1625-0043 Stat/Authority

CFR-2009-title33-vol2-chapI-subchapP.pdf

Ports and Waterways Safety -- Title 33 CFR Subchapter P

1625-0043 Stat/Authority

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SUBCHAPTER P—PORTS AND WATERWAYS SAFETY
terways Safety Act (33 U.S.C. 1221) and
related statutes.

PART 160—PORTS AND
WATERWAYS SAFETY—GENERAL
Subpart A—General
Sec.
160.1
160.3
160.5
160.7

Purpose.
Definitions.
Delegations.
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.

Subpart D—Crewmember Identification
160.300 Applicability.
160.305 Exceptions.
160.310 Definitions.
160.315 Crewmember identification requirement.
160.320 Sanctions and vessel control.
AUTHORITY: 33 U.S.C. 1223, 1231; 46 U.S.C.
Chapter 701; Department of Homeland Security Delegation No. 0170.1. Subpart C is also
issued under the authority of 33 U.S.C. 1225
and 46 U.S.C. 3715.
SOURCE: CGD 79–026, 48 FR 35404, Aug. 4,
1983, unless otherwise noted.

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Subpart A—General
§ 160.1 Purpose.
(a) This subchapter contains regulations implementing the Ports and Wa-

§ 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.

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§ 160.5

33 CFR Ch. I (7–1–09 Edition)

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.
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]

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§ 160.5

Delegations.

(a) District Commanders and Captains of the Ports are delegated the authority to establish safety zones.
(b) Under the provisions of §§ 6.04–1
and 6.04–6 of this chapter, District
Commanders and Captains of the Ports
have been delegated authority to establish security zones.
(c) Under the provisions of § 1.05–1 of
this chapter, District Commanders
have been delegated authority to establish regulated navigation areas.
(d) Subject to the supervision of the
cognizant Captain of the Port and District Commander, Commanding Officers, Vessel Traffic Services are dele-

gated 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]

§ 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 (e) 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

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§ 160.103

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
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, or
on behalf of, a District Commander, or
who receives an unfavorable ruling on
an appeal taken under paragraph (b) of
this section may appeal to the Area
Commander through the District Commander. The appeal must be in writing,
except as allowed under paragraph (e)
of this section, and shall contain complete supporting documentation and
evidence which the appellant wishes to
have considered. Upon receipt of the
appeal, the Area 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
Area Commander issues a ruling, in
writing, on the appeal. Prior to issuing
the ruling, the Area Commander may,
as a matter of discretion, allow oral
presentation on the issues.
(d) Any person who receives an unfavorable ruling on an appeal taken
under paragraph (c) of this section,
may appeal through the Area Commander to the Assistant Commandant
for Prevention (formerly known as 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 (e) of this section. The Area
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 (c) of this section was
made, and any comments which might
be relevant, to the Assistant Com-

mandant for Prevention. 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 Prevention. The decision
of the Assistant Commandant for Prevention is based upon the materials
submitted, without oral argument or
presentation. The decision of the Assistant Commandant for Prevention is
issued in writing and constitutes final
agency action.
(e) 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; USCG–
2006–25150, 71 FR 39211, July 12, 2006; 72 FR
17409, Apr. 9, 2007]

Subpart B—Control of Vessel and
Facility Operations
§ 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.
§ 160.103

Applicability.

(a) This subpart applies to any—
(1) Vessel on the navigable waters of
the United States, except as provided

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§ 160.105

33 CFR Ch. I (7–1–09 Edition)

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.
§ 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.

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§ 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.
§ 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 (in-

cluding 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]

§ 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 § 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.
§ 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

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§ 160.202

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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 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
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,
amended by CGD 96–026, 61 FR 33668, June
1996; USCG–1998–3799, 63 FR 35531, June
1998; USCG–2006–24371, 74 FR 11212, Mar.
2009]

as
28,
30,
16,

§ 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.

§ 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.
§ 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
U.S. recreational vessels under 46
U.S.C. 4301 et seq., but does apply to foreign recreational vessels.
(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

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33 CFR Ch. I (7–1–09 Edition)

only one NOA containing the information required for the towing vessel and
each barge under its control.
[USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as
amended by USCG–2004–19963, 70 FR 74669,
Dec. 16, 2005]

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§ 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
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 § 160.203,
paragraphs (d) and (e) were suspended, effective May 22, 2003.

§ 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

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§ 160.204

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).
(ix) Propylene oxide, alone or mixed
with ethylene oxide.
(9) The following bulk solids:
(i) Ammonium nitrate listed as a Division 5.1 (oxidizing) material in 49
CFR 172.101 that is not certain dangerous cargo residue (CDC residue).
(ii) Ammonium nitrate based fertilizer listed as a Division 5.1 (oxidizing) material in 49 CFR 172.101 that
is not CDC residue.
Certain dangerous cargo residue (CDC
residue) means ammonium nitrate in
bulk or ammonium nitrate based fertilizer in bulk remaining after all saleable cargo is discharged, not exceeding
1,000 pounds in total and not individually accumulated in quantities exceeding two cubic feet.
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 navi-

gation 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

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§ 160.206

33 CFR Ch. I (7–1–09 Edition)

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,
§ 160.206

but the charterer selects the ports of
destination.
[USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as
amended by USCG–2004–19963, 70 FR 74669,
Dec. 16, 2005]

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

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Required information

(1) Vessel Information:
(i) Name; ....................................................................................................
(ii) Name of the registered owner; .............................................................
(iii) Country of registry; ...............................................................................
(iv) Call sign; ..............................................................................................
(v) International Maritime Organization (IMO) international number or, if
vessel does not have an assigned IMO international number, substitute with official number; .....................................................................
(vi) Name of the operator; ..........................................................................
(vii) Name of the charterer; and .................................................................
(viii) Name of classification society ............................................................
(2) Voyage Information:
(i) Names of last five ports or places visited; ............................................
(ii) Dates of arrival and departure for last five ports or places visited; .....
(iii) For each port or place in the United States to be 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 visited, the estimated date and time of arrival; ..............................................................
(v) For each port or place in the United States to be visited, the estimated date and time of departure; .........................................................
(vi) The location (port or place and country) or position (latitude and longitude or waterway and mile marker) of the vessel at the time of reporting; and .............................................................................................
(vii) The name and telephone number of a 24-hour point of contact .......
(3) Cargo Information:
(i) A general description of cargo, other than CDC, onboard the vessel
(e.g.: grain, container, oil, etc.); .............................................................
(ii) Name of each certain dangerous cargo carried, including cargo UN
number, if applicable; and ......................................................................
(iii) Amount of each certain dangerous cargo carried ...............................
(4) Information for each Crewmember Onboard:
(i) Full name; ..............................................................................................
(ii) Date of birth; .........................................................................................
(iii) Nationality; ............................................................................................
(iv) Passport or mariners document number (type of identification and
number); .................................................................................................
(v) Position or duties on the vessel; and ...................................................
(vi) Where the crewmember embarked (list port or place and country) ...
(5) Information for each Person Onboard in Addition to Crew:
(i) Full name; ..............................................................................................
(ii) Date of birth; .........................................................................................
(iii) Nationality; ............................................................................................
(iv) Passport number; and .........................................................................
(v) Where the person embarked (list port or place and country) ..............
(6) Operational condition of equipment required by § 164.35 of this chapter ..
(7) International Safety Management (ISM) Code Notice:
(i) The date of issuance for the company’s Document of Compliance
certificate that covers the vessel; ...........................................................
(ii) The date of issuance for the vessel’s Safety Management Certificate;
and ..........................................................................................................

Vessels not
carrying CDC

Vessels

Towing vessels controlling
vessels carrying CDC

X
X
X
X

X
X
X
X

X
X
X
X

X
X
X
X

X
X
X
X

X
X
X
X

X
X

X
X

X
X

X

X

X

X

X

X

X

X

X

X
X

X
X

X
X

X

X

X

........................
........................

X
X

X
X

X
X
X

X
X
X

X
X
X

X
X
X

X
X
X

X
X
X

X
X
X
X
X
X

X
X
X
X
X
X

X
X
X
X
X
X

X

X

X

X

X

X

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Coast Guard, DHS

§ 160.210

TABLE 160.206—NOA INFORMATION ITEMS—Continued
Vessels carrying CDC
Required information

(iii) The name of the Flag Administration, or the recognized organization(s) representing the vessel flag administration, that issued those
certificates ...............................................................................................
(8) Cargo Declaration (Customs Form 1302) as described in 19 CFR 4.7 .....
(9) International Ship and Port Facility Code (ISPS) Notice *:
(i) The date of issuance for the vessel’s International Ship Security Certificate (ISSC), if any; .............................................................................
(ii) Whether the ISSC, if any, is an initial Interim ISSC, subsequent and
consecutive Interim ISSC, or final ISSC; ...............................................
(iii) Declaration that the approved ship security plan, if any, is being implemented; ..............................................................................................
(iv) If a subsequent and consecutive Interim ISSC, the reasons therefor;
(v) The name and 24-hour contact information for the Company Security
Officer; and .............................................................................................
(vi) The name of the Flag Administration, or the recognized security organization(s) representing the vessel flag Administration that issued
the ISSC. ................................................................................................

Vessels not
carrying CDC

Vessels

Towing vessels controlling
vessels carrying CDC

X
X

X
X

X
X

X

X

X

X

X

X

X
X

X
X

X
X

X

X

X

X

X

X

* 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.

(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
§ 160.208 of this part concerning requirements for changes to an NOA.

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[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 § 160.206, in
paragraph (a), item (8) in table 160.206 was
suspended, effective May 22, 2003.

§ 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 § 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.
§ 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, vessels must submit NOA
information required by § 160.206 (entries 1 through 9 in Table 160.206) to the
NVMC, United States Coast Guard, 408

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§ 160.212

33 CFR Ch. I (7–1–09 Edition)

Coast Guard Drive, Kearneysville, WV
25430, by:
(1) Electronic submission via the
electronic Notice of Arrival and Departure (eNOAD) and consisting of the following three formats:
(i) A Web site that can be used to
submit NOA information directly to
the NVMC, accessible from the NVMC
web site at http://www.nvmc.uscg.gov;
(ii) Electronic submission of Extensible Markup Language (XML) formatted documents via web service;
(iii) Electronic submission via Microsoft InfoPath; contact the NVMC at
[email protected] or by telephone at
1–800–708–9823 or 304–264–2502 for more
information;
(2) E-mail at [email protected].
Workbook
available
at
http://
www.nvmc.uscg.gov;
(3) Fax at 1–800–547–8724 or 304–264–
2684. Workbook available at http://
www.nvmc.uscg.gov; or,
(4) Telephone at 1–800–708–9823 or 304–
264–2502.
(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
(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.
[USCG–2002–11865, 68 FR 9543, Feb. 28, 2003; 68
FR 63735, Nov. 10, 2003, as amended by USCG–
2004–19963, 70 FR 74669, Dec. 16, 2005]
EFFECTIVE DATE NOTE: By USCG–2002–
11865, 68 FR 27908, May 22, 2003, in § 160.210,
the last sentence of paragraph (b), the last
sentence of paragraph (c), and paragraph (d)
were suspended, effective May 22, 2003.

§ 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.
(ii) Less than 96
hours.

At least 96 hours before entering the
port or place of destination; or
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:

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Coast Guard, DHS

§ 160.310

If your remaining
voyage time is—

Then you must submit changes to an
NOA—

§ 160.215 Notice of hazardous conditions.

(i) 96 hours or
more;.

As soon as practicable but at least 24
hours before entering the port or place
of destination;
As soon as practicable but at least 24
hours before entering the port or place
of destination; or

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 Sector Office or
Group Office. (Compliance with this
section does not relieve responsibility
for the written report required by 46
CFR 4.05–10.)

(ii) Less than 96
hours but not
less than 24
hours; 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
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 § 160.212,
paragraph (c) was suspended, effective May
22, 2003.

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§ 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.

[USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as
amended by USCG–2006–25556, 72 FR 36328,
July 2, 2007]

Subpart D—Crewmember
Identification
SOURCE: USCG–2007–28648, 74 FR 19140, Apr.
28, 2009, unless otherwise noted.

§ 160.300

Applicability.

(a) This subpart applies to crewmembers on the following vessels in
the navigable waters of the United
States en route to a U.S. port or place
of destination or at a U.S. port or
place:
(1) A foreign vessel engaged in commercial service, and
(2) A U.S. vessel engaged in commercial service and coming from a foreign
port or place of departure.
(b) This subpart also applies to the
operators of the vessels listed in paragraph (a) of this section.
§ 160.305

Exceptions.

Requirements in this subpart do not
apply to crewmembers and operators
on a vessel bound for a U.S. port or
place of destination under force
majeure.
§ 160.310

Definitions.

As used in this subpart, and only for
purposes of this supbpart—
Acceptable identification means a:
(1) Passport;
(2) U.S. Permanent Resident Card;
(3) U.S. merchant mariner document;
(4) U.S. merchant mariner credential;
(5) Transportation Worker Identification Credential (TWIC) issued by the
Transportation Security Administration under 49 CFR part 1572; or

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§ 160.315

33 CFR Ch. I (7–1–09 Edition)

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(6) Seafarer’s Identification Document (SID) issued by or under the authority of the government of a country
that has ratified the International
Labour Organization Seafarers’ Identity Documents Convention (Revised),
2003 (ILO 185), meeting all the requirements of ILO 185.
Commercial service means any type of
trade or business involving the transportation of goods or individuals, except service performed by a combatant
vessel.
Crewmember means all persons carried
onboard a vessel to provide: navigation
services; maintenance of the vessel, its
machinery, or systems; arrangements
essential for propulsion or safe navigation; or services for other persons onboard.
Foreign vessel means a vessel of foreign registry or operated under the authority of a country except the United
States.
Navigable waters of the United States
means the same as this term is defined
in 33 CFR 2.36(a). This includes a 12nautical-mile wide U.S. territorial sea
as measured from the baseline, U.S. internal waters subject to tidal influence, and certain U.S. internal waters
not subject to tidal influence.
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.
Passport means any travel document
issued by competent authority showing
the bearer’s origin, identity, and nationality if any, which is valid for the
admission of the bearer into a foreign
country.
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.
§ 160.315 Crewmember identification
requirement.
(a) A crewmember subject to this
subpart must carry and present on demand an acceptable identification. An
operator subject to this subpart must
ensure that every crewmember on the
vessel has an acceptable identification
in his or her possession when the vessel

is in the navigable waters of the United
States. For purposes of this section, a
crewmember may secure his or her acceptable identification with the vessel’s master, so long as the identification can be presented on demand.
(b) Compliance with the requirements in this section does not relieve
vessel crewmembers and operators of
any requirements under the Immigration and Nationality Act (INA) or INA
implementing regulations. Likewise,
compliance with INA requirements
does not relieve vessel crewmembers
and operators of the requirements in
this section.
§ 160.320

Sanctions and vessel control.

Failure to comply with this subpart
will subject the crewmember and operator to a civil penalty under 46 U.S.C.
70119 and the vessel to control under 33
U.S.C. 1223(b).

PART 161—VESSEL TRAFFIC
MANAGEMENT
Subpart A—Vessel Traffic Services
GENERAL RULES
Sec.
161.1
161.2
161.3
161.4
161.5

Purpose and Intent.
Definitions.
Applicability.
Requirement to carry the rules.
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).

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Coast Guard, DHS
161.23

§ 161.2

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, 70119; 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

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§ 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
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.
§ 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

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§ 161.3

33 CFR Ch. I (7–1–09 Edition)

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
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 re-

spond 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-toBridge 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]

§ 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.
§ 161.4

Requirement to carry the rules.

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

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Coast Guard, DHS

§ 161.12

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.

§ 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]

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SERVICES, VTS MEASURES, AND
OPERATING REQUIREMENTS
§ 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.
§ 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.
§ 161.12 Vessel
ments.

operating

(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.

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§ 161.12

33 CFR Ch. I (7–1–09 Edition)

(c) When not exchanging voice communications, a VTS User must maintain a listening watch as required by
§ 26.04(e) of this chapter on the VTS frequency designated in Table 161.12(c)
(VTS and VMRS Centers, Call Signs/
MMSI, Designated Frequencies, and
Monitoring Areas). In addition, the
VTS User must respond promptly when

hailed and communicate in the English
language.
NOTE TO § 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-toBridge 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
Center MMSI 1 Call Sign

Designated frequency (Channel designation)—purpose 2

Monitoring area 3,4

Berwick Bay 003669950—
Berwick Traffic ..........................

156.550 MHz (Ch. 11) ............

The waters south of 29°45′ N., west of 91°10′ W., north of
29°37′ N., and east of 91°18′ W.

Buzzards Bay
Buzzards Bay Control 5 ............

156.600 MHz (Ch. 12) ............

The waters east and north of a line drawn from the southern
tangent of Sakonnet Point, Rhode Island, in approximate
position latitude 41°–27.2′ N, longitude 70°–11.7′ W, to the
Buzzards Bay Entrance Light in approximate position latitude 41°–23.5′ N, longitude 71°–02.0′ W, and then to the
southwestern tangent of Cuttyhunk Island, Massachusetts,
at approximate position latitude 41°–24.6′ N, longitude 70°–
57.0′ W, and including all of the Cape Cod Canal to its
eastern entrance, except that the area of New Bedford harbor within the confines (north of) the hurricane barrier, and
the passages through the Elizabeth Islands, is not considered to be ‘‘Buzzards Bay’’.
The navigable waters north of 29° N., west of 94°20′ W.,
south of 29°49′ N., and east of 95°20′ W.
The navigable waters north of a line extending due west from
the southern most end of Exxon Dock #1 (20°43.37′ N.,
95°01.27′ W.).
The navigable waters south of a line extending due west from
the southern most end of Exxon Dock #1 (29°43.37′ N.,
95°01.27′ W.)

Houston-Galveston—
003669954.
Houston Traffic .........................

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Houston Traffic .........................

..................................................
156.550 MHz (Ch. 11) ............
156.250 Mhz (Ch. 5A)
—For Sailing Plans only
156.600 MHz (Ch. 12) ............
156.250 Mhz (Ch. 5A)
—For Sailing Plans only

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°42.3′ N., 118°17.6′ 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 6—
0036699952
New Orleans Traffic .................

156.700 MHz (Ch.14) ..............

New Orleans Traffic .................

156.600 MHz (Ch.12) ..............

The navigable waters of the Lower Mississippi River below
30°38.7′ N., 91°17.5′ W. (Port Hudson Light at 255 miles
Above Head of Passes (AHP)), the Southwest Pass, and,
within a 12 nautical miles radius around 28°54.3′ N.,
89°25.7′ W. (Southwest Pass Entrance Light at 19.9 miles
Below Head of Passes).
New Orleans Sector. The navigable waters of the Lower Mississippi River bounded on the north by a line drawn perpendicularly at 29°56.4′ N., 90°08.36′ W. and on the south
by a line drawn perpendicularly at 29°56.24′ N., 89°59.86′
W. (88 and 106 miles AHP).

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Coast Guard, DHS

§ 161.12

TABLE 161.12(C)—VTS AND VMRS CENTERS, CALL SIGNS/MMSI, DESIGNATED FREQUENCIES, AND
MONITORING AREAS—Continued
Center MMSI 1 Call Sign

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New York—003669951
New York Traffic ......................

Designated frequency (Channel designation)—purpose 2

Monitoring area 3,4

156.550 MHz (Ch. 11) ............
—For Sailing Plans only
156.600 MHz (Ch. 12)
—For vessels at anchor

The area consists of the navigable waters of the Lower New
York Bay bounded on the east by a line drawn from Norton
Point to Breezy Point; on the south by a line connecting
the entrance buoys at the Ambrose Channel, Swash Channel, and Sandy Hook Channel to Sandy Hook Point; and
on the southeast including the waters of Sandy Hook Bay
south to a line drawn at latitude 40° 25′ N; then west in the
Raritan Bay to the Raritan River Railroad Bridge, then
north into waters of the Arthur Kill and Newark Bay to the
Lehigh Valley Draw Bridge at latitude 40° 41.9N; 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° 43.7′ N, longitude 74° 01.6′ W, in the Hudson River; and then continuing east including the waters of the East River to the
Throgs Neck Bridge, excluding the Harlem River.
The navigable waters of the Lower New York Bay west of a
line drawn from Norton Point to Breezy Point; and north of
a line connecting the entrance buoys of Ambrose Channel,
Swash Channel, and Sandy Hook Channel, to Sandy Hook
Point; on the southeast including the waters of the Sandy
Hook Bay south to a line drawn at latitude 40° 25′ 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°
42.40′ N (Brooklyn Bridge) and 40° 43.70′ N (Holland Tunnel Ventilator Shaft); west through the KVK into the Arthur
Kill north of 40° 38.25′ N (Arthur Kill Railroad Bridge); then
north into the waters of the Newark Bay, south of 40°
41.95′ N (Lehigh Valley Draw Bridge).
The navigable waters of the Raritan Bay south to a line
drawn at latitude 40° 26′ N; then west of a line drawn from
Great Kills Light south through the Raritan Bay East Reach
LGB #14 to Point Comfort, NJ; then west to the Raritan
River Railroad Bridge; and north including the waters of the
Arthur Kill to 40° 28.25′ N (Arthur Kill Railroad Bridge); including the waters of the East River north of 40° 42.40′ N
(Brooklyn Bridge) to the Throgs Neck Bridge, excluding the
Harlem River.

New York Traffic ......................

156.700 MHz (Ch. 14) ............

New York Traffic ......................

156.600 MHz (Ch. 12) ............

Port Arthur 6—003669955
Sabine Traffic ...........................

To be determined ....................

The navigable waters south of 30°10′ N., east of 94°20′ W.,
west of 93°22′ W, and, north of 29° 10′ N.

Prince William Sound—
003669958
Valdez Traffic ...........................

156.650 MHz (Ch. 13) ............

The navigable waters south of 61°05′ N., east of 147°20′ W.,
north of 60° N., and west of 146°30′ W.; and, all navigable
waters in Port Valdez.

Puget Sound 7
Seattle Traffic—003669957 .....

156.700 MHz (Ch. 14) ............

Seattle Traffic—003669957 .....

156.250 MHz (Ch. 5A) ............

Tofino Traffic—003160012 .......

156.725 MHz (Ch. 74) ............

The waters of Puget Sound, Hood Canal and adjacent waters
south of a line connecting Nodule Point and Bush 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.
The waters of the Strait of Juan de Fuca east of 124°40′ 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°52′ W.; the San
Juan Island Archipelago, Rosario Strait, Bellingham Bay;
Admiralty Inlet north of a line connecting Nodule Point and
Bush Point and all waters east of Whidbey Island North of
a line drawn due east from the southernmost tip of Possession Point on Whidbey Island to the shoreline.
The waters west of 124°40′ W. within 50 nautical miles of the
coast of Vancouver Island including the waters north of 48°
N., and east of 127° W.

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§ 161.12

33 CFR Ch. I (7–1–09 Edition)

TABLE 161.12(C)—VTS AND VMRS CENTERS, CALL SIGNS/MMSI, DESIGNATED FREQUENCIES, AND
MONITORING AREAS—Continued
Center MMSI 1 Call Sign

Designated frequency (Channel designation)—purpose 2

Monitoring area 3,4

Victoria Traffi—003160010 ......

156.550 MHz (Ch. 11) ............

The waters of the Strait of Georgia west of 122°52′ 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) ............

San Francisco Traffic ...............

156.600 MHz (Ch. 12) ............

The navigable waters of the San Francisco Offshore Precautionary Area, the navigable waters shoreward of the
San Francisco Offshore Precautionary Area east of
122°42.0′ W. and north of 37°40.0′ 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.
The navigable waters within a 38 nautical mile radius of
Mount Tamalpais (37°55.8′ N., 122°34.6′ W.) west of
122°42.0′ W. and south of 37°40.0′ 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°57′ N. (De
Tour Reef Light) and 46°38.7′ N. (lle Parisienne Light), except the St. Marys Falls Canal and those navigable waters
east of a line from 46°04.16′ N. and 46°01.57′ N. (La
Pointe to Sims Point in Potagannissing Bay and Worsley
Bay).

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NOTES:
1 Maritime Mobile Service Identifier (MMSI) is a unique nine-digit number assigned that identifies ship stations, ship earth stations, coast stations, coast earth stations, and group calls for use by a digital selective calling (DSC) radio, an INMARSAT ship
earth station or AIS. AIS requirements are set forth in §§ 161.21 and 164.46 of this subchapter. The requirements set forth in
§§ 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 In addition to the vessels denoted in Section 161.16 of this chapter, requirements set forth in subpart B of 33 CFR part 161
also apply to any vessel transiting VMRS Buzzards Bay required to carry a bridge-to-bridge radiotelephone by part 26 of this
chapter.
6 Until 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 §§ 161.21 and 164.46 of this subchapter.
7 A Cooperative Vessel Traffic Service was established by the United States and Canada within adjoining waters. The appropriate Center administers the rules issued by both nations; however, enforces only its own set of rules within its jurisdiction.
Note, the bridge-to-bridge navigational frequency, 156.650 MHz (Ch. 13), is not so designated in Canadian waters, therefore
users are encouraged and permitted to make passing arrangements on the designated monitoring frequencies.

(d) As soon as is practicable, a VTS
User shall notify the VTS of any of the
following:
(1) A marine casualty as defined in 46
CFR 4.05–1;
(2) Involvement in the ramming of a
fixed or floating object;
(3) A pollution incident as defined in
§ 151.15 of this chapter;
(4) A defect or discrepancy in an aid
to navigation;
(5) A hazardous condition as defined
in § 160.203 of this chapter;
(6) Improper operation of vessel
equipment required by Part 164 of this
chapter;

(7) A situation involving hazardous
materials for which a report is required
by 49 CFR 176.48; and
(8) A hazardous vessel operating condition as defined in § 161.2.
[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;
CGD01–04–133, 72 FR 50058, Aug. 30, 2007; 72
FR 70780, Dec. 13, 2007; USCG–2008–0179, 73 FR
35016, June 19, 2008]

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Coast Guard, DHS

§ 161.18

§ 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
§ 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]

§ 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]

§ 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]

§ 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);

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TABLE 161.18(a)—THE IMO STANDARD SHIP REPORTING SYSTEM
A

ALPHA .........................

Ship ..............................

B

BRAVO ........................

Dates and time of event

C

CHARLIE .....................

Position ........................

Name, call sign or ship station identity, and
flag.
A 6 digit group giving day of month (first two
digits), hours and minutes (last four digits). If
other than UTC state time zone used.
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.

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33 CFR Ch. I (7–1–09 Edition)

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TABLE 161.18(a)—THE IMO STANDARD SHIP REPORTING SYSTEM—Continued
D

DELTA .........................

Position ........................

E
F

ECHO ...........................
FOXTROT ....................

G
H

GOLF ...........................
HOTEL .........................

I

INDIA ...........................

J

JULIET .........................

True course ..................
Speed in knots and
tenths of knots.
Port of Departure .........
Date, time and point of
entry system.
Destination and expected time of arrival.
Pilot ..............................

K

KILO .............................

L
M

LIMA .............................
MIKE ............................

N
O

NOVEMBER .................
OSCAR ........................

P

PAPA ...........................

Q

QUEBEC ......................

R

ROMEO .......................

S

SIERRA ........................

T

TANGO ........................

U

UNIFORM ....................

V
W

VICTOR ........................
WHISKEY .....................

X

XRAY ...........................

Date, time and point of
exit from system.
Route information .........
Radio ............................
Time of next report ......
Maximum present static
draught in meters.
Cargo on board ............

True bearing (first 3 digits) and distance (state
distance) in nautical miles from a clearly
identified landmark (state landmark).
A 3 digit group.
A 3 digit group.
Name of last port of call.
Entry time expressed as in (B) and into the
entry position expressed as in (C) or (D).
Name of port and date time group expressed
as in (B).
State whether a deep sea or local pilot is on
board.
Exit time expressed as in (B) and exit position
expressed as in (C) or (D).
Intended track.
State in full names of communications stations/
frequencies guarded.
Date time group expressed as in (B).
4 digit group giving meters and centimeters.

Cargo and brief details of any dangerous cargoes as well as harmful substances and
gases that could endanger persons or the
environment.
Defects, damage, defiBrief detail of defects, damage, deficiencies or
ciencies or limitations.
other limitations.
Description of pollution
Brief details of type of pollution (oil, chemicals,
or dangerous goods
etc) or dangerous goods lost overboard; posilost.
tion expressed as in (C) or (D).
Weather conditions ...... Brief details of weather and sea conditions prevailing.
Ship’s representative
Details of name and particulars of ship’s repand/or owner.
resentative and/or owner for provision of information.
Ship size and type ....... Details of length, breadth, tonnage, and type,
etc., as required.
Medical personnel ........ Doctor, physician’s assistant, nurse, no medic.
Total number of perState number.
sons on board.
Miscellaneous .............. Any other information as appropriate. [i.e., a
detailed description of a planned operation,
which may include: its duration; effective
area; any restrictions to navigation; notification procedures for approaching vessels; in
addition, for a towing operation: configuration,
length of the tow, available horsepower, etc.;
for a dredge or floating plant: configuration of
pipeline, mooring configuration, number of
assist vessels, etc.].

(2) Establish other means of reporting for those vessels unable to report
on the designated frequency; or
(3) Require reports from a vessel in
sufficient time to allow advance vessel
traffic planning.
(b) All reports required by this part
shall be made as soon as is practicable
on the frequency designated in Table

161.12(c) (VTS and VMRS Centers, Call
Signs/MMSI, Designated Frequencies,
and Monitoring Areas).
(c) When not exchanging communications, a VMRS User must maintain a
listening watch as described in § 26.04(e)
of this chapter on the frequency designated in Table 161.12(c) (VTS and

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Coast Guard, DHS

§ 161.23

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 § 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 24hour military clock system.
[CGD 90–020, 59 FR 36324, July 15, 1994, as
amended by USCG–2003–14757, 68 FR 39366,
July 1, 2003]

§ 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 § 160.203 of this chapter, and other required information as
set out in § 160.211 and § 160.213 of this
chapter, if applicable.
§ 161.20

Position Report (PR).

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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]

§ 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 § 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]

§ 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.
§ 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:
(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]

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§ 161.25

33 CFR Ch. I (7–1–09 Edition)

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).

§ 161.25 Vessel
York Area.

Traffic

Service

New

The area consists of the navigable
waters of the Lower New York Harbor
bounded on the east by a line drawn
from Norton Point to Breezy Point; on
the south by a line connecting the entrance buoys at the Ambrose Channel,
Swash Channel, and Sandy Hook Channel to Sandy Hook Point; and on the
southeast including the waters of
Sandy Hook Bay south to a line drawn
at latitude 40°25′ N.; then west into waters of the Raritan Bay to the Raritan
River Rail Road Bridge; and then north
including the waters of the Arthur Kill
and Newark Bay to the Lehigh Valley
Draw Bridge at latitude 40°41.9′ N.; and
then east including the waters of the
Kill Van Kull and Upper New York Bay
north to a line drawn east-west from
the Holland Tunnel Ventilator Shaft at
latitude 40°43.7′ N., longitude 74°01.6′ W.
in the Hudson River; and then continuing east including the waters of
the East River to the Throgs Neck
Bridge, excluding the Harlem River.
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]

§ 161.30 Vessel Traffic Service Louisville.

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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]

§ 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 CutOff 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.)

Bolivar Roads
Red Fish Bar
Bayport Channel.
Morgans Point
Upper San
Jacinto Bay.
Baytown .........
Lynchburg ......
Carpenters
Bayou.
Jacintoport .....
Greens Bayou
Hunting Bayou
Sims Bayou ...
Brady Island ..
Buffalo Bayou

4000
4000
4000

29°20.9′ N
29°29.8′ N
29°36.7′ N

94°47.0′ W
94°51.9′ W
94°57.2′ W

2000
1000

29°41.0′ N
29°42.3′ N

94°59.0′ W
95°01.1′ W

1000
1000
1000

29°43.6′ N
29°45.8′ N
29°45.3′ N

95°01.4′ W
95°04.8′ W
95°05.6′ W

1000
1000
1000
1000
1000
1000

29°44.8′
29°44.8′
29°44.3′
29°43.2′
29°43.5′
29°45.0′

95°06.0′
95°10.2′
95°12.1′
95°14.4′
95°16.4′
95°17.3′

Latitude

N
N
N
N
N
N

Longitude

NOTE: Each Precautionary Area encompasses a circular
area of the radius denoted.

(c) Reporting points.

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Galveston Bay Entrance Channel

Galveston Bay Entrance Channel

Bolivar Land Cut ..........................

Pelican Cut ..................................

Galveston Harbor ........................
Texas City Channel .....................
Houston Ship Channel ICW Intersection.
Lower Galveston Bay ..................
Red Fish Bar ...............................
Bayport Ship Channel .................
Upper Galveston Bay ..................
Morgan’s Point ............................
Exxon ...........................................
Lynchburg ....................................
Shell Oil .......................................
Greens Bayou .............................
Hunting Bayou .............................
Lyondell .......................................
I–610 Bridge ................................
Buffalo Bayou ..............................

1 .............

2 .............

E ............

W ...........

G ............
T .............
X ............

3 .............
4 .............
P ............
4A ...........
5 .............
6 .............
7 .............
8 .............
9 .............
10 ...........
11 ...........
12 ...........
13 ...........

Geographic name

Designator

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Galveston Channel Lt. 2 ........................
Texas City Channel Lt. 12 .....................
Houston Ship Channel (HSC) LB 25
and 26.
HSC Lt. 31 and LB 32 ...........................
HSC Lt. 53 & 54 .....................................
Bayport Ship Channel Lt. 8 and 9 .........
HSC Lt. 69 and 70 .................................
HSC Lt. 91 .............................................
HSC Lt. 109A .........................................
Ferry crossing ........................................
Boggy Bayou ..........................................
HSC Lt. 152 ...........................................
Hunting Bayou Turning Basin. ...............
Sims Bayou Turning Basin. ...................
I–610 Bridge ...........................................
Houston Turning Basin ..........................

Mile 351 ICW .........................................

Galveston Bay Entrance CH Lighted
Buoy (LB) ‘‘1C’’.
Galveston Bay Entrance Channel LB 11
and 12.
Mile 349 Intracoastal Waterway (ICW) ..

Geographic description

29°
29°
29°
29°
29°
29°
29°
29°
29°
29°
29°
29°
29°

23.8′
30.3′
36.8′
34.7′
41.0′
43.5′
45.8′
44.1′
44.8′
44.4′
43.2′
43.5′
45.0′

N;
N;
N;
N;
N;
N;
N;
N;
N;
N;
N;
N;
N;

94°
94°
94°
94°
94°
95°
95°
95°
95°
95°
95°
95°
95°

48.9′
52.4′
59.5′
55.8′
59.0′
01.4′
04.8′
08.0′
10.1′
12.1′
14.4′
16.0′
17.4′

W
W
W
W
W
W
W
W
W
W
W
W
W

29° 20.2′ N; 94° 46.6′ W
29° 22.4′ N; 94° 50.9′ W
29° 22.2′ N; 94° 48.1′ W

29° 21.4′ N; 94° 48.5′ W

29° 22.5′ N; 94° 46.9′ W

29° 20.6′ N; 94° 44.6′ W

29° 18.2′ N; 94° 37.6′ W

Latitude/ longitude

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

Bayport Land Cut.
Tows only.

Tow entering HSC from ICW or
Texas Cut Only.

Tows entering HSC also report at
HSC LB 25 & 26.
Tows entering HSC also report at
HSC LB 25 & 26.
Coast Guard Base.

Notes

Coast Guard, DHS
§ 161.35

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§ 161.40

33 CFR Ch. I (7–1–09 Edition)

[CGD 90–020, 59 FR 36324, July 15, 1994, as amended by CGD 95–033, 60 FR 28331, May 31, 1995;
USCG–2000–7223, 65 FR 40058, June 29, 2000; USCG–2007–27887, 72 FR 45904, Aug. 16, 2007]

§ 161.40 Vessel Traffic Service Berwick
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
Burlington Northern/Santa Fe Railroad
Bridge located at Mile .03 MC/PA.
(c) Reporting Points.

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

Geographic name

Geographic description

1 ...........................

Stouts Pass ........................

2 ...........................

Berwick Lock ......................

Stouts Point Light ‘‘1’’ Mile
113–Atchafalaya River.
Mile 1.9 MC/PA ..................

3 ...........................

Conrad’s Point Junction .....

Buoy ‘‘1’’ Mile 1.5 MC/PA ..

4 ...........................

Mile 3 MC/PA .....................

6 ...........................

Swift Ships Flat Lake Junction.
Burlington Northern/Santa
Fe Railroad Bridge.
20 Grant Point Junction .....

7 ...........................

ICW .....................................

8 ...........................

Wax Bayou Junction ..........

9 ...........................

Shaffer Junction .................

5 ...........................

Mile 0.3 MC/PA ..................
Bayou Boeuf-Atchafalaya
R. Mile 95.5 ICW.
Overhead Power Cable
Mile 96.5 ICW.
Light ‘‘A’’ Mile 98.2W ICW
ICW-Bayou Shaffer Mile
94.5 ICW.

Latitude/longitude
29°43′47″
91°13′25″
29°43′10″
91°13′28″
29°42′32″
91°13′14″
29°43′26″
91°12′22″
29°41′34″
91°12′44″
29°41′18″
91°12′36″
29°40′43″
91°13′18″
29°39′29″
91°14′46″
29°41′10″
91°11′38″

N
W
N
W
N
W
N
W
N
W
N
W
N
W
N
W
N
W

Notes

If transiting the Lock.

[CGD 90–020, 59 FR 36324, July 15, 1994, as amended by CGD 95–033, 60 FR 28332, May 31, 1995;
USCG–1998–3799, 63 FR 35531, June 30, 1998; USCG–2009–0416, 74 FR 27441, June 10, 2009]

§ 161.45 Vessel Traffic
Marys River.

Service

St.

(a) The VTS area consists of the navigable waters of the St. Marys River
and lower Whitefish Bay from 45°57′ N.
(De Tour Reef Light) to the south, to

46°38.7′ N. (Ile Parisienne Light) to the
north, except the waters of the St.
Marys Falls Canal, and to the east
along a line from La Pointe to Sims
Point, within Potagannissing Bay and
Worsley Bay.
(b) Reporting Points.

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TABLE 161.45(b)—VTS ST. MARYS RIVER REPORTING POINTS
Designator

Geographic name

Geographic description

1 ....................
2 ....................
3 ....................
4 ....................
5* ...................
6 ....................
7 ....................
8 ....................
9 ....................
10 ..................
11 ..................

Ile Parisienne .......................
Gros Cap Reef .....................
Round Island ........................
Pointe Louise .......................
West End of Locks ...............
East End of Locks ................
Mission Point ........................
Six Mile Point .......................
Ninemile Point ......................
West Neebish Channel ........
Munuscong Lake Junction ...

Ile Parisienne Light ..............
Gros Cap Reefs Light ..........
Round Island Light 32 ..........
Pointe Louise Light ..............
West Center Pierhead Light
East Center Pierhead Light ..
Light 99 ................................
Six Mile Point .......................
Light 80 ................................
Light 29 ................................
Lighted Junction Buoy ..........

Latitude/longitude‘
46°37.3′
46°30.6′
46°26.9′
46°27.8′
46°30.2′
46°30.1′
46°29.2′
46°26.1′
46°23.5′
46°16.9′
46°10.8′

N;
N;
N;
N;
N;
N;
N;
N;
N;
N;
N;

84°45.9′ W
84°37.1′ W
84°31.7′W.
84°28.2′W.
84°22.2′ W
84°20.3′ W
84°18.1′W.
84°15.4′W.
84°14.1′W.
84°12.5′ W
84°05.6′W.

Notes
...
...

Downbound Only.
Upbound Only.

...
...

Upbound Only.
Downbound Only.

...

Downbound Only.

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Coast Guard, DHS

§ 161.55

TABLE 161.45(b)—VTS ST. MARYS RIVER REPORTING POINTS—Continued
Designator

Geographic name

Geographic description

12 ..................

De Tour Reef .......................

De Tour Reef Light ..............

Latitude/longitude‘

Notes

46°56.9′ N; 83°53.7′ W.

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

§ 161.50 Vessel
Francisco.

Traffic

Service

San

The VTS area consists of all the navigable waters of San Francisco Bay Region south of the Mare Island Causeway Bridge and the Petaluma River
Entrance Channel Daybeacon 19 and
Petaluma River Entrace Channel Light
20 and north of the Dumbarton Bridge;
its seaward approaches within a 38 nautical mile radius of Mount Tamalpais
(37–55.8′ N., 122–34.6′ W.); and its navigable tributaries as far east as the port
of Stockton on the San Joaquin River,
as far north as the port of Sacramento
on the Sacramento River.
[CGD 90–020, 59 FR 36324, July 15, 1994, as
amended by CGD 95–033, 60 FR 28332, May 31,
1995]

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§ 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°23′08″ N., 124°43′37″
W. on Cape Flattery to the Cape Flattery Light at 48°23′30″ N., 124°44′12″ W.
on Tatoosh Island, due west to the U.S.
Territorial Sea Boundary; thence
northward along the U.S. Territorial
Sea Boundary to its intersection with
the U.S./Canada International Boundary; thence east along the U.S./Canada
International Boundary through the
waters known as the Strait of Juan de
Fuca, Haro Strait, Boundary Pass, and
the Strait of Georgia to the Washington State coastline at 49°00′06″ N.,
122°45′18″ W. (International Boundary
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°35′45″ N.; and on the
southwest by 48°23′30″ N.; and on the
west by the rhumb line joining 48°35′45″
N., 124°47′30″ W. with 48°23′30″ N.,
124°48′37″ W.; and on the northeast in
the Strait of Georgia, by a line drawn
along 49° N. from Vancouver Island to
Semiahmoo Bay; and on the southeast,
by a line drawn from McCurdy Point on
the Quimper Peninsula to Point Partridge on Whidbey Island. Canadian
and United States Vessel Traffic Centers (Tofino, B.C., Canada, Vancouver,
BC, Canada and Seattle, WA) manage
traffic within the CVTS area irrespective of the International Boundary.
(b) VTS Special Areas. (1) The
Rosario Strait VTS Special Area consists of those waters bounded to the
south by the center of Precautionary
Area ‘‘RB’’ (a circular area of 2,500
yards radius centered at 48°26′24″ N.,
122°45′12″ W.), and to the north by the
center of Precautionary Area ‘‘C’’ (a
circular area of 2,500 yards radius centered at 48°40′34″ N., 122°42′44″ W.; Lighted Buoy ‘‘C’’); and
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.

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§ 161.60

33 CFR Ch. I (7–1–09 Edition)

(c) Additional VTS Special Area Operating Requirements. The following
additional requirements are applicable
in the Rosario Strait and Guemes
Channel VTS Special Areas:
(1) A vessel engaged in towing shall
not impede the passage of a vessel of
40,000 dead weight tons or more.
(2) A vessel of less than 40,000 dead
weight tons is exempt from the provision set forth in § 161.13(b)(1) of this
part.
(3) A vessel of less than 100 meters in
length is exempt from the provisions
set forth in § 161.13(b)(3) of this part.
Approval will not be granted for:
(i) A vessel of 100 meters or more in
length to meet or overtake; or cross or
operate within 2,000 yards (except when
crossing astern) of a vessel of 40,000
dead weight tons or more; or
(ii) A vessel of 40,000 dead weight tons
or more to meet or overtake; or cross
or operate within 2,000 yards (except
when crossing astern) of a vessel of 100
meters or more in length.
(d) Reporting Point. Inbound vessels
in the Strait of Juan de Fuca upon
crossing 124–W.
[CGD 90–020, 59 FR 36324, July 15, 1994, as
amended by USCG–1998–3799, 63 FR 35531,
June 30, 1998]

§ 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°30′
W. and 147°20′ W. and includes Valdez
Arm, Valdez Narrows and Port Valdez.
(b) The Valdez Arm VTS Special Area
consists of the waters of the Valdez
Arm Traffic Separation Scheme (de-

scribed in § 167.1703 of this chapter); the
waters northeast of a line drawn from
shoreline to shoreline through the
points 60°58.04′ N, 146°46.52′ W and
60°58.93′ N, 146°48.86′ W; and southwest
of a line bearing 307° True from Tongue
Point at 61°02.10′ N, 146°40.00′ W.
(c) The Valdez Narrows VTS Special
Area consists of those waters of Valdez
Arm, Valdez Narrows, and Port Valdez
northeast of a line bearing 307° True
from Tongue Point at 61°02′06″ 146°40′
W.; and southwest of a line bearing 307°
True from Entrance Island Light at
61°05′06″ N., 146°36′42″ W.
(d) Additional VTS Special Area Operating Requirements. The following
additional requirements are applicable
in the Valdez Narrows VTS Special
Area:
(1) No VMRS User shall proceed
north of 61° N. without prior approval
of the VTS.
(2) For a vessel listed in paragraph
(c)(3) of this section—
(i) Approval to enter this area will
not be granted to a vessel when a tank
vessel of more than 20,000 deadweight
tons is navigating therein;
(ii) A northbound vessel shall remain
south of 61° N. until the VTS has granted permission to proceed; and
(iii) A southbound vessel shall remain in Port Valdez east of 146°35′ W.
and north of 61°06′ N. until the VTS has
granted permission to proceed.
(3) Paragraph (c)(2) of this section applies to—
(i) A vessel of 1600 gross tons or more;
and
(ii) A towing vessel of 8 meters or
more in length, except for a vessel performing duties as an escort vessel as
defined in 33 CFR Part 168.
(e) Reporting Points.

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TABLE 161.60(D)—VTS PRINCE WILLIAM SOUND REPORTING POINTS
Designator

Geographic name

Geographic description

1A ............
1B ............
2A ............
2B ............
3A ............
3B ............
4A ............
4B ............
5 ...............

Cape Hinchinbrook ......
Schooner Rock ............
Naked Island ................
Naked Island ................
Bligh Reef ....................
Bligh Reef ....................
Rocky Point ..................
Rocky Point ..................
Entrance Island ............

Cape Hinchinbrook .........................
Schooner Rock ...............................
Naked Island ...................................
Naked Island ...................................
Bligh Reef Light (Pilot Embark) ......
Bligh Reef Light (Pilot Disembark)
Rocky Point .....................................
Rocky Point .....................................
Entrance Island Light ......................

Latitude/longitude
60°16′18″
60°18′42″
60°40′00″
60°40′00″
60°50′36″
60°51′00″
60°57′48″
60°57′48″
61°05′24″

N;
N;
N;
N;
N;
N;
N;
N;
N;

146°45′30″
146°51′36″
147°01′24″
147°05′00″
146°57′30″
147°01′24″
146°47′30″
146°50′00″
146°37′30″

Notes
W ..
W ..
W ..
W ..
W ..
W ..
W ..
W ..
W..

Northbound Only.
Southbound Only.
Northbound Only.
Southbound Only.
Northbound Only.
Southbound Only.
Northbound Only.
Southbound Only.

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Coast Guard, DHS

§ 162.1

[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]

erowe on DSK5CLS3C1PROD with CFR

PART 162—INLAND WATERWAYS
NAVIGATION REGULATIONS
Sec.
162.1 General.
162.5 Definitions.
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.
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. 0170.1.
SOURCE: CGD 75–082, 42 FR 51759, Sept. 29,
1977, unless otherwise noted.

§ 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

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§ 162.5

33 CFR Ch. I (7–1–09 Edition)

on the particular map or chart being
used.
[CGD 86–082, 52 FR 33811, Sept. 8, 1987]

§ 162.5

Definitions.

The following definition applies to
this part:
Merchant mariner credential or MMC
means the credential issued by the
Coast Guard under 46 CFR part 10. It
combines the individual merchant
mariner’s document, license, and certificate of registry enumerated in 46
U.S.C. subtitle II part E as well as the
STCW endorsement into a single credential that serves as the mariner’s
qualification document, certificate of
identification, and certificate of service.
[USCG–2006–24371, 74 FR 11212, Mar. 16, 2009]

§ 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
§ 110.60 of this chapter), on the south;
its axis being a line bearing 166°50′ true
from latitude 40°50′17.337 N, longitude
73°43′03.877 W, 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.
[CGD 75–082, 42 FR 51759, Sept. 29, 1977, as
amended by USCG–2008–0179, 73 FR 35016,
June 19, 2008]

erowe on DSK5CLS3C1PROD with CFR

§ 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.
§ 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.
§ 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.
§ 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

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Coast Guard, DHS

§ 162.65

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.

erowe on DSK5CLS3C1PROD with CFR

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

§ 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.
(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.

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erowe on DSK5CLS3C1PROD with CFR

§ 162.75

33 CFR Ch. I (7–1–09 Edition)

(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
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]

§ 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

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Coast Guard, DHS

§ 162.75

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 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
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 other
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
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

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§ 162.80

33 CFR Ch. I (7–1–09 Edition)

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 504–846–5923. 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,
amended by CGD 78–050, 45 FR 43167, June
1980; USCG–2000–7223, 65 FR 40058, June
2000; USCG–2008–0179, 73 FR 35016, June
2008]

§ 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
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

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Coast Guard, DHS

§ 162.90

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]

§ 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.

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

§ 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.
(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

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§ 162.90

33 CFR Ch. I (7–1–09 Edition)

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
bridle 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 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

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§ 162.115

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.
[CGD 75–082, 42 FR 51759, Sept. 29, 1977, as
amended by USCG–2008–0179, 73 FR 35016,
June 19, 2008]

§ 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).

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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]

§ 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
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]

§ 162.110 Duluth-Superior
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]

§ 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]

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erowe on DSK5CLS3C1PROD with CFR

§ 162.117

33 CFR Ch. I (7–1–09 Edition)

§ 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°57′ N. (De Tour Reef Light) to
the south, to 46°38.7′ N. (Ile Parisienne
Light) to the north, except the waters
of the St. Marys Falls Canal, and to
the east along a line from La Pointe to
Sims Point, within Potagannissing Bay
and Worsley Bay.
(b) 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
Lightdownbound traffic only.
(iii) Middle Neebish Channel from
Buoy ‘‘2’’ to Buoy ‘‘76’’—upbound traffic only; and
(iv) Pipe Island Passage to the east of
Pipe Island Shoal and north of Pipe Island Twins from Watson Reefs Light to
Sweets Point—upbound traffic only.
(2) A vessel 350 feet or more in length
must not overtake or approach within
.2 nautical miles of another vessel proceeding in the same direction in the
following waterways:
(i) West Neebish Channel between
Nine Mile Point and Munuscong Lake
Junction Lighted Bell Buoy;
(ii) Middle Neebish Channel between
Munuscong Lake Junction Lighted Bell
Buoy and Nine Mile Point; and
(iii) Little Rapids Cut from Six Mile
Point to Buoy ‘‘102’’.
(3) When two-way traffic is authorized in Middle Neebish Channel, a vessel 350 feet or more in length must not
meet, cross, or overtake another vessel
at:
(i) Johnson Point from Buoy ‘‘18’’ to
Buoy ‘‘22’’;
(ii) Mirre Point from Buoy ‘‘26’’ to
Buoy ‘‘28’’; or
(iii) Stribling Point from Buoy ‘‘39’’
to Buoy ‘‘43’’.
(4) Paragraph (d)(2) of this section
does not apply to a vessel navigating
through an ice field.
(e) 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.

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Coast Guard, DHS

§ 162.120

(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—Continued
Maximum speed limit between
Upper limit of the St. Marys Falls Canal
and Point Aux Pins Main Light ..............

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Maximum speed limit between

Mph

De Tour Reef Light and Sweets Point
Light .......................................................
Round Island Light and Point Aux Frenes
Light ‘‘21’’ ...............................................
Munuscong Lake Lighted Buoy ‘‘8’’ and
Everens Point .........................................
Everens Point and Reed Point ..................
Reed Point and Lake Nicolet Lighted
Buoy ‘‘62’’ ..............................................
Lake Nicolet Lighted Buoy ‘‘62’’ and Lake
Nicolet Light ‘‘80’’ ...................................
Lake Nicolet Light ‘‘80’’ and Winter Point
(West Neebish Channel) .......................
Lake Nicolet Light ‘‘80’’ and Six Mile Point
Range Rear Light ..................................
Six Mile Point Range Rear Light and
lower limit of the St. Marys Falls Canal
Upbound .............................................
Downbound ........................................

Kts

14

12.2

14

12.2

12
9

10.4
7.8

10

8.7

12

10.4

10

8.7

10

8.7

8
10

7.0
8.7

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10.4

(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,
amended by CGD 95–033, 60 FR 28333, May
1995; USCG–1998–3799, 63 FR 35532, June
1998; USCG–2003–15404, 68 FR 37741, June
2003]

as
31,
30,
25,

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]

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Kts

Note: A vessel must not navigate any dredged channel at a
speed of less than 5 statute miles per hour (4.3 knots).

§ 162.120
TABLE 162.117(g)—ST. MARYS RIVER SPEED
RULES

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§ 162.125

33 CFR Ch. I (7–1–09 Edition)

§ 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]

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§ 162.130 Connecting waters from Lake
Huron to Lake Erie; general rules.
(a) Purpose. The regulations in
§§ 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 §§ 162.130 through

162.140 apply to all U.S. vessels and all
other vessels in U.S. waters.
(2) The speed rules in § 162.138 apply
to vessels 20 meters or more in length.
(3) The communication rules in
§ 162.132, the traffic rules in § 162.134, except for § 162.134(c)(2), and the anchorage rules in § 162.136 apply to the following vessels:
(i) Vessels of 20 meters or more in
length;
(ii) Commercial vessels more than 8
meters in length engaged in towing another vessel astern, alongside, or by
pushing ahead; and
(iii) Each dredge and floating plant.
(4) The traffic rules contained in
§ 162.134(c)(2) apply to the following vessels:
(i) Sailing vessels of 20 meters or
more in length;
(ii) Power driven vessels of 55 meters
or more in length;
(iii) Vessels engaged in towing another vessel astern, alongside or by
pushing ahead; and
(iv) Each dredge and floating plant.
(c) Definitions. As used in §§ 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
navigation channels at the head of
Lake Erie.
District Commander means Commander, Ninth Coast Guard District,
Cleveland, Ohio.
Master means the master or operator,
the person designated by the master or
operator to navigate the vessel, or, on
a vessel not requiring persons holding
licenses or merchant mariner credential officer endorsements, 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.

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Coast Guard, DHS

§ 162.134

(d) Laws and regulations not affected.
The regulations in §§ 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; USCG–2006–24371, 74 FR
11213, Mar. 16, 2009]

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§ 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

Report .........

30 Minutes North of Lake
Huron Cut.
Lighted Horn Buoy ‘‘11’’
Lake Huron Cut Light ‘‘7’’
Lake Huron Cut Lighted Buoy
‘‘1’’.
St. Clair/Black River Junction
Light.
Stag Island Upper Light .........
Marine City Salt Dock Light ...
Grande Pointe Light ‘‘23’’
St. Clair Flats Canal Light ‘‘2’’
Lake St. Clair Light ................
Belle Isle Light
Grassy Island Light ................
Detroit River Light ..................

Report .........

Report .........

Report .........
Report .........
Report
Report
Report
Report

.........
.........
.........
.........

Upbound
vessels

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Report.
Report.
Report.
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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:
(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]

§ 162.134 Connecting waters from Lake
Huron to Lake Erie; traffic rules.
(a) Detroit River. The following traffic
rules apply in the Detroit River:

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§ 162.136

33 CFR Ch. I (7–1–09 Edition)

(1) The West Outer Channel is restricted to downbound vessels.
(2) The Livingston Channel, west of
Bois Blanc Island, is restricted to
downbound vessels.

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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 § 162.132.
(vi) Transiting vessels shall have the
right of way over moored vessels getting underway within the zone.
(d) In the waters described in
§ 162.130(a), the District Commander or
Captain of the Port may establish temporary traffic rules for reasons which
include but are not limited to: channel
obstructions, winter navigation, unusual weather conditions, or unusual
water levels.

(e) The requirements of this section
do not apply to public vessels of the
U.S. or Canada engaged in icebreaking
or servicing aids to navigation or to
vessels engaged in river and harbor improvement work.
(f) The prohibitions in this section on
overtaking in certain areas do not
apply to vessels operating in the nondisplacement mode. In this section,
‘‘nondisplacement mode’’ means a
mode of operation in which the vessel
is supported by hydrodynamic forces,
rather than displacement of its weight
in the water, to an extent such that the
wake which would otherwise be generated by the vessel is significantly reduced.
[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]

§ 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]

§ 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

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Coast Guard, DHS

§ 162.160

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 § 162.130(a).

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

§ 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 § 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]

§ 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]

§ 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]

§ 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.
(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]

§ 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.

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§ 162.165

33 CFR Ch. I (7–1–09 Edition)

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]

§ 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.

(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.
§ 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:

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

Station

§ 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]

§ 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

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A
B
C
D
E

Latitude North

........................................
........................................
........................................
........................................
........................................

33°54′59″
33°54′59″
33°53′59.5″
33°56′19.5″
33°56′25″

Longitude
West
118°25′41″
118°28′00″
118°31′37″
118°34′05″
118°26′29″

(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.

A
B
C
D
E
F
G
H

................................
................................
................................
................................
................................
................................
................................
................................

Latitude North

Longitude West

33°57′46.0″
33°57′52.3″
33°57′48.6″
33°57′29.8″
33°57′30.9″
33°57′37.4″
33°57′42.4″
33°57′50.6″

(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.
[CGD 75–082, 42 FR 51759, Sept. 29, 1977, as
amended by USCG–2008–0179, 73 FR 35016,
June 19, 2008]
NOTE: The Corps of Engineers also has regulations dealing with this section in 33 CFR
Part 207.

§ 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

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118°27′43.6″
118°27′48.8″
118°27′34.7″
118°27′29.1″
118°27′33.8″
118°27′23.0″
118°27′28.3″

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erowe on DSK5CLS3C1PROD with CFR

Coast Guard, DHS

§ 162.205

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
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,

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§ 162.205

33 CFR Ch. I (7–1–09 Edition)

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
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.

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Coast Guard, DHS

§ 162.210

(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°06′16″ N., longitude 121°42′32.5″
W.; thence easterly to latitude 38°06′15″
N., longitude 121°42′27″ W.; thence
southerly to latitude 38°05′22″ N., longitude 121°42′30″ W.; thence southwesterly to latitude 38°05′08″ N., longitude
121°42′40″ W.; thence west southwesterly
to latitude 38°05′02″ N., longitude
121°42′50″ W.; thence northwesterly to
the shore of Decker Island at latitude
38°05′04″ N., longitude 121°42′52.5″ W.
(2) Special Regulation. No Vessel or
other craft except those owned by or
operating under contract with the
United States may navigate or anchor
within 50 feet of any moored Government vessel in the area. Commercial
and pleasure craft shall not moor to
buoys or chains of Government vessels,
nor may they, while moored or underway, obstruct the passage of Government or other vessels through the area.

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]

§ 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.,
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.

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§ 162.215

33 CFR Ch. I (7–1–09 Edition)

(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.
§ 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.

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§ 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 must be furnished to 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.
[CGD 75–082, 42 FR 51759, Sept. 29, 1977, as
amended by USCG–2008–0179, 73 FR 35016,
June 19, 2008]

§ 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.
(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

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Coast Guard, DHS

§ 162.235

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.
§ 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.

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§ 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 feet 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
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

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§ 162.240

33 CFR Ch. I (7–1–09 Edition)

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.
[CGD 75–082, 42 FR 51759, Sept. 29, 1977, as
amended by USCG–2008–0179, 73 FR 35016,
June 19, 2008]

§ 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°19′22.0″ N, 131°36′40.5″ W and Tongass
Narrows West Channel Regulatory
marker at position 55°19′28.5″ N,
131°39′09.7″ W, respectively.
(c) No vessel shall while moored or at
anchor, or by slow passage or otherwise
while underway, unreasonably obstruct
the free passage and progress of other
vessels.
(d) No vessel shall moor or anchor to
any structure of the United States
other than mooring piers, wharves, and
floats without the consent of the Commander, Sector Juneau.

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[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; USCG–2006–25556, 72 FR
36328, July 2, 2007; USCG–2008–0179, 73 FR
35016, June 19, 2008]

§ 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.
§ 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]

§ 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.
(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):

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Coast Guard, DHS

§ 162.270

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.

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[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]

§ 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.
§ 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
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

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Pt. 163

33 CFR Ch. I (7–1–09 Edition)

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

[USCG–2006–24371, 74 FR 11213, Mar. 16, 2009]

Sec.
163.01 Application.
163.03 Definitions.
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).

§ 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 or merchant mariner credential.
[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; USCG–2006–24371, 74 FR
11213, Mar. 16, 2009]

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U.S.C. subtitle II part E as well as the
STCW endorsement into a single credential that serves as the mariner’s
qualification document, certificate of
identification, and certificate of service.

§ 163.03 Definitions.
The following definition applies to
this part:
Merchant mariner credential or MMC
means the credential issued by the
Coast Guard under 46 CFR part 10. It
combines the individual merchant
mariner’s document, license, and certificate of registry enumerated in 46

§ 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]

§ 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
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.

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§ 164.03

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.

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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.

§ 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 § 164.02)
when it is operating in the navigable
waters of the United States except the
St. Lawrence Seaway.
(b) Sections 164.70 through 164.82 of
this part apply to each towing vessel of
12 meters (39.4 feet) or more in length
operating in the navigable waters of
the United States other than the St.
Lawrence Seaway; except that a towing vessel is exempt from the requirements of § 164.72 if it is—
(1) Used solely within a limited geographic area, such as a fleeting-area for
barges or a commercial facility, and
used solely for restricted service, such
as making up or breaking up larger
tows;
(2) Used solely for assistance towing
as defined by 46 CFR 10.103;
(3) Used solely for pollution response;
or

(4) Any other vessel exempted by the
Captain of the Port (COTP). The COTP,
upon written request, may, in writing,
exempt a vessel from § 164.72 for a specified route if he or she decides that exempting it would not allow its unsafe
navigation under anticipated conditions.
(c) Provisions of §§ 164.11(a)(2) and (c),
164.30, 164.33, and 164.46 do not apply to
warships or other vessels owned,
leased, or operated by the United
States Government and used only in
government noncommercial service
when these vessels are equipped with
electronic navigation systems that
have met the applicable agency regulations regarding navigation safety.
(d) Provisions of § 164.46 apply to
some self-propelled vessels of less than
1600 gross tonnage.
[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]

§ 164.02 Applicability
foreign vessels.

exception

(a) Except as provided in § 164.46(a)(2)
of this part, including §§ 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]

§ 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

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33 CFR Ch. I (7–1–09 Edition)

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must be available to the public. All approved material is available for inspection at the Navigation Systems Division (CG-5413), 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/federallregister/
codeloflfederallregulations/
ibrllocations.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 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
Cordage
Institute,
350
Lincoln
Street, Hingham, MA 02043
CIA–3, Standard Test Methods for
Fiber Rope Including Standard
Terminations, Revised, June
1980 ...........................................
International Electrotechnical Commission (IEC), 3, rue de Varemb,
Geneva, Switzerland.
IEC 61993–2, Maritime navigation
and radiocommunication 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
Standards for Automatic Pilots, adopted November 12, 1975
Resolution MSC.74(69), Annex 3,
Recommendation on Performance Standards for a Universal
Shipborne Automatic Identification System (AIS), adopted
May 12, 1998 ..............................

164.74

164.74

164.74

164.46

164.13

164.46

SN/Circ.227, Guidelines for the Installation of a Shipborne Automatic Identification System
(AIS), dated January 6, 2003 .....
SOLAS, International Convention for Safety of Life at Sea,
1974, and 1988 Protocol relating
thereto, 2000 Amendments, effective January and July 2002,
(SOLAS 2000 Amendments) ......
Conference resolution 1, Adoption of amendments to the
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 Digital Selective-Calling
System for Use in the Maritime
Mobile Service, 1992 ..................
(2)
ITU-R
Recommendation
M.825, Characteristics of a
Transponder System Using Digital Selective-Calling Techniques for Use with Vessel
Traffic Services and Ship-toShip Identification, 1992 ...........
ITU-R Recommendation M.1371–1,
Technical characteristics 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, Loran C Receiving Equipment, 1977 .................................
(2) RTCM Paper 194–93/SC104–
STD,
RTCM
Recommended
Standards
for
Differential
NAVSTAR
GPS
Service,
Version 2.1, 1994 ........................
(3) RTCM Paper 71–95/SC112–STD,
RTCM Recommended Standards 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 for Maritime Radar Equipment Installed on Ships of 300
Tons Gross Tonnage and Upwards, Version 1.2, December
20, 1993 ......................................

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164.46

164.46

164.46

164.43

164.43

164.46

164.41

164.43

164.72

164.72

Coast Guard, DHS

§ 164.11

[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; USCG–
2008–0179, 73 FR 35016, June 19, 2008]

§ 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;

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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
(k) If a pilot other than a member of
the vessel’s crew is employed, the pilot
is informed of the draft, maneuvering
characteristics, and peculiarities of the
vessel and of any abnormal circumstances on the vessel that may affect its safe navigation.
(l) Current velocity and direction for
the area to be transited are known by
the person directing the movement of
the vessel;
(m) Predicted set and drift are known
by the person directing movement of
the vessel;
(n) Tidal state for the area to be
transited is known by the person directing movement of the vessel;
(o) The vessel’s anchors are ready for
letting go;
(p) The person directing the movement of the vessel sets the vessel’s
speed with consideration for:
(1) The prevailing visibility and
weather conditions;
(2) The proximity of the vessel to
fixed shore and marine structures;
(3) The tendency of the vessel underway to squat and suffer impairment of
maneuverability when there is small
underkeel clearance;
(4) The comparative proportions of
the vessel and the channel;
(5) The density of marine traffic;
(6) The damage that might be caused
by the vessel’s wake;
(7) The strength and direction of the
current; and
(8) Any local vessel speed limit;
(q) The tests required by § 164.25 are
made and recorded in the vessel’s log;
and
(r) The equipment required by this
part is maintained in operable condition.
(s) Upon entering U.S. waters, the
steering wheel or lever on the navigating bridge is operated to determine
if the steering equipment is operating
properly under manual control, unless
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.

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§ 164.13

33 CFR Ch. I (7–1–09 Edition)

the vessel has been steered under manual control from the navigating bridge
within the preceding 2 hours, except
when operating on the Great Lakes and
their connecting and tributary waters.
(t) At least two of the steering-gear
power units on the vessel are in operation when such units are capable of simultaneous operation, except when the
vessel is sailing on the Great Lakes
and their connecting and tributary waters, and except as required by paragraph (u) of this section.
(u) On each passenger vessel meeting
the requirements of the International
Convention for the Safety of Life at
Sea, 1960 (SOLAS 60) and on each cargo
vessel meeting the requirements of
SOLAS 74 as amended in 1981, the number of steering-gear power units necessary to move the rudder from 35° on
either side to 30° on the other in not
more than 28 seconds must be in simultaneous operation.

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[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]

§ 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 an engineer
with an appropriately endorsed license
or merchant mariner credential.
(c) Each tanker must navigate with
at least two deck officers with an appropriately endorsed license or merchant mariner credential 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
holding an appropriately endorsed license or merchant mariner credential
and assigned to the vessel as master,
mate, or officer in charge of a naviga-

tional 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; USCG–2006–24371, 74 FR 11213, Mar. 16,
2009]

§ 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:

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Coast Guard, DHS

§ 164.25

(1) From the conning position, the
view of the sea surface must not be obscured by more than the lesser of two
ship 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
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.

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[CGD 85–099, 55 FR 32247, Aug. 8, 1990, as
amended by USCG–2006–25150, 71 FR 39211,
July 12, 2006]

§ 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]

§ 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.

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§ 164.30

33 CFR Ch. I (7–1–09 Edition)

(d) No vessel may enter, or be operated on the navigable waters of the
United States unless the emergency
steering drill described below has been
conducted within 48 hours prior to
entry and logged in the vessel logbook,
unless the drill is conducted and logged
on a regular basis at least once every
three months. This drill must include
at a minimum the following:
(1) Operation of the main steering
gear from within the steering gear
compartment.
(2) Operation of the means of communications between the navigating
bridge and the steering compartment.
(3) Operation of the alternative power
supply for the steering gear if the vessel is so equipped.
(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]

§ 164.30 Charts,
publications,
equipment: General.

and

No person may operate or cause the
operation of a vessel unless the vessel
has the marine charts, publications,
and equipment as required by §§ 164.33
through 164.41 of this part.
[CGD 82–055, 48 FR 44535, Sept. 29, 1983]

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§ 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]

§ 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.

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Coast Guard, DHS

§ 164.35

(g) The following maneuvering information prominently displayed on a fact
sheet in the wheelhouse:
(1) A turning circle diagram to port
and starboard that shows the time and
distance and advance and transfer required to alter course 90 degrees with
maximum rudder angle and constant
power settings, for either full and half
speeds, or for full and slow speeds. For
vessels whose turning circles are essentially the same for both directions, a
diagram showing a turning circle in
one direction, with a note on the diagram stating that turns to port and
starboard are essentially the same,
may be substituted.
(2) The time and distance to stop the
vessel from either full and half speeds,
or from full and slow speeds, while
maintaining approximately the initial
heading with minimum application of
the rudder.
(3) For each vessel with a fixed propeller, a table of shaft revolutions per
minute for a representative range of
speeds.
(4) For each vessel with a controllable pitch propeller, a table of control
settings for a representative range of
speeds.
(5) For each vessel that is fitted with
an auxiliary device to assist in maneuvering, such as a bow thruster, a table
of vessel speeds at which the auxiliary
device is effective in maneuvering the
vessel.
(6) The maneuvering information for
the normal load and normal ballast
condition for:
(i) Calm weather—wind 10 knots or
less, calm sea;
(ii) No current;
(iii) Deep water conditions—water
depth twice the vessel’s draft or greater; and
(iv) Clean hull.
(7) At the bottom of the fact sheet,
the following statement:

erowe on DSK5CLS3C1PROD with CFR

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 compassreadings 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]

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§ 164.37

33 CFR Ch. I (7–1–09 Edition)

§ 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 § 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.

(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))

erowe on DSK5CLS3C1PROD with CFR

[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]

§ 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:

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Coast Guard, DHS

§ 164.38

‘‘This device was designed and manufactured to comply with the International Maritime Organization (IMO)
‘Performance Standards for Automatic
Radar Plotting Aids (ARPA).’ ’’
(2) Each device allowed under paragraph (c) of this section must have a
permanently affixed label containing;
(i) The name and address of the manufacturer; and
(ii) The following statement:
‘‘This device was designed and manufactured to comply with the U.S. Maritime
Administration’s
‘Collision
Avoidance System Specification.’ ’’
APPENDIX A TO § 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.

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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 ‘‘courseup’’ azimuth stabilization. In addition, the
ARPA may also provide for a true motion

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§ 164.38

33 CFR Ch. I (7–1–09 Edition)

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;
.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):
Scenario/data
1
2
3
4

.........................
.........................
.........................
.........................

Relative
course (degrees)

Relative
speed
(Knots)

11
7
14
15

2.8
0.6
2.2
1.5

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....................
1.8
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):

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§ 164.38
Relative
course
(degrees)

Scenario/data
1
2
3
4

........................................................................
........................................................................
........................................................................
........................................................................

Relative
speed
(knots)

3.0
2.3
4.4
4.6

0.8
.3
.9
.8

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 TO § 164.38—DEFINITIONS OF TERMS TO BE USED ONLY IN CONNECTION WITH ARPA PERFORMANCE STANDARDS

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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.

C.P.A.
(n.m.)

TCPA
(mins)

0.5
..................
.7
.7

1.0
..................
1.0
1.0

True
course
(degrees)
7.5
2.9
3.3
2.6

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.8
1.0
1.2

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.

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§ 164.38

33 CFR Ch. I (7–1–09 Edition)
Radar

ANNEX 2 TO APPENDIX A TO § 164.38—
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°
Own ship speed—10 kt
Target range—8 n.m.
Bearing of target—000°
Relative course of target—180°
Relative speed of target—20 kt
Scenario 2
Own ship course—000°
Own ship speed—10 kt
Target range—1 n.m.
Bearing of target—000°
Relative course of target—090°
Relative speed of target—10 kt

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°, 135°, 225° and 315° and will be zero at relative bearings of 0°, 90°, 180° and 270°. This
error has a sinusoidal variation at twice the
roll frequency. For a 10° roll the mean error
is 0.22° with a 0.22° 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.

Scenario 3

Quantization
Bearing—rectangular distribution ± 0.01°
maximum.
Range—rectangular distribution ± 0.01 n.m.
maximum.
Bearing encoder assumed to be running
from a remote synchro giving bearing errors
with a normal distribution o = 0.03°

Own ship course—000°
Own ship speed—5 kt
Target range—8 n.m.
Bearing of target—045°
Relative course of target—225°
Relative speed of target—20 kt
Scenario 4

Gyro compass

Own ship course—000°
Own ship speed—25 kt
Target range—8 n.m.
Bearing of target—045°
Relative course of target—225°
Relative speed of target—20 kt

Calibration error 0.5°.
Normal distribution about this with o =
0.12°.
Log

ANNEX 3 TO APPENDIX A TO § 164.38—SENSOR
ERRORS

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

The accuracy figures quoted in paragraph
3.8 are based upon the following sensor errors
and are appropriate to equipment complying
with the Organization’s performance standards for shipborne navigational equipment. 2

APPENDIX B TO § 164.38—U.S. MARITIME ADMINISTRATION COLLISION AVOIDANCE SYSTEM
SPECIFICATION

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Note: o means ‘‘standard deviation’’
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.

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.

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Coast Guard, DHS

§ 164.39

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Computer generated display data for each
acquired target shall be in the form of a line
or vector indicating true or relative target
course, speed and both present and extrapolated future positions. Data shall be automatically displayed on a cathode ray tube or
other suitable display contrivance sufficiently bright and unobstructed to permit
viewing by more than one person at a time.
In addition to displaying the collision potential of the most threatening fixed and
moving targets, the system shall be capable
of simultaneously showing land masses.
The system display shall include a heading
indication and bearing ring. The system
shall also have the capability of allowing the
operator to select ‘‘head-up’’ and to cancel
the vector or line presentation of any of the
targets. The presentation shall be nonsmearing 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 alphanumeric 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]

§ 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
§ 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,

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§ 164.40

33 CFR Ch. I (7–1–09 Edition)

Regulations 29.14 and 29.15, of SOLAS
74.
[CGD 83–043, 60 FR 24771, May 10, 1995]

§ 164.40 Devices to indicate speed and
distance.
(a) Each vessel required to be fitted
with an Automatic Radar Plotting Aid
(ARPA) under § 164.38 of this part must
be fitted with a device to indicate
speed and distance of the vessel either
through the water or over the ground.
(b) The device must meet the following specifications:
(1) The display must be easily readable on the bridge by day or night.
(2) Errors in the indicated speed,
when the vessel is operating free from
shallow water effect, and from the effects of wind, current, and tide, should
not exceed 5 percent of the speed of the
vessel, or 0.5 knot, whichever is greater.
(3) Errors in the indicated distance
run, when the vessel is operating free
from shallow water effect, and from the
effects of wind, current, and tide,
should not exceed 5 percent of the distance run of the vessel in one hour or
0.5 nautical mile in each hour, whichever is greater.
[CGD 83–004, 49 FR 43467, Oct. 29, 1984, as
amended by USCG–1998–3799, 63 FR 35532,
June 30, 1998]

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§ 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]

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Coast Guard, DHS

§ 164.46

§ 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.

