[Title 33 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 1997 Edition]
[From the U.S. Government Publishing Office]


[[Page i]]

          33



          Navigation and Navigable Waters




          PARTS 1 TO 124

          Revised as of July 1, 1997
          CONTAINING
          A CODIFICATION OF DOCUMENTS
          OF GENERAL APPLICABILITY
          AND FUTURE EFFECT
          AS OF JULY 1, 1997

          With Ancillaries
          Published by
          the Office of the Federal Register
          National Archives and Records
          Administration
          as a Special Edition of
          the Federal Register



[[Page ii]]

                                      




                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 1997



               For sale by U.S. Government Printing Office
 Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328



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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 33:
    Chapter I--Coast Guard, Department of Transportation......       3
  Finding Aids:
    Material Approved for Incorporation by Reference..........     513
    Table of CFR Titles and Chapters..........................     515
    Alphabetical List of Agencies Appearing in the CFR........     531
    Redesignation Table.......................................     541
    List of CFR Sections Affected.............................     543

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                                  ----------------------------------------------------------                    

   Cite this Code:  CFR                                                         
                                                                                                                
   To cite the regulations in this volume use title, part                       
   and section number. Thus, 33 CFR 1.01-1 refers to title                     
   33, part 1, section 01-1.                                                   
                                  ----------------------------------------------------------                    
                                                                                                                


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                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 1997), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For 
the period beginning January 1, 1986, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call (202) 523-4534.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I), and Acts Requiring Publication 
in the Federal Register (Table II). A list of CFR titles, chapters, and 
parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.

[[Page vii]]

    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408.
SALES

    The Government Printing Office (GPO) processes all sales and 
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Customer Service call 202-512-1803.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

July 1, 1997.



[[Page ix]]



                               THIS TITLE

    Title 33--Navigation and Navigable Waters is composed of three 
volumes. The contents of these volumes represent all current regulations 
codified under this title of the CFR as of July 1, 1997. The first and 
second volumes, parts 1-124 and 125-199, contain current regulations of 
the Coast Guard, Department of Transportation. The third volume, part 
200 to End, contains current regulations of the Corps of Engineers, 
Department of the Army, and the Saint Lawrence Seaway Development 
Corporation, Department of Transportation.

    In the second volume a subject index for Subchapter N--Outer 
Continental Shelf Activities follows the subchapter in parts 140-147. A 
redesignation table also appears in the Finding Aids section of the 
first volume.

    For this volume, Gwendolyn J. Henderson was Chief Editor. The Code 
of Federal Regulations publication program is under the direction of 
Frances D. McDonald, assisted by Alomha S. Morris.

[[Page x]]



 
[[Page 1]]



                        TITLE 33--NAVIGATION AND





                            NAVIGABLE WATERS




                   (This book contains parts 1 to 124)

  --------------------------------------------------------------------
                                                                    Part
Chapter i--Coast Guard, Department of Transportation........           1

[[Page 2]]



[[Page 3]]





          CHAPTER I--COAST GUARD, DEPARTMENT OF TRANSPORTATION




  --------------------------------------------------------------------

                          SUBCHAPTER A--GENERAL
Part                                                                Page
1               General provisions..........................           7
2               Jurisdiction................................          27
3               Coast Guard areas, districts, marine 
                    inspection zones, and captain of the 
                    port zones..............................          30
4               OMB control numbers assigned pursuant to the 
                    Paperwork Reduction Act.................          49
5               Coast Guard Auxiliary.......................          50
6               Protection and security of vessels, harbors, 
                    and waterfront facilities...............          55
8               United States Coast Guard Reserve...........          59
13              Decorations, medals, ribbons and similar 
                    devices.................................          60
17              United States Coast Guard general gift fund.          64
19              Waivers of navigation and vessel inspection 
                    laws and regulations....................          65
20              Class II Civil Penalties....................          68
23              Distinctive markings for Coast Guard vessels 
                    and aircraft............................          86
25              Claims......................................          88
26              Vessel bridge-to-bridge radiotelephone 
                    regulations.............................          99
27              Adjustment of civil monetary penalties for 
                    inflation...............................         105
                    SUBCHAPTER B--MILITARY PERSONNEL

40              Cadets of the Coast Guard...................         108
45              Enlistment of personnel.....................         108
49              Payment of amounts due mentally incompetent 
                    Coast Guard personnel...................         108
50              Coast Guard Retiring Review Board...........         111
51              Coast Guard Discharge Review Board..........         113
52              Board for Correction of Military Records of 
                    the Coast Guard.........................         117
53              Coast Guard whistleblower protection........         123

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54              Allotments from active duty pay for certain 
                    support obligations.....................         126
                    SUBCHAPTER C--AIDS TO NAVIGATION
60        [Reserved]
62              United States aids to navigation system.....         128
64              Marking of structures, sunken vessels and 
                    other obstructions......................         137
66              Private aids to navigation..................         139
67              Aids to navigation on artificial islands and 
                    fixed structures........................         148
70              Interference with or damage to aids to 
                    navigation..............................         162
72              Marine information..........................         163
74              Charges for Coast Guard aids to navigation 
                    work....................................         165
76              Sale and transfer of aids to navigation 
                    equipment...............................         166
              SUBCHAPTER D--INTERNATIONAL NAVIGATION RULES

                Note: Application of the 72 COLREGS to 
                    territories and possessions.............         168
80              COLREGS demarcation lines...................         169
81              72 COLREGS: Implementing Rules..............         186
82              72 COLREGS: Interpretative Rules............         188
                  SUBCHAPTER E--INLAND NAVIGATION RULES

84              Annex I: Positioning and technical details 
                    of lights and shapes....................         189
85              Annex II: Additional signals for fishing 
                    vessels fishing in close proximity......         192
86              Annex III: Technical details of sound signal 
                    appliances..............................         193
87              Annex IV: Distress signals..................         195
88              Annex V: Pilot rules........................         195
89              Inland navigation rules: implementing rules.         197

[[Page 5]]

90              Inland rules: Interpretative rules..........         200
               SUBCHAPTER F--VESSEL OPERATING REGULATIONS

95              Operating a vessel while intoxicated........         201
                SUBCHAPTER G--REGATTAS AND MARINE PARADES

100             Marine Events...............................         204
                        SUBCHAPTER H--[RESERVED]
                        SUBCHAPTER I--ANCHORAGES

109             General.....................................         261
110             Anchorage regulations.......................         263
                          SUBCHAPTER J--BRIDGES

114             General.....................................         370
115             Bridge locations and clearances; 
                    administrative procedures...............         372
116             Alteration of unreasonably obstructive 
                    bridges.................................         376
117             Drawbridge operation regulations............         381
118             Bridge lighting and other signals...........         498
                    SUBCHAPTER K--SECURITY OF VESSELS

120             Security of passenger vessels...............         506

Cross References: United States Customs Service, Department of the 
  Treasury: 19 CFR Chapter I.
Coast Guard regulations relating to shipping: 46 CFR Chapter I.
Federal Communications Commission: Stations on shipboard in the maritime 
  services: 47 CFR, part 80.
Maritime Administration, Department of Transportation: 46 CFR Chapter 
  II.
Federal Maritime Commission: 46 CFR Chapter IV.

  Note: Other regulations issued by the Department of Transportation 
appear in Titles 14, I, II, III; 23, I, II, III; 33, I, IV; 44, IV; 46, 
I, II, III; 48, Chapters 12 and 63, and 49 Subtitle A, I, II, III, IV, 
V, and VI.

Abbreviations: The following abbreviations are used in this chapter:
    BMC=Chief Boatswains Mate. CGFR=Coast Guard Federal Register 
    document number. CG=Coast Guard. EM=Electrician's Mate. 
    LS=Lightship. NC=Flag hoist meaning, ``I am in distress and require 
    immediate assistance.'' NCG=Call letters for any Coast Guard Shore 
    Radio Station. OAN=Aids to Navigation Division. PTP=Training and 
    Procurement. U.S.C.G.=United States Coast Guard.

[[Page 6]]


[[Page 7]]



                          SUBCHAPTER A--GENERAL





PART 1--GENERAL PROVISIONS--Table of Contents




                  Subpart 1.01--Delegation of Authority

Sec.
1.01-1  District Commander.
1.01-20  Officer in Charge, Marine Inspection.
1.01-30  Captains of the Port.
1.01-40  Delegation to the Vice Commandant.
1.01-50  Delegation to District Commander, Seventeenth Coast Guard 
          District.
1.01-60  Delegations for issuance of bridge permits.
1.01-70  CERCLA delegations.
1.01-80  FWPCA and OPA 90 delegations.
1.01-85  Redelegation.
1.01-90  Commissioned, warrant, and petty officers.

                        Subpart 1.05--Rulemaking

1.05-1  Delegation of rulemaking authority.
1.05-5  Marine Safety Council.
1.05-10  Regulatory process overview.
1.05-15  Public participation.
1.05-20  Petitions for rulemaking.
1.05-25  Public docket.
1.05-30  Advance notice of proposed rulemaking (ANPRM).
1.05-35  Notice of proposed rulemaking (NPRM).
1.05-40  Supplemental notice of proposed rulemaking (SNPRM).
1.05-45  Interim rule.
1.05-50  Final rule.
1.05-55  Direct final rule.
1.05-60  Negotiated rulemaking.

    Subpart 1.07--Enforcement; Civil and Criminal Penalty Proceedings

1.07-1  Purpose.
1.07-5  Definitions.
1.07-10  Reporting and investigation.
1.07-11  Notice of violation.
1.07-15  Hearing Officer.
1.07-20  Initiation of action.
1.07-25  Preliminary matters.
1.07-30  Disclosure of evidence.
1.07-35  Request for confidential treatment.
1.07-40  Counsel.
1.07-45  Location of hearings and change of venue.
1.07-50  Witnesses.
1.07-55  Hearing procedures.
1.07-60  Records.
1.07-65  Hearing Officer's decisions.
1.07-70  Right to appeal.
1.07-75  Action on appeals.
1.07-80  Reopening of hearings.
1.07-85  Collection of civil penalties.
1.07-90  Criminal penalties.
1.07-95  Civil and criminal penalties.
1.07-100  Summons in lieu of seizure of commercial fishing industry 
          vessels.

     Subpart 1.08--Written Warnings by Coast Guard Boarding Officers

1.08-1  Applicability.
1.08-5  Procedures.

            Subpart 1.10--Public Availability of Information

1.10-1  Official records and documents.
1.10-5  Public availability of records and documents.

   Subpart 1.20--Testimony by Coast Guard Personnel and Production of 
                      Records in Legal Proceedings

1.20-1  Testimony by Coast Guard personnel and production of records.

     Subpart 1.25--Fees and Charges for Certain Records and Services

1.25-1  Purpose.
1.25-30  Exceptions.
1.25-40  Fees for services for the public.
1.25-45  Special admeasurement services.
1.25-48  Oceanographic research.
1.25-80  Payment of fees, charges or sales.

   Subpart 1.26--Charges for Duplicate Medals, and Sales of Personal 
               Property, Equipment or Services and Rentals

1.26-1  Purpose.
1.26-5  Replacement of medals.
1.26-10  Sales to Coast Guard Auxiliary.
1.26-15  Sales of nonexcess personal property and services.
1.26-20  Sales to eligible foreign governments.
1.26-25  Payment of charges.



                  Subpart 1.01--Delegation of Authority

    Authority: 14 U.S.C. 633; 33 U.S.C. 401, 491, 525, 1321, 2716, and 
2716a; 46 U.S.C. 9615; 49 U.S.C. 322; 49 CFR 1.45(b), 1.46; section 
1.01-70 also issued under the authority of E.O. 12580, 3 CFR, 1987 
Comp., p. 193; and sections 1.01-80 and 1.01-85 also issued under the 
authority of E.O. 12777, 3 CFR, 1991 Comp., p. 351.



Sec. 1.01-1   District Commander.

    Final authority for the performance within the confines of his 
district of the functions of the Coast Guard, which in general terms are 
maritime

[[Page 8]]

law enforcement, saving and protecting life and property, safeguarding 
navigation on the high seas and navigable waters of the United States, 
and readiness for military operations, is delegated to the District 
Commander by the Commandant. In turn delegations of final authority run 
from the District Commander to commanding officers of units under the 
District Commander for the performance of the functions of law 
enforcement, patrol of marine regattas and parades, and the saving of 
life and property which come within the scope of their activities.

[CGFR 48-72, 13 FR 9330, Dec. 31, 1948]



Sec. 1.01-20   Officer in Charge, Marine Inspection.

    (a) Final authority is vested in the Officer in Charge, Marine 
Inspection, for the performance, within the area of his jurisdiction, of 
the following functions: Inspection of vessels in order to determine 
that they comply with the applicable laws, rules, and regulations 
relating to safe construction, equipment, manning, and operation and 
that they are in a seaworthy condition for the services in which they 
are operated; shipyard and factory inspections; the investigation of 
marine casualties and accidents; the licensing, certificating, shipment 
and discharge of seamen; the investigating and initiating of action in 
cases of misconduct, negligence, or incompetence of merchant marine 
officers or seamen; and the enforcement of vessel inspection, 
navigation, and seamen's laws in general. Specific procedures for 
appealing the decisions of the Officer in Charge, Marine Inspection, or 
of his subordinates are set forth in 46 CFR parts 1 to 4.
    (b) This officer is also delegated authority to prescribe 
distinctive lights for ferryboats operated by different companies as 
provided by Secs. 80.15, 90.18, and 95.27 of this chapter.

[CGFR 48-72, 13 FR 9330, Dec. 31, 1948]



Sec. 1.01-30  Captains of the Port.

    Captains of the Port and their representatives enforce within their 
respective areas port safety and security and marine environmental 
protection regulations, including, without limitation, regulations for 
the protection and security of vessels, harbors, and waterfront 
facilities; anchorages; security zones; safety zones; regulated 
navigation areas; deepwater ports; water pollution; and ports and 
waterways safety.

[CGD 91-225, 59 FR 66484, Dec. 27, 1994]



Sec. 1.01-40  Delegation to the Vice Commandant.

    The Commandant delegates to the Vice Commandant authority to take 
final agency action under 46 CFR part 5, Subparts I, J and K on each 
petition to reopen a hearing and on each appeal from a decision of an 
Administrative Law Judge, except on petition or appeal in a case in 
which an order of revocation has been issued. This delegation does not 
prevent the Vice Commandant from acting as Commandant, as prescribed in 
14 U.S.C. 47(a), for all purposes of 46 CFR part 5.

[CGD 85-071, 51 FR 22805, June 23, 1986, as amended by CGD 97-023, 62 FR 
33361, June 19, 1997]



Sec. 1.01-50  Delegation to District Commander, Seventeenth Coast Guard District.

    The Commandant redelegates to the District Commander, Seventeenth 
Coast Guard District, the authority under the Act of September 10, 1976 
(90 Stat. 1236, 46 U.S.C. 420) to issue permits exempting specific 
cargo-carrying vessels serving remote villages in the State of Alaska 
from all or part of the requirements of 46 U.S.C. 88, 391, 391a, and 404 
and the regulations issued thereunder.

[CGD 80-90, 46 FR 15685, Mar. 9, 1981]



Sec. 1.01-60  Delegations for issuance of bridge permits.

    (a) The Commandant delegates to the Assistant Commandant for 
Operations, the authority to issue the following permits for the 
construction, reconstruction, or alteration of bridges across navigable 
waters of the United States:
    (1) Those that require:
    (i) An environmental assessment or environmental impact statement 
under the National Environmental Policy Act of 1969, as amended, (42 
U.S.C. 4321 et

[[Page 9]]

seq.) and all implementing regulations, orders, and instructions.
    (ii) A determination under section 4(f) of the Department of 
Transportation Act of 1966 (49 U.S.C. 1653).
    (iii) Concurrence of the Department of Transportation under DOT 
Order 5610.1C (Procedures for Considering Environmental Impacts).
    (2) Those that require a Presidential permit and approval under the 
International Bridge Act of 1972 (33 U.S.C. 535).
    (3) Those that require the amendment of an existing permit issued by 
the U.S. Army Corps of Engineers.
    (4) Those that raise substantial unresolved controversy involving 
the public, or are objected to by Federal, State, or local government 
agencies.
    (5) Those authorized by the Commandant upon the appeal of a district 
commander's decision denying a permit.
    (b) The Commandant delegates to each Coast Guard District Commander, 
with the reservation that this authority shall not be further 
redelegated, the authority to issue all permits for the construction, 
reconstruction, or alteration of bridges across navigable waters of the 
United States other than those specified in paragraph (a) of this 
section.

[CGD 80-099, 46 FR 38353, July 27, 1981; 46 FR 42268, Aug. 20, 1981, as 
amended by CGD 88-052, 53 FR 25119, July 1, 1988; CGD 96-026, 61 FR 
33662, June 28, 1996; CGD 97-023, 62 FR 33361, June 19, 1997]



Sec. 1.01-70  CERCLA delegations.

    (a) For the purpose of this section, the definitions in section 101 
of the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (Pub. L. 96-510), as amended by the Superfund Amendments and 
Reauthorization Act of 1986 (Pub. L. 99-499), apply. The Act, as 
amended, is referred to in this section as CERCLA.
    (b) The Assistant Commandant for Marine Safety and Environmental 
Protection (G-M) is delegated authority to take remedial action 
involving vessels under section 104 of CERCLA.
    (c) Each Maintenance and Logistics Commander is delegated contract 
authority, consistent with each memorandum of understanding between the 
Coast Guard and the Environmental Protection Agency regarding CERCLA 
funding mechanisms, for the purpose of carrying out response actions 
pursuant to CERCLA sections 104(a), 104(b), 104(f), 104(g), 105(f), and 
122.
    (d) Each district commander is delegated authority as follows:
    (1) Authority, pursuant to CERCLA section 106(a), to determine an 
imminent and substantial endangerment to the public health or welfare or 
the environment because of an actual or threatened release of a 
hazardous substance from a facility, and to secure such relief as may be 
necessary to abate such danger or threat through the United States 
attorney of the district in which the threat occurs.
    (2) Authority, pursuant to section 109 of CERCLA, to assess 
penalties relating to violations of sections 103 (a) and (b) pertaining 
to notification requirements, section 108 pertaining to financial 
responsibility for release of hazardous substances from vessels, and 
section 122 pertaining to administrative orders and consent decrees.
    (3) Authority, pursuant to section 108 of CERCLA, to deny entry to 
any port or place in the United States or to the navigable waters of the 
United States and detain at any port or place in the United States any 
vessel subject to section 108(a) of CERCLA that, upon request, does not 
provide evidence of financial responsibility.
    (e) Subject to the provisions of Executive Order 12580, 49 CFR 1.46 
(ff) and (gg), and paragraph (g) of this section, each Coast Guard 
official, predesignated as an On-Scene Coordinator, is delegated 
authority as follows:
    (1) Authority, pursuant to CERCLA sections 104(a), 104(b), 104(c) 
and consistent with the National Contingency Plan, to remove or arrange 
for the removal of releases and threatened releases of hazardous 
substances, and of pollutants or contaminants which may present an 
imminent and substantial danger to the public health or welfare.
    (2) Authority, pursuant to CERCLA section 104(i)(11), to take such 
steps as may be necessary to reduce exposure that presents a significant 
risk to

[[Page 10]]

human health, and to eliminate or substantially mitigate that 
significant risk to human health.
    (3) Authority, pursuant to CERCLA section 106(a), to issue orders to 
protect the public health and welfare and the environment whenever that 
official determines that a release or threatened release of a hazardous 
substance from a facility may present an imminent and substantial 
endangerment to the public health or welfare or the environment.
    (4) Authority, pursuant to CERCLA section 104(e), except section 
104(e)(7)(C), to enter establishments or other places where hazardous 
substances are or have been generated, stored, treated, disposed of, or 
transported from to inspect and obtain records, reports, samples and 
information in support of the response functions delegated in paragraphs 
(d), (e)(1), (e)(2), and (e)(3) of this section.
    (5) Authority, pursuant to CERCLA section 122, to enter into an 
agreement with any person (including the owner or operator of the vessel 
or facility from which a release or substantial threat of release 
emanates, or any other potential responsible person), to perform any 
response action, provided that such action will be done properly by such 
person.
    (f) Except for the authority granted in paragraphs (d)(1) and (e)(1) 
of this section, each Coast Guard official to whom authority is granted 
in this section may redelegate and authorize successive redelegations of 
that authority. The authority granted in paragraph (e)(3) of this 
section may only be redelegated to commissioned officers.
    (g) The response authority described in paragraph (e)(1) of this 
section does not include authority to--
    (1) Summarily remove or destroy a vessel; or
    (2) Take any other action that constitutes intervention under 
CERCLA, the Intervention on the High Seas Act (33 U.S.C. 1471 et. seq.), 
or other applicable laws. ``Intervention'' means any detrimental action 
taken against the interest of a vessel or its cargo without the consent 
of the vessel's owner or operator.


[CGD 88-051, 53 FR 30259, Aug. 11, 1988, as amended by CGD 91-225, 59 FR 
66484, Dec. 27, 1994; CGD 96-026, 61 FR 33662, June 28, 1996; CGD 97-
023, 62 FR 33361, June 19, 1997]



Sec. 1.01-80  FWPCA and OPA 90 delegations.

    (a) This section delegates authority to implement provisions of 
section 311 of the Federal Water Pollution Control Act (FWPCA), as 
amended [33 U.S.C. 1321] and provisions of the Oil Pollution Act of 1990 
(OPA 90). The definitions in subsection (a) of section 311 of the FWPCA 
and section 1001 of OPA 90 [33 U.S.C. 2701] apply.
    (b) The Assistant Commandant for Marine Safety and Environmental 
Protection, is delegated authority to require the owner or operator of a 
facility to establish and maintain such records, make such reports, 
install, use, and maintain such monitoring equipment and methods, and 
provide such other information as may be required to carry out the 
objectives of section 311 of the FWPCA [33 U.S.C. 1321].
    (c) Each District and Area Commander is delegated authority within 
the Commander's assigned district or area to--
    (1) Deny entry to any place in the United States or to the navigable 
waters of the United States, and to detain at any place in the United 
States, any vessel subject to section 1016 of OPA 90 [33 U.S.C. 2716] 
that, upon request, does not provide evidence of financial 
responsibility;
    (2) Seize and, through the Chief Counsel, seek forfeiture to the 
United States of any vessel subject to the requirements of section 1016 
of OPA 90 [33 U.S.C. 2716] that is found in the navigable waters of the 
United States without the necessary evidence of financial 
responsibility;
    (3) Assess any class I civil penalty under subsection (b) of section 
311 of the FWPCA [33 U.S.C. 1321], in accordance with the procedures in 
subpart 1.07 of this chapter;

[[Page 11]]

    (4) Assess any civil penalty under section 4303 of OPA 90 [33 U.S.C. 
2716a] in accordance with the procedures in subpart 1.07 of this 
chapter;
    (5) Board and inspect any vessel upon the navigable waters of the 
United States or the waters of the contiguous zone, except for public 
vessels; with or without warrant, arrest any person who, in the 
Commander's presence or view, violates a provision of section 311 of the 
FWPCA [33 U.S.C. 1321] or any regulation issued thereunder; and execute 
any warrant or other process issued by an officer or court of competent 
jurisdiction, as prescribed in section 311(m)(1) of the FWPCA [33 U.S.C. 
1321(m)(1)];
    (6) Enter and inspect any facility in the coastal zone at reasonable 
times; have access to and copy any records; take samples; inspect 
monitoring equipment required by section 311(m)(2)(A) of the FWPCA [33 
U.S.C. 1321(m)(2)(A)]; with or without warrant, arrest any person who, 
in the Commander's presence or view, violates a provision of section 311 
of the FWPCA [33 U.S.C. 1321] or any regulation issued thereunder; and 
execute any warrant or other process issued by an officer or court of 
competent jurisdiction, as prescribed in section 311(m)(2) of the FWPCA 
[33 U.S.C. 1321(m)(2)(A)]; and
    (7) Determine for purposes of section 311(b)(12) of the FWPCA [33 
U.S.C. 1321(b)(12)]--
    (i) Whether reasonable cause exists to believe that an owner, 
operator, or person in charge may be subject to a civil penalty under 
section 311(b) of the FWPCA [33 U.S.C. 1321(b)]; and
    (ii) Whether a filed bond or other surety is satisfactory.
    (d) Each Coast Guard official predesignated as the On-Scene 
Coordinator by the applicable Regional Contingency Plan is delegated 
authority pursuant to section 311(c) of the FWPCA [33 U.S.C. 1321(c)], 
subject to paragraph (e) of this section, in accordance with the 
National Contingency Plan and any appropriate Area Contingency Plan, to 
ensure the effective and immediate removal of a discharge and mitigation 
or prevention of a substantial threat of a discharge of oil or a 
hazardous substance by--
    (1) Removing or arranging for the removal of a discharge and 
mitigating or preventing an imminent and substantial threat of a 
discharge at any time;
    (2) Directing or monitoring all Federal, State, and private actions 
to remove a discharge, including issuance of orders;
    (3) Determining, pursuant to section 311(c) of the FWPCA [33 U.S.C. 
1321(c)], whether a discharge or a substantial threat of a discharge of 
oil or a hazardous substance from a vessel, offshore facility, or 
onshore facility is of such a size or character as to be a substantial 
threat to the public health or welfare of the United States (including, 
but not limited to fish, shellfish, wildlife, other natural resources, 
and the public and private beaches and shorelines of the United States); 
and, if it is, directing all Federal, State, and private actions to 
remove the discharge or to mitigate or prevent the threatened discharge;
    (4) Determining, pursuant to section 311(e) of the FWPCA [33 U.S.C. 
1321(e)], that there may be an imminent and substantial threat to the 
public health and welfare of the United States, and, if there is, may--
    (i) Determine an imminent and substantial threat as a basis for 
recommending referral for judicial relief; or
    (ii) Act pursuant to section 311(e)(1)(B) of the FWPCA [33 U.S.C. 
1321(e)(1)(B)], including the issuance of orders; and
    (5) Acting to mitigate the damage to the public health or welfare 
caused by a discharge of oil or a hazardous substance.
    (e) The authority described in paragraph (d) of this section does 
not include the authority to--
    (1) Remove or destroy a vessel; or
    (2) Take any other action that constitutes intervention under the 
Intervention on the High Seas Act [33 U.S.C. 1471, et seq.] or other 
applicable laws. For purposes of this section, ``intervention'' means 
any detrimental action taken against the interest of a vessel or its 
cargo without the consent of the vessel's owner or operator.

[CGD 91-225, 59 FR 66484, Dec. 27, 1994, as amended by CGD 96-026, 61 FR 
33662, June 28, 1996; CGD 97-023, 62 FR 33361, June 19, 1997]

[[Page 12]]



Sec. 1.01-85  Redelegation.

    Except as provided in Sec. 1.01-80(e)(1) and (2), each Coast Guard 
officer to whom authority is granted in Sec. 1.01-80 may redelegate and 
authorize successive redelegations of that authority within the command 
under the officer's jurisdiction, or to members of the officer's staff.

[CGD 91-225, 59 FR 66485, Dec. 27, 1994]



Sec. 1.01-90  Commissioned, warrant, and petty officers.

    Any commissioned, warrant, or petty officer of the United States 
Coast Guard may be authorized to carry out the functions delegated to 
superior officials under Secs. 1.01-1, 1.01-20, 1.01-30, 1.01-70, and 
1.07-80, or redelegated under Sec. 1.01-85, within the jurisdiction of 
the cognizant official. They will do so under the supervision and 
general direction of that official.

[CGD 91-225, 59 FR 66485, Dec. 27, 1994]



                        Subpart 1.05--Rulemaking

    Authority: 5 U.S.C. 552, 553, App. 2; 14 U.S.C. 2, 631, 632, and 
633; 33 U.S.C. 471, 499; 49 U.S.C. 101, 322; 49 CFR 1.4(b), 1.45(b), and 
1.46.

    Source: CGD 95-057, 60 FR 34148, June 30, 1995, unless otherwise 
noted.



Sec. 1.05-1  Delegation of rulemaking authority.

    (a) The Secretary of Transportation is empowered by various statutes 
to issue regulations regarding the functions, powers and duties of the 
Coast Guard.

    (b) The Secretary of Transportation has delegated much of this 
authority to the Commandant, U.S. Coast Guard, including authority to 
issue regulations regarding the functions of the Coast Guard and the 
authority to redelegate and authorize successive redelegations of that 
authority within the Coast Guard. These delegations are reflected in 49 
CFR 1.45 and 1.46.

    (c) The Commandant has reserved the authority to issue any rules and 
regulations determined to be significant under Executive Order 12866, 
Regulatory Planning and Review.

    (d) The Commandant has redelegated to the various office chiefs at 
U.S. Coast Guard Headquarters, with the reservation that this authority 
shall not be further redelegated, the authority to develop and issue 
regulations necessary to implement laws, treaties, or Executive Orders 
associated with their assigned programs; issue amendments to existing 
regulations as necessary; and submit regulatory proposals for Marine 
Safety Council consideration.
    (e)(1) The Commandant has redelegated to Coast Guard District 
Commanders, with the reservation that this authority shall not be 
further redelegated, the authority to issue regulations pertaining to 
the following:
    (i) Anchorage grounds and special anchorage areas.
    (ii) The designation of lightering zones.
    (iii) The operation of drawbridges.
    (iv) The establishment of Regulated Navigation Areas.
    (v) The establishment of safety and security zones.
    (vi) The establishment of special local regulations.
    (2) This delegation does not extend to those matters specified in 
paragraph (c) of this section or rules and regulations which have been 
shown to raise substantial issues or to generate controversy.
    (f) Except for those matters specified in paragraph (c) of this 
section, the Commandant has redelegated to Coast Guard Captains of the 
Port, with the reservation that this authority shall not be further 
redelegated, the authority to establish safety and security zones.
    (g) The Commandant has redelegated to Coast Guard District 
Commanders, Captains of the Port, the Assistant Commandant for 
Operations, and the Assistant Commandant for Marine Safety and 
Environmental Protection, the authority to make the certification 
required by section 605(b) of the Regulatory Flexibility Act (Sec. 
605(b), Pub. L. 96-354, 94 Stat. 1168 (5 U.S.C. 605)) for rules that 
they issue.

[CGD 95-057, 60 FR 34148, June 30, 1995, as amended by CGD 96-026, 61 FR 
33662, June 28, 1996; CGD 97-023, 62 FR 33361, June 19, 1997]

[[Page 13]]



Sec. 1.05-5  Marine Safety Council.

    The Marine Safety Council, composed of senior Coast Guard officials, 
acts as policy advisor to the Commandant and is the focal point of the 
Coast Guard regulatory system. The Marine Safety Council provides 
oversight, review, and guidance for all Coast Guard regulatory activity.



Sec. 1.05-10  Regulatory process overview.

    (a) Most rules of local applicability are issued by District 
Commanders and Captains of the Port, while rules of wider applicability 
are issued by senior Coast Guard officials at Coast Guard Headquarters, 
For both significant rulemaking (defined by Executive Order 12866, 
Regulatory Planning and Review and Department of Transportation Order 
2100.5, Policies and Procedures for Simplification, Analysis, and Review 
of Regulations) and non-significant rulemaking, other than those areas 
delegated to District Commanders and Captains of the Port, the 
regulatory process begins when an office chief with program 
responsibilities identifies a possible need for a new regulation or for 
changes to an existing regulation. The need may arise due to statutory 
changes, or be based on internal review or public input. Early public 
involvement is strongly encouraged.
    (b) After a tentative regulatory approach is developed, a regulatory 
project proposal is submitted to the Marine Safety Council for approval. 
The proposal describes the scope of the proposed regulation, 
alternatives considered, and potential cost and benefits, including 
possible environmental impacts. All regulatory projects require Marine 
Safety Council approval.
    (c) Significant rulemaking projects must also be approved by the 
Commandant of the Coast Guard.
    (d) If the project is approved, the necessary documents are drafted, 
including documents to be published in the Federal Register. These may 
include regulatory evaluations, environmental analyses, requests for 
comments, announcements of public meetings, notices of proposed 
rulemakings, and final rules.



Sec. 1.05-15  Public participation.

    The Coast Guard considers public participation essential to 
effective rulemaking, and encourages the public to participate in its 
rulemaking process. Coast Guard policy is to provide opportunities for 
public participation early in potential rulemaking projects. Generally, 
the Coast Guard will solicit public input by publishing a notice of 
public meeting or request for comments in the Federal Register. Advance 
Notices of Proposed Rulemaking, Notices of Proposed Rulemaking, 
Supplemental Notices of Proposed Rulemaking, and Interim Rules will 
usually provide 90 days, or more if possible, after publication for 
submission of comments. This time period is intended to allow interested 
persons the opportunity to participate in the rulemaking process through 
the submission of written data and views. However, certain cases and 
circumstances may make it necessary to provide a shorter comment period. 
Public meetings may also be held to provide an opportunity for oral 
presentations. The Coast Guard will consider the comments received and, 
in subsequent rulemaking documents, will incorporate a concise general 
statement of the comments received and identify changes from a proposed 
rule based on the comments.



Sec. 1.05-20  Petitions for rulemaking.

    (a) Any member of the public may petition the Coast Guard to 
undertake a rulemaking action. There is no prescribed form for a 
petition for rulemaking, but the document should provide some supporting 
information as to why the petitioner believes the proposed rulemaking is 
necessary and the document should clearly indicate that it is a petition 
for rulemaking. Petitions should be addressed to the Executive 
Secretary, Marine Safety Council (G-LRA/3406), United States Coast Guard 
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001.
    (b) The petitioner will be notified of the Coast Guard's decision 
whether to initiate a rulemaking or not. If the Coast Guard decides not 
to pursue a rulemaking, the petitioner will be notified of the reasons 
why. If the Coast Guard decides to initiate rulemaking,

[[Page 14]]

it will follow the procedure outlined in this subpart. The Coast Guard 
may publish a notice acknowledging receipt of a petition for rulemaking 
in the Federal Register.
    (c) Any petition for rulemaking and any reply to the petition will 
be kept in a public file open for inspection.



Sec. 1.05-25  Public docket.

    (a) A public file is maintained for each petition for rulemaking and 
each Coast Guard regulation and notice published in the Federal 
Register. Each file contains copies of every rulemaking document 
published for the project, public comments received, summaries of public 
meetings or hearings, regulatory assessments, and other publicly-
available information. Members of the public may inspect the public 
docket and copy any documents in the file. Each rulemaking document will 
identify where the public file for that rulemaking is maintained.
    (b) The public dockets for Coast Guard rulemaking activity initiated 
by Coast Guard District Commanders are available for public inspection 
at the appropriate Coast Guard District office.
    (c) The public dockets for Coast Guard rulemaking activity initiated 
by Captains of the Port are available for inspection at the appropriate 
Captain of the Port office.



Sec. 1.05-30  Advance notice of proposed rulemaking (ANPRM).

    An advance notice of proposed rulemaking may be used to alert the 
affected public about a new regulatory project, or when the Coast Guard 
needs more information about what form proposed regulations should take, 
the actual need for a regulation, the cost of a proposal, or any other 
information. The ANPRM may solicit general information or ask the public 
to respond to specific questions.



Sec. 1.05-35  Notice of proposed rulemaking (NPRM).

    Under the Administrative Procedure Act (APA), 5 U.S.C. 553, an NPRM 
is generally published in the Federal Register for Coast Guard 
rulemakings. The NPRM normally contains a preamble statement in 
sufficient detail to explain the proposal, its background, basis, and 
purpose, and the various issues involved. It also contains a discussion 
of any comments received in response to prior notices, a citation of 
legal authority for the rule, and the text of the proposed rule.



Sec. 1.05-40  Supplemental notice of proposed rulemaking (SNPRM).

    An SNPRM may be issued if a proposed rule has been substantially 
changed from the original notice of proposed rulemaking. The 
supplemental notice advises the public of the revised proposal and 
provides an opportunity for additional comment. To give the public a 
reasonable opportunity to become reacquainted with a rulemaking, a 
supplemental notice may also be issued if considerable time has elapsed 
since publication of a notice of proposed rulemaking. An SNPRM contains 
the same type of information generally included in an NPRM.



Sec. 1.05-45  Interim rule.

    (a) An interim rule may be issued when it is in the public interest 
to promulgate an effective rule while keeping the rulemaking open for 
further refinement. For example, an interim rule may be issued in 
instances when normal procedures for notice and comment prior to issuing 
an effective rule are not required, minor changes to the final rule may 
be necessary after the interim rule has been in place for some time, or 
the interim rule only implements portions of a proposed rule, while 
other portions of the proposed rule are still under development.
    (b) An interim rule will be published in the Federal Register with 
an effective date that will generally be at least 30 days after the date 
of publication. After the effective date, an interim rule is enforceable 
and is codified in the next annual revision of the appropriate title of 
the Code of Federal Regulations.



Sec. 1.05-50  Final rule.

    In some instances, a final rule may be issued without prior notice 
and comment. When notice and comment procedures have been used, and 
after all comments received have been considered, a final rule is 
issued. A final rule

[[Page 15]]

document contains a preamble that discusses comments received, responses 
to comments and changes made from the proposed or interim rule, a 
citation of legal authority, and the text of the rule.



Sec. 1.05-55  Direct final rule.

    (a) A direct final rule may be issued to allow noncontroversial 
rules that are unlikely to result in adverse public comment to become 
effective more quickly.
    (b) A direct final rule will be published in the Federal Register 
with an effective date that is generally at least 90 days after the date 
of publication.
    (c) The public will usually be given at least 60 days from the date 
of publication in which to submit comments or notice of intent to submit 
comments.
    (d) If no adverse comment or notice of intent to submit an adverse 
comment is received within the specified period, the Coast Guard will 
publish a notice in the Federal Register to confirm that the rule will 
go into effect as scheduled.
    (e) If the Coast Guard receives a written adverse comment or a 
written notice of intent to submit an adverse comment, the Coast Guard 
will publish a notice in the final rule section of the Federal Register 
to announce withdrawal of the direct final rule. If an adverse comment 
clearly applies to only part of a rule, and it is possible to remove 
that part without affecting the remaining portions, the Coast Guard may 
adopt as final those parts of the rule on which no adverse comment was 
received. Any part of a rule that is the subject of an adverse comment 
will be withdrawn. If the Coast Guard decides to proceed with a 
rulemaking following receipt of an adverse comment, a separate Notice of 
Proposed Rulemaking (NPRM) will be published unless an exception to the 
Administrative Procedure Act requirements for notice and comment 
applies.
    (f) A comment is considered adverse if the comment explains why the 
rule would be inappropriate, including a challenge to the rule's 
underlying premise or approach, or would be ineffective or unacceptable 
without a change.

[CGD 94-105, 60 FR 49224, Sept. 22, 1995]



Sec. 1.05-60  Negotiated rulemaking.

    (a) The Coast Guard may establish a negotiated rulemaking committee 
under the Negotiated Rulemaking Act of 1990 and the Federal Advisory 
Committee Act (FACA) (5 U.S.C. App. 2) when it is in the public 
interest.
    (b) Generally, the Coast Guard will consider negotiated rulemaking 
when:
    (1) There is a need for a rule;
    (2) There are a limited number of representatives for identifiable 
parties affected by the rule;
    (3) There is a reasonable chance that balanced representation can be 
reached in the negotiated rulemaking committee and that the committee 
members will negotiate in good faith;
    (4) There is a likelihood of a committee consensus in a fixed time 
period;
    (5) The negotiated rulemaking process will not unreasonably delay 
the rule;
    (6) The Coast Guard has resources to do negotiated rulemaking; and
    (7) The Coast Guard can use the consensus of the committee in 
formulating the NPRM and final rule.



    Subpart 1.07--Enforcement; Civil and Criminal Penalty Proceedings

    Authority: 14 U.S.C. 633; Sec. 6079(d), Pub. L. 100-690, 102 Stat. 
4181; 49 CFR 1.46.

    Source: CGD 78-82, 43 FR 54186, Nov. 20, 1978, unless otherwise 
noted.



Sec. 1.07-1  Purpose.

    This part describes procedures for enforcement and administration of 
all statutory penalty provisions that the Coast Guard is authorized to 
enforce.



Sec. 1.07-5  Definitions.

    (a) The term District Commander, when used in this subpart, means 
the District Commander, or any person under the District Commander's 
command, delegated to carry out the provisions of Sec. 1.07-10(b).
    (b) The term Hearing Officer means a Coast Guard officer or employee 
who has been delegated the authority to assess civil penalties.

[[Page 16]]

    (c) The term issuing officer means any qualified Coast Guard 
commissioned, warrant, or petty officer.
    (d) The term Notice of Violation means a notification of violation 
and preliminary assessment of penalty, given to a party, in accordance 
with Sec. 1.07-11.
    (e) The term party means the person alleged to have violated a 
statute or regulation to which a civil penalty applies and includes an 
individual or public or private corporation, partnership or other 
association, or a governmental entity.

[CGD 93-079, 59 FR 16560, Apr. 7, 1994]



Sec. 1.07-10  Reporting and investigation.

    (a) Any person may report an apparent violation of any law, 
regulation, or order that is enforced by the Coast Guard to any Coast 
Guard facility. When a report of an apparent violation has been 
received, or when an apparent violation has been detected by any Coast 
Guard personnel, the matter is investigated or evaluated by Coast Guard 
personnel. Once an apparent violation has been investigated or 
evaluated, a report of the investigation may be sent to the District 
Commander in accordance with paragraph (b) of this section or a Notice 
of Violation under Sec. 1.07-11 may be given to the party by an issuing 
officer.
    (b) Reports of any investigation conducted by the Coast Guard or 
received from any other agency which indicate that a violation may have 
occurred are forwarded to a District Commander for action. This is 
normally the District Commander of the District in which the violation 
is believed to have occurred, or the District in which the reporting 
unit or agency is found. The District Commander reviews the reports to 
determine if there is sufficient evidence to establish a prima facie 
case. If there is insufficient evidence, the case is either returned for 
further investigation or closed if further action is unwarranted. The 
case is closed in situations in which the investigation has established 
that a violation did not occur, the violator is unknown, or there is 
little likelihood of discovering additional relevant facts. If it is 
determined that a prima facie case does exist, a case file is prepared 
and forwarded to the Hearing Officer, with a recommended action. A 
record of any prior violations by the same person or entity, is 
forwarded with the case file.

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 87-008a, 52 FR 
17554, May 11, 1987; CGD 93-079, 59 FR 16560, Apr. 7, 1994]



Sec. 1.07-11   Notice of violation.

    (a) After investigation and evaluation of an alleged violation has 
been completed, an issuing officer may issue a Notice of Violation to 
the party.
    (b) The Notice of Violation will contain the following information:
    (1) The alleged violation and the applicable law or regulations 
violated;
    (2) The amount of the maximum penalty that may be assessed for each 
violation;
    (3) The amount of proposed penalty that appears to be appropriate;
    (4) A statement that payment of the proposed penalty within 45 days 
will settle the case;
    (5) The place to which, and the manner in which, payment is to be 
made;
    (6) A statement that the party may decline the Notice of Violation 
and that if the Notice of Violation is declined, the party has the right 
to a hearing prior to a final assessment of a penalty by a Hearing 
Officer.
    (c) The Notice of Violation may be hand delivered to the party or an 
employee of the party, or may be mailed to the business address of the 
party.
    (d) If a party declines a Notice of Violation or takes no action on 
the Notice of Violation within 45 days, the case file will be sent to 
the District Commander for processing under the procedures described in 
Sec. 1.07-10(b).

[CGD 93-079, 59 FR 66482, Dec. 27, 1994]



Sec. 1.07-15  Hearing Officer.

    (a) The Hearing Officer has no other responsibility, direct or 
supervisory, for the investigation of cases referred for the assessment 
of civil penalties. The hearing officer may take action on a case 
referred by any District Commander.
    (b) The Hearing Officer decides each case on the basis of the 
evidence before him, and must have no prior connection with the case. 
The Hearing Officer is solely responsible for the decision in each case 
referred to him.

[[Page 17]]

    (c) The Hearing Officer is authorized to administer oaths and issue 
subpenas necessary to the conduct of a hearing, to the extent provided 
by law.

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 87-008a, 52 FR 
17554, May 11, 1987]



Sec. 1.07-20  Initiation of action.

    (a) When a case is received for action, the Hearing Officer makes a 
preliminary examination of the material submitted. If, on the basis of 
the preliminary examination, the Hearing Officer determines that there 
is insufficient evidence to proceed, or that there is any other reason 
which would make penalty action inappropriate, the Hearing Officer 
returns the case to the District Commander with a written statement of 
the reason. The District Commander may close the case or cause a further 
investigation of the alleged violation to be made with a view toward 
resubmittal of the case to the Hearing Officer.
    (b) If on the basis of the preliminary examination of the case file, 
the Hearing Officer determines that a violation appears to have been 
committed, the Hearing Officer notifies the party in writing of:
    (1) The alleged violation and the applicable law or regulations;
    (2) The amount of the maximum penalty that may be assessed for each 
violation;
    (3) The general nature of the procedure for assessing and collecting 
the penalty;
    (4) The amount of penalty that appears to be appropriate, based on 
the material then available to the Hearing Officer;
    (5) The right to examine all materials in the case file and have a 
copy of all written documents provided upon request; and,
    (6) The fact that the party may demand a hearing prior to any actual 
assessment of a penalty.
    (c) If at any time it appears that the addition of another party to 
the proceedings is necessary or desirable, the Hearing Officer provides 
the additional party with notice as described above.



Sec. 1.07-25  Preliminary matters.

    (a) Within 30 days after receipt of notice of the initiation of the 
action, as described above, the party, or counsel for the party, may 
request a hearing, provide any written evidence and arguments in lieu of 
a hearing, or pay the amount specified in the notice as being 
appropriate. A hearing must be requested in writing; the request must 
specify the issues which are in dispute. Failure to specify a 
nonjurisdictional issue will preclude its consideration.
    (b) The right to a hearing is waived if the party does not submit 
the request to the Hearing Officer within 30 days after receiving notice 
of the alleged violation. At the discretion of the Hearing Officer, a 
hearing may be granted if the party submits a late request.
    (c) The Hearing Officer must promptly schedule all hearings which 
are requested. The Hearing Officer shall grant any delays or 
continuances which may be necessary or desirable in the interest of 
fairly resolving the case.
    (d) A party who has requested a hearing may amend the specification 
of the issues in dispute at any time up to 10 days before the scheduled 
date of the hearing. Issues raised later than 10 days before the 
scheduled hearing may be presented only at the discretion of the Hearing 
Officer.

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 85-001A, 51 FR 
19329, May 29, 1986]



Sec. 1.07-30  Disclosure of evidence.

    The alleged violator may, upon request, receive a free copy of all 
the written evidence in the case file, except material that would 
disclose or lead to the disclosure of the identity of a confidential 
informant. Other evidence or material, such as blueprints, sound or 
video tapes, oil samples, and photographs may be examined in the Hearing 
Officer's offices. The Hearing Officer may provide for examination or 
testing of evidence at other locations if there are adequate safeguards 
to prevent loss or tampering.

[[Page 18]]



Sec. 1.07-35  Request for confidential treatment.

    (a) In addition to information treated as confidential under 
Sec. 1.07-30, a request for confidential treatment of a document or 
portion thereof may be made by the person supplying the information on 
the basis that the information is:
    (1) Confidential financial information, trade secrets, or other 
material exempt from disclosure by the Freedom of Information Act (5 
U.S.C. 552);
    (2) Required to be held in confidence by 18 U.S.C. 1905; or
    (3) Otherwise exempt by law from disclosure.
    (b) The person desiring confidential treatment must submit the 
request to the Hearing Officer in writing and state the reasons 
justifying nondisclosure. Failure to make a timely request may result in 
a document being considered as nonconfidential and subject to release.
    (c) Confidential material is not considered by the Hearing Officer 
in reaching a decision unless:
    (1) It has been furnished by a party, or
    (2) It has been furnished pursuant to a subpena.



Sec. 1.07-40  Counsel.

    A party has the right to be represented at all stages of the 
proceeding by counsel. After receiving notification that a party is 
represented by counsel, the Hearing Officer directs all further 
communications to that counsel.



Sec. 1.07-45  Location of hearings and change of venue.

    (a) The hearing is normally held at the office of the Hearing 
Officer.
    (b) The Hearing Officer may transfer a case to another Hearing 
Officer on request or on the Hearing Officer's own motion.
    (c) A request for change of location of a hearing or transfer to 
another Hearing Officer must be in writing and state the reasons why the 
requested action is necessary or desirable. Action on the request is at 
the discretion of the Hearing Officer.

[CGD 87-008a, 52 FR 17554, May 11, 1987]



Sec. 1.07-50  Witnesses.

    A party may present the testimony of any witness either through a 
personal appearance or through a written statement. The party may 
request the assistance of the Hearing Officer in obtaining the personal 
appearance of a witness. The request must be in writing and state the 
reasons why a written statement would be inadequate, the issue or issues 
to which the testimony would be relevant, and the substance of the 
expected testimony. If the Hearing Officer determines that the personal 
appearance of the witness may materially aid in the decision on the 
case, the Hearing Officer seeks to obtain the witness' appearance. 
Because many statutes prescribing civil penalties do not provide subpena 
power, there may be cases where a witness cannot be required to attend. 
In such a case, the Hearing Officer may move the hearing to the witness' 
location, accept a written statement, or accept a stipulation in lieu of 
testimony. If none of these procedures is practical, the Hearing Officer 
shall proceed on the basis of the evidence before him.



Sec. 1.07-55  Hearing procedures.

    (a) The Hearing Officer must conduct a fair and impartial proceeding 
in which the party is given a full opportunity to be heard. At the 
outset of the hearing, the Hearing Officer insures that the party is 
aware of the nature of the proceeding and of the alleged violation, and 
of the provisions of the law or regulation allegedly violated.
    (b) The material in the case file pertinent to the issues to be 
determined by the Hearing Officer is presented. The party has the right 
to examine, and to respond to or rebut, this material. The party may 
offer any facts, statements, explanations, documents, sworn or unsworn 
testimony, or other exculpatory items which bear on appropriate issues, 
or which may be relevant to the size of an appropriate penalty. The 
Hearing Officer may require the authentication of any written exhibit or 
statement.
    (c) At the close of the party's presentation of evidence, the 
Hearing Officer may allow the introduction of rebuttal evidence. The 
Hearing Officer may

[[Page 19]]

allow the party to respond to any such evidence submitted.
    (d) In receiving evidence, the Hearing Officer is not bound by 
strict rules of evidence. In evaluating the evidence presented, the 
Hearing Officer must give due consideration to the reliability and 
relevance of each item of evidence.
    (e) The Hearing Officer may take notice of matters which are subject 
to a high degree of indisputability and are commonly known in the 
community or are ascertainable from readily available sources of known 
accuracy. Prior to taking notice of a matter, the Hearing Officer gives 
the party an opportunity to show why notice should not be taken. In any 
case in which notice is taken, the Hearing Officer places a written 
statement of the matters as to which notice was taken in the record, 
with the basis for such notice, including a statement that the party 
consented to notice being taken or a summary of the party's objections.
    (f) After the evidence in the case has been presented, the party may 
present argument on the issues in the case. The party may also request 
an opportunity to submit a written statement for consideration by the 
Hearing Officer and for further review. The Hearing Officer shall allow 
a reasonable time for submission of the statement and shall specify the 
date by which it must be received. If the statement is not received 
within the time prescribed, or within the limits of any extension of 
time granted by the Hearing Officer, the Hearing Officer renders his 
decision in the case.



Sec. 1.07-60  Records.

    (a) A verbatim transcript will not normally be prepared. The Hearing 
Officer prepares notes on the material and points raised by the party, 
in sufficient detail to permit a full and fair review and resolution of 
the case, should it be appealed.
    (b) A party may, at its own expense, cause a verbatim transcript to 
be made. If a verbatim transcript is made, the party shall submit two 
copies to the Hearing Officer not later than the time of filing and 
administrative appeal. The Hearing Officer includes them in the record.



Sec. 1.07-65  Hearing Officer's decisions.

    (a) The Hearing Officer issues a written decision. Any decision to 
assess a penalty is based upon substantial evidence in the record. If 
the Hearing Officer finds that there is not substantial evidence in the 
record establishing the alleged violation or some other violation of 
which the party had full and fair notice, the Hearing Officer shall 
dismiss the case and remand it to the District Commander. A dismissal is 
without prejudice to the District Commander's right to refile the case 
and have it reheard if additional evidence is obtained. A dismissal 
following a rehearing is final and with prejudice.
    (b) If the Hearing Officer assesses a penalty, the Hearing Officer's 
decision contains a statement advising the party of the right to an 
administrative appeal. The party is advised that failure to submit an 
appeal within the prescribed time will bar its consideration and that 
failure to appeal on the basis of a particular issue will constitute a 
waiver of that issue in any subsequent proceeding.

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 85-001A, 51 FR 
19329, May 29, 1986]



Sec. 1.07-70  Right to appeal.

    (a) Any appeal from the decision of the Hearing Officer must be 
submitted by a party within 30 days from the date of receipt of the 
decision. The appeal and any supporting brief must be submitted to the 
Hearing Officer. The only issues which will be considered on appeal are 
those issues specified in the appeal which were properly raised before 
the Hearing Officer and jurisdictional questions.
    (b) The failure to file an appeal within the prescribed time limit 
results in the action of the Hearing Officer becoming the final agency 
action in the case.



Sec. 1.07-75  Action on appeals.

    (a) Upon receipt, the Hearing Officer provides a copy of the appeal 
and any supporting brief to the District Commander who referred the 
case. Any comments which the District Commander desires to submit must 
be received by the Hearing Officer within 30

[[Page 20]]

days. The Hearing Officer includes the District Commander's comments, or 
not later than 30 days after receipt of the appeal if no comments are 
submitted by the District Commander, the Hearing Officer forwards all 
materials in the case to the Commandant.
    (b) The Commandant issues a written decision in each case and 
furnishes copies to the party, the District Commander, and the Hearing 
Officer, The Commandant may affirm, reverse, or modify the decision, or 
remand the case for new or additional proceedings. In the absence of a 
remand, the decision of the Commandant on appeal shall be final. In 
addition to the actions which may be taken by the Commandant on appeal, 
the Commandant may also remit, mitigate or suspend the assessment in 
whole or in part. Upon the taking of remission, mitigation, or 
suspension action, the Commandant will inform the party of the action 
and any conditions placed on the action.

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 87-008a, 52 FR 
17555, May 11, 1987]



Sec. 1.07-80  Reopening of hearings.

    (a) At any time prior to final agency action in a civil penalty 
case, a party may petition to reopen the hearing on the basis of newly 
discovered evidence.
    (b) Petitions to reopen must be in writing describing the newly 
found evidence and must state why the evidence would probably produce a 
different result favorable to the petitioner, whether the evidence was 
known to the petitioner at the time of the hearing and, if not, why the 
newly found evidence could not have been discovered in the exercise of 
due diligence. The party must submit the petition to the Hearing 
Officer.
    (c) The District Commander may file comments in opposition to the 
petition. If comments are filed, a copy is provided the party.
    (d) A petition to reopen is considered by the Hearing Officer unless 
an appeal has been filed, in which case the petition is considered by 
the Commandant.
    (e) The decision on the petition is decided on the basis of the 
record, the petition, and the comments in opposition, if any. The 
petition is granted only when newly found evidence is described which 
has a direct and material bearing on the issues and when a valid 
explanation is provided as to why the evidence was not and could not 
have been, in the exercise of due diligence, produced at the hearing. 
The decision is rendered in writing.
    (f) Following a denial of a petition to reopen, the party is given 
30 days to file an appeal if one has not already been filed, or to amend 
an appeal which has already been filed.

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 87-008a, 52 FR 
17555, May 11, 1987]



Sec. 1.07-85  Collection of civil penalties.

    (a) Payment of a civil penalty may be made by check or postal money 
order payable to the U.S. Coast Guard.
    (b) Within 30 days after receipt of the Commandant's decision on 
appeal, or the Hearing Officer's decision in a case in which no appeal 
has been filed, the party must submit payment of any assessed penalty to 
the office specified in the assessment notice. Failure to make timely 
payment will result in the insititution of appropriate action under the 
Federal Claims Collection Act and the regulations issued thereunder.
    (c) When a penalty of not more than $200 has been assessed under 
Chapter 43 or 123 of Title 46 U.S.C., the matter may be referred for 
collection of the penalty directly to the Federal Magistrate of the 
jurisdiction wherein the person liable may be found, for the institution 
of collection procedures under supervision of the district court, if the 
court has issued an order delegating such authority under section 636(b) 
of Title 28, United States Code.


[CGD 87-008a, 52 FR 17555, May 11, 1987]



Sec. 1.07-90  Criminal penalties.

    (a) Prosecution in the Federal courts for violations of those laws 
or regulations enforced by the Coast Guard which provide, upon 
conviction, for punishment by fine or imprisonment is a matter finally 
determined by the Department of Justice. This final determination 
consists of deciding whether and under what conditions to prosecute or 
to abandon prosecution.

[[Page 21]]

    (b) Except in those cases where the approval of the Commandant is 
required, the District Commander is authorized to refer the case to the 
U.S. attorney. The Commandant's approval is required in the following 
cases where evidence of a criminal offense is disclosed:
    (1) Marine casualties or accidents resulting in death.
    (2) Marine Boards (46 CFR part 4).
    (3) Violations of port security regulations (33 CFR parts 6, 121 to 
126 inclusive).
    (c) The District Commander will identify the laws or regulations 
which were violated and make specific recommendations concerning the 
proceedings to be instituted by the U.S. attorney in every case.



Sec. 1.07-95  Civil and criminal penalties.

    (a) If a violation of law or regulation carries both a civil and a 
criminal penalty, the District Commander is authorized to determine 
whether to institute civil penalty proceedings or to refer the case to 
the U.S. attorney for prosecution in accordance with Sec. 1.07-90.
    (b) When the U.S. Attorney declines to institute criminal 
proceedings, the District Commander decides whether to initiate civil 
penalty proceedings or to close the case.



Sec. 1.07-100  Summons in lieu of seizure of commercial fishing industry vessels.

    (a) As used in this section, the following terms have the meanings 
specified:
    (1) Commercial fishing industry vessel means a fishing vessel, a 
fish processing vessel, or a fish tender vessel as defined in 46 U.S.C. 
2101 (11a), (11b), or (11c), respectively.
    (2) Personal use quantity means a quantity of a controlled substance 
as specified in 19 CFR 171.51.
    (b) When a commercial fishing industry vessel is subject to seizure 
for a violation of 21 U.S.C. 881(a)(4), (6), or (7); of 19 U.S.C. 
1595a(a); or of 49 U.S.C. App. 782 and the violation involves the 
possession of a personal use quantity of a controlled substance, the 
vessel shall be issued a summons to appear as prescribed in subpart F of 
19 CFR part 171 in lieu of seizure, provided that the vessel is:
    (1) Proceeding to or from a fishing area or intermediate port of 
call; or
    (2) Actively engaged in fishing operations.

[CGD 89-003, 54 FR 37615, Sept. 11, 1989]



     Subpart 1.08--Written Warnings by Coast Guard Boarding Officers

    Authority: 14 U.S.C. 633; 49 CFR 1.46(b).



Sec. 1.08-1   Applicability.

    (a) The regulations in this subpart apply to certain violations of 
the following statutes and regulations for which Coast Guard boarding 
officers are authorized to issue written warnings instead of 
recommending civil or criminal penalty procedures under subpart 1.07 of 
this part:
    (1) 46 CFR 25.05 whistles or other sound producing devices;
    (2) 33 CFR part 175, subpart B and 46 CFR subpart 25.25, Personal 
Flotation Devices.
    (3) 46 CFR 25.35 backfire flame control;
    (4) 46 CFR 25.40 ventilation;
    (5) 33 CFR part 173 numbering;
    (6) 46 U.S.C. 103, documented yachts;
    (7) 33 CFR part 155 oil pollution prevention; and
    (8) 46 CFR 25.30 fire extinguishers;
    (9) 33 CFR part 159 marine sanitation devices;
    (10) 33 CFR part 175 subpart C, Visual Distress Signals.
    (11) 33 CFR 88.05 Copy of rules.
    (b) The Commandant authorizes designated boarding officers to issue 
warnings for certain minor violations of the statutes and regulations 
listed in paragraph (a) of this section. Written warnings are not 
authorized for all violations of these statutes and regulations.

(14 U.S.C. 633, 85 Stat. 228 (46 U.S.C. 1488); 86 Stat. 871 (33 U.S.C. 
1322); 49 CFR 1.46(b), (m), and (n)(1))

[CGD 74-155, 41 FR 17894, Apr. 29, 1976, as amended by CGD 77-182, 43 FR 
22657, May 25, 1978; CGD 82-040, 47 FR 21042, May 17, 1982; CGD 85-009, 
50 FR 10761, Mar. 18, 1985]

[[Page 22]]



Sec. 1.08-5   Procedures.

    (a) A written warning may be issued where the boarding officer 
determines that:
    (1) The observed violation is a first offense; and
    (2) The operator states that the violation will be promptly 
corrected.
    (b) A written warning may not be issued where:
    (1) The operator is required to be licensed;
    (2) The violation is a failure to have required safety equipment on 
board; or
    (3) The boarding officer notes three or more violations during one 
boarding.
    (c) Each district office maintains a record of each written warning 
issued within that district for a period of not more than one year after 
date of issue except in cases involving violations of 33 CFR part 159 
marine sanitation devices, records of which are maintained by each 
district office for not more than three years after date of issue.
    (d) The district commander of the district in which the warning is 
issued may rescind a written warning and institute civil penalty action 
under Sec. 1.07-9 of this part if a record check discloses a prior 
written warning or violation issued within one year or in the case of a 
violation of 33 CFR part 159 a prior written warning or violation issued 
within three years.
    (e) Within 15 days after the date of issue, any person issued a 
written warning by a Coast Guard boarding officer may appeal the 
issuance of the warning to the district commander by providing in 
writing or in person any information that denies, explains, or mitigates 
the violations noted in the warning.
    (f) Each written warning shall indicate that:
    (1) The warning is kept on file for a period of not more than one 
year after date of issue or in the case of a violation of 33 CFR part 
159 a period of not more than three years for reference in determining 
appropriate penalty action if there is a subsequent violation;
    (2) If a record check reveals a prior written warning or violation 
within the time period designated in Sec. 1.08-5(d) of this part, the 
warning may be revoked and civil penalty action instituted;
    (3) If an additional violation occurs within the time period 
designated in Sec. 1.08-5(d) the warning may be used as a basis for the 
assessment of a higher penalty for the subsequent violation; and
    (4) Within 15 days after the date of issue, the person who is issued 
the warning may appeal to the District Commander by providing in writing 
or in person any information or material that denies, explains, or 
mitigates the violations noted in the warning.

(14 U.S.C. 633; 85 Stat. 228 (46 U.S.C. 1488); 86 Stat. 871 (33 U.S.C. 
1322); 49 CFR 1.46 (b), (m), and (n)(1))

[CGD 74-155, 41 FR 17894, Apr. 29, 1976, as amended by CGD 77-182, 43 FR 
22657, May 25, 1978]



            Subpart 1.10--Public Availability of Information

    Authority: 5 U.S.C. 552, 14 U.S.C. 633, sec. 6(b)(1), 80 Stat. 937 
(49 U.S.C. 1655(b)(1)); 49 CFR 1.46(b).

    Source: CGD-73-54R, 38 FR 12396, May 11, 1973, unless otherwise 
noted.



Sec. 1.10-1   Official records and documents.

    Identifiable records and documents of the Coast Guard are made 
available to the public in accordance with the Department of 
Transportation regulations contained in part 7 of title 49, Code of 
Federal Regulations.



Sec. 1.10-5   Public availability of records and documents.

    (a) Each person desiring to inspect a record or document covered by 
this subpart that is located in Headquarters, or to obtain a copy of 
such a record or document, must make a written request to the Chief, 
Office of Information Management, U.S. Coast Guard Headquarters, 2100 
Second Street SW., Washington, DC 20593-0001.
    (b) Each person desiring to inspect a record or document covered by 
this subpart that is located in a Coast Guard district, or to obtain a 
copy of such a record or document, must make a written request to the 
district commander in command of the district, or

[[Page 23]]

to the officer-in-charge of the appropriate marine inspection zone. 
Coast Guard districts and marine inspection zones are listed in part 3 
of this chapter.
    (c) If the person making the request does not know where in the 
Coast Guard the record or document is located, he may send his request 
to the Chief, Office of Information Management, at the address in 
paragraph (a) of this section.

[CGD-73-54R, 38 FR 12396, May 11, 1973, as amended by CGD 96-026, 61 FR 
33662, June 28, 1996]



   Subpart 1.20--Testimony by Coast Guard Personnel and Production of 
                      Records in Legal Proceedings

    Authority: 5 U.S.C. 301; 14 U.S.C. 632, 633, 49 U.S.C. 322; 49 CFR 
1.46 and part 9.



Sec. 1.20-1   Testimony by Coast Guard personnel and production of records.

    (a) The regulations in 49 CFR part 9 apply to the testimony of Coast 
Guard personnel, production of Coast Guard records, and service of 
process in legal proceedings.
    (b) Except for the acceptance of service of process or pleadings 
under paragraph (d) of this section and 49 CFR 9.19, the Legal Officer 
of each Maintenance and Logistics Command, each District Legal Officer, 
and the Legal Officer assigned to any other Coast Guard unit or command, 
for matters involving personnel assigned to their command, are delegated 
the functions of ``agency counsel'' described in 49 CFR part 9.
    (c) A request for a member or employee of the Coast Guard to 
testify, or for permission to interview such a member or employee, 
should be made to the Legal officer serving the command to which that 
member or employee is assigned, or, if the member or employee is serving 
at Coast Guard Headquarters, or with a command receiving legal services 
from the Chief counsel, U.S. Coast Guard, to the Chief, Claims and 
Litigation Division. Should the member or employee no longer be employed 
by the Coast Guard, and the testimony or information sought falls within 
the provisions of 49 CFR part 9, the request should be made to the 
District Legal Officer serving the geographic area where the former 
member or employee resides or, if no District Legal Officer has 
geographic responsibility, to the Chief, Claims and Litigation Division.
    (d) Process or pleadings in any legal proceeding concerning the 
Coast Guard may be served, at the option of the server, on the Chief 
Counsel or the Deputy Chief Counsel of the Coast Guard with the same 
effect as if served on the Commandant of the Coast Guard. The official 
accepting the service under this section acknowledges the service and 
takes further action as appropriate.

(80 Stat. 383, as amended, sec. 1, 33 Stat. 1022, as amended, sec. 9, 80 
Stat. 944; 5 U.S.C. 552, 14 U.S.C. 632, 633, 46 U.S.C. 375, 416, 49 
U.S.C. 1657 (a) and (e); 49 CFR 1.46, and part 9)

[CGFR 71-30, 36 FR 8732, May 12, 1971, as amended by CGD 95-057, 60 FR 
34150, June 30, 1995]



     Subpart 1.25--Fees and Charges for Certain Records and Services

    Authority: 5 U.S.C. 552; 14 U.S.C. 633; 49 CFR 1.46.



Sec. 1.25-1   Purpose.

    (a) The regulations in this subpart established fees and charges 
which shall be imposed by the Coast Guard for making copies or excerpts 
of information or records, and for issuing certain duplicate documents, 
certificates, or licenses.
    (b) These fees and charges are imposed as required by Title V of the 
Independent Offices Appropriation Act of 1952 (Sec. 501, 65 Stat. 290, 
31 U.S.C. 483a). This Act states that it is the sense of Congress that 
fees and charges shall be charged for services rendered the public by 
Federal agencies in order that such services may be performed on a self-
sustaining basis to the fullest extent possible.



Sec. 1.25-30  Exceptions.

    (a) The general policies and instructions of the Bureau of the 
Budget

[[Page 24]]

specify when certain services as specifically described in this subpart 
will be furnished without charge.
    (b) The fees and charges prescribed in this subpart are not 
applicable when requested by, or furnished to, the following persons, or 
under the following circumstances:
    (1) A person who donated the original document.
    (2) A person who has an official, voluntary or cooperative 
relationship to the Coast Guard in rendering services promoting safety 
of life and property.
    (3) Any agency, corporation or branch of the Federal Government.
    (4) A person found guilty by an administrative law judge receives 
one copy of the transcript of the hearing if he:
    (i) Files a notice of appeal, under 46 CFR 5.30-1; and
    (ii) Requests a copy of the transcript.
    (5) A person who has been required to furnish personal documents 
retained by the Coast Guard.
    (6) For other exceptions see 49 CFR 7.97.

(31 U.S.C. 483a; 49 U.S.C. 1655(b)(1); 49 CFR 1.46(b))

[CGFR 67-13, 32 FR 11211, Aug. 2, 1967, as amended by CGD 76-124, 42 FR 
23507, May 9, 1977]



Sec. 1.25-40   Fees for services for the public.

    The fees for services performed for the public, as prescribed in 
sections 552(a) (2) and (3) of title 5, United States Code, by the 
Department of Transportation are in subpart I of title 49, Code of 
Federal Regulations. The fee schedule for these services is contained in 
49 CFR 7.95. The applicable fees are imposed and collected by the Coast 
Guard as prescribed in 49 CFR 7.93.
(Title V, 65 Stat. 268, 290; sec. 6(b)(1), 80 Stat. 937; 31 U.S.C. 483a; 
49 U.S.C. 1655(b)(1); 49 CFR 1.46(b))

[CGD 72-62R, 37 FR 20166, Sept. 27, 1972; 37 FR 21481, Oct. 12, 1972, as 
amended by 40 FR 23743, June 2, 1975; CGD 77-065, 42 FR 31169, June 20, 
1977; CGD 89-085, 55 FR 23930, June 13, 1990; CGD 91-002, 58 FR 15236, 
Mar. 19, 1993]



Sec. 1.25-45  Special admeasurement services.

    If an admeasurer is assigned to measure or certify the tonnage of a 
vessel at the request of the owner thereof at a place other than a port 
of entry, a custom station, or port where an officer-in-charge, marine 
inspection, is located, the owner shall pay the admeasurer's:
    (a) Pay based on the hourly rate for the grade or level of position 
held or the daily military compensation rate, as appropriate;
    (b) Travel expense based on the estimated cost of travel from and 
return to the nearest port of entry, customs station, or office of an 
officer-in-charge, marine inspection; and
    (c) Daily subsistence expense from the time he leaves his official 
duty station until he returns thereto.

(Title V, 65 Stat. 268, 290; sec. 6(b)(1), 80 Stat. 937; 31 U.S.C. 483a; 
49 U.S.C. 1655(b)(1); 49 CFR 1.46(b))

[CGD 72-62R, 37 FR 20166, Sept. 27, 1972]



Sec. 1.25-48   Oceanographic research.

    (a) Each person allowed by the Coast Guard to join a Coast Guard 
voyage for the purpose of oceanographic research is charged the cost of 
each meal that he consumes while on board the Coast Guard vessel.
    (b) The person, company, association, or government agency engaging 
a Coast Guard vessel for an oceanographic research study is charged the 
daily cost of operating the vessel.

(Title V, 65 Stat. 268, 290; sec. 6(b)(1), 80 Stat. 937; 31 U.S.C. 483a; 
49 U.S.C. 1655(b)(1); 49 CFR 1.46(b))

[CGD 72-62R, 37 FR 20167, Sept. 27, 1972]



Sec. 1.25-80   Payment of fees, charges or sales.

    (a) The payment of fees and charges must be made by postal money 
order or check payable to the ``Treasurer of the United States'' or 
``U.S. Coast Guard,'' and sent to the office of the Coast Guard 
performing the service or furnishing or delivering the record, document, 
or certificate. If copy is to be transmitted by registered, air, or 
special delivery mail, postal fees therefor will be added to fees 
provided in this subpart (or the order must include postage stamps or 
stamped return envelopes).
    (b) The fee is payable in advance.

[CGFR 67-13, 32 FR 11211, Aug. 2, 1967]

[[Page 25]]



   Subpart 1.26--Charges for Duplicate Medals, and Sales of Personal 
               Property, Equipment or Services and Rentals

    Authority: 14 U.S.C. 633; 49 CFR 1.46(k).

    Source: CGFR 67-13, 32 FR 11211, Aug. 2, 1967, unless otherwise 
noted.



Sec. 1.26-1   Purpose.

    (a) The regulations in this subpart establish charges which shall be 
imposed by the Coast Guard when the Coast Guard sells supplies, 
equipment, apparatus, temporary shelter, and services under certain 
specified conditions as authorized by law.
    (b) These sales are intended to permit repayment of costs involved 
in those instances which are ordinarily outside the scope of those 
distress services with which the Coast Guard is primarily concerned (14 
U.S.C. 88), or the equipment and apparatus are not readily procurable in 
the open market.



Sec. 1.26-5   Replacement of medals.

    (a) A medal, or a bar, emblem, or insignia in lieu thereof, that is 
lost, destroyed, or rendered unfit for use without fault or neglect on 
the part of the person to whom it was awarded by the Coast Guard is 
replaced without charge by the Coast Guard as authorized in 14 U.S.C. 
501.
    (b) A medal, a bar, emblem or insignia in lieu thereof, that is 
lost, destroyed, or rendered unfit for use due to the fault or neglect 
of the person to whom it was awarded, is replaced after the Coast Guard 
is reimbursed for its cost. Current prices may be obtained from 
Commandant (G-WPM-3), 2100 2nd St. SW. Washington, DC 20593.

(Sec. 1, 63 Stat. 537, 545; sec. 6(b)(1), 80 Stat. 937; 14 U.S.C. 501, 
633; 49 U.S.C. 1655(b)(1); 49 CFR 1.46(b))

[CGD 72-207R, 37 FR 25167, Nov. 28, 1972 as amended by CGD 85-077, 51 FR 
25366, July 14, 1986; CGD 96-026, 61 FR 33662, June 28, 1996]



Sec. 1.26-10   Sales to Coast Guard Auxiliary.

    (a) The provisions of Title 14, U.S. Code, section 891, authorizes 
the Coast Guard to furnish the Coast Guard Auxiliary such items as 
flags, pennants, uniforms, and insignia at actual cost.
    (b) Sales of the following items (when available) are permitted to 
members of the Auxiliary:
    (1) Auxiliary flags and pennants.
    (2) Uniforms.
    (3) Auxiliary insignia.

(Sec. 891, 63 Stat. 557 (14 U.S.C. 891)).



Sec. 1.26-15   Sales of nonexcess personal property and services.

    (a) Authority. The provisions of Title 14, U.S. Code, section 
641(b), authorizes the Coast Guard to sell apparatus or equipment 
manufactured by or in use in the Coast Guard, which is not readily 
procurable in the open market. The provisions of Title 14, U.S. Code, 
section 654 (Pub. L. 86-159 approved Aug. 14, 1959), authorize the Coast 
Guard to sell supplies and furnish services to public and commercial 
vessels, and other watercraft. The provisions of Title 49, U.S. Code, 
section 1507 (Act of May 20, 1926, as amended), authorize the Coast 
Guard to sell to any aircraft, fuel, oil, equipment, and other supplies, 
and to furnish mechanical service, temporary shelter, and other 
assistance.
    (b) Charges established by District Commander. The charges for 
supplies and services which may be normally expected to be furnished to 
persons, corporations, companies, vessels, and other watercraft, and 
non-Federal aircraft will vary between various geographical regions 
depending on local circumstances. The District Commander is hereby 
delegated authority to prescribe and he shall establish, in advance 
wherever practicable, the charges to be imposed and collected in various 
areas under his jurisdiction, which will be in accordance with the 
applicable general minimum terms and conditions in the laws and this 
section. In those cases where the charges have not been established in 
advance, the matter shall be priced on an individual basis, taking into 
consideration the facts and circumstances regarding the situation. The 
list(s) of charges established by the District Commander shall be 
available for reading and copying at the office of the issuing District 
Commander, which list(s) will be up-dated and reissued when necessary.
    (c) Sales to vessels and other watercraft. (1) The charges imposed 
for services

[[Page 26]]

are intended to permit repayment of costs involved in those instances 
where supplies and services are furnished to meet the necessities of the 
circumstances, and such vessels or watercraft are not within the scope 
of those distress services performed by the Coast Guard.
    (2) Charges for sales of supplies and/or furnishing of services are 
considered appropriate when the furnishing of food, fuel, general 
stores, or repairs to the vessel or its equipage are primarily for the 
convenience of the owner, master, or crew, and furnished at his or their 
request. It is not intended and the Coast Guard does not procure and 
stock equipment and supplies except as provided for in current 
instructions issued by competent authority.
    (3) Supplies provided and services performed will be of a limited 
nature consistent with the situation and within the capabilities of the 
Coast Guard unit concerned; provided this will not be in competition 
with commercial enterprise when such facilities are available and deemed 
adequate. It is not intended to permit the operators of vessels or 
watercraft to take advantage of the Government by demanding free 
supplies or services. Determination as to whether charges will be made 
is dependent upon the circumstances involved in each instance. The 
responsibility to make this determination rests with the District 
Commander who may delegate it to his subordinates.
    (4) The minimum charge for any supplies or services furnished to a 
vessel or other watercraft shall be $10. The prices for fuels and 
materials which may be sold will be at Coast Guard cost plus 20 percent 
or, if readily determinable, at the commercial price in the immediate 
operating area, whichever is higher. The charges for services furnished 
a vessel or watercraft will be an average cost equal to the full price, 
plus taxes, that a boat owner would pay a local commercial concern for 
such services.
    (5) The sales of supplies and services will be documented and will 
set forth the name, type, and identifying number of the vessel or 
watercraft receiving supplies or services; name and address of vessel's 
owner; and conditions under which it was determined to make a sale to 
the vessel or watercraft. Wherever possible, payment shall be obtained 
at the time supplies and services are furnished.
    (d) Sales of equipment not readily procurable on the open market. 
Charges imposed for sales of apparatus and equipment manufactured by or 
in use in the Coast Guard which, in the opinion of the Commandant (FS), 
is not readily procurable in the open market, are subject to the 
following conditions:
    (1) The apparatus or equipment has not been reported as excess to 
the General Services Administration (if so reported, requests to 
purchase will be submitted by the Commandant (FS) to the General 
Services Administration); and,
    (2) The apparatus or equipment is not classified for security 
reasons or is not dangerous to the public health and safety; and,
    (3) The authorized buyers of this apparatus or equipment are 
foreign, State, or municipal governments or governmental units thereof; 
parties required to maintain private aids to navigation; contractors 
engaged on public works; and in other cases in which, in the judgment of 
the Commandant (FS), the public interest may be served; and,
    (4) The approved sales will be at prices determined by the 
Commandant (FS), which will include an overhead charge not to exceed 25 
percent of acquisition cost.
    (e) Sales to and storage of non-Federal aircraft. (1) Activities 
having the necessary supplies and facilities are authorized to furnish 
fuel, oil, equipment, supplies, mechanical services, temporary storage, 
or other assistance to any aircraft operated by State, municipal, or 
private enterprise in emergency cases. Complete engines, airplane wings, 
or other major items of equipment shall not be furnished without prior 
authority from the Commandant.
    (2) Aircraft damaged to the extent that major repairs are required 
may be given emergency storage at the request of the pilot, provided the 
necessary facilities are available. No such aircraft will be given a 
major or minor overhaul. Damaged aircraft may be stored in its original 
damaged condition. If aircraft requires extensive repairs,

[[Page 27]]

such as would include the replacing of major parts and such major parts 
cannot be made available or supplied within a reasonable length of time 
by the operator of such aircraft, then the aircraft must be removed from 
the Coast Guard reservation by the operator without delay.
    (3) The Government will not assume any responsibility for any loss 
or damage incurred by such aircraft while on a Coast Guard reservation 
and the owner shall be required to remove the aircraft from the 
reservation at the earliest practicable date.
    (4) Storage charges for such aircraft on a Coast Guard reservation 
shall be as follows:
    (i) For the first 6 working days, no charge;
    (ii) For each calendar day thereafter, $3 for a single motor plane 
and $5 for a dual or multiengine plane.
    (5) In the absence of any information to the contrary regarding a 
particular item or material, the price at which the item is carried in 
stock, or on the Plant Property Record (book price) will be regarded as 
the fair market value.
    (6) When materials or services or both materials and services are 
furnished an aircraft, a deposit equal to the estimated value of such 
services and materials as will be required shall be obtained in advance 
of the rendition of the services and issuance of the materials.
    (7) The charges for mechanical services rendered (other than in 
connection with the arrival, refueling, and departure of airplanes) 
shall be an hourly charge for labor, with a minimum of 1 hour, which 
shall be the equivalent to the schedule of wage rates for civilian 
personnel for the district (i.e., machinists, helpers, etc.), regardless 
of whether the services are performed by enlisted or civilian personnel.

(Sec. 1107, 72 Stat. 798, as amended; sec. 641, 63 Stat. 547, as 
amended; sec. 1, 73 Stat. 357; 49 U.S.C. 1507; 14 U.S.C. 641(b), 654)



Sec. 1.26-20   Sales to eligible foreign governments.

    (a) Policy of United States. The Congressional policy is set forth 
in Title 22, U.S. Code, section 2351. The Executive Order No. 10973 
dated November 3, 1961 (26 FR 10469), describes the administration of 
foreign assistance and related functions.
    (b) Diplomatic transactions. Sales of Coast Guard material under 
reimbursable aid will be by direction of the Commandant (FS) and as 
approved by the Office of the Chief of Naval Operations. Reimbursable 
aid transactions are diplomatic transactions and are negotiated 
primarily between the respective foreign military attache or other 
representatives of their embassy in Washington, DC, and the Office of 
the Chief of Naval Operations. Prices will be based on material cost 
only and estimates will not include packing, crating, and handling or 
transportation costs. Under reimbursable aid, transportation costs are 
borne by the purchasing country and shipments are usually accomplished 
on collect commercial bills of lading.



Sec. 1.26-25   Payment of charges.

    (a) The payment of charges shall be by postal money order or check 
payable to ``U.S. Coast Guard,'' and given or sent to the office of the 
Coast Guard performing the service or furnishing the supplies, 
equipment, etc.



PART 2--JURISDICTION--Table of Contents




                          Subpart 2.01--Purpose

Sec.
2.01-1 Purpose.

            Subpart 2.05--Definitions of Jurisdictional Terms

2.05-1  High seas.
2.05-5  Territorial seas.
2.05-10  Territorial sea baseline.
2.05-15  Contiguous zone.
2.05-20  Internal waters and inland waters.
2.05-25  Navigable waters of the United States; Navigable Waters; 
          Territorial Waters.
2.05-27  Waters subject to tidal influence; waters subject to the ebb 
          and flow of the tide; mean high water.
2.05-30  Waters subject to the jurisdiction of the United States; waters 
          over which the United States has jurisdiction.
2.05-35  Exclusive Economic Zone.

         Subpart 2.10--Availability of Jurisdictional Decisions

2.10-1  Maintenance of decisions.

[[Page 28]]

2.10-5  Availability of lists and charts.
2.10-10  Decisions subject to change or modification.

    Authority: 14 U.S.C. 633, 80 Stat. 931 (49 U.S.C. 1655(b)); 49 CFR 
1.4(b), 1.46(b).

    Source: CGD 75-098, 40 FR 49326, Oct. 22, 1975, unless otherwise 
noted.



                          Subpart 2.01--Purpose



Sec. 2.01-1   Purpose.

    The purpose of this part is to inform the public of the definitions 
which the Coast Guard uses to examine waters to determine whether the 
Coast Guard has jurisdiction on those waters under particular U.S. laws.



            Subpart 2.05--Definitions of Jurisdictional Terms



Sec. 2.05-1   High seas.

    (a) Except as provided in paragraphs (b) and (c) of this section, 
high seas means all waters which are neither territorial seas nor 
internal waters of the United States or of any foreign country.1
---------------------------------------------------------------------------

    1 It should be noted that under 14 U.S.C. 89 the Coast Guard 
is authorized to enforce the laws of the United States upon the ``high 
seas'' and waters over which the United States has jurisdiction. Certain 
of the criminal laws of the United States are based on its special 
maritime and territorial jurisdiction, one of whose components is the 
``high seas'', as defined in paragraph (b). However, this definition of 
``high seas'' does not apply to the use of ``high seas'' found in 14 
U.S.C. 89, to which the definition in paragraph (a) applies. A clear 
distinction should be maintained between the Coast Guard's authority 
under 14 U.S.C. 89 and the jurisdictional base of the criminal laws 
which apply to the special maritime and territorial jurisdiction. For 
example, while assault (18 U.S.C. 113) committed seaward of the 
territorial sea could be committed on the ``high seas'' for both 
purposes, an assault committed within the territorial sea could be 
committed on the ``high seas'' to bring it within the special maritime 
and territorial jurisdiction and at the same time be committed on waters 
over which the United States has jurisdiction (not the ``high seas'') 
for purposes of the Coast Guard's authority to undertake enforcement 
action.
---------------------------------------------------------------------------

    (b) High seas, as used in 18 U.S.C. 7(1), means the Great Lakes and 
waters seaward of the low water line along the coast, except waters 
within harbors or narrow coastal indentations enclosed by 
promontories.1
    (c) High seas, as used in section 2 of the Act of February 19, 
1895, as amended, 33 U.S.C. 151, and all laws referring thereto, means 
the waters seaward of the lines described in 46 CFR 7.

[CGD 75-098, 40 FR 49326, Oct. 22, 1975, as amended by CGD 96-026, 61 FR 
33662, June 28, 1996; CGD 97-023, 62 FR 33361, June 19, 1997]



Sec. 2.05-5   Territorial seas.

    (a) With respect to the United States, territorial seas means the 
waters within the belt, 3 nautical miles wide, that is adjacent to its 
coast and seaward of the territorial sea baseline.
    (b) With respect to any foreign country, territorial seas means the 
waters within the belt that is adjacent to its coast and whose breadth 
and baseline are recognized by the United States.



Sec. 2.05-10   Territorial sea baseline.

    Territorial Sea Baseline means the delimitation of the shoreward 
extent of the territorial seas of the United States drawn in accordance 
with principles, as recognized by the United States, of the Convention 
on the Territorial Sea and the Contiguous Zone, 15 U.S.T. 1606. Charts 
depicting the territorial sea baseline are available for examination in 
accordance with Sec. 1.10-5(b) of this chapter.



Sec. 2.05-15   Contiguous zone.

    Contiguous zone means the belt of high seas, 9 nautical miles wide, 
that is adjacent to and seaward of the territorial seas of the United 
States and that was declared to exist in Department of State Public 
Notice 358 of June 1, 1972, 37 FR 11906.



Sec. 2.05-20   Internal waters and inland waters.

    (a) Internal waters and, except as provided in paragraph (b) of this 
section, inland waters mean:
    (1) With respect to the United States, the waters shoreward of the 
territorial sea baseline.
    (2) With respect to any foreign country, the waters shoreward of the 
baseline of its territorial sea, as recognized by the United States.
    (b) Inland waters, as used in 33 U.S.C. Chapter 3, means the waters 
shoreward

[[Page 29]]

of the lines described in part 80 of this chapter, except the Great 
Lakes and their connecting and tributary waters as far east as Montreal, 
the waters of the Mississippi River between its source and the Huey P. 
Long Bridge and all of its tributaries emptying thereinto and their 
tributaries, that part of the Atchafalaya River above its junction with 
the Plaquemine-Morgan City alternate waterway, and the Red River of the 
North.

[CGD 75-098, 40 FR 49326, Oct. 22, 1975, as amended by CGD 96-026, 61 FR 
33662, June 28, 1996]



Sec. 2.05-25   Navigable waters of the United States; Navigable Waters; Territorial Waters.2 
---------------------------------------------------------------------------

    2 In various laws administered and enforced by the Coast 
Guard, the terms ``State'' and ``United States'' are defined to include 
some or all of the territories and possessions of the United States. The 
definitions in Secs. 2.05-25 and 2.05-30 should be considered as 
supplementary to these statutory definitions and not as interpretive of 
them.
---------------------------------------------------------------------------

    (a) Except as provided in paragraph (b) of this section, navigable 
waters of the United States, navigable waters, and territorial waters 
mean, except where Congress has designated them not to be navigable 
waters of the United States:
    (1) Territorial seas of the United States;
    (2) Internal waters of the United States that are subject to tidal 
influence; and
    (3) Internal waters of the United States not subject to tidal 
influence that:
    (i) Are or have been used, or are or have been susceptible for use, 
by themselves or in connection with other waters, as highways for 
substantial interstate or foreign commerce, notwithstanding natural or 
man-made obstructions that require portage, or
    (ii) A governmental or non-governmental body, having expertise in 
waterway improvement, determines to be capable of improvement at a 
reasonable cost (a favorable balance between cost and need) to provide, 
by themselves or in connection with other waters, highways for 
substantial interstate or foreign commerce.
    (b) Navigable waters of the United States and navigable waters, as 
used in sections 311 and 312 of the Federal Water Pollution Control Act, 
as amended, 33 U.S.C. 1321 and 1322, mean:
    (1) Navigable waters of the United States as defined in paragraph 
(a) of this section and all waters within the United States tributary 
thereto; and
    (2) Other waters over which the Federal Government may exercise 
Constitutional authority.



Sec. 2.05-27  Waters subject to tidal influence; waters subject to the ebb and flow of the tide; mean high water.

    Waters subject to tidal influence and waters subject to the ebb and 
flow of the tide are interpreted as waters below mean high water. ``Mean 
high water'' is the average of the height of the diurnal high water at a 
particular location measured over a lunar cycle period of 19 years. 
These terms do not include waters above mean high water caused by flood 
flows, storms, high winds, seismic waves, or other non-lunar phenomena.

(Secs. 107, 108, Pub. L. 97-322, 96 Stat. 1582 (33 U.S.C. 495, 499, 502, 
525, 533); 49 CFR 1.46(c))

[CGD 82-102, 47 FR 54299, Dec. 2, 1982]



Sec. 2.05-30   Waters subject to the jurisdiction of the United States; waters over which the United States has jurisdiction.2
---------------------------------------------------------------------------

    2 See footnote 2 to Sec. 2.05-25.
---------------------------------------------------------------------------

    Waters subject to the jurisdiction of the United States and waters 
over which the United States has jurisdiction mean:
    (a) Navigable waters of the United States;
    (b) Other waters that are located on lands, owned by the United 
States, with respect to which jurisdiction has been accepted in 
accordance with 33 U.S.C. 733 by the authorized federal officer having 
custody, control, or other authority over them;
    (c) Other waters that are located on lands, owned by the United 
States, with respect to which the United States retains concurrent or 
exclusive jurisdiction from the date that the State in which the lands 
are located entered the union; and
    (d) Waters within the territories and possessions of the United 
States and the Trust Territories of the Pacific Islands.2

[[Page 30]]



Sec. 2.05-35  Exclusive Economic Zone.

    The Exclusive Economic Zone (EEZ) of the United States is a zone 
contiguous to the territorial sea, including zones contiguous to the 
territorial sea of the United States, the Commonwealth of Puerto Rico, 
the Commonwealth of the Northern Mariana Islands (to the extent 
consistent with the Covenant and the United Nations Trusteeship 
Agreement), and the United States overseas territories and possessions. 
The EEZ extends to a distance 200 nautical miles from the baseline from 
which the breadth of the territorial sea is measured. In cases where the 
maritime boundary with a neighboring State remains to be determined, the 
boundary of the EEZ will be determined by the United States and the 
other State concerned in accordance with equitable principles.

[CGD 97-023, 62 FR 33361, June 19, 1997]



         Subpart 2.10--Availability of Jurisdictional Decisions



Sec. 2.10-1   Maintenance of decisions.

    Each Coast Guard district maintains:
    (a) A list of waters within the district which the Coast Guard has 
decided to be navigable waters of the United States for the purposes of 
its jurisdiction, and
    (b) Charts reflecting Coast Guard decisions as to the location of 
the territorial sea baseline for the purposes of Coast Guard 
jurisdiction, if the district includes portions of the territorial seas.



Sec. 2.10-5   Availability of lists and charts.

    The lists and charts referred to in Sec. 2.10-1 of this chapter are 
available to the public and may be inspected or obtained in accordance 
with Sec. 1.10-5(b) of this chapter.



Sec. 2.10-10   Decisions subject to change or modification.

    The decisions referred to in Sec. 2.10-1 of this subpart are subject 
to change or modification. Inquiries concerning the status of specific 
waters, for the purposes of Coast Guard jurisdiction, should be directed 
to the District Commander of the district in which the waters are 
located.



PART 3--COAST GUARD AREAS, DISTRICTS, MARINE INSPECTION ZONES, AND CAPTAIN OF THE PORT ZONES--Table of Contents




                    Subpart 3.01--General Provisions

Sec.
3.01-1  General description.
3.01-5  Assignment of functions.

                     Subpart 3.04--Coast Guard Areas

3.04-1  Atlantic Area.
3.04-3  Pacific Area.

                Subpart 3.05--First Coast Guard District

3.05-1  First district.
3.05-10  Boston Marine Inspection Zone and Captain of the Port Zone.
3.05-15  Portland, Maine Marine Inspection Zone and Captain of the Port 
          Zone.
3.05-20  Providence Marine Inspection Zone and Captain of the Port Zone.
3.05-30  New York Marine Inspection Zone and Captain of the Port Zone.
3.05-35  Long Island Sound Marine Inspection and Captain of the Port 
          Zone.

                Subpart 3.25--Fifth Coast Guard District

3.25-1  Fifth district.
3.25-05  Philadelphia Marine Inspection Zone and Captain of the Port 
          Zone.
3.25-10  Hampton Roads Marine Inspection Zone and Captain of the Port 
          Zone.
3.25-15  Baltimore Marine Inspection Zone and Captain of the Port Zone.
3.25-20  Wilmington Marine Inspection Zone and Captain of the Port Zone.

               Subpart 3.35--Seventh Coast Guard District

3.35-1  Seventh district.
3.35-10  Miami Marine Inspection Zone and Captain of the Port Zone.
3.35-15  Charleston Marine Inspection Zone and Captain of the Port Zone.
3.35-20  Jacksonville Marine Inspection Zone and Captain of the Port 
          Zone.
3.35-25  San Juan Marine Inspection Zone and Captain of the Port Zone.
3.35-30  Savannah Marine Inspection Zone and Captain of the Port Zone.
3.35-35  Tampa Marine Inspection Zone and Captain of the Port Zone.

                Subpart 3.40--Eighth Coast Guard District

3.40-1  Eighth district.
3.40-10  Mobile Marine Inspection Zone and Captain of the Port Zone.
3.40-15  New Orleans Marine Inspection Zone and Captain of the Port 
          Zone.
3.40-17  Morgan City Marine Inspection Zone and Captain of the Port 
          Zone.

[[Page 31]]

3.40-20  Port Arthur Marine Inspection Zone and Captain of the Port 
          Zone.
3.40-28  Houston-Galveston Marine Inspection Zone and Captain of the 
          Port Zone.
3.40-35  Corpus Christi Marine Inspection Zone and Captain of the Port 
          Zone.
3.40-40  St. Louis Marine Inspection Zone and Captain of the Port Zone.
3.40-45  Paducah Marine Inspection Zone and Captain of the Port Zone.
3.40-50  Huntington Marine Inspection Zone and Captain of the Port Zone.
3.40-55  Louisville Marine Inspection Zone and Captain of the Port Zone.
3.40-60  Memphis Marine Inspection Zone and Captain of the Port Zone.
3.40-65  Pittsburgh Marine Inspection Zone and Captain of the Port Zone.

                Subpart 3.45--Ninth Coast Guard District

3.45-1  Ninth district.
3.45-5  Cleveland Marine Inspection Zone and Captain of the Port Zone.
3.45-10  Buffalo Marine Inspection Zone and Captain of the Port Zone.
3.45-15  Chicago Marine Inspection Zone and Captain of the Port Zone.
3.45-20  Detroit Marine Inspection Zone and Captain of the Port Zone.
3.45-25  Duluth Marine Inspection Zone and Captain of the Port Zone.
3.45-30  Milwaukee Marine Inspection Zone and Captain of the Port Zone.
3.45-45  Sault Ste. Marie Marine Inspection Zone and Captain of the Port 
          Zone.
3.45-50  Toledo Marine Inspection Zone and Captain of the Port Zone.

               Subpart 3.55--Eleventh Coast Guard District

3.55-1  Eleventh district.
3.55-10  Los Angeles-Long Beach Marine Inspection Zone and Captain of 
          the Port Zone.
3.55-15  San Diego Marine Inspection Zone and Captain of the Port Zone.
3.55-20  San Francisco Bay Marine Inspection Zone and Captain of the 
          Port Zone.

              Subpart 3.65--Thirteenth Coast Guard District

3.65-1  Thirteenth district.
3.65-10  Puget Sound Marine Inspection Zone and Captain of the Port 
          Zone.
3.65-15  Portland, Oregon, Marine Inspection Zone and Captain of the 
          Port Zone.

              Subpart 3.70--Fourteenth Coast Guard District

3.70-1  Fourteenth district.
3.70-10  Honolulu Marine Inspection Zone and Captain of the Port Zone.
3.70-15  Guam Marine Inspection Zone and Captain of the Port Zone.

             Subpart 3.85--Seventeenth Coast Guard District

3.85-1  Seventeenth district.
3.85-10  Southeast Alaska Marine Inspection Zone and Captain of the Port 
          Zone.
3.85-15  Western Alaska Marine Inspection Zone and Captain of the Port 
          Zone.
3.85-20  Prince William Sound Marine Inspection Zone and Captain of the 
          Port Zone.

    Authority: 14 U.S.C. 633; 49 CFR 1.45, 1.46.



                    Subpart 3.01--General Provisions



Sec. 3.01-1   General description.

    (a) The structure of the Coast Guard's general organization for the 
performance of its assigned functions and duties consists of the 
Commandant, assisted by the Headquarters staff, two Area Offices to act 
as intermediate echelons of operational command, and District Offices to 
provide regional direction and coordination. The District Offices 
operate within defined geographical areas of the United States, its 
territories, and possessions, including portions of the high seas 
adjacent thereto. The description of the districts is established by the 
Commandant under the authority delegated by 49 CFR 1.45 and 1.46.
    (b) The two Coast Guard Areas are the Atlantic Area (see Sec. 3.04-
1) and the Pacific Area (see Sec. 3.04-3). The Coast Guard Area 
Commander is in command of a Coast Guard Area; the offices are referred 
to as a Coast Guard Area Office. The office of the Commander, Atlantic 
Area, is located in the Fifth Coast Guard District and the Commander, 
Atlantic Area, also serves as the Fifth District Commander. The office 
of the Commander, Pacific Area, is located in the Eleventh Coast Guard 
District and the Commander, Pacific Area, also serves as the Eleventh 
District Commander. Area Commanders have the responsibility of 
determining when operational matters require the coordination of forces 
and facilities of more than one district.
    (c) The Coast Guard District Commander is in command of a Coast 
Guard District and his office may be

[[Page 32]]

referred to as a Coast Guard District Office. (See Sec. 1.01-1 of this 
subchapter.)
    (d) An Officer in Charge, Marine Inspection, is in command of a 
Marine Inspection Zone and his office may be referred to as a Coast 
Guard Marine Inspection Office. (See Sec. 1.01-20 of this subchapter.)
    (e) The Captain of the Port is in command of a Captain of the Port 
Area and his office may be referred to as a Captain of the Port Office. 
(See Sec. 1.01-30 of this subchapter.)
    (f) Each Captain of the Port Area and each Marine Inspection Zone 
described in this part also includes the United States territorial seas 
adjacent to the described Area or Zone for the purpose of enforcing or 
acting pursuant to a statute effective in the United States territorial 
seas. Each Captain of the Port Area and each Marine Inspection Zone 
described in this part also includes the Contiguous Zone adjacent to the 
Area or Zone for the purpose of enforcing or acting pursuant to a 
statute effective in the Contiguous Zone. (See Secs. 2.05-5 and 2.05-
15.) Each Captain of the Port Zone and each Marine Inspection Zone 
described in this part also includes the Exclusive Economic Zone (EEZ) 
adjacent to the area for the purpose of enforcing or acting pursuant to 
a statute effective in the EEZ.
    (g) Geographic coordinates expressed in terms of latitude or 
longitude, or both, are not intended for plotting on maps or charts 
whose referenced horizontal datum is the North American Datum of 1983 
(NAD 83), unless such geographic coordinates are expressly labeled NAD 
83. Geographic coordinates without the NAD 83 reference may be plotted 
on maps or charts referenced to NAD 83 only after application of the 
appropriate corrections that are published on the particular map or 
chart being used.

[CGFR 70-150, 36 FR 909, Jan. 20, 1971, as amended by CGD 77-091, 42 FR 
48022, Sept. 22, 1977; CGD 87-008, 52 FR 13083, Apr. 21, 1987; CGD 87-
008b, 52 FR 25217, July 6, 1987; CGD 86-082, 52 FR 33810, Sept. 8, 1987; 
CGD 93-020, 58 FR 51726, Oct. 4, 1993; CGD 96-025, 61 FR 29959, June 13, 
1996]



Sec. 3.01-5   Assignment of functions.

    Sections 1.45 and 1.46 of Title 49, Code of Federal Regulations, 
authorize the Commandant of the Coast Guard to exercise certain 
functions, powers, and duties vested in the Secretary of Transportation 
by law. The general statements of policy in the rules describing Coast 
Guard organization are prescribed pursuant to 5 U.S.C. 552 (80 Stat. 
383, as amended) and 14 U.S.C. 633 (63 Stat. 545).

[CGFR 70-150, 36 FR 910, Jan. 20, 1971]



                     Subpart 3.04--Coast Guard Areas



Sec. 3.04-1   Atlantic Area.

    (a) The Area Office is in Portsmouth, VA.
    (b) The Atlantic Area is comprised of the land areas and U.S. 
navigable waters of the First, Fifth, Seventh, Eighth and Ninth Coast 
Guard Districts and the ocean areas lying east of a line extending from 
the North Pole south along 95 deg. W. longitude to the North American 
land mass; thence along the east coast of the North, Central, and South 
American land mass to the intersection with 70 deg. W. longitude; thence 
due south to the South Pole. These waters extend east to the Eastern 
Hemisphere dividing line between the Atlantic and Pacific Areas which 
lies along a line extending from the North Pole south along 100 deg. E. 
longitude to the Asian land mass and along a line extending from the 
South Pole north along 17 deg. E. longitude to the African land mass.

[CGFR 70-150, 36 FR 910, Jan. 20, 1971, as amended by CGD 87-008, 52 FR 
13083, Apr. 21, 1987; CGD 96-025, 61 FR 29959, June 13, 1996]



Sec. 3.04-3   Pacific Area.

    (a) The Area Office is in Alameda, CA.
    (b) The Pacific Area is comprised of the land areas and the U.S. 
navigable waters of the Eleventh, Thirteenth, Fourteenth, and 
Seventeenth Coast Guard Districts and the ocean areas lying west of a 
line extending from the North Pole south along 95 deg. W. longitude to 
the North American land mass; thence along the west coast of the North, 
Central, and South American land mass to the intersection with 70 deg. 
W. longitude; thence due south to the South Pole. These waters extend

[[Page 33]]

west to the Eastern Hemisphere dividing line between the Atlantic and 
Pacific Areas which lies along a line extending from the North Pole 
south along 100 deg. E. longitude to the Asian land mass and along a 
line extending from the South Pole north along 17 deg. E. longitude to 
the African land mass.

[CGFR 70-150, 36 FR 910, Jan. 20, 1971, as amended by CGD 87-008, 52 FR 
13084, Apr. 21, 1987; CGD 96-025, 61 FR 29959, June 13, 1996]



                Subpart 3.05--First Coast Guard District



Sec. 3.05-1   First district.

    (a) The District Office is in Boston, Massachusetts.
    (b) The First Coast Guard District is comprised of: Maine; New 
Hampshire; Vermont; Massachusetts; Rhode Island; Connecticut; New York 
except that part north of latitude 42 deg. N. and west of longitude 
74 deg.39' W; that part of New Jersey north of 40 deg.18' N. latitude, 
east of 74 deg.30.5' W. longitude, and northeast of a line from 
40 deg.18' N. 74 deg.30.5' W. north-northwesterly to the New York, New 
Jersey & Pennsylvania boundaries at Tristate; all U.S. Naval 
reservations on shore at Newfoundland; the ocean area encompassed by the 
Search and Rescue boundary between Canada and the United States easterly 
to longitude 63 deg. W.; thence due south to latitude 41 deg. N.; thence 
southwesterly along a line bearing 219 deg.T to the point of 
intersection at 37 deg. N. latitude, 67 deg.13' W. longitude with a line 
bearing 122 deg.T from the New Jersey shoreline at 40 deg.18' N. 
latitude (just south of the Shrewsbury River); thence northwesterly 
along this line to the coast.

[CGFR 61-40, 26 FR 10344, Nov. 3, 1961, as amended by CGD 87-008, 52 FR 
13084, Apr. 21, 1987; CGD 96-016, 61 FR 21958, May 13, 1996]



Sec. 3.05-10   Boston Marine Inspection Zone and Captain of the Port Zone.

    (a) The Boston Marine Inspection Office and Captain of the Port 
Office are located in Boston, Massachusetts.
    (b) The boundary of the Boston Marine Inspection Zone and Captain of 
the Port Zone starts at the boundary of the Massachusetts and New 
Hampshire coasts at 42 deg.52.3' N. latitude, 70 deg.49.0' W. longitude 
and proceeds seaward on a line bearing 90 deg. T to the outermost extent 
of the EEZ; thence southeast along the outermost extent of the EEZ to 
42 deg.08' N. latitude; thence west to 42 deg.08' N. latitude, 
70 deg.15' W. longitude; thence southwest to the Massachusetts coast at 
Manomet Point at 41 deg.55' N. latitude, 70 deg.33' W. longitude; thence 
northwest to 42 deg.04' N. latitude, 71 deg.06' W. longitude; thence to 
the Massachusetts and Rhode Island boundaries at 42 deg.01.5' N. 
latitude, 71 deg.28.0' W. longitude; thence west along the southern 
boundary of Massachusetts, except the waters of Congamond Lakes; thence 
north along the Massachusetts-New York boundary to the intersection of 
the Massachusetts-New York-Vermont boundaries; thence east along the 
Massachusetts-Vermont boundary and the Massachusetts-New Hampshire 
boundary to the point of origin.

[CGD 74-169, 39 FR 32558, Sept. 9, 1974, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 84-037, 49 FR 26583, June 28, 1984; CGD 93-
020, 58 FR 51727, Oct. 4, 1993]



Sec. 3.05-15   Portland, Maine Marine Inspection Zone and Captain of the Port Zone.

    (a) The Portland, Maine Marine Inspection Office and Captain of the 
Port Office are located in Portland, Maine.
    (b) The boundary of the Portland, Maine, Marine Inspection Zone and 
Captain of the Port Zone starts at the boundary of the Massachusetts and 
New Hampshire coasts at 42 deg.52.3' N. latitude, 70 deg.49.0' W. 
longitude and proceeds seaward on a line bearing 90 deg. T to the 
outermost extent of the EEZ; thence northerly and westerly along the 
outermost extent of the EEZ and the Canadian border to the western 
boundary of Essex County in Vermont; thence south along the westernmost 
Vermont county boundaries of Essex, Caledonia, Lamoille, Washington, 
Orange, Windsor, and Bennington to the intersection of the Vermont-New 
York-Massachusetts boundaries; thence east along the Vermont-
Massachusetts and New Hampshire-Massachusetts boundaries to the point of 
origin.

[CGD 74-169, 39 FR 32558, Sept. 9, 1974, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51727, Oct. 4, 1993]

[[Page 34]]



Sec. 3.05-20   Providence Marine Inspection Zone and Captain of the Port Zone.

    (a) The Providence Marine Inspection Office and Captain of the Port 
Office are located in Providence, Rhode Island.
    (b) The boundary of the Providence Marine Inspection Zone and 
Captain of the Port Zone starts on the Massachusetts coast at Manomet 
Point at 41 deg.55' N. latitude, 70 deg.33' W. longitude and proceeds 
northeast to 42 deg.08' N. latitude 70 deg.15' W. longitude; thence east 
along 42 deg.08' N. latitude to the outermost extent of the EEZ; thence 
southerly along the outermost extent of the EEZ to a line bearing 
132 deg. T from Watch Hill Light, Rhode Island; thence northwest along a 
line bearing 132 deg. T from Watch Hill Light, Rhode Island, to Watch 
Hill Light; thence northeast to 41 deg.21' N. latitude, 71 deg.48.5' W. 
longitude at Westerly, Rhode Island; thence north to 41 deg.25' N. 
latitude, 71 deg.48' W. longitude; thence north along the Connecticut-
Rhode Island boundary, including the waters of Beach Pond, to the 
Massachusetts boundary; thence east along the Massachusetts-Rhode Island 
boundary to 42 deg.01.5' N. latitude, 71 deg.28.0' W. longitude; thence 
east to 42 deg.04' N. latitude, 71 deg.06' W. longitude; thence 
southeasterly to the point of origin.

[CGD 74-169, 39 FR 32558, Sept. 9, 1974, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 84-037, 49 FR 26583, June 28, 1984; CGD1 87-
101, 53 FR 24935, July 1, 1988; CGD 93-020, 58 FR 51727, Oct. 4, 1993]



Sec. 3.05-30  New York Marine Inspection Zone and Captain of the Port Zone.

    (a) The New York Marine Inspection Office and Captain of the Port 
Office is located in New York, New York.
    (b) The boundary of the New York Marine Inspection Zone and Captain 
of the Port Zone starts on the south shore of Long Island at 
40 deg.35.4' N. latitude, 73 deg.46.6' W. longitude and proceeds 
southeasterly along a line bearing 127.5 deg.T to 38 deg.28' N. 
latitude, 70 deg.11' W. longitude; thence northwesterly along a line 
bearing 122 deg.T from the New Jersey coast at 40 deg.18' N. latitude; 
thence west along 40 deg.18' N. latitude to 74 deg.30.5' W. longitude; 
thence northwesterly to the intersection of the New York-New Jersey-
Pennsylvania boundaries at Tristate; thence northwesterly along the east 
bank of the Delaware River to 42 deg.00' N. latitude; thence east to 
74 deg.39' W. longitude; thence north to the Canadian border; thence 
easterly along the Canadian Border to the northeast corner of the 
Orleans County line in Vermont; thence following the eastern and 
southern boundaries of Orleans, Franklin, Chittenden, Addison, and 
Ruthland Counties to the Vermont-New York boundary; thence southerly 
along the New York boundary to 41 deg.01.5' N. latitude, 73 deg.40' W. 
longitude; thence southerly to the southern shore of Manursing Island at 
40 deg.58' N. latitude, 73 deg.40' W. longitude; thence southeasterly to 
40 deg.52.5' N. latitude, 73 deg.37.2' W. longitude; thence southerly to 
40 deg.40' N. latitude, 73 deg.40' W. longitude; thence southwesterly to 
the point of origin.

[CGD 96-016, 61 FR 21958, May 13, 1996]



Sec. 3.05-35  Long Island Sound Marine Inspection and Captain of the Port Zone.

    (a) The Long Island Sound Marine Inspection Office and Captain of 
the Port Office is located in New Haven, Connecticut.
    (b) The boundary of the Long Island Sound Marine Inspection Zone and 
Captain of the Port Zone starts at 40 deg.35.4' N. latitude, 
73 deg.46.6' W. longitude; thence proceeds along a line northwesterly to 
40 deg.40' N. latitude, 73 deg.40' W. longitude; thence to 40 deg.52.5' 
N. latitude, 73 deg.37.2' W. longitude; thence northwest to the south 
shore of Manursing Island at 40 deg.58' N. latitude, 73 deg.40' W. 
longitude; thence northerly to the Connecticut-New York boundary at 
41 deg.01.5' N. latitude, 73 deg.40' w. longitude; thence north along 
the western boundary of Connecticut to the Massachusetts-Connecticut 
boundary; thence east along the southern boundary of Massachusetts, 
including the waters of the Congamond Lakes, to the Rhode Island 
boundary; thence south along the Connecticut-Rhode Island boundary, 
excluding the waters of Beach Pond, to 41 deg.24' N. latitude, 
71 deg.48' W. longitude; thence southerly to 41 deg.21' N. latitude, 
71 deg.48.5' W. longitude at Westerly, Rhode Island; thence 
southwesterly to Watch Hill Light, Rhode Island. The northern offshore 
boundary is a line bearing

[[Page 35]]

132 deg.T from Watch Hill Light to the outermost extent of the EEZ. The 
southern offshore boundary extends along a line bearing 127.5 deg.T from 
the south shore of Long Island at 40 deg.35.4' N. latitude, 73 deg.46.6' 
W. longitude to 38 deg.28' N. latitude, 70 deg.11' W. longitude; thence 
easterly to the outermost extent of the EEZ; thence northerly along the 
outermost extent of the EEZ to the intersection of the northern 
boundary.

[CGD 96-016, 61 FR 21958, May 13, 1996]



                Subpart 3.25--Fifth Coast Guard District



Sec. 3.25-1   Fifth district.

    (a) The District Office is in Portsmouth, Va.
    (b) The Fifth Coast Guard District is comprised of: North Carolina; 
Virginia; District of Columbia; Maryland; Delaware; that part of 
Pennsylvania east of a line drawn along 78 deg.55' W. longitude south to 
41 deg.00' N. latitude, thence west to 79 deg.00' W. longitude, and 
thence south to the Pennsylvania-Maryland boundary; that portion of New 
Jersey that lies south and west of a line drawn from the New Jersey 
shoreline at 40 deg.18' N. latitude (just south of the Shrewsbury 
River), thence westward to 40 deg.18' N. latitude, 74 deg.30.5' W. 
longitude, thence north-northwesterly to the junction of the New York, 
New Jersey, and Pennsylvania boundaries at Tristate; and the ocean area 
encompassed by a line bearing 122 deg.T from the coastal end of the 
First and Fifth Districts' land boundary at the intersection of the New 
Jersey shoreline and 40 deg.18' N. latitude (just south of the 
Shrewsbury River) to the southernmost point in the First Coast Guard 
District (a point located at approximately 37 deg. N. latitude, 
67 deg.13' W. longitude); thence along a line bearing 219 deg.T to the 
point of intersection with the ocean boundary between the Fifth and 
Seventh Coast Guard Districts, which is defined as a line bearing 
122 deg.T from the coastal end of the Fifth and Seventh Districts' land 
boundary at the shoreline at the North Carolina-South Carolina border, 
point located at approximately 30 deg.55' N. 73 deg. W.; thence 
northwesterly along this line to the coast.

[CGFR 61-40, 26 FR 10347, Nov. 3, 1961, as amended by CGD 87-008, 52 FR 
13084, Apr. 21, 1987; 52 FR 16480, May 5, 1987; CGD 87-008b, 52 FR 
25217, July 6, 1987; CGD 96-016, 61 FR 21959, May 13, 1996]



Sec. 3.25-05  Philadelphia Marine Inspection Zone and Captain of the Port Zone.

    (a) The Philadelphia Marine Inspection Office and the Philadelphia, 
Captain of the Port Office are located in Philadelphia, Pennsylvania.
    (b) The boundary of the Philadelphia Marine Inspection zone and 
Captain of the Port Zone starts at the New Jersey coast at 40 deg.18' N. 
latitude, thence proceeds westward to 40 deg.18' N. latitude, 
74 deg.30.5' W. longitude, thence north-northwesterly to the junction of 
the New York, New Jersey, and Pennsylvania boundaries at Tristate; 
thence northwesterly along the east bank of the Delaware River to 
42 deg.00' N. latitude; thence west along the New York-Pennsylvania 
boundary to 78 deg.55' W. longitude; thence south to 41 deg.00' N. 
latitude; thence west to 79 deg.00' W. longitude; thence south to the 
Pennsylvania-Maryland boundary; thence east to the intersection of the 
Maryland-Delaware boundary; thence south and east along the Maryland-
Delaware boundary to the sea, including Fenwick Island Light. The 
offshore boundary starts at Fenwick Island Light and proceeds east along 
38 deg.28' N. latitude to 70 deg.11' W. longitude; thence northwesterly 
along a line bearing 122 deg.T from the New Jersey Coast at 40 deg.18' 
N. latitude.

[CGD 75-093, 40 FR 45168, Oct. 1, 1975, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 82-080, 47 FR 47811, Oct. 28, 1982. 
Redesignated by CGD 87-008, 52 FR 13084, Apr. 21, 1987. Further amended 
by CGD 88-052, 53 FR 25119, July 1, 1988; CGD 93-020, 58 FR 51728, Oct. 
4, 1993; CGD 96-016, 61 FR 21959, May 13, 1996]



Sec. 3.25-10   Hampton Roads Marine Inspection Zone and Captain of the Port Zone.

    (a) The Hampton Roads Marine Inspection Office and the Hampton Roads 
Captain of the Port Office are located in Norfolk, Virginia.

[[Page 36]]

    (b) The boundary of the Hampton Roads Marine Inspection Zone and 
Captain of the Port Zone starts at the intersection of the Maryland-
Delaware boundary and the coast and proceeds along the Maryland-Delaware 
boundary to a point 75 deg.30' W. longitude; thence southerly to a point 
75 deg.30' W. longitude on the Maryland-Virginia boundary, thence 
westerly along the Maryland-Virginia boundary as it proceeds across the 
Delmarva Peninsula, Pocomoke River, Tangier and Pocomoke Sounds, and 
Chesapeake Bay; thence northwesterly along the Maryland-Virginia 
boundary and the District of Columbia-Virginia boundary as those 
boundaries are formed along the southern bank of the Potomac River to 
the intersection of the Virginia-Maryland-West Virginia boundaries; 
thence southerly along the Virginia-West Virginia boundary and the 
Virginia-Kentucky boundary to the Tennessee boundary; thence eastward 
along the Virginia-Tennessee boundary to the Virginia-North Carolina 
boundary; thence eastward along the Virginia-North Carolina boundary to 
Kerr (Buggs Island) Lake; thence along the shore of Kerr Lake in North 
Carolina back to the Virginia-North Carolina boundary; thence eastward 
along the Virginia-North Carolina boundary to the west bank of the 
Chowan River; thence southerly along the west bank of the Chowan River 
to a point 36 deg.00' N. latitude, 76 deg.41' W. longitude; thence 
generally southerly and easterly along the western boundaries of 
Washington, and Hyde Counties to a point 35 deg.37' N. latitude, 
76 deg.32' W. longitude; thence easterly to a point 35 deg.37' N. 
latitude, 76 deg.00.5' W. longitude; thence generally southwesterly to a 
point 35 deg.01.5' N. latitude, 76 deg.20 W. longitude; thence easterly 
to the sea at 34 deg.59.8' N. latitude, 76 deg.07.8 W. longitude. The 
offshore boundary starts at the intersection of the Maryland-Delaware 
boundary and the coast and proceeds east to a point 38 deg.28' N. 
latitude, 70 deg.11 W. longitude; thence southeasterly on a line bearing 
122 deg. T to the outermost extent of the EEZ; thence southerly along 
the outermost extent of the EEZ to 34 deg.59.8' N. latitude; and thence 
westerly along 34 deg.59.8' latitude to the coast at 76 deg.07.8' W. 
longitude.

[CGD 73-31R, 39 FR 8613, Mar. 6, 1974, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51728, Oct. 4, 1993; 58 FR 
67909, Dec. 22, 1993; CGD 96-016, 61 FR 21959, May 13, 1996]



Sec. 3.25-15   Baltimore Marine Inspection Zone and Captain of the Port Zone.

    (a) The Baltimore Marine Inspection Office and the Baltimore Captain 
of the Port Office are located in Baltimore, Maryland.
    (b) The boundary of the Baltimore Marine Inspection Zone and Captain 
of the Port Zone starts at a point of 75 deg.30' W. longitude on the 
Delaware-Maryland boundary and proceeds along the Delaware-Maryland 
boundary west and north to the Pennsylvania boundary; thence west along 
the Pennsylvania-Maryland boundary to the West Virginia boundary; thence 
southerly and easterly along the Maryland-West Virginia boundary to the 
Virginia boundary; thence southeasterly along the Maryland-Virginia 
boundary and the District of Columbia-Virginia boundary as those 
boundaries are formed along the southern bank of the Potomac River; 
thence easterly along the Maryland-Virginia boundary as it proceeds 
across the Chesapeake Bay, Tangier and Pocomoke Sounds, Pocomoke River, 
and Delmarva Peninsula to a point 75 deg.30' W. longitude on the 
Maryland-Virginia boundary; thence northerly to a point 75 deg.30' W. 
longitude on the Delaware-Maryland boundary.

[CGD 73-31R, 39 FR 8614, Mar. 6, 1974, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51728, Oct. 4, 1993; CGD 95-081, 
60 FR 67062, Dec. 28, 1995]



Sec. 3.25-20   Wilmington Marine Inspection Zone and Captain of the Port Zone.

    (a) The Wilmington Marine Inspection Office and the Wilmington 
Captain of the Port Office are located in Wilmington, North Carolina.
    (b) The boundary of the Wilmington Marine Inspection Zone and 
Captain of the Port Zone starts at the sea at 34 deg.59.8' N. latitude, 
76 deg.07.8' W. longitude, and proceeds along a line northwesterly to a 
point 35 deg.01.5' N. latitude, 76 deg.10' W. longitude; thence westerly 
to

[[Page 37]]

a point 35 deg.01.5' N. latitude, 76 deg.20' W. longitude; thence 
westerly to a point 35 deg.37' N. latitude, 76 deg.32' W. longitude; 
thence northerly and westerly along the western boundaries of Hyde and 
Washington Counties to a point 36 deg.00' N. latitude, 76 deg.41' W. 
longitude; thence northerly along the west bank of the Chowan River to 
the North Carolina-Virginia boundary; thence westerly along the North 
Carolina-Virginia boundary to Kerr (Buggs Island) Lake; thence along the 
shore of Kerr Lake in North Carolina to the North Carolina-Virginia 
Boundary; thence westerly along the North Carolina-Virginia boundary to 
the Tennessee boundary; thence southwesterly along the North Carolina-
Tennessee boundary to the Georgia boundary; thence easterly along the 
North Carolina-Georgia boundary to the South Carolina boundary; thence 
easterly along the South Carolina-North Carolina boundary to the sea. 
The offshore boundary of the Wilmington Captain of the Port Zone starts 
at the coast at 34 deg.59.8' N. latitude; thence proceeds easterly to 
the outermost extent of the EEZ; thence southerly along the outermost 
extent of the EEZ to a line bearing 122 deg. T from the intersection of 
the South Carolina-North Carolina boundary and the sea to the outermost 
extent of the EEZ; thence westerly along a line bearing 122 deg. T to 
the coast.

[CGD 73-31R, 39 FR 8614, Mar. 6, 1974; CGD 73-31R, 39 FR 12007, Apr. 2, 
1974, as amended by CGD 77-241, 44 FR 10983, Feb. 26, 1979; CGD 93-020, 
59 FR 948, Jan. 7, 1994]



               Subpart 3.35--Seventh Coast Guard District



Sec. 3.35-1   Seventh district.

    (a) The District Office is in Miami, Fla.
    (b) The Seventh Coast Guard District shall comprise South Carolina, 
Florida, and Georgia, except that part of Florida and Georgia west of a 
line from the intersection of the Florida coast with longitude 
83 deg.50' W. due north to a position 30 deg.15' N., 83 deg.50' W., 
thence due west to a position 30 deg.15' N., 84 deg.45' W., thence due 
north to the intersection with the south shore of Jim Woodruff 
Reservoir, thence along the east bank of the Jim Woodruff Reservoir and 
the east bank of the Flint River up stream to Montezuma, Ga., thence to 
West Point, Ga.; the Panama Canal Zone; all of the island possessions of 
the United States pertaining to Puerto Rico and the Virgin Islands; all 
of the U.S. naval reservations in the islands of the West Indies and on 
the north coast of South America; and the ocean areas encompassed by a 
line bearing 122 deg. T. from the coastal end of the Fifth and Seventh 
Coast Guard District land boundary to the intersection with the eastern 
boundary of the National Maritime Search and Rescue Region; thence along 
the eastern and southern boundary of the National Maritime Search and 
Rescue Region to the intersection with the off-shore boundary between 
the Seventh and Eighth Coast Guard Districts which is defined as a line 
extending 199 deg. T. from the coastal end of the Seventh and Eighth 
Coast Guard District land boundary; thence along this line to the coast.

[CGFR 61-40, 26 FR 10348, Nov. 3, 1961, as amended by CGFR 70-150, 36 FR 
911, Jan. 20, 1971]



Sec. 3.35-10  Miami Marine Inspection Zone and Captain of the Port Zone.

    (a) The Miami Marine Inspection Office and the Miami Captain of the 
Port Office are located in Miami, Florida.
    (b) The boundary of the Miami Marine Inspection Zone and Captain of 
the Port Zone starts at the eastern Florida coast at 28 deg.00' N. 
latitude; thence proceeds west to 28 deg.00' N. latitude, 81 deg.30' W. 
longitude; thence south to 26 deg.00' N. latitude, 81 deg.30' W. 
longitude; thence southwesterly to the southern tip of Cape Romano, 
Florida. The offshore area of the Miami Captain of the Port Zone 
includes that portion of the western North Atlantic Ocean area bounded 
on the north by 28 deg.00' N. latitude from the coast to the outermost 
extent of the EEZ and bounded on the east and south by the outermost 
extent of the EEZ; and that portion of the eastern Gulf of Mexico and 
the Florida Bay bounded on the north by a line bearing 227 deg. T from 
the southern tip of Cape Romano to the outermost extent of the EEZ and 
bounded on the west and

[[Page 38]]

south by the outermost extent of the EEZ.

[CGD 76-212, 43 FR 1056, Jan. 5, 1978, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51729, Oct. 4, 1993]



Sec. 3.35-15  Charleston Marine Inspection Zone and Captain of the Port Zone.

     (a) The Charleston Marine Inspection Office and the Charleston 
Captain of the Port Office are located in Charleston, South Carolina.
    (b) The boundary of the Charleston Marine Inspection Zone and 
Captain of the Port Zone starts at the sea at the intersection of the 
North Carolina-South Carolina boundary; thence proceeds westerly along 
the North Carolina-South Carolina boundary to the intersection of the 
North Carolina-South Carolina-Georgia boundaries; thence southerly along 
the South Carolina-Georgia boundary to the intersection with the Federal 
dam at the southern end of Hartwell Reservoir; thence southerly along 
the eastern bank of the Savannah River to 32 deg.30' N. latitude; thence 
easterly to the eastern bank of the Edisto River at 32 deg.41' N. 
latitude; thence southerly along the eastern bank of the Edisto River to 
the southern tip of Bay Point, Edisto Island, South Carolina. The 
offshore boundary starts at a line bearing 122 deg. T from the 
intersection of the South Carolina-North Carolina boundary and the sea 
to the outermost extent of the EEZ; thence southerly along the outermost 
extent of the EEZ to 30 deg.50' N. latitude; thence east along 
30 deg.50' N. latitude to a line bearing 122 deg. T from the southern 
tip of Bay Point, Edisto Island, South Carolina; thence easterly along a 
line bearing 122 deg. T to the coast.

[CGD 76-212, 43 FR 1056, Jan. 5, 1978, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51729, Oct. 4, 1993]



Sec. 3.35-20  Jacksonville Marine Inspection Zone and Captain of the Port Zone.

    (a) The Jacksonville Marine Inspection Office and the Jacksonville 
Captain of the Port Office are located in Jacksonville, Florida.
    (b) The boundary of the Jacksonville Marine Inspection Zone and 
Captain of the Port Zone starts at the Georgia coast at 30 deg.50' N. 
latitude; thence proceeds west to 30 deg.50' N. latitude, 82 deg.15' W. 
longitude; thence south to the intersection of the Florida-Georgia 
boundary at 82 deg.15' W. longitude; thence westerly along the Florida-
Georgia boundary to 83 deg.00' W. longitude; thence southeasterly to 
28 deg.00' N. latitude, 81 deg.30' W. longitude; thence east to the sea 
at 28 deg.00' N. latitude. The offshore boundary starts at the coast at 
30 deg.50' N. latitude; thence proceeds easterly to the outermost extent 
of the EEZ; thence southerly along the outermost extent of the EEZ to 
28 deg.00' N. latitude; thence westerly along 28 deg.00' N. latitude to 
the coast.

[CGD 76-212, 43 FR 1056, Jan. 5, 1978; 43 FR 18553, May 1, 1978, as 
amended by CGD 77-241, 44 FR 10983, Feb. 26, 1979; CGD 93-020, 58 FR 
51729, Oct. 4, 1993]



Sec. 3.35-25  San Juan Marine Inspection Zone and Captain of the Port Zone.

    (a) The San Juan Marine Inspection Office and the San Juan Captain 
of the Port Office are located in San Juan, Puerto Rico.
    (b) The San Juan Marine Inspection Zone and Captain of the Port Zone 
are comprised of both the Commonwealth of Puerto Rico and the Territory 
of the Virgin Islands and the adjacent waters to the outermost extent of 
the EEZ.

[CGD 76-212, 43 FR 1056, Jan. 5, 1978, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51729, Oct. 4, 1993]



Sec. 3.35-30  Savannah Marine Inspection Zone and Captain of the Port Zone.

    (a) The Savannah Marine Inspection Office and the Savannah Captain 
of the Port Office are located in Savannah, Georgia.
    (b) The boundary of the Savannah Marine Inspection Zone and Captain 
of the Port Zone starts at the southern tip of Bay Point, Edisto Island, 
South Carolina; thence proceeds northerly along the eastern bank of the 
Edisto River to 32 deg.41' N. latitude; thence westerly to the eastern 
bank of the Savannah River at 32 deg.30' N. latitude; thence northerly 
along the eastern bank of the Savannah River to the intersection of the 
South Carolina-Georgia boundary with the Federal dam at the southern end 
of Hartwell Reservoir; thence northerly along the South Carolina-Georgia 
boundary to the intersection

[[Page 39]]

of the North Carolina-South Carolina-Georgia boundaries; thence westerly 
along the Georgia-North Carolina boundary and continuing westerly along 
the Georgia-Tennessee boundary to the intersection of the Georgia-
Tennessee-Alabama boundaries; thence southerly along the Georgia-Alabama 
boundary to 32 deg.53' N. latitude; thence southeasterly to the eastern 
bank of the Flint River at 32 deg.20' N. latitude; thence southerly 
along the eastern bank of the Flint River and continuing southerly along 
the southeastern shore of Jim Woodruff Reservoir to 84 deg.45' W. 
longitude; thence southerly to the intersection of the Florida-Georgia 
boundary; thence easterly along the Florida-Georgia boundary to 
82 deg.15' W. longitude; thence north to 30 deg.50' N. latitude, 
82 deg.15' W. longitude; thence east to the sea at 30 deg.50' N. 
latitude. The offshore boundary starts at a line bearing 122 deg. T from 
the southern tip of Bay Point, Edisto Island, South Carolina to the 
intersection with 30 deg.50' N. latitude; thence proceeds westerly along 
30 deg.50' N. latitude to the coast.

[CGD 76-212, 43 FR 1056, Jan. 5, 1978, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51729, Oct. 4, 1993]



Sec. 3.35-35  Tampa Marine Inspection Zone and Captain of the Port Zone.

    (a) The Tampa Marine Inspection Office and the Tampa Captain of the 
Port Office are locatred in Tampa, Florida.
    (b) The boundary of the Tampa Marine Inspection Zone and Captain of 
the Port Zone starts at the Florida coast at 83 deg.50' W. longitude; 
thence proceeds north to 30 deg.15' N. latitude, 83 deg.50' W. 
longitude; thence west to 30 deg.15' N. latitude, 84 deg.45' W. 
longitude; thence north to the Florida-Georgia boundary at 84 deg.45' W. 
longitude; thence easterly along the Florida-Georgia boundary to 
83 deg.00' W. longitude; thence southeasterly to 28 deg.00' N. latitude, 
81 deg.30' W. longitude; thence south to 26 deg.00' N. latitude, 
81 deg.30' W. longitude; thence southwesterly to the southern tip of 
Cape Romano, Florida; thence southwesterly along a line bearing 227 deg. 
T to the outermost extent of the EEZ; thence westerly along the 
outermost extent of the EEZ to the intersection with a line bearing 
199 deg. T from the intersection of the Florida coast at 83 deg.50' W. 
longitude; thence easterly along a line bearing 199 deg. T to the coast.

[CGD 76-212, 43 FR 1056, Jan. 5, 1978, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51729, Oct. 4, 1993]



                Subpart 3.40--Eighth Coast Guard District



Sec. 3.40-1   Eighth district.

    (a) The District Office is in New Orleans, La.
    (b) The Eighth Coast Guard District is comprised of North Dakota, 
South Dakota, Wyoming, Nebraska, Iowa, Colorado, Kansas, Missouri, 
Kentucky, West Virginia, Tennessee, Arkansas, Oklahoma, New Mexico, 
Texas, Louisiana, Mississippi, and Alabama; that part of Pennsylvania 
south of 41 deg. N. latitude and west of 79 deg. W. longitude; those 
parts of Ohio and Indiana south of 41 deg. N. latitude; Illinois, except 
that part north of 41 deg. N. latitude and east of 90 deg. W. longitude; 
that part of Wisconsin south of 46 deg.20' N. latitude and west of 
90 deg. W. longitude; that part of Minnesota south of 46 deg.20' N. 
latitude; those parts of Florida and Georgia west of a line starting at 
the Florida coast at 83 deg.50' W. longitude; thence northerly to 
30 deg.15' N. latitude, 83 deg.50' W. longitude; thence due west to 
30 deg.15' N. latitude, 84 deg.45' W. longitude; thence due north to the 
southern bank of the Jim Woodruff Reservoir at 84 deg.45' W. longitude; 
thence northeasterly along the eastern bank of the Jim Woodruff 
Reservoir and northerly along the eastern bank of the Flint River to 
Montezuma, GA.; thence northwesterly to West Point, GA.; and the Gulf of 
Mexico area west of a line bearing 199 T. from the intersection of the 
Florida coast at 83 deg.50' W. longitude (the coastal end of the Seventh 
and Eighth Coast Guard District land boundary.) [DATUM NAD83]

[CGFR 67-15, 32 FR 5270, Mar. 29, 1967, as amended by CGD 77-167, 43 FR 
2372, Jan. 16, 1978; CGD 96-025, 61 FR 29959, June 13, 1996]



Sec. 3.40-10   Mobile Marine Inspection Zone and Captain of the Port Zone.

    (a) The Mobile Marine Inspection Office and the Mobile Captain of 
the Port Office are located in Mobile, Alabama.
    (b) The boundary of the Mobile Marine Inspection Zone and Captain of 
the

[[Page 40]]

Port Zone starts at the Florida coast at 83 deg.50' W. longitude; thence 
proceeds north to 30 deg.15' N. latitude, 83 deg.50' W. longitude; 
thence west to 30 deg.15' N. latitude, 84 deg.45' W. longitude; thence 
north to the southern shore of the Jim Woodruff Reservoir at 84 deg.45' 
W. longitude; thence northeasterly along the eastern shore of Jim 
Woodruff Reservoir and northerly along the eastern bank of the Flint 
River to 32 deg.20' N. latitude, 84 deg.02' W. longitude; thence 
northwesterly to the intersection of the Georgia-Alabama boundary at 
32 deg.53' N. latitude; thence northerly along the Georgia-Alabama 
boundary to 34 deg.00' N. latitude; thence west to the Alabama-
Mississippi boundary at 34 deg.00' N. latitude; thence northerly along 
the Alabama-Mississippi boundary to the southern boundary of Tishomingo 
County, Mississippi; thence westerly and southerly along the southern 
boundaries of Tishomingo and Prentiss Counties, Mississippi, including 
that area of the Tennessee-Tombigby Waterway south of the Bay Springs 
Lock and Dam; thence southerly and westerly along the eastern and 
southern boundaries of Lee, Chickasaw, and Calhoun Counties, 
Mississippi; thence southerly along the western boundaries of Webster, 
Choctaw, Winston, Neshoba, Newton, Jasper, Jones, Forrest and Stone 
Counties, Mississippi; thence easterly along the northern boundary of 
Harrison County, Mississippi, to 89 deg.10' W. longitude; thence south 
to the Mississippi coast; thence southeasterly to 29 deg.10' N. 
latitude, 88 deg.00' W. longitude; thence south to the outermost extent 
of the EEZ; thence easterly along the outermost extent of the EEZ to the 
intersection with a line bearing 199 deg. T from the intersection of the 
Florida coast at 83 deg.50' W. longitude; thence northeasterly along a 
line bearing 199 deg. T from the Florida coast at 83 deg.50' W. 
longitude to the coast.

[CGD 74-40, 39 FR 32131, Sept. 5, 1974, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 87-062, 52 FR 35913, Sept. 24, 1987; CGD 93-
020, 58 FR 51729, Oct. 4, 1993]



Sec. 3.40-15   New Orleans Marine Inspection Zone and Captain of the Port Zone.

    (a) The New Orleans Marine Inspection Office and the New Orleans 
Captain of the Port Office are located in New Orleans, Louisiana.
    (b) The boundary of the New Orleans Marine Inspection Zone and 
Captain of the Port Zone starts at 28 deg.50' N. latitude, 88 deg.00' W. 
longitude; thence proceeds north to 29 deg.10' N. latitude, 88 deg.00' 
W. latitude; thence northwesterly to the Mississippi coast at 89 deg.10' 
N. latitude; thence north to the northern Harrison County Boundary; 
thence westerly along the northern Harrison County boundary; thence 
northerly along the western boundaries of Stone, Forrest, Jones, Jasper, 
Newton, Neshoba, Winston, Choctaw, and Webster Counties to the Eighth 
Coast Guard District line; thence west along the Eighth Coast Guard 
District line to the Texas-Louisiana boundary; thence south along the 
Texas-Louisiana boundary to the northern DeSoto Parish boundary; thence 
easterly along the northern and eastern boundaries of DeSoto, Sabine, 
Vernon, and Allen Parishes; thence east along the northern boundaries of 
Acadia, Lafayette, St. Martin, Iberia, Assumption, and Lafourche 
Parishes to 29 deg.18' N. latitude, 90 deg.00' W. longitude; thence 
southeast to 28 deg.50' N. latitude, 89 deg.27'06'' W. longitude; thence 
east to 88 deg.00' W. longitude.

[CGD 74-40, 39 FR 32131, Sept. 5, 1974, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD8 88-02, 53 FR 5572, Feb. 25, 1988; CGD 93-020, 
58 FR 51730, Oct. 4, 1993]



Sec. 3.40-17  Morgan City Marine Inspection Zone and Captain of the Port Zone.

    (a) The Morgan City Marine Inspection Office and Captain of the Port 
Office are in Morgan City, Louisiana.
    (b) The boundary of the Morgan City Marine Inspection Zone and the 
Captain of the Port Zone starts at 28 deg.50' N. latitude, 88 deg.00' W. 
longitude; thence proceeds west to 28 deg.50' N. latitude, 
89 deg.27'06'' W. longitude; thence northwesterly to 29 deg.18' N. 
latitude, 90 deg.00' W. longitude; thence northwesterly along the 
northern boundaries of Lafourche, Assumption, Iberia, and St. Martin 
Parishes; thence northwesterly along the northern boundary of Lafayette 
and Acadia Parishes to 92 deg.23' W. longitude; thence south along 
92 deg.23' W. longitude to the outermost extent of

[[Page 41]]

the EEZ; thence easterly along the outermost extent of the EEZ to 
88 deg.00' W. longitude; thence north to 28 deg.50' N. latitude, 
88 deg.00' W. longitude.

[CGD 87-062, 52 FR 35913, Sept. 24, 1987, as amended by CGD8 88-02, 53 
FR 5572, Feb. 25, 1988; CGD 93-020, 58 FR 51730, Oct. 4, 1993]



Sec. 3.40-20  Port Arthur Marine Inspection Zone and Captain of the Port Zone.

    (a) The Port Arthur Marine Inspection Office and Captain of the Port 
Office are in Port Arthur, Texas.
    (b) The boundary of the Port Arthur Marine Inspection Zone and the 
Captain of the Port Zone starts at the intersection of the sea and 
92 deg.23' W. longitude; thence proceeds north along 92 deg.23' W. 
longitude to the northern boundary of Acadia Parish, thence westerly 
along the northern boundary of Acadia Parish; thence northwesterly along 
the northeastern boundaries of Allen, Vernon, Sabine, and De Soto 
Parishes; thence westerly along the northern boundary of De Soto Parish 
to the Louisiana-Texas boundary; thence northerly along the Louisiana-
Texas boundary to the Texas-Arkansas-Louisiana boundaries; thence 
westerly along the Texas-Arkansas boundary and the Texas-Oklahoma 
boundary to 97 deg.00' W. longitude; thence south along 97 deg.00' W. 
longitude to the southern boundary of Dallas County, Texas; thence 
easterly along the southern boundary of Dallas County, Texas, to the 
east bank of the Trinity River; thence southeasterly along the east bank 
of the Trinity River; thence southeasterly along the east shore of Lake 
Livingston; thence southerly along the east bank of the Trinity River to 
30 deg.00' N. latitude, 93 deg.55' W. longitude; thence east along 
30 deg.00' N. latitude to 94 deg.23' W. longitude; thence south along 
94 deg.23' W. longitude to the sea; thence seaward to 29 deg.24' N. 
latitude, 94 deg.20' W. longitude; thence easterly following a line 10.3 
nautical miles from the coast to 29 deg.30' N. latitude, 93 deg.48' W. 
longitude; thence southeasterly to 27 deg.49' N. latitude, 93 deg.25' W. 
longitude; thence south along 93 deg.25' W. longitude to the outermost 
extent of the EEZ; thence east along the outermost extent of the EEZ to 
92 deg.23' W. longitude; thence north along 92 deg.23' W. longitude to 
the point or origin.

[CGD 74-40, 39 FR 32131, Sept. 5, 1974, as amended by CGD 76-079, 41 FR 
37104, Sept. 2, 1976; CGD 77-241, 44 FR 10983, Feb. 26, 1979; CGD 87-
062, 52 FR 35913, Sept. 24, 1987; CGD 93-020, 58 FR 51730, Oct. 4, 1993]



Sec. 3.40-28  Houston-Galveston Marine Inspection Zone and Captain of the Port Zone.

    (a) The Houston-Galveston Marine Inspection Office and the Captain 
of the Port Office are located in Houston, Texas. The Galveston Marine 
Safety Unit is a subordinate unit of the Marine Safety Office and is 
located in Galveston, Texas.
    (b) The boundary of the Houston-Galveston Marine Inspection Zone and 
Captain of the Port Zone starts at the intersection of the sea and 
94 deg.23' W. longitude; thence proceeds north along 94 deg.23' W. 
longitude to 30 deg.00' N. latitude; thence west along 30 deg.00' N. 
latitude to the east bank of the Trinity River; thence northerly along 
the east bank of the Trinity River; thence northwesterly along the 
eastern shore of Lake Livingston; thence northwesterly along the east 
bank of the Trinity River to the southern boundary of Dallas County, 
Texas; thence westerly along the southern boundary of Dallas County, 
Texas to 97 deg.00' W. longitude; thence north along 97 deg.00' W. 
longitude to the Texas-Oklahoma boundary; thence northwesterly along the 
Texas-Oklahoma boundary; thence north along the New Mexico-Oklahoma 
boundary; thence west along the New Mexico-Colorado boundary; thence 
south along the New Mexico-Arizona boundary; thence easterly along the 
southern boundary of New Mexico to the southeast corner of New Mexico at 
32 deg.00' N. latitude; thence southeasterly to 29 deg.18' N. latitude, 
96 deg.07' W. longitude on the east bank of the Colorado River; thence 
southerly along the east bank of the Colorado River to the sea; thence 
along a line bearing 140 deg.T to the outermost extent of the EEZ; 
thence easterly along the outermost extent of the EEZ to 93 deg.25' W. 
longitude; thence north to 27 deg.49' N. latitude, 93 deg.25' W. 
longitude; thence northwesterly to 29 deg.30' N. latitude, 93 deg.48' W. 
longitude; thence westward following a line 10.3 nautical

[[Page 42]]

miles from the coast to 29 deg.24' N. latitude, 94 deg.20' W. longitude; 
thence northwesterly to the coast at 94 deg.23' W. longitude.

[CGD 95-081, 60 FR 67062, Dec. 28, 1995]



Sec. 3.40-35   Corpus Christi Marine Inspection Zone and Captain of the Port Zone.

    (a) The Corpus Christi Marine Inspection Office and the Corpus 
Christi Captain of the Port Office are located in Corpus Christi, Texas.
    (b) The boundary of the Corpus Christi Marine Inspection Zone and 
Captain of the Port Zone starts at the junction of the sea and the east 
bank of the Colorado River; thence proceeds northerly along the east 
bank of the Colorado River to 29 deg.18' N. latitude, 96 deg.07' W. 
longitude; thence northwesterly to the southeast corner of New Mexico at 
32 deg.00' N. latitude; thence westerly along the Texas-New Mexico 
boundary; thence southeasterly along the Mexican border to the sea. The 
offshore area includes all waters and islands contained therein of the 
EEZ that are south and west of a line bearing 140 deg. T from the 
junction of the sea and the east bank of the Colorado River to the 
outermost extent of the EEZ.

[CGD 74-40, 39 FR 32132, Sept. 5, 1974, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51730, Oct. 4, 1993]



Sec. 3.40-40  St. Louis Marine Inspection Zone and Captain of the Port Zone.

    (a) The St. Louis Marine Inspection Office and the St. Louis Captain 
of the Port Office are located in St. Louis, Missouri.
    (b) The St. Louis Marine Inspection Zone and Captain of the Port 
Zone are comprised of all of Wyoming except for Sweetwater County; 
Colorado; North Dakota; South Dakota; Kansas; Nebraska; in Arkansas, 
Boone, Marion, Baxter, and Fulton Counties; all of Missouri except for 
Scott, Stoddard, Mississippi, New Madrid, Dunklin, and Pemiscot 
Counties, and those parts of Cape Girardeau and Bollinger Counties south 
of a line drawn from the southeast corner of Madison County eastward to 
the point of intersection of the upper Mississippi River (Mile 55.3) and 
Union and Alexander Counties (in Illinois); Iowa; that part of Minnesota 
south of 46 deg.20' N. latitude; that part of Wisconsin south of 
46 deg.20' N. latitude and west of 90 deg. W. longitude; that part of 
Illinois north of Alexander, Pulaski, and Johnson Counties, and west of 
Johnson, Saline, Hamilton, Wayne, Clay, Jasper, Cumberland, Coles, 
Douglas, Champaign, and Ford Counties and south of 41 deg. N. latitude; 
and that part of Illinois west of 90 deg. W. longitude and north of 
41 deg. N. latitude.

[CGD 86-056, 52 FR 2688, Jan. 26, 1987, as amended by CGD 93-020, 58 FR 
51728, Oct. 4, 1993. Redesignated by CGD 96-025, 61 FR 29959, June 13, 
1996]



Sec. 3.40-45  Paducah Marine Inspection Zone and Captain of the Port Zone.

    (a) The Paducah Marine Inspection Office and the Paducah Captain of 
the Port Office are located in Paducah, Kentucky.
    (b) The Paducah Marine Inspection Zone and the Paducah Captain of 
the Port Zone are comprised of: In Missouri: Stoddard, Mississippi and 
Scott Counties, and those parts of Cape Girardeau and Bollinger Counties 
south of a line drawn eastward from the southeast corner of Madison 
County to the point of intersection of the upper Mississippi River (Mile 
55.3) and Union and Alexander Counties, and those parts of Dunklin and 
New Madrid Counties north of a line drawn eastward from the southeast 
corner of Butler County to the westernmost point of intersection of the 
Missouri, Kentucky and Tennessee border at the lower Mississippi River 
(Mile 882.7), and all that part of New Madrid County, and all waters of 
the Mississippi River which border any part of New Madrid County, lying 
east of 89 deg. 30' W. longitude (including the area known as Winchester 
Towhead). In Illinois: Johnson, Pope, Hardin, Alexander, Pulaski, and 
Massac Counties. In Kentucky: Fulton, Hickman, Carlisle, Ballard, 
McCracken, Graves, Calloway, Marshall, Livingston, Lyon, Trigg, 
Crittenden, Caldwell, and Christian Counties, and that part of Union 
County south of a line drawn from the point of intersection of Gallatin 
and Hardin Counties (in Illinois) and the Ohio River to the point of 
intersection of Union, Webster and Henderson Counties; all of Tennessee 
except for Dyer,

[[Page 43]]

Crockett, Lauderdale, Tipton, Haywood, Shelby, Fayette, Hardeman and 
Lake Counties; that part of Alabama north of 34 deg. N. latitude, and in 
Mississippi: Alcorn, Prentiss, and Tishomingo Counties except for that 
portion of the Tennessee-Tombigbee Waterway south of the Bay Springs 
Lock and Dam.

[CGD 86-056, 52 FR 2688, Jan. 26, 1987. Redesignated by CGD 96-025, 61 
FR 29959, June 13, 1996]



Sec. 3.40-50  Huntington Marine Inspection Zone and Captain of the Port Zone.

    (a) The Huntington Marine Inspection Office and the Huntington 
Captain of the Port Office are located in Huntington, West Virginia.
    (b) The Huntington Marine Inspection Zone and the Huntington Captain 
of the Port Zone are comprised of: All of West Virginia except for 
Preston, Monongalia, Marion, Marshall, Ohio, Brooke, and Hancock 
Counties; in Ohio: Wayne, Holmes, Knox, Cushocton, Licking, Muskingum, 
Guernsey, Noble, Fairfield, Perry, Morgan, Pickaway, Ross, Hocking, 
Vinton, Athens, Washington, Pike, Jackson, Gallia, Meigs, Scioto, and 
Lawrence Counties, those parts of Ashland and Medina Counties south of 
41 deg. N. latitude, and that part of Monroe County south and west of a 
line drawn from the point of intersection of Marshall and Wetzel 
Counties and the Ohio River to the point of intersection of Belmont, 
Noble, and Monroe Counties; and in Kentucky: Letcher, Perry, Owsley, 
Breathitt, Knott, Pike, Floyd, Magoffin, Wolfe, Menifee, Morgan, 
Johnson, Martin, Lawrence, Elliott, Boyd, Carter, and Greenup Counties, 
and that part of Lewis County north and east of a line drawn from the 
point of intersection of Scioto and Adams Counties and the Ohio River to 
the point of intersection of Carter, Greenup, and Lewis Counties.

[CGD 79-011, 44 FR 33400, June 11, 1979. Redesignated by CGD 96-025, 61 
FR 29959, June 13, 1996]



Sec. 3.40-55  Louisville Marine Inspection Zone and Captain of the Port Zone.

    (a) The Louisville Marine Inspection Office and the Louisville 
Captain of the Port Office are located in Louisville, Kentucky.
    (b) The Louisville Marine Inspection Zone and the Louisville Captain 
of the Port Zone are comprised of: that part of Indiana south of 41 deg. 
N. latitude; that part of Ohio south of 41 deg. N. latitude and west of 
Ashland, Knox, Licking, Fairfield, Pickaway, Ross, Pike, and Scioto 
Counties; that part of Illinois north of Pope and Hardin Counties, east 
of Williamson, Franklin, Jefferson, Marion, Fayette, Effingham, Shelby, 
Moultrie, Piatt, McLean, and Livingston Counties, and south of 41 deg. 
N. latitude; and in Kentucky: Todd, Logan, Simpson, Allen, Warren, 
Barren, Metcalfe, Muhlenberg, Butler, Edmonson, Hart, Green, Taylor, 
Adair, Casey, Lincoln, Webster, Hopkins, McLean, Ohio, Grayson, 
Henderson, Daviess, Hancock, Breckinridge, Meade, Hardin, Larue, Nelson, 
Washington, Marion, Anderson, Mercer, Boyle, Woodford, Jessamine, 
Garrard, Fayette, Clark, Madison, Estill, Powell, Lee, Bullitt, Spencer, 
Jefferson, Shelby, Franklin, Scott, Oldham, Henry, Owen, Trimble, 
Carroll, Montgomery, Bath, Rowan, Bourbon, Nicholas, Fleming, Harrison, 
Robertson, Mason, Grant, Pendleton, Bracken, Gallatin, Boone, Kenton, 
Campbell, Monroe, Cumberland, Russell, Clinton, Wayne, Pulaski, 
McCreary, Rock Castle, Whitley, Jackson, Laurel, Knox, Clay, Bell, 
Leslie and Harlan Counties, that part of Lewis County south and west of 
a line drawn from the point of intersection of Scioto and Adams Counties 
(in Ohio) and the Ohio River to the point of intersection of Carter, 
Greenup, and Lewis Counties (in Kentucky), and that part of Union County 
north of a line drawn from the point of intersection of Gallatin and 
Hardin Counties (in Illinois) and the Ohio River to the point of 
intersection of Union, Webster, and Henderson Counties (in Kentucky).

[CGD 86-056, 52 FR 2688, Jan. 26, 1987. Redesignated by CGD 96-025, 61 
FR 29959, June 13, 1996]



Sec. 3.40-60  Memphis Marine Inspection Zone and Captain of the Port Zone.

    (a) The Memphis Marine Inspection Office and the Memphis Captain of 
the

[[Page 44]]

Port Office are located in Memphis, Tennessee.
    (b) The Memphis Marine Inspection Zone and the Memphis Captain of 
the Port Zone are comprised of: Oklahoma; all of Arkansas except for 
Boone, Marion, Baxter, and Fulton Counties; in Tennessee: Shelby, 
Fayette, Hardeman, Tipton, Haywood, Lauderdale, Crockett, and Dyer 
Counties, and all of Lake County, with the exception of the portion of 
the Mississippi River which borders that part of New Madrid County, 
Missouri, lying east of 89 deg. 30' W. longitude (including the area 
known as Winchester Towhead); in Missouri: Pemiscot County, and those 
portions of Dunklin and New Madrid Counties south of a line drawn 
eastward from the southeast corner of Butler County to the westernmost 
point of intersection of the Missouri, Kentucky, and Tennessee borders 
at the lower Mississippi River (Mile 882.7). In Mississippi: DeSoto, 
Marshall, Benton, Tippah, Tunica, Tate, Coahoma, Quitman, Panola, 
Lafayette, Union, Pontotoc, Lee, Bolivar, Washington, Sunflower, 
Tallahatchie, Leflore, Yalobusha, Grenada, Calhoun and Chickasaw 
Counties.

[CGD 86-056, 52 FR 2689, Jan. 26, 1987. Redesignated by CGD 96-025, 61 
FR 29959, June 13, 1996]



Sec. 3.40-65  Pittsburgh Marine Inspection Zone and Captain of the Port Zone.

    (a) The Pittsburgh Marine Inspection Office and the Pittsburgh 
Captain of the Port Office are located in Pittsburgh, Pennsylvania.
    (b) The Pittsburgh Marine Inspection Zone and the Pittsburgh Captain 
of the Port Zone are comprised of: that part of Pennsylvania south of 
41 deg. N. latitude and west of 79 deg. W. longitude; in West Virginia: 
Preston, Monongalia, Marion, Marshall, Ohio, Brooke, and Hancock 
Counties; and in Ohio: Stark, Columbiana, Tuscarawas, Carroll, Harrison, 
Jefferson, and Belmont Counties, those parts of Summit, Portage, and 
Mahoning Counties south of 41 deg. N. latitude, and that part of Monroe 
County north and east of a line drawn from the point of intersection of 
Marshall and Wetzel Counties and the Ohio River to the point of 
intersection of Belmont, Nobile, and Monroe Counties.

[CGD 79-011, 44 FR 33400, June 11, 1979. Redesignated by CGD 96-025, 61 
FR 29959, June 13, 1996]



                Subpart 3.45--Ninth Coast Guard District

    Source: CGD 79-011, 44 FR 33401, June 11, 1979, unless otherwise 
noted.



Sec. 3.45-1   Ninth district.

    (a) The District Office is in Cleveland Ohio.
    (b) The Ninth Coast Guard District comprise Michigan, New York north 
of latitude 42 deg. N. and west of longitude 74 deg.39' W.; Pennsylvania 
north of latitude 41 deg. and west of longitude 78 deg.55' W.; that part 
of Ohio and Indiana north of latitude 41 deg. N.; that part of Illinois 
north of latitude 41 deg. N. and east of longitude 90 deg. W.; 
Wisconsin, except that part south of latitude 46 deg.20' N. and west of 
longitude 90 deg. W.; and that part of Minnesota north of latitude 
46 deg.20' N.

[CGFR 61-40, 26 FR 10350, Nov. 3, 1961, as amended by CGFR 71-85, 36 FR 
16577, Aug. 24, 1971]



Sec. 3.45-5  Cleveland Marine Inspection Zone and Captain of the Port Zone.

    (a) The Cleveland Marine Inspection Office and the Cleveland Captain 
of the Port Office are located in Cleveland, Ohio.
    (b) The Cleveland Marine Inspection Zone and Captain of the Port 
Zone include all navigable waters of the United States and contiguous 
land areas within the following boundaries: From the international 
boundary in Lake Erie at longitude 82 deg.25' W.; thence due south to 
latitude 41 deg. N.; thence due east to longitude 80 deg.31'12'' W. 
(Ohio/Pennsylvania State boundary); thence due north to the 
international boundary; thence southwesterly along the international 
boundary to the starting point.
    (c) Notwithstanding paragraph (b) of this section and Sec. 3.10-
50(b), factory inspections at the towns of Alliance and Sebring, Ohio, 
are conducted by marine inspectors from the Cleveland Marine

[[Page 45]]

Inspection Office rather than from the Pittsburgh Marine Inspection 
Office.

[CGD 82-019, 47 FR 13797, Apr. 1, 1982]



Sec. 3.45-10  Buffalo Marine Inspection Zone and Captain of the Port Zone.

    (a) The Buffalo Marine Inspection Office and the Buffalo Captain of 
the Port Office are located in Buffalo, New York.
    (b) The Buffalo Marine Inspection Zone and Captain of the Port Zone 
include all navigable waters of the United States and contiguous land 
areas within the following boundaries: From the international boundary 
in Lake Erie at longitude 80 deg.31'12'' W. (Ohio/Pennsylvania State 
boundary); thence due south to latitude 41 deg.N.; thence due east to 
longitude 78 deg.55' W.; thence due north to latitude 42 deg. N.; thence 
due east to longitude 74 deg.39' W.; thence due north to the 
international boundary; thence southeasterly along the international 
boundary to the starting point.

[CGD 82-019, 47 FR 13798, Apr. 1, 1982]



Sec. 3.45-15   Chicago Marine Inspection Zone and Captain of the Port Zone.

    (a) The Chicago Marine Inspection Office and the Chicago Captain of 
the Port Office are located in Chicago, Illinois.
    (b) The Chicago Marine Inspection Zone and the Chicago Captain of 
the Port Zone include those parts of Michigan, Indiana, Ohio, and 
Illinois within the following boundaries: From the Illinois-Wisconsin 
boundary at longitude 90 deg. W.; thence due east to longitude 87 deg. 
W.; thence due north to latitude 44 deg.15' N., thence northeasterly to 
latitude 44 deg.43' N., longitude 86 deg.40' W.; thence due east to 
longitude 84 deg.30' W.; thence due south to latitude 41 deg. N.; thence 
due west to longitude 90 deg. W.; thence due north to the starting 
point.

[CGD 94-107, 60 FR 17223, Apr. 5, 1995]



Sec. 3.45-20  Detroit Marine Inspection Zone and Captain of the Port Zone.

    (a) The Detroit Marine Inspection Office and the Detroit Captain of 
the Port Office are located in Detroit, Michigan.
    (b) The Detroit Marine Inspection Zone and Captain of the Port Zone 
include all navigable waters of the United States and contiguous land 
areas within the following boundaries: From latitdue 42 deg. N., 
longitude 84 deg.30'W.; thence due east to the international boundary; 
thence northerly along the international boundaries to latitude 
44 deg.43' N.; thence due west to longitude 84 deg.30' W.; thence due 
south to the starting point.



Sec. 3.45-25  Duluth Marine Inspection Zone and Captain of Port Zone.

    (a) The Duluth Marine Inspection Office and the Duluth Captain of 
the Port Office are located in Duluth, Minnesota.
    (b) The boundary of the Duluth Marine Inspection Zone and Captain of 
the Port Zone starts at the intersection of the Minnesota-North Dakota 
boundary and the international boundary; thence southerly along the 
Minnesota-North Dakota boundary to latitude 46 deg.20' N.; thence due 
east to longitude 88 deg.30' W.; thence northeasterly to the shore of 
Lake Superior at longitude 87 deg.45' W.; thence northerly to Manitou 
Island Light, located at latitude 47 deg.25' N., longitude 87 deg.35' 
W.;thence due north to the international boundary at longitude 
87 deg.35' W.; thence westerly along the international boundary to the 
starting point.



Sec. 3.45-30  Milwaukee Marine Inspection Zone and Captain of the Port Zone.

    (a) The Milwaukee Marine Inspection Office and the Milwaukee Captain 
of the Port Office are located in Milwaukee, Wisconsin.
    (b) The boundary of the Milwaukee Marine Inspection Zone and the 
Milwaukee Captain of the Port Zone starts at the Illinois-Wisconsin 
boundary at longitude 90 deg. W.; thence due east to longitude 87 deg. 
W.; thence due north to latitude 44 deg.15' N.; thence northeasterly to 
latitude 44 deg.43' N., longitude 86 deg.40' W.; thence due north to 
latitude 45 deg.27' N.; thence due west to longitude 88 deg.30' W.; 
thence due north to latitude 46 deg.20' N.; thence due west to longitude 
90 deg. W.; thence due south to the starting point.

[CGD 82-019, 47 FR 13798, Apr. 1, 1982, as amended by CGD 94-107, 60 FR 
17224, Apr. 5, 1995]

[[Page 46]]



Sec. 3.45-45   Sault Ste. Marie Marine Inspection Zone and Captain of the Port Zone.

    (a) The Sault Ste. Marie Marine Inspection Office and the Sault Ste. 
Marie Captain of the Port Office are located in Sault Ste. Marie, 
Michigan.
    (b) The boundary of the Sault Ste. Marie Marine Inspection Zone and 
the Sault Ste. Marie Captain of the Port Zone starts at the 
international boundary at latitude 44 deg.43' N.; thence due west to 
longitude 86 deg.40' W.; thence due north to latitude 45 deg.27' N.; 
thence due west to longitude 88 deg.30' W.; thence due north to latitude 
46 deg.20' N.; thence northeasterly to the shore of Lake Superior at 
longitude 87 deg.45' W.; thence northerly to Manitou Island Light, 
located at latitude 47 deg.25' N., longitude 87 deg.35' W.; thence due 
north to the international boundary at longitude 87 deg.35' W.; thence 
southeasterly along the international boundary to the starting point.

[CGD 94-107, 60 FR 17224, Apr. 5, 1995]



Sec. 3.45-50  Toledo Marine Inspection Zone and Captain of the Port Zone.

    (a) The Toledo Marine Inspection Office and the Toledo Captain of 
the Port Office are located in Toledo, Ohio.
    (b) The Toledo Marine Inspection Zone and Captain of the Port Zone 
include all navigable waters of the United states and contiguous land 
areas within the following boundaries: From latitude 42 deg. N.; 
longitude 84 deg.30' W.; thence due south to latitude 41 deg. N.; thence 
due east to longitude 82 deg.25' W.; thence due north to the 
international boundary in Lake Erie; thence northwesterly along the 
international boundary to latitude 42 deg. N.; thence due west to the 
starting point.



               Subpart 3.55--Eleventh Coast Guard District



Sec. 3.55-1   Eleventh district.

    (a) The District Office is in Alameda, California.
    (b) The Eleventh Coast Guard District is comprised of: Arizona; 
Utah; Nevada; California; and the ocean area bounded by a line from the 
California-Oregon state line westerly to 40 deg. N. latitude, 150 deg. 
W. longitude; thence southeasterly to 5 deg. S. latitude, 110 deg. W. 
longitude; thence northeasterly to the border between Guatemala and 
Mexico on the Pacific Coast (14 deg.38' N. latitude, 92 deg.19' W. 
longitude).

[CGFR 61-40, 26 FR 10351, Nov. 3, 1961, as amended by CGD 87-008, 52 FR 
13084, Apr. 21, 1987; CGD 96-025, 61 FR 29959, June 13, 1996]



Sec. 3.55-10   Los Angeles-Long Beach Marine Inspection Zone and Captain of the Port Zone.

    (a) The Los Angeles-Long Beach Marine Inspection Office and the Los 
Angeles-Long Beach Captain of the Port Office are located in Long Beach, 
California.
    (b) The Los Angeles-Long Beach Marine Inspection Zone and Captain of 
the Port Zone comprise the land masses and waters of California south of 
Monterey, Kings, Tulare, and Inyo Counties except San Diego and Imperial 
Counties. The offshore boundary starts at a line bearing 240 deg. T from 
the intersection of the Monterey-San Luis Obispo County line 
(approximately 35 deg.47.5' N. latitude) and the California coast to the 
outermost extent of the EEZ; thence proceeds southerly along the 
outermost extent of the EEZ to a line bearing 255 deg. T from the 
intersection of the Orange-San Diego County lines (approximately 
33 deg.22.5' N. latitude) and the California coast; thence easterly 
along this line to the coast.

[CGD 74-241, 39 FR 44979, Dec. 30, 1974, as amended by CGD 77-234, 43 FR 
18553, May 1, 1978; CGD 77-241, 44 FR 10983, Feb. 26, 1979; CGD 82-038, 
47 FR 27264, June 24, 1982; CGD 93-020, 58 FR 51731, Oct. 4, 1993]



Sec. 3.55-15   San Diego Marine Inspection Zone and Captain of the Port Zone.

    (a) The San Diego Marine Inspection Office and San Diego Captain of 
the Port Office are located in San Diego, California.
    (b) The San Diego Marine Inspection Zone and Captain of the Port 
Zone comprise the land masses and waters of Arizona; in Utah, 
Washington, Kane, San Juan, and Garfield Counties; in Nevada, Clark 
County; and in California, San Diego and Imperial Counties. The offshore 
boundary, which includes all ocean waters and islands contained therein, 
starts at the intersection of

[[Page 47]]

the Orange-San Diego County lines (approximately 33 deg.22.5' N. 
latitude) and the California coast and proceeds seaward on a line 
bearing 255 T deg. to the outermost extent of the EEZ; thence proceeds 
southerly along the outermost extent of the EEZ to the intersection of 
the maritime boundary with Mexico; thence easterly, along the maritime 
boundary with Mexico to its intersection with the California coast.


[CGD 74-241, 39 FR 44980, Dec. 30, 1974, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 82-038, 47 FR 27264, June 24, 1982; CGD 93-
020, 58 FR 59364, Nov. 9, 1993]



Sec. 3.55-20  San Francisco Bay Marine Inspection Zone and Captain of the Port Zone.

    (a) The San Francisco Bay Marine Inspection Zone and Captain of the 
Port Office are located in Alameda, California.
    (b) The San Francisco Bay Marine Inspection Zone and Captain of the 
Port Zone comprise the land masses and waters of Wyoming within the 
boundaries of Sweetwater County; Utah, except for Washington, Kane, San 
Juan, and Garfield Counties; Nevada, except for Clark County; and 
California, north of San Luis Obispo, Kern, and San Bernardino Counties. 
It also includes all ocean waters and islands contained therein of the 
EEZ bounded on the north by the northern boundary of the Eleventh Coast 
Guard District which is described in Sec. 3.55-1; and on the south by a 
line bearing 240 deg. T from the intersection of the Monterey-San Luis 
Obispo County lines (approximately 35 deg.47.5' N. latitude) and the 
California coast to the outermost extent of the EEZ; and on the west by 
the outermost extent of the EEZ.

[CGD 93-020, 58 FR 51731, Oct. 4, 1993]



              Subpart 3.65--Thirteenth Coast Guard District



Sec. 3.65-1   Thirteenth district.

    (a) The District Office is in Seattle, Wash.
    (b) The Thirteenth Coast Guard District shall comprise Washington, 
Oregon, Idaho, and Montana; and the ocean area bounded by a line from 
California-Oregon state line westerly to latitude 40 deg. N. longitude, 
150 deg. W., thence northeasterly to latitude 54 deg.40' N., longitude 
140 deg. W., thence due east to the Canadian coast.

[CGFR 61-40, 26 FR 10352, Nov. 3, 1961]



Sec. 3.65-10  Puget Sound Marine Inspection Zone and Captain of the Port Zone.

    (a) The Puget Sound Marine Inspection Office and the Puget Sound 
Captain of the Port Office are located in Seattle, Washington.
    (b) The boundary of the Puget Sound Marine Inspection Zone and 
Captain of the Port Zone starts at 48 deg.29'35'' N. latitude, 
124 deg.43'45'' W. longitude and proceeds along the Canadian border 
eastward to the Montana-North Dakota boundary; thence southerly along 
this boundary to the Wyoming State line; thence westerly and southerly 
along the Montana-Wyoming boundary to the Idaho State line; thence 
northwesterly along the Montana-Idaho boundary to 46 deg.55' N. 
latitude; thence westerly along 46 deg.55' N. latitude to 123 deg.18' W. 
longitude; thence northerly to a point 47 deg.32' N. latitude, 
123 deg.18' W. longitude; thence westerly along 47 deg.32' N. latitude 
to the outermost extent of the EEZ; thence northeasterly along the 
outermost extent of the EEZ to the Canadian border; thence easterly 
along the Canadian border to the point of origin.

[CGD 84-056, 49 FR 33874, Aug. 27, 1984, as amended by CGD 93-020, 58 FR 
51731, Oct. 4, 1993]



Sec. 3.65-15   Portland, Oregon, Marine Inspection Zone and Captain of the Port Zone.

    (a) The Portland Marine Inspection Office and the Portland Captain 
of the Port Office are located in Portland, Oregon.
    (b) The boundary of the Portland, Oregon, Marine Inspecton Zone and 
Captain of the Port Zone starts at the Washington coast at 47 deg.32' N. 
latitude and proceeds along this latitude easterly to a point 47 deg.32' 
N. latitude, 123 deg.18' W. longitude; thence southerly to 46 deg.55' N. 
latitude; thence easterly along this latitude to the eastern Idaho State 
line; thence southeasterly along the Idaho State line to the 
intersection of the Idaho-Wyoming boundary; thence southerly along the 
Idaho-Wyoming

[[Page 48]]

boundary to the intersection of the Idaho-Utah-Wyoming boundaries; 
thence westerly along the 42 deg.00' N. latitude to the sea. The 
offshore boundary is bounded on the south by the southern boundary of 
the Thirteenth Coast Guard District which is described in Sec. 3.65-10, 
to the outermost extent of the EEZ; thence northerly along the outermost 
extent of the EEZ to 47 deg.32' N. latitude; thence easterly along 
47 deg.32' N. latitude to the coast.

[CGD 74-78, 39 FR 17312, May 15, 1974, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51731, Oct. 4, 1993; 59 FR 948, 
Jan. 7, 1994]



              Subpart 3.70--Fourteenth Coast Guard District



Sec. 3.70-1   Fourteenth district.

    (a) The District Office is in Honolulu, Hawaii.
    (b) The Fourteenth Coast Guard District shall comprise the State of 
Hawaii; and the Pacific Islands belonging to the United States south of 
latitude 40 deg. N., and west of a line running from 40 deg. N., 
150 deg. W. through latitude 5 deg. S., 110 deg. W.; the ocean area west 
and south of a line running from position 51 deg. N., 158 deg. E. to 
position 43 deg. N., 165 deg. E.; thence due south to latitude 40 deg. 
N.; thence due east to longitude 150 deg. W.; thence southeasterly 
through latitude 5 deg. S., longitude 110 deg. W.

[CGFR 61-40, 26 FR 10352, Nov. 3, 1961, as amended by CGFR 70-150, 36 FR 
912, Jan. 20, 1971]



Sec. 3.70-10  Honolulu Marine Inspection Zone and Captain of the Port Zone.

    (a) The Honolulu Marine Inspection Office and Captain of the Port 
Office are in Honolulu, Hawaii.
    (b) The boundaries of the Honolulu Marine Inspection Zone coincide 
with the boundaries of the Fourteenth Coast Guard District, excluding 
portions surrounding the territory of Guam, the Commonwealth of the 
Northern Mariana Islands, and the Trust Territory of the Pacific Islands 
covered in Sec. 3.70-15(b).
    (c) The Honolulu Captain of the Port Zone comprises:
    (1) The State of Hawaii, including all the islands and atolls of the 
Hawaiian Chain and the adjacent waters of the EEZ.
    (2) American Samoa and the adjacent waters of the EEZ.
    (3) Johnston Atoll and the adjacent waters of the EEZ.
    (4) Palmyra Atoll and Kingman Reef and the adjacent waters of the 
EEZ.
    (5) Wake Island and the adjacent waters of the EEZ.
    (6) Jarvis Island and the adjacent waters of the EEZ.
    (7) Howland and Baker Islands and the adjacent waters of the EEZ.
    (8) Midway Island and the adjacent waters of the EEZ.
    (d) In American Samoa, required notifications to the Officer in 
Charge, Marine Inspection and the Captain of the Port, Honolulu, may be 
made to: Supervisor, United States Coast Guard, Marine Safety 
Detachment, P.O. Box 249, Pago Pago, American Samoa 96799-0249.

[CGD 82-019, 47 FR 13798, Apr. 1, 1982, as amended by CDG 88-037, 53 FR 
21814, June 10, 1988; CGD 89-039, 54 FR 19166, May 4, 1989; CGD 93-020, 
58 FR 51731, Oct. 4, 1993; 59 FR 948, Jan. 7, 1994]



Sec. 3.70-15  Guam Marine Inspection Zone and Captain of the Port Zone.

    (a) The Guam Marine Inspection Office and Captain of the Port Office 
are located in Piti, Guam.
    (b) The Guam Marine Inspection Zone and Captain of the Port Zone 
comprise:
    (1) The Territory of Guam and the adjacent waters of the EEZ.
    (2) The Commonwealth of the Northern Mariana Islands and the 
adjacent waters of the EEZ.
    (c) In Commonwealth of the Northern Mariana Islands, required 
notifications to the Officer in Charge, Marine Inspection and the 
Captain of the Port, Guam, may be made to: Supervisor, United States 
Coast Guard, Marine Safety Detachment, Emergency Operations Center, 
Capitol Hill, Saipan, Commonwealth of the Northern Mariana Islands 
96950-5000.

[CGD 93-020, 58 FR 51731, Oct. 4, 1993, as amended by CGD 97-023, 62 FR 
33361, June 19, 1997]

[[Page 49]]



             Subpart 3.85--Seventeenth Coast Guard District



Sec. 3.85-1   Seventeenth district.

    (a) The District Office is in Juneau, Alaska.
    (b) The Seventeenth Coast Guard District shall comprise the State of 
Alaska; the ocean area bounded by a line from the Canadian Coast at 
latitude 54 deg.40' N. due west to longitude 140 deg. W.; thence 
southwesterly to position 40 deg. N., 150 deg. W.; thence due west to 
position 40 deg. N., 165 deg. E.; thence due north to latitude 43 deg. 
N.; thence northwesterly to 51 deg. N., 158 deg. E.; thence north and 
east along the coastline of the continent of Asia to East Cape; thence 
north to the Arctic Ocean.

[CGFR 61-40, 26 FR 10353, Nov. 3, 1961, as amended by CGFR 70-150, 36 FR 
912, Jan. 20, 1971]



Sec. 3.85-10   Southeast Alaska Marine Inspection Zone and Captain of the Port Zone.

    (a) The Southeast Alaska Marine Inspection Office and the Southeast 
Alaska Captain of the Port Office are located in Juneau, Alaska.
    (b) The Southeast Alaska Marine Inspection Zone and Captain of the 
Port Zone comprise the area within the boundary which starts at 
60 deg.01.3' N. latitude, 142 deg.00' W. longitude; thence proceeds 
northeasterly to the Canadian border at 60 deg.18.7' N. latitude, 
141 deg.00' W. longitude; thence southerly and easterly along the United 
States-Canadian shoreside boundary to 54 deg.40' N. latitude; thence 
westerly along the United States-Canadian maritime boundary to the 
outermost extent of the EEZ; thence northerly along the outer boundary 
of the EEZ to 142 deg.00' W longitude; thence due north to the point of 
origin.

[CGD 75-095, 40 FR 28451, July 7, 1975, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 93-020, 58 FR 51732, Oct. 4, 1993]



Sec. 3.85-15   Western Alaska Marine Inspection Zone and Captain of the Port Zone.

    (a) The Western Alaska Marine Inspection Office and the Western 
Alaska Captain of the Port Office are located in Anchorage, Alaska.
    (b) The Western Alaska Marine Inspection Zone and Captain of the 
Port Zone comprise that portion of the State of Alaska and the adjacent 
waters to the outermost extent of the EEZ, except for those sections of 
Alaska covered in Secs. 3.85-10(b) and 3.85-20(b).

[CGD 77-023, 42 FR 36252, July 14, 1977; 42 FR 38354, July 28, 1977, as 
amended by CGD 77-241, 44 FR 10983, Feb. 26, 1979; CGD 90-063, 55 FR 
52047, Dec. 19, 1990; CGD 93-020, 58 FR 51732, Oct. 4, 1993]



Sec. 3.85-20  Prince William Sound Marine Inspection Zone and Captain of the Port Zone.

    (a) The Prince William Sound Marine Inspection Office and the Prince 
William Sound Captain of the Port Office are located in Valdez, Alaska.
    (b) The Prince William Sound Marine Inspection Zone and Captain of 
the Port Zone comprise the area within the boundary which starts at Cape 
Puget at 148 deg.26' W. longitude, 59 deg.56.06' N. latitude, and 
proceeds northerly to 61 deg.30' N. latitude; thence easterly to the 
United States-Canadian boundary; thence southerly along the United 
States-Canadian boundary to 60 deg.18.7' N. latitude; thence 
southwesterly to the sea at 60 deg.01.3' N. latitude, 142 deg.00' W. 
longitude; thence southerly along 142 deg.00' W. longitude to the 
outermost boundary of the EEZ; thence along the outermost boundary of 
the EEZ to 148 deg.26'N. longitude; thence northerly along 148 deg.26' 
W. longitude to the place of origin at Cape Puget at 59 deg.56.06' N. 
latitude.


[CGD 77-023, 42 FR 36252, July 14, 1977, as amended by CGD 77-241, 44 FR 
10983, Feb. 26, 1979; CGD 79-133, 44 FR 70720, Dec. 10, 1979; CGD 90-
063, 55 FR 52047, Dec. 19, 1990; 56 FR 2134, Jan. 22, 1991; CGD 93-020, 
58 FR 51732, Oct. 4, 1993]



PART 4--OMB CONTROL NUMBERS ASSIGNED PURSUANT TO THE PAPERWORK REDUCTION ACT--Table of Contents




Sec.
4.01  Purpose.
4.02  Display.

    Authority: 44 U.S.C. 3507; 49 CFR 1.45(a).

[[Page 50]]



Sec. 4.01  Purpose.

    This part collects and displays the control numbers assigned to 
information collection requirements of the Coast Guard by the Office of 
Management and Budget pursuant to the Paperwork Reduction Act of 1980, 
(Pub. L. 96-511, 44 U.S.C. 3501 et seq.). The Coast Guard intends that 
this subpart comply with the requirements of section 3507(f) of the 
Paperwork Reduction Act, which requires that agencies display a current 
control number assigned by the Director of the Office of Management and 
Budget (``OMB'') for each agency information collection requirement.

[CGD 84-050, 49 FR 26584, June 28, 1984]



Sec. 4.02  Display.

------------------------------------------------------------------------
 33 CFR part or section where identified                                
              and described                   Current OMB control No.   
------------------------------------------------------------------------
Part 45.................................  2115-0036                     
Part 66.................................  2115-0002                     
Part 66.................................  2115-0002                     
Part 67.................................  2115-0038                     
Part 89.................................  2115-0074                     
Part 100................................  2115-0017                     
Part 115................................  2115-0050                     
Part 116................................  2115-0614                     
Part 125................................  2115-0039                     
Section 126.15(c).......................  2115-0054                     
Section 126.15(o)(1)....................  2115-0105                     
Section 126.15(o)(7)(vii)...............  2115-0507                     
Section 126.17..........................  2115-0013                     
Part 127................................  2115-0552                     
Part 130................................  2115-0545                     
Section 135.215.........................  2115-0041                     
Part 138................................  2115-0545                     
Section 140.15..........................  2115-0553                     
Part 141................................  2115-0143                     
Part 146................................  2115-0003                     
Section 146.130.........................  2115-0542                     
Section 146.140.........................  2115-0580                     
Section 146.210.........................  2115-0580                     
Part 151................................  2115-0025; 0526 and 0544      
Section 151.43..........................  2115-0543 and 0544            
Section 153.3...........................  2115-0089                     
Section 153.8...........................  2115-0089                     
Section 153.10..........................  2115-0089                     
Section 153.12..........................  2115-0089                     
Section 153.203.........................  2115-0137                     
Section 153.483.........................  2115-0089                     
Section 153.490.........................  2115-0089                     
Section 153.491.........................  2115-0089                     
Section 153.900.........................  2115-0089                     
Section 153.901.........................  2115-0089                     
Section 153.909.........................  2115-0089                     
Section 153.1119........................  2115-0089                     
Section 153.1120........................  2115-0089                     
Section 153.1132........................  2115-0089                     
Section 153.1114........................  2115-0089                     
Section 153.1116........................  2115-0089                     
Section 153.1130........................  2115-0089                     
Section 154.107.........................  2115-0097                     
Section 154.110.........................  2115-0077                     
Section 154.300.........................  2115-0083 and 0078            
Section 154.300 through 154.325.........  2115-0078                     
Section 154.740.........................  2115-0096, 0506               
Section 154.804.........................  2115-0581                     
Section 154.806.........................  2115-0581                     
Section 155.107.........................  2115-0097                     
Section 155.740.........................  2115-0120                     
Section 155.750.........................  2115-0120                     
Section 155.820(a)-(c)..................  2115-0096                     
Section 155.820(d)......................  2115-0506                     
Section 156.107.........................  2115-0097                     
Section 156.120.........................  2115-0506                     
Section 156.150.........................  2115-0506                     
Section 156.170.........................  2115-0096                     
Part 156, Subpart B.....................  2115-0539                     
Part 157................................  2115-0518; 0503 and 0520      
Section 157.23..........................  2115-0520                     
Section 157.37..........................  2115-0520                     
Section 157.49..........................  2115-0520                     
Part 158................................  2115-0543                     
Section 158.140.........................  2115-0543 and 0544            
Section 158.150.........................  2115-0543 and 0544            
Section 158.165.........................  2115-0543 and 0544            
Section 158.190.........................  2115-0543 and 0544            
Part 160................................  2115-0540                     
Part 161................................  2115-0540                     
Part 164................................  2115-0540                     
Part 165................................  2115-0540                     
Section 165.803(i)......................  2115-0092                     
Section 173.23..........................  2115-0009                     
Section 173.25..........................  2115-0009                     
Section 173.27..........................  2115-0009                     
Section 173.55..........................  2115-0010                     
Section 173.71..........................  2115-0009                     
Section 179.13..........................  2115-0035                     
Section 179.15..........................  2115-0035                     
Section 181.21 through 181.31...........  2115-0055                     
------------------------------------------------------------------------

[CGD 84-050, 49 FR 26584, June 28, 1984]

    Editorial Note: For Federal Register citations affecting Sec. 4.02, 
see the List of CFR Sections Affected in the Finding Aids section of 
this volume.



PART 5--COAST GUARD AUXILIARY--Table of Contents




Sec.
5.01  Definitions.

[[Page 51]]

5.03  Purpose.
5.05  Organization.
5.07  Administration.
5.09  Eligibility for membership.
5.11  Membership in military organizations.
5.13  Application for membership.
5.15  Admission to membership.
5.17  Disenrollment.
5.19  Training.
5.21  Ranks, titles, designations, or grades.
5.23  Advancement.
5.25  Honorary members.
5.27  Assignment to specific duties.
5.29  Assignment to duty on a motorboat, yacht, aircraft, or radio 
          station.
5.31  Power and authority.
5.33  Training, examination, and assignment.
5.35  Use of facilities.
5.37  Offer of facilities.
5.39  Acceptance of facilities.
5.41  Emergencies.
5.43  Public vessels, aircraft, and radio stations.
5.45  Return of facility.
5.47  Auxiliary ensign.
5.48  Auxiliary Patrol Boat ensign.
5.49  Reimbursement for expenses.
5.51  Damaged equipment or facilities.
5.53  Constructive or actual loss.
5.55  Compensation.
5.57  Traveling expenses and per diem.
5.59  Medical treatment and hospitalization.
5.61  Uniforms.
5.63  Insignia.
5.65  Medals.
5.69  Limitations of rights, privileges, and benefits.

    Authority: 14 U.S.C. 633, 892; 49 CFR 1.46.

    Source: CGFR 48-64, 13 FR 8393, Dec. 28, 1948, unless otherwise 
noted.



Sec. 5.01   Definitions.

    Certain terms used in this part are defined as follows:
    (a) Act means the Coast Guard Auxiliary and Reserve Act of 1941, as 
amended, and recodified by Act of August 4, 1949, as 14 U.S.C. 821 
through 832.
    (b) Auxiliary means the United States Coast Guard Auxiliary 
established pursuant to the Act.
    (c) Commandant means the Commandant of the United States Coast 
Guard.
    (d) Member means any person who is a member of the Auxiliary.
    (e) Vessel means a motorboat or yacht.
    (f) Motorboat means any documented or numbered vessel propelled by 
machinery, not more than 65 feet in length measured end to end over the 
deck excluding sheer.
    (g) Yacht means either (1) any documented or numbered vessel used 
exclusively for pleasure, or (2) any sailboat used exclusively for 
pleasure over 16 feet in length measured from end to end over the deck 
excluding sheer.
    (h) Radio station means any equipment (including a building which 
houses such equipment) the use of which to transmit communications by 
radio is authorized pursuant to law.
    (i) Aircraft means any contrivance now known or hereafter invented, 
used or designed for navigation of or flight in the air.
    (j) Secretary means the Secretary of Transportation when the Coast 
Guard operates in the Department of Transportation or the Secretary of 
the Navy when the Coast Guard operates as part of the Navy.
    (k) Facility or facilities means a vessel, aircraft, and/or radio 
station.

[CGFR 48-64, 13 FR 8393, Dec. 28, 1948, as amended by CGFR 59-58, 24 FR 
10717, Dec. 25, 1959; CGD 96-026, 61 FR 33662, June 28, 1996]



Sec. 5.03   Purpose.

    The Auxiliary was created in order to assist the Coast Guard to:
    (a) Promote safety and to effect rescues on and over the high seas 
and on navigable waters.
    (b) Promote efficiency in the operation of motorboats and yachts.
    (c) Foster a wider knowledge of, and better compliance with, the 
laws, rules, and regulations governing the operation of motorboats and 
yachts.
    (d) Facilitate other operations of the Coast Guard.



Sec. 5.05   Organization.

    The Auxiliary is a nonmilitary organization administered by the 
Commandant, under the direction of the Secretary.



Sec. 5.07   Administration.

    Any authority vested in the Commandant by this part may be delegated 
by him to such personnel of the Coast Guard, in such manner and to such 
extent, as he deems necessary or appropriate for the functioning, 
organization, and internal administration of the Auxiliary.

[[Page 52]]



Sec. 5.09   Eligibility for membership.

    To be eligible for membership in the Auxiliary, a person (male or 
female) must be over 17 years of age; a citizen of the United States or 
of its Territories and possessions; and either own not less than a 
twenty-five percent interest in a motorboat, yacht, aircraft, or radio 
station; or have had such special training or experience as to qualify 
him in the opinion of the Commandant, for duty in the Auxiliary.

[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]



Sec. 5.11   Membership in military organizations.

    Members of the Auxiliary may also be enrolled, enlisted or 
commissioned in the Coast Guard Reserve. Membership in the Auxiliary is 
not a bar to membership in any other naval or military organization.



Sec. 5.13   Application for membership.

    Application for membership in the Auxiliary shall be made on the 
prescribed form which may be obtained from the Commander of the Coast 
Guard district in which located. Membership is based on the needs of the 
Auxiliary and will necessarily vary in the various Coast Guard 
districts.

[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]



Sec. 5.15   Admission to membership.

    An applicant who is accepted for membership shall be enrolled in the 
Auxiliary and shall be issued a membership certificate and 
identification card. Mere ownership of such a certificate or card shall 
not entitle a member of the Auxiliary to be vested with or exercise any 
right, privilege, power, or duty vested in or imposed upon the personnel 
of the Coast Guard or the Coast Guard Reserve.

[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]



Sec. 5.17   Disenrollment.

    A member of the Auxiliary shall be disenrolled on request; upon 
ceasing to possess the qualifications for membership; for cause; upon 
direction of the Commandant; or upon death.

[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]



Sec. 5.19   Training.

    The Commandant may authorize members of the Auxiliary to pursue 
correspondence courses conducted by the Coast Guard Institute at cost 
when the furnishing of such courses does not interfere with other 
regular Coast Guard activities.



Sec. 5.21   Ranks, titles, designations, or grades.

    The members of the Auxiliary shall have such ranks, titles, 
designations, or grades, pursuant to their qualifications, as the 
Commandant considers necessary for the administration and operation of 
the Auxiliary.



Sec. 5.23   Advancement.

    The Commandant shall prescribe the circumstances and qualifications 
under which members of the Auxiliary may be advanced.



Sec. 5.25   Honorary members.

    For conspicuous service to or active interest in the Auxiliary, the 
Commandant may award any person with honorary membership in the 
Auxiliary. An honorary member of the Auxiliary, solely by reason of such 
honorary membership, shall not be entitled to any of the rights, 
benefits, privileges, duties, or obligations of regular members of the 
Auxiliary.



Sec. 5.27   Assignment to specific duties.

    Members of the Auxiliary shall not be assigned to specific duties 
until they have been found, after appropriate training and examination, 
to be competent to perform such duties.



Sec. 5.29   Assignment to duty on a motorboat, yacht, aircraft, or radio station.

    No member of the Auxiliary shall be placed in charge of a motorboat, 
yacht, aircraft, or radio station assigned to Coast Guard duty unless he 
has been specifically designated by authority of the Commandant to 
perform such duty.



Sec. 5.31   Power and authority.

    Members of the Auxiliary, when assigned to specific duties shall, 
unless otherwise limited by the Commandant,

[[Page 53]]

be vested with the same power and authority, in execution of such 
duties, as members of the regular Coast Guard assigned to similar 
duties.



Sec. 5.33   Training, examination, and assignment.

    The Commandant will prescribe the type of training, qualifications 
and examinations required before a member of the Auxiliary shall be 
deemed qualified to perform certain duties, and will prescribe the 
circumstances and manner in which certain members of the Auxiliary shall 
be authorized to perform regular and emergency specific duties.



Sec. 5.35   Use of facilities.

    Section 826 of Title 14, U.S. Code, reads as follows:

    The Coast Guard may utilize for any purpose incident to carrying out 
its functions and duties as authorized by the Secretary any motorboat, 
yacht, aircraft, or radio station placed at its disposition for any of 
such purposes by any member of the Auxiliary, by any corporation, 
partnership, or association, or by any State or political subdivision 
thereof.

[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]



Sec. 5.37   Offer of facilities.

    Any member of the Auxiliary desiring to place a vessel, aircraft, or 
radio station at the disposal of the Coast Guard pursuant to the Act and 
the regulations in this part, shall communicate with the Commander of 
the Coast Guard district in which located indicating in such 
communication which facility is offered. Except in emergencies, an offer 
to the Coast Guard must be made on the prescribed form.

[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]



Sec. 5.39   Acceptance of facilities.

    No vessel, aircraft or radio station shall be deemed loaned to the 
Coast Guard until an acceptance, on the prescribed form, has been signed 
on behalf of the Coast Guard by a person authorized by the Commandant to 
sign such acceptance and a complete inventory of consumable and 
expendable stores and equipment has been made and mutually settled by 
the owner and the representative of the Coast Guard.

[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]



Sec. 5.41   Emergencies.

    In an emergency, as declared by the Commandant, the offer of a 
vessel, aircraft, or radio station may be made without the use of the 
prescribed form, and such facility may be accepted on behalf of the 
Coast Guard without the use of the acceptance section of the above form 
or the inventory last above mentioned.

[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]



Sec. 5.43   Public vessels, aircraft, and radio stations.

    While assigned to Coast Guard duty as authorized herein:
    (a) Any motorboat or yacht shall be deemed to be a public vessel of 
the United States, and within the meaning of section 827 of title 14, 
U.S. Code, shall be deemed to be a vessel of the United States Coast 
Guard.
    (b) Any aircraft shall be deemed to be a vessel of the United States 
Coast Guard within the meaning of section 828 of title 14, U.S. Code, 
and shall be deemed to be a ``public aircraft'' within the meaning of 
the act of June 23, 1958 (72 Stat. 737; 49 U.S.C. 1301).
    (c) Any radio station shall be deemed to be a radio station of the 
United States Coast Guard and a ``Government station'' within the 
meaning of section 829, title 14, U.S. Code.

[CGFR 59-58, 24 FR 10717, Dec. 25, 1959]



Sec. 5.45   Return of facility.

    A vessel, aircraft, or radio station placed at the disposal of the 
Coast Guard for a specific period, shall be returned at the expiration 
of such period, unless circumstances or emergent need make the return 
impracticable at that time. The Commandant will determine the method, 
time, and documents to be exchanged upon the return to the owner of any 
facility. The property shall be reinventoried as of the time, date and 
place of redelivery, and mutually settled by the owner and the 
representative of the Coast Guard. Should the vessel have been accepted 
under emergent conditions, any claim for lost equipment or stores must 
be supported

[[Page 54]]

by invoices showing the date of purchase and the cost thereof by the 
person submitting claim therefor. The representative of the Coast Guard 
shall take all proper precautions to protect the interest of the owner 
as well as that of the United States.



Sec. 5.47  Auxiliary ensign.

    (a) The Coast Guard Auxiliary ensign is a distinguishing mark, 
authorized by the Secretary, and may be displayed by any vessel, 
aircraft, or radio station at such times and under such circumstances as 
may be authorized by the Commandant. The penalty for the unauthorized 
flying of any ensign, flag or pennant of the Auxiliary is set forth in 
Sec. 5.67 of this part.
    (b) The field of the Auxiliary ensign is medium blue (Coast Guard 
blue) with a broad diagonal white slash upon which a matching blue Coast 
Guard Auxiliary emblem is centered. The white slash shall be at a 70 
degree angle, rising away from the hoist.
    (c) The Auxiliary emblem consists of a disk with the shield of the 
Coat of Arms of the United States circumscribed by an annulet edged and 
inscribed ``U.S. COAST GUARD AUXILIARY'' all in front of two crossed 
anchors.

[CGD 85-073, 52 FR 36760, Oct. 1, 1987; 52 FR 37716, Oct. 8, 1987]



Sec. 5.48  Auxiliary Patrol Boat ensign.

    (a) The Coast Guard Auxiliary Patrol Boat ensign is authorized to be 
flown on all Auxiliary Operational Facility vessels under orders. The 
penalty for the unauthorized flying of any ensign, flag or pennant of 
the Auxiliary is set forth in Sec. 5.67 of this part.
    (b) The field of the Auxiliary Patrol Boat ensign is white. A medium 
blue (Coast Guard blue) Coast Guard Auxiliary emblem is centered on a 
broad diagonal red (Coast Guard red) slash which is at a 70 degree 
angle, rising toward the hoist. The red (Coast Guard red) slash is 
followed, away from the hoist, by two narrow, parallel stripes, first a 
white stripe and then a medium blue (Coast Guard blue) stripe. The 
entire design is centered on the ensign.

[CGD 85-073, 52 FR 36760, Oct. 1, 1987]



Sec. 5.49   Reimbursement for expenses.

    Any person whose vessel, aircraft, or radio station has been offered 
to and accepted by the Coast Guard shall, in accordance with 
instructions of the Commandant, be reimbursed for the actual necessary 
expenses of operation of such vessel, aircraft, or radio station when 
assigned to Coast Guard duty. ``Actual necessary expenses of operation'' 
includes payment for fuel, oil, power, water, supplies, provisions, and 
replacement or repair of equipment.



Sec. 5.51   Damaged equipment or facilities.

    The Commandant will prescribe the nature of reports to be made and 
the procedure to be followed upon the return of a vessel, aircraft, or 
radio station. If such report shows that the vessel, aircraft, or radio 
station has been damaged, or that any equipment thereof is in need of 
replacement or repair, the Commandant shall cause an investigation to be 
made. If, as a result of such investigation, it is found that the 
responsibility for the damage rests with the Coast Guard; and that the 
vessel, aircraft, or radio station had been offered to and accepted by 
the Coast Guard; and that at the time the damage was incurred the 
facility was assigned, by competent authority, to specific Coast Guard 
duties; the damages may be repaired or the equipment replaced, in the 
discretion of the Commandant, whose decision shall be final, either by 
the Coast Guard or by the owner of the facility at his own expense for 
which reimbursement will be made by the Coast Guard.



Sec. 5.53   Constructive or actual loss.

    In case of the constructive or actual loss of a vessel, aircraft, or 
radio station, where such loss is reported to the Coast Guard within six 
months from the date of such loss, the Commandant will cause an 
investigation to be made. If, as a result of such investigation, it is 
found that the responsibility for the loss rests with the Coast Guard; 
and that the vessel, aircraft, or radio station had been offered to and 
accepted by the Coast Guard; and that at the time of the loss, the 
facility was assigned, by competent authority, to specific Coast Guard 
duties; the Coast

[[Page 55]]

Guard will make such payment to the owner of the facility, as in the 
discretion of the Commandant, whose decision shall be final, will 
compensate such owner for the constructive or actual loss of his vessel, 
aircraft, or radio station.



Sec. 5.55   Compensation.

    No member of the Auxiliary shall receive any compensation for his 
services as a member of the Auxiliary.



Sec. 5.57   Traveling expenses and per diem.

    A member of the Auxiliary, when assigned to specific duties, may be 
paid actual necessary traveling expenses, including a per diem 
allowance, in conformity with Comptroller's Manual, U.S. Coast Guard.

[CGFR 49-46, 14 FR 7528, Dec. 16, 1949, as amended by CGFR 61-55, 26 FR 
10571, Dec. 28, 1961]



Sec. 5.59   Medical treatment and hospitalization.

    When any member of the Auxiliary is physically injured or dies as a 
result of physical injury incurred while performing patrol duty or any 
other specific duty to which he has been assigned, such member or his 
beneficiary shall be entitled to the same benefits as are now or as may 
hereafter be provided for temporary members of the Coast Guard Reserve 
who suffer physical injury or death resulting from physical injury 
incurred in line of duty. Members of the Auxiliary who contract sickness 
or disease while performing patrol duty or any other specific duty to 
which they have been assigned shall be entitled to the same hospital 
treatment as is afforded members of the Regular Coast Guard.



Sec. 5.61   Uniforms.

    Members of the Auxiliary may purchase from the Coast Guard at actual 
cost such uniforms as may be authorized by the Secretary. Such uniforms 
may be worn by members of the Auxiliary under such circumstances and 
upon such occasions as may be authorized by the Commandant.



Sec. 5.63   Insignia.

    Insignia, as authorized by the Secretary, may be purchased from the 
Coast Guard at actual cost and may be worn by members of the Auxiliary 
under such circumstances, at such places, and upon such occasions as may 
be prescribed by the Commandant.



Sec. 5.65   Medals.

    The Commandant may make awards, including medals, to members of the 
Auxiliary.



Sec. 5.69   Limitations of rights, privileges, and benefits.

    Section 893 of Title 14, U.S. Code, reads as follows:

    Members of the Auxiliary and temporary members of the Reserve shall 
be entitled only to such rights, privileges, and benefits as are 
specifically set forth for them in this title or as may be specifically 
provided for them in any other Act of Congress. Any Act of Congress 
which grants rights, privileges, or benefits generally to military 
personnel, or among others, to personnel of the Coast Guard and the 
Coast Guard Reserve, without specifically granting such rights, 
privileges, or benefits to members of the Auxiliary or temporary members 
of the Reserve, shall not be deemed applicable to members of the 
Auxiliary or to temporary members of the Reserve.

[CGFR 59-58, 24 FR 10718, Dec. 25, 1959]



PART 6--PROTECTION AND SECURITY OF VESSELS, HARBORS, AND WATERFRONT FACILITIES--Table of Contents




                        Subpart 6.01--Definitions

Sec.
6.01-1  Commandant.
6.01-2  District Commander.
6.01-3  Captain of the Port.
6.01-4  Waterfront facility.
6.01-5  Security zone.

                    Subpart 6.04--General Provisions

6.04-1  Enforcement.
6.04-5  Preventing access of persons, articles or things to vessels, or 
          waterfront facilities.
6.04-6  Establishing security zones; prohibitions with respect thereto.
6.04-7  Visitation, search, and removal.
6.04-8  Possession and control of vessels.
6.04-11  Assistance of other agencies.

[[Page 56]]

 Subpart 6.10--Identification and Exclusion of Persons From Vessels and 
                          Waterfront Facilities

6.10-1  Issuance of documents and employment of persons aboard vessels.
6.10-5  Access to vessels and waterfront facilities.
6.10-7  Identification credentials.
6.10-9  Appeals.

 Subpart 6.12--Supervision and Control of Explosives or Other Dangerous 
                                  Cargo

6.12-1  General supervision and control.
6.12-3  Approval of facility for dangerous cargo.

   Subpart 6.14--Security of Waterfront Facilities and Vessels in Port

6.14-1  Safety measures.
6.14-2  Condition of waterfront facility a danger to vessel.

             Subpart 6.16--Sabotage and Subversive Activity

6.16-1  Reporting of sabotage and subversive activity.
6.16-3  Precautions against sabotage.

                         Subpart 6.18--Penalties

6.18-1  Violations.

  Subpart 6.19--Responsibility for Security of Vessels and Waterfront 
                               Facilities

6.19-1  Primary responsibility.

    Authority: 40 Stat. 220, as amended; 50 U.S.C. 191.

    Source: E. O. 10173, 15 FR 7012, Oct. 20, 1950, unless otherwise 
noted.

    Cross Reference: For regulations implementing the general 
enforcement provisions contained in Subparts 6.01--Definitions and 
6.04--General Provisions, see part 125 of this chapter.



                        Subpart 6.01--Definitions



Sec. 6.01-1   Commandant.

    Commandant as used in this part, means the Commandant of the United 
States Coast Guard.



Sec. 6.01-2   District Commander.

    District Commander as used in this part, means the officer of the 
Coast Guard designated by the Commandant to command a Coast Guard 
District.



Sec. 6.01-3   Captain of the Port.

    Captain of the Port as used in this part, means the officer of the 
Coast Guard, under the command of a District Commander, so designated by 
the Commandant for the purpose of giving immediate direction to Coast 
Guard law enforcement activities within his assigned area. In addition, 
the District Commander shall be Captain of the Port with respect to 
remaining areas in his District not assigned to officers designated by 
the Commandant as Captain of the Port.

[EO 11249, 30 FR 13001, Oct. 13, 1965]



Sec. 6.01-4   Waterfront facility.

    Waterfront facility as used in this part, means all piers, wharves, 
docks, and similar structures to which vessels may be secured; areas of 
land, water, or land and water under and in immediate proximity to them; 
buildings on such structures or contiguous to them and equipment and 
materials on such structures or in such buildings.

[EO 11249, 30 FR 13001, Oct. 13, 1965]



Sec. 6.01-5   Security zone.

    Security zone as used in this part, means all areas of land, water, 
or land and water, which are so designated by the Captain of the Port 
for such time as he deems 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.

[EO 11249, 30 FR 13001, Oct. 13, 1965]



                    Subpart 6.04--General Provisions



Sec. 6.04-1   Enforcement.

    (a) The rules and regulations in this part shall be enforced by the 
captain of the port under the supervision and general direction of the 
District Commander and the Commandant, and all authority and power 
vested in the captain of the port by the regulations in this part shall 
be deemed vested in and may be exercised by the District Commander and 
the Commandant.

[[Page 57]]

    (b) The rules and regulations in this part may be enforced by any 
other officer of the Coast Guard designated by the Commandant or the 
District Commander.

[EO 10173, 15 FR 7012, Oct. 20, 1950, as amended by EO 10277, 16 FR 
7541, Aug. 2, 1951]



Sec. 6.04-5   Preventing access of persons, articles or things to vessels, or waterfront facilities.

    The Captain of the Port may prevent any person, article, or thing 
from boarding or being taken or placed on board any vessel or entering 
or being taken into or upon or placed in or upon any waterfront facility 
whenever it appears to him that such action is necessary in order to 
secure such vessel from damage or injury or to prevent damage or injury 
to any vessel, or waterfront facility or waters of the United States, or 
to secure the observances of rights and obligations of the United 
States.

[EO 11249, 30 FR 13001, Oct. 13, 1965]



Sec. 6.04-6   Establishing security zones; prohibitions with respect thereto.

    The Captain of a Port may establish security zones subject to the 
terms and conditions specified in Sec. 6.01-5. No person or vessel shall 
enter a security zone without the permission of the Captain of the Port. 
No person shall 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. No person shall take or place any article or thing upon any 
waterfront facility in any such zone without such permission.

[EO 11249, 30 FR 13001, Oct. 13, 1965]



Sec. 6.04-7   Visitation, search, and removal.

    The Captain of the Port may cause to be inspected and searched at 
any time any vessel, waterfront facility, or security zone, or any 
person, article, or thing thereon or therein, within the jurisdiction of 
the United States, may place guards upon any such vessel, waterfront 
facility, or security zone and may remove therefrom any and all persons, 
articles, or things not specifically authorized by him to go or remain 
thereon or therein.

[EO 11249, 30 FR 13002, Oct. 13, 1965]



Sec. 6.04-8   Possession and control of vessels.

    The Captain of the port may supervise and control the movement of 
any vessel and shall take full or partial possession or control of any 
vessel or any part thereof, within the territorial waters of the United 
States under his jurisdiction, whenever it appears to him that such 
action is necessary in order to secure such vessel from damage or 
injury, or to prevent damage or injury to any vessel or waterfront 
facility or waters of the United States, or to secure the observance of 
rights and obligations of the United States.



Sec. 6.04-11   Assistance of other agencies.

    The Captain of the port may enlist the aid and cooperation of 
Federal, State, county, municipal, and private agencies to assist in the 
enforcement of regulations issued pursuant to this part.



 Subpart 6.10--Identification and Exclusion of Persons From Vessels and 
                          Waterfront Facilities



Sec. 6.10-1   Issuance of documents and employment of persons aboard vessels.

    No person shall be issued a document required for employment on a 
merchant vessel of the United States nor shall any person be employed on 
a merchant vessel of the United States unless the Commandant is 
satisfied that the character and habits of life of such person are such 
as to authorize the belief that the presence of the individual on board 
would not be inimical to the security of the United States: Provided, 
That the Commandant may designate categories of merchant vessels to 
which the foregoing shall not apply.

[EO 10352, 17 FR 4624, May 21, 1952]



Sec. 6.10-5   Access to vessels and waterfront facilities.

    Any person on board any vessel or any person seeking access to any 
vessel or any waterfront facility within the

[[Page 58]]

jurisdiction of the United States may be required to carry 
identification credentials issued by or otherwise satisfactory to the 
Commandant. The Commandant may define and designate those categories of 
vessels and areas of the waterfront wherein such credentials are 
required.



Sec. 6.10-7   Identification credentials.

    The identification credential to be issued by the Commandant shall 
be known as the Coast Guard Port Security Card, and the form of such 
credential, and the conditions and the manner of its issuance shall be 
as prescribed by the Commandant after consultation with the Secretary of 
Labor. The Commandant shall not issue a Coast Guard Port Security Card 
unless he is satisfied that the character and habits of life of the 
applicant therefor are such as to authorize the belief that the presence 
of such individual on board a vessel or within a waterfront facility 
would not be inimical to the security of the United States. The 
Commandant shall revoke and require the surrender of a Coast Guard Port 
Security Card when he is no longer satisfied that the holder is entitled 
thereto. The Commandant may recognize for the same purpose such other 
credentials as he may designate in lieu of the Coast Guard Port Security 
Card.

[EO 10277, 16 FR 7541, Aug. 2, 1951]



Sec. 6.10-9   Appeals.

    Persons who are refused employment or who are refused the issuance 
of documents or who are required to surrender such documents, under this 
subpart, shall have the right of appeal, and the Commandant shall 
appoint Boards for acting on such appeals. Each such Board shall, so far 
as practicable, be composed of one Coast Guard officer, one member drawn 
from management, and one member drawn from labor. The members drawn from 
management and labor shall, upon suitable security clearance, be 
nominated by the Secretary of Labor. Such members shall be deemed to be 
employees of the United States and shall be entitled to compensation 
under the provisions of section 15 of the act of August 2, 1946 (5 
U.S.C. 55a) while performing duties incident to such employment. The 
Board shall consider each appeal brought before it and, in recommending 
final action to the Commandant, shall insure the appellant all fairness 
consistent with the safeguarding of the national security.



 Subpart 6.12--Supervision and Control of Explosives or Other Dangerous 
                                  Cargo



Sec. 6.12-1  General supervision and control.

    The Captain of the Port may supervise and control the 
transportation, handling, loading, discharging, stowage, or storage of 
hazardous materials on board vessels as covered by the regulations in 49 
CFR parts 170-189, 46 CFR parts 150-156, 46 CFR parts 146-148 and the 
regulations governing tank vessels (46 CFR parts 30-39).

