
this subchapter.
(iii) Federal pilotage. Each single hull
tank barge transiting Buzzards Bay
and carrying 5,000 or more barrels of oil
or other hazardous material must be
under the direction and control of a
pilot, who is not a member of the crew,
operating under a valid, appropriately
endorsed, Federal first class pilot’s license issued by the Coast Guard (‘‘federally licensed pilot’’). Pilots are required to embark, direct, and control
from the primary tug during transits of
Buzzards Bay.
(iv) In addition to the vessels denoted
in § 161.16 of this chapter, requirements
set forth in subpart B of 33 CFR part
161 also apply to any vessel transiting
VMRS Buzzards Bay required to carry
a bridge-to-bridge radiotelephone by
part 26 of this chapter.
(A) A VMRS Buzzards Bay user must:
(1) Not enter or get underway in the
area without first notifying the VMRS
Center;

(2) Not enter VMRS Buzzards Bay if a
Hazardous Vessel Operating Condition
or circumstance per § 161.2 of this Subchapter exists;
(3) If towing astern, do so with as
short a hawser as safety and good seamanship permits;
(4) Not meet, cross, or overtake any
other VMRS user in the area without
first notifying the VMRS center;
(5) 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 (33 U.S.C. 1602(c)) or the Inland Navigation Rules (33 U.S.C. 2005).
(B) [Reserved]
(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;
CGD01–04–133, 72 FR 50058, Aug. 30, 2007; 72
FR 70780, Dec. 13, 2007; USCG–2008–0179, 73 FR
35016, June 19, 2008]

§ 165.101 Kittery,
navigation area.

Maine—regulated

(a) The following is a regulated navigation area—Waters within the boundaries of a line beginning at 43°04′50″ N,
70°44′52″ W; then to 43°04′52″ N, 70°44′53″
W; then to 43°04′59″ N, 70°44′46″ W; then
to 43°05′05″ N, 70°44′32″ W; then to
43°05′03″ N, 70°44′30″ W; then to the beginning point.
(b) Regulations. No vessel may operate in this area at a speed in excess of
five miles per hour.
§ 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°20.4′ North, Iongitude 070°28.0′ West;
thence to a point approximately 500

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