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

§ 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 § 165.1704 of this subchapter must do so by an installed
Automatic Identification System Shipborne Equipment (AISSE) system consisting of a:
(1) Twelve-channel all-in-view Differential Global Positioning System
(dGPS) receiver;
(2) Marine band Non-Directional Beacon receiver capable of receiving dGPS
error correction messages;
(3) VHF—FM transceiver capable of
Digital Selective Calling (DSC) on the
designated DSC frequency; and
(4) Control unit.
(b) An AISSE must have the following capabilities:
(1) Use dGPS to sense the position of
the vessel and determine the time of
the position using Universal Coordinated Time (UTC);
(2) Fully use the broadcast type 1, 2,
3, 5, 6, 7, 9, and 16 messages, as specified
in RTCM Recommended Standards for
Differential NAVSTAR GPS Service in
determining the required information;
(3) Achieve a position error which is
less than ten meters (32.8 feet) 2 distance root mean square (2 drms) from
the true North American Datum of 1983
(NAD 83) in the position information
transmitted to a VTS;
(4) Achieve a course error of less than
0.5 degrees from true course over
ground in the course information
transmitted to a VTS;
(5) Achieve a speed error of less than
0.05 knots from true speed over ground
in the speed information transmitted
to a VTS;
(6) Receive and comply with commands broadcast from a VTS as DSC
messages on the designated DSC frequency;
(7) Receive and comply with RTCM
messages broadcast as minimum shift

keying modulated medium frequency
signals in the marine radiobeacon
band, and supply the messages to the
dGPS receiver;
(8) Transmit the vessel’s position,
tagged with the UTC at position solution, course over ground, speed over
ground, and Lloyd’s identification
number to a VTS;
(9) Display a visual alarm to indicate
to shipboard personnel when a failure
to receive or utilize the RTCM messages occurs;
(10) Display a separate visual alarm
which is triggered by a VTS utilizing a
DSC message to indicate to shipboard
personnel that the U.S. Coast Guard
dGPS system cannot provide the required error correction messages; and
(11) Display two RTCM type 16 messages, one of which must display the
position error in the position error
broadcast.
(c) An AISSE is considered non-operational if it fails to meet the requirements of paragraph (b) of this section.
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]

§ 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 § 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;

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§ 164.51

33 CFR Ch. I (7–1–09 Edition)

(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 § 161.12 of this
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-forhire, 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-forhire.

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NOTE TO § 164.46(a): ‘‘Properly installed’’ refers to an installation using the guidelines
set forth in IMO SN/Circ.227 (incorporated by
reference, see § 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 § 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 § 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
§§ 26.04(a) and (c), 26.05, 26.06 and 26.07 of
this chapter also apply to AIS. The
term ‘‘effective operating condition’’
used in § 26.06 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]

§ 164.51 Deviations from rules: Emergency.
Except for the requirements of
§ 164.53(b), in an emergency, any person
may deviate from any rule in this part
to the extent necessary to avoid endangering persons, property, or the environment.
[CGD 74–77, 42 FR 5956, Jan. 31, 1977]

§ 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 § 164.53, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and on GPO Access.

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Coast Guard, DHS

§ 164.72

§ 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]

§ 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.

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

§ 164.70 Definitions.
For purposes of §§ 164.72 through
164.82, the term—
Current edition means the most recent
published version of a publication,
chart, or map required by § 164.72.
Currently corrected edition means a
current or previous edition of a publication required by § 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 wa-

ters 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.
Merchant mariner credential or MMC
means the credential issued by the
Coast Guard under 46 CFR part 10. It
combines the individual merchant
mariner’s document, license, and certificate of registry enumerated in 46
U.S.C. subtitle II part E as well as the
STCW endorsement into a single credential that serves as the mariner’s
qualification document, certificate of
identification, and certificate of service.
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 navigationaldemarcation 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 §§ 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, as
amended by USCG–2006–24371, 74 FR 11213,
Mar. 16, 2009]

§ 164.72 Navigational-safety
equipment, charts or maps, and publications required on towing vessels.
(a) Except as provided by § 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:

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§ 164.72

33 CFR Ch. I (7–1–09 Edition)

(i) For a vessel of less than 300 tons
gross tonnage that engages in towing
on navigable waters of the U.S., including Western Rivers, the radar must
meet—
(A) The requirements of the Federal
Communications Commission (FCC)
specified by 47 CFR part 80; and
(B) RTCM Standard for Marine Radar
Equipment Installed on Ships of Less
Than 300 Tons Gross Tonnage, RTCM
Paper 71–95/SC112–STD, Version 1.1, display Category II and stabilization Category Bravo.
(ii) For a vessel of less than 300 tons
gross tonnage that engages in towing
seaward of navigable waters of the U.S.
or more than three nautical miles from
shore on the Great Lakes, the radar
must meet—
(A) The requirements of the FCC
specified by 47 CFR part 80; and
(B) RTCM Standard for Marine Radar
Equipment Installed on Ships of Less
Than 300 Tons Gross Tonnage, RTCM
Paper 71–95/SC112–STD, Version 1.1, display Category I and stabilization Category Alpha.
(iii) For a vessel of 300 tons gross tonnage or more that engages in towing on
navigable waters of the U.S., including
Western rivers, the radar must meet—
(A) The requirements of the Federal
Communications Commission (FCC)
specified by 47 CFR part 80; and
(B) RTCM Recommended Standards
for Marine Radar Equipment Installed
on Ships of 300 Tons Gross Tonnage and
Upwards, RTCM Paper 191–93/SC112–X,
Version 1.2 except the requirements for
azimuth stabilization in paragraph 3.10.
(iv) For a vessel of 300 tons gross tonnage or more that engages in towing
seaward of navigable waters of the U.S.
or more than three nautical miles from
shore on the Great Lakes, the radar
must meet—
(A) The requirements of the FCC
specified by 47 CFR Part 80; and
(B) RTCM Recommended Standards
for Marine Radar Equipment Installed
on Ships of 300 Tons Gross Tonnage and
Upwards, RTCM Paper 191–93/SC112–X,
Version 1.2.
(v) A towing vessel with an existing
radar must meet the applicable requirements of paragraphs (a)(1) (i)
through (iv) of this section by August
2, 1998; except that a towing vessel with

an existing radar must meet the display and stabilization requirements of
paragraph (a)(1)(ii)(B) of this section
by August 2, 2001.
(2)
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, VHFFM 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

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Coast Guard, DHS

§ 164.72

by § 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
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

Marine Radar:
Towing Vessels of
Less Than 300 GT.

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Towing Vessels of 300
GT or More.

Searchlight ..................
VHF-FM Radio ............
Magnetic Compass .....
Swing-Meter ................
Echo Depth-Sounding
Device.

Western rivers

U.S. navigable waters other
than western rivers

Waters seaward of navigable
waters and 3 NM or more from
shore on the Great Lakes

RTCM Paper 71–95/SC112–
STD Version 1.1, Display
Category II 1 Stabilization
Category BRAVO.
RTCM Paper 191–93/SC112–X
Version 1.2 (except the
Azmuth stabilization requirement in paragraph 3.10). 1.
X
X
X3
X3

RTCM Paper 71–95/SC112–
STD Version 1.1, Display
Category II 1 Stabilization
Category BRAVO.
RTCM Paper 191–93/SC112–X
Version 1.2 (except the
Azmuth stabilization requirement in paragraph 3.10). 1.
X
X
X

RTCM Paper 71–95/SC112–
STD Version 1.1, Display
Category I 2 Stabilization Category ALPHA.
RTCM Paper 191–93/SC112–X
Version 1.2. 1

X

X

X
X
X

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§ 164.74

33 CFR Ch. I (7–1–09 Edition)

TABLE 164.72—EQUIPMENT, CHARTS OR MAPS, AND PUBLICATIONS FOR TOWING VESSELS OF12
METERS OR MORE IN LENGTH—Continued

Electronic Position-Fixing Device.
Charts or Maps ...........

General Publications ...

Waters seaward of navigable
waters and 3 NM or more from
shore on the Great Lakes

Western rivers

U.S. navigable waters other
than western rivers

(1) Large enough scale .............
(2) Current edition or currently
corrected edition.
(1) U.S. Coast Guard Light List
(2) Notices to Navigation or
Local Notices to Mariners.
(3) River-current Tables ............

(1) Large enough scale .............
(2) Current edition or currently
corrected edition.
(1) U.S. Coast Guard Light List
(2) Local Notices to Mariners ...

(1) U.S. Coast Guard Light List.
(2) Local Notices to Mariners.

(3) Tidal-current Tables ............
(4) Tide Tables ..........................
(5) U.S. Coast Pilot ...................

(3) Tidal-current Tables.
(4) Tide Tables.
(5) U.S. Coast Pilot.

X
(1) Large enough scale.
(2) Currently corrected edition.

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]

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§ 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 § 157.04 of this
chapter, or by a tensile test that meets
API Specification 9A, Specification for
Wire Rope, Section 3; ASTM D 4268 (incorporated by reference, see § 164.03),
Standard Test Method for Testing
Fiber Ropes; or Cordage Institute CIA
3, Standard Test Methods for Fiber
Rope
Including
Standard
Terminations;
(ii) If the towline is purchased from
another owner, master, or operator of a
vessel with the intent to use it as a
towline or if it is retested for any reason, keeping on board the towing vessel
or in company files of a record of each
retest of the towline’s minimum breaking strength as determined by a class
society authorized in § 157.04 of this
chapter or by a tensile test that meets
API Specification 9A, Section 3; ASTM
D 4268 (incorporated by reference, see
§ 164.03) or Cordage Institute CIA 3,
Standard Test Methods;

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Coast Guard, DHS

§ 164.78

(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 § 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
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]

§ 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]

§ 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

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33 CFR Ch. I (7–1–09 Edition)

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 speedlimits; and
(8) Monitors the voyage plan required
by § 164.80.
(b) The owner, master, or operator of
each vessel towing shall ensure that
the tests and inspections required by
§ 164.80 are conducted and that the results are entered in the log or other
record carried on board.

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[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]

§ 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 § 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
§ 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;

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Coast Guard, DHS

§ 164.82

(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
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]

§ 164.82 Maintenance, failure, and reporting.
(a) Maintenance. The owner, master,
or operator of each towing vessel shall
maintain operative the navigationalsafety equipment required by § 164.72.
(b) Failure. If any of the navigationalsafety equipment required by § 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:

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(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 § 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 § 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 §§ 164.70 through 164.82 for
a specified time if he or she decides
that they would not impair the safe
navigation of the vessel under anticipated conditions.
[CGD 94–020, 61 FR 35075, July 3, 1996]

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PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
Subpart A—General
Sec.
165.1

Purpose of part.

165.3 Definitions.
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
165.23

Safety zones.
General regulations

Subpart D—Security Zones
165.30
165.33

Security zones.
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.T01–0422 Summer 2009 Fireworks, Coastal Massachusetts.
165.T01–0512 Safety Zone: F/V PATRIOT,
Massachusetts Bay, MA.
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.

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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.
165.117 Regulated Navigation Areas, Safety
and Security Zones: Deepwater Ports,
First Coast Guard District.
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.
165.158 Safety Zone: Patchogue Grand Prix,
Patchogue Bay, Patchogue, NY.
165.161 Safety zones: Coast Guard Captain of
the Port 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.
165.166 Safety zone: Macy’s July 4th Fireworks, East River, NY.
165.168 Safety Zones; Coast Guard Captain
of the Port 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 [Reserved]

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.
165.507 Security Zone; Chesapeake Bay, between Sandy Point and Kent Island, MD.
165.508 Security Zone; Georgetown Channel,
Potomac River, Washington, DC.
165.509 Security Zone; Severn River and
College Creek, Annapolis, MD.
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.
165.512 Safety Zone; Patapsco River, Northwest and Inner Harbors, Baltimore, MD.
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.
165.555 Safety Zone; Delaware River.
165.556 Regulated Navigation Area; Chesapeake and Delaware Canal, Chesapeake
City Anchorage Basin, MD.
SEVENTH COAST GUARD DISTRICT

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FIFTH COAST GUARD DISTRICT
165.T05–0489 Regulated Navigation Area;
Herbert C. Bonner Bridge, Oregon Inlet,
NC.

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.

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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.
165.709 Security Zone; Charleston Harbor,
Cooper River, South Carolina.
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.
165.749 Security Zone: Escorted Vessels, Savannah, Georgia, Captain of the Port
Zone.
165.751 Security Zone: LNG mooring slip,
Savannah River, Savannah, Georgia.
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.
165.763 Moving and Fixed Security Zone,
Port of Fredericksted, Saint Croix, U.S.
Virgin Islands.
165.764 [Reserved]

165.765 Regulated Navigation Area; Port Everglades Harbor, Fort Lauderdale, Florida.
165.766 Security Zone: HOVENSA Refinery,
St. Croix, U.S. Virgin Islands.
165.767 Security Zone; Manbirtee Key, Port
of Manatee, Florida.
165.768 Security Zone; MacDill Air Force
Base, Tampa Bay, FL.
165.770 Security Zone: HOVENSA Refinery,
St. Croix, U.S. Virgin Islands.
165.771 Safety Zone; Bahia de Ponce, Puerto
Rico
165.773 Security Zone; Escorted Vessels in
Captain of the Port Zone Jacksonville,
Florida.
165.775 Safety Zone; Captain of the Port
Zone Jacksonville; Offshore Cape Canaveral, Florida.
165.776 Security Zone; Coast Guard Base
San Juan, San Juan Harbor, Puerto Rico
165.777 Security Zone; West Basin, Port Canaveral Harbor, Cape Canaveral, Florida.
165.778 Security Zone; Port of Mayaguez,
Puerto Rico.
EIGHTH COAST GUARD DISTRICT
165.T08–0016 Safety Zone; Allegheny River
Mile Marker 0.4 to Mile Marker 0.6,
Pittsburgh, PA.
165.T08–290 Safety Zone; Gulf of Mexico—
Johns Pass, Florida.
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 LavacaPoint 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.

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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.
165.836 Security Zone; Escorted Vessels, Mobile, Alabama, Captain of the Port.

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NINTH COAST GUARD DISTRICT
165.T09–1247 Regulated Navigation Area and
Safety Zone, Chicago Sanitary and Ship
Canal, Romeoville, IL.
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 [Reserved]
165.909 [Reserved]
165.910 Security Zones; Captain of the Port
Lake Michigan.
165.911 Security Zones; Captain of the Port
Buffalo Zone.
165.912 Security Zone; Lake Erie, Perry,
OH.
165.914 [Reserved]
165.915 Security zones; Captain of the Port
Detroit.
165.916 Security Zones; Captain of the Port
Milwaukee Zone, Lake Michigan.
165.918 [Reserved]
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.
165.923 Regulated Navigation Area between
mile markers 296.1 and 296.7 of the Chicago Sanitary and Ship Canal located
near Romeoville, IL.
165.927 Safety Zone; St. Louis River, Duluth/Interlake Tar Remediation Site, Duluth, MN.
165.928 Security Zone; Mackinac Bridge,
Straits of Mackinac, Michigan.

165.929 Safety Zones; Annual events requiring safety zones in the Captain of the
Port Lake Michigan zone.
165.931 Safety Zone, Chicago Harbor, Navy
Pier Southeast, Chicago, IL.
165.933 Safety Zone, Chicago Harbor, Navy
Pier East, Chicago, IL.
165.935 Safety Zone, Milwaukee Harbor, Milwaukee, WI.
165.939 Safety Zones; Annual Fireworks
Events in the Captain of the Port Buffalo
Zone.
165.941 Safety Zones; Annual Fireworks
Events in the Captain of the Port Detroit
Zone.
ELEVENTH COAST GUARD DISTRICT
165.T11–184 Safety zone; Sea World Summer
Nights Fireworks; Mission Bay, San
Diego, California.
165.T11–194 Safety Zone; Coast Guard Air
Station San Francisco Airborne Use of
Force Judgmental Training Flights.
165.T11–195 Safety Zone; June and July
Northwest Harbor Safety Zone; Northwest Harbor, San Clemente Island, CA.
165.T11–200 Safety zone; Naval Training,
San Clemente Island, CA.
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.
165.1120 Security Zone; Naval Amphibious
Base, San Diego, CA.
165.1121 Security Zone: Fleet Supply Center
Industrial Pier, San Diego, CA.
165.1122 San Diego Bay, Mission Bay and
their Approaches—Regulated navigation
area.
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.

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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.
165.1195 Regulated Navigation Area; Humboldt Bay Bar Channel and Humboldt
Bay Entrance Channel, Humboldt Bay,
California.
165.1197 Security Zones; San Francisco Bay,
San Pablo Bay, Carquinez Strait, Suisun
Bay, California.
165.1199 Security Zones; Military Ocean
Terminal Concord (MOTCO), Concord,
California.

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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: Fireworks displays 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.
165.1322 Regulated Navigation Area: Willamette River Portland, Oregon Captain
of the Port Zone.
165.1323 Regulated Navigation Area: Willamette River Portland, Oregon Captain
of the Port Zone.
FOURTEENTH COAST GUARD DISTRICT
165.1401 Apra Harbor, Guam—safety zones.
165.1402 Apra Outer Harbor, Guam—regulated navigation area.
165.1403 Security Zones; Tinian, Commonwealth of the Northern Mariana 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, HI.
165.1408 Security Zones; Maui, HI.
165.1409 Security Zones; Hawaii, HI.
165.1410 Security Zones; Kauai, HI.
165.1411 Security zone; waters surrounding
U.S. Forces vessel SBX–1, HI.
SEVENTEENTH COAST GUARD DISTRICT
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.
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.
165.1710 Port Valdez and Valdez Narrows,
Valdez, Alaska—security zones.
165.1711 Security Zones; Waters of the Seventeenth Coast Guard District

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Coast Guard, DHS

§ 165.7

Subpart G—Protection of Naval Vessels
165.2010
165.2015
165.2020
165.2025
165.2030

Purpose.
Definitions.
Enforcement authority.
Atlantic Area.
Pacific Area.

AUTHORITY: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05–1, 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.
EDITORIAL NOTE: Nomenclature changes to
part 165 appear by USCG–2006–25556, 72 FR
36328, 36329, July 2, 2007.

Subpart A—General
§ 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.

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§ 165.3

Definitions.

The following definitions apply to
this part:
Credential means any or all of the following:
(1) Merchant mariner’s document.
(2) Merchant mariner’s license.
(3) STCW endorsement.
(4) Certificate of registry.
(5) Merchant mariner credential.
Merchant mariner credential or MMC
means the credential issued by the
Coast Guard under 46 CFR part 10. It
combines the individual merchant
mariner’s document, license, and certificate of registry enumerated in 46
U.S.C. subtitle II part E as well as the
STCW endorsement into a single credential that serves as the mariner’s
qualification document, certificate of
identification, and certificate of service.
[USCG–2006–24371, 74 FR 11213, Mar. 16, 2009]

§ 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.
(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.
(Requests for safety zones, security zones,
and regulated navigation areas are approved
by the Office of Management and Budget
under control number 1625–0020)
[CGD 79–034, 47 FR 29660, July 8, 1982, as
amended by CGD 79–026, 48 FR 35408, Aug. 4,
1983; USCG–2006–25150, 71 FR 39211, July 12,
2006]

§ 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

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§ 165.8

33 CFR Ch. I (7–1–09 Edition)

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.
§ 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
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.

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

§ 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
§ 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 § 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
§ 2.38 of this chapter, including the territorial sea to a seaward limit of 12
nautical miles from the baseline.
[USCG–2001–9044, 68 FR 42602, July 18, 2003, as
amended by USCG–2006–25411, 71 FR 54421,
Sept. 15, 2006]

Subpart B—Regulated Navigation
Areas
§ 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.
§ 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]

§ 165.13

General regulations.

(a) The master of a vessel in a regulated navigation area shall operate the

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Coast Guard, DHS

§ 165.40

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
§ 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.
§ 165.23 General regulations.
Unless otherwise provided in this
part:
(a) No person may enter a safety zone
unless authorized by the COTP or the
District Commander;
(b) No person may bring or cause to
be brought into a safety zone any vehicle, vessel, or object unless authorized
by the COTP or the District Commander;
(c) No person may remain in a safety
zone or allow any vehicle, vessel, or object to remain in a safety zone unless
authorized by the COTP or the District
Commander; and
(d) Each person in a safety zone who
has notice of a lawful order or direction shall obey the order or direction of
the COTP or District Commander
issued to carry out the purposes of this
subpart.

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.
§ 165.33

Subpart E—Restricted Waterfront
Areas

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Subpart D—Security Zones
§ 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

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.

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

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§ 165.T01–0422

33 CFR Ch. I (7–1–09 Edition)

Subpart F—Specific Regulated
Navigation Areas and Limited
Access Areas
FIRST COAST GUARD DISTRICT

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§ 165.T01–0422 Summer
2009
Fireworks, Coastal Massachusetts.
(a) Location. The following waterborne fireworks events include safety
zones as described herein:
(1) Hingham 4th of July Fireworks
Sponsor: Hingham Lions Club.
Enforcement Date: 8 to 10 p.m. on
July 3, 2009; if postponed, July 5, 2009 at
the same times.
Regulated
area:
Hingham
Bay,
Hingham, MA. The area within a 200
yard radius of the beach on Button Island at the approximate position
42°15′04″ N, 070°53′02″ W.
(2) Weymouth 4th of July Fireworks.
Sponsor: Town of Weymouth 4th of
July Committee
Enforcement Date: 9 p.m. to 10:45
p.m. on July 3, 2009; if postponed, July
5, 2009 at the same times.
Regulated area: Weymouth Fore
River, Weymouth, MA. All waters surface to bottom extending out in a 500
yard radius of the approximate location 42°15′30″ N, 070°56′06″ W.
(3) Boston Pops Fireworks
Sponsor: Boston 4 Celebrations.
Enforcement Date: 8:30 p.m. through
11:30 p.m. on July 4, 2009; if postponed,
July 5, 2009 at the same times.
Regulated area: Charles River, Boston, MA. All waters from surface to
bottom, within a 400 yard radius of the
fireworks barges located in the vicinity
of 42°21′26″ N, 71°05′02″ W.
(4) Marblehead 4th of July Fireworks
Sponsor: Town of Marblehead.
Enforcement Date: 8:30 p.m. until 10
p.m. on July 4, 2009; if postponed, July
5, 2009 at the same times.
Regulated area: Marblehead Harbor,
Marblehead, MA. All waters from surface to bottom, within a 200 yard radius of the fireworks launch site located in Marblehead Harbor at approximate position 42°30′34″ N, 070°50′9″ W.
(5) Salem 4th of July Fireworks
Sponsor: City of Salem.
Date: 9 p.m. until 10:15 p.m. on July
4, 2009; if postponed, July 5, 2009 at the
same times.

Regulated
area:
Salem
Harbor,
Salem, MA. All waters of Salem Harbor, from surface to bottom, within a
100 yard radius of the fireworks launch
site located on Derby Wharf approximate position 42°31′8.7″ N, 70°53′8″ W.
(6) New England Sand Sculpting Festival Fireworks
Sponsor: Town of Revere.
Enforcement Date: 9 p.m. to 11 p.m.
on July 18, 2009; if postponed, July 19,
2009 at the same times.
Regulated area: All waters of Broad
Sound, from surface to bottom, within
a 300 yard radius of the fireworks
launch site located at Revere Beach at
approximate
position
42°24′30″
N,
070°59′26″ W.
(7) City of Lynn 4th of July Fireworks
Sponsor: City of Lynn.
Enforcement Date: 6 p.m. through 11
p.m. on July 3, 2009; if postponed, July
5, 2009 at the same times.
Regulated area: All waters of Nahant
Bay, from surface to bottom, within a
200 yard radius of the fireworks barge
located
at
approximate
location
42°27′37″ N, 070°55′35″ W.
(8) Nahant 4th of July Fireworks
Sponsor: Town of Nahant.
Enforcement Date: 9 p.m. until 11
p.m. on July 4, 2009; if postponed, July
5, 2009 at the same times.
Regulated area: The area of Nahant
Harbor within a 200 yard radius of the
fireworks launch site on Bailey’s Hill
Park located at approximate position
42°25′6″ N, 070°55′48″ W.
(9) Celebrate Revere Fireworks
Sponsor: Town of Revere.
Enforcement Date: 9 p.m. to 11 p.m.
on August 15, 2009; if postponed, August
16, 2009 at the same times.
Regulated area: Broad Sound, Revere, MA. All waters from surface to
bottom, within a 300 yard radius of the
fireworks launch site located at Revere
Beach at approximate position 42°24′30″
N, 070°59′26″ W.
(10) Beverly Homecoming Fireworks
Sponsor: Beverly Harbormaster.
Enforcement Date: 9 p.m. through 11
p.m. on August 9, 2009.
Regulated area: Beverly Harbor, Beverly, MA. All waters from surface to
bottom, within a 200 yard radius of the
fireworks barge located at approximate
position 42°32′37″ N, 070°52′09″ W.
(11) Beverly 4th of July Fireworks

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Coast Guard, DHS

§ 165.T01–0512

Sponsor: Beverly Harbormaster.
Enforcement Date: 9 p.m. until 11
p.m. on July 4, 2009; if postponed, July
5, 2009 at the same times.
Regulated area: Beverly Harbor, Beverly, MA. All waters from surface to
bottom, within a 200 yard radius of the
fireworks barge located at approximate
position 42°32′37″ N, 070°52′09″ W.
(12) Surfside Fireworks
Effective Date: From June 27, 2009
through September 5, 2009.
Enforcement Date: Every Saturday
evening from 9:30 p.m. through 10:30
p.m.
Regulated area: All waters of the Atlantic Ocean near Salisbury Beach, MA
from surface to bottom, within a 200
yard radius of the fireworks barge located at 42°50′36″ N, 070°48′24″ W.
(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, Sector Boston, to patrol
each event.
(1) In accordance with the general
regulations in § 165.23 of this part, entering into, transiting through, or anchoring within these zones is prohibited, unless authorized by the Patrol
Commander.
(2) Each person in a safety zone who
receives notice of a lawful order or direction issued by an official patrol vessel shall obey the order or direction.
(3)
The
Patrol
Commander
(PATCOM) is empowered to forbid and
control the movement of all vessels in
the regulated area. The Patrol Commander shall be designated by the
Commander, Sector Boston; will be a
U.S. Coast Guard commissioned officer,
warrant officer or petty officer to act
as the Sector Commander’s official representative; and will be located aboard
the lead official patrol vessel.
(4) Vessel operators desiring to enter
or operate within the safety zone must
contact the Captain of the Port (COTP)
or the COTP’s designated representative to obtain permission by calling the
Sector Boston Command Center at 617–
223–5761. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions
given to them by the COTP or the
COTP’s designated representative.

(5) The Patrol Commander may, upon
request, allow the transit of commercial vessels through regulated areas
when it is safe to do so.
(c) All coordinates reference 1983
North American Datum (NAD83).
EFFECTIVE DATE NOTE: By USCG–2009–0422,
74 FR 31353, July 1, 2009, temporary § 165.T01–
0422 was added, effective from June 27, 2009
through Sept. 5, 2009.

§ 165.T01–0512 Safety Zone: F/V PATRIOT, Massachusetts Bay, MA.
(a) Location. The following area is a
safety zone: All navigable waters, from
surface to bottom, of Massachusetts
Bay within a 500-yard radius of the F/V
PATRIOT while located in its currently approximate position of 42°24′27″
N, 070°27′17″ W. When the vessel is refloated during salvage operations, the
safety zone will reduce to a 50-yard radius and move with the F/V PATRIOT
until safely moored.
(b) Definitions. The following definition applies to this section: Designated
representative means any commissioned, warrant, and petty officers of
the Coast Guard on board Coast Guard,
Coast Guard Auxiliary, and local,
state, and federal law enforcement vessels who have been authorized to act on
the behalf of the Captain of the Port
Boston.
(c) Regulations. (1) The general regulations contained in 33 CFR 165.23
apply.
(2) In accordance with the general
regulations in § 165.23 of this part, all
vessels and persons are prohibited from
entering the safety zone without permission from the Captain of the Port
Boston. In addition, all vessels and persons are prohibited from anchoring,
diving, dredging, dumping, fishing,
trawling, laying cable, or conducting
salvage operations in this zone except
as authorized by the Coast Guard Captain of the Port Boston.
(3) All persons and vessels shall comply with the Coast Guard Captain of
the Port Boston or designated representative.
(4) Upon being hailed by a U.S. Coast
Guard vessel or designated representative by siren, radio, flashing light or
other means, the operator of the vessel
shall proceed as directed.

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§ 165.100

33 CFR Ch. I (7–1–09 Edition)

(5) Persons desiring to enter the safety zone may request permission from
the Captain of the Port Boston via
VHF Channel 16 or via telephone at
(617) 223–3201.
(d) Enforcement Period. This rule
will be enforced from midnight June 11,
2009, until midnight July 25, 2009.
EFFECTIVE DATE NOTE: By USCG–2009–0512,
74 FR 29425, June 22, 2009, temporary
§ 165.T01–0512 was added, effective from midnight June 11, 2009 through midnight July 25,
2009.

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§ 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
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).

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(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 ei-

ther 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
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

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33 CFR Ch. I (7–1–09 Edition)

(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 au-

thorized 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;
CGD01–04–133, 72 FR 70780, Dec. 13, 2007;
USCG–2008–0179, 73 FR 35016, June 19, 2008]

§ 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°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
yards southwest of Walkers Point located at latitude 43°20.2′ North, longitude 070°27.9′ West; thence to a point
located approximately 500 yards south
of Walkers Point at latitude 43°20.1′
North, longitude 070°27.6′ West; thence
to a point located approximately
southeast of Walkers Point at latitude
43°20.4′ North, longitude 070°27.2′ West;
thence to an unnamed point of land located at 43°20.9′ North, longitude
070°27.1′ 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 § 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]

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§ 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 §§ 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]

§ 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 Iron Works 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 § 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 Guard Auxiliary, local,
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 Radio Broadcasts.
[CGD01–01–155, 67 FR 49582, July 31, 2002]

§ 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:

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33 CFR Ch. I (7–1–09 Edition)

(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 § 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]

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§ 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°53′58″ N, 070°51′06″
W then running along the property
boundaries of Seabrook Nuclear Power
Plant to position 42°53′46″ N, 070°51′06″

W. All coordinates reference 1983 North
American Datum (NAD 83).
(b) Regulations. (1) In accordance with
the general regulations in § 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]

§ 165.110 Safety and Security Zone;
Liquefied Natural Gas Carrier
Transits and Anchorage Operations,
Boston, Massachusetts.
(a) Definitions. As used in this section—
Authorized representative means a
Coast Guard commissioned, warrant, or
petty officer or a Federal, State, or
local law enforcement officer designated by or assisting the Captain of
the Port (COTP) Boston.
Deepwater port means any facility or
structure meeting the definition of
deepwater port in 33 CFR 148.5.
Support vessel means any vessel meeting the definition of support vessel in
33 CFR 148.5.
(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′ N, 070 deg. 58′ W; then running southeast to position 42 deg. 22′ N,

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070 deg. 56′ W; then running east to position 42 deg. 22′ N, 070 deg. 50′ W; then
running north to position 42 deg. 25′ N,
070 deg. 50′ 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.
(4) Vessels calling on a deepwater port.
All waters within a 500-meter radius of
any LNGC engaged in regasification or
transfer, or otherwise moored, anchored, or affixed to a deepwater port
listed in 33 CFR 150.490 and falling
within the waters of the Boston COTP
Zone, as defined in 33 CFR 3.05–10.
(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) No person or vessel may enter the
waters within the boundaries of the
safety and security zones described in
paragraph (b) of this section unless previously authorized by the COTP Boston, or his/her authorized representative. However, LNGCs and support vessels, as defined in 33 CFR 148.5, operating in the vicinity of NEGDWP are
authorized to enter and move within
such zones in the normal course of
their operations following the requirements set forth in 33 CFR 150.340 and
150.345, respectively.
(3) All vessels operating within the
safety and security zones described in
paragraph (b) of this section must comply with the instructions of the COTP
or his/her authorized representative.

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[CGD01–02–023, 67 FR 63263, Oct. 11, 2002, as
amended by USCG–2007–0087, 73 FR 34194,
June 17, 2008]

§ 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 under-

way 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]

§ 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.
(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]

§ 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

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§ 165.114

33 CFR Ch. I (7–1–09 Edition)

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°22′45″ N., 071°01′05″
W. and 42°21′48″ N., 071°01′45″ 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]

§ 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°20′25″ N, 070°57′15″ W, to
Long Island, at position 42°19′48″ N,
070°57′15″ 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.
(c) Regulations. (1) In accordance with
the general regulations in §§ 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,

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§ 165.117

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]

§ 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°57′5″ N, 070°34′42″ W; then running
southeast to position 41°56′40.5″ N,
070°41′4.5″ W; then running southwest to
position 41°56′32″ N, 070°34′14″ W; then
running
northwest
to
position
41°56′55.5″ N, 070°34′52″ W; then running
northeast back to position 41°57′5″ N,
070°34′42″ W.
(b) Regulations. (1) In accordance with
the general regulations in §§ 165.23 and
165.33 of this part, entry into or movement within these zones is prohibited
unless authorized by the Captain of the
Port Boston.
(2) All vessel operators shall comply
with the instructions of the 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]

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§ 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°31.33′
N, 070°52.67′ W when a vessel is moored
at this pier. All coordinates are North
American Datum 1983.
(b) Regulations. (1) In accordance with
the general regulations in § 165.23 and
§ 165.33 of this part, entry into or movement within these zones is prohibited
unless authorized by the Captain of the
Port Boston.
(2) All vessel operators shall comply
with the instructions of the Captain of
the Port or the designated on-scene
U.S. Coast Guard patrol personnel. Onscene 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, as
amended by USCG–2009–0416, 74 FR 27441,
June 10, 2009]

§ 165.117 Regulated Navigation Areas,
Safety and Security Zones: Deepwater Ports, First Coast Guard District.
(a) Location—(1) Regulated navigation
areas. All waters within a 1,000 meter
radius of the geographical positions set
forth in paragraph (a)(3) of this section
are designated as regulated navigation
areas.
(2) Safety and security zones. All waters within a 500-meter radius of the
geographic positions set forth in paragraph (a)(3) of this section are designated as safety and security zones.
(3) Coordinates. (i) The geographic coordinates forming the loci for the regulated navigation areas, safety and security zones for the Northeast Gateway
Deepwater Port are: 42°23′38″ N,
070°35′31″ W; and 42°23′56″ N, 070°37′00″ W
(NAD 83).
(ii) [Reserved]

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§ 165.120

33 CFR Ch. I (7–1–09 Edition)

(b) Definitions. As used in this section—
Authorized representative means a
Coast Guard commissioned, warrant, or
petty officer or a Federal, State, or
local law enforcement officer designated by or assisting the Captain of
the Port (COTP) Boston.
Deepwater port means any facility or
structure meeting the definition of
deepwater port in 33 CFR 148.5.
Dredge means fishing gear consisting
of a mouth frame attached to a holding
bag constructed of metal rings or
mesh.
Support vessel means any vessel meeting the definition of support vessel in
33 CFR 148.5.
Trap means a portable, enclosed device with one or more gates or entrances and one or more lines attached
to surface floats used for fishing. Also
called a pot.
(c) Applicability. This section applies
to all vessels operating in the regulated navigation areas set forth in
paragraph (a) of this section, except—
(1) Those vessels conducting cargo
transfer operations with the deepwater
ports whose coordinates are provided in
paragraph (a)(3) of this section,
(2) Support vessels operating in conjunction therewith, and
(3) Coast Guard vessels or other law
enforcement vessels operated by or
under the direction of an authorized
representative of the COTP Boston.
(d) Regulations. (1) No vessel may anchor or engage in commercial fishing
using nets, dredges, or traps (pots) in
the regulated navigation areas set
forth in paragraph (a)(1) of this section.
(2) In accordance with the general
regulations in §§ 165.23 and 165.33 of this
part, entry into or movement within
the safety and security zones designated in paragraph (a)(2) of this section is prohibited unless authorized by
the COTP Boston, or his/her authorized
representative.
(3) Notwithstanding paragraph (d)(2)
of this section, tankers and support
vessels, as defined in 33 CFR 148.5, operating in the vicinity of NEGDWP are
authorized to enter and move within
such zones in the normal course of
their operations following the requirements set forth in 33 CFR 150.340 and
150.345, respectively.

(4) All vessels operating within the
safety and security zones described in
paragraph (a)(2) of this section must
comply with the instructions of the
COTP or his/her authorized representative.
[USCG–2007–0087, 73 FR 34194, June 17, 2008]

§ 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
(in the approximate position of latitude 42°23′10.3″ N., longitude 71°01′21.2″
W.). [NAD83].
(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 an individual holding a
valid merchant mariner’s license or
merchant mariner credential endorsed
as 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
latitude

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Coast Guard, DHS

§ 165.122

42°23′05.2″ N., longitude 71°01′35.8″ W.)—
or the Mobile Oil Terminal located on
the East Boston Side of the Chelsea
River downstream of the Chelsea
Street Bridge (approximate position
latitude
42°23′04.9″
N.,
longitude
71°01′28.52″ W.): [NAD83].
(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.

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[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; USCG–
2006–24371, 74 FR 11213, Mar. 16, 2009; USCG–
2009–0416, 74 FR 27441, June 10, 2009]

§ 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°25′ N, Longitude 71°23′

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 1000yard 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
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 §§ 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]

§ 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°23.0′ N Latitude, 71°23.4′
W Longitude, and Fox Point, Providence.
(b) Regulations. (1) The following restrictions apply in the portion of the

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§ 165.130

33 CFR Ch. I (7–1–09 Edition)

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°43.7′ N
Latitude, 71°21.8′ W Longitude, (LLNR
18330) and Channel Lighted Buoy 20,
41°43.7′ N Latitude, 71°21.8′ W Longitude, (LLNR 18335).
(4) Vessels over 65 feet in length inbound for berths up the Providence
River, planning to transit through the
deep draft channel, are required to
make Safety Signal (SECURITE) calls
on both VHF channels 13 and 16 at the
following geographic locations: Pilot’s
Station, Abeam of Castle Hill, Approaching the Newport bridge, South of
Prudence Island, Abeam of Sandy
Point, Abeam of Popasquash Point, Approaching
the
Southern
End
of
Rumstick Neck Reach, Abeam of
Conimicut Point Light (LLNR 18305),
Abeam of Gaspee Point, Abeam of
Sabin Point and upon mooring.
(5) Vessels over 65 feet in length outbound for sea down the Providence
River Channel transiting through this
regulated navigation area are required
to make SECURITE calls on VHF
channels 13 and 16 at the following geographic locations: one-half hour prior

to departure from the berth, at departure from the berth, Abeam of Sabin
Point, Abeam of Gaspee Point, and
Abeam of Conimicut Light (LLNR
18305).
(6) Vessels 65 feet and under in length
and all recreational vessels when meeting deep draft commercial vessel traffic in the Providence River Channel between Conimicut Light (LLNR 18305)
and Channel Light 42 (LLNR 18580,
Fuller Rock Light) shall keep out of
the way of the oncoming deep draft
commercial vessel.
(7) The Captain of the Port, Providence, may authorize a deviation from
these regulations.
(c) Enforcement. Violations of this
regulated navigation area should be reported to the Captain of the Port,
Providence, at (401) 435–2300. Persons in
violation of these regulations will be
subject to civil penalty under § 165.13(b)
of this part.
[CGD01–93–030, 59 FR 18489, Apr. 19, 1994]

§ 165.130 Sandy Hook Bay, New Jersey—security zone.
(a) Naval Ammunition Depot Piers. The
navigable waters within the following
boundaries are a security zone: A line
beginning on the shore at 40°25′55.6″ N,
074°04′31.4″ W; thence to 40°26′54.0″ N,
074°03′53.0″ W; thence to 40°26′58.0″ N,
074°04′03.0″ W; thence to 40°27′56.0″ N,
074°03′24.0″ W; thence to 40°27′28.5″ N,
074°02′10.4″ W; thence to 40°26′29.5″ N,
074°02′51.2″ W; thence to 40°26′31.4″ N,
074°02′55.4″ W; thence to 40°25′27.1″ N,
074°03′39.7″ W; thence northwest along
the shoreline to the beginning point.
(b) Terminal Channel. The waters
within the following boundaries are a
security zone—A line beginning at
40°27′41.2″ N, 74°02′46″ W; then to 40°28′27″
N, 74°02′17.2″ W; then to 40°28′21.1″ N,
74°02′00″ W; then to 40°28′07.8″ N,
74°02′22″ W; then to 40°27′39.8″ N,
74°02′41.4″ W; then 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 § 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

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Coast Guard, DHS

§ 165.150

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; USCG–2007–0074, 74 FR 7191, Feb. 13,
2009]

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§ 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°20′16″ N,
72°04′47″ W; then running west to
41°20′16″ N, 72°04′57″ W; then running
north to 41°20′26″ N, 72°04′57″ W; then
northwest to 41°20′28.7″ N, 72°05′01.7″ W;
then north-northwest to 41°20′53.3″ N,
72°05′04.8″ W; then north-northeast to
41°21′02.9″ N, 72°05′04.9″ W; then east to a
point on shore at 41°21′02.9″ N, 72°04′58.2″
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°23′15.8″ N., 72°05′17.9″
W.; then to 41°23′15.8″ N., 72°05′22″ W.;
then to 41°23′25.9″ N., 72°05′29.9″ W.; then
to 41°23′33.8″ N., 72°05′34.7″ W.; then to
41°23′37.0″ N., 72°05′38.0″ W.; then to
41°23′41.0″ N., 72°05′40.3″ W.; then to
41°23′47.2″ N., 72°05′42.3″ W.; then to
41°23′53.8″ N., 72°05′43.7″ W.; then to
41°23′59.8″ N., 72°05′43.0″ W.; then to
41°24′12.4″ N., 72°05′43.2″ W.; then to a
point on the shoreline at 41°24′14.4″ N.,
72°05′38″ 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 Di-

vision 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]

§ 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°06′19″ N, 70°27′09″ 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,
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]

§ 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°17′50″ N, 72°54′36″ W thence along a

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§ 165.151

33 CFR Ch. I (7–1–09 Edition)

line 126°T to point B at the southwest
corner of the Gulf facility at 41°17′42″
N, 72°54′21″ W thence north along the
shoreline to point C at the northwest
corner of the Texaco terminal dock
41°17′57″ N, 72°54′06″ W thence along a
line 303°T to point D at the west bank
of the mouth of the Mill River 41°18′05″
N, 72°54′23″ 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]

§ 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 800foot radius of the fireworks barge located in approximate position 41°00′35″
N, 073°37′05″ 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°03′11″ N, 073°26′41″ 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°53′00″ N, 073°29″
13″ W.
(4) Groton Long Point Yacht Club Fireworks Safety Zone. All waters of Long
Island Sound off of Groton Long Point,
Groton, CT, within a 600-foot radius of
the fireworks barge in approximate position 41°18′05″ N, 072°02″ 08″ 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°15′07″ N, 072°57′26″ W.
(6) New Haven Festival Fireworks Safety Zone. All waters of New Haven Harbor on Long Island Sound within a 1200foot radius of the fireworks barge in
approximate
position
40°17′31″
N,
072°54′48″ 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°16′10″ N, 072°36′30″ W.
(8) Arnold L. Chase Fireworks Safety
Zone. All waters of Connecticut River

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§ 165.151

within a 600 foot radius of the fireworks barge located in approximate position 41°15′56″ N, 072°21′49″ 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°17′35″ N, 072°21′20″ W.
(10) Mashantucket Pequot Fireworks
Safety Zone. All waters of the Thames
River off of New London, CT, within a
1200–foot radius of a fireworks barge located
in
approximate
position
41°20′57.1″ N, 72°05′22.1″ W; and within
1000–feet of fireworks barges located in
approximate positions: barge one,
41°21′03.3″ N, 72°05′24.5″ W; and barge
two, 41°20′51.75″ N, 72°05′18.90″ W.
(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°31′14″ N, 072°04′44″ 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°45′34″ N, 072°39′37″ 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°51′48″
N,
072°28′30″ 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°41′17″ N, 073°00′20″ 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°44′38″
N,
073°00′33″ 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°35′45″
N,
073°05′23″ 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°54′04″ N, 072°16′50″ W, off of
Sagaponack, NY.
(18) Norwich July Fireworks Safety
Zone. All waters of the Thames River
within a 600–foot radius of the fireworks launch area in approximate position 41°31′20.9″ N, 072°04′45.9′ W, located
off of Norwich, CT.
(19) Town of Branford Fireworks Safety
Zone. All waters of Branford Harbor off
of Branford Point within a 600–foot radius of the fireworks launch area located on Branford Point in approximate position 41°15′30″ N, 072°49′22″ W.
(20) Vietnam Veterans Local 484/Town
of East Haven Fireworks Safety Zone. All
waters of Long Sound off of Cosey
Beach, East Haven, CT within a 1000–
foot radius of the fireworks barge in
approximate
position
41°14′19″
N,
072°52′9.8″ W.
(21) Westport Police Athletic League
Fireworks Safety Zone. All waters of
Long Island Sound off Compo Beach,
Westport, CT within a 800–foot radius
of the fireworks barge in approximate
position 41°09′2.5″ N, 073°20′1.1″ W.
(22) Westbrook, CT July Celebration
Safety Zone. All waters of Westbrook
Harbor in Long Island Sound within a
800–foot radius of the fireworks barge
located
in
approximate
position
41°16′50″ N, 072°26′14″ W.
(23) Norwalk Fireworks Safety Zone.
All waters of Long Island Sound off of
Calf Pasture Beach in Norwalk, CT
within a 1000–foot radius of the fireworks barge located in approximate position 40°05′10″ N, 073°23′20″ W.
(24) Town of Stratford Fireworks Safety
Zone. All waters of Long Island Sound
off of Short Beach in Stratford, CT,
within a 800–foot radius of the fireworks launch area located in approximate position 41°09′5″ N, 073°06′5″ W.
(25) Old Black Point Beach Association
Fireworks Safety Zone. All waters of
Long Island Sound off Old Black Point
Beach in East Lyme, CT, within a 1000foot radius of the fireworks launch
area located on Old Black Point Beach
in approximate position 41°17′34.9″ N,
072°12′55.6″ W.
(26) Village of Asharoken Fireworks
Safety Zone. All waters of Northport
Bay off of Asharoken Beach in
Asharoken, NY within a 600-foot radius
of the fireworks launch area located in

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33 CFR Ch. I (7–1–09 Edition)

approximate position 40°55′30″ N, 072°21′
W.
(b) Notification. Coast Guard Sector
Long Island Sound and Coast Guard
Sector Field Office 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’’. Displays launched from
shore sites will have a sign labeled
‘‘FIREWORKS—STAY AWAY’’ with
the same size requirements. The signs
required by this section must consist of
red letters at least 10 inches high, and
1.5 inch thick on a white background.
(c) Enforcement period. Specific zones
in this section will be enforced from 8
p.m. to 11 p.m. each day a barge or land
based launch site with sign reading
‘‘FIREWORKS—STAY
AWAY’’
is
present 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;
CGD01–05–012, 70 FR 43764, July 29, 2005]

erowe on DSK5CLS3C1PROD with CFR

§ 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°37.523′
N, 073°15.685′ W; then north to 40°37.593′
N, 073°15.719′ W; then east to 40°37.612′
N, 073°15.664′ W; then east to 40°37.630′
N, 073°15.610′ W; then east to 40°37.641′
N, 073°15.558′ W; then southeast to
40°37.630′ N, 073°15.475′ W; then southeast to 40°37.625′ N, 073–15.369′ W; then
southeast to 40°37.627′ N, 073°15.318′ W;
then southeast to point on shore at
40°37.565′ N, 073°15.346′ W. All coordinates are North American Datum 1983.

(b) Regulations. (1) The general regulations contained in 33 CFR § 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 onscene patrol personnel aboard, the operator of the vessel shall proceed as directed.
[CGD01–03–025, 69 FR 26045, May 11, 2004]

§ 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.

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§ 165.153

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
securite´ 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
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

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33 CFR Ch. I (7–1–09 Edition)

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 operator, master, COTP, or the designated
COTP on-scene patrol.
(7) Vessels engaged in commercial service. No vessel may enter within a 100yard 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 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.

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[CGD01–02–104, 68 FR 48802, Aug. 15, 2003, as
amended by USCG–2006–24371, 74 FR 11213,
Mar. 16, 2009]

§ 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 100yard 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 § 165.23 and § 165.33
of this part apply.
(2) In accordance with the general
regulations in § 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 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]

§ 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°00″ N, 072°38″ 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

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Coast Guard, DHS

§ 165.161

vessels via Marine Safety Information
Radio Broadcast.

thereafter at dates and times specified
in a FEDERAL REGISTER notice.

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

[USCG–2008–0264, 73 FR 51367, Sept. 3, 2008]

erowe on DSK5CLS3C1PROD with CFR

§ 165.158 Safety
Zone:
Patchogue
Grand
Prix,
Patchogue
Bay,
Patchogue, NY.
(a) Location. The following area is a
safety zone: All navigable waters of
Patchogue Bay, NY bounded by an area
beginning at a point on land in
Patchogue, NY at approximate position
40°44′56″ N, 073°00′49″ W; then running
south to a point in Patchogue Bay at
approximate
position
40°44′29″
N,
073°00′49″ W; then running south east to
a point in Great South Bay at approximate position 40°43′47″ N, 072°59′54″ W;
then running east to approximate position 40°43′53″ N, 072°58′46″ W; then to approximate position 40°43′57″ N, 072°57′06″
W; then north to a point on land at approximate position 40°44′29″ N, 072°57′09″
W. All coordinates are North American
Datum 1983.
(b) Definitions. The following definitions apply to this section: Designated
on-scene patrol personnel, means any
commissioned, warrant and petty officers of the U.S. Coast Guard operating
Coast Guard vessels who has been authorized to act on the behalf of the
Captain of the Port Long Island Sound.
(c) Regulations. (1) The general regulations contained in 33 CFR § 165.23
apply.
(2) 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 Long Island
Sound.
(3) All persons and vessels must comply with the Coast Guard Captain of
the Port or the designated on-scene patrol personnel.
(4) Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of
the vessel must proceed as directed.
(5) Persons and vessels may request
permission to enter the zone on VHF–16
or via phone at (203) 468–4401.
(d) Enforcement period. This rule will
be enforced from 11 a.m. to 5 p.m. on
August 22, 23, and 24, 2008 and each year

§ 165.161 Safety zones: Coast Guard
Captain of the Port New York annual fireworks displays.
(a) Safety zones. The following areas
are designated safety zones:
(1) Bar Beach fireworks, Hempstead
Harbor, NY:
(i) Location. All waters of Hempstead
Harbor within a 300-yard radius of the
fireworks barge in approximate position 40°49′54″ N 073°39′14″ 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) 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°21′20″ N 074°04′10″ W
(NAD 1983), about 360 yards northwest
of Red Bank, NJ.
(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 July 3rd. If the event is cancelled due to inclement weather, then

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§ 165.162

33 CFR Ch. I (7–1–09 Edition)

paragraph (a)(3)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m.
(e.s.t.) on July 4th.
(4) 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)(4)(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)(4)(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.
(5) 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)(5)(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)(5)(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.
(6) 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)(6)(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)(6)(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 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. 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.
[USCG–2008–0179, 73 FR 35016, June 19, 2008]

§ 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°45′52″
N 074°01′01″ W (NAD 1983) and north of
a line connecting the following points
(all coordinates are NAD 1983):
Latitude

Longitude

40°42′16.0″ N

074°01′09.0″ W, then south
to
074°01′16.0″ W, then west to
074°01′36.0″ W, then
northwest to
074°01′59.0″ W, then to
shore at
074°02′06.0″ W.

40°41′55.0″ N
40°41′47.0″ N
40°41′55.0″ N
40°42′20.5″ N

(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]

§ 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

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§ 165.164

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°46′10″ N 074°00′13″ W (NAD 1983),
south to approximate position 40°45′54″
N 074°00′25″ 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
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]

§ 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°42′01″
N 074°00′39″ W (east of The Battery) to
40°41′36″ N 074°00′52″ 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°46′47″ N 073°53′05″ W (NAD 1983)
to the Rikers Island Bridge at approximate position 40°46′51″ N 073°53′21″ W
(NAD 1983) and east of a line drawn between the point at the Rikers Island
Bridge to a point on the shore in

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33 CFR Ch. I (7–1–09 Edition)

Queens, New York, at approximate position 40°46′36″ N 073°53′31″ W (NAD
1983).
(4) Location. All waters of the East
River bound by the following points:
40°44′37″ N, 073°58′16.5″ W (the base of
East 35th Street, Manhattan), then
east to 40°44′34.5″ N, 073°58′10.5″ W
(about 175 yards offshore of Manhattan), then northeasterly to 40°45′29″ N,
073°57′26.5″ W (about 125 yards offshore
of Manhattan at the Queensboro
Bridge), then northwesterly to 40°45′31″
N, 073°57′30.5″ W (Manhattan shoreline
at the Queensboro Bridge), then southerly to the starting point at 40°44′37″ N,
073°58′16.5″ 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°44′37″
N,
073°58′16.5″ W (the base of East 35th
Street, Manhattan), to approximate position 40°44′23″ N, 073°57′44.5″ 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.

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

§ 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
Pier), Battery Park City, in approximate position 40°42′15.4″ N 074°01′06.8″ W
(NAD 1983) to the easternmost corner
of the Ellis Island Security Zone, in approximate
position
40°41′57.6″
N
074°02′06.7″ W (NAD 1983); north of a line
drawn from Pier 7, Jersey City, NJ, in
approximate position 40°41′26.4″ N
074°03′17.3″ W (NAD 1983) to Liberty Island Lighted Gong Buoy 29 (LLNR
34995),
in
approximate
position
40°41′02.2″ N 074°02′24.7″ W (NAD 1983),
on to Governor’s Island Extension
Light (LLNR 35000), in approximate position 40°41′08.3″ N 074°01′35.4″ W (NAD
1983); all waters of the East River north
of a line drawn from Governors Island,
in approximate position 40°41′25.3″ N
074°00′42.5″ 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

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the east bank of the East River between the Williamsburg Bridge and
North 9th Street, Brooklyn. This area
is bound by the following points:
40°42′45.5″ N 073°58′07.4″ W; thence to
40°42′50.4″ N 073°58′23.2″ W; thence to
40°43′23.1″ N 073°58′12.7″ W; thence to
40°43′21.5″ N 073°57′45.7″ W; (NAD 1983)
thence back to the point of beginning.
All vessels must be in this location by
6:30 p.m. (e.s.t.) the day of the event.

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

§ 165.168 Safety Zones; Coast Guard
Captain of the Port 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°41′16.5″ N
074°02′23″ 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 360yard radius of the fireworks barge located between Federal Anchorages 20–A
and 20–B, in approximate position
40°41′45″ N 074°02′09″ W (NAD 1983),
about 365 yards east of Ellis Island.
(3) South Beach, Staten Island Safety
Zone: All waters of Lower New York
Bay within a 360-yard radius of the
fireworks barge in approximate position 40°35′11″ N 074°03′42″ 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°30′04″ N 074°15′35″ 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°34′11″ N 073°59′00″ 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°38′50″ N 074°10′58″ 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°41′39.9′ N
074°02′33.7′ 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°34′28.2′ N
073°50′00.0′ 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°34′19.1′ N
073°54′43.5′ 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°39′18.8″ N 074°04′39.1″ 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°34′12.0″ N 074°04′29.6″ 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°30′52.1″ N 074°10′58.8″ 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 300yard radius of the fireworks barge in
approximate
position
40°56′21″
N
073°41′23″ 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 360yard radius of the fireworks barge in

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approximate
position
40°55′21″
N
073°43′41″ 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 240yard radius of the fireworks barge in
approximate
position
40°54′45″
N
073°44′55″ 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°57′47″ N
073°40′06″ 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 240yard radius of the fireworks barge in
approximate
position
40°53′12″
N
073°46′33″ 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 200yard radius of the fireworks land shoot
in approximate position 40°52′10″ N
073°47′07″ W (NAD 1983), at the east end
of Orchard Beach, New York.
(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°53′46″ N 073°46′04″
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°51′58″ N 073°39′34″ 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°49′50″ N 073°39′12″ 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°55′21.8″ N
073°44′21.7″ 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°51′43.5″ N 073°47′36.3″ W;
thence to 40°52′12.2″ N 073°47′13.6″ W;
thence to 40°52′02.5″ N 073°46′47.8″ W;
thence to 40°51′32.3″ N 073°47′09.9″ W
(NAD 1983), thence to the point of origin.
(c) East River. The following areas are
safety zones:
(1) Pier 14, East River Safety Zone: All
waters of the East River within a 180yard radius of the fireworks barge in
approximate position 40°42′07.5″ N
074°00′06″ 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°46′55.5″ N 073°55′33″ 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 180yard radius of the fireworks barge in
approximate position 40°42′12.5″ N
074°00′02.0″ 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°44′24.0′ N 073°58′00.0″ 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°44′49″ N
074°01′02″ 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 360yard radius of the fireworks barge in
approximate
position
40°42′00″
N
074°01′17″ W (NAD 1983), about 500 yards

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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°42′39″ N 074°01′21″ 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°46′11.8′ N
074°00′14.8″ 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°56′14.5″ N 073°54′33″ 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°59′44.5″ N 073°53′28″ 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°42′57.5″ N
074°01′34″ W (NAD 1983), about 375 yards
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°44′31″ N
074°01′00″ 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°45′56.9″ N
074°00′25.4″ 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°17′16″
N 073°56′18″ 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°42′37.3″ N 074°01′41.6″ 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°30′01.2″ N
073°59′42.5″ 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]

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§ 165.169

33 CFR Ch. I (7–1–09 Edition)

§ 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°16′12.4″ N, 073°57′16.2″ 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) Part 105 Facilities—(i) Definition.
For the purposes of this section, Part
105 Facility means any facility subject
to the regulations contained in 33 CFR
part 105, including those designated as
‘‘Public Access Facilities’’ as defined
in 33 CFR 101.105. For public identification purposes, all of these facilities are
required to have signs posted along the
shoreline, facing the water, indicating
that there is a 25 yard waterfront security zone surrounding the facilities.
(ii) Location. All waters within 25
yards of each Part 105 Facility. When a
barge, ferry, or other commercial vessel is conducting transfer operations at
a Part 105 Facility, the 25-yard zone is
measured from the outboard side of the
commercial vessel.
(iii) Regulations. (A) Vessels not actively engaged in passenger, cargo, provision, facility maintenance or inspection, bunker transfer operations, or
docking or undocking operations, authorized in advance by the Facility Security Plan, Facility Security Officer
or designated representative, must not
enter within any part of a zone described in paragraph (a)(3) of this section without the express permission of
the Coast Guard Captain of the Port, a
designated
representative
or
designated on-scene patrol personnel.
(B) Persons seeking Captain of the
Port permission to enter within a particular zone for official business other
than authorized passenger, cargo, pro-

vision, facility maintenance or inspection, bunker transfer operations or authorized docking or undocking operations may request such authorization
by contacting: Commander Coast
Guard Sector New York, via the Sector
Command Center (SCC), at: 212 Coast
Guard Drive, Staten Island, NY 10305,
or via fax to (718) 354–4125 or by contacting the Sector Command Center
Duty Officer by phone at: (718) 354–4353.
(C) Vessels may transit through any
portion of the zone that extends into
the navigable channel for the sole purpose of direct and expeditious transit
so long as they remain within the navigable channel, maintain the maximum
safe distance from the Part 105 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 navigable waters of the Hudson
River bound by the following points:
From the point 40°46′09″ N, 073°59′48.7″
W on the seawall midway between Pier
92 and 94, thence northwest to approximate position 40°46′14″ N, 074°00′00.9″ W,
approximately 125 yards northwest of
Pier 92, thence southwest to approximate position 40°45′56.7″ N, 074°00′15.3″
W, approximately 150 yards west of
Pier 86, thence east to the seawall between Pier 84 and Pier 86 at approximate position 40°45′49.6″ N, 073°59′58.1″
W (NAD 1983), thence northeast along
the shoreline to the point of origin.
(ii) Regulations. Vessels not actively
engaged in passenger, cargo, provision,
facility maintenance or inspection,

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bunker transfer operations, or docking
or undocking operations, authorized in
advance by the Facility Security Plan,
Facility Security Officer or designated
representative, must not enter within
any part of a zone described in paragraph (a)(6) of this section without the
express permission of the Coast Guard
Captain of the Port, a designated representative or designated on-scene patrol personnel. Persons seeking Captain of the Port permission to enter
within the zone described in paragraph
(a)(6) of this section for official business other than authorized passenger,
cargo, provision, facility maintenance
or inspection, bunker transfer operations or authorized docking or
undocking operations may request
such authorization by contacting:
Commander Coast Guard Sector New
York, via the Sector Command Center
(SCC), at: 212 Coast Guard Drive, Staten Island, NY 10305, or via fax to (718)
354–4125 or by contacting the Sector
Command Center Duty Officer by
phone at: (718) 354–4353.
(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°46′32.1″ N, 073°53′22.4″ W,
thence to 40°46′52.8″ N, 073°53′09.3″ W,
thence to 40°46′54.8″ N, 073°52′54.2″ W,
thence to 40°46′59.3″ N, 073°52′51.3″ W,
thence to 40°47′11.8″ N, 073°53′17.3″ W,
thence to 40°47′13.0″ N, 073°53′16.1″ W on
Rikers Island, thence easterly along
the Rikers Island shoreline to approximate position 40°47′12.9″ N, 073°52′17.9″
W, thence to 40°47′16.7″ N, 073°52′09.2″ W,
thence to 40°47′36.1″ N, 073°51′52.5″ W,
thence to 40°47′35.1″ N, 073°51′50.5″ W,
thence to 40°47′15.9″ N, 073°52′06.4″ W,
thence to 40°47′14.5″ N, 073°52′03.1″ W,
thence to 40°47′10.6″ N, 073°52′06.7″ W,
thence to 40°47′01.9″ N, 073°52′02.4″ W,
thence to 40°46′50.4″ N, 073°52′08.1″ W,
thence to 40°46′26.8″ N, 073°51′18.5″ W,
thence to 40°45′57.2″ N, 073°51′01.8″ W,
thence to 40°45′51.2″ N, 073°50′59.6″ W,
thence to 40°45′49.5″ N, 073°51′07.2″ W,
thence to 40°45′58.8″ N, 073°51′13.2″ W,
thence to 40°46′02.3″ N, 073°51′20.1″ W,
thence to 40°45′48.4″ N, 073°51′37.0″ 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°46′32.1″ N,
073°53′22.4″ W, thence to 40°46′50.6″ N,
073°53′07.3″ W, thence to 40°46′53.0″ N,
073°52′50.9″ W, thence to 40°46′57.6″ N,
073°52′47.9″ W, thence to 40°47′11.8″ N,
073°53′17.3″ W, thence to 40°47′13.0″ N,
073°53′16.1″ W on Rikers Island, thence
easterly along the Rikers Island shoreline to approximate position 40°47′12.9″
N, 073°52′17.9″ W, thence to 40°47′16.7″ N,
073°52′09.2″ W, thence to 40°47′36.1″ N,
073°51′52.5″ W, thence to 40°47′35.1″ N,
073°51′50.5″ W, thence to 40°47′15.9″ N,
073°52′06.4″ W, thence to 40°47′14.5″ N,
073°52′03.1″ W, thence to 40°47′07.9″ N,
073°52′09.2″ W, thence to 40°47′01.4″ N,
073°52′06.1″ W, thence to 40°46′50.0″ N,
073°52′14.6″ W, thence to 40°46′22.2″ N,
073°51′16.0″ W, thence to 40°45′57.2″ N,
073°51′01.8″ W, thence to 40°45′52.4″ N,
073°51′00.2″ W, thence to 40°45′50.6″ N,
073°51′07.9″ W, thence to 40°45′58.8″ N,
073°51′13.2″ W, thence to 40°46′04.0″ N,
073°51′23.3″ W, thence to 40°45′51.2″ N,
073°51′38.8″ 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 http://
homeport.uscg.mil/newyork.
(8) John F. Kennedy Airport, Jamaica
Bay, Queens, NY. (i) Location: Bergen
Basin. All waters of Bergen Basin north
of 40°39′26.4″ N.
(ii) Location: Thurston Basin. All waters of Thurston Basin north of
40°38′21.2″ N.

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(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°38′49.0″ N,
073°49′09.1″ W, thence to 40°38′42.5″ N,
073°49′13.2″ W, thence to 40°38′00.6″ N,
073°47′35.1″ W, thence to 40°37′52.3″ N,
073°47′55.0″ W, thence to 40°37′50.3″ N,
073°47′53.5″ W, thence to 40°37′59.4″ N,
073°47′32.6″ W, thence to 40°37′46.1″ N,
073°47′07.2″ W, thence to 40°37′19.5″ N,
073°47′30.4″ W, thence to 40°37′05.5″ N,
073°47′03.0″ W, thence to 40°37′34.7″ N,
073°46′40.6″ W, thence to 40°37′20.5″ N,
073°46′23.5″ W, thence to 40°37′05.7″ N,
073°46′34.9″ W, thence to 40°36′54.8″ N,
073°46′26.7″ W, thence to 40°37′14.1″ N,
073°46′10.8″ W, thence to 40°37′36.9″ N,
073°45′52.8″ W, thence to 40°38′00.8″ N,
073°44′54.9″ W, thence to 40°38′05.1″ N,
073°45′00.3″ 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°38′49.0″ N,
073°49′09.1″ W, thence to 40°38′45.1″ N,
073°49′11.6″ W, thence to 40°38′02.0″ N,
073°47′31.8″ W, thence to 40°37′52.3″ N,
073°47′55.0″ W, thence to 40°37′50.3″ N,
073°47′53.5″ W, thence to 40°38′00.8″ N,
073°47′29.4″ W, thence to 40°37′47.4″ N,
073°47′02.4″ W, thence to 40°37′19.9″ N,
073°47′25.0″ W, thence to 40°37′10.0″ N,
073°47′03.7″ W, thence to 40°37′37.7″ N,
073°46′41.2″ W, thence to 40°37′22.6″ N,
073°46′21.9″ W, thence to 40°37′05.7″ N,
073°46′34.9″ W, thence to 40°36′54.8″ N,
073°46′26.7″ W, thence to 40°37′14.1″ N,
073°46′10.8″ W, thence to 40°37′40.0″ N,
073°45′55.6″ W, thence to 40°38′02.8″ N,
073°44′57.5″ W, thence to 40°38′05.1″ N,
073°45′00.3″ 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 http://
homeport.uscg.mil/newyork.
(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°51′30.4″ N, 073°48′14.9″
W, thence to 40°51′29.9″ N, 073°48′20.7″ W,
thence to 40°51′16.9″ N, 073°48′22.5″ W,
thence to 40°51′07.5″ N, 073°48′18.7″ W,
thence to 40°50′54.2″ N, 073°48′11.1″ W,
thence to 40°50′48.5″ N, 073°48′04.6″ W,
thence to 40°50′49.2″ N, 073°47′56.5″ W,
thence to 40°51′03.6″ N, 073°47′47.3″ W,
thence to 40°51′15.7″ N, 073°47′46.8″ W,
thence to 40°51′23.5″ N, 073°47′41.9″ 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°51′30.4″ N,
073°48′14.9″ W, thence to 40°51′30.1″ N,
073°48′19.0″ W, thence to 40°51′16.8″ N,
073°48′20.5″ W, thence to 40°51′07.9″ N,
073°48′16.8″ W, thence to 40°50′54.9″ N,
073°48′09.0″ W, thence to 40°50′49.7″ N,
073°48′03.6″ W, thence to 40°50′50.1″ N,
073°47′57.9″ W, thence to 40°51′04.6″ N,
073°47′48.9″ W, thence to 40°51′15.9″ N,
073°47′48.4″ W, thence to 40°51′23.5″ N,
073°47′41.9″ 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 http://
homeport.uscg.mil/newyork.

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(10) Port Newark/Port Elizabeth, Newark Bay, NJ. All waters of Newark Bay
bound
by
the
following
points:
40°41′49.9″ N, 074°07′32.2″ W, thence to
40°41′46.5″ N, 074°07′20.4″ W, thence to
40°41′10.7″ N, 074°07′45.9″ W, thence to
40°40′54.3″ N, 074°07′55.7″ W, thence to
40°40′36.2″ N, 074°08′03.8″ W, thence to
40°40′29.1″ N, 074°08′06.3″ W, thence to
40°40′21.9″ N, 074°08′10.0″ W, thence to
40°39′27.9″ N, 074°08′43.6″ W, thence to
40°39′21.5″ N, 074°08′50.1″ W, thence to
40°39′21.5″ N, 074°09′54.3″ 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—(i) Location: 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°21′29.9″ N, 073°44′41.0″ W, thence to
40°21′04.5″ N, 073°45′31.4″ W, thence to
40°15′28.3″ N, 073°44′13.8″ W, thence to
40°15′35.4″ N, 073°43′29.8″ W, thence to
40°19′21.2″ N, 073°42′53.0″ W, (NAD 1983)
thence to the point of origin.
(ii) Enforcement period. 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 and the zone is activated
whenever a vessel is anchored in the
area described in paragraph (a)(12)(i) or
a Coast Guard patrol vessel is on-scene.
(iii) Regulations. (A) The area 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.
(B) 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.
(13) Liquefied Hazardous Gas (LHG)
Vessels—(i) Definitions. For the purposes
of this section, LHG Vessel means any
vessel constructed or converted to
carry, in bulk, any of the flammable or

toxic products listed in 33 CFR 127.005,
Table 127.005.
(ii) Location. All waters within a 200yard radius of any LHG Vessel that is
underway and all waters within a 100yard radius of any LHG Vessel that is
moored or at anchor.
(iii) Enforcement period. The zone described in paragraph (a)(13) of this section will be activated upon entry of a
LHG Vessel into the navigable waters
of the United States (see 33 CFR 2.36(a)
to include the 12 NM territorial sea) in
the New York Captain of the Port Zone
(33 CFR 3.05–30). The LHG Vessel will
be identifiable by the requirement to
fly the Bravo flag (red international
signal flag under Pub. 102, International Code of Signals) from the outermost halyard (above the pilot house)
where it can most easily be seen. In addition to visual identification of the
LHG Vessel, the Captain of the Port
will notify the maritime community of
periods during which this zone will be
enforced by methods in accordance
with 33 CFR 165.7.
(14) Cruise ships—(i) Definition. For
the purposes of this section, cruise ship
means a passenger vessel as defined in
46 U.S.C. 2101(22), that is authorized to
carry more than 400 passengers and is
200 or more feet in length. A cruise ship
under this section will also include ferries as defined in 46 CFR 2.10–25 that
are authorized to carry more than 400
passengers and are 200 feet or more in
length.
(ii) Location. All waters within a 100yard radius of any Cruise ship whether
underway, anchored, or at berth.
(iii) Enforcement period. The zone described in paragraph (a)(14) of this section will be activated upon entry of
any cruise ship into the navigable waters of the United States (see 33 CFR
2.36(a) to include the 12 NM territorial
sea) in the New York Captain of the
Port Zone (33 CFR 3.05–30). This zone
will remain activated at all times
while the cruise ship is within the navigable waters of the United States in
the New York Captain of the Port
Zone.
(15) Designated Vessels—(i) Definition.
For the purposes of this section, Designated Vessels are vessels carrying government officials, dignitaries, or other
passengers requiring protection by the

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33 CFR Ch. I (7–1–09 Edition)

U.S. Secret Service, or other Federal,
State or local law enforcement agency;
barges or ships carrying petroleum
products, chemicals, or other hazardous cargo; and passenger vessels (as
defined in 46 U.S.C. 2101(22)), that are
authorized to carry more than 400 passengers and are less than 200 feet in
length.
(ii) Location. All waters within a 100yard radius of any Designated Vessel.
(iii) Enforcement period. The zone described in paragraph (a)(15) of this section will be activated upon entry of
any Designated Vessel into the navigable waters of the United States (see
33 CFR 2.36(a) to include the 12 NM territorial sea) in the New York Captain
of the Port Zone (33 CFR 3.05–30). This
zone will remain activated at all times
while the Designated Vessel is within
the navigable waters of the United
States in the New York Captain of the
Port Zone. The Designated Vessels, including ships and barges carrying petroleum products, chemicals, or other
hazardous cargo will be recognized by
the requirement to fly the Bravo flag
(red international signal flag under
Pub 102, International Code of Signals
from the outermost halyard (above the
pilot house) where it can most easily
be seen. Vessels that are constrained
by their draft from leaving the channel
may transit through the zone for the
sole purpose of direct and expeditious
transit so long as they remain within
the navigable channel, maintain the
maximum possible safe distance from
the Designated Vessel, and do not stop
or loiter within the zone. Designated
Vessels carrying government officials,
dignitaries, or other passengers requiring protection, and passenger vessels
authorized to carry more than 400 passengers and are less than 200 feet in
length will be recognizable by their
being escorted by a federal, state or
local law enforcement or security vessel. The law enforcement or security
vessel will be identifiable by flashing
light, siren, flags, markings and/or
through other means that clearly identify the vessel as engaged in law enforcement or security operations.
(16) 134th Street Pipeline Metering and
Regulating Station—(i) Location. All waters of the Hudson River within 25

yards of the 134th Street Pipeline Metering and Regulating Station.
(ii) Regulations. (A) Vessels not actively engaged in facility maintenance
or inspection operations authorized in
advance by the Pipeline Security Officer or designated representative, or authorized docking or undocking operations, must not enter within any part
of a zone described in paragraph (a)(16)
of this section without the express permission of the Coast Guard Captain of
the Port, a designated representative
or designated on-scene patrol personnel.
(B) Persons seeking Captain of the
Port permission to enter within a particular zone for official business other
than authorized passenger, cargo, provision, facility maintenance or inspection, bunker transfer operations or authorized docking or undocking operations may request such authorization
by contacting: Commander Coast
Guard Sector New York, via the Sector
Command Center (SCC), at: 212 Coast
Guard Drive, Staten Island, NY 10305,
or via fax to (718) 354–4125 or by contacting the Sector Command Center
Duty Officer by phone at: (718) 354–4353.
(17) Waterfront heliports—(i) Location.
All waters of the East River within 25
yards of the East 34th Street and Wall
Street Heliports, and all waters of the
Hudson River within 25 yards of the
West 30th Street Heliport and the Jersey City/Newport Helistop, 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. When
a barge, ferry, or other commercial
vessel is conducting transfer operations at a waterfront heliport, the 25yard zone is measured from the outboard side of the commercial vessel.
(ii) Regulations. (A) Vessels not actively engaged in passenger, cargo, provision, facility maintenance or inspection, bunker transfer operations, or
docking or undocking operations, authorized in advance by the Facility Security Plan, Facility Security Officer
or designated representative, must not
enter within any part of a zone described in paragraph (a)(17) of this section without the express permission of
the Coast Guard Captain of the Port, a

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designated representative, or designated on-scene patrol personnel.
(B) Persons seeking Captain of the
Port permission to enter within a particular zone for official business other
than authorized passenger, cargo, provision, facility maintenance or inspection, bunker transfer operations or authorized docking or undocking operations may request such authorization
by contacting: Commander Coast
Guard Sector New York, via the Sector
Command Center (SCC), at: 212 Coast
Guard Drive, Staten Island, NY 10305,
or via fax to (718) 354–4125 or by contacting the Sector Command Center
Duty Officer by phone at: (718) 354–4353.
(C) Vessels entering or departing the
marina north of the Newport Helistop
are authorized to transit through the
safety/security zone around the Newport Helistop during their transit, provided that helicopters are not taking
off or landing. No loitering or unnecessary delay is authorized during these
transits.
(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.
[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;
USCG–2008–0179, 73 FR 35017, June 19, 2008;
USCG–2007–0074, 74 FR 7191, Feb. 13, 2009]

erowe on DSK5CLS3C1PROD with CFR

§ 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°00′03.7″ N, 073°56′43.1″ W;
thence to 41°59′52.5″ N, 073°56′34.2″ W;
thence to 42°00′15.1″ N, 073°56′25.2″ W;
thence to 42°00′05.4″ N, 073°56′41.9″ W

(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]

§ 165.202

[Reserved]

FIFTH COAST GUARD DISTRICT
§ 165.T05–0489 Regulated
Navigation
Area; Herbert C. Bonner Bridge, Oregon Inlet, NC.
(a) Definitions. For the purposes of
this section:
District Commander means the Commander, Fifth Coast Guard District.
Designated Representative means any
Coast Guard commissioned, warrant, or
petty officer who has been authorized
by the Commander, Fifth U.S. Coast
Guard District to act as a designated
representative on his behalf.
(b) Location. The following area is a
regulated navigation area: All waters
of Oregon Inlet, between the fendered
spans of the Herbert C. Bonner Bridge.
(c) Regulations. (1) The general regulations governing regulated navigation
areas found in § 165.13 of this part apply
to the regulated navigation area described in paragraph (b) of this section.
(2) All vessels of 100 gross tons and
greater are not permitted to transit
the regulated area without permission
from the District Commander or his
representative. To seek permission to
transit the area, mariners can contact
Sector North Carolina at telephone
number (252) 247–4570.

