1625-0020 Stat/Authority

CFR-2010-title33-vol2-part165.pdf

Security Zones, Regulated Navigation Areas, and Safety Zones

1625-0020 Stat/Authority

OMB: 1625-0020

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Coast Guard, DHS

Pt. 165

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]

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

165.30
165.33

Security zones.
General regulations.

Subpart D—Security Zones

Subpart E—Restricted Waterfront Areas
165.40

Restricted waterfront areas.

Subpart F—Specific Regulated Navigation
Areas and Limited Access Areas

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FIRST COAST GUARD DISTRICT
165.T01–0176 Regulated Navigation Area;
Lake Champlain Bridge Construction,
Crown Point, New York and Chimney
Point, Vermont.
165.T01–0239 Safety zones; Marine events
within the Captain of the Port Sector
Northern New England area of responsibility.

165.T01–0315 Safety zones; Marine Events
within the Captain of the Port Sector
Northern New England Area of Responsibility, July through September.
165.T01–0519 Safety zone; ship repair in Penobscot Bay, ME.
165.T01–0542 Safety zones: Neptune Deepwater Port, Atlantic Ocean, Boston, 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.
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 Regulated Navigation Area: Navigable waters within Narragansett Bay
and the Providence River, Rhode Island.
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.

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33 CFR Ch. I (7–1–10 Edition)

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.
165.156 Regulated Navigation Area: East
Rockaway Inlet to Atlantic Beach
Bridge, Nassau County, Long Island, New
York.
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]

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FIFTH COAST GUARD DISTRICT
165.T05–0091 Safety Zone; Alligator River,
NC.
165.500 Safety/Security Zones; Chesapeake
Bay, Maryland.
165.501 Chesapeake Bay entrance and Hampton Roads, VA and adjacent waters—Regulated Navigation Area.
165.502 Safety and Security Zone; Cove
Point Liquefied Natural Gas Terminal,
Chesapeake Bay, Maryland.
165.503 Security Zone; Captain of the Port
Hampton Roads Zone.
165.504 Newport News Shipbuilding and Dry
Dock Company Shipyard, James River,
Newport News, Va.
165.505 Security Zone; Calvert Cliffs Nuclear
Power Plant, Chesapeake Bay, Calvert
County, Maryland.
165.506 Safety Zones; Fifth Coast Guard District Fireworks Displays.
165.507 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
165.701 Vicinity, Kennedy Space Center,
Merritt Island, Florida—security zone.
165.703 Tampa Bay, Florida—Safety Zone.
165.704 Safety Zone: Tampa Bay, Florida.
165.T0704 Safety Zone: Savannah River, Savannah, Georgia.
165.705 Port Canaveral Harbor, Cape Canaveral, Florida.
165.708 Safety/Security Zone; Charleston
Harbor and Cooper River, Charleston, SC.
165.709 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.

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Coast Guard, DHS

Pt. 165

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.
165.769 Security Zone; Escorted Vessels,
Charleston, South Carolina, Captain of
the Port Zone
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.T08–290 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 Security Zones; Calcasieu River and
Ship Channel, Louisiana.
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.
165.817 Arkansas River, Mile 118.2 to 125.4,
Little Rock Arkansas—regulated navigation area.
165.818 Moving Security Zones, for certain
vessels in Freeport Entrance Channel,
Freeport, Texas.
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.
165.837 Safety Zone; Invista Inc Facility
Docks, Victoria Barge Canal, Victoria,
Texas.
165.838 Regulated Navigation Area; New Orleans Area of Responsibility, New Orleans, LA.

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33 CFR Ch. I (7–1–10 Edition)

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NINTH COAST GUARD DISTRICT
165.T09–0073 Safety and Security Zones; Tall
Ships Challenge 2010; Great Lakes; Cleveland, OH; Bay City, MI; Duluth, MN;
Green Bay, WI; Sturgeon Bay, WI; Chicago, IL; Erie, PA.
165.T09–0124 Safety Zone; St. Louis River,
Tallas Island, Duluth, MN.
165.T09–0166 Safety Zone, Brandon Road
Lock and Dam to Lake Michigan including Des Plaines River, Chicago Sanitary
and Ship Canal, Chicago River, and Calumet-Saganashkee Channel, Chicago, IL.
165.T09–0290 Safety Zones; Blasting Operations and Movement of Explosives, St.
Marys River, Sault Sainte Marie, MI.
165.T09–0333 Safety zone; Marathon Oil Refinery construction, Rouge River, Detroit, MI.
165.T09–0452 Safety Zone; Festivals & Fireworks Celebration, East Moran Bay,
Lake Huron, St. Ignace, MI.
165.T09–1080 Safety Zone and Regulated
Navigation Area, 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.T11–281 Safety Zone; Lake Mead Intake
Construction; Lake Mead, Boulder City,
NV.
165.T11–304 Safety zone; Sea World Summer
Nights Fireworks; Mission Bay, San
Diego, California.
165.1101 Security Zone: San Diego Bay, CA.
165.1102 Security Zone; Naval Base Point
Loma; San Diego Bay, San Diego, 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.
165.1141 Safety Zone; San Clemente 3 NM
Safety Zone, San Clemente Island, CA.
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.

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Coast Guard, DHS

Pt. 165

165.1181 San Francisco Bay Region, California—regulated navigation area.
165.1182 Safety/Security Zone: San Francisco Bay, San Pablo Bay, Carquinez
Strait, and Suisun Bay, CA.
165.1183 Security Zones; Cruise Ships, Tankers and High Interest Vessels, San Francisco Bay and Delta Ports, Monterey Bay
and Humboldt Bay, California.
165.1185 Regulated Navigation Area; San
Francisco Bay, San Pablo Bay, Carquinez
Strait, Suisun Bay, Sacramento River,
San Joaquin River, and connecting waters in California.
165.1187 Security Zones; Golden Gate Bridge
and the San Francisco-Oakland Bay
Bridge, San Francisco Bay, California.
165.1190 Security Zone; San Francisco Bay,
Oakland Estuary, Alameda, CA.
165.1191 Safety zones: Northern California
annual fireworks events.
165.1192 Security Zones; Waters surrounding
San Francisco International Airport and
Oakland International Airport, San
Francisco Bay, California.
165.1195 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.T13–137 Safety
Zone;
North
Jetty,
named the Barview Jetty, Tillamook
Bay, OR.
165.T13–149 Safety Zone; McNary-John Day
Transmission Line Project, Columbia
River, Hermiston, OR.
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.
165.1324 Safety and Security Zone; Cruise
Ship Protection, Elliott Bay and Pier-91,
Seattle, Washington.
165.1325 Regulated Navigation Areas; Bars
Along the Coasts of Oregon and Washington.
165.1326 Regulated Navigation Areas; Port
of Portland Terminal 4, Willamette
River, Portland, OR.
165.1327 Security Zone; escorted U.S. Navy
submarines in Sector Seattle Captain of
the Port Zone.
165.1328 Regulated Navigation Area; U.S.
Navy submarines, Hood Canal, WA.
165.1332 Safety Zones; annual firework displays within the Captain of the Port,
Puget Sound Area of Responsibility.
FOURTEENTH COAST GUARD DISTRICT
165.T14–204 Safety Zone; fixed mooring
balls, south of Barbers Pt Harbor Channel, Oahu, Hawaii.
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.

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§ 165.1

33 CFR Ch. I (7–1–10 Edition)

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.
165.1412 Security Zone; escorted U.S. Navy
submarines in Sector Honolulu Captain
of the Port Zone.
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

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

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

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§ 165.3

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;

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

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

AUTHORITY: 33 U.S.C. 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.

§ 165.1

(c) Prescribe specific requirements
for established areas; and
(d) List specific areas and their
boundaries.

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

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Coast Guard, DHS

§ 165.9

(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
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.

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§ 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 appro-

priate corrections that are published
on the particular map or chart being
used.
[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]

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§ 165.10

33 CFR Ch. I (7–1–10 Edition)

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
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.

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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.

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
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

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;

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Coast Guard, DHS

§ 165.T01–0176

(c) The Captain of the Port may take
possession and control of any vessel in
the security zone;
(d) The Captain of the Port may remove any person, vessel, article, or
thing from a security zone;
(e) No person may board, or take or
place any article or thing on board,
any vessel in a security zone without
the permission of the Captain of the
Port; and
(f) No person may take or place any
article or thing upon any waterfront
facility in a security zone without the
permission of the Captain of the Port.

Subpart E—Restricted Waterfront
Areas
§ 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.

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

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§ 165.T01–0176 Regulated
Navigation
Area; Lake Champlain Bridge Construction, Crown Point, New York
and Chimney Point, Vermont.
(a) Description of the regulated navigation area (RNA). All navigable waters
on Lake Champlain 300 yards to the
north and south of the Lake Champlain
Bridge construction zone at Crown
Point, New York and Chimney Point,
Vermont. The area is bounded by coordinates 44°01′59″ N, 073°25′31″ W and
44°02′04″ N, 073°25′28″ W to the north,
and 44°01′56″ N, 073°25′08″ W and 44°01′53″
N, 073°25′14″ W to the south. The area
will be marked with four white and orange-striped ‘‘NO WAKE’’ buoys to define the start and end of the regulated
area.
(b) Regulations. In addition to 33 CFR
165.10, 165.11, and 165.13, the following

restrictions or conditions apply within
this RNA:
(1) No vessel may operate at a speed
in excess of five knots.
(2) All vessels must proceed through
the area with caution and operate in
such a manner as to produce no wake.
(3) Vessels must comply with all directions given to them by the Captain
of the Port (COTP) Sector Northern
New England or his on-scene representative. The ‘‘on-scene representative’’ of
the COTP is any Coast Guard commissioned, warrant, or petty officer who
has been designated by the COTP to
act on the COTP’s behalf. The on-scene
representative may be on a Coast
Guard vessel, New York State Police,
New York Department of Environmental Conservation, Vermont State
Police, and Vermont Fish and Game or
other designated craft, or may be on
shore and will communicate with vessels via VHF–FM radio or loudhailer.
Members of the Coast Guard Auxiliary
may be present to inform vessel operators of this regulation.
(4) During certain construction activities including installation of the
bridge lift span and as deemed necessary by the COTP, all vessel movement into or within the regulated area
may be prohibited.
(5) For purposes of navigational safety, the COTP or on-scene representative may authorize a deviation from
this regulation.
(c) Enforcement. (1) This regulated
navigation area is enforceable from
April 23, 2010 through December 31,
2011.
(2) The COTP may temporarily suspend all vessel traffic through the
RNA, temporarily suspend enforcement
of the RNA, or suspend enforcement of
the RNA at the conclusion of bridge
construction. In any of these events,
the COTP will give notice by all appropriate means to ensure the widest publicity among the affected segments of
the public. Such means of notification
may include, but are not limited to,
Broadcast Notice to Mariners and
Local Notice to Mariners. Notification
will include the beginning and end
dates and times when the traffic suspension or enforcement suspension is
effective.

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§ 165.T01–0239

33 CFR Ch. I (7–1–10 Edition)

(3) Violations of this RNA should be
reported to the COTP at (207) 767–0303
or on VHF–Channel 16. Persons in violation of this RNA may be subject to
civil and criminal penalties.
EFFECTIVE DATE NOTE: By USCG–2010–0176,
75 FR 22231, Apr. 28, 2010, temporary § 165.T01–
0176 was added, effective Apr. 23, 2010 through
Dec. 31, 2011.

§ 165.T01–0239 Safety zones; Marine
events within the Captain of the
Port Sector Northern New England
area of responsibility.
(a) Safety zones. (1) The following
areas are designated safety zones:

(2) Locations. For all fireworks events
listed in the events table in this paragraph (a)(2), all navigable waters within a 350 yard radius of the fireworks
launch site. For all power boat races,
regattas, boat parades, rowing races,
and paddling boat races, all vessels not
associated with the event must maintain a 50 yard radius around all vessels
participating in the event.

EVENTS TABLE
5.0

MAY

5.1

Downeast Adventure Race .................

Event Type: Rowing and paddling boat race.
Sponsor: Washington County Community College.
Date: May 1, 2010.
Enforcement Time: 10 am to 2 pm.
Location: The regulated area includes all U.S. waters in the Saint Croix River from
the launch site in Calais, Maine at approximate position 45°11′24″ N, 067°16′48″
W (NAD 83), following the river bank to the end site at position 44°10′07″ N,
067°14′29″ W (NAD 83).

5.2

Hampton Beach Fireworks .................

Event Type: Fireworks display.
Sponsor: Hampton Beach Village District.
Dates: Every Wednesday, Saturday and Sunday from May 5, 2010 through September 29, 2010, as specified in the USCG District 1 Local Notice to Mariners at:
http://www.navcen.uscg.gov/LNM/default.htm.
Enforcement Time: 8 pm to 10:30 pm.
Location: In the vicinity of the Hampton Beach, New Hampshire waterfront in approximate position 42°54′33″ N, 070°48′38″ W (NAD 83).

5.3

Tall Ships Visiting Portsmouth ...........

Event Type: Regatta and boat parade.
Sponsor: Portsmouth Maritime Commission, Inc.
Date: May 28 through May 31, 2010 Enforcement Time: 10 am to 7 pm.
Location: The regulated area includes all waters of Portsmouth Harbor, New
Hampshire within the following points (NAD 83):
43°03′11″ N
070°42′26″ W
43°03′18″ N
070°41′51″ W
43°04′42″ N
070°42′11″ W
43°04′28″ N
070°44′12″ W
43°05′36″ N
070°45′56″ W
43°05′29″ N
070°46′09″ W
43°04′19″ N
070°44′16″ W
43°04′22″ N
070°42′33″ W

6.1

Bar Harbor Blessing of the Fleet ........

Event Type: Regatta and boat parade.
Sponsor: Town of Bar Harbor, Maine.
Date: June 6, 2010.
Enforcement Time: 12 pm to 1:30 pm.
Location: The regulated area includes all waters of Bar Harbor, Maine within the
following points (NAD 83):
44°23′32″ N
068°12′19″ W
44°23′30″ N
068°12′00″ W
44°23′37″ N
068°12′00″ W
44°23′35″ N
068°12′19″ W

6.2

Boothbay Harbor Lobster Boat Races

Event Type: Power boat race.
Sponsor: Boothbay Harbor Lobster Boat Race Committee.
Date: June 19, 2010.
Enforcement Time: 10 am to 3 pm.
Location: The regulated area includes all waters of Boothbay Harbor, Maine within
the following points (NAD 83):

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6.0

JUNE

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Coast Guard, DHS

§ 165.T01–0239
EVENTS TABLE—Continued

5.0

MAY

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43°50′04″
43°50′54″
43°50′49″
43°50′00″

N
N
N
N

069°38′37″
069°38′06″
069°37′50″
069°38′20″

W
W
W
W

6.3

Rockland Harbor Lobster Boat Races

Event Type: Power boat race.
Sponsor: Rockland Harbor Lobster Boat Race Committee.
Date: June 20, 2010.
Enforcement Time: 10 am to 3 pm.
Location: The regulated area includes all waters of Rockland Harbor, Maine within
the following points (NAD 83):
44°05′59″ N
069°04′53″ W
44°06′43″ N
069°05′25″ W
44°06′50″ N
069°05′05″ W
44°06′05″ N
069°04′34″ W

6.4

Windjammer Days Parade of Ships ...

Event Type: Regatta and boat parade.
Sponsor: Boothbay Region Chamber of Commerce.
Date: June 22 & 23, 2010.
Enforcement Time: 12 pm to 5 pm.
Location: The regulated area includes all waters of Boothbay Harbor, Maine within
the following points (NAD 83):
43°51′02″ N
069°37′33″ W
43°50′47″ N
069°37′31″ W
43°50′23″ N
069°37′57″ W
43°50′01″ N
069°37′45″ W
43°50′01″ N
069°38′31″ W
43°50′25″ N
069°38′25″ W
43°50′49″ N
069°37′45″ W

6.5

Windjammer Days Fireworks .............

Event Type: Fireworks display.
Sponsor: Boothbay Harbor Region Chamber of Commerce.
Date: June 23, 2010.
Enforcement Time: 8 pm to 10:30 pm.
Location: In the vicinity of McFarland Island, Boothbay Harbor, Maine in approximate position 43°50′38″ N, 069°37′57″ W (NAD 83).

(b) Notification. Coast Guard Sector
Northern New England will cause notice of the enforcement of these temporary safety zones to be made by all
appropriate means to affect the widest
publicity among the effected segments
of the public, including publication in
the Local Notice to Mariners and
Broadcast Notice to Mariners.
(c) Effective period. This rule is effective from 10 a.m. on May 1, 2010,
through 11:59 p.m. on September 29,
2010.
(d) Enforcement period. This section
will be enforced for the duration of
each event indicated in the table in
paragraph (a)(2) of this section. If the
event is cancelled due to inclement
weather, this section is in effect for the
day following the scheduled time listed
in the table above. Notification of
events held on a rain date will be made
by Broadcast Notice to Mariners.
(e) Regulations. (1) The general regulations contained in 33 CFR 165.23

apply. During the enforcement period,
entry into, transiting, remaining within, mooring or anchoring within these
safety zones is prohibited unless authorized by the Captain of the Port or
his designated representatives.
(2) These temporary safety zones are
closed to all vessel traffic, except as
may be permitted by the Captain of the
Port or his designated representatives.
Vessel operators given permission to
enter or operate in the safety zones
must comply with all directions given
to them by the Captain of the Port or
his designated representatives. Vessels
that are granted permission by the
Captain of the Port or designated representative to enter or remain within a
safety zone may be required to be at
anchor or moored to a waterfront facility such that the vessel’s location will
not interfere with the progress of the
event. At all times when a vessel has
been granted permission to enter within a safety zone, it shall endeavor to

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§ 165.T01–0315

33 CFR Ch. I (7–1–10 Edition)

maintain at least 50 yards distance
from any event participant unless otherwise directed.
(3) The ‘‘designated representative’’
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 designated representative will be aboard either a
Coast Guard or Coast Guard Auxiliary
vessel.
(4) Vessel operators desiring to enter
or operate within the safety zones shall
telephone the Captain of the Port at
207–767–0303, or his designated representative via VHF Channel 16 to obtain permission to do so.
(5) The Captain of the Port or his designated representative may delay or
terminate any event listed in the
events table in paragraph (a)(2) of this
section to ensure safety. Such action
may be required as a result of weather,
vessel traffic density, spectator activities or participant behavior.

EFFECTIVE DATE NOTE: By USCG–2010–0239,
75 FR 25768, May 10, 2010, temporary
§ 165.T01–0239 was added, effective May 10,
2010 through 11:59 p.m. on Sept. 29, 2010.

§ 165.T01–0315 Safety zones; Marine
Events within the Captain of the
Port Sector Northern New England
Area
of
Responsibility,
July
through September.
(a) Safety zones. The following areas
are designated safety zones:
Locations. The locations for each
safety zone are provided in the below
EVENTS TABLE. For all events listed
in the EVENTS TABLE below, the
safety zones for firework displays includes all navigable waters within a 350
yard radius of the fireworks launch
site; for all swim events listed in the
Events Table, a 200 foot radius around
all participants; for all regattas, power
boat races, row and paddle boat races,
and parades listed in the EVENTS
TABLE below, all navigable waters
within a 50 yard radius around all vessels participating in the event.

EVENTS TABLE

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7.0

July

7.1

Burlington Independence Day Fireworks .......

•
•
•
•
•

Event Type: Fireworks Display.
Sponsor: City of Burlington, VT.
Date: July 3, 2010.
Time: 8 pm to 10:30 pm.
Location: From a barge in he vicinity of Burlington Harbor, Burlington,
Vermont in approximate position 44°28′30″ N, 073°13′31″ W (NAD 83).

7.2

Town of Islesboro Fireworks ..........................

•
•
•
•
•

Event Type: Fireworks Display.
Sponsor: Town of Islesboro, Maine.
Date: July 3, 2010.
Time: 8 pm to 10:30 pm.
Location: In the vicinity of Grindle Point, Islesboro, Maine in approximate
position 44°16′52″ N, 068°56′24″ W (NAD 83).

7.3

The Great Race ..............................................

•
•
•
•
•

Event Type: Row and Paddle Boat Race.
Sponsor: The Great Race Committee.
Date: July 4, 2010.
Time: 10 am to 12:30 pm.
Location: The regulated area includes all waters of Lake Champlain in
the vicinity of Saint Albans Bay in St. Albans, Vermont within the following points (NAD 83):
44°47′18″ N, 073°10′27″ W.
44°47′10″ N, 073°08′51″ W.

7.4

Moosabec Lobster Boat Races ......................

•
•
•
•
•

Event Type: Power Boat Race.
Sponsor: Moosabec Boat Race Committee.
Date: July 4, 2010.
Time: 10 am to 3 pm.
Location: The regulated area includes all waters of Jonesport, Maine
within the following points (NAD 83):
44°31′21″ N, 067°36′44″ W.
44°31′36″ N, 067°36′47″ W.
44°31′44″ N, 067°35′36″ W.
44°31′29″ N, 067°35′33″ W.

7.5

Bangor 4th of July Fireworks .........................

• Event Type: Fireworks Display.
• Sponsor: Bangor 4th of July Fireworks.
• Date: July 4, 2010.

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Coast Guard, DHS

§ 165.T01–0315
EVENTS TABLE—Continued

7.0

July

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• Time: 8 pm to 10:30 pm.
• Location: In the vicinity of the Bangor Waterfront, Bangor, Maine in approximate position 44°47′27″ N, 068°46′31″ W (NAD 83).
7.6

Bar Harbor 4th of July Fireworks ...................

•
•
•
•
•

Event Type: Fireworks Display.
Sponsor: Bar Harbor Chamber of Commerce.
Date: July 4, 2010.
Time: 8 pm to 10:30 pm.
Location: In the vicinity of Bar Harbor Town Pier, Bar Harbor, Maine in
approximate position 44°23′30″ N, 068°2′16″ W (NAD 83).

7.7

Bath 4th of July Fireworks ..............................

•
•
•
•
•

Event Type: Fireworks Display.
Sponsor: Main Street Bath.
Date: July 4, 2010.
Time: 8 pm to 10:30 pm.
Location: In the vicinity of Reed and Reed Boat Yard, Woolwich, Maine in
approximate position 43°54′56″ N, 069°48′16″ W (NAD 83).

7.8

Boothbay Harbor 4th of July Fireworks ..........

•
•
•
•
•

Event Type: Fireworks Display.
Sponsor: Town of Boothbay Harbor.
Date: July 4, 2010.
Time: 8 pm to 10:30 pm.
Location: In the vicinity of McFarland Island, Boothbay Harbor, Maine in
approximate position 43°50′38″ N, 069°37′57″ W (NAD 83).

7.9

Castine 4th of July Fireworks .........................

•
•
•
•
•

Event Type: Fireworks Display.
Sponsor: Castine Fire Department.
Date: July 4, 2010.
Time: 8 pm to 10:30 pm.
Location: From a float in the vicinity of Castine Harbor, Castine, Maine in
approximate position 44°23′11″ N, 068°47′39″ W (NAD 83).

7.10

Colchester 4th of July Fireworks ..................

•
•
•
•
•

Event Type: Fireworks Display.
Sponsor: Town of Colchester Recreation Department.
Date: July 4, 2010.
Time: 8 pm to 10:30 pm.
Location: In the vicinity of Bayside Beach and Mallets Bay in Colchester,
Vermont at approximate position 44°54′51″ N, 073°21′54″ W (NAD 83).

7.11

Eastport 4th of July Fireworks ......................

•
•
•
•
•

Event Type: Fireworks Display.
Sponsor: Eastport 4th of July Committee.
Date: July 4, 2010.
Time: 8 pm to 10:30 pm.
Location: From the Waterfront Public Pier in Eastport, Maine at approximate position 44°54′25″ N, 066°58′55″ W (NAD 83).

7.12

Portland Harbor 4th of July Fireworks .........

•
•
•
•
•

Event Type: Fireworks Display.
Sponsor: Department of Parks and Recreation, Portland, Maine.
Date: July 4, 2010.
Time: 8 pm to 10:30 pm.
Location: In the vicinity of East End Beach, Portland, Maine in approximate position 43°40′11″ N, 070°14′29″ W (NAD 83).

7.13

St. Albans Day Fireworks .............................

•
•
•
•
•

Event Type: Fireworks Display.
Sponsor: St. Albans Town Recreation Department.
Date: July 4, 2010.
Time: 8 pm to 10:30 pm.
Location: From the St. Albans Bay dock in St. Albans, Vermont in approximate position 44°48′25″ N, 073°08′23″ W (NAD 83).

7.14

Stonington 4th of July Fireworks ..................

•
•
•
•
•

Event Type: Fireworks Display.
Sponsor: Deer Isle—Stonington Chamber of Commerce.
Date: July 4, 2010.
Time: 8 pm to 10:30 pm.
Location: In the vicinity of Two Bush Island, Stonington, Maine in approximate position 44°08′57″ N, 068°39′54″ W (NAD 83).

7.15

Windjammer Days Fireworks (Rain Date) ....

•
•
•
•

Event Type: Fireworks display.
Sponsor: Boothbay Harbor Region Chamber of Commerce.
Date: July 4, 2010.
Time: 8 pm to 10:30 pm.

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33 CFR Ch. I (7–1–10 Edition)
EVENTS TABLE—Continued
7.0

July

erowe on DSK5CLS3C1PROD with CFR

• Location: In the vicinity of McFarland Island, Boothbay Harbor, Maine in
approximate position 43°50′38″ N, 069°37′57″ W (NAD 83).
7.16

Bath Heritage Days Fireworks .....................

•
•
•
•
•

Event Type: Fireworks Display.
Sponsor: Main Street Bath.
Date: July 5, 2010.
Time: 8 pm to 10:30 pm.
Location: In the vicinity of Reed and Reed Boat Yard, Woolwich, Maine in
approximate position 43°54′56″ N, 069°48′16″ W (NAD 83).

7.17

Festival of Lights Boat Parade .....................

•
•
•
•
•

Event Type: Regatta and Boat Parade.
Sponsor: Plattsburgh Sunrise Rotary.
Date: July 8, 2010.
Time: 7 pm to 11:30 pm.
Location: The regulated area includes all waters of Cumberland Bay on
Lake Champlain in the vicinity of Plattsburgh, New York within the following points (NAD 83):
44°43′10″ N, 073°25′50″ W.
44°42′01″ N, 073°25′59″ W.
44°40′57″ N, 073°26′05″ W.
44°40′49″ N, 073°26′27″ W.

7.18

Searsport Lobster Boat Races .....................

•
•
•
•
•

Event Type: Power Boat Race.
Sponsor: Searsport Lobster Boat Race Committee.
Date: July 10, 2010.
Time: 10 am to 3 pm.
Location: The regulated area includes all waters of Searsport Harbor,
Maine within the following points (NAD 83):
44°26′50″ N, 068°55′20″ W.
44°27′04″ N, 068°55′26″ W.
44°27′12″ N, 068°54′35″ W.
44°26′59″ N, 068°54′29″ W.

7.19

Urban/EPIC Triathlon ...................................

•
•
•
•
•

Event Type: Swim.
Sponsor: Tri-Maine Productions.
Date: July 10, 2010.
Time: 7 am to 11 am.
Location: The regulated area includes all waters of Portland Harbor in the
vicinity of East End Beach in Portland, Maine within the following points
(NAD 83):
43°40′00″ N, 070°14′20″ W.
43°40′00″ N, 070°14′00″ W.
43°40′15″ N, 070°14′29″ W.
43°40′17″ N, 070°13′22″ W.

7.20

Mayor’s Cup Regatta ....................................

•
•
•
•
•

Event Type: Regatta and Boat Parade.
Sponsor: Plattsburgh Sunrise Rotary.
Date: July 10, 2010.
Time: 10 am to 4 pm.
Location: The regulated area includes all waters of Cumberland Bay on
Lake Champlain in the vicinity of Plattsburgh, New York within the following points (NAD 83):
44°39′26″ N, 073°26′25″ W.
44°41′27″ N, 073°23′12″ W.

7.21

Stonington Lobster Boat Races ...................

•
•
•
•
•

Event Type: Power Boat Race.
Sponsor: Stonington Lobster Boat Race Committee.
Date: July 10, 2010.
Time: 10 am to 3 pm.
Location: The regulated area includes all waters of Stonington, Maine
within the following points (NAD 83):
44°08′55″ N, 068°40′12″ W.
44°09′00″ N, 068°40′15″ W.
44°09′11″ N, 068°39′42″ W.
44°09′07″ N, 068°39′39″ W.

7.22

The Challenge Race .....................................

•
•
•
•
•

Event Type: Row and Paddle Boat Race.
Sponsor: Lake Champlain Maritime Museum.
Date: July 17, 2010.
Time: 11 am to 3 pm.
Location: The regulated area includes all waters of Lake Champlain in
the vicinity of Button Bay State Park, Vergennes, Vermont within the following points (NAD 83):

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Coast Guard, DHS

§ 165.T01–0315
EVENTS TABLE—Continued

7.0

July
44°12′25″
44°12′00″
44°12′19″
44°13′16″

N,
N,
N,
N,

073°22′32″
073°21′42″
073°21′25″
073°21′36″

7.23

Tenants Harbor Fireworks ............................

•
•
•
•
•

Event Type: Fireworks Display.
Sponsor: Town of St. George, Maine.
Date: July 17, 2010.
Time: 8 pm to 10:30 pm.
Location: From a barge in the vicinity of the inner harbor, Tenants Harbor, Maine in approximate position 43°57′40″ N, 069°12′48″ W (NAD 83).

7.24

Peaks to Portland Swim ...............................

•
•
•
•
•

Event Type: Swim.
Sponsor: Cumberland County YMCA.
Date: July 24, 2010.
Time: 5 am to 1 pm.
Location: The regulated area includes all waters of Portland Harbor between Peaks Island and East End Beach in Portland, Maine within the
following points (NAD 83):
43°39′20″ N, 070°11′58″ W.
43°39′45″ N, 070°13′19″ W.
43°40′11″ N, 070°14′13″ W.
43°40′08″ N, 070°14′29″ W.
43°40′00″ N, 070°14′23″ W.
43°39′34″ N, 070°13′31″ W.
43°39′13″ N, 070°11′59″ W.

7.25

Friendship Lobster Boat Races ....................