[CGD 77-228, 43 FR 53427, Nov. 16, 1978]



Sec. 6.12-3   Approval of facility for dangerous cargo.

    The Commandant may designate waterfront facilities for the handling 
and storage of, and for vessel loading and discharging, explosives, 
inflammable or combustible liquids in bulk, or other dangerous articles 
or cargo covered by the regulations referred to in Sec. 6.12-1, and may 
require the owners, operators, masters, and others concerned to secure 
permits for such handling, storage, loading, and unloading from the 
Captain of the Port, conditioned upon the fulfillment of such 
requirements for the safeguarding of such waterfront facilities and 
vessels as the Commandant may prescribe.



   Subpart 6.14--Security of Waterfront Facilities and Vessels in Port



Sec. 6.14-1   Safety measures.

    The Commandant, in order to achieve the purposes of this part, may 
prescribe such conditions and restrictions relating to the safety of 
waterfront facilities and vessels in port as he finds to be necessary 
under existing circumstances. Such conditions and restrictions may 
extend, but shall not be limited to, the inspection, operation, 
maintenance, guarding, and manning

[[Page 59]]

of, and fire-prevention measures for, such vessels and waterfront 
facilities.

[EO 10277, 16 FR 7541, Aug. 2, 1951]



Sec. 6.14-2   Condition of waterfront facility a danger to vessel.

    Whenever the captain of the port finds that the mooring of any 
vessel to a wharf, dock, pier, or other waterfront structure would 
endanger such vessel, or any other vessel, or the harbor or any facility 
therein by reason of conditions existing on or about such wharf, dock, 
pier, or other waterfront structure, including, but not limited to, 
inadequate guard service, insufficient lighting, fire hazards, 
inadequate fire protection, unsafe machinery, internal disturbance, or 
unsatisfactory operation, the captain of the port may prevent the 
mooring of any vessel to such wharf, dock, pier, or other waterfront 
structure until the unsatisfactory condition or conditions so found are 
corrected, and he may, for the same reasons, after any vessel has been 
moored, compel the shifting of such vessel from any such wharf, dock, 
pier, or other waterfront structure.

[EO 10277, 16 FR 7541, Aug. 2, 1951]



             Subpart 6.16--Sabotage and Subversive Activity



Sec. 6.16-1   Reporting of sabotage and subversive activity.

    Evidence of sabotage or subversive activity involving or endangering 
any vessel, harbor, port, or waterfront facility shall be reported 
immediately to the Federal Bureau of Investigation and to the captain of 
the port, or to their respective representatives.



Sec. 6.16-3   Precautions against sabotage.

    The master, owner, agent, or operator of a vessel or waterfront 
facility shall take all necessary precautions to protect the vessel, 
waterfront facility, and cargo from sabotage.



                         Subpart 6.18--Penalties



Sec. 6.18-1   Violations.

    Section 2, Title II of the act of June 15, 1917, as amended, 50 
U.S.C. 192, provides as follows:

    If any owner, agent, master, officer, or person in charge, or any 
member of the crew of any such vessel fails to comply with any 
regulation or rule issued or order given under the provisions of this 
title, or obstructs or interferes with the exercise of any power 
conferred by this title, the vessel, together with her tackle, apparel, 
furniture, and equipment, shall be subject to seizure and forfeiture to 
the United States in the same manner as merchandise is forfeited for 
violation of the customs revenue laws; and the person guilty of such 
failure, obstruction, or interference shall be punished by imprisonment 
for not more than ten years and may, in the discretion of the court, be 
fined not more than $10,000.
    (a) If any other person knowingly fails to comply with any 
regulation or rule issued or order given under the provisions of this 
title, or knowingly obstructs or interferes with the exercise of any 
power conferred by this title, he shall be punished by imprisonment for 
not more than ten years and may, at the discretion of the court, be 
fined not more than $10,000.



  Subpart 6.19--Responsibility for Security of Vessels and Waterfront 
                               Facilities



Sec. 6.19-1   Primary responsibility.

    Nothing contained in this part shall be construed as relieving the 
masters, owners, operators, and agents of vessels or other waterfront 
facilities from their primary responsibility for the protection and 
security of such vessels or waterfront facilities.

[EO 10277, 16 FR 7541, Aug. 2, 1951]



PART 8--UNITED STATES COAST GUARD RESERVE--Table of Contents




Sec.
8.1  Functions of the Coast Guard Reserve.
8.3  Organization of the Coast Guard Reserve.
8.5  Regulations for the Coast Guard Reserve.
8.7  Information.

    Authority: 14 U.S.C. 633.

    Source: CGD 79-105, 48 FR 36449, Aug. 11, 1983, unless otherwise 
noted.



Sec. 8.1  Functions of the Coast Guard Reserve.

    (a) The Coast Guard Reserve is a component of the Coast Guard. The 
Coast Guard Reserve trains personnel

[[Page 60]]

for mobilization and for augmentation of the regular Coast Guard.
    (b) Members of the Coast Guard Reserve can be used for:
    1. Partial or full mobilization under 10 U.S.C. 12301;
    (2) Voluntary or involuntary call-up for emergency augmentation of 
the regular Coast Guard during time of serious natural or man-made 
disaster under 14 U.S.C. 712; and
    (3) Augmentation of the regular Coast Guard during active duty or 
inactive duty for training.
    (c) A member of the Reserve on active duty or inactive duty training 
has the same authority, rights, and privileges in the performance of 
that duty as a member of the regular Coast Guard of corresponding grade 
or rating.

[CGD 79-105, 48 FR 36449, Aug. 11, 1983, as amended by CGD 97-023, 62 FR 
33361, June 19, 1997]



Sec. 8.3  Organization of the Coast Guard Reserve.

    (a) The Coast Guard Reserve is organized, trained and equipped under 
the direction of the Commandant.
    (b) The Director of Reserve and Training is responsible for the 
overall administration and supervision of the Reserve.
    (c) In Atlantic Area, Integrated Support Commands have 
responsibility for local Reserve issues; however, in Pacific Area, 
responsibility for local Reserve issues remains with District 
Commanders.
    (d) Most Coast Guard Reservists are fully integrated into active 
duty Coast Guard units. There, Reservists perform the same duties and 
have the same responsibilities as their active duty counterparts. Their 
integrated work prepares Reservists to perform the duties of their 
mobilization assignments while at the same time providing assistance to 
the active service. Some Reservists are assigned to dedicated Reserve 
units where they train and mobilize in support of national defense 
operations.

[CGD 96-026, 61 FR 33662, June 28, 1996]



Sec. 8.5  Regulations for the Coast Guard Reserve.

    (a) Regulations for the Coast Guard Reserve are established by the 
Commandant.
    (b) Permanent regulations are published in Coast Guard publications 
and manuals and include the following:
    (1) Coast Guard Regulations.
    (2) Coast Guard Organization Manual.
    (3) Coast Guard Reserve Policy Manual.
    (4) Personnel Manual.
    (5) Recruiting Manual.
    (6) Military Justice Manual.
    (7) Comptroller Manual.
    (c) Temporary regulations and orders affecting Reservists are 
included in instructions or notices in the Coast Guard directives 
system.
    (d) Other regulations that affect the Reserve are located in 
Department of Defense and Department of the Navy regulations in Title 32 
of the Code of Federal Regulations.

[CGD 96-026, 61 FR 33662, June 28, 1996, as amended by CGD 97-023, 62 FR 
33362, June 19, 1997]



Sec. 8.7  Information.

    (a) Information concerning the Coast Guard Reserve may be obtained 
from Commandant (G-WTR), U.S. Coast Guard Headquarters, Washington, DC 
20593-0001.
    (b) Information and requirements for enlistment in the Coast Guard 
Reserve or concerning the procurement of officers for the Coast Guard 
Reserve can be obtained from the following offices:
    (1) Any Coast Guard Recruiting Office.
    (2) Coast Guard Recruiting Center, 4200 Wilson Boulevard, Suite 450, 
Arlington, VA 22203.

[CGD 96-026, 61 FR 33662, June 28, 1996]



PART 13--DECORATIONS, MEDALS, RIBBONS AND SIMILAR DEVICES--Table of Contents




 Subpart 13.01--Gold and Silver Lifesaving Medals, Bars, and Miniatures

Sec.
13.01-1  General.
13.01-5  Gold and Silver Lifesaving Medals.
13.01-10  Gold and silver bars.

[[Page 61]]

13.01-15  Applications and recommendations.
13.01-20  Definitions.
13.01-25  Description of Gold Lifesaving Medal.
13.01-30  Description of Silver Lifesaving Medal.
13.01-35  Description of gold and silver bars.
13.01-40  Miniature medals and bars.
13.01-45  Replacement of medals and bars.

    Authority: Secs. 500, 633, 63 Stat. 536, 545, sec. 6(b)(1), 80 Stat. 
938; 14 U.S.C. 500, 633; 49 U.S.C. 1655(b); 49 CFR 1.4 (a)(2) and (f).

    Source: CGFR 68-134, 33 FR 18932, Dec. 19, 1968, unless otherwise 
noted.



 Subpart 13.01--Gold and Silver Lifesaving Medals, Bars, and Miniatures



Sec. 13.01-1   General.

    Lifesaving Medals of gold and silver, designated as the Gold 
Lifesaving Medal and the Silver Lifesaving Medal, respectively, may be 
awarded by the Commandant, U.S. Coast Guard, hereinafter called the 
Commandant, under 14 U.S.C. 500 and the regulations in this subpart to 
persons rescuing or endeavoring to rescue any other person from 
drowning, shipwreck or other peril of the water.



Sec. 13.01-5   Gold and Silver Lifesaving Medals.

    Lifesaving Medals may be awarded to any person who rescues or 
endeavors to rescue any other person from drowning, shipwreck or other 
peril of the water. In order for a person to be eligible for a 
Lifesaving Medal the rescue or attempted rescue must take place in 
waters within the United States or subject to the jurisdiction thereof, 
or if the rescue or attempted rescue takes place outside such waters, 
one or the other of the parties must be a citizen of the United States 
or from a vessel or aircraft owned or operated by citizens of the United 
States. If such rescue or attempted rescue is made at the risk of one's 
own life and evidences extreme and heroic daring, the medal shall be of 
gold. If such rescue or attempted rescue is not sufficiently 
distinguished to deserve the medal of gold but evidences the exercise of 
such signal exertion as to merit recognition, the medal shall be of 
silver. Lifesaving Medals may be awarded posthumously.



Sec. 13.01-10   Gold and silver bars.

    No person shall receive more than one Gold Lifesaving Medal and one 
Silver Lifesaving Medal; but any person who has received or may 
hereafter receive a Gold or Silver Lifesaving Medal and who again 
performs an act which would entitle him to receive another medal of the 
same class, may be awarded, in lieu of a second medal of the same class, 
a gold or silver bar, as the case may be, to be worn with the medal 
already bestowed, and for every such additional act, an additional bar 
may be awarded. Gold and silver bars may be awarded posthumously.



Sec. 13.01-15   Applications and recommendations.

    (a) All administrative details pertaining to the award of Lifesaving 
Medals are under the jurisdiction of the Commandant. Applications and 
recommendations for the award of a Lifesaving Medal may be filed by or 
in behalf of the person making or attempting a rescue under 
circumstances contemplated by the regulations in this subpart. 
Applications or recommendations for award of medals or requests for 
information pertaining thereto should be addressed to the Commander of 
the Coast Guard District, hereinafter called the District Commander, 
where the incident took place. (See part 3 of this subchapter for 
descriptions of Coast Guard Districts.) If the District is unknown, or 
if the incident took place outside any such district, applications and 
recommendations should be addressed to the Commandant, U.S. Coast Guard, 
Washington, D.C. 20593.
    (b) Completed applications must include:
    (1) Satisfactory evidence of the services performed, in the form of 
affidavits, made by eyewitnesses of good repute and standing testifying 
of their own knowledge. The opinion of witnesses that the person for 
whom an award is sought imperiled his or her own life or made signal 
exertions is not sufficient but the affidavits must set forth in detail 
all facts and occurrences tending to show clearly in what manner and to 
what extent life was risked or signal exertions made so that the

[[Page 62]]

Commandant may judge for himself as to the degree of merit involved.
    (2) The precise locality of the rescue or attempted rescue, whether 
from waters within the United States or subject to the jurisdiction 
thereof, or if the rescue or attempted rescue is outside such waters, 
whether one or the other of the parties is a citizen of the United 
States, or from a vessel or aircraft owned or operated by citizens of 
the United States, shall be stated. The date, time of day, nature of the 
weather, condition of the water, the names of all persons present when 
practicable, the names of all persons rendering assistance, and all 
pertinent circumstances and data, showing the precise nature and degree 
of risk involved, should be stated.
    (c) Recommendations must include:
    (1) As much of the information indicated in paragraphs (b) (1) and 
(2) of this section which is available to the person making the 
recommendation. Upon receipt the Commandant or the cognizant District 
Commander shall cause such recommendation to be referred to an 
investigating officer who shall cause to be developed such additional 
information and evidence as is deemed necessary to either (i) terminate 
the investigation as containing insufficient justification to continue 
further, or (ii) to complete the application for submission to the 
Commandant for his final determination.
    (d) Either the Commandant or the District Commander may, without any 
application or recommendation, of his own motion, order an informal 
investigation into such an incident under Chapter II, of the Coast Guard 
Supplement to the Manual for Courts-Martial (CG-241).
    (e) Affidavits required by this subpart shall be made before an 
officer duly authorized to administer oaths and if taken before an 
officer without an official seal, his official character must be 
certified by the proper officer of a court of record, under the seal 
thereof, unless the oath be taken before an officer of the Armed Forces 
authorized to administer oaths under the provisions of Article 136, UCMJ 
(10 U.S.C. 936).
    (f) Cognizant District Commanders shall act upon all applications 
and recommendations submitted to them from whatever source and shall:
    (1) Forward completed applications with his recommendations to the 
Commandant for his consideration and determination; or,
    (2) Inform the applicant or the person submitting the recommendation 
that he considers such application or recommendation incomplete together 
with the reasons therefor and that a period of 90 days will be allowed 
for additional evidence to be provided upon the expiration of which he 
will file the application or recommendation without further action.
    (g) Whenever the cognizant District Commander shall deem such action 
necessary, he may require that the aforementioned affidavits shall be 
accompanied by a certificate showing the affiants to be credible 
persons, certified by some U.S. Officer, such as a judge or clerk of a 
U.S. Court, district attorney, collector of customs, postmaster, or 
officer of the Armed Forces. If the affiant is a citizen or resident of 
a foreign country and if the affidavit is executed in such foreign 
country, the credibility certificate may be executed by an officer of 
such foreign country, who occupies an official position similar to the 
aforementioned U.S. officers.
    (h) The decision of the Commandant on all applications, 
recommendations, and investigations for the Gold or Silver Lifesaving 
Medals shall be final.



Sec. 13.01-20   Definitions.

    As used in the statutes cited and in the regulations in this 
subpart:
    (a) ``Peril of the water'' includes all perils on water caused by, 
or which are such by reason of, the sea or bodies of water such as 
lakes, bays, sounds and rivers; whenever, wherever and in whatever way 
human life is directly imperiled by the sea or a body of water is a 
peril of the water.
    (b) A ``shipwreck'' includes an incident threatening persons whose 
lives are endangered by perils of the water as well as those who are, 
strictly speaking, no longer in danger from the sea or a body of water, 
that peril already having passed, but who are in imminent danger and in 
great need of succor or rescue, as e.g., being adrift in

[[Page 63]]

an open boat or stranded on some barren coast where, without succor or 
rescue, they would die of starvation, thirst, or exposure.
    (c) ``Waters within the United States or subject to the jurisdiction 
thereof,'' embrace all waters within the United States, and any other 
waters over which the United States exercises jurisdiction.



Sec. 13.01-25   Description of Gold Lifesaving Medal.

    (a) The Gold Lifesaving Medal is 99.9 percent pure gold and consists 
of a pendant suspended by a swivel from the head of an eagle attached to 
a silk grogram ribbon 1 and \3/8\ths inches in width, composed of a \3/
16\ths of an inch red stripe, a \1/32\d of an inch white stripe, a \15/
16\ths of an inch gold stripe, a \1/32\d of an inch white stripe, and a 
\3/16\ths of an inch red stripe. The pendant is 1 and \7/16\ths inches 
in diameter and \3/32\ds of an inch in thickness. There appear, on the 
obverse side of the pendant, three men in a boat in a heavy sea; one is 
rescuing a person clinging to a spar at the end of which is a block and 
line; another is standing, prepared to heave a line; a third is rowing; 
in the distance, to the left, is the wreck of a vessel; the whole is 
encircled by the words: ``United States of America'', in the upper half, 
and ``Act of Congress, August 4, 1949'', in the lower half. On the 
reverse side of the pendant there appears, in the center a monument 
surmounted by an American eagle; the figure of a woman stands, to the 
left, holding in her left hand an oak wreath, and with her right hand, 
preparing to inscribe the name of the recipient on the monument; to the 
right are grouped a mast, a yard with a sail, an anchor, a sextant, and 
a laurel branch; the whole is encircled by the words: ``In testimony of 
heroic deeds in saving life from the perils of the water.''
    (b) Engraving: Before presentation, the recipient's name shall be 
inscribed on the ``monument'', on the reverse of the medal.



Sec. 13.01-30   Description of Silver Lifesaving Medal.

    (a) The Silver Lifesaving Medal is 99 percent pure silver and 
consists of a pendant suspended by a swivel from the head of an eagle 
attached to a silk grogram ribbon 1 and \3/8\ths inches in width, 
composed of a \3/16\ths of an inch blue stripe, a \1/32\d of an inch 
white stripe, a \15/16\ths of an inch silver gray stripe, a \1/32\d of 
an inch white stripe, and a \3/32\ds of an inch blue stripe. The pendant 
is 1 and \7/16\ths inches in diameter and \3/32\ds of an inch in 
thickness. On the obverse side of the pendant there appears the figure 
of a woman hovering over a man struggling in heavy sea and extending to 
him one end of a long scarf; the whole is encircled by the words: 
``United States of America'', in the upper half, and ``Act of Congress, 
August 4, 1949'', in the lower half. On the reverse there appears a 
laurel wreath encircled by the words: ``In testimony of heroic deeds in 
saving life from the perils of the water.''
    (b) Engraving: Before presentation, the recipient's name shall be 
inscribed inside the laurel wreath, on the reverse of the medal.



Sec. 13.01-35   Description of gold and silver bars.

    (a) The bar is plain and horizontal, composed of the same metal as 
the medal previously awarded recipient, and is 1 and \5/8\ths inches 
long by \3/16\ths of an inch wide with a flowing ribbon draped over the 
left end and passing in back and appearing beneath the bar. The part of 
the ribbon showing beneath the bar bears the inscription ``Act of 
Congress, August 4, 1949'', in raised block letters. The bar and ribbon 
are in folds of a spray of laurel with the leave showing above and 
beneath.
    (b) Engraving: Before presentation, the recipient's name shall be 
inscribed on the obverse of the bar.



Sec. 13.01-40   Miniature medals and bars.

    (a) Miniature Gold and Silver Lifesaving Medals and bars are 
replicas of the Lifesaving Medals and bars, to be worn on civilian 
clothing. Such miniatures are not furnished by the Government.
    (b) Miniature medals and bars may procured from sources authorized 
by the Commandant, U.S. Coast Guard, to furnish same to persons who 
produce

[[Page 64]]

original documentary evidence of having been awarded the medal or bar 
for which a miniature replica is desired.



Sec. 13.01-45   Replacement of medals and bars.

    The Gold or Silver Lifesaving Medal or bar will be replaced at cost 
to the applicant upon submitting a statement in affidavit form of having 
been awarded a medal or bar and the circumstances involving loss of 
same. A Lifesaving Medal or bar, however, may be replaced without charge 
in the discretion of the Commandant, if said medal or bar has, under 
extremely unusual circumstances, been lost, destroyed or rendered unfit 
for use without fault or neglect on the part of the person to whom it 
was awarded.



PART 17--UNITED STATES COAST GUARD GENERAL GIFT FUND--Table of Contents




                    Subpart 17.01--General Provisions

Sec.
17.01-1  Basis and purpose.
17.01-10  Authority to receive gifts.

                      Subpart 17.05--Administration

17.05-1  Gifts.
17.05-5  Acceptance and disbursement of gifts.
17.05-10  Instructions for administration.

    Authority: Secs. 92, 633, 63 Stat. 503, as amended, 545, sec. 2601, 
70A Stat. 144; 14 U.S.C. 92, 633, 10 U.S.C. 2601; Treasury Dept. Order 
167-1, 18 FR 671.



                    Subpart 17.01--General Provisions



Sec. 17.01-1   Basis and purpose.

    In accordance with 10 U.S.C. 2601 (formerly the Act of March 11, 
1948, secs. 1, to 4, 62 Stat. 71, 72); and Treasury Department Order No. 
167-1, dated January 16, 1953 (18 FR 671), the regulations in this part 
are hereby prescribed to provide for the acceptance and subsequent use 
of gifts, devises, or bequests of property, real or personal, made on 
the condition that they be used for the benefit of, or in connection 
with, the establishment, operation, maintenance, or administration of 
any school, hospital, library, museum, chapel, or other institution or 
organization under the jurisdiction of the United States Coast Guard.

[CGFR 61-36, 26 FR 9321, Oct. 3, 1961]



Sec. 17.01-10   Authority to receive gifts.

    (a) The Commandant, United States Coast Guard, may accept, receive, 
hold, or administer gifts, devises, or bequests of property, real or 
personal, made on the condition that they be used for the benefit of, or 
in connection with, the establishment, operation, maintenance, or 
administration of any school, hospital, library, museum, chapel, or 
other institution or organization under the jurisdiction of the United 
States Coast Guard. The Commandant is authorized to pay all necessary 
fees, charges, and expenses in connection with the conveyance or 
transfer of any such gifts, devises, or bequests.
    (b) The Commandant may authorize or designate officers of the United 
States Coast Guard to accept gifts, devises, or bequests.

[CGFR 53-18, 18 FR 3171, June 3, 1953, as amended by CGFR 61-36, 26 FR 
9321, Oct. 3, 1961]



                      Subpart 17.05--Administration



Sec. 17.05-1   Gifts.

    The gifts or bequests may be in money or negotiable instrument form. 
If in the form of a money order, check, etc., it should be made payable 
to the Treasurer of the United States.

[CGFR 53-18, 18 FR 3171, June 3, 1953]



Sec. 17.05-5   Acceptance and disbursement of gifts.

    (a) The immediate receiving person shall give a proper receipt on 
the proper form used by the United States Coast Guard to acknowledge 
receipt of collections to the donor of a gift or bequest of money or for 
the proceeds from a sale of property received as a gift or devise.
    (b) Gifts or bequests of money, or the proceeds from sales of 
property received as gifts or devises shall be deposited in the Treasury 
of the United States under symbol and title ``20X8533--United States 
Coast Guard, General Gift Fund.'' Funds so deposited shall be subject to 
disbursement by or at the direction of the Commandant,

[[Page 65]]

United States Coast Guard, for the benefit or use of the designated 
school, hospital, library, museum, chapel, or other institution or 
organization under the jurisdiction of the United States Coast Guard 
subject to the terms of the particular gift, devise, or bequest.
    (c) 10 U.S.C. 2601(c) states that any gift, devise, or bequest of 
property, real or personal, accepted under these provisions shall be 
deemed to be a gift, devise, or bequest to or for the use of the United 
States for the purpose of Federal income, estate, and gift taxes.

[CGFR 53-18, 18 FR 3171, June 3, 1953, as amended by CGFR 61-36, 26 FR 
9321, Oct. 3, 1961]



Sec. 17.05-10   Instructions for administration.

    The Commandant, United States Coast Guard, will issue such detailed 
instructions as may be necessary for the administration of the ``United 
States Coast Guard General Gift Fund'' or for the acceptance, operation, 
or maintenance of property, real or personal, that may be accepted for 
the benefit of or in connection with any school, hospital, library, 
museum, chapel, or other institution or organization under the 
jurisdiction of the United States Coast Guard subject to the terms and 
conditions of any particular gift, devise, or bequest.

[CGFR 61-36, 26 FR 9321, Oct. 3, 1961]



PART 19--WAIVERS OF NAVIGATION AND VESSEL INSPECTION LAWS AND REGULATIONS1--Table of Contents



---------------------------------------------------------------------------

    1Also codified as 46 CFR part 6.
---------------------------------------------------------------------------

Sec.
19.01  Procedures for effecting individual waivers of navigation and 
          vessel inspection laws and regulations.
19.04  Vessels requisitioned by the United States for emergency 
          evacuation.
19.06  Vessels operated by or chartered to Military Sealift Command.
19.07  Chronological record of seaman's previous employment.
19.15  Permits for commercial vessels handling explosives at military 
          installations.

    Authority: Sec. 1, 64 Stat. 1120, sec. 6(b)(1), 80 Stat. 937; 46 
U.S.C. note prec. 1, 49 U.S.C. 1655(b)(1); 49 CFR 1.4(a)(2).



Sec. 19.01   Procedures for effecting individual waivers of navigation and vessel inspection laws and regulations.

    (a) It is hereby found necessary in the interest of national defense 
to waive compliance with the navigation and vessel inspection laws 
administered by the Coast Guard, as well as the regulations issued 
thereunder and contained in 46 CFR Chapter I or in this chapter, to the 
extent and in the manner and upon the terms and conditions as set forth 
in this section.
    (b) An application requesting that a waiver be made effective with 
respect to a particular vessel may be made by any authorized 
representative of an agency of the United States Government or any other 
interested person (including the master, agent, or owner of the vessel 
involved). Except as provided in paragraph (d) of this section, the 
application shall be in writing. The application shall be delivered to 
the Coast Guard District Commander or to his designated representative 
at the port or place where the vessel is located. In the case of a 
vessel in any port or place of the Canal Zone or in any foreign port or 
place, the application shall be made to the designated representative of 
the Commandant at such port or place, or if the Coast Guard has not 
established facilities in such port or place, to the nearest designated 
representative of the Commandant at a port or place where such 
facilities have been established. Every application shall contain a 
statement of the particular provisions of law with respect to which 
waiver of compliance is requested, a certification that the waiver of 
compliance with such laws with respect to the vessel involved is 
necessary in the interest of national defense and, an outline of the 
facts upon which such certification is based. The Coast Guard District 
Commander (or his designated representative or the designated 
representative of the Commandant, as the case may be) shall promptly 
examine every application for the purpose of determining whether the 
necessity for prompt action is such as to require that the waiver be 
made effective by him without reference to the Commandant. In any case 
in which it appears to the Coast Guard officer

[[Page 66]]

concerned that reference of the application to the Commandant for action 
would not delay the sailing of the vessel or otherwise be contrary to 
the interest of national defense, the application shall be so referred. 
In all other cases such Coast Guard officer shall give immediate 
consideration to the application and if he reaches the conclusion that 
the urgency of the situation outweighs the marine hazard involved, then 
such waiver shall be made effective in regard to such vessel to the 
extent and under the circumstances specified by him.
    (c) The Coast Guard officer making such a waiver effective pursuant 
to paragraph (b) of this section shall immediately prepare, in 
triplicate, an order setting forth the name of the vessel involved, the 
laws (also regulations, if any) with respect to which the waiver is 
effective, the extent to which compliance with such laws (also 
regulations, if any) is waived, and the period for which the waiver 
shall be effective. If practicable, one copy of this order shall be 
delivered to the master of the vessel involved before such vessel sails. 
In any case where the order is not delivered to the master, it shall be 
delivered to the owner, operator, or agent of the vessel without delay. 
One copy of the order shall be transmitted to the Commandant and the 
remaining copy kept on file.
    (d) In any case of extreme urgency the application for a waiver may 
be made orally and if the Coast Guard District Commander (or his 
designated representative or the designated representative of the 
Commandant, as the case may be) reaches the conclusion referred to in 
paragraph (b) of this section, the waiver shall be made effective 
without further delay, subject to the condition that the application be 
reduced to writing and delivered within such period after the date of 
the oral request as the Coast Guard officer making the waiver effective 
shall specify in the order.
    (e) No penalty shall be imposed because of failure to comply with 
any provision of law (or regulation, if any), the waiver of which has 
been made effective pursuant to the requirements in this section.

[CGFR 51-10, 16 FR 1959, Mar. 1, 1951]



Sec. 19.04   Vessels requisitioned by the United States for emergency evacuation.

    Pursuant to the request of the Acting Secretary of Defense, dated 
November 21, 1951, made under the provisions of section 1 of Pub. L. 
891, 81st Congress, approved December 27, 1950, compliance is hereby 
waived with the provisions of the navigation and vessel inspection laws 
administered by the United States Coast Guard, as well as the 
regulations issued thereunder and contained in this chapter, to the 
extent necessary to permit the operation of vessels which might be 
requisitioned by the United States for the purpose of emergency 
evacuation.

[CGFR 51-61, 16 FR 12792, Dec. 20, 1951]



Sec. 19.06   Vessels operated by or chartered to Military Sealift Command.

    (a) Pursuant to the request of the Deputy Secretary of Defense, 
dated August 6, 1958, and to the request of the Assistant Secretary of 
Defense, Installations and Logistics, dated May 23, 1964, made under the 
provisions of section 1 of Pub. L. 891, 81st Congress, approved December 
27, 1950 (64 Stat. 1120; 46 U.S.C., note preceding section 1), and their 
findings that a waiver is necessary in the interest of national defense, 
compliance with the provisions of the navigation and vessel inspection 
laws administered by the United States Coast Guard, as well as the 
regulations issued thereunder and contained in 33 CFR Chapter I, or in 
this chapter, is hereby waived to the extent and upon the terms and 
conditions as set forth in this section, in order to permit vessels 
operated by or chartered to the Military Sea Transportation Service to 
carry out their assigned missions.
    (b) An application requesting that this waiver be made effective 
with respect to a particular vessel may be made by the Commander, 
Military Sea Transportation Service, or any one of his duly designated 
representatives. Except as provided in paragraph (e) of this section, 
the application shall be in writing. The application shall be delivered 
to the Coast Guard District Commander or to his designated 
representative at the port or place where the vessel is located. In the 
case of a vessel

[[Page 67]]

in any foreign port or place, the application shall be made to the 
designated representative of the Commandant at such port or place, or if 
the Coast Guard has not established facilities in such port or place, to 
the nearest designated representative of the Commandant at a port or 
place where such facilities have been established, or to the Commandant 
(G-MOC), U.S. Coast Guard, Washington, DC 20593-0001. Every application 
shall:
    (1) Describe the laws and/or regulations by appropriate references 
and/or subjects with respect to which the waiver of compliance is 
desired;
    (2) Contain a certification that the waiver of compliance with such 
laws and/or regulations with respect to the vessel involved is necessary 
in the interest of national defense and is necessary for the Military 
Sea Transportation Service to carry out an assigned mission;
    (3) The name and official number of the vessel involved (including 
the names of master, agent, and owner of the vessel involved); and
    (4) For how long the waiver is needed.
    (c) The Coast Guard officer making the waiver in paragraph (a) of 
this section effective for a particular vessel shall immediately 
prepare, in quadruplicate, an order setting forth:
    (1) The name and official number of the vessel involved;
    (2) The laws and/or regulations with respect to which the waiver is 
effective;
    (3) The extent to which compliance with such laws and/or regulations 
is waived; and
    (4) The period for which the waiver shall be effective.
    (d) If practicable, one copy of this waiver order shall be delivered 
to the master of the vessel involved before such vessel sails. In any 
case where the waiver order is not delivered to the master, it shall be 
delivered to the owner, operator, or agent of the vessel without delay. 
One copy of the waiver order shall be delivered to the Commander, 
Military Sea Transportation Service, or his duly designated 
representative, who submitted the application. One copy of the waiver 
order shall be transmitted to the Commandant (G-MOC) and the remaining 
copy kept on file.
    (e) In any case of extreme urgency, the application for a waiver 
order may be made orally and if the Coast Guard District Commander (or 
his designated representative, or the designated representative of the 
Commandant, or the Commandant, as the case may be), determines that the 
conditions in this section have been met, the waiver order shall be made 
effective without further delay, subject to the condition that the 
application be reduced to writing and delivered within such period after 
the date of the oral request as the Coast Guard officer making the 
waiver effective shall specify in the confirming written waiver order.
    (f) No penalty shall be imposed because of failure to comply with 
any provision of law and/or regulation, the waiver of which has been 
made effective pursuant to the requirements of this section.
    (g) This waiver order shall remain in effect until terminated by 
proper authority and notice of cancellation is published in the Federal 
Register.

[CGFR 64-86, 30 FR 88, Jan. 6, 1965, as amended by CGD 88-052, 53 FR 
25119, July 1, 1988; CGD 96-026, 61 FR 33662, June 28, 1996]



Sec. 19.07   Chronological record of seaman's previous employment.

    (a) Compliance is hereby waived with regard to the provisions of 
subsection (h) of R.S. 4551, as amended (46 U.S.C. 643), to the extent 
necessary to permit the Commandant of the United States Coast Guard to 
issue a chronological record of a seaman's previous employment on a 
single document, in lieu of making individual entry in a duplicate 
continuous discharge book or furnishing individual certificates of 
discharge.
    (b) It is hereby found that the waiving of the provisions of R.S. 
4551(h), as amended (46 U.S.C. 643), is necessary in the interest of 
national defense.

[CGFR 51-9, 16 FR 1829, Feb. 27, 1951, as amended by CGFR 59-4a, 24 FR 
3055, Apr. 21, 1959]

    Cross Reference: See 49 CFR 7.93 for the fee for this record.

[[Page 68]]



Sec. 19.15   Permits for commercial vessels handling explosives at military installations.

    Pursuant to the request of the Secretary of Defense in a letter 
dated October 19, 1955, made under the provisions of section 1 of the 
act of December 27, 1950 (64 Stat. 1120; 46 U.S.C., note prec. 1), I 
hereby waive in the interest of national defense compliance with the 
provisions of R.S. 4472, as amended (46 U.S.C. 170), and the regulations 
promulgated thereunder in part 146 of this chapter to the extent that no 
quantitative restrictions, based on considerations of isolation and 
remoteness, shall be required by the Coast Guard for commercial vessels 
loading or unloading explosives at the Department of Defense waterfront 
installations. This waiver shall not relieve a commercial vessel loading 
or unloading explosives at the Department of Defense waterfront 
installations from the requirement of securing a permit from the Coast 
Guard for such operations with respect to quantitative or other 
restrictions imposed by the Coast Guard on the basis of each vessel's 
ability to meet prescribed stowage and handling requirements.

[CGFR 55-49, 20 FR 8638, Nov. 23, 1955]



PART 20--CLASS II CIVIL PENALTIES--Table of Contents




                           Subpart A--General

Sec.
20.101  Scope.
20.102  Definitions.
20.103  Construction and waiver of rules.

                  Subpart B--Administrative Law Judges

20.201  Assignment.
20.202  Powers.
20.203  Unavailability.
20.204  Withdrawal or disqualification.
20.205  Ex parte communications.
20.206  Separation of functions.

                    Subpart C--Pleadings and Motions

20.301  Representation.
20.302  Filing of documents and other materials.
20.303  Form and content of filed documents.
20.304  Service of documents.
20.305  Amendment or supplementation of filed documents.
20.306  Computation of time.
20.307  Complaint.
20.308  Answer.
20.309  Motions.
20.310  Default by respondent.
20.311  Withdrawal or dismissal.

                         Subpart D--Proceedings

20.401  Initiation of class II civil penalty proceedings.
20.402  Public notice.
20.403  Consolidation or severance of class II civil penalty 
          proceedings.
20.404  Interested persons.

                  Subpart E--Conferences and Settlement

20.501  Conferences.
20.502  Settlement.
20.503  Alternative dispute resolution.

                          Subpart F--Discovery

20.601  General.
20.602  Additional response.
20.603  Interrogatories.
20.604  Requests for production of documents or things for inspection or 
          other purposes.
20.605  Depositions.
20.606  Protective order.
20.607  Sanctions for failure to comply.
20.608  Subpoenas.
20.609  Motions to quash or modify.

                           Subpart G--Hearings

20.701  Standard of proof.
20.702  Burden of proof.
20.703  Presumptions.
20.704  Scheduling and notice of hearing.
20.705  Failure to appear.
20.706  Witnesses.
20.707  Telephone testimony.
20.708  Witness fees.
20.709  Closing of the record.
20.710  Proposed findings, closing arguments, and briefs.

                           Subpart H--Evidence

20.801  General.
20.802  Admissibility of evidence.
20.803  Hearsay evidence.
20.804  Objections and offers of proof.
20.805  Proprietary information.
20.806  Official notice.
20.807  Exhibits and documents.
20.808  Written testimony.
20.809  Stipulations.

                          Subpart I--Decisions

20.901  Summary decision.
20.902  Decision of the Administrative Law Judge.
20.903  Record of proceedings.
20.904  Reopening.

[[Page 69]]

                           Subpart J--Appeals

20.1001  General.
20.1002  Record on appeal.
20.1003  Procedures for appeal.
20.1004  Civil penalty appeal decisions.

  Subpart K--Finality, Petition for Hearing, and Availability of Orders

20.1101  Finality.
20.1102  Petitions to set aside a decision and provide a hearing.
20.1103  Availability of decisions.

    Authority: 33 U.S.C. 1321; 42 U.S.C. 9609; 49 CFR 1.46.

    Source: CGD 91-228, 59 FR 15022, Mar. 30, 1994, unless otherwise 
noted.



                           Subpart A--General



Sec. 20.101  Scope.

    (a) Except as specifically noted, these rules of practice and 
procedure apply to the following civil penalty proceedings before the 
United States Coast Guard:
    (1) Class II civil penalties assessed under section 311(b) of the 
Federal Water Pollution Control Act, (33 U.S.C. 1321(b)(6)).
    (2) Class II civil penalties assessed under section 109 of the 
Comprehensive Environmental Response, Compensation and Liability Act (42 
U.S.C. 9609(b)).
    (b) In the absence of a specific provision in this part, the Federal 
Rules of Civil Procedure will be generally followed.



Sec. 20.102  Definitions.

    Administrative Law Judge means any person designated by the 
Commandant under the Administrative Procedure Act (5 U.S.C. 556(b)) for 
the purpose of conducting hearings arising under 33 U.S.C. 1321(b) and 
42 U.S.C. 9609(b).
    Chief Administrative Law Judge means the Administrative Law Judge 
appointed as the Chief Administrative Law Judge of the U.S. Coast Guard 
by the Commandant.
    Civil penalty proceeding means a trial-type proceeding for the 
assessment of a civil penalty that offers an opportunity for an oral, 
fact-finding hearing before an Administrative Law Judge.
    Coast Guard Representative means a Coast Guard official who has been 
designated to prosecute a class II civil penalty.
    Commandant means the Commandant of the U.S. Coast Guard. The term 
Commandant includes the Vice-Commandant of the Coast Guard acting on 
behalf of the Commandant in any proceeding.
    Complaint means a document issued by a Coast Guard Representative 
alleging a violation for which a penalty may be administratively 
assessed under 33 U.S.C. 1321(b) or 42 U.S.C. 9609(b).
    Hearing Docket Clerk means an employee of the Office of the Chief 
Administrative Law Judge who is responsible for receiving documents, 
determining their completeness and legibility, and distributing them to 
the Administrative Law Judge and others, as required by this part.
    Interested person means a person who, as provided in Sec. 20.404, 
files written comments on a proposed class II civil penalty assessment 
or files written notice of intent to present evidence in any hearing 
held on the proposed class II civil penalty assessment.
    Mail includes U.S. first-class mail, U.S. certified mail, U.S. 
registered mail, or an express courier service.
    Motion means a request for an order or ruling from an Administrative 
Law Judge.
    Party means a respondent or the Coast Guard.
    Person includes an individual, partnership, corporation, 
association, public or private organization, or a government agency.
    Personal delivery includes hand delivery or use of a contract or 
express courier service. ``Personal delivery'' does not include the use 
of government interoffice mail service.
    Pleading means a complaint, an answer, any document and any 
amendment to a document permitted under this part.
    Respondent means a person charged with a violation in a complaint 
issued under this part.

[CGD 91-228, 59 FR 15022, Mar. 30, 1994, as amended by CGD 96-026, 61 FR 
33662, June 28, 1996]

[[Page 70]]



Sec. 20.103  Construction and waiver of rules.

    (a) These rules will be construed to secure a just, speedy, and 
inexpensive determination in every class II civil penalty proceeding.
    (b) Except to the extent that a waiver would be contrary to law, the 
Commandant, the Chief Administrative Law Judge or a presiding 
Administrative Law Judge may, after notice, waive any of these rules to 
prevent undue hardship or manifest injustice, or if the expeditious 
conduct of a case so requires.



                   Subpart B--Adminstrative Law Judges



Sec. 20.201  Assignment.

    An Administrative Law Judge, assigned by the Chief Administrative 
Law Judge following receipt of the complaint, shall preside over each 
class II civil penalty proceeding.



Sec. 20.202  Powers.

    The Administrative Law Judge shall have all powers necessary to the 
conduct of fair, expeditious, and impartial hearings, including the 
power to--
    (a) Administer oaths and affirmations;
    (b) Issue subpoenas authorized by law;
    (c) Rule on motions;
    (d) Order discovery as provided in this part;
    (e) Hold hearing or settlement conferences;
    (f) Regulate the course of hearings;
    (g) Call and question witnesses;
    (h) Issue decisions;
    (i) Exclude any person from a hearing or conference for disrespect, 
disorderly or rebellious conduct; and
    (j) Take any other action consistent with law and Coast Guard policy 
authorized by the Chief Administrative Law Judge.

[CGD 91-228, 59 FR 15022, Mar. 30, 1994; 59 FR 45757, Sept. 2, 1994]



Sec. 20.203  Unavailability.

    (a) In the event that an Administrative Law Judge is unable to 
perform the duties described in Sec. 20.202 or otherwise becomes 
unavailable, the Chief Administrative Law Judge shall designate a 
successor.
    (b) If a hearing has been commenced and an Administrative Law Judge 
is unable to proceed, a successor Administrative Law Judge may proceed 
with a hearing in a case. The successor Administrative Law Judge may, at 
the request of a party, recall any witness whose testimony is material 
and disputed and who is available to testify again without undue burden. 
The successor Administrative Law Judge may, within his or her 
discretion, recall any other witness.

[CGD 91-228, 59 FR 15022, Mar. 30, 1994; 59 FR 45757, Sept. 2, 1994]



Sec. 20.204  Withdrawal or disqualification.

    (a) An Administrative Law Judge may at any time disqualify herself 
or himself.
    (b) Prior to the filing of the Administrative Law Judge's decision, 
either party may move that the Administrative Law Judge disqualify 
herself or himself on the ground of personal bias or other 
disqualification, by filing with the Administrative Law Judge promptly 
upon discovery of the alleged facts an affidavit setting forth in detail 
the matters alleged to constitute grounds for disqualification.
    (1) The Administrative Law Judge shall rule upon the motion, stating 
the grounds for the ruling. If the Administrative Law Judge concludes 
that the motion is timely and has merit, the Administrative Law Judge 
shall disqualify herself or himself and withdraw from the proceeding. If 
the Administrative Law Judge does not disqualify herself or himself and 
withdraw from the proceeding, the Administrative Law Judge shall proceed 
with the proceeding, or if a hearing has been concluded, proceed with 
the issuance of a decision.
    (2) An Administrative Law Judge's denial of a motion for 
disqualification may be appealed to the Commandant at the conclusion of 
the hearing according to the procedures in subpart J of this part. When 
the appeal is made, the Administrative Law Judge forwards the motion and 
supporting affidavits or sworn statements with the ruling to the 
Commandant.

[[Page 71]]



Sec. 20.205  Ex parte communications.

    Ex parte communications are governed by section 557(d) of the 
Administrative Procedure Act (5 U.S.C. 557(d)).



Sec. 20.206  Separation of functions.

    (a) An Administrative Law Judge may not be responsible to or subject 
the supervision or direction of an officer, employee, or agent engaged 
in the performance of investigating or prosecuting functions for the 
Coast Guard.
    (b) No officer, employee, or agent of the Coast Guard engaged in the 
performance of investigations or prosecutorial functions in connection 
with any class II civil penalty proceeding shall, in that proceeding or 
one that is factually related, participate or advise in the decision of 
the Administrative Law Judge or the Commandant on appeal, except as a 
witness or counsel in the proceeding or appellate review.

[CGD 91-228, 59 FR 15022, Mar. 30, 1994; 59 FR 45757, Sept. 2, 1994]



                    Subpart C--Pleadings and Motions



Sec. 20.301  Representation.

    (a) A party may appear either without counsel or other 
representatives, by an attorney, or by other duly authorized 
representative. An attorney or other duly authorized representative 
shall file a notice of appearance. The notice must indicate--
    (1) The name of the case, including docket number if assigned;
    (2) The person on whose behalf the appearance is made; and
    (3) The person's and representative's mailing addresses and 
telephone numbers.
    (b) Notice, including the items listed in paragraph (a) of this 
section, must also be given for any withdrawal of appearance.
    (c) An attorney shall be a member in good standing of the bar of the 
highest court of a State, the District of Columbia, or any territory or 
commonwealth of the United States. A personal representation of 
membership is sufficient proof, unless otherwise ordered by the 
Administrative Law Judge.
    (d) Any person who is not an attorney shall file a statement setting 
forth the basis of his or her authority to act as a duly authorized 
representative. The Administrative Law Judge may deny appearance as a 
representative to any person whom the Administrative Law Judge finds 
does not possess the requisite qualifications to represent others or is 
lacking in character, integrity, or proper personal conduct.



Sec. 20.302  Filing of documents and other materials.

    (a) All documents and material relating to a class II civil penalty 
proceeding must be filed at the following address: Chief Administrative 
Law Judge, Commandant (G-CJ), U.S. Coast Guard, 2100 Second St., SW., 
Washington, DC 20593-0001. Attention: Hearing Docket Clerk. Phone: (202) 
267-2940, Fax: (202) 267-4753.
    (b) An executed original and one copy of each document (including 
exhibits and supporting affidavits) must be filed with the Hearing 
Docket Clerk. One additional copy of each filed document must be filed 
with the assigned Administrative Law Judge. Copies need not be signed, 
but the name of the person signing the original must be shown on each 
copy.
    (c) In the absence of the assignment of a case to an Administrative 
Law Judge, the Administrative Law Judge's copy will be filed with the 
Chief Administrative Law Judge.
    (d) Filing may be made by mail or personal delivery. Other methods, 
such as facsimile transmission or other electronic means, may be 
permitted at the discretion of the Hearing Docket Clerk or the 
Administrative Law Judge.
    (e) When the Hearing Docket Clerk determines that a document, or 
other material, offered for filing does not comply with requirements of 
this part, the Hearing Docket Clerk may decline to accept the document, 
or other material, for filing, and return it unfiled. Alternatively, the 
Hearing Docket Clerk may accept it, advise the person offering it of the 
deficiency, and require the deficiency to be corrected.



Sec. 20.303  Form and content of filed documents.

    (a) A filed document must identify clearly--
    (1) The title of the proceeding;

[[Page 72]]

    (2) The docket number of the case if one has been assigned;
    (3) A designation of the type of filing (e.g., petition, notice, 
motion to dismiss, etc.);
    (4) The name and designation of the filing party; and
    (5) The filer's address, telephone number, and facsimile 
transmission number (if any) and, if represented, the name, address, 
telephone number, and facsimile transmission number (if any) of the 
filer's representative.
    (b) All filed documents must be--
    (1) 8\1/2\ by 11 inches in size except, when necessary, tables, 
charts, and other attachments may be larger if folded to the size of the 
filed documents to which they are physically attached;
    (2) Printed on one side of the page and be clearly typewritten, 
printed, or otherwise reproduced by a process that produces permanent 
and plainly legible copies;
    (3) Double-spaced except for footnotes and long quotations, which 
may be single-spaced;
    (4) Have a left margin of at least 1\1/2\ inches and other margins 
of at least 1 inch; and
    (5) Bound on the left side, if bound.
    (c) All documents must be in the English language or, if in a 
foreign language, accompanied by a certified translation.
    (d) The original of every filed document must be signed by the 
submitting person or his or her attorney or representative. Except as 
otherwise provided, filed documents need not be verified or accompanied 
by an affidavit. The signature constitutes a certification by the 
signing person that he or she has read the filed document, that to the 
best of his or her knowledge, information, and belief the statements 
made in it are true, and that it is not intended to cause delay.



Sec. 20.304   Service of documents.

    (a) A copy of each document issued by the Administrative Law Judge 
in the proceeding is served upon each party. The Administrative Law 
Judge shall serve a copy of notices of hearings upon each interested 
person, as determined under Sec. 20.404. Unless otherwise provided in 
this part, a copy of each document filed with or issued by the 
Administrative Law Judge in the proceeding shall be provided to an 
interested person upon request by the interested person to the 
Administrative Law Judge.
    (b) Unless otherwise ordered by the Administrative Law Judge, one 
copy of all documents filed with the Hearing Docket Clerk must be served 
upon each party by the persons filing them.
    (c) Every document filed with the Hearing Docket Clerk and required 
to be served upon all parties must be accompanied by a certificate of 
service signed by or on behalf of the party or person making the 
service, stating that service has been made. Certificates of service 
should be in substantially the following form:

    I hereby certify that I have this day served the foregoing 
document(s) upon the following parties (or designated representatives) 
in this proceeding at the address indicated by (specify the method):

(1) [name/address]______________________________________________________
(2) [name/address]______________________________________________________
    Dated at ______, this ____ day of ______, 19____.

[Signature]
For_____________________________________________________________________
Capacity._______________________________________________________________

    (d) Service may be made by mail or personal delivery. Other methods 
of service, such as facsimile transmission or other electronic means, 
may be used, other than for service of the complaint and answer, at the 
discretion of the Administrative Law Judge. The Hearing Docket Clerk may 
place limitations on the times of and circumstances for service by 
facsimile transmission or other electronic means.
    (e) Unless otherwise ordered by the Administrative Law Judge, all 
documents filed in accordance with Sec. 20.302 must be served upon 
counsel and representatives or, if not represented, the persons 
themselves. Service upon counsel or representative will constitute 
service upon the person to be served.
    (f) Service must be made at the address of the counsel or 
representative, or, if not represented, at the last known address of the 
residence or principal place of business of the person to be served.

[[Page 73]]

    (g) If service is made by personal delivery, delivery is complete 
when the document is handed to the person to be served or delivered to 
the person's office during business hours or, if the person to be served 
has no office, is delivered to the person's residence and deposited in a 
conspicuous location. If service is by mail, facsimile transmission, or 
other electronic means, service is complete upon deposit in the mail or 
completion of the electronic transmission.
    (h) A document that was properly addressed, was sent in accordance 
with this subpart, and returned, showing that it was not claimed, or was 
refused, is deemed to have been served in accordance with this subpart. 
The service will be considered valid as of the date and the time that 
the document was deposited with a contract or express messenger, the 
document was mailed, or personal delivery of the document was refused.



Sec. 20.305   Amendment or supplementation of filed documents.

    (a) A party or interested person shall amend or supplement a 
previously filed pleading or document if the person learns of a material 
change that may affect the outcome of the class II civil penalty 
proceeding. However, no amendment will be allowed that would broaden the 
issues without an opportunity for the parties to reply to the amendment 
and to allow preparation for the broadened issues.
    (b) The Administrative Law Judge may approve other amendments or 
supplements to filed documents.
    (c) Parties shall notify the Hearing Docket Clerk, Administrative 
Law Judge, and all other parties or their representatives of any change 
of address.



Sec. 20.306  Computation of time.

    (a) In computing any period of time prescribed in this part, the day 
on which the designated period begins to run is not included. The last 
day of the period so computed is included unless it is a Saturday, 
Sunday, or Federal holiday. When the period of time prescribed is 7 days 
or less, intermediate Saturdays, Sundays, and Federal holidays are 
excluded in the computation.
    (b) If service or filing is by domestic mail, 3 days will be added 
to the designated period for response.
    (c) If service or filing is by mail to a foreign country, 20 days 
will be added to the designated period for response.
    (d) An Administrative Law Judge, for cause shown, may at any time in 
his or her discretion--
    (1) With or without motion or notice, order a time period extended 
if request for extension is made before the end of the original time 
period, or as extended by a previous order; or
    (2) Upon motion made after the expiration of the time period, permit 
the act to be done where the failure to act was excusable.



Sec. 20.307  Complaint.

    (a) The complaint must set forth--
    (1) The statute or regulation allegedly violated;
    (2) The pertinent facts involved; and
    (3) The amount of the requested class II civil penalty.
    (b) The Coast Guard Representative should request the place of 
hearing when filing the complaint.
    (c) The complaint must conform with the filing and service 
requirements of this subpart.



Sec. 20.308  Answer.

    (a) The respondent shall file a written answer to the complaint not 
later than 20 days after service of the complaint. The answer must 
conform with the filing and service requirements of this subpart.
    (b) The person filing an answer shall indicate whether he or she 
agrees with the place of hearing proposed in the complaint and, if 
necessary, shall request another location for the hearing when filing 
the answer.
    (c) An answer must state whether or not the respondent intends to 
contest any of the violations set forth in the complaint. The answer 
must include any affirmative defenses that the respondent intends to 
assert at the hearing.
    (1) The answer must admit or deny each numbered paragraph of the 
complaint. A statement that the person is

[[Page 74]]

without sufficient knowledge or information to admit or deny will have 
the effect of a denial. Except as provided in this paragraph, any 
allegation in the complaint that is not specifically denied in the 
answer is deemed admitted.
    (2) A general denial of the complaint is deemed a failure to file an 
answer.
    (d) A respondent's failure to file an answer without good cause will 
be deemed an admission of the truth of each allegation contained in the 
complaint.



Sec. 20.309  Motions.

    (a) A person applying for an order or ruling not specifically 
provided in this subpart shall do so by motion. All written motions must 
comply with the form, filing, and service requirements of this subpart. 
All motions must state clearly and concisely--
    (1) The purpose of and the relief sought by the motion;
    (2) The statutory or regulatory authority relied upon; and
    (3) The facts alleged to constitute the grounds requiring the relief 
requested.
    (b) A proposed order may be attached to a motion.
    (c) Motions must be in writing, except that a motion made at a 
hearing will be sufficient if stated orally upon the record unless the 
Administrative Law Judge directs that it be reduced to writing.
    (d) Except as otherwise provided in this part, a party must file any 
response to a motion within 10 days following service of a written 
motion. When a motion is made during a hearing, an oral response may be 
made at the hearing or in writing, within a reasonable time, as 
determined by the Administrative Law Judge.
    (e) Unless otherwise ordered by the Administrative Law Judge, the 
filing of a motion does not stay a proceeding.
    (f) Rulings will be made on the record either orally or in writing. 
The Administrative Law Judge may summarily deny dilatory, repetitive, or 
frivolous motions.



Sec. 20.310  Default by respondent.

    (a) A respondent may be found to be in default upon failure to file 
a timely answer to the complaint or, after motion, upon failure to 
appear at a conference or hearing without good cause being shown.
    (b) Any motion for default must conform to the rules of form, 
service, and filing of this subpart and must include a proposed 
decision. The respondent alleged to be in default has 20 days from 
service to file a reply to the motion.
    (c) Default by respondent constitutes, for purposes of the pending 
action only, an admission of all facts alleged in the complaint and a 
waiver of respondent's right to a hearing on such factual allegations.
    (d) Upon finding that a default has occurred, the Administrative Law 
Judge shall issue a decision against the defaulting party.
    (e) For good cause shown, the Administrative Law Judge may set aside 
a finding of a default.



Sec. 20.311  Withdrawal or dismissal.

    (a) A class II civil penalty proceeding may be withdrawn without any 
action by an Administrative Law Judge in the following manner:
    (1) By the filing of a stipulation by all parties who have appeared 
in the class II civil penalty proceeding;
    (2) By the filing of a notice of withdrawal by the Coast Guard 
Representative at any time before the respondent has served a responsive 
pleading; or
    (3) With respect to a complaint filed under section 311(b)(6) of the 
Federal Water Pollution Control Act (33 U.S.C. 1321(b)(6)), by the 
filing of a notice of withdrawal by the Coast Guard Representative at 
any time after the respondent has served a responsive pleading and prior 
to the issuance of an order of the Commandant assessing or denying a 
class II civil penalty, together with a certification by the 
Representative that the withdrawal is made in response to a request by 
the Attorney General that the Coast Guard refrain from administrative 
action, as provided in section 10(d) of Executive Order 12777 (56 FR 
54757, 3 CFR 1991 Comp., p. 351).
    (b) Unless otherwise stated in the stipulation or notice of 
withdrawal, a withdrawal under paragraph (a) of this section is without 
prejudice.
    (c) Except as provided in paragraph (a) of this section, a class II 
civil penalty proceeding may not be withdrawn

[[Page 75]]

except by an Administrative Law Judge upon such terms and conditions as 
the Administrative Law Judge deems proper.
    (d) Any party may move to dismiss the complaint, including a request 
for relief, for--
    (1) Failure of another party to comply with the requirements of this 
part or with any order of the Administrative Law Judge;
    (2) Failure to prosecute the civil penalty proceeding; or
    (3) Failure to show a right to relief based upon the facts or law.
    (e) A dismissal is the decision of the Administrative Law Judge.

[CGD 91-228, 59 FR 15022, Mar. 30, 1994; 59 FR 45757, Sept. 2, 1994]



                         Subpart D--Proceedings



Sec. 20.401  Initiation of class II civil penalty proceedings.

    A class II civil penalty proceeding is initiated when the complaint 
is filed with the Hearing Docket Clerk and served on the respondent.



Sec. 20.402  Public notice.

    Upon the filing of a complaint, the Coast Guard provides notice of 
the proposed issuance of an order assessing a class II civil penalty 
which is responsive to the complaint. The notice will be published in 
the Federal Register.



Sec. 20.403  Consolidation or severance of class II civil penalty proceedings.

    (a) An Administrative Law Judge may for good cause, with the 
approval of the Chief Administrative Law Judge and with notice and 
opportunity to object provided to all parties, consolidate any or all 
matters at issue in two or more class II civil penalty proceedings 
docketed under this part. Good cause includes cases where there are 
common parties or questions of fact and where such consolidation would 
expedite the cases, and the interests of justice would be served. 
Consolidation will not be granted if it will prejudice any rights 
available under this part or if it will affect the right of any party to 
raise issues that could have been raised if consolidation had not 
occurred.
    (b) Unless directed otherwise by the Chief Administrative Law Judge, 
the presiding Administrative Law Judge may in response to a motion or on 
his or her own motion, for good cause shown, order any class II civil 
penalty proceeding severed with respect to some or all parties, claims, 
and issues.



Sec. 20.404  Interested persons.

    (a) A person not a party to a class II civil penalty proceeding 
under this part, who wishes to be an interested person in the 
proceeding, must file with the Hearing Docket Clerk within 30 days after 
publication in the Federal Register of the public notice required by 
Sec. 20.402 either--
    (1) Written comments on the proceeding; or
    (2) Written notice of intent to present evidence at any hearing to 
be held in the proceeding.
    (b) For good cause shown, the Administrative Law Judge may accept 
late comments or late notice of intent to present evidence.
    (c) An interested person shall be given notice of any hearing to be 
held in the proceeding and of the decision in the proceeding. In any 
hearing the interested person shall have a reasonable opportunity to be 
heard and to present evidence
    (d) For the purposes of paragraph (c) of this section, a reasonable 
opportunity to be heard and to present evidence does not include--
    (1) Subpoena requests for witnesses;
    (2) Cross-examination of witnesses; or
    (3) Appearance at settlement conference(s).



                  Subpart E--Conferences and Settlement



Sec. 20.501  Conferences.

    (a) The Administrative Law Judge may direct the parties to attend 
one or more conferences prior to or during the course of the hearing. 
Parties may request a conference by motion.
    (b) The Administrative Law Judge may provide notice of a conference, 
other than a settlement conference, to interested persons, as the 
Administrative Law Judge deems appropriate.
    (c) Reasonable notice of the time and place of the conference will 
be given to the parties. A conference may be held

[[Page 76]]

in person, by telephone conference, or by other appropriate means.
    (d) Parties and interested persons when participating, shall be 
fully prepared for a useful discussion of all issues involved in the 
conference, both procedural and substantive, and authorized to make 
commitments with respect to the proceedings.
    (e) Unless excused by the Administrative Law Judge, failure of a 
party to attend or participate in a conference, after being served with 
reasonable notice of the time and place, will constitute a waiver of all 
objections to the agreements reached in the conference and to any order 
or ruling that results.
    (f) The Administrative Law Judge may order that any or all of the 
following be addressed or furnished before, during, or after, the 
conference:
    (1) Motions for discovery.
    (2) Motions for consolidation or severance of parties or issues in 
the civil penalty proceeding.
    (3) Method of service and filing.
    (4) Identification, simplification, and clarification of the issues.
    (5) Requests for amendment of the pleadings.
    (6) Stipulations and admissions of fact and of the content and 
authenticity of documents.
    (7) A discussion of the desirability of limiting and grouping 
witnesses, so as to avoid duplication.
    (8) Requests for official notice and particular matters to be 
resolved by reliance upon the agency's substantive standards, 
regulations, and rules.
    (9) Offers of settlement.
    (10) Proposed date, time, and place of the hearing.
    (11) Other matters that may aid in the disposition of the civil 
penalty proceeding.
    (g) A conference is not to be stenographically reported or otherwise 
recorded unless authorized by the Administrative Law Judge.
    (h) During a conference, the Administrative Law Judge may dispose of 
any procedural matters on which he or she is authorized to rule.
    (i) Actions taken as a result of a conference may be recorded in--
    (1) A written report;
    (2) A stenographic transcript if ordered by the Administrative Law 
Judge; or
    (3) A statement by the Administrative Law Judge on the record at the 
hearing summarizing the actions taken.



Sec. 20.502  Settlement.

    (a) The parties shall have the opportunity to submit a proposed 
settlement to the Administrative Law Judge.
    (b) A settlement must be in the form of a proposed decision and a 
motion for its entry. It must also include the reasons why it should be 
accepted, and it must be signed by the parties or their representatives.
    (c) A proposed settlement must contain--
    (1) An admission of all jurisdictional facts;
    (2) An express waiver of further procedural steps before the 
Administrative Law Judge, of any right to challenge or contest the 
validity of the decision entered into in accordance with the settlement, 
and of all rights to seek judicial review or otherwise to contest the 
validity of the decision;
    (3) A statement that the decision will have the same force and 
effect as a decision made after at a full hearing; and
    (4) A statement that matters in the pleading, if any, required to be 
adjudicated have been resolved by the proposed decision.



Sec. 20.503  Alternative dispute resolution.

    The Administrative Law Judge may appoint a settlement adjudicator or 
order alternative dispute resolution proceeding with the consent of all 
parties.



                          Subpart F--Discovery



Sec. 20.601  General.

    (a) Unless otherwise ordered by the Administrative Law Judge, each 
party and interested person who has filed written notice of intent to 
present evidence under Sec. 20.404 shall make available to all other 
parties, to the Administrative Law Judge and, upon request, to 
interested persons--
    (1) The names of any expert and other witnesses intended to be 
called,

[[Page 77]]

together with a brief narrative summary of their expected testimony or 
written testimony; and
    (2) Copies of all documents and exhibits which are to be introduced 
into evidence.
    (b) The Administrative Law Judge may direct the exchange of witness 
lists and documents during a prehearing conference ordered under 
Sec. 20.501 or may direct the exchange be accomplished by 
correspondence.
    (c) The Administrative Law Judge may establish a schedule for 
conducting discovery in the proceedings and shall serve a copy of the 
schedule on each party.
    (1) The schedule may include dates by which exchanges of witness 
lists and exhibits, requests for discovery, and any objections to 
discovery requests are to be filed.
    (2) Unless otherwise ordered by the Administrative Law Judge, 
exchange of witness lists and documents shall be completed no less than 
15 days prior to hearing, and final exchanges of proposed exhibits 
should be made in accordance with Sec. 20.807.
    (d) Further discovery shall be permitted only by order upon 
determination by the Administrative Law Judge--
    (1) That such discovery will not in any way unreasonably delay the 
proceeding;
    (2) That the information to be obtained is not otherwise obtainable;
    (3) That such information has significant probative value;
    (4) That the information requested is not cumulative or repetitious; 
and
    (5) That the method or scope of discovery requested by the party is 
not unduly burdensome or expensive and is the least burdensome method 
available.
    (e) A motion for discovery shall set forth--
    (1) The circumstances warranting the taking of the discovery;
    (2) The nature of the information expected to be discovered; and
    (3) The proposed method of discovery and the time and place where it 
will be taken.
    (f) If the Administrative Law Judge determines that the motion 
should be granted, the Administrative Law Judge shall issue an order for 
the taking of discovery together with conditions and terms.



Sec. 20.602  Additional response.

    (a) A party or an interested person shall amend or supplement in a 
timely fashion--
    (1) The documents and exhibits that the party or interested person 
intends to introduce into evidence;
    (2) The identity of each person expected to be called as a witness, 
the subject matter on which the person is expected to testify, and a 
summary of the testimony; and
    (3) Any information previously provided if--
    (i) The party or interested person knows the information was 
incorrect or incomplete when made; or
    (ii) The party or interested person knows that the information, 
though correct when made, is no longer accurate and the circumstances 
are such that a failure to amend or supplement the response is, in 
substance, a knowing concealment.
    (b) An additional duty to amend or supplement may be imposed by 
order of the Administrative Law Judge.



Sec. 20.603  Interrogatories.

    (a) Any party requesting interrogatories shall make a motion to the 
Administrative Law Judge. The motion must include--
    (1) A statement of the purpose and general scope of the 
interrogatories; and
    (2) The proposed interrogatories.
    (b) The Administrative Law Judge will review the proposed 
interrogatories and may enter an order approving the service of some or 
all of the proposed interrogatories or may deny the motion.
    (c) A party shall serve on the party named in the interrogatories 
the approved written interrogatories.
    (d) Each interrogatory must be answered separately and fully in 
writing under oath or affirmation, unless it is objected to, in which 
event the reasons for the objection shall be stated instead of a 
response. A party, the party's attorney, or the party's representative 
shall sign the party's responses to interrogatories.

[[Page 78]]

    (e) Responses or objections must be filed within 30 days after the 
service of the interrogatories.
    (f) If the response to an interrogatory may be derived or 
ascertained from the records of the party upon whom the interrogatory 
has been served, from an examination, audit, or inspection of such 
records, or from a compilation, abstract, or summary based thereon, and 
the burden of deriving or ascertaining the response is substantially the 
same for the party serving the interrogatory as for the party served, it 
is a sufficient response to specify the records from which the answer 
may be derived or ascertained. The party serving the interrogatory shall 
be afforded reasonable opportunity to examine, audit, or inspect the 
records and to make copies, compilations, abstracts, or summaries. The 
specification must include sufficient detail to permit the interrogating 
party to locate and identify the individual records from which the 
answer may be ascertained.



Sec. 20.604  Requests for production of documents or things for inspection or other purposes.

    (a) Any party requesting production of documents or things for 
inspection or other purposes shall make a motion to the Administrative 
Law Judge. The motion must state with particularity--
    (1) The purpose and scope of the request; and
    (2) The documents and materials which are requested to be produced.
    (b) The Administrative Law Judge will review the motion and may 
enter an order approving or denying the motion in whole or in part.
    (c) A party shall serve on the party in possession, custody or 
control of the documents the order to produce, or to permit inspection 
and copying of documents.
    (d) A party may, after approval of an appropriate motion by the 
Administrative Law Judge, inspect and copy, test, or sample any tangible 
things that contain or may lead to relevant information and that are in 
the possession, custody, or control of the party upon whom the request 
is served.
    (e) A party may, after approval of an appropriate motion by the 
Administrative Law Judge, serve on another party a request to permit 
entry upon designated property in the possession or control of the party 
upon whom the request is served for the purpose of inspecting, 
measuring, surveying, photographing, testing, or sampling the property 
or any designated object or area. A request to permit entry upon 
property must set forth with reasonable particularity the item to be 
inspected and must specify a reasonable time, place, and manner for 
making the inspection and performing the related acts.
    (f) The party upon whom the request is served shall respond within 
30 days after the service of the request. Inspection and related 
activities will be permitted as requested, unless there are objections, 
in which case the reasons for each objection must be stated.



Sec. 20.605  Depositions.

    (a) The Administrative Law Judge shall order depositions only upon a 
showing of good cause and upon a finding that--
    (1) The information sought cannot be obtained more readily by 
alternative methods; or
    (2) There is a substantial reason to believe that relevant and 
probative evidence may otherwise not be preserved for presentation by a 
witness at the hearing.
    (b) Testimony may be taken by deposition upon approval of the 
Administrative Law Judge of a motion made by any party.
    (1) The motion must state--
    (i) The purpose and scope of the deposition;
    (ii) The time and place it is to be taken;
    (iii) The name and address of the person before whom the deposition 
is to be taken;
    (iv) The name and address of each witness from whom a deposition is 
to be taken;
    (v) The documents and materials which the witness is requested to 
produce; and
    (vi) Whether it is intended that the deposition be used at a hearing 
instead of live testimony.
    (2) The motion must state if the deposition is to be by oral 
examination, by

[[Page 79]]

written interrogatories, or a combination of the two. The deposition may 
be taken before any disinterested person authorized to administer oaths 
in the place where the deposition is to be taken.
    (c) Upon a showing of good cause the Administrative Law Judge may 
enter and serve upon the parties an order to obtain the testimony of the 
witness.
    (d) If the deposition of a public or private corporation, 
partnership, association, or governmental agency is ordered, the 
organization named must designate one or more officers, directors, or 
agents to testify on its behalf, and may set forth, for each person 
designated, the matters on which he or she will testify. Subject to the 
provisions of 49 CFR part 9 with respect to Coast Guard witnesses, the 
designated persons shall testify as to matters reasonably known to them.
    (e) Each witness deposed shall be placed under oath or affirmation, 
and the other parties shall have the right to cross-examine.
    (f) The witness being deposed may have counsel or another 
representative present during the deposition.
    (g) Except as provided in paragraph (n) of this section, depositions 
shall be stenographically recorded and transcribed at the expense of the 
party requesting the deposition. Unless waived by the deponent, the 
transcription must be read by or read to the deponent, subscribed by the 
deponent, and certified by the person before whom the deposition was 
taken.
    (h) Subject to objections to the questions and responses as were 
noted at the time of taking of the deposition and which would have been 
sustained if the witness were personally present and testifying, a 
deposition may be offered into evidence by the party taking it against 
any party who was present or represented at the taking of the deposition 
or who had notice of the deposition.
    (i) The party requesting the deposition shall make appropriate 
arrangements for necessary facilities and personnel.
    (j) During the taking of a deposition, a party or the witness may 
request suspension of the deposition on the grounds of bad faith in the 
conduct of the examination, oppression of the witness or party, or 
improper questioning or conduct. Upon request for suspension, the 
deposition will be adjourned. The objecting party or witness must 
immediately move the Administrative Law Judge for a ruling on the 
objection(s). The Administrative Law Judge may then limit the scope or 
manner of taking the deposition.
    (k) When a deposition is taken in a foreign country, it may be taken 
before a person having power to administer oaths in that location, or 
before a secretary of an embassy or legation, consul general, consul, 
vice consul or consular agent of the United States, or before such other 
person or officer as may be agreed upon by the parties by written 
stipulation filed with the Administrative Law Judge.
    (l) Objection to taking a deposition because of the disqualification 
of the officer before whom it is to be taken is waived unless made 
before the taking of the deposition begins or as soon thereafter as the 
disqualification becomes known or could have been discovered with 
reasonable diligence.
    (m) A deposition may be taken by telephone conference call upon such 
terms, conditions, and arrangements as are prescribed in the order of 
the Administrative Law Judge.
    (n) The testimony at a deposition hearing may be recorded on 
videotape, upon such terms, conditions and arrangements as are 
prescribed in the order of the Administrative Law Judge, at the expense 
of the party requesting the recording. The video recording may be in 
conjunction with an oral examination by telephone conference held 
pursuant to paragraph (m) of this section. After the deposition has been 
taken, and copies of the video recording are provided to parties 
requesting them, the person recording the deposition shall immediately 
place the videotape in a sealed envelope or a sealed videotape 
container, attaching to it a statement identifying the proceeding and 
the deponent and certifying as to the authenticity of the video 
recording, and return the videotape by accountable means to the 
Administrative Law Judge. The deposition becomes a part of the record of 
the proceedings in the

[[Page 80]]

same manner as a transcribed deposition. The videotape, if admitted into 
evidence, will be played during the hearing and transcribed into the 
record by the reporter.



Sec. 20.606   Protective order.

    (a) In considering a motion for an order of discovery, or a motion 
by a party or the person from whom discovery is sought to reconsider or 
amend an order of discovery, the Administrative Law Judge may make any 
order that justice requires to protect a party or person from annoyance, 
embarrassment, oppression, or undue burden or expense, including--
    (1) That the discovery may be had only on specified terms and 
conditions, including a designation of the time and place;
    (2) That the discovery may be had only by a method of discovery 
other than that selected by the seeking party;
    (3) That particular matters may not be inquired into, or that the 
scope of the discovery shall be limited to particular matters;
    (4) That discovery shall be conducted with no one present except 
persons designated by the Administrative Law Judge;
    (5) That a trade secret or other proprietary information may not be 
disclosed, may be disclosed only in a designated way, or may be 
disclosed only to designated persons; or
    (6) That the party or the other person from whom discovery is sought 
file specified documents or information under seal to be opened as 
directed by the Administrative Law Judge.
    (b) The Administrative Law Judge may permit a party or a person from 
whom discovery is sought and who is seeking a protective order to make 
all or part of the showing of good cause in camera. A record of the in 
camera proceedings must be made. If the Administrative Law Judge enters 
a protective order, any in camera record of the showing must be sealed 
and only released as required by law.
    (c) The Administrative Law Judge may upon motion by a party or by a 
person from whom discovery is sought--
    (1) Restrict or defer disclosure by a party of the name of a witness 
or, in the case of an agency witness, any prior statement of the 
witness; and
    (2) Prescribe other appropriate measures to protect a witness.
    (d) Any party affected by any such order shall have an adequate 
opportunity, once learning of the name of the witness and obtaining a 
narrative summary of expected testimony, or in the case of a Coast Guard 
witness, any prior statement or statements, to prepare for cross-
examination and for the presentation of the party's case.



Sec. 20.607  Sanctions for failure to comply.

    If a party fails to provide or permit discovery, the Administrative 
Law Judge may take such action as is just, including but not limited to 
the following:
    (a) Infer that the testimony, document, or other evidence would have 
been adverse to the party.
    (b) Order that, for the purposes of the class II civil penalty 
proceeding, designated facts will be considered to be established.
    (c) Order that the party withholding discovery not introduce into 
evidence or otherwise rely, in support of any claim or defense, upon 
documents or other evidence withheld.
    (d) Order that the party withholding discovery not introduce into 
evidence, or otherwise use in the hearing, information obtained in 
discovery.
    (e) Order that the party withholding discovery not be heard to 
object to introduction and use of secondary evidence to show what the 
withheld admission, testimony, documents, or other evidence would have 
shown.



Sec. 20.608  Subpoenas.

    (a) The Administrative Law Judge may issue subpoenas for the 
attendance and the giving of testimony or for the production of books, 
papers, documents, or any other relevant evidence. Parties shall request 
the issuance of subpoenas by motion.
    (b) Upon application and for good cause shown, the Administrative 
Law Judge shall apply to the United States District Court to issue an 
order compelling the appearance and testimony

[[Page 81]]

of witnesses or for the production of evidence.
    (c) The person making service shall prepare a written statement 
setting forth the date, time and manner of service or setting forth the 
reasons the subpoena was not served. The statement shall be under oath 
or affirmed under the penalties of perjury. The statement shall be 
attached to a copy of the subpoena and returned to the Administrative 
Law Judge who issued the subpoena.



Sec. 20.609  Motions to quash or modify.

    (a) The person to whom a subpoena is directed may, by motion with 
notice to the party requesting the subpoena, petition the Administrative 
Law Judge to quash or modify the subpoena.
    (b) Except when made at a hearing, the motion must be filed within 
10 days after service of a subpoena for attendance of a witness or a 
subpoena for production of evidence, but in any event at or before the 
time specified in the subpoena for compliance.
    (c) If served at the hearing, the person to whom the subpoena is 
directed may, by oral application at the hearing, or within a reasonable 
time fixed by the Administrative Law Judge, petition the Administrative 
Law Judge to quash or modify the subpoena.
    (d) The Administrative Law Judge may quash or modify the subpoena if 
it is unreasonable or requires evidence not relevant to any matter in 
issue or may deny the request.



                           Subpart G--Hearings



Sec. 20.701  Standard of proof.

    The party with the burden of proof shall prove the party's case or 
affirmative defense by a preponderance of the evidence.



Sec. 20.702  Burden of proof.

    (a) Except in the case of an affirmative defense, or as provided in 
paragraph (b) of this section, the burden of proof is on the Coast 
Guard.
    (b) Except as otherwise provided by statute or rule, the proponent 
of a motion, request, or order has the burden of proof.



Sec. 20.703  Presumptions.

    In all class II civil penalty proceedings, a presumption imposes on 
the party against whom it is directed the burden of going forward with 
evidence to rebut or meet the presumption, but a presumption does not 
shift to such party the burden of proof in the sense of the risk of 
nonpersuasion, which remains throughout the hearing upon the party on 
whom it was originally placed.



Sec. 20.704  Scheduling and notice of hearing.

    (a) The Administrative Law Judge shall be responsible for scheduling 
the hearing. With due regard for the convenience of the parties, their 
representatives, or witnesses, the Administrative Law Judge, as early as 
possible, shall fix the time, place, and date for the hearing and shall 
notify all parties and interested persons.
    (b) A request for a change in the time, place, or date of a hearing 
may be granted by the Administrative Law Judge.
    (c) At any time after commencement of a proceeding, any party may 
move to expedite the scheduling of a proceeding. A party moving to 
expedite a proceeding shall--
    (1) Describe the circumstances justifying the motion to expedite; 
and
    (2) Incorporate in the motion affidavits to support any 
representations of fact.
    (d) Following timely receipt of the motion and any responses, the 
Administrative Law Judge may expedite pleading schedules, prehearing 
conferences, and the hearing, as appropriate.



Sec. 20.705  Failure to appear.

    A default under Sec. 20.310 may be entered against a respondent 
failing to appear at a hearing unless--
    (a) Prior to the time for the hearing, the respondent shows good 
cause as to why neither the respondent nor the respondent's 
representative can appear; or
    (b) Within 30 days of an order to show good cause, the respondent 
shows good cause for failure to appear.

[[Page 82]]



Sec. 20.706  Witnesses.

    (a) Witnesses shall testify under oath or affirmation.
    (b) If a witness fails or refuses to testify, the failure or refusal 
to answer any question found by the Administrative Law Judge to be 
proper shall be grounds for striking all or part of the testimony which 
may have been given by the witness, or for any other action deemed 
appropriate by the Administrative Law Judge.



Sec. 20.707  Telephone testimony.

    (a) The Administrative Law Judge may order that testimony of a 
witness be taken by telephone conference call. A person presenting 
evidence may request by motion to have testimony taken by telephone 
conference call. The telephone conference call will be arranged so that 
all participants can listen to and speak to each other in the hearing of 
the Administrative Law Judge. The Administrative Law Judge shall ensure 
that all participants in the telephone conference are properly 
identified to allow a proper record to be made by the reporter. 
Telephone conferences are governed by this part.
    (b) A witness may be subpoenaed to testify by telephone conference 
call. The subpoena in such instances is issued under the procedures in 
Sec. 20.608.



Sec. 20.708  Witness fees.

    (a) Witnesses summoned in a class II civil penalty proceeding shall 
receive the same fees and mileage as witnesses in the courts of the 
United States.
    (b) The party or interested person who calls a witness is 
responsible for any fees and mileage to be received by the witness under 
paragraph (a) of this section.



Sec. 20.709  Closing of the record.

    At the conclusion of the hearing, the record of the proceeding, as 
described in Sec. 20.903, will be closed unless the Administrative Law 
Judge directs otherwise. Once the record is closed, it may be reopened 
at the discretion of the Administrative Law Judge. The Administrative 
Law Judge may correct the transcript of the hearing by appropriate 
order.



Sec. 20.710  Proposed findings, closing arguments, and briefs.

    Before the Administrative Law Judge's decision and upon terms which 
the Administrative Law Judge may find reasonable, any party shall be 
entitled to file a brief, a proposed findings of fact and conclusions of 
law, or both. Before the close of the hearing, the Administrative Law 
Judge may hear oral argument to the extent the Administrative Law Judge 
deems appropriate. Any brief, proposed findings of fact and conclusions 
of law, and oral argument must be included as part of the record of the 
proceeding.



                           Subpart H--Evidence



Sec. 20.801  General.

    A party is entitled to present its case or defense by oral, 
documentary, or demonstrative evidence; to submit rebuttal evidence; and 
to conduct any cross-examination that may be required for a full and 
true disclosure of the facts.



Sec. 20.802  Admissibility of evidence.

    (a) The Administrative Law Judge may admit any relevant oral, 
documentary, or physical evidence, unless privileged.
    (b) Relevant evidence is evidence having any tendency to make the 
existence of any material fact more probable or less probable than it 
would be without the evidence.
    (c) The Administrative Law Judge may exclude evidence if its 
probative value is substantially outweighed by the danger of unfair 
prejudice, by confusion of the issues, or by considerations of undue 
delay, waste of time, or needless presentation of cumulative evidence.



Sec. 20.803  Hearsay evidence.

    Hearsay evidence is admissible in proceedings governed by this part. 
The fact that evidence is hearsay may be considered by the 
Administrative Law Judge when determining the probative weight of the 
evidence.



Sec. 20.804  Objections and offers of proof.

    (a) A party shall state briefly the grounds for objection to the 
admission or exclusion of evidence. Rulings on all

[[Page 83]]

objections must appear in the record. Only objections made before the 
Administrative Law Judge may be raised on appeal.
    (b) Whenever evidence is excluded, the party offering such evidence 
may make an offer of proof, which must be included in the record.



Sec. 20.805  Proprietary information.

    (a) Without limiting the discretion of the Administrative Law Judge 
to give effect to applicable privileges, the Administrative Law Judge 
may limit introduction of evidence or issue such protective or other 
orders that in his or her judgment may be consistent with the objective 
of preventing undue disclosure of proprietary matters, including, but 
not limited to, matters of a business nature.
    (b) Where the Administrative Law Judge determines that information 
in documents containing proprietary matters should be made available to 
another party, the Administrative Law Judge may direct the party having 
possession of the documents to prepare a non-proprietary summary or 
extract of the original. The summary or extract may be admitted as 
evidence in the record.
    (c) If the Administrative Law Judge determines that this procedure 
is inadequate and that proprietary matters must form part of the record 
in order to avoid prejudice to a party, the Administrative Law Judge may 
advise the parties and provide opportunity for arrangements to permit a 
party or representative to have access to the evidence.

[CGD 91-228, 59 FR 15022, Mar. 30, 1994; 59 FR 45757, Sept. 2, 1994]



Sec. 20.806  Official notice.

    The Administrative Law Judge may take official notice of such 
matters as might be judicially noticed by the courts or of other facts 
within the specialized knowledge of the Coast Guard as an expert body. 
Where a decision or part of a decision rests on the official notice of a 
material fact not appearing in the evidence in the record, the fact of 
official notice must be stated in the decision, and any party, upon 
timely request, shall be afforded an opportunity to show the contrary.



Sec. 20.807  Exhibits and documents.

    (a) All exhibits must be numbered and marked with a designation 
identifying the party or interested person introducing the exhibit. The 
original of each exhibit offered in evidence or marked for 
identification must be filed and retained in the record of the 
proceeding, unless the Administrative Law Judge permits the substitution 
of copies for the original document. Copies of each exhibit must be 
supplied by the party or interested person introducing the exhibit to 
the Administrative Law Judge and to every party to the proceeding.
    (b) Unless otherwise directed by the Administrative Law Judge, 
proposed exhibits to be offered upon direct examination should be 
exchanged or made available for inspection 5 days prior to the hearing. 
The authenticity of all exhibits submitted prior to the hearing will be 
deemed admitted unless written objection is filed and served on all 
parties, or unless good cause is shown for failure to file a written 
objection.



Sec. 20.808  Written testimony.

    The Administrative Law Judge may enter into the record written 
statements of witnesses that are sworn or affirmed under penalties of 
perjury. Witnesses whose testimony is presented by written statement 
shall be or have been available for oral cross-examination.



Sec. 20.809  Stipulations.

    The parties and interested persons may stipulate, in writing, at any 
stage of the proceeding or orally at the hearing, to any pertinent facts 
or other matters fairly susceptible of stipulation. Stipulations are 
binding on the parties to the stipulation.



                          Subpart I--Decisions



Sec. 20.901  Summary decision.

    (a) Any party may, after commencement of the proceeding and at least 
15 days before the date fixed for the hearing, with or without 
supporting affidavits, move for a summary decision in the party's favor 
in all or any part of the proceeding on the grounds that

[[Page 84]]

there is no genuine issue as to any material fact and that the moving 
party is entitled to a decision as a matter of law. Any other party may, 
within 10 days after service of the motion, serve opposing affidavits or 
countermove for summary decision. The Administrative Law Judge may set 
the matter for argument and call for the submission of briefs.
    (b) The Administrative Law Judge may grant the motion if the filed 
documents, affidavits, material obtained by discovery or otherwise, or 
matters officially noted show that there is no genuine issue as to any 
material fact and that a party is entitled to a summary decision as a 
matter of law.
    (c) Affidavits must set forth such matters as would be admissible in 
evidence and must show affirmatively that the affiant is competent to 
testify to the matters stated in the affidavit. When a motion for 
summary decision is made and supported as provided in this section, a 
party opposing the motion may not rest upon the mere allegations or 
denials of facts contained in the opposing party's pleadings. The 
response to the motion, by affidavits or as otherwise provided in this 
section, must provide a specific basis to show that there is a genuine 
issue of fact for the hearing.
    (d) Should it appear from the affidavits of a party opposing the 
motion that the opposing party cannot, for reasons stated, present by 
affidavit matters essential to justify the party's opposition, the 
Administrative Law Judge may deny the motion for summary decision, may 
order a continuance to permit information to be obtained, or may make 
such other order as is just.
    (e) The denial of all or any part of a motion for summary decision 
shall not be subject to interlocutory appeal.



Sec. 20.902  Decision of the Administrative Law Judge.

    (a) After the closing of the record of the proceeding, the 
Administrative Law Judge shall prepare a decision containing--
    (1) Findings on all material issues of fact and conclusions of law, 
and the basis for each;
    (2) The disposition of the case, including the assessment of a class 
II civil penalty, as appropriate;
    (3) The date upon which the decision will become effective;
    (4) A statement of further right to appeal; and
    (5) If no hearing was held, a statement of the right of any 
interested person to petition the Commandant to set aside the decision.
    (b) The decision of the Administrative Law Judge must be based upon 
a consideration of the whole record of the proceedings.



Sec. 20.903  Record of proceedings.

    (a) The record of testimony at the hearing, all exhibits received 
into evidence, any items marked as exhibits and not received into 
evidence, all motions, all applications, all requests, and all rulings 
will constitute the official record of a proceeding. Any proceedings 
regarding the disqualification of an Administrative Law Judge will be 
included in the record.
    (b) Any person may examine the record of a proceeding at the Hearing 
Docket Office, U.S. Coast Guard Headquarters, 2100 Second Street, SW., 
Washington, DC 20593-0001. Any person may secure a copy of part or all 
of the record after payment of reasonable costs for duplication in 
accordance with 49 CFR part 7.

[CGD 91-228, 59 FR 15022, Mar. 30, 1994; 59 FR 45757, Sept. 2, 1994]



Sec. 20.904  Reopening.

    (a) To the extent permitted by law, the Administrative Law Judge, 
for good cause shown in accordance with paragraph (c) of this section, 
may reopen the record of a proceeding for the purpose of taking 
additional evidence.
    (b) Any party may file a motion to reopen the record within 30 days 
of the closing of the record of a proceeding.
    (1) Any motion to reopen the record must clearly set forth the facts 
sought to be proven and the reasons claimed to constitute grounds for 
reopening the record.
    (2) A party who does not file a response to any motion to reopen the 
record will be deemed to have waived any objection to the motion.

[[Page 85]]

    (c) If the Administrative Law Judge has reason to believe that 
reopening the record of a proceeding is warranted by any changes in 
conditions of fact or of law or by the public interest, the record of 
the proceeding may be reopened by the Administrative Law Judge before 
the Administrative Law Judge's decision becomes an order of the 
Commandant assessing or denying a class II civil penalty.
    (d) The filing of a motion to reopen the record does not affect the 
appeals periods specified in subpart J of this part, except that a 
motion to reopen the record tolls any time remaining in the appeals 
periods from the date of filing the motion until the Administrative Law 
Judge acts on the motion or the motion is withdrawn.



                           Subpart J--Appeals



Sec. 20.1001  General.

    (a) A party may appeal the Administrative Law Judge's decision by 
filing a notice of appeal with the Commandant. A party shall file the 
notice of appeal with the Commandant (G-CJ), U.S. Coast Guard 
Headquarters, 2100 Second Street, SW., Washington, DC 20593-0001, 
Attention: Hearing Docket Clerk. A party shall file the notice of appeal 
not later than 30 days after issuance of the Administrative Law Judge's 
decision, and shall serve a copy of the notice of appeal on the other 
party and each interested person.
    (b) A party may appeal only the following issues:
    (1) Whether each finding of fact is supported by substantial 
evidence.
    (2) Whether each conclusion of law is made in accordance with 
applicable law, precedent, and public policy.
    (3) Whether there were any abuses of discretion by the 
Administrative Law Judge.
    (4) The Administrative Law Judge's denial of a motion for 
disqualification.
    (c) An interested person may appeal a summary decision but only on 
the issue that a hearing was not held and that evidence to be presented 
by the interested person was not considered in the issuance of the 
decision by the Administrative Law Judge. The appeal shall be made in 
accordance with the procedural requirements of this subpart.



Sec. 20.1002  Record on appeal.

    (a) The record of the proceeding will constitute the record for 
decision on appeal.
    (b) If the respondent requests a copy of the transcript of the 
hearing in the notice of appeal and the hearing was recorded or 
transcribed at government expense, the transcript will be provided upon 
payment of the fees prescribed in 49 CFR 7.95. If the services of a 
government contractor were utilized, the transcript must be obtained 
under the provisions of 49 CFR 7.99.



Sec. 20.1003  Procedures for appeal.

    (a) A party seeking appeal shall file an appeal brief with the 
Commandant and shall serve a copy of the appeal brief on each other 
party.
    (1) The appeal brief must set forth the party's specific objections 
to the initial decision or rulings. The appeal brief must set forth, in 
detail--
    (i) The basis for the appeal;
    (ii) The reasons supporting the appeal; and
    (iii) The relief requested in the appeal.
    (2) When the party relies on material contained in the record for 
the appeal, the appeal brief must specifically refer to the pertinent 
portions of the record.
    (3) The appeal brief must be submitted to the Commandant within 60 
days after service of the Administrative Law Judge's decision. After 
this time has elapsed, additional filings will not be considered as a 
part of the record of the appeal, unless an extension of time has been 
granted in writing by the Commandant or the Commandant's designee and 
the extended time limit has been met.
    (b) Any party may file a reply brief with the Commandant no later 
than 35 days after being served with the appeal brief. The party filing 
a reply brief will serve a copy on all parties. If the party filing a 
reply brief relies on evidence contained in the record for the appeal, 
the party shall specifically refer to the pertinent evidence contained 
in the transcript of the hearing in the reply brief.

[[Page 86]]

    (c) A party may not file more than one appeal brief or reply brief, 
unless the party has petitioned the Commandant in writing, and the 
Commandant or the Commandant's designee has granted leave to file an 
additional brief. The Commandant will allow a reasonable time for the 
party to file the additional brief.
    (d) The Commandant has sole discretion to permit oral argument on 
the appeal. On the Commandant's own initiative or upon written petition 
by any part, the Commandant may find that oral argument will contribute 
substantially to the development of the issues on appeal and may grant 
the parties an opportunity for oral argument.
    (e) The Commandant may allow any person to file an amicus curiae 
brief in an appeal of an Administrative Law Judge's decision.

[CGD 91-228, 59 FR 15022, Mar. 30, 1994; 59 FR 45757, Sept. 2, 1994]



Sec. 20.1004  Civil penalty appeal decisions.

    (a) The Commandant shall review the record on appeal to determine if 
the Administrative Law Judge committed prejudicial error in the 
proceedings or if the Administrative Law Judge's decision should be 
affirmed, modified, or reversed. The Commandant may affirm, modify, or 
reverse the Administrative Law Judge's decision or may remand the case 
for further proceedings.
    (b) The Commandant shall issue a decision on an appeal in writing 
and shall serve a copy of the decision on each party and interested 
person.



 Subpart K--Finality, Petitions for Hearing, and Availability of Orders



Sec. 20.1101 Finality.

    (a) Unless appealed pursuant to subpart J of this part, a decision 
by the Administrative Law Judge becomes an order assessing or denying a 
class II civil penalty 30 days after the date of the issuance of 
Administrative Law Judges's decision.
    (b) If the Commandant issues a decision under subpart J of this 
part, the decision of the Commandant constitutes an order assessing or 
denying a class II civil penalty on the date issued.
    (c) The order assessing or denying a class II civil penalty is the 
order of the Commandant.



Sec. 20.1102  Petitions to set aside a decision and provide a hearing.

    (a) If no hearing is held on a class II civil penalty complaint, any 
interested person may file a petition, within 30 days after the issuance 
of the order, asking the Commandant to set aside an order assessing or 
denying a civil penalty and to provide a hearing.
    (b) If the Commandant decides that evidence presented by the 
interested person in support of the petition is material and was not 
considered in the issuance of the decision, the Commandant sets aside 
the decision and directs that a hearing be held in accordance with the 
requirements of this part.
    (c) If the Commandant denies a hearing requested under this section, 
the Commandant provides to the interested person, and publishes in the 
Federal Register, notice of and the reasons for the denial.



Sec. 20.1103  Availability of decisions.

    (a) Copies of decisions made in the adjudication of class II civil 
penalties are available for inspection and copying at--
    (1) The document inspection facility at any Coast Guard District 
office; or
    (2) The Coast Guard Headquarters Hearing Docket Office Public 
Reading Room.
    (b) Requests for a copy of a decision may be made to the Hearing 
Docket Clerk. The person requesting a copy will be billed for the 
copying costs in accordance with 49 CFR 7.93.



PART 23--DISTINCTIVE MARKINGS FOR COAST GUARD VESSELS AND AIRCRAFT--Table of Contents




Sec.
23.01  Basis and purpose.
23.05  Where and when displayed.
23.10  Coast Guard emblem.
23.12  Coast Guard identifying insignia.
23.15  Coast Guard ensign.
23.20  Coast Guard commission pennant.
23.30  Penalty.


[[Page 87]]


    Authority: Secs. 638, 639, 63 Stat. 546; 14 U.S.C. 638, 639, E.O. 
10707, 3 CFR, 1954-1958 Comp., p. 364.



Sec. 23.01   Basis and purpose.

    (a) This subpart establishes instructions for the display of 
distinctive markings of Coast Guard vessels and aircraft, including 
Coast Guard ensign and commission pennant and Coast Guard emblem.
    (b) Coast Guard vessels and aircraft are distinguished from other 
vessels and aircraft by an ensign; a personal flag, command pennant, or 
commissioned pennant, if so authorized; or other identifying insignia or 
marking.

[CGFR 57-35, 22 FR 6765, Aug. 22, 1957, as amended by CGFR 66-67, 31 FR 
15239, Dec. 6, 1966]



Sec. 23.05   Where and when displayed.

    (a) The Coast Guard Ensign is a mark of authority and is required to 
be displayed whenever a Coast Guard vessel takes active measures in 
connection with boarding, examining, seizing, stopping or heaving to of 
a vessel for the purposes of enforcing the laws of the United States. 
The distinctive markings of Coast Guard aircraft serve the same purpose.
    (b) The Coast Guard Commission pennant indicates a Coast Guard 
cutter under the command of a commissioned officer or commissioned 
warrant officer.
    (c) When applicable, these distinctive marks shall be displayed, the 
Coast Guard Ensign at the masthead of the foremast, and the commission 
pennant at the after masthead. On ships having but one mast the Coast 
Guard Ensign and commission pennant shall be at the masthead on the same 
halyard. In mastless ships they shall be displayed from the most 
conspicuous hoist.

[CGFR 67-26, 32 FR 6576, Apr. 28, 1967]



Sec. 23.10   Coast Guard emblem.

    (a) The distinctive emblem of the Coast Guard shall be as follows:

    On a disc the shield of the Coat of Arms of the United States 
circumscribed by an annulet edged and inscribed ``UNITED STATES COAST 
GUARD 1790'' all in front of two crossed anchors.

    (b) The emblem in full color is described as follows:

    White anchors and white ring all outlined in medium blue (Coast 
Guard blue), letters and numerals medium blue (Coast Guard blue), white 
area within ring, shield with medium blue (Coast Guard blue) chief and 
13 alternating white and red (Coast Guard red) stripes (7 white and 6 
red) with narrow medium blue (Coast Guard blue) outline.

    (c) The Coast Guard emblem is intended primarily for use as 
identification on Coast Guard ensigns, flags, pennants, vessels, 
aircraft, vehicles, and shore units. It may also be reproduced for use 
on such items as stationery, clothing, jewelry, etc.
    (d) Any person who desires to reproduce the Coast Guard emblem for 
non-Coast Guard use must first obtain approval from the Commandant, U.S. 
Coast Guard, Washington, D.C. 20593.

(Sec. 6(b)(1), 80 Stat. 937; 49 U.S.C. 1655(b)(1); 49 CFR 1.46(b))

[CGFR 67-26, 32 FR 6577, Apr. 28, 1967, as amended by CGFR 70-95, 35 FR 
12541, Aug. 6, 1970]



Sec. 23.12   Coast Guard identifying insignia.

    (a) The distinctive identification insignia of the Coast Guard 
consists of a broad diagonal red stripe followed to the right or left by 
two narrow stripes, first a white stripe and then a blue stripe. The 
Coast Guard emblem, as described in Sec. 23.10(b), is centered within 
the confines of the broad red diagonal stripe.
    (b) The Coast Guard identifying insignia is intended primarily for 
the identification of Coast Guard vessels, aircraft, vehicles, and shore 
units. It may also be reproduced for use on Coast Guard publications, 
stationery, jewelry, and similar items.
    (c) Any person who desires to reproduce the Coast Guard identifying 
insignia for non-Coast Guard use must first obtain approval from the 
Commandant, U.S. Coast Guard, Washington, D.C. 20593.

(Sec. 6(b)(1), 80 Stat. 937; 49 U.S.C. 1655(b)(1); 49 CFR 1.46(b))

[CGFR 70-95, 35 FR 12541, Aug. 6, 1970]

[[Page 88]]



Sec. 23.15   Coast Guard ensign.

    The Coast Guard ensign has sixteen perpendicular stripes alternate 
red and white, beginning with the red at the hoist. In the upper 
quarter, next to the hoist, is the union, being the Coat of Arms of the 
United States, in dark blue on a white field, half of the length of the 
flag, and extending down the hoist halfway. The distinctive emblem of 
the Coast Guard in blue and white is placed with its center on a line 
with the lower edge of the union and over the center of the seventh 
vertical red stripe from the hoist of the flag, the emblem covering a 
horizontal space of three stripes.

[CGFR 57-35, 22 FR 6765, Aug. 22, 1957]



Sec. 23.20   Coast Guard commission pennant.

    The Coast Guard commission pennant shall have the union part 
composed of thirteen blue stars in a horizontal line on a white field, 
one-fourth the length of the pennant; the remaining three-fourths shall 
consist of sixteen vertical stripes of equal width, alternate red and 
white, beginning with the red, and a tail piece of red about one-fifth 
the entire length of the pennant, ending in a swallow tail.

[CGFR 57-35, 22 FR 6765, Aug. 22, 1957, as amended by CGFR 71-75, 36 FR 
13268, July 17, 1971]



Sec. 23.30   Penalty.

    Section 638(b) of Title 14 U.S.C. (63 Stat. 546) reads as follows:

    No vessel or aircraft without authority shall carry, hoist or 
display any ensign, pennant or other identifying insignia prescribed 
for, or intended to resemble, any ensign, pennant or other identifying 
insignia prescribed for Coast Guard vessels or aircraft. Each person 
violating this provision shall be fined not more than $5,000, or 
imprisoned for not more than two years, or both.

[CGFR 57-35, 22 FR 6765, Aug. 22, 1957]



PART 25--CLAIMS--Table of Contents




                           Subpart A--General

Sec.
25.101  Purpose.
25.103  Information and assistance.
25.105  Definitions.
25.107  Who may present claims.
25.109  Insurance and other subrogated claims.
25.111  Action by claimant.
25.113  Contents of claim.
25.115  Evidence supporting a claim.
25.117  Proof of amount claimed for personal injury or death.
25.119  Proof of amount claimed for loss of, or damage to, property.
25.121  Effect of other payments to claimant.
25.123  Settlement and notice to claimant.
25.125  Appeal.
25.127  Reconsideration.
25.129  Acceptance of offer of settlement.
25.131  Delegation of authority.
25.133  Redelegation of authority.
25.135  Processing and settlement of claims in foreign countries.

                       Subpart B--Admiralty Claims

25.201  Scope.
25.203  Claims payable.
25.205  Claims not payable.
25.207  Time limitation on claims.

                     Subpart C--Federal Tort Claims

25.301  Scope.
25.303  Procedure.

                       Subpart D--Military Claims

25.401  Scope.
25.403  Claims payable.
25.405  Claims not payable.
25.407  Time limitation on claims.
25.409  Appeal.

                        Subpart E--Foreign Claims

25.501  Scope.
25.503  Proper claimants.
25.505  Claimants excluded.
25.507  Claims payable.
25.509  Claims not payable.
25.511  Time limitation on claims.
25.513  Amount claimed.
25.515  Settlement and notice to claimant.

            Subpart F--Claims Not Cognizable Under Other Law

25.601  Scope.
25.603  Claims payable.
25.605  Claims not payable.
25.607  Time limitation on claims.
25.609  Settlement and notice to claimant.

        Subpart G--Article 139, Uniform Code of Military Justice

25.701  Scope.
25.703  Claims payable.
25.705  Claims not payable.
25.707  Time limitation on claims.
25.709  Assessment limitation on claims.

[[Page 89]]

               Subpart H--Pollution Removal Damage Claims

25.801  Scope.
25.803  Claims payable.
25.805  Claims not payable.

    Authority: 14 U.S.C. 633; 49 CFR 1.45(a); 49 CFR 1.45(b); 49 CFR 
1.46(b), unless otherwise noted.

    Source: CGD 80-033, 46 FR 27109, May 18, 1981, unless otherwise 
noted.



                           Subpart A--General



Sec. 25.101  Purpose.

    This subpart prescribes the requirements for the administrative 
settlement of claims, other than contract claims, against the United 
States, including claims arising from acts or omissions of employees of 
nonappropriated fund activities within the United States, its 
territories, and possessions.



Sec. 25.103  Information and assistance.

    Any person who desires to file a claim against the United States 
Coast Guard arising out of the activities of the Coast Guard may obtain 
information and assistance from the Coast Guard Maintenance and 
Logistics Command Atlantic, located at 300 East Main Street, Suite 965, 
Norfolk, VA 23510-9113 or from the Coast Guard Maintenance and Logistics 
Command Pacific, located at Coast Guard Island, Alameda, California, 
94501, or from Commandant (G-LCL), U.S. Coast Guard, Washington, DC 
20593, or from the Commander of any Coast Guard District listed in 33 
CFR Part 3.

[CGD 87-008b, 52 FR 25217, July 6, 1987, as amended by CGD 97-023, 62 FR 
33362, June 19, 1997]



Sec. 25.105  Definitions.

    Accrual date. The day on which the alleged wrongful act or omission 
results in injury or damage for which a claim is made or when the 
claimant discovers, or in the exercise of reasonable diligence should 
have discovered, the alleged wrongful act or omission.
    Claim. A written notification of an incident accompanied by demand 
for the payment of a sum certain of money, other than for ordinary 
obligations incurred for services, supplies, or equipment.
    Settle. To consider, ascertain, adjust, determine, compromise (when 
specifically authorized by law), and dispose of a claim by disapproval 
or approval, in whole or in part.
    Settlement authority. A person authorized to settle a claim.

[CGD 80-033, 46 FR 27109, May 18, 1981; 46 FR 29933, June 4, 1981]



Sec. 25.107  Who may present claims.

    (a) General rules:
    (1) A claim for property loss or damage may be presented by anyone 
having an interest in the property, including an insurer or other 
subrogee, unless the interest is barred under Sec. 25.109(a).
    (2) A claim for personal injury may be presented by the person 
injured.
    (3) A claim based on death may be presented by the executor or 
administrator of the decedent's estate, or any other person legally 
entitled to assert such a claim under local law. The claimant's status 
must be stated in the claim.
    (4) A claim for medical, hospital, or burial expenses may be 
presented by any person who by reason of family relationship has, in 
fact, incurred the expenses.
    (b) A joint claim must be presented in the names of and signed by, 
the joint claimants, and the settlement must be made payable to the 
joint claimants.
    (c) A claim may be presented by a duly authorized agent, legal 
representative or survivor, if it is presented in the name of the 
claimant. If the claim is not signed by the claimant, the agent, legal 
representative, or survivor shall indicate their title or legal capacity 
and provide evidence of their authority to present the claim.
    (d) Where the same claimant has a claim for damage to or loss of 
property and a claim for personal injury or a claim based on death 
arising out of the same incident, they must be combined in one claim.



Sec. 25.109  Insurance and other subrogated claims.

    (a) The claims of an insured (subrogor) and an insurer (subrogee) 
for damages arising out of the same incident constitute a single claim. 
The

[[Page 90]]

total award of combined claims may not exceed the monetary jurisdiction 
of the settlement authority. If the total award of the combined claims 
exceeds, or is expected to exceed, a settlement authority's limits, the 
settlement authority is not permitted to consider either, and the claim 
file will be forwarded to an appropriate settlement authority.
    (b) An insured (subrogor) and an insurer (subrogee) may file a claim 
jointly or separately. If the insurer has fully reimbursed the insured, 
payment will only be made to the insurer. If separate claims are filed, 
the settlement will be made payable to each claimant to the extent of 
that claimant's undisputed interest. If joint claims are filed, the 
settlement will be sent to the insurer.
    (c) Each claimant shall include with a claim, a written disclosure 
concerning insurance coverage including:
    (1) The names and addresses of all insurers;
    (2) The kind and amount of insurance;
    (3) The policy number;
    (4) Whether a claim has been or will be presented to an insurer, 
and, if so, the amount of that claim; and whether the insurer has paid 
the claim in whole or in part, or has indicated payment will be made.
    (d) Each subrogee shall substantiate an interest or right to file a 
claim by appropriate documentary evidence and shall support the claim as 
to liability and measure of damages in the same manner as required of 
any other claimant. Documentary evidence of payment to a subrogor does 
not constitute evidence of liability of the United States or conclusive 
evidence of the amount of damages. The settlement authority makes an 
independent determination on the issues of fact and law based upon the 
evidence of record.
    (e) An insurance or other subrogated claim is not payable under 
Subpart E, F, or G of this part.



Sec. 25.111  Action by claimant.

    (a) Form of claim. The claim must meet the requirements of 
Sec. 25.113. Authorized forms are available from the offices indicated 
in Sec. 25.103.
    (b) Presentation. Whenever possible the claim must be presented to 
the geographically appropriate Coast Guard Maintenance and Logistics 
Command. The Coast Guard Maintenance and Logistics Command Atlantic is 
located at 300 East Main Street, Suite 965, Norfolk, VA 23510-9113; 
Coast Guard Maintenance and Logistics Command Pacific is located at 
Coast Guard Island, Alameda, California, 94501. If that is not possible, 
the claim may also be presented to:
    (1) The commanding officer of the Coast Guard unit involved;
    (2) A Coast Guard unit convenient to the claimant; or
    (3) Chief, Claims and Litigation Division, Office of Chief Counsel, 
United States Coast Guard, Washington, DC, 20593.

In a foreign country, where there is no Coast Guard unit, the claim is 
considered presented to the Coast Guard if it is presented to the 
military attache of any United States embassy or consulate or to the 
commanding officer of any unit of the armed services of the United 
States.
    (c) Time. The time limits for presenting claims are contained in the 
following subparts addressing particular claim statutes.

[CGD 80-033, 46 FR 27109, May 18, 1981, as amended by CGD 87-008b, 52 FR 
25217, July 6, 1987; CGD 97-023, 62 FR 33362, June 19, 1997]



Sec. 25.113  Contents of claim.

    (a) A claim under the Federal Tort Claims Act must be presented 
using Standard Form 95, Claim for Damage, Injury, or Death.
    (b) A claim under any other Act may be presented using Standard Form 
95. Any claim which is not presented using Standard Form 95 shall 
include:
    (1) The identity of the department, agency, or activity whose act or 
omission gave rise to the claim;
    (2) The full name and mailing address of the claimant. If this 
mailing address is not claimant's residence, the claimant shall also 
include residence address;
    (3) The date, time, and place of the incident giving rise to the 
claim;

[[Page 91]]

    (4) The amount claimed, supported by independent evidence of 
property damage or loss, personal injury, or death, as applicable;
    (5) A detailed description of the incident giving rise to the claim;
    (6) A description of any property damage or loss, including the 
identity of the owner, if other than the claimant, as applicable;
    (7) The nature and extent of the injury, as applicable;
    (8) The full name, title, if any, and address of any witness to the 
incident and a brief statement of the witness' knowledge of the 
incident;
    (9) A description of any insurance carried by the claimant or owner 
of the property and the status of any insurance claim arising from the 
incident; and
    (10) An agreement by the claimant to accept the total amount claimed 
in full satisfaction and final settlement of the claim.
    (c) A claimant or duly authorized agent or legal representative must 
sign in ink a claim and any amendment to that claim. If the person's 
signature does not include the first name, middle initial, if any, and 
surname, that information must be included in the claim. A married woman 
must sign her claim in her given name, e.g., ``Mary A. Doe,'' rather 
than ``Mrs. John Doe.''



Sec. 25.115  Evidence supporting a claim.

    The claimant shall present independent evidence to support a claim. 
This evidence may include, if available, statements of witnesses, 
accident or casualty reports, photographs and drawings.



Sec. 25.117  Proof of amount claimed for personal injury or death.

    The following evidence must be presented when appropriate:
    (a) Itemized medical, hospital, and burial bills.
    (b) A written report by the attending physician including:
    (1) The nature and extent of the injury and the treatment,
    (2) The necessity and reasonableness of the various medical expenses 
incurred,
    (3) Duration of time injuries prevented or limited employment,
    (4) Past, present, and future limitations on employment,
    (5) Duration and extent of pain and suffering and of any disability 
or physical disfigurement,
    (6) A current prognosis,
    (7) Any anticipated medical expenses, and
    (8) Any past medical history of the claimant relevant to the 
particular injury alleged.

    Note: An examination by an independent medical facility or physician 
may be required to provide independent medical evidence against which to 
evaluate the written report of the claimant's physician. The settlement 
authority determines the need for this examination, makes mutually 
convenient arrangements for such an examination, and bears the costs 
thereof.

    (c) All hospital records or other medical documents from either this 
injury or any relevant past injury.
    (d) If the claimant is employed, a written statement by the 
claimant's employer certifying the claimant's:
    (1) Age,
    (2) Occupation,
    (3) Hours of employment,
    (4) Hourly rate of pay or weekly salary,
    (5) Time lost from work as a result of the incident, and
    (6) Claimant's actual period of employment, full-time or part-time, 
and any effect of the injury upon such employment to support claims for 
lost earnings.
    (e) If the claimant is self-employed, written statements, or other 
evidence showing:
    (1) The amount of earnings actually lost, and
    (2) The Federal tax return if filed for the three previous years.
    (f) If the claim arises out of injuries to a person providing 
services to the claimant, statement of the cost necessarily incurred to 
replace the services to which claimant is entitled under law.



Sec. 25.119  Proof of amount claimed for loss of, or damage to, property.

    The following evidence must be presented when appropriate:
    (a) For each particular lost item, evidence of its value such as a 
bill of sale and a written appraisal, or two written

[[Page 92]]

appraisals, from separate disinterested dealers or brokers, market 
quotations, commercial catalogs, or other evidence of the price at which 
like property can be obtained in the community. The settlement authority 
may waive these requirements when circumstances warrant. The cost of any 
appraisal may be included as an element of damage if not deductible from 
any bill submitted to claimant.
    (b) For each particular damaged item which can be economically 
repaired, evidence of cost of repairs such as a receipted bill and one 
estimate, or two estimates, from separate disinterested repairmen. The 
settlement authority may waive these requirements when circumstances 
warrant. The cost of any estimate may be included as an element of 
damage if not deductible from any repair bill submitted to claimant.
    (c) For any claim which may result in payment in excess of 
$20,000.00, a survey or appraisal shall be performed as soon as 
practicable after the damage accrues, and, unless waived in writing, 
shall be performed jointly with a government representative.
    (d) If the item is so severely damaged that it cannot be 
economically repaired or used, it shall be treated as a lost item.
    (e) If a claim includes loss of earnings or use during repairs to 
the damaged property, the following must also be furnished and supported 
by competent evidence:
    (1) The date the property was damaged;
    (2) The name and location of the repair facility;
    (3) The beginning and ending dates of repairs and an explanation of 
any delay between the date of damage and the beginning date;
    (4) A complete description of all repairs performed, segregating any 
work performed for the owner's account and not attributable to the 
incident involved, and the costs thereof;
    (5) The date and place the property was returned to service after 
completion of repairs, and an explanation, if applicable, of any delay;
    (6) Whether or not a substitute for the damaged property was 
available. If a substitute was used by the claimant during the time of 
repair, an explanation of the necessity of using the substitute, how it 
was used, and for how long, and the costs involved. Any costs incurred 
that would have been similarly incurred by the claimant in using the 
damaged property must be identified;
    (7) Whether or not during the course of undergoing repairs the 
property would have been used, and an explanation submitted showing the 
identity of the person who offered that use, the terms of the offer, 
time of prospective service, and rate of compensation; and
    (8) If at the time of damage the property was under charter or hire, 
or was otherwise employed, or would have been employed, the claimant 
shall submit a statement of operating expenses that were, or would have 
been, incurred. This statement shall include wages and all bonuses which 
would have been paid, the value of fuel and the value of consumable 
stores, separately stated, which would have been consumed, and all other 
costs of operation which would have been incurred including, but not 
limited to, license and parking fees, personnel expenses, harbor fees, 
wharfage, dockage, shedding, stevedoring, towage, pilotage, inspection, 
tolls, lockage, anchorage and moorage, grain elevation, storage, and 
customs fees.
    (f) For each item which is lost, actual or constructive, proof of 
ownership.



Sec. 25.121  Effect of other payments to claimant.

    The total amount to which the claimant may be entitled is normally 
computed as follows:
    (a) The total amount of the loss, damage, or personal injury 
suffered for which the United States is liable, less any payment the 
claimant has received from the following sources:
    (1) The military member or civilian employee who caused the 
incident;
    (2) The military member's or civilian employee's insurer; and
    (3) Any joint tort-feasor or insurer.
    (b) No deduction is generally made for any payment the claimant has 
received by way of voluntary contributions, such as donations of 
charitable organizations.

[[Page 93]]



Sec. 25.123  Settlement and notice to claimant.

    (a) If the settlement authority determines that the full amount 
claimed should be paid, the settlement authority forwards the claim to 
the disbursing officer for payment. If the time involved in settling the 
claim has been extensive, the settlement authority notifies the 
claimant.
    (b) If the settlement authority determines that less than the full 
amount claimed should be paid, the settlement authority:
    (1) Notifies the claimant in writing of the proposed settlement.
    (2) Obtains from the claimant written acceptance and release for 
payment of the claim in the reduced amount.
    (3) Advises the claimant, in the event claimant does not desire to 
accept the offer, to reply within 45 days giving reasons for rejection.
    (4) Except upon a showing of good cause for delay in accepting a 
proposed settlement within 45 days, treats the non-acceptance as a 
rejection. Rejection by a claimant of an offer of settlement renders the 
offer void.
    (5) If a claimant rejects a proposed settlement or fails to reply 
within 45 days, the settlement authority may make further efforts to 
settle the claim. When the settlement authority determines that further 
efforts to settle the claim are not warranted, the settlement authority 
notifies the claimant in writing by registered or certified mail, return 
receipt requested, that the claim has been denied because the amount 
claimed is excessive.
    (c) If the claim is denied, the settlement authority notifies the 
claimant in writing by registered or certified mail, return receipt 
requested.



Sec. 25.125  Appeal.

    The final denial of a claim by a settlement authority or a partial 
approval by a settlement authority is not subject to appeal except under 
the procedures prescribed for Military Claims in Subpart D of this part.



Sec. 25.127  Reconsideration.

    (a) The settlement authority may reconsider a claim upon the 
authority's own initiative or upon request of the claimant or someone 
acting on the claimant's behalf.
    (b) A request for reconsideration must be in writing and include the 
legal or factual grounds for the relief requested.
    (c) Following any investigation or other action deemed necessary for 
reconsideration of the original action, the settlement authority 
reconsiders the claim and if warranted attempts to settle it. When 
further settlement efforts appear unwarranted, the settlement authority 
notifies the claimant in writing by certified or registered mail, return 
receipt requested, that the relief requested is denied.
    (d) For the effect of reconsideration under the Federal Tort Claims 
Act see 28 CFR Part 14.



Sec. 25.129  Acceptance of offer of settlement.

    Claimant's acceptance of an offer of settlement is a complete 
release of any claim against the United States and against the military 
or civilian personnel of the Coast Guard whose act or omission gave rise 
to the claim.



Sec. 25.131  Delegation of authority.

    (a) The Chief Counsel is delegated the following authority:
    (1) To carry out the functions of the Secretary and to exercise the 
Commandant's authority as commanding officer for all Coast Guard 
personnel in regard to claims brought under Article 139, Uniform Code of 
Military Justice (10 U.S.C. 939);
    (2) To carry out the functions of an officer designated by the 
Secretary under the so-called ``Foreign Claims Act'', as amended (10 
U.S.C. 2734);
    (3) To request that the Department of Defense pay any meritorious 
claims arising under International Agreements in accordance with Title 
10 U.S.C. 2734a and 2734b;
    (4) To carry out the functions of the Secretary under the Act of 
October 9, 1962, as amended (10 U.S.C. 2737);
    (5) To carry out the functions of the Secretary under the Act of 
August 16, 1937, as amended (14 U.S.C. 642);
    (6) To carry out the functions of the Secretary under the Act of 
June 15, 1936, as amended (14 U.S.C. 646);

[[Page 94]]

    (7) To carry out the functions of the Secretary under the Act of 
August 4, 1949, as amended (14 U.S.C. 647);
    (8) To carry out the functions of the Secretary under the Act of 
February 19, 1941, as amended (14 U.S.C. 830);
    (9) To carry out the functions of the head of a Federal agency's 
designee under the Federal Tort Claims Act, as amended (28 U.S.C. 2672);
    (10) To carry out the functions of the head of an agency under the 
Military Personnel and Civilian Employees' Claims Act, as amended (31 
U.S.C. 3721);
    (11) To carry out the functions of the head of an agency under the 
Federal Claims Collection Act of 1966, as amended (31 U.S.C. 3711);
    (12) To carry out the functions of the head of the department under 
the Federal Medical Care Recovery Act (42 U.S.C. 2651-2653);
    (13) To review and approve for payment any voucher for payment of a 
claim for $25 or less the authority for payment of which is questioned 
by a certifying or disbursing officer;
    (14) To establish procedures consistent with the applicable statutes 
and regulations for the administration of all claims.

    Note: Under the Military Claims Act (10 U.S.C. 2733), the Secretary 
has authorized the Chief Counsel to settle and pay claims, see 49 CFR 
1.46(j).

    (b) The Comptroller is delegated the authority to carry out the 
functions of the head of an agency under the Federal Claims Collection 
Act of 1966, as amended (31 U.S.C. 3711).

[CGD 80-033, 46 FR 27109, May 18, 1981, as amended by CGD 82-112, 48 FR 
4773, Feb. 3, 1983]



Sec. 25.133  Redelegation of authority.

    The authority delegated in Sec. 25.131 and in 49 CFR 1.46(j) to the 
Chief Counsel may, unless otherwise limited, be redelegated in whole or 
in part to settlement authorities established by the Chief Counsel. 
Information concerning current settlement authorities is available from 
the offices indicated in Sec. 25.103.



Sec. 25.135  Processing and settlement of claims in foreign countries.

    (a) In certain countries, the Department of Defense has assigned 
single-service responsibility for the settlement of claims arising under 
the Foreign Claims Act, Military Claims Act, Nonscope of Employment 
Claims Act, Federal Medical Care Recovery Act, and Federal Claims 
Collection Act.
    (b) In a country where single-service claims responsibility has been 
assigned, claims against the United States cognizable under the acts 
referenced in paragraph (a) of this section are processed and settled by 
the service assigned responsibility.
    (c) A list of countries assigned to a single-service is available 
from the military attache at any United States embassy or consulate.
    (d) In a country not assigned to a single-service, the rules for 
presenting claims may be found in Sec. 25.111, and the claim will be 
settled by the Coast Guard.



                       Subpart B--Admiralty Claims

    Authority: 14 U.S.C. 646; 14 U.S.C. 633; 49 CFR 1.46(b).



Sec. 25.201  Scope.

    This subpart prescribes the requirements for the administrative 
settlement of maritime tort claims against the United States for death, 
personal injury, damage to or loss of property caused by a vessel or 
other property in the service of the Coast Guard, or a maritime tort 
committed by an agent of the Coast Guard, and for claims for towage and 
salvage services rendered to a Coast Guard vessel or property.



Sec. 25.203  Claims payable.

    A claim is payable under this subpart if it is:
    (a) A claim for death, personal injury, damage to or loss of real or 
personal property arising from a maritime tort caused by an agent or 
employee of the Coast Guard, or a vessel or other property in the 
service of the Coast Guard, including an auxiliary facility operated 
under specific orders and acting within the scope of such orders; or
    (b) A claim for compensation for towage and salvage services 
rendered to a

[[Page 95]]

vessel in the service of the Coast Guard or to other property under the 
jurisdiction of the Coast Guard.



Sec. 25.205  Claims not payable.

    A claim is not payable under this subpart if it:
    (a) Results from action by an enemy, or directly or indirectly from 
an act of the armed services of the United States in combat;
    (b) Is purely contractual in nature;
    (c) Is for death or personal injury of a United States employee for 
whom benefits are provided under the Federal Employees' Compensation 
Act, or any other system of compensation where contribution is made or 
insurance premiums paid directly or indirectly by the United States on 
behalf of the injured employee;
    (d) Is one for which a foreign country is responsible under Article 
VIII of the Agreement Regarding the Status of Forces of Parties to the 
North Atlantic Treaty, or other similar treaty agreement;
    (e) Arises from private or domestic obligations as distinguished 
from governmental transactions; or
    (f) Is for damage to or loss of personal property of military 
personnel or civilian employees which is cognizable under the Military 
Personnel and Civilian Employees' Claims Act, as amended.



Sec. 25.207  Time limitation on claims.

    (a) A settlement authority may administratively settle and approve a 
claim for final payment within two years from the date that the cause of 
action accrues. Otherwise, the claim is barred. This two-year period is 
not extended by presenting a claim nor by negotiations or 
correspondence. The existence of an administrative claim does not extend 
the two year statute of limitations in 46 U.S.C. 745.
    (b) If a complaint is filed in a Federal District Court before the 
expiration of the two-year period, an administrative settlement may be 
negotiated by the settlement authority only with the consent of the 
Department of Justice. Payment is made upon final dismissal of the 
complaint.



                     Subpart C--Federal Tort Claims

    Authority: 28 U.S.C. 2672; 28 CFR 14.11; 49 CFR 1.45(a)(2); 49 CFR 
1.45(a)(3).



Sec. 25.301  Scope.

    This subpart prescribes the requirements for the administrative 
settlement of claims against the United States arising out of Coast 
Guard activities under the Federal Tort Claims Act.



Sec. 25.303  Procedure.

    A claim shall be presented and processed in accordance with 28 CFR 
Part 14. Should there be a conflict between the provisions of 33 CFR 
Part 25, Subpart A and the Department of Justice regulations in 28 CFR 
Part 14, the Department of Justice regulations govern.



                       Subpart D--Military Claims

    Authority: 10 U.S.C. 2733; 49 CFR 1.46(j).



Sec. 25.401  Scope.

    This subpart prescribes the requirements for the administrative 
settlement of claims against the United States arising out of the 
activities of the Coast Guard under the Military Claims Act.



Sec. 25.403  Claims payable.

    A claim arising at any place caused by military personnel or 
civilian employees of the Coast Guard acting within the scope of their 
employment, or otherwise incident to noncombat activities of the Coast 
Guard, whether or not negligence or intentional tort is shown, is 
payable under this subpart for:
    (a) Damage to or loss of real property, including damage or loss 
incident to the use and occupancy of real property by the Coast Guard;
    (b) Damage to or loss of personal property, including property 
bailed to the Coast Guard;
    (c) Damage to or loss of registered or insured mail while the mail 
is in the possession of the Coast Guard even though damaged or lost by 
criminal act; or
    (d) Death or personal injury.

[[Page 96]]



Sec. 25.405  Claims not payable.

    A claim is not payable under this subpart if it:
    (a) Results from action by an enemy or directly or indirectly from 
an act of the armed services of the United States in combat;
    (b) Is purely contractual in nature;
    (c) Results wholly or partly from the negligent or wrongful act of 
the claimant, claimant's agent, or claimant's employee, unless 
comparative negligence is applicable under local law;
    (d) Is for death or personal injury of a United States employee for 
whom benefits are provided under the Federal Employees' Compensation 
Act, Longshoremen's and Harbor Workers' Compensation Act, or any other 
system of compensation where contribution is made or insurance premiums 
paid directly or indirectly by the United States on behalf of the 
injured employee;
    (e) Is cognizable under Subpart C or E of this part;
    (f) Is for reimbursement for medical, hospital, or burial services 
furnished at the expense of the United States;
    (g) Is one of the following exceptions to the Federal Tort Claims 
Act, 28 U.S.C. 2680 (a), (b), (e), (f), (h), or (j). (However, a claim 
falling within the exception contained in 28 U.S.C. 2680 (b) is payable 
when not prohibited by paragraph (i) of this section.);
    (h) Results from a specific risk which the claimant assumed in 
writing before the incident giving rise to the claim;
    (i) Is for damage to or loss of a letter or postal matter while in 
the possession of the Postal Service;
    (j) Is for rent, or other payments involving the acquisition, use, 
possession, or disposition of real property or interests therein by and 
for the Coast Guard except as provided in Sec. 25.403(a);
    (k) Is for the taking of private property by trespass except for 
actual physical damage; or
    (l) Is for personal injury or death of a member or civilian employee 
of the armed services of the U.S. whose death or injury was incident to 
service.

[CGD 80-033, 46 FR 27109, May 18, 1981, as amended by CGD 87-008b, 52 FR 
25218, July 6, 1987]



Sec. 25.407  Time limitation on claims.

    (a) A claim may be settled only if presented in writing within two 
years after it accrues, except that if it accrues in time of war or 
armed conflict, or if war or armed conflict intervenes within two years 
after it accrues, and if good cause is shown, the claim may be presented 
not more than two years after the termination of the war or armed 
conflict.
    (b) For the purposes of this section, a war or armed conflict is one 
in which an armed service of the United States is engaged. The dates of 
commencement and termination of an armed conflict will be as established 
by concurrent resolution of Congress or by determination of the 
President.



Sec. 25.409  Appeal.

    (a) A claimant may submit an appeal, in writing, through the 
settlement authority disapproving the claim or approving the claim in 
part.
    (1) The appeal shall set forth fully the legal or factual bases 
asserted as grounds for the appeal; and
    (2) The appeal is permitted only if it is postmarked within 45 days 
after receipt of (i) notice of disapproval of the claim or (ii) offer of 
settlement in a reduced amount.
    (b) The disapproval of a claim is final unless the claimant submits 
a request for reconsideration or an appeal in writing.
    (c) Upon receipt of an appeal, the settlement authority examines it 
and forwards it with the claim file, opinions, and recommendations to 
the next higher settlement authority.



                        Subpart E--Foreign Claims

    Authority: 10 U.S.C. 2734; 49 CFR 1.46(b).



Sec. 25.501  Scope.

    This subpart prescribes the requirements for the administrative 
settlement of claims against the United States by a foreign country, 
political subdivision or inhabitant thereof, for death, personal injury, 
damage to or loss of property occurring outside the United States, its 
territories, commonwealths, or possessions, caused by a military member 
or civilian employee

[[Page 97]]

of the Coast Guard, or otherwise incident to noncombat activities of the 
Coast Guard.



Sec. 25.503  Proper claimants.

    (a) The claimant, or the decedent in a death case, must have been an 
inhabitant of a foreign country at the time of the incident giving rise 
to the claim and must not be otherwise excluded by Sec. 25.505. It is 
not necessary that a claimant be a citizen of, or legal domiciliary of 
the foreign country.
    (b) A corporation or other organization doing business in a foreign 
country on a permanent basis may qualify as a proper claimant although 
organized under United States law.
    (c) The government of a foreign country or a political subdivision 
thereof is a proper claimant unless excluded by waiver provisions of 
applicable international agreements.



Sec. 25.505  Claimants excluded.

    (a) Civilian employees of the United States and members of the armed 
services of the United States and their dependents, who are in a foreign 
country primarily because of their own or their sponsor's duty status.
    (b) Other citizens of the United States, its territories, 
commonwealths, or possessions, unless they can establish their status as 
inhabitants of the foreign country.
    (c) An insurer or other subrogee.



Sec. 25.507  Claims payable.

    (a) A claim is payable under this subpart if it was incident to a 
noncombat activity of the Coast Guard or was caused by:
    (1) A military member of the Coast Guard;
    (2) A civilian employee of the Coast Guard who is not a national of 
the country in which the incident occurred; or
    (3) A civilian employee of the Coast Guard who is a national of the 
country in which the incident occurred if:
    (i) The employee was within the scope of employment, or
    (ii) An employer or owner of the property involved would be liable 
under local law.
    (b) The fact that the act giving rise to a claim may constitute a 
crime does not, by itself, bar relief.
    (c) Local law or custom pertaining to contributory or comparative 
negligence, and to joint tort-feasors, are applied to the extent 
practicable.



Sec. 25.509  Claims not payable.

    A claim is not payable under this subpart if it:
    (a) Results from action by an enemy or directly or indirectly from 
an act of the armed services of the United States in combat;
    (b) Is purely contractual in nature;
    (c) Is for death or personal injury of a United States employee for 
whom benefits are provided under the Federal Employees' Compensation 
Act, the Longshoremen's and Harbor Workers' Compensation Act, or any 
other system of compensation where contribution is made or insurance 
premiums paid directly or indirectly by the United States on behalf of 
the injured employee;
    (d) Is one for which a foreign country is responsible under Article 
VIII of the Agreement Regarding the Status of Forces of Parties to the 
North Atlantic Treaty, or other similar treaty agreement;
    (e) Arises from private or domestic obligations as distinguished 
from governmental transactions;
    (f) Is a bastardy claim; or
    (g) Involves a patent or copyright infringement.



Sec. 25.511  Time limitation on claims.

    A claim may be settled only if presented in writing within two years 
after it accrues. Under appropriate circumstances, a claim presented 
orally may be considered.



Sec. 25.513  Amount claimed.

    The claimant shall state the amount claimed in the currency of the 
country where the incident occurred or where the claimant resided at the 
time of the incident.

[[Page 98]]



Sec. 25.515  Settlement and notice to claimant.

    If a claim is determined to be meritorious in any amount, a written 
acceptance and release or a claim settlement agreement shall be signed 
by the claimant before payment. The release executed by the claimant 
shall release the United States and also release the tort-feasor or the 
person who occasioned the damage, injury, or death.



            Subpart F--Claims Not Cognizable Under Other Law

    Authority: 10 U.S.C. 2737; 49 CFR 1.45(a)(2).



Sec. 25.601  Scope.

    This subpart prescribes the requirements for the administrative 
settlement of claims against the United States under 10 U.S.C. 2737 
incident to use of property of the United States and not cognizable 
under other law.



Sec. 25.603  Claims payable.

    A claim for death, personal injury, or damage to or loss of real or 
personal property under this subpart is payable when caused by a 
military member or a civilian employee of the Coast Guard:
    (a) Incident to the use of a vehicle of the United States at any 
place; or
    (b) Incident to the use of any other property of the United States 
on a government installation.



Sec. 25.605  Claims not payable.

    A claim is not payable under this subpart if it:
    (a) Is legally recoverable by the claimant under a compensation 
statute or an insurance policy;
    (b) Results wholly or partly from the negligent or wrongful act of 
the claimant, claimant's agent or employee;
    (c) Is a subrogated claim;
    (d) Is cognizable under any other provision of law or regulation 
administered by the Coast Guard; or
    (e) Is for any element of damage pertaining to death or personal 
injury, other than the cost of reasonable medical, hospital, and burial 
expenses actually incurred and not otherwise furnished or paid by the 
United States.



Sec. 25.607  Time limitation on claims.

    A claim may be settled only if presented in writing within two years 
after it accrues.



Sec. 25.609  Settlement and notice to claimant.

    If a claim is determined to be meritorious in any amount, the 
claimant must sign a written acceptance and release or a claim 
settlement agreement before payment. Although larger claims may be 
considered, no claim may be approved or paid in an amount that exceeds 
$1,000.00.



        Subpart G--Article 139, Uniform Code of Military Justice

    Authority: 10 U.S.C. 939; 49 CFR 1.46(b).



Sec. 25.701  Scope.

    This subpart prescribes the requirements for the administrative 
settlement of claims under Article 139, Uniform Code of Military 
Justice, 10 U.S.C. 939, against military members of the Coast Guard for 
damage to property willfully caused by them or loss of property 
wrongfully taken by them.



Sec. 25.703  Claims payable.

    A claim for damage to or loss of real or personal property caused by 
a military member of the Coast Guard is payable under this subpart when 
the damage or loss results from:
    (a) Willful or intentional acts;
    (b) Wrongful taking; or
    (c) Riotous, violent, and reckless conduct or acts of depredation by 
an individual or group that evidences willfulness.



Sec. 25.705  Claims not payable.

    A claim is not payable under this subpart if it:
    (a) Is for death or personal injury;
    (b) Results wholly or partly from the grossly negligent, or reckless 
act of the claimant, claimant's agent or employee;
    (c) Is a subrogated claim;
    (d) Is for damage to or loss of property owned by the United States 
or property of a Nonappropriated Fund Activity;
    (e) Results from negligence;

[[Page 99]]

    (f) Is for indirect or remote damages;
    (g) Is for damage to or loss of property resulting from the act or 
omission of a member of the Coast Guard acting within the scope of the 
member's employment;
    (h) Extends to damage or loss that results from the owner's failure 
to mitigate damages; or
    (i) Has been paid by a third party.



Sec. 25.707  Time limitation on claims.

    A claim may be settled only if presented within 90 days after it 
accrues unless good cause is shown for the delay.



Sec. 25.709  Assessment limitation on claims.

    A claim is permitted in any amount; however, this subpart prohibits 
any assessment that exceeds one-half of one month's basic pay against 
the pay of any offender.



               Subpart H--Pollution Removal Damage Claims

    Authority: 33 U.S.C. 1321(j)(1)(A); 33 U.S.C. 1321(1); EO 11735, 
sec. 5 (a), (b)(3); 49 CFR 1.46(m).



Sec. 25.801  Scope.

    This subpart prescribes the requirements for the administrative 
settlement of claims against the United States for damage to or loss of 
property resulting from containment or removal activities during Phase 
III or IV of the National Contingency Plan, under the Federal Water 
Pollution Control Act, as amended. 33 U.S.C. 1321.



Sec. 25.803  Claims payable.

    A claim for damage to or loss of real or personal property is 
payable under this subpart if:
    (a) Caused by the United States, its employees, agents or 
contractors during containment, countermeasures, cleanup, mitigation, 
and disposal activities under the National Contingency Plan; and
    (b) In the exercise of care reasonable under the circumstances, the 
incident giving rise to the claim was necessary and the damage 
unavoidable.



Sec. 25.805  Claims not payable.

    A claim is not payable under this subpart if it:
    (a) Is for death or personal injury; or
    (b) Arises out of activities to contain or remove a discharge of oil 
or other hazardous polluting substance from a United States or foreign 
public vessel or federally controlled facility.



PART 26--VESSEL BRIDGE-TO-BRIDGE RADIOTELEPHONE REGULATIONS--Table of Contents




Sec.
26.01  Purpose.
26.02  Definitions.
26.03  Radiotelephone required.
26.04  Use of the designated frequency.
26.05  Use of radiotelephone.
26.06  Maintenance of radiotelephone; failure of radiotelephone.
26.07  Communications.
26.08  Exemption procedures.
26.09  List of exemptions.

    Authority: 14 U.S.C. 2; 33 U.S.C. 1201-1208; 49 CFR 1.45(b), 1.46; 
Rule 1, International Regulations for the Prevention of Collisions at 
Sea.

    Source: CGD 71-114R, 37 FR 12720, June 28, 1972, unless otherwise 
noted.



Sec. 26.01   Purpose.

    (a) The purpose of this part is to implement the provisions of the 
Vessel Bridge-to-Bridge Radiotelephone Act. This part:
    (1) Requires the use of the vessel bridge-to-bridge radiotelephone;
    (2) Provides the Coast Guard's interpretation of the meaning of 
important terms in the Act;
    (3) Prescribes the procedures for applying for an exemption from the 
Act and the regulations issued under the Act and a listing of 
exemptions.
    (b) Nothing in this part relieves any person from the obligation of 
complying with the rules of the road and the applicable pilot rules.



Sec. 26.02   Definitions.

    For the purpose of this part and interpreting the Act:
    Secretary means the Secretary of the Department in which the Coast 
Guard is operating;

[[Page 100]]

    Act means the ``Vessel Bridge-to-Bridge Radiotelephone Act'', 33 
U.S.C. sections 1201-1208;
    Length is measured from end to end over the deck excluding sheer;
    Power-driven vessel means any vessel propelled by machinery; and
    Towing vessel means any commercial vessel engaged in towing another 
vessel astern, alongside, or by pushing ahead.
    Vessel Traffic Services (VTS) means a service implemented under Part 
161 of this chapter by the United States Coast Guard designed to improve 
the safety and efficiency of vessel traffic and to protect the 
environment. The VTS has the capability to interact with marine traffic 
and respond to traffic situations developing in the VTS area.
    Vessel Traffic Service Area or VTS Area means the geographical area 
encompassing a specific VTS area of service as described in Part 161 of 
this chapter. This area of service may be subdivided into sectors for 
the purpose of allocating responsibility to individual Vessel Traffic 
Centers or to identify different operating requirements.

    Note: Although regulatory jurisdiction is limited to the navigable 
waters of the United States, certain vessels will be encouraged or may 
be required, as a condition of port entry, to report beyond this area to 
facilitate traffic management within the VTS area.

(Rule 1, International Regulations for Preventing Collisions at Sea, 
1972 (as rectified); EO 11964 (14 U.S.C. 2); 49 CFR 1.46(b))

[CGD 71-114R, 37 FR 12720, June 28, 1972, as amended by CGD 77-118a, 42 
FR 35784, July 11, 1977; CGD 90-020, 59 FR 36322, July 15, 1994]



Sec. 26.03  Radiotelephone required.

    (a) Unless an exemption is granted under Sec. 26.09 and except as 
provided in paragraph (a)(4) of this section, this part applies to:
    (1) Every power-driven vessel of 20 meters or over in length while 
navigating;
    (2) Every vessel of 100 gross tons and upward carrying one or more 
passengers for hire while navigating;
    (3) Every towing vessel of 26 feet or over in length while 
navigating; and
    (4) Every dredge and floating plant engaged in or near a channel or 
fairway in operations likely to restrict or affect navigation of other 
vessels except for an unmanned or intermittently manned floating plant 
under the control of a dredge.
    (b) Every vessel, dredge, or floating plant described in paragraph 
(a) of this section must have a radiotelephone on board capable of 
operation from its navigational bridge, or in the case of a dredge, from 
its main control station, and capable of transmitting and receiving on 
the frequency or frequencies within the 156-162 Mega-Hertz band using 
the classes of emissions designated by the Federal Communications 
Commission for the exchange of navigational information.
    (c) The radiotelephone required by paragraph (b) of this section 
must be carried on board the described vessels, dredges, and floating 
plants upon the navigable waters of the United States.
    (d) The radiotelephone required by paragraph (b) of this section 
must be capable of transmitting and receiving on VHF FM channel 22A 
(157.1 MHz).
    (e) While transiting any of the following waters, each vessel 
described in paragraph (a) of this section also must have on board a 
radiotelephone capable of transmitting and receiving on VHF FM channel 
67 (156.375 MHz):
    (1) The lower Mississippi River from the territorial sea boundary, 
and within either the Southwest Pass safety fairway or the South Pass 
safety fairway specified in 33 CFR 166.200, to mile 242.4 AHP (Above 
Head of Passes) near Baton Rouge;
    (2) The Mississippi River-Gulf Outlet from the territorial sea 
boundary, and within the Mississippi River-Gulf outlet Safety Fairway 
specified in 33 CFR 166.200, to that channel's junction with the Inner 
Harbor Navigation Canal; and
    (3) The full length of the Inner Harbor Navigation Canal from its 
junction with the Mississippi River to that canal's entry to Lake 
Pontchartrain at the New Seabrook vehicular bridge.
    (f) In addition to the radiotelephone required by paragraph (b) of 
this section, each vessel described in paragraph (a) of this section 
while transiting any waters within a Vessel Traffic Service Area, must 
have on board a radiotelephone capable of transmitting and receiving on 
the VTS

[[Page 101]]

designated frequency in Table 26.03(f) (VTS Call Signs, Designated 
Frequencies, and Monitoring Areas).

    Note: A single VHF-FM radio capable of scanning or sequential 
monitoring (often referred to as ``dual watch'' capability) will not 
meet the requirements for two radios.

[[Page 102]]



     Table 26.03(f).--Vessel Traffic Services (VTS) Call Signs, Designated Frequencies, and Monitoring Areas    
----------------------------------------------------------------------------------------------------------------
 Vessel traffic services \1\      Designated frequency \2\ (channel                                             
          call sign                         designation)                             Monitoring area            
----------------------------------------------------------------------------------------------------------------
New York \3\                                                                                                    
    New York Traffic \4\....  156.550 MHz (Ch. 11) and................  The navigable waters of the Lower New   
                              156.700 MHz (Ch. 14)....................   York Harbor bounded on the east by a   
                                                                         line drawn from Norton Point to Breezy 
                                                                         Point; on the south by a line          
                                                                         connecting the entrance buoys at the   
                                                                         Ambrose Channel, Swash Channel and     
                                                                         Sandy Hook Channel to Sandy Hook Point;
                                                                         and on the southeast including the     
                                                                         waters of the Sandy Hook Bay south to a
                                                                         line drawn at latitude 40 deg.25' N.;  
                                                                         then west into waters of the Raritan   
                                                                         Bay to the Raritan River Rail Road     
                                                                         Bridge; and then north including the   
                                                                         waters of the Arthur Kill and Newark   
                                                                         Bay to the Lehigh Valley Draw Bridge at
                                                                         latitude 40 deg.41.95' N.; and then    
                                                                         east including the waters of the Kill  
                                                                         Van Kull and Upper New York Bay north  
                                                                         to a line drawn east-west from the     
                                                                         Holland Tunnel Ventilator Shaft at     
                                                                         latitude 40 deg.43.7' N.; longitude 74 
                                                                         deg.01.6' W. in the Hudson River; and  
                                                                         continuing east including the waters of
                                                                         the East River to the Throgs Neck      
                                                                         Bridge, excluding the Harlem River.    
                              156.600 MHz (Ch. 12)....................  Each vessel at anchor within the above  
                                                                         areas.                                 
Houston \3\                                                             The navigable waters north 29 deg. N.,  
                                                                         west of 94 deg.20' W., south of 29     
                                                                         deg.49' N., and east of 95 deg.20' W.; 
    Houston Traffic.........  156.550 MHz (Ch. 11)....................  The navigable waters north of a line    
                                                                         extending due west from the southern   
                                                                         most end of Exxon Dock #1 (29          
                                                                         deg.43.37' N., 95 deg.01.27' W.).      
                              156.600 MHz (Ch. 12)....................  The navigable waters south of a line    
                                                                         extending due west from the southern   
                                                                         most end of Exxon Dock #1 (29          
                                                                         deg.43.37' N., 95 deg.01.27' W.).      
Berwick Bay                                                                                                     
    Berwick Traffic.........  156.550 MHz (Ch. 11)....................  The navigable waters south of 29 deg.45'
                                                                         N., west of 91 deg.10' W., north of 29 
                                                                         deg.37' N., and east of 91 deg.18' W.  
St. Marys River                                                                                                 
    Soo Control.............  156.600 MHz (Ch. 12)....................  The navigable waters of the St. Marys   
                                                                         River between 45c deg.57' N. (De Tour  
                                                                         Reef Light) and 46 deg.38.7' N. (Ile   
                                                                         Parisienne Light), except the St. Marys
                                                                         Falls Canal and those navigable waters 
                                                                         east of a line from 46 deg.04.16' N.   
                                                                         and 46 deg.01.57' N. (La Pointe to Sims
                                                                         Point in Potagannissing Bay and Worsley
                                                                         Bay).                                  
San Francisco \3\                                                                                               
    San Francisco Offshore    156.600 MHz (Ch. 12)....................  The waters within a 38 nautical mile    
     Vessel Movement                                                     radius of Mount Tamalpais (37 deg.55.8'
     Reporting Service.                                                  N., 122 deg.34.6' W.) excluding the San
                                                                         Francisco Offshore Precautionary Area. 
    San Francisco Traffic...  156.700 MHz (Ch. 14)....................  The waters of the San Francisco Offshore
                                                                         Precautionary Area eastward to San     
                                                                         Francisco Bay including its tributaries
                                                                         extending to the ports of Stockton,    
                                                                         Sacramento and Redwood City.           
Puget Sound \5\                                                                                                 
    Seattle Traffic \6\.....  156.700 MHz (Ch. 14)....................  The navigable waters of Puget Sound,    
                                                                         Hood Canal and adjacent waters south of
                                                                         a line connecting Marrowstone Point and
                                                                         Lagoon Point in Admiralty Inlet and    
                                                                         south of a line drawn due east from the
                                                                         southernmost tip of Possession Point on
                                                                         Whidbey Island to the shoreline.       

[[Page 103]]

                                                                                                                
                              156.250 MHz (Ch. 5A)....................  The navigable waters of the Strait of   
                                                                         Juan de Fuca east of 124 deg.40' W.    
                                                                         excluding the waters in the central    
                                                                         portion of the Strait of Juan de Fuca  
                                                                         north and east of Race Rocks; the      
                                                                         navigable waters of the Strait of      
                                                                         Georgia east of 122 deg.52' W.; the San
                                                                         Juan Island Archipelago, Rosario       
                                                                         Strait, Bellingham Bay; Admiralty Inlet
                                                                         north of a line connecting Marrowstone 
                                                                         Point and Lagoon waters of the Strait  
                                                                         of Georgia east of 122 deg.52' W.; the 
                                                                         San Juan Island Archipelago, Rosario   
                                                                         Strait, Bellingham Bay; Admiralty inlet
                                                                         north of a line connecting Marrowstone 
                                                                         Point and Lagoon Point and all waters  
                                                                         east of Whidbey Island north of a line 
                                                                         drawn due east from the southernmost   
                                                                         tip of Possession Point on Whidbey     
                                                                         Island to the shoreline.               
    Tofino Traffic \7\......  156.725 MHz (Ch. 74)....................  The waters west of 124 deg.40' W. within
                                                                         50 nautical miles of the coast of      
                                                                         Vancouver Island including the waters  
                                                                         north of 48 deg. N., and east of 127   
                                                                         deg. W.                                
    Vancouver Traffic.......  156.550 MHz (Ch. 11)....................  The navigable waters of the Strait of   
                                                                         Georgia west of 122 deg.52' W., the    
                                                                         navigable waters of the central Strait 
                                                                         of Juan de Fuca north and east of Race 
                                                                         Rocks, including the Gulf Island       
                                                                         Archipelago, Boundary Pass and Haro    
                                                                         Strait.                                
Prince William Sound \8\                                                                                        
    Valdez Traffic..........  156.650 MHz (Ch. 13)....................  The navigable waters south of 61 deg.05'
                                                                         N., east of 147 deg.20' W., north of 60
                                                                         deg. N., and west of 146 deg.30' W.;   
                                                                         and, all navigable waters in Port      
                                                                         Valdez.                                
Louisville \8\                                                                                                  
    Louisville Traffic......  156.650 MHz (Ch. 13 )...................  The navigable waters of the Ohio River  
                                                                         between McAlpine Locks (Mile 606) and  
                                                                         Twelve Mile Island (Mile 593), only    
                                                                         when the McAlpine upper pool gauge is  
                                                                         at approximately 13.0 feet or above.   
----------------------------------------------------------------------------------------------------------------
                                                                                                                
Notes:                                                                                                          
                                                                                                                
\1\VTS regulations are denoted in 33 CFR Part 161. All geographic coordinates (latitude and longitude) are      
  expressed in North American Datum of 1983 (NAD 83).                                                           
\2\In the event of a communication failure either by the vessel traffic center or the vessel or radio congestion
  on a designated VTS frequency, communications may be established on an alternate VTS frequency. The bridge-to-
  bridge navigational frequency, 156.650 MHz (Channel 13), is monitored in each VTS area; and it may be used as 
  an alternate frequency, however, only to the extent that doing so provides a level of safety beyond that      
  provided by other means.                                                                                      
\3\Designated frequency monitoring is required within U.S. navigable waters. In areas which are outside the U.S.
  navigable waters, designated frequency monitoring is voluntary. However, prospective VTS Users are encouraged 
  to monitor the designated frequency.                                                                          
\4\VMRS participants shall make their initial report (Sail Plan) to New York Traffic on Channel 11 (156.550     
  MHz). All other reports, including the Final Report, shall be made on Channel 14 (156.700 MHz). VMRS and other
  VTS Users shall monitor Channel 14 (156.700 MHz) while transiting the VTS area. New York Traffic may direct a 
  vessel to monitor and report on either primary frequency depending on traffic density, weather conditions, or 
  other safety factors. This does not require a vessel to monitor both primary frequencies.                     
\5\A Cooperative Vessel Traffic Service was established by the United States and Canada within adjoining waters.
  The appropriate vessel traffic center administers the rules issued by both nations; however, it will enforce  
  only its own set of rules within its jurisdiction.                                                            
\6\Seattle Traffic may direct a vessel to monitor the other primary VTS frequency 156.250 MHz or 156.700 MHz    
  (Channel 5A or 14) depending on traffic density, weather conditions, or other safety factors, rather than     
  strictly adhering to the designated frequency required for each monitoring area as defined above. This does   
  not require a vessel to monitor both primary frequencies.                                                     
\7\A portion of Tofino Sector's monitoring area extends beyond the defined CVTS area. Designated frequency      
  monitoring is voluntary in these portions outside of VTS jurisdiction, however, prospective VTS Users are     
  encouraged to monitor the designated frequency.                                                               
\8\The bridge-to-bridge navigational frequency, 156.650 MHz (Channel 13), is used in these VTSs because the     
  level of radiotelephone transmissions does not warrant a designated VTS frequency. The listening watch        
  required by 26.05 of this chapter is not limited to the monitoring area.                                      



[[Page 104]]

[CGD 91-046, 57 FR 14485, Apr. 21, 1992; 57 FR 21740, May 22, 1992, as 
amended by CGD 90-020, 59 FR 36322, July 15, 1994; CGD 95-033, 60 FR 
28328, May 31, 1995; CGD 92-052, 61 FR 45325, Aug. 29, 1996]



Sec. 26.04   Use of the designated frequency.

    (a) No person may use the frequency designated by the Federal 
Communications Commission under section 8 of the Act, 33 U.S.C. 1207(a), 
to transmit any information other than information necessary for the 
safe navigation of vessels or necessary tests.
    (b) Each person who is required to maintain a listening watch under 
section 5 of the Act shall, when necessary, transmit and confirm, on the 
designated frequency, the intentions of his vessel and any other 
information necessary for the safe navigation of vessels.
    (c) Nothing in these regulations may be construed as prohibiting the 
use of the designated frequency to communicate with shore stations to 
obtain or furnish information necessary for the safe navigation of 
vessels.
    (d) On the navigable waters of the United States, channel 13 (156.65 
MHz) is the designated frequency required to be monitored in accordance 
with Sec. 26.05(a) except that in the area prescribed in Sec. 26.03(e), 
channel 67 (156.375 MHz) is the designated frequency.
    (e) On those navigable waters of the United States within a VTS 
area, the designated VTS frequency is an additional designated frequency 
required to be monitored in accordance with Sec. 26.05.

(85 Stat. 164; 33 U.S.C. 1201-1208; 49 CFR 1.46(n)(2))

[CGD 71-114R, 37 FR 12720, June 28, 1982, as amended by CGD 83-036, 48 
FR 30107, June 30, 1983; CGD 91-046, 57 FR 14486, Apr. 21, 1992; 57 FR 
21741, May 22, 1992; CGD 90-020, 59 FR 36323, July 15, 1994; CGD 95-033, 
60 FR 28329, May 31, 1995]



Sec. 26.05  Use of radiotelephone.

    Section 5 of the Act states that the radiotelephone required by this 
Act is for the exclusive use of the master or person in charge of the 
vessel, or the person designated by the master or person in charge to 
pilot or direct the movement of the vessel, who shall maintain a 
listening watch on the designated frequency. Nothing herein shall be 
interpreted as precluding the use of portable radiotelephone equipment 
to satisfy the requirements of this act.

[CGD 93-072, 59 FR 39963, Aug. 5, 1994]



Sec. 26.06   Maintenance of radiotelephone; failure of radiotelephone.

    Section 6 of the Act states:

    (a) Whenever radiotelephone capability is required by this Act, a 
vessel's radiotelephone equipment shall be maintained in effective 
operating condition. If the radiotelephone equipment carried aboard a 
vessel ceases to operate, the master shall exercise due diligence to 
restore it or cause it to be restored to effective operating condition 
at the earliest practicable time. The failure of a vessel's 
radiotelephone equipment shall not, in itself, constitute a violation of 
this Act, nor shall it obligate the master of any vessel to moor or 
anchor his vessel; however, the loss of radiotelephone capability shall 
be given consideration in the navigation of the vessel.



Sec. 26.07  Communications.

    No person may use the services of, and no person may serve as, a 
person required to maintain a listening watch under section 5 of the 
Act, 33 U.S.C. 1204, unless the person can communicate in the English 
language.

[CGD 90-020, 59 FR 36323, July 15, 1994, as amended by CGD 95-033, 60 FR 
28329, May 31, 1995]



Sec. 26.08   Exemption procedures.

    (a) The Commandant has redelegated to the Assistant Commandant for 
Marine Safety and Environmental Protection, U.S. Coast Guard 
Headquarters, with the reservation that this authority shall not be 
further redelegated, the authority to grant exemptions from provisions 
of the Vessel Bridge-to-Bridge Radiotelephone Act and this part.
    (b) Any person may petition for an exemption from any provision of 
the Act or this part;
    (c) Each petition must be submitted in writing to U.S. Coast Guard, 
Marine Safety and Environmental Protection, 2100 Second Street SW., 
Washington, DC 20593-0001, and must state:
    (1) The provisions of the Act or this part from which an exemption 
is requested; and

[[Page 105]]

    (2) The reasons why marine navigation will not be adversely affected 
if the exemption is granted and if the exemption relates to a local 
communication system how that system would fully comply with the intent 
of the concept of the Act but would not conform in detail if the 
exemption is granted.

[CGD 71-114R, 37 FR 12720, June 28, 1972, as amended by CGD 73-256, 39 
FR 9176, Mar. 8, 1974; CGD 88-052, 53 FR 25119, July 1, 1988; CGD 95-
057, 60 FR 34150, June 30, 1995; CGD 96-026, 61 FR 33663, June 28, 1996; 
CGD 97-023, 62 FR 33362, June 19, 1997]



Sec. 26.09   List of exemptions.

    (a) All vessels navigating on those waters governed by the 
navigation rules for Great Lakes and their connecting and tributary 
waters (33 U.S.C. 241 et seq.) are exempt from the requirements of the 
Vessel Bridge-to-Bridge Radiotelephone Act and this part until May 6, 
1975.
    (b) Each vessel navigating on the Great Lakes as defined in the 
Inland Navigational Rules Act of 1980 (33 U.S.C. 2001 et seq.) and to 
which the Vessel Bridge-to-Bridge Radiotelephone Act (33 U.S.C. 1201-
1208) applies is exempt from the requirements in 33 U.S.C. 1203, 1204, 
and 1205 and the regulations under Secs. 26.03, 26.04, 26.05, 26.06, and 
26.07. Each of these vessels and each person to whom 33 U.S.C. 1208(a) 
applies must comply with Articles VII, X, XI, XII, XIII, XV, and XVI and 
Technical Regulations 1-9 of ``The Agreement Between the United States 
of America and Canada for Promotion of Safety on the Great Lakes by 
Means of Radio, 1973.''

[CGD 72-223R, 37 FR 28633, Dec. 28, 1972, as amended by CGD 74-291, 39 
FR 44980, Dec. 30, 1974; CGD 83-003, 48 FR 7442, Feb. 18, 1983; CGD 91-
046, 57 FR 14486, Apr. 21, 1992]



PART 27--ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION--Table of Contents




Sec.
27.1  Applicability.
27.2  Effective date.
27.3  Penalty Adjustment Table.

    Authority: Pub. L. 101-410, 104 Stat. 890 as amended by Pub. L. 104-
134; 49 CFR 1.45, 1.46.

    Source: CGD 96-052, 62 FR 16700, Apr. 8, 1997, unless otherwise 
noted.



Sec. 27.1  Applicability.

    This part applies to each statutory provision under the laws 
administered by the Coast Guard concerning the maximum civil monetary 
penalty which may be assessed in either civil judicial or administrative 
proceedings.



Sec. 27.2  Effective date

    The increased penalty amounts set forth in this rule apply to all 
violations under the applicable statutes and regulations which occur 
after May 7, 1997.



Sec. 27.3  Penalty Adjustment Table

    The adjusted statutory penalty provisions and their maximum 
applicable amounts are set out in Table 1. The last column of the table 
provides the newly effective maximum penalty amounts.

                            Table 1.--Civil Monetary Penalty Inflation Adjustments *                            
----------------------------------------------------------------------------------------------------------------
                                                                                                     New maximum
             U.S. Code citation                        Civil monetary penalty description              penalty  
                                                                                                        amount  
----------------------------------------------------------------------------------------------------------------
14 U.S.C. 88(c)............................  Saving Life and Property..............................        5,500
14 U.S.C. 645(h)...........................  Confidentiality of Medical Quality Assurance Records          3,000
                                              (first offense).                                                  
14 U.S.C. 645(h)...........................  Confidentiality of Medical Quality Assurance Records         22,000
                                              (subsequent offense).                                             
33 U.S.C. 471..............................  Anchorage Ground/Harbor Regulations General...........          110
33 U.S.C. 474..............................  Anchorage Ground/Harbor Regulations St. Mary's River..          220
33 U.S.C. 495..............................  Bridges/Failure to Comply with Regulations............        1,100
33 U.S.C. 499..............................  Bridges/Drawbridges...................................        1,100
33 U.S.C. 502..............................  Bridges/Failure to Alter Bridge Obstructing Navigation        1,100
33 U.S.C. 533..............................  Bridges/Maintenance & Operation.......................        1,100
33 U.S.C. 1208(a)..........................  Bridge to Bridge Communication........................          550
33 U.S.C. 1208(b)..........................  Bridge to Bridge Communication........................          550
33 U.S.C. 1232.............................  PWSA Regulations......................................       27,500
33 U.S.C. 1236(b)..........................  Vessel Navigation: Regattas or Marine Parades.........        5,500
33 U.S.C. 1236(c)..........................  Vessel Navigation: Regattas or Marine Parades.........        5,500

[[Page 106]]

                                                                                                                
33 U.S.C. 1236(d)..........................  Vessel Navigation: Regattas or Marine Parades.........        2,500
33 U.S.C. 1319(d)..........................  Pollution Prevention..................................       27,500
33 U.S.C. 1319(g)(2)(A)....................  Pollution Prevention (per violation)..................       11,000
33 U.S.C. 1319(g)(2)(A)....................  Pollution Prevention (total under subparagraph).......       27,500
33 U.S.C. 1319(g)(2)(B)....................  Pollution Prevention (per day of violation)...........       11,000
33 U.S.C. 1319(g)(2)(B)....................  Pollution Prevention (total under subparagraph).......      137,500
33 U.S.C. 1321(b)(6)(B)(i).................  Oil/Hazardous Substances: Discharges (per violation)..       11,000
33 U.S.C. 1321(b)(6)(B)(i).................  Oil/Hazardous Substances: Discharges (total under            27,500
                                              paragraph).                                                       
33 U.S.C. 1321(b)(6)(B)(ii)................  Oil/Hazardous Substances: Discharges (per day of             11,000
                                              violation).                                                       
33 U.S.C. 1321(b)(6)(B)(ii)................  Oil/Hazardous Substances: Discharges (total under           137,500
                                              paragraph).                                                       
33 U.S.C. 1321(b)(7)(A)....................  Oil/Hazardous Substances: Discharges (per day of             27,500
                                              violation).                                                       
33 U.S.C. 1321(b)(7)(A)....................  Oil/Hazardous Substances: Discharges (per barrel of           1,100
                                              oil or unit of hazsub discharged).                                
33 U.S.C. 1321(b)(7)(B)....................  Oil/Hazardous Substances: Discharges..................       27,500
33 U.S.C. 1321(b)(7)(C)....................  Oil/Hazardous Substances: Discharges..................       27,500
33 U.S.C. 1321(b)(7)(D)....................  Oil/Hazardous Substances: Discharges (per barrel of           3,300
                                              oil or unit) of hazsub discharged).                               
33 U.S.C. 1321(j)..........................  Oil/Hazardous Substances Prevention Regulations.......       27,500
33 U.S.C. 1322(j)..........................  Marine Sanitation Devices.............................        2,200
33 U.S.C. 1322(j)..........................  Marine Sanitation Devices.............................        5,500
33 U.S.C. 1517(a)..........................  Deepwater Ports Regulations...........................       11,000
33 U.S.C. 1608(a)..........................  International Regulations.............................        5,500
33 U.S.C. 1608(b)..........................  International Regulations.............................        5,500
33 U.S.C. 1908(b)(1).......................  Pollution from Ships..................................       27,500
33 U.S.C. 1908(b)(2).......................  Pollution from Ships..................................        5,500
33 U.S.C. 2072(a)..........................  Inland Navigation Rules...............................        5,500
33 U.S.C. 2072(b)..........................  Inland Navigation Rules...............................        5,500
33 U.S.C. 2609(a)..........................  Shore Protection......................................       27,500
33 U.S.C. 2609(b)..........................  Shore Protection......................................       11,000
33 U.S.C. 2716a(a).........................  Oil Pollution Liability and Compensation..............       27,500
46 U.S.C. 1505(a)..........................  Safe Containers for International Cargo...............        5,500
46 U.S.C. App 1805(c)(2)...................  Suspension of Passenger Service.......................       55,000
46 U.S.C. 2110(e)..........................  Vessel Inspection or Examination fees.................        5,500
46 U.S.C. 2115.............................  Alcohol and Dangerous Drug Testing....................        1,000
46 U.S.C. 2302(a)..........................  Negligent Operations..................................        1,100
46 U.S.C. 2302(c)(1).......................  Negligent Operations..................................        1,100
46 U.S.C. 2306(a)(2)(B)(4).................  Vessel Reporting Requirements: Owner..................        5,500
46 U.S.C. 2306(b)(2).......................  Vessel Reporting Requirements: Master.................        1,100
46 U.S.C. 3102(c)(1).......................  Immersion Suits.......................................        5,500
46 U.S.C. 3302(j)(5).......................  Inspection Permit.....................................        1,100
46 U.S.C. 3318(a)..........................  Vessel Inspection.....................................        5,500
46 U.S.C. 3318(g)..........................  Vessel Inspection.....................................        5,500
46 U.S.C. 3318(h)..........................  Vessel Inspection.....................................        1,100
46 U.S.C. 3318(i)..........................  Vessel Inspection.....................................        1,100
46 U.S.C. 3318(j)(1).......................  Vessel Inspection.....................................       11,000
46 U.S.C. 3318(j)(1).......................  Vessel Inspection.....................................        2,000
46 U.S.C. 3318(k)..........................  Vessel Inspection.....................................       11,000
46 U.S.C. 3318(l)..........................  Vessel Inspection.....................................        5,500
46 U.S.C. 3502(e)..........................  List/Count of Passengers..............................          110
46 U.S.C. 3504(c)..........................  Notification to Passengers............................       11,000
46 U.S.C. 3504(c)..........................  Notification to Passengers............................          550
46 U.S.C. 3506.............................  Copies of Laws on Passenger Vessels...................          220
46 U.S.C. 3718(a)(1).......................  Dangerous Cargo Carriage..............................       27,500
46 U.S.C. 4106.............................  Uninspected Vessels...................................        5,500
46 U.S.C. 4311(b)..........................  Recreational Vessels (Maximum for related series of         110,000
                                              violations).                                                      
46 U.S.C. 4311(b)..........................  Recreational Vessels..................................        2,200
46 U.S.C. 4311(c)..........................  Recreational Vessels..................................        1,100
46 U.S.C. 4507.............................  Vessel Inspection.....................................        5,500
46 U.S.C. 4703.............................  Abandonment of Barges.................................        1,100
46 U.S.C. 5116(a)..........................  Load Lines............................................        5,500
46 U.S.C. 5116(b)..........................  Load Lines............................................       11,000
46 U.S.C. 5116(c)..........................  Load Lines............................................        5,500
46 U.S.C. 6103(a)..........................  Reporting Marine Casualties...........................       25,000
46 U.S.C. 6103(b)..........................  Reporting Marine Casualties...........................        5,500
46 U.S.C. 8101(e)..........................  Manning of Inspected Vessels..........................        1,100
46 U.S.C. 8101(f)..........................  Manning of Inspected Vessels..........................       11,000
46 U.S.C. 8101(g)..........................  Manning of Inspected Vessels..........................       11,000
46 U.S.C. 8101(h)..........................  Manning of Inspected Vessels..........................        1,100
46 U.S.C. 8102(a)..........................  Watchmen on Passenger Vessels.........................        1,100
46 U.S.C. 8103(f)..........................  Citizenship Requirements..............................          550

[[Page 107]]

                                                                                                                
46 U.S.C. 8104(i)..........................  Watches on Vessels....................................       11,000
46 U.S.C. 8104(j)..........................  Watches on Vessels....................................       11,000
46 U.S.C. 8302(e)..........................  Staff Department on Vessels...........................          110
46 U.S.C. 8304(d)..........................  Officer's Competency Certificates.....................          110
46 U.S.C. 8502(e)..........................  Coastwise Pilotage....................................       11,000
46 U.S.C. 8502(f)..........................  Coastwise Pilotage....................................       11,000
46 U.S.C. 8503.............................  Federal Pilots........................................       27,500
46 U.S.C. 8701(d)..........................  Merchant Mariners Documents...........................          550
46 U.S.C. 8702(e)..........................  Crew Requirements.....................................       11,000
46 U.S.C. 8906.............................  Small Vessel Manning..................................       25,000
46 U.S.C. 9308(a)..........................  Pilotage: Great Lakes.................................       11,000
46 U.S.C. 9308(b)..........................  Pilotage: Great Lakes.................................       11,000
46 U.S.C. 9308(c)..........................  Pilotage: Great Lakes.................................       11,000
46 U.S.C. 10104(b).........................  Failure to Report Sexual Offense......................        5,500
46 U.S.C. 10307............................  Posting of Agreements.................................          110
46 U.S.C. 10308(b).........................  Foreign Engagements by Seamen.........................          110
46 U.S.C. 10309(b).........................  Replacement of Lost/Deserted Seamen...................          220
46 U.S.C. 10310............................  Discharge of Seamen...................................           55
46 U.S.C. 10312(c).........................  Foreign/Intercoastal Voyages..........................          110
46 U.S.C. 10314(a)(2)......................  Pay Advances to Seamen................................          550
46 U.S.C. 10314(b).........................  Pay Advances to Seamen................................          550
46 U.S.C. 10315(c).........................  Allotments to Seamen..................................          550
46 U.S.C. 10321............................  Seamen Protection: General............................          220
46 U.S.C. 10505(b).........................  Advances..............................................          550
46 U.S.C. 10508(b).........................  Seamen Protection: General............................           22
46 U.S.C. 10711............................  Effects of Deceased Seamen............................          220
46 U.S.C. 10902(a)(2)......................  Complaints of Unfitness...............................          550
46 U.S.C. 10903(d).........................  Proceedings on Examination of Vessel..................          110
46 U.S.C. 10907(b).........................  Permission to Make Complaint..........................          550
46 U.S.C. 11101(f).........................  Accommodations for Seamen.............................          550
46 U.S.C. 11102(b).........................  Medicine Chests on Vessels............................          550
46 U.S.C. 11104(b).........................  Destitute Seamen......................................          110
46 U.S.C. 11105(c).........................  Wages on Discharge....................................          550
46 U.S.C. 11303(a).........................  Log Books.............................................          220
46 U.S.C. 11303(b).........................  Log Books.............................................          220
46 U.S.C. 11303(c).........................  Log Books.............................................          185
46 U.S.C. 11506............................  Carrying of Sheath Knives.............................           55
46 U.S.C. 12122(a).........................  Identification of Vessels.............................          550
46 U.S.C. 12309(b).........................  Numbering of Undocumented Vessels.....................        1,100
46 U.S.C. 12507(b).........................  Vessel Identification System..........................       11,000
46 U.S.C. 14701............................  Measurement of Vessels................................       22,000
46 U.S.C. 14701............................  Registry/Recording: Tonnage...........................       22,000
46 U.S.C. 14702............................  Measurement/False Statements..........................       22,000
46 U.S.C. 31309............................  Instruments and Liens.................................       11,000
46 U.S.C. 5123.............................  Hazardous Materials-Relating to Vessels...............       27,500
----------------------------------------------------------------------------------------------------------------
* Table may not include all civil monetary penalties. If penalty is not listed, check applicable statute for    
  penalty amount.                                                                                               


[CGD 96-052, 62 FR 16700, Apr. 8, 1997; CGD 96-052, 62 FR 35385, July 1, 
1997]

[[Page 108]]



                    SUBCHAPTER B--MILITARY PERSONNEL





PART 40--CADETS OF THE COAST GUARD--Table of Contents




    Authority: 14 U.S.C. 182 and 633; 49 CFR 1.46(b))



Sec. 40.1  Program for appointing cadets.

    The Coast Guard conducts a program for appointing qualified men and 
women as cadets who are admitted to the Coast Guard Academy, New London, 
Connecticut. The Superintendent of the Coast Guard Academy tenders 
appointments on the basis of previous academic performance, reported 
College Entrance Examination Board or American College Testing scores, 
and the findings of a Cadet Candidate Evaluation Board, consisting of 
Coast Guard officers appointed by the Superintendent of the Coast Guard 
Academy, which reviews each applicant's personal qualifications. In 
addition, a Service Academy Medical Examination must be satisfactorily 
completed before appointment. Applications must be submitted on Coast 
Guard form CG-4151. This form, along with additional information on the 
Cadet appointment program, may be obtained from the Director of 
Admissions, U.S. Coast Guard Academy, New London, CT 06230.

[CGD 81-004, 46 FR 4912, Jan. 19, 1981]



PART 45--ENLISTMENT OF PERSONNEL--Table of Contents




Sec.
45.1  Enlistment of personnel.
45.2  Records of enlistment of former service members.

    Authority: 14 U.S.C. 351, 371; 49 CFR 1.46(b).

    Source: CGD 82-087, 50 FR 13318, Apr. 4, 1985, unless otherwise 
noted.



Sec. 45.1  Enlistment of personnel.

    (a) The Coast Guard is a military service which operates within the 
Department of Transportation. All personnel enlisted in the Coast Guard 
are subject to the Uniform Code of Military Justice.
    (b) Any person desiring to enlist in the Coast Guard should apply at 
a Coast Guard Recruiting Office, or direct inquiries to, Coast Guard 
Recruiting Center, 4200 Wilson Boulevard, Suite 450, Arlington, VA 
22203. Enlistments in the Coast Guard shall be for general service and 
enlisted persons may be transferred as necessary from one unit to 
another. Original enlistments will be made only at regular recruiting 
offices unless otherwise directed by the Commandant. An original 
enlistment is the enlistment of an individual who has not had previous 
service in the Regular Coast Guard. In processing an application for 
enlistment, the Coast Guard will determine the mental, moral and 
physical fitness of the applicant through reference to local police 
files, character references, employers, school authorities and physical 
and mental examinations. Concealment of any fact, circumstance or 
condition existing prior to enlistment which would render the applicant 
ineligible for enlistment may subject the applicant to criminal 
penalties under the Uniform Code of Military Justice and/or 
administrative separation from the Coast Guard.

[CGD 82-087, 50 FR 13318, Apr. 4, 1985, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996]



Sec. 45.2  Records of enlistment of former service members.

    Former members who have any questions about their service or who 
need information regarding their service should contact the nearest 
Coast Guard Recruiting Office or Coast Guard Recruiting Center, 4200 
Wilson Boulevard, Suite 450, Arlington, VA 20203.

[CGD 82-087, 50 FR 13318, Apr. 4, 1985, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996]



PART 49--PAYMENT OF AMOUNTS DUE MENTALLY INCOMPETENT COAST GUARD PERSONNEL--Table of Contents




                    Subpart 49.01--General Provisions

Sec.
49.01-1  Applicability.
49.01-5  Requests for appointment of trustee.
49.01-10  Determination of incompetency.

[[Page 109]]

                         Subpart 49.05--Trustee

49.05-1  Appointment of trustee.
49.05-5  Bonding of trustee.
49.05-10  Affidavits required.

                    Subpart 49.10--Reports and Moneys

49.10-1  Reports required.
49.10-5  Payment of moneys due.
49.10-10  Cessation of payments.
49.10-15  Final accounting by trustee.

                 Subpart 49.15--Additional instructions

49.15-1  Implementing instructions.

    Authority: Secs. 1, 2, 3, 4, 64 Stat. 249, 250; 37 U.S.C. 351, 352, 
353, 354.

    Source: CGFR 51-48, 16 FR 10636, Oct. 18, 1951, unless otherwise 
noted.



                    Subpart 49.01--General Provisions



Sec. 49.01-1   Applicability.

    The Commandant of the Coast Guard is hereby designated and is 
authorized to appoint, in his discretion, the person or persons who may 
receive active-duty pay and allowances, amounts due for accumulated or 
accrued leave, or any retired or retainer pay, otherwise payable to 
personnel on the active or retired list of the Coast Guard and Coast 
Guard Reserve, entitled to Federal pay either on the active or any 
retired list of said service, who, in the opinion of competent medical 
authority, have been determined to be mentally incapable of managing 
their own affairs, and for whom no legal committee, guardian, or other 
representative has been appointed by a court of competent jurisdiction.



Sec. 49.01-5   Requests for appointment of trustee.

    Requests for the appointment of a person or persons to receive 
moneys due personnel believed to be mentally incapable of managing their 
own affairs shall be submitted to the Commandant of the Coast Guard:
    (a) By any person or persons who believe, because of relationship, 
they should be appointed to receive payments on behalf of the alleged 
incompetent;
    (b) By the Commanding Officer of the alleged incompetent if the 
latter is on active duty;
    (c) By the Commanding Officer of any Armed Forces hospital in which 
the mentally incompetent is undergoing treatment;
    (d) By the head of any veterans' hospital, or other public or 
private institution in which the alleged incompetent is undergoing 
treatment;
    (e) By any other person or organization acting for and in the best 
interests of the alleged mentally incompetent.



Sec. 49.01-10   Determination of incompetency.

    After examining the legitimacy, substance, and sufficiency of the 
application, the Commandant shall either (a) direct the Commanding 
Officer of the alleged mentally incompetent, (b) the Commanding Officer 
of the Coast Guard unit to which such incompetent may be conveniently 
referred, or (c) request the Surgeon General of the Public Health 
Service to convene or appoint, at the Public Health Hospital or 
facility, where the alleged incompetent is receiving treatment or to 
which his case may be conveniently referred, a board of not less than 
three qualified medical officers, one of whom shall be specially 
qualified in the treatment of mental disorders, to determine whether the 
alleged incompetent is capable of managing his own affairs. The record 
of proceedings, and the findings of the board shall, after action by the 
Convening or Appointive Authority thereon, be forwarded to the 
Commandant.



                         Subpart 49.05--Trustee



Sec. 49.05-1   Appointment of trustee.

    Upon receipt of a finding by a board convened or appointed in 
accordance with Sec. 49.01-10, that the alleged incompetent is mentally 
incapable of managing his own affairs, the Commandant may appoint a 
suitable person or persons, not under legal disability so to act, as 
trustee or trustees to receive in behalf of the incompetent all amounts 
due the incompetent from such sources set forth in Sec. 49.01-1, and to 
use said funds in the best interests of the incompetent.

[[Page 110]]



Sec. 49.05-5   Bonding of trustee.

    The trustee or trustees appointed to receive moneys in behalf of 
incompetent personnel shall furnish a bond in all cases when the amounts 
to be received may be expected to exceed $1,000, and in such other cases 
when deemed appropriate by the Commandant. The bond so required and 
furnished shall have as surety a company approved by the Federal 
Government, and shall be in such amount as is required by the 
Commandant. Such bonds shall be continued in effect for the life of 
trusteeship and expenses in connection with the furnishing and renewal 
of such bonds may be paid out of sums due the incompetent.



Sec. 49.05-10   Affidavits required.

    The trustee or trustees appointed to receive moneys due incompetent 
personnel shall, prior to the payment of any such moneys, execute and 
file with the Commandant an affidavit or affidavits saying and deposing 
that any moneys henceforth received by virtue of such appointment shall 
be applied solely to the use and benefit of the incompetent and that no 
fee, commission, or charge shall be demanded, or in any manner accepted, 
for any service or services rendered in connection with such appointment 
as trustee or trustees.



                    Subpart 49.10--Reports and Moneys



Sec. 49.10-1   Reports required.

    The trustee or trustees so appointed shall submit reports annually, 
or at such other times as the Commandant may designate. The report shall 
show a statement of the conditions of the trust account at the time of 
the submission of the report, including all funds received on behalf of 
the incompetent; all expenditures made in behalf of the incompetent, 
accompanied by receipts or vouchers covering such expenditures; and a 
receipt indicating that the surety bond required by Sec. 49.05-5 has 
been renewed. When the trustee is the spouse or adult dependent of the 
incompetent, receipts or vouchers need not be filed for expenditures 
made for living expenses. If the trustee or trustees fail to report 
promptly and properly at the end of any annual period or at such other 
times as the Commandant desires, the Commandant may, in his discretion, 
cause payment to such trustee or trustees to cease, and may, if deemed 
advisable, appoint another person or persons not under legal disability 
so to act, to receive future payments of moneys due the incompetent for 
the use and benefit of the incompetent.



Sec. 49.10-5   Payment of moneys due.

    Upon the appointment of a trustee or trustees to receive moneys due 
an incompetent, the authorized certifying officer having custody of that 
person's pay record shall be advised. After such notification, payments 
of moneys due the incompetent may be made by the appropriate officer in 
accordance with procedure prescribed by the Commandant. All such 
payments so made, however, shall be made to the designated trustee or 
trustees.



Sec. 49.10-10   Cessation of payments.

    (a) Payments of amounts due incompetent personnel shall cease to be 
paid to the trustee or trustees upon receipt of notification by the 
authorized certifying officer of the occurrence of any of the following:
    (1) Death of the incompetent;
    (2) Death or disability of the trustee or trustees appointed;
    (3) Receipt of notice that a committee, guardian, or other legal 
representative has been appointed for the incompetent by a court of 
competent jurisdiction;
    (4) Failure of the trustee or trustees to render the reports 
required by Sec. 49.10-1;
    (5) That there is probable cause to believe that moneys received on 
behalf of the incompetent have been, or are being, improperly used;
    (6) A finding by a board of medical officers that the heretofore 
incompetent is mentally capable of managing his own affairs;
    (7) That the Commandant deems it to be in the best interest of the 
incompetent.
    (b) In the event of termination of payments under paragraphs (a)(2), 
(4),

[[Page 111]]

(5), or (7) of this section, the Commandant may, if deemed appropriate, 
appoint a successor trustee or trustees. The successor trustee or 
trustees, so appointed, shall comply with the provisions of the 
regulations and instructions in this part issued thereunder, and do all 
acts in the manner required of the original trustee or trustees.



Sec. 49.10-15   Final accounting by trustee.

    The trustee or trustees, when payments, hereunder are terminated, 
shall file a final account with the said Commandant. Thereupon, the 
trustee or trustees will be discharged and the surety released. In event 
of death or disability of the trustee, the final accounting will be 
filed by his legal representative.



                 Subpart 49.15--Additional Instructions



Sec. 49.15-1   Implementing instructions.

    The Commandant is hereby authorized to issue such instructions not 
in conflict with the regulations in this part as may be necessary from 
time to time to give full force and effect thereto.



PART 50--COAST GUARD RETIRING REVIEW BOARD--Table of Contents




Sec.
50.1  Establishment and duties of Board.
50.2  Composition of Board.
50.3  Request for review.
50.4  Presentation of case.
50.5  Action by the Board.
50.6  Notification of final action.

    Authority: Sec. 8, 18 Stat. 127, as amended, sec. 302, 58 Stat. 287, 
as amended; 14 U.S.C. 92, 38 U.S.C. 693i.

    Note: For the text of waivers of navigation and vessel inspection 
laws and regulations, see Part 19 of this chapter.



Sec. 50.1   Establishment and duties of Board.

    (a) A Retiring Review Board, referred to in this part as the Board, 
is hereby established in the Coast Guard.
    (b) It will be the duty of the Board to review, at the request of 
any Coast Guard officer retired or released to inactive service, without 
pay, for physical disability, pursuant to the decision of a retiring 
board, the findings and decision of the retiring board. The term 
``retired or released to inactive service'' includes every kind of 
separation from the service.
    (c) After reviewing the findings and decision of a retiring board 
the Board will affirm or reverse, in whole or in part, the findings and 
decision of the retiring board.
    (d) In carrying out its duties the Board shall have the same powers 
as exercised by, or vested in, the retiring board whose findings and 
decision are being reviewed.

[10 FR 5650, May 17, 1945]



Sec. 50.2   Composition of Board.

    (a) The Board will be composed of five commissioned officers 
designated for each case from a panel appointed by the Commandant. The 
senior Coast Guard members of the panel will designate the members of 
the Board for each case, three of whom shall be officers of the Coast 
Guard and two of whom shall be officers of the Public Health Service.
    (b) The senior Coast Guard member of the Board will be President and 
the junior Coast Guard member will be Recorder.
    (c) The Board will convene at the time and place designated by the 
President for each case, and will recess and adjourn at his order.

[10 FR 5650, May 17, 1945. Redesignated at 13 FR 7303, Nov. 30, 1948, as 
amended by CGFR 53-12, 18 FR 2953, May 22, 1953]



Sec. 50.3   Request for review.

    (a) Any officer of the Coast Guard who is retired or released to 
inactive service, without pay, for a physical disability, pursuant to 
the decision of a Coast Guard retiring board, may request a review of 
the findings and decision of the retiring board.
    (b) An application requesting a review must be in writing and shall 
be addressed to the Retiring Review Board, Coast Guard Headquarters, 
Washington D.C. 20226. Forms for application for review will be provided 
upon request.
    (c) An application requesting a review shall contain:
    (1) The full name of the applicant;

[[Page 112]]

    (2) The mailing address of the applicant;
    (3) A brief statement setting out the basis of the request for 
review, showing in general the nature of error or inequity believed to 
have occurred in the findings and decision of the retiring board;
    (4) The corrective action requested;
    (5) Whether the applicant desires to appear before the Board in 
person;
    (6) Whether the applicant will be represented by counsel, and if so, 
the name and address of counsel.
    (d) No request for review shall be valid, and the Board will not 
consider an application, unless filed within fifteen years after the 
date of retirement for disability, or after the effective date of the 
act of June 22, 1944, whichever is the later.

[10 FR 5650, May 17, 1945. Redesignated at 13 FR 7303, Nov. 30, 1948]



Sec. 50.4   Presentation of case.

    (a) The applicant may present his case:
    (1) Solely by written application, or by written application 
together with any additional written evidence or argument that he may 
desire to submit;
    (2) At a hearing before the Board.
    (b) The case of an applicant may be presented by his counsel. The 
term ``counsel'' includes members of the bar in good standing, 
accredited representatives of veterans' organizations recognized by the 
Veterans' Administration under section 200 of the act of June 29, 1936 
(49 Stat. 2031, 38 U. S. C. 101), and any other person approved by the 
Board.
    (c) If an applicant signifies a desire to present his case at a 
hearing, the Board will give him written notice of the place of his 
hearing, and of the time, which shall be at least thirty days after the 
time of mailing the notice.
    (d) The Board may, upon its own motion or at the request of the 
applicant or his counsel, grant a continuance whenever it appears 
necessary, in the judgment of the Board, in order to insure a thorough, 
complete and equitable hearing.
    (e) The case of any applicant who fails to appear, either in person 
or by counsel, after being duly notified of the time and place of the 
hearing will be decided upon the written application and such other 
evidence as is available to the Board.
    (f) As far as practicable the hearings of the Board will be 
conducted in accordance with the pertinent instructions contained in 
Coast Guard Boards, 1935, as amended, except that:
    (1) Physical examination of the applicant is not mandatory, but the 
Board may request that he submit to physical examination by physicians 
of the Board's choice in any case in which it appears to the 
satisfaction of the Board to be essential;
    (2) The medical members of the Board will not submit a report and 
will not be subject to examination.
    (g) Evidence may be submitted to the Board by oral testimony under 
oath, or in the form of depositions or affidavits. Witnesses appearing 
before the Board will be subject to examination or cross-examination, as 
the case may be, by members of the Board and the applicant or his 
counsel.
    (h) The Board will consider all available service records and all 
matter adduced by the applicant that bears upon the merits of the case. 
It will not be restricted by the rules of evidence.
    (i) Classified matter of the Coast Guard will not be made available 
to an applicant or his counsel. The Board will, when it deems it 
necessary in the interest of justice and compatible with the public 
interest, make available a summary of relevant classified matter.
    (j) The Government will not assume or pay any expenses incurred by 
an applicant, or by his witnesses or counsel.

[10 FR 5650, May 17, 1945. Redesignated at 13 FR 7303, Nov. 30, 1948]



Sec. 50.5   Action by the Board.

    (a) After a complete and thorough review of the evidence before it 
the Board will, in closed session, deliberate and make its decision 
affirming or reversing the findings and decision of the retiring board 
being reviewed.
    (b) If the Board reverses the findings of the retiring board being 
reviewed, it will make complete findings, including:
    (1) Whether the applicant was incapacitated for active service;
    (2) If so, the disability causing the incapacity;

[[Page 113]]

    (3) Whether the incapacity is permanent;
    (4) Whether the incapacity was the result of an incident of service 
or incurred in the line of duty;
    (5) Whether the incapacity was the result of the applicant's own 
vicious habits;
    (6) In the case of Reserve officers and officers who have served 
under temporary appointments, when the physical disability was incurred.
    (c) The findings and decision of a majority of the Board will 
constitute the findings and decision of the Board Members who do not 
concur with the majority may file a minority report.
    (d) When the Board has concluded its proceedings in any case the 
Recorder will prepare a complete record thereof including (1) the 
application for review (2) a transcript of the hearing, if any (3) 
affidavits, briefs, and written agreements filed in the case, (4) the 
findings and decision of the Board, and (5) all other papers and 
documents necessary to reflect a true and complete record of the 
proceedings. This complete record will be transmitted to the Commandant 
for appropriate action.

[10 FR 5650, May 17, 1945. Redesignated at 13 FR 7303, Nov. 30, 1948, 
and amended at CGFR 53-12, 18 FR 2953, May 22, 1953]



Sec. 50.6   Notification of final action.

    The officer requesting the interview will be notified by letter of 
the final action taken in the case.

[CGFR 48-73, 13 FR 9333, Dec. 31, 1948]



PART 51--COAST GUARD DISCHARGE REVIEW BOARD--Table of Contents




Sec.
51.1  Basis and purpose.
51.2  Authority.
51.3  Applicability and scope.
51.4  Definitions.
51.5  Objective of review.
51.6  Propriety standard of review.
51.7  Equity standard of review.
51.8  Relevant considerations.
51.9  Discharge review procedures.
51.10  Decisions.
51.11  Records.

    Authority: 10 U.S.C. 1553.

    Source: CGD 81-104, 50 FR 41495, Oct. 11, 1985, unless otherwise 
noted.



Sec. 51.1  Basis and purpose.

    This part establishes the procedures for review of administrative 
discharges from the Coast Guard by a Discharge Review Board (DRB) or by 
the Secretary of the Department, and for the compilation of the record 
of the DRB determination, made available for public inspection, copying 
and distribution through the Armed Forces Discharge Review/Correction 
Board Reading Room.



Sec. 51.2  Authority.

    (a) The Secretary of Transportation has the authority to establish a 
Discharge Review Board (DRB) to review the discharge of a former member 
of the United States Coast Guard under the provisions of 10 U.S.C. 1553. 
This part prescribes the establishment and outlines the procedures of 
the Coast Guard Discharge Review Board. The Secretary retains the 
authority to review and take final action on the DRB's findings in the 
following cases:
    (1) Those cases in which a minority of the board requests that their 
written opinion be forwarded to the Secretary for consideration;
    (2) Those cases selected by the Commandant to inform the Secretary 
of aspects of the board's functions which may be of interest to the 
Secretary;
    (3) Any case in which the Secretary demonstrates an interest;
    (4) Any case which the President of the board believes is of 
significant interest to the Secretary.
    (b) The Commandant of the Coast Guard is delegated the authority to:
    (1) Appoint members to serve on the Discharge Review Board;
    (2) Appoint alternates to serve on the DRB in the event that a 
regularly appointed member is unavailable;
    (3) Designate a member as the President of the DRB; and
    (4) Review and take final action on all DRB decisions which are not 
reviewed by the Secretary.
[CGD 81-104, 50 FR 41495, Oct. 11, 1985, as amended by CGD 97-023, 62 FR 
33362, June 19, 1997]



Sec. 51.3  Applicability and scope.

    The provisions of this part apply to the United States Coast Guard 
including reserve-components and all former

[[Page 114]]

members who have been discharged within 15 years of the date upon which 
application for review is received by the DRB. A former member may apply 
to the DRB for a change in the character of, and/or the reason for, the 
discharge. The Coast Guard DRB review is generally applicable only to 
administrative discharges, however, the DRB may review the discharge of 
a former member by sentence of a court-martial for the purpose of 
clemency. A petition for clemency will not be considered by the DRB 
unless the applicant has exhausted all appellate remedies. Upon a 
petition for clemency, the DRB shall consider only the equity of the 
discharge awarded.



Sec. 51.4  Definitions.

    Applicant. A former member of the Coast Guard who has been 
discharged from the service but excluding those discharged by sentence 
of a court-martial, except as provided in Sec. 51.3. If the former 
member is deceased or incompetent, the term ``applicant'' includes the 
surviving spouse, next-of-kin, or legal representative who is acting on 
behalf of the former member.
    Counsel. An individual or agency designated by the applicant who 
agrees to represent the applicant in a case before the DRB. It includes, 
but is not limited to: A lawyer who is a member of the bar of a federal 
court or of the highest court of a state; an accredited representative 
designated by an organization recognized by the Administrator of 
Veterans Affairs; a representative from a state agency concerned with 
veterans affairs; or a representative from private organizations or 
local government agencies.
    Discharge. Any formal separation of a member from the Coast Guard 
which is not termed ``honorable'', including dismissals and ``dropping 
from the rolls''. This term also includes the assignment of a separation 
program designator, separation authority, the stated reason for the 
discharge, and the characterization of service.
    Discharge Review. The process by which the reason for separation, 
the procedures followed in accomplishing separation, and the 
characterization of service are evaluated. This includes determinations 
made under the provisions of 38 U.S.C. 3103(e)(2).
    Discharge Review Board. A board consisting of five members of the 
U.S. Coast Guard, appointed by the Commandant of the Coast Guard and 
vested with the authority to review the discharge of a former member. 
The board is empowered to change a discharge or issue a new discharge to 
reflect its findings, subject to review by the Commandant or the 
Secretary.
    Hearing. A proceeding which, upon request of the applicant, is 
utilized in the discharge review process enabling the applicant and/or 
the applicant's representative to appear before the DRB and present 
evidence.
    President. An officer of the United States Coast Guard appointed by 
the Commandant as President to preside over the DRB. The President will 
convene the board and may also serve as a member. If the President does 
not serve as a member of the DRB, the President shall designate a 
presiding officer for the board to serve as President.

[CGD 81-104, 50 FR 41495, Oct. 11, 1985, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996]



Sec. 51.5  Objective of review.

    The objective of the discharge review is to examine the propriety 
and equity of the applicant's discharge and to effect changes if 
necessary. The DRB will utilize its discretion to reach a fair and just 
resolution of the applicant's claim. The standards of review and the 
underlying factors which aid in determining whether the standards are 
met shall be historically consistent with criteria for determining 
honorable service. No factors shall be established which require 
automatic change, or denial of change, in a discharge.



Sec. 51.6  Propriety standard of review.

    A discharge is deemed to be proper except that:
    (a) A discharge may be improper if an error of fact, law, procedure, 
or discretion was associated with the discharge at the time of issuance 
which prejudiced the rights of the applicant.
    (b) A discharge may be improper if there has been a change in policy 
by

[[Page 115]]

the Coast Guard made expressly retroactive to the type of discharge 
under consideration.



Sec. 51.7  Equity standard of review.

    (a) A discharge is presumed to be equitable and will not be changed 
under this section unless the applicant submits evidence sufficient to 
establish, to the satisfaction of the DRB that:
    (1) The policies and procedures under which the applicant was 
discharged differ in material respects from policies and procedures 
currently applicable on a service-wide basis to discharges of that type, 
provided that current policies or procedures represent a substantial 
enhancement of the rights afforded a party in such proceedings, and 
there is substantial doubt that the applicant would have received the 
same discharge if relevant current policies and procedures had been 
available to the applicant at the time of the discharge proceedings 
under consideration; or
    (2) At the time of issuance, the discharge was inconsistent with 
standards of discipline in the Coast Guard; or
    (3) The applicant's military record and other evidence presented to 
the DRB, viewed in conjunction with the factors listed in Sec. 51.8 and 
the regulations under which the applicant was discharged, do not fairly 
justify the type of discharge received.
    (b) If the applicant was discharged with a characterized discharge 
before June 15, 1983, a change from the characterized discharge to an 
uncharacterized discharge will not be considered under the provisions of 
(a)(1) of this section unless specifically requested by the applicant. A 
determination that a discharge is inequitable according to the 
provisions of (a)(2) or (a)(3) of this section shall entitle the 
applicant to a discharge of a type to which the applicant was entitled 
at the time the original discharge was issued.



Sec. 51.8  Relevant considerations.

    In determining the equity and propriety of a former member's 
discharge, the DRB shall consider all relevant evidence presented by the 
applicant. The DRB review will include, but is not limited to, 
consideration of the following factors:
    (a) The quality of the applicant's service. In determining the 
quality of the applicant's service, the DRB may consider the applicant's 
dates and periods of service; rate or rank achieved; marks and 
evaluations received; awards, decorations and letters of commendation; 
acts of merit; combat service and wounds received; promotions and 
demotions; prior military service and type of discharge; records of 
unauthorized absence; records of non-judicial punishment; convictions by 
court-martial; records of conviction by civil authorities while a member 
of the Coast Guard; and any other relevant information respecting the 
applicant which is brought to the board's attention.
    (b) The applicant's capability to serve. In determining the 
applicant's capability to serve, the DRB considers such factors as the 
applicant's age and education; qualification for reenlistment; 
capability to adjust to military service; and family or personal 
problems.
    (c) Any evidence of arbitrary, capricious or discriminatory actions 
by individuals in authority over the applicant.
    (d) Any other information respecting the applicant considered by the 
DRB to be relevant and material to the review of the applicant's 
discharge.



Sec. 51.9  Discharge review procedures.

    (a) Preliminary. Prior to a review, applicants or their 
representatives may obtain copies of military records by submitting a 
Standard Form 180, Request Pertaining to Military Records, to the 
National Personnel Records Center (NPRC), 9799 Page Boulevard, St. 
Louis, MO. 72132. The request to the NPRC should be submitted prior to 
submitting the application for review, so that relevant information from 
the record can be included with the application.
    (b) Initiation of review. Review may be initiated by an applicant or 
by the DRB. The applicant may apply for DRB review of discharge by 
submitting DD Form 293, Application for Review of Discharge or 
Separation from the Armed Forces of the United States, along with any 
other statements, affidavits or documentation desired by the

[[Page 116]]

applicant. The application must be received by the DRB within fifteen 
(15) years of the date of the discharge. The application form can be 
obtained, along with explanatory matter, from Commandant, (G-WPM), U.S. 
Coast Guard Headquarters, 2100 2nd Street SW., Washington, DC 20593, any 
regional VA office, or by writing to the Armed Forces Review/Correction 
Board Reading Room, Pentagon Concourse, Washington, DC 20310.
    (c) Notice. (1) The DRB will provide notification advising the 
former member of--
    (i) Receipt of the applicant's request;
    (ii) The right to appear before the board in person or by counsel; 
and
    (iii) The date of review.

If the former member is deceased, written notice of DRB review will be 
sent to the surviving spouse, next of kin or legal representative of the 
former member. If the review is initiated by the DRB, notification will 
be sent to the last known address of the former member.
    (2) Prior to the initiation of the decision process, the DRB will 
notify the former member of the date by which requests to examine the 
documents to be considered by the board must be received. This notice 
will also state the date by which a request for a hearing must be made 
and the deadline for filing responses to the board.
    (3) An applicant who requests a hearing will be notified of the time 
and place of the hearing. All expenses incurred by the applicant in DRB 
proceedings and hearings are the sole responsibility of the applicant 
and are not obligations of the U.S. Coast Guard or the Department of 
Transportation. If the applicant fails to appear, except as provided in 
Sec. 51.9(f), the DRB will review the discharge and reach a decision 
based upon the evidence of record.
    (d) Withdrawal of application. An applicant may withdraw an 
application without prejudice at any time before the scheduled review. 
An application which is withdrawn will not stay the running of the 15 
year statutory limitation imposed on the authority of the DRB to review 
the discharge.
    (e) The DRB will consider the records and other data submitted by 
the applicant. The DRB may consider other probative evidence provided 
that all materials relied on by the DRB, except classified documents, 
are made available to the applicant and applicant's representative prior 
to the hearing date (or review date if no hearing is requested). The DRB 
shall not consider a classified document in the review of a discharge 
unless a summary of, or extract from, the document (deleting all 
reference to sources of information and other matters, the disclosure of 
which would, in the opinion of the classifying authority, be detrimental 
to the security interests of the United States) is made available to the 
applicant.
    (f) Postponement of review or hearing. At any time before the date 
of scheduled review or hearing, an applicant may be granted a 
continuance, provided the applicant or the applicant's counsel makes a 
written request for additional time to the DRB which shows good cause to 
justify the postponement.
    (g) Hearing procedures. The following procedures apply to DRB 
hearings:
    (1) DRB hearings are not public. Presence at hearings is limited to 
persons authorized by the Commandant or expressly requested by the 
applicant, subject to reasonable limitations based upon available space.
    (2) The Federal Rules of Evidence are not applicable to DRB 
proceedings. The presiding officer rules on matters of procedure and 
ensures that reasonable bounds of relevancy and materiality are adhered 
to in the taking of evidence.
    (3) An applicant is permitted to make a sworn or unsworn statement. 
Witness testimony will only be taken under oath or affirmation. An 
applicant or witness who makes a statement may be questioned by the DRB.
    (4) An applicant may make oral or written argument personally or 
through his or her representative.
    (h) Reconsideration. The decision of the DRB may not be reconsidered 
unless--
    (1) The only previous consideration of the case was on the motion of 
the DRB;
    (2) Changes in discharge policy occur; or
    (3) New, substantial, relevant evidence, not available to the 
applicant at

[[Page 117]]

the time of the original review, is submitted to the DRB.

[CGD 81-104, 50 FR 41495, Oct. 11, 1985, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996]



Sec. 51.10  Decisions.

    (a) The DRB will make written findings and conclusions with respect 
to all disputed facts and issues. The decision of the DRB is governed by 
the vote of a majority of the board.
    (b) A decision document is prepared for each review conducted by the 
DRB. This document contains--
    (1) The date, character of, and reason for the discharge including 
the specific authority under which the discharge was issued;
    (2) The specific change(s) requested by the applicant;
    (3) A list of the issues raised by the applicant;
    (4) The circumstances and character of the applicant's service, as 
extracted from the service record, health record and other evidence 
presented to the DRB;
    (5) References to documentary evidence, testimony or other material 
relied on by the DRB in support of its decision;
    (6) A statement of the DRB's findings with respect to each issue 
raised by the applicant;
    (7) A summary of the rationale and a statement of the DRB's 
conclusions as to whether any change, correction or modification should 
be made in the type or character of the discharge or the reason and 
authority for the discharge; and
    (8) A statement of the particular changes, correction, or 
modification made by the DRB.



Sec. 51.11  Records.

    (a) The record of the discharge review will include--
    (1) The application for review;
    (2) A summarized record of the testimony and a summary of evidence 
considered by the DRB other than information contained in the service 
records;
    (3) Briefs or written arguments submitted by or on behalf of the 
applicant;
    (4) The decision of the DRB;
    (5) Advisory opinions relief upon for the final action; and
    (6) The final action on the DRB decision by the Commandant or 
Secretary.
    (b) The record of the discharge review is incorporated into the 
service record of the applicant.
    (c) A copy of the decision of the DRB and the final action thereon 
is made available for public inspection and copying promptly after a 
notice of the final decision is sent to the applicant. However, to the 
extent required for the protection of privacy rights, identifying 
details of the applicant and other persons are deleted from the public 
record.
    (1) DRB documents made available for public inspection and copying 
are located in the Armed Forces Discharge Review/Correction Board 
Reading Room. The documents are indexed so as to enable the public to 
determine why relief was granted or denied. The index includes the case 
number, the date, character of, reason for, and authority for the 
discharge and is maintained at Coast Guard Headquarters and the Armed 
Forces Reading Room. The Armed Forces Discharge Review/Correction Board 
Reading Room publishes indexes quarterly for all boards.
    (2) Correspondence relating to matters under the cognizance of the 
Reading Room (including requests for purchase of indexes) should be 
addressed to: Armed Forces Discharge Review/Correction Board Reading 
Room, The Pentagon Concourse, Washington, DC 20310.



PART 52--BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST GUARD--Table of Contents




                    Subpart A--Purpose and Authority

Sec.
52.1  Purpose.
52.2  Authority.

      Subpart B--Establishment, Function, and Jurisdiction of Board

52.11  Establishment and composition.
52.12  Function.
52.13  Jurisdiction.

[[Page 118]]

          Subpart C--General Provisions Regarding Applications

52.21  General requirements.
52.22  Time limit for filing application.
52.23  Counsel.
52.24  Evidence.
52.25  Access to official records.
52.26  Withdrawal.

 Subpart D--Consideration of Application, Denial of Relief, and Stay of 
                               Proceedings

52.31  Consideration of application.
52.32  Denial of relief.
52.33  Stay of proceedings.

                           Subpart E--Hearings

52.41  General provision.
52.42  Notice of hearing.
52.43  Witnesses.
52.44  Expenses.
52.45  Nonappearance.

                    Subpart F--Procedure at Hearings

52.51  Conduct of hearing.
52.52  Record of hearing.

                   Subpart G--Judgment and Disposition

52.61  Deliberations and decision.
52.62  Minority report.
52.63  Record of proceedings.
52.64  Final action.
52.65  Orders.
52.66  Notification.
52.67  Reconsideration.
52.68  Time limit for final action.

        Subpart H--Payment of Claims and Implementation of Orders

52.71  Authority to pay.
52.72  Procedures.
52.73  Interpretation.
52.74  Report of settlement.

                   Subpart I--Miscellaneous Provisions

52.81  Assistance.
52.82  Submissions sent to or received from the Coast Guard.

    Authority: 10 U.S.C. 1552; 49 U.S.C. 108; Pub. L. 101-225, 103 Stat. 
1908, 1914.

    Source: 55 FR 31045, July 31, 1990, unless otherwise noted.



                    Subpart A--Purpose and Authority



Sec. 52.1  Purpose.

    This part establishes the procedure for application for correction 
of military records of the Coast Guard, for consideration of 
applications by the Department of Transportation Board for Correction of 
Military Records of the Coast Guard (hereinafter ``the Board''), and for 
settling claims or determining monetary benefits.



Sec. 52.2  Authority.

    (a) The Secretary of Transportation, acting through boards of 
civilians, is authorized to correct any military record of the Coast 
Guard when the Secretary considers it necessary to correct an error or 
remove an injustice. 10 U.S.C. 1552. Section 212 of the Coast Guard 
Authorization Act of 1989 provides that the Secretary shall ensure that 
final action on a complete application for correction is taken within 10 
months of its receipt.
    (b) Corrections made under this authority are final and conclusive 
on all officers of the Government except when procured by fraud.



      Subpart B--Establishment, Function, and Jurisdiction of Board



Sec. 52.11  Establishment and composition.

    (a) Pursuant to 10 U.S.C. 1552 and 49 U.S.C. 108(a), the Board for 
Correction of Military Records of the Coast Guard is established in the 
Office of the Secretary of Transportation.
    (b) The Secretary appoints a panel of civilian officers or employees 
of the Department of Transportation to serve as members of the Board, 
and designates one such member to serve as Chairman of the Board. The 
Chairman designates members from this panel to serve as the Board for 
each case requiring consideration by a Board. The Board consists of 
three members, and two members present constitute a quorum of the Board.
    (c) The Deputy Chairman of the Board exercises the functions 
prescribed by these regulations and such other duties as may be assigned 
by the Chairman.



Sec. 52.12  Function.

    The function of the Board is to consider all applications properly 
before it, together with all pertinent military records to determine:
    (a) Whether an error has been made in the applicant's Coast Guard 
military

[[Page 119]]

record, whether the applicant has suffered an error or injustice as the 
result of an omission or commission in his or her record, or whether the 
applicant has suffered some manifest injustice in the treatment accorded 
him or her; and
    (b) Whether the Board finds it necessary to change a military record 
to correct an error or remove an injustice.



Sec. 52.13  Jurisdiction.

    (a) The Board has jurisdiction to review and determine all matters 
properly brought before it, consistent with existing law and such 
directives as may be issued by the Secretary.
    (b) No application shall be considered by the Board until the 
applicant has exhausted all effective administrative remedies afforded 
under existing law or regulations, and such legal remedies as the Board 
may determine are practical, appropriate, and available to the 
applicant.



          Subpart C--General Provisions Regarding Applications



Sec. 52.21  General requirements.

    (a) An application for correction of a Coast Guard record shall be 
submitted on DD Form 149 (Application for Correction of Military or 
Naval Record) or an exact copy thereof, and shall be addressed to: 
Chairman, Board for Correction of Military Records of the Coast Guard 
(C-60), United States Department of Transportation, Washington, DC 
20590. Forms and explanatory material may be obtained from the Chairman 
of the Board.
    (b) The application shall be signed by the person alleging error or 
injustice in his or her military record, except that an application may 
be signed by a family member or legal representative with respect to the 
record of a deceased, incapacitated, or missing person.
    (c) No application shall be processed until it is complete. An 
application for relief is complete when all of the following have been 
received by the Board:
    (1) A signed DD Form 149, providing all necessary responses, 
including a specific allegation of error or injustice, accompanied by 
substantial proof in support of such allegation;
    (2) The military records of the applicant; and
    (3) Any applicable Department of Veterans Affairs medical records.



Sec. 52.22  Time limit for filing application.

    An application for correction of a record must be filed within three 
years after the applicant discovered or reasonably should have 
discovered the alleged error or injustice. If an application is 
untimely, the applicant shall set forth reasons in the application why 
its acceptance is in the interest of justice. An untimely application 
shall be denied unless the Board finds that sufficient evidence has been 
presented to warrant a finding that it would be in the interest of 
justice to excuse the failure to file timely.



Sec. 52.23  Counsel.