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33 CFR Ch. I (7–1–09 Edition)

(3) Any vessel transiting the regulated area must do so at a no-wake
speed during the effective period. The
Coast Guard vessels enforcing this section can be contacted on Marine Band
Radio, VHF–FM channel 16 (156.8 MHz).
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. If permission is granted, all persons and vessels must comply with the instructions
of the District Commander or his representative and proceed at the minimum speed necessary to maintain a
safe course while within the zone.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
(e) Enforcement period. This section
will be enforced from 8 p.m. on June 22,
2009, through 8 p.m. on July 31, 2009,
unless cancelled earlier by the District
Commander or designated representative.

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EFFECTIVE DATE NOTE: By USCG–2009–0489,
74 FR 31371, July 1, 2009, temporary § 165.T05–
0489 was added, effective from 8 p.m. on June
22, 2009 through 8 p.m. on July 31, 2009.

§ 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
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]

§ 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°33′03″ N, longitude
75°52′00″ W, to the Territorial Seas
boundary line at latitude 36°33′05″ N,
longitude 75°36′51″ W, thence generally
Northeastward along the Territorial
Seas boundary line to latitude 38°01′39″
N, longitude 74°57′18″ W, thence due
West to the mean low water mark at
the Maryland and Virginia border at
latitude 38°01′39″ N, longitude 75°14′30″
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:

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(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 Sector
Hampton Roads.
Designated representative of the Captain of the Port means a person, including the duty officer at the Coast Guard

Sector 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 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

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33 CFR Ch. I (7–1–09 Edition)

an anchorage designated in § 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
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.

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(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°58′00″ N, 076°20′00″ W,
and gated Elizabeth River Channel
Lighted Buoys 17 and 18 of Craney Island Reach (southwest of Norfolk
International Terminal at approximately 36°54′17″ N, and 076°20′11″ 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.
(iv) The designated representative of
the Captain of the Port is the Sector
Command Center (SCC)—Joint Harbor
Operations Center (JHOC) which shall
be contacted on VHF–FM channel 12, or
by calling (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, as
amended by USCG–2006–25150, 71 FR 39211,
July 12, 2006]

§ 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°24′27″ N, 76°23′42″ W, thence to

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33 CFR Ch. I (7–1–09 Edition)

38°24′44″ N, 76°23′11″ W, thence to
38°23′55″ N, 76°22′27″ W, thence to
38°23′37″ N, 76°22′58″ W, thence to beginning at 38°24′27″ N, 76°23′42″ 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 §§ 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]

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§ 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 § 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
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]

§ 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°00′38.1″ N,
longitude 76°27′05.7″ W, thence southerly to latitude 36°59′58.4″ N, longitude

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76°27′16.7″ W, thence southeasterly to
latitude
36°59′23.0″
N,
longitude
76°26′54.6″ W, thence westerly to latitude 36°59′21.5″ N, longitude 76°26′58.4″
W, thence southeasterly to latitude
36°59′12.9″ N, longitude 76°26′52.4″ W,
thence easterly to latitude 36°59′14.2″ N,
longitude 76°26′49.1″ W, thence southeasterly to latitude 36°58′37.8″ N, longitude 76°26′26.3″ W, thence easterly to
latitude
36°58′43.5″
N,
longitude
76°26′13.7″ 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°58′48.0″ N, longitude
76°26′11.2″ 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°00′38.1″ N,
longitude 76°27′05.7″ W, thence southerly to latitude 36°59′58.4″ N, longitude
76°27′16.7″ W, thence easterly to the
shoreline at latitude 36°59′58.5″ N, longitude 76°27′11.6″ 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 au-

thorized 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:
(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]

§ 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°26′06″ N,
076°26′18″ W, thence to 38°26′10″ N,
076°26′12″ W, thence to 38°26′21″ N,
076°26′28″ W, thence to 38°26′14″ N,
076°26′33″ W, thence to beginning at
38°26′06″ N, 076°26′18″ 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.

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33 CFR Ch. I (7–1–09 Edition)

(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.

erowe on DSK5CLS3C1PROD with CFR

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

§ 165.506 Safety Zones; Fifth Coast
Guard District Fireworks Displays.
(a) Regulations. The following regulations apply to the fireworks safety
zones listed in the Table to § 165.506.
(1) The general regulations contained
in 33 CFR 165.23 apply.
(2) These regulations will be enforced
annually, for the duration of each fireworks event listed in the Table to
§ 165.506. In the case of inclement
weather the event may be conducted on
the day following the date listed in the
Table to § 165.506. Annual notice of the
exact dates and times of the enforcement period of the regulation with respect to each safety zone, the geographical area, and other details concerning the nature of the fireworks
event will be published in Local Notices to Mariners and transmitted via
Broadcast Notice to Mariners over
VHF–FM marine band radio.
(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.
Those personnel are comprised of commissioned, warrant, and petty officers
of the U.S. Coast Guard. Other Federal,
State and local agencies may assist
these personnel in the enforcement of
the safety zone. 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.
(b) Notification. (1) Fireworks barges
and launch sites on land that operate
within the regulated areas contained in
the Table to § 165.506 will have a sign
affixed to the port and starboard side
of the barge, or mounted on a post 3
feet above ground level when on land

immediately adjacent to the shoreline
and facing the water labeled ‘‘FIREWORKS—DANGER—STAY
AWAY’’.
This will provide on scene notice that
the safety zone will be enforced on that
day. This notice will consist of a diamond shaped sign 4 feet by 4 feet 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. 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. The public may also be notified about many of
the listed marine events by local newspapers, radio and television stations.
The various methods of notification
provided by the Coast Guard and local
community media outlets will facilitate informing mariners so they can
adjust their plans accordingly.
(c) Contact information. Questions
about safety zones and related events
should be addressed to the local Coast
Guard Captain of the Port for the area
in which the event is occurring. Contact information is listed below. For a
description of the geographical area of
each Coast Guard Sector—Captain of
the Port zone, please see 33 CFR 3.25.
(1) Coast Guard Sector Delaware
Bay—Captain of the Port Zone, Philadelphia, Pennsylvania: (215) 271–4944.
(2) Coast Guard Sector Baltimore—
Captain of the Port Zone, Baltimore,
Maryland: (410) 576–2525.
(3) Coast Guard Sector Hampton
Roads—Captain of the Port Zone, Norfolk, Virginia: (757) 483–8567.
(4) Coast Guard Sector North Carolina—Captain of the Port Zone, Atlantic Beach, North Carolina: (252) 247–
4545.
(d) Enforcement period. The safety
zones in the Table to § 165.506 will be

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§ 165.506

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 adjacent
to the shoreline, in a location listed in

the Table to § 165.506. 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.

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

Date

Location

Regulated area

erowe on DSK5CLS3C1PROD with CFR

(a) Coast Guard Sector Delaware Bay—COTP Zone
1 ...............

July 4th ..............................

North Atlantic Ocean, Bethany Beach, DE, Safety
Zone.

2 ...............

Labor Day ..........................

Indian River Bay, DE,
Safety Zone.

3 ...............

July 4th ..............................

Atlantic Ocean, Rehoboth
Beach, DE, Safety Zone.

4 ...............

July 4th ..............................

North Atlantic Ocean, Avalon, NJ, Safety Zone.

5 ...............

July 4th, September—2nd
Saturday.

Barnegat Bay, Barnegat
Township, NJ, Safety
Zone.

6 ...............

July 4th ..............................

North Atlantic Ocean, Cape
May, NJ, Safety Zone.

7 ...............

July 3rd ..............................

Delaware Bay, North Cape
May, NJ, Safety Zone.

8 ...............

August—3rd Sunday ..........

Great Egg Harbor Inlet,
Margate City, NJ, Safety
Zone.

9 ...............

July 4th, August every
Thursday, September 1st
Thursday.

Metedeconk River, Brick
Township, NJ, Safety
Zone.

10 .............

July 4th ..............................

North Atlantic Ocean,
Ocean City, NJ, Safety
Zone.

11 .............

May—4th Saturday ............

12 .............

July 4th ..............................

Barnegat Bay, Ocean
Township, NJ, Safety
Zone.
Little Egg Harbor, Parker
Island, NJ, Safety Zone.

13 .............

September—3rd Saturday

Delaware River, Chester,
PA, Safety Zone.

The waters of the North Atlantic Ocean within a 500
yard radius of the fireworks launch platform in approximate position latitude 38°32′08’’ N, longitude
075°03′15″ W, adjacent to shoreline of Bethany
Beach, DE.
All waters of the Indian River Bay within a 360 yard radius of the fireworks launch location on the pier in
approximate position latitude 38°36′42″ N, longitude
075°08′18″ W, about 700 yards east of Pots Net
Point, DE.
All waters of the Atlantic Ocean within a 360 yard radius of the fireworks barge in approximate position
latitude 38°43′01.2″ N, longitude 075°04′21″ W, approximately 400 yards east of Rehoboth Beach, DE.
The waters of the North Atlantic Ocean within a 500
yard radius of the fireworks barge in approximate location latitude 39°05′31″ N, longitude 074°43′00″ W,
in the vicinity of the shoreline at Avalon, NJ.
The waters of Barnegat Bay within a 500 yard radius
of the fireworks barge in approximate position latitude 39°44′50″ N, longitude 074°11′21″ W, approximately 500 yards north of Conklin Island, NJ.
The waters of the North Atlantic Ocean within a 500
yard radius of the fireworks barge in approximate location latitude 38°55′36″ N, longitude 074°55′26″ W,
immediately adjacent to the shoreline at Cape May,
NJ.
All waters of the Delaware Bay within a 500 yard radius of the fireworks barge in approximate position
latitude 38°58′00″ N, longitude 074°58′30″ W.
All waters within a 500 yard radius of the fireworks
barge in approximate location latitude 39°19′33″ N,
longitude 074°31′28″ W, on the Intracoastal Waterway near Margate City, NJ.
The waters of the Metedeconk River within a 300 yard
radius of the fireworks launch platform in approximate position latitude 40°03′24″ N, longitude
074°06′42″ W, near the shoreline at Brick Township,
NJ.
The waters of the North Atlantic Ocean within a 500
yard radius of the fireworks barge in approximate location latitude 39°16′22″ N, longitude 074°33′54″ W,
in the vicinity of the shoreline at Ocean City, NJ.
All waters of Barnegat Bay within a 500 yard radius of
the fireworks barge in approximate position latitude
39°47′33″ N, longitude 074°10′46″ W.
All waters of Little Egg Harbor within a 500 yard radius
of the fireworks barge in approximate position latitude 39°34′18″ N, longitude 074°14′43″ W, approximately 100 yards north of Parkers Island.
All waters of the Delaware River near Chester, PA just
south of the Commodore Barry Bridge within a 250
yards radius of the fireworks barge located in approximate position latitude 39°49′43.2″ N, longitude
075°22′42″ W.

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§ 165.506

33 CFR Ch. I (7–1–09 Edition)
TABLE TO § 165.506—Continued
[All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.]

Number

Date

Location

Regulated area
All the waters of the Delaware River near Essington,
PA, west of Little Tinicum Island within a 250 yards
radius of the fireworks barge located in the approximate position latitude 39°51′18″ N, longitude
075°18′57″ W.
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 latitude 39°56′31.2″ N, longitude 075°08′28.1″ W;
thence to latitude 39°56′29.1″ N, longitude
075°07′56.5″ W, and bounded on the north by the
Benjamin Franklin Bridge.

14 .............

September—3rd Saturday

Delaware River, Essington,
PA, Safety Zone.

15 .............

July 4th, Columbus Day,
December 31st, January
1st.

Delaware River, Philadelphia, PA, Safety Zone.

1 ...............

April—1st or 2nd Saturday

Washington Channel,
Upper Potomac River,
Washington, DC, Safety
Zone.

2 ...............

July 4th, December—1st
and 2nd, Saturday, December 31st.

Severn River and Spa
Creek, Annapolis, MD,
Safety Zone.

3 ...............

Saturday before Independence Day holiday.

Middle River, Baltimore
County, MD, Safety
Zone.

4 ...............

July 4th, December 31st ....

Patapsco River (Middle
Branch), Baltimore, MD,
Safety Zone.

5 ...............

June 14th, July 4th, September—2nd Saturday,
December 31st.

Northwest Harbor (East
Channel), Patapsco
River, MD, Safety Zone.

6 ...............

May—3rd Friday, July 4th,
December 31st.

Baltimore Inner Harbor, Patapsco River, MD, Safety
Zone.

7 ...............

May—3rd Friday, July 4th,
December 31st.

Baltimore Inner Harbor, Patapsco River, MD, Safety
Zone.

8 ...............

July 4th, December 31st ....

Northwest Harbor (West
Channel) Patapsco
River, MD, Safety Zone.

9 ...............

July 4th ..............................

Patuxent River, Calvert
County, MD, Safety
Zone.

10 .............

July 4th ..............................

Patuxent River, Solomons
Island, Calvert County,
MD, Safety Zone.

erowe on DSK5CLS3C1PROD with CFR

(b) Coast Guard Sector Baltimore—COTP Zone
All waters of the Upper Potomac River within a 150
yard radius of the fireworks barge in approximate
position latitude 38°52′09″ N, longitude 077°01′13″
W, located within the Washington Channel in Washington Harbor, DC.
All waters of the Severn River and Spa Creek within
an area bounded by a line drawn from latitude
38°58′39.6″ N, longitude 076°28′49″ W; thence to
latitude 38°58′41″ N, longitude 076°28′14″ W;
thence to latitude 38°59′01″ N, longitude 076°28′37″
W; thence to latitude 38°58′57″ N, longitude
076°28′40″ W, located near the entrance to Spa
Creek in Annapolis, Maryland.
All waters of the Middle River within a 300 yard radius
of the fireworks barge in approximate position latitude 39°17′45″ N, longitude 076°23′49″ W, approximately 300 yards east of Rockaway Beach, near
Turkey Point.
All waters of the Patapsco River, Middle Branch, within
an area bound by a line drawn from the following
points: latitude 39°15′22″ N, longitude 076°36′36″
W; thence to latitude 39°15′10″ N, longitude
076°36′00″ W; thence to latitude 39°15′40″ N, longitude 076°35′23″ W; thence to latitude 39°15′49″ N,
longitude 076°35′47″ W; thence to the point of origin, located approximately 600 yards east of Hanover Street (SR–2) Bridge.
All waters of the Patapsco River within a 300 yard radius of the fireworks barge in approximate position
39°15′55″ N, 076°34′35″ W, located adjacent to the
East Channel of Northwest Harbor.
All waters of the Patapsco River within a 150 yard radius of the fireworks barge in approximate position
latitude 39°16′55″ N, longitude 076°36′17″ W, located at the entrance to Baltimore Inner Harbor, approximately 150 yards southwest of pier 6.
The waters of the Patapsco River within a 100 yard radius of approximate position latitude 39°17′03″ N,
longitude 076°36′36″ W, located in Baltimore Inner
Harbor, approximately 150 yards southeast of pier 1.
All waters of the Patapsco River within a 300 yard radius of the fireworks barge in approximate position
latitude 39°16′21″ N, longitude 076°34′38″ W, located adjacent to the West Channel of Northwest
Harbor.
All waters of the Patuxent River within a 280 yard radius of the fireworks barge in approximate position
latitude 38°19′06.6″ N, longitude 076°26′10.1″ W,
approximately 1450 yards west of Drum Point, MD.
All waters of the Patuxent River within a 400 yard radius of the fireworks barge located at latitude
38°19′03″ N, longitude 076°26′07.6″ W.

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§ 165.506
TABLE TO § 165.506—Continued

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

Date

Location

Regulated area

11 .............

July 4th ..............................

Patuxent River, Solomons
Island, MD, Safety Zone.

12 .............

July 4th ..............................

Chester River, Kent Island
Narrows, MD, Safety
Zone.

13 .............

July 3rd ..............................

Chesapeake Bay, Chesapeake Beach, MD, Safety Zone.

14 .............

July 4th ..............................

Choptank River, Cambridge, MD, Safety Zone.

15 .............

July—2nd and last Saturday.

Potomac River, Charles
County, MD, Safety
Zone.

16 .............

May—last Saturday, July
4th.

Potomac River, Charles
County, MD—Mount
Vernon, Safety Zone.

17 .............

October—1st Saturday ......

Dukeharts Channel, Potomac River, MD, Safety
Zone.

18 .............

July—Day before Independence Day holiday,
November—last Friday.

Potomac River, National
Harbor, MD, Safety
Zone.

19 .............

July 4th, September—last
Saturday.

Susquehanna River, Havre
de Grace, MD, Safety
Zone.

20 .............

June and July—Saturday
before Independence
Day holiday.

Miles River, St. Michaels,
MD, Safety Zone.

21 .............

June and July—Saturday
or Sunday before Independence Day holiday.

Tred Avon River, Oxford,
MD, Safety Zone.

22 .............

July 3rd ..............................

Northeast River, North
East, 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: latitude 38°19′42″ N, longitude
076°28′02″ W; thence to latitude 38°19′26″ N, longitude 076°28′18″ W; thence to latitude 38°18′48″ N,
longitude 076°27′42″ W; thence to latitude 38°19′06″
N, longitude 076°27′25″ W; thence to the point of origin, located near Solomons Island, MD.
All waters of the Chester River, within an area bound
by a line drawn from the following points: latitude
38°58′50″ N, longitude 076°15′00″ W; thence north
to latitude 38°59′00″ N, longitude 076°15′00″ W;
thence east to latitude 38°59′00″ N, longitude
076°14′46″ W; thence southeast to latitude
38°58′50″ N, longitude 076°14′28″ W; thence southwest to latitude 38°58′37″ N, longitude 076°14′36″
W, thence northwest to latitude 38°58′42″ N, longitude 076°14′55″ W, thence to the point of origin,
located approximately 900 yards north of Kent Island
Narrows (US–50/301) Bridge.
All waters of the Chesapeake Bay within a 150 yard
radius of the fireworks barge in approximate position
latitude 38°41′33″ N, longitude 076°31′48″ W, located near Chesapeake Beach, Maryland.
All waters of the Choptank River within a 300 yard radius of the fireworks launch site at Great Marsh
Point, located at latitude 38°35′06″ N, longitude
076°04′46″ W.
All waters of the Potomac River within a 300 yard radius of the fireworks barge in approximate position
latitude 38°20′18″ N, longitude 077°15′00″ W, approximately 700 yards north of the shoreline at Fairview Beach, Virginia.
All waters of the Potomac River within a 300 yard radius of the fireworks launch site near the Mount
Vernon Estate, in Fairfax County, Virginia, located at
latitude 38°42′24″ N, longitude 077°04′56″ W.
All waters of the Potomac River within a 300 yard radius of the fireworks barge in approximate position
latitude 38°13′48″ N, longitude 076°44′37″ W, located adjacent to Dukeharts Channel near Coltons
Point, Maryland.
All waters of the Potomac River within an area bound
by a line drawn from the following points: latitude
38°47′18″ N, longitude 077°01′01″ W; thence to latitude 38°47′11″ N, longitude 077°01′26″ W; thence to
latitude 38°47′25″ N, longitude 077°01′33″ W;
thence to latitude 38°47′32″ N, longitude 077°01′08″
W; thence to the point of origin, located at National
Harbor, Maryland.
All waters of the Susquehanna River within a 150 yard
radius of the fireworks barge in approximate position
latitude 39°32′42″ N, longitude 076°04′30″ W, approximately 800 yards east of the waterfront at
Havre de Grace, MD.
All waters of the Miles River within a 200 yard radius
of the fireworks barge in approximate position latitude 38°47′42″ N, longitude 076°12′23″ W, located
near the waterfront of St. Michaels, Maryland.
All waters of the Tred Avon River within a 150 yard radius of the fireworks barge in approximate position
latitude 38°41′48″ N, longitude 076°10′38″ W, approximately 500 yards northwest of the waterfront at
Oxford, MD.
All waters of the Northeast River within a 300 yard radius of the fireworks barge in approximate position
latitude 39°35′26″ N, longitude 075°57′00″ W, approximately 400 yards south of North East Community Park.

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33 CFR Ch. I (7–1–09 Edition)
TABLE TO § 165.506—Continued
[All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.]

Number

Date

23 .............

25 .............

June—2nd or 3rd Saturday, July—1st or 2nd
Saturday, September—
1st or 2nd Saturday.
March through October, at
the conclusion of
evening MLB games at
Washington Nationals
Ball Park.
June—last Saturday ..........

1 ...............

July 4th ..............................

Atlantic Ocean, Ocean
City, MD, Safety Zone.

2 ...............

Isle of Wight Bay, Ocean
City, MD, Safety Zone.

3 ...............

May—4th Sunday, June—
3rd Monday, June 29th
and July 4th, August—
1st and 4th Sunday, August 6th, September—
1st and 4th Sunday.
July 4th ..............................

4 ...............

July 4th ..............................

Broad Bay, Virginia Beach,
VA, Safety Zone.

5 ...............

October—1st Friday ...........

York River, West Point,
VA, Safety Zone.

6 ...............

July 4th ..............................

York River, Yorktown, VA,
Safety Zone.

7 ...............

July 4th ..............................

Chincoteague Channel,
Chincoteague, VA, Safety Zone.

8 ...............

May—1st Friday, July 4th ..

James River, Newport
News, VA, Safety Zone.

9 ...............

July 9th ..............................

Chesapeake Bay, Hampton, VA, Safety Zone.

10 .............

June—4th Friday ...............

Chesapeake Bay, Norfolk,
VA, Safety Zone.

24 .............

Location

Regulated area

Upper Potomac River, Alexandria, VA, Safety
Zone.
Anacostia River, Washington, DC, Safety Zone.

Potomac River, Prince William County, VA, Safety
Zone.

All waters of the Upper Potomac River within a 300
yard radius of the fireworks barge in approximate
position 38°48′37″ N, 077°02′02″ W, located near
the waterfront of Alexandria, Virginia.
All waters of the Anacostia River, within a 350 yard radius of the fireworks barge in approximate position
38°52′16″ N, 077°00′13″ W, approximately 500
yards southeast of the shoreline near Washington
Nationals Ball Park.
All waters of the Potomac River within a 200 yard radius of the fireworks barge in approximate position
latitude 38°34′08″ N, longitude 077°15′34″ W, located near Cherry Hill, Virginia.

erowe on DSK5CLS3C1PROD with CFR

(c) Coast Guard Sector Hampton Roads—COTP Zone

Assawoman Bay, Fenwick
Island—Ocean City, MD,
Safety Zone.

All waters of the Atlantic Ocean in an area bound by
the following points: latitude 38°19′39.9″ N, longitude
075°05′03.2″ W; thence to latitude 38°19′36.7″ N,
longitude 075°04′53.5″ W; thence to latitude
38°19′45.6″ N, longitude 075°04′49.3″ W; thence to
latitude 38°19′49.1″ N, longitude 075°05′00.5″ W;
thence to point of origin. The size of the proposed
zone extends approximately 300 yards offshore from
the fireworks launch area located at the High Water
mark on the beach.
All waters of Isle of Wight Bay within a 350 yard radius
of the fireworks barge in approximate position latitude 38°22′32″ N, longitude 075°04′30″ W.

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
latitude 38°25′57.6″ N, longitude 075°03′55.8″ W.
All waters of the Broad Bay within a 400 yard radius of
the fireworks display in approximate position latitude
36°52′08″ N, longitude 076°00′46″ W, located on the
shoreline near the Cavalier Golf and Yacht Club, Virginia Beach, Virginia.
All waters of the York River near West Point, VA within
a 400 yard radius of the fireworks display located in
approximate position latitude 37°31′25″ N, longitude
076°47′19″ W.
All waters of the York River within a 400 yard radius of
the fireworks display in approximate position latitude
37°14′14″ N, longitude 076°30′02″ W, located near
Yorktown, Virginia.
All waters of the Chincoteague Channel within a 360
yard radius of the fireworks launch location at the
Chincoteague carnival waterfront in approximate position latitude 37°55′40.3″ N, longitude 075°23′10.7″
W, approximately 900 yards southwest of Chincoteague Swing Bridge.
All waters of the James River within a 325 yard radius
of the fireworks barge in approximate position latitude 36°58′30″ N, longitude 076°26′19″ W, located
in the vicinity of the Newport News Shipyard, Newport News, Virginia.
All waters of the Chesapeake Bay within a 350 yard
radius of approximate position latitude 37°02′23″ N,
longitude 076°17′22″ W, located near Buckroe
Beach.
All waters of the Chesapeake Bay within a 400 yard
radius of the fireworks display located in position
latitude 36°57′21″ N, longitude 076°15′00″ W, located near Ocean View Fishing Pier.

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§ 165.506
TABLE TO § 165.506—Continued

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

Date

Location

Regulated area

11 .............

July 4th ..............................

Chesapeake Bay, Virginia
Beach, VA, Safety Zone.

12 .............

Memorial Day, June—1st
and 2nd Friday, Saturday
and Sunday, July 4th,
November—4th Saturday, December—1st Saturday and December
31st, January—1st.

Elizabeth River, Southern
Branch, Norfolk, VA,
Safety Zone.

13 .............

May—2nd Saturday, September—1st Saturday
and Sunday, December—1st Saturday.
July—3rd Saturday ............

Appomattox River, Hopewell, VA, Safety Zone.

All waters of the Chesapeake Bay 400 yard radius of
the fireworks display in approximate position latitude
36°55′02″ N, longitude 076°03′27″ W, located at the
First Landing State Park at Virginia Beach, Virginia.
All waters of the Elizabeth River Southern Branch in
an area bound by the following points: latitude
36°50′54.8″ N, longitude 076°18′10.7″ W; thence to
latitude 36°51′7.9″ N, longitude 076°18′01″ W;
thence to latitude 36°50′45.6″ N, longitude
076°17′44.2″ W; thence to latitude 36°50′29.6″ N,
longitude 076°17′23.2″ W; thence to latitude
36°50′7.7″ N, longitude 076°17′32.3″ W; thence to
latitude 36°49′58″ N, longitude 076°17′28.6″ W;
thence to latitude 36°49′52.6″ N, longitude
076°17′43.8″ W; thence to latitude 36°50′27.2″ N,
longitude 076°17′45.3″ W thence to the point of origin.
All waters of the Appomattox River within a 400 yard
radius of the fireworks barge in approximate position
latitude 37°19′11″ N, longitude 077°16′55″ W.

14 .............

15 .............

16 .............

May, June, July, August,
September, October—
every Wednesday, Friday, Saturday and Sunday, July 4th.
September—4th Saturday

John H. Kerr Reservoir,
Clarksville, VA, Safety
Zone.
Atlantic Ocean, Virginia
Beach, VA, Safety Zone.
A.

Atlantic Ocean, VA Beach,
VA, Safety Zone. B.

17 .............

August—4th Friday and
Saturday.

Atlantic Ocean, VA Beach,
VA, Safety Zone. C.

18 .............

July 4th ..............................

Nansemond River, Suffolk,
VA, Safety Zone.

19 .............

February—4th Saturday,
July 4th.

Chickahominy River, Williamsburg, VA, Safety
Zone.

20 .............

July 4th ..............................

James River, Williamsburg,
VA, Safety Zone.

All waters of John H. Kerr Reservoir within a 400 yard
radius of approximate position latitude 36°37′51″ N,
longitude 078°32′50″ W, located near the south end
of the State Route 15 Highway Bridge.
All waters of the Atlantic Ocean within a 1000 yard radius of the center located near the shoreline at approximate position latitude 36°51′12″ N, longitude
075°58′06″ W, located off the beach between 17th
and 31st streets.
All waters of the Atlantic Ocean within a 350 yard radius of approximate position latitude 36°50′35″ N,
longitude 075°58′09″ W, located on the 14th Street
Fishing Pier.
All waters of the Atlantic Ocean within a 350 yard radius of approximate position latitude 36°49′55″ N,
longitude 075°58′00″ W, located off the beach between 2nd and 6th streets.
All waters of the Nansemond River within a 350 yard
radius of approximate position latitude 36°44′27″ N,
longitude 076°34′42″ W, located near Constant’s
Wharf in Suffolk, VA.
All waters of the Chickahominy River within a 400 yard
radius of the fireworks display in approximate position latitude 37°14′50″ N, longitude 076°52′17″ W,
near Barrets Point, Virginia.
All waters of the James River within a 350 yard radius
of approximate position latitude 37°13′23.3″ N, longitude 076°40′11.8″ W, located near Kingsmill Resort.

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(d) Coast Guard Sector North Carolina—COTP Zone
1 ...............

July 4th, October—1st Friday.

Morehead City Harbor
Channel, NC, Safety
Zone.

2 ...............

April—2nd Saturday, July
Cape Fear River, Wil4th, August—3rd Monmington, NC, Safety
day, October—1st Friday.
Zone.

All waters of the Morehead City Harbor Channel that
fall within a 360 yard radius of latitude 34°43′01″ N,
longitude 076°42′59.6″ W, a position located at the
west end of Sugar Loaf Island, NC.
All waters of the Cape Fear River within an area
bound by a line drawn from the following points: latitude 34°13′54″ N, longitude 077°57′06″ W; thence
northeast to latitude 34°13′57″ N, longitude
077°57′05″ W; thence north to latitude 34°14′11″ N,
longitude 077°57′07″ W; thence northwest to latitude
34°14′22″ N, longitude 077°57′19″ W; thence west
to latitude 34°14′22″ N, longitude 077°57′06″ W;
thence southeast to latitude 34°14′07″ N, longitude
077°57′00″ W; thence south to latitude 34°13′54″ N,
longitude 077°56′58″ W; thence to the point of origin, located approximately 500 yards north of Cape
Fear Memorial Bridge.

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33 CFR Ch. I (7–1–09 Edition)
TABLE TO § 165.506—Continued
[All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.]

Number

Date

Location

3 ...............

July 4th ..............................

Green Creek and Smith
Creek, Oriental, NC,
Safety Zone.

4 ...............

July 4th ..............................

Pasquotank River, Elizabeth City, NC, Safety
Zone.

5 ...............

July 4th ..............................

Currituck Sound, Corolla,
NC, Safety Zone.

6 ...............

July 4th, November—3rd
Saturday.

Middle Sound, Figure Eight
Island, NC, Safety Zone.

7 ...............

June—2nd Saturday,
July—1st Saturday after
July 4th.

Pamlico River, Washington,
NC, Safety Zone.

8 ...............

July 4th ..............................

Neuse River, New Bern,
NC, Safety Zone.

9 ...............

July 4th ..............................

Edenton Bay, Edenton,
NC, Safety Zone.

10 .............

July 4th, November—4th
Monday.

Motts Channel, Banks
Channel, Wrightsville
Beach, NC, Safety Zone.

11 .............

July 4th ..............................

Cape Fear River,
Southport, NC, Safety
Zone.

12 .............

July 4th ..............................

Big Foot Slough, Ocracoke,
NC, Safety Zone.

13 .............

August—1st Tuesday ........

New River, Jacksonville,
NC, Safety Zone.

[USCG–2008–0189, 74 FR 15848, Apr. 8, 2009]

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§ 165.507 Security Zone; Chesapeake
Bay, between Sandy Point and Kent
Island, MD.
(a) Definitions. The Captain of the
Port, Baltimore, Maryland means the
Commander, Coast Guard Sector Baltimore, Maryland or any Coast Guard

Regulated area
All waters of Green Creek and Smith Creek that fall
within a 300 yard radius of the fireworks launch site
at latitude 35°01′29.6″ N, longitude 076°42′10.4″ W,
located near the entrance to the Neuse River in the
vicinity of Oriental, NC.
All waters of the Pasquotank River within a 300 yard
radius of the fireworks launch site in approximate
position latitude 36°18′00″ N, longitude 076°13′00″
W, approximately 200 yards south of the east end of
the Elizabeth City Bascule Bridges.
All waters of the Currituck Sound within a 300 yard radius of the fireworks barge in approximate position
latitude 36°22′48″ N, longitude 075°51′15″ W.
All waters of the Figure Eight Island Causeway Channel from latitude 34°16′32″ N, longitude 077°45′32″
W, thence east along the marsh to a position located at latitude 34°16′19″ N, longitude 077°44′55″
W, thence south to the causeway at position latitude
34°16′16″ N, longitude 077°44′58″ W, thence west
along the shoreline to position latitude 34°16′29″ N,
longitude 077°45′34″ W, thence back to the point of
origin.
All waters of the Pamlico River that fall within a 300
yard radius of the fireworks launch site at latitude
35°32′19″ N, longitude 077°03′20.5″ W, located 500
yards north of Washington railroad trestle bridge.
All waters of the Neuse River within a 360 yard radius
of the fireworks barge in approximate position latitude 35°06′07.1″ N, longitude 077°01′35.8″ W, located 420 yards north of the New Bern, Twin Span,
high rise bridge.
All waters within a 300 yard radius of position latitude
36°03′04″ N, longitude 076°36′18″ W, approximately
150 yards east of the entrance to Queen Anne
Creek, Edenton, NC.
All waters of Motts Channel within a 300 yard radius of
the fireworks barge in approximate position latitude
34°12′29″ N, longitude 077°48′27″ W, approximately
560 yards south of Sea Path Marina, Wrightsville
Beach, NC.
All waters of the Cape Fear River within a 600 yard radius of the fireworks barge in approximate position
latitude 33°54′40″ N, longitude 078°01′18″ W, approximately 700 yards south of the waterfront at
Southport, NC.
All waters of Big Foot Slough within a 300 yard radius
of the fireworks launch site in approximate position
latitude 35°06′54″ N, longitude 075°59′24″ W, approximately 100 yards west of the Silver Lake Entrance Channel at Ocracoke, NC.
All waters of the New River within a 300 yard radius of
the fireworks launch site in approximate position latitude 34°44′45″ N, longitude 077°26′18″ W, approximately one half mile south of the Hwy 17 Bridge,
Jacksonville, North Carolina.

commissioned, warrant, or petty officer who has been authorized by the
Captain of the Port, Baltimore, Maryland to act on his or her behalf.
(b) Location. The following area is a
security zone: All waters of the Chesapeake Bay, from the surface to the bottom, within 250 yards north of the
north (westbound) span of the William

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Coast Guard, DHS

§ 165.509

P. Lane Jr. Memorial Bridge, and 250
yards south of the south (eastbound)
span of the William P. Lane Jr. Memorial Bridge, from the western shore at
Sandy Point to the eastern shore at
Kent Island, Maryland.
(c) Regulations. (1) All persons are required to comply with the general regulations governing security zones
found in § 165.33 of this part.
(2) Entry into or remaining in this
zone is prohibited unless authorized by
the Coast Guard Captain of the Port,
Baltimore, Maryland.
(3) Persons or vessels requiring entry
into or passage through the security
zone must first request authorization
from the Captain of the Port, Baltimore to seek permission to transit the
area. The Captain of the Port, Baltimore, Maryland can be contacted at
telephone number (410) 576–2693. The
Coast Guard vessels enforcing this section can be contacted on VHF Marine
Band Radio, VHF channel 16 (156.8
MHz). 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. If permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port,
Baltimore, Maryland and proceed at
the minimum speed necessary to maintain a safe course while within the
zone.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
(e) Enforcement period. This section
will be enforced annually on the first
Sunday in May from 7 a.m. to 5 p.m.
local time.

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[CGD05–06–104, 72 FR 14422, Mar. 28, 2007]

§ 165.508 Security Zone; Georgetown
Channel, Potomac River, Washington, DC.
(a) Definitions. (1) The Captain of the
Port, Baltimore, Maryland means the
Commander, Coast Guard Sector Baltimore, Maryland or any Coast Guard
commissioned, warrant, or petty officer who has been authorized by the
Captain of the Port, Baltimore, Maryland to act on his or her behalf.
(b) Location. The following area is a
security zone: All waters of the George-

town Channel of the Potomac River,
from the surface to the bottom, 75
yards from the eastern shore measured
perpendicularly to the shore, between
the Long Railroad Bridge (the most
eastern bridge of the 5-span, Fourteenth Street Bridge Complex) to the
Theodore Roosevelt Memorial Bridge
and all waters in between, totally including the waters of the Georgetown
Channel Tidal Basin.
(c) Regulations. (1) All persons are required to comply with the general regulations governing security zones
found in § 165.33 of this part.
(2) Entry into or remaining in this
zone is prohibited unless authorized by
the Coast Guard Captain of the Port,
Baltimore, Maryland.
(3) Persons or vessels requiring entry
into or passage through the security
zone must first request authorization
from the Captain of the Port, Baltimore to seek permission to transit the
area. The Captain of the Port, Baltimore, Maryland can be contacted at
telephone number (410) 576–2693. The
Coast Guard vessels enforcing this section can be contacted on VHF Marine
Band Radio, VHF channel 16 (156.8
MHz). 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. If permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port,
Baltimore, Maryland and proceed at
the minimum speed necessary to maintain a safe course while within the
zone.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
(e) Enforcement period. This section
will be enforced from 12:01 a.m. to 11:59
p.m. local time annually on July 4.
[CGD05–06–105, 72 FR 15836, Apr. 3, 2007]

§ 165.509 Security Zone; Severn River
and College Creek, Annapolis, MD.
(a) Definitions. For purposes of this
section, the Captain of the Port, Baltimore, Maryland means the Commander,
Coast Guard Sector Baltimore, Maryland or any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the Captain of the Port,

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§ 165.510

33 CFR Ch. I (7–1–09 Edition)

Baltimore, Maryland to act on his or
her behalf.
(b) Location. The following area is a
security zone: All waters of the Severn
River, from shoreline to shoreline,
bounded by a line drawn from Horseshoe Point, at 38°59′47.6″ N, 076°29′33.2″
W; eastward across the Severn river to
a point located at 39°00′01.5″ N,
076°29′08.5″ W; and a line drawn from
Biemans
Point,
at
38°59′14.4″
N,
076°28′30.1″ W; westward across the Severn River to a point 38°59′03.5″ N,
076°28′50.0″ W, located on the Naval
Academy waterfront. This security
zone includes the waters of College
Creek eastward of the King George
Street Bridge (NAD 1983).
(c) Regulations. (1) The general regulations governing security zones found
in § 165.33 apply to the security zone described in paragraph (b) of this section.
(2) Entry into or remaining in this
zone is prohibited unless authorized by
the Coast Guard Captain of the Port,
Baltimore, Maryland.
(3) Persons or vessels requiring entry
into or passage through the security
zone must first request authorization
from the Captain of the Port, Baltimore to seek permission to transit the
area. The Captain of the Port, Baltimore, Maryland can be contacted at
telephone number (410) 576–2693. The
Coast Guard vessels enforcing this section can be contacted on Marine Band
Radio VHF channel 16 (156.8 MHz).
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. If permission is granted, all persons and vessels must comply with the instructions
of the Captain of the Port, Baltimore,
Maryland and proceed at the minimum
speed necessary to maintain a safe
course while within the zone.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
(e) Enforcement period. This section
will be enforced annually on the Friday
before the Memorial Day holiday in
May from 7:30 a.m. to 2 p.m. local time.
[CGD05–06–112, 72 FR 24188, May 2, 2007]

§ 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,
Delaware Bay 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 § 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.
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

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erowe on DSK5CLS3C1PROD with CFR

Coast Guard, DHS

§ 165.510

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, en-

sure 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.
(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

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§ 165.511

33 CFR Ch. I (7–1–09 Edition)

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]

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§ 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, Delaware Bay 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
§ 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 Delaware Bay, PA
or designated representative while the
escorted passenger vessel is in the Captain of the Port Delaware Bay 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 Delaware Bay 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 Delaware Bay or designated representative
and leave the security zone immediately if the Captain of the Port Delaware Bay 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, Delaware Bay 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
Sector Delaware Bay 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]

§ 165.512 Safety Zone; Patapsco River,
Northwest and Inner Harbors, Baltimore, MD.
(a) Definitions. For the purposes of
this section:
(1) Captain of the Port, Baltimore,
Maryland means the Commander, Coast
Guard Sector Baltimore or any Coast
Guard commissioned, warrant, or petty
officer who has been authorized by the
Captain of the Port, Baltimore, Maryland to act on his or her behalf.
(2) USS CONSTELLATION ‘‘turnaround’’ participants means the USS
CONSTELLATION, its support craft
and the accompanying towing vessels.

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§ 165.514

(b) Location. The following area is a
moving safety zone: All waters, from
surface to bottom, within 200 yards
ahead of or 100 yards outboard or aft of
the historic sloop-of-war USS CONSTELLATION, while operating in the
Inner Harbor, the Northwest Harbor
and the Patapsco River.
(c) Regulations. (1) The general regulations governing safety zones, found
in § 165.23, apply to the safety zone described in paragraph (b) of this section.
(2) With the exception of USS CONSTELLATION ‘‘turn-around’’ participants, entry into or remaining in this
zone is prohibited, unless authorized by
the Captain of the Port, Baltimore,
Maryland.
(3) Persons or vessels requiring entry
into or passage through the moving
safety zone must first request authorization from the Captain of the Port,
Baltimore, Maryland to seek permission to transit the area. The Captain of
the Port, Baltimore, Maryland can be
contacted at telephone number (410)
576–2693. The Coast Guard vessels enforcing this section can be contacted
on Marine Band Radio VHF Channel 16
(156.8 MHz). Upon being hailed by a
U.S. Coast Guard vessel by siren, radio,
flashing light, or other means, the person or vessel shall proceed as directed.
If permission is granted, all persons or
vessels must comply with the instructions of the Captain of the Port, Baltimore, Maryland, and proceed at the
minimum speed necessary to maintain
a safe course while within the zone.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol
and enforcement of the zone by Federal, State and local agencies.
(e) Enforcement period. This section
will be enforced from 2 p.m. through 7
p.m. local time, annually, on the Friday following Labor Day.

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[CGD05–07–010, 72 FR 34624, June 25, 2007]

§ 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°37′57″ North, 077°12′18″ West, and continuing in the AICW southwest to
Bogue Sound—New River Daybeacon 70
(LLNR 39290) at approximate position
34°33′07″ North, 077°20′30″ 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

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§ 165.515

33 CFR Ch. I (7–1–09 Edition)

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 twomile 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 Unit 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]

§ 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

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34°14′12″
34°14′12″
34°13′54″
34°13′54″

Longitude
N
N
N
N

77°57′10″
77°57′06″
77°57′00″
77°57′06″

W
W
W
W

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 Unit, 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]

(2) The safety zone boundary can be
described as follows: starting at the
stern of the Battleship USS NORTH
CAROLINA, across the Cape Fear River
to the north end of the Coast Guard
moorings, down along the east bank of
the Cape Fear River to the bow of the
tug CAPTAIN JOHN TAXIS Memorial
(Chandler’s Wharf), back across the
Cape Fear River to Eagle Island, and
then up along the west bank of the
Cape Fear River to the stern of the
Battleship USS NORTH CAROLINA.
(b) Definitions. The designated representative of the Captain of the Port is

§ 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
§ 165.2015, that is accompanied by one
or more Coast Guard assets or Federal,

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§ 165.530

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 100yard 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
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]

§ 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 Unit, 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 Unit 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 § 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]

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§ 165.535

33 CFR Ch. I (7–1–09 Edition)

§ 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°48.2′ N,
longitude 75°05.5′ W, to a point located
at latitude 38°49.4′ N, longitude 75°05.5′
W; thence east to a point located at
latitude 38°49.4′ N, longitude 75°01.4′ W;
thence south to a point located at latitude 38°43.0′ N, longitude 75°01.4′ W;
thence west to a point on the shoreline
located at latitude 38°43.0′ N, longitude
75°04.5′ W; thence north following the
shoreline, to a point located at latitude
38°48.2′ N, longitude 75°05.5′ W. All coordinate refer to Datum: NAD 1983.
(b) Regulation. The general regulations governing safety zones contained
in § 165.23 apply. Vessels may not enter
the safety zone without first obtaining
permission from the Captain of the
Port (COTP) Delaware Bay.
(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 Sector Field Office Atlantic
City command center at telephone
number (609) 677–2222 and on VHF channel 13 or 16.
(3) The COTP Delaware Bay may authorize and designate any Coast Guard
commissioned, warrant, or petty officer to act on his behalf in enforcing
this safety zone.

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

§ 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°52′24.028″ N, Longitude 78°00′29.624″ 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.

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Coast Guard, DHS

§ 165.540

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°
50′43.668″ N, Longitude 78° 01′40.068″ 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)).
(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).

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§ 165.552

33 CFR Ch. I (7–1–09 Edition)

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 VHFFM.
(3) The following requirements apply
to all vessels.
(i) All vessels shall inform themselves of the active work areas prior to
entering the RNA.
(ii) All vessels shall contact and receive permission from the control vessel for that work area before entering
the active work area.
(iii) All vessels transiting an active
work area shall do so at no wake speed
or the minimum speed necessary to
maintain steerage.
(iv) During blasting operations all
vessels are prohibited from entering an
area of 500 yards surrounding the blast
site. Upon notification of a misfire or
hangfire, all vessels underway in the
RNA shall proceed to clear the active
work area in which the misfire or
hangfire occurred.
(4) Vessels over 300 gross tons and
tugs with tows are required to contact
the COTP 12 hours before vessel movement within the RNA.
(5) Vessels meeting the notice of arrival requirements under 33 CFR 160.207
are encouraged to notify the COTP at
least 48-hours before the vessel enters
the RNA to facilitate scheduling and
minimize delays. Updates are encouraged at least 12 hours before arriving
at the RNA boundaries. The COTP may
delay entry into the RNA to accommodate other commercial traffic.
(6) Vessels of 300 gross tons or greater
shall be prohibited from entering the

RNA when they are advised that a misfire or hangfire has occurred.
(7) For any vessel with another vessel/barge in tow transiting an active
work area, the hawser or wire length of
the tow shall not exceed 275 feet, measured from the towing bit on the tug to
the point where the hawser or wire
connects with the towed vessel or
barge.
(8) Vessels of 300 gross tons or greater
and tugs with tows, shall, prior to entering the RNA, ensure that they have
sufficient propulsion and directional
control to safely navigate the RNA
under the prevailing conditions.
(9) Vessels of 300 gross tons or greater
and tugs with tows are prohibited from
meeting or overtaking vessels of 300
gross tons or greater or tugs with tows
in active work areas or within one nautical mile of an active work area.
(10) The Captain of the Port, Wilmington may, upon written request,
authorize a deviation from any regulation in this section if it is found that
the proposed operations can be done
safely. An application for deviation
must be received not less than 48 hours
before intended operation and must
state the need and describe the proposal.
[CGD05–01–006, 66 FR 39099, July 27, 2001]

§ 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°49′12.0″ N, 074°12′13.0″ W; thence to
39°48′39.7″ N, 074°12′0″ W; along the
shoreline, thence to 39°48′40.0″ N,
074°12′0.3″ W; thence to 39°49′11.8″ N,
074°12′10.5″ 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
§ 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

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Coast Guard, DHS

§ 165.554

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 Sector Delaware Bay, 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.

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

§ 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°28′08.0″ N, 075°32′31.7″ W to
39°28′06.5″ N, 075°32′47.4″ W, thence to
39°27′28.4″ N, 075°32′15.8″ W, thence to
39°27′28.8″ N, 075°31′56.6″ W, thence to
39°27′39.9″ N, 075°31′51.6″ W, thence along
the shoreline to the point of 39°28′08.0″
N, 075°32′31.7″ W. All coordinates reference Datum: NAD 1983.
(b) Regulations. (1) All persons are required to comply with the general regulations governing security zones in
§ 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 des-

ignated 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 Sector Delaware Bay, 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]

§ 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°09′14.74″ N, 076°43′40.77″ W; thence to
40°09′14.74″ N, 076°43′42.22″ W, thence to
40°09′16.67″ N, 076°43′42.22″ W, thence to
40°09′16.67″ N, 076°43′40.77″ W; thence
back to the beginning point 40°09′14.74″
N, 076°43′40.77″ W. All coordinates reference Datum: NAD 1983.
(b) Regulations. (1) All persons are required to comply with the general regulations governing security zones in
§ 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.

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33 CFR Ch. I (7–1–09 Edition)

(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 Sector Delaware Bay, 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]

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§ 165.555

Safety Zone; Delaware River.

(a) Definition. As used in this section,
Captain of the Port means the Commander of Sector Delaware Bay or any
Coast Guard commissioned, warrant or
petty officer who has been authorized
by the Captain of the Port to act on his
behalf. The Captain of the Port may be
contacted by telephone at (215) 271–4807
or via VHF marine band radio, channel
16.
(b) Location. The following area is a
safety zone: All waters located within a
150-yard radius around the dredging operation and barge, conducting dredging
operations in or near the Marcus Hook
Range in the vicinity of Anchorage 7.
(c) Enforcement. This safety zone will
be enforced annually beginning on September 1 through December 31.
(d) Regulations. (1) All persons are required to comply with the general regulations governing safety zones in 33
CFR 165.23 of this part.
(2) All Coast Guard vessels enforcing
this safety zone or watch officers
aboard the Dredge and Barge can be
contacted on VHF marine band radio,
channel 16. The Captain of the Port
may be contacted by telephone at (215)
271–4807 or via VHF marine band radio,
channel 16.
[CGD05–04–035, 70 FR 40887, July 15, 2005]

§ 165.556 Regulated Navigation Area;
Chesapeake and Delaware Canal,
Chesapeake City Anchorage Basin,
MD.
(a) Location. The following area is a
regulated navigation area: All waters
of the Chesapeake and Delaware (C &
D) Canal within the anchorage basin at
Chesapeake City, Maryland, bounded
by a line drawn across the entrance to
the basin from position latitude
39°31′39.6″ N, longitude 075°48′36.5″ W, to
position latitude 39°31′40.6″ N, longitude
075°48′43.3″ W. All coordinates refer to
NAD 1983.
(b) Definitions. For the purposes of
this section:
District Commander means the Commander, Fifth Coast Guard District or
any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Commander, Fifth
Coast Guard District, to act on his or
her behalf, or his or her designated representative.
(c) Regulations. The general regulations governing regulated navigation
areas, found in 33 CFR 165.13, apply to
the regulated navigation area described in paragraph (a) of this section.
(1) All vessels and persons are prohibited from entering and accessing this
regulated navigation area, except as
authorized by the District Commander
or his or her designated representative.
(2) Persons or vessels requiring entry
into or passage within the regulated
navigation area must request authorization from the District Commander
or his or her designated representative,
by telephone at (410) 576–2693 or by marine band radio on VHF–FM Channel 16
(156.8 MHz), from 12:01 a.m. until 11:59
p.m. on the last Saturday in June, annually. All Coast Guard vessels enforcing this regulated navigation area can
be contacted on marine band radio
VHF–FM Channel 16 (156.8 MHz).
(3) The operator of any vessel entering or located within this regulated
navigation area shall:
(i) Travel at no-wake speed,
(ii) 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, and
(iii) Proceed as directed by any commissioned, warrant or petty officer on

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Coast Guard, DHS

§ 165.703

board a vessel displaying a Coast Guard
Ensign.
(4) All vessels and persons within this
regulated navigation area must comply
with any additional instructions of the
District Commander or the designated
representative.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol
and enforcement of the regulated navigation area by any Federal, State, and
local agencies.
(e) Enforcement period. This section
will be enforced from 12:01 a.m. until
11:59 p.m. on the last Saturday in June,
annually.
[USCG–2008–1119, 74 FR 28611, June 17, 2009]

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SEVENTH COAST GUARD DISTRICT
§ 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°24′33″ N.,
80°39′48″ W.; then due west along the
northern shoreline of the barge canal
for 1,300 yards; then due north to
28°28′42″ N., 80°40′30″ W., on Merritt Island. From this position, the line proceeds irregularly to the eastern shoreline of the Indian River to a position
1,300 yards south of the NASA Causeway at 28°30′54″ N., 80°43′42″ W. (the line
from the barge canal to the eastern
shoreline of the Indian River is marked
by a three-strand barbed-wire fence),
then north along the shoreline of the
Indian River to the NASA Causeway at
28°31′30″ N., 80°43′48″ W. The line continues west on the southern shoreline
of the NASA Causeway to NASA Gate 3
(permanent), then north to the northern shoreline of the NASA Causeway
and east on the northern shoreline of
the causeway back to the shoreline on
Merritt Island at position 28°31′36″ N.,
80°43′42″ W., then northwest along the
shoreline to 28°41′01.2″ N., 80°47′10.2″ W.
(Blackpoint); then due north to channel marker #6 on the Intracoastal Waterway (ICW), then northeast along the
southern edge of the ICW to the western entrance to the Haulover Canal.
From this point, the line continues
northeast along the southern edge of

the Haulover Canal to the eastern entrance to the canal; then due east to a
point in the Atlantic Ocean 3 miles offshore at 28°44′42″ N., 80°37′51″ W.; then
south along a line 3 miles from the
coast to Wreck Buoy ‘‘WR6’’, then to
Port Canaveral Channel Lighted Buoy
10, then west along the northern edge
of the Port Canaveral Channel to the
northeast corner of the intersection of
the Cape Canaveral Barge Canal and
the ICW in the Banana River at
28°24′36″ N., 80°38′42″ W. The line continues north along the east side of the
Intracoastal Waterway to daymarker
‘35’ thence North Westerly one quarter
of a mile south of NASA Causeway
East (Orsino Causeway) to the shoreline on Merritt Island at position
28°30.95′ N., 80°37.6′ W., then south along
the shoreline to the starting point.
(b) The area described in paragraph
(a) of this section is closed to all vessels and persons, except those vessels
and persons authorized by the Commander, Seventh Coast Guard District,
or the COTP Jacksonville, Florida,
whenever space vehicles are to be
launched by the United States Government from Cape Canaveral.
(c) COTP Jacksonville, Florida,
closes the security zone, or specific
portions of it, by means of locally promulgated notices. The closing of the
area is signified by the display of a red
ball from a 90-foot pole near the shoreline at approximately 28°35′00″ N.,
80°34′36″ W., and from a 90-foot pole
near the shoreline at approximately
28°25′18″ N., 80°35′00″ W. Appropriate
Local Notices to Mariners will also be
broadcast on 2670 KHZ.
[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]

§ 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

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§ 165.704

33 CFR Ch. I (7–1–09 Edition)

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
zone is established when the vessel departs the receiving terminal and continues through the area described in
paragraph (a)(1) of this section.
(3) The floating safety zone is disestablished when the anhydrous ammonia carrier is safely moored at the anhydrous ammonia receiving facility.
(b) All vessels over 5000 gross tons intending to pass anhydrous ammonia
vessels moored in Port Sutton, and all
vessels intending to moor in the R. E.
Knight facilities at Hookers Point
while an anhydrous ammonia vessel is
moored in this facility, must give 30
minutes notice to the anhydrous ammonia vessel so it may take appropriate safety precautions.
(c) The general regulations governing
safety zones contained in § 165.23 apply.
(d) The Sector St. Petersburg 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 ad-

vise 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]

§ 165.704 Safety
Florida.

Zone;

Tampa

(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 St. Petersburg.
(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

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Coast Guard, DHS

§ 165.T0704

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,
the floating safety zone extends 500
yards in all directions surrounding the
loaded LPG vessel, until it arrives at
the entrance to Rattlesnake. While the
loaded LPG vessel is maneuvering in
the Rattlesnake slip and until it is
safely moored at the LPG facility, the
floating safety zone extends 150 feet
fore and aft of the loaded LPG vessel
and the width of the slip. Moored vessels are allowed within the parameters
of the 150-foot safety zone.
(b) The floating safety zone is disestablished when the LPG carrier is
safely moored at the LPG receiving facility.
(c) For outbound tank vessels loaded
with LPG, the safety zone is established when the vessel departs the terminal and continues through the area
described in paragraph (a) of this section.
(d) All vessels over 5000 gross tons intending to pass LPG vessels moored in
Port Sutton, and all vessels intending
to pass LPG vessels moored in Rattlesnake, must give 30 minutes notice to
the LPG vessel so it may take appropriate safety precautions.
(e) The general regulations governing
safety zones contained in § 165.23 apply.
(f) The Coast Guard Captain of the
Port St. Petersburg 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 St. Petersburg 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 St. Petersburg 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 St. Petersburg 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]

§ 165.T0704 Safety
Zone:
Savannah
River, Savannah, Georgia.
(a) Location. The following area is a
safety zone: Two hundred foot radius

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§ 165.705

33 CFR Ch. I (7–1–09 Edition)

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 § 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.
(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.

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[Reg. 90–129, 55 FR 52272, Dec. 21, 1990]
EFFECTIVE DATE NOTE: At 55 FR 52272, Dec.
21, 1990, § 165.T0704 was added. This is an
emergency temporary rule and will remain
in effect until terminated by the Captain of
the Port Savannah, GA.

§ 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°24′36″ N.
(b) Security Zone B—Middle Basin,
Port Canaveral Harbor, adjacent to the
Navy wharf at Cape Canaveral Air
Force Station, Brevard County, Florida. The waters of Port Canaveral Harbor within a line circumscribing the
water approaches to the Navy wharf
along the northeasterly edge of the
Port Canaveral Harbor turning basin at
a distance of 200 feet from all portions
of the wharf including the dolphins located 200 feet off the northwest end and
75 feet off the southeast end of the
wharf.
(c) Entrance into these zones by vessels other than vessels owned or leased
by the United States is prohibited
without permission of the Captain of
the Port, Jacksonville, Florida.
(d) The general regulations governing
security zones contained in 33 CFR
165.33 apply.
[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]

§ 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

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Coast Guard, DHS

§ 165.714

Notice to Mariners. The general regulations governing safety and security
zones contained in §§ 165.23 and 165.33
apply.
[COTP Charleston 96–034, 61 FR 68156, Dec. 27,
1996]

§ 165.709 Security Zone; Charleston
Harbor, Cooper River, South Carolina.
(a) Regulated area. The Coast Guard is
establishing a fixed security zone on all
waters of the Cooper River, bank-tobank and surface to bottom, from the
Don Holt I–526 Bridge to the intersection of Foster Creek at a line on 32 degrees 58 minutes North Latitude.
(b) Enforcement period. This section
will be enforced when security assets
are on scene and Sector Charleston has
notified the maritime community that
an Enforcement Period is in effect.
Sector Charleston will notify the maritime community by broadcast notice
to mariners on VHF Marine Band
Radio, Channel 16 (156.8 MHz), or Marine Safety Information Bulletins, or
actual notice from on scene security
assets enforcing the security zone.
(c) Regulations. During enforcement
of the security zone described in paragraph (a) of this section, vessels or persons are prohibited from entering,
transiting, mooring, anchoring, or loitering within the security zone unless
authorized by the Captain of the Port
Charleston, South Carolina or his or
her designated representative.
(1) Persons desiring to transit the
Regulated Area may contact the Captain of the Port via VHF-FM channel
16 or by telephone at (843) 720–3240 and
request permission to transit the security zone.
(2) If permission to transit the security zone is granted, all persons and
vessels must comply with the instructions of the Captain of the Port or his
or her designated representative.

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[COTP Charleston 05–037, 70 FR 43282, July
27, 2005]

§ 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°05.5′ N, 80°04.8′ W and continuing
until the vessel is safely moored in approximate position 26°04.9′ N, 80°06.9′ W.
All coordinates referenced use datum:
NAD 83.
(2) The waters around naval aircraft
carriers departing Port Everglades in
an area 700 yards forward, 500 yards
astern and 350 yards on either side of
each vessel beginning at the Pier in approximate position 26°04.9′N, 80°06.9′W,
and continuing until the stern passes
the Port Everglades Sea Buoy, in approximate position 26°05.5′ N, 80°04.8′ W.
All coordinates referenced use datum:
NAD 83.
(b) 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]

§ 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
Western
boundary.

32°42′56″ N

Longitude
79°47′34″ W

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§ 165.720

33 CFR Ch. I (7–1–09 Edition)
Latitude

Southern
boundary.
Eastern
boundary.
Northern
boundary.

Longitude

32°42′32″ N

79°46′42″ W

32°43′26″ N

79°45′27″ W

32°43′56″ N

79°46′08″ W

(NAD 83)
(b) Regulations. In accordance with
the general regulations in § 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]

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

St.

(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
operating within the safety/security
zone.
[COTP Jacksonville, FL Reg. 90–124, 55 FR
51700, Dec. 17, 1990]

§ 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]

§ 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°14′39.5″
N, 81°40′45″ W; thence northeasterly to
30°14′42″ N, 81°40′42″ W; thence south remaining 400 feet from the shoreline at
mean high water; thence past Piney
Point and Black Point to the northern
edge of Mulberry Cover Manatee refuge, 400 feet from Naval Air Station
Jacksonville boat ramp, at 30°13′00″ N,
81°40′23.5″ W; thence southwesterly in a

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§ 165.728

straight line to position 30°12′14″ N,
81°40′42″ W; thence southerly, remaining 400′ seaward of the mean high water
shoreline to 30°11′40″ N, 81°41′15.5″ W;
thence northwest to the point at the
end of the property line of Naval Air
Station Jacksonville just north of the
Buckman Bridge at position 30°11′42.30″
N, 81°41′23.66″ W; thence northeasterly
along the mean high water shoreline of
the St. Johns River and Mulberry Cove
to the point of beginning. Datum: NAD
83
(b) In accordance with the general
regulations in § 165.33 of this part, no
person or vessel may enter or remain
in the zone without the permission of
the Captain of the Port Jacksonville,
Florida. All other portions of § 165.33
remain applicable.
(c) This regulation does not apply to
Coast Guard vessels and authorized law
enforcement vessels operating within
the Security Zone.

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

§ 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°46′19″ N, 80°11′4″ W, inland to the
South Florida Water Management District’s salinity dam in approximate position 25°48′4″ N, 80°15′6″ W.
(2) The Tamiami Canal from its
intersection with the Miami river in
approximate position 25°47′7″ N, 80°14′7″
W to the N.W. 37th Avenue bridge in
approximate position 25°48′5″ N, 80°15′5″
W. All coordinates referenced use
datum: NAD 83.
(b) 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.
(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 § 165.13(b) of this part.
[CGD07–97–019, 62 FR 50512, Sept. 26, 1997]

§ 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

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33 CFR Ch. I (7–1–09 Edition)

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°23′34″, longitude 81°30′52″ and
the southeasterly most shore point
latitude 30°23′38″, longitude 81°30′36″.
(b) The areas described in paragraph
(a) of this section may be closed to all
vessels and persons, except those vessels and persons authorized by the
Commander, Seventh Coast Guard District or the Captain of the Port, Jacksonville, Florida, whenever specified
Maritime Prepositioned Ships are
transiting the St. Johns River (Zone
A), moored at Blount Island (Zone B),
or moored at Gate Terminal (Zone C).
(c) The general regulations governing
safety zones contained in 33 CFR 165.23
apply.
(d) The Captain of the Port Jacksonville, Florida will activate the safety
zones or specific portions of them by
issuing a local broadcast notice to
mariners. The closing of the area at
Blount Island, described above, will be
signified by the display of a rotating
yellow light located on the waterfront
at Blount Island Marine Terminal or at
the Gate Terminal Berth #1.

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

§ 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
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°23′34″, longitude 81°30′52″ and
the southeasterly most shore point
latitude 30°23′38″, longitude 81°30′36″.
(b) The areas described in paragraph
(a) of this section shall be closed to all
vessels and persons, except those vessels and persons authorized by the
Commander, Seventh Coast Guard District or the Captain of the Port, Jacksonville, Florida, whenever specified
Maritime Prepositioned Ships are
transiting the St. Johns River (Zone
A), moored at Blount Island (Zone B),
or moored at Gate Terminal (Zone C).
(c) The general regulations governing
security zones contained in 33 CFR
165.33 apply.
(d) The Captain of the Port Jacksonville, Florida will activate the security
zones or specific portions of them by
issuing a local broadcast notice to
mariners. The closing of the area at
Blount Island, described above, will be
signified by the display of a rotating
yellow light located on the waterfront
at Blount Island Marine Terminal or at
the Gate Terminal Berth #1.
[CGD7 87–16, 52 FR 23443, June 22, 1987, as
amended by CGD7 91–34, 56 FR 22827, May 17,
1991]

§ 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°48′00.0″ N
081°29′24.0″ W
30°46′19.5″ N
081°29′17.0″ W
30°47′35.0″ N
081°30′16.5″ W
and thence to the point of beginning
[CGD7 92–41, 58 FR 38057, July 15, 1993]

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Coast Guard, DHS

§ 165.749

§ 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°44′55″ N,
081°29′39″ W; thence to 30°44′55″ N,
081°29′18″ W; thence to 30°46′35″ N,
081°29′18″ W; thence to 30°47′02″ N,
081°29′34″ W; thence to 30°47′21″ N,
081°29′39″ W; thence to 30°48′00″ N,
081°29′42″ W; thence to 30°49′07″ N,
081°29′56″ W; thence to 30°49′55″ N,
081°30′35″ W; thence to 30°50′15″ N,
081°31′08″ W; thence to 30°50′14″ N,
081°31′30″ W; thence to 30°49′58″ N,
081°31′45″ W; thence to 30°49′58″ N,
081°32′03″ W; thence to 30°50′12″ N,
081°32′17″ 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 ‘‘1’’ at the mouth of the
Amelia River demarks the southern
boundary; day marker number ‘‘2’’ at
the mouth of the St. Marys River indicates the western boundary; and the
eastern boundary extends out to three
(3) nautical miles in the Atlantic
Ocean, with the zone also encompassing the waters within 1000 yards of
the entrance channel east of the jetties.
(c) 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
nor to authorized law enforcement
agencies.
[COTP Jacksonville Reg. 90–94, 55 FR 42374,
Oct. 19, 1990]

§ 165.749 Security Zone: Escorted Vessels, Savannah, Georgia, Captain of
the Port Zone.
(a) Definitions. The following definitions apply to this section:
COTP means Captain of the Port Savannah, GA.
Designated
representatives
means
Coast Guard Patrol Commanders including Coast Guard coxswains, petty
officers and other officers operating
Coast Guard vessels, and Federal,
State, and local officers designated by
or assisting the COTP, in the enforcement of the security zone.
Escorted vessel means a vessel, other
than a large U.S. naval vessel as defined in 33 CFR 165.2015, that is accompanied by one or more Coast Guard assets or other Federal, State or local
law enforcement agency assets clearly
identifiable by lights, vessel markings,
or with agency insignia as listed below:
(1) Coast Guard surface or air asset
displaying the Coast Guard insignia.
(2) State and/or local law enforcement asset displaying the applicable
agency markings and/or equipment associated with the agency.
(3) When escorted vessels are moored,
dayboards or other visual indications
such as lights or buoys may be used. In
all cases, broadcast notice to mariners
will be issued to advise mariners of
these restrictions.
Minimum safe 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 minimum safe
speed. In no instance should minimum
safe speed be interpreted as a speed less
than that required for a particular vessel to maintain steerageway. A vessel
is not proceeding at minimum safe
speed if it is:
(1) On a plane;

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33 CFR Ch. I (7–1–09 Edition)

(2) In the process of coming up onto
or coming off a plane; or
(3) Creating an excessive wake.
(b) Regulated area. All navigable waters, as defined in 33 CFR 2.36, within
the Captain of the Port Zone, Savannah, Georgia 33 CFR 3.35–15.
(c) Security zone. A 300-yard security
zone is established around each escorted vessel within the regulated area
described in paragraph (b) of this section. 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 regulated area in
this section.
(d) Regulations. (1) The general regulations for security zones contained in
§ 165.33 of this part apply to this section.
(2) A vessel may request the permission of the COTP Savannah or a designated representative to enter the security zone described in paragraph (c)
of this section. If permitted to enter
the security zone, a vessel must proceed at the minimum safe speed and
must comply with the orders of the
COTP or a designated representative.
No vessel or person may enter the
inner 50-yard portion of the security
zone closest to the vessel.
(e) Notice of security zone. The COTP
will inform the public of the existence
or status of the security zones around
escorted vessels in the regulated area
by Broadcast Notice to Mariners. Coast
Guard assets or other Federal, State or
local law enforcement agency assets
will be clearly identified by lights, vessel markings, or with agency insignia.
When escorted vessels are moored,
dayboards or other visual indications
such as lights or buoys may be used.
(f) Contact information. The COTP Savannah may be reached via phone at
(912) 652–4353. Any on scene Coast
Guard or designated representative assets may be reached via VHF–FM channel 16.

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[USCG–2007–0157, 73 FR 37837, July 2, 2008]
Latitude

§ 165.751 Security Zone: LNG mooring
slip, Savannah River, Savannah,
Georgia.
(a) Security Zone. The following area
is a security zone: All the waters from
surface to bottom of the northeastern
most mooring dolphin located at approximately
32[deg]05.01′
North,
080[deg]59.38′ West, to the southeastern
most mooring dolphin located at approximately
32[deg]04.79′
North,
080[deg]59.35′ West, and continues west
along the North and South shoreline of
the mooring slip to the shoreline of the
right descending bank of the Savannah
River. All marine traffic is prohibited
from entering this zone unless authorized by the Captain of the Port (COTP).
(b) Applicability. This section applies
to all vessels including naval and other
public vessels, except vessels that are
engaged in the following operations:
(1) Law enforcement, security, or
search and rescue;
(2) Servicing aids to navigation;
(3) Surveying, maintenance, or improvement of waters in the security
zone; or
(4) Actively engaged in escort, maneuvering, or support duties for an
LNG tankship.
(c) Regulations. In accordance with
the general regulations in § 165.33 of
this part, entry into or movement
within this zone is prohibited unless
authorized by the Captain of the Port
Savannah or vessels engaged in activities defined in paragraph (b).
(d) Reporting of violations. Violations
of this section should be reported to
the Captain of the Port, Savannah, at
(912) 652–4353.
[COTP SAVANNAH 06–160, 72 FR 27246, May
15, 2007]

§ 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):

Longitude

Latitude

Longitude

1:

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Latitude

§ 165.754
Longitude

Latitude

Longitude

27°56′20.5″ N

082°26′42.0″ W ..............................

to

27°56′19.3″ N .................................

82°26′37.5″ W

27°55′32.0″ N

082°26′54.0″ W ..............................

to

27°55′30.9″ N .................................

82°26′49.1″ W

2:

(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]

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§ 165.753 Regulated navigation
Tampa Bay, Florida.

area;

(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]

§ 165.754 Safety Zone: San Juan Harbor, San Juan, PR.
(a) Regulated Area. A moving safety
zone is established in the following
area:
(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,

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33 CFR Ch. I (7–1–09 Edition)

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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 Sector San Juan, Puerto Rico, can be contacted at telephone
number 787–289–2041. The Coast Guard
Patrol Commander enforcing the safety
zone can be contacted on VHF-FM
channels 16 and 22A.
(4) Coast Guard Sector 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; USCG–2008–0179, 73
FR 35017, June 19, 2008]

§ 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°56.0′ N in the waters of the Caribbean Sea, on approach to or departure from the Eco-Electrica waterfront
facility in Guayanilla Bay, Puerto
Rico. The safety zone remains in effect
until the LNG vessel is docked at the
Eco-Electrica waterfront facility or
south of Latitude 17°56.0′ 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°58.55′ N, 066°45.3′ W. This safety zone
remains in effect while the LNG vessel
is docked with product aboard or is
transferring LNG.
(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) Coast Guard Sector 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, as amended by USCG–2008–0179, 73 FR
35017, June 19, 2008]

§ 165.756 Regulated Navigation Area;
Savannah River, Georgia.
(a) Regulated Navigation Area (RNA).
The Savannah River between Fort
Jackson (32°04.93′ N, 081°02.19′ W) and
the Savannah River Channel Entrance
Sea Buoy is a regulated navigation
area when an LNG tankship in excess
of heel is transiting the area or moored
at the LNG facility. All coordinates are
North American Datum 1983.
(b) Definitions. The following definitions apply to this section:
Bare steerage way means the minimum speed necessary for a ship to
maintain control over its heading.
Bollard pull means an industry standard used for rating tug capabilities and

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§ 165.756

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 means a towing technique
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.
Fire Wire means a length of wire rope
or chain hung from the bow and stern
of a vessel in port to allow the vessel to
be towed away from the pier in case of
fire; also called fire warp or emergency
towing wire.
Heel means the minimum quantity of
liquefied natural gas (LNG) retained in
an LNG tankship after unloading at
the LNG facility to maintain temperature, pressure, and/or prudent operations. A quantity of LNG less than
five percent (5 %) of the LNG tankship’s carrying capacity shall be presumed to be heel.
Indirect mode means a towing technique 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 readily available at
the facility and equipped to provide a
ready means of assistance to maintain

a safe zone around LNG tankships, provide emergency firefighting assistance,
and aid the LNG tankship in the event
of an emergency departure.
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, security, or
search and rescue;
(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 an
LNG tankship.
(d) Regulations—(1) Requirements for
vessel operations while a LNG tankship,
carrying LNG in excess of heel, is underway within the RNA. (i) Except for a
vessel that is moored at a marina,
wharf, or pier, and remains moored, no
vessel 1,600 gross tons or greater may
come within two nautical miles of a
LNG tankship, carrying LNG in excess
of heel, which is underway within the
Savannah River shipping channel without the permission of the Captain of
the Port (COTP).
(ii) All vessels less than 1,600 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 part 160. The COTP
may delay the vessel’s entry into the
RNA to accommodate other commercial traffic.
(B) Obtain permission from the COTP
before commencing the transit into the
RNA.
(C) 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.
(D) While transiting the RNA, the
LNG tankship, carrying LNG in excess
of heel, shall have a minimum of two
escort towing vessels with a minimum
of 100,000 pounds of bollard pull, 4,000
horsepower and capable of safely operating in the indirect mode. At least one

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33 CFR Ch. I (7–1–09 Edition)

of the towing vessels shall be FiFi
Class 1 equipped.
(2) Requirements while an LNG tankship is moored outside of the LNG facility
slip. (i) An LNG tankship moored outside of the LNG facility slip shall have
on-scene 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 in order to
escort transiting vessels 1,600 gross
tons or greater past the moored LNG
tankship. At least one of these towing
vessels shall be FiFi Class 1 equipped.
(ii) In addition to the two towing vessels required by paragraph (d)(2)(i) of
this section, the LNG tankship moored
outside of the slip shall have at least
one standby towing vessel with a minimum of 90,000 pounds of bollard pull to
take appropriate actions in an emergency as directed by the LNG vessel
bridge watch required in paragraph
(d)(5) of this section.
(3) Requirements while LNG tankships
are moored inside the LNG facility slip. (i)
An LNG tankship moored inside the
LNG facility slip shall have two standby towing vessels with a minimum capacity of 100,000 pounds of bollard pull,
4,000 horsepower, and the ability to operate safely in the indirect mode. At
least one of these towing vessels shall
be FiFi Class 1 equipped. The standby
towing vessels shall take appropriate
action in an emergency as directed by
the LNG vessel bridge watch required
in paragraph (d)(5) of this section.
(ii) If two LNG tankships are moored
inside the LNG facility slip, each vessel
shall provide a standby towing vessel
that is FiFi class 1 equipped with a
minimum capacity of 100,000 pounds of
bollard pull and 4,000 horsepower that
is available to assist as directed by the
LNG vessel bridge watch required in
paragraph (d)(5) of this section.
(4) Requirements while LNG tankships
are moored both inside the LNG facility
slip and outside the LNG facility slip. (i)
When one LNG tankship is moored inside and one LNG tankship is moored
outside of the LNG facility slip, the
LNG tankship moored outside of the
LNG facility slip shall have on-scene a
minimum of two escort towing vessels
each with a minimum of 100,000 pounds
of bollard pull, 4,000 horsepower and ca-

pable of safely operating in the indirect mode in order to escort transiting
vessels 1,600 gross tons or greater past
the moored LNG tankship. At least one
of these towing vessels shall be FiFi
Class 1 equipped. In addition, the LNG
tankship moored inside of the slip shall
have at least one standby towing vessel
with a minimum of 100,000 pounds of
bollard pull, 4,000 horsepower and FiFi
Class 1 equipped to take appropriate
actions in an emergency as directed by
the LNG vessel bridge watch required
in paragraph (d)(5) of this section.
(ii) When one LNG tankship is
moored outside and two LNG tankships
are moored inside the LNG facility
slip, the LNG tankship moored outside
of the LNG facility slip shall have onscene 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 in order to escort
transiting vessels 1,600 gross tons or
greater past the moored LNG tankship.
At least one of these towing vessels
shall be FiFi Class 1 equipped. In addition, the LNG tankships moored inside
of the slip shall have at least one
standby towing vessel between the two
ships with a minimum of 100,000 pounds
of bollard pull, 4,000 horsepower and
FiFi Class 1 equipped to take appropriate actions in an emergency as directed by the LNG vessel bridge watch
required in paragraph (d)(5) of this section.
(iii) In the event of an actual emergency, escort towing vessels can be utilized as stand-by towing vessels to take
appropriate actions as directed by the
LNG vessel bridge watch required in
paragraph (d)(5) of this section.
(5) Requirements for moored LNG tankships. (i) While moored within the RNA,
each LNG tankship shall maintain a
bridge watch consisting of a docking
pilot or licensed deck officer who shall
monitor all vessels transiting past the
LNG facility. In addition, the LNG
Bridge Watch shall communicate with
the pilots of vessels greater than 1600
gross tons at the points identified in
section (d)(6)(iii) of this section prior
to passing the LNG facility in order to
take actions of the towing vessel(s) required in paragraphs (d)(2) through (4)
of this section.