•
•
•
•
•

Event Type: Power Boat Race.
Sponsor: Friendship Lobster Boat Race Committee.
Date: July 24, 2010.
Time: 9:30 am to 3 pm.
Location: The regulated area includes all waters of Friendship Harbor,
Maine within the following points (NAD 83):
43°57′51″ N, 069°20′46″ W.
43°58′14″ N, 069°19′53″ W.
43°58′19″ N, 069°20′01″ W.
43°58′00″ N, 069°20′46″ W.

7.26

Arthur Martin Memorial Regatta ...................

•
•
•
•
•

Event Type: Row and Paddle Boat Race.
Sponsor: I Row.
Date: July 24, 2010.
Time: 10 am to 12 pm.
Location: The regulated area includes all waters of the Piscataqua River,
in the vicinity of Kittery Point, Maine within the following points (NAD 83):
43°03′51″ N, 070°41′55″ W.
43°04′35″ N, 070°42′18″ W.
43°04′42″ N, 070°43′15″ W.
43°05′14″ N, 070°43′12″ W.
43°05′14″ N, 070°43′06″ W.
43°04′44″ N, 070°43′11″ W.
43°04′35″ N, 070°42′13″ W.
43°03′53″ N, 070°41′40″ W.

7.27

Harpswell Lobster Boat Races .....................

•
•
•
•
•

Event Type: Power Boat Race.
Sponsor: Harpswell Lobster Boat Race Committee.
Date: July 25, 2010.
Time: 10 am to 3 pm.
Location: The regulated area includes all waters of Potts Harbor, Maine
within the following points (NAD 83):
43°43′55″ N, 070°02′36″ W.
43°44′23″ N, 070°02′14″ W.
43°44′16″ N, 070°01′51″ W.
43°43′48″ N, 070°02′24″ W.

8.0
8.1

erowe on DSK5CLS3C1PROD with CFR

W.
W.
W.
W.

August

Southport Rowgatta Row Boat Race .............

•
•
•
•
•

Event Type: Row and Paddle Boat Race.
Sponsor: Boothbay Region YMCA.
Date: August 4, 2010.
Time: 8 am to 3 pm.
Location: The regulated area includes all waters of Sheepscot Bay and
Booth Bay, on the shore side of Southport Island, Maine within the following points (NAD 83):

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§ 165.T01–0315

33 CFR Ch. I (7–1–10 Edition)
8.0

August

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43°50′26″
43°49′10″
43°46′53″
43°46′50″
43°49′07″
43°50′19″
43°51′11″

N,
N,
N,
N,
N,
N,
N,

069°39′10″
069°38′35″
069°39′06″
069°39′32″
069°41′43″
069°41′14″
069°40′06″

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

8.2

Westerlund’s Landing Party Fireworks ...........

•
•
•
•
•

Event Type: Fireworks Display.
Sponsor: Portside Marina.
Date: August 7, 2010.
Time: 8 pm to 10:30 pm.
Location: In the vicinity of Westerlund′s Landing in South Gardiner,
Maine in approximate position 44°10′19″ N, 069°45′24″ W (NAD 83).

8.3

Rockland Lobster Festival Fireworks .............

•
•
•
•
•

Event Type: Fireworks Display.
Sponsor: Rockland Festival Committee.
Date: August 7, 2010.
Time: 8 pm to 10:30 pm.
Location: In the vicinity of Rockland Ferry Terminal, Rockland, Maine in
approximate position 44°06′19″ N, 069°06′06″ W (NAD 83).

8.4

Eggemoggin Reach Regatta ..........................

•
•
•
•
•

Event Type: Regatta and Boat Parade.
Sponsor: Rockport Marine, Inc. and Brookline Boat Yard.
Date: August 7, 2010.
Time: 11 am to 7 pm.
Location: The regulated area includes all waters of Eggemoggin Reach
and Jericho Bay in the vicinity of Naskeag Harbor, Maine within the following points (NAD 83):
44°15′16″ N, 068°36′26″ W.
44°12′41″ N, 068°29′26″ W.
44°07′38″ N, 068°31′30″ W.
44°12′54″ N, 068°33′46″ W.

8.5

Sprucewold Cabbage Island Swim ................

•
•
•
•
•

Event Type: Swim.
Sponsor: Sprucewold Association.
Date: August 7, 2010.
Time: 1 pm to 6 pm.
Location: The regulated area includes all waters of Linekin Bay between
Cabbage Island and Sprucewold Beach in Boothbay Harbor, Maine within
the following points (NAD 83):
43°50′37″ N, 069°36′23″ W.
43°50′37″ N, 069°36′59″ W.
43°50′16″ N, 069°36′46″ W.
43°50′22″ N, 069°36′21″ W.

8.6

Y-Tri Triathlon .................................................

•
•
•
•
•

Event Type: Swim.
Sponsor: Plattsburgh YMCA.
Date: August 7, 2010.
Time: 9 am to 10 am.
Location: The regulated area includes all waters of Treadwell Bay in the
vicinity of Point Au Roche State Park, Plattsburgh, New York within the
following points (NAD 83):
44°46′30″ N, 073°23′26″ W.
44°46′17″ N, 073°23′26″ W.
44°46′17″ N, 073°23′46″ W.
44°46′29″ N, 073°23′46″ W.

8.7

Lake Champlain Dragon Boat Festival ..........

•
•
•
•
•

Event Type: Row and Paddle Boat Race.
Sponsor: Dragonheart Vermont.
Date: August 8, 2010.
Time: 7 am to 5 pm.
Location: The regulated area includes all waters of Burlington Bay within
the following points (NAD 83):
44°28′51″ N, 073°13′28″ W.
44°28′40″ N, 073°13′40″ W.
44°28′37″ N, 073°13′29″ W.
44°28′40″ N, 073°13′17″ W.

8.8

Monhegan Island Race ..................................

•
•
•
•

Event Type: Regatta and Boat Race.
Sponsor: Portland Yacht Club.
Date: August 12, 2010 through August 15, 2010.
Time: 11 am on day one until 10 am on day three.

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8.0

August

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• Location: The regulated area for the start of the race includes all waters
of Casco Bay, Maine in the vicinity of Long Island within the following
points (NAD 83):
43°41′55″ N, 070°11′05″ W.
43°41′55″ N, 070°09′32″ W.
43°42′53″ N, 070°09′32″ W.
43°42′53″ N, 070°11′05″ W.
8.9

Greater Burlington YMCA Lake Swim ............

•
•
•
•
•

Event Type: Swim.
Sponsor: Greater Burlington YMCA.
Date: August 14, 2010.
Time: 8 am to 6 pm.
Location: The regulated area includes all waters in Lake Champlain in
the vicinity of North Hero Island within the following points (NAD 83):
44°46′55″ N, 073°22′14″ W.
44°47′08″ N, 073°19′05″ W.
44°46′48″ N, 073°17′13″ W.
44°46′09″ N, 073°16′39″ W.
44°41′08″ N, ;073°20′58″ W.
44°41′36″ N, 073°23′01″ W.

8.10

Winter Harbor Lobster Boat Races ..............

•
•
•
•
•

Event Type: Power Boat Race.
Sponsor: Winter Harbor Chamber of Commerce.
Date: August 14, 2010.
Time: 10 am to 3 pm.
Location: The regulated area includes all waters of Winter Harbor, Maine
within the following points (NAD 83):
44°22′06″ N, 068°05′13″ W.
44°23′06″ N, 068°05′08″ W.
44°23′04″ N, 068°04′37″ W.
44°22′05″ N, 068°04′44″ W.

8.11

Lake Champlain Antique Boat Show ...........

•
•
•
•
•

Event Type: Regatta and Boat Parade.
Sponsor: Lake Champlain Antique and Classic Boat Society.
Date: August 14, 2010.
Time: 5 pm to 6 pm.
Location: The regulated area includes all waters of Burlington Bay within
the following points (NAD 83):
44°28′51″ N, 073°13′28″ W.
44°28′40″ N, 073°13′36″ W.
44°28′33″ N, 073°13′31″ W.
44°28′33″ N, 073°13′18″ W.

8.12

Tri for a Cure Triathlon .................................

•
•
•
•
•

Event Type: Swim.
Sponsor: Maine Cancer Foundation.
Date: August 15, 2010.
Time: 8 am to 2 pm.
Location: The regulated area includes all waters of Portland Harbor,
Maine in the vicinity of Spring Point Light within the following points (NAD
83):
43°39′01″ N, 070°13′32″ W.
43°39′07″ N, 070°13′29″ W.
43°39′06″ N, 070°13′41″ W.
43°39′01″ N, 070°13′36″ W.

8.13

Merritt Brackett Lobster Boat Races ............

•
•
•
•
•

Event Type: Power Boat Race.
Sponsor: Town of Bristol, Maine.
Date: August 15, 2010.
Time: 10 am to 3 pm.
Location: The regulated area includes all waters of Pemaquid Harbor,
Maine within the following points (NAD 83):
43°52′16″ N, 069°32′10″ W.
43°52′41″ N, 069°31′43″ W.
43°52′35″ N, 069°31′29″ W.
43°52′09″ N, 069°31′56″ W.

8.14

MS Poker Run ..............................................

•
•
•
•
•

Event Type: Regatta and Boat Parade.
Sponsor: Maine Chapter, Multiple Sclerosis Society.
Date: August 21, 2010.
Time: 11 am to 2 pm.
Location: The regulated area for the start of the race includes all waters
of Casco Bay, Maine in the vicinity of Little Diamond Island and Fort
Gorges within the following points (NAD 83):
43°39′40″ N, 070°13′24″ W.

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§ 165.T01–0315

33 CFR Ch. I (7–1–10 Edition)
8.0

August

erowe on DSK5CLS3C1PROD with CFR

43°39′33″ N, 070°13′24″ W.
43°39′33″ N, 070°13′13″ W.
43°39′40″ N, 070°13′13″ W.
8.15

Come Boating! Row Regatta ........................

•
•
•
•
•

Event Type: Row and Paddle Boat Race.
Sponsor: Come Boating!
Date: August 21, 2010.
Time: 9:30 am to 4 pm.
Location: The regulated area includes all waters of Belfast Bay, in the vicinity of Belfast, Maine within the following points (NAD 83):
44°25′50″ N, 069°00′00″ W.
44°25′14″ N, 068°58′08″ W.
44°25′03″ N, 068°58′16″ W.
44°25′43″ N, 068°00′13″ W.

8.16

MS Regatta ...................................................

•
•
•
•
•

Event Type: Regatta and Sailboat Race.
Sponsor: Maine Chapter, Multiple Sclerosis Society.
Date: August 21, 2010.
Time: 10 am to 4 pm.
Location: The regulated area for the start of the race includes all waters
of Casco Bay, Maine in the vicinity of Peaks Island within the following
points (NAD 83):
43°40′24″ N, 070°14′20″ W.
43°40′36″ N, 070°13′56″ W.
43°39′58″ N, 070°13′21″ W.
43°39′46″ N, 070°13′51″ W.

8.17

Maine Retired Skippers Race ......................

•
•
•
•
•

Event Type: Regatta and Boat Race.
Sponsor: Maine Retired Skippers Race Committee.
Date: August 21, 2010.
Time: 12 pm to 6 pm.
Location: The regulated area for the start of the race includes all waters
of Castine Harbor, Maine in the vicinity of Dice Head within the following
points (NAD 83):
44°22′52″ N, 068°49′23″ W.
44°22′52″ N, 068°48′39″ W.
44°22′32″ N, 068°48′39″ W.
44°22′32″ N, 068°49′23″ W.

8.18

Tour Di Verona .............................................

•
•
•
•
•

Event Type: Row and Paddle Boat Race.
Sponsor: Baldwin Boat Co.
Date: August 21, 2010.
Time: 12 pm to 3 pm.
Location: The regulated area includes all waters of the Penobscot River,
on the shore side of Verona Island, Maine within the following points
(NAD 83):
44°34′10″ N, 068°47′30″ W.
44°33′14″ N, 068°48′21″ W.
44°31′33″ N, 068°48′06″ W.
44°30′02″ N, 068°46′54″ W.
44°30′34″ N, 068°45′38″ W.
44°31′58″ N, 068°45′27″ W.
44°32′42″ N, 068°46′05″ W.
44°33′58″ N, 068°46′35″ W.

8.19

MS Harborfest Tugboat Muster ....................

•
•
•
•
•

Event Type: Power Boat Race.
Sponsor: Maine Chapter, National Multiple Sclerosis Society.
Date: August 22, 2010.
Time: 10 am to 3 pm.
Location: The regulated area includes all waters of Portland Harbor,
Maine within the following points (NAD 83):
43°40′24″ N, 070°14′20″ W.
43°40′36″ N, 070°13′56″ W.
43°39′58″ N, 070°13′21″ W.
43°39′46″ N, 070°13′51″ W.

8.20

Rockland Breakwater Swim .........................

•
•
•
•
•

Event Type: Swim.
Sponsor: Pen-Bay Masters.
Date: August 28, 2010.
Time: 8:30 am to 12:30 pm.
Location: The regulated area includes all waters of Rockland Harbor,
Maine in the vicinity of Jameson Point within the following points (NAD
83):
44°06′15″ N, 069°04′38″ W.

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8.0

August
44°06′13″
44°06′12″
44°06′17″
44°06′17″

N,
N,
N,
N,

069°04′36″
069°04′43″
069°04′44″
069°04′40″

erowe on DSK5CLS3C1PROD with CFR

9.0

W.
W.
W.
W.
September

9.1

Windjammer Weekend Fireworks ..................

•
•
•
•
•

Event Type: Fireworks Display.
Sponsor: Town of Camden, Maine.
Date: September 3, 2010.
Time: 8 pm to 10:30 pm.
Location: From a barge in the vicinity of Northeast Point, Camden Harbor, Maine in approximate position 44°12′32″ N, 069°02′58″ W (NAD 83).

9.2

Windjammer Weekend ...................................

•
•
•
•
•

Event Type: Regatta and Boat Parade.
Sponsor: Windjammer Weekend Committee.
Date: September 4, 2010 through September 6, 2010.
Time: 9 am to 10 pm.
Location: The regulated area includes all waters in Camden Harbor,
Camden, Maine within the following points (NAD 83):
44°12′13″ N, 069°03′18″ W.
44°12′33″ N, 069°02′47″ W.

9.3

The Lobsterman Triathlon ..............................

•
•
•
•
•

Event Type: Swim.
Sponsor: Tri-Maine Productions.
Date: September 18, 2010.
Time: 8 am to 10 am.
Location: The regulated area includes all waters in the vicinity of Winslow
Park in South Freeport, Maine within the following points (NAD 83):
43°47′59″ N, 070°06′56″ W.
43°47′44″ N, 070°06′56″ W.
43°47′44″ N, 070°07′27″ W.
43°47′57″ N, 070°07′27″ W.

9.4

Eliot Festival Day Fireworks ...........................

•
•
•
•
•

Event Type: Fireworks Display.
Sponsor: Eliot Festival Day Committee.
Date: September 25, 2010.
Time: 8 pm to 10:30 pm.
Location: In the vicinity of Eliot Town Boat Launch, Eliot, Maine in approximate position 43°08′56″ N, 070°49′52″ W (NAD 83).

(b) Notification. Coast Guard Sector
Northern New England will cause notice of the enforcement of these temporary safety zones to be made by all
appropriate means to affect the widest
publicity among the effected segments
of the public, including publication in
the Local Notice to Mariners and
Broadcast Notice to Mariners.
(c) Effective period. This rule is effective from 8 p.m. on July 3, 2010 through
11:59 p.m. on September 29, 2010.
(d) Enforcement period. This section
will be enforced for the duration of
each event indicated in the table
above. If the event is cancelled due to
inclement weather, this section is in
effect for the day following the scheduled time listed in the table above or
as indicated in the Local Notice to
Mariners. Notification of events held
on a rain date will be made by Broadcast Notice to Mariners.

(e) Regulations. (1) The general regulations contained in 33 CFR 165.23
apply. During the enforcement period,
entry into, transiting through, remaining, mooring or anchoring within these
safety zones is prohibited unless authorized by the Captain of the Port or
his designated representatives.
(2) These temporary safety zones are
closed to all vessel traffic, except as
may be permitted by the Captain of the
Port or his designated representatives.
Vessel operators given permission to
enter or operate in the safety zones
must comply with all directions given
to them by the Captain of the Port or
his designated representatives. Vessels
that are granted permission to enter or
remain within a safety zone may be required to be at anchor or moored to a
waterfront facility such that the vessel’s location will not interfere with
the progress of the event. At all times

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§ 165.T01–0519

33 CFR Ch. I (7–1–10 Edition)

when a vessel has been granted permission to enter within a safety zone, it
shall endeavor to maintain at least 50
yards distance from any event participant unless otherwise directed.
(3) The ‘‘designated representative’’
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 may be on a Coast Guard
vessel, a state or local law enforcement
vessel, or other designated craft, or
may be on shore and will communicate
with vessels via VHF–FM radio or
loudhailer. In addition, members of the
Coast Guard Auxiliary may be present
to inform vessel operators of this regulation.
(4) Vessel operators desiring to enter
or operate within the safety zones shall
request permission to do so by contacting the Captain of the Port Sector
Northern New England at 207–767–0303,
or via VHF Channel 16.
(5) The Captain of the Port or his designated representative may direct the
delay, cancellation, or relocation of
the specific area to be regulated within
the generally described locations listed
in the EVENTS TABLE above to ensure safety and compliance with environmental laws. Such changes in implementation of the safety zones may
be required as a result of factors that
could affect their associated marine
events such as weather, vessel traffic
density, spectator activities, participant behavior or potential environmental impacts.

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EFFECTIVE DATE NOTE: By USCG–2010–0315,
75 FR 32285, June 8, 2010, temporary § 165.T01–
0315 was added, effective June 8, 2010 through
11:59 p.m. on Sept. 29, 2010.

§ 165.T01–0519 Safety zone; ship repair
in Penobscot Bay, ME.
(a) Location. The following area is a
safety zone: All waters within a 100
yard radius of the drill ship STENA
FORTH while at anchor in Penobscot
Bay, Maine, in approximate position:
44°06′54″ N., 069°02′54″ W., one mile
northeast of Rockland Harbor Breakwater Light (LLNR 4130), and approximately one and a half miles north of
Owl’s Head, Maine.
(b) Notification. Coast Guard Sector
Northern New England will cause no-

tice of the enforcement of this temporary 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 Local Notice to Mariners and
Broadcast Notice to Mariners.
(c) Effective period. This safety zone is
effective from 12:01 a.m. on June 15,
2010, until 11:59 p.m. on July 5, 2010.
(d) Enforcement Period. The safety
zone in this section will be enforced
while the drill ship STENA FORTH is
at anchor in Penobscot Bay, Maine.
(e) Regulations. (1) The general regulations contained in 33 CFR 165.23
apply. During the enforcement period,
entry into, transiting, mooring, anchoring or remaining within this safety
zone is prohibited unless authorized by
the Captain of the Port or his designated representatives.
(2) This temporary safety zone is
closed to all vessel traffic, except as
may be permitted by the Captain of the
Port or his designated representative.
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 or
his designated representatives.
(3) The ‘‘designated representative’’
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 may be on a Coast Guard
vessel, a Coast Guard Auxiliary vessel,
or onboard a local or state agency vessel that is authorized to act in support
of the Coast Guard. In addition, members of the Coast Guard Auxiliary or
Cianbro repair crew may be present to
inform vessel operators of this regulation.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port or his
designated representative by telephone
at 207–767–0303 or via VHF radio channel 16 to obtain permission to do so.
EFFECTIVE DATE NOTE: By USCG–2010–0519,
75 FR 35301, June 22, 2010, temporary
§ 165.T01–0519 was added, effective June 22,
2010 through 11:59 p.m. on July 5, 2010.

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§ 165.100

§ 165.T01–0542 Safety Zones: Neptune
Deepwater Port, Atlantic Ocean,
Boston, MA.
(a) Location. The following areas are
safety zones: All navigable waters of
the United States within a 500-meter
radius of each of the two STL buoys of
the Neptune Deepwater Port, marked
on the surface of the water by several
small, white buoys labeled LNG with
red flags and radar-reflected buoys
known as ‘‘Hi Flyers’’ located at approximate
positions
42°29′12.3″
N,
070°36′29.7″ W and 42° 27′20.5″ N,
070°36′07.3″ W. [NAD83].
(b) Notification. Coast Guard Sector
Boston will cause notice of the enforcement of this temporary safety zone to
be made by all appropriate means to affect the widest publicity among the effected segments of the public, including publication in the Local Notice to
Mariners and Broadcast Notice to
Mariners.
(c) Enforcement period. This safety
zone will be enforced at 12:01 a.m. Saturday June 12, 2010 until 11:59 p.m. December 31, 2010.
(d) 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 Boston (COTP).
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.
(e) Regulations. (1) The general regulations contained in 33 CFR 165.23
apply.
(2) In accordance with the general
regulations entry into or movement
within these safety zones is prohibited
unless authorized by the Captain of the
Port Boston. Liquefied Natural Gas
Carrier vessels and related Support
Vessels calling on the Neptune Deepwater Port are authorized to enter and
move within the safety zones of this
section in the normal course of their
operations.
(3) All persons and vessels shall comply with the Coast Guard Captain of
the Port or authorized representative.

(4) Upon being hailed by an authorized representative by siren, radio,
flashing light or other means, the operator of the vessel shall proceed as directed.
(5) Persons and vessels may contact
the Coast Guard to request permission
to enter the zone on VHF–FM Channel
16 or via phone at 617–223–5761.
[USCG–2010–0542, 75 FR 34932, June 21, 2010]
EFFECTIVE DATE NOTE: By USCG–2010–0542,
75 FR 34932, June 21, 2010, temporary
§ 165.T01–0542 was added, effective June 21,
2010 until 11:59 p.m., Dec. 31, 2010.

§ 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.

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§ 165.100

33 CFR Ch. I (7–1–10 Edition)

(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).
(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:

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§ 165.100

(A) The information described in
paragraphs (d)(3)(iii)(D) and (E) of this
section.
(B) Current weather conditions including visibility, wind, and sea state.
This information may be entered in either the voyage plan or towing vessel’s
log book.
(C) The channels of VHF radio to
monitor.
(D) Other considerations such as
availability of pilot, assist tug, berth,
and line-handlers, depth of berth at
mean low water, danger areas, and security calls.
(4) Navigation restriction areas. Unless
authorized by the cognizant COTP, no
tank barge may operate in—
(i) The waters of Cape Cod Bay south
of latitude 42°5′ North and east of longitude 70°25′ West; or
(ii) The waters of Fishers Island
Sound east of longitude 72°2′ West, and
west of longitude 71°55′ West.
(5) Special Buzzards Bay regulations.
(i) For the purposes of this section,
‘‘Buzzards Bay’’ is the body of water
east and north of a line drawn from the
southern tangent of Sakonnet Point,
Rhode Island, in approximate position
latitude 41°–27.2′ North, longitude 70°–
11.7′ West, to the Buzzards Bay Entrance Light in approximate position
latitude 41°–23.5′ North, longitude 71°–
02.0′ West, and then to the southwestern tangent of Cuttyhunk Island,
Massachusetts, at approximate position latitude 41°–24.6′ North, longitude
70°–57.0′ West, and including all of the
Cape Cod Canal to its eastern entrance,
except that the area of New Bedford
harbor within the confines (north) of
the hurricane barrier, and the passages
through the Elizabeth Islands, is not
considered to be ‘‘Buzzards Bay’’.
(ii) Additional positive control for
barges. Except as provided in paragraph
(d)(1)(iii) of this section, each single
hull tank barge transiting Buzzards
Bay and carrying 5,000 or more barrels
of oil or other hazardous material
must, in addition to its primary tug, be
accompanied by an escort tug of sufficient capability to promptly push or
tow the tank barge away from danger
of grounding or collision in the event
of—
(A) A propulsion failure;
(B) A parted tow line;

(C) A loss of tow;
(D) A fire;
(E) Grounding;
(F) A loss of steering; or
(G) Any other time a vessel may be
operating in a Hazardous Vessel Operating Condition as defined in § 161.2 of
this subchapter.
(iii) Federal pilotage. Each single hull
tank barge transiting Buzzards Bay
and carrying 5,000 or more barrels of oil
or other hazardous material must be
under the direction and control of a
pilot, who is not a member of the crew,
operating under a valid, appropriately
endorsed, Federal first class pilot’s license issued by the Coast Guard (‘‘federally licensed pilot’’). Pilots are required to embark, direct, and control
from the primary tug during transits of
Buzzards Bay.
(iv) In addition to the vessels denoted
in § 161.16 of this chapter, requirements
set forth in subpart B of 33 CFR part
161 also apply to any vessel transiting
VMRS Buzzards Bay required to carry
a bridge-to-bridge radiotelephone by
part 26 of this chapter.
(A) A VMRS Buzzards Bay user must:
(1) Not enter or get underway in the
area without first notifying the VMRS
Center;
(2) Not enter VMRS Buzzards Bay if a
Hazardous Vessel Operating Condition
or circumstance per § 161.2 of this Subchapter exists;
(3) If towing astern, do so with as
short a hawser as safety and good seamanship permits;
(4) Not meet, cross, or overtake any
other VMRS user in the area without
first notifying the VMRS center;
(5) Before meeting, crossing, or overtaking any other VMRS user in the
area, communicate on the designated
vessel bridge-to-bridge radiotelephone
frequency, intended navigation movements, and any other information necessary in order to make safe passing
arrangements. This requirement does
not relieve a vessel of any duty prescribed by the International Regulations for Prevention of Collisions at
Sea, 1972 (33 U.S.C. 1602(c)) or the Inland Navigation Rules (33 U.S.C. 2005).
(B) [Reserved]

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§ 165.101

33 CFR Ch. I (7–1–10 Edition)

(e) In addition to the authority for
this part 165, this section is also authorized under authority of section 311,
Pub. L. 105–383.
[CGD1–98–151, 63 FR 71770, Dec. 30, 1998, as
amended by CGD01–98–151, 64 FR 12749, Mar.
15, 1999; USCG–1999–5832, 64 FR 34715, June 29,
1999; CGD01–98–151, 65 FR 35838, June 6, 2000;
CGD01–04–133, 72 FR 50058, Aug. 30, 2007; 72
FR 70780, Dec. 13, 2007; USCG–2008–0179, 73 FR
35016, June 19, 2008]

§ 165.101 Kittery,
navigation area.

Maine—regulated

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

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§ 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]

§ 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

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Coast Guard, DHS

§ 165.106

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.

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[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:
(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]

§ 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

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33 CFR Ch. I (7–1–10 Edition)

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.

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[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 ra-

dius 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,
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.
[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

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Coast Guard, DHS

§ 165.113

Constitution is under way—300 yards in
all directions in the waters around the
U.S.S. Constitution and each parade vessel accompanying Constitution whenever the U.S.S. Constitution is underway in Boston Harbor from the time
such vessels depart their respective
berths until the time they complete
their transit and are safely moored.
(2) Whenever Constitution is moored
at Pier 1, Charlestown Navy Yard—the
waters between Hoosac Pier and Pier 1,
Charlestown Navy Yard, from the
imaginary line connecting the outer
easternmost point protruding into Boston Harbor from Hoosac Pier to the
outer westernmost point protruding
into Boston Harbor from Pier 1,
Charlestown Navy Yard, extending inbound along the face of both piers to
the landside points where both piers
end.
(3) Around the U.S.S. Constitution—
fifty yards in all directions in the waters around Constitution when the vessel is moored at any Boston berthing
location other than Pier 1, Charlestown
Navy Yard.
(b) The general regulations governing
safety zones as contained in 33 CFR
165.23 apply.
[CGD1 91–109, 57 FR 30407, July 9, 1992]

§ 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.

erowe on DSK5CLS3C1PROD with CFR

[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
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

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§ 165.114

33 CFR Ch. I (7–1–10 Edition)

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.

erowe on DSK5CLS3C1PROD with CFR

[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 com-

missioned, warrant, and petty officers
of the Coast Guard on board Coast
Guard, Coast Guard Auxiliary, local,
state, and federal law enforcement vessels.
[CGD01–01–227, 67 FR 20912, Apr. 29, 2002, as
amended by CGD01–01–227, 67 FR 63265, Oct.
11, 2002]

§ 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°56′59.3″ N, 070°34′58.5″ W; thence to
1°57′12.2″ N, 070°34′41.9″ W; thence to
41°56′42.3″ N, 070°34′00.1″ W; thence to
41°56′29.5″ N, 070°34′14.5″ 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, as
amended by USCG–2009–0311, 74 FR 50925, Oct.
2, 2009]

§ 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)

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Coast Guard, DHS

§ 165.117

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.

erowe on DSK5CLS3C1PROD with CFR

[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]

(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.

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§ 165.120

33 CFR Ch. I (7–1–10 Edition)

(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.

erowe on DSK5CLS3C1PROD with CFR

[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

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.
[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′

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Coast Guard, DHS

§ 165.122

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]

erowe on DSK5CLS3C1PROD with CFR

§ 165.122 Regulated Navigation Area:
Navigable waters within Narragansett Bay and the Providence River,
Rhode Island.
(a) Description of the regulated navigation area (RNA). The Regulated Navigation Area (RNA) encompasses all of the
navigable waters of Narragansett Bay
north of the COLREGS demarcation
line and west of the Mt. Hope Bridge,
and all of the navigable waters of the
Providence River from Conimicut

Point to the Providence hurricane barrier.
(b) Regulations. (1) All commercial
vessels must:
(i) Maintain a minimum 10% of the
vessel’s draft as an under-keel clearance when not assisted by tugs, or
when not moored at an assigned berth.
Under-keel clearance is the minimum
clearance available between the deepest point on the vessel and the bottom
of the waterway, in calm water.
(ii) Have at least one mile of visibility to transit the Providence River
between 41°43′01.4″ N; 071°20′41.7″ W
(Conimicut Light (LLNR 18305)) and
41°47′38.8″ N; 071°22′46.7″ W (Channel
Light 42 (LLNR 18580)).
(2) Vessels over 65 feet in length inbound for berths in the Providence
River are required to make Safety Signal (SECURITE) calls on both VHF
channels 13 and 16 at the following geographic locations:
(i) Pilot Boarding Area;
(ii) Abeam of Castle Hill;
(iii) Abeam of Sandy Point;
(iv) Abeam of 41°43′01.4″ N; 071°20′41.7″
W (Conimicut Point Light (LLNR
18305));
(v) Abeam of Sabin Point; and
(vi) Upon mooring.
(3) Vessels over 65 feet in length inbound for berths in Mount Hope Bay or
in the Taunton River are required to
make SECURITE calls on both VHF
channels 13 and 16 at the following geographic locations:
(i) Pilot Boarding Area;
(ii) Abeam of Castle Hill;
(iii) Abeam of Sandy Point; and
(iv) At position 41°39′32.4″ N;071°14′
02.6″ W (Mount Hope Bay Junction
Lighted Gong Buoy ‘‘MH’’ (LLNR
18790)).
(4) Vessels over 65 feet in length outbound for sea down the Providence
River Channel shall make SECURITE
calls on VHF channels 13 and 16 at the
following geographic locations:
(i) One-half hour prior to departure
from the berth;
(ii) At departure from the berth;
(iii) Abeam of Sabin Point;
(iv) Abeam of Gaspee Point; and
(v) Abeam of position 41°43′01.4″ N;
071°20′41.7″ W (Conimicut Light (LLNR
18305)).