    As used in this part, the term ``counsel'' includes attorneys who 
are members in good standing of any bar; accredited representatives of 
veterans' organizations recognized by the Secretary of Veterans Affairs 
pursuant to 38 U.S.C. 3402; and other persons who, in the opinion of the 
Board, are competent to represent the applicant for correction. Whenever 
the term ``applicant'' is used in these rules, except in Sec. 52.21, the 
term shall mean an applicant or his or her counsel.



Sec. 52.24  Evidence.

    It is the responsibility of the applicant to procure such evidence, 
including official records, as the applicant desires to present in 
support of his case.



Sec. 52.25  Access to official records.

    The applicant shall have access to official records or to any 
information pertaining to the applicant which is in the custody of the 
Coast Guard, as provided in 49 CFR part 10. The applicant shall also 
have access to other Coast Guard records as provided in 49 CFR part 7.



Sec. 52.26  Withdrawal.

    The board may, in its discretion, permit the applicant to withdraw 
his or her application at any time before a final determination by the 
Secretary.

[[Page 120]]

Any further consideration by the Board of the issues raised in the 
withdrawn application shall occur only upon the filing of a new 
application.



 Subpart D--Consideration of Application, Denial of Relief, and Stay of 
                               Proceedings



Sec. 52.31  Consideration of application.

    Each application shall be reviewed by the Chairman to determine 
whether it meets the requirements of Sec. 52.21(c). The Chairman shall 
decide in appropriate cases whether to grant a hearing or to recommend 
disposition on the merits without a hearing.



Sec. 52.32  Denial of relief.

    (a) The Chairman may, notwithstanding Sec. 52.64, and without 
written findings and conclusons, deny in writing all requested relief to 
an applicant at any time prior to consideration of the applicant's case 
by a Board if:
    (1) The information or evidence submited by the applicant is 
insufficient to demonstrate probable substantial error or injustice;
    (2) Effective relief cannot be granted by the Board;
    (3) The Board does not have jurisdiction to determine the issues 
presented; or
    (4) The application has not been timely filed under Sec. 52.22 and 
the interest of justice does not require its acceptance.
    (b) Denial of relief pursuant to this section is without prejudice 
to further considration by the Board if the applicant requests further 
consideration and submits evidence in addition to that contained in his 
or her complete application. A request for further consideration shall 
be regarded as a new application for purpose of Sec. 52.68.
    (c) If relief is denied under this section, the applicant shall be 
advised of the right to further proceedings.



Sec. 52.33  Stay of proceedings.

    An application to the Board for correction of a military record does 
not operate as a stay of any proceeding or administrative action taken 
with respect to or affecting the applicant.



                           Subpart E--Hearings



Sec. 52.41  General provision.

    In each case in which the Chairman determines that a hearing is 
warranted, the applicant will be entitled to be heard orally in person, 
by counsel, or in person with counsel.



Sec. 52.42  Notice of hearing.

    (a) If the Chairman determines that a hearing is warranted, the 
Chairman shall notify the appliant that a hearing has been granted.
    (b) The date of hearing shall be not less than 21 days from the date 
of this notification. Written notice stating the date, time and place of 
the hearing shall be given to the applicant and the Coast Guard.



Sec. 52.43  Witnesses.

    (a) In any case in which the Chairman has granted a hearing, the 
applicant shall have the right to present witnesses.
    (b) It is the responsibility of the applicant to notify witnesses 
and to ensure their appearance at the date, time and place set for the 
hearing.



Sec. 52.44  Expenses.

    No expenses of any nature whatsoever incurred by an applicant, his 
or her counsel, witnesses, or others acting on behalf of the applicant 
shall be paid by the Government.



Sec. 52.45  Nonappearance.

    An applicant who fails without good cause to appear in person or by 
counsel at the appointed date, time, and place for hearing, is deemed to 
have waived the right to a hearing. The application is then considered 
by the Board on the basis of all the material of record.



                    Subpart F--Procedure at Hearings



Sec. 52.51  Conduct of hearing.

    (a) The Chairman or the Chairman's designee shall conduct a hearing 
so as to ensure a full and fair presentation of the evidence.
    (b) The hearing is not limited by legal rules of evidence but 
reasonable standards of competency, relevancy,

[[Page 121]]

and materiality are observed for the receipt and consideration of 
evidence.
    (c) All testimony shall be given under oath or affirmation.



Sec. 52.52  Record of hearing.

    A hearing pursuant to this subpart in open session shall be recorded 
verbatim and, at the discretion of the Board or direction of the 
Secretary, shall be transcribed.



                   Subpart G--Judgment and Disposition



Sec. 52.61  Deliberations and decision.

    (a) The Board is convened at the call of the Chairman and its 
meetings are recessed or adjourned by order of the Chairman. Only 
members of the Board and its staff may be present during the 
deliberations of the Board. The Board's deliberations are conducted in 
executive session and are not reported.
    (b) When the Board finds that the facts have not been fully and 
fairly disclosed by the records, testimony, and any other evidence 
before the Board, the Board may request the applicant and/or the Coast 
Guard to obtain and submit such further evidence as it considers 
essential to a complete and impartial understanding of the facts and 
issues.
    (c) An applicant may submit to the board any further evidence 
relevant to an application at any time prior to final action. The 
Chairman shall accept any such submission if, and only if, the applicant 
agrees that Sec. 52.68 shall not apply to the case.
    (d) Following the receipt of all evidence, the Chairman shall cause 
to be prepared and shall submit to the Board for its consideration a 
draft decision containing proposed findings and conclusions and a 
proposed order. A majority vote of the members of the board present at a 
meeting on any matter relating to a draft decision before the Board 
shall constitute the action of the Board. If a draft decision is 
approved by the Board, it shall become a decision of the Board.
    (e) The decision of the Board shall specify with particularity any 
change, correction, or modification of records to be made by the Coast 
Guard, and any other action deemed necessary to carry out the Board's 
recommendation.
    (f) If the Board deems it necessary to submit a comment or 
recommendation to the Secretary as to a matter arising from, but not 
directly related to, the issues in a case, it does so by separate 
communication.



Sec. 52.62  Minority report.

    In case of disagreement among Board members, a minority report may 
be submitted dissenting from or concurring with the decision of the 
Board.



Sec. 52.63  Record of proceedings.

    The Board shall prepare a complete record of each proceeding. The 
record shall include the application for relief; the written views of 
the Coast Guard, if any; any transcript of testimony; affidavits and 
documents considered by the Board; briefs and written arguments filed in 
the case; the findings, decisions, and recommendations of the Board; 
minority reports, if any; and all other materials necessary to reflect a 
true and complete history of the proceedings.



Sec. 52.64  Final action.

    (a) The Board, provided that it acts unanimously, may take final 
action on behalf of the Secretary, pursuant to 10 U.S.C. 1552, as 
follows:
    (1) The Board may deny an application for the correction of military 
records.
    (2) Unless the Chief Counsel of the Coast Guard, in submitting its 
views pursuant to Sec. 52.82(c), states that the application involves a 
significant issue of Coast Guard policy, the Board may approve an 
application for the correction of military records in any of the 
following categories:
    (i) An application to correct an enlistment or reenlistment contract 
or agreement to extend an enlistment for the purpose of effecting or 
increasing entitlement to a Selective Reenlistment Bonus;
    (ii) An application to modify an election to participate in the 
Survivor Benefit Plan;
    (iii) An application to change a reenlistment eligibility code;

[[Page 122]]

    (iv) An application to correct the character of, or reason for, a 
discharge or separation.
    (3) The Board may approve any application for correction of military 
records not falling into one of the categories in paragraph (a)(2) of 
this section, if the Chief Counsel of the Coast Guard recommends the 
same or substantially same relief as that requested by the applicant.
    (b) Except in cases where the Board takes final action under 
paragraph (a) of this section, the Board shall forward the record of its 
proceedings to the Secretary for approval, disapproval, or return for 
additional consideration. After taking final action, the Secretary shall 
return the record to the Board for disposition.



Sec. 52.65  Orders.

    (a) The Board shall issue such orders or directives as may be 
necessary to carry out a final action.
    (b) The Board may ask the Coast Guard to submit a written report to 
the Board specifying the action taken and the date thereof with respect 
to any final action.
    (c) Unless doing so is likely to nullify the relief granted, copies 
of the final decision shall be placed in the military record of the 
applicant.



Sec. 52.66  Notification.

    Subject to Department of Transportation regulations, the Board shall 
transmit to the applicant a copy of a decision. The applicant may 
inspect the record of proceedings at Board offices.



Sec. 52.67   Reconsideration.

    (a) Reconsideration of an application for correction of a military 
record shall occur if an applicant requests it and the request meets the 
requirements set forth in paragraph (a)(1) or (a)(2) of this section.
    (1) An applicant presents evidence or information that was not 
previously considered by the Board that could result in a determination 
other than that originally made. Evidence or information may only be 
considered if it could not have been presented to the Board prior to its 
original determination if the applicant had exercised reasonable 
diligence; or
    (2) An applicant presents evidence or information that the Board, or 
the Secretary as the case may be, committed legal or factual error in 
the original determination that could have resulted in a determination 
other than that originally made.
    (b) The Chairman shall docket a request for reconsideration of a 
final decision if it meets the requirements of paragraph (a)(1) or 
(a)(2) of this section. If neither of these requirements is met, the 
Chairman shall not docket such request.
    (c) The Board shall consider each application for reconsideration 
that has been docketed. None of the Board members who considered an 
applicant's original application for correction shall participate in the 
consideration of that applicant's application for reconsideration.
    (d) Action by the Board on a docketed application for 
reconsideration is subject to Sec. 52.64(b).
    (e) An applicant's request for reconsideration must be filed within 
two years after the issuance of a final decision, except as otherwise 
required by law. If the Chairman dockets an applicant's request for 
reconsideration, the two-year requirement may be waived if the Board 
finds that it would be in the interest of justice to consider the 
request despite its untimeliness.

[OST Doc. No. OST-95-878, 61 FR 24235, May 14, 1996]



Sec. 52.68  Time limit for final action.

    Final action on an application for correction of a military record 
shall be taken within 10 months after all the elements of a complete 
application, as defined in Sec. 52.21(c), have been received by the 
Board.



        Subpart H--Payment of Claims and Implementation of Orders



Sec. 52.71  Authority to pay.

    (a) The Coast Guard is authorized to pay the claims of any person as 
the result of any action heretofore or hereafter taken under 10 U.S.C. 
1552.

[[Page 123]]

    (b) The Coast Guard is not authorized to pay any claim heretofore 
compensated by Congress through enactment of private law, or to pay any 
amount as compensation for any benefit to which the claimant might 
subsequently become entitled under the laws and regulations administered 
by the Secretary of Veterans Affairs.



Sec. 52.72  Procedures.

    (a) In each case the Board transmits a copy of its decision or the 
Secretary's decision to the proper Coast Guard authority for 
determination of monetary benefits due, if any, as a result of the 
action of the Board and for corrections of the military record ordered 
by the Board.
    (b) Upon request, the claimant is required to furnish any 
information necessary to determine the proper parties to the claim for 
payment under applicable provisions of law.
    (c) Appropriate records shall be examined in light of the Board's 
decision to determine all amounts which may be due. Amounts found due 
are subject, to the extent authorized by law or regulations, to setoff 
in the amount of existing indebtedness to the Government arising from 
Coast Guard service.
    (d) At the time of payment, the claimant shall be advised as to the 
nature and amount of the various benefits represented by the total 
settlement, and of the fact that acceptance of the settlement 
constitutes a complete release by the claimant of any claim against the 
United States on account of the correction of record ordered by the 
Board.



Sec. 52.73  Interpretation.

    If the intent or import of the final decision is not clear to the 
Coast Guard or if the Coast Guard believes that executing all or part of 
the order in the final decision is beyond the Coast Guard's authority, 
the final decision shall be returned to the Board for clarification or 
technical amendment.



Sec. 52.74  Report of settlement.

    When payment is made pursuant to the order of the Board, the Board 
may request the Coast Guard to notify it of the name of any person to 
whom payment was made and of the amount of the payment.



                   Subpart I--Miscellaneous Provisions



Sec. 52.81  Assistance.

    The Board may request such advice, opinion, assistance, or use of 
the facilities of any other bureau, board, or office of the Department 
of Transportation as the Board deems necessary.



Sec. 52.82  Submissions sent to or received from the Coast Guard.

    (a) The Board shall transmit to the Chief Counsel of the Coast Guard 
a copy of each application for relief submitted under subpart C of this 
part that has not been denied pursuant to Sec. 52.32, together with any 
briefs, memoranda, and documentary evidence submitted or obtained in the 
case.
    (b) The Board may request the Coast Guard to submit any additional 
pertinent facts not disclosed in an application and its supporting 
documents.
    (c) The Chief Counsel may forward to the Board the written views of 
the Coast Guard on any case before the Board.
    (d) A copy of each submission made by the Coast Guard under this 
section shall be transmitted to the Board, which shall promptly send a 
copy to the applicant involved. Each applicant has 15 days, from the 
date the Board sends the submission, to rebut or respond to such 
submission.
    (e) Information and views furnished by the Coast Guard under this 
section shall not be binding upon the Board, but shall be considered by 
the Board along with all other information and material submitted in the 
particular case.



PART 53--COAST GUARD WHISTLEBLOWER PROTECTION--Table of Contents




Sec.
53.1  Purpose.
53.3  Applicability.
53.5  Definitions.
53.7  Requirements.
53.9  Responsibilities.
53.11  Procedures.

    Authority: 10 U.S.C. 1034, Pub. L. 100-456, Pub. L. 101-225.


[[Page 124]]


    Source: 56 FR 13405, Apr. 2, 1991, unless otherwise noted.



Sec. 53.1  Purpose.

    This part:
    (a) Establishes policy and implements section 1034 of title 10 of 
the United States Code to provide protection against reprisal to members 
of the Coast Guard for making a lawful communication to a Member of 
Congress or an Inspector General.
    (b) Assigns responsibilities and delegates authority for such 
protection and prescribes operating procedures.



Sec. 53.3  Applicability.

    This part applies to members of the United States Coast Guard, the 
Board for Correction of Military Records of the Coast Guard, and the 
Department of Transportation's Office of the Inspector General.



Sec. 53.5  Definitions.

    As used in this part, the following terms shall have the meaning 
stated, except as otherwise provided:
    Board for Correction of Military Records of the Coast Guard. The 
Department of Transportation Board for Correction of Military Records of 
the Coast Guard (Board) is empowered under 10 U.S.C. 1552 to make 
corrections of Coast Guard military records. The Board is part of the 
Office of the General Counsel in the Office of the Secretary of 
Transportation.
    Corrective Action. Any action deemed necessary to make the 
complainant whole, changes in agency regulations or practices, and/or 
administrative or disciplinary action against offending personnel, or 
referral to the U.S. Attorney General or courtmartial convening 
authority of any evidence of criminal violation.
    Inspector General. The Inspector General in the Office of Inspector 
General of the Department of Transportation, as appointed under the 
Inspector General Act of 1978.
    Law Specialist. A commissioned officer of the Coast Guard designated 
for special duty (law).
    Member of the Coast Guard. Any past or present Coast Guard uniformed 
personnel, officer or enlisted, regular or reserve. This definition 
includes cadets of the Coast Guard Academy.
    Member of Congress. In addition to a Representative or a Senator, 
the term includes any Delegate or Resident Commissioner to Congress.
    Personnel Action. Any action taken regarding a member of the Coast 
Guard that adversely affects or has the potential to adversely affect 
the member's position or his or her career. Such actions include, but 
are not limited to, a disciplinary or other corrective action; a 
transfer or reassignment; a performance evaluation; or a decision 
concerning a promotion, pay, benefits, awards, or training.
    Reprisal. Taking or threatening to take an unfavorable personnel 
action or withholding or threatening to withhold a favorable personnel 
action against a member of the Coast Guard for making or preparing to 
make a communication to a Member of Congress or an Inspector General.
    Secretary. The Secretary of Transportation or his or her delegate.



Sec. 53.7  Requirements.

    (a) No person within the Department of Transportation may restrict a 
member of the Coast Guard from lawfully communicating with a Member of 
Congress or an Inspector General.
    (b) Members of the Coast Guard shall be free from reprisal for 
making or preparing to make lawful communications to Members of Congress 
or an Inspector General.
    (c) Any employee or member of the Coast Guard who has the authority 
to take, direct others to take, or recommend or approve any personnel 
action shall not, under such authority, take, withhold, threaten to 
take, or threaten to withhold a personnel action regarding any member of 
the Coast Guard in reprisal for making or preparing to make a lawful 
communication to a Member of Congress or an Inspector General.



Sec. 53.9  Responsibilities.

    (a) The Inspector General, Department of Transportation shall:
    (1) Expeditiously investigate any allegation, if such allegation is 
submitted, that a personnel action has been taken (or threatened) in 
reprisal for

[[Page 125]]

making or preparing to make a lawful communication to a Member of 
Congress or an Inspector General concerning a complaint or disclosure of 
information that the member reasonably believes constitutes evidence of 
a violation of law or regulation, mismanagement, a gross waste of funds, 
an abuse of authority, or a substantial and specific danger to public 
health or safety. No investigation is required when such allegation is 
submitted more than 60 days after the Coast Guard member became aware of 
the personnel action that is the subject of the allegation.
    (2) Initiate a separate investigation of the information the Coast 
Guard member believes evidences wrongdoing if such investigation has not 
already been initiated. The Inspector General is not required to make 
such an investigation if the information that the Coast Guard member 
believes evidences wrongdoing relates to actions that took place during 
combat.
    (3) Complete the investigation of the allegation of reprisal and 
issue a report not later than 90 days after receipt of the allegation, 
which shall include a thorough review of the facts and circumstances 
relevant to the allegation, the relevant documents acquired during the 
investigation, and summaries of interviews conducted. The Inspector 
General may forward a recommendation as to the disposition of the 
complaint.
    (4) Submit a copy of the investigation report to the Secretary of 
Transportation and to the Coast Guard member making the allegation not 
later than 30 days after the completion of the investigation. The copy 
of the report issued to the Coast Guard member may exclude any 
information not otherwise available to the Coast Guard member under the 
Freedom of Information Act (5 U.S.C. 552).
    (5) If a determination is made that the report cannot be issued 
within 90 days of receipt of the allegation, notify the Secretary and 
the Coast Guard member making the allegation of the reasons why the 
report will not be submitted within that time, and state when the report 
will be submitted.
    (6) At the request of the Board, submit a copy of the investigative 
report to the Board.
    (7) After the final action with respect to an allegation filed under 
this part, whenever possible, interview the person who made the 
allegation to determine the views of that person concerning the 
disposition of the matter.
    (b) The Board shall, in accordance with its regulations (33 CFR part 
52):
    (1) Consider under 10 U.S.C. 1552 and 33 CFR part 52 an application 
for the correction of records made by a Coast Guard member who has filed 
a timely complaint with the Inspector General, alleging that a personnel 
action was taken in reprisal for making or preparing to make a lawful 
communication to a Member of Congress or an Inspector General. This may 
include oral argument, examining and cross-examining witnesses, taking 
depositions, and conducting an evidentiary hearing at the Board's 
discretion.
    (2) Review the report of any investigation by the Inspector General 
into the Coast Guard member's allegation of reprisal.
    (3) As deemed necessary, request the Inspector General to gather 
further evidence and issue a further report to the Board.
    (4) Issue a final decision concerning the application for the 
correction of military records under this part not later than 180 days 
after receipt of a complete application.
    (c) If the Board elects to hold an administrative hearing, the Coast 
Guard member may be represented by a Coast Guard law specialist if:
    (1) The Inspector General, in the report of the investigation, finds 
there is probable cause to believe that a personnel action was taken, 
withheld, or threatened in reprisal for the Coast Guard member making or 
preparing to make a lawful communication to a Member of Congress or an 
Inspector General;
    (2) The Chief Counsel of the Coast Guard determines that the case is 
unusually complex or otherwise requires the assistance of a law 
specialist to ensure proper presentation of the legal issues in the 
case; and

[[Page 126]]

    (3) The Coast Guard member is not represented by outside counsel 
chosen by the member.
    (d) If the Board elects to hold an administrative hearing, the Board 
must ensure that the Coast Guard member may examine witnesses through 
deposition, serve interrogatories, and request the production of 
evidence, including evidence in the Inspector General investigatory 
record but not included in the report released to the member.
    (e) If the Board determines that a personnel action was taken in 
reprisal for a Coast Guard member making or preparing to make a lawful 
communication to a Member of Congress or an Inspector General, the Board 
may forward its recommendation to the Secretary for the institution of 
appropriate administrative or disciplinary action against the individual 
or individuals found to have taken reprisal, and direct any appropriate 
correction of the member's records.
    (f) The Board shall notify the Inspector General of the Board's 
decision concerning an application for the correction of military 
records of a Coast Guard member who alleged reprisal for making or 
preparing to make a lawful communication to a Member of Congress or an 
Inspector General, and of any recommendation to the Secretary for 
appropriate administrative or disciplinary action against the individual 
or individuals found to have taken reprisal.
    (g) When reprisal is found, the Secretary shall ensure that 
appropriate corrective action is taken.



Sec. 53.11  Procedures.

    (a) Any member of the Coast Guard, who reasonably believes a 
personnel action (including the withholding of an action) was taken or 
threatened in reprisal for making or preparing to make a lawful 
communication to a Member of Congress or an Inspector General, may file 
a complaint with the DOT Inspector General Hotline under this part. Such 
a complaint may be filed by telephone, or by letter addressed to the 
Department of Transportation, Office of Inspector General, Hotline 
Center, P.O. Box 23178, Washington, D.C. 20026-0178. Telephone Numbers: 
1-800-424-9071, FTS 8-366-1461. The commercial number is (202) 366-1461.
    (b) The complaint should include the name, address, and telephone 
number of the complainant; the name and location of the activity where 
the alleged violation occurred; the personnel action taken, or 
threatened, that is alleged to be motivated by reprisal; the 
individual(s) believed to be responsible for the personnel action; the 
date when the alleged reprisal occurred; and any information that 
suggests or evidences a connection between the communication and 
reprisal. The complaint should also include a description of the 
communication to a Member of Congress or an Inspector General including 
a copy of any written communication and a brief summary of any oral 
communication showing date of communication, subject matter, and the 
name of the person or official to whom the communication was made.
    (c) A member of the Coast Guard who is alleging reprisal for making 
or preparing to make a lawful communication to a Member of Congress or 
an Inspector General, may submit an application for the correction of 
military records to the Board, in accordance with regulations governing 
the Board. See 33 CFR part 52.
    (d) An application submitted under paragraph (c) of this section 
shall be considered in accordance with regulations governing the Board. 
See 33 CFR part 52.



PART 54--ALLOTMENTS FROM ACTIVE DUTY PAY FOR CERTAIN SUPPORT OBLIGATIONS--Table of Contents




Sec.
54.01  Purpose.
54.03  Persons authorized to give notices.
54.05  Form and contents of notice.
54.07  Service of notice upon designated Coast Guard official.

    Authority: 42 U.S.C. 665(c).

    Source: CGD 82-109, 48 FR 4285, Jan. 31, 1983, unless otherwise 
noted.



Sec. 54.01  Purpose.

    This part prescribes procedures for State officials to notify the 
Coast Guard that a member on active duty is delinquent in meeting an 
obligation for child support alone, or both child and

[[Page 127]]

spousal support, in an amount equal to the support payable for two 
months or longer. Under 42 U.S.C. 665, an allotment may be taken from 
the pay and allowances of the member in this situation.



Sec. 54.03  Persons authorized to give notices.

    For the purpose of instituting an allotment under this part, notice 
that a Coast Guard member is delinquent in meeting support obligations 
may be given by:
    (a) Any agent or attorney of any State having in effect a plan 
approved under Part D of Title IV of the Social Security Act (42 U.S.C. 
651-664), who has the duty or authority to seek recovery of any amounts 
owed as child or child and spousal support, including any official of a 
political subdivision when authorized under a State plan.
    (b) The court that has authority to issue an order against the 
member for the support and maintenance of a child, or any agent of that 
court.



Sec. 54.05  Form and contents of notice.

    (a) The notice required to institute an allotment under this part 
must be given in the form of a court order, letters, or other document 
issued by a person specified in Sec. 54.03.
    (b) The notice must:
    (1) Provide the full name, social security number, and duty station 
of the member who owes the support obligation;
    (2) Specify the amount of support due, and the period in which it 
has remained owing;
    (3) Be accompanied by a certified copy of an order directing the 
payment of this support issued:
    (i) By a court of competent jurisdiction, or;
    (ii) In accordance with an administrative procedure which is 
established by State law, affords substantial due process, and is 
subject to judicial review;
    (4) Provide the full name, social security number, and mailing 
address of the person to whom the allotment is to be paid;
    (5) Identify the period in which the allotment is to remain in 
effect; and
    (6) Identify the name and birth date of all children for whom 
support is to be provided under the allotment.
    (c) Each notice must be accompanied by the following information:
    (1) For each administrative order, a copy of all provisions of state 
law governing its issuance.
    (2) For each court order and for each administrative order, if not 
stated in the support order:
    (i) An explanation as to how personal jurisdiction was obtained over 
the member; and
    (ii) A statement on the age of majority in the state law, with 
appropriate legal citations.



Sec. 54.07  Service of notice upon designated Coast Guard official.

    The notice and all accompanying documentation must be sent to 
Commanding Officer, Coast Guard Human Resources Service and Information 
Center, Federal Building, 444 S.E. Quincy Street, Topeka, KS 66683-3591, 
(913) 295-2520.

[CGD 82-109, 48 FR 4285, Jan. 31, 1983, as amended by CGD 88-052, 53 FR 
25119, July 1, 1988; CGD 97-023, 62 FR 33362, June 19, 1997]

[[Page 128]]



                    SUBCHAPTER C--AIDS TO NAVIGATION



    Cross Reference: Corps of Engineers, Department of the Army, see 
Chapter II of this title.



PART 60 [RESERVED]






PART 62--UNITED STATES AIDS TO NAVIGATION SYSTEM--Table of Contents




                           Subpart A--General

Sec.
62.1  Purpose.
62.3.  Definition of terms.
62.5  Marking for marine parades and regattas.

              Subpart B--The U.S. Aids to Navigation System

62.21  General.
62.23  Beacons and buoys.
62.25  Lateral marks.
62.27  Safe water marks.
62.29  Isolated danger marks.
62.31  Special marks.
62.33  Information and regulatory marks.
62.35  Mooring buoys.
62.37  Lighthouses.
62.39  Large navigational buoys.
62.41  Ranges.
62.43  Numbers and letters.
62.45  Light characteristics.
62.47  Sound signals.
62.49  Intracoastal Waterway identification.
62.51  Western Rivers Marking System.
62.53  Racons.

                    Subpart C--Maritime Radiobeacons

62.55  General.
62.57  Carrier type operation.
62.59  Calibration service.
62.61  Caution.

    Subpart D--Public Participation in the Aids to Navigation System

62.63  Recommendations.
62.65  Procedure for reporting defects and discrepancies.

    Authority: 14 U.S.C. 85; 33 U.S.C. 1233; 43 U.S.C. 1333; 49 CFR 
1.46.

    Source: CGD 86-031, 52 FR 42640, Nov. 6, 1987, unless otherwise 
noted.



                           Subpart A--General



Sec. 62.1  Purpose.

    (a) The Coast Guard administers the U.S. Aids to Navigation System. 
The system consists of Federal aids to navigation operated by the Coast 
Guard, aids to navigation operated by the other armed services, and 
private aids to navigation operated by other persons.
    (b) This part describes the general characteristics of the U.S. Aids 
to Navigation System, and the details, policies and procedures employed 
by the Coast Guard in establishing, maintaining, operating, changing or 
discontinuing Federal aids to navigation. Regulations concerning the 
marking of wrecks, structures, and other obstructions are found in 33 
CFR part 64. Regulations concerning private aids are found in 33 CFR 
part 66. Regulations concerning the marking of artificial islands and 
structures which are erected on or over the seabed and subsoil of the 
Outer Continental Shelf of the United States or its possessions are 
found in 33 CFR part 67. Regulations concerning the marking of bridges 
are found in 33 CFR part 118. Regulations concerning aids to navigation 
at deepwater ports are found in subchapter NN of this chapter.
    (c) The Coast Guard maintains systems of marine aids to navigation 
consisting of visual, audible, and electronic signals which are designed 
to assist the prudent mariner in the process of navigation. The aids to 
navigation system is not intended to identify every shoal or obstruction 
to navigation which exists in the navigable waters of the United States, 
but rather provides for reasonable marking of marine features as 
resources permit. The primary objective of the aids to navigation system 
is to mark navigable channels and waterways, obstructions adjacent to 
these waterways, and obstructions in areas of general navigation which 
may not be anticipated. Other waters, even if navigable, are generally 
not marked.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR 
48608, Nov. 24, 1989]

[[Page 129]]



Sec. 62.3  Definition of terms.

    Certain terms as used in this subchapter are defined as follows:
    (a) Aid to Navigation. The term aid to navigation means any device 
external to a vessel or aircraft intended to assist a navigator to 
determine position or safe course, or to warn of dangers or obstructions 
to navigation.
    (b) Commerce. The term commerce, in addition to general, national 
and international trade and commerce of the United States, includes 
trade and travel by seasonal passenger craft (marine and air), yachts, 
houseboats, fishing boats, motor boats, and other craft, whether or not 
operated for hire or profit.
    (c) Commandant. The term Commandant means the Commandant of the 
Coast Guard.
    (d) District Commander. The term District Commander means the 
commander of a Coast Guard District. Coast Guard Districts are listed in 
Part 3 of this chapter.
    (e) Corps of Engineers. The term Corps of Engineers means the Corps 
of Engineers, Department of the Army.
    (f) Person. The term person imparts both singular or plural, as the 
case demands, and includes any Federal Agency, State, Territory, 
possession, or public subdivision thereof, the District of Columbia, and 
any corporation, company, association, club, or other instrumentality.
    (g) Navigable Waters of the United States. The term Navigable waters 
of the United States is defined in Sec. 2.05-25(a) of this part.



Sec. 62.5  Marking of marine parades and regattas.

    (a) The Coast Guard may establish aids to navigation to mark marine 
parades and regattas which are regulated by the Coast Guard for the 
purpose of protecting life and property, or to assist in the observance 
and enforcement of special regulations. For marine parade and regatta 
regulations, see Part 100 of this chapter.



              Subpart B--The U.S. Aids to Navigation System



Sec. 62.21  General.

    (a) The navigable waters of the United States are marked to assist 
navigation using the U.S. Aids to Navigation System, a system consistent 
with the International Association of Lighthouse Authorities (IALA) 
Maritime Buoyage System. The IALA Maritime Buoyage System is followed by 
most of the world's maritime nations and will improve maritime safety by 
encouraging conformity in buoyage systems worldwide. IALA buoyage is 
divided into two regions made up of Region A and Region B. All navigable 
waters of the United States follow IALA Region B, except U.S. 
possessions west of the International Date Line and south of 10 degrees 
north latitude, which follow IALA Region A. Lateral aids to navigation 
in Region A vary from those described throughout this Subpart. Non-
lateral aids to navigation are the same as those used in Region B. See 
Sec. 62.25. Appropriate nautical charts and publications should be 
consulted to determine whether the Region A or Region B marking schemes 
are in effect for a given area.
    (b) The U.S. Aids to Navigation System is designed for use with 
nautical charts. Nautical charts portray the physical features of the 
marine environment, including soundings and other submarine features, 
landmarks, and other aids necessary for the proper navigation of a 
vessel. This crucial information cannot be obtained from other sources, 
even ones such as topographic maps, aeronautical charts, or atlases. The 
exact meaning of an aid to navigation may not be clear to the mariner 
unless the appropriate chart is consulted, as the chart illustrates the 
relationship of the individual aid to navigation to channel limits, 
obstructions, hazards to navigation, and to the total aids to navigation 
system.
    (c) The navigator should maintain and consult suitable publications 
and instruments for navigation depending on the vessel's requirements. 
This shipboard equipment is separate from the

[[Page 130]]

aids to navigation system, but is often essential to its use. The 
following publications are available from the U.S. Government to assist 
the navigator:
    (1) The Light List, published by the Coast Guard and available 
through the Government Printing Office or authorized sales agents, lists 
federal and private aids to navigation. It includes all major Federal 
aids to navigation and those private aids to navigation, which have been 
deemed to be important to general navigation, and includes a physical 
description of these aids and their locations.
    (2) The United States Coast Pilot, published by the National Ocean 
Service and available through that agency or authorized nautical chart 
sales agents, supplements the information shown on nautical charts. 
Subjects such as local navigation regulations, channel and anchorage 
peculiarities, dangers, climatalogical data, routes, and port facilities 
are covered.
    (3) Local Notices to Mariners are published by local Coast Guard 
District Commanders. Persons may be placed on the mailing list to 
receive local Notices by contacting the Aids to Navigation and Waterway 
Management Branch of the appropriate Coast Guard District. These notices 
pass information affecting navigation safety. Changes to aids to 
navigation, reported dangers, scheduled construction or other 
disruptions, chart corrections and similar useful marine information is 
made available through this publication.
    (4) The Notice to Mariners is a national publication similar to the 
Local Notice to Mariners, published by the Defense Mapping Agency, and 
available by writing: Director, Defense Mapping Agency, Combat Support 
Center, Code PMSA, Washington, DC 20315-0010. A letter of justification 
should be included in the request. This publication provides ocean going 
vessels significant national and international navigation and safety 
information.
    (5) The mariner should also listen to Coast Guard Broadcast Notices 
to Mariners. These broadcasts update the Local Notice to Mariners with 
more timely information. Mariners should monitor VHF-FM channel 16 to 
locate Coast Guard Marine Information Broadcasts.
    (d) The U.S. Aids to Navigation System is primarily a lateral system 
which employs a simple arrangement of colors, shapes, numbers, and light 
characteristics to mark the limits of navigable routes. This lateral 
system is supplemented by nonlateral aids to navigation where 
appropriate.
    (e) Generally, lateral aids to navigation indicate on which side of 
a vessel an aid to navigation should be passed when the vessel is 
proceeding in the Conventional Direction of Buoyage. Normally, the 
Conventional Direction of Buoyage is the direction in which a vessel 
enters navigable channels from seaward and proceeds towards the head of 
navigation. In the absence of a route leading from seaward, the 
Conventional Direction of Buoyage generally follows a clockwise 
direction around land masses. For example, proceeding southerly along 
the Atlantic Coast, from Florida to Texas along the Gulf Coast, and 
northerly along the Pacific Coast are considered as proceeding in the 
Conventional Direction of Buoyage. In some instances, this direction 
must be arbitrarily assigned. Where doubt exists, the mariner should 
consult charts and other nautical publications.
    (f) Although aids to navigation are maintained to a reasonable 
degree of reliability, the rigors of the marine environment and various 
equipment failures do cause discrepancies on occasion.
    (g) The Coast Guard makes reasonable efforts to inform the navigator 
of known discrepancies, and to correct them within a reasonable period 
of time, depending upon resources available. Occasionally, a temporary 
aid to navigation, which provides different but similar service, is 
deployed until permanent repairs can be made to the original aid. 
Notification of such temporary changes is made through the notice to 
mariners system.
    (h) Until 1994, some private aids to navigation may display 
characteristics at variance with the U.S. Aids to Navigation System. 
Mariners should exercise caution when using private aids to navigation 
because private aids are often established to serve the needs of

[[Page 131]]

specific users rather than general navigation and their purpose may not 
be obvious to casual users; and, discrepancies to private aids are often 
detected, reported, and corrected less promptly than discrepancies to 
Coast Guard aids to navigation.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR 
48608, Nov. 24, 1989]



Sec. 62.23  Beacons and buoys.

    (a) Aids to navigation are placed on shore or on marine sites to 
assist a navigator to determine his position or safe course. They may 
mark limits of navigable channels, or warn of dangers or obstructions to 
navigation. The primary components of the U.S. Aids to Navigation System 
are beacons and buoys.
    (b) Beacons are aids to navigation structures which are permanently 
fixed to the earth's surface. They range from large lighthouses to 
small, single-pile structures and may be located on land or in the 
water. Lighted beacons are called lights; unlighted beacons are called 
daybeacons.
    (1) Beacons exhibit a daymark. For small structures these are 
colored geometric shapes which make an aid to navigation readily visible 
and easily identifiable against background conditions. Generally, the 
daymark conveys to the mariner, during daylight hours, the same 
significance as does the aid's light or reflector at night. The daymark 
of large lighthouses and towers, however, consists of the structure 
itself. As a result, these daymarks do not infer lateral significance.
    (2) Vessels should not pass beacons close aboard due to the danger 
of collision with rip-rap or structure foundations, or the obstruction 
or danger that the aid marks.
    (c) Buoys are floating aids to navigation used extensively 
throughout U.S. waters. They are moored to the seabed by sinkers with 
chain or other moorings of various lengths.
    (1) The daymark of a buoy is the color and shape of the buoy and, if 
so equipped, of the topmark.
    (i) Can buoys have a cylindrical shape.
    (ii) Nun buoys have a tapered, conical shape.
    (iii) Pillar buoys have a wide cylindrical base supporting a 
narrower superstructure. They may be surmounted by colored shapes called 
topmarks.
    (iv) Spherical buoys have a round shape.
    (2) Mariners attempting to pass a buoy close aboard risk collision 
with a yawing buoy, the buoy's mooring, or with the obstruction which 
the buoy marks.
    (3) Mariners should not rely on buoys alone for determining their 
positions due to factors limiting their reliability. Prudent mariners 
will use bearings or angles from beacons or other landmarks, soundings, 
and various methods of electronic navigation. Buoys vary in reliability 
because:
    (i) Buoy positions represented on nautical charts are approximate 
positions only, due to practical limitations in positioning and 
maintaining buoys and their sinkers in precise geographical locations.
    (ii) Buoy moorings vary in length. The mooring lengths define a 
``watch circle'', and buoys can be expected to move within this circle. 
Actual watch circles do not coincide with the dots or circles 
representing them on charts.
    (iii) Buoy positions are normally verified during periodic 
maintenance visits. Between visits, environmental conditions, including 
atmospheric and sea conditions, and seabed slope and composition, may 
shift buoys off their charted positions. Also buoys may be dragged off 
station, sunk, or capsized by a collision with a vessel.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987; CGD 86-031, 52 FR 46351, Dec. 5, 
1987]



Sec. 62.25  Lateral marks.

    (a) Lateral marks define the port and starboard sides of a route to 
be followed. They may be either beacons or buoys.
    (b) Sidemarks are lateral marks which advise the mariner to stay to 
one side of the mark. Their most frequent use is to mark the sides of 
channels; however, they may be used individually to mark obstructions 
outside of clearly defined channels. Sidemarks are not always placed 
directly on a channel edge and may be positioned outside the channel as 
indicated on charts and nautical publications.

[[Page 132]]

    (1) Port hand marks indicate the left side of channels when 
proceeding in the Conventional Direction of Buoyage. Beacons have green 
square daymarks, while buoys are green can or pillar buoys.
    (2) Starboard hand marks indicate the right side of channels when 
proceeding in the Conventional Direction of Buoyage. Beacons have red 
triangular daymarks, while buoys are red nun or pillar buoys.
    (c) Preferred channel marks indicate channel junctions or 
bifurcations and may also mark wrecks or obstructions which the mariner, 
after consulting a chart to ascertain the location of the obstruction 
relative to the aid, may pass on either side. Preferred channel marks 
have red and green horizontal bands with the color of the topmost band 
indicating the preferred channel. If the topmost band is green, the mark 
serves as a port hand mark for vessels following the preferred channel 
proceeding in the Conventional Direction of Buoyage, and as a starboard 
hand mark for the other channel. Beacons would have square daymarks, 
while buoys would be can or pillar buoys. If the topmost band is red, 
the mark serves as a starboard hand mark for vessels following the 
preferred channel proceeding in the Conventional Direction of Buoyage, 
and a port hand mark for the other channel. Beacons would have 
triangular daymarks, while buoys would be nun or pillar buoys.
    (d) The above color schemes apply to IALA Region B. Marks located in 
the IALA Region A exhibit reversed color significance: port hand marks 
will be red when following the Conventional Direction of Buoyage, and 
starboard hand marks will be green. The meaning of daymark and buoy 
shapes is identical in both regions.
    (e) Certain marks on the Intracoastal Waterway may exhibit reversed 
lateral significance. See Sec. 62.49.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR 
48608, Nov. 24, 1989]



Sec. 62.27  Safe water marks.

    Safe water marks indicate that there is navigable water all around 
the mark. They are often used to indicate fairways or midchannels, or 
the seaward end of channels. Safe water marks are colored with red and 
white vertical stripes. Beacons have an octagonal daymark; red and white 
buoys are spherical or display a red spherical topmark.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR 
48608, Nov. 24, 1989]



Sec. 62.29  Isolated danger marks.

    Isolated danger marks indicate an isolated danger which may be 
passed on all sides. As these marks are erected or moored on or near 
dangers, they should not be approached closely without special caution. 
These marks are colored black with one or more broad horizontal red 
bands and are equipped with a topmark of two black spheres, one above 
the other.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR 
48608, Nov. 24, 1989]



Sec. 62.31  Special marks.

    Special marks are not primarily intended to assist safe navigation, 
but to indicate special areas or features referred to in charts or other 
nautical publications. They may be used, for example, to mark 
anchorages, cable or pipeline areas, traffic separation schemes, 
military exercise zones, ocean data acquisition systems, etc. Special 
marks are colored solid yellow.



Sec. 62.33  Information and regulatory marks.

    Information and Regulatory Marks are used to alert the mariner to 
various warnings or regulatory matters. These marks have orange 
geometric shapes against a white background. The meanings associated 
with the orange shapes are as follows:
    (a) A vertical open-faced diamond signifies danger.
    (b) A vertical diamond shape having a cross centered within 
indicates that vessels are excluded from the marked area.
    (c) A circular shape indicates that certain operating restrictions 
are in effect within the marked area.
    (d) A square or rectangular shape will contain directions or 
instructions lettered within the shape.

[[Page 133]]



Sec. 62.35  Mooring buoys.

    Mooring Buoys are white with a blue horizontal band. This 
distinctive color scheme is recommended to facilitate identification and 
to avoid confusion with aids to navigation.



Sec. 62.37  Lighthouses.

    Lighthouses are prominent beacons of varying size, color, and 
appearance employed to mark headlands, landfalls, harbor entrances, 
channel edges, hazards, and other features. While normally identified by 
their distinctive appearance, some lighthouses display diamond shaped, 
checkered daymarks to facilitate recognition.



Sec. 62.39  Large navigational buoys.

    Large Navigational Buoys (LNB's) may be considered floating 
lighthouses. They generally provide light, sound, and radiobeacon 
signals, and some are equipped with radar beacons (racons). LNB's are 
red in color, have a forty foot diameter hull, and a tower approximately 
forty feet in height.



Sec. 62.41  Ranges.

    Ranges are aids to navigation systems employing dual beacons which, 
when the structures appear to be in line, assist the mariner in 
maintaining a safe course. The appropriate nautical chart must be 
consulted when using ranges to determine whether the range marks the 
centerline of the navigable channel and also to ascertain what section 
of the range may be safety traversed. Ranges are generally, but not 
always, lighted, and display rectangular daymarks of various colors.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987; CGD 86-031, 52 FR 46351, Dec. 5, 
1987]



Sec. 62.43  Numbers and letters.

    (a) All solid red and solid green aids are numbered, with red aids 
bearing even numbers and green aids bearing odd numbers. The numbers for 
each increase in the Conventional Direction of Buoyage. Numbers are kept 
in approximately sequence on both sides of the channel by omitting 
numbers where necessary.
    (b) Only sidemarks are numbered. However, aids other than those 
mentioned above may be lettered to assist in their identification, or to 
indicate their purpose. Sidemarks may carry letters in addition to 
numbers to identify the first aid to navigation in a waterway, or when 
new aids to navigation are added to channels with previously completed 
numerical sequences. Letters on sidemarks will follow alphabetical order 
from seaward and proceeding toward the Conventional Direction of Buoyage 
and will be added to numbers as suffixes.
    (c) Aids to navigation may be fitted with light-reflecting material 
to increase their visibility in darkness. The colors of this material 
may convey the same significance as the aid except that letters and 
numbers may be white.
    (d) Exceptions to the provisions of this section will be found on 
the Western Rivers System. See Sec. 62.51.
    (e) The guidelines for the display of numbers and letters on aids to 
navigation are identical for both Region A and Region B; red aids to 
navigation display even numbers, and green aids display odd numbers.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR 
48608, Nov. 24, 1989]



Sec. 62.45  Light characteristics.

    (a) Lights on aids to navigation are differentiated by color and 
rhythm. Lighthouses and range lights may display distinctive light 
characteristics to facilitate recognition. No special significance 
should be attached to the color or rhythm of such lights. Other lighted 
aids to navigation employ light characteristics to convey additional 
information.
    (b) When proceeding in the Conventional Direction of Buoyage, aids 
to navigation, if lighted, display light characteristics as follows:
    (1) Green lights mark port (left) sides of channels and locations of 
wrecks or obstructions which are to be passed by keeping these lights on 
the port (left) hand of a vessel. Green lights are also used on 
Preferred Channel Marks where the topmost band is green.
    (2) Red lights mark starboard (right) sides of channels and 
locations of wrecks or obstructions which are to be passed by keeping 
these lights on the starboard (right) hand of a vessel. Red

[[Page 134]]

lights are also used on Preferred Channel Marks where the topmost band 
is red.
    (3) Certain lights marking the Intracoastal Waterway may display 
reversed lateral significance. See Sec. 62.49.
    (c) Yellow lights have no lateral significance. Except on the 
Western Rivers, see Sec. 62.51, white lights have no lateral 
significance. The purpose of aids exhibiting white or yellow lights may 
be determined by their shape, color, letters or numbers, and the light 
rhythm employed.
    (d) Light rhythms, except as noted in Sec. 62.51 for the Western 
Rivers, are employed as follows:
    (1) Aids with lateral significance display regularly flashing or 
regularly occulting light rhythms. Ordinarily, flashing lights 
(frequency not exceeding 30 flashes per minute) will be used.
    (2) Preferred Channel Marks display a composite group flashing light 
rhythm (groups of two flashes followed by one flash).
    (3) Safe Water Marks display a white Morse Code ``A'' rhythm (short-
long flash).
    (4) Isolated Danger Marks display a white group flashing two.
    (5) Special Marks display yellow lights with fixed or slow flashing 
rhythm preferred.
    (6) Information and Regulatory Marks display white lights of various 
rhythms.
    (7) For situations where lights require a distinct cautionary 
significance, as at sharp turns, sudden channel constrictions, wrecks, 
or obstructions, a quick flashing light rhythm (60 flashes per minute) 
may be used.
    (e) Occasionally lights use sectors to mark shoals or warn mariners 
of other dangers. Lights so equipped show one color from most directions 
and a different color or colors over definite arcs of the horizon as 
indicated on the appropriate nautical chart. These sectors provide 
approximate bearing information since the observer should note a change 
of color as the boundary between the sectors is crossed. As sector 
bearings are not precise, they should be considered a warning only and 
not used to determine exact bearing to the light.
    (f) Aids to navigation may be fitted with light-reflecting material 
to increase their visibility in darkness. Green or red reflective 
material is used only on marks which, if lighted, would exhibit a light 
of that color. Yellow reflective material is used on special marks and 
on Intracoastal Waterway marks. No significance is attached to white 
reflective material.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR 
48608, Nov. 24, 1989]



Sec. 62.47  Sound signals.

    (a) Often sound signals are located on or adjacent to aids to 
navigation. When visual signals are obscured, sound signals warn 
mariners of the proximity of danger.
    (1) Sound signals are distinguished by their tone and phase 
characteristics.
    (i) Tones are determined by the devices producing the sound (i.e., 
diaphones, diaphragm horns, reed horns, sirens, whistles, bells and 
gongs).
    (ii) Phase characteristics are defined by the signal's sound 
pattern, i.e., the number of blasts and silent periods per minute and 
their durations. Sound signals emanating from fixed structures generally 
produce a specific number of blasts and silent periods each minute when 
operating. Buoy sound signals are generally actuated by the motion of 
the sea and therefore do not emit a regular signal characteristic.
    (2) Where no live watch is maintained, sound signals are normally 
operated continuously. However, some are equipped with fog detectors 
which activate sound signals when visibility falls below a predetermined 
limit.
    (b) Mariners should not rely solely on sound signals to determine 
their positions for the following reasons:
    (1) Distance cannot be accurately determined by sound intensity.
    (2) Occasionally sound signals may not be heard in areas close to 
their location.
    (3) Signals may not sound in cases where fog exists close to, but 
not at, the location of the sound signal.
    (4) As buoy signals are generally activated by sea motion, they may 
produce no signals when seas are calm.

[[Page 135]]

    (5) As previously noted, buoy positions are not always reliable. 
Therefore their sound signals cannot be assumed to be emanating from a 
fixed position.



Sec. 62.49  Intracoastal Waterway identification.

    (a) In addition to the conventional signals, aids to navigation 
marking the Intracoastal Waterway exhibit unique yellow symbols to 
distinguish them from aids marking other waters.
    (1) Yellow triangles indicate that aids to navigation so marked 
should be passed keeping them on the starboard (right) hand of a vessel, 
regardless of the aid's number, color, or light color.
    (2) Yellow squares indicate that aids to navigation so marked should 
be passed keeping them on the port (left) hand of a vessel, regardless 
of the aid's number, color, or light color.
    (3) A horizontal yellow band provides no lateral information, but 
simply identifies aids to navigation as marking the Intracoastal 
Waterway.
    (b) The above guidelines apply for vessels traversing the 
Intracoastal Waterway in a southerly direction on the Atlantic Coast, in 
a westerly direction on the Okeechobee Waterway, or in a westerly 
direction along the Gulf Coast.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987; CGD 86-031, 52 FR 46351, Dec. 5, 
1987]



Sec. 62.51  Western Rivers Marking System.

    (a) A variation of the standard U.S. aids to navigation system 
described above is employed on the Mississippi River and tributaries 
above Baton Rouge, LA and on certain other rivers which flow toward the 
Gulf of Mexico.
    (b) The Western Rivers System varies from the standard U.S. system 
as follows:
    (1) Buoys are not numbered.
    (2) Numbers on beacons do not have odd/even lateral significance 
but, rather, indicate mileage from a fixed point (normally the river 
mouth).
    (3) Diamond-shaped non-lateral dayboards, checkered red-and-white or 
green-and-white, similar to those used in the USATONS, as appropriate, 
are used as crossing dayboards where the river channel crosses from one 
bank to the other.
    (4) Lights on green buoys and on beacons with green daymarks show a 
single flash which may be green or white.
    (5) Lights on red buoys and on beacons with red daymarks show a 
double flash [Group Flashing (2)] which may be red or white.
    (6) Isolated danger marks are not used.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD-94-091, 61 FR 
27782, June 3, 1996]



Sec. 62.53  Racons.

    (a) Aids to navigation may be enhanced by the use of radar beacons 
(racons). Racons, when triggered by a radar signal, will transmit a 
coded reply to the interrogating radar. This reply serves to identify 
the aid station by exhibiting a series of dots and dashes which appear 
on the radar display in a line emanating radially from just beyond the 
echo of the aid station. Although racons may be used on both laterally 
significant and non-laterally significant aids alike, the racon signal 
itself is for identification purposes only, and therefore carries no 
lateral significance.
    (b) Racons are also used as bridge marks to mark the best point of 
passage.



                    Subpart C--Maritime Radiobeacons



Sec. 62.55  General.

    Maritime radiobeacons operate during specific intervals as published 
in Coast Guard Light Lists. For station identification, simple 
characteristics consisting of combinations of dots and dashes are used. 
The characteristics of marker-beacons are composed of series of dashes 
for part of a 15 second cycle, which is followed by a silent period to 
complete the cycle. The transmitted power of maritime radiobeacons is 
adjusted to provide a useable signal at the service range which meets 
the operational requirement. Marker-beacons are of low power for local 
use only. Coast Guard maritime radiobeacons operate within the frequency 
band 275-335 kilohertz.

[[Page 136]]



Sec. 62.57  Carrier type operation.

    Radiobeacons superimpose the characteristic code on a carrier 
frequency which is on continuously during the period of 
transmission.This extends the usefulness of maritime radiobeacons to 
aircraft and ships employing automatic direction finders.



Sec. 62.59  Calibration service.

    Special calibration radiobeacons, as listed in the current editions 
of the Coast Guard Light Lists, will broadcast continuously for the 
purpose of enabling vessels to calibrate their direction finders upon 
request either to the cognizant District Commander, or, if time does not 
permit, directly to the calibration station. Signals for requesting 
calibration service are described in the current editions of the Coast 
Guard Light Lists. In the case of sequenced radiobeacon stations, 
continuous transmission for calibration purposes cannot be made without 
interference resulting with other stations in the same frequency group.



Sec. 62.61  Caution.

    (a) A vessel steering a course for a radiobeacon should observe the 
same precautions that apply when steering for a light or any other mark.
    (b) Distance cannot be accurately determined by radiobeacon signal. 
Mariners must exercise extreme caution when the aid to navigation which 
supports the radiobeacon is not visible, and no other means of 
determining its distance is available.
    (c) If the radiobeacon is aboard a Large Navigational Buoy (LNB) or 
on any marine site, particular care should be exercised to avoid the 
possibility of collision. In addition, caution should be exercised in 
using radiobeacons aboard floating aids, because of the possibility that 
the aid could be off station.



    Subpart D--Public Participation in the Aids to Navigation System



Sec. 62.63  Recommendations.

    (a) The public may recommend changes to existing aids to navigation, 
request new aids or the discontinuation of existing aids, and report 
aids no longer necessary for maritime safety. These recommendations 
should be sent to the appropriate District Commander.
    (b) Recommendations, requests and reports should be documented with 
as much information as possible to justify the proposed action. 
Desirable information includes:
    (1) Nature of the vessels which transit the area(s) in the question, 
including type, displacement, draft, and number of passengers and crew.
    (2) Where practicable, the kinds of navigating devices used aboard 
such vessels (e.g, magnetic or gyro compasses, radio direction finders, 
radar, loran, and searchlights).
    (3) A chartlet or sketch describing the actual or proposed location 
of the aid(s), and a description of the action requested or recommended.



Sec. 62.65  Procedure for reporting defects and discrepancies.

    (a) Mariners should notify the nearest Coast Guard facility 
immediately of any observed aids to navigation defects or discrepancies.
    (b) The Coast Guard cannot monitor the many thousands of aids in the 
U.S. Aids to Navigation System simultaneously and continuously. As a 
result, it is not possible to maintain every aid operating properly and 
on its charted position at all times. Marine safety will be enhanced if 
persons finding aids missing, sunk, capsized, damaged, off station, or 
showing characteristics other than those advertised in the Light List, 
or other publication, promptly inform the Coast Guard. When making the 
report to the Coast Guard the mariner should consult the Light List to 
ensure the correct geographical information is used due to the 
similarity of names and geographical areas.
    (c) Procedures for reporting defects and discrepancies:
    (1) Radio messages should be prefixed ``Coast Guard'' and 
transmitted directly to a Government shore radio station listed in 
Chapter five, Section 500D of Radio Navigational Aids Publication, 117A 
and 117B, for relay to the relevant District Commander.

[[Page 137]]

    (2) Radio-telegraph communication may be established by using the 
general call ``NCG'' on the 500 kilohertz frequency.
    (3) Commercial communications facilities should be used only when 
vessels are unable to contact a Government shore radio station. Charges 
for these messages will be accepted ``collect'' by the Coast Guard.



PART 64--MARKING OF STRUCTURES, SUNKEN VESSELS AND OTHER OBSTRUCTIONS--Table of Contents




                           Subpart A--General

Sec.
64.01  Purpose.
64.03  Scope.
64.06  Definition of terms.

            Subpart B--Sunken Vessels and Other Obstructions

64.11  Marking and notification requirements.
64.13  Approval of markings.
64.16  Duration of marking on sunken vessels in navigable waters.

                          Subpart C--Structures

64.21  Marking and notification requirements.
64.23  Duration of marking on structures.

                   Subpart D--Miscellaneous Provisions

64.31  Determination of hazard to navigation.
64.33  Marking by the Coast Guard.

    Authority: 14 U.S.C. 633; 33 U.S.C. 409, 1231; 42 U.S.C. 9118; 43 
U.S.C. 1333; 49 CFR 1.46.

    Source: CGD 78-156, 48 FR 11267, Mar. 17, 1983, unless otherwise 
noted.



                           Subpart A--General

    Source: CGD 78-156, 48 FR 11267, Mar. 17, 1983, unless otherwise 
noted. Redesignated by CGD 91-031, 57 FR 43402, Sept. 21, 1992.



Sec. 64.01  Purpose.

    This part prescribes rules relating to the marking of structures, 
sunken vessels and other obstructions for the protection of maritime 
navigation.



Sec. 64.03  Scope.

    (a) Except as provided in paragraph (b) of this section these rules 
apply to:
    (1) Structures located in or over waters subject to the jurisdiction 
of the United States and, on the high seas, structures owned or operated 
by persons subject to the jurisdiction of the United States;
    (2) Sunken vessels in the navigable waters or waters above the 
continental shelf of the United States; and
    (3) Other obstructions existing on or in the navigable waters or 
waters above the continental shelf of the United States.
    (b) The following obstructions are exempt from the requirements of 
this part:
    (1) Dredging pipelines subject to Subchapter D of this chapter;
    (2) Bridges subject to Subchapter J of this chapter;
    (3) Vessels subject to the International Regulations for preventing 
Collisions at Sea, 1972 (1972 COLREGS) or the Inland Navigation Rules;
    (4) Deepwater port facilities subject to subchapter NN of this 
chapter; and
    (5) Artificial islands and structures subject to Part 67 of this 
subchapter.



Sec. 64.06  Definition of terms.

    As used in this part:
    Hazard to navigation means an obstruction, usually sunken, that 
presents sufficient danger to navigation so as to require expeditious, 
affirmative action such as marking, removal, or redefinition of a 
designated waterway to provide for navigational safety.
    Markings means the lights and other signals placed on or near 
structures, sunken vessels, and other obstructions for the protection of 
navigation.
    Obstruction means anything that restricts, endangers, or interferes 
with navigation.
    Structures means any fixed or floating obstruction, intentionally 
placed in the water, which may interfere with or restrict marine 
navigation.

[CGD 78-156, 48 FR 11267, Mar. 17, 1983. Redesignated and amended by CGD 
91-031, 57 FR 43402, Sept. 21, 1992]



            Subpart B--Sunken Vessels and Other Obstructions

    Source: CGD 78-156, 48 FR 11267, Mar. 17, 1983, unless otherwise 
noted. Redesignated by CGD 91-031, 57 FR 43402, Sept. 21, 1992.

[[Page 138]]



Sec. 64.11  Marking and notification requirements.

    (a) The owner of a vessel, raft, or other craft wrecked and sunk in 
a navigable channel shall mark it immediately with a buoy or daymark 
during the day and with a light at night. The owner of a sunken vessel, 
raft, or other obstruction that otherwise constitutes a hazard to 
navigation shall mark it in accordance with this subchapter.
    (b) Owners of vessels sunk in waters subject to the jurisdiction of 
the United States or sunk on the high seas, if the owner is subject to 
the jurisdiction of the United States, shall promptly report to the 
District Commander, in whose jurisdiction the obstruction is located, 
the action they are taking to mark the sunken vessel, giving the 
following information (in addition to the report required by 46 CFR 
4.05-1, Notice of Marine Casualty):
    (1) Name and description of the sunken vessel;
    (2) Accurate description of the location of the vessel;
    (3) Depth of water over the vessel; and
    (4) Location and type of marking established, including color and 
shape of buoy or other daymark and characteristic of the light.
    (c) Owners of other obstructions may report the existence of such 
obstructions and mark them in the same manner as prescribed for sunken 
vessels.
    (d) Owners of marine pipelines that are determined to be hazards to 
navigation shall report and mark the hazardous portion of those 
pipelines in accordance with 49 CFR parts 192 or 195, as applicable.

    Note: Outer Continental Shelf (OCS) lessees are subject to 
additional notification requirements provided in OCS Order No.1, 
paragraph 4 (44 FR 76216, December 21, 1979), issued by U.S. Geological 
Survey.

[CGD 78-156, 48 FR 11267, Mar. 17, 1983. Redesignated and amended by CGD 
91-031, 57 FR 43402, Sept. 21, 1992]



Sec. 64.13  Approval of markings.

    (a) All markings of sunken vessels and other obstructions 
established in accordance with Sec. 64.10-1 must be reported to and 
approved by the appropriate District Commander.
    (b) Should the District Commander determine that these markings are 
inconsistent with Part 62 of this subchapter, they must be replaced as 
soon as practicable with approved markings.



Sec. 64.16  Duration of marking on sunken vessels in navigable waters.

    Markings shall be maintained until:
    (a) The sunken vessel or other obstruction is removed; or
    (b) The right of the owner to abandon is legally established and 
exercised.

    Note: Notices of abandonment of sunken vessels or other obstructions 
will not be accepted by the Coast Guard. Any notice of intention to 
abandon should be addressed to the District Engineer, Corps of 
Engineers, U.S. Army, within whose district the sunken vessel or other 
obstruction is located.



                          Subpart C--Structures

    Source: CGD 78-156, 48 FR 11267, Mar. 17, 1983, unless otherwise 
noted. Redesignated by CGD 91-031, 57 FR 43402, Sept. 21, 1992.



Sec. 64.21  Marking and notification requirements.

    Before establishing a structure, the owner or operator shall apply 
for Coast Guard authorization to mark the structure in accordance with 
Sec. 66.01-5 of this chapter. The appropriate District Commander will 
determine the marking requirements.



Sec. 64.23  Duration of marking on structures.

    Markings determined to be required shall be established and 
maintained until:
    (a) The structure is removed; or
    (b) Otherwise directed by the District Commander.



                   Subpart D--Miscellaneous Provisions

    Source: CGD 78-156, 48 FR 11267, Mar. 17, 1983, unless otherwise 
noted. Redesignated by CGD 91-031, 57 FR 43402, Sept. 21, 1992.



Sec. 64.31  Determination of hazard to navigation.

    In determining whether an obstruction is a hazard to navigation for 
the purposes of marking, the District Commander considers, but is not 
limited to, the following factors:

[[Page 139]]

    (a) Location of the obstruction in relation to the navigable channel 
and other navigational traffic patterns;
    (b) Navigational difficulty in the vicinity of the obstruction;
    (c) Depth of water over the obstruction, fluctuation of the water 
level, and other hydrologic characteristics in the area;
    (d) Draft, type, and density of vessel traffic or other marine 
activity in the vicinity of the obstruction;
    (e) Physical characteristics of the obstruction;
    (f) Possible movement of the obstruction;
    (g) Location of the obstruction in relation to other obstructions or 
aids to navigation;
    (h) Prevailing and historical weather conditions;
    (i) Length of time that the obstruction has been in existence;
    (j) History of vessel incidents involving the obstruction; and
    (k) Whether the obstruction is defined as a hazard to navigation 
under other statutes or regulations.

[CGD 91-031, 57 FR 43403, Sept. 21, 1992]



Sec. 64.33  Marking by the Coast Guard.

    (a) The District Commander may mark for the protection of maritime 
navigation any structure, sunken vessel or other obstruction that is not 
suitably marked by the owner. Markings established by the Coast Guard do 
not relieve the owner's duty or responsibility to mark the sunken vessel 
or other obstruction, or to remove it as required by law.
    (b) Costs for markings established by the Coast Guard will be 
determined in accordance with part 74 of this Chapter.
    (c) Costs for marking of a sunken vessel or other obstruction shall 
be charged to the owner and shall continue until:
    (1) The vessel or other obstruction is removed;
    (2) The right of the owner to abandon is legally established and has 
been exercised; or
    (3) The District Commander directs otherwise.

    Note: When the needs of navigation permit, the owner may be given 
reasonable opportunity to establish and maintain the necessary markings.



PART 66--PRIVATE AIDS TO NAVIGATION--Table of Contents




      Subpart 66.01--Aids to Navigation Other Than Federal or State

Sec.
66.01-1  Basic provisions.
66.01-3  Delegation of authority to District Commanders.
66.01-5  Application procedure.
66.01-10  Characteristics.
66.01-15  Action by Coast Guard.
66.01-20  Inspection.
66.01-25  Discontinuance and removal.
66.01-30  Corps of Engineers' approval.
66.01-40  Exemptions.
66.01-45  Penalties.
66.01-50  Protection of private aids to navigation.
66.01-55  Transfer of ownership.

                 Subpart 66.05--State Aids to Navigation

66.05-1  Purpose.
66.05-5  Definition of terms used in this subpart and Subpart 66.10.
66.05-10  State waters for private aids to navigation; designations; 
          revisions, and revocations.
66.05-20  Coast Guard-State agreements.
66.05-25  Change and modification of State aids to navigation.
66.05-30  Notice to Mariners.
66.05-35  Private aids to navigation other than State owned.
66.05-40  Corps of Engineers' approval.
66.05-100  Designation of navigable waters as State waters for private 
          aids to navigation.

          Subpart 66.10--Uniform State Waterway Marking System

66.10-1  General.
66.10-5  Regulatory markers.
66.10-10  Geometric shapes and wording on regulatory markers.
66.10-15  Aids to navigation.
66.10-20  Size, shape, material and construction of markers.
66.10-25  Numbers, letters or words on markers.
66.10-30  Reflectors or retroreflective materials.
66.10-35  Navigation lights.
66.10-40  Ownership identification.
66.10-45  Mooring (anchor) buoys.

    Authority: 14 U.S.C. 83, 85; 43 U.S.C. 1333; 49 CFR 1.46.

[[Page 140]]



      Subpart 66.01--Aids to Navigation Other Than Federal or State

    Source: CGFR 68-152, 33 FR 19816, Dec. 27, 1968, unless otherwise 
noted.



Sec. 66.01-1   Basic provisions.

    (a) No person, public body or instrumentality not under the control 
of the Commandant, exclusive of the Armed Forces, shall establish and 
maintain, discontinue, change or transfer ownership of any aid to 
maritime navigation, without first obtaining permission to do so from 
the Commandant.
    (b) For the purposes of this subpart, the term private aids to 
navigation includes all marine aids to navigation operated in the 
navigable waters of the United States other than those operated by the 
Federal Government (part 62 of this subchapter) or those operated in 
State waters for private aids to navigation (subpart 66.05).
    (c) Coast Guard authorization of a private aid to navigation does 
not authorize any invasion of private rights, nor grant any exclusive 
privileges, nor does it obviate the necessity of complying with any 
other Federal, State or local laws or regulations.
    (d) With the exception of radar beacons (racons) and shore based 
radar stations, operation of electronic aids to navigation as private 
aids will not be authorized.

[CGFR 68-152, 33 FR 19816, Dec. 27, 1968, as amended by CGD 85-057, 51 
FR 11448, Apr. 3, 1986]



Sec. 66.01-3   Delegation of authority to District Commanders.

    (a) Pursuant to the authority in 49 CFR 1.4(g), the Commandant 
delegates to the District Commanders within the confines of their 
respective districts (see Part 3 of this chapter for descriptions) the 
authority to grant permission to establish and maintain, discontinue, 
change or transfer ownership of private aids to maritime navigation, and 
otherwise administer the requirements of this subpart.
    (b) The decisions of the District Commander may be appealed within 
30 days from the date of decision. The decision of the Commandant in any 
case is final.



Sec. 66.01-5   Application procedure.

    Application to establish and maintain, discontinue, change, or 
transfer ownership of a private aid to navigation shall be made to the 
Commander of the Coast Guard District in which the private aid to 
navigation is or will be located. Application forms (CG-2554) will be 
provided upon request. The applicant shall complete all parts of the 
form applicable to the aid to navigation concerned, and shall forward 
the application in triplicate to the District Commander. The following 
information is required:
    (a) The proposed position of the aid to navigation by two or more 
horizontal angles, or bearings and distance from charted landmarks. A 
section of chart or sketch showing the proposed location of the aid to 
navigation shall be included.
    (b) The name and address of the person at whose expense the aid will 
be maintained.
    (c) The name and address of the person who will maintain the aid to 
navigation.
    (d) The time and dates during which it is proposed to operate the 
aid.
    (e) The necessity for the aid.
    (f) For lights: The color, characteristic, height above water, and 
description of illuminating apparatus.
    (g) For fog signals: Type (whistle, horn, bell, etc.) and 
characteristic.
    (h) For buoys or daybeacons: Shape, color, number, or letter, depth 
of water in which located or height above water.
    (i) For racons: Manufacturer and model number of racon, height above 
water of desired installation, and requested coding characteristic. 
Equipment must have FCC authorization.

[CGFR 68-152, 33 FR 19816, Dec. 27, 1968, as amended by CGD 85-057, 51 
FR 11448, Apr. 3, 1986]



Sec. 66.01-10  Characteristics.

    (a) The characteristics of a private aid to navigation shall conform 
to the United States Aids to Navigation System described in Subpart B of 
Part 62 of this subchapter, except that only tungsten-incandenscent 
light sources will be approved for electric lights.
    (b) Owners of previously authorized, but nonconforming, private aids 
to navigation must bring such aids to

[[Page 141]]

navigation into conformance with the U.S. Aids to Navigation System not 
later than December 31, 1994.

[CGD 86-031, 52 FR 42645, Nov. 6, 1987, as amended by CGD 93-047, 58 FR 
64153, Dec. 6, 1993



Sec. 66.01-15   Action by Coast Guard.

    (a) The District Commander receiving the application will review it 
for completeness and will assign the aid one of the following 
classifications:
    Class I: Aids to navigation on marine structures or other works 
which the owners are legally obligated to establish, maintain and 
operate as prescribed by the Coast Guard.
    Class II: Aids to navigation exclusive of Class I located in waters 
used by general navigation.
    Class III: Aids to navigation exclusive of Class I located in waters 
not ordinarily used by general navigation.
    (b) Upon approval by the District Commander, a signed copy of the 
application will be returned to the applicant. Approval for the 
operation of radar beacons (racons) will be effective for an initial two 
year period, then subject to annual review without further submission 
required of the owner.

[CGFR 68-152, 33 FR 19816, Dec. 27, 1968, as amended by CGD 85-057, 51 
FR 11448, Apr. 3, 1986]



Sec. 66.01-20   Inspection.

    All classes of private aids to navigation shall be maintained in 
proper operating condition. They are subject to inspection by the Coast 
Guard at any time and without prior notice.



Sec. 66.01-25   Discontinuance and removal.

    (a) No person, public body or instrumentality shall change, move or 
discontinue any authorized private aid to navigation required by statute 
or regulation (Class I, Sec. 66.01-15) without first obtaining 
permission to do so from the District Commander.
    (b) Any authorized private aid to navigation not required by statute 
or regulation (Classes II and III, Sec. 66.01-15) may be discontinued 
and removed by the owner after 30 days' notice to the District Commander 
to whom the original request for authorization for establishment of the 
aid was submitted.
    (c) Private aids to navigation which have been authorized pursuant 
to this part shall be discontinued and removed without expense to the 
United States by the person, public body or instrumentality establishing 
or maintaining such aids when so directed by the District Commander.



Sec. 66.01-30   Corps of Engineers' approval.

    (a) Before any private aid to navigation consisting of a fixed 
structure is placed in the navigable waters of the United States, 
authorization to erect such structure shall first be obtained from the 
District Engineer, U.S. Army Corps of Engineers in whose district the 
aid will be located.
    (b) The application to establish any private aid to navigation 
consisting of a fixed structure shall show evidence of the required 
permit having been issued by the Corps of Engineers.



Sec. 66.01-40  Exemptions.

    (a) Nothing in the preceding sections of this subpart shall be 
construed to interfere with or nullify the requirements of existing laws 
and regulations pertaining to the marking of structures, vessels and 
other obstructions sunken in waters subject to the jurisdiction of the 
United States (Part 64 of this subchapter), the marking of artificial 
islands and structures which are erected on or over the seabed and 
subsoil of the Outer Continental Shelf (Part 67 of this subchapter), or 
the lighting of bridges over navigable waters of the United States 
(Subchapter J of this subchapter).
    (b) Persons marking bridges pursuant to Subchapter J of this title 
are exempted from the provisions of Sec. 66.01-5.

[CGD 78-156, 48 FR 11268, Mar. 17, 1983]



Sec. 66.01-45  Penalties.

    Any person, public body or instrumentality, excluding the armed 
forces, who shall establish, erect or maintain any aid to maritime 
navigation without first obtaining authority to do so from the Coast 
Guard, with the exception of those established in accordance with 
Sec. 64.10 of this chapter, or who shall violate the regulations 
relative thereto

[[Page 142]]

issued in this part, is subject to the provisions of 14 U.S.C. 83.

[CGD 78-156, 48 FR 11268, Mar. 17, 1983]



Sec. 66.01-50   Protection of private aids to navigation.

    Private aids to navigation lawfully maintained under these 
regulations are entitled to the same protection against interference or 
obstruction as is afforded by law to Coast Guard aids to navigation 
(Part 70 of this subchapter). If interference or obstruction occurs, a 
prompt report containing all the evidence available should be made to 
the Commander of the Coast Guard District in which the aids are located.



Sec. 66.01-55   Transfer of ownership.

    (a) When any private aid to navigation authorized by the District 
Commander, or the essential real estate or facility with which the aid 
is associated, is sold or transferred, both parties to the transaction 
shall submit application (Sec. 66.01-5) to the Commander of the Coast 
Guard District in which the aid is located requesting authority to 
transfer responsibility for maintenance of the aid.
    (b) The party relinquishing responsibility for maintenance of the 
private aid to navigation shall indicate on the application form (CG-
2554) both the discontinuance and the change of ownership of the aid 
sold or transferred.
    (c) The party accepting responsibility for maintenance of the 
private aid to navigation shall indicate on the application form (CG-
2554) both the establishment and the change of ownership of the aid sold 
or transferred.
    (d) In the event the new owner of the essential real estate or 
facility with which the aid is associated refuses to accept 
responsibility for maintenance of the aid, the former owner shall be 
required to remove the aid without expense to the United States. This 
requirement shall not apply in the case of any authorized private aid to 
navigation required by statute or regulation (Class I, Sec. 66.01-15) 
which shall be maintained by the new owner until the conditions which 
made the aid necessary have been eliminated.



                 Subpart 66.05--State Aids to Navigation

    Source: CGFR 66-32, 31 FR 10320, July 30, 1966, unless otherwise 
noted.



Sec. 66.05-1  Purpose.

    (a) The purpose of the regulations in this subpart and subpart 66.10 
of this part is to prescribe the conditions under which State 
governments may regulate aids to marine navigation, including regulatory 
markers, owned by State or local governments or private parties, in 
navigable waters of the United States not marked with aids by the 
Federal Government; and to prescribe a uniform system of marine aids to 
navigation compatible with the United States Aids to Navigation System 
described in Part 62 of this subchapter.

[CGD 86-031, 52 FR 42645, Nov. 6, 1987]



Sec. 66.05-5   Definition of terms used in this subpart and Subpart 66.10.

    (a) The term State waters for private aids to navigation means those 
navigable waters of the United States which the Commandant, upon request 
of a State Administrator, has designated as waters within which a State 
government may regulate the establishment, operation, and maintenance of 
marine aids to navigation, including regulatory markers. The Commandant 
will entertain requests to make such designations with respect to 
navigable waters of the United States not marked by the Federal 
government. These designations when approved will be set forth in 
separate sections by States in this subpart and will briefly describe or 
identify waters so designated.
    (b) The term Uniform State Waterway Marking System (USWMS) means the 
system of private aids to navigation, including regulatory markers, 
which may be operated in State waters for private aids to navigation. 
Subpart 66.10 of this part describes the Uniform State Waterway Marking 
System.
    (c) The term State Administrator means the official of a State 
having power under the law of the State to regulate, establish, operate 
or maintain maritime aids to navigation on

[[Page 143]]

waters over which the State has jurisdiction.
    (d) The term State aids to navigation means all private marine aids 
to navigation operated in State waters for private aids to navigation, 
whether owned by a State, political subdivisions thereof or by 
individuals, corporations, or organizations.
    (e) The term regulate State maritime aids to navigation means to 
control the establishment, disestablishment, operation and maintenance 
of State aids to navigation.



Sec. 66.05-10   State waters for private aids to navigation; designations; revisions, and revocations.

    (a) A State Administrator who desires to regulate State maritime 
aids to navigation in the navigable waters of the United States not 
marked by the Federal Government, shall request the Commandant to 
designate the specific bodies of water involved as State waters for 
private aids to navigation.
    (b) The request shall be forwarded to the District Commander in 
whose district the bodies of water are located. The request shall give 
the name and description of the waterway; the extent of use being made 
of the waterway for marine navigation, in general terms; an appropriate 
chart or sketch of the area; and a general outline of the nature and 
extent of the State aids to navigation which the Administrator plans to 
establish in the waterway.
    (c) The District Commander shall review the request and consult with 
the State Administrator concerning the terms of an initial agreement to 
be entered into under provisions of Sec. 66.05-20. When they have 
arrived at terms of an agreement satisfactory to both, the District 
Commander shall forward the request to the Commandant with his 
recommendations and the terms of agreement mutually settled upon. If 
they cannot reach such agreement, the District Commander shall forward 
the request with his recommendations and a statement of the points 
agreed upon and the points remaining at issue.
    (d) Upon receipt of the request, the Commandant will determine 
whether or not approval of the request is in the public interest and 
will inform the State Administrator and the District Commander of the 
Coast Guard's decision. If the request is approved, the designation by 
the Commandant of the waters in question as State waters for private 
aids to navigation will be also defined and described in this subpart.
    (e) The Commandant may, upon his own initiative or upon request, 
revoke or revise any designations of State waters for private aids to 
navigation previously made by him. Written notice shall be given the 
State Administrator of the action contemplated by the Commandant. The 
State Administrator will be afforded a period of not less than 30 days 
from the date of the notice in which to inform the Commandant of the 
State's views in the matter before final action is completed to revoke 
or revise such designation.



Sec. 66.05-20  Coast Guard-State agreements.

    (a) The District Commander in whose District a waterway is located 
may enter into agreements with State Administrators permitting a State 
to regulate aids to navigation, including regulatory markers, in State 
waters for private aids to navigation, as, in the opinion of the 
District Commander, the State is able to do in a manner to improve the 
safety of navigation. When a waterway is located within the area of 
jurisdiction of more than one Coast Guard District, the District 
Commander in whose District the State capital is located shall execute 
the agreement in behalf of the Coast Guard. All such agreements shall 
reserve to the District Commander the right to inspect the State aids to 
navigation without prior notice to the State. They shall stipulate that 
State aids to navigation will conform to the Uniform State Waterway 
marking System or to the U.S. Aids to Navigation System and that the 
State Administrator will modify or remove State aids to navigation 
without expense to the United States when so directed by the District 
Commander, subject to the right of appeal on the part of the State 
Administrator to the Commandant.
    (b) A Coast Guard-State agreement shall become effective when both 
parties have signed the agreements. In lieu of the procedure prescribed 
in Sec. 66.01-5, the agreement shall constitute

[[Page 144]]

blanket approval by the Commandant, of the State aids to navigation, 
including regulatory markers, established or to be established in State 
waters for private aids to navigation designated or to be designated by 
the Commandant.
    (c) In addition to the matters set forth in paragraph (a) of this 
section, Coast Guard-State agreements shall cover the following points, 
together with such other matters as the parties find it desirable to 
include:
    (1) A description, in sufficient detail for publication in Notices 
to Mariners, of all aids to navigations under State jurisdiction in 
navigable waters of the United States in existence prior to the 
effective date of the agreement which have not been previously approved 
under procedures of Sec. 66.01-5.
    (2) Procedures for use by the State administrator to notify the 
District Commander of changes made in State aids to navigation, as 
required by Sec. 66.05-25.
    (3) Specification of the marking system to be used, whether the U.S. 
Aids to Navigation System or the Uniform State Waterway Marking System.
    (4) Specification of standards as to minimum size and shape of 
markers, the use of identifying letters, the use of reflectors or 
retroreflective materials, and any other similar standards so as to 
enable Coast Guard inspectors to determine compliance with Statewide 
standards.

[CGD 86-031, 52 FR 42645, Nov. 6, 1987]



Sec. 66.05-25   Change and modification of State aids to navigation.

    (a) Wherever a State Administrator shall determine the need for 
change in State aids to navigation, he shall inform the District 
Commander of the nature and extent of the changes as soon as possible, 
preferably not less than 30 days in advance of making the changes.



Sec. 66.05-30   Notice to Mariners.

    (a) The District Commander may publish information concerning State 
aids to navigation, including regulatory markers, in the Coast Guard 
Local Notices to Mariners as he deems necessary in the interest of 
public safety.
    (b) Notices to Mariners which concern the establishment, 
disestablishment, or change of State aids to navigation, including 
regulatory markers, may be published whenever the aids to navigation 
concerned are covered by navigational charts or maps issued by the U.S. 
Coast and Geodetic Survey, the U.S. Army Corps of Engineers, or the U.S. 
Lake Survey, Corps of Engineers.



Sec. 66.05-35   Private aids to navigation other than State owned.

    (a) No person, public body or other instrumentality not under 
control of the Commandant or the State Administrator, exclusive of the 
Armed Forces of the United States, shall establish, erect or maintain in 
State waters for private aids to navigation any aid to navigation 
without first obtaining permission to do so from the State 
Administrator. Discontinuance of any State aids to navigation may be 
effected by order of the State Administrator.



Sec. 66.05-40   Corps of Engineers' approval.

    (a) In each instance where a regulatory marker is to be established 
in navigable waters of the United States which have been designated by 
the Commandant as State waters for private aids to navigation, the State 
Administrator is responsible for obtaining prior permission from the 
District Engineer, U.S. Army Corps of Engineers concerned, authorizing 
the State to regulate the water area involved, or a statement that there 
is no objection to the proposed regulation of the water area. A copy of 
the Corps of Engineers permit or letter of authority shall be provided 
by the Administrator to the District Commander upon request.
    (b) Similarly, where an aid to navigation is to be placed on a fixed 
structure or a mooring buoy is to be established in State waters for 
private aids to navigation, the State Administrator shall assure that 
prior permission or a statement of no objection to the structures or 
mooring buoys proposed is obtained from the District Engineer concerned. 
A copy of the permit or letter is not required by the District 
Commander.

[[Page 145]]



Sec. 66.05-100   Designation of navigable waters as State waters for private aids to navigation.

    In accordance with the procedures contained in Sec. 66.05-10(d), the 
following navigable waters listed by the State in which they are 
located, are designated as State waters for private aids to navigation:
    (a) Alabama. Each water within the State not marked with Coast Guard 
aids to navigation on March 26, 1971.
    (b) Arizona. The portion of Lake Havasu within the State, except 
that portion within Havasu Lake National Wildlife Refuge.
    (c) Louisiana. The portion of Toledo Bend Reservoir within the 
State.
    (d) Missouri. Teach water within the State except the:
    (1) Mississippi River; and
    (2) Missouri River.
    (e) Montana. The portion of Missouri River between the U.S. Highway 
287 bridge near Townsend and Great Falls including the following 
impoundments:
    (1) Black Eagle Dam Reservoir.
    (2) Canyon Ferry Reservoir.
    (3) Hauser Lake.
    (4) Holter Lake.
    (5) Rainbow Dam Reservoir.
    (f) North Carolina. Each navigable water within the State not marked 
with Coast Guard aids to navigation on June 1, 1973.
    (g) Pennsylvania. The portion of Youghiogheny River Reservoir within 
the State.
    (g-1) South Carolina. (1) The portion of Lake Wylie within the 
State; (2) Lake Marion; (3) Lake Moultrie; and (4) Lake Murray.
    (h) Texas. The portion of Toledo Bend Reservoir within the State.
    (i) Virginia. (1) Claytor Lake, on the New River in Pulaski County.
    (2) Leesville Lake, on the Roanoke River below Smith Mountain Dam.
    (3) The portions of the following reservoirs within the State:
    (i) Gaston.
    (ii) Holston.
    (iii) John H. Kerr.
    (iv) Philpott.
    (j) Wisconsin. Navigable waters within the State not marked with 
Coast Guard aids to navigation on November 17, 1969.

[CGD 72-154R, 38 FR 33473, Dec. 5, 1973, as amended by CGD 76-015, 41 FR 
12879, Mar. 29, 1976; CGD 80-132, 46 FR 27643, May 21, 1981]



          Subpart 66.10--Uniform State Waterway Marking System

    Source: CGFR 66-32, 31 FR 10321, July 30, 1966, unless otherwise 
noted.



Sec. 66.10-1  General.

    (a) The Uniform State Waterway Marking System (USWMS) was developed 
to convey to the small vessel operator, in particular, adequate guidance 
to indicate safe boating channels by indicating the presence of either 
natural or artificial obstructions or hazards, marking restricted or 
controlled areas, and providing directions. The USWMS may be used in 
those navigable waters of the U.S. which have been designated as State 
waters for private aids to navigation and in those internal waters which 
are not navigable waters of the U.S.
    (b) The U.S. Aids to Navigation System, described in Part 62 of this 
Subchapter, may be used in all U.S. waters, including those waters under 
State jurisdiction.
    (c) The USWMS consists of:
    (1) A system of regulatory markers to indicate to a vessel operator 
the existence of dangerous areas as well as those which are restricted 
or controlled, such as speed zones and areas dedicated to a particular 
use, or to provide general information and directions;
    (2) A system of aids to navigation to mark channels and 
obstructions; and
    (3) A distinctive color scheme for mooring buoys.

[CGD 86-031, 52 FR 42645, Nov. 6, 1987]



Sec. 66.10-5   Regulatory markers.

    (a) Each regulatory marker shall be colored white with international 
orange geometric shapes.
    (b) When a buoy is used as a regulatory marker it shall be white 
with horizontal bands of international orange placed completely around 
the buoy circumference. One band shall be

[[Page 146]]

at the top of the buoy body, with a second band placed just above the 
waterline of the buoy so that both international orange bands are 
clearly visible to approaching vessels. The area of buoy body visible 
between the two bands shall be white.
    (c) Geometric shapes shall be placed on the white portion of the 
buoy body and shall be colored international orange. The authorized 
geometric shapes and meanings associated with them are as follows:
    (1) A vertical open faced diamond shape to mean danger.
    (2) A vertical open faced diamond shape having a cross centered in 
the diamond to mean that a vessel is excluded from the marked area.
    (3) A circular shape to mean that a vessel operated in the marked 
area is subject to certain operating restrictions.
    (4) A square or rectangular shape with directions or information 
lettered on the inside.
    (d) Where a regulatory marker consists of a square or rectangular 
shaped sign displayed from a structure, the sign shall be white, with an 
international orange border. When a diamond or circular geometric shape 
associated with meaning of the marker is included it shall be centered 
on the signboard.



Sec. 66.10-10   Geometric shapes and wording on regulatory markers.

    (a) The geometric shape displayed on a regulatory marker is intended 
to convey specific meaning to a vessel whether or not it should stay 
well clear of the marker or may safely approach the marker in order to 
read any wording on the marker.



Sec. 66.10-15   Aids to navigation.

    (a) The second category of marker in the USWMS is the aid to 
navigation having lateral or cardinal meaning.
    (b) On a well defined channel including a river or other relatively 
narrow natural or improved waterway, an aid to navigation shall normally 
be a solid colored buoy. A buoy which marks the left side of the channel 
viewed looking upstream or toward the head of navigation shall be 
colored all black. A buoy which marks the right side of the channel 
viewed looking upstream or toward the head of a navigation shall be 
colored all red. On a well defined channel, solid colored buoys shall be 
established in pairs, one on each side of the navigable channel which 
they mark, and opposite each other to inform the user that the channel 
lies between the buoys and that he should pass between the buoys.
    (c) On an irregularly defined channel, solid colored buoys may be 
used singly in staggered fashion on alternate sides of the channel 
provided they are spaced at sufficiently close intervals to inform the 
user that the channel lies between the buoys and that he should pass 
between the buoys.
    (d) Where there is no well-defined channel or when a body of water 
is obstructed by objects whose nature or location is such that the 
obstruction can be approached by a vessel from more than one direction, 
supplemental aids to navigation having cardinal meaning (i.e., 
pertaining to the cardinal points of the compass, north, east, south, 
and west) may be used. The use of an aid to navigation having cardinal 
meaning is discretionary provided that the use of such a marker is 
limited to wholly State owned waters and the State waters for private 
aids to navigation as defined and described in this part.
    (e) Aids to navigation conforming to the cardinal system shall 
consist of three distinctly colored buoys.
    (1) A white buoy with a red top may be used to indicate to a vessel 
operator that he must pass to the south or west of the buoy.
    (2) A white buoy with a black top may be used to indicate to a 
vessel operator that he must pass to the north or east of the buoy.
    (3) In addition, a buoy showing alternate vertical red and white 
stripes may be used to indicate to a vessel operator that an obstruction 
to navigation extends from the nearest shore to the buoy and that he 
must not pass between the buoy and shore. The number of white and red 
stripes is discretionary, provided that the white stripes are twice the 
width of the red stripes.

[[Page 147]]



Sec. 66.10-20   Size, shape, material and construction of markers.

    (a) The size, shape, material, and construction of all markers, both 
fixed and floating, shall be such as to be observable under normal 
conditions of visibility at a distance such that the significance of the 
marker or aid will be recognizable before the observer stands into 
danger.
    (b) [Reserved]



Sec. 66.10-25   Numbers, letters or words on markers.

    (a) Numbers, letters or words on an aid to navigation or regulatory 
marker shall be placed in a manner to enable them to be clearly visible 
to an approaching and passing vessel. They shall be block style, well 
proportioned and as large as the available space permits. Numbers and 
letters on red or black backgrounds shall be white; numbers and letters 
on white backgrounds shall be black.
    (b) Odd numbers shall be used to identify solid colored black buoys 
or black topped buoys; even numbers shall be used to identify solid 
colored red buoys or red topped buoys. All numbers shall increase in an 
upstream direction or toward the head of navigation. The use of numbers 
to identify buoys is discretionary.
    (c) Letters only may be used to identify regulatory and the white 
and red vertically striped obstruction markers. When used the letters 
shall follow alphabetical sequence in an upstream direction or toward 
the head of navigation. The letters I and O shall be omitted to preclude 
confusion with numbers. The use of letters to identify regulatory 
markers and obstruction markers is discretionary.



Sec. 66.10-30   Reflectors or retroreflective materials.

    (a) The use of reflectors or retroreflective materials shall be 
discretionary.
    (b) When used on buoys having lateral significance, red reflectors 
or retroreflective materials shall be used on solid colored red buoys; 
green reflectors or retroreflective materials shall be used on solid 
colored black buoys; white reflectors or retroreflective materials only 
shall be used for all other buoys including regulatory markers, except 
that orange reflectors or ret- roreflective materials may be used on the 
orange portions of regulatory markers.



Sec. 66.10-35   Navigation lights.

    (a) The use of navigational lights on State aids to navigation, 
including regulatory markers, is discretionary. When used, lights on 
solid colored buoys shall be regularly flashing, regularly occulting, or 
equal interval lights. For ordinary purposes the frequency of flashes 
may not be more than 30 flashes per minute (slow flashing). When it is 
desired that lights have a distinct cautionary significance, as at sharp 
turns or sudden constrictions in the channel or to mark wrecks or other 
artificial or natural obstructions, the frequency of flashes may not be 
less than 60 flashes per minute (quick flashing). When a light is used 
on a cardinal system buoy or a vertically striped white and red buoy it 
shall always be quick flashing. The colors of the lights shall be the 
same as for reflectors; a red light only on a solid colored red buoy; a 
green light on solid colored black buoy; white light only for all other 
buoys including regulatory markers.
    (b) [Reserved]



Sec. 66.10-40   Ownership identification.

    (a) The use and placement of ownership identification is 
discretionary, provided that ownership identification is worded and 
placed in a manner which will avoid detracting from the meaning intended 
to be conveyed by a navigational aid or regulatory marker.
    (b) [Reserved]



Sec. 66.10-45   Mooring (anchor) buoys.

    (a) Mooring buoys in State waters for private aids to navigation 
shall be colored white and shall have a horizontal blue band around the 
circumference of the buoy centered midway between the top of the buoy 
and the waterline.
    (b) A lighted, mooring buoy shall normally display a slow flashing 
white light. When its location in a waterway is such that it constitutes 
an obstruction to a vessel operated during hours of darkness, it shall 
display a quick flashing white light.
    (c) A mooring buoy may bear ownership identification provided that 
the

[[Page 148]]

manner and placement of the identification does not detract from the 
meaning intended to be conveyed by the color scheme or identification 
letter when assigned.



PART 67--AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES--Table of Contents




                   Subpart 67.01--General Requirements

Sec.
67.01-1  Scope.
67.01-5  Definitions.
67.01-10  Authority to regulate and delegation of functions.
67.01-15  Classification of structures.
67.01-20  Prescribing lines of demarcation.
67.01-30  Equivalents.

             Subpart 67.05--General Requirements for Lights

67.05-1  Arrangement of obstruction lights.
67.05-5  Multiple obstruction lights.
67.05-10  Characteristics of obstruction lights.
67.05-15  Operating periods of obstruction lights.
67.05-20  Minimum lighting requirements.
67.05-25  Special lighting requirements.

           Subpart 67.10--General Requirements for Fog Signals

67.10-1  Apparatus requirements.
67.10-5  Location requirements.
67.10-10  Operating requirements.
67.10-15  Approval of fog signals.
67.10-20  Fog signal tests.
67.10-25  Application for tests.
67.10-30  Withdrawal of approval.
67.10-35  Notice of approval and withdrawal of approval.
67.10-40  Fog signals authorized for use prior to January 1, 1973.

            Subpart 67.15--Miscellaneous Marking Requirements

67.15-1  Lights and signals on attendant vessels.
67.15-5  Seismographic and surveying operations.
67.15-10  Spoil banks, artificial islands, and dredged channels.

                 Subpart 67.20--Class ``A'' Requirements

67.20-1  Class ``A'' structures.
67.20-5  Obstruction lights.
67.20-10  Fog signal.

                 Subpart 67.25--Class ``B'' Requirements

67.25-1  Class ``B'' structures.
67.25-5  Obstruction lights.
67.25-10  Fog signal.

                 Subpart 67.30--Class ``C'' Requirements

67.30-1  Class ``C'' structures.
67.30-5  Obstruction lights.
67.30-10  Fog signals.

                       Subpart 67.35--Applications

67.35-1  Procedure.
67.35-5  Contents of application.
67.35-10  Private aids to navigation.
67.35-15  To whom addressed.

                       Subpart 67.40--Notification

67.40-1  Notification to District Commander.
67.40-5  Waivers.
67.40-10  Communication with owner.
67.40-15  Marking at owner's expense.
67.40-20  Charges invoiced to owner.
67.40-25  Penalty.

                   Subpart 67.50--District Regulations

67.50-1  Scope.
67.50-5  First Coast Guard District.
67.50-15  Fifth Coast Guard District.
67.50-20  Seventh Coast Guard District.
67.50-25  Eighth Coast Guard District.
67.50-30  Ninth Coast Guard District.
67.50-35  Eleventh Coast Guard District.
67.50-45  Thirteenth Coast Guard District.
67.50-50  Seventeenth Coast Guard District.

    Authority:  14 U.S.C. 85, 633; 43 U.S.C. 1333; 49 CFR 1.46.

    Source: CGFR 58-17, 23 FR 3377, May 20, 1958, unless otherwise 
noted.



                   Subpart 67.01--General Requirements



Sec. 67.01-1   Scope.

    (a) The regulations in this part prescribe the obstruction lights 
and fog signals to be operated as privately maintained maritime aids to 
navigation on the artificial islands and structures which are erected on 
or over the seabed and subsoil of the Outer Continental Shelf and in the 
waters under the jurisdiction of the United States, for the purpose of 
exploring for, developing, removing and transporting resources 
therefrom.
    (b) Subpart 66.01 in Part 66 of this subchapter shall be applicable 
to all private aids to navigation erected on or over the Outer 
Continental Shelf in the

[[Page 149]]

same manner and to the same extent as they are applicable to private 
aids to navigation established, erected, or maintained in the waters 
under the jurisdiction of the United States.



Sec. 67.01-5   Definitions.

    (a) Structures. The term ``structures'' as used in this part shall 
include all fixed structures, temporary or permanent, for which a Corps 
of Engineers' permit is issued. It shall include, but is not necessarily 
limited to, all drilling platforms, production platforms, quarters 
platforms, pipe line riser platforms, manifold platforms, loading 
platforms, boat landings, caissons, well protective structures, tank 
battery barges submerged on station, drilling barges submerged on 
location, breakwater barges submerged on location, artificial islands 
and all other piles, pile clusters, pipes, or structures erected in the 
waters.
    (b) Class ``A'', ``B'', or ``C'' structures. The term ``Class A, B, 
or C structures'' refers to the classification assigned to structures 
erected in areas in which corresponding requirements for marking are 
prescribed.
    (c) Line of demarcation. The term ``line of demarcation'' means the 
dividing line used administratively to distinguish between the areas in 
which structures shall conform to Class ``A'' and Class ``B'' or ``C'' 
requirements.
    (d) Outer Continental Shelf. The term ``Outer Continental Shelf'' 
means all submerged lands lying seaward and outside the area of lands 
beneath navigable waters as defined in the Submerged Lands Act (sec. 2, 
67 Stat. 29, 43 U. S. C. 1301), and of which the subsoil and seabed 
appertain to the United States and are subject to its jurisdiction and 
control.
    (e) Reliable operation. The term ``reliable'' as used in this part 
shall mean that dependability which will insure to the highest degree 
reasonably possible the uninterrupted operation of lights and fog 
signals as private aids to navigation for safety of marine commerce.
    (f) Fog signal. The term ``fog signal'' as used in this part shall 
mean the audible sound signal, authorized as a private aid to 
navigation, to mark a structure for the safety of marine commerce 
whenever the visibility has been reduced by fog, mist, rain, falling 
snow, smoke, dust, or other phenomena.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 63-18, 28 FR 
4026, Apr. 14, 1963]



Sec. 67.01-10   Authority to regulate and delegation of functions.

    (a) Regulatory authority. By virtue of the Department of 
Transportation Act (Pub. L. 89-670, 80 Stat. 931-950, 49 U.S.C. 1651-
1659), establishing the Department of Transportation, the U.S. Coast 
Guard together with its functions and duties under the Secretary of the 
Treasury was transferred to the new department. The Secretary of 
Transportation thereby became the ``head of the Department in which the 
Coast Guard is operating,'' including the authority to promulgate and 
enforce regulations under the Outer Continental Shelf Lands Act (43 
U.S.C. 1333). By a rule in 49 CFR 1.9 the Secretary continued in effect 
actions taken prior to April 1, 1967. By rules in 49 CFR 1.4(a)(2) and 
(f) the Secretary of Transportation authorized the Commandant, U.S. 
Coast Guard, with respect to his own organization, to exercise the 
authority granted to the Secretary as Executive head of that department 
by any statute, Executive order or regulation. Section 1657(e) of Title 
49 U.S.C. provides for delegation and redelegation of powers and 
functions vested in the Secretary. By a rule in 49 CFR 1.4(g) the 
Commandant is authorized to redelegate and authorize successive 
redelegations within the organization under his jurisdiction.
    (b) Delegation of functions. The Coast Guard District Commander is 
hereby delegated responsibility for performing, or having performed the 
inspections, enforcement, and administration of such regulations, which 
are or may be required. He may redelegate this authority as necessary to 
any person from the civilian or military branch of the Coast Guard.

[CGFR 58-17, 23 FR 3378, May 20, 1958, as amended by CGFR 68-95, 33 FR 
15285, Oct. 15, 1968]



Sec. 67.01-15   Classification of structures.

    (a) The varied depths of water and marine commerce traffic routes 
which

[[Page 150]]

exist in the waters over the Outer Continental Shelf, and in other 
waters, permits the classification of structures according to their 
location in such waters. Those structures in the area seaward of the 
line of demarcation, prescribed by the regulations in this part, are 
designated as Class ``A'' structures. All structures shoreward of the 
line of demarcation, prescribed by the regulations in this part, are 
designated as either Class ``B'' or Class ``C'' structures.
    (b) In the event a line of demarcation is not prescribed, the 
District Commander shall designate a structure ``A'', ``B'', or ``C'' as 
he deems appropriate.



Sec. 67.01-20   Prescribing lines of demarcation.

    In those areas where lines of demarcation are not prescribed, or 
where they have been prescribed and require modification, the District 
Commander shall submit his recommendations thereon to the Commandant for 
establishment or changes as required. When approved by the Commandant, 
and upon publication in the Federal Register, such additions or changes 
in lines of demarcation shall be effective for the purposes of this 
part.



Sec. 67.01-30   Equivalents.

    The use of alternate equipment, apparatus, or installation 
arrangements specified in this part may be permitted by the District 
Commander to such extent and under such conditions as will result in 
achieving a degree of safety or compliance with these regulations 
equivalent to or above the minimum requirements set forth in this part.



             Subpart 67.05--General Requirements for Lights



Sec. 67.05-1   Arrangement of obstruction lights.

    (a) Structures having a maximum horizontal dimension of 30 feet or 
less on any one side, or in diameter, shall be required to have one 
obstruction light visible for 360 deg..
    (b) Structures having a maximum horizontal dimension of over 30 
feet, but not in excess of 50 feet, on any one side, or in diameter, 
shall be required to have two obstruction lights installed on diagonally 
opposite corners, 180 deg. apart, or as prescribed by the District 
Commander, each light to have a 360 deg. lens.
    (c) Structures having a horizontal dimension of over 50 feet on any 
one side, or in diameter, shall be required to have an obstruction light 
on each corner, or 90 deg. apart in the case of circular structures, or 
as prescribed by the District Commander, each light to have a 360 deg. 
lens.
    (d) Where the overall dimensions of a structure require the 
installation of two or more obstruction lights, the lights shall all be 
mounted on the same horizontal plane within the limitations of height 
specified in Sec. 67.20-5, Sec. 67.25-5, or Sec. 67.30-5, as applicable.
    (e) Lesser structures and piles, pile clusters or flare templates, 
etc., will not normally be required to be marked by obstruction lights, 
when they are located within 100 yards of a Class ``A'', ``B'' or ``C'' 
structure marked by established obstruction lights, but they shall be 
marked with red or white retro-reflective material, installed as 
prescribed by the District Commander.
    (f) All obstruction lights shall be installed in a manner which will 
permit at least one of them to be carried in sight of the mariner, 
regardless of the angle of approach, until he is within 50 feet of the 
structure, visibility permitting.



Sec. 67.05-5   Multiple obstruction lights.

    When more than one obstruction light is required by this part to 
mark a structure, all such lights shall be operated to flash in unison.



Sec. 67.05-10   Characteristics of obstruction lights.

    All obstruction lights required by this part shall be powered from a 
reliable power source, including auxiliary power sources as necessary. 
They shall display a quick-flash characteristic of approximately 60 
flashes per minute, unless prescribed otherwise in the permit issued by 
the District Commander. Their color shall be white when marking Class 
``A'' and ``B'' structures, and either white or red, as prescribed by 
the District Commander, when marking Class ``C'' structures. In 
determining whether white or red lights shall be

[[Page 151]]

authorized, the District Commander shall take into consideration matters 
concerning, but not necessarily limited to, the dimensions of the 
structure and the depth of water in which it is located; the proximity 
of the structure to vessel routes; the nature and amount of vessel 
traffic; and the effect of background lighting.



Sec. 67.05-15   Operating periods of obstruction lights.

    Obstruction lights shall be displayed at all times between the hours 
of sunset and sunrise, local time, commencing at the time the 
construction of a structure is begun. During construction and until such 
time as a platform capable of supporting the obstruction lights is 
completed, the fixed lights on an attending vessel shall be used. In 
addition, when lights are in use for general illumination to facilitate 
the construction or operation of a structure, and can be seen from any 
angle of approach at a distance equal to that prescribed for the 
obstruction lights for the class of structure, the actual operation of 
obstruction lights also will not be required.

[CGFR 58-34, 23 FR 7701, Oct. 4, 1958]



Sec. 67.05-20   Minimum lighting requirements.

    The obstruction lighting requirements prescribed in this part are 
the minimum requirements only and shall not preclude the maintainer from 
making application for authorization to establish more lights, or lights 
of greater intensity than required to be visible at the distances 
prescribed: Provided, That the prescribed characteristics of color and 
flash duration are adhered to.



Sec. 67.05-25   Special lighting requirements.

    Whenever a structure is erected in a position on or adjacent to the 
edges of navigable channels and fairways, or lines of demarcation, the 
District Commander is authorized to require the structure to be marked 
by the lights which in his judgment are necessary for the safety of 
marine commerce, and without regard to the fact that the structure may 
be located in an area in which either Class ``B'' or Class ``C'' 
requirements are otherwise applicable. The requirements for the lights 
in any of these cases, shall not exceed those established for structures 
in the Class ``A'' areas.



           Subpart 67.10--General Requirements for Fog Signals

    Source: CGD 72-74R, 37 FR 13512, July 8, 1972, unless otherwise 
noted.



Sec. 67.10-1   Apparatus requirements.

    The fog signal required by Secs. 67.20-10, 67.25-10, and 67.30-10 
must:
    (a) Have its maximum intensity at a frequency between 100 and 1,100 
Hertz;
    (b) Sound a 2-second blast every 20 seconds (2 seconds sound, 18 
seconds silence) unless otherwise authorized by the District Commander;
    (c) Have the range required by Sec. 67.20-10, Sec. 67.25-10, or 
Sec. 67.30-10;
    (d) Have a height not exceeding 25 feet;
    (e) Have not more than eight sound sources;
    (f) Be approved by the Coast Guard under Sec. 67.10-15; and
    (g) Be permanently marked with:
    (1) The date of Coast Guard approval;
    (2) The manufacturer and date of manufacture;
    (3) A model designation;
    (4) The approved range; and
    (5) The power necessary to comply with the provisions of paragraph 
(c) of this section.



Sec. 67.10-5   Location requirements.

    The fog signal required by Secs. 67.20-10, 67.25-10, and 67.30-10 
must:
    (a) Be located on the structure so that the sound signal produced is 
audible over 360 deg. in a horizontal plane at all ranges up to and 
including the required range; and
    (b) Be located at least 10 feet but not more than 150 feet above 
mean high water.



Sec. 67.10-10   Operating requirements.

    (a) Fog signals required by Secs. 67.20-10, 67.25-10, and 67.30-10 
must be operated continuously, regardless of visibility, unless the fog 
signal is controlled:
    (1) By an attendant on the structure;
    (2) Remotely by an attendant on a nearby structure; or

[[Page 152]]

    (3) By a fog detection device capable of activating the fog signal 
when the visibility in any direction is reduced to the range at which 
fog signal operation is required by this part.
    (b) During construction and until such time as a fog signal is 
installed and operating on a platform, the whistle of an attending 
vessel moored alongside the platform may be used to sound the signal 
required for the structure by this part.



Sec. 67.10-15   Approval of fog signals.

    (a) The Coast Guard approves a fog signal if:
    (1) It meets the requirements for fog signals in Sec. 67.10-1 (a), 
(b), (c), (d), and (e) when tested under Sec. 67.10-20; or
    (2) It is similar to a fog signal which was tested and approved 
under the provisions of this section and the Coast Guard has approved 
all variations in design, construction, production, and manufacture from 
the fog signal tested.
    (b) A fog signal that is an identical production model of a fog 
signal which has been approved under paragraph (a) of this section is a 
Coast Guard approved fog signal.



Sec. 67.10-20   Fog signal tests.

    (a) Fog signal tests must:
    (1) Be made by the applicant in the presence of a Coast Guard 
representative, who certifies the test if the procedures comply with the 
requirements of this section;
    (2) Be made with Coast Guard supplied and calibrated sound level 
meters and power meters; and
    (3) Be made in an anechoic chamber large enough to accommodate the 
entire fog signal, as if installed for actual use.
    (b) The sound pressure level must be measured as a function of:
    (1) Distance by using a sufficient number of points to allow a far-
field extrapolation of the sound pressure level;
    (2) Power at outputs up to and including the approximate power level 
necessary to comply with Sec. 67.10-1(c);
    (3) Horizontal angle at increments not greater than 30 deg.; and
    (4) Harmonic content to at least the third harmonic.
    (c) In analyzing the test data to determine the minimum power 
necessary to produce the sound pressure level specified in Table A of 
this section the Coast Guard follows the procedures prescribed by the 
International Association of Lighthouse Authorities (IALA) in Supplement 
No. 3 to the IALA Bulletin of February 1969 for analysis of harmonic 
components and does not consider components above 1,100 Hertz as adding 
to the audible range.

[[Page 153]]

[GRAPHIC] [TIFF OMITTED] TC21OC91.000





Sec. 67.10-25   Application for tests.

    A person requesting a Coast Guard representative at a test of a fog 
signal must:
    (a) Direct a written request to the Office of Aids to Navigation, 
U.S. Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 
20593-0001 including:
    (1) His name, address, and telephone number;
    (2) A description of the fog signal;
    (3) Range for which approval is requested;
    (4) Location of the anechoic chamber; and
    (5) Proposed test dates.
    (b) Bear all the expenses of conducting the test conducted in 
accordance with Sec. 67.10-20 including all expenses of the U.S. 
Government in sending a Coast Guard representative to the test.

[CGD 72-74R, 37 FR 13512, July 8, 1972, as amended by CGD88-052, 53 FR 
25119,July 1, 1988; CGD 96-026, 61 FR 33663, June 28, 1996]



Sec. 67.10-30   Withdrawal of approval.

    The Coast Guard may withdraw approval of a fog signal if it fails to 
meet the requirements of Sec. 67.10-1 (a), (b), and (c).



Sec. 67.10-35   Notice of approval and withdrawal of approval.

    (a) The Coast Guard publishes a notice of the approval or withdrawal 
of approval of a fog signal in the Local Notice to Mariners.
    (b) A listing of approved fog signals may be obtained from any 
District Commander.



Sec. 67.10-40   Fog signals authorized for use prior to January 1, 1973.

    Any fog signal authorized for use by the Coast Guard and 
manufactured prior to January 1, 1973, is excepted from the requirements 
in this subpart, except Secs. 67.10-1 (b) and (c), 67.10-5, and 67.10-
10, if the fog signal has a minimum sound pressure level as specified in 
Table A of Subpart 67.10 of Title 33 of the Code of Federal Regulations 
in effect on December 31, 1972, for the range required by Sec. 67.20-10, 
Sec. 67.25-10, or Sec. 67.30-10.



            Subpart 67.15--Miscellaneous Marking Requirements



Sec. 67.15-1   Lights and signals on attendant vessels.

    The requirements prescribed by this part apply to structures. The 
barges,

[[Page 154]]

vessels, and other miscellaneous floating plants in attendance shall 
display lights and signals in accordance with the ``Regulations for 
Preventing Collisions at Sea, 1960 (33 U.S.C. 1601-1094),'' or the local 
rules established in accordance with Rule 30 thereof, as appropriate. 
However, when vessels are fixed to or submerged onto the seabed, they 
become structures as described in Sec. 67.01-5.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 68-95, 33 FR 
15285, Oct. 15, 1968]



Sec. 67.15-5   Seismographic and surveying operations.

    All stakes, casings, pipes, and buoys, except bamboo poles and 
wooden stakes less than 2 inches in diameter, placed in the water to 
facilitate seismographic or surveying operations shall be marked, in the 
manner prescribed by the District Commander, for the safety of 
navigation.



Sec. 67.15-10   Spoil banks, artificial islands, and dredged channels.

    (a) All submerged spoil banks, or artificial islands resulting from 
the dredging of private channels, laying of pipelines, or any other 
private operation, and all privately dredged channels which, in the 
judgment of the District Commander are required to be marked by aids to 
navigation, shall be marked by private aids to navigation conforming to 
the standard United States system of aids to navigation characteristics 
described in Subpart 62.25 of Part 62 of this subchapter.
    (b) Applications for permits to establish and maintain private aids 
to navigation for the purpose indicated in this section shall be 
reviewed by the District Commander and forwarded to the Commandant, for 
final review and issuance of permits.



                 Subpart 67.20--Class ``A'' Requirements



Sec. 67.20-1   Class ``A'' structures.

    Class ``A'' structures shall be the structures erected in an area 
where Class ``A'' requirements must be met.



Sec. 67.20-5   Obstruction lights.

    The obstruction lights shall be white lights as prescribed in 
Subpart 67.05 of this part. The lights shall be of sufficient 
candlepower as to be visible at a distance of at least five nautical 
miles 90 percent of the nights of the year. The lights shall be 
displayed not less than 20 feet above mean high water, but not at a 
height greater than that specified in Sec. 67.05-1(f).

[CGFR 58-34, 23 FR 7701, Oct. 4, 1958]



Sec. 67.20-10   Fog signal.

    (a) The owner of a Class ``A'' structure shall:
    (1) Install a fog signal that has a range of at least 2 miles; and,
    (2) Operate the fog signal when the visibility in any direction is 
less than 5 miles.
    (b) The District Commander may waive any requirements in paragraph 
(a) of this section if he finds that a structure is so close to other 
structures and so enveloped by the fog signals on other structures that 
it is not a hazard to navigation.

[CGD 72-74R, 37 FR 13513, July 8, 1972]



                 Subpart 67.25--Class ``B'' Requirements



Sec. 67.25-1   Class ``B'' structures.

    Class ``B'' structures shall be the structures erected in an area 
where Class ``B'' requirements must be met.



Sec. 67.25-5   Obstruction lights.

    (a) The obstruction lights shall be white lights as prescribed in 
Subpart 67.05 of this part and shall be of sufficient candlepower as to 
be visible at a distance of at least three nautical miles 90 percent of 
the nights of the year. The lights shall be displayed not less than 20 
feet above mean high water, but not at a height greater than that 
specified in Sec. 67.05-1(f), except that on Class ``B'' structures 
which are required to be marked by only one light, that light may be 
displayed not less than 10 feet above mean high water if the structural 
features preclude mounting the light within the range of heights 
otherwise specified in this section.

[[Page 155]]

    (b) The District Commander may waive the requirement for obstruction 
lights on Class ``B'' structures if there is no hazard to navigation by 
so doing.

[CGFR 58-34, 23 FR 7701, Oct. 4, 1958, as amended by CGFR 62-32, 27 FR 
10101, Oct. 13, 1962]



Sec. 67.25-10   Fog signal.

    (a) The owner of a Class ``B'' structure shall:
    (1) Install a fog signal that has a range of at least one-half mile, 
except that the District Commander may--
    (i) Prescribe a greater range, not to exceed 2 miles, under the 
provisions of paragraph (b) of this section; or
    (ii) Exempt the structure from the requirements of this paragraph, 
under the provisions of paragraph (c) of this section;
    (2) Operate the fog signal when the visibility in any direction is 
less than 3 miles, unless the District Commander establishes a greater 
or lesser distance of visibility in any direction is less than 3 
provisions of paragraph (b) or (c) of this section.
    (b) The owner of a Class ``B'' structure shall install a fog signal 
with a greater range or operate it at times of greater visibility than 
required in paragraph (a) of this section if:
    (1) The structure is erected on or adjacent to the edge of a:
    (i) Navigable channel;
    (ii) Fairway; or
    (iii) Line of demarcation; and
    (2) The District Commander decides a greater range or operation of 
the fog signal at times of greater visibility is necessary for the 
safety of marine commerce.
    (c) The District Commander may waive or relax the provisions of 
paragraph (a) of this section, if he finds that a structure is:
    (1) So close to other structures and so enveloped by the fog signals 
on other structures that it is not a hazard to navigation; or
    (2) So located in a shoal area that it is not a hazard to 
navigation.

[CGD 72-74R, 37 FR 13513, July 8, 1972]



                 Subpart 67.30--Class ``C'' Requirements



Sec. 67.30-1   Class ``C'' structures.

    Class ``C'' structures shall be the structures erected in an area 
where Class ``C'' requirements must be met.



Sec. 67.30-5   Obstruction lights.

    (a) The obstruction lights shall be white or red lights as 
prescribed in Subpart 67.05 of this part and shall be of sufficient 
candlepower as to be visible at a distance of at least one nautical mile 
90 percent of the nights of the year. The lights shall be displayed at 
such height, above mean high water, as shall be prescribed by the 
District Commander. When the District Commander shall authorize red 
lights to mark a Class ``C'' structure, the color thereof shall conform 
to the shade of red prescribed in Military Specification Mil-C-25050 
(ASG), Type 1, Grade D. A copy of the specification may be obtained from 
the Commanding Officer, Naval Supply Depot, 5801 Tabor Avenue, 
Philadelphia, Pa. 19120.
    (b) When Class ``C'' structures are erected in close proximity to 
each other, or are connected in such a manner as to prevent marine 
traffic from passing freely through the field, obstruction lights may be 
authorized to mark the perimeter structures only, when in the judgment 
of the District Commander the group of structures which are equipped 
with obstruction lights are so arranged that the particular structures 
are protected to the degree required by this part, and are not a hazard 
to navigation.
    (c) Unless advised to the contrary by the District Commander, 
obstruction lights shall be required on Class ``C'' structures erected 
in depths of water greater than 3 feet at mean low water.
    (d) In cases where, although not required, an applicant desires to 
establish and operate obstruction lights, a permit therefor shall be 
granted, at the discretion of the District Commander: Provided, That the 
lights meet the requirements set forth in this part.

[CGFR 58-34, 23 FR 7701, Oct. 4, 1958, as amended by CGFR 68-95, 33 FR 
15285, Oct. 15, 1968]

[[Page 156]]



Sec. 67.30-10   Fog signals.

    (a) The owner of a Class ``C'' structure shall install a fog signal 
if:
    (1) The structure is erected on or adjacent to the edge of a:
    (i) Navigable channel;
    (ii) Fairways; or
    (iii) Line of demarcation; and
    (2) The District Commander decides it is necessary for the safety of 
marine commerce.
    (b) Fog signals required by paragraph (a) of this section must have 
range of at least one-half mile, unless the District Commander 
prescribes a greater range, not to exceed 2 miles.
    (c) The owner of the structure shall operate the fog signal required 
by paragraph (a) of this section whenever the visibility in any 
direction is less than 3 miles, unless the District Commander 
establishes a greater or lesser distance of visibility, not to exceed 5 
miles.
    (d) Class ``C'' structures may have fog signals if:
    (1) Authorized by the District Commander under the provisions of 
Subpart 66.01 of this subchapter; and
    (2) The fog signal meets the requirements of Sec. 67.10-1 (a) and 
(b).

[CGD 72-74R, 37 FR 13513, July 8, 1972]



                       Subpart 67.35--Applications



Sec. 67.35-1   Procedure.

    (a) An application, on Coast Guard forms which will be provided by 
the District Commander upon request, shall be submitted for each private 
aid to navigation for which a permit is required to establish, operate, 
move, change or discontinue, except as modified in this subpart.
    (b) An application on the prescribed form shall be submitted to the 
District Commander for each structure to be equipped with obstruction 
lights and/or fog signals if the structure is to remain in place six 
months or more. An application may be made by letter for each structure 
to be so equipped if the structure is to remain in place less than six 
months.
    (c) One application form only shall be submitted to the District 
Commander to cover a group of unlighted buoys or daybeacons.



Sec. 67.35-5   Contents of application.

    (a) All applicable items of the prescribed forms shall be completed. 
A brief descriptive print of the structure or aid to navigation involved 
shall be furnished with the application, together with a location plat 
or chart section. When Lambert coordinates are used to plot the position 
of the aid, the plat or chart shall be annotated to show latitude and 
longitude of the proposed aid to navigation, except when the position 
has been described by reference to one or more horizontal angles, or by 
the bearing and distance from a charted landmark.
    (b) Each application shall have appended to it a list showing the 
type, model, name and address of the manufacturer of the lighting 
apparatus and fog signal equipment to be used.
    (c) Each application shall always specify the date the proposals 
contained therein are desired to be effective, and approval thereof must 
be obtained before the proposed action is undertaken.



Sec. 67.35-10   Private aids to navigation.

    See Sec. 67.15-10(b) for review of applications respecting private 
aids to navigation for spoil banks, artificial islands and dredged 
channels.



Sec. 67.35-15   To whom addressed.

    The applications and correspondence dealing with private aids to 
navigation and obstruction lighting should be addressed to the District 
Commander having jurisdiction over the area.



                       Subpart 67.40--Notification



Sec. 67.40-1   Notification to District Commander.

    (a) Class ``A'' structures. In the case of structures to be located 
in areas where Class ``A'' requirements must be met, notification shall 
be given to the District Commander of the approximate date work will 
commence, as soon as known after a permit is received from the Corps of 
Engineers, U.S. Army, or 30 days in advance, if possible. The District 
Commander shall be notified by telegram the day the construction of the 
structure is commenced, informing him of the lights and fog signals to 
be

[[Page 157]]

used during construction. When construction has been completed, the 
maintainer shall notify the District Commander to that effect by letter, 
stating whether or not the authorized obstruction lights and/or fog 
signals are in operation. Final notification by letter shall be given 
when the lights used for general illumination, to facilitate the 
construction or operation of the structure, have been discontinued and 
the authorized obstruction lights placed in operation.
    (b) Class ``B'' structures. Notification shall be given to the 
District Commander in the case of structures to be located in areas 
where Class ``B'' requirements must be met, in the same manner as 
prescribed in the case of Class ``A'' structures, except that the 
telegram on the day construction of the structure is commenced shall not 
be required.
    (c) Class ``C'' structures. Notification shall be given to the 
District Commander in the case of structures to be located in areas 
where Class ``C'' requirements must be met, upon completion of the 
structure.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 62-32, 27 FR 
10101, Oct. 13, 1962]



Sec. 67.40-5   Waivers.

    (a) The District Commander is authorized to modify or waive any 
requirement prescribed in this part whenever, in his judgment, the 
safety of marine commerce will not be impaired by so doing.
    (b) When the District Commander shall determine that changed 
circumstances in the case of a structure, whose obstruction lights and/
or fog signal have been modified or waived, constitutes a hazard to 
marine navigation, he is authorized to revoke or revise his previous 
action and to require the structure to be appropriately marked by 
suitable obstruction lights and/or fog signals in accordance with this 
part.



Sec. 67.40-10   Communication with owner.

    Communication with the owners of private aids to navigation by the 
District Commander shall be addressed to their usual or last known place 
of business, or to their local representative, if any. Communication 
shall be by the method considered appropriate for the circumstances.



Sec. 67.40-15   Marking at owner's expense.

    The District Commander may mark, for the protection of marine 
commerce, any structure whenever the owner thereof has failed suitably 
to mark the same in accordance with this part, and the owner shall 
reimburse the Coast Guard for all costs incurred.



Sec. 67.40-20   Charges invoiced to owner.

    Charges to the owner for the cost of marking a structure by the 
Coast Guard shall be determined in accordance with Part 74 of this 
subchapter. All such charges shall be invoiced to the owner beginning 
with the date such marking is established and shall continue until 
notice is received by the District Commander that the structure has been 
removed, or until the owner has applied for and been issued a permit by 
the District Commander to establish and operate the required obstruction 
lights and/or fog signals or other markings required by this part.



Sec. 67.40-25   Penalty.

    The penalty for violation is in section 1, 63 Stat. 501 (14 U.S.C. 
85), or section 4(e)(2) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1333). Any person, firm, company, or corporation who shall fail 
or refuse to obey any of the lawful rules and regulations issued in this 
part or pursuant thereto shall be guilty of a misdemeanor and shall be 
fined not more than $100 for each offense. Each day during which such 
violation shall continue shall be considered a new offense.



                   Subpart 67.50--District Regulations



Sec. 67.50-1  Scope.

    (a) The regulations in this subpart shall apply to the structures 
which are located within the boundaries of the Coast Guard districts 
hereinafter defined.
    (b) 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

[[Page 158]]

Datum of 1983 (NAD 83), unless such geographic coordinates are expressly 
labeled NAD 83. Geographic coordinates without the NAD 83 reference may 
be plotted on maps or charts referenced to NAD 83 only after application 
of the appropriate corrections that are published on the particular map 
or chart being used.

[CGD 86-082, 52 FR 33810, Sept. 8, 1987]



Sec. 67.50-5   First Coast Guard District.

    (a) Description. See Sec. 3.05-1 of this chapter.
    (b) Line of demarcation. There is no line of demarcation prescribed 
for this District. When required, it will be determined in accordance 
with Sec. 67.01-20. The District Commander shall assign structures to 
classes as he deems appropriate at the time of application for a permit 
to establish and operate lights and fog signals. In so doing, he shall 
take into consideration matters concerning, but not necessarily limited 
to, the dimensions of the structure and the depth of water in which it 
is located; the proximity of the structure to vessel routes; the nature 
and amount of vessel traffic; and the effect of background lighting.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 61-40, 26 FR 
10353, Nov. 3, 1961]



Sec. 67.50-15   Fifth Coast Guard District.

    (a) Description. See Sec. 3.25-1 of this chapter.
    (b) Line of demarcation. There is no line of demarcation prescribed 
for this District. When required, it will be determined in accordance 
with Sec. 67.01-20. The District Commander shall assign structures to 
classes as he deems appropriate at the time of application for a permit 
to establish and operate lights and fog signals. In so doing, he shall 
take into consideration matters concerning, but not necessarily limited 
to, the dimensions of the structure and the depth of water in which it 
is located; the proximity of the structure to vessel routes; the nature 
and amount of vessel traffic; and the effect of background lighting.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 61-40, 26 FR 
10353, Nov. 3, 1961]



Sec. 67.50-20   Seventh Coast Guard District.

    (a) Description. See Sec. 3.35-1 of this chapter.
    (b) Line of demarcation. There is no line of demarcation prescribed 
for this District. When required, it will be determined in accordance 
with Sec. 67.01-20. The District Commander shall assign structures to 
classes as he deems appropriate at the time of application for a permit 
to establish and operate lights and fog signals. In so doing, he shall 
take into consideration matters concerning, but not necessarily limited 
to, the dimensions of the structure and the depth of water in which it 
is located; the proximity of the structure to vessel routes; the nature 
and the amount of vessel traffic; and the effect of background lighting.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 61-40, 26 FR 
10353, Nov. 3, 1961]



Sec. 67.50-25   Eighth Coast Guard District.

    (a) Description. See Sec. 3.40-1 of this chapter.
    (b) Lines of demarcation. The two lines of demarcation described in 
this section are for administrative purposes to distinguish between the 
areas in which structures shall be subject to Class ``A'', ``B'' or 
``C'' requirements. The primary line of demarcation delimits the areas 
to the seaward of which Class ``A'' requirements are imposed. The 
secondary line of demarcation delimits the areas to the shoreward of 
which Class ``C'' requirements are imposed. In those areas where no 
secondary line of demarcation is prescribed, the structures shoreward of 
the primary line of demarcation are considered to be Class ``C'' 
structures. Class ``B'' requirements are imposed on the structures in 
the areas between the two lines of demarcation.
    (1) The coordinates of the primary line of demarcation within the 
jurisdiction of the District Commander are as follows:

    (i) Commencing at a point at Lat. 30 deg.11'.3 N., Long. 
88 deg.03'.0 W., thence to;
    (ii) A point at Lat. 30 deg.11'.5 N., Long. 88 deg.31'.7 W., thence 
to;
    (iii) A point at Lat. 30 deg.12'.7 N., Long. 88 deg.58'.0 W., thence 
to;

[[Page 159]]

    (iv) A point due west of (iii) at Long. 89 deg.00' W., thence to;
    (v) A point at Lat. 30 deg.08'.0 N., Long. 89 deg.00' W., thence to;
    (vi) A point at Lat. 30 deg.04'.7 N., Long. 88 deg.53'.7 W., thence 
via a line two miles to seaward around Chandeleur Island to;
    (vii) A point at Lat. 29 deg.34'.0 N., Long. 89 deg.00' W., thence 
to;
    (viii) A point at Lat. 29 deg.15'.0 N., Long. 89 deg.00' W., thence 
to;
    (ix) A point at Lat. 29 deg.14'.0 N., Long. 88 deg.57'.7 W., thence 
to;
    (x) A point at Lat. 29 deg.10'.0 N., Long. 88 deg.57'.0 W., thence 
to;
    (xi) A point at Lat. 29 deg.03'.6 N., Long. 89 deg.02'.3 W., thence 
via the five fathom curve to;
    (xii) A point at latitude 28 deg.58'.1 N., longitude 89 deg.09'.6 
W., thence to;
    (xiii) A point at latitude 28 deg.57'.8 N., longitude 89 deg.13'.6 
W., thence to;
    (xiv) A point at latitude 28 deg.57'.8 N., longitude 89 deg.19'.5 
W., thence to;
    (xv) A point at latitude 28 deg.53'.8 N., longitude 89 deg.25'.7 W., 
thence to;
    (xvi) A point at latitude 28 deg.52'.6 N., longitude 89 deg.25'.9 
W., thence via the 10 fathom curve to;
    (xvii) A point at latitude 29 deg.00' N., longitude 89 deg.34'.0 W., 
thence to;
    (xviii) A point at latitude 29 deg.00' N., longitude 90 deg.05'.0 
W., thence to;
    (xix) A point at latitude 28 deg.46'.3 N., longitude 91 deg.07'.5 
W., thence to;
    (xx) A point at latitude 29 deg.11'.5 N., longitude 92 deg.21'.0 W., 
thence to;
    (xxi) A point at latitude 29 deg.29'.0 N., longitude 92 deg.32'.3 
W., thence via the 5 fathom curve to;
    (xxii) A point at latitude 29 deg.41'.2 N., longitude 93 deg.19'.9 
W., thence to;
    (xxiii) A point at latitude 29 deg.38'.7 N., longitude 93 deg.49'.4 
W., thence to;
    (xxiv) A point on the 5 fathom curve at latitude 29 deg.35'.8 N., 
longitude 94 deg.00' W., thence via the 5 fathom curve to;
    (xxv) A point at latitude 29 deg.26'.7 N., longitude 94 deg.30'.0 
W., thence to;
    (xxvi) A point at latitude 28 deg.55'.3 N., longitude 95 deg.16'.3 
W., thence to;
    (xxvii) A point at latitude 28 deg.54'.9 N., longitude 95 deg.15'.6 
W., thence to;
    (xxviii) A point at latitude 28 deg.19'.3 N., longitude 96 deg.23'.3 
W., thence to;
    (xxix) A point at latitude 27 deg.49'.5 N., longitude 97 deg.01'.2 
W., thence to;
    (xxx) A point on the 10 fathom curve at latitude 27 deg.30'.0 N., 
longitude 97 deg.10'.0 W., thence via the 10 fathom curve to;
    (xxxi) A point at latitude 27 deg.00' N., longitude 97 deg.17'.5 W., 
thence to;
    (xxxii) A point at latitude 26 deg.04'.1 N., longitude 97 deg.08'.6 
W.

    (2) The coordinates of the secondary line of demarcation within the 
jurisdiction of the District Commander are as follows:

    (i) Commencing at a point in Breton Sound at Lat. 29 deg.34'.0 N., 
Long. 89 deg.00'.0 W., thence to;
    (ii) A point at Lat. 29 deg.30'.0 N., Long. 89 deg.10'.0 W., thence 
to;
    (iii) A point at Lat. 29 deg.20'.9 N., Long. 89 deg.10'.0 W., thence 
to;
    (iv) A point at Lat. 29 deg.15'.3 N., Long. 89 deg.04'.0 W., thence 
to;
    (v) A point at Lat. 29 deg.14'.1 N., Long. 88 deg.59'.0 W., thence 
to;
    (vi) A point at Lat. 29 deg.08'.6 N., Long. 88 deg.58'.3 W., thence 
to;
    (vii) A point at Lat. 29 deg.02'.1 N., Long. 89 deg.06'.6 W., thence 
to;
    (viii) A point at Lat. 28 deg.58'.1 N., Long. 89 deg.08'.4 W., 
thence to;
    (ix) A point at Lat. 29 deg.01'.1 N., Long. 89 deg.16'.1 W., thence 
to;
    (x) A point at Lat. 28 deg.53'.7 N., Long. 89 deg.26'.0 W., thence 
to;
    (xi) A point at Lat. 28 deg.54'.3 N., Long. 89 deg.27'.5 W., thence 
to;
    (xii) A point at Lat. 29 deg.02'.2 N., Long. 89 deg.24'.2 W., thence 
to;
    (xiii) A point at Lat. 29 deg.11'.8 N., Long. 89 deg.30'.0 W., 
thence to;
    (xiv) A point at Lat. 29 deg.17'.9 N., Long. 89 deg.46'.6 W., thence 
to;
    (xv) A point at Lat. 29 deg.17'.1 N., Long. 89 deg.50'.8 W., thence 
to;
    (xvi) A point at Lat. 29 deg.14'.5 N., Long. 89 deg.55'.1 W., thence 
to;
    (xvii) A point at Lat. 29 deg.10'.9 N., Long. 90 deg.02'.9 W., 
thence to;
    (xviii) A point at Lat. 29 deg.05'.5 N., Long. 90 deg.10'.0 W., 
thence to;
    (xix) A point at Lat. 29 deg.04'.5 N., Long. 90 deg.12'.0 W., thence 
to;
    (xx) A point at Lat. 29 deg.02'.0 N., Long., 90 deg.20'.8 W., thence 
to;
    (xxi) A point at Lat. 29 deg.01'.9 N., Long. 90 deg.24'.9 W., thence 
to;
    (xxii) A point at Lat. 29 deg.03'.6 N., Long. 90 deg.32'.8 W., 
thence to;
    (xxiii) A point at Lat. 29 deg.01'.9 N., Long. 90 deg.41'.7 W., 
thence to;
    (xxiv) A point at Lat. 29 deg.00'.8 N., Long. 90 deg.50'.0 W., 
thence to;
    (xxv) A point at Lat. 29 deg.02'.4 N., Long. 91 deg.01'.5 W., thence 
to;
    (xxvi) A point at Lat. 29 deg.28'.5 N., Long. 92 deg.10'.1 W., 
thence to;
    (xxvii) A point at Lat. 29 deg.31'.1 N., Long. 92 deg.21'.8 W., 
thence to;
    (xxviii) A point at Lat. 29 deg.34'.1 N., Long. 92 deg.39'.3 W., 
thence to;
    (xxix) A point at Lat. 29 deg.41'.1 N., Long. 92 deg.57'.2 W., 
thence to;
    (xxx) A point at Lat. 29 deg.44'.6 N., Long. 93 deg.07'.9 W., thence 
to;
    (xxxi) A point at Lat. 29 deg.45'.6 N., Long. 93 deg.13'.7 W., 
thence to;

[[Page 160]]

    (xxxii) A point at Lat. 29 deg.45'.6 N., Long. 93 deg.17'.3 W., 
thence to;
    (xxxiii) A point at Lat. 29 deg.44'.3 N., Long. 93 deg.21'.0 W., 
thence to;
    (xxxiv) A point at Lat. 29 deg.45'.3 N., Long. 93 deg.30'.0 W., 
thence to;
    (xxxv) A point at Lat. 29 deg.43'.3 N., Long. 93 deg.43'.7 W., 
thence to;
    (xxxvi) A point at Lat. 29 deg.41'.0 N., Long. 93 deg.48'.8 W., 
thence to;
    (xxxvii) A point at Lat. 29 deg.38'.8 N., Long. 93 deg.50'.8 W., 
thence to;
    (xxxviii) A point at Lat. 29 deg.40'.0 N., Long. 93 deg.57'.3 W., 
thence to;
    (xxxix) A point at Lat. 29 deg.39'.3 N., Long. 94 deg.05'.0 W., 
thence to;
    (xl) A point at Lat. 29 deg.27'.0 N., Long. 94 deg.37'.0 W., thence 
to;
    (xli) A point at Lat. 29 deg.23'.1 N., Long. 94 deg.42'.6 W., thence 
to;
    (xlii) A point at Lat. 29 deg.20'.4 N., Long. 94 deg.41'.5 W., 
thence to;
    (xliii) A point at Lat. 29 deg.06'.6 N., Long. 95 deg.04'.4 W., 
thence to;
    (xliv) A point at Lat. 29 deg.04'.6 N., Long. 95 deg.05'.7 W., 
thence to;
    (xlv) A point at Lat. 29 deg.02'.0 N., Long. 95 deg.10'.0 W., thence 
to;
    (xlvi) A point at Lat. 28 deg.57'.3 N., Long. 95 deg.16'.2 W., 
thence to;
    (xlvii) A point at Lat. 28 deg.55'.3 N., Long. 95 deg.17'.9 W., 
thence to;
    (xlviii) A point at Lat. 28 deg.39'.5 N., Long. 95 deg.48'.4 W., 
thence to;
    (xlix) A point at Lat. 28 deg.32'.1 N., Long. 96 deg.06'.9 W., 
thence to;
    (l) A point at Lat. 28 deg.26'.4 N., Long. 96 deg.17'.8 W., thence 
to;
    (li) A point at Lat. 28 deg.23'.6 N., Long. 96 deg.21'.5 W., thence 
to;
    (lii) A point at Lat. 28 deg.19'.7 N., Long. 96 deg.23'.3 W., thence 
to;
    (liii) A point at Lat. 28 deg.19'.3 N., Long. 96 deg.25'.2 W., 
thence to;
    (liv) A point at Lat. 28 deg.14'.8 N., Long. 96 deg.35'.0 W., thence 
to;
    (lv) A point at Lat. 28 deg.09'.1 N., Long. 96 deg.43'.8 W., thence 
to;
    (lvi) A point at Lat. 28 deg.02'.4 N., Long. 96 deg.52'.2 W., thence 
to;
    (lvii) A point at Lat. 27 deg.56'.2 N., Long. 96 deg.58'.3 W., 
thence to;
    (lviii) A point at Lat. 27 deg.52'.8 N., Long. 97 deg.01'.1 W., 
thence to;
    (lix) A point at Lat. 27 deg.49'.3 N., Long. 97 deg.03'.0 W., thence 
to;
    (lx) A point at Lat. 27 deg.46'.4 N., Long. 97 deg.05'.6 W., thence 
to;
    (lxi) A point at Lat. 27 deg.38'.9 N., Long. 97 deg.10'.6 W., thence 
to;
    (lxii) A point at Lat. 27 deg.28'.3 N., Long. 97 deg.16'.2 W., 
thence to;
    (lxiii) A point at Lat. 27 deg.21'.9 N., Long. 97 deg.18'.9 W., 
thence to;
    (lxiv) A point at Lat. 27 deg.13'.7 N., Long. 97 deg.21'.2 W., 
thence to;
    (lxv) A point at Lat. 27 deg.05'.4 N., Long. 97 deg.22'.3 W., thence 
to;
    (lxvi) A point at Lat. 26 deg.57'.1 N., Long. 97 deg.22'.2 W., 
thence to;
    (lxvii) A point at Lat. 26 deg.48'.9 N., Long. 97 deg.20'.9 W., 
thence to;
    (lxviii) A point at Lat. 26 deg.39'.1 N., Long. 97 deg.18'.1 W., 
thence to;
    (lxix) A point at Lat. 26 deg.28'.8 N., Long. 07 deg.14'.3 W., 
thence to;
    (lxx) A point at Lat. 26 deg.18'.3 N., Long. 97 deg.11'.3 W., thence 
to;
    (lxxi) A point at Lat. 26 deg.11'.7 N., Long. 97 deg.10'.2 W., 
thence to;
    (lxxii) A point at Lat. 26 deg.04'.8 N., Long. 97 deg.09'.3 W., 
thence to;
    (lxxiii) A point at Lat. 26 deg.04'.2 N., Long. 97 deg.08'.8 W., 
thence to;
    (lxxiv) A point at Lat. 25 deg.58'.3 N., Long. 97 deg.08'.3 W.

    (c) Seismographic and surveying operations. (1) All stakes and 
casings (pipes), except bamboo poles and wooden stakes less than 2 
inches in diameter, placed in the water during seismographic or 
surveying operations shall be marked with flags during the daylight 
hours. Those casings remaining in place during the hours of darkness 
shall be marked by a red light as prescribed in Subpart 67.30 of this 
part.
    (2) All buoys used during seismographic operations shall be painted 
with international orange and white horizontal bands. The buoys shall be 
of light construction in order that they will not present a hazard to 
marine commerce.
    (d) Spoil marking. (1) All submerged spoil resulting from the 
dredging of channels, laying of pipelines, or any other operation, which 
constitutes an obstruction to navigation, shall be properly marked. The 
spoil banks should be examined at frequent intervals in order that the 
changing conditions may be kept under control. As markers are no longer 
required due to settling of banks, the Coast Guard will authorize their 
removal upon application.
    (2) All openings in such submerged spoil shall be marked by 
daybeacons on each side of the openings. When spoil is located on each 
side of a channel or pipe line, each bank will be considered separately. 
The daybeacons shall be equipped with arrows designating the safe water 
through the opening. These daybeacons may also be used as channel 
markers for the dredged channels

[[Page 161]]

providing they are also equipped with arrows designating the spoil bank 
openings.
    (3) When spoil banks constituting an obstruction to navigation abut 
an established traveled waterway, the outboard spoil bank markers shall 
be equipped with quick flashing lights described in Subpart 67.30 of 
this part, except that the color shall be in accordance with the 
provisions of Subpart 62.25 of Part 62 of this subchapter.
    (e) Applications. All private aids to navigation applications and 
all correspondence dealing with private aids to navigation and 
obstruction lighting shall be addressed to Commander, Eighth Coast Guard 
District, 328 Custom House Building, New Orleans, Louisiana, 70130 
marked for the attention of the Chief, Aids to Navigation Section.
    (f) Enclosures. Applicants shall append on a separate sheet with 
each application, the description, including manufacturer, of 
obstruction lights and fog signals.
    (g) Corps of Engineers correspondence. A copy of all correspondence 
directed to the District Engineer, Corps of Engineers, U.S. Army, in 
accordance with condition (i) of the Department of the Army permit, 
shall be forwarded to the District Commander for those operations 
conducted under permits authorizing the erection of structures in areas 
in which Class ``A'', Class ``B'', or Class ``C'' requirements must be 
met.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 61-40, 26 FR 
10353, Nov. 3, 1961; CGFR 65-34, 30 FR 9485, July 29, 1965; CGFR 68-95, 
33 FR 15285, Oct. 15, 1968]



Sec. 67.50-30   Ninth Coast Guard District.

    (a) Description. See Sec. 3.45-1 of this chapter.
    (b) Line of demarcation. There is no line of demarcation prescribed 
for this District. When required, it will be determined in accordance 
with Sec. 67.01-20. The District Commander shall assign structures to 
classes as he deems appropriate at the time of application for a permit 
to establish and operate lights and fog signals. In so doing, he shall 
take into consideration matters concerning, but not necessarily limited 
to, the dimensions of the structure and the depth of water in which it 
is located; the proximity of the structure to vessel routes; the nature 
and amount of vessel traffic; and the effect of background lighting.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 61-40, 26 FR 
10353, Nov. 3, 1961]



Sec. 67.50-35  Eleventh Coast Guard District.

    (a) Description. See Sec. 3.55-1 of this chapter.
    (b) Line of Demarcation. The line of demarcation described in this 
section is for adminstrative purposes to distinguish between the areas 
in which structures shall be subject to Class ``A'', ``B'', or ``C'' 
requirements. The line delimits the areas to seaward of which class 
``A'' requirements are imposed. The line of demarcation within the 
jurisdiction of the District Commander is defined as follows:
    (1) Commencing at a point of latitude 41 deg.59.8'N., longitude 
124 deg.19.5'W., thence southward along the seaward limit of the 
territorial sea to;
    (2) A point at latitude 32 deg.32.0'N, longitude 117 deg.11.0'W.
    (c) Structures located within a half nautical mile of Traffic 
Separation Scheme Los Angeles/Long Beach will also be subject to class 
``A'' requirements. The traffic separation scheme is depicted on 
National Ocean Service Charts 18740, 18720, 18725, 18746, 18721.

[CGD11-86-02, 52 FR 37613, Oct. 8, 1987]



Sec. 67.50-45   Thirteenth Coast Guard District.

    (a) Description.See Sec. 3.65-1 of this chapter.
    (b) Line of demarcation. There is no line of demarcation prescribed 
for this District. When required, it will be determined in accordance 
with Sec. 67.01-20. The District Commander shall assign structures to 
classes as he deems appropriate at the time of application for a permit 
to establish and operate lights and fog signals. In so doing, he shall 
take into consideration matters concerning, but not necessarily limited 
to, the dimensions of the structure and the depth of water in which it 
is located; the proximity of the structure to vessel

[[Page 162]]

routes; the nature and amount of vessel traffic; and the effect of 
background lighting.

[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 62-25, 27 FR 
8733, Aug. 31, 1962]



Sec. 67.50-50   Seventeenth Coast Guard District.

    (a) Description. See Sec. 3.85-1 of this chapter.
    (b) Line of demarcation. There is no line of demarcation prescribed 
for this District. When required it will be determined in accordance 
with Sec. 67.01-20. The District Commander shall assign structures to 
classes as he deems appropriate at the time of application for a permit 
to establish and operate lights and fog signals. In so doing, he shall 
take into consideration matters concerning, but not necessarily limited 
to, the dimensions of the structure and the depth of water in which it 
is located; the proximity of the structure to vessel routes; the nature 
and amount of vessel traffic; and the effect of background lighting.

[CGFR 68-95, 33 FR 15285, Oct. 15, 1968]



PART 70--INTERFERENCE WITH OR DAMAGE TO AIDS TO NAVIGATION--Table of Contents




           Subpart 70.01--Interference With Aids to Navigation

Sec.
70.01-1  General provisions.
70.01-5  Penalty.

      Subpart 70.05--Collision With or Damage to Aids to Navigation

70.05-1  General provisions.
70.05-5  Penalty.
70.05-10  Revocation of license.
70.05-15  Liability for damages.
70.05-20  Report required.

    Authority: Secs. 14, 16, 30 Stat. 1152, 1153; secs. 84, 86, 92, 633, 
642, 63 Stat. 500, 501, 503, 545, 547 (33 U.S.C. 408, 411, 412; 14 
U.S.C. 84, 86, 92, 633, 642).



           Subpart 70.01--Interference With Aids to Navigation



Sec. 70.01-1   General provisions.

    No person, excluding the Armed Forces, shall obstruct or interfere 
with any aid to navigation established and maintained by the Coast 
Guard, or any private aid to navigation established and maintained in 
accordance with part 64, 66, 67, or 68 of this subchapter.

[CGFR 58-17, 23 FR 3383, May 20, 1958]



Sec. 70.01-5   Penalty.

    Any person violating the provisions of this section shall be deemed 
guilty of a misdemeanor and be subject to a fine not exceeding the sum 
of $500 for each offense, and each day during which such violation shall 
continue shall be considered a new offense.

[CGFR 52-15, 18 FR 12, Jan. 1, 1953]



      Subpart 70.05--Collision With or Damage to Aids to Navigation

    Source: CGFR 52-15, 18 FR 12, Jan. 1, 1953, unless otherwise noted.



Sec. 70.05-1   General provisions.

    No person shall take possession of or make use of for any purpose, 
or build upon, alter, deface, destroy, move, injure, obstruct by 
fastening vessels thereto or otherwise, or in any manner whatever impair 
the usefulness of any aid to navigation established and maintained by 
the United States.



Sec. 70.05-5   Penalty.

    Every person and every corporation that shall violate, or that shall 
knowingly aid, abet, authorize, or instigate a violation of the 
provisions of Sec. 70.05-1 shall be guilty of a misdemeanor, and on 
conviction thereof shall be punished by a fine not exceeding $2,500 or 
less than $500, or by imprisonment (in case of a natural person) for not 
less than thirty days nor more than one year, or both, one half of such 
fine to be paid to the person or persons giving information which shall 
lead to conviction.

[[Page 163]]



Sec. 70.05-10   Revocation of license.

    Every master, pilot, and engineer, or person or persons acting in 
such capacity, respectively, on board any boat or vessel who shall 
willfully injure or destroy an aid to navigation established and 
maintained by the United States shall be deemed guilty of violating the 
provisions of Sec. 70.05-1 and shall upon conviction be punished as 
provided in Sec. 70.05-5 and shall also have his license revoked or 
suspended for a term to be fixed by the judge before whom tried and 
convicted.



Sec. 70.05-15   Liability for damages.

    Any boat, vessel, scow, raft or other craft used or employed in 
violating any of the provisions of Sec. 70.05-1 shall be liable for the 
pecuniary penalties specified in Sec. 70.05-5, and in addition thereto 
for the amount of damage done by said boat, vessel, scow, raft or other 
craft, which may be proceeded against summarily by way of libel in any 
district court of the United States having jurisdiction thereof.



Sec. 70.05-20   Report required.

    Whenever any vessel collides with an aid to navigation established 
and maintained by the United States or any private aid to navigation 
established or maintained in accordance with Part 64, 66, 67, or 68 of 
this subchapter, or is connected with any such collision, it shall be 
the duty of the person in charge of such vessel to report the accident 
to the nearest Officer in Charge, Marine Inspection, in accordance with 
46 CFR 4.

(R.S. 4450, as amended, sec. 4, 67 Stat. 462; 46 U.S.C. 239, 43 U.S.C. 
1333)

[CGFR 58-17, 23 FR 3383, May 20, 1958, as amended by CGFR 61-55, 26 FR 
12572, Dec. 28, 1961; CGD 97-023, 62 FR 33362, June 19, 1997]



PART 72--MARINE INFORMATION--Table of Contents




                   Subpart 72.01--Notices to Mariners

Sec.
72.01-1  Purpose.
72.01-5  Local Notice to Mariners.
72.01-10  Notice to Mariners.
72.01-15--72.01-20  [Reserved]
72.01-25  Marine broadcast notice to mariners.
72.01-30  Temporary deficiencies.
72.01-35  Change of address.
72.01-40  Single copies.

                       Subpart 72.05--Light Lists

72.05-1  Purpose.
72.05-5  Sales agencies.
72.05-10  Free distribution.

    Authority: 14 U.S.C. 93, 49 CFR 1.46.



                   Subpart 72.01--Notices to Mariners



Sec. 72.01-1   Purpose.

    The Coast Guard issues information concerning the establishment of 
aids to maritime navigation and the changes, discontinuances, and 
deficiencies, except temporary deficiencies that are easily correctable, 
of aids to maritime navigation maintained and operated by or under the 
authority of the Coast Guard in documents and marine broadcasts having 
the general title of ``Notice to Mariners.'' This subpart describes the 
publications and the marine broadcasts.

[CGD 70-147R, 37 FR 10669, May 26, 1972]



Sec. 72.01-5   Local Notice to Mariners.

    (a) ``Local Notice to Mariners'' reports changes to and deficiencies 
in aids to navigation that are established or maintained and operated by 
or under the authority of the Coast Guard, and any other information 
pertaining to the waterways within each Coast Guard district that is of 
interest to the mariner.
    (b) ``Local Notice to Mariners'' is published and issued weekly by 
each Coast Guard district or more often if there is a need to notify 
mariners of local waterway information.
    (c) Any person may apply to the local Coast Guard District Office to 
be placed on the mailing list for the ``Local Notice to Mariners.'' The 
``Local Notice to Mariners'' is mailed to the public free of charge.

[CGD 70-147R, 37 FR 10669, May 26, 1972]



Sec. 72.01-10  Notice to Mariners.

    (a) ``Notice to Mariners'' is intended to advise mariners of new 
hydrographic discoveries, changes in channels and

[[Page 164]]

navigational aids, and information concerning the safety of navigation. 
``Notice to Mariners'' also contains information--
    (1) Useful in updating the latest editions of charts and 
publications of the National Imagery and Mapping Agency, National Ocean 
Service, U.S. Army Corps of Engineers, and Coast Guard;
    (2) Selected from the ``Local Notice to Mariners'' issued and 
published by the 1st, 5th, 7th, 
8th, 9th, 11th, 13th, 
14th, and 17th Coast Guard districts; and
    (3) Compiled from foreign notices to mariners, ship reports, and 
similar cooperating observer reports.
    (b) ``Notice to Mariners'' is published weekly by the National 
Imagery and Mapping Agency. The ``Notice to Mariners'' is prepared by 
the:
    (1) Coast Guard;
    (2) National Ocean Service; and
    (3) National Imagery and Mapping Agency.
    (c) This notice may be obtained free of charge, upon request to the 
National Ocean Service (NOS): phone: (301) 436-6990/(800) 638-8972; FAX: 
(301) 436-6829; or mail: National Ocean Service/NOAA, Distribution 
Division N/ACC3, Riverdale, MD 20737-1199. Request should be based on 
affirmative need for the information.

[CGD 97-023, 62 FR 33362, June 19, 1997]
Secs. 72.01-15--72.01-20  [Reserved]



Sec. 72.01-25  Marine broadcast notice to mariners.

    (a) The Coast Guard broadcasts notices to mariners on its own or 
U.S. Navy radio stations to report navigational warnings containing 
information of importance to the safety of navigation of vessels, such 
as the position of ice and derelicts, defects, and changes to aids to 
navigation, and drifting mines. Radio stations broadcasting marine 
information are listed in ``Radio Navigational Aids'' (National Imagery 
and Mapping Agency publications 117A and 117B) and United States Coast 
Pilots.
    (b) Any person may purchase ``Radio Navigational Aids'' from:
    (1) Any authorized agent for the sale of National Imagery and 
Mapping Agency charts and publications.
    (2) The National Imagery and Mapping Agency Depots or Offices.
    (3) The National Ocean Service (NOS): phone: (301) 436-6990/(800) 
638-8972; FAX: (301) 436-6829; or mail: National Ocean Service/NOAA, 
Distribution Division N/ACC3, Riverdale, MD 20737-1199.
    (c) Any person may purchase United States Coast Pilots from any 
authorized agent for the sale of National Ocean Service charts and 
publications whose names and addresses are contained in the National 
Ocean Service Chart Catalogs.

[CGD 97-023, 62 FR 33362, June 19, 1997]



Sec. 72.01-30   Temporary deficiencies.

    Temporary deficiencies in aids to navigation are not published in 
Notices to Mariners when it is known that the defects will be corrected 
promptly.

[CGFR 52-15, 18 FR 13, Jan. 1, 1953]



Sec. 72.01-35   Change of address.

    Persons receiving Notices to Mariners are requested to notify the 
appropriate agency of any change in address, giving both old and new 
addresses, or when Notices to Mariners are no longer required.

[CGFR 52-15, 18 FR 13, Jan. 1, 1953]



Sec. 72.01-40  Single copies.

    Single copies of the ``Notice to Mariners'' described in Sec. 72.01-
10 may be obtained or consulted at:
    (a) Coast Guard District Commanders' Offices;
    (b) National Ocean Service Field Offices;
    (c) The National Imagery and Mapping Agency; and
    (d) Custom Houses.

[CGD 97-023, 62 FR 33362, June 19, 1997]



                       Subpart 72.05--Light Lists



Sec. 72.05-1  Purpose.

    (a) The Coast Guard publishes the following Light Lists annually, 
with the exception of Volume V, which is published biennially, covering 
the waters of the United States, its territories and possessions:

[[Page 165]]

    (1) Volume I, Atlantic Coast, from St. Croix River, Maine to Ocean 
City Inlet, Maryland.
    (2) Volume II, Atlantic Coast, from Ocean City Inlet, Maryland to 
Little River, South Carolina.
    (3) Volume III, Atlantic Coast and Gulf of Mexico, from Little 
River, South Carolina to Econfina River, Florida, and the Greater 
Antilles.
    (4) Volume IV, Gulf of Mexico, from Econfina River, Florida to Rio 
Grande, Texas.
    (5) Volume V, Mississippi River System.
    (6) Volume VI, Pacific Coast and Pacific Islands.
    (7) Volume VII, Great Lakes.
    (b) The Light Lists contain the official name, location, 
characteristics, and general description of federal, state, and private 
aids to navigation maintained by or under authority of the U.S. Coast 
Guard, which are placed in navigable waters used by general navigation. 
The Light Lists do not contain information concerning private aids to 
navigation maintained under the authority of the U.S. Coast Guard, which 
are placed in navigable waters not used by general navigation; nor do 
they contain information concerning mooring buoys and some special marks 
having no lateral significance such as fish net, dredging, and racing 
buoys.

(14 U.S.C. 93; 49 U.S.C. 108; 49 CFR 1.46)

[CGFR 60-63, 25 FR 8949, Sept. 17, 1960, as amended by CGFR 63-48, 28 FR 
10379, Sept. 25, 1963; CGD 85-042, 50 FR 50904, Dec. 13, 1985; CGD 88-
105, 54 FR 12612, Mar. 28, 1989]



Sec. 72.05-5   Sales agencies.

    Each volume of the ``Light List'' is for sale by the Superintendent 
of Documents, Government Printing Office, Washington, D.C. 20402, and 
through sales agents whose names are published in issue No. 13 of 
``Notice to Mariners'' described in Sec. 72.01-10. Notification of 
publication of a new edition of the ``Light List'' is published in the 
``Notice to Mariners'' for the particular area that is covered as soon 
as the edition is available for distribution.

[CGD 70-147R, 37 FR 10670, May 26, 1972]



Sec. 72.05-10   Free distribution.

    Official copies are distributed free of charge to Federal, State, 
and foreign governments, municipalities, libraries and other public 
institutions.

(R.S. 501, as amended, sec. 5, 38 Stat. 75; 44 U.S.C. 82, 84)

[CGFR 51-15, 18 FR 13, Jan. 1, 1953]



PART 74--CHARGES FOR COAST GUARD AIDS TO NAVIGATION WORK--Table of Contents




                  Subpart 74.01--Charges to the Public

Sec.
74.01-1  Claim for damage, destruction, or displacement.
74.01-10  Charges invoiced to owner for marking sunken wrecks and other 
          obstructions to navigation.
74.01-15  Charges for placement of temporary aids.
74.01-20  Deposit of payment in special account.

                 Subpart 74.20--Aids to Navigation Costs

74.20-1  Buoy and vessel use costs.

    Authority: 14 U.S.C. 81, 85, 86, 92, 93, 141, 633, 642, 647; 49 CFR 
1.46 (b).

    Source: CGFR 58-50, 24 FR 5608, July 11, 1959, unless otherwise 
noted.



                  Subpart 74.01--Charges to the Public



Sec. 74.01-1   Claim for damage, destruction, or displacement.

    Whenever an aid to navigation is damaged, destroyed, or displaced 
from its station, a claim shall be made on behalf of the United States 
in accordance with Part 25 of this title.

[CGFR 70-7, 35 FR 4048, Mar. 4, 1970]



Sec. 74.01-10  Charges invoiced to owner for marking sunken wrecks and other obstructions to navigation.

    Charges for the establishment, maintenance, and replacement by the 
Coast Guard of an aid, either permanent or temporary, to mark a sunken 
wreck or other obstruction to navigation are calculated to recover the 
Coast Guard costs involved in, or associated with, the marking process. 
These charges will be invoiced to the owner of the obstruction. Charges 
for the removal of

[[Page 166]]

aids to navigation established by the Coast Guard will be invoiced to 
the owner unless the District Engineer requests the continued marking of 
the obstruction. All charges will be assessed in accordance with Subpart 
74.20 of this part.

[CGD 81-051, 48 FR 15468, Apr. 11, 1983]



Sec. 74.01-15   Charges for placement of temporary aids.

    Charges for placement of temporary aids will be reimbursable and in 
accordance with Subpart 74.20 of this part. Where the placement of 
temporary aids other than those specified is made, a reasonable 
equivalence will be determined, and charges made accordingly.



Sec. 74.01-20   Deposit of payment in special account.

    Whenever an aid to navigation or other property belonging to the 
Coast Guard is damaged or destroyed by a private person, such person 
shall pay to the satisfaction of the Coast Guard the cost of repair or 
replacement of such property. The Coast Guard will accept and deposit 
such payment in a special account in the Treasury for payment therefrom 
of the cost of repairing or replacing the damaged property. Funds 
collected in excess of the cost to make repairs or replacements shall be 
refunded.



                 Subpart 74.20--Aids to Navigation Costs



Sec. 74.20-1  Buoy and vessel use costs.

    (a) The buoy and vessel use costs for establishing, maintaining, 
repairing, replacing, or removing an aid to navigation under the 
requirements of this part are contained in COMDTNOTE 7310 (series) which 
is available at the Office of the Comptroller of the appropriate Coast 
Guard District Commander.
    (b) Buoy and vessel use charges under this part are made for the 
cost or value of time, in hours, consumed by the Government vessel, 
including ship's complement, employed in marking the obstruction. No 
charge for time and expense of Coast Guard vessels is made when the 
marking of the obstruction causes only minimal interruption of routinely 
scheduled ship's duty.

[CGD 81-051, 48 FR 15468, Apr. 11, 1983]



PART 76--SALE AND TRANSFER OF AIDS TO NAVIGATION EQUIPMENT--Table of Contents




                    Subpart 76.01--Sale of Equipment

Sec.
76.01-1  Sale of equipment not readily procurable.
76.01-5  Sale of condemned equipment.

                     Subpart 76.10--Federal Agencies

76.10-1  Exemption.

    Authority: Sec. 92, 63 Stat. 503; sec. 641, 63 Stat. 547, as amended 
(14 U.S.C. 92, 641).

    Source: CGFR 52-15, 18 FR 14, Jan. 1, 1953, unless otherwise noted.



                    Subpart 76.01--Sale of Equipment



Sec. 76.01-1   Sale of equipment not readily procurable.

    The Commandant is authorized to sell aids to navigation apparatus or 
equipment to foreign, state, or municipal governments or departments 
thereof; parties required to maintain private aids to navigation to mark 
wrecks, piers, or other obstructions; contractors engaged on public 
works; and in other cases in which in the judgment of the Commandant the 
public interest may be served: Provided:
    (a) Such equipment has not been reported by the Coast Guard to the 
General Services Administration as excess (if the equipment has been 
reported to the General Services Administration as excess, the 
Commandant will submit the request to that administration for further 
action); and
    (b) Such equipment is not readily procurable in the open market. 
Requests to purchase such apparatus or equipment shall give sufficient 
reasons why the article or articles cannot be readily procured in the 
open market. If the Commandant considers that an article can be readily 
procured in the open market the prospective purchaser will be so 
informed, and given the names of dealers or manufacturers. Sales shall 
be invoiced at cost plus 25 percent for overhead. Proceeds of such sales 
shall be deposited in the Treasury

[[Page 167]]

to the credit of the current appropriation for operating expenses, Coast 
Guard.



Sec. 76.01-5   Sale of condemned equipment.

    When any condemned supplies, materials, or equipment cannot be 
profitably used in work of the Coast Guard, they will be disposed of 
under appropriate regulations of the General Services Administration. 
Applications for purchase of such materials may be submitted to the 
Commandant who will process them for further action under the applicable 
regulations.



                     Subpart 76.10--Federal Agencies



Sec. 76.10-1   Exemption.

    Nothing in this part shall be construed to affect the regulations 
concerning the transfer of supplies, materials, equipment, or land 
between other Federal agencies.

[[Page 168]]



              SUBCHAPTER D--INTERNATIONAL NAVIGATION RULES



    Special Note: Application of the 72 COLREGS to territories and 
possessions.
    a. Article III of the Convention on the International Regulations 
for Preventing Collisons at Sea, 1972 (72 COLREGS), done at London, 
October 20, 1972, as rectified by Proces-Verbal of December 1, 1973, 
provides that a party may notify the Secretary-General of the 
International Maritime Organization (IMO, formerly Inter-Governmental 
Maritime Consultative Organization or IMCO) that it extends the 
application of the Convention to territory for which it is responsible 
for international relations. Since it is the intention of the United 
States that the 72 COLREGS apply to all U.S. territories and possessions 
to the same extent that the International Regulations for Preventing 
Collisions at Sea, 1960 (60 COLREGS) (16 USC 794, TIAS 5813) previously 
applied, the United States has given notice to the Secretary-General 
that the provisions of the 1972 COLREGS are applicable on July 15, 1977, 
to the following territories and possessions for which the United States 
is responsible for international relations:

Puerto Rico
Guam
The Canal Zone
The Virgin Islands of the United States
American Samoa
Midway Island
Wake Island
Johnston Island
Palmyra Island
Kingman Reef
Howland Island
Baker Island
Jarvis Island
Navassa Island

    b. In accordance with Article III, other parties to the Convention 
have notified the Secretary-General that application of 72 COLREGS is 
extended. These parties with their territorial extensions are listed in 
Table 1.

     Table 1. Territorial Extensions of Other Parties to 72 COLREGS     
------------------------------------------------------------------------
                                               Territories to which 72  
            Party to convention                 COLREGS are extended    
------------------------------------------------------------------------
United Kingdom............................  Hong Kong.                  
------------------------------------------------------------------------

    Because earlier formulations of the COLREGS were not elaborated as 
treaties, they came into force by the almost simultaneous enactment of 
domestic legislation by the majority of maritime nations. The COLREGS 
were judicially considered as being customary international law, that is 
to say international law based upon the consensus of maritime nations 
rather than upon an express instrument. Because 72 COLREGS was 
elaborated as a treaty, and under usual treaty practice only parties are 
bound, there may be a period of time after the 72 COLREGS come into 
force during which the ships of a nation not party to 72 COLREGS might 
not be considered as being bound to comply with the convention. While it 
is most likely that the 72 COLREGS will rapidly achieve the status of 
customary international law, thereby obviating any concern on the part 
of the mariner as to whether a particular nation is a party, it does not 
necessarily follow that the courts in all nations will apply 72 COLREGS 
to the vessels of a non-party nation. In the absence of changes in their 
domestic law there may be certain nations that will feel compelled to 
continue 60 COLREGS in force, despite the coming into force of 72 
COLREGS.
    The following nations are Contracting Parties for which 72 COLREGS 
will apply upon the Convention's entry into force:

Algeria
Bahamas
Belgium
Brazil
Bulgaria
Canada
Denmark
Finland
France
German Democratic Republic
Germany, Federal Republic
Ghana
Greece
Hungary
Iceland
India
Liberia
Mexico
Monaco
Netherlands
New Zealand
Nigeria
Norway
Papua New Guinea
Poland
Romania
South Africa
Spain
Sweden
Switzerland
Syrian Arab Republic
USSR
United Kingdom
United States
Yugloslavia
Zaire
    The following nations have accepted the 60 COLREGS but are not 
Contracting Parties to 72 COLREGS:

Argentina
Australia
Austria
Barbados
Burma
China
Cuba
Cyprus
Czechoslovakia
Ecuador
Egypt
Fiji
Gambia
Indonesia
Ireland
Israel
Italy
Ivory Coast
Jamaica
Japan
Kuwait
Lebanon
Libyan Arab Republic
Madagascar
Maldives
Morocco
Oman
Pakistan
Paraguay

[[Page 169]]


Peru
Philippines
Portugal
Republic of Korea
Singapore
Surinam
Tonga
Trinidad & Tobago
Tunisia
Turkey
United Republic of Cameroon

[CGD 77-075, 42 FR 26976, May 26, 1977. Redesignated by CGD 81-017, 46 
FR 28153, May 26, 1981; CGD 95-053, 61 FR 9, Jan. 2, 1996]



PART 80--COLREGS DEMARCATION LINES--Table of Contents




                                 General

Sec.
80.01  General basis and purpose of demarcation lines.

                             Atlantic Coast

                             first district

80.105  Calais, ME to Cape Small, ME.
80.110  Casco Bay, ME.
80.115  Portland Head, ME to Cape Ann, MA.

80.120  Cape Ann, MA to Marblehead Neck, MA.
80.125  Marblehead Neck, MA to Nahant, MA.
80.130  Boston Harbor entrance.
80.135  Hull, MA to Race Point, MA.
80.145  Race Point, MA to Watch Hill, RI.
80.150  Block Island, RI.
80.155  Watch Hill, RI to Montauk Point, NY.
80.160  Montauk Point, NY to Atlantic Beach, NY.

80.165  New York Harbor.

80.170  Sandy Hook, NJ to Tom's River, NJ.

                             fifth district

80.501  Tom's River, NJ to Cape May, NJ.
80.503  Delaware Bay.
80.505  Cape Henlopen, DL to Cape Charles, VA.
80.510  Chesapeake Bay Entrance, VA.

80.515  Cape Henry, VA to Cape Hatteras, NC.
80.520  Cape Hatteras, NC to Cape Lookout, NC.
80.525  Cape Lookout, NC to Cape Fear, NC.

80.530  Cape Fear, NC to New River Inlet, NC.

                            seventh district

80.703  Little River Inlet, SC to Cape Romain, SC.

80.707  Cape Romain, SC to Sullivans Island, SC.
80.710  Charleston Harbor, SC.
80.712  Morris Island, SC to Hilton Head Island, SC.

80.715  Savannah River.

80.717  Tybee Island, GA to St. Simons Island, GA.

80.720  St. Simons Island, GA to Amelia Island, FL.

80.723  Amelia Island, FL to Cape Canaveral, FL.
80.727  Cape Canaveral, FL to Miami Beach, FL.

80.730  Miami Harbor, FL.
80.735  Miami, FL to Long Key, FL.

                     Puerto Rico and Virgin Islands

                            seventh district

80.738  Puerto Rico and Virgin Islands.

                               Gulf Coast

                            seventh district

80.740  Long Key, FL to Cape Sable, FL.

80.745  Cape Sable, FL to Cape Romano, FL.

80.748  Cape Romano, FL to Sanibel Island, FL.
80.750  Sanibel Island, FL to St. Petersburg, FL.
80.753  St. Petersburg, FL to Anclote, FL.
80.755  Anclote, FL to the Suncoast Keys, FL.
80.757  Suncoast Keys, FL to Horseshoe Point, FL.
80.760  Horseshoe Point, FL to Rock Island, FL.

                             eighth district

80.805  Rock Island, FL to Cape San Blas, FL.

80.810  Cape San Blas, FL to Perdido Bay, FL.

80.815  Mobile Bay, AL to the Chandeleur Islands, LA.

80.825  Mississippi Passes, LA.

80.830  Mississippi Passes, LA to Point Au Fer, LA.

80.835  Point Au Fer, LA to Calcasieu Pass, LA.

80.840  Sabine Pass, TX to Galveston, TX.

80.845  Galveston, TX to Freeport, TX.

80.850  Brazos River, TX to the Rio Grande, TX.

                              Pacific Coast

                            eleventh district

80.1102  Santa Catalina Island, CA.
80.1104  San Diego Harbor, CA.
80.1106  Mission Bay, CA.
80.1108  Oceanside Harbor, CA.
80.1110  Dana Point Harbor, CA.
80.1112  Newport Bay, CA.
80.1114  San Pedro Bay--Anaheim Bay, CA.
80.1116  Redondo Harbor, CA.
80.1118  Marina Del Rey, CA.
80.1120  Port Hueneme, CA.
80.1122  Channel Islands Harbor, CA.
80.1124  Ventura Marina, CA.
80.1126  Santa Barbara Harbor, CA.
80.1130  San Luis Obispo Bay, CA.

[[Page 170]]

80.1132  Estero--Morro Bay, CA.
80.1134  Monterey Harbor, CA.
80.1136  Moss Landing Harbor, CA.
80.1138  Santa Cruz Harbor, CA.
80.1140  Pillar Point Harbor, CA.
80.1142  San Francisco Harbor, CA.
80.1144  Bodega and Tomales Bay, CA.
80.1146  Albion River, CA.
80.1148  Noyo River, CA.
80.1150  Arcato--Humboldt Bay, CA.
80.1152  Crescent City Harbor, CA.

                           thirteenth district

80.1305  Chetco River, OR.
80.1310  Rogue River, OR.
80.1315  Coquille River, OR.
80.1320  Coos Bay, OR.
80.1325  Umpqua River, OR.
80.1330  Siuslaw River, OR.
80.1335  Alsea Bay, OR.
80.1340  Yaquina Bay, OR.
80.1345  Depoe Bay, OR.
80.1350  Netarts Bay, OR.
80.1355  Tillamook Bay, OR.
80.1360  Nehalem River, OR.
80.1365  Columbia River Entrance, OR/WA.
80.1370  Willapa Bay, WA.
80.1375  Grays Harbor, WA.
80.1380  Quillayute River, WA.
80.1385  Strait of Juan de Fuca
80.1390  Haro Strait and Strait of Georgia
80.1395  Puqet Sound and adjacent waters.

                             Pacific Islands

                           fourteenth district

80.1410  Hawaiian Island Exemption from General Rule.
80.1420  Mamala Bay, Oahu, HI.
80.1430  Kaneohe Bay, Oahu, HI.
80.1440  Port Allen, Kauai, HI.
80.1450  Nawiliwili Harbor, Kauai, HI.
80.1460  Kahului Harbor, Maui, HI.
80.1470  Kawaihae Harbor, Hawaii, HI.
80.1480  Hilo Harbor, Hawaii, HI.
80.1490  Apra Harbor, U.S. Territory of Guam.
80.1495  U.S. Pacific Island Possessions.

                                 Alaska

                          seventeenth district

80.1705  Alaska.

    Authority: 14 U.S.C. 2; 14 U.S.C. 633; 33 U.S.C. 151(a); 49 CFR 
1.46.

    Source: CGD 77-118a, 42 FR 35784, July 11, 1977, unless otherwise 
noted. Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981.

                                 General



Sec. 80.01  General basis and purpose of demarcation lines.

    (a) The regulations in this part establish the lines of demarcation 
delineating those waters upon which mariners shall comply with the 
International Regulations for Preventing Collisions at Sea, 1972 (72 
COLREGS) and those water upon which mariners shall comply with the 
Inland Navigation Rules.
    (b) The waters inside of the lines are Inland Rules waters. The 
waters outside the lines are COLREGS waters.
    (c) Geographic coordinates expressed in terms of latitude or 
longitude, or both, are not intended for plotting on maps or charts 
whose referenced horizontal datum is the North American Datum of 1983 
(NAD 83), unless such geographic coordinates are expressly labeled NAD 
83. Geographic coordinates without the NAD 83 reference may be plotted 
on maps or charts referenced to NAD 83 only after application of the 
appropriate corrections that are published on the particular map or 
chart being used.

[CGD 82-029, 47 FR 19519, May 6, 1982, as amended by CGD 83-003, 48 FR 
7442, Feb. 18, 1983; CGD 86-082, 52 FR 33810, Sept. 8, 1987]

                             Atlantic Coast

                             first district



Sec. 80.105  Calais, ME to Cape Small, ME.

    The 72 COLREGS shall apply on the harbors, bays, and inlets on the 
east coast of Maine from International Bridge at Calais, ME to the 
southwesternmost extremity of Bald Head at Cape Small.



Sec. 80.110  Casco Bay, ME.

    (a) A line drawn from the southwesternmost extremity of Bald Head at 
Cape Small to the southeasternmost extremity of Ragged Island; thence to 
the southern tangent of Jaquish Island thence to Little Mark Island 
Monument Light; thence to the northernmost extremity of Jewell Island.
    (b) A line drawn from the tower on Jewell Island charted in 
approximate position latitude 43 deg.40.6' N. longitude 70 deg.05.9' W. 
to the northeasternmost extremity of Outer Green Island.
    (c) A Line drawn from the southwesternmost extremity of Outer Green 
Island to Ram Island Ledge Light; thence to Portland Head Light.

[[Page 171]]



Sec. 80.115  Portland Head, ME to Cape Ann, MA.

    (a) Except inside lines specifically described in this section, the 
72 COLREGS shall apply on the harbors, bays, and inlets on the east 
coast of Maine, New Hampshire, and Massachusetts from Portland Head to 
Halibut Point at Cape Ann.
    (b) A line drawn from the southernmost tower on Gerrish Island 
charted in approximate position latitude 43 deg.04.0' N. longitude 
70 deg.41.2' W. to Whaleback Light; thence to Jaffrey Point Light 2A; 
thence to the northeasternmost extremity of Frost Point.
    (c) A line drawn from the northernmost extremity of Farm Point to 
Annisquam Harbor Light.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6, 
1986]



Sec. 80.120  Cape Ann, MA to Marblehead Neck, MA.

    (a) Except inside lines specifically described in this section, the 
72 COLREGS shall apply on the harbors, bays and inlets on the east coast 
of Massachusetts from Halibut Point at Cape Ann to Marblehead Neck.
    (b) A line drawn from Gloucester Harbor Breakwater Light to the twin 
towers charted in approximate position latitude 42 deg.35.1' N. 
longitude 70 deg.41.6' W.
    (c) A line drawn from the westernmost extremity of Gales Point to 
the easternmost extremity of House Island; thence to Bakers Island 
Light; thence to Marblehead Light.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. 
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981]



Sec. 80.125  Marblehead Neck, MA to Nahant, MA.

    The 72 COLREGS apply on the harbors, bays, and inlets on the east 
coast of Massachusetts from Marblehead Neck to the easternmost tower at 
Nahant, charted in approximate position latitude 42 deg.25.4' N., 
longitude 70 deg.54.6' W.

[CGD 79-066, 45 FR 15176, Mar. 10, 1980. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981]



Sec. 80.130  Boston Harbor entrance.

    A line drawn from the easternmost tower at Nahant, charted in 
approximate position latitude 42 deg.25.4' N., longitude 70 deg.54.6' 
W., to Boston Lighted Horn Buoy ``B''; thence to the esternmost radio 
tower at Hull, charted in approximate position latitude 42 deg.16.7' N., 
longitude 70 deg.52.6' W.

[CGD 79-066, 45 FR 15176, Mar. 10, 1980. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981]



Sec. 80.135  Hull, MA to Race Point, MA.

    (a) Except inside lines described in this section, the 72 COLREGS 
apply on the harbors, bays, and inlets on the east coast of 
Massachusetts from the easternmost radio tower at Hull, charted in 
approximate position latitude 42 deg.16.7' N., longitude 70 deg.52.6' 
W., to Race Point on Cape Cod.
    (b) A line drawn from Canal Breakwater Light 4 south to the 
shoreline.

[CGD 77-118a, 42 FR 35784, July 11, 1977, as amended by CGD 79-066, 45 
FR 15176, Mar. 10, 1980. Redesignated by CGD 81-017, 46 FR 28154, May 
26, 1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6, 1986]



Sec. 80.145  Race Point, MA, to Watch Hill, RI.

    (a) Except inside lines specifically described in this section, the 
72 COLREGS shall apply on the sounds, bays, harbors, and inlets along 
the coast of Cape Cod and the southern coasts of Massachusetts and Rhode 
Island from Race Point to Watch Hill.
    (b) A line drawn from Nobska Point Light to Tarpaulin Cove Light on 
the southeastern side of Naushon Island; thence from the southernmost 
tangent of Naushon Island to the easternmost extremity of Nashawena 
Island; thence from the southwestern most extremity of Nashawena Island 
to the easternmost extremity of Cuttyhunk Island; thence from the 
southwestern tangent of Cuttyhunk Island to the tower on Gooseberry Neck 
charted in approximate position latitude 41 deg.29.1' N. longitude 
71 deg.02.3' W.
    (c) A line drawn from Sakonnet Breakwater Light 2 tangent to the 
southernmost part of Sachuest Point charted in approximate position 
latitude 41 deg.28.5' N. longitude 71 deg.14.8' W.

[[Page 172]]

    (d) An east-west line drawn through Beavertail Light between Brenton 
Point and the Boston Neck shoreline.

[CGD 77-118a, 42 FR 35784, July 11, 1977, as amended by CGD 79-036, 44 
FR 22458, Apr. 16, 1979. Redesignated by CGD 81-017, 46 FR 28154, May 
26, 1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6, 1986]



Sec. 80.150  Block Island, RI.

    The 72 COLREGS shall apply on the harbors of Block Island.



Sec. 80.155  Watch Hill, RI to Montauk Point, NY.

    (a) A line drawn from Watch Hill Light to East Point on Fishers 
Island.
    (b) A line drawn from Race Point to Race Rock Light; thence to 
Little Gull Island Light thence to East Point on Plum Island.
    (c) A line drawn from Plum Island Harbor East Dolphin Light to Plum 
Island Harbor West Dolphin Light.
    (d) A line drawn from Plum Island Light to Orient Point Light; 
thence to Orient Point.
    (e) A line drawn from the lighthouse ruins at the southwestern end 
of Long Beach Point to Cornelius Point.
    (f) A line drawn from Coecles Harbor Entrance Light to Sungic Point.
    (g) A line drawn from Nichols Point to Cedar Island Light.
    (h) A line drawn from Threemile Harbor West Breakwater Light to 
Threemile Harbor East Breakwater Light.
    (i) A line drawn from Montauk West Jetty Light 1 to Montauk East 
Jetty Light 2.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. 
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981, and amended by 
CGD 84-091, 51 FR 7786, Mar. 6, 1986. Redesignated by CGD 87-008b, 52 FR 
25218, July 6, 1987]



Sec. 80.160  Montauk Point, NY to Atlantic Beach, NY.

    (a) A line drawn from the Shinnecock Inlet East Breakwater Light to 
Shinnecock Inlet West Breakwater Light 1.
    (b) A line drawn from Moriches Inlet East Breakwater Light to 
Moriches Inlet West Breakwater Light.
    (c) A line drawn from Fire Island Inlet Breakwater Light 348 deg. 
true to the southernmost extremity of the spit of land at the western 
end of Oak Beach.
    (d) A line drawn from Jones Inlet Light 322 deg. true across the 
southwest tangent of the island on the north side of Jones Inlet to the 
shoreline.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. 
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981; CGD 84-091, and 
amended by 51 FR 7786, Mar. 6, 1986. Redesignated by CGD 87-008b, 52 FR 
25218, July 6, 1987]



Sec. 80.165  New York Harbor.

    A line drawn from East Rockaway Inlet Breakwater Light to Sandy Hook 
Light.

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



Sec. 80.170  Sandy Hook, NJ to Tom's River, NJ.

    (a) A line drawn from Shark River Inlet North Breakwater Light 2 to 
Shark River Inlet South Breakwater Light 1.
    (b) A line drawn from Manasquan Inlet North Breakwater Light 4 to 
Manasquan Inlet South Breakwater Light 3.
    (c) A line drawn from Barnegat Inlet North Breakwater Light 4A to 
the seaward extremity of the submerged Barnegat Inlet South Breakwater; 
thence along the submerged breakwater to the shoreline.

[CGD 87-008b, 52 FR 25218, July 6, 1987]

                             fifth district



Sec. 80.501  Tom's River, NJ to Cape May, NJ.

    (a) A line drawn from the seaward tangent of Long Beach Island to 
the seaward tangent to Pullen Island across Beach Haven and Little Egg 
Inlets.
    (b) A line drawn from the seaward tangent of Pullen Island to the 
seaward tangent of Brigantine Island across Brigantine Inlet.
    (c) A line drawn from the seaward extremity of Absecon Inlet.
    (d) A line drawn from the southern-most point of Longport at 
latitude 30 deg.18.2' N. longitude 75 deg.32.2' W. to the 
northeasternmost point of Ocean City

[[Page 173]]

at latitude 39 deg.17.6' N. longitude 74 deg.33.1' W. across Great Egg 
Harbor Inlet. North Jetty to Atlantic City Light.
    (e) A line drawn parallel with the general trend of highwater 
shoreline across Corson Inlet.
    (f) A line formed by the centerline of the Townsend Inlet Highway 
Bridge.
    (g) A line formed by the shoreline of Seven Mile Beach and Hereford 
Inlet Light.
    (h) A line drawn from Cape May Inlet East Jetty Light to Cape May 
Inlet West Jetty Light.

[CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.503  Delaware Bay.

    A line drawn from Cape May Light to Harbor of Refuge Light; thence 
to the northernmost extremity of Cape Henlopen.

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



Sec. 80.505  Cape Henlopen, DL to Cape Charles, VA.

    (a) A line drawn from the seaward extremity of Indian River Inlet 
North Jetty to Indian River Inlet South Jetty Light.
    (b) A line drawn from Ocean City Inlet Light 6, 225 deg. true across 
Ocean City Inlet to the submerged south breakwater.
    (c) A line drawn from Assateague Beach Tower Light to the tower 
charted at latitude 37 deg.52.6' N. longitude 75 deg.26.7' W.
    (d) A line formed by the range of Wachapreague Inlet Light 3 and 
Parramore Beach Lookout Tower drawn across Wachapreague Inlet.
    (e) A line drawn from the lookout tower charted on the northern end 
of Hog Island to the seaward tangent of Parramore Beach.
    (f) A line drawn 207 deg. true from the lookout tower charted on the 
southern end of Hog Island across Great Machipongo Inlet.
    (g) A line formed by the range of the two cupolas charted on the 
southern end of Cobb Island drawn across Sand Shoal Inlet.
    (h) Except as provided elsewhere in this section from Cape Henlopen 
to Cape Charles, lines drawn parallel with the general trend of the 
highwater shoreline across the entrances to small bays and inlets.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6, 
1986]



Sec. 80.510  Chesapeake Bay Entrance, VA.

    A line drawn from Cape Charles Light to Cape Henry Light.



Sec. 80.515  Cape Henry, VA to Cape Hatteras, NC.

    (a) A line drawn from Rudee Inlet Jetty Light 2 to Rudee Inlet Jetty 
Light 1.
    (b) A line formed by the centerline of the highway bridge across 
Oregon Inlet.



Sec. 80.520  Cape Hatteras, NC to Cape Lookout, NC.

    (a) A line drawn from Hatteras Inlet Lookout Tower (30 deg. 11.8' N 
75 deg. 44.9'W) 255 deg. true to the eastern end of Ocracoke Island.
    (b) A line drawn from the westernmost extremity of Ocracoke Island 
at latitude 35 deg.04.0' N. longitude 76 deg.00.8' W. to the 
northeastern extremity of Portsmouth Island at latitude 35 deg.03.7' N. 
longitude 76 deg.02.3' W.
    (c) A line drawn across Drum Inlet parallel with the general trend 
of the highwater shoreline.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 21748, June 16, 
1986]



Sec. 80.525  Cape Lookout, NC to Cape Fear, NC.

    (a) A line drawn from Cape lookout Light to the seaward tangent of 
the southeastern end of Shackleford Banks.
    (b) A line drawn from Morehead City Channel Range Front Light to the 
seaward extremity of the Beaufort Inlet west jetty.
    (c) A line drawn from the southernmost extremity of Bogue Banks at 
latitude 34 deg.38.7' N. longitude 77 deg.06.0' W. across Bogue Inlet to 
the northernmost extremity of Bear Beach at latitude 34 deg.38.5' N. 
longitude 77 deg.07.1' W.
    (d) A line drawn from the southeasternmost extremity on the 
southwest

[[Page 174]]

side of New River Inlet at latitude 34 deg.31.5' N. longitude 
77 deg.20.6' W. to the seaward tangent of the shoreline on the northeast 
side on New River Inlet.
    (e) A line drawn across New Topsail Inlet between the closest 
extremities of the shore on either side of the inlet from latitude 
34 deg.20.8' N. longitude 77 deg.39.2' W. to latitude 34 deg.20.6' N. 
longitude 77 deg.39.6' W.
    (f) A line drawn from the seaward extremity of the jetty on the 
northeast side of Masonboro Inlet to the seaward extremity of the jetty 
on the southeast side of the Inlet.
    (g) Except as provided elsewhere in this section from Cape Lookout 
to Cape Fear, lines drawn parallel with the general trend of the 
highwater shoreline across the entrance of small bays and inlets.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6, 
1986]



Sec. 80.530  Cape Fear, NC to Little River Inlet, NC.

    (a) A line drawn from the abandoned lighthouse charted in 
approximate position latitude 33 deg.52.4' N. longitude 78 deg.00.1' W. 
across the Cape Fear River Entrance to Oak Island Light.
    (b) Except as provided elsewhere in this section from Cape Fear to 
Little River Inlet, lines drawn parallel with the general trend of the 
highwater shoreline across the entrance to small inlets.

                            seventh district



Sec. 80.703  Little River Inlet, SC to Cape Romain, SC.

    (a) A line drawn from the westernmost extremity of the sand spit on 
Bird Island to the easternmost extremity of Waties Island across Little 
River Inlet.
    (b) From Little River Inlet, a line drawn parallel with the general 
trend of the highwater shoreline across Hog Inlet; thence a line drawn 
across the seaward ends of the Murrels Inlet jetties; thence a line 
drawn parallel with the general trend of the highwater shoreline across 
Midway Inlet, Pawleys Inlet, and North Inlet.
    (c) A line drawn from the charted position of Winyah Bay North Jetty 
End Buoy 2N south to the Winyah Bay South Jetty.
    (d) A line drawn from Santee Point to the seaward tangent of Cedar 
Island.
    (e) A line drawn from Cedar Island Point west to Murphy Island.
    (f) A north-south line (longitude 79 deg.20.3' W.) drawn from Murphy 
Island to the northernmost extremity of Cape Island Point.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD 89-068, 55 FR 31831, Aug. 6, 
1990]



Sec. 80.707  Cape Romain, SC to Sullivans Island, SC.

    (a) A line drawn from the western extremity of Cape Romain 292 deg. 
true to Racoon Key on the west side of Racoon Creek.
    (b) A line drawn from the westernmost extremity of Sandy Point 
across Bull Bay to the northernmost extremity of Northeast Point.
    (c) A line drawn from the southernmost extremity of Bull Island to 
the easternmost extremity of Capers Island.
    (d) A line formed by the overhead power cable from Capers Island to 
Dewees Island.
    (e) A line formed by the overhead power cable from Dewees Island to 
Isle of Palms.
    (f) A line formed by the centerline of the highway bridge between 
Isle of Palms and Sullivans Island over Breach Inlet.



Sec. 80.710  Charleston Harbor, SC.

    (a) A line formed by the submerged north jetty from the shore to the 
west end of the north jetty.
    (b) A line drawn from across the seaward extremity of the Charleston 
Harbor Jetties.
    (c) A line drawn from the west end of the South Jetty across the 
South Entrance to Charleston Harbor to shore on a line formed by the 
submerged south jetty.



Sec. 80.712  Morris Island, SC to Hilton Head Island, SC.

    (a) A line drawn from the easternmost tip of Folley Island to the 
abandoned lighthouse tower on the

[[Page 175]]

northside of Lighthouse Inlet; thence west to the shoreline of Morris 
Island.
    (b) A straight line drawn from the seaward tangent of Folly Island 
through Folly River Daybeacon 10 across Stono River to the shoreline of 
Sandy Point.
    (c) A line drawn from the southernmost extremity of Seabrook Island 
257 deg. true across the North Edisto River Entrance to the shore of 
Botany Bay Island.
    (d) A line drawn from the microwave antenna tower on Edisto Beach 
charted in approximate position latitude 32 deg.29.3' N. longitude 
80 deg.19.2' W. across St. Helena Sound to the abandoned lighthouse 
tower on Hunting Island.
    (e) A line formed by the centerline of the highway bridge between 
Hunting Island and Fripp Island.
    (f) A line drawn from the westernmost extremity of Bull Point on 
Capers Island to Port Royal Sound Channel Range Rear Light, latitude 
32 deg.13.7' N. longitude 80 deg.36.0' W.; thence 259 deg. true to the 
easternmost extremity of Hilton Head at latitude 32 deg.13.0' N. 
longitude 80 deg.40.1' W.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6, 
1986]



Sec. 80.715  Savannah River.

    A line drawn from the southernmost tank on Hilton Head Island 
charted in approximate position latitude 32 deg.06.7' N. longitude 
80 deg.49.3' W. to Bloody Point Range Rear Light; thence to Tybee (Range 
Rear) Light.



Sec. 80.717  Tybee Island, GA to St. Simons Island, GA.

    (a) A line drawn from the southernmost extremity of Savannah Beach 
on Tybee Island 255 deg. true across Tybee Inlet to the shore of Little 
Tybee Island south of the entrance to Buck Hammock Creek.
    (b) A straight line drawn from the northeasternmost extremity of 
Wassaw Island 031 deg. true through Tybee River Daybeacon 1 to the shore 
of Little Tybee Island.
    (c) A line drawn approximately parallel with the general trend of 
the highwater shorelines from the seaward tangent of Wassau Island to 
the seaward tangent of Bradley Point on Ossabaw Island.
    (d) A north-south line (longitude 81 deg.8.4' W.) drawn from the 
southernmost extremity of Ossabaw Island to St. Catherines Island.
    (e) A north-south line (longitude 81 deg.10.6' W.) drawn from the 
southernmost extremity of St. Catherines Island to Northeast Point on 
Blackbeard Island.
    (f) A line following the general trend of the seaward highwater 
shoreline across Cabretta Inlet.
    (g) A north-south line (longitude 81 deg.16.9' W.) drawn from the 
south-westernmost point on Sapelo Island to Wolf Island.
    (h) A north-south line (longitude 81 deg.17.1' W.) drawn from the 
south-easternmost point of Wolf Island to the northeasternmost point on 
Little St. Simons Island.
    (i) A line drawn from the northeasternmost extremity of Sea Island 
045 deg. true to Little St. Simons Island.
    (j) An east-west line from the southernmost extremity of Sea Island 
across Goulds Inlet to St. Simons Island.



Sec. 80.720  St. Simons Island, GA to Amelia Island, FL.

    (a) A line drawn from St. Simons Light to the northernmost tank on 
Jekyll Island charted in approximate position latitude 31 deg.05.9' N. 
longitude 81 deg.24.5' W.
    (b) A line drawn from the southernmost tank on Jekyll Island charted 
in approximate position latitude 31 deg.01.6' N. longitude 81 deg.25.2' 
W. to coordinate latitude 30 deg.59.4' N. longitude 81 deg.23.7' W. (0.5 
nautical mile east of the charted position of St. Andrew Sound Lighted 
Buoy 32); thence to the abandoned lighthouse tower on the north end of 
Little Cumberland Island charted in approximate position latitude 
30 deg.58.5' N. longitude 81 deg.24.8' W.
    (c) A line drawn across the seaward extremity of the St. Marys River 
Entrance Jetties.



Sec. 80.723  Amelia Island, FL to Cape Canaveral, FL.

    (a) A line drawn from the southernmost extremity of Amelia Island to 
the northeasternmost extremity of Little Talbot Island.

[[Page 176]]

    (b) A line formed by the centerline of the highway bridge from 
Little Talbot Island to Fort George Island.
    (c) A line drawn across the seaward extremity of the St. Johns River 
Entrance Jetties.
    (d) A line drawn across the seaward extremity of the St. Augustine 
Inlet Jetties.
    (e) A line formed by the centerline of the highway bridge over 
Matanzas Inlet.
    (f) A line drawn across the seaward extremity of the Ponce de Leon 
Inlet Jetties.



Sec. 80.727  Cape Canaveral, FL to Miami Beach, FL.

    (a) A line drawn across the seaward extremity of the Port Canaveral 
Entrance Channel Jetties.
    (b) A line drawn across the seaward extremity of the Sebastian Inlet 
Jetties.
    (c) A line drawn across the seaward extremity of the Fort Pierce 
Inlet Jetties.
    (d) A north-south line (longitude 80 deg.09.7' W.) drawn across St. 
Lucie Inlet.
    (e) A line drawn from the seaward extremity of Jupiter Inlet North 
Jetty to the northeast extremity of the concrete apron on the south side 
of Jupiter Inlet.
    (f) A line drawn across the seaward extremity of the Lake Worth 
Inlet Jetties.
    (g) A line drawn across the seaward extremity of the Boynton Inlet 
Jetties.
    (h) A line drawn from Boca Raton Inlet North Jetty Light 2 to Boca 
Raton Inlet South Jetty Light 1.
    (i) A line drawn from Hillsboro Inlet Light to Hillsboro Inlet 
Entrance Light 2; thence to Hillsboro Inlet Entrance Light 1; thence 
west to the shoreline.
    (j) A line drawn across the seaward extremity of the Port Everglades 
Entrance Jetties.
    (k) A line formed by the centerline of the highway bridge over 
Bakers Haulover Inlet.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6, 
1986]



Sec. 80.730  Miami Harbor, FL.

    A line drawn across the seaward extremity of the Miami Harbor 
Government Cut Jetties.



Sec. 80.735  Miami, FL to Long Key, FL.

    (a) A line drawn from the southernmost extremity of Fisher Island 
212 deg. true to the point latitude 25 deg.45.0' N. longitude 
80 deg.08.6' W. on Virginia Key.
    (b) A line formed by the centerline of the highway bridge between 
Virginia Key and Key Biscayne.
    (c) A line drawn from Cape Florida Light to the northernmost 
extremity on Soldier Key.
    (d) A line drawn from the southernmost extremity on Soldier Key to 
the northernmost extremity of the Ragged Keys.
    (e) A line drawn from the Ragged Keys to the southernmost extremity 
of Angelfish Key following the general trend of the seaward shoreline.
    (f) A line drawn on the centerline of the Overseas Highway (U.S. 1) 
and bridges from latitude 25 deg.19.3' N. longitude 80 deg.16.0' W. at 
Little Angelfish Creek to the radar dome charted on Long Key at 
approximate position latitude 24 deg.49.3' N. longitude 80 deg.49.2' W.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. 
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981, as amended by CGD 
84-091, 51 FR 7786, Mar. 6, 1986; 51 FR 21748, June 16, 1986; CGD 89-
068, 55 FR 31831, Aug. 6, 1990]

                     Puerto Rico and Virgin Islands

                            seventh district



Sec. 80.738  Puerto Rico and Virgin Islands.

    (a) Except inside lines specifically described in this section, the 
72 COLREGS shall apply on all other

[[Page 177]]

bays, harbors and lagoons of Puerto Rico and the U.S. Virgin Islands.
    (b) A line drawn from Puerto San Juan Light to Cabras Light across 
the entrance of San Juan Harbor.

                               Gulf Coast

                            seventh district



Sec. 80.740  Long Key, FL to Cape Sable, FL.

    A line drawn from the microwave tower charted on Long Key at 
approximate position latitude 24 deg.48.8' N. longitude 80 deg.49.6' W. 
to Long Key Light 1; thence to Arsenic Bank Light 2; thence to Sprigger 
Bank Light 5; thence to Schooner Bank Light 6; thence to Oxfoot Bank 
Light 10; thence to East Cape Light 2; thence through East Cape 
Daybeacon 1A to the shoreline at East Cape.

[CGD 84-091, 51 FR 21748, June 16, 1986]



Sec. 80.745  Cape Sable, FL to Cape Romano, FL.

    (a) A line drawn following the general trend of the mainland, 
highwater shoreline from Cape Sable at East Cape to Little Shark River 
Light 1; thence to westernmost extremity of Shark Point; thence 
following the general trend of the mainland, highwater shoreline 
crossing the entrances of Harney River, Broad Creek, Broad River, 
Rodgers River First Bay, Chatham River, Huston River, to the shoreline 
at coordinate latitude 25 deg.41.8' N. longitude 81 deg.17.9' W.
    (b) The 72 COLREGS shall apply to the waters surrounding the Ten 
Thousand Islands and the bays, creeks, inlets, and rivers between 
Chatham Bend and Marco Island except inside lines specifically described 
in this part.
    (c) A north-south line drawn at longitude 81 deg.20.2' W. across the 
entrance to Lopez River.
    (d) A line drawn across the entrance to Turner River parallel to the 
general trend of the shoreline.
    (e) A line formed by the centerline of Highway 92 Bridge at 
Goodland.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7786, Mar. 6, 
1986]



Sec. 80.748  Cape Romano, FL to Sanibel Island, FL.

    (a) A line drawn across Big Marco Pass parallel to the general trend 
of the seaward, highwater shoreline.
    (b) A line drawn from the northwesternmost extremity of Coconut 
Island 000 deg.T across Capri Pass.
    (c) Lines drawn across Hurricane and Little Marco Passes parallel to 
the general trend of the seaward, highwater shoreline.
    (d) A line from the seaward extremity of Gordon Pass South Jetty 
014 deg. true to the shoreline at approximate coordinate latitude 
26 deg.05.7' N. longitude 81 deg.48.1' W.
    (e) A line drawn across the seaward extremity of Doctors Pass 
Jetties.
    (f) Lines drawn across Wiggins, Big Hickory, New, and Big Carlos 
Passes parallel to the general trend of the seaward highwater shoreland.
    (g) A straight line drawn from Sanibel Island Light through Matanzas 
Pass Channel Light 2 to the shore of Estero Island.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977, as 
amended by CGD 78-052, 44 FR 69298, Dec. 3, 1979. Redesignated by CGD 
81-017, 46 FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7786, 
Mar. 6, 1986]



Sec. 80.750  Sanibel Island, FL to St. Petersburg, FL.

    (a) A line formed by the centerline of the highway bridge over Blind 
Pass, between Captiva Island and Sanibel Island, and lines drawn across 
Redfish and Captiva Passes parallel to the general trend of the seaward, 
highwater shorelines.
    (b) A line drawn from La Costa Test Pile North Light to Port Boca 
Grande Light.
    (c) Lines drawn across Gasparilla and Stump Passes parallel to the 
general trend of the seaward, highwater shorelines.
    (d) A line across the seaward extremity of Venice Inlet Jetties.
    (e) A line drawn across Midnight Pass parallel to the general trend 
of the seaward, highwater shoreline.
    (f) A line drawn from Big Sarasota Pass Light 14 to the southernmost 
extremity of Lido Key.

[[Page 178]]

    (g) A line drawn across New Pass tangent to the seaward, highwater 
shoreline of Longboat Key.
    (h) A line drawn across Longboat Pass parallel to the seaward, 
highwater shoreline.
    (i) A line drawn from the northwesternmost extremity of Bean Point 
to the southeasternmost extremity of Egmont Key.
    (j) A straight line drawn from Egmont Key Light through Egmont 
Channel Range Rear Light to the shoreline on Mullet Key.
    (k) A line drawn from the northernmost extremity of Mullet Key 
across Bunces Pass and South Channel to Pass-a-Grille Channel Light 8; 
thence to Pass-a-Grille Channel Daybeacon 9; thence to the 
southwesternmost extremity of Long Key.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. 
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981, as amended by CGD 
84-091, 51 FR 7787, Mar. 6, 1986; CGD 93-071, 58 FR 65668, Dec. 16, 
1993]



Sec. 80.753  St. Petersburg, FL to the Anclote, FL.

    (a) A line drawn across Blind Pass, between Treasure Island and Long 
Key, parallel with the general trend of the seaward, highwater shorline.
    (b) Lines formed by the centerline of the highway bridges over Johns 
and Clearwater Passes.
    (c) A line drawn across Dunedin and Hurricane Passes parallel with 
the general trend of the seaward, highwater shoreline.
    (d) A line drawn from the northernmost extremity of Honeymoon Island 
to Anclote Anchorage South Entrance Light 7; thence to Anclote Key 
28 deg.10.0' N. 82 deg.50.6' W; thence a straight line through Anclote 
River Cut B Range Rear Light to the shoreline.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 21748, June 16, 
1986; CGD 93-071, 58 FR 65668, Dec. 16, 1993]



Sec. 80.755  Anclote, FL to the Suncoast Keys, FL.

    (a) Except inside lines specifically described in this section, the 
72 COLREGS shall apply on the bays, bayous, creeks, marinas, and rivers 
from Anclote to the Suncoast Keys.
    (b) A north-south line drawn at longitude 82 deg.38.3' W. across the 
Chassahowitzka River Entrance.



Sec. 80.757  Suncoast Keys, FL to Horseshoe Point, FL.

    (a) Except inside lines specifically decribed in this section, the 
72 COLREGS shall apply on the bays, bayous, creeks, and marinas from the 
Suncoast Keys to Horseshoe Point.
    (b) A line formed by the centerline of Highway 44 Bridge over the 
Salt River.
    (c) A north-south line drawn through Crystal River Entrance 
Daybeacon 25 across the river entrance.
    (d) A north-south line drawn through the Cross Florida Barge Canal 
Daybeacon 48 across the canal.
    (e) A north-south line drawn through Withlacoochee River Daybeacon 
40 across the river.
    (f) A line drawn from the westernmost extremity of South Point north 
to the shoreline across the Waccasassa River Entrance.
    (g) A line drawn from position latitude 29 deg.16.6' N. longitude 
83 deg.06.7' W. 300 deg. true to the shoreline of Hog Island.
    (h) A north-south line drawn through Suwannee River Wadley Pass 
Channel Daybeacons 30 and 31 across the Suwannee River.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986]



Sec. 80.760  Horeshoe Point, FL to Rock Island, FL.

    (a) Except inside lines specifically described provided in this 
section, the 72 COLREGS shall apply on the bays, bayous, creeks, 
marinas, and rivers from Horseshoe Point to the Rock Islands.
    (b) A north-south line drawn through Steinhatchee River Light 21.
    (c) A line drawn from Fenholloway River Approach Light FR east 
across the entrance to Fenholloway River.

[[Page 179]]

                             eighth district



Sec. 80.805  Rock Island, FL to Cape San Blas, FL.

    (a) A south-north line drawn from the Econfina River Light to the 
opposite shore.
    (b) A line drawn from Gamble Point Light to the southernmost 
extremity of Cabell Point.
    (c) A line drawn from St. Mark's (Range Rear) Light to St. Mark's 
Channel Light 11; thence to the southernmost extremity of Live Oak 
Point; thence in a straight line through Shell Point Light to the 
southernmost extremity of Ochlockonee Point; thence to Bald Point along 
longitude 84 deg.20.5' W.
    (d) A line drawn from the south shore of Southwest Cape at longitude 
84 deg.22.7' W. to Dog Island Reef East Light 1; thence to Turkey Point 
Light 2; thence to the easternmost extremity of Dog Island.
    (e) A line drawn from the westernmost extremity of Dog Island to the 
easternmost extremity of St. George Island.
    (f) A line drawn across the seaward extremity of the St. George 
Island Channel Jetties.
    (g) A line drawn from the northwesternmost extremity of Sand Island 
to West Pass Light 7.
    (h) A line drawn from the westernmost extremity of St. Vincent 
Island to the southeast, highwater shoreline of Indian Peninsula at 
Longitude 85 deg.13.5' W.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986]



Sec. 80.810  Cape San Blas, FL to Perdido Bay, FL.

    (a) A line drawn from St. Joseph Bay Entrance Range A Rear Light 
through St. Joseph Bay Entrance Range B Front Light to St. Joseph Point.
    (b) A line drawn across the mouth of Salt Creek as an extension of 
the general trend of the shoreline to continue across the inlet to St. 
Andrews sound in the middle of Crooked Island.
    (c) A line drawn from the northernmost extremity of Crooked Island 
000 deg. T. to the mainland.
    (d) A line drawn from the easternmost extremity of Shell Island 
120 deg. true to the shoreline across the east entrance to St. Andrews 
Bay.
    (e) A line drawn between the seaward end of the St. Andrews Bay 
Entrance Jetties.
    (f) A line drawn between the seaward end of the Choctawatchee Bay 
Entrance Jetties.
    (g) An east-west line drawn from Fort McRee Leading Light across the 
Pensacola Bay Entrance along latitude 30 deg.19.5' N.
    (h) A line drawn between the seaward end of the Perdido Pass 
Jetties.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986]



Sec. 80.815  Mobile Bay, AL to the Chandeleur Islands, LA.

    (a) A line drawn across the inlets to Little Lagoon as an extension 
of the general trend of the shoreline.
    (b) A line drawn from Mobile Point Light to Dauphin Island Channel 
Light No. 1 to the eastern corner of Fort Gaines at Pelican Point.
    (c) A line drawn from the western-most extremity of Dauphin Island 
to the easternmost extremity of Petit Bois Island.
    (d) A line drawn from Horn Island Pass Entrance Range Front Light on 
Petit Bois Island to the easternmost extremity of Horn Island.
    (e) An east-west line (latitude 30 deg.14.7' N.) drawn between the 
westernmost extremity of Horn Island to the easternmost extremity of 
Ship Island.
    (f) A curved line drawn following the general trend of the seaward, 
highwater shoreline of Ship Island.
    (g) A line drawn from the Ship Island Light to Chandeleur Light; 
thence in a curved line following the general trend of the seaward, 
highwater shorelines of the Chandeleur Islands to the island at latitude 
29 deg.44.1' N., longitude 88 deg.53.0' W.; thence to latitude 
29 deg.26.5' N., longitude 88 deg.55.6' W.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986; CGD 89-068, 55 FR 31831, Aug. 6, 1990; 55 FR 33577, Aug. 14, 1990]

[[Page 180]]



Sec. 80.825  Mississippi Passes, LA.

    (a) A line drawn from latitude 29 deg.26.5' N., longitude 
88 deg.55.6' W. to latitude 29 deg.10.6' N., longitude 88 deg.59.8' W.; 
thence to latitude 29 deg.03.5' N., longitude 89 deg.03.7' W.; thence to 
latitude 28 deg.58.8' N., longitude 89 deg.04.3' W.
    (b) A line drawn from latitude 28 deg.58.8' N., longitude 
89 deg.04.3' W.; to latitude 28 deg.57.3' N., longitude 89 deg.05.3' W.; 
thence to latitude 28 deg.56.95' N., longitude 89 deg.05.6' W.; thence 
to latitude 29 deg.00.4' N., longitude 89 deg.09.8' W.; thence following 
the general trend of the seaward highwater shoreline in a northwesterly 
direction to latitude 29 deg.03.4' N., longitude 89 deg.13.0' W.; thence 
west to latitude 29 deg.03.5' N., longitude 89 deg.15.5' W.; thence 
following the general trend of the seaward highwater shoreline in a 
southwesterly direction to latitude 28 deg.57.7' N., longitude 
89 deg.22.3' W.
    (c) A line drawn from latitude 28 deg.57.7' N., longitude 
89 deg.22.3' W.; to latitude 28 deg.51.4' N., longitude 89 deg.24.5' W.; 
thence to latitude 28 deg.52.65' N., longitude 89 deg.27.1' W.; thence 
to the seaward extremity of the Southwest Pass West Jetty located at 
latitude 28 deg.54.5' N., longitude 89 deg.26.1' W.
    (d) A line drawn from Mississippi River South Pass East Jetty Light 
4 to Mississippi River South Pass West Jetty Light; thence following the 
general trend of the seaward highwater shoreline in a northwesterly 
direction to coordinate latitude 29 deg.03.4' N. longitude 89 deg.13.0' 
W.; thence west to coordinate latitude 29 deg.03.5' N., longitude 
89 deg.15.5' W., thence following the general trend of the seaward, 
highwater shoreline in a southwesterly direction to Mississippi River 
Southwest Pass Entrance Light.
    (e) A line drawn from Mississippi River Southwest Pass Entrance 
Light; thence to the seaward extremity of the Southwest Pass West Jetty 
located at coordinate latitude 28 deg.54.5' N. longitude 89 deg.26.1' W.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986; CGD 89-068, 55 FR 31831, Aug. 6, 1990]



Sec. 80.830  Mississippi Passes, LA to Point Au Fer, LA.