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(ii) While moored within the RNA,
LNG tankships shall have emergency
towing wires (fire wires) positioned one
meter above the waterline, both on the
off-shore bow and quarter of the ship.
LNG vessels equipped with waterline
bollards are exempt from this requirement.
(6) Requirements for other vessels while
within the RNA. (i) Transiting vessels
1,600 gross tons or greater, when passing an LNG tankship moored outside of
the LNG facility slip, shall have a minimum of two towing vessels 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. At least one of the
towing vessels shall be FiFi Class 1
equipped. While it is anticipated that
vessels will utilize the towing vessel
services required in paragraphs (d)(2)(i)
and (d)(4)(i) of this section, this section
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 madeup 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.
(ii) The requirements in paragraph
(d)(6)(i) of this section do not apply
when one or more LNG tankships are
moored in the LNG facility slip and no
LNG tankship is moored at the pier
outside of the LNG facility slip.
(iii) Vessels 1,600 gross tons or greater shall make a broadcast on channel
13 at the following points on the Savannah River:
(A) Buoy ‘‘33’’ in the vicinity of
Fields Cut for inbound vessels;
(B) Buoy ‘‘53’’ in the vicinity of Fort
Jackson for outbound vessels.
(iv) Vessels 1,600 gross tons or greater
shall at a minimum, transit at bare
steerageway when within an area 1,000
yards on either side of the LNG facility
slip to minimize potential wake or

surge damage to the LNG facility and
vessel(s) within the slip.
(v) Vessels 1,600 gross tons or greater
shall not meet nor overtake within an
area 1,000 yards on either side of the
LNG facility slip when an LNG tankship is present within the slip.
(vi) All vessels less than 1,600 gross
tons shall not approach within 70 yards
of an LNG tankship, carrying LNG in
excess of heel, without the permission
of the Captain of the Port.
(vii) Except for vessels involved in
those operations noted in paragraph (c)
of this section entitled Applicability,
no vessel shall enter the LNG facility
slip at any time without the permission of the Captain of the Port.
(e) 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. Such waivers may be
verbal or in writing.
(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.
(f) 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 § 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.
[CGD07–05–138, 72 FR 2453, Jan. 19, 2007]

§ 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 100yard radius surrounding all Liquefied
Hazardous Gas (LHG) vessels with
product aboard while transiting north
of Latitude 17°57.0′ 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.

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33 CFR Ch. I (7–1–09 Edition)

(2) Port of Tallaboa, Puerto Rico. A 100yard radius surrounding all Liquefied
Hazardous Gas (LHG) vessels with
product aboard while transiting north
of Latitude 17°56.0′ 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°57.0′ 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°39.0′ 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 § 165.23 of
this part, anchoring, mooring or
transiting in these zones is prohibited
unless authorized by the Coast Guard
Captain of the Port. Coast Guard Sector 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).

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[COTP San Juan 02–038, 67 FR 60867, Sept. 27,
2002, as amended by USCG–2008–0179, 73 FR
35017, June 19, 2008]

§ 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°28′17′ N, 66°07′37.5′ 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 § 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 Sector
San Juan 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 Coast Guard 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.
[CGD07–02–042, 67 FR 76991, Dec. 16, 2002, as
amended by USCG–2008–0179, 73 FR 35017,
June 19, 2008]

§ 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′ 35″ N, 81 deg, 19′ 08″ 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

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around all tank vessels, cruise ships,
and military pre-positioned ships
docked in the Ports of Jacksonville,
Fernandina, and Canaveral, Florida.
(b) Regulations. In accordance with
the general regulations § 165.33 of this
part, entry into these zones is prohibited except as authorized by the Captain of the Port, 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.

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

§ 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 water,
from surface to bottom, in Old Tampa
Bay east and south of a line commencing at position 27°53.32′ N,
082°32.05′ W; north to 27°53.36′ N,
082°32.05′ W, including on land portions
of Chemical Formulators Chlorine Facility, where the fenced area is bounded
by a line connecting the following
points: 27°53.21′ N, 082°32.11′ W; west to
27°53.22′ N, 082°32.23′ W; then north to
27°53.25′ N, 082°32.23′ W; then west again
to 27°53.25′ N, 082°32.27′ W; then north
again to 27°53.29′ N, 082°32.25′ W; then
east to 27°53.30′ N, 082°32.16′ W; then
southeast terminating at 27°53.21′ N,
082°32.11′ 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°51.62′
N, 082°33.14′ W; east to 27°51.71′ N,

082°32.5′ W; north to 27°51.76′ N, 082°32.5′
W; west to 27°51.73′ N, 082°33.16′ W; and
south to 27°51.62′ N, 082°33.14′ W, closing
off the Old Port Tampa channel.
(3) Sunshine Skyway Bridge, FL. All
waters in Tampa Bay, from surface to
bottom, in Cut ‘‘A’’ channel beneath
the bridge’s main span encompassed by
a line connecting the following points:
27°37.30′ N, 082°39.38′ W to 27°37.13′ N,
082°39.26′ W; and the bridge structure
columns, base and dolphins. This zone
is specific to the bridge structure and
dolphins and does not include waters
adjacent to the bridge columns or dolphins outside of the bridge’s main span.
(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 and Port Sutton, Tampa, FL.
All waters, from surface to bottom, extending 50 yards from the shore, seawall, and piers around facilities in Port
Sutton within the Port of Tampa encompassed by a line connecting the following points: 27°54.15′ N, 082°26.11′ W;
east northeast to 27°54.19′ N, 082°26.00′
W; then northeast to 27°54.37′ N,
082°25.72′ W, closing off all Port Sutton
channel; then northerly to 27°54.48′ N,
082°25.70′ 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°56.05′
N, 082°25.95′ W, southwesterly to

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27°56.00′ N, 082°26.07′ W, then southerly
to 27°55.83′ N, 082°26.07′ W, then southeasterly to 27°55.55′ N, 082°25.75′ W, then
south to 27°54.75′ N, 082°25.75′ W, then
southwesterly and terminating at
point 27°54.57′ N, 082°25.86′ W.
(7) Piers, seawalls, and facilities, Port
of Tampa, on the western side of Hooker’s
Point, Tampa, FL. All waters, from surface to bottom, extending 50 yards
from the shore, seawall, and piers
around facilities on Hillsborough Bay
northern portion of 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°54.74′ N, 082°26.47′ W; northwest to
27°55.25′ N, 082°26.73′ W; then northnorthwest to 27°55.60′ N, 082°26.80′ W;
then north-northeast to 27°56.00′ N,
082°26.75′ W; then northeast to 27°56.58′
N, 082°26.53′ W; and north to 27°57.29′ N,
082°26.51′ W; west to 27°57.29′ N, 082°26.61′
W; then southerly to 27°56.65′ N,
082°26.63′ W; southwesterly to 27°56.58′
N, 082°26.69′ W; then southwesterly and
terminating at 27°56.53′ N, 082°26.90′ 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°38.00′ N, 082°33.81′ W; continuing east to 27°38.00′ N, 082°33.53′ 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°35.35′
N, 083°00.71′ 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°35.35′ N,
083°00.71′ 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°45.56′ N, 082°37.55′
W, and westward along the seawall to
the end of the cruise terminal in approximate position 27°45.72′ N, 082°37.97′
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°45.51′ N,
082°37.99′ W; to 27°45.52′ N, 082°37.57′ 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°56.87′ N, 082°45.17′ W
(Northwest corner); 28°57.37′ N, 082°41.92′
W (Northeast corner); 28°56.81′ N,
082°45.17′ W (Southwest corner); and
28°57.32′ N, 082°41.92′ W (Southeast corner).

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(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°57.61′ N, 082°43.42′ W (Northwest corner); 28°57.53′ N, 082°41.88′ W (Northeast
corner); 28°57.60′ N, 082°43.42′ W (Southwest corner); and 28°57.51′ N, 082°41.88′
W (Southeast corner).
(14) Big Bend Power Plant, FL. 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°48.08′ N, 082°24.88′ W; then
northwest to 27°48.15′ N, 082°24.96′ W;
then southwest to 27°48.10′ N, 082°25.00′
W; then south-southwest to 27°47.85′ N,
082°25.03′ W; then southeast to 27°47.85′
N, 082°24.79′ W; then east to 27°47.55′ N,
082°24.04′ W; then north to 27°47.62′ N,
082°84.04′ W; then west to 27°47.60′ N,
082°24.72′ W; then north to 27°48.03′ N,
082°24.70′ W; then northwest to 27°48.08′
N, 082°24.88′ W, closing off entrance to
Big Bend Power Facility and the attached cooling canal.
(15) Weedon Island Power Plant, FL.
All waters of Tampa Bay, from surface
to bottom, extending 50-yards from the
shore, seawall and piers around the
Power Facility at Weedon Island encompassed by a line connecting the following points: 27°51.52′ N, 082°35.82′ W;
then north and east along the shore to
27°51.54′ N, 082°35.78′ W; then north to
27°51.68′ N, 082°35.78′ W; then north to
27°51.75′ N, 082°35.78′ W, closing off entrance to the canal; then north to
27°51.89′ N, 082°35.82′ W; then west along
the shore to 27°51.89′ N, 082°36.10′ W;
then west to 27°51.89′ N, 082°36.14′ W,
closing off entrance to the canal.
(b) Definitions. As used in this section—
Cruise ship means a vessel required to
comply with 33 CFR part 120.
Designated representative means Coast
Guard Patrol Commanders including
Coast Guard coxswains, petty officers
and other officers operating Coast
Guard vessels, and federal, state, and
local officers designated by or assisting
the Captain of the Port (COTP), in the
enforcement of regulated navigation
areas, safety zones, and security zones.
(c) Regulation. (1) Entry into or remaining on or within the zones de-

scribed in paragraph (a) of this section
is prohibited unless authorized by the
Captain of the Port Sector St. Petersburg or a designated representative.
(2) Persons desiring to transit the
area of the security zone may contact
the Captain of the Port Sector St. Petersburg or a designated representative
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 designated representative. In the case of moving security zones, notification of activation of
these zones will be given by Broadcast
Notice to Mariners on VHF FM Marine
Band Radio, Channel 22A. For vessels
not equipped with a radio, there will
also be on site notification via a designated representative of the Captain
of the Port.
NOTE TO § 165.760(c)(2): A graphical representation of all fixed security zones will be
made available via the Coast Pilot and nautical charts.

(3) Enforcement. Under § 165.33, no person may cause or authorize the operation of a vessel in the security zones
contrary to the provisions of this section.
(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, as amended by USCG–2007–0062, 73 FR
1282, Jan. 8, 2008]

§ 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

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§ 165.761

33 CFR Ch. I (7–1–09 Edition)

vessel passes: ‘‘LW’’ buoy, at approximate position 26°46.3′ N, 080°00.6′ W,
when entering the Port of Palm Beach,
passes ‘‘PE’’ buoy, at approximate position 26°05.5′ N, 080°04.8′ W, when entering Port Everglades; the ‘‘M’’ buoy, at
approximate position 25°46.1′ N, 080°05.0′
W, when entering the Port of Miami;
and ‘‘KW’’ buoy, at approximate position 24°27.7′ N, 081°48.1′ 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°46.79′ N, 080°10.90′ W, to
25°46.77′ N, 080°10.92′ W to 25°46.88′ N,
080°10.84′ W, and ending on Watson
Park at 25°47.00′ N, 080°10.67′ W. The
eastern boundary is formed by an
imaginary line from the traffic light
located at Bridge road, in approximate
position 25°46.33′ N, 080°09.12′ W, which
leads to Star Island, and MacArthur
Causeway directly extending across the
Main Channel to the Port of Miami, at
25°46.26′ N, 080°09.18′ 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°05.98′ N, 080°07.15′ W, near the
west side of the 17th Street Causeway
Bridge, to the southern most point
26°05.41′ N, 080°06.96′ W, on the northern
tip of pier 22. An additional fixed security zone encompasses the Intracoastal
Waterway between a line connecting
point 26°05.41′ N, 080°06.97′ W, on the
northern tip of berth 22 and a point directly east across the Intracoastal Waterway to 26°05.41′ N, 080°06.74′ W; and a
line drawn from the corner of Port Everglades berth 29 at point 26°04.72′ N,
080°06.92′ W, easterly across the Intracoastal Waterway to John U. Lloyd
Beach, State Recreational Area at
point 26°04.72′ N, 080°06.81′ 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 § 165.33 of this part, entry
into these zones is prohibited except as

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Coast Guard, DHS

§ 165.763

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.

mate position 18°19′15″ North, 64°55′59″
West when entering the port using East
Gregorie Channel; and red lighted buoy
4 in approximate position 18°18′16″
North, 64°57′30″ 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 § 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 Sector
San Juan 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) Coast Guard 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 03–024, 68 FR 33391, June 4,
2003, as amended by USCG–2008–0179, 73 FR
35017, June 19, 2008]

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

§ 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°19′19″ North, 64°55′40″ West
when entering the port using St.
Thomas Channel; red buoy 2 in approxi-

§ 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 50yard 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

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§ 165.764

33 CFR Ch. I (7–1–09 Edition)

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°42′49″ N,
64°53′19″ W. All coordinates are North
American Datum 1983 (NAD 1983).
(b) Regulations. (1) Under general regulations in § 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, 7days-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]

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§ 165.764

[Reserved]

§ 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°05.687′ N,
080°06.684′ W; thence south across Bar
Cut to a point north of the Nova University Marina approximately 26°05.552′
N, 080°06.682′ W, thence southwesterly

to a point near the center of Lake
Mabel approximately 26°05.482′ N,
080°06.793′ W, thence northwesterly to a
point near the Quick Flashing Red #12
approximately 26°05.666′ N, 080°06.947′ W,
thence east to south mid-point tip of
Harbor Heights (starting point) approximately 26°05.687′ N, 080°06.684′ 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]

§ 165.766 Security Zone: HOVENSA Refinery, St. Croix, U.S. Virgin Islands.
(a) Regulated area. The Coast Guard is
establishing a security zone in and
around the HOVENSA Refinery on the
south coast of St. Croix, U.S. Virgin Islands. This security zone includes all
waters from surface to bottom, encompassed by an imaginary line connecting
the following points: Point 1: 17°41′31″
North, 64°45′09″ West, Point 2: 17°39′36″
North, 64°44′12″ West, Point 3: 17°40′00″
North, 64°43′36″ West, Point 4: 17°41′48″
North, 64°44′25″ West, and returning to
the point of origin. These coordinates
are based upon North American Datum
1983 (NAD 1983).
(b) Regulations. (1) Under § 165.33,
entry into or remaining in the security
zone in paragraph (a) of this section is
prohibited unless authorized by the

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Coast Guard, DHS

§ 165.768

Coast Guard Captain of the Port San
Juan or vessels have a scheduled arrival in accordance with the Notice of
Arrival requirements of 33 CFR part
160, subpart C.
(2) Persons and vessels desiring to
transit the Regulated Area may contact the U.S. Coast Guard Captain of
the Port, San Juan, at telephone number 787–289–2041 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.
[COTP San Juan 05–007, 72 FR 43537, Aug. 6,
2007]

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§ 165.767 Security
Zone;
Manbirtee
Key, Port of Manatee, Florida.
(a) Regulated area. The following area
is a security zone: All waters, from surface to bottom, surrounding Manbirtee
Key, Tampa Bay, FL extending 500
yards from the island’s shoreline, in all
directions, not to include the Port
Manatee Channel.
(b) Definitions. As used in this section, designated representative means
Coast Guard Patrol Commanders including Coast Guard coxswains, petty
officers and other officers operating
Coast Guard vessels, and Federal,
State, and local officers designated by
or assisting the Captain of the Port
(COTP), in the enforcement of regulated navigation areas, safety zones,
and security zones.
(c) Regulation. (1) Entry into or remaining on or within the security zone
is prohibited unless authorized by the
Captain of the Port Sector St. Petersburg or his designee.
(2) Persons desiring to transit the security zone may contact the Captain of
the Port Sector St. Petersburg or his
designee 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 designated representative.
(3) Enforcement. Under § 165.33, no person may cause or authorize the operation of a vessel in the security zone
contrary to the provisions of this section.
[USCG–2007–0061, 73 FR 3651, Jan. 22, 2008]

§ 165.768 Security Zone; MacDill Air
Force Base, Tampa Bay, FL.
(a) Location. The following area is a
security zone which exists concurrent
with an Army Corps of Engineers restricted area in § 334.635 of this title.
All waters within Tampa Bay, Florida
in the vicinity of MacDill Air Force
Base, including portions of the waters
of Hillsborough Bay, Old Tampa Bay,
and Tampa Bay, encompassed by a line
connecting the following coordinates:
latitude 27°51′52.901″ N., longitude
82°29′18.329″ W., thence directly to latitude
27°52′00.672″
N.,
longitude
82°28′51.196″ W., thence directly to latitude
27°51′28.859″
N.,
longitude
82°28′10.412″ W., thence directly to latitude
27°51′01.067″
N.,
longitude
2°27′45.355″ W., thence directly to latitude
27°50′43.248″
N.,
longitude
82°27′36.491″ W., thence directly to latitude
27°50′19.817″
N.,
longitude
82°27′35.466″ W., thence directly to latitude
27°49′38.865″
N.,
longitude
82°27′43.642″ W., thence directly to latitude
27°49′20.204″
N.,
longitude
82°27′47.517″ W., thence directly to latitude
27°49′06.112″
N.,
longitude
82°27′52.750″ W., thence directly to latitude
27°48′52.791″
N.,
longitude
82°28′05.943″ W., thence directly to latitude
27°48′45.406″
N.,
longitude
82°28′32.309″ W., thence directly to latitude
27°48′52.162″
N.,
longitude
82°29′26.672″ W., thence directly to latitude
27°49′03.600″
N.,
longitude
82°30′23.629″ W., thence directly to latitude
27°48′44.820″
N.,
longitude
82°31′10.000″ W., thence directly to latiN.,
longitude
tude
27°49′09.350″
82°32′24.556″ W., thence directly to latitude
27°49′38.620″
N.,
longitude
82°33′02.444″ W., thence directly to latitude
27°49′56.963″
N.,
longitude
82°32′45.023″ W., thence directly to latitude
27°50′05.447″
N.,
longitude
82°32′48.734″ W., thence directly to latitude
27°50′33.715″
N.,
longitude
82°32’45.220″ W., thence directly to a
point on the western shore of the base
at latitude 27°50′42.836″ N., longitude
82°32′10.972″ W.
(b) Definitions. The following definition applies to this section. Designated
representative means Coast Guard Patrol Commanders including Coast
Guard coxswains, petty officers and
other officers operating Coast Guard

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33 CFR Ch. I (7–1–09 Edition)

vessels, and federal, state, and local officers designated by or assisting the
Captain of the Port St. Petersburg
(COTP), in the enforcement of regulated navigation areas, safety zones,
and security zones.
(c) Regulations. In accordance with
the general regulations in § 165.33 of
this part, entry into, anchoring, mooring, or transiting this zone by persons
or vessels is prohibited without the
prior permission of the Coast Guard
Captain of the Port St. Petersburg or a
designated representative.
[USCG–2008–0013, 73 FR 6613, Feb. 5, 2008]

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§ 165.770 Security Zone: HOVENSA Refinery, St. Croix, U.S. Virgin Islands.
(a) Regulated area. The Coast Guard is
establishing a security zone in and
around the HOVENSA Refinery on the
south coast of St. Croix, U.S. Virgin Islands. This security zone includes all
waters from surface to bottom, encompassed by an imaginary line connecting
the following points: Point 1 in position 17°41′31″ N, 064°45′09″ W; Point 2 in
position 17°39′36″ N, 064°44′12″ W; Point 3
in position 17°40′00″ N, 064°43′36″ W;
Point 4 in position 17°41′48″ N, 064°44′25″
W; then tracing the shoreline along the
water’s edge to the point of origin.
These coordinates are based upon
North American Datum 1983 (NAD
1983).
(b) Regulations. (1) Under § 165.33,
entry into or remaining within the regulated area in paragraph (a) of this section is prohibited unless authorized by
the Coast Guard Captain of the Port
San Juan or vessels have a scheduled
arrival at HOVENSA, Limetree Bay,
St. Croix, in accordance with the Notice of Arrival requirements of 33 CFR
part 160, subpart C.
(2) Persons and vessels desiring to
transit the Regulated Area may contact the U.S. Coast Guard Captain of
the Port San Juan at telephone number 787–289–2041 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.
[USCG–2008–0284, 73 FR 27746, May 14, 2008]

§ 165.771 Safety Zone; Bahia de Ponce,
Puerto Rico
(a) Location. The following area is established as a safety zone during the
specified conditions:
(1) A 100 yard radius around any vessel carrying Liquefied Natural Gas
(LNG) cargo while transiting north of
Latitude 17°54′00″ N in the waters of the
Caribbean Sea and the Bahia de Ponce,
on approach to or departure from the
Puerto de Ponce waterfront facility in
Bahia de Ponce.
(2) The waters within 150 feet of any
vessel carrying LNG cargo while
moored at the Puerto de Ponce waterfront facility in Bahia de Ponce, between berths 4 and 7 at approximate
position 17°58′12″N, 066°37′08″ W.
(b) Definitions. The following definitions apply to this section:
Designated
Representative
means
Coast Guard Patrol Commander including Coast Guard coxswains, petty officers and other officers operating Coast
Guard vessels and federal, state, and
local officers designated by or assisting
the COTP San Juan in the enforcement
of the safety zone.
(c) Regulations. 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 or a designated
representative. Persons and vessels desiring to transit the Regulated Area
may contact the U.S. Coast Guard Captain of the Port San Juan at telephone
number 787–289–2041 or on VHF channel
16 (156.9 MHz).
(d) Enforcement periods. The Coast
Guard will notify the maritime community of effective periods via a broadcast notice to mariners on VHF Marine
Band Radio, Channel 22A (156.8 MHz).
[USCG–2007–0075, 73 FR 54951, Sept. 24, 2008]

§ 165.773 Security Zone; Escorted Vessels in Captain of the Port Zone
Jacksonville, Florida.
(a) Definitions. The following definitions apply to this section:
COTP means Captain of the Port
Jacksonville, FL.
Designated
representatives
means
Coast Guard Patrol Commanders including Coast Guard coxswains, petty
officers and other officers operating

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Coast Guard, DHS

§ 165.775

Coast Guard vessels or aircraft, and
federal, state, and local officers designated by or assisting the COTP, in
the enforcement of the security zone.
Escorted vessel means a vessel, other
than a large U.S. naval vessel as defined in 33 CFR 165.2015, that is accompanied by one or more Coast Guard assets or other Federal, State, or local
law enforcement agency assets clearly
identifiable by lights, vessel markings,
or with agency insignia as follows:
(1) Coast Guard surface or air asset
displaying the Coast Guard insignia.
(2) State and/or local law enforcement asset displaying the applicable
agency markings and/or equipment associated with the agency.
(3) When escorted vessels are moored,
dayboards or other visual indications
such as lights or buoys may be used. In
all cases, broadcast notice to mariners
will be issued to advise mariners of
these restrictions.
Minimum safe 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 minimum safe
speed. In no instance should minimum
safe speed be interpreted as a speed less
than that required for a particular vessel to maintain steerageway. A vessel
is not proceeding at minimum safe
speed if it is:
(1) On a plane;
(2) In the process of coming up onto
or coming off a plane; or
(3) Creating an excessive wake.
(b) Regulated area. All navigable waters, as defined within Captain of the
Port Zone, Jacksonville, Florida as defined in 33 CFR 3.35–20.
(c) Security zone. A 500-yard security
zone is established around each escorted vessel within the regulated area
described in paragraph (b) of this section. 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 regulated area in
this section.

(d) Regulations. (1) The general regulations for security zones contained in
§ 165.33 of this part applies to this section.
(2) A vessel may request the permission of the COTP or a designated representative to enter the security zone
described in paragraph (c) of this section. If permitted to enter the security
zone, a vessel must proceed at the minimum safe speed and must comply with
the orders of the COTP or a designated
representative. No vessel or person
may enter the inner 100-yard portion of
the security zone closest to the vessel.
(e) Notice of security zone. The COTP
will inform the public of the existence
or status of the security zones around
escorted vessels in the regulated area
by Broadcast Notice to Mariners. Coast
Guard assets or other Federal, State or
local law enforcement agency assets
will be clearly identified by lights, vessel markings, or with agency insignia.
When escorted vessels are moored,
dayboards or other visual indications
such as lights or buoys may be used.
(f) Contact information. The COTP
Jacksonville may be reached via phone
at (904) 564–7513. Any on scene Coast
Guard or designated representative assets may be reached via VHF–FM channel 16.
[USCG–2008–0203, 73 FR 28710, May 19, 2008]

§ 165.775 Safety Zone; Captain of the
Port Zone Jacksonville; Offshore
Cape Canaveral, Florida.
(a) Regulated area. (1) Zone (A) is defined by four latitude and longitude
corner points. Zone A originates from
the baseline at position 28°45.7′ N,
080°42.7′ W; then proceeds northeast to
28°50.1′ N, 080°29.9′ W; then proceeds
southeast to 28°31.3′ N, 080°19.6′ W; then
proceeds west back to the baseline at
position 28°31.3′ N, 080°33.4′ W.
(2) Zone (B) is defined by four latitude and longitude corner points. Zone
B originates from the baseline at position 28°40.1′ N, 080°38.4′ W; then proceeds northeast to 28°48.8′ N, 080°28.9′ W;
then proceeds southeast to 28°29.7′ N,
080°18.9′ W; then proceeds west back to
the baseline at position 28°29.7′ N,
080°31.6′ W.
(3) Zone (C) is defined by four latitude and longitude corner points. Zone

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§ 165.776

33 CFR Ch. I (7–1–09 Edition)

C originates from the baseline at position 28°36.2′ N, 080°35.3′ W; then proceeds northeast to 28°45.6′ N, 080°25.2′ W;
then proceeds south to 28°26′ N, 080°20.8′
W; then proceeds west back to the
baseline at position 28°26′ N, 080°34.4′ W.
(4) Zone (D) is defined by four latitude and longitude corner points. Zone
D originates from the baseline at position 28°31.6′ N, 080°34′ W; then proceeds
east to 28°31.6′ N, 080°20.1′ W; then proceeds south to 28°16.7′ N, 080°23.3′ W;
then proceeds northwest back to the
baseline at position 28°21.6′ N, 080°36.1′
W.
(b) Definitions. The following definitions apply to this section:
Designated representative means Coast
Guard Patrol Commanders including
Coast Guard coxswains, petty officers
and other officers operating Coast
Guard vessels, and federal, state, and
local officers designated by or assisting
the Captain of the Port (COTP) Jacksonville in the enforcement of regulated navigation areas, safety zones,
and security zones.
(c) Regulations. 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 Coast Guard
Captain of the Port Jacksonville or his
designated representative.
(d) Notice of a Safety Zone. The proposed safety zones are temporary in nature and will only be enacted and enforced prior to, and just after a successful launch. The COTP will inform
the public of the existence or status of
the safety zone(s) by Broadcast Notice
to Mariners on VHF–FM channel 16,
Public Notice, on-scene presence, and
by the display of a yellow ball from a
90-foot pole near the shoreline at approximately 28°35′00″ N, 080°34′36″ W,
and from a 90-foot pole near the shoreline at approximately 28°25′18″ N,
080°35′00″ W. Coast Guard assets or
other Federal, State, or local law enforcement assets will be clearly identified by lights, markings, or with agency insignia.
(e) Contact information. The COTP
Jacksonville may be reached by telephone at (904) 564–7513. Any on-scene
Coast Guard or designated representa-

tive assets may be reached on VHF–FM
channel 16.
[USCG–2008–0411, 74 FR 14728, Apr. 1, 2009]

§ 165.776 Security Zone; Coast Guard
Base San Juan, San Juan Harbor,
Puerto Rico
(a) Location. The following area is a
security zone: All waters from surface
to bottom, encompassed by an imaginary line connecting the following
points, beginning at 18°27′39″ N,
066°06′56″ W; then east to Point 2 at
18°27′39″ N, 066°06′52″ W; then south to
Point 3 at 18°27′35″ N, 066°06′52″ W; then
southwest to Point 4 at 18°27′30″ N,
066°06′59″ W; then northeast to Point 5
at 18°27′25″ N, 066°07′07″ W; then north to
Point 6 at 18°27′46″ N, 066°07′10″ W; then
back to shore at the northwest end of
the CG facility at Point 7 at 18°27′46″ N,
066°07′07″ W. These coordinates are
based upon North American Datum
1983.
(b) Definitions. As used in this section—
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.
(c) Regulations. (1) No person or vessel
may enter into the security zone described in paragraph (a) of this section
unless authorized by the Captain of the
Port San Juan.
(2) Vessels seeking to enter the security zone established in this section
may contact the COTP on VHF channel
16 or by telephone at (787) 289–2041 to
request permission.
[USCG–2008–0440, 74 FR 9769, Mar. 6, 2009]

§ 165.777 Security Zone; West Basin,
Port Canaveral Harbor, Cape Canaveral, Florida.
(a) Regulated area. The following area
is a security zone: All waters of the
West Basin of Port Canaveral Harbor
northwest of an imaginary line between two points: 28°24′57.88″ N,
080°37′25.69″
W
to
28°24′37.48″
N,
080°37′34.03″ W.
(b) Requirement. (1) This security zone
will be activated 4 hours prior to the
scheduled arrival of a cruise ship at the
West Basin of Port Canaveral Harbor
during MARSEC Levels 2 and 3 or when

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§ 165.778

the COTP determines there is a specified credible threat during MARSEC
Level 1. This security zone will not be
deactivated until the departure of all
cruise ships from the West Basin. The
zone is subject to enforcement when it
is activated.
(2) Under general security zone regulations of 33 CFR 165.33, no vessel or
person may enter or navigate within
the regulated area unless specifically
authorized by the COTP or the COTP’s
designated representative. Any person
or vessel authorized to enter the security zone must operate in strict conformance with any direction given by
the COTP or a designated representative and leave the security zone immediately if so ordered.
(3) The public will be notified when
the security zone is activated by the
display of a red ball on a 50-foot pole
located at the east end of Cruise Ship
terminal 10. This red ball will be lowered when the security zone is deactivated. To ensure boaters are given sufficient knowledge of the security zone,
the Coast Guard will continuously
broadcast the activations of the zone
and law enforcement vessels will be on
scene to inform boaters that the zone
has been activated. Vessels encroaching on the security zone will be issued
a Public Notice which clearly states
the location of the security zone and
the times it will be enforced. This will
be the boater’s first warning prior to
enforcement action being taken.
(c) Definitions. The following definition applies to this section:
Designated representative means Coast
Guard Patrol Commanders including
Coast Guard coxswains, petty officers
and other officers operating Coast
Guard vessels, and federal, state, and
local law enforcement officers designated by or assisting the COTP in the
enforcement of the security zone.
(d) Captain of the Port contact information. If you have questions about this
regulation, please contact the Sector
Command Center at (904) 564–7513.
(e) Enforcement periods. This section
will only be subject to enforcement
when the security zone described in
paragraph (a) is activated as specified
in paragraph (b)(1) of this section.
[USCG–2008–0752, 74 FR 15856, Apr. 8, 2009]

§ 165.778 Security Zone; Port of Mayaguez, Puerto Rico.
(a) Security zone. A moving and fixed
security zone is established around all
cruise ships entering, departing, mooring, or anchoring in the Port of Mayaguez, Puerto Rico. The regulated area
includes all waters from surface to bottom within a 50-yard radius of the vessel. The zone is activated when a cruise
ship on approach to the Port of Mayaguez enters within 1 nautical mile of
the Bahia de Mayaguez Range Front
Light located in position 18°13′12″ N
067°10′46″ W. The zone is deactivated
when a cruise ship departs the Port of
Mayaguez and is no longer within 1
nautical mile of the Bahia de Mayaguez Range Front Light.
(b) Definitions. As used in this section:
Cruise ship means any vessel over 100
gross registered tons, carrying more
than 12 passengers for hire.
Designated representative means Coast
Guard Patrol Commanders including
Coast Guard coxswains, petty officers
and other officers operating Coast
Guard vessels and Federal, State, and
local officers designated by or assisting
the Captain of the Port San Juan in
the enforcement of the security zone.
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 and servicing pilot and tug
boats.
(c) Regulations. (1) No person or vessel
may enter into the security zone under
this section unless authorized by the
Captain of the Port San Juan.
(2) Vessels seeking to enter a security zone established in this section,
may contact the COTP on VHF channel
16 or by telephone at (787) 289–2041 to
request permission.
(3) All persons and vessels granted
permission to enter the security zone
must comply with the orders of the
Captain of the Port San Juan 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.

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§ 165.T08–0016

33 CFR Ch. I (7–1–09 Edition)

(d) Effective period. This section is effective on April 29, 2009.
[USCG–2008–0070, 74 FR 14049, Mar. 30, 2009]

EIGHTH COAST GUARD DISTRICT
§ 165.T08–0016 Safety Zone; Allegheny
River Mile Marker 0.4 to Mile Marker 0.6, Pittsburgh, PA.

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(a) Location. The following area is a
Safety Zone: the waters of the Allegheny River from mile marker 0.4 to
mile marker 0.6, extending the entire
width of the river.
(b) Effective date. This rule is effective from 8:30 p.m. on May 2, 2009 until
11:30 p.m. on September 26, 2009.
(c) Periods of enforcement. This rule
will only be enforced from 8:30 p.m.
until 11:30 p.m. on days in which fireworks are scheduled to follow a Pittsburgh Pirates baseball game. These
dates are: May 2, May 30, June 27, July
18, August 8, September 5, and September 26, 2009. The Captain of the
Port Pittsburgh or a designated representative will inform the public
through broadcast notices to mariners
of the enforcement period for the safety zone as well as any changes in the
planned schedule.
(d) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this zone is prohibited unless authorized by the Captain of the Port Pittsburgh.
(2) Persons or vessels requiring entry
into or passage through a safety zone
must request permission from the Captain of the Port Pittsburgh or a designated representative. They may be
contacted on VHF–FM Channel 13 or 16,
or through Coast Guard Sector Ohio
Valley at 1–800–253–7465.
(3) All persons and vessels shall comply with the instructions of the Captain of the Port Pittsburgh and designated on-scene U.S. Coast Guard patrol personnel. On-scene U.S. Coast
Guard patrol personnel includes Commissioned, Warrant, and Petty Officers
of the U.S. Coast Guard.
EFFECTIVE DATE NOTE: By USCG–2009–0016,
74 FR 20587, May 5, 2009, temporary § 165.T08–
0016 was added, effective from 8:30 p.m. on
May 2, 2009 until 11:30 p.m. on Sept. 26, 2009.

§ 165.T08–290 Safety Zone; Gulf of Mexico—Johns Pass, Florida.
(a) Regulated area. The Coast Guard is
establishing a temporary safety zone
on the waters of the Gulf of Mexico,
Florida, in the vicinity of the John’s
Pass Bridge, that includes all the waters from surface to bottom, within a
100-yard radius of the following coordinates: 27°46′58″ N, 082°46′57″ W. All coordinates referenced use datum: NAD
83.
(b) Definitions. The following definition applies to this section:
Designated representative means Coast
Guard Patrol Commanders including
Coast Guard coxswains, petty officers
and other officers operating Coast
Guard vessels, and federal, state, and
local officers designated by or assisting
the Captain of the Port (COTP) St. Petersburg, Florida, in the enforcement
of regulated navigation areas and safety and security zones.
(c) Regulations. In accordance with
the general regulations in § 165.23 of
this part, no person or vessel may anchor, moor or transit the Regulated
Area without the prior permission of
the Captain of the Port St. Petersburg,
Florida, or a designated representative.
(d) Dates. This rule is effective until
the bridge construction is completed
tentatively scheduled for July 2010.
(e) Enforcement. This regulated area
will only be enforced while construction operations are taking place. The
Coast Guard does not know the exact
dates of the construction operations at
this time, however Sector St. Petersburg will announce each enforcement
period by publishing the restriction in
the local notice to mariners and
issuing Broadcast Notice to Mariners
24 to 48 hours prior to the start of enforcement. Additionally, on-scene notice will be provided by Coast Guard or
other local law enforcement maritime
units enforcing the safety zone.
EFFECTIVE DATE NOTE: By USCG–2008–0290,
73 FR 51942, Sept. 8, 2008, temporary § 165.T08–
290 was added, effective Aug. 29, 2008 through
Aug. 30, 2010.

§ 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

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Coast Guard, DHS

§ 165.803

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.

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[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
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

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33 CFR Ch. I (7–1–09 Edition)

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
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.

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§ 165.804

(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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33 CFR Ch. I (7–1–09 Edition)

(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, HoustonGalveston, of the nature of the emergency via the most rapid means available.

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

§ 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
side property line at position 30°06′38″
N., 93°17′34″ W., a line extending in an
eastward direction and 50 feet from
shore to a point 50 feet west of mooring
dolphin #1; then due south to a line
running in an eastward direction and 50
feet south of the moored LNG vessel to
a line running due north to a point 50
feet east of mooring dolphin #13; and
then a line extending in an eastward
direction and 50 feet from shore to the
end of the turning basin.
(2) When an LNG vessel is not moored
at the Trunkline LNG facility: Beginning at the west side property line at
position 30°06′38″ N., 93°17′34″ W., a line
extending in an eastward direction and
50 feet from shore to a point 50 feet
west of mooring dolphin #1; then a continuous uniform line extending 50 feet
outside of all facility docks and structures to a point 50 feet east of mooring
dolphin #13; and then a line extending
in an eastward direction and 50 feet
from shore to the end of the turning
basin.
(b) The waters within the following
boundaries are a safety zone while a
non-gas free LNG vessel is transiting
within the Calcasieu River ship channel and between buoy ‘‘CC’’ and the
Trunkline LNG facility: The area 2
miles ahead, 1 mile astern, and to either side of an LNG vessel to the width

of the ship channel. Meeting, crossing,
or overtaking situations are not permitted within the safety zone unless
specifically authorized by the USCG
Captain of the Port.
(c) Notice of transiting LNG vessels
will be provided by Broadcast and/or
Local Notice to Mariners.
[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]

§ 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 SabineNeches 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]

§ 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

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§ 165.810

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]

§ 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
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.

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

§ 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 area is
designated as a security zone: all waters of the Corpus Christi Inner Harbor
from the Inner Harbor Bridge (U.S.
Hwy 181) to, and including the Viola
Turning Basin.
(b) Regulations. (1) No recreational
vessels, passenger vessels, or commercial fishing vessels may enter the security zone unless specifically authorized
by the Captain of the Port Corpus
Christi or a designated representative.

(2) Recreational vessels, passenger
vessels and commercial fishing vessels
requiring entry into the security zone
must contact the Captain of the Port
Corpus Christi or a 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 a 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, as amended by COTP Corpus
Christi–04–006, 70 FR 39178, July 7, 2005]

§ 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

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§ 165.810

33 CFR Ch. I (7–1–09 Edition)

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
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 ves-

sel 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.

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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,
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 (21⁄2) 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 an appropriately licensed or credentialed engineer officer.
(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.

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§ 165.811

33 CFR Ch. I (7–1–09 Edition)

(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
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.
(g) Movement of vessels in the vicinity
of Eighty-One Mile Point, Geary LA mm
167.5–187.9 LMR. (1) Prior to proceeding
upriver past MM 167.5, LMR, Sunshine
Bridge, vessels shall contact Vessel
Traffic Center (VTC) New Orleans on
VHF Channel 63A to check-in. Vessels
must provide name, destination, confirm proper operation of their automated identification system (AIS) if
required under 33 CFR 164.46 and, if applicable, size of tow and number of
loaded and empty barges. At MM 173.7,
LMR, Bringier Point Light, ascending
vessels shall contact VTC New Orleans
and provide a follow-on position check.
At both check-in and follow-on position check, VTC New Orleans will advise the vessel on traffic approaching
Eighty-One Mile Point.
(2) Prior to proceeding downriver
past MM 187.9, LMR, COS-MAR Lights,
vessels shall contact Vessel Traffic
Center (VTC) New Orleans on VHF
Channel 63A to check-in. Vessels must
provide name, destination, confirm
proper operation of their automated
identification system (AIS) if required
under 33 CFR 164.46 and, if applicable,
size of tow and number of loaded and
empty barges. At MM 183.9 LMR, Wyandotte Chemical Dock Lights, descending vessels shall contact VTC

New Orleans and provide a follow-on
position check. At both check-in and
follow-on position check VTC New Orleans will advise the vessel on traffic
approaching Eighty-One Mile Point.
(3) All vessels getting underway between miles 167.5 and 187.9 must checkin with VTC New Orleans on VHF
Channel 63A immediately prior to getting underway and must comply with
the respective ascending and descending check-in and follow-on points listed
in paragraphs (g)(1) and (g)(2) above.
(4) Fleet vessels must check-in with
VTC New Orleans if they leave their respective fleet or if they move into the
main channel. Fleet vessels are not required to check-in if they are operating
exclusively within their fleet.
(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; 64
FR 18813, Apr. 16, 1999; CGD08–07–007, 72 FR
41625, July 31, 2007; USCG–2006–24371, 74 FR
11213, Mar. 16, 2009]

§ 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, § 161.40 of this chapter establishes a VTS Special Area for waters
within a 1000 yard radius of the SPRR
Bridge.
(c) When the Morgan City River
gauge reads 3.0 feet or above mean sea
level, in addition to the requirements
set forth in § 161.13 of this chapter, the
requirements of paragraph (d) and (e)
of this section apply to a towing vessel
which will navigate:
(1) under the lift span of the SPRR
Bridge; or
(2) through the navigational opening
of the U.S. 90 Highway Bridge: or

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§ 165.812

(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.]
Direction of tow

Daytime (sunrise
to sunset)

Nighttime (sunset
to sunrise)

Upbound ...............

400hp or (Length
of tow—300ft) ×
3.
600hp or (Length
of tow—200ft) ×
3.

600hp or (Length
of tow—200ft) ×
3.
600hp or (Length
of tow) × 3.

Downbound ..........

NOTE: A 5% variance from the available horsepower is
authorized.

(2) All tows carrying cargoes of particular hazard as defined in § 160.203 of
this chapter must have available horsepower of at least 600 hp or three times
the length of tow, whichever is greater.
(f) 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

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[CGD 90–020, 59 FR 36334, July 15, 1994, as
amended by CGD 95–033, 60 FR 28333, May 31,
1995; CGD08–06–023, 72 FR 27741, May 17, 2007]

§ 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°52′42″ N, 89°25′54″ 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

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33 CFR Ch. I (7–1–09 Edition)

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.

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

§ 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°21′18″ N, 94°37′36″ 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 HoustonGalveston. 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°21′06″ N,
94°47′00″ 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
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 HoustonGalveston 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,
64048, Oct. 17, 2002]

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§ 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°41′12″ N, 94°59′12″ W

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§ 165.817

(LLNR–23525), and Houston Ship Channel Light 91, 29°41′00″ N, 94°59′00″ 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°36′45″ 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°23′16″ N, 94°53′15″ 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°56′48″ N,
95°18′20″ W, and the western point at
28°56′40″ N, 95°18′33″ W (NAD 1983).
(ii) The Brazos Harbor containing all
waters west of a line drawn between
the northern point at 28°56′27″ N,
95°20′00″ W, and the southern point
28°56′09″ N, 95°20′00″ W (NAD 1983) at its
junction with the Old Brazos River
Cut.
(b) 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
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,
23593, May 5, 2003]

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§ 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]

§ 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:

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33 CFR Ch. I (7–1–09 Edition)

(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.

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

§ 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.
(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 per-

mission 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]

§ 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 VHFFM 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]

§ 165.825 Security Zones; Captain of
the Port St. Louis, Missouri.
(a) Location. The following areas are
security zones:

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(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°10′30″ N, 88°50′30″ W; thence
east to 40°10′30″ N, 88°49′55″ W; thence
south to 40°10′15″ N, 88°49′55″ W; thence
west to 40°10′15″ N, 88°50′30″ 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.
(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 chan-

nel 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 Sector 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]

§ 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—

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33 CFR Ch. I (7–1–09 Edition)

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,
(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;

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(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
[email protected]. 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
(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

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(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
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.

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1 If

changed.

X
X
X
X

X
....................
X

X

....................

....................

X

....................

X

X

X

....................

X

X

24-hour
contact
number

X
X

X

X

....................

X

X

X

(1)

X

X

X

X
X

X

.................... ........................ ....................

....................

....................
X

X

X

X

.................... ........................ .................... ....................

.................... .................... ........................
X
X
X

X

(1)

(1)

X
(1)

X

X

....................

Reporting
point

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

.................... .................... ........................ .................... ....................

X

X

X

X

X

X

X

Name and location of desEstimated
tination of
Barge(s)
Type,
name
Name of
time of deCDC barge
name
and
and
amount
vessel mov- official num- of CDC on- parture from (fleeting area
ing barge(s)
fleeting area or facility), inber
board
or facility
cluding estimated time of
arrival

TABLE 165.830(F)—INFORMATION TO BE REPORTED TO THE IRVMC BY TOWING VESSEL OPERATORS

(1) Upon point of entry into the RNA with a
CDC barge ......................................................
(2) 4 hours before to originating a 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 barges
at a fleeting area or facility
(4) Upon picking up one or more additional
CDC barges from a fleeting area or facility
(5) At designated reporting points in table
165.830(e) .......................................................
(6) When ETA to a reporting point varies by 6
hours from previously reported ETA ...............
(7) Any significant deviation from previously reported information (all that apply) ...................
(8) Upon departing the RNA with a CDC
barge(s) ...........................................................
(9) When directed by the IRVMC .......................

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§ 165.830

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§ 165.835

33 CFR Ch. I (7–1–09 Edition)

(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
24-hour contact
number
(1) Once daily, all CDC barges in a fleeting area
(2) Upon moving one or more CDC barges within
a fleeting area by a fleet tow boat ....................
(3) Any significant deviation from previously reported information (all that apply) .....................
(4) When directed by the IRVMC .........................

Type, name and
amount of CDC
onboard

Location of CDC
barge (fleeting
area or facility)

X

X

X

X

............................

X

X

X

X
X

X
X

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]

§ 165.835 Security Zone; Port of Mobile, Mobile Ship Channel, Mobile,
AL.

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Barge(s) name
and official number

(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°07′50″ N, 88°04′12″ 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 § 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

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Coast Guard, DHS

§ 165.836

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.

erowe on DSK5CLS3C1PROD with CFR

[COTP Mobile–04–057, 70 FR 20813, Apr. 22,
2005]

§ 165.836 Security Zone; Escorted Vessels, Mobile, Alabama, Captain of
the Port.
(a) Definitions. The following definitions apply to this section:
COTP means Captain of the Port Mobile, AL.
Designated
representatives
means
Coast Guard Patrol Commanders including Coast Guard coxswains, petty
officers and other officers operating
Coast Guard vessels, and Federal,
State, and local officers designated by
or assisting the COTP, in the enforcement of the security zone.
Escorted vessel means a vessel, other
than a large U.S. naval vessel as defined in 33 CFR 165.2015, that is accompanied by one or more Coast Guard assets or other Federal, State, or local
law enforcement agency assets clearly
identifiable by flashing lights, vessel
markings, or with agency insignia as
follows: Coast Guard surface or air
asset displaying the Coast Guard insignia. State and/or local law enforcement
asset displaying the applicable agency
markings and/or equipment associated
with the agency. Escorted vessel also
means a moored or anchored vessel
that was escorted by Coast Guard assets or other Federal, State, or local

law enforcement agency assets to its
present location and some or all of
those properly marked assets remain
on-scene to continue to enforce the security zone.
Minimum safe 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 or surge. 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
minimum safe speed. In no instance
should minimum safe speed be interpreted as a speed less than that required for a particular vessel to maintain steerageway. A vessel is not proceeding at minimum safe speed if it is:
(1) On a plane;
(2) In the process of coming up onto
or coming off a plane; or
(3) Creating an excessive wake or
surge.
(b) Regulated area. All navigable waters, as defined in 33 CFR 2.36, within
the Captain of the Port Zone, Mobile,
Alabama, as described in 33 CFR 3.40–
10.
(c) Security zone. A 500-yard security
zone is established around each escorted vessel within the regulated area
described in paragraph (b) of this section. 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 regulated area described in paragraph (b) of this section.
(d) Regulations. (1) The general regulations for security zones contained in
§ 165.33 of this part applies to this section.
(2) A vessel may request the permission of the COTP Mobile or a designated representative to enter the security zone described in paragraph (c)
of this section. If permitted to enter
the security zone, a vessel must proceed at the minimum safe speed and
must comply with the orders of the
COTP or a designated representative.
(e) Notice of security zone. The COTP
will inform the public of the existence
or status of the security zones around
escorted vessels in the regulated area

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§ 165.T09–1247

33 CFR Ch. I (7–1–09 Edition)

by broadcast notices to mariners, normally issued at 30-minute intervals
while the security zones remains in effect. Escorted vessels will be identified
by the presence of Coast Guard assets
or other Federal, State or local law enforcement agency assets.
(f) Contact information. The COTP Mobile may be reached via phone at (251)
441–6211. Any on scene Coast Guard or
designated representative assets may
be reached via VHF–FM channel 16.
[USCG–2008–1013, 73 FR 67107, Nov. 13, 2008, as
amended at 74 FR 22102, May 12, 2009]

NINTH COAST GUARD DISTRICT

erowe on DSK5CLS3C1PROD with CFR

§ 165.T09–1247 Regulated
Navigation
Area and Safety Zone, Chicago Sanitary and Ship Canal, Romeoville,
IL.
(a) Regulated Navigation Area. The following is a Regulated Navigation Area:
All waters of the Chicago Sanitary and
Ship Canal, Romeoville, IL located between mile marker 295.0 (approximately 1.1 miles south of the Romeo
Road Bridge) and mile marker 297.5
(approximately 1.3 miles northeast of
the Romeo Road Bridge).
(1) Definitions. The following definitions apply to this section:
Designated representatives means the
Captain of the Port Lake Michigan and
Commanding Officer, Marine Safety
Unit Chicago.
Red flag barge means any barge certificated to carry any hazardous material in bulk.
Hazardous material means any material as defined in 46 CFR 150.115.
Bow boat means a towing vessel capable of providing positive control of the
bow of a tow containing one or more
barges, while transiting the regulated
navigation area. The bow boat must be
capable of preventing a tow containing
one or more barges from coming into
contact with the shore and other
moored vessels.
(2) Regulations. (i) The general regulations contained in 33 CFR 165.13
apply.
(ii) All up-bound and down-bound
barge tows that contain one or more
red flag barges transiting through the
regulated navigation area must be assisted by a bow boat until the entire

tow is clear of the regulated navigation
area.
(iii) Vessels engaged in commercial
service, as defined in 46 U.S.C. 2101(5),
may not pass (meet or overtake) in the
regulated navigation area and must
make a SECURITE call when approaching the regulated navigation area to
announce intentions and work out
passing arrangements on either side.
(iv) Commercial tows transiting the
regulated navigation area must be
made up with wire rope to ensure electrical connectivity between all segments of the tow.
(v) All vessels are prohibited from
loitering between the Romeo Road
Bridge (approximate mile marker
296.18) and mile marker 296.7 (aerial
pipeline located approximately 0.51
miles north east of Romeo Road
Bridge).
(vi) Vessels may enter the waters between the Romeo Road Bridge (approximate mile marker 296.18) and mile
marker 296.7 (aerial pipeline located
approximately 0.51 miles north east of
Romeo Road Bridge) for the sole purpose of transiting to the other side and
must maintain headway throughout
the transit. All vessels and persons are
prohibited from dredging, laying cable,
dragging, fishing, conducting salvage
operations, or any other activity,
which could disturb the bottom of the
canal in the area located between the
Romeo Road Bridge (approximate mile
marker 296.18) and mile marker 296.7
(aerial pipeline located approximately
0.51 miles north east of Romeo Road
Bridge).
(vii) All personnel on open decks
must wear a Coast Guard approved
Type I personal flotation device while
in the waters between the Romeo Road
Bridge (approximate mile marker
296.18) and mile marker 296.7 (aerial
pipeline located approximately 0.51
miles north east of Romeo Road
Bridge).
(viii) Vessels may not moor or lay up
on the right or left descending banks of
the waters between the Romeo Road
Bridge (approximate mile marker
296.18) and mile marker 296.7 (aerial
pipeline located approximately 0.51
miles north east of Romeo Road
Bridge).

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erowe on DSK5CLS3C1PROD with CFR

Coast Guard, DHS

§ 165.901

(ix) Towboats may not make or break
tows if any portion of the towboat or
tow is located in the waters between
the Romeo Road Bridge (approximate
mile marker 296.18) and mile marker
296.7 (aerial pipeline located approximately 0.51 miles north east of Romeo
Road Bridge).
(3) Compliance. All persons and vessels must comply with this section and
any additional instructions or orders of
the Ninth Coast Guard District Commander, or his designated representatives.
(4) Waiver. For any vessel, the Ninth
Coast Guard District Commander, or
his designated representatives, 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 purposes of vessel and mariner safety.
(b) Safety Zone. (1) The following area
is a safety zone: All waters of the Chicago Sanitary and Ship Canal located
between mile marker 296.0 (approximately 958 feet south of the Romeo
Road Bridge) and mile marker 296.7
(aerial pipeline located approximately
0.51 miles north east of Romeo Road
Bridge).
(2) Notice of enforcement or suspension
of enforcement. The Captain of the Port
Lake Michigan will enforce the safety
zone established by this section only
upon notice. Captain of the Port Lake
Michigan will cause notice of the enforcement of this 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 Lake Michigan will
issue a Broadcast Notice to Mariners
and Local Notice to Mariners notifying
the public when enforcement of these
safety zones is suspended.
(3) Regulations. (i) In accordance with
the general regulations in section
165.23 of this part, entry into,
transiting, or anchoring within this
safety zone is prohibited unless authorized by the Captain of the Port Lake

Michigan, or his on-scene representative.
(ii) This safety zone is closed to all
vessel traffic, except as may be permitted by the Captain of the Port Lake
Michigan or his on-scene representative.
(iii) The ‘‘on-scene 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 to act on his behalf. The on-scene representative of the
Captain of the Port will be aboard either a Coast Guard or Coast Guard
Auxiliary vessel. The Captain of the
Port or his on-scene representative
may be contacted via VHF Channel 16.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Lake
Michigan or his on-scene representative to obtain permission to do so. Vessel operators given permission to enter
or operate in the safety zone must
comply with all directions given to
them by the Captain of the Port Lake
Michigan or his on-scene representative.
EFFECTIVE DATE NOTE: By USCG–2008–1247,
74 FR 6357, Feb. 9, 2009, temporary § 165.T09–
1247 was added, effective from 11:59 p.m. on
Jan. 17, 2009 until Sept. 30, 2009.

§ 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°39′48″ N, 84°27′36″ W; to Bois Blanc Island at 45°43′42″ N, 84°27′36″ W; and a
line north from the mainland at
45°43′00″ N, 84°35′30″ W; to the western
tangent of Bois Blanc Island at 45°48′42″
N, 84°35′30″ W.
(2) The waters of Lake Huron between Mackinac Island and St. Ignace,
Michigan, bounded by a line east from
position 45°52′12″ N, 84°43′00″ W; to
Mackinac Island at 45°52′12″ N, 84°39′00″
W; and a line east from the mainland
at 45°53′12″ N, 84°43′30″ W; to the northern tangent of Mackinac Island at
45°53′12″ N, 84°38′48″ W.

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33 CFR Ch. I (7–1–09 Edition)

(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°46′00″
N, 85°09′12″ W; to White Shoals Light
(LL–2003) at 45°50′30″ N, 85°08′06″ W; to a
point at 45°49′12″ N, 85°04′48″ W; then to
a point at 45°45′42″ N, 85°08′42″ 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]

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§ 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.
§ 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°42′24.5″ W,
which is the southern side of the Norfolk and Southern No. 1 railroad
bridge, southeasterly along the shore
for six hundred (600) feet to the point

where the shoreline intersects longitude 81°42′24.5″ W, which is the Holy
Moses Water Taxi Landing at Fado’s
Restaurant.
(2) One hundred (100) feet downriver
to one hundred (100) feet upriver from
41 degrees 29′53.5″ N, 81 degrees 42′33.5″
W, which is the knuckle on the north
side of the Old River entrance at Ontario Stone.
(3) Fifty (50) feet downriver to fifty
(50) feet upriver from 41 degrees 29′48.4″
N, 81 degrees 42′44″ W, which is the
knuckle adjacent to the Ontario Stone
warehouse on the south side of the Old
River.
(4) From 41 degrees 29′51.1″ N, 81 degrees 42′32.0″ W, which is the corner of
Christie’s Cabaret pier at Sycamore
Slip on the Old River, to fifty (50) feet
east of 41 degrees 29′55.1″ N, 81 degrees
42′27.6″ W, which is the north point of
the pier at Shooter’s Restaurant on the
Cuyahoga River.
(5) Twenty-five (25) feet downriver to
twenty-five (25) feet upriver of 41 degrees 29′48.9″ N, 81 degrees 42′10.7″ W,
which is the knuckle toward the
downriver corner of the Nautica Stage.
(6) Ten (10) feet downriver to ten (10)
feet upriver of 41 degrees 29′45.5″ N, 81
degrees 42′9.7″ W, which is the knuckle
toward the upriver corner of the
Nautica Stage.
(7) The fender on the west bank of
the river at 41 degrees 29′45.2″ N, 81 degrees 42.10″ W, which is the knuckle at
Bascule Bridge (railroad).
(8) The two hundred seventy (270)
foot section on the east bank of the
river between the Columbus Road
bridge (41 degrees 29′18.8″ N, 81 degrees
42′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′24.5″ N, 81 degrees 41′57.2″ W, which is
the knuckle at the Upriver Marine fuel
pump.
(10) Seventy-five (75) feet downriver
to seventy-five (75) feet upriver from 41
degrees 29′33.7″ N, 81 degrees 41′57.5″ W.
which is the knuckle adjacent to the
warehouse at Alpha Precast Products
(United Ready Mix).
(11) Fifteen (15) feet downriver to fifteen (15) feet upriver from 41 degrees
29′41″ N, 81 degrees 41′38.6″ W, which is

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Coast Guard, DHS

§ 165.905

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 § 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]

erowe on DSK5CLS3C1PROD with CFR

§ 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°52′33″ N,
87°36′58″ W
(2) Northeast point: 41°52′33″ N,
87°35′41″ W
(3) Southeast point: 41°50′42″ N,
87°35′41″ W
(4) Southwest point: 41°50′42″ N,
87°36′33″ W
(5) From the southwest point, north
along the Lake Michigan shoreline, in-

cluding 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 VHFFM 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 Lake Michigan, or the U.S.
Secret Service. Other general requirements in §§ 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]

§ 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°41′33″ W
South Boundary: 46°41′18″ W
East Boundary: 92°11′53″ W
West Boundary: 92°12′11″ W

(2) Safety Zone #2 (South Spirit Lake):
North Boundary: 46°40′45″ N
South Boundary: 46°40′33″ N
East Boundary: 92°11′40″ W
West Boundary: 92°12′05″ W

(b) Transit of vessels through the waters covered by these zones is prohibited. Swimming (including water skiing or other recreational use of the

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33 CFR Ch. I (7–1–09 Edition)

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.

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[CGD09–95–026, 60 FR 52862, Oct. 11, 1995]

§ 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° T and northwest of a line running 232° T from a
point at 41°31′28.00″ N, 81°40′02.60″ 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° T from the intersection of
81°39′58.47″ W and reference line running between point A at 41°31′33.45″ N,
81°39′47.45″ W and point B at 41°31′19.67″
N, 81°40′19.17″ 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° T
from point A at 41°31′33.45″ N.,
81°39′47.45″ W.
(4) Restricted area no. 4. Restricted
area no. 4 is the area inside the Lakeside Yacht Club docks which is south-

west of a line running 328° T from the
intersection of 81°39′58.47″ W and a reference line running between point A at
41°31′33.45″ N, 81°39′47.45″ W and point B
at 41°31′19.67″ N, 81°40′19.17″ W, and
northwest of the same reference line.
(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°31′33.45″ N, 81°39′47.45″ W and point
B at 41°31′19.67″ N, 81°40′19.17″ 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.

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(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]

§ 165.907

[Reserved]

§ 165.909

[Reserved]

§ 165.910 Security Zones; Captain of
the Port 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°53′36″ N, 87°36′10″
W, to the northeast corner of the Navy
Pier at 41°53′32″ N, 87°35′55″ W; then following the Navy Pier, seawall, and
Jardine Water Filtration Plant back to
the beginning.
(ii) Regulations. The Captain of the
Port Lake Michigan 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 Lake Michigan
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 Lake Michigan
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 Sector Lake Michigan.
(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°23′45″ N, 88°16′18″ W; then
east to the shoreline at 41°23′39″ N,
88°16′09″ 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°58.656′ N,
86°33.972′ W; then northwest to 41°58.769′

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§ 165.911

33 CFR Ch. I (7–1–09 Edition)

N, 86°34.525′ W; then southwest to
41°58.589′ N, 86°34.591′ W; then southeast
to the shoreline at 41°58.476′ N, 86°34.038′
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°19′07″ N, 86°19′05″ W; then northwest
to 42°19′22″ N, 86°19′54″ W; then north to
42°19′44″ N, 86°19′43″ W; then southeast
back to the shoreline at 42°19′31″ N,
86°18′50″ 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°42′15″
N, 087°29′49″ W (NAD 83).
(6) Zion Nuclear Power Plant. All waters of Lake Michigan encompassed by
a line starting on the shoreline at
42°26′36″ N, 87°48′03″ W; then southeast
to 42°26′20″ N, 87°47′35″ W; then northeast to 42°26′53″ N, 87°47′22″ W; then
northwest to the shoreline at 42°27′06″
N, 87°48′00″ 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°47′10″ N, 87°31′51″
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°54′55″ N, 87°33′20″ 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
79th Street Water Filtration Plant
with its center in the approximate position 41°45′30″ N, 87°32′32″ W.
(b) Regulations. (1) Under § 165.33,
entry into these zones is prohibited unless authorized by the Coast Guard
Captain of the Port Lake Michigan.
Section 165.33 also contains other general requirements.
(2) All persons and vessels shall comply with the instruction of the Captain
of the Port Lake Michigan 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]

§ 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°30.8′ N, 076°25.7′ W; then north to
43°31.2′ N, 076°25.7′ W; then east-northeast to 43°31.6′ N, 076°24.9′ W; then east
to 43°31.8′ N, 076°23.2′ W; then south to
43°31.5′ N, 076°23.2′ 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°16.9′ N,
077°18.9′ W; then north to 43°17.3′ N,
077°18.9′ W; then east to 43°17.3′ N,
077°18.3′ W; then south to 43°16.7′ N,
077°18.3′ 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°00.73′ N, 074°47.85′ W; southeast following the international border to
45°00.25′ N, 074°47.56′ W; then southwest
to 45°00.16′ N, 074°47.76′ W; then east to
the shoreline at 45°00.16′ N, 074°47.93′ W;
then northwest to 45°00.36′ N, 074°48.16′
W; then northeast back to the starting
point (NAD 83).

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§ 165.916

(4) Long Sault Spillway Dam. The waters of the St. Lawrence River bounded
by the following area, starting at
44°59.5′ N, 074°52.0′ W; north to 45°00.0′ N,
074°52.0′ W; east to 45°00.0′ N, 074°51.6′ W,
then south to 44°59.5′ N, 074°51.6′ W;
then west back to the starting point
(NAD 83).
(b) Regulations. (1) In accordance with
§ 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]

erowe on DSK5CLS3C1PROD with CFR

§ 165.912 Security
Perry, OH.

Zone;

Lake

Erie,

(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° 48.187′ N, 081° 08.818′ W; then
due north to 41° 48.7′ N, 081° 08.818′ W;
then due east to 41° 48.7′ N, 081° 08.455′
W; then due south to the south shore of
Lake Erie at 41° 48.231′ N, 081° 08.455′ W;
thence westerly following the shoreline
back to the beginning (NAD 83).
(b) Regulations. In accordance with
the general regulations in § 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]

§ 165.914

[Reserved]

§ 165.915 Security zones; Captain of
the Port Detroit.
(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°58.4′ N, 083°15.4′ W; then northeast to
41°58.5′ N, 083°15.0′ W; then southeast to
41°58.2′ N, 083°13.7′ W; then south to
41°56.9′ N, 083°13.8′ W; then west to
41°56.9′ N, 083°15.2′ W; then back to the
starting point at 41°58.4′ N, 083°15.4′ W
(NAD 83).
(2) Davis Besse Nuclear Power Station.
All waters and adjacent shoreline encompassed by a line commencing at
41°36.1′ N, 083°04.7′ W; north to 41°37.0′ N,
083°03.9′ W; east to 41°35.9′ N, 083°02.5′ W;
southwest to 41°35.4′ N, 083°03.7′ W; then
back to the starting point 41°36.1′ N,
083°04.7′ W (NAD 83).
(b) Regulations. (1) In accordance with
§ 165.33, entry into this zone is prohibited unless authorized by the Coast
Guard Captain of the Port Detroit. 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 Detroit 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]

§ 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

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33 CFR Ch. I (7–1–09 Edition)

at 44°20.715′ N, 087°32.080′ W; then easterly to 44°20.720′ N, 087°31.630′ W; then
southerly to 44°20.480′ N, 087°31.630′ W;
then westerly to 44°20.480′ N, 087°31.970′
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° 17.06 N,
087° 32.15 W, then northeasterly to 44°
17.12 N, 087° 31.59 W, then southeasterly
to 44° 16.48 N, 087° 31.42 W, then southwesterly to 44° 16.42 N, 087° 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
§ 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]

§ 165.918

[Reserved]

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§ 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°00.4′ N, 082°25.327′ W; then east to
43°00.4′ N, 082°25.23.8′ W; then south to
43°00.3′ N, 082°25.238′ W; then west to
43°00.3′ N, 082°25.327′ 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]

§ 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.

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§ 165.921

(5) A liquid material that has a primary or subsidiary classification of Division 6.1 ‘‘poisonous material’’ as listed in 49 CFR 172.101 that is also a ‘‘material poisonous by inhalation’’, as defined in 49 CFR 171.8 and that is in a
bulk packaging, or that is in a quantity in excess of 20 metric tons per
barge when not in a bulk packaging.
(6) Class 7, ‘‘highway route controlled
quantity’’ radioactive material or
‘‘fissile material, controlled shipment’’, as defined in 49 CFR 173.403.
(7) Bulk liquefied chlorine gas and
bulk liquefied gas cargo that is flammable and/or toxic and carried under 46
CFR 154.7.
(8) The following bulk liquids—
(i) Acetone cyanohydrin,
(ii) Allyl alcohol,
(iii) Chlorosulfonic acid,
(iv) Crotonaldehyde,
(v) Ethylene chlorohydrin,
(vi) Ethylene dibromide,
(vii) Methacrylonitrile,
(viii) Oleum (fuming sulfuric acid),
and
(ix) Propylene Oxide.
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.

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33 CFR Ch. I (7–1–09 Edition)

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(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
[email protected]. 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 MSU
Chicago AOR),
(ii) M 303.5 Junction of Chicago Sanitary Ship Canal and Calumet-Sag
Channel,
(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 MSU
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.

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1 If

changed.

X
X
X
X
X
X
X
X
X

X

................
................
................
X
................
X

Name of
vessel
moving
barge(s)

X
................

24-hour
contact
number

X
....................
X

(1)

(1)
X
X
X

X
(1)

X

X

Type, name
and amount
of CDC
onboard

X
X

X
X

X

Barge(s)
name and
official
number

X
..................
X

..................

..................

X

..................

Estimated
time of
departure
from
fleeting
area or
facility

X
........................
X

........................

(1)

X

X

Name and location of destination of
CDC barge
(fleeting area
or facility), including estimated time of
arrival

TABLE 165.921(f)—INFORMATION TO BE REPORTED TO THE IRVMC BY TOWING VESSEL OPERATORS

(1) Upon point of entry into the RNA with a CDC barge ..............................
(2) 4 hours before originating a voyage within the RNA with one or more
CDC barges; but see exception in paragraph (d)(1)(ii) of this section. .....
(3) Upon dropping off one or more CDC barges at a fleeting area or facility
(4) Upon picking up one or more additional CDC barges from a fleeting
area or facility. ............................................................................................
(5) At designated reporting points in 165.921(e) ...........................................
(6) When ETA to a reporting point varies by 6 hours from previously reported ETA .................................................................................................
(7) Any significant deviation from previously reported information (all that
apply) ..........................................................................................................
(8) Upon departing the RNA with a CDC barge (s) ......................................
(9) When directed by the IRVMC ..................................................................

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X
X
X

..................

X

..................

X

Reporting
point

X

X

X

X

X

X

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

Coast Guard, DHS
§ 165.921

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§ 165.923

33 CFR Ch. I (7–1–09 Edition)

(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

(1) Once daily, all CDC barges in a fleeting area ................
(2) Upon moving one or more CDC barges within a fleeting
area by a fleet tow boat ....................................................
(3) Any significant deviation from previously reported information (all that apply) ........................................................
(4) When directed by the IRVMC .........................................

24-hour contact number

Barge(s) name
and official
number

Type, name
and amount of
CDC onboard

Location of
CDC barge
(fleeting area
or facility)

X

X

X

X

........................

X

X

X

X
X

X
X

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)

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[CDG09–03–241, 68 FR 57622, Oct. 6, 2003]

§ 165.923 Regulated Navigation Area
between mile markers 296.1 and
296.7 of the Chicago Sanitary and
Ship
Canal
located
near
Romeoville, IL.
(a) Location. The following is a Regulated Navigation Area: All waters of
the Chicago Sanitary and Ship Canal,
Romeoville, IL between the north side
of Romeo Road Bridge Mile Marker
296.1, and the south side of the Aerial
Pipeline Mile Marker 296.7.
(b) Regulations. (1) The general regulations contained in 33 CFR 165.13
apply.
(2) All vessels are prohibited from
loitering in the regulated navigation
area.
(3) Vessels may enter the regulated
navigation area for the sole purpose of
transiting to the other side, and must

maintain headway throughout the
transit.
(4) All personnel on open decks must
wear a Coast Guard approved Type I
personal flotation device while in the
regulated navigation area.
(5) Vessels may not moor or lay up on
the right or left descending banks of
the regulated navigation area.
(6) Towboats may not make or break
tows in the regulated navigation area.
(7) Vessels may not pass (meet or
overtake) in the regulated navigation
area and must make a SECURITE call
when approaching the barrier to announce intentions and work out passing arrangements on either side.
(8) Commercial tows transiting the
regulated navigation area must be
made up with wire rope to ensure electrical connectivity between all segments of the tow.
(c) Compliance. All persons and vessels shall comply with this rule and
any additional instructions of the
Ninth Coast Guard District Commander, or his designated representative. The Captain of the Port, Lake
Michigan is a designated representative of the District Commander for the
purposes of this rule.
[CGD09–05–131, 70 FR 76694, Dec. 28, 2005]
EFFECTIVE DATE NOTE: By USCG–2008–1247,
74 FR 6357, Feb. 9, 2009, § 165.923 was suspended from Jan. 18, 2009 until Sept. 30, 2009.

§ 165.927 Safety Zone; St. Louis River,
Duluth/Interlake Tar Remediation
Site, Duluth, MN.
(a) Location: The following area is a
safety zone: All waters of Stryker Bay

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Coast Guard, DHS

§ 165.928

and Hallett Slips 6 & 7 which are located north of a boundary line delineated by the following points: From
the
shoreline
at
46°43′10.00″
N,
092°10′31.66″ W, then south to 46°43′06.24″
N, 092°10′31.66″ W, then east to
46°43′06.24″ N, 092°09′41.76″ W, then north
to the shoreline at 46°43′10.04″ N,
092°09′41.76″ W. [Datum NAD 83].
(b) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Duluth, or his designated on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be permitted by the Captain of the Port Duluth or his designated on-scene representative.
(3) The ‘‘designated on-scene 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 to
act on his behalf. The on-scene representative of the Captain of the Port
will be aboard either a Coast Guard or
Coast Guard Auxiliary vessel. The Captain of the Port or his designated onscene representative may be contacted
by calling Coast Guard Marine Safety
Unit Duluth at (218) 720–5286.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Duluth
to obtain permission to do so. Vessel
operators given permission to enter or
operate in the safety zone shall comply
with all directions given to them by
the Captain of the Port Duluth or his
on-scene representative.