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§ 165.130

33 CFR Ch. I (7–1–10 Edition)

(5) Vessels over 65 feet in length outbound for sea down from Mount Hope
Bay through Narragansett Bay are required to make SECURITE calls on
VHF channels 13 and 16 at the following geographic locations:
(i) One-half hour prior to departure
from the berth;
(ii) At departure from the berth; and
(iii) At position 41°39′32.4″ N;071°14′
02.6″ W (Mount Hope Bay Junction
Lighted Gong Buoy ‘‘MH’’ (LLNR
18790)).
(6) Vessels 65 feet and under in
length, and all recreational vessels,
when meeting deep draft commercial
vessel traffic in all locations within
this RNA shall keep out of the way of
the oncoming deep draft commercial
vessel. Nothing in this regulation, however, relieves a vessel of any duty prescribed in the Inland Navigation Rules
(set forth in 33 U.S.C. 2005 et seq.)
(7) The Captain of the Port (COTP)
Southeastern New England may authorize a deviation from these regulations. Parties wishing to request a deviation must do so in advance by contacting the COTP Southeastern New
England, at 508–457–3211, or via VHF
Channel 13 (156.7 MHz), or VHF channel
16 (156.8 MHz). Any person or vessel receiving permission from the COTP to
deviate from these regulations must
comply with any specific instructions
provided by the COTP.
(c) Enforcement. Violations of this
RNA should be reported to the COTP
Southeastern New England at 508–457–
3211. Persons found in violation of
these regulations may be subject to
civil or criminal penalties as provided
for in 33 U.S.C. 1232.
[USCG–2009–0143, 75 FR 15347, Mar. 29, 2010]

erowe on DSK5CLS3C1PROD with CFR

§ 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
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]

§ 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

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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 Division when operating in Security Zone
A.

erowe on DSK5CLS3C1PROD with CFR

[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
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.

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33 CFR Ch. I (7–1–10 Edition)

(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.

erowe on DSK5CLS3C1PROD with CFR

[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
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.

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(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 1000-

foot 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
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]

§ 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′

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33 CFR Ch. I (7–1–10 Edition)

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.

erowe on DSK5CLS3C1PROD with CFR

[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.
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

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§ 165.154

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 authoriza-

tion from the COTP prior to transiting
or any intentional vessel movements,
including, but not limited to, shifting
berths, departing anchorage, or getting
underway from a mooring. This section
does not apply to vessels in innocent
passage not bound for a port or place
subject to the jurisdiction of the
United States.
(6) Ferry vessels. Vessels of 300 gross
tons or more are prohibited from entering all waters within a 1200-yard radius
of any ferry vessel transiting in any
portion of the Long Island Sound Marine Inspection and COTP Zone without first obtaining the express prior
authorization of the ferry vessel 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.
[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

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33 CFR Ch. I (7–1–10 Edition)

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.

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[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
vessels via Marine Safety Information
Radio Broadcast.
[CGD3 85–86, 51 FR 37181, Oct. 20, 1986. Redesignated by CGD 87–008b, 52 FR 25218, July 6,
1987]

§ 165.156 Regulated Navigation Area:
East Rockaway Inlet to Atlantic
Beach Bridge, Nassau County, Long
Island, New York.
(a) Location. The following area is a
Regulated Navigation Area: All waters
of East Rockaway Inlet in an area
bounded by lines drawn from position
40°34′56″ N, 073°45′19″ W, (approximate
position of Silver Point breakwater
buoy, LLNR 31500) running north to a
point of land on the northwest side of
the inlet at position 40°35′28″ N,
073°46′12″ W, thence easterly along the
shore to the east side of the Atlantic
Beach Bridge, State Route 878, over
East Rockaway Inlet, thence across the
bridge to the south side of East Rockaway Inlet, thence westerly along the
shore and across the water to the beginning.
(b) Regulations. (1) The general regulations contained in 33 CFR 165.10,
165.11, and 165.13 apply.
(2) In accordance with the general
regulations, the following regulations
apply to vessels carrying petroleum
products in excess of 250 barrels:
(i) The vessel must have plans in
place to maintain a minimum of two
feet under keel clearance at all times.
(ii) A vessel requiring a nighttime
transit through East Rockaway Inlet
may only do so only after receiving approval from the Captain of the Port
Long Island Sound.
(iii) Vessels are prohibited from
transiting East Rockaway Inlet if a
small craft advisory or greater has
been issued for the area unless specific
approval is received from the Captain
of the Port Long Island Sound.
(iv) In an emergency, any vessel may
deviate from the regulations in this
section to the extent necessary to

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Coast Guard, DHS

§ 165.161

avoid endangering the safety of persons, the environment, and or property. If deviation from the regulations
is necessary, the master or their designee shall inform the Coast Guard as
soon as it is practicable to do so.
(c) Waivers. (1) The Captain of the
Port Long Island Sound 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
through the Regulated Navigation
Area.

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

[USCG–2008–0085, 74 FR 57887, Nov. 10, 2009]

§ 165.161 Safety zones: Coast Guard
Captain of the Port New York annual fireworks displays.

§ 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.

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

(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:

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§ 165.162

33 CFR Ch. I (7–1–10 Edition)

(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
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.

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§ 165.164

(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]

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§ 165.163 Safety Zones; Port of New
York/New Jersey Fleet Week.
(a) The following areas are established as safety zones:
(1) Safety Zone A—(i) Location. A moving safety zone for the Parade of Ships
including all waters 500 yards ahead
and astern, and 200 yards of each side
of the designated column of parade vessels as it transits the Port of New York
and New Jersey from the Verrazano
Narrows Bridge to Riverside State
Park on the Hudson River between
West 137th and West 144th Streets,
Manhattan.
(ii) Enforcement period. Paragraph
(a)(1)(i) of this section is enforced annually from 8 a.m. until 5 p.m. on the
Wednesday before Memorial Day.
(2) Safety Zone B—(i) Location. A safety zone including all waters of the Hudson River between Piers 83 and 90, Manhattan, from the parade column east to
the Manhattan shoreline.
(ii) Enforcement period. Paragraph
(a)(2)(i) of this section is enforced annually from 8 a.m. until 5 p.m. on the
Wednesday before Memorial Day.
(3) Safety Zone C—(i) Location. A moving safety zone including all waters of
the Hudson River within a 200-yard radius of each parade vessel upon its
leaving the parade of ships until it is
safely berthed.
(ii) Enforcement period. Paragraph
(a)(3)(i) of this section is enforced annually from 8 a.m. until 5 p.m. on the
Wednesday before Memorial Day.
(4) Safety Zone D—(i) Location. A safety zone including all waters of the Hudson River bound by the following
points: from the southeast corner of
Pier 90, Manhattan, where it intersects
the seawall, west to approximate position 40°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,

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§ 165.166

33 CFR Ch. I (7–1–10 Edition)

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
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 commis-

sioned, warrant, and petty officers of
the Coast Guard. Upon being hailed by
a U.S. Coast Guard vessel using siren,
radio, flashing light, or other means,
the operator of a vessel shall proceed
as directed.
[CGD01–98–006, 64 FR 24948, May 10, 1999, as
amended by CGD01–00–146, 65 FR 47320, Aug.
2, 2000]

§ 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.

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Coast Guard, DHS

§ 165.168

These personnel comprise commissioned, warrant, and petty officers of
the Coast Guard. Upon being hailed by
a U.S. Coast Guard vessel by siren,
radio, flashing light, or other means,
the operator of a vessel shall proceed
as directed.
(4) Vessels equal to or greater than 20
meters (65.6 feet) in length, carrying
persons for the purpose of viewing the
fireworks, may take position in an area
inside the safety zone, at least 200
yards off the bulkhead on the west
bank and just off the pierhead faces on
the east bank of the East River between the Williamsburg Bridge and
North 9th Street, Brooklyn. This area
is bound by the following points:
40°42′45.5″ N 073°58′07.4″ W; thence to
40°42′50.4″ N 073°58′23.2″ W; thence to
40°43′23.1″ N 073°58′12.7″ W; thence to
40°43′21.5″ N 073°57′45.7″ W; (NAD 1983)
thence back to the point of beginning.
All vessels must be in this location by
6:30 p.m. (e.s.t.) the day of the event.

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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 ra-

dius 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.

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§ 165.168

33 CFR Ch. I (7–1–10 Edition)

(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
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.

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(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
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.

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§ 165.169

33 CFR Ch. I (7–1–10 Edition)

(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.

erowe on DSK5CLS3C1PROD with CFR

[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]

§ 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, pro-

vision, 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, 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 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:

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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,
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

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33 CFR Ch. I (7–1–10 Edition)

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.
(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

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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.
(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 des-

ignated 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

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§ 165.169

33 CFR Ch. I (7–1–10 Edition)

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
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.

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(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
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]

§ 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.T05–0091 Safety Zone; Alligator
River, NC.
(a) Definitions. For the purposes of
this section, Captain of the Port means
the Commander, Sector North Carolina. Representative means any Coast
Guard commissioned, warrant, or petty
officer who has been authorized to act
on the behalf of the Captain of the
Port.
(b) Location. The following area is a
safety zone: The temporary safety zone
will encompass a 100 yard radius on the
waters of the Alligator River centered
at (35°54′3″ N/076°00′25″ W) a position directly under the U.S. Highway 64 Swing
Bridge.
(c) Regulations. (1) The general regulations contained in § 165.23 of this part

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§ 165.500

33 CFR Ch. I (7–1–10 Edition)

apply to the area described in paragraph (b) of this section.
(2) Persons or vessels requiring entry
into or passage through any portion of
the safety zone must first request authorization from the Captain of the
Port, or a designated representative,
unless the Captain of the Port previously announced via Marine Safety
Radio Broadcast on VHF Marine Band
Radio channel 22 (157.1 MHz) that this
regulation will not be enforced in that
portion of the safety zone. The Captain
of the Port can be contacted at (252)
247–4570 or by VHF Marine Band Radio
channels 13 and 16.
(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 zone will
be in effect from 7 p.m. to 7 a.m. daily
from July 1, 2010 through September 30,
2010. A daily opening will be provided
at 1 a.m. if a two hour advanced notice
is provided to the contractor by contacting the bridge at telephone number
(252) 796–7261 or VHF Marine Band
Radio channel 13.

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EFFECTIVE DATE NOTE: By USCG–2010–0091,
75 FR 34367, June 17, 2010, temporary
§ 165.T05–0091 was added, effective from 7 p.m.
July 1, 2010 through 7 a.m. Sept. 30, 2010.

§ 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.

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§ 165.501

(2) Inland zone. The waters enclosed
by the shoreline and the following
lines:
(i) A line drawn across the entrance
to Chesapeake Bay between Wise Point
and Cape Charles Light, and then continuing to Cape Henry Light.
(ii) A line drawn across the Chesapeake Bay between Old Point Comfort
Light and Cape Charles City Range
‘‘A’’ Rear Light.
(iii) A line drawn across the James
River along the eastern side of U.S.
Route 17 highway bridge, between Newport News and Isle of Wight County,
Virginia.
(iv) A line drawn across Chuckatuck
Creek along the northern side of the
north span of the U.S. Route 17 highway bridge, between Isle of Wight
County and Suffolk, Virginia.
(v) A line drawn across the
Nansemond River along the northern
side of the Mills Godwin (U.S. Route 17)
Bridge, Suffolk, Virginia.
(vi) A line drawn across the mouth of
Bennetts Creek, Suffolk, Virginia.
(vii) A line drawn across the Western
Branch of the Elizabeth River along
the eastern side of the West Norfolk
Bridge, Portsmouth, Virginia.
(viii) A line drawn across the Southern Branch of the Elizabeth River
along the northern side of the I–64
highway bridge, Chesapeake, Virginia.
(ix) A line drawn across the Eastern
Branch of the Elizabeth River along
the western side of the west span of the
Campostella Bridge, Norfolk, Virginia.
(x) A line drawn across the Lafayette
River along the western side of the
Hampton Boulevard Bridge, Norfolk,
Virginia.
(xi) A line drawn across Little Creek
along the eastern side of the Ocean
View Avenue (U.S. Route 60) Bridge,
Norfolk, Virginia.
(xii) A line drawn across Lynnhaven
Inlet along the northern side of Shore
Drive (U.S. Route 60) Bridge, Virginia
Beach, Virginia.
(b) Definitions. In this section:
CBBT means the Chesapeake Bay
Bridge Tunnel.
Coast Guard Patrol Commander is a
Coast Guard commissioned, warrant or
petty officer who has been designated
by the Commander, Coast Guard 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

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§ 165.501

33 CFR Ch. I (7–1–10 Edition)

anchor or moor in the inland waters of
the Regulated Navigation Area outside
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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§ 165.502

(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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§ 165.503

33 CFR Ch. I (7–1–10 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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Coast Guard, DHS

§ 165.505

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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§ 165.506

33 CFR Ch. I (7–1–10 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.

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[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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Coast Guard, DHS

§ 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

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(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 (7–1–10 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.

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(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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§ 165.506

33 CFR Ch. I (7–1–10 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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Coast Guard, DHS

§ 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.

erowe on DSK5CLS3C1PROD with CFR

(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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§ 165.507

33 CFR Ch. I (7–1–10 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]

erowe on DSK5CLS3C1PROD with CFR

§ 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.

erowe on DSK5CLS3C1PROD with CFR

[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 (7–1–10 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 (7–1–10 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 (7–1–10 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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Coast Guard, DHS

§ 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 (7–1–10 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 (7–1–10 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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§ 165.555

33 CFR Ch. I (7–1–10 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 (7–1–10 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 (7–1–10 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.

erowe on DSK5CLS3C1PROD with CFR

[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.

erowe on DSK5CLS3C1PROD with CFR

[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 (7–1–10 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]

erowe on DSK5CLS3C1PROD with CFR

§ 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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Coast Guard, DHS

§ 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.

erowe on DSK5CLS3C1PROD with CFR

[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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§ 165.729

33 CFR Ch. I (7–1–10 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.

erowe on DSK5CLS3C1PROD with CFR

[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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erowe on DSK5CLS3C1PROD with CFR

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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§ 165.751

33 CFR Ch. I (7–1–10 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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Coast Guard, DHS
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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§ 165.755

33 CFR Ch. I (7–1–10 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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erowe on DSK5CLS3C1PROD with CFR

Coast Guard, DHS

§ 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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§ 165.756

33 CFR Ch. I (7–1–10 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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§ 165.757

(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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§ 165.758

33 CFR Ch. I (7–1–10 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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Coast Guard, DHS

§ 165.760

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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§ 165.760

33 CFR Ch. I (7–1–10 Edition)

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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Coast Guard, DHS

§ 165.761

(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 (7–1–10 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 (7–1–10 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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§ 165.769

33 CFR Ch. I (7–1–10 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.

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[USCG–2008–0013, 73 FR 6613, Feb. 5, 2008]

§ 165.769 Security Zone; Escorted Vessels, Charleston, South Carolina,
Captain of the Port Zone
(a) Definitions. The following definitions apply to this section:
COTP means Captain of the Port
Charleston, SC.
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:
Coast Guard surface or air asset displaying the Coast Guard insifnia.
State and/or local law enforcement
asset displaying the applicable agency
markings and/or equipment associated
with the agency.
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 in 33 CFR 2.36, within
the Captain of the Port Zone, Charleston, South Carolina 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 applies to this section.
(2) A vessel may request the permission of the COTP Charleston 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
Charleston may be reached via phone
at (843) 724–7616. Any on scene Coast

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Coast Guard, DHS

§ 165.773

Guard or designated representative assets may be reached via VHF-FM channel 16.
[USCG–2007–0115, 73 FR 30562, May 28, 2008]

§ 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]

erowe on DSK5CLS3C1PROD with CFR

§ 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
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

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erowe on DSK5CLS3C1PROD with CFR

§ 165.775

33 CFR Ch. I (7–1–10 Edition)

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
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;

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Coast Guard, DHS

§ 165.777

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 representative assets may be reached on VHF–FM
channel 16.

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[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
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

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§ 165.778

33 CFR Ch. I (7–1–10 Edition)

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.

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[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.
(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.T08–290 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

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Coast Guard, DHS

§ 165.803

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.

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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
the Black Hawk Point Light, mile 316.1
AHP LMR to a point opposite Ft.
Adams Light, mile 311.5 AHP along the
low water reference plane above the
right descending bank; thence to the
levee on a line perpendicular to the
channel centerline; thence along the
levee to the upstream end of the Old

River Overbank structure; thence
along a line to the Black Hawk Point
Light.
(b) Any vessel desiring to enter this
safety zone must first obtain permission from the Captain of the Port, New
Orleans. The resident engineer at Old
River Control Structure (WUG–424) is
delegated the authority to permit
entry into this safety zone.
[CGD8–87–10, 53 FR 15207, Apr. 28, 1988, as
amended by CGD8 89–03, 54 FR 16108, Apr. 21,
1989]

§ 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.

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(2) Each written request for a waiver
must state the need for the waiver and
describe the proposed operation.
(3) Under unusual circumstances due
to time constraints, the person in
charge may orally request an immediate waiver from the COTP. The written request for a waiver must be submitted within five working days after
the oral request.
(4) The COTP may, at any time, terminate any waiver issued under this
subsection.
(c) Emergencies. In an emergency, a
person may depart from any regulation
in this section to the extent necessary
to avoid immediate danger to persons,
property or the environment.
(d) Mooring: General. (1) No person
may secure a barge to trees or to other
vegetation.
(2) No person may allow a barge to be
moored with unraveled or frayed lines
or other defective or worn mooring.
(3) No person may moor barges side
to side unless they are secured to each
other from fittings as close to each corner of abutting sides as practicable.
(4) No person may moor barges end to
end unless they are secured to each
other from fittings as close to each corner of abutting ends as practicable.
(e) Mooring to a mooring device. (1) A
barge may be moored to mooring devices if the upstream end of that barge
is secured to at least one mooring device and the downstream end is secured
to at least one other mooring device,
except that from mile 127 to mile 240 a
barge may be moored to mooring devices if the upstream end of that barge
is secured to at least one mooring device.
(2) Barges moored in tiers may be
shifted to mooring devices if the shoreward barge at the upstream end of the
tier is secured to at least one mooring
device, and the shoreward barge at the
downstream end of the tier is secured
to at least one other mooring device,
except that from mile 127 to mile 240
barges moored in tiers may be shifted
to mooring devices if the shoreward
barge at the upstream end of the tier is
secured to at least one mooring device.
(3) Each wire rope used between the
upstream end of a barge and a mooring
device must have at least a diameter of
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

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Coast Guard, DHS

§ 165.803

(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.

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NOTE: The requirements in paragraph (i)(3)
of this section for the listing of hazardous
cargo refer to cargoes regulated by Subchapters D and O of Chapter I, Title 46, Code
of Federal Regulations.

(j) Fleeting facility: Surveillance. (1)
The person in charge of a fleeting facility shall assign a person to be in continuous surveillance and to observe the
barges in the fleeting facility. Joint
use of this person by adjacent facilities
may be considered upon submisssion of
a detailed proposal for a waiver to the
COTP.
(2) The person who observes the
barges shall:
(i) Inspect for movements that are
unusual for properly secured barges;
and
(ii) Take immediate action to correct
each deficiency.
(k) Fleeting facility: person in charge.
The person in charge of a fleeting facility shall ensure that each deficiency
found under the requirements of paragraph (h) or (j) of this section is corrected.
(l) Securing breakaways. The person in
charge shall take immediate action to:
(1) Secure each breakaway; and

(2) Report each breakaway as soon as
possible to the COTP by telephone,
radio or other means of rapid communication.
(m) High water. (1) This subsection
applies to barges on the Mississippi
River between miles 88 and 240 above
Head of Passes when:
(i) The Carrollton gage stands 12 feet
or more; or
(ii) The Carrollton gage stands 10
feet, the U.S. Army Corps of Engineers
forecasts the Mississippi River is rising
to 12 feet, and the District Commander
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

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33 CFR Ch. I (7–1–10 Edition)

(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]

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§ 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.
(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 emer-

gency via the most rapid means available.
[CGD 79–034, 47 FR 29660, July 8, 1982, as
amended by USCG–2000–7223, 65 FR 40058,
June 29, 2000]

§ 165.805 Security Zones; Calcasieu
River and Ship Channel, Louisiana.
(a) Location. (1) The following areas
are designated as fixed security zones
(all coordinates are based upon North
American Datum of 1983 [NAD 83]):
(i) Trunkline LNG basin. All waters
encompassed by a line connecting the
following points, beginning at 30°06′36″
N, 93°17′36″ W, south to a point 30°06′33″
N, 93°17′36″ W, east to a point 30°06′30″
N, 93°17′02″ W, north to a point 30°06′33″
N, 93°17′01″ W, then tracing the shoreline along the water’s edge to the point
of origin.
(ii) Cameron LNG basin. All waters encompassed by a line connecting the following points, beginning at 30°02′33″ N,
093°19′53″ W, east to a point at 30°02′34″
N, 093°19′50″ W, south to a point at
30°02′10″ N, 093°19′52″ W and west to a
point at 30°02′10″ N, 93°19′59″ W, then
tracing the shoreline along the water’s
edge to the point of origin.
(iii) PPG Industries basin. All waters
encompassed by a line connecting the
following points: Beginning at 30°13′29″
N, 93°16′34″ W, southwest to a point at
30°13′11″ N, 93°16′51″ W, then proceeding
southerly following 100 feet off the
shoreline to a point at 30°12′57.2″ N,
93°16′53.2″ W, then east to a point at
30°12′57.2″ N, 93°16′50.6″ W then southerly to a point at 30°12′47.7″ N,
93°16′50.3″ W then west to the shoreline
and then following along the water’s
edge to the point of origin.
(2) The following areas are moving
security zones: All waters within the
Captain of the Port, Port Arthur zone
commencing at U.S. territorial waters
and extending channel edge to channel
edge on the Calcasieu Channel and
shoreline to shoreline on the Calcasieu
River, 2 miles ahead and 1 mile astern
of certain designated vessels while in
transit. Meeting, crossing or overtaking situations are not permitted
within the security zone unless specifically authorized by the Captain of the
Port. Coast Guard patrol assets will be

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on scene with flashing blue lights energized when the moving security zones
are in effect.
(b) Regulations. (1) Entry into or remaining in a fixed zone described in
paragraph (a)(1) of this section is prohibited for all vessels except:
(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 or logistical 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) Entry into or remaining in moving zones described in paragraph (a)(2)
of this section is prohibited for all vessels except:
(i) Moored vessels or vessels anchored
in a designated anchorage area. A
moored or an anchored vessel in a security zone described in paragraph (a)(2)
of this section must remain moored or
anchored unless it obtains permission
from the Captain of the Port to do otherwise;
(ii) Commercial vessels operating at
waterfront facilities located within the
zone;
(iii) Vessels providing direct operational support to commercial vessels
within a moving security zone;
(iv) Vessels operated by federal,
state, county, or municipal agencies.
(3) Other persons or vessels requiring
entry into security zones described in
this section must request permission
from the Captain of the Port, Port Arthur or designated representatives.
(4) To request permission as required
by these regulations, contact Marine
Safety Unit Lake Charles at (337) 491–
7800 or the on scene patrol vessel.
(5) All persons and vessels within a
security zone described in this section
must comply with the instructions of
the Captain of the Port, Port Arthur,
designated on-scene U.S. Coast Guard
patrol personnel or other designated
representatives. On-scene U.S. Coast
Guard patrol personnel include commissioned, warrant, and petty officers

of the U.S. Coast Guard. Designated
representatives include federal, state,
local and municipal law enforcement
agencies.
(c) Informational broadcasts: The Captain of the Port, Port Arthur will inform the public when moving security
zones have been established around
vessels via Broadcast Notices to Mariners and written notice provided by escort vessels.
[USCG–2009–0317, 75 FR 18757, Apr. 13, 2010]

§ 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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33 CFR Ch. I (7–1–10 Edition)

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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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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33 CFR Ch. I (7–1–10 Edition)

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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

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erowe on DSK5CLS3C1PROD with CFR

Coast Guard, DHS

§ 165.811

ensure that the vessel is in compliance
with 33 CFR part 164.
(3) The master shall ensure that the
chief engineer has certified that the
following additional operating conditions will be satisfied so long as the
vessel is under way within the RNA:
(i) The main propulsion plant is in all
respects ready for operations including
the main-propulsion air-start systems,
fuel systems, lubricating systems, cooling systems, and automation systems;
(ii) Cooling, lubricating, and fuel-oil
systems are at proper operating temperatures;
(iii) Main propulsion machinery is
available to immediately respond to
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, Wy-

andotte 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

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§ 165.812

33 CFR Ch. I (7–1–10 Edition)

(2) through the navigational opening
of the U.S. 90 Highway Bridge: or
(3) through the navigational opening
of the Highway 182 Bridge.
(d) Towing requirements. (1) Towing on
a hawser is not authorized, except that
one self-propelled vessel may tow one
other vessel without barges upbound;
(2) A towing vessel and barges must
be arranged in tandem, except that one
vessel may tow one other vessel alongside;
(3) Length of tow must not exceed
1,180 feet; and
(4) Tows with a box end in the lead
must not exceed 400 feet in length.
NOTE: The variation in the draft and the
beam of the barges in a multi-barge tow
should be minimized in order to avoid unnecessary strain on coupling wires.

(e) Horsepower Requirement. (1) The
following requirements apply to a towing vessel of 3,000 hp or less:
TABLE 165.811(e)—MINIMUM AVAILABLE
HORSEPOWER REQUIREMENT
[The greater value listed.]
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

erowe on DSK5CLS3C1PROD with CFR

[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.

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Coast Guard, DHS

§ 165.814

(5) To request permission as required
by these regulations contact ‘‘New Orleans Traffic’’ via VHF Channels 13/67
or via phone at (504) 589–2780 or (504)
589–6261.
(6) All persons and vessels within the
moving security zones shall comply
with the instructions of the Captain of
the Port New Orleans and designated
on-scene U.S. Coast Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel include commissioned,
warrant, and petty officers of the U.S.
Coast Guard.
(c) Authority. In addition to 33 U.S.C.
1231, the authority for this section includes 33 U.S.C. 1226.
[COTP New Orleans–02–005, 67 FR 61989, Oct.
3, 2002]

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§ 165.813 Security Zones; Ports
Houston and Galveston, TX.

of

(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

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33 CFR Ch. I (7–1–10 Edition)

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
(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 of the Dow
Barge Canal north of a line drawn between 28°56.81′ N/095°18.33′ W and
28°56.63′ N/095°18.54′ W (NAD 1983).
(ii) The Brazos Harbor, containing all
waters west of a line drawn between
28°56.45′ N, 095°20.00′ W, and 28°56.15′ N,
095°20.00′ W (NAD 1983) at its junction
with the Old Brazos River.
(iii) The Dow Chemical plant, containing all waters of the Brazos Point
Turning Basin within 100′ of the north
shore and bounded on the east by the
longitude line drawn through 28°56.58′
N/095°18.64′ W and on the west by the
longitude line drawn through 28°56.64′
N/095°19.13′ W (NAD 1983).
(iv) The Seaway Teppco Facility,
containing all waters of the Brazos
Port Turning Basin bounded on the
south by the shore, the north by the
Federal Channel, on the east by the
longitude line running through 28°56.44′
N, 095°18.83′ W and 28°56.48′ N 095°18.83′
W and on the West by the longitude
line running through 28°56.12′ N,
095°19.27′ W and 28°56.11′ N, 095°19.34′ W
(NAD 1983).
(v) The Conoco Phillips Facility
docks, containing all waters within 100′
of a line drawn from a point on shore
at Latitude 28°55.96′ N, Longitude

095°19.77′ W, extending west to a point
on shore at Latitude 28°56.19′ N, Longitude 095°20.07′ W (NAD 1983).
(vi) The Freeport LNG Basin containing all waters shoreward of a line
drawn between the eastern point at
latitude 28°56′25″ N, 095°18′13″ W, and the
western point at 28°56′28″ N, 095°18′31″
W, east towards the jetties.
(b) 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. The Captain of the Port
Houston-Galveston’s designated representatives are any personnel granted
authority by the Captain of the Port
Houston-Galveston to receive, evaluate, and issue written security zone
entry permits, or the designated onscene U.S. Coast Guard patrol personnel described in paragraph (b)(4).
(3) To request permission as required
by these regulations contact ‘‘Houston
Traffic’’ via VHF Channels 11/12 or by
phone at (713) 671–5103.
(4) All persons and vessels shall comply with the instructions of the Captain of the Port Houston-Galveston and
designated on-scene U.S. Coast Guard
patrol personnel. On-scene U.S. Coast
Guard patrol personnel include commissioned, warrant, and petty officers
of the U.S. Coast Guard.
[COTP Houston-Galveston–02–009, 67 FR
23593, May 5, 2003, as amended by USCG–2009–
0501, 75 FR 8493, Feb. 25, 2010; USCG–2008–0124,
75 FR 11002, Mar. 10, 2010]

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Coast Guard, DHS

§ 165.818

§ 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.

erowe on DSK5CLS3C1PROD with CFR

[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:
(1) Vessels may not meet or pass in
the RNA.
(2) No vessel shall anchor, stop, remain or drift without power at any
time in the RNA.
(3) All vessels shall continually monitor VHF-FM channel 13 on their radiotelephone while in or approaching the
RNA.
(4) Prior to entering the RNA,
downbound vessels shall make a broadcast in the blind on VHF-FM channel
13 announcing their estimated time of

departure from Murray Lock and Dam
or from the mooring cells at mile 121.5
to ensure there are no upbound vessels
within the RNA. If there is upbound
traffic within the RNA, the downbound
vessel shall not depart until the
upbound vessel has passed through the
RNA. After departing, vessels will proceed through the RNA, including all
drawbridges located therein, without
delay.
(5) When upbound vessels reach mile
116, they shall make a broadcast in the
blind on VHF-FM channel 13 announcing their estimated arrival time at the
Rock Island Railroad Bridge at mile
118.2.
(6) When a downbound vessel is already in the RNA, an upbound vessel
shall adjust its speed so as to avoid a
meeting situation in the RNA.
(d) Refer to 33 CFR 117.123 for drawbridge operation regulations.
[CGD2–90–04, 57 FR 22176, May 27, 1992. Redesignated by CGD 96–026, 61 FR 33669, June 28,
1996]

§ 165.818 Moving Security Zones, for
certain vessels in Freeport Entrance Channel, Freeport, Texas.
(a) Location. The following areas are
security zones: All waters within the
Captain of the Port Houston-Galveston
Zone commencing at U.S. territorial
waters through the Freeport Entrance
Channel, from surface to bottom, one
thousand (1000) yards ahead and astern
and five hundred (500) yards on each
side of any vessel that has a moving security zone established around it.
(b) Regulations. Entry into or remaining in the zones described in paragraph
(a) of this section is prohibited unless
authorized as follows:
(1) Moored vessels or vessels anchored in a designated anchorage area
are permitted to remain moored or anchored if they come within a security
zone described in paragraph (a) of this
section. A moored or an anchored vessel in a security zone must remain
moored or anchored unless it obtains
permission from the Captain of the
Port to do otherwise.
(2) Commercial vessels operating at
the waterfront facilities within these
zones.