    (a) A line drawn from the seaward extremity of the Southwest Pass 
West Jetty located at coordinate latitude 28 deg.54.5' N. longitude 
89 deg.26.1' W.; thence following the general trend of the seaward, 
highwater jetty and shoreline in a north, northeasterly direction to Old 
Tower latitude 28 deg.58.8' N. longitude 89 deg.23.3' W.; thence to West 
Bay light; thence to coordinate latitude 29 deg.05.2' N. longitude 
89 deg.24.3' W.; thence a curved line following the general trend of the 
highwater shoreline to Point Au Fer Island except as otherwise described 
in this section.
    (b) A line drawn across the seaward extremity of the Empire Waterway 
(Bayou Fontanelle) entrance jetties.
    (c) An east-west line drawn from the westernmost extremity of Grand 
Terre Islands in the direction of 194 deg. true to the Grand Isle 
Fishing Jetty Light.
    (d) A line drawn between the seaward extremity of the Belle Pass 
Jetties.
    (e) A line drawn from the westernmost extremity of the Timbalier 
Island to the easternmost extremity of Isles Dernieres.
    (f) A south-north line drawn from Caillou Bay Light 13 across 
Caillou Boca.
    (g) A line drawn 107 deg. true from Caillou Bay Boat Landing Light 
across the entrances to Grand Bayou du Large and Bayou Grand Caillou.
    (h) A line drawn on an axis of 103 deg. true through Taylors Bayou 
Entrance Light 2 across the entrances to Jack Stout Bayou, Taylors 
Bayou, Pelican Pass, and Bayou de West.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986]



Sec. 80.835  Point Au Fer, LA to Calcasieu Pass, LA.

    (a) A line drawn from Point Au Fer to Atchafalaya Channel Light 34, 
to Point Au Fer Reef Light 33; thence to Atchafalaya Bay Pipeline Light 
D latitude 29 deg.25.0' N. longitude 91 deg.31.7' W.; thence to 
Atchafalaya Bay Light 1 latitude 29 deg.25.3' N. longitude 91 deg.35.8' 
W.; thence to South Point.
    (b) Lines following the general trend of the highwater shoreline 
drawn

[[Page 181]]

across the bayou and canal inlets from the Gulf of Mexico between South 
Point and Calcasieu Pass except as otherwise described in this section.
    (c) A line drawn on an axis of 140 deg. true through Southwest Pass 
Vermillion Bay Light 4 across Southwest Pass.
    (d) A line drawn across the seaward extremity of the Freshwater 
Bayou Canal Entrance Jetties.
    (e) A line drawn from Mermentau Channel East Jetty Light 6 to 
Mermentau Channel West Jetty Light 7.
    (f) A line drawn from the radio tower charted in approximate 
position latitude 29 deg.45.7' N. longitude 93 deg.06.3' W. 115 deg. 
true across Mermentau Pass.
    (g) A line drawn across the seaward extremity of the Calcasieu Pass 
Jetties.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986]



Sec. 80.840  Sabine Pass, TX to Galveston, TX.

    (a) A line drawn from the Sabine Pass East Jetty Light to the 
seaward end of the Sabine Pass West Jetty.
    (b) Lines drawn across the small boat passes through the Sabine Pass 
East and West Jetties.
    (c) A line formed by the centerline of the highway bridge over 
Rollover Pass at Gilchrist.



Sec. 80.845  Galveston, TX to Freeport, TX.

    (a) A line drawn from Galveston North Jetty Light 6A to Galveston 
South Jetty Light 5A.
    (b) A line formed by the centerline of the highway bridge over San 
Luis Pass.
    (c) Lines formed by the centerlines of the highway bridges over the 
inlets to Christmas Bay (Cedar Cut) and Drum Bay.
    (d) A line drawn from the seaward extremity of the Freeport North 
Jetty to Freeport Entrance Light 6; thence Freeport Entrance Light 7; 
thence the seaward extremity of Freeport South Jetty.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986]



Sec. 80.850  Brazos River, TX to the Rio Grande, TX.

    (a) Except as otherwise described in this section lines drawn 
continuing the general trend of the seaward, highwater shorelines across 
the inlets to Brazos River Diversion Channel, San Bernard River, Cedar 
Lakes, Brown Cedar Cut, Colorado River, Matagorda Bay, Cedar Bayou, 
Corpus Christi Bay, and Laguna Madre.
    (b) A line drawn across the seaward extremity of Matagorda Ship 
Channel North Jetties.
    (c) A line drawn from the seaward tangent of Matagorda Peninsula at 
Decros Point to Matagorda Light.
    (d) A line drawn across the seaward extremity of the Aransas Pass 
Jetties.
    (e) A line drawn across the seaward extremity of the Port Mansfield 
Entrance Jetties.
    (f) A line drawn across the seaward extremity of the Brazos Santiago 
Pass Jetties.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986]

                              Pacific Coast

                            eleventh district



Sec. 80.1102  Santa Catalina Island, CA.

    The 72 COLREGS shall apply to the harbors on Santa Catalina Island.

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



Sec. 80.1104  San Diego Harbor, CA.

    A line drawn from Zuniga Jetty Light ``V'' to Zuniga Jetty Light 
``Z''; thence to Point Loma Light.

[CGD 84-091, 51 FR 7787, Mar. 6, 1986. Redesignated by CGD 87-008b, 52 
FR 25218, July 6, 1987]



Sec. 80.1106  Mission Bay, CA.

    A line drawn from Mission Bay South Jetty Light 2 to Mission Bay 
North Jetty Light 1.

[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]

[[Page 182]]



Sec. 80.1108  Oceanside Harbor, CA.

    A line drawn from Oceanside South Jetty Light 4 to Oceanside 
Breakwater Light 3.

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



Sec. 80.1110  Dana Point Harbor, CA.

    A line drawn from Dana Point Jetty Light 6 to Dana Point Breakwater 
Light 5.

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



Sec. 80.1112  Newport Bay, CA.

    A line drawn from Newport Bay East Jetty Light 4 to Newport Bay West 
Jetty Light 3.

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



Sec. 80.1114  San Pedro Bay--Anaheim Bay, CA.

    (a) A line drawn across the seaward extremities of the Anaheim Bay 
Entrance Jetties; thence to Long Beach Breakwater East End Light 1.
    (b) A line drawn from Long Beach Channel Entrance Light 2 to Long 
Beach Light.
    (c) A line drawn from Los Angeles Main Entrance Channel Light 2 to 
Los Angeles Light.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 
1986. Further redesignated by CGD 87-008b, 52 FR 25218, July 6, 1987]



Sec. 80.1116  Redondo Harbor, CA.

    A line drawn from Redondo Beach East Jetty Light 2 to Redondo Beach 
West Jetty Light 3.

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



Sec. 80.1118  Marina Del Rey, CA.

    (a) A line drawn from Marina Del Rey Breakwater South Light 1 to 
Marina Del Rey Light 4.
    (b) A line drawn from Marina Del Rey Breakwater North Light 2 to 
Marina Del Rey Light 3.
    (c) A line drawn from Marina Del Rey Light 4 to the seaward 
extremity of the Ballona Creek South Jetty.

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



Sec. 80.1120  Port Hueneme, CA.

    (a) A line drawn from Port Hueneme East Jetty Light 4 to Port 
Hueneme West Jetty Light 3.

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



Sec. 80.1122  Channel Islands Harbor, CA.

    (a) A line drawn from Channel Islands Harbor South Jetty Light 2 to 
Channel Islands Harbor Breakwater South Light 1.
    (b) A line drawn from Channel Islands Harbor Breakwater North Light 
to Channel Islands Harbor North Jetty Light 5.

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



Sec. 80.1124  Ventura Marina, CA.

    A line drawn from Ventura Marina South Jetty Light 6 to Ventura 
Marina Breakwater South Light 3; thence to Ventura Marina North Jetty 
Light 7.

[CGD 84-091, 51 FR 7787, Mar. 6, 1986. Redesignated by CGD 87-008b, 52 
FR 25218, July 6, 1987]



Sec. 80.1126  Santa Barbara Harbor, CA.

    A line drawn from Santa Barbara Harbor Light 4 to Santa Barbara 
Harbor Breakwater Light.

[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]

[[Page 183]]



Sec. 80.1130  San Luis Obispo Bay, CA.

    A line drawn from the southernmost extremity of Fossil Point to the 
seaward extremity of Whaler Island Breakwater.

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



Sec. 80.1132  Estero-Morro Bay, CA.

    A line drawn from the seaward extremity of the Morro Bay East 
Breakwater to the Morro Bay West Breakwater Light.

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



Sec. 80.1134  Monterey Harbor, CA.

    A line drawn from Monterey Harbor Light 6 to the northern extremity 
of Monterey Municipal Wharf 2.

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



Sec. 80.1136  Moss Landing Harbor, CA.

    A line drawn from the seaward extremity of the pier located 0.3 mile 
south of Moss Landing Harbor Entrance to the seaward extremity of the 
Moss Landing Harbor North Breakwater.

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



Sec. 80.1138  Santa Cruz Harbor, CA.

    A line drawn from the seaward extremity of the Santa Cruz Harbor 
East Breakwater to Santa Cruz Harbor West Breakwater Light; thence to 
Santa Cruz Light.

[CGD 84-091, 51 FR 21748, June 16, 1986. Redesignated by CGD 87-008b, 52 
FR 25218, July 6, 1987]



Sec. 80.1140  Pillar Point Harbor, CA.

    A line drawn from Pillar Point Harbor Light 6 to Pillar Point Harbor 
Entrance Light.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986. Redesignated by CGD 87-008b, 52 
FR 25218, July 6, 1987]



Sec. 80.1142  San Francisco Harbor, CA.

    A straight line drawn from Point Bonita Light through Mile Rocks 
Light to the shore.

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



Sec. 80.1144  Bodega and Tomales Bay, CA.

    (a) An east-west line drawn from Sand Point to Avalis Beach.
    (b) A line drawn from the seaward extremity of Bodega Harbor North 
Breakwater to Bodega Harbor Entrance Light 1.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. 
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981, and CGD 87-008b, 
52 FR 25218, July 6, 1987]



Sec. 80.1146  Albion River, CA.

    A line drawn on an axis of 030 deg. true through Albion River Light 
1 across Albion Cove.

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



Sec. 80.1148  Noyo River, CA.

    A line drawn from Noyo River Entrance Daybeacon 4 to Noyo River 
Entrance Light 5.

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



Sec. 80.1150  Arcata-Humboldt Bay, CA.

    A line drawn from Humboldt Bay Entrance Light 4 to Humboldt Bay 
Entrance Light 3.

[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]

[[Page 184]]



Sec. 80.1152  Crescent City Harbor, CA.

    A line drawn from Crescent City Entrance Light to the 
southeasternmost extremity of Whaler Island.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986. Redesignated by CGD 87-008b, 52 
FR 25218, July 6, 1987]

                           thirteenth district



Sec. 80.1305  Chetco River, OR.

    A line drawn across the seaward extremities of the Chetco River 
Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec. 80.1310  Rogue River, OR.

    A line drawn across the seaward extremities of the Rogue River 
Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec. 80.1315  Coquille River, OR.

    A line drawn across the seaward extremities of the Coquille River 
Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec. 80.1320  Coos Bay, OR.

    A line drawn across the seaward extremities of the Coos Bay Entrance 
Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec. 80.1325  Umpqua River, OR.

    A line drawn across the seaward extremities of the Umpqua River 
Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec. 80.1330  Siuslaw River, OR.

    A line drawn across the seaward extremities of the Siuslaw River 
Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec. 80.1335  Alsea Bay, OR.

    A line drawn from the seaward shoreline on the north of the Alsea 
Bay Entrance 165 deg. true across the channel entrance.



Sec. 80.1340  Yaquina Bay, OR.

    A line drawn across the seaward extremities of the Yaquina Bay 
Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec. 80.1345  Depoe Bay, OR.

    A line drawn across the Depoe Bay Channel entrance parallel with the 
general trend of the highwater shoreline.



Sec. 80.1350  Netarts Bay, OR.

    A line drawn from the northernmost extremity of the shore on the 
south side of Netarts Bay north to the opposite shoreline.



Sec. 80.1355  Tillamook Bay, OR.

    A line drawn across the seaward extremities of the Tillamook Bay 
Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec. 80.1360  Nehalem River, OR.

    A line drawn approximately parallel with the general trend of the 
highwater shoreline across the Nehalem River Entrance.



Sec. 80.1365  Columbia River Entrance, OR/WA.

    A line drawn from the seaward extremity of the Columbia River North 
Jetty (above water) 155 deg. true to the seaward extremity of the 
Columbia River South Jetty (above water).



Sec. 80.1370  Willapa Bay, WA.

    A line drawn from Willapa Bay Light 169.8 deg. true to the 
westernmost tripod charted 1.6 miles south of Leadbetter Point.

[CGD 89-068, 55 FR 31831, Aug. 6, 1990]



Sec. 80.1375  Grays Harbor, WA.

    A line drawn across the seaward extremities (above water) of the 
Grays Harbor Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]



Sec. 80.1380  Quillayute River, WA.

    A line drawn from the seaward extremity of the Quillayute River 
Entrance East Jetty to the overhead

[[Page 185]]

power cable tower charted on James Island; thence a straight line 
through Quillayute River Entrance Light 3 to the shoreline.



Sec. 80.1385  Strait of Juan de Fuca.

    The 72 COLREGS shall apply on all waters of the Strait of Juan de 
Fuca.

[CGD 81-087, 46 FR 61457, Dec. 17, 1981; 47 FR 3351, Jan. 25, 1982, and 
49 FR 3177, Jan. 26, 1984]



Sec. 80.1390  Haro Strait and Strait of Georgia.

    The 72 COLREGS shall apply on all waters of the Haro Strait and the 
Strait of Georgia.

[CGD 81-087, 46 FR 61457, Dec. 17, 1981; 47 FR 3351, Jan. 25, 1982, and 
49 FR 3177, Jan. 26, 1984]



Sec. 80.1395  Puget Sound and adjacent waters.

    The 72 COLREGS shall apply on all waters of Puget Sound and adjacent 
waters, including Lake Union, Lake Washington, Hood Canal, and all 
tributaries.

[CGD 81-087, 46 FR 61457, Dec. 17, 1981; 47 FR 3351, Jan. 25, 1982, and 
49 FR 3177, Jan. 26, 1984]

                             Pacific Islands

                           fourteenth district



Sec. 80.1410  Hawaiian Island Exemption from General Rule.

    Except as provided elsewhere in this part for Mamala Bay and Kaneohe 
Bay on Oahu; Port Allen and Nawiliwili Bay on Kauai; Kahului Harbor on 
Maui; and Kawailae and Hilo Harbors on Hawaii, the 72 COLREGS shall 
apply on all other bays, harbors, and lagoons of the Hawaiian Island 
(including Midway).



Sec. 80.1420  Mamala Bay, Oahu, HI.

    A line drawn from Barbers Point Light to Diamond Head Light.



Sec. 80.1430  Kaneohe Bay, Oahu, HI.

    A straight line drawn from Pyramid Rock Light across Kaneohe Bay 
through the center of Mokolii Island to the shoreline.



Sec. 80.1440  Port Allen, Kauai, HI.

    A line drawn from Hanapepe Light to Hanapepe Bay Breakwater Light.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. 
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981]



Sec. 80.1450  Nawiliwili Harbor, Kauai, HI.

    A line drawn from Nawiliwili Harbor Breakwater Light to Kukii Point 
Light.



Sec. 80.1460  Kahului Harbor, Maui, HI.

    A line drawn from Kahului Harbor Entrance East Breakwater Light to 
Kahului Harbor Entrance West Breakwater Light.

[CGD 89-068, 55 FR 31832, Aug. 6, 1990]



Sec. 80.1470  Kawaihae Harbor, Hawaii, HI.

    A line drawn from Kawaihae Light to the seaward extremity of the 
Kawaihae South Breakwater.



Sec. 80.1480  Hilo Harbor, Hawaii, HI.

    A line drawn from the seaward extremity of the Hilo Breakwater 
265 deg. true (as an extension of the seaward side of the breakwater) to 
the shoreline 0.2 nautical mile north of Alealea Point.



Sec. 80.1490  Apra Harbor, U.S. Territory of Guam.

    A line drawn from the westernmost extremity of Orote Island to the 
westernmost extremity of Glass Breakwater.



Sec. 80.1495  U.S. Pacific Island Possessions.

    The 72 COLREGS shall apply on the bays, harbors, lagoons, and waters 
surrounding the U.S. Pacific Island Possessions of American Somoa, 
Baker, Canton, Howland, Jarvis, Johnson, Palmyra, Swains and Wake 
Island. (The Trust Territory of the Pacific Islands is not a U.S. 
possession, and therefore Part 80 does not apply thereto.)

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. 
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981]

[[Page 186]]

                                 Alaska

                          seventeenth district



Sec. 80.1705  Alaska.

    The 72 COLREGS shall apply on all the sounds, bays, harbors, and 
inlets of Alaska.

[CGD 79-036, 44 FR 22458, Apr. 16, 1979. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981]



PART 81--72 COLREGS: IMPLEMENTING RULES--Table of Contents




Sec.
81.1  Definitions.
81.3  General.

                         Alternative Compliance

81.5  Application for a Certificate of Alternative Compliance.
81.9  Certificate of Alternative Compliance: Contents.
81.17  Certificate of Alternative Compliance: Termination.
81.18  Notice and record of certification of vessels of special 
          construction or purpose.

                               Exemptions

81.20  Lights and sound signal appliances.

    Authority: 33 U.S.C. 1607; E.O. 11964; 49 CFR 1.46.

    Source: CGD 76-130, 42 FR 17111, Mar. 31, 1977, unless otherwise 
noted. Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981.



Sec. 81.1  Definitions.

    As used in this part:
    72 COLREGS refers to the International Regulations for Preventing 
Collisions at Sea, 1972, done at London, October 20, 1972, as rectified 
by the Proces-Verbal of December 1, 1973, as amended.
    A vessel of special construction or purpose means a vessel designed 
or modified to perform a special function and whose arrangement is 
thereby made relatively inflexible.
    Interference with the special function of the vessel occurs when 
installation or use of lights, shapes, or sound-signaling appliances 
under 72 COLREGS prevents or significantly hinders the operation in 
which the vessel is usually engaged.

[CGD 77-136, 47 FR 13799, Apr. 1, 1982]



Sec. 81.3  General.

    Vessels of special construction or purpose which cannot fully comply 
with the light, shape, and sound signal provisions of 72 COLREGS without 
interfering with their special function may instead meet alternative 
requirements. The Chief of the Marine Safety Division in each Coast 
Guard District Office makes this determination and requires that 
alternative compliance be as close as possible with the 72 COLREGS. 
These regulations set out the procedure by which a vessel may be 
certified for alternative compliance. The information collection and 
recordkeeping requirements in Secs. 81.5 and 81.18 have been approved by 
the Office of Management and Budget under OMB control No. 2115-0073.

[CGD 77-136, 47 FR 13799, Apr. 1, 1982]

                         Alternative Compliance



Sec. 81.5  Application for a Certificate of Alternative Compliance.

    (a) The owner, builder, operator, or agent of a vessel of special 
construction or purpose who believes the vessel cannot fully comply with 
the 72 COLREGS light, shape, or sound signal provisions without 
interference with its special function may apply for a determination 
that alternative compliance is justified. The application must be in 
writing, submitted to the Chief of the Marine Safety Division of the 
Coast Guard District in which the vessel is being built or operated, and 
include the following information:
    (1) The name, address, and telephone number of the applicant.
    (2) The identification of the vessel by its:
    (i) Official number;
    (ii) Shipyard hull number;
    (iii) Hull identification number; or
    (iv) State number, if the vessel does not have an official number or 
hull identification number.
    (3) Vessel name and home port, if known.
    (4) A description of the vessel's area of operation.
    (5) A description of the provision for which the Certificate of 
Alternative Compliance is sought, including:

[[Page 187]]

    (i) The 72 COLREGS Rule or Annex section number for which the 
Certificate of Alternative Compliance is sought;
    (ii) A description of the special function of the vessel that would 
be interfered with by full compliance with the provision of that Rule or 
Annex section; and
    (iii) A statement of how full compliance would interfere with the 
special function of the vessel.
    (6) A description of the alternative installation that is in closest 
possible compliance with the applicable 72 COLREGS Rule or Annex 
section.
    (7) A copy of the vessel's plans or an accurate scale drawing that 
clearly shows:
    (i) The required installation of the equipment under the 72 COLREGS,
    (ii) The proposed installation of the equipment for which 
certification is being sought, and
    (iii) Any obstructions that may interfere with the equipment when 
installed in:
    (A) The required location; and
    (B) The proposed location.
    (b) The Coast Guard may request from the applicant additional 
information concerning the application.

(Approved by the Office of Management and Budget under control number 
2115-0073)

[CGD 77-136, 47 FR 13799, Apr. 1, 1982]



Sec. 81.9  Certificate of Alternative Compliance: Contents.

    The Chief of the Marine Safety Division issues the Certificate of 
Alternative Compliance to the vessel based on a determination that it 
cannot comply fully with 72 COLREGS light, shape, and sound signal 
provisions without interference with its special function. This 
Certificate includes--
    (a) Identification of the vessel as supplied in the application 
under Sec. 81.5(a)(2);
    (b) The provision of the 72 COLREGS for which the Certificate 
authorizes alternative compliance;
    (c) A certification that the vessel is unable to comply fully with 
the 72 COLREGS lights, shape, and sound signal requirements without 
interference with its special function;
    (d) A statement of why full compliance would interfere with the 
special function of the vessel;
    (e) The required alternative installation;
    (f) A statement that the required alternative installation is in the 
closest possible compliance with the 72 COLREGS without interfering with 
the special function of the vessel;
    (g) The date of issuance;
    (h) A statement that the Certificate of Alternative Compliance 
terminates when the vessel ceases to be usually engaged in the operation 
for which the certificate is issued.

[CGD 77-136, 47 FR 13800, Apr. 1, 1982]



Sec. 81.17  Certificate of Alternative Compliance: Termination.

    The Certificate of Alternative Compliance terminates if the 
information supplied under Sec. 81.5(a) or the Certificate issued under 
Sec. 81.9 is no longer applicable to the vessel.

[CGD 77-136, 47 FR 13800, Apr. 1, 1982]



Sec. 81.18  Notice and record of certification of vessels of special construction or purpose.

    (a) In accordance with 33 U.S.C. 1605(c), a notice is published in 
the Federal Register of the following:
    (1) Each Certificate of Alternative Compliance issued under 
Sec. 81.9; and
    (2) Each Coast Guard vessel determined by the Commandant to be a 
vessel of special construction or purpose.
    (b) Copies of Certificate of Alternative Compliance and 
documentation concerning Coast Guard vessels are available for 
inspection at Marine Safety and Environmental Protection, U.S. Coast 
Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-0001.
    (c) The owner or operator of a vessel issued a Certificate shall 
ensure that the vessel does not operate unless the Certificate of 
Alternative Compliance or a certified copy of that Certificate is on 
board the vessel and available for inspection by Coast Guard personnel.

(Approved by the Office of Management and Budget under control number 
2115-0073)

[CGD 77-136, 47 FR 13800, Apr. 1, 1982, as amended by CGD 88-052, 53 FR 
25119, July 1, 1988; CGD 96-026, 61 FR 33663, June 28, 1996]

[[Page 188]]

                               Exemptions



Sec. 81.20  Lights and sound signal appliances.

    Each vessel under the 72 COLREGS, except the vessels of the Navy, is 
exempt from the requirements of the 72 COLREGS to the limitation for the 
period of time stated in Rule 38 (a), (b), (c), (d), (e), (f), and (g) 
if:
    (a) Her keel is laid or is at a corresponding stage of construction 
before July 15, 1977; and
    (b) She meets the International Regulations for Preventing 
Collisions at Sea, 1960 (77 Stat. 194, 33 U.S.C. 1051-1094).

[CGD 76-133, 42 FR 35792, July 11, 1977. Redesignated at CGD 81-017, 46 
FR 28154, May 26, 1981]



PART 82--72 COLREGS: INTERPRETATIVE RULES--Table of Contents




Sec.
82.1  Purpose.
82.3  Pushing vessel and vessel being pushed: Composite unit.

    Authority: 30 Stat. 98 (33 U.S.C. 180); 49 CFR l.46(c)(2); 28 Stat. 
647 (33 U.S.C. 258); 49 CFR 1.46(c)(3); sec. 4233, R.S. (33 U.S.C. 322).



Sec. 82.1  Purpose.

    This part contains the interpretative rules concerning the 72 
COLREGS that are adopted by the Coast Guard for the guidance of the 
public.

[CGD 76-133, 42 FR 35792, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981]



Sec. 82.3  Pushing vessel and vessel being pushed: Composite unit.

    Rule 24(b) of the 72 COLREGS states that when a pushing vessel and a 
vessel being pushed ahead are rigidly connected in a composite unit, 
they are regarded as a power-driven vessel and must exhibit the lights 
under Rule 23. A ``composite unit'' is interpreted to be a pushing 
vessel that is rigidly connected by mechanical means to a vessel being 
pushed so they react to sea and swell as one vessel. ``Mechanical 
means'' does not include the following:
    (a) Lines.
    (b) Hawsers.
    (c) Wires.
    (d) Chains.

[CGD 76-133, 42 FR 35792, July 11, 1977. Redesignated by CGD 81-017, 46 
FR 28154, May 26, 1981]

[[Page 189]]



                  SUBCHAPTER E--INLAND NAVIGATION RULES





PART 84--ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES--Table of Contents




Sec.
84.01  Definitions.
84.03  Vertical positioning and spacing of lights.
84.05  Horizontal positioning and spacing of lights.
84.07  Details of location of direction-indicating lights for fishing 
          vessels, dredgers and vessels engaged in underwater 
          operations.
84.09  Screens.
84.11  Shapes.
84.13  Color specification of lights.
84.15  Intensity of lights.
84.17  Horizontal sectors.
84.19  Vertical sectors.
84.21  Intensity of non-electric lights.
84.23  Maneuvering light.
84.25  Approval. [Reserved]

    Authority: 33 U.S.C. 2071; 49 CFR 1.46.

    Source: CGD 81-008, 46 FR 62447, Dec. 24, 1981, unless otherwise 
noted.



Sec. 84.01  Definitions.

    (a) The term height above the hull means height above the uppermost 
continuous deck. This height shall be measured from the position 
vertically beneath the location of the light.
    (b) The term practical cut-off means, for vessels 20 meters or more 
in length, 12.5 percent of the minimum luminous intensity (Table 
84.15(b)) corresponding to the greatest range of visibility for which 
the requirements of Annex I are met.
    (c) The term Rule or Rules means the Inland Navigation Rules 
contained in sec. 2 of the Inland Navigational Rules Act of 1980 (Pub. 
L. 96-591, 94 Stat. 3415, 33 U.S.C. 2001, December 24, 1980) as amended.



Sec. 84.03  Vertical positioning and spacing of lights.

    (a) On a power-driven vessel of 20 meters or more in length the 
masthead lights shall be placed as follows:
    (1) The forward masthead light, or if only one masthead light is 
carried, then that light, at a height above the hull of not less than 5 
meters, and, if the breadth of the vessel exceeds 5 meters, then at a 
height above the hull not less than such breadth, so however that the 
light need not be placed at a greater height above the hull than 8 
meters;
    (2) When two masthead lights are carried the after one shall be at 
least 2 meters vertically higher than the forward one.
    (b) The vertical separation of the masthead lights of power-driven 
vessels shall be such that in all normal conditions of trim the after 
light will be seen over and separate from the forward light at a 
distance of 1000 meters from the stem when viewed from water level.
    (c) The masthead light of a power-driven vessel of 12 meters but 
less than 20 meters in length shall be placed at a height above the 
gunwale of not less than 2.5 meters.
    (d) The masthead light, or the all-round light described in Rule 
23(c), of a power-driven vessel of less than 12 meters in length shall 
be carried at least one meter higher than the sidelights.
    (e) One of the two or three masthead lights prescribed for a power-
driven vessel when engaged in towing or pushing another vessel shall be 
placed in the same position as either the forward masthead light or the 
after masthead light, provided that the lowest after masthead light 
shall be at least 2 meters vertically higher than the highest forward 
masthead light.
    (f)(1) The masthead light or lights prescribed in Rule 23(a) shall 
be so placed as to be above and clear of all other lights and 
obstructions except as described in paragraph (f)(2) of this section.
    (2) When it is impracticable to carry the all-round lights 
prescribed in Rule 27(b)(i) below the masthead lights, they may be 
carried above the after masthead light(s) or vertically in between the 
forward masthead light(s) and after masthead light(s), provided that in 
the latter case the requirement of Sec. 84.05(d) shall be complied with.
    (g) The sidelights of a power-driven vessel shall be placed at least 
one

[[Page 190]]

meter lower than the forward masthead light. They shall not be so low as 
to be interfered with by deck lights.
    (h) [Reserved]
    (i) When the Rules prescribe two or three lights to be carried in a 
vertical line, they shall be spaced as follows:
    (1) On a vessel of 20 meters in length or more such lights shall be 
spaced not less than 1 meter apart, and the lowest of these lights 
shall, except where a towing light is required, be placed at a height of 
not less than 4 meters above the hull;
    (2) On a vessel of less than 20 meters in length such lights shall 
be spaced not less than 1 meter apart and the lowest of these lights 
shall, except where a towing light is required, be placed at a height of 
not less than 2 meters above the gunwale;
    (3) When three lights are carried they shall be equally spaced.
    (j) The lower of the two all-round lights prescribed for a vessel 
when engaged in fishing shall be a height above the sidelights not less 
than twice the distance between the two vertical lights.
    (k) The forward anchor light prescribed in Rule 30(a)(i), when two 
are carried, shall not be less than 4.5 meters above the after one. On a 
vessel of 50 meters or more in length this forward anchor light shall be 
placed at a height or not less than 6 meters above the hull.

[CGD 81-008, 46 FR 62447, Dec. 24, 1981, as amended by CGD 89-024, 55 FR 
3947, Feb. 6, 1990]



Sec. 84.05  Horizontal positioning and spacing of lights.

    (a) Except as specified in paragraph (b) of this section, when two 
masthead lights are prescribed for a power-driven vessel, the horizontal 
distance between them shall not be less than one quarter of the length 
of the vessel but need not be more than 50 meters. The forward light 
shall be placed not more than one half of the length of the vessel from 
the stem.
    (b) On power-driven vessels 50 meters but less than 60 meters in 
length operated on the Western Rivers, and those waters specified in 
Sec. 89.25, the horizontal distance between masthead lights shall not be 
less than 10 meters.
    (c) On a power-driven vessel of 20 meters or more in length the 
sidelights shall not be placed in front of the forward masthead lights. 
They shall be placed at or near the side of the vessel.
    (d) When the lights prescribed in Rule 27(b)(i) are placed 
vertically between the forward masthead light(s) and the after masthead 
light(s) these all-round lights shall be placed at a horizontal distance 
of not less than 2 meters from the fore and aft centerline of the vessel 
in the athwartship direction.

[CGD 81-008, 46 FR 62447, Dec. 24, 1981, as amended by CGD 88-07, 53 FR 
10533, April 1, 1988]



Sec. 84.07  Details of location of direction-indicating lights for fishing vessels, dredgers and vessels engaged in underwater operations.

    (a) The light indicating the direction of the outlying gear from a 
vessel engaged in fishing as prescribed in Rule 26(c)(ii) shall be 
placed at a horizontal distance of not less than 2 meters and not more 
than 6 meters away from the two all-round red and white lights. This 
light shall be placed not higher than the all-round white light 
prescribed in Rule 26(c)(i) and not lower than the sidelights.
    (b) The lights and shapes on a vessel engaged in dredging or 
underwater operations to indicate the obstructed side and/or the side on 
which it is safe to pass, as prescribed in Rule 27(d)(i) and (ii), shall 
be placed at the maximum practical horizontal distance, but in no case 
less than 2 meters, from the lights or shapes prescribed in Rule 
27(b)(i) and (ii). In no case shall the upper of these lights or shapes 
be at a greater height than the lower of the three lights or shapes 
prescribed in Rule 27(b)(i) and (ii).



Sec. 84.09  Screens.

    (a) The sidelights of vessels of 20 meters or more in length shall 
be fitted with mat black inboard screens and meet the requirements of 
Sec. 84.17. On vessels of less than 20 meters in length, the sidelights, 
if necessary to meet the requirements of Sec. 84.17, shall be fitted 
with mat black inboard screens. With a combined lantern, using a single 
vertical filament and a very narrow division

[[Page 191]]

between the green and red sections, external screens need not be fitted.
    (b) On power-driven vessels less than 12 meters in length 
constructed after July 31, 1983, the masthead light, or the all-round 
light described in Rule 23(c) shall be screened to prevent direct 
illumination of the vessel forward of the operator's position.



Sec. 84.11  Shapes.

    (a) Shapes shall be black and of the following sizes:
    (1) A ball shall have a diameter of not less than 0.6 meter;
    (2) A cone shall have a base diameter of not less than 0.6 meter and 
a height equal to its diameter;
    (3) A diamond shape shall consist of two cones (as defined in 
paragraph (a)(2) of this section) having a common base.
    (b) The vertical distance between shapes shall be at least 1.5 
meter.
    (c) In a vessel of less than 20 meters in length shapes of lesser 
dimensions but commensurate with the size of the vessel may be used and 
the distance apart may be correspondingly reduced.



Sec. 84.13  Color specification of lights.

    (a) The chromaticity of all navigation lights shall conform to the 
following standards, which lie within the boundaries of the area of the 
diagram specified for each color by the International Commission on 
Illumination (CIE), in the ``Colors of Light Signals'', which is 
incorporated by reference. It is Publication CIE No. 2.2. (TC-1.6), 
1975, and is available from the Illumination Engineering Society, 345 
East 47th Street, New York, NY 10017. It is also available for 
inspection at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC. This incorporation by reference 
was approved by the Director of the Federal Register.
    (b) The boundaries of the area for each color are given by 
indicating the corner co-ordinates, which are as follows:
    (1) White:

x 0.525  0.525  0.452  0.310  0.310  0.443
y 0.382  0.440  0.440  0.348  0.283  0.382

    (2) Green:

x 0.028  0.009  0.300  0.203
y 0.385  0.723  0.511  0.356

    (3) Red:

x 0.680  0.660  0.735  0.721
y 0.320  0.320  0.265  0.259

    (4) Yellow:

x 0.612  0.618  0.575  0.575
y 0.382  0.382  0.425  0.406



Sec. 84.15  Intensity of lights.

    (a) The minimum luminous intensity of lights shall be calculated by 
using the formula:

I=3.43 x 106 x T x D2 x K-D

where I is luminous intensity in candelas under service 
conditions,
T is threshold factor 2 x 10-7 lux,
    D is range of visibility (luminous range) of the light in nautical 
miles,
    K is atmospheric transmissivity. For prescribed lights the value of 
K shall be 0.8, corresponding to a meteorological visibility of 
approximately 13 nautical miles.

    (b) A selection of figures derived from the formula is given in 
Table 84.15(b):

                             Table 84.15(b)                             
------------------------------------------------------------------------
                                                               Minimum  
                                                               luminous 
      Range of visibility (luminous range) of light in        intensity 
   nautical miles                           D                of light in
                                                               candelas 
                                                              for K=0.8 
                                                                 I      
------------------------------------------------------------------------
1..........................................................          0.9
2..........................................................          4.3
3..........................................................         12  
4..........................................................         27  
5..........................................................         52  
6..........................................................         94  
------------------------------------------------------------------------



Sec. 84.17  Horizontal sectors.

    (a)(1) In the forward direction, sidelights as fitted on the vessel 
shall show the minimum required intensities. The intensities shall 
decrease to reach practical cut-off between 1 and 3 degrees outside the 
prescribed sectors.
    (2) For sternlights and masthead lights and at 22.5 degrees abaft 
the beam for sidelights, the minimum required intensities shall be 
maintained over the arc of the horizon up to 5 degrees within the limits 
of the sectors prescribed in Rule 21. From 5 degrees within the 
prescribed sectors the intensity may decrease by 50 percent up to the 
prescribed limits; it shall decrease

[[Page 192]]

steadily to reach practical cut-off at not more than 5 degrees outside 
the prescribed sectors.
    (b) All-round lights shall be so located as not to be obscured by 
masts, topmasts or structures within angular sectors of more than 6 
degrees, except anchor lights prescribed in Rule 30, which need not be 
placed at an impracticable height above the hull, and the all-round 
white light described in Rule 23(d), which may not be obscured at all.



Sec. 84.19  Vertical sectors.

    (a) The vertical sectors of electric lights as fitted, with the 
exception of lights on sailing vessels underway and on unmanned barges, 
shall ensure that:
    (1) At least the required minimum intensity is maintained at all 
angles from 5 degrees above to 5 degrees below the horizontal;
    (2) At least 60 percent of the required minimum intensity is 
maintained from 7.5 degrees above to 7.5 degrees below the horizontal.
    (b) In the case of sailing vessels underway the vertical sectors of 
electric lights as fitted shall ensure that:
    (1) At least the required minimum intensity is maintained at all 
angles from 5 degrees above to 5 degrees below the horizontal;
    (2) At least 50 percent of the required minimum intensity is 
maintained from 25 degrees above to 25 degrees below the horizontal.
    (c) In the case of unmanned barges the minimum required intensity of 
electric lights as fitted shall be maintained on the horizontal.
    (d) In the case of lights other than electric lights these 
specifications shall be met as closely as possible

[CGD 81-008, 46 FR 62447, Dec. 24, 1981, as amended by CGD 89-024, 55 FR 
3947, Feb. 6, 1990]



Sec. 84.21  Intensity of non-electric lights.

    Non-electric lights shall so far as practicable comply with the 
minimum intensities, as specified in the Table given in Sec. 84.15.



Sec. 84.23  Maneuvering light.

    Notwithstanding the provisions of Sec. 84.03(f), the maneuvering 
light described in Rule 34(b) shall be placed approximately in the same 
fore and aft vertical plane as the masthead light or lights and, where 
practicable, at a minimum height of one-half meter vertically above the 
forward masthead light, provided that it shall be carried not less than 
one-half meter vertically above or below the after masthead light. On a 
vessel where only one masthead light is carried the maneuvering light, 
if fitted, shall be carried where it can best be seen, not less than 
one-half meter vertically apart from the masthead light.



Sec. 84.25  Approval. [Reserved]



PART 85--ANNEX II: ADDITIONAL SIGNALS FOR FISHING VESSELS FISHING IN CLOSE PROXIMITY--Table of Contents




Sec.
85.1  General.
85.3  Signals for trawlers.
85.5  Signals for purse seiners.

    Authority: Sec. 3, Pub. L. 96-591; 49 CFR 1.46(n)(14).

    Source: CGD 81-006, 46 FR 61845, Dec. 21, 1981, unless otherwise 
noted.



Sec. 85.1  General.

    The lights mentioned herein shall, if exhibited in pursuance of Rule 
26(d), be placed where they can best be seen. They shall be at least 0.9 
meter apart but at a lower level than lights prescribed in Rule 26(b)(i) 
and (c)(i) contained in the Inland Navigational Rules Act of 1980, as 
amended (33 U.S.C. 2001 et seq.). The lights shall be visible all around 
the horizon at a distance of at least 1 mile but at a lesser distance 
from the lights prescribed by these Rules for fishing vessels.



Sec. 85.3  Signals for trawlers.

    (a) Vessels when engaged in trawling, whether using demersal or 
pelagic gear, may exhibit:
    (1) When shooting their nets: two white lights in a vertical line;
    (2) When hauling their nets: one white light over one red light in a 
vertical line;
    (3) When the net has come fast upon an obstruction: two red lights 
in a vertical line.
    (b) Each vessel engaged in pair trawling may exhibit:

[[Page 193]]

    (1) By night, a searchlight directed forward and in the direction of 
the other vessel of the pair;
    (2) When shooting or hauling their nets or when their nets have come 
fast upon an obstruction, the lights prescribed in paragraph (a) of this 
section.



Sec. 85.5  Signals for purse seiners.

    Vessels engaged in fishing with purse seine gear may exhibit two 
yellow lights in a vertical line. These lights shall flash alternately 
every second and with equal light and occultation duration. These lights 
may be exhibited only when the vessel is hampered by its fishing gear.



PART 86--ANNEX III: TECHNICAL DETAILS OF SOUND SIGNAL APPLIANCES--Table of Contents




                           Subpart A--Whistles

Sec.
86.01  Frequencies and range of audibility.
86.03  Limits of fundamental frequencies.
86.05  Sound signal intensity and range of audibility.
86.07  Directional properties.
86.09  Positioning of whistles.
86.11  Fitting of more than one whistle.
86.13  Combined whistle systems.
86.15  Towing vessel whistles.

                         Subpart B--Bell or Gong

86.21  Intensity of signal.
86.23  Construction.

                           Subpart C--Approval

86.31  Approval. [Reserved]

    Authority: Sec. 3, Pub. L. 96-591; 49 CFR 1.46(n)(14).

    Source: CGD 81-009, 46 FR 61848, Dec. 21, 1981, unless otherwise 
noted.



                           Subpart A--Whistles



Sec. 86.01  Frequencies and range of audibility.

    The fundamental frequency of the signal shall lie within the range 
70-525 Hz. The range of audibility of the signal from a whistle shall be 
determined by those frequencies, which may include the fundamental and/
or one or more higher frequencies, which lie within the frequency ranges 
and provide the sound pressure levels specified in Sec. 86.05.



Sec. 86.03  Limits of fundamental frequencies.

    To ensure a wide variety of whistle characteristics, the fundamental 
frequency of a whistle shall be between the following limits:
    (a) 70-200 Hz, for a vessel 200 meters or more in length;
    (b) 130-350 Hz, for a vessel 75 meters but less than 200 meters in 
length;
    (c) 250-525 Hz, for a vessel less than 75 meters in length.



Sec. 86.05  Sound signal intensity and range of audibility.

    A whistle on a vessel shall provide, in the direction of the forward 
axis of the whistle and at a distance of 1 meter from it, a sound 
pressure level in at least one \1/3\-octave band of not less than the 
appropriate figure given in Table 86.05 within the following frequency 
ranges (plus-minus1 percent):
    (a) 130-1200 Hz, for a vessel 75 meters or more in length;
    (b) 250-1600 Hz, for a vessel 20 meters but less than 75 meters in 
length;
    (c) 250-2100 Hz, for a vessel 12 meters but less than 20 meters in 
length.

                                                   Table 86.05                                                  
----------------------------------------------------------------------------------------------------------------
                                                                                            \1/3\-              
                                                                                            octave              
                                                                                          band level            
                                                                Fundamental      For      at 1 meter  Audibility
                  Length of vessel in meters                     frequency     measured      in dB     range in 
                                                                 range (Hz)  frequencies   referred    nautical 
                                                                                 (Hz)     to 2 x 10-     miles  
                                                                                             5N/m2              
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                                ...........  130-180             145            
200 or more...................................................       70-200  180-250             143           2
                                                                             250-1200            140            
                                                                             130-180             140            
75 but less than 200..........................................      130-350  180-250             138         1.5
                                                                             250-1200            134            
                                                                             250-450             130            
20 but less than 75...........................................      250-525  450-800             125         1.0

[[Page 194]]

                                                                                                                
                                                                             800-1600            121            
                                                                             250-450             120            
12 but less than 20...........................................      250-525  450-800             115         0.5
                                                                             800-2100            111            
----------------------------------------------------------------------------------------------------------------
 Note. The range of audibility in the table above is for information and is approximately the range at which a  
  whistle may usually be heard on its forward axis in conditions of still air on board a vessel having average  
  background noise level at the listening posts (taken to be 68 dB in the octave band centered on 250 Hz and 63 
  dB in the octave band centered on 500 Hz).                                                                    
In practice the range at which a whistle may be heard is extremely variable and depends critically on weather   
  conditions; the values given can be regarded as typical but under conditions of strong wind or high ambient   
  noise level at the listening post the range may be much reduced.                                              



Sec. 86.07  Directional properties.

    The sound pressure level of a directional whistle shall be not more 
than 4 dB below the sound pressure level specified in Sec. 86.05 in any 
direction in the horizontal plane within plus-minus45 degrees 
of the forward axis. The sound pressure level of the whistle in any 
other direction in the horizontal plane shall not be more than 10 dB 
less than the sound pressure level specified for the forward axis, so 
that the range of audibility in any direction will be at least half the 
range required on the forward axis. The sound pressure level shall be 
measured in that one-third octave band which determines the audibility 
range.



Sec. 86.09  Positioning of whistles.

    (a) When a directional whistle is to be used as the only whistle on 
the vessel and is permanently installed, it shall be installed with its 
forward axis directed forward.
    (b) A whistle shall be placed as high as practicable on a vessel, in 
order to reduce interception of the emitted sound by obstructions and 
also to minimize hearing damage risk to personnel. The sound pressure 
level of the vessel's own signal at listening posts shall not exceed 110 
dB(A) and so far as practicable should not exceed 100 dB(A).



Sec. 86.11  Fitting of more than one whistle.

    If whistles are fitted at a distance apart of more than 100 meters, 
they shall not be sounded simultaneously.



Sec. 86.13  Combined whistle systems.

    (a) A combined whistle system is a number of whistles (sound 
emitting sources) operated together. For the purposes of the Rules a 
combined whistle system is to be regarded as a single whistle.
    (b) The whistles of a combined system shall:
    (1) Be located at a distance apart of not more than 100 meters,
    (2) Be sounded simultaneously,
    (3) Each have a fundamental frequency different from those of the 
others by at least 10 Hz, and
    (4) Have a tonal characteristic appropriate for the length of vessel 
which shall be evidenced by at least two-thirds of the whistles in the 
combined system having fundamental frequencies falling within the limits 
prescribed in Sec. 86.03, or if there are only two whistles in the 
combined system, by the higher fundamental frequency falling within the 
limits prescribed in Sec. 86.03.

    Note: If due to the presence of obstructions the sound field of a 
single whistle or of one of the whistles referred to in Sec. 86.11 is 
likely to have a zone of greatly reduced signal level, a combined 
whistle system should be fitted so as to overcome this reduction.



Sec. 86.15  Towing vessel whistles.

    A power-driven vessel normally engaged in pushing ahead or towing 
alongside may, at all times, use a whistle whose characteristic falls 
within the limits prescribed by Sec. 86.03 for the longest customary 
composite length of the vessel and its tow.

[[Page 195]]



                         Subpart B--Bell or Gong



Sec. 86.21  Intensity of signal.

    A bell or gong, or other device having similar sound characteristics 
shall produce a sound pressure level of not less than 110 dB at 1 meter.



Sec. 86.23  Construction.

    Bells and gongs shall be made of corrosion-resistant material and 
designed to give a clear tone. The diameter of the mouth of the bell 
shall be not less than 300 mm for vessels of more than 20 meters in 
length, and shall be not less than 200 mm for vessels of 12 to 20 meters 
in length. The mass of the striker shall be not less than 3 percent of 
the mass of the bell. The striker shall be capable of manual operation. 
Note: When practicable, a power-driven bell striker is recommended to 
ensure constant force.



                           Subpart C--Approval



Sec. 86.31  Approval. [Reserved]



PART 87--ANNEX IV: DISTRESS SIGNALS--Table of Contents




Sec.
87.1  Need of assistance.
87.3  Exclusive use.
87.5  Supplemental signals.

    Authority: 33 U.S.C. 2071; 49 CFR 1.46.



Sec. 87.1  Need of assistance.

    The following signals, used or exhibited either together or 
separately, indicate distress and need of assistance:
    (a) A gun or other explosive signal fired at intervals of about a 
minute.
    (b) A continuous sounding with any fog-signaling apparatus;
    (c) Rockets or shells, throwing red stars fired one at a time at 
short intervals;
    (d) A signal made by radiotelegraphy or by any other signaling 
method consisting of the group . . . -- -- -- . . . (SOS) in the Morse 
Code,
    (e) A signal sent by radiotelephony consisting of the spoken word 
``Mayday'';
    (f) The International Code Signal of distress indicated by N.C.
    (g) A signal consisting of a square flag having above or below it a 
ball or anything resembling a ball;
    (h) Flames on the vessel (as from a burning tar barrel, oil barrel, 
etc.);
    (i) A rocket parachute flare or a hand flare showing a red light;
    (j) A smoke signal giving off orange-colored smoke;
    (k) Slowly and repeatedly raising and lowering arms outstretched to 
each side;
    (l) The radiotelegraph alarm signal;
    (m) The radiotelephone alarm signal;
    (n) Signals transmitted by emergency position-indicating radio 
beacons;
    (o) Signals transmitted by radiocommunication systems.
    (p) A high intensity white light flashing at regular intervals from 
50 to 70 times per minute.

[CGD 81-007, 47 FR 16174, Apr. 15, 1982, as amended by CGD 89-024, 55 FR 
3947, Feb. 6, 1990]



Sec. 87.3  Exclusive use.

    The use or exhibition of any of the foregoing signals except for the 
purpose of indicating distress and need of assistance and the use of 
other signals which may be confused with any of the above signals is 
prohibited.

[CGD 81-007, 47 FR 16174, Apr. 15, 1982]



Sec. 87.5  Supplemental signals.

    Attention is drawn to the relevant sections of the International 
Code of Signals, the Merchant Ship Search and Rescue Manual, the 
International Telecommunication Union Radio Regulations and the 
following signals:
    (a) A piece of orange-colored canvas with either a black square and 
circle or other appropriate symbol (for identification from the air);
    (b) A dye marker.

[CGD 81-007, 47 FR 16174, Apr. 15, 1982, as amended by CGD 89-024, 55 FR 
3947, Feb. 6, 1990]



PART 88--ANNEX V: PILOT RULES--Table of Contents




Sec.
88.01  Purpose and applicability.
88.03  Definitions.
88.05  Copy of rules.

[[Page 196]]

88.09  Temporary exemption from light and shape requirements when 
          operating under bridges.
88.11  Law enforcement vessels.
88.12  Public safety activities.
88.13  Lights on barges at bank or dock.
88.15  Lights on dredge pipelines.

    Authority: 33 U.S.C. 2071; 49 CFR 1.46.

    Source: CGD 80-158, 47 FR 16175, Apr. 15, 1982, unless otherwise 
noted.



Sec. 88.01  Purpose and applicability.

    This part applies to all vessels operating on United States inland 
waters and to United States vessels operating on the Canadian waters of 
the Great Lakes to the extent there is no conflict with Canadian law.



Sec. 88.03  Definitions.

    The terms used in this part have the same meaning as defined in the 
Inland Navigational Rules Act of 1980.



Sec. 88.05  Copy of rules.

    After January 1, 1983, the operator of each self-propelled vessel 12 
meters or more in length shall carry on board and maintain for ready 
reference a copy of the Inland Navigation Rules.



Sec. 88.09  Temporary exemption from light and shape requirements when operating under bridges.

    A vessel's navigation lights and shapes may be lowered if necessary 
to pass under a bridge.



Sec. 88.11  Law enforcement vessels.

    (a) Law enforcement vessels may display a flashing blue light when 
engaged in direct law enforcement or public safety activities. This 
light must be located so that it does not interfere with the visibility 
of the vessel's navigation lights.
    (b) The blue light described in this section may be displayed by law 
enforcement vessels of the United States and the States and their 
political subdivisions.

[CGD 80-158, 47 FR 16175, Apr. 15, 1982, as amended by CGD 90-032, 56 FR 
33385, July 22, 1991]



Sec. 88.12  Public safety activities.

    (a) Vessels engaged in government sanctioned public safety 
activities, and commercial vessels performing similar functions, may 
display an alternately flashing red and yellow light signal. This 
identification light signal must be located so that it does not 
interfere with the visibility of the vessel's navigation lights. The 
identification light signal may be used only as an identification signal 
and conveys no special privilege. Vessels using the identification light 
signal during public safety activities must abide by the Inland 
Navigation Rules, and must not presume that the light or the exigency 
gives them precedence or right of way.
    (b) Public safety activities include but are not limited to 
patrolling marine parades, regattas, or special water celebrations; 
traffic control; salvage; firefighting; medical assistance; assisting 
disabled vessels; and search and rescue.

[CGD 90-032, 56 FR 33386, July 22, 1991]



Sec. 88.13  Lights on barges at bank or dock.

    (a) The following barges shall display at night and if practicable 
in periods of restricted visibility the lights described in paragraph 
(b) of this section:
    (1) Every barge projecting into a buoyed or restricted channel.
    (2) Every barge so moored that it reduces the available navigable 
width of any channel to less than 80 meters.
    (3) Barges moored in groups more than two barges wide or to a 
maximum width of over 25 meters.
    (4) Every barge not moored parallel to the bank or dock.
    (b) Barges described in paragraph (a) of this section shall carry 
two unobstructed white lights of an intensity to be visible for at least 
one mile on a clear dark night, and arranged as follows:
    (1) On a single moored barge, lights shall be placed on the two 
corners farthest from the bank or dock.
    (2) On barges moored in group formation, a light shall be placed on 
each of the upstream and downstream ends of the group, on the corners 
farthest from the bank or dock.
    (3) Any barge in a group, projecting from the main body of the group 
toward the channel, shall be lighted as a single barge.
    (c) Barges moored in any slip or slough which is used primarily for

[[Page 197]]

mooring purposes are exempt from the lighting requirements of this 
section.
    (d) Barges moored in well-illuminated areas are exempt from the 
lighting requirements of this section. These areas are as follows:

                       Chicago Sanitary Ship Canal

(1) Mile 293.2 to 293.9
(3) Mile 295.2 to 296.1
(5) Mile 297.5 to 297.8
(7) Mile 298 to 298.2
(9) Mile 298.6 to 298.8
(11) Mile 299.3 to 299.4
(13) Mile 299.8 to 300.5
(15) Mile 303 to 303.2
(17) Mile 303.7 to 303.9
(19) Mile 305.7 to 305.8
(21) Mile 310.7 to 310.9
(23) Mile 311 to 311.2
(25) Mile 312.5 to 312.6
(27) Mile 313.8 to 314.2
(29) Mile 314.6
(31) Mile 314.8 to 315.3
(33) Mile 315.7 to 316
(35) Mile 316.8
(37) Mile 316.85 to 317.05
(39) Mile 317.5
(41) Mile 318.4 to 318.9
(43) Mile 318.7 to 318.8
(45) Mile 320 to 320.3
(47) Mile 320.6
(49) Mile 322.3 to 322.4
(51) Mile 322.8
(53) Mile 322.9 to 327.2

                           Calumet Sag Channel

(61) Mile 316.5

                          Little Calumet River

(71) Mile 321.2
(73) Mile 322.3

                              Calumet River

(81) Mile 328.5 to 328.7
(83) Mile 329.2 to 329.4
(85) Mile 330 west bank to 330.2
(87) Mile 331.4 to 331.6
(89) Mile 332.2 to 332.4
(91) Mile 332.6 to 332.8

                            Cumberland River

(101) Mile 126.8
(103) Mile 191



Sec. 88.15  Lights on dredge pipelines.

    Dredge pipelines that are floating or supported on trestles shall 
display the following lights at night and in periods of restricted 
visibility.
    (a) One row of yellow lights. The lights must be:
    (1) Flashing 50 to 70 times per minute,
    (2) Visible all around the horizon,
    (3) Visible for at least 2 miles on a clear dark night,
    (4) Not less than 1 and not more than 3.5 meters above the water,
    (5) Approximately equally spaced, and
    (6) Not more than 10 meters apart where the pipeline crosses a 
navigable channel. Where the pipeline does not cross a navigable channel 
the lights must be sufficient in number to clearly show the pipeline's 
length and course.
    (b) Two red lights at each end of the pipeline, including the ends 
in a channel where the pipeline is separated to allow vessels to pass 
(whether open or closed). The lights must be:
    (1) Visible all around the horizon, and
    (2) Visible for at least 2 miles on a clear dark night, and
    (3) One meter apart in a vertical line with the lower light at the 
same height above the water as the flashing yellow light.



PART 89--INLAND NAVIGATION RULES: IMPLEMENTING RULES--Table of Contents




            Subpart A--Certificate of Alternative Compliance

Sec.
89.1  Definitions.
89.3  General.
89.5  Application for a Certificate of Alternative Compliance.
89.9  Certificate of Alternative Compliance: Contents.
89.17  Certificate of Alternative Compliance: Termination.
89.18  Record of certification of vessels of special construction or 
          purpose.

   Subpart B--Waters Upon Which Certain Inland Navigation Rules Apply

89.21  Purpose.
89.23  Definitions.
89.25  Waters upon which Inland Rules 9(a)(ii), 14(d), and 15(b) apply.
89.27  Waters upon which Inland Rule 24(i) applies.

    Authority: 33 U.S.C. 2071; 49 CFR 1.46(n)(14).

    Source: CGD 80-157, 47 FR 13801, Apr. 1, 1982, unless otherwise 
noted.

[[Page 198]]



            Subpart A--Certificate of Alternative Compliance



Sec. 89.1  Definitions.

    As used in this subpart:
    Inland Rules refers to the Inland Navigation Rules contained in the 
Inland Navigational Rules Act of 1980 (Pub. L. 96-591) and the technical 
annexes established under that act.
    A vessel of special construction or purpose means a vessel designed 
or modified to perform a special function and whose arrangement is 
thereby made relatively inflexible.
    Interference with the special function of the vessel occurs when 
installation or use of lights, shapes, or sound-signaling appliances 
under the Inland Rules prevents or significantly hinders the operation 
in which the vessel is usually engaged.

[CGD 80-157, 47 FR 13801, Apr. 1, 1982, as amended by CGD 83-028, 49 FR 
33876, Aug. 27, 1984]



Sec. 89.3  General.

    Vessels of special construction or purpose which cannot fully comply 
with the light, shape, and sound signal provisions of the Inland Rules 
without interfering with their special function may instead meet 
alternative requirements. The Chief of the Marine Safety Division in 
each Coast Guard District Office makes this determination and requires 
that alternative compliance be as close as possible with the Inland 
Rules. These regulations set out the procedure by which a vessel may be 
certified for alternative compliance. The information collection and 
recordkeeping requirements in Secs. 89.5 and 89.18 have been approved by 
the Office of Management and Budget under OMB control number 2115-0074.



Sec. 89.5  Application for a Certificate of Alternative Compliance.

    (a) The owner, builder, operator, or agent of a vessel of special 
construction or purpose who believes the vessel cannot fully comply with 
the Inland Rules light, shape, or sound signal provisions without 
interference with its special function may apply for a determination 
that alternative compliance is justified. The application must be in 
writing, submitted to the Chief of the Marine Safety Division of the 
Coast Guard District in which the vessel is being built or operated, and 
include the following information:
    (1) The name, address, and telephone number of the applicant.
    (2) The identification of the vessel by its:
    (i) Official number;
    (ii) Shipyard hull number;
    (iii) Hull identification number; or
    (iv) State number, if the vessel does not have an official number or 
hull identification number.
    (3) Vessel name and home port, if known.
    (4) A description of the vessel's area of operation.
    (5) A description of the provision for which the Certificate of 
Alternative Compliance is sought, including:
    (i) The Inland Rules Rule or Annex section number for which the 
Certificate of Alternative Compliance is sought;
    (ii) A description of the special function of the vessel that would 
be interfered with by full compliance with the provision of that Rule or 
Annex section; and
    (iii) A statement of how full compliance would interfere with the 
special function of the vessel.
    (6) A description of the alternative installation that is in closest 
possible compliance with the applicable Inland Navigation Rules Rule or 
Annex section.
    (7) A copy of the vessel's plans or an accurate scale drawing that 
clearly shows:
    (i) The required installation of the equipment under the Inland 
Rules,
    (ii) The proposed installation of the equipment for which 
certification is being sought, and
    (iii) Any obstructions that may interfere with the equipment when 
installed in:
    (A) The required location; and
    (B) The proposed location.
    (b) The Coast Guard may request from the applicant additional 
information concerning the application.

[CGD 80-157, 47 FR 13801, Apr. 1, 1982; 47 FR 18332, Apr. 29, 1982]

[[Page 199]]



Sec. 89.9  Certificate of Alternative Compliance: Contents.

    The Chief of the Marine Safety Division issues the Certificate of 
Alternative Compliance to the vessel based on a determination that it 
cannot comply fully with Inland Rules light, shape, and sound signal 
provisions without interference with its special function. This 
Certificate includes:
    (a) Identification of the vessel as supplied in the application 
under Sec. 89.5(a)(2);
    (b) The provision of the Inland Rules for which the Certificate 
authorizes alternative compliance;
    (c) A certification that the vessel is unable to comply fully with 
the Inland Rules light, shape, and sound signal requirements without 
interference with its special function;
    (d) A statement of why full compliance would interfere with the 
special function of the vessel;
    (e) The required alternative installation;
    (f) A statement that the required alternative installation is in the 
closest possible compliance with the Inland Rules without interfering 
with the special function of the vessel;
    (g) The date of issuance;
    (h) A statement that the Certificate of Alternative Compliance 
terminates when the vessel ceases to be usually engaged in the operation 
for which the certificate is issued.



Sec. 89.17  Certificate of Alternative Compliance: Termination.

    The Certificate of Alternative Compliance terminates if the 
information supplied under Sec. 89.5(a) or the Certificate issued under 
Sec. 89.9 is no longer applicable to the vessel.



Sec. 89.18  Record of certification of vessels of special construction or purpose.

    (a) Copies of Certificates of Alternative Compliance and 
documentation concerning Coast Guard vessels are available for 
inspection at the offices of Assistant Commandant for Marine Safety and 
Environmental Protection, U.S. Coast Guard Headquarters, 2100 Second 
Street SW., Washington, DC 20593-0001.
    (b) The owner or operator of a vessel issued a Certificate shall 
ensure that the vessel does not operate unless the Certificate of 
Alternative Compliance or a certified copy of that Certificate is on 
board the vessel and available for inspection by Coast Guard personnel.

[CGD 80-187, 47 FR 13801, Apr. 1, 1982, as amended by CGD 88-052, 53 FR 
25120, July 1, 1988; CGD 96-026, 61 FR 33663, June 28, 1996; CGD 97-023, 
62 FR 33363, June 19, 1997]



   Subpart B--Waters Upon Which Certain Inland Navigation Rules Apply



Sec. 89.21  Purpose.

    Inland Navigation Rules 9(a)(ii), 14(d), and 15(b) apply to the 
Great Lakes, and along with 24(i), apply on the ``Western Rivers'' as 
defined in Rule 3(1), and to additional specifically designated waters. 
The purpose of this Subpart is to specify those additional waters upon 
which Inland Navigation Rules 9(a)(ii), 14(d), 15(b), and 24(i) apply.

[CGD 85-081, 51 FR 4592, Feb. 6, 1986]



Sec. 89.23  Definitions.

    As used in this subpart:
    Inland Rules refers to the Inland Navigation Rules contained in the 
Inland Navigational Rules Act of 1980 (Pub. L. 96-591, 33 U.S.C. 2001 
et. seq.) and the technical annexes established under that Act.

[CGD 83-028, 49 FR 33876, Aug. 27, 1984]



Sec. 89.25  Waters upon which Inland Rules 9(a)(ii), 14(d), and 15(b) apply.

    Inland Rules 9(a)(ii), 14(d), and 15(b) apply on the Great Lakes, 
the Western Rivers, and the following specified waters:
    (a) Tennessee-Tombigbee Waterway.
    (b) Tombigbee River.
    (c) Black Warrior River.
    (d) Alabama River.
    (e) Coosa River.
    (f) Mobile River above the Cochrane Bridge at St. Louis Point.
    (g) Flint River.
    (h) Chattachoochee River.
    (i) The Apalachicola River above its confluence with the Jackson 
River.

[CGD 91-050, 58 FR 27625, May 10, 1993]

[[Page 200]]



Sec. 89.27  Waters upon which Inland Rule 24(i) applies.

    (a) Inland Rule 24(i) applies on the Western Rivers and the 
specified waters listed in Sec. 89.25 (a) through (i).
    (b) Inland Rule 24(i) applies on the Gulf Intracoastal Waterway from 
St. Marks, Florida, to the Rio Grande, Texas, including the Morgan City-
Port Allen Alternate Route and the Galveston-Freeport Cutoff, except 
that a power-driven vessel pushing ahead or towing alongside shall 
exhibit the lights required by Inland Rule 24(c), while transiting 
within the following areas:
    (1) St. Andrews Bay from the Hathaway Fixed Bridge at Mile 284.6 
East of Harvey Locks (EHL) to the DuPont Fixed Bridge at Mile 295.4 EHL.
    (2) Pensacola Bay, Santa Rosa Sound and Big Lagoon from the Light 
``10'' off of Trout Point at Mile 176.9 EHL to the Pensacola Fixed 
Bridge at Mile 189.1 EHL.
    (3) Mobile Bay and Bon Secour Bay from the Dauphin Island Causeway 
Fixed Bridge at Mile 127.7 EHL to Little Point Clear at Mile 140 EHL.
    (4) Mississippi Sound from Grand Island Waterway Light ``1'' at Mile 
53.8 EHL to Light ``40'' off the West Point of Dauphin Island at Mile 
118.7 EHL.
    (5) The Mississippi River at New Orleans, Mississippi River-Gulf 
Outlet Canal and the Inner Harbor Navigation Canal from the junction of 
the Harvey Canal and the Algiers Alternate Route at Mile 6.5 West of 
Harvey Locks (WHL) to the Michoud Canal at Mile 18 EHL.
    (6) The Calcasieu River from the Calcasieu Lock at Mile 238.6 WHL to 
the Ellender Lift Bridge at Mile 243.6 WHL.
    (7) The Sabine Neches Canal from mile 262.5 WHL to mile 291.5 WHL.
    (8) Bolivar Roads from the Bolivar Assembling Basin at Mile 346 WHL 
to the Galveston Causeway Bridge at Mile 357.3 WHL.
    (9) Freeport Harbor from Surfside Beach Fixed Bridge at Mile 393.8 
WHL to the Bryan Beach Pontoon Bridge at Mile 397.6 WHL.
    (10) Matagorda Ship Channel area of Matagorda Bay from Range ``K'' 
Front Light at Mile 468.7 WHL to the Port O'Connor Jetty at Mile 472.2 
WHL.
    (11) Corpus Christi Bay from Redfish Bay Day Beacon ``55'' at Mile 
537.4 WHL when in the Gulf Intracoastal Waterway main route or from the 
north end of Lydia Ann Island Mile 531.1A when in the Gulf Intracoastal 
Waterway Alternate Route to Corpus Christi Bay LT 76 at Mile 543.7 WHL.
    (12) Port Isabel and Brownsville Ship Channel south of the Padre 
Island Causeway Fixed Bridge at Mile 665.1 WHL.

[CGD 91-050, 58 FR 27625, May 10, 1993]



PART 90--INLAND RULES: INTERPRETATIVE RULES--Table of Contents




Sec.
90.1  Purpose.
90.3  Pushing vessel and vessel being pushed: Composite unit.

    Authority: 33 U.S.C. 2071; 49 CFR 1.46(n)(14).

    Source: CGD 83-011, 48 FR 51622, Nov. 10, 1983, unless otherwise 
noted.



Sec. 90.1  Purpose.

    This part contains the interpretative rules for the Inland Rules. 
These interpretative rules are intended as a guide to assist the public 
and promote compliance with the Inland Rules.



Sec. 90.3  Pushing vessel and vessel being pushed: Composite unit.

    Rule 24(b) of the Inland Rules states that when a pushing vessel and 
a vessel being pushed ahead are rigidly connected in a composite unit, 
they are regarded as a power-driven vessel and must exhibit the lights 
prescribed in Rule 23. A ``composite unit'' is interpreted to be the 
combination of a pushing vessel and a vessel being push ahead that are 
rigidly connected by mechanical means so they react to sea and swell as 
one vessel. Mechanical means does not include lines, wires, hawsers, or 
chains.

[[Page 201]]



               SUBCHAPTER F--VESSEL OPERATING REGULATIONS





PART 95--OPERATING A VESSEL WHILE INTOXICATED--Table of Contents




Sec.
95.001  Purpose.
95.005  Applicability.
95.010  Definition of terms as used in this part.
95.015  Operating a vessel.
95.020  Standard of intoxication.
95.025  Adoption of State standards.
95.030  Evidence of intoxication.
95.035  Reasonable cause for directing a chemical test.
95.040  Refusal to submit to testing.
95.045  General operating rules for vessels inspected, or subject to 
          inspection, under Chapter 33 of Title 46 United States Code.
95.050  Responsibility for compliance.

    Authority: 33 U.S.C. 2071; 46 U.S.C. 2302; 49 CFR 1.46.

    Source: CGD 84-099, 52 FR 47532, Dec. 14, 1987, unless otherwise 
noted.



Sec. 95.001  Purpose.

    (a) The purpose of this part is to establish intoxication standards 
under 46 U.S.C. 2302 and to prescribe restrictions and responsibilities 
for personnel on vessels inspected, or subject to inspection, under 
Chapter 33 of Title 46 United States Code. This part does not pre-empt 
enforcement by a State of its applicable laws and regulations concerning 
operating a recreational vessel while intoxicated.
    (b) Nothing in this part shall be construed as limiting the 
authority of a vessel's marine employer to limit or prohibit the use or 
possession of alcohol on board a vessel.



Sec. 95.005  Applicability.

    (a) This part is applicable to a vessel (except those excluded by 46 
U.S.C. 2109) operated on waters subject to the jurisdiction of the 
United States, and to a vessel owned in the United States on the high 
seas. This includes a foreign vessel operated on waters subject to the 
jurisdiction of the United States.
    (b) This part is also applicable at all times to vessels inspected, 
or subject to inspection, under Chapter 33 of Title 46 United States 
Code.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987; CGD 84-009, 53 FR 13117, Apr. 
21, 1988]



Sec. 95.010  Definition of terms as used in this part.

    Alcohol means any form or derivative of ethyl alcohol (ethanol).
    Alcohol concentration means either grams of alcohol per 100 
milliliters of blood, or grams of alcohol per 210 liters of breath.
    Chemical test means a test which analyzes an individual's breath, 
blood, urine, saliva and/or other bodily fluids or tissues for evidence 
of drug or alcohol use.
    Controlled substance has the same meaning assigned by 21 U.S.C. 802 
and includes all substances listed on Schedules I through V as they may 
be revised from time to time (21 CFR Part 1308).
    Drug means any substance (other than alcohol) that has known mind or 
function-altering effects on a person, specifically including any 
psychoactive substance, and including, but not limited to, controlled 
substances.
    Intoxicant means any form of alcohol, drug or combination thereof.
    Law enforcement officer means a Coast Guard commissioned, warrant, 
or petty officer; or any other law enforcement officer authorized to 
obtain a chemical test under Federal, State, or local law.
    Marine employer means the owner, managing operator, charterer, 
agent, master, or person in charge of a vessel other than a recreational 
vessel.
    Recreational vessel means a vessel meeting the definition in 46 
U.S.C. 2101(25) that is then being used only for pleasure.
    Underway means that a vessel is not at anchor, or made fast to the 
shore, or aground.
    Vessel includes every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water.
    Vessel owned in the United States means any vessel documented or 
numbered under the laws of the United

[[Page 202]]

States; and, any vessel owned by a citizen of the United States that is 
not documented or numbered by any nation.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987; CGD 84-099, 53 FR 13117, April 
21, 1988]



Sec. 95.015  Operating a vessel.

    For purposes of this part, an individual is considered to be 
operating a vessel when:
    (a) The individual has an essential role in the operation of a 
recreational vessel underway, including but not limited to navigation of 
the vessel or control of the vessel's propulsion system.
    (b) The individual is a crewmember (including a licensed 
individual), pilot, or watchstander not a regular member of the crew, of 
a vessel other than a recreational vessel.



Sec. 95.020  Standard of intoxication.

    An individual is intoxicated when:
    (a) The individual is operating a recreational vessel and has an 
alcohol concentration of .10 percent by weight or more in their blood;
    (b) The individual is operating a vessel other than a recreational 
vessel and has an alcohol concentration of .04 percent by weight or more 
in their blood; or,
    (c) The individual is operating any vessel and the effect of the 
intoxicant(s) consumed by the individual on the person's manner, 
disposition, speech, muscular movement, general appearance or behavior 
is apparent by observation.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987; CGD 84-099, 53 FR 13117, April 
21, 1988]



Sec. 95.025  Adoption of State standards.

    (a) This section applies to recreational vessels on waters within 
the geographical boundaries of a State having a statute defining a 
percentage of alcohol in the blood for the purposes of establishing that 
a person operating a vessel is intoxicated or impaired due to alcohol.
    (b) If the applicable State statute establishing a standard for 
determining impairment due to alcohol uses the terms ``under the 
influence,'' ``operating while impaired,'' or equivalent terminology and 
does not separately define a percentage of alcohol in the blood for the 
purpose of establishing ``intoxication,'' the standard containing the 
highest defined percentage of alcohol in the blood applies in lieu of 
the standard in Sec. 95.020(a). If the applicable State statute contains 
a standard specifically applicable to establishing intoxication, in 
addition to standards applicable to other degrees of impairment, the 
standard specifically applicable to establishing intoxication applies in 
lieu of the standard in Sec. 95.020(a).
    (c) For the purposes of this part, a standard established by State 
statute and adopted under this section is applicable to the operation of 
any recreational vessel on waters within the geographical boundaries of 
the State.



Sec. 95.030  Evidence of intoxication.

    Acceptable evidence of intoxication includes, but is not limited to:
    (a) Personal observation of an individual's manner, disposition, 
speech, muscular movement, general appearance, or behavior; or,
    (b) A chemical test.

[CGD 84-099, 53 FR 13117, April 21, 1988; CGD 84-009, 53 FR 13117, Apr. 
21, 1988]



Sec. 95.035  Reasonable cause for directing a chemical test.

    (a) Only a law enforcement officer or a marine employer may direct 
an individual operating a vessel to undergo a chemical test when 
reasonable cause exists. Reasonable cause exists when:
    (1) The individual was directly involved in the occurrence of a 
marine casualty as defined in Chapter 61 of Title 46, United States 
Code, or
    (2) The individual is suspected of being in violation of the 
standards in Secs. 95.020 or 95.025.
    (b) When an individual is directed to undergo a chemical test, the 
individual to be tested must be informed of that fact and directed to 
undergo a test as soon as is practicable.
    (c) When practicable, a marine employer should base a determination 
of the existence of reasonable cause, under paragraph (a)(2) of this 
section, on observation by two persons.

[CGD 84-099, FR 47532, Dec. 14, 1987; CGD 84-099, 53 FR 13117, Apr. 1, 
1988]

[[Page 203]]



Sec. 95.040  Refusal to submit to testing.

    (a) If an individual refuses to submit to or cooperate in the 
administration of a timely chemical test when directed by a law 
enforcement officer based on reasonable cause, evidence of the refusal 
is admissible in evidence in any administrative proceeding and the 
individual will be presumed to be intoxicated.
    (b) If an individual refuses to submit to or cooperate in the 
administration of a timely chemical test when directed by the marine 
employer based on reasonable cause, evidence of the refusal is 
admissible in evidence in any administrative proceeding.



Sec. 95.045  General operating rules for vessels inspected, or subject to inspection, under Chapter 33 of Title 46 United States Code.

    While on board a vessel inspected, or subject to inspection, under 
Chapter 33 of Title 46 United States Code, a crewmember (including a 
licensed individual), pilot, or watchstander not a regular member of the 
crew:
    (a) Shall not perform or attempt to perform any scheduled duties 
within four hours of consuming any alcohol;
    (b) Shall not be intoxicated at any time;
    (c) Shall not consume any intoxicant while on watch or duty; and
    (d) May consume a legal non-prescription or prescription drug 
provided the drug does not cause the individual to be intoxicated.



Sec. 95.050  Responsibility for compliance.

    (a) The marine employer shall exercise due diligence to assure 
compliance with the applicable provisions of this part.
    (b) If the marine employer has reason to believe that an individual 
is intoxicated, the marine employer shall not allow that individual to 
stand watch or perform other duties.

[[Page 204]]



                SUBCHAPTER G--REGATTAS AND MARINE PARADES





PART 100--MARINE EVENTS--Table of Contents




Sec.

                           Subpart A--General

100.01  Purpose.
100.05  Definitions.
100.10  Coast Guard-State agreements.
100.15  General requirements for events.
100.17  Notice of event.
100.18  Permits.
100.19  Appeals.
100.20  Action on application for event assigned to State regulation by 
          Coast Guard-State agreement.
100.25  Action on application for event not assigned to State regulation 
          by Coast Guard-State agreement.
100.30  Approval required for holding event.
100.35  Special local regulations.
100.40  Patrol of the regatta or marine parade.
100.45  Establishment of aids to navigation.
100.50  Penalties.

                  Subpart B--Special Local Regulations

100.100  Purpose of subpart.
100.101  Harvard-Yale Regatta, Thames River, New London, CT.
100.102  Great Connecticut River Raft Race, Middletown, CT.
100.103  National Sweepstakes Regatta, Redbank, NJ.
100.104  Empire State Regatta, Albany, New York.
100.105  Head of the Connecticut Regatta.
100.106  Freeport Grand Prix, Long Beach, NY.
100.107  Windjammer Days, Boothbay Harbor, Maine.
100.108  Great Kennebec River Whatever Race.
100.110  World's Fastest Lobster Boat Race, Jonesport, ME.
100.111  Stonington Lobster Boat Races, Stonington, ME.
100.112  Swim the Bay, Narragansett Bay Narragansett, RI.
100.113  Provincetown Harbor Swim for Life, Provincetown, MA.
100.114  First Coast Guard District Fireworks.
100.118  Searsport Lobster Boat Races, Searsport Harbor, ME.
100.119  Newport-Bermuda Regatta, Narragansett Bay, Newport, RI.
100.201  Annual marine events within the Second Coast Guard District.
100.501  Norfolk Harbor, Elizabeth River, Norfolk, Virginia and 
          Portsmouth, Virginia.
100.502  Barnegat Bay Classic, Barnegat Bay, Toms River, NJ.
100.504  Night in Venice, Great Egg Harbor Bay, City of Ocean City, NJ.
100.505  New Jersey Offshore Grand Prix.
100.507  Chesapeake Bay Bridges Swim Races, Chesapeake Bay, Maryland.
100.508  Hampton River, Hampton, Virginia.
100.509  Delaware River, Philadelphia, Pennsylvania.
100.510  Susquehanna River, Havre de Grace, Maryland.
100.511  Approaches to Annapolis Harbor, Spa Creek, and Severn River, 
          Annapolis, Maryland.
100.512  American Diabetes Association Reach the Beach Triathlon, 
          Choptank River, Cambridge, Maryland.
100.513  Wrightsville Channel, Wrightsville Beach, North Carolina.
100.514  Fourth of July Fireworks Display; Parker Island, Little Egg 
          Harbor, New Jersey.
100.515  Patapsco River, Baltimore, Maryland.
100.517  Atlantic Ocean, Ocean City, MD.
100.518  Severn River, College Creek, and Weems Creek, Annapolis, 
          Maryland
100.519  Assateague Channel, Chincoteague, Virginia.
100.520  Rudee Inlet, Lake Rudee, Atlantic Ocean, Virginia Beach, 
          Virginia.
100.523  Southern Branch, Elizabeth River, Portsmouth, Virginia.
100.709  Annual Augusta Southern National Drag Boat Races; Savannah 
          River, Augusta, GA.
100.710  Annual Greater Jacksonville Kingfish Tournament.
100.713  Annual Harborwalk Boat Race; Sampit River, Georgetown, SC.
100.714  Annual Miami Super Boat Race; Miami Beach, FL.
100.715  Annual Beaufort Water Festival, Beaufort River, Beaufort, SC.
100.716  Annual Florida Sports Fishing Association Billfish Tournament.
100.717  Annual Fort Myers Beach Offshore Grand Prix; Fort Myers, FL.
100.718  Annual Suncoast Kilo Run; Sarasota Bay, Sarasota, FL.
100.719  Annual Suncoast Offshore Challenge; Gulf of Mexico, Sarasota, 
          FL.
100.720  Annual Suncoast Offshore Grand Prix; Gulf of Mexico, Sarasota, 
          FL.
100.721  Charleston Christmas Parade of Boats, Charleston Harbor, SC.
100.722  Annual Key West Super Boat Race; Key West, FL.
100.723  Annual Holiday Boat Parade of the Palm Beaches; Palm Beach, FL.
100.724  Annual Augusta Invitational Rowing Regatta; Savannah River, 
          Augusta, GA.

[[Page 205]]

100.801  Annual Marine Events in the Eighth Coast Guard District.
100.901  Great Lakes annual marine events.
100.902  Macomb Daily Offshore Classic, Lake St. Clair, St. Clair 
          Shores, MI.
100.1101  Southern California annual marine events.
100.1102  Marine events on the Colorado River, between Davis Dam 
          (Bullhead City, Arizona) and Headgate Dam (Parker, Arizona).
100.1103  Opening Day Marine Parade, San Francisco Bay.
100.1104  Sacramento River--Sacramento Water Festival.
100.1105  San Francisco Bay Navy Fleetweek Parade of Ships and Blue 
          Angels Demonstration.
100.1203  San Joaquin River--Budweiser Western States Championships.
100.1301  Seattle Seafair Unlimited Hydroplane Race.
100.1302  Annual Clarkston, Washington, Limited Hydroplane Races.
100.1303  Annual Kennewick, Washington, Columbia Unlimited Hydroplane 
          Races.
100.1304  Annual Seattle Yacht Club's ``Opening Day'' Marine Parade.
100.1305  Richland, Washington, west coast outboard championship hydro 
          races.
100.1306  National Maritime Week Tugboat Races, Seattle, WA.

    Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR 100.35.

    Source: CGFR 63-22, 28 FR 5155, May 23, 1963, unless otherwise 
noted.



                           Subpart A--General



Sec. 100.01  Purpose.

    This part prescribes the requirements for holding a marine event on 
the navigable waters of the United States.

[CGD 95-054, 61 FR 33032, June 26, 1996]

    Effective Date Note: At 61 FR 33032, June 26, 1996, Sec. 100.01 was 
revised, effective Jan. 1, 1997. At 61 FR 60028, Nov. 26, 1996, the 
effective date was delayed until Jan. 1, 1998. For the convenience of 
the user, the superseded text is set forth as follows:

Sec. 100.01   Purpose and intent.
    (a) The purpose of the regulations in this part is to provide 
effective control over regattas and marine parades conducted on the 
navigable waters of the United States so as to insure safety of life in 
the regatta or marine parade area.
    (b) Geographic coordinates expressed in terms of latitude or 
longitude, or both, are not intended for plotting on maps or charts 
whose referenced horizontal datum is the North American Datum of 1983 
(NAD 83), unless such geographic coordinates are expressly labeled NAD 
83. Geographic coordinates without the NAD 83 reference may be plotted 
on maps or charts referenced to NAD 83 only after application of the 
appropriate corrections that are published on the particular map or 
chart being used.

[CGFR 63-22, 28 FR 5155, May 23, 1963, as amended by CGD 86-082, 52 FR 
33811, Sept. 8, 1987]



Sec. 100.05  Definitions.

    As used in this part--
    Area of historic, cultural, or archeological significance means a 
place or structure that is listed, or is eligible for listing, in the 
National Register of Historic Places under the National Historic 
Preservation Act of 1966 (16 U.S.C. 661 et seq.); an area that is 
designated under other applicable Federal, State, or local historic 
preservation law or regulation; or an area of significance to Native 
Americans.
    Critical habitat means a geographical area formally identified under 
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) that is 
considered essential to the conservation of a species listed as 
threatened or endangered under the Act and that may require special 
management considerations or protection.
    Designated Officer means a Coast Guard officer designated by the 
District Commander to carry out the functions assigned in this part to 
the Designated Officer.
    District Commander means the Commander of the Coast Guard district 
in which the marine event will be held.
    Environmentally sensitive area means a geographical area that is 
designated--
    (1) As a critical habitat of a threatened or endangered species 
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
    (2) For protection under a State endangered or protected species 
statute;
    (3) As a marine sanctuary under the Marine Protection, Research, and 
Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq. and 33 U.S.C. 1401 et 
seq.); or
    (4) As a wildlife sanctuary, refuge, or special natural resource 
conservation area under Federal or State law.
    Local authority means an official or agency of local government 
having power under the laws of a State to regulate marine events on 
waters over which the State has jurisdiction.

[[Page 206]]

    Marine event or event means an organized event of limited duration 
held on the water according to a prearranged schedule.
    Participating vessel means a vessel that is participating in a 
marine event.
    Regatta or marine parade means a marine event.
    Spectator vessel means a vessel at a marine event, other than a 
participating vessel, and includes support and safety patrol vessels.
    State authority means an official or agency of a State having power 
under the laws of the State to regulate waters or resources over which 
the State has jurisdiction.
    Threatened or endangered species means a species that is listed, or 
proposed for listing, as threatened or endangered under the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) or other species of plant 
or wildlife protected by an equivalent State statute.

[CGD 95-054, 61 FR 33032, June 26, 1996]

    Effective Date Note: 61 FR 33032, June 26, 1996, Sec. 100.05 was 
revised, effective Jan. 1, 1997. At 61 FR 60028, Nov. 26, 1996, the 
effective date was delayed until Jan. 1, 1998. For the convenience of 
the user, the superseded text is set forth as follows:

Sec. 100.05  Definition of terms used in this part.
    (a) Regatta or marine parade means an organized water event of 
limited duration which is conducted according to a prearranged schedule.
    (b) [Reserved]
    (c) District Commander means the Commander of the Coast Guard 
District in which the regatta or marine parade is intended to be held. 
(See Part 3 of this chapter for the geographical boundaries of Coast 
Guard Districts.)
    (d) State authority means any official or agency of a State having 
power under the law of such State to regulate regattas or marine parades 
on waters over which such State has jurisdiction.

[CGFR 63-22, 28 FR 5155, May 23, 1963, as amended by CGD 75-098, 40 FR 
49327, Oct. 22, 1975]



Sec. 100.10   Coast Guard-State agreements.

    (a) The District Commander is authorized to enter into agreements 
with State authorities permitting, regulation by the State of such 
classes of regatta or marine parade on the navigable waters of the 
United States as, in the opinion of the District Commander, the State is 
able to regulate in such a manner as to insure safety of life. All such 
agreements shall reserve to the District Commander the right to regulate 
any particular regatta or marine parade when he deems such action to be 
in the public interest.



Sec. 100.15  General requirements for events.

    No marine event may be conducted in such a manner that a 
participating vessel violates any Federal, State, or local law or 
regulation that applies during the time and at the location of the 
event.

[CGD 95-054, 61 FR 33032, June 26, 1996]

    Effective Date Note: At 61 FR 33032, June 26, 1996, Sec. 100.15 was 
revised, effective Jan. 1, 1997. At 61 FR 60028, Nov. 26, 1996, the 
effective date was delayed until Jan. 1, 1998. For the convenience of 
the user, the superseded text is set forth as follows:

Sec. 100.15  Submission of application.
    (a) An individual or organization planning to hold a regatta or 
marine parade which, by its nature, circumstances or location, will 
introduce extra or unusual hazards to the safety of life on the 
navigable waters of the United States, shall submit an application to 
the Coast Guard District Commander having cognizance of the area where 
it is intended to hold such regatta or marine parade. Examples of 
conditions which are deemed to introduce extra or unusual hazards to the 
safety of life include but are not limited to: An inherently hazardous 
competition, the customary presence of commercial or pleasure craft in 
the area, any obstruction of navigable channel which may reasonably be 
expected to result, and the expected accumulation of spectator craft.
    (b) Where such events are to be held regularly or repeatedly in a 
single area by an individual or organization, the Commandant or the 
District Commander may, subject to conditions set from time to time by 
him, grant a permit for such series of events for a fixed period of 
time, not to exceed one year.
    (c) The application shall be submitted no less than 30 days prior to 
the start of the proposed event.
    (d) The application shall include the following details:
    (1) Name and address of sponsoring organization.
    (2) Name, address, and telephone of person or persons in charge of 
the event.
    (3) Nature and purpose of the event.

[[Page 207]]

    (4) Information as to general public interest.
    (5) Estimated number and types of watercraft participating in the 
event.
    (6) Estimated number and types of spectator watercraft.
    (7) Number of boats being furnished by sponsoring organizations to 
patrol event.
    (8) A time schedule and description of events.
    (9) A section of a chart or scale drawing showing the boundaries of 
the event, various water courses or areas to be utilized by 
participants, officials, and spectator craft.



Sec. 100.17  Notice of event.

    (a) The sponsor of a marine event shall notify the Designated 
Officer if--
    (1) The event will involve more than 50 participating vessels or 
more than 200 spectator vessels;
    (2) The event will take place in or near a designated 
environmentally sensitive area (including a critical habitat of a 
threatened or endangered species), or other area of historic, cultural, 
or archeological significance, including an area of significance to 
Native Americans;
    (3) The event will involve participating vessels travelling at 
speeds of greater than 30 miles per hour;
    (4) The event will cause participating vessels or spectator vessels 
to cross a designated shipping lane or otherwise block or cause 
substantial interference with navigation on a body of water;
    (5) The event could present a substantial threat to the safety of 
human life on navigable waters; or
    (6) The sponsor is requesting the use of Coast Guard resources or 
the issuance of a special local regulation under Sec. 100.35.
    (b) The notice must be in writing and contain the following 
information:
    (1) The name of the sponsor and the event.
    (2) Name, address, and telephone number of the person in charge of 
the event.
    (3) The date and approximate time the event is scheduled to begin 
and end.
    (4) The nature of the event (e.g., marine parade, powerboat race, or 
sailboat race).
    (5) The general location of the event as shown on a chart or 
drawing.
    (6) The number and type (e.g., powerboat or sailboat) of 
participating vessels and spectator vessels expected.
    (7) An explanation of why the event does not present a substantial 
threat to the safety of human life on navigable waters and what steps 
will be taken to ensure that result.
    (8) The expected effect, if any, of the event on the following 
resources:
    (i) A threatened or endangered species.
    (ii) A critical habitat or other designated environmentally 
sensitive area.
    (iii) The coastal zone of a State with a Federally-approved Coastal 
Zone Management plan under 16 U.S.C. 1451 et seq.
    (iv) An area of historic, cultural, or archeological significance, 
including an area of significance to Native Americans.
    (c) A sponsor of an event meeting the criteria of paragraph (a) of 
this section must submit notice to the Designated Officer at least 135 
days before the event. However, a sponsor may submit the notice no later 
than 60 days before the event if--
    (1) The sponsor submitted a notice of the event in the year 
immediately preceding;
    (2) The nature, location, scheduling, and other relevant information 
contained in the prior notice is essentially the same; and
    (3) The Coast Guard required no permit for the prior event.
    (d) The Coast Guard will provide a copy of the notice to the 
appropriate Federal, State, and local authorities having jurisdiction 
over the affected waters and also to the appropriate Federal, State, or 
local authorities having jurisdiction over potentially affected critical 
habitat of a threatened or endangered species or other designated 
environmentally sensitive area or an area of historic, cultural, or 
archeological significance, including an area of significance to Native 
Americans.
    (e) If, after reviewing the notice, the Designated Officer 
determines that the event is likely to present a substantial threat to 
the safety of human life on navigable waters, the Designated Officer 
will notify the sponsor that the

[[Page 208]]

event may not be held unless the sponsor first obtains a Coast Guard 
permit for the event.

[CGD 95-054, 61 FR 33032, June 26, 1996]

    Effective Date Note: At 61 FR 33032, June 26, 1996, Sec. 100.17 was 
added, effective Jan. 1, 1997. At 61 FR 60028, Nov. 26, 1996, the 
effective date was delayed until Jan. 1, 1998.



Sec. 100.18  Permits.

    (a) When a permit is required under Sec. 100.17(e), the sponsor of 
the event shall submit the following additional information to the 
Designated Officer within 30 days after the date of notice of the 
decision that a permit will be required:
    (1) A detailed plan of how the sponsor plans to conduct the event so 
as to minimize the risk to the safety of human life on the navigable 
waters.
    (2) A statement that the event will be conducted in compliance with 
all requirements under the Clean Air Act (42 U.S.C. 1857 et seq.), the 
Clean Water Act (33 U.S.C. 1321), and the Noise Control Act (42 U.S.C. 
4901 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.), the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et 
seq.), and other applicable Federal, State and local laws, regulations, 
and ordinances.
    (3) If the event is subject to a State's Federally approved coastal 
zone management plan, a determination from the event sponsor that the 
event is consistent with the enforceable policies of that plan, as well 
as evidence showing when the State concurred, or was asked to concur, in 
that determination.
    (4) The name of all Federal, State, or local authorities contacted 
about the event, the date of each contact, whether any agency indicated 
that the event will have an adverse impact on a resource, any steps an 
agency recommended to mitigate the impact, and the sponsor's plan to 
mitigate the impact.
    (5) Any other information deemed necessary by the Designated 
Officer, such as information to assist the Coast Guard in preparing 
required environmental documents on the event, including, when 
appropriate, an agreement to implement any mitigation measures suggested 
by any Federal, State, or local authority.
    (b) The Designated Officer will forward the information to the 
District Commander, who reviews the information submitted and issues a 
permit to the sponsor or notifies the sponsor that a permit has been 
denied and states the reasons for the denial. The sponsor may, within 15 
days of the date of notice of the decision to deny a permit, request 
reconsideration and submit revised or additional information to show 
that the event has been modified. The District Commander reviews the 
information submitted for reconsideration and issues a permit or 
notifies the sponsor that a permit is denied.

[CGD 95-054, 61 FR 33032, June 26, 1996]

    Effective Date Note: At 61 FR 33032, June 26, 1996, Sec. 100.18 was 
added, effective Jan. 1, 1997. At 61 FR 60028, Nov. 26, 1996, the 
effective date was delayed until Jan. 1, 1998.



Sec. 100.19  Appeals.

    The sponsor of a marine event for which the District Commander has 
denied a permit may appeal that decision in writing to Chief, 
Operations, U.S. Coast Guard Headquarters, 2100 Second Street SW., 
Washington, DC 20593-0001, within 7 days of the date of the 
determination. After considering all material presented, the Chief, 
Operations, notifies the petitioner of the decision. The decision by the 
Chief, Operations, is final agency action.

[CGD 95-054, 61 FR 33033, June 26, 1996; CGD 95-054, 61 FR 36292, July 
10, 1996]

    Effective Date Note: At 61 FR 33033, June 26, 1996, Sec. 100.19 was 
added, effective Jan. 1, 1997. At 61 FR 60028, Nov. 26, 1996, the 
effective date was delayed until Jan. 1, 1998.



Sec. 100.20   Action on application for event assigned to State regulation by Coast Guard-State agreement.

    (a) Upon receipt of an application for a regatta or marine parade of 
a type assigned to a State for regulation under a Coast Guard-State 
agreement, the District Commander will forward the application to the 
State authority having cognizance of the event. Further processing and 
decision upon such an application shall be conducted by the State.

[[Page 209]]



Sec. 100.25   Action on application for event not assigned to State regulation by Coast Guard-State agreement.

    (a) Where an event is one of a type not assigned to the State for 
regulation under a Coast Guard-State agreement (or where no such 
agreement has been entered), the Commander of a Coast Guard District who 
receives an application for a proposed regatta or marine parade to be 
held upon the navigable waters of the United States within his district 
shall take the following action:
    (1) He shall determine whether the proposed regatta or marine parade 
may be held in the proposed location with safety of life. To assist in 
his determination, he may, if he deems it necessary, hold a public 
hearing to obtain the views of all persons interested in, or who will be 
affected by, the regatta or marine parade.
    (2) He will notify the individual or organization which submitted 
the application:
    (i) That the application is approved, and the nature of the special 
local regulations, if any, which he will promulgate pursuant to 
Sec. 100.35; or
    (ii) That the interest of safety of life on the navigable waters of 
the United States requires specific change or changes in the application 
before it can be approved; or
    (iii) That the event requires no regulation or patrol of the regatta 
or marine parade area; or
    (iv) That the application is not approved, with reasons for such 
disapproval.

    Effective Date Note: At 61 FR 33033, June 26, 1996, Sec. 100.25 was 
removed, effective Jan. 1, 1997. At 61 FR 60028, Nov. 26, 1996, the 
effective date was delayed until Jan. 1, 1998.



Sec. 100.30   Approval required for holding event.

    (a) An event for which application is required under Sec. 100.15(a) 
shall be held only after approval of such event by the District 
Commander, except that applications referred to a State under 
Sec. 100.10 shall be governed by the laws of that State.

    Effective Date Note: At 61 FR 33033, June 26, 1996, Sec. 100.30 was 
removed, effective Jan. 1, 1997. At 61 FR 60028, Nov. 26, 1996, the 
effective date was delayed until Jan. 1, 1998.



Sec. 100.35  Special local regulations.

    (a) The District Commander may issue regulations to promote safety 
of life on the navigable waters immediately before, during, and 
immediately after a marine event.
    (b) The regulations may establish an area within which participating 
vessels, or other vessels are excluded, their entry is limited, or their 
movement is restricted.
    (c) The District Commander will provide notice of the regulations to 
the State and local authorities having jurisdiction over the affected 
navigable waters and may provide notice of the regulations by means of 
local or broadcast notices to mariners.

[CGD 95-054, 61 FR 33033, June 26, 1996]

    Effective Date Note: At 61 FR 33033, June 26, 1996, Sec. 100.35 was 
revised, effective Jan. 1, 1997. At 61 FR 60028, Nov. 26, 1996, the 
effective date was delayed until Jan. 1, 1998. For the convenience of 
the user, the superseded text is set forth as follows:

Sec. 100.35  Special local regulations.
    (a) The Commander of a Coast Guard District, after approving the 
plans for the holding of a regatta or marine parade within his district, 
is authorized to promulgate such special local regulations as he deems 
necessary to insure safety of life on the navigable waters immediately 
prior to, during, and immediately after the approved regatta or marine 
parade. Such regulations may include a restriction upon, or control of, 
the movement of vessels through a specified area immediately prior to, 
during, and immediately after the regatta or marine parade.
    (b) After approving the plans for the holding of a regatta or marine 
parade upon the navigable waters within his district, and promulgating 
special regulations thereto, the Commander of a Coast Guard District 
shall give the public full and adequate notice of the dates of the 
regatta or marine parade, together with full and complete information of 
the special local regulations, if there be such. Such notice should be 
published in the local notices to mariners.
    (c) The special local regulations referred to in paragraph (a) of 
this section, when issued and published by the Commander of a Coast 
Guard District, shall have the status of regulations issued pursuant to 
the provisions of section 1 of the act of April 28, 1908, as amended (46 
U.S.C. 454).

[[Page 210]]



Sec. 100.40   Patrol of the regatta or marine parade.

    (a) The Commander of a Coast Guard District in which a regatta or 
marine parade is to be held may detail, if he deems the needs of safety 
require, one or more Coast Guard vessels to patrol the course of the 
regatta or marine parade for the purpose of enforcing not only the 
special local regulations but also for assistance work and the 
enforcement of laws generally.
    (b) The Commander of a Coast Guard District may also utilize any 
private vessel or vessels to enforce the special local regulations 
governing a regatta or marine parade provided such vessel or vessels 
have been placed at the disposition of the Coast Guard pursuant to 
section 826 in Title 14, U.S. Code, for such purpose by any member of 
the Coast Guard Auxiliary, or any corporation, partnership, or 
association, or by any State or political subdivision thereof. Any 
private vessel so utilized shall have on board an officer or petty 
officer of the Coast Guard who shall be in charge of the vessel during 
the detail and responsible for the law enforcement activities or 
assistance work performed by the vessel during such detail. Any private 
vessel so utilized will display the Coast Guard ensign while engaged in 
this duty.
    (c) The Commander of a Coast Guard District may also utilize any 
private vessel or vessels placed at the disposition of the Coast Guard 
pursuant to section 826 in Title 14, U.S. Code, by any member of the 
Coast Guard Auxiliary, or any corporation, partnership, or association, 
or by any State or political subdivision thereof, to patrol the course 
of the regatta or marine parade for the purpose of promoting safety by 
performing assistance work, effecting rescues, and directing the 
movement of vessels in the vicinity of the regatta or marine parade. 
Vessels utilized under the authority of this paragraph are not 
authorized to enforce the special local regulations or laws generally.

[CGFR 63-22, 28 FR 5155, May 23, 1963, as amended by CGFR 65-32, 30 FR 
8518, July 3, 1965]



Sec. 100.45  Establishment of aids to navigation.

    The District Commander will establish and maintain only those aids 
to navigation necessary to assist in the observance and enforcement of 
the special regulations issued under the District Commander's authority. 
These aids to navigation will be in accordance with Part 62 of this 
chapter. All other aids to navigation incidental to the holding of a 
regatta or marine parade are private aids to navigation as described in 
Part 66 of this chapter.

[CGD 86-031, 52 FR 42645, Nov. 6, 1987]



Sec. 100.50  Penalties.

    Any person who violates a provision of this part or a regulation 
issued under this part shall be subject to a penalty assessed under 33 
U.S.C. 1236.

[CGD 95-054, 61 FR 33033, June 26, 1996]

    Effective Date Note: At 61 FR 33033, June 26, 1996, Sec. 100.50 was 
revised, effective Jan. 1, 1997. At 61 FR 60028, Nov. 26, 1996, the 
effective date was delayed until Jan. 1, 1998. For the convenience of 
the user, the superseded text is set forth as follows:

Sec. 100.50  Penalties for violation of regulations.
    (a) An individual or organization who violates any provision of 
these regulations, or any regulation or order issued pursuant to these 
regulations shall be subject to the following penalties as provided in 
section 457 in Title 46, U.S. Code:
    (1) A licensed officer shall be liable to suspension or revocation 
of license in the manner now prescribed by law for incompetency or 
misconduct.
    (2) Any person in charge of the navigation of a vessel other than a 
licensed officer shall be liable to a penalty of $500.
    (3) The owner of a vessel (including any corporate officer of a 
corporation owning the vessel) actually on board shall be liable to a 
penalty of $500, unless the violation of regulations shall have occurred 
without his knowledge.
    (4) Any other person shall be liable to a penalty of $250.
    (b) The Commandant of the Coast Guard is authorized and empowered to 
mitigate or remit any penalty herein provided for in the manner 
prescribed by law for the mitigation or remission of penalties for 
violation of the navigation laws. (See 33 CFR Subpart 1.07,

[[Page 211]]

for procedures regarding assessment, mitigation or remission of 
penalties.)

[CGFR 63-22, 28 FR 5155, May 23, 1963, as amended by CGD 74-46, 39 FR 
19473, June 3, 1974]



                  Subpart B--Special Local Regulations



Sec. 100.100  Purpose of subpart.

    (a) This subpart prescribes regulations for particular recurring 
marine events.
    (b) Geographical coordinates used in this subpart are not intended 
for plotting on maps and charts referenced to the North American Datum 
of 1983 (NAD 83), unless the coordinates are labeled NAD 83. Coordinates 
without an NAD 83 reference may be plotted on maps or charts with an NAD 
83 reference only after application of the appropriate corrections 
published on the map or chart.

[CGD 95-054, 61 FR 33033, June 26, 1996]

    Effective Date Note: At 61 FR 33033, June 26, 1996, Sec. 100.100 was 
added, effective Jan. 1, 1997. At 61 FR 60028, Nov. 26, 1996, the 
effective date was delayed until Jan. 1, 1998.



Sec. 100.101  Harvard-Yale Regatta, Thames River, New London, CT.

    (a) Regulated area. The Thames River at New London, Connecticut, 
from the Penn Central Draw Bridge to Bartlett Cove.
    (b) Effective period. This section is in effect on June 8, 1996, 
from 4:00 p.m. to 7:30 p.m. and each year thereafter on a date and times 
specified in a Federal Register notice. If the regatta is canceled due 
to weather, this section will be in effect on the following Sunday.
    (c) Special local regulations. (1) All persons or vessels not 
registered with the sponsor as participants or not part of the regatta 
patrol are considered spectators.
    (2) No spectator or press boats shall be allowed out onto or across 
the race course without Coast Guard escort.
    (3) No person or vessel may transit through the regulated area 
during the effective period unless participating in the event, or as 
authorized by the sponsor or Coast Guard Patrol personnel. The Patrol 
Commander may open up the regulated area to allow for vessel movement 
between scheduled races.
    (4) Spectator vessels must be at anchor within a designated 
spectator area or moored to a waterfront facility within the regulated 
area in such a way that they shall not interfere with the progress of 
the event at least 30 minutes prior to the start of the races. They must 
remain moored or at anchor until the men's varsity have passed their 
positions. At that time, spectator vessels located south of the Harvard 
Boathouse may proceed downriver at a reasonable speed. Vessels situated 
between the Harvard Boathouse and the finish line must remain stationary 
until both crews return safely to their boathouses. If for any reason 
the men's varsity crew race is postponed, spectator vessels will remain 
in position until notified by Coast Guard or regatta patrol personnel.
    (5) The last 1000 feet of the race course near the finish line will 
be delineated by four (4) temporary white buoys provided by the sponsor. 
All spectator craft shall remain behind these buoys during the event.
    (6) Spectator craft shall not anchor:
    (i) To the west of the race course, between Scotch Cap and Bartlett 
Point Light.
    (ii) Within the race course boundaries or in such a manner that 
would allow their vessel to drift or swing into the race course.
    (7) During the effective period all vessels shall proceed at a speed 
not to exceed six (6) knots in the regulated area.
    (8) Spectator vessels shall not follow the crews during the races.
    (9) Swimming is prohibited in the vicinity of the race course during 
the races.
    (10) A vessel operating in the vicinity of the Submarine Base may 
not cause waves which result in damage to submarines or other vessels in 
the floating drydocks.
    (11) All persons and vessels shall comply with the instructions of 
U.S. Coast Guard patrol personnel. Upon hearing five or more blasts from 
a U.S. Coast Guard vessel, the operator of a vessel shall stop 
immediately and proceed as directed. U.S. Coast Guard patrol personnel 
include commissioned,

[[Page 212]]

warrant and petty officers of the Coast Guard. Members of the Coast 
Guard Auxiliary may be present to inform vessel operators of this 
regulation and other applicable laws.

[CGD3 85-16, 50 FR 23807, June 6, 1985, as amended by CGD1 87-08, 52 FR 
20387, June 1, 1987. Redesignated and amended by CGD 87-008b, 52 FR 
25219, July 6, 1987; CGD01-95-017, 61 FR 21960, May 13, 1996; CGD 96-
052, 62 FR 16702, Apr. 8, 1997]



Sec. 100.102   Great Connecticut River Raft Race, Middletown, CT.

    (a) Regulated Area. That section of the Connecticut River between 
Dart Island (Marker no. 73) and Portland Shoals (Marker no. 92), 
Middletown, CT.
    (b) Special Local Regulations.
    (1) The Coast Guard patrol commander may delay, modify, or cancel 
the race as conditions or circumstances require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area unless participating in the event or unless authorized by 
the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit through 
the regulated area should contact the Coast Guard patrol commander on 
VHF Channel 16. In the event of an emergency, the Coast guard patrol 
commander may authorized a vessel to transit through the regulated area 
with a Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions of 
the Coast Guard on-scene patrol commander. On-scene patrol personnel may 
include commissioned, warrant, and petty officers of the U.S. Coast 
guard. Upon hearing five or more short blasts from a U.S. Coast Guard 
vessel, the operator of a vessel shall proceed as directed. Members of 
the Coast Guard Auxiliary will also be present to inform vessel 
operators of this regulation and other applicable laws.
    (c) Effective Period. This rule is effective from 10 a.m. to 2 p.m. 
on the last Saturday in July. If tidal conditions are not conductive to 
performing the event it will take place the first Saturday in August.

[62 FR 35388, July 1, 1997]

    Effective Date Note: At 62 FR 35388, July 1, 1997, Sec. 100.102 was 
revised, effective July 26, 1997. For the convenience of the user, the 
superseded text is set forth as follows:
Sec. 100.102  Connecticut River Raft Race.
    (a) Regulated area. That section of the Connecticut River between 
the Salmon River (Marker no. 48) and the Middle Haddam (Marker no. 72).
    (b) Effective period. This regulation will be effective from 9:00 
a.m. to 2:00 p.m. annually on the first Saturday in August unless 
otherwise specified in the Coast Guard Local Notice to Mariners and a 
Federal Register Notice.
    (c) Special local regulations. (1) The regulated area shall be 
closed to all vessels in excess of 20 meters (65.6 feet) in length 
during the effective period.
    (2) All persons or vessels not registered with the sponsor as 
participants or not part of the regatta patrol are considered 
spectators.
    (3) All spectator vessels shall be moored or anchored prior to the 
start of the event in such a way as to not interfere with the passage of 
the race participants. They shall remain anchored or moored until the 
end of the race or until directed by a patrol vessel.
    (4) All persons and vessels shall comply with the instructions of 
U.S. Coast Guard patrol personnel. Upon hearing five or more blasts from 
a U.S. Coast Guard vessel, the operator of a vessel shall stop 
immediately and proceed as directed. U.S. Coast Guard patrol personnel 
include commissioned, warrant and petty officers of the Coast Guard. 
Members of the Coast Guard Auxiliary may be present to inform vessel 
operators of this regulation and other applicable laws.
    (5) For any violation of this regulation, the following maximum 
penalties are authorized by law:
    (i) $500 for any person in charge of the navigation of a vessel.
    (ii) $500 for the owner of a vessel actually on board.
    (iii) $250 for any other person.
    (iv) Suspension or revocation of a license for a licensed officer.

[CGD3 85-18, 50 FR 29223, July 18, 1985. Redesignated and amended by CGD 
87-008b, 52 FR 25219, July 6, 1987; CGD 96-052, 62 FR 16702, Apr. 8, 
1997]



Sec. 100.103  National Sweepstakes Regatta, Redbank, NJ.

    (a) Regulated area. That portion of the Navesink River in Redbank, 
N.J. between the N.J. Route 35 Bridge and a line running across the 
Navesink River connecting Guyon and Lewis Points.
    (b) Effective period. This section is in effect from 8 a.m. to 6 
p.m. on July 20

[[Page 213]]

and 21, 1996, and each year thereafter on dates and times specified in a 
Federal Register notice.
    (c) Special local regulations. (1) The regulated area shall be 
intermittently closed to all vessel traffic during the effective period, 
except as may be allowed by the Coast Guard Patrol Commander.
    (2) No person or vessel shall enter or remain in the regulated area 
while it is closed unless participating in or authorized by the event 
sponsor or Coast Guard patrol personnel.
    (3) Vessels awaiting passage through the regulated area shall be 
held in unmarked anchorages in the area to the east of the N.J. Route 35 
Bridge and in the vicinity of Lewis Point.
    (4) No transiting vessels shall be allowed out onto or across the 
regulated area without Coast Guard escort.
    (5) All persons or vessles not registered with the sponsor as 
participants or not part of the regatta patrol are considered 
spectators. Spectator vessels must be at anchor within a designated 
spectator area or moored to a waterfront facility in a way that will not 
interfere with the progress of the event. The following are established 
as spectator areas:
    (i) Spectator vessels shall be held behind (north of ) a line of 
buoys provided by the sponsor running approximately west to east 
starting .25 mile east of the N.J. Route 35 Bridge.
    (ii) A second spectator area shall be marked by a curved line of 
sponsor provided buoys centered on a line drawn approximately due south 
from Jones Point, running through Can Buoy 21. All spectator craft 
shall stay to the east of this string of buoys.
    (6) All persons and vessels shall comply with the instructions of 
U.S. Coast Guard patrol personnel. Upon hearing five or more blasts from 
a U.S. Coast Guard vessel, the operator of a vessel shall stop 
immediately and proceed as directed. U.S. Coast Guard patrol personnel 
include commissioned, warrant, and petty officers of the Coast Guard. 
Members of the Coast Guard Auxiliary may be present to inform vessel 
operators of this regulation and other applicable laws.

[CGD3 85-31, 50 FR 30702, July 29, 1985. Redesignated and amended by CGD 
87-008b, 52 FR 25219, July 6, 1987; CGDO1-96-016, 61 FR 26105, May 24, 
1996; CGD 96-052, 62 FR 16702, Apr. 8, 1997]



Sec. 100.104  Empire State Regatta, Albany, New York.

    (a) Regulated area. That portion of the Hudson River, extending bank 
to bank, between the Interstate Route 90 bridge (latitude 42-42-04 N; 
longitude 73-42-15 W) and the Dunn Memorial bridge (latitude 42-38-32 N; 
longitude 73-44-55 W) in Albany, New York.
    (b) Effective period. This regulation is effective from 12:01 pm on 
June 10, 1988 through 7:00 pm on June 12, 1988 and annually thereafter 
during the same time periods on the first or second weekend (Friday, 
Saturday, and Sunday) in June as published in the First Coast Guard 
District Local Notice to Mariners.
    (c) Special local regulations. (1) The regulated area will be closed 
to all vessel traffic, except official patrol craft and sponsor craft, 
during the following times: Friday from 12:01 pm to 7:00 pm; Saturday 
from 6:00 am to 7:00 pm; and on Sunday from 6:00 am to 7:00 pm.
    (2) Vessels greater than 20 meters in length shall not transit the 
regulated area at any time during the effective period unless allowed to 
do so by the Coast Guard Patrol Commander.
    (3) Vessels less than 20 meters in length may transit the regulated 
area at the conclusion of each day of racing. Transiting vessels will be 
escorted by official regatta patrol vessels specified in paragraph 
(c)(5) of this section. Approximate periods for transit will be: Friday 
at 7:00 pm through Saturday at 6:00 am; and again on Saturday at 7:00 pm 
through Sunday at 6:00 am.
    (4) Unless otherwise directed by the Coast Guard Patrol Commander, 
transiting vessels shall: proceed at no-wake speeds, remain clear of the 
race course area as marked by the sponsor-provided buoys, not interfere 
with races or any shells in the area, make no stops and keep to the 
eastern edge of the Hudson River.

[[Page 214]]

    (5) Official patrol vessels include Coast Guard and Coast Guard 
Auxiliary vessels, New York State and local police boats and other 
vessels so designated by the regatta sponsor or Coast Guard Patrol 
Commander.
    (6) No person or vessel may enter or remain in the regulated area 
during the effective period unless participating in the event, or 
authorized to be there by the sponsor or Coast Guard patrol personnel.
    (7) All persons and vessels shall comply with the instructions of 
U.S. Coast Guard patrol personnel. Upon hearing five or more blasts from 
a U.S. Coast Guard vessel, the operator of a vessel shall stop 
immediately and proceed as directed. U.S. Coast Guard patrol personnel 
include commissioned, warrant and petty officers of the Coast Guard. 
Members of the Coast Guard Auxiliary may be present to inform vessel 
operators of this regulation and other applicable laws.
    (8) In the event of an emergency or as directed by the Coast Guard 
Patrol Commander, the sponsor shall dismantle the race course to allow 
the passage of any U.S. Government vessel or any other designated 
emergency vessel.

[CGD3 86-07, 51 FR 20822, June 9, 1986. Redesignated and amended by CGD 
87-008b, 52 FR 25219, July 6, 1987. Further amended by CGD 1 88-021, 53 
FR 17697, May 18, 1988; CGD 1 88-037, 53 FR 22484, June 16, 1988; CGD 
96-052, 62 FR 16702, Apr. 8, 1997]



Sec. 100.105  Head of the Connecticut Regatta.

    (a) Regulated Area. The regulated area is that section of the 
Connecticut River between the southern tip of Gildersleeve Island and 
Light Number 87.
    (b) Special Local Regulations. (1) The regulated area is closed to 
all transiting vessel traffic between 9:00 a.m. and 6:00 p.m. except for 
escorted passages as described in (2) and (3) below. All transiting 
vessel movement will be done at the direction of the Coast Guard patrol 
commander.
    (2) Vessels less than 20 meters in length will be allowed to transit 
the regulated area only under escort and at the discretion of the Coast 
Guard patrol commander.
    (3) Vessels over 20 meters in length will be allowed to transit the 
regulated area, under escort, from 12:30 p.m. to 1:45 p.m. or as 
directed by the Coast Guard patrol commander.
    (4) All transiting vessels shall operate at ``No Wake'' speed or 
five (5) knots whichever is slower.
    (5) Southbound vessels awaiting escort through the regulated area 
will be held in the vicinity of the southern tip of Gildersleeve Island. 
Northbound vessels awaiting escort will be held at Light Number 87.
    (6) All vessels shall immediately follow any specific instructions 
given by Coast Guard patrol craft and exercise extreme caution while 
operating in or near the regulated area.
    (7) No person shall enter or remain in the regulated area unless 
participating in the event or authorized by the event sponsor or Coast 
Guard patrol commander.
    (8) The sponsor shall ensure that the event is concluded by 6:00 
p.m. on the day of the event.
    (c) Effective Dates. These regulations are effective from 9:00 a.m. 
to 6:00 p.m. on October 9, 1988 and each year thereafter during the same 
time period on the second Saturday of October or as published in the 
local Coast Guard Notice to Mariners.

[CGD1 88-035, 53 FR 39273, Oct. 6, 1988, as amended at CGDUI-94-136, 59 
FR 49821, Sept. 30, 1994]



Sec. 100.106  Freeport Grand Prix, Long Beach, NY.

    (a) Regulated area. The regulated area is a trapezoidal area on the 
coastal Atlantic waters of Long Island to the south of Long Beach, New 
York. The regulated area is one and one quarter (1\1/4\) miles south of 
Long Beach and three and one quarter (3\1/4\) miles north of the 
northern boundary of Ambrose Channel and is specifically bounded as 
follows:
    (1) Northeast Corner. approximately one and one quarter miles 
southwest of Jones Inlet breakwater at coordinates 40-33-42 North; 073-
35-43 West.
    (2) Southeast Corner. southewest of Jones Inlet Approch Buoy (R 
``2''; Light List Number 685) at coordinates 40-31-45 North; 073-36-19 
West.

[[Page 215]]

    (3) Southwest Corner. east of East Rockaway Approach Buoy (R ``4''; 
Light List Number 690) at coorindates 40-31-31 North; 073-42-21 West.
    (4) Northwest Corner. 40-33-30 North; 073-40-57 West.
    (b) Special local regulations. Vessels not participating in, or 
operating as a safety/rescue patrol shall:
    (1) Not operate within the regulated area.
    (2) Immediately follow any specific instructions given by Coast 
Guard patrol craft.
    (3) Exercise extreme caution when operating near the regulated area.
    (c) Effective Dates. These regulations are effective at 11:00 a.m. 
on August 5, 1989 and terminate at 3:00 p.m. on August 5, 1989 and will 
be in effect each year thereafter during the same time period on the 
first or second Sunday of August as published in a Federal Register 
Notice and the Coast Guard Local Notice to Mariners.

[CGD1 89-025, 54 FR 32066, Aug. 4, 1989]



Sec. 100.107  Windjammer Days, Boothbay Harbor, Maine.

    (a) Regulated Area. The Boothbay Harbor entrance and harbor channel 
extending from the Tumbler's Island Buoy 8 area to Boothbay Inner 
Harbor. Specifically, the regulated area is enclosed as follows: a line 
drawn due east from the southwest (43-50-10 North; 069-38-20 West to the 
Spruce Point Shore; thence following the shore north along Spruce Point 
and around the Boothbay Harbor to Railway Point (43-50-54 North; 069-38-
20 West); thence extending seaward in a southerly direction back to the 
southwest boundary of the regulated area.
    (b) Special Local Regulations.
    (1) Between the hours of 2:30 p.m. and 4:00 p.m. on July 11, 1989 an 
aircraft aerobatic demonstration will take place in the southern portion 
of the regulated area. All transiting and spectating vessels shall 
remain clear of the waters below the flight area. Coast Guard vessels 
will be present to direct marine traffic and to establish exact 
spectator boundaries.
    (2) When operating within the regulated area during the sail parade, 
all vessels with the exception of official regatta patrol vessels, shall 
maintain a separation of at least 100 yards from the parade 
participants. The 100 yard area will move with each vessel in the parade 
as they transit to Boothbay Inner Harbor.
    (3) Between the hours of 8:00 p.m. and 10:30 p.m. on July 12, 1989, 
a fireworks barge will be anchored southwest of McFarland Island in 
approximate location 43-50-35 North; 38-30-00 West. All vessels must 
maintain a clearance of 300 yards from the barge or as directed by Coast 
Guard patrol vessels.
    (4) All vessels shall exercise extreme caution when operating in the 
regulated area.
    (5) Coast Guard Auxiliarists will be patrolling the regatta to 
advise participants, spectators, and transiting vessels the content of 
these regulations.
    (c) Effective period. This section is in effect from 2 p.m. to 10 
p.m. on June 26 and 27, 1996, and each year thereafter on dates and 
times specified in a Federal Register notice.

[CGD1 89-058, 54 FR 30038, July 18, 1989, as amended by CGDO1-96-016, 61 
FR 26105, May 24, 1996]



Sec. 100.108  Great Kennebec River Whatever Race.

    (a) Regulated Area. That portion of the Kennebec River, extending 
bank to bank, between the Maine Route 126 bridge (at latitude 44-14 
North, longitude 69-46-15 West connecting Randolph and Gardiner, Maine) 
to the U.S. Route 201-202 bridge (at latitude 44-18-43 North, longitude 
69-46-26 West in Augusta, Maine).
    (b) Special Local Regulations. The following requirements will be 
placed on vessels operating within the regulated area during the 
effective period of regulation:
    (1) All persons on board any vessel which does not possess a valid 
state registration or federal documentation shall at all times wear a 
Coast Guard approved Type I, II, or III personal flotation device 
(lifejacket).
    (2) Spectator and/or transiting vessels shall not exceed five (5) 
mph or ``NO WAKE'' speed, whichever is slower.
    (3) All vessels shall exercise extreme caution when operating near 
parade

[[Page 216]]

participants and shall be alert for disabled craft and persons possibly 
falling overboard.
    (4) All vessel operators shall immediately follow any instruction 
given by Coast Guard patrol personnel.
    (5) Coast Guard Auxiliarists will be patrolling the regatta to 
advise participants, spectators, and transiting vessels of the content 
of these regulations.
    (c) Effective period. This section is in effect from 6 a.m. to 6 
p.m. on June 30, 1996, and each year thereafter on a date and times 
specified in a Federal Register notice. If the event is canceled due to 
weather, this section is effective the following day.

[CGD1 89-026, 54 FR 30036, July 18, 1989, as amended by CGDO1-96-016, 61 
FR 26105, May 24, 1996; CGD 96-052, 62 FR 16702, Apr. 8, 1997]



Sec. 100.110   World's Fastest Lobster Boat Race, Jonesport, ME.

    (a) Regulated area. The regulated area includes all waters of 
Moosabec Reach within the following points (NAD 83):


Latitude                             Longitude                          
                                                                        
44 deg.31'36'' N                     067 deg.36'54'' W                  
44 deg.31'48'' N                     067 deg.34'42'' W                  
44 deg.31'36'' N                     067 deg.34'42'' W                  
44 deg.31'18'' N                     067 deg.36'54'' W                  
                                                                        


    (b) Special local regulations. (1) The Coast Guard patrol commander 
may delay, modify, or cancel the race as conditions or circumstances 
require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area unless participating in the event or unless authorized by 
the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit through 
the regulated area should contact the Coast Guard patrol commander on 
VHF Channel 16. In the event of an emergency, the Coast Guard patrol 
commander may authorize a vessel to transit through the regulated area 
with a Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions of 
the on-scene Coast Guard patrol commander. On-scene patrol personnel 
include commissioned, warrant, and petty officers of the U.S. Coast 
Guard. Upon hearing five or more short blasts from a U.S. Coast Guard 
vessel, the operator of a vessel shall proceed as directed. Members of 
the Coast Guard Auxiliary will also be present to inform vessel 
operators of the regulation in this section and other applicable laws.
    (c) Effective period. This section is in effect from 10 a.m. to 1 
p.m. on July 4, 1996, and each year thereafter on a date and times 
published in a Federal Register notice. If the event is canceled due to 
weather, this section is in effect on the day following the published 
effective date.

[CGD01-95-168, 61 FR 21962, May 13, 1996]



Sec. 100.111  Stonington Lobster Boat Races, Stonington, ME.

    (a) Regulated area. The regulated area includes all waters within 
the following points:

Latitude                             Longitude                          
                                                                        
44 deg. 08.57' N                     068 deg. 40.12' W                  
44 deg. 09.05' N                     068 deg. 40.12' W                  
44 deg. 09.15' N                     068 deg. 39.05' W                  
44 deg. 09.05' N                     068 deg. 39.00' W                  
                                                                        

    (b) Special local regulations.
    (1) Commander, U.S. Coast Guard Group Southwest Harbor reserves the 
right to delay, modify, or cancel the race as conditions or 
circumstances require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area during the effective period of regulation unless 
participating in the event or unless authorized by the Coast Guard 
patrol commander.
    (3) Vessels desiring to transit Deer Island Thoroughfare may do so 
without Coast Guard approval as long as the vessel remains outside the 
regulated area at specified times. No vessel will be allowed to transit 
through any portions of the regulated area during the actual race. 
Provisions will be made to allow vessels to transit the regulated area 
between race heats. In the event of an emergency, the Coast Guard patrol 
commander may authorize a vessel to transit through the regulated area 
with a Coast Guard designated escort. Vessels encountering emergencies 
which require transit through the regulated area should contact the 
Coast Guard patrol commander on VHF Channel 16.

[[Page 217]]

    (4) Spectator craft are authorized to watch the race from any area 
as long as they remain outside the designated regulated area. Spectator 
craft are expected to remain outside the regulated area from 10 a.m. to 
4 p.m. unless permission has been granted by the patrol commander.
    (5) All persons and vessels shall comply with the instructions of 
the Commander, U.S. Coast Guard Group Southwest Harbor or the designated 
on-scene patrol commander. On-scene patrol personnel include 
commissioned, warrant, and petty officers of the U.S. Coast Guard. Upon 
hearing five or more short blasts from a U.S. Coast Guard vessel, the 
operator of a vessel shall stop immediately, then proceed as directed. 
Members of the Coast Guard Auxiliary will also be present to inform 
vessel operators of this regulation and other applicable laws.
    (c) Effective period. This section is in effect from 10 a.m. to 4 
p.m. on August 3, 1996, and each year thereafter on a date and times 
specified in a Federal Register notice. If the event is canceled due to 
weather, this section is effective the following day.

[CGD01-95-051, 60 FR 43977, Aug. 24, 1995, as amended by CGDO1-96-016, 
61 FR 26105, May 24, 1996]



Sec. 100.112  Swim the Bay, Narragansett Bay, Narragansett, RI.

    (a) Regulated area. All waters of the East Passage of Narragansett 
Bay within 200 feet of participating competition swimmers.
    (b) Special local regulations. (1) The Coast Guard patrol commander 
may delay, modify, or cancel the race as conditions or circumstances 
require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area unless participating in the event or unless authorized by 
the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit through 
the regulated area should contact the Coast Guard patrol commander on 
VHF Channel 16. In the event of an emergency, the Coast Guard patrol 
commander may authorize a vessel to transit through the regulated area 
with the Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions of 
the Coast Guard on-scene patrol commander. On-scene patrol personnel may 
include commissioned, warrant, and petty officers of the U.S. Coast 
Guard. Upon hearing five or more short blasts from a U.S. Coast Guard 
vessel, the operator of a vessel shall proceed as directed. Members of 
the Coast Guard Auxiliary may also be present to inform vessel operators 
of this regulation and other applicable laws.
    (c) Effective period. This section is effective on July 27, 1996, 
from 10:30 a.m. to 12:30 p.m., and each year thereafter on a date and 
times published in a Federal Register document.

[CGD01-95-170, 61 FR 26104, May 24, 1996]



Sec. 100.113  Provincetown Harbor Swim for Life, Provincetown, MA.

    (a) Regulated Area. All waters of Provincetown Harbor within 200 
feet of participating benefit swimmers.
    (b) Special Local Regulations. (1) The Coast Guard patrol commander 
may delay, modify, or cancel the race as conditions or circumstances 
require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area unless participating in the event or unless authorized by 
the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit through 
the regulated area should contact the Coast Guard patrol commander on 
VHF Channel 16. In the event of an emergency, the Coast Guard patrol 
commander may authorize a vessel to transit through the regulated area 
with a Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions of 
the Coast Guard on-scene patrol commander. On-scene patrol personnel may 
include commissioned, warrant, and petty officers of the U.S. Coast 
Guard. Upon hearing five or more short blasts from a U.S. Coast Guard 
vessel, the operator of a vessel shall proceed as directed. Members of 
the Coast Guard Auxiliary may also be present to inform vessel operators 
of this regulation and other applicable laws.
    (c) Effective period. This section is effective on September 7, 
1996, from 10 a.m. to 4 p.m. and annually thereafter

[[Page 218]]

on a date and times published in a Federal Register document. If the 
event is canceled due to weather, this regulation is effective the 
following day at the same times.

[CGD 01-95-169, 61 FR 45891, Aug. 30, 1996]



Sec. 100.114  First Coast Guard District Fireworks.

    (a) Regulated area. That area of navigable waters within a 500 yard 
radius of the launch platform for each fireworks display listed in Table 
1.

                       Table 1--Fireworks Displays

                                December

1. First Night Fireworks
Sponsor: First Night Inc.
Date: December 31
Location: Boston Inner Harbor, Boston, MA
2. Night Martha's Vineyard
Sponsor: Town of Martha's Vineyard Chamber of Commerce
Date: December 31
Location: Vineyard Haven Harbor, Martha's Vineyard, MA
3. First Night Mystic
Sponsor: Mystic Community Center
Date: December 31
Location: Mystic River, Mystic, CT
4. City of New Bedford First Night
Sponsor: City of New Bedford
Date: December 31
Location: New Bedford Harbor, New Bedford, MA

                                   May

1. Hull Memorial Day Festival
Sponsor: Town of Hull
Date: Memorial Day week or weekend
Location: Nantasket Beach, Hull, MA
2. Ellis Island Medals of Honor Ceremony Fireworks Display
Sponsor: National Ethnic Coalition of Organizations
Date: Third Sunday of May
Location: Upper Bay New York Harbor, New York, NY

                                  June

1. Brick Founders Day Fireworks
Sponsor: Brick Township Chamber of Commerce
Date: First weekend in June
Location: Metedeconk River, Windward Beach, Brick Township, NJ
2. Barnum Festival Fireworks
Sponsor: The Barnum Foundation
Date: A date during the last week of June or first week of July
Location: Location Seaside Park--Bridgeport Harbor, Bridgeport, CT

                                  July

1. Boston Harborfest Fireworks
Sponsor: Harborfest Committee
Date: A date during late June/early July
Location: Boston Inner Harbor, Boston, MA
2. American Legion Post 83 Fireworks
Sponsor: Town of Branford American Legion Post 83
Date: A date during late June/early July
Location: Branford Point, Branford, CT
3. Devon Yacht Club Fireworks
Sponsor: Devon Yacht Club, Amagansett, NY
Date: A date within the first week of July
Location: Devon Yacht Club, Amagansett, NY
4. Hempstead Fireworks
Sponsor: Town of Hempstead, NY
Date: A date within the first week of July
Location: Point Lookout, Hempstead, NY
5. Schooner Days Fireworks
Sponsor: Town of Rockland Chamber of Commerce
Date: A date within the first two weeks of July
Location: Rockland Harbor, Rockland, ME
6. Summer Music Fireworks
Sponsor: Summer Music, Inc.
Date: On or about July 3
Location: Niantic River, Harkness Park, Waterford, CT
7. Bangor Fireworks
Sponsor: Bangor 4th of July Corporation
Date: On or about July 4
Location: Bangor/Brewer waterfront, ME
8. Bar Harbor Fireworks
Sponsor: Bar Harbor Chamber of Commerce
Date: On or about July 4
Location: Bar Harbor/Bar Island, ME
9. Stewarts 4th of July Fireworks Display
Sponsor: W. P. Stewart

[[Page 219]]

Date: On or about July 4
Location: Somes Sound, Northeast Harbor, ME
10. Walsh's Fireworks
Sponsor: Mr. Patrick Walsh
Date: On or about July 4
Location: Union River Bay, ME
11. Colchester Bay, VT
Sponsor: Town of Colchester Parks and Recreation Dept.
Date: On or about July 4
Location: Malletts Bay, Lake Champlain, Colchester, VT
12. Town of Barnstable Fireworks
Sponsor: Town of Barnstable
Date: On or about July 4
Location: Dunbar Point/Kalmus Beach, Barnstable, MA
13. Fourth of July Celebration
Sponsor: Farms-Pride 4th of July Committee, Inc.
Date: On or about July 4
Location: West Beach, Manchester Bay, Beverly Farms, MA
14. Edgartown Fireworks
Sponsor: Edgartown Firefighters Association
Date: On or about July 4
Location: Edgartown Harbor, Edgartown, MA
15. Falmouth Fireworks
Sponsor: Falmouth Fireworks Committee
Date: On or about July 4
Location: Falmouth Harbor, .25 nm east of buoy #16, Falmouth, MA
16. Gloucester Fireworks
Sponsor: Gloucester Chamber of Commerce
Date: On or about July 4
Location: Gloucester Harbor, Gloucester, MA
17. Marion Fireworks
Sponsor: Town of Marion Fireworks Committee
Date: On or about July 4
Location: Silver Shell Beach, Marion, MA
18. City of New Bedford Fireworks
Sponsor: City of New Beford
Date: On or about July 4
Location: New Bedford Harbor, New Bedford, MA
19. Onset Fireworks
Sponsor: Prudential Commerce Onset Fire District
Date: On or about July 4
Location: Onset Harbor, Onset, MA
20. Plymouth Fireworks Display
Sponsor: July Four Plymouth Inc.
Date: On or about July 4
Location: Plymouth Harbor, Plymouth, MA
21. Wellfleet Fireworks
Sponsor: Wellfleet Fireworks Committee
Date: On or about July 4
Location: Indian Neck Jetty, Wellfleet, MA
22. Weymouth 4th of July Fireworks
Sponsor: Town of Weymouth Harbormaster
Date: On or about July 4
Location: Weymouth Fore River, Weymouth, MA
23. Yarmouth-Dennis Fireworks
Sponsor: Yarmouth-Dennis Chamber of Commerce
Date: On or about July 4
Location: Nautucket Sound, east of channel entrance to Bass River, 
    Yarmouth, MA
24. Bristol 4th of July Fireworks
Sponsor: Bristol Fourth of July Committee
Date: On or about July 4
Location: Bristol Harbor, Bristol, RI
25. Oyster Harbor Club Fourth of July Festival
Sponsor: Oyster Harbor Club, Inc.
Date: On or about July 4
Location: Tim's Cove, North Bay, Osterville, RI
26. Shooters Independence Day
Sponsor: Shooters Waterfront Cafe USA
Date: On or about July 4
Location: Providence River off India Point Park, Providence, RI
27. Tiverton Waterfront Festival
Sponsor: Tiverton Waterfront Festival Committee
Date: On or about July 4
Location: Grinnel's Beach, Sakonnet River, Tiverton, RI
28. Fairfield Aerial Fireworks
Sponsor: Fairfield Park Commission
Date: On or about July 4
Location: Jennings Beach, Long Island Sound, Fairfield, CT
29. Subfest Fireworks
Sponsor: U.S. Naval Submarine Base
Date: On or about July 4
Location: Thames River, Groton, CT
30. Middletown Fireworks
Sponsor: City of Middletown
Date: On or about July 4
Location: Connecticut River, Middletown, CT

[[Page 220]]

31. Hartford Riverfest
Sponsor: July 4th Riverfest, Inc.
Date: On or about July 4
Location: Connecticut River, Hartford, CT
32. City of Norwalk Fireworks
Sponsor: Norwalk Recreation and Parks Department
Date: On or about July 4
Location: Calf Pasture Beach, Long Island Sound, Norwalk, CT
33. Norwich American Wharf Fireworks
Sponsor: American Wharf Marina
Date: On or about July 4
Location: Norwich Harbor, Norwich, CT
34. Old Lyme Fireworks
Sponsor: Mr. James R. Rice
Date: On or about July 4
Location: South View Beach, Long Island Sound, Old Lyme, CT
35. Stratford Fireworks
Sponsor: Town of Stratford
Date: On or about July 4
Location: Short Beach, Stratford, CT
36. Westport P.A.L. Fireworks
Sponsor: Westport Police Athletic League
Date: On or about July 4
Location: Compo Beach, Westport, CT
37. Bayville Crescent Club Fireworks
Sponsor: Bayville Crescent Club, Bayville, NY
Date: On or about July 4
Location: Cooper Bluff, Cove Neck, NY
38. Montauk Independence Day
Sponsor: Montauk Chamber of Commerce
Date: On or about July 4
Location: Montauk Town Beach, Montauk, NY
39. Dolan Family Fireworks
Sponsor: Mr. Charles F. Dolan
Date: On or about July 4
Location: Cove Point, Oyster Bay, NY
40. Jones Beach State Park Fireworks
Sponsor: Long Island State Park Administration Headquarters
Date: On or about July 4
Location: Fishing Pier, Jones Beach State Park, Wantagh, NY
41. Staten Island's 4th of July
Sponsor: Borough of Staten Island
Date: On or about July 4
Location: Raritan Bay, vicinity of federal anchorages 44 and 45, Ward 
    Point Bend, NY/NJ
42. Fireworks on the Navesink
Sponsor: Red Bank Fireworks Committee
Date: On or about July 4
Location: Navesink River, 4 nm WSW Oceanic Bridge, Red Bank, NJ
43. Brick Summerfest Fireworks
Sponsor: Brick Township Chamber of Commerce
Date: On or about July 4
Location: Metedeconk River, Windward Beach, Brick Township, NJ
44. Thames River Fireworks
Sponsor: Town of Groton
Date: Weekend following July 4
Location: Thames River, off Electric Boat, Groton, CT
45. Stamford Fireworks
Sponsor: City of Stamford
Date: A date within first two weeks of July
Location: Westcott Cove, Stamford, CT
46. Town of Babylon Fireworks
Sponsor: Town of Babylon, NY
Date: A date within the first two weeks of July
Location: Nezeras Island, Babylon, NY
47. Boys Harbor Fireworks Extravaganza
Sponsor: Boys Harbor Inc.
Date: Second or third weekend in July
Location: Three Mile Harbor, East Hampton, NY
48. Belfast Fireworks
Sponsor: Belfast Bay Festival Committee
Date: Third Saturday in July
Location: Belfast Bay, ME

                                 August

1. National Night Out Against Crime
Sponsor: 100th Precinct Community Council
Date: First Tuesday of August
Location: Rockaway Park, Rockaway Beach, NY
2. Summer Music Fireworks
Sponsor: Summer Music Inc.
Date: On or about August 3
Location: Niantic River, Harkness Park, Waterford, CT
3. Hartford Riverfront Regatta
Sponsor: Riverfront Recapture Inc.
Date: First or second weekend in August
Location: Connecticut River, Hartford, CT
4. Fall River Celebrates America Fireworks
Sponsor: Fall River Chamber of Commerce
Date: Second Saturday in August

[[Page 221]]

Location: Taunton River, vicinity of bouy #17, Fall River, MA
5. Summer Music Fireworks
Sponsor: Summer Music Inc.
Date: On or about August 23
Location: Niantic River, Harkness Park, Waterford, CT
6. Oaks Bluff Fireworks
Sponsor: Oaks Bluff Fireman's Civic Association
Date: A date during the last two weeks in August
Location: Oaks Bluff Beach, Oaks Bluff, MA
7. Camden Fireworks Display
Sponsor: Town of Camden Chamber of Commerce
Date: Labor Day weekend
Location: Camden Harbor, Camden, ME
8. Gloucester Fireworks
Sponsor: Gloucester Chamber of Commerce
Date: Labor Day holiday weekend
Location: Gloucester Harbor, Gloucester, MA
9. Salute to Summer
Sponsor: Naval Education and Training Center
Date: Friday of weekend preceding Labor Day holiday weekend
Location: Narragansett Bay, East Passage, off Coasters Harbor Island, 
    Newport, RI
10. Norwich Harbor Day Fireworks
Sponsor: Harbor Day Committee
Date: Last Sunday in August
Location: Norwich Harbor, off American Wharf Marina, Norwich, CT

                                September

1. Grand Fiesta Italiana
Sponsor: Sons of Italy, Port Washington, NY
Date: First Saturday following Labor Day
Location: Hempstead Harbor, Hempstead, NY
2. Taste of Italy
Sponsor: Italian Heritage Committee
Date: Weekend following Labor Day holiday weekend
Location: Norwich Harbor, off Norwich Marina, Norwich, CT
3. Norwalk Oyster Festival Fireworks
Sponsor: Norwalk Seaport Association
Date: A date within the first two weekends of September
Location: Norwalk Harbor, Norwalk, CT
4. Anniversary Fireworks
Sponsor: Town of Chilmark
Date: On or about 14 September
Location: Menemsha Beach, Chilmark, MA
5. City of Yonkers Fireworks
Sponsor: City of Yonkers
Date: Third Saturday of September
Location: Hudson River, Yonkers, NY
6. City of Yonkers Fireworks
Sponsor: City of Yonkers
Date: A date during the second or third weekend of September
Location: Hudson River
7. Cow Harbor Day Fireworks
Sponsor: Village of Northport Harbor
Date: A date within last two weekends of September
Location: Sand Pit, Northport Harbor, Northport, NY
8. Rensselaer Festival
Sponsor: City of Rensselaer
Date: A date during the second or third weekend in September
Location: Hudson River, Rensselaer, NY
9. Deepavali Festival
Sponsor: Association of Indians in America, Inc.
Date: A day during last week of September or first week of October
Location: East River, Manhattan, NY

    (b) Special local regulations.
    (1) No person or vessel may enter, transit, or remain within the 
regulated area during the effective period of regulation unless 
authorized by the Coast Guard patrol commander.
    (2) Vessels encountering emergencies which require transit through 
the regulated area should contact the Coast Guard patrol commander on 
VHF Channel 16. In the event of an emergency, the Coast Guard patrol 
commander may authorize a vessel to transit through the regulated area 
with a Coast Guard designated escort.
    (3) All persons and vessels shall comply with the instructions of 
the Coast Guard on-scene patrol commander. On-scene patrol personnel may 
include commissioned, warrant, and petty officers of the U.S. Coast 
Guard. Upon hearing five or more short blasts from a U.S. Coast Guard 
vessel, the operator of a vessel shall proceed as directed. Members of 
the Coast Guard Auxiliary may also be present to inform vessel

[[Page 222]]

operators of this regulation and other applicable laws.
    (c) Effective dates. This section is in effect from one hour before 
the scheduled start of the event until thirty minutes after the last 
firework is exploded for each event listed in Table One on the Dates and 
times specified in a Federal Register document.

[CGD01-96-011, 61 FR 32329, June 24, 1996; as amended by CGD01-97-009, 
62 FR 30989, June 6, 1997 ]



Sec. 100.118  Searsport Lobster Boat Races, Searsport Harbor, ME.

    (a) Regulated Area. The regulated area includes all waters of 
Searsport Harbor, ME, within the following points (NAD 83):


Latitude                             Longitude                          
                                                                        
44 deg.26'51'' N                     068 deg.54'20'' W                  
44 deg.27'03'' N                     068 deg.54'20'' W                  
44 deg.27'03'' N                     068 deg.55'17'' W                  
44 deg.26'51'' N                     068 deg.55'17'' W                  
                                                                        

    (b) Special Local Regulations. (1) The Coast Guard patrol commander 
may delay, modify, or cancel the race as conditions or circumstances 
require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area unless participating in the event or unless authorized by 
the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit through 
the regulated area should contact the Coast Guard patrol commander on 
VHF Channel 16. In the event of an emergency, the Coast Guard patrol 
commander may authorize a vessel to transit through the regulated area 
with a Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions of 
the Coast Guard on-scene patrol commander. On-scene patrol personnel may 
include commissioned, warrant, and petty officers of the U.S. Coast 
Guard. Upon hearing five or more short blasts from a U.S. Coast Guard 
vessel, the operator of a vessel shall proceed as directed. Members of 
the Coast Guard Auxiliary may also be present to inform vessel operators 
of this regulation and other applicable laws.
    (c) Effective period. This section is in effect on August 24, 1996, 
and each year thereafter on the fourth Saturday in August. If the event 
is canceled due to weather, this section is effective the following day.

[CGD 01-96-022, 61 FR 59024, Nov. 20, 1996]



Sec. 100.119  Newport-Bermuda Regatta, Narragansett Bay, Newport, RI

    (a) Regulated area. The regulated area includes all waters of 
Narragansett Bay, Newport, RI, within the following points (NAD 83):


Latitude                             Longitude                          
41 deg.27'51'' N                     071 deg.22'14'' W                  
41 deg.27'24'' N                     071 deg.21'57'' W                  
41 deg.27'09'' N                     071 deg.22'39'' W                  
41 deg.27'36'' N                     072 deg.22'55'' W                  
                                                                        


In the event that weather conditions prohibit a safe race start within 
the approach to Newport Harbor, the race will begin offshore and the 
following regulated area applies (NAD 83):


Latitude                             Longitude                          
41 deg.26'04'' N                     071 deg.22'16'' W                  
41 deg.25'36'' N                     071 deg.21'58'' W                  
41 deg.25'45'' N                     071 deg.22'40'' W                  
41 deg.25'49'' N                     071 deg.22'56'' W                  
                                                                        


    (b) Special local regulations.
    (1) The Coast Guard patrol commander may delay, modify, or cancel 
the race as conditions or circumstances require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area unless participating in the event or unless authorized by 
the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit through 
the regulated area should contact the Coast Guard patrol commander on 
VHF Channel 16. In the event of an emergency, the Coast Guard patrol 
commander may authorize a vessel to transit through the regulated area 
with a Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions of 
the Coast Guard on-scene patrol commander. On-scene patrol personnel may 
include commissioned, warrant, and petty officers of the U.S. Coast 
Guard. Upon hearing five or more short blasts from a U.S. Coast Guard 
vessel, the operator of a vessel shall proceed as directed.

[[Page 223]]

Members of the Coast Guard Auxiliary may also be present to inform 
vessel operators of this regulation and other applicable laws.
    (c) Effective date. This section is in effect on June 21, 1996, from 
10:00 a.m. to 3:30 p.m., and biennially thereafter on a date and times 
published in a Federal Register document.

[CGD01-96-025, 61 FR 32332, June 24, 1996]



Sec. 100.201  Annual marine events within the Second Coast Guard District.

    (a) Permanent special local regulations are hereby established for 
the marine events listed in Table 1. These regulations will be effective 
annually within the zones and on the approximate dates and times as 
indicated in Table One. Additional information concerning each event, 
including dates, times, locations, and event descriptions, will be 
published in the Federal Register and in Local Notices to Mariners. To 
be placed on the mailing list for Local Notices to Mariners, contact: 
Commander (oan), Second Coast Guard District, 1222 Spruce Street, St. 
Louis, Missouri, 63103-2832.
    (b) Special Local Regulations. (1) The U.S. Coast Guard and U.S. 
Coast Guard Auxiliary will patrol the regulated area under the direction 
of a designated Coast Guard Patrol Commander. The Patrol Commander may 
be contacted on Channel 16 (156.8 MHZ) by the call sign ``COAST GUARD 
PATROL COMMANDER.'' Vessels desiring to transit the regulated area may 
do so only with the prior approval of the Patrol Commander and when so 
directed by that officer. Vessels granted permission to transit the 
regulated area are to do so at `no wake' speed. The above restrictions 
shall not apply to event participants or patrol vessels performing 
assigned duties.
    (2) The Patrol Commander may direct the anchoring, mooring or 
movement of any vessel within the regulated area. A succession of sharp, 
short blasts by whistle or horn from a designated patrol vessel shall be 
the signal to stop. Failure or refusal to stop or comply with orders of 
the Patrol Commander may result in expulsion from the area, citation for 
failure or refusal to comply, or both.
    (3) The Patrol Commander may establish vessel size and speed 
limitations and operating conditions.
    (4) The Patrol Commander may restrict vessel operation within the 
regulated area to vessels having particular operating characteristics.
    (5) The Patrol Commander may terminate the marine event or the 
operation of any vessel at any time it is deemed necessary for the 
protection of life and property.
    (6) The Patrol Commander will terminate enforcement of the special 
regulations at the conclusion of the marine event if earlier than the 
announced termination time.
    (c) Effective dates: The effective dates and times for each 
regulation will be published in the Federal Register and published and 
broadcast in Local Notices to Mariners. All times listed will represent 
local times.
    (d) Duration of closure: During these events the river will be 
closed during portions of the effective periods to all vessel traffic 
except participants, official regatta vessels and patrol craft. Actual 
river closures will not exceed three hours in duration. Mariners will be 
afforded enough time between closure periods to transit the area.

                                Table One

1. Thunder Over Louisville
    Sponsor: Visual Presentations
    Date: Mid April (Saturday, two weeks before KY Derby)
    Location: From Falls to Kennedy Bridge (must remain free of boats 7-
10 p.m.) Ohio River mile 603.2-604.3, Louisville, KY

2. KY Derby Festival Great Steamboat Race
    Sponsor: Kentucky Derby Festival/Belle of Louisville Operating Board
    Date: Late April/Early May (one week before KY Derby)
    Location: Ohio River mile 604.0-597.0, Louisville, KY

3. Memphis in May Canoe & Kayak Race
    Sponsor: Outdoors Inc.
    Date: First or second Saturday in May
    Location: Lower Mississippi River mile 738.5-735.5, Memphis, TN

4. Three Rivers Festival and Regatta

[[Page 224]]

    Sponsor: Three Rivers Festival and Regatta
    Date: Late May (two day event)
    Location: Paletine Park Everest Drive/Water Street-Monongahela River 
mile 126.0-128.73, Fairmont, WV

5. Riverfest (Little Rock, AR)
    Sponsor: Riverfest, Inc.
    Date: Late May (Sunday before Memorial Day)
    Location: Main St. Bridge-Arkansas River mile 118.0-119.5, Little 
Rock, AR

6. Quad City River Bandits
    Sponsor: Quad City River Bandits Baseball Club
    Date: Late May (one day event)
    Location: 209 Gaines Street--River front-Upper Mississippi River 
mile 482.0-482.5, Davenport, IA

7. Cape Girardeau Riverfest
    Sponsor: Cape Girardeau Riverfest Association
    Date: Mid June (two day event)
    Location: Over the river, along the riverfront, downtown Cape 
Girardeau-Upper Mississippi River mile 51.5-52.5, Cape Girardeau, MO

8. Peoria Steamboat Days
    Sponsor: Peoria Area Community Events, Inc.
    Date: Mid June (four day event)
    Location: Illinois River mile 162.0-163.0, Peoria, IL

9. St. Albans FOP ``Say No To Drugs'' Fireworks
    Sponsor: St. Albans FOP
    Date: Mid June (one day event)
    Location: Kanawha River mile 46.0-47.0 at St. Albans Roadside Park, 
St. Albans, WV

10. Riverfest Fireworks Display
    Sponsor: Old Fort Riverfest Committee
    Date: Saturday, Mid June
    Location: Arkansas River mile 297.0-298.0, Fort Smith, AR

11. Burlington Steamboat Days
    Sponsor: Burlington Steamboat Days
    Date: Late June (one day event)
    Location: Upper Mississippi River mile 403.5-404.5, Burlington, IA

12. Freedom Festival's Thunder on the Ohio
    Sponsor: Evansville Freedom Festival
    Date: Late June (three day event)
    Location: Ohio River mile 792.0-793.0, Evansville, IN

13. Riverfest (Pt. Pleasant, WV)
    Sponsor: City of Point Pleasant
    Date: Saturday, late June
    Location: Mouth of the Kanawha River mile 0.5 to Ohio River mile 
265.0, Point Pleasant, WV

14. Sternwheel Regatta
    Sponsor: City of Augusta
    Date: Saturday, late June
    Location: Waterfront-Ohio River mile 426.0-429.0, Augusta, KY

15. City of Pittsburgh Independence Eve Celebration
    Sponsor: Citiparks
    Date: Early July (one day event)
    Location: Point State Park, Pittsburgh, PA 15219

16. Ashland Tri-State Fair and Regatta
    Sponsor: Tri-State Fair and Regatta
    Date: Early July (four day event, including weekend near Fourth of 
July)
    Location: Ashland Public Boat Dock-Ohio River mile 322.0-323.0, 
Huntington, WV

17. Riverfest, Inc. (La Crosse, WI)
    Sponsor: Riverfest, Inc.
    Date: Early July (five day event, including weekend near Fourth of 
July)
    Location: Riverside Park, La Crosse-Upper Mississippi River mile 
697.5-698.5, La Crosse, WI

18. Huntington Pops Orchestra Concert
    Sponsor: The Twentieth Street Bank
    Date: Early July (one day event)
    Location: Harris Riverfront Ampitheatre-Ohio River mile 308.0-309.5, 
Huntington, WV

19. July 4th Fireworks
    Sponsor: KDTH/KATF Radio
    Date: Fourth of July
    Location: Dubuque, Iowa Volunteer Road between Hawthorne & Lime-
Upper Mississippi River mile 581.5-583.0, Dubuque, IA

20. Moline Riverfest
    Sponsor: City of Moline
    Date: Early July (three day event including weekend near the Fourth 
of July
    Location: City of Moline-Upper Mississippi River mile 486.0-488.0, 
Moline, IL

21. Budweiser Indiana Governor's Cup

[[Page 225]]

    Sponsor: Madison Regatta, Inc.
    Date: Early July (two day event including weekend near the Fourth of 
July
    Location: Ohio River mile 557.0-558.0, Madison, IN

22. Owensboro Summer Festival
    Sponsor: Owensboro Summer Festival, Inc.
    Date: Fourth of July
    Location: Boat Dock at Foot of Frederica St.-Ohio River mile 756.5-
758.0, Owensboro, KY

23. Skyconcert--4th of July Celebration
    Sponsor: WKZW
    Date: Fourth of July
    Location: Illinois River mile 162.0-163.0, Peoria, IL

24. Riverfest (Fort Madison, IA)
    Sponsor: Rivercities Fireworks Corp.
    Date: Fourth of July
    Location: Upper Mississippi River mile 202.5-203.2, Fort Madison, IA

25. Fireworks Display (Buchanan, TN)
    Sponsor: Tennessee Dept. of Environment & Conservation Division of 
Parks & Recreation
    Date: Fourth of July
    Location: Tennessee River mile 66.0-67.0, Buchanan, TN

26. Muscatine 4th of July Fireworks
    Sponsor: Muscatine Jaycees
    Date: Fourth of July
    Location: Illinois side of River on shore-Upper Mississippi River 
mile 450.5-451.5, Muscatine, IA

27. Star Spangled Celebration
    Sponsor: WMC Stations
    Date: Fourth of July
    Location: Mud Island (West side of Southern Tip) Audience on Tom Lee 
Park/Riverside Drive-Lower Mississippi River mile 735.5-736.5, Memphis, 
TN

28. Fourth of July Fireworks Display
    Sponsor: Charleston Festival Commission, Inc.
    Date: Fourth of July
    Location: Ohio River mile 59.9-61.2

29. July 4th Concert
    Sponsor: Cincinnati Symphony Orchestra
    Date: Forth of July
    Location: Riverbend Music Center-Ohio River mile 460.5-461.5, 
Cincinnati, OH

30. St. Charles Jaycees Riverfest 1993 Fireworks Show
    Sponsor: St. Charles Jaycees
    Date: Fourth of July
    Location: Missouri River mile 28.0-29.0, St. Charles, MO

31. Spirit of Freedom Celebration
    Sponsor: WLAY Radio
    Date: Fourth of July
    Location: Tennessee River mile 255.5-256.5, Sheffield, AL

32. 4th of July Fireworks
    Sponsor: MPLS Park & Rec. Board
    Date: Fourth of July
    Location: Upper Mississippi River mile 854.0-854.1, MPLS, MN

33. Venetian Night Lighted Boat Parade
    Sponsor: Quad City Venetian Night Committee
    Date: Fourth of July
    Location: Upper Mississippi River mile 483.0-488.0, Geneseo, IL

34. National Association of Counties--Riverside Gala Fireworks Display
    Sponsor: Hennepin County--Nat'l Assoc. of Counties Annual Meeting
    Date: Early July (one day event)
    Location: Nicollet Island Park-Upper Mississippi River mile 854.5-
854.6, Minneapolis, MN

35. 10th Annual Steubenville Regatta
    Sponsor: Steubenville Regatta and Racing Association, Inc.
    Date: Mid July (three day event)
    Location: Ohio River mile 65.0-67.0, Steubenville, OH

36. New Haven, MO Boat Race
    Sponsor: St. Louis Outboard Drivers Association
    Date: Mid July (one day event)
    Location: Missouri River mile 81.0-82.0, New Haven, MO

37. Minneapolis Aquatennial Power Boat Grand
    Sponsor: Minneapolis Aquatennial Association
    Date: Mid July (two day, weekend event)
    Location: Plymouth Ave. Bridge to Railroad Bridge-Upper Mississippi 
River mile 855.0-855.8, Minneapolis, MN

38. Hastings Flotilla Frolic
    Sponsor: Hastings Flotilla Frolic Association
    Date: Mid July (one day event)
    Location: Upper Mississippi River mile 813.0-814.3, Hastings, MN


[[Page 226]]


39. Fireworks/Budweiser World Point Jet Ski Race/Huntington Miller 
Classic & Testing
    Sponsor: Tri-State Fair and Regatta
    Date: Mid July (five day event)
    Location: Ohio River mile 308.0-309.0, Huntington, WV

40. Dragon Boat Races
    Sponsor: Stillwater Area Chamber of Commerce
    Date: Late July (last or next-to-last weekend)
    Location: St. Croix River mile 21.0-23.7, Stillwater, MN

41. Wabasha Riverboat Day
    Sponsor: Wabasha Area Chamber of Commerce
    Date: Late July (one day event)
    Location: Upper Mississippi River mile 759.5-760.5, Wabasha, MN

42. Rivercase Fireworks
    Sponsor: Rivercade
    Date: Late July (one day event)
    Location: Missouri River mile 727.5-728.5, Sioux City, IA

43. Oakmont Yacht Club Regatta
    Sponsor: Oakmont Yacht Club
    Date: Late July/early August (three day event)
    Location: 11th Washington Avenue-Allegheny River mile 12.0-13.0, 
Oakmont, PA

44. Mississippi Annual Down River Adventure by Canoe (MADRAC)
    Sponsor: Mississippi River Adventures
    Date: Early August (eight day event)
    Location: Bellevue, IA to Burlington, IA-Upper Mississippi River 
mile 309.0-455.5, Coralville, IA

45. Great River Tug
    Sponsor: Great River Tug
    Date: Early August (two day event)
    Location: Upper Mississippi River mile 496.5-497.5, LeClaire, IA

46. Fireworks
    Sponsor: Red Wing Jaycees
    Date: Early August (one day event)
    Location: Upper Mississippi River mile 790.0-794.0, Red Wing, MN

47. Pittsburgh Three Rivers Regatta
    Sponsor: Pittsburgh Three Rivers Regatta, Inc.
    Date: Early August (four day event)
    Location: One mile around point at confluence of Allegheny, 
Monongahela and Ohio River. Allegheny River mile 0.0-1.0, Ohio River 
mile 0.0-0.8 and Monongahela River mile 0.0-0.8, Pittsburgh, PA

48. Peace Float
    Sponsor: City of St. Paul, MN
    Date: Early August (one day event)
    Location: Harriet Island-Upper Mississippi River mile 839.6-839.7, 
St. Paul, MN

49. Lansing Fish Days Canoe Race
    Sponsor: Lansing Lions Club
    Date: Mid August (one day event)
    Location: Upper Mississippi River mile 662.5-664.0, Lansing, IA

50. Rollin on the River
    Sponsor: Rollin On The River
    Date: Mid August (one day event)
    Location: Victory Park-Upper Mississippi River mile 363.0-365.0, 
Keokuk, IA

51. Parkersburg Homecoming Festival
    Sponsor: Parkersburg Homecoming Festival
    Date: Mid August (three day event)
    Location: Downtown Parkersburg-Ohio River & Little Kanawha River 
mile 184.0-185.0, Parkersburg, WV

52. Kentucky Derby
    Sponsor: Salvation Army Boys and Girls Club
    Date: Mid August (one day event)
    Location: Ohio River mile 603.5-604.5, Louisville, KY

53. Fernbank Regatta
    Sponsor: Ohio Valley Motor Boat Racing Association
    Date: Mid August (one day event)
    Location: Old Fernbank Dam Park, Ohio River mile 482.0-483.2, 
Cincinnati, OH

54. 2nd Annual Tennessee River Drag Boat Race
    Sponsor: Clifton Rotary Club
    Date: Mid August (one day event)
    Location: Tennessee River mile 155.0-158.0, (Kentucky Lake) Clifton, 
TN

55. Great River Days Limited
    Sponsor: Great River Days Limited
    Date: Mid August (one day event)
    Location: Illinois side of river on shore-Upper Mississippi River 
mile 451.0-451.1, Muscatine, IA

56. Bud Light Championship Grand Prix
    Sponsor: Concord Village Lions Club
    Date: Mid August (three day event)
    Location: Meramec River at George Winter Park mile 14.0-16.0, 
Fenton, MO


[[Page 227]]


57. Muscatine Great River Days Regatta
    Sponsor: Muscatinee Great River Days
    Date: Mid August (one day event)
    Location: Upper Mississippi River mile 457.0-457.1, Muscatine, IA

58. Kittanning Rotary Regatta
    Sponsor: Kittanning Rotary
    Date: Mid August (two day event)
    Location: Allegheny River mile 44.0-45.0, Ford City, PA

59. Monongahela River Festival
    Sponsor: Monongahela River Festival
    Date: Late August (three day event)
    Location: Aquatorium/Monongahela River mile 31.5-32.0 North Bank, 
Monongahela, PA

60. Beaver County River Regatta
    Sponsor: Beaver County River Regatta, Inc.
    Date: Late August (three day event)
    Location: Beaver River, mile 00.0-2.0, Bridgewater, PA

61. 22nd Annual Charleston Sternwheel Regatta
    Sponsor: Kanawha River Navy Charleston Festival Commission, Inc
    Date: Late August/early September (ten day event)
    Location: Great Kanawha River mile 57.5-61.5

62. New Richmond Riverfest
    Sponsor: New Richmond Riverfest
    Date: Late August (one day event)
    Location: Ohio River mile 449.0-450.6, New Richmond, OH

63. Labor Day Bash
    Sponsor: City of Maxsville 7 Maxsville-Mason Co. Tourism
    Date: Saturday before Labor Day
    Location: Ohio River mile 407.0-409.0, Maxsville, KY

64. Double Iron Triathlon
    Sponsor: Ray & Nancy Sheppart
    Date: Sunday before Labor Day
    Location: Tennessee River mile 330.0-334.3, Huntsville, AL

65. Portsmouth Riverdays
    Sponsor: Portsmouth Riverdays, Inc.
    Date: Sunday before Labor Day
    Location: Ohio River mile 355.5-357.0, Portsmouth, OH

66. Budweiser/Jesse Brent Memorial Boat Racing Assoc.
    Sponsor: Budweiser/Jessee Brent Memorial Boat Racing Assoc.
    Date: Sunday before Labor Day
    Location: Lake Ferguson-Lower Mississippi River mile 522.0-537.0, 
Greensville, MS

67. Toyota/WEBN Fireworks
    Sponsor: WEBN
    Date: Sunday before Labor Day
    Location: Between U.S. 27, L & N - I-471 Bridges-Ohio River mile 
469.0-470.0, Cincinnati, OH

68. The Great Missouri River Raft Regatta
    Sponsor: The Great Missouri River Raft Regatta, Inc.
    Date: Sunday before Labor Day
    Location: Missouri River mile 627.5 - 601.0, Omaha, NE

69. Portsmouth Riverdays Hydroplane Regatta
    Sponsor: Portsmouth Riverdays Inc.
    Date: Sunday before Labor Day and Labor Day
    Location: Ohio River mile 355.5-357.0, Portsmouth, OH

70. Aspinwall Centennial Air Show
    Sponsor: Aspinwall Centennial Committee
    Date: Labor Day
    Location: Lock & Dam 2--Allegheny River mile 6.7-7.5, Aspinwall, PA

71. The Steamboat Days Festival
    Sponsor: Steamboat Days Festival Committee
    Date: Mid September (one day event)
    Location: Ohio River mile 602.0-603.0, Jeffersonville, IN

72. Kentuckiana Powerboat Classic
    Sponsor: Bridge The Gap, Inc.
    Date: Mid September (three day event)
    Location: Between Clark Memorial and Kennedy Bridges--Ohio River 
mile 602.5-603.0

73. Ohio River Sternwheel Festival
    Sponsor: Ohio River Sternwheel Festival
    Date: Mid September (three day event)
    Location: Ohio River mile 170.8-171.9, Marietta, OH

74. Riverfront Pops Concert
    Sponsor: Quad City Symphony Orchestra Association
    Date: Mid September (one day event)
    Location: LeClaire Park--Upper Mississippi River mile 496.5-497.5, 
Davenport, IA

75. Cincinnati Reds--Kraft

[[Page 228]]

    Sponsor: The Cincinnati Reds
    Date: Mid September (one day event)
    Location: Riverfront Stadium--Ohio River mile 469.8-470.4, 
Cincinnati, OH

76. Ashland Area Jaycees Flote Bote Race
    Sponsor: Ashland Area Jacycees
    Date: Mid September (one day event)
    Location: Ashland Boat Ramp to Ironton Boat Ramp--Ohio River mile 
322.8-327.4, Ashland, KY

77. Dardenne Boat Races
    Sponsor: Dardenne Slough Race Association
    Date: Mid September (two day event)
    Location: Upper Mississippi River mile 224.0-228.5, St. Louis, MO

78. Head of the Des Moines Rowing Regatta
    Sponsor: Des Moines Rowing Club
    Date: Late September (one day event)
    Location: Des Moines River--Botanical Center to Prospect, Des 
Moines, IA

79. Head of the Ohio
    Sponsor: Pittsburgh Mercy Foundation
    Date: Late September (one day event)
    Location: Allegheny River mile 0.0-3.3, Pittsburgh, PA

80. PSA Fall Race Series
    Sponsor: Pickwick Sailing Association
    Date: Early October (two day event)
    Location: Pickwick Lake-Tennessee River 209.0-218.0, Cordova, TN

81. Head of the Mississippi Regatta
    Sponsor: Minneapolis Rowing Club
    Date: Early October (one day event)
    Location: Upper Mississippi River mile 850.0-853.0, Minneapolis, MN

82. Big Bend Sternwheel Festival
    Sponsor: Big Bend Sternwheel Assn.
    Date: Mid October (one day event)
    Location: Ohio River mile 248.5-249.5, Pomeroy, OH

83. Great River Race
    Sponsor: Browns Creek Sailing Assn.
    Date: Mid October (two day event)
    Location: Guntersville Lake-Tennessee River mile 352.0-365.0, 
Huntsville, AL

84. Tall Stacks 1993
    Sponsor: Tall Stacks 1993
    Date: Mid October (six day event)
    Location: Ohio River mile 469.0-471.0, Cincinnati, OH

85. Fleur De Lis Regatta
    Sponsor: City of Louisville Board of Alderman
    Date: Mid October (two day event)
    Location: Ohio River mile 602.0-604.0, Louisville, KY

86. Fall Color Cruise
    Sponsor: Alhambra Shrine
    Date: Late October/early November (two day event)
    Location: Tennessee River mile 425.0-471.0, Chattanooga, TN

87. Head of the Tennessee Regatta
    Sponsor: Knoxville Rowing Association
    Date: Late October (one day event)
    Location: Fort Loudon Lake 641.5-645.0, Alcoa Highway Bridge to 
Sequoyah Park, Knoxville, TN.

[CGD2-90-02, 55 FR 24229, June 15, 1990, as amended by CGD2-92-03, 57 FR 
21211, May 19, 1992; CGD2-93-02, 58 FR 26428, May 3, 1993]



Sec. 100.501  Norfolk Harbor, Elizabeth River, Norfolk, Virginia and Portsmouth, Virginia.

    (a) Definitions--(1) Regulated area. The waters of the Elizabeth 
River and its branches from shore to shore, bounded to the northwest by 
a line drawn across the Port Norfolk Reach section of the Elizabeth 
River between the northern corner of the landing at Hospital Point, 
Portsmouth, Virginia, latitude 36 deg.50'51.0'' North, longitude 
76 deg.18'09.0'' West and the north corner of the City of Norfolk 
Mooring Pier at the foot of Brooks Avenue located at latitude 
36 deg.51'00.0'' North, longitude 76 deg.17'52.0'' West; bounded on the 
southwest by a line drawn from the southern corner of the landing at 
Hospital Point, Portsmouth, Virginia, at latitude 36 deg.50'50.0'' 
North, longitude 76 deg.18'10.0'' West, to the northern end of the 
eastern most pier at the Tidewater Yacht Agency Marina, located at 
latitude 36 deg.50'29.0'' North, longitude 76 deg.17'52.0'' West; 
bounded to the south by a line drawn across the Lower Reach of the 
Southern Branch of the Elizabeth River, between the Portsmouth Lightship 
Museum located at the foot of London Boulevard, in Portsmouth, Virginia 
at latitude 36 deg.50'10.0'' North, longitude

[[Page 229]]

76 deg.17'47.0'' West, and the northwest corner of the Norfolk 
Shipbuilding & Drydock, Berkley Plant, Pier No. 1, located at latitude 
36 deg.50'08.0'' North, longitude 76 deg.17'39.0'' West; and to the 
southeast by the Berkley Bridge which crosses the Eastern Branch of the 
Elizabeth River between Berkley at latitude 36 deg.50'21.5'' North, 
longitude 76 deg.17'14.5'' West, and Norfolk at latitude 
36 deg.50'35.0'' North, longitude 76 deg.17'10.0'' West.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a Coast Guard commissioned, warrant, or petty officer who has been 
designated by Commander, Coast Guard Group, Hampton Roads.
    (b) Special local regulations. (1) Except for participants 
registered with the event sponsor and vessels that are moored to a pier, 
dock or shore, no person or vessel may enter or remain in the regulated 
area without permission of the Coast Guard Patrol Commander.
    (2) The operator of any vessel in the regulated areas shall:
    (i) Stop the vessel immediately when directed to do so by any Coast 
Guard commissioned, warrant or petty officer on board a vessel 
displaying a Coast Guard ensign; or
    (ii) Proceed as directed by any Coast Guard commissioned, warrant or 
petty officer.
    (3) Spectator vessels may anchor outside the regulated area 
specified in paragraph (a)(1) of this section, but may not block the 
channel.
    (4) The Coast Guard Patrol Commander may stop the event to assist 
the transit of marine traffic through the regulated area.
    (5) Vessels anchored in the special anchorage areas described in 
Sec. 110.72aa(a) of this title may remain in the regulated area without 
the permission of the Patrol Commander.
    (c) Effective period. This regulation is effective at different 
times and dates throughout the year. The Commander, Fifth Coast Guard 
District publishes a notice in the Fifth Coast Guard District Local 
Notice to Mariners and in the Federal Register that announces the time 
and dates when the regulations are in effect.

[CGD 05-87-27, 52 FR 19725, May 27, 1987, as amended at CGD 05-88-12, 53 
FR 20320, June 3, 1988; CGD 05-89-03, 54 FR 6392, Feb. 10, 1989]



Sec. 100.502  Barnegat Bay Classic, Barnegat Bay, Toms River, New Jersey.

    (a) Definitions. (1) Regulated Area. The waters of Barnegat Bay 
bounded by a line connecting the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
394916.0" N.                      740843.0" W.                          
394916.0" N.                      740610.0" W.                          
395315.0" N.                      740610.0" W.                          
395315.0" N.                      740719.0" W.                          
395059.0" N.                      740719.0" W.                          
                                                                        


    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer who has been designated by 
the Commander, Group Cape May.
    (b) Special Local Regulations. (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the immediate vicinity of this 
area 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.
    (3) Any spectator vessel may anchor outside of the regulated area 
specified in paragraph (a)(1) of these regulations but may not block a 
navigable channel.
    (c) Effective Period. The Commander, Fifth Coast Guard District will 
publish a notice in the Federal Register and in the Fifth Coast Guard 
District Local Notice to Mariners announcing the times and dates that 
this section is in effect.

[CGD 05-89-13, 54 FR 32442, Aug. 8, 1989]



Sec. 100.504  Night in Venice, Great Egg Harbor Bay, City of Ocean City, NJ.

    (a) Regulated area. The southwest side of Ship Channel from Buoy C, 
seaward

[[Page 230]]

to Board Thorofare Buoy No. 17 (black can) to Ocean City Longport 
Bridge, thence south to Great Egg Waterway Daybeacon 28.
    (b) Effective period. This regulation will be effective from 4:30 
p.m. to 11:45 p.m. annually on the fourth Saturday in July unless 
otherwise specified in the Coast Guard Local Notice to Mariners and a 
Federal Register Notice.
    (c) Special local regulations. (1) All persons or vessels not 
registered with sponsor as participants or not part of the regatta 
patrol are considered spectators.
    (2) No person or vessel may enter or remain in the regulated area 
unless participating in the event, or authorized to be there by the 
sponsor or Coast Guard patrol personnel.
    (3) Spectator vessels must be at anchor within a designated 
spectator area or moored to a waterfront facility within the regulated 
area prior to the start of the parade in such a way that they shall not 
interfere with mariners transiting Great Egg Harbor Bay. The spectator 
fleet shall be held behind buoys or committee boats provided by the 
sponsor in the following areas:
    (i) Northwestward of a line marked by a patrol vessel in position 39 
degrees 17 minutes 45 seconds North latitude; 074 degrees 33 minutes 45 
seconds West longitude to the 9th Street Route 52 Bridge in Ocean City, 
New Jersey, including Great Egg Waterway Red Buoy No. 2, but shall not 
extend northwestward of the Great Egg Waterway Point Buoy.
    (ii) Westward of a line of buoys between Great Egg Waterway Buoys 10 
and 14.
    (iii) Within the area around the shoals and islands in Beach 
Thorofare between Great Egg Waterway Buoys 15 and 21. This area shall at 
no point be closer that 150 yards from the line of bulkheads and lagoon 
entrances in Ocean City, New Jersey.
    (4) All persons and vessels shall comply with the instructions of 
U.S. Coast Guard patrol personnel. Upon hearing five or more blasts from 
a U.S. Coast Guard vessel, the operator of a vessel shall stop 
immediately and proceed as directed. U.S. Coast Guard patrol personnel 
include commissioned, warrant and petty officers of the Coast Guard. 
Members of the Coast Guard Auxiliary may be present to inform vessel 
operators of this regulation and other applicable laws.

[CGD3 85-08, 50 FR 29222, July 18, 1985. Redesignated and amended by CGD 
87-008b, 52 FR 25219, July 6, 1987; CGD 96-052, 62 FR 16702, Apr. 8, 
1997]



Sec. 100.505  New Jersey Offshore Grand Prix.

    (a) Regulated area. The Manasquan River from the New York and Long 
Branch Railroad to Manasquan Inlet, together with all of the navigable 
waters of the United States from Asbury Park, New Jersey, latitude 40 
degrees, 14 minutes north; southward to Seaside Park, New Jersey 
latitude 39 degrees, 55 minutes north, from the New Jersey shoreline 
seaward to the limits of the Territorial Sea. The race course area 
extends from Asbury Park to Seaside Park from the shoreline, seaward to 
a distance of 8.4 nautical miles.
    (b) Effective period. This section is in effect from 8 a.m. to 5 
p.m. on July 17, 1996, and each year thereafter on a date and times 
specified in a Federal Register notice. If the event is canceled due to 
weather, this section is effective the following day.
    (c) Special local regulations. (1) The regulated area shall be 
closed intermittently to general navigation during the effective period. 
No person or vessel may enter or remain in the regulated area while it 
is closed unless participating in the event or authorized by the sponsor 
or regatta patrol personnel.
    (2) All persons or vessels not registered with sponsor as 
participants or not part of the regatta patrol are considered 
spectators.
    (3) The spectator fleet shall be held in spectator anchorage areas 
marked by patrol vessels. The sponsor provided boats shall fly colored 
pennants to aid in their identification. Spectator anchorages areas are 
established as follows:
    (i) Asbury Park, NJ south to Manasquan Inlet, NJ. The spectator 
fleet will be held behind (west of) a line running north to south from 
the Asbury Park Convention Center to the north jetty at Manasquan Inlet. 
At the Asbury Park Convention Center the

[[Page 231]]

spectator fleet shall be held behind a line north of the Convention 
Center Pier. These lines will be set up by the Coast Guard Patrol 
Commander on the day of the race.
    (ii) Seaside Heights. The spectator fleet shall be held behind a 
line south of the Seaside Funtown Pier. This line shall be set by the 
Coast Guard Patrol Commander on the day of the race.
    (4) No spectator, press or commercial fishing boats shall cross the 
race course without the permission of the Patrol Commander. Those 
vessels wishing to cross the race course shall obtain permission to do 
so by contacting the nearest Coast Guard patrol vessel.
    (5) No vessel shall proceed at a speed greater than six (6) knots 
while in Manasquan Inlet during the effective period.
    (6) All persons and vessels shall comply with the instructions of 
U.S. Coast Guard patrol pesonnel. Upon hearing five or more blasts from 
a U.S. Coast Guard vessel, the operator of a vessel shall stop 
immediately and proceed as directed. U.S. Coast Guard patrol personnel 
include commissioned, warrant, and petty officers of the Coast Guard. 
Members of the Coast Guard Auxiliary may be present to inform vessel 
operators of this regulation and other applicable laws.

[CGD3 85-19, 50 FR 28574, July 15, 1985. Redesignated and amended by CGD 
87-008b, 52 FR 25219, July 6, 1987; CGDO1-96-016, 61 FR 26105, May 24, 
1996; CGD 96-052, 62 FR 16702, Apr. 8, 1997]



Sec. 100.507  Chesapeake Bay Bridges Swim Races, Chesapeake Bay, Maryland.

    (a) Definitions--(1) Regulated Area: The waters of the Chesapeake 
Bay between and adjacent to the spans of the William P. Lane Jr. 
Memorial Bridge shore to shore 500 yards north of the north span of the 
bridge from the western shore at latitude 39 deg.00'36" North, longitude 
76 deg.23'05" West and the eastern shore at latitude 38 deg.59'14" 
North, longitude 76 deg.20'00" West, and 500 yards sough of the south 
span of the bridge from the western shore at latitude 39 deg.00'16" 
North, longitude 76 deg.24'30" West and the eastern shore at latitude 
38 deg.58'38.5" North, longitude 76 deg.20'06" West.
    (2) The Coast Guard Patrol Commander: The Coast Guard Patrol 
Commander is a commissioned, warrant, or petty officer who has been 
designated by the Commander, Group Baltimore.
    (b) Special Local Regulations. (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the immediate vicinity of this 
area shall:
    (i) Stop the operator's 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.
    (c) Effective period. This section is effective during the 
Chesapeake Bay Bridges Swim, and for one hour before the event starts. 
The Commander, Fifth Coast Guard District publishes a notice in the 
Federal Register and the Fifth Coast Guard District Local Notice to 
Mariners that announces the time and dates that the section is in 
effect.

[CGD 05-88-19, 53 FR 21997, June 13, 1988]



Sec. 100.508  Hampton River, Hampton, Virginia.

    (a) Definitions--(1) Regulated Area: The waters of Sunset Creek and 
Hampton River shore to shore bounded to the north by the C & O Railroad 
Bridge and to the south by a line drawn from Hampton River Channel Light 
16 (LL 5715), located at latitude 37 deg.01'03.0" North, longitude 
76 deg.20'26.0" West, to the finger pier across the river at Fisherman's 
Wharf, located at latitude 37 deg.01'01.5" North, longitude 
76 deg.20'32.0" West.
    (2) Spectator Vessel Anchorage Areas--(i) Area A. Located in the 
upper reaches of the Hampton River, bounded to the south by a line drawn 
from the western shore at latitude 37 deg.01'48.0" North, longitude 
76 deg.20'22.0" West, across the river to the eastern shore at latitude 
37 deg.01'44.0" North, longitude 76 deg.20'13.0" West, and to the north 
by the C & O Railroad Bridge. The anchorage area will be marked by 
orange buoys.
    (ii) Area B. Located on the eastern side of the channel, in the 
Hampton River, south of the Queen Street

[[Page 232]]

Bridge, near the Bayberry Psychiatric Hospital. Bounded by the shoreline 
and a line drawn between the following points: Latitude 37 deg.01'26.0" 
North, longitude 76 deg.20'24.0" West, latitude 37 deg.01'22.0" North, 
longitude 76 deg.20'26.0" West, and latitude 37 deg.01'22.0" North, 
longitude 76 deg.20'23.0" West. The anchorage area will be marked by 
orange buoys.
    (3) Coast Guard Patrol Commander: The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer who has been designated by 
the Commander, Group Hampton Roads.
    (b) Special Local Regulations--(1) Except for vessels operated by 
Bay Days, Inc., participants in the Hampton Bay Days Festival, and as 
provided in paragraph (b)(2) of this section; no person or vessel may 
enter or remain in the regulated area without the permission of the 
Coast Guard Patrol Commander.
    (2) Spectator vessels may enter and anchor in the special spectator 
anchorage areas described in paragraph (a)(2) of this section without 
the permission of the Patrol Commander, if they proceed at a slow, no 
wake speed while in the regulated area.
    (3) Vessels less than 20 meters long may anchor in the special 
anchorage areas described in paragraph (a)(2) of this section without 
exhibiting the anchor lights and shapes required by Inland Navigation 
Rule 30, 33 U.S.C. 2030.
    (4) The operator of any vessel in the immediate vicinity of the 
regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any Coast 
Guard commissioned, warrant, or petty officer on board a vessel 
displaying a Coast Guard ensign.
    (ii) Proceed as directed by any Coast Guard commissioned, warrant, 
or petty officer.
    (c) Effective period: This section is effective during Hampton Bay 
Days Festival events, and or one hour before each event starts and one 
hour after each event ends. The Commander, Fifth Coast Guard District 
publishes a notice in the Federal Register and the Fifth Coast Guard 
District Local Notice to Mariners that announces the times and dates 
this section is in effect.

[CGD 05-88-32, 53 FR 35070, Sept. 9, 1988]



Sec. 100.509  Delaware River, Philadelphia, Pennsylvania.

    (a) Definitions:
    (1) Regulated Area: The waters of the Delaware River from shore to 
shore, bounded to the south by a line drawn from Pier 30, Penns Landing, 
Delaware River, Philadelphia, Pennsylvania, at latitude 39 deg.56'24.0'' 
North, longitude 75 deg.08'26.0'' West, across the river to the eastern 
shoreline at Camden, New Jersey, at latitude 39 deg.56'24.0'' North, 
longitude 75 deg.07'57.0'' West, and bounded to the north by the 
Benjamin Franklin Bridge.
    (2) The Coast Guard Patrol Commander: The Coast Guard Patrol 
Commander is a commissioned, warrant, or petty officer of the Coast 
Guard who has been designated by the Commander, Coast Guard Group 
Philadelphia.
    (b) Special Local Regulations:
    (1) Except for persons or vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
regulated area.
    (2) The operator of any vessel in the immediate vicinity of this 
area 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.
    (3) Any spectator vessel may anchor outside of the regulated area 
specified in paragraph (a) of these regulations but may not block a 
navigable channel.
    (c) Effective Period: This section is effective during, and for one 
hour before the events start. The Commander, Fifth Coast Guard publishes 
a notice in the Federal Register and in the Fifth Coast Guard District 
Local Notice to Mariners that announces the times and dates that this 
section is in effect.

[CGD 05-88-35, 54 FR 29677, Aug. 8, 1988]



Sec. 100.510  Susquehanna River, Havre de Grace, Maryland.

    (a) Definitions--(1) Regulated area. The waters of the Susquehanna 
River west of Garrett Island, bounded on the south by the Conrail 
Railroad Bridge centered at latitude 
39+33,16.5 North, longitude 
76+05,07.0 West; and on the north by the B&O 
Railroad Bridge centered

[[Page 233]]

at latitude 39+34,05.0 
North, longitude 76+05,20.0 
West.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer who has been designated by 
the Commander, Coast Guard Group Baltimore.
    (b) Special local regulations. (1) Except for vessels operated by 
the Susquehanna Optimist Club and participants in the Optimist Club 
Power Boat Regatta, no person or vessel may enter or remain in the 
regulated area without the permission of the Coast Guard Patrol 
Commander.
    (2) Spectator vessels may enter and anchor in the special spectator 
anchorage areas described in paragraph (c) of this section without the 
permission of the Patrol Commander, if they proceed at a slow no wake 
speed while in the regulated area.
    (3) The operator of any vessel in the immediate vicinity of the 
regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any Coast 
Guard commissioned, warrant, or petty officer on board a vessel 
displaying a Coast Guard ensign.
    (ii) Proceed as directed by any Coast Guard commissioned, warrant, 
or petty officer.
    (c) Spectator Vessel Anchorage Areas--(1) Anchorage Area A. The 
waters bounded by a line connecting the following points:

                      Latitude            Longitude

39+33,28.0 N        
76+05,13.0 W
39+33,28.0 N        
76+05,16.0 W
39+33,22.5 N        
76+05,16.0 W
39+33,19.0 N        
76+05,24.0 W
39+33,16.0 N        
76+05,24.0 W
39+33,20.0 N        
76+05,13.0 W

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

                      Latitude            Longitude

39+33,30.0 N        
76+05,13.0 W
39+33,52.0 N        
76+05,28.0 W
39+33,51.0 N        
76+05,28.0 W
39+33,28.0 N        
76+05,16.0 W

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

                      Latitude            Longitude

39+33,52.0 N        
76+05,30.0 W
39+34,00.0 N        
76+05,30.0 W
39+33,56.0 N        
76+05,39.0 W

    (d) Effective period: The Commander, Fifth Coast Guard District, 
publishes a notice in the Federal Register and the Fifth Coast Guard 
District Local Notice to Mariners that announces the times and dates 
this section is in effect.


[CGD 05-88-57, 54 FR 12191, Mar. 24, 1989]



Sec. 100.511  Approaches to Annapolis Harbor, Spa Creek, and Severn River, Annapolis, Maryland.

    (a) Definitions--(1) Regulated area. The approaches to Annapolis 
Harbor, the waters of Spa Creek, and the Severn River, shore to shore, 
bounded on the south by a line drawn from Carr Point, at latitude 
38 deg.58'58.0" North, longitude 76 deg.27'40.0" West, thence to Horn 
Point Warning Light (LLNR 17935), at 38 deg.58'24.0" North, longitude 
76 deg.28'10.0" West, thence to Horn Point, at 38 deg.58'20.0" North, 
longitude 76 deg.28'27.0" West, and bounded on the north by the State 
Route 450 Bridge.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Commander, Group Baltimore.
    (b) Special local regulations--(1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the immediate vicinity of this 
area 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.
    (3) Any spectator vessel may anchor outside of the regulated area 
specified in paragraph (a) of this section but may not block a navigable 
channel.
    (c) Effective period. The Commander, Fifth Coast Guard District, 
publishes a notice in the Federal Register and the Fifth Coast Guard 
District Local Notice to Mariners that announces the

[[Page 234]]

times and dates that the section is in effect.

[CGD 05-89-06, 54 FR 22438, May 24, 1989]



Sec. 100.512  American Diabetes Association Reach the Beach Triathlon, Choptank River, Cambridge, Maryland.

    (a) Definitions--(1) Regulated area. The waters of the Choptank 
River between the Choptank River Bridge and a line drawn from the 
northern shore, at latitude 38 deg.35'37'' North, longitude 
76 deg.03'08'' West, to the southwestern shore, at latitude 
38 deg.35'31'' North, longitude 76 deg.04'52'' West.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Commander, Group Baltimore.
    (b) Special local regulations. (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the immediate vicinity of this 
area 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.
    (3) Any spectator vessel may anchor outside of the regulated area 
specified in paragraph (a) of this section but may not block a navigable 
channel.
    (c) Effective period. The Commander, Fifth Coast Guard District, 
will publish a notice in the Federal Register and the Fifth Coast Guard 
District Local Notice to Mariners announcing the times and date this 
section is in effect.

[CGD 05-89-08, 54 FR 23474, June 1, 1989]



Sec. 100.513  Wrightsville Channel, Wrightsville Beach, North Carolina.

    (a) Definitions--(1) Regulated area. The waters of, and adjacent to, 
Wrightsville Channel, from Wrightsville Channel Daybeacon 14 (LLNR 
28040), located at 34 deg.12'18.0'' N., longitude 77 deg.48'10.0'' W., 
to Wrightsville Channel Daybeacon 25 (LLNR 28080), located at 
34 deg.12'51.0'' N., longitude 77 deg.48'53.0'' W.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer who has been designated by 
the Commander, Group Fort Macon.
    (b) Special Local Regulations. (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the immediate vicinity of this 
area 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.
    (3) Any spectator vessel may anchor outside the regulated area 
specified in paragraph (a)(1) of this section but may not block a 
navigable channel.
    (c) Effective Period. The Commander, Fifth Coast Guard District will 
publish a Notice in the Federal Register and in the Fifth Coast Guard 
District Local Notice to Mariners announcing the date and times this 
section is in effect.

[CGD 05-89-81, 54 FR 39730, Sept. 28, 1989]



Sec. 100.514  Fourth of July Fireworks Display; Parker Island, Little Egg Harbor, New Jersey.

    (a) Definitions--(1) Regulated Area. The waters of Little Egg Harbor 
bounded by the arc of a circle with a radius of 1,000 feet and with its 
center located at latitude 39 deg.34'18.0'' North, longitude 
74 deg.14'43.0'' West.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Commander, Group Cape May, New Jersey.
    (b) Special Local Regulations. (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the immediate vicinity of this 
area shall:

[[Page 235]]

    (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.
    (3) Any spectator vessel may anchor outside of the regulated area 
specified in paragraph (a)(1) of these regulations but may not block a 
navigable channel.
    (c) Effective Period. The Commander, Fifth Coast Guard District will 
publish a Notice in the Federal Register and in the Fifth Coast Guard 
District Local Notice to Mariners announcing the date and times that 
this section is in effect.

[CGD 05-89-10, 54 FR 25850, June 20, 1989]



Sec. 100.515  Patapsco River, Baltimore, Maryland.

    (a) Definitions. (1) Regulated area. The waters of the Patapsco 
River bounded by the arc of a circle with a radius of 1,000 feet and 
with its center located at latitude 39 deg.15'44.5" North, longitude 
76 deg.34'40.0" West.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer who has been designated by 
the Commander, Group Baltimore.
    (b) Special Local Regulations. (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the immediate vicinity of this 
area 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.
    (3) Any spectator vessel may anchor outside the regulated area 
specified in paragraph (a)(1) of these regulations but may not block a 
navigable channel.
    (c) Effective Period. The Commander, Fifth Coast Guard District will 
publish a Notice in the Federal Register and in the Fifth Coast Guard 
District Local Notice to Mariners announcing the date and times this 
section is in effect.

[CGD 05-89-17, 54 FR 30035, July 18, 1989]



Sec. 100.517  Atlantic Ocean, Ocean City, MD.

    (a) Definitions:
    (1) Regulated area. The waters of the Atlantic Ocean commencing at a 
point on the shoreline at latitude 38 deg.25'42" North, longitude 
75 deg.05'06" West; thence east southeast to latitude 38 deg.25'30" 
North, longitude 75 deg.02'12" West; thence south southwest parallel to 
the Ocean City shoreline to latitude 38 deg.19'12" North, longitude 
75 deg.03'48" West; thence west northwest to the shoreline at latitude 
38 deg.19'30" North, longitude 75 deg.05'00" West.
    (2) Coast Guard patrol commander. The Coast Guard Patrol Commander 
will be a commissioned, warrant, or petty officer who will be designated 
by the Commander, Coast Guard Group Baltimore.
    (b) Special local regulations. (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the immediate vicinity of this 
area 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.
    (3) Any spectator vessel may anchor outside of the regulated area 
specified in paragraph (a)(1) of this section but may not block a 
navigable channel.
    (c) Effective period. The Commander, Fifth Coast Guard District will 
publish a notice in the Federal Register and the Fifth Coast Guard 
District Local Notice to Mariners that announces the times and dates 
that this section is in effect.

[CGD 05-94-017, 59 FR 47539, Sept. 16, 1994]

    Editorial Note: At 59 FR 47540, Sept. 16, 1994, in Sec. 100.517, 
paragraph (b)(3) was inadvertently printed as paragraph (b)(30).

[[Page 236]]



Sec. 100.518  Severn River, College Creek, and Weems Creek, Annapolis, Maryland

    (a) Definitions: (1) Regulated area. The waters of the Severn River 
enclosed by:


Latitude                             Longitude                          
                                                                        
38 deg.58'40.0'' N                   76 deg.28'49.0'' W                 
38 deg.58'33.0'' N                   76 deg.28'05.0'' W                 
38 deg.58'58.0'' N                   76 deg.27'40.0'' W                 
38 deg.59'51.0'' N                   76 deg.29'46.0'' W                 
39 deg.00'14.0'' N                   76 deg.29'36.0'' W                 
                                                                        

    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer who has been designated by 
the Commander, Group Baltimore.
    (b) Special local regulations. (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the immediate vicinity of this 
area 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.
    (3) Any spectator vessel may anchor outside of the regulated area 
specified in paragraph (a)(1) of this section but may not block a 
navigable channel.
    (c) Effective period. This section is effective during, and 30 
minutes before any scheduled event starts. The commander, Fifth Coast 
Guard District will publish a notice in the Federal Register and the 
Fifth Coast Guard District Local Notice to Mariners that announces the 
times and dates that this section is in effect.

[CGD 05-93-053, 58 FR 57741, Oct. 27, 1993]



Sec. 100.519  Assateague Channel, Chincoteague, Virginia.

    (a) Definitions: (1) Regulated area. The waters of Assateague 
Channel from shoreline to shoreline, bounded to the east by a line drawn 
from latitude 37 deg.55'01'' North, longitude 75 deg.22'40'' West, to 
latitude 37 deg.54'50'' North, longitude 75 deg.22'46'' West, and to the 
west by a line drawn from latitude 37 deg.54'54.0'' North, longitude 
75 deg.23'00'' West, to latitude 37 deg.54'49'' North, longitude 
75 deg.22'49'' West.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Commander, Coast Guard Group Eastern Shore.
    (b) Special local regulations. (1) Except for participants in the 
Pony Penning Swim and vessels authorized by the Coast Guard Patrol 
Commander, no person or vessel may enter or remain in the regulated area 
without the permission of the Patrol Commander.
    (2) The operator of any vessel in the immediate vicinity of this 
area shall:
    (i) Stop the vessel immediately when 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.
    (3) The Coast Guard Patrol Commander may allow vessels to transit 
the regulated area up until the ponies are ready to enter the water.
    (4) Vessel operators are advised to remain clear of the advisory 
area during the effective periods of this regulation.
    (c) Effective periods: This regulation will be effective from 7 a.m. 
to 2 p.m. on the last Wednesday of July and from 7 a.m. to 2 p.m. the 
following Friday, unless otherwise specified in the Coast Guard Local 
Notice to Mariners and a Federal Register Notice.

[CGD 05-92-81, 58 FR 16357, Mar. 26, 1993]



Sec. 100.520  Rudee Inlet, Lake Rudee, Atlantic Ocean, Virginia Beach, Virginia.

    (a) Definitions. (1) Regulated area. The waters of Rudee Inlet and 
Lake Rudee including the Owl Creek Boat Ramp. The waters of the Atlantic 
Ocean enclosed by:

                                                                        
            Latitude                             Longitude              
                                                                        
36 deg.54'23.0'' N                75 deg.59'26.0'' W                    
36 deg.54'38.0'' N                75 deg.56'55.0'' W                    
36 deg.49'06.0'' N                75 deg.55'58.0'' W                    
36 deg.48'53.0'' N                75 deg.57'58.0'' W                    
                                                                        

    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander

[[Page 237]]

will be a commissioned, warrant, or petty officer who will be designated 
by the Commander, Group Hampton Roads.
    (b) Special local regulations. (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the immediate vicinity of this 
area 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.
    (3) Any spectator vessel may anchor outside of the regulated area 
specified in paragraph (a)(1) of these regulations but may not block a 
navigable channel.
    (c) Effective period. This section is effective during, and one hour 
before any scheduled event starts. The Commander, Fifth Coast Guard 
District will publish a notice in the Federal Register and the Fifth 
Coast Guard District Local Notice to Mariners that announces the times 
and dates that this section is in effect.

[CGD 05-93-055, 59 FR 5323, Feb. 4, 1994]



Sec. 100.523  Southern Branch, Elizabeth River, Portsmouth, Virginia.

    (a) Definitions--(1) Regulated area. The waters of the Southern 
Branch, Elizabeth River from shoreline to shoreline bounded to the south 
by a line drawn from latitude 36 deg.49'11.0'' North, longitude 
76 deg.17'33.0'' West to latitude 36 deg.49'11.0'' North, longitude 
76 deg.17'22.0'' West and bounded to the north by a line drawn from 
latitude 36 deg.50'17.5'' North, longitude 76 deg.17'45.0'' West to 
latitude 36 deg.50'17.5'' North, longitude 76 deg.17'30.0'' West
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Commander, Coast Guard Group Hampton Roads.
    (b) Special Local Regulations. (1) Except for participants in the 
Crawford Bay Crew Classic and vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
regulated area without the permission of the Patrol Commander.
    (2) The operator of any vessel in the immediate vicinity of this 
area shall:
    (i) Stop the vessel immediately when 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.
    (3) The Coast Guard Patrol Commander may allow vessels to transit 
the regulated area whenever a race heat is not being run.
    (4) Vessel operators are advised to remain clear of the advisory 
area during the effective periods of this regulation.
    (c) Effective periods. This regulation will be effective on the 
fourth Friday of April and on the fourth Saturday of April, unless 
otherwise specified in the Coast Guard Local Notice to Mariners and a 
Federal Register notice.

[CGD 05-93-06, 58 FR 9119, Feb. 19, 1993; as amended by CGD-05-97-004, 
62 FR 20102, Apr. 25, 1997]



Sec. 100.709  Annual Augusta Southern National Drag Boat Races; Savannah River, Augusta, GA.

    (a) Definitions. (1) Regulated area. The regulated area is formed by 
a line drawn directly across the Savannah River at the U.S. Highway 1 
(Fifth Street) Bridge at mile marker 199.45 and directly across the 
Savannah River at Eliot's Fish Camp at mile marker 197. The regulated 
area encompasses the width of the Savannah River between these two 
lines.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Commander, Coast Guard Group Charleston, 
Charleston, South Carolina.
    (b) Special local regulations. (1) Entry into the regulated area is 
prohibited to all non-event participants.
    (2) After the termination of the Augusta Southern National Drag Boat 
Races each day, and during intervals

[[Page 238]]

between scheduled events, at the discretion of the Coast Guard Patrol 
Commander, all vessels may resume normal operations.
    (c) Effective Dates. This section is effective annually on Thursday, 
Friday, Saturday and Sunday of the third week of July from 6 a.m. to 8 
p.m. edt, except in 1996, the section is effective on July 18-21, 1996 
from 6 a.m. to 8 p.m. edt.

[CGD07-96-021, 61 FR 28504, June 5, 1996]



Sec. 100.710  Annual Greater Jacksonville Kingfish Tournament.

    (a) Regulated area. A regulated area is established for the waters 
of the St. Johns River lying between an eastern boundary formed by St. 
Johns River Lighted Buoy 7 (LLNR 6665) position 30-23-56 N, 081-23-04 W, 
and Lighted Buoy 8 (LLNR 6670) position 30-24-03 N, 081-23-01 W, and a 
western boundary formed by Mile Point Lighted Buoy 24 (LLNR 6805) 
position 30-22-58 N, 081-27-21 W, and Pablo Creek Daybeacon 2 (LLNR 
32605) position 30-22-52 N, 081-27-21 W, with the northern and southern 
boundaries formed by the banks of the St. Johns River. Then, from the 
western boundary on the St. Johns River, the regulated area continues 
south on the waters of Pablo Creek to the Atlantic Beach Bridge, 
Jacksonville, Florida.
    (b) Special local regulations. A No Wake Zone is established on the 
waters of the St. Johns River lying between the eastern boundary formed 
by St. Johns River Lighted Buoy 7 and Lighted Buoy 8, and the western 
boundary formed by Mile Point Lighted Buoy 24 and Pablo Creek Daybeacon 
2, with the northern and southern boundaries formed by the banks of the 
St. Johns River. A Minimum Wake Zone is established from the boundary 
formed by mile Point Lighted Buoy 24 and Pablo Creek Daybeacon 2, south 
on Pablo Creek to the Atlantic Boulevard Bridge.
    (c) Effective date. The Commander, Seventh Coast Guard District, 
will publish a notice in the Federal Register and in the Seventh Coast 
Guard District Local Notices to Mariners that announces times and dates 
that this section will go into effect.

[CGD 07-92-008, 58 FR 38055, July 15, 1993]



Sec. 100.713  Annual Harborwalk Boat Race; Sampit River, Georgetown, SC.

    (a) Definitions. (1) Regulated Area. The regulated area is formed by 
a line from:

33 deg.21.5' N, 079 deg.17.10' W, thence to
33 deg.21.7' N, 079 deg.16.8' W, thence along the shore to
33 deg.21.1' N, 079 deg.16.7' W, thence to
33 deg.21.1' N, 079 deg.16.9' W, thence back to
33 deg.21.5' N, 079 deg.17.10' W.

All coordinates referenced use datum: NAD 83.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the United States Coast 
Guard who has been designated by the Commander, Coast Guard Group 
Charleston, Charleston, South Carolina.
    (b) Special local regulations. (1) Entry into the regulated area is 
prohibited to all nonparticipants.
    (2) After the termination of the Harborwalk Boat Race, and during 
intervals between scheduled events, at the discretion of the Coast Guard 
Patrol Commander all vessels may resume normal operations.
    (c) Effective Dates. This section is in effect from 12 p.m. and 
terminates at 5:30 p.m. EDT annually during the last Sunday of June.

[CGD07-96-015, 61 FR 29020, June 7, 1996]



Sec. 100.714  Annual Miami Super Boat Race; Miami Beach, FL.

    (a) Definitions. (1) Regulated Areas. The regulated area includes 
the race course area, the spectator area, and a buffer zone.
    (i) The race course area is formed by a line joining the following 
points:
    25 deg.46.3' N, 080 deg.07.85' W; thence to,
    25 deg.46.3' N, 080 deg.06.82' W; thence to,
    25 deg.51.3' N, 080 deg.06.2' W; thence to,
    25 deg.51.3' N, 080 deg.07.18' W; thence along the shoreline to the 
starting point. All coordinates referenced use datum: NAD 1983.
    (ii) A spectator area is established in the regulated area for 
spectator traffic and is defined by a line joining the following points, 
beginning from:

[[Page 239]]

    25 deg.51.3' N, 080 deg.06.15' W; thence to,
    25 deg.51.3' N, 080 deg.05.85' W; thence to,
    25 deg.46.3' N, 080 deg.06.55' W; thence to,
    25 deg.46.3' N, 080 deg.06.77' W; and back to the starting point. 
All coordinates referenced use datum: NAD 1983.
    (iii) A buffer zone of 300 feet is established between the race 
course and the spectator area.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Commander, Coast Guard Group Miami, Miami Beach, 
Florida.
    (b) Special local regulations. (1) Entry into the race course area 
by other than event participants is prohibited unless otherwise 
authorized by the Coast Guard Patrol Commander. At the completion of 
scheduled races and departure of participants from the regulated area, 
traffic may resume normal operations. At the discretion of the Coast 
Guard Patrol Commander, between scheduled racing events, traffic may be 
permitted to resume normal operations.
    (2) A succession of not fewer than 5 short whistle or horn blasts 
from a patrol vessel will be the signal for any and all vessels to take 
immediate steps to avoid collision. The display of an orange distress 
smoke signal from a patrol vessel will be the signal for any and all 
vessels to stop immediately.
    (3) Spectators not in the designated spectator areas, as defined 
above, are required to keep clear of the race course area at all times.
    (c) Effective Dates. This section is effective at 12 p.m. and 
terminates at 4 p.m. EDT annually during the second Sunday of June.

[CGD-94-091, 61 FR 27783, June 3, 1996]



Sec. 100.715  Annual Beaufort Water Festival, Beaufort River, Beaufort, SC.

    (a) Definitions.
    (1) Regulated Area.A regulated area is established on that portion 
of the Beaufort River, between the Ladys Island swing bridge at 
32 deg.25'40'' N, 080 deg.40'10'' W and a line drawn directly across the 
Beaufort River at Spanish Point, at 32 deg.24'00'' N. All coordinates 
referenced use datum: NAD 1983.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the United States Coast 
Guard who has been designated by the Commander, Coast Guard Group 
Charleston, Charleston, South Carolina.
    (b) Special local regulations. (1) Entry into the regulated area by 
other than event participants is prohibited, unless otherwise authorized 
by the Coast Guard Patrol Commander.
    (2) Between scheduled events the Coast Guard Patrol Commander may 
authorize vessels to resume normal operations.
    (3) After termination of the Beaufort Water Festival events, all 
vessels may resume normal operation at the discretion of the Coast Guard 
Patrol Commander.
    (c) Effective Dates. This section become effective annually from 
7:30 a.m. to 7 p.m. EDT, on the last two Saturdays and Sundays of July.

[CGD07-96-020, 61 FR 28502, June 5, 1996]



Sec. 100.716  Annual Florida Sports Fishing Association Billfish Tournament.

    (a) Regulated area. A regulated area is established for the waters 
of Port Canaveral Harbor. The regulated area is bound on the west by the 
easternmost State Road 401 bascule bridge, position 28-24-33 N, 080-37-
55 W, and on the east by the line drawn between Canaveral Harbor 
Entrance Channel Light 12 (LLNR 8955), position 28-24-38 N, 080-34-59 
W, and Canaveral Harbor Entrance Channel Lighted Buoy 13 (LLNR 8960), 
position 28-24-33 N, 080-34-59 W. The southern boundary will be a line 
drawn from Canaveral Harbor Entrance Channel Lighted Buoy 13 to the 
Cape Canaveral southern jetty, position 28-24-29 N, 080-35-18 W, then 
following the southern shoreline of Cape Canaveral Harbor to the 
easternmost State Road 401 bascule bridge. The northern boundary will be 
a line extending from Canaveral Harbor Entrance Channel Light 12, 
following the northern shoreline of Cape Canaveral Harbor, but excluding 
all navigable waters north of a line drawn across the mouth of the East 
Basin, Middle Basin, and West Basin.

[[Page 240]]

    (b) Special local regulations. A ``No Wake Zone'' is established in 
the regulated area.
    (c) Effective dates. The Commander, Coast Guard Group Mayport will 
publish the effective times and dates during which the regulations in 
this section will be effective in the Seventh Coast Guard District Local 
Notice to Mariners.

[CGD7 92-16, 57 FR 23302, June 3, 1992]



Sec. 100.717  Annual Fort Myers Beach Offshore Grand Prix; Fort Myers, FL.

    (a) Regulated Area. The regulated area is formed by a line drawn 
from the start/finish position, at the Fort Myers Beach pier 
(26 deg.28.07' N, 81 deg.58.30' W), thence to position 26 deg.26.08' N, 
81 deg.55.29' W, thence to position 26 deg.24.76' N, 81 deg.54.68' W, 
thence to position 26 deg.23.74' N, 81 deg.55.10' W, thence to position 
26 deg.23.91' N, 81 deg.55.40' W, thence to position 26 deg.24.94' N, 
81 deg.55.24' W, thence to position 26 deg.26.93' N, 81 deg.58.53' W, 
thence to position 26 deg.27.32' N, 81 deg.58.16' W, thence back to the 
start/finish position, at the Fort Myers Beach pier (26 deg.28.07, 
81 deg.58.30' W). All coordinates referenced use datum: NAD 83.
    (b) Special local regulations. (1) No vessel may anchor shoreward of 
the shoreside boundaries of the regulated area, from 11 a.m. to 3 p.m. 
edt.
    (2) Spectator craft will be permitted to anchor seaward of the 
seaside boundaries of the regulated area, in the spectator area formed 
by a line drawn from the position 29 deg.26.54' N, 81 deg.58.12' W, 
thence to position 28 deg.25.06' N, 81 deg.55.42' W, thence to position 
26 deg.24.45' N, 81 deg.55.50' W, thence to position 26 deg.26.54' N, 
81 deg.58.30' W, thence back to position 29 deg.26.54' N, 81 deg.58.12' 
W, and in the spectator area formed by a line drawn from the position 
26 deg.25.06' N, 81 deg.54.18' W, thence to position 26 deg.23.47' N, 
81 deg.54.00' W, thence to position 25 deg.24.05' N, 81 deg.54.47' W, 
thence back to position 26 deg.25.06' N, 81 deg.54.18' W. All 
coordinates referenced use datum: NAD 83.
    (3) All vessel traffic, not involved with the Fort Myers Beach 
Offshore Grand Prix, exiting Matanzas Pass between 11 a.m. and 3 p.m. 
will exit the marked channel at Matanzas Pass Channel daybeacon #3 
(26 deg.25.9' N, 82 deg.58.2' W, LLNR 16365) and #4 (26 deg.26.1' N, 
82 deg.57.8' W, LLNR 16370), and shall proceed in a southwesterly 
direction seaward of the spectator area defined in paragraph (b)(2) of 
this section, taking action to avoid a close-quarters situation until 
finally past and clear of the racecourse. All coordinates referenced use 
datum: NAD 83.
    (4) All vessel traffic, not involved with the Fort Myers Beach 
Offshore Grand Prix, exiting Big Carlos Pass between 11 a.m. and 3 p.m. 
edt will exit the pass in a southwesterly direction seaward of the 
spectator area defined in paragraph (b)(2) of this section, taking 
action to avoid a close-quarters situation with the spectator craft 
until finally past and clear of the racecourse. All coordinates 
referenced use datum: NAD 83.
    (5) Entry into the regulated area shall be in accordance with this 
regulation. Spectator vessels shall stay seaward of the seaside legs of 
the racecourse at all times in the spectator areas defined in paragraph 
(b)(2) of this section.
    (c) Effective dates: This section is effective each day from 11 a.m. 
through 3 p.m. EDT annually during the third Saturday and Sunday of May.