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[CGD09–06–122, 71 FR 66112, Nov. 13, 2006]

§ 165.928 Security
Zone;
Mackinac
Bridge, Straits of Mackinac, Michigan.
(a) Definitions. The following definitions apply to this section:
(1) 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 within these zones
and take other actions authorized by
the Captain of the Port. Persons authorized in paragraph (e) to enforce

this section and Vessel Traffic Service
St. Marys River (VTS) are Designated
Representatives.
(2) 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.
(3) Navigable waters of the United
States means those waters defined as
such in 33 CFR part 2.
(4) Public vessel means vessels owned,
chartered, or operated by the United
States, or by a State or political subdivision thereof.
(5) Michigan Law Enforcement Officer
means any regularly employed member
of a Michigan police force responsible
for the prevention and detection of
crime and the enforcement of the general criminal laws of Michigan as defined in Michigan Compiled Laws section 28.602(l)(i).
(b) Security zone. The following area
is a security zone: All waters enclosed
by a line connecting the following
points: 45°50.763 N: 084°43.731 W, which
is the northwest corner; thence east to
45°50.705 N: 084°43.04 W, which is the
northeast corner; thence south to
45°47.242 N: 084°43.634 W, which is the
southeast corner; thence west to
45°47.30 N: 084°44.320 W, which is the
southwest corner; then north to the
point of origin. The zone described
above includes all waters on either side
of the Mackinac Bridge within onequarter mile of the bridge. [Datum:
NAD 1983].
(c) Obtaining permission to enter or
move within, the security zone: All vessels must obtain permission from the
COTP or a Designated Representative
to enter or move within, the security
zone established in this section. Vessels with an operable Automatic Identification System (AIS) unit should
seek permission from the COTP or a
Designated Representative at least 1
hour in advance. Vessels with an operable AIS unit may contact VTS St.
Marys River (Soo Traffic) on VHF
channel 12. Vessels without an operable
AIS unit should seek permission at
least 30 minutes in advance. Vessels

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§ 165.929

33 CFR Ch. I (7–1–09 Edition)

without an operable AIS unit may contact Coast Guard Station St. Ignace on
VHF channel 16.
(d) Regulations. The general regulations in 33 CFR part 165 subpart D,
apply 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
zone 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 entering or
moving within the security zone must
operate at speeds which are necessary
to maintain a safe course and which
will not exceed 12 knots.
(e) 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, any Federal Law Enforcement Officer or Michigan 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.
(f) Exemption. Public vessels as defined in paragraph (a) of this section
are exempt from the requirements in
this section.
(g) Waiver. For any vessel, the Captain of the Port Sault Ste. Marie 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.
(h) Enforcement period. This rule will
be enforced Labor Day of each year; 6
a.m. (local) to 11:59 p.m. (midnight)
(local).
[CGD09–06–019, 71 FR 45389, Aug. 9, 2006]

§ 165.929 Safety Zones; Annual events
requiring safety zones in the Captain of the Port Lake Michigan
zone.
(a) Safety Zones. The following areas
are designated safety zones:
(1) St. Patrick’s Day Fireworks;
Manitowoc, WI—(i) Location. All waters
of the Manitowoc River and Manitowoc
Harbor, near the mouth of the
Manitowoc River on the south shore,
within the arc of a circle with a 100foot radius from the fireworks launch
site located in position 44°05′30″ N,
087°39′12″ W (NAD 83).
(ii) Enforcement date and time. The
third Saturday of March; 5:30 p.m. to 7
p.m.
(2) Michigan Aerospace Challenge Sport
Rocket Launch; Muskegon, MI—(i) Location. All waters of Muskegon Lake,
near the West Michigan Dock and Market Corp facility, within the arc of a
circle with a 1500-yard radius from the
rocket launch site located in position
43°14′21″ N, 086°15′35″ W (NAD 83).
(ii) Enforcement date and time. The
last Saturday of April; 8 a.m. to 4 p.m.
(3) Tulip Time Festival Fireworks; Holland, MI—(i) Location. All waters of
Lake Macatawa, near Kollen Park,
within the arc of a circle with a 1000foot radius from the fireworks launch
site in position 42°47′23″ N, 086°07′22″ W
(NAD 83).
(ii) Enforcement date and time. The
first Friday of May; 7 p.m. to 11 p.m. If
the Friday fireworks are cancelled due
to inclement weather, then this section
will be enforced on the first Saturday
of May; 7 p.m. to 11 p.m.
(4) Rockets for Schools Rocket Launch;
Sheboygan, WI. (i) Location. All waters
of Lake Michigan and Sheboygan Harbor, near the Sheboygan South Pier,
within the arc of a circle with a 1500yard radius from the rocket launch site
located with its center in position
43°44′55″ N, 087°41′52″ W (NAD 83).
(ii) Enforcement date and time. The
first Saturday of May; 8 a.m. to 5 p.m.
(5) Celebrate De Pere; De Pere, WI—(i)
Location. All waters of the Fox River,
near Voyageur Park, within the arc of
a circle with a 500-foot radius from the
fireworks launch site located in position 44°27′10″ N, 088°03′50″ W (NAD 83).

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Coast Guard, DHS

§ 165.929

(ii) Enforcement date and time. The
Sunday before Memorial Day; 8:30 p.m.
to 10 p.m.
(6) [Reserved]
(7) River Splash; Milwaukee, WI—(i)
Location. All waters of the Milwaukee
River, near Pere Marquette Park, within the arc of a circle with a 300-foot radius from the fireworks launch site located on a barge in position 43°02′32″ N,
087°54′45″ W (NAD 83).
(ii) Enforcement date and time. The
first Friday and Saturday of June; 9
p.m. to 11 p.m. each day.
(8) International Bayfest; Green Bay,
WI—(i) Location. All waters of the Fox
River, near the Western Lime Company
1.13 miles above the head of the Fox
River, within the arc of a circle with a
1000-foot radius from the fireworks
launch site located in position 44°31′24″
N, 088°00′42″ W (NAD 83).
(ii) Enforcement date and time. The
second Friday of June; 9 p.m. to 11 p.m.
(9) Harborfest Music and Family Festival; Racine, WI—(i) Location. All waters of Lake Michigan and Racine Harbor, near the Racine Launch Basin Entrance Light, within the arc of a circle
with a 200-foot radius from the fireworks launch site located in position
42°43′43″ N, 087°46′40″ W (NAD 83).
(ii) Enforcement date and time. Friday
and Saturday of the third complete
weekend of June; 9 p.m. to 11 p.m. each
day.
(10) Jordan Valley Freedom Festival
Fireworks; East Jordan, MI—(i) Location.
All waters of Lake Charlevoix, near the
City of East Jordan, within the arc of
a circle with a 1000-foot radius from the
fireworks launch site in position
45°09′18″ N, 085°07′48″ W (NAD 83).
(ii) Enforcement date and time. Saturday of the third weekend of June; 9
p.m. to 11 p.m.
(11) Spring Lake Heritage Festival Fireworks; Spring Lake, MI—(i) Location. All
waters of the Grand River, near buoy
14A, within the arc of a circle with a
500-foot radius from the fireworks
launch site located on a barge in position 43°04′24″ N, 086°12′42″ W (NAD 83).
(ii) Enforcement date and time. The
third Saturday of June; 9 p.m. to 11
p.m.
(12) Elberta Solstice Festival Fireworks;
Elberta, MI—(i) Location. All waters of
Betsie Bay, near Waterfront Park,

within the arc of a circle with a 500foot radius from the fireworks launch
site located in position 44°37′43″ N,
086°14′27″ W (NAD 83).
(ii) Enforcement date and time. The
last Saturday of June; 9 p.m. to 11 p.m.
(13) [Reserved]
(14) Pentwater July Third Fireworks;
Pentwater, MI—(i) Location. All waters
of Lake Michigan and the Pentwater
Channel within the arc of a circle with
a 1000-foot radius from the fireworks
launch site located in position 43°46′57″
N, 086°26′38″ W (NAD 83).
(ii) Enforcement date and time. July 3;
9 p.m. to 11 p.m. If the July 3 fireworks
are cancelled due to inclement weather, then this section will be enforced
July 4; 9 p.m. to 11 p.m.
(15) Taste of Chicago Fireworks; Chicago, IL—(i) Location. All waters of
Monroe Harbor and Lake Michigan
within the arc of a circle with a 1000foot radius from the fireworks launch
site located on a barge in position
41°52′41″ N, 087°36′37″ W (NAD 83).
(ii) Enforcement date and time. July 3;
9 p.m. to 11 p.m. If the July 3 fireworks
are cancelled due to inclement weather, then this section will be enforced
July 4; 9 p.m. to 11 p.m.
(16) U.S. Bank Fireworks; Milwaukee,
WI—(i) Location. All waters of Milwaukee Harbor, in the vicinity of Veterans Park, within the arc of a circle
with a 1000-foot radius from the fireworks launch site located on a barge in
position 43°02′27″ N, 087°53′45″ W (NAD
83).
(ii) Enforcement date and time. July 3;
9 p.m. to 11 p.m. If the July 3 fireworks
are cancelled due to inclement weather, then this section will be enforced
July 4; 9 p.m. to 11 p.m.
(17) National Cherry Festival Fourth of
July Celebration Fireworks; Traverse City,
MI—(i) Location. All waters of the West
Arm of Grand Traverse Bay within the
arc of a circle with a 1000-foot radius
from the fireworks launch site located
on a barge in position 44°46′12″ N,
085°37′06″ W (NAD 83).
(ii) Enforcement date and time. July 4;
9 p.m. to 11 p.m. If the July 4 fireworks
are cancelled due to inclement weather, then this section will be enforced
July 5; 9 p.m. to 11 p.m.
(18) Harbor Springs Fourth of July Celebration Fireworks; Harbor Springs, MI—

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§ 165.929

33 CFR Ch. I (7–1–09 Edition)

(i) Location. All waters of Lake Michigan and Harbor Springs Harbor within
the arc of a circle with a 1000-foot radius from the fireworks launch site located on a barge in position 45°25′30″ N,
084°59′06″ W (NAD 83).
(ii) Enforcement date and time. July 4;
9 p.m. to 11 p.m. If the July 4 fireworks
are cancelled due to inclement weather, then this section will be enforced
July 5; 9 p.m. to 11 p.m.
(19) Bay Harbor Yacht Club Fourth of
July Celebration Fireworks; Petoskey,
MI—(i) Location. All waters of Lake
Michigan and Bay Harbor Lake within
the arc of a circle with a 500-foot radius
from the fireworks launch site located
on a barge in position 45°21′50″ N,
085°01′37″ W (NAD 83).
(ii) Enforcement date and time. July 3;
9 p.m. to 11 p.m. If the July 3 fireworks
are cancelled due to inclement weather, then this section will be enforced
July 4; 9 p.m. to 11 p.m.
(20) Petoskey Fourth of July Celebration
Fireworks; Petoskey, MI—(i) Location.
All waters of Lake Michigan and
Petoskey Harbor, in the vicinity of Bay
Front Park, within the arc of a circle
with a 1000-foot radius from the fireworks launch site located in position
45°22′40″ N, 084°57′30″ W (NAD 83).
(ii) Enforcement date and time. July 4;
9 p.m. to 11 p.m. If the July 4 fire works
are cancelled due to inclement weather, then this section will be enforced
July 5; 9 p.m. to 11 p.m.
(21) Boyne City Fourth of July Celebration Fireworks; Boyne City, MI—(i) Location. All waters of Lake Charlevoix, in
the vicinity of Veterans Park, within
the arc of a circle with a 1400-foot radius from the fireworks launch site located in position 45°13′30″ N, 085°01′40″ W
(NAD 83).
(ii) Enforcement date and time. July 4;
9 p.m. to 11 p.m. If the July 4 fireworks
are cancelled due to inclement weather, then this section will be enforced
July 5; 9 p.m. to 11 p.m.
(22) Independence Day Fireworks;
Manistee, MI—(i) Location. All waters of
Lake Michigan, in the vicinity of the
First Street Beach, within the arc of a
circle with a 1000-foot radius from the
fireworks launch site located in position 44°14′51″ N, 086°20′46″ W (NAD 83)
(ii) Enforcement date and time. July 3;
9 p.m. to 11 p.m. If the July 3 fireworks

are cancelled due to inclement weather, then this section will be enforced
July 4; 9 p.m. to 11 p.m.
(23) Frankfort Independence Day Fireworks; Frankfort, MI. (i) Location. All
waters of Lake Michigan and Frankfort
Harbor, in the vicinity of the north
breakwater, within the arc of a circle
with a 1000-foot radius from the fireworks launch site located in position
44°38′00″ N, 086°14′50″ W (NAD 83).
(ii) Enforcement date and time. July 4;
9 p.m. to 11 p.m. If the July 4 fireworks
are cancelled due to inclement weather, then this section will be enforced
July 5; 9 p.m. to 11 p.m.
(24)
Freedom
Festival
Fireworks;
Ludington, MI. (i) Location. All waters
of Lake Michigan and Ludington Harbor, in the vicinity of the Loomis
Street Boat Ramp, within the arc of a
circle with a 1000-foot radius from the
fireworks launch site located in position 43°57′16″ N, 086°27′42″ W (NAD 83).
(ii) Enforcement date and time. July 4;
9 p.m. to 11 p.m. If the July 4 fireworks
are cancelled due to inclement weather, then this section will be enforced
July 5; 9 p.m. to 11 p.m.
(25) White Lake Independence Day
Fireworks; Montague, MI. (i) Location.
All waters of White Lake, in the vicinity of the Montague boat launch, within the arc of a circle with a 1000-foot
radius from the fireworks launch site
located in position 43°24′33″ N, 086°21′28″
W (NAD 83).
(ii) Enforcement date and time. July 4;
9 p.m. to 11 p.m. If the July 4 fireworks
are cancelled due to inclement weather, then this section will be enforced
July 5; 9 p.m. to 11 p.m.
(26) Muskegon Summer Celebration July
Fourth Fireworks; Muskegon, MI. (i) Location. All waters of Muskegon Lake, in
the vicinity of Heritage Landing, within the arc of a circle with a 1000-foot
radius from a fireworks launch site located on a barge in position 43°14′00″ N,
086°15′50″ W (NAD 83).
(ii) Enforcement date and time. July 4;
9 p.m. to 11 p.m. If the July 4 fireworks
are cancelled due to inclement weather, then this section will be enforced
July 5; 9 p.m. to 11 p.m.
(iii) Impact on Special Anchorage Area
regulations: Regulations for that portion of the Muskegon Lake East Special Anchorage Area, as described in 33

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CFR 110.81(b), which are overlapped by
this regulation, are suspended during
this event. The remaining area of the
Muskegon Lake East Special Anchorage Area not impacted by this regulation remains available for anchoring
during this event.
(27) Grand Haven Jaycees Annual
Fourth of July Fireworks; Grand Haven,
MI. (i) Location. All waters of The
Grand
River
between
longitude
087°14′00″ W, near The Sag, then west to
longitude 087°15′00″ W, near the west
end of the south pier (NAD 83).
(ii) Enforcement date and time. July 4;
9 p.m. to 11 p.m. If the July 4 fireworks
are cancelled due to inclement weather, then this section will be enforced
July 5; 9 p.m. to 11 p.m.
(28) Celebration Freedom Fireworks;
Holland, MI. (i) Location. All waters of
Lake Macatawa, in the vicinity of
Kollen Park, within the arc of a circle
with a 1000-foot radius from the fireworks launch site located in position
42°47′23″ N, 086°07′22″ W (NAD 83).
(ii) Enforcement date and time. July 4,
2007; 9 p.m. to 11 p.m. Thereafter this
section will be enforced the Saturday
prior to July 4; 9 p.m. to 11 p.m. If the
fireworks are cancelled due to inclement weather, then this section will be
enforced the Sunday prior to July 4; 9
p.m. to 11 p.m.
(29) Van Andel Fireworks Show, Holland, MI. (i) Location. All waters of
Lake Michigan and the Holland Channel within the arc of a circle with a
1000-foot radius from the fireworks
launch site located in position 42°46′21″
N, 086°12′48″ W (NAD 83).
(ii) Enforcement date and time. July 3;
9 p.m. to 11 p.m. If the July 3 fireworks
are cancelled due to inclement weather, then this section will be enforced
July 4; 9 p.m. to 11 p.m.
(30) Independence Day Fireworks;
Saugatuck, MI. (i) Location. All waters
of Kalamazoo Lake within the arc of a
circle with a 1000-foot radius from the
fireworks launch site in position
42°38′52″ N, 086°12′18″ W (NAD 83).
(ii) Enforcement date and time. July 4;
9 p.m. to 11 p.m. If the July 4 fireworks
are cancelled due to inclement weather, then this section will be enforced
July 5; 9 p.m. to 11 p.m.
(31) South Haven Fourth of July Fireworks; South Haven, MI. (i) Location. All

waters of Lake Michigan and the Black
River within the arc of a circle with a
1000-foot radius from the fireworks
launch site located in position 42°24′08″
N, 086°17′03″ W (NAD 83).
(ii) Enforcement date and time. July 4;
9 p.m. to 11 p.m. If the July 4 fireworks
are cancelled due to inclement weather, then this section will be enforced
July 5; 9 p.m. to 11 p.m.
(32) St. Joseph Fourth of July Fireworks; St. Joseph, MI. (i) Location. All
waters of Lake Michigan and the St.
Joseph River within the arc of a circle
with a 1000-foot radius from the fireworks launch site located in position
42°06′48″ N, 086°29′5″ W (NAD 83).
(ii) Enforcement date and time. July 4;
9 p.m. to 11 p.m. If the July 4 fireworks
are cancelled due to inclement weather, then this section will be enforced
July 5; 9 p.m. to 11 p.m.
(33) Town of Dune Acres Independence
Day Fireworks; Dune Acres, IN. (i) Location. All waters of Lake Michigan within the arc of a circle with a 1000-foot
radius from the fireworks launch site
located in position 41°39′23″ N, 087°04′59″
W (NAD 83).
(ii) Enforcement date and time. July 4;
9 p.m. to 11 p.m. If the July 4 fireworks
are cancelled due to inclement weather, then this section will be enforced
July 5; 9 p.m. to 11 p.m.
(34) Gary Fourth of July Fireworks;
Gary, IN. (i) Location. All waters of
Lake Michigan, approximately 2.5
miles east of Gary Harbor, within the
arc of a circle with a 500-foot radius
from the fireworks launch site located
in position 41°37′19″ N, 087°14′31″ W
(NAD 83).
(ii) Enforcement date and time. July 4;
9 p.m. to 11 p.m. If the July 4 fireworks
are cancelled due to inclement weather, then this section will be enforced
July 5; 9 p.m. to 11 p.m.
(35) Joliet Independence Day Celebration Fireworks; Joliet, IL. (i) Location.
All waters of the Des Plains River, at
mile 288, within the arc of a circle with
a 500-foot radius from the fireworks
launch site located in position 41°31′31″
N, 088°05′15″ W (NAD 83).
(ii) Enforcement date and time. July 3;
9 p.m. to 11 p.m. If the July 3 fireworks
are cancelled due to inclement weather, then this section will be enforced
July 4; 9 p.m. to 11 p.m.

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(36) Glencoe Fourth of July Celebration
Fireworks; Glencoe, IL. (i) Location. All
waters of Lake Michigan, in the vicinity of Lake Front Park, within the arc
of a circle with a 500-foot radius from
the fireworks launch site located in position 42°08′17″ N, 087°44′55″ W (NAD 83).
(ii) Enforcement date and time. July 4;
9 p.m. to 11 p.m. If the July 4 fireworks
are cancelled due to inclement weather, then this section will be enforced
July 5; 9 p.m. to 11 p.m.
(37) Lakeshore Country Club Independence Day Fireworks; Glencoe, IL. (i) Location. All waters of Lake Michigan
within the arc of a circle with a 1000foot radius from the fireworks launch
site located in position 42°08′27″ N,
087°44′57″ W (NAD 83).
(ii) Enforcement date and time. July 4;
9 p.m. to 11 p.m. If the July 4 fireworks
are cancelled due to inclement weather, then this section will be enforced
July 5; 9 p.m. to 11 p.m.
(38) Shore Acres Country Club Independence Day Fireworks; Lake Bluff, IL.
(i) Location. All waters of Lake Michigan, approximately one mile north of
Lake Bluff, IL, within the arc of a circle with a 1000-foot radius from the
fireworks launch site located in position 42°17′59″ N, 087°50′03″ W (NAD 83).
(ii) Enforcement date and time. July 4;
9 p.m. to 11 p.m. If the July 4 fireworks
are cancelled due to inclement weather, then this section will be enforced
July 5; 9 p.m. to 11 p.m.
(39) Kenosha Independence Day Fireworks; Kenosha, WI. (i) Location. All waters of Lake Michigan and Kenosha
Harbor within the arc of a circle with
a 1000-foot radius from the fireworks
launch site located in position 42°35′17″
N, 087°48′27″ W (NAD 83).
(ii) Enforcement date and time. July 4;
9 p.m. to 11 p.m. If the July 4 fireworks
are cancelled due to inclement weather, then this section will be enforced
July 5; 9 p.m. to 11 p.m.
(40) Fourthfest of Greater Racine Fireworks; Racine, WI. (i) Location. All waters of Lake Michigan and Racine Harbor, in the vicinity of North Beach,
within the arc of a circle with a 1000foot radius from the fireworks launch
site located in position 42°44′17″ N,
087°46′42″ W (NAD 83).
(ii) Enforcement date and time. July 4;
9 p.m. to 11 p.m. If the July 4 fireworks

are cancelled due to inclement weather, then this section will be enforced
July 5; 9 p.m. to 11 p.m.
(41) Sheboygan Fourth of July Celebration Fireworks; Sheboygan, WI. (i) Location. All waters of Lake Michigan and
Sheboygan Harbor, in the vicinity of
the south pier, within the arc of a circle with a 1000-foot radius from the
fireworks launch site located in position 43°44′55″ N, 087°41′51″ W (NAD 83).
(ii) Enforcement date and time. July 4;
9 p.m. to 11 p.m. If the July 4 fireworks
are cancelled due to inclement weather, then this section will be enforced
July 5; 9 p.m. to 11 p.m.
(42) Manitowoc Independence Day Fireworks; Manitowoc, WI. (i) Location. All
waters
of
Lake
Michigan
and
Manitowoc Harbor, in the vicinity of
south breakwater, within the arc of a
circle with a 1000-foot radius from the
fireworks launch site located in position 44°05′24″ N, 087°38′45″ W (NAD 83).
(ii) Enforcement date and time. July 4;
9 p.m. to 11 p.m. If the July 4 fireworks
are cancelled due to inclement weather, then this section will be enforced
July 5; 9 p.m. to 11 p.m.
(43) Sturgeon Bay Independence Day
Fireworks; Sturgeon Bay, WI. (i) Location. All waters of Sturgeon Bay, in the
vicinity of Sunset Park, within the arc
of a circle with a 1000-foot radius from
the fireworks launch site located on a
barge in position 44°50′37″ N, 087°23′18″
W (NAD 83).
(ii) Enforcement date and time. July 4;
9 p.m. to 11 p.m. If the July 4 fireworks
are cancelled due to inclement weather, then this section will be enforced
July 5; 9 p.m. to 11 p.m.
(44) Fish Creek Independence Day Fireworks; Fish Creek, WI. (i) Location. All
waters of Green Bay, in the vicinity of
Fish Creek Harbor, within the arc of a
circle with a 1000-foot radius from the
fireworks launch site located on a
barge in position 45°07′52″ N, 087°14′37″
W (NAD 83).
(ii) Enforcement date and time. The
first Saturday after July 4; 9 p.m. to 11
p.m.
(45) Celebrate Americafest Fireworks;
Green Bay, WI. (i) Location. All waters
of the Fox River between the railroad
bridge located 1.03 miles above the
mouth of the Fox River and the Main
Street Bridge located 1.58 miles above

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the mouth of the Fox River, including
all waters of the turning basin east to
the mouth of the East River.
(ii) Enforcement date and time. July 4;
9 p.m. to 11 p.m. If the July 4 fireworks
are cancelled due to inclement weather, then this section will be enforced
July 5; 9 p.m. to 11 p.m.
(46) Marinette Fourth of July Celebration Fireworks; Marinette, WI. (i) Location. All waters of the Menominee
River, in the vicinity of Stephenson Island, within the arc of a circle with a
1000-foot radius from the fireworks
launch site located in position 45°06′09″
N, 087°37′39″ W and all waters located
between the Highway U.S. 41 bridge
and the Hattie Street Dam (NAD 83).
(ii) Enforcement date and time. July 4;
9 p.m. to 11 p.m. If the July 4 fireworks
are cancelled due to inclement weather, then this section will be enforced
July 5; 9 p.m. to 11 p.m.
(47) Evanston Fourth of July Fireworks;
Evanston, IL. (i) Location. All waters of
Lake Michigan, in the vicinity of Centennial Park Beach, within the arc of a
circle with a 500-foot radius from the
fireworks launch site located in position 42°02′56″ N, 087°40′21″ W (NAD 83).
(ii) Enforcement date and time. July 4;
9 p.m. to 11 p.m. If the July 4 fireworks
are cancelled due to inclement weather, then this section will be enforced
July 5; 9 p.m. to 11 p.m.
(48) [Reserved]
(49) Muskegon Summer Celebration
Fireworks; Muskegon, MI. (i) Location.
All waters of Muskegon Lake, in the
vicinity of Heritage Landing, within
the arc of a circle with a 1000-foot radius from a fireworks barge located in
position 43°14′00″ N, 086°15′50″ W (NAD
83).
(ii) Enforcement date and time. The
Sunday following July 4; 9 p.m. to 11
p.m.
(iii) Impact on Special Anchorage Area
regulations: Regulations for that portion of the Muskegon Lake East Special Anchorage Area, as described in 33
CFR 110.81(b), which are overlapped by
this regulation, are suspended during
this event. The remaining area of the
Muskegon Lake East Special Anchorage Area is not impacted by this regulation and remains available for anchoring during this event.

(50) National Cherry Festival Air Show;
Traverse City, MI. (i) Location. All waters of the West Arm of Grand Traverse
Bay bounded by a line drawn from
44°46′48″ N, 085°38′18″ W, then southeast
to 44°46′30″ N, 085°35′30″ W, then southwest to 44°46′00″ N, 085°35′48″ W, then
northwest to 44°46′30″ N, 085°38′30″ W,
then back to the point of origin (NAD
83).
(ii) Enforcement date and time. Friday,
Saturday, and Sunday of the first complete weekend of July; 12 noon to 4
p.m. each day.
(51) National Cherry Festival Finale
Fireworks; Traverse City, MI. (i) Location. All waters and adjacent shoreline
of the West Arm of Grand Traverse Bay
within the arc of a circle with a 1000foot radius from the fireworks launch
site located on a barge in position
44°46′12″ N, 085°37′06″ W (NAD 83).
(ii) Enforcement date and time. The
second Saturday of July; 9 p.m. to 11
p.m.
(52) Gary Air and Water Show; Gary,
IN. (i) Location. All waters of Lake
Michigan within the arc of a circle
with a 5.75 statute mile radius with its
center point in position 41°37′25″ N,
087°15′42″ W (NAD 83).
(ii) Enforcement date and time. Friday,
Saturday, and Sunday of the second
weekend of July; from 8 a.m. to 6 p.m.
each day.
(53) Milwaukee Air Expo, Milwaukee,
WI. (i) Location. All waters Lake Michigan and Milwaukee Harbor located
within a 4000-yard by 1000-yard rectangle with its major axis bearing approximately 030°T located in the northern half of Milwaukee Harbor and
along the north shore of Milwaukee
bounded by the points beginning at
43°01′36″ N, 087°53′02″ W; then northeast
to 43°03′20″ N, 087°51′40″ W; then northwest to 43°03′35″ N, 087°52′16″ W; then
southwest to 43°01′51″ N, 087°53′38″ W;
the back to the point of origin (NAD
83).
(ii) Enforcement date and time. Friday,
Saturday, and Sunday of the second
weekend of July; from 1 p.m. to 5 p.m.
each day.
(54) Annual Trout Festival Fireworks;
Kewaunee, WI. (i) Location. All waters
of Kewaunee Harbor and Lake Michigan within the arc of a circle with a
1000-foot radius from the fireworks

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launch site located in position 44°27′29″
N, 087°29′45″ W (NAD 83).
(ii) Enforcement date and time. Friday
of the second complete weekend of
July; 9 p.m. to 11 p.m.
(55) Michigan City Summerfest Fireworks; Michigan City, IN. (i) Location.
All waters of Michigan City Harbor and
Lake Michigan within the arc of a circle with a 1000-foot radius from the
fireworks launch site located in position 41°43′42″ N, 086°54′37″ W (NAD 83).
(ii) Enforcement date and time. July 15,
2007, and thereafter the Sunday of the
first complete weekend of July; 9 p.m.
to 11 p.m.
(56) Port Washington Fish Day Fireworks; Port Washington, WI. (i) Location.
All waters of Port Washington Harbor
and Lake Michigan, in the vicinity of
the WE Energies coal dock, within the
arc of a circle with a 1000-foot radius
from the fireworks launch site located
in position 43°23′07″ N, 087°51′54″ W
(NAD 83).
(ii) Enforcement date and time. The
third Saturday of July; 9 p.m. to 11
p.m.
(57) Bay View Lions Club South Shore
Frolics Fireworks; Milwaukee, WI. (i) Location. All waters of Milwaukee Harbor
and Lake Michigan, in the vicinity of
South Shore Park, within the arc of a
circle with a 500-foot radius from the
fireworks launch site in position
42°59′42″ N, 087°52′52″ W (NAD 83).
(ii) Enforcement date and time. Friday,
Saturday, and Sunday of the second or
third weekend of July; 9 p.m. to 11 p.m.
each day.
(58) Venetian Festival Fireworks; St. Joseph, MI. (i) Location. All waters of
Lake Michigan and the St. Joseph
River, near the east end of the south
pier, within the arc of a circle with a
1000-foot radius from the fireworks
launch site located in position 42°06′48″
N, 086°29′15″ W (NAD 83).
(ii) Enforcement date and time. Saturday of the third complete weekend of
July; 9 p.m. to 11 p.m.
(59) Joliet Waterway Daze Fireworks;
Joliet, IL. (i) Location. All waters of the
Des Plaines River, at mile 287.5, within
the arc of a circle with a 300-foot radius
from the fireworks launch site located
in position 41°31′15″ N, 088°05′17″ W
(NAD 83).

(ii) Enforcement date and time. Friday
and Saturday of the third complete
weekend of July; 9 p.m. to 11 p.m. each
day.
(60) Charlevoix Venetian Festival Friday Night Fireworks; Charlevoix, MI. (i)
Location.
All
waters
of
Lake
Charlevoix, in the vicinity of Depot
Beach, within the arc of a circle with a
1000-foot radius from the fireworks
launch site located on a barge in position 45°19′08″ N, 085°14′18″ W (NAD 83).
(ii) Enforcement date and time. Friday
of the fourth weekend of July; 9 p.m. to
11 p.m.
(61) EAA Airventure; Oshkosh, WI. (i)
Location. All waters of Lake Winnebago
bounded by a line drawn from 43°57′30″
N, 088°30′00″ W; then south to 43°56′56″
N, 088°29′53″ W, then east to 43°56′40″ N,
088°28′40″ W; then north to 43°57′30″ N,
088°28′40″ W; then west returning to the
point of origin (NAD 83).
(ii) Enforcement date and time. The
last complete week of July, beginning
Monday and ending Sunday; from 8
a.m. to 8 p.m. each day.
(62) Charlevoix Venetian Festival Saturday Night Fireworks; Charlevoix, MI. (i)
Location. All waters of Round Lake
within the arc of a circle with a 300foot radius from the fireworks launch
site located on a barge in position
45°19′03″ N, 085°15′18″ W (NAD 83).
(ii) Enforcement date and time. Saturday of the fourth weekend of July; 9
p.m. to 11 p.m.
(63)
Venetian
Night
Fireworks;
Saugatuck, MI. (i) Location. All waters
of Kalamazoo Lake within the arc of a
circle with a 500-foot radius from the
fireworks launch site located on a
barge in position 42°38′52″ N, 086°12′18″
W (NAD 83)
(ii) Enforcement date and time. The
last Saturday of July; 9 p.m. to 11 p.m.
(64) Roma Lodge Italian Festival Fireworks; Racine, WI. (i) Location. All waters of Lake Michigan and Racine Harbor within the arc of a circle with a
1000-foot radius from the fireworks
launch site located in position 42°44′04″
N, 087°46′20″ W (NAD 83).
(ii) Enforcement date and time. Friday
and Saturday of the last complete
weekend of July; 9 p.m. to 11 p.m.
(65) Venetian Night Fireworks; Chicago,
IL. (i) Location. All waters of Monroe
Harbor and Lake Michigan within the

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arc of a circle with a 1000-foot radius
from the fireworks launch site located
on a barge in position 41°52′41″ N,
087°36′37″ W (NAD 83).
(ii) Enforcement date and time. Saturday of the last weekend of July; 9 p.m.
to 11 p.m.
(66) Port Washington Maritime Heritage
Festival Fireworks; Port Washington, WI.
(i) Location. All waters of Port Washington Harbor and Lake Michigan, in
the vicinity of the WE Energies coal
dock, within the arc of a circle with a
1000-foot radius from the fireworks
launch site located in position 43°23′07″
N, 087°51′54″ W (NAD 83).
(ii) Enforcement date and time. Saturday of the last complete weekend of
July or the second weekend of August;
9 p.m. to 11 p.m.
(67) [Reserved]
(68) Grand Haven Coast Guard Festival
Fireworks; Grand Haven, MI. (i) Location. All waters of the Grand River between longitude 087°14′00″ W, near The
Sag, then west to longitude 087°15′00″
W, near the west end of the south pier
(NAD 83).
(ii) Enforcement date and time. First
weekend of August; 9 p.m. to 11 p.m.
(69) Sturgeon Bay Yacht Club Evening
on the Bay Fireworks; Sturgeon Bay, WI.
(i) Location. All waters of Sturgeon
Bay, in the vicinity of the Sturgeon
Bay Yacht Club, within the arc of a circle with a 500-foot radius from the fireworks launch site located on a barge in
position 44°49′33″ N, 087°22′26″ W (NAD
83).
(ii) Enforcement date and time. The
first Saturday of August; 9 p.m. to 11
p.m.
(70) Elk Rapids Harbor Days Fireworks;
Elk Rapids, MI. (i) Location. All waters
of Grand Traverse Bay, in the vicinity
of Edward G. Grace Memorial Park,
within the arc of a circle with a 1000foot radius from the fireworks launch
site located in position 44°53′58″ N,
085°25′04″ W (NAD 83).
(ii) Enforcement date and time. The
first Saturday of August; 9 p.m. to 11
p.m.
(71) Hammond Marina Venetian Night
Fireworks; Hammond, IN. (i) Location.
All waters of Hammond Marina and
Lake Michigan within the arc of a circle with a 1000-foot radius from the

fireworks launch site located in position 41°41′53″ N, 087°30′43″ W (NAD 83).
(ii) Enforcement date and time. The
first Saturday of August; 9 p.m. to 11
p.m.
(72) North Point Marina Venetian Festival Fireworks; Winthrop Harbor, IL. (i)
Location. All waters of Lake Michigan
within the arc of a circle with a 1000foot radius from the fireworks launch
site located in position 42°28′55″ N,
087°47′56″ W (NAD 83).
(ii) Enforcement date and time. The
second Saturday of August; 9 p.m. to 11
p.m.
(73) Waterfront Festival Fireworks; Menominee MI. (i) Location. All waters of
Green Bay, in the vicinity of Menominee Marina, within the arc of a circle
with a 1000-foot radius from a fireworks
barge in position 45°06′17″ N, 087°35′48″
W (NAD 83).
(ii) Enforcement date and time. Saturday following first Thursday in August;
9 p.m. to 11 p.m.
(74) Ottawa Riverfest Fireworks; Ottawa, IL. (i) Location. All waters of the
Illinois River, at mile 239.7, within the
arc of a circle with a 300-foot radius
from the fireworks launch site located
in position 41°20′29″ N, 088°51′20″ W
(NAD 83).
(ii) Enforcement date and time. The
first Sunday of August; 9 p.m. to 11
p.m.
(75) Algoma Shanty Days Fireworks;
Algoma WI. (i) Location. All waters of
Lake Michigan and Algoma Harbor
within the arc of a circle with a 1000foot radius from the fireworks launch
site located in position 44°36′24″ N,
087°25′54″ W (NAD 83).
(ii) Enforcement date and time. Sunday
of the second complete weekend of August; 9 p.m. to 11 p.m.
(76) New Buffalo Ship and Shore Festival Fireworks; New Buffalo, MI. (i) Location. All waters of Lake Michigan
and New Buffalo Harbor within the arc
of a circle with a 1000-foot radius from
the fireworks launch site located in position 41°48′09″ N, 086°44′49″ W (NAD 83).
(ii) Enforcement date and time. The
second Sunday of August; 9 p.m. to 11
p.m.
(77) Pentwater Homecoming Fireworks;
Pentwater, MI. (i) Location. All waters
of Lake Michigan and the Pentwater
Channel within the arc of a circle with

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§ 165.931

33 CFR Ch. I (7–1–09 Edition)

a 1000-foot radius from the fireworks
launch
site
located
in
position
43°46′56.5″ N, 086°26′38″ W (NAD 83).
(ii) Enforcement date and time. Saturday following the second Thursday of
August; 9 p.m. to 11 p.m.
(78) Chicago Air and Water Show; Chicago, IL. (i) Location. All waters and adjacent shoreline of Lake Michigan and
Chicago Harbor bounded by a line
drawn from 41°55′54″ N at the shoreline,
then east to 41°55′54″ N, 087°37′12″ W,
then southeast to 41°54′00″ N, 087°36′00″
W (NAD 83), then southwestward to the
northeast corner of the Jardine Water
Filtration Plant, then due west to the
shore.
(ii) Enforcement date and time. The
third Thursday, Friday, Saturday, and
Sunday of August; from 9 a.m. to 6 p.m.
each day.
(79) [Reserved]
(80) Downtown Milwaukee BID 21 Fireworks; Milwaukee, WI. (i) Location. All
waters of the Milwaukee River between
the Kilbourn Avenue Bridge at 1.7
miles above the Milwaukee Pierhead
Light to the State Street Bridge at 1.79
miles above the Milwaukee Pierhead
Light.
(ii) Enforcement date and time. The
third Thursday of November; 6 p.m. to
8 p.m.
(81) New Years Eve Fireworks; Chicago,
IL. (i) Location. All waters of Monroe
Harbor and Lake Michigan within the
arc of a circle with a 1000-foot radius
from the fireworks launch site located
on a barge in position 41°52′41″ N,
087°36′37″ W (NAD 83).
(ii) Enforcement date and time. December 31; 11 p.m. to January 1; 1 a.m.
(b) Definitions. The following definitions apply to this section:
(1) Designated representative means
any Coast Guard commissioned, warrant, or petty officer designated by the
Captain of the Port Lake Michigan to
monitor this safety zone, permit entry
into this zone, give legally enforceable
orders to persons or vessels within this
zones and take other actions authorized by the Captain of the Port.
(2) Public vessel means vessels
owned, chartered, or operated by the
United States, or by a State or political subdivision thereof.
(c) Regulations. (1) The general regulations 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 a designated representative. Upon being
hailed by the U.S. Coast Guard by
siren, radio, flashing light or other
means, the operator of a vessel shall
proceed as directed.
(3) All vessels must obtain permission from the Captain of the Port or a
designated representative to enter,
move within or exit the safety zone established in this section when this
safety zone is enforced. Vessels and
persons granted permission to enter
the safety zone shall obey all lawful orders or directions of the Captain of the
Port or a designated representative.
While within a safety zone, all vessels
shall operate at the minimum speed
necessary to maintain a safe course.
(d) Suspension of Enforcement. If the
event concludes earlier than scheduled,
the Captain of the Port or a designated
representative will issue a Broadcast
Notice to Mariners notifying the public
when enforcement of the safety zone
established by this section is suspended.
(e) Exemption. Public vessels as defined in paragraph (b) of this section
are exempt from the requirements in
this section.
(f) Wavier. For any vessel, the Captain of the Port Lake Michigan or a
designated representative 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 purposes of safety or environmental safety.
[CGD09–07–005, 72 FR 32183, June 12, 2007]

§ 165.931 Safety Zone, Chicago Harbor,
Navy Pier Southeast, Chicago, IL.
(a) Location. The following area is a
safety zone: The waters of Lake Michigan within Chicago Harbor between the
east end of the Chicago Lock guide
wall and the Chicago Harbor breakwater beginning at 41°53′24″ N, 087°35′26″
W; then south to 41°53′09″ N, 087°35′26″
W; then east to 41°53′09″ N, 087°36′09″ W;
then north to 41°53′24″ N, 087°36′09″ W;
then back to the point of origin.
(b) Definitions. The following definitions apply to this section:

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§ 165.933

(1) Designated representative means
any Coast Guard commissioned, warrant, or petty officer designated by the
Captain of the Port Lake Michigan to
monitor this safety zone, permit entry
into this zone, give legally enforceable
orders to persons or vessels within this
zone and take other actions authorized
by the Captain of the Port.
(2) Public vessel means vessels owned,
chartered, or operated by the United
States, or by a State or political subdivision thereof.
(c) Regulations. (1) The general regulations 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 a designated representative. Upon being
hailed by the U.S. Coast Guard by
siren, radio, flashing light or other
means, the operator of a vessel shall
proceed as directed.
(3) All vessels must obtain permission from the Captain of the Port or a
designated representative to enter,
move within or exit the safety zone established in this section when this
safety zone is enforced. Vessels and
persons granted permission to enter
the safety zone shall obey all lawful orders or directions of the Captain of the
Port or a designated representative.
While within a safety zone, all vessels
shall operate at the minimum speed
necessary to maintain a safe course.
(d) Notice of Enforcement or Suspension
of Enforcement. The safety zone established by this section will be enforced
only upon notice of the Captain of the
Port. The Captain of the Port will
cause notice of enforcement of the
safety zone established by this section
to be made by all appropriate means to
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 will issue a Broadcast Notice to Mariners notifying the
public when enforcement of the safety
zone established by this section is suspended.
(e) Exemption. Public vessels as defined in paragraph (b) of this section

are exempt from the requirements in
this section.
(f) Waiver. For any vessel, the Captain of the Port Lake Michigan or a
designated representative 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 purposes of safety or environmental safety.
[CGD09–07–006, 72 FR 32521, June 13, 2007]

§ 165.933 Safety Zone, Chicago Harbor,
Navy Pier East, Chicago, IL.
(a) Location. The following area is a
safety zone: The waters of Lake Michigan within Chicago Harbor between the
east end of Navy Pier and the Chicago
Harbor
breakwater
beginning
at
41°53′37″ N, 087°35′26″ W; then south to
41°53′24″ N, 087°35′26″ W; then east to
41°53′24″ N, 087°35′55″ W; then north to
41°53′37″ N, 087°35′55″ W; then back to
the point of origin.
(b) Definitions. The following definitions apply to this section:
(1) Designated representative means
any Coast Guard commissioned, warrant, or petty officer designated by the
Captain of the Port Lake Michigan to
monitor this safety zone, permit entry
into this zone, give legally enforceable
orders to persons or vessels within this
zones and take other actions authorized by the Captain of the Port.
(2) Public vessel means vessels owned,
chartered, or operated by the United
States, or by a State or political subdivision thereof.
(c) Regulations. (1) The general regulations in 33 CFR 165.23 apply.
(2) All persons and vessels must comply with the instructions of the Coast
Guard Captain of the Port Lake Michigan or a designated representative.
Upon being hailed by the U.S. Coast
Guard by siren, radio, flashing light or
other means, the operator of a vessel
shall proceed as directed.
(3) All vessels must obtain permission from the Captain of the Port Lake
Michigan or a designated representative to enter, move within or exit the
safety zone established in this section
when this safety zone is enforced. Vessels and persons granted permission to
enter the safety zone shall obey all

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33 CFR Ch. I (7–1–09 Edition)

lawful orders or directions of the Captain of the Port Lake Michigan or a
designated representative. While within a safety zone, all vessels shall operate at the minimum speed necessary to
maintain a safe course.
(d) Notice of Enforcement or Suspension
of Enforcement. The safety zone established by this section will be enforced
only upon notice of the Captain of the
Port. The Captain of the Port Lake
Michigan will cause notice of enforcement of the safety zone established by
this section to be made by all appropriate means to 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 Lake Michigan will issue a Broadcast Notice to Mariners notifying the
public when enforcement of the safety
zone established by this section is suspended.
(e) Exemption. Public vessels as defined in paragraph (b) of this section
are exempt from the requirements in
this section.
(f) Wavier. For any vessel, the Captain of the Port Lake Michigan or a
designated representative 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 purposes of safety or environmental safety.
[CGD09–07–007, 72 FR 32525, June 13, 2007]

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§ 165.935 Safety Zone, Milwaukee Harbor, Milwaukee, WI.
(a) Location. The following area is a
safety zone: the waters of Lake Michigan within Milwaukee Harbor including the Harbor Island Lagoon enclosed
by a line connecting the following
points: beginning at 43°02′00″ N,
087°53′53″ W; then south to 43°01′44″ N,
087°53′53″ W; then east to 43°01′44″ N,
087°53′25″ W; then north to 43°02′00″ N,
087°53′25″ W; then west to the point of
origin.
(b) Definitions. The following definitions apply to this section:

(1) Designated representative means
any Coast Guard commissioned, warrant, or petty officer designated by the
Captain of the Port Lake Michigan to
monitor this safety zone, permit entry
into this zone, give legally enforceable
orders to persons or vessels within this
zone and take other actions authorized
by the Captain of the Port.
(2) Public vessel means vessels owned,
chartered, or operated by the United
States, or by a State or political subdivision thereof.
(c) Regulations. (1) The general regulations 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 a designated representative. Upon being
hailed by the U.S. Coast Guard by
siren, radio, flashing light or other
means, the operator of a vessel shall
proceed as directed.
(3) All vessels must obtain permission from the Captain of the Port or a
designated representative to enter,
move within or exit the safety zone established in this section when this
safety zone is enforced. Vessels and
persons granted permission to enter
the safety zone shall obey all lawful orders or directions of the Captain of the
Port or a designated representative.
While within a safety zone, all vessels
shall operate at the minimum speed
necessary to maintain a safe course.
(d) Notice of Enforcement or Suspension
of Enforcement. The safety zone established by this section will be enforced
only upon notice of the Captain of the
Port. The Captain of the Port will
cause notice of enforcement of the
safety zone established by this section
to be made by all appropriate means to
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 will issue a Broadcast Notice to Mariners notifying the
public when enforcement of the safety
zone established by this section is suspended.
(e) Exemption. Public vessels as defined in paragraph (b) of this section

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§ 165.939

are exempt from the requirements in
this section.
(f) Waiver. For any vessel, the Captain of the Port Lake Michigan or a
designated representative 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 purposes of safety or environmental safety.
[CGD09–07–008, 72 FR 32523, June 13, 2007]

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§ 165.939 Safety Zones; Annual Fireworks Events in the Captain of the
Port Buffalo Zone.
(a) Safety zones. The following areas
are designated Safety zones and are
listed geographically from New York to
Ohio.
(1) Boldt Castle 4th of July Fireworks,
Heart Island, NY.
(i) Location. All waters of the St.
Lawrence River within a 500-foot radius of the land position: 44°20′39″ N,
075°55′16″ W; at Heart Island, NY.
(DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 9 p.m. to 10 p.m. on July
4 of each year.
(2) Clayton Chamber of Commerce Fireworks, Calumet Island, NY.
(i) Location. All waters of the St.
Lawrence River within a 500-foot radius of land position: 44°15′05″ N,
076°05′35″ W; in Calumet Island Harbor,
NY. (DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 9 p.m. to 10 p.m. on July
1 of each year.
(3) French Festival Fireworks, Cape
Vincent, NY.
(i) Location. All waters of the St.
Lawrence River within a 500-foot radius of land position: 44°07′53″ N,
076°20′02″ W. (DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 9:30 p.m. to 10:30 p.m. on
the first or second weekend of July
each year.
(4) Brewerton Fireworks, Brewerton,
NY.
(i) Location. All waters of Lake Oneida within a 500-foot radius of barge position: 43°14′15″ N, 076°08′03″ W; in
Brewerton, NY. (DATUM: NAD 83).

(ii) Enforcement date. This section is
effective from 9:30 p.m. to 10:30 p.m. on
the first weekend of July each year.
(5) Celebrate Baldwinsville Fireworks,
Baldwinsville, NY.
(i) Location. All waters of the Seneca
River within a 500-foot radius of land
position: 43°09′21″ N, 076°20′01″ W.
(DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 9:30 p.m. to 10 p.m. on
the third weekend of September each
year.
(6) Island Festival Fireworks Display,
Baldwinsville, NY.
(i) Location. All waters of the Seneca
River within a 500-foot radius of land
position: 43°09′25″ N, 076°20′21″ W; in
Baldwinsville, NY. (DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 10 p.m. to 10:30 p.m. on
the first weekend of July each year.
(7) Seneca River Days, Baldwinsville,
NY.
(i) Location. All waters of the Seneca
River within a 500-foot radius of land
position: 43°09′25″ N, 076°20′21″ W; in
Baldwinsville, NY. (DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 9:30 p.m. to 10:30 p.m. on
the first weekend of July each year.
(8) Oswego Harborfest, Oswego, NY.
(i) Location. All waters of Lake Ontario within a 1,000-foot radius of barge
position 43°28′10″ N, 076°31′04″ W; in
Oswego, NY. (DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 9 p.m.to 10 p.m. on the
last Saturday in July each year.
(9) Village Fireworks, Sodus Point, NY.
(i) Location. All waters of Sodus Bay
within a 500-foot radius of land position: 43°16′27″ N, 076°58′27″ W; in Sodus
Point, NY. (DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 10 p.m. to 10:30 p.m. on
the first Saturday in July each year.
(10) City of Syracuse Fireworks Celebration, Syracuse, NY.
(i) Location. All waters of Onondaga
Lake within a 350-foot radius of land
position 43°03′37″ N, 076°09′59″ W; in Syracuse, NY. (DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 9:30 p.m. to 10:30 p.m. on
the last weekend in June each year.
(11) Tom Graves Memorial Fireworks,
Port Bay, NY.

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(i) Location. All waters of Port Bay
within a 500-foot radius of barge position: 43°17′46″ N, 076°50′02″ W; in Port
Bay, NY. (DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 10 p.m. to 10:30 p.m. on
the first weekend in July each year.
(12) Rochester Harbor and Carousel Festival, Rochester, NY.
(i) Location. All waters of Lake Ontario within a 500-foot radius of land
position: 43°15′21″ N, 077°36′19″ W in
Rochester, NY. (DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 8 p.m. to 10 p.m. on June
24th of each year.
(13) North Tonawanda Fireworks Display, Tonawanda, NY.
(i) Location. All waters of the East
Niagara River within a 500-foot radius
of a barge located at position: 43°01′12″
N, 078°53′36″ W; in North Tonawanda,
NY. (DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 9:45 p.m. to 10:15 p.m. on
July 4th of each year.
(14) Tonawanda’s Canal Fest Fireworks, Tonawanda, NY.
(i) Location. All waters of the East
Niagara River within a 500-foot radius
of barge position: 43°01′12″ N, 078°53′36″
W; in Tonawanda, NY. (DATUM: NAD
83).
(ii) Enforcement date. This section is
effective from 9:30 p.m. to 10:30 p.m. on
the fourth Sunday in July each year.
(15) Celebrate Erie Fireworks, Erie, PA.
(i) Location. All waters of Presque
Isle Bay within an 800-foot radius of
land position: 42°08′19″ N, 080°05′29″ W;
at the end of Dobbins Landing Pier,
Erie, PA. (DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 9:45 p.m. to 10:30 p.m. on
the third weekend in August each year.
(16) Ashtabula Area Fireworks, Walnut
Beach, Ashtabula, OH.
(i) Location. All waters of Lake Erie
and Ashtabula Harbor within a 300-yard
radius of land position: 41°54.167′ N,
080°48.416′ W; in Ashtabula, OH.
(DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 9:45 p.m. to 11 p.m. on
the second weekend in July each year.
(17) Fairport Harbor Mardi Gras,
Fairport Harbor, OH.
(i) Location. All waters of Fairport
Harbor and Lake Erie within a 300-yard

radius of land position: 41°45.500′ N,
081°16.300′ W; east of the harbor entrance at Fairport Harbor Beach, OH.
(DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 9:45 p.m. to 11 p.m. on
the first Saturday of July each year.
(18) Lake County Perchfest Fireworks,
Fairport, OH.
(i) Location. All waters of Fairport
Harbor and Lake Erie within a 300-yard
radius of land position: 41°45.500′ N,
081°16.300′ W; in Fairport, OH. (DATUM:
NAD 83).
(ii) Enforcement date. This section is
effective from 9:45 p.m. to 11 p.m. on
the second weekend in September each
year.
(19) Mentor Harbor Yacht Club Fireworks, Mentor Harbor, OH.
(i) Location. All waters of Lake Erie
and Mentor Harbor within a 200-yard
radius of 41°43.200′ N, 081°21.400′ W (west
of the harbor entrance); in Mentor Harbor, OH. (DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 9:45 p.m. to 11 p.m. on
the first weekend in July each year.
(20) Browns Football Halftime Fireworks, Cleveland, OH.
(i) Location. All navigable waters of
Cleveland Harbor and Lake Erie beginning in approximate land position:
41°30.823′ N, 081°41.620′ W (the northwest
corner of Burke Lakefront Airport);
continuing northwest to 41°31.176′ N,
081°41.884′ W; then southwest to
41°30.810′ N, 081°42.515′ W; then southeast to 41°30.450′ N, 081°42.222′ W (the
northwest corner of dock 28 at the
Cleveland Port Authority) then northeast back to the starting point at
41°30.823′ N, 081°41.620′ W. (DATUM:
NAD 83).
(ii) Enforcement date. This section is
effective on a Sunday during the second or third Cleveland Brown’s home
game each year.
(21) City of Cleveland 4th of July Fireworks, Cleveland, OH.
(i) Location. All navigable waters of
Cleveland Harbor and Lake Erie within
a 400-yard radius of Main Entrance
Light 5 (LLNR 4180) at position:
41°30.23′ N, 081°42.7′ W; in Cleveland, OH
(DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 9:45 p.m. to 11 p.m. on
the first weekend in July each year.

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(22) Dollar Bank Jamboree Fireworks
Display, Cleveland, OH.
(i) Location. All navigable waters of
Cleveland Harbor and Lake Erie beginning at land position: 41°30.823′ N,
081°41.620′ W (the northwest corner of
Burke Lakefront Airport); continuing
northwest to 41°31.176′ N, 081°41.884′ W;
then
southwest
to
41°30.810′
N,
081°42.515′ W;
then
southeast
to
41°30.450′ N, 081°42.222′ W (the northwest
corner of dock 28 at the Cleveland Port
Authority) then northeast back to the
starting point at 41°30.823′ N, 081°41.620′
W. (DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 9:45 p.m. to 11 p.m. on
the first weekend in July each year.
(23) Lakewood City Fireworks Display,
Lakewood, OH.
(i) Location. All waters of Lake Erie
within a 200-yard radius of land position: 41°29.755′ N, 081°47.780′ W (off of
Lakewood Park); in Lakewood, OH.
(DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 9:45 p.m. to 11 p.m. on
the first weekend in July each year.
(24) Cleveland Yachting Club Fireworks
Display, Rocky River, OH.
(i) Location. All waters of the Rocky
River and Lake Erie within a 200-yard
radius of land position 41°29.428′ N,
081°50.309′ W (DATUM: NAD 83) at Sunset Point on the western side of the
mouth of the Rocky River in Cleveland, OH.
(ii) Enforcement date. This section is
effective from 9:45 p.m. to 11 p.m. on
the third weekend in July each year.
(25) Lorain 4th of July Celebration Fireworks Display, Lorain, OH.
(i) Location. All waters of Lorain Harbor within a 300-yard radius of land position
41°28.591′ N,
082°10.855′ W
(DATUM: NAD 83), east of the harbor
entrance on the end of the break wall
near Spitzer’s Marina.
(ii) Enforcement date. This section is
effective from 9:45 p.m. to 11 p.m. on
the first weekend in July each year.
(26) Lorain Port Fest Fireworks Display, Lorain, OH.
(i) Location. All waters of Lorain Harbor within a 250-yard radius of land position: 41°28.040′ N, 082°10.365′ W; in Lorain, OH (DATUM: NAD 83).

(ii) Enforcement date. This section is
effective from 9:45 p.m. to 11 p.m. on
the third weekend in July each year.
(b) Definitions. The following definitions apply to this section:
(1) Designated Representative means
any Coast Guard commissioned, warrant, or petty officer designated by the
Captain of the Port Buffalo to monitor
a safety zone, permit entry into the
zone, give legally enforceable orders to
persons or vessels within the zones, and
take other actions authorized by the
Captain of the Port.
(2) Public vessel means vessels owned,
chartered, or operated by the United
States, or by a State or political subdivision thereof.
(c) Regulations. (1) In accordance with
the general regulations in section
165.23 of this part, entry into,
transiting, or anchoring within this
safety zone is prohibited unless authorized by the Captain of the Port Buffalo,
or his designated representative.
(2)(i) These safety zones are closed to
all vessel traffic, except as may be permitted by the Captain of the Port Buffalo or his designated representative.
(ii) All persons and vessels must comply with the instructions of the Coast
Guard Captain of the Port or his designated representative.
(iii) Upon being hailed by the U.S.
Coast Guard by siren, radio, flashing
light or other means, the operator of a
vessel shall proceed as directed.
(3)(i)All vessels must obtain permission from the Captain of the Port or
his designated representative to enter,
move within, or exit the safety zone established in this section when this
safety zone is enforced.
(ii) Vessels and persons granted permission to enter the safety zone must
obey all lawful orders or directions of
the Captain of the Port or a designated
representative.
(iii) While within a safety zone, all
vessels must operate at the minimum
speed necessary to maintain a safe
course.
(d) Exemption. Public vessels, as defined in paragraph (b) of this section,
are exempt from the requirements in
this section.
(e) Waiver. For any vessel, the Captain of the Port Buffalo or his designated representative may waive any

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33 CFR Ch. I (7–1–09 Edition)

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 purposes of public or environmental safety.
(f) Notification. The Captain of the
Port Buffalo will notify the public that
that the zones in this proposal are or
will be enforced by all appropriate
means to 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 will issue
a Broadcast Notice to Mariners notifying the public when enforcement of
the safety zone established by this section is cancelled.

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[USCG–2008–0219, 73 FR 28705, May 19, 2008]

§ 165.941 Safety Zones; Annual Fireworks Events in the Captain of the
Port Detroit Zone.
(a) Safety Zones. The following areas
are designated Safety zones: (1)
Roostertail Fireworks (barge), Detroit,
MI:
(i) Location: All waters of the Detroit
River within a 300-foot radius of the
fireworks launch site located at position 42°21′16.67″ N, 082°58′20.41″ W. (NAD
83). This area is located between Detroit
and
Belle
Isle
near
the
Roostertail restaurant.
(ii) Expected date: One evening during
the third week in July. The exact dates
and times for this event will be determined annually.
(2)
Washington
Township
Summerfest Fireworks, Toledo, OH:
(i) Location: All waters of the Ottawa
River within a 600-foot radius of the
fireworks launch site located at position 41°43′29″ N, 083°28′47″ W (NAD 83).
This area is located at the Fred C.
Young Bridge, Toledo, OH.
(ii) Expected date: One evening during
the last week in June or the first week
in July. The exact dates and times for
this event will be determined annually.
(3) Au Gres City Fireworks, Au Gres,
MI:
(i) Location: All waters of Saginaw
Bay within a 700-foot radius of the fire-

works launch site located at position
44°1.4′ N, 083°40.4′ W (NAD 83). This area
is located at the end of the pier near
the end of Riverside Drive in Au Gres,
MI.
(ii) Expected date: One evening during
the last week in June or the first week
in July. The exact dates and times for
this event will be determined annually.
(4) The Old Club Fireworks, Harsens
Island, MI:
(i) Location: All waters of Lake St.
Clair within an 850-foot radius of the
fireworks launch site located at position 42°32.4′ N, 082°40.1′ W (NAD 83).
This area is located near the southern
end of Harsen’s Island, MI.
(ii) Expected date: One evening during
the last week of June or the first week
of July. The exact dates and times for
this event will be determined annually.
(5) Alpena Fireworks, Alpena, MI:
(i) Location: All waters of Lake Huron
within an 800-foot radius of the fireworks launch site located at position
45°2.7′ N, 083°26.8′ W (NAD 83). This area
is located near the end of Mason
Street, South of State Avenue, in
Alpena, MI.
(ii) Expected date: One evening during
the last week in of June or the first
week of July. The exact dates and
times for this event will be determined
annually.
(6) Put-In-Bay Fourth of July Fireworks, Put-In-Bay, OH:
(i) Location: All waters of Lake Erie
within a 1000-foot radius of the fireworks launch site located at position
41°39.7′ N, 082°48.0′ W (NAD 83). This
area is located in Put-In-Bay Harbor.
(ii) Expected date: One evening during
the first week of July. The exact dates
and times for this event will be determined annually.
(7) Gatzeros Fireworks, Grosse Point
Park, MI:
(i) Location: All waters of Lake St.
Clair within a 300-foot radius of the
fireworks launch site located at position 42° 22.6′ N, 082°54.8′ W (NAD 83).
This area is located near Grosse Point
Park, MI.
(ii) Expected date: One evening during
the first week in July. The exact dates
and times for this event will be determined annually.
(8) Harrisville Fireworks, Harrisville,
MI:

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(i) Location: All waters of Lake Huron
within a 450-foot radius of the fireworks launch site located at position
44°39.7′ N, 083°17.0′ W (NAD 83). This
area is located at the end of the break
wall at the Harrisville harbor in Harrisville, MI.
(ii) Expected date: One evening during
the first week in July. The exact dates
and times for this event will be determined annually.
(9) Harbor Beach Fireworks, Harbor
Beach, MI:
(i) Location: All waters of Lake Huron
within a 700-foot radius of the fireworks launch site located at position
43°50.8′ N, 082° 38.6′ W (NAD 83). This
area is located at the end of the railroad pier east of the end of State
Street in Harbor Beach, MI.
(ii) Expected date: One evening during
the second week in July. The exact
dates and times for this event will be
determined annually.
(10) Trenton Rotary Roar on the
River Fireworks, Trenton, MI:
(i) Location: All waters of the Detroit
River within a 420-foot radius of the
fireworks launch site located at position 42°7.8′ N, 083°10.4 ′ W (NAD 83). This
area is located between Grosse Ile and
Elizabeth Park in Trenton, MI.
(ii) Expected date: One evening during
the third week in July. The exact dates
and times for this event will be determined annually.
(11) Nautical Mile Venetian Festival
Fireworks, St. Clair Shores, MI:
(i) Location: All waters of Lake St.
Clair within a 210-foot radius of the
fireworks launch site located at position 42°28.2′ N, 082°52.5′ W (NAD 83).
This area is located near Jefferson
Beach Marina in St. Clair Shores, MI.
(ii) Expected date: One evening during
the second week in August. The exact
dates and times for this event will be
determined annually.
(12) Cheeseburger Festival Fireworks,
Caseville, MI:
(i) Location: All waters of Lake Huron
within a 300-foot radius of the fireworks launch site located at position
43°56.9′ N, 083°17.2′ W (NAD 83). This
area is located near the break wall located at Caseville County Park,
Caseville, MI.
(ii) Expected date: One evening during
the second week in August. The exact

dates and times for this event will be
determined annually.
(13) Detroit International Jazz Festival Fireworks, Detroit, MI:
(i) Location: All waters of the Detroit
River within a 560-foot radius of the
fireworks launch site located at position 42°19.6′ N, 83°2.6′ W (NAD 83). This
area is located in the Detroit River between Cobo Hall and the GM Headquarters in Detroit, MI.
(ii) Expected date: One evening during
the last week in August or the first
week in September. The exact dates
and times for this event will be determined annually.
(14) Marine City Maritime Festival
Fireworks, Marine City, MI:
(i) Location: All waters of the St.
Clair River within an 840-foot radius of
the fireworks launch site located at position 42°42.9′ N, 082°29.1′ W (NAD 83).
This area is located east of Marine
City.
(ii) Expected date: One evening during
the third week in September. The exact
dates and times for this event will be
determined annually.
(15) Schoenith Family Foundation
Fireworks, Detroit, MI:
(i) Location: All waters of the Detroit
River, within a 210-foot radius of the
fireworks launch site located at position 42°21.2′ N, 82°58.4′ W. (NAD 83). This
area is located between Detroit and
Belle Isle.
(ii) Expected date: One evening during
the third week in September. The exact
dates and times for this event will be
determined annually.
(16) Toledo Country Club Memorial
Celebration and Fireworks, Toledo, OH:
(i) Location: All waters of the
Maumee River, within a 250-yard radius
of the fireworks launch site located on
shore
at
position
41°35′12.58″
N,
83°36′16.58″ W. (NAD 83). This area is located at the Toledo Country Club’s
18th Green and encompasses the fireworks launch site.
(ii) Expected date: One evening during
the last week in May. The exact dates
and times for this event will be determined annually.
(17) Luna Pier Fireworks Show, Luna
Pier, MI:
(i) Location: All waters of Lake Erie,
within a 300-yard radius of the fireworks launch site located at position

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41°48′32″ N, 83°26′23″ W. (NAD 83). This
area is located at the Clyde E. Evens
Municipal Pier.
(ii) Expected date: One evening during
the first week in July. The exact dates
and times for this event will be determined annually.
(18) Toledo Country Club 4th of July
Fireworks, Toledo, OH:
(i) Location: All waters of the
Maumee River, within a 250-yard radius
of the fireworks launch site located on
shore
at
position
41°35′12.58″
N,
83°36′16.58″ W. (NAD 83). This area is located at the Toledo Country Club’s
18th Green and encompasses the fireworks launch site.
(ii) Expected date: One evening during
the first week in July. The exact dates
and times for this event will be determined annually.
(19) Pharm Lights Up The Night Fireworks, Toledo, OH:
(i) Location: All waters of the
Maumee River, within a 300-yard radius
of the fireworks launch site located at
position 41°38′35″ N, 83°31′54″ W. (NAD
83). This position is located at the bow
of the museum ship SS WILLIS B.
BOYER.
(ii) Expected date: One day evening
during the first or second weeks in
July. The exact dates and times for
this event will be determined annually.
(20) Perrysburg/Maumee 4th of July
Fireworks, Perrysburg, OH:
(i) Location: All waters of the
Maumee River, within an 850-foot radius of the fireworks launch site located at position 41°33′27″ N, 83°38′59″ W.
(NAD 83). This position is located at
the Perrysburg/Maumee Hwy 20 Bridge.
(ii) Expected date: One evening during
the first week in July. The exact dates
and times for this event will be determined annually.
(21) Lakeside July 4th Fireworks,
Lakeside, OH:
(i) Location: All waters of Lake Erie,
within a 560-foot radius of the fireworks launch site located at position
41°32′52″ N, 82°45′03″ W. (NAD 83). This
position is located at the Lakeside Association Dock.
(ii) Expected date: One evening during
the first week in July. The exact dates
and times for this event will be determined annually.

(22) Catawba Island Club Fireworks,
Catawba Island, OH:
(i) Location: All waters of Lake Erie,
within a 300-yard radius of the fireworks launch site located at position
41°34′20″ N, 82°51′18″ W. (NAD 83). This
position is located at the northwest
end of the Catawba Cliffs Harbor Light
Pier.
(ii) Expected date: One evening during
the first week in July. The exact dates
and times for this event will be determined annually.
(23) Red, White and Blues Bang Fireworks, Huron, OH:
(i) Location: All waters of the Huron
River, within a 300-yard radius of the
fireworks launch site located at position 41°23′29″ N, 82°32′55″ W. (NAD 83).
This position is located at the Huron
Ore Docks in Huron, OH.
(ii) Expected date: One evening during
the first week in July. The exact dates
and times for this event will be determined annually.
(24) Huron Riverfest Fireworks,
Huron, OH:
(i) Location: All waters of Huron Harbor, within a 350-foot radius of the fireworks launch site located at the Huron
Ore Docks at position 41°23′38″ N,
82°32′59″ W. (NAD 83).
(ii) Expected date: One evening during
the second week in July. The exact
dates and times for this event will be
determined annually.
(25) Kellys Island, Island Fest Fireworks, Kellys Island, OH:
(i) Location: All waters of Lake Erie,
within a 300-yard radius of the fireworks launch site located at position
41°35′43″ N, 82°43′30″ W. (NAD 83). This
position is located at the old Neuman
Boat Line Dock.
(ii) Expected date: One evening during
the third or fourth weeks in July. The
exact dates and times for this event
will be determined annually.
(26) Riverfest at the International
Docks, Toledo, OH:
(i) Location: All waters of the
Maumee River, extending from the bow
of the museum ship SS WILLIS B.
BOYER (41°38′35″ N, 83°31′54″ W), then
north/north-east to the south end of
the City of Toledo Street (41°38′51″ N,
83°31′50″ W), then south-west to the red
nun buoy #64 (41°38′48″ N, 83°31′58″),
then south/south-east back to the point

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of origin at the bow of the museum
ship SS WILLIS B. BOYER. (NAD 83).
(ii) Expected date: One evening during
the first week in September. The exact
dates and times for this event will be
determined annually.
(27) Rossford Labor Day Fireworks,
Rossford, OH:
(i) Location: All waters of the
Maumee River, within a 350-yard radius
of the fireworks launch site located at
position 41°36′58″ N, 83°33′56″ W. (NAD
83). This position is located at Veterans
Memorial Park.
(ii) Expected date: One evening during
the first week in September. The exact
dates and times for this event will be
determined annually.
(28) Lakeside Labor Day Fireworks,
Lakeside, OH:
(i) Location: All waters of Lake Erie,
within a 560-foot radius of the fireworks launch site located at position
41°32′52″ N, 82°45′03″ W. (NAD 83). This
position is located at the Lakeside Association Dock.
(ii) Expected date: One evening during
the first week in September. The exact
dates and times for this event will be
determined annually.
(29) Catawba Island Club Fireworks,
Catawba Island, OH:
(i) Location: All waters of Lake Erie,
within a 300-yard radius of the fireworks launch site located at position
41°34′20″ N, 82°51′18″ W. (NAD 83). This
position is located at the northwest
end of the Catawba Cliffs Harbor Light
Pier.
(ii) Expected date: One evening during
the first week in September. The exact
dates and times for this event will be
determined annually.
(30) Bay-Rama Fishfly Festival Fireworks, New Baltimore, MI:
(i) Location: All waters of Lake St.
Clair-Anchor Bay, off New Baltimore
City Park, within a 300-yard radius of
the fireworks launch site located at position 42°41′ N, 082°44′ W (NAD 83).
(ii) Expected date: One evening during
the first week in June. The exact dates
and times for this event will be determined annually.
(31) Lake Erie Metropark Fireworks,
Gibraltar, MI:
(i) Location: All waters of Lake Erie,
off Lake Erie Metro Park, within a 300yard radius of the fireworks launch site

located at position 42°03′N, 083°11′W
(NAD 83). This position is located off
the Brownstown Wave pool area.
(ii) Expected date: One evening during
the first week in July. The exact dates
and times for this event will be determined annually.
(32) City of St. Clair Fireworks, St.
Clair, MI:
(i) Location: All waters off the St.
Clair River near St. Clair City Park,
within a 300-yard radius of the fireworks launch site located at position
42°49′ N, 082°29′ W (NAD 83).
(ii) Expected date: One evening during
the first week in July. The exact dates
and times for this event will be determined annually.
(33) Oscoda Township Fireworks,
Oscoda, MI:
(i) Location: All waters of Lake
Huron, off the DNR Boat Launch near
the mouth of the Au Sable River within a 300-yard radius of the fireworks
launch site located at position 44°19′ N,
083°25′ W (NAD 83).
(ii) Expected date: One evening during
the first week in July. The exact dates
and times for this event will be determined annually.
(34) Port Austin Fireworks, Port Austin, MI:
(i) Location: All waters of Lake
Huron, off the Port Austin break wall
within a 300-yard radius of the fireworks launch site located at position
42°03′ N, 082°40′ W. (NAD 83).
(ii) Expected date: One evening during
the first week in July. The exact dates
and times for this event will be determined annually.
(35) City of Wyandotte Fireworks,
Wyandotte, MI:
(i) Location: All waters of the Detroit
River, off the break wall between Oak
and Van Alstyne St., within a 300-yard
radius of the fireworks launch site located at position 42°12′ N, 083°09′ W.
(NAD 83).
(ii) Expected date: One evening during
the first week in July. The exact dates
and times for this event will be determined annually.
(36) Grosse Pointe Farms Fireworks,
Grosse Point Farms, MI:
(i) Location: All waters of Lake St.
Clair, within a 300-yard radius of the
fireworks barge located at position

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42°23′ N, 082°52′ W. (NAD 83). This position is located 300 yards east of Grosse
Pointe Farms, MI.
(ii) Expected date: One evening during
the first week in July. The exact dates
and times for this event will be determined annually.
(37) Caseville Fireworks, Caseville,
MI:
(i) Location: All waters of Saginaw
Bay, within a 300-yard radius of the
fireworks launch site located at position 43°56.9′ N, 083°17.2′ W. (NAD 83).
This position is located off the
Caseville break wall.
(ii) Expected date: One evening during
the first week in July. The exact dates
and times for this event will be determined annually.
(38) Algonac Pickerel Tournament
Fireworks, Algonac, MI:
(i) Location: All waters of the St.
Clair River, within a 300-yard radius of
the fireworks barge located at position
41°37′ N, 082°32′ W. (NAD 83). This position is located between Algonac and
Russel Island, St. Clair River-North
Channel.
(ii) Expected date: One evening during
the first week in July. The exact dates
and times for this event will be determined annually.
(39) Port Sanilac Fireworks, Port
Sanilac, MI:
(i) Location: All waters of Lake Huron
within a 300-yard radius of the fireworks launch site located at position
43°25′ N, 082°31′ W. (NAD 83). This position is located at the South Harbor
Break wall in Port Sanilac.
(ii) Expected date: One evening during
the first week in July. The exact dates
and times for this event will be determined annually.
(40) 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 located at position
42°32′ N, 082°51′ W. (NAD 83). This position is located 1000 yards east of Veteran’s Memorial Park, St. Clair Shores.
(ii) Expected date: One evening during
the first week in July. The exact dates
and times for this event will be determined annually.
(41) 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 located at position
42°58′ N, 082°25′ W. (NAD 83). This position is located 300 yards east of 223
Huron Ave., Black River.
(ii) Expected date: One evening during
the first week in July. The exact dates
and times for this event will be determined annually.
(42) Grosse Point Yacht Club 4th of
July Fireworks, Grosse Point Shores,
MI:
(i) Location: All waters of Lake St.
Clair within a 300-yard radius of the
fireworks barge located at position
42°25′ N, 082°52′ W. (NAD 83). This position is located 400 yards east of the
Grosse Point Yacht Club seawall, Lake
St. Clair.
(ii) Expected date: One evening during
the first week in July. The exact dates
and times for this event will be determined annually.
(43) Lexington Independence Festival
Fireworks, Lexington, MI:
(i) Location: All waters of Lake Huron
within a 300-yard radius of the fireworks barge located at position 43°13′
N, 082°30′ W. (NAD 83). This position is
located 300 yards east of the Lexington
break wall, Lake Huron.
(ii) Expected date: One evening during
the first week in July. The exact dates
and times for this event will be determined annually.
(44) City of Ecorse Water Festival
Fireworks, Ecorse, MI:
(i) Location: All waters of the Detroit
River within a 300-yard radius of the
fireworks barge located at position
41°14′ N, 083°09′ W. (NAD 83). This position is located in the Ecorse Channel at
the northern end of Mud Island.
(ii) Expected date: One evening during
the first week in July. The exact dates
and times for this event will be determined annually.
(45) Grosse Isle Yacht Club Fireworks, Grosse Isle, MI:
(i) Location: All waters of the Detroit
River within a 300-yard radius of the
fireworks launch site located at position 42°05′ N, 083°09′ W. (NAD 83). This
position is located in front of the
Grosse Isle Yacht Club.
(ii) Expected date: One evening during
the first week in July. The exact dates

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and times for this event will be determined annually.
(46) Trenton Fireworks, Trenton, MI:
(i) Location: All waters of the Detroit
River within a 300-yard radius of the
fireworks barge located at position
42°09′ N, 083°10′ W. (NAD 83). This position is located 200 yards east of Trenton in the Trenton Channel near Trenton, MI.
(ii) Expected date: One evening during
the first week in July. The exact dates
and times for this event will be determined annually.
(47) 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 located at position
42°36′ N, 082°47′ W. (NAD 83). This position is located 400 yards east of Belle
Maer Harbor, Lake St. Clair.
(ii) Expected date: One evening during
the first week in July. The exact dates
and times for this event will be determined annually.
(48) Tawas City 4th of July Fireworks, Tawas, MI:
(i) Location: All waters of Lake Huron
within a 300-yard radius of the fireworks launch site located at position
44°13′ N, 083°30′ W. (NAD 83). This position is located off the Tawas City Pier.
(ii) Expected date: One evening during
the first week in July. The exact dates
and times for this event will be determined annually.
(49) Venetian Festival Boat Parade
and Fireworks, St. Clair Shores, MI:
(i) Location: All waters of Lake St.
Clair within a 300-yard radius of the
fireworks barge located at position
42°28′ N, 082°52′ W. (NAD 83). This position is located 600 yards off Jefferson
Beach Marina, Lake St, Clair.
(ii) Expected date: One evening during
the second week in August. The exact
dates and times for this event will be
determined annually.
(b) Definitions. The following definitions apply to this section:
(1) Designated Representative means
any Coast Guard commissioned, warrant, or petty officer designated by the
Captain of the Port Detroit to monitor
a safety zone, permit entry into the
zone, give legally enforceable orders to
persons or vessels within the zones, and

take other actions authorized by the
Captain of the Port.
(2) Public vessel means vessels
owned, chartered, or operated by the
United States, or by a State or political subdivision thereof.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Detroit, or his designated representative.
(2)(i) These safety zones are closed to
all vessel traffic, except as may be permitted by the Captain of the Port Detroit or his designated representative.
(ii) All persons and vessels must comply with the instructions of the Coast
Guard Captain of the Port or his designated representative.
(iii) Upon being hailed by the U.S.
Coast Guard by siren, radio, flashing
light or other means, the operator of a
vessel shall proceed as directed.
(3)(i) All vessels must obtain permission from the Captain of the Port or
his designated representative to enter,
move within, or exit the safety zone established in this section when this
safety zone is enforced.
(ii) Vessels and persons granted permission to enter the safety zone must
obey all lawful orders or directions of
the Captain of the Port or a designated
representative.
(iii) While within a safety zone, all
vessels must operate at the minimum
speed necessary to maintain a safe
course.
(d) Exemption. Public vessels, as defined in paragraph (b) of this section,
are exempt from the requirements in
this section.
(e) Waiver. For any vessel, the Captain of the Port Detroit or his designated representative 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 purposes of public or environmental safety.
(f) Notification. The Captain of the
Port Detroit will notify the public that
the safety zones in this section are or
will be enforced by all appropriate
means to the affected segments of the

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33 CFR Ch. I (7–1–09 Edition)

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 will issue
a Broadcast Notice to Mariners notifying the public when enforcement of
the safety zone established by this section is cancelled.