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33 CFR Ch. I (7–1–10 Edition)

(3) Commercial vessel transiting directly to or from waterfront facilities
within these zones.
(4) Vessels providing direct operational/logistic support to commercial
vessels within these zones.
(5) Vessels operated by the port authority or by facilities located within
these zones.
(6) Vessels operated by Federal,
State, county, or municipal agencies.
(7) All persons and vessels within the
moving security zone must 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.
(8) To request permission as required
by these regulations, contact the Sector Houston-Galveston Command Center by telephone at (713) 671–5113. In
Freeport, vessels should contact the
Captain of the Port’s designated onscene representative for the moving security zone on VHF Channel 16, or by
telephone at (979) 233–7551.
(c) Certain vessel definition. For the
purposes of this section, certain vessel
means any vessel within the 12 nautical mile U.S. Territorial Waters and
bound for the Port of Freeport that is
deemed to be in need of a moving security zone by the Captain of the Port,
Houston-Galveston for security reasons. In making this determination,
the Captain of the Port considers all
relevant security factors, including but
not limited to the presence of unusually harmful or hazardous substances
and the risk to population or infrastructure.
(d) Informational broadcasts. The Captain of the Port Houston-Galveston
will inform the public when moving security zones have been established
around certain vessels via Broadcast
Notice to Mariners on VHF channel 16
and 13. Vessels that have a moving security zone in place around them will
display the international signal flag or
pennant number five.
(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.
[USCG–2008–0125, 75 FR 8490, Feb. 25, 2010]

§ 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 permission is granted, all persons and vessels must comply with the instructions
of the Captain of the Port Pittsburgh
or his designated representative.
(c) Authority. In addition to 33 U.S.C.
1231, the authority for this section includes 33 U.S.C. 1226.
[COTP Pittsburgh–02–005, 67 FR 40163, June
12, 2002]

§ 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

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Coast Guard, DHS

§ 165.830

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.

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[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:
(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 channel unless expressly authorized by the
Captain of the Port St. Louis or designated representative.
(3) Persons or vessels requiring the
Captain of the Port St. Louis’ permission to enter the security zones must
contact the Coast Guard 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

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33 CFR Ch. I (7–1–10 Edition)

Atchafalaya River above mile 55.0, including the Red River; the Ohio River
and all its tributaries; and the Tennessee River from its confluence with
the Ohio River to mile zero on the Mobile River and all other tributaries between these two rivers.
(b) Applicability. This section applies
to towing vessel operators and fleeting
area managers responsible for CDC
barges in the RNA. This section does
not apply to:
(1) Towing vessel operators responsible for barges not carrying CDCs
barges, or
(2) Fleet tow boats moving one or
more CDC barges within a fleeting
area.
(c) Definitions. As used in this section—
Barge means a non-self propelled vessel engaged in commerce, as set out in
33 CFR 160.204.
Certain Dangerous Cargo or (CDC) includes any of the following:
(1) Division 1.1 or 1.2 explosives as defined in 49 CFR 173.50.
(2) Division 1.5D blasting agents for
which a permit is required under 49
CFR 176.415 or, for which a permit is required as a condition of a Research and
Special Programs Administration exemption.
(3) Division 2.3 ‘‘poisonous gas’’, as
listed in 49 CFR 172.101 that is also a
‘‘material poisonous by inhalation’’ as
defined in 49 CFR 171.8, and that is in a
quantity in excess of 1 metric ton per
barge.
(4) Division 5.1 oxidizing materials
for which a permit is required under 49
CFR 176.415 or, for which a permit is required as a condition of a Research and
Special Programs Administration exemption.
(5) A liquid material that has a primary or subsidiary classification of Division 6.1 ‘‘poisonous material’’ as listed in 49 CFR 172.101 that is also a ‘‘material poisonous by inhalation’’, as defined in 49 CFR 171.8 and that is in a
bulk packaging, or that is in a quantity in excess of 20 metric tons per
barge when not in a bulk packaging.
(6) Class 7, ‘‘highway route controlled
quantity’’ radioactive material or
‘‘fissile material, controlled shipment’’, as defined in 49 CFR 173.403.

(7) Bulk liquefied chlorine gas and
bulk liquefied gas cargo that is flammable and/or toxic and carried under 46
CFR 154.7.
(8) The following bulk liquids—
(i) Acetone cyanohydrin,
(ii) Allyl alcohol,
(iii) Chlorosulfonic acid,
(iv) Crotonaldehyde,
(v) Ethylene chlorohydrin,
(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

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barge will take less than four hours before originating a voyage, and the towing vessel operator did not receive the
order to make up a tow with a CDC
barge in advance of four hours before
originating the voyage with one or
more CDC barges, in which case the
towing vessel operator shall submit the
required report to the IRVMC as soon
as possible after receiving orders to
make up a tow with one or more CDC
barges;
(iii) Upon dropping off one or more
CDC barges at a fleeting area or facility;
(iv) Upon picking up one or more additional CDC barges from a fleeting
area or facility;
(v) At designated reporting points,
set forth in paragraph (e) of this section;
(vi) When the estimated time of arrival (ETA) to a reporting point varies
by 6 hours from the previously reported
ETA;
(vii) Any significant deviation from
previously reported information;
(viii) Upon departing the RNA with
one or more CDC barges; and
(ix) When directed by the IRVMC.
(2) The fleeting area manager responsible for one or more CDC barges in the
RNA must report all the information
items specified in table 165.830(g), in
paragraph (g) of this section, to the
IRVMC:
(i) Once daily, report all CDC barges
within the fleeting area;
(ii) Upon moving one or more CDC
barges within a fleeting area by a fleet
tow boat;
(iii) Any significant deviation from
previously reported information; and
(iv) When directed by the IRVMC.
(3) Reports required by this section
may be made by a company representative or dispatcher on behalf of the
fleeting area manager.
(4) Reports required by this section
must be made to the IRVMC either by
telephone to (866) 442–6089, by fax to
(866)
442–6107,
or
by
e-mail
to
[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 ves-

sel 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

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33 CFR Ch. I (7–1–10 Edition)

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(xv) Departing Hannibal L&D
(xvi) Departing Montgomery L&D
(6) Allegheny River at Lock & Dam (L&D), as
indicated:
(i) Departing L&D 4 (upbound)
(ii) Arriving L&D 4 (downbound)
(7) Monongahela River Departing Lock &
Dam (L&D):
(i) Grays Landing L&D
(ii) L&D 3
(8) Kanawha River, at Lock & Dam (L&D), as
indicated:
(i) Arriving Winfield L&D (upbound)
(ii) Departing Winfield L&D (downbound)
(9) Cumberland River, between Mile Markers
(M) and Departing Lock & Dam (L&D),
unless otherwise indicated:
(i) Departing Old Hickory L&D (upbound)
(ii) Arriving Old Hickory L&D (downbound)
(iii) M 127.0–129.0
(iv) Barkley L&D
(10) Tennessee River, between Mile Markers
(M) and when Departing Lock & Dam
(L&D), unless otherwise indicated:
(i) Fort Loudon L&D
(ii) Watts Bar L&D
(iii)
Departing
Chickamauga
L&D
(upbound)
(iv)
Arriving
Chickamauga
L&D
(downbound)
(v) Nickajack L&D
(vi) Gunterville L&D
(vii) General Joe Wheeler L&D
(viii) Pickwick Landing L&D
(ix) M 122.0–124.0
(x) Kentucky L&D
(11) Tennessee-Tombigbee River, between
Mile Markers (M) and when Departing
Lock & Dam (L&D):
(i) Lock D
(ii) Aberdeen L&D
(iii) Aliceville L&D

(iv) M 202.0–203.0
(v) Coffeeville L&D
(12) Mobile River, at Mile Marker (M):
(i) 0.0 (Entering & Exiting RNA)
(ii) [Reserved]
(13) Black Warrior River, when Departing
L&D:
(i) Holt L&D
(ii) [Reserved]
(14) Alabama River, when Departing L&D:
(i) Claiborne L&D
(ii) Henry L&D
(15) McClellan-Kerr Arkansas River Navigation System, when Departing Lock &
Dam (L&D), unless otherwise indicated:
(i) Chouteau L&D
(ii) W.D. Mayo L&D
(iii) Ozark-Jeta Taylor L&D
(iv) L&D 9
(v) Arriving David D. Terry L&D (upbound)
(vi) Departing David D. Terry L&D
(downbound)
(vii) L&D 2
(16) Red River, between Mile Markers (M)
and when Departing Lock & Dam (L&D):
(i) L.C. Boggs L&D
(ii) Lock 3
(iii) M 178.0–180.0
(17) Atchafalaya River, at Mile Marker (M):
(i) 55.0 (Entering & Exiting RNA)
(ii) [Reserved]

(f) Information to be reported to the
IRVMC by towing vessel operators. With
the exception noted in paragraph
(d)(1)(ii) of this section, towing vessel
operators responsible for one or more
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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§ 165.835

33 CFR Ch. I (7–1–10 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.

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[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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§ 165.837

33 CFR Ch. I (7–1–10 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]

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§ 165.837 Safety Zone; Invista Inc Facility Docks, Victoria Barge Canal,
Victoria, Texas.
(a) Location. The following area is a
safety zone: All waters contained within a 500-foot (152.5m) extension east and
west of the Invista Inc facility docks
while performing offloading operations.
(b) Enforcement period. This rule will
be enforced for periods of 24–30 hours
twice a month, from the time the oversized barge docks at the Invista Inc facility until the vessel departs the facility upon conclusion of its offloading
operations. The Captain of the Port
Corpus Christi will issue a Broadcast
Notice to Mariners before beginning
enforcement and upon ceasing enforcement of the safety zone.
(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 Corpus Christi.
(d) Regulations. (1) Persons desiring
to transit the area of the safety zone
may contact the Captain of the Port at
telephone number 1–361–939–6393, or the
barge on VHF Channel 16 (156.800MHz)
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.
(2) All persons and vessels must comply with the instructions of the Coast
Guard Captain of the Port or the designated representative.

(3) 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.
(4) The Coast Guard may be assisted
by other Federal, State, or local agencies.
(5) In accordance with the general
regulations in 33 CFR part 165.23, no
person or vessel may enter or remain
in the zone described in paragraph (a)
of this section except for support vessels/aircraft and support personnel, or
other vessels authorized by the Captain
of the Port Corpus Christi or his designated representative.
(e) 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–2009–0797, 75 FR 13436, Mar. 22, 2010]

§ 165.838 Regulated Navigation Area;
New Orleans Area of Responsibility,
New Orleans, LA.
(a) Regulated Navigation Area. The following is a regulated navigation area
(RNA):
(1) The Inner Harbor Navigation
Canal (IHNC) from Mile Marker 22
(west of Chef Menteur Pass) on the
Gulf Intracoastal Waterway, west
through the Gulf Intracoastal Waterway and the Inner Harbor Navigation
Canal, out to Lake Ponchartrain and
to the Mississippi River in New Orleans, LA;
(2) The Harvey Canal, between the
Lapalco Boulevard Bridge and the
intersection of the Harvey Canal and
the Algiers Canal of the Intracoastal
Waterway; and
(3) The Algiers Canal, from the Algiers Lock to the intersection of the
Algiers Canal and the Harvey Canal.
(b) Definitions. As used in this section:
COTP means the Captain of the Port,
New Orleans; and
Floating vessel means any floating
vessel to which the Ports and Waterways Safety Act, 33 U.S.C. 1221 et seq.,
applies.
(c) Enforcement. (1) The provisions of
this paragraph (c) will be enforced only
24 hours in advance of, and during the
duration of, any of the following predicted weather conditions:

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Coast Guard, DHS

§ 165.T09–0073

(i) Predicted winds of 74 miles per
hour (mph) or more or a predicted
storm surge of 8 feet or more for the
Inner Harbor Navigation Canal;
(ii) Predicted winds of 111 mph or
more and/or a predicted storm surge of
10.5 feet or more for the Harvey or Algiers Canals through post storm landfall, or other hurricane or tropical
storm conditions as determined by the
COTP; or
(iii) Other hurricane or tropical
storm conditions expected to inflict
significant damage to low lying and
vulnerable shoreline areas, as determined by the COTP through National
Weather
Service/Hurricane
Center
weather predictions.
(2) In the event that a particularly
dangerous storm is predicted to have
winds or storm surge significantly exceeding the conditions specified in
paragraphs (c)(1)(i) through (c)(1)(iii) of
this section, the COTP may begin enforcement 72 hours in advance of the
predicted conditions.
(3) During enforcement:
(i) All floating vessels are prohibited
from entering or remaining in the RNA
except pending approval of a waiver request made in accordance with paragraph (d) of this section or as authorized by a waiver approved by the COTP
in accordance with paragraph (d);
(ii) Transient vessels will not be permitted to seek safe haven in the RNA
except in accordance with a prearranged agreement between the vessel
and a facility within the RNA, or as
authorized by a waiver approved by the
COTP in accordance with paragraph (d)
of this section.
(4) The COTP will announce enforcement periods through Marine Safety
Information Bulletins and Safety
Broadcast Notices to Mariners.
(d) Waivers. (1) Upon request of the
vessel owner or operator, the COTP
may waive any provision of paragraph
(c) of this section, if the COTP finds
that the vessel’s proposed operation
can be conducted safely under the
terms of that waiver.
(2) A request for waiver must be in
writing, except as provided by paragraph (d)(3) of this section, and must
describe or provide:
(i) The reason for requesting the
waiver;

(ii) The vessel’s current operations;
(iii) The name of any intended mooring facility, the specific mooring location within that facility, and a list of
vessels routinely engaged in business
at that facility;
(iv) The vessel’s proposed operation
during the RNA enforcement period,
including intended mooring arrangements that comply with 33 CFR 165.803
and the mooring facility’s equipment
for supporting those arrangements; and
(v) Contact information for the vessel
owner or operator during the RNA enforcement period.
(3) Under unusual circumstances due
to time constraints, such as the malfunction of a bridge or lock within the
RNA, the person in charge of a vessel
may orally request an immediate waiver from the COTP, but the vessel owner
or operator must send written confirmation of the request, containing
the information required by paragraph
(d)(2) of this section, to the COTP within five days of the oral request.
(4) The COTP may condition approval
of a waiver request on the vessel owner’s or operator’s taking measures additional to those proposed in the waiver request, and may terminate a waiver
at any time, if the COTP deems it necessary to provide safety.
(e) Penalties. Failure to comply with
this section may result in civil or
criminal penalties pursuant to the
Ports and Waterways Safety Act, 33
U.S.C. 1221 et seq.
(f) Notice of enforcement. The COTP
will notify the maritime community of
periods during which this regulated
navigation area will be enforced by
providing advance notice through a
Marine Safety Information Bulletin
and Safety Broadcast Notice to Mariners.
[USCG–2009–0139, 75 FR 32279, June 8, 2010]

NINTH COAST GUARD DISTRICT
§ 165.T09–0073 Safety
and
Security
Zones; Tall Ships Challenge 2010;
Great Lakes; Cleveland, OH; Bay
City, MI; Duluth, MN; Green Bay,
WI; Sturgeon Bay, WI; Chicago, IL;
Erie, PA.
(a) Definitions. The following definitions apply to this section: Navigation
Rules means the Navigation Rules,

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§ 165.T09–0124

33 CFR Ch. I (7–1–10 Edition)

International and Inland (See, 1972
COLREGS and 33 U.S.C. 2001 et seq.).
Official Patrol means those persons
designated by Captain of the Port Buffalo, Detroit, Sault Ste. Marie, Duluth
and Lake Michigan to monitor a Tall
Ship safety and security zone, permit
entry into the zone, give legally enforceable orders to persons or vessels
within the zone, and take other actions
authorized by the cognizant Captain of
the Port.
Public Vessel means vessels owned,
chartered, or operated by the United
States or by a State or political subdivision thereof.
Tall Ship means any sailing vessel
participating in the Tall Ships Challenge 2010 in the Great Lakes. This includes, but is not limited to, the following: Sailing Vessel (S/V) AMISTAD,
S/V APPLEDORE IV, S/V APPLEDORE
V, HMS BOUNTY, S/V DENIS SULLIVAN, S/V EUROPA, S/V FAZISI, S/V
FRIENDS OF GOOD WILL, S/V INLAND SEAS, S/V LAREVENANTE, S/V
LYNX, S/V MADELINE, S/V FLAGSHIP NIAGARA, S/V PATHFINDER, S/
V PLAYFAIR, S/V PRIDE OF BALTIMORE II, S/V ROALD AMUNDSEN, S/
V RED WITCH, S/V ROTALISTE, S/V
ROSEWAY, S/V UNICORN, S/V WELCOME, and S/V WINDY.
(b) Location. The following area is a
safety and security zone: all navigable
waters of the United States located in
the Ninth Coast Guard District within
a 100 yard radius of any Tall Ship.
(c) Regulations. (1) Entry into a safety
and security zone described in paragraph (b) of this section is prohibited
unless authorized by the cognizant
Coast Guard Captain of the Port or the
Official Patrol.
(2) Vessels may request permission to
enter into a safety and security zone
described in paragraph (b) of this section by contacting the Official Patrol
on VHF channel 16.
(3) Any vessel operating within a
safety and security zone established by
this section must operate at the minimum speed necessary to maintain a
safe course and must proceed as directed by the Captain of the Port or
the on-scene Official Patrol. Any vessel
or person allowed to enter a safety and
security zone established by this section must still remain at least 25 yards

from any Tall Ship, unless authorized
to come within such a distance pursuant to paragraph (c)(4) of this section
or permitted to come within such a distance by the cognizant Captain of the
Port, his or her designated representative, or the on-scene Official Patrol.
(4) Vessels are permitted to transit
through the safety and security zone in
waterways that do not provide adequate navigable waters greater than
100 yards from the Tall Ships. Vessels
transiting such areas must operate at
the minimum speed necessary to maintain a safe course while also maintaining the greatest possible distance away
from the Tall Ships.
(d) Effective period. This rule is effective from 12:01 a.m. on Wednesday,
June 23, 2010 through 12:01 a.m. on
Monday September 13, 2010.
(e) Navigation Rules. The Navigation
Rules must apply at all times within a
Tall Ships safety and security zone.
(f) When a Tall Ship approaches within 25 yards of any vessel that is moored
or anchored, the stationary vessel
must stay moored or anchored while it
remains within the tall ship’s safety
and security zone unless ordered by or
given permission from the cognizant
Captain of the Port, his or her designated representative, or the on-scene
official patrol to do otherwise.
EFFECTIVE DATE NOTE: By USCG–2010–0073,
75 FR 33508, June 14, 2010, temporary
§ 165.T09–0073 was added, effective from 12:01
a.m. on June 23, 2010 until 12:01 a.m. on Sept.
13, 2010.

§ 165.T09–0124 Safety Zone; St. Louis
River, Tallas Island, Duluth, MN.
(a) Location. The following area is a
temporary safety zone: near Tallas Island on the St. Louis River to include
all waters contained within the zone
located at 46°42.30 N 092°11.56 W and
then run northeast to position; 46°42.53
N 092°11.30 W and then run northwest to
position; 46°43.5 N 092°11.41 W and then
run southwest to position; 46°42.37 N
092°12.11 W and then running southeast
back to the starting point (NAD 83).
The safety zone’s boundary is approximately 3500 ft. by 1500 ft. on the long
end, extending behind Tallas Island,
and 3000 ft by 1500 ft on the short end,
extending into open waters.

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Coast Guard, DHS

§ 165.T09–0166

(b) Effective dates. This rule is effective from 12:01 a.m. May 1, 2010 until
11:59 p.m. November 30, 2010.
(c) Regulations. (1) In accordance with
the general regulations in section
165.23 of this part, entry into this zone
is prohibited unless authorized by the
Coast Guard 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 ‘‘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 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 Duluth
or his on-scene representative to obtain permission to do so. Vessel operators permitted to enter or operate in
the safety zone must comply with the
instructions given to them by the Captain of the Port Duluth or his on-scene
representative.

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EFFECTIVE DATE NOTE: By USCG–2010–0124,
75 FR 24404, May 5, 2010, temporary § 165.T09–
0124 was added, effective from May 5, 2010
through 11:59 p.m. Nov. 30, 2010.

§ 165.T09–0166 Safety Zone, Brandon
Road Lock and Dam to Lake Michigan including Des Plaines River,
Chicago Sanitary and Ship Canal,
Chicago
River,
and
CalumetSaganashkee Channel, Chicago, IL.
(a) Location. The following areas are
a temporary safety zone:
(1) Des Plaines River. All U.S. waters
of the Des Plaines River located between mile marker 286.0 (Brandon Road
Lock and Dam) and mile marker 290.0
(point at which the Des Plaines River
connects with the Chicago Sanitary
and Ship Canal).
(2) Chicago Sanitary and Ship Canal.
All U.S. waters of the Chicago Sanitary
and Ship Canal between mile marker

290.0 (point at which the Chicago Sanitary and Ship Canal connects to the
Des Plaines River) and mile marker
321.8 (point at which the Chicago Sanitary and Ship Canal Connects to the
South Branch Chicago River).
(3) South Branch Chicago River. All
U.S. waters of the South Branch Chicago River between mile marker 321.8
(point at which the South Branch Chicago River connects to the Chicago
Sanitary and Ship Canal) and mile
marker 325.6 (point at which the South
Branch Chicago River connects to the
Chicago River (Main Branch) and
North Branch Chicago River).
(4) Chicago River (Main Branch). All
U.S. waters of the Chicago River (Main
Branch) between mile marker 325.6
(point at which the Chicago River connects to the South Branch Chicago
River) and 100 yards extending past the
end of the Chicago River covering the
area of the Federal channel within Chicago Harbor.
(5) North Branch Chicago River. All
U.S. waters of the North Branch Chicago River between mile marker 325.6
(point at which the North Branch Chicago River connects to the Chicago
River (Main Branch) and the South
Branch Chicago River) and mile marker 331.4 (end of navigation channel).
(6) Calumet-Saganashkee Channel. All
U.S.
waters
of
the
CalumetSaganashkee Channel between mile
marker 303.5 (point at which the Calumet-Saganashkee Channel connects
to the Chicago Sanitary and Ship
Canal) and mile marker 333.0; all U.S.
waters of the Calumet-Saganashkee
Channel between mile marker 333.0 and
Lake Michigan (Calumet Harbor).
(b) Effective period. This rule is effective in the CFR on May 11, 2010 This
rule is effective with actual notice for
purposes of enforcement on April 28,
2010. This rule will remain in effect
until March 1, 2011.
(c) Enforcement. (1) The Captain of
the Port, Sector Lake Michigan, may
enforce this safety zone in whole, in
segments, or by any combination of
segments. The Captain of the Port,
Sector Lake Michigan, may suspend
the enforcement of any segment of this
safety zone for which notice of enforcement had been given.

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§ 165.T09–0290

33 CFR Ch. I (7–1–10 Edition)

(2) The safety zone established by
this section will be enforced, pursuant
to paragraph (c)(1) of this section, only
upon notice by the Captain of the Port,
Sector Lake Michigan. Suspension of
any previously announced period of enforcement will also be provided by the
Captain of the Port, Sector Lake
Michigan. All notices of enforcement
and notices of suspension of enforcement will clearly describe any segments of the safety zone affected by
the notice. At a minimum, notices of
enforcement and notices of suspension
of enforcement will identify any affected segments by reference to mile
markers. When possible, the Captain of
the Port, Sector Lake Michigan, will
also identify enforced segments of this
safety zone by referencing readily identifiable geographical points. In addition to providing the geographical
bounds of any enforced segment of this
safety zone, notices of enforcement and
notices of suspension of enforcement
will also provide the date(s) and
time(s) at which enforcement will commence or suspend.
(3) The Captain of the Port, Sector
Lake Michigan, will publish notices of
enforcement and notices of suspension
of enforcement in accordance with 33
CFR 165.7(a) and in a manner to provide as much notice to the public as
possible. The primary method of notification will be through publication in
the FEDERAL REGISTER. The Captain of
the Port, Sector Lake Michigan, will
also provide notice through other
means, such as Broadcast Notice to
Mariners, local Notice to Mariners,
local news media, distribution in leaflet form, and on-scene oral notice. Additionally, the Captain of the Port,
Sector Lake Michigan, may notify representatives from the maritime industry through telephonic and email notifications.
(d) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, mooring, laying up, or anchoring within any
enforced segment of the safety zone is
prohibited unless authorized by the
Captain of the Port, Sector Lake
Michigan, or his or her designated representative.
(2) The ‘‘designated representative’’
of the Captain of the Port, Sector Lake

Michigan, is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of
the Port, Sector Lake Michigan, to act
on his or her behalf. The designated
representative of the Captain of the
Port, Sector Lake Michigan, will be
aboard a Coast Guard, Coast Guard
Auxiliary, or other designated vessel or
will be on shore and will communicate
with vessels via VHF radio, loudhailer,
or by phone. The Captain of the Port,
Sector Lake Michigan, or his or her
designated representative may be contacted via VHF radio Channel 16 or the
Coast Guard Sector Lake Michigan
Command Center at 414–747–7182.
(3) To obtain permission to enter or
operate within an enforced segment of
the safety zone established by this section, Vessel operators must contact the
Captain of the Port, Sector Lake
Michigan, or his or her designated representative. Vessel operators given permission to operate in an enforced segment of the safety zone must comply
with all directions given to them by
the Captain of the Port, Sector Lake
Michigan, or his or her designated representative.
(4) When a segment of the safety zone
is being enforced, it will be closed to
all vessel traffic, except as may be permitted by the Captain of the Port, Sector Lake Michigan, or his or her designated representative. As soon as operations permit, the Captain of the
Port, Sector Lake Michigan, will issue
a notice of suspension of enforcement
as specified in paragraph (c) of this section.
(5) All persons entering any enforced
segment of the safety zone established
in this section are advised that they do
so at their own risk.
EFFECTIVE DATE NOTE: By USCG–2010–0166,
75 FR 26097, May 11, 2010, temporary
§ 165.T09–0166 was added, effective May 11,
2010 through Mar. 1, 2011.

§ 165.T09–0290 Safety Zones; Blasting
Operations and Movement of Explosives, St. Marys River, Sault Sainte
Marie, MI.
(a) Location.
safety zones:
(1) All U.S.
stream of the
Sault Sainte

The following areas are
navigable waters downSabin and Davis Locks,
Marie, Michigan, with

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§ 165.T09–0290

east and west boundaries starting approximately 250 feet due east of the
center of the Sabin Lock downstream
gate, to approximately 1,750 feet due
east of the center of the Davis Lock
downstream gate. The zone is further
bound by the southern pier face of the
Northeast Pier, and the northern pier
face of the East Center Pier. This zone
also includes a portion of the Army
Corps of Engineers hydroelectric power
plant effluence, and waters surrounding the eastern tip of the Northeast Pier. This portion of the zone extends west approximately 1,100 feet
from the tip of the Northeast Pier, and
out to the north, approximately 150
feet. The zone is bound by the following
coordinates:
46°30′22.50″
N/
084°20′40.81″ W; 46°30′22.50″ N/084°20′29.35″
W;
46°30′20.16″
N/084°20′25.29″
W;
46°30′18.81″ N/084°20′25.29″ W; 46°30″18.66″
N/084°20′28.36″
W;
46°30′12.90″
N/
084°20′28.36″ W; 46°30′13.18″ N/084°20′39.17″
W;
W;
46°30′15.27″
N/084°20′48.17″
46°30′15.45″ N/084°20′51.00″ W; 46°30′16.41″
N/084°20′51.00″
W;
46°30′16.98″
N/
084°20′40.81″ W; (NAD 83).
(2) All U.S. navigable waters within a
radius of 1,100 feet centered on the test
blast location approximately 600 feet
due east of the pier between the Sabin
and Davis locks, Sault Sainte Marie,
Michigan at 46°30′15.46″ N/084°20′39.12″
W; (NAD 83).
(3) All U.S. navigable waters within a
radius of 500 feet from the barge ‘‘M2’’
at any time the barge is involved in explosives loading operations or while
transiting with explosives on board.
(4) All U.S. navigable waters downstream of the Sabin and Davis Locks,
Sault Sainte Marie, Michigan, with
east and west boundaries starting approximately 1,750 feet due east of the
center of the Davis Lock downstream
gate, to approximately 2,850 feet due
east of the center of the Davis Lock
downstream gate. The zone is bound to
the south by the northern pier face of
the East Center Pier. The northern
boundary of the zone is approximately
600 feet north of the East Center Pier.
The area is bound by the following coordinates: 46°30′18.66″ N/84°20′28.36″ W;
46°30′19.36″ N/84°20′14.23’’ W;
46°30′19.20″ N/84°20′13.87″ W; 46°30′11.59″
N/84°20′12.96″ W;

46°30′11.78″ N/84°20′19.53″ W; 46°30′12.69″
N/84°20′19.68″ W;
46°30′12.90″ N/84°20′28.36″ W; (NAD 83).
(b) Effective period. This regulation is
effective from 5 a.m. April 23, 2010
through 10 p.m. August 31, 2010. The
safety zones established in paragraph
(a) of this section will be enforced as
follows:
(1) The zone described in paragraph
(a)(1) of this section will be enforced
continually from 5 a.m. April 23, 2010
through 10 p.m. August 31, 2010.
(2) The zone described paragraph
(a)(2) of this section will be intermittently enforced from 5 a.m. April 23,
2010 through 10 p.m. May 14, 2010.
(3) The zone described in paragraph
(a)(3) of this section is subject to enforcement from 5 a.m. April 23, 2010
through 10 p.m. August 31, 2010, any
time the barge ‘‘M2’’ is transiting with
explosives on board or involved in explosives loading operations.
(4) The zone described paragraph
(a)(4) of this section will be intermittently enforced from 5 a.m. April 23,
2010 through 10 p.m. August 31, 2010.
(5) The Captain of the Port, Sector
Sault Sainte Marie may suspend at any
time the enforcement of any safety
zone established under this section.
(6) The Captain of the Port, Sector
Sault Sainte Marie, will notify the
public of the enforcement and suspension of enforcement of a safety zone established by this section via any means
that will provide as much notice as
possible to the public. These means
might include some or all of those listed in 33 CFR 165.7(a). The primary
method of notification, however, will
be through Broadcast Notice to Mariners and local Notice to Mariners.
(c) Regulations. (1) In accordance with
the general regulations in section
165.23 of this part, entry into,
transiting, or anchoring within an enforced safety zone established by this
section is prohibited unless authorized
by the Captain of the Port, Sector
Sault Sainte Marie, or his on-scene
representative.
(2) This safety zone is closed to all
vessel traffic, except as may be permitted by the Captain of the Port, Sector Sault Sainte Marie, or his on-scene
representative.