[CGD07-96-005, 61 FR 28503, June 5, 1996, as amended by CGD07-97-010, 62 
FR 26745, May 15, 1997]



Sec. 100.718  Annual Suncoast Kilo Run; Sarasota Bay, Sarasota, FL.

    (a) Regulated area. The regulated area is established in Sarasota 
Bat with the northwest corner point at Whale Key, position 
27 deg.23'53'' N, 82 deg.37'46'' W, extending to the northeast corner 
point at Bayshore Gardens Channel, position 27 deg.25'11'' N, 
82 deg.35'45'' W, extending to the southeast corner point at Whitaker 
Bayou, position 27 deg.21'22'' N, 82 deg.33'14'' W, and then to the 
southwest corner point at Quick Point, position 27 deg.20'18'' N, 
82 deg.34'36'' W. All coordinates referenced use datum: NAD 83.
    (b) Special local regulations.
    (1) In accordance with these regulations, the regulated area is 
designated as a ``no wake'' zone. Spectator craft are permitted into the 
area, but are prohibited from entering the race course areas described 
in (b)(2) of this section.

[[Page 241]]

    (2) Inside the ``no wake'' zone are two designated areas surrounding 
the primary and alternate race courses. Primary course ``A'' is bounded 
by a line connecting the northeast corner point at position 
27 deg.22'10'' N, 82 deg.36'09'' W, a southeast corner point at position 
27 deg.21'31'' N, 82 deg.35'37'' W, a southwest corner point at position 
27 deg.21'27'' N, 82 deg.35'48'' W, and a northwest corner point at 
position 27 deg.22'05'' N, 82 deg.36'16'' W. Alternate course ``B'' is 
bounded by a line connecting the northeast corner point at position 
27 deg.23'11'' N, 82 deg.34'31'' W, a southeast corner point at position 
27 deg.22'35'' N, 82 deg.34'03'' W, a southwest corner point at position 
27 deg.22'31'' N, 82 deg.34'08'' W, and a northwest corner point at 
position 27 deg.23'09'' N, 82 deg.34'38'' W. All coordinates referenced 
use datum: NAD 83.
    (3) Entry into the regulated area shall be in accordance with this 
regulation.
    (c) Effective date. This section is effective at 8 a.m. and 
terminates at 1 p.m. EDT, annually during the first Friday of July.

[CGD07-96-008, 61 FR 32334, June 24, 1996]



Sec. 100.719  Annual Suncoast Offshore Challenge; Gulf of Mexico, Sarasota, FL.

    (a) Regulated area. The regulated area is established by a line 
drawn from the start/finish position 27 deg.19.15' N, 82 deg.35.90' W, 
thence to position 27 deg.18.81' N, 82 deg.34.90' W, thence to position 
27 deg.18.21' N, 82 deg.34.48' W, thence to position 27 deg.16.43' N, 
82 deg.34.99' W, thence to position 27 deg.15.70' N, 82 deg.34.29' W, 
thence to position 27 deg.15.86' N, 82 deg.33.44' W, thence to position 
27 deg.14.73'10' N, 82 deg.32.37' W, thence to position 27 deg.14.62' N, 
82 deg.32.54' W, thence to position 27 deg.14.94' N, 82 deg.35.25' W, 
thence to position 27 deg.20.03' N, 82 deg.37.38' W, thence to position 
27 deg.20.32' N, 82 deg.37.16' W, thence back to the start/finish 
position. All coordinates referenced use datum: NAD 1983.
    (b) Special local regulations.
    (1) No anchoring will be permitted seaward of the shoreside 
boundaries of the regulated area out to three nautical miles from shore, 
from 10 a.m. to 4 p.m. EDT, annually on the first Saturday of July.
    (2) Anchoring for spectators will be permitted shoreward of the 
shoreside boundaries of the regulated area.
    (3) All vessel traffic, not involved with the Suncoast Offshore 
Challenge, exiting New Pass between 11 a.m. and 4 p.m. EDT shall exist 
at New Pass Channel daybeacon #3 (27 deg.26.46' N, 82 deg.41.7' W, LLNR 
18100) and #4 (27 deg.26.4' N, 82 deg.41.68' W, LLNR 18105), and shall 
proceed in a northerly direction shoreward of spectator craft taking 
action to avoid a close-quarters situation until finally past and clear 
of the racecourse. All coordinates referenced use datum: NAD 1983.
    (4) Big Sarasota Pass will be closed to all inbound and outbound 
vessel traffic, other than spectator craft, from 10 a.m. to 4 p.m. EDT.
    (5) Entry into the regulated area shall be in accordance with this 
regulation. Spectator vessels shall stay clear of race area at all 
times.
    (c) Effective date. This section is effective at 10 a.m. and 
terminates at 4 p.m. EDT, annually during the first Saturday of July.

[CGD07-96-008, 61 FR 32334, June 24, 1996]



Sec. 100.720  Annual Suncoast Offshore Grand Prix; Gulf of Mexico, Sarasota, FL.

    (a) Regulated area. The regulated area is established by a line 
drawn from the start/finish position 27 deg.19.15' N, 82 deg.35.90' W, 
thence to position 27 deg.18.91' N, 82 deg.34.90' W, thence to position 
27 deg.18.81' N, 82 deg.34.48' W, thence to position 27 deg.16.43' N, 
82 deg.34.99' W, thence to position 27 deg.15.70' N, 82 deg.34.29' W, 
thence to position 27 deg.15.86' N, 82 deg.33.44' W, thence to position 
27 deg.14.73' N, 82 deg.32.37' W, thence to position 27 deg.14.62' N, 
82 deg.32.54' W, thence to position 27 deg.14.93' N, 82 deg.35.25' W, 
thence to position 27 deg.20.03' N, 82 deg.37.38' W, thence to position 
27 deg.20.32' N, 82 deg.37.16' W, thence back to the start/finish 
position. All coordinates referenced use datum: NAD 1983.
    (b) Special local regulations.
    (1) No anchoring will be permitted seaward of the shoreside 
boundaries of the regulated area out to three nautical miles from shore, 
from 10 a.m. to 4 p.m. EDT.
    (2) Anchoring for spectators will be permitted shoreward of the 
shoreside boundaries of the regulated area.

[[Page 242]]

    (3) All vessel traffic not involved with the Suncoast Offshore Grand 
Prix, exiting New Pass between 10 a.m. and 4 p.m. EDT shall exit at New 
Pass Channel daybeacon #3 (27 deg.26.46' N, 82 deg.41.7' W, LLNR 18100) 
and #4 (27 deg.26.4' N, 82 deg.41.68' W, LLNR 18105), and shall proceed 
in a northerly direction shoreward of spectator craft taking action to 
avoid a close-quarters situation until finally past and clear of the 
racecourse. All coordinates referenced use datum: NAD 83.
    (4) Big Sarasota Pass will be closed to all inbound and outbound 
vessel traffic, other than spectator craft, from 10 a.m. to 4 p.m. EDT.
    (5) Entry into the regulated area shall be in accordance with this 
regulation. Spectator craft will stay clear of race area at all times.
    (c) Effective date. This section is effective at 10 a.m. and 
terminates at 4 p.m. EDT, annually during the first Sunday of July.

[CGD07-96-008, 61 FR 32335, June 24, 1996]



Sec. 100.721  Charleston Christmas Parade of Boats, Charleston Harbor, SC.

    (a) Definitions. (1) Regulated Area. A regulated area includes the 
area 500 yards ahead of the lead parade vessel, 100 yards astern of the 
last parade vessel, and 50 yards to either side of all parade vessels 
along the parade route described in paragraph (a)(2) of this section.
    (2) Parade Route. The parade route begins from that portion of 
Charleston Harbor commencing at Wando River Terminal buoy 4 (Light List 
Number 2720) at approximate position 32 deg.49.2'N, 079 deg.54.3'W, 
thence to the upper end of Hog Island Reach at approximate position 
32 deg.48.7'N, 079 deg.54.85'W, thence to approximate position 
32 deg.48,15'N, 079 deg.54.95'W, below the Cooper River Bridges, thence 
southeast to approximately two-tenths of a nautical mile north of USS 
Yorktown at position 32 deg.47.7'N, 079 deg.54.7'W, thence south past 
the USS Yorktown to approximate position 32 deg.47.2'N, 079 deg.54.7'W, 
thence west to Custom House Reach at approximate position 32 deg.47.2'N, 
079 deg.55.3'W, thence south to 32 deg.45.7'N, 079 deg.55.3'W 
(approximately one half nautical mile southeast of Battery Point), 
thence up the Ashley River, and continuing to the finishing point at 
City Marina (32 deg.46.6'N, 079 deg.57.2'W). All coordinates referenced 
use datum: NAD 1983.
    (3) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant or petty officer of the Coast Guard who has 
been designated in writing by the Commander, Coast Guard Group 
Charleston, South Carolina.
    (b) Special local regulations. (1) Entry into the regulated area by 
other than authorized parade participants or official patrol vessels is 
prohibited, unless otherwise authorized by the Patrol Commander.
    (2) After termination of the Christmas Parade of Boats and departure 
of parade participants from the regulated area, all vessels may resume 
normal operations.
    (c) Effective Date: These regulations are effective from 4:30 p.m. 
to 8:30 p.m., EST, on December 7, 1996, December 13, 1997, December 12, 
1998, December 4, 1999, and December 9, 2000.

[CGD07-96-048, 61 FR 59023, Nov. 20, 1996]



Sec. 100.722  Annual Key West Super Boat Race; Key West, FL.

    (a) Definitions.
    (1) Regulated area. All navigable waters within a line drawn through 
the following points:

24-33.65, 081-48.47W; thence to,
24-33.95N, 081-48.30W; thence to,
24-34.05N, 081-48.45W; thence to,
24-33.58N, 081-48.70W; thence to,
24-31.18N, 081-51.10W; thence to,
24-31.18N, 081-48.88W; thence to,
24-32.94N, 081-48.82W.

    All coordinates reference use datum: NAD 1983.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the United States Coast 
Guard who has been designated by Coast Guard Group Key West, Florida.
    (b) Special Local Regulations. (1) Entry into the regulated area, by 
other than event participants, is prohibited unless otherwise authorized 
by the patrol commander.
    (2) A succession of not less than 5 short whistle or horn blasts 
from a patrol vessel will be the signal for any non-event participating 
vessel to take immediate steps to avoid collision. The

[[Page 243]]

display of a red distress flare from a patrol vessel will be a signal 
for any and all vessels to stop immediately.
    (c) Effective Dates. This section is effective at 10 a.m. and 
terminates at 4 p.m. annually on the second Wednesday and Saturday in 
November.

[CGD07-96-049, 61 FR 64993, Dec. 10, 1996]



Sec. 100.723  Annual Holiday Boat Parade of the Palm Beaches; Palm Beach, FL.

    (a) Regulated Area. A regulated area is established to include the 
Port of Palm Beach Turning Basin and the Intracoastal Waterway extending 
south from Lake Worth South LT 1 (LLNR 42170) to Lake Worth South 
Daybeacon 23 (LLNR 42300).
    (b) Special Local Regulations.
    (1) While the parade is transiting, nonparticipating vessels will be 
prohibited from approaching within 1000 feet ahead of the lead vessel in 
the parade to 1000 feet astern of the last participating vessel in the 
parade or within 50 feet on either side of the parade unless authorized 
by the patrol commander. After the passage of the parade participants 
all vessels may resume normal operations.
    (2) A succession of not fewer than 5 short whistle or horn blasts 
from a patrol vessel will be the signal for any non-participating vessel 
to stop immediately. The display of an orange distress smoke signal from 
a patrol vessel will be the signal for any and all vessels to stop 
immediately.
    (c) Effective Date. These regulations are effective annually on the 
second Saturday of December, from 6:30 p.m. until 9 p.m. est.

[CGD07-053, 61 FR 64995, Dec. 10, 1996]



Sec. 100.724  Annual Augusta Invitational Rowing Regatta; Savannah River, Augusta, GA.

    (a) Definitions. (1) Regualted area. The regulated area is formed by 
a line drawn directly across the Savannah River at U.S. Highway 1 (Fifth 
Street) Bridge at mile marker 199.45 and directly across the Savannah 
River at Eliot's Fish Camp at mile marker 197. The regulated area 
includes the width of the Savannah River between these two lines.
    (2) Coast Guard Patrol Commander. The Coast Guard patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who been 
designated by the Commander, Coast Guard Group Charleston, SC.
    (b) Special local regulations. (1) Entry into the regulated area is 
prohibited to all non-participants.
    (2) After the termination of the Invitational Rowing Regatta each 
day, and during intervals between scheduled events, at the discretion of 
the Coast Guard Patrol Commander, all vessels may resume normal 
operations.
    (c) Effective dates. This section is effective at 7 a.m. and 
terminates at 5 p.m. local time annually, on Thursday, Friday, Saturday 
and Sunday of the third weekend of March.

[CGD07-96-063, 62 FR 7937, Feb. 21, 1997]



Sec. 100.801  Annual Marine Events in the Eighth Coast Guard District.

    The following regulations apply to the marine events listed in Table 
1 of this section. These regulations will be effective annually, for the 
duration of each event listed in Table 1. Annual notice of the exact 
dates and times of the effective period of the regulation with respect 
to each event, the geographical area, and details concerning the nature 
of the event and the number of participants and type(s) of vessels 
involved will also be published in local notices to mariners. Sponsors 
of events listed in Table 1 of this section must submit an application 
each year in accordance with 33 CFR 100.15.
    (a) The Coast Guard will patrol the event area under the direction 
of a designated Coast Guard Patrol Commander. The Patrol Commander may 
be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign 
``PATCOM.''
    (b) All persons and vessels not registered with the sponsor as 
participants or official patrol vessels are considered spectators. The 
``official patrol vessels'' consist of any Coast Guard, state or local 
law enforcement and sponsor provided vessels assigned or approved by the 
Commander, Eighth Coast Guard District, to patrol the event.
    (c) Spectator vessels desiring to transit the regulated area may do 
so only

[[Page 244]]

with prior approval of the Patrol Commander and when so directed by that 
officer and will be operated at a no wake speed in a manner which will 
not endanger participants in the event or any other craft.
    (d) No spectator shall anchor, block, loiter, or impede the through 
transit of participants or official patrol vessels in the regulated area 
during the effective dates and times, unless cleared for entry by or 
through an official patrol vessel.
    (e) The Patrol Commander may forbid and control the movement of all 
vessels in the regulated area. When hailed or signaled by an official 
patrol vessel, a vessel shall come to an immediate stop and comply with 
the directions given. Failure to do so may result in expulsion from the 
area, citation for failure to comply, or both.
    (f) Any spectator vessel may anchor outside the regulated area 
specified in Table 1 of this section, but may not anchor in, block, or 
loiter in a navigable channel.
    (g) The Patrol Commander may terminate the event or the operation of 
any vessel at any time it is deemed necessary for the protection of life 
or property.
    (h) The Patrol Commander will terminate enforcement of the special 
regulations at the conclusion of the event.

                         Table 1 of Sec. 100.801

The Blessing of the Fleet and Fireworks Display, Morgan City, Louisiana
    Sponsor: Louisiana Shrimp and Petroleum Festival & Fair Association, 
Inc.
    Date: First Sunday of September
    Duration: 8:30 a.m. through 1 p.m. and 9 p.m. through 10 p.m.
    Location: Berwick Bay from the junction of the Lower Atchafalaya 
River at Morgan City, Louisiana, to Berwick Locks Buoy 1 (LLNR 18445).
The Contraband Days Fireworks Display, Lake Charles, Louisiana
    Sponsor: Contraband Days Festivities, Inc.
    Date: First Saturday of May
    Duration: 9 p.m. through 12 a.m. (midnight)
    Location: A 500 foot radius from the fireworks barge in Lake Charles 
anchored in approximate position 30 deg.13'54'' N, 093 deg.13'42'' W.
Neches River Festival, Beaumont, Texas
    Sponsor: Neches River Festival, Inc.
    Date: Third weekend of April
    Duration: First day--8 a.m. through 9:30 p.m.; Second day--8 a.m. 
through 6 p.m.
    Location: The Neches River from Colliers Ferry landing to Lawson's 
Crossing at the end of Pine Street.
The Blessing of the Shrimp Fleet, Galveston, Texas
    Sponsor: Blessing of the Fleet, City of Galveston, Texas
    Date: Fourth Saturday of April
    Duration: 9:30 a.m. through 5:30 p.m.
    Location: The Galveston Ship Channel from the Pelican Island Bridge 
to Pier 14 at Galveston, Texas.

[CGD08-94-019, 60 FR 10314, Feb. 24, 1995]



Sec. 100.901  Great Lakes annual marine events.

    Permanent special local regulations are hereby established for the 
marine events listed in Table 1. These regulations will be effective 
annually, for the duration of each event, on or about the dates 
indicated in Table 1. Annual notice of the exact dates and times of the 
effective period of the regulations with respect to each event, the 
geographical description of each regulated area, and details concerning 
the nature of the event and the number of participants and type(s) of 
vessels involved will be published in local notices to mariners. To be 
placed on the mailing list for such notices, contact: Commander(oan), 
Ninth Coast Guard District, 1240 E. Ninth St., Cleveland, OH 44199-2060. 
Sponsors of events listed in Table 1 must still submit an application 
each year in accordance with 33 CFR 100.15.
    (a) The Coast Guard will patrol the regatta area under the direction 
of a designated Coast Guard Patrol Commander. The Patrol Commander may 
be contacted on Channel 16 (156.8 MHZ) by the call sign ``Coast Guard 
Patrol Commander.'' Vessels desiring to transit the regulated area may 
do so only with prior approval of the Patrol Commander and when so 
directed by that

[[Page 245]]

officer. Vessels will be operated at a no wake speed to reduce the wake 
to a minimum, and in a manner which will not endanger participants in 
the event or any other craft. The rules contained in the above two 
sentences shall not apply to participants in the event or vessels of the 
patrol operating in the performance of their assigned duties.
    (b) The Patrol Commander may direct the anchoring, mooring, or 
movement of any boat or vessel within the regatta area. A succession of 
sharp, short signals by whistle or horn from vessels patrolling the area 
under the direction of the U.S. Coast Guard Patrol Commander shall serve 
as a signal to stop. Vessels so signaled shall stop and shall comply 
with the orders of the Patrol Commander. Failure to do so may result in 
expulsion from the area, citation for failure to comply, or both.
    (c) The Patrol Commander may establish vessel size and speed 
limitations and operating conditions.
    (d) The Patrol Commander may restrict vessel operation within the 
regatta area to vessels having particular operating characteristics.
    (e) The Patrol Commander may terminate the marine event or the 
operation of any vessel at any time it is deemed necessary for the 
protection of life and property.

                                 Table 1

                           Group Buffalo, NY:

                           Fireworks by Grucci

    Sponsor: New York Power Authority.
    Date: Last weekend of July.
    Location: Lake Ontario, Wright's Landing/Oswego Harbor, NY within an 
800 foot radius of the fireworks launching platform located in 
approximate position 43 deg.28'10'' N 076 deg.31'04'' W.

               Flagship International Kilo Speed Challenge

    Sponsor: Presque Isle Powerboat Racing Association.
    Date: 3rd or 4th weekend of June.
    Location: That portion of Lake Erie, Presque Isle Bay, south of a 
line drawn from 42 deg.08'54'' N 080 deg.05'42'' W; to 42 deg.07' N 
080 deg.21' W will be a regulated area. That portion of Lake Erie, 
Presque Isle bay, north of a line drawn from 42 deg.08'54'' N 
080 deg.05'42'' W; to 42 deg.07' N 080 deg.21' W will be a ``caution 
area''. All vessels transiting the caution area will be operated at bare 
steerageway, keeping the vessel's wake at a minimum, and will exercise a 
high degree of caution in the area. The bay entrance will not be 
effected.

                Flagship International Offshore Challenge

    Sponsor: Presque Isle Powerboat Racing Association.
    Date: 3rd or 4th weekend of June.
    Location: That portion of Lake Erie, Presque Isle Bay, Entrance 
Channel, and the enclosed area from Erie Harbor Pier Head Light (LLNR 
3430) northeast to 42 deg.12'48'' N 079 deg.57'24'' W, thence south to 
shore just east of Shades Beach.

                       Friendship Festival Airshow

    Sponsor: Friendship Festival
    Date: 4th of July holiday.
    Location: That portion of the Niagara River and Buffalo.
    Harbor from:

------------------------------------------------------------------------
               Latitude                            Longitude            
------------------------------------------------------------------------
42 deg.54.4' N.......................  078 deg.54.1' W, thence to       
42 deg.54.4' N.......................  078 deg.54.4' W, thence          
                    along the International Border to                   
42 deg.52.9' N.......................  078 deg.54.9' W, thence to       
42 deg.52.5' N.......................  078 deg.54.3' W, thence to       
42 deg.52.7' N.......................  078 deg.53.9' W, thence to       
42 deg.52.8' N.......................  078 deg.53.8' W, thence to       
42 deg.53.1' N.......................  078 deg.53.6' W, thence to       
42 deg.53.2' N.......................  078 deg.53.6' W, thence to       
42 deg.53.3' N.......................  078 deg.53.7' W, thence          
                         along the breakwall to                         
42 deg.54.4' N.......................  078 deg.54.1' W.                 
------------------------------------------------------------------------

                       Geneva Offshore Grand Prix

    Sponsor: Great Lakes Offshore Powerboat Racing Association.
    Date: 3rd or 4th weekend of May.
    Location: That portion of Lake Erie from:

------------------------------------------------------------------------
               Latitude                            Longitude            
------------------------------------------------------------------------
41 deg.51.5' N.......................  080 deg.58.2' W, thence to       
41 deg.52.4' N.......................  080 deg.53.4' W, thence to       
41 deg.53' N.........................  080 deg.53.4' W, thence to       
41 deg.52.2' N.......................  080 deg.58.2' W, thence to       
41 deg.51.5' N.......................  080 deg.58.2' W.                 
------------------------------------------------------------------------

                     NFBRA Red Dog Kilo Time Trials

    Sponsor: Niagara Frontier Boat Racing Association.
    Date: 4th or 5th weekend of September.

[[Page 246]]

    Location: That portion of the Niagara River, Tonawanda Channel, 
between Tonawanda Channel Buoy 31 to approximately \1/2\ mile southwest 
of Twomile Creek along a line drawn from 43 deg.00'45'' N 
078 deg.55'06'' W to 43 deg.00'28'' N 078 deg.54'56'' W (Sipco Oil 
Company).

                       Offshore Series Grand Prix

    Sponsor: Great Lakes Offshore Powerboat Racing Assn.
    Date: 2nd or 3rd weekend of September.
    Location: That portion of Lake Erie from:

------------------------------------------------------------------------
               Latitude                            Longitude            
------------------------------------------------------------------------
41 deg.51.5' N.......................  080 deg.58.2' W, thence to       
41 deg.52.4' N.......................  080 deg.53.4' W, thence to       
41 deg.53.0' N.......................  080 deg.53.4' W, thence to       
41 deg.52.2' N.......................  080 deg.58.2' W, thence to       
41 deg.51.5' N.......................  080 deg.58.2' W.                 
------------------------------------------------------------------------

                     Sodus Bay 4th of July Fireworks

    Sponsor: Sodus Bay Historical Society.
    Date: 4th of July holiday.
    Location: Lake Ontario, within a 500 foot radius around a barge 
anchored in approximate position 43 deg.15.73' N 076 deg.58.23' W, in 
Sodus Bay.

                              Tallship Erie

    Sponsor: Erie Maritime Programs, Inc.
    Date: 1st or 2nd weekend of July.
    Location: That portion of Lake Erie, Presque Isle Bay
    Entrance Channel and Presque Isle Bay from:

------------------------------------------------------------------------
               Latitude                            Longitude            
------------------------------------------------------------------------
42 deg.10' N.........................  080 deg.03' W, thence to         
42 deg.08.1' N.......................  080 deg.07' W, thence to         
42 deg.07.9' N.......................  080 deg.06.8' W, thence          
               east along the shoreline and structures to:              
42 deg.09.2' N.......................  080 deg.02.6' W, thence to       
42 deg.10' N.........................  080 deg.03' W.                   
------------------------------------------------------------------------

                Thomas Graves Memorial Fireworks Display

    Sponsor: Port Bay Improvement Association.
    Date: 1st or 2nd weekend of July.
    Location: That portion of Lake Ontario, Port Bay Harbor, NY within a 
500 ft radius surrounding a barge anchored in approximate position 
43 deg.17'46'' N 076 deg.50'02'' W.

                    Thunder Island Offshore Challenge

    Sponsor: Thunder on the Water Inc.
    Date: 3rd or 4th weekend of June.
    Location: That portion of Lake Ontario, Oswego Harbor from the West 
Pier Head Light (LLNR 2080) north to:

------------------------------------------------------------------------
               Latitude                            Longitude            
------------------------------------------------------------------------
43 deg.29'02'' N.....................  076 deg.32'04'' W, thence to     
43 deg.26'18'' N.....................  076 deg.39'30'' W, thence to     
43 deg.24'55'' N.....................  076 deg.37'45'' W, thence        
      along the shoreline to the West Pier Head Light (LLNR 2080).      
------------------------------------------------------------------------

                       We Love Erie Days Fireworks

    Sponsor: We Love Erie Days Festival, Inc.
    Date: 3rd weekend of August.
    Location: That portion of Lake Erie, Erie Harbor, within a 300 foot 
radius, surrounding the Erie Sand and Gravel Pier, located in position 
42 deg.08'16'' N 080 deg.05'40'' W.

                           Group Detroit, MI:

                       Bay City Fireworks Display

    Sponsor: Bay City Fraternal Order of Police, Lodge 103.
    Date: 4th of July holidy.
    Location: Saginaw River, from the Veterans Memorial Bridge to 
approximately 1000 yards south to the River Walk Pier, near Bay City, 
MI.

                       Detroit APBA Gold Cup Race

    Sponsor: Spirit of Detroit Association.
    Date: 1st or 2nd weekend of June.
    Location: Detroit River, between Belle Isle and the U.S. shoreline, 
near Detroit, MI. Bound on the west by the Belle Isle Bridge and on the 
east by a north-south line drawn through the Waterworks Intake Crib 
Light (LLNR 1022).

                        Buick Watersports Weekend

    Sponsor: Adore Ltd. and APBA.
    Date: 3rd or 4th weekend of July.
    Location: That portion of the Saginaw River from the Liberty Bridge 
on the north to the Veterans Memorial Bridge on the south, near Bay 
City, MI

                        Cleveland Charity Classic

    Sponsor: Lake Erie Offshore Racing, Ltd.

[[Page 247]]

    Date: 3rd or 4th weekend of July.
    Location: That portion of Lake Erie, Cleveland Harbor from the 
Cleveland Waterworks Intake Crib Light (LLNR 4030) to:

------------------------------------------------------------------------
               Latitute                            Longitude            
------------------------------------------------------------------------
41 deg.30.7' N.......................  081 deg.43.1' W (West Pierhead   
           Light, LLNR 4160), thence along the breakwater to,           
41 deg.30.4' N.......................  081 deg.42.9' W (West            
                Breakwater Light, LLNR 4175), thence to,                
41 deg.30.2' N.......................  081 deg.42.8' W (West Pier       
    Light, LLNR 4185), thence along the shoreline and structures to,    
41 deg.32.5' N.......................  081 deg.38.3' W (Disposal        
                    Light B, LLNR 4045). thence to.                     
41 deg.33' N.........................  081 deg.45' W (Cleveland         
                 Waterwork Intake Crib Light LLNR 4030).                
------------------------------------------------------------------------

                       Cleveland National Air Show

    Sponsor: Cleveland National Air Show.
    Date: Labor Day Weekend.
    Location: That portion of Lake Erie and Cleveland Harbor (near Burke 
Lakefront Airport) from a line running perpendicular from Dock No. 34 on 
the west, to 2000 feet north of the breakwater, then parallel to the 
breakwater, to a line running perpendicular from the east end of the 
Burke Lakefront Airport land fill.

                      Cleveland Offshore Grand Prix

    Sponsor: Great Lakes Offshore Powerboat Racing Assn.
    Date: 1st or 2nd weekend of August.
    Location: That portion of Lake Erie, Cleveland Harbor from the 
Cleveland Waterworks Intake Crib Light to:

------------------------------------------------------------------------
               Latitute                            Longitude            
------------------------------------------------------------------------
41 deg.30.7' N.......................  081 deg.43.1' W (West Pierhead   
           Light, LLNR 4160), thence along the breakwater to,           
41 deg.30.4' N.......................  081 deg.42.9' W (West            
                Breakwater Light, LLNR 4175), thence to,                
41 deg.30.2' N.......................  081 deg.42.8) W (West Pier       
    Light, LLNR 4185), thence along the shoreline and structures to,    
41 deg.32.5' N.......................  081 deg.38.3' W (Disposal        
                     Light B, LLNR 4045). thence to,                    
41 deg.33' N.........................  081 deg.45' W (Cleveland         
                Waterworks Intake Crib Light LLNR 4030).                
------------------------------------------------------------------------

                                Flatsfest

    Sponsor: Flats Riverfest Corporation.
    Date: 3rd or 4th weekend of July.
    Location: Cuyahoga River, Conrail Railroad Bridge at Mile 0.8 above 
the mouth of the river to the Eagle Avenue Bridge, near Cleveland, OH.

                    International Bay City River Roar

    Sponsor: Bay City River Roar, Inc.
    Date: 3rd or 4th weekend of June.
    Location: That portion of the Saginaw River from the Liberty Bridge 
on the north to the Veterans Memorial Bridge on the south, near Bay 
City, MI.

                International Freedom Festival Fireworks

    Sponsor: Detroit Renaissance Foundation.
    Date: 3rd or 4th week of June.
    Location: The Detroit River between 083 deg.03' W (Cobo Hall) and 
083 deg.01'27'' W (Huron Cement).

           International Freedom Festival Tug Across the River

    Sponsor: Detroit Renaissance Foundation.
    Date: 3rd or 4th week of June.
    Location: That portion of the Detroit River bounded on the south by 
the International Boundary, on the west by 083 deg.03' W, on the east by 
083 deg.02' W, and on the north by the U.S. shoreline.

                    Port Clinton Offshore Grand Prix

    Sponsor: Great Lakes Offshore Powerboat Racing Association.
    Date: 1st or 2nd weekend of July.
    Location: That portion of western Lake Erie:

------------------------------------------------------------------------
               Latitute                            Longitude            
------------------------------------------------------------------------
41 deg.31.2' N.......................  082 deg.56.1' W, thence          
                 along the shoreline and structures to                  
41 deg.33.3' N.......................  082 deg.51.3' W, thence to       
41 deg.33.3' N.......................  082 deg.52.8' W, thence to       
41 deg.31.2' N.......................  082 deg.56.1' W.                 
------------------------------------------------------------------------

                   Port Huron to Mackinac Island Race

    Sponsor: Bayview Yacht Club.
    Date: 2nd or 3rd weekend of July.
    Location: That portion of the Black River, St. Clair River, and 
Lower Lake Huron from:

------------------------------------------------------------------------
               Latitute                            Longitude            
------------------------------------------------------------------------
42 deg.58.8' N.......................  082 deg.26' W, to                
42 deg.58.4' N.......................  082 deg. 24.8' W, thence         
             northward along the International Boundary to              
43 deg. 02.8' N......................  082 deg.23.8' W, to              
43 deg. 02.8' N......................  082 deg.26.8' W, thence          
                 southward along the U.S. shoreline to                  
42 deg.58.9' N.......................  082 deg.26' W, thence to         
42 deg. 58.8' N......................  082 deg. 26'W.                   
------------------------------------------------------------------------


[[Page 248]]

                  Thunder on the River Hydroplane Race

    Sponsor: Toledo Prop Spinners.
    Date: 3rd or 4th weekend of August.
    Location: Maumee River, between the Martin Luther King and Anthony 
Wayne bridges, near Toledo, OH.

                      Toledo 4th of July Fireworks

    Sponsor: City of Toledo.
    Date: 4th of July weekend.
    Location: Maumee River, between the Martin Luther King and Anthony 
Wayne bridges, near Toledo, OH.

                       Toledo Labor Day Fireworks

    Sponsor: Reams Broadcasting Corporation.
    Date: Labor Day.
    Location: Maumee River, between the Martin Luther King and Anthony 
Wayne bridges, near Toledo, OH.

                       Group Sault Ste. Marie, MI:

                           Bridgefest Regatta

    Sponsor: Bridgefest Committee.
    Date: 2nd weekend of June.
    Location: Keweenaw Waterway, from the Houghton Hancock Lift Bridge 
to 1000 yards west of the bridge, near Houghton, MI.

                      Duluth Fourth Fest Fireworks

    Sponsor: Office of the Mayor, Duluth, MN.
    Date: 4th of July weekend.
    Location: That portion of the Duluth Harbor Basin Northern Section 
bounded on the south by a line drawn on a bearing of 087 deg. true from 
the Cargill Pier through Duluth Basin Lighted Buoy #5 (LLNR 15905) to 
the opposite shore on the north by the Duluth Aerial Bridge. That 
portion of Duluth Harbor Basin Northern Section within 600 yards of 
position 46 deg.46'47'' N 092 deg.06'10'' W.

                           July 4th Fireworks

    Sponsor: City of Sault Ste Marie, MI.
    Date: 4th of July weekend.
    Location: That portion of the St. Marys River, Sault Ste. Marie, MI 
within a 1000 foot radius of Brady Park, located on the south shore of 
the river. These waters are enclosed by the Locks to the west and to the 
east from a line drawn from the pier light of the east center pier to 
the U.S. Coast Guard Base to the southeast.

         National Cherry Festival Blue Angels Air Demonstration

    Sponsor: National Cherry Festival Inc.
    Date: 1st week of July.
    Location: That portion of the Western arm of the Grand Traverse Bay, 
Traverse City, MI, enclosed by straight lines connecting the following 
geographic coordinates:

------------------------------------------------------------------------
               Latitude                            Longitude            
------------------------------------------------------------------------
44 deg.46.8' N.......................  085 deg.38.3' W, to              
44 deg.46.5' N.......................  085 deg.35.5' W, to              
44 deg.46' N.........................  085 deg.35.8' W, to              
44 deg.46.5' N.......................  085 deg.38.5' W, thence to       
44 deg.46.8' N.......................  085 deg.38.3' W.                 
------------------------------------------------------------------------

                     Venetian Festival Yacht Parade

    Sponsor: Charlevoix Chamber of Commerce.
    Date: 3rd or 4th weekend of July.
    Location: That portion of the upper and lower section of the Pine 
River, to include Round Lake, from:

------------------------------------------------------------------------
               Latitude                            Longitude            
------------------------------------------------------------------------
45 deg.19.3' N.......................  085 deg.15.9' W, (North          
                 Pierhead Light, LLNR 17920) thence to,                 
45 deg.18.9' N.......................  085 deg.14.7' W, (Pine           
                  River Light 3, LLNR 17945) thence to,                 
45 deg.18.8' N.......................  085 deg.14.7' W, (Pine           
          River Channel Lighted Buoy 2, LLNR 17950) thence to,          
45 deg.19' N.........................  085 deg.15.9' W, (South          
                 Pierhead Light, LLNR 17925) thence to,                 
45 deg.19.3' N.......................  085 deg.15.9' W.                 
------------------------------------------------------------------------

                         Group Grand Haven, MI:

                             City Fireworks

    Sponsor: City of Frankfort, MI.
    Date: 4th of July Holiday.
    Location: Lake Michigan, Frankfort, MI within a 1000 foot radius of 
the fireworks launching site located on Lake Michigan Beach in 
approximate position 44 deg.38' N 086 deg.14'50'' W.

                     Coast Guard Festival Fireworks

    Sponsor: Grand Haven Coast Guard Festival, Inc.
    Date: 1st weekend of August.
    Location: That portion of the Grand River, Grand Haven, MI, from a 
north-south line drawn from the North Pierhead Light Number 1 (LLNR 
18045)

[[Page 249]]

on the north to the South Pierhead Entrance Light (LLNR 18035) on the 
south, thence down river to the US 31 Bascule Bridge (mile 2.89).

                          4th of July Fireworks

    Sponsor: WSJM & WIRX RADIO.
    Date: 4th of July Holiday.
    Location: St. Joseph River, within a 1000 foot radius of the 
fireworks launching site, located at the St. Joseph South Pier, in 
approximate position 42 deg.06'48'' N 086 deg.29'15'' W.

      Grand Haven Area Jaycees Annual 4th of July Fireworks Display

    Sponsor: Grand Haven Area Jaycees.
    Date: 1st week of July.
    Location: That portion of the Grand River, Grand Haven, MI from the 
pier heads (mile 0.0) to the US 31 Bascule Bridge (mile 2.89).

                        Holland Jaycees Fireworks

    Sponsor: Holland Jaycees
    Date: 4th of July Holiday
    Location: The portion of Lake Michigan, Holland, MI within a 1000 
foot radius of the fireworks launching site, located in Kollen Park, in 
approximate position 42 deg.47'20'' N 086 deg.07'12'' W.

            Ludington Area Jaycees Freedom Festival Fireworks

    Sponsor: Ludington Area Jaycees.
    Date: 4th of July Holiday.
    Location: Lake Michigan, Ludington Harbor, MI, within a 1000 foot 
radius of the fireworks launching site located at the Loomis Street Boat 
Launch, in approximate position 43 deg.57'16'' N 086 deg.27'42'' W.

                  Muskegon Summer Celebration Fireworks

    Sponsor: The Muskegon Summer Celebration.
    Date: 4th of July Holiday.
    Location: That portion of Muskegon Lake, in the vicinity of Heritage 
Landing, within a 1000 foot radius of the fireworks launching site, 
located in approximate position 43 deg.13'52'' N 086 deg.15'48'' W.
    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.

                    South Haven 4th of July Fireworks

    Sponsor: South Haven Jaycees.
    Date: 4th of July Holiday.
    Location: Lake Michigan, Black River, South Haven, MI within a 1000 
foot radius of the fireworks launching site located on the North Pier, 
in approximate position 42 deg.24'08'' N 086 deg.17'03'' W. Datum: NAD 
1902.

                 Tulip Time Fireworks and Water Ski Show

    Sponsor: Holland Tulip Time Festival Inc.
    Date: 1st weekend of May.
    Location: That portion of Lake Macatawa, Holland Harbor, east of a 
north-south line, from shore to shore, at position 086 deg.08' W.

                        Tulip Time Water Ski Show

    Sponsor: Holland Tulip Time Festival Inc.
    Date: 2nd weekend of May.
    Location: That portion of Lake Macatawa, Holland Harbor, east of a 
north-south line, from shore to shore, at position 086 deg.08' W.

                        Van Andel Fireworks Show

    Sponsor: Amway Corporation, Ada, MI.
    Date: 4th of July Holiday.
    Location: Lake Michigan, Holland Harbor, MI, South Pier, within a 
1000 foot radius of the fireworks launching site located in approximate 
position 42 deg.46'21'' N 086 deg.12'48'' W.

                   Venetian Festival Fireworks Display

    Sponsor: Venetian Festival on the St. Joseph River Inc.
    Date: 3rd weekend of July
    Location: St. Joseph River, within a 1,000-foot radius of the 
fireworks launching site, located at the St. Joseph South Pier, in 
approximate position 42 deg.06'48'' N 086 deg.29'15'' W.

[[Page 250]]

                  Waves of Thunder Offshore Spectacular

    Sponsor: Michigan Offshore Powerboat Racing Association
    Date: 3rd weekend of June
    Location: That portion of Lake Michigan, from the South Pierhead 
Light (LLNR 18520) south along the shoreline to:

------------------------------------------------------------------------
               Latitute                            Longitude            
------------------------------------------------------------------------
42 deg.19' N.........................  086 deg.19.3' W, thence to       
42 deg.19.5' N.......................  086 deg.19.8' W, thence to       
42 deg.23.9' N.......................  086 deg.18.7' W, thence to       
42 deg.23.9' N.......................  086 deg.17' W.                   
------------------------------------------------------------------------

               West Michigan Offshore Powerboat Challenge

    Sponsor: Michigan Offshore Powerplant Racing Association
    Date: 1st or 2nd weekend of September
    Location: That portion of Lake Michigan from:

------------------------------------------------------------------------
               Latitude                            Longitude            
------------------------------------------------------------------------
43 deg.03.4' N.......................  086 deg.15.3' W (Grand Haven     
                                        South Pierhead Entrance Light,  
                                        LLNR 18965), thence along the   
                                        breakwater and shoreline to     
42 deg.54.8' N.......................  086 deg.13' W, thence to         
42 deg.54.8' N.......................  086 deg.15.7' W, thence to       
43 deg.03.4' N.......................  086 deg.15.7' W, thence to       
43 deg.03.4' N.......................  086 deg.15.3' W (Grand Haven     
                                        South Pierhead Entrance Light,  
                                        LLNR 18965).                    
------------------------------------------------------------------------

                          Group Milwaukee, WI:

                       Chicago Air and Water Show

    Sponsor: Chicago Park District
    Date: 3rd or 4th weekend of August
    Location: That portion of Lake Michigan from 41 deg.55'54'' N at the 
shoreline, then east to a point at 41 deg.55'54'' N 87 deg.37'12'' W, 
thence southeast to a point at 41 deg.54' N 87 deg.36' W, then a line 
drawn southwestward to the northeast corner of the Central District 
Filtration Plant Breakwall, thence due west to shore.

                             Festa Italiana

    Sponsor: The Italian Community Center
    Date: 3rd weekend of July
    Location: The uncharted lagoon or basin in Milwaukee Harbor north of 
the mouth of the Milwaukee River and directly adjacent to the Summerfest 
grounds, enclosed by shore on the west and a ``comma'' shaped man-made 
rock wall on the east. The construction of the lagoon is such that a 
small ``basin'' has been created with one entrance located at the 
northwest end, thus, there is no ``thru traffic''.

                          Milwaukee Summerfest

    Sponsor: Milwaukee World Festival, Inc.
    Date: Last week of June through 2nd weekend of July
    Location: the unchartered lagoon or basin in Milwaukee Harbor north 
of the mouth of the Milwaukee River and directly adjacent to the 
Summerfest grounds, enclosed by shore on the west and a ``comma'' shaped 
man-made rock wall on the east. The construction of the lagoon is such 
that a small ``basin'' has been created with one entrance located at the 
northwest end, thus, there is no ``thru traffic''. Four special buoys 
will be set by the sponsor to delineate the entrance to the lagoon.

                     Racine on the Lakefront Airshow

    Sponsor: Rotary Club of Racine
    Date: 2nd weekend of June
    Location: That portion of Racine Harbor, Lake Michigan bounded by 
the following corner points:

Southeast Corner--42 deg.41.95' N 87 deg.45.5' W
Southwest Corner--42 deg.41.95' N 87 deg.47.2' W
Northwest Corner--42 deg.45.6' N 87 deg.46.2' W
Northeast Corner--42 deg.45.6' N 87 deg.45.5' W

[CGD 09-88-01, 54 FR 29547, July 13, 1989, as amended by CGD 09-93-025, 
58 FR 40738, July 30, 1993; CGD 09-95-029, 61 FR 5681, Feb. 14, 1996]



Sec. 100.902  Macomb Daily Offshore Classic, Lake St. Clair, St. Clair Shores, MI.

    (a) Race course.
    Location: That portion of Lake St. Clair enclosed by:

Latitude                             Longitude                          
42 deg. 34.2'N                       082 deg. 48.3'W, to                
42 deg. 33.8'N                       082 deg. 47.5'W, to                
42 deg. 31.2'N                       082 deg. 49.7'W, to                
42 deg. 31.5'N                       082 deg. 50.5'W, thence to         
42 deg. 34.2'N                       082 deg. 48.3'W.                   
                                                                        

Datum: NAD 1983.
    (b) No entry zone.
    Location: That portion of Lake St. Clair, on the outside of the race 
course area from Point Huron southwest to:

[[Page 251]]



Latitude                             Longitude                          
42 deg. 32.9'N                       082 deg. 47.8'W, thence to         
42 deg. 33.9'N                       082 deg. 50.3'W, thence northeast  
                                      along the shoreline to Point      
                                      Huron.                            
                                                                        

Datum: NAD 1983.
    (c) Regulation: No vessel may enter the ``No Entry Zone'' or ``Race 
Course'' without prior approval of the Coast Guard Patrol Commander. The 
``No Entry Zone'' will include all of the L'anse Creuse Bay area.
    (d) Caution area--(1) Location: That portion of Lake St. Clair, on 
the outside of the race course area from a west-northwest line between:

Latitude                             Longitude                          
42 deg. 32.9'N                       082 deg. 47.8'W, and               
42 deg. 33.9'N                       082 deg. 50.3'W, southwest along   
                                      the shoreline to:                 
42 deg. 31.5'N                       082 deg. 52.3'W, thence to         
42 deg. 30.5'N                       082 deg. 49.6'W, thence to         
42 deg. 32.9'N                       082 deg. 47.8'W.                   
                                                                        

Datum: NAD 1983.
    (2) Regulation: All vessels transiting the ``Caution Area'' will be 
operated at bare steerageway, keeping the vessel's wake at a minimum, 
and exercise a high degree of caution.
    (e) Vessel spectator areas: Two Vessel Spectator Areas will be 
established by the Coast Guard Patrol Commander, on the east and west 
side of the race course.
    (1) Location: That portion of Lake St. Clair, rectangular in shape, 
enclosed by:
    Western Spectator Area:

Latitude                             Longitude                          
42 deg. 33.6'N                       082 deg. 49.5'W, to                
42 deg. 33.4'N                       082 deg. 49.1'W, to                
42 deg. 31.8'N                       082 deg. 50.8'W, to                
42 deg. 32.0'N                       082 deg. 51.2'W, thence to         
42 deg. 33.6'N                       082 deg. 49.5'W.                   
                                                                        

    Eastern Spectator Area:

Latitude                             Longitude                          
42 deg. 32.9'N                       082 deg. 47.6'W, to                
42 deg. 32.7'N                       082 deg. 47.2'W, to                
42 deg. 30.9'N                       082 deg. 48.4'W, to                
42 deg. 31.2'N                       082 deg. 48.8'W, thence to         
42 deg. 32.9'N                       082 deg. 47.6'W.                   
                                                                        

Datum: NAD 1983.
    (2) Regulation: Vessels will be permitted to anchor to watch the 
race. All vessels transiting the ``Vessel Spectator Areas'' will be 
operated at bare steerageway, keeping the vessel's wake at a minimum, 
and exercise a high degree of caution.
    (f) Patrol Commander--(1) The Coast Guard will patrol the regulated 
areas under the direction of a designated Coast Guard Patrol Commander 
(Commanding Officer, U.S. Coast Guard Station St. Clair Shores, MI). The 
Patrol Commander may be contacted on channel 16 (156.8 MHZ) by the call 
sign ``Coast Guard Patrol Commander''.
    (2) The Patrol Commander may direct the anchoring, mooring, or 
movement of any boat or vessel within the regulated area. A succession 
of sharp, short signals by whistle or horn from vessels patrolling the 
area under the direction of the U.S. Coast Guard Patrol Commander shall 
serve as a signal to stop. Any vessel so signaled shall stop and shall 
comply with the orders of the Patrol Commander. Failure to do so may 
result in expulsion from the area, citation for failure to comply, or 
both.
    (3) The Patrol Commander may establish vessel size and speed 
limitations, and operating conditions.
    (4) The Patrol Commander may restrict vessel operation within the 
regulated area to vessels having particular operating characteristics.
    (5) The Patrol Commander may terminate the marine event or the 
operation of any vessel at any time it is deemed necessary for the 
protection of life, limb and property.
    (g) General regulations applicable to all areas--Commercial vessels 
desiring to transit the regulated areas shall provide prior notification 
to the Coast Guard Patrol Commander. Any vessel traffic desiring to 
transit the regulated areas may do so only with prior approval of the 
Coast Guard Patrol Commander. Vessels in the regulated areas shall 
comply with the directions of the Coast Guard Patrol Commander.
    (h) Effective date: These regulations will become effective from 11 
A.M. (EDST) until 2 P.M. (EDST), on May 20, 1995, unless otherwise 
terminated by the Coast Guard Patrol Commander (Commanding Officer, U.S. 
Coast Guard Station St. Clair Shores, MI), and thereafter annually on 
the third weekend in May, at the same prescribed

[[Page 252]]

times unless otherwise specified in the Coast Guard Local Notice to 
Mariners.

[CGD09-93-009, 60 FR 29757, June 6, 1995]



Sec. 100.1101  Southern California annual marine events.

    (a) Special local regulations will be established for the events 
listed in Table 1. Further information on exact dates, times, details 
concerning number and type of participants and an exact geographical 
description of the areas are published by the Eleventh Coast Guard 
District in the Local Notice to Mariners at least 20 days prior to each 
event. To be placed on the mailing list contact: Commander (oan), 
Eleventh Coast Guard District, 400 Oceangate Blvd., Long Beach, CA 
90822-5399.
    (b) Special local regulations. All persons and/or vessels not 
registered with the sponsor as participants or official patrol vessels 
are considered spectators. The ``official patrol'' consists of any Coast 
Guard, public, state or local law enforcement and/or sponsor provided 
vessels assigned and/or approved, by Commander, Eleventh Coast Guard 
District to patrol each event.
    (1) No spectators shall anchor, block, loiter in, or impede the 
through transit of participants or official patrol vessels in the 
regulated area during the effective dates and times, unless cleared for 
such entry by or through an official patrol vessel.
    (2) When hailed and/or signaled by an official patrol vessel, a 
spectator shall come to an immediate stop. Vessels shall comply with all 
directions given, failure to do so may result in a citation.
    (3) The Patrol Commander is empowered to forbid and control the 
movement of all vessels in the regulated area. The Patrol Commander 
shall be designated by the Commander, Eleventh Coast Guard District, and 
as his representative may terminate the event at any time it is deemed 
necessary for the protection of life and property. He may be reached on 
VHF Channel 16 (156.8 MHz) when required, by the call sign ``PATCOM''.

                                 Table 1

Del Rey to Puerto Vallarta Race
    Sponsor: Del Rey Yacht Club
    Date: February
    Location: Santa Monica Bay, that portion bounded by the following 
coordinates: Lat 33 degrees 56'23" N, Long 118 degrees 28'20" W, Lat 33 
degrees 56'23" N, Long 118 degrees 28'55" W, Lat 33 degrees 56'55" N, 
Long 118 degrees 28'55" W, Lat 33 degrees 56'55" N, Long 118 degrees 
28'20" W. This area is for the start of the race only.
San Diego Crew Classic
    Sponsor: San Diego Crew Classic
    Date: April
    Location: Mission Bay, that portion bounded by Enchanted Cove, 
Fiesta Island, Pacific Passage and DeAnza Point.
Newport to Ensenada Race
    Sponsor: Newport Ocean Sailing Association
    Date: Late April
    Location: That portion of the Pacific Ocean off Newport, bounded by 
the following coordinates; Lat 33 degrees 35.3' N, Long 117 degrees 
53.3' W; Lat 33 degrees 34.9' N, Long 117 degrees 53.3' W; Lat 33 
degrees 34.9' N, Long 117 degrees 54.5' W; Lat 33 degrees 35.3' N, Long 
117 degrees 54.5' W. This area is for the start of the race only.
California Cup
    Sponsor: California Yacht Club
    Date: Late May (4 day event)
    Location: Santa Monica Bay, that portion bounded by the following 
coordinates; Lat 34 degrees 01.4' N, Long 118 degrees 31.8' W; Lat 33 
degrees 59.7' N, Long 118 degrees 37.9' W; Lat 33 degrees 59.2' N, Long 
118 degrees 37.7' W; Lat 33 degrees 59.5' N, Long 118 degrees 33.4' W; 
Lat 33 degrees 57.0' N, Long 118 degrees 30.9' W; Lat 33 degrees 57.2' 
N, Long 118 degrees 30.1' W.
Coronado 4th of July Demonstration, Fireworks and Rehearsals
    Sponsor: Citizens Committee Coronado 4th of July
    Date: 4 July (& 3 days of rehearsals prior to)
    Location: Glorietta Bay, Coronado, the following portions: (1) 
Demonstration Area--from the tip of the marina, Lat 32 degrees 40'43.5" 
N, Long 117 degrees 10'20.5" W; northeast to Lat 32 degrees 40'48.5" N, 
Long 117 degrees 10'10.5" W; east along the shoreline to Lat 32 degrees 
40'43.5" N, Long 117 degrees 10'00" W; east to Lat 32 degrees 40'46" N, 
Long 117 degrees 09'58" W; south to Lat 32 degrees 40'41" N, Long 117 
degrees 09'56.5" W; east to Lat 32 degrees 40'41" N, Long 117 degrees 
09'49" W; northeast to Lat 32 degrees 40'54" N, Long 117 degrees 09'30" 
W (Navy Restricted Area); thence southwest along shoreline to the 
initial point. (2) Fireworks Display Area--from Lat 32 degrees 40'41" N, 
Long 117 degrees 09'56.5" W; south to Lat 32 degrees 40'33" N, Long 117 
degrees 09'56.5" W; northeast to Lat 32

[[Page 253]]

degrees 40'41" N, Long 117 degrees 09'49" W; thence west to the initial 
point.
Los Angeles to Honolulu Yacht Race (Transpac)
    Sponsor: Transpacific Yacht Club
    Date: 4 July (biennially)
    Location: San Pedro Channel, that portion between Point Fermin and 
Portugese Bend bounded between the following coordinates: Lat 33 
degrees, 42.6' N; Long 118 degrees, 19.5' W; Lat 33 degrees, 41.7' N; 
Long 118 degrees, 19.5' W; Lat 33 degrees, 41.7' N; Long 118 degrees, 
21.2' W; Lat 33 degrees, 43.3' N; Long 118 degrees, 21.2' W. This area 
is for the start of the race only.
Thunderboat Regatta
    Sponsor: Thunderboats Unlimited of San Diego
    Date: Late September (4 day event)
    Location: Fiesta Bay, Mission Bay, that portion bounded by the 
following coordinates: starting at Lat 32 degrees 47'32" N, Long 117 
degrees 13'00" W, thence due west to Long 117 degrees 13.25" W, thence 
along the eastern shoreline of Crown Point to the Vacation Isle Bridge, 
thence south along the bridge to Vacation Isle, thence along the eastern 
shoreline of Vacation Isle to Lat 32 degrees 46'18" N, Long 117 degrees 
14'01" W, thence southeasterly to Lat 32 degrees 46'14" N, Long 117 
degrees 13'43" W, thence along the western shoreline of Fiesta Island to 
Lat 32 degrees 47'20" N, Long 117 degrees 13'00" W, thence due north to 
the starting point.
Head of Harbor Regatta
    Sponsor: University of Southern California, Department of 
Intercollegiate Athletics
    Date: November
    Location: Los Angeles Harbor, that portion between Berth 191 and the 
Ford/Heim Bridges.
Symphony of Lights Boat Parade
    Sponsor: Huntington Harbor Philharmonic Society
    Date: Early weekend in December
    Location: Entire Huntington Harbor Area
Long Beach Festival of 1000 Lights
    Sponsor: Shoreline Village Administration
    Date: Early December
    Location: Long Beach Harbor, that portion bounded by Shoreline 
Downtown Marina, the Queens Way Bridge and the Queen Mary;
Marina Del Rey Christmas Boat Parade
    Sponsor: Pioneer Skippers Boat Owners Association
    Date: Early December
    Location: Marina del Rey Harbor, Main and entrance channels
Los Angeles Christmas Afloat Parade
    Sponsor: Los Angles Harbor Department
    Date: Early December
    Location: Los Angeles Harbor, that portion between the Vincent 
Thomas Bridge and Reservation Point.
Newport Harbor Christmas Boat Parade of Lights
    Sponsor: Newport Harbor Area Chamber of Commerce
    Date: Week prior to Christmas (7 day event)
    Location: Entire Newport Harbor Area
Mission Bay Parade of Lights
    Sponsor: Mission Bay Yacht Club
    Date: Late December
    Location: Mission Bay, the Main Entrance Channel, Sail Bay and 
Fiesta Bay.
San Diego Christmas Boat Parade of Lights
    Sponsor: Greater Shelter Island Association
    Date: Late December
    Location: San Diego Harbor, the northern portion of the main channel 
from Seaport Village to the Shelter Island Yacht Basin.
City Of Long Beach 4th Of July Fireworks
    Sponsor: City of Long Beach
    Date: 4 July
    Location: A 500 foot radius around a barge located between Belmont 
Pier and Oil Island White, Long Beach Harbor, CA.
International Catalina Ski Race
    Sponsor: Long Beach Boat & Ski Club
    Date: Second Sunday in August
    Location: From the Queen Mary at Long Beach, CA to Avalon Harbor, 
Catalina Island and return. Regulated Area: A 1,000 yard corridor from 
Queens Gate (Long Beach Harbor entrance), directly north to the Long 
Beach Downtown Marina breakwall.

[CGD11 86-01, 51 FR 17184, May 9, 1986, as amended by CGD11 86-01, 51 FR 
22806, June 23, 1986]



Sec. 100.1102  Marine Events on the Colorado River, between Davis Dam (Bullhead City, Arizona) and Headgate Dam (Parker, Arizona).

    (a) General. Sponsors are informed that ample lead time is required 
to inform all Federal, state, local agencies and/or other interested 
parties and to provide the sponsor the best support to ensure the safety 
of life and property. A Coast Guard-National Park Service agreement 
exists for both the Glen Canyon and Lake Mead National Recreational 
Areas; applicants shall contact the cognizant authority for approval of 
events in these areas.
    (b) The following Special Local Regulations will be issued for the 
events listed in Table 1. Further information

[[Page 254]]

on exact dates, times, and details concerning number and type of 
participants and an exact geographical description of the areas will be 
published by the Eleventh Coast Guard District in the Local Notice to 
Mariners at least 20 days prior to each event. To be placed on the 
mailing list, contact: Commander (oan), Eleventh Coast Guard District, 
400 Oceangate Blvd., Long Beach, CA 90822-5399.
    (c) Special local regulations.  All persons and/or vessels not 
registered with the sponsor as participants or official patrol vessels 
are considered spectators. The ``official patrol'' consists of any Coast 
Guard, public, state, local law enforcement, and/or sponsor provided 
vessels assigned and/or approved by Commander, Eleventh Coast Guard 
District, to patrol each event.
    (1) No spectators shall anchor, block, loiter in, or impede the 
through transit of participants or official patrol vessels in the 
regulated area during the effective dates and times unless cleared for 
such entry by or through an official patrol vessel.
    (2) When hailed and/or signaled by an official patrol vessel, a 
spectator shall come to an immediate stop. Vessels shall comply with all 
directions given. Failure to do so may result in a citation.
    (3) The Patrol Commander is empowered to forbid and control the 
movement of all vessels in the regulated area. The Patrol Commander 
shall be designated by the Commander, Eleventh Coast Guard District. As 
the Commander's representative, the Patrol Commander may terminate the 
event at any time it is deemed necessary for the protection of life and 
property. The Patrol Commander may be reached on VHF Channel 16 (156.8 
MHz) when required, by the call sign ``PATCOM''.

                                 Table 1

                  National Jet Boat Association Regatta

Sponsor: National Jet Boat Association
Date: 3 weekend events between February and June; 3 weekend events 
          between September and December
Where: that portion of Lake Moovalya, Parker, Arizona between Headgate 
          Dam and 1.5 miles north.

                              Parker Enduro

Sponsor: Parker Area Chamber of Commerce
Date: Early weekend in March
Where: that portion of Lake Moovalya, Parker, Arizona between river 
          miles 179 and 185 (between the Roadrunner Resort and Headgate 
          Dam).

                        Bullhead City Boat Drags

Sponsor: Sunshine Promotions
Date: 2 to 4 weekend events between March and October
Where: that portion of the Colorado River starting from the entrance of 
          Riviera Marina, Riviera, Arizona to 2200 feet north.

                            Laughlin Classic

Sponsor: Laughlin Chamber of Commerce
Date: Weekend in May or June
Where: that portion of the Colorado River at Laughlin, Nevada, from the 
          Pioneer Hotel to the Edgewater Hotel.

                       Parker Thanksgiving Regatta

Sponsor: Southern California Speedboat Club
Date: Four-day event during Thanksgiving
Where: that portion of Lake Moovalya, Parker, Arizona between the 
          northern and southern boundries of La Paz County Park.

                       Lake Havasu Waterski Shows

Sponsor: Lake Havasu Waterski Club
Date: Various 2 hour weekend shows throughout the year
Where: that portion of the Bridgewater Channel, Lake Havasu, Arizona, 
          200 yards north and south of the London Bridge.

                           Lake Havasu Classic

Sponsor: Havasu Sports Federation
Date: 5 day event during Thanksgiving weekend
Where: that portion of Thompson Bay, Lake Havasu, Arizona starting 
          approximately 100 yards on bearing of 130' T off Spectator 
          Point, thence due north approximately 2200 yards, thence due 
          west approximately 2400 yards, thence back to the starting 
          point.

                Campbell Boat Owners Association Regatta

Sponsor: Campbell Boat Owners Association
Date: Weekend in September
Where: that portion of Thompson Bay, Lake Havasu, Arizona starting 
          approximatley 100 yards on bearing of 130' T off Spectator 
          Point, thence due north approximately 2200 yards, thence due 
          west approximately 2400 yards, thence back to the starting 
          point.

[CGD11 86-1102, 51 FR 28706, Aug. 11, 1986]

[[Page 255]]



Sec. 100.1103  Opening Day Marine Parade, San Francisco Bay.

    (a) This section is effective from 0800 to 1500 PDT, 28 April 1991, 
and thereafter annually on the last Sunday in April as published in the 
Local Notices to Mariners.
    (b) The following areas are designated ``regulated areas'' during 
the marine parade.
    (1) Northern Area in Raccoon Strait. The area between a line drawn 
from Bluff Point on the southeastern side of Tiburon Peninsula to Point 
Campbell on the northern edge of Angel Island, and a line drawn from 
Peninsula Point on the southern edge of Tiburon Peninsula to Point 
Stuart on the western edge of Angel Island.
    (2) Southern Area. The area defined by a line drawn from Fort Point 
(37-48.66N 122-28.64W) 079 Degrees True approximately 5,000 yards to a 
point located at 37-49.15N 122-25.61W, thence 091 Degrees True to the 
Blossom Rock Bell Buoy (37-49.10N 122-24.20W), thence 200 Degrees True 
to the Northeast corner of Pier 35.
    (c) Regulations. (1) All vessels entering the regulated area shall 
follow the parade route and maintain an approximate speed of six knots.
    (2) All vessels in the Northern Area shall proceed in a generally 
southwesterly direction except in that area immediately adjacent to the 
shore of Angel Island where vessels may transit in a northeasterly 
direction.
    (3) Vessels departing the San Francisco Yacht Harbor may transit the 
area only with the permission of and subject to the direction of Coast 
Guard patrol personnel.
    (4) The parade will be interrupted, as necessary, to permit the 
passage of commericial vessel traffic.
    (5) No vessel shall anchor or drift in the regulated areas.
    (6) All vessels in the vicinity of the parade shall comply with the 
instructions of the U.S. Coast Guard patrol personnel.

[CGD11-90-09, 56 FR 18514, Apr. 23, 1991]



Sec. 100.1104  Sacramento River--Sacramento Water Festival.

    The Sacramento Water Festival Association, Sacramento, California 
sponsors the Sacramento Water Festival annually on the first Saturday 
and the following Sunday of July. This event will consist of high speed 
powerboat races over a closed course with 18 foot Formula I powerboats 
competing, plus raft races, kayak races, jet ski races, water ski 
exhibitions, fire works display and other activities.
    (a) Effective dates. This section is effective from 0945 to 1800 PDT 
3, 4, and 5 July 1987 and thereafter annually on the first Friday and 
the following Saturday and Sunday in July as published in the Local 
Notice to Mariners.
    (b) Applicable areas. The following areas are designated ``Regulated 
Areas'' during the Sacramento Water Festival:
    (1) Special events area. That portion of the Sacramento River east 
of the Sacramento County/Yolo County line from a line between the bow of 
the permanently moored Delta King on the east side of the river to the 
dolphin at the north end of the pier known as Raley's on the west side 
of the river, south to 200 yards south of the Pioneer Memorial Bridge, a 
distance of approximately 1.05 statute miles, will be closed to all 
navigation from 0900 to 1800 daily.
    (2) Regatta area. That portion of the Sacramento River from a line 
between the bow of the permanently moored Delta King on the east side of 
the river to the dolphin at the north end of the pier known as Raley's 
on the west side of the river, south to 200 yards south of the Pioneer 
Memorial Bridge, a distance of approximately 1.05 statute miles, will be 
closed to all navigation as follows: on Friday from 0945 to 1145, 1215 
to 1515, and 1545 to 1645; on Saturday from 0900 to 1145, 1215 to 1515, 
and 1545 to 1800; on Sunday from 1000 to 1145, 1215 to 1515, and 1545 to 
1800.
    (c) Regulations. (1) All vessels not officially involved with the 
Sacramento Water Festival will remain outside of the regulated areas 
during periods of closure.
    (2) No vessel shall anchor or drift in the area restricted to 
navigation.
    (3) All vessels not officially involved with the Sacramento Water 
Festival shall proceed directly through the Formula I Power Boat Race 
Course Area when it is open to navigation in a safe, and prudent manner, 
staying to the

[[Page 256]]

West of the line of buoys marking the Special Events Area.
    (4) All vessels in the vicinity of the regulated areas shall comply 
with the instructions of the U.S. Coast Guard or local enforcement 
patrol personnel.

(33 U.S.C. 1233; 49 U.S.C. 1655(b); 49 CFR 1.46(b); and 33 CFR 100.35)

[CCGD12 84-03, 49 FR 27745, July 6, 1984, as amended by CGD12 86-15, 52 
FR 22440, June 12, 1987. Redesignated by CGD 87-008b, 52 FR 25219, July 
6, 1987]



Sec. 100.1105  San Francisco Bay Navy Fleetweek Parade of Ships and Blue Angels Demonstration.

    (a) Effective Periods. This section is effective during the U.S. 
Navy/City of San Francisco Fleetweek Parade of Navy Ships and Navy Blue 
Angels and other airshow activities held annually in early October, from 
Thursday through Saturday (with a possible Sunday Blue Angels Flight 
Demonstration if weather prevents a Saturday performance). Annual notice 
of the specific effective dates and times of these regulations will be 
published by the Coast Guard in the Local Notice to Mariners and in the 
Federal Register. To be placed on the Local Notice to Mariners mailing 
list contact: Commander (oan), Eleventh Coast Guard District, 400 
Oceangate Boulevard, Long Beach, CA 90822-5399.
    (b) Regulated Areas: The following areas are designated ``regulated 
areas'' during the Navy Parade of Ships and Blue Angels' Flight 
activities.
    (1) Regulated Area ``Alpha'' for Navy Parade of Ships. The waters of 
San Francisco Bay bounded by a line connecting the following points:


                                                                        
            Latitude                             Longitude              
                                                                        
37 deg.48'40'' N                  122 deg.28'38'' W                     
37 deg.49'10'' N                  122 deg.28'41'' W                     
37 deg.49'31'' N                  122 deg.25'18'' W                     
37 deg.49'06'' N                  122 deg.24'08'' W                     
37 deg.47'53'' N                  122 deg.22'42'' W                     
37 deg.46'00'' N                  122 deg.22'00'' W                     
37 deg.46'00'' N                  122 deg.23'07'' W                     
                                                                        

and thence along the shore to the point of beginning.

    (2) Regulated Area ``Bravo'' for U.S. Navy Blue Angels Activities. 
The waters of San Francisco Bay bounded by a line connecting the 
following points:


Latitude                               Longitude                        
                                                                        
37 deg. 48' 27.5''N                    122 deg. 24' 04''W               
37 deg. 49' 31''N                      122 deg. 24' 18''W               
37 deg. 49' 00''N                      122 deg. 27' 52''W               
37 deg. 48' 19''N                      122 deg. 27' 40''W               
                                                                        


and thence along the pierheads and bulwarks to the point of beginning.

Datum: NAD 83

    (c) Regulations: All persons and/or vessels not authorized as 
participants or official patrol vessels are considered spectators. The 
``official patrol'' consists of any Coast Guard, public, state or local 
law enforcement vessels assigned and/or approved by Commander, Coast 
Guard Group San Francisco to patrol the Fleetweek event.
    (1) Except for persons or vessels authorized by the Coast Guard 
Patrol Commander, in regulated area ``Alpha'' no person or vessel may 
enter or remain within 500 yards ahead of the lead Navy parade vessel, 
within 200 yards astern of the last parade vessel, and within 200 yards 
on either side of all parade vessels. No person or vessel shall anchor, 
block, loiter in, or impede the through transit of ship parade 
participants or official patrol vessels in regulated area ``Alpha.''
    (2) Except for persons or vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain within 
regulated area ``Bravo.''
    (3) When hailed and/or signaled by an official patrol vessel, a 
person or vessel shall come to an immediate stop. Persons or vessels 
shall comply with all directions given.
    (4) The Patrol Commander shall be designated by the Commander, Coast 
Guard Group San Francisco, California. The Coast Guard Patrol Commander 
is empowered to forbid and control the movement of all vessels in the 
regulated areas.

[CGD11-89-15, 54 FR 39998, Sept. 29, 1989, as amended by CGD11-91-11, 56 
FR 51332, Oct. 11, 1991; CGD11-93-009, 58 FR 51242, Oct. 1, 1993]



Sec. 100.1203  San Joaquin River--Budweiser Western States Championships.

    (a) Effective dates. These regulations are effective from 1000 to 
1800 local time on 27 and 28 June, 1987, and thereafter annually on the 
final weekend of

[[Page 257]]

June as published in the Local Notice to Mariners.
    (b) Regulated area. Budweiser Western States Championships Race 
Course Area: That portion of the Stockton Deep Water Channel from 
Stockton Channel Light 43 (Light List Number 7150) east (upstream) to 
Stockton Channel Light 48 (Light List Number 7165), a distance of 
approximately 1.25 statute miles.
    (c) Closure. The regulated area will be closed to all vessel traffic 
during the Budweiser Western States Championships' trials, races, and 
heats from 1000 to 1800 on each day of the event. Transit through the 
regulated area will be permitted at approximately 1130, 1315, 1500, and 
1645 local time on Saturday, and at approximately 1100, 1215, 1430, and 
1545 on Sunday, for a minimum of fifteen (15) minutes each time to allow 
for the safe transit of non-participant vessels through the area. The 
regulated area may be opened during published closure times when there 
are no events in progress and it is deemed safe by the Patrol Commander.
    (d) Regulations. (1) All vessels not officially involved with the 
Budweiser Western States Championships will remain outside of the 
regulated area during periods of closure unless permission to enter the 
area is received from a patrol vessel.
    (2) No vessel shall anchor or drift in the regulated area.
    (3) All vessels not officially involved with the Budweiser Western 
States Championships shall proceed in a safe and prudent manner directly 
through the regulated area when it is open to navigation.
    (4) All vessels in the vicinity of the regulated area shall comply 
with the instructions of the U.S. Coast Guard and local enforcement 
patrol personnel.

[CCGD12 87-03, 52 FR 21003, June 4, 1987]



Sec. 100.1301  Seattle Seafair Unlimited Hydroplane Race.

    (a) This regulation will be in effect on July 31 through August 2, 
1986 from 8:00 A.M. until 5:00 P.M. Pacific Daylight Time, and on August 
3, 1986 from 8:00 A.M. until one hour after the conclusion of the last 
race. This regulation will be in effect thereafter annually during the 
last week of July and the first week of August, as published in the 
Local Notice of Mariners.
    (b) The area where the Coast Guard will restrict general navigation 
by this regulation during the hours it is in effect is:
    (1) The waters of Lake Washington bounded by Mercer Island (Lacey V. 
Murrow) Bridge, the western shore of Lake Washington, and the east/west 
line drawn tangent to Bailey Peninsula and along the shoreline of Mercer 
Island.
    (c) The area described in paragraph (b) has been divided into two 
zones. The zones are separated by a log boom and a line from the 
southeast corner of the boom to the northeast tip of Bailey Peninsula. 
The western zone is designated Zone I, the eastern zone, Zone II. (Refer 
to NOAA Chart 18447).
    (d) The Coast Guard will maintain a patrol consisting of active and 
Auxiliary Coast Guard vessels in Zone II. The Coast Guard patrol of this 
area is under the direction of the Coast Guard Patrol Commander (the 
``Patrol Commander''). The Patrol Commander is empowered to control the 
movement of vessels on the race course and in the adjoining waters 
during the periods this regulation is in effect.
    (e) Only authorized vessels may be allowed to enter Zone I during 
the hours this regulation is in effect. Vessels in the vicinity of Zone 
I shall maneuver and anchor as directed by Coast Guard Officers or Petty 
Officers.
    (f) During the times in which the regulation is in effect, swimming, 
wading, or otherwise entering the water in Zone I by any person is 
prohibited.
    (g) Vessels proceeding in either Zone I or Zone II during the hours 
this regulation is in effect shall do so only at speeds which will 
create minimum wake, seven (07) miles per hour or less. This maximum 
speed may be reduced at the discretion of the Patrol Commander.
    (h) Upon completion of the daily racing activities, all vessels 
leaving either Zone I or Zone II shall proceed at speeds of seven (07) 
miles per hour or less. The maximum speed may be reduced at the 
discretion of the Patrol Commander.

[[Page 258]]

    (i) A succession of sharp, short signals by whistle or horn from 
vessels patrolling the areas under the direction of the Patrol Commander 
shall serve as signal to stop. Vessels signaled shall stop and shall 
comply with the orders of the patrol vessel; failure to do so may result 
in expulsion from the area, citation for failure to comply, or both.

[CCGD13 86-03, 51 FR 22284, June 19, 1986]



Sec. 100.1302  Annual Clarkston, Washington, Limited Hydroplane Races.

    (a) On Friday and Saturday, 5 and 6 July 1985, this regulation will 
be in effect from 8:00 a.m. to 6:00 p.m. On Sunday, 7 July 1985, this 
regulation will be in effect from 8:00 a.m. until one hour after the 
conclusion of the last race. This section will be effective thereafter 
annually on the first Friday, Saturday, and Sunday in July as published 
in the Local Notices to Mariners.
    (b) The Coast Guard will restrict general navigation and anchorage 
by this regulation during the hours it is in effect on the waters of the 
Snake River at Clarkston, Washington from the area west of the 
confluence of the Snake and Clearwater Rivers, to the area east of the 
Red Wolf Crossing Bridge.
    (c) When deemed appropriate, the Coast Guard may establish a patrol 
consisting of active and auxiliary Coast Guard personnel and vessels in 
the area described in paragraph (b) of this section. The patrol shall be 
under the direction of a Coast Guard officer or petty officer designated 
as Coast Guard Patrol Commander. The Patrol Commander is empowered to 
forbid and control the movement of vessels and persons in the area 
described in paragraph (b) of this section.
    (d) The Patrol Commander may authorize vessels to be underway in the 
area described in paragraph (b) of this section during the hours this 
regulation is in effect. All vessels permitted to be underway in the 
controlled area (other than racing or official vessels) shall do so only 
at speeds which will create minimum wake consistent with maintaining 
steerageway, and not to exceed seven (7) miles per hour. This speed 
limit may be adjusted at the discretion of the Patrol Commander to 
enhance the level of safety.
    (e) A succession of sharp, short signals by whistle, siren, or horn 
from vessels patrolling the area under the direction of the U.S. Coast 
Guard Patrol Commander shall serve as a signal to stop. Vessels 
signalled shall stop and shall comply with the orders of the patrol 
vessel personnel; failure to do so may result in expulsion from the 
area, citation for failure to comply, or both.

[CGD13 85-05, 50 FR 24191, June 10, 1985; 50 FR 26359, June 26, 1985]



Sec. 100.1303  Annual Kennewick, Washington, Columbia Unlimited Hydroplane Races.

    (a) This regulation is effective each year on the last Tuesday 
through Sunday in July from 8:30 a.m. local time until the last race is 
completed each day at approximately 7:30 p.m. local time, unless sooner 
terminated by the Patrol Commander.
    (b) The Coast Guard will restrict general navigation and anchorage 
by this regulation during the hours it is in effect on all waters of the 
Columbia River bounded by two lines drawn from shore to shore; the first 
line running between position latitude 46 deg.14'07'' N, longitude 
119 deg.10'42'' W and position latitude 46 deg.13'42'' N, longitude 
119 deg.10'51'' W; and the second line running between position latitude 
46 deg.13'35'' N, longitude 119 deg.07'34'' W and position latitude 
46 deg.13'10'' N, longitude 119 deg.07'47'' W. [Datum: NAD 83]
    (c) When deemed appropriate, the Coast Guard may establish a patrol 
consisting of active and auxiliary Coast Guard personnel and vessels in 
the area described in paragraph (b) of this section. The patrol shall be 
under the direction of a Coast Guard officer or petty officer designated 
as Coast Guard Patrol Commander. The Patrol Commander is empowered to 
forbid and control the movement of vessels in the area described in 
paragraph (b) of this section.
    (d) The Patrol Commander may authorize vessels to be underway in the 
area described in paragraph (b) of this section during the hours this 
regulations is in effect. All vessels permitted to be underway in the 
controlled area (other than racing or official vessels) shall do so only 
at speeds which will create minimum wake consistent with

[[Page 259]]

maintaining steerageway, and not to exceed seven (7) miles per hour. 
This speed limit may be adjusted at the discretion of the Patrol 
Commander to enhance the level of safety.
    (e) A succession of sharp, short signals by whistle, siren, or horn 
from vessels patrolling the area under the direction of the U.S. Coast 
Guard Patrol Commander shall serve as a signal to stop. Vessels 
signalled shall stop and shall comply with the orders of the patrol 
vessel personnel; failure to do so may result in expulsion from the 
area, citation for failure to comply, or both.

[CGD13 85-06, 50 FR 25071, June 17, 1985, as amended by CGD13-96-012, 61 
FR 20133, May 6, 1996]



Sec. 100.1304  Annual Seattle Yacht Club's ``Opening Day'' Marine Parade.

    (a) Regulated area. All of Portage Bay, with the northwestern limit 
being the University Bridge, through the Portage Cut (Montlake Cut) into 
and including Union Bay, with the southeastern limit being an imaginary 
line from Webster Point to the eastern corner of Foster Island.
    (b) Effective period. This regulation will be in effect from 8:00 
a.m. to 3:00 p.m. on the first Saturday of May each year unless 
otherwise specified in the Thirteenth District Local Notice to Mariners.
    (c) Special Local regulations. (1) The regulated area shall be 
closed for the duration of the event to all vessel traffic not 
participating in the event and authorized by the event sponsor or Coast 
Guard Patrol Commander.
    (2) All persons or vessels not registered with the sponsor as 
participants or not part of the regatta patrol are considered 
spectators. Spectator vessels must be at anchor within a designated 
spectator area or moored to a waterfront facility in a way that will not 
interfere with the progress of the event. The following are established 
as spectator areas:
    (i) Northwest of the University Bridge.
    (ii) North of the log boom which will be placed in Union Bay.
    (iii) East of Webster Point so as not to interfere with the 
participating vessels departing Union Bay.
    (3) No spectators shall anchor, block, loiter in, or impede the 
through transit of participants or official patrol vessels in the 
regulated area during the effective dates and times unless cleared for 
such entry by the Patrol Commander.
    (4) Due to the large number of craft confined within this small body 
of water, all vessels, both spectator and participants, will maintain a 
``NO WAKE'' speed. This requirement will be strictly enforced to 
preserve the safety of both life and property.
    (5) A succession of sharp, short signals by whistle or horn from 
vessels patrolling the area under the direction of the Patrol Commander 
shall serve as a signal to stop. Vessels signaled shall stop and shall 
comply with the orders of the patrol vessel. Failure to do so may result 
in expulsion from the area, citation for failure to comply, or both.

[CGD13-89-02, 54 FR 19167, May 4, 1989]



Sec. 100.1305  Richland, Washington, west coast outboard championship hydro races.

    (a) Regulated area. By this regulation, the Coast Guard will 
restrict general navigation and anchorage on the waters of the Columbia 
River between River Mile 337 and River Mile 339. This restricted area 
includes all waters between the above mile marks in Richland, 
Washington, and is approximately 2 miles long.
    (b) Special local regulations. (1) This event will take place from 
6. a.m. p.d.t. to approximately 5 p.m. p.d.t. on the third Friday, 
Saturday, and Sunday of August, annually, in the described waters of the 
Columbia River, Richland, Washington.
    (2) No person or vessel may enter or remain in the regulated area 
except for participants in the event, supporting personnel, vessels 
registered with the event organizer, and personnel or vessels authorized 
by the Coast Guard Patrol Commander.
    (3) Patrol of the described area will be under the direction of a 
designated Coast Guard Patrol Commander. The Patrol Commander is 
empowered to control the movement of vessels in the regulated area and 
adjoining waters during the hours these regulations are in effect.

[[Page 260]]

    (4) A succession of sharp, short signals by whistle, siren, or horn, 
from vessels patrolling the area under the direction of the Patrol 
Commander shall serve as a signal to stop. Vessels or persons signaled 
shall stop and shall comply with the orders of the patrol vessel. 
Failure to do so may result in expulsion from the area, citation for 
failure to comply, or both.
    (c) Effective times and dates. This regulation becomes effective 
each year on the third Friday of August, at 6 a.m. p.d.t. and terminates 
on the third Sunday of August, at 6 p.m. p.d.t. or upon completion of 
each event.

[CGD13-90-08, 55 FR 32624, Aug. 10, 1990]



Sec. 100.1306  National Maritime Week Tugboat Races, Seattle, WA.

    (a) Regulated Area. A regulated area is established on that portion 
of Elliott Bay along the Seattle waterfront in Puget Sound bounded by a 
line beginning at: 47 deg. 37' 36'' N, 122 deg. 22' 42'' W; thence to 
47 deg. 37' 24.5'' N, 122 deg. 22' 58.5'' W; thence to 47 deg. 36' 08'' 
N, 122 deg. 20' 53'' W; thence to 47 deg. 36' 21'' N, 122 deg. 20' 31'' 
W; thence returning to the origin. This regulated area resembles a 
rectangle measuring approximately 3,900 yards along the shoreline 
between Pier 57 and Pier 89, and extending approximately 650 yards into 
Elliott Bay. Temporary floating markers will be placed by the race 
sponsors to delineate the regulated area. [Datum: NAD 1983]
    (b) Special Local Regulations. (1) No person or vessel may enter or 
remain in the regulated area except for participants in the event, 
supporting personnel, vessels registered with the event organizer, and 
personnel or vessels authorized by the Coast Guard Patrol Commander.
    (2) When deemed appropriate, the Coast Guard may establish a patrol 
consisting of active and auxiliary Coast Guard vessels and personnel in 
the area described in paragraph (a) of this section. The patrol shall be 
under the direction of a Coast Guard officer or petty officer designated 
by the Captain of the Port as the Coast Guard Patrol Commander. The 
Patrol Commander may forbid and control the movement of vessels in the 
area described in paragraph (a) of this section.
    (3) A succession of sharp, short blasts from whistle or horn from 
vessels patrolling the area under the direction of the Patrol Commander 
shall serve as a signal to stop. Vessels signaled shall stop and comply 
with the orders of the patrol vessel. Failure to do so may result in 
expulsion from the area, citation for failure to comply, or both.
    (c) Effective dates. This section is effective annually on the third 
Saturday of May from 12 p.m. to 4:30 p.m. unless otherwise specified by 
Federal Register notice.

[CGD13-95-003, 61 FR 16710, Apr. 17, 1996]

[[Page 261]]



                         SUBCHAPTER H [RESERVED]





                        SUBCHAPTER I--ANCHORAGES





PART 109--GENERAL--Table of Contents




Sec.
109.01  Purpose.
109.05  Anchorage grounds.
109.07  Anchorages under Ports and Waterways Safety Act.
109.10  Special anchorage areas.
109.15  Enforcement proceedings.
109.20  Publication; notice of proposed rule making.

    Authority: R.S. 4233, as amended, 28 Stat. 647 as amended, 30 Stat. 
98, as amended, sec. 7, 38 Stat. 1053, as amended, sec. 6(g)(1), 80 
Stat. 940; 33 U.S.C. 180, 258, 322, 471, 49 U.S.C. 1655(g)(1); 
Department of Transportation Order 1100.1, March 31, 1967, 49 CFR 
1.4(a)(3).



Sec. 109.01  Purpose.

    (a) The purpose of the rules and regulations in this subchapter is 
to implement certain laws and set forth the requirements for anchorage 
areas.
    (b) There were transferred to and vested in the Secretary of 
Transportation by subsection 6(g) of the Department of Transportation 
Act (sec. 6(g), 80 Stat. 941, 49 U.S.C. 1655) all functions, powers, and 
duties of the Secretary of the Army under specified laws. The Secretary 
of Transportation by Department of Transportation Order 1100.1 (49 CFR 
1.4(a)(3)), with specified limitations, delegated to the Commandant, 
U.S. Coast Guard, authority to exercise the functions, powers, and 
duties of the Secretary with respect to anchorages, as further described 
in Sec. 110.1 of this subchapter. The Commandant redelegated this 
authority to each Coast Guard District Commander with specified 
limitations, as set forth in Sec. 1.05-1(g) of this title.

(33 U.S.C. 471, 180, 258, 322, and 499; 49 CFR 1.46(c) and 1.45(b))

[CGFR 67-46, 32 FR 17727, Dec. 12, 1967, as amended by CGD 79-096, 44 FR 
51585, Sept. 4, 1979]



Sec. 109.05  Anchorage grounds.

    (a) Section 7 of the River and Harbor Act of March 4, 1915 (33 
U.S.C. 471), authorizes the establishment of anchorage grounds for 
vessels in navigable waters of the United States whenever it is apparent 
that these are required by the maritime or commercial interests of the 
United States for safe navigation. The statute also authorizes the 
adoption of suitable rules and regulations regarding the establishment 
of anchorage grounds, which are enforced by the Coast Guard. The 
authority conferred by this statute was transferred to and vested in the 
Secretary of Transportation by section 6(g)(1)(A) of the Department of 
Transportation Act (80 Stat. 931) and delegated to the Commandant of the 
U.S. Coast Guard in Sec. 1.46 of Title 49 CFR, and redelegated, with 
specified limitations, by the Commandant to each Coast Guard District 
Commander in Sec. 1.05-1(g) of this title.
    (b) District Commanders will, whenever matters relating to the 
anchorage of vessels are under consideration, ascertain the view of the 
District and Division Engineer, Corps of Engineers, U.S. Army, and the 
proper representatives of other departments likely to be interested, 
including the Commandant of the Naval District concerned and the medical 
officer in charge of the quarantine station at localities where 
quarantine anchorages are involved, in order that they may arrange for 
suitable representation at such hearings. The views of the medical 
officer in charge of the quarantine station relating to the proposed 
location and boundaries of the quarantine anchorage will be accepted 
insofar as practicable and consistent with the establishment of other 
anchorage areas. (An Act of Congress approved July 1, 1944, as amended 
(42 U.S.C. 267), authorizes the Surgeon General, with the approval of 
the Secretary of Health, Education, and Welfare, to designate the 
boundaries of the quarantine grounds and quarantine anchorages for 
vessels which are reserved for use at each United States quarantine 
station.) A notice of public hearing concerning changes to the Anchorage 
Regulations will be issued by the District Commander and will be mailed 
to all known interested parties.

[[Page 262]]

After providing an opportunity for public participation, the District 
Commander will, if circumstances so warrant, issue changes to the 
Anchorage Regulations, or in appropriate cases forward recommendations 
for such changes to the Commandant.
    (c) As soon as publication has been noted in the Federal Register, 
the District Commander will publish changes to the Anchorage Regulations 
in the Local Notice to Mariners.

(33 U.S.C. 471, 180, 258, 322, and 499; 49 CFR 1.46(c) and 1.45(b))

[CGFR 67-46, 32 FR 17727, Dec. 12, 1967, as amended by CGD 79-096, 44 FR 
51585, Sept. 4, 1979]



Sec. 109.07  Anchorages under Ports and Waterways Safety Act.

    The provisions of section 4 (a) and (b) of the Ports and Waterways 
Safety Act as delegated to the Commandant of the U.S. Coast Guard in 49 
CFR 1.46(n)(4) authorize the Commandant to specify times of movement 
within ports and harbors, restrict vessel operations in hazardous areas 
and under hazardous conditions, and direct the anchoring of vessels. The 
sections listed in Sec. 110.1a of this subchapter are regulated under 
the Ports and Waterways Safety Act.

(33 U.S.C. 1221 et seq.; 33 U.S.C. 471; 49 U.S.C. 1655(g)(1); 49 CFR 
1.46(n); 49 CFR 1.46(c)(1))

[CGD 3-81-1A, 47 FR 4063, Jan. 28, 1982]



Sec. 109.10  Special anchorage areas.

    An Act of Congress of April 22, 1940, provides for the designation 
of special anchorage areas wherein vessels not more than sixty-five feet 
in length, when at anchor, will not be required to carry or exhibit 
anchorage lights. Such designation is to be made after investigation, by 
rule, regulation, or order, the procedure for which will be similar to 
that followed for anchorage grounds under section 7 of the River and 
Harbor Act of March 4, 1915, as referred to in Sec. 109.05. The areas so 
designated should be well removed from the fairways and located where 
general navigation will not endanger or be endangered by unlighted 
vessels. The authority to designate special anchorage areas was 
transferred to and vested in the Secretary of Transportation by section 
6(g)(1)(D) of the Department of Transportation Act (80 Stat. 931) and 
delegated to the Commandant of the U.S. Coast Guard in Title 49, Code of 
Federal Regulations and redelegated, with specified limitations, by the 
Commandant to each Coast Guard District Commander in Sec. 1.05-1(g) of 
this title.

(33 U.S.C. 471, 180, 258, 322, and 499; 49 CFR 1.46(c) and 1.45(b))

[CGD 79-096, 44 FR 51585, Sept. 4, 1979]



Sec. 109.15  Enforcement proceedings.

    Proceedings against a vessel violating the Anchorage Regulations are 
to be brought in the name of the officer of the Coast guard assigned for 
the time being as Captain of the Port. When the vessel is at a port 
where there is no Coast Guard officer, proceedings will be initiated in 
the name of the District Commander.

[CGFR 67-46, 32 FR 17727, Dec. 12, 1967]



Sec. 109.20  Publication; notice of proposed rule making.

    (a) Section 4 of the Administrative Procedure Act (5 U.S.C. 553), 
requires publication of general notice of proposed rule making in the 
Federal Register (unless all persons subject thereto are named and 
either personally served or otherwise have actual notice thereof in 
accordance with law), except to the extent that there is involved (1) 
any military, naval, or foreign affairs function of the United States or 
(2) any matter relating to agency management or personnel or to public 
property, loans, grants, benefits, or contracts. Except where notice or 
hearing is required by statute, this requirement does not apply to 
interpretative rules, general statements of policy, rules of agency 
organization, procedure, or practice, or in any situation in which the 
agency for good cause finds (and incorporates the finding and a brief 
statement of the reasons therefor in the rules issued) that notice and 
public procedure thereon are impracticable, unnecessary, or contrary to 
the public interest.
    (b) General notice of proposed rule making published in accordance 
with the above will include (1) a statement of the time, place, and 
nature of public rule making proceedings; (2) reference to the authority 
under which the rule

[[Page 263]]

is proposed; and (3) either the terms or substance of the proposed rule 
or a description of the subjects and issues involved.

[CGFR 67-46, 32 FR 17727, Dec. 12, 1967]



PART 110--ANCHORAGE REGULATIONS--Table of Contents




Sec.
110.1  General.
110.1a  Anchorages under Ports and Waterways Safety Act.

                   Subpart A--Special Anchorage Areas

110.5  Casco Bay, Maine.
110.6  Portland Harbor, Portland, Maine (between Little Diamond Island 
          and Great Diamond Island).
110.6a  Fore River, Portland Harbor, Portland, Maine.
110.8  Lake Champlain, N.Y. and Vt.
110.10  Portsmouth Harbor, New Hampshire, north of Newcastle Island.
110.25  Beverly and Salem Harbors, Mass.
110.26  Marblehead Harbor, Marblehead, Mass.
110.30  Boston Harbor, Mass., and adjacent waters.
110.31  Hull Bay and Allerton Harbor at Hull, Mass.
110.32  Hingham Harbor, Hingham, Mass.
110.37  Sesuit Harbor, Dennis, Mass.
110.38  Edgartown Harbor, Mass.
110.40  Silver Beach Harbor, North Falmouth, Mass.
110.45  Onset Bay, Mass.
10.45a  Mattapoisett Harbor, Mattapoisett, Mass.
110.46  Newport Harbor, Newport, R.I.
110.47  Little Narragansett Bay, Watch Hill, R.I.
110.48  Thompson Cove on east side of Pawcatuck River below Westerly, 
          R.I.
110.50  Stonington Harbor, Conn.
110.50a  Fishers Island Sound, Stonington, Conn.
110.50b  Mystic Harbor, Groton and Stonington, Conn.
110.50c  Mumford Cove, Groton, Conn.
110.50d  Mystic Harbor, Noank, Conn.
110.51  Groton, Conn.
110.52  Thames River, New London, Conn.
110.53  Niantic, Conn.
110.54  Long Island Sound, on west side of entrance to Pataguanset 
          River, Conn.
110.55  Connecticut River, Conn.
110.55a  Five Mile River, Norwalk and Darien, Conn.
110.56  Noroton Harbor, Darien, Conn.
110.58  Cos Cob Harbor, Greenwich, Conn.
110.60  Port of New York and vicinity.
110.65  Indian River Bay, Del.
110.67  Delaware River, Essington, Pa.
110.70  Chesapeake and Delaware Canal, easterly of Courthouse Point, Md.
110.70a  Northeast River, North East, Md.
110.71  Jacobs Nose Cove, Elk River, Md.
110.71a  Cabin Creek, Grasonville, Md.
110.71b  Wye River, Wye, Md.
110.72  Blackhole Creek, Md.
110.72a  Chester River, southeast of Chestertown, Md.
110.72aa  Elizabeth River Spectator Vessel Anchorage Areas, between 
          Norfolk and Portsmouth, Virginia.
110.72b  St. Simons Island, Ga.
110.72c  Lake Murray, S.C.
110.72d  Ashley River anchorage areas, SC.
110.73  St. Johns River, Fla.
110.73a  Indian River at Sebastian, Fla.
110.73b  Indian River at Vero Beach, Fla.
110.74  Marco Island, Marco River, Fla.
110.74a  Manatee River, Bradenton, Fla.
110.74b  Apollo Beach, Fla.
110.74c  Bahia de San Juan, PR.
110.75  Corpus Christi Bay, Tex.
110.77  Amistad Reservoir, Tex.
110.77a  Duluth-Superior Harbor, Duluth, Minn.
110.77b  Madeline Island, WI.
110.78  Sturgeon Bay, Sturgeon Bay, Wis.
110.79a  Neenah Harbor, Neenah, Wis.
110.79b  Millers Bay, Lake Winnebago, Oshkosh, WI.
110.79c  Fish Creek Harbor, Fish Creek, Wisconsin.
110.80  Milwaukee Harbor, Milwaukee, Wis.
110.80a  Lake Macatawa, Mich.
110.80b  Marquette Harbor, Marquette, Mich.
110.81  Muskegon Lake, Mich.
110.81a  Lake Betsie, Frankfort, MI.
110.82  Charlevoix Harbor, Mich.
110.82a  Little Traverse Bay, Lake Michigan, Harbor Springs, Mich.
110.83  Chicago Harbor, Ill.
110.83a  Cedar Point, Sandusky, Ohio.
110.84  Black Rock Channel opposite foot of Porter Avenue, Buffalo, N.Y.
110.84b  Buffalo, N.Y.
110.85  Niagara River, Youngstown, N.Y.
110.86  Sodus Bay, NY.
110.87  Henderson Harbor, N.Y.
110.90  San Diego Harbor, Calif.
110.91  Mission Bay, Calif.
110.93  Dana Point Harbor, Calif.
110.95  Newport Bay Harbor, Calif.
110.100  Los Angeles and Long Beach Harbors, Calif.
110.111  Marina del Rey Harbor, Calif.
110.115  Santa Barbara Harbor, Calif.
110.120  San Luis Obispo Bay, Calif.
110.125  Morro Bay Harbor, Calif.
110.126  Monterey Harbor, Calif.
110.126a  San Francisco Bay, Calif.
110.127  Lake Mohave and Lake Mead, Nevada and Arizona.
110.127a  Lake Powell, Utah-Arizona.
110.127b  Flaming Gorge Lake, Wyoming-Utah.
110.127c  Trinidad Bay, Calif.

[[Page 264]]

110.128  Columbia River at Portland, Oreg.
110.128b  Island of Hawaii, Hawaii.
110.128c  Island of Kauai, Hawaii.
110.128d  Island of Oahu, Hawaii. (Datum: OHD)
110.129a  Apra Harbor, Guam. (Datum: WGS 84)

                      Subpart B--Anchorage Grounds

110.130  Rockland Harbor, Maine.
110.131  Kennebec River in vicinity of Bath, Maine.
110.132  Portland Harbor, Maine.
110.133  Lake Champlain, NY and VT.
110.134  Boston Harbor, Mass.
110.140  Buzzards Bay, Nantucket Sound, and adjacent waters, Mass.
110.142  Nantucket Harbor, Mass.
110.145  Narragansett Bay, R.I.
110.147  New London Harbor, Conn.
110.148  Johnsons River at Bridgeport, Conn.
110.150  Block Island Sound, N.Y.
110.155  Port of New York.
110.156  Randall Bay, Freeport, Long Island, N.Y.
110.157  Delaware Bay and River.
110.158  Baltimore Harbor, MD.
110.159  Annapolis Harbor, MD.
110.166  York River, Va., naval anchorage.
110.168  Hampton Roads, Virginia, and adjacent waters.
110.170  Lockwoods Folly Inlet, N.C.
110.173  Port of Charleston, S.C.
110.179  Skidaway River, Isle of Hope, Ga.
110.182  Atlantic Ocean off Fort George Inlet, near Mayport, Fla.
110.183  St. Johns River, Florida.
110.185  Atlantic Ocean, off the Port of Palm Beach, Fla.
110.186  Port Everglades, Florida.
110.188  Atlantic Ocean off Miami and Miami Beach, Fla.
110.189a  Key West Harbor, Key West, Fla., naval explosives anchorage 
          area.
110.190  Tortugas Harbor, in vicinity of Garden Key, Dry Tortugas, Fla.
110.193  Tampa Bay, Fla.
110.193a  St. Joseph Bay, Fla.
110.194  Mobile Bay, Ala., at entrance.
110.194a  Mobile Bay, Ala., and Mississippi Sound, Miss.
110.194b  Mississippi Sound and Gulf of Mexico, near Petit Bois Island, 
          Miss.
110.195  Mississippi River below Baton Rouge, LA, including South and 
          Southwest Passes.
110.196  Sabine Pass Channel, Sabine Pass, Tex.
110.197  Galveston Harbor, Bolivar Roads Channel, Texas
110.205  Chicago Harbor, Ill.
110.206  Detroit River, Michigan.
110.207  Cleveland Harbor, Ohio.
110.208  Buffalo Harbor, N.Y.
110.210  San Diego Harbor, CA.
110.212  Newport Bay Harbor, Calif.
110.214  Los Angeles and Long Beach Harbors, California.
110.215  Anaheim Bay Harbor, Calif., U.S. Naval Weapons Station, Seal 
          Beach, Calif.; naval explosives anchorage.
110.216  Pacific Ocean at Santa Catalina Island, Calif.
110.218  Pacific Ocean at San Clemente Island, Calif.; in vicinity of 
          Wilson Cove.
110.220  Pacific Ocean at San Nicolas Island, Calif.; restricted 
          anchorage areas.
110.222  Pacific Ocean at Santa Barbara Island, Calif.
110.224  San Francisco Bay, San Pablo Bay, Carquinez Strait, Suisun Bay, 
          Sacramento River, San Joaquin River, and connecting waters, 
          Calif.
110.228  Columbia River, Oreg. and Wash.
110.229  Straits of Juan de Fuca, Wash.
110.230  Puget Sound Area, Wash.
110.232  Southeast Alaska.
110.233  Prince William Sound, Alaska.
110.235  Pacific Ocean (Mamala Bay), Honolulu Harbor, Hawaii (Datum: NAD 
          83).
110.236  Pacific Ocean off Barbers Point, Island of Oahu, Hawaii; 
          Offshore pipeline terminal anchorages.
110.237  Pacific Ocean at Waimea, Hawaii, Naval Anchorage.
110.238  Apra Harbor, Guam.
110.239  Island of Tinian, CNMI.
110.240  San Juan Harbor, P.R.
110.245  Vieques Passage and Vieques Sound, near Vieques Island, P.R.
110.250  St. Thomas Harbor, Charlotte Amalie, V.I.
110.255  Ponce Harbor, P.R.

    Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071; 49 
CFR 1.46 and 33 CFR 1.05-1(g).

    Source: CGFR 67-46, 32 FR 17728, Dec. 12, 1967, unless otherwise 
noted.



Sec. 110.1  General.

    (a) The areas described in Subpart A of this part are designated as 
special anchorage areas pursuant to the authority contained in an act 
amending laws for preventing collisions of vessels approved April 22, 
1940 (54 Stat. 150); Article 11 of section 1 of the act of June 7, 1897, 
as amended (30 Stat. 98; 33 U.S.C. 180), Rule 9 of section 1 of the act 
of February 8, 1895, as amended (28 Stat. 647; 33 U.S.C. 258), and Rule 
Numbered 13 of section 4233 of the Revised Statutes as amended (33 
U.S.C. 322). Vessels not more than 65 feet in length, when at anchor in 
any special anchorage area shall not be required to carry or exhibit the 
white anchor lights required by the Navigation Rules.

[[Page 265]]

    (b) The anchorage grounds for vessels described in Subpart B of this 
part are established, and the rules and regulations in relation thereto 
adopted, pursuant to the authority contained in section 7 of the act of 
March 4, 1915, as amended (38 Stat. 1053; 33 U.S.C. 471).
    (c) All bearings in the part are referred to true meridian.
    (d) Geographic coordinates expressed in terms of latitude or 
longitude, or both, are not intended for plotting on maps or charts 
whose reference horizontal datum is the North American Datum of 1983 
(NAD 83), unless such geographic coordinates are expressly labeled NAD 
83. Geographic coordinates without the NAD 83 reference may be plotted 
on maps or charts referenced to NAD 83 only after application of the 
appropriate corrections that are published on the particular map or 
chart being used.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 86-082, 52 FR 
33811, Sept. 8, 1987]



Sec. 110.1a  Anchorages under Ports and Waterways Safety Act.

    (a) The anchorages listed in this section are regulated under the 
Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.):
    (1) Section 110.155 Port of New York.
    (2) [Reserved]
    (b) [Reserved]

[CGD 3-81-1A, 47 FR 4063, Jan. 28, 1982; as amended by CGD 96-052, 62 FR 
16703, Apr. 8, 1997]



                   Subpart A--Special Anchorage Areas



Sec. 110.5  Casco Bay, Maine.

    (a) Beals Cove, West side of Orrs Island, Harpswell. The entire cove 
as defined by the shoreline and a line across the entrace bearing 
215 deg. and tangent to the shore on the north side.
    (a-1) Merriconeag Sound, Harpswell. The area comprises that portion 
of the Sound beginning at a point on the shoreline about 1,000 feet 
northeasterly from the southwesterly extremity of Orrs Island at 
latitude 43 deg.45'09'', longitude 69 deg.59'14'', thence extending 
290 deg. to a point at latitude 43 deg.45'10'', longitude 
69 deg.59'20'', thence extending 20 deg. to a point at latitude 
43 deg.45'34'', longitude 69 deg.59'05'', thence extending 110 deg. to a 
point on the shoreline at latitude 43 deg.45'33'', longitude 
69 deg.58'58'', thence along the shoreline to the point of beginning.

    Note: The area is principally for use by yachts and other 
recreational craft. Fore and aft moorings will be allowed. Temporary 
floats or buoys for marking anchors in place will be allowed. All 
moorings shall be so placed that no vessel, when anchored, shall at any 
time extend beyond the limits of the area. Fixed mooring piles or stakes 
are prohibited. All anchoring in the area shall be under the supervision 
of the local harbor master or such authority as may be designated by 
authorities of the Town of Harpswell, Maine.

    (a-2) Mackerel Cove, Bailey Island, Harpswell. The water area of 
Mackerel Cove lying northeasterly of a line from a point on Abner Point 
at latitude 43 deg.43'28'' N., longitude 70 deg.00'19'' W., to a point 
on Bailey Island at latitude 43 deg.43'18.2'' N., longitude 
70 deg.00'12.2'' W.
    (b) Harpswell Harbor, east side of Harpswell Neck, Harpswell. The 
entire area lying westerly of a line bearing 8 deg. from the eastern 
extremity of Stovers Point to the point of land at the northerly end of 
the harbor, said point of land bearing approximately 275 deg. from the 
observatory on Orrs Island.
    (c) Basin Cove, west side of Harpswell Neck, Harpswell. All of the 
area lying northeasterly of a line bearing 350 deg. from the northwest 
corner of the entrance to the cove.
    (c-1) Basin Point, Potts Harbor, east side of Basin Point. The water 
area east of Basin Point enclosed by a line beginning at the 
southernmost extremity of Basin Point at latitude 43 deg.44'17'' N., 
longitude 70 deg.02'36'' W.; thence easterly to latitude 43 deg.44'17'' 
N., longitude 70 deg.02'19'' W.; thence north northeasterly to a point 
on the shoreline at latitude 43 deg.44'43'' N., longitude 70 deg.02'05'' 
W.; thence following the shoreline to the point of beginning.
    (d) Mussel Cove and adjacent waters at Falmouth Foreside, Falmouth. 
All of the waters enclosed by a line beginning at the Dock House (F.S.) 
located at latitude 43 deg.44'22'' N., longitude 70 deg.11'41'' W.; 
thence 123 deg., 200 yards; thence 204 deg., 1,760 yards; thence 
220 deg., 1,950 yards to Prince Point; thence along the shoreline to the 
point of beginning.

[[Page 266]]

    (e) Harraseeket River. That portion of the Harraseeket River within 
the mean low water lines, between Stockbridge Point and Weston Point, 
excluding therefrom a thoroughfare, 100 feet wide, the center line of 
which follows the natural channel.

    Note: This area is reserved for yachts and other small recreational 
craft. Fore and aft moorings will be allowed in this area. Temporary 
floats or buoys for marking anchors or moorings in place will be 
allowed. Fixed mooring piles or stakes are prohibited. All moorings 
shall be so placed that no vessel when anchored shall at any time extend 
into the thoroughfare. All anchoring in the area shall be under the 
supervision of the local harbor master or such other authority as may be 
designated by the authorities of the Town of Freeport, Maine.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967]

    Editorial Note: For Federal Register citations affecting Sec. 110.5, 
see the List of CFR Sections Affected in the Finding Aids section of 
this volume.



Sec. 110.6  Portland Harbor, Portland, Maine (between Little Diamond Island and Great Diamond Island).

    Beginning at the southeasterly corner of the wharf, at the most 
southerly point of Great Diamond Island at latitude 43 deg.40'13'', 
longitude 70 deg.12'00''; thence extending southwesterly to the 
northeasterly corner of the wharf on the easterly side of Little Diamond 
Island at latitude 43 deg.40'03'', longitude 70 deg.12'15''; thence 
extending along the northerly side of the wharf to its shoreward end at 
latitude 43 deg.40'03'', longitude 70 deg.12'17''; thence extending 
along the shoreline of Little Diamond Island to latitude 43 deg.40'11'', 
longitude 70 deg.12'20''; thence extending northeasterly to the 
shoreline of the southerly side of Great Diamond Island at latitude 
43 deg.40'21'', longitude 70 deg.12'06''; thence extending along the 
shoreline of Great Diamond Island to the shoreward end of a wharf at 
latitude 43 deg.40'15'', longitude 70 deg.12'02''; thence extending 
along the southwesterly side of the wharf to the point of beginning.

    Note: The area is principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed. Fixed mooring piles or stakes are prohibited. The anchoring 
of vessels and placing of temporary moorings will be under the 
jurisdiction, and at the discretion of the local Harbor Master. All 
moorings shall be so placed that no moored vessels will extend beyond 
the limit of the area.



Sec. 110.6a   Fore River, Portland Harbor, Portland, Maine.

    The water area beginning at a point on the shoreline near the Coast 
Guard Base in Position 43-38 43''N and 070-14 49''W; thence 319 to 
position 43-38 55''N, 070-15 03''W; thence 50 to position 43-39 06''N: 
070- 14 43''W: thence 161 to mainland; and thence southwesterly along 
the shore to the point of beginning.

[CGD 01-87-02, 52 FR 9829, Mar. 27, 1987]



Sec. 110.8  Lake Champlain, N.Y. and Vt.

    (a) Ticonderoga, N.Y. An area shoreward of a line bearing 312 deg. 
from Ticonderoga Light to the southeast corner of the New York State 
Boat Launching Ramp.
    (b) Essex, N.Y. A small cove at the westerly side of Lake Champlain, 
shoreward of a line connecting the offshore ends of two promontories 
located at Essex.
    (c) Shelburne, Vt. An area shoreward of a line bearing 142 deg. from 
the eastern point of Collymer Pt. to Allen Hill.
    (c-1) Shelburne Bay. Beginning at a point on the shoreline at 
latitude 44 deg.25'53.0'' N., longitude 73 deg.14'47.3'' W.; thence 
north to a point at latitude 44 deg.26'04.8'' N., longitude 
73 deg.14'46.6'' W.; thence northwesterly to a point on the shoreline at 
latitude 44 deg.26'06.9'' N., longitude 73 deg.14'50.2'' W.; thence 
along the shoreline to the point of beginning.
    (c-2) Shelburne Bay Allen Hill to La Platte River. That portion of 
the waters of Shelburne Bay west of the line from a point at Allen Hill 
at latitude 44 deg.24'35'' N., longitude 73 deg.14'14'' W.; to a point 
near the mouth of the La Platte River at latitude 44 deg.24'03'' N., 
longitude 73 deg.14'05'' W.

    Note: The anchoring of vessels and placement of temporary moorings 
in the anchorage area described in paragraph (c-2) of this section are 
administered by the Harbormaster appointed by the Town of Shelburne, 
Vermont.

    (d) Mallets Bay, Vt. The southwesterly portion of Mallets Bay, south 
of Coates Island and west of a line bearing 170 deg. from the most 
easterly point of Coates Island to the mainland.
    (e) Mallets Bay, Vt. An area in the northwesterly portion of Mallets 
Bay,

[[Page 267]]

south of a line extending from the northeasterly end of Mallets Head to 
the northeasterly end of Marble Island, and west of a line extending 
from the northeasterly end of Marble Island to the northeasterly side of 
Cave Island, and southerly to the point on the lower east side of 
Mallets Head.
    (f) St. Albans Bay, Vt. An area in the northerly portion of St. 
Albans Bay westward of the State Pier at St. Albans Bay State Park, 
northeasterly of a line bearing 296 deg.30' from the southwesterly 
corner of the State Pier, and southeasterly of a line parallel to and 
500 feet west of the west side of the State Pier.
    (g) Charlotte, Vt. An area shoreward of a line bearing 080 T from 
44 deg.16' 12'' N, 73 deg.17' 18'' W, on Thompson's Point to 44 deg.16' 
16'' N, 73 deg.16' 40'' W., on William's Point.
    (h) Burlington Harbor, VT. The waters bounded by a line connecting 
the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
44 deg.28'14.4'' N                73 deg.13'16.5'' W                    
44 deg.28'14.4'' N                73 deg.13'19.5'' W                    
44 deg.28'24.4'' N                73 deg.13'18.4'' W                    
                                                                        

and thence along the shoreline to the point of the beginning. These 
positions have been converted to North American Datum 83.
    (i) Point Au Roche, New York. The waters of Deep Bay north of a line 
drawn shore to shore along the 44 deg.46'14''N line of Latitude.

    Note: Anyone wishing to occupy a mooring in this area shall obtain a 
permit from the New York State Office of Parks, Recreation & 
Preservation.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGFR 70-16A, 35 
FR 8823, June 6, 1970; CCGD3-80-2A, 45 FR 54755, July 18, 1980; CGD3-85-
02, 51 FR 4593, Feb. 6, 1986; CGD1-90-063, 56 FR 12120, Mar. 22, 1991; 
CGD1 91-063, 58 FR 21104, Apr. 19, 1993]



Sec. 110.10  Portsmouth Harbor, New Hampshire, north of Newcastle Island.

    From the northern most point of Goat Island to latitude 
43 deg.04'25''N, longitude 070 deg.43'37''W; thence 089 deg.30' for 1025 
yards; thence 120 deg. for 285 yards, thence 213 deg. to the shoreline 
of Newcastle Island, thence along the shoreline of Newcastle Island and 
across the breakwater to Goat Island and to the point of beginning.

[CGD 83-1R, 48 FR 56578, Dec. 22, 1983]



Sec. 110.25   Beverly and Salem Harbors, Mass.

    (a) Beverly Harbor, north of Salem Neck. A line extending from the 
northerly end of the Salem Willows Yacht Club House 360 yards bearing 
281 deg. true to latitude 42 deg.32'14'' N., longitude 70 deg.52'26'' 
W.; thence north 275 yards to Monument Bar Beacon thence 540 yards 
bearing 080 deg. to latitude 42 deg.32'25'' N., longitude 70 deg.52'04'' 
W., thence 365 yards bearing 175 deg. to latitude 42 deg.32'14'' N., 
longitude 70 deg.52'03'' W.; thence 237 deg. to the shore.
    (b) Bass River. All of the area upstream of the highway bridge 
(Popes Bridge) outside of the dredged channel.
    (c) South Channel. Bounded by a line commencing at the northern most 
point of Peach's Point at latitude 42 deg.31'08.3'' N, longitude 
70 deg.50'34.7'' W; thence westerly to a point, at latitude 
42 deg.31'21.6'' N, longitude 70 deg.51'17.0'' W off Fluen Point; thence 
westerly to a point at latitude 42 deg.31'19.0" N, longtitude 
70 deg.51'49.3" W off Naugus Head; thence southwesterly to a point at 
latitude 42 deg.31'00.0" N, longitude 70 deg.52'18.5" W east of Folger 
Point; thence to a point at latitude 42 deg.30'38.0" N, longitude 
70 deg.52'36.5" W; thence easterly to a point on Long Point at latitude 
42 deg.30'52.3" N, longitude 70 deg.53'06.9" W. The areas will be 
principally for use by yachts and other recreational craft. Temporary 
floats or buoys for marking anchors will be allowed in the areas but 
fixed piles or stakes may not be placed. The anchoring of vessels, the 
placing of moorings, and the maintenance of fairways will be under the 
jurisdiction of the local Harbor Master.
    (d) Beverly and Mackerel Coves, north side of Beverly Harbor. The 
water area enclosed by a line commencing at the southernmost point of 
Curtis Point in Beverly; thence bearing 238 deg., 1,400 yards to 
latitude 42 deg.32'29.4'' N., longitude 70 deg.51'34'' W.; thence 
284 deg., 1,475 yards to the western shoreline of Mackerel Cove; thence 
north northeasterly to the point of beginning.
    (e) Collins Cove, Salem, Mass. The water area enclosed by a line 
beginning at Monument Bar Beacon; thence 242 deg.,

[[Page 268]]

580 yards to latitude 42 deg.32'14.5'' N., longitude 70 deg.52'46.3'' 
W.; thence 284 deg., 220 yards to latitude 42 deg.32'16'' N., longitude 
70 deg.52'55'' W.; thence 231 deg., 525 yards to a point on the 
shoreline; thence following the shoreline and the western boundary of 
the special anchorage area as described in 33 CFR 110.25(a) to the point 
of beginning.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 74-189, 40 FR 
6339, Feb. 11, 1975; CGD 76-192, 42 FR 39386, Aug. 4, 1977; CGD 1-83-3R, 
49 FR 24723, June 15, 1984]



Sec. 110.26   Marblehead Harbor, Marblehead, Mass.

    The area comprises that portion of the harbor lying between the 
extreme low water line and southwestward of a line bearing 336 deg. from 
Marblehead Neck Light to a point on Peach Point at latitude 
42 deg.31'03'', longitude 70 deg.50'30''.

    Note: The area is principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors are 
allowed. Fixed mooring piles or stakes are prohibited. All moorings 
shall be so that no vessel, when anchored, shall at any time extend 
beyond the limits of the area. The anchoring of vessels and the placing 
of temporary moorings are under the jurisdiction and at the direction of 
the local harbormaster.

[CGFR 68-96, 33 FR 12550, Sept. 5, 1968; CGFR 68-157, 34 FR 1380, Jan. 
29, 1969]



Sec. 110.30   Boston Harbor, Mass., and adjacent waters.

    (a) Lynn Harbor. North of a line bearing 244 deg. from the tower of 
the Metropolitan District Building, extending from the shore to a point 
100 feet from the east limit of the channel; east of a line bearing 
358 deg., extending thence to a point 100 feet east of the northeast 
corner of the turning basin; south of a line bearing 88 deg., extending 
thence to the shore; and south and west of the shore line to its 
intersection with the south boundary.
    (b) Vicinity of Pleasant Park Yacht Club, Winthrop. Southerly of a 
line bearing 276 deg. from a point on the west side of Pleasant Street, 
Winthrop, 360 feet from the southwest corner of its intersection with 
Main Street; westerly of a line bearing 186 deg. from a point on the 
south side of Main Street 140 feet from the southwest corner of its 
intersection with Pleasant Street; northerly of a line bearing 256 deg. 
from a point on the west side of Pleasant Street 550 feet from the 
southwest corner of its intersection with Main Street and easterly of a 
line bearing 182 deg. from a point on the south side of Main Street 640 
feet from the southwest corner of its intersection with Pleasant Street.
    (c) Mystic River, east side of Chelsea Bridge North. Northerly of 
the northerly fender pier of Chelsea Bridge North; easterly of Chelsea 
Bridge North; southerly of the shore line; and westerly of a line 
bearing 7 deg. from the easterly end of the aforesaid fender pier.
    (d) Mystic River, west side of Chelsea Bridge North. Northerly of 
the northerly fender pier of Chelsea Bridge North and a line extending 
from the westerly end of the shoreward face of the aforesaid fender pier 
to the southeasterly corner of the wharf projecting from the Naval 
Hospital grounds; easterly of the aforesaid wharf; southerly of the 
shore of the Naval Hospital grounds; and westerly of Chelsea Bridge 
North.
    (e) Vicinity of South Boston Yacht Club, South Boston. Northerly of 
a line bearing 96 deg. from the stack of the heating plant of the Boston 
Housing Authority in South Boston; easterly of a line bearing 5 deg. 
from the west shaft of the tunnel of the Boston Main Drainage Pumping 
Station; southerly of the shore line; and westerly of a line bearing 
158 deg. from the northeast corner of the iron fence marking the east 
boundary of the South Boston Yacht Club property.
    (f) Dorchester Bay, in vicinity of Savin Hill Yacht Club. Northerly 
of a line bearing 64 deg. from the stack of the old power plant of the 
Boston Elevated Railway on Freeport Street in Dorchester; westerly of a 
line bearing 163 deg. from the stack of the Boston Main Drainage Pumping 
Station on the Cow Pasture in Dorchester; and southerly and easterly of 
the shore line.
    (g) Dorchester Bay, in vicinity of Dorchester Yacht Club. Eastward 
of a line bearing 21 deg. from the stack located a short distance 
northwestward of the Dorchester Yacht Club; southward of a line bearing 
294 deg. from the southerly channel pier of the highway bridge;

[[Page 269]]

westward of the highway bridge and the shore line; and northward of the 
shore line.
    (h) Quincy Bay, in vicinity of Wollaston and Squantum Yacht Clubs. 
Northwesterly of a line bearing 36 deg.30' from a point on the shore 
2,600 feet easterly of the east side of the Wollaston Yacht Club 
landing; southwesterly of a line bearing 129 deg.15' from the water tank 
in Squantum; and southeasterly and northeasterly of the shore line.
    (i) Quincy Bay, in vicinity of Merrymount Yacht Club. South of a 
line starting from a point bearing 246 deg., 3,510 yards, from the stack 
of the pumping station on Nut Island, and extending thence 306 deg. to 
the shore; west of a line bearing 190 deg. from the aforesaid point to 
the shore; and north and east of the shore line.
    (j) Weymouth Fore River, in vicinity of Quincy Yacht Club. 
Southwesterly of a line bearing 119 deg. from the outer end of the wharf 
at Nut Island; northwesterly of a line bearing 199 deg.30' from Pig Rock 
Light to the eastern end of Raccoon Island; northerly of Raccoon Island 
and of a line from its western extremity bearing 245 deg. from Beacon 
2A; and easterly of the shore of Houghs Neck.
    (k) Weymouth Fore River, in vicinity of Wessagussett Yacht Club. 
Southwesterly of a line bearing 117 deg. from channel light ``4''; 
southeasterly of a line 150 feet from and parallel to the meandering 
easterly limit of the dredged channel; easterly of a line bearing 
188 deg. from the eastern extremity of Rock Island Head; and 
northwesterly of the shore line.
    (l) Weymouth Back River, in vicinity of Eastern Neck. The cove on 
the north side of the river lying northerly of a line bearing 
264 deg.30' from the southwesterly corner of the American Agricultural 
Chemical Company's wharf (Bradley's Wharf) to the shore of Eastern Neck, 
about 2,200 feet distant.
    (m)(1) Boston Inner Harbor A. The waters of the western side of 
Boston Inner Harbor north of the entrance to the Fort Point Channel 
bounded by a line beginning at a point due east of the New England 
Aquarium, Latitude 42 deg.21'31.62'' North, Longitude 71 deg.02'52.37'' 
West. Thence ENE toward the Main Ship Channel to a point, Latitude 
42 deg.21'32.6'' North, Longitude 71 deg.02'47.3'' West. Thence SE to a 
point due east of Harbor Towers, Latitude 42 deg.21'26.4'' North, 
Longitude 71 deg.02'40.66'' West. Thence W toward the Boston Shore to a 
point, Latitude 42 deg.21'26.4'' North, Longitude 71 deg.02'56.31'' 
West. Thence NE to the original point.
    (2) [Reserved]

    Note: Administration of Special Anchorage areas is exercised by the 
Harbormaster, City of Boston pursuant to local ordinances. The City of 
Boston will install and maintain suitable navigational aids to mark the 
limits of Special Anchorage areas.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD1-85-2R, 51 FR 
12314, Apr. 10, 1986]



Sec. 110.31   Hull Bay and Allerton Harbor at Hull, Mass.

    (a) Area No. 1 in Allerton Harbor. That area north of Hog Island 
beginning at latitude 42 deg.18'15'', longitude 70 deg.53'46''; thence 
due east to latitude 42 deg.18'15'', longitude 70 deg.53'29.5''; thence 
due south to latitude 42 deg.18'07.5'', longitude 70 deg.53'29.5''; 
thence due west to latitude 42 deg.18'07.5'', longitude 70 deg.53'46''; 
thence due north to the point of beginning.
    (b) Area No. 2 in Hull Bay. That area south of Hog Island beginning 
at latitude 42 deg.17'50.5'', longitude 70 deg.54'07''; thence due east 
to latitude 42 deg.17'50.5'', longitude 70 deg.53'29.5''; thence due 
south to latitude 42 deg.17'30'', longitude 70 deg.53'29.5''; thence due 
west to latitude 42 deg.17'30'', longitude 70 deg.54'07''; thence due 
north to the point of beginning.
    (c) Area No. 3 in Hull Bay. That area north of Bumkin Island 
beginning at latitude 42 deg.17'22'', longitude 70 deg.54'07''; thence 
due east to latitude 42 deg.17'22'', longitude 70 deg.53'17.5''; thence 
due south to latitude 42 deg.17'01'', longitude 70 deg.53'17.5''; thence 
due west to latitude 42 deg.17'01'', longitude 70 deg.54'07''; thence 
due north to the point of beginning.

    Note: The areas will be principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed. Fixed mooring piles or stakes are prohibited. The anchoring 
of vessels and the placing of temporary moorings is under the 
jurisdiction, and at the discretion, of the local Harbor Master, Hull, 
Mass.

[CGFR 68-160, 34 FR 392, Jan. 10, 1969; 34 FR 939, Jan. 22, 1969]

[[Page 270]]



Sec. 110.32   Hingham Harbor, Hingham, Mass.

    (a) Area 1. Beginning at latitude 42 deg.15'39'', longitude 
70 deg.53'24''; thence to latitude 42 deg.15'53.5'', longitude 
70 deg.53'32''; thence to latitude 42 deg.15'56'', longitude 
70 deg.53'23''; thence to latitude 42 deg.15'42'', longitude 
70 deg.53'15''; thence to point of beginning.
    (b) Area 2. Beginning at latitude 42 deg.15'30'', longitude 
70 deg.53'02.5''; thence to latitude 42 deg.15'30'', longitude 
70 deg.53'13.5''; thence to latitude 42 deg.15'27.5'', longitude 
70 deg.53'18''; thence to latitude 42 deg.15'28.5'', longitude 
70 deg.53'31''; thence to latitude 42 deg.15'35'', longitude 
70 deg.53'34''; thence to latitude 42 deg.15'36'', longitude 
70 deg.53'36.5''; thence to latitude 42 deg.15'41'', longitude 
70 deg.53'34.5''; thence to latitude 42 deg.15'31'', longitude 
70 deg.53'28''; thence to latitude 42 deg.15'31.5'', longitude 
70 deg.53'03''; thence to point of beginning.
    (c) Area 3. Beginning at latitude 42 deg.15'33'', longitude 
70 deg.53'01.5''; thence to latitude 42 deg.15'33.5'', longitude 
70 deg.53'19''; thence to latitude 42 deg.15'35.5'', longitude 
70 deg.53'02''; thence to point of beginning.
    (d) Area 4. Beginning at latitude 42 deg.14'47'', longitude 
70 deg.53'09.5''; thence to latitude 42 deg.14'48.5'', longitude 
70 deg.53'11.5''; thence to latitude 42 deg.14'54'', longitude 
70 deg.53'08''; thence to latitude 42 deg.14'56.5'', longitude 
70 deg.52'58.5''; thence to point of beginning.
    (e) Area 5. Beginning at latitude 42 deg.14'48'', longitude 
70 deg.52'57''; thence to latitude 42 deg.14'48.5'', longitude 
70 deg.53'02''; thence to latitude 42 deg.14'58'', longitude 
70 deg.52'51''; thence to latitude 42 deg.14'53.5'', longitude 
70 deg.52'50''; thence to point of beginning.

    Note: The areas will be principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed in the areas but fixed piles or stakes may not be placed. The 
anchoring of vessels and the placing of moorings will be under the 
jurisdiction of the local Harbor Master.

[CGFR 68-89, 33 FR 11077, Aug. 3, 1968]



Sec. 110.37   Sesuit Harbor, Dennis, Mass.

    All the waters of Sesuit Harbor southerly of a line extending 
between the outer end of the jetties on each side of the entrance to the 
Harbor.

    Note: The area will be principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed. Fixed mooring piles of stakes will be prohibited. The 
anchoring of vessels and the placing of temporary moorings will be under 
the jurisdiction and at the discretion of the local Harbor Master.



Sec. 110.38   Edgartown Harbor, Mass.

    An area in the inner harbor easterly of the project channel and 
south of Chappaquiddick Point bounded as follows: Beginning at latitude 
41 deg.23'19'', longitude 70 deg.30'32''; thence southeasterly along the 
shore to latitude 41 deg.22'52'', longitude 70 deg.30'12''; thence 
287 deg.30' 1,600 feet; thence 327 deg.30', 700 feet; thence 359 deg. 
true, 800 feet; thence 24 deg.15' approximately 900 feet to the point of 
beginning.

    Note: The area is reserved for yachts and other small recreational 
craft. Fore and aft moorings and temporary floats or buoys for marking 
anchors in place will be allowed. All moorings shall be so placed that 
no vessel when anchored shall extend into waters beyond the limits of 
the area. Fixed mooring piles or stakes are prohibited.



Sec. 110.40   Silver Beach Harbor, North Falmouth, Mass.

    All the waters of the harbor northward of the inner end of the 
entrance channel.



Sec. 110.45   Onset Bay, Mass.

    Northerly of a line extending from the northernmost point of Onset 
Island to the easternmost point of Wickets Island; easterly of a line 
extending from the easternmost point of Wickets Island to the southwest 
extremity of Point Independence; southerly of the shore line; and 
westerly of the shore line and of a line bearing due north from the 
northernmost point of Onset Island.



Sec. 110.45a  Mattapoisett Harbor, Mattapoisett, Mass.

    (a) Area No. 1 beginning at a point on the shore at latitude 
41 deg.39'23'' N., longitude 70 deg.48'50'' W.; thence 138.5 deg. T. to 
latitude 41 deg.38'45'' N., longitude 70 deg.48'02'' W.; thence 031 deg. 
T. to latitude 41 deg.39'02'' N., longitude 70 deg.47'48'' W.; thence 
along the shore to the point of beginning.
    (b) Area No. 2 beginning at a point on the shore at latitude 
41 deg.39'24'' N., longitude 70 deg.49'02'' W.; thence 142.5 deg. T. to 
latitude 41 deg.38'10'' N., longitude 70 deg.47'45'' W.; thence 219 deg. 
T. to latitude 41 deg.37'54''

[[Page 271]]

N., longitude 70 deg.48'02'' W.; thence along the shore to the point of 
beginning.

    Note: Administration of the Special Anchorage Area is exercised by 
the Harbormaster, Town of Mattapoisett pursuant to a local ordinance. 
The town of Mattapoisett will install and maintain suitable navigational 
aids to mark the perimeter of the anchorage area.

[CGD 83-2R, 49 FR 25445, June 21, 1984; 49 FR 27320, July 3, 1984]



Sec. 110.46  Newport Harbor, Newport, R.I.

    (a) Area No. 1. The waters of Brenton Cove south of a line extending 
from latitude 41 deg.28'50'' N., longitude 71 deg.18'58'' W.; to 
latitude 41 deg.28'45'' N., longitude 71 deg.20'08'' W.; thence along 
the shoreline to the point of beginning.
    (b) Area No. 2. The waters east of Goat Island beginning at a point 
bearing 090 deg., 245 yards from Goat Island Shoal Light; thence 
007 deg., 505 yards; thence 054 deg., 90 yards; thence 086 deg., 330 
yards; thence 122 deg., 90 yards; thence 179 deg., 290 yards; thence 
228 deg., 380 yards; thence 270 deg., 250 yards to the point of 
beginning.
    (c) Area No. 3. The waters north of Goat Island Causeway Bridge 
beginning at Newport Harbor Light; thence 023 deg. to the southwest 
corner of Anchorage E; thence 081 deg. following the southerly boundary 
of Anchorage E to the shoreline; thence south along the shoreline to the 
east foot of the Goat Island Causeway bridge; thence west following Goat 
Island Causeway Bridge to the shoreline of Goat Island; thence north 
following the east shore of Goat Island to the point of beginning.

[CGD 76-104, 44 FR 21792, Apr. 12, 1979]



Sec. 110.47   Little Narragansett Bay, Watch Hill, R.I.

    All of the navigable waters of Watch Hill Cove southeasterly of a 
line beginning at the shore end of the United States project groin on 
the southerly shore of the cove and running 41 deg.30' true, to the 
northerly shore of the cove at a point about 200 feet west of the west 
side of the shore end of Meadow Lane, with the exception of a 100-foot 
wide channel running from the westerly end of the cove in a 
southeasterly direction to the Watch Hill Yacht Club pier, thence along 
in front of the piers on the easterly side of the cove northerly to the 
shore at the north end of the cove.



Sec. 110.48   Thompson Cove on east side of Pawcatuck River below Westerly, R.I.

    Eastward of a line extending from the channelward end of Thompson 
Dock at the northern end of Thompson Cove 184 deg. to the shore at the 
southern end of Thompson Cove.



Sec. 110.50   Stonington Harbor, Conn.

    (a) Area No. 1. Beginning at the southeastern tip of Wamphassuc 
Point; thence to the northwesterly end of Stonington Inner Breakwater; 
thence along the breakwater to longitude 71 deg.54'50.5''; thence to 
latitude 41 deg.20'25.3'', longitude 71 deg.54'50.5''; thence to a point 
on the shoreline at latitude 41 deg.20'32'', longitude 71 deg.54'54.8''; 
thence along the shoreline to the point of beginning.
    (b) Area No. 2. Beginning at a point on the shoreline at latitude 
41 deg.19'55.8'', longitude 71 deg.54'28.9''; thence to latitude 
41 deg.19'55.8'', longitude 71 deg.54'37.1''; thence to latitude 
41 deg.20'01.6'', longitude 71 deg.54'38.8''; thence to a point on the 
shoreline at latitude 41 deg.20'02'', longitude 71 deg.54'34.3''; thence 
along the shoreline to the point of beginning.
    (c) Area No. 3. Beginning at a point on the shoreline at latitude 
41 deg.20'29.5'', longitude 71 deg.54'43''; thence to latitude 
41 deg.20'25.6'', longitude 71 deg.54'48.5''; thence to latitude 
41 deg.20'10.7'', longitude 71 deg.54'48.5''; thence to the shoreline at 
latitude 41 deg.20'10.7''; thence along the shoreline to the point of 
beginning.

    Note: A fixed mooring stake or pile is prohibited. The General 
Statutes of the State of Connecticut authorizes the Harbor Master of 
Stonington to station and control a vessel in the harbor.

[CGFR 68-164, 34 FR 1380, Jan. 29, 1969]



Sec. 110.50a   Fishers Island Sound, Stonington, Conn.

    An area on the east side of Mason Island bounded as follows:
    Beginning at the shore line on the easterly side of Mason Island at 
latitude 41 deg.20'06''; thence due east about 600 feet to latitude 
41 deg.20'06'', longitude 71 deg.57'37''; thence due south about 2,400 
feet to latitude 41 deg.19'42'', longitude 71 deg.57'37''; thence due 
west about 1,000 feet to the shore line on the easterly

[[Page 272]]

side of Mason Island at latitude 41 deg.19'42''; thence along the shore 
line to the point of beginning.

    Note: The area will be principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed. Fixed mooring piles or stakes will be prohibited. The 
anchoring of vessels and the placing of temporary moorings will be under 
the jurisdiction and the discretion of the local Harbor Master.



Sec. 110.50b   Mystic Harbor, Groton and Stonington, Conn.

    (a) Area No. 1. Beginning at Ram Point on the westerly side of Mason 
Island at latitude 41 deg.19'44'', longitude 71 deg.58'42''; thence to 
latitude 41 deg.19'30'', longitude 71 deg.58'43''; thence to latitude 
41 deg.19'36'', longitude 71 deg.58'58''; thence to latitude 
41 deg.19'45'', longitude 71 deg.58'56''; thence to the point of 
beginning.
    (b) Area No. 2. Beginning at a point about 250 feet southerly of 
Area 1 and on line with the easterly limit of Area 1 at latitude 
41 deg.19'27'', longitude 71 deg.58'44''; thence to latitude 
41 deg.19'19'', longitude 71 deg.58'45''; thence to latitude 
41 deg.19'25'', longitude 71 deg.58'59''; thence to latitude 
41 deg.19'33'', longitude 71 deg.58'58''; thence to the point of 
beginning.

    Note: The areas will be principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed. Fixed mooring piles or stakes are prohibited. All moorings 
shall be so placed that no vessel, when anchored, shall at any time 
extend beyond the limits of the areas. The anchoring of vessels and the 
placing of temporary moorings will be under the jurisdiction and at the 
discretion of the local Harbor Master.



Sec. 110.50c   Mumford Cove, Groton, Conn.

    (a) Area No. 1. Beginning at a point on the easterly shore of 
Mumford Cove at latitude 41 deg.19'36'', longitude 72 deg.01'06''; 
thence to latitude 41 deg.19'30'', longitude 72 deg.01'04''; thence to 
the shoreline at latitude 41 deg.19'31'', longitude 72 deg.01'00''; and 
thence along the shoreline to the point of beginning.
    (b) Area No. 2. Beginning at a point on the easterly shore of 
Mumford Cove at latitude 41 deg.19'15'', longitude 72 deg.00'54''; 
thence to latitude 41 deg.19'14.5'', longitude 72 deg.00'59''; thence to 
latitude 41 deg.19'11'', longitude 72 deg.00'58''; thence to latitude 
41 deg.19'10'', longitude 72 deg.00'54''; thence to latitude 
41 deg.19'12.5'', longitude 72 deg.00'52''; thence to latitude 
41 deg.19'14'', longitude 72 deg.00'55''; and thence to the point of 
beginning.

    Note: The areas are principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed. Fixed mooring piles or stakes will be prohibited. The 
anchoring of vessels and placing of temporary moorings will be under the 
jurisdiction, and at the discretion, of the local Harbor Master.



Sec. 110.50d   Mystic Harbor, Noank, Conn.

    (a) The area comprises that portion of the harbor off the easterly 
side of Morgan Point beginning at a point at latitude 41 deg.19'15'', 
longitude 71 deg.59'13.5''; thence to latitude 41 deg.19'15'', longitude 
71 deg.59'00''; thence to latitude 41 deg.19'02.5'', longitude 
71 deg.59'00''; thence to latitude 41 deg.19'06'', longitude 
71 deg.59'13.5''; and thence to the point of beginning.
    (b) The following requirements shall govern this special anchorage 
area:
    (1) The area will be principally for use by yachts and other 
recreational craft.
    (2) Temporary floats or buoys for marking anchors will be allowed 
but fixed piles or stakes are prohibited. All moorings shall be so 
placed that no vessel, when anchored, shall extend beyond the limits of 
the area.
    (3) The anchoring of vessels and the placing of temporary moorings 
shall be under the jurisdiction and at the discretion of the local 
harbor master, Noank, Conn.

[CGFR 68-3, 33 FR 4738, Mar. 20, 1968]



Sec. 110.51   Groton, Conn.

    The waters between an unnamed cove and Pine Island.
    (a) Beginning at a point on the shoreline of Avery Point at latitude 
41 deg.19'01'', longitude 72 deg.03'45''; thence to a point in the cove 
at latitude 41 deg.19'02'', longitude 72 deg.03'38''; thence southerly 
to a point at latitude 41 deg.18'56.6'', longitude 72 deg.03'36''; 
thence northeasterly to a point at latitude 41 deg.19'03'', longitude 
72 deg.03'21.4''; thence terminating at the tip of Jupiter Point at 
latitude 41 deg.19'04'', longitude 72 deg.03'21.5''.
    (b) Beginning at a point on the shoreline of Pine Island at latitude 
41 deg.18'47'', longitude 72 deg.03'37''; thence to latitude 
41 deg.18'54.5'', longitude 72 deg.03'35.5''; thence

[[Page 273]]

northeasterly to a point at latitude 41 deg.19'0.07'', longitude 
72 deg.03'21''; thence terminating at a point at latitude 
41 deg.18'53.8'', longitude 72 deg.03'19''.

    Note: The areas designated by (a) and (b) of this section are 
principally for vessels used for recreational purposes. Vessels shall be 
anchored so that no part of the vessel obstructs the 75 yard wide 
channel. Temporary floats or buoys for marking the location of the 
anchor of a vessel at anchor may be used. Fixed mooring piles or stakes 
are prohibited.

[CGFR 69-74, 34 FR 12437, July 30, 1969]



Sec. 110.52   Thames River, New London, Conn.

    (a) Area No. 1. An area in the westerly part of Greens Harbor 
bounded as follows: Beginning at a point on the shore 100 yards 
southeasterly of the southerly side of Thames Street extended; thence 
84 deg., 420 yards; thence 156 deg., 425 yards; thence 240 deg., 210 
yards, to the shore; and thence northwesterly along the shore to the 
point of beginning.
    (b) Area No. 2. An area in the westerly part of Greens Harbor 
bounded as follows: Beginning at a point on the shore 15 yards 
southeasterly of the southerly side of Converse Place extended; thence 
54 deg., 170 yards; thence 114 deg.30', 550 yards; thence 266 deg.30', 
250 yards; thence 234 deg., 230 yards, to the shore; and thence 
northwesterly along the shore to the point of beginning.
    (c) Area No. 3. An area on the westerly side of the Thames River in 
the vicinity of Jacobs Rock, the location of the U.S. Coast Guard 
Academy Sailing Center, bounded as follows: Beginning at the point on 
the shore where the north side of the Jacobs Rock causeway meets the 
western shoreline; thence northerly along the western shore of the 
Thames River a distance of 200 yards: thence 090 deg., 240 yards; thence 
180 deg., 200 yards to the Jacobs Rock causeway; thence westerly along 
the causeway to the point of beginning.
    (d) Area No. 4. An area in the western part of the Thames River, 
north of the highway bridge, bounded as follows: Beginning at a point 
125 yards north of the highway bridge at latitude 41 deg.21'56" N., 
longitude 72 deg.05'32" W.; thence easterly to latitude 41 deg.21'56" 
N., longitude 72 deg.05'27" W.; thence northerly to latitude 
41 deg.22'12" N., longitude 72 deg.05'27" W.; thence westerly to 
latitude 41 deg.22'12" N., longitude 72 deg.05'47" W.; thence 
southeasterly to latitude 41 deg.22'02" N., longitude 72 deg.05'40" W.; 
thence downriver along the charted foul grounds to the point of 
beginning.

    Note: The area designated by paragraph (c) of this section is 
principally for the use of U.S. Coast Guard Academy and Academy-related 
boats. Temporary floats or buoys for marking anchors may be used. The 
anchoring of vessels and the placing of moorings will be under the 
jurisdiction and at the discretion of the Chief, Waterfront Branch, U.S. 
Coast Guard Academy, New London, Connecticut.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD3-84-37, 49 FR 
36840, Sept. 20, 1984; CGD3 85-67, 51 FR 32317, Sept. 11, 1986]



Sec. 110.53   Niantic, Conn.

    Beginning on the shoreline at latitude 41 deg.18'25.3'', longitude 
72 deg.12'16.3''; thence to latitude 41 deg.18'23.3'', longitude 
72 deg.12'11.6''; thence to latitude 41 deg.18'50.7'', longitude 
72 deg.11'51.5''; thence to the shoreline at latitude 41 deg.18'56.5'', 
longitude 72 deg.12'05.6''; thence along the shoreline to the point of 
beginning.

    Note: This area is for public use, principally for vessels used for 
a recreational purpose. A temporary float or buoy for marking the 
location of the anchor of a vessel at anchor may be used. Fixed mooring 
piles or stakes are prohibited.

[CGFR 69-24, 34 FR 6480, Apr. 15, 1969]



Sec. 110.54   Long Island Sound, on west side of entrance to Pataguanset River, Conn.

    An area east of Giants Neck (formerly known as Grant Neck) described 
as follows: Beginning at a point bearing 114 deg., 75 feet, from the 
outer end of the breakwater at the south end of Giants Neck; thence 
90 deg., 1,050 feet; thence 22 deg.17'30'', 2,140 feet; thence 283 deg.- 
27'15.5'', 240 feet; thence 220 deg.36'39'', 1,252.6 feet; thence 
295 deg.23'16.5'', 326.5 feet; thence 269 deg.02'42.6'', 240 feet; 
thence 261 deg.46'50.9'', 181.9 feet; thence 226 deg.28'07.7'', 275.9 
feet; thence 147 deg.43'27.7'', 449.4 feet; thence 238 deg.01'35.8'', 
379.6 feet; and thence approximately 156 deg.31'05.8'', 462.11 feet, to 
the point of beginning.



Sec. 110.55   Connecticut River, Conn.

    (a) West of Calves Island at Old Saybrook. Beginning at a point 
bearing 254 deg.09'16'', 153 yards, from Calves Island

[[Page 274]]

20 Light; thence 157 deg., 1,037 yards; thence 175 deg., 150 yards; 
thence 265 deg., 250 yards; thence 350 deg., 660 yards; thence 337 deg., 
460 yards; and thence approximately 67 deg., 135 yards, to the point of 
beginning.
    (a-1) Area No. 1, at Essex. Beginning at a point on the shore on the 
west side of Haydens Point bearing approximately 211 deg., 270 yards, 
from Haydens Point Light; thence 270 deg., 160 yards; thence due north, 
140 yards; thence 300 deg., 190 yards; thence 330 deg., 400 yards; 
thence 90 deg., 60 yards; thence 150 deg., 350 yards; thence 120 deg., 
about 434 yards to a point on the shore; thence along the shore 
southwesterly to the point of beginning.
    (b) Area No. 2, at Essex. Beginning at a point latitude 
41 deg.21'22'', longitude 72 deg.22'53''; thence 205 deg.30', 375 yards; 
thence 194 deg.31', 100 yards; thence 185 deg.00', 440 yards; thence 
153 deg.30', 80 yards; thence 121 deg.00', 220 yards; thence due north 
approximately 1060 yards to the point of beginning.

    Note: The area will be principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed. Fixed mooring piles or stakes are prohibited. The anchoring 
of vessels and the placing of temporary moorings will be under the 
jurisdiction and at the discretion of the local Harbor Master.

    (c) West of Brockway Island at Essex. That portion of the waters 
northwest of a line ranging 238 deg. from latitude 41 deg.22'20.7'', 
longitude 72 deg.22'49.8'' to the shoreline; southwest of a line 
connecting a point at latitude 41 deg.22'20.7'', longitude 
72 deg.22'49.8'' and a point at latitude 41 deg.22'28.2'', longitude 
72 deg.22'56''; and southeast of a line ranging 238 deg. from latitude 
41 deg.22'28.2'', longitude 72 deg.22'56'' to the shoreline.

    Note: This area is principally for vessels used for a recreational 
purpose. A mooring buoy is permitted. Fixed mooring piles or stakes are 
prohibited.

    (d) Area No. 1, at Eddy Rock Light. Beginning at latitude 
41 deg.26'38'', longitude 72 deg.27'37''; thence extending southeasterly 
to latitude 41 deg.26'12'', longitude 72 deg.27'18''; thence extending 
westerly to latitude 41 deg.26'11'', longitude 72 deg.27'22''; thence 
extending northwesterly to latitude 41 deg.26'23'', longitude 
72 deg.27'42''; thence extending northerly to latitude 41 deg.26'36'', 
longitude 72 deg.27'43''; thence extending easterly to the point of 
beginning.
    (e) Area No. 2, at Lord Island. Beginning at latitude 
41 deg.26'11'', longitude 72 deg.27'16''; thence extending south 
southeasterly to latitude 41 deg.26'03'', longitude 72 deg.27'02''; 
thence extending southeasterly to latitude 41 deg.25'59'', longitude 
72 deg.26'51''; thence extending southwesterly to latitude 
41 deg.25'58'', longitude 72 deg.26'52''; thence extending northwesterly 
to latitude 41 deg.26'05'', longitude 72 deg.27'11''; thence extending 
north northwesterly to latitude 41 deg.26'10'', longitude 
72 deg.27'20''; thence extending easterly to the point of beginning.

    Note: The areas designated by paragraphs (d) and (e) of this section 
are principally for use by yachts and other recreational craft. Fore and 
aft moorings will be allowed. Temporary floats or buoys for marking 
anchors in place will be allowed. Fixed mooring piles or stakes are 
prohibited. All moorings shall be so placed that no vessel, when 
anchored, shall at any time extend beyond the limits of the areas. The 
anchoring of vessels and placing of mooring floats or buoys will be 
under the jurisdiction, and at the discretion of the local Harbor 
Master. Area 2 will not be used during the shad fishing season.

    (e-1) Area No. 1 at Chester. Beginning at a point about 600 feet 
southeasterly of the entrance of Chester Creek, at latitude 
41 deg.24'23'', longitude 72 deg.25'41''; thence due south about 1,800 
feet to latitude 41 deg.24'05'', longitude 72 deg.25'41''; thence due 
east about 600 feet to latitude 41 deg.24'05'', longitude 
72 deg.25'32''; thence due north about 1,800 feet to latitude 
41 deg.24'23'', longitude 72 deg.25'32''; thence due west about 600 feet 
to the point of beginning.

    Note: The area is principally for use by yachts and other 
recreational craft. A mooring buoy is allowed. Fixed mooring piles or 
stakes are prohibited.

    (e-2) Area No. 2 at Chester. That area south of latitude 
41 deg.24'43.9'', west of longitude 72 deg.25'35'', north of latitude 
41 deg.24'33.4'', and east of longitude 72 deg.25'40.8''.

    Note: Area No. 2 may not be used during the shad fishing season, 
April 1 to June 15, inclusive. A mooring buoy is permitted at other 
times. Fixed mooring piles or stakes are prohibited.

    (f) Vicinity of Mouse Island Bar below Portland. On the north side 
of the river shoreward of lines described as follows:

[[Page 275]]

(1) Beginning at a point bearing 02 deg., 175 yards, from Mouse Island 
73 Light; thence 270 deg., 480 yards; and thence due north, 
approximately 230 yards, to the shore. (2) Beginning at the said point 
bearing 02 deg., 175 yards, from Mouse Island 73 Light; thence 70 deg., 
400 yards; and thence 350 deg., approximately 250 yards, to the shore.
    (g) Area at Portland. Beginning at a point on the shore, about 700 
feet southeasterly from the easterly end of the New York, New Haven and 
Hartford Railroad Company bridge, at latitude 41 deg.33'55'', longitude 
72 deg.38'43''; thence 250 deg. to latitude 41 deg.33'54'', longitude 
72 deg.38'46''; thence 160 deg. to latitude 41 deg.33'48'', longitude 
72 deg.38'43''; thence 145 deg. to latitude 41 deg.33'44'', longitude 
72 deg.38'39''; thence 55 deg. to a point on the shore at latitude 
41 deg.33'47'', longitude 72 deg.38'32''; thence along the shore to the 
point of beginning.

    Note: The area will be principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed. Fixed mooring piles or stakes are prohibited. All moorings 
shall be so placed that no vessel, when anchored, shall at any time 
extend beyond the limit of the area or closer than 50 feet to the 
Federal channel limit. The anchoring of vessels and the placing of 
temporary moorings will be under the jurisdiction, and at the discretion 
of the local Harbor Master.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGFR 68-137, 33 
FR 18279, Dec. 10, 1968; CGFR 68-139, 33 FR 18437, Dec. 12, 1968]



Sec. 110.55a  Five Mile River, Norwalk and Darien, Conn.

    The water area of the Five Mile River beginning at a point on the 
southeast shore of Butler Island at latitude 41 deg.03'27.5'' N., 
longitude 73 deg.26'52'' W.; thence following the shoreline northerly 
along the westerly side of Five Mile River to the highway bridge at 
Route 136 (White Bridge); thence easterly along the southerly side of 
the highway bridge to the easterly side of Five Mile River; thence 
following the shoreline southerly along the easterly side of Five Mile 
River to a point on the southwest shore at Rowayton at latitude 
41 deg.03'30'' N., longitude 73 deg.26'47'' W., thence 242 deg. to the 
point of beginning, except those areas within the designated project 
channel as shown by dotted lines on the Five Mile River on Chart No. 
12368 (formerly C and GS Chart No. 221) issued by National Oceanic and 
Atmospheric Administration, U.S. Department of Commerce.

    Note: Under an Act of the Connecticut State Legislature the harbor 
superintendent, appointed by the Five Mile River Commission, may control 
moorings and navigation including preventing vessels from anchoring in 
the Federal project channel.

[CGD 76-44, 41 FR 40467, Sept. 20, 1976]



Sec. 110.56   Noroton Harbor, Darien, Conn.

    (a) Beginning at a point on the southwesterly side of Long Neck 
Point at latitude 41 deg.02'10'', longitude 73 deg.28'44''; thence 
northwesterly to latitude 41 deg.02'17'', longitude 73 deg.29'11''; 
thence in a north-northwesterly direction to the southeast side of Pratt 
Island at latitude 41 deg.02'28'', longitude 73 deg.29'17''; thence 
following the shoreline around the easterly and northerly sides of Pratt 
Island, the westerly and northerly sides of Pratt Cove, and the westerly 
side of the Darien River to the causeway and dam at Gorham Pond on the 
north; thence along the downstream side of the causeway and dam to the 
easterly side of the Darien River, thence along the easterly shoreline 
to the point of beginning.

    Note: An ordinance of the town of Darien, Conn. requires the Darien 
Harbor Master's approval of the location and type of any mooring placed 
in this special anchorage area.

[CGFR 68-122, 33 FR 18238, Dec. 7, 1968]



Sec. 110.58   Cos Cob Harbor, Greenwich, Conn.

    (a) Area A. Beginning at the mean low water line about 2,800 feet 
downstream from the easterly end of the New York, New Haven and Hartford 
Railroad Bridge at latitude 41 deg.01'23'', longitude 73 deg.35'40''; 
thence extending True west to latitude 41 deg.01'23'', longitude 
73 deg.35'42''; thence extending southwesterly to a point at latitude 
41 deg.01'02'', longitude 73 deg.35'50''; thence True east to a point on 
the shoreline at latitude 41 deg.01'02'', longitude 73 deg.35'48''; 
thence extending along the mean low water line to the point of 
beginning.

[[Page 276]]

    (b) Area B. Beginning at the mean low water line about 700 feet 
downstream from the westerly end of the New York, New Haven and Hartford 
Railroad Bridge at latitude 41 deg.01'42'', longitude 73 deg.35'47''; 
thence True east to latitude 41 deg.01'42'', longitude 73 deg.35'45''; 
thence southeasterly to latitude 41 deg.01'23'', longitude 
73 deg.35'44''; thence southwesterly to latitude 41 deg.01'04'', 
longitude 73 deg.35'52'', thence southwesterly to latitude 
41 deg.01'02'', longitude 73 deg.35'55''; thence True west to a point on 
shore on the northerly side of Goose Island at latitude 41 deg.01'02'', 
longitude 73 deg.36'00''; thence True north to a point at the mean low 
water line at latitude 41 deg.01'05'', longitude 73 deg.36'00''; thence 
along the mean low water line to the point of beginning.

    Note: The areas are principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed. Fixed mooring piles or stakes are prohibited. The anchoring 
of vessels and placing of temporary moorings will be under the 
jurisdiction, and at the discretion of the local Harbor Master. All 
moorings shall be so placed that no moored vessels will extend into the 
waters beyond the limits of the areas or closer than 50 feet to the 
Federal channel limits.



Sec. 110.60  Port of New York and vicinity.

    (a) Huntington Harbor. Beginning on the shoreline at latitude 
40 deg.54'19.5'', longitude 73 deg.26'07.9''; thence to latitude 
40 deg.54'19.5'', longitude 73 deg.26'02.4''; thence along the eastern 
shoreline to the Mill Dam Road Bridge; thence along the downstream side 
of the bridge to the westerly side of Huntington Harbor; thence along 
the western shoreline to the point of beginning.
    (a-1) Centerport Harbor. Beginning at the shoreline at latitude 
40 deg.54'00'', longitude 73 deg.22'55.3''; thence to latitude 
40 deg.54'03.8'', longitude 73 deg.22'52.1''; thence along the eastern 
shoreline to the Mill Dam Bridge; thence along the downstream side of 
the bridge to the westerly side of Centerport Harbor; thence along the 
western shoreline to the point of beginning.
    (a-2) Northport Harbor. Beginning on the shoreline at latitude 
40 deg.54'25'', longitude 73 deg.22'05''; thence to latitude 
40 deg.54'37.5'', longitude 73 deg.21'32.9''; thence along the eastern 
shoreline to latitude 40 deg.53'33.1'', longitude 72 deg.21'28.2''; 
thence to latitude 40 deg.53'25.8'', longitude 73 deg.21'37.7''; thence 
along the shoreline to the point of beginning.

    Note: The areas designated by paragraphs (a), (a-1), and (a-2) of 
this section are principally for vessels used for a recreational 
purpose. A vessel shall be anchored so that no part of the vessel comes 
within 50 feet of the marked channel. A temporary float or buoy for 
marking the location of the anchor of a vessel at anchor may be used. 
Fixed mooring piles or stakes are prohibited.

    (b) New Rochelle Harbor, west and south of Glen Island. That portion 
of Long Island Sound Anchorage No. 1 (described in Sec. 110.155) between 
Hog Island, Travers Island, Neptune Island and Glen Island and the 
mainland, to the westward of a line extending from the cupola at the 
southeast extremity of Glen Island to the easternmost extremity of Hog 
Island, and to the northeastward of a line extending from the southwest 
extremity of Hog Island to the southeast corner of Travers Island; 
excluding therefrom all waters within 25 feet of the 50-foot channel 
west and south of Glen Island.
    (b-1) New Rochelle, Echo Bay. That portion of Long Island Sound 
Anchorage Grounds No. 1-A and No. 1-B (described in Sec. 110.155(a)(2) 
and (3)) northwest of a line ranging 30 deg.30' from the northeastern 
tip of Davenport Neck to the southeastern tip of Premium Point.

    Note: An ordinance of the Town of New Rochelle N.Y., requires a 
permit from the New Rochelle Harbor Master or the New Rochelle 
Superintendent of Bureau of Marinas, Docks and Harbors before any 
mooring is placed in this special anchorage area.

    (c) New Rochelle Harbor, east of Glen Island. That portion of Long 
Island Sound Anchorage No. 1 (as described in Sec. 110.155(a)) between 
Glen Island and Goose Islands breakwater, northward of a line extending 
from the northwest end of Goose Islands breakwater to the cupola at the 
north end of the bathing beach on Glen Island.
    (c-1) City Island Harbor, east of City Island. That portion of Long 
Island Sound Anchorage No. 1 (described in Sec. 110.155) between City 
Island and Hart Island eastward of a line ranging 339 deg. between the 
steeple on City Island and the westernmost corner of the Administration 
Building at Orchard Beach; southward of a line ranging 50 deg. between

[[Page 277]]

the northerly abutment on the westerly end of the City Island drawbridge 
and tangent to Chimney Sweeps; westward of a line tangent to Chimney 
Sweeps and ranging 163 deg. toward the west gable on Rat Island and 
westward of a line tangent to the easterly side of High Island and 
ranging 152 deg.30' from the west gable on Rat Island; and northward of 
a line ranging 56 deg. between the Buryea Pier at Belden Point, City 
Island to Hart Island Light, except for the cable and pipe line area 
extending between City Island and Hart Island.
    (d) Eastchester Bay, west of City Island. That portion of Long 
Island Sound Anchorage No. 1 (as described in Sec. 110.155(a)) west of 
City Island and within the following limits: Northward of a line ranging 
244 deg. from the Duryea Pier at the foot of City Island Avenue to Big 
Tom Nun Buoy No. 2 (latitude 40 deg.50'01'', longitude 73 deg.47'25''); 
thence northeastward of a line ranging 329 deg. from Big Tom Nun Buoy 
No. 2 through the Nun Buoy (latitude 40 deg.50'46'', longitude 
73 deg.48'01'') off the southern end of Rodman Neck; southeastward of a 
line ranging 205 deg. from the east abutment of the City Island Bridge 
through the south tower of the Bronx-Whitestone Bridge; and southward of 
a line ranging 90 deg. from the Pelham War Memorial in Pelham Bay Park 
and the steeple of the church at the southeast corner of Elizabeth 
Street and City Island Avenue.
    (e) Eastchester Bay, along west shore. That portion of Long Island 
Sound Anchorage No. 1 (as described in Sec. 110.155(a)) along the west 
shore of Eastchester Bay north of and including Weir Creek, shoreward of 
a line ranging 349 deg. from the end of the timber pier at the foot of 
Pope Place, Edgewater, and through the transmission tower at the 
northeast side of the draw of the New York, New Haven and Hartford 
Railroad Bridge over Eastchester Creek, and having as its northerly 
limit the line ranging 79 deg. through the row of telephone poles along 
the north side of Watt Avenue.
    (f) Eastchester Bay, Locust Point Harbor. That portion of Long 
Island Sound Anchorage No. 2 (as described in Sec. 110.155(a)) included 
within the limits of Locust Point Harbor between Wright Island and 
Throgs Neck and to the westward of a north and south line (longitude 
73 deg.47'58'') through the southerly corner of the concrete culvert at 
the southerly end of the stone wall at Locust Point on Wright Island.
    (g) Manhasset Bay, west area at Manorhaven. That portion of Long 
Island Sound Anchorage No. 4 (described in Sec. 110.155) westward of a 
line (longitude 73 deg.42'53'') ranging 180 deg. from the end of the 
Town of North Hempstead pier at Manorhaven; northwestward of a line 
ranging 233 deg. from the intersection of the shore and the northerly 
line of Corchang Avenue (extended) on Tom Point toward Plum Point Shoal 
Buoy 3 (latitude 40 deg.49'48.5'', longitude 73 deg.43'25''); and 
northeastward of a line ranging 119 deg. from the cupola on Plum Point 
toward the inshore end of the northerly side of the Purdy Boat Company 
pier at Port Washington; excluding therefrom the seaplane restricted 
area described in Sec. 207.35.
    (h) Manhasset Bay, east area at Manorhaven. That portion of Long 
Island Sound Anchorage No. 4 (described in Sec. 110.155) bounded as 
follows: Beginning at the shoreline at 40 deg.50'18''N, 73 deg.42'51''W; 
thence 180 deg. to 40 deg.50'05''N, 73 deg.42'51''W; thence 132 deg. to 
40 deg.49'58''N, 73 deg.42'41''W; thence 234 deg. to 40 deg.49'48.5''N, 
73 deg.42'58''W; thence 090 deg. to 40 deg.49'48.5''N, 
73 deg.42'22.5''W; thence 020 deg. to 40 deg.50'01.5''N, 
73 deg.42'16''W; thence due north to the point of land at Manorhaven 
northeasterly of Tom Point; thence southwesterly along the shore to and 
around Tom Point and north northwesterly along the shore to the point of 
beginning.
    (i) Manhasset Bay, at Port Washington. That portion of Long Island 
Sound Anchorage No. 4 (described in Sec. 110.155) southward of latitude 
40 deg.49'44''; eastward of a line ranging 161 deg. from the offshore 
end of the Yacht Service, Inc., pier on the Copp Estate at Manorhaven 
toward the flagpole on the end of the Whitney Dock at Plandome; and 
northward of latitude 40 deg.49'06''.
    (i-1) Manhasset Bay, at Kings Point. That portion of Long Island 
Sound Anchorage No. 4 (described in Sec. 110.155(a)(6)) bounded as 
follows: Beginning at a point on the shoreline at latitude 
40 deg.49'24.4'', longitude 73 deg.43'41.5''; thence to a point at 
latitude 40 deg.49'32.5'', longitude 73 deg.43'30.1''; thence to a point

[[Page 278]]

at latitude 40 deg.49'42.9'', longitude 73 deg.43'55.2''; thence to a 
point on the shoreline at latitude 40 deg.49'39'', longitude 
73 deg.43'59''; thence along the shoreline to the point of beginning.
    (j) Manhasset Bay, at Plandome. That portion of Long Island Sound 
Anchorage No. 4 (described in Sec. 110.155) southward of the line of the 
Whitney Dock at Plandome extended; eastward of a line ranging 186 deg. 
from the Manhasset-Lakeville Water District tank at Thomaston toward the 
tank at Tom Point; and northward of Thompson's pier at Plandome 
extended.
    (j-1) Kings Point. That portion of Long Island Sound Anchorage No. 4 
(described in Sec. 110.155) beginning on the shoreline at latitude 
40 deg.49'00.3'', longitude 73 deg.45'43.5''; thence to latitude 
40 deg.49'03.9'', longitude 73 deg.45'47.1''; thence to latitude 
40 deg.49'12.9'', longitude 73 deg.45'41.2''; thence to latitude 
40 deg.49'18.7'', longitude 73 deg.45'30.3''; thence to latitude 
40 deg.49'08.2'', longitude 73 deg.45'19''; thence along the shoreline 
to the point of beginning.

    Note: Temporary floats or buoys for marking anchors in place are 
allowed. Fixed mooring piles or stakes are prohibited. An ordinance of 
the village of Kings Point regulates mooring and anchoring in the area 
which includes this special anchorage area.

This special anchorage area is within the limits of Long Island Sound 
Anchorage No. 4 as described in Sec. 110.155(a)(6).
    (k) Little Neck Bay. That portion of Long Island Sound Anchorage No. 
5 (as described in Sec. 110.155(a)(7)), southeastward of a line ranging 
approximately 20 deg.30' from the flagpole at Fort Totten, Willets Point 
to the outermost dolphin of the U.S. Merchant Marine Academy's pier at 
Kings Point, Long Island.
    (l) Flushing Bay, north area. That portion of East River Anchorage 
No. 10 (described in Sec. 110.155), in the vicinity of College Point, 
southeastward of a line tangent to the west side of College Point 
ranging from College Point Reef Light to the offshore end of the most 
northerly rack of the former College Point Ferry slip.
    (l-1) Flushing Bay, north central area. That portion of East River 
Anchorage No. 10 (described in Sec. 110.155) on the east side of 
Flushing Bay, southward of a line projecting due west from the tank 
located on the north side of the foot of 15th Avenue, College Point, 
eastward of a line parallel to, and 50 feet east of the east channel 
line in Flushing Bay, and northward of a line ranging 42 deg. from 
Flushing Bay Light 8 on the north end of the dike.
    (l-2) Flushing Bay, south central area. That portion of East River 
Anchorage No. 10 (described in Sec. 110.155) on the east side of 
Flushing Bay, southward of a line ranging 52 deg. from a point at 
latitude 40 deg.46'29'', longitude 73 deg.51'16''; eastward of a line 
parallel to, and 50 feet east of the east channel line in Flushing Bay, 
and northward of a line ranging 67 deg. from a point at latitude 
40 deg.46'12'', longitude 73 deg.51'06'' to the shore.
    (m) Flushing Bay, southeast area. That portion of East River 
Anchorage No. 10 (described in Sec. 110.155) south of a line ranging 
60 deg. from the northeasterly corner of the municipal pier at the 
Flushing Bay Boat Basin toward the stack (latitude 40 deg.45'54'', 
longitude 73 deg.50'29'') of the New York City Asphalt Plant.
    (m-1) Flushing Bay, southwest area. That portion of East River 
Anchorage No. 10 (described in Sec. 110.155) southwest of the 
breakwater, projecting offshore and southeast of La Guardia Airport; 
southerly of a line extending from the offshore end of the breakwater at 
latitude 40 deg.45'53'', longitude 73 deg.51'06'' to Flushing Bay Light 
12 on the southerly end of the dike; westerly of a line extending from 
Flushing Bay Light 12 to a point at latitude 40 deg.45'48'', longitude 
73 deg.51'00''; northwesterly of a line ranging 229 deg. from the point 
at latitude 40 deg.45'48'', longitude 73 deg.51'00'' to the shore.
    (m-2) Flushing Bay, west area. That portion of East River Anchorage 
No. 10 (described in Sec. 110.155) adjacent to the northeasterly side of 
La Guardia Airport, easterly of a line ranging 39 deg. from the control 
tower at La Guardia Airport to College Point Reef Light, southward of a 
line extending due west from the tank on the north side of the foot of 
15th Avenue, College Point, westward of a line parallel to, and 100 feet 
west of the west channel line in Flushing Bay and northerly of a line 
extending due west from Flushing Bay Light 8 on the north end of the 
dike.


[[Page 279]]


    Note: The anchoring of vessels and placing of temporary moorings in 
anchorage areas described in paragraphs (m) and (m-1) of this section 
will be under the jurisdiction, and at the discretion of the local 
Harbor Master appointed by the City of New York.

    (n) Bowery Bay. All of that portion of East River Anchorage No. 10 
(described in Sec. 110.155) on the west side of Bowery Bay.
    (o) Hudson River, at Yonkers. Northward of a line on range with the 
footbridge across the New York Central Railroad Company tracks at the 
southerly end of Greystone Station; eastward of a line on range with the 
square, red brick chimney west of the New York Central Railroad Company 
tracks at Hastings-on-Hudson and the easterly yellow brick chimney of 
the Glenwood powerhouse of the Yonkers Electric Light and Power Company; 
and southward of a line on range with the first New York Central 
Railroad Company signal bridge north of the Yonkers Yacht Club.
    (o-1) Hudson River, at Glenwood, Yonkers, New York. That portion of 
the waters of the easterly side of Hudson River and adjacent to the 
northerly limits of the City of Yonkers, New York, northward of the 
northerly face of an outfall sewer pipe which is 2,200 feet north of the 
Glenwood powerhouse; east of a line on range with the northwest corner 
of the powerhouse bulkhead and the westerly end of the outfall sewer 
pipe; and southward of a line ranging 110 deg. true to the first New 
York Central Railroad Company's signal bridge, north of the Yonkers 
Corinthian Yacht Club house.
    (o-2) Hudson River, at Nyack. That portion of the waters north of a 
line ranging 270 deg. from latitude 41 deg.05'35.1'', longitude 
73 deg.54'27'', to the shoreline; west of a line connecting latitude 
41 deg.05'35.1'', longitude 73 deg.54'27'', and latitude 
41 deg.06'06.3'', longitude 73 deg.54'27''; and south of a line ranging 
270 deg. from latitude 41 deg.06'06.3'', longitude 73 deg.54'27'' to the 
shoreline.

    Note: The area is principally for use by yachts and other 
recreational craft. A mooring buoy is permitted.

    (o-3) Hudson River, North Manhattan. That area enclosed by 
coordinates starting at 40 deg.51'08.0'' N., 073 deg.56'36.1'' W., to 
40 deg.51'09.5'' N., 073 deg.56'40.9'' W., to 40 deg.52'08.1'' N., 
073 deg.55'57.0'' W., thence along the shoreline to the point of the 
beginning.

    (p) Hudson River, at Hastings-on-Hudson. That portion of the waters 
northerly of a line extending from a point at latitude 40 deg.59'56.0'', 
longitude 73 deg.53'11.3'' to the shore at latitude 40 deg.59'55.7''; 
easterly of lines extending from the aforementioned point at latitude 
40 deg.59'56.0'', longitude 73 deg.53'11.3'' through a point at latitude 
41 deg.00'04.6'', longitude 73 deg.53'10.9'' to a point at latitude 
41 deg.00'14.6'', longitude 73 deg.53'08.2''; and southerly of a line 
extending from the last mentioned point to the shore at latitude 
41 deg.00'14.2''.
    (p-1) Hudson River, at Tarrytown, NY. Beginning at a point on the 
shoreline at latitude 41 deg.04'20'' N. long. 73 deg.52'04'' W.; thence 
due west to a point at lat. 41 deg.04'20'' N. long. 73 deg.52'12'' W.; 
thence due south to a point at lat. 41 deg. 04'13'' N., long. 
73 deg.52'12'' W.; thence due east to a point on the shoreline at lat. 
41 deg.04'13'' N., long. 73 deg.52'00'' W.; thence along the shoreline 
to the point of beginning.
    (p-2) Hudson River, at West Point. That portion of the waters of the 
westerly side of the Hudson River, adjacent to the United States 
Military Academy, shoreward of a line connecting the extreme northwest 
corner of the south dock with a projection of land located approximately 
1,575 feet north thereof.
    (p-3) Hudson River, at Hyde Park, N.Y. Beginning at a point on the 
shoreline at latitude 41 deg.49'06.5'' N., longitude 73 deg.56'35.3'' 
W.; thence west to a point at latitude 41 deg.49'06.5'' N., longitude 
73 deg.56'42.5'' W.; thence north-northeasterly to a point at latitude 
41 deg.49'12.5'' N., longitude 73 deg.56'40.7'' W.; thence due east to a 
point on the shoreline at latitude 41 deg.49'12.5'' N., longitude 
73 deg.56'37.7'' W.; thence along the shoreline to the point of 
beginning.
    (q) Newark Bay, southeast area. That portion of the waters on the 
southeasterly side of Newark Bay, north of a line ranging from the 
offshore end of the breakwater north of the former Elco Boat Works 
through Newark Bay Channel Buoy 6; east of a line ranging from a point 
200 yards east of the east pier of the lift span of the Central Railroad 
Company of New Jersey bridge to a point 200 yards east of the east end 
of

[[Page 280]]

the lift span of the Pennsylvania-Lehigh Valley Railroad bridge; and 
south of a line ranging from the southwest corner of the bulkhead at 
Bayonne City Park through Newark Bay Channel Buoy 11.

    Note: This special anchorage is within the limits of General 
Anchorage No. 37, described in Sec. 110.155(h)(4).

    (r) Newark Bay, southwest area. That portion of the waters on the 
southwesterly side of Newark Bay, north of a line ranging from Kill Van 
Kull Light 16 through Kill Van Kull Light 18 and Kill Van Kull Channel 
Buoy 20, northeast of a line through Kill Van Kull Channel Buoy 20 
perpendicular to the Singer Manufacturing Company's bulkhead, and 
southeast of a line 150 feet east of and parallel to the Singer 
Manufacturing Company's bulkhead, and south of a line 250 feet south of 
and parallel to the Central Railroad Company of New Jersey bridge and 
west of a line perpendicular to the dike at Kill Van Kull Light 16, 
excluding therefrom the ``Pipe Line Area.''

    Note: The greater portion of this special anchorage is within the 
limits of General Anchorage No. 34, described in Sec. 110.155(h)(1).

    (r-1) Great Kills Harbor. Beginning at a point on the shoreline at 
latitude 40 deg.32'05.6'', longitude 74 deg.08'24.2''; thence to 
latitude 40 deg.32'06.7'', longitude 74 deg.08'27.6''; thence to 
latitude 40 deg.32'19'', longitude 74 deg.08'23.1''; thence to latitude 
40 deg.32'27.8'', longitude 74 deg.08'25.9''; thence to latitude 
40 deg.32'40.2'', longitude 74 deg.08'10.5''; thence to latitude 
40 deg.32'44.2''; longitude 74 deg.08'12.9''; thence along the northern 
and eastern shoreline to the point of beginning.

    Note: The special anchorage area is principally for use by yachts 
and other recreational craft. A temporary float or buoy for marking the 
location of the anchor of a vessel at anchor may be used. Fixed mooring 
piles or stakes are prohibited. Vessels shall be anchored so that no 
part of the vessel comes within 50 feet of the marked channel.

This special anchorage area is within the limits of General Anchorage 
No. 28 described in Sec. 110.155(f)(3).
    (s) Jamaica Bay. That portion of the waters on the westerly side of 
Jamaica Bay, westerly of a line ranging from Island Channel Buoy 21 
through Island Channel Buoy 23, northward of a line ranging from Island 
Channel Buoy 21 to the north abutment of the Shore Parkway Bridge across 
Paerdegat Basin, and southward of a line ranging 310 deg. from Island 
Channel Buoy 23.
    (s-1) Jamaica Bay, south area. That portion of Broad Channel 
westerly of a line bearing 190 deg.30' from the northerly terminus of 
the New York City Transit Authority trestle across Broad Channel to 
latitude 40 deg.35'50'', longitude 73 deg.49'06'', and thence northerly 
of a line bearing 254 deg. to the shore.

    Note: The area will be principally for use by yachts and other 
recreational craft. Temporary floats or buoys for marking anchors will 
be allowed. The Captain of the Port of New York is authorized to issue 
permits for maintaining mooring buoys within the anchorage. The method 
of anchoring these buoys shall be as prescribed by the Captain of the 
Port. No vessel shall anchor in the anchorage in such manner as to 
interfere with the use of a duly authorized mooring buoy. The Captain of 
the Port, New York regulations in Sec. 110.155(l)(7) apply.

    (t) Cold Spring Harbor. That portion of the waters of Cold Spring 
Harbor easterly of a line ranging from the cupola in the extreme inner 
harbor through Cold Spring Harbor Light; southerly of a line ranging 
from the southernmost point of an L-shaped pier off Wawepex Grove 
through the Clock Tower at Laurelton and northerly of a line ranging 
from the outer end of the Socony Mobil Oil Company's pier at Cold Spring 
Harbor through the Clock Tower at Laurelton, with the exception of an 
area within a 300-foot radius of the outer end of the Socony Mobil Oil 
Company's pier.
    (u) Oyster Bay Harbor, New York. That portion of Oyster Bay Harbor 
adjacent to the easterly side of Centre Island, westerly of a line on 
range with Cold Spring Harbor Light and the Stone House on the end of 
Plum Point, Centre Island.
    (u-1) Hempstead Harbor, New York. That portion of the waters of 
Hempstead Harbor southerly of the Glen Cove Breakwater, northerly of a 
line ranging from ``Dome'' at Sea Cliff through Hempstead Harbor Buoy 9, 
and easterly of a line ranging from Glen Cove Breakwater Light through 
Hempstead Harbor Anchorage Buoys ``A'' and ``B'' and Hempstead Harbor 
Buoy 9, except for the entrance to Glen Cove

[[Page 281]]

Creek as defined by Hempstead Harbor Anchorage Buoy ``A'' and Glen Cove 
Entrance Buoy 1 on the north side of the entrance, and Hempstead Harbor 
Anchorage Buoy ``B'' the Glen Cove Entrance Buoy 2 on the south side of 
the entrance.
    (u-2) Harbor of Oyster Bay, Oyster Bay, New York. The water area 
north of the town of Oyster Bay enclosed by a line beginning on the 
shoreline at latitude 40 deg.52'35.5'' N., longitude 73 deg.32'17'' W.; 
thence to latitude 40 deg.52'59.5'' N., longitude 73 deg.32'18'' W.; 
thence to latitude 40 deg.53'00'' N., longitude 73 deg.30'53'' W.; 
thence to latitude 40 deg.52'39'' N., longitude 73 deg.30'54'' W.; 
thence to the shoreline at latitude 40 deg.52'25'' N., longitude 
73 deg.31'18'' W.; thence following the shoreline to the point of 
beginning.
    (u-3) Harbor of Oyster Bay, New York, Moses Point to Brickyard 
Point. That portion of the waters of the Harbor of Oyster Bay enclosed 
by a line beginning at Moses Point on Centre Island at latitude 
40 deg.53'11'' N., longitude 73 deg.31'14'' W.; thence to latitude 
40 deg.53'02'' N., longitude 73 deg.31'22'' W.; thence to latitude 
40 deg.53'02'' N., longitude 73 deg.32'00'' W.; thence to Brickyard 
Point on Centre Island at 40 deg.53'06'' N., longitude 73 deg.32'00'' 
W.; thence following the shoreline to the point of beginning.

    Note: The anchoring of vessels and placement of temporary moorings 
in anchorage areas described in paragraphs (u), (u-2), and (u-3) of this 
section will be under the jurisdiction of the local Harbormaster 
appointed in accordance with Article 12 of the Village Ordinance of the 
Village of Centre Island, New York.

    (v) Hudson River, at Coeymans, New York. That portion of the waters 
of the westerly side of Hudson River, west of Coeymans Middle Dike, 
north of a line bearing due west from a point 700 feet south of Upper 
Hudson River Light No. 43, and south of a line bearing due west from 
Upper Hudson River Light No. 45, except for an area 125 feet wide, 
adjacent to and east of the bulkhead fronting the Village of Coeymans 
and Barren Island Dike.
    (w) Hudson River, at Cedar Hill, New York. That portion of the 
westerly side of the Hudson River, adjacent to Cedar Hill Dike, 250 feet 
in width, bounded on the south by the northerly side of the cut in the 
dike at the junction of the Vloman Kill and the Hudson River, and 
extending northerly therefrom 1,600 feet.
    (x) Sheepshead Bay--(1) Western Area. South of a line 25 feet south 
of and parallel to the bulkhead wall along the south side of Emmons 
Avenue; east of a line 200 feet east of and parallel to the prolonged 
west line of East 15th Street; north of a line 75 feet north of and 
parallel to the bulkhead wall along the north side of Shore Boulevard 
between Amherst Street and Dover Street and as prolonged to a point 315 
feet south of the bulkhead wall along the south side of Emmons Avenue 
and 25 feet west of the prolonged west side of Ocean Avenue; and west of 
a line parallel to and 25 feet west of the prolonged west line of Ocean 
Avenue.
    (2) Northern Area. South of the established U.S. pierhead line on 
the north side of the bay; west of the prolonged west line of Coyle 
Street; north of a line ranging from a point 90 feet south of said 
pierhead line in said prolonged west line of Coyle Street to the 
intersection of the south line of Shore Boulevard and the west line of 
Kensington Street; north of a line parallel to and 325 feet north of the 
bulkhead wall along the north side of Shore Boulevard; northeast of a 
line ranging from the point of intersection of the last-mentioned line 
with the prolonged east line of East 28th Street, toward a point on the 
prolonged east line of East 27th Street and 245 feet south of the 
established U.S. pierhead line on the north side of the bay; and east of 
the prolonged east side of East 27th Street.
    (3) Southern Area. South of a line extending from a point 175 feet 
northerly of the bulkhead wall along the north side of Shore Boulevard 
(perpendicular distance) and in the prolonged west side of Hastings 
Street to a point on the prolonged east side of Mackenzie Street 125 
feet north of the bulkhead wall on the north side of Shore Boulevard; 
thence south of a line parallel to and 125 feet northerly of the 
bulkhead wall along the north side of Shore Boulevard from the last-
mentioned point to the prolonged west line of Coyle Street; north of a 
line parallel to and 25 feet north of the bulkhead wall

[[Page 282]]

along the north side of Shore Boulevard; and east of the prolonged west 
side of Hastings Street.
    (4) Captain of the Port Regulations. In Sheepshead Bay, New York, 
Western, Northern, and Southern Special Anchorage Areas, the following 
applies:
    (i) Two anchors shall be used. The anchor minimum weight and minimum 
chain size shall be as shown in table 110.60(x)(4) and the anchor shall 
be placed as shown in figure 110.60(x)(4).
    (ii) The area is principally for vessels used for a recreational 
purpose.

                           Table 110.60(x)(4)                           
------------------------------------------------------------------------
                                   Anchor weight, in    Chain size, in  
     Vessel length, in feet        pounds per anchor        inches      
------------------------------------------------------------------------
15 or less......................  100...............  \5/16\.           
Greater than 15 but not greater   150...............  \3/8\.            
 than 21.                                                               
Greater than 21 but not greater   200...............  \3/8\.            
 than 26.                                                               
Greater than 26.................  10 per foot of      \1/2\ for each    
                                   vessel length.      anchor whose     
                                                       weight is not    
                                                       greater than 400 
                                                       lbs., \5/8\ for  
                                                       each anchor whose
                                                       weight is greater
                                                       than 400 lbs.    
------------------------------------------------------------------------

                                                       [GRAPHIC] [TIFF OMITTED] TC21OC91.001
                                                       
                           Figure 110.60(x)(4)

    (y) Coecles Harbor at Shelter Island, New York. That portion of 
Coecles Harbor bounded on the North by a line drawn between the 
northernmost point of land at Sungic Point and latitude 41 deg.04'09" 
North, longitude 72 deg.17'54" West, thence eastward along the shoreline 
to the point of origin.
    (y-1) West Neck Harbor at Shelter Island, New York. That portion of 
West Neck Harbor bounded on the North by a line drawn between latitude 
41 deg.02'48" North, longitude 72 deg.20'27" West and a point on Shell 
Beach located at latitude 41 deg.02'29" North, longitude 72 deg.20'59" 
West; thence eastward along the shoreline to the point of origin.
    (z) Point Comfort at Keansburg, New Jersey. This special anchorage 
is adjacent to the amusement pier at Point Comfort on Raritan Bay and is 
bounded as follows: beginning on the Keansburg shore at latitude 
40 deg.27'19" North longitude 74 deg.08'25" West; to latitude 
40 deg.27'38" North longitude 74 deg.08'52" West; to latitude 
40 deg.27'52" North longitude 74 deg.08'32" West; to latitude 
40 deg.27'50" North longitude 74 deg.07'45" West; to latitude 
40 deg.27'14" North longtitude 74 deg.07'46" West; and thence returning 
westward along the shoreline to the point of origin.
    (aa) South of Perth Amboy, New Jersey. The waters bounded by a line 
connecting the following points:

------------------------------------------------------------------------
                         Latitude                             Longitude 
------------------------------------------------------------------------
40 deg.30'19.0''..........................................  74 deg.15'46
                                                                    .0''
40 deg.30'17.0''..........................................  74 deg.15'39
                                                                    .0''
40 deg.30'02.8''..........................................  74 deg.15'45
                                                                    .0''
40 deg.29'36.0''..........................................  74 deg.16'09
                                                                    .2''
40 deg.29'30.8''..........................................  74 deg.16'22
                                                                    .0''
40 deg.29'47.2''..........................................  74 deg.16'52
                                                                    .0''
40 deg.30'02.0''..........................................  74 deg.16'43
                                                                    .0''
------------------------------------------------------------------------

and thence along the shoreline to the point of beginning.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967]

    Editorial Note: For Federal Register citations affecting 
Sec. 110.60, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 110.65   Indian River Bay, Del.

    Beginning at a point bearing 174 deg., 300 feet, from a point on the 
southerly edge of the project channel 5,500 feet westerly from the State 
highway bridge across Indian River Inlet; thence 174 deg., 600 feet; 
thence 264 deg., 800 feet; thence 354 deg., 600 feet; and thence 
84 deg., 800 feet, to the point of beginning.



Sec. 110.67   Delaware River, Essington, Pa.

    North of Little Tinicum Island, between the mouth of Darby Creek and 
Jansen Avenue, Essington, bounded as follows: Beginning at a point 
(approximately latitude 39 deg.51'31'', longitude 75 deg.17'43'') on a 
line in prolongation of

[[Page 283]]

the westerly line of Jansen Avenue 135 yards southerly from the mean 
high water line; thence 184 deg., 300 yards; thence 274 deg.30', 1,700 
yards; thence 04 deg., 425 yards; thence 100 deg., 1,225 yards; and 
thence 95 deg., 490 yards, to the point of beginning.



Sec. 110.70   Chesapeake and Delaware Canal, easterly of Courthouse Point, Md.

    The waters southerly of a line joining the northernmost extremity of 
Courthouse Point and the westernmost point of Herring Island; westerly 
of a line bearing 180 deg. from a point on the aforesaid line 220 yards 
from the westernmost point of Herring Island; and northerly and easterly 
of the shoreline.



Sec. 110.70a   Northeast River, North East, Md.

    The water area west of North East Heights, Maryland enclosed by a 
line beginning on the shoreline at latitude 39 deg.34'26'' N., longitude 
75 deg.57'18'' W.; thence westerly to latitude 39 deg.34'26'' N., 
longitude 75 deg.57'29'' W.; thence northeasterly to latitude 
39 deg.34'30'' N., longitude 75 deg.57'27'' W.; thence easterly to the 
shoreline at latitude 39 deg.34'30'' N., longitude 75 deg.57'18'' W.; 
thence southerly following the shoreline to the point of beginning.

[CGD 73-189R, 39 FR 5314, Feb. 12, 1974]



Sec. 110.71  Jacobs Nose Cove, Elk River, Md.

    The water area of Jacobs Nose Cove, on the west side of the mouth of 
Elk River, Maryland, comprising the entire cove south of Jacobs Nose as 
defined by the shoreline and a line bearing 046 deg.--226 deg. true 
across the entrance of the cove tangent to the shore on both the north 
and south sides.

[CGD 77-143, 44 FR 18663, Mar. 29, 1979]



Sec. 110.71a  Cabin Creek, Grasonville, Md.

    The waters of Cabin Creek, Maryland, enclosed by a line drawn from 
latitude 38 deg.56'34''N., longitude 76 deg.12'49''W., on the western 
shore to latitude 38 deg.56'28''N., longitude 76 deg.12'29''W., on the 
eastern shore; thence following the general line of the shore to the 
point of beginning.

[CGD 78-026, 44 FR 6910, Feb. 5, 1979]



Sec. 110.71b  Wye River, Wye, Md.

    The waters of a cove on the western shore of Wye River opposite Drum 
Point enclosed by a line drawn from latitude 38 deg.53'17'' N., 
longitude 76 deg.11'23'' W., to latitude 38 deg.53'18'' N., longitude 
76 deg.11'23'' W., to latitude 38 deg.53'18'' N., longitude 
76 deg.11'13'' W.; thence following the shoreline to the point of 
beginning.

[CGD 78-026, 44 FR 6910, Feb. 5, 1979]



Sec. 110.72   Blackhole Creek, Md.

    The waters on the west side of Blackhole Creek, a tributary of 
Magothy River, southwest of a line bearing 310 deg.30' from the most 
northerly tip of an unnamed island located 0.16 mile upstream from the 
mouth of the creek approximately 660 feet to the west shore of the 
creek; northwest of a line ranging from the southwesterly tip of the 
island toward the point of land on the west shore of the creek 
immediately southwest thereof; and north of a line 100 feet from and 
parallel to the shore of the creek to its intersection with the south 
property line extended of the Potapskut Sailing Association, Inc., 
thence northwesterly along the said property line extended to the shore.



Sec. 110.72a   Chester River, southeast of Chestertown, Md.

    The waters of the Chester River enclosed by a line beginning at a 
point on the Rolph Marina pier at latitude 39 deg.10'25'' N., longitude 
76 deg.02'17'' W.; thence 327 deg. to a point 400 feet southwest of the 
entrance to Hambleton Creek at latitude 39 deg.10'55'' N., longitude 
76 deg.02'40'' W.; thence northeasterly to the eastern side of the 
entrance to Hambleton Creek; thence southerly following the shoreline to 
the Rolph Point Marina pier; thence southwesterly along the Rolph Point 
Marina pier to the point of beginning.

[CGD 73-10R, 38 FR 33973, Dec. 10, 1973]



Sec. 110.72aa  Elizabeth River Spectator Vessel Anchorage Areas, between Norfolk and Portsmouth, Virginia.

    (a) Special Anchorage Areas. (1) The waters of the Elizabeth River 
bounded

[[Page 284]]

by the shore and a line drawn between Hospital Point at latitude 
Latitude 36 deg.50'50.5" North, longitude 76 deg.18'09.0" West, and the 
tip of the channelside pier at the Holiday Inn Marina at latitude 
36 deg.50'29.5" North, longitude 76 deg.17'52.5" West.
    (2) The waters of the Elizabeth River adjacent to the Port Norfolk 
Reach section of the Elizabeth River, bounded by the shore and a line 
drawn between Hospital Point at latitude 36 deg.50'50.55" North, 
longitude 76 deg.18'14.509.0" West, and the tip of the southern most 
railroad pier at Port Norfolk at latitude 36 deg.51'14.5" North, 
longitude 76 deg.18'44.0" West.
    (b) Effective period. These special anchorage areas in paragraph (a) 
of this section are only in effect when the regulations in Sec. 100.501 
of this title are in effect.

[CGD05-88-12, 53 FR 20320, June 3, 1988]



Sec. 110.72b  St. Simons Island, Georgia.

    The area beginning at a point southwest of Frederica River Bridge, 
St. Simons Island Causeway at latitude 31 deg.09'58'' N., longitude 
81 deg.24'55'' W.; thence southwesterly to latitude 31 deg.09'42'' N., 
longitude 81 deg.25'10'' W.; thence westerly to the shoreline at 
latitude 31 deg.09'45'' N., longitude 81 deg.25'20'' W.; thence 
northeasterly along the shoreline to latitude 31 deg.10'02'' N., 
longitude 81 deg.25'00'' W.; thence southeasterly to the point of 
origin.

[CGD 76-47, 42 FR 40694, Aug. 11, 1977]



Sec. 110.72c  Lake Murray, S.C.

    (a) The area beginning at the 125 foot pier of the Columbia Sailing 
Club, approximately latitude 34 deg.03'51'' N., longitude 81 deg.13'37'' 
W.; thence 167 deg. to latitude 34 deg.03'43.6'' N., longitude 
81 deg.13'39.2'' W.; thence easterly to latitude 34 deg.03'45'' N., 
longitude 81 deg.13'32.1'' W.; thence 347 deg. to the shoreline, thence 
along the shoreline to the beginning.

[CGD 77-189, 43 FR 14470, Apr. 6, 1978]



Sec. 110.72d  Ashley River anchorage areas, SC.

    The following locations are special anchorage areas:
    (a) Ashley River Anchorage 1. The waters lying within an area across 
the Ashley River Channel from the George M. Lockwood Municipal Marina 
bounded by the southwest side of the channel beginning at latitude 
32 deg.46'42.7''N, longitude 079 deg.57'19.3''W; thence to latitude 
32 deg.46'38.0''N, longitude 079 deg.57'24.0''W; thence to latitude 
32 deg.46'32.0''N, longitude 079 deg.57'15.5''W; thence to latitude 
32 deg.46'29.0''N, longitude 079 deg.57'00.9''W; thence back to the 
beginning following the southwest boundary of the Ashley River Channel. 
All coordinates referenced use datum: NAD 1983.
    (b) Ashley River Anchorage 2. The waters lying within an area across 
the Ashley River Channel from the Ashley Marina bounded by the southwest 
side of the channel beginning at latitude 32 deg.46'53.0''N, longitude 
079 deg.57'34.5''W; thence to latitude 32 deg.46'50.5''N, longitude 
079 deg.57'40.5''W; thence to latitude 32 deg.46'46.0''N, longitude 
079 deg.57'34.5''W; thence to latitude 32 deg.46'49.0''N, longitude 
079 deg.57'28.7''W; thence back to the beginning following the southwest 
boundary of the Ashley River Channel. All coordinates referenced use 
datum: NAD 1983.

[CGD07-96-017, 61 FR 40994, Aug. 7, 1996; 61 FR 63715, Dec. 2, 1996]



Sec. 110.73   St. Johns River, Fla.

    (a) Area A. The waters lying within an area bounded by a line 
beginning at a point located at the west bank of St. Johns River at 
latitude 30 deg.15'11'', longitude 81 deg.41'23''; thence to latitude 
30 deg.15'13'', longitude 81 deg.41'14''; thence to latitude 
30 deg.15'03'', longitude 81 deg.41'11''; thence to latitude 
30 deg.15'04'', longitude 81 deg.41'20''; and thence to the point of 
beginning.
    (b) Area B. The waters lying within an area bounded by a line 
beginning at latitude 30 deg.15'03'', longitude 81 deg.41'28''; thence 
to latitude 30 deg.15'02'', longitude 81 deg.41'10''; thence to latitude 
30 deg.14'56'', longitude 81 deg.41'08''; thence to latitude 
30 deg.14'54.5'', longitude 81 deg.41'10.5''; and thence to the point of 
beginning.



Sec. 110.73a   Indian River at Sebastian, Fla.

    Beginning at a point on the shoreline at latitude 27 deg.49'40'' N., 
longitude 80 deg.28'26'' W.; thence 060 deg. to latitude 27 deg.49'46'' 
N., longitude 80 deg.28'13'' W.; thence 156 deg. to latitude 
27 deg.49'31'' N., longitude 80 deg.28'05'' W.; thence 242 deg. to 
latitude 27 deg.49'25'' N., longitude 80 deg.28'18'' W.;

[[Page 285]]

thence northerly along the shoreline to the point of beginning.

    Note: This area is principally for use by commercial fishing vessels 
less than 65 feet in length.

[CGD 74-104, 40 FR 2689, Jan. 15, 1975]



Sec. 110.73b  Indian River at Vero Beach, Fla.

    (a) Area A. Beginning at a point located on the eastern shore of 
Fritz Is. at latitude 27 deg.39'32.5'' ., longitude 
80 deg.22'20.6'' W. following the shoreline northward to the northwest 
point at latitude 27 deg.39'46'' N., longitude 80 deg.22'25.9'' W., 
thence due east to a point on Orchid Is. at approximately latitude 
27 deg.39'46'' N., longitude 80 deg.22'16.2'' W., thence southerly along 
the shoreline of Orchid Is. to latitude 27 deg.39'32.5'' N., longitude 
80 deg.22'13.4'' W., thence due west to the point of beginning.
    (b) Area B. Beginning at a point located at the entrance channel 
maraker No. 2 at latitude 27 deg.39'12'' N., longitude 80 deg.22'17.3'' 
W., thence northeasterly to channel marker No. 4 at latitude 
27 deg.39'21'' N., longitude 80 deg.22'15.8'' W., thence due east to 
Orchid Is. at approximately latitude 27 deg.39'21'' N., longitude 
80 deg.22'11.8'' W., thence southerly along the western shoreline of 
Orchid Is. to latitude 27 deg.39'12'' N., longitude 80 deg.22'15.6'' W., 
thence due west to the point of beginning.
    (c) Vessels shall be so anchored so that no part of the vessel 
obstructs the turning basin or channels adjacent to the special 
anchorage areas.

[CGD7-84-40, 51 FR 395, Jan. 6, 1986]



Sec. 110.74   Marco Island, Marco River, Fla.

    Beginning at a point approximately 300 feet east of the Captains 
Landing Docks at latitude 25 deg.58'04'' N., longitude 81 deg.43'31'' 
W.; thence 108 deg., 450 feet; thence 198 deg., 900 feet; thence 
288 deg., 450 feet; thence 018 deg., 900 feet to the point of beginning.

    Note: The area is principally for use by yachts and other 
recreational craft. Fore and aft moorings will be allowed. Temporary 
floats or buoys for marking anchors in place will be allowed. Fixed 
mooring piles or stakes are prohibited. All moorings shall be so placed 
that no vessel, when anchored, shall at any time extend beyond the 
limits of the area.

[CGFR 70-53A, 35 FR 14506, Sept. 16, 1970]



Sec. 110.74a  Manatee River, Bradenton, Fla.

    The waters of the Manatee River enclosed by a line beginning at 
latitude 27 deg.31'18.6'' N. longitude 82 deg.36'49.2'' W.; thence 
westerly to latitude 27 deg.31'21'' N., longitude 82 deg.37'7.2'' W.; 
thence northwesterly to latitude 27 deg.31'22.2'' N., longitude 
82 deg.37'8.4'' W.; thence northeasterly to latitude 27 deg.31'25.8'' 
N., longitude 82 deg.37'00'' W.; thence easterly to latitude 
27 deg.31'24'' N., longitude 82 deg.36'44.4'' W.; thence to the point of 
beginning.

[CGD 79-118, 45 FR 32673, May 19, 1980]



Sec. 110.74b  Apollo Beach, Fla.

    Beginning at a point approximately 300 feet south of the Tampa 
Sailing Squadron at latitude 27 deg.46'50.2'' N., longitude 
82 deg.25'27.8'' W.; thence southeasterly to latitude 27 deg.46'45.6'' 
N., longitude 82 deg.25'23.2'' W.; thence southwesterly to latitude 
27 deg.46'35.8'' N., longitude 82 deg.25'34.8'' W., thence northwesterly 
to latitude 27 deg.46'39.9'' N., longitude 82 deg.25'39.6'' W., thence 
to the point of beginning.

[CGD 7-80-03, 45 FR 79031, Nov. 28, 1980]



Sec. 110.74c  Bahia de San Juan, PR.

    The waters of San Antonio Channel, Bahia de San Juan, eastward of 
longitude 66+05,45,, W.

[CGD 7-83-29, 49 FR 48540, Dec. 13, 1984]



Sec. 110.75   Corpus Christi Bay, Tex.

    (a) South area. Southward of the southernmost T-head pier at the 
foot of Cooper Avenue and of a line bearing 156 deg.44', 340.6 feet, 
from the southerly corner of said pier to a point on the rubble 
breakwater; westward and northward of said breakwater; and eastward of 
the Corpus Christi sea wall.



Sec. 110.77   Amistad Reservoir, Tex.

    (a) Diablo East, Tex. That portion of the Amistad Reservoir enclosed 
by a line connecting the following points, excluding a 300-foot-wide 
fairway extending northerly from the launching ramp as established by 
the Superintendent of Amistad Recreation Area:

[[Page 286]]



                                                                        
            Latitude                             Longitude              
                                                                        
``a'' 29 deg.28'54'' N.           101 deg.01'10'' W.                    
``b'' 29 deg.28'21'' N.           101 deg.01'08'' W.                    
``c'' 29 deg.28'34'' N.           101 deg.00'32'' W.                    
``d'' 29 deg.28'54'' N.           101 deg.00'32'' W.                    
                                                                        

    (b) Rough Canyon, Tex. That portion of the Amistad Reservoir 
enclosed by a line connecting the following points, excluding a 300-
foot-wide fairway extending westerly from the launching ramp to the 
Devils River main channel as established by the Superintendent of 
Amistad Recreation Area:

                                                                        
            Latitude                             Longitude              
                                                                        
``a'' 29 deg.34'43'' N.           100 deg.58'54'' W.                    
``b'' 29 deg.34'05'' N.           100 deg.58'46'' W.                    
``c'' 29 deg.34'16'' N.           100 deg.58'20'' W.                    
``d'' 29 deg.34'27'' N.           100 deg.58'11'' W.                    
``e'' 29 deg.34'27'' N.           100 deg.58'36'' W.                    
``f'' 29 deg.34'52'' N.           100 deg.58'35'' W.                    
                                                                        

    (c) Laughlin Air Force Base Site, Tex. That portion of Amistad 
Reservoir enclosed by a line connecting the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
``a'' 29 deg.28'29'' N.           101 deg.02'26'' W.                    
``b'' 29 deg.28'13'' N.           101 deg.02'03'' W.                    
``c'' 29 deg.28'30'' N.           101 deg.01'45'' W.                    
``d'' 29 deg.28'42'' N.           101 deg.02'00'' W.                    
                                                                        

    Note: The areas will be principally for use by yachts and other 
recreational craft. The anchoring of vessels and the placing of 
temporary moorings will be under the jurisdiction and at the discretion 
of the Superintendent, Amistad Recreation Area.

[CGFR 70-12, 35 FR 3807, Feb. 27, 1970]



Sec. 110.77a  Duluth-Superior Harbor, Du- luth, Minn.

    The area adjacent to Park Point in Duluth-Superior Harbor within the 
following boundaries: beginning at latitude 46 deg.45'19.3'' N., 
longitude 92 deg.04' 43'' W.; thence to latitude 46 deg.45'11.7'' N., 
longitude 92 deg.05'01'' W.; thence to latitude 46 deg.44'21.2'' N., 
longitude 92 deg.04'15.7'' W.; thence to latitude 46 deg.44'29.4'' N., 
longitude 92 deg.03'57.5'' W.; thence to the point of beginning.

[CGD 79-170, 45 FR 32673, May 19, 1980]



Sec. 110.77b  Madeline Island, WI.

    The water are in La Pointe Harbor, Madeline Island, Wisconsin, 
enclosed by:

Latitude                             Longitude                          
46 deg.46'21.5'' N                   090 deg.46'59'' W, to              
46 deg.46'36'' N                     090 deg.47'13'' W, to              
46 deg.46'41'' N                     090 deg.47'13'' W, thence          
along the natural shoreline and structures to:                          
46 deg.46'21.5'' N                   090 deg.46'59'' W.                 
                                                                        


[CGD01-95-016, 60 FR 15053, Mar. 22, 1995; 60 FR 21983, May 4, 1995]



Sec. 110.78   Sturgeon Bay, Sturgeon Bay, Wis.

    (a) Area 1. Beginning at a point bearing 126 deg., 3,000 feet from 
the fixed green Sturgeon Bay Canal Leading Light mounted on the highway 
bridge; thence 120 deg., 1,200 feet, this line being parallel to and 150 
feet from the channel edge; thence 222 deg., 500 feet; thence 300 deg., 
1,200 feet; thence 042 deg., 500 feet to the point of beginning.
    (b) Area 2. Beginning at a point 160 feet from the shoreline and on 
the east line of 15th Avenue extended; thence south 530 feet to a point 
100 feet from the northern edge of the channel; thence southeasterly 
2,350 feet along a line parallel to the northern edge of the channel to 
a point on the east line of 18th Avenue extended, using that portion of 
18th Avenue that runs in a true north-south direction perpendicular to 
Utah Street; thence north 530 feet along this line of 18th Avenue 
extended to a point approximately 400 feet from the shoreline; thence 
northwesterly 2,350 feet along a line parallel to the northern edge of 
the channel to the point of beginning.
    Note: An ordinance of the City of Sturgeon Bay, Wisconsin, requires 
moorings to be approved by the Harbor Master of the City of Sturgeon Bay 
and provides for other regulation of the use of vessels and moorings in 
this area.

[CGFR 70-15A, 35 FR 8823, June 6, 1970, as amended by CGFR 70-86A, 35 FR 
18374, Dec. 3, 1970; CGD9 92-29, 58 FR 9543, Feb. 22, 1993]



Sec. 110.79a  Neenah Harbor, Neenah, Wis.

    (a) Area 1. The area of Neenah Harbor south of the main shipping 
channel within the following boundary: A line beginning at a point 
bearing 117.5 deg., 1,050 feet from the point where the southeasterly 
side of the First Street/Oak Street Bridge crosses the south shoreline 
of the river; thence 254 deg., 162 feet; thence 146 deg., 462 feet; 
164 deg., 138 feet; 123 deg., 367 feet; 068 deg., 400 feet; 044 deg., 
400 feet;

[[Page 287]]

thence 320 deg., 107 feet; thence 283 deg., 1,054 feet to the point of 
beginning.
    (b) Area 2. Commencing at a point where the west line of Second 
Street extended meets the north edge of the harbor, thence south to 
intersect the north edge of the channel at latitude 44 deg.11'04.2'' 
North, longitude 88 deg.27'13.2'' West, thence northwesterly to a point 
at latitude 44 deg.11'06.3'' North, longitude 88 deg.27'16.4'' West, 
thence north to the easterly end of the Neenah Dam Spillway.

    Note: An ordinance of the City of Neenah, Wis., requires approval of 
the Neenah Police Department for the location and type of individual 
moorings placed in this special anchorage area.

[CGD9 85-017, 50 FR 49844, Dec. 5, 1985]



Sec. 110.79b  Millers Bay, Lake Winnebago, Oshkosh, WI

    The area adjacent to Menominee Park in Millers Bay within the 
following boundaries: beginning at latitude 44 deg. 01' 47'' N., 
longitude 88 deg. 31' 05'' W.; thence to latitude 44 deg. 01' 46'' N., 
longitude 88 deg. 31' 00'' W.; thence to latitude 44 deg. 01' 34'' N., 
longitude 88 deg. 31' 04'' W.; thence to latitude 44 deg. 01' 36'' N., 
longitude 88 deg. 31' 08'' W.; thence to point of beginning.

[CGD 09-80-01, 47 FR 18333, Apr. 29, 1982]



Sec. 110.79c  Fish Creek Harbor, Fish Creek, Wisconsin.

    The area within the following boundaries: Beginning at latitude 
45 deg.07'58'' N., longitude 87 deg.14'41'' W.; thence to latitude 
45 deg.07'58'' N., longitude 87 deg.14'35'' W.; thence to latitude 
45 deg.07'50'' N., longitude 87 deg.14'30'' W.; thence to latitude 
45 deg.07'47'' N., longitude 87 deg.14'38'' W.; thence to the point of 
beginning.

[CGD 09-82-04, 48 FR 11268, Mar. 14, 1983]



Sec. 110.80   Milwaukee Harbor, Milwaukee, Wis.

    (a) McKinley Park. The water area east of McKinley Park enclosed by 
a line beginning at McKinley Park Jetty Light; thence 090 deg., 500 feet 
to a point on the breakwater; thence northerly and northwesterly 
following the breakwater, piers, jetty and natural shoreline to the 
point of beginning.
    (b) South Shore Park. The water area northeast of South Shore Park 
enclosed by a line beginning at the northeast corner of the jetty at 
latitude 43 deg.00'07.5'' N., longitude 87 deg.53'08'' W.; thence to 
latitude 43 deg.00'05'' N., longitude 87 deg.53'01'' W.; thence to 
latitude 42 deg.59'55'' N., longitude 87 deg.52'53'' W.; thence to 
latitude 42 deg.59'40'' N., longitude 87 deg.52'33.5'' W.; thence to a 
point of the shoreline at latitude 42 deg.59'34'' N., longitude 
87 deg.52'43.5'' W.; thence following the shoreline to the point of 
beginning.
    (c) Bay View Park. The water area east of Bay View Park enclosed by 
a line beginning on the shoreline at latitude 42 deg.59'28.5'' N., 
longitude 87 deg.52'35'' W.; thence to latitude 42 deg.59'35.5'' N., 
longitude 87 deg.52'27'' W.; thence to latitude 42 deg.59'08'' N., 
longitude 87 deg.51'37'' W.; thence to a point on the shoreline at 
latitude 42 deg.58'59'' N., longitude 87 deg.51'46'' W.; thence 
following the shoreline to the point of beginning.