EFFECTIVE DATE NOTE: By USCG–2009–0268,
74 FR 27938, June 12, 2009, temporary
§ 165.T11–184 was added, effective from 8 p.m.
on June 12, 2009 to 10 p.m. on Aug. 30, 2009.

§ 165.T11–194 Safety
Zone;
Coast
Guard Air Station San Francisco
Airborne Use of Force Judgmental
Training Flights.

[USCG–2008–0218, 73 FR 46197, Aug. 8, 2008]

ELEVENTH COAST GUARD DISTRICT

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flashing light, or other means, the operator of a vessel shall proceed as directed.
(5) The Coast Guard may be assisted
by other Federal, State, or local agencies.

§ 165.T11–184 Safety zone; Sea World
Summer Nights Fireworks; Mission
Bay, San Diego, California.
(a) Location. The limits of the safety
zone will include a 600 foot radius
around the barge in approximate position 32°46′03″ N, 117°13′11″ W.
(b) Enforcement period. This section
will be enforced from 8 p.m. to 10 p.m.
on June 12, 2009 through August 30,
2009. If the event concludes prior to the
scheduled termination time, the Captain of the Port will cease enforcement
of this safety zone and will announce
that fact via Broadcast Notice to Mariners.
(c) Definitions. The following definition applies to this section: designated
representative, means any commissioned, warrant, and petty officers of
the Coast Guard on board Coast Guard,
Coast Guard Auxiliary, and local,
State, and Federal law enforcement
vessels who have been authorized to
act on the behalf of the Captain of the
Port.
(d) Regulations. (1) Entry into, transit
through or anchoring within this safety zone is prohibited unless authorized
by the Captain of the Port of San Diego
or his designated on-scene representative.
(2) Mariners requesting permission to
transit through the safety zone may request authorization to do so from the
Sector San Diego Command Center.
The Command Center may be contacted on VHF–FM Channel 16.
(3) All persons and vessels shall comply with the instructions of the Coast
Guard Captain of the Port or the designated representative.
(4) Upon being hailed by U.S. Coast
Guard patrol personnel by siren, radio,

(a) Location. The following area is a
safety zone: All waters of San Pablo
Bay, California from surface to bottom,
encompassed by lines connecting the
following points: Beginning at 38°05′11″
N, 122°22′10″ W; thence to 38°03′44″ N,
122°20′12″ W; thence to 38°00′41″ N,
122°25′28″ W; thence to 38°01′45″ N,
122°26′38″ W; thence back to 38°05′11″ N,
122°22′10″ W (NAD 83).
(b) Definitions. As used in this section,
‘‘designated
representative’’
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel or a Federal, State, or local officer assisting
the Captain of the Port (COTP) San
Francisco in the enforcement of the
safety zone.
(c) Regulations. (1) Under the general
regulations in § 165.23 of this title,
entry into, transiting, or anchoring
within this safety zone is prohibited
unless authorized by the COTP or the
COTP’s designated representative.
(2) The safety zone is closed to all
vessel traffic, except as may be permitted by the COTP or the COTP’s designated representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or the COTP’s representative to obtain permission to do
so. Vessel operators given permission
to enter or operate in the safety zone
must comply with all directions given
to them by the COTP or the COTP’s
designated representative. Persons and
vessels may request permission to
enter the safety zone by contacting the
Patrol Commander on VHF–16 or
through the Coast Guard Command
Center at telephone (415) 399–3547.

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§ 165.T11–200

(d) Effective period. This section is effective from 9 a.m. to 11 p.m., each day,
May 5, 8, 19, 22; June 9, 11, 30; July 2, 14,
17, 28, 31; and every Tuesday, Thursday,
and Friday from August 1, 2009 to December 31, 2009.
EFFECTIVE DATE NOTE: By USCG–2009–0300,
74 FR 24701, May 26, 2009, temporary
§ 165.T11–194 was added, effective from May 5,
2009 to Dec. 31, 2009.

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§ 165.T11–195 Safety Zone; June and
July Northwest Harbor Safety Zone;
Northwest Harbor, San Clemente Island, CA.
(a) Location. The limits of the safety
zone will include the navigable waters
of the Northwest Harbor of San
Clemente Island bounded by the following
coordinates:
33°02′06″
N,
118°35′36″ W; 33°02′00″ N, 118°34′36″ W;
thence along the coast of San Clemente
Island to 33°02′06″ N, 118°35′36″ W.
(b) Enforcement period. This section
will be enforced from June 1, 2009
through July 31, 2009 during naval
training exercises. If the training is
concluded prior to the scheduled termination time, the COTP will cease enforcement of this safety zone and will
announce that fact via Broadcast Notice to Mariners.
(c) Definitions. The following definitions apply to this section:
(1) Designated representative means
any Commissioned, Warrant, or Petty
Officers of the Coast Guard, Coast
Guard Auxiliary, or local, state, and
federal law enforcement vessels who
have been authorized to act on the behalf of the COTP.
(2) Non-authorized personnel and vessels, means any civilian boats, fishermen, divers, and swimmers.
(d) Regulations. (1) Entry into, transit
through or anchoring within this safety zone is prohibited unless authorized
by the COTP San Diego or his designated representative.
(2) Non-authorized personnel and vessels requesting permission to transit
through the safety zone may request
authorization to do so from the COTP
San Diego or his designated representative. They may be contacted on VHF–
FM Channel 16, or at telephone number
(619) 278–7033.

(3) Naval units involved in the exercise are allowed in confines of the established safety zone.
(4) All persons and vessels shall comply with the instructions of the Coast
Guard COTP or his designated representative.
(5) Upon being hailed by U.S. Coast
Guard or other official personnel by
siren, radio, flashing light, or other
means, the operator of a vessel shall
proceed as directed.
(6) The Coast Guard may be assisted
by other federal, state, or local agencies and the U.S. Navy.
EFFECTIVE DATE NOTE: By USCG–2009–0330,
74 FR 26089, June 1, 2009, temporary § 165.T11–
195 was added, effective from June 1, 2009
through July 31, 2009.

§ 165.T11–200 Safety zone; Naval Training, San Clemente Island, CA.
(a) Location. The following area is a
safety zone: All navigable waters of the
Pacific Ocean, from surface to bottom,
at the north end of San Clemente Island bounded by lines connecting the
following points: Beginning at 33°01.09′
N, 118°36.34′ W; thence to 32°59.95′ N,
118°39.77′ W; thence running parallel to
the shoreline at a distance of approximately 3 NM to 33°02.81′ N, 118°30.65′ W;
thence to 33°01.29′ N, 118°33.88′ W;
thence along the shoreline returning to
33°01.09′ N, 118°36.34′ W. These coordinates are based on NAD 83.
(b) Effective period. This section is effective from June 6, 2009 through July
31, 2009. If naval training exercises are
concluded prior to the scheduled termination of the effective period, the
COTP will cease enforcement of this
safety zone and will announce that fact
via Broadcast Notice to Mariners.
(c) Definitions. The following definitions apply to this section: Designated
representative, means any Commissioned, Warrant, or Petty Officers of
the Coast Guard, or Coast Guard Auxiliary, and local, state, and federal law
enforcement officers who have been authorized to act on the behalf of the
COTP; non-authorized personnel and vessels, means any civilian boats, fishermen, divers, and swimmers.
(d) Regulations. (1) Under the general
regulations in § 165.23, entry into, transit through or anchoring within this

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§ 165.1101

33 CFR Ch. I (7–1–09 Edition)

safety zone is prohibited unless authorized by the COTP San Diego or his designated representative.
(2) Non-authorized personnel and vessels requesting permission to transit
through the safety zone may request
authorization to do so from the COTP
San Diego or his designated representative. They may be contacted on VHF–
FM Channel 16, or at telephone number
(619) 278–7033.
(3) Naval units involved in the exercise are allowed within the safety zone.
(4) All persons and vessels shall comply with the instructions of the Coast
Guard COTP or his designated representative.
(5) Upon being hailed by U.S. Coast
Guard or other official personnel by
siren, radio, flashing light, or other
means, the operator of a vessel shall
proceed as directed.
(6) The Coast Guard may be assisted
by other Federal, State, or local agencies including the U.S. Navy.

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EFFECTIVE DATE NOTE: By USCG–2009–0455,
74 FR 29427, June 22, 2009, temporary
§ 165.T11–200 was added, effective from June 6,
2009 through July 31, 2009.

§ 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°41′16.5″ N, 117°08′01″ W (Point A);
thence
running
southwesterly
to
32°40′58.3″ N, 117°08′11.0″ W (Point B); to
32°40′36.0″ N 117°07′49.1″ W (Point C); to
32°40′17.0′ N, 117°07′34.6″ W (Point D); to
32°39′36.4″ N, 117°07′24.8″ W (Point E); to
32°39′38.5″ N 117°07′06.5″ 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 § 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]

§ 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:
Commencing at a point on the shoreline of
Point Loma, at latitude 32°41′57.8″ N, longitude 117°14′17.5″ W (Point A), for a place of
beginning; thence easterly to latitude
32°41′56.0″ N, longitude 117°14′09.9″ W (Point
B);
thence
northeasterly
to
latitude
32°42′03.8″ N, longitude 117°14′04.7″ W (Point
C);
thence
northeasterly
to
latitude
32°42′10.2″ N, longitude 117°14′00.6″ W (Point
D);
thence
northwesterly
to
latitude
32°42′14.6″ N, longitude 117°14′02.1″ W (Point
E);
thence
northwesterly
to
latitude
32°42′22.7″ N, longitude 117°14′05.8″ W (Point
F);
thence
northwesterly
to
latitude
32°42′28.3″ N, longitude 117°14′08.4″ W (Point
G); thence westerly to latitude 32°42′28.3″ N,
longitude 117°14′09.6″ W (Point H); thence
generally southerly along the shoreline of
Point Loma to the place of beginning (Point
A).

(b) Regulations. In accordance with
the general regulations in § 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]

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Coast Guard, DHS

§ 165.1105

§ 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° 41′11.2″ N,
117° 13′57.0″ W (Point A), thence northerly to 32° 41′31.8″ N, 117° 14′00.6″ W
(Point B), thence westerly to 32° 41′32.7″
N, 117° 14′03.2″ W (Point C), thence
southwesterly
to
32° 41′30.5″
N,
117° 14′17.5″ 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 § 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.

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[COTP San Diego 03–010, 68 FR 25290, May 12,
2003]

§ 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°42′53.0″
N, 117°11′45.0 W (Point A); thence running
northerly
to
32°42′55.5″
N,
117°11′45.0″ W, (Point B); thence running
easterly to 32°42′57.0″ N, 117°11′31.0″ W,
(Point C); thence southeasterly to
32°42′42.0″ N, 117°11′04.0″ W (Point D);

thence southeasterly to 32°42′21.0″ N,
117°10′47.0″ W (Point E) thence running
southerly to 32°42′13.0″ N, 117°10′51.0″ 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.
(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]

§ 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°41′53.0″ N, Longitude
117°13′33.6″ W;
(ii) Latitude 32°41′53.0″ N, Longitude
117°13′40.6″ W;
(iii) Latitude 32°41′34.0″ N, Longitude
117°13′40.6″ W;
(iv) Latitude 32°41′34.0″ N, Longitude
117°13′34.1″ W.
(2) Because the area of this security
zone is measured from the pier and
from vessels moored thereto, the actual area of this security zone will be
larger when a vessel is moored at
Bravo Pier.

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§ 165.1106

33 CFR Ch. I (7–1–09 Edition)

(b) Regulations. In accordance with
the general regulations in § 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]

§ 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°43′37.2″
N, longitude 117°10′45.0″ W (point A), for
a point of beginning; thence southeasterly to latitude 32°43′36.2″ N, longitude
117°10′41.5″ W (point B); thence southwesterly to latitude 32°43′20.2″ N, longitude 117°10′49.5″ W (point C); thence
northwesterly to latitude 32°43′25.7″ N,
longitude 117°11′04.6″ W (point D);
thence
northeasterly
to
latitude
32°43′35.7″ N, longitude 117°10′59.5″ W
(point E); thence generally easterly
along the air station boundary to the
point of beginning (point A).
(b)(1) In accordance with the general
regulations in § 165.23 of this part,
entry into the area of this zone is prohibited unless authorized by the Captain of the Port, except as provided for
below.
(2) Vessels may transit the area of
this safety zone without permission,
but may not anchor, stop, remain within the zone, or approach within 100
yards (92 meters) of the land area of
Coast Guard Air Station San Diego or
structures attached thereto.
[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]

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§ 165.1107 San Diego Bay, California.
(a) Location. The area encompassed
by the following geographic coordinates is a regulated navigation area:
32°41′24.6″ N
32°41′34.2″ N
32°41′34.2″ N

117°14′21.9″ W
117°13′58.5″ W
117°13′37.2″ W

Thence south along the shoreline to
32°41′11.2″ N
117°13′31.3″ W
32°41′11.2″ N
117°13′58.5″ 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
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]

§ 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

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Coast Guard, DHS

§ 165.1121

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 § 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]

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§ 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 § 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]

§ 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°40′30.0″ N, 117°10′03.0″ W (Point A);
thence
running
northeasterly
to
32°40′54.0″ N, 117°09′35.5″ W (Point B);
thence
running
northeasterly
to
32°40′55.0″ N, 117°09′27.0″ W (Point C);
thence
running
southeasterly
to
32°40′43.0″ N, 117°09′09.0″ W (Point D);
thence running southerly to 32°40′39.0″
N, 117°09′08.0″ (Point E); thence running
southwesterly
to
32°40′30.0″
N,
117°09′12.9″ W (Point F); thence running
a short distance to 32°40′29.0″ N,
117°09′14.0″ W (Point G); thence running
N,
southwesterly
to
32°40′26.0″
117°09′17.0″ W (Point H); thence running
northwesterly to the shoreline to 32°40′
31.0″ N, 117°09′ 22.5″ W (Point I), thence
running along the shoreline to the beginning point.
(b) Regulations. In accordance with
the general regulations in § 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]

§ 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°42′50″ N,
117°10′25″ W (Point A); to 32°42′50″ N,
117°10′38″ W (Point B); to 32°42′54″ N,

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§ 165.1122

33 CFR Ch. I (7–1–09 Edition)

117°10′38″ W (Point C); to 32°42′54″ N,
117°10′25″ W (Point D).
(b) Regulations. In accordance with
the general regulations in § 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]

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§ 165.1122 San Diego Bay, Mission Bay
and their Approaches—Regulated
navigation area.
(a) Regulated navigation area. The following area is a regulated navigation
area (RNA): All waters of San Diego
Bay, Mission Bay, and their approaches
encompassed by a line commencing at
Point La Jolla (32°51′06″ N, 117°16′42″ W);
thence proceeding seaward on a line
bearing 255° T to the outermost extent
of the territorial seas; thence proceeding southerly along the outermost
extent of the territorial seas to the
intersection of the maritime boundary
with Mexico; thence proceeding easterly, along the maritime boundary
with Mexico to its intersection with
the California coast; thence proceeding
northerly, along the shoreline of the
California coast—and including the inland waters of San Diego Bay and Mission Bay, California, shoreward of the
COLREGS Demarcation Line —back to
the point of origin. All coordinates reference 1983 North American Datum
(NAD 83).
(b) Definitions. As used in this section—
COLREGS Demarcation Line means
the line described at 33 CFR 80.1104 or
80.1106.
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.
Vessel means every description of
watercraft or other artificial contrivance used, or capable of being used, as

a means of transportation on water
other than a public vessel.
(c) Applicability. This section applies
to all vessels of 100 gross tons (GT) or
more, including tug and barge combinations of 100 GT or more (combined), operating within the RNA, with
the exception of public vessels, vessels
not intending to cross the COLREGS
Demarcation Line and enter San Diego
Bay or Mission Bay, and any vessels
exercising rights under principles of
international law, including innocent
passage or force majeure, within the
area of this RNA. Vessels operating
properly installed, operational, type
approved automatic identification system (AIS) as denoted in 33 CFR 164.46
are exempted from making requests as
required in this regulation.
(d) Regulations. (1) No vessel to which
this rule applies may enter, depart or
move within San Diego Bay or Mission
Bay unless it complies with the following requirements:
(i) Obtain permission to enter San
Diego Bay or Mission Bay from the
Captain of the Port or designated representative immediately upon entering
the RNA. However, to avoid potential
delays, we recommend seeking permission 30 minutes prior to entering the
RNA.
(ii) Follow all instructions issued by
the Captain of the Port or designated
representative.
(iii) Obtain permission for any departure from or movement within the
RNA from the Captain of the Port or
designated representative prior to getting underway.
(iv) Follow all instructions issued by
the Captain of the Port or designated
representative.
(v) Requests may be made by telephone at 619–278–7033 (select option 2)
or via VHF-FM radiotelephone on
channel 16 (156.800 Mhz). The call sign
for radiotelephone requests to the Captain of the Port or designated representative is ‘‘Coast Guard Sector San
Diego.’’
(2) For purposes of the requirements
in paragraph (d)(1) of this section, the
Captain of the Port or designated representative means any official designated by the Captain of the Port, including but not limited to commissioned, warrant, and petty officers of

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Coast Guard, DHS

§ 165.1151

the U.S. Coast Guard, and any U.S.
Coast Guard patrol vessel. 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.
(e) Waivers. The Captain of the Port
or designated representative may, upon
request, waive any regulation in this
section.
[CGD11–05–002, 70 FR 70495, November 22,
2005]

§ 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°01′25.0″ N, 118°33′43.0″ W, for
a place of beginning (point A), thence
northeasterly
to
33°02′11.0″
N,
118°32′13.5″ W (point B), thence southeasterly to 32 °58′40.5″ N, 118°29′15.5″ W
(point C), thence southwesterly to
32°57′54.0″ N, 118°31′17.2″ W (point D),
thence northwesterly along the shoreline of San Clemente Island to the
place of beginning.
(b) Regulations. In accordance with
the general regulations in § 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]

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§ 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;
(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 § 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 AngelesLong 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.

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§ 165.1152

33 CFR Ch. I (7–1–09 Edition)

(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]

§ 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°42.30′ N, 118°17.60′ W, with
the following geographical positions:
Latitude
33°35.50′
33°35.50′
33°37.70′
33°43.40′

N
N
N
N

Longitude

............................................
............................................
............................................
............................................

118°17.60′
118°09.00′
118°06.50′
118°10.80′

W
W
W
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°42.50′ N ............................
33°42.62′
33°41.30′
33°40.85′
33°42.50′

N
N
N
N

............................
............................
............................
............................

118°15.10′ W
(Los Angeles Light)
118°14.70′ W
118°13.50′ W
118°14.90′ W
118°15.10′ W

(ii) The Long Beach Pilot Area:
Latitude

Longitude

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33°43.40′ N ............................
33°43.40′
33°41.50′
33°40.52′
33°40.52′
33°41.50′
33°43.40′

N
N
N
N
N
N

............................
............................
............................
............................
............................
............................

118°11.20′ W
(Long Beach Light)
118°10.80′ W
118°10.22′ W
118°10.22′ W
118°11.82′ W
118°11.82′ W
118°11.20′ W

(iii) The Los Angeles Deep Water Traffic Lane:
Latitude
33°42.47′
33°42.56′
33°39.48′
33°39.42′
33°42.47′

N
N
N
N
N

Longitude

............................................
............................................
............................................
............................................
............................................

118°14.95′
118°14.75′
118°13.32′
118°13.55′
118°14.95′

(iv) The Long Beach Deep Water Traffic Lane:
Latitude
33°43.43′
33°43.39′
33°41.51′
33°41.50′
33°43.43′

N
N
N
N
N

Longitude

............................................
............................................
............................................
............................................
............................................

118°11.15′
118°10.90′
118°10.71′
118°10.95′
118°11.15′

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W
W
W
W

(v) Los Angeles Deep Water Pilot Area:
A 0.5nm radius around 33°39.00′ N,
118°13.19′ W.
(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).

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Coast Guard, DHS

§ 165.1154

(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°42.70′ N, 118°14.70′ W),
thence east along the Middle Breakwater to Long Beach Light (33°43.40′ N,
118°11.20′ W), thence south to (33°43.08′
N, 118°11.26′ W), thence westerly to
(33°43.08′ N, 118°12.26′ W), thence southwesterly parallel to the breakwater to
(33°42.43′ N, 118°14.30′ W), thence to the
point of origin, unless such vessel is:
(i) In an emergency;
(ii) Proceeding to anchor in or departing Commercial Anchorage G;
(iii) Standing by with confirmed pilot
boarding arrangements; or,
(iv) Engaged in towing vessels to or
from Commercial Anchorage G, or to
or from the waters between Commercial Anchorage G and the Middle
Breakwater.

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[CGD11–00–007, 65 FR 62294, Oct. 18, 2000. Redesignated by USCG–2001–9286, 66 FR 33642,
June 25, 2001]

§ 165.1154 Security
Zones;
Cruise
Ships, San Pedro Bay, California.
(a) Definition. ‘‘Cruise ship’’ as used
in this section means a passenger ves-

sel, 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
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 § 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,

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§ 165.1155

33 CFR Ch. I (7–1–09 Edition)

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]

§ 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°12′23″ N, 120°51′23″ W. [Datum:
NAD 83].
(b) Regulations. (1) In accordance with
the general regulations in § 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.

erowe on DSK5CLS3C1PROD with CFR

[COTP Los Angeles-Long Beach 02–006, 67 FR
77430, Dec. 18, 2002]

§ 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°54′59″ N, longitude 118°26′50″ W; then
to latitude 33°54′59″ N, longitude
118°27′34″ W; then to latitude 33°54′00″ N,
longitude 118°27′34″ W; then to latitude
33°54′00″ N, longitude 118°26′50″ W; then
to the point of beginning (NAD 1983).
(b) Regulations. (1) In accordance with
the general regulations in § 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
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]

§ 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°25′67.6″ N, longitude 114°18′38.5″ W,
thence
southwesterly
to
latitude
34°25′64″ N, longitude 114°18′45.7″ W,
thence
northwesterly
to
latitude
34°25′65.6″ N, longitude 114°18′46.7″ W,
thence
southeasterly
to
latitude
34°25′60.7″ N, longitude 114°18′42.7″ W,
thence southwesterly to longitude
34°25′51.4″ N, latitude 114°18′46.2″ W,

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§ 165.1181

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thence
southeasterly
to
latitude
34°25′47.1″ N, longitude 114°18′49.4″ 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]

§ 165.1181 San Francisco Bay Region,
California—regulated
navigation
area.
(a) Applicability. This section applies
to all vessels 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°47′18″ N, 122°30′22″ W; thence to 37°48′55″ N,
122°31′41″ W; thence along the shoreline to
37°50′38″ N, 122°28′37″ W; thence to 37°50′59″ N,
122°28′00″ W; thence to 37°51′45″ N, 122°27′28″ W;
thence to 37°52′58″ N, 122°26′06″ W; thence to
37°51′53″ N, 122°24′58″ W; thence to 37°51′53″ N,
122°24′00″ W; thence to 37°51′40″ N, 122°23′48″ W;
thence to 37°49′22″ N, 122°23′48″ W; thence to
37°48′20″ N, 122°22′12″ W; thence to 37°47′02″ N,
122°21′33″ W; thence to 37°47′02″ N, 122°23′04″ W;
thence 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°48′30″ N, 122°31′22″ W; thence to 37°49′03″ N,
122°29′52″ 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°47′50″ N, 122°30′48″ W; thence to 37°48′30″ N,
122°29′29″ W.

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33 CFR Ch. I (7–1–09 Edition)
Datum: NAD 83

(3) Golden Gate Separation Zone: The
area 75 yards each side of a line connecting the following coordinates:

line connecting the following coordinates, beginning at:
37°49′36″ N, 122°27′46″ W; thence to 37°50′22″ N,
122°26′49″ W; thence to 37°50′25″ N, 122°26′22″ W.

37°48′08″ N, 122°31′05″ W; thence to 37°48′46″ N,
122°29′40″ W.

Datum: NAD 83
(B) Golden Gate Precautionary Area:
An area bounded by a line connecting
the following coordinates beginning at:
37°48′30″ N, 122°29′29″ W; thence to 37°48′52″ N,
122°28′41″ W; thence to 37°48′52″ N, 122°27′49″ W;
thence to 37°49′36″ N, 122°27′46″ W; thence to
37°49′55″ N, 122°28′09″ W; thence to 37°49′28″ N,
122°28′45″ W; thence to 37°49′03″ N, 122°29′52″ 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°48′41″ N, 122°25′17″ W; thence to 37°48′50″ N,
122°26′14″ W; thence to 37°48′52″ N, 122°27′49″ W.

Datum: NAD 83
(F) Central Bay Precautionary Area:
An area bounded by a line connecting
the following coordinates, beginning
at:
37°48′41″ N, 122°25′17″ W; thence to 37°49′32″ N,
122°25′13″ W; thence to 37°50′25″ N, 122°26′22″ W;
thence to 37°50′47″ N, 122°26′26″ W; thence to
37°51′04″ N, 122°24′58″ W; thence to 37°51′53″ N,
122°24′58″ W; thence to 37°51′53″ N, 122°24′00″ W;
thence to 37°51′40″ N, 122°23′48″ W; thence to
37°49′22″ N, 122°23′48″ W; thence to 37°48′20″ N,
122°22′12″ W; thence to 37°47′02″ N, 122°21′33″ W;
thence to 37°47′02″ N, 122°23′04″ W; thence returning along the shoreline to the point of
beginning.

Datum: NAD 83
(2) North Ship Channel RNA. The following is a regulated navigation area—
The waters bounded by a line connecting the following coordinates, beginning at:
37°51′53″ N, 122°24′58″ W; thence to 37°54′15″ N,
122°27′27″ W; thence to 37°56′06″ N, 122°26′49″ W;
thence to 37°56′06″ N, 122°26′34″ W; thence to
37°54′48″ N, 122°26′42″ W; thence to 37°54′02″ N,
122°26′10″ W; thence to 37°51′53″ N, 122°24′00″ W;
thence to returning to the point of beginning.

Datum: NAD 83

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°49′55″ N, 122°28′09″ W; thence to 37°50′36″ N,
122°27′12″ W; thence to 37°50′47″ N, 122°26′26″ W.

Datum: NAD 83
(D) Central Bay Separation Zone: The
area 75 yards each side of a line connecting the following coordinates, beginning at:

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37°49′17″ N, 122°27′47″ W; thence to 37°49′35″ N,
122°25′25″ W.

Datum: NAD 83
(E) Deep Water Traffic Lane Separation
Zone: The area 75 yards each side of a

(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°56′06″ N, 122°26′49″ W; thence to 37°57′26″ N,
122°27′21″ W; thence to 38°00′48″ N, 122°24′45″ W;
thence to 38°01′54″ N, 122°22′24″ W; thence to
38°01′44″ N, 122°22′18″ W; thence to 37°57′37″ N,
122°26′23″ W; thence to 37°56′06″ N, 122°26′34″ W;
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°01′54″ N, 122°22′25″ W; thence to 38°03′13″ N,
122°19′50″ W; thence to 38°03′23″ N, 122°18′31″ W;
thence to 38°03′13″ N, 122°18′29″ W; thence to

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38°03′05″ N, 122°19′28″ W; thence to 38°01′44″ N,
122°22′18″ 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°13′31″ W (coinciding with the
charted location of the Carquinez
Bridge)
(ii) 121°53′17″ 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°54′17″ N, 122°22′00″ W; thence to 37°54′08″ N,
122°22′00″ W; thence to 37°54′15″ N, 122°23′12″ W;
thence to 37°54′30″ N, 122°23′09″ 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°54′28″ N, 122°23′36″ W; thence to
37°54′20″ N, 122°23′38″ W; thence to
37°54′23″ N, 122°24′02″ W; thence to
37°54′57″ N, 122°24′51″ W; thence to
37°55′05″ N, 122°25′02″ W; thence to
37°54′57″ N, 122°25′22″ W; thence to
37°53′26″ N, 122°25′03″ W; thence to
37°53′24″ N, 122°25′13″ W; thence to
37°55′30″ N, 122°25′35″ W; thence to
37°55′40″ N, 122°25′10″ W; thence to
37°54′54″ N, 122°24′30″ W; thence to
37°54′30″ N, 122°24′00″ W; thence returning to
the point of beginning.

Datum: NAD 83

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(7) Oakland Harbor RNA: The following is a regulated navigation area—
The waters bounded by a line connecting the following coordinates, beginning at:
37°48′40″
37°48′50″
37°48′29″
37°48′13″
37°48′10″
37°48′20″
37°47′36″
37°47′52″

N,
N,
N,
N,
N,
N,
N,
N,

122°19′58″
122°20′02″
122°20′39″
122°21′26″
122°21′39″
122°22′12″
122°21′50″
122°21′40″

W;
W;
W;
W;
W;
W;
W;
W;

thence
thence
thence
thence
thence
thence
thence
thence

to
to
to
to
to
to
to
to

37°48′03″ N, 122°21′00″ W; thence to
37°47′48″ N, 122°19′46″ W; thence to
37°47′55″ N, 122°19′43″ W; thence returning
along the shoreline to the point of the beginning.

Datum: NAD 83
(d) General regulations. (1) A powerdriven 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
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

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§ 165.1181

33 CFR Ch. I (7–1–09 Edition)

(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 § 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 coordi-

nates 38°02′18″ N, 122°07′17″ 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°02′18″ N, 122°07′17″ 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, the vessel shall not pass
beyond longitude line 121°55′19″ 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 powerdriven vessel of 1600 or more gross tons

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Coast Guard, DHS

§ 165.1183

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]

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§ 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°46.9′ N, 122°35.4′ W & 37°46.5′ N,
122°35.2′ W, respectively) until safely
moored at the Weapons Support Facility Seal Beach Detachment Concord on
Suisun Bay (position 38°03.3′ N, 122°02.5′
W). All coordinates referenced use
datum: NAD 1983.
(2) All waters within 100 yards of such
vessels described in paragraph (a)(1) of
this section while such vessels are conducting cargo operations at the Weapons Support Facility Seal Beach Detachment Concord.
(b) 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]

§ 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:

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33 CFR Ch. I (7–1–09 Edition)

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(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°46.9′ N, 122°35.4′ W
and 37°46.5′ N, 122°35.2′ 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°57.10′ N, 122°01.60′ W, and Cypress
Point, Monterey to the south, in position 36°34.90′ N, 121°58.70′ 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°46.25′ N, 124°16.13′ W.
(c) Regulations. (1) In accordance with
the general regulations in § 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]

§ 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:
(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]

§ 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 § 165.33 of
this part, entry into these security
zones is prohibited, unless doing so is

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Coast Guard, DHS

§ 165.1191

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.

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[COTP San Francisco Bay 03–029, 69 FR 11316,
Mar. 10, 2004]

§ 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, approximately 50 yards into the Oakland Estuary surrounding the Coast Guard Island
Pier. The perimeter of the security
zone follows the same perimeter as the
floating security barrier installed
around the Coast Guard Island pier.
The perimeter of the security barrier is
located along the following coordinates: commencing at a point on land
approximately 50 yards northwest of
the northwestern end of the Coast
Guard
Island
Pier
at
latitude
37°46′53.60″ N and longitude 122°15′06.10″
W; thence to the edge of the navigable
channel at latitude 37°46′51.83″ N and
longitude 122°15′07.47″ W; thence to a
position approximately 10 yards into
the charted navigation channel at latitude 37°46′51.27″ N and longitude

122°15′07.22″ W; thence closely paralleling the edge of the charted navigation channel to latitude 37°46′46.75″ N
and longitude 122°15′00.21″ W; thence
closely paralleling the edge of the
charted navigation channel to a point
approximately 20 yards into the
charted navigation channel at latitude
37°46′42.36″ N and longitude 122°14′51.55″
W; thence to a point on land approximately 50 yards southeast of the southeastern end of the Coast Guard Island
Pier at latitude 37°46′44.80″ N and longitude 122°14′48.80″ W; thence northwest
along the shoreline back to the beginning point.
(b) Regulations. (1) Under § 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.
(c) Enforcement. The Captain of the
Port will enforce this security zone and
may be assisted in the patrol and enforcement of this security zone by any
Federal, State, county, municipal, or
private agency.
[COTP San Francisco Bay 05–006, 70 FR 48874,
Aug. 22, 2005]

§ 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
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 Sector San
Francisco, to patrol each event.

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§ 165.1191

33 CFR Ch. I (7–1–09 Edition)

(1) In accordance with the general
regulations in § 165.23 of this part, entering into, transiting through, or anchoring within these zones is prohibited, unless authorized by the Patrol
Commander.
(2) Each person in a safety zone who
receives notice of a lawful order or direction issued by an official patrol vessel shall obey the order or direction.
(3)
The
Patrol
Commander
(PATCOM) is empowered to forbid and
control the movement of all vessels in

the regulated area. The Patrol Commander shall be designated by the
Commander, Coast Guard Sector San
Francisco; will be a U.S. Coast Guard
commissioned officer, warrant officer
or petty officer to act as the Sector
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 § 165.1191
[All coordinates referenced use datum NAD 83]

KFOG KaBoom
Sponsor .....................................
Event Description ......................
Date ...........................................
Location .....................................
Regulated Area .........................

Sponsor .....................................
Event Description ......................
Date ...........................................
Location .....................................
Regulated Area .........................

KFOG Radio, San Francisco.
Fireworks display.
Last Saturday in May.
1,000 feet off Pier 30/32.
That area of navigable waters within a 1,000 foot radius of the launch platform.
Fourth of July Fireworks, City of Monterey
City of Monterey, Recreation & Community Services Department.
Fireworks Display.
July 4th.
Monterey Bay, East of Municipal Wharf #2.
That area of navigable waters within a 1,000 foot radius of the launch platform.
Fourth of July Fireworks, City of Sausalito

Sponsor .....................................
Event Description ......................
Date ...........................................
Location .....................................
Regulated Area .........................

City of Sausalito.
Fireworks Display.
July 4th.
1,000 feet off-shore from Sausalito waterfront, North of Spinnaker Rest.
That area of navigable waters within a 1,000 foot radius of the launch platform.
Fourth of July Fireworks, Lake Tahoe

Sponsor .....................................
Event Description ......................
Date ...........................................
Location .....................................
Regulated Area .........................

Anchor Trust.
Fireworks Display.
July 4th.
1,000 feet off Incline Village, Nevada in Crystal Bay.
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 .....................................
Event Description ......................
Date ...........................................
Location .....................................
Regulated Area .........................

Harrah’s Lake Tahoe.
Fireworks Display.
July 4th.
Off South Lake Tahoe, California near Nevada border.
That area of navigable waters within a 1,000 foot radius of the launch platform.

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Independence Day Fireworks
Sponsor .....................................
Event Description ......................
Date ...........................................

North Tahoe Fire Protection District.
Fireworks Display.
July 4th.

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Coast Guard, DHS

§ 165.1192
TABLE 1 TO § 165.1191—Continued
[All coordinates referenced use datum NAD 83]

Location .....................................
Regulated Area .........................

Offshore from Kings Beach State Beach.
That area of navigable waters within a 1,000 foot radius of the launch platform.
July 4th Fireworks Display

Sponsor .....................................
Event Description ......................
Date ...........................................
Location .....................................
Regulated Area .........................

North Tahoe Fire Protection District.
Fireworks Display.
July 4th.
Offshore of Common Beach, Tahoe City, CA.
That area of navigable waters within a 1,000 foot radius of the launch platform.

San Francisco Chronicle Fireworks Display
Sponsor .....................................
Event Description ......................
Date ...........................................
Location 1 ..................................
Regulated Area .........................
Location 2 ..................................
Regulated Area .........................

San Francisco Chronicle.
Fireworks Display.
July 4th.
A barge located approximately 1,000 feet off of San Francisco Pier 39 at
approximately: 37°48′49.0″ N, 122°24′46.5″ W.
The area of navigable waters within a 1,000 foot radius of the launch platform.
The end of the San Francisco Municipal Pier at Aquatic Park at approximately: 37°48′38.5″ N, 122°25′30.0″ W.
The area of navigable waters within a 1,000 foot radius of the launch platform.
Vallejo Fourth of July Fireworks

Sponsor .....................................
Event Description ......................
Date ...........................................
Location .....................................
Regulated Area .........................

Vallejo Marina.
Fireworks Display.
July 4th.
Mare Island Strait.
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]

§ 165.1192 Security Zones; Waters surrounding San Francisco International Airport and Oakland International Airport, San Francisco
Bay, California.

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(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
37°36′19″ N

Longitude
122°22′36″ W

Latitude
37°36′45″
37°36′26″
37°36′31″
37°36′17″
37°36′37″
37°36′50″
37°37′00″
37°37′21″
37°37′39″
37°37′56″
37°37′50″
37°38′25″
37°38′23″

N
N
N
N
N
N
N
N
N
N
N
N
N

Longitude
122°122′18″ W
122°21′30″ W
122°21′21″ W
122°20′45″ W
122°20′40″ W
122°21′08″ W
122°21′12″ W
122°21′53″ W
122°21′44″ W
122°21′51″ W
122°22′20″ W
122°22′54″ W
122°23′01″ 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

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§ 165.1195

33 CFR Ch. I (7–1–09 Edition)

the Oakland International Airport and
encompasses all waters in San Francisco Bay within a line connecting the
following geographical positions—
Latitude
37°43′35″
37°43′40″
37°43′34″
37°43′24″
37°41′54″
37°41′51″
37°41′53″
37°41′35″
37°41′46″
37°42′03″
37°42′08″
37°42′35″
37°42′40″

N
N
N
N
N
N
N
N
N
N
N
N
N

Longitude
122°15′00″
122°15′05″
122°15′12″
122°15′11″
122°13′05″
122°12′48″
122°12′44″
122°12′18″
122°12′08″
122°12′34″
122°12′32″
122°12′30″
122°12′06″

W
W
W
W
W
W
W
W
W
W
W
W
W

and along the shoreline back to the beginning point.
(b) Regulations. (1) Under § 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.

erowe on DSK5CLS3C1PROD with CFR

[COTP San Francisco Bay 03–009, 69 FR 34282,
June 21, 2004]

§ 165.1195 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 Chan-

nel 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 Title 33, Code of Federal
Regulations, Section 1.01–30 and 3.55–20.
Sector means Coast Guard Sector/Air
Station Humboldt Bay.
Sector Commander means the Commanding Officer of Coast Guard Sector/
Air Station 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 title 33 CFR, part
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
can be made directly to Sector/Air Station 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 dependent on environmental and safety

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Coast Guard, DHS

§ 165.1197

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 Sector 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
Sector/Air Station 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 Sector Watchstander receiving
the request will brief the Officer in
Charge of the Station who will then
brief the Sector Commander. The authority to grant waivers rests with the
Sector Commander or his designated
representative.
(4) In addition to the requirements in
paragraphs (d)(1)–(3) of this section,
vessels transporting liquefied hazardous gases or compressed hazardous
gases in bulk as cargo into or out of
Humboldt Bay are required to be aided
by two assist tugs. If the vessel carrying the gases is towed, the assist 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 Sector
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
Sector 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 Sector Commander
will enforce this regulation and has the
authority to take steps necessary to
ensure the safe transit of vessels in
Humboldt Bay. The Sector 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 Sector 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.
[CGD11–05–006, 70 FR 49492, Aug. 24, 2005]

§ 165.1197 Security Zones; San Francisco
Bay,
San
Pablo
Bay,
Carquinez Strait, Suisun Bay, California.
(a) Locations. The following areas are
security zones:
(1) Chevron Long Wharf, San Francisco
Bay. This security zone includes all waters extending from the surface to the
sea floor within approximately 100
yards of the Chevron Long Wharf,

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§ 165.1197

33 CFR Ch. I (7–1–09 Edition)

Richmond, CA, and encompasses all
waters in San Francisco Bay within a
line connecting the following geographical positions—
Latitude
37°55′52.2″
37°55′41.8″
37°55′26.8″
37°55′47.1″
37°55′42.9″
37°55′11.2″
37°55′14.4″
37°55′19.7″
37°55′22.2″
37°55′38.5″
37°55′47.8″

N
N
N
N
N
N
N
N
N
N
N

Longitude
122°24′04.7″
122°24′07.1″
122°24′35.9″
122°24′55.5″
122°25′03.5″
122°24′32.8″
122°24′27.5″
122°24′23.7″
122°24′26.2″
122°23′56.9″
122°23′53.3″

W
W
W
W
W
W
W
W
W
W
W

Latitude
38°02′03.1″
38°02′05.6″
38°02′07.9″
38°02′13.0″
38°02′05.7″
38°02′00.5″
38°02′01.8″
38°01′55.0″

and along the shoreline back to the beginning point.
(2) Conoco-Phillips, San Pablo Bay.
This security zone includes all waters
extending from the surface to the sea
floor within approximately 100 yards of
the Conoco-Phillips Wharf, Rodeo, CA,
and encompasses all waters in San
Pablo Bay within a line connecting the
following geographical positions—
Latitude
38°03′06.0″
38°03′20.7″
38°03′21.8″
38°03′29.1″
38°03′23.8″
38°03′16.8″
38°03′18.6″
38°03′04.0″

N
N
N
N
N
N
N
N

122°15′32.4″
122°15′35.8″
122°15′29.8″
122°15′31.8″
122°15′55.8″
122°15′53.2″
122°15′45.2″
122°15′42.0″

Latitude

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N
N
N
N
N
N
N
N

122°07′11.9″
122°07′18.9″
122°07′14.9″
122°07′19.4″
122°07′35.9″
122°07′31.1″
122°07′27.3″
122°07′11.0″

Latitude
38°02′37.6″
38°02′34.7″
38°02′44.1″
38°02′48.0″
38°02′47.7″

W
W
W
W
W
W
W
W

Longitude
122°07′40.3″
122°07′43.0″
122°07′37.9″
122°07′42.6″
122°08′08.7″
122°08′04.2″
122°07′50.5″
122°07′47.6″

N
N
N
N
N
N
N
N

Longitude

W
W
W
W
W
W
W
W

and along the shoreline back to the beginning point.
(4) Amorco Pier, Carquinez Strait. This
security zone includes all waters ex-

W
W
W
W
W
W
W
W

and along the shoreline back to the beginning point.
(5) Valero, Carquinez Strait. This security zone includes all waters extending
from the surface to the sea floor within
approximately 100 yards of the Valero
Pier, Benicia, CA, and encompasses all
waters in the Carquinez Strait within a
line connecting the following geographical positions—

Longitude

and along the shoreline back to the beginning point.
(3) Shell Terminal, Carquinez Strait.
This security zone includes all waters
extending from the surface to the sea
floor within approximately 100 yards of
the Shell Terminal, Martinez, CA, and
encompasses all waters in San Pablo
Bay within a line connecting the following geographical positions—

38°01′39.8″
38°01′54.0″
38°01′56.9″
38°02′02.7″
38°01′49.5″
38°01′43.7″
38°01′50.1″
38°01′36.3″

tending from the surface to the sea
floor within approximately 100 yards of
the Amorco Pier, Martinez, CA, and encompasses all waters in the Carquinez
Strait within a line connecting the following geographical positions—

N
N
N
N
N

Longitude
122°07′51.5″
122°07′48.9″
122°07′34.9″
122°07′37.9″
122°07′42.1″

W
W
W
W
W

and along the shoreline back to the beginning point.
(6) Avon Pier, Suisun Bay. This security zone includes all waters extending
from the surface to the sea floor within
approximately 100 yards of the Avon
Pier, Martinez, CA, and encompasses
all waters in Suisun Bay within a line
connecting the following geographical
positions—
Latitude
38°02′24.6″
38°02′54.0″
38°02′55.8″
38°03′02.1″
38°02′55.1″
38°02′48.8″
38°02′52.4″
38°02′46.5″

N
N
N
N
N
N
N
N

Longitude
122°04′52.9″
122°05′19.5″
122°05′16.1″
122°05′19.4″
122°05′42.6″
122°05′39.2″
122°05′27.7″
122°05′22.4″

W
W
W
W
W
W
W
W

and along the shoreline back to the beginning point.
(b) Regulations. (1) In accordance with
the general regulations in § 165.33,
entry into the security zones described
in paragraph (a) of this section is prohibited, unless specifically authorized

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Coast Guard, DHS

§ 165.1301

by the 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 designated representative.
(c) Enforcement. The U.S. Coast Guard
may be assisted in the patrol and enforcement of these security zones by
federal, state and local law enforcement as necessary.

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[COTP San Francisco Bay 05–007, 71 FR 12138,
Mar. 9, 2006]

§ 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 VHFFM 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
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 Sector San Francisco Bay maintains a telephone line that is maintained 24 hours a day, 7 days a week.
The public can contact Sector 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
§ 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

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§ 165.1301

33 CFR Ch. I (7–1–09 Edition)

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.
(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

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Coast Guard, DHS

§ 165.1302

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.

erowe on DSK5CLS3C1PROD with CFR

[CGD 13–98–002, 63 FR 7708, Feb. 17, 1998]

§ 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°43′17″ N., longitude
122°44′44″ W., thence to latitude 47°43′32″
N., longitude 122°44′40″ W.; thence to
latitude 47°43′50″ N., longitude 122°44′40″
W.; thence to latitude 47°44′24″ N., longitude 122°44′22″ W.; thence to latitude
47°45′47″ N., longitude 122°43′22″ W.;
thence to latitude 47°46′23″ N., lon-

gitude 122°42′42″ W.; thence to latitude
47°46′23″ N., longitude 122°42′20″ W.;
thence to latitude 47°46′20″ N., longitude 122°42′12″ 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°46′26″ N., longitude 122°42′49″ W.
(c) Special Regulations. (1) Section
165.33 paragraphs, (a), (e), and (f) do not
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

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§ 165.1303

33 CFR Ch. I (7–1–09 Edition)

and monitoring of this security zone by
the U.S. Navy.
[CDG13 87–06, 52 FR 47924, Dec. 17, 1987]

§ 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′24″ N., 122–45′12″
W.), must keep the center of the precautionary area to port.

erowe on DSK5CLS3C1PROD with CFR

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]

§ 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°44′56″ N, longitude
122°29′40″ 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 § 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]

§ 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°17′34″ N, Longitude 122°28′36″ W; thence to Latitude
47°17′06″ N, Longitude 122°27′40″ W;
thence to Latitude 47°16′42″ N, Longitude 122°28′06″ W; thence to Latitude
47°17′10″ W, Longitude 122°29′02″ 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

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Coast Guard, DHS

§ 165.1309

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 § 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]

§ 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°38′32″
N, Longitude 122°20′34″ W; thence to
Latitude
47°38′32″
N,
Longitude
122°19′48″ W; thence to Latitude 47°38′10″
N, Longitude 122°19′45″ W; thence to
Latitude
47°38′10″
N,
Longitude
122°20′24″ 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 § 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).

erowe on DSK5CLS3C1PROD with CFR

[CGD13–95–010, 60 FR 61483, Nov. 30, 1995]

§ 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°37′22″
N,
Longitude
122°22′06″ W; thence to Latitude 47°37′06″
N, Longitude 122°21′45″ W; thence to

Latitude
47°36′54″
N,
Longitude
122°22′05″ W; thence to Latitude 47°37′08″
N, Longitude 122°22′27″ 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
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 § 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]

§ 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°37′17″ N, longitude 122°40′22″ W; thence south along
the Interstate 5 highway bridge to latitude 45°37′03″ N, longitude 122°40′32″ W;
thence to latitude 45°36′28″ N, longitude
122°38′35″ W; thence to Ryan’s Point at
latitude 45°36′42″ N, longitude 122°38′35″
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 § 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]

§ 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

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§ 165.1310

33 CFR Ch. I (7–1–09 Edition)

beginning at: 47°36′56″ N, 122°30′36″ W;
thence to 47°37′11″ N, 122°30′36″ W;
thence to 47°37′25″ N, 122°30′17″ W;
thence to 47°37′24″ N, 122°30′02″ W;
thence to 47°37′16″ N, 122°29′55″ W;
thence to 47°37′03″ N, 122°30′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.

erowe on DSK5CLS3C1PROD with CFR

[CGD 13–98–004, 64 FR 72561, Dec. 28, 1999]

§ 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°02.25′
N, 124°42.1′ W northward along the
mainland shoreline of Washington
State to Cape Flattery and thence
eastward along the mainland shoreline
of Washington State to 48°22′ N, 124°34′

W; thence due north to 48°24.55′ N,
124°34′ W; thence northwesterly to
48°27.1′ N, 124°41.7′ W; thence due west
to 48°27.1′ N, 124°45.5′ W; thence southwesterly to 48°20.55′ N, 124°51.05′ W,
thence west south west to 48°18.0′ N
124°59.0′ W, thence due south to 48°02.25′
N, 124°59.0′ W) thence due east back to
the shoreline of Washington at 48°02.25′
N, 124°42.1′ W. Datum: NAD 1983.
(b) During a whale hunt, while the
international numeral pennant five (5)
is flown by a Makah whale hunt vessel,
the following area within the RNA is a
Moving Exclusion Zone: The column of
water from the surface to the seabed
with a radius of 500 yards centered on
the Makah whale hunt vessel displaying international numeral pennant
five (5). This Moving Exclusionary
Zone is activated only when surface
visibility exceeds one nautical mile,
between sunrise and sunset, and the
Makah whale hunt vessel displays the
international numeral pennant five (5).
The Moving Exclusionary Zone is deactivated upon sunset, visibility is reduced to less than one nautical mile, or
when the Makah hunt vessel strikes
international numeral pennant five (5).
(c) Unless otherwise authorized by
the Commander, Thirteenth Coast
Guard District or his or her representative, no person or vessel may enter the
active Moving Exclusionary Zone except for:
(1) Authorized Makah whale hunt
vessel actively engaged in hunting operations under direction of the master
of the Makah vessel flying international numeral pennant five (5), and
(2) A single authorized media pool
vessel operating in accordance with
paragraph (f) of this section.
(d) The international numeral pennant five (5) is only authorized to be
displayed from one Makah whale hunt
vessel during actual whale hunt operations. No other vessels may display
this pennant within the RNA at any
time. Whale hunt operations commence when a whale hunt vessel is underway and its master intends to have
a whale killed during the voyage.
Whale hunt operations cease once this
intent is abandoned, a whale is landed,
or when the international numeral pennant five (5) is struck.

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§ 165.1311

(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:

erowe on DSK5CLS3C1PROD with CFR

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 holding a license or merchant mariner credential
issued 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; USCG–2006–24371, 74 FR 11213, Mar.
16, 2009]

§ 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°15′40.19753″ N,
122°26′09.27617″
W;
thence
to
47°15′42.21070″ N, 122°26′10.65290″ W;
thence
to
47°15′41.84696″
N,
122°26′11.80062″
W;
thence
to
47°15′45.57725″ N, 122°26′14.35173″ W;
thence
to
47°15′53.06020″
N,
122°26′06.61366″
W;
thence
to
47°15′46.74493″ N, 122°26′02.50574″ 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

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§ 165.1312

33 CFR Ch. I (7–1–09 Edition)

may, or will, take place in the Regulated Area.
[CGD13–02–016, 68 FR 17735, Apr. 11, 2003]

§ 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
§ 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]

erowe on DSK5CLS3C1PROD with CFR

§ 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.
(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]

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(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 onscene 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
§ 6.04–11. In addition, the Captain of the
Port may be assisted by other federal,
state or local agencies in enforcing this
section.
[CGD13–02–018, 68 FR 15374, Mar. 31, 2003]

§ 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°37″ 16.5′ N,
longitude 122°40″ 22.5′’ W; thence south
along the Interstate 5 highway bridge
to Hayden Island, Oregon at latitude
45°36″ 51.5′ N, longitude 122°40″ 39′ W;
thence east along Hayden Island to
latitude 45°36″ 36′ N, longitude 122°39″
48′ 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°37″ 1.5′ N, longitude 122°39″ 29′ W;
thence west along the Washington
shoreline to the point of origin.
(b) Regulations. In accordance with
the general regulations in § 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]

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§ 165.1315 Safety Zones: Fireworks displays 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.
(ii) Enforcement period. One day in
late August.
(8) Florence Chamber 4th of July Fireworks Display, Florence, OR
(i) Location. All water of the Siuslaw
River enclosed by the following points:
43°58′05″ N, 124°05′54″ W following the
shoreline to 43°58′20″ N 124°04′46″ W then
south to 43°58′07″ N 124°04′40″ W following the shoreline to 43°57′48″ N
124°05′54″ W then back to the point of
origin.
(ii) Enforcement period. This section is
enforced annually on July fourth from
9 p.m. to 11 p.m. (PDT).
(9) Oaks Park July 4th Celebration,
Portland, OR
(i) Location. All water of the Willamette River enclosed by the following
points: 45°28′26″ N 22°39′43″ W following
the shoreline to 45°28′10″ N 122°39′54″ W
then west to 45°28′41″ N 122°40′06″ W following the shoreline to 45°28′31″ N
122°40′01″ W then back to the point of
origin.
(ii) Enforcement period. This section is
enforced annually on July fourth from
9 p.m. to 11 p.m. (PDT).
(10) Rainier Days Fireworks Celebration, Rainier, OR
(i) Location. All water of the Columbia River enclosed by the following
points: 46°06′04″ N, 122°56′35″ W following
the shoreline to 46°05′53″ N 122°55′58″ W
then south to 46°05′24″ N 122°55′58″ W
following the shoreline to 46°05′38″ N
122°56′35″ W then back to the point of
origin.
(ii) Enforcement period. This section is
enforced annually on the second Saturday of July each year from 9 p.m. to 11

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p.m. (PDT). Except that when the first
Saturday falls on July 1, this section
will be enforced on the third Saturday
of July.
(11) Ilwaco July 4th Committee Fireworks, Ilwaco, WA
(i) Location. All water of the Columbia River extending out to a 700′ radius
from the launch site at 46°18′17″ N
124°01′55″ W.
(ii) Enforcement period. This section is
enforced annually on the first Saturday of July from 9 p.m. to 11 p.m.
(PDT).
(12) Milwaukie Centennial Fireworks
Display, Milwaukie, OR
(i) Location. All water of the Willamette River enclosed by the following
points: 45°26′41″ N, 122°38′46″ W following
the shoreline to 45°26′17″ N 122°38′36″ W
then west to 45°26′17″ N 122°38′55″ W following the shoreline to 45°26′36″ N
122°38′50″ W then back to the point of
origin.
(ii) Enforcement period. This section is
enforced annually on the third Saturday of July each year from 9 p.m. to 11
p.m. (PDT). Except that when the first
Saturday falls on July 1, this section
will be enforced on the fourth Saturday
of July.
(13) Splash Aberdeen Waterfront Festival, Aberdeen, WA
(i) Location. All water of the Chehalis
River extending out to 500 feet of the
following points: 46°58′40″ N, 123°47′45″
W.
(ii) Enforcement period. This section is
enforced annually on July fourth from
9 p.m. to 11 p.m. (PDT).
(14) City of Coos Bay July 4th Celebration, Coos Bay, OR
(i) Location. All water of the Coos
River extending out to 1200 feet of the
following points: 43°22′12″ N, 124°12′39″
W.
(ii) Enforcement period. This section is
enforced annually on July fourth from
9 p.m. to 11 p.m. (PDT).
(b) Regulations. (1) In accordance with
§ 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, as
amended by CGD13–06–009, 71 FR 30805, May
31, 2006]

§ 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°49′36″ West to
46°11′51″ North thence east to 123°48′53″
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 § 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]

§ 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

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33 CFR Ch. I (7–1–09 Edition)

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
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°30′ 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 onscene 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

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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
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]

§ 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.

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33 CFR Ch. I (7–1–09 Edition)

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
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 VHFFM 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.

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§ 165.1321

(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.

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[CGD13–03–022, 68 FR 53679, Sept. 12, 2003]

§ 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°35′44″ N, 122°14′47″ W;
thence to 47°35′48″ N, 122°15′45″ W;
thence to 47°36′02.1″ N, 122°15′50.2″ W;
thence to 47°35′56.6″ N, 122°16′29.2″ W;
thence to 47°35′42″ N, 122°16′24″ 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°33′06″ N, 122°15′32″ W;

thence northeast along the shoreline of
Bailey Peninsula to its northeast point
at 47°33′44″ N, 122°15′04″ 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]

§ 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

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§ 165.1321

33 CFR Ch. I (7–1–09 Edition)

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°16′57′′ N,
122°24′39′′ W, which is approximately
the beginning of Pier No. 23 (also
known as the Army pier); then northwesterly to 47°17′05′′ N, 122°24′52′′ W,
which is the end of the Pier No. 23
(Army pier); then southwesterly to
47°16′42′′ N, 122°25′ 18′′ W, which is the
approximate location of a private buoy
on the end of the sewage outfall; then
southeasterly to 47°16′33′′ N, 122°25′04′′
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°16′33′′ N, 122°25′04′′ W, which is approximately the northwestern end of
Pier No. 5; then northwesterly to
47°16′42′′ N, 122°25′18′′ W, which is the approximate location of a private buoy
on the end of the sewage outfall; then
southwesterly to 47°16′23′′ N, 122°25′36′′
W; then southeasterly to 47°16′10′′ N,
122°25′27′′ W, which is the northwestern
corner of Pier No. 2; then extending
northeasterly to 47°16′13′′ N, 122°25′13′′
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°03′12″ N, 122°54′21″ W,
which is approximately the northwestern end of the fence line enclosing
Berth 1 at Port of Olympia; then northerly to 47°03′15″ N, 122°54′21″ W, which is
the approximate 300 feet north along
the shoreline; then westerly to 47°03′15″
N, 122°54′26″ W; then southerly to
47°03′06″ N, 122°54′26″ W; then southeasterly to 47°03′03″ N, 122°54′20″ W, which is
approximately the end of the T-shaped
pier; then north to 47°03′04″ N,
122°54′19.5″ 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

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Coast Guard, DHS

§ 165.1323

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
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 pur-

pose 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;
CGD13–05–031, 70 FR 45537, Aug. 8, 2005]

§ 165.1322 Regulated Navigation Area:
Willamette River Portland, Oregon
Captain of the Port Zone.
(a) Location. The following is a regulated navigation area (RNA): All waters of the Willamette River encompassed by a line commencing at
45°34′.47″ N, 122°45′28″ W along the shoreline to 45°34′47″ N, 122°45′30″ W thence to
45° 34′47″ N, 122°45′30″ W thence to
45°34′48″ N, 122°45′30″ W thence to
45°34′48″ N, 122°45′30″ W thence to
45°34′48″ N, 122°45′28″ W thence to
45°34′47″ N, 122°45′28″ W and back to the
point of origin. All coordinates reference 1983 North American Datum
(NAD 83).
(b) Regulations. (1) Motoring, anchoring, dragging, dredging, or trawling are
prohibited in the regulated area.
(2) All vessels transiting or accessing
the regulated area shall do so at a no
wake speed or at the minimum speed
necessary to maintain steerage.
[USCG–2008–0112, 74 FR 5988, Feb. 4, 2009]

§ 165.1323 Regulated Navigation Area:
Willamette River Portland, Oregon
Captain of the Port Zone.
(a) Location. The following is a regulated navigation area (RNA): All waters of the Willamette River encompassed by a line commencing at
45°34′.33″ N, 122°44′17″ W to 45°34′32″ N,
122°44′18″ W thence to 45°34′35″ N,
122°44′24″ W thence to 45°34′35″ N,
122°44′27″ W thence to 45°34′35″ N,
122°44′36″ W thence to 45°34′35″ N,
122°44′37″ W thence to 45°34′38″ N,
122°44′42″ W to 45°34′39″ N, 122°44′43″ W
thence to 45°34′44″ N, 122°44′51″ W thence
to 45°34′45″ N, 122°44′53″ W thence to
45°34′47’’ N, 122°44′51″ W thence to
45°34′45″ N, 122°44′46″ W to 45°34′45″ N,
122°44′45″ W thence to 45°34′47″ N,
122°44′43″ W thence to 45°34′46″ N,
122°44′42″ W thence to 45°34′48″ N,
122°44′40’’ W thence to 45°34′48″ N,
122°44′38″ W and along the shoreline to
45°34′46″ N, 122°44′39″ W and back to the

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§ 165.1401

33 CFR Ch. I (7–1–09 Edition)

point of origin. All coordinates reference 1983 North American Datum
(NAD 83).
(b) Regulations. (1) Anchoring, spudding, dredging, laying cable, dragging,
trawling, conducting salvage operations, operating commercial vessels of
any size, and operating recreational
vessels greater than 30 feet in length
are prohibited in the regulated area.
(2) All vessels transiting or accessing
the regulated area shall do so at no
wake speed or at the minimum speed
necessary to maintain steerage.
[USCG–2008–0121, 74 FR 5991, Feb. 4, 2009]

FOURTEENTH COAST GUARD DISTRICT
§ 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°27′47″ N and
144°39′01.9″ 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°26′43″ N, 144°37′46.7″ 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.

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[COTP Guam Reg. 89–001, 55 FR 18725, May 4,
1990]

§ 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°26′47″
N, longitude 144°35′07″ E; thence to
Spanish Rocks at latitude 13°27′09.5″ N,

longitude 144°37′20.6″ E; thence along
the shoreline of Apra Outer Harbor to
latitude
13°26′28.1″
N,
longitude
144°39′52.5″ E (the northwest corner of
Polaris Point); thence to latitude
13°26′40.2″ N, longitude 144°39′28.1″ E;
thence to latitude 13°26′32.1″ N, longitude 144°39′02.8″ E; thence along the
shoreline of Apra Outer Harbor to
Orote Point at latitude 13°26′42″ N, longitude 144°36′58.5″ 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°26′47″ N, longitude
144°35′07″
E;
thence
to
latitude
13°27′14.1″ N, longitude 144°39′14.4″ E;
thence to latitude 13°26′35.2″ N, longitude 144°39′46.4″ E; thence to latitude
13°26′30.8″ N, longitude 144°39′44.4″ 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
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]

§ 165.1403 Security
Zones;
Tinian,
Commonwealth of the Northern
Mariana Islands.
(a) Location. The following areas are
security zones:

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Coast Guard, DHS

§ 165.1405

(1) The waters of the Pacific Ocean
off Tinian between 14°59′04.9″ N,
145°34′58.6″ E to 14°59′20.1″ N, 145°35′41.5″
E to 14°59′09.8″ N, 145°36′02.1″ E to
14°57′49.3″ N, 145°36′28.7″ E to 14°57′29.1″
N, 145°35′31.1″ E and back to 14°59′04.9″
N, 145°34′58.6″ E. This zone will be enforced when one, or more, of the Maritime Preposition Ships is in the zone or
moored at Mooring A located at
14°58′57.0″ N and 145°35′40.8″ E or Mooring B located at 14°58′15.9″ N, 145°35′54.8″
E.
(2) Additionally, a 50-yard security
zone in all directions around Moorings
A and B will be enforced when no vessels are moored thereto but mooring
balls are anchored and on station.
NOTE TO § 165.1403(a): 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 § 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; COTP Guam 07–005, 72
FR 65460, Nov. 21, 2007]

§ 165.1404 Apra Harbor, Guam—security zone.

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(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°27′30.1″ N and 144°38′12.9″ 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 § 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]

§ 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°27′10″ N, 144°35′05″ E,
thence easterly to 13°27′17″ N, 144°37′27″
E, thence south westerly to 13°26′52″ N,
144°37′05″ E, thence westerly to 13°26′37″
N, 144°35′05″ 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°12′10″ N,
145°40′28″ E, thence north easterly to
15°14′08″ N, 145°42′00″ E, thence due east
to 15°14′08″ N, 145°44′02″ E, thence south
easterly to 15°13′54″ N, 144°44′20″ E,
thence south westerly along the shoreline to 15°13′11″ N, 145°43′01″ E, thence
south westerly to 15°12′10″ N, 145°40′28″
E.
(4) Cabras Island Channel, Guam—All
waters from surface to bottom of
Cabras Island Channel, Guam, beginning at point 13°27′34″ N, 144°39′39″ E
and extending south easterly to position 13°27′24″ N, 144°39′59″ E then heading easterly along the shoreline to position 13°27′31″ N, 144°40′22″ E then heading north to position 13°27′37″ N,
144°40′22″ 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,
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

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§ 165.1406

33 CFR Ch. I (7–1–09 Edition)

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]

§ 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°01.2′ N, 159°47.3′
W), (22°01.2′ N, 159°50.7′ W), (22°06.3′ N,
159°50.7′ W), (22°06.3′ N, 159°44.8′ 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]

§ 165.1407 Security Zones; Oahu, HI.
(a) Location. The following areas,
from the surface of the water to the

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Coast Guard, DHS

§ 165.1407

ocean floor, are security zones that are
activated and enforced subject to the
provisions of paragraphs (c) and (d). All
coordinates below are expressed in degrees, minutes, and tenths or hundredths of minutes.
(1) Honolulu Harbor. All waters of
Honolulu Harbor and Honolulu entrance channel commencing at a line
between entrance channel buoys no. 1
and no. 2, to a line between the fixed
day beacons no. 14 and no. 15 west of
Sand Island Bridge.
(2) Honolulu Harbor Anchorages B, C,
and D. All waters extending 100 yards
in all directions from each vessel in excess of 300 gross tons anchored in Honolulu Harbor Anchorage B, C, or D, as
defined in 33 CFR 110.235(a).
(3) Kalihi Channel and Keehi Lagoon,
Oahu. All waters of Kalihi Channel and
Keehi Lagoon beginning at Kalihi
Channel entrance buoy no. 1 and continuing along the general trend of
Kalihi Channel to day beacon no. 13,
thence continuing on a bearing of
332.5°T to shore, thence east and south
along the general trend of the shoreline
to day beacon no. 15, thence southeast
to day beacon no. 14, thence southeast
along the general trend of the shoreline
of Sand Island, to the southwest tip of
Sand Island at 21°18.0′ N/157°53.05′ W,
thence southwest on a bearing of 233°T
to Kalihi Channel entrance buoy no. 1.
(4) Honolulu International Airport—(i)
Honolulu International Airport, North
Section. All waters surrounding Honolulu
International
Airport
from
21°18.25′ N/157° 55.58° W, thence south to
21°18.0′ N/157° 55.58′ W, thence east to
the western edge of Kalihi Channel,
thence north along the western edge of
the channel to day beacon no. 13,
thence northwest at a bearing of
332.5°T to shore.
(ii) Honolulu International Airport,
South Section. All waters near Honolulu
International Airport from 21°18.0′ N/
157°55.58′ W, thence south to 21°16.5′ N/
157°55.58′ W, thence east to 21°16.5′ N/
157°54.0′ W (the extension of the western edge of Kalihi Channel), thence
north along the western edge of the
channel to Kalihi Channel buoy ‘‘5’’,
thence west to 21°18.0′ N/157°55.58′ W.
(5) Barbers Point Offshore Moorings.
All waters around the Tesoro Single
Point and the Chevron Conventional

Buoy Moorings beginning at 21°16.43′ N/
158°06.03′ W, thence northeast to
21°17.35′ N/158°3.95′ W, thence southeast
to 21°16.47′ N/ 158°03.5′ W, thence southwest to 21°15.53′ N/158°05.56′ W, thence
north to the beginning point.
(6) Barbers Point Harbor, Oahu. All
waters contained within the Barbers
Point Harbor, Oahu, enclosed by a line
drawn between Harbor Entrance Channel Light 6 and the jetty point day beacon at 21°19.5′ N/158°07.26′ W.
(7) Kahe Point, Oahu. All waters adjacent to the Hawaiian Electric Company
power plant at Kahe Point within 500
yards of 21° 21.30’ N/158′ 07.7° W (lighted
tower).
(b) Definitions. As used in this section, MARSEC Level 2 or Maritime Security Level 2 means, as defined in 33 CFR
101.105, the level for which appropriate
additional protective security measures shall be maintained for a period of
time as a result of heightened risk of a
transportation security incident.
(c) Regulations. (1) Under 33 CFR
165.33, entry into the security zones described in this section is prohibited unless authorized by the Coast Guard
Captain of the Port, Honolulu or his or
her designated representatives.
(2) Persons desiring to transit the
areas of the security zones may contact the Captain of the Port at Command Center telephone number (808)
842–2600 and (808) 842–2601, fax (808) 842–
2624 or on VHF channel 16 (156.8 Mhz)
to seek permission to transit the area.
Written requests may be submitted to
the Captain of Port, U.S. Coast Guard
Sector Honolulu, Sand Island Access
Road, Honolulu, Hawaii 96819, or faxed
to (808) 842–2622. If permission is granted, all persons and vessels must comply
with the instructions of the Captain of
the Port or his or her designated representatives. For all seaplane traffic
entering or transiting the security
zones, a seaplane’s compliance with all
Federal Aviation Administration regulations (14 CFR parts 91 and 99) regarding flight-plan approval is deemed adequate permission to transit the waterway security zones described in this
section.
(d) Notice of enforcement or suspension
of enforcement of security zones. (1) The
security zones described in paragraphs

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§ 165.1408

33 CFR Ch. I (7–1–09 Edition)

(a)(3) (Kalihi Channel and Keehi Lagoon, Oahu), (a)(4)(i) (Honolulu International Airport, North Section),
(a)(4)(ii) (Honolulu International Airport, South Section), (a)(6) (Barbers
Point Harbor, Oahu), and (a)(7) (Kahe
Point, Oahu) of this section, will be enforced only upon the occurrence of one
of the following events—
(i) Whenever the Maritime Security
(MARSEC) level, as defined in 33 CFR
part 101, is raised to 2 or higher; or
(ii) Whenever the Captain of the
Port, after considering all available
facts, determines that there is a
heightened risk of a transportation security incident or other serious maritime incident, including but not limited to any incident that may cause a
significant loss of life, environmental
damage, transportation system disruption, or economic disruption in a particular area.
(2) A notice will be published in the
FEDERAL REGISTER reporting when
events in paragraph (d)(1)(i) or (d)(1)(ii)
have occurred.
(3) The Captain of the Port of Honolulu will cause notice of the enforcement of the security zones listed in
paragraph (d)(1) of this section and notice of suspension of enforcement to be
made by appropriate means to affect
the widest publicity, including the use
of broadcast notice to mariners and
publication in the local notice to mariners.
(e) Informational notices. The Captain
of the Port will cause notice of the
presence of the security zones established in paragraph (a)(2) of this section, Honolulu Harbor Anchorages B,
C, and D, to be made by appropriate
means to affect the widest publicity,
including the use of broadcast notice to
mariners and publication in the local
notice to mariners.
(f) Enforcement. Any Coast Guard
commissioned, warrant, or petty officer, and any other Captain of the Port
representative permitted by law, may
enforce the rules in this section.
(g) Waiver. The Captain of the Port,
Honolulu may waive any of the requirements of this section for any vessel or class of vessels upon his or her
determination that application of this
section is unnecessary or impractical

for the purpose of port and maritime
security.
(h) Penalties. Vessels or persons violating this section are subject to the
penalties set forth in 33 U.S.C. 1232 and
50 U.S.C. 192.
[CGD14–04–116, 70 FR 75040, Dec. 19, 2005, as
amended by CGD 14–07–001, 72 FR 44777, Aug.
9, 2007; 72 FR 57863, Oct. 11, 2007; USCG–2009–
0416, 74 FR 27442, June 10, 2009]

§ 165.1408

Security Zones; Maui, HI.