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§ 165.T09–0333

33 CFR Ch. I (7–1–10 Edition)

(3) The ‘‘on-scene representative’’ of
the Captain of the Port, Sector Sault
Sainte Marie, is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of
the Port, Sector Sault Sainte Marie, to
act on his behalf. The on-scene representative of the Captain of the Port,
Sector Sault Sainte Marie, will be
aboard either a Coast Guard or Coast
Guard Auxiliary vessel.
(4) Vessel operators desiring to enter
or operate within an enforced safety
zone shall contact the Captain of the
Port, Sector Sault Sainte Marie, or his
on-scene representative to obtain permission to do so. The Captain of the
Port, Sector Sault Sainte Marie, or his
on-scene representative may be contacted via VHF Channel 16. 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, Sector Sault
Sainte Marie, or his on-scene representative.

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EFFECTIVE DATE NOTE: By USCG–2010–0290,
75 FR 23592, May 4, 2010, temporary § 165.T09–
0290 was added, effective May 4, 2010 through
10 p.m. Aug. 31, 2010.

§ 165.T09–0333 Safety zone; Marathon
Oil Refinery construction, Rouge
River, Detroit, MI.
(a) Location. The following area is a
temporary safety zone: all U.S. waters
of the Rouge River, Detroit, MI, bound
by a line starting from a point on land
on the south shore of the Rouge River
at position 42°17.8′ N; 083° 9.1′ W, continuing southeast to a point on land at
position 42°17.7′ N; 083° 9.0′ W, across to
the north side of the river to a point on
land at position 42°17.8′ N; 083°8.9′ W,
along the shore northwest to a point on
land at position 42°17.8′ N; 083°9.0′ W,
continuing back southwest to the point
of origin. All geographic coordinates
are North American Datum of 1983
(NAD 83). This safety zone effectively
covers all of the Rouge River from the
Dix Ave. bridge to the north end of
Fordson Island.
(b) Effective period. This regulation is
effective from 7 a.m. on May 1, 2010 to
7 p.m. on November 30, 2010. This rule
will be enforced from 7 a.m. to 7 p.m.
daily, on multiple dates to be determined during the effective period. The

public will be notified of the specific
enforcement dates as soon as practicable through the publication of a
Notice of Enforcement and by Broadcast Notice to Mariners.
(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 on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be permitted by the Captain of the Port Detroit or his designated on-scene representative.
(3) 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 designated 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 Detroit
or his on-scene representative to obtain permission to do so.
(5) 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 or
his on-scene representative.
EFFECTIVE DATE NOTE: By USCG–2010–0333,
75 FR 27643, May 18, 2010, temporary
§ 165.T09–0333 was added, effective May 18,
2010 until 7 p.m. on Nov. 30, 2010.

§ 165.T09–0452 Safety Zone; Festivals &
Fireworks Celebration, East Moran
Bay, Lake Huron, St. Ignace, MI.
(a) Location. The following area is a
temporary safety zone: All waters of
Lake Huron within a 600-foot radius
from the fireworks launch site in East
Moran Bay, with its center in position:
45°52′16.92″ N., 084°43′18.48″ W.: [DATUM:
NAD 83].
(b) Effective period. This regulation is
effective from 9 p.m. on June 26, 2010
until 11 p.m. on September 5, 2010.
(1) This rule will be enforced on the
following date and times:

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Coast Guard, DHS

§ 165.T09–1080

(i) June 26, 2010 from 9 p.m. through
11 p.m., with an alternate date & time
for inclement weather of June 27, 2010
from 9 p.m. through 11 p.m.
(ii) July 10, 2010 from 9 p.m. through
11 p.m. with an alternate date & time
for inclement weather of July 11, 2010
from 9 p.m. through 11 p.m.
(iii) July 17, 2010 from 9 p.m. through
11 p.m. with an alternate date & time
for inclement weather of July 18, 2010
from 9 p.m. through 11 p.m.
(iv) July 24, 2010 from 9 p.m. through
11 p.m. with an alternate date & time
for inclement weather of July 25, 2010
from 9 p.m. through 11 p.m.
(v) July 31, 2010 from 9 p.m. through
11 p.m. with an alternate date & time
for inclement weather of August 1, 2010
from 9 p.m. through 11 p.m.
(vi) August 7, 2010 from 9 p.m.
through 11 p.m. with an alternate date
& time for inclement weather of August 8, 2010 from 9 p.m. through 11 p.m.
(vii) August 14, 2010 from 9 p.m.
through 11 p.m. with an alternate date
& time for inclement weather of August 15, 2010 from 9 p.m. through 11
p.m.
(viii) August 21, 2010 from 9 p.m.
through 11 p.m. with an alternate date
& time for inclement weather of August 22, 2010 from 9 p.m. through 11
p.m.
(ix) August 28, 2010 from 9 p.m.
through 11 p.m. with an alternate date
& time for inclement weather of August 29, 2010 from 9 p.m. through 11
p.m.
(x) September 4, 2010 from 9 p.m.
through 11 p.m. with an alternate date
& time for inclement weather of September 5, 2010 from 9 p.m. through 11
p.m.
(2) The Captain of the Port, Sector
Sault Sainte Marie may suspend at any
time the enforcement of any safety
zone established under this section.
(3) The Captain of the Port, Sector
Sault Sainte Marie, will notify the
public of the enforcement and suspension of enforcement of a safety zone established by this section via any means
that will provide as much notice as
possible to the public. These means
might include some or all of those listed in 33 CFR 165.7(a). The primary
method of notification, however, will

be through Broadcast Notice to Mariners and local Notice to Mariners.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or anchoring within an enforced safety zone
established by this section is prohibited unless authorized by the Captain
of the Port, Sector Sault Sainte Marie,
or his on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be permitted by the Captain of the Port, Sector Sault Sainte Marie, or his on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port, Sector Sault
Sainte Marie, is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of
the Port, Sector Sault Sainte Marie, to
act on his behalf. The on-scene representative of the Captain of the Port,
Sector Sault Sainte Marie, will be
aboard either a Coast Guard or Coast
Guard Auxiliary vessel.
(4) Vessel operators desiring to enter
or operate within an enforced safety
zone shall contact the Captain of the
Port, Sector Sault Sainte Marie, or his
on-scene representative to obtain permission to do so. The Captain of the
Port, Sector Sault Sainte Marie, or his
on-scene representative may be contacted via VHF Channel 16.
EFFECTIVE DATE NOTE: By USCG–2010–0452,
75 FR 34364, June 17, 2010, temporary
§ 165.T09–0452 was added, effective from 9 p.m.
on June 26, 2010 until 11 p.m. on Sept. 5, 2010.

§ 165.T09–1080 Safety Zone and Regulated Navigation Area, Chicago Sanitary and Ship Canal, Romeoville,
IL.
(a) Safety Zone. (1) The following area
is a temporary safety zone: All waters
of the Chicago Sanitary and Ship
Canal, Romeoville, IL located between
mile marker 296.1 (approximately 450
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) Regulations. (i) All vessels are prohibited from transiting the safety zone
with any non-potable water on board if
they intend to release that water in
any form within, or on the other side of

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§ 165.T09–1080

33 CFR Ch. I (7–1–10 Edition)

the safety zone. Non-potable water includes but is not limited to any water
taken on board to control or maintain
trim, draft, stability or stresses of the
vessel, or taken on board due to free
communication between the hull of the
vessel and exterior water. Potable
water is water treated and stored
aboard the vessel that is suitable for
human consumption.
(ii) Vessels with non-potable water
onboard are permitted to transit the
safety zone if they have taken steps to
prevent the release of that water in
any form, in or on the other side of, the
safety zone, or alternatively if they
have plans to dispose of the water in a
biologically sound manner.
(iii) Vessels with non-potable water
aboard that intend to discharge on the
other side of the zone must contact the
COTP, her designated representative or
her on-scene representative and obtain
permission to transit and discharge
prior to transit. Examples of discharges that may be approved by the
COTP include plans to dispose of the
water in a biologically sound manner
or demonstrate through testing that
the non-potable water does not contain
potential live Silver or Asian carp, or
viable eggs or, gametes from these
carp.
(iv) In accordance with the general
regulations in § 165.23 of this part,
entry into, transiting, or anchoring
within this safety zone by vessels with
non-potable water on board is prohibited unless authorized by the Captain
of the Port Lake Michigan, her designated representative, or her on-scene
representative.
(v) 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 Lake Michigan to
act on her behalf. The on-scene representative of the Captain of the Port
Lake Michigan will be aboard a Coast
Guard, Coast Guard Auxiliary, or other
designated vessel or will be on shore
and will communicate with vessels via
VHF–FM radio or loudhailer. The Captain of the Port Lake Michigan or her
on-scene representative may also be
contacted via VHF–FM radio Channel
16 or through the Coast Guard Sector

Lake Michigan Command Center at
414–747–7182.
(b) Regulated Navigation Area. (1) The
following is a regulated navigation
area (RNA): All waters of the Chicago
Sanitary and Ship Canal, Romeoville,
IL located between mile marker 295.5
(approximately 3600 feet south of the
Romeo Road Bridge) and mile marker
297.2 (approximately 0.5 miles north of
the pipeline arch).
(2) Regulations. (i) The general regulations contained in 33 CFR 165.13
apply.
(ii) Vessels that comply with the following restrictions are permitted to
transit the RNA:
(A) All up-bound and down-bound
barge tows that consist of barges carrying flammable liquid cargos (Grade A
through C, flashpoint below 140 degrees
Fahrenheit, or heated to within 15 degrees Fahrenheit of flash point) must
engage the services of a bow boat at all
times until the entire tow is clear of
the RNA.
(B) Vessels engaged in commercial
service, as defined in 46 U.S.C. 2101(5),
may not pass (meet or overtake) in the
RNA and must make a SECURITE call
when approaching the RNA to announce intentions and work out passing arrangements.
(C) Commercial tows transiting the
RNA must be made up with only wire
rope to ensure electrical connectivity
between all segments of the tow.
(D) All vessels are prohibited from
loitering in the RNA.
(E) Vessels may enter the RNA 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 RNA.
(F) Except for law enforcement and
emergency response personnel, all personnel on vessels transiting the RNA
should remain inside the cabin, or as
inboard as practicable. If personnel
must be on open decks, they must wear
a Coast Guard approved personal flotation device.
(G) Vessels may not moor or lay up
on the right or left descending banks of
the RNA.

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Coast Guard, DHS

§ 165.901

(H) Towboats may not make or break
tows if any portion of the towboat or
tow is located in the RNA.
(I) Persons on board any vessel
transiting this RNA in accordance with
this rule or otherwise are advised they
do so at their own risk.
(J) Vessels must be greater than
twenty feet in length.
(K) Vessels must not be a personal
watercraft of any kind (e.g. jet skis,
wave runners, kayaks, etc.).
(c) Definitions. The following definitions apply to this section:
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 RNA. 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.
Designated representative means the
Captain of the Port Lake Michigan and
Commanding Officer, Marine Safety
Unit Chicago.
Vessel means every description of
watercraft or other artificial contrivance used, or capable or being used, as
a means of transportation on water.
This definition includes, but is not limited to, barges.
(d) Enforcement period. The regulated
navigation area and safety zone will be
enforced from 5 p.m. on December 18,
2009, until 5 p.m. on December 1, 2010.
This regulated navigation area and
safety zone are enforceable with actual
notice by Coast Guard personnel beginning December 18, 2009, until January
6, 2010.
(e) 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. Any person on board any vessel
transiting this RNA in accordance with
this rule or otherwise does so at their
own risk.
(f) 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.

EFFECTIVE DATE NOTE: By USCG–2009–1080,
75 FR 759, Jan. 6, 2010, temporary § 165.T09–
1080 was added, effective Jan. 6, 2010 until 5
p.m. on Dec. 1, 2010. At 75 FR 36291, June 25,
2010, paragraphs (a)(1) and (b)(1) were revised
and paragraphs (b)(2)(ii)(J) and (b)(2)(ii)(K)
were added, effective June 25, 2010 until 5
p.m. on Dec. 1, 2010.

§ 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.
(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

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§ 165.902

33 CFR Ch. I (7–1–10 Edition)

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]

§ 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.

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§ 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
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

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Coast Guard, DHS

§ 165.906

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]

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§ 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, including Burnham Park Harbor, to the
northwest point.
(b) Effective times and dates. This safety and security zone will be in effect at
various times to be published in the
Coast Guard Local Notice to Mariners
or broadcasted via Marine Radio 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
water which involves a substantial risk
of immersion in the water) or taking of
fish (including all forms of aquatic animals) from the waters covered by these
safety zones is prohibited at all times.
[CGD09–95–026, 60 FR 52862, Oct. 11, 1995]

§ 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

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§ 165.906

33 CFR Ch. I (7–1–10 Edition)

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 southwest 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 para-

graph (a) of this section. The height of
a vessel is the height above the water
line of masts, antennas, navigational
equipment, or any other structure.
(1) Less than 41 feet. Vessels less than
41 feet in height are not subject to any
restrictions under this section.
(2) 41 to 45 feet. Vessels at least 41 feet
in height yet less than 45 feet in height
may not enter restricted area 1.
(3) 45 to 53 feet. Vessels at least 45 feet
in height yet less than 53 feet in height
may not enter restricted area 1 and
must comply with the clearance procedures prescribed in paragraph (c) when
navigating through restricted area 2.
(4) 53 to 63 feet. Vessels at least 53 feet
in height yet less than 63 feet in height
may not enter restricted area 1, must
comply with the clearance procedures
prescribed in paragraph (c) of this section when navigating through restricted area 2, and may not dock in or
enter restricted area 4 at any time.
(5) 63 to 95 feet. Vessels at least 63 feet
in height yet less than 95 feet in height
may not enter restricted area 1, must
comply with the clearance procedures
prescribed in paragraph (c) of this section when navigating through restricted areas 2 or 3, and may not dock
in or enter restricted areas 4 or 5 at
any time.
(6) 95 feet or more. Vessel 95 feet or
more in height may not enter any restricted area, 1 through 6, at any time.
(c) Clearance procedures. Except during the times specified in paragraph
(d), operators of vessels subject to
these procedures must do the following:
(1) Obtain clearance from the Burke
Lakefront Air Traffic Control Tower
before navigating through the restricted area(s);
(2) Navigate promptly through the
area(s) at a safe and practical speed.
Navigation at a safe and practical
speed includes brief stops at the fueling
dock inside restricted area 3 by vessels
with masts between 63 and 95 feet in
height; and
(3) Promptly inform the Burke Lakefront Air Traffic Control Tower after
clearing the restricted area(s), or of
any difficulty preventing prompt clearance. The Burke Lakefront Air Traffic
Control Tower may be contacted on

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Coast Guard, DHS

§ 165.910

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.

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[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′
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

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33 CFR Ch. I (7–1–10 Edition)

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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).
(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

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§ 165.916

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]

§ 165.912 Security Zone; Lake Erie,
Perry, OH.
(a) Location: The following area is a
security zone: all navigable waters of
Lake Erie bounded by a line drawn between the following coordinates beginning at 41° 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]

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§ 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
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.

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33 CFR Ch. I (7–1–10 Edition)

(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]

§ 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]

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§ 165.921 Regulated Navigation Area;
Reporting Requirements for Barges
Loaded with Certain Dangerous
Cargoes, Illinois Waterway System
located within the Ninth Coast
Guard District.
(a) Regulated Navigation Area. The following waters are a regulated navigation area (RNA): the Illinois Waterway
System above mile 187.2 to the Chicago
Lock on the Chicago River at mile 326.7
and to the confluence of the Calumet
River and Lake Michigan at mile 333.5
of the Calumet River.
(b) Applicability. This section applies
to towing vessel operators and fleeting

area managers responsible for CDC
barges in the RNA. This section does
not apply to towing vessel operators
responsible for barges not carrying
CDC barges, or fleet tow boats moving
one or more CDC barges within a fleeting area.
(c) Definitions. As used in this section—
Barge means a non-self propelled vessel engaged in commerce, as set out in
33 CFR 160.204.
Certain Dangerous Cargo or (CDC) includes any of the following:
(1) Division 1.1 or 1.2 explosives as defined in 49 CFR 173.50.
(2) Division 1.5D blasting agents for
which a permit is required under 49
CFR 176.415 or, for which a permit is required as a condition of a Research and
Special Programs Administration exemption.
(3) Division 2.3 ‘‘poisonous gas’’, as
listed in 49 CFR 172.101 that is also a
‘‘material poisonous by inhalation’’ as
defined in 49 CFR 171.8, and that is in a
quantity in excess of 1 metric ton per
barge.
(4) Division 5.1 oxidizing materials
for which a permit is required under 49
CFR 176.415 or, for which a permit is required as a condition of a Research and
Special Programs Administration exemption.
(5) A liquid material that has a primary or subsidiary classification of Division 6.1 ‘‘poisonous material’’ as listed in 49 CFR 172.101 that is also a ‘‘material poisonous by inhalation’’, as defined in 49 CFR 171.8 and that is in a
bulk packaging, or that is in a quantity in excess of 20 metric tons per
barge when not in a bulk packaging.
(6) Class 7, ‘‘highway route controlled
quantity’’ radioactive material or
‘‘fissile material, controlled shipment’’, as defined in 49 CFR 173.403.
(7) Bulk liquefied chlorine gas and
bulk liquefied gas cargo that is flammable and/or toxic and carried under 46
CFR 154.7.
(8) The following bulk liquids—
(i) Acetone cyanohydrin,
(ii) Allyl alcohol,
(iii) Chlorosulfonic acid,
(iv) Crotonaldehyde,
(v) Ethylene chlorohydrin,
(vi) Ethylene dibromide,
(vii) Methacrylonitrile,

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Coast Guard, DHS

§ 165.921

(viii) Oleum (fuming sulfuric acid),
and
(ix) Propylene Oxide.
CDC barge means a barge containing
CDCs or CDC residue.
Downbound means the tow is traveling with the current.
Fleet tow boat means any size vessel
that is used to move, transport, or deliver a CDC barge within a fleeting
area.
Fleeting area means any fleet, including any facility, located within the
area covered by one single port.
Inland River Vessel Movement Center
or (IRVMC) means the Coast Guard office that is responsible for collecting
the information required by this section.
Ninth Coast Guard District means the
Coast Guard District as set out in 33
CFR 3.45–1.
Towing vessel means any size vessel
that is used to move, transport, or deliver a CDC barge to a fleet or facility
that is located in a different port than
where the voyage originated.
Towing vessel operator means the Captain or pilot who is on watch on board
a towing vessel.
Upbound means the tow is traveling
against the current.
(d) Regulations. The following must
report to the Inland River Vessel Movement Center (IRVMC):
(1) The towing vessel operator responsible for one or more CDC barges
in the RNA must report all the information items specified in table
165.921(f), in paragraph (f) of this section, to the IRVMC:
(i) Upon point of entry into the RNA
with one or more CDC barges;
(ii) Four hours before originating a
voyage within the RNA with one or
more CDC barges, except if the evolution of making up a tow with a CDC
barge will take less than 4 hours before
originating a voyage, and the towing
vessel operator did not receive the
order to make up a tow with a CDC
barge in advance of 4 hours before originating the voyage with one or more
CDC barges, in which case the towing
vessel operator shall submit the required report to the IRVMC as soon as
possible after receiving orders to make
up a tow with one or more CDC barges;

(iii) Upon dropping off one or more
CDC barges at a fleeting area or facility;
(iv) Upon picking up one or more additional CDC barges from a fleeting
area or facility;
(v) At designated reporting points,
set forth in paragraph of this section;
(vi) When the estimated time of arrival (ETA) to a reporting point varies
by 6 hours from the previously reported
ETA;
(vii) Any significant deviation from
previously reported information;
(viii) Upon departing the RNA with
one or more CDC barges; and
(ix) When directed by the IRVMC.
(2) The fleeting area manager responsible for one or more CDC barges in the
RNA must report all the information
items specified in table 165.921(g), in
paragraph (g) of this section, to the
IRVMC:
(i) Once daily, report all CDC barges
within the fleeting area;
(ii) Upon moving one or more CDC
barges within a fleeting area by a fleet
tow boat;
(iii) Any significant deviation from
previously reported information; and
(iv) When directed by the IRVMC.
(3) Reports required by this section
may be made by a company representative or dispatcher on behalf of the
fleeting area manager.
(4) Reports required by this section
must be made to the IRVMC either by
telephone to (866) 442–6089, by fax to
(866)
442–6107,
or
by
e-mail
to
[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,

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§ 165.921

33 CFR Ch. I (7–1–10 Edition)

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(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 (7–1–10 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–2009–1080,
75 FR 759, Jan. 6, 2010, § 165.923 was suspended
from Jan. 6, 2010 until 5 p.m. on Dec. 1, 2010.

§ 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 (7–1–10 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 all waters of Lake
Michigan bounded by a line drawn from
41°53′24″ N, 087°35′59″ W; then east to
41°53′15″ N, 087°35′26″ W; then south to
41°52′49″ N, 087°35′26″ W; then southwest
to 41°52′27″ N, 087°36′37″ W; then north
to 41°53′15″ N, 087°36′33″ W; then east returning to the point of origin. (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

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§ 165.929

33 CFR Ch. I (7–1–10 Edition)

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—
(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

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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
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

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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.
(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 Har-

bor, 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).

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(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
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 Spe-

cial 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 bounded by a line drawn from
41°37′42″ N, 087°16′38″ W; then east to
41°37′54″ N, 087°14′00″ W; then south to
41°37′30″ N, 087°13′56″ W; then west to
41°37′17″ N, 087°16′36″ W; then north returning to the point of origin. (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;

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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
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.

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(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 all waters of Lake Michigan bounded by a line drawn from
41°53′03″ N, 087°36′36″ W; then east to
41°53′03″ N, 087°36′21″ W; then south to
41°52′27″ N, 087°36′21″ W; then west to
41°52′27″ N, 087°36′37″ W; then north returning to the point of origin (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.

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§ 165.929

33 CFR Ch. I (7–1–10 Edition)

(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
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.
(82) Cochrane Cup; Blue Island, IL—(i)
Location. All waters of the Calumet Sag
Channel from the South Halstead

Street Bridge at 41°39′27″ N, 087°38′29″
W; to the Crawford Avenue Bridge at
41°39′05″ N, 087°43′08″ W; and the Little
Calumet River from the Ashland Avenue Bridge at 41°39′7″ N, 087°39′38″ W; to
the junction of the Calumet Sag Channel at 41°39′23″ N, 087°39′ W (NAD 83).
(ii) Enforcement date and time. The
first Saturday of May; 6:30 a.m. to 5
p.m.
(83) World War II Beach Invasion Reenactment; St. Joseph, MI—(i) Location.
All waters of Lake Michigan in the vicinity of Tiscornia Park in St. Joseph,
MI beginning at 42°06.55 N, 086°29.23 W;
then west/northwest along the north
breakwater to 42°06.59 N, 086°29.41 W;
the northwest 100 yards to 42°07.01 N,
086°29.44 W; then northeast 2,243 yards
to 42°07.50 N, 086°28.43 W; the southeast
to the shoreline at 42°07.39 N, 086°28.27
W; then southwest along the shoreline
to the point of origin (NAD 83).
(ii) Enforcement date and time. The
third Saturday of June; 8 a.m. to 2 p.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

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§ 165.931

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.

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[CGD09–07–005, 72 FR 32183, June 12, 2007, as
amended by USCG–2010–0129, 75 FR 26652,
May 12, 2010]

§ 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:
(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]

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§ 165.933

33 CFR Ch. I (7–1–10 Edition)

§ 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
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 appro-

priate 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]

§ 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.

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§ 165.939

(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.
[CGD09–07–008, 72 FR 32523, June 13, 2007]

§ 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 500foot 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 500foot 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 500foot radius of land position: 43°09′25″ N,
076°20′21″ W; in Baldwinsville, NY.
(DATUM: NAD 83).

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§ 165.939

33 CFR Ch. I (7–1–10 Edition)

(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 350foot 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—(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 500foot 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).

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(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.
(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

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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
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 fireworks 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.

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(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:
(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 posi-

tion 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.

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(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
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:

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(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
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).

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(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
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:

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(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
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.
(50) Celebrate America Fireworks,
Grosse Pointe Farms, MI:
(i) Location: All waters of Lake St.
Clair within a 500-foot radius of the
fireworks launch site located at position 42°22′58″ N, 082°53′46″ W. (NAD 83).
This area is located southeast of the
Grosse Point Yacht Club.
(ii) Expected date: One evening during
the third week in June. The exact
dates and times for this event will be
determined annually.
(51) Target Fireworks, Detroit, MI:
(i) Location: The following three
areas are safety zones:
(A) The first safety zone area will encompass all waters of the Detroit River
bounded by the arc of a circle with a
900-foot radius with its center in position 42°19′23″ N, 083°04′34″ W.
(B) The second safety zone area will
encompass a portion of the Detroit
River bounded on the South by the
International Boundary line, on the
West by 083°03′30″ W, on the North by
the City of Detroit shoreline and on
the East by 083°01′15″ W.
(C) The third safety zone will encompass a portion of the Detroit River
bounded on the South by the International Boundary line, on the West by
the Ambassador Bridge, on the North
by the City of Detroit shoreline, and on
the East by the downstream end of

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erowe on DSK5CLS3C1PROD with CFR

§ 165.941

33 CFR Ch. I (7–1–10 Edition)

Belle Isle. The Captain of the Port Detroit has determined that vessels below
65 feet in length may enter this zone.
(ii) Expected date: One evening during
the last week in June. The exact dates
and times for this event will be determined annually.
(52) Sigma Gamma Association Fireworks, Grosse Pointe Farms, MI:
(i) Location: All waters of Lake St.
Clair, within a 300-yard radius of the
fireworks launch site located at position 42°27′ N, 082°52′ W (NAD 83) This
position is located in the vicinity of
Ford’s Cove.
(ii) Expected date: One evening during
the last week in June. The exact dates
and times for this event will be determined annually.
(53) Southside Summer Fireworks,
Port Huron, MI:
(i) Location: All waters of St. Clair
River within a 300 yard radius of position 42°57′55″ N, 082°25′20″ W. This position is located on the shore of the St.
Clair River in the vicinity of Oak and
3rd Street, Port Huron, MI. All geographic coordinates are North American Datum of 1983 (NAD 83).
(ii) Expected date: One evening during
the last week in June. The exact dates
and times for this event will be determined annually.
(54) Bay City Fireworks Festival, Bay
City, MI:
(i) Location: All waters of the Saginaw River near Bay City, MI, from the
Veteran’s Memorial Bridge, located at
position 43°35.8′ N; 083°53.6′ W, south approximately 1000 yards to the River
Walk Pier, located at position 43°35.3′
N; 083°53.8′ W. All geographic coordinates are North American Datum of
1983 (NAD 83).
(ii) Expected date: Three evenings during the first week in July. The exact
dates and times for this event will be
determined annually.
(55) Toledo 4th of July 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, 083°31′54″ W. All geographic coordinates are North American Datum of 1983 (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.
(56) Toledo Labor Day 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, 083°31′54″ W. All geographic coordinates are North American Datum of 1983 (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.
(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.

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Coast Guard, DHS

§ 165.T11–304

(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
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.
[USCG–2008–0218, 73 FR 46197, Aug. 8, 2008, as
amended by USCG–2010–0126, 75 FR 32668,
June 9, 2010]

ELEVENTH COAST GUARD DISTRICT

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§ 165.T11–281 Safety Zone; Lake Mead
Intake Construction; Lake Mead,
Boulder City, NV.
(a) Location. The limits of the safety
zone will include the navigable waters
of Lake Mead within a 1300 foot radius
around the construction vessels located
at approximately 36°05′24″ N, 114°45′60″
W.
(b) Enforcement period. This section
will be enforced from March 15, 2010
through December 31, 2010 during construction operations. The safety zone
will only be enforced during blasting,
excavation, and other general construction operations. General public
boating will be notified prior to commencement of construction operations
by construction crew via Broadcast No-

tice to Mariners. If the construction
concludes prior to the scheduled termination time, the COTP will cease enforcement of this safety zone.
(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) Vessels involved in the construction operations are allowed in the confines of the established safety zone.
(4) All persons and vessels must 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 must
proceed as directed.
(6) The Coast Guard may be assisted
by other federal, state, or local agencies.
EFFECTIVE DATE NOTE: By USCG–2009–1031,
75 FR 13234, Mar. 19, 2010, temporary
§ 165.T11–281 was added, effective Mar. 19, 2010
through Dec. 31, 2010.