    Note: An ordinance of the City of Milwaukee, Wisconsin requires the 
approval of the Milwaukee Harbor Master for the location and type of 
moorings placed in these special anchorage areas.

[CGD 73-48R, 39 FR 12007, Apr. 2, 1974]



Sec. 110.80a   Lake Macatawa, Mich.

    An area located on the south side of Lake Macatawa near the entrance 
to Lake Michigan, shoreward (south) of a line commencing offshore of 
Macatawa Park at a point 960 feet S 156 deg. E from the light on the 
south pier at the entrance to the Lake, and extending 1,550 feet N 
82 deg. E toward the northwest corner of the Macatawa Bay Yacht Club 
pier.



Sec. 110.80b  Marquette Harbor, Marquette, Mich.

    The area within Marquette Harbor beginning at latitude 
46 deg.32'38'' N., longitude 87 deg.22'46'' W.; thence to latitude 
46 deg.32'37'' N., longitude 87 deg.22'54'' W.; thence to latitude 
46 deg.32'33'' N., longitude 87 deg.22'54'' W.; thence to latitude 
46 deg.32'33'' N., longitude 87 deg.22'46'' W., thence to point of 
origin.

    Note: An ordinance of the City of Marquette authorizes the 
Harbormaster to direct the location and length of time any watercraft 
may anchor in this area.

[CGD 79-018, 44 FR 50040, Aug. 27, 1979]

[[Page 288]]



Sec. 110.81  Muskegon Lake, Mich.

    (a) Muskegon Lake West. The waters of the southwest side of Muskegon 
Lake enclosed by a line beginning at latitude 43 deg.13'24'' N., 
longitude 86 deg.19'18.5'' W.; thence 145 deg.T to latitude 
43 deg.13'07.5'' N., longitude 86 deg.19'02.5'' W.; thence 230 deg.T to 
latitude 43 deg.13'04'' N., longitude 86 deg.19'08.5'' W.; thence along 
the shoreline to the point of origin.
    (b) Muskegon Lake East. The waters of the southeast side of Muskegon 
Lake enclosed by a line beginning at latitude 43 deg.14'04'' N., 
longitude 86 deg.15'47'' W.; thence 277 deg.T to latitude 
43 deg.14'06.5'' N., longitude 86 deg.16'27'' W.; thence 205 deg.T to 
the shore; thence along the shoreline to the point of origin.

    Note: Administration of the Special Anchorage Area is exercised by 
the City of Muskegon pursuant to local ordinances.

[CGD 79-171, 46 FR 48195, Oct. 1, 1981]



Sec. 110.81a  Lake Betsie, Frankfort, MI.

    The area within the following boundaries:

    Beginning at latitude 44 deg.37'47'' North, longitude 
86 deg.13'52.5'' West; thence to latitude 44 deg.37'51.4'' North, 
longitude 86 deg.13'49'' West; thence to latitude 44 deg.37'46.4'' 
North, longitude 86 deg.13'37.8'' West; then to latitude 
44 deg.37'44.8'' North, longitude 86 deg.13'44.2'' West; thence to point 
of beginning.

[CGD 09-82-06, 48 FR 33263, July 21, 1983]



Sec. 110.82   Charlevoix Harbor, Mich.

    The waters on the north side of Round Lake northward of a line 
beginning at a point approximately 200 feet south of the north shore 
bearing 60 deg., 280 feet, from the northeast corner of the Charlevoix 
Municipal Wharf, and bearing thence 92 deg., 400 feet, thence 129 deg., 
1,160 feet, and thence 110 deg. to the westerly end of the southwest 
side of Park Island.



Sec. 110.82a  Little Traverse Bay, Lake Michigan, Harbor Springs, Mich.

    (a) Area 1. Beginning at latitude 45 deg.25'42.2'' N., Longitude 
84 deg.59'7.5'' W.; thence to latitude 45 deg.25'39.5'' N., longitude 
84 deg.59'09'' W.; thence to latitude 45 deg.25'35'' N., longitude 
84 deg.59'07'' W.; thence to latitude 45 deg.25'35'' N., longitude 
84 deg.58'55.2'' W.; thence to latitude 45 deg.25'42.2'' N., longitude 
84 deg.58'56.5'' W., thence to the point of beginning.
    (b) Area 2. Beginning at latitude 45 deg.25'42.2'' N., longitude 
84 deg.58'54'' W.; thence to latitude 45 deg.25'35'' N., longitude 
84 deg.58'53'' W.; thence to latitude 45 deg.25'35'' N., longitude 
84 deg.58'24.8'' W.; thence to latitude 45 deg.25'36.1'' N., longitude 
84 deg.58'23''W.; thence to latitude 45 deg.25'42.2'' N., longitude 
84 deg.58'39'' W., thence to the point of beginning.

[CGD 09-85-02, 50 FR 24194, June 10, 1985]



Sec. 110.83   Chicago Harbor, Ill.

    (a) Grant Park North-A. Beginning at a point 2,120 feet South of the 
intersection of the North line of the Chicago Yacht Club bulkhead, as 
constructed in 1927, and the harbor line approved by the Department of 
the Army on August 3, 1940, along the West side of the harbor, said 
harbor line runs parallel to the overall alignment of said Grant Park 
bulkhead between its North and South ends, said intersection is 
approximately 800 feet South of the South face of the former Naval 
Armory Dock, and 100 feet East of said bulkhead, that point being 
approximately on the harbor line; thence North along a straight line 
parallel to said harbor line and bulkhead, 1,705 feet to a point that is 
100 feet East of said harbor line and 150 feet East of the Grant Park 
bulkhead; thence East at a right angle, 150 feet; thence North at a 
right angle, parallel to the first described line, passing 100 feet East 
of the Chicago Yacht Club bulkhead, 440 feet; thence Northeasterly 850 
feet to a point 1,070 feet East of the aforesaid Grant Park bulkhead; 
thence Southeasterly 740 feet to a point 1,600 feet East of said harbor 
line; thence Southerly 1,960 feet to a point approximately 1,555 feet 
East of said harbor line and about 1,560 feet East of said Grant Park 
bulkhead; thence Southwesterly 295 feet to a point 1,180 feet due East, 
in a direction perpendicular to the West line hereof, from the point of 
beginning; and thence West to the point of beginning.
    (b) Grant Park North-B. Beginning at a point 145 feet North of the 
North line of the Chicago Yacht Club bulkhead, as constructed in 1927, 
and 320 feet East of the harbor line approved by the Department of the 
Army on August 3, 1940, along the West side of the harbor, said Chicago 
Yacht Club bulkhead extends due East, perpendicular to the

[[Page 289]]

Grant Park bulkhead's overall alignment between its North and South 
ends, said bulkhead runs parallel to the aforesaid harbor line and is 
approximately 800 feet South of the South face of the former Naval 
Armory Dock, said point is 20 feet East of the East face of the Chicago 
Park District jetty; thence North parallel to said jetty, 230 feet to a 
point 20 feet South of the South face of the Lake Shore Drive bulkhead, 
said bulkhead runs Easterly and Westerly in a curved direction; thence 
Easterly along a line parallel to said curved bulkhead to a point 20 
feet Southwest and perpendicular to a line extended along the Southwest 
side of the Columbia Yacht Club pier to said curved bulkhead; thence 
Southeasterly parallel to said extended line, 160 feet; thence 
Southwesterly to the point of beginning.
    (c) Grant Park North-C. Beginning at a point 970 feet North of the 
North line of the Chicago Yacht Club bulkhead, as constructed in 1927, 
which extends due East and perpendicular from the harbor line approved 
by the Department of the Army on August 3, 1940, said Chicago Yacht Club 
bulkhead line is approximately 800 feet South of the South face of the 
former Naval Armory Dock, and 1,170 feet East of said harbor line, said 
point of beginning is 20 feet East of the East face of the Columbia 
Yacht Club pier and 20 feet South of the South face of a breakwater, 
which runs in a East and West direction; thence East along a line 
parallel to the South face of said East-West breakwater, 540 feet to a 
point 20 feet West of the West face of a breakwater, which runs in a 
North and South direction; thence South along a line parallel to the 
West face of said North-South breakwater, approximately 965 feet; thence 
Northwesterly to a point 20 feet Southeast and perpendicular to the 
Southeast side of the aforesaid Columbia Yacht Club pier; thence 
Northerly along a line parallel to the East face of said pier to the 
point of beginning.
    (d) Grant Park South. Beginning at a point 2,220 feet South of the 
intersection of the North line of the Chicago Yacht Club bulkhead, as 
constructed in 1927, and the harbor line approved by the Department of 
the Army on August 3, 1940, along the West side of the harbor, said 
harbor line runs parallel to the overall alignment of the Grant Park 
bulkhead between its North and South ends, said intersection is 
approximately 800 feet South of the South face of the former Naval 
Armory Dock, and 100 feet East of said Grant Park bulkhead, that point 
being approximately on the harbor line; thence East, perpendicular to 
the overall alignment of the Grant Park bulkhead, and perpendicular to 
said harbor line, 1,180 feet; thence Southeasterly 330 feet to a point 
1,510 feet East of said Grant Park bulkhead and 225 feet South of an 
extension of the first described line; thence South perpendicular to the 
first described line, 220 feet; thence Southwesterly 2,375 feet along a 
line generally 100 feet Northwesterly from and parallel to the 
Northwesterly face of the narrow section of the U.S. Inner Breakwater; 
thence Northwesterly 100 feet to a point 150 feet East of said Grant 
Park bulkhead (or 100 feet East of the aforesaid harbor line), and 4,570 
feet South of the North line of the aforesaid Chicago Yacht Club 
bulkhead; and thence North 2,350 feet of the point of beginning.

    Note: The Chicago Park District controls the location and type of 
any moorings placed in the special anchorage areas in this section.

[CGD09-83-02, 50 FR 27581, July 5, 1985]



Sec. 110.83a  Cedar Point, Sandusky, Ohio.

    The water area enclosed by the break wall beginning at latitude 
41 deg.28'13'' N., longitude 82 deg.40'39'' W.; thence along the break 
wall to latitude 41 deg.28'21'' N., longitude 82 deg.40'53'' W.; thence 
along a straight line southwesterly to latitude 41 deg.28'20'' N., 
longitude 82 deg.40'55'' W.; thence along the break wall to latitude 
41 deg.28'33'' N., longitude 82 deg.40'58'' W.; thence along the 
shoreline to the point of beginning.

[CGD 79-169, 45 FR 32674, May 19, 1980]



Sec. 110.84   Black Rock Channel opposite foot of Porter Avenue, Buffalo, N.Y.

    An area extending northwesterly between Black Rock Channel and Bird 
Island Pier opposite the foot of Porter Avenue, bounded as follows: 
Beginning at Triangulation Marker ``N-5'' on Bird Island Pier; thence 
southeasterly along

[[Page 290]]

the pier a distance of approximately 745 feet; thence 60 deg.52' true, 
approximately 300 feet to a point 50 feet westerly of the westerly limit 
of Black Rock Channel; thence northwesterly along an arc of a circle 
parallel to and 50 feet westerly of the westerly limit of the channel to 
a point approximately 360 feet southerly of Bird Island Pier Light No. 
17; thence 276 deg.20' true, approximately 135 feet to Bird Island Pier; 
thence southwesterly and southerly along the pier a distance of 
approximately 1,355 feet to the point of beginning.



Sec. 110.84b  Buffalo, N.Y.

    The area within the Port of Buffalo known as Port of Buffalo Small 
Boat Harbor commencing at a point on shore at latitude 42 deg.51'05'' 
N., longitude 78 deg.51'55'' W.; thence 240 deg. to rip-rap dike thence 
following the dike to the shoreline; thence along the shoreline to the 
point of origin.

[CGD 77-47, 43 FR 35480, Aug. 10, 1978; 43 FR 56040, Nov. 30, 1978]



Sec. 110.85  Niagara River, Youngstown, N.Y.

    (a) Area 1. Beginning at a point at the intersection of the south 
line of Swain Street extended with the east shoreline of the Niagara 
River at latitude 43 deg.14'33" N, longitude 79 deg.03'7.5" W; thence 
westerly to a point at latitude 43 deg.14'33" N, longitude 
79 deg.03'9.5" W; thence Southerly to a point at latitude 
43 deg.14'15.5" N, longitude 79 deg.03'10" W; thence Westerly to a point 
at latitude 43 deg.14'15.5" N, longitude 79 deg.03'17" W; thence 
northerly to a point at latitude 43 deg.14'54.5" N, longitude 
79 deg.03'14" W; thence southeasterly to a point at latitude 
43 deg.14'52.3" N, longitude 73 deg.03'09" W; thence southerly to a 
point at latitude 43 deg.14'51.4" N. longitude 73 deg.03'09" W; thence 
easterly to a point at latitude 43 deg.14'51.5" N; longitude 
79 deg.03'6.5" W; thence along the shoreline to the point of beginning.
    (b) Area 2. Beginning at a point at latitude 43 deg.14'53.2'' N., 
longitude 79 deg.03'08'' W.; thence northwesterly to a point at latitude 
43 deg.14'56'' N., longitude 79 deg.03'14'' W.; thence northerly to a 
point at latitude 43 deg.15'07'' N., longitude 79 deg.03'13'' W.; thence 
northwesterly to a point at latitude 43 deg.15'9.5'' N., longitude 
79 deg.03'13.5'' W.; thence southeasterly to a point at latitude 
43 deg.15'7.5'' N., longitude 79 deg.03'08'' W.; thence southerly to the 
point of beginning.
    (c) Area 3. Beginning at a point at latitude 43 deg.15'7.9'' N., 
longitude 79 deg.03'03'' W.; thence westerly to a point at latitude 
43 deg.15'7.9'' N., longitude 79 deg.03'04'' W.; thence northwesterly to 
a point at latitude 43 deg.15'11.8'' N., longitude 79 deg.03'14'' W.; 
thence northerly to a point at latitude 43 deg.15'14'' N., longitude 
79 deg.03'14'' W.; thence northwesterly to a point at latitude 
43 deg.15'22'' N., longitude 79 deg.03'21.5'' W.; thence northeasterly 
to a point at latitude 43 deg.15'25.5'' N., longitude 79 deg.03'13'' W.; 
thence along the shoreline to the point of beginning.

    Note: The Youngstown Harbor Commission controls the location, type, 
and assignment of moorings placed in the special anchorage areas in this 
section.

[CGD 79-098, 45 FR 32674, May 19, 1980, as amended by CGD9-85-10, 50 FR 
43387, Oct. 25, 1985]



Sec. 110.86  Sodus Bay, NY.

    The water area in Sodus Bay, New York, south of Sand Point, two 
separate sections, enclosed by:
    (a) Eastern Section, beginning at a point on the shoreline at:

                                                                        
                 Latitude                             Longitude         
                                                                        
43 deg.15'58.1'' N........................  076 deg.58'34.0'' W, to     
43 deg.15'51.9'' N........................  076 deg.58'33.5'' W, to     
43 deg.15'53.5'' N........................  076 deg.58'47.5'' W, to     
43 deg.16'01.8'' N........................  076 deg.58'43.0'' W,        
 thence along the natural shoreline and structures to:                  
43 deg.15'58.1'' N........................  076 deg.58'34.0'' W.        
                                                                        


    (b) Western Section, beginning at a point on the shoreline at:

                                                                        
                 Latitude                             Longitude         
                                                                        
43 deg.16'02.5'' N........................  076 deg.58'45.0'' W, to     
43 deg.15'54.0'' N........................  076 deg.58'50.0'' W, to     
43 deg.15'54.8'' N........................  076 deg.59'00.1'' W, to     
43 deg.16'07.0'' N........................  076 deg.59'47.0'' W,        
 thence along the natural shoreline and structures to:                  
43 deg.16'02.5'' N........................  076 deg.58'45.0'' W.        
                                                                        


[CGD 09-93-029, 58 FR 40740, July 30, 1993]



Sec. 110.87   Henderson Harbor, N.Y.

    (a) Area A. The area in the southern portion of Henderson Harbor 
west of the Henderson Harbor Yacht Club

[[Page 291]]

bounded by a line beginning at the point of land, approximately 150 feet 
west of the Graham Creek Range Rear Light; thence 180 deg., 50 feet; 
thence 275 deg., 810 feet; thence 000 deg., 1,500 feet; thence 090 deg., 
700 feet; thence 177 deg., 1,250 feet to the point of land approximately 
160 feet west of the Graham Creek Range Forward Light; thence along the 
shoreline to the point of beginning.
    (b) Area B. The area in the southern portion of Henderson Harbor 
north of Graham Creek Entrance Light bounded by a line beginning at a 
point 000 deg., 1,000 feet from Graham Creek Entrance Light; thence 
357 deg., 1,200 feet; thence 090 deg., 400 feet; thence 172 deg., 1,200 
feet; 090 deg., 500 feet; thence 177 deg., 1,200 feet; thence 270 deg., 
500 feet to the point of beginning.

    Note: Permission must be obtained from the Town of Henderson 
Harbormaster before any vessel is moored or anchored in this special 
anchorage area.

[CGD 74-6R, 39 FR 15271, May 2, 1974, as amended by CGD 74-195, 40 FR 
51637, Nov. 6, 1975; CGD 75-234, 41 FR 2086, Jan. 14, 1976]



Sec. 110.90  San Diego Harbor, California.

    (a) The special anchorage areas--(1) Area A-1. In the Municipal 
Yacht Harbor, the water area enclosed by a line beginning at latitude 
32 deg.42'56.5" N., longitude 117 deg.13'44" W.; thence southwest to 
latitude 32 deg.42'53.4" N., longitude 117 deg.13'48.2" W.; thence 
northwest to latitude 32 deg.43'01.1" N., longitude 117 deg.13'56" W.; 
thence northeast to latitude 32 deg.43'02.4" N., longitude 
117 deg.13'52.4" W.; thence southeast to latitude 32 deg.42'59.6" N., 
longitude 117 deg.13'47.3" W.; thence to the point of beginning.
    (2) Area A-2. In the Commercial Basin, the water area enclosed by a 
line beginning at latitude 32 deg.43'13.9" N., longitude 
117 deg.13'21.0" W.; thence northeast to latitude 32 deg.43'16.2" N., 
longitude 117 deg.13'13.2" W.; thence northwest to latitude 
32 deg.43'22.1" N., longitude 117 deg.13'23.7" W., thence west to 
latitude 32 deg.43'22.0" N., longitude 117 deg.13'26.8" W.; thence 
southwest to latitude 32 deg.43'19.0" N., longitude 117 deg.13'29.2" W.; 
thence southeast to the point of beginning.
    (3) Area A-3. In North San Diego Bay, north of the ``B'' Street 
Merchant Vessel Anchorage, the water area enclosed by a line beginning 
at latitude 32 deg.43'30.4" N., longitude 117 deg.10'24.4" W., thence 
southwest to latitude 32 deg.43'29.7" N., longitude 117 deg.10'29.7" W., 
thence southwest to latitude 32 deg.43'25.6" N., longitude 
117 deg.10'33.0" W., thence northwest to latitude 32 deg.43'29.6" N., 
longitude 117 deg.10'44.9" W., thence northeast to latitude 
32 deg.43'36.0" N., longitude 117 deg.10'41.6" W., thence southeast 
along a line parallel to, and 200 feet bayward of, the shoreline of San 
Diego Bay adjoining Harbor Drive to the point of beginning.
    (4) Area A-5. In Glorietta Bay, the water area enclosed by a line 
beginning at latitude 32 deg.40'42.0" N., longitude 117 deg.10'00.0" W.; 
thence southwest to latitude 32 deg.40'41.0" N., longitude 
117 deg.10'03.5" W.; thence northwest to latitude 32 deg.40'46.0" N., 
longitude 117 deg.10'12.5" W.; thence northeast to latitude 
32 deg.40'46.5" N., longitude 117 deg.10'11.0" W.; thence southeast to 
the point of beginning.

    Note: Mariners anchoring in San Diego Harbor should consult 
applicable local ordinances of the San Diego Unified Port District.

[CGD11-85-06, 51 FR 19753, June 2, 1986; 51 FR 23056, June 25, 1986]



Sec. 110.91  Mission Bay, Calif.

    (a) Area M-1. In San Juan Cove, the entire water area west of a line 
drawn from latitude 32 deg.46'53.6" N., longitude 117 deg.14'52.5" W.; 
to El Carmel Point North Light; latitude 32 deg.46'48.0" N., longitude 
117 deg.14'50.1" W.

    Note: Control over the anchoring of vessels and placing of temporary 
moorings in this area is exercised by the City of San Diego Park and 
Recreation Department pursuant to local ordinances.

    (b) Area M-2. In Santa Barbara Cove, the entire water area west of a 
line drawn from latitude 32 deg.46'40.0" N., longitude 117 deg.14'47.0" 
W.; to latitude 32 deg.46'33.5" N., longitude 117 deg.14'45.5" W.

    Note: Control over the anchoring of vessels and the placing of 
temporary moorings in this area is exercised by the City of San Diego 
Park and Recreation Department pursuant to local ordinances.

    (c) Area M-3. In Mariners Basin, the entire water area west of a 
line drawn from latitude 32 deg.45'49.2" N., longitude 117 deg.14'42.9" 
W.; to Mission Point Light; latitude 32 deg.45'43.7" N., longitude 
117 deg.14'41.9" W.

    Note: Control over the anchoring of vessels and the placing of 
temporary moorings in

[[Page 292]]

this area is exercised by the City of San Diego Park and Recreation 
Department pursuant to local ordinances.

    (d) Area M-4. In Quivira Basin, the entire water area enclosed by 
that portion of a circle of 45 yard radius from latitude 32 deg.45'42.8" 
N., longitude 117 deg.14'25.6" W.; through the arc from 354 deg. T to 
088 deg. T.

    Note: Control over the anchoring of vessels and the placing of 
temporary moorings in this area is exercised by the City of San Diego 
Park and Recreation Department pursuant to local ordinances.

[CGD11-85-02, 51 FR 2882, Jan. 22, 1986]



Sec. 110.93  Dana Point Harbor, Calif.

    The area in Dana Point Harbor, Calif. commencing at a point at 
latitude 33 deg.27'36.2'' N., longitude 117 deg.42'20.4'' W.; thence 
016 deg.20' True for 612 feet to a point at latitude 33 deg.27'42.1'' 
N., longitude 117 deg.42'18.4'' W.; thence 106 deg.20' True for 85 feet 
to a point at latitude 33 deg.27'41.8'' N., longitude 117 deg.42'17.7'' 
W.; thence 196 deg.20' True for 222 feet to a point at latitude 
33 deg.27'39.7'' N., longitude 117 deg.42'18.2'' W.; thence 182 deg.20' 
True 234 feet to a point at latitude 33 deg.27'37.4'' N., longitude 
117 deg.42'18.2'' W.; thence 166 deg.20' True for 499 feet to a point at 
latitude 33 deg.27'32.6'' N., longitude 117 deg.42'16.8'' W.; thence 
320 deg. True for 470 feet to the point of origin.

[CGD 76-197, 42 FR 44985, Sept. 8, 1977]



Sec. 110.95   Newport Bay Harbor, Calif.

    (a) Area A-1. In Lido Channel, northeast of a line parallel to and 
195 feet from the pierhead line along the southwest shore of Lido Isle; 
north of the south U. S. Bulkhead line off Lido Isle extended; southwest 
of a line parallel to and 120 feet from the pierhead line along the 
southwest shore of Lido Isle; and southeast of the north side of Via 
Barcelona, on Lido Isle, extended.

    Note: This area is reserved for recreational and other small craft. 
Fore and aft moorings will be allowed in this area conforming to the 
City of Newport Beach Harbor Ordinance No. 543 for recreational and 
small craft of such size and alignment as permitted by the harbor 
master.

    (b) Area A-2. East of the east side of 15th Street extended; north 
of a line parallel to and 250 feet from the pierhead line between 14th 
and 15th Streets, this line being the north line of Newport Channel, and 
extending east in a straight line to an intersection with a line bearing 
268+ from Lido Isle East Light 2, this line being the 
northwest line of the main fairway; west of the east side of 13th Street 
extended; and south of a line parallel to and 220 feet from the pierhead 
line off the south shore of Lido Isle.

    Note: This area is reserved for recreational and other small craft. 
Fore and aft moorings will be allowed in this area conforming to the 
City of Newport Beach Harbor Ordinance No. 543 for recreational and 
small craft of such size and alignment as permitted by the harbor 
master.

    (c) Area A-3. A rectangular area, 40 feet wide and 885 feet long, on 
the west side of Upper Bay Channel, 120 feet east of and parallel to the 
west pierhead line, the south end being 50 feet north from U.S. Bulkhead 
Station 130.

    Note: This area is reserved for recreational and other small craft. 
Fore and aft moorings will be allowed in this area conforming to Orange 
County Harbor Ordinance No. 490 for recreational and small craft of such 
size and alignment as permitted by the harbor master.

    (d) Area A-4. South of a line bearing 268+ from Newport 
Bay Channel Light 11, this line being the south line of the main 
fairway; north of a line parallel to and 200 feet from the pierhead line 
off 11th to 8th Streets; and west of a line bearing 203+ from 
Newport Bay Channel Light 12, passing through the pierhead line at the 
east end of Lido Isle.

    Note: This area is reserved for recreational and other small craft. 
Fore and aft moorings will be allowed in this area conforming to the 
City of Newport Beach Harbor Ordinance No. 543 for recreational and 
small craft of such size and alignment as permitted by the harbor 
master.

    (e) Area A-5. (Newport Harbor Yacht Club). East of a line bearing 
23+ from the center of the north end of 8th Street, being 
parallel to and 150 feet distant from the east end of Area A-4; north of 
a line parallel to and 200 feet from the pierhead line off 7th and 8th 
Streets; northwest of a line parallel to and 200 feet from the northwest 
pierhead line off Bay Island; and south of a line bearing 
268+ from Newport Bay

[[Page 293]]

Channel Light 11, this line being the southerly line of the main 
fairway.

    Note: This area is reserved for recreational and other small craft. 
Fore and aft moorings will be allowed in this area conforming to the 
City of Newport Beach Harbor Ordinance No. 543 for recreational and 
small craft of such size and alignment as permitted by the harbor 
master.

    (f) Area A-6. Northwest of Harbor Island, beginning at a point on 
the Newport City line 107 feet from the angle point northwest of Harbor 
Island; thence 36 deg.27', 55 feet; thence 303 deg.18', 300 feet; thence 
216 deg.27', 72 feet; thence 165 deg.12', 211 feet; thence 
75 deg.11'44'', approximately 216 feet, to the point of beginning.

    Note: This area is reserved for recreational and other small craft. 
Fore and aft moorings will be allowed in this area conforming to Organge 
County Harbor Ordinance No. 490 for recreational and small craft of such 
size and alignment as permitted by the harbor master.

    (g) Area A-7. East of a line parallel to and 150 feet from the east 
pierhead line off Bay Island; north of a line parallel to and 150 feet 
from the pierhead line off Fernando Street; northwest of the east side 
of Adams Street extended; and southwest of a line bearing 
131+ from Newport Bay Channel Light 11, being parallel to and 
100 feet southwest of the southwest line of the main channel.

    Note: This area is reserved for recreational and other small craft. 
Fore and aft moorings will be allowed in this area conforming to the 
City of Newport Beach Harbor Ordinance No. 543 for recreational and 
small craft of such size and alignment as permitted by the harbor 
master.

    (h) Area A-8. Northeast of a line parallel to and 270 feet from the 
southwest pierhead line from Collins Isle to Balboa Island; north of a 
line bearing 311+ from Newport Bay Channel Lighted Buoy 10 
and passing through Newport Bay Channel Light 12, this line being the 
northeast line of the main channel; southwest of a line parallel to and 
150 feet from the southwest pierhead line from Collins Isle to Balboa 
Island; and southeast of a line bearing 238+ from U.S. 
Station 160.

    Note: This area is reserved for recreational and other small craft. 
Fore and aft moorings will be allowed in this area conforming to the 
City of Newport Beach Harbor Ordinance No. 543 for recreational and 
small craft of such size and alignment as permitted by the harbor 
master.

    (i) Area A-9. In Balboa Island Channel, east of a line bearing due 
north from U.S. Station 151, being 25 feet west of the end of Emerald 
Avenue; north of a line parallel to and 75 feet from the north pierhead 
line off Balboa Island; west of the east side of Amethyst Avenue 
extended; and south of a line parallel to and 150 feet from the north 
pierhead line of Balboa Island.

    Note: This area is reserved for recreational and other small craft. 
Fore and aft moorings will be allowed in this area conforming to the 
City of Newport Beach Harbor Ordinance No. 543 for recreational and 
small craft of such size and alignment as permitted by the harbor 
master.

    (j) Area A-10. Southeast of a line bearing 209+ from 
Newport Bay Channel Lighted Buoy 10 and passing through the east side of 
the end of ``A'' Street; north of an irregular line parallel to and 150 
feet from the north pierhead line off Balboa Peninsula from ``A'' to 
``K'' Streets; south of the south line of the main channel; and south 
and southeast of an irregular line parallel to and 375 feet from the 
north pierhead line off Balboa Peninsula.

    Note: This area is reserved for recreational and other small craft. 
Fore and aft moorings will be allowed in this area conforming to the 
City of Newport Beach Harbor Ordinance No. 543 for recreational and 
small craft of such size and alignment as permitted by the harbor 
master.

    (k) Area A-11. Northeast of a line bearing 
108+30, from Newport Bay Channel Lighted Buoy 10, 
this line being the northeast line of the main channel; north of a line 
parallel to and 350 feet from the south pierhead line off Balboa Island; 
west of the west bulkhead line of the Grand Canal extended; and south of 
a line parallel to and 150 feet from the south pierhead off Balboa 
Island.

    Note: This area is reserved for recreational and other small craft. 
Fore and aft moorings will be allowed in this area conforming to the 
City of Newport Beach Harbor Ordinance No. 543 for recreational and 
small craft of such size and alignment as permitted by the harbor 
master.


[[Page 294]]


    (l) Area A-12 (Balboa Yacht Club). South of a line parallel to and 
150 feet from the south pierhead line off Balboa Island; west of the 
east end pierhead line off Balboa Island extended and bearing 161 deg.; 
north of a line parallel to and 700 feet from the south pierhead line 
off Balboa Island; and east of a line parallel to and 1,000 feet from 
the east boundary, bearing 161 deg. from the point of intersection of 
the east bulkhead line of Grand Canal and the south bulkhead line off 
Balboa Island.

    Note: This area is reserved for recreational and other small craft. 
Single moorings will be allowed in this area conforming to the City of 
Newport Beach Harbor Ordinance No. 543 for pleasure boats and yachts of 
such sizes and alignments as permitted by the harbor master.

    (m) [Reserved]
    (n) Area B-1. Southeast of a line bearing 237+ from Lido 
Isle West Light 4 and being parallel to and 200 feet from the pierhead 
line off the southeast end of Rhine Point; northeast of the southwest 
bulkhead line off Rhine Point extended; north of a line parallel to and 
250 feet from the pierhead line between 15th and 18th Streets, this line 
being the north line of Newport Channel; west of the west side of 15th 
Street extended; and south of a line parallel to and 220 feet from the 
pierhead off the south shore of Lido Isle.

    Note: This area is reserved for recreational and other small craft. 
Fore and aft moorings will be allowed in this area conforming to the 
City of Newport Beach Harbor Ordinance No. 543 for recreational and 
small craft of such size and alignment as permitted by the harbor 
master.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD11-85-02, 51 
FR 2882, Jan 22, 1986]



Sec. 110.100   Los Angeles and Long Beach Harbors, Calif.

    (a) [Reserved]
    (b) Area A-2. Consisting of two parts in the outer basin of Fish 
Harbor on the east and west sides of Fish Harbor Entrance Channel 
described as follows:
    (1) Part 1. Beginning at a point at the intersection of westerly 
side of Fish Harbor Entrance Channel and the outer jetty; thence 
southwesterly along the jetty about 900 feet to the shore; thence 
northerly about 500 feet; thence northeasterly about 650 feet, on a line 
parallel to jetty; thence southeasterly about 500 feet, along the 
westerly side of Fish Harbor Entrance Channel to the point of beginning.
    (2) Part 2. Beginning at a point at the intersection of the east 
side of Fish Harbor Entrance Channel and Fish Harbor mole (outer Fish 
Harbor); thence northwesterly along channel line about 850 feet to the 
southerly side of the Fairway; thence northeasterly and easterly along 
the southerly side of the Fairway, about 478 and 565 feet respectively 
to its intersection with Fish Harbor mole; thence southerly and 
southwesterly along the mole to the point of beginning.



Sec. 110.111   Marina del Rey Harbor, Calif.

    An area in the main channel within the following described 
boundaries:
    Beginning at the most northeasterly corner at latitude 
33 deg.58'58'', longitude 118 deg.26'46''; thence southerly to latitude 
33 deg.58'53'', longitude 118 deg.26'46''; thence southeasterly to 
latitude 33 deg.58'52'', longitude 118 deg.26'45''; thence southerly to 
latitude 33 deg.58'39'', longitude 118 deg.26'45''; thence westerly to 
latitude 33 deg.58'38'', longitude 118 deg.26'55''; thence northerly to 
latitude 33 deg.59'00'', longitude 118 deg.26'55''; thence easterly to 
the point of beginning.

    Note: This area is reserved for yachts and other recreational craft 
and for all types of small craft during storm, stress, or other 
emergency. Single and fore-and-aft moorings will be allowed in the area 
as permitted by the Director of the Department of Small Craft Harbors, 
Los Angeles County.



Sec. 110.115   Santa Barbara Harbor, Calif.

    North of the Santa Barbara breakwater; seaward of the line of mean 
high water; and southwest of a line bearing 46 deg.30' from the north 
corner of Bath Street and Cabrillo Boulevard to the end of the Santa 
Barbara breakwater; excluding a fairway 225 feet wide, 100 feet from 
each side of and parallel to the Navy pier.

    Note: Fore and aft moorings will be allowed in this area conforming 
to the City of Santa Barbara Harbor Ordinance No. 2106 for yachts and 
small craft of such size and alignment as permitted by the harbor 
master.

[[Page 295]]



Sec. 110.120   San Luis Obispo Bay, Calif.

    (a) Area A-1. Area A-1 is the water area bounded by the San Luis 
Obispo County wharf, the shoreline, a line drawn from the southernmost 
point of Fossil Point to latitude 35 deg.10'18.5'' N., longitude 
120 deg.43'38.5'' W.; thence to the southeast corner of the San Luis 
Obispo County wharf.
    (b) Area A-2. Area A-2 is the water area enclosed by a line drawn 
from the outer end of Whaler Island breakwater at latitude 
35 deg.09'22'' N., longitude 120 deg.44'56'' W., to the Marre Chimney at 
latitude 35 deg.10'56'' N., longitude 120 deg.44'31'' W.

    Note: The Port San Luis Harbor District prescribes local regulations 
for mooring and boating activities in these areas.

[CGD 72-24R, 38 FR 1928, Jan. 19, 1973]



Sec. 110.125   Morro Bay Harbor, Calif.

    (a) Area A-1. Opposite the City of Morro Bay, beginning 50 feet west 
of the intersection of the west channel line and the prolongation of the 
center line of Seventh Street; thence in a generally southeasterly 
direction and parallel to the channel line for a distance of 450 yards; 
thence 166 deg. and parallel to the revetment for a distance of 1,025 
yards; thence 270 deg. for a distance of 200 yards; thence 346 deg. for 
a distance of about 1,425 yards to meet the prolongation of the center 
line of Seventh Street; and thence to the point of beginning.
    (b) Area A-2. Beginning at a point 322 deg. and 150 feet from the 
high water line on the most westerly part of Fairbanks Point; thence 
continuing on this bearing for a distance of 1,346 feet; thence 52 deg. 
for a distance of 450 feet and thence generally southeasterly parallel 
to and 150 feet from the mean high water line to the point of beginning.

    Note: Moorings and boating activities will be allowed in these areas 
conforming to applicable City of Morro Bay ordinances and regulations 
adopted pursuant thereto.



Sec. 110.126  Monterey Harbor, Calif.

    The waters of Monterey Harbor between the shoreline and the 
following coordinates: Beginning at a point on the shoreline at latitude 
36 deg.36'27.5'' N., longitude 121 deg.53'35.0'' W.; thence to latitude 
36 deg.36'32.4'' N., longitude 121 deg.53'31.0'' W., in an easterly 
direction to latitude 36 deg.36'28.8'' N., 121 deg.53'19.0'' W.; thence 
south to latitude 36 deg.36'23.1'' N., longitude 121 deg.53'19.0'' W.; 
thence to the north end of Municipal Wharf No. 1 at latitude 
36 deg.36'20.0'' N., longitude 121 deg.53'28.0'' W.

[CGD 82-091, 47 FR 45878, Oct. 14, 1982]



Sec. 110.126a   San Francisco Bay, Calif.

    Richardson Bay Anchorage. That portion of Richardson Bay, north of a 
line bearing 257 deg. from Peninsula Point to the shore at Sausalito, 
except for federally-maintained channels, and all channels approved for 
private use therein.

    Note: An ordinance of the City of Sausalito requires the City's 
written consent before any vessel is moored or anchored in the portion 
of this special anchorage area known as the waters of Dunphy Park.

[CGFR 69-109, 34 FR 17771, Nov. 4, 1969, as amended by CGD 78-126, 45 FR 
10760, Feb. 19, 1980]



Sec. 110.127   Lake Mohave and Lake Mead, Nevada and Arizona.

    (a) Willow Beach, Ariz. That portion of Lake Mohave enclosed by the 
shore and a line connecting the following points, excluding a 100-foot-
wide fairway, extending westerly from the launching ramp, as established 
by the Superintendent, Lake Mead Recreation Area:

        Latitude              Longitude

      ``a'' 35 deg.52'30'' N.        114 deg.39'35'' W.
      ``b'' 35 deg.52'10'' N.        114 deg.39'35'' W.

    (b) Katherine, Ariz. That portion of Lake Mohave inclosed by the 
shore and a line connecting the following points, excluding a 100-foot-
wide fairway, extending westerly from the launching ramp, as established 
by the Superintendent, Lake Mead Recreation Area:

        Latitude              Longitude

      ``a'' 35 deg.13'33'' N.        114 deg.34'38'' W.
      ``b'' 35 deg.13'05'' N.        114 deg.34'40'' W.

    (c) El Dorado Canyon, Nev. That portion of Lake Mohave inclosed by 
the shore and a line connecting the following points, excluding a 50-
foot-wide fairway, extending easterly from the launching ramp, as 
established by the

[[Page 296]]

Superintendent, Lake Mead Recreation Area:

        Latitude              Longitude

      ``a'' 35 deg.42'37'' N.        114 deg.42'21'' W.
      ``b'' 35 deg.42'08'' N.        114 deg.42'10'' W.

    (d) Cottonwood Cove, Nev. That portion of Lake Mohave inclosed by 
the shore and a line connecting the following points, excluding a 200-
foot-wide fairway extending northeasterly from the launching ramp, as 
established by the Superintendent Lake Mead Recreation Area:

        Latitude              Longitude

      ``a'' 35 deg.29'46'' N.        114 deg.40'55'' W.
      ``b'' 35 deg.29'33'' N.        114 deg.40'45'' W.

    (e) Overton Beach, Nev.--(1) Area ``A''. That portion of Lake Mead 
inclosed by the shore and lines connecting the following points, 
excluding two 300-foot-wide fairways, extending northwesterly and 
southwesterly from the launching ramps, as established by the 
Superintendent, Lake Mead Recreation Area:

        Latitude              Longitude

      ``a'' 36 deg.27'05'' N.        114 deg.21'48'' W.
      ``b'' 36 deg.27'15'' N.        114 deg.21'20'' W.
      ``c'' 36 deg.26'32'' N.        114 deg.20'45'' W.
      ``d'' 36 deg.25'49'' N.        114 deg.20'50'' W.
      ``e'' 36 deg.25'00'' N.        114 deg.21'27'' W.
      ``f'' 36 deg.25'19'' N.        114 deg.22'10'' W.

    (f) Echo Bay, Nev. That portion of Lake Mead inclosed by the shore 
and lines connecting the following points, excluding a 100-foot-wide 
fairway, extending southwesterly from the launching ramp, as established 
by the Superintendent, Lake Mead Recreation Area:

        Latitude              Longitude

      ``a'' 36 deg.18'30'' N.        114 deg.25'10'' W.
      ``b'' 36 deg.18'20'' N.        114 deg.24'00'' W.
      ``c'' 36 deg.17'35'' N.        114 deg.24'05'' W.
      ``d'' 36 deg.17'40'' N.        114 deg.24'27'' W.

    (g) Callville Bay, Nev. That portion of Lake Mead inclosed by the 
shore and lines connecting the following points, excluding a 200-foot-
wide fairway, extending southeasterly from the launching ramp, as 
established by the Superintendent, Lake Mead Recreation Area:

        Latitude              Longitude

      ``a'' 36 deg.09'00'' N.        114 deg.42'40'' W.
      ``b'' 36 deg.08'10'' N.        114 deg.42'03'' W.
      ``c'' 36 deg.08'06'' N.        114 deg.42'40'' W.

    (h) Las Vegas Wash, Nev. That portion of Lake Mead inclosed by the 
shore and a line connecting the following points, excluding a 200-foot-
wide fairway, extending easterly from the launching ramp, as established 
by the Superintendent, Lake Mead Recreation Area:

        Latitude              Longitude

      ``a'' 36 deg.07'23'' N.        114 deg.49'45'' W.
      ``b'' 36 deg.06'29'' N.        114 deg.49'45'' W.

    (i) Hemenway Harbor, Nev. That portion of Lake Mead inclosed by the 
shore and lines connecting the following points, excluding a 100-foot-
wide fairway, extending easterly from the launching ramp at Boulder 
Beach and a 600-foot-wide fairway, extending northeasterly from the 
launching ramp at Hemenway Harbor, both as established by the 
Superintendent, Lake Mead Recreation Area:

        Latitude              Longitude

      ``a'' 36 deg.04'05'' N.        114 deg.48'15'' W.
      ``b'' 36 deg.03'25'' N.        114 deg.48'10'' W.
      ``c'' 36 deg.01'20'' N.        114 deg.45'15'' W.

    (j) Kingman Wash, Ariz. That portion of Lake Mead inclosed by the 
shore and a line connecting the following points, excluding a 100-foot-
wide fairway, extending westerly from the launching ramp, as established 
by the Superintendent, Lake Mead Recreation Area:

        Latitude              Longitude

      ``a'' 36 deg.02'34'' N.        114 deg.42'50'' W.
      ``b'' 36 deg.02'05'' N.        114 deg.43'05'' W.

    (k) Temple Bar, Ariz. That portion of Lake Mead inclosed by the 
shore and lines connecting the following points, excluding a 200-foot-
wide fairway, extending southwesterly from the launching ramp, as 
established by the Superintendent, Lake Mead Recreation Area:

        Latitude              Longitude

      ``a'' 36 deg.02'21'' N.        114 deg.19'29'' W.
      ``b'' 36 deg.02'34'' N.        114 deg.18'46'' W.
      ``c'' 36 deg.02'03'' N.        114 deg.18'13'' W.

    (l) Greggs, Ariz. That portion of Lake Mead inclosed by the shore 
and a line connecting the following points, excluding a 100-foot-wide 
fairway, extending northerly from the launching ramp,

[[Page 297]]

as established by the Superintendent, Lake Mead Recreation Area:

        Latitude              Longitude

      ``a'' 36 deg.00'35'' N.        114 deg.13'49'' W.
      ``b'' 36 deg.00'35'' N.        114 deg.14'10'' W.

    (m) Pierce Ferry, Ariz. That portion of Lake Mead inclosed by the 
shore and a line connecting the following points, excluding a 100-foot-
wide fairway, extending easterly from the launching ramp, as established 
by the Superintendent, Lake Mead Recreation Area:

        Latitude              Longitude

      ``a'' 36 deg.08'42'' N.        113 deg.59'24'' W.
      ``b'' 36 deg.07'18'' N.        113 deg.58'32'' W.

    (n) South Bay, Ariz. That portion of Lake Mead inclosed by the shore 
and a line connecting the following points, excluding one 100-foot wide 
fairway, extending westerly from the launching ramp, as established by 
the Superintendent, Lake Mead Recreation Area:

        Latitude              Longitude

      ``a'' 36 deg.06'26'' N.        114 deg.06'13'' W.
      ``b'' 36 deg.05'00'' N.        114 deg.06'50'' W.
      ``c'' 36 deg.05'00'' N.        114 deg.06'13'' W.

    Note: Fixed moorings, piles, or stakes are prohibited. Single and 
fore-and-aft temporary moorings will be allowed. The anchoring of 
vessels and the placing of temporary moorings will be under the 
jurisdiction and at the discretion of the Superintendent, Lake Mead 
Recreation Area, National Park Service.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGFR 69-36, 34 FR 
6577, Apr. 17, 1969; CGD 79-045, 44 FR 60091, Oct. 18, 1979]



Sec. 110.127a   Lake Powell, Utah-Arizona.

    (a) Castel Butte, Utah. That portion of Lake Powell inclosed by the 
shore and a line connecting the following points, excluding a 300-foot-
wide fairway extending in an east-west direction perpendicular to the 
launching ramp, as established by the Superintendent, Glen Canyon 
National Recreation Area:

        Latitude              Longitude

      ``a'' 37 deg.43'45'' N.        110 deg.27'00'' W.
      ``b'' 37 deg.42'30'' N.        110 deg.27'57'' W.

    (b) Bullfrog Basin, Utah. That portion of Lake Powell inclosed by 
the shore and a line connecting the following points, excluding a 300-
foot-wide fairway, extending southeasterly from the launching ramp, as 
established by the Superintendent, Glen Canyon National Recreation Area:

        Latitude              Longitude

      ``a'' 37 deg.29'17'' N.        110 deg.42'28'' W.
      ``b'' 37 deg.28'44'' N.        110 deg.43'40'' W.

    (c) Halls Crossing, Utah. That portion of Lake Powell inclosed by 
the shore and a line connecting the following points, excluding a 300-
foot-wide fairway, extending northwesterly from the launching ramp, as 
established by the Superintendent, Glen Canyon National Recreation Area:

        Latitude              Longitude

      ``a'' 37 deg.28'24'' N.        110 deg.42'57'' W.
      ``b'' 37 deg.28'00'' N.        110 deg.43'21'' W.
      ``c'' 37 deg.27'46'' N.        110 deg.43'16'' W.

    (d) Dangling Rope Canyon, Utah. That portion of Dangling Rope 
Canyon, Lake Powell, enclosed by the shoreline and a line connecting the 
following points, excluding a 200-foot-wide fairway, extending southerly 
from the marina, as established by the Superintendent, Glen Canyon 
National Recreation Area:

        Latitude              Longitude

      ``a'' 37 deg.06'48'' N.        111 deg.05'00'' W.
      ``b'' 37 deg.07'15'' N.        111 deg.05'03'' W.
      ``c'' 37 deg.07'19'' N.        111 deg.04'49'' W.
      ``d'' 37 deg.08'08'' N.        111 deg.04'00'' W.
      ``e'' 37 deg.07'30'' N.        111 deg.04'30'' W.
      ``f'' 37 deg.07'20'' N.        111 deg.04'15'' W.

    (e) Wahweap, Arizona-Utah. That portion of Lake Powell inclosed by 
the shore and a line connecting the following points, excluding a 200-
foot-wide fairway, extending northeasterly from the northerly launching 
ramp and a 300-foot-wide fairway, extending easterly from the southerly 
launching ramp, as established by the Superintendent, Glen Canyon 
National Recreation Area:

        Latitude              Longitude

      ``a'' 37 deg.00'21'' N.        111 deg.30'30'' W.
      ``b'' 37 deg.00'40'' N.        111 deg.30'00'' W.
      ``c'' 36 deg.59'10'' N.        111 deg.28'48'' W.
      ``d'' 36 deg.59'10'' N.        111 deg.29'24'' W.

    Note: Fixed moorings, piles, or stakes are prohibited. Single and 
fore-and-aft temporary moorings will be allowed. The anchoring of 
vessels and the placing of temporary moorings will be under the 
jurisdiction and at the discretion of the Superintendent, Glen Canyon 
National Recreation Area.

[[Page 298]]

    (f) Hite, Utah. That portion of Lake Powell enclosed by the shore 
and by lines connecting the following two sets of points, excluding a 
200-foot-wide fairway extending westerly from the launching ramp on the 
far shore, as established by the Superintendent, Glen Canyon National 
Recreation area:

                               East Shore

        Latitude              Longitude

      ``a'' 37 deg.51'40'' N.        110 deg.23'45'' W.
      ``b'' 37 deg.51'40'' N.        110 deg.24'05'' W.
      ``c'' 37 deg.52'30'' N.        110 deg.24'00'' W.
      ``d'' 37 deg.52'30'' N.        110 deg.23'35'' W.

                               North Wash

        Latitude              Longitude

      ``a'' 37 deg.52'00'' N.        110 deg.24'45'' W.
      ``b'' 37 deg.52'40'' N.        110 deg.24'45'' W.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 11-84-05, 49 
FR 47603, Dec. 6, 1984]



Sec. 110.127b   Flaming Gorge Lake, Wyoming-Utah.

    (a) Buckboard Crossing, Wyo. That portion of Flaming Gorge Lake 
inclosed by the shore and a line connecting the following points, 
excluding a 150-foot-wide fairway, extending southeasterly from the 
launching ramp, as established by the Superintendent, Flaming Gorge 
National Recreation Area:

        Latitude              Longitude

      ``a'' 41 deg.14'50'' N.        109 deg.35'22'' W.
      ``b'' 41 deg.14'37'' N.        109 deg.35'12'' W.

    (b) Squaw Hollow, Wyo. That portion of Flaming Gorge Lake inclosed 
by the shore and a line connecting the following points, excluding a 
100-foot-wide fairway, extending southeasterly from the launching ramp, 
as established by the Superintendent, Flaming Gorge National Recreation 
Area:

        Latitude              Longitude

      ``a'' 41 deg.09'55'' N.        109 deg.33'18'' W.
      ``b'' 41 deg.09'48'' N.        109 deg.33'20'' W.

    (c) Antelope Flat, Utah. That portion of Flaming Gorge Lake inclosed 
by the shore and a line connecting the following points, excluding a 
150-foot-wide fairway, extending southeasterly from the launching ramp 
to a point beyond the floating breakwater and then westerly, as 
established by the Superintendent, Flaming Gorge National Recreation 
Area:

        Latitude              Longitude

      ``a'' 40 deg.57'46'' N.        109 deg.33'30'' W.
      ``b'' 40 deg.57'37'' N.        109 deg.33'37'' W.

    (d) Lucerne Valley, Utah. That portion of Flaming Gorge Lake 
inclosed by the shore and a line connecting the following points, 
excluding a 300-foot-wide fairway extending southeasterly from the 
launching ramp, as established by the Superintendent, Flaming Gorge 
National Recreation Area:

        Latitude              Longitude

      ``a'' 40 deg.59'07'' N.        109 deg.34'54'' W.
      ``b'' 40 deg.58'54'' N.        109 deg.35'00'' W.

    Note: Fixed moorings, piles, or stakes are prohibited. Single and 
fore-and-aft temporary moorings will be allowed. The anchoring of 
vessels and the placing of temporary moorings will be under the 
jurisdiction and at the discretion of the Superintendent, Flaming Gorge 
National Recreation Area.



Sec. 110.127c  Trinidad Bay, Calif.

    The waters of Trinidad Bay, beginning at the southernmost point of 
Trinidad Head at latitude 41 deg.03'04'' N., longitude 124 deg.08'56'' 
W.; thence east to Prisoner Rock at latitude 41 deg.03'09'' N., 
longitude 124 deg.08'37'' W.; thence east to latitude 41 deg.03'09'' N., 
longitude 124 deg.08'19'' W., thence north to latitude 41 deg.03'26'' 
N., longitude 124 deg.08'21'' W.; thence following the shoreline to 
Trinidad Bay in a westerly and southerly direction to the point of 
beginning.

    Note: The area will be principally for use by sport and commercial 
fishing vessels. Temporary floats and buoys for anchoring will be 
allowed in the area. Fixed moorings, piles or stakes are prohibited. All 
moorings shall be placed so that no vessel when anchored or moored shall 
at any time extend beyond the limits of the area. The anchoring of all 
vessels and placing of all moorings will be under the supervision of the 
City of Trinidad or such other authority as may be designated by the 
City Council of the City of Trinidad, California.

[CGD 76-105, 42 FR 37811, July 25, 1977, as amended by CGD12 86-06, 51 
FR 10198, Mar. 25, 1986]



Sec. 110.128   Columbia River at Portland, Oreg.

    The waters of the Columbia River between Sand Island and Government 
Island, bounded on the west by pile dike

[[Page 299]]

U.S. 5.75 and a line extending true north from the northerly end of the 
dike to the south shore of Sand Island and bounded on the east by a line 
bearing 339 deg.15' true, from a point on Government Island at latitude 
45 deg.35'10'', longitude 122 deg.32'41'', to the southerly shore of 
Sand Island.



Sec. 110.128b  Island of Hawaii, Hawaii.

    (a) Hilo Bay. The waters of Hilo Bay enclosed by a line beginning at 
19 deg.43'55.5'' N. latitude, 155 deg.03'30'' W. longitude; thence to 
19 deg.44'08'' N. latitude, 155 deg.04'19'' W. longitude; thence to 
19 deg.43'51'' N. latitude, 155 deg.04'30'' W. longitude; thence to 
19 deg.44'10'' N. latitude, 155 deg.05'29'' W. longitude; thence along 
the shoreline to the beginning point. (Datum: OHD)
    (b) Kuhio Bay. The waters of Kuhio Bay enclosed by a line beginning 
at 19 deg.44'13'' N. latitude, 155 deg.03'25'' W. longitude; thence to 
19 deg.44'15'' N. latitude, 155 deg.03'25'' W. longitude; thence along 
the shoreline to the beginning point. (Datum: OHD)

[CGD 76-186, 42 FR 62001, Dec. 8, 1977, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996]



Sec. 110.128c  Island of Kauai, Hawaii.

    (a) Nawiliwili Bay. The waters of Nawiliwili Bay enclosed by a line 
beginning at 21 deg.57'12.5'' N. latitude, 159 deg.21'38'' W. longitude; 
thence to 21 deg.57'26'' N. latitude, 159 deg.21'39.5'' W. longitude; 
thence along the shoreline to the beginning point. (Datum: OHD)
    (b) [Reserved]

[CGD 76-186, 42 FR 62001, Dec. 8, 1977, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996]



Sec. 110.128d  Island of Oahu, Hawaii. (Datum: OHD)

    (a) Kaneohe Bay (1). The waters of Kaneohe Bay enclosed by a line 
beginning at 21 deg.26'28'' N. latitude, 157 deg.46'00'' W. longitude; 
thence to 21 deg.26'00'' N. latitude, 157 deg.46'14'' W. longitude; 
thence to 21 deg.26'20'' N. latitude, 157 deg.47'24'' W. longitude; 
thence to 21 deg.27'00'' N. latitude, 157 deg.48'25'' W. longitude; 
thence to 21 deg.26'46'' N. latitude, 157 deg.48'37'' W. longitude; 
thence along the shoreline to the beginning point.
    (b) Kaneohe Bay (2). The waters of Kaneohe Bay enclosed by a line 
beginning at 21 deg.27'28'' N. latitude, 157 deg.49'08'' W. longitude; 
thence to 21 deg.28'10'' N. latitude, 157 deg.50'03'' W. longitude; 
thence to 21 deg.29'10'' N. latitude, 157 deg.50'40'' W. longitude; 
thence to 21 deg.30'46'' N. latitude, 157 deg.50'14'' W. longitude; 
thence along the shoreline to the beginning point.
    (c) Keehi Lagoon. The waters of Keehi Lagoon bounded by a line 
connecting the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
21 deg.1935.0" N                  157 deg.5406.0" W                     
21 deg.1937.7" N                  157 deg.5358.0" W                     
21 deg.1906.4" N                  157 deg.5341.9" W                     
21 deg.1900.8" N                  157 deg.5344.1" W                     
21 deg.1859.9" N                  157 deg.5349.7" W                     
21 deg.1904.9" N                  157 deg.5350.0" W                     
                                                                        

and thence to the point of beginning.
    (d) Sans Souci Beach. The waters of Sans Souci Beach enclosed by a 
line beginning at 21 deg.15'49'' N. latitude, 157 deg.49'31'' W. 
longitude; thence to 21 deg.15'49.2'' N. latitude, 157 deg.49'29'' W. 
longitude; thence to 21 deg.15'56.2'' N. latitude, 157 deg.49'31'' W. 
longitude; thence to 21 deg.15'56'' N. latitude, 157 deg.49'33'' W. 
longitude; thence to the beginning point.
    (e) Iroquois Point Lagoon. The waters of Iroquois Point Lagoon 
enclosed by a line beginning at 21 deg.19'53'' N. latitude, 
157 deg.58'30'' W. longitude; thence to 21 deg.19'56'' N. latitude, 
157 deg.58'31'' W. longitude; thence along the shoreline to the 
beginning point.
    (f) Hickam AFB Marina (1)a. The waters of Hickam AFB Marina enclosed 
by a line beginning at 21 deg.19'13'' N. latitude, 157 deg.57'40'' W. 
longitude; thence to 21 deg.18'45'' N. latitude, 157 deg.57'40'' W. 
longitude; thence to 21 deg.18'45'' N. latitude, 157 deg.57'28.5'' W. 
longitude; thence to 21 deg.19'10'' N. latitude, 157 deg.57'28.5'' W. 
longitude; thence along the shoreline to the beginning point.
    (g) Hickam AFB Marina (2). The waters of Hickam AFB Marina enclosed 
by a line beginning at 21 deg.19'11'' N. latitude, 157 deg.57'10'' W. 
longitude; thence to 21 deg.18'46.2'' N. latitude, 157 deg.57'20'' W. 
longitude; thence to 21 deg.18'46.2'' N. latitude, 157 deg.57'05.2'' W. 
longitude; thence along the shoreline to the beginning point.
    (h) Aiea Bay. The waters of Aiea Bay enclosed by a line beginning at 
21 deg.22'20'' N. latitude, 157 deg.56'30'' W. longitude; thence to 
21 deg.22'27'' N. latitude, 157 deg.56'40.5'' W. longitude; thence to

[[Page 300]]

21 deg.22'30'' N. latitude, 157 deg.56'40.5'' W. longitude; thence to 
21 deg.22'37'' N. latitude, 157 deg.56'22.5'' W. longitude; thence to 
21 deg.22'37'' N. latitude, 157 deg.56'19'' W. longitude; thence along 
the shoreline to the beginning point.

[CGD 76-186, 42 FR 62001, Dec. 8, 1977, as amended at 43 FR 21881, May 
22, 1978; CGD14-90-01, 56 FR 13762, Apr. 4, 1991]



Sec. 110.129a   Apra Harbor, Guam. (Datum: WGS 84)

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

------------------------------------------------------------------------
                Latitude                            Longitude           
------------------------------------------------------------------------
13 deg.27'45.5''N......................  144 deg.39'34.8''E             
13 deg.27'32.0''N......................  144 deg.39'36.3''E             
------------------------------------------------------------------------

and thence along the shoreline to the point of beginning.
    (b) The waters bounded by a line connecting the following points:

------------------------------------------------------------------------
                Latitude                            Longitude           
------------------------------------------------------------------------
13 deg.26'53.6''N......................  144 deg.40'03.8''E             
13 deg.27'04.0''N......................  144 deg.40'04.8''E             
13 deg.27'04.0''N......................  144 deg.40'09.8''E             
13 deg.27'10.0''N......................  144 deg.40'09.8''E             
13 deg.27'10.0''N......................  144 deg.40'23.8''E             
13 deg.26'51.0''N......................  144 deg.40'23.8''E             
13 deg.26'51.0''N......................  144 deg.40'06.0''E             
------------------------------------------------------------------------

and thence to the point of beginning.

[CGD14-89-01, 55 FR 27465, July 3, 1990]



                      Subpart B--Anchorage Grounds



Sec. 110.130   Rockland Harbor, Maine.

    (a) The anchorage grounds--(1) Anchorage A. Beginning at a point 
bearing 158 deg., 1,075 yards, from Rockland Breakwater Light; thence 
255 deg., 2,000 yards, to a point bearing 225 deg. from Rockland 
Breakwater Light; thence 345 deg., 700 yards, to a point bearing 
244 deg. from Rockland Breakwater Light; thence 75 deg., 1,200 yards, to 
a point bearing 222 deg. from Rockland Breakwater Light; and thence 
120 deg., 1,000 yards, to the point of beginning.
    (2) Anchorage B. Beginning at a point bearing 273 deg., 400 yards, 
from Rockland Breakwater Light; thence 273 deg., 700 yards, to a point 
bearing 273 deg. from Rockland Breakwater Light; thence 349 deg., 850 
yards, to a point bearing 305 deg. from Rockland Breakwater Light; 
thence 89 deg., 700 yards, to a point bearing 328 deg. from Rockland 
Breakwater Light; and thence 169 deg., 900 yards, to the point of 
beginning.
    (3) Anchorage C. Beginning at a point bearing 244 deg., 1,715 yards, 
from Rockland Breakwater Light; thence 260 deg., 490 yards, to a point 
bearing 248 deg. from Rockland Breakwater Light; thence 350 deg., 580 
yards, to a point bearing 263 deg. from Rockland Breakwater Light; 
thence 83 deg., 480 yards, to a point bearing 263 deg. from Rockland 
Breakwater Light; and thence 169 deg., 550 yards, to the point of 
beginning.
    (b) The regulations. (1) Anchorages A and B are general anchorages 
reserved for merchant vessels over 100 feet in length. Anchorage C is 
reserved for small commercial and pleasure craft.
    (2) A distance of approximately 500 yards shall be left between 
Anchorages A and B for vessels entering or departing from the Port of 
Rockland. Any vessel not anchoring in these areas shall be ready to move 
on short notice when ordered to do so by the Captain of the Port.
    (3) All other vessels within the Rockland Harbor area are prohibited 
from anchoring within 300 yards or operating within 100 feet of any navy 
yard, shipbuilding plant, power plant, oil terminal, marine terminal, 
munitions plant, military or naval arsenal or depot, warehouse, or 
freight pier without permission from the Captain of the Port, Rockland, 
Maine, or his authorized representative.



Sec. 110.131   Kennebec River in vicinity of Bath, Maine.

    (a) The anchorage grounds. Vessels may anchor only within the 
following limits:
    (1) Northward of a line bearing 54 deg. true and extending from a 
point on Passmore's wharf in prolongation with the north side of 
Commerce Street, Bath, Maine, to a point on the shore in Woolwich, 
approximately 1,200 feet north of the Maine Central Railroad wharf.
    (2) Southward of a line drawn from the derrick on the Bath Iron 
Works wharf to Sassanoa Point in Woolwich.
    (b) The regulations. (1) Vessels in the north anchorage shall be so 
anchored as to leave a clear fairway of 150 feet channelward of the 
established harbor lines at Bath, and a clear fairway 200

[[Page 301]]

feet from the east or Woolwich shore, for the passage of steamers, tows, 
rafts, and other watercraft.
    (2) The launching of vessels into the waters between the anchorages 
or the bringing up of such vessels by their anchors will be permitted: 
Provided, That the vessels so launched shall be removed therefrom within 
12 hours from the time of anchorage.



Sec. 110.132  Portland Harbor, Maine.

    (a) The anchorage grounds--(1) Anchorage A (general). Beginning at 
latitude 43 deg.39'37''N, longitude 070 deg.14'35''W; thence 
approximately 090 deg. for 1550 yards to Fort Gorges Island Ledge Buoy 
4; thence 350 deg. for 300 yards; thence 025 deg. for 780 yards; thence 
303 deg. for 750 yards; thence 254 deg. for 560 yards; thence 186 deg. 
for 750 yards and thence to the point of beginning.
    (2) Anchorage B (general--primarily intended for deep draft 
vessels). Beginning at Fort Gorges Island Ledge Buoy 4; thence 062 deg. 
to Little Diamond Island; thence along the southwestern shore to the 
pier on the southern end of Little Diamond Island; 133 deg. for 1200 
yards; 270 deg. to House Island Light; thence along the western shore of 
House Island to Fort Scammel Point Light; thence 325 deg. for 1700 yards 
to the point of beginning.
    (3) Anchorage C. Bounded on the northwest by House Island; on the 
north by a line running 90 deg. from House Island Light to Peak Island; 
on the east by the western shore of Peak Island, by a line running 
198 deg. from the westernmost point on Peak Island to Cushing Island, 
and by the shore of Cushing Island to its westernmost point; and on the 
southwest by a line running from the westernmost point on Cushing Island 
to Fort Scammel Point Light.
    (b) The regulations. (1) Anchorage B is intended for general 
purposes, but especially for use by oil tankers and other large deep-
draft ships entering harbor at night and intending to proceed to the 
dock allotted at daylight the following morning or as soon as 
practicable. This area is also to be used for quarantine anchorage. 
Vessels must be so anchored in this area as to leave at all times an 
open usable channel at least 100 feet wide for passage of ferry and 
other boats between Portland, Peak Island, and Bay Points. Any vessels 
anchored in this area shall be ready to move on short notice when 
ordered to do so by the Captain of the Port.
    (2) Anchorage C is intended for use only by small vessels and for 
temporary anchorage.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 83-1R, 48 FR 
56578, Dec. 22, 1983]



Sec. 110.133  Lake Champlain, NY and VT.

    (a) Burlington Harbor, Vt. (1) The waters bounded by a line 
connecting the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
44 deg.28'26.9'' N                73 deg.13'31.9'' W                    
44 deg.28'26.4'' N                73 deg.13'25.6'' W                    
44 deg.28'22.0'' N                73 deg.13'24.6'' W                    
44 deg.28'12.0'' N                73 deg.13'32.5'' W                    
                                                                        

and thence along the breakwater to the point of the beginning. These 
positions have been converted to North American Datum 83.
    (2) No vessel greater than 35 feet in length may use this anchorage 
and no vessel may remain at anchor longer than 7 days in any period 
unless specifically permitted to do so by the City of Burlington, 
Harbormaster.
    (b) [Reserved]

[CGD1-90-064, 56 FR 12120, Mar. 22, 1991]



Sec. 110.134   Boston Harbor, Mass.

    (a) The anchorage grounds--(1) Bird Island Anchorage. Beginning at a 
point bearing 93 deg., 1,400 yards, from the aerial beacon on top of the 
Boston Custom House tower; thence to a point bearing 81 deg., 1,600 
yards, from the aerial beacon on top of the Boston Custom House tower; 
thence to a point bearing 102 deg., 3,100 yards, from the aerial beacon 
on top of the Boston Custom House tower; thence to a point bearing 
109 deg., 3,050 yards, from the aerial beacon on top of the Boston 
Custom House tower; and thence to the point of beginning.
    (2) President Roads Anchorage--(i) 40-foot anchorage. Beginning at a 
point bearing 237 deg., 522 yards from Deer Island Light; thence to a 
point bearing 254 deg., 2,280 yards from Deer Island Light; thence to a 
point bearing 261 deg., 2,290 yards from Deer Island Light; thence to a 
point bearing 278 deg., 2,438 yards from

[[Page 302]]

Deer Island Light; thence to a point bearing 319 deg., 933 yards from 
Deer Island Light; thence to a point bearing 319 deg., 666 yards from 
Deer Island Light; and thence to point of beginning.
    (ii) 35-foot anchorage. Beginning at a point bearing 256 deg., 2,603 
yards from Deer Island Light; thence to a point bearing 258 deg.30', 
3,315 yards from Deer Island Light; thence to a point bearing 264 deg., 
3,967 yards from Deer Island Light; thence to a point bearing 261 deg., 
2,290 yards from Deer Island Light; and thence to point of beginning.
    (3) Long Island Anchorage. East of Long Island, bounded as follows: 
Beginning at the southwesternmost point of Gallups Island; thence 
270 deg. to Long Island; thence southerly along the eastern shore line 
of Long Island to Bass Point; thence to the northernmost point of 
Rainsford Island; thence to Georges Island Gong Buoy 6; and thence to 
the point of beginning.
    (4) Castle Island Anchorage. Bounded on the north by Castle Island 
and adjacent land; on the east by a line between Castle Rocks Fog Signal 
Light and Old Harbor Shoal Buoy 2; on the southeast by a line between 
Old Harbor Shoal Buoy 2 and Old Harbor Buoy 4; and on the west by a line 
running due north from Old Harbor Buoy 4 to the shore line at City 
Point.
    (5) Explosives anchorage. In the lower harbor, bounded on the 
northeast by a line between the northeast end of Peddocks Island and the 
northeast end of Rainsford Island; on the northwest by Rainsford Island; 
on the southwest by a line between the western extremity of Rainsford 
Island and the westernmost point of Peddocks Island; and on the 
southeast by Peddocks Island.
    (b) The regulations. (1) The Captain of the Port may authorize the 
use of the President Roads Anchorage as an explosives anchorage when he 
finds that the interests of commerce will be promoted and that safety 
will not be prejudiced thereby. Vessels anchored in this area shall move 
promptly upon notification by the Captain of the Port.
    (2) In the Long Island Anchorage vessels shall anchor in the 
position designated by the Captain of the Port.
    (3) Floats or buoys for marking anchors or moorings in place will be 
allowed in all areas. Fixed mooring piles or stakes are prohibited.



Sec. 110.140   Buzzards Bay, Nantucket Sound, and adjacent waters, Mass.

    (a) New Bedford Outer Harbor--(1) Anchorage A. West of Sconticut 
Neck, and shoreward of a line described as follows: Beginning at a point 
100 yards southwest of Fort Phoenix Point; thence 154 deg. along a line 
which passes 100 yards east of New Bedford Channel Buoys 8, 6, and 4, to 
a point bearing approximately 130 deg., 225 yards, from New Bedford 
Channel Buoy 4; thence 87 deg., 340 yards; thence 156 deg. along a line 
approximately one mile to its intersection with a line ranging 87 deg. 
from the cupola on Clarks Point; thence 87 deg. to Sconticut Neck.
    (2) Anchorage B. Southeast of a line ranging 222 deg. from the 
southwest corner of Fort Phoenix to the New Bedford shore; west of a 
line ranging 154 deg. from Palmer Island Light to Butler Flats Light; 
and north of a line bearing 267 deg. from Butler Flats Light to the 
shore.
    (b) Buzzards Bay near entrance to approach channel to Cape Cod 
Canal--(1) Anchorage C. West of a line parallel to and 850 feet westward 
from the centerline of Cleveland Ledge Channel; north of a line bearing 
129 deg. from the tower on Bird Island; east of a line bearing 
25 deg.30' and passing through Bird Island Reef Bell Buoy 13; and south 
of a line bearing 270 deg. from Wings Neck Light. Each vessel must 
obtain permission to proceed to Anchorage C from the U.S. Army Corps of 
Engineers Cape Cod Canal Control traffic controller.
    (2) Anchorage D. Beginning at a point bearing 185 deg., 1,200 yards, 
from Hog Island Channel 4 Light; thence 129 deg. to a point bearing 
209 deg., approximately 733 yards, from Wings Neck Light; thence 
209 deg. to Southwest Ledge Buoy 10; thence 199 deg. along a line to its 
intersection with a line bearing 129 deg. from the tower on Bird Island; 
thence 309 deg. to a point 850 feet easterly, right angle distance, from 
the centerline of Cleveland Ledge Channel; thence northeasterly along a 
line parallel to and 850 feet eastward from the centerline of Cleveland 
Ledge Channel to its intersection with a line bearing 218 deg. 30' from 
the point of beginning; thence 38 deg.30' to the point of beginning. 
Each vessel must

[[Page 303]]

obtain permission to proceed to Anchorage D from the U.S. Army Corps of 
Engineers Cape Cod Canal Control traffic controller.
    (3) Anchorage L--(East side is preferred). The waters bounded by a 
line connecting the following points: 41-34-44N/70-42-42W to 41-35-16N/
70-43-23W to 41-33-22N/70-46-02W to 41-32-50N/70-45-22W and thence to 
the beginning.
    (4) Anchorage M--(west side). The waters bounded by a line 
connecting the following points: 41-35-35N/70-44-47W to 41-36-24N/70-45-
53W to 41-35-00N/70-47-53W to 41-34-12N/70-46-47W and thence to the 
beginning
    (5) Each vessel that anchors in these anchorages must notify the 
U.S. Army Corps of Engineers Cape Cod Canal Control traffic controller 
when it anchors, and provide the vessel's name, length, draft, cargo, 
and its position.
    (6) Each vessel anchored in these anchorages must notify U.S. Army 
Corps of Engineers Cape Cod Canal Control traffic controller when it 
weighs anchor.
    (7) No vessel may anchor unless it maintains a bridge watch, guards 
and answers Channel 16 FM, and maintains an accurate position plot.
    (8) No vessel may anchor unless it maintains the capability to get 
underway within 30 minutes; except with prior approval of the Coast 
Guard Captain of the Port Providence.
    (9) No vessel may anchor in a ``dead ship'' status (propulsion or 
control unavailable for normal operations) without the prior approval of 
the Coast Guard Captain of the Port Providence.
    (10) No vessel may conduct lightering operations within these 
anchorages.
    (c) Vineyard and Nantucket Sounds--(1) Anchorage E. South of a line 
beginning at a point bearing 180 deg. about 3.25 miles from Cuttyhunk 
Light; thence 65 deg. to a point bearing 180 deg., 0.625 mile from 
Nashawena Lighted Whistle Buoy; thence 57 deg.30' passing 600 yards 
northerly of Middle Ground Lighted Bell Buoy 25A, to a point bearing 
145 deg., 1.25 miles from Nobska Point Light; southwest of a line 
ranging 113 deg. through West Chop Buoy 25 to East Chop Flats Bell Buoy 
23; and west of a line bearing 163 deg. between East Chop Flats Bell 
Buoy 23 and Lone Rock Buoy 1; and northerly of a line bearing 269 deg. 
between Lone Rock Buoy 1 and a point on the mainland at Oak Bluffs about 
0.30 mile southerly of Oak Bluffs Wharf.
    (2) Anchorage F. Southeast of the Elizabeth Islands, north of a line 
ranging 97 deg.30' from Cuttyhunk Light toward Nashawena Lighted Whistle 
Buoy to a point 0.375 mile from that buoy; northwest of a line bearing 
57 deg.30' from the last-named point to a point opposite the entrance to 
Woods Hole; and southwest of a line from the shore of Nonamesset Island 
bearing 114 deg. and ranging through West Chop Light and East Chop 
Light.
    (3) Anchorage G. South of a line beginning at a point on the 
mainland at Oak Bluffs about 0.30 mile southerly of Oak Bluffs Wharf 
bearing 89 deg. to Lone Rock Buoy 1; thence 113 deg. from Lone Rock Buoy 
1 to Outer Flats Bell Buoy 17; thence 86 deg. to Cross Rip Lightship; 
thence 118 deg.30' to Tuckernuck Shoal Bell Buoy 7; thence ranging 
149 deg. toward Brant Point Light to the breakwater at Brant Point.
    (4) Anchorage H. In the vicinity of Squash Meadow shoal, east of a 
line ranging 163 deg. through Squash Meadow West End Buoy 21; north of 
lines parallel to and 0.5 mile northerly from lines joining Lone Rock 
Buoy 1, Outer Flats Bell Buoy 17, and Cross Rip Lightship; and south of 
a line ranging 97 deg. from East Chop Light toward Cross Rip Lightship.
    (5) Anchorage I. Northerly of a line ranging 109 deg. from Nobska 
Point Light toward Hedge Fence Lighted Horn and Gong Buoy 16, and of a 
line ranging 97 deg.30' through Hedge Fence East End Buoy to Halfmoon 
Shoal Lighted Bell Buoy 12, thence 73 deg. to Handkerchief Shoal Buoy 
16, and thence to the westernmost point of Monomoy Island.
    (6) Anchorage J. East of a line bearing 329 deg., parallel to and 
0.875 mile northeasterly of a line running from Brant Point Light 
through Tuckernuck Shoal Bell Buoy 7, from Coatue Beach to a point 1.25 
miles southeasterly from a line between Halfmoon Shoal Lighted Bell Buoy 
12 and Handkerchief Shoal Buoy 16; thence 73 deg., parallel to and 1.25 
miles southeasterly from a line running from Halfmoon Shoal Lighted Bell 
Buoy 12 through Handkerchief Shoal Buoy 16, to a point bearing 215 deg. 
from Stone Horse North End Lighted Bell

[[Page 304]]

Buoy 9; thence 35 deg. to Stone Horse North End Lighted Bell Buoy 9; 
thence 70 deg. to a point bearing 207 deg. from Pollock Rip Lightship; 
and thence 27 deg. through, and to a point 5.0 miles northeasterly from, 
Pollock Rip Lightship.
    (7) Anchorage K. North of a line tangent to the southeasterly edge 
of Monomoy Point and extending to Bearse Shoal North End Buoy 2A and 
west of a line bearing 7 deg. from Bearse Shoal North End Buoy 2A to 
Chatham Bar Buoy 2.
    (d) The regulations. (1) Floats or buoys for marking anchors or 
moorings in place will be allowed in all areas. Fixed mooring piles or 
stakes are prohibited.
    (2) Except in cases of great emergency, no vessels shall be anchored 
in New Bedford Outer Harbor, Buzzards Bay near the entrance to the 
approach channel to Cape Cod Canal, or Vineyard and Nantucket Sounds, 
outside of the anchorage areas defined in paragraphs (a) to (c) of this 
section.
    (3) Anchors must not be placed outside the anchorage areas, nor 
shall any vessel be so anchored that any portion of the hull or rigging 
will at any time extend outside the boundaries of the anchorage area.
    (4) Any vessel anchoring under the circumstances of great emergency 
outside any anchorage area must be placed near the edge of the channel 
and in such position as not to interfere with the free navigation of the 
channel, nor obstruct the approach to any pier nor impede the movement 
of any boat, and shall move away immediately after the emergency ceases 
or upon notification by an officer of the Coast Guard.
    (5) A vessel upon being notified to move into the anchorage limits 
or to shift its position in anchorage grounds must get under way at once 
or signal for a tug, and must change position as directed with 
reasonable promptness.
    (6) Whenever the maritime or commercial interests of the United 
States so require, any officer of the Coast Guard is hereby empowered to 
shift the position of any vessel anchored within the anchorage areas, of 
any vessel anchored outside the anchorage areas, and of any vessel which 
is so moored or anchored as to impede or obstruct vessel movements in 
any channel.
    (7) Nothing in this section shall be construed as relieving the 
owner or person in charge of any vessel from the penalties of the law 
for obstructing navigation or for obstructing or interfering with range 
lights, or for not complying with the navigation laws in regard to 
lights, fog signals, or for otherwise violating the law.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD1 90-125, 56 
FR 22644, May 16, 1991; 56 FR 40360, Aug. 14, 1991]



Sec. 110.142   Nantucket Harbor, Mass.

    (a) The anchorage grounds. In the Nantucket Harbor, beginning at a 
point 210 yards, 90 deg., from Brant Point Light; thence easterly to 
latitude 41 deg.17'23'', longitude 70 deg.05'14.5''; thence southerly to 
latitude 41 deg.17'03'', longitude 70 deg.05'14.5''; thence 
southwesterly to latitude 41 deg.16'54'', longitude 70 deg.05'23''; 
thence northwesterly to latitude 41 deg.16'55'', longitude 
70 deg.05'31''; thence northeasterly to latitude 41 deg.17'07.5'', 
longitude 70 deg.05'27''; thence northeasterly to the point of 
beginning.
    (b) The regulations. The anchorage is for the use of commercial and 
pleasure craft. Temporary floats or buoys for marking anchors or 
moorings in place will be allowed. Fixed mooring piles or stakes are 
prohibited. The anchoring of vessels including the placing of anchors 
and moorings is subject to the supervision and approval of the local 
harbor master.



Sec. 110.145   Narragansett Bay, R.I.

    (a) East Passage--(1) Anchorage A. East of Conanicut Island, 
beginning at the easterly extremity of the Dumplings; extending 9 deg. 
to a point at latitude 41 deg.29'28'', longitude 71 deg.21'05.5''; 
thence 356 deg. for 5,350 feet; thence 24 deg. for 5,700 feet; thence 
12 deg. for 1,100 feet; thence 311 deg.30' for 2,300 feet; thence 
351 deg. for 5,350 feet; thence 270 deg. for 3,200 feet to the easterly 
side of Conanicut Island; thence generally along the easterly side of 
the island to a point on the easterly side of the island due west of the 
Dumplings; and thence due east to the point of beginning; excluding the 
approach of the Jamestown Ferry, a zone 900 feet wide to the southward 
of a line ranging 103 deg. from a point, 300 feet north of the existing 
ferry landing

[[Page 305]]

toward the spire of Trinity Church, Newport.
    (i) That portion of the area to the northward of the approach of the 
Jamestown Ferry shall be restricted for the anchorage of vessels of the 
U.S. Navy. In that portion of the area to the southward of the approach 
of the Jamestown Ferry, the requirements of the Navy shall predominate.
    (ii) Temporary floats or buoys for marking anchors or moorings in 
place shall be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (2) Anchorage B. Off the west shore of Aquidneck Island to north of 
Coggeshall Point, northerly of a line ranging 075 deg. from a point on 
the easterly end of Gould Island, latitude 41 deg.32'13'', longitude 
71 deg.20'40.5'', toward the shore of Aquidneck Island; east of a line 
ranging 019 deg. from the easternmost of the Dumplings to latitude 
41 deg.36'16'', longitude 71 deg.17'48''; thence northeast to latitude 
41 deg.36'53'', longitude 71 deg.17'07.5''; thence east to latitude 
41 deg.36'53'', longitude 71 deg.16'40''; thence southwesterly to 
latitude 41 deg.35'54'', longitude 71 deg.17'17.5''; thence 
southeasterly to the shore at the easterly end of the north boundary of 
the cable area in the vicinity of Coggeshall Point; excluding the cable 
area in the vicinity of Coggeshall Point.
    (i) Anchorage B-1. Off the southerly end of Prudence Island 
beginning at a point at latitude 41 deg.34'08.9'', longitude 
71 deg.19'25.8''; thence 19 deg. for 1,900 feet; thence 289 deg. for 
1,900 feet; thence 199 deg. for 1,900 feet; thence 109 deg. for 1,900 
feet to the point of beginning.
    (a) In this area the requirements of the Navy shall predominate.
    (b) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (ii) Anchorage X-1, Naval explosives and ammunition handling 
anchorage. The waters of Narragansett Bay northeasterly of Gould Island 
within a circle having a radius of 500 yards with its center at latitude 
41 deg.33'18'', longitude 71 deg.20'03''.
    (a) This area will be used for anchoring naval vessels carrying or 
transferring ammunition or explosives under standard military 
restrictions as established by the Safety Manual, Armed Services 
Explosive Board. Explosives or dangerous materials include inflammable 
liquid or inflammable solids, oxidizing materials, corrosive liquids, 
compressed gases and poisonous substances.
    (b) No vessel shall anchor within 500 yards of the explosive 
anchorage area when occupied by vessels carrying explosives.
    (c) No more than 2,000 tons Net High Explosives limit will be 
handled in the anchorage area.
    (d) No vessel shall be so anchored in the anchorage that it will at 
any time extend beyond the limits of the area.
    (e) Naval vessels anchoring in the area will display the proper 
signals, and will be under the supervision of the Commander, U.S. Naval 
Base, Newport, Rhode Island.
    (3) Anchorage C.
    (i) [Reserved]
    (ii) West of Coasters Harbor Island, west of a line bearing 351 deg. 
from Tracey Ledge Buoy 5 through Seventeen-foot Spot Buoy northeast of 
Gull Rocks; south of a line bearing 292 deg. from the cupola at the 
Naval War College; east of a line ranging 19 deg. from the easternmost 
of The Dumplings toward Dyer Island North Point Shoal Lighted Bell Buoy 
12A; and north of latitude 41 deg.30'22'' which parallel passes through 
a point 230 yards north of Rose Island Shoal Northeast End Buoy 8.
    (iii) In this area the requirements of the Navy shall predominate.
    (iv) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (4) Anchorage D. West of Goat Island, south of a line bearing 
247 deg. from Newport Harbor Light; east of a line bearing 176 deg.30' 
from the northwesterly end of Rose Island; north of a line bearing 
117 deg. from the northerly end of the ferry slip at Jamestown to 
longitude 71 deg.20' and west of a line running north and south along 
longitude 71 deg.20'.
    (i) In this area the requirements of the Navy shall predominate from 
May 1 to October 1, subject at all times to such adjustments as may be 
necessary

[[Page 306]]

to accommodate all classes of vessels which may require anchorage room.
    (ii) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (5) Anchorage E. South of Coasters Harbor Island, east of a line 
bearing 341 deg. from the outer end of Briggs Wharf to the southwestern 
shore of Coasters Harbor Island near the War College Building; and north 
of a line ranging 265 deg. from the flagstaff at Fort Greene toward Rose 
Island Light.
    (i) In this area the requirements of the naval service will 
predominate from May 1 to October 1, but will at all times be subject to 
such adjustment as may be necessary to accommodate all classes of 
vessels that may require anchorage room.
    (ii) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (b) West Passage--(1) Anchorage H. North of a line 1,000 yards long 
bearing 88 deg. from Bonnet Point; west of a line bearing 3 deg. from 
the eastern end of the last-described line; and south of a line ranging 
302 deg. through a point 200 yards south of the Kearny wharf toward the 
church spire at South Ferry, Boston Neck.
    (i) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (2) Anchorage I. North of a line 1,000 yards long bearing 88 deg. 
from Bonnet Point to the shore at Austin Hollow; east of a line bearing 
183 deg. from Dutch Island Light; and south of a line ranging 302 deg. 
through a point 200 yards south of the Kearny wharf toward the church 
spire at South Ferry, Boston Neck.
    (i) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (3) Anchorage J. At Saunderstown, south of a line ranging 110 deg. 
from the south side of the ferry wharf toward the cable crossing sign on 
Dutch Island; west of a line ranging 192 deg. from Plum Beach Shoal Buoy 
1 PB toward the east shore of The Bonnet; and north of a line from the 
shore ranging 108 deg. toward Dutch Island Light and the north end of 
the wharf at Beaver Head.
    (i) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (4) Anchorage K. In the central and southern portion of Dutch Island 
Harbor, north of a line ranging 106 deg. from Beaver Head Point Shoal 
Buoy 2 toward the Jamestown standpipe; east of a line ranging 14 deg. 
from Beaver Head Point Shoal Buoy 2 toward the inshore end of the 
engineer wharf, Dutch Island; southeast of a line ranging 50 deg. from 
Dutch Island Light toward the windmill north of Jamestown; and south of 
a line parallel to and 100 yards southwesterly from a line ranging 
132 deg. from the engineer wharf, Dutch Island, and the west ferry 
wharf, Jamestown.
    (i) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (5) Anchorage L. North of a line ranging 101 deg. from a point on 
shore 300 yards northerly of the Saunderstown ferry wharf toward the 
entrance to Round Swamp, Conanicut Island; west of a line bearing 
15 deg. parallel to and 1,000 feet westerly from a line joining the 
western point of Dutch Island and Twenty-three Foot Rock Buoy 4, and a 
line ranging 6 deg. from Dutch Island Light toward Warwick Light; and 
south of a line ranging 290 deg. from Sand Point, Conanicut Island, to 
Wickford Harbor Light, and a line bearing 226 deg. from Wickford Harbor 
Light to Poplar Point tower.
    (i) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (6) Anchorage M. East and north of Dutch Island, northeast of a line 
ranging 316 deg. from the inshore end of the west ferry wharf, 
Jamestown, toward the north end of Dutch Island to a point bearing 
88 deg., 200 yards, from the engineer wharf, Dutch Island, thence 
ranging 3 deg. toward the shore of

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Conanicut Island at Slocum Ledge; north of a line 200 yards off the 
Dutch Island shore ranging 281 deg. from the entrance to Round Swamp 
toward a point on shore 300 yards northerly from the Saunderstown ferry 
wharf; east of a line ranging 15 deg. from the western point of Dutch 
Island to Twenty-three Foot Rock Buoy 4; and south of a line bearing 
77 deg. from Twenty-three Foot Rock Buoy 4 to the shore.
    (i) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (7) Anchorage N. West of the north end of Conanicut Island, south of 
a line bearing 262 deg. from Conanicut Island Light; east of a line 
bearing 8 deg. from Twenty-three Foot Rock Buoy 4; and north of a line 
ranging 290 deg. from Sand Point toward Wickford Harbor Light.
    (i) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (c) Bristol Harbor--(1) Anchorage O. South of the south line of 
Franklin Street extended westerly; west of a line bearing 164 deg.30' 
parallel to and 400 feet westerly from the State harbor line between 
Franklin and Constitution Streets, and of a line ranging 244 deg. from a 
point on the north line of Constitution Street extended 400 feet beyond 
the State harbor line toward Usher Rock Buoy 3; and north of the north 
line of Union Street extended to the Popasquash Neck shore.
    (i) Temporary floats or buoys for marking anchors or moorings in 
place will be allowed in this area. Fixed mooring piles or stakes will 
not be allowed.
    (d) The regulations. (1) Except in cases of great emergency, no 
vessel shall be anchored in the entrances to Narragansett Bay, in 
Newport Harbor, or in Bristol Harbor, outside of the anchorage areas 
defined in paragraphs (a), (b) and (c) of this section.
    (2) Anchors must not be placed outside the anchorage areas, nor 
shall any vessel be so anchored that any portion of the hull or rigging 
shall at any time extend outside the boundaries of the anchorage area.
    (3) Any vessel anchoring under the circumstances of great emergency 
outside the anchorage areas must be placed near the edge of the channel 
and in such position as not to interfere with the free navigation of the 
channel, nor obstruct the approach to any pier, nor impede the movement 
of any boat, and shall move away immediately after the emergency ceases, 
or upon notification by an officer of the Coast Guard.
    (4) A vessel upon being notified to move into the anchorage limits 
or to shift its position on anchorage grounds must get under way at once 
or signal for a tug, and must change position as directed with 
reasonable promptness.
    (5) Whenever the maritime or commercial interests of the United 
States so require, any officer of the Coast Guard is hereby empowered to 
shift the position of any vessel anchored within the anchorage areas, of 
any vessel anchored outside the anchorage areas, and of any vessel which 
is so moored or anchored as to impede or obstruct vessel movements in 
any channel.
    (6) Nothing in this section shall be construed as relieving the 
owner or person in charge of any vessel from the penalties of the law 
for obstructing navigation or for obstructing or interfering with range 
lights, or for not complying with the navigation laws in regard to 
lights, fog signals, or for otherwise violating the law.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967]

    Editorial Note: For Federal Register citations affecting 
Sec. 110.145, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 110.147  New London Harbor, Conn.

    (a) The anchorage grounds--(1) Anchorage A. In the Thames River east 
of Shaw Cove, bounded by lines connecting points which are the following 
bearings and distances from Monument, Groton (latitude 41 deg.21'18'' 
N., longitude 72 deg.04'48'' W.): 243 deg., 1,400 yards; 246 deg., 925 
yards; 217 deg., 1,380 yards; and 235 deg., 1,450 yards.
    (2) Anchorage B. In the Thames River southward of New London, 
bounded by lines connecting points which are the following bearings and 
distances from New London Harbor Light (latitude 41 deg.18'59'' N., 
longitude 72 deg.05'25'' W.): 002 deg.,

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2,460 yards; 009 deg., 2,480 yards; 026 deg., 1,175 yards; and 008 deg., 
1,075 yards.
    (3) Anchorage C. In the Thames River southward of New London Harbor, 
bounded by lines connecting a point bearing 100 deg., 450 yards from New 
London Harbor Light, a point bearing 270 deg., 575 yards from New London 
Ledge Light (latitude 41 deg.18'21'' N., longitude 72 deg.04'41'' W.), 
and a point bearing 270 deg., 1,450 yards from New London Ledge Light.
    (4) Anchorage D. In Long Island Sound approximately two miles west-
southwest of New London Ledge Light, bounded by lines connecting points 
which are the following bearings and distances from New London Ledge 
Light: 246 deg., 2.6 miles; 247 deg., 2.1 miles; 233 deg., 2.1 miles; 
and 235 deg., 2.6 miles.
    (5) Anchorage E. The waters at the mouth of New London Harbor one 
mile southeast of New London Ledge Light beginning at latitude 
41 deg.17'26'' N., longitude 72 deg.04'21'' W.; thence northeasterly to 
latitude 41 deg.17'38'' N., longitude 72 deg.03'54'' W.; thence 
southeasterly to latitude 41 deg.16'50'' N., longitude 72 deg.03'16'' 
W.; and thence southwesterly to latitude 41 deg.16'38'' N. longitude 
72 deg.03'43'' W.; and thence northwesterly to the point of beginning.
    (6) Anchorage F. The waters off the mouth of New London Harbor two 
miles southeast of New London Ledge Light beginning at latitude 
41 deg.16'00'' N., longitude 72 deg.03'13'' W.; thence westerly to 
latitude 41 deg.16'00'' N., longitude 72 deg.03'38'' W.; thence 
northerly to latitude 41 deg.16'35'' N., longitude 72 deg.03'38'' W.; 
thence easterly to latitude 41 deg.16'35'' N., longitude 72 deg.03'13'' 
W.; and thence southerly to the point of beginning.
    (b) The regulations--(1) Anchorage A is for barges and small vessels 
drawing less than 12 feet.
    (2) Anchorage F is reserved for the use of naval vessels and, except 
in cases of emergency, no other vessel may anchor in Anchorage F without 
permission from the Captain of the Port, New London, CT.
    (3) Except in emergencies, vessels shall not anchor in New London 
Harbor or the approaches thereto outside the anchorages defined in 
paragraph (a) of this section unless authorized to do so by the Captain 
of the Port.

[CGD3-80-4A, 46 FR 48193, Oct. 1, 1981, as amended by CGD3 85-56, 51 FR 
32318, Sept. 11, 1986]



Sec. 110.148   Johnsons River at Bridgeport, Conn.

    (a) The anchorage grounds. In Johnsons River, beginning at a point 
``A'' latitude 41 deg.10'12.3'', longitude 73 deg.09'50.2''; thence 
westerly to a point ``B'' latitude 41 deg.10'12.3'', longitude 
73 deg.09'52.1''; thence southwesterly to point ``C'' latitude 
41 deg.10'10'', longitude 73 deg.09'54.9''; thence south southwesterly 
to point ``D'' latitude 41 deg.10'05'', longitude 73 deg.09'56.1''; 
thence southeasterly to point ``E'' latitude 41 deg.10'04'', longitude 
73 deg.09'55.9''; thence northeasterly to point ``F'' latitude 
41 deg.10'05'', longitude 73 deg.09'54.5''; thence northerly to point 
``G'' latitude 41 deg.10'05.8'', longitude 73 deg.09'54.5''; thence 
northeasterly to the point of beginning.
    (b) The regulations. The anchorage is for use by commercial and 
pleasure craft. Temporary floats or buoys for marking anchors or 
moorings will be allowed. The anchoring of vessels and placing of 
temporary anchors or mooring piles are under the jurisdiction of the 
local harbor master. Fixed mooring piles or stakes will not be allowed.



Sec. 110.150   Block Island Sound, N.Y.

    (a) The anchorage ground. A \3/4\- by 2-mile rectangular area 
approximately 3 miles east-northeast of Gardiners Island with the 
following coordinates: latitude 41 deg.06'12'' N., longitude 
72 deg.00'05'' W., latitude 41 deg.07'40'' N., longitude 72 deg.01'54'' 
W.; latitude 41 deg.08'12'' N., longitude 72 deg.01'10'' W.; latitude 
41 deg.06'46'' N., longitude 71 deg.59'18'' W.
    (b) The regulations. This anchorage ground is for use of U.S. Navy 
submarines. No vessel or person may approach or remain within 500 yards 
of a U.S. Navy submarine anchored in this anchorage ground.

[CGFR 70-114A, 36 FR 5604, Mar. 25, 1971]



Sec. 110.155   Port of New York.

    (a) Long Island Sound--(1) Anchorage No. 1. Southwest of a line 
between Neptune Island and Glen Island ranging

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from Aunt Phebe Rock Light and tangent to the north edge of Glen Island; 
southwest of a line tangent to the northeast edge of Glen Island and 
Goose Island breakwater; southwest of a line bearing southeasterly from 
the southwest end of Goose Island breakwater and on range with the south 
gable of the Casino on the northeast end of Glen Island; west of a line 
ranging from the east edge of Goose Island breakwater to the west edge 
of the north end of Hart Island; west of Hart Island; and northwest of a 
line extending from Hart Island Light to Locust Point; excluding from 
this area, however, (i) the waters northeast of a line ranging 303 deg. 
from the southwest end of Hart Island; northwest of a line ranging from 
the water tank at the north end of Davids Island 207 deg.40' to the 
northwest end of City Island; and south of latitude 40 deg.52'12''; and 
(ii) the waters west of Hunter Island; and south of a line ranging from 
the most southerly end of Glen Island tangent to the most northerly end 
of Hunter Island.
    (i) Boats shall not anchor in this area in buoyed channels.
    (ii) Boats shall be so anchored as to leave at all times an open, 
usable channel, at least 50 feet wide, west and south of Glen Island.

    Note: Special anchorage areas in this anchorage are described in 
Sec. 110.60.

    (2) Anchorage No. 1-A. Southwest of a line ranging from Duck Point, 
Echo Bay, through Bailey Rock Lighted Buoy 3 BR; northwest of a line 
ranging from Hicks Ledge Buoy 2H to Old Tom Head Rocks Buoy 4; and north 
of a line ranging from Old Tom Head Rocks Buoy 4 to the southernmost 
point of Davenport Neck.

    Note: The special anchorage area in this anchorage is described in 
Sec. 110.60(b-1).

    (3) Anchorage No. 1-B. West of a line ranging from the point on the 
southwest side of the entrance to Horseshoe Harbor, Larchmont, to Hicks 
Ledge Buoy 2H; north of a line ranging from Hicks Ledge Buoy 2H to Duck 
Point; and in Echo Bay north and west of the channel.

    Note: The special anchorage area in this anchorage is described in 
Sec. 110.60(b-1).

    (4) Anchorage No. 2. West of a line from Locust Point tangent to the 
northeasterly sea wall at Throgs Neck.

    Note: Special anchorage areas in this anchorage are described in 
Sec. 110.60.

    (5) Anchorage No. 3. Northeast of a line from the south side of 
Barker Point to Gangway Rock Bell Buoy 27; southeast of a line from 
Gangway Rock Bell Buoy 27 to Sands Point Reef Lighted Buoy 25; and 
southwest of a line from Sands Point Reef Lighted Buoy 25 through Sands 
Point Light to Sands Point.
    (6) Anchorage No. 4. Manhassett Bay, excluding the seaplane 
restricted area described in Sec. 207.35; and that portion of Long 
Island Sound northeast of a line ranging from Stepping Stones Light 
through Elm Point Buoy 2 to Elm Point; southeast of a line ranging from 
Stepping Stones Light to Gangway Rock Bell Buoy 27; and southwest of 
Anchorage No. 3.

    Note: Special anchorage areas in this anchorage are described in 
Sec. 110.60.

    (7) Anchorage No. 5. In Little Neck Bay; and east of a line ranging 
from Fort Totten flagpole to Hart Island Light; and south of Anchorage 
No. 4.

    Note: Special anchorage areas in this anchorage are described in 
Sec. 110.60.

    (b) East River--(1) Anchorage No. 6. On Hammond Flats north of a 
line bearing 260 deg. from the head of the pier on Throgs Neck at the 
foot of Pennyfield Avenue to the north tower of Bronx-Whitestone Bridge 
at Old Ferry Point.
    (2) Anchorage No. 7. South of a line from Whitestone Point to the 
outer end of Willets Point Wharf.
    (3) Anchorage No. 8. North of a line bearing 259 deg. between the 
north tower of the Bronx-Whitestone Bridge at Old Ferry Point and a 
point at latitude 40 deg.47'57'', longitude 73 deg.52'16''; thence east 
of a line bearing 0 deg. to latitude 40 deg.48'06''; thence southeast of 
a line parallel to the bulkhead extending northeasterly to latitude 
40 deg.48'20''; thence north of a line bearing 296 deg. to shore.
    (4) Anchorage No. 9. East of a line from College Point Reef Light 
tangent to the west side of College Point; and south of a line from 
College Point Reef Light to Whitestone Point.

[[Page 310]]

    (5) Anchorage No. 10. An area in Flushing Bay, beginning at a point 
on shore at La Guardia Airport at latitude 40 deg.46'49'', longitude 
73 deg.52'21''; thence to latitude 40 deg.47'20'', longitude 
73 deg.51'55''; and thence to a point on shore at College Point at 
latitude 40 deg.47'38'', longitude 73 deg.51'15''; and an area on the 
west side of Bowery Bay, beginning at a point on shore at latitude 
40 deg.46'58'', longitude 73 deg.53'46''; thence to latitude 
40 deg.47'03'', longitude 73 deg.53'39''; thence to latitude 
40 deg.47'00'', longitude 73 deg.53'31''; thence to latitude 
40 deg.46'55'', longitude 73 deg.53'32''; and thence to a point on shore 
at latitude 40 deg.46'49'', longitude 73 deg.53'39''.

    Note: Special anchorage areas in this anchorage are described in 
Sec. 110.60.

    (6) Anchorage No. 11. An area in East River beginning at a point on 
a pierhead at latitude 40 deg.47'55'', longitude 73 deg.53'19.5''; 
thence to latitude 40 deg.47'40'', longitude 73 deg.51'58''; and thence 
to a point on shore at latitude 40 deg.47'16'', longitude 
73 deg.52'15''.
    (7) [Reserved]
    (8) Anchorage No. 14. In Hallets Cove, east of a line from a point 
on shore 100 feet west of the southerly prolongation of 2d Street, 
Astoria, to Gibbs Point.
    (c) Hudson River--(1) Anchorage No. 16. North of a line on a range 
with the north side of the north pier of the Union Dry Dock and Repair 
Company Shipyard, Edgewater, New Jersey; west of a line ranging 25 deg. 
from a point 120 yards east of the east end of said pier to a point (500 
yards from the shore and 915 yards from the Fort Lee flagpole) on a line 
ranging approximately 100 deg.22' from the Fort Lee flagpole toward the 
square chimney on the Medical Center Building at 168th Street, 
Manhattan; and south of said line ranging between the Fort Lee flagpole 
and the square chimney on the Medical Center Building.
    (i) When the use of Anchorage No. 16 is required by naval vessels, 
the vessels anchored therein shall move when the Captain of the Port 
directs them.
    (2) Anchorage No. 17. North of a line bearing 66 deg. from shore to 
a point at latitude 40 deg.51'34'', longitude 73 deg.56'54''; thence 
west of a line bearing 29 deg. to latitude 40 deg.52'27'', longitude 
73 deg.56'16''; thence 20 deg. to latitude 40 deg.54'17'', longitude 
73 deg.55'23''; thence 15 deg. to latitude 40 deg.56'20'', longitude 
73 deg.54'39''; thence south of a line bearing 284 deg. to shore.
    (i) When the use of Anchorage No. 17 is required by naval vessels, 
the vessels anchored therein shall move when the Captain of the Port 
directs them.
    (3) Anchorage No. 18-A. East of lines bearing 8 deg. from the 
northwest corner of the crib icebreaker north of the New York Central 
Railroad Company drawbridge across Spuyten Duyvil Creek (Harlem River) 
to a point 250 yards offshore and on line with the New York Central 
Railroad signal bridge at the foot of West 231st Street, extended, at 
Spuyten Duyvil, Bronx, New York; thence bearing 19 deg. to the 
channelward face of the Mount St. Vincent Dock at the foot of West 261st 
Street, Riverdale, Bronx, New York.
    (i) When the use of Anchorage No. 18-A is required by naval vessels 
the vessels anchored therein shall move when the Captain of the Port 
directs them.
    (4) [Reserved]
    (5) Anchorage No. 19. An area located east of the Weehawken-
Edgewater Channel beginning at a point on the Manhattan shoreline at 
latitude 40 deg.46'47.8'' N., longitude 73 deg.59'22.3'' W.; thence to 
latitude 40 deg.46'59.8'' N., longitude 73 deg.59'52.8'' W.; thence to 
latitude 40 deg.47'42.5'' N., longitude 73 deg.59'18'' W.; thence to 
latitude 40 deg.48'27'' N., longitude 73 deg.58'45.5'' W.; thence to 
latitude 40 deg.49'28'' N., longitude 73 deg.58'06.2'' W.; thence to 
latitude 40 deg.50'15.5'' N., longitude 73 deg.57'18'' W.; thence to 
latitude 40 deg.51'02.3'' N., longitude 73 deg.56'59'' W.; thence to a 
point on the Manhattan shoreline at latitude 40 deg.51'00.8'' N., 
longitude 73 deg.56'51'' W.; thence following the shoreline to the point 
of beginning.
    (i) No vessel may anchor in Anchorage No. 19 without permission from 
the Captain of the Port.
    (ii) Each vessel shall report its position within Anchorage No. 19 
to the Captain of the Port immediately after anchoring.
    (iii) No vessel may conduct lightering operations in Anchorage No. 
19 without permission from the Captain of the Port.
    (iv) When the use of Anchorage No. 19 is required by naval vessels, 
the vessels anchored therein shall move when the Captain of the Port 
directs them.

[[Page 311]]

    (v) No vessel over 800 feet, in length overall, or 40 feet in draft 
may anchor in Anchorage No. 19 unless it notifies the Captain of the 
Port at least 48 hours before it arrives in New York Harbor.
    (d) Upper Bay--(1) Anchorage No. 20-A. That area enclosed by 
coordinates starting at 40 deg.42'02.5'' N., 74 deg.02'25.5'' W.; to 
40 deg.42'06.5'' N., 74 deg.02'19.5'' W.; to 40 deg.42'05.0'' N., 
74 deg.01'58.4'' W.; to 40 deg.41'54.5'' N., 74 deg.01'59.2'' W.; thence 
to 40 deg.41'53.0'' N., 74 deg.02'23.0'' W.
    (i) See 33 CFR 110.155 (d)(6), (d)(16), and (l).
    (2) Anchorage No. 20-B. That area enclosed by coordinates starting 
at 40 deg.41'47.0'' N., 74 deg.02'31.5'' W.; to 40 deg.41'42.0'' N., 
74 deg.01'02.0'' W.; to 40 deg.41'35.3'' N., 74 deg.02'04.2'' W., to 
40 deg.41'29.9'' N., 74 deg.02'07.8'' W.; to 40 deg.41'42.6'' N., 
74 deg.02'32.7'' W.; thence back to 40 deg.41'47.0'' N., 
74 deg.02'31.5'' W.
    (i) See 33 CFR 110.155 (d)(6), (d)(16), and (l).
    (3) Anchorage No. 20-C. That area enclosed by coordinates starting 
at 40 deg.41'42.0'' N., 74 deg.02'43.0'' W.; to 40 deg.41'25.4'' N., 
74 deg.02'10.7'' W.; to 40 deg.41'01.7'' N., 74 deg.02'26.2'' W.; to 
40 deg.41'09.0'' N., 74 deg.02'41.5'' W.; to 40 deg.41'20.0'' N., 
74 deg.02'59.2'' W.; thence back to 40 deg.41'42.0'' N., 
74 deg.02'43.0'' W.
    (i) See 33 CFR 110.155 (d)(6), (d)(16), and (l).
    (4) Anchorage No. 20-D. That area enclosed by coordinates starting 
at 40 deg.41'09.5'' N., 74 deg.02'49.5'' W.; to 40 deg.40'59.2'' N., 
74 deg.02'27.9'' W.; to 40 deg.40'44.5'' N., 74 deg.02'37.5'' W.; to 
40 deg.40'42.7'' N., 74 deg.03'07.6'' W.; thence back to 
40 deg.41'09.5'' N., 74 deg.02'49.5'' W.
    (i) See 33 CFR 110.155 (d)(6), (d)(16), and (l).
    (5) Anchorage No. 20-E. That area enclosed by coordinates starting 
at 40 deg.40'38.2'' N., 74 deg.02'59.6'' W.; to 40 deg.40'39.4'' N., 
74 deg.02'40.9'' W.; to 40 deg.40'09.2'' N., 74 deg.03'00.7'' W.; to 
40 deg.40'24.4'' N., 74 deg.03'24.6'' W.; thence back to 
40 deg.40'38.2'' N., 74 deg.02'59.6'' W.
    (i) See 33 CFR 110.155 (d)(6), (d)(16), and (l).
    (6) No vessel may occupy this anchorage for a period of time in 
excess of 72 hours without the prior approval of the Captain of the 
Port.
    (7) Anchorage No. 20-F. That area enclosed by coordinates starting 
at 40 deg.40'12.1'' N., 74 deg.03'41.6'' W.; to 40 deg.39'53.7'' N., 
74 deg.03'10.8'' W.; to 40 deg.39'34.7'' N., 74 deg.03'23.3'' W.; to 
40 deg.39'49.9'' N., 74 deg.03'57.8'' W.; thence back to 
40 deg.40'12.1'' N., 74 deg.03'41.6'' W.
    (i) See 33 CFR 110.155 (d)(9), (d)(16), and (l).
    (8) Anchorage No. 20-G. That area enclosed by coordinates starting 
at 40 deg.39'30.1'' N., 74 deg.04'08.0'' W.; to 40 deg.39'32.0'' N., 
74 deg.03'53.5'' W.; to 40 deg.39'27.5'' N., 74 deg.03'42.5'' W.; to 
40 deg.39'13.0'' N., 74 deg.03'51.0'' W.; to 40 deg.39'09.5'' N., 
74 deg.04'23.1'' W.; thence back to 40 deg.39'30.1'' N., 
74 deg.04'08.0'' W.
    (i) See 33 CFR 110.155 (d)(9), (d)(16), and (l).
    (9) This anchorage is designated a naval anchorage. The Captain of 
the Port may permit commercial vessels to anchor temporarily in this 
anchorage, ordinarily not more than 24 hours, when the anchorage will 
not be needed for naval vessels. Upon notification of an anticipated 
naval arrival, any commercial vessel so anchored must relocate at its 
own expense.
    (10) Anchorage No. 21-A. That area enclosed by coordinates starting 
at 40 deg.40'22.5'' N., 74 deg.01'35.2'' W.; to 40 deg.40'20.5'' N., 
74 deg.01'27.7'' W.; to 40 deg.39'48.9'' N., 74 deg.01'22.4'' W.; to 
40 deg.38'54.7'' N., 74 deg.02'18.9'' W.; to 40 deg.39'03.0'' N., 
74 deg.02'26.3'' W.; thence back to 40 deg.40'22.5'' N., 
74 deg.01'35.2'' W.
    (i) See 33 CFR 110.155 (d)(16) and (l).
    (11) Anchorage No. 21-B. That area enclosed by coordinates starting 
at 40 deg.40'23.8'' N., 74 deg.02'10.9'' W.; to 40 deg.40'26.2'' N., 
74 deg.01'49.5'' W.; to 40 deg.40'22.5'' N., 74 deg.01'35.2'' W.; to 
40 deg.39'03.0'' N., 74 deg.02'26.3'' W.; to 40 deg.38'54.7'' N., 
74 deg.02'18.9'' W.; to 40 deg.38'43.7'' N., 74 deg.02'30.3'' W.; to 
40 deg.39'19.3'' N., 74 deg.03'03.3'' W.; to 40 deg.39'22.3'' N., 
74 deg.03'02.4'' W.; to 40 deg.40'18.6'' N., 74 deg.02'25.5'' W.; thence 
back to 40 deg.40'23.8'' N., 74 deg.02'10.9'' W.
    (i) See 33 CFR 110.155 (d)(16) and (l).
    (ii) No vessel with a draft of 10 feet (3.048 meters) or less may 
occupy this anchorage without the prior approval of the Captain of the 
Port.
    (12) Anchorage No. 21-C. That area enclosed by coordinates starting 
at 40 deg.39'19.3'' N., 74 deg.03'03.3'' W.; to 40 deg.38'43.7'' N., 
74 deg.02'30.3'' W.; to 40 deg.38'41.6'' N., 74 deg.02'32.5'' W.; to 
40 deg.38'03.0'' N., 74 deg.02'48.7'' W.; to 40 deg.38'03.0'' N., 
74 deg.03'03.5'' W.; to

[[Page 312]]

40 deg.38'38.4'' N., 74 deg.03'15.5'' W.; thence back to 
40 deg.39'19.3'' N., 74 deg.03'03.3'' W.
    (i) See 33 CFR 110.155 (d)(16) and (l).
    (ii) No vessel with a draft of 33 feet (10.0584 meters) or less may 
occupy this anchorage without the prior approval of the Captain of the 
Port.
    (13) Anchorage No. 23-A. That area enclosed by coordinates starting 
at 40 deg.38'36.5'' N., 74 deg.04'13.5'' W.; to 40 deg.38'37.0'' N., 
74 deg.03'49.0'' W.; to 40 deg.38'23.4'' N., 74 deg.03'37.2'' W.; to 
40 deg.37'49.5'' N., 74 deg.03'25.7'' W.; to 40 deg.37'49.8'' N., 
74 deg.03'50.1'' W.; to 40 deg. 37' 50.0'' N., 74 deg. 03' 50.2 W.; to 
40 deg. 37' 53.0'' N., 74 deg. 04' 07.0 W.; thence back to 40 deg. 38' 
36.5'' N., 74 deg. 04' 13.5 W..
    (i) See 33 CFR 110.155 (d)(16) and (l).
    (ii) No vessel may occupy this anchorage for a period of time in 
excess of 48 hours without the prior approval of the Captain of the 
Port.
    (iii) No vessel with a length overall in excess of 670 feet (204.216 
meters) may occupy this anchorage without the prior approval of the 
Captain of the Port.
    (iv) No vessel with a draft of 40 feet (12.192 meters) or more may 
occupy this anchorage without the prior approval of the Captain of the 
Port unless it anchors within 5 hours after ebb current begins at the 
Narrows.
    (v) See 33 CFR 334.85 for information on anchoring near the U.S. 
Navy restricted area adjacent to this anchorage.
    (14) Anchorage No. 23-B. That area enclosed by coordinates starting 
at 40 deg.37'49.8'' N., 74 deg.03'50.1'' W.; to 40 deg.37'49.5'' N., 
74 deg.03'25.7'' W.; to 40 deg.37'27.0'' N., 74 deg.03'18.1'' W.; to 
40 deg.37'23.0'' N., 74 deg.03'59.0'' W.; to 40 deg.37'30.0'' N., 
74 deg.04'04.0'' W.; to 40 deg.37'37.5'' N., 74 deg.03'46.0'' W.; thence 
back to 40 deg.37'49.8'' N., 74 deg.03'50.1'' W.
    (i) See 33 CFR 110.155(d)(13) (ii) and (iv), (d)(16), and (l).
    (ii) No vessel with a length overall of 670 feet (204.216 meters) or 
less may occupy this anchorage without the prior approval of the Captain 
of the Port.
    (iii) See 33 CFR 334.85 for information on anchoring near the U.S. 
Navy restricted area adjacent to this anchorage.
    (15) Anchorage No. 24. That area enclosed by coordinates starting at 
40 deg.37'23.0'' N., 74 deg.03'59.0'' W.; to 40 deg.37'27.0'' N., 
74 deg.03'18.1'' W.; to 40 deg.36'40.1'' N., 74 deg.03'02.2'' W.; to 
40 deg.36'25.5'' N., 74 deg.02'56.4'' W.; to 40 deg.36'21.0'' N., 
74 deg.03'11.0'' W.; to 40 deg.36'25.0'' N., 74 deg.03'17.5'' W.; thence 
back to 40 deg.37'23.0'' N., 74 deg.03'59.0'' W.
    (i) See 33 CFR 110.155(d)(13) (ii) and (iv), (d)(16), and (l).
    (ii) No vessel with a length overall of less than 800 feet (243.84 
meters), or with a draft of less than 40 feet (12.192 meters) may occupy 
this anchorage without the prior approval of the Captain of the Port.
    (16) Any vessel anchored in or intending to anchor in Federal 
Anchorage 20-A through 20-G, 21-A through 21-C, 23-A and 23-B, 24 or 25 
must comply with the following requirements:
    (i) No vessel may anchor unless it notifies the Captain of the Port 
when it anchors, of the vessel's name, length, draft, and its position 
in the anchorage.
    (ii) Each vessel anchored must notify the Captain of the Port when 
it weighs anchor.
    (iii) No vessel may conduct lightering operations unless it notifies 
the Captain of the Port before it begins lightering operations.
    (iv) Each vessel lightering must notify the Captain of the Port at 
the termination of lightering.
    (v) No vessel may anchor unless it maintains a bridge watch, guards 
and answers Channel 16 FM, and maintains an accurate position plot.
    (vi) If any vessel is so close to another that a collision is 
probable, each vessel must communicate with the other vessel and the 
Captain of the Port on Channel 16 FM and shall act to eliminate the 
close proximity situation.
    (vii) No vessel may anchor unless it maintains the capability to get 
underway within 30 minutes except with prior approval of the Captain of 
the Port.
    (viii) No vessel may anchor in a ``dead ship'' status (propulsion or 
control unavailable for normal operations) without the prior approval of 
the Captain of the Port.
    (ix) Each vessel in a ``dead ship'' status must engage an adequate 
number of tugs alongside during tide changes. A tug alongside may assume 
the Channel 16 FM radio guard for the vessel after it notifies the 
Captain of the Port.

[[Page 313]]

    (x) No vessel may lighter in a ``dead ship'' status without prior 
approval from the Captain of the Port.
    (e) Lower Bay--(1) Anchorage No. 25. That area enclosed by 
coordinates starting at 40 deg.35'58.2'' N., 74 deg.02'18.4'' W.; to 
40 deg.36'12.0'' N., 74 deg.01'29.0'' W.; to 40 deg.36'03.0'' N., 
74 deg.00'52.5'' W., to 40 deg.34'57.5'' N., 74 deg.00'25.0'' W.; to 
40 deg.34'40.0'' N., 74 deg.01'03.0'' W.; to 40 deg.34'53.0'' N., 
74 deg.01'56.1'' W.; to 40 deg.35'23.9'' N., 74 deg.02'04.8'' W.; thence 
back to 40 deg.35'58.2'' N., 74 deg.02'18.4'' W.
    (i) See 33 CFR 110.155(d)(16) and (l).
    (ii) When the use of this anchorage is required by naval vessels, 
any commercial vessels anchored therein must move when directed by the 
Captain of the Port.
    (f) Lower Bay--(1) Anchorage No. 26. In Sandy Hook Bay south of a 
line extending from Point Comfort to Sandy Hook Point Light.

    Note: Anchorages Nos. 49-F and 49-G in this area are reserved for 
vessels carrying explosives (see paragraph (m) (4) and (5) of this 
section) and are excluded from use as general anchorages.

    (i) Pleasure or commercial craft may not navigate or moor within 750 
yards of the Naval Ammunition Depot Pier at Leonardo, New Jersey, nor 
anchor in the approach channel or the turning basin adjacent thereto.
    (ii) When immediate action is required and representatives of the 
Coast Guard are not present in sufficient force to exercise effective 
control of shipping, the Commanding Officer of the Naval Ammunition 
Depot at Earle, New Jersey, may control the anchorage or movement of any 
vessel, foreign or domestic, to the extent he deems necessary to insure 
the safety and security of his command.
    (2) Anchorage No. 27--(i) Atlantic Ocean. Beginning at Sandy Hook 
Light 15 to latitude 40 deg.28'52'', longitude 74 deg.00'03''; thence to 
latitude 40 deg.28'41'', longitude 73 deg.58'54''; thence to latitude 
40 deg.25'58'', longitude 73 deg.55'00''; thence 180 deg. to latitude 
40 deg.23'46'', thence 270 deg. toward Highland Light and Sandy Hook 
shore; thence following the easterly shoreline of Sandy Hook to the 
point of beginning.
    (ii) Romer Shoal. Beginning at latitude 40 deg.27'30'', longitude 
73 deg.55'00''; thence due north to latitude 40 deg.29'05''; thence to 
latitude 40 deg.31'25'', longitude 74 deg.00'55''; thence to latitude 
40 deg.32'11'', longitude 74 deg.01'41''; thence to latitude 
40 deg.32'12'', longitude 74 deg.02'07''; thence 180 deg. to latitude 
40 deg.31'27''; thence to latitude 40 deg.30'13'', longitude 
74 deg.00'07''; thence to the point of beginning.
    (iii) Flynns Knoll. Beginning at Sandy Hook Channel Lighted Bell 
Buoy 18; thence along the north side of Sandy Hook Channel to Sandy Hook 
Channel Lighted Buoy; thence along the southwest side of Swash Channel 
to Junction Buoy; thence along the east side of Chapel Hill Channel to 
Chapel Hill Channel Buoy 2; and thence to the point of beginning.
    (3) Anchorage No. 28. West of lines bearing 154 deg.30' from Fort 
Wadsworth Light to Craven Shoal Lighted Bell Buoy 19A, thence in 
succession to the buoys marking the east side of West Bank and the buoys 
on the west side of Chapel Hill Channel to Southwest Spit Junction 
Lighted Gong Buoy, thence 182 deg. to a line extending from Sandy Hook 
Point Light to Point Comfort; north of the latter line and the New 
Jersey shore; and east of a line bearing 353 deg. from the head of the 
Keansburg Steamboat Pier at Point Comfort, through Great Kills Flat Buoy 
4, to the Staten Island shore; excluding from this area, however, (i) 
the waters west of a line ranging from the stack on Hoffman Island 
344 deg. through the northeast corner of the T-shaped pier at South 
Beach; northwest of a line ranging from Great Kills Light 39 deg. and 
tangent to the offshore face of the T-shaped pier at Midland Beach; and 
northeast of a line ranging from the stack on Swinburne Island 301 deg. 
to the shore end of the north jetty at New Creek; and (ii) the waters 
west of a line ranging from Conover Light at Leonardo, New Jersey, 
340 deg. through Old Orchard Shoal Light; northwest of a line bearing 
230 deg. from the stack on Hoffman Island; and northeast of a line 
ranging from Great Kills Light 332 deg. through Marine Park Light at 
Crooks Point.

    Note: A special anchorage area in this anchorage is described in 
Sec. 110.60(r-1).

    (g) [Reserved]

[[Page 314]]

    (h) Newark Bay--(1) Anchorage No. 34. South of the bridge of the 
Central Railroad Company of New Jersey; west of lines from a point on 
the bridge 100 yards west of the west pier of the west lift span to 
Newark Bay Channel Buoy 5, thence to the east end of the dike north of 
Shooters Island; north of the dike and a line ranging from the west end 
of the dike through Kill Van Kull Light 18 and Kill Van Kull Buoy 20; 
and east of a line 250 feet east of and parallel to the Singer 
Manufacturing Company bulkhead.

    Note: A portion of this general anchorage is described as a special 
anchorage in Sec. 110.60(r).

    (2) [Reserved]
    (3) Anchorage No. 36. South of Port Newark Terminal Channel; west of 
a line ranging from a point 200 yards west of Newark Bay Light 3 to a 
point 100 yards west of the west pier of the west lift span of the 
Central Railroad of New Jersey Bridge; and north of said bridge.
    (4) Anchorage No. 37. North of the Central Railroad of New Jersey 
bridge; east of a line ranging from a point 200 yards east of the east 
pier of the east lift span of the bridge to a point 200 yards east of 
the east end of the lift span of the Pennsylvania-Lehigh Valley Railroad 
bridge; and south of the latter bridge.

    Note: A portion of this general anchorage is described as a special 
anchorage in Sec. 110.60(q).

    (5) Anchorage No. 38. North of the Pennsylvania-Lehigh Valley 
Railroad bridge; east of lines ranging through a point 200 yards east of 
the east end of the lift span of the said bridge and the red channel 
buoys marking the dredged channel in Newark Bay and Hackensack River; 
and south of the Central Railroad Company of New Jersey bridge.
    (6) Anchorage No. 39. Between the entrance channels of the 
Hackensack and Passaic Rivers, northwest of lines from the abutment of 
the Central Railroad of New Jersey bridge on the west side of the 
Hackensack River to Hackensack River Light 1, and thence to Newark Bay 
Light 5, and east of a line from said light ranging toward the southeast 
corner of the Texas Company wharf, and of a line ranging from the 
southeast corner of Gross Wharf to the abutment and end of fill of the 
Central Railroad of New Jersey bridge on the east side of the Passaic 
River.
    (i) Arthur Kill--(1) Anchorage No. 41. The passage between Pralls 
Island and Staten Island included between a line running 29 deg. from 
the extreme northwest point of Pralls Island to a point on Staten Island 
and a line from the southern point of Pralls Island to the north side of 
the mouth of Neck Creek at Travis, Staten Island.
    (2) Anchorage No. 42. East of lines ranging from the head of the 
Tottenville Shipyard Company pier at Tottenville, Staten Island, to the 
first pier of the Outerbridge Crossing west from the Staten Island 
shore, thence to Arthur Kill Light 10, thence to Arthur Kill Light 14, 
and thence to Arthur Kill Lighted Buoy 16; and south of a line from 
thence to Smoking Point.
    (j) Raritan Bay--(1) Anchorage No. 44. An area in Raritan Bay 
located at the junction of Arthur Kill and Raritan River, beginning at a 
point at latitude 40 deg.30'07'', longitude 74 deg.15'13''; thence to 
latitude 40 deg.30'01'', longitude 74 deg.15'30''; thence to latitude 
40 deg.29'27'', longitude 74 deg.15'06''; thence to latitude 
40 deg.29'24'', longitude 74 deg.15'01''; thence to latitude 
40 deg.29'15'', longitude 74 deg.14'55''; thence to latitude 
40 deg.29'14'', longitude 74 deg.15'25''; thence to latitude 
40 deg.29'48'', longitude 74 deg.15'48''; and thence to the point of 
beginning.
    (i) The anchorage is restricted to deep-draft vessels except that 
barges may moor in that portion of the anchorage southerly of latitude 
40 deg.29'22''.
    (ii) No vessel shall occupy the deep-draft portion of the anchorage 
for a longer period than 48 hours without a permit from the Captain of 
the Port.
    (2) Anchorage No. 45. West of the Raritan Bay Channel leading into 
Arthur Kill; north of the Raritan River Channel leading into Raritan 
River; and east of the Cutoff Channel between Raritan River and Arthur 
Kill, except that part of the said area occupied by Anchorage No. 44.
    (3) [Reserved]
    (4) Anchorage No. 46. West of the west limit of Anchorage No. 28, as 
defined by a line bearing 353 deg. from the head of the Keansburg 
Steamboat Pier at Point

[[Page 315]]

Comfort, through Great Kills Flat Buoy 4 to the Staten Island shore; 
north of Raritan Bay Channel as defined by the buoys and lights marking 
the north side of the channel, including Princess Bay; northeast of 
Raritan Bay Channel leading into Arthur Kill; and south of a line 
bearing 243 deg. from the gable of a house at Ward Point, Staten Island.
    (5) Anchorage No. 47. South of the Raritan River Channel from 
opposite the Sun Oil Company pier at South Amboy to Raritan River Buoy 
3; thence south of a line in the direction of Boundary Daybeacon to 
latitude 40 deg.28'48.5'', longitude 74 deg.14'31.6''; thence south of 
lines through Raritan Bay Light 7B, Raritan Bay Light 3A, and the buoys 
marking the south side of Raritan Bay Channel Off Seguine Point to the 
west limit of Anchorage No. 28 as defined by a line bearing 353 deg. 
from the head of the Keansburg Steamboat Pier through Great Kills Flat 
Buoy 4 to the Staten Island shore; and west of the latter line.
    (i) Vessels shall not anchor in the channel to Keyport Harbor west 
of lines ranging from Keyport Channel Buoy 1 to Keyport Channel Buoy 9, 
thence through Keyport Channel Buoys 11 and 13 to the northeast corner 
of the easterly steamboat wharf; and east of a line extending from a 
point 400 yards west of Keyport Channel Buoy 1 tangent to the west shore 
at the mouth of Matawan Creek.

    Note: Anchorage No. 49-D in this area is reserved for vessels 
carrying explosives (see paragraph (m)(3) of this section) and is 
excluded from use as a general anchorage.

    (k) [Reserved]
    (l) General regulations. (1) No vessel in excess of 800 feet (243.84 
meters) in length overall or 40 feet (12.192 meters) in draft may anchor 
unless it notifies the Captain of the Port at least 48 hours prior to 
entering Ambrose Channel.
    (2) Except in cases of great emergency, no vessel shall be anchored 
in the navigable waters of the Port of New York outside of the anchorage 
areas established in this section, nor cast anchor within a cable or 
pipe line area shown on a Government chart, nor be moored, anchored, or 
tied up to any pier, wharf, or vessel in such manner as to obstruct or 
endanger the passage of any vessel in transit by, or to or from, 
adjacent wharves, piers, or slips.
    (3) No vessel shall occupy for a longer period than 30 days, unless 
a permit is obtained from the Captain of the Port for that purpose, any 
anchorage for which the time of occupancy is not otherwise prescribed in 
this section. No vessel in a condition such that it is likely to sink or 
otherwise become a menace or obstruction to navigation or anchorage of 
other vessels shall occupy an anchorage except in an emergency, and then 
only for such period as may be permitted by the Captain of the Port.
    (4) Whenever, in the opinion of the Captain of the Port, such action 
may be necessary, that officer may require any or all vessels in any 
designated anchorage area to moor with two or more anchors.
    (5) Every vessel whose crew may be reduced to such number that it 
will not have sufficient men on board to weigh anchor at any time shall 
be anchored with two anchors, with mooring swivel put on before the crew 
shall be reduced or released, unless the Captain of the Port shall waive 
the requirement of a mooring swivel.
    (6) Anchors of all vessels must be placed well within the anchorage 
areas, so that no portion of the hull or rigging shall at any time 
extend outside the boundaries of the anchorage area.
    (7) Any vessel anchoring under circumstances of great emergency 
outside of the anchorage areas must be placed near the edge of the 
channel and in such position as not to interfere with the free 
navigation of the channel nor obstruct the approach to any pier nor 
impede the movement of any boat, and shall move away immediately after 
the emergency ceases, or upon notification by the Captain of the Port.
    (8) The Captain of the Port may grant a revocable permit for the 
habitual maintenance and use of a given mooring space in an anchorage 
area. Application information for a mooring permit is available from:

Captain of the Port, Mooring Permit Section, Building 109, Governors 
Island, New York, N.Y. 10004.

    (i) A mooring permit is issued to an individual, for his exclusive 
use, of a

[[Page 316]]

specific mooring, of a specific type, at a specific location, for a 
specific vessel.
    (ii) Mooring permits shall expire on April 30 of the year after 
issuance.
    (iii) Mooring permits are not transferable.
    (iv) Moorings are shown on the large scale chart which may be seen 
at the office of the Captain of the Port--New York.
    (v) Mooring anchor, chain, and pendant (if applicable) requirements 
are shown in Table 110.155(l)(7). These requirements may be waived or 
modified by the Captain of the Port upon written request from the 
applicant for such waiver or modification.
    (vi) The mooring buoy shall be white in color with the Captain of 
the Port mooring permit number, in black letters, clearly visible at all 
times. The buoy is to extend not less than 1 foot above the surface of 
the water at all times, exclusive of flagstaffs, rings, quick pickup 
devices, etc.
    (vii) All required equipment shall be provided by, installed by, and 
remain the property of the permit holder.
    (viii) Mooring equipment should be raised at least every 2 years, 
inspected for deterioration and replaced if necessary.
    (ix) Each person holding a mooring permit shall make what the 
Captain of the Port--New York considers reasonable use of the mooring. 
Nonuse of a mooring up to 30 days during the boating season is deemed 
reasonable.
    (x) Moorings for which permits have expired without renewal or have 
been revoked by the Captain of the Port--New York shall be removed by 
the owner within 10 days of such expiration or revocation.
    (xi) Granting of a Captain of the Port--New York mooring permit does 
not give a right of access across private property. Arrangements for 
access shall be made by the permit holder.
    (xii) Each person to whom a Captain of the Port--New York mooring 
permit is issued agrees to hold harmless the United States, its 
officers, agents, and employees, for any death, personal injury, or 
damage which may result from the use of the permit or the rights granted 
under the permit.
    (xiii) No vessel shall continuously occupy a mooring when a vessel 
in regular traffic requires the berth or when navigation would be 
menaced or inconvenienced thereby.
    (xiv) No vessel shall moor in any anchorage in such a manner as to 
interfere with the use of a duly authorized mooring buoy. Nor shall any 
vessel moored to a buoy authorized by a Captain of the Port--New York 
permit be moored such that any portion of that vessel comes within 50 
feet of a marked or dredged channel.
    (xv) No vessel shall be navigated within the limits of an anchorage 
at speed exceeding 6 knots when in the vicinity of a moored vessel.
    (xvi) In an emergency the Captain of the Port may shift the position 
of any unattended vessel moored in or near any anchorage.

                                                                   Table 110.155(l)(7)                                                                  
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                         Pendant safe   
     Vessel length, in feet        Anchor weight, in      Anchor type        Anchor scope        Chain size in     Pendant length in     working load   
                                        pounds                                                      inches               feet               minimum     
--------------------------------------------------------------------------------------------------------------------------------------------------------
15 or less......................  100...............  Mushroom or navy..  3x MHW............  \5/16\............  4.................  4x anchor weight. 
Greater than 15 but not greater   150...............  Mushroom or navy..  3x MHW............  \3/8\.............  8.................      Do.           
 than 21.                                                                                                                                               
Greater than 21 but not greater   200...............  Mushroom or navy..  3x MHW............  \3/8\.............  10................      Do.           
 than 26.                                                                                                                                               
Greater than 26.................  10 per foot of      Mushroom or navy..  3x MHW............  \1/2\ for anchor    10................      Do.           
                                   vessel length.                                              of 400                                          
                                                                                               or less, \5/8\ if                                        
                                                                                               greater than 400                                         
                                                                                               .                                               
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (9) Barge dispensing stations and stake boats may be anchored in 
such places as the Captain of the Port may designate.

[[Page 317]]

    (10) Upon approval of the District Engineer, Corps of Engineers, the 
Captain of the Port may permit wrecking plant or other vessels legally 
engaged in recovering sunken property, or in laying or repairing pipe 
lines or cables legally established, or plant engaged in dredging 
operations, to anchor within channels of the Port of New York. Permit 
issued by the Captain of the Port is not necessary for plant engaged 
upon works of river and harbor improvement under the supervision of the 
District Engineer, but the District Engineer will notify the Captain of 
the Port in advance of all such proposed work.
    (11) Whenever the maritime or commercial interests of the United 
States so require, the Captain of the Port is hereby empowered to shift 
the position of any vessel anchored within the anchorage areas, of any 
vessel anchored outside the anchorage areas, of any vessel which is so 
moored or anchored as to impede or obstruct vessel movements in any 
channel or obstruct or interfere with range lights and of any vessel 
which, lying at the exterior end of a pier or alongside an open 
bulkhead, obstructs or endangers the passage of vessels in transit by, 
or to or from, adjacent wharf property or impedes the movements of 
vessels entering or leaving adjacent slips.
    (12) A vessel upon being notified to move into the anchorage limits 
or to shift its position on anchorage grounds, shall get under way at 
once or signal for a tug, and shall change position as directed, with 
reasonable promptness.
    (13) Nothing in this section shall be construed as relieving any 
vessel or the owner or person in charge of any vessel from the penalties 
of law for obstructing navigation or for obstructing or interfering with 
range lights, or for not complying with the navigation laws in regard to 
lights, fog signals, or for otherwise violating law.
    (14) Any vessel prohibited by these rules from anchoring in a 
specific anchorage because of the vessel's length or draft may anchor in 
the anchorage with permission from the Captain of the Port.
    (m) Anchorages for vessels carrying explosives.
    (1) [Reserved]
    (2) Anchorage No. 49-F (emergency naval anchorage). That portion of 
Sandy Hook Bay bounded by a line bearing 170 deg., 3,800 yards, from a 
point bearing 281 deg.30', 2,050 yards from Sandy Hook Light; thence 
260 deg., 500 yards; thence 350 deg., 3,800 yards; thence 080 deg., 500 
yards, to the point of beginning.
    (i) This anchorage is to be used for the anchorage of naval vessels 
during emergencies only.
    (ii) No pleasure or commercial craft shall navigate or moor within 
this area at any time when naval vessels which are moored in the area 
display a red flag by day or a red light by night.
    (3) Anchorage No. 49-G (naval anchorage). That portion of Sandy Hook 
Bay bounded by a line bearing 208 deg., 1,350 yards, from a point 
bearing 292 deg.30', 3,600 yards, from Sandy Hook Light; thence 
298 deg., 620 yards; thence 002 deg., 1,250 yards; thence 107 deg., 
1,150 yards, to the point of beginning.
    (i) No pleasure or commercial craft shall navigate or moor within 
this area at any time when vessels which are moored in the area display 
a red flag by day or a red light by night.
    (n) Regulations for explosive anchorages. (1) Anchorages Nos. 49-C, 
49-F, and 49-G are reserved for vessels carrying explosives. All vessels 
carrying explosives shall be within these areas when anchored, except as 
provided in paragraph (n)(6) of this section.
    (2) A written permit shall be obtained from the Captain of the Port 
before vessels carrying explosives, or on which explosives are to be 
loaded, may proceed to the anchorages provided for them; and no vessel 
shall occupy a berth in such anchorage except by authority of such 
permit, which permit may be revoked at any time.
    (3) Vessels used in connection with loading or unloading explosives 
on vessels in anchorage areas, including tugs and stevedore boats, shall 
carry a written permit from the Captain of the Port. The Captain of the 
Port may, in his discretion, require every person having business on 
board vessels which are being loaded with explosives, other than members 
of the crew, to have a pass from the Captain of the Port in such form as 
he shall prescribe. Such permit or pass shall be shown whenever

[[Page 318]]

required by him or by his authorized agents.
    (4) Whenever any vessel not fitted with mechanical power anchors in 
the explosives anchorages while carrying explosives, the Captain of the 
Port may require the attendance of a tug upon such vessel when in his 
judgment such action is necessary.
    (5) Vessels carrying explosives shall comply with the general 
regulations in paragraph (l) of this section when applicable.
    (6) The District Engineer, Corps of Engineers, may authorize, in 
writing, a vessel carrying explosives for use on river and harbor works 
or on other work under Federal permit issued by the District Engineer to 
anchor in or near the vicinity of such work without a permit from the 
Captain of the Port. The District Engineer will prescribe the quantities 
of such explosives allowed on such vessel and the conditions under which 
they are to be stored and handled, and will furnish the Captain of the 
Port with a copy of such safety instructions together with a copy of his 
written authorization.
    (7) Every vessel loading, unloading, transporting, or containing 
explosives shall display by day a red flag at least 16 square feet in 
area at its masthead, or at least 10 feet above the upper deck if the 
vessel has no mast, and shall display by night a red light in the same 
position specified for the flag.
    (8) When local regulations of any place require previous local 
authority for the transfer of explosives or fireworks between vessels or 
between a vessel and a wharf or other place ashore, the Captain of the 
Port will permit the removal from the anchorage of such vessel 
containing explosives to any place covered by such local regulations 
only when he is satisfied that the required local authority has been 
granted.

    Note: The anchorage in this section are regulated under Title I, 
Ports and Waterways Safety Act of 1972 as stated in Sec. 110.1a(a) of 
this part. The penalties for violating regulations under this Act are 
stated in Sec. 110.1a(b) of this part.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967]

    Editorial Note: For Federal Register citations affecting 
Sec. 110.155, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 110.156   Randall Bay, Freeport, Long Island, N.Y.

    (a) The anchorage grounds. Southward of a line 312 feet south of and 
parallel to the south side of Casino Street; eastward of a line 215 feet 
east of and parallel to the east side of West Side Avenue, said line 
extending southerly to a point 233 feet north of the prolonged north 
side of Clinton Street; northeastward of a line from the last-mentioned 
point to a point 243 feet southerly of the prolonged south side of 
Clinton Street and 210 feet east of the east side of Prospect Street; 
eastward of a line 210 feet east of and parallel to the east side of 
Prospect Street; northward of a line 25 feet north of and parallel to 
the prolonged north side of Suffolk Street; westward of a line 210 feet 
west of and parallel to the west side of South Long Beach Avenue, said 
line extending northerly to a point 222 feet south of the prolonged 
south side of Queens Street; southwestward of a line from the last-
mentioned point to a point 74 feet northerly of the prolonged north side 
of Queens Street and 120 feet west of the west side of Roosevelt Avenue; 
and westward of a line 120 feet west of and parallel to the west side of 
Roosevelt Avenue.
    (b) The regulations. (1) When applied for, a berth in this 
anchorage, if available, may be assigned to any vessel by the Captain of 
the Port of New York.
    (2) The Captain of the Port is authorized to issue permits for 
maintaining mooring buoys within the anchorage. The method of anchoring 
these buoys shall be as prescribed by the Captain of the Port.
    (3) No vessel shall anchor in the anchorage in such manner as to 
interfere with the use of a duly authorized mooring buoy.
    (4) No vessel shall be navigated within the anchorage at a speed 
exceeding six knots.
    (5) In case of emergencies, the Captain of the Port is authorized to 
shift the position of any unattended vessel moored in or near the 
anchorage.

[[Page 319]]



Sec. 110.157  Delaware Bay and River .

    (a) The anchorage grounds--(1) Anchorage A off the entrance to the 
Mispillion River. In Delaware Bay southwest of Brandywine Channel 
beginning at latitude 38 deg.53'57'' N., longitude 75 deg.08'00'' W., 
thence northwesterly to latitude 39 deg.01'22'' N., longitude 
75 deg.13'25'' W., thence southwesterly to latitude 39 deg.00'49'' N., 
longitude 75 deg.14'57'' W., thence southeasterly to latitude 
38 deg.53'22'' N., longitude 75 deg.09'26'' W., thence northeasterly to 
the point of beginning. Supervision over the anchoring of vessels and 
over all cargo transfer operations in Anchorage A is exercised by the 
Captain of the Port, Philadelphia. The regulations of paragraphs (b)(1) 
and (b)(2) of this section do not apply to this anchorage.
    (2) Anchorage 1 off Bombay Hook Point. On the southwest side of the 
channel along Liston Range, bounded as follows: Beginning at a point 
(approximately latitude 39 deg.17'59'', longitude 75 deg.23'07'') 
bearing 228 from Ship John Shoal Light, 167 yards southwest of the 
southwest edge of the channel along Liston Range; thence 228 deg., 2,000 
yards; thence 318 deg., 8,000 yards; thence 48 deg., 2,000 yards; and 
thence 138 deg., 8,000 yards, to the point of beginning.
    (3) Anchorage 2 northwest of Artificial Island. On the east side of 
the channel along Reedy Island Range, bounded as follows: Beginning at a 
point bearing 105 deg. from the northernmost point of Reedy Island, 167 
yards easterly of the east edge of the channel along Reedy Island Range; 
thence 105 deg., 800 yards; thence 195 deg., 4,500 yards; thence 
285 deg., 800 yards to a point (approximately latitude 39 deg. 28' 58'', 
longitude 75 deg. 33' 37'') opposite the intersection of Reedy Island 
and Baker Ranges; and thence 15 deg., 4,500 yards, to the point of 
beginning.
    (4) Anchorage 3 southeast of Reedy Point. Southeast of the entrance 
to the Chesapeake and Delaware Canal at Reedy Point, bounded on the east 
by the west edge of the channel along Reedy Island and New Castle 
Ranges; on the west by a line beginning at a point on the west edge of 
the channel along Reedy Island Range at latitude 39 deg.31'43'', thence 
to a point bearing 168 deg.30', 3,150 yards, from Chesapeake and 
Delaware Canal 2 Light, and thence to a point bearing 131 deg., 1,160 
yards, from Chesapeake and Delaware Canal 2 Light; and on the north by a 
line running from the last-described point 113 deg.30', approximately 
813 yards, to the west edge of the channel along New Castle Range.
    (5) Anchorage 4 north of Reedy Point. North of the entrance to the 
Chesapeake and Delaware Canal at Reedy Point, on the west side of the 
river, bounded as follows: Beginning at a point (approximately latitude 
39 deg.33'51'', longitude 75 deg.33'35'') 344 deg.58' true, 160 yards 
from Chesapeake and Delaware Canal Light 2; thence 306 deg.26', 1,442 
yards; thence 36 deg.26', 377 yards; thence 126 deg.26', 1,442 yards; 
thence 216 deg.26', 377 yards to the point of beginning.
    (6) Anchorage 5 southeast of Pea Patch Island. On the northeast side 
of the channel along New Castle Range, bounded as follows: Beginning at 
latitude 39 deg.34'28'', longitude 75 deg.33'06''; thence 334 deg., 
2,343 yards; thence 64 deg., 512 yards; thence 154 deg., 2,343 yards; 
and thence 244 deg., 512 yards, to the point of beginning.
    (7) Anchorage 6 off Deepwater Point. Southeast of the entrance to 
Christina River, on the east side of the channel along Cherry Island 
Range, bounded as follows: Beginning at latitude 39 deg.41'31'', 
longitude 75 deg.30'55''; thence 17 deg., 2,747 yards; thence 112 deg., 
847 yards; thence 215 deg., 1,340 yards; thence 204 deg., 893 yards; 
thence 186 deg.30', 500 yards; and thence 286 deg., 377 yards, to the 
point of beginning. Vessels must not cast anchor in the cable area at 
the lower end of this anchorage except in case of emergency.
    (8) Anchorage 7 off Marcus Hook. (i) On the southeast side of the 
channel along Marcus Hook Range, bounded by a line connecting the 
following points:


Latitude                             Longitude                          
                                                                        
39 deg.49'17.254'' N                 75 deg.22'50.0994'' W              
39 deg.48'39.984'' N                 75 deg.23'17.238'' W               
39 deg.47'45.309'' N                 75 deg.25'01.278'' W               
39 deg.47'43.111'' N                 75 deg.26'00.186'' W               
                                                                        


(DATUM: NAD 83)

    (ii) A vessel that is arriving from or departing for sea and that 
requires an examination by public health, customs, or immigration 
authorities shall anchor in the preferential area of this anchorage 
designated for the use of vessels awaiting quarantine inspection,

[[Page 320]]

this area being the waters bounded by the arc of a circle with a radius 
of 366 yards and with the center located at:


Latitude                             Longitude                          
                                                                        
39 deg.48'46.334'' N                 75 deg.23'26.881'' W               
                                                                        


(DATUM: NAD 83)

    (iii) Should the remainder of the anchorage be in use, the 
preferential area, when available, may be used by vessels not subject to 
quarantine inspection.
    (9) Anchorage 8 off Thompson Point. On the south side of the channel 
along Tinicum Range, between Thompson Point and the east side of Crab 
Point, bounded as follows: Beginning at a point on the south edge of the 
channel along Tinicum Range at longitude 75 deg.18'24''; thence easterly 
along the edge of the channel to longitude 75 deg.17'54''; thence 
179 deg., 267 yards; thence 260 deg.30', 793 yards; thence 358 deg., 425 
yards, to the point of beginning.
    (10) Anchorage 9 near entrance to Mantua Creek. On the southeast 
side of the channel along Mifflin Range, bounded as follows: Beginning 
at a point on the southeast edge of the channel at longitude 
75 deg.14'26''; thence northeasterly along the edge of the channel to 
longitude 75 deg.12'01.5''; thence 203 deg.30', 933 yards; thence 
233 deg.30', 3,058 yards; and thence 263 deg.30', 933 yards, to the 
point of beginning. Vessels must not cast anchor in this anchorage in 
such manner as to interfere unreasonably with the passage of other 
vessels to and from Mantua Creek.
    (11) Anchorage 10 (naval) at Naval Base, Philadelphia. On the north 
side of the channel along West Horseshoe Range, bounded as follows: 
Beginning at the southeasterly corner of Pier 7 (approximately latitude 
39 deg.53'11'', longitude 75 deg.09'58.5''); thence 174 deg., 525 yards, 
to the north edge of the channel along West Horseshoe Range; thence 
273 deg.30' along the edge of the channel, 880 yards; thence 354 deg., 
433 yards, to the southeasterly corner of Pier 1; and thence 88 deg.30', 
875 yards, to the point of beginning. This is a restricted naval 
anchorage.
    (12) Anchorage 11 at Gloucester. On the east side of the channel 
south of the Walt Whitman Bridge at Gloucester, bounded as follows: 
Beginning at a point on the east edge of the channel at latitude 
39 deg.54'16''; thence 174 deg.30', 500 yards, to latitude 
39 deg.54'02'', longitude 75 deg.07'43''; thence 202 deg., 1,133 yards; 
thence 217 deg.30', 1,142 yards, to the east edge of channel; thence 
northeasterly along the edge of the channel to the point of beginning.
    (13) Anchorage 12 between Gloucester and Camden. On the east side of 
the channel adjoining and on the upstream side of Anchorage 11, from the 
Gloucester to Camden, bounded as follows: Beginning at a point on the 
east edge of the channel at latitude 39 deg.54'16"; thence northerly 
along the edge of the channel to latitude 39 deg.56'32.5"; thence 
133 deg., 283 yards to a point on a line 100 feet west of the 
established pierhead line; thence southerly along this line to latitude 
39 deg.54'34"; thence 196 deg.16', 882 yards to latitude 
39 deg.54'08.5"; thence 354 deg.36', 267 yards to the point of 
beginning. The area between New York Shipbuilding Corporation Pier No. 2 
and the MacAndrews and Forbes Company pier, Camden, shall be restricted 
to facilitate the movement of carfloats to and from Bulson Street, 
Camden. The area in front of the Public Service Electric and Gas Company 
pier shall be restricted to facilitate the movement of vessels to and 
from the pier. Should the anchorage become so congested that vessles are 
compelled to anchor in these restricted areas, they must move 
immediately when another berth is available.
    (14) Anchorage 13 at Camden. On the east side of the channel 
adjoining and on the upstream side of Anchorage 12, to Cooper Point, 
Camden, bounded as follows: Beginning at a point on the east edge of the 
channel at latitude 39 deg.56'32.5''; thence northerly along the edge of 
the channel to latitude 39 deg.57'39.7''; thence 139 deg., 217 yards to 
a point on a line 100 feet west of the established pierhead line; thence 
southerly along this line to latitude 39 deg.56'26.5''; thence 313 deg., 
283 yards to the point of beginning.
    (15) Anchorage 14 opposite Port Richmond. On the southeast side of 
the channel, north of Petty Island, bounded as follows: Beginning at a 
point on the southeast edge of the channel at longitude 75 deg.05'43''; 
thence 163 deg., 248 yards; thence 253 deg., 1,978 yards, to the

[[Page 321]]

southeast edge of the channel; and thence northeasterly along the edge 
of the channel to the point of beginning. Vessels having a draft of less 
than 20 feet must anchor southwest of Pier No. 11, Port Richmond. The 
area off the Cities Service Oil Company wharves, Petty Island, shall be 
restricted to facilitate the movement of vessels to and from the 
wharves.
    (16) Anchorage 15 off northeasterly end of Petty Island. On the 
southeast side of the channel, bounded as follows: Beginning at a point 
on the southeast edge of the channel at longitude 75 deg.05'34.7''; 
thence northeasterly along the southeast edge of the channel to 
longitude 75 deg.05'09.5''; thence 171 deg., 198 yards; thence 
260 deg.30', 667 yards; and thence 351 deg., 198 yards, to the point of 
beginning. When necessary, this anchorage will be reserved for vessels 
under the custody of the United States, at which time other vessels may 
be required by the Captain of the Port to shift position.
    (17) Anchorage 16 between Port Richmond and Five Mile Point. On the 
northwest side of the channel, bounded as follows: Beginning at a point 
on the northwest edge of the channel at longitude 75 deg.05'35''; thence 
northeasterly along the edge of the channel to longitude 75 deg.04'20''; 
thence 328 deg., 125 yards; thence 243 deg., 450 yards; thence 251 deg., 
475 yards; thence 257 deg., 1,042 yards; thence 174 deg.30', 122 yards, 
to the point of beginning. When necessary, this anchorage will be 
reserved for vessels under the custody of the United States, at which 
time other vessels may be required by the Captain of the Port to shift 
position.
    (b) General regulations. (1) Except in cases of great emergency, no 
vessel shall be anchored in Delaware Bay and River between Ship John 
Light and The Pennsylvania Railroad Company bridge at Delair, New 
Jersey, outside of the anchorage areas established in this section, or 
within a cable or pipe line area shown on a Government chart, or be 
moored, anchored, or tied up to any pier, wharf, or other vessel in such 
manner as to obstruct or endanger the passage of any vessel. When an 
emergent condition exists due to congestion in the prescribed anchorage 
areas in the Delaware River, the Captain of the Port may authorize the 
anchorage of vessels in locations other than the prescribed areas. 
Vessels so anchored must not be anchored within the channel limits. Any 
vessel anchored outside of the prescribed anchorage limits must move to 
a prescribed anchorage area when space becomes available.
    (2) No vessel shall occupy any prescribed anchorage for a longer 
period than 48 hours without a permit from the Captain of the Port. 
Vessels expecting to be at anchor for more than 48 hours shall obtain a 
permit from the Captain of the Port for that purpose. No vessel in such 
condition that it is likely to sink or otherwise become a menace or 
obstruction to navigation or anchorage of other vessels shall occupy an 
anchorage except in an emergency, and then only for such period as may 
be permitted by the Captain of the Port.
    (3) Whenever, in the opinion of the Captain of the Port such action 
may be necessary, he may require any or all vessels in any designated 
anchorage area to moor with two or more anchors.
    (4) [Reserved]
    (5) Anchors shall be placed well within the anchorage areas, so that 
no portion of the hull or rigging will at any time extend outside of the 
anchorage area.
    (6) Light-draft barges using the anchorages shall be anchored away 
from the deeper portions of the anchorages, so as not to interfere with 
the anchoring of deep-draft vessels. Any barges towed in tandem to an 
anchorage area shall be bunched together when anchoring.
    (7) Upon approval of the District Engineer, Corps of Engineers, the 
Captain of the Port may permit wrecking plant or other vessels legally 
engaged in recovering sunken property, or in laying or repairing pipe 
lines or cables, or plant engaged in dredging operations, to anchor in 
channels. Such permission is not necessary for plant engaged upon works 
of river and harbor improvement under the supervision of the District 
Engineer, but the District Engineer will notify the Captain of the Port 
in advance of all such proposed work.
    (8) [Reserved]
    (9) A vessel upon being notified to shift its position shall get 
under way at

[[Page 322]]

once or signal for a tug and shall change position as directed with 
reasonable promptness.
    (10) Nothing in this section shall be construed as relieving any 
vessel or the owner or person in charge of any vessel from the penalties 
of law for obstructing navigation or for obstructing or interfering with 
range lights, or for not complying with the laws relating to lights and 
fog signals or other navigation laws and regulations.
    (c) Regulations for vessels carrying and handling explosives. (1) 
All vessels carrying explosives as defined in and subject to Title 49 
Code of Federal Regulations, Parts 171 through 177, or on which such 
explosives are to be loaded, shall obtain a permit from the Captain of 
the Port, except as provided in paragraph (c)(5) of this section. The 
maximum amount of explosives for which a permit is required in 49 CFR 
Parts 171 through 177, which may be carried or loaded at any time by a 
vessel shall not exceed 800 tons, except in cases of great emergency or 
by special permit from the Captain of the Port. This written permit 
shall be obtained from the Captain of the Port before vessels carrying 
explosives or on which explosives are to be loaded within the weight 
limit specified in paragraph (c)(1) of this section, may anchor in any 
anchorge. Permits will not be issued for Anchorage 2 under any 
circumstances. Such permit may be revoked at any time. All vessels used 
in connection with loading, or unloading explosives shall carry written 
permits from the Captain of the Port, and shall show such permit 
whenever required by him or his representative.
    (2) Vessels handling explosives shall be anchored so as to be at 
least 2,200 feet from any other vessel, but the number of vessels which 
may anchor in an anchorage at any one time shall be at the discretion of 
the Captain of the Port. This provision is not intended to prohibit 
barges or lighters from tying up alongside the vessels for the transfer 
of cargo.
    (3) Whenever a vessel or barge not mechanically self-propelled 
anchors while carrying explosives or while awaiting the loading of 
explosives, the Captain of the Port may require the attendance of a tug 
upon such vessel or barge when in his judgment such action is necessary.
    (4) Fishing and navigation are prohibited within an anchorage 
whenever occupied by an anchored vessel displaying a red flag.
    (5) The District Engineer, U.S. Army Corps of Engineers, may 
authorize, in writing, a vessel carrying explosives for use on river and 
harbor works or on other work under Department of the Army permit, to 
anchor in or near the vicinity of such work. The Captain of the Port 
will prescribe the conditions under which explosives shall be stored and 
handled in such cases.
    (6) Vessels carrying explosives or on which explosives are to be 
loaded, within the weight limit specified in paragraph (c)(1) of this 
section, shall comply with the general regulations in paragraph (b) of 
this section when applicable.
    (7) Nothing in this section shall be construed as relieving any 
vessel or the owner or person-in-charge of any vessel, and all others 
concerned, of the duties and responsibilities imposed upon them to 
comply with the regulations governing the handling, loading or 
discharging of explosives entitled ``Subchapter C--Hazardous Materials 
Regulations'' (49 CFR Parts 171 through 177).

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 77-212A, 47 
FR 20579, May 13, 1982; CGD 3-80-3A, 48 FR 13418, Mar. 31, 1983; CCGD 3-
82-31, 48 FR 23638, May 26, 1983; 48 FR 30622, July 5, 1983; CGD3-83-72, 
49 FR 25444, June 21, 1984; CGD 92-050, 59 FR 39965, Aug. 5, 1994; 
CGD05-94-088, 60 FR 10020, Feb. 23, 1995]



Sec. 110.158  Baltimore Harbor, MD.

    (a) The anchorage grounds--(1) Anchorage No. 1, general anchorage. 
In the Patapsco River at Fort McHenry angle beginning at latitude 
39 deg.15'13'', longitude 76 deg.34'08.5''; thence southwest to latitude 
39 deg.15'10.5'', longitude 76 deg.34'12.5''; thence southeast to 
latitude 39 deg.14'52.5'', longitude 76 deg.33'54''; thence east-
southeast to latitude 39 deg.14' 48'', longitude 76 deg.33'42''; thence 
northwest to the point of beginning. This anchorage shall be reserved 
for deep draft vessels and shall be used only by vessels waiting 
overnight to proceed to pier facilities. No vessel shall remain in this 
anchorage

[[Page 323]]

for more than 12 hours without a written permit from the Captain of the 
Port. Vessels anchored in this anchorage shall insure that they do not 
project into Fort McHenry Channel.
    (2) Anchorage No. 2, general anchorage. In the Patapsco River 
beginning at latitude 39 deg.15'01.43" N., longitude 76 deg.33'43.39" 
W.; thence southeast to latitude 39 deg.14'49.09" N., longitude 
76 deg.33'30.37" W.; thence northeast to latitude 39 deg.14'58.49" N., 
longitude 76 deg.33'15.63" W.; thence southeast to latitude 
39 deg.14'40.5" N., longitude 76 deg.32'57" W.; thence northeast to 
latitude 39 deg.14'50" N., longitude 76 deg.32'41.5" W.; thence 
northwest to latitude 39 deg.15'17.2" N., longitude 76 deg.33'10.0" W.; 
thence northwest to latitude 39 deg.15'18.95" N., longitude 
76 deg.33'15.46" W.; thence west to latitude 39 deg.15'18.90" N., 
longitude 76 deg.33'25.63" W.; thence southwest to latitude 
39 deg.15'08.17" N., longitude 76 deg.33'38.79" W., thence southwest to 
point of beginning. A vessel with a draft of over 24 feet may not use 
the anchorage. No vessel may remain in this anchorage for more than 72 
hours without a written permit from the Captain of the Port.
    (3) Anchorage No. 3, general anchorage. In the Patapsco River 
beginning at latitude 39 deg.14'49.09" N, longitude 76 deg.33'30.37" W; 
thence southeast to latitude 39 deg.14'14.70" N, 76 deg.32'54.10" W; 
thence northeast to latitude 39 deg.14'24.10" N, longitude 
76 deg.32'39.36" W; thence northwest to latitude 39 deg.14'58.49" N, 
longitude 76 deg.33'15.63" W; thence southwest to point of beginning. A 
vessel with a draft of less than 24 feet may not use the anchorage. No 
vessel may remain in this anchorage for more than 72 hours without a 
written permit from the Captain of the Port.
    (4) Anchorage No. 4, general anchorage. In the Patapsco River 1,000 
yards southwest of Dundalk Marine Terminal beginning at latitude 
39 deg.14'18.5'', longitude 76 deg.32'38.5''; thence southeast to 
latitude 39 deg.14'00'', longitude 76 deg.32'19''; thence southwest to 
latitude 39 deg.13'53'', longitude 76 deg.32'31''; thence northwest to 
latitude 39 deg.14'11'', longitude 76 deg.32'50''; thence northeast to 
the point of beginning. This is a general anchorage for vessels with 
drafts of less than 30 feet. No vessel shall remain in this anchorage 
for more than 72 hours without a written permit from the Captain of the 
Port.
    (5) Anchorage No. 5, general anchorage. In the Patapsco River in the 
angle between Fort McHenry Channel and Curtis Bay Channel beginning at 
latitude 39 deg.14'07'', longitude 76 deg.32'58.5''; thence southeast to 
latitude 39 deg.13'34'', longitude 76 deg.32'24''; thence south-
southwest to latitude 39 deg.13'22'', longitude 76 deg.32'29''; thence 
west to latitude 39 deg.13'21'', longitude 76 deg.33'12''; thence north-
northeast to the point of beginning. This is a general anchorage for 
vessels having drafts of 19 feet or less. No vessel shall remain in this 
anchorage for more than 72 hours without a written permit from the 
Captain of the Port.
    (6) Anchorage No. 6, general anchorage. In the Patapsco River 
approximately 2,000 yards west of Sollars Point beginning at latitude 
39 deg.13'42.58" N, longitude 76 deg.32'20.24" W thence southeast to 
latitude 39 deg.13'20" N., longitude 76 deg.31'56" W., thence northeast 
to latitude 39 deg.13'34" N., longitude 76 deg.31'33.5" W., thence 
northwest to latitude 39 deg.14'02" N., longitude 76 deg.32'02.9" W., 
thence southwest to latitude 39 deg.13'50.5" N., longitude 76 deg.32'20" 
W., thence south to point of beginning. A vessel with a draft over 20 
feet may not use this general anchorage. No vessel may remain in this 
anchorage for more than 72 hours without a written permit from the 
Captain of the Port.
    (7) [Reserved]
    (8) Dead ship anchorage. The waters bounded by a line connecting the 
following points:

                                                                        
            Latitude                             Longitude              
                                                                        
39[13'00.0'' N                    76[34'11.5'' W                        
39[13'13.0'' N                    76[34'11.9'' W                        
39[13'13.5'' N                    76[34'06.8'' W                        
39[13'14.4'' N                    76[33'30.9'' W                        
39[13'00.0'' N                    76[33'31.0'' W                        
                                                                        

and thence to the point of beginning.

    Datum: NAD 27
    The primary use of this anchorage is to lay up dead ships. Such use 
has priority over other uses. A written permit from the Captain of the 
Port must be obtained prior to use of this anchorage for more than 72 
hours.
    (b) General regulations. (1) Except in cases where unforseen 
circumstances create conditions of imminent peril, or

[[Page 324]]

with the permission of the Captain of the Port, no vessel shall be 
anchored in Baltimore Harbor and Patapsco River outside of the anchorage 
areas established in this section for more than 24 hours. No vessel 
shall anchor within a tunnel, cable or pipeline area shown on a 
Government chart. No vessel shall be moored, anchored, or tied up to any 
pier, wharf, or other vessel in such manner as to extend into 
established channel limits. No vessel shall be positioned so as to 
obstruct or endanger the passage of any other vessel.
    (2) No vessel in such condition that it is likely to sink or 
otherwise become a menace or obstruction to navigation or anchorage of 
other vessels, shall occupy an anchorage except in cases where 
unforeseen circumstances create conditions of imminent peril to 
personnel and then only for such period as may be authorized by the 
Captain of the Port.
    (3) Whenever, in the opinion of the Captain of the Port, such action 
may be necessary, he may require any vessel in a designated anchorage 
area to moor with two or more anchors.
    (4) Every vessel that will not have sufficient personnel on board to 
weigh anchor at any time shall be anchored with two anchors with mooring 
swivel, unless the Captain of the Port, upon application, waives this 
requirement.
    (5) Light-draft barges shall be anchored away from the deeper 
portions of the anchorages, so as not to interfere with the anchoring of 
deep-draft vessels. Any barges towed in tandem to an anchorage area 
shall be nested together when anchoring.
    (6) No vessel shall be navigated within an anchorage at a speed 
exceeding 6 knots.
    (7) A vessel being notified by the Captain of the Port or his 
authorized representative to shift its position shall take steps to 
promptly make the change.
    (8) Nothing in this section shall be construed as relieving any 
vessel, or the owner or person in charge of any vessel, from the 
penalties of law for obstructing navigation or for obstructing or 
interfering with range lights, or for not complying with the laws 
relating to lights, day signals and fog signals or other navigation laws 
and regulations.

[CGFR 68-132, 33 FR 18439, Dec. 12, 1968; 33 FR 20039, Dec. 31, 1968]

    Editorial Note: For Federal Register citations affecting 
Sec. 110.158, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 110.159   Annapolis Harbor, MD.

    (a) The Anchorage Grounds--(1) Naval Anchorage for Deep Draft 
Vessels. In the Chesapeake Bay, bounded on the north by latitude 
38 deg.58'00''; on the east by a line bearing 203 deg. from latitude 
38 deg.58'00'', longitude 76 deg.24'00''; on the south by latitude 
38 deg.56'30''; and on the west by a line bearing 139 deg. from 
Greenbury Point Shoal Light. This anchorage is reserved for deep draft 
naval vessels. Berths in the area will be assigned on application to the 
Superintendent, U.S. Naval Academy.
    (2) Middle Ground Anchorage. Beginning at a point in the Severn 
River 139 deg., 620 yards from Triton Light (located at the intersection 
of the northeast and southeast seawall of the Naval Academy grounds); 
thence easterly to a point 112 deg.30', 970 yards from Triton Light; 
thence southeasterly to a point 274 deg., 1,045 yards from the radio 
tower at the tip of Greenbury Point; thence south-southeasterly to a 
point 233 deg.30', 925 yards from the radio tower at the tip of 
Greenbury Point; thence west to a point 295 deg., 1,015 yards from 
Greenbury Point Shoal Light: thence northwesterly to the point of 
beginning.
    (3) South Anchorage. In the Severn River, beginning at a point on 
the shoreline at Horn Point, Eastport, 168 deg., 1,190 yards from Triton 
Light; thence east to a point 294 deg., 1,075 yards from Greenbury Point 
Shoal Light; thence northwest to a point 143 deg., 595 yards from Triton 
Light; thence westerly to a point 209 deg., 700 yards from Triton Light; 
thence 180 deg. to a point on the shoreline at Eastport. No vessel shall 
anchor within 100 feet of any wharf, marine railway, or other structure 
without the permission of the owner thereof.
    (4) Naval Anchorage for Small Craft. In the Severn River, beginning 
at a point 80 feet off the southeast seawall of the Naval Academy 
bearing 132 deg. from Triton Light; thence easterly to a point

[[Page 325]]

072 deg.30', 285 yards from Triton Light; thence southeasterly to a 
point 109 deg., 785 yards from Triton Light; thence westerly to a point 
211 deg., 537 yards from Triton Light; thence northwesterly to a point 
45 yards off the southeast seawall of the Naval Academy bearing 
214 deg., 535 yards from Triton Light; thence northeasterly to the point 
of beginning. Except in the case of emergency, no vessel shall be 
anchored in this area without the permission of the Superintendent, U.S. 
Naval Academy. Anchorages will be assigned upon request to the 
Superintendent, U.S. Naval Academy.
    (5) Spa Creek Anchorage. In Spa Creek, those waters bounded by a 
line connecting the following points:

Latitude                             Longitude                          
38 deg.58'37.3'' N                   76 deg.28'48.1'' W                 
38 deg.58'36.1'' N                   76 deg.28'57.8'' W                 
38 deg.58'31.6'' N                   76 deg.29'03.3'' W                 
38 deg.58'26.7'' N                   76 deg.28'59.5'' W                 
                                                                        

Datum: NAD 83

    Note: The City Council of Annapolis has promulgated local ordinances 
to the control building of structures, and mooring and anchorage of 
vessels in anchorages (a)(3), and (a)(5). These local ordinances will be 
enforced by the local Harbor Master.

    (b) The regulations. (1) Except in the case of emergency, no vessel 
shall be anchored in the area to the north and east of the Annapolis 
Channel bounded on the east by Greenbury Point; on the south by a line 
bearing 270 deg. from the southern tip of Greenbury Point; on the west 
by the Annapolis Channel; on the north by the southern boundry of the 
cable area and the shoreline of the Government reservation and Carr 
Creek.
    (2) Except in the case of emergency, no vessel shall be anchored in 
Annapolis Harbor to the westward of the dredged channel and northward of 
the southern boundry of the South Anchorage outside of the established 
anchorage areas, except in Spa Creek and the area to the southwestward 
of the Naval anchorage for small craft. No vessel shall be so anchored 
that any part of the vessel extends at any time within this area. Any 
vessel anchoring, under great emergency, within this area shall be 
placed as close to an anchorage area as practicable, and shall move away 
immediately after the emergency ceases.
    (3) No vessel shall be anchored in the cable and pipeline area, 
lying between the Naval Academy and the Naval Ship Research and 
Development Laboratory and having the following limits: Southeastern 
limit, from Triton Light 072 deg. to white ``Cable Crossing'' sign at 
the Naval Ship Research and Development Laboratory; northwestern limit, 
a line bearing 054 deg. from the Capitol Dome.
    (4) Except in the case of emergency, no vessel shall be anchored, 
without permission of the Superintendent, U.S. Naval Academy, in the 
Naval Academy Drill area described as follows:
    That portion of the Severn River lying to the northeastward of the 
Naval Academy, bounded on the north by the State Highway Bridge and on 
the south by the northern limit of the cable and pipeline area, 
excluding that area off the eastern shoreline enclosed by a line bearing 
approximately 131 deg. from the eastern abutment of the State Highway 
Bridge to the vicinity of Ferry Point. This drill area also includes the 
lower part of Dorseys Creek below the Naval Academy Drawbridge. Requests 
to anchor in this drill area shall be made to the Superintendent, U.S. 
Naval Academy.
    (5) The restrictions in this section do not apply to the anchoring 
or marking by buoys of apparatus used for the purpose of taking seafood, 
except within the cable or pipeline area described in paragraph (b)(3) 
of this section.
    (6) The regulations in paragraph (b) of this section shall be 
enforced by the Superintendent, U.S. Naval Academy, and such agencies as 
he may designate.

[CGFR 68-97, 34 FR 9677, June 20, 1969, as amended by CGD 05-81-15R, 47 
FR 29658, 29659, July 8, 1982; CGD05-93-103, 60 FR 27696, May 25, 1995; 
60 FR 45776, Sept. 1, 1995]



Sec. 110.166   York River, Va., naval anchorage.

    (a) The anchorage grounds. Between Yorktown and the Naval Mine 
Depot, beginning at latitude 37 deg.15'34'', longitude 76 deg.31'25''; 
thence to latitude 37 deg.15'25'', longitude 76 deg.31'39.5''; thence to 
latitude 37 deg.16'21.5'', longitude 76 deg.32'46''; thence to latitude 
37 deg.17'07.5'', longitude 76 deg.34'17''; thence to latitude 
37 deg.17'55'', longitude 76 deg.35'14.5''; thence to latitude

[[Page 326]]

37 deg.18'05'', longitude 76 deg.35'01''; thence to latitude 
37 deg.17'20'', longitude 76 deg.34'07''; thence to latitude 
37 deg.16'33.5'', longitude 76 deg.32'34'', and thence to the point of 
beginning.
    (b) The regulations. This anchorage is reserved for the exclusive 
use of naval vessels and except in cases of emergency, no other vessel 
shall anchor therein without permission from the local naval 
authorities, obtained through the Captain of the Port, Norfolk, 
Virginia. Movement of vessels through the anchorage will not be 
restricted.



Sec. 110.168  Hampton Roads, Virginia, and adjacent waters.

    (a) Anchorage Grounds--(1) Cape Henry Anchorage. Anchorage A (Naval 
Anchorage). The waters bounded by the shoreline and a line connecting 
the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
36 deg.5533.0" N.                 76 deg.0247.0" W.                     
36 deg.5702.8" N.                 76 deg.0302.6" W.                     
36 deg.5645.0" N.                 76 deg.0130.0" W.                     
36 deg.5554.0" N.                 76 deg.0137.0" W.                     
                                                                        

    (2) Chesapeake Bay, Thimble Shoals Channel Anchorages--(i) Anchorage 
B (Naval Anchorage). The waters bounded by a line connecting the 
following points:

                                                                        
            Latitude                             Longitude              
                                                                        
36 deg.5758.0" N.                 76 deg.0607.0" W.                     
36 deg.5711.0" N.                 76 deg.0302.1" W.                     
36 deg.5548.8" N.                 76 deg.0314.0" W.                     
36 deg.5631.8" N.                 76 deg.0607.0" W.                     
36 deg.5704.0" N.                 76 deg.0607.0" W.                     
36 deg.5708.5" N.                 76 deg.0624.5" W.                     
                                                                        

    (ii) Anchorage C (Naval Anchorage). The waters bounded by a line 
connecting the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
36 deg.5854.8" N.                 76 deg.0941.5" W.                     
36 deg.5818.8" N.                 76 deg.0718.0" W.                     
36 deg.5727.0" N.                 76 deg.0737.5" W.                     
36 deg.5804.0" N.                 76 deg.1000.0" W.                     
                                                                        

    (iii) Anchorage D (Naval Anchorage). The waters bounded by the 
shoreline and a line connecting the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
36 deg.5549.0" N.                 76 deg.1032.8 W.                      
36 deg.5804.0" N.                 76 deg.1002.1" W.                     
36 deg.5731.2" N.                 76 deg.0754.8" W.                     
36 deg.5524.1" N.                 76 deg.0828.8" W.                     
                                                                        

    (iv) Anchorage E (Commercial Explosive Anchorage). The waters 
bounded by a line connecting the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
36 deg.5958.7" N.                 76 deg.1347.0" W.                     
36 deg.5908.2" N.                 76 deg.1033.8" W.                     
36 deg.5813.0" N.                 76 deg.1051.8" W.                     
36 deg.5902.0" N.                 76 deg.1410.2" W.                     
                                                                        

    (A) Explosive Handling Berth E-1: (Explosives Anchorage Berth): The 
waters bounded by the arc of a circle with a radius of 500 yards and 
with the center located at:

                                                                        
            Latitude                             Longitude              
                                                                        
36 deg.5905.0" N.                 76 deg.1123.0" W.                     
                                                                        

    (3) Hampton Roads Anchorages--(i) Anchorage F, Hampton Bar. The 
waters bounded by a line connecting the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
36 deg.5951.6" N.                 76 deg.1912.0" W.                     
36 deg.5925.2" N.                 76 deg.1848.5" W.                     
36 deg.5849.1" N.                 76 deg.1933.8" W.                     
36 deg.5925.0" N.                 76 deg.2007.0" W.                     
                                                                        

    (A) Anchorage Berth F-1. The waters bounded by the arc of a circle 
with a radius of 400 yards and with the center located at:

                                                                        
            Latitude                             Longitude              
                                                                        
36 deg.5916.7" N.                 76 deg.1939.0" W.                     
                                                                        

    (B) Anchorage Berth F-2. The waters bounded by the arc of a circle 
with a radius of 400 yards and with the center located at:

                                                                        
            Latitude                             Longitude              
                                                                        
36 deg.5931.8" N.                 76 deg.1916.0" W.                     
                                                                        

    (ii) Anchorage G, Hampton Flats (Naval Explosives Anchorage). The 
waters bounded by a line connecting the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
36 deg.5925.0" N.                 76 deg.2007.0" W.                     
36 deg.5849.1" N.                 76 deg.1933.8" W.                     

[[Page 327]]

                                                                        
36 deg.5741.4" N.                 76 deg.2107.7" W.                     
36 deg.5734.6" N.                 76 deg.2126.7" W.                     
36 deg.5731.1" N.                 76 deg.2201.9" W.                     
36 deg.5807.0" N.                 76 deg.2203.0" W.                     
36 deg.5854.8" N.                 76 deg.2142.6" W.                     
                                                                        

    (A) Explosives Handling Berth G-1. The waters bounded by the arc of 
a circle with a radius of 500 yards and with the center located at:

                                                                        
            Latitude                             Longitude              
                                                                        
365750.0" N.                      762137.0" W.                          
                                                                        

    (B) Explosives Handling Berth G-2. The waters bounded by the arc of 
a circle with a radius of 500 yards and with the center located at:

                                                                        
            Latitude                             Longitude              
                                                                        
365814.0" N.                      762101.5" W.                          
                                                                        

    (C) Explosives Handling Berth G-3. The waters bounded by the arc of 
a circle with a radius of 500 yards and with the center located at:

                                                                        
            Latitude                             Longitude              
                                                                        
365834.5" N.                      762031.0" W.                          
                                                                        

    (D) Explosives Handling Berth G-4. The waters bounded by the arc of 
a circle with a radius of 500 yards and with the center located at:

                                                                        
            Latitude                             Longitude              
                                                                        
365853.4" N.                      762005.0" W.                          
                                                                        

    (iii) Anchorage H, Newport News Bar. The waters bounded by a line 
connecting the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
365807.0" N.                      762203.0" W.                          
365731.1" N.                      762201.9" W.                          
365718.0" N.                      762411.2" W.                          
365738.3" N.                      762420.0" W.                          
365751.8" N.                      762231.0" W.                          
                                                                        

    (4) James River Anchorages--(i) Anchorage I, Newport News. The 
waters bounded by a line connecting the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
365706.7" N.                      762444.3" W.                          
365622.6" N.                      762428.0" W.                          
365603.0" N.                      762437.0" W.                          
365753.7" N.                      762641.5" W.                          
365823.0" N.                      762711.0" W.                          
365848.5" N.                      762711.0" W.                          
365835.4" N.                      762638.4" W.                          
365751.7" N.                      762602.8" W.                          
365730.6" N.                      762534.5" W.                          
                                                                        

    (A) Anchorage Berth I-1. The waters bounded by the arc of a circle 
with a radius of 400 yards and with the center located at:

                                                                        
            Latitude                             Longitude              
                                                                        
365708.5" N.                      762521.6" W.                          
                                                                        

    (B) Anchorage Berth I-2. The waters bounded by the arc of a circle 
with a radius of 400 yards and with the center located at:

                                                                        
            Latitude                             Longitude              
                                                                        
365722.4" N.                      762547.7" W.                          
                                                                        

    (ii) Anchorage J, Newport News Middle Ground. The waters bounded by 
a line connecting the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
365721.0" N.                      762222.1" W.                          
365646.5" N.                      762239.3" W.                          
365625.3" N.                      762348.0" W.                          
365710.2" N.                      762409.9" W.                          
                                                                        

    (iii) Anchorage K, Newport News Middle Ground. The waters bounded by 
a line connecting the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
365755.8" N.                      762031.9" W.                          
365707.9" N.                      762032.2" W.                          
365648.8" N.                      762020.1" W.                          
365559.9" N.                      762211.7" W.                          
365559.9" N.                      762400.0" W.                          
365625.3" N.                      762348.0" W.                          
365646.5" N.                      762239.3" W.                          
365721.0" N.                      762222.1" W.                          
365728.1" N.                      762111.7" W.                          
                                                                        

    (A) Anchorage Berth K-1. The waters bounded by a line connecting the 
following points:

                                                                        
            Latitude                             Longitude              
                                                                        
365756.1" N.                      762031.5" W.                          
365708.0" N.                      762032.2" W.                          
365728.1" N.                      762111.7" W.                          
                                                                        

    (B) Anchorage Berth K-2. The waters bounded by a line connecting the 
following points:

[[Page 328]]



                                                                        
            Latitude                             Longitude              
                                                                        
365723.4" N.                      762158.5" W.                          
365728.1" N.                      762111.7" W.                          
365715.0" N.                      762046.4" W.                          
365702.1" N.                      762109.5" W.                          
                                                                        

    (C) Anchorage Berth K-3. The waters bounded by the arc of a circle 
with a radius of 300 yards and with the center located at:

                                                                        
            Latitude                             Longitude              
                                                                        
365712.9" N.                      762214.2" W.                          
                                                                        

    (iv) Anchorage Berth L, Craney Island Flats. The waters bounded by a 
line connecting the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
365648.8" N.                      762020.1" W.                          
365604.2" N.                      762023.7" W.                          
365559.9" N.                      762211.7" W.                          
                                                                        

    (5) Norfolk Harbor Channel Anchorages--(i) Anchorage M. The waters 
bounded by a line connecting the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
365537.6 N.                       761948.1 W                            
365522.1 N.                       761948.1 W                            
365520.5 N.                       762014.9 W                            
365536.8 N.                       762013.6 W.                           
                                                                        

    (ii) Anchorage N. The waters bounded by a line connecting the 
following points:

                                                                        
            Latitude                             Longitude              
                                                                        
365435.3 N.                       761947.5 W.                           
365403.9 N.                       761945.0 W.                           
365355.0 N.                       762009.0 W.                           
365443.5 N.                       762018.0 W.                           
365447.2 N.                       762017.7 W.                           
                                                                        

    (iii) Anchorage O. The waters bounded by a line connecting the 
following points:

                                                                        
            Latitude                             Longitude              
                                                                        
365328.0 N.                       761916.3 W.                           
365300.0 N.                       761929.9 W.                           
365304.9 N.                       762001.2 W.                           
365328.0 N.                       762005.1 W.                           
                                                                        

    (6) Elizabeth River Anchorages--(i) Anchorage P, Lambert's Point. 
The waters bounded by a line connecting the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
365241.0 N.                       762007 W.                             
365239.5 N.                       762037.8 W.                           
365218.8 N.                       762034.3 W.                           
365222.2 N.                       762003.8 W.                           
                                                                        

    (ii) Anchorage Q. The waters bounded by a line connecting the 
following points:

                                                                        
            Latitude                             Longitude              
                                                                        
365217.8 N.                       761938.8 W.                           
365201.1 N.                       761915.5 W.                           
365156.4 N.                       761921.7 W.                           
365212.6 N.                       761945.1 W.                           
                                                                        

    (iii) Anchorage R, Port Norfolk. The waters bounded by a line 
connecting the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
365145.7 N.                       761931.5 W.                           
365145.8 N.                       761920.7 W.                           
365137.8 N.                       761924.3 W.                           
365132.5 N.                       761931.1 W.                           
365140.7 N.                       761937.3 W.                           
365145.7 N.                       761931.5 W.                           
                                                                        

    (iv) Anchorage S, Port Norfolk. The waters bounded by a line 
connecting the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
365142.1 N.                       761915.5 W.                           
365133.1 N.                       761902.6 W.                           
365131.9 N.                       761917.0 W.                           
                                                                        

    (v) Anchorage T, Hospital Point. The waters bounded by a line 
connecting the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
365105.4 N                        761822.4 W.                           
365054.2 N                        761752.2 W.                           
365036.7 N                        761752.8 W.                           
365033.6 N                        761758.8 W.                           
365049.3 N                        761809.0 W.                           
365050.3 N                        761807.8 W.                           
365056.2 N                        761812.5 W.                           
365101.8 N                        761832.3 W.                           
                                                                        

    (7) Anchorage U, The Hague. The waters of the basin known as ``The 
Hague'', north of the Brambleton Avenue Bridge, except for the area 
within 100 feet of the bridge span that provides access to and from the 
Elizabeth River.
    (b) Definitions. As used in this section:
    (1) ``Dangerous cargo'' means ``certain dangerous cargo'' as defined 
in Sec. 160.203 of this title.

[[Page 329]]

    (2) Class 1 (explosive) materials means Division 1.1, 1.2, 1.3, and 
1.4 explosives, as defined in 49 CFR 173.50.
    (c) General regulations. (1) Except as otherwise provided, this 
section applies to vessels over 20 meters long and vessels carrying or 
handling dangerous cargo or Class 1 (explosive) materials while anchored 
in an anchorage ground described in this section.
    (2) Except as otherwise provided, a vessel may not occupy an 
anchorage for more than 30 days, unless the vessel obtains a permit from 
the Captain of the Port.
    (3) Except in an emergency, a vessel that is likely to sink or 
otherwise become a menace or obstruction to navigation or the anchoring 
of other vessels may not occupy an anchorage, unless the vessel obtains 
a permit from the Captain of the Port.
    (4) The Captain of the Port may, upon application, assign a vessel 
to a specific berth within an anchorage for a specified period of time.
    (5) The Captain of the Port may grant a revocable permit to a vessel 
for a habitual use of a berth. Only the vessel that holds the revocable 
permit may use the berth during the period that the permit is in effect.
    (6) The Commander, Fifth Coast Guard District, may authorize the 
establishment and placement of temporary mooring buoys within a berth. 
Placement of a fixed structure within an anchorage may be authorized by 
the District Engineer, U.S. Army Corps of Engineers.
    (7) If an application is for the long-term lay up of a vessel, the 
Captain of the Port may establish special conditions in the permit with 
which the vessel must comply.
    (8) Upon notification by the Captain of the Port to shift its 
position within an anchorage, a vessel at anchor shall get underway at 
once or signal for a tug. The vessel shall move to its new location in a 
prompt manner.
    (9) The Captain of the Port may prescribe specific conditions for 
vessels anchoring within the anchorages described in this section, 
including, but not limited to, the number and location of anchors, scope 
of chain, readiness of engineering plant and equipment, usage of tugs, 
and requirements for maintaining communications guards on selected radio 
frequencies.
    (10) A vessel that does not have a sufficient crew on board to weigh 
anchor at any time shall have two anchors in place with a mooring 
swivel, unless the Captain of the Port shall waive this requirement. 
Members of the crew may not be released until the required anchors have 
been set.
    (11) No vessel at anchor or at a mooring within an anchorage may 
transfer oil to another vessel unless the vessel has given the Captain 
of the Port the four hours advance notice required by Sec. 156.118 of 
this title.
    (12) Barges may not anchor in the deeper portions of anchorages or 
interfere with the anchoring of deep-draft vessels.
    (13) Barges towed in tandem to an anchorage shall be nested together 
when anchored.
    (14) Any vessel anchored or moored in an anchorage adjacent to the 
Chesapeake Bay Bridge Tunnel or I-664 Bridge Tunnel shall be capable of 
getting underway within 30 minutes with sufficient power to keep free of 
the bridge tunnel complex.
    (15) A vessel may not anchor or moor in an anchorage adjacent to the 
Chesapeake Bay Bridge Tunnel or I-664 Bridge Tunnel if its steering or 
main propulsion equipment is impaired.
    (d) Regulations for vessels handling or carrying dangerous cargoes 
or Class 1 (explosive) materials. (1) This paragraph (d) applies to 
every vessel, except a naval vessel, handling or carrying dangerous 
cargoes or Class 1 (explosive) materials.
    (2) Unless otherwise directed by the Captain of the Port, each 
vessel handling or carrying dangerous cargoes or Class 1 (explosive) 
materials must be anchored or moored within Anchorage Berth E-1.
    (3) Each vessel, including each tug and stevedore boat, used for 
loading or unloading dangerous cargoes or Class 1 (explosive) materials 
in an anchorage, must carry a written permit issued by the Captain of 
the Port.
    (4) The Captain of the Port may require every person having business 
aboard a vessel handling or carrying dangerous cargoes or Class 1 
(explosive) materials while in an anchorage, other

[[Page 330]]

than a member of the crew, to hold either a pass issued by the Captain 
of the Port or another form of identification prescribed by the Captain 
of the Port.
    (5) Each person having business aboard a vessel handling or carrying 
dangerous cargoes or Class 1 (explosive) materials while in an 
anchorage, other than a member of the crew, shall present the pass or 
other form of identification prescribed by paragraph (d)(4) of this 
section to any Coast Guard boarding officer who requests it.
    (6) The Captain of the Port may revoke at any time a pass issued 
under the authority of paragraph (d)(4) of this section.
    (7) Each non-self-propelled vessel handling or carrying dangerous 
cargoes or Class 1 (explosive) materials must have a tug in attendance 
at all times while at anchor.
    (8) Each vessel handling or carrying dangerous cargoes or Class 1 
(explosive) materials while at anchor must display by day a red flag in 
a prominent location and by night a fixed red light.
    (e) Quarantine Anchorage Regulations. (1) Anchorage Berth K-3 is the 
``Quarantine Anchorage''.
    (2) Any vessel that requires examination by quarantine, customs, or 
immigration authorities, but whose draft or size prevents it from using 
Anchorage Berth K-3, may anchor in another anchorage that it is 
otherwise authorized to use, if the vessel notifies the Captain of the 
Port and the agency that ordered the vessel to the ``Quarantine 
Anchorage''.
    (f) Regulations for Specific Anchorages. (1) Anchorage A. Except for 
a naval vessel, military support vessel, or vessel in an emergency 
situation, a vessel may not anchor in Anchorage A 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 a 
vessel permission to anchor in Anchorage A.
    (2) Anchorages B and C. Except for a naval vessel, a vessel may not 
anchor in Anchorage B or C 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 a vessel permission to 
anchor in Anchorage B or C.
    (3) Anchorage D. Except for a naval vessel or vessel in an emergency 
situation, a vessel may not anchor in Anchorage D 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 a 
vessel permission to anchor in Anchorage D.
    (4) Anchorage E. (i) A vessel may not anchor in Anchorage E without 
a permit issued by the Captain of the Port.
    (ii) The Captain of the Port shall give commercial vessels priority 
over naval and public vessels.
    (iii) The Captain of the Port may at any time revoke a permit to 
anchor in Anchorage E issued under the authority of paragraph (f)(4)(i) 
of this section.
    (iv) A vessel may not anchor in Anchorage Berth E-1, unless it is 
handling or carrying dangerous cargoes or Class 1 (explosive) materials.
    (v) A vessel may not anchor within 500 yards of Anchorage Berth E-1 
without the permission of the Captain of the Port, if the berth is 
occupied by a vessel handling or carrying dangerous cargoes or Class 1 
(explosive) materials.
    (5) Anchorage F. A vessel less than 700 feet long or having a draft 
less than 40 feet may not anchor in Anchorage F without the permission 
of the Captain of the Port.
    (6) Anchorage G. (i) Except for a naval vessel, a vessel may not 
anchor in Anchorage G without the permission of the Captain of the Port.
    (ii) When handling or transferring Class 1 (explosive) materials in 
Anchorage G, naval vessels must comply with Department of Defense 
Ammunition and Explosives Safety Standards, or the standards in this 
section, whichever are the more stringent.
    (iii) When barges and other vessels carrying Class 1 (explosive) 
materials are berthed at the Ammunition Barge Mooring Facility, located 
at latitude 36 deg.58'34" N., longitude 76 deg.21'12" W., no other 
vessel, except a vessel that is receiving or offloading Class 1 
(explosive) materials, may anchor within 1,000 yards of the Ammunition 
Barge Mooring Facility.

[[Page 331]]

    (iv) Whenever a vessel is handling or transferring Class 1 
(explosive) materials while at anchor in Anchorage G, no other vessel 
may anchor in Anchorage G without the permission of the Captain of the 
Port. The Captain of the Port shall consult with the Commander, Naval 
Base Norfolk, before granting a vessel permission to anchor in Anchorage 
G.
    (v) A vessel located within Anchorage G may not handle or transfer 
Class 1 (explosive) materials within 400 yards of Norfolk Harbor 
Entrance Reach.
    (vi) A vessel may not handle or transfer Class 1 (explosive) 
materials within 850 yards of another anchored vessel, unless the other 
vessel is also handling or transferring Class 1 (explosive) materials.
    (vii) A vessel may not handle or transfer Class 1 (explosive) 
materials within 850 yards of Anchorage F or H.
    (7) Anchorage I--Anchorage Berths I-1 and I-2. A vessel that is 500 
feet or less in length or that has a draft of 30 feet or less may not 
anchor in Anchorage Berth I-1 or I-2 without the permission of the 
Captain of the Port.
    (8) Anchorage K--(i) Anchorage Berths K-1 and K-2. A vessel that is 
500 feet or less in length or that has a draft of 30 feet or less may 
not anchor in Anchorage Berth K-1 or K-2 without the permission of the 
Captain of the Port.
    (ii) A vessel that is arriving from or departing for sea and that 
requires an examination by public health, customs, or immigration 
authorities may anchor in the Anchorage Berth K-3.
    (iii) Unless directed by the Captain of the Port, a vessel that does 
not require an examination by public health, customs, or immigration 
authorities may not anchor in Anchorage Berth K-3.
    (iv) Every vessel using Anchorage Berth K-3 shall be prepared to 
move promptly under its own power to another location when directed by 
the Captain of the Port, and shall promptly vacate Anchorage Berth K-3 
after being examined and released by authorities.
    (v) When any vessel using Anchorage Berth K-3 is under the charge of 
a pilot, the pilot shall remain on board while the vessel is in 
Anchorage Berth K-3.
    (vi) Any non-self-propelled vessel using Anchorage Berth K-3 shall 
have a tugboat in attendance while undergoing examination by quarantine, 
customs, or immigration authorities, except with the permission of the 
Captain of the Port.
    (9) Anchorage P. (i) A vessel waiting to be loaded may not remain in 
Anchorage P longer than 48 hours, except when non-availability of 
loading facilities, inclement weather, ice conditions, or other 
circumstances beyond the vessel's control prohibit it from moving.
    (ii) A vessel loaded with cargo may not remain in Anchorage P for 
more than 12 daylight hours without permission from the Captain of the 
Port.
    (10) Anchorage T. Portions of this anchorage are a special anchorage 
area under Sec. 110.72aa of this Title during marine events regulated 
under Sec. 100.501 of this Title.
    (11) Anchorage U. (i) A vessel may not anchor in Anchorage U unless 
it is a recreational vessel.
    (ii) No float, raft, lighter, houseboat, or other craft may be laid 
up for any reason in Anchorage U without the permission of the Captain 
of the Port.

[CGD 05-88-17, 54 FR 605, Jan. 9, 1989; CGD 05-88-17, 54 FR 7190, Feb. 
17, 1989, as amended by CGD 05-88-17, 54 FR 32419, Aug. 7, 1989; CGD 92-
050, 59 FR 39965, Aug. 5, 1994]



Sec. 110.170   Lockwoods Folly Inlet, N.C.

    (a) Explosives Anchorage. Beginning at a point southeast of 
Shallotte Inlet at latitude 33 deg.52'31'', longitude 78 deg.18'49''; 
thence south to latitude 33 deg.51'31'', longitude 78 deg.18'42''; 
thence east to latitude 33 deg.51'51'', longitude 78 deg.14'35''; thence 
north to latitude 33 deg.52'52'', longitude 78 deg.14'40''; thence west 
to the point of beginning.
    (b) General regulations. (1) This anchorage is reserved for the 
exclusive use of vessels carrying explosives.
    (2) Vessels in this anchorage shall not anchor closer than 1,500 
yards to one another. This provision is not intended to prohibit barges 
or lighters from lying alongside vessels for transfer of cargo.
    (3) The maximum quantity of explosives aboard any vessel that may be 
in this anchorage is 8,000 tons.

[[Page 332]]

    (4) Nothing in this section shall be construed as relieving the 
owner, master, or person in charge of any vessel from the penalties of 
the law for obstructing navigation or for not complying with the 
navigation laws in regard to lights, fog signals, etc.

[CGFR 69-1, 34 FR 839, Jan. 18, 1969]



Sec. 110.173  Port of Charleston, SC.

    (a) The anchorage grounds. (1) Commercial Anchorage A. This 
anchorage is located adjacent to the western edge of Folly Island 
Channel and southwest of Rebellion Reach and is bounded by the following 
coordinates:

32 deg.45'34'' N., 79 deg.52'12'' W.; to
32 deg.46'17'' N., 79 deg.53'21'' W.; to
32 deg.45'51'' N., 79 deg.53'23'' W.; to
32 deg.45'34'' N., 79 deg.52'55'' W.; thence back to
32 deg.45'34'' N., 79 deg.52'12'' W.

    (2) Commercial Anchorage B. This anchorage is located adjacent to 
the south side of South Channel and bounded by the following 
coordinates:

32 deg.45'28'' N., 79 deg.53'40'' W.; to
32 deg.45'28'' N., 79 deg.54'46'' W.; to
32 deg.45'19'' N., 79 deg.54'46'' W.; to
32 deg.45'12'' N., 79 deg.54'06'' W.; to
32 deg.45'16'' N., 79 deg.53'40'' W.; thence back to
32 deg.45'28'' N., 79 deg.53'40'' W.

    (3) Commercial Anchorage C. This anchorage is located 1800 yards, 
118 deg. true from St. Michaels Church Spire and has a diameter of 500 
yards. Vessels using this anchorage must anchor in the center.
    (4) Commercial Anchorage D. This anchorage is located 51 deg.30' 
true, 1375 yards from St. Michaels Church Spire and has a diameter of 
1400 feet. The use of this anchorage is limited to loaded vessels for a 
period of not more than 24 hours.
    (b) The regulations. (1) Except in cases of great emergency, no 
vessel shall be anchored in the main ship channels as defined by broken 
lines marking their boundaries on NOAA Chart 11524. Vessels must be 
anchored in such a way as not to interfere with the free navigation of 
channels in the port, including Cooper, Ashley, Wando Rivers, and Town 
Creek, nor to obstruct the approach to any pier or entrance to any slip, 
nor to impede the movement of any vessel or craft.
    (2) Vessels using the anchorages opposite the eastern waterfront of 
Charleston shall place their anchors as near as possible in the center 
of the anchorage. Vessels not using a designated commercial anchorage 
shall not place their anchors within the main ship channels, nor shall 
be so anchored as to swing within 400 feet of any wharf or pier on the 
eastern waterfront of Charleston. Vessels may be so anchored as to swing 
into the main ship channels only if they are so placed with reference to 
the customary winds, tides, and currents of the harbor, as to swing only 
during slack water, and that during this period there shall remain in 
the waters adjacent to the channel an area of sufficient depth as to 
permit the safe passage of loaded vessels.
    (3) No vessel may anchor within the designated anchorages for more 
than 72 hours without the prior approval of the Captain of the Port.
    (4) No vessel may anchor unless it maintains a bridge watch, guards 
and answers Channel 16 FM, and maintains an accurate position plot.
    (5) If any anchored vessel is so close to another that a collision 
is probable, each vessel must communicate with the other vessel and the 
Captain of the Port on Channel 16 FM and shall act to eliminate the 
close proximity situation.
    (6) No vessel may anchor unless it maintains the capability to get 
underway within 4 hours.
    (7) No vessel may anchor in a ``dead ship'' status (propulsion or 
control unavailable for normal operations) without the prior approval of 
the Captain of the Port.
    (8) Dragging of anchors in or across main ship channels and cable 
areas is prohibited.
    (9) Vessels which, through force of great emergency, are anchored 
contrary to the foregoing regulations in this section shall be shifted 
to new berths in accordance with such regulations at the earliest 
opportunity.
    (10) A vessel, upon notification from the Captain of the Port to 
shift its position in anchorage grounds must get underway at once or 
signal for a tug, and must change position as directed with reasonable 
promptness.

[[Page 333]]

    (11) No vessel may conduct lightering operations in an anchorage 
without permission from the Captain of the Port.
    (12) When the use of an anchorage is required by naval vessels, the 
vessels anchored therein shall move when the Captain of the Port directs 
them.
    (13) Nothing in this section shall be construed as relieving the 
owner or person in charge of any vessel from the penalties of law for 
obstructing navigation, or for obstructing or interfering with range 
lights, or for not complying with the navigation laws in regard to 
lights, fog signals, etc.

[CGD7 83-15, 49 FR 26587, June 28, 1984]



Sec. 110.179   Skidaway River, Isle of Hope, Ga.

    (a) The anchorage ground. An area in Skidaway River beginning at a 
point on the mean low water line 400 feet south of Brady Boat Works, 
thence 76 deg.30', 300 feet to a buoy; thence 152 deg.30', 900 feet to a 
buoy; thence 251 deg.00', 450 feet to the mean low water line at 
Wymberly Yacht Club dock.
    (b) The regulations. (1) Except in cases of great emergency, no 
vessels shall anchor in Skidaway River between the north end of Barbee's 
dock and southward to Day Marker 48 except in the anchorage area hereby 
defined and established: Provided, however, That vessels may moor to any 
lawfully constructed wharf.
    (2) Except in cases of great emergency, no vessel shall be anchored 
where it can swing within 50 feet of any lawfully constructed wharf or 
within 50 feet of the mean low water line, nor shall any vessel be so 
anchored that any portion of the hull or rigging shall at any time 
extend outside the boundary of the anchorage area.
    (3) Any vessel anchoring under circumstances of great emergency 
outside the anchorage area should be placed in such a position as not to 
interfere with the free navigation of the channel nor obstruct the 
approach to any lawfully constructed wharf nor impede the movement of 
any boat, and shall move away immediately after the emergency ceases or 
upon notification of the District Commander.
    (4) No vessels with an overall length greater than 65 feet will use 
the anchorage area except in cases of great emergency.
    (5) Vessels operating within the anchorage area will not exceed a 
speed of five (5) miles per hour.



Sec. 110.182   Atlantic Ocean off Fort George Inlet, near Mayport, Fla.

    (a) The Anchorage areas--(1) Anchorages for aircraft carriers and 
other deep draft vessels. Four circular areas each with a radius of 600 
yards and with their centers located at: ``A''--latitude 30 deg.25'35'', 
longitude 81 deg.21'23''; ``B''--latitude 30 deg.26'13'', longitude 
81 deg.21'13''; ``C''--latitude 30 deg.26'19'', longitude 
81 deg.20'27''; ``D''--latitude 30 deg.26'55'', longitude 
81 deg.20'47''.
    (2) Anchorages for destroyers and other ships of similar size. Six 
circular areas each with a radius of 300 yards and with their centers 
located at: ``1''--latitude 30 deg.24'38''; longitude 81 deg.21'57''; 
``2''--latitude 30 deg.24'57'', longitude 81 deg.21'58''; ``3''--
latitude 30 deg.24'56'', longitude 81 deg.21'38''; ``4''--latitude 
30 deg.25'13'', longitude 81 deg.22'05''; ``5''--latitude 
30 deg.25'13'', longitude 81 deg.21'43''; ``6''--latitude 
30 deg.25'07'', longitude 81 deg.21'24''.
    (3) Explosives anchorage. The circular area ``A'' described in 
paragraph (a)(1) of this section is also designated as an explosives 
anchorage for use during periods when ammunition must be handled outside 
the limits of the U.S. Naval Station, Mayport, Fla.
    (b) The regulations for all designated areas. (1) Usage of these 
areas by naval vessels shall predominate only when necessary for 
military requirements; at such times other vessels shall remain clear of 
the areas.
    (2) Prudent assignment of the anchorage areas shall be made by the 
Commanding Officer, U.S. Naval Station, Mayport, Fla.
    (c) Additional regulations for Explosives Anchorage Area ``A''. (1) 
When occupied by a vessel handling explosives, no other vessel may enter 
the area unless authorized by the enforcing agency.
    (2) Only one vessel handling explosives may anchor in the area at 
one time. A patrol craft shall be utilized to assure that other vessels 
remain clear when explosives are exposed or being transferred to and 
from the anchorage.

[[Page 334]]

    (3) No more than 500,000 pounds net high explosives or equivalent 
may be exposed in the area at any one time.
    (d) The regulations in this section shall be enforced by the 
Commanding Officer, U.S. Naval Station, Mayport, Fla., or other agencies 
that he may designate.



Sec. 110.183  St. Johns River, Florida.

    (a) The anchorage grounds--(1) Anchorage A. (Upper Anchorage) The 
Anchorage is established within the following coordinates, the area 
enclosed by a line starting at the south shore westerly of the entrance 
to Miller Creek at

30 deg.18'43.8'' N, 081 deg.38'15.0'' W; thence to
30 deg.18'52.8'' N, 081 deg.38'15.0'' W; thence to
30 deg.18'47.6'' N, 081 deg.37'47.6'' W; thence to
30 deg.18'55.0'' N, 081 deg.37'29.0'' W; thence to
30 deg.19'06.0'' N, 081 deg.37'27.0'' W; thence to
30 deg.19'06.0'' N, 081 deg.37'02.0'' W; thence to
30 deg.19'01.2'' N, 081 deg.37'02.0'' W; thence returning to the point 
    of beginning.

    (2) Anchorage B. (Lower Anchorage) The Anchorage is established 
within the following coordinates, the area enclosed by a line starting 
at a point on the eastern shore of the river at `Floral Bluff' at

30 deg.21'00.0'' N, 081 deg.36'41.0'' W; thence to
30 deg.20'00.0'' N, 081 deg.37'03.0'' W; thence to
30 deg.21'00.0'' N, 081 deg.37'06.0'' W; thence to
30 deg.21'50.0'' N, 081 deg.36'56.0'' W; thence to
30 deg.21'54.0'' N, 081 deg.36'48.0'' W; thence returning to the point 
    of beginning.

    (b) The regulations. (1) Except in cases of emergency or for 
temporary anchorage as authorized in the following subsections, vessels 
must have authorization from the Captain of the Port to anchor in the 
St. Johns River, as depicted on NOAA chart 11491, between the entrance 
buoy (STJ) and the Main Street Bridge (latitude 30 deg.19'20'' N, 
longitude 81 deg.39'32'' W).
    (2) Anchoring within Anchorage A is restricted to vessels less than 
250 feet in length.
    (3) Anchoring within Anchorage B is restricted to vessels with a 
draft of 24 feet or less regardless of length.
    (4) Anchorages A and B are temporary anchorages. Vessels meeting the 
applicable restrictions of subsection (b)(2) or (b)(3) of this section 
may anchor for up to 24 hours without a permit from the Captain of the 
Port. Vessels not meeting the applicable restrictions of subsection 
(b)(2) or (b)(3) must obtain authorization from the Captain of the Port 
before anchoring in Anchorages A or B.

[CGD07-93-035, 60 FR 14220, Mar. 16, 1995]



Sec. 110.185  Atlantic Ocean, off the Port of Palm Beach, FL.

    (a) The anchorage grounds. (1) Anchorage A. The waters lying within 
an area bounded by a line beginning at latitude 26 deg.50'00'' N., 
longitude 80 deg.01'12'' W.; thence westerly to latitude 26 deg.50'00'' 
N., longitude 80 deg.01'30'' W.; thence southerly to latitude 
26 deg.47'30'' N., longitude 80 deg.01'30'' W.; thence easterly to 
latitude 26 deg.47'30'' N., longitude 80 deg.01'12'' W.; and thence 
northerly to the point of beginning.
    (2) Anchorage B. The waters lying within an area bounded by a line 
beginning at latitude 26 deg.45'06'' N., longitude 80 deg.01'12'' W.; 
thence westerly to latitude 26 deg.45'06'' N., longitude 80 deg.01'42'' 
W.; thence southerly to latitude 26 deg.43'48'' N., longitude 
80 deg.01'42'' W.; thence easterly to latitude 26 deg.43'48'' N., 
longitude 80 deg.01'12'' W.; and thence northerly to the point of 
beginning.
    (b) The regulations. (1) Vessels in the Atlantic Ocean near Lake 
Worth Inlet awaiting berthing space at the Port of Palm Beach, shall 
only anchor within the anchorage areas hereby defined and established, 
except in cases of great emergency.
    (2) Vessels anchoring under circumstances of great emergency outside 
the anchorage areas shall be shifted to new positions within the 
anchorage areas immediately after the emergency ceases.

[CGD 7-85-10, 51 FR 11726, Apr. 7, 1986]



Sec. 110.186  Port Everglades, Florida.

    (a) The anchorage grounds. (1) Anchorage A. A rectangular area the 
center of which is approximately two miles northeast of the entrance to 
Port Everglades with the following NAD 83 coordinates:


Latitude                             Longitude                          
                                                                        
26 deg.07'46'' N.                    80 deg.04'51'' W.                  
26 deg.07'46'' N.                    80 deg.05'01'' W.                  
26 deg.06'20'' N.                    80 deg.05'01'' W.                  

[[Page 335]]

                                                                        
26 deg.06'20'' N.                    80 deg.05'10'' W.                  
                                                                        


    (2) Anchorage B. An area bounded by a line connecting points with 
the following NAD 83 coordinates:


Latitude                             Longitude                          
                                                                        
26 deg.07'16'' N.                    80 deg.04'38'' W.                  
26 deg.07'56'' N.                    80 deg.04'34'' W.                  
26 deg.07'56'' N.                    80 deg.02'42'' W.                  
26 deg.07'16'' N.                    80 deg.02'54'' W.                  
                                                                        


    (b) The regulations. (1) Commercial vessels in the Atlantic Ocean in 
the vicinity of Port Everglades shall anchor only within the anchorage 
area hereby defined and established, except in cases of emergency.
    (2) Commercial vessels anchoring under emergency circumstances 
outside the anchorage area shall be shifted to new positions within the 
anchorage area immediately after the emergency ceases.