(a) Location. The following areas,
from the surface of the water to the
ocean floor, are security zones that are
activated and enforced subject to the
provisions in paragraph (c):
(1) Kahului Harbor, Maui. All waters
extending 100 yards in all directions
from each large passenger vessel in
Kahului Harbor, Maui, HI or within 3
nautical miles seaward of the Kahului
Harbor
COLREGS
DEMARCATION
(See 33 CFR 80.1460). This is a moving
security zone when the LPV is in transit and becomes a fixed zone when the
LPV is anchored, position-keeping, or
moored.
(2) Lahaina, Maui. All waters extending 100 yards in all directions from
each large passenger vessel in Lahaina,
Maui, whenever the LPV is within 3
nautical miles of Lahaina Light (LLNR
28460). The security zone around each
LPV is activated and enforced whether
the LPV is underway, moored, position-keeping, or anchored, and will
continue in effect until such time as
the LPV departs Lahaina and the 3mile enforcement area.
(b) Definitions. As used in this section, large passenger vessel or LPV
means a cruise ship more than 300 feet
in length that carries passengers for
hire, and any passenger ferry more
than 300 feet in length that carries passengers for hire.
(c) Regulations. (1) Under 33 CFR
165.33, entry into the security zones
created by this section is prohibited
unless authorized by the Coast Guard
Captain of the Port, Honolulu or his or
her designated representatives. When
authorized passage through a large passenger vessel security zone, all vessels
must operate at the minimum speed
necessary to maintain a safe course
and must proceed as directed by the

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Captain of the Port or his or her designated representatives. No person is
allowed within 100 yards of an LPV
that is underway, moored, positionkeeping, or at anchor, unless authorized by the Captain of the Port or his
or her designated representative.
(2) When conditions permit, the Captain of the Port, or his or her designated representative, may permit
vessels that are at anchor, restricted in
their ability to maneuver, or constrained by draft to remain within an
LPV security zone in order to ensure
navigational safety.
(3) Persons desiring to transit the
areas of the security zones in this section may contact the Captain of the
Port at Command Center telephone
number (808) 842–2600 or on VHF channel 16 (156.8 Mhz) to seek permission to
transit the area. Written requests may
be submitted to the Captain of Port,
U.S. Coast Guard Sector Honolulu,
Sand Island Access Road, Honolulu,
Hawaii 96819, or faxed to (808) 842–2622.
If permission is granted, all persons
and vessels must comply with the instructions of the Captain of the Port or
his or her designated representatives.
For all seaplane traffic entering or
transiting the security zones, compliance with all Federal Aviation Administration regulations (14 CFR parts 91
and 99) regarding flight-plan approval
is deemed adequate permission to transit the waterway security zones described in this section.
(d) Enforcement. Any Coast Guard
commissioned, warrant, or petty officer, and any other Captain of the Port
representative permitted by law, may
enforce the rules in this section.
(e) Waiver. The Captain of the Port,
Honolulu may waive any of the requirements of this section for any vessel or class of vessels upon his or her
determination that application of this
section is unnecessary or impractical
for the purpose of port and maritime
security.
(f) Penalties. Vessels or persons violating this section are subject to the
penalties set forth in 33 U.S.C. 1232 and
50 U.S.C. 192.
[CGD14–04–116, 70 FR 75040, Dec. 19, 2005, as
amended by CGD 14–07–001, 72 FR 44777, Aug.
9, 2007]

§ 165.1409

Security Zones; Hawaii, HI.

(a) Location. The following areas,
from the surface of the water to the
ocean floor, are security zones that are
activated and enforced subject to the
provisions in paragraph (c):
(1) Hilo Harbor, Hawaii. All waters extending 100 yards in all directions from
each large passenger vessel in Hilo Harbor, Hawaii, HI or within 3 nautical
miles seaward of the Hilo Harbor
COLREGS DEMARCATION (See 33
CFR 80.1480). This is a moving security
zone when the LPV is in transit and becomes a fixed zone when the LPV is anchored, position-keeping, or moored.
(2) Kailua-Kona, Hawaii. All waters
extending 100 yards in all directions
from each large passenger vessel in
Kailua-Kona, Hawaii, whenever the
LPV is within 3 nautical miles of
Kukailimoku Point. The 100-yard security zone around each LPV is activated
and enforced whether the LPV is underway, moored, position-keeping, or
anchored and will continue in effect
until such time as the LPV departs
Kailua-Kona and the 3-mile enforcement area.
(3) Kawaihae Harbor, Hawaii. All waters extending 100 yards in all directions from each large passenger vessel
in Kawaihae Harbor, Hawaii, or within
3 nautical miles seaward of the
Kawaihae Harbor COLREGS DEMARCATION (See 33 CFR 80.1470). The 100yard security zone around each LPV is
activated and enforced whether the
LPV is underway, moored, positionkeeping, or anchored.
(b) Definitions. As used in this section, large passenger vessel or LPV
means a cruise ship more than 300 feet
in length that carries passengers for
hire, and any passenger ferry more
than 300 feet in length that carries passengers for hire.
(c) Regulations. (1) Under 33 CFR
165.33, entry into the security zones
created by this section is prohibited
unless authorized by the Coast Guard
Captain of the Port, Honolulu or his or
her designated representative. When
authorized passage through a large passenger vessel security zone, all vessels
must operate at the minimum speed
necessary to maintain a safe course
and must proceed as directed by the

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33 CFR Ch. I (7–1–09 Edition)

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Captain of the Port or his or her designated representatives. No person is
allowed within 100 yards of a large passenger vessel that is underway,
moored, position-keeping, or at anchor,
unless authorized by the Captain of the
Port or his or her designated representatives.
(2) When conditions permit, the Captain of the Port, or his or her designated representatives, may permit
vessels that are at anchor, restricted in
their ability to maneuver, or constrained by draft to remain within an
LPV security zone in order to ensure
navigational safety.
(3) Persons desiring to transit the
areas of the security zones in this section may contact the Captain of the
Port at Command Center telephone
number (808) 842–2600 or on VHF channel 16 (156.8 Mhz) to seek permission to
transit the area. Written requests may
be submitted to the Captain of Port,
U.S. Coast Guard Sector Honolulu,
Sand Island Access Road, Honolulu,
Hawaii 96819, or faxed to (808) 842–2622.
If permission is granted, all persons
and vessels must comply with the instructions of the Captain of the Port or
his or her designated representatives.
For all seaplane traffic entering or
transiting the security zones, compliance with all Federal Aviation Administration regulations (14 CFR parts 91
and 99) regarding flight-plan approval
is deemed adequate permission to transit the waterway security zones described in this section.
(d) Enforcement. Any Coast Guard
commissioned, warrant, or petty officer, and any other Captain of the Port
representative permitted by law, may
enforce the rules in this section.
(e) Waiver. The Captain of the Port,
Honolulu may waive any of the requirements of this section for any vessel or class of vessels upon his or her
determination that application of this
section is unnecessary or impractical
for the purpose of port and maritime
security.
(f) Penalties. Vessels or persons violating this section are subject to the
penalties set forth in 33 U.S.C. 1232 and
50 U.S.C. 192.
[CGD14–04–116, 70 FR 75041, Dec. 19, 2005, as
amended by CGD14–07–001, 72 FR 44777, Aug.
9, 2007]

§ 165.1410

Security Zones; Kauai, HI.

(a) Location. The following areas,
from the surface of the water to the
ocean floor, are security zones that are
activated and enforced subject to the
provisions in paragraph (c):
(1) Nawiliwili Harbor, Lihue, Kauai.
All waters extending 100 yards in all directions from each large passenger vessel in Nawiliwili Harbor, Kauai, HI or
within 3 nautical miles seaward of the
Nawiliwili Harbor COLREGS DEMARCATION (See 33 CFR 80.1450). This is a
moving security zone when the LPV is
in transit and becomes a fixed zone
when the LPV is anchored, positionkeeping, or moored.
(2) Port Allen, Kauai. All waters extending 100 yards in all directions from
each large passenger vessel in Port
Allen, Kauai, HI or within 3 nautical
miles seaward of the Port Allen
COLREGS DEMARCATION (See 33
CFR 80.1440). This is a moving security
zone when the LPV is in transit and becomes a fixed zone when the LPV is anchored, position-keeping, or moored.
(b) Definitions. As used in this section, large passenger vessel or LPV
means a cruise ship more than 300 feet
in length that carries passengers for
hire, and any passenger ferry more
than 300 feet in length that carries passengers for hire.
(c) Regulations. (1) Under 33 CFR
165.33, entry into the security zones
created by this section is prohibited
unless authorized by the Coast Guard
Captain of the Port, Honolulu or his or
her designated representative. When
authorized passage through an LPV security zone, all vessels must operate at
the minimum speed necessary to maintain a safe course and must proceed as
directed by the Captain of the Port or
his or her designated representative.
No person is allowed within 100 yards
of a large passenger vessel that is underway, moored, position-keeping, or
at anchor, unless authorized by the
Captain of the Port or his or her designated representative.
(2) When conditions permit, the Captain of the Port, or his or her designated representative, may permit
vessels that are at anchor, restricted in
their ability to maneuver, or constrained by draft to remain within an

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§ 165.1701

LPV security zone in order to ensure
navigational safety.
(3) Persons desiring to transit the
areas of the security zones may contact the Captain of the Port at Command Center telephone number (808)
842–2600 or on VHF channel 16 (156.8
Mhz) to seek permission to transit the
area. Written requests may be submitted to the Captain of Port, U.S.
Coast Guard Sector Honolulu, Sand Island Access Road, Honolulu, Hawaii
96819, or faxed to (808) 842–2622. If permission is granted, all persons and vessels must comply with the instructions
of the Captain of the Port or his or her
designated representatives. For all seaplane traffic entering or transiting the
security zones, compliance with all
Federal Aviation Administration regulations (14 CFR parts 91 and 99) regarding flight-plan approval is deemed adequate permission to transit the waterway security zones described in this
section.
(d) Enforcement. Any Coast Guard
commissioned, warrant, or petty officer, and any other Captain of the Port
representative permitted by law, may
enforce the rules in this section.
(e) Waiver. The Captain of the Port,
Honolulu may waive any of the requirements of this section for any vessel or class of vessels upon his or her
determination that application of this
section is unnecessary or impractical
for the purpose of port and maritime
security.
(f) Penalties. Vessels or persons violating this section are subject to the
penalties set forth in 33 U.S.C. 1232 and
50 U.S.C. 192.
[CGD14–04–116, 70 FR 75041, Dec. 19, 2005, as
amended by CGD14–07–001, 72 FR 44778, Aug.
9, 2007]

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§ 165.1411 Security zone; waters surrounding U.S. Forces vessel SBX–1,
HI.
(a) Location. The following area, in
U.S. navigable waters within the Honolulu Captain of the Port Zone (see 33
CFR 3.70–10), from the surface of the
water to the ocean floor, is a security
zone: All waters extending 500 yards in
all directions from U.S. Forces vessel
SBX–1. The security zone moves with
the SBX–1 while it is in transit and be-

comes fixed when the SBX–1 is anchored, position-keeping, or moored.
(b) Regulations. The general regulations governing security zones contained in 33 CFR 165.33 apply. Entry
into, transit through, or anchoring
within this zone while it is activated,
and thus subject to enforcement, is
prohibited unless authorized by the
Captain of the Port or a designated
representative thereof.
(c) Suspension of enforcement. The
Coast Guard will suspend enforcement
of the security zone described in this
section whenever the SBX–1 is within
the Honolulu Defensive Sea Area (see 6
FR 6675).
(d) Informational notice. The Captain
of the Port of Honolulu will cause notice of the enforcement of the security
zone described in this section to be
made by broadcast notice to mariners.
The SBX–1 is easy to recognize because
it contains a large white object shaped
like an egg supported by a platform
that is larger than a football field. The
platform in turn is supported by six
pillars similar to those on large oildrilling platforms.
(e) Authority to enforce. Any Coast
Guard commissioned, warrant, or petty
officer, and any other Captain of the
Port representative permitted by law,
may enforce the security zone described in this section.
(f) Waiver. The Captain of the Port
may waive any of the requirements of
this rule for any person, vessel, or class
of vessel upon finding that application
of the security zone is unnecessary or
impractical for the purpose of maritime security.
(g) Penalties. Vessels or persons violating this rule are subject to the penalties set forth in 33 U.S.C. 1232 and 50
U.S.C. 192.
[USCG–2007–0195, 73 FR 13131, Mar. 12, 2008]

SEVENTEENTH COAST GUARD DISTRICT
§ 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

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33 CFR Ch. I (7–1–09 Edition)

and the area within 200 yards of any
tank vessel maneuvering to approach,
moor, unmoor, or depart the TransAlaska Pipeline Valdez Terminal complex.
§ 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°17.9′ N, 134°24.8′ W, in the
direction of 140° True to Rock Dump
Lighted Buoy 2A (LLNR 3213) at position 58°17.2′ N, 134°23.8′ W; thence in the
direction of 003° True to a point at position 58°17.4′ N, 134°23.7′ 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]

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§ 165.1703 Ammunition
Valdez, Alaska.

Island,

Port

(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°07′28″ N, longitude 146°18′29″ 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 Mari-

ners and in the Local Valdez newspaper, 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]

§ 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°30′ W. and 147°20′ W. and includes Valdez Arm, Valdez Narrows,
and Port Valdez.
(b) Within the regulated navigation
area described in paragraph (a) of this
section, § 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° True from Tongue Point at
61°02′06″ N., 146°40′ W.; and southwest of
a line bearing 307° True from Entrance
Island Light at 61°05′06″ N., 146°36′42″ W.
(c) Regulations. In addition to the requirements set forth in § 161.13 and
§ 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.

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§ 165.1709

(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 § 161.20(b), unless
otherwise directed by the VTC.
(iii) Whenever a vessel’s AISSE becomes non-operational, as defined in
§ 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 § 161.60 and
required by § 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 § 161.60 and
required by § 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]

erowe on DSK5CLS3C1PROD with CFR

§ 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°17′41″ N, 134°24′22″ 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 § 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]

§ 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
barge located at 55°20′32″ N, 131°39′40″ 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 § 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]

§ 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 1000yard radius of the Liquefied Natural
Gas (LNG) tankers during their inbound and outbound transits through

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§ 165.1710

33 CFR Ch. I (7–1–09 Edition)

Cook Inlet, Alaska between the Phillips Petroleum LNG Pier, 60°40′43″ N
and 151°24′10″ W, and the Homer Pilot
Station at 59°34′86″ N and 151°25′74″ W.
On the inbound transit, this security
zone remains in effect until the tanker
is alongside the Phillips Petroleum
LNG Pier, 60°40′43″ N and 151°24′10″ W.
(2) All navigable waters within a 1000yard radius of the Liquefied Natural
Gas tankers while they are moored at
Phillips Petroleum LNG Pier, 60°40′43″
N and 151°24′10″ 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]

§ 165.1710 Port Valdez and Valdez Narrows,
Valdez,
Alaska—security
zones.
(a) Location. The following areas are
security zones:
(1) Trans-Alaska Pipeline (TAPS)
Valdez Terminal complex (Terminal),
Valdez, Alaska and TAPS tank vessels.
All waters enclosed within a line beginning on the southern shoreline of Port
Valdez at 61°05′03.6″ N, 146°25′42″ W;
thence northerly to yellow buoy at
61°06′00″ N, 146°25′42″ W; thence east to
the yellow buoy at 61°06′00″ N, 146°21′30″
W; thence south to 61°05′06″ N, 146°21′30″
W; thence west along the shoreline and
including the area 2000 yards inland
along the shoreline to the beginning
point.
(2) Tank vessel moving security zone.
All waters within 200 yards of any
TAPS 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 200 yards either side of the Valdez Narrows Tanker
Optimum Track line bounded by a line
beginning at 61°05′15″ N, 146°37′18″ W;
thence south west to 61°04′00″ N,
146°39′52″ W; thence southerly to
61°02′32.5″ N, 146°41′25″ W; thence north

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Coast Guard, DHS

§ 165.1711

west to 61°02′40.5″ N, 146°41′47″ W; thence
north east to 61°04′07.5″ N, 146°40′15″ W;
thence north east to 61°05′22″ N,
146°37′38″ W; thence south east back to
the starting point at 61°05′15″ N,
146°37′18″ W.
(b) Regulations. (1) The general regulations in 33 CFR 165.33 apply to the security zones described in paragraph (a)
of this section.
(2) Tank vessels transiting directly
to the TAPS terminal complex, engaged in the movement of oil from the
terminal or fuel to the terminal, and
vessels used to provide assistance or
support to the tank vessels directly
transiting to the terminal, or to the
terminal itself, and that have reported
their movements to the Vessel Traffic
Service, as required under 33 CFR part
161 and § 165.1704, may operate as necessary to ensure safe passage of tank
vessels to and from the terminal.
(3) All persons and vessels must comply with the instructions of the Coast
Guard Captain of the Port and the designated on-scene patrol personnel.
These personnel comprise commissioned, warrant, and petty officers of
the Coast Guard. Upon being hailed by
a vessel displaying a U.S. Coast Guard
ensign by siren, radio, flashing light, or
other means, the operator of the vessel
must proceed as directed. Coast Guard
Auxiliary and local or state agencies
may be present to inform vessel operators of the requirements of this section
and other applicable laws.

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[COTP Prince William Sound 02–011, 71 FR
2154, Jan. 13, 2006]

§ 165.1711 Security Zones; Waters of
the Seventeenth Coast Guard District
(a) Definitions. As used in this section—
Alaska Marine Highway System vessel
(‘‘AMHS vessel’’) means any vessel
owned or operated by the Alaska Marine Highway System, including, but
not limited to: M/V AURORA, M/V
CHENEGA, M/V COLUMBIA, M/V
FAIRWEATHER, M/V KENNICOTT, M/
V LECONTE, M/V LITUYA, M/V
MALASPINA, M/V MATANUSKA, M/V
TAKU, and the M/V TUSTUMENA.
Designated on Scene 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 3.85, to act on his or her behalf, or other Federal, State or local
law enforcement Officers designated by
the COTP.
Escorted HCPV or AMHS vessel means
a HCPV or AMHS vessel 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) State, Federal or local law enforcement assets displaying the applicable agency markings and or equipment associated with the agency.
Federal Law Enforcement Officer
means any Federal government law enforcement officer who has authority to
enforce federal criminal laws.
High
Capacity
Passenger
Vessel
(‘‘HCPV’’) means a passenger vessel
greater than 100 feet in length that is
authorized to carry more than 500 passengers for hire.
State law enforcement Officer means
any State or local government law enforcement officer who has authority to
enforce State or local criminal laws.
(b) Location. The following areas are
security zones: all waters within 100
yards around escorted High Capacity
Passenger Vessels or escorted Alaska
Marine Highway System vessels in the
navigable waters of the Seventeenth
Coast Guard District as defined in 33
CFR 3.85–1, from surface to bottom.
(c) Regulations. (1) No vessel may approach within 100 yards of an escorted
HCPV or escorted AMHS vessel during
their transits within the navigable waters of the Seventeenth Coast Guard
District.
(2) Moored or anchored vessels that
are overtaken by this moving zone
must remain stationary at their location until the escorted vessel maneuvers at least 100 yards away.
(3) The local Captain of the Port 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.

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§ 165.2010

33 CFR Ch. I (7–1–09 Edition)

(4) Persons desiring to transit within
100 yards of a moving, escorted HCPV
or AMHS vessel in the Seventeenth
Coast Guard District must contact the
designated on scene representative on
VHF channel 16 (156.800 MHz) or VHF
channel 13 (156.650 MHz) to receive permission.
(5) If permission is granted to transit
within 100 yards of an escorted HCPV
or AMHS vessel, all persons and vessels
must comply with the instructions of
the designated on scene representative.
(6) All commercial fishing vessels as
defined by 46 U.S.C. 2101(11a) while actively engaged in fishing are exempted
from the provisions of this section.
[CGD17–05–002, 71 FR 19123, Apr. 13, 2006]

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.

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§ 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.
§ 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 500yard regulated area of water sur-

rounding 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.
§ 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

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Coast Guard, DHS

§ 165.2030

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.
§ 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.

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NOTE TO § 165.2025 PARAGRAPH (a): The
boundaries of the U.S. Coast Guard Atlantic
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 § 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.

§ 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

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Pt. 166

33 CFR Ch. I (7–1–09 Edition)

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;
(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

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Subpart A—General
Sec.
166.100
166.103
166.105
166.110

Purpose.
Geographic coordinates.
Definitions.
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
§ 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]

§ 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]

§ 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]

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§ 166.200

§ 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]

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Subpart B—Designations of
Fairways and Fairway Anchorages
§ 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
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, provided 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 § 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 § 66.01.
(d)
Designated
Areas—(1)
Brazos
Santiago Pass Safety Fairway. The areas
between rhumb lines joining points at:
Latitude North
26°03′27″
26°02′57″
26°02′06″
25°58′54″

Longitude West

...............................
...............................
...............................
...............................

97°08′36″
97°07′11″
96°57′24″
96°19′00″

and rhumb lines joining points at:
Latitude North
26°04′27″
26°04′58″
26°04′12″
26°04′00″
26°00′54″

Longitude West

...............................
...............................
...............................
...............................
...............................

97°08′36″
97°07′07″
96°59′30″
96°57′24″
96°19′00″

(2) Brazos Santiago Pass Anchorage
Areas. The areas enclosed by rhumb
lines joining points at:
Latitude North
26°02′57″
26°02′06″
25°58′54″
25°58′54″
26°02′57″

Longitude West

...............................
...............................
...............................
...............................
...............................

97°07′11″
96°57′24″
96°57′24″
97°07′18″
97°07′11″

and rhumb lines joining points at:
Latitude North
26°04′58″
26°09′00″
26°09′00″
26°04′12″
26°04′58″

Longitude West

...............................
...............................
...............................
...............................
...............................

97°07′07″
97°07′00″
96°59′30″
96°59′30″
97°07′07″

835

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§ 166.200

33 CFR Ch. I (7–1–09 Edition)

(3) Port Mansfield Safety Fairway. The
area between a rhumb line joining
points at:
Latitude North

Longitude West

26°33′39″ ...............................
26°33′43″ ...............................

97°16′04″
97°14′38″

Latitude North
27°49′54″
27°45′22″
27°51′46″
27°53′36″
27°49′54″

Longitude West

...............................
...............................
...............................
...............................
...............................

96°59′56″
96°51′19″
96°40′12″
96°56′30″
96°59′56″

and rhumb lines joining points at:
and rhumb lines joining points at:
Latitude North

Latitude North

Longitude West

26°34′04″ ...............................
26°34′40″ ...............................
26°34′43″ ...............................

97°16′05″
97°15′47″
97°14′40″

(4) Aransas Pass Safety Fairway. The
area between rhumb lines joining
points at:

27°45′14″
27°43′00″
27°44′09″
27°45′14″

27°49′21″
27°48′11″
27°46′26″
27°45′14″
27°44′09″
27°42′47″
27°39′24″
27°21′59″

...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................

97°02′08″
97°01′06″
96°57′40″
96°55′26″
96°53′25″
96°51′39″
96°48′26″
96°11′42″

28°24′50″
28°22′16″
28°14′48″
28°11′24″
28°10′06″
27°38′02″

...............................
...............................
...............................
...............................
...............................
...............................

Latitude North

Longitude West

...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................

97°01′32″
96°59′56″
96°51′19″
96°48′31″
96°45′47″
96°27′46″
96°24′06″
96°07′56″

28°25′31″
28°23′38″
28°16′12″
28°12′30″
28°11′13″
27°38′12″

Latitude North

Longitude West

...............................
...............................
...............................
...............................
...............................

96°47′23″
96°34′01″
96°31′56″
96°46′51″
96°47′23″

Latitude North

erowe on DSK5CLS3C1PROD with CFR

27°33′06″
27°23′33″
27°24′19″
27°33′15″
27°33′06″

Longitude West

...............................
...............................
...............................
...............................
...............................

96°30′21″
96°10′12″
96°09′26″
96°28′16″
96°30′21″

(5) Aransas Pass Anchorage Areas. The
areas enclosed by rhumb lines joining
points at:

96°18′48″
96°16′00″
96°08′06″
96°04′12″
96°02′46″
95°47′19″

(7) Matagorda Entrance Anchorage
Areas. The areas enclosed by rhumb
lines joining points at:

28°22′16″
28°14′48″
28°12′42″
28°20′12″
28°22′16″

Longitude West

...............................
...............................
...............................
...............................
...............................

96°17′40″
96°09′42″
96°12′12″
96°20′12″
96°17′40″

and rhumb lines joining points at:
Latitude North
28°23′38″
28°25′36″
28°18′12″
28°16′12″
28°23′38″

and rhumb lines joining points at:

Longitude West

...............................
...............................
...............................
...............................
...............................
...............................

Latitude North

separated by areas enclosed by rhumb
lines joining points at:

96°19′38″
96°17′40″
96°09′42″
96°06′06″
96°04′42″
95°49′39″

with rhumb lines joining points at:
Latitude North

27°41′10″
27°34′50″
27°34′59″
27°42′03″
27°41′10″

Longitude West

Longitude West

and rhumb lines joining points at:

27°50′15″
27°49′54″
27°45′22″
27°44′35″
27°43′49″
27°35′17″
27°33′33″
27°25′53″

96°55′26″
96°55′27″
96°53′25″
96°55′26″

(6) Matagorda Entrance Safety Fairway. The areas between rhumb lines
joining points at:
Latitude North

Latitude North

Longitude West

...............................
...............................
...............................
...............................

Longitude West

...............................
...............................
...............................
...............................
...............................

96°16′00″
96°13′36″
96°05′36″
96°08′06″
96°16′00″

(8) Freeport Harbor Safety Fairway.
The area between rhumb lines joining
points at:
Latitude North

Longitude West

28°55′19″ ...............................
28°52′58″ ...............................

95°17′46″
95°16′06″

836

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Coast Guard, DHS
Latitude North

§ 166.200
Longitude West

28°44′52″ ...............................
28°43′32″ ...............................
28°04′48″ ...............................

Latitude North

95°07′43″
95°06′18″
94°26′12″

and rhumb lines joining points at:
Latitude North
28°55′59″
28°54′05″
28°45′58″
28°44′39″
28°07′46″

95°16′55″
95°14′10″
95°5′48″
95°04′22″
94°26′12″

(9) Freeport Harbor Anchorage Areas.
The areas enclosed by rhumb lines joining points at:
Latitude North
28°52′58″
28°44′52″
28°42′24″
28°51′30″
28°52′58″

Longitude West

...............................
...............................
...............................
...............................
...............................

95°16′06″
95°07′43″
95°12′00″
95°18′42″
95°16′06″

and rhumb lines joining points at:
Latitude North
28°54′05″
28°56′54″
28°47′42″
28°45′58″
28°54′05″

Longitude West

...............................
...............................
...............................
...............................
...............................

95°14′10″
95°09′18″
95°02′42″
95°05′48″
95°14′10″

(10) Galveston Entrance Safety Fairways. The areas between rhumb lines
joining points at:
Latitude North
27°44′03″
28°04′48″
28°07′46″
29°06′24″
29°07′42″
29°18′10″
29°19′39″
29°20′44″
29°19′23″
29°10′30″
29°10′17″
29°09′06″
28°17′17″

Longitude West

...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................

94°26′12″
94°26′12″
94°26′12″
94°26′12″
94°27′48″
94°39′16″
94°41′33″
94°40′44″
94°37′08″
94°22′54″
94°22′30″
94°20′36″
92°57′59″

and rhumb lines joining points at:
Latitude North
27°44′13″
29°06′24″
29°07′41″
28°11′57″

Latitude North
29°19′23″
29°22′18″
29°14′23″
29°13′24″
29°19′23″

Longitude West

...............................
...............................
...............................
...............................
...............................

94°37′08″
94°32′00″
94°25′53″
94°27′33″
94°37′08″

(12) Sabine Pass Safety Fairway. The
areas between rhumb lines joining
points at:
Latitude North
29°38′25″
29°35′19″
29°33′00″
29°32′03″
29°30′39″
29°28′30″
29°07′28″
28°17′17″
28°11′57″
27°51′58″

Longitude West

...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................

93°50′02″
93°49′10″
93°46′26″
93°46′44″
93°43′41″
93°41′09″
93°41′08″
92°57′59″
92°53′25″
92°36′20″

and rhumb lines joining points at:
Latitude North
29°38′48″
29°37′32″
29°36′28″
29°32′52″
29°31′13″
29°29′20″
29°08′08″
28°39′02″
28°36′15″
27°52′09″

Longitude West

...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................

93°48′59″
93°48′02″
93°47′14″
93°43′00″
93°41′04″
93°38′51″
93°38′52″
93°13′39″
93°11′15″
92°33′40″

(13) Sabine Pass Anchorage Areas—(i)
Sabine Pass Inshore Anchorage Area. The
area enclosed by rhumb lines joining
points at:
Latitude North
29°37′32″
29°37′32″
29°32′52″
29°36′28″

Longitude West

...............................
...............................
...............................
...............................

93°48′02″
93°21′25″
93°43′00″
93°47′14″

Longitude West

...............................
...............................
...............................
...............................

94°23′57″
94°23′55″
94°22′23″
92°53′25″

(ii) Sabine Bank Offshore (North) Anchorage Area. The area enclosed by
rhumb lines joining points at:
Latitude North

erowe on DSK5CLS3C1PROD with CFR

94°39′16″
94°28′12″
94°36′48″
94°45′12″
94°39′16″

and rhumb lines joining points at:

Longitude West

...............................
...............................
...............................
...............................
...............................

Longitude West

9°18′10″ .................................
29°08′04″ ...............................
29°03′13″ ...............................
29°14′48″ ...............................
29°18′10″ ...............................

(11) Galveston Entrance Anchorage
Areas. The areas enclosed by rhumb
lines joining points at:

Longitude West

29°26′06″ ...............................
29°26′06″ ...............................
29°24′06″ ...............................

93°43′00″
93°41′08″
93°41′08″

837

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§ 166.200

33 CFR Ch. I (7–1–09 Edition)

Latitude North

with rhumb lines joining points at:

Longitude West

29°24′06″ ...............................

93°43′00″

(iii) Sabine Bank Offshore (South) Anchorage Area. The area enclosed by
rhumb lines joining points at:
Latitude North
29°16′55″
29°16′55″
29°14′29″
29°14′29″

Longitude West

...............................
...............................
...............................
...............................

93°43′00″
93°41′08″
93°41′08″
93°43′00″

(iv) Sabine Bank Offshore (East) Anchorage Area. The area enclosed by
rhumb lines joining points at:
Latitude North
29°26′06″
29°26′06″
29°24′06″
29°24′06″

Longitude West

...............................
...............................
...............................
...............................

93°38′52″
93°37′00″
93°37′00″
93°38′52″

(14) Coastwise Safety Fairways—(i)
Brazos Santiago Pass to Aransas Pass.
The areas between rhumb lines joining
points at:
Latitude North

Longitude West

26°04′12″ ...............................
26°09′00″ ...............................
27°46′26″ ...............................

96°59′30″
96°59′30″
96°57′40″

and rhumb lines joining points at:
Latitude North
25°58′54″
26°02′06″
26°04′00″
27°40′36″
27°43′00″
27°45′14″

Longitude West

...............................
...............................
...............................
...............................
...............................
...............................

96°57′24″
96°57′24″
96°57′24″
96°55′30″
96°55′27″
96°55′26″

(ii) Aransas Pass to Calcasieu Pass.
The areas between rhumb lines joining
points at:

erowe on DSK5CLS3C1PROD with CFR

Latitude North
27°43′00″
27°44′09″
27°45′22″
27°51′46″
28°11′24″
28°12′30″
28°42′24″
28°44′52″
28°45′58″
28°47′42″
29°07′42″
29°10′17″
29°29′30″
29°32′03″
29°33′00″
29°32′52″
29°37′32″

Longitude West

...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................

96°55′27″
96°53′25″
96°51′19″
96°40′12″
96°06′06″
96°04′12″
95°12′00″
95°07′43″
95°05′48″
95°02′42″
94°27′48″
94°22′30″
93°58′24″
93°46′44″
93°46′26″
93°43′00″
93°21′25″

Latitude North
27°40′36″
27°42′47″
27°44′35″
28°10′06″
28°11′13″
28°43′32″
28°44′39″
29°06′24″
29°06′24″
29°07′41″
29°09′06″
29°27′40″
29°30′39″
29°31′13″
29°33′56″
29°32′57″

Longitude West

...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................

96°55′30″
96°51′39″
96°48′31″
96°04′42″
96°02′46″
95°06′18″
95°04′22″
94°26′12″
94°23′55″
94°22′23″
94°20′36″
93°57′18″
93°43′41″
93°41′04″
93°28′35″
93°17′00″

(15) Calcasieu Pass Safety Fairway.
The areas between rhumb lines joining
points at:
Latitude North
29°45′00″
29°40′56″
29°38′18″
29°37′32″
29°32′57″
29°31′08″
28°39′02″

Longitude West

...............................
...............................
...............................
...............................
...............................
...............................
...............................

93°20′58″
93°20′18″
93°20′42″
93°21′25″
93°17′00″
93°14′38″
93°13′39″

and rhumb lines joining points at:
Latitude North
29°45′05″
29°41′12″
29°37′30″
29°31′16″
28°36′15″

Longitude West

...............................
...............................
...............................
...............................
...............................

93°20′03″
93°19′37″
93°18′15″
93°12′16″
93°11′15″

(16) Calcasieu Pass Anchorage Areas—
(i) Calcasieu Pass North Anchorage Area.
The area enclosed by rhumb lines joining points at:
Latitude North
29°41′12″
29°41′12″
29°31′16″
29°37′30″

Longitude West

...............................
...............................
...............................
...............................

93°19′37″
93°12′28″
93°12′16″
93°18′15″

(ii) Calcasieu Pass South Anchorage
Area. The area enclosed by rhumb lines
joining points at:
Latitude North
28°59′30″
28°59′30″
28°56′00″
28°56′00″

Longitude West

...............................
...............................
...............................
...............................

93°16′30″
93°14′00″
93°14′00″
93°16′30″

(17) Lower Mud Lake Safety Fairway.
The area enclosed by rhumb lines joining points at:

838

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Coast Guard, DHS
Latitude North

§ 166.200
Longitude West

29°43′24″ ...............................
29°42′00″ ...............................

Latitude North

93°00′18″
93°00′18″

and rhumb lines joining points at:
Latitude North

and a line joining points at:
Latitude North

93°00′48″
93°00′48″

(18) Freshwater Bayou Safety Fairway.
The area between lines joining points
at:
Latitude North

Longitude West

...............................
...............................
...............................
...............................

92°18′45″
92°18′54″
92°19′14″
92°19′53″

and a line joining points at:
Latitude North
29°27′34″
29°31′03″
29°31′06″
29°31′55″

90°57′26″
90°58′10″
91°00′44″

Longitude West

29°43′33″ ...............................
29°42′00″ ...............................

29°31′59″
29°31′10″
29°31′13″
29°27′44″

Longitude West

29°10′59″ ...............................
29°05′24″ ...............................
29°01′08″ ...............................

Longitude West

...............................
...............................
...............................
...............................

90°59′43″
90°57′03″
90°56′27″

(22) Cat Island Pass Safety Fairway.
The area between lines joining points
at:
Latitude North
29°05′57″
29°04′56″
29°03′14″
29°03′14″
29°01′24″

Longitude West

...............................
...............................
...............................
...............................
...............................

90°34′32″
90°35′09″
90°35′10″
90°35′17″
90°34′55″

Latitude North
29°06′00″
29°05′31″
29°03′13″
29°03′13″
29°01′34″

Longitude West

...............................
...............................
...............................
...............................
...............................

90°34′21″
90°34′12″
90°34′13″
90°34′07″
90°33′47″

(23) Belle Pass Safety Fairway. The
area between a line joining points at:

Longitude West

29°34′48″ ...............................
29°30′48″ ...............................
29°23′30″ ...............................

29°00′40″ ...............................
29°05′06″ ...............................
29°09′46″ ...............................

and lines joining points at:

92°18′45″
92°18′06″
92°18′26″
92°18′17″

(19) Southwest Pass Safety Fairway.
The area between lines joining points
at:
Latitude North

Longitude West

92°03′12″
92°07′00″
92°08′24″

Latitude North

Longitude West

29°05′06″ ...............................
29°02′50″ ...............................

90°14′07″
90°14′46″

and lines joining points at:
Latitude North

and a line joining points at:

Longitude West

29°34′24″ ...............................
29°30′24″ ...............................
29°23′24″ ...............................

92°02′24″
92°06′12″
92°07′30″

(20) Atchafalaya Pass Safety Fairway.
The area between a line joining points
at:
Latitude North

Latitude North

91°23′28″
91°30′28″

and a line joining points at:
Latitude North

90°13′48″
90°13′10″

Longitude West

29°16′00″ ...............................
29°14′54″ ...............................

89°57′00″
89°55′48″

and a line joining points at:

Longitude West

29°14′05″ ...............................
29°21′59″ ...............................

Longitude West

(24) Barataria Pass Safety Fairway.
The area between a line joining points
at:

Longitude West

29°22′36″ ...............................
29°14′42″ ...............................

erowe on DSK5CLS3C1PROD with CFR

Latitude North
29°02′56″ ...............................
29°05′06″ ...............................

Latitude North

91°29′34″
91°22′34″

(21) Bayou Grand Caillou Safety Fairway. The area between a line joining
points at:

Longitude West

29°16′30″ ...............................
29°15′18″ ...............................

89°56′06″
89°55′00″

(25) Grand Bayou Pass Safety Fairway.
The areas between a line joining points
at:

839

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217131

§ 166.200

33 CFR Ch. I (7–1–09 Edition)

Latitude North

Longitude West

29°17′36″ ...............................
29°16′48″ ...............................

Latitude North

89°41′36″
89°42′12″

and a line joining points at:
Latitude North

Longitude West

29°17′18″ ...............................
29°16′18″ ...............................

89°40′36″
89°41′18″

(26) Empire to the Gulf Safety Fairway.
The area between a line joining points
at:
Latitude North

Longitude West

29°15′22″ ...............................
29°13′52″ ...............................

89°36′55″
89°37′15″

and a line joining points at:
Latitude North

Latitude North
28°54′33″
28°52′42″
28°50′00″
28°47′24″
28°36′28″

Longitude West
96°30′21″
96°28′16″
96°24′06″
90°08′18″

28°54′18″
28°53′30″
28°53′30″
28°50′40″
28°48′48″
28°45′06″
28°43′27″
28°37′54″

27°34′50″
27°34′59″
27°35′17″
27°38′02″
27°38′12″
27°44′03″
27°44′13″
27°51′58″
27°52′09″
28°02′32″

96°34′01″
96°31′56″
96°27′46″
95°49′39″
95°47′19″
94°26′12″
94°23′57″
92°36′20″
92°33′40″
90°09′28″

(28) Southwest Pass (Mississippi River)
Safety Fairway—(i) Southwest Pass (Mississippi River) to Gulf Safety Fairway.
The area enclosed by rhumb lines joining points at:

erowe on DSK5CLS3C1PROD with CFR

Latitude North
28°54′33″
28°52′42″
28°50′00″
28°02′32″

Longitude West

...............................
...............................
...............................
...............................

Longitude West
89°25′46″
89°25′18″
89°23′48″
89°24′48″
89°24′48″
89°22′12″
89°21′01″
89°17′06″

(iii) Southwest Pass (Mississippi River)
to South Pass (Mississippi River) Safety
Fairway. The areas between rhumb line
joining points at:
Longitude West

28°45′06″ ...............................
28°55′56″ ...............................

Longitude West

...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................

89°26′07″
89°27′06″
89°27′06″
89°26′30″
89°18′45″

...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................

Latitude North

and rhumb lines joining points at:
Latitude North

Longitude West

...............................
...............................
...............................
...............................
...............................

Latitude North

89°36′11″
89°35′51″

...............................
...............................
...............................
...............................

89°25′46″
89°25′18″
89°23′48″
89°24′48″
89°24′48″
89°26′30″
90°08′18″

and rhumb lines joining points at:

(27) Gulf Safety Fairway. Aransas Pass
Safety Fairway to Southwest Pass Safety
Fairway. The areas between rhumb
lines joining points at:
Latitude North

Longitude West

...............................
...............................
...............................
...............................
...............................
...............................
...............................

(ii) Southwest Pass (Mississippi River)
to Sea Safety Fairway. The area enclosed by rhumb lines joining points at:

Longitude West

29°13′24″ ...............................
29°14′54″ ...............................

27°33′06″
27°33′15″
27°33′33″
28°00′36″

28°54′18″
28°53′30″
28°53′30″
28°50′40″
28°48′48″
28°47′24″
28°00′36″

89°26′07″
89°27′06″
89°27′06″
90°09′28″

and rhumb lines joining points at:

89°22′12″
89°03′09″

and rhumb lines joining points at:
Latitude North

Longitude West

28°43′27″ ...............................
28°54′55″ ...............................

89°21′01″
89°00′44″

(29) Southwest Pass (Mississippi River)
Anchorage. The area enclosed by rhumb
lines joining points at:
Latitude North
28°53′30″
28°53′30″
28°55′06″
28°55′06″
28°52′41″
28°50′40″
28°50′40″

Longitude West

...............................
...............................
...............................
...............................
...............................
...............................
...............................

89°23′48″
89°21′48″
89°21′48″
89°19′18″
89°17′30″
89°21′14″
89°24′48″

(30) South Pass (Mississippi River) Safety Fairway—(i) South Pass to Sea Safety
Fairway. The areas between rhumb
lines joining points at:

840

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Coast Guard, DHS
Latitude North
28°59′18″
28°58′42″
28°58′09″
28°55′56″
28°54′55″
28°54′15″

§ 166.200
Longitude West

...............................
...............................
...............................
...............................
...............................
...............................

Latitude North

89°08′30″
89°07′30″
89°08′30″
89°03′09″
89°00′44″
88°59′00″

Longitude West

29°26′38″ ...............................

88°58′43″

(ii) Mississippi River-Gulf Outlet Channel to Mobile Ship Channel Safety Fairway. The areas within rhumb lines
joining points at:

and rhumb lines joining points at:
Latitude North
Latitude North

Longitude West

East jetty light:
28°59′24″ ........................
29°00′09″ ........................
29°00′00″ ........................
28°57′56″ ........................
28°57′18″ ........................
28°56′16″ ........................
28°55′42″ ........................

89°08′12″
89°07′24″
89°07′00″
89°02′18″
89°00′48″
88°58′29″
88°57′06″

(ii) South Pass (Mississippi River) to
Mississippi River-Gulf Outlet Channel
Safety Fairway. The areas between
rhumb lines joining points at:
Latitude North

Longitude West

28°57′18″ ...............................
29°04′18″ ...............................
29°24′35″ ...............................

89°00′48″
88°48′31″
88°57′17″

and rhumb lines joining points at:
Latitude North
28°56′16″
29°03′30″
29°23′06″
29°26′28″

...............................
...............................
...............................
...............................

Latitude North

Longitude West
89°07′00″
89°02′18″
89°02′18″

(32) Mississippi River-Gulf Outlet Safety
Fairway. (i) The areas between rhumb
lines joining points at:
Latitude North
...............................
...............................
...............................
...............................
...............................

Latitude North

29°27′01″
29°32′12″
29°29′57″
29°26′38″

88°55′39″
88°53′54″
88°42′28″
88°19′15″
88°17′30″
88°08′01″
88°06′05″

Longitude West

...............................
...............................
...............................
...............................

89°01′54″
88°55′42″
88°54′48″
88°58′43″

(ii) The areas within rhumb lines
joining points at:
Latitude North
29°26′28″
29°27′54″
29°24′33″
29°23′06″

Longitude West

...............................
...............................
...............................
...............................

(34) Gulfport
areas between
points at:

30°20′54″
30°13′56″
30°11′09″
30°06′45″
30°05′42″

88°55′39″
88°53′54″
88°52′27″
88°54′11″

Safety Fairway. The
rhumb lines joining
Longitude West

...............................
...............................
...............................
...............................
...............................

89°05′36″
88°59′42″
88°59′56″
88°56′24″
88°56′24″

and rhumb lines joining points at:
Latitude North

Longitude West

29°42′29″ ...............................
29°29′53″ ...............................
29°27′01″ ...............................

Longitude West

...............................
...............................
...............................
...............................
...............................
...............................
...............................

Latitude North

89°25′49″
89°07′47″
89°03′20″
89°00′00″
88°57′17″

88°58′43″
88°54′48″
88°44′04″
88°20′50″
88°19′05″
88°09′19″

(33) Mississippi River-Gulf Outlet Anchorage. (i) The areas within rhumb
lines joining points at:

Longitude West

and rhumb lines joining points at:
erowe on DSK5CLS3C1PROD with CFR

Latitude North
29°26′28″
29°27′54″
29°37′32″
29°55′14″
29°56′34″
30°03′50″
30°05′15″

Latitude North

88°58′29″
88°45′42″
88°54′11″
88°55′39″

29°00′00″ ...............................
29°03′36″ ...............................
28°57′56″ ...............................

Longitude West

...............................
...............................
...............................
...............................
...............................
...............................

and rhumb lines joining points at:

Longitude West

(31) South Pass (Mississippi River) Anchorage. The areas within rhumb lines
joining points at:

29°42′10″
29°29′33″
29°27′14″
29°24′38″
29°24′35″

29°26′38″
29°29′57″
29°38′59″
29°56′43″
29°58′03″
30°05′29″

89°25′31″
89°07′31″
89°01′54″

Longitude West

30°21′27″ ...............................
30°14′11″ ...............................
30°11′29″ ...............................

89°04′38″
88°58′29″
88°58′45″

841

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09:19 Aug 25, 2009

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§ 166.200

33 CFR Ch. I (7–1–09 Edition)

Latitude North

Longitude West

30°07′42″ ...............................

Latitude North

88°55′37″

(35) Biloxi Safety Fairway. The area
between lines joining points at:
Latitude North
30°24′06″
30°23′15″
30°21′11″
30°20′13″
30°15′06″
30°13′09″
30°12′23″

Latitude North

88°50′57″
88°50′22″
88°47′36″
88°47′04″
88°47′06″
88°47′46″
88°49′02″

188°31′25″
188°31′25″

and rhumb lines joining points at:

Longitude West

...............................
...............................
...............................
...............................
...............................
...............................
...............................

Longitude West

30°20′26″ ...............................
30°18′39″ ...............................

30°19′21″
30°17′25″
30°12′46″
30°11′21″
30°09′33″
30°07′30″
29°58′03″
29°56′34″
29°20′48″

Longitude West

...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................

88°30′12″
88°30′12″
88°29′42″
88°31′00″
88°29′48″
88°29′09″
88°19′05″
88°17′30″
87°39′31″

and lines joining points at:
Latitude North
30°24′27″
30°23′57″
30°21′42″
30°20′25″
30°14′57″
30°12′56″
30°12′00″

Longitude West

...............................
...............................
...............................
...............................
...............................
...............................
...............................

88°50′31″
88°49′31″
88°46′36″
88°45′55″
88°45′57″
88°46′39″
88°45′25″

(36) Ship Island Pass to Horn Island
Pass Safety Fairway. The areas between
rhumb line joining points at:
Latitude North

Longitude West

30°05′42″ ...............................
30°06′38″ ...............................

88°56′24″
88°31′26″

(38) Horn Island Pass to Mobile Ship
Channel Safety Fairway. The areas between rhumb line joining points at:
Latitude North

Latitude North

30°07′42″ ...............................
30°08′27″ ...............................

88°55′37″
88°36′57″

(37) Pascagoula Safety Fairway. The
areas between rhumb lines joining
points at:
Latitude North
30°20′46″
30°20′21″
30°17′00″
30°12′59″
30°11′50″
30°08′27″
30°06′38″
29°56′43″
29°55′14″
29°20′00″

Longitude West

...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................

88°34′39″
88°34′39″
88°31′21″
88°30′53″
88°32′05″
88°36′57″
88°31′26″
88°20′50″
88°19′15″
87°41′47″

erowe on DSK5CLS3C1PROD with CFR

Latitude North

Longitude West

30°20′30″ ...............................
30°18′39″ ...............................

88°33′18″
88°31′25″

and rhumb line joining points at:

88°29′09″
88°09′19″

(39) Mobile Safety Fairway—(i) Mobile
Ship Channel Safety Fairway. The areas
between rhumb lines joining points at:

30°38′46″
30°38′14″
30°31′59″
30°31′59″

Longitude West

...............................
...............................
...............................
...............................

88°03′24″
88°02′42″
88°02′00″
88°04′59″

and rhumb lines joining points at:
Latitude North
30°31′00″
30°31′00″
30°26′55″
30°16′35″
30°14′09″
30°10′36″
30°08′10″
30°07′15″

Longitude West

...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................

88°05′30″
88°01′54″
88°01′26″
88°02′45″
88°03′24″
88°03′53″
88°04′40″
88°06′54″

and rhumb lines joining points at:
Latitude North

and rhumb line joining points at:

Longitude West

30°07′30″ ...............................
30°05′29″ ...............................

Latitude North

Longitude West

88°29′48″
88°06′54″

and rhumb line joining points at:

and rhumb line joining points at:
Latitude North

Longitude West

30°09′33″ ...............................
30°07′15″ ...............................

30°39′55″
30°37′06″
30°26′11″
30°16′18″
30°13′52″
30°13′14″
30°10′36″
30°08′04″

Longitude West

...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................

88°01′15″
88°01′23″
88°00′11″
88°01′35″
88°01′12″
88°01′12″
88°01′35″
88°00′36″

842

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217131

Coast Guard, DHS

§ 166.200

(ii) Mobile Ship Channel to Sea Safety
Fairway. The areas between rhumb
lines joining points at:
Latitude North

88°01′13″
88°00′00″
87°29′13″

and rhumb line joining points at:
Latitude North

Longitude West

30°06′17″ ...............................
29°27′00″ ...............................

87°59′15″
87°27′18″

(iii) Mobile to Pensacola Safety Fairway. The areas between rhumb line
joining points at:
Latitude North

Longitude West

30°08′04″ ...............................
30°14′20″ ...............................

88°00′36″
87°19′05″

and rhumb line joining points at:

Latitude North
30°24′36″
30°22′57″
30°22′36″
30°19′21″
30°19′52″

87°59′15″
87°18′00″

(40) Mobile Anchorage. The areas within rhumb lines joining points at:
Latitude North

Longitude West

...............................
...............................
...............................
...............................

88°06′05″
88°01′13″
88°00′00″
88°08′01″

(41) Pensacola Safety Fairway. The
areas between rhumb lines joining
points at:
Latitude North
30°23′41″
30°23′06″
30°22′54″
30°20′47″

Longitude West

...............................
...............................
...............................
...............................

87°14′34″
87°13′53″
87°13′53″
87°15′45″

and rhumb lines joining points at:
Latitude North
30°18′43″
30°15′57″
30°14′20″
30°12′31″
30°10′03″
29°37′00″

Longitude West
87°07′07″
87°09′38″
87°11′50″
87°14′46″
87°17′31″

and rhumb lines joining points at:
Latitude North
30°19′15″
30°16′28″
30°14′32″
30°12′33″
29°42′30″

Longitude West

...............................
...............................
...............................
...............................
...............................

87°17′37″
87°16′32″
87°16′06″
87°15′43″
87°15′43″

(42) Pensacola Anchorage. (i) The area
within rhumb lines joining points at:
Longitude West

Longitude West

30°06′17″ ...............................
30°12′31″ ...............................

30°05′15″
30°05′15″
30°03′50″
30°03′50″

87°10′30″

...............................
...............................
...............................
...............................
...............................

Latitude North
Latitude North

Longitude West

and rhumb lines joining points at:

Longitude West

30°05′15″ ...............................
30°03′50″ ...............................
29°25′46″ ...............................

Latitude North
30°25′35″ ...............................

30°11′49″
30°12′31″
30°10′03″
30°09′21″

...............................
...............................
...............................
...............................

87°22′41″
87°18′00″
87°18′00″
87°22′41″

(ii) The area within rhumb lines joining points at:
Latitude North
30°16′28″
30°17′14″
30°15′14″
30°14′32″

Longitude West

...............................
...............................
...............................
...............................

87°16′32″
87°11′52″
87°11′52″
87°16′06″

(43) Pensacola to Panama City Safety
Fairway. The area between rhumb lines
joining points at:
Latitude North
30°14′32″
30°15′14″
30°18′45″
30°18′00″
29°51′30″

Longitude West

...............................
...............................
...............................
...............................
...............................

87°16′06″
87°11′52″
86°50′00″
86°20′00″
85°47′33″

Longitude West

...............................
...............................
...............................
...............................
...............................
...............................

87°19′24″
87°18′19″
87°19′05″
87°18′00″
87°18′00″
87°18′00″

and rhumb lines joining points at:
Latitude West
30°12′33″
30°16′44″
30°16′01″
29°48′45″

Longitude West

...............................
...............................
...............................
...............................

87°15′43″
86°49′49″
86°20′57″
85°47′33″

erowe on DSK5CLS3C1PROD with CFR

and rhumb lines joining points at:
Latitude North

Longitude West

30°26′27″ ...............................

87°08′28″

(44) Panama City Safety Fairways. The
areas between rhumb lines joining
points at:

843

VerDate Nov<24>2008

09:19 Aug 25, 2009

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Fmt 8010

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217131

§ 166.200

33 CFR Ch. I (7–1–09 Edition)

Latitude North
30°09′24″
30°09′21″
30°07′36″
30°06′32″
29°51′30″
29°48′45″
29°03′30″

Longitude West

...............................
...............................
...............................
...............................
...............................
...............................
...............................

85°40′12″
85°41′40″
85°44′20″
85°47′33″
85°47′33″
85°47′33″
85°47′33″

and rhumb lines joining points at:
Latitude North
30°08′34″
30°07′55″
30°06′49″
30°04′40″
29°55′27″
29°51′20″
29°49′19″
29°00′00″

...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................

Latitude North

27°37′48″
27°36′48″
27°36′48″
27°36′48″

27°35′54″
27°34′48″
27°34′48″
27°34′48″

Longitude West
85°19′24″
85°22′25″
85°22′25″
85°24′00″
85°25′55″
85°28′43″
85°29′48″
85°42′25″
85°45′15″

Longitude West

...............................
...............................
...............................
...............................

Latitude North

85°45′15″
85°42′25″
85°42′25″
85°45′15″

...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................

82°45′54″
82°55′54″
83°00′00″
84°39′10″

82°45′42″
82°55′54″
83°00′00″
84°39′00″

(49) Tampa Anchorages—(i) Eastern
Tampa Fairway Anchorage. The area enclosed by rhumb lines [North American
Datum of 1927 (NAD–27)] joining points
at:

Longitude West

Latitude North

...............................
...............................
...............................
...............................

Latitude North

85°40′16″
85°41′50″
85°43′28″
85°45′15″
85°45′15″
85°45′15″
85°45′15″
85°45′15″

...............................
...............................
...............................
...............................

Longitude West

and rhumb lines joining points at:

(46) Port St. Joe Fairway to Panama
City Fairway. The area between rhumb
lines joining points at:

29°49′54″
29°50′59″
29°53′32″
29°54′12″
29°54′12″
29°52′58″
29°53′00″
29°51′39″
29°51′20″

Latitude North

Longitude West

(45) Panama City Anchorage. The area
within rhumb lines joining points at:

29°55′27″
29°55′27″
29°51′39″
29°51′20″

(48) Tampa Safety Fairways. The area
between rhumb lines joining points at:

27°36′48″
27°39′00″
27°39′00″
27°36′48″

Longitude West

...............................
...............................
...............................
...............................

83°00′00″
83°00′00″
82°55′54″
82°55′54″

(ii) Western Tampa Fairway Anchorage. The area enclosed by rhumb lines
[North American Datum of 1927 (NAD–
27)] joining points at:
Latitude North
27°36′48″
27°39′00″
27°39′00″
27°36′48″

Longitude West

...............................
...............................
...............................
...............................

83°05′06″
83°05′06″
83°01′00″
83°01′00″

(50) Charlotte Safety Fairways. The
area between rhumb lines joining
points at:

and rhumb lines joining points at:
Latitude North
Latitude North
29°48′22″
29°47′21″
29°50′42″
29°52′51″
29°53′10″
29°53′10″
29°51′57″
29°51′04″
29°50′40″
29°49′19″

Longitude West

...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................

85°18′12″
85°21′00″
85°23′31″
85°23′36″
85°24′18″
85°25′33″
85°28′19″
85°29′00″
85°32′39″
85°45′15″

(47) Port St. Joe Anchorage. The area
within rhumb lines joining points at:

erowe on DSK5CLS3C1PROD with CFR

Latitude North

Latitude North
26°40′19″
26°38′30″
26°39′00″
25°28′00″

Longitude West

...............................
...............................
...............................
...............................

82°18′28″
82°19′54″
82°19′00″
84°21′30″

(51) Charlotte Anchorage. The area
within rhumb lines joining points at:
Latitude North

85°32′39″
85°29′00″
85°30′18″

82°19′00″
84°22′00″

and rhumb lines joining points at:

Longitude West

29°50′40″ ...............................
29°51′04″ ...............................
29°49′18″ ...............................

Longitude West

26°41′18″ ...............................
25°30′00″ ...............................

Longitude West

26°39′00″ ...............................
26°38′12″ ...............................
26°37′36″ ...............................

82°19′00″
82°18′24″
82°19′18″

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Coast Guard, DHS
Latitude North

§ 166.400
Longitude West

26°38′30″ ...............................

82°19′54″

(52) Louisiana Offshore Oil Port
(LOOP) Shipping Safety Fairway to Safety Zone—(i) North of Gulf Safety Fairway. The two mile wide area enclosed
by rhumb lines joining points at:
Latitude North
28°48′36″
28°48′14″
28°45′47″
28°36′06″
28°18′30″
28°20′58″
28°36′09″
28°49′07″
28°50′20″

Longitude West

...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................

89°55′00″
89°54′17″
89°54′19″
89°55′44″
89°55′15″
89°53′03″
89°53′28″
89°51′30″
89°53′51″

at the 3-mile limit, all between lines
joining the following points:
Latitude

Longitude

34°06′30″ N
34°07′37″ N
34°08′49″ N

119°15′00″ W
119°14′25″ W
119°13′21″ W

thence generally along the
curve to the seaward end of
trance jetty; seaward end of
trance jetty, thence generally
foot-depth curve to:

30-foot-depth
the west enthe east enalong the 30-

Latitude

Longitude

34°08′21″ N
34°07′10″ N
34°05′48″ N

119°12′15″ W
119°13′20″ W
119°13′23″ W

(2) [Reserved]
(ii) South of Gulf Safety Fairway. The
two-mile-wide area enclosed by rhumb
lines joining points at:
Latitude North
28°15′20″
27°46′29″
27°46′32″
28°17′48″

Longitude West

...............................
...............................
...............................
...............................

89°55′10″
89°54′23″
89°52′08″
89°52′58″

(53) Heald Bank Cutoff Safety Fairway.
The area enclosed by rhumb lines
[North American Datum of 1927 (NAD–
27)], joining points at:
Latitude North
28°57′15″
28°51′30″
28°48′30″
28°55′15″

Longitude West

...............................
...............................
...............................
...............................

[CGD 82–101, 48 FR 49019, Oct. 24, 1983]

§ 166.400 Areas along the coast of Alaska.
(a) Purpose. Fairways, as described in
this section, are established to control
the erection of structures therein to
provide safe vessel routes along the
coast of Alaska.
(b) Designated Areas—(1) Prince William
Sound
Safety
Fairway.
(i)
Hinchinbrook Entrance Safety Fairway.
The area enclosed by rhumb lines joining points at:
Latitude

94°23′55″
93°56′30″
93°51′45″
94°23′55″

59°59′00″
60°13′18″
60°11′24″
59°55′00″

Longitude
N
N
N
N

145°27′24″
146°38′06″
146°47′00″
145°42′00″

W
W
W
W

[CGD 81–040, 47 FR 20581, May 13, 1982]

erowe on DSK5CLS3C1PROD with CFR

EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 166.200, see the List of CFR
Sections Affected, which appears in the
printed volume and on GPO Access.

§ 166.300 Areas along the coast of California.
(a) Purpose. Fairways as described in
this section are established to control
the erection of structures therein to
provide safe vessel routes along the
coast of California.
(b) Designated Areas—(1) Port Hueneme
Safety Fairway. An area one nautical
mile in width centered on the alinement of Port Hueneme Entrance Channel and extending seaward from the 30foot-depth curve for a distance of 1.5
nautical miles, thence turning southerly and widening to 1.5 nautical miles

(ii) Gulf to Hinchinbrook Safety Fairway (recommended for inbound vessel
traffic). The area enclosed by rhumb
lines joining points at:
Latitude
59°15′42″
59°59′00″
59°58′00″
59°14′18″

Longitude
N
N
N
N

144°02′07″
145°27′24″
145°32′12″
144°04′53″

(iii) Hinchinbrook to Gulf Safety Fairway (recommended for outbound vessel
traffic). The area enclosed by rhumb
lines joining points at:
Latitude
59°15′41″
59°56′00″
59°55′00″
59°14′19″

Longitude
N
N
N
N

144°23′35″
145°37′39″
145°42′00″
144°26′25″

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§ 166.500

33 CFR Ch. I (7–1–09 Edition)

(2) Unimak Pass Safety Fairway. (i)
East/West Safety Fairway. The area enclosed by rhumb lines joining points at:
Latitude
54°25′58″
54°22′50″
54°22′10″
54°07′58″
54°04′02″
54°22′02″

PART 167—OFFSHORE TRAFFIC
SEPARATION SCHEMES

Longitude
N
N
N
N
N
N

165°42′24″
165°06′54″
164°59′29″
162°19′25″
162°20′35″
165°43′36″

W
W
W
W
W
W

Subpart A—General

(ii) North/South Safety Fairway. The
area enclosed by rhumb lines joining
points at:
Latitude
54°42′28″
54°43′32″
54°22′50″
54°22′10″

Longitude
N
N
N
N

165°16′19″
165°09′41″
165°06′54″
164°59′29″

W
W
W
W

§ 166.500 Areas
Coast.

along

the

Atlantic

(a) Purpose. Fairways, as described in
this section are established to control
the erection of structures therein to
provide safe vessel routes along the Atlantic Coast.
(b) Designated Areas—(1) Off New York
Shipping Safety Fairway. (i) Ambrose to
Nantucket Safety Fairway. The area
enclosed by rhumb lines, [North American Datum of 1927 (NAD–27)] joining
points at:
Latitude

Longitude
N
N
N
N
N
N
N
N

73°04′57″
72°58′25″
70°19′23″
70°14′09″
70°14′00″
70°19′19″
72°58′25″
73°04′57″

W
W
W
W
W
W
W
W

erowe on DSK5CLS3C1PROD with CFR

Latitude

Longitude
N
N
N
N
N
N
N
N
N

89°26′07″
73°04′58″
72°58′26″
70°19′09″
70°13′46″
70°13′36″
70°19′05″
72°58′26″
73°04′58″

Subpart B—Description of Traffic Separation Schemes and Precautionary Areas
167.150 Off New York Traffic Separation
Scheme: General.
167.151 Off New York: Precautionary areas.
167.152 Off New York: Eastern approach, off
Nantucket.
167.153 Off New York: Eastern approach, off
Ambrose Light.
167.154 Off New York: South-eastern approach.
167.155 Off New York: Southern approach.
167.170 Off Delaware Bay Approach Traffic
Separation Scheme: General.
167.171 Off Delaware Bay: Eastern approach.
167.172 Off Delaware Bay: Southeastern approach.
167.173 Off Delaware Bay: Two-Way Traffic
Route.
167.174 Off Delaware Bay: Precautionary
area.
167.200 In the approaches to Chesapeake
Bay Traffic Separation Scheme: General.
167.201 In the approaches to Chesapeake
Bay: Precautionary area.
167.202 In the approaches to Chesapeake
Bay: Eastern approach.
167.203 In the approaches to Chesapeake
Bay: Southern approach.
ATLANTIC GULF COAST

(ii) Nantucket to Ambrose Safety Fairway. The area enclosed by rhumb lines,
NAD–27, joining point at:

28°54′33″
40°24′20″
40°22′58″
40°26′07″
40°27′37″
40°22′37″
40°24′07″
40°20′58″
40°19′20″

Sec.
167.1 Purpose.
167.3 Geographic coordinates.
167.5 Definitions.
167.10 Operating rules.
167.15 Modification of schemes.

ATLANTIC EAST COAST

[CGD 81–103, 51 FR 43349, Dec. 2, 1986]

40°32′20″
40°30′58″
40°34′07″
40°35′37″
40°30′37″
40°32′07″
40°28′58″
40°27′20″

[CGD 84–004, 52 FR 33589, Sept. 4, 1987; 52 FR
36248, Sept. 28, 1987]

W
W
W
W
W
W
W
W
W

167.350 In the approaches to Galveston Bay
Traffic Separation Scheme and precautionary areas.
PACIFIC WEST COAST
167.400 Off San Francisco Traffic Separation
Scheme: General.
167.401 Off San Francisco: Precautionary
area.
167.402 Off San Francisco: Northern approach.
167.403 Off San Francisco: Southern approach.
167.404 Off San Francisco: Western approach.
167.405 Off San Francisco: Main ship channel.

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Coast Guard, DHS

§ 167.15

167.406 Off San Francisco: Area to be avoided.
167.450 In the Santa Barbara Channel Traffic Separation Scheme: General.
167.451 In the Santa Barbara Channel: Between Point Vicente and Point Conception.
167.452 In the Santa Barbara Channel: Between Point Conception and Point
Arguello.
167.500 In the approaches to Los AngelesLong Beach Traffic Separation Scheme:
General.
167.501 In the approaches to Los Angeles/
Long Beach: Precautionary area.
167.502 In the approaches to Los AngelesLong Beach: Western approach.
167.503 In the approaches to Los AngelesLong Beach TSS: Southern approach.
167.1700 In Prince William Sound: General.
167.1701 In Prince William Sound: Precautionary areas.
167.1702 In Prince William Sound: Prince
William Sound Traffic
167.1703 In Prince William Sound: Valdez
Arm Traffic Separation Scheme.
AUTHORITY: 33 U.S.C. 1223; 49 CFR 1.46.
SOURCE: CGD 81–080, 48 FR 36456, Aug. 11,
1983, unless otherwise noted.

Subpart A—General
§ 167.1

Purpose.

The purpose of the regulations in this
part is to establish and designate traffic separation schemes and precautionary areas to provide access
routes for vessels proceeding to and
from U.S. ports.
§ 167.3

Geographic coordinates.

Geographic coordinates are defined
using North American 1927 Datum
(NAD 27) unless indicated otherwise.
[CGD 90–039, 59 FR 21937, Apr. 28, 1994]

erowe on DSK5CLS3C1PROD with CFR

§ 167.5

Definitions.

(a) Area to be avoided means a routing
measure comprising an area within defined limits in which either navigation
is particularly hazardous or it is exceptionally important to avoid casualties
and which should be avoided by all
ships or certain classes of ships.
(b) Traffic separation scheme (TSS)
means a designated routing measure
which is aimed at the separation of opposing streams of traffic by appropriate means and by the establishment
of traffic lanes.

(c) Traffic lane means an area within
defined limits in which one-way traffic
is established. Natural obstacles, including those forming separation
zones, may constitute a boundary.
(d) Separation zone or line means a
zone or line separating the traffic lanes
in which ships are proceeding in opposite or nearly opposite directions; or
separating a traffic lane from the adjacent sea area; or separating traffic
lanes designated for particular classes
of ships proceeding in the same direction.
(e) Precautionary area means a routing measure comprising an area within
defined limits where ships must navigate with particular caution and within which the direction of traffic flow
may be recommended.
(f) Deep-water route means an internationally recognized routing measure
primarily intended for use by ships
that, because of their draft in relation
to the available depth of water in the
area concerned, require the use of such
a route.
(g) Two-way route means a route
within defined limits inside which twoway traffic is established, aimed at
providing safe passage of ships through
waters where navigation is difficult or
dangerous.
[CGD 81–080, 48 FR 36456, Aug. 11, 1983; 49 FR
15548, Apr. 19, 1984, as amended by CGD 90–
039, 59 FR 21937, Apr. 28, 1994; CGD 97–004, 65
FR 12945, Mar. 10, 2000; USCG–1999–5700, 65 FR
46605, July 31, 2000]

§ 167.10 Operating rules.
The operator of a vessel in a TSS
shall comply with Rule 10 of the International Regulations for Preventing
Collisions at Sea, 1972, as amended.
§ 167.15 Modification of schemes.
(a) A traffic separation scheme or
precautionary area described in this
Part may be permanently amended in
accordance with 33 U.S.C. 1223 (92 Stat.
1473), and with international agreements.
(b) A traffic separation scheme or
precautionary area in this Part may be
temporarily adjusted by the Commandant of the Coast Guard in an
emergency, or to accommodate operations which would create an undue
hazard for vessels using the scheme or

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§ 167.150

33 CFR Ch. I (7–1–09 Edition)

which would contravene Rule 10 of the
International Regulations for Preventing Collisions at Sea, 1972. Adjustment may be in the form of a temporary traffic lane shift, a temporary
suspension of a section of the scheme,
a temporary precautionary area overlaying a lane, or other appropriate
measure. Adjustments will only be
made where, in the judgment of the
Coast Guard, there is no reasonable alternative means of conducting an operation and navigation safety will not be
jeopardized by the adjustment. Notice
of adjustments will be made in the appropriate Notice to Mariners and in the
FEDERAL REGISTER. Requests by members of the public for temporary adjustments to traffic separation schemes
must be submitted 150 days prior to the
time the adjustment is desired. Such
Requests, describing the interference
that would otherwise occur to a TSS,
should be submitted to the District
Commander of the Coast Guard District in which the TSS is located.

Subpart B—Description of Traffic
Separation Schemes and Precautionary Areas

of radius 15.5 miles, centered upon geographical position 40°35.00′ N, 69°00.00′
W, and is intersected by the traffic separation schemes ‘‘In the Approach to
Boston, Massachusetts’’ and ‘‘Off New
York’’ at the following geographic positions:

§ 167.150 Off New York Traffic Separation Scheme: General.
The specific areas in the Off New
York Traffic Separation Scheme and
Precautionary Areas are described in
§§ 167.151, 167.152, 167.153, 167.154, and
167.155 of this chapter.

erowe on DSK5CLS3C1PROD with CFR

[CGD 84–004, 52 FR 33589, Sept. 4, 1987]

§ 167.151 Off New York: Precautionary
areas.
(a) A circular precautionary area
with a radius of seven miles is established centered upon Ambrose Light in
geographical
position
40°27.50′
N,73°49.90′ W.
(b) A precautionary area is established between the traffic separation
scheme ‘‘Eastern Approach, off Nantucket’’ and the traffic separation
scheme ‘‘In the Approach to Boston,
Massachusetts.’’ (1) The precautionary
area is bounded to the east by a circle

Longitude
68°57.00′ W
69°14.63′ W

(2) The precautionary area is bounded
to the west by a line connecting the
two traffic separation schemes between
the following geographical positions:
Latitude

Longitude

40°36.75′ N
40°48.00′ N

68°15.16′ W
69°03.33′ W

[CGD 84–004, 52 FR 33589, Sept. 4, 1987]

§ 167.152 Off New York: Eastern approach, off Nantucket.
(a) A separation zone is established
bounded by a line connecting the following geographical positions:
Latitude
40°28.75′
40°27.62′
40°30.62′
40°31.75′

ATLANTIC EAST COAST
SOURCE: CGD 84–004, 52 FR 33589, Sept. 4,
1987, unless otherwise noted.

Latitude
40°50.33′ N
40°23.75′ N

Longitude
N
N
N
N

69°14.83′
70°13.77′
70°14.00′
69°14.97′

(b) A traffic lane for westbound traffic is established between the separation zone and a line connecting the following geographical positions:
Latitude

Longitude

40°36.75′ N
40°35.62′ N

69°15.17′ W
70°14.15′ W

(c) A traffic lane for eastbound traffic is established between the separation zone and a line connecting the following geographical positions:
Latitude

Longitude

40°22.62′ N
40°23.75′ N

70°13.60′ W
69°14.63′ W

[CGD 84–004, 52 FR 33589, Sept. 4, 1987]

§ 167.153 Off New York: Eastern approach, off Ambrose Light.
(a) A separation zone is established
bounded by a line connecting the following geographical positions:

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Coast Guard, DHS
Latitude
40°24.33′
40°24.20′
40°26.00′
40°27.00′
40°27.20′
40°27.33′

§ 167.170
Longitude

N
N
N
N
N
N

73°04.97′
73°11.50′
73°40.93′
73°40.75′
73°11.50′
73°04.95′

W
W
W
W
W
W

Latitude

Longitude
73°04.95′ W
73°11.50′ W
73°40.73′ W

Longitude

40°25.05′ N
40°19.20′ N
40°19.33′ N

73°41.32′ W
73°11.50′ W
73°04.97′ W

§ 167.155 Off New York: Southern approach.
(a) A separation zone is established
bounded by a line connecting the following geographical positions:
Latitude

(c) A traffic lane for eastbound traffic is established between the separation zone and a line connecting the following geographical positions:
Latitude

39°45.70′
40°20.63′
40°20.87′
39°45.70′

§ 167.154 Off New York: South-eastern
approach.
(a) A separation zone is established
bounded by a line connecting the following geographical positions:

40°03.10′
40°06.50′
40°22.45′
40°23.20′
40°08.72′
40°05.32′

73°17.93′
73°22.73′
73°43.55′
73°42.70′
73°20.10′
73°15.28′

W
W
W
W
W
W

(b) A traffic lane for north-westbound
traffic is established between the separation zone and a line connecting the
following geographical positions:
Latitude

Longitude

40°08.98′ N
40°12.42′ N
40°24.02′ N

73°10.87′ W
73°15.67′ W
73°41.97′ W

erowe on DSK5CLS3C1PROD with CFR

(c) A traffic lane for south-eastbound
traffic is established between the separation zone and a line connecting the
following geographical positions:
Latitude

Longitude

40°21.82′ N
40°02.80′ N

73°44.55′ W
73°27.15′ W

N
N
N
N

73°48.00′
73°48.33′
73°47.07′
73°44.00′

Latitude

Longitude
73°37.70′ W
73°45.85′ W

(c) A traffic lane for southbound traffic is established between the separation zone and a line connecting the following geographical positions:
Latitude

Longitude

40°20.53′ N
39°45.70′ N

73°49.65′ W
73°54.40′ W

NOTE: Use of LORAN C enables masters of
appropriately equipped vessels to be informed highly accurately and continuously
about the vessel’s position in the area covered by this scheme.
[CGD 84–004, 52 FR 33589, Sept. 4, 1987]

§ 167.170 Off Delaware Bay Approach
Traffic Separation Scheme: General.
The Off Delaware Bay Approach Traffic Separation Scheme consists of four
parts: an Eastern Approach, a Southeastern Approach, a Two-Way Traffic
Route, and a Precautionary Area. The
specific areas in the Off Delaware Bay
Approach Traffic Separation Scheme
and Precautionary Area are described
in §§ 167.171 through 167.174.
[CGD 97–004, 65 FR 12945, Mar. 10, 2000]

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39°45.70′ N
40°21.25′ N

Longitude
N
N
N
N
N
N

Longitude

(b) A traffic lane for northbound traffic is established between the separation zone and a line connecting the following geographical positions:

[CGD 84–004, 52 FR 33589, Sept. 4, 1987]

Latitude

Longitude
73°22.35′ W

[CGD 84–004, 52 FR 33589, Sept. 4, 1987, as
amended by CGD 97–023, 62 FR 33365, June 19,
1997]

(b) A traffic lane for westbound traffic is established between the separation zone and a line connecting the following geographical positions:

40°32.33′ N
40°32.20′ N
40°28.00′ N

Latitude
39°59.43′ N

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§ 167.171

33 CFR Ch. I (7–1–09 Edition)

§ 167.171 Off Delaware Bay: Eastern
approach.
(a) A separation zone is established
bounded by a line connecting the following geographic positions:
Latitude
38°46.30′
38°46.33′
38°47.45′
38°47.35′

Longitude
N
N
N
N

74°34.45′
74°55.75′
74°55.40′
74°34.50′

W
W
W
W

(b) A traffic lane for westbound traffic is established between the separation zone and a line connecting the following geographic positions:
Latitude

Longitude

38°48.32′ N
38°49.80′ N

74°55.30′ W
74°34.60′ W

Longitude

38°45.45′ N
38°44.45′ N

74°56.20′ W
74°34.35′ W

Longitude
74°45.40′ W

[CGD 97–004, 65 FR 12945, Mar. 10, 2000]

§ 167.173 Off Delaware Bay: Two-Way
Traffic Route.
The Two-Way Traffic Route is recommended for use predominantly by
tug and tow traffic transiting to and
from the northeast in order to separate
such traffic from large, inbound vessel
traffic.
(a) The Two-Way Traffic Route is
bounded on the west and south by a
line connecting the following geographic positions:
Latitude
38°50.75′
38°47.50′
38°48.32′
38°50.20′
39°00.00′

(c) A traffic lane for eastbound traffic is established between the separation zone and a line connecting the following geographic positions:
Latitude

Latitude
38°27.00′ N

Bay:

N
N
N
N
N

75°03.40′
75°01.80′
74°55.30′
74°49.73′
74°40.23′

W
W
W
W
W

(b) The two-way traffic route is
bounded on the east and north by a line
connecting the following geographic
positions:
Latitude

[CGD 97–004, 65 FR 12945, Mar. 10, 2000]

§ 167.172 Off Delaware
eastern approach.