§ 165.T11–304 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 8:50 p.m. to 10

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§ 165.1101

33 CFR Ch. I (7–1–10 Edition)

p.m. on March 27, 2010 through September 6, 2010. 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,
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.

erowe on DSK5CLS3C1PROD with CFR

EFFECTIVE DATE NOTE: By USCG–2010–0213,
75 FR 19250, Apr. 14, 2010, temporary § 165.T11–
304 was added, effective from Mar. 27, 2010
through Sept. 6, 2010.

§ 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; Naval Base
Point Loma; San Diego Bay, San
Diego, CA.
(a) Location. The following area is a
security zone: The water adjacent to
the Naval Base Point Loma, San Diego,
CA, enclosed by the following coordinates:
32°42.48′ N, 117°14.22′ W (Point A);
32°42.48′ N, 117°14.21′ W (Point B);
32°42.17′ N, 117°14.05′ W (Point C);
32°41.73′ N, 117°14.21′ W (Point D);
32°41.53′ N, 117°14.23′ W (Point E);
32°41.55′ N, 117°14.02′ W (Point F);
32°41.17′ N, 117°13.95′ W (Point G);
32°41.17′ N, 117°13.97′ W (Point H);
thence running generally north along the
shoreline to Point A.

(b) Regulations. (1) The general regulations governing security zones found
in 33 CFR 165.33 apply to the security
zone described in paragraph (a) of this
section.
(2) Entry into, or remaining in, the
area of this zone is prohibited unless

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Coast Guard, DHS

§ 165.1105

authorized by the Captain of the Port
San Diego; Commanding Officer, Naval
Base Point Loma; or Commander, Navy
Region Southwest.
(3) Persons desiring to transit the
area of the security zone may request
permission from the Captain of the
Port San Diego at telephone number
(619) 278–7033 or on VHF channel 16
(156.8 MHz) or from either the Commanding Officer, Naval Base Point
Loma or the Commander, Navy Region
Southwest by calling the Navy Port
Operation Dispatch at telephone number (619) 556–1433 or on VHF–FM channels 16 or 12. If permission is granted,
all persons and vessels must comply
with the instructions of the Captain of
the Port San Diego or his or her designated representative.
(c) Definitions. For purposes of this
section: Captain of the Port San Diego,
means the Commanding Officer of the
Coast Guard Sector San Diego; Commander, Navy Region Southwest, means
Navy Region Commander responsible
for the Southwest Region; Commanding
Officer, Naval Base Point Loma, means
the Installation Commander of the
naval base located on Point Loma, San
Diego, California; Designated Representative, means any U.S. Coast Guard
commissioned, warrant, or petty officer who has been designated by the
Captain of the Port San Diego to assist
in the enforcement of the security zone
described in paragraph (a) of this section.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol
and enforcement of the security zone
described in paragraph (a) of this section by the U.S. Navy and local law enforcement agencies.

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[USCG–2008–1016, 74 FR 50708, Oct. 1, 2009]

§ 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 (7–1–10 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]

erowe on DSK5CLS3C1PROD with CFR

§ 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]

erowe on DSK5CLS3C1PROD with CFR

§ 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 (7–1–10 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

§ 165.1141

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.

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[COTP San Diego Reg. 87–04, 52 FR 18230,
May 14, 1987. Redesignated by USCG–2001–
9286, 66 FR 33642, June 25, 2001]

§ 165.1141 Safety Zone; San Clemente 3
NM Safety Zone, San Clemente Island, CA.
(a) Location. The following area is a
safety zone: All waters of the Pacific
Ocean surrounding San Clemente Island, from surface to bottom, extending from the high tide line on the island seaward 3 NM. The zone consists
of the following sections (see Figure 1):

(1) Section A
Beginning at 33°02.05′ N, 118°35.85′ W;
thence to 33°04.93′ N, 118°37.07′ W;
thence running parallel to the shore at
a distance of approximately 3 NM from
the high tide line to 33°02.82′ N,
118°30.65′ W; thence 33°01.29′ N, 118°33.88′
W; thence along the shoreline returning to 33°02.05′ N, 118°35.85′ W.
(2) Section B
Beginning at 32°57.30′ N, 118°30.88′ W;
thence to 32°59.60′ N, 118°28.33′ W;
thence running parallel to the shore at
a distance of approximately 3 NM from
the high tide line to 32°55.83′ N,
118°24.22′ W; thence to 32°53.53′ N,
118°26.52′ W; thence along the shoreline
returning to 32°57.30′ N, 118°30.88′ W.
(3) Section C
Beginning at 32°53.53′ N, 118°26.52′ W;
thence to 32°55.83′ N, 118°24.22′ W;
thence running parallel to the shore at
a distance of approximately 3 NM from
the high tide line to 32°47.27′ N,
118°18.23′ W; thence to 32°49.10′ N,
118°21.05′ W; thence along the shoreline
returning to 32°53.53′ N, 118°26.52′ W.
(4) Section D
Beginning at 32°49.10′ N, 118°21.05′ W;
thence to 32°47.27′ N, 118°18.23′ W;
thence running parallel to the shore at
a distance of approximately 3 NM from
the high tide line to 32°48.38′ N,
118°31.69′ W; thence to 32°50.70′ N,
118°29.37′ W; thence along the shoreline
returning to 32°49.10′ N, 118°21.05′ W.
(5) Section E
Beginning at 32°50.70′ N, 118°29.37′ W;
thence to 32°48.05′ N, 118°31.68′ W;
thence running parallel to the shore at
a distance of approximately 3 NM from
the high tide line to 32°53.62′ N,
118°35.93′ W; thence to 32°56.13′ N,
118°32.95′ W; thence along the shoreline
returning to 32°50.70′ N, 118°29.37′ W.
(6) Section F
Beginning at 32°56.13′ N, 118°32.95′ W;
thence to 32°53.62′ N, 118°35.93′ W;
thence running parallel to the shore at
a distance of approximately 3 NM from
the high tide line to 32°59.95′ N,
118°39.77′ W; thence to 33°01.08′ N,

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§ 165.1141

33 CFR Ch. I (7–1–10 Edition)

118°36.33′ W; thence along the shoreline
returning to 32°56.13′ N, 118°32.95′ W.
(7) Section G

(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 (COTP).
(c) Enforcement. (1) This regulation
will be enforced at all times in Section

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Beginning at 33°01.08’ N, 118°36.333’ W;
thence to 32°59.95′ N, 118°39.77′ W;
thence running parallel to the shore at
a distance of approximately 3 NM from
the high tide line to 33°04.93′ N,
118°37.07′ W; thence to 33°02.05′ N,
118°35.85′ W; along the shoreline returning to 33°01.08′ N, 118°36.33′ W.

(8) Wilson Cove
Beginning at 33°01.28′ N, 118°33.88′ W;
thence to 33°02.82′ N, 118°30.65′ W;
thence running parallel to the shore at
a distance of approximately 3 NM from
the high tide line to 32°59.60’ N,
118°28.33′ W; thence to 32°57.30′ N,
118°30.88′ W; thence along the shoreline
returning to 33°01.28′ N, 118°33.88′ W.

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Coast Guard, DHS

§ 165.1151

G and the Wilson Cove section of the
safety zone described in paragraph (a)
of this section. Mariners must obtain
permission in accordance with the procedure described in paragraph (d)(2) of
this section before entering either of
those sections (paragraphs (a)(7) and
(8)).
(2) This regulation will be enforced in
Sections A through F of the safety
zone described in paragraphs (a)(1)
through (6) of this section except when
the Coast Guard notifies the public
that enforcement of the zone in specified sections is temporarily suspended.
Mariners need not obtain permission in
accordance with the procedure described in paragraph (d)(2) of this section to enter a zone section in which
enforcement is temporarily suspended.
At all other times, mariners must obtain permission in accordance with the
procedure described in paragraph (d)(2)
before entering any of those sections.
(3) The COTP will provide notice of
suspended enforcement by means appropriate to effect the widest publicity,
including broadcast notice to mariners,
publication in the local notice to mariners, and posting the schedule of restricted access periods by date, location
and
duration
at
http://
www.scisland.org.
(d) Regulations. (1) The general regulations governing safety zones found in
33 CFR 165.23 apply to the safety zone
described in paragraph (a) of this section.
(2) Mariners requesting permission to
transit through any section of the zone
may request authorization to do so
from the Fleet Area Control and Surveillance Facility (FACSFAC) San
Diego by either calling 619–545–4742 or
establishing a VHF bridge to bridge
radio connection on Channel 16. Immediately upon completing transit, the
vessel operator must promptly notify
the FACSFAC of safe passage through
the safety zone. Failure to expeditiously notify FACSFAC of passage
through the safety zone will result in a
determination by the Navy that the
vessel is still in the safety zone, thereby restricting the use of the area for
naval operations. If the Navy determines that facilitating safe transit
through the zone negatively impacts
range operations, the Navy will cease

this practice and enforce the safety
zones in these two areas without exception.
(3) All persons and vessels must comply with the instructions of the U.S.
Navy, Coast Guard Captain of the Port
or the designated representative.
(4) Upon being hailed by U.S. Navy or
U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other
means, the operator of a vessel must
proceed as directed.
(5) The U.S. Coast Guard may be assisted in the patrol and enforcement of
the safety zone described in paragraph
(a) of this section by the U.S. Navy and
local law enforcement agencies.
[USCG–2009–0277, 75 FR 28198, May 20, 2010]

§ 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.

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§ 165.1152

33 CFR Ch. I (7–1–10 Edition)

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(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.
(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.

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′

(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
33°42.50′ N ............................
33°42.62′
33°41.30′
33°40.85′
33°42.50′

N
N
N
N

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

Longitude
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
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

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

Longitude
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
N
N
N
N
N

Longitude

[COTP Los Angeles-Long Beach 02–005, 68 FR
13233, Mar. 19, 2003]

33°42.47′
33°42.56′
33°39.48′
33°39.42′
33°42.47′

§ 165.1152 San Pedro Bay, California—
Regulated navigation area.

(iv) The Long Beach Deep Water Traffic Lane:

(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°43.43′
33°43.39′
33°41.51′
33°41.50′
33°43.43′

N
N
N
N
N

118°14.95′
118°14.75′
118°13.32′
118°13.55′
118°14.95′

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W
W
W
W
W

Longitude

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

118°11.15′
118°10.90′
118°10.71′
118°10.95′
118°11.15′

W
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.

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W

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erowe on DSK5CLS3C1PROD with CFR

Coast Guard, DHS

§ 165.1154

(1) A vessel shall not exceed a speed
of 12 knots through the water within
the RNA.
(2) A vessel navigating within the
RNA, shall have its engine(s) ready for
immediate maneuver and shall operate
its engine(s) in a control mode and on
fuel that will allow for an immediate
response to any engine order, ahead or
astern, including stopping its engine(s)
for an extended period of time.
(3) A vessel navigating within the
RNA shall maintain a minimum separation from other vessels of at least
0.25 nm.
(e) Specific regulations—(1) Los Angeles
Pilot Area. (i) No vessel may enter the
Los Angeles Pilot Area unless it is entering or departing Los Angeles Harbor
entrance (Angels Gate).
(ii) Vessels entering the Los Angeles
Pilot Area shall pass directly through
without stopping or loitering except as
necessary to embark or disembark a
pilot.
(2) Long Beach Pilot Area. (i) No vessel
may enter the Long Beach Pilot Area
unless it is entering or departing Long
Beach Harbor entrance (Queens Gate).
(ii) Vessels entering the Long Beach
Pilot Area shall pass directly through
without stopping or loitering except as
necessary to embark or disembark a
pilot.
(iii) Every vessel shall leave Long
Beach Approach Lighted Whistle Buoy
‘‘LB’’ to port when entering and departing Long Beach Channel and departing vessels shall pass across the
southern boundary of the Long Beach
Pilot Area.
(3) Los Angeles and Long Beach Deep
Water Traffic Lanes. When a vessel of 50
foot draft or greater is using the Los
Angeles or Long Beach Deep Water
Traffic Lane no other vessel shall enter
the Deep Water Traffic Lane if it will
result in a meeting, crossing or overtaking situation.
(4) Los Angeles Deep Water Pilot Area.
When a vessel of 50 foot draft or greater is embarking or disembarking a
pilot in the Los Angeles Deep Water
Pilot Area no other vessel shall enter
the Deep Water Pilot Area.
(5) Vessels described in paragraph (d)
of this section may not enter the waters between Commercial Anchorage G
and the Middle Breakwater as defined

by an area enclosed by the line beginning at Los Angeles Main Channel Entrance Light 2 (33°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.
[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 vessel, except for a ferry, over 100 feet in
length, authorized to carry more than
12 passengers for hire; making voyages
lasting more than 24 hours, any part of
which is on the high seas; and for
which passengers are embarked or disembarked in the Port of Los Angeles or
Port of Long Beach.
(b) Location. The following areas are
security zones:
(1) All waters, extending from the
surface to the sea floor, within a 100
yard radius around any cruise ship that
is anchored at a designated anchorage
either inside the Federal breakwaters
bounding San Pedro Bay or outside at
designated anchorages within 3 nautical miles of the Federal breakwaters;
(2) The shore area and all waters, extending from the surface to the sea
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

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§ 165.1155

33 CFR Ch. I (7–1–10 Edition)

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,
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]

erowe on DSK5CLS3C1PROD with CFR

§ 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.
[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

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§ 165.1181

as defined in 33 CFR chapter I, subchapters D and E and safe navigation
practice.

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[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,
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;

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§ 165.1181

33 CFR Ch. I (7–1–10 Edition)

thence along the shoreline to the point of beginning.

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

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:

(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.

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.

Datum: NAD 83
(3) Golden Gate Separation Zone: The
area 75 yards each side of a line connecting the following coordinates:
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.

erowe on DSK5CLS3C1PROD with CFR

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:

Datum: NAD 83
(D) Central Bay Separation Zone: The
area 75 yards each side of a line connecting the following coordinates, beginning at:
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
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.

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,

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Coast Guard, DHS

§ 165.1181

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
(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
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.

erowe on DSK5CLS3C1PROD with CFR

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
(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″ N, 122°19′58″ W; thence to
37°48′50″ N, 122°20′02″ W; thence to
37°48′29″ N, 122°20′39″ W; thence to
37°48′13″ N, 122°21′26″ W; thence to
37°48′10″ N, 122°21′39″ W; thence to
37°48′20″ N, 122°22′12″ W; thence to
37°47′36″ N, 122°21′50″ W; thence to
37°47′52″ N, 122°21′40″ W; thence 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.

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§ 165.1181

33 CFR Ch. I (7–1–10 Edition)

(e) Specific Regulations—(1) San Francisco Bay RNA: (i) A vessel shall navigate with particular caution in a precautionary area, or in areas near the
terminations of traffic lanes or channels, as described in this regulation.
(ii) A power-driven vessel of 1600 or
more gross tons, or a tug with a tow of
1600 or more gross tons, shall:
(A) Use the appropriate traffic lane
and proceed in the general direction of
traffic flow for that lane;
(B) Use the Central Bay Deep Water
Traffic Lane if eastbound with a draft
of 45 feet or greater or westbound with
a draft of 28 feet or greater;
(C) Not enter the Central Bay Deep
Water Traffic Lane when another
power-driven vessel of 1600 or more
gross tons or tug with a tow of 1600 or
more gross tons is navigating therein
when either vessel is:
(1) Carrying certain dangerous cargoes (as denoted in section 160.203 of
this subchapter);
(2) Carrying bulk petroleum products; or
(3) A tank vessel in ballast if such
entry would result in meeting, crossing, or overtaking the other vessel.
(D) Normally join or leave a traffic
lane at the termination of the lane, but
when joining or leaving from either
side, shall do so at as small an angle to
the general direction of traffic flow as
practicable;
(E) So far as practicable keep clear of
the Central Bay Separation Zone and
the Deep Water Traffic Lane Separation Zone;
(F) Not cross a traffic lane separation
zone unless crossing, joining, or leaving a traffic lane.
(2) Pinole Shoal Channel RNA: (i) A
vessel less than 1600 gross tons or a tug
with a tow of less than 1600 gross tons
is not permitted within this RNA.
(ii) A power-driven vessel of 1600 or
more gross tons or a tug with a tow of
1600 or more gross tons shall not enter
Pinole Shoal Channel RNA when another power-driven vessel of 1600 or
more gross tons or tug with a tow of
1600 or more gross tons is navigating
therein if such entry would result in
meeting, crossing, or overtaking the
other vessel, when either vessel is:

(A) Carrying certain dangerous cargoes (as denoted in § 160.203 of this subchapter);
(B) Carrying bulk petroleum products; or
(C) A tank vessel in ballast.
(iii) Vessels permitted to use this
channel shall proceed at a reasonable
speed so as not to endanger other vessels or interfere with any work which
may become necessary in maintaining,
surveying, or buoying the channel, and
they shall not anchor in the channel
except in case of a deviation authorized
under paragraph (b) of this section.
(iv) This paragraph shall not be construed as prohibiting any necessary use
of the channel by any public vessels
while engaged in official duties, or in
emergencies by pilot boats.
(3) Benicia-Martinez Railroad Drawbridge
Regulated
Navigation
Area
(RNA)—(i) Eastbound vessels: (A) The
master, pilot, or person directing the
movement of a power-driven vessel of
1600 or more gross tons or a tug with a
tow of 1600 or more gross tons traveling
eastbound and intending to transit
under the lift span (centered at coordinates 38°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

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§ 165.1183

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
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.

erowe on DSK5CLS3C1PROD with CFR

[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]

§ 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, posi-

tions 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—

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§ 165.1185

33 CFR Ch. I (7–1–10 Edition)

Cruise ship means any vessel over 100
gross register tons, carrying more than
12 passengers for hire which makes
voyages lasting more than 24 hours, of
which any part is on the high seas. Passengers from cruise ships are embarked
or disembarked in the U.S. or its territories. Cruise ships do not include ferries that hold Coast Guard Certificates
of Inspection endorsed for ‘‘Lakes,
Bays and Sounds’’ that transit international waters for only short periods
of time on frequent schedules.
High Interest Vessel or HIV means any
vessel deemed by the Captain of the
Port, or higher authority, as a vessel
requiring protection based upon risk
assessment analysis of the vessel and is
therefore escorted by a Coast Guard or
other law enforcement vessel with an
embarked Coast Guard commissioned,
warrant, or petty officer.
Tanker means any self-propelled tank
vessel constructed or adapted primarily to carry oil or hazardous materials in bulk in the cargo spaces.
(b) Locations. The following areas are
security zones:
(1) San Francisco Bay. All waters, extending from the surface to the sea
floor, within 100 yards ahead, astern
and extending 100 yards along either
side of any cruise ship, tanker or HIV
that is underway, anchored, or moored
within the San Francisco Bay and
Delta port areas shoreward of the line
drawn between San Francisco Main
Ship Channel buoys 7 and 8 (LLNR 4190
& 4195, positions 37°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

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Coast Guard, DHS

§ 165.1190

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]

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§ 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
necessary for safe navigation, to conduct official business such as scheduled
maintenance or retrofit operations, or
unless specifically authorized by the
Captain of the Port San Francisco Bay
or his designated representative.
(2) Persons desiring to transit the
area of the security zone may contact
the Captain of the Port at telephone
number 415–399–3547 or on VHF-FM
channel 16 (156.8 MHz) to seek permission to transit the area. If permission
is granted, all persons and vessels must
comply with the instructions of the
Captain of the Port or his or her designated representative.
(c) Enforcement. All persons and vessels shall comply with the instructions
of the Coast Guard Captain of the Port
or the designated on-scene patrol personnel. Patrol personnel comprise commissioned, warrant, and petty officers
of the Coast Guard onboard Coast
Guard, Coast Guard Auxiliary, local,
state, and federal law enforcement vessels. Upon being hailed by U.S. Coast
Guard patrol personnel by siren, radio,
flashing light, or other means, the operator of a vessel shall proceed as directed.
[COTP San Francisco Bay 03–029, 69 FR 11316,
Mar. 10, 2004]

§ 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.

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§ 165.1191

33 CFR Ch. I (7–1–10 Edition)

(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.

(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 .........................

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

Sponsor .....................................
Event Description ......................
Date ...........................................
Location .....................................
Regulated Area .........................

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.

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Fourth of July Fireworks, Lake Tahoe
Sponsor .....................................
Event Description ......................
Date ...........................................
Location .....................................

Anchor Trust.
Fireworks Display.
July 4th.
1,000 feet off Incline Village, Nevada in Crystal Bay.

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Coast Guard, DHS

§ 165.1191
TABLE 1 TO § 165.1191—Continued
[All coordinates referenced use datum NAD 83]

Regulated Area .........................

That area of navigable waters within a 1,000 foot radius of the launch platform.

Fourth of July Fireworks, South Lake Tahoe Gaming Alliance
Sponsor .....................................
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.
Independence Day Fireworks

Sponsor .....................................
Event Description ......................
Date ...........................................
Location .....................................
Regulated Area .........................

North Tahoe Fire Protection District.
Fireworks Display.
July 4th.
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.

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[CGD 11–99–007, 64 FR 39030, July 21, 1999. Redesignated by USCG–2001–9286, 66 FR 33642, June
25, 2001]

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§ 165.1192

33 CFR Ch. I (7–1–10 Edition)

§ 165.1192 Security Zones; Waters surrounding San Francisco International Airport and Oakland International Airport, San Francisco
Bay, California.
(a) Locations. The following areas are
security zones:
(1) San Francisco International Airport
Security Zone. This security zone includes all waters extending from the
surface to the sea floor within approximately 200 yards seaward from the
shoreline of the San Francisco International Airport and encompasses all
waters in San Francisco Bay within a
line connecting the following geographical positions—
Latitude
37°36′19″
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
N

Longitude
122°22′36″ W
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

[COTP San Francisco Bay 03–009, 69 FR 34282,
June 21, 2004]

and along the shoreline back to the beginning point.
(2) Oakland International Airport Security Zone. This security zone includes
all waters extending from the surface
to the sea floor within approximately
200 yards seaward from the shoreline of
the Oakland International Airport and
encompasses all waters in San Francisco Bay within a line connecting the
following geographical positions—
Latitude

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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″

ing 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.

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 anchor-

§ 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 Channel and the Humboldt Bay Entrance
Channel, Humboldt Bay, California.
(b) Definitions. As used in this section—
COTP means the Captain of the Port
as defined in 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

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Coast Guard, DHS

§ 165.1195

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
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

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§ 165.1197

33 CFR Ch. I (7–1–10 Edition)

(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.

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″

Latitude

§ 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,
Richmond, CA, and encompasses all
waters in San Francisco Bay within a
line connecting the following geographical positions—
Latitude

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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″

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″

W
W
W
W
W
W
W
W
W
W
W

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″

N
N
N
N
N
N
N
N

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″

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 extending 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—
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

W
W
W
W
W
W
W
W

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—

[CGD11–05–006, 70 FR 49492, Aug. 24, 2005]

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

Longitude

N
N
N
N
N
N
N
N

Longitude
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″

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

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Coast Guard, DHS

§ 165.1199

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—
Latitude
38°02′37.6″
38°02′34.7″
38°02′44.1″
38°02′48.0″
38°02′47.7″

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

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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
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.
[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,

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§ 165.T13–137

33 CFR Ch. I (7–1–10 Edition)

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]

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THIRTEENTH COAST GUARD DISTRICT
§ 165.T13–137 Safety Zone; North Jetty,
named
the
Barview
Jetty,
Tillamook Bay, OR.
(a) Location. The following area is a
safety zone: All waters within a 250 feet
radius of the north jetty, named the
Barview Jetty, near Tillamook Bay,
Oregon starting at latitude 45°34′12″ N,
longitude 123°57′31″ W; thence heading
offshore to latitude 45°34′12″ N, longitude 123°57′58″ W; thence across the
tip of the jetty to latitude 45°34′17.5″ N,
longitude 123°57′58″ W; thence back inland to latitude 45° 34′ 15″ N, longitude
123°57′31″ W.
(b) Regulations. In accordance with
the general regulations in § 165.23, no
person may enter or remain in the safety zone created in paragraph (a) of this
section or bring, cause to be brought,
or allow to remain in the safety zone
created in paragraph (a) of this section
any vehicle, vessel or object unless au-

thorized by the Captain of the Port or
his designated representative.
(c) Enforcement. The safety zone will
be enforced daily June 15, 2010 through
September 31, 2010 between the hours of
5:30 a.m. and 7:30 p.m.
(1) The Captain of the Port, Sector
Portland, will notify the public of the
enforcement and suspension of enforcement of the safety zone established by
this section via any means that will
provide as much notice as possible to
the public. These means might include
some or all of those listed in 33 CFR
165.7(a). The primary method of notification, however, will be through Broadcast Notice to Mariners and local Notice to Mariners.
(d) Effective period. The safety zone
created in paragraph (a) of this section
will be in effect from 12:01 a.m. June 15,
2010 until 11:59 p.m. September 30, 2010
while work is being conducted on the
jetty.
EFFECTIVE DATE NOTE: By USCG–2010–0214,
75 FR 35972, June 24, 2010, temporary
§ 165.T13–137 was added, effective from June
24, 2010 until 11:59 p.m. on Sept. 30, 2010.

§ 165.T13–149 Safety Zone; McNaryJohn
Day
Transmission
Line
Project,
Columbia
River,
Hermiston, OR.
(a) Location: The following is a safety
zone: All waters of the Columbia River
between two lines with the first line
starting at the north bank at 45° 56′
16.5″ N/119° 19′ 24″ W then across the
river to the south bank at 45° 55′ 47″ N/
119° 19′ 07″ W and the second line starting at the north bank at 45° 56′ 05″ N/
119° 19′ 48″ W and then across the river
to the south bank at 45° 55′ 44″ N/119° 19′
38″ W. Geographically this location is
from the West bridge of I–82 east approximately 1200 feet toward the
McNary Dam.
(b) Regulations. In accordance with
the general regulations in 33 CFR Part
165, Subpart C, no person may enter or
remain in the safety zone created in
this section or bring, cause to be
brought, or allow to remain in the safety zone created in this section any vehicle, vessel, or object unless authorized by the Captain of the Port or his
designated representative. Designated
representatives are Coast Guard personnel authorized by the Captain of the

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Coast Guard, DHS

§ 165.1301

Port to grant persons or vessels permission to enter or remain in the safety zone created by this section. See 33
CFR part 165, subpart C, for additional
information and requirements.
(c) Enforcement period. The safety
zone created in this section will be in
effect from 10 a.m.. on June 10, 2010
through 11:59 p.m. on October 31, 2011.

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EFFECTIVE DATE NOTE: By USCG–2010–0504,
75 FR 33999, June 16, 2010, temporary
§ 165.T13–149 was added, effective from June
16, 2010 until 11:59 p.m. on Oct. 31, 2010.

§ 165.1301 Puget Sound and Adjacent
Waters in Northwestern Washington—Regulated Navigation Area.
The following is a regulated navigation area—All of the following northwestern Washington waters under the
jurisdiction of the Captain of the Port,
Puget Sound: Puget Sound, Hood
Canal, Possession Sound, Elliott Bay,
Commencement Bay, the San Juan Archipelago, Rosario Strait, Guemes
Channel, Bellingham Bay, U.S. waters
of the Strait of the Strait of Juan de
Fuca, Haro Strait, Boundary Pass, and
Georgia Strait, and all lesser bays and
harbors adjacent to the above.
(a) Definitions as used in this section:
(1) Vessels engaged in fishing are as
identified in the definition found in
Rule 3 of the International Regulations
for Prevention of Collisions at Sea,
1972, (72 COLREGS), found in appendix
A, part 81 of this chapter.
(2) Hazardous levels of vessel traffic
congestion are as defined at the time by
Puget Sound Vessel Traffic Service.
(b) Nothing in this section shall be
construed as relieving any party from
their responsibility to comply with applicable rules set forth in the 72
COLREGS.
(c) General Regulations: The provisions of this paragraph apply at all
times.
(1) Vessels engaged in fishing or
other operations—that are distinct
from vessels following a TSS or a connecting precautionary area east of New
Dungeness and which are not required
by the Bridge to Bridge Radiotelephone
Regulations to maintain a listening
watch, are highly encouraged to maintain a listening watch on the Puget
Sound Vessel Traffic Service (PSVTS)

VHF-FM radio frequency for the area
in which the vessel is operating. A safe
alternative to the radio listening
watch is to stay clear of the TSS and
connecting precautionary area.
(2) Vessels engaged in gill net fishing
at any time between sunset and sunrise
in any of the waters defining the regulated navigation are of this section
shall, in addition to the navigation
lights and shapes required by Part 81 of
this title (72 COLREGS), display at the
end of the net most distant from the
vessel on all-round (32-point) white
light visible for a minimum of two nautical miles and displayed from at least
three feet above the surface of the
water.
(3) Vessels engaged in fishing, including gillnet and purse seine fishing, are
prohibited in the following Prohibited
Fishing Area: The Hood Canal Bridge,
to include the waters within a one-half
nautical mile radius of the center of
the main ship channel draw span during the immediate approach and transit of the draw by public vessels of the
United States.
(4) East of New Dungeness, vessels
engaged in fishing in a traffic lane or
connecting precautionary area shall
tend nets or other gear placed in the
water so as to facilitate the movement
of the vessel or gear from the traffic
lane or precautionary area upon the
approach of a vessel following the TSS.
(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

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erowe on DSK5CLS3C1PROD with CFR

§ 165.1302

33 CFR Ch. I (7–1–10 Edition)

Dungeness when a vessel following a
TSS approaches. Such vessels not following a TSS or a connecting precautionary area shall draw in their
gear, maneuver, or otherwise clear
these areas so that their action is complete at least fifteen minutes before
the arrival of a vessel following the
TSS. Vessels which are required by this
paragraph to remain clear of a connecting precautionary area east of New
Dungeness or a traffic lane must also
remain clear of the adjacent separation
zone when in a TSS east of New Dungeness.
(2) A vessel following the TSS may
not exceed a speed of 11 knots through
the water.
(3) Vessels engaged in fishing, including gillnet and purse seine fishing, are
prohibited in the following Prohibited
Fishing Area: Edmonds/Kingston ferry
crossing lanes, to include the waters
within one-quarter nautical mile on either side of a straight line connecting
the Edmonds and Kingston ferry landings during the hours that the ferry is
operating.
(e) Authorization to deviate from
this section.
(1) Commander, Thirteenth Coast
Guard District may, upon written request, issue an authorization to deviate
from this section if the proposed deviation provides a level of safety equivalent to or beyond that provided by the
required procedure. An application for
authorization must state the need for
the deviation and describe the proposed
alternative operation.
(2) PSVTS may, upon verbal request,
authorize a deviation from this section
for a voyage, or part of a voyage, if the
proposed deviation provides a level of
safety equivalent to or beyond that
provided by the required procedure.
The deviation request must be made
well in advance to allow the requesting
vessel and the Vessel Traffic Center
(VTC) sufficient time to assess the
safety of the proposed deviation. Discussions between the requesting vessel
and the VTC should include, but are
not limited to, information on vessel
handling characteristics, traffic density, radar contracts, and environmental conditions.
(3) In an emergency, the master,
pilot, or person directing the move-

ment of the vessel following the TSS
may deviate from this section to the
extent necessary to avoid endangering
persons, property, or the environment,
and shall report the deviation to the
VTC as soon as possible.
[CGD 13–98–002, 63 FR 7708, Feb. 17, 1998]

§ 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., longitude 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

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Coast Guard, DHS

§ 165.1304

any further restrictions on vessel operations within the security zone as have
been previously agreed upon by the
Captain of the Port and Commanding
Officer, Naval Submarine Base Bangor.
The certificate of exemption shall be
maintained on board the exempted vessel so long as such vessel is operating
in the security zone.
(2) Any vessel authorized to enter or
remain in the security zone may anchor in the security zone anchorage.
(3) Other vessels desiring access to
this zone shall secure permission from
the Captain of the Port through the Security Office of the Naval Submarine
Base Bangor. The request shall be forwarded in a timely manner to the Captain of the Port by the appropriate
Navy official.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol
and monitoring of this security zone by
the U.S. Navy.
[CDG13 87–06, 52 FR 47924, Dec. 17, 1987]

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§ 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.
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
lingham, WA.