[CGD 07-91-060, 58 FR 36356, July 7, 1993]



Sec. 110.188   Atlantic Ocean off Miami and Miami Beach, Fla.

    (a) The anchorage grounds. The area to the eastward of a line 
bearing 12 deg. (N. 12 deg. E.) through a point X, which is 1\1/2\ 
nautical miles due east of the intersection of the Miami Beach shore 
line with the north jetty; to the northward of a line bearing 102 deg. 
(S. 78 deg. E.) and intersecting the 12 deg. line at a point A, one-half 
nautical mile north of the said point X; and to the southward of a line 
bearing 102 deg. (S. 78 deg. E.) and intersecting the 12 deg. line at a 
point B, 2\1/2\ nautical miles north of the said point X. The northern 
and southern extremities of the 12 deg. line are marked by spar buoys. 
The entire anchorage area lies north of the entrance channel to Miami 
Harbor.
    (b) The rules and regulations. (1) Except in cases of great 
emergency, no vessel shall be anchored in the Atlantic Ocean in the 
vicinity of the entrances to the approach channels leading to the cities 
of Miami Beach and Miami, Fla., outside of the anchorage area hereby 
defined and established--that is, they shall not anchor shoreward of the 
line first named nor southward of the second nor northward of the third 
line--but may anchor as far to the eastward as may be desired.
    (2) Any vessel anchoring under circumstances of great emergency 
outside of the anchorage area shall be shifted to new berths within the 
area immediately after the emergency ceases.
    (3) All vessels shall lie at anchor with as short a cable as 
conditions will permit.
    (4) A vessel upon being notified to move into the anchorage limits 
or to shift its position on the anchorage ground must get under way at 
once or signal for a tug, and must change position as directed with 
reasonable promptness.
    (5) Whenever the maritime or commercial interests of the United 
States so require, the Captain of the Port, U.S. Coast Guard, Miami, 
Fla., is hereby empowered to shift the position of any vessel anchored 
on the anchorage ground or outside thereof, or of any vessel moored or 
anchored so as to impede or obstruct vessel movements or obstruct or 
interfere with range lights.
    (6) Vessels carrying explosives shall be anchored only under a 
written permit issued by the Captain of the Port and at such point as he 
may direct.
    (7) Vessels carrying explosives shall be at all times in charge of a 
competent person, and must display by day a red flag, of not less than 
16 square feet, at the masthead, or not less than 10 feet above the 
upper deck if the vessel has no mast; at night a red light shall be 
displayed in the positions specified for the red flag.
    (8) Nothing in this paragraph shall be construed as relieving the 
owner or person in charge of any vessel from the penalties of the law 
for obstructing navigation, or for obstructing or interfering with range 
lights, or for not complying with the navigation laws in regard to 
lights, fog signals, or other aids to navigation, or for otherwise 
violating law.



Sec. 110.189a   Key West Harbor, Key West, Fla., naval explosives anchorage area.

    (a) The anchorage ground. A circular area with its center at 
latitude 24 deg.30'50.6'', longitude 81 deg.50'31.6'' with a radius of 
300 yards, for use for ammunition exceeding the prescribed limits for 
pier-side handling.

[[Page 336]]

    (b) The regulations. (1) When occupied by a vessel handling 
explosives, no other vessel may enter the area unless authorized by the 
enforcing agency.
    (2) Only one vessel handling explosives may anchor in the area at 
one time.
    (3) No more than 300,000 pounds net of high explosives or equivalent 
may be handled in the area at any one time.
    (4) The regulations in this section shall be enforced by the 
Commander, U.S. Naval Base, Key West, Fla., and any other agencies he 
may designate.



Sec. 110.190   Tortugas Harbor, in vicinity of Garden Key, Dry Tortugas, Fla.

    (a) The anchorage grounds. All of Bird Key Harbor, southwest of 
Garden Key, bounded by the surrounding reefs and shoals and, on the 
northeast, by a line extending from Fort Jefferson West Channel 
Daybeacon 2 to Fort Jefferson West Channel Daybeacon 4, thence to Fort 
Jefferson West Channel Daybeacon 6, and thence to Fort Jefferson West 
Channel Daybeacon 8.
    (b) The regulations. Except in cases of emergency involving danger 
to life or property, no vessel engaged in commercial fishing or 
shrimping shall anchor in any of the channels harbors, or lagoons in the 
vicinity of Garden Keys, Bush Key, or the surrounding shoals, outside of 
Bird Key Harbor.



Sec. 110.193   Tampa Bay, Fla.

    (a) The anchorage grounds--(1) Explosives anchorage east of Mullet 
Key. A rectangular area in Tampa Bay, approximately 4,459 yards long and 
1,419 yards wide, beginning at latitude 27 deg.38'30'', longitude 
82 deg.39'09'', and extending northeasterly to latitude 27 deg.39'48'', 
longitude 82 deg.37'15''; thence southeasterly to latitude 
27 deg.39'17'', longitude 82 deg.36'46''; thence southwesterly to 
latitude 27 deg.37'52'', longitude 82 deg.38'38''; thence northwesterly 
to the point of beginning.
    (2) Temporary explosives anchorage south of Interbay Peninsula. 
Beginning at a point bearing 107 deg., 1,750 yards from Cut ``F'' Range 
Front Light; thence to a point bearing 125 deg., 2,050 yards, from Cut 
``F'' Range Front Light; thence to a point bearing 180 deg., 1,725 
yards, from Cut ``F'' Range Front Light; thence to a point bearing 
222 deg., 2,180 yards, from Cut ``F'' Range Front Light; thence to a 
point bearing 251 deg., 1,540 yards, from Cut ``F'' Range Front Light; 
and thence to the point of beginning.
    (3) Temporary explosives anchorage off Port Tampa. A circular area 
with a radius of 200 yards with the point at latitude 27 deg.50'22'', 
longitude 82 deg.34'15''.
    (4) Quarantine Anchorage. Southeast of the temporary explosive 
anchorage, beginning at a point bearing 97 deg. true, 4,370 yards, from 
Cut ``F'' Range Front Light; thence to a point bearing 113 deg.30', 
5,370 yards, from Cut ``F'' Range Front Light; thence to a point bearing 
161 deg.30', 3,770 yards, from Cut ``F'' Range Front Light; thence to a 
point bearing 163 deg.30', 2,070 yards, from Cut ``F'' Range Front 
Light; thence to the point of beginning.
    (5) Barge Fleeting Area, Hillsborough Bay. Located 400 feet west of 
Cut ``D'' Channel at a point beginning at latitude 27 deg.54'34'', 
longitude 82 deg.26'35''; thence northerly 1,000 feet to latitude 
27 deg.54'43'', longitude 82 deg.26'40''; thence westerly 500 feet to 
latitude 27 deg.54'41'', longitude 82 deg.26'45''; thence southerly 
1,000 feet to latitude 27 deg.54'32'', longitude 82 deg.26'40''; thence 
easterly 500 feet to the point of beginning.

    Note: This area is reserved for transient barges only. Barges shall 
not occupy this anchorage for a period longer than 96 hours unless 
permission is obtained from the Captain of the Port for this purpose.

    (b) The regulations. (1) The explosives anchorage east of Mullet Key 
shall be used by vessels awaiting loading or unloading at Port Tampa 
that have explosives actually on board and where the duration of 
anchorage will exceed 72 hours.
    (2) The temporary explosives anchorages south of Interbay Peninsula 
and off Port Tampa shall be used for vessels engaged in loading 
explosives when the duration of the anchorage is less than 72 hours.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGFR 69-62, 34 FR 
11582, July 15, 1969; 34 FR 12255, July 15, 1969]



Sec. 110.193a   St. Joseph Bay, Fla.

    (a) The anchorage grounds--(1) Explosives Anchorage Area 1. A 
rectangular area 3,000 yards long by 700 yards wide beginning at a point 
1,350 yards west of

[[Page 337]]

U.S. Highway 98 Bridge over Gulf County Canal. The area is parallel to 
and 450 yards northeast of the north entrance channel to Port St. Joe, 
Florida.
    (2) Explosives Anchorage Area 2. A circular area with a 500-yard 
radius around a center point located at latitude 29 deg.47'30''; 
longitude 85 deg.21'30'', 3,100 yards southeast of FW South Channel 
Light and 5,250 yards south of FW North Channel Light, in St. Joseph 
Bay, Port St. Joe, Florida.
    (b) The regulations. (1) The explosives anchorage areas shall be 
used as temporary anchorage for vessels engaged in loading and unloading 
explosives at the port of Port St. Joe, Florida, when the duration of 
the anchorage period is less than 96 hours.
    (2) No vessel shall occupy this anchorage without obtaining a permit 
from the Captain of the Port.



Sec. 110.194   Mobile Bay, Ala., at entrance.

    (a) The anchorage grounds. The waters within a radius of 750 yards 
from a point located 1,000 yards true north from Fort Morgan Light.
    (b) The regulations. (1) This anchorage shall be used by vessels 
loading or discharging high explosives. It shall also be used by vessels 
carrying dangerous or inflammable cargoes requiring an anchorage. It may 
be used for a general anchorage when not required for vessels carrying 
explosives or dangerous or inflammable cargoes.
    (2) No vessel shall occupy this anchorage without obtaining a permit 
from the Captain of the Port.



Sec. 110.194a   Mobile Bay, Ala., and Mississippi Sound, Miss.

    (a) The anchorage grounds. (1) The waters of lower Mobile Bay, near 
Cedar Point, within an area bounded on the north by latitude 
30 deg.21'00'', on the east by longitude 88 deg.05'00'', on the south by 
latitude 30 deg.20'00'', and on the west by longitude 88 deg.06'00''.
    (2) The waters of Mississippi Sound, south of Biloxi, within an area 
bounded on the north by latitude 30 deg.20'00'', on the east by 
longitude 88 deg.54'00'', on the south by latitude 30 deg.19'00'', and 
on the west by longitude 88 deg.55'00''.
    (b) The regulations. (1) The anchorages are exclusively for the use 
of unmanned barges, canal boats, scows, and other nondescript vessels. 
Such craft shall be so anchored that they will not at any time extend 
outside the limits of the anchorages.
    (2) In emergencies or whenever maritime or commercial interests of 
the United States so require, the Captain of the Port is authorized to 
shift the position of any craft in the anchorages.
    (3) Whenever in the opinion of the Captain of the Port, such action 
may be necessary, any or all craft in these anchorages may be required 
to be moored with two or more anchors.
    (4) No vessel shall be navigated within the anchorages at a speed 
exceeding six knots.



Sec. 110.194b   Mississippi Sound and Gulf of Mexico, near Petit Bois Island, Miss.

    (a) The anchorage grounds--(1) Explosives Anchorage Area No. 1. A 
circular area with a one-half mile radius with its center located at 
latitude 30 deg.14'09'', longitude 88 deg.29'13'', in the waters of 
Mississippi Sound north of the west end of Petit Bois Island.
    (2) Explosives Anchorage Area No. 2. A circular area with a three-
fourths mile radius with its center located at latitude 30 deg.11'12'', 
longitude 88 deg.30'07'', in the waters of Gulf of Mexico south of the 
west end of Petit Bois Island.
    (b) The regulations. (1) The areas shall be used as temporary 
anchorages for vessels engaged in loading and unloading explosives at 
the Port of Pascagoula, Miss.
    (2) No vessel shall occupy the areas without obtaining a permit from 
the Captain of the Port.



Sec. 110.195  Mississippi River below Baton Rouge, La., including South and Southwest Passes.

    (a) The Anchorage Grounds. Unless otherwise specified, all anchorage 
widths are measured from the average low water plane (ALWP).
    (1) Pilottown Anchorage. An area 5.2 miles in length along the right 
descending bank of the river from mile 1.5 to mile 6.7 above Head of 
Passes, extending in width to 1600 feet from the left descending bank of 
the river.

    Caution: A wreck is located within the boundaries of this anchorage. 
Mariners are urged to use caution in this anchorage.


[[Page 338]]


    (2) Lower Venice Anchorage. An area 1.6 miles in length along the 
left descending bank of the river from mile 8.0 to mile 9.6 above Head 
of Passes with the west limit 1,200 feet from the ALWP of the right 
descending bank.

    Caution: A pipeline crossing exists at mile 9.8 AHOP. Mariners are 
urged to use caution between mile 9.6 AHOP and mile 10.0 AHOP.

    (3) Upper Venice Anchorage. An area 1.2 miles in length along the 
left descending bank of the river from mile 10.0 to mile 11.2 above Head 
of Passes with the west limit 1,200 feet from the ALWP of the right 
descending bank.
    (4) Boothville Anchorage. An area 6.3 miles in length along the 
right descending bank of the river extending from mile 12.2 to mile 18.5 
above Head of Passes. The width of the anchorage is 750 feet. The inner 
boundary of the anchorage is a line parallel to the nearest bank 250 
feet from the water's edge into the river as measured from the Low Water 
Reference Plane (LWRP). The outer boundary of the anchorage is a line 
parallel to the nearest bank 1,000 feet from the water's edge into the 
river as measured from the Low Water Reference Plane (LWRP).
    (5) Ostrica Anchorage. An area 1.4 miles in length along the right 
descending bank of the river extending from mile 23.0 to mile 24.4 above 
Head of Passes. The width of the anchorage is 800 feet.
    (6) Port Sulphur Anchorage. An area 2.2 miles in length along the 
left descending bank of the river, 800 feet wide, extending from mile 
37.5 to mile 39.7 above Head of Passes.
    (7) Magnolia Anchorage. An area 2.1 miles in length along the right 
descending bank of the river extending from mile 45.5 to mile 47.6 above 
Head of Passes. The width of the anchorage is 700 feet. The inner 
boundary of the anchorage is a line parallel to the nearest bank 400 
feet from the water's edge into the river as measured from the LWRP. The 
outer boundary of the anchorage is a line parallel to the nearest bank 
1,100 feet from the water's edge into the river as measured from the 
LWRP.
    (8) Point Celeste Anchorage. An area 2.2 miles in length along the 
right descending bank of the river extending from mile 49.8 to mile 52.0 
above Head of Passes. The width of the anchorage is 400 feet. The inner 
boundary of the anchorage is a line parallel to the nearest bank 400 
feet from the water's edge into the river as measured from the LWRP. The 
outer boundary of the anchorage is a line parallel to the nearest bank 
800 feet from the water's edge into the river as measured from the LWRP.
    (9) Davant Anchorage. An area 1.1 miles in length along the left 
descending bank of the river extending from mile 52.8 to mile 53.9 above 
Head of Passes. The width of the anchorage is 800 feet.
    (10) Alliance Anchorage. An area 2.0 miles in length along the right 
descending bank of the river extending from mile 63.8 to mile 65.8 above 
Head of Passes. The width of the anchorage is 400 feet. The inner 
boundary of the anchorage is a line parallel to the nearest bank 400 
feet from the water's edge into the river as measured from the LWRP. The 
outer boundary of the anchorage is a line parallel to the nearest bank 
800 feet from the water's edge into the river as measured from the LWRP.
    (11) Wills Point Anchorage. An area 1.1 miles in length along the 
left descending bank of the river extending from mile 66.5 to mile 67.6 
above Head of Passes. The width of the anchorage is 600 feet. The inner 
boundary of the anchorage is a line parallel to the nearest bank 200 
feet from the water's edge into the river as measured from the LWRP. The 
outer boundary of the anchorage is a line parallel to the nearest bank 
800 feet from the water's edge into the river as measured from the LWRP.
    (12) Cedar Grove Anchorage. An area 1.2 miles in length along the 
right descending bank of the river extending from mile 69.9 to mile 71.1 
above Head of Passes. The width of the anchorage is 500 feet. The inner 
boundary of the anchorage is a line parallel to the nearest bank 200 
feet from the water's edge into the river as measured from the LWRP. The 
outer boundary of the anchorage is a line parallel to the nearest bank 
700 feet from the water's edge into the river as measured from the LWRP.

[[Page 339]]

    (13) Belle Chasse Anchorage. An area 2.1 miles in length along the 
right descending bank of the river extending from mile 73.1 to mile 75.2 
above Head of Passes. The width of the anchorage is 575 feet. The inner 
boundary of the anchorage is a line parallel to the nearest bank 425 
feet from the water's edge into the river as measured from the LWRP. The 
outer boundary of the anchorage is a line parallel to the nearest bank 
1,000 feet from the water's edge into the river as measured from the 
LWRP.
    (14) Lower 12 Mile Point Anchorage. An area 2.2 miles in length 
along the right descending bank of the river extending from mile 78.6 to 
mile 80.8 above Head of Passes. The width of the anchorage is 500 feet. 
The inner boundary of the anchorage is a line parallel to the nearest 
bank 300 feet from the water's edge into the river as measured from the 
LWRP. The outer boundary of the anchorage is a line parallel to the 
nearest bank 800 feet from the water's edge into the river as measured 
from the LWRP.
    (15) Lower 9 Mile Point Anchorage.  An area 2.3 miles in length 
along the right descending bank of the river extending from mile 82.7 to 
mile 85.0 above Head of Passes. The width of the anchorage is 500 feet. 
The inner boundary of the anchorage is a line parallel to the nearest 
bank 300 feet from the water's edge into the river as measured from the 
LWRP. The outer boundary of the anchorage is a line parallel to the 
nearest bank 800 feet from the water's edge into the river as measured 
from the LWRP.
    Caution: A wreck is located within the boundaries of this anchorage. 
Mariners are urged to use caution in this anchorage.

    (16) New Orleans Emergency Anchorage. An area 0.5 miles in length 
along the right descending bank of the river extending from mile 89.6 to 
mile 90.1 above Head of Passes. The width of the anchorage is 550 feet. 
The inner boundary of the anchorage is a line parallel to the nearest 
bank 250 feet from the water's edge into the river as measured from the 
LWRP. The outer boundary of the anchorage is a line parallel to the 
nearest bank 800 feet from the water's edge into the river as measured 
from the LWRP.

    Note: No vessel shall occupy this anchorage unless expressly 
authorized by the Captain of the Port. No vessel may anchor in this 
anchorage exceeding 24 hours without the authorization of the Captain of 
the Port.

    (17) New Orleans General Anchorage. An area 0.8 miles in length 
along the right descending bank of the river extending from mile 90.1 to 
mile 90.9 above Head of Passes. The width of the anchorage is 550 feet. 
The inner boundary of the anchorage is a line parallel to the nearest 
bank 250 feet from the water's edge into the river as measured from the 
LWRP. The outer boundary of the anchorage is a line parallel to the 
nearest bank 800 feet from the water's edge into the river as measured 
from the LWRP.
    (18) Quarantine Anchorage. An area 0.7 miles in length along the 
right descending bank of the river extending from mile 90.9 to mile 91.6 
above Head of Passes. The width of the anchorage is 800 feet.

    Caution: A wreck is located within the boundaries of this anchorage. 
Mariners are urged to use caution in this anchorage.

    Note: Vessels carrying cargos of particular hazard as defined in 33 
CFR 126.10 or cargos of petroleum products in bulk may not be anchored 
in the New Orleans General Anchorage or the Quarantine Anchorage without 
permission from the Captain of the Port.

    Except when required by the United States Public Health Service for 
quarantine inspection, the Quarantine Anchorage may be used as a general 
anchorage.

    (19) Lower Kenner Bend Anchorage. An area 1.0 miles in length along 
the right descending bank of the river extending from mile 113.3 to mile 
114.3 above Head of Passes. The width of the anchorage is 350 feet. The 
inner boundary of the anchorage is a line parallel to the nearest bank 
350 feet from the water's edge into the river as measured from the LWRP. 
The outer boundary of the anchorage is a line parallel to the nearest 
bank 700 feet from the water's edge into the river as measured from the 
LWRP.
    (20) Kenner Bend Anchorage. An area 0.9 miles in length along the 
right descending bank of the river extending from mile 114.7 to mile 
115.6 above Head of Passes. The width of the anchorage is 700 feet.

[[Page 340]]

    (21) Ama Anchorage. An area 1.8 miles in length along the left 
descending bank of the river extending from mile 115.5 to mile 117.3 
above Head of Passes. The width of the anchorage is 400 feet. The inner 
boundary of the anchorage is a line parallel to the nearest bank 300 
feet from the water's edge into the river as measured from the LWRP. The 
outer boundary of the anchorage is a line parallel to the nearest bank 
700 feet from the water's edge into the river as measured from the LWRP.

    Caution: A wreck is located at mile 115.4 left descending bank above 
Head of Passes marked by Mississippi River Wreck Lighted Buoy WR4. 
Mariners are urged to use caution when anchoring in the lower end of 
this anchorage.

    (22) Bonnet Carre Anchorage. An area 1.5 miles in length along the 
left descending bank of the river extending from mile 127.3 to mile 
128.8 above Head of Passes. This area is located adjacent to the river 
end of the Bonnet Carre Spillway. The width of the anchorage is 600 
feet.

    Note: When the Bonnet Carre Spillway is open, no vessel may be 
anchored in the Bonnet Carre Anchorage.

    (23) La Place Anchorage. An area 0.7 miles in length along the left 
descending bank of the river extending from mile 134.7 to mile 135.4 
above Head of Passes. The width of the anchorage is 600 feet.
    (24) Reserve Anchorage. An area 0.5 miles in length along the right 
descending bank of the river extending from mile 137.0 to mile 137.5 
above Head of Passes. The width of the anchorage is 500 feet. The inner 
boundary of the anchorage is a line parallel to the nearest bank 300 
feet from the water's edge into the river as measured from the LWRP. The 
outer boundary of the anchorage is a line parallel to the nearest bank 
800 feet from the water's edge into the river as measured from the LWRP.
    (25) Lower Grandview Reach Anchorage. An area 0.3 miles in length 
along the left descending bank of the river extending from mile 146.4 to 
mile 146.7 above Head of Passes. The width of the anchorage is 500 feet. 
The inner boundary of the anchorage is a line parallel to the nearest 
bank 200 feet from the water's edge into the river as measured from the 
LWRP. The outer boundary of the anchorage is a line parallel to the 
nearest bank 700 feet from the water's edge into the river as measured 
for the LWRP.
    (26) Middle Grandview Reach Anchorage. An area 0.4 miles in length 
along the left descending bank of the river extending from mile 146.8 to 
mile 147.2 above Head of Passes. The width of the anchorage is 500 feet. 
The inner boundary of the anchorage is a line parallel to the nearest 
bank 200 feet from the water's edge into the river as measured from the 
LWRP. The outer boundary of the anchorage is a line parallel to the 
nearest bank 700 feet from the water's edge into the river as measured 
from the LWRP.
    (27) Upper Grandview Reach Anchorage. An area 1.3 miles in length 
along the left descending bank of the river extending from mile 147.5 to 
mile 148.8 above Head of Passes. The width of the anchorage is 500 feet. 
The inner boundary of the anchorage is a line parallel to the nearest 
bank 200 feet from the water's edge into the river as measured from the 
LWRP. The outer boundary of the anchorage is a line parallel to the 
nearest bank 700 feet from the water's edge into the river as measured 
from the LWRP.
    (28) Sunshine Anchorage. An area 2.0 miles in length along the left 
descending bank of the river extending from mile 165.0 to mile 167.0 
above Head of Passes. The width of the anchorage is 450 feet. The inner 
boundary of the anchorage is a line parallel to the nearest bank 350 
feet from the water's edge into the river as measured from the LWRP. The 
outer boundary of the anchorage is a line parallel to the nearest bank 
800 feet from the water's edge into the river as measured from the LWRP.
    (29) White Castle Anchorage. An area 0.7 miles in length along the 
right descending bank of the river extending from mile 190.4 to mile 
191.1 above Head of Passes. The width of the anchorage is 300 feet. The 
inner boundary of the anchorage is a line parallel to the nearest bank 
400 feet from the water's edge into the river as measured from the LWRP. 
The outer boundary of the anchorage is a line parallel to the nearest 
bank 700 feet from the water's edge

[[Page 341]]

into the river as measured from the LWRP.
    (30) Baton Rouge General Anchorage. An area 1.5 miles in length 
along the right descending bank of the river, 1,400 feet wide, extending 
from mile 225.8 to mile 227.3 above Head of Passes.

    Caution: Two wrecks are located within the boundaries of this 
anchorage. Mariners are urged to use caution in this anchorage.

    (31) Lower Baton Rouge Anchorage. An area 0.5 miles in length near 
mid-channel between mile 228.5 and mile 229.0 above Head of Passes with 
the west limit 1,100 feet off the right descending bank and having the 
width of 700 feet at both the upper and lower limits.
    (32) Middle Baton Rouge Anchorage. An area 0.2 miles in length near 
mid-channel between mile 229.6 and mile 229.8 above Head of Passes with 
the west limit 1,100 feet off the right descending bank and having a 
width of 700 feet at both the upper and lower limits.
    (33) Upper Baton Rouge Anchorage. An area 0.4 miles in length near 
mid-channel between mile 230.6 and mile 231.0 above Head of Passes with 
the west limit 1,100 feet off the right descending bank and having a 
width of 1,075 feet at the upper limit and 1,200 feet at the lower 
limit.
    (b) Temporary Anchorages. Temporary anchorages are non-permanent 
anchorages established by the Commander, Eighth Coast Guard District to 
provide additional anchorage space. Establishment of temporary 
anchorages is based on recommendations by the Captain of the Port.
    (2) Each vessel using temporary anchorages shall anchor as 
prescribed by the Captain of the Port.
    (3) Establishment of each temporary anchorage and any requirement 
for the temporary anchorage will be published in the Local Notice of 
Mariners.
    (4) Each person who has notice of any requirement prescribed for a 
temporary anchorage shall comply with that requirement.
    (c) The Regulations. (1) Anchoring in the Mississippi River below 
Baton Rouge, LA., including South and Southwest Passes is prohibited 
outside of established anchorages except in cases of emergency. In an 
emergency, if it becomes necessary to anchor a vessel outside an 
established anchorage, the vessel shall be anchored so that it does not 
interfere with or endanger any facility or other vessel. The master or 
person in charge of the vessel shall notify the Captain of the Port of 
the location of the emergency anchoring by the most expeditious means 
and shall move the vessel as soon as the emergency is over.
    (2) In an emergency, if it becomes necessary to anchor a vessel in 
South Pass or Southwest Pass, the vessel shall be positioned as close to 
the left descending bank as possible.
    (3) No vessel may be anchored unless it maintains a bridge watch, 
guards and answers Channel 16 FM (or the appropriate VTS New Orleans 
sector frequency), maintains an accurate position plot and can take 
appropriate action to ensure the safety of the vessel, structure, and 
other vessels.
    (4) When anchoring individually, or in fleets, vessels shall be 
anchored with sufficient anchors, or secured with sufficient lines, to 
ensure their remaining in place and withstanding the actions of winds, 
currents and the suction of passing vessels.
    (5) No vessel may be anchored over revetted banks of the river or 
within any cable or pipeline area. The locations of revetted areas and 
cable and pipeline areas may be obtained from the District Engineer, 
Corps of Engineers, New Orleans, LA.
    (6) The intention to transfer any cargo while in an anchorage shall 
be reported to the Captain of the Port, giving particulars as to name of 
ships involved, quantity and type of cargo, and expected duration of the 
operation. The Captain of the Port shall be notified upon completion of 
operations. Cargo transfer operations are not permitted in the New 
Orleans General or Quarantine Anchorages. Bunkering and similar 
operations related to ship's stores are exempt from reporting 
requirements.

    Note: Activities conducted within a designated anchorage (e.g. cargo 
transfer, tank cleaning, stack blowing, etc.) may be restricted by other 
Federal, State or local regulations. Owners, or persons in charge of any 
vessel should consider all safety and/or environmental regulations prior 
to engaging in any activity within designated anchorages.


[[Page 342]]


    (7) Nothing in this section relieves the owner or person in charge 
of any vessel from the penalties for obstructing or interfering with 
navigational aids or for failing to comply with the navigation laws for 
lights, day shapes, or fog signals and any other applicable laws and 
regulations.

[CGD 77-028, 46 FR 49850, Oct. 8, 1981, as amended by CGD 77-028, 47 FR 
12793, Mar. 25, 1982; CCGD 8-82-02, 47 FR 53367, Nov. 26, 1982; CCGD 8-
82-13, 48 FR 11269, Mar. 17, 1983; CCGD 8-82-19, 48 FR 53697, Nov. 29, 
1983; CGD 8-84-21, 50 FR 25710, June 21, 1985; CGD 8-83-10, 50 FR 26989, 
July 1, 1985; CGD8-85-02, 50 FR 30269, July 25, 1985; CGD8-87-06, 52 FR 
37614, Oct. 8, 1987; CGD8-88-17, 53 FR 50404, Dec. 15, 1988; CGD08-93-
021, 59 FR 13458, Mar. 22, 1994; CGD08-96-002, 61 FR 16712, Apr. 17, 
1996]



Sec. 110.196   Sabine Pass Channel, Sabine Pass, Tex.

    (a) The anchorage area. The navigable waters of Sabine Pass within a 
trapezoidal area 1,500 feet wide and varying uniformly in length from 
5,800 feet to 3,000 feet with the long side adjacent to the 
northeasterly edge of Sabine Pass Channel at a location opposite the 
town of Sabine Pass.
    (b) The regulations. (1) The anchorage area is for the temporary use 
of vessels of all types, but especially for naval and merchant vessels 
awaiting weather and tidal conditions favorable to the resumption of 
their voyages.
    (2) Except when stress of weather or adverse tides or currents make 
sailing impractical or hazardous, vessels shall not anchor in the 
anchorage area for periods exceeding 48 hours unless expressly 
authorized by the Captain of the Port to anchor for longer periods.
    (3) Vessels shall not anchor so as to obstruct the passage of other 
vessels proceeding to or from available anchorage spaces.
    (4) Anchors shall not be placed channelward from the anchorage area, 
and no portion of the hull or rigging of any anchored vessel shall 
extend channelward from the limits of the anchorage area.
    (5) Vessels using spuds for anchors shall anchor as close to shore 
as practicable having due regard for the provisions in paragraph (b)(3) 
of this section.
    (6) Fixed moorings, piles or stakes, and floats or buoys for marking 
anchorages or moorings in place are prohibited.
    (7) Whenever the maritime or commercial interests of the United 
States so require, the Captain of the Port is hereby empowered to shift 
the position of any vessel anchored or moored within or outside of the 
anchorage area including any vessel which is moored or anchored so as to 
obstruct navigation or interfere with range lights.



Sec. 110.197  Galveston Harbor, Bolivar Roads Channel, Texas.

    (a)(1) Anchorage area (A). The water bounded by a line connecting 
the following points:


                                                                        
            Latitude                             Longitude              
                                                                        
29 deg.20'48.5'' N                94 deg.42'54.0'' W                    
29 deg.20'43.0'' N                94 deg.44'46.5'' W                    
29 deg.21'15.0'' N                94 deg.44'27.0'' W                    
29 deg.21'05.0'' N                94 deg.42'52.0'' W                    
                                                                        


and thence to the point of beginning.
    (2) Anchorage area (B). The water bounded by a line connecting the 
following points:


                                                                        
            Latitude                             Longitude              
                                                                        
29 deg.20'43.0'' N                94 deg.44'46.5'' W                    
29 deg.20'37.0'' N                94 deg.46'08.0'' W                    
29 deg.21'14.0'' N                94 deg.45'50.0'' W                    
29 deg.21'15.0'' N                94 deg.44'27.0'' W                    
                                                                        


and thence to the point of beginning.
    (b) The regulations. (1) The anchorage area is for the temporary use 
of vessels of all types, but especially for naval and merchant vessels 
awaiting weather and other conditions favorable to the resumption of 
their voyages.
    (2) Except when stress of weather makes sailing impractical or 
hazardous, vessels shall not anchor in anchorage area (A) exceeding 48 
hours unless expressly authorized by the Captain of the Port to anchor 
for such longer periods.
    (3) No vessel with a draft of less than 22 feet may occupy anchorage 
(A) without prior approval of the Captain of the Port.
    (4) Vessels shall not anchor so as to obstruct the passage of other 
vessels proceeding to or from available anchorage spaces.
    (5) Anchors shall not be placed in the channel and no portion of the 
hull or

[[Page 343]]

rigging of any anchored vessel shall extend outside the limits of the 
anchorage area.
    (6) Vessels using spuds for anchors shall anchor as close to shore 
as practicable, having due regard for the provisions in paragraph (b)(4) 
of this section.
    (7) Fixed moorings, piles or stakes, and floats or buoys for marking 
anchorages or moorings in place, are prohibited.
    (8) Whenever the maritime or commercial interests of the United 
States so require, the Captain of the Port, or his authorized 
representative, is hereby empowered to direct the movement of any vessel 
anchored or moored within the anchorage area.

[CCGD8-85-21, 55 FR 11369, Mar. 28, 1990]



Sec. 110.205   Chicago Harbor, Ill.

    (a) The anchorage grounds--(1) Anchorage A, exterior breakwater. 
Southwest of a line parallel with and 150 feet southwestward of the 
exterior breakwater; west of a line parallel with and 150 feet west of 
the south extension of the exterior breakwater; northeast of a line 
parallel with and 1,500 feet southwestward of the exterior breakwater; 
and east of a line parallel with the south extension of the exterior 
breakwater and 500 feet eastward of the east face of the filtration 
plant.
    (2) Anchorage B, south arm. West of a line parallel with and 150 
feet west of the south arm of the exterior breakwater; north of a line 
perpendicular to the south arm at its south end; east of a line parallel 
with the south arm, about 2,200 feet therefrom and on line with the east 
face of the Municipal Pier; and south of a line perpendicular to the 
south arm 700 feet from its north end.
    (3) Anchorage C, shore arm. South of a line parallel with and 150 
feet southward of the shore arm of the exterior breakwater; west of a 
line parallel with the south extension of the exterior breakwater, 100 
feet westward of the east end of the shore arm; northwest of a line 
perpendicular to the Lake Shore Drive revetment and 300 feet northwest 
of the northwest corner of the filtration plant; and east of a line 
parallel with and 600 feet lakeward of the Lake Shore Drive revetment.
    (4) Anchorage D, Chicago Harbor Lock South. Beginning at a point 
35.5 feet South (16 feet South of the South face of the Southeast 
guidewall) and 28.0 feet West of the SE Guide Wall Light; thence 
Westerly and parallel to the guidewall 800 feet to a point that is 16 
feet South of the South face of the Southeast guidewall; thence 
Southerly 80 feet to a point that is 96 feet South of the South face of 
the Southeast guidewall; thence Easterly 800 feet to a point that is 96 
feet South of the south face of the southeast guidewall; thence 
Northerly 80 feet to the point of beginning.
    (5) Anchorage E, Chicago Harbor Lock North. Beginning at a point 
156.75 feet North (16 feet North of the North face of the Northeast 
guidewall) and 590 feet West of the SE Guidewall Light; thence Westerly 
and parallel to the guidewall 600 feet to a point that is 16 feet North 
of the North face of the Northeast guidewall; thence Northerly 80 Feet 
to a point that is 96 feet North of the North face of the Northeast 
guidewall; thence Easterly 600 feet to a point that is North of the 
North face of the Northeast guidewall; thence Southerly 80 feet to the 
point of beginning.
    (b) The rules and regulations. (1) Except in cases of emergency, no 
vessel may be anchored in Chicago Harbor outside of the anchorage 
grounds in paragraph (a) of this section or the special anchorage areas 
prescribed in Sec. 110.83.
    (2) Anchors must not be placed outside the anchorage areas, nor 
shall any vessel be so anchored that any portion of the hull or rigging 
shall at any time extend outside the boundaries of the anchorage area.
    (3) Any vessel anchoring under circumstances of great emergency 
outside of the anchorage areas must be placed near the edge of the 
channel and in such position as not to interfere with the free 
navigation of the channel nor obstruct the approach to any pier nor 
impede the movement of any boat, and shall move away immediately after 
the emergency ceases, or upon notification by the Captain of the Port.
    (4) The maneuvering of a vessel by means of a dragged anchor, except 
within an established anchorage ground or in stress of weather or to

[[Page 344]]

avoid collision, is prohibited. Unnecessary maneuvering in any of the 
anchorage grounds is prohibited.
    (5) The directions of the Captain of the Port assigning vessels to 
parts of the anchorage grounds suitable to their draft, requiring 
vessels to anchor bow and stern, requiring shifting the anchorage of any 
vessel within any anchorage ground for the common convenience, or for 
otherwise enforcing this section, shall be promptly executed by owners, 
masters, and persons in charge of vessels.
    (6) Nothing in this section shall be construed as relieving the 
owner or person in charge of any vessel from the penalties of the law 
for obstructing navigation or for obstructing or interfering with range 
lights, or for not complying with the navigation laws in regard to 
lights, fog signals, or for otherwise violating law.
    (7) No vessel may use anchorages A, B, D, and E except commercial 
vessels operated for profit. No person may place floats or buoys for 
making moorings or anchors in place in anchorages A and B. No person may 
place fixed moorings piles or stakes in anchorages A and B. (Mooring 
facilities are available adjacent to the lakeside guidewalls of the 
Chicago Harbor Lock in anchorages D and E.) All vessels using anchorages 
D and E shall moor against pile clusters adjacent to the respective 
anchorage.
    Any time barges are moored in anchorage D or E, a manned towing 
vessel shall be present in one of these anchorages. Exceptions to this 
surveillance requirement are allowable for periods not to exceed one 
hour.
    (8) No commercial vessels operated for profit that measure 50 gross 
tons or more may anchor in anchorage C. Temporary floats or buoys for 
marking moorings or anchors in place may be used in anchorage C. No 
person may place a fixed mooring pile or stake in anchorage C.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGFR 70-65a, 36 
FR 7967, Apr. 28, 1971; CGD9-85-01, 50 FR 29224, July 18, 1985]



Sec. 110.206  Detroit River, Michigan.

    (a) The Anchorage grounds. Belle Isle Anchorage. The area is in the 
Detroit River immediately downstream from Belle Isle on the the U.S. 
side of the International Boundary lyng within the following boundaries: 
beginning at a point bearing 250 T, 5400 feet from the James Scott 
Memorial Fountain (42 20' 06'' . 82 59' 57'' W.) at the West 
end of Belle Isle; then 251 T, 3000 feet; thence 341 T, 800 feet; thence 
071 T, 3000 feet; thence 161 T, 800 feet to the point of beginning.
    (b) The regulations. (1) Vessels shall be anchored so as not to 
swing into the channel or across steering courses.
    (2) The Belle Isle Anchorage area is for the temporary use of 
vessels of all types, but especially for naval and merchant vessels 
awaiting berths, weather, or other conditions favorable to the 
resumptions of their voyage.
    (3) No vessel may be anchored unless it maintains a continuous 
bridge watch, guards and answers channel 16 FM and channel 12 FM (VTC 
SARNIA sector frequency), maintains an accurate position plot and can 
take appropriate action to ensure the safety of the vessel, structures 
and other vessels.
    (4) Vessels may not anchor in the Belle Isle Anchorage for more than 
72 hours without permission of the Captain of the Port of Detroit.

[CGD09 85-05, 51 FR 21357, June 12, 1986]



Sec. 110.207   Cleveland Harbor, Ohio.

    (a) The anchorage grounds--(1) West anchorage. The northwesterly 
portion of the West Basin between the northwest limits of the West Basin 
and a line parallel to and 1,050 feet distant from the West Breakwater; 
and from the southwest limits of the West Basin to a line perpendicular 
to the West Breakwater, 2,050 feet southwesterly along the West 
Breakwater from Cleveland West Breakwater Light.
    (2) East anchorage. The southeasterly portion of the East Basin 
between the mainland and a line parallel to and 1,250 feet distant from 
the East Breakwater; from opposite Cleveland East Entrance Light to a 
due north line passing through the flashing white light on the Allied 
Oil Company dock.
    (3) Explosives anchorage. In Lake Erie, northwest of Cleveland 
Harbor East Breakwater, and including a rectangular area marked by four 
white spar buoys at the following true bearings

[[Page 345]]

and distances from Cleveland East Pierhead Light: 38 deg.30', 2,050 
feet; 68 deg., 2,050 feet; 57 deg., 7,050 feet; and 49 deg., 7,050 feet.
    (b) The regulations. (1) The west and east anchorages are general 
anchorages.
    (2) Use of the explosives anchorage shall be subject to the 
supervision of the Captain of the Port.



Sec. 110.208   Buffalo Harbor, N.Y.

    (a) The anchorage grounds--(1) Explosives Anchorage A. Inside the 
south section of the main breakwater 700 feet wide starting at a point 
500 feet southerly from the south end of the north section and extending 
approximately 153 deg. true, 3,000 feet parallel to the line of the 
south section of the main breakwater.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 77-210, 44 FR 
50040, Aug. 27, 1979]



Sec. 110.210  San Diego Harbor, CA.

    (a) The anchorage grounds. (1) Special anchorage for U.S. Government 
vessels (NAD 83). The waters bounded by a line connecting the following 
points:


                                                                        
            Latitude                             Longitude              
                                                                        
32 deg.42'13.2'' N                117 deg.14'11.0'' W                   
32 deg.41'12.0'' N                117 deg.14'00.3'' W                   
                                                                        

and thence along the shoreline to the point of beginning.
    (2) Special anchorage for U.S. Government vessels (NAD 83). The 
waters bounded by a line connecting the following points:


                                                                        
            Latitude                             Longitude              
                                                                        
32 deg.43'25.6'' N                117 deg.12'46.1'' W                   
32 deg.43'25.3'' N                117 deg.12'52.0'' W                   
32 deg.43'08.2'' N                117 deg.12'58.0'' W                   
32 deg.42'57.9'' N                117 deg.12'54.0'' W                   
                                                                        

and thence easterly along the northern boundary of the channel to:


                                                                        
            Latitude                             Longitude              
                                                                        
32 deg.43'05.0'' N                117 deg.11'30.5'' W                   
32 deg.43'27.2'' N                117 deg.11'14.0'' W                   
                                                                        

and thence along the shoreline of Harbor Island to the point of 
beginning.
    (3) ``B'' Street Merchant Vessel Anchorage (NAD 83). The waters 
bounded by a line connecting the following points:


                                                                        
            Latitude                             Longitude              
                                                                        
32 deg.43'00.8'' N                117 deg.10'36.3'' W                   
32 deg.43'00.8'' N                117 deg.11'23.0'' W                   
32 deg.43'05.0'' N                117 deg.11'30.5'' W                   
32 deg.43'27.2'' N                117 deg.11'14.0'' W                   
32 deg.43'20.2'' N                117 deg.10'53.0'' W                   
                                                                        

and thence due east to the shoreline, and thence along the shoreline and 
pier to the point of beginning.
    (b) The regulations. (1) The anchorages described in paragraphs 
(a)(1) and (a)(2) of this section are reserved exclusively for the 
anchorage of vessels of the United States Government and of authorized 
harbor pilot boats. No other vessels shall anchor in this area except by 
special permission obtained in advance from the Commander, Naval Base, 
San Diego, CA. The administration of these anchorages is exercised by 
the Commander, Naval Base, San Diego, CA.
    (2) The area described in paragraph (a)(3) of this section is 
reserved for the use of merchant vessels calling at the Port of San 
Diego while awaiting a berth. The administration of this anchorage is 
exercised by the Port Director, San Diego Unified Port District.
    (3) Vessels anchoring in San Diego Harbor shall leave a free passage 
for other craft and shall not obstruct the approaches to the wharves in 
the harbor.

[CCGD11-85-06, 51 FR 19753, June 2, 1986, as amended by CGD11-90-08, 56 
FR 9852, Mar. 8, 1991]



Sec. 110.212   Newport Bay Harbor, Calif.

    (a) The anchorage grounds--(1) Temporary Anchorage C-1. Southeast of 
a line parallel to and 170 feet from the pierhead line at the east end 
of Lido Isle; north of a line parallel to and 250 feet north of a line 
bearing 268 deg. from Newport Bay Channel Light 11, this line being the 
north line of the main fairway; northwest of a line 120 feet in length 
bearing 203 deg. from the point of the pierhead line off the west end of 
Harbor Island; and southwest of the pierhead line off the northeast 
shore of Lido Isle extended.

[[Page 346]]

    (2) Temporary Anchorage C-2. A parallelogram-shaped area, 100 feet 
wide and 400 feet long, lying 100 feet bayward from and parallel to the 
existing pierhead line, and adjoining and on the north side of Anchorage 
C-3 described in paragraph (a)(3) of this section.
    (i) Vessels may anchor temporarily in Temporary Anchorages C-1 and 
C-2 when necessary and space permits, but shall move promptly when the 
necessity passes or upon order of the harbor master.
    (ii) Vessels anchoring in Temporary Anchorages C-1 and C-2 shall 
comply with all applicable Pilot Rules, including that requiring anchor 
lights at night.
    (iii) Floats or buoys for marking anchors or mooring in place and 
fixed mooring piles or stakes are prohibited.
    (3) Anchorage C-3. A parallelogram-shaped area, 100 feet wide and 
500 feet long, lying 100 feet bayward from and parallel to the existing 
pierhead line, and adjoining and on the south side of Temporary 
Anchorage C-2 described in paragraph (a)(2) of this section.
    (i) This area is reserved for recreational and other small craft.
    (ii) Fore and aft moorings will be allowed in this area conforming 
to Orange County Harbor Ordinance No. 490 and other local harbor 
regulations for recreational and small craft of such size and alignment 
as permitted by the harbor master.
    (iii) All vessels using this area are required to maintain anchor 
lights from sunset to sunrise.
    (b) The regulations. (1) Vessels may anchor temporarily in these 
areas when necessary and space permits, but shall move promptly when the 
necessity passes or upon order of the harbor master.
    (2) Vessels anchoring in these areas shall comply with all 
applicable Pilot Rules, including that requiring anchor lights at night.
    (3) Floats or buoys for marking anchors or moorings in place and 
fixed mooring piles or stakes are prohibited.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CCGD11-85-02, 51 
FR 2883, Jan 22, 1986]



Sec. 110.214  Los Angeles and Long Beach Harbors, California.

    (a) The anchorage grounds--(1) Commercial Anchorage A (Los Angeles 
Harbor). An area enclosed by a line beginning at Los Angeles Light, 
latitude 33 deg.42'30.8''N., longitude 118 deg.15'02.3''W.; thence 
northerly to latitude 33 deg.42'50.2''N., longitude 118 deg.15'40.0''W.; 
thence along the southern edge of the Deep Channel Fairway, which is 
described as follows:

                       Latitude          Longitude

      33 deg.42'45.1'' N.        118 deg.16'03.9'' W.
      33 deg.42'37.9'' N.        118 deg.16'08.9'' W.
      33 deg.42'35.6'' N.        118 deg.16'18.9'' W.
      33 deg.42'37.7'' N.        118 deg.16'23.3'' W.
      33 deg.42'45.2'' N.        118 deg.16'25.7'' W.
      33 deg.42'50.8'' N.        118 deg.16'35.4'' W.
      33 deg.42'48.6'' N.        118 deg.16'38.4'' W.

thence along the eastern boundary of General Anchorage N to the San 
Pedro Breakwater at latitude 33 deg.42'26.8''N., longitude 
118 deg.16'30.9''W.; thence southeasterly and easterly along the San 
Pedro Breakwater to the beginning point.
    (i) In this anchorage the requirements of commerical ships 
conducting bunkering operations shall predominate.
    (ii) Lightering operations are prohibited in this anchorage.
    (iii) No vessel may anchor in this anchorage for a period longer 
than 24 hours without permission from the Captain of the Port.
    (2) Commercial Anchorage B (Los Angeles and Long Beach Harbors). An 
area enclosed by a line beginning at the southwestern corner of 
Reservation Point at latitude 33 deg.43'18.0'' N., longitude 
118 deg.16'00.2'' W.; thence east southeasterly to latitude 
33 deg.43'13.8'' N., longitude 118 deg.15'51.4'' W.; thence 
northeasterly to latitude 33 deg.44'00.9'' N., longitude 
118 deg.13'11.2'' W.; thence northwesterly to the southern edge of the 
eastern extension of the Naval Base Mole at latitude 33 deg.44'32.3'' 
N., longitude 118 deg.13'24.3'' W.; thence southwesterly along the Naval 
Base Mole to Naval Base Mole Light 2 at latitude 33 deg.44'25.5'' N., 
longitude 118 deg.13'49.0'' W.; thence northwesterly along the Naval 
Base Mole to latitude 33 deg.44'37.1'' N., longitude 118 deg.14'34.0'' 
W.; thence southeasterly to latitude 33 deg.44'14.2'' N., longitude

[[Page 347]]

118 deg.14'25.0'' W.; thence southwesterly to the east end of breakwater 
extension of the south containment dike, latitude 33 deg.44'07.8'' N., 
longitude 118 deg.14'45.7'' W.; thence southwesterly along the southern 
edge of the south containment dike to Fish Harbor Channel Light 3 at 
latitude 33 deg.43'48.8'' N., longitude 118 deg.15'52.7'' W.; thence 
west southwesterly along the southern edge of Fish Harbor west jetty 
until it intersects Reservation Point; thence along the eastern and 
southern shoreline of Reservation Point to the beginning point.
    (i) In this anchorage the requirements of commercial vessels shall 
predominate.
    (ii) Bunkering operations are permitted in this anchorage.
    (iii) Lightering operations are prohibited in this anchorage.
    (iv) Anchorage B may be used by any vessel granted an extended 
anchorage permit in accordance with paragraph (b)(6) of this section.
    (v) Each vessel in this anchorage shall be anchored in such a 
position as not to interfere with the free navigation of the Fish Harbor 
Channel.
    (3) Commercial Anchorage C (Los Angeles and Long Beach Harbors). An 
area enclosed by a line beginning at Lost Angeles Main Channel Entrance 
Light 2, latitude 33 deg.42'38.8" N., longitude 118 deg.14'37.5" W; 
thence northwesterly to the southernmost point of Commercial Anchorage 
B, latitude 33 deg.43'13.8" N., longitude 118 deg.15'51.4" W.; thence 
northeasterly to latitude 33 deg.44'12.1" N., longitude 118 deg.12'32.3" 
W.; thence southeasterly to Long Beach Light, latitude 33 deg.43'23.5" 
N., longitude 118 deg.11'09.4" W.; thence westerly along the Middle 
Breakwater to the beginning point.
    (i) In this anchorage the requirements of commercial vessels shall 
predominate. In the eastern portion of this anchorage, within the area 
defined by the 18m (approximately 59 ft.) depth curve, the requirements 
of vessels over 244m (approximately 800 ft.) in length overall or having 
a draft over 12m (approximately 39 ft.) shall predominate. Each lesser 
draft vessel shall anchor away from this deeper portion of the anchorage 
so as not to interfere with the anchoring of vessels having a draft over 
12m (approximately 39 ft.).
    (ii) Bunkering and lightering operations are permitted in this 
anchorage.
    (iii) In the eastern portion of this anchorage, within the area 
defined by the 18m (approximately 59 ft.) depth curve, no vessel may 
anchor for longer than 48 hours without permission from the Captain of 
the Port.
    (4) Commercial Anchorage D (Long Beach Harbor). The waters bounded 
by a line connecting the following points:

                                                                        
            Latitude                             Longitude              
                                                                        
33 deg.43'23.5''N                 118 deg.10'51.2''W                    
33 deg.43'23.5''N                 118 deg.09'50.4''W                    
33 deg.44'25.8''N                 118 deg.09'50.2''W                    
33 deg.44'18.9''N                 118 deg.11'10.5''W                    
33 deg.44'10.9''N                 118 deg.11'07.7''W                    
33 deg.43'58.3''N                 118 deg.11'07.7''W                    
33 deg.43'58.6''N                 118 deg.11'44.7''W                    
                                                                        

and thence to the point of beginning.
    Datum: NAD 83
    (i) In this anchorage the requirements of commercial ships over 244m 
(approximately 800 ft.) shall predominate.
    (ii) Bunkering and lightering operations are permitted in this 
anchorage.

    Note: A portion of this anchorage is within the Explosives Anchorage 
Area, when the explosive anchorage is activated by the Captain of the 
Port. See Sec. 110.214(a)(17).

    (5) Commercial Anchorage E (Long Beach Harbor). An area enclosed by 
a line beginning at the southeastern point of Pier J at latitude 
33 deg.44'18.6'' N, longitude 118 deg.11'06.7'' W.; thence northerly to 
latitude 33 deg.45'06.5'' N., longitude 118 deg.11'06.7'' W.; thence 
easterly to the southern lighted marker on Island White at latitude 
33 deg.45'06.3'' N., longitude 118 deg.09'31.0'' W.; thence 
southeasterly to latitude 33 deg.44'35.5'' N., longitude 
118 deg.08'10.1'' W.; thence southerly to latitude 33 deg.44'19.0'' N., 
longitude 118 deg.08'10.1'' W.; thence westerly to the southwest lighted 
marker on Island Chaffee at latitude 33 deg.44'20.0'' N., longitude 
118 deg.08'20.0'' W.; thence westerly to the southeast lighted marker on 
Island Freeman at latitude 33 deg.44'23.6'' N., longitude 
118 deg.09'39.1'' W.; thence along the south shore of Island Freeman to 
the southwest lighted marker at latitude 33 deg.44'25.2'' N., longitude 
118 deg.09'46.0'' W.; thence westerly to the beginning point.
    (i) In this anchorage the requirements of commercial ships shall 
predominate.

[[Page 348]]

    (ii) Bunkering and lightering operations are prohibited in this 
anchorage.

    Note: A portion of this Anchorage is within the Explosive Anchorage 
Area, when the explosive anchorage is activated by the Captain of the 
Port. See Sec. 110.214(a)(17).

    (6) Commercial Anchorage F (Outside of Long Beach Breakwater). The 
area southeast of the Long Beach Breakwater enclosed by a line beginning 
at latitude 33 deg.43'05.1''N., longitude 118 deg.07'56.2''W.; thence 
westerly to latitude 33 deg.43'05.1''N., longitude 118 deg.10'33.5''W.; 
thence southeasterly to latitude 33 deg.40'23.3''N., longitude 
118 deg.08'32.5''W.; thence easterly to latitude 33 deg.40'23.3''N., 
longitude 118 deg.06'00.0''W.; thence to the beginning point.
    (i) In this anchorage the requirements of commercial ships over 244m 
(approximately 800 ft.) in length overall or having a draft over 12 
meters (approximately 39 ft.) shall predominate.
    (ii) Bunkering and lightering operations are prohibited in this 
anchorage.

    Note: A portion of this anchorage is within the Explosive Anchorage 
Area, when the explosive anchorage is activated by the Captain of the 
Port. See Sec. 110.214(a)(17).

    (7) Commercial Anchorage G (Outside of the Middle Breakwater). The 
area south of the middle breakwater enclosed by a line beginning at 
latitude 33 deg.43'05.3''N., longitude 118 deg.11'15.3''W.; thence 
westerly to latitude 33 deg.43'05.3''N., longitude 118 deg.12'15.7''W.; 
thence southwesterly parallel to the breakwater to latitude 
33 deg.42'25.9''N., longitude 118 deg.14'16.0''W.; thence southeasterly 
to latitude 33 deg.41'40.5''N., longitude 118 deg.13'02.0''W.; thence 
northeasterly to latitude 33 deg.42'08.6''N., longitude 
118 deg.11'33.8''W.; thence to the beginning point.
    (i) In this anchorage the requirements of commercial ships shall 
predominate.
    (ii) Bunkering and lightering operations are prohibited in this 
anchorage.
    (iii) Vessels 30 meters or over in length, towing vessels of 8 
meters or over in length engaged in towing, every vessel of 100 gross 
tons and upward carrying one or more passengers of hire while 
navigating, and each dredge and floating plant engaged in operations 
shall not enter anchorage G unless:
    (A) In an emergency;
    (B) Proceeding to anchor in or departing from Commercial Anchorage 
G;
    (C) Standing by with confirmed pilot boarding arrangements; or,
    (D) Engaged in towing vessels to or from Commercial Anchorage G.
    (8) Naval Anchorage J (Long Beach Harbor). An area enclosed by a 
line beginning at Naval Base Mole Light 5, latitude 33 deg.44'40.0''N., 
longitude 118 deg.12'59.8''W.; thence west southwest along the southerly 
edge of the Naval Base Mole to latitude 33 deg.44'32.3''N., longitude 
118 deg.13'24.3''W.; thence southeasterly along a line perpendicular to 
the Naval Base Mole which is the eastern boundary of Commercial 
Anchorage B to the northern boundary of Commercial Anchorage C at 
latitude 33 deg.44'00.9''N., longitude 118 deg.13'11.2''W.; thence 
northeasterly along the northern boundary of Commercial Anchorage C 
until that line intersects the western edge of the Long Beach Channel at 
latitude 33 deg.44'12.1''N., longitude 118 deg.12'32.3''W.; thence 
northwesterly along the western edge of the Long Beach Channel to the 
beginning point.
    (i) In this anchorage the requirements of the U.S. Navy shall 
predominate.
    (ii) No recreational or commercial vessel may anchor in this 
anchorage without first obtaining permission from the Captain of the 
Port.
    (iii) Bunkering and lightering operations are prohibited in this 
anchorage.
    (9) Naval Anchorage K (Long Beach Harbor). An area enclosed by a 
line beginning at Long Beach Breakwater East End Light 1, latitude 
33 deg.43'23.5" N., longitude 118 deg.08'10.1" W.; thence northerly to 
latitude 33 deg.44'19.0" N., longitude 118 deg.08'10.1" W.; thence 
westerly to the Southwest Lighted Marker on Island Chaffee at latitude 
33 deg.44'20.0" N., longitude 118 deg.08'20.0" W.; thence westerly to 
the Southeast Lighted Marker on Island Freeman at latitude 
33 deg.44'23.6" N., longitude 118 deg.09'39.1" W.; thence along the 
southern shore to the Southwest Lighted Marker on Island Freeman at 
latitude 33 deg.44'25.2" N., longitude 118 deg.09'46.0" W.; thence 
southerly to the Long Beach Breakwater at latitude 33 deg.43'23.5" N., 
longitude 118 deg.09'46.4" W.; thence easterly along the Long Beach 
Breakwater to the beginning point.

[[Page 349]]

    (i) In this anchorage the requirements of the U.S. Navy shall 
predominate.
    (ii) No recreational or commercial vessel may anchor in this 
anchorage without first obtaining permission from the Captain of the 
Port. When granting permission, preference will be given to the 
requirements of vessels over 244m (approximately 800 ft.) in length.
    (iii) Bunkering operations are permitted in this anchorage.
    (iv) Lightering operations are prohibited in this anchorage.
    (v) This anchorage may be designated an explosive anchorage. See 
Sec. 110.214(a)(17).
    (10) General Anchorage N (Los Angeles Harbor). An area enclosed by a 
line beginning at latitude 33 deg.43'04.0''N., longitude 
118 deg.16'44.4''W.; thence southerly to the San Pedro Breakwater at 
latitude 33 deg.42'26.8''N., longitude 118 deg.16'30.9''W.; thence along 
the San Pedro shoreline to the beginning point.
    (i) In this anchorage the requirements of recreational and other 
small craft shall predominate.
    (ii) Anchoring, mooring, and recreational boating activities 
conforming to applicable City of Los Angeles ordinances and regulations 
adopted pursuant thereto are allowed in this anchorage.
    (11) General Anchorage O (Los Angeles Harbor). An area enclosed by a 
line beginning at the east end of the south containment dike breakwater 
extension, latitude 33 deg.44'07.8'' N., longitude 118 deg.14'45.7'' W.; 
thence southwesterly to the intersection of the south and east 
containment dikes, latitude 33 deg.44'04.6'' N., longitude 
118 deg.14'56.9'' W.; thence northwesterly along the east containment 
dike to the Terminal Island shoreline, latitude 33 deg.44'37.9'' N., 
longitude 118 deg.15'10.9'' W.; thence along the Terminal Island 
shoreline to latitude 33 deg.44'37.1'' N., longitude 118 deg.14'34.0'' 
W.; thence southeasterly to latitude 33 deg.44'14.2'' N., longitude 
118 deg.14'25.0'' W.; thence southwesterly to the beginning point.
    (i) In this anchorage the requirements of recreational and other 
small craft shall predominate.
    (ii) Anchorage, mooring, and boating activities conforming to 
applicable City of Los Angeles ordinances and regulations adopted 
pursuant thereto are allowed in this anchorage.
    (12) General Anchorage P (Long Beach Harbor). An area enclosed by a 
line beginning at Alamitos Bay West Jetty Light ``1'' at latitude 
33 deg.44'14.2'' N., longitude 118 deg.07'16.2'' W.; thence 
northwesterly to the northwest corner of Nonanchorage W at latitude 
33 deg.44'20.6'' N., longitude 118 deg.07'28.5'' W.; thence 
northwesterly to the southern lighted marker on Island White at latitude 
33 deg.45'06.3'' N., longitude 118 deg.09'31.0'' W.; thence along the 
eastern shoreline of Island White to the northern lighted marker at 
latitude 33 deg.45'13.5'' N., longitude 118 deg.09'31.0'' W.; thence 
northwesterly to latitude 33 deg.45'37.1'' N., longitude 
118 deg.10'35.5'' W.; thence northerly to the shoreline at latitude 
33 deg.45'49.6'' N., longitude 118 deg.10'35.5'' W.; thence easterly and 
southerly along the Long Beach shoreline and the Alamitos Bay west jetty 
to the beginning point.
    (i) In this anchorage the requirements of recreational and other 
small craft shall predominate.
    (ii) Anchoring, mooring and recreational boating activities 
conforming to applicable City of Long Beach ordinances and regulations 
adopted pursuant thereto are allowed in this anchorage.
    (13) General Anchorage Q (Long Beach Harbor/Alamitos Bay/Anaheim 
Bay). Beginning at the northeastern corner of Commercial Anchorage E at 
latitude 33 deg.44'35.5'' N., longitude 118 deg.08'10.1'' W.; thence 
southeasterly to the northwestern corner of Nonanchorage W at latitude 
33 deg.44'20.6'' N., longitude 118 deg.07'28.5'' W., thence along the 
southern boundary of Nonanchorage W (a semicircle with a 460m 
(approximately 1,509 ft.) radius that is centered mid-channel on a line 
between Alamitos Bay West Jetty Light 1 and Alamitos Bay Jetty Light 2) 
to latitude 33 deg.44'04.6''N., longitude 118 deg.06'58.2''W.; thence 
northwesterly to Alamitos Bay East Jetty Light 2, latitude 
33 deg.44'11.3''N., longitude 118 deg.07'09.8''W.; thence northeasterly 
along the eastern edge of the Alamitos Bay East Jetty 460m 
(approximately 1,509 ft.) to latitude 33 deg.44'23.9''N., longitude 
118 deg.07'01.1''W.; thence easterly to the southern most point of the 
east

[[Page 350]]

bank of the San Gabriel River at latitude 33 deg.44'22.8''N., longitude 
118 deg.06'53.7''W.; thence along the southern shoreline of Seal Beach 
until the shoreline intersects the Anaheim Bay West Jetty; thence along 
the western edge of the Anaheim Bay West Jetty to the Anaheim Bay Light 
5, latitude 33 deg.43'39.1''N., longitude 118 deg.06'03.3''W.; thence 
westerly to the southeast corner of Nonanchorage V at latitude 
33 deg.43'27.3''N., longitude 118 deg.07'36.8''W.; thence northwesterly 
to the northeast corner of Nonanchorage V at latitude 
33 deg.43'38.4''N., longitude 118 deg.07'45.5''W.; thence westerly to 
the northwest corner of Nonanchorage V at latitude 33 deg.43'38.4''N., 
longitude 118 deg.08'10.1''W.; thence to the beginning point.
    (i) Bunkering and lightering operations are prohibited in this 
anchorage.

    Note: A portion of this anchorage is within the Explosive Anchorage 
Area, when the explosive anchorage is activated by the Captain of the 
Port. See Sec. 110.214.(a)(17).

    (14) Nonanchorage U (Los Angeles Harbor). An area enclosed by a line 
beginning at latitude 33 deg.44'00.0'' N., longitude 118 deg.15'12.2'' 
W.; thence southerly to latitude 33 deg.43'48.7'' N., longitude 
118 deg.15'06.4'' W.; thence easterly to latitude 33 deg.43'49.7'' N., 
longitude 118 deg.15'03.9'' W.; thence northerly to latitude 
33 deg.44'01.1'' N., longitude 118 deg.15'09.2'' W.; thence along the 
south containment dike to the beginning point.
    (i) No vessel may anchor or moor in this anchorage.
    (ii) Dragging, seining, fishing operations, and other activities 
which might foul underwater installations within this nonanchorage area 
are prohibited.

    Note: This nonanchorage is established for protection of a submerged 
outfall of sewer pipeline.

    (15) Nonanchorage V (Long Beach Harbor). An area enclosed by a line 
beginning at Long Beach Breakwater East End Light 1, latitude 
33 deg.43'23.5" N., longitude 118 deg.08'10.1" W.; thence northerly to 
latitude 33 deg.43'38.4" N., longitude 118 deg.08'10.1" W.; thence 
easterly to latitude 33 deg.43'38.4" N., longitude 118 deg.07'45.5" W.; 
thence southeasterly to latitude 33 deg.43'27.3" N., longitude 
118 deg.07'36.8" W.; thence to the beginning point.
    (i) No vessel may anchor or moor in this nonanchorage.
    (ii) Dragging, seining, fishing operations, and other activities 
which might foul underwater installations within this nonanchorage are 
prohibited.

    Note: This nonanchorage is established for protection of a submerged 
pipeline.

    (16) Nonanchorage W (Mouth of Entrance Channel to Alamitos Bay). 
Nonanchorage Area W is a semicircle with a 460m (approximately 1,509 
ft.) radius that is centered at midchannel on a line between Alamitos 
Bay West Jetty Light 1 and Alamitos Bay East Jetty Light 2 and which 
extends seaward from that line.
    (i) No vessel may anchor or moor in this nonanchorage.
    (17) Explosives Anchorage (Long Beach Harbor). A circular area with 
its center at latitude 33 deg.43'37.0''N., longitude 
118 deg.09'02.5''W., and a radius of 1,745m (approximately 5,725 ft.).
    (i) No vessel containing more than 680 metric tons (approximately 
749 tons) of explosives may anchor in this anchorage.
    (ii) Each anchored vessel loading, unloading, or laden with 
explosives, must display a red flag of at least 1.2 square meters 
(approximately 16 square feet) in size by day, and at night the flag 
must be illuminated by spotlight.
    (iii) When a vessel displaying the signal required by 
Sec. 110.214(a)(17)(ii) occupies the Explosives Anchorage, no other 
vessel may anchor within the Explosives Anchorage.

    Note: When the Explosives Anchorage is activated, Anchorage K and 
portions of Anchorage D, E, F, and Q are encompassed by the Explosives 
Anchorage.

    (18) Nonanchorage X (Long Beach Harbor). Mouth of the Los Angeles 
River (Queensway Bay). The waters extending westward and northward to 
the head of navigation from a line beginning at the southeastern point 
of Pier J at latitude 33 deg.44'18.6'' N., longitude 118 deg.11'06.7'' 
W.; thence northerly to latitude 33 deg.45'06.5'' N., longitude 
118 deg.11'06.7'' W.; thence easterly to the southern lighted marker on 
Island White at latitude 33 deg.45'06.3'' N., longitude 
118 deg.09'31.0'' W.; thence along the eastern shoreline of Island White 
to the northern lighted marker

[[Page 351]]

at latitude 33 deg.45'13.5'' N., longitude 118 deg.09'31.0 W.; thence 
northwesterly to latitude 33 deg.45'37.1'' N., longitude 
118 deg.10'35.5'' W.; thence northerly to the shoreline at latitude 
33 deg.45'49.6'' N., longitude 118 deg.10'35.5'' W.
    (i) In Nonanchorage X the requirements of recreational and other 
small craft shall predominate.
    (ii) No vessel may anchor in this area.
    (iii) Mooring and recreational boating activities which conform to 
applicable City of Long Beach ordinances and regulations adopted 
pursuant thereto are allowed in Nonanchorage X.
    (b) General regulations. (1) Within Los Angeles and Long Beach 
Harbors and the U.S. navigable waters of the Los Angeles-Long Beach 
Precautionary Zone, anchoring is prohibited outside of designated 
anchorages except:
    (i) In cases of emergency; or
    (ii) Unless specific permission is obtained from the Captain of the 
Port to anchor outside of a designated anchorage.
    (2) When, due to an emergency, a vessel is anchored outside of a 
designated anchorage the master or person in charge of the vessel shall:
    (i) Position the vessel so that it does not interfere with or 
endanger any facility or other vessel;
    (ii) Notify the Captain of the Port of the location of and reason 
for emergency anchoring; and
    (iii) Move the vessel as soon as the emergency is over.
    (3) Upon anchoring within and departure from an anchorage the master 
or person in charge of a vessel shall notify the Captain of the Port by 
the most expeditious means.

    Note: The Captain of the Port guards VHF-FM Channel 16 (156.8 MHZ).

    (4) The master or person in charge of each anchored vessel unable to 
get underway within 4 hours shall:
    (i) Notify the Captain of the Port by the most expeditious means; 
and
    (ii) Ensure a second anchor is backed out and ready for use.
    (5) The Captain of the Port may require a vessel in an anchorage to 
have a watchman on board at all times.
    (6) Except as otherwise prescribed in this section, no vessel may 
occupy an anchorage inside of the San Pedro-Long Beach Breakwater for 
more than 10 consecutive days unless an extended anchorage permit is 
granted by the Captain of the Port. In determining whether an extended 
anchorage permit will be granted, consideration will be given, but not 
limited, to the current and anticipated demand for anchorage space 
within the harbor, the length of time requested and the reason for the 
request.

    Note: Commercial Anchorages A and C have additional time 
restrictions. See Sec. 110.214(a)(1)(iii) and Sec. 110.214(a)(3)(iii).

    (7) The Captain of the Port may permit vessels to anchor in 
channels. Permission is not necessary for vessels engaged on works of 
river and harbor improvement under the supervision of the District 
Engineer, Corps of Engineers, if the District Engineer has notified the 
Captain of the Port in advance of all such proposed work.
    (8) No vessel may be anchored so that it will swing within 60m 
(approximately 197 ft.) of any permanent improvements except in an 
emergency.
    (9) No anchor may be placed outside the anchorages, nor may any 
vessel be so anchored that any portion of its hull or rigging extends 
outside the boundaries of the anchorages.
    (10) No vessel may be anchored in any anchorage in such a manner as 
to interfere with the use of an authorized mooring buoy.
    (11) The master or person in charge of each vessel to be lightered 
shall notify the Captain of the Port by the most expeditious means when 
the lightering vessel arrives alongside and again when the lightering 
vessel departs.

    Note: The Captain of the Port guards VHF-FM Channel 16 (156.8 MHZ).

    (12) No vessel, while carrying, loading, or unloading Division 1.1, 
1.2, 1.3, or 1.4 (explosive) materials as defined in 49 CFR 173.50 or 
cargoes of particular hazard as listed by Sec. 126.10 of this chapter, 
may be anchored in an anchorage without permission from the Captain of 
the Port.

    Note: In granting permission, the Captain of the Port considers the 
current and future activities in the harbors and the safety problems 
relating to the anchorage. The Captain of the Port will advise the Port 
of Long

[[Page 352]]

Beach Authorities and the Port of Los Angeles Authorities of anchorage 
assignments under the following conditions:
    (i) Cargoes of Particular Hazard as defined in Sec. 126.10 of this 
chapter, any amount.
    (ii) Division 1.1 or 1.2 (explosive) materials (as defined in 49 CFR 
173.50), any amount.
    (iii) Division 1.3 (explosive) materials (as defined in 49 CFR 
173.50), in excess of 1 net ton at any one time.
    (iv) Division 1.4 (explosive) materials (as defined in 49 CFR 
173.50), in excess of 10 net tons at any one time.

    (13) No vessel being dismantled, or undergoing major alterations may 
anchor in an anchorage without permission of the Captain of the Port.
    (14) The Captain of the Port may, upon request, authorize a 
deviation from any rule in this section if that officer determines the 
proposed operations can be done safely.
    (15) Nothing in this section may be construed as relieving any 
vessel from the penalties of law for obstructing navigation or for not 
complying with the navigation laws or any other laws or regulations.

[CGD 77-227, 45 FR 30432, May 8, 1980, as amended by CGD 11-80-08, 47 FR 
19519, May 6, 1982; CGD 11-82-01, 47 FR 56354, Dec. 16, 1982; CGD 82-
046, 48 FR 1958, Jan. 17, 1983; CCGD 11-85-02, 51 FR 2883, Jan 22, 1986; 
CCGD 11-89-14, 55 FR 154, Jan. 3, 1990; CCGD11-93-007, 59 FR 5952, Feb. 
9, 1994; CGD 92-050, 59 FR 39965, Aug. 5, 1994]



Sec. 110.215  Anaheim Bay Harbor, California; U.S. Naval Weapons Station, Seal Beach, California; Naval Explosives Anchorage.

    (a) The anchorage ground. The waters of Anaheim Bay Harbor between 
the east side of the Entrance Channel and the East Jetty, and the west 
side of the Entrance Channel and the West Jetty as outlined in the 
following two sections:

                                                                        
                 Latitude                            Longitude          
                                                                        
  (1) East Side:                                                        
33 deg.44'03.0'' N                         118 deg.05'35.0'' W          
33 deg.43'53.0'' N                         118 deg.05'15.0'' W          
33 deg.43'49.0'' N                         118 deg.05'18.0'' W          
33 deg.43'36.5'' N                         118 deg.05'56.0'' W          
33 deg.43'37.0'' N                         118 deg.05'57.0'' W          
33 deg.44'03.0'' N                         118 deg.05'35.0'' W          
                                                                        


                                                                        
                 Latitude                            Longitude          
                                                                        
  (2) West Side:                                                        
33 deg.44'05.0'' N                         118 deg.05'40.0'' W          
33 deg.44'06.0'' N                         118 deg.05'56.5'' W          
33 deg.44'01.0'' N                         118 deg.06'01.0'' W          
33 deg.43'40.5'' N                         118 deg.06'03.0'' W          
33 deg.43'39.5'' N                         118 deg.06'02.0'' W          
33 deg.44'05.0'' N                         118 deg.05'40.0'' W          
                                                                        

    (b) The regulations. (1) This area is reserved for use of naval 
vessels carrying or transferring ammunition or explosives under standard 
military restrictions as established by the Safety Manual, Armed Service 
Explosives Board.
    (2) No pleasure or commercial craft shall navigate or anchor within 
this area at any time without first obtaining permission from the 
Commanding Officer, Naval Weapons Station, Seal Beach, California. This 
officer will extend full cooperation relating to public use of the area 
and will fully consider every reasonable request for the passage of 
small craft in light of requirements for national security and safety of 
persons and property.
    (3) Nothing in this section shall be construed as relieving the 
owner or operator of any vessel from the regulations contained in 
Sec. 204.195 of Title 33, covering navigation in Anaheim Bay Harbor.
    (4) The regulations in this section shall be administered by the 
Commanding Officer U.S. Naval Weapons Station, Seal Beach, California 
and by such agencies as he may designate, and enforced by the Captain of 
the Port, Los Angeles-Long Beach, California.

[CGD11-87-07, 53 FR 878, Jan. 14, 1988]



Sec. 110.216   Pacific Ocean at Santa Catalina Island, Calif.

    (a) The anchorage grounds--(1) Descanso Bay. Shoreward of a line 
connecting the promontories known as White Rock and Casino Point.
    (2) Isthmus Cove. All the waters bounded by a line connecting the 
following coordinates, beginning at 33 deg.-27'-12'' N, 118 deg.-30'-
05'' W (the promontory known as Lion Head); thence southeast to 33 deg.-
26'-55.5'' N, 118 deg.-28'-44'' W; thence west-southwest to 33 deg.-
26'50'' N, 118 deg.-29'-08'' W; thence southwest to 33 deg.-26'-39'' N, 
118 deg.-29'-19'' W; thence along the shoreline returning to the point 
of origin, excluding the following-described non-anchorage area: an area 
300 feet wide (170 feet west and 130

[[Page 353]]

feet east of the centerline of the Catalina Island Steamship Line pier), 
extending 1600 feet from the foot of the pier, and an area 150 feet 
seaward of the shoreline extending approximately 1500 feet east and 1500 
feet northwest of the centerline of said pier.

                              Datum: NAD 83

    (b) The regulations. (1) The Descanso Bay anchorage is reserved for 
yachts and other small craft. Floats or buoys for marking anchors or 
moorings in place will be allowed in this area. Fixed mooring piles or 
stakes are prohibited.
    (2) The Isthmus Cove anchorage shall be available for anchorage of 
all types of craft. Temporary floats or buoys for marking anchors or 
moorings in place will be allowed in this area. Fixed mooring piles or 
stakes are prohibited.
    (3) The non-anchorage area described in paragraph (a)(2) of this 
section shall be used only by commercial vessels. Commercial vessels of 
15 feet draft or over may anchor in this area seaward of the Catalina 
Island Steamship Line pier during hours between sunrise and sunset. The 
use of this area for anchorage is forbidden to all other craft at all 
times. Fixed mooring piles or stakes and floats or buoys for marking 
anchors or moorings in place are prohibited.
    (4) The instructions of the Captain of the Port requiring vessels to 
anchor bow and stern, or with two bow anchors, or requiring shifting the 
anchorage of any vessel within the anchorage grounds for the common 
safety or convenience, or for otherwise enforcing the regulations in 
this section, shall be promptly complied with by owners, masters, and 
persons in charge of vessels.
    (5) Nothing in this section shall be construed as relieving the 
owner or person in charge of any vessels or plant from the penalties of 
law for obstructing navigation or for obstructing or interfering with 
range lights, or for not complying with the navigation laws in regard to 
lights, fog signals, or for otherwise violating law.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD11-95-001, 60 
FR 29759, June 6, 1995]



Sec. 110.218  Pacific Ocean at San Clemente Island, Calif.; in vicinity of Wilson Cove.

    (a) The anchorage grounds. Shoreward on a line beginning at a point 
on the beach bearing 153 deg. true, 1,400 yards, from Wilson Cove Light; 
thence 62 deg. true, 0.67 nautical mile, thence 332 deg. true, 1.63 
nautical miles; thence 241 deg.31' true to the shore line.
    (b) The regulations. (1) This area is reserved exclusively for 
anchorage of United States Government vessels or vessels temporarily 
operating under Government direction, and no vessel, except in an 
emergency, shall anchor in the area without first obtaining permission 
from the Commandant, Eleventh Naval District, or the Senior Naval 
Officer present who shall in turn notify the Commandant promptly.
    (2) No vessel shall anchor in such a manner as to unreasonably 
obstruct the approach to the wharf.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CCGD11-85-02, 51 
FR 2883, Jan 22, 1986]



Sec. 110.220   Pacific Ocean at San Nicolas Island, Calif.; restricted anchorage areas.

    (a) The restricted areas--(1) East area. All waters within a circle 
having a radius of one nautical mile centered at latitude 
33 deg.13'45'', longitude 119 deg.25'50'' (the former position of San 
Nicolas Island East End Light), which point bears approximately 
101 deg., 420 yards, from San Nicolas Island East End Light.
    (2) West area. Shoreward of a line bearing 276 deg. true from San 
Nicolas Island south side light a distance of six nautical miles; thence 
to a point bearing 270 deg. true, two nautical miles, from the 
westernmost point of the island; thence 60 deg. to a point due north of 
the northernmost point of the island; thence 180 deg. true to the shore.
    (b) The regulations. Except in an emergency, no vessel shall anchor 
in these restricted areas without authority of the Commandant, Eleventh 
Naval District. Cargo vessels destined for San Nicolas Island may anchor 
in the east area for unloading or loading.

[[Page 354]]



Sec. 110.222   Pacific Ocean at Santa Barbara Island, Calif.

    (a) The anchorage grounds. Shoreward of a line beginning at the 
Santa Barbara Island Light on the northeast end of the island and 
bearing 23 deg. true a distance of 1.515 nautical miles seaward from the 
beach; thence 140 deg.30' true, 2.54 nautical miles; thence 212 deg.30' 
true, 2.30 nautical miles; thence 296 deg.30' true, 0.96 nautical mile; 
and thence 325 deg. true to the beach.
    (b) The regulations. The anchorage shall be available for anchorage 
of all types of craft. Temporary floats or buoys for marking anchors in 
place will be permitted in this area.



Sec. 110.224  San Francisco Bay, San Pablo Bay, Carquinez Strait, Suisun Bay, Sacramento River, San Joaquin River, and connecting waters, CA.

    (a) General regulations. (1) Within the navigable waters of San 
Francisco Bay, San Pablo Bay, Carquinez Strait, Suisun Bay, New York 
Slough, San Joaquin River Deep Water Channel, the Stockton Turning 
Basin, the Sacramento River Deep Water Ship Channel between Suisun Bay 
and the east end of the West Sacramento Turning Basin, and connecting 
waters, anchoring is prohibited outside of designated anchorages except 
when required for safety or with the written permission of the Captain 
of the Port. Each vessel anchoring outside an established anchorage area 
shall immediately notify the Captain of the Port of her position and 
reason for anchoring.
    (2) No vessel may permanently moor in areas adjacent to the San 
Joaquin River Deep Water Channel except with the written permission of 
the Captain of the Port.
    (3) Each vessel anchoring for safety reasons in the San Joaquin 
River Deep Water Channel, the Sacramento River Deep Water Ship Channel, 
or the Stockton or West Sacramento Turning Basins shall be positioned as 
near to the edge of the channel or turning basin as possible so as not 
to interfere with navigation, or obstruct the approach to any pier, 
wharf, slip, or boat harbor and shall move as soon as the reason for 
anchoring no longer exists or when notified to move by the Captain of 
the Port.
    (4) No vessel may anchor within a tunnel, cable, or pipeline area 
shown on a Government chart.
    (5) No vessel may moor, anchor, or tie up to any pier, wharf, or 
other vessel in such a manner as to extend into an adjacent channel or 
fairway.
    (6) No vessel in such a condition that it is likely to sink or 
otherwise become a menace or obstruction to navigation or anchorage of 
other vessels may occupy an anchorage, except when unforeseen 
circumstances create conditions of imminent peril to personnel and then 
only for such period as may be authorized by the Captain of the Port.
    (7) Each vessel carrying explosives shall only anchor in an 
explosives anchorage except as authorized by paragraph (a)(1) or (a)(17) 
of this section.
    (8) No vessel other than a vessel under Federal supervision may go 
alongside or in any manner moor to any Government-owned vessel, mooring 
buoy, or pontoon boom, their anchor cables, or any of their appendages. 
No vessel other than a vessel under Federal supervision may obstruct or 
interfere in any manner with the mooring, unmooring, or servicing of 
vessels owned by the United States.
    (9) The Captain of the Port may require any vessel in a designated 
anchorage area to moor with two or more anchors.
    (10) Each vessel that will not have sufficient personnel on board to 
weigh anchor at any time shall anchor with two anchors with mooring 
swivel, unless otherwise authorized by the Captain of the Port.
    (11) Deep-draft vessels shall take precedence over vessels of 
lighter draft in the deeper portions of all anchorages. Light-draft 
barges and vessels shall anchor away from the deeper portions of the 
anchorage so as not to interfere with the anchoring of deep-draft 
vessels. Should circumstances warrant, the Captain of the Port may 
require lighter draft vessels to move to provide safe anchorage, 
particularly in Anchorages 7 and 9, for deep-draft vessels.

[[Page 355]]

    (12) Barges towed in tandem to any anchorage shall nest together 
when anchoring.
    (13) Each vessel that is notified by the Captain of the Port or his 
authorized representative to shift her position shall promptly shift her 
position.
    (14) No person may use these anchorages for any purpose other than 
the purpose stated in these anchorage regulations.
    (15) Where these regulations require that a vessel notify the 
Captain of the Port, the operator of the vessel shall transmit such 
report to the San Francisco Vessel Traffic Service.

    Note: Vessel Traffic Service guards VHF-FM Channel 13 (156.65 MHz) 
and Channel 14 (156.70 MHz).

    (16) Nothing in this section may be construed as relieving any 
vessel or the owner or person in charge of any vessel from the penalties 
of law for obstructing or interfering with range lights or for not 
complying with the laws relating to lights, day signals, and fog signals 
and other navigation laws and regulations.
    (17) The District Engineer, Corps of Engineers, may issue written 
permission for anchoring a single barge carrying explosives in 
quantities considered by the District Engineer as safe and necessary in 
the vicinity of work being done directly under the District Engineer 
supervision or under a Department of the Army permit. When issuing such 
a permit, the District Engineer shall prescribe the conditions under 
which the explosives must be stored and handled and shall furnish a copy 
of the permit and a copy of the rules and regulations for storing and 
handling to the Captain of the Port.
    (b) Naval anchorages. In addition to the general regulations in 
paragraph (a) of this section, the following regulations apply to each 
naval anchorage described in this section.
    (1) Naval anchorages are intended for public vessels of the United 
States, but may be used by other vessels when not required for use by 
public vessels.
    (2) Other vessels using a naval anchorage shall promptly notify the 
Captain of the Port upon anchoring and upon departure and shall be 
prepared to move within one hour upon notice should the anchorage be 
required for public vessels.
    (c) Explosive anchorages. In addition to the general regulations in 
paragraph (a) of this section, the following regulations apply to each 
explosives anchorage described in this section.
    (1) Explosives anchorages and, where established, surrounding 
forbidden anchorage zones, are temporarily activated as needed by the 
Captain of the Port. When not activated, explosives anchorages and 
surrounding forbidden anchorage zones become part of the general 
anchorage which encompasses them or, if not located within the 
boundaries of a general anchorage, become available for general 
navigation.
    (2) Notice of activation and deactivation of explosives anchorages 
will be disseminated by Coast Guard Broadcast Notice to Mariners.
    (3) Each vessel which anchors in an explosives anchorage or 
surrounding forbidden anchorage zone while such anchorage is not 
activated shall be prepared to move within one hour if the anchorage is 
activated.
    (4) Unless otherwise authorized by the Captain of the Port:
    (i) No vessel may anchor in an activated explosives anchorage except 
vessels loaded with, loading, or unloading explosives.
    (ii) No vessel may enter or remain in an activated explosives 
anchorage except (A) vessels loaded with, loading or unloading 
explosives, (B) lighters or barges delivering cargo to or from such 
vessels, or (C) a tug authorized by paragraph (c)(7)(iii) of this 
section.
    (iii) No vessel carrying explosives or on which explosives are to be 
loaded may enter or remain in an activated explosives anchorage without 
written permission from the Captain of the Port. Such a permit must be 
obtained before entering the anchorage and may be revoked at any time.
    (iv) No vessel may anchor in the forbidden anchorage zone 
surrounding an activated explosives anchorage.
    (5) Each vessel loaded with, loading, or unloading explosives, while 
within an explosives anchorage, shall display by day at her masthead, or 
at least 10 feet above the upper deck if the vessel has no mast, a red 
flag at least 16 square feet in area.

[[Page 356]]

    (6) Each passing vessel shall reduce speed as necessary so as to 
insure that its wake does not interfere with cargo transfer operations 
aboard any vessel displaying a red flag in an explosives anchorage.
    (7) The Captain of the Port may:
    (i) Issue permission to any vessel carrying flammable solids, 
oxidizing materials, corrosive liquids, flammable liquids, compressed 
gases, or poisonous substances to occupy a berth in an activated 
explosives anchorage. Such a permit must be obtained before entering the 
anchorage and may be revoked at any time.
    (ii) Require any person having business on board a vessel which is 
loaded with, loading, or unloading explosives to have a document that is 
acceptable to the Coast Guard for identification purposes and to show 
that document to the Captain of the Port.
    (iii) Require a non-self-propelled vessel, or a self-propelled 
vessel that is unable to maneuver under its own power, that occupies an 
activated explosives anchorage to be attended by a tug.
    (d) Anchorage grounds. (1) Table 110.224(d)(1) lists anchorage 
grounds, identifies the purpose of each anchorage, and contains specific 
regulations applicable to certain anchorages.
    (2) The geographic boundaries of each anchorage are contained in 
paragraph (e) of this section.

                           Table 110.224(d)(1)                          
------------------------------------------------------------------------
                                                            Specific    
 Anchorage No.     General location        Purpose        regulations   
------------------------------------------------------------------------
 4.............  San Francisco Bay...  General.......  Notes a,b.       
 5.............  ......do............  ......do......      Do.          
 6.............  ......do............  ......do......  Note a.          
 7.............  ......do............  ......do......  Notes a,b,c,d,e. 
 8.............  ......do............  ......do......  Notes a,b,c.     
 9.............  ......do............  ......do......  Notes a,b.       
10.............  ......do............  Naval.........  Note a.          
12.............  ......do............  Explosives....  Notes a,f.       
13.............  ......do............  ......do......  Notes a,e,g.     
14.............  ......do............  ......do......  Notes a,f,h.     
18.............  San Pablo Bay.......  General.......  .................
19.............  do..................  do............  Note b.          
20.............  ......do............  ......do......  .................
21.............  ......do............  Naval.........  .................
22.............  Carquinez Strait....  General.......  .................
23.............  Benicia.............  General.......  Notes c,d,e,l.   
24.............  Carquinez Strait....  General.......  Note j.          
26.............  Suisun Bay..........  ......do......  Note k.          
27.............  ......do............  ......do......  .................
28.............  San Joaquin River...  ......do......  .................
30.............  ......do............  Explosives....  .................
------------------------------------------------------------------------
Notes: a. When sustained winds are in excess of 25 knots each vessel    
  greater than 300 gross tons using this anchorage shall maintain a     
  continuous radio watch on VHF channel 13 (156.65 MHz) and VHF channel 
  14 (156.70 MHz). This radio watch must be maintained by a person who  
  fluently speaks the English language.                                 
b. Each vessel using this anchorage may not project into adjacent       
  channels or fairways.                                                 
c. This anchorage is primarily for use by vessels requiring a temporary 
  anchorage waiting to proceed to pier facilities or other anchorage    
  grounds. This anchorage may not be used by vessels for the purpose of 
  loading any dangerous cargoes or combustible liquids unless authorized
  by the Captain of the Port.                                           
d. Each vessel using this anchorage may not remain for more than 12     
  hours unless authorized by the Captain of the Port.                   
e. Each vessel using this anchorage shall be prepared to move within 1  
  hour upon notification by the Captain of the Port.                    
f. The maximum total quantity of explosives that may be on board a      
  vessel using this anchorage shall be limited to 3,000 tons.           
g. The maximum total quantity of explosives that may be on board a      
  vessel using this anchorage shall be limited to 50 tons except that,  
  with the written permission of the Captain of the Port, each vessel in
  transit, loaded with explosives in excess of 50 tons, may anchor      
  temporarily in this anchorage provided that the hatches to the holds  
  containing explosives are not opened.                                 
h. Each vessel using this anchorage will be assigned a berth by the     
  Captain of the Port on the basis of the maximum quantity of explosives
  that will be on board the vessel.                                     
i. [Reserved]                                                           
j. Each vessel using this anchorage shall promptly notify the Captain of
  the Port, upon anchoring and upon departure.                          
k. See Sec.  162.270 of this title establishing restricted areas in the 
  vicinity of the Maritime Administration Reserve Fleet.                
l. Vessels using this anchorage must exceed 15 feet draft, have engines 
  on standby, and have a pilot on board.                                

    (e) Boundaries.
    (1) Anchorage No. 4. Bounded by the west shore of San Francisco Bay 
and the following lines: Beginning on the shore southwest of Point San 
Quentin at latitude 37 deg.56'28'' N., longitude 122 deg.28'54'' W.; 
thence east-southeasterly to latitude 37 deg.55'55'' N., longitude 
122 deg.26'49'' W., thence southwesterly to latitude 37 deg.54'13'' N., 
longitude 122 deg.27'24'' W., thence southeasterly to the shore of 
Tiburon Peninsula at Point Chauncey at latitude 37 deg.53'40.5'' N., 
longitude 122 deg.26'55'' W. When Explosives Anchorage No. 13 is 
activated by the Captain of the Port, it and the forbidden anchorage 
zone surrounding it are excluded from Anchorage No. 4.
    (2) Anchorage No. 5, Southampton Shoal. In San Francisco Bay at 
Southampton Shoal bounded by a line connecting the following 
coordinates:

                                                                        
            Latitude                             Longitude              
                                                                        
375548" N.                        1222552" W; to                        
375550" N.                        1222632" W; to                        

[[Page 357]]

                                                                        
375449" N.                        1222639" W; to                        
375403" N.                        1222606" W; to                        
375325" N.                        1222530" W; to                        
375323" N.                        1222509" W; to                        
375519" N.                        1222533" W; to                        
375542" N.                        1222545" W; thence back to            
375548" N.                        1222552" W.                           
                                                                        

    (3) Anchorage No. 6. Bounded by the east shore of San Francisco Bay 
and the following lines: Beginning at the shore of the southernmost 
extremity of Point Isabel at latitude 37 deg.53'46'' N., longitude 
122 deg.19'19'' W.; thence westerly along the north shore of Brooks 
Island to the jetty extending westerly therefrom; thence westerly along 
the jetty to its bayward end at latitude 37 deg.54'13'' N., longitude 
122 deg.23'27'' W.; thence south-southeasterly to latitude 
37 deg.49'53'' N.; longitude 122 deg.21'39'' W.; thence southeasterly to 
latitude 37 deg.49'32.5'' N., longitude 122 deg.21'20.5'' W.; thence 
easterly to latitude 37 deg.49'34'' N., longitude 122 deg.20'13'' W.; 
thence east-southeasterly to latitude 37 deg.49'30'' N., longitude 
122 deg.19'45.5'' W.; thence east-northeasterly to the shore at 
Emeryville at latitude 37 deg.50'04'' N., longitude 122 deg.17'41'' W.; 
excluding from this area, however, the channel to Berkeley Marina 
delineated by lines joining the following points:

                                                                        
                 Latitude                            Longitude          
                                                                        
375208 N.,                                 1221907 W.                   
375203 N.,                                 1221917.5 W.                 
375200 N.,                                 1221915.5 W.                 
375101 N.,                                 1222207 W.                   
375043 N.,                                 1222200 W.                   
375053 N.,                                 1222132 W.                   
375147 N.,                                 1221859 W.                   
                                                                        

    (4) Anchorage No. 7, Treasure Island. In San Francisco Bay at 
Treasure Island bounded a line connecting the following coordinates:

                                                                        
                 Latitude                            Longitude          
                                                                        
374936 N.,                                 1222240 W; to                
375000 N.,                                 1222257 W; to                
375000 N.,                                 1222344 W; to                
374922.5 N.,                               1222344 W; to                
374840.5 N.,                               1222238 W; to                
374900.0 N.,                               1222216 W; thence along the  
                                            shore to                    
374936 N.,                                 1222240 W.                   
                                                                        

    (5) Anchorage No. 8. In San Francisco Bay bounded by the west shore 
of the Naval Air Station, Alameda, and the following lines: Beginning at 
Oakland Inner Harbor Light 2 at latitude 37 deg.47'52" N., longitude 
122 deg.19'54" W.; thence west-northwesterly to latitude 37 deg.48'03" 
N., longitude 122 deg.20'57.5" W.; thence south-southwesterly to 
latitude 37 deg.47'56" N., longitude 122 deg.21'22.5" W.; thence 
southwesterly to latitude 37 deg.47'26" N., longitude 122 deg.21'41" W.; 
thence south-southeasterly to latitude 37 deg.47'00" N., longitude 
122 deg.21'30" W.; thence southeasterly to Alameda Naval Air Station 
Channel Entrance Lighted Bell Buoy 1 at latitude 37 deg.46'38" N., 
longitude 122 deg.20'24" W.; thence easterly to latitude 37 deg.46'37" 
N., longitude 122 deg.19'56" W.; thence northerly to the shore of the 
Naval Air Station, Alameda, at latitude 37 deg.46'57" N., longitude 
122 deg.19'52.5" W.
    (6) Anchorage No. 9. In San Francisco Bay bounded on the north by 
the shore, the breakwater and turning basin at the Alameda Naval Air 
Station and a line beginning at the Alameda Naval Air Station Channel 
Light 6 at latitude 37 deg.46'23" N., longitude 122 deg.19'02" W.; 
thence westerly to the Alameda Naval Air Station Channel Entrance 
Lighted Buoy 2 at latitude 37 deg.46'27" N., longitude 122 deg.20'24.5" 
W.; thence west-southwesterly to the San Francisco Bay South Channel 
Lighted Buoy 1 at latitude 37 deg.46'08" N., longitude 122 deg.21'45" 
W.; thence south-southeasterly to San Bruno Shoal Channel Light 1 at 
latitude 37 deg.41'44" N., longitude 122 deg.20'17.5" W.; thence south-
southeasterly to San Bruno Shoal Channel Light 5 at latitude 
37 deg.38'37" N., longitude 122 deg.18'43" W.; thence southeasterly to 
latitude 37 deg.36'05" N., longitude 122 deg.14'13.5" W.; thence east-
northeasterly to the shore at latitude 37 deg.37'38.5" N., longitude 
122 deg.09'02" W., and bounded on the east by the shore; including all 
of San Leandro Bay excluding the pipeline areas therein. When Explosives 
Anchorage No. 12 or No. 14 is activated by the Captain of the Port, that 
anchorage and the forbidden anchorage zone surrounding it are excluded 
from Anchorage No. 9.
    (7) Anchorage No. 10. In San Francisco Bay bounded by the east shore 
of Sausalito and the following lines: Beginning on the shore of 
Sausalito at latitude 37 deg.51'20" N., longitude 122 deg.28'38"

[[Page 358]]

W.; thence southeasterly to latitude 37 deg.50'57.5" N., longitude 
122 deg.27'57" W.; thence southwesterly to the shore of Sausalito at 
latitude 37 deg.50'36" N., longitude 122 deg.28'34" W.
    (8) Anchorage No. 12. In San Francisco Bay east of the city of San 
Francisco a circular area having a radius of 500 yards centered at 
latitude 37 deg.44'32.5" N., longitude 122 deg.20'27.5" W. A 667-yard-
wide forbidden anchorage zone surrounds this anchorage.
    (9) Anchorage No. 13. In San Francisco Bay east of the Tiburon 
Peninsula a circular area having a radius of 333 yards centered at 
latitude 37 deg.55'26" N., longitude 122 deg.27'27" W. A 667-yard-wide 
forbidden anchorage zone surrounds this anchorage except where such zone 
would extend beyond the limits of Anchorage No. 4.

    Note: See Sec. 110.224(e)(2) for a description of Anchorage No. 4.

    (10) Anchorage No. 14. In San Francisco Bay east of Hunters Point an 
area 1,000 yards wide and 2,760 yards long, the end boundaries of which 
are semicircles, with radii of 500 yards and center, respectively at 
latitude 37 deg.42'52" N., longitude 122 deg.19'32.5" W., and latitude 
37 deg.42'14" N., longitude 122 deg.18'47" W.; and the side boundaries 
of which are parallel tangents joining the semicircles. A 667-yard-wide 
forbidden anchorage zone surrounds this anchorage.
    (11) Anchorage No. 18. In San Pablo Bay bounded by the west shore of 
San Pablo Bay and the following lines: Beginning at the shore at Point 
San Pedro at latitude 37 deg.59'16" N., longitude 122 deg.26'47" W.; 
thence easterly to latitude 37 deg.59'16" N., longitude 122 deg.26'26" 
W.; thence northerly to latitude 38 deg.03'46" N., longitude 
122 deg.25'52.5" W.; thence northwesterly to the shore south of the 
entrance to Novato Creek at latitude 38 deg.05'13.5" N., longitude 
122 deg.29'04" W.; excluding from this area, however, the channel to 
Hamilton Field and the extension of this channel easterly to the 
boundary of the anchorage, and the pipeline area therein.
    (12) Anchorage No. 19. In San Pablo Bay bounded by the northeast 
shore of San Pablo Bay and the following lines: Beginning at the shore 
of Tubbs Island at latitude 38 deg.07'39" N., longitude 122 deg.25'18" 
W.; thence southerly to latitude 38 deg.00'36" N., longitude 
122 deg.25'20" W.; thence northeasterly to latitude 38 deg.03'13" N., 
longitude 122 deg.19'46" W.; thence east-northeasterly to latitude 
38 deg.03'37" N., longitude 122 deg.17'13" W.; thence northerly to the 
long dike extending southwesterly from Mare Island at latitude 
38 deg.03'52.5"N., longitude 122 deg.17'10'' W.; thence along the long 
dike to the shore at Mare Island.
    (13) Anchorage No. 20.  In San Pablo Bay bounded by the southeast 
shore of San Pablo Bay and the following lines: Beginning at the 
northeast corner of Parr Terminal No. 4 at Point San Pablo at latitude 
37 deg.57'59" N., longitude 122 deg.25'35" W.; thence northeasterly to 
latitude 38 deg.01'27.5" N., longitude 122 deg.21'33" W.; thence east-
northeasterly to the Union Oil Co. pier at Oleum at latitude 
38 deg.03'18" N., longitude 122 deg.15'37" W.; and thence along this 
pier to the shore.
    (14) Anchorage No. 21. In San Pablo Bay south of Mare Island a 
rectangular area beginning at latitude 38 deg.03'56" N., longitude 
122 deg.15'56" W.; thence easterly to latitude 38 deg.04'02" N., 
longitude 122 deg.15'20" W.; thence southerly to latitude 38 deg.03'48" 
N., longitude 122 deg.15'16" W.; thence westerly to latitude 
38 deg.03'42" N., longitude 122 deg.15'52" W.; thence northerly to the 
point of beginning.
    (15) Anchorage No. 22, Carquinez Strait. In Carquinez Strait an area 
bounded by a line connecting the following coordinates:

                                                                        
                 Latitude                            Longitude          
                                                                        
380236.8" N.                               1220959" W; to               
380206.6" N.                               1220946.7" W; to             
380153.8" N.                               1220900" W; to               
380233.9" N.                               1220900" W; thence back to   
380236.8" N.                               1220959" W.                  
                                                                        


    (16) Anchorage No. 23, Benicia. In Carquinez Strait an area bounded 
by a line connecting the following coordinates:

                                                                        
                 Latitude                            Longitude          
                                                                        
380233.9" N.                               1220900" W; to               
380153.8" N.                               1220900" W; to               
380157.4" N.                               1220819.3" W; to             
380233" N.                                 1220818.6" W; thence back to 
380233.9" N.                               1220900" W.                  
                                                                        


[[Page 359]]

    (17) Anchorage No. 24. Bounded by the north shore of Carquinez 
Strait and the following lines: Beginning on the shore at Dillion Point 
at latitude 38 deg.03'44" N., longitude 122 deg.11'29" W.; thence 
southeasterly to latitude 38 deg.03'34" N., longitude 122 deg.11'10" W.; 
thence south-southeasterly to latitude 38 deg.03'17" N., longitude 
122 deg.11'04" W.; thence southeasterly to the shore of Benicia at 
latitude 38 deg.02'37.5" N., longitude 122 deg.09'55" W.
    (18) Anchorage No. 26. On the west side of Suisun Bay, adjacent to 
and northeast of the city of Benicia within the following 
boundaries:Beginning on the shore northeast of Army Point at latitude 
38 deg.02'54" N., longitude 122 deg.07'37" W.; thence south-
southeasterly along the Southern Pacific bridge to latitude 
38 deg.02'38" N., longitude 122 deg.07'24" W.; thence easterly to 
latitude 38 deg.02'42" N., longitude 122 deg.07'07.5" W.; thence 
northeasterly to latitude 38 deg.05'42" N., longitude 122 deg.04'06" W.; 
thence northwesterly to the shore at latitude 38 deg.05'58" N., 
longitude 122 deg.04'28" W.; thence along the shore to the point of 
beginning.
    (19) Anchorage No. 27. In the northeast portion of Suisun Bay 
bounded by the north shore and the following lines: Beginning on the 
shore of Grizzly Island at latitude 38 deg.08'13" N., longitude 
122 deg.02'42.5" W.; thence southerly to tripod at Preston Point on Roe 
Island at latitude 38 deg.04'16" N., longitude 122 deg.02'42" W.; thence 
along the south shore of Roe Island to latitude 38 deg.04'05" N., 
longitude 122 deg.01'35" W.; thence east-southeasterly to latitude 
38 deg.03'42.5" N., longitude 121 deg.58'54" W.; thence easterly to the 
shore of Chipps Island at latitude 38 deg.03'42.5" N., longitude 
121 deg.55'05" W.
    (20) Anchorage No. 28. The area bounded on the east by the shore of 
Lower Sherman Island and the following lines: Beginning at Point 
Sacramento on Lower Sherman Island at latitude 38 deg.03'45" N., 
longitude 121 deg.50'17.5" W.; thence southwesterly to latitude 
38 deg.03'37.5" N., longitude 121 deg.50'31" W.; thence south-
southeasterly to latitude 38 deg.02'11" N.; longitude 121 deg.49'58" W.; 
thence to the shore of Lower Sherman Island at latitude 38 deg.02'23" 
N., longitude 121 deg.49'49" W.
    (21) Anchorage No. 30. The portion of the Old San Joaquin River 
Channel bounded on the west by the shore of Mandeville Point and the 
following lines: Beginning on the shore of Mandeville Point at latitude 
38 deg.04'01" N., longitude 121 deg.32'05" W.; thence northeasterly to 
latitude 38 deg.04'07.5" N., longitude 121 deg.31'58" W.; thence 
southeasterly to latitude 38 deg.03'47" N., longitude 121 deg.31'42.5" 
W.; thence westerly to the shore of Mandeville Point at latitude 
38 deg.03'47.5" N., longitude 121 deg.31'56" W.

[CGD12 84-07, 51 FR 12315, Apr. 10, 1986; 51 FR 15322, Apr. 23, 1986; as 
amended by CGD12 86-13, 52 FR 11646, Apr. 10, 1987; CGD11-88-03, 53 FR 
17028, May 13, 1988; CGD11-88-01, 53 FR 20618, June 6, 1988; CGD11-88-
04, 53 FR 37557, Sept. 27, 1988; CGD11-91-07, 57 FR 11578, Apr. 6, 1992; 
CGD11-94-005, 59 FR 64580, Dec. 15, 1994; CGD 96-026, 61 FR 33663, June 
28, 1996]



Sec. 110.228  Columbia River, Oregon and Washington.

    (a) The anchorage grounds.--(1) Astoria North Anchorage. An area 
enclosed by a line beginning north of Astoria, Oregon, at latitude 
46 deg.11'47" N, longitude 123 deg.49'39" W; thence continuing northerly 
to latitude 46 deg.12'05" N, longitude 123 deg.49'35" W; thence 
northeasterly to latitude 46 deg.13'16" N, longitude 123 deg.46'23" W; 
thence southerly to latitude 46 deg.13'01" N, longitude 123 deg.46'12" 
W; thence southwesterly to latitude 46 deg.11'52" N, longitude 
123 deg.49'13" W; thence westerly to the point of beginning.
    (2) Astoria South Anchorage. An area enclosed by a line beginning 
north of Astoria, Oregon, at latitude 46 deg.11'38" N, longitude 
123 deg.48'59" W; thence continuing northerly to latitude 46 deg.11'47" 
N, longitude 123 deg.49'08" W; thence northeasterly to latitude 
46 deg.13'03" N, longitude 123 deg.45'50" W; thence northeasterly to 
latitude 46 deg.13'07" N, longitude 123 deg.45'37" W; thence southerly 
to latitude 46 deg.12'56" N, longitude 123 deg.45'30" W; thence 
southwesterly to latitude 46 deg.12'24" N, longitude 123 deg.46'33" W; 
thence southwesterly to latitude 46 deg.12'07" N, longitude 
123 deg.47'24" W; thence southwesterly to the point of beginning.
    (3) Longview Anchorage. An area enclosed by a line beginning 
southeast of Longview, Washington, at latitude 46 deg.07'15" N, 
longitude 122 deg.59'08" W; thence continuing northeasterly to latitude 
46 deg.07'23" N, longitude 122 deg.58'56" W; thence southeasterly to 
latitude

[[Page 360]]

46 deg.06'58" N, longitude 122 deg.58'20" W; thence southeasterly to 
latitude 46 deg.06'42" N, longitude 122 deg.57'56" W; thence southerly 
to latitude 46 deg.06'33" N, longitude 122 deg.58'04" W; thence westerly 
to latitude 46 deg.06'35" N, longitude 122 deg.58'10" W; thence 
northwesterly to latitude 46 deg.06'42" N, longitude 122 deg.58'23" W; 
thence northwesterly to the point of beginning.
    (4) Kalama Anchorage. An area enclosed by a line beginning northeast 
of Sandy Island at latitude 46 deg.00'59" N, longitude 122 deg.51'31" W; 
thence continuing southeasterly to latitude 46 deg.00'55" N, longitude 
122 deg.51'27" W; thence southeasterly to latitude 46 deg.00'36" N, 
longitude 122 deg.51'11" W; thence southerly to latitude 45 deg.59'42" 
N, longitude 122 deg.50'48" W; thence westerly to latitude 45 deg.59'39" 
N, longitude 122 deg.50'59" W; thence northerly to latitude 
46 deg.00'35" N, longitude 122 deg.51'26" W; thence northwesterly to 
latitude 46 deg.00'52" N, longitude 122 deg.51'41" W; thence 
northeasterly to the point of beginning.
    (5) Woodland Anchorage. An area enclosed by a line beginning east of 
Columbia City, Oregon, at latitude 45 deg.53'56" N, longitude 
122 deg.48'13" W; thence continuing easterly to latitude 45 deg.53'58" 
N, longitude 122 deg.47'58" W; thence southerly to latitude 
45 deg.53'29" N, longitude 122 deg.47'41" W; thence westerly to latitude 
45 deg.53'21" N, longitude 122 deg.47'59" W; thence northerly to 
latitude 45 deg.53'42" N, longitude 122 deg.48'09" W; thence northerly 
to the point of beginning.
    (6) Henrici Bar Anchorage. An area enclosed by a line beginning near 
the mouth of Bachelor Slough at latitude 45 deg.47'25" N, longitude 
122 deg.46'45" W; thence continuing southeasterly to latitude 
45 deg.46'46" N, longitude 122 deg.46'10" W; thence southeasterly to 
latitude 45 deg.46'26" N, longitude 122 deg.45'56" W; thence southerly 
to latitude 45 deg.46'04" N, longitude 122 deg.45'46" W; thence 
southerly to latitude 45 deg.45'42" N, longitude 122 deg.45'41" W; 
thence southerly to latitude 45 deg.45'38" N, longitude 122 deg.45'41" 
W; thence westerly to latitude 45 deg.45'38" N, longitude 122 deg.45'48" 
W; thence northerly to latitude 45 deg.46'17" N, longitude 
122 deg.46'06" W; thence northwesterly to latitude 45 deg.47'21" N, 
longitude 122 deg.46'55" W; thence northeasterly to the point of 
beginning.
    (7) Willow Bar Anchorage. An area enclosed by a line beginning 
northeast of Reeder Point at latitude 45 deg.43'41" N, longitude 
122 deg.45'36" W; thence continuing easterly to latitude 45 deg.43'40" 
N, longitude 122 deg.45'26" W; thence southerly to latitude 
45 deg.41'28" N, longitude 122 deg.46'12" W; thence westerly to latitude 
45 deg.41'30" N, longitude 122 deg.46'22" W; thence northerly to the 
point of beginning.
    (8) Kelley Point Anchorage. An area enclosed by a line beginning 
east of Kelley Point at latitude 45 deg.39'07" N, longitude 
122 deg.45'36" W; thence continuing northeasterly to latitude 
45 deg.39'11" N, longitude 122 deg.45'32" W; thence southerly to 
latitude 45 deg.39'03" N, longitude 122 deg.45'17" W; thence westerly to 
latitude 45 deg.38'58" N, longitude 122 deg.45'22" W; thence northerly 
to the point of beginning.
    (9) Hayden Island Anchorage. An area enclosed by a line beginning 
south of Mathews Point at latitude 45 deg.38'44" N, longitude 
122 deg.44'35" W; thence continuing easterly to latitude 45 deg.38'27" 
N, longitude 122 deg.43'21" W; thence southeasterly to latitude 
45 deg.38'12" N, longitude 122 deg.43'03" W; thence westerly to latitude 
45 deg.38'19" N, longitude 122 deg.43'40" W; thence northwesterly to 
latitude 45 deg.38'42" N, longitude 122 deg.44'36" W; thence 
northeasterly to the point of beginning.
    (b) The regulations.
    (1) All designated anchorages are intended for the primary use of 
deep-draft vessels over 200 feet in length.
    (2) If a vessel under 200 feet in length is anchored in a designated 
anchorage, the master or person in charge of the vessel shall:
    (i) Ensure that the vessel is anchored so as to minimize conflict 
with large, deep-draft vessels utilizing or seeking to utilize the 
anchorage; and
    (ii) Move the vessel out of the area if requested by the master of a 
large, deep-draft vessel seeking to enter or depart the area or if 
directed by the Captain of the Port.
    (3) No vessel may occupy a designated anchorage for more than 30 
consecutive days without a permit from the Captain of the Port.

[[Page 361]]

    (4) No vessel being layed-up or dismantled or undergoing major 
alterations or repairs may occupy a designated anchorage without a 
permit from the Captain of the Port.
    (5) No vessel carrying a Cargo of Particular Hazard listed in 
Sec. 126.10 of this chapter may occupy a designated anchorage without 
permission from the Captain of the Port.
    (6) No vessel in a condition such that it is likely to sink or 
otherwise become a hazard to the operation of other vessels shall occupy 
a designated anchorage except in an emergency and then only for such 
periods as may be authorized by the Captain of the Port.
    (7) Except as allowed for emergencies, no vessel may occupy either 
the Henrici Bar or Willow Bar Anchorages during the commercial drift 
fishing seasons established by the Oregon Department of Fish and 
Wildlife (ODFW). Vessels occupying either of these anchorages at the 
time a drift fishing season is announced must depart prior to 
commencement of the season. In no case, however, shall a vessel have 
less than 48 hours to effect the move.
    (8) ODFW will normally notify the Captain of the Port four days in 
advance of any commercial drift fishing season. Once notified, the 
Captain of the Port will inform the Portland Steamship Operators 
Association (PSOA) via the Merchant's Exchange and will notify the 
Columbia River and Bar Pilots.

[CGD13 85-07, 52 FR 46761, Dec. 10, 1987]



Sec. 110.229   Straits of Juan de Fuca, Wash.

    (a) Anchorage grounds--(1) Nonanchorage area (Port Angeles Harbor). 
Beginning at a point on the shore at latitude 48 deg.07'04.5'' N., 
longitude 123 deg.24'15.6'' W.; thence to latitude 48 deg.07'39.1'' N., 
longitude 123 deg.24'00'' W.; thence to latitude 48 deg.07'36.7'' N., 
longitude 123 deg.23'46'' W.; thence to a point on the shoreline at 
latitude 48 deg.06'57.4'' N., longitude 123 deg.24'04'' W.
    (b) The regulations. (1) No vessel may anchor in this nonanchorage 
area at any time.
    (2) Dragging, seining, fishing, or other activities which may foul 
underwater installations within this nonanchorage area are prohibited.
    (3) Vessels may transit his nonanchorage area, but must proceed by 
the most direct route and without unnecessary delay.
    (4) The city of Port Angeles will mark this area with signs on the 
shoreline visible (during normal daylight) 1 mile to seaward reading, 
``Do not Anchor in This Area.''

[CGD 72-233, 39 FR 41849, Dec. 3, 1974]



Sec. 110.230   Puget Sound Area, Wash.

    (a) The anchorage grounds--(1) Freshwater Bay emergency explosives 
anchorage, Strait of Juan de Fuca. All of Freshwater Bay and adjacent 
waters shoreward of a line beginning at Observatory Point, latitude 
48 deg.09'03'', longitude 123 deg.38'12'', thence due north 
approximately 1,150 yards to latitude 48 deg.09'36'', longitude 
123 deg.38'12''; thence 90 deg., approximately 6,450 yards, to latitude 
48 deg.09'36'', longitude 123 deg.33'27''; thence 180 deg. to the 
shoreline.
    (i) This area does not constitute an explosives anchorage for 
loading or discharging explosives, but is established exclusively for 
use by explosives laden vessels enroute to the ammunition dumping area 
which encounter adverse weather and sea conditions and are forced to 
await more favorable conditions before proceeding to sea.
    (1-a) Bellingham Bay General Anchorage. The waters of Bellingham Bay 
within a circular area with a radius of 2,000 yards, having its center 
at latitude 48 deg.44'15'', longitude 122 deg.32'25''.
    (1-b) Bellingham Bay Explosives Anchorage. The waters of Bellingham 
Bay within a circular area with a radius of 1,000 yards, having its 
center at latitude 48 deg.42'48'', longitude 122 deg.33'37''.
    (2) Port Townsend Explosives Anchorages--(i) Fair weather anchorage 
area. A circular area having a radius of 300 yards, whose center is at 
latitude 48 deg.06'26'', longitude 122 deg.43'46''.
    (ii) Foul weather anchorage area. A circular area having a radius of 
300 yards, whose center is at latitude 48 deg.04'05'', longitude 
122 deg.44'52''.
    (3) Holmes Harbor General Anchorage. All of Holmes Harbor lying 
southerly of a line ranging 310 deg. through Hackney Island, between the 
shores of Whidbey Island.

[[Page 362]]

    (4) Port Gardner General Anchorage, Possession Sound. Beginning at a 
point bearing 211 deg., 560 yards, from Snohomish River Light 5; thence 
180 deg., 675 yards; thence 216 deg., 250 yards; thence 254 deg., 800 
yards; thence 302 deg., 1,700 yards; thence 49 deg., 1,280 yards; thence 
approximately 115 deg., 1,525 yards, to the point of beginning.
    (5) [Reserved]
    (6) Thorndike Bay Emergency Explosives Anchorage, Hood Canal. 
Beginning at a point bearing 267 deg., 3,500 yards, from Hood Canal 
Light 7; thence 180 deg., 1,000 yards to a point approximately 251 deg., 
3,725 yards, from Hood Canal Light 7; thence 270 deg., 1,350 yards to a 
point approximately 256 deg., 5,000 yards, from Hood Canal Light 7; 
thence due north 1,000 yards, to a point approximately 268 deg., 4,900 
yards, from Hood Canal Light 7; thence approximately 90 deg., 1,350 
yards, to the point of beginning.
    (7) Smith Cove General Anchorage (west), Elliott Bay. Shoreward of a 
line beginning at Fourmile Rock Light; thence to a point bearing 
207 deg., 1,100 yards, from Fourmile Rock Light; thence southeasterly to 
a point bearing 6 deg.30', 2,075 yards, from Duwamish Head Light 2; 
thence due north to the shore of Smith Cove.
    (8) Smith Cove General Anchorage (east) Elliott Bay. Shoreward of a 
line beginning at latitude 47 deg. 37'36.3'' N., Longitude 122 deg. 
22'38'' W.; thence due south 1,350 yards to latitude 47 deg. 36'56.6'' 
N., Longitude 122 deg. 22'38'' W.; thence due east to the shore at 
latitude 47 deg. 36'56.6'' N., Longitude 122 deg. 21'18.8'' W.
    (9) Elliott Bay General Anchorage (east). Shoreward of a line 
beginning at the northeast corner of Harbor Island at latitude 47 deg. 
35'26.2'' N., longitude 122 deg. 20'41'' W.; thence due north 1,025 
yards to latitude 47 deg. 35'56.5'' N., longitude 122 deg. 20'41'' W.; 
thence due west on said line to its intersection with the east line of 
the West Waterway at latitude 47 deg. 35'56.5'' N., longitude 120 deg. 
21'25.5'' W.; thence due south to the northwest corner of Harbor Island 
at latitude 47 deg. 35'17.3'' N., longitude 122 deg. 21'25.5'' W.
    (10) Elliott Bay General Anchorage (west). Shoreward of a line 
beginning at latitude 47 deg. 35'06.7'' N., longitude 122 deg. 21'36.8'' 
W.; thence due north to latitude 47 deg. 35'46'' N., longitude 122 deg. 
21'36.8'' W.; thence on a bearing 335 deg. T for 400 yards to latitude 
47 deg. 35'56.5'' N., longitude 122 deg. 21'44'' W.; thence due west to 
Duwamish Head Light; thence due south to the shoreline.
    (11) Orchard Point General Anchorage, Puget Sound. Beginning at 
Orchard Point Light; thence 106 deg., two miles; thence 180 deg. to the 
northern shore of Blake Island; thence west and south along the 
shoreline to the southern end of Blake Island at approximate longitude 
122 deg.29'16''; thence 250 deg. to the dock at Harper; thence westerly 
and northerly along the shoreline to the point of beginning.
    (12) [Reserved]
    (13) Commencement Bay General Anchorage. A quadrilateral area 
bounded as follows: Beginning at latitude 47 deg.17'37'' N., longitude 
122 deg.26'00'' W.; thence due south to latitude 47 deg.17'19'' N., 
longitude 122 deg.26'00'' W.; thence due east to a point bearing 
286 deg. T from Hylebos Waterway Light 1 at a distance of 450 yards; 
thence due north to latitude 47 deg.17'33'' N., longitude 
122 deg.25'00'' W.; thence west northwest to the point of beginning.
    (14) Cherry Point General Anchorage. The waters within a circular 
area with a radius of 0.8 nautical mile, having its center at latitude 
48 deg.48'30'' N., longitude 122 deg.46'00'' W.
    (b) The regulations. (1) No vessel shall anchor in any general 
anchorage described in paragraph (a) of this section without prior 
permission from the Captain of the Port, or his authorized 
representative. No vessel shall occupy any general anchorage for a 
period longer than 30 days unless a permit is obtained from the Captain 
of the Port for that purpose. No vessel in a condition such that it is 
likely to sink or otherwise become a menace or obstruction to the 
navigation or anchorage of other vessels shall occupy a general 
anchorage except in an emergency and then only for such period as may be 
permitted by the Captain of the Port. A berth in a general anchorage, if 
available, may be assigned to any vessel by the Captain of the Port upon 
application and he may grant revocable permits for the continuous use of 
the same berth.

[[Page 363]]

    (2) Explosive anchorages are reserved for vessels carrying 
explosives. All vessels carrying explosives shall be within these areas 
when anchored.
    (3) Whenever any vessel not fitted with mechanical power, anchors in 
an explosive anchorage, the Captain of the Port may require the 
attendance of a tug upon such vessel, when, in his judgment, such action 
is necessary.
    (4) Vessels carrying explosives shall comply with the general 
regulations in paragraph (b)(1) of this section, when applicable.
    (5) Every vessel at anchor in an explosives anchorage shall display 
by day a red flag at least 16 square feet in area at its mast head or at 
least 10 feet above the upper deck if the vessel has no mast, and by 
night a red light in the same position specified for the flag. These 
signals shall be in addition to day signals and lights required to be 
shown by all vessels when at anchor.
    (6) Every vessel constructed of wood shall, unless there are steel 
bulwarks or metallic cases or cargo on board, be fitted with radar 
reflector screens of metal of sufficient size to permit target 
indication on the radar screen of commercial type radars.
    (7) Fishing and navigation by pleasure and commercial craft are 
prohibited within the area at all times when vessels which are anchored 
in the area for the purpose of loading or unloading explosives display a 
red flag by day and a red light by night, unless special permission is 
granted by the Captain of the Port.
    (8) No explosives handling in any explosive anchorage will be 
undertaken by any vessel unless personnel from the Captain of the Port 
are on board to supervise the handling of explosives.
    (9) No vessel shall remain at anchor in any explosive anchorage 
unless there is on board such vessel a competent watchman or a tug in 
attendance.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967]

    Editorial Note: For Federal Register citations affecting 
Sec. 110.230, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 110.232   Southeast Alaska.

    (a) The anchorage grounds--(1) Hassler Harbor--explosives anchorage. 
The waters of Hassler Harbor within a circular area with a radius of 
1,500 yards, having its center at latitude 55 deg.12'52'' N., longitude 
131 deg.25'52'' W.
    (b) The regulations. (1) Except in an emergency, only a vessel that 
is transporting, loading or discharging explosives may anchor, moor, or 
remain within the Hassler Harbor explosives anchorage.
    (2) A master or person in charge of a vessel shall obtain a written 
permit from the Captain of the Port, Southeast, Alaska, to anchor, moor, 
or remain within the explosives anchorage. The vessel shall anchor in 
the position specified by the permit.
    (3) The net weight of the explosives laden aboard all vessels 
anchored, moored, or remaining within the anchorage shall not exceed 
800,000 pounds.
    (4) The Captain of the Port, Southeast, Alaska, may require a 
nonself propelled vessel to be attended by a tug while moored, anchored, 
or remaining within the explosives anchorage.
    (5) A wooden vessel must:
    (i) Be fitted with a radar reflector screen of metal of sufficient 
size to permit target indication on the radar screen of commercial type 
radar; or
    (ii) Have steel bulwarks; or
    (iii) Have metallic cases or cargo aboard.
    (6) Each vessel moored, anchored, or remaining within the explosives 
anchorage and carrying, loading, or discharging explosives from sunrise 
to sunset shall display:
    (i) A red flag from the mast; or
    (ii) A sign posted on each side of the vessel reading ``Explosive--
Keep Clear--No Smoking or Open Flame'' in letters that are 3 inches or 
larger and have sufficient contrast with the background to be seen from 
a distance of 200 feet.
    (7) Each vessel moored, anchored, or remaining within the anchorage 
during the night shall display:
    (i) Anchor lights; and
    (ii) A 32 point red light located from the mast or highest part of 
the vessel to be visible all around the horizon for a distance of 2 
miles.

[CGFR 71-86A, 36 FR 20603, Oct. 27, 1971, as amended by CGD 77-020, 42 
FR 30618, June 16, 1977]

[[Page 364]]



Sec. 110.233  Prince William Sound, Alaska.

    (a) The anchorage grounds. In Prince William Sound, Alaska, 
beginning at a point at latitude 60 deg.40'00'' N., longitude 
146 deg.40'00'' W.; thence south to latitude 60 deg.38'00'' N., 
longitude 146 deg.40'00'' W.; thence east to latitude 60 deg.38'00'' N., 
longitude 146 deg.30'00'' W.; thence north to latitude 60 deg.39'00'' 
N., longitude 146 deg.30'00'' W.; thence northwesterly to the beginning 
point.
    (b) The regulations. (1) This anchorage area is for the temporary 
use of vessels during:
    (i) Adverse weather or tidal conditions;
    (ii) Vessel equipment failure; or
    (iii) Delays at Port Valdez;
    (2) No vessel may anchor in this anchorage without notifying the 
vessel traffic center in Valdez; and
    (3) Each vessel anchored shall notify the vessel traffic center in 
Valdez when it weighs anchor.

[CGD 77-144, 43 FR 21459, May 18, 1978]



Sec. 110.235  Pacific Ocean (Mamala Bay), Honolulu Harbor, Hawaii (Datum: NAD 83).

    (a) The anchorage grounds--(1) Anchorage A. The waters bounded by 
the arc of a circle with a radius of 350 yards with the center located 
at:


Latitude                             Longitude                          
                                                                        
21 deg.16'57'' N                     157 deg.53'12'' W                  
                                                                        


    (2) Anchorage B. The waters bounded by a line connecting the 
following coordinates:


Latitude                             Longitude                          
                                                                        
21 deg.17'06'' N                     157 deg.54'40'' W; to              
21 deg.17'22'' N                     157 deg.54'40'' W; to              
21 deg.17'22'' N                     157 deg.54'19'' W; to              
21 deg.17'06'' N                     157 deg.54'19'' W; and thence to   
21 deg.17'06'' N                     157 deg.54'40'' W                  
                                                                        


    (3) Anchorage C. The waters bounded by the arc of a circle with a 
radius of 450 yards with the center located at:


Latitude                             Longitude                          
                                                                        
21 deg.17'09'' N                     157 deg.54'55'' W                  
                                                                        


    (4) Anchorage D. The waters bounded by the arc of a circle with a 
radius of 450 yards with the center located at:


Latitude                             Longitude                          
                                                                        
21 deg.17'21'' N                     157 deg.55'20'' W                  
                                                                        


    (b) The regulations. (1) Anchors must be placed inside the anchorage 
areas.
    (2) The anchorages are general anchorages for commercial vessels. 
Anchorage A should be used only if Anchorages B, C, and D are full.
    (3) No bunkering operations or vessel to vessel transfer of oil in 
bulk of any kind is permitted within Anchorage A.
    (4) Nothing in this section shall be construed as relieving the 
owner or person in charge of any vessel from complying with the rules of 
navigation and with safe navigation practice.

[CGD14-93-003, 59 FR 40820, Aug. 10, 1994]



Sec. 110.236   Pacific Ocean off Barbers Point, Island of Oahu, Hawaii: Offshore pipeline terminal anchorages.

    (a) The anchorage grounds--(1) Anchorage A. The waters within an 
area described as follows: A circle of 1,000 feet radius centered at 
latitude 21 deg.17'55''N., longitude 158 deg.07'46''W. (Datum: OHD)
    (2) Nonanchorage area A. The waters extending 300 feet on either 
side of a line bearing 059 deg. from anchorage A to the shoreline at 
latitude 21 deg.18'22'' N., longitude 158 deg.06'57''W. (Datum: OHD)
    (3) Anchorage B. The waters enclosed by a line beginning at latitude 
21 deg.16'31.5'' N., longitude 158 deg.05'09.0'' W.; thence to latitude 
21 deg.16'03.9'' N., longitude 158 deg.05'16.9'' W.; thence to latitude 
21 deg.16'11.1'' N., longitude 158 deg.05'45.8'' W.; thence to latitude 
21 deg.16'38.8'' N., longitude 158 deg.05'37.9'' W.; thence to the point 
of beginning. (Datum: OHD)
    (4) Nonanchorage area B. The waters extending 300 feet on either 
side of a line bearing 334.5 deg. from anchorage B to the shoreline at 
latitude 21 deg.17'50.5'' N., longitude 158 deg.06'13.1'' W. (Datum: 
OHD)
    (5) Anchorage C. The waters enclosed by a line beginning at latitude 
21 deg.16'58'' N., longitude 158 deg.04'39'' W.; thence to latitude 
21 deg.16'58'' N., longitude 158 deg.04'12'' W.; thence to latitude 
21 deg.16'44'' N., longitude 158 deg.04'12'' W.; thence to latitude 
21 deg.16'44'' N., longitude 158 deg.04'39'' W.;

[[Page 365]]

thence to the point of beginning. (Datum: OHD)
    (6) Nonanchorage area C. The waters extending 300 feet on either 
side of a line bearing 306 deg. from anchorage C to the shoreline at 
latitude 21 deg.17'54.9'' N., longitude 158 deg.06'07.8'' W. (Datum: 
OHD)
    (7) Anchorage D. The waters enclosed by a line beginning at latitude 
21 deg.18'00'' N., longitude 158 deg.07'20'' W.; thence to latitude 
21 deg.17'56'' N., longitude 158 deg.07'16'' W.; thence to latitude 
21 deg.17'49'' N., longitude 158 deg.07'24'' W.; thence to latitude 
21 deg.17'53'' N., longitude 158 deg.07'28'' W.; thence to the point of 
beginning. (Datum: OHD)
    (b) The regulations. (1) No vessels may anchor, moor, or navigate in 
anchorages A, B, C, or D except:
    (i) Vessels using the anchorages and their related pipelines for 
loading or unloading;
    (ii) Commercial tugs, lighters, barges, launches, or other vessels 
engaged in servicing the anchorage facilities or vessels using them;
    (iii) Public vessels of the United States.
    (2) When vessels are conducting loading or unloading operations as 
indicated by the display of a red flag (international code flag B) at 
the masthead, passing vessels of over 100 gross tons shall not approach 
within 1,000 yards at a speed in excess of 6 knots.
    (3) The owner of any vessel wanting to use an anchorage ground and 
use of the related pipeline facilities shall notify the Captain of the 
Port, Honolulu, Hawaii, and the Commanding Officer, U.S. Naval Air 
Station, Barbers Point, Hawaii, at least 24 hours in advance of desired 
occupancy of the anchorage ground by the vessel. Such notification must 
include the maximum height above the waterline of the uppermost portion 
of the vessel's mast and a description of the masts' lighting including 
height of the highest anchor light and any aircraft warning lights to be 
displayed by the vessel at night.
    (4) When, in the opinion of the Captain of the Port, or his 
authorized representative, oil transfer operations within these 
anchorages could jeopardize the safety of vessels or facilities in the 
area, or cause an undue risk of oil pollution, such oil transfer 
operations shall be immediately terminated until such time as the 
cognizant Coast Guard officer determines that the danger has subsided.
    (5) Nonanchorage areas A, B, and C are established for the 
protection of submerged pipelines. Except for vessels servicing pipeline 
facilities, no anchoring, dragging, seining or other potential pipeline 
fouling activities are permitted within these areas.
    (6) Nothing in this section shall be construed as relieving the 
owner or person in charge of any vessel from complying with the rules of 
the road and safe navigation practice.
    (7) The regulations of this section are enforced by the Captain of 
the Port or his duly authorized representative.

[CGD 73-59R, 38 FR 16777, June 26, 1973, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996]



Sec. 110.237   Pacific Ocean at Waimea, Hawaii, Naval Anchorage.

    (a) The Anchorage grounds. All the waters within a circle having a 
radius of 300 yards centered at latitude 21 deg.57'02'' N., longitude 
159 deg.41'33'' W. (Datum: OHD)
    (b) The regulation. Except in an emergency, no vessel except a Naval 
vessel may anchor or moor in this anchorage without permission of the 
Captain of the Port, Honolulu, Hawaii.

[CGD 74-187, 41 FR 54176, Dec. 13, 1976, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996]



Sec. 110.238  Apra Harbor, Guam.

    (a) The anchorage grounds (Datum: WGS 84). (1) General Anchorage. 
The waters bounded by a line connecting the following points:

------------------------------------------------------------------------
                Latitude                            Longitude           
------------------------------------------------------------------------
13 deg.27'32.0''N......................  144 deg.39'36.8''E             
13 deg.27'21.0''N......................  144 deg.39'22.8''E             
13 deg.27'12.5''N......................  144 deg.37'25.4''E             
------------------------------------------------------------------------

and thence along the shoreline to

                                                                        
                Latitude                            Longitude           
                                                                        
13 deg.27'45.5''N......................  144 deg.39'34.8''E             
                                                                        

and thence to the point of beginning.
    (2) Explosives Anchorage 701. The water in Naval Anchorage A bounded 
by the arc of a circle with a radius of 350 yards and located at:

[[Page 366]]



------------------------------------------------------------------------
                Latitude                            Longitude           
------------------------------------------------------------------------
13 deg.26'54.0''N......................  144 deg.37'53.5''E             
------------------------------------------------------------------------

    (3) Naval Explosives Anchorage 702. The waters in the General 
Anchorage bounded by the arc of a circle with a radius of 350 yards and 
with the center located at:

------------------------------------------------------------------------
                Latitude                            Longitude           
------------------------------------------------------------------------
13 deg.27'29.9''N......................  144 deg.38'13.0''E             
------------------------------------------------------------------------

    (4) Naval Anchorage A. The waters bounded by a line connecting the 
following points:

------------------------------------------------------------------------
                Latitude                            Longitude           
------------------------------------------------------------------------
13 deg.26'47.3''N......................  144 deg.37'42.6''E             
13 deg.27'02.0''N......................  144 deg.37'42.6''E             
13 deg.27'10.6''N......................  144 deg.39'00.8''E             
13 deg.26'59.6''N......................  144 deg.39'00.8''E             
13 deg.26'59.6''N......................  144 deg.39'08.6''E             
13 deg.26'54.3''N......................  144 deg.39'08.6''E             
13 deg.26'54.3''N......................  144 deg.39'24.2''E             
13 deg.26'42.2''N......................  144 deg.39'24.2''E             
13 deg.26'40.4''N......................  144 deg.38'01.8''E             
------------------------------------------------------------------------

and thence to the point of beginning.
    (5) Naval Anchorage B. The waters bounded by a line connecting the 
following points:

------------------------------------------------------------------------
                Latitude                            Longitude           
------------------------------------------------------------------------
13 deg.26'43.7''N                        144 deg.39'53.3''E             
13 deg.26'53.6''N......................  144 deg.40'03.8''E             
13 deg.26'51.0''N......................  144 deg.40'06.0''E             
13 deg.26'41.0''N......................  144 deg.39'56.0''E             
------------------------------------------------------------------------

and thence along the shoreline to the point of beginning.
    (b) The regulations--(1) General Anchorage. Any vessel may anchor in 
the General Anchorage except vessels carrying more than 25 tons of high 
explosives.
    (2) Explosives Anchorage 701. Vessels carrying more than 25 tons of 
high explosives must use Anchorage 701, unless otherwise directed by the 
Captain of the Port.
    (3) Naval Explosives Anchorage 702. Except Naval vessels using the 
anchorage as directed by local Naval authorities, no vessel may anchor 
so that any part of the hull or rigging, or the anchor tackle may extend 
into Anchorage 702 at any time.
    (4) Naval Anchorages A and B. (i) Except as provided in paragraph 
(b)(3)(ii) of this section, non-naval vessels may not anchor within 
these anchorages or use the mooring buoys therein without permission of 
the local Naval authorities obtained through the Captain of the Port. 
(There is a user charge for the use of these mooring buoys.)
    (ii) Small craft that are continuously manned and capable of getting 
underway may anchor within these anchorages during daylight hours 
without prior approval of the Captain of the Port.
    (5) General regulations. (i) Vessels may use the Naval mooring buoys 
in the General Anchorage without charge for a period up to 72 hours if 
authorized by the Captain of the Port. Vessels so moored shall promptly 
move at their own expense upon notification from the Captain of the 
Port.
    (ii) Except for vessels not more than 65 feet in length, all vessels 
shall anchor in an anchorage ground.
    (iii) Vessels anchored in an anchorage ground shall place their 
anchors within the anchorage ground so that no portion of the hull or 
rigging at any time extends outside the anchorage ground.
    (iv) No vessel may anchor in the harbor for more than 30 consecutive 
days without permission of the Captain of the Port.

[CDG14-87-02, 52 FR 25864, July 9, 1987, as amended by CGD14-89-01, 55 
FR 27465, July 3, 1990]



Sec. 110.239  Island of Tinian, CNMI.

    (a) The anchorage grounds (based on 1944 Saipan Datum):
    (1) Explosives Anchorage A. A circular area intersecting the 
shoreline having a radius of 1,900 yards centered at latitude 
14 deg.58,57.0,, N, longitude 
145 deg.35,40.8,, E.
    (2) Explosives Anchorage B. A circular area intersecting the 
shoreline having a radius of 1,900 yards centered at latitude 
14 deg.58,15.9,, N, longitude 
145 deg.35,54.8,, E.
    (b) The regulations: Explosives Anchorages A and B; with the 
exception of explosives laden naval vessels at explosives anchorage A 
and B, no vessel may anchor within these areas without permission of the 
Captain of the Port. No vessel of more than 500 gross tons

[[Page 367]]

displacement may enter these areas except for the purpose of anchoring 
in accordance with this section.

[CGD 14-87-01, 52 FR 26146, July 13, 1987]



Sec. 110.240   San Juan Harbor, P.R.

    (a) The anchorage grounds--(1) Temporary Anchorage E (general). 
Beginning at a point which bears 262 deg. T, 878 yards from Isla Grande 
Aero Beacon; thence along a line 75 deg.47', 498 yards; thence along a 
line 134 deg.49', 440 yards; thence along a line 224 deg.49' to the 
northerly channel limit of Graving Dock Channel, and thence to the point 
of beginning.
    (2) Restricted Anchorage F. Beginning at a point which bears 
212 deg.30', 1,337.5 yards from Isla Grande Light; thence along a line 
269 deg.00', 550 yards; thence along a line 330 deg.00' to the westerly 
channel limit of Anegado Channel; and thence along the westerly channel 
limit of Anegado Channel to the point of beginning.
    (b) The regulations. (1) Vessels awaiting customs or quarantine 
shall use Temporary Anchorage E. No vessel shall remain in this 
anchorage more than 24 hours without a permit from the U.S. Coast Guard 
Captain of the Port.
    (2) Restricted Anchorage F shall serve both as an additional general 
anchorage area in cases where the temporary anchorage is full, and as an 
explosives anchorage for vessels loading or unloading explosives in 
quantities no greater than forty (40) tons, Commercial Class ``A'' 
Explosives, when so authorized by the United States Coast Guard Captain 
of the Port. No vessel shall enter or anchor therein without first 
obtaining a permit from the United States Coast Guard Captain of the 
Port.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 79-119, 45 FR 
32673, May 19, 1980; CGD 7-83-29, 49 FR 48540, Dec. 13, 1984; 50 FR 
5580, Feb. 11, 1985]



Sec. 110.245   Vieques Passage and Vieques Sound, near Vieques Island, P.R.

    (a) The anchorage grounds--(1) Vieques Passage explosives anchorage 
and ammunition handling berth (Area 1). A circular area having a radius 
of 1,700 yards with its center at latitude 18 deg.09'00''N., longitude 
65 deg.32'40''W.
    (2) Vieques Sound explosives anchorage and ammunition handling berth 
(Area 2). A circular area having a radius of 2,000 yards with its center 
at latitude 18 deg.11'48'', longitude 65 deg.26'06''.
    (3) Southern Vieques Passage explosives anchorage and ammunition 
handling berth (Area 3). A circular area having a radius of 2,000 yards 
with its center at latitude 18 deg.05'51'', longitude 65 deg.36'14''.
    (b) The regulations. (1) No vessel or craft shall enter or remain in 
these anchorages while occupied by vessels having on board explosives or 
other dangerous cargo. Explosives in quantities no greater than 1,625 
short tons will be handled in any area at one time.
    (2) The regulations of this section shall be enforced by the 
Commander, Greater Antilles Section, U.S. Coast Guard Base, San Juan, 
Puerto Rico, and such agencies as he may designate.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 77-067, 44 FR 
50040, Aug. 27, 1979]



Sec. 110.250   St. Thomas Harbor, Charlotte Amalie, V.I.

    (a) The anchorage grounds--(1) Inner harbor anchorage. Beginning at 
a point bearing 85 deg., 525 yards from the outer end of a pier at 
latitude 18 deg.20'19'', longitude 64 deg.56'26'' (approximate); thence 
146 deg., 800 yards; thence 70 deg., 860 yards; thence 340 deg., 500 
yards; and thence to the point of beginning.
    (2) Outer harbor anchorage. Beginning at Scorpion Rock lighted buoy 
No. 1 (latitude 18 deg.19'25.6'', longitude 64 deg.55'41.8''); thence 
180 deg., 1,580 yards; thence 264 deg.30', 2,490 yards; thence due north 
1,255 yards; thence due east to the southerly tip of Sprat Point, Water 
Island; thence to Cowell Point, Hassel Island; and thence to the point 
of beginning.
    (3) East Gregerie Channel anchorage (general purpose). Bounded on 
the northeast by Hassel Island; on the southeast by the northwest 
boundary of the outer harbor anchorage; on the southwest by Water 
Island; and on the northwest by a line running from Banana Point, Water 
Island, 55 deg. to Hassel Island.
    (4) Small-craft anchorage. All the waters north of a line passing 
through the outer end of a pier at latitude 18 deg.20'19'',

[[Page 368]]

longitude 64 deg.56'26'' (approximate) and ranging 85 deg..
    (5) Deep-draft anchorage. A circular area having a radius of 400 
yards with its center at latitude 18 deg.19'12.2'', longitude 
64 deg.58'47.8''.
    (6) Long Bay anchorage. The waters of Long Bay bounded on the north 
by the southerly limit line of Anchorage E, on the west by the easterly 
limit line of Anchorage A to a point at latitude 18 deg.20'18'', thence 
to latitude 18 deg.20'13'', longitude 64 deg.55'21''; and thence to the 
shoreline at latitude 18 deg.20'15'', longitude 64 deg.55'13''.
    (b) The regulations. (1) The outer harbor anchorage shall be used by 
vessels undergoing examination by quarantine, customs, immigration, and 
Coast Guard officers. Upon completion of these examinations, vessels 
shall move promptly to anchorage. This anchorage shall also be used by 
vessels having drafts too great to permit them to use the inner harbor 
anchorage. No vessel shall remain more than 48 hours in this anchorage 
without a permit from the Harbor Master.
    (2) The small-craft anchorage shall be used by small vessels 
undergoing examination and also by small vessels anchoring under permit 
from the Harbor Master.
    (3) The requirements of the Navy shall predominate in the deep-draft 
anchorage. When occupied by naval vessels all other vessels and craft 
shall remain clear of the area. When the area is not required for naval 
vessels, the Harbor Master may upon application made in advance assign 
other vessels to the area. Vessels so assigned and occupying the area 
shall move promptly upon notification by the Harbor Master.
    (4) The harbor regulations for the Port of St. Thomas, V.I. of the 
United States and approaches thereto, including all waters under its 
jurisdiction, as adopted by the Government of the Virgin Islands, will 
apply to the Long Bay Anchorage.
    (5) In addition, the Long Bay Anchorage is reserved for all types of 
small vessels, including sailing and motor pleasure craft, and such 
craft shall anchor in no other area except Anchorage E, in the northern 
portion of the harbor of Charlotte Amalie.
    (6) Floats for marking anchors in place will be allowed in the Long 
Bay anchorage; stakes or mooring piles are prohibited.
    (7) Vessels not more than 65 feet in length are not required to 
exhibit or carry anchor lights within the Long Bay anchorage, but must 
display them if emergency requires anchoring in any other part of the 
harbor.
    (8) No vessel may anchor in any of the St. Thomas Harbor Anchorages 
without a permit from the Harbor Master.
    (9) The U.S. Coast Guard Captain of the Port of St. Thomas is hereby 
empowered, whenever the maritime or commercial interests of the United 
States so require, to shift the position of any vessel anchored within 
the Long Bay anchorage, and of any vessel which is so moored or anchored 
as to impede or obstruct vessel movement in the harbor, and to enforce 
all regulations of this section should the need arise.



Sec. 110.255   Ponce Harbor, P.R.

    (a) Small-craft anchorage. On the northwest of Ponce Municipal Pier 
and northeast of Cayitos Reef, bounded as follows: Beginning at latitude 
17 deg.58'27'', longitude 66 deg.37'29.5'', bearing approximately 
325 deg. true, 2,200 feet from the most southwest corner of Ponce 
Municipal Pier; thence 273 deg.30' true, 1,800 feet; thence 15 deg. 
true, 900 feet; thence 93 deg.30' true, 1,800 feet; thence 195 deg. 
true, 900 feet to the point of beginning.
    (b) The regulations. (1) The Commonwealth Captain of the Port may 
authorize use of this anchorage whenever he finds such use required in 
safeguarding the maritime or commercial interests.
    (2) No vessel shall anchor within the area until assigned a berth by 
the Commonwealth Captain of the Port. Application for permission to 
occupy the anchorage must be submitted in advance by the master or 
authorized representative of the vessel.
    (3) Vessels occupying the anchorage will at all times keep within 
the limits of the area, and shall move or shift their position promptly 
upon notification by the Commonwealth Captain of the Port.

[[Page 369]]

    (4) The anchorage is reserved for all types of small craft, 
including schooners, fishing vessels, yachts and pleasure craft.
    (5) Floats for marking anchors in place will be allowed; stakes or 
mooring piles are prohibited.

[[Page 370]]



                          SUBCHAPTER J--BRIDGES





PART 114--GENERAL--Table of Contents




Sec.
114.01  Purpose.
114.05  Definitions.
114.10  General policies on issuance of permits and drawbridge operation 
          regulations.
114.20  Departure from permit plans.
114.25  Work constructed without prior authority.
114.30  Revocation.
114.40  Violations of law.
114.45  Applications, extensions of time.
114.50  Right of appeal.

    Authority: 33 U.S.C. 401, 491, 499, 521, 525, and 535; 14 U.S.C. 
633; 49 U.S.C. 1655(g); 49 CFR 1.46(c).

    Source: CGFR 67-46, 32 FR 17769, Dec. 12, 1967, unless otherwise 
noted.



Sec. 114.01  Purpose.

    (a) The purpose of the rules and regulations in this subchapter is 
to implement certain laws and set forth the requirements for:
    (1) Locations and clearances of bridges and causeways over the 
navigable waters (33 U.S.C. 401, 491 to 507, and 525 to 534).
    (2) Administration of the alteration of unreasonably obstructive 
bridges (33 U.S.C. 511 to 524).
    (3) Regulation of drawbridge operation (33 U.S.C. 499).
    (b) The rules and regulations in this subchapter also describe the 
procedures and practices, including forms and instructions, which are 
applicable to the public subject to certain laws governing bridges and 
causeways over the navigable waters of the United States.
    (c) Subsection 6(g) of the Department of Transportation Act (Sec. 
6(g), 80 Stat. 937, 49 U.S.C. 1655(g)) transferred and vested in the 
Secretary of Transportation all functions, powers and duties of the 
Secretary of the Army and other officers and offices of the Department 
of the Army under specified laws. The Secretary of Transportation by 49 
CFR 1.45(b) and 1.46(c) (5), (6), (8), (9), and (10) delegated to the 
Commandant, U.S. Coast Guard, with the authority to redelegate within 
the Coast Guard, the authority to exercise the functions, powers, and 
duties of the Secretary with respect to the following provisions of law:
    (1) Section 5 of the Act of August 18, 1894, as amended (28 Stat. 
362; 33 U.S.C. 499), regarding drawbridge operation regulations.
    (2) The Act of June 21, 1940, as amended (54 Stat. 497; 33 U.S.C. 
511 et seq.), regarding unreasonably obstructive bridges.
    (3) Section 9 of the Act of March 3, 1899, as amended (30 Stat. 
1151; 33 U.S.C. 401), regarding construction of bridges, causeways, 
etc., to the extent that it relates generally to the location and 
clearances of bridges and causeways in the navigable waters of the 
United States.
    (4) The Act of March 23, 1906, as amended (34 Stat. 84; 33 U.S.C. 
491 et seq.), regarding general bridge authority to the extent that it 
relates generally to the location and clearances of bridges and 
causeways in the navigable waters of the United States.
    (5) The General Bridge Act of 1946, as amended (60 Stat. 847; 33 
U.S.C. 525 et seq.), to the extent that it relates generally to the 
location and clearances of bridges and causeways in the navigable waters 
of the United States.
    (6) Section 5 of the International Bridge Act of 1972 (86 Stat. 732; 
33 U.S.C. 535c).
    (d) The Commandant has delegated within the Coast Guard authority 
for the issuance of drawbridge operation regulations and permits for the 
construction, reconstruction, or alteration of bridges across navigable 
waters of the United States. These delegations may be found in 
Secs. 1.05-1 and 1.01-60 of this Chapter.

[CGFR 67-46, 32 FR 17769, Dec. 12, 1967, as amended by CGFR 70-115, 35 
FR 15923, Oct. 9, 1970; CGFR 71-95, 36 FR 19160, Sept. 30, 1971; CGD 80-
099, 46 FR 38353, July 27, 1981; 46 FR 42268, Aug. 20, 1981; CGD 82-006, 
47 FR 36640, Aug. 23, 1982; CGD 96-026, 61 FR 33663, June 28, 1996]



Sec. 114.05  Definitions.

    (a) General. Certain terms as used in this subchapter are defined in 
this section.

[[Page 371]]

    (b) Approved. The term ``approved'' means approved by the Commandant 
unless otherwise stated.
    (c) Bridges. The term ``bridge'' means a structure erected across 
navigable waters of the United States, and includes causeways, 
approaches, fenders, and other appurtenances thereto.
    (d) Coast Guard District Commander or District Commander. The term 
``Coast Guard District Commander'' or ``District Commander'' means an 
officer of the Coast Guard designated as such by the Commandant to 
command all Coast Guard activities within his district. (See Part 3 of 
this chapter for descriptions of Coast Guard Districts.)
    (e) Commandant. The term ``Commandant'' means Commandant, U.S. Coast 
Guard, Department of Transportation, Washington, D.C. 20593.
    (f) District Office or Coast Guard District Office. The term 
``District Office'' or ``Coast Guard District Office'' means the Office 
of the Commander of a Coast Guard District.
    (g) Headquarters or Coast Guard Headquarters. The term 
``Headquarters'' or ``Coast Guard Headquarters'' means the Office of the 
Commandant, U.S. Coast Guard, Department of Transportation, Washington, 
D.C. 20593.
    (h) Permit. The term ``permit'' means the license permitting 
construction of bridges and approaches thereto in or over navigable 
waters of the United States, issued under the rules and regulations in 
this subchapter.
    (i) Secretary. The term ``Secretary'' means the Secretary of 
Transportation or any person to whom he has delegated his authority in 
the matter concerned.
    (j) United States Coast Guard or Coast Guard. The term ``United 
States Coast Guard'' or ``Coast Guard'' means the organization or agency 
established by the Act of January 28, 1915, as amended (14 U.S.C. 1).
    (k) [Reserved]
    (l) Assistant Commandant for Operations. The term ``Assistant 
Commandant for Operations'' means the officer of the Coast Guard 
designated by the Commandant as the staff officer in charge of the 
Office of Navigation Safety and Waterway Services, U.S. Coast Guard 
Headquarters.

(33 U.S.C. 401, 491, 525, 535; 49 CFR 1.46(c) (8), (9), (10), (q))

[CGFR 67-46, 32 FR 17769, Dec. 12, 1967, as amended by CGD 76-144, 42 FR 
28882, June 6, 1977; CGD 80-099, 46 FR 38353, July 27, 1981; CGD 82-006, 
47 FR 36640, Aug. 23, 1982; CGD 88-052, 53 FR 25120, July 1, 1988; CGD 
96-026, 61 FR 33663, June 28, 1996; CGD 97-023, 62 FR 33363, June 19, 
1997]



Sec. 114.10  General policies on issuance of permits and drawbridge operation regulations.

    The several bridge laws referenced in Sec. 114.01 Purpose, are 
intended to prevent any interference with navigable waters of the United 
States whether by bridges, dams, dikes or other obstructions to 
navigation except by express permission of the United States. The 
decision as to whether a bridge permit or a drawbridge operation 
regulation will be issued or promulgated must rest primarily upon the 
effect of the proposed action on navigation to assure that the action 
provides the reasonable needs of navigation after full consideration of 
the effect of the proposed action on the human environment. The Coast 
Guard is not responsible for any other permits that the applicant may 
need from other federal, state, or local agencies and issuance of a 
bridge permit does not affect flood control projects or other 
governmental programs.

[CGD 82-006, 47 FR 36640, Aug. 23, 1982]



Sec. 114.20  Departure from permit plans.

    (a) If the final inspection shows a minor departure from the 
authorized plans which does not materially affect navigation, the 
permittee will be required to furnish a tracing showing the work as 
actually constructed but no further action will be taken by the Coast 
Guard.
    (b) It is not the practice of the Coast Guard to issue letters 
certifying that completed work conforms to that which was authorized. 
That question is a matter of fact to be determined in case of 
controversy by the usual rules of court procedure.

[[Page 372]]



Sec. 114.25  Work constructed without prior authority.

    The Commandant or District Commander will approve plans and issue 
permits authorizing bridges across navigable waters, in cases where the 
application therefor is submitted after the commencement or completion 
of the bridges subject to the following rules: Approval will be limited 
to those cases where the necessary primary authority, State or Federal 
as the case may be, validly existed, when the work was innocently 
constructed, and where the work will not unreasonably interfere with 
navigation. Upon issuance of the permit, applicant will be informed that 
the law contemplates prior approval and that in the future plans must be 
submitted in ample time for their consideration by the Commandant or 
District Commander before construction is begun.

(5 U.S.C. 559; 14 U.S.C. 633; 33 U.S.C. 401, 491, 499, and 525; 49 
U.S.C. 1655(g), and 49 CFR 1.46(c) and (q))

[CGD 80-099, 46 FR 38354, July 27, 1981]



Sec. 114.30  Revocation.

    Permits may be revoked by the issuing official for failure on the 
part of the permittee to comply with any of the conditions therein, or 
where the structures or other work constitute an unreasonable 
obstruction to navigation or to operations of the United States in the 
interest of navigation or flood control.

[CGD 82-006, 47 FR 36640, Aug. 23, 1982]



Sec. 114.40  Violations of law.

    The Coast Guard has the authority and responsibility for enforcement 
of the applicable provisions of law for the pretection and preservation 
of navigable waters. It is the policy of the Coast Guard to secure 
compliance with these provisions of law short of legal proceedings. As a 
general principle, no action is taken when the violation is minor, 
unintentional, or accidental and the party responsible corrects the 
violation. It is the policy of the Coast Guard to implement civil or 
criminal proceedings in all other circumstances. These proceedings are 
in subpart 1.07 of Part 1 of this chapter.

(Secs. 107, 108, Pub. L. 97-322, 96 Stat. 1582; (33 U.S.C. 495, 499, 
502, 525, 533); 49 CFR 1.46(c))

[CGD 82-102, 47 FR 54299, Dec. 2, 1982]



Sec. 114.45  Applications, extensions of time.

    Extensions of time to commence or complete construction of a bridge 
or remove a bridge that has been replaced as an element of a permitted 
bridge project must be submitted to, and received by the District 
Commander at least 30 days before the existing permit expires to allow 
the permit to remain in effect until the final agency action is taken.

(33 U.S.C. 401, 491, 525, 535; 49 CFR 1.46(c) (8), (9), (10), (q))

[CGD 76-144, 42 FR 28882, June 6, 1977]



Sec. 114.50  Right of appeal.

    A District Commander's decision to deny a bridge permit application 
or an application for drawbridge operation regulations may be appealed 
to the Commandant, U.S. Coast Guard. The appeal must be submitted in 
writing to the Chief, Office of Bridge Administration, 2100 Second 
Street SW., Washington, DC 20593-0001, within 60 days of the District 
Commander's decision. The Commandant will take action on the appeal 
within 90 days of its receipt.

(5 U.S.C. 559; 14 U.S.C. 633; 33 U.S.C. 401, 491, 499, and 525; 49 
U.S.C. 1655(g), and 49 CFR 1.46(c) and (q))

[CGD 80-099, 46 FR 38354, July 27, 1981, as amended by CGD 88-052, 53 FR 
25120, July 1, 1988; CGD 96-026, 61 FR 33663, June 28, 1996; CGD 97-023, 
62 FR 33363, June 19, 1997]



PART 115--BRIDGE LOCATIONS AND CLEARANCES; ADMINISTRATIVE PROCEDURES--Table of Contents




Sec.
115.01  Purpose.
115.05  Necessary primary authority.
115.10  Limiting date in permits.
115.15  Permit bonds.
115.20  Transfer of permits.
115.30  Sufficiency of State authority for bridges.
115.40  Bridge repairs.
115.50  Applications for bridge permits.

[[Page 373]]

115.60  Procedures for handling applications for bridge construction 
          permits.
115.70  Advance approval of bridges.

    Authority: c. 425, sec. 9, 30 Stat. 1151 (33 U.S.C. 401); c. 1130, 
sec 1, 34 Stat. 84 (33 U.S.C. 491); sec. 5, 28 Stat. 362, as amended (33 
U.S.C. 499); sec. 11, 54 Stat. 501, as amended (33 U.S.C. 521); c. 753, 
Title V, sec. 502, 60 Stat. 847, as amended (33 U.S.C. 525); 86 Stat. 
732 (33 U.S.C. 535); 14 U.S.C. 633; sec. g(6), 80 Stat. 941 (49 U.S.C. 
1655(g)); 49 CFR 1.46(c).

    Source: CGFR 67-46, 32 FR 17771, Dec. 12, 1967, unless otherwise 
noted.



Sec. 115.01  Purpose.

    This part states the requirements for applying for a permit for 
construction of or modification to bridges crossing the navigable waters 
of the United States. It also sets forth the procedures by which the 
application is processed by the Coast Guard.

[CGD 82-006, 47 FR 36641, Aug. 23, 1982]



Sec. 115.05  Necessary primary authority.

    For bridges constructed by State or municipal agencies, the primary 
authority will be presumed without proof. If the law of the State 
requires a license for or approval of the bridge from a constituted 
State agency, a copy of such license or approval will be required and 
may be accepted as evidence of the primary authority. If there be no 
State regulation of bridges in navigable waters, the necessary primary 
authority may be that granted in the charter of a corporation, or the 
authority inherent in the ownership of the land on which the structure 
is placed. The applicant will in such cases be required to furnish an 
extract from the charter, or a statement of ownership. Especial care 
will be taken that Federal approval is not granted when there is doubt 
of the right of the builder to construct and utilize the bridge.



Sec. 115.10  Limiting date in permits.

    (a) Specific time limitations are inserted in all permits for the 
commencement of construction and completion thereof. Normally three 
years for start of construction and two additional years for completion 
may be allowed.
    (b) Specific time limitations are inserted in all permits for the 
removal of bridges being replaced in whole or in part by the newly 
permitted bridges where removal thereof is required as a condition of 
the permit. Normally 90 days for removal after completion of the new 
bridge or opening to land transportation, whichever occurs first, may be 
allowed.

[CGD 75-046, 40 FR 24898, June 11, 1975, as amended by CGD 80-099, 46 FR 
38354, July 27, 1981]



Sec. 115.15  Permit bonds.

    When compensatory works or the removal of temporary structures 
should be required of the permittee, or in other unusual cases when 
there is reason to anticipate that the permittee may fail to carry out 
parts of the work that are against his interest, an additional condition 
will be included in the permit requiring the permittee to furnish a bond 
insuring compliance with the permit requirements.



Sec. 115.20  Transfer of permits.

    Permits express merely the assent of the Federal Government so far 
as concerns the public rights of navigation. Although issued to a 
specific party, the assent is not limited to execution of the work by 
that party and may be availed of by the assignees or purchasers of the 
property affected, provided the terms of the instrument are strictly 
complied with.



Sec. 115.30  Sufficiency of State authority for bridges.

    An opinion of the attorney general of the State as to the 
sufficiency of State authority for the construction of a bridge is 
acceptable to the Coast Guard in doubtful cases.



Sec. 115.40  Bridge repairs.

    Repairs to a bridge which do not alter the clearances, type of 
structure, or any integral part of the substructure or superstructure or 
navigation conditions, but which consist only in the replacement of worn 
or obsolete parts, may, if the bridge is a legally approved structure, 
be made as routine maintenance without approval of the U.S. Coast Guard.



Sec. 115.50  Application for bridge permits.

    (a) Approval of plans. An application for authorization to construct 
a bridge

[[Page 374]]

across navigable waters of the United States must show the name and 
address of the applicant; the waterway and location of the bridge; 
citation to the act of Congress or the State legislature authorizing the 
bridge; be accompanied by a map of the location and plans of the bridge 
showing the features which affect navigation; and papers to establish 
the identity of the applicant.
    (b) Prior authority necessary. Except as provided under paragraph 
(c) of this section, a bridge cannot lawfully be constructed across any 
navigable waterway of the United States until the location and plans 
have been approved by the Coast Guard.
    (c) Prior authority not necessary. Coast Guard approval of the 
location and plans for construction or modification of a bridge or 
causeway is not required for any bridge or causeway over waters which 
are not subject to the ebb and flow of the tide and which are not used 
and are not susceptible to use in their natural condition or by 
reasonable improvement as a means to transport interstate or foreign 
commerce, whether or not such waters were used or were susceptible to 
use, at some previous time, to transport commerce (historic use). This 
provision does not apply to bridges which connect the United States with 
any foreign country.
    (d) Form. The application for the approval of plans consists of a 
letter accompanied with maps and plans of the proposed structure.
    (e) Signature. In case of signature by an agent or by an official of 
a corporation, a duly authenticated copy of the authority for the action 
must accompany the application.
    (f) Identification. If the applicant is a corporation, it must 
furnish certified copies of the following papers, all properly 
authenticated: The charter or articles of incorporation; the minutes of 
organization; extract from minutes showing the names of the present 
officers of the corporation.
    (1) Where State laws vest in State or county officers, such as 
boards of supervisors and county courts, the power to authorize the 
construction of bridges, they must furnish with their application 
certified extracts from their proceedings showing their action 
authorizing the proposed structure.
    (g) Plans. Four sets of plans must be submitted with the 
application, on which the location of the work and the essential 
features covered by the application will be outlined in red. Each 
drawing must have a simple title, date and number, preferably in the 
lower righthand corner.
    (h) Size of sheets. The drawings will be on letter size sheets. As 
few sheets will be used as necessary to show clearly what is proposed.
    (i) Special instructions. (1) The scale will be shown graphically. 
The north and south line will be indicated by a meridian arrow. 
Soundings and elevations will be shown in feet and referred to the 
established Government datum plane at the locality.
    (2) The direction of currents will be indicated by an arrow, and the 
strength of currents, both ebb and flow, or low water and high water, 
will be shown close to the proposed location of the bridge, and at both 
ends of the waterway shown on the map of location.
    (3) The plans will show in figures the least clear height of the 
lowest part of the superstructure over navigation openings, with 
reference to the planes of mean high water and mean low water if the 
bridge is to cross tidal water. If the waters are nontidal, the least 
clear height will be shown with reference to the planes of extreme high 
water and mean low water. If records of river heights are available, the 
plane above which flood waters have not remained more than 2 percent of 
the time will be indicated. Reference will also be made to other datum 
planes if appropriate for the waterway in question.
    (4) If harbor lines have been established at the site of the bridge, 
their position will be shown on the plans.
    (j) Structural details. Only those should be shown which are needed 
to illustrate the effect of the proposed structure on navigation. If the 
bridge is to be equipped with a draw, the latter will be shown in two 
positions: closed and open.
    (k) To whom application should be presented. The application and the 
papers and plans accompanying it should be submitted to the District 
Commander

[[Page 375]]

having jurisdiction over the area in which the bridge site is located.

[CGFR 67-46, 32 FR 17771, Dec. 12, 1967, as amended by CGD 75-046, 40 FR 
24898, June 11, 1975; CGD 80-099, 46 FR 38354, July 27, 1981; CGD 82-
102, 48 FR 54299, Dec. 2, 1982]



Sec. 115.60  Procedures for handling applications for bridge construction permits.

    The following procedures will be observed in the handling of 
applications for permits to construct, modify, or replace bridges over 
navigable waters.
    (a) District Commander's review of application and plans. When an 
application is received, the District Commander verifies the authority 
for construction of the bridge, reviews, the application and plans for 
sufficiency, ascertains the views of local authorities and other 
interested parties, and ensures that the application complies with 
relevant environmental laws, regulations, and orders. If the application 
contains any defects that would prevent issuance of a permit (as for 
example, if the proposed bridge provided insufficient clearance), the 
applicant is notified that the permit cannot be granted and given 
reasons for this determination. The applicant may then request that the 
application be considered by the Commandant. If the applicant makes such 
a request, or if the applicaton is not found defective, the District 
Commander notifies the public that it has been received and continues 
its processing. A copy of this notification will be sent to the state, 
interstate agency or the Environmental Protection Agency (EPA) 
responsible for acting on requests for water quality certification for 
the project. If the state, interstate agency, or the EPA fails to issue 
or deny the water quality certification within 30 days after receiving 
the copy of this notification, the requirements for a water quality 
certification are waived. If the appropriate agency notifies the 
District Commander that the applicant has not filed a request for water 
quality certification, or requests additional time to review an 
application, additional time will be granted.
    (b) Public hearing. (1) Public hearings will be held when there are 
substantial issues concerning the effect that the proposed bridge will 
have on the reasonable needs of navigation.
    (2) Notice of the public hearing will be published in the Federal 
Register. Notice of the hearing is also mailed to State, county, and 
municipal authorities and all other known interested parties. It is also 
posted at the post office nearest the site and public places in the 
vicinity.
    (3) Hearings are public and conducted in an informal manner. A 
designated Coast Guard official presides. The submission of written 
statements is invited and encouraged. Anyone desiring to do so may 
speak. Statements, written or oral, are not under oath, and cross-
examination is not permitted. No fixed order has been established for 
the presentation of evidence or argument although proponents are 
generally heard first, followed by opponents with full opportunity 
afforded for rebuttals.
    (c) Report and recommendations. After the close of the comment 
period and any public hearings, a detailed statement of findings, 
conclusions, and recommendations based on all available information 
(including Coast Guard records and experience) is prepared. The 
following factors may be discussed in this report:
    (1) Comparison of proposed bridge with existing bridges over the 
waterway; attitude of local authorities; summary of objections raised by 
the public, and District Commander's comments or responses; probable 
effect on navigation, present and prospective.
    (2) Description of the navigation on the waterway past the site of 
the proposed bridge, the number and type of vessels, the number of 
vessel trips, and the principal method of handling traffic, whether in 
single vessels or in tows.
    (3) Whether the District Commander approves, or recommends approval 
of the plans. If they are found objectionable, the reasons for this 
finding will be stated. If there are objectionable features in the plans 
which may be corrected, the applicant is given an opportunity to revise 
them. If approval is given or recommended, all conditions to which the 
permit should be subject will be stated.
    (d) Action on permit application. (1) The District Commander may 
issue the

[[Page 376]]

permit if authorized under Sec. 1.01-60(b) of this chapter; otherwise, a 
report with the application shall be submitted to the Commandant for 
final action.
    (2) When an application is approved, the issuing official signs the 
permit and transmits it to the applicant.
    (3) When an application is not approved, the applicant is notified 
and provided with reasons for the disapproval, and suggestions for 
modifications that would justify reconsideration, if appropriate.
    (4) If an application is disapproved by the District Commander, the 
applicant may appeal this decision to the Commandant under Sec. 114.50 
of this chapter. The Commandant's determination shall constitute final 
agency action.
    (e) Permit amendments. Applications for amendments to permits will 
be processed in the same manner as permit applications. The District 
Commander may approve amendments to any permits which that official is 
authorized to issue under Sec. 1.01-60(b) of this chapter. All other 
amendments must be approved by the Commandant.

(5 U.S.C. 559; 14 U.S.C. 633; 33 U.S.C. 401, 491, 499, and 525; 49 
U.S.C. 1655(g), and 49 CFR 1.46(c) and (q))

[CGD 80-099, 46 FR 38354, July 27, 1981; 46 FR 42268, Aug. 20, 1981, as 
amended by CGD 82-006, 47 FR 36641, Aug. 23, 1982; CGD 82-074, 47 FR 
51865, Nov. 18, 1982]



Sec. 115.70  Advance approval of bridges.

    (a) The General Bridge Act of 1946 requires the approval of the 
location and plans of bridges prior to start of construction (33 U.S.C. 
525). The Commandant has given his advance approval to the location and 
plans of bridges to be constructed across reaches of waterways navigable 
in law, but not actually navigated other than by logs, log rafts, 
rowboats, canoes and small motorboats. In such cases the clearances 
provided for high water stages will be considered adequate to meet the 
reasonable needs of navigation.
    (b) The term ``small motorboats'' shall be interpreted in the light 
of the things and conditions with which it is associated. The term means 
rowboats, canoes and other similar craft with outboard motors. It does 
not include sailing or cabin cruiser craft. The term is used to 
distinguish such craft from the definition of ``motorboat'' in the 
Motorboat Act of June 25, 1940 (46 U.S.C. 526), which includes craft up 
to 65 feet in length.

(14 U.S.C. 633; 33 U.S.C. 401, 491, and 525; 49 U.S.C. 1655(g); and 49 
CFR 1.46(c))

[CGFR 67-46, 32 FR 17771, Dec. 12, 1967, as amended by CGD 81-076, 46 FR 
54936, Nov. 5, 1981]



PART 116--ALTERATION OF UNREASONABLY OBSTRUCTIVE BRIDGES--Table of Contents




Sec.
116.01  General.
116.05  Complaints.
116.10  Preliminary review.
116.15  Preliminary investigation.
116.20  Detailed investigation.
116.25  Public hearings.
116.30  Chief, Bridge Administration Division review and evaluation.
116.35  Order to Alter.
116.40  Plans and specifications under the Truman-Hobbs Act.
116.45  Submission of bids, approval of award, guaranty of cost, and 
          partial payments for bridges eligible for funding under the 
          Truman-Hobbs Act.
116.50  Apportionment of costs under the Truman-Hobbs Act.
116.55  Appeals.

    Authority: 33 U.S.C. 401, 521; 49 U.S.C. 1655(g); 49 CFR 1.4, 
1.46(c).

    Source: CGD 91-063, 60 FR 20902, Apr. 28, 1995]



Sec. 116.01  General.

    (a) All bridges are obstructions to navigation and are tolerated 
only as long as they serve the needs of land transportation while 
allowing for the reasonable needs of navigation.
    (b) This part describes the general procedures by which the U.S. 
Coast Guard determines a bridge to be an unreasonable obstruction to 
navigation and issues an Order to Alter under the authority of the 
following statutes, as appropriate: Section 18 of the Rivers and Harbors 
Appropriations Act of 1899, 33 U.S.C. 502; Section 4 of the Bridge Act 
of 1906, 33 U.S.C. 494; or the Truman-Hobbs Act of 1940, as amended, 33 
U.S.C. 511-524.
    (c) A bridge constructed across a navigable water of the United 
States shall not unreasonably obstruct the free navigation of the water 
over which it

[[Page 377]]

was constructed, either due to insufficient height or width of the 
navigation span, or because of difficulty in passing through the draw 
opening. If any bridge unreasonably obstructs navigation, the 
Commandant, U.S. Coast Guard, will order the alteration of that bridge. 
Alterations may include structural changes, replacement, or removal of 
the bridge.
    (d) Whenever the Coast Guard has good reason to believe that a 
bridge across any of the navigable waters of the United States is an 
unreasonable obstruction to navigation, the Coast Guard will give notice 
to the owner of the bridge and other interested parties, and hold a 
public hearing at which the interested parties will have a full 
opportunity to be heard and to offer evidence on the question of whether 
alterations to the bridge are necessary and, if so, the extent of 
alterations needed.
    (e) If the Coast Guard determines that alterations to a bridge are 
necessary, the Commandant, U.S. Coast Guard, will issue to the bridge 
owner an Order to Alter containing details of the alterations necessary 
to render navigation through or under the bridge reasonably free, easy, 
and unobstructed.
    (1) In the case of a railroad or publicly owned highway bridge, an 
Order to Alter is issued to the bridge owner under the provisions of the 
Truman-Hobbs Act (33 U.S.C. 511 et seq.). In ordering these alterations, 
the Coast Guard will give due regard to the necessities of free and 
unobstructed navigation and of rail and highway traffic. For alterations 
to bridges governed by the Truman-Hobbs Act, the Coast Guard must 
approve general plans, specifications, and contracts for the alteration 
project, as well as approving the apportionment of the total cost of the 
alterations between the United States and the bridge owner.
    (2) For all other bridges, the Order to Alter will contain the 
required alterations for the bridge and will prescribe a reasonable time 
in which to accomplish the required alterations. The bridge owner is 
responsible for the entire cost of the required alterations.



Sec. 116.05  Complaints.

    Any person, company, or other entity may submit to the District 
Commander of the Coast Guard district in which a bridge over a navigable 
water of the United States is located, a complaint that a bridge 
unreasonably obstructs navigation. The complaint must be in writing and 
include specific details to support the allegation.



Sec. 116.10  Preliminary review.

    (a) Upon receipt of a written complaint, the District Commander will 
review the complaint to determine if, in the District Commander's 
opinion, the complaint is justified and whether a Preliminary 
Investigation is warranted.
    (1) The District Commander's opinion as to whether or not the 
complaint warrants a Preliminary Investigation will be formed through 
informal discussions with the complainant, users of the affected 
waterway, the owner of the bridge, and other interested parties.
    (2) In forming an opinion, the District Commander may also review 
the district files, records of accidents, and details of any additional 
written complaints associated with the bridge in question.
    (b) In the absence of any written complaint, the District Commander 
may decide, based on a bridge's accident history or other criteria, to 
conduct a Preliminary Investigation.
    (c) The District Commander will inform the complainant and the 
Chief, Office of Bridge Administration of the determination of any 
Preliminary Review. If the District Commander decides that the bridge in 
question is not an unreasonable obstruction to navigation, the 
complainant will be provided with a brief summary of the information on 
which the District Commander based the decision and will be informed of 
the appeal process described in Sec. 116.55. There will be no further 
investigation, unless additional information warrants a continuance or 
reopening of the case.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996]

[[Page 378]]



Sec. 116.15  Preliminary investigation.

    (a) During the Preliminary Investigation, the District Commander 
will prepare a written report containing all pertinent information and 
submit the report, together with a recommendation for or against the 
necessity of a Detailed Investigation, to the Chief, Office of Bridge 
Administration.
    (b) The Preliminary Investigation Report will include a description 
of the nature and extent of the obstruction, the alterations to the 
bridge believed necessary to meet the reasonable needs of existing and 
future navigation, the type and volume of waterway traffic, and a 
calculation of the benefits to navigation which would result from the 
proposed bridge alterations.
    (c) The Chief, Office of Bridge Administration will review the 
Preliminary Investigation Report and make a Preliminary Decision whether 
or not to undertake a Detailed Investigation and a Public Hearing.
    (d) If after reviewing the Preliminary Investigation Report, the 
Chief, Office of Bridge Administration decides that further 
investigation is not warranted, the complainant will be notified of the 
decision. This notification will include a brief summary of information 
on which the decision was based and details of the appeal process 
described in Sec. 116.55.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996]



Sec. 116.20  Detailed investigation.

    (a) When the Chief, Office of Bridge Administration determines that 
a Detailed Investigation should be conducted, the District Commander 
will initiate an investigation that addresses all of the pertinent data 
regarding the bridge, including information obtained at a public hearing 
held under Sec. 116.25. As part of the investigation, the District 
Commander will develop a comprehensive report, termed the ``Detailed 
Investigation Report'', which will discuss: the obstructive character of 
the bridge in question; the impact of that bridge upon navigation; 
navigational benefits derived; whether an alteration is needed to meet 
the needs of navigation; and, if alteration is recommended, what type.
    (b) The District Commander will forward the completed Detailed 
Investigation Report to the Chief, Office of Bridge Administration for 
review together with a recommendation of whether the bridge should be 
declared an unreasonable obstruction to navigation and, if so, whether 
an Order to Alter should be issued.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996]



Sec. 116.25  Public hearings.

    (a) Any time the Chief, Office of Bridge Administration determines 
that a Detailed Investigation is warranted, or when Congress declares a 
bridge unreasonably obstructive, the District Commander will hold a 
public hearing near the location of the bridge to provide the bridge 
owner, waterway users, and other interested parties the opportunity to 
offer evidence and be heard, orally or in writing, as to whether any 
alterations are necessary to provide reasonably free, safe, and 
unobstructed passage for waterborne traffic. The District Commander will 
issue a public notice announcing the public hearing stating the time, 
date, and place of the hearing.
    (b) When a bridge is statutorily determined to be an unreasonable 
obstruction, the scope of the hearing will be to determine what 
navigation clearances are needed.
    (c) In all other cases, the scope of the hearing will be to address 
issues bearing on the question of whether the bridge is an unreasonable 
obstruction to navigation and, if so, what alterations are needed.
    (d) The hearing will be recorded. Copies of the public hearing 
transcript will be available for purchase from the recording service.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended by CGD 96-026, 61 FR 
33664, June 28, 1996]

[[Page 379]]



Sec. 116.30  Chief, Office of Bridge Administration Review and Evaluation.

    (a) Upon receiving a Detailed Investigation Report from a District 
Commander, the Chief, Office of Bridge Administration will review all 
the information and make a final determination of whether or not the 
bridge is an unreasonable obstruction to navigation and, if so, whether 
to issue an Order to Alter. This determination will be accompanied by a 
supporting written Decision Analysis which will include a Benefit/Cost 
Analysis, including calculation of a Benefit/Cost Ratio.
    (b) The Benefit/Cost ratio is calculated by dividing the annualized 
navigation benefit of the proposed bridge alteration by the annualized 
government share of the cost of the alteration.
    (c) Except for a bridge which is statutorily determined to be an 
unreasonable obstruction, an Order to Alter will not be issued under the 
Truman-Hobbs Act unless the ratio is at least 1:1.
    (d) If a bridge is statutorily determined to unreasonably obstruct 
navigation, the Chief, Office of Bridge Administration will prepare a 
Decision Analysis to document and provide details of the required 
vertical and horizontal clearances and the reasons alterations are 
necessary.
    (e) If the Chief, Office of Bridge Administration decides to 
recommend that the Commandant issue an Order to Alter, or a bridge is 
statutorily determined to unreasonably obstruct navigation, the Chief, 
Office of Bridge Administration will issue a letter to the bridge owner 
(``The 60-Day Letter'') at least 60 days before the Commandant issues an 
Order to Alter. This letter will contain the reasons an alteration is 
necessary, the proposed alteration, and, in the case of a Truman-Hobbs 
bridge, an estimate of the total project cost and the bridge owner's 
share.
    (f) If the bridge owner does not agree with the terms proposed in 
the 60-Day Letter, the owner may request a reevaluation of the terms. 
The request for a reevaluation must be in writing, and identify the 
terms for which reevaluation is requested. The request may provide 
additional information not previously presented.
    (g) Upon receipt of the bridge owner's response, the Chief, Office 
of Bridge Administration will reevaluate the situation based on the 
additional information submitted by the bridge owner. If after the 
Chief, Office of Bridge Administration reviews the determination, there 
is no change, the Commandant may issue an Order to Alter as set out in 
Sec. 116.35. The Chief, Office of Bridge Administration determination 
based on the reevaluation will constitute final agency action.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended by CGD 96-026, 61 FR 
33664, June 28, 1996]



Sec. 116.35  Order to Alter.

    (a) If the bridge owner agrees with the contents of the 60-Day 
Letter, if no reply is received by 60 days after the issuance of the 
letter, or if after reevaluation a bridge is determined to be an 
unreasonable obstruction to navigation, the Commandant will issue an 
Order to Alter.
    (1) If a bridge is eligible for funding under the Truman-Hobbs Act, 
the Order to Alter will specify the navigational clearances to be 
accomplished in order to meet the reasonable needs of navigation.
    (2) An Order to Alter for a bridge that is not eligible for Truman-
Hobbs funding will specify the navigational clearances that are required 
to meet the reasonable needs of navigation and will prescribe a 
reasonable time in which to accomplish them.
    (b) If appropriate, the Order to Alter will be accompanied by a 
letter of special conditions setting forth safeguards needed to protect 
the environment or to provide for any special needs of navigation.
    (c) If a proposed alteration to a bridge has desirable, non-
navigational benefits, the Chief, Office of Bridge Administration may 
require an equitable contribution from any interested person, firm, 
association, corporation, municipality, county, or state benefiting from 
the alteration as a prerequisite to the making of an Order to Alter for 
that alteration.
    (d) Failure to comply with any Order to Alter issued under the 
provisions of this part will subject the owner or controller of the 
bridge to the penalties

[[Page 380]]

prescribed in 33 U.S.C. 495, 502, 519, or any other applicable 
provision.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended by CGD 96-026, 61 FR 
33664, June 28, 1996]



Sec. 116.40  Plans and specifications under the Truman-Hobbs Act.

    (a) After an Order to Alter has been issued to a bridge owner under 
the Truman-Hobbs Act, the Chief, Office of Bridge Administration will 
issue a letter to the bridge owner outlining the owner's 
responsibilities to submit plans and specifications to the Chief, Office 
of Bridge Administration for the alteration of the bridge. The plans and 
specifications, at a minimum, must provide for the clearances identified 
in the Order to Alter. The plans and specifications may also include any 
other additional alteration to the bridge that the owner considers 
desirable to meet the requirements of railroad or highway traffic. 
During the alteration process, balanced consideration shall be given to 
the needs of rail, highway, and marine traffic.
    (b) The Chief, Office of Bridge Administration will approve or 
reject the plans and specifications submitted by the bridge owner, in 
whole or in part, and may require the submission of new or additional 
plans and specifications.
    (c) When Chief, Office of Bridge Administration has approved the 
submitted plans and specifications, they are final and binding upon all 
parties, unless later changes are approved by the Chief, Office of 
Bridge Administration. Any changes to the approved plans will be 
coordinated with the District Commander.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended by CGD 96-026, 61 FR 
33664, June 28, 1996]



Sec. 116.45  Submission of bids, approval of award, guaranty of cost, and partial payments for bridges eligible for funding under the Truman-Hobbs Act.

    (a) Once the plans and specifications for a bridge eligible for 
funding under the Truman-Hobbs Act have been approved, the bridge owner 
must take bids for the alteration of the bridge consistent with the 
approved plans and specifications. Those bids must then be submitted to 
the Chief, Office of Bridge Administration for approval.
    (b) After the bridge owner submits the guaranty of cost required by 
33 U.S.C. 515, the Chief, Office of Bridge Administration authorizes the 
owner to award the contract.
    (c) Partial payments of the government's costs are authorized as the 
work progresses to the extent that funds have been appropriated.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended by CGD 96-026, 61 FR 
33664, June 28, 1996]



Sec. 116.50  Apportionment of costs under the Truman-Hobbs Act.

    (a) In determining the apportionment of costs, the bridge owner must 
bear such part of the cost attributable to the direct and special 
benefits which will accrue to the bridge owner as a result of alteration 
to the bridge, including expected savings in repairs and maintenance, 
expected increased carrying capacity, costs attributable to the 
requirements of highway and railroad traffic, and actual capital costs 
of the used service life. The United States will bear the balance of the 
costs, including that part attributable to the necessities of 
navigation.
    (b) ``Direct and special benefits'' ordinarily will include items 
desired by the owner but which have no counterpart or are of higher 
quality than similar items in the bridge prior to alteration. Examples 
include improved signal and fender systems, pro rata share of 
dismantling costs, and improvements included, but not required, in the 
interests of navigation.
    (c) During the development of the Apportionment of Costs, the bridge 
owner will be provided with an opportunity to be heard. Proportionate 
shares of cost to be borne by the United States and the bridge owner are 
developed in substantially the following form:

Total cost of project ________ $________
    Less salvage ________ $________
    Less contribution by third party ________ $________
Cost of alteration to be apportioned ________ $________
Share to be borne by the bridge owner:
Direct and Special Benefits:
    a. Removing old bridge ________ $________
    b. Fixed charges ________ $________

[[Page 381]]

    c. Betterments ________ $________
Expected savings in repair or maintenance costs:
    a. Repair ________ $________
    b. Maintenance ________ $________
Costs attributable to requirements of railroad and/or highway traffic 
          ________ $________
Expenditure for increased carrying capacity ________ $________
Expired service life of old bridge ________ $________
    Subtotal ________ $________
Share to be borne by the bridge owner ________ $________
    Contingencies ________ $________
    Total ________ $________
Share to be borne by the United States ________ $________
    Contingencies ________ $________
    Total ________ $________

    (d) The Order of Apportionment of Costs will include the guaranty of 
costs.



Sec. 116.55  Appeals.

    (a) Except for the decision to issue an Order to Alter, if a 
complainant disagrees with a recommendation regarding obstruction or 
eligibility made by a District Commander, or the Chief, Office of Bridge 
Administration, the complainant may appeal that decision to the 
Assistant Commandant for Operations.
    (b) The appeal must be submitted in writing to the Assistant 
Commandant for Operations, U.S. Coast Guard, 2100 Second Street, SW., 
Washington, DC 20593-0001, within 60 days after the District Commander's 
or the Chief's, Office of Bridge Administration decision. The Assistant 
Commandant for Operations will make a decision on the appeal within 90 
days after receipt of the appeal. The Assistant Commandant for 
Operations' decision of this appeal shall constitute final agency 
action.
    (c) Any Order of Apportionment made or issued under section 6 of the 
Truman-Hobbs Act, 33 U.S.C. 516, may be reviewed by the Court of Appeals 
for any judicial circuit in which the bridge in question is wholly or 
partly located, if a petition for review is filed within 90 days after 
the date of issuance of the order. The review is described in section 10 
of the Truman-Hobbs Act, 33 U.S.C. 520. The review proceedings do not 
operate as a stay of any order issued under the Truman-Hobbs Act, other 
than an order of apportionment, nor relieve any bridge owner of any 
liability or penalty under other provisions of that act.

[CGD 91-063, 60 FR 20902, Apr. 28, 1995, as amended by CGD 96-026, 61 FR 
33663, June 28, 1996; CGD 97-023, 62 FR 33363, June 19, 1997]



PART 117--DRAWBRIDGE OPERATION REGULATIONS--Table of Contents




                     Subpart A--General Requirements

Sec.
117.1  Purpose.
117.3  Applicability.
117.4  Definitions.
117.5  When the draw shall open.
117.7  General duties of drawbridge owners and tenders.
117.9  Delaying opening of a draw.
117.11  Unnecessary opening of the draw.
117.15  Signals.
117.17  Signalling for contiguous drawbridges.
117.19  Signalling when two or more vessels are approaching a 
          drawbridge.
117.21  Signalling for an opened drawbridge.
117.23  Installation of radiotelephones.
117.24  Radiotelephone installation identification.
117.31  Operation of draw for emergency situations.
117.33  Closure of draw for natural disasters or civil disorders.
117.35  Operations during repair or maintenance.
117.37  Opening or closure of draw for public interest concerns.
117.39  Closure of draw due to infrequent use.
117.41  Maintenance of draw in fully open position.
117.43  Changes in draw operation requirements for regulatory purposes.
117.45  Operation during winter season in the Great Lakes area.
117.47  Clearance gages.
117.49  Process of violations.

                    Subpart B--Specific Requirements

117.51  Purpose.
117.53  Applicability.
117.55  Posting of requirements.
117.57  Advance notice.
117.59  Special requirements due to hazards.

                                 Alabama

117.101  Alabama River.
117.103  Bayou LaBatre.
117.105  Bayou Sara.
117.107  Chattahoochee River.
117.109  Coosa River.
117.113  Tensaw River.
117.115  Three Mile Creek.

[[Page 382]]

                                Arkansas

117.121  Arkansas River.
117.123  Arkansas and White Rivers--Automated Railroad Bridges.
117.125  Black River.
117.127  Current River.
117.129  Little Red River.
117.131  Little River.
117.133  Ouachita River.
117.135  Red River.
117.137  St. Francis River.
117.139  White River.

                               California

117.140  General.
117.141  American River.
117.143  Bishop Cut.
117.145  Burns Cutoff.
117.147  Cerritos Channel.
117.149  China Basin, Mission Creek.
117.150  Connection Slough.
117.151  Cordelia Slough (A tributary of Suisun Bay).
117.153  Corte Madera Creek.
117.155  Eureka Slough.
117.157  Georgiana Slough.
117.159  Grant Line Canal.
117.161  Honker Cut.
117.163  Islais Creek (Channel).
117.165  Lindsey Slough.
117.167  Little Potato Slough.
117.169  Mare Island Strait, Napa River, and their tributaries.
117.171  Middle River.
117.173  Miner Slough.
117.175  Mokelumne River.
117.177  Mud Slough.
117.179  Newark Slough.
117.181  Oakland Inner Harbor Tidal Canal.
117.183  Old River.
117.185  Pacheco Creek.
117.187  Petaluma River.
117.189  Sacramento River.
117.191  San Joaquin River.
117.193  San Leandro Bay.
117.195  Snodgrass Slough.
117.197  Sonoma Creek.
117.199  Steamboat Slough.
117.201  Sutter Slough.

                               Connecticut

117.202  Cold Spring Brook.
117.205  Connecticut River.
117.207  Housatonic River.
117.209  Mianus River.
117.211  Mystic River.
117.213  New Haven Harbor, Quinnipiac and Mill Rivers.
117.215  Niantic River.
117.217  Norwalk River.
117.219  Pequonnock River.
117.221  Saugatuck River.
117.223  Shaw Cove.
117.224  Thames River.
117.225  Yellow Mill Channel.

                                Delaware

117.231  Brandywine Creek.
117.233  Broad Creek.
117.235  Chesapeake and Delaware Canal.
117.237  Christina River.
117.239  Lewes and Rehoboth Canal.
117.241  Mispillion River.
117.243  Nanticoke River.
117.245  Smyrna River.

                          District of Columbia

117.253  Anacostia River.
117.255  Potomac River.

                                 Florida

117.261  Atlantic Intracoastal Waterway from St. Marys River to Key 
          Largo.
117.263  Banana River.
117.265  Bayou Chico.
117.267  Big Carlos Pass.
117.269  Biscayne Bay.
117.271  Blackwater River.
117.272  Boot Key Harbor.
117.273  Canaveral Barge Canal.
117.277  Clearwater Pass.
117.279  Coffeepot Bayou.
117.283  Dunns Creek.
117.285  Grand Canal.
117.287  Gulf Intracoastal Waterway.
117.289  Hillsboro Inlet.
117.291  Hillsborough River.
117.295  Kissimmee River.
117.297  Little Manatee River.
117.299  Longboat Pass.
117.300  Loxahatchee River.
117.303  Matlacha Pass.
117.305  Miami River.
117.307  Miami River, North Fork.
117.309  Nassau Sound.
117.311  New Pass.
117.313  New River.
117.315  New River, South Fork.
117.317  Okeechobee Waterway.
117.319  Oklawaha River.
117.323  Outer Clam Bay.
117.325  St. Johns River.
117.327  St. Marks River.
117.329  St. Marys River.
117.333  Suwannee River.
117.335  Taylor Creek.
117.337  Trout River.
117.341  Whitcomb Bayou.

                                 Georgia

117.351  Altamaha River.
117.353  Atlantic Intracoastal Waterway, Savannah River to St. Marys 
          River.
117.359  Chattahoochee River.
117.361  Flint River.
117.363  Ocmulgee River.
117.365  Oconee River.
117.367  Ogeechee River.
117.369  Satilla River.
117.371  Savannah River.
117.373  St. Marys River.

[[Page 383]]

                                  Idaho

117.381  Clearwater River.
117.383  Pend Oreille River.
117.385  Snake River.

                                Illinois

117.389  Calumet River.
117.391  Chicago River.
117.393  Illinois River.
117.395  Illinois Waterway.
117.397  Wabash River.

                                 Indiana

117.401  Trail Creek.
117.403  Wabash River.

                                  Iowa

117.407  Missouri River.

                                 Kansas

117.411  Missouri River.

                                Kentucky

117.415  Green River.
117.417  Ohio River.

                                Louisiana

117.422  Amite River.
117.423  Atchafalaya River.
117.424  Belle River.
117.425  Black Bayou.
117.427  Black River.
117.429  Boeuf Bayou.
117.431  Boeuf River.
117.433  Bonfouca Bayou.
117.435  Caddo Lake.
117.436  Carlin Bayou.
117.437  Colyell Bayou.
117.438  Company Canal.
117.439  Des Allemands Bayou.
117.441  D'Inde Bayou.
117.443  Du Large Bayou.
117.444  Falgout Canal.
117.445  Franklin Canal.
117.447  Grand Cabahanosse Bayou.
117.449  Grosse Tete Bayou.
117.451  Gulf Intracoastal Waterway.
117.453  Houma Canal.
117.455  Houma Navigation Canal.
117.457  Houston River.
117.458  Inner Harbor Navigation Canal, New Orleans.
117.459  Kelso Bayou.
117.460  La Carpe Bayou.
117.461  Lacassine Bayou.
117.463  Lacombe Bayou.
117.465  Lafourche Bayou.
117.467  Lake Pontchartrain.
117.469  Liberty Bayou.
117.471  Little Black Bayou.
117.473  Little River.
117.475  Little (Petit) Caillou Bayou.
117.477  Lower Atchafalaya River.
117.478  Lower Grand River.
117.479  Macon Bayou.
117.480  Mermentau River.
117.481  Milhomme Bayou.
117.482  Nezpique Bayou.
117.483  Ouachita River.
117.484  Pass Manchac.
117.485  Patout Bayou.
117.486  Pierre Pass.
117.487  Plaquemine Bayou.
117.488  Pearl River.
117.489  Plaquemine Brule Bayou.
117.491  Red River.
117.493  Sabine River.
117.494  Schooner Bayou Canal.
117.495  Superior Oil Canal.
117.497  Stumpy Bayou.
117.499  Tante Phine Pass.
117.500  Tchefuncta River.
117.501  Teche Bayou.
117.503  Tensas River.
117.505  Terrebonne Bayou.
117.506  Tickfaw River.
117.507  Tigre Bayou.
117.509  Vermilion River.
117.511  West Pearl River.

                                  Maine

117.521  Back Cove.
117.523  Back River.
117.524  Fore River.
117.525  Kennebec River.
117.527  Kennebunk River.
117.529  Narraguagus River.
117.531  Piscataqua River.
117.532  Presumpscot River.
117.533  Sheepscot River.
117.535  Taunton River.

                                Maryland

117.541  Baltimore Harbor--Patapsco River.
117.543  Bear Creek.
117.547  Bush River.
117.549  Cambridge Harbor.
117.551  Chester River.
117.553  Choptank River.
117.555  College Creek.
117.557  Curtis Creek.
117.559  Isle of Wight Bay.
117.561  Kent Island Narrows.
117.563  Marshyhope Creek.
117.565  Miles River.
117.567  Patuxent River.
117.569  Pocomoke River.
117.571  Spa Creek.
117.573  Stoney Creek.
117.575  Susquehanna River.
117.577  Weems Creek.
117.579  Wicomico River (North Prong).

                              Massachusetts

117.585  Acushnet River.
117.587  Apponagansett River.
117.588  Bass River.
117.589  Cape Cod Canal.
117.591  Charles River and its tributaries.
117.593  Chelsea River.
117.595  Danvers River.

[[Page 384]]

117.597  Dorchester Bay.
117.598  Eel Pond Channel.
117.599  Fort Point Channel.
117.600  Lagoon Pond.
117.601  Malden River.
117.603  Manchester Harbor.
117.605  Merrimack River.
117.607  Mitchell River.
117.609  Mystic River.
117.611  Neponset River.
117.613  North River.
117.615  Plum Island River.
117.617  Reserved Channel.
117.618  Saugus River.
117.619  Taunton River.
117.620  Westport River--East Branch.
117.621  Fore River.
117.622  West Bay.

                                Michigan

117.624  Black River (South Haven).
117.625  Black River.
117.627  Cheboygan River.
117.631  Detroit River (Trenton Channel).
117.633  Grand River.
117.635  Keweenaw Waterway.
117.637  Manistee River.
117.639  Ontonagon River.
117.641  Pine River (Charlevoix).
117.643  Pine River (St. Clair).
117.645  River Rouge.
117.647  Saginaw River.
117.651  St. Joseph River.
117.653  St. Mary's Fall Canal.
117.655  Thunder Bay River.

                                Minnesota

117.661  Duluth Ship Canal (Duluth-Superior Harbor).
117.663  Minnesota River.
117.665  Red River of the North.
117.667  St. Croix River.
117.669  St. Louis River (Duluth-Superior Harbor).
117.671  Upper Mississippi River.

                               Mississippi

117.675  Back Bay of Biloxi.
117.677  Big Sunflower River.
117.680  Industrial Seaway Canal.
117.681  Old Fort Bayou.
117.683  Pascagoula River.
117.684  Pearl River.
117.685  Portage Bayou, Tchoutacabouffa and Wolf Rivers.
117.686  Yazoo River.

                                Missouri

117.687  Missouri River.
117.689  Osage River.

                                Nebraska

117.691  Missouri River.

                              New Hampshire

117.697  Hampton River.
117.699  Little Harbor.
117.700  Piscataqua River.

                               New Jersey

117.701  Alloway Creek.
117.703  Bass River.
117.705  Beaver Dam Creek.
117.709  Cheesequake Creek.
117.711  Cohansey River.
117.713  Cooper River.
117.714  Corson Inlet.
117.715  Debbies Creek.
117.716  Delaware River.
117.719  Elizabeth River.
117.723  Hackensack River.
117.725  Manantico Creek.
117.727  Manasquan River.
117.729  Mantua Creek.
117.731  Maurice River.
117.731a  Mullica River.
117.732  Nacote Creek.
117.733  New Jersey Intracoastal Waterway.
117.734  Navesink River (Swimming River).
117.735  Newark Bay.
117.736  Oceanport Creek.
117.737  Oldmans Creek.
117.738  Overpeck Creek.
117.739  Passaic River.
117.741  Raccoon Creek.
117.743  Rahway River.
117.745  Rancocas River (Creek).
117.747  Raritank River, Arthur Kill, and their tributaries.
117.749  Salem River.
117.750  Schellenger Creek.
117.751  Shark River (South Channel).
117.753  Ship Channel, Great Egg Harbor Bay.
117.755  Shrewsbury River.
117.756  South River.
117.757  Tuckahoe River.
117.759  Wading River.
117.761  Woodbridge Creek.

                                New York

117.769  Black Rock Canal.
117.771  Bronx River.
117.773  Buffalo River.
117.775  Coney Island Creek.
117.779  Eastchester Bay (Arm of).
117.781  East River.
117.783  Flushing Creek.
117.785  Genessee River.
117.787  Gowanus Canal.
117.789  Harlem River.
117.791  Hudson River.
117.793  Hutchinson River (Eastchester Creek).
117.795  Jamaica Bay and Connecting Waterways.
117.797  Lake Champlain.
117.799  Long Island, New York Island Waterway from East Rockaway Inlet 
          to Shinnecock Canal.
117.801  Newtown Creek, Dutch Kills, English Kills and their 
          tributaries.

[[Page 385]]

117.803  Niagara River.
117.805  Peekskill (Annsville) Creek.
117.807  Richmond Creek.
117.809  Tonawanda Creek.
117.811  Tonawanda Harbor.
117.813  Wappinger Creek.
117.815  Westchester Creek.

                             North Carolina

117.821  Atlantic Intracoastal Waterway, Albemarle Sound to Sunset 
          Beach.
117.822  Beaufort Channel, NC.
117.823  Neuse River.
117.825  Newport River.
117.829  Northeast River.
117.831  Pamlico and Tar Rivers.
117.833  Pasquotank River.
117.835  Perquimans River.
117.837  Roanoke River.
117.841  Smith Creek.
117.843  Trent River.

                                  Ohio

117.847  Ashtabula River.
117.849  Muskingum River (Zanesville Canal).
117.850  Black River.
117.851  Portage River.
117.853  Sandusky Bay.
117.855  Maumee River.

                                 Oregon

117.861  Blind Slough.
117.863  Catching Slough.
117.865  Clatskanie River.
117.867  [Reserved]
117.869  Columbia River.
117.871  Coos Bay.
117.873  Coos River.
117.875  Coquille River.
117.879  Isthmus Slough.
117.881  John Day River.
117.885  [Reserved]
117.887  Oregon Slough (North Portland Harbor).
117.889  Suislaw River.
117.891  [Reserved]
117.892  South Slough.
117.893  Umpqua River.
117.895  Wallooskee River.
117.897  Willamette River.
117.899  Youngs Bay and Lewis and Clark River.

                              Pennsylvania

117.901  Chester Creek.
117.903  Darby Creek.
117.904  Delaware River.
117.905  Schuylkill River.

                              Rhode Island

117.907  Providence River.

                             South Carolina

117.911  Atlantic Intracoastal Waterway, Little River to Savannah River.
117.913  Ashepoo River.
117.915  Ashley River.
117.917  Battery Creek.
117.921  Broad River.
117.923  Congaree River.
117.925  Cooper River.
117.927  Coosaw River (Whale Branch).
117.929  Durham Creek.
117.933  Pee Dee River.
117.935  Rantowles Creek.
117.937  Savannah River.
117.938  Waccamaw River.
117.939  Wando River.

                              South Dakota

117.941  Missouri River.

                                Tennessee

117.943  Cumberland River.
117.945  Hatchie River.
117.947  Obion River.
117.949  Tennessee River.

                                  Texas

117.951  Arroyo Colorado River.
117.953  Brazos River (Diversion Channel).
117.955  Buffalo Bayou.
117.957  Cedar Bayou.
117.959  Chocolate Bayou.
117.961  Clear Creek.
117.963  Colorado River.
117.965  Cow Bayou.
117.967  Greens Bayou.
117.968  Gulf Intracoastal Waterway.
117.969  Lavaca River.
117.971  Neches River.
117.975  Old Brazos River.
117.977  Pelican Island Causeway, Galveston Channel.
117.979  Sabine Lake.
117.981  Sabine River.
117.983  Sabine River (Old Channel) behind Orange Harbor Island.
117.984  San Bernard River.
117.987  Taylor Bayou.
117.989  Trinity River.
117.991  Victoria Channel.

                                 Vermont

117.993  Lake Champlain.

                                Virginia

117.995  Appomattox River.
117.997  Atlantic Intracoastal Waterway, South Branch of the Elizabeth 
          River to the Albemarle and Chesapeake Canal.
117.999  Blackwater River.
117.1001  Cat Point Creek.
117.1003  Chickahominy River.
117.1007  Elizabeth River--Eastern Branch.
117.1011  Great Wicomico River.
117.1013  Kinsale Creek.
117.1015  Mattaponi River.
117.1021  North Landing River.
117.1023  Pamunkey River.
117.1025  York River.

[[Page 386]]

                               Washington

117.1031  Chehalis River.
117.1035  Columbia River.
117.1037  Cowlitz River.
117.1039  [Reserved]
117.1041  Duwamish Waterway.
117.1045  Hood Canal.
117.1047  Hoquiam River.
117.1049  Lake Washington.
117.1051  Lake Washington Ship Canal.
117.1053  Lewis River.
117.1055  Skagit River.
117.1057  Skamokawa Creek.
117.1058  Snake River.
117.1059  Snohomish River, Steamboat Sough, and Ebey Slough.
117.1061  Tacoma Harbor.
117.1063  Willapa River.
117.1065  Wishkah River.

                                Wisconsin

117.1081  Black River.
117.1083  Duluth-Superior Harbor (St. Louis River).
117.1085  East River.
117.1087  Fox River.
117.1089  Manitowoc River.
117.1091  Menomonee River.
117.1093  Milwaukee, Menomonee, and Kinnickinnic Rivers and South 
          Menomonee and Burnham Canals.
117.1095  Root River.
117.1097  Sheboygan River.
117.1099  St. Croix River.
117.1101  Sturgeon Bay.
117.1103  Upper Mississippi River.
117.1105  Wisconsin River.
117.1107  Wolf River.

    Appendix A to Part 117--Drawbridges Equipped With Radiotelephones

    Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 Stat. 
5039.

    Source: CGD 82-025, 49 FR 17452, Apr. 24, 1984, unless otherwise 
noted.



                     Subpart A--General Requirements



Sec. 117.1  Purpose.

    This subpart prescribes general requirements relating to the use and 
operation of drawbridges across the navigable waters of the United 
States.

    Note: The primary jurisdiction to regulate drawbridges across the 
navigable waters of the United States is vested in the Federal 
Government. Laws, ordinances, regulations, and rules which purport to 
regulate these bridges and which are not promulgated by the Federal 
Government have no force and effect.



Sec. 117.3  Applicability.

    The provisions of this subpart not in conflict with the provisions 
of Subpart B apply to each drawbridge.

    Note: For all of the requirements applicable to a drawbridge listed 
in Subpart B, one must review the requirements in Subpart A and 
Secs. 117.51 through 117.99 of Subpart B, as well as the requirements in 
Subpart B applicable to the particular drawbridge in question.



Sec. 117.4  Definitions.

    Certain terms used in this part are defined in this section.
    Appurtenance. The term ``appurtenance'' means an attachment or 
accessory extending beyond the hull or superstructure that is not an 
integral part of the vessel and is not needed for a vessel's piloting, 
propelling, controlling, or collision avoidance capabilities.
    Lowerable. The term ``lowerable'' means the nonstructural vessel 
appurtenance can be mechanically or manually lowered and raised again. 
The term ``lowerable'' also applies to a nonstructural vessel 
appurtenance which can be modified to make the item flexible, hinged, 
collapsible, or telescopic such that it can be mechanically or manually 
lowered and raised again. Failure to make the modification is considered 
equivalent to refusing to lower a lowerable nonstructural appurtenance 
that is not essential to navigation. Examples of appurtenances which are 
considered to be lowerable include, but are not limited to, fishing 
outriggers, radio antennae, television antennae, false stacks, and masts 
purely for ornamental purposes. Examples of appurtenances which are not 
considered to be lowerable include, but are not limited to, radar 
antennae, flying bridges, sailboat masts, piledriver leads, spud frames 
on hydraulic dredges, drilling derricks' substructures and buildings, 
cranes on drilling or construction vessels, or other items of permanent 
and fixed equipment.
    Nonstructural. The term ``nonstructural'' means that the item is not 
rigidly fixed to the vessel and is thus susceptible to relocation or 
alteration.
    Not essential to navigation. The term ``not essential to 
navigation'' means

[[Page 387]]

the nonstructural vessel appurtenance does not adversely affect the 
vessel's piloting, propulsion, control, or collision avoidance 
capabilities when in the lowered position.

[CGD 91-059, 59 FR 16563, Apr. 7, 1994]



Sec. 117.5  When the draw shall open.

    Except as otherwise required by this subpart, drawbridges shall open 
promptly and fully for the passage of vessels when a request to open is 
given in accordance with this subpart.

    Editorial Note: For Federal Register citations relating to temporary 
deviations from the regulatory provisions in Sec. 117.5, see the List of 
CFR Sections Affected in the Finding Aids section of this volume.



Sec. 117.7  General duties of drawbridge owners and tenders.

    (a) Drawbridge owners and tenders shall operate the draw in 
accordance with the requirement in this part.
    (b) Except for drawbridges not required to open for the passage of 
vessels, owners of drawbridges shall ensure that:
    (1) The necessary drawtenders are provided for the safe and prompt 
opening of the draw;
    (2) The operating machinery of the draw is maintained in a 
serviceable condition; and.
    (3) The draws are operated at sufficient intervals to assure their 
satisfactory operation.