Longitude

39°00.00′
38°50.48′
38°48.80′
38°48.33′
38°49.10′
38°51.27′

South-

(a) A separation zone is established
bounded by a line connecting the following geographic positions:

Longitude
N
N
N
N
N
N

74°41.00′
74°50.30′
74°55.25′
74°59.30′
75°01.65′
75°02.83′

W
W
W
W
W
W

[CGD 97–004, 65 FR 12945, Mar. 10, 2000]
Latitude
38°27.00′
38°43.40′
38°44.20′
38°27.60′

Longitude
N
N
N
N

74°42.30′
74°58.00′
74°57.20′
74°41.30′

W
W
W
W

(b) A traffic lane for north-westbound
traffic is established between separation zone and a line connecting the following geographic positions:
Latitude

Longitude

38°28.80′ N
38°45.10′ N

74°39.30′ W
74°56.60′ W

erowe on DSK5CLS3C1PROD with CFR

(c) A traffic lane for south-eastbound
traffic is established between the separation zone and a line connecting the
following geographic positions:
Latitude

Longitude

38°42.80′ N

74°58.90′ W

§ 167.174 Off
Delaware
Bay:
Precautionary area.
A precautionary area is established
as follows: from 38°42.80′ N, 74°58.90′ W;
then northerly by an arc of eight nautical miles centered at 38°48.90′ N,
75°05.60′ W to 38°48.32′ N, 74°55.30′ W;
then westerly to 38°47.50′ N, 75°01.80′ W;
then northerly to 38°50.75′ N, 75°03.40′
W; then northeasterly to 38°51.27′ N,
75°02.83′ W; then northerly to 38°54.80′
N, 75°01.60′ W; then westerly by an arc
of 6.7 nautical miles centered at
38°48.90′ N, 75°05.60′ W to 38°55.53′ N,
75°05.87′ W; then southwesterly to
38°54.00′ N, 75°08.00′ W; then southerly
to 38°46.60′ N, 75°03.55′ W; then southeasterly to 38°42.80′ N, 74°58.90′ W.
Datum: NAD 83.
[CGD 97–004, 65 FR 12946, Mar. 10, 2000]

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Coast Guard, DHS

§ 167.203

§ 167.200 In the approaches to Chesapeake
Bay
Traffic
Separation
Scheme: General.
(a) The traffic separation scheme in
the approaches to Chesapeake Bay consists of three parts: a Precautionary
Area, an Eastern Approach, and a
Southern Approach. The Southern Approach consists of inbound and outbound lanes for vessels drawing 13.5
meters (45 feet) of fresh water or less,
separated by a deep-water (DW) route
for inbound and outbound vessels with
drafts exceeding 13.5 meters (45 feet) in
fresh water and for naval aircraft carriers. Each part is defined geographically, using North American Datum
1983 (NAD 83), in §§ 167.201, 167.202,
167.203.
(b) All vessels approaching the Traffic Separation Scheme in the Approaches to Chesapeake Bay should use
the appropriate inbound or outbound
traffic lane.
[CGD 90–039, 59 FR 21937, Apr. 28, 1994]

§ 167.201 In the approaches to Chesapeake Bay: Precautionary area.
A precautionary area is established
bounded by a circle with a two-mile radius, centered on the following geographic position:
Latitude

Longitude

36°56.14′ N

75°57.43′ W

a line connecting the following geographical positions:

[CGD 90–039, 59 FR 21937, Apr. 28, 1994]

§ 167.203 In the approaches to Chesapeake Bay: Southern approach.
(a) An inbound traffic lane is established between separation lines running through the following geographical positions:
Latitude
36°50.33′
36°52.90′
36°55.96′
36°55.11′
36°52.35′
36°49.70′

Longitude
75°48.63′ W
75°55.08′ W

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(b) An inbound traffic lane is established between the separation line and
a line connecting the following geographical positions:
Latitude

Longitude

36°59.14′ N
36°57.24′ N

75°48.88′ W
75°55.34′ W

Longitude
N
N
N
N
N
N

75°46.29′
75°51.52′
75°54.97′
75°55.23′
75°52.12′
75°46.80′

(c) An outbound traffic lane is established between the separation line and

Latitude
36°49.52′
36°52.18′
36°54.97′
36°54.44′
36°51.59′
36°48.87′

Longitude
N
N
N
N
N
N

75°46.94′
75°52.29′
75°55.43′
75°56.09′
75°52.92′
75°47.42′

Latitude
36°55.11′
36°52.35′
36°49.70′
36°49.52′
36°52.18′
36°54.97′

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W
W
W
W
W

Longitude
N
N
N
N
N
N

75°55.23′
75°52.12′
75°46.80′
75°46.94′
75°52.29′
75°55.43′

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W
W
W
W
W
W

(d) The following vessels should use
the deep-water route established in
paragraph (c) of this section when
bound for Chesapeake Bay from sea or
to sea from Chesapeake Bay:
(1) Deep draft vessels (drafts greater
than 13.5 meters/45 feet in fresh water).
(2) Naval aircraft carriers.
(e) It is recommended that a vessel
using the deep-water route established
in paragraph (c) of this section—
(1) Announce its intention on VHFFM Channel 16 as it approaches Chesapeake Bay Southern Approach Lighted

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W
W

(b) An outbound traffic lane is established between separation lines running through the following geographical positions:

§ 167.202 In the approaches to Chesapeake Bay: Eastern approach.
(a) A separation line is established
connecting the following geographic
positions:
Latitude

Longitude
75°54.93′ W
75°48.48′ W

(c) A deep-water route is established
between lines running through the following geographical positions:

[CGD 90–039, 59 FR 21937, Apr. 28, 1994]

36°58.66′ N
36°56.79′ N

Latitude
36°56.29′ N
36°58.18′ N

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§ 167.350

33 CFR Ch. I (7–1–09 Edition)

Whistle Buoy CB on the south end, or
Chesapeake Bay Junction Lighted
Buoy CBJ on the north end of the
route;
(2) Avoid, as far as practicable, overtaking other vessels operating in the
deep-water route; and
(3) Keep as near to the outer limit of
the route which lies on the vessel’s
starboard side as is safe and practicable.
(f) Vessels other than those listed in
paragraph (d) of this section should not
use the deep-water route.
[CGD 90–039, 59 FR 21937, Apr. 28, 1994, as
amended by 59 FR 28449, June 1, 1994]

ATLANTIC GULF COAST
§ 167.350 In the approaches to Galveston Bay Traffic Separation
Scheme and precautionary areas.
(a) An inshore precautionary area
bounded by a line connecting the following geographical positions:

Latitude

Longitude

(11) 29°07.70′ N

94°27.80′ W

(e) An offshore precautionary area
bounded by a line connecting the following geographical positions:
Latitude
(11)
(12)
(13)
(14)
(10)

29°07.70′
29°06.40′
29°06.40′
29°09.10′
29°11.20′

Longitude
N
N
N
N
N

94°27.80′
94°26.20′
94°23.90′
94°20.60′
94°24.00′

W
W
W
W
W

NOTE: A pilot boarding area is located near
the center of the inshore precautionary area.
Due to heavy vessel traffic, mariners are advised not to anchor or linger in this precautionary area except to pick up or disembark a pilot.
[CGD 81–080, 48 FR 36456, Aug. 11, 1983. Redesignated by CGD 84–004, 52 FR 33589, Sept. 4,
1987; CGD 89–019, 54 FR 28062, July 5, 1989; 54
FR 51972, Dec. 19, 1989]

PACIFIC WEST COAST
Latitude
(1)
(2)
(3)
(4)
(5)

29°18.10′
29°16.10′
29°18.00′
29°19.40′
29°19.80′

Longitude
N
N
N
N
N

94°39.20′
94°37.00′
94°34.90′
94°37.10′
94°38.10′

SOURCE: USCG–1999–5700, 65 FR 46605, July
31, 2000, unless otherwise noted.

W
W
W
W
W

§ 167.400 Off San Francisco Traffic
Separation Scheme: General.

(b) A traffic separation zone bounded
by a line connecting the following geographical positions:
Latitude
(6)
(7)
(8)
(9)

29°17.13′
29°09.55′
29°09.41′
29°17.00′

Longitude
N
N
N
N

94°35.86′
94°25.80′
94°25.95′
94°36.00′

W
W
W
W

(c) A traffic lane for inbound (northwesterly heading) traffic is established
between the separation zone and a line
connecting the following geographical
positions:
Latitude

Longitude

(3) 29°18.00′ N
(10) 29°11.20′ N

94°34.90′ W
94°24.00′ W

§ 167.401 Off San
cautionary area.

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(d) A traffic lane for outbound
(southeasterly heading) traffic is established between the separation zone and
line connecting the following geographical positions:
Latitude

Longitude

(2) 29°16.10′ N

94°37.00′ W

The Off San Francisco Traffic Separation Scheme consists of six parts: a
Precautionary Area, a Northern Approach, a Southern Approach, a Western Approach, a Main Ship Channel,
and an Area To Be Avoided. The specific areas in the Off San Francisco
TSS and Precautionary Area are described in §§ 167.401 through 167.406 of
this chapter. The geographic coordinates in §§ 167.401 through 167.406 are
defined using North American Datum
1983 (NAD 83).
Francisco:

(a)(1) A precautionary area is established bounded to the west by an arc of
a circle with a radius of 6 miles centering upon geographical position
37°45.00′ N, 122°41.50′ W and connecting
the following geographical positions:
Latitude

Longitude

37°42.70′ N
37°50.30′ N

122°34.60′ W.
122°38.00′ W.

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Coast Guard, DHS

§ 167.405

(2) The precautionary area is bounded
to the east by a line connecting the following geographic positions:
Latitude

Longitude

37°42.70′ N
37°45.90′ N
37°50.30′ N

122°34.60′ W.
122°38.00′ W.
122°38.00′ W

(b) A pilot boarding area is located
near the center of the precautionary
area described in paragraph (a) of this
section. Due to heavy vessel traffic,
mariners are advised not to anchor or
linger in this precautionary area except to pick up or disembark a pilot.
§ 167.402 Off San Francisco: Northern
approach.
(a) A separation zone is bounded by a
line connecting the following geographical positions:
Latitude
37°48.40′
37°56.70′
37°55.20′
37°47.70′

N
N
N
N

122°47.60′
123°03.70′
123°04.90′
122°48.20′

Latitude

Longitude

37°39.30′ N
37°27.00′ N

122°39.20′ W.
122°39.20′ W.

(c) A traffic lane for southbound traffic is established between the separation zone and a line connecting the following geographical positions:
Latitude

Longitude

37°27.00′ N
37°39.40′ N

122°44.30′ W.
122°44.30′ W.

§ 167.404 Off San Francisco: Western
approach.
(a) A separation zone is bounded by a
line connecting the following geographical positions:
Latitude
37°41.90′
37°38.10′
37°36.50′
37°41.10′

W
W
W
W

122°46.70′ W.
123°02.70′ W.

(c) A traffic lane for south-eastbound
traffic is established between the separation zone and a line connecting the
following geographical positions:
Latitude

Latitude

Latitude

Longitude
122°48.50′ W.
122°58.80′ W.

Latitude

Longitude

37°35.00′ N
37°40.40′ N

122°56.50′ W.
122°46.30′ W.

§ 167.405 Off San Francisco: Main ship
channel.
(a) A separation line connects the following geographical positions:

Longitude
N
N
N
N

122°40.40′
122°40.40′
122°43.00′
122°43.00′

W.
W.
W.
W.

(b) A traffic lane for northbound traffic is established between the separa-

Latitude

Longitude

37°45.90′ N
37°47.00′ N
37°48.10′ N

122°38.00′ W.
122°34.30′ W.
122°31.00′ W.

(b) A traffic lane for eastbound traffic is established between the separation line and a line connecting the following geographical positions:

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(c) A traffic lane for north-eastbound
traffic is established between the separation zone and a line connecting the
following geographical positions:

123°06.10′ W.
122°48.70′ W.

§ 167.403 Off San Francisco: Southern
approach.
(a) A separation zone is bounded by a
line connecting the following geographical positions:

122°48.00′
122°58.10′
122°57.30′
122°47.20′

37°42.80′ N
37°39.60′ N

Longitude

37°53.90′ N
37°46.70′ N

Longitude
N
N
N
N

(b) A traffic lane for south-westbound
traffic is established between the separation zone and a line connecting the
following geographical positions:

Longitude

37°49.20′ N
37°58.00′ N

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Latitude

Longitude

(b) A traffic lane for north-westbound
traffic is established between the separation zone and a line connecting the
following geographical positions:

37°39.10′
37°27.00′
37°27.00′
37°39.10′

tion zone and a line connecting the following geographical positions:

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§ 167.406

33 CFR Ch. I (7–1–09 Edition)

Latitude

Longitude

37°45.80′ N
37°47.80′ N

122°37.70′ W.
122°30.80′ W.

ration zone and a line connecting the
following geographical positions:

(c) A traffic lane for westbound traffic is established between the separation line and a line connecting the following geographical positions:
Latitude

Longitude

37°46.20′ N
37°46.90′ N
37°48.50′ N

122°37.90′ W.
122°35.30′ W.
122°31.30′ W.

Latitude

Longitude
122°41.50′ W.

§ 167.450 In the Santa Barbara Channel Traffic Separation Scheme: General.
The Traffic Separation Scheme in
the Santa Barbara Channel is described
in §§ 167.451 and 167.452. The geographic
coordinates in §§ 167.451 and 167.452 are
defined using North American Datum
1983 (NAD 83).
§ 167.451 In the Santa Barbara Channel: Between Point Vicente and
Point Conception.
(a) A separation zone is bounded by a
line connecting the following geographical positions:
Latitude
34°20.90′
34°04.00′
33°44.90′
33°43.20′
34°02.20′
34°18.90′

Longitude
N
N
N
N
N
N

120°30.16′ W
119°15.96′ W.
118°35.75′ W.
118°36.95′ W.
119°17.46′ W.
120°30.96′ W.

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(b) A traffic lane for north-westbound
traffic is established between the separation zone and a line connecting the
following geographical positions:
Latitude

Longitude

34°21.80′ N
34°04.80′ N
33°45.80′ N

120°29.96′ W.
119°15.16′ W.
118°35.15′ W.

Longitude
118°37.55′ W.
119°18.26′ W.
120°31.16′ W.

§ 167.452 In the Santa Barbara Channel: Between Point Conception and
Point Arguello.
(a) A separation zone is bounded by a
line connecting the following geographical positions:

§ 167.406 Off San Francisco: Area to be
avoided.
A circular area to be avoided, with a
radius of half of a nautical mile, is centered upon geographic position:

37°45.00′ N

Latitude
33°42.30′ N
34°01.40′ N
34°18.00′ N

Latitude
34°20.90′
34°18.90′
34°25.70′
34°23.75′

Longitude
N
N
N
N

120°30.16′
120°30.96′
120°51.81′
120°52.51′

(b) A traffic lane for westbound traffic is established between the separation zone and a line connecting the following geographical positions:
Latitude

Longitude

34°21.80′ N
34°26.60′ N

120°29.96′ W.
120°51.51′ W.

(c) A traffic lane for eastbound traffic is established between the separation zone and a line connecting the following geographical positions:
Latitude

Longitude

34°18.00′ N
34°22.80′ N

120°31.16′ W.
120°52.76′ W.

§ 167.500 In the approaches to Los Angeles-Long Beach Traffic Separation Scheme: General.
The Traffic Separation Scheme in
the approaches to Los Angeles-Long
Beach consists of three parts: a Precautionary Area, a Western Approach,
and a Southern Approach. The specific
areas in the approaches to Los AngelesLong Beach are described in §§ 167.501
through 167.503. The geographic coordinates in §§ 167.501 through 167.503 are
defined using North American Datum
1983 (NAD 83).
[USCG–2000–7695, 65 FR 53913, Sept. 6, 2000]

(c) A traffic lane for south-eastbound
traffic is established between the sepa-

§ 167.501 In the approaches to Los Angeles/Long Beach: Precautionary
area.
(a) The precautionary area consists
of the water area enclosed by the Los

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Coast Guard, DHS

§ 167.1701

Angeles-Long Beach breakwater and a
line connecting Point Fermin Light at
33°42.30′ N, 118°17.60′ W, with the following geographical positions:
Latitude
33°35.50′
33°35.50′
33°37.70′
33°43.40′

Longitude
N
N
N
N

118°17.60′
118°09.00′
118°06.50′
118°10.80′

§ 167.503 In the approaches to Los Angeles-Long Beach TSS: Southern approach.
(a) A separation zone is established
bounded by a line connecting the following geographic positions:

W.
W.
W.
W.

Latitude

(b) Pilot boarding areas are located
within the precautionary area described in paragraph (a) of this section.
Specific regulations pertaining to vessels operating in these areas are contained in 33 CFR 165.1109(d).

33°35.50′
33°35.50′
33°19.70′
33°19.00′

Longitude
N
N
N
N

118°10.30′
118°12.75′
118°03.50′
118°05.60′

W.
W.
W.
W.

(b) A traffic lane for northbound traffic is established between the separation zone and a line connecting the following geographical positions:
Latitude

Longitude

33°35.50′ N
33°20.00′ N

118°09.00′ W.
118°02.30′ W.

[USCG–2000–7695, 65 FR 53913, Sept. 6, 2000]

§ 167.502 In the approaches to Los Angeles-Long Beach: Western approach.
(a) A separation zone is bounded by a
line connecting the following geographical positions:
Latitude
33°37.70′
33°36.50′
33°36.50′
33°43.20′
33°44.90′
33°37.70′

Longitude
N
N
N
N
N
N

118°17.60′
118°17.60′
118°23.10′
118°36.90′
118°35.70′
118°20.90′

W.
W.
W.
W.
W.
W.

Latitude

Longitude

33°38.70′ N
33°38.70′ N
33°45.80′ N

118°17.60′ W.
118°20.60′ W.
118°35.10′ W.

(c) A traffic lane for southbound
coastwise traffic is established between
the separation zone and a line connecting the following geographical positions:
Latitude

Longitude

33°35.50′ N
33°35.50′ N
33°42.30′ N

118°17.60′ W.
118°23.43′ W.
118°37.50′ W.

Latitude

Longitude

33°35.50′ N
33°18.70′ N

118°14.00′ W.
118°06.75′ W.

[USCG–2000–7695, 65 FR 53913, Sept. 6, 2000]

(b) A traffic lane for northbound
coastwise traffic is established between
the separation zone and a line connecting the following geographical positions:

erowe on DSK5CLS3C1PROD with CFR

(c) A traffic lane for southbound traffic is established between the separation zone and a line connecting the following geographical positions:

§ 167.1700 In Prince William Sound:
General.
The Prince William Sound Traffic
Separation Scheme consists of four
parts: Prince William Sound Traffic
Separation Scheme, Valdez Arm Traffic Separation Scheme, and two precautionary areas. These parts are described in §§ 167.1701 through 167.1703.
The
geographic
coordinates
in
§§ 167.1701 through 167.1703 are defined
using North American Datum 1983
(NAD 83).
[USCG–2001–10254, 67 FR 53743, Aug. 19, 2002]

§ 167.1701 In Prince William Sound:
Precautionary areas.
(a)
Cape
Hinchinbrook.
A
precautionary area is established and is
bounded by a line connecting the following geographical positions:
Latitude
60°20.59′
60°12.67′
60°11.01′
60°05.47′

[USCG–2000–7695, 65 FR 53913, Sept. 6, 2000]

Longitude
N
N
N
N

146°48.18′
146°40.43′
146°28.65′
146°00.01′

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§ 167.1702

33 CFR Ch. I (7–1–09 Edition)

Latitude
60°00.81′
60°05.44′
59°51.80′
59°53.52′
60°07.76′
60°11.51′
60°20.60′

§ 167.1703 In Prince William Sound:
Valdez Arm Traffic Separation
Scheme.
The Valdez Arm Traffic Separation
Scheme consists of the following:
(a) A separation zone bounded by a
line connecting the following geographical positions:

Longitude
N
N
N
N
N
N
N

146°03.53′
146°27.58′
146°37.51′
146°46.84′
146°36.24′
146°46.64′
146°54.31′

W
W
W
W
W
W
W

(b) Bligh Reef. A precautionary area
is established of radius 1.5 miles centered at geographical position 60°49.63′
N, 147°01.33′ W.
(c) Pilot boarding area. A pilot boarding area located near the center of the
Bligh Reef precautionary area is established. Regulations for vessels operating in these areas are in § 165.1109(d)
of this chapter.

Latitude
60°51.08′
60°58.60′
60°58.30′
60°50.45′

The Prince William Sound Traffic
Separation Scheme consists of the following:
(a) A separation zone bounded by a
line connecting the following geographical positions:
Latitude
60°20.77′
60°48.12′
60°48.29′
60°20.93′

Longitude
N
N
N
N

146°52.31′
147°01.78′
146°59.77′
146°50.32′

147°00.33′
146°48.10′
146°47.10′
146°58.75′

Latitude

Longitude

60°49.39′ N
60°58.04′ N

146°58.19′ W
146°46.52′ W

Latitude

Longitude

60°58.93′ N
60°50.61′ N

146°48.86′ W
147°03.60′ W

[USCG–2001–10254, 67 FR 53743, Aug. 19, 2002]

PART 168—ESCORT REQUIREMENTS
FOR CERTAIN TANKERS

Latitude

Longitude

60°20.59′ N
60°49.49′ N

146°48.18′ W
146°58.19′ W

(c) A traffic lane for southbound traffic between the separation zone and a
line connecting the following geographical positions:

Sec.
168.01 Purpose.
168.05 Definitions.
168.10 Responsibilities.
168.20 Applicable vessels.
168.30 Applicable cargoes.
168.40 Applicable waters and number of escort vessels.
168.50 Performance and operational requirements.
168.60 Pre-escort conference.
AUTHORITY: Section 4116(c), Pub. L. 101–380,
104 Stat. 520 (46 U.S.C. 3703 note); Department of Homeland Security Delegation No.
170.1, para. 2(82).
SOURCE: CGD 91–202, 59 FR 42968, Aug. 19,
1994, unless otherwise noted.

Latitude

Longitude

60°49.10′ N
60°20.60′ N

147°04.19′ W
146°54.31′ W

§ 168.01 Purpose.
(a) This part prescribes regulations
in accordance with section 4116(c) of
the Oil Pollution Act of 1990 (OPA 90)

[USCG–2001–10254, 67 FR 53743, Aug. 19, 2002]

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(c) A traffic lane for southbound traffic between the separation zone and a
line connecting the following geographical positions:

W
W
W
W

(b) A traffic lane for northbound traffic between the separation zone and a
line connecting the following geographical positions:

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N
N
N
N

(b) A traffic lane for northbound traffic between the separation zone and a
line connecting the following geographical positions:

[USCG–2001–10254, 67 FR 53743, Aug. 19, 2002]

§ 167.1702 In Prince William Sound:
Prince William Sound Traffic Separation Scheme.

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§ 168.40

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(Pub. L. 101–380). The regulations will
reduce the risk of oil spills from laden,
single hull tankers over 5,000 GT by requiring that these tankers be escorted
by at least two suitable escort vessels.
The escort vessels will be immediately
available to influence the tankers’
speed and course in the event of a
steering or propulsion equipment failure, thereby reducing the possibility of
groundings or collisions.
(b) The regulations in this part establish minimum escort vessel requirements. Nothing in these regulations
should be construed as relieving the
master of a tanker from the duty to operate the vessel in a safe and prudent
manner, taking into account the navigational constraints of the waterways
to be traversed, other vessel traffic,
and anticipated weather, tide, and sea
conditions, which may require reduced
speeds, greater assistance from escort
vessels, or other operational precautions.
§ 168.05 Definitions.
As used in this part—
Disabled tanker means a tanker experiencing a loss of propulsion or steering
control.
Escort transit means that portion of
the tanker’s voyage through waters
where escort vessels are required.
Escort vessel means any vessel that is
assigned and dedicated to a tanker during the escort transit, and that is
fendered and outfitted with towing
gear as appropriate for its role in an
emergency response to a disabled tanker.
Laden means transporting in bulk
any quantity of applicable cargo, except for clingage and residue in otherwise empty cargo tanks.
Single hull tanker means any self-propelled tank vessel that is not constructed with both double bottom and
double sides in accordance with the
provisions of 33 CFR 157.10d.
Tanker master means the licensed onboard person in charge of the tanker.
Tanker owner or operator means the
owner or shoreside organization (individual, corporation, partnership, or association),
including
a
demise
charterer, responsible for the overall
management and operation of the
tanker.

§ 168.10

Responsibilities.

(a) The tanker owner or operator
shall:
(1) select escort vessels that can meet
the performance requirements of this
part; and
(2) inform the tanker master of the
performance capabilities of the selected escort vessels. This information
must be provided to the master before
beginning the escort transit.
(b) The tanker master shall operate
the tanker within the performance capabilities of the escort vessels, taking
into account speed, sea and weather
conditions,
navigational
considerations, and other factors that may
change or arise during the escort transit.
(c) In an emergency, the tanker master may deviate from the requirements
of this part to the extent necessary to
avoid endangering persons, property, or
the environment, but shall immediately report the deviation to the cognizant Coast Guard Captain of the Port
(COTP).
§ 168.20

Applicable vessels.

The requirements of this part apply
to laden, single hull tankers of 5,000
gross tons or more.
§ 168.30

Applicable cargoes.

The requirements of this part apply
to any petroleum oil listed in 46 CFR
Table 30.25–1 as a pollution category I
cargo.
§ 168.40 Applicable waters and number
of escort vessels.
The requirements of this part apply
to the following waters:
(a) Prince William Sound: Each tanker
to which this part applies must be escorted by at least two escort vessels in
those navigable waters of the United
States within Prince William Sound,
Alaska, and the adjoining tributaries,
bays, harbors, and ports, including the
navigable waters of the United States
within a line drawn from Cape
Hinchinbrook Light, to Seal Rocks
Light, to a point on Montague Island
at 60°14.6′ North, 146°59′ West, and the
waters of Montague Strait east of a
line between Cape Puget and Cape
Cleare.

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33 CFR Ch. I (7–1–09 Edition)

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(b) Puget Sound and certain associated
waters: Each tanker to which this part
applies must be escorted by at least
two escort vessels in those navigable
waters of the United States and Washington State east of a line connecting
New Dungeness Light with Discovery
Island Light and all points in the
Puget Sound area north and south of
these lights. This area includes all the
navigable waters of the United States
within Haro Strait, Rosario Strait, the
Strait of Georgia, Puget Sound, and
Hood Canal, as well as those portions
of the Strait of Juan de Fuca east of
the New Dungeness-Discovery Island
line.
§ 168.50 Performance and operational
requirements.
(a) Except as provided in paragraph
(c) of § 168.10, at all times during the escort transit each tanker to which this
part applies:
(1) Must be accompanied by escort
vessels that meet the performance requirements of paragraph (b) of this section (but not less than the number of
escorts required by § 168.40).
(2) Must have the escort vessels positioned relative to the tanker such that
timely response to a propulsion or
steering failure can be effected.
(3) Must not exceed a speed beyond
which the escort vessels can reasonably
be expected to safely bring the tanker
under control within the navigational
limits of the waterway, taking into
consideration ambient sea and weather
conditions, surrounding vessel traffic,
hazards, and other factors that may reduce the available sea room.
(b) The escort vessels, acting singly
or jointly in any combination as needed, and considering their applied force
vectors on the tanker’s hull, must be
capable of—
(1) Towing the tanker at 4 knots in
calm conditions, and holding it in
steady position against a 45-knot
headwind;
(2) [Reserved]
(3) Holding the tanker on a steady
course against a 35-degree locked rudder at a speed of 6 knots; and
(4) Turning the tanker 90 degrees, assuming a free-swinging rudder and a
speed of 6 knots, within the same distance (advance and transfer) that it

could turn itself with a hard-over rudder.
[CGD 91–202, 59 FR 42968, Aug. 19, 1994, as
amended at 70 FR 55730, Sept. 23, 2005]

§ 168.60

Pre-escort conference.

(a) Before commencing an escort
transit, the tanker master shall confer,
by radio or in person, with the tanker
pilot and the masters of the escort vessels regarding the escort operation.
(b) The purpose of the pre-escort conference is for all parties to plan and
discuss particulars of the escort transit.
(c) At a minimum, the following topics must be addressed during the preescort conference:
(1) The destination, route, planned
speed, other vessel traffic, anticipated
weather, tide, and sea conditions, and
other navigational considerations;
(2) The type and operational status of
communication, towing, steering, and
propulsion equipment on the tanker
and escort vessels;
(3) The relative positioning and reaction time for the escort vessels to move
into assist positions, including, if appropriate, pre-tethering the escort vessels at crucial points along the route;
(4) The preparations required on the
tanker and escort vessels, and the
methods employed in making an emergency towline connection, including
stationing of deck crews, preparation
of messenger lines, bridles, and other
towing gear, and energizing appropriate deck equipment;
(5) The manner in which an emergency towline connection would be
made (which escort vessel will respond,
how messengers and towlines will be
passed, etc.);
(6) Other relevant information provided by the tanker master, pilot or escort vessel masters.

PART 169—SHIP REPORTING
SYSTEMS
Subpart A—General
Sec.
169.1 What is the purpose of this part?
169.5 How are terms used in this part defined?
169.10 What geographic coordinates are
used?

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§ 169.5

169.15 Incorporation by reference: Where
can I get a copy of the publications mentioned in this part?

Subpart B—Establishment of Two Mandatory Ship Reporting Systems for the
Protection of Northern Right Whales
169.100 What mandatory ship reporting systems are established by this subpart?
169.102 Who is the shore-based authority?
169.105 Where is the northeastern reporting
system located?
169.110 When is the northeastern reporting
system in effect?
169.115 Where is the southeastern reporting
system located?
169.120 When is the southeastern reporting
system in effect?
169.125 What classes of ships are required to
make reports?
169.130 When are ships required to make reports?
169.135 How must the reports be made?
169.140 What information must be included
in the report?

Subpart C—Transmission of Long Range
Identification and Tracking Information
169.200 What is the purpose of this subpart?
169.205 What types of ships are required to
transmit LRIT information (position reports)?
169.210 Where during its international voyage must a ship transmit position reports?
169.215 How must a ship transmit position
reports?
169.220 When must a ship be fitted with
LRIT equipment?
169.225 Which Application Service Providers
may a ship use?
169.230 How often must a ship transmit position reports?
169.235 What exemptions are there from reporting?
169.240 When may LRIT equipment be
switched off?
169.245 What must a ship master do if LRIT
equipment is switched off or fails to operate?
AUTHORITY: 33 U.S.C. 1230(d), 1231; 46 U.S.C.
70115, Department of Homeland Security Delegation No. 0170.1.
SOURCE: USCG–1999–5525, 64 FR 29234, June
1, 1999, unless otherwise noted.

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Subpart A—General
§ 169.1 What is the purpose of this
part?
This subpart prescribes the requirements for mandatory ship reporting
systems. Ship reporting systems are

used to provide, gather, or exchange information through radio reports. The
information is used to provide data for
many purposes including, but not limited to: navigation safety, maritime security and domain awareness, environmental protection, vessel traffic services, search and rescue, weather forecasting and prevention of marine pollution.
NOTE TO § 169.1: For ship reporting system
requirements not established by the Coast
Guard, see 50 CFR Part 404.
[USCG–1999–5525, 64 FR 29234, June 1, 1999, as
amended by USCG–2005–22612, 73 FR 23318,
Apr. 29, 2008; USCG–2009–0416, 74 FR 27442,
June 10, 2009]

§ 169.5 How are terms used in this part
defined?
As used in this part—
Administration means the Government of the State whose flag the ship
is entitled to fly.
Cargo ship means any ship which is
not a passenger ship.
Flag Administration means the Government of a State whose flag the ship
is entitled to fly.
Gross tonnage means tonnage as defined under the International Convention on Tonnage Measurement of
Ships, 1969 (Incorporated by reference,
see § 169.15).
Gross tons means vessel tonnage
measured in accordance with the method utilized by the flag state administration of that vessel.
High speed craft means a craft that is
operable on or above the water and is
capable of a maximum speed equal to
or exceeding V=3.7×displ .1667, where
‘‘V’’ is the maximum speed and ‘‘displ’’
is
the
vessel
displacement
corresponding to the design waterline in
cubic meters.
High speed passenger craft means a
high speed craft carrying more than 12
passengers.
International voyage means a voyage
from a country to which the present
International Convention for the Safety of Life at Sea (SOLAS), 1974 applies
to a port outside such country, or conversely. For U.S. ships, such voyages
will be considered to originate at a
port in the United States, regardless of
when the voyage actually began. Such
voyages for U.S. ships will continue

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§ 169.10

33 CFR Ch. I (7–1–09 Edition)

until the ship returns to the United
States from its last foreign port.
Long range identification and tracking
(LRIT) information or position report
means a report containing the following information:
(1) The identity of the ship;
(2) The position of the ship (latitude
and longitude); and
(3) The date and time of the position
provided.
LRIT Data Center means a center established by a SOLAS Contracting
Government or a group of Contracting
Governments, or in the case of the
International Data Center, by IMO, to
request, receive, process, and archive
LRIT information. An LRIT Data Center may be National, Regional, Co-operative or International.
Mandatory
ship
reporting
system
means a ship reporting system that requires the participation of specified
vessels or classes of vessels, and that is
established by a government or governments after adoption of a proposed system by the International Maritime Organization (IMO) as complying with all
requirements of regulation V/8–1 of the
International Convention for the Safety of Life at Sea, 1974, as amended
(SOLAS), except paragraph (e) thereof.
Mobile offshore drilling unit means a
self-propelled vessel capable of engaging in drilling operations for the exploration or exploitation of subsea resources.
Passenger ship means a ship that carries more than 12 passengers.
Self-propelled ships means ships propelled by mechanical means.
Shore-based authority means the government appointed office or offices
that will receive the reports made by
ships entering each of the mandatory
ship reporting systems. The office or
offices will be responsible for the management and coordination of the system, interaction with participating
ships, and the safe and effective operation of the system. Such an authority
may or may not be an authority in
charge of a vessel traffic service.
United States means the States of the
United States, the District of Columbia, Guam, Puerto Rico, the Virgin Islands, American Samoa, the Northern

Mariana Islands, and any other territory or possession of the United States.
[USCG–1999–5525, 66 FR 58070, Nov. 20, 2001, as
amended by USCG–2005–22612, 73 FR 23318,
Apr. 29, 2008]

§ 169.10 What geographic coordinates
are used?
Geographic coordinates expressed in
terms of latitude or longitude, or both,
are not intended for plotting on maps
or charts where the 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.
§ 169.15 Incorporation by reference:
Where can I get a copy of the publications mentioned in this part?
(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 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
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/federallregister/
codeloflfederallregulations/
ibrllocations.html. Also, it is available
for inspection at the Coast Guard, Office of Navigation Systems (CG–54132),
2100 Second Street, SW., Washington,
DC 20593–0001, and is available from the
sources indicated in this section.
(b) International Electrotechnical Commission (IEC) Bureau Central de la Commission Electrotechnique Internationale, 3
rue de Varembe´, P.O. Box 131, 1211 Geneva 20, Switzerland.
(1) IEC 60945, Fourth edition 2002–08,
Maritime
navigation
and
radiocommunication equipment and
systems—General requirements—Methods of testing and required test results,

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Coast Guard, DHS

§ 169.115

incorporation by reference approved
for § 169.215.
(2) [Reserved]
(c) International Maritime Organization
(IMO), 4 Albert Embankment, London
SE1 7SR, U.K.
(1) IMO Resolution MSC.202(81),
adopted on May 19, 2006, Adoption of
Amendments to the International Convention for the Safety of Life at Sea,
1974, as Amended, incorporation by reference approved for § 169.240.
(2) IMO Resolution MSC.210(81),
adopted on May 19, 2006, Performance
Standards and Functional Requirements for the Long-Range Identification and Tracking of Ships, incorporation by reference approved for §§ 169.215
and 169.240.
(3) IMO Resolution MSC.254(83),
adopted on October 12, 2007, Adoption
of Amendments to the Performance
Standards and Functional Requirements for the Long-Range Identification and Tracking of Ships, incorporation by reference approved for §§ 169.215
and 169.240.
(4) IMO Resolution A.694(17), adopted
on November 6, 1991, General Requirements for Shipborne Radio Equipment
Forming Part of the Global Maritime
Distress and Safety System (GMDSS)
and for Electronic Navigational Aids,
incorporation by reference approved
for § 165.215.
(5) International Convention on Tonnage Measurement of Ships, 1969, incorporation by reference approved for
§ 169.5.

NOTE TO § 169.100: 50 CFR 224.103(c) contains
requirements and procedures concerning
northern right whale approach limitations
and avoidance procedures.
[USCG–1999–5525, 64 FR 29234, June 1, 1999, as
amended by 66 FR 58070, Nov. 20, 2001]

§ 169.102 Who is the shore-based authority?
The U.S. Coast Guard is the shorebased authority for these mandatory
ship reporting systems.
§ 169.105 Where is the northeastern reporting system located?
Geographical
boundaries
of
the
northeastern area include the waters of
Cape Cod Bay, Massachusetts Bay, and
the Great South Channel east and
southeast of Massachusetts. The coordinates (NAD 83) of the area are as
follows: from a point on Cape Ann,
Massachusetts at 42°39′ N, 70°37′ W; then
northeast to 42°45′ N, 70°13′ W; then
southeast to 42°10′ N, 68°31′ W; then
south to 41°00′ N, 68°31′ W; then west to
41°00′ N, 69°17′ W; then northeast to
42°05′ N, 70°02′ W, then west to 42°04′ N,
70°10′ W; and then along the Massachusetts shoreline of Cape Cod Bay and
Massachusetts Bay back to the point
on Cape Anne at 42°39′ N, 70°37′ W.
§ 169.110 When is the northeastern reporting system in effect?

[USCG–2005–22612, 73 FR 23319, Apr. 29, 2008]

Subpart B—Establishment of Two
Mandatory Ship Reporting
Systems for the Protection of
Northern Right Whales

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the northeast and is identified as
WHALESNORTH. The other system is
located in the southeast and is identified as WHALESSOUTH.

§ 169.100 What mandatory ship reporting systems are established by this
subpart?
This subpart prescribes requirements
for the establishment and maintenance
of two mandatory ship reporting systems for the protection of the endangered northern right whale (also known
as the North Atlantic right whale).
These two systems are designated for
certain areas of the East Coast of the
United States. One system is located in

The mandatory ship reporting system in the northeastern United States
operates year-round.
§ 169.115 Where is the southeastern reporting system located?
Geographical
boundaries
of
the
southeastern area include coastal waters within about 25 nautical miles (45
kilometer) along a 90-nautical mile
(170-kilometer) stretch of the Atlantic
seaboard in Florida and Georgia. The
area coordinates (NAD 83) extends from
the shoreline east to longitude 80°51.6′
W with the southern and northern
boundaries at latitude 30°00′ N and
31°27′ N, respectively.

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§ 169.120

33 CFR Ch. I (7–1–09 Edition)

§ 169.120 When is the southeastern reporting system in effect?
The mandatory ship reporting system in the southeastern United States
operates during the period beginning
on November 15 each year through
April 16 of the following year.
[USCG–1999–5525, 66 FR 58070, Nov. 20, 2001]

§ 169.125 What classes of ships are required to make reports?
Each self-propelled ship of 300 gross
tons or greater must participate in the
reporting systems, except government
ships exempted from reporting by regulation V/8–1(c) of SOLAS. However, exempt ships are encouraged to participate in the reporting systems.
[USCG–1999–5525, 66 FR 58070, Nov. 20, 2001]

§ 169.130 When are ships required to
make reports?
Participating ships must report to
the shore-based authority upon entering the area covered by a reporting system. Additional reports are not necessary for movements made within a
system or for ships exiting a system.
§ 169.135 How must the reports be
made?
(a) A ship equipped with INMARSAT
C must report in IMO standard format
as provided in § 169.140 in table 169.140.

(b) A ship not equipped with
INMARSAT C must report to the Coast
Guard using other means, listed below
in order of precedence—
(1) Narrow band direct printing
(SITOR),
(2) HF voice communication, or
(3) MF or VHF voice communications.
(c) SITOR or HF reports made directly to the Coast Guard’s Communications Area Master Station Atlantic
(CAMSLANT) in Chesapeake, VA, or
MF or VHF reports made to Coast
Guard activities or groups, should only
be made by ships not equipped with
INMARSAT C. Ships in this category
must provide all the required information to the Coast Guard watchstander.
[USCG–1999–5525, 64 FR 29234, June 1, 1999, as
amended by 66 FR 58070, Nov. 20, 2001]

§ 169.140 What information must be included in the report?
Each ship report made to the shorebased authority must follow the standard reporting and format requirements
listed in this section in table 169.140.
Current email addresses and telex numbers are published annually in the US
Coast Pilot.

TABLE 169.140—REQUIREMENTS FOR SHIP REPORTS
Telegraphy

Function

Information required

Name of system .......
M ..............................
A ...............................

System identifier ......................................
INMARSAT Number ................................
Ship ..........................................................

B ...............................

Date and time of event ............................

E ...............................
F ...............................
H ...............................

True course .............................................
Speed in knots and tenths of knots ........
Date, time and point of entry into system

I ................................
L ...............................

Destination and expected time of arrival
Route information ....................................

Ship reporting system WHALESNORTH or WHALESSOUTH.
Vessel INMARSAT number
The name, call sign or ship station identity, IMO number, and
flag of the vessel.
A 6-digit group giving day of month (first two digits), hours
and minutes (last four digits).
A 3-digit group indicating true course.
A 3-digit group.
Entry time expressed as in (B) and entry position expressed
as-(1) a 4-digit group giving latitude in degrees and minutes suffixed with N(north) or S (south) and a 5-digit group
giving longitude in degrees and minutes suffixed with E
(east) or W (west); or (2) True bearing (first 3 digits) and
distance (state distance) in nautical miles from a clearly
identified landmark (state landmark)
Name of port and date time group expressed as in (B)
Intended track.

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[USCG–1999–5525, 66 FR 58070, Nov. 20, 2001]

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§ 169.220

Subpart C—Transmission of Long
Range
Identification
and
Tracking Information
SOURCE: USCG–2005–22612, 73 FR 23319, Apr.
29, 2008, unless otherwise noted.

§ 169.200 What is the purpose of this
subpart?
This subpart implements Regulation
19–1 of SOLAS Chapter V (SOLAS V/19–
1) and requires certain ships engaged
on an international voyage to transmit
vessel identification and position information electronically. This requirement enables the Coast Guard to obtain long range identification and
tracking (LRIT) information and thus
heightens our overall maritime domain
awareness, enhances our search and
rescue operations, and increases our
ability to detect anomalies and deter
transportation security incidents.

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§ 169.205 What types of ships are required to transmit LRIT information (position reports)?
The following ships, while engaged on
an international voyage, are required
to transmit position reports:
(a) A passenger ship, including high
speed passenger craft.
(b) A cargo ship, including high speed
craft, of 300 gross tonnage or more.
(c) A mobile offshore drilling unit
while underway and not engaged in
drilling operations.
§ 169.210 Where
during
its
international voyage must a ship transmit position reports?
The requirements for the transmission of position reports, imposed by
the United States, vary depending on
the relationship of the United States to
a ship identified in § 169.205.
(a) Flag State relationship. A U.S. flag
ship engaged on an international voyage must transmit position reports
wherever they are located.
(b) Port State relationship. A foreign
flag ship engaged on an international
voyage must transmit position reports
after the ship has announced its intention to enter a U.S. port or place under
requirements in 33 CFR part 160, subpart C.
(c) Coastal State relationship. A foreign flag ship engaged on an inter-

national voyage must transmit position reports when the ship is within
1,000 nautical miles of the baseline of
the United States, unless their Flag
Administration, under authority of
SOLAS V/19–1.9.1, has directed them
not to do so.
§ 169.215 How must a ship transmit position reports?
A ship must transmit position reports using Long Range Identification
and Tracking (LRIT) equipment that
has been type-approved by their Administration. To be type-approved by
the Coast Guard, LRIT equipment
must meet the requirements of IMO
Resolutions A.694(17), MSC.210(81), and
MSC.254(83), and IEC standard IEC
60945 (Incorporated by reference, see
§ 169.15).
§ 169.220 When must a ship be fitted
with LRIT equipment?
A ship identified in § 169.205 must be
equipped with LRIT equipment—
(a) Before getting underway, if the
ship is constructed on or after December 31, 2008.
(b) By the first survey of the radio installation after December 31, 2008, if
the ship is—
(1) Constructed before December 31,
2008, and
(2) Operates within—
(i) One hundred (100) nautical miles
of the United States baseline, or
(ii) Range of an Inmarsat geostationary satellite, or other Application Service Provider recognized by the
Administration, with which continuous
alerting is available.
(c) By the first survey of the radio installation after July 1, 2009, if the ship
is—
(1) Constructed before December 31,
2008, and
(2) Operates within the area or range
specified in paragraph (b)(2) of this section as well as outside the range of an
Inmarsat geostationary satellite with
which continuous alerting is available.
While operating in the area or range
specified in paragraph (b)(2) of this section, however, a ship must install LRIT
equipment by the first survey of the
radio installation after December 31,
2008.

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§ 169.225

33 CFR Ch. I (7–1–09 Edition)

§ 169.225 Which Application
Providers may a ship use?

Service

§ 169.240 When may LRIT equipment
be switched off?

A ship may use an Application Service Provider (ASP) recognized by its
Administration. Some Communication
Service Providers may also serve as an
ASP.

A ship engaged on an international
voyage may switch off its LRIT equipment only when it is permitted by its
Flag Administration, in circumstances
detailed in SOLAS V/19–1.7, or in paragraph 4.4.1, of resolution MSC.210(81),
as amended by resolution MSC.254(83)
(Incorporated by reference, see § 169.15).

§ 169.230 How often must a ship transmit position reports?
A ship’s LRIT equipment must transmit position reports at 6-hour intervals
unless a more frequent interval is requested remotely by an LRIT Data
Center.
§ 169.235 What exemptions are there
from reporting?

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A ship is exempt from this subpart if
it is—
(a) Fitted with an operating automatic identification system (AIS),
under 33 CFR 164.46, and operates only
within 20 nautical miles of the United
States baseline,
(b) A warship, naval auxiliaries or
other ship owned or operated by a
SOLAS Contracting Government and
used only on Government non-commercial service, or
(c) A ship solely navigating the Great
Lakes of North America and their connecting and tributary waters as far
east as the lower exit of the St. Lambert Lock at Montreal in the Province
of Quebec, Canada.

§ 169.245 What must a ship master do
if LRIT equipment is switched off
or fails to operate?
(a) If a ship’s LRIT equipment is
switched off or fails to operate, the
ship’s master must inform his or her
Flag Administration without undue
delay.
(b) The master must also make an
entry in the ship’s logbook that
states—
(1) His or her reason for switching
the LRIT equipment off, or an entry
that the equipment has failed to operate, and
(2) The period during which the LRIT
equipment was switched off or nonoperational.
NOTE TO § 169.245: For U.S. vessels, the U.S.
Coast Guard serves as the Flag Administration for purposes of this section. All LRIT
notifications for the U.S. Flag Administration, in addition to requests or questions
about LRIT, should be communicated to the
U.S. Coast Guard by e-mail addressed to
[email protected].

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INDEX
SUBCHAPTER P—PORTS AND WATERWAYS SAFETY
EDITORIAL NOTE: This listing is provided for informational purposes only. It is compiled and
kept up-to-date by the Coast Guard, Department of Homeland Security, and is revised
through July 1, 2009.
Section

A
Agent .............................................................................................................. 160.204
Appendix A to 164.38—Performance Standards for Automatic Radar Plotting Aids
(ARPA)
Annex 1 to Appendix A—Definitions of Terms to be Used Only in Connection
with ARPA Performance Standards
Annex 2 to Appendix A—Operational Scenarios
Annex 3 to Appendix A—Sensor Errors
Appendix B to 164.38—U.S. Maritime Administration Collision Avoidance System
Specifications
Applicable
Cargoes .......................................................................................................... 168.30
Vessels........................................................................................................... 168.20
Waters and number of escort vessels (Prince William Sound and Puget
Sound) ..................................................................................................... 168.40
Applicability exception for foreign vessels ...................................................... 164.02
Applicability, Navigation Safety Regulations ................................................. 164.01
Application, Towing of Barges ......................................................................... 163.01
Alaskan Coastal areas
Gulf to Hinchinbrook Safety Fairway (inbound vessel traffic)....... 166.400(b)(1)(ii)
Hinchinbrook to Gulf Safety Fairway (outbound vessel traffic) ... 166.400(b)(1)(iii)
Prince William Sound Safety Fairway ................................................ 166.400(b)(1)
Unimak Pass Safety Fairway (East/West Safety Fairway) ...........166.400(b)(2)(i)
Atlantic Coastal areas
Nantucket to Ambrose Safety Fairway .......................................... 166.500(b)(1)(ii)
Off New York Shipping Safety Fairway; Ambrose to Nantucket Safety
Fairway ...................................................................................... 166.500(b)(1)(i)
Automatic Identification System Shipborne Equipment................................. 164.43
Automatic Radar Plotting Aids (ARPA) .......................................................... 164.38

B
Barge............................................................................................................... 160.204
Bunching of tows .............................................................................................. 163.20

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C
Californian Coastal areas
Port Hueneme Safety Fairway ............................................................ 166.300(b)(1)
Carried in Bulk ............................................................................................... 160.204
Certain Dangerous Cargo ................................................................................ 160.204
Charterer ........................................................................................................ 160.204
Charts and publications ................................................................................... 164.33

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33 CFR Ch. I (7–1–09 Edition)
Charts, publications, and equipment: General ................................................. 164.30
Chesapeake Bay approach traffic separation scheme ..................................... 167.200
Control of Vessel and Facility Operations ................................. Part 160, Subpart B
Applicability................................................................................................ 160.103
Compliance with orders ............................................................................... 160.105
Denial of entry............................................................................................. 160.107
Prohibition of vessel operation and cargo transfers .................................... 160.113
Purpose ........................................................................................................ 160.101
Special orders applying to vessel operations ............................................... 160.111
Withholding of clearance ............................................................................. 160.115
Crewmember ................................................................................................... 160.204

D
Definitions .......................................... 160.204, 161.2, 164.70, 166.105, 167.5, 168.05, 169.5
Deviations from rules:
and reporting non-operating equipment........................................................ 164.53
Continuing operation or period of time......................................................... 164.55
Emergency .................................................................................................... 164.51
Devices to indicate speed and distance ............................................................ 164.40

E
Eastern approach ............................................................................................ 167.202
Off Ambrose Light ....................................................................................... 167.153
Off Nantucket .............................................................................................. 167.152
Electronic position fixing devices .................................................................... 164.41
Equipment
All vessels ..................................................................................................... 164.35
Vessels of 10,000 gross tons or more............................................................... 164.37
Escort requirements for certain tankers ..................................................... Part 168

G
Galveston Bay approach traffic separation scheme and precautionary
area ........................................................................................................... 167.350
General, Ports and Waterways Safety ........................................ Part 160-Subpart A
Appeals ........................................................................................................... 160.7
Definitions ...................................................................................................... 160.3
Delegations ..................................................................................................... 160.5
Purpose ........................................................................................................... 160.1
General, Regulated Navigation Areas and Limited
Access Areas ............................................................................ Part 165-Subpart A
Establishment procedure ................................................................................ 165.5
Notification .................................................................................................... 165.7
Purpose of part ............................................................................................... 165.1
Geographic coordinates ...................................................... 165.8, 166.103, 167.3, 169.10
Great Lakes .................................................................................................... 160.204
Gross Tons ...................................................................................................... 160.204

H
Hazardous Condition....................................................................................... 160.204

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I
Incorporation by reference ............................................................................... 164.03
Inland waterways navigation regulations.................................................... Part 162

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Subchapter P Index
Atlantic Ocean, all waterways tributary south of Chesapeake Bay and
all waterway tributary to the Gulf of Mexico east and South of St.
Marks, FL................................................................................................ 162.65
Black Rock Canal and Lock at Buffalo, New York ...................................... 162.175
Buffalo and Rochester Harbors, New York .................................................. 162.165
Channel leading to San Juan Harbor, P.R.; use, administration, and
navigation.............................................................................................. 162.260
Channel of Christina River, Del; navigation ................................................. 162.35
Channel of Tuckerton Creek, N.J.; navigation.............................................. 162.30
Columbia and Williamette Rivers, Washington and Oregon; administration and navigation........................................................................... 162.225
Columbia River, Wash.................................................................................. 162.230
Duluth-Superior Harbor, Minnesota and Wisconsin .................................... 162.110
Flushing Bay near LaGuardia Airport, Flushing, N.Y. restricted
area ......................................................................................................... 162.20
General ........................................................................................................... 162.1
Gulf of Mexico, all waterways tributary (except the Mississippi River,
its tributaries, South and Southwest Passes and the Atchafalaya
River) from St. Marks, Flas., to the Rio Grande..................................... 162.75
Hoover Dam, Lake Mead, and Lake Mohave (Colorado River), Ariz.Nev......................................................................................................... 162.220
Kenai River, Kenai, Alaska; use, administration, and navigation............... 162.245
Keweenaw Waterway, Mich.......................................................................... 162.115
Inland waterway from Delaware River to Chesapeake Bay, Del. and
Md. (Chesapeake and Delaware Canal) .................................................... 162.40
Lake Huron to Lake Erie, connecting waters
Anchorage grounds....................................................................................162.136
Communications rules ..............................................................................162.132
General rules .............................................................................................162.130
Miscellaneous rules ...................................................................................162.140
Speed rules ................................................................................................162.138
Traffic rules ..............................................................................................162.134
Lake Michigan, harbors on .......................................................................... 162.120
Lake Tahoe, Calif.; restricted areas along south shore ............................... 162.210
Lake Tahoe, Nev.; restricted area adjacent to Nevada Beach ..................... 162.215
Manhasett Bay, N.Y.; seaplane restricted area ............................................. 162.15
Marina del Ray, Calif.; restricted area ........................................................ 162.200
Maumee Bay and River, Ohio....................................................................... 162.150
Mississippi River below mouth of Ohio River, including South and
Southwest Passes .................................................................................... 162.80
Missouri River; administration and navigation........................................... 162.105
Monroe Harbor, Mich ................................................................................... 162.145
Ohio River at Louisville, KY ....................................................................... 162.100
Port Alexander, Alaska; speed of vessels ..................................................... 162.250
Puget Sound Area, Wash.............................................................................. 162.235
Restricted areas in vicinity of Maritime Administration Reserve
Fleets ..................................................................................................... 162.270
Sandusky and Huron Harbors, Ohio............................................................. 162.155
Santa Monica Bay, Calif.; restricted area.................................................... 162.195
St. Marys River, Sault Ste. Marie, Michigan .............................................. 162.117
Sturgeon Bay and the Sturgeon Bay Ship Canal, Wisconsin ....................... 162.125
Suisun Bay, San Joaquin River Sacramento River, and connecting waters, CA .................................................................................................. 162.205
Tongass Narrows, Alaska; navigation.......................................................... 162.240
Vermilion, Lorain, Cleveland, Fairport, Ashtabula, and Coneaut Harbors, Ohio............................................................................................... 162.160

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33 CFR Ch. I (7–1–09 Edition)
White River, Arkansas Post Canal, Arkansas River, and Verdigris
River between Mississippi River, Ark., and Catoosa, Okla.: use, administration, and navigation .................................................................. 162.90
Wrangell Narrows, Alaska; use, administration, and navigation ................ 162.255
Yazoo Diversion Canal, Vicksburg, Miss., from its mouth at Kleinston
Landing to Fisher Street; navigation ..................................................... 162.85

M
Maintenance, failure, and reporting................................................................. 164.82
Marine casualty reporting and record retention .............................................. 164.61
Modification of areas ...................................................................................... 166.110
Modification of schemes................................................................................... 167.15

N
Nationality ..................................................................................................... 160.204
Navigation ................................................................................................... Part 164
Bridge visibility ............................................................................................ 164.15
Equipment, Charts or Maps, and Publications of Towing Vessels of 12
Meters or More in Length ............................................................. Table 164.72
Safety equipment, charts or maps, and publications required on towing
vessels ..................................................................................................... 164.72
Tests and inspections .................................................................................... 164.80
Tests before entering or getting underway ................................................... 164.25
Underway, general......................................................................................... 164.11
Underway, tankers ........................................................................................ 164.13
Underway, towing vessels.............................................................................. 164.78
Navigation safety regulations...................................................................... Part 164
Notifications of Arrivals, Departures, Hazardous
Conditions, and Certain Dangerous Cargoes ........................... Part 160, Subpart C
Applicability and exceptions to applicability ...............................160.202, 160.203
Definitions ................................................................................................160.204
Notice of hazardous conditions .................................................................... 160.215

O
Off New York Traffic Separation Scheme and Precautionary Areas ............. 167.150,
167.151
Offshore traffic separation schemes ............................................................. Part 167
Operator.......................................................................................................... 160.204
Operating rules................................................................................................. 167.10

P
Performance and operational requirements ..................................................... 168.50
Persons in addition to the crewmembers........................................................ 160.204
Port or place of departure............................................................................... 160.204
Port or place of destination ............................................................................ 160.204
Ports and waterways safety—general .......................................................... Part 160
Precautionary areas .............. 167.151, 167.174, 167.201, 167.350, 167.401, 167.501, 167.1701
Pre-escort conference ....................................................................................... 168.60
Public vessel ................................................................................................... 160.204

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R
Rate of turn indicator ...................................................................................... 164.42
Regulated navigation areas and limited access areas .................................. Part 165
Regulated Navigation Areas ...................................................... Part 165, Subpart B
General regulations....................................................................................... 165.13

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Subchapter P Index
Regulated navigation areas........................................................................... 165.10
Vessel operating requirements (regulations) ................................................ 165.11
Responsibilities ................................................................................................ 168.10
Restricted Waterfront Areas...................................................... Part 165, Subpart E
Restricted waterfront areas ............................................................................. 165.40

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S
Steering gear: Foreign tankers ........................................................................ 164.39
Safety Zones ............................................................................... Part 165-Subpart C
General regulations....................................................................................... 165.23
Safety zones .................................................................................................. 165.20
Security Zones............................................................................ Part 165-Subpart D
General regulations....................................................................................... 165.33
Security zones ............................................................................................... 165.30
Specific Regulated Navigation Areas and Limited Access Areas... Part 165-Subpart
F
First Coast Guard District—Boston, MA
Regulated Navigation Areas
Kill Van Kull, New York and New Jersey ..............................................165.165
Kittery, Maine .......................................................................................165.101
New Haven Harbor, Quinnipiac River, Mill River ..................................165.150
Providence River, Providence, R.I. ........................................................165.122
Safety Zones
Boon Island, ME, sunken vessel Empire Knight.....................................165.141
Boston Harbor, Boston, Massachusetts ......................................165.110, 165.111
Coast Guard Activities New York Fireworks Displays ..........................165.168
Hudson River, Triathlon, Ulster Landing ..............................................165.170
Northville Industries Offshore Platform, Riverhead, Long Island,
New York .........................................................................................165.155
Portland, OR; Large Passenger Vessel Protection, Captain of the
Port Zone........................................................................................165.1318
Rhode Island Sound, Narragansett Bay, Providence River ....................165.121
USS Cassin Young, Boston Massachusetts.............................................165.112
Security Zones
New London Harbor, Connecticut ..........................................................165.140
Sandy Hook Bay, N.J. ............................................................................165.130
Fifth Coast Guard District
Regulated Navigation Areas
Chesapeake Bay Entrance and Hampton Roads, VA and adjacent
waters...............................................................................................165.501
Chesapeake Bay, Maryland ....................................................................165.500
Delaware Bay and River.........................................................................165.510
Safety Zones
Cove Point, Chesapeake Bay, Maryland.................................................165.502
Cape Fear and Northeast Cape Fear Rivers, NC .....................................165.530
Cape Fear River, Wilmington, North Carolina.......................................165.515
Fireworks Displays within the Fifth Coast Guard District ...................165.506
Security Zone
Atlantic Ocean, Chesapeake & Delaware Canal, Delaware Bay,
Delaware River and its tributaries...................................................165.511
Captain of the Port Hampton Roads Zone .............................................165.503
Newport News Shipbuilding and Dry Dock Company Shipyard
James River, Newport News, VA......................................................165.504
Three Mile Island Generating Station, Susquehanna River, Dauphin County, Pennsylvania ..............................................................165.554
Waters of the Fifth Coast Guard District ..............................................165.518
Seventh Coast Guard District
Regulated Navigation Areas

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33 CFR Ch. I (7–1–09 Edition)
Atlantic Ocean, Charleston, SC..............................................................165.714
King’s Bay, Georgia ...............................................................................165.730
Savannah River, Savannah, GA .............................................................165.756
Sparkman Channel, Tampa, FL .............................................................165.752
Tampa Bay, FL ......................................................................................165.753
Safety Zones
Charleston Harbor and Cooper River, Charleston, SC ............................165.708
Cumberland Sound, GA and St. Mary’s River Entrance Channel
......................................................................................................... 165.731
Jacksonville, FL ....................................................................................165.728
Savannah River, Savannah, GA .........................................................165.T0704
St. Johns River, Jacksonville, FL..........................................................165.720
Tampa Bay, FL ..........................................................................165.703, 165.704
Security Zones
Charleston Harbor and Cooper River, Charleston, SC ............................165.708
Cumberland Sound, GA, and St. Mary’s River Entrance Channel
......................................................................................................... 165.731
HOVENSA REfinery, St. Croix, U.S. Virgin Islands ..............................165.766
MacDill Air Force Base, Tampa Bay, FL ...............................................165.768
Manbirtee Key, Port of Manatee, FL .....................................................165.767
Merritt Island, FL, vicinity Kennedy Space Center...............................165.701
Port Canaveral Harbor, Cape Canaveral, FL..........................................165.705
Port of Fredericksted, Saint Croix, U.S. Virgin Islands ........................165.763
Jacksonville Harbor, FL ........................................................................165.729
St. John’s River, Jacksonville, FL.............................................165.720, 165.722
Tampa Bay, FL ......................................................................................165.760
Eighth Coast Guard District
Regulated Navigation Areas
Arkansas River, Mile 118.2 to 125.4, Little Rock, AK .............................165.817
Atachafalaya River, Berwick Bay, LA ...................................................165.811
Calcasieu River, LA ...............................................................................165.807
Mississippi River ........................................................................165.803, 165.810
Ohio River at Cincinnati, OH .................................................................165.821
Ohio River at Louisville, KY..................................................................165.815
Sabine Neches Waterway, TX.................................................................165.806
Safety Zones
Calcasieu Channel and Industrial Canal, Calcasieu River, Lake
Charles, LA ......................................................................................165.805
Corpus Christi Ship Channel, Corpus Christi, TX ..................................165.808
Lower Mississippi River, vicinity of Old River Control Structures
......................................................................................................... 165.802
Snake Island, Texas City, TX; mooring and fleeting of vessels .............165.804
Security Zones
Captain of the Port St. Louis, Missouri .................................................165.825
Port of Mobile, Mobile Ship Channel, Mobile, AL..................................165.835
Ninth Coast Guard District
Regulated Navigation Area
Great Lakes............................................................................................165.901
Port Huron, MI, USCG Station Port Huron, Lake Huron ......................165.920
Safety Zones
Captain of the Port Buffalo Zone annual fireworks events ....................165.914
Captain of the Port Cleveland Zone annual fireworks events ................165.202
Cuyahoga River and Old River, Cleveland, OH.......................................165.903
Lake Michigan at Chicago Harbor & Burnham Park Harbor .................165.904
Niagra River at Niagra Falls, New York ................................................165.902
USX Superfund Site, St. Louis River .....................................................165.905
Security Zone
Lake Michigan at Chicago Harbor & Burnham Park Harbor .................165.904

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Subchapter P Index
Eleventh Coast Guard District
Regulated Navigation Areas
San Diego Bay, CA................................................................................165.1108
Safety Zones
Offshore Marine Terminal, El Segundo, CA..........................................165.1156
San Diego Bay, CA................................................................................165.1107
Security Zones
Coronado Bay Bridge, San Diego, CA ...................................................165.1110
Cruise Ships, Tankers and High Interest Vessels, San Francisco
Bay and Delta Ports, Monterey Bay and Humboldt Bay, California ..............................................................................................165.1183
Military Ocean Terminal Concord (MOTCO), Concord, California
........................................................................................................165.1199
San Diego Bay, CA..........................165.1102, 165.1103, 165.1104, 165.1105, 165.1106
Thirteenth Coast Guard District
Regulated Navigation Areas
Puget Sound, and adjacent waters in Northwestern Washington .........165.1301
Puget Sound and adjacent waters, WA .................................................165.1303
Safety Zones
Bellingham Bay, Bellingham, WA ........................................................165.1304
Columbia River, Vancouver, WA ..........................................................165.1308
Commencement Bay, Tacoma, WA .......................................................165.1305
Elliot Bay, Seattle, WA ........................................................................165.1307
Lake Union, Seattle, WA ......................................................................165.1306
Security Zone
Bangor Naval Submarine Base, Bangor, WA ........................................165.1302
Portland Rose Festival on Willamette River........................................165.1312
Protection of Military Cargo, Captain of the Port Zone Puget
Sound, WA ......................................................................................165.1321
Fourteenth Coast Guard District
Regulated Navigation Area
Apra Outer Harbor, Guam ....................................................................165.1402
Safety Zones
Apra Harbor, Guam...............................................................................165.1401
Pacific Missle Range Facility (PMRF), Barking Sands, Island of
Kauai, Hawaii .................................................................................165.1406
Security Zones
Apra Harbor, Guam...............................................................................165.1404
Tinian, Commonwealth Northern Marianas Islands .............................165.1403
Seventeenth Coast Guard District
Regulated Navigation Area
Prince William Sound, AK....................................................................165.1704
Safety Zones
Ammunition Island, Port Valdez, AK ...................................................165.1703
Gastineau Channel, Juneau, AK..............................................165.1702, 165.1706
Port Valdez, Valdez, AK .......................................................................165.1701
Tongass Narrows, Ketchikan, AK .........................................................165.1708
Shipping Safety Fairways and Anchorages.................................................. Part 166
Shipping safety fairways and anchorage areas, Gulf of Mexico
Aransas Pass Anchorage Areas ............................................................ 166.200(d)(5)
Aransas Pass Safety Fairway .............................................................. 166.200(d)(4)
Atchafalaya Pass Safety Fairway ...................................................... 166.200(d)(20)
Barataria Pass Safety Fairway .......................................................... 166.200(d)(24)
Bayou Grand Caillou Safety Fairway ................................................ 166.200(d)(21)
Belle Pass Safety Fairway ................................................................. 166.200(d)(23)
Biloxi Safety Fairway ........................................................................ 166.200(d)(35)
Brazos Santiago Pass Anchorage Areas............................................... 166.200(d)(2)
Brazos Santiago Pass Safety Fairway ................................................. 166.200(d)(1)

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33 CFR Ch. I (7–1–09 Edition)
Calcasieu Pass Anchorage Areas; (Calcasieu Pass North Anchorage
Area) ......................................................................................... 166.200(d)(16)(i)
Calcasieu Pass Anchorage Areas; (Calcasieu Pass South Anchorage
Area)........................................................................................ 166.200(d)(16)(ii)
Calcasieu Pass Safety Fairway .......................................................... 166.200(d)(15)
Cat Island Pass Safety Fairway ......................................................... 166.200(d)(22)
Charlotte Anchorage .......................................................................... 166.200(d)(51)
Charlotte Safety Fairways................................................................. 166.200(d)(50)
Coastwise Safety Fairways; (Aransas Pass to Calcasieu Pass)...... 166.200(d)(14)(ii)
Coastwise Safety Fairways; (Brazos Santiago Pass to Aransas
Pass .......................................................................................... 166.200(d)(14)(i)
Empire to the Gulf Safety Fairway.................................................... 166.200(d)(26)
Freeport Harbor Anchorage Areas....................................................... 166.200(d)(9)
Freeport Harbor Safety Fairway ......................................................... 166.200(d)(8)
Freshwater Bayou Safety Fairway .................................................... 166.200(d)(18)
Galveston Entrance Anchorage Areas................................................ 166.200(d)(11)
Galveston Entrance Safety Fairway .................................................. 166.200(d)(10)
Gulf Safety Fairway, Aransas Pass Safety Fairway to Southwest Pass
Safety Fairway............................................................................. 166.200(d)(27)
Grand Bayou Pass Safety Fairway..................................................... 166.200(d)(25)
Gulfport Safety Fairway .................................................................... 166.200(d)(34)
Heald Bank Cutoff Safety Fairway .................................................... 166.200(d)(53)
Horn Island Pass to Mobile Ship Channel Safety Fairway................. 166.200(d)(38)
Louisiana Offshore Oil Port (LOOP) Shipping Safety Fairway to Safety
Zone ............................................................................................. 166.200(d)(52)
Lower Mud Lake Safety Fairway....................................................... 166.200(d)(17)
Matagorda Entrance Anchorage Areas ................................................ 166.200(d)(7)
Matagorda Entrance Safety Fairway .................................................. 166.200(d)(6)
Mississippi River-Gulf Outlet Anchorage........................................... 166.200(d)(33)
Mississippi River-Gulf Outlet Channel to Mobile Ship Channel Safety
Fairway ................................................................................... 166.200(d)(32)(ii)
Mississippi River-Gulf Outlet Safety Fairway ............................... 166.200(d)(32)(i)
Mobile Anchorage .............................................................................. 166.200(d)(40)
Mobile Safety Fairway (Mobile Ship Channel Safety Fairway) ..... 166.200(d)(39)(i)
Mobile Ship Channel to Sea Safety Fairway ................................. 166.200(d)(39)(ii)
Mobile to Pensacola Safety Fairway ........................................... 166.200(d)(39)(iii)
Panama City Anchorage .................................................................... 166.200(d)(45)
Panama City Safety Fairways ........................................................... 166.200(d)(44)
Pascagoula Safety Fairway................................................................ 166.200(d)(37)
Pensacola Anchorage...................................................................... 166.200(d)(42)(i)
Pensacola Safety Fairway.................................................................. 166.200(d)(41)
Pensacola to Panama City Safety Fairway ....................................... 166.200(d)(43)
Port Mansfield Safety Fairway ........................................................... 166.200(d)(3)
Port St. Joe Anchorage ...................................................................... 166.200(d)(47)
Port St. Joe Fairway to Panama City Fairway ................................. 166.200(d)(46)
Sabine Bank Offshore (North) Anchorage Area ............................. 166.200(d)(13)(ii)
Sabine Bank Offshore (South) Anchorage Area ........................... 166.200(d)(13)(iii)
Sabine Pass Anchorage Areas; (Sabine Pass Inshore Anchorage
Area) ......................................................................................... 166.200(d)(13)(i)
Sabine Pass Safety Fairway............................................................... 166.200(d)(12)
Ship Island Pass to Horn Island Pass Safety Fairway ....................... 166.200(d)(36)
South of Gulf Safety Fairway ....................................................... 166.200(d)(52)(ii)
South Pass (Mississippi River) Anchorage ......................................... 166.200(d)(31)
South Pass (Mississippi River) Safety Fairway; South Pass to Sea
Safety Fairway ......................................................................... 166.200(d)(30)(i)
South Pass (Mississippi River) to Mississippi River-Gulf Outlet Channel Safety Fairway .................................................................. 166.200(d)(30)(ii)
Southwest Pass (Mississippi River) Anchorage.................................. 166.200(d)(29)

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Subchapter P Index
Southwest Pass Safety Fairway......................................................... 166.200(d)(19)
Southwest Pass (Mississippi River) Safety Fairway; Southwest Pass
(Mississippi River) to Gulf Safety Fairway .............................. 166.200(d)(28)(i)
Southwest Pass (Mississippi River) to Sea Safety Fairway .......... 166.200(d)(28)(ii)
Southwest Pass (Mississippi River) to South Pass (Mississippi River)
Safety Fairway....................................................................... 166.200(d)(28)(iii)
Tampa Anchorages (Eastern Tampa Fairway Anchorage) ............. 166.200(d)(49)(i)
Tampa Safety Fairways ..................................................................... 166.200(d)(48)
Western Tampa Fairway Anchorage ............................................. 166.200(d)(49)(ii)
South-eastern approach .................................................................................. 167.154
Southern approach.............................................................................. 167.155, 167.203

T
Time Charterer ............................................................................................... 160.204
Towing of barges .......................................................................................... Part 163
Tows of seagoing barges within inland waters ................................................. 163.05

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V
Vessel Movement Reporting System (VMRS) ............................ Part 161, Subpart B
Applicability ................................................................................................. 161.16
Definitions .................................................................................................... 161.17
Final Report (FR).......................................................................................... 161.22
IMO Standard Ship Reporting System...................................................... 161.18(a)
Position Report (PR)..................................................................................... 161.20
Purpose and intent ........................................................................................ 161.15
Reporting requirements ................................................................................ 161.18
Sailing Plan (SP)........................................................................................... 161.19
Vessel traffic management .......................................................................... Part 161
Vessel Traffic Services............................................................... Part 161, Subpart A
General Rules
Applicability ................................................................................................161.3
Definitions ...................................................................................................161.2
Deviations from the rules ............................................................................161.5
Purpose and Intent.......................................................................................161.1
Requirement to carry the rules....................................................................161.4
Services, VTS Measures, and Operating Requirements Services ............. Part 161,
Subpart A
Vessel operating requirements ...................................................................161.12
VTS measures .............................................................................................161.11
VTS Special Area operating requirements .................................................161.13
Vessel Traffic Service Areas, Cooperative Vessel Traffic
Service Area, Vessel Traffic Service Special Areas, and Reporting
Points................................................................................ Part 161, Subpart C
Vessel Traffic Service
Berwick Bay ...............................................................................................161.40
Berwick Bay Reporting Points ............................................................161.40(c)
Houston/Galveston......................................................................................161.35
Houston/Galveston Precautionary Areas ............................................161.35(b)
Houston/Galveston Reporting Points ..................................................161.35(c)
Louisville....................................................................................................161.30
New York Area ...........................................................................................161.25
San Francisco .............................................................................................161.50
St. Marys River ..........................................................................................161.45
St. Marys River Reporting Points .......................................................161.45(b)
Prince William Sound.................................................................................161.60
Prince William Sound Reporting Points .............................................161.60(d)

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Puget Sound and the Cooperative Vessel Traffic Service for the Juan
de Fuca Region .....................................................................................161.55
Voyage Charterer............................................................................................ 160.204

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