Bay,

(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

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§ 165.1305

33 CFR Ch. I (7–1–10 Edition)

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
coma, WA.

Bay,

Ta-

(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
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]

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§ 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).
[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
WA.

Columbia River, Vancouver,

(a) Location. The following area is a
safety zone: All waters of the Columbia

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Coast Guard, DHS

§ 165.1310

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.

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[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
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 pro-

posed precautionary measures. Requests should be submitted in triplicate, to facilitate review by U.S.
EPA, Coast Guard, and Washington
State Agencies. USEPA managed remedial design, remedial action, habitat
mitigation, or monitoring activities
associated with the Wyckoff/Eagle Harbor Superfund Site are excluded from
the waiver requirement. USEPA is required, however, to alert the Coast
Guard in advance concerning any of
the above-mentioned activities that
may, or will, take place in the Regulated Area.
[CGD 13–98–004, 64 FR 72561, Dec. 28, 1999]

§ 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).

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§ 165.1311

33 CFR Ch. I (7–1–10 Edition)

(c) Unless otherwise authorized by
the Commander, Thirteenth Coast
Guard District or his or her representative, no person or vessel may enter the
active Moving Exclusionary Zone except for:
(1) Authorized Makah whale hunt
vessel actively engaged in hunting operations under direction of the master
of the Makah vessel flying international numeral pennant five (5), and
(2) A single authorized media pool
vessel operating in accordance with
paragraph (f) of this section.
(d) The international numeral pennant five (5) is only authorized to be
displayed from one Makah whale hunt
vessel during actual whale hunt operations. No other vessels may display
this pennant within the RNA at any
time. Whale hunt operations commence when a whale hunt vessel is underway and its master intends to have
a whale killed during the voyage.
Whale hunt operations cease once this
intent is abandoned, a whale is landed,
or when the international numeral pennant five (5) is struck.
(e) The Makah Tribe shall make
SECURITE broadcasts beginning one
half hour before the commencement of
a hunt and every half hour thereafter
until hunting activities are concluded.
This broadcast shall be made on channel 16 VHF-FM and state:

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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
Area, Tacoma, WA.

Resource

(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

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Coast Guard, DHS

§ 165.1313

United States Environmental Protection Agency (USEPA) Project Manager
and the Washington State Department
of Natural Resources, may, upon written request, authorize a waiver from
this section if it is determined that the
proposed operation supports USEPA remedial objectives, or can be performed
in a manner that ensures the integrity
of the sediment cap. A written request
must describe the intended operation,
state the need, and describe the proposed precautionary measures. Requests shall be submitted in triplicate,
to facilitate review by USEPA, Coast
Guard, and Washington State Agencies.
USEPA managed remedial design, remedial action, habitat mitigation, or
monitoring activities associated with
the Olympic View Resource Area
Superfund Site are excluded from the
waiver requirement. USEPA is required, however, to alert the Coast
Guard in advance concerning any of
the above-mentioned activities that
may, or will, take place in the Regulated Area.
[CGD13–02–016, 68 FR 17735, Apr. 11, 2003]

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§ 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]

§ 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.

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§ 165.1314

33 CFR Ch. I (7–1–10 Edition)

(7) Tank ship means a self-propelled
tank vessel that is constructed or
adapted primarily to carry oil or hazardous material in bulk as cargo or
cargo residue in the cargo spaces. The
definition of tank ship does not include
tank barges.
(8) Washington Law Enforcement Officer means any General Authority
Washington Peace Officer, Limited Authority Washington Peace Officer, or
Specially Commissioned Washington
Peace Officer as defined in Revised
Code of Washington section 10.93.020.
(c) Security zone: There is established
a tank ship security zone extending for
a 500-yard radius around all tank ships
located in the navigable waters of the
United States in Puget Sound, WA,
east of 123 degrees, 30 minutes West
Longitude. [Datum: NAD 1983]
(d) Compliance: The tank ship security zone established by this section remains in effect around tank ships at all
times, whether the tank ship is underway, anchored, or moored. Upon notice
of enforcement by the Captain of the
Port Puget Sound, the Coast Guard
will enforce the tank ship security zone
in accordance with rules set out in this
section. Upon notice of suspension of
enforcement by the Captain of the Port
Puget Sound, all persons and vessels
are authorized to enter, transit, and
exit the tank ship security zone, consistent with the Navigation Rules.
(e) The Navigation Rules shall apply
at all times within a tank ship security
zone.
(f) When within a tank ship security
zone all vessels shall operate at the
minimum speed necessary to maintain
a safe course and shall proceed as directed by the on-scene official patrol or
tank ship master. No vessel or person
is allowed within 100 yards of a tank
ship, unless authorized by the on-scene
official patrol or tank ship master.
(g) To request authorization to operate within 100 yards of a tank ship,
contact the on-scene official patrol or
tank ship master on VHF-FM channel
16 or 13.
(h) When conditions permit, the 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 with-

in 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″

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Coast Guard, DHS

§ 165.1315

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

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§ 165.1315

33 CFR Ch. I (7–1–10 Edition)

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
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).
(15) Arlington Chamber of Commerce
Fireworks Display, Arlington, OR:
(i) Location. All waters of the Columbia River encompassed by lines connecting the following points in the vicinity of Arlington, Oregon: from the
southern shore of the Columbia River
at 45°43′23″ N 120°12′11″ W, thence to
45°43′29″ N 120°12′12″ W, thence to
45°43′31″ N 120°12′06″ W, thence to the
southern shore of the Columbia River
at 45°43′26″ N 120° 12′12″ W.
(ii) Enforcement period. This safety
zone is in effect from approximately
8:30 p.m. to approximately 11:30 p.m.
for one day during the last week of
June or the first week of July each
year.
(16) East County 4th of July Fireworks,
Gresham, OR:
(i) Location. All waters of the Columbia River encompassed in a 500 foot radius around position 45°33′33″ N
122°27′03″ W.
(ii) Enforcement period. This safety
zone is in effect from approximately
8:30 p.m. to approximately 11:30 p.m.
for one day during the first week of
July each year.
(17) Port of Cascade Locks July 5th
Fireworks Display, Cascade Locks, OR:
(i) Location. All waters of the Columbia River encompassed in a 500 foot radius around position 45°40′16″ N
121°53′38″ W.
(ii) Enforcement period. This safety
zone is in effect from approximately
8:30 p.m. to approximately 11:30 p.m.
for one day during the first week of
July each year.
(18) Astoria Regatta Association Fireworks Display, Astoria, OR:
(i) Location. All waters of the Columbia River encompassed by lines connecting the following points in the vicinity of Astoria, Oregon: from the
southern shore of the Columbia River

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at 46°22′34″ N 123°48′33″ W, thence to
46°11′52″ N 123°48′35″ W, thence to
46°11′52″ N 123°48′19″ W, thence to the
southern shore of the Columbia River
at 46°11′39″ N 123° 48′13″ W.
(ii) Enforcement period. This safety
zone is in effect from approximately
11:30 p.m. one day during the second
weekend of August each year.
(19) City of Washougal July 4th Fireworks Display, Washougal WA:
(i) Location. All waters of the Columbia River encompassed by lines connecting the following points in the vicinity of Washougal, Washington: from
the northern shore of the Columbia
River at 45°33′50″ N 122°20′16″ W, thence
to 45°33′42″ N 122°02′29″ W, thence to
45°33′53″ N 122°20′39″ W, thence to the
northern shore of the Columbia River
at 45°35′04″ N 122°20′53″ W.
(ii) Enforcement period. This safety
zone is in effect from approximately
8:30 p.m. to approximately 11:30 p.m.
one day during the first week of July
each year.
(20) City of St. Helens 4th of July Fireworks Display, St. Helens, OR:
(i) Location. All waters of the Columbia River encompassed in a 1200 foot radius around position 45°51′51″ N
122°47′22″ W.
(ii) Enforcement period. This safety
zone is in effect from approximately
8:30 p.m. to approximately 11:30 p.m.
one day during the first week of July
each year.
(21) Waverly Country Club 4th of July
Fireworks Display, Milwaukie, OR:
(i) Location. All waters of the Willamette River encompassed by lines connecting the following points in the vicinity of Milwaukie, Oregon: from
45°27′10″ N 122°29′35″ W, thence to
45°27′12″ N 122°39′25″ W, thence to
45°26′56″ N 122°39′15″ W, thence to
45°26′52″ N 122°39′25″ W.
(ii) Enforcement period. This safety
zone is in effect from approximately
8:30 p.m. to approximately 11:30 p.m.
one day during the first week of July
each year.
(22) Booming Bay Fireworks, Westport,
WA:
(i) Location. All waters of Grays Harbor encompassed in a 600 foot radius
around position 46°54′14″ N 124°06′08″ W.
(ii) Enforcement period. This safety
zone is in effect from approximately

8:30 p.m. to approximately 11:30 p.m.
one day during the last week of June or
the first week of July each year.
(23) Hood River 4th of July, Hood River,
OR:
(i) Location. All waters of the Columbia River encompassed in a 1000 foot radius around position 45°42′58″ N 121°
30″31″ W.
(ii) Enforcement period. This safety
zone is in effect from 8:30 p.m. to approximately 11:30 p.m. one day during
the last week of June or the first week
of July each year.
(24) Rufus 4th of July Fireworks, Rufus,
OR:
(i) Location. All waters of the Columbia River encompassed in a 500 foot radius around position 45°41′30″ N
120°45′47″ W.
(ii) Enforcement period. This safety
zone is in effect from approximately
8:30 p.m. to approximately 11:30 p.m.
for one day during the last week of
June or the first week of July each
year.
(b) Regulations. In accordance with
§ 165.23 of this part, no person may
enter or remain in these safety zones
unless authorized by the Captain of the
Port, Portland or his/her designated
representative. Also in accordance with
§ 165.23 of this part, no person may
bring into, cause to be brought into, or
allow to remain in these safety zones
any vehicle, vessel, or object unless authorized by the Captain of the Port,
Portland or his/her designated representative.
(c) Notice. In accordance with § 165.7
of this part, notification of the specific
period of enforcement for each of these
safety zones may be made by marine
broadcast, local notice to mariners,
local news media, distribution in leaflet form, on-scene oral notices, and/or
publication in the FEDERAL REGISTER.
[CGD01–03–008, 68 FR 32368, May 30, 2003, as
amended by CGD13–06–009, 71 FR 30805, May
31, 2006; USCG–2008–1096, 74 FR 68161, Dec. 23,
2009]

§ 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

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33 CFR Ch. I (7–1–10 Edition)

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]

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§ 165.1317 Security and Safety Zone;
Large Passenger Vessel Protection,
Puget Sound and adjacent waters,
Washington.
(a) Notice of enforcement or suspension
of enforcement. The large passenger vessel security and safety zone established
by this section will be enforced only
upon notice by the Captain of the Port
Puget Sound. Captain of the Port
Puget Sound will cause notice of the
enforcement of the large passenger vessel security and safety zone to be made
by all appropriate means to effect the
widest publicity among the affected
segments of the public including publication in the FEDERAL REGISTER as
practicable, in accordance with 33 CFR
165.7(a). Such means of notification
may also include but are not limited
to, Broadcast Notice to Mariners or
Local Notice to Mariners. The Captain
of the Port Puget Sound will issue a
Broadcast Notice to Mariners and
Local Notice to Mariners notifying the
public when enforcement of the large
passenger vessel security and safety
zone is suspended.
(b) Definitions. The following definitions apply to this section:
Federal Law Enforcement Officer
means any employee or agent of the
United States government who has the
authority to carry firearms and make
warrantless arrests and whose duties

involve the enforcement of criminal
laws of the United States.
Large Passenger Vessel means any
cruise ship over 100 feet in length carrying passengers for hire, and any auto
ferries and passenger ferries over 100
feet in length carrying passengers for
hire such as the Washington State Ferries, M/V COHO and Alaskan Marine
Highway Ferries. Large Passenger Vessel does not include vessels inspected
and certificated under 46 CFR, Chapter
I, Subchapter T such as excursion vessels, sight seeing vessels, dinner cruise
vessels, and whale watching vessels.
Large Passenger Vessel Security and
Safety Zone is a regulated area of water
established by this section, surrounding large passenger vessels for a
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

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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
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 an-

chored 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

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§ 165.1318

33 CFR Ch. I (7–1–10 Edition)

upon notice by the Captain of the Port
Portland. Captain of the Port Portland
will cause notice of the enforcement of
the large passenger vessel security and
safety zone to be made by all appropriate means to effect the widest publicity among the affected segments of
the public including publication in the
FEDERAL REGISTER as practicable, in
accordance with 33 CFR 165.7(a). Such
means of notification may also include
but are not limited to, Broadcast Notice to Mariners or Local Notice to
Mariners. The Captain of the Port
Portland will issue a Broadcast Notice
to Mariners and Local Notice to Mariners notifying the public when enforcement of the large passenger vessel security and safety zone is suspended.
(b) Definitions. As used in this section—
Federal Law Enforcement Officer
means any employee or agent of the
United States government who has the
authority to carry firearms and make
warrantless arrests and whose duties
involve the enforcement of criminal
laws of the United States.
Large passenger vessel means any vessel over 100 feet in length (33 meters)
carrying passengers for hire including,
but not limited to, cruise ships, auto
ferries, passenger ferries, and excursion
vessels.
Large passenger vessel security and
safety zone is a regulated area of water,
established by this section, surrounding large passenger vessels for a
500 yard radius that is necessary to
provide for the security and safety of
these vessels.
Navigable waters of the United States
means those waters defined as such in
33 CFR part 2.
Navigation Rules means the Navigation Rules, International-Inland.
Official Patrol means those persons
designated by the Captain of the Port
to monitor a large passenger vessel security and safety zone, permit entry
into the zone, give legally enforceable
orders to persons or vessels with in the
zone and take other actions authorized
by the Captain of the Port. Persons authorized as Federal Law Enforcement
Officers to enforce this section are designated as the Official Patrol.
Oregon
Law
Enforcement
Officer
means any Oregon Peace Officer as de-

fined 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.

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(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.
(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 pursu-

ant to 33 CFR 6.04–11. In addition, the
Captain of the Port may be assisted by
other federal, state or local agencies in
enforcing this section.
(l) Waiver. The Captain of the Port
Portland may waive any of the requirements of this section for any vessel or
class of vessels upon finding that a vessel or class of vessels, operational conditions or other circumstances are such
that application of this section is unnecessary or impractical for the purpose of port security, safety or environmental safety.
[CGD13–03–022, 68 FR 53679, Sept. 12, 2003]

§ 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

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§ 165.1321

33 CFR Ch. I (7–1–10 Edition)

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]

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§ 165.1321 Security Zone; Protection of
Military Cargo, Captain of the Port
Zone Puget Sound, WA.
(a) Notice of enforcement or suspension
of enforcement. The Captain of the Port
Puget Sound will enforce the security
zones established by this section only
upon notice. Captain of the Port Puget
Sound will cause notice of the enforcement of these security zone to be made
by all appropriate means to effect the
widest publicity among the affected
segments of the public including publication in the FEDERAL REGISTER as
practicable, in accordance with 33 CFR
165.7(a). Such means of notification
may also include but are not limited
to, Broadcast Notice to Mariners or
Local Notice to Mariners. The Captain
of the Port Puget Sound will issue a
Broadcast Notice to Mariners and
Local Notice to Mariners notifying the
public when enforcement of these security zones is suspended.
(b) Definitions. The following definitions apply to this section:
Designated Representative means those
persons designated by the Captain of
the Port to monitor these security
zones, permit entry into these zones,
give legally enforceable orders to persons or vessels with in these zones and
take other actions authorized by the
Captain of the Port. Persons authorized in paragraph (g) to enforce this
section and Vessel Traffic Service
Puget Sound (VTS) are Designated
Representatives.
Federal Law Enforcement Officer
means any employee or agent of the
United States government who has the
authority to carry firearms and make
warrantless arrests and whose duties
involve the enforcement of criminal
laws of the United States.
Navigable waters of the United States
means those waters defined as such in
33 CFR Part 2.
Public vessel means vessels owned,
chartered, or operated by the United

States, or by a State or political subdivision thereof.
Washington Law Enforcement Officer
means any General Authority Washington Peace Officer, Limited Authority Washington Peace Officer, or Specially Commissioned Washington Peace
Officer as defined in Revised Code of
Washington section 10.93.020.
(c) Security zone. The following areas
are security zones:
(1) Blair Waterway Security Zone: The
Security Zone in the Blair Waterway,
Commencement Bay, WA, includes all
waters enclosed by a line connecting
the following points: 47°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

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§ 165.1322

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
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 Cap-

tain 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 purpose of port security, safety or environmental safety.
[CGD13–04–019, 69 FR 52603, Aug. 27, 2004, as
amended by CGD13–04–040, 69 FR 71711, Dec.
10, 2004; CGD13–04–46, 70 FR 2019, Jan. 12, 2005;
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

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§ 165.1323

33 CFR Ch. I (7–1–10 Edition)

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
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.

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[USCG–2008–0121, 74 FR 5991, Feb. 4, 2009]

§ 165.1324 Safety and Security Zone;
Cruise Ship Protection, Elliott Bay
and Pier-91, Seattle, Washington.
(a) Safety and security zones. (1) The
following area is a safety and security
zone: All waters within the following
points: a rectangle, starting at 47°37′53″

N/122°23′07″ W, thence south to position
47°37′06″ N/122°23′07″ W, thence east to
position 47°37′06″ N/122°22′43″ W, thence
north to position 47°37′58″ N/122°22′43″
W. This zone will be enforced only during the arrival or departure of Large
Passenger Cruise Vessels at Pier 91, Seattle, Washington.
(2) The following area is a safety and
security zone: All waters within 100
yards of Pier 91, Seattle, Washington,
at approximate position 47°37′35″ N/
122°23′00″ W. This zone will be enforced
only when a Large Passenger Cruise
Vessel is moored at Pier 91.
(b) Regulations. In accordance with
the general regulations in 33 CFR Part
165, Subpart D, no person or vessel may
enter or remain in either Safety and
Security Zone except for vessels authorized by the Captain of the Port or
Designated Representatives.
(c) Definitions. The following definitions apply to this section:
Facility Security Officer means the
person designated as responsible for
the development, implementation, revision and maintenance of the facility
security plan and for liaison with the
COTP and Company and Vessel Security Officers.
Large Passenger Cruise Vessel means
any cruise ship over 100 feet in length
carrying passengers for hire. Large
Passenger Cruise 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.
Official Patrol means those persons
designated by the Captain of the Port
to monitor a Large Passenger Cruise
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 (e) to
enforce this section are designated as
the Official Patrol.
(d) Authorization. To request authorization to operate within 100 yards of a
Large Passenger Cruise Vessel that is
moored at Pier 91, contact the on-scene
Official Patrol on VHF–FM channel 16
or 13 or the Facility Security Officer at
(206) 728–3688.

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Coast Guard, DHS

§ 165.1325

(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 in the vicinity of a
Large Passenger Cruise Vessel, any
Federal 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.
(f) 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.

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[USCG–2009–0331, 74 FR 42028, Aug. 20, 2009]

§ 165.1325 Regulated Navigation Areas;
Bars Along the Coasts of Oregon
and Washington.
(a) Regulated navigation areas. Each of
the following areas is a regulated navigation area:
(1) Quillayute River Entrance, Wash.:
From the west end of James Island
47°54′23′ N., 124°39′05′ W. southward to
buoy No. 2 at 47°53′42′ N., 124°38′42′ W.
eastward to the shoreline at 47°53′42′ N.,
124°37′51′ W., thence northward along
the shoreline to 47°54′29′ N., 124°38′20′ W.
thence northward to 47°54′36′ N.,
124°38′22′ W. thence westward to the beginning.
(2) Grays Harbor Entrance, Wash.:
From a point on the shoreline at
46°59′00″ N., 124°10′10″ W. westward to
46°59′00″ N., 124°15′30″ W. thence southward to 46°51′00″ N., 124°15′30″ W. thence
eastward to a point on the shoreline at
46°51′00″ N., 124°06′40″ W. thence northward along the shoreline to a point at
the south jetty 46°54′20″ N., 124°08′07″ W.
thence
eastward
to
46°54′10″
N.,
124°05′00″ W. thence northward to
46°55′00″
N.,
124°03′30″
W.
thence
northwestward to Damon Point at

46°56′50″ N., 124°06′30″ W. thence westward along the north shoreline of the
harbor to the north jetty at 46°55′40″ N.,
124°10′27″ W. thence northward along
the shoreline to the beginning.
(3) Willapa Bay, Wash.: From a point
on the shoreline at 46°46′00″ N.,
124°05′40″ W. westward to 46°44′00″ N.,
124°10′45″ W. thence eastward to a point
on the shoreline at 46°35′00″ N.,
124°03′45″ W. thence northward along
the shoreline around the north end of
Leadbetter Point thence southward
along the east shoreline of Leadbetter
Point to 46°36′00″ N., 124°02′15″ W.
thence
eastward
to
46°36′00″
N.,
124°00′00″ W. thence northward to Toke
point at 46°42′15″ N., 123°58′00″ W. thence
westward along the north shoreline of
the harbor and northward along the
seaward shoreline to the beginning.
(4) Columbia River Bar, Wash.-Oreg.:
From a point on the shoreline at
46°18′00″ N., 124°04′39″ W. thence westward to 46°18′00″ N., 124°09′30″ W. thence
southward to 46°12′00″ N., 124°09′30″ W.
thence eastward to a point on the
shoreline at 46°12′00″ N., 123°59′33″ W.
thence eastward to Tansy Point Range
Front Light at 46°11′16″ N., 123°55′05″ W.;
thence northward to Chinook Point at
46°15′08″
N.,
123°55′25″
W.
thence
northwestward to the north end of
Sand Island at 46°17′29″ N., 124°01′25″ W.
thence southwestward to a point on the
north shoreline of the harbor at
46°16′25″
N.,
124°02′28″
W.
thence
northwestward
and
southwestward
along the north shoreline of the harbor
and northward along the seaward
shoreline to the beginning.
(5) Nehalem River Bar, Oreg.: From a
point on the shoreline 45°41′25″ N.,
123°56′16″ W. thence westward 45°41′25″
N., 123°59′00″ W. thence southward to
45°37′25″ N., 123°59′00″ W. thence eastward to a point on the shoreline at
45°37′25″ N., 123°56′38″ W. thence northward along the shoreline to the north
end of the south jetty at 45°39′40″ N.,
123°55′45″ W. thence westward to a point
on the shoreline at 45°39′45″ N.,
123°56′19″ W. thence northward along
the shoreline to the beginning.
(6) Tillamook Bay Bar, Oreg.: From a
point on the shoreline at 45°35′15″ N.,
123°57′05″ W. thence westward 45°35′15″
N., 124°00′00″ W. thence southward to

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33 CFR Ch. I (7–1–10 Edition)

45°30′00″ N., 124°00′00″ W. thence eastward to a point on the shoreline at
45°30′00″ N., 123°57′40″ W. thence northward along the shoreline to the north
end of Kincheloe Point at 45°33′30″ N.,
123°56′05″ W. thence northward to a
point on the north shoreline of the harbor at 45°33′40″ N., 123°55′59″ W. thence
westward along the north shoreline of
the harbor then northward along the
seaward shoreline to the beginning.
(7) Netarts Bay Bar, Oreg.: From a
point on the shoreline at 45°28′05″ N.
thence westward to 45°28′05″ N.,
124°00′00″ W. thence southward to
45°24′00″ N., 124°00′00″ W. thence eastward to a point on the shoreline at
45°24′00″ N., 123°57′45″ W. thence northward along the shoreline to 45°26′03″ N.,
123°57′15″ W. thence eastward to a point
on the north shoreline of the harbor at
45°26′00″ N., 123°56′57″ W. thence northward along the shoreline to the beginning.
(8) Siletz Bay Bar, Oreg.: From a
point on the shoreline at 44°56′32″ N.,
124°01′29″ W. thence westward to
44°56′32″ N., 124°03′00″ W. thence southward to 44°54′40″ N., 124°03′15″ W. thence
eastward to a point on the shoreline at
44°54′40″ N., 124°01′55″ W. thence northward along the shoreline to 44°55′35″ N.,
124°01′25″ W. thence northward to a
point on the north shoreline of the harbor at 44°55′45″ N., 124°01′20″ W. thence
westward and northward along the
shoreline to the beginning.
(9) Depoe Bay Bar, Oreg.: From a
point on the shoreline at 44°49′15″ N.,
124°04′00″ W. thence westward to
44°49′15″ N., 124°04′35″ W. thence southward to 44°47′55″ N., 124°04′55″ W. thence
eastward to a point on the shoreline at
44°47′53″ N., 124°04′25″ W. thence northward along the shoreline and eastward
along the south bank of the entrance
channel to the highway bridge thence
northward to the north bank at the
bridge thence westward along the
north bank of the entrance channel and
northward along the seaward shoreline
to the beginning.
(10) Yaquina Bay Bar, Oreg.: From a
point on the shoreline at 44°38′11″ N.,
124°03′47″ W. thence westward to
44°38′11″ N., 124°05′55″ W. thence southward to 44°35′15″ N., 124°06′05″ W. thence
eastward to a point on the shoreline at
44°35′15″ N., 124°04′02″ W. thence north-

ward along the shoreline and eastward
along the south bank of the entrance
channel to the highway bridge thence
northward to the north bank of the entrance channel at the bridge thence
westward along the north bank of the
entrance channel and northward along
the seaway shoreline to the beginning.
(11) Siuslaw River Bar, Oreg.: From a
point on the shoreline at 44°02′00″ N.,
124°08′00″ W. thence westward to
44°02′00″ N., 124°09′30″ W. thence southward to 44°00′00″ N., 124°09′30″ W. thence
eastward to a point on the shoreline at
44°00′00″ N., 124°08′12″ W. thence northward along the shoreline and southward along the west bank of the entrance channel to 44°00′35″ N., 124°07′48″
W. thence southeastward to a point on
the east bank of the entrance channel
at 44°00′20″ N., 124°07′31″ W. thence
northward along the east bank of the
entrance channel and northward along
the seaward shoreline to the beginning.
(12) Umpqua River Bar, Oreg.: From a
point on the shoreline at 43°41′20″ N.,
124°11′58″ W. thence westward to
43°41′20″ N., 124°13′32″ W. thence southward to 43°38′35″ N., 124°14′25″ W. thence
eastward to a point on the shoreline at
43°38′35″ N., 124°12′35″ W. thence northward along the shoreline to light ‘‘8″ at
43°40′57″ N., 124°11′13″ W. thence southwestward to a point on the west bank
of the entrance channel at 43°40′52″ N.,
124°11′34″ W. thence southwestward
along the west bank of the entrance
channel thence northward along the
seaward shoreline to the beginning.
(13) Coos Bay Bar, Oreg.: From a
point on the shoreline at 43°22′15′ N.,
124°19′34′ W. thence westward to 43°22′20′
N., 124°22′28′ W. thence southwestward
to 43°21′00′ N., 124°23′35′ W. thence
southeastward to a point on the shoreline at 43°20′25′ N., 124°22′28′ W. thence
northward along the shoreline and
eastward along the south shore of the
entrance channel to a point on the
shoreline at 43°20′52′ N., 124°19′12′ W.
thence eastward to a point on the east
shoreline of the harbor at 43°21′00′ N.,
124°18′50′ W. thence northward to a
point on the west shoreline of the harbor at 43°21′45′ N., 124°19′10′ W. thence
south and west along the west shoreline of the harbor thence northward
along the seaward shoreline to the beginning.

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Coast Guard, DHS

§ 165.1325

(14) Coquille River Bar, Oreg.: From a
point on the shoreline at 43°08′25′ N.,
124°25′04′ W. thence southwestward to
43°07′50′ N., 124°27′05′ W. thence southwestward to 43°07′03′ N., 124°28′25′ W.
thence eastward to a point on the
shoreline at 43°06′00′ N., 124°25′55′ W.
thence northward along the shoreline
and eastward along the south shoreline
of the channel entrance to 43°07′17′ N.,
124°25′00′ W. thence northward to the
east end of the north jetty at 43°07′24′
N., 124°24′59′ W. thence westward along
the north shoreline of the entrance
channel and northward along the seaward shoreline to the beginning.
(15) Rogue River Bar, Oreg.: From a
point on the shoreline at 42°26′25′ N.,
124°26′03′ W. thence westward to 42°26′10′
N., 124°27′05′ W. thence southward to
42°24′15′ N., 124°27′05′ W. thence eastward to a point on the shoreline at
42°24′15′ N., 124°25′30′ W. thence northward along the shoreline and eastward
along the south shoreline of the entrance channel to the highway bridge
thence northward across the inner harbor jetty to a point on the north shoreline of the entrance channel at the
highway bridge thence westward along
the north shoreline of the entrance
channel thence northward along the
seaward shoreline to the beginning.
(16) Chetco River Bar, Oreg.: From a
point on the shoreline at 42°02′35′ N.,
124°17′20′ W. thence southeastward to
42°01′45′
N.,
124°16′30′
W.
thence
northwestward to a point on the shoreline at 42°02′10′ N., 124°15′35′ W. thence
northwestward along the shoreline
thence northward along the east shoreline of the channel entrance to 42°02′47′
N., 124°16′03′ W. thence northward along
the west face of the inner jetty and
east shoreline of the channel entrance
to the highway bridge thence westward
to the west shoreline of the channel at
the highway bridge thence southward
along the west shoreline of the channel
thence westward along the seaward
shoreline to the beginning.
(b) Definitions. For the purposes of
this section:
(1) Bar closure means that the operation of any vessel within a regulated
navigation area established in paragraph (a) of this section has been prohibited by the Coast Guard.