Sec. 117.9  Delaying opening of a draw.

    No person shall unreasonably delay the opening of a draw after the 
signals required by Sec. 117.15 have been given.

    Note: Trains are usually controlled by the block method. That is, 
the track is divided into blocks or segments of a mile or more in 
length. When a train is in a block with a drawbridge, the draw may not 
be able to open until the train has passed out of the block and the 
yardmaster or other manager has ``unlocked'' the drawbridge controls. 
The maximum time permitted for delay is defined in Subpart B for each 
affected bridge. Land and water traffic should pass over or through the 
draw as soon as possible in order to prevent unnecessary delays in the 
opening and closure of the draw.



Sec. 117.11  Unnecessary opening of the draw.

    No vessel owner or operator shall--
    (a) Signal a drawbridge to open if the vertical clearance is 
sufficient to allow the vessel, after all lowerable nonstructural vessel 
appurtenances that are not essential to navigation have been lowered, to 
safely pass under the drawbridge in the closed position; or
    (b) Signal a drawbridge to open for any purpose other than to pass 
through the drawbridge opening.

[CGD 91-059, 59 FR 16563, Apr. 7, 1994]



Sec. 117.15  Signals.

    (a) General. (1) The operator of each vessel requesting a drawbridge 
to open shall signal the drawtender and the drawtender shall acknowledge 
that signal. The signal shall be repeated until acknowledged in some 
manner by the drawtender before proceeding.
    (2) The signals used to request the opening of the draw and to 
acknowledge that request shall be sound signals, visual signals, or 
radiotelephone communications described in this subpart.
    (3) Any of the means of signaling described in this subpart 
sufficient to alert the party being signaled may be used.
    (b) Sound signals. (1) Sound signals shall be made by whistle, horn, 
megaphone, hailer, or other device capable of producing the described 
signals loud enough to be heard by the drawtender.
    (2) As used in this section, ``prolonged blast'' means a blast of 
four to six seconds duration and ``short blast'' means a blast of 
approximately one second duration.
    (3) The sound signal to request the opening of a draw is one 
prolonged blast followed by one short blast sounded not more than three 
seconds after the prolonged blast. For vessels required to be passed 
through a draw during a scheduled closure period, the sound signal to 
request the opening of the draw during that period is five short blasts 
sounded in rapid succession.
    (4) When the draw can be opened immediately, the sound signal to 
acknowledge a request to open the draw is one prolonged blast followed 
by one short blast sounded not more than 30 seconds after the requesting 
signal.
    (5) When the draw cannot be opened immediately, or is open and shall 
be

[[Page 388]]

closed promptly, the sound signal to acknowledge a request to open the 
draw is five short blasts sounded in rapid succession not more than 30 
seconds after the vessel's opening signal. The signal shall be repeated 
until acknowledged in some manner by the requesting vessel.
    (c) Visual signals. (1) The visual signal to request the opening of 
a draw is--
    (i) A white flag raised and lowered vertically; or
    (ii) A white, amber, or green light raised and lowered vertically.
    (2) When the draw can be opened immediately, the visual signal to 
acknowledge a request to open the draw, given not more than 30 seconds 
after the vessel's opening signal, is--
    (i) A white flag raised and lowered vertically;
    (ii) A white, amber, or green light raised and lowered vertically; 
or
    (iii) A fixed or flashing white, amber, or green light or lights.
    (3) When the draw cannot be opened immediately, or is open and must 
be closed promptly, the visual signal to acknowledge a request to open 
the draw is--
    (i) A red flag or red light swung back and forth horizontally in 
full sight of the vessel given not more than 30 seconds after the 
vessel's opening signal; or
    (ii) A fixed or flashing red light or lights given not more than 30 
seconds after the vessel's opening signal.
    (4) The acknowledging signal when the draw cannot open immediately 
or is open and must be closed promptly shall be repeated until 
acknowledged in some manner by the requesting vessel.
    (d) Radio telephone communications. (1) Radiotelephones may be used 
to communicate the same information provided by sound and visual 
signals.
    Note: Call signs and radio channels for drawbridges with 
radiotelephones are listed in Appendix A to this part.
    (2) The vessel and the drawtender shall monitor the frequency used 
until the vessel has cleared the draw.
    (3) When radiotelephone contact cannot be initiated or maintained, 
sound or visual signals under this section shall be used.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 82-025, 50 FR 
11366, Mar. 21, 1985; CGD 84-022, 51 FR 16308, May 2, 1986; CGD 96-026, 
61 FR 33664, June 28, 1996]



Sec. 117.17  Signalling for contiguous drawbridges.

    When a vessel must past two or more drawbridges close together, the 
opening signal is given for the first bridge. After acknowledgment from 
the first bridge that it will promptly open, the opening signal is given 
for the second bridge, and so on until all bridges that the vessel must 
pass have been given the opening signal and have acknowledged that they 
will open promptly.



Sec. 117.19  Signalling when two or more vessels are approaching a drawbridge.

    When two or more vessels are approaching the same drawbridge at the 
same time, or nearly the same, time, whether from the same or opposite 
directions, each vessel shall signal independently for the opening of 
the draw and the drawtender shall reply in turn to the signal of each 
vessel. The drawtender need not reply to signals by vessels accumulated 
at the bridge for passage during a scheduled open period.



Sec. 117.21  Signalling for an opened drawbridge.

    When a vessel approaches a drawbridge with the draw in the open 
position, the vessel shall give the opening signal. If no acknowledgment 
is received within 30 seconds, the vessel may proceed, with caution, 
through the open draw.



Sec. 117.23  Installation of radiotelephones.

    (a) When the District Commander deems it necessary for reasons of 
safety of navigation, the District Commander may require the 
installation and operation or a radiotelephone on or near a drawbridge.
    (b) The District Commander gives written notice of the proposed 
requirement to the bridge owner.

[[Page 389]]

    (c) All comments the owner wishes to submit shall be submitted to 
the District Commander within 30 days of receipt of the notice under 
paragraph (b) of this section.
    (d) If, upon consideration of the comments received, the District 
Commander determines that a radiotelephone is necessary, the District 
Commander notifies the bridge owner that a radiotelephone shall be 
installed and gives a reasonable time, not to exceed six months, to 
install the radiotelephone and commence operation.



Sec. 117.24  Radiotelephone installation identification.

    (a) The Coast Guard authorizes, and the District Commander may 
require the installation of a sign on drawbridges, on the upstream and 
downstream sides, indicating that the bridge is equipped with and 
operates a VHF radiotelephone in accordance with Sec. 117.23.
    (b) The sign shall give notice of the radiotelephone and its calling 
and working channels--
    (1) In plain language; or
    (2) By a sign consisting of the outline of a telephone handset with 
the long axis placed horizontally and a vertical three-legged lightning 
slash superimposed over the handset. The slash shall be as long 
vertically as the handset is wide horizontally and normally not less 
than 27 inches and no more than 36 inches long. The preferred calling 
channel should be shown in the lower left quadrant and the preferred 
working channel should be shown in the lower right quadrant.

    Note: It is recommended that the radiotelephone sign be similar in 
design to the Service Signs established by the Federal Highway 
Administration (FHWA) in U.S. Road Symbol Signs using Reflective Blue 
and Reflective White colors. Color and design information is available 
from the District Commander of the Coast Guard District in which the 
bridge is located.

[CGD 84-022, 51 FR 16308, May 2, 1986]



Sec. 117.31  Operation of draw for emergency situations.

    (a) When a drawtender is informed by a reliable source that an 
emergency vehicle is due to cross the draw, the drawtender shall take 
all reasonable measures to have the draw closed at the time the 
emergency vehicle arrives at the bridge.
    (b) When a drawtender receives notice, or a proper signal as 
provided in Sec. 117.15 of this part, the drawtender shall take all 
reasonable measures to have the draw opened, regardless of the operating 
schedule of the draw, for passage of the following, provided this 
opening does not conflict with local emergency management procedures 
which have been approved by the cognizant Coast Guard Captain of the 
Port:
    (1) Federal, State, and local government vessels used for public 
safety;
    (2) Vessels in distress where a delay would endanger life or 
property;
    (3) Commercial vessels engaged in rescue or emergency salvage 
operations; and
    (4) Vessels seeking shelter from severe weather.

[CGD 91-016, 58 FR 20, Jan. 4, 1993]



Sec. 117.33  Closure of draw for natural disasters or civil disorders.

    Drawbridges need not open for the passage of vessels during periods 
of natural disasters or civil disorders declared by the appropriate 
authorities unless otherwise provided for in Subpart B or directed to do 
so by the District Commander.



Sec. 117.35  Operations during repair or maintenance.

    (a) When operation of the draw must deviate from the regulations in 
this part for scheduled repair or maintenance work, the drawbridge owner 
shall request approval from the District Commander at least 30 days 
before the date of the intended change. The request shall include a 
brief description of the nature of the work to be performed and the 
times and dates of requested changes. The District Commander's decision 
is forwarded to the applicant within five working days of the receipt of 
the request. If the request is denied, the reasons for the denial are 
forwarded with the decision.
    (b) When the draw is rendered inoperative because of damage to the 
structure or when vital, unscheduled repair or maintenance work shall be 
performed without delay, the drawbridge

[[Page 390]]

owner shall immediately notify the District Commander and give the 
reasons why the draw is or should be rendered inoperative and the 
expected date of completion of the repair or maintenance work.
    (c) All repair or maintenance work under this section shall be 
performed with all due speed in order to return the draw to operation as 
soon as possible.
    (d) If the operation of the draw will be affected for periods of 
less than 60 days, the regulations in this part will not be amended. 
Where practicable, the District Commander publishes notice of the 
temporary deviations from the regulations in this part in the Federal 
Register and Local Notices to Mariners. If operation of the draw is 
expected to be affected for more than 60 days, the District Commander 
publishes temporary regulations covering the repair period.



Sec. 117.37  Opening or closure of draw for public interest concerns.

    (a) For reasons of public health or safety or for public functions, 
such as street parades and marine regattas, the District Commander may 
authorize the opening or closure of a drawbridge for a specified period 
of time.
    (b) Requests for opening or closure of a draw shall be submitted to 
the District Commander at least 30 days before the proposed opening or 
closure and include a brief description of the proposed event or other 
reason for the request, the reason why the opening or closure is 
required, and the times and dates of the period the draw is to remain 
open or closed.
    (c) Approval by the District Commander depends on the necessity for 
the opening or closure, the reasonableness of the times and dates, and 
the overall effect on navigation and users of the bridge.



Sec. 117.39  Closure of draw due to infrequent use.

    Upon written request by the owner or operator of a drawbridge, the 
District Commander may, after notice in the Federal Register and 
opportunity for public comment, permit the draw to be closed and 
untended due to infrequency of use of the draw by vessels. The District 
Commander may condition approval on the continued maintenance of the 
operating machinery.



Sec. 117.41  Maintenance of draw in fully open position.

    The draw may be maintained in the fully open position to permit the 
passage of vessels and drawtender service discontinued if the District 
Commander is notified in advance. The draw shall remain in the fully 
open position until drawtender service is restored or authorization 
under Sec. 117.39 is given for the draw to remain closed and untended.



Sec. 117.43  Changes in draw operation requirements for regulatory purposes.

    In order to evaluate suggested changes to the drawbridge operation 
requirements, the District Commander may authorize temporary deviations 
from the regulations in this part for periods not to exceed 90 days. 
Notice of these deviations is disseminated in the Local Notices to 
Mariners and published in the Federal Register.

[CGD-92-015b, 58 FR 46081, Sept. 1, 1993]



Sec. 117.45  Operation during winter in the Great Lakes area.

    (a) The Commander, Ninth Coast Guard District, may determine that 
drawbridges located in the Ninth Coast Guard District need not open 
during the winter season when general navigation is curtailed, unless a 
request to open the draw is given at least 12 hours before the time of 
the intended passage.
    (b) Notice of these determinations is disseminated in Local Notices 
to Mariners and other appropriate media. Notices indicate--
    (1) The name and location of the bridge affected;
    (2) The period of time covered; and
    (3) The telephone number and address of the party to whom requests 
for openings are given.



Sec. 117.47  Clearance gauges.

    (a) Clearance gauges are required for drawbridges across navigable 
waters of the United States discharging into the Atlantic Ocean south of 
Delaware Bay (including the Lewes and Rehoboth Canal, DE) or into the 
Gulf of Mexico

[[Page 391]]

(including coastal waterways contiguous thereto and tributaries to such 
waterways and the Lower Atchafalaya River, LA), except the Mississippi 
River and its tributaries and outlets,
    (b) Except for provisions in this part which specify otherwise for 
particular drawbridges, clearance gauges shall be designed, installed, 
and maintained according to the provisions of Sec. 118.160 of this 
chapter.

    Note: Clearance gauge requirements, if any, for drawbridges other 
than those referred to in this section are listed in Subpart B under the 
appropriate bridge.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 84-022, 51 FR 
16308, May 2, 1986; CGD 96-026, 61 FR 33664, June 28, 1996]



Sec. 117.49  Process of violations.

    (a) Complaints of alleged violations under this part are submitted 
to the District Commander of the Coast Guard District in which the 
drawbridge is located.
    (b) Penalties for violations under this part are assessed and 
collected under Subpart 1.07 of Part 1 of this chapter.



                    Subpart B--Specific Requirements



Sec. 117.51  Purpose.

    This subpart prescribes specific requirements relating to the 
operation of certain drawbridges.

    Note: The drawbridges under this subpart are listed by the waterway 
they cross and by the state in which they are located. Waterways are 
arranged alphabetically by state. The drawbridges listed under a 
waterway are generally arranged in order from the mouth of the waterway 
moving upstream. The drawbridges on the Atlantic Intracoastal Waterway 
are listed from north to south and on the Gulf Intracoastal Waterway 
from east to west.



Sec. 117.53  Applicability.

    (a) The requirements in this subpart apply to the bridges listed and 
are in addition to, or vary from, the general requirements in Subpart A.
    (b) A requirement in this subpart which varies from a general 
requirement in Subpart A supersedes the general requirement.
    (c) All other general requirements in Subpart A not at variance 
apply to the bridges listed in this subpart.
    (d) The draws of a number of the bridges listed in this subpart need 
not open for the passage of vessels during certain periods, however, 
this does not preclude the bridge owner from directing the drawtender to 
open the draw during these periods.



Sec. 117.55  Posting of requirements.

    (a) The owner of each drawbridge under this subpart, other than 
removable span bridges, shall ensure that a sign summarizing the 
requirements in this subpart applicable to the bridge is posted both 
upstream and downstream of the bridge. The requirements to be posted 
need not include those in Subpart A or Secs. 117.51 through 117.99.
    (b) The signs shall be of sufficient size and so located as to be 
easily read at any time from an approaching vessel.
    (c) If advance notice is required to open the draw, the signs shall 
also state the name, address, and telephone number of the person to be 
notified.



Sec. 117.57  Advance notice.

    Owners and tenders of drawbridges requiring advance notice to open 
shall use all reasonable means to open the draw at the requested time 
and give due regard to the possibility that a brief delay may be 
experienced by the vessel giving the advance notice.



Sec. 117.59  Special requirements due to hazards.

    For the duration of occurrences hazardous to safety or navigation, 
such as floods, freshets, and damage to the bridge or fender system, the 
District Commander may require the owner of an operational drawbridge 
listed in this subpart to have the bridge attended full time and open on 
signal.

                                 Alabama



Sec. 117.101  Alabama River.

    (a) The draw of the Burlington Northern railroad bridge, mile 105.3 
at Coy, shall open on signal if at least 48 hours notice is given.
    (b) The draw of the Illinois Central Gulf railroad bridge, mile 277 
near Montgomery, shall open on signal if at least 24 hours notice is 
given.

[[Page 392]]

    (c) The draw of the US31 and 82 bridge, mile 278.2 near Montgomery, 
shall open on signal if at least 24 hours notice is given.
    (d) The draw of the Seaboard System Railroad bridge, mile 293.3 near 
Montgomery, shall open on signal if at least 24 hours notice is given.



Sec. 117.103  Bayou La Batre.

    The draw of the S188 bridge, mile 2.3 at Bayou La Batre, shall open 
on signal; except that, the draw need not be opened from 8 p.m. to 4 
a.m. daily, and from 6:30 to 8:30 a.m. and from 2 to 5 p.m. Monday 
through Saturday except holidays.

[CGD8-87-11, 53 FR 5165, Feb. 22, 1988]



Sec. 117.105  Bayou Sara.

    The draw of the Seaboard System Railroad bridge, mile 0.1 near 
Saraland, shall open on signal; except that, from 6 p.m. to 10 a.m. the 
draw shall open on signal if at least eight hours notice is given. 
During periods of severe storms or hurricanes, from the time the 
National Weather Service sounds an ``alert'' for the area until the 
``all clear'' is sounded, the draw shall open on signal.

[CGD8-85-12, 50 FR 41685, Oct. 15, 1985]



Sec. 117.107  Chattahoochee River.

    The draws of the Seaboard System Railroad bridge, mile 117.1 near 
Omaha, GA, shall open on signal if at least six hours notice is given.



Sec. 117.109  Coosa River.

    The draw of the Seaborad System Railroad bridge, mile 175.0 at 
Gadsden, shall open on signal if at least six hours notice is given.



Sec. 117.113  Tensaw River.

    The draw of the Seaboard System Railroad bridge, mile 15.0 at 
Hurricane, shall open on signal; except that, from 5 p.m. to 9 a.m., the 
draw shall open on signal if at least eight hours notice is given. 
During periods of severe storms or hurricanes, from the time the 
National Weather Service sounds an ``alert'' for the area until the 
``all clear'' is sounded, the draw shall open on signal.

[CGD8-85-09, 50 FR 37356, Sept. 13, 1985]



Sec. 117.115  Three Mile Creek.

    (a) The draw of the US43 bridge, mile 1.0 at Mobile, need not be 
opened from 7 a.m. to 9 a.m. and from 4:30 p.m. to 6:30 p.m. daily. At 
all other times, the draw shall open on signal if at least 12 hours 
notice is given.
    (b) The draw of the Southern Railway bridge, mile 1.1 at Mobile, 
shall open on signal if at least five days notice is given.

                                Arkansas



Sec. 117.121  Arkansas River

    The draw of the Missouri Pacific Railroad bridge, mile 23.1 near 
Yancopin, shall open on signal if at least 96 hours notice is given.



Sec. 117.123  Arkansas and White Rivers--Automated Railroad Bridges.

    (a) Across the Arkansas River, the draw of the Cotton Belt Railroad 
(Rob Roy) Bridge, Mile 67.4, is maintained in the closed position and is 
remotely operated. The following signals shall be used:
    (1) The opening signal from the vessel for each of these bridges is 
three short blasts.
    (2) The acknowledging signal is flashing white lights visible 
upstream and downstream. When the operator of the vessel sights the 
acknowledging signal, one prolonged blast shall be sounded.
    (3) This signal is acknowledged by the bridge controller when the 
draw is to open by changing the flashing white lights to continuous 
white lights, and sounding one blast on a horn. When the span is fully 
raised to a maximum clearance of 52 feet, the navigation lights at mid 
channel change from red to green, indicating that the draw is ready for 
passage.
    (4) If the draw cannot open, flashing amber warning lights are 
flashed and four blasts are sounded, indicating that a train is 
approaching or that maintenance work is in progress.
    (5) The vessel shall acknowledge that there is a delay by sounding 
four short blasts.

[[Page 393]]

    (6) When the draw opens (after the train crosses or when maintenance 
work permits), the amber lights are turned off, the continuous white 
lights turned on, and one blast sounded, to indicate the draw is ready 
for passage.
    (7) The vessel acknowledges with one blast and, after the draw is 
fully open, may proceed through the draw.
    (8) When the vessel clears the draw, the mid channel navigation 
light changes from green to red, the amber warning lights will flash, 
and, after one minute, the draw lowers and locks.
    (b) The draws of the Junction Railroad Bridge at mile 118.7 and the 
Baring Cross Railroad Bridge at mile 119.6, Arkansas River, at Little 
Rock, are maintained in the closed position and are remotely operated. 
The draw of the Rock Island Railroad Bridge at mile 118.2, Arkansas 
River, at Little Rock, is maintained in the open position. Use the 
following procedures to request opening of these bridges when necessary 
for transit;
    (1) Normal Flow Procedures. Any upbound or downbound vessel which 
requires opening the draw of any of these bridges shall establish 
contact by radiotelephone with the remote drawbridge operator on VHF-FM 
Channel 13 in North Little Rock, Arkansas. The remote drawbridge 
operator will advise the vessel whether the requested span can be 
immediately opened and maintain constant contact with the vessel until 
the requested span has opened and the vessel passage has been completed. 
If any or all of the drawbridges cannot be opened immediately, the 
remote drawbridge operator will notify the calling vessel and provide an 
estimated time for individual drawbridge openings.
    (2) High Velocity Flow Procedures. The area from mile 118.2 to mile 
125.4 is a regulated navigation area (RNA) as described in 33 CFR 
165.203. During periods of high velocity flow, which is defined as a 
flow rate of 70,000 cubic feet per second or greater at the Murray Lock 
and Dam, mile 125.4, downbound vessels which require that the draw of 
these three bridges be opened for unimpeded passage shall contact the 
remote drawbridge operator on VHF-FM Channel 13 either before departing 
Murray Lock and Dam, or before departing the mooring cells at Mile 121.5 
to ensure that the Rock Island, Junction, and Baring Cross Railroad 
drawbridges are opened. The remote drawbridge operator shall immediately 
respond to the vessel's call, ensure that all three drawbridges are open 
for pasage, and ensure that they remain in the open positon until the 
downbound vessel has passed through each drawbridge. If a closed 
drawbridge cannot be opened immediately for unimpeded passage in 
accordance with 33 CFR 163.203, the remote drawbridge operator will 
immediately notify the downbound vessel and provide an estimated time 
for drawbridge openings. Upbound vessels shall request openings in 
accordance with the normal flow procedures as set forth above. The 
remote drawbridge operator shall keep all approaching vessels informed 
of the position of the drawbridge spans.
    (c) The draw of the Burlington Northern Railroad Bridge, Mile 300.8 
Arkansas River at Van Buren, and the Missouri Pacific Railroad Bridge, 
Mile 7.5 White River at Benzal, are maintained in the open position with 
a minimum vertical clearance of 52 feet except as follows:
    (1) When a train approaches either bridge, amber lights attached to 
the bridge begin to flash and an audible signal on the bridge sounds. At 
the end of 10 minutes, the amber light continues to flash; however, the 
audible signal stops and the draw lowers and locks if the photoelectric 
boat detection system detects no obstruction under the span. If there is 
an obstruction, the draw opens to its full height until obstruction is 
cleared.
    (2) After the train clears the bridge, the draw opens to its full 
height, the amber flashing light stops, and the mid channel lights 
change from red to green, indicating the navigation channel is open for 
the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984, as 
amended by CGD2-91-03, 57 FR 1392, Jan. 14, 1992]



Sec. 117.125  Black River.

    The following draws need not be opended for the passage of vessels:
    (a) Missouri Pacific railroad bridge, mile 3.4 at Paroquet.

[[Page 394]]

    (b) Burlington Northern railroad bridge, mile 68.4 at Black Rock.
    (c) Arkansas State Highway Department bridge, mile 90.1 at 
Pocahontas.
    (d) Burlington Northern railroad bridge, mile 90.4 at Pocahontas.
    (e) Missouri Pacific railroad bridge, mile 144.4 at Corning.
    (f) Arkansas State Highway Department bridge, mile 152.2 at Corning.



Sec. 117.127  Current River.

    The draws of the Arkansas highway bridge, mile 10.2, and the 
Burlington Northern railroad bridge, mile 12.2, both at Biggers, need 
not be opened for the passage of vessels.



Sec. 117.129  Little Red River.

    The draws of the Burlington Northern railroad bridge, mile 25.0, and 
Arkansas highway bridge, mile 25.2, both at Judsonia, and the Arkansas 
highway bridge, mile 30.5 at Searcy, need not be opened for the passage 
of vessels.



Sec. 117.131  Little River.

    The draws of the Burlington Northern railroad bridge, mile 7.1 near 
Fulton, need not be opened for the passage of vessels.



Sec. 117.133  Ouachita River.

    (a) The draw of the Chicago, Rock Island and Pacific Railroad 
Bridge, Mile 291.7 at Calion, shall open on signal if at least 24 hours 
notice is given, except as follows:
    (1) Any vessel that requires the opening of the draw and that 
intends to return within 24 hours shall inform the drawtender of the 
probable time of return. The draw shall open for the returning vessel 
without further notice.
    (2) When the pool stage is above 21 feet on the upper gauge at Lock 
and Dam No. 8, the Commander, Second Coast Guard District, notifies the 
bridge owner, who is then given one day in which to place a drawtender 
in constant attendance and open the draw on signal.
    (b) The draw of the St. Louis Southwestern Railroad Bridge, Mile 
338.8 near Camden, need not be open for the passage of vessels.

[CGD2 89-03, 55 FR 12820, Apr. 6, 1990]



Sec. 117.135  Red River.

    The draws of the bridges above mile 276.0 at the Arkansas Louisiana 
border, need not be opened for the passage of vessels.



Sec. 117.137  St. Francis River.

    The draws of the Chicago, Rock Island and Pacific railroad bridge, 
mile 59.7 at Madison, and all drawbridges above that point, need not be 
opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD02 86-33, 51 
FR 32318, Sept. 11, 1986]



Sec. 117.139  White River.

    (a) Requirements for the Missouri Pacific railroad bridge, mile 7.5 
at Benzal, are in Sec. 117.123.
    (b) The draws of the St. Louis Southwestern railroad bridge, mile 
98.9 at Clarendon, the US70 highway bridge, mile 121.7 at DeValls Bluff, 
the Chicago, Rock Island and Pacific Railroad bridge, mile 122.0 at 
DeValls Bluff, the Missouri Pacific railroad bridge, mile 196.3 at 
Augusta, and the Missouri Pacific railroad bridge, mile 254.8 at 
Newport, shall open on signal if at least eight hours notice is given. 
The draws of any of these bridges need not be opened for a vessel that 
arrives later than two hours after the time specified in the notice, 
unless a second notice of at least eight hours is given.
    (c) The draws of the Arkansas highway bridge, mile 300.1 at 
Batesville, and the Missouri Pacific railroad bridge, mile 401.9 at 
Cotter, need not be opened for the passage of vessels.

                               California



Sec. 117.140  General.

    In California, when fog prevails by day or night, the drawtender, 
after sounding the opening signal, shall toll a bell continuously during 
the approach and passage of a vessel.



Sec. 117.141  American River.

    The draw of the Jiboom Street bridge, mile 0.1 at Sacramento, need 
not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984]

[[Page 395]]



Sec. 117.143  Bishop Cut.

    The draw of the San Joaquin County highway bridge, mile 1.0 between 
King Island and Bishop Tract, shall open on signal if at least 12 hours 
notice is given to the San Joaquin County Department of Public Works at 
Stockton.



Sec. 117.145  Burns Cutoff.

    The draw of the Daggett Road bridge, mile 3.0 at Stockton, shall 
open on signal if at least 48 hours notice is given to the U.S. Naval 
Communications Station at Stockton.



Sec. 117.147  Cerritos Channel.

    (a) The draw of the Commodore Schuyler F. Heim highway bridge, mile 
4.5 at Long Beach, shall open on signal; except that, from 6:30 a.m. to 
8 a.m. and 3:30 p.m. to 6 p.m. Monday through Friday except Federal 
holidays, the draws need not be opened for the passage of vessels. The 
opening signal for the Commodore Schuyler Heim brige is three prolonged 
blasts. The acknowledging signal is two prolonged blasts followed by one 
short blast when the draw will open immediately and five short blasts 
when the draw will not open immediately. Channel 13 (156.65 MHZ) or 
other assigned frequencies may be used.
    (b) The draw of the Henry Ford Avenue railroad bridge, mile 4.4 at 
Long Beach, shall be maintained in the fully open position, except when 
a train is crossing or for maintenance. If the draw is in the closed 
position, the opening signal is two short blasts followed by one 
prolonged blast. The acknowledging signal is two prolonged blasts 
followed by one short blast when the draw will open immediately and five 
short blasts when the draw will not open immediately. Channel 13 (156.65 
MHZ) or other assigned frequencies may be used.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984, as 
amended by CGD11-90-03, 61 FR 59026, Nov. 20, 1996; 62 FR 31724, June 
11, 1997]

    Effective Date Note: At 62 FR 31724, June 11, 1997, Sec. 117.147(b) 
was suspended, effective June 30, 1997, through Oct. 2, 1997.



Sec. 117.149  China Basin, Mission Creek.

    The draws of the 3rd Street bridge, mile 0.0, and the 4th Street 
bridge, mile 0.2, both at San Francisco, shall open on signal if at 
least one hour notice is given.



Sec. 117.150  Connection Slough.

    The draw of the Reclamation District No. 2027 bridge between 
Mandeville and Bacon Islands, mile 2.5 near Stockton, shall open on 
signal from May 1 through October 31 from 6 a.m. to 10 p.m., and from 
November 1 through April 30 from 9 a.m. to 5 p.m. At all other times, 
the draw shall open on signal if at least four hours notice is given to 
the drawtender during regular operating hours, or to the Rio Vista 
bridge across the Sacramento River, mile 12.8. The draw shall open on 
signal if at least one hour notice is given for emergency vessels owned, 
operated or controlled by the United States or the State of California, 
for commercial vessels engaged in rescue or emergency salvage 
operations, or for vessels in distress.

[CGD 12-84-02, 49 FR 25446, June 21, 1984; 49 FR 43458, Oct. 29, 1984]



Sec. 117.151  Cordelia Slough (a tributary of Suisun Bay).

    The draws of the Southern Pacific railroad bridge, mile 1.5 at 
Suisun, shall open on signal if at least 24 hours notice is given.



Sec. 117.153  Corte Madera Creek.

    The draw of the Northwestern Pacific railroad bridge, mile 0.5 near 
Greenbrae, shall be maintained in the fully open position, except for 
the crossing of trains or for maintenance.



Sec. 117.155  Eureka Slough.

    The draw of the North Coast Railroad Bridge, mile 0.3 at Eureka, 
need not be opened for the passage of vessels. The owner or agency 
controlling the bridge shall restore the draw to full operation within 
six months of notification to take such action from the District 
Commander.

[CGD 11-93-001, 59 FR 8409, Feb. 22, 1994]

[[Page 396]]



Sec. 117.157  Georgiana Slough.

    The draws of the Sacramento County highway bridges, mile 4.5 near 
Isleton, and mile 12.4 near Walnut Grove, shall open on signal from 6 
a.m. to 10 p.m. from May 1 through October 31. The draws shall open on 
signal from November 1 through April 30 from 9 a.m. to 5 p.m. At all 
other times, the draws of these bridges shall open on signal if at least 
four hours notice is given to the drawtender at the Rio Vista bridge 
across the Sacramento River, mile 12.8.



Sec. 117.159  Grant Line Canal.

    The draw of the San Joaquin County highway bridge, mile 5.5 at 
Tracy, shall open on signal if at least 12 hours notice is given to the 
San Joaquin County Department of Public Works at Stockton.



Sec. 117.161  Honker Cut.

    The draw of the San Joaquin County (Eightmile Road) bridge, mile 0.3 
between Empire Tract and King Island at Stockton, shall open on signal 
if at least 12 hours notice is given to the San Joaquin County 
Department of Public Works at Stockton.



Sec. 117.163  Islais Creek (Channel).

    The draw of the 3rd Street bridge, mile 0.4 at San Francisco, shall 
open on signal if at least one hour notice is given.



Sec. 117.165  Lindsey Slough.

    The center span of the Hastings Farms highway bridge, mile 2.0 
between Egbert and Lower Hastings Tracts, shall be removed for the 
passage of maintenance vessels if at least 72 hours notice is given to 
the Hastings Island Land Company office at Rio Vista.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 12-85-05, 50 
FR 31176, Aug. 1, 1985]



Sec. 117.167   Little Potato Slough.

    The draw of the California Department of Transportation highway 
bridge, mile 0.1, at Terminus, shall open on signal if at least 4 hours 
notice is given to the drawtender at the Rio Vista bridge across the 
Sacramento River, mile 12.8.

[CGD11-95-02, 61 FR 17248, Apr. 19, 1996]



Sec. 117.169  Mare Island Strait, Napa River, and their tributaries.

    (a) The draw of the U.S. Navy bridge (Mare Island Causeway), mile 
2.8, at Vallejo--
    (1) Must be opened on signal from 7:30 a.m. to 3:45 p.m. and 4:45 
p.m. to 10 p.m. Monday through Friday except Federal holidays, and from 
6:30 a.m. to 10 p.m. on Saturdays, Sundays, and holidays;
    (2) Need not be opened for the passage of vessels, other than public 
vessels of the United States, from 6:30 a.m. to 7:30 a.m. and 3:45 p.m. 
to 4:45 p.m., except Saturdays, Sundays, and Federal holidays; and
    (3) Must be opened on signal from 10 p.m. to 6:30 a.m. daily, if at 
least two hours notice is given, and as soon as possible during this 
period for public vessels of the United States.
    (b) The draw of the Southern Pacific railroad bridge, mile 10.6 at 
Brazos, shall be maintained in the fully open position, except for the 
crossing of trains or for maintenance. When the draw is closed and 
visibility at the drawtender's station is less than one mile, up or down 
the channel, the drawtender shall sound two prolonged blasts every 
minute. When the draw is opened, the drawtender shall sound three short 
blasts.
    (c) The draw of the Maxwell highway bridge, mile 17.6 near Imola, 
shall open on signal if at least 72 hours notice is given to the 
California Department of Transportation office at Napa.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 12-85-02, 50 
FR 20758, May 20, 1985]



Sec. 117.171  Middle River.

    (a) The draw of the San Joaquin County (Bacon Island Road) highway 
bridge, mile 8.6 between Bacon Island and Lower Jones Tract, shall open 
on signal from May 15 through September 15 from 9 a.m. to 5 p.m. From 
September 16 through May 14, the draw shall open on signal from 9 a.m. 
to 5 p.m. from Thursday through Monday. At all other times, the draw 
shall open on signal if at least 12 hours notice is given

[[Page 397]]

to the San Joaquin County Department of Public Works at Stockton.
    (b) The draw of the Atchison, Topeka and Santa Fe railroad bridge, 
mile 9.8 near Middle River Station, shall open on signal if at least 12 
hours notice is given to the Atchison, Topeka and Santa Fe Railway 
yardmaster at Stockton.
    (c) The California Route 4 Bridge, mile 15.1, between Victoria 
Island and Drexler Tract need not open for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984, as 
amended by CGD 12-85-01, 50 FR 26559, June 27, 1985]



Sec. 117.173  Miner Slough.

    The draw of the California Department of Transportation highway 
bridge, mile 5.5 between the northerly end of Ryer Island and Holland 
Tract, shall open on signal if at least 12 hours notice is given to the 
drawtender at the Rio Vista bridge across the Sacramento River, mile 
12.8.



Sec. 117.175  Mokelumne River.

    (a) The draw of the California Department of Transportation highway 
bridge, the Mokelumne River Bridge, mile 3.0, at East Isleton shall open 
upon signal as follows:
    (1) From November 1 through April 30 from 9 a.m. to 5 p.m.
    (2) From May 1 through October 31 from 6 a.m. to 10 p.m., except 
that during the following periods the draw need only open for 
recreational vessels on the hour, 20 minutes past the hour, and 40 
minutes past the hour:

Saturdays 10 a.m. until 2 p.m.
Sundays 11 a.m. until 6 p.m.
Memorial Day; 4th of July; and Labor Day 11 a.m. until 6 p.m.

    (3) At all other times the draw shall open on signal if at least 4 
hours notice is given to the drawtender at Rio Vista bridge over the 
Sacramento River, mile 12.8.
    (4) Emergency vessels of the United States, state or commercial 
vessels engaged in rescue or emergency salvage operations, and vessels 
in distress shall be passed as soon as possible but no later than one 
hour after notice is given.
    (b) The draw of the Sacramento and San Joaquin Counties (Millers 
Ferry) highway bridge, mile 12.1 over the North Fork of the Mokelumne 
River near Walnut Grove, shall open on signal from May 1 through October 
31 from 9 a.m. to 5 p.m. At all other times, the draw shall open on 
signal if at least 12 hours notice is given to the San Joaquin County 
Department of Public Works at Stockton.
    (c) The removable span of the San Joaquin County highway bridge over 
the South Fork of the Mokelumne River, mile 18.0 at New Hope Landing, 
shall be removed as soon as possible upon notification by the District 
Commander that an emergency exists which requires the removal.
    (d) The draws of the bridges above New Hope Landing need not be 
opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 11-92-10, 58 
FR 33339, June 17, 1993]



Sec. 117.177  Mud Slough.

    The draw of the Southern Pacific railroad bridge, mile 0.7 near 
Alviso, shall open on signal if at least 24 hours notice is given.



Sec. 117.179  Newark Slough.

    The draw of the Southern Pacific railroad bridge, mile 0.5 near 
Newark, shall open on signal if at least 24 hours notice is given to the 
Superintendent, Southern Pacific Transportation Company, at Oakland.



Sec. 117.181  Oakland Inner Harbor Tidal Canal.

    The draws of the Alameda County highway bridges at Park Street, mile 
7.3; Fruitvale Avenue, mile 7.7; and High Street, mile 8.1; and the U.S. 
Army Corps of Engineers railroad bridge, mile 7.7 at Fruitvale Avenue, 
shall open on signal; except that, from 7:30 a.m. to 8:30 a.m. and 3:45 
p.m. to 5:45 p.m. Monday through Friday except Federal holidays, the 
draws need not be opened for the passage of vessels. However, the draws 
shall open during the above closed periods for vessels which must, for 
reasons of safety, move on a tide or slack water, if a least two hours 
notice is given. The draws

[[Page 398]]

shall open as soon as possible for vessels in distress and emergency 
vessels, including commercial vessels engaged in rescue or emergency 
salvage operations.



Sec. 117.183  Old River.

    The draw of the California Department of Transportation (Route 4) 
highway bridge, mile 14.8 between Victoria Island and Byron Tract, shall 
open on signal from May 1 through October 31 from 6 a.m. to 10 p.m. and 
from November 1 through April 30 from 9 a.m. to 5 p.m. At all other 
times, the draw shall open on signal if at least four hours notice is 
given to the drawtender at the Rio Vista bridge across the Sacramento 
River, mile 12.8.



Sec. 117.185  Pacheco Creek.

    The draw of the Contra Costa County highway bridge, mile 1.0, and 
Southern Pacific Railroad bridge, mile 1.1, both near Martinez, shall 
open on signal if at least 24 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 12-85-02, 50 
FR 20758, May 20, 1985]



Sec. 117.187  Petaluma River.

    (a) The draws of the Northwestern Pacific railroad bridges, mile 0.8 
at Blackpoint and mile 12.4 at Haystack Landing, shall be maintained in 
the fully open position, except for the crossing of trains or for 
maintenance. When the draw is closed and visibility from the 
drawtender's station is less than one mile up or down the channel, the 
drawtender shall sound two long blasts every minute. When the draw is 
reopened, the drawtender shall sound three short blasts.
    (b) The draw of the Petaluma highway bridge at ``D'' Street, mile 
13.7 at Petaluma, shall open on signal if at least four hours notice is 
given for openings from 6 a.m. to 6 p.m., and if at least 24 hours 
notice is given for openings from 6 p.m. to 6 a.m. The draw shall open 
as soon as possible for vessels in distress and vessels, including 
commercial vessels, engaged in rescue or emergency salvage operations.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 11-88-10, 53 
FR 51099, Dec. 20, 1988]



Sec. 117.189  Sacramento River.

    (a) The draws of each bridge from Isleton to American River junction 
shall open on signal from May 1 through October 31 from 6 a.m. to 10 
p.m. and from November 1 through April 30 from 9 a.m. to 5 p.m. At all 
other times, the draws shall open on signal if at least four hours 
notice is given to the drawtender at the Rio Vista bridge across the 
Sacramento River, mile 12.8.
    (b) The draws of the California Department of Transportation 
bridges, mile 90.1 at Knights Landing, and mile 135.5 at Meridian, shall 
open on signal if at least 12 hours notice is given to the California 
Department of Transportation at Marysville.
    (c) The draws of the bridges above Meridian need not be opened for 
the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 12-86-01, 51 
FR 20483, June 5, 1986]



Sec. 117.191  San Joaquin River.

    (a) The draw of the Port of Stockton railroad bridge, mile 39.7 at 
Stockton, shall open on signal if at least 12 hours notice is given to 
the Port Director.
    (b) The draws of the U.S. Navy Draw-bridge, mile 39.8, Atchison, 
Topeka and Santa Fe railroad bridge, mile 40.6, and California Highway 4 
bridge (Garwood Bridge), mile 41.6, need not be opened for the passage 
of vessels. The owners or agencies controlling the bridges shall restore 
the draws to full operation within six months of notification to take 
such action from the District Commander.
    (c) Drawbridges above the Old River junction need not open for the 
passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 12-85-06, 50 
FR 31177, Aug. 1, 1985; CGD 88-052, 53 FR 25120, July 1, 1988]



Sec. 117.193  San Leandro Bay.

    The draws of the California Department of Transportation highway 
bridge, mile 0.0 (kilometer 0.0) and the City of Alameda bicycle bridge, 
mile 0.1 (kilometer 0.2) between Alameda and Bay Farm Island, shall open 
on signal; except that, from 5 a.m. to 8 a.m. and 5 p.m. to 9 p.m., the 
draws shall

[[Page 399]]

open on signal if at least 12 hours notice is given. Notice shall be 
given to the drawtender of the Bay Farm Island bridges from 8 a.m. to 5 
p.m. and to the drawtender of the Park Street bridge at Alameda at all 
other times. The draws need not be opened for the passage of vessels 
from 9 p.m. to 5 a.m.

[CGD11-96-005, 61 FR 17249, Apr. 19, 1996]



Sec. 117.195  Snodgrass Slough.

    The draw of the Sacramento County bridge, mile 4.4 at Walnut Grove, 
shall open on signal if at least 72 hours notice is given to Sacramento 
County Transportation Operations and Maintenance office at Sacramento. 
The draw shall open as soon as possible for vessels in distress, and 
vessels, including commercial vessels, engaged in rescue or emergency 
salvage operations or emergency flood control efforts.

[CGD11-93-02, 59 FR 13248, Mar. 21, 1994]



Sec. 117.197  Sonoma Creek.

    The draw of the Northwestern Pacific railroad bridge, mile 5.4 at 
Wingo, shall open on signal if at least 24 hours notice is given.



Sec. 117.199  Steamboat Slough.

    The draw of the California Department of Transportation highway 
bridge, mile 11.2 at the head of Grand Island, shall open on signal from 
May 1 through October 31 from 6 a.m. to 10 p.m. At all other times, the 
draw shall open on signal if at least four hours notice is given to the 
drawtender at the Rio Vista bridge across the Sacramento River, mile 
12.8.



Sec. 117.201  Sutter Slough.

    The draw of the Sacramento County highway bridge, mile 6.4 near 
Courtland, need not be opened for the passage of vessels. However, the 
draw shall be returned to operable condition within six months after 
notification by the District Commander to do so.

                               Connecticut



Sec. 117.202  Cold Spring Brook.

    The draw of the footbridge, mile 0.1 at Saybrook, shall open within 
15 minutes of a mariner's request by telephone. To enable mariners to 
request bridge openings, the owner shall maintain and monitor a 
telephone at the bridge and provide a means for mariners to secure their 
boats upstream and downstream of the bridge in order to use this 
telephone.

[CGD3 86-33, 52 FR 5536, Feb. 25, 1987]



Sec. 117.205  Connecticut River.

    (a) The draws of the Amtrak Old Saybrook--Old Lyme Bridge, mile 3.4, 
and the Conrail Middletown Bridge, mile 32.0, shall open on signal:
    (1) For commercial vessels except as described below:
    (i) Amtrak Bridge, mile 3.4, when a westbound train scheduled to 
cross the bridge without stopping has passed Old Lyme and Blackhall 
Station, or an eastbound train has passed Saybrook Junction Station, and 
is in motion toward the bridge, the draw shall be opened as soon as the 
train has crossed the bridge.
    (ii) Conrail Middletown Bridge, mile 32.0, when a westbound train 
scheduled to cross the bridge without stopping has passed Portland 
Station, or an eastbound train has passed Middletown Station, and is in 
motion toward the bridge, the draw shall be opened as soon as the train 
has crossed the bridge.
    (2) For all other vessels which cannot pass the closed bridges the 
draws shall be opened as soon as practicable, but in no case shall the 
delay be more than 20 minutes from the time of request.
    (b) All openings of the draws shall afford full horizontal and 
vertical clearance, regardless of the size or requirements of the 
passing vessel.

[CGD3 85-42, 50 FR 26711, June 28, 1985]



Sec. 117.207  Housatonic River.

    (a) The draw of the US 1 bridge, mile 3.5 at Stratford, shall open 
on signal; except that, from 7 a.m. to 9 a.m. Monday through Friday and 
4 p.m. to 5:45 p.m. daily, the draw need not be opened for the passage 
of vessels.
    (b) The draw of the Metro-North (Devon) bridge, mile 3.9 at 
Stratford, shall operate as follows:
    (1) The draw shall open on signal; except as follows:

[[Page 400]]

    (i) From 7 a.m. to 9 a.m. and from 4 p.m. to 5:45 p.m. Monday 
through Friday except Federal holidays or an emergency, the draw need 
not be opened for the passage of vessels.
    (ii) From 5:30 a.m. to 7 a.m. and from 5:45 p.m. to 8:15 p.m. except 
Saturdays, Sundays, and Federal holidays, the draw need not be opened 
more than once in any 60 minute period.
    (iii) From 9 p.m. to 5 a.m., the draw shall open on signal if notice 
is given to the chief dispatcher of the railroad before 4 p.m. on the 
day of the intended passage.
    (2) A delay in opening the draw shall not exceed 20 minutes for the 
passage of approaching trains from the time of the request.

[CGD 82-025, 49 FR 43458, Oct. 29, 1984, as amended by CGD3 85-42, 50 FR 
26711, June 28, 1985]



Sec. 117.209  Mianus River.

    The draw of the Metro-North bridge, mile 1.0 at Greenwich, shall 
operate as follows:
    (a) From 5 a.m. to 9 p.m.--
    (1) The draw shall open on signal immediately for the passage of 
commercial vessels and as soon as practicable but no later than 20 
minutes after the signal to open for the passage of all other vessels.
    (2) When a train scheduled to cross the bridge without stopping has 
passed the Greenwich or Riverside stations and is in motion toward the 
bridge, the draw shall open as soon as the train has crossed the bridge.
    (b) From 9 p.m. to 5 a.m., the draw need not be opened for the 
passage of vessels.

[CGD 82-025, 49 FR 43458, Oct. 29, 1984]



Sec. 117.211  Mystic River.

    (a) The draw of the Amtrak railroad bridge, mile 2.4 at Mystic, 
shall operate as follows:
    (1) From April 1 to October 31, the draw shall open on signal.
    (2) From November 1 to March 31, the draw shall open on signal from 
5 a.m. to 9 p.m. From 9 p.m. to 5 a.m., the draw shall open on signal if 
at least eight hours notice is given.
    (3) Public vessels of the United States, state and local vessels 
used for public safety, vessels in an emergency, and commerical vessels 
shall be passed immediately at any time; however, the opening may be 
delayed up to eight minutes to allow trains, which have entered the 
drawbridge block and are scheduled to cross the bridge without stopping, 
to clear the block.
    (4) All other vessels shall be passed as soon as practicable but no 
later than 20 minutes after the signal to open is given.
    (b) The draw of the US 1 bridge, mile 2.8 at Mystic, shall open on 
signal, with a maximum delay of 20 minutes; except:
    (1) From May 1 through October 31 from 7:15 a.m. to 7:15 p.m., the 
draw need only open hourly at quarter past the hour.
    (2) From November 1 through April 30 from 7:15 p.m. to 5:15 a.m., 
the draw shall open on signal upon eight hours notice.

[CGD 82-025, 49 FR 43458, Oct. 29, 1984, as amended by CGD3 84-31, 50 FR 
26710, June 28, 1985]



Sec. 117.213  New Haven Harbor, Quinnipiac and Mill Rivers.

    The draws of the Tomlinson bridge, mile 0.0, the Ferry Street 
bridge, mile 0.7, and the Grand Avenue bridge, mile 1.3, across 
Quinnipiac River, and the Chapel Street bridge, mile 0.4 across Mill 
River, shall operate as follows:
    (a) The draws shall open on signal; except as follows:
    (1) From 7:30 a.m. to 8:30 a.m., noon to 12:15 p.m., 12:45 p.m. to 1 
p.m., and 4:45 p.m. to 5:45 p.m., the draws need not be opened.
    (2) From 9 p.m. to 5 a.m. from October 1 through April 30, the draw 
of the Ferry Street bridge, Quinnipiac River, shall open on signal, 
unless the drawtender is at the Grand Avenue or Chapel Street bridges. 
In this event, a delay of up to one hour may be expected.
    (3) From 11 p.m. to 7 a.m., the draw of the Grand Avenue bridge, 
Quinnipiac River, shall open on signal if at least one hour notice is 
given to the drawtender at the Ferry Street bridge. In the event that 
the drawtender is at the Chapel Street bridge, a delay of up to an 
additional hour may be expected.

[[Page 401]]

    (4) From 9 p.m. to 5 a.m., the draw of the Chapel Street bridge, 
Mill River, shall open on signal if at least one hour notice is given to 
the drawtender at Ferry Street bridge. In the event that the drawtender 
is at the Grand Avenue bridge, a delay of up to an additional hour may 
be expected.
    (b) Public vessels of the United States, state or local vessels used 
for public safety, commercial vessels and vessels in distress, shall 
notify the operator of the Tomlinson and the Ferry Street bridges and 
shall be passed through each of the bridges listed in this section as 
soon as possible at anytime.
    (c) The sound signals for requesting the opening of each bridge are 
as follows:
    (1) The Tomlinson bridge, two short blasts of a whistle or horn.
    (2) The Ferry Street bridge, one short blast of a whistle or horn.
    (3) The Grand Avenue bridge, one prolonged blast of a whistle or 
horn.
    (4) The Chapel Street bridge, three short blasts of a whistle or 
horn.
    (d) The drawtender shall acknowledge sound signals in the following 
manner:
    (1) When the draw can be opened immediately, the same signal as the 
requesting signal.
    (2) When the draw cannot be opened immediately, or is open and must 
close, the drawtender shall sound four short blasts of a whistle or 
horn, to be repeated until acknowledged by the vessel by the same 
signal.
    (3) When the draw can be reopened, the drawtender shall sound the 
opening signal and open the draw if any vessels are waiting to pass.
    (e) The following visual signal may be used in addition to sound 
signals for requesting the opening of each bridge when sound signals may 
not be heard. A white flag by day or a white light by night shall be 
swung in full circle at arm's length in full sight of the bridge and 
facing the draw.
    (f) The drawtender shall acknowledge visual signals in the following 
manner:
    (1) When the draw can be opened immediately, a white flag by day or 
a green light by night swung up and down vertically a number of times in 
full sight of the vessel.
    (2) When the draw cannot be opened immediately, or is open and must 
close, a red flag by day or a red light by night, swung back and forth 
horizontally in full sight of the vessel, to be repeated until 
acknowledged by the vessel by the same signal.

[CGD 82-025, 49 FR 43459, Oct. 29, 1984, as amended by CGD3 85-42, 50 FR 
26711, June 28, 1985]



Sec. 117.215  Niantic River.

    (a) The draw of the Amtrak bridge, mile 0.0 at Niantic, shall open 
on signal; except that, from April 1 through October 31 from 8 p.m. to 4 
a.m. and from November 1 through March 31 from 6 p.m. to 6 a.m., the 
draw shall open on signal if at least one hour notice is given. When a 
train scheduled to cross the bridge without stopping has entered the 
drawbridge block, a delay in opening the draw may occur until the train 
has cleared the block.
    (b) The draw of the S156 bridge, mile 0.1 at Niantic, shall open on 
signal; except that, from 7 a.m. to 8 a.m., and from 4 p.m. to 5 p.m. 
Monday through Friday except holidays, the draw shall open only for the 
passage of commercial vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984]



Sec. 117.217  Norwalk River.

    (a) The draw of the Washington Street S136 bridge, mile 0.0 at 
Norwalk, shall open on signal; except that, from 7 a.m. to 8:45 a.m., 
11:45 a.m. to 1:15 p.m., and 4 p.m. to 6 p.m. Monday through Friday 
except holidays, the draw need not be opened for the passage of vessels 
that draw less than 14 feet of water. The opening signal is three short 
blasts. Vessels drawing 14 feet of water or more shall add one prolonged 
blast after the three short blasts.
    (b) The draw of the Metro-North ``WALK'' bridge, mile 0.1 at 
Norwalk, shall open on signal as follows:
    (1) From 5 a.m. to 9 p.m., except that, from Monday through Friday 
excluding holidays, the draw need not be opened from 7 a.m. to 8:45 a.m. 
and 4 p.m. to 6 p.m., unless an emergency exists.

[[Page 402]]

    (2) Only once in any 60-minute period from 5:45 a.m. to 7 a.m. and 6 
p.m. to 7:45 p.m.
    (3) From 9 p.m. to 5 a.m., if at least four hours notice is given.
    (4) A delay of up to 20 minutes may be expected if a train is 
approaching so closely that it may not be safely stopped.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD3 85-42, 50 FR 
26711, June 28, 1985]



Sec. 117.219  Pequonnock River.

    (a) Public vessels of the United States and vessels in distress 
shall be passed through the draw of each bridge as soon as possible.
    (b) The draw of the Stratford Avenue Bridge, mile 0.1 at Bridgeport, 
shall open on signal; except that, the draw need not open for passage of 
vessels from 6:45 a.m. to 7:15 a.m. and 7:45 a.m. to 8:15 a.m., 11:45 
a.m. to 1:15 p.m. and 4:30 p.m. to 6:10 p.m. The opening signal is one 
prolonged blast followed by one short blast.
    (c) The draw of the Metro-North ``PECK'' bridge, mile 0.3 at 
Bridgeport, shall open on the signal of three blasts as follows:
    (1) From 5:45 a.m. to 9 p.m. except:
    (i) From Monday through Friday, excluding holidays or emergencies, 
the draw need not be opened from 6:45 a.m. to 7:15 a.m., 7:45 a.m. to 
8:15 a.m., and 4:30 p.m. to 6:10 p.m.
    (ii) From Monday through Friday, excluding holidays or emergencies, 
the draws need not be opened more than once during the periods 5:45 a.m. 
to 6:45 a.m., 7:15 a.m. to 7:45 a.m., 8:15 a.m. to 9 a.m., and 6:10 p.m. 
to 8:15 p.m.
    (2) From 9 p.m. to 5:45 a.m., the draws shall open on signal if at 
least eight hours notice is given.
    (3) The draw need not open on signal if a train is approaching so 
closely that it may not be safely stopped; however, the delay in opening 
the draw shall not exceed 7 minutes from time of the request.
    (d) The draw of the Congress Street Bridge, mile 0.4 at Bridgeport, 
shall open on signal as follows:
    (1) From 8 a.m. to 9 p.m.; except that the draw need not open for 
the passage of other than commercial vessels from 11:45 a.m. to 1:15 
p.m. and for all vessels from 4:30 p.m. to 6:10 p.m.
    (2) From 9 p.m. to 8 a.m., if at least eight hours notice is given; 
except that the draw need not open for the passage of vessels from 6:45 
a.m. to 7:15 a.m.; and from 7:45 a.m. to 8 a.m.
    (3) The opening signal is two prolonged blasts followed by two short 
blasts.
    (e) The draw of the East Washington Street bridge mile 0.6, shall 
open on the signal of one prolonged blast followed by two short blasts 
if at least 24 hours notice is given.
    (f) The draw of the Grand Street bridge mile 0.9 at Bridgeport need 
not be opened for the passage of vessels. However, the draw shall be 
returned to operable condition within 12 months after notification by 
the District Commander to do so.

[CGD3 85-42, 50 FR 26711, June 28, 1985; 50 FR 43387, Oct. 25, 1985]



Sec. 117.221  Saugatuck River.

    (a) The draw of each moveable bridge shall open at all times as soon 
as possible for passage of a public vessel of the United States, vessel 
in tow or for a vessel in distress.
    (b) The draw of the Metro-North ``SAGA'' Bridge, mile 1.1 at 
Saugatuck shall operate as follows:
    (1) Year-round need not open:
    (i) Weekdays from 7 a.m. to 8:10 a.m. and 5:30 p.m. to 7 p.m. except 
on Federal holidays;
    (ii) From 9 p.m. to 5 a.m.
    (2) From October 1-May 31, open on signal:
    (i) Weekdays from 8:10 a.m.-4 p.m.;
    (ii) Weekends and Federal holidays 7 a.m.-4 p.m.;
    (iii) If at least eight hours notice is given: daily, from 5 a.m.-7 
a.m., 4 p.m.-5:30 p.m. and 7 p.m.-9 p.m., and weekends and Federal 
holidays from 5:30 p.m.-7 p.m.
    (3) From June 1-September 30, open on signal 5 a.m.-9 p.m., except 
as provided in paragraph (b)(1)(i) of this section.
    (4) A delay in opening the draw not to exceed 10 minutes may occur 
when a train scheduled to cross the bridge without stopping has entered 
the drawbridge block.

[[Page 403]]

    (c) The draw of the Route 136 Bridge, mile 1.3 at Saugatuck shall 
operate as follows:
    (1) Year-round, need not open weekdays, except Federal holidays, 
from 7 a.m. to 8:30 a.m. and 5:30 p.m. to 7:30 p.m.
    (2) From April 15-October 31, open on signal if at least two hours 
notice is given, except as provided in paragraph (c)(1) of this section.
    (3) From November 1-April 14, open on signal:
    (i) From 8:30 a.m. to 3 p.m. if at least eight hours notice is 
given;
    (ii) From 3 p.m. to 8:30 a.m., if at least 24 hours notice is given, 
except as provided in paragraph (c)(1) of this section.

[CGD 82-087, 50 FR 13319, Apr. 4, 1985]



Sec. 117.223  Shaw Cove.

    The draw of the Amtrak bridge, mile 0.0 at New London, shall open on 
signal from December 1 through March 31 from 8 a.m. to 5 p.m. Monday 
through Friday. From December 1 through March 31 from 5 p.m. to 8 a.m. 
and on Saturdays and Sundays, the draw shall open on signal if at least 
eight hours notice is given. From April 1 through November 30 from 5 
a.m. to 10 p.m., the draw shall open on signal; and, from 10 p.m. to 5 
a.m., the draw shall open on signal if at least one hour notice is 
given. A delay of up to 10 minutes may be expected if a train is 
approaching so closely that it may not be safety stopped. When a vessel 
is in an emergency that may endanger life or property, the draw shall 
open as soon as possible.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 43459, Oct. 29, 1984]



Sec. 117.224  Thames River.

    The draw of the Amtrak bridge, mile 3.0 in New London, shall open--
    (a) Immediately on signal for vessels owned or operated by the 
United States Government, state and local vessels used for public 
safety, vessels in an emergency, and commercial vessels; except, when a 
train scheduled to cross the bridge without stopping has passed the 
Midway, Groton, or New London stations and is in motion toward the 
bridge, the draw shall not be opened for the passage of any vessel until 
the train has crossed the bridge; and
    (b) As soon as practicable for all other vessels but no later than 
20 minutes after the signal to open is given.

[CGD 82-025, 49 FR 43459, Oct. 29, 1984]



Sec. 117.225  Yellow Mill Channel.

    The draw of the Stratford Avenue bridge, mile 0.3 at Bridgeport, 
shall open on signal if at least 24 hours notice is given. Public 
vessels of the United States and vessels in distress shall be passed as 
soon as possible.

                                Delaware



Sec. 117.231  Brandywine Creek.

    The draw of the Conrail bridge, mile 1.1, the Church Street bridge, 
mile 1.3, and the Sixteenth Street bridge, mile 1.7, all at Wilmington, 
need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD3 85-42, 50 FR 
26712, June 28, 1985]



Sec. 117.233  Broad Creek.

    The draws of the Conrail bridge, mile 8.0, the Poplar Street bridge, 
mile 8.2, and the US13A bridge, mile 8.2, all at Laurel, shall open on 
signal if at least four hours notice is given.



Sec. 117.235  Chesapeake and Delaware Canal.

    The draw of the Conrail bridge, mile 7.7, shall open on signal. The 
following light signals, located in the center of the drawspan on both 
sides of the bridge, shall be used:
    (a) When the draw is to be opened immediately, one fixed amber 
light.
    (b) When the draw is not ready to be opened, one flashing red light.



Sec. 117.237  Christina River.

    (a) The owners of the bridges on this waterway:
    (1) Shall provide and keep in good legible condition two board gages 
painted white with black figures not less than six inches high to 
indicate the vertical clearance under the closed draw at all stages of 
the tide. The gages shall be so placed on the bridges

[[Page 404]]

that they are plainly visible to the operator of each vessel approaching 
the bridge either up or downstream.
    (2) Shall open on signal except that the draw of a railroad bridge 
need not be opened when a train is in the bridge block, approaching the 
bridge, or within 5 minutes of the passage of a passenger train; but in 
no event shall the opening of the draw be delayed more than 10 minutes.
    (b) The draw of the Third Street Bridge, mile 2.3 and Walnut Street 
bridge, mile 2.8, both at Wilmington shall open on signal. The draw of 
the Market Street Bridge, mile 3.0 at Wilmington shall open on signal if 
at least eight hours notice in given. From 7 a.m. to 8 a.m. and 4:30 
p.m. to 5:30 p.m., Monday through Saturday except holidays, the draws of 
these three bridges need not be opened for the passage of vessels. Any 
vessel which has passed through one or more of these bridges immediately 
prior to a closed period and which requires passage through the other 
bridge or bridges in order to continue to its destination shall be 
passed through the draw or draws of the bridge or bridges without delay. 
The draws of these bridges shall open at all times as soon as possible 
for passage of a public vessel of the United States.
    (c) The draws of the Conrail bridges, at miles 4.1 and 4.2, both at 
Wilmington, shall open on signal from 6 a.m. to 8 p.m. if at least 24 
hours notice is given. From 8 p.m. to 6 a.m., the draws need not be 
opened for the passage of vessels.
    (d) The draw of the SH141 bridge, mile 7.5 at Wilmington, shall open 
on signal if at least 24 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD3 84-06, 49 FR 
33448, Aug. 23, 1984, CGD3 85-42, 50 FR 26712, June 28, 1985; CGD 87-
035, 52 FR 33812, Sept. 8, 1987]



Sec. 117.239  Lewes and Rehoboth Canal.

    The draws of the Delaware highway bridges, mile 2.0 and 7.0, both at 
Rehoboth, shall open on signal from May 1 through October 31 from 7 a.m. 
to 8 p.m. and from 8 p.m. to 7 a.m. if at least two hours notice is 
given. From November 1 through April 30, the draws shall open on signal 
if at least 24 hours notice is given.



Sec. 117.241  Mispillion River.

    The draws of the S14 bridge, mile 11.0 at Milford, shall open on 
signal if at least two hours notice is given.



Sec. 117.243  Nanticoke River.

    The draw of the Conrail bridge, mile 39.4 at Seaford, shall open on 
signal from May 1 through September 30 from 8 a.m. to 8 p.m. and need 
not be opened from 8 p.m. to 8 a.m. At all times from October 1 through 
April 30, the draw shall open on signal if at least four hours notice is 
given.



Sec. 117.245  Smyrna River.

    The draw of the Delaware highway bridge, mile 4.0 at Flemings 
Landing, shall open on signal if at least 24 hours notice is given.

                          District of Columbia



Sec. 117.253  Anacostia River.

    (a) The draw of the Frederick Douglass Memorial (South Capitol 
Street) bridge, mile 1.2, shall open on signal if at least 24 hours 
notice is given. The draw is closed to the passage of vessels on each 
Presidential Inauguration Day and may occasionally be closed without 
advance notice to permit uninterrupted transit of dignitaries across the 
bridge.
    (b) CONRAIL bridge, mile 3.4.
    (1) The draw of the shall open on signal:
    (i) At all times for public vessels of the United States, state and 
local government vessels, commercial vessels, and any vessels in an 
emergency involving danger to life or property.
    (ii) Between 9 a.m. and 12 noon and between 1 p.m. and 6 p.m. from 
May 15 through September 30.
    (iii) Between 6 p.m. and 7 p.m. from May 15 through September 30 if 
notice is given to the bridgetender not later than 6 p.m. on the day for 
which the opening is requested.
    (iv) At all other times, if at least eight hours notice is given.
    (2) The owners of the bridge shall provide and keep in good legible 
condition two board gages painted white with black figures not less than 
six inches high to indicate the vertical clearance under the closed draw 
at all stages of tide. The gages shall be

[[Page 405]]

placed on the bridge so that they are plainly visible to the operator of 
any vessel approaching the bridge from either upstream or downstream.
    (3) The owners of the bridge shall provide and keep in good legible 
condition signs providing a 24-hour emergency telephone number which may 
be called to arrange for bridge openings. The signs shall be painted in 
contrasting colors with letters and numbers not less than six inches 
high. The signs shall be placed on the bridge so that they are plainly 
visible to the operator of any vessel approaching the bridge from either 
upstream or downstream.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984, as 
amended by CGD5-88-004, 53 FR 9627, Mar. 23, 1988; CGD05-95-081, 61 FR 
57586, Nov. 7, 1996]



Sec. 117.255  Potomac River.

    (a) The draw of the Woodrow Wilson Memorial (I-95) bridge, mile 
103.8, between Alexandria, Virginia, and Oxon Hill, Maryland--
    (1) Shall open on signal at any time only for a vessel in distress, 
notwithstanding the provisions of Sec. 117.31.
    (2) Shall open for the passage of a commercial vessel at any time 
except:
    (i) Monday through Friday (except Federal holidays), 5 a.m. to 10 
a.m. and 2 p.m. to 8 p.m.
    (ii) Saturday, Sunday, and Federal holidays, 2 p.m. to 7 p.m.
    (3) Need not open for the passage of a commercial vessel under 
paragraph (a)(2) of this section unless--
    (i) The owner or operator of the vessel provides the bridge tender 
with an estimate of the approximate time of that passage at least 12 
hours in advance at (202) 727-5522; and
    (ii) the owner or operator of the vessel notifies the bridge tender 
at least 4 hours in advance of the requested time for that passage.
    (4) Shall open for the passage of a recreational vessel at any time 
except:
    (i) Monday through Friday (except Federal holidays), 5 a.m. to 12 
midnight;
    (ii) Saturday, Sunday, and Federal holidays, 7 a.m. to 12 midnight, 
except as provided in paragraph (a)(4)(iii) of this section;
    (iii) Notwithstanding paragraph (a)(4)(ii) of this section, the 
bridge may open beginning at 10 p.m. on Saturday, Sunday, or a Federal 
holiday for the passage of a recreational vessel if the owner or 
operator of the vessel notifies the Bridge Tender of the time of that 
passage by not later than 12 hours before that time.
    (5) Need not open for the passage of a recreational vessel under 
paragraph (a)(4) of this section unless--
    (i) The owner or operator of the vessel provides the bridge tender 
with an estimate of the approximate time of that passage at least 12 
hours in advance at (202) 727-5522; and
    (ii) the owner or operator of the vessel notifies the bridge tender 
at least 4 hours in advance of the requested time for that passage.
    (6) A recreational vessel may pass through the drawspan at any time 
it is open for the passage of a commercial vessel.
    (b) The draws of all other bridges need not be opened for the 
passage of vessels.

[CGD 90-064, 57 FR 54178, Nov. 17, 1992]

                                 Florida



Sec. 117.261  Atlantic Intracoastal Waterway from St. Marys River to Key Largo.

    (a) General. Public vessels of the United States, tugs with tows, 
and vessels in a situation where a delay would endanger life or property 
shall, upon proper signal, be passed through the draw of each bridge 
listed in this section at any time.
    (b) McCormick Bridge, mile 747.5 at Jacksonville Beach. The draw 
shall open on signal; except that during April, May, October and 
November from 7 a.m. to 9 a.m. and 4:30 p.m. to 6:30 p.m. Monday through 
Friday except Federal holidays, the draw need open only on the hour and 
half hour. During April, May, October and November from 12 noon to 6 
p.m. Saturdays, Sundays and Federal holidays, the draw need open only on 
the hour and half hour.
    (c) Vilano Beach (SR A1A), Mile 778 at Vilano Beach. The draw shall 
open on signal, except that from March 15 through December 15, from 7 
a.m. to 6 p.m. Monday through Friday, except federal holidays, and from 
9 a.m. to

[[Page 406]]

sunset on Saturdays, Sundays and federal holidays, the draw need open 
only on the hour, twenty minutes after the hour, and forty minutes after 
the hour.
    (d) Bridge of Lions (SR A1A) bridge, mile 777.9 at St. Augustine. 
The draw shall open on signal; except that, from 7 a.m. to 6 p.m. the 
draw need open only on the hour and half-hour; however, the draw need 
not open at 8 a.m., 12 noon, and 5 p.m. Monday through Friday except 
Federal holidays. From 7 a.m. to 6 p.m. on Saturdays, Sundays and 
Federal holidays the draw need only open on the hour and half-hour.
    (e) Flagler Beach bridge, (SR 100), mile 810.6 at Flagler Beach. The 
draw shall open on signal; except that, from April 1 to May 31, and 
October 1 to November 30, from 7 a.m. to 6 p.m. daily, the draw need 
open only on the hour, 20 minutes after the hour, and 40 minutes after 
the hour.
    (f) Seabreeze Boulevard bridge, mile 829.1 at Daytona Beach. The 
draw shall open on signal; except that, from 7:30 a.m. to 8:30 a.m. and 
4:30 p.m. to 5:30 p.m. Monday through Saturday except Federal holidays, 
the draw need open only at 8 a.m. and 5 p.m.
    (g) Memorial bridge, mile 830.6 at Daytona Beach. The draw shall 
open on signal; except that, from 7:45 a.m. to 8:45 a.m. and 4:45 p.m. 
to 5:45 p.m. Monday through Saturday except Federal holidays, the draw 
need open only at 8:15 a.m. and 5:15 p.m.
    (h)-(i) [Reserved]
    (j) NASA Railroad bridge, mile 876.6 at Kennedy Space Center.
    (1) The draw is not constantly tended.
    (2) The draw is normally in the fully open position displaying 
flashing green lights to indicate that vessels may pass.
    (3) When a train approaches the bridge, it stops and the operator 
initiates a command to lower the bridge. The lights go to flashing red 
and the draw lowers and locks, providing scanning equipment reveals 
nothing under the draw. The draw remains down until a manual raise 
command is initiated, or will raise automatically 5 minutes after the 
intermediate track circuit is no longer occupied by a rail car.
    (4) After the train has cleared, the draw opens and the lights 
return to flashing green.
    (k) State Road 402, Max Brewer bridge, mile 878.9 at Titusville. The 
draw shall open on signal; except that, from 6 a.m. to 7:15 a.m. and 
3:15 p.m. to 4:30 p.m., Monday through Friday, except federal holidays, 
the draw need not open.
    (l) John F. Kennedy Space Center bridge, mile 885 at Addison Point. 
The draw shall open on signal; except that, from 6:30 a.m. to 8 a.m. and 
3:30 p.m. to 5 p.m. Monday through Friday, except Federal holidays, the 
draw need not open.
    (m)-(n) [Reserved]
    (o) Jensen Beach (SR 707a) bridge, mile 981.4 at Stuart. The draw 
shall open on signal; except that from December 1 through May 1, from 7 
a.m. to 6 p.m., Monday through Friday, except federal holidays, the draw 
need open only on the hour and half-hour.
    (p) Ernest Lyons (SR A1A) bridge, mile 984.9 at Stuart. The draw 
shall open on signal; except that, from December 1 through May 1, from 7 
a.m. to 6 p.m., Monday through Friday, except federal holidays, the draw 
need open only on the hour and half-hour.
    (q) Indiantown Road (SR 706) bridge, mile 1006.2 at Jupiter. The 
draw shall open on signal, except that from 7 a.m. to 6 p.m., the draw 
need open only on the hour, 20 minutes after the hour, and 40 minutes 
after the hour.
    (r) The draw of the Donald Ross Road Bridge, mile 1009.3 shall open 
on signal, except that from 1 October to 31 May, Monday through Friday, 
except federal holidays, from 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m., the 
draw need open only on the hour, quarter-hour, half-hour, and three 
quarter-hour.
    (s) PGA Boulevard Bridge, mile 1012.6. The draw shall open on 
signal; except that, from 7 a.m. to 9 a.m. and 4 p.m. to 7 p.m., Monday 
through Friday except Federal holidays, the draw need open only on the 
quarter-hour and three-quarter hour. On Saturdays, Sundays and Federal 
holidays from 8 a.m. to 6 p.m., the draw need open only on the hour, 20 
minutes after the hour, and 40 minutes after the hour. On weekdays 
except Federal holidays from November 1 through April 30 from 9 a.m. to 
4 p.m., the draw need open only on the

[[Page 407]]

hour, 20 minutes after the hour, and 40 minutes after the hour.
    (t) Parker (US 1) bridge, mile 1013.7. The draw shall open on 
signal; except that, from 7 a.m. to 9 a.m. and 4 p.m. to 7 p.m. Monday 
through Friday except Federal holidays, the draw need open only on the 
hour and half-hour. On Saturdays, Sundays and Federal holidays from 8 
a.m. to 6 p.m., the draw need open only on the hour, 20 minutes after 
the hour, and 40 minutes after the hour. On weekdays except Federal 
holidays from November 1 through April 30 from 9 a.m. to 4 p.m., the 
draw need open only on the hour, 20 minutes after the hour, and 40 
minutes after the hour.
    (u) Flagler Memorial (SR A1A) bridge, mile 1021.9 at Palm Beach. The 
draw shall open on signal; except that, from November 1 to May 31, 
Monday through Friday except Federal holidays, from 8 a.m. to 9:30 a.m. 
and from 4 p.m. to 5:45 p.m., the draw need open only at 8:30 a.m. and 
4:45 p.m. From 9:30 a.m. to 4 p.m., the draw need open only on the hour 
and half-hour.
    (v) Royal Park (SR704) bridge, mile 1022.6 at Palm Beach. The draw 
shall open on signal; except that, from November 1 through May 31, 
Monday through Friday except Federal holidays, from 8 a.m. to 9:30 a.m. 
and from 3:30 p.m. to 5:45 p.m., the draw need open only at 8:45 a.m., 
4:15 p.m., and 5 p.m. From 9:30 a.m. to 3:30 p.m., the draw need open 
only on the quarter-hour and three-quarter hour.
    (w) Southern Boulevard (SR700/80) bridge, mile 1024.7 at Palm Beach. 
The draw shall open on signal; except that, from November 1 through May 
31, Monday through Friday except Federal holidays, from 7:30 a.m. to 9 
a.m. and from 4:30 p.m. to 6:30 p.m., the draw need open only at 8:15 
a.m. and 5:30 p.m.
    (x) Ocean Avenue bridge, mile 1031.0 at Lantana. The draw shall open 
on signal; except that, from December 1 to April 30, from 7 a.m. to 6 
p.m. Monday through Friday, and from 10 a.m. to 6 p.m. Saturdays, 
Sundays and federal holidays, the bridge need open only on the hour, 
quarter-hour, half-hour, and three-quarter-hour.
    (y)  [Reserved]
    (z) N.E. 8th Street bridge, mile 1038.7 at Delray Beach. The draw 
shall open on signal; except that, from November 1 to May 31, from 11 
a.m. to 6 p.m., on Saturdays, Sundays, and Federal holidays, the draw 
need open only on the hour, quarter-hour, half-hour, and three quarter-
hour.
    (aa) Atlantic Avenue (SR806) bridge, mile 1039.6 at Delray Beach. 
The draw shall open on signal; except that, from November 1 to May 31 
from 10 a.m. to 6 p.m. Monday through Friday, the draw need open only on 
the hour and half-hour.
    (aa-1) Boca Club, Camino Real bridge, mile 1048.2 at Boca Raton. The 
draw shall open on signal, except that from 7 a.m. to 6 p.m., the draw 
need open only on the hour, quarter-hour, half hour, and three quarter-
hour.
    (bb) Hillsboro Boulevard (SR 810) bridge, mile 1050.0 at Deerfield 
Beach. The draw shall open on signal; except that, from October 1 
through May 31, from 7 a.m. to 6 p.m., on Monday through Thursday, the 
draw need open only on the hour, 20 minutes after the hour, and 40 
minutes after the hour; and from 7 a.m. to 6 p.m., on Friday through 
Sunday and federal holidays, the draw need open only on the hour and 
half-hour.
    (cc) N.E. 14th Street bridge, mile 1055.0 at Pompano. The draw shall 
open on signal; except that, from 7 a.m. to 6 p.m., the draw need open 
only on the quarter-hour and three-quarter hour.
    (dd) Atlantic Boulevard (SR814) bridge, mile 1056.0 at Pompano. The 
draw shall open on signal; except that, from 7 a.m. to 6 p.m., the draw 
need open only on the hour and half-hour.
    (ee) Commercial Boulevard bridge (SR 870), mile 1059.0, at 
Lauderdale-by-the-Sea. The draws shall open on signal; except that, from 
November 1 through May 15 from 8 a.m. to 6 p.m., Monday through Friday, 
the draw need open only on the hour, quarter-hour, half-hour, and three-
quarter hour, and from 8 a.m. to 6 p.m. on Saturdays, Sundays, and 
federal holidays, the draw need open only on the hour, 20 minutes after 
the hour, and 40 minutes after the hour.
    (ff) Oakland Park Boulevard Bridge, mile 1060.5 at Fort Lauderdale. 
The draw shall open on signal; except that from

[[Page 408]]

November 15 through May 15 from 7 a.m. to 10 p.m., Monday through 
Friday, the draw need open only on the hour, 20 minutes past the hour, 
and 40 minutes past the hour, and from 10 a.m. to 10 p.m. on Saturdays, 
Sundays, and Federal holidays, the draw need open only on the hour, 
quarter-hour, half-hour, and three-quarter hour.
    (gg) The draw of the East Sunrise Boulevard drawbridge (SR 838), 
mile 1062.6, at Fort Lauderdale shall open on signal; except that from 
November 15 to May 15, from 10 a.m. to 6 p.m., the draw need open only 
on the hour, quarter-hour, half-hour and three-quarter hour.
    (hh) The draw of the Brooks Memorial (S.E. 17th Street) bridge, mile 
1065.9 at Fort Lauderdale, shall open on signal; except that from 7 a.m. 
to 7 p.m. the draw need open only on the hour and half-hour.
    (ii) [Reserved]
    (jj) Hollywood Beach Boulevard (SR820) bridge, mile 1072.2 at 
Hollywood. The draw shall open on signal; except that from November 15 
through May 15 from 10 a.m. to 6 p.m., the draw need open only on the 
hour and half-hour. From May 16 through November 14 on Saturdays, 
Sundays, and Federal holidays, from 9 a.m. to 7 p.m., the draw need open 
only on the hour and half-hour.
    (kk) Hallandale Beach Boulevard (SR824) bridge, mile 1074.0 at 
Hallandale. The draw shall open on signal; except that, from 7:15 a.m. 
to 6:15 p.m., the draw need open only on the quarter-hour and three-
quarter hour.
    (ll) N.E. 163rd Street (SR826) bridge, mile 1078.0 at Sunny Isles. 
The draw shall open on signal; except that, from 7 a.m. to 6 p.m. on 
Monday through Friday except Federal holidays, and from 10 a.m. to 6 
p.m. on Saturdays, Sundays, and Federal holidays, the draw need open 
only on the quarter-hour and three-quarter hour.
    (mm) Broad Causeway bridge, mile 1081.4 at Bay Harbor Islands. The 
draw shall open on signal; except that, from 8 a.m. to 6 p.m., the draw 
need open only on the quarter-hour and three-quarter hour.
    (nn) West Span of the Venetian Causeway, mile 1088.6 at Miami. The 
draw shall open on signal; except that, from November 1 through April 
30, Monay through Friday except Federal holidays, from 7 a.m. to 9 a.m. 
and 4:30 p.m. to 6:30 p.m., the draw need be opened only on the hour and 
half-hour.
    (oo) MacArthur Causeway bridge, mile 1088.8 at Miami. The draw shall 
open on signal; except that, from November 1 through April 30 from 7 
a.m. to 9 a.m. and 4:30 p.m. to 6:30 p.m., the draw need open only on 
the hour and half-hour.
    (pp) [Removed]
    (qq) Jewfish Creek, mile 1134, Key Largo. The draw shall open on 
signal; except that from 10 a.m. to sunset, Thursday through Sunday and 
federal holidays, the draw need open only on the hour and half hour.

[CGD7-84-29, 50 FR 51248, Dec. 16, 1985]

    Editorial Note: For Federal Register citations to Sec. 117.261, see 
the List of CFR Sections Affected in the Finding Aids section of this 
volume.



Sec. 117.263  Banana River.

    (a) The draw of the Mathers (SR A-1-A) Bridge, mile 0.5 at Indian 
Harbor Beach, shall open on signal; except that, from 10 p.m. to 6 a.m. 
Monday through Friday except Federal holidays, the draw shall open on 
signal if at least two hours notice is given.
    (b) The draw of the NASA Causeway bridge, mile 27.6 at Cape 
Canaveral, shall open on signal if at least four hours notice is given 
to the NASA Security Office by telephone or in person.

[CGD 82-025, 49 FR 26721, June 29, 1984]



Sec. 117.265  Bayou Chico.

    The draw of the highway bridge, mile 0.3 at Pensacola, shall open on 
signal at any time for the passage of commercial vessels. The draw shall 
open at any time for the passage of pleasure vessels; except that, from 
6 a.m. to 8 a.m., 11 a.m. to 1 p.m., and 3 p.m. to 6 p.m. Monday through 
Friday except holidays, the draw need be opened only on the hour and 
half hour or when five or more pleasure vessels are waiting to pass or 
in emergencies or severe storms. When the draw is open for commercial 
vessels during these restricted periods, accumulated pleasure vessels 
shall be passed.

[[Page 409]]



Sec. 117.267  Big Carlos Pass.

    The draw of the SR865 bridge, mile 0.0 between Estero Island and 
Black Island, shall open on signal; except that, the draw need not be 
opened from 7 p.m. to 8 a.m.



Sec. 117.269  Biscayne Bay.

    The draw of the East Span of the Venetian Causeway bridge, between 
Miami and Miami Beach, shall open on signal; except that, from November 
1 through April 30 from 7:15 a.m. to 8:45 a.m. and 4:45 p.m. to 6:15 
p.m. Monday through Friday, the draw need not be opened. However, the 
draws shall open at 7:45 a.m., 8:15 a.m., 5:15 p.m., and 5:45 p.m. if 
any vessels are waiting to pass. The draw shall open on signal on 
Thanksgiving Day, Christmas Day, New Year's Day, and Washington's 
Birthday. The draw shall open at any time for public vessels of the 
United States, tugs with tows, regularly scheduled cruise vessels, and 
vessels in distress.



Sec. 117.271  Blackwater River.

    (a) The draw of the Seaboard System Railroad bridge, mile 2.8 at 
Milton, shall open on signal; except that, from 8 p.m. to 4 a.m., the 
draw shall open on signal if at least eight hours notice is given.
    (b) [Reserved]

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD8-86-06, 51 FR 
29101, Aug. 14, 1986]



Sec. 117.272  Boot Key Harbor.

    The draw of the Boot Key Harbor drawbridge, mile 0.13, between 
Marathon and Book Key, shall open on signal; except that during the 
evening hours from 10 p.m. to 6 a.m., the draw shall open on signal if 
at least 2 hours notice is given.

[CGD07-93-019, 58 FR 39146, July 22, 1993]



Sec. 117.273  Canaveral Barge Canal.

    (a) The draw of the Christa McAuliffe bridge, SR 3, mile 1.0, near 
Indianola shall open on signal from 6 a.m. to 10 p.m. except that, from 
6:15 a.m. to 7:45 a.m. and 3:30 p.m. to 5:15 p.m. Monday through Friday, 
except federal holidays, the draw need not open for the passage of 
vessels. From 10 p.m. to 6 a.m., the draw shall open on signal if at 
least three hours notice is given. The draw shall open as soon as 
possible for the passage of public vessels of the United States, tugs 
with tows and vessels in distress.
    (b) The draw of the SR401 bridge, mile 5.5 at Port Canaveral, shall 
open on signal; except that, from 6:30 a.m. to 8 a.m. and 3:30 p.m. to 
5:15 p.m. Monday through Friday except Federal holidays, the draw need 
not be opened for the passage of vessels. From 10 p.m. to 6 a.m., the 
draws shall open on signal if at least three hours notice is given. The 
draw shall open as soon as possible for the passage of pubic vessels of 
the United States, tugs with tows, and vessels in distress.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984, as 
amended by CGD7-90-79, 56 FR 4176, Feb. 4, 1991]



Sec. 117.277  Clearwater Pass.

    (a) The draw of the SR 699 bridge shall open on signal except as 
provided below.
    (b) From 11 a.m. to 6 p.m. on Saturdays, Sundays, and federal 
holidays the draw need open only on the hour, quarter hour, half hour, 
and three quarter hour. Public vessels of the United States, tugs with 
tows, and vessels in distress shall be passed at any time.
    (c) Notwithstanding the provisions of paragraph (b), the draw shall 
open on signal whenever a National Weather Service small craft advisory 
or warning for winds of greater force is in effect.
    (d) From 11 p.m. to 7 a.m. a delay of up to 10 minutes may be 
expected unless the drawtender has been contacted by telephone or 
radiotelephone.

[CGD7-84-18, 50 FR 29671, July 22, 1985, as amended by CGD7-88-36, 54 FR 
10542, Mar. 14, 1989]



Sec. 117.279  Coffeepot Bayou.

    The draw of the Snell Isle Boulevard bridge, mile 0.4 at St. 
Petersburg, need not be opened for the passage of vessels.



Sec. 117.283  Dunns Creek.

    The draw of the US17 bridge, mile 0.9 near Satsuma, shall open on 
signal if at least three hours notice is given.

[[Page 410]]



Sec. 117.285  Grand Canal.

    (a) The draw of the Lansing Island bridge, mile 0.7, shall open on 
signal, except that during the evening hours from 10 p.m. to 6 a.m. from 
Sunday evening until Friday morning, except on evenings preceeding a 
Federal holiday, the draw shall open on signal if at least 2 hours 
notice is given.
    (b) The draw of the Tortoise Island bridge, mile 2.6, shall open on 
signal; except that during the evening hours from 10 p.m. to 6 a.m. from 
Sunday evening until Friday morning, except on evenings preceding a 
Federal holiday, the draw shall open on signal if at least 2 hours 
notice is given.

[CGD7-92-113, 58 FR 31474, June 3, 1993]



Sec. 117.287  Gulf Intracoastal Waterway.

    (a) Public vessels of the United States, tugs with tows, and vessels 
in distress shall be passed through the draw of each bridge listed in 
this section at any time.
    (a-1) The draw of the Gasparilla Island Causeway drawbridge, mile 
34.3, at Placida shall open on signal; except that from January 1 to May 
31, from 10 a.m. to 5 p.m., the draw need open only on the hour, quarter 
hour, half hour and three quarter hour.
    (a-2) The draw of the Venice Avenue bridge, mile 56.6 at Venice, 
shall open on signal, except that from 7 a.m. to 4:30 p.m., Monday 
through Friday except Federal holidays, the draw need open only at 10 
minutes after the hour, 30 minutes after the hour and 50 minutes after 
the hour and except between 4:35 p.m. and 5:35 p.m. when the draw need 
not open.
    (b) The draw of the Hatchett Creek (US-41) bridge, mile 56.9 at 
Venice, shall open on signal, except that, from 7 a.m. to 4:20 p.m., 
Monday through Friday except Federal holidays, the draw need open only 
on the hour, 20 minutes after the hour, and 40 minutes after the hour 
and except between 4:25 p.m. and 5:25 p.m. when the draw need not open. 
On Saturdays, Sundays, and Federal holidays from 7:30 a.m. to 6 p.m. the 
draw need open only on the hour, quarter-hour, half-hour, and three 
quarter-hour.
    (b-1) The draw of the Siesta Key bridge, mile 71.6 at Sarasota, 
shall open on signal, except that, from 11 a.m. to 6 p.m. daily, the 
draw need open only on the hour, 20 minutes past the hour, and 40 
minutes past the hour.
    (c) The draw of the Ringling Causeway (SR 780) bridge, mile 73.6, 
shall open on signal; except that, from 7 a.m. to 6 p.m., the draw need 
open only on the hour and half hour.
    (d)(1) The draw of the Cortez (SR 684) bridge, mile 87.4, shall open 
on signal; except that from 7 a.m. to 6 p.m., the draw need open only on 
the hour, twenty minutes past the hour and forty minutes past the hour.
    (2) The draw of the Anna Maria (SR 64) bridge, mile 89.2, shall open 
on signal; except that from 7 a.m. to 6 p.m., the draw need open only on 
the hour, twenty minutes past the hour and forty minutes past the hour.
    (3) [Reserved]
    (4) The draw of the Pinellas Bayway, Structure ``E'' (SR 679) 
bridge, mile 113.0 at St. Petersburg Beach, shall open on signal; except 
that from 9 a.m. to 7 p.m. the draw need open only on the hour, 20 
minutes past the hour and 40 minutes past the hour.
    (e) The draw of the Pinellas Bayway, Structure ``C'' bridge, mile 
114, at St. Petersburg Beach shall open on signal; except that from 7 
a.m. to 7 p.m., the draw need open only on the hour, twenty minutes past 
the hour, and forty minutes past the hour.
    (f) The draw of the Corey Causeway (SR693) bridge, mile 117.7 at 
South Pasadena, shall open on signal; except that, from 8 a.m. to 7 p.m. 
Monday through Friday, and 10 a.m. to 7 p.m. Saturdays, Sundays, and 
Federal holidays, the draw need be opened only on the hour, 20 minutes 
after the hour, and 40 minutes after the hour.
    (g) The draw of the Treasure Island Causeway bridge, mile 119.0, 
shall open on signal, except that from 7 a.m. to 7 p.m. the draw need 
open only on the hour, quarter hour, half hour and three quarter hour. 
From 11 p.m. to 7 a.m. the draw shall open on signal if at least 10 
minutes advance notice is given.
    (h) The draw of the Welch Causeway (SR699) bridge, mile 122.8 at 
Madiera Beach, shall open on signal; except that, from 9:30 a.m. to 6 
p.m. on Saturdays, Sundays, and Federal holidays, the draw need be 
opened only on the

[[Page 411]]

hour, 20 minutes after the hour, and 40 minutes after the hour.
    (i) The draw of the Belleair Causeway bridge, mile 131.8 at 
Clearwater, shall open on signal; except that, from 12 noon to 6 p.m., 
on Saturdays, Sundays, and holidays, the draw need be opened only on the 
hour, quarter hour, half hour, and three-quarter hour.
    (j) The draw of the Memorial Clearwater Causeway (SR60) bridge, mile 
136.0 at Clearwater, shall open on signal; except that, from 9 a.m. to 6 
p.m., the draw need be opened only on the hour, 20 minutes past the 
hour, and 40 minutes past the hour. From 2 p.m. to 6 p.m. Saturdays, 
Sundays, and Federal holidays, the draw need be opened only on the hour 
and half hour.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984]

    Editorial Note: For Federal Register citations to Sec. 117.287, see 
the List of CFR Sections Affected in the Finding Aids section of this 
volume.



Sec. 117.289  Hillsboro Inlet.

    The draw of the SR A-1-A bridge, mile 0.3 at Hillsboro Beach, shall 
open on signal; except that, from 7 a.m. to 6 p.m., the draw need be 
opened only on the hour, quarter hour, half hour, and three quarter 
hour. Public vessels of the United States, tugs with tows, and vessels 
in distress shall be passed at any time.



Sec. 117.291  Hillsborough River.

    (a) The draws of the bridges at Platt Street, mile 0.0, Brorein 
Street, mile 0.16, Kennedy Boulevard, mile 0.4, Cass Street, mile 0.7, 
Laurel Street, mile 1.0, West Columbus Drive, mile 2.3, and West 
Hillsborough Avenue, mile 4.8, shall open on signal if at least two 
hours notice is given; except that, the draws shall open on signal as 
soon as possible after a request by a public vessel of the United 
States, a vessel owned or operated by the State, county or local 
government and used for public safety purposes, or a vessel in distress.
    (b) The draw of the Seaboard System Railroad bridge, mile 0.7, shall 
open on signal from 4 p.m. to 12 midnight Monday through Friday. At all 
other times, the draw shall be maintained in the fully open position.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984, as 
amended by CGD7-92-56, 58 FR 15420, Mar. 23, 1993]



Sec. 117.295  Kissimmee River.

    The draw of the DSX Railroad bridge, mile 37.0, near Fort Basinger, 
shall open if at least 96 hours notice is given.

[CGD07-93-091, 59 FR 21932, Apr. 28, 1994]



Sec. 117.297  Little Manatee River.

    The draw of the Seaboard System Railroad bridge, mile 2.4 at Ruskin, 
shall open on signal if at least three hours notice is given.



Sec. 117.299  Longboat Pass.

    The draw of the SR789 bridge, mile 0.0 between Longboat Key and Anna 
Maria Key, shall open on signal; except that, from 6 p.m. to 6 a.m., the 
draw shall open on signal if at least three hours notice is given.



Sec. 117.300  Loxahatchee River.

    The draw of the Florida East Coast Railway bridge across the 
Loxahatchee River, mile 1.2 at Jupiter, operates as follows:
    (a) The bridge is not constantly tended.
    (b) The draw is normally in the fully open position, displaying 
flashing green lights to indicate that vessels may pass.
    (c) When a train approaches, the lights go to flashing red and a 
horn starts four blasts, pauses, and then continues four blasts. After 
an eight minute delay, the draw lowers and locks, providing the scanning 
equipment reveals nothing under the draw. The draw remains down for a 
period of eight minutes or while the approach track circuit is occupied.
    (d) After the train has cleared, the draw opens and the lights 
return to flashing green.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984]



Sec. 117.303  Matlacha Pass.

    The draw of the SR78 bridge, mile 6.0 at Fort Myers, shall open on 
signal from 8 a.m. to 10 a.m. and from 3 p.m. to 7 p.m. Monday through 
Saturday. On

[[Page 412]]

Sundays the draw shall open on signal from 7 a.m. to 10 a.m. and from 3 
p.m. to 7 p.m. At all other times, the draw need not be opened for the 
passage of vessels.

[CGD7-92-74, 57 FR 58711, Dec. 11, 1992]



Sec. 117.305  Miami River.

    The draw of each bridge from the mouth to and including the N.W. 
27th Avenue bridge, mile 3.7 at Miami, shall open on signal; except 
that, from 7:30 a.m. to 9 a.m. and 4:30 p.m. to 6 p.m. Monday through 
Friday except New Year's, Independence, Labor, Veteran's, Thanksgiving, 
and Christmas Days, the draws need not be opened for the passage of 
vessels. During the period of a hurricane alert issued by the National 
Weather Bureau, all bridges shall open on signal. Public vessels of the 
United States and vessels in an emergency involving danger to life or 
property shall be passed at any time.



Sec. 117.307  Miami River, North Fork.

    The draw of the Seaboard System Railroad bridge, mile 5.3 at Miami, 
shall open on signal from 8:30 a.m. to 5:30 p.m. Monday through Friday. 
At all other times, the draw shall open on signal if at least three 
hours notice is given.



Sec. 117.309  Nassau Sound.

    The draw of the Fernandina Port Authority (SR A-1-A) bridge, mile 
0.4 between Amelia Island and Talbot Island, shall open on signal from 6 
a.m. to 6 p.m. if at least six hours notice is given. The draw need not 
be opened from 6 p.m. to 6 a.m.



Sec. 117.311  New pass.

    The draw of the State Road 789 bridge, mile 0.0, at Sarasota, shall 
open on signal; except that from 7 a.m. to 6 p.m., the draw need open 
only on the hour, twenty minutes past the hour and forty minutes past 
the hour. Public vessels of the United States, tugs with tows, and 
vessels in a situation where a delay would endanger life or property 
shall, upon proper signal, be passed at any time.

[CGD7-92-28, 58 FR 15422, Mar. 23, 1993]



Sec. 117.313  New River.

    (a) The draw of the S.E. Third Avenue bridge, mile 1.4 at Fort 
Lauderdale, shall open on signal; except that, from 7:30 a.m. to 8:30 
a.m. and 4:30 p.m. to 5:30 p.m. Monday through Friday, the draw need not 
be opened for the passage of vessels. Public vessels of the United 
States, regularly scheduled cruise vessels, tugs with tows, and vessels 
in distress shall be passed at any time.
    (b) The draw of the Andrews Avenue bridge, mile 2.3 at Fort 
Lauderdale, shall open on signal; however, the draw need not be opened 
for upbound vessels when the draw of the Florida East Coast railroad 
bridge, mile 2.5 at Fort Lauderdale, is in the closed position for the 
passage of a train.



Sec. 117.315  New River, South Fork.

    (a) The draw of the Southwest 12th Street bridge, mile 0.9 at Fort 
Lauderdale, shall open on signal; except that, from 7:30 a.m. to 8:30 
a.m. and 4:30 p.m. to 5:30 p.m. Monday through Friday, the draws need 
not be opened for the passage of vessels. Public vessels of the United 
States, regularly scheduled cruise vessels, tugs with tows, and vessels 
in distress shall be passed through the draw as soon as possible.
    (b) The draw of the SR84 bridge, mile 4.4 at Fort Lauderdale, shall 
open on signal if at least 24 hours notice is given. Public vessels of 
the United States, regularly scheduled cruise vessels, tugs with tows, 
and vessels in distress shall be passed through the draw as soon as 
possible.



Sec. 117.317  Okeechobee Waterway.

    (a) Exempt vessels. This term means public vessels of the United 
States, tugs with tows, and vessels in a situation where a delay would 
endanger life or property.
    (b) Evans Crary (SR A1A) bridge, mile 3.4 at Stuart. The draw shall 
open on signal; except that from December 1 through May 1, from 7 a.m. 
to 6 p.m., Monday through Friday, except federal holidays, the draw need 
open only on the hour and half-hour. On Saturdays, Sundays, and federal 
holidays, December 1 through May 1, from 8 a.m. to 6 p.m., the draw need 
open only on the hour, 20 minutes after the hour, and 40

[[Page 413]]

minutes after the hour. Exempt vessels shall be passed at any time.
    (c) Florida East Coast Railroad bridge, mile 7.4 at Stuart. The draw 
shall operate as follows:
    (1) The bridge is not constantly tended.
    (2) The draw is normally in the fully open position, displaying 
flashing green lights to indicate that vessels may pass.
    (3) When a train approaches the bridge, the navigation lights go to 
flashing red and a horn sounds four blasts, pauses, and then repeats 
four blasts. After an eight minute delay, the draw lowers and locks, 
providing the scanning equipment reveals nothing under the draw. The 
draw remains down for a period of eight minutes or while the approach 
track circuit is occupied.
    (4) After the train has cleared, the draw opens and the lights 
return to flashing green.
    (d) Roosevelt (US1) bridge, mile 7.4 at Stuart. The draw shall open 
on signal; except Monday through Friday, except Federal holidays, from 7 
a.m. to 6 p.m. the draw need open only on the hour and half hour. 
However, the draw need not open between 7:30 a.m. and 9 a.m. and 4 p.m. 
and 5:30 p.m. except at 8:15 a.m. and 4:45 p.m. On Saturdays, Sundays, 
and federal holidays from 8 a.m. to 6 p.m. the draw need open only on 
the hour, 20 minutes after the hour, and 40 minutes after the hour. When 
the adjacent railway bridge is in the closed position at the time of a 
scheduled opening the draw need not open, but it must then open 
immediately upon opening of the railroad bridge to pass all accumulated 
vessels. Exempt vessels shall be passed at any time.
    (e) Seaboard System Railroad bridge, mile 28.2 at Indiantown. The 
draw shall open on signal; except that, from 10 p.m. to 6 a.m. the draw 
shall open on signal if at least three hours notice is given.
    (f) Florida East Coast Railroad bridge, mile 38.0, at Port Mayaca.
    (1) The bridge is not constantly tended.
    (2) The draw is normally in the fully open position displaying 
flashing green lights to indicate that vessels may pass.
    (3) When a train approaches the bridge it will stop and a crewmember 
will observe the waterway for approaching vessels, which will be allowed 
to pass. Upon manual signal, the bridge lights will go to flashing red, 
and the horn will sound four blasts, pause, then repeat four blasts, 
then the draw will lower and lock, providing scanning equipment reveals 
nothing under the span.
    (4) After the train has cleared, the draw will open, and the lights 
will return to flashing green.
    (g) Belle Glade Dike (SR 71) bridge, mile 60.7 between Torry Island 
and Lake Shore. The draw shall open on signal from 7 a.m. to 6 p.m. 
Monday through Thursday, and from 7 a.m. to 7 p.m. Friday through 
Sunday. At all other times, the draw need not be opened for the passage 
of vessels.
    (h) Seaboard System Railroad bridge, mile 78.3 at Moore Haven. The 
draw shall open on signal; except that, from 10 p.m. to 6 a.m. the draw 
need not be opened for the passage of vessels.
    (i) Highway bridges at Moore Haven (mile 78.4) La Belle (mile 
103.0), Denaud (mile 108.2), Alva (mile 116.0), and Olga (mile 126.3). 
The draws shall open on signal; except that, from 10 p.m. to 6 a.m. the 
draws shall open on signal if at least three hours notice is given.
    (j) Sanibel Causeway bridge, mile 151 at Punta Rassa. The draw shall 
open on signal; except that from 11 a.m. to 6 p.m., the draw need open 
only on the hour, quarter hour, half hour, and three quarter hour. From 
10 p.m. to 6 a.m. the draw will open on signal if at least a five minute 
advance notice is given. Exempt vessels shall be passed at any time.

[CGD7 85-50, 51 FR 12319, Apr. 10, 1986, as amended by CGD7 87-06, 52 FR 
28693, Aug. 3, 1987; CGD 7-87-37, 53 FR 120, Jan. 5, 1988; CGD7-87-37, 
53 FR 17465, May 17, 1988; CGD7-90-37, 55 FR 42372, Oct. 19, 1990; CGD7-
90-22, 55 FR 48232, Nov. 20, 1990; CGD7-92-112, 58 FR 15421, Mar. 23, 
1993; CG07-93-025, 58 FR 36357, July 7, 1993; CGD07-94-85, 60 FR 66747, 
Dec. 26, 1995]



Sec. 117.319  Oklawaha River.

    (a) The draws of the Sharpes Ferry (SR 40) bridge, mile 55.1, and 
Muclan Farms bridge, mile 63.9, shall open on signal if at least three 
hours notice is given.

[[Page 414]]

    (b) The draw of the Moss Bluff (SR 464) bridge, mile 66.0, need not 
open for the passage of vessels.

[CGD7-85-15, 50 FR 29672, July 22, 1985, as amended by CGD7-87-49, 52 FR 
42649, Nov. 6, 1987]



Sec. 117.323  Outer Clam Bay.

    The draw of the Clam Bay boardwalk shall open on signal between 9 
a.m. and 5 p.m., if at least one-hour advance notice is given. Between 5 
p.m. and 9 a.m., the draw will be left in the open position.

[CGD7-87-1, 52 FR 21953, June 10, 1987]



Sec. 117.325  St. Johns River.

    (a) The draw of the Main Street (US17) Bridge, mile 24.7, at 
Jacksonville, shall open on signal except that, from 7 a.m. to 8:30 a.m. 
and from 4:30 p.m. to 6 p.m., Monday through Saturday except Federal 
holidays, the draws need not be opened for the passage of vessels. The 
draws shall open at any time for vessels in an emergency involving life 
or property.
    (b) The draw of the Fuller Warren (I10-I95) Bridge, mile 25.4, at 
Jacksonville, shall open on signal except that, from 7 a.m. to 9 a.m. 
and from 4 p.m. to 6 p.m., Monday through Friday except Federal 
holidays, the draws need not be opened for the passage of vessels. From 
9 a.m. to 4 p.m., Monday through Friday except Federal holidays, except 
for tugs with tows, the draws need open only on the hour for the passage 
of vessels. The draws shall open at any time for vessels in an emergency 
involving life or property.
    (c) The draw of the Florida East Coast automated railroad bridge, 
mile 24.9, shall operate as follows:
    (1) The bridge shall be constantly tended and have a mechanical 
override capability for the automated operation. A radiotelephone shall 
be maintained at the bridge for the safety of navigation.
    (2) The draw is normally in the fully open position, displaying 
flashing green lights to indicate that vessels may pass.
    (3) When a train approaches, large signs on both the upstream and 
downstream sides of the bridge flash ``Bridge Coming Down,'' the lights 
go to flashing red, and siren signals sound. After an eight minute 
delay, the draw lowers and locks if there are no vessels under the draw. 
The draw remains down for a period of eight minutes or while the 
approach track circuit is occupied.
    (4) After the train has cleared, the draw opens and the lights 
return to flashing green.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD7-90-76, 55 FR 
47753, Nov. 15, 1990; CGD07-96-069, 62 FR 15843, Apr. 3, 1997]



Sec. 117.327  St. Marks River.

    The draw of the U.S. 98-SR30 bridge, mile 9.0 at Newport, need not 
be opened for the passage of vessels.

[CGD8-88-13, 54 FR 13064, Mar. 30, 1989]



Sec. 117.329  St. Marys River.

    The draws of US17 bridge, mile 23.0, and the Seaboard System 
Railroad bridge, mile 23.1, both at Kingsland, shall open on signal if 
at least 48 hours notice is given.



Sec. 117.333  Suwannee River.

    The draw of the Seaboard System Railroad bridge, mile 35.0 at Old 
Town, shall open on signal if at least five days notice is given.



Sec. 117.335  Taylor Creek.

    The draw of US441 bridge, mile 0.3 at Okeechobee, shall open on 
signal if at least two hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984]



Sec. 117.337  Trout River.

    The draw of the Seaboard System Railroad bridge, mile 0.9 at Panama 
Park, shall open on signal from 6 a.m. to 10 p.m. From 10 p.m. to 6 
a.m., the draw shall open on signal if at least 12 hours notice is 
given.



Sec. 117.341  Whitcomb Bayou.

    The draw of the Beckett Bridge, mile 0.5, at Tarpon Springs, Florida 
shall open on signal if at least two hours notice is given.

[CGD7-87-60, 53 FR 3206, Feb. 4, 1988]

[[Page 415]]

                                 Georgia



Sec. 117.351  Altamaha River.

    (a) The draws of all bridges, except the Seaboard System Railroad 
bridge, mile 59.4 at Doctortown, shall open on signal if at least 24 
hours notice is given.
    (b) The draw of the Seaboard System Railroad bridge, mile 59.4 at 
Doctortown, shall open on signal if at least seven days notice is given.



Sec. 117.353  Atlantic Intracoastal Waterway, Savannah River to St. Marys River.

    (a) General. Public vessels of the United States, tugs with tows, 
and vessels in a situation where a delay would endanger life or property 
shall, upon proper signal, be passed through the draw of each bridge in 
this section at any time.
    (b) Causton Bluff, SR 26, mile 579.9 near Causton Bluff. The draw 
shall open on signal, except that from 6:30 a.m. to 9 a.m. and 4:30 p.m. 
to 6:30 p.m. Monday through Friday, except Federal holidays the draw 
need open only at 7 a.m., 8 a.m. and 5:30 p.m.

[CGD7 84-29, 50 FR 51249, Dec. 16, 1985, as amended by CGD7-87-12, 52 FR 
42647, Nov. 6, 1987; CGD7-87-76, 53 FR 2035, Jan. 26, 1988]



Sec. 117.359  Chattahoochee River.

    See Sec. 117.107, Chattahoochee River, listed under Alabama.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]



Sec. 117.361  Flint River.

    The draws of the Seaboard System Railroad bridges, miles 28.0 and 
28.7, both at Bainbridge, shall open on signal if at least 15 days 
notice is given.



Sec. 117.363  Ocmulgee River.

    The draws of each bridge shall open on signal if at least 24 hours 
notice is given.



Sec. 117.365  Oconee River.

    The draw of the SR46 bridge, mile 44.3 near Soperton, shall open on 
signal if at least 24 hours notice is given.



Sec. 117.367  Ogeechee River.

    (a) The draw of the Seaboard System Railroad bridge, mile 30.7 at 
Richmond Hill, shall open on signal if at least 15 days notice is given.
    (b) The draw of the highway bridge, mile 37.8 near Richmond Hill, 
need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984]



Sec. 117.369  Satilla River.

    The draw of the Seaboard System Railroad bridge, mile 25.7 at 
Woodbine, shall open on signal if at least 24 hours notice is given.



Sec. 117.371  Savannah River.

    (a) The draw of the Houlihan bridge (US 17) mile 21.6 at Savannah 
shall open on signal if at least three hours advance notice is given to 
the Georgia Department of Transportation Area Engineer in Savannah.
    (b) The draw of the Seaboard System Railroad bridge, mile 27.4 near 
Hardeeville, South Carolina shall open on a signal if at least three 
hours advance notice is given. VHF radiotelephone communications will be 
maintained at the railroad's chief dispatcher's office in Savannah.
    (c) The draw of the CSX Transportation railroad bridge, mile 60.9, 
near Clyo, Georgia, shall open on signal if at least 48 hours advance 
notice is given. Openings can be arranged by contacting CSX 
Transportation on Channel 16 VHF or by telephone at 1 800 232-0146. VHF 
radiotelephone communications will be maintained at the dispatcher's 
office in Savannah, Georgia.
    (d) The draw of the Seaboard System Railroad bridge, mile 195.4 near 
Augusta, shall open on signal if at least three hours notice is given.

[CGD7-84-21, 49 FR 43955, Nov. 1, 1984, as amended by CGD7-84-01, 50 FR 
25073, June 17, 1985; CGD7-87-45, 53 FR 4394, Feb. 16, 1988; CGD7-90-08, 
56 FR 16008, Apr. 19, 1991]



Sec. 117.373  St. Marys River.

    See Sec. 117.329, St. Marys River, listed under Florida.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]

                                  Idaho



Sec. 117.381  Clearwater River.

    The draws of the Union Pacific (Camas Prairie) railroad bridge, mile

[[Page 416]]

0.6 at Lewiston, shall open on signal if at least three hours notice is 
given to the Camas Prairie Railroad in Lewiston.



Sec. 117.383  Pend Oreille River.

    The draw of the Burlington Northern railroad bridge, mile 111.3 near 
Sand-point, need not be opened for the passage of vessels.



Sec. 117.385  Snake River.

    The drawspan of the U.S. 12 bridge, mile 140.0, between Lewiston, 
Idaho, and Clarkston, Washington, operates as follows:
    (a) The draw need not open for the passage of vessels except at 
these hours:
    (1) From March 15 through November 15 at 6 a.m., 10 a.m., 3 p.m., 7 
p.m., and 9 p.m.
    (2) From November 16 through March 14 at 9 a.m., 10 a.m., 2 p.m., 
and 3 p.m.
    (b) Requests for openings shall be given to the Washington State 
Department of Transportation.
    (1) Monday through Thursday of every week, except holidays, the draw 
shall open if at least two hours notice is given.
    (2) Friday through Sunday of every week, except holidays, the draw 
shall open if notice is given by 5 p.m. of the preceding Wednesday.
    (3) The draw shall open on holidays if notice is given by 5 p.m. two 
workdays, excluding Friday, preceding the holiday.
    (4) The draw shall open at any time for the passage of vessels 
engaged in an emergency.

[CGD13-92-01, 57 FR 38608, Aug. 26, 1992]

                                Illinois



Sec. 117.389  Calumet River.

    The draws of the Conrail bridges, miles 1.4 and 1.5 at Chicago, 
operate as follows:
    (a) The draws shall open on signal; except that, if either one of 
the bridges is inoperable because of equipment breakdown, the other 
bridge need not be opened.
    (b) In addition to the signals prescribed in Sec. 117.15, the 
following special visual signals shall be used on the bridges:
    (1) When the draw cannot be opened immediately, or is open and must 
be closed promptly, two red lights are flashed alternately.
    (2) When the draw can be opened immediately, two amber lights are 
flashed alternately.
    (3) When the draw is open for passage, two green lights are flashed 
alternately.
    2. Section 117.391 is revised to read as follows:



Sec. 117.391  Chicago River.

    The draws of the bridges operated by the City of Chicago shall 
operate as follows:
    (a) For commercial vessels:
    (1) From April 1 through November 30--
    (i) The draws of the bridges across the Chicago River from its mouth 
to the junction of the North and South Branches, across the South Branch 
from the junction to and including the Roosevelt Road, and the Kinzie 
and Ohio Street bridges across the North Branch shall open on signal; 
except that, from Monday through Friday from 7:30 a.m. to 10 a.m., and 4 
p.m. to 6:30 p.m., the draws need not be opened for the passage of 
commercial vessels.
    (ii) The draws of the bridges across the North Branch of the Chicago 
River at Grand Avenue, the bridges across the North Branch of the 
Chicago River north of the Ohio Street bridge to and including North 
Halsted Street, and bridges across the South Branch of the Chicago River 
North of South Halsted Street to, but not including Roosevelt Road, 
shall open on signal; except that, from Monday through Friday from 7 
a.m. to 8 a.m. and 5:30 p.m. to 6:30 p.m., the draws need not open for 
the passage of commercial vessels.
    (iii) The draws of the bridges across the North Branch of the 
Chicago River north of North Halsted Street and the South Branch of the 
Chicago River south of South Halsted Street shall open on signal; except 
that, from Monday through Friday from 7 a.m. to 8 a.m. and 5:30 p.m. to 
6:30 p.m. the draws need not be opened for the passage of commercial 
vessels.
    (iv) Subject to the restrictions in paragraphs (a)(1)(i) through 
(a)(1)(iii) of this section, the draw of the Cermak

[[Page 417]]

Road bridge across the South Branch of the Chicago River, shall open on 
signal. The draws of the following bridges in Chicago shall open on 
signal if tended or within 30 minutes after notice is given to the City 
of Chicago Bridge Desk:

                              South Branch

Randolph Street
Washington Street
Madison Street
Monroe Street
Adams Street
Jackson Boulevard
Van Buren Street
Congress Street (Eisenhower Expressway)
Harrison Street
Roosevelt Road
Eighteenth Street
Canal Street
South Halsted Street
South Loomis Street

                      West Fork of the South Branch

South Ashland Avenue
South Damen Avenue

                       Chicago River, North Branch

Division Street
Grand Avenue
Chicago Avenue
North Halsted Street
    (2) From December 1 through March 31, the draws of the highway 
bridges across the Chicago River, the North Branch of the Chicago River, 
and the South Branch of the Chicago River shall open on signal if at 
least 12 hours notice is given. However, the bridges need not open 
during those periods of time specified in paragraphs (a)(1)(i), (ii) and 
(iii) of this section.
    (b) For recreational vessels:
    (1) From April 1 through November 30--
    (i) The draws shall be scheduled to open, before 1 p.m., twice on 
Saturdays and twice on Sundays if requests for passage have been 
received at least 20 hours in advance. If the bridges have been 
authorized to remain closed for portions of a Saturday or Sunday to 
accommodate special events, openings shall be scheduled after 1 p.m. as 
necessary to provide two openings per day.
    (ii) The draws shall open on Monday and Friday, after 6:30 p.m. Each 
opening requires notice that has been given at least 6 hours in advance 
of a vessel's requested time of passage.
    (iii) The draws shall open on Wednesdays at 10 a.m., or as soon 
thereafter as practical, if a request for passage has been given at 
least 20 hours in advance.
    (iv) The draws shall open at times in addition to those listed in 
paragraphs (b)(1)(i) through (b)(1)(iii) of this section, after notice 
has been given at least 20 hours in advance requesting passage for a 
flotilla of at least five vessels. However, the bridges need not open 
during those periods of time specified in paragraphs (a)(1) (i), (ii) 
and (iii) of this section.
    (2) From December 1 through March 31, the draws of the highway 
bridges across the Chicago River, the North Branch of the Chicago River, 
and the South Branch of the Chicago River need open on signal only if at 
least 48 hours notice is given. However, the bridges need not open 
during those periods of time specified in (a)(1) (i), (ii) and (iii) of 
this section.
    (3) Paragraph (b) of this section applies to the following listed 
bridges:

                               Main Branch

Lake Shore Drive
Columbus Drive
Michigan Avenue
Wabash Avenue
State Street
Dearborn Street
Clark Street
LaSalle Street
Wells Street
Franklin-Orleans St.

                              South Branch

Lake Street
Randolph Street
Washington Street
Monroe Street
Madison Street
Adams Street
Jackson Boulevard
Van Buren Street
Eisenhower Expressway
Harrison Street
Roosevelt Road
18th Street
Canal Street
South Halsted Street

[[Page 418]]

South Loomis Street
South Ashland Avenue

                              North Branch

Grand Avenue
Ohio Street
Chicago Avenue
N. Halsted St.

    (c) The following bridges need not be opened for the passage of 
vessels: The draws of the North Avenue, Cortland Street, Webster Avenue, 
North Ashland Avenue, Chicago and Northwestern Railroad, and North Damen 
Avenue bridges across the North Branch of the Chicago River, and the 
draws of the N. Halsted St. bridge, the Division St. bridge and the 
Chicago, Milwaukee, St. Paul and Pacific Railroad bridge across the 
North Branch Canal.
    (d) The opening signal for all Chicago River bridges is three short 
blasts or by shouting, except that four short blasts is the opening 
signal for the Chicago and Northwestern railroad bridge near Kinzie 
Street and the Milwaukee Road bridge near North Avenue and five short 
blasts is the opening signal for the Lake Shore bridge when approaching 
from the north.
    (e) The emergency provisions of Sec. 117.31 of this part apply to 
the passage of all vessels and the operation of all bridges on the 
Chicago River.

[CGD09-95-023, 60 FR 52311, Oct. 6, 1995]



Sec. 117.393  Illinois River.

    (a) The draw of the automated Burlington Northern railroad bridge, 
mile 88.8 at Beardstown, Illinois, operates as follows:
    (1) The draw is normally maintained in the fully open position, 
displaying a green light to indicate that vessels may pass.
    (2) When a vessel is approaching and the draw is in the open 
position, contact shall be established by radiotelephone with the remote 
operator to assure that the draw remains open until passage is complete.
    (3) When a vessel is approaching and the draw is in the closed 
position, contact shall be established by radiotelephone with the remote 
operator. If the draw cannot be opened immediately, alternate flashing 
red lights are displayed. If the draw can be opened immediately, 
flashing amber lights are displayed.
    (4) When a train approaches the bridge and the draw is in the open 
position, the operator shall activate alternate flashing red lights on 
top of the draw, sound four short blasts, and scan the river on radar to 
determine whether any vessel is approaching the bridge. The remote 
operator shall also broadcast that the draw is closing. If a vessel or 
vessels are approaching the bridge within one mile, as determined by 
radar scanning, response to radio broadcast, or electronic detector, the 
flashing red lights shall be changed to flashing amber and the operator 
shall keep the draw in the fully open position until the vessel or 
vessels have cleared the bridge. If no vessel is approaching the bridge 
or is beneath the draw, the draw may be lowered and locked in place.
    (5) After the train has cleared the bridge, the draw shall be raised 
to its full height and locked in place, the red flashing lights stopped, 
and the draw lights changed from red to green.
    (b) The draw of the Chicago and Northwestern railroad bridge, Mile 
151.2, at Pekin, Illinois, is operated by a remote operator located at 
the Chicago and Northwestern offices in Chicago, Illinois, as follows:
    (1) The draw is normally maintained in the fully open position, 
displaying green mid-channel lights to indicate that the span is fully 
open.
    (2) The draw is equipped with the following:
    (i) A radiotelephone link direct to the remote operator;
    (ii) A horn for sound signals;
    (iii) Eight high intensity amber warning lights, oriented upstream 
and downstream, with two secured to the uppermost chord and two secured 
to the lowermost chord of the drawspan;
    (iv) A radar antenna on the lower portion of the drawspan capable of 
scanning one mile upstream and one mile downstream; and
    (v) Infrared scanners located on the upstream and downstream ends of 
the channel span piers, to detect vessels or other obstructions under 
the bridge.

[[Page 419]]

    (3) The remote operator shall maintain a radiotelephone watch for 
mariners to establish contact as they approach the bridge to ensure that 
the draw is open or that it remains open until passage is complete.
    (4) When a train approaches the bridge and the draw is in the open 
position, the remote operator initiates a ten minute warning period 
before closing the bridge. During this warning period, the amber lights 
begin flashing and a signal of four short blasts sounds on a horn. The 
four-blast signal will repeat after a five second interval. A 
synthesized-voice message is broadcast over the radiotelephone as 
follows: ``The Chicago and Northwestern railroad bridge at Mile 151.2, 
Illinois River, will close to navigation in ten minutes.'' The 
announcement is repeated every two minutes, counting down the time 
remaining until closure.
    (5) At the end of the ten minute warning period, the remote bridge 
operator scans under the bridge using infrared detectors and the 
upstream and downstream approaches to the bridge using radar to 
determine whether any vessels are under or are approaching the bridge. 
If any vessels are under or are approaching the bridge within one mile 
as determined by infrared or radar scanning or by a radiotelephone 
response, the remote operator shall not close the bridge until the 
vessel or vessels have cleared the bridge.
    (6) If no vessels are under or approaching the bridge, the mid-
channel navigation lights will change from green to red, the horn signal 
of four short blasts will sound, twice, and the radiotelephone message 
will change to: ``The Chicago and Northwestern Railroad Bridge at Mile 
151.2, Illinois River, is closed to navigation.'' The message will 
repeat every two minutes and the amber lights will continue to flash 
until the bridge is fully reopened.
    (7) If the infrared scanners detect a vessel or other obstruction 
under the bridge before the drawspan is fully lowered and locked, the 
closing sequence is stopped, automatically, and the drawspan is raised 
to its fully open position until the channel is clear. When obstruction 
has cleared the navigation span, the remote operator confirms that the 
channel is clear, and reinitiates the ten-minute warning cycle.
    (8) After the train has cleared the bridge, the remote operator 
initiates the lift span raising cycle. When the draw is raised to its 
full height and locked in place, the flashing lights stop and the mid-
channel navigation lights change from red to green. The synthesized 
voice announcement broadcasts at two minute intervals for ten minutes 
that the bridge is reopened to navigation.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD02 93-036, 59 
FR 33677, June 30, 1994]



Sec. 117.395  Illinois Waterway.

    (a) The draws of the McDonough Street Bridge, mile 287.3; Jefferson 
Street bridge, mile 287.9; Cass Street bridge, mile 288.1; Jackson 
Street bridge, mile 288.4; and Ruby Street bridge, mile 288.7; all of 
Joliet, shall open on signal, except that they need not open from 7:30 
a.m. to 8:30 a.m. and from 4:15 p.m. to 5:15 p.m. Monday through 
Saturday.
    (b) The drawspan of the Elgin, Joliet and Eastern Railway bridge, 
mile 290.1 at Lockport, Illinois, is operated by remote operator located 
at the Elgin, Joliet & Eastern offices in Gary, Indiana as follows:
    (1) The drawspan is normally maintained in the fully open to 
navigation position displaying green center span navigation lights to 
indicate that the drawspan is fully open.
    (2) The bridge is equipped with the following:
    (i) A radiotelephone link direct to the remote operator;
    (ii) A radar antenna on top of the drawspan capable of scanning the 
river, one mile upstream and one mile downstream;
    (iii) Infrared boat detectors under the drawspan, to allow the 
remote bridge operator to detect vessels under the drawspan;
    (iv) Electronic motion detectors under the drawspan to allow the 
remote bridge operator to detect vessel movement under the drawspan;
    (v) A siren for sound signals; and
    (vi) Red and green center span navigation lights.

[[Page 420]]

    (3) The remote bridge operator shall maintain a 24 hour VHF marine 
radio watch for mariners to establish contact as they approach the 
bridge to ensure that the drawspan is open or that it remains open until 
passage of river traffic is complete.
    (4) When rail traffic approaches the bridge, and the drawspan is in 
the open position, the remote bridge operator initiates a one minute 
warning period before closing the drawspan. During this warning period, 
the remote operator shall broadcast at least twice, via marine radio, 
that: ``The drawspan of the EJ&E Railroad bridge will be lowered in one 
minute.'' A siren on the bridge sounds for 20 seconds, to warn anyone on 
or under the bridge that the drawspan will be lowered.
    (5) If a vessel is approaching the bridge upbound or, departing the 
Lockport Lock and Dam at mile 291.1, downbound, with intentions of 
passing through the drawspan, they shall respond to the remote bridge 
operators' marine radio broadcast, or initiate radio contact, indicating 
their proximity to the bridge and requesting an opening of the drawspan 
or that the drawspan remain open until the vessel passes. If any 
approaching vessel is detected or if a radiotelephone response is 
received, the remote operator shall not close the drawspan until the 
vessel or vessels have cleared the bridge.
    (6) At the end of the one minute warning period, if no river traffic 
is approaching or under the drawspan, the remote bridge operator may 
begin lowering the drawspan. Navigation lights located at the center of 
the drawspan change from green to red when the drawspan is not in the 
fully open to navigation position. The drawspan takes approximately 90 
seconds to lower.
    (7) If the presence of a vessel or other obstruction is discovered 
approaching or under the drawspan, during the lowering sequence, before 
the drawspan is fully lowered and locked, the drawspan shall be stopped 
and raised to the fully open position. When the vessel or obstruction 
has cleared the drawspan, the remote operator shall confirm that the 
channel is clear and reinitiate the one minute warning cycle before 
lowering the drawspan.
    (8) If no marine traffic is present the drawspan may be lowered and 
seated. When the drawspan is lowered and locked in the closed to 
navigation position, the remote bridge operator periodically broadcasts, 
via marine radio, that: ``The drawspan of the EJ&E Railroad bridge is 
closed to navigation.''
    (9) Failure of the radar system, radio telephone system, infrared 
boat detectors or electronic motion sensors shall prevent lowering the 
drawspan from the remote location.
    (10) when rail traffic has cleared the bridge, the remote bridge 
operator shall raise the drawspan to the fully open to navigation 
position. When the drawspan is raised and in the fully open to 
navigation position, the remote bridge operator broadcasts, at least 
twice, via marine radio, that: ``The drawspan of the EJ&E Railroad 
bridge is open to navigation.'' The center drawspan navigation lights 
change from red to green when the drawspan is fully open to navigation.

[CGD02-95-001, 60 FR 26687, May 18, 1995]



Sec. 117.397  Wabash River.

    The draws of each bridge across the Wabash River shall open on 
signal if at least 72 hours notice is given.

                                 Indiana



Sec. 117.401  Trail Creek.

    The draw of the Amtrak bridge, mile 0.9 at Michigan City, shall open 
on signal from 6:30 a.m. to 2:30 p.m. daily except Sunday from Feburary 
16 through December 14. The draw is not manned at all other times. If 
passage is desired, the Chief Dispatcher, Amtrak at Chicago, shall be 
notified. Collect telephone calls are accepted. The dispatcher shall 
arrange to have the draw open within 20 minutes.



Sec. 117.403  Wabash River.

    See Sec. 117.397, Wabash River, listed under Illinois.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]

[[Page 421]]

                                  Iowa



Sec. 117.407  Missouri River.

    See Sec. 117.411, Missouri River, listed under Kansas.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]

                                 Kansas



Sec. 117.411  Missouri River.

    (a) The draws of the bridges across the Missouri River from the 
mouth to Sioux City, Iowa, shall open on signal; except that, from 
December 16 through the last day of February, the draws shall open on 
signal if at least 24 hours notice is given.
    (b) The lift span of the A-S-B highway and railroad bridge, Mile 
365.6, between Kansas City, Kansas, and Kansas City, Missouri, is 
operated from a remote location. Radiotelephone contact may be 
established with the remotely located bridge/train controller to request 
bridge openings. The bridge is also equipped with a directional 
microphone and horn to receive and deliver signals to vessels not 
equipped with a radiotelephone. Closed circuit TV cameras located at the 
bridge enable the remotely located bridge/train controller to view both 
river traffic and the bridge itself.
    (1) When an approaching vessel requires a bridge opening, contact 
shall be established with the bridge/train controller by radiotelephone 
or appropriate signals prescribed in Sec. 117.15.
    (2) The bridge/train controller will confirm by radiotelephone or 
sound signal that the bridge will open promptly.
    (3) When rail traffic is on bridge, the bridge/train controller will 
inform the vessel that bridge cannot be opened and will also give an 
approximate time of bridge opening via radiotelephone. The bridge/train 
controller will indicate via sound signals that lift span cannot be 
opened if the vessel doesn't have a radiotelephone, or if radiotelephone 
is not used.
    (4) When the bridge is clear of rail traffic, the bridge/train 
controller will advise the waiting vessel by radiotelephone or sound 
signal of the intended opening. The lift span will be raised to its full 
height, and the midchannel bridge lights will change from red to green.
    (5) The bridge/train controller will monitor the vessel's passage 
via closed circuit TV and radiotelephone until it has cleared the 
bridge.
    (6) When the vessel has cleared the draw, midchannel bridge 
navigation lights will change from green to red and the lift span will 
be lowered to the closed-to-navigation position.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD2 84-03, 50 FR 
47391, Nov. 18, 1985]

                                Kentucky



Sec. 117.415  Green River.

    (a) The draw of the Seaboard System railroad bridge, Mile 8.3 at 
Spottsville, shall open on signal when there is 40 feet or less of 
vertical clearance beneath the draw. When vertical clearance is more 
than 40 feet, at least four hours notice shall be given. The owners of, 
or agencies controlling, the bridge shall arrange for ready telephone 
communication with the authorized representative at any time from the 
bridge or its immediate vicinity.
    (b) The draw of the Seaboard System Railroad bridge, Mile 79.6 at 
Small-house, is normally maintained in the fully open position and a 
vessel may pass through the draw without further signals. When the draw 
is in the closed position, it shall open on signal when there is 40 feet 
or less of vertical clearance. When the vertical clearance is more than 
40 feet, at least four hours notice shall be given. During this period, 
if the drawtender is informed at the time the vessel passes through the 
draw that the vessel will return within four hours, the drawtender shall 
remain on duty until the vessel returns but is not required to remain 
for longer than four hours. The owners of, or agencies controlling, the 
bridge shall arrange for ready telephone communication with the 
authorized representative at any time from the bridge or its immediate 
vicinity.
    (c) The bascule span of the Paducah and Louisville Railroad Bridge, 
Mile 94.8 at Rockport, is maintained in the closed position and is 
remotely operated. Bridge clearance in the closed position in 41.3 feet 
at pool stage. Vessels

[[Page 422]]

requiring more clearance for passage must contact the remote bridge 
operator by radio telephone to request opening. The bridge operator will 
confirm by radiotelephone whether the bridge can be opened safely and 
promptly. If rail traffic is on or approaching the bridge, the bridge 
operator will advise the vessel that the bridge cannot be opened, and 
provide an approximate time when the bridge can be opened safely. 
Continuous radio contact between the bridge operator and the vessel 
shall be maintained until the vessel has transited and cleared the 
bridge.

[CGD2 88-01, 53 FR 23621, June 23, 1988, as amended by CGD2-91-04, 56 FR 
16009, Apr. 19, 1991; CGD2-91-07, 57 FR 2841, Jan. 24, 1992]



Sec. 117.417  Ohio River.

    The draw of the Southern Railway railroad bridge, mile 607.4 at New 
Albany, Indiana, need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984]

                                Louisiana



Sec. 117.422  Amite River.

    (a) The draw of the S22 bridge, mile 6.0 at Clio, shall open on 
signal if at least four hours notice is given.
    (b) The draws of the S16 bridge, mile 21.4 near French Settlement, 
and the S42 bridge, mile 32.0 at Port Vincent, shall open on signal if 
at least 48 hours notice is given.

[CGD 82-025, 49 FR 17452, as amended by CGD 08-84-04, 49 FR 48924, Dec. 
17, 1984. Redesignated by CGD8-88-05, 53 FR 27681, July 22, 1988]



Sec. 117.423  Atchafalaya River.

    The draw of the Kansas City Southern Railway bridge, mile 133.1 
(mile 5.0 on N.O.S. Chart) above the mouth of the waterway, at 
Simmesport, shall open on signal if at least three hours advance notice 
is given.

[CGD8-88-05, 53 FR 27681, July 22, 1988]



Sec. 117.424  Belle River.

    The draw of the S70 bridge, mile 23.8 (Landside Route) near Belle 
River, shall open on signal; except that, from 10 p.m. to 6 a.m., the 
draw shall open on signal if at least four hours notice is given. During 
the advance notice period, the draw shall open on less than four hours 
notice for an emergency and shall open on demand should a temporary 
surge in waterway traffic occur.

[CGD 08-84-07, 50 FR 24195, June 10, 1985]



Sec. 117.425  Black Bayou.

    The draws of the Terrebonne Parish Police Jury bridges, miles 7.5, 
15.0, 18.7 and 22.5, between Gibson and Houma, shall open on signal if 
at least 24 hours notice is given. The draw of the US90 bridge, mile 7.0 
near Gibson, need not be opened for the passage of vessels.

[CGD8-87-12, 53 FR 5974, Feb. 29, 1988]



Sec. 117.427  Black River.

    The draw of the US84 bridge, mile 41.0 at Jonesville, shall open on 
signal if at least one hour notice is given.



Sec. 117.429  Boeuf Bayou.

    The draw of the S307 bridge, mile 1.3 at Kraemer, shall open on 
signal; except that, from 9 p.m. to 5 a.m., the draw shall open on 
signal if at least 12 hours notice is given.



Sec. 117.431  Boeuf River.

    The draw of the S4 bridge, mile 32.3 near Mason, shall open on 
signal if at least 48 hours notice is given.



Sec. 117.433  Bonfouca Bayou.

    The draw of the S433 bridge, mile 7.0, at Slidell, shall operate as 
follows:
    (a) The draw need not open for passage of vessels from 7 a.m. to 8 
a.m. and from 1:45 p.m. to 2:45 p.m., Monday through Friday except 
Federal Holidays.
    (b) The draw need open only on the hour and half-hour from 6 a.m. to 
7 a.m. and from 3 p.m. to 6 p.m., Monday through Friday except Federal 
holidays.
    (c) The draw shall open a signal from 9 p.m. to 5 am., if at least 4 
hours notice is given to the Louisiana Department of Transportation and 
Development Security Service at (504) 375-0100.
    (d) At all other times the draw shall open on signal.

[CGD8-95-026, 62 FR 14635, Mar. 27, 1997]

[[Page 423]]



Sec. 117.435  Caddo Lake.

    The draw of the Kansas City Southern railroad bridge, mile 26.4 near 
Mooringsport, shall open on signal if at least 24 hours notice is given.



Sec. 117.436  Carlin Bayou.

    The draw of the S14 bridge, mile 6.4 at Delcambre, shall open on 
signal; except that, from 9 p.m. to 5 a.m. the draw shall open on signal 
if at least four hours notice is given. The draw shall open on less than 
four hours notice for an emergency and shall open on demand should a 
temporary surge in waterway traffic occur.

[CGD8-88-19, 54 FR 16107, Apr. 21, 1989]



Sec. 117.437  Colyell Bayou.

    The removable span of the Louisiana highway bridge, mile 1.0 near 
Port Vincent, shall be removed for the passage of vessels if at least 48 
hours notice is given.



Sec. 117.438  Company Canal.

    (a) The draw of the S1 bridge, mile 0.4 at Lockport, shall open on 
signal; except that, from 6 p.m. to 10 a.m. the draw shall open on 
signal if at least four hours notice is given. During the advance notice 
period, the draw shall open on less than four hours notice for an 
emergency and shall open on demand should a temporary surge in waterway 
traffic occur.
    (b) The draw of the S24 bridge, mile 8.1 at Bourg, shall open on 
signal; except that, from 10 p.m. to 6 a.m. the draw shall open on 
signal if at least four hours notice is given. During the advance notice 
period, the draw shall open on less than four hours notice for an 
emergency and shall open on demand should a temporary surge in waterway 
traffic occur.

[CGD 08-84-12, 50 FR 23306, June 3, 1985. Redesignated and amended by 
CGD8-85-10, 50 FR 38001, Sept. 19, 1985]



Sec. 117.439  Des Allemands Bayou.

    (a) The draw of the S631 bridge, mile 13.9 at Des Allemands, shall 
open on signal if at least four hours notice is given.
    (b) The draw of the Southern Pacific Railroad bridge, mile 14.0, 
shall open on signal Monday through Friday from 7 a.m to 3 p.m. At all 
other times the draw shall open on signal if at least 4 hours notice is 
given.

[CGD08-93-028, 59 FR 14757, Mar. 30, 1994]



Sec. 117.441  D'Inde Bayou.

    The draw of the Southern Pacific railroad bridge, mile 4.3, shall 
open on signal if at least 72 hours notice is given to the Defense Plant 
Corporation, Cities Service Refining Corporation Agent.



Sec. 117.443  Du Large Bayou.

    The draw of the Terrebonne Parish bridge, mile 23.2, near Theriot, 
shall open on signal; except that, from 9 p.m. to 5 a.m., the draw shall 
open on signal if at least 12 hours notice is given.

[CGD 08-84-07, 50 FR 24195, June 10, 1985]



Sec. 117.444  Falgout Canal.

    The draw of the LA 315 bridge across Falgout Canal, mile 3.1, shall 
open on signal; except that from 15 August to 5 June, the draw need not 
be opened from 7 a.m. to 8 a.m. and from 3 p.m. to 4 p.m., Monday 
through Friday except holidays. The draw shall open on signal at any 
time for an emergency aboard a vessel.

[CGD8-91-11, 56 FR 43872, Sept. 5, 1991]



Sec. 117.445  Franklin Canal.

    The draw of the Chatsworth bridge, mile 4.8 at Franklin, shall open 
on signal from 5 a.m. to 9 p.m. From October 1 through January 31 from 9 
p.m. to 5 a.m., the draw shall be opened on signal if at least three 
hours notice is given. From February 1 through September 30 from 9 p.m. 
to 5 a.m., the draw shall open on signal if at least 12 hours notice is 
given.



Sec. 117.447  Grand Cabahanosse Bayou.

    The draw of the S70 bridge, mile 7.6 near Paincourtville, shall open 
on signal if at least 24 hours is given.



Sec. 117.449  Grosse Tete Bayou.

    (a) The draw of the Texas and Pacific railroad bridge, mile 14.7 at 
Grosse Tete, need not be opened for the passage of vessels.
    (b) The removable span of the S377 bridge, mile 15.3 near Rosedale, 
shall be

[[Page 424]]

removed for the passage of vessels if at least 48 hours notice is given.



Sec. 117.451  Gulf Intracoastal Waterway.

    (a) The draw of the Lapalco Boulevard Bridge, Harvey Canal Route, 
mile 2.8 at Harvey, shall open on signal; except that, from 6:30 a.m. to 
8:30 a.m. and from 3:45 p.m. to 5:45 p.m. Monday through Friday except 
holidays, the draw need not be opened for the passage of vessels.
    (b) The draw of the S23 bridge, Algiers Alternate Route, mile 3.8 at 
Belle Chasse, shall open on signal; except that, from 6 a.m. to 8:30 
a.m. and from 3:30 p.m. to 5:30 p.m. Monday through Friday except 
Federal holidays, the draw need not be opened for the passage of 
vessels.
    (c) The draw of the Bayou Dularge bridge, mile 59.9, at Houma, shall 
open on signal; except that, the draw need not be opened for the passage 
of vessels through Friday except holidays from 6:45 a.m. to 8:30 a.m. 
and from 4:30 p.m. to 6 p.m.
    (d) The draw of the SR319 (Louisa) bridge across the Gulf 
Intracoastal Waterway, mile 134.0 near Cypremort, shall open on signal; 
except that from 15 August to 5 June, the draw need not be opened from 
6:55 to 7:10 a.m. and from 3:50 to 4:05 p.m. Monday through Friday 
except holidays.
    (e) The draw of the Louisiana highway bridge, mile 243.8 west of 
Harvey Canal Locks, shall open on signal when more than 50 feet vertical 
clearance is required, if at least four hours notice is given to the 
Louisiana Department of Highways, District Maintenance Engineer, at Lake 
Charles.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984, as 
amended by CGD 8-87-14, 53 FR 12417, Apr. 14, 1988; CGD8-90-08, 55 FR 
33691, Aug. 17, 1990; CGD8-92-27, 58 FR 12540, Mar. 5, 1993; CGD8-97-
001, 62 FR 9370, Mar. 3, 1997]



Sec. 117.453  Houma Canal.

    The draw of the S3197 bridge, mile 1.7 at Houma, shall open on 
signal if at least four hours notice is given.

[CGD 08-84-06, 50 FR 1850, Jan. 14, 1985]



Sec. 117.455  Houma Navigation Canal.

    The draw of the bridge across the Houma Navigation Canal at S661, 
mile 36.0 at Houma, shall open on signal, except that the draw need not 
be opened for the passage of vessels Monday through Friday except 
holidays from 7 a.m. to 8:30 a.m. and 4:30 p.m. to 6 p.m.



Sec. 117.457  Houston River.

    The draw of the Kansas City Southern Railroad bridge, mile 5.2 near 
Lake Charles, shall open on signal if at least 24 hours notice is given.



Sec. 117.458  Inner Harbor Navigation Canal, New Orleans.

    (a) The draw of the US90 (Danziger) bridge, mile 3.1, shall open on 
signal; except that, from 8 p.m. to 7 a.m. the draw shall open on signal 
if at least four hours notice is given, and the draw need not be opened 
from 7 a.m. to 8:30 a.m. and 5 p.m. to 6:30 p.m. Monday through Friday.
    (b) The draw of the Leon C. Simon Blvd. (Seabrook) bridge, mile 4.6, 
shall open on signal; except that, from 7 a.m. to 8:30 a.m. and 5 p.m. 
to 6:30 p.m. Monday through Friday, the draw need not be opened.

[CGD8-89-05, 54 FR 36305, Sept. 1, 1989]

    Effective Date Note: At 62 FR 17072, Apr. 9, 1997, Sec. 117.458(b) 
was suspended, effective Apr. 14, 1997, through Aug. 15, 1997.



Sec. 117.459  Kelso Bayou.

    The draw of the S27 bridge, mile 0.7 at Hackberry, shall open on 
signal; except that, during the non-shrimping season of 22 December to a 
date around 25 May, as set by the state yearly, the draw shall open on 
signal if at least four hours notice is given.

[CGD 85-040, 50 FR 19527, May 9, 1985]



Sec. 117.460  La Carpe Bayou.

    The draw of the S661 bridge, mile 7.5, shall open on signal if at 
least four hours advance notice is given; except that, the draw need not 
be opened for the passage of vessels Monday through Friday except 
holidays from 7 a.m. to 8:30 a.m. and 4:30 p.m. to 6 p.m.

[CGD8-90-05, 55 FR 33289, Aug. 15, 1990]



Sec. 117.461  Lacassine Bayou.

    The draws of the S14 bridge, mile 17.0, and the Southern Pacific 
railroad bridge, mile 20.4, both near Hayes, shall

[[Page 425]]

open on signal if at least 24 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984]



Sec. 117.463  Lacombe Bayou.

    The draw of the US190 bridge, mile 6.8 at Lacombe, shall open on 
signal if at least 48 hours notice is given.



Sec. 117.465  Lafourche Bayou.

    (a) The draws of the SR1 bridge, mile 30.6 and the SR1 bridge, mile 
33.9, both near Cutoff, shall open on signal; except that, from 2 p.m. 
to 3 p.m. and from 4:30 p.m. to 5:30 p.m. Monday through Friday except 
Federal holidays, the draws need not be opened for the passage of 
vessels.
    (b) The draws of the S3220 bridge, mile 49.2 near Lockport, and the 
S655 bridge, mile 50.8 at Lockport, shall open on signal; except that, 
from 6 p.m. to 10 a.m. the draws shall open on signal if at least four 
hours notice is given. During the advance notice period, the draws shall 
open on less than four hours notice for an emergency and shall open on 
demand should a temporary surge in waterway traffic occur.
    (c) The draw of the S364 bridge, mile 54.2 at Mathews, shall open on 
signal if at least four hours notice is given. During the advance notice 
period, the draw shall open on less than four hours notice for an 
emergency and shall open on demand should a temporary surge in waterway 
traffic occur.
    (d) The draws of the S3199 bridge, mile 58.2, and the Lafourche 
Parish bridge, mile 58.7, both at Raceland, shall open on signal if at 
least six hours notice is given.
    (e) The draws of the S649 bridge, mile 66.1, and the new S649 
bridge, mile 66.6, shall open on signal if at least forty-eight hours 
notice is given.
    (f) The draws of the Southern Pacific railroad bridge, mile 69.0 at 
Lafourche, and all bridges upstream of the Southern Pacific railroad 
bridge need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 08-04-12, 50 
FR 23305, June 3, 1985; CGD8-85-17, 51 FR 2395, Jan. 16, 1986; CGD8-90-
12, 55 FR 29576, July 20, 1990; CGD8-92-28, 58 FR 11193, Feb. 24, 1993; 
CGD08-94-032, 60 FR 43374, Aug. 21, 1995]



Sec. 117.467  Lake Pontchartrain.

    (a) The south draw of the S11 bridge near New Orleans shall open on 
signal if at least 48 hours notice is given. In case of emergency, the 
draw shall open within 12 hours and shall be kept in condition for 
immediate operation until the emergency is over.
    (b) The draws of the Greater New Orleans Expressway Commission 
causeway, north bascule spans, shall open on signal if at least three 
hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD8-90-02, 55 FR 
13522, Apr. 11, 1990]



Sec. 117.469  Liberty Bayou.

    The draw of the S433 bridge, mile 2.0 at Slidell, shall open on 
signal; except that, from 9 p.m. to 5 a.m., the draw shall open on 
signal if at least 12 hours notice is given.



Sec. 117.471  Little Black Bayou.

    The draw of the Southern Pacific railroad bridge, mile 1.3 at 
Southdown, need not be opened for the passage of vessels.



Sec. 117.473  Little River.

    The draw of the Louisiana and Arkansas railroad bridge, mile 12.1 at 
Archie, shall open on signal if at least 12 hours notice is given.



Sec. 117.475  Little (Petit) Caillou Bayou.

    (a) The draws of the S58 bridge, mile 25.7 at Sarah, and the 
Terrebonne Parish (Smithridge) bridge, mile 26.6 near Montegut, shall 
open on signal; except that, from 9 p.m. to 5 a.m., the draws shall open 
on signal if at least 12 hours notice is given.
    (b) The draws of the Terrebonne Parish (DuPlantis) bridge, mile 29.9 
near Bourg, and the S24 bridge, mile 33.7 at Presquille, shall open on 
signal if at least four hours notice is given. The draws shall open on 
less than four hours notice for an emergency, and shall open on signal 
should a temporary surge in waterway traffic occur.

[CGD8-86-02, 51 FR 31113, Sept. 2, 1986]



Sec. 117.477  Lower Atchafalaya River.

    The draw of the St. Mary Parish bridge, mile 26.8 at Patterson, 
shall

[[Page 426]]

open on signal from 5 a.m. to 9 p.m. From October 1 through January 31 
from 9 p.m. to 5 a.m., the draw shall open on signal if at least three 
hours notice is given. From February 1 through September 30 from 9 p.m. 
to 5 a.m., the draw shall open on signal if at least 12 hours notice is 
given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37381, Sept. 24, 1984]



Sec. 117.478  Lower Grand River.

    (a) The draw of the LA 75 bridge, mile 38.4 (Alternate Route) at 
Bayou Sorrel, shall open on signal; except that, from about August 15 to 
about June 5 (the school year), the draw need not be opened from 6 a.m. 
to 7:30 a.m. and from 3 p.m. to 4:30 p.m., Monday through Friday except 
holidays. The draw shall open on signal at any time for an emergency 
aboard a vessel.
    (b) The draw of the LA 77 bridge, mile 47.0 (Alternate Route) at 
Grosse Tete, shall open on signal; except that, from about August 15 to 
about June 5 (the school year), the draw need not be opened from 6 a.m. 
to 8 a.m. and from 2:30 p.m. to 4:30 p.m., Monday through Friday except 
Federal holidays. The draw shall open on signal at any time for an 
emergency aboard a vessel.
    (c) The draw of the S997 bridge, mile 41.5 (Landside Route) at 
Pigeon, shall open on signal; except that, from 10 p.m. to 6 a.m., the 
draw shall open on signal if at least four hours notice is given. During 
the advanced notice period, the draw shall open on less than four hours 
notice for an emergency and shall open on demand should a temporary 
surge in waterway traffic occur.

[CGD8-92-16, 57 FR 57962, Dec. 8, 1992, as amended by CGD08-93-024, 59 
FR 14756, Mar. 30, 1994; CGD08-96-003, 61 FR 49064, Sept. 18, 1996]



Sec. 117.479  Macon Bayou.

    The draw of the S4 bridge, mile 44.8 near Winnsboro, shall open on 
signal if at least 24 hours notice is given.



Sec. 117.480  Mermentau River.

    The draw of the S82 bridge, mile 7.1 at Grand Chenier, shall open on 
signal; except that, from 6 p.m. to 6 a.m. the draw shall open on signal 
if at least 4 hours notice is given. During the advance notice period, 
the draw will open on less than 4 hours notice for an emergency and will 
open on demand should a temporary surge in waterway traffic occur.

[CGD8-94-027, 60 FR 14221, Mar. 16, 1995]



Sec. 117.481  Milhomme Bayou.

    The draw of the St. Martin Parish bridge, mile 12.0 (Landside Route) 
at Stephensville, shall open on signal; except that, from 10 p.m. to 6 
a.m. the draw shall open on signal if at least two hours notice is 
given. During the advance notice period, the draw shall open on less 
than two hours notice for an emergency and shall open on demand should a 
temporary surge in waterway traffic occur.

[CGD8-86-04, 51 FR 36224, Oct. 9, 1986]



Sec. 117.482  Nezpique Bayou.

    The draw of the S97 bridge, mile 7.0 near Jennings, shall open on 
signal if at least 48 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984. Redesignated by CGD8-86-04, 51 
FR 36224, Oct. 9, 1986]



Sec. 117.483  Ouachita River.

    The draws of the S8 bridge, mile 57.5 at Harrisonburg, and the US165 
bridge, mile 110.1 at Columbia, shall open on signal if at least one 
hours notice is given.



Sec. 117.484  Pass Manchac.

    The draw of the Illinois Central Railroad automated bridge, mile 
6.7, at Manchac, operates as follows:
    (a) The draw is not constantly manned and the bridge will normally 
be maintained in the open position, providing 56 feet vertical clearance 
above mean high tide to the raised tip of the bascule span for one-half 
the channel, and unlimited vertical clearance for the other half.
    (b) Railroad track circuits will detect an approaching train and 
initiate bridge closing warning broadcasts over marine radio and over 
the Public Address (PA) system six (6) minutes in advance of the train's 
arrival. Navigation channel warning lights will be lit, and 
photoelectric (infrared) boat detectors will monitor the waterway 
beneath the bridge for the presence of vessels. The

[[Page 427]]

waterway approaches to the bridge will be monitored by closed circuit TV 
(CCTV) cameras.
    (c) Activation of the warning broadcasts also activates a marine 
radio monitor in the Mays Yard (New Orleans switch yard). The yardmaster 
will continuously monitor marine radio broadcasts on the normal and 
emergency marine radio channels throughout the warning period and at all 
times the bridge is closed. The yardmaster will communicate with 
waterway users via the marine radio, if necessary.
    (d) At the end of warning period, if no vessels have been detected 
by the boat detectors, and no interruptions have been performed by the 
yardmaster based on his monitoring of the marine radio and the CCTV, the 
bridge lowering sequence will automatically proceed.
    (e) Upon passage of the train, the bridge will automatically open. 
Railroad track circuits will initiate the automatic bridge opening and 
closing sequences. (Estimated duration that the bridge will remain 
closed for passage of rail traffic is 10 to 12 minutes.) The bridge will 
also be manually operable from two locked trackside control locations 
(key releases) on the approach spans, one on each side of the movable 
span.
    (f) The yardmaster will be provided with a remote EMERGENCY STOP 
button which, if pressed, will stop the bridge operation, interrupt the 
lowering sequence, and immediately return the bridge to the open 
position. The yardmaster will utilize this control feature in the event 
a vessel operator issues an urgent radio call to keep the waterway open 
for immediate passage of the vessel.

[CGD08-93-023, 59 FR 14755, Mar. 30, 1994; 59 FR 23158, May 5, 1994]



Sec. 117.485  Patout Bayou.

    The draw of the S83 bridge, mile 0.4 near Weeks, shall open on 
signal if at least four hours notice is given.

[CGD 08-84-05, 50 FR 1213, Jan. 10, 1985]



Sec. 117.486  Pierre Pass.

    The draw of the S70 bridge, mile 1.0 at Pierre Part, shall open on 
signal; except that, from 10 p.m. to 6 a.m., the draw shall open on 
signal if at least four hours notice is given. During the advance notice 
period, the draw shall open on less than four hours notice for an 
emergency and shall open on demand should a temporary surge in waterway 
traffic occur.

[CGD 08-84-07, 50 FR 24195, June 10, 1985]



Sec. 117.487  Plaquemine Bayou.

    (a) The draw of the S3066 (Spur) bridge, mile 6.5 at Indian Village, 
shall open on signal if at least four hours notice is given.
    (b) The draws of the Texas and Pacific railroad bridge, mile 10.5 at 
Plaquemine, and the S1 bridge, mile 10.5 at Plaquemine, need not be 
opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 08-84-01; 49 
FR 28405, July 12, 1984]



Sec. 117.488  Pearl River.

    (a) The draw of the railroad bridge, mile 1.0 near English Lookout, 
shall open on signal; except that, from 9 p.m. to 5 a.m. the draw shall 
open on signal if at least four hours notice is given.
    (b) The draw of the US 90 highway bridge, mile 8.8 near Pearlington, 
shall open on signal; except that, from 7 p.m. to 7 a.m. the draw shall 
open on signal if at least four hours notice is given.

[CGD8-92-09, 57 FR 34868, Aug. 7, 1992]



Sec. 117.489  Plaquemine Brule Bayou.

    (a) The draw of the Southern Pacific railroad bridge, mile 5.1 near 
Midland, shall open on signal if at least 24 hours notice is given.
    (b) The draw of the S91 bridge, mile 8.0 at Estherwood, shall open 
on signal from 5 a.m. to 9 p.m. if at least four hours notice is given. 
From 9 p.m. to 5 a.m., the draw shall open on signal if at least 12 
hours notice is given.



Sec. 117.491  Red River.

    (a) The draws of the following bridges shall be opened on signal if 
at least eight hours notice is given:

    (1) S107 bridge, mile 59.5, at Moncla
    (2) Union Pacific Railroad bridge, mile 90.1, at Alexandria
    (3) S8 bridge, mile 105.8, at Boyce


[[Page 428]]


    (b) The draw of the US 165 (Jackson St.) bridge, mile 88.6, at 
Alexandria, shall open on signal if at least eight hours notice is 
given; except that, from 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m. the 
draw need not be opened Monday through Friday except holidays.
    (c) The draws of the bridges above mile 105.8 through mile 234.4 
shall open on signal if at least 48 hours notice is given.
    (d) The draws of the bridges above mile 234.4 to mile 276 need not 
be opened for passage of vessels.
    (e) When a vessel which has given notice fails to arrive at the time 
specified in the notice, the drawtender shall remain on duty for up to 
two additional hours to open the draw if that vessel appears. After that 
time, a new notice of the appropriate length of time is required.

[CGD08-94-026, 60 FR 7123, Feb. 7, 1995, as amended by CGD08-95-024, 61 
FR 4886, Feb. 9, 1996; CGD08-96-025, 61 FR 39873, July 31, 1996]



Sec. 117.493  Sabine River.

    (a) The draw of the Southern Pacific railroad bridge, mile 19.3 near 
Echo shall open on signal if at least 24 hours notice is given.
    (b) The Kansas City Southern railroad bridge, mile 36.2 near Ruliff 
and the draw of the S12 bridge, mile 40.8 at Starks, need not be opened 
for passage of vessels.

[CGD08-95-017, 61 FR 4887, Feb. 9, 1996]



Sec. 117.494  Schooner Bayou Canal.

    The draw of the S82 bridge, mile 4.0 from White Lake at Little 
Prairie Ridge, shall open on signal; except that, from 10 p.m. to 6 a.m. 
the draw shall open on signal if at least four hours notice is given. 
The draw shall open on less than four hours notice for an emergency and 
shall open on signal should a temporary surge in waterway traffic occur.

[CGD 8-85-11, 50 FR 37175, Sept. 12, 1985]



Sec. 117.495  Superior Oil Canal.

    The draw of the S82 bridge, mile 6.3, in Cameron Parish shall open 
on signal if at least 8 hours notice is given. Public vessels of the 
United States and vessels in distress shall be passed as soon as 
possible.

[CGD08-94-029, 60 FR 4561, Jan. 24, 1995]



Sec. 117.497  Stumpy Bayou.

    The removable span of the Louisiana highway bridge, mile 1.0 near 
Weeks Island, shall be removed for the passage of vessels if at least 
six days notice is given.



Sec. 117.499  Tante Phine Pass.

    The draw of the Tidewater Associated Oil Company bridge, mile 7.6 
near Venice, shall open on signal if at least 24 hours notice is given.



Sec. 117.500  Tchefuncta River.

    The draw of the SR 22 bridge, mile 2.5 at Madisonville, shall open 
on signal; except that, from 5 a.m. to 8 p.m., the draw need open only 
on the hour and half-hour. The draw shall open on signal at any time for 
a vessel in distress or for an emergency aboard a vessel.

[CGD8-88-15, 53 FR 46871, Nov. 21, 1988]



Sec. 117.501  Teche Bayou.

    (a) The draws of the following bridges shall open on signal if at 
least four hours notice is given:
    (1) St. Mary Parish bridge, mile 3.9 at Calumet.
    (2) St. Mary Parish bridge, mile 11.8 at Centerville.
    (3) S3069 bridge, mile 16.3 at Franklin.
    (4) S322 bridge, mile 17.2 at Franklin.
    (5) S323 bridge, mile 22.3 at Oaklawn.
    (6) St. Mary Parish bridge, mile 27.0 at Baldwin.
    (7) S324 bridge, mile 32.5 at Charenton.
    (8) S670 bridge, mile 37.0 at Adeline.
    (9) St. Mary Parish bridge, mile 38.9 at Sorrel.
    (10) S671 bridge, mile 41.8 at Jeanerette.
    (11) S3182 bridge, mile 43.5 at Jeanerette.
    (12) LSU Agri bridge, mile 46.5 near Jeanerette (notice required for 
opening from 7 a.m. to 5 p.m., Monday through Friday except holidays).
    (13) S320 bridge, mile 48.7 at Olivier.
    (14) S3195 bridge, mile 50.4 at New Iberia.

[[Page 429]]

    (15) S87 Spur bridge, mile 52.5 at New Iberia.
    (16) S86 bridge, mile 53.0 at New Iberia.
    (17) S3156 bridge, mile 53.3 at New Iberia.
    (18) S44 bridge, mile 56.7 at Morbihan.
    (19) Iberia Parish bridge, mile 58.0 at New Iberia.
    (20) Iberia Parish bridge, mile 60.7 at Vida.
    (21) S344 bridge, mile 62.5 at Loreauville.
    (22) S86 bridge, mile 69.0 at Daspit.
    (23) S92 bridge, mile 73.3 at St. Martinville.
    (b) The draws of the S96 bridge, mile 75.2 at St. Martinville, the 
Southern Pacific Transportation Company railroad/vehicular bridge, mile 
77.7 at Levert, and the S350 bridge, mile 82.0 at Parks, shall open on 
signal if at least 24 hours notice is given.
    (c) The draws of the S31 bridge, mile 90.5, at Breaux Bridge, and 
the Southern Pacific railroad bridge, mile 91.0 at Breaux Bridge, shall 
open on signal if at least 48 hours notice is given.
    (d) The draws of the bridges listed in paragraph (a) of this section 
shall open on less than four hours notice for an emergency during the 
advance notice period, and shall open on signal should a temporary surge 
in waterway traffic occur.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 08-83-04, 49 
FR 35936, Sept. 13, 1984; CGD 8-85-16, 50 FR 50164, Dec. 9, 1985; CGD8-
86-09, 52 FR 3225, Feb. 3, 1987; CGD8-89-12, 54 FR 53056, Dec. 27, 1989; 
CGD08-93-015, 58 FR 43264, Aug. 16, 1993]



Sec. 117.503  Tensas River.

    (a) The draw of the Missouri Pacific railroad bridge, mile 27.2 at 
Clayton, shall open on signal from May 1 through December 31 during 
normal river stages if at least 12 hours notice is given to the 
Dispatcher, Missouri Pacific Railroad, Little Rock, Arkansas. During 
high-water periods, the District Commander may require that the bridge 
be constantly tended and the draw opened on signal.
    (b) The draws of the S15 bridge, mile 27.3 at Clayton, and the S128 
bridge, mile 61.0 at New Light, shall open on signal if at least 48 
hours notice is given.



Sec. 117.505  Terrebonne Bayou.

    (a) The draw of the S58 bridge, mile 22.2 at Montegut, and the draw 
of the S55 bridge, mile 27.3 at Klondyke, shall open on signal; except 
that from 9 p.m. to 5 a.m. the draws shall open on signal if at least 
four hours notice is given.
    (b) The draw of the S24 bridge, mile 31.3 at Presquille, need not be 
opened for the passage of vessels.
    (c) The draw of the S3087 bridge, mile 33.9 at Houma, shall open on 
signal; except that, from 5 p.m. to 9 a.m. the draw shall open on signal 
if at least four hours notice is given.
    (d) The draw of the Daigleville bridge, mile 35.5 at Houma, shall 
open on signal; except that, the draw need not open for passage of 
vessels Monday through Friday except holidays from 7 a.m. to 8:30 a.m. 
and 4:30 p.m. to 6 p.m. From 10 p.m. to 6 a.m. the draw shall open on 
signal if at least four hours notice is given.
    (e) During advance notice periods, the draws of the bridges listed 
in this section shall open on less than four hours notice for an 
emergency and shall open on signal should a temporary surge in waterway 
traffic occur.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 08-84-09, 50 
FR 7586, Feb. 25, 1985; CGD8-89-02, 54 FR 27642, June 30, 1989; CGD8-89-
02, 54 FR 34769, Aug. 22, 1989; CGD8-93-03, 58 FR 29973, May 25, 1993]



Sec. 117.506  Tickfaw River.

    The draw of the S22 bridge, mile 7.2 at Killian, need open only on 
the hour and half-hour from 7 a.m. to 11 p.m. From 11 p.m. to 7 a.m. the 
draw shall open on signal if at least four hours notice is given. The 
draw shall open on signal for an emergency or if a temporary surge in 
waterway traffic should occur.

[CGD8-90-29, 56 FR 16010, Apr. 19, 1991]



Sec. 117.507  Tigre Bayou.

    The draw of the S330 bridge, mile 2.3 near Delcambre, shall open on 
signal if at least four hours notice is given. The draw shall open on 
less than four hours notice for an emergency and shall open on signal 
should a temporary surge in waterway traffic occur.

[CGD 8-85-08, 50 FR 52774, Dec. 26, 1985]

[[Page 430]]



Sec. 117.509  Vermilion River.

    (a) The draw of the S82 bridge, mile 22.4 at Perry, shall open on 
signal; except that, from 9 p.m. to 5 a.m. the draw shall open on signal 
if at least four hours notice is given.
    (b) The draws of the following bridges shall open on signal; except 
that, from 6 p.m. to 10 a.m. the draws shall open on signal if at least 
four hours notice is given:
    (1) S14 bridge, mile 25.4 at Abbeville.
    (2) S14 Bypass bridge, mile 26.0 at Abbeville.
    (3) Vermilion Parish bridge, mile 34.2 near Milton.
    (4) S92 bridge, mile 37.6 at Milton.
    (c) The draws of the following bridge shall open on signal if at 
least four hours notice is given:
    (1) S733, mile 41.0 at Eloi Broussard.
    (2) S3073 bridge, mile 44.9 at New Flanders.
    (3) S182 bridge, mile 49.0 at Lafayette.
    (d) During the advance notice periods, the draws of the bridges 
listed in this section shall open on less than four hours notice for an 
emergency and shall open on signal should a temporary surge in waterway 
traffic occur.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 08-83-05, 49 
FR 31868, Aug. 9, 1984; CGD 8-85-13, 50 FR 40832, Oct. 7, 1985]



Sec. 117.511  West Pearl River.

    (a) The draw of the Southern Railway bridge, mile 22.1 at Pearl 
River Station, shall open on signal if at least six hours notice is 
given.
    (b) The draw of the US 90 bridge, mile 7.9 near Pearlington, shall 
open on signal if at least four hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 08-84-03, 49 
FR 47231, Dec. 3, 1984]

                                  Maine



Sec. 117.521  Back Cove.

    The draw of the Canadian National railroad bridge, mile 0.2 at 
Portland, need not be opened for the passage of vessels. The draw shall 
be returned to operable condition within six months after notification 
from the District Commander to do so.



Sec. 117.523  Back River.

    The draw of the Maine Department of Transportation highway bridge, 
mile 4.6 between Hodgdon and Barters Island at Boothbay, shall open on 
signal from June 1 through October 31; except that, from 5 p.m. to 8 
a.m., the draw shall be opened on signal if notice was given to the 
drawtender from 8 a.m. to 5 p.m. From November 1 through May 31 the draw 
shall open on signal if at least 24 hours notice is given to the 
drawtender or to the Maine Department of Transportation at Augusta.



Sec. 117.524  Fore River.

    (a) The owners of the I-295 bridge, mile 3.4 between Portland and 
South Portland, shall provide and keep in good legible condition two 
board gages painted white with black figures not less than six inches 
high to indicate the vertical clearance under the closed draw at all 
stages of the tide. The gages shall be placed on the bridge so that they 
are plainly visible to the operator of a vessel approaching the bridge 
either up or downstream.
    (b) Operators of vessels which can pass under the bridge with a 
vertical safety margin of two feet or more above the vessel shall not 
signal for the opening of the draw. In case the operator gives the 
prescribed signal and the drawtender is uncertain as to whether the 
vessel can safely pass, the drawtender shall open the draw. If the 
drawtender finds that there would have been a safety margin of two feet 
or more above the vessel had the draw remained closed, the matter shall 
be reported immediately to the District Commander, giving the name of 
the vessel, the time of opening the draw, the vertical clearance under 
the bridge as indicated by the gage at the time of opening the draw, and 
the approximate vertical clearance required by the vessel.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended at 49 FR 43460, Oct. 
29, 1984]



Sec. 117.525  Kennebec River.

    (a) The draw of the Carlton (US 1) highway-railroad bridge, mile 
14.0 between Bath and Woolwich shall open as follows:

[[Page 431]]

    (1) On signal as soon as possible at all times for vessels owned or 
operated by the United States Government, State and local vessels used 
for public safety, vessels in distress, and inbound loaded commercial 
fishing vessels.
    (2) Except for vessels noted in paragraph (a)(1) of this section, 
the draw need not open from 6 a.m. to 7:30 a.m. and from 3:15 p.m. to 
5:30 p.m. Monday to Friday, excluding holidays.
    (3) Trains and locomotives shall be controlled so that any delay in 
opening the draw shall not exceed ten minutes. However, if a train 
moving toward the bridge has crossed the home signal for the bridge 
before the signal requesting opening of the bridge is given, that train 
may continue across the bridge and must clear the bridge interlocks 
before stopping.
    (4) From June 1 through September 30:
    (i) On signal at all times for commercial vessels except as noted in 
paragraph (a)(2) of this section;
    (ii) For recreational vessels on signal except that from 6 a.m. to 6 
p.m. need open only at 10 a.m. and 2 p.m., except as noted in paragraph 
(a)(1) of this section.
    (5) From April 15 through May 30, and October 1, through November 
15, open on signal:
    (i) From 3 a.m. to 7 p.m., except as noted in paragraph (a)(2) of 
this section;
    (ii) From 7 p.m. to 3 a.m. if four hours notice is given, except as 
noted in paragraph (a)(1) of this section.
    (6) From February 15 through April 14 and November 16 through 
December 15 at all times on signal, except as noted in paragraphs (a)(1) 
and (a)(2) of this section, if at least four hours notice is given.
    (7) From December 16 through February 14 open on signal, except as 
noted in paragraphs (a)(1) and (a)(2) of this section, if 24 hours 
notice is given.
    (b) The owners of Carlton (US 1) bridge shall provide and keep in 
good legible condition clearance gauges for the draw and the designated 
navigable fixed span with figures not less than 18 inches high designed, 
installed and maintained according to the provisions of Sec. 118.160 of 
this chapter.

[CGD1-89-077, 55 FR 11182, Mar. 27, 1990 as amended by CGD1 92-002, 57 
FR 24190, June 8, 1992]



Sec. 117.527  Kennebunk River.

    The draw of the Maine Dock Square highway bridge, mile 1.0 between 
Kennebunk and Kennebunkport, shall open on signal from April 15 through 
October 15; except that, from 5 p.m. to 7 a.m., the draw shall open on 
signal if notice is given to the drawtender from 7 a.m. to 5 p.m. At all 
other times, the draw shall open on signal if at least 24 hours notice 
is given to the Maine Department of Transportation, Division Office at 
Scarborough.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec. 117.529  Narraguagus River.

    The draw of the highway bridge, mile 1.8 at Milbridge, shall open on 
signal if at least 24 hours notice is given to the Maine State Highway 
Commission, Division Office at Ellsworth.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec. 117.531  Piscataqua River.

    (a) The following requirements apply to all bridges across the 
Piscataqua River:
    (1) Public vessels of the United States, state and local vessels 
used for public safety, vessels in distress, commercial vessels over 100 
gross tons, inbound ferry service vessels and inbound commercial fishing 
vessels shall be passed through the draws of each bridge as soon as 
possible without delay at any time. The opening signal from these 
vessels is four or more short blasts of a whistle, horn or a radio 
request.
    (2) The owners of these bridges shall provide and keep in good 
legible condition clearance gauges for each draw with figures not less 
than 18 inches high designed, installed and maintained according to the 
provisions of Sec. 118.160 of this chapter.
    (3) Trains and locomotives shall be controlled so that any delay in 
opening the draw shall not exceed five minutes. However, if a train 
moving toward the

[[Page 432]]

bridge has crossed the home signal for the bridge before the signal 
requesting opening of the bridge is given, that train may continue 
across the bridge and must clear the bridge interlocks before stopping.
    (4) Except as provided in paragraphs (b) through (c) of this section 
the draws shall open on signal.
    (b) The draw of the Memorial (US 1) bridge, mile 3.5, shall open on 
signal; except that from 15 May through 31 October, from 7 a.m. to 7 
p.m., the draw need be opened only on the hour and half hour for 
recreational vessels and commercial vessels less than 100 gross tons 
except as provided in (a)(1).
    (c) The draw of the Sarah M. Long (Route 1 Bypass) bridge, mile 4.0, 
shall open as follows:
    (1) The main ship channel draw shall open on signal; except that 
from 15 May through 31 October, from 7 a.m. to 7 p.m., the draw need be 
opened only at quarter of and quarter after the hour for recreational 
vessels and commercial vessels less than 100 gross tons except as 
provided in (a)(1).
    (2) The secondary recreation draw shall be left in the fully open 
position from 15 May through 31 October except for the crossing of a 
train in accordance with (a)(3) above.

[CGD1-89-111, 55 FR 13275, Apr. 10, 1990]



Sec. 117.532  Presumpscot River.

    The draw of the highway bridge, mile 0.0 at Martin Point, Portland, 
need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 43460, Oct. 29, 1984]



Sec. 117.533  Sheepscot River.

    The draws of the Maine highway bridge, mile 14, and the Maine 
Central railroad bridge, mile 15.0, both between Wiscasset and North 
Edgecombe, need not be opened for the passage of vessels. The draw of 
the Maine Central railroad bridge shall be returned to operable 
condition within six months after notification by the District Commander 
to do so.



Sec. 117.535  Taunton River.

    The draw of the Maine highway bridge, mile 4.3 between Hancock and 
Sullivan, need not be opened for the passage of vessels.

                                Maryland



Sec. 117.541  Baltimore Harbor--Patapsco River.

    (a) The draw of the Hanover Street S2 bridge, mile 12.0 across the 
Middle Branch of the Patapsco River at Baltimore, shall open on signal 
from 5 a.m. to 6:30 a.m., 9:30 a.m. to 4 p.m., and 6 p.m. to 9:00 p.m. 
The draw need not be opened from 6:30 a.m. to 9:30 a.m. and 4 p.m. to 6 
p.m.; however, fire boats, police boats, and other vessels engaged in 
emergency operations shall be passed immediately during this period. 
When a vessel desires to pass the draw from 9 p.m. to 5 a.m., notice 
shall be given to the superintendent of the bridge, either at the bridge 
before 9 p.m. or at the superintendent's residence after 9 p.m. If the 
notice is given from 5 a.m. to 9 p.m. or if at least one half hour has 
elapsed since the notice was given, the draw shall open promptly at the 
time requested.
    (b) The draw of the Western Maryland railroad bridge, mile 12.5 
across the Middle Branch of the Patapsco River at Baltimore, shall open 
on signal from 7 a.m. to 12 noon and 1 p.m. to 4 p.m. Monday through 
Friday except legal holidays. At all other times, the draw shall open if 
at least six hours notice is given. Marine firefighting equipment and 
pollution control vessels shall be passed as soon as possible but in no 
event more than 15 minutes after notice is given.



Sec. 117.543  Bear Creek.

    (a) The draws of the Baltimore County Revenue Authority (Dundalk 
Avenue) highway toll bridge, mile 1.5, and the Peninsula Parkway bridge, 
mile 2.1, both between Dundalk and Sparrows Point, shall open on signal; 
except that, from April 16 through November 15 from 12 midnight to 8 
a.m. except Saturdays, Sundays, and Federal and State holidays, at least 
one half hour notice is required.
    (b) The draw of the Baltimore County highway bridge, mile 3.4 at 
Wise Avenue between Dundalk and Sparrows Point, shall open on signal if 
at least four hours notice is given.

[[Page 433]]



Sec. 117.547  Bush River.

    The draw of the Amtrak bridge, mile 6.8 at Perryman, operates as 
follows:
    (a) When notice under paragraph (b) of this section is given, the 
draw shall open twice a day--
    (1) From May 1 through September 30, on each Saturday, Sunday, and 
Federal holiday falling on a Friday or a Monday; and
    (2) In October, on the Saturday and Sunday of one weekend.
    (b) Notice of the need for an opening is given to the Amtrak 
Assistant Transportation Superintendent at 301-291-4278 by an authorized 
representative of the Bush River Yacht Club by noon on the Friday just 
preceding the day of opening or, if that Friday is a Federal holiday, by 
noon on the preceding Thursday.
    (c) Amtrak determines the times for openings and shall schedule the 
times--
    (1) During daylight hours;
    (2) Six to ten hours apart; and
    (3) One opening before noon and one after noon.
    (d) Amtrak shall notify a representative of the Yacht Club of the 
times of all openings for the weekend (or extended weekend) in question 
by 6 p.m. on the Friday just preceding the weekend or, if that Friday is 
a Federal holiday, by 6 p.m. on the preceding Thursday.
    (e) Each opening shall be of sufficient duration to pass waiting 
vessels.

[CGD 5-85-01, 50 FR 18480, May 1, 1985]



Sec. 117.549  Cambridge Harbor.

    The draw of the S342 bridge, mile 0.1 at Cambridge, shall open on 
signal from 6 a.m. to 8 p.m.; except that, from 12 noon to 1 p.m. Monday 
through Friday, the draw need not be opened. The draw need not be opened 
from 8 p.m. to 6 a.m.



Sec. 117.551  Chester River.

    The draw of the S213 bridge, mile 26.8 at Chestertown, shall open on 
signal from April 1 though September 30 from 6 a.m. to 6 p.m. At all 
other times, the draw shall open on signal if at least six hours notice 
is given.



Sec. 117.553  Choptank River.

    (a) The draw of the Maryland 331 bridge, mile 35.3, at Dover, shall 
open on signal from 6 a.m. to 6 p.m., year-round, and the draw shall 
remain closed from 6 p.m. to 6 a.m., year-round, unless 24 hours advance 
notice is given by calling (301) 820-8592 or (301) 745-2096.
    (b) The draw of the Conrail bridge, mile 50.9 at Denton, shall open 
on signal from May 30 through September 30 from sunrise to sunset and at 
all other times if at least four hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD5-90-059, 55 
FR 35622, Aug. 31, 1990]



Sec. 117.555  College Creek.

    The draws of the Naval Academy highway bridge, mile 0.3 at 
Annapolis, and the Maryland highway bridge, mile 0.4 at Annapolis, need 
not be opened for the passage of vessels.



Sec. 117.557  Curtis Creek.

    The draw of the I695 bridge, mile 0.9 at Baltimore, shall open on 
signal if at least a one-hour notice is given to the Maryland 
Transportation Authority in Baltimore.



Sec. 117.559  Isle of Wight Bay.

    The draw of the US50 bridge, mile 0.5 at Ocean City, shall open on 
signal; except that, from October 1 through April 30 from 6 p.m to 6 
a.m., the draw shall open if at least three hours notice is given and, 
from May 25 through September 15 from 9:25 a.m. to 9:55 p.m., the draw 
shall open at 25 minutes after and 55 minutes after the hour for a 
maximum of five minutes to permit accumulated vessels to pass.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec. 117.561  Kent Island Narrows.

    The draw of the U.S. Route 50/301 bridge, mile 1.0, Kent Island 
Narrows, operates as follows:
    (a) From November 1 through April 30, the draw shall open on signal 
from 6 a.m. to 6 p.m. but need not be opened from 6 p.m. to 6 a.m.
    (b) From May 1 through October 31:

[[Page 434]]

    (1) On Monday (except when Monday is a holiday) through Thursday 
(except when Thursday is the day before a Friday holiday), the draw 
shall open on signal on the hour from 7 a.m. to 7 p.m., but need not be 
opened at any other time.
    (2) On Friday (except when Friday is a holiday) and on Thursday when 
it is the day before a Friday holiday, the draw shall open on signal on 
the hour from 6 a.m. to 3 p.m. and at 8 p.m., but need not be opened at 
any other time.
    (3) On Saturday and on a Friday holiday, the draw shall open on 
signal at 6 a.m. and 12 noon and on signal on the hour from 3 p.m. to 8 
p.m., but need not be opened at any other time.
    (4) On Sunday and on a Monday holiday, the draw shall open on signal 
on the hour from 6 a.m. to 1 p.m. and at 3:30 p.m., but need not be 
opened at any other time.
    (5) The draw shall open at scheduled opening times only if vessels 
are waiting to pass. At each opening, the draw shall remain open for a 
sufficient period of time to allow passage of all waiting vessels.
    (6) If a vessel is approaching the bridge and cannot reach the 
bridge exactly on the hour, the drawtender may delay the hourly opening 
up to ten minutes past the hour for the passage of the approaching 
vessel and any other vessels that are waiting to pass.
    (c) The draw shall open on signal for public vessels of the United 
States, State, or local government vessels used for public safety 
purposes, commercial vessels, and vessels in distress.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD5-87-055, 53 
FR 9888, Mar. 28, 1988]



Sec. 117.563  Marshyhope Creek.

    The draw of the S14 bridge, mile 5.8 at Brookview, need not be 
opened for the passage of vessels. The operating machinery shall be 
maintained in a serviceable condition.



Sec. 117.565  Miles River.

    The draw of the S370 bridge, mile 10.0 at Easton, shall open on 
signal from sunrise to sunset. A vessel wishing to pass through the draw 
between sunset and sunrise shall notify the drawtender of the time at 
which it is desired to pass and the draw shall open as close to the time 
requested as practicable.



Sec. 117.567  Patuxent River.

    The draw of S231 bridge, mile 18.5 at Benedict, shall open on 
signal; except that, from 6 p.m. to 6 a.m., the draw shall open on 
signal if notice is given to the Toll Captain at the Administration 
Building at the east end of the bridge before 6 p.m.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec. 117.569  Pocomoke River.

    (a) The Conrail railroad bridge, mile 15.2, at Pocomoke City, shall 
open on signal, except between November 1 and March 31 the draw must 
open only if at least five hours advance notice is given.
    (b) The draw of the Route 675 bridge, mile 15.6, at Pocomoke City, 
shall open on signal, except between November 1 and March 31 the draw 
must open only if at least five hours advance notice is given.
    (c) The draw of the S12 bridge, mile 29.9, at Snow Hill, shall open 
on signal if at least five hours advance notice is given.

[CGD5-87-063, 53 FR 16548, May 10, 1988]



Sec. 117.571  Spa Creek.

    The S181 bridge, mile 4.0, at Annapolis, Maryland:
    (a) From May 1 to October 31, Monday through Friday, except Federal 
and State holidays:
    (1) The draw shall remain closed from 7:30 a.m. to 9:00 a.m. and 
from 4:30 p.m. to 7:30 p.m., except the draw shall open at 6:00 p.m. and 
7:00 p.m. for any vessels waiting to pass.
    (2) The draw shall open on the hour and the half-hour, from 9:00 
a.m. to 4:30 p.m.
    (3) The draw shall open on the hour and half hour, from 7:30 p.m. to 
7:30 a.m.
    (b) From November 1 to April 30, Monday through Friday, except 
Federal and State holidays:
    (1) The draw shall remain closed from 7:30 a.m. to 9:00 a.m. and 
from 4:30 p.m. to 6:00 p.m.

[[Page 435]]

    (2) The draw shall open on signal from 9:00 a.m. to 4:30 p.m. and 
from 6:00 p.m. to 7:30 a.m.
    (c) On Saturdays, Sundays, and holidays year-round, the draw shall 
open on the hour and half-hour for vessels waiting to pass.
    (d) The draw shall always open on signal for public vessels of the 
United States, or local vessels used for public safety, tugs with tows, 
and vessels in distress.

[CGD5-90-002, 55 FR 4604, Feb. 9, 1990, as amended by CGD05-94-08, 59 FR 
44316, Aug. 29, 1994]



Sec. 117.573  Stoney Creek.

    The draw of the Stoney Creek (S173) bridge, mile 0.9, in Riviera 
shall open on signal, except:
    (a) From 6:30 a.m. to 9 a.m. and from 3:30 p.m. to 6:30 p.m., Monday 
through Friday except Federal and State holidays, the draw need be 
opened only at 7:30 a.m. and 5 p.m. if any vessels are waiting to pass.
    (b) From 11 a.m. to 7 p.m. on Saturday and from 12 p.m. to 5 p.m. on 
Sunday, the draw need be opened only on the hour and half hour.
    (c) Public vessels of the United States and vessels in an emergency 
involving danger to life or property shall be passed at any time.

[CGD5-92-012, 57 FR 14643, Apr. 22, 1992]



Sec. 117.575  Susquehanna River.

    The draw of the Conrail bridge, mile 1.0 at Havre de Grace, shall 
open on signal if at least 24 hours notice is given.



Sec. 117.577  Weems Creek.

    The draw of the S437 bridge, mile 0.7 at West Annapolis, shall open 
on signal from sunrise to sunset from May 1 through September 30. At all 
other times, the draw shall open on signal if at least five hours notice 
is given.



Sec. 117.579  Wicomico River (North Prong).

    The draws of the Main Street and US 50 bridges, mile 22.4, 
Salisbury, Maryland shall open on signal, except from 7 a.m. to 9 a.m., 
from 12 noon to 1 p.m., and from 4 p.m. to 6 p.m., the draw need not be 
opened for the passage of vessels, except for tugs with tows, if at 
least three hours of advance notice is given, and the reason for passage 
through the bridges during a closure period is due to delay caused by 
inclement weather or other emergency or unforeseen circumstances.

[CGD05-94-116, 60 FR 32267, June 21, 1995]

                              Massachusetts



Sec. 117.585  Acushnet River.

    (a) The drawspan will be opened promptly, provided proper signal is 
given, on the following schedule:
    (1) On the hour between 6:00 a.m. and 10:00 a.m. inclusive;
    (2) At a quarter past the hour between 11:15 a.m. and 6:15 p.m. 
inclusive.
    (3) At all other times on call.
    (b) The draw will be opened at any time for vessels whose draft 
exceeds 15 feet, for vessels owned or operated by the U.S. Government, 
the State of Massachusetts, or by local authorities.
    (c) Each opening of the draw, from the time vehicular traffic flow 
is stopped until the flow resumes, shall not exceed 15 minutes except 
for vessels whose draft exceeds 15 feet or in extraordinary 
circumstances.
    (d) The Massachusetts Department of Public Works shall keep posted 
in a conspicuous location on the upstream and downstream sides of the 
bridge, where it can be read easily at any time, a copy of the 
regulations in this subpart.

[CGD 1-84-10R, 49 FR 36841, Sept. 20, 1984]



Sec. 117.587  Apponagansett River.

    (a) The draw of the Padanaram Bridge mile 1.0 shall open on signal 1 
May through 31 October from 5 a.m. to 9 p.m. daily as follows:
    (1) The bridge shall open on signal, twice an hour, on the hour and 
the half hour between 5 a.m. and 9 a.m. and between 8 p.m. and 9 p.m.
    (2) The bridge shall open on signal, once an hour, on the hour 
between 9 a.m. and 8 p.m.
    (b) At all other times the bridge shall open if at least four (4) 
hours advance notice is given.

[[Page 436]]

    (c) The owners of this bridge shall provide and maintain mooring 
facilities for vessels to make fast while waiting for the bridge to 
open.
    (d) The owners of this bridge shall provide and keep in good legible 
condition, clearance gauges for each draw with figures not less than 
twelve (12) inches high designed, installed and maintained according to 
the provisions of section 118.160 of this chapter.

[CGD01-95-008, 60 FR 29761, June 6, 1995]



Sec. 117.588  Bass River.

    The Hall Whitaker Bridge, mile 0.6 at Beverly, shall operate as 
follows:
    (a) Public vessels of the United States and state or local vessels 
used for public safety shall be passed as soon as possible.
    (b) The owners of this bridge shall provide and keep in good legible 
condition clearance gauges for each draw with figures not less than 12 
inches high designed, installed and maintained according to the 
provisions of Sec. 118.160 of this chapter.
    (c) That the draw of the Hall Whitaker bridge shall open on signal 
if at least 24 hours notice is given by commercial and recreational 
vessels.

[CGD1-91-015, 56 FR 41460, Aug. 21, 1991]



Sec. 117.589  Cape Cod Canal.

    The draw of the Conrail railroad bridge, mile 0.7 at Bourne, shall 
operate as follows:
    (a) The draw is normally in the fully open position except for the 
passage of trains or for maintenance. No signal is required if the draw 
is in the fully open position.
    (b) If the draw is not in the fully open position, the opening 
signal is one prolonged and one short blast.
    (c) Signals to be sounded from the bridge are--
    (1) Immediately preceding the opening of the draw, one prolonged 
blast;
    (2) Immediately preceding the closing of the draw, two prolonged 
blasts;
    (3) When a vessel has sounded the opening signal and the draw cannot 
be opened immediately, five short blasts in a rapid succession; and
    (4) When the draw is closed and visibility is reduced in foggy 
weather, five short blasts in rapid succession every two minutes.



Sec. 117.591  Charles River and its tributaries.

    (a) The following requirements apply to all bridges across the 
Charles River and it's tributaries:
    (1) Public vessels of the United States, state or local vessels used 
for public safety, and vessels in distress shall be passed through the 
draw of each bridge as soon as possible without delay at any time. The 
opening signal from these vessels is four or more short blasts of a 
whistle or horn, or a radio request.
    (2) The owners of these bridges shall provide and keep in good 
legible condition clearance gauges for each draw with figures not less 
than 12 inches high designed, installed and maintained according to the 
provisions of Sec. 118.160 of this chapter.
    (3) Trains and locomotives shall be controlled so that any delay in 
opening the draw span shall not exceed ten minutes. However, if a train 
moving toward the bridge has crossed the home signal for the bridge 
before the signal requesting opening of the bridge is given, that train 
may continue across the bridge and must clear the bridge interlocks 
before stopping.
    (4) Except as provided in paragraph (b) through (f) of this section, 
the draws shall open on signal.
    (b) The draw of the Charlestown Bridge, mile 0.4 at Boston, need not 
be opened for the passage of vessels.
    (c) The draw of the Massachusetts Bay Transportation Authority 
(MBTA/Amtrak Bridge, mile 0.8, at Boston, shall open on signal; except 
that from 6:15 a.m. to 9:10 a.m. and 4:15 p.m. to 6:30 p.m., Monday 
through Friday, except holidays, the draw need not be opened for the 
passage of vessels, except as stated in paragraph (a)(1) of this 
section.
    (d) The draw of the Massachusetts Bay Transportation Authority (East 
Cambridge Viaduct) railroad Bridge, mile 1.0 at Boston, need not be 
opened for the passage of vessels. However, the operating machinery of 
the draw shall be maintained in an operable condition.

[[Page 437]]

    (e) The draw of the Metropolitan District Commission (Craigie) 
Bridge, mile 1.0 at Boston, shall operate as follows:
    (1) Open on signal; except that from 6:15 a.m. to 9:10 a.m. and 3:15 
p.m. to 6:30 p.m., Monday through Friday, except holidays, the draw need 
not open for the passage of vessels, except as stated in paragraph 
(a)(1) of this section.
    (2) From December 1 to March 31, the draw shall open on signal after 
a 24 hour advance notice is given.
    (f) The draws of the bridges across Broad Canal, mile 0.0, need not 
open for the passage of vessels. However, the draws shall be returned to 
operable condition within one year after notification by the District 
Commander to do so.

[CGD1 91-141, 57 FR 30405, July 9, 1992]



Sec. 117.593  Chelsea River.

    All drawbridges across the Chelsea River shall open on signal. The 
opening signal for each drawbridge is two prolonged blasts followed by 
two short blasts and one prolonged blast. The acknowledging signal is 
three prolonged blasts when the draw can be opened immediately and is 
two prolonged blasts when the draw cannot be opened or is open and must 
be closed.



Sec. 117.595  Danvers River.

    (a) The following requirements apply to all bridges across the 
Danvers River:
    (1) Public vessels of the United States, state or local vessels used 
for public safety, commercial vessels, and vessels in distress shall be 
passed through the draw of each bridge as soon as possible without delay 
at any time. The opening signal from these vessels if four or more short 
blasts of a whistle, horn, or a radio request.
    (2) The owners of these bridges shall provide and keep in good 
legible condition clearance gauges for each draw with figures not less 
than 12 inches high designed, installed and maintained according to the 
provisions of Sec. 118.160 of this chapter.
    (3) Trains and locomotives shall be controlled so that any delay in 
opening the draw span shall not exceed ten minutes. However, if a train 
moving toward the bridge has crossed the home signal for the bridge 
before the signal requesting opening of the bridge is given, that train 
may continue across the bridge and must clear the bridge interlocks 
before stopping.
    (4) Except as provided in paragraphs (b) through (d) of this 
section, the draws shall open on signal.
    (b) The draw of the Beverly-Salem SR1A Bridge, mile 0.0 between 
Salem and Beverly, MA shall operate as follows:
    (1) The draw shall open on signal, except that from May 1 through 
September 30, 12 midnight to 5 a.m. and from October 1 through April 30, 
8 p.m. to 5 a.m., and all day on December 25 and January 1, the draw 
shall open as soon as possible, but not more than one hour, after notice 
is given to the drawtenders either at the bridge during the time the 
drawtenders are on duty or by calling the number posted at the bridge.
    (2) Except as provided in paragraph (a)(1) of this section, the draw 
need not be opened Monday through Friday, except federal holidays, 
between 7:30 a.m. and 9 a.m. and between 4:30 p.m. and 6 p.m.
    (c) The draw of the Massachusetts Bay Transportation Authority 
(MBTA)/AMTRAK Bridge at mile 0.05, between Salem and Beverly shall open 
on signal, except that from 12 midnight to 5 a.m. daily and on December 
25 and January 1, the draw shall open as soon as possible, but not more 
than one hour, after notice is given to the drawtenders either at the 
bridge during the time the drawtenders are on duty or by calling the 
number posted at the bridge.
    (d) The Essex County Kernwood Bridge at mile 1.0 shall open on 
signal, except that from May 1 through September 30, 12 midnight to 5 
a.m. and from October 1 through April 30, 7 p.m. to 5 a.m., and all day 
on December 25 and January 1, the draw shall open as soon as possible, 
but not more than one hour, after notice is given to the drawtenders 
either at the bridge during the time the drawtenders are on duty or by 
calling the number posted at the bridge.

[CGD1 91-016, 56 FR 57491, Nov. 12, 1991, as amended by CGD01-94-149, 60 
FR 51728, Oct. 3, 1995]

[[Page 438]]



Sec. 117.597  Dorchester Bay.

    The draw of the William T. Morrisey Boulevard bridge, mile 0.0 at 
Boston, shall open on signal from April 16 through October 14; except 
that the draw need not open for the passage of vessels from 7:30 a.m. to 
9 a.m. and from 4:30 p.m. to 6 p.m. except on Saturdays, Sundays, or 
holidays observed in the locality. From October 15 through April 15, the 
draw shall open on signal if at least 24 hours notice is given. Public 
vessels of the United States and state or local vessels used for public 
safety shall be passed as soon as possible.



Sec. 117.598  Eel Pond Channel.

    The following requirements apply to the draw of Eel Pond (Water 
Street) drawbridge at mile 0.0 at Falmouth, Massachusetts.
    (a) The draw shall open at all times as soon as possible for a 
public vessels of the United States, State or local vessels used for 
public safety, and vessels in distress. The opening signal for these 
vessels shall be four or more short blast of a whistle, horn, or radio 
request.
    (b) The owners of this bridge shall provide and keep in good legible 
condition clearance gauges for each draw with figures not less than 12 
inches high designed, installed and maintained according to the 
provisions of section 118.160 of this chapter.
    (c) The draw shall operate as follows:
    (1) On signal from October 15 through May 14, from 8 a.m. to 5 p.m. 
except as provided in paragraph (c)(3)(i) of this section.
    (2) Need open on signal only on the hour and half hour as follows:
    (i) From May 15 through June 14 and from September 16 through 
October 14, from 7 a.m. to 7 p.m.
    (ii) From June 15 through September 15, from 6 a.m. to 9 p.m.
    (3) The draw shall open on signal if at least 8 hours advance notice 
is given:
    (i) At all times on Christmas, New Years, Easter and all Sundays in 
January and February.
    (ii) At all other times not stipulated in paragraphs (c)(1) and 
(c)(2) of this section.

[CGD1 90-024, 55 FR 20263, May 16, 1990]



Sec. 117.599  Fort Point Channel.

    (a) The draw of the Northern Avenue bridge, mile 0.1 at Boston, 
shall open on signal; except that, from 7 a.m. to 9 a.m. and 4:30 p.m. 
to 6:30 p.m. Monday through Friday except holidays, the draw need not be 
opened for vessels with a draft of less than 18 feet. From 8 p.m. to 6 
a.m., the draw need not be opened for the passage of vessels. Public 
vessels of the United States and state or local vessels used for public 
safety shall be passed as soon as possible.
    (b) The draws of the Congress Street bridge, mile 0.3, and the 
Summer Street bridge, mile 0.4, both at Boston, need not be opened for 
the passage of vessels. However, the draws shall be returned to operable 
condition within six months after notification by the District Commander 
to do so.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec. 117.600  Lagoon Pond.

    The draw of the Lagoon Pond Bridge, mile 0.0 in Tisbury, 
Massachusetts, shall operate as follows:
    (a) The draw shall open on signal from May 15 through September 15, 
from 8:15 a.m. to 8:45 a.m., from 10:15 a.m. to 11 a.m., from 3:15 p.m. 
to 4 p.m., from 5 p.m. to 5:45 p.m., and from 7:30 p.m. to 8 p.m. At all 
other times the draw will open for the passage of vessels if at least 
four (4) hours advance notice is given by calling the number posted at 
the bridge.
    (b) The draw shall open on signal from September 16 through May 14 
if at least a twenty-four (24) hours advance notice is given by calling 
the number posted at the bridge.
    (c) The owners of this bridge shall provide and keep in good legible 
condition, clearance gauges for each draw with figures not less than 
twelve (12) inches high designed, installed and

[[Page 439]]

maintained according to the provisions of section 118.160 of this 
chapter.

[CGD01-95-001, 60 FR 51729, Oct. 3, 1995]



Sec. 117.601  Malden River.

    The draw of the S16 bridge, mile 0.3 between Medford and Everett, 
need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec. 117.603  Manchester Harbor.

    The draw of the Boston and Maine railroad bridge, mile 1.0 at 
Manchester, shall open on signal from April 1 through November 1 from 9 
a.m. to 1 p.m. and 2 p.m. to 6 p.m. At all other times, at least two 
hours notice is required from 6:45 a.m. to 3:45 p.m. and at least five 
hours notice is required from 3:45 p.m. to 6:45 a.m. The notice is given 
to the Chief Dispatcher, Boston and Maine Railroad, Boston.



Sec. 117.605  Merrimack River.

    (a) The draw of Newburyport US1 Bridge, mile 3.4, shall open on 
signal from May 1 through November 15, from 6 a.m. to 10 p.m. At all 
other times the draw shall open on signal if at least one hour advance 
notice is given by calling the number posted at the bridge.
    (b) The draw of the Boston and Maine railroad bridge, mile 3.4 at 
Newburyport, is normally maintained in the fully open position. When the 
draw is in the closed position, a drawtender shall be on duty and the 
draw shall open on signal.
    (c) The draws of the Massachusetts Department of Public Works 
bridges, mile 5.8 at Newburyport and mile 12.6 at Rock Village, and 
Groveland bridge, mile 16.5 at Groveland, shall open on signal if at 
least two hours notice is given. Public vessels of the United States and 
state or local vessels used for public safety shall be passed through 
the draw as soon as possible.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD01-94-094, 60 
FR 58518, Nov. 28, 1995]



Sec. 117.607  Mitchell River.

    The draw of the Chatham highway bridge, mile 0.2 at Chatham, shall 
open on signal from May 1 through October 31 from 8 a.m. to 4 p.m. if at 
least one hour notice is given, and from 4 p.m. to 8 a.m. if at least 12 
hours notice is given. From November 1 through April 30, the draw shall 
open on signal if at least 24 hours notice is given. Notice is given to 
the duty officer at the Chatham Police Department Headquarters.



Sec. 117.609  Mystic River.

    (a) The draws of the S99 bridge, mile 1.4, and the Boston and Maine 
railroad bridge, mile 1.8, both at Boston, shall open on signal; except 
that, from 7:45 a.m. to 9 a.m., 9:10 a.m. to 10 a.m. and 5 p.m. to 6 
p.m. except Sundays and holidays, the draws need not be opened for the 
passage of vessels with a draft of less than 18 feet. Public vessels of 
the United States and state or local vessels used for public safety 
shall be passed at any time.
    (b) The draws of the Wellington bridge, mile 2.5, and the General 
Lawrence bridge, mile 3.6, both at Boston, need not be opened for the 
passage of vessels.



Sec. 117.611  Neponset River.

    The Granite Avenue Bridge, mile 2.5, between Boston and Milton, 
Massachusetts, shall operate as follows:
    (a) The draw of the Granite Avenue Bridge shall open on signal from 
May 1 through October 31; 6 a.m. to 12 midnight. At all other times the 
draw shall open on signal if at least one hour advance notice is given 
by calling the number posted at the bridge.
    (b) The owners of this bridge shall provide and keep in good legible 
condition, clearance gauges for each draw with figures not less than 
twelve (12) inches high designed, installed and maintained according to 
the provisions of Sec. 118.160 of this chapter.

[CGD01-94-087, 60 FR 54432, Oct. 24, 1995]



Sec. 117.613  North River.

    The draws of the S3A bridge, mile 1.6 at Scituate, and the Plymouth 
County (Bridge Street) bridge, mile 4.0 at Norwell, shall open on signal 
from May 1 through October 31 if at least four hours notice is given. 
From November 1 through April 30, the draws shall open on signal if at 
least 24 hours notice is given.

[[Page 440]]



Sec. 117.615  Plum Island River.

    The draw of the Plum Island Turnpike Bridge, mile 3.3 between 
Newburyport and Plum Island, shall operate as follows:
    (a) From April 1 through November 30, 5 a.m. to 9 p.m., the draw 
shall open on signal if at least one hour advance notice is given by 
calling the number posted at the bridge. At all other times the draw 
shall open on signal if at least three hours advance notice is given.
    (b) The owners of this bridge shall provide and keep in good legible 
condition, clearance gauges for each draw with figures not less than 
twelve (12) inches high, designed, installed and maintained according to 
the provisions of Sec. 118.160 of this chapter.

[CGD01-94-057, 60 FR 54431, Oct. 24, 1995]



Sec. 117.617  Reserved Channel.

    The draw of the Summer (L) Street bridge, mile 0.2 at Boston, shall 
open on signal from 9:30 a.m. to 4 p.m. Monday through Saturday and from 
9:30 a.m. to 4 p.m. on Sunday from April 1 through October 3. At all 
other times, the draw shall open on signal if at least 10 hours notice 
is given. Public vessels of the United States and state or local vessels 
used for public safety shall be passed as soon as possible.



Sec. 117.618  Saugus River.

    (a) The following requirements apply to all bridges across the 
Saugus River:
    (1) Public vessels of the United States, state or local vessels used 
for public safety, and vessels in distress shall be passed through the 
draw of each bridge as soon as possible at any time. The opening signal 
from these vessels is four or more short blasts of a whistle or horn or 
a radio request.
    (2) The owners of these bridges shall provide and keep in good 
legible condition clearance gauges with figures not less than 12 inches 
high designed, installed and maintained according to provisions of 
Sec. 118.160 of this chapter.
    (3) Trains and locomotives shall be controlled so that any delay in 
opening the draw span shall not exceed seven minutes. However, if a 
train moving toward the bridge has crossed the home signal for the 
bridge before the signal requesting opening of the bridge is given, the 
train may continue across the bridge and must clear the bridge 
interlocks before stopping.
    (b) The draw of the General Edwards SR1A Bridge, mile 1.7, between 
Revere and Lynn, Massachusetts, shall open on signal except that from 
December 1 through March 31 at least 8 hour advance notice shall be 
given by commercial and recreational vessels for an opening.
    (c) The Fox Hill SR107 Bridge at mile 2.5 shall open on signal, 
except that from October 1 through May 31, 7 p.m. to 5 a.m. daily, and 
all day on December 25 and January 1, the draw shall open as soon as 
possible, but not more than one hour, after notice is given to the 
drawtenders either at the bridge during the time the drawtenders are on 
duty or by calling the number posted at the bridge.

[CGD1 91-004, 56 FR 60064, Nov. 27, 1991, as amended by CGD01-94-150, 60 
FR 51730, Oct. 3, 1995]



Sec. 117.619  Taunton River.

    The Bristol County Bridge, mile 10.3 at Berkley, shall operate as 
follows:
    (a) Public vessels of the United States and state or local vessels 
used for public safety shall be passed as soon as possible.
    (b) The owners of this bridge shall provide and keep in good legible 
condition clearance gauges for each draw with figures not less than 12 
inches high designed, installed and maintained according to the 
provisions of Sec. 118.160 of this chapter.
    (c) Shall open on signal if at least 24 hours notice is given by 
commercial and recreational vessels.

[CGD1-91-013, 56 FR 41461, Aug. 21, 1991]



Sec. 117.620  Westport River--East Branch.

    The Westport Point Bridge, mile 1.2 at Westport, shall operate as 
follows:
    (a) Public vessels of the United States and state or local vessels 
used for public safety shall be passed as soon as possible.
    (b) The owners of this bridge shall provide and keep in good legible 
condition clearance gauges for each draw with figures not less than 12 
inches

[[Page 441]]

high designed, installed, and maintained, according to the provisions of 
Sec. 118.160 of this chapter.
    (c) That the draw of the Westport Point Bridge, mile 1.2 at 
Westport, shall open on signal if at least 24 hours notice is given by 
commercial and recreational vessels.

[CGD1-91-014, 56 FR 41462, Aug. 21, 1991]



Sec. 117.621  Fore River.

    The draw of the Quincy Weymouth SR3A bridge, mile 3.5 between Quincy 
Point and North Weymouth, Massachusetts, shall open on signal, except 
that:
    (a) From 6:30 a.m. to 9 a.m. and from 4:30 p.m. to 6:30 p.m., Monday 
through Friday, except holidays observed in the locality, the draw need 
not be opened.
    (b) The draw shall open on signal at all times for self-propelled 
vessels greater than 10,000 gross tons.

[CGD01-94-159, 60 FR 2688, Jan. 11, 1995]



Sec. 117.622  West Bay.

    (a) The draw of the West Bay Bridge, in Osterville, Massachusetts, 
shall open on signal from April 1 through October 31 on the following 
schedule:
    (1) From April 1 through June 14 and October 12 through October 31; 
8 a.m. to 4 p.m.
    (2) June 15 through June 30; 8 a.m. to 6 p.m.
    (3) July 1 until Labor Day; 8 a.m. to 8 p.m.
    (4) Labor Day through October 11; 8 a.m. to 5 p.m.
    (5) At all other times from April 1 through October 31, the draw 
shall open on signal if at least four (4) hours advance notice is given 
by calling the number posted at the bridge.
    (b) From November 1 through March 31, the draw shall open if at 
least twenty-four (24) hours advance notice is given by calling the 
number posted at the bridge.
    (c) The owners of this bridge shall provide and keep in good legible 
condition clearance gauges for each draw with figures not less than 12 
inches high designed, installed and maintained according to the 
provisions of section 118.160 of this chapter.

[CGD01-94-104, 60 FR 51731, Oct. 3, 1995]

                                Michigan



Sec. 117.624  Black River (South Haven).

    The draw of the Dyckman Avenue bridge, mile 1.9 at South Haven, 
shall open as follows:
    (a) From May 1 through October 14--
    (1) From 7 a.m. to 11 p.m., seven days a week the draw need open 
only on the hour and half-hour; however, Mondays through Fridays the 
draw need not open at 12 noon and 1 p.m. Commercial vessels shall be 
passed through the draw of this bridge as soon as possible even though 
this regulated period is in effect.
    (2) From 11 p.m. to 7 a.m., no bridgetender is required to be in 
continuous attendance at the bridge and the draw shall open on signal 
for commercial vessels and pleasure craft if at least a three hour 
advance notice is given.
    (b) From October 15 through April 30, the draw shall open on signal 
for the passage of commercial vessels and pleasure craft if at least a 
twelve hour advance notice is given.
    (c) At all times, the draw shall open as soon as possible for public 
vessels of the United States, state or local government vessels used for 
public safety and vessels in distress.

[CGD 09 85-21, 51 FR 13219, Apr. 18, 1986]



Sec. 117.625  Black River.

    (a) For all drawbridges across the Black River, notice requesting 
the opening of a draw may be given to the dispatcher of the Port Huron 
Police Department. Public vessels of the United States, state or local 
vessels used for public safety, and vessels in distress shall be passed 
through each drawbridge on the river as soon as possible.
    (b) The draws of the Military Street bridge, mile 0.3, and Seventh 
Street bridge, mile 0.5, both at Port Huron, shall open on signal; 
except that, from May 1 through October 31 from 9 a.m. to 5:30 p.m. 
Monday through Saturday except Federal holidays, the draw need be opened 
only on the hour and half hour and, from November 1 through November 30 
and April 1 through April 30 from 4 p.m. to 8 a.m., the draw shall open 
if at least three hours notice is given. From December 1 through

[[Page 442]]

March 31, the draw shall open if at least 24 hours notice is given.
    (c) The draw of the Tenth Street bridge, mile 0.9 at Port Huron, 
shall open on signal--
    (1) From May 1 through October 31 from 8 a.m. to 11 p.m. and from 11 
p.m. to 8 a.m., if at least one hours notice is given;
    (2) From April 1 through April 30 and November 1 through November 
30, if at least three hours notice is given; and
    (3) From December 1 through March 31, if at least 24 hours notice is 
given.



Sec. 117.627  Cheboygan River.

    The draw of the US 23 highway bridge, mile 0.9 at Cheboygan shall 
operate as follows:
    (a) From March 16 through May 15 and from September 16 through 
December 14, the draw shall open on signal.
    (b) From May 16 through September 15--
    (1) Between the hours of 6 p.m. and 6 a.m., seven days a week, the 
draw shall open on signal.
    (2) Between the hours of 6 a.m. and 6 p.m., seven days a week, the 
draw need open only from three minutes before to three minutes after the 
quarter and three-quarters hour.
    (c) From December 15 through March 15, no bridgetender is required 
to be at the bridge and the draw need not open unless a request to open 
the draw is given to the Cheboygan Police Department at least 24 hours 
in advance of a vessel's time of intended passage through the draw.
    (d) At all times, the draw shall open as soon as possible for the 
passage of public vessels of the United States, State or local vessels 
used for public safety, commercial vessels, and vessels in distress.

[CGD09-91-03, 56 FR 37474, Aug. 7, 1991]



Sec. 117.631  Detroit River (Trenton Channel).

    (a) The draw of the Grosse Ile Toll bridge (Grosse Ile Parkway), 
mile 8.8, at Grosse Ile, shall