1625-0023 Stat/Auth

§ 165.802

33 CFR Ch. I (7–1–14 Edition)

§ 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.

wreier-aviles on DSK5TPTVN1PROD with CFR

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

§ 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

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Coast Guard, DHS

§ 165.803

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
11⁄4 inch. Chain or line used between the
upstream end of a barge and a mooring
device must be at least equivalent in
strength to 11⁄4 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; bargeto-vessel; barge-to-wharf or pier. The
person in charge shall ensure that a
barge moored to another barge, a
mooring or spar barge, a vessel, a
wharf, or a pier, is secured as near as
practicable to each abutting corner of
the barge being moored by:
(1) Three parts of wire rope of at
least 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 submission 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

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§ 165.804

33 CFR Ch. I (7–1–14 Edition)

(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
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]

§ 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° true from the
northwesternmost point of Snake Island.

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