(2) Bar crossing plan (also known as a
Go/No-Go plan) means a plan developed
by local industry professionals, in coordination with the Coast Guard, for a
bar within a regulated navigation area
established in paragraph (a) of this section and adopted by the master or operator of a small passenger vessel to
guide his vessel’s operations on and in
the vicinity of that bar.
(3) Bar restriction means that operation of a recreational or uninspected
passenger vessel within a regulated
navigation area established in paragraph (a) of this section has been prohibited by the Coast Guard.
(4) Commercial fishing industry vessel
means a fishing vessel, fish tender vessel, or a fish processing vessel.
(5) Designated representative means
any Coast Guard commissioned, warrant, or petty officer that has been authorized by the Captain of the Port to
act on his behalf.
(6) Fish processing vessel means a vessel that commercially prepares fish or
fish products other than by gutting, decapitating, gilling, skinning, shucking,
icing, freezing, or brine chilling.
(7) Fish tender vessel means a vessel
that commercially supplies, stores, refrigerates, or transports fish, fish products, or materials directly related to
fishing or the preparation of fish to or
from a fishing, fish processing, or fish
tender vessel or a fish processing facility.
(8) Fishing vessel means a vessel that
commercially engages in the catching,
taking, or harvesting of fish or an activity that can reasonably be expected
to result in the catching, taking, or
harvesting of fish.
(9) Readily accessible means equipment that is taken out of stowage and
is available within the same space as
any person for immediate use during
an emergency.
(10) Recreational vessel is any vessel
manufactured or used primarily for
non-commercial use or leased, rented,
or chartered to another for the latter’s
non-commercial use. It does not include a vessel engaged in carrying paying passengers.
(11) Small passenger vessel means a
vessel inspected under 46 CFR subchapter T or 46 CFR subchapter K.

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33 CFR Ch. I (7–1–10 Edition)

(12)
Uninspected
passenger
vessel
means an uninspected vessel—
(i) Of at least 100 gross tons;
(A) Carrying not more than 12 passengers, including at
least one passenger-for-hire; or
(B) That is chartered with the crew
provided or specified by the owner or
the owner’s representative and carrying not more than 12 passengers; or
(ii) Of less than 100 gross tons;
(A) Carrying not more than six passengers, including at least one passenger-for-hire; or
(B) That is chartered with the crew
provided or specified by the owner or
the owner’s representative and carrying not more than six passengers.
(13) Unsafe condition exists when the
wave height within a regulated navigation area identified in paragraph (a) of
this section is equal to or greater than
the maximum wave height determined
by the formula L/10 + F = W where:

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L = Overall length of a vessel measured in
feet in a straight horizontal line along
and parallel with the centerline between
the intersections of this line with the
vertical planes of the stem and stern profiles excluding deckhouses and equipment.
F = The minimum freeboard when measured
in feet from the lowest point along the
upper strake edge to the surface of the
water.
W = Maximum wave height in feet to the
nearest highest whole number.

(c) Regulations—(1)(i) Bar restriction.
Passage across the bars located in the
regulated navigation areas established
in paragraph (a) of this section will be
restricted
for
recreational
and
uninspected passenger vessels as determined by the Captain of the Port
(COTP) or his designated representative. In making this determination, the
COTP or his designated representative
will determine whether an unsafe condition exists for such vessels as defined
in paragraph (b) of this section. Additionally, the COTP or his designated
representative will use their professional maritime experience and knowledge of local environmental conditions
in making their determination. Factors that will be considered include,
but are not limited to: size and type of
vessel, sea state, winds, wave period,
and tidal currents. When a bar is restricted, the operation of recreational

and uninspected passenger vessels in
the regulated navigation area established in paragraph (a) of this section
in which the restricted bar is located is
prohibited unless specifically authorized by the COTP or his designated representative.
(ii) Bar closure. The bars located in
the regulated navigation areas established in paragraph (a) of this section
will be closed to all vessels whenever
environmental conditions exceed the
operational limitations of the relevant
Coast Guard search and rescue resources as determined by the COTP.
When a bar is closed, the operation of
any vessel in the regulated navigation
area established in paragraph (a) of
this section in which the closed bar is
located is prohibited unless specifically
authorized by the COTP or his designated representative. For bars having
deep draft vessel access, the COTP will
consult with the local pilots association, when practicable, prior to closing
the affected bar.
(iii) The Coast Guard will notify the
public of bar restrictions and bar closures via a Broadcast Notice to Mariners on VHF–FM Channel 16 and 22A.
Additionally, Coast Guard personnel
may be on-scene to advise the public of
any bar restrictions and/or closures.
(2) Safety requirements for recreational
vessels. The operator of any recreational vessel operating in a regulated navigation area established in
paragraph (a) of this section shall ensure that whenever their vessel is being
towed or escorted across a bar by the
Coast Guard all persons located in any
unenclosed areas of their vessel are
wearing lifejackets and that lifejackets
are readily accessible for/to all persons
located in any enclosed areas of their
vessel.
(3) Safety requirements for Uninspected
Passenger Vessels (UPV). (i) The master
or operator of any uninspected passenger vessel operating in a regulated
navigation area established in paragraph (a) of this section shall ensure
that all persons located in any
unenclosed areas of their vessel are
wearing lifejackets and that lifejackets
are readily accessible for/to all persons
located in any enclosed areas of their
vessel:

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Coast Guard, DHS

§ 165.1325

(A) When crossing the bar and a bar
restriction exists for recreational vessels of the same length or
(B) Whenever their vessel is being
towed or escorted across the bar by the
Coast Guard.
(ii) The master or operator of any
uninspected passenger vessel operating
in a regulated navigation area established in paragraph (a) of this section
during the conditions described in
paragraph (c)(3)(i)(A) of this section
shall contact the Coast Guard on VHF–
FM Channel 16 or 22A prior to crossing
the bar between sunset and sunrise.
The master or operator shall report the
following:
(A) Vessel name,
(B) Vessel location or position,
(C) Number of persons onboard the
vessel, and
(D) Vessel destination.
(4) Safety requirements for Small Passenger Vessels (SPV). (i) The master or
operator of any small passenger vessel
operating in a regulated navigation
area established in paragraph (a) of
this section shall ensure that all persons located in any unenclosed areas of
their vessel are wearing lifejackets and
that lifejackets are readily accessible
for/to all persons located in any enclosed areas of their vessel:
(A) When crossing the bar and a bar
restriction exists for recreational vessels or uninspected passenger vessels of
the same length or
(B) Whenever their vessel is being
towed or escorted across the bar by the
Coast Guard.
(ii) Small passenger vessels with bar
crossing plans that have been reviewed
by and accepted by the Officer in
Charge, Marine Inspection (OCMI) are
exempt from the safety requirements
provided in paragraph (c)(4)(i) of this
section during the conditions described
in paragraph (c)(4)(i)(A) of this section
so long as when crossing the bar the
master or operator ensures that all
persons on their vessel wear lifejackets
in accordance with their bar crossing
plan. If the vessel’s bar crossing plan
does not specify the conditions when
the persons on their vessel must wear
lifejackets, however, then the master
or operator must comply with the safety requirements provided in paragraph

(c)(4)(i) of this section in their entirety.
(iii) The master or operator of any
small passenger vessel operating in a
regulated navigation area established
in paragraph (a) of this section during
the conditions described in paragraph
(c)(4)(i)(A) of this section shall contact
the Coast Guard on VHF–FM Channel
16 or 22A prior to crossing the bar between sunset and sunrise. The master
or operator shall report the following:
(A) Vessel name,
(B) Vessel location or position,
(C) Number of persons onboard the
vessel, and
(D) Vessel destination.
(5) Safety requirements for Commercial
Fishing Vessels (CFV). (i) The master or
operator of any commercial fishing
vessel operating in a regulated navigation area established in paragraph (a)
of this section shall ensure that all persons located in any unenclosed areas of
their vessel are wearing lifejackets or
immersion suits and that lifejackets or
immersion suits are readily accessible
for/to all persons located in any enclosed spaces of their vessel:
(A) When crossing the bar and a bar
restriction exists for recreational vessels or uninspected passenger vessels of
the same length or
(B) Whenever their vessel is being
towed or escorted across the bar by the
Coast Guard.
(ii) The master or operator of any
commercial fishing vessel operating in
a regulated navigation area established
in paragraph (a) of this section during
the conditions described in paragraph
(c)(5)(i)(A) of this section shall contact
the Coast Guard on VHF–FM Channel
16 or 22A prior to crossing the bar between sunset and sunrise. The master
or operator shall report the following:
(A) Vessel name,
(B) Vessel location or position,
(C) Number of persons onboard the
vessel, and
(D) Vessel destination.
(6) All persons and vessels within the
regulated navigation areas established
in paragraph (a) of this section must
comply with the orders of Coast Guard
personnel. Coast Guard personnel include commissioned, warrant, and

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§ 165.1326

33 CFR Ch. I (7–1–10 Edition)

petty officers of the United States
Coast Guard.

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[USCG–2008–1017, 74 FR 59101, Nov. 17, 2009, as
amended by USCG–2008–1017, 75 FR 10688,
Mar. 9, 2010; 75 FR 18055, Apr. 9, 2010]

§ 165.1326 Regulated Navigation Areas;
Port of Portland Terminal 4, Willamette River, Portland, OR.
(a) Regulated navigation areas. Each of
the following areas is a regulated navigation area:
(1) All waters of the Willamette River
in the head of the Port of Portland’s
Terminal 4 Slip 3, encompassed by a
line commencing at 45° 36′ 01.861″ N/
122°46′ 20.995″ W thence to 45° 36′ 01.455
N/122° 46′ 20.887″ W thence to 45° 36′
00.993″ N/122° 46′ 20.714″ W thence to 45°
36′ 00.725″ N/122° 46′ 20.923″ W thence to
45° 36′ 00.731″ N/122° 46′ 21.262″ W thence
to 45° 36′ 00.712″ N/122° 46′ 21.823″ W
thence to 45° 36′ 01.230″ N/122° 46′ 22.048″
W thence to 45° 36′ 01.651″ N/122° 46′
22.168″ W thence to 45° 36′ 01.684″ N/122°
46′ 22.372″ W thence to 45° 36′ 01.873″ N/
122° 46′ 22.303″ W thence to 45° 36′ 02.065″
N/122° 46′ 21.799″ W thence to 45° 36′
01.989″ N/122° 46′ 21.574″ W thence to 45°
36′ 01.675″ N/122° 46′ 21.483″ W thence to
45° 36′ 01.795″ N/122° 46′ 21.442″ W thence
to 45° 36′ 01.861″ N 122° 46′ 20.995″ W.
(2) All waters of the Willamette River
in Wheeler Bay between Slip 1 and Slip
3 in the Port of Portland’s Terminal 4,
encompassed by a line commencing at
45° 36′ 10.634″ N/122° 46′ 39.056″ W thence
to 45° 36′ 10.269″ N/122° 46′ 37.140″ W
thence to 45° 36′ 10.027″ N/122° 46′ 36.050″
W thence to 45° 36′ 09.722″ N/122° 46′
34.181″ W thence to 45° 36′ 09.425″ N/122°
46′ 33.118″ W thence to 45° 36′ 08.960″ N/
122° 46′ 32.150″ W thence to 45° 36′ 08.653″
N/122° 46′ 31.681″ W thence to 45° 36′
08.191″ N/122° 46′ 31.341″ W thence to 45°
36′ 07.886″ N/122° 46′ 31.269″ W thence to
45° 36′ 07.517″ N/122° 46′ 31.038″ W thence
to 45° 36′ 07.235″ N/122° 46′ 31.066″ W
thence to 45° 36′ 07.040″ N/122° 46′ 30.941″
W thence to 45° 36′ 06.697″ N/122° 46′
30.987″ W thence to 45° 36′ 06.509″ N/122°
46′ 31.251″ W thence to 45° 36′ 06.201″ N/
122° 46′ 31.517″ W thence to 45° 36′ 06.081″
N/122° 46′ 1.812″ W thence to 45° 36′
06.550″ N/122° 46′ 32.124″ W thence to 45°
36′ 06.970″ N/122° 46′ 31.895″ W thence to
45° 36′ 07.172″ N/122° 46′ 31.868″ W thence
to 45° 36′ 07.883″ N/122° 46′ 32.316″ W
thence to 45° 36′ 08.370″ N/122° 46′ 32.927″

W thence to 45° 36′ 08.775″ N/122° 46′
33.888″ W thence to 45° 36′ 09.121″ N/122°
46′ 35.337″ W thence to 45° 36′ 09.230″ N/
122° 46′ 36.166″ W thence to 45° 36′ 09.442″
N/122° 46′ 37.759″ W thence to 45° 36′
09.865″ N/122° 46′ 39.511″ W thence to 45°
36′ 10.421″ N/122° 46′ 39.469″ W thence to
45° 36′ 10.634″ N/122° 46′ 39.056″ W.
(b) Regulations. All vessels are prohibited from anchoring, dragging, dredging, or trawling in the regulated navigation areas established in paragraph
(a) of this section.
[USCG–2009–0370, 75 FR 20525, Apr. 20, 2010]

§ 165.1327 Security Zone; escorted U.S.
Navy submarines in Sector Seattle
Captain of the Port Zone.
(a) Location. The following area is a
security zone: All waters within 1000
yards of any U.S. Navy submarine that
is operating in the Sector Seattle Captain of the Port Zone, as defined in 33
CFR Section 3.65–10, and is being escorted by the Coast Guard.
(b) Regulations. In accordance with
the general regulations in 33 CFR Section 165, Subpart D, no person or vessel
may enter or remain in the security
zone created by paragraph (a) of this
section unless authorized by the Coast
Guard patrol commander. The Coast
Guard patrol commander will coordinate with Vessel Traffic System users
on a case-by-case basis to make appropriate passing arrangements under the
circumstances. 33 CFR Section 165,
Subpart D, contains additional provisions applicable to the security zone
created in paragraph (a) of this section.
(c) Notification. The Coast Guard security escort will attempt, when necessary and practicable, to notify any
persons or vessels inside or in the vicinity of the security zone created in
paragraph (a) of this section of its existence via VHF Channel 16 and/or any
other means reasonably available.
[USCG–2009–1057, 75 FR 28204, May 20, 2010]

§ 165.1328 Regulated Navigation Area;
U.S. Navy submarines, Hood Canal,
WA.
(a) Location. The following area is a
regulated navigation area (RNA): All
waters of the Hood Canal in the State
of Washington whenever any U.S. Navy
submarine is operating in the Hood
Canal and is being escorted by the

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Coast Guard, DHS

§ 165.1332

Coast Guard. For purposes of this section, ‘‘Hood Canal’’ means all waters of
Hood Canal, including Dabob Bay, located between two lines with the first
line connecting positions 47°37.9′ N,
122°57.1′ W and 47°37.9′ N, 122°52.9′ W and
the second line connecting positions
48°00.7′ N, 122°41.0′ W and 47°56.4′ N,
122°36.9′ W
(b) Regulations. All persons and vessels located within the RNA created by
paragraph (a) of this section shall follow all lawful orders and/or directions
given to them by Coast Guard security
escort personnel. 33 CFR Section 165,
Subpart B, contains additional provisions applicable to the RNA created in
paragraph (a) of this section.

(c) Notification. The Coast Guard security escort will attempt, when necessary and practicable, to notify any
persons or vessels in the RNA created
in paragraph (a) of this section of its
existence via VHF Channel 16 and/or
any other means reasonably available.
[USCG–2009–1058, 75 FR 27640, May 18, 2010]

§ 165.1332 Safety Zones; annual firework displays within the Captain of
the Port, Puget Sound Area of Responsibility.
(a) Safety Zones. The following areas
are designated safety zones:
(1) All waters of Puget Sound, Washington, extending to a 450 yard radius
from the following launch sites:

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CAPTAIN OF THE PORT PUGET SOUND AOR ANNUAL FIREWORK DISPLAYS
Event name (typically)

Event location

Steilacoom Annual Fireworks ....................
Tacoma Freedom Fair ...............................
City of Anacortes Fireworks .......................
Alderbrook Resort & Spa Fireworks ..........
Fireworks Display .......................................
Des Moines Fireworks ...............................
Three Tree Point Community Fireworks ....
City of Renton Fireworks ...........................
Port Orchard Fireworks ..............................
Chimes and Lights .....................................
Seattle Seafair ............................................
Mercer Island Celebration ..........................
Medina Days ..............................................
Bainbridge Island Fireworks .......................
Whaling Days .............................................
Yarrow Point Community ...........................
City of Kenmore Fireworks ........................
Kirkland Concours D’Elegence ..................
Kirkland Fireworks ......................................
Liberty Bay Fireworks ................................
Sheridan Beach Community ......................
Langlie’s Old Fashioned Independence
Celebration.
Lake Forest Park Fireworks .......................
Vashon Island Fireworks ............................
Kingston Fireworks .....................................
Mukilteo Lighthouse Festival ......................
Brewster Fire Department Fireworks .........
Port Angeles ...............................................
Port Townsend Sunrise Rotary ..................
Friday Harbor Independence .....................
Roche Harbor Fireworks ............................
Deer Harbor Annual Fireworks Display .....
Orcas Island ...............................................
Blast Over Bellingham ...............................
True Colors Event ......................................
John Eddy Wedding ...................................
City of Mount Vernon Fireworks ................
Chase Family Fourth at Lake Union ..........

Steilacoom ................................................
Commencement Bay ................................
Fidalgo Bay ...............................................
Hood Canal ...............................................
Henderson Bay .........................................
Des Moines ...............................................
Three Tree Point ......................................
Renton, Lake Washington ........................
Port Orchard .............................................
Port Orchard .............................................
Lake Washington ......................................
Mercer Island ............................................
Medina Park .............................................
Eagle Harbor ............................................
Dyes Inlet ..................................................
Yarrow Point .............................................
Lake Forest Park ......................................
Kirkland .....................................................
Kirkland .....................................................
Liberty Bay ................................................
Lake Forest Park ......................................
Indianola ...................................................

47° 10.4′
47° 16.817′
47° 17.1′
47° 21.033′
47° 21.8′
47° 24.117′
47° 27.033′
47° 29.986′
47° 32.883′
47° 32.75′
47° 34.333′
47° 35.517′
47° 36.867′
47° 37.267′
47° 38.65′
47° 38.727′
47° 39.0′
47° 39.521′
47° 40.583′
47° 43.917′
47° 44.783′
47° 44.817′

N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N

122° 36.2′
122° 27.933′
122° 28.4′
123° 04.1′
122° 38.367′
122° 20.033′
122° 23.15′
122° 11.85′
122° 37.917′
122° 38.033′
122° 16.017′
122° 13.233′
122° 14.5′
122° 31.583′
122° 41.35′
122° 13.466′
122° 13.55′
122° 12.439′
122° 12.84′
122° 39.133′
122° 16.917′
122° 31.533′

Lake Forest Park ......................................
Quartermaster Harbor ..............................
Appletree Cove .........................................
Possession Sound ....................................
Brewster ....................................................
Port Angeles Harbor .................................
Port Townsend .........................................
Friday Harbor ............................................
Roche Harbor ...........................................
Deer Harbor ..............................................
Orcas Island .............................................
Bellingham Bay .........................................
Blaine ........................................................
Magnolia Bluff ...........................................
Edgewater Park ........................................
Lake Union ...............................................

47° 45.117′
47° 45.25′
47° 47.65′
47° 56.9′
48° 06.367′
48° 07.033′
48° 08.067′
48° 32.6′
48° 36.7′
48° 37.0′
48° 41.317′
48° 44.933′
48° 59.488′
49° 38.988′
48° 25.178′
47° 38.418′

N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N

122° 16.367′ W
122° 15.75′ W
122° 29.917′ W
122° 18.6′ W
119° 47.15′ W
123° 24.967′ W
122° 46.467′ W
122° 00.467′ W
123° 09.5′ W
123° 00.25′ W.
122° 54.467′ W
122° 29.667′ W
122° 46.339′ W
122° 25.356′ W
122° 20.424′ W
122° 20.111′ W

(2) [Reserved]
(b) Special requirements. Firework
barges or launch sites on land used in
locations stated in this rule shall dis-

Latitude

Longitude

play a sign. The sign will be affixed to
the port and starboard side of the barge
or mounted on a post 3 feet above
ground level when on land and in close

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

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erowe on DSK5CLS3C1PROD with CFR

§ 165.T14–204

33 CFR Ch. I (7–1–10 Edition)

proximity to the shoreline facing the
water
labeled
‘‘FIREWORKS–DANGER–STAY AWAY.’’ This will provide
on-scene notice that the safety zone is,
or will, be enforced on that day. This
notice will consist of a diamond shaped
sign, 4 foot by 4 foot, with a 3 inch orange retro-reflective border. The word
‘‘DANGER’ shall be 10 inch black block
letters centered on the sign with the
words ‘‘FIREWORKS’’ and ‘‘STAY
AWAY’’ in 6 inch black block letters
placed above and below the word
‘‘DANGER’’ respectively on a white
background. An on-scene patrol vessel
will enforce these safety zones 30 minutes prior to the start and 30 minutes
after the conclusion of the fireworks
display.
(c) Notice of enforcement. These safety
zones will be activated and thus subject to enforcement, under the following conditions: the Coast Guard
must receive and approve a marine
event permit for each firework display
and then the Captain of the Port will
cause notice of the enforcement of
these safety zones to be made by all appropriate means to provide notice to
the affected segments of the public as
practicable, in accordance with 33 CFR
165.7(a). The Captain of the Port will
issue a Broadcast Notice to Mariners
and Local Notice to Mariners notifying
the public of activation and suspension
of enforcement of these safety zones.
Additionally, an on-scene Patrol Commander will ensure enforcement of this
safety zone by limiting the transit of
non-participating vessels in the designated areas described above.
(d) Regulations. In accordance with
the general regulations in 33 CFR part
165, subpart C, no vessel operator may
enter, transit, moor, or anchor within
this safety zone, except for vessels authorized by the Captain of the Port or
Designated Representative.
(e) Authorization. All vessel operators
who desire to enter the safety zone
must obtain permission from the Captain of the Port or Designated Representative by contacting either the
on-scene patrol craft on VHF Ch 13 or
Ch 16 or the Coast Guard Sector Seattle Joint Harbor Operations Center
(JHOC) via telephone at (206) 217–6002.
(f) Enforcement period. This rule will
be enforced from 5 p.m. until 1 a.m.

each day a barge with a ‘‘FIREWORKS–DANGER–STAY AWAY’’ sign
is located within any of the above designated safety zone locations and
meets the criteria established in section (b), within the following timeframes:
(1) The last two weeks of December
until the conclusion of the first weekend of January.
(2) The last weekend of June until
the conclusion of the third week of
July.
(3) The second weekend of August
until the conclusion of the fourth week
of August.
(4) The first weekend of September
until the conclusion of the third week
of September.
(5) The first weekend of December.
(g) Contact information. Questions
about safety zones and related events
should be addressed to COMMANDER
(spw), U.S. COAST GUARD SECTOR,
Attention: Waterways Management Division, 1519 Alaskan Way South, Seattle, WA 98134–1192.
[USCG–2010–0063, 75 FR 33700, June 15, 2010]

FOURTEENTH COAST GUARD DISTRICT
§ 165.T14–204 Safety Zone; fixed mooring balls, south of Barbers Pt Harbor Channel, Oahu, Hawaii.
(a) Location. The following area is a
safety zone: All waters contained within a 400-yard radius (366-meter) radius
around
position
21°18′35.00″
N.,
158°07′33.00″ W. This position is approximately 2,500 yards south of Barbers
Point Harbor channel buoy #2, Oahu,
Hawaii. This Safety Zone will have six
(6), 24-inch white mooring balls with a
single blue reflective stripe. The mooring balls will be placed 133 yards (121
meters) in a circular design for
preapproved vessel mooring purposes.
This safety zone extends from the surface of the water to the ocean floor.
These coordinates are based upon the
National Oceanic and Atmospheric Administration Coast Survey, Pacific
Ocean, Oahu, Hawaii, chart 19357.
(b) Regulations. (1) Entry into or remaining in the safety zone described in
paragraph (a) of this section is prohibited unless authorized by the Coast
Guard Captain of the Port Honolulu
zone.

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Coast Guard, DHS

§ 165.1402

(2) Persons desiring to transit the
safety zone may contact the Honolulu
Captain of the Port on VHF channel
81A (157.075 MHz), VHF channel 16
(156.800 MHz), or at telephone numbers
1–808–563–9906 or 808–842–2600 to seek
permission to transit the area with a
designated escort vessel. 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. All other vessels are requested to pass to the west,
or makai side, of the Safety Zone to
avoid grounding on the shallow and
live coral reef area located between the
safety zone and the shoreline.
(c) Enforcement period. This rule will
be enforced from 6 a.m. on July 1, 2010
until 6 p.m. on July 21, 2010 or unless
canceled earlier by the Captain of the
Port.
(d) 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/aircraft and support
personnel, or other vessels authorized
by the Captain of the Port or his designated representatives.
(e) 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.

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EFFECTIVE DATE NOTE: By USCG–2010–0457,
75 FR 38021, July 1, 2010, temporary § 165.T14–
204 was added, effective from 6 a.m. on July
1, 2010 through 6 p.m. on July 21, 2010.

§ 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.
[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;

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§ 165.1403

33 CFR Ch. I (7–1–10 Edition)

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:
(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.

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[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.
(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.

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§ 165.1406

(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
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

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§ 165.1407

33 CFR Ch. I (7–1–10 Edition)

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.

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[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
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

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§ 165.1408

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
(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

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§ 165.1409

33 CFR Ch. I (7–1–10 Edition)

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
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 re-

quirements 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

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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
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 re-

quirements 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

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33 CFR Ch. I (7–1–10 Edition)

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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
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]

§ 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 becomes 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]

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Coast Guard, DHS

§ 165.1703

§ 165.1412 Security Zone; escorted U.S.
Navy submarines in Sector Honolulu Captain of the Port Zone.
(a) Location. The following area is a
security zone: all waters, from the surface to the ocean floor, within 1,000
yards of any U.S. Navy submarine that
is
(1) Operating in the Sector Honolulu
Captain of the Port Zone, as defined in
33 CFR 3.70–10, and that
(2) Is being escorted by the U.S.
Coast Guard.
(b) Regulations. In accordance with
the general regulations in 33 CFR 165,
Subpart D, no person or vessel may
enter or remain in the security zone
created by paragraph (a) of this section
unless authorized by the Coast Guard
patrol commander. The Coast Guard
patrol commander may be contacted
via VHF Channel 16 or other means
reasonably available. 33 CFR part 165.30
and 165.33 contain additional provisions
applicable to the security zone created
in paragraph (a) of this section.
(c) Effective period. This rule is effective from 6:00 a.m. on June 12, 2010 Hawaiian Standard Time (HST).
(d) Notification. The Coast Guard security escort will attempt, when necessary and practicable, to notify any
persons or vessels inside or in the vicinity of the security one created in
paragraph (a) of this section of the
zone’s existence via VHF Channel 16 or
other means reasonably available.
(e) 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–2010–0409, 75 FR 33704, June 15, 2010]

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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
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]

§ 165.1703 Ammunition
Valdez, Alaska.

Island,

(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 Mariners 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]

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33 CFR Ch. I (7–1–10 Edition)

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§ 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.
(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; 68
FR 60570, Oct. 22, 2003]

§ 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

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Coast Guard, DHS

§ 165.1709

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.

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[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
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.

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§ 165.1710

33 CFR Ch. I (7–1–10 Edition)

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.

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[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
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 se-

curity 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.
[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.

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Coast Guard, DHS

§ 165.2015

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.
(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.

§ 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 surrounding large U.S. naval vessels that
is necessary to provide for the safety or
security of these U.S. naval vessels.
Navigable waters of the United States
means those waters defined as such in
33 CFR part 2.
Navigation rules means the Navigation Rules, International-Inland.

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33 CFR Ch. I (7–1–10 Edition)

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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
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.
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

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Coast Guard, DHS

Pt. 166

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.

erowe on DSK5CLS3C1PROD with CFR

NOTE TO PARAGRAPH (a): The boundaries of
the U.S. Coast Guard Pacific Area and the
Eleventh, Thirteenth, Fourteenth, and Seventeenth U.S. Coast Guard Districts are set
out in 33 CFR part 3.

(b) A naval vessel protection zone exists around U.S. naval vessels greater
than 100 feet in length overall at all
times in the navigable waters of the
United States, whether the large U.S.
naval vessel is underway, anchored,
moored, or within a floating dry dock,
except when the large naval vessel is
moored or anchored within a restricted
area or within a naval defensive sea
area.
(c) The Navigation Rules shall apply
at all times within a naval vessel protection zone.
(d) When within a naval vessel protection zone, all vessels shall operate
at the minimum speed necessary to
maintain a safe course, unless required
to maintain speed by the Navigation
Rules, and shall proceed as directed by
the Coast Guard, the senior naval officer present in command, or the official
patrol. When within a naval vessel protection zone, no vessel or person is allowed within 100 yards of a large U.S.

naval vessel unless authorized by the
Coast Guard, the senior naval officer
present in command, or official patrol.
(e) To request authorization to operate within 100 yards of a large U.S.
naval vessel, contact the Coast Guard,
the senior naval officer present in command, or the official patrol on VHF-FM
channel 16.
(f) When conditions permit, the Coast
Guard, senior naval officer present in
command, or the official patrol should:
(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
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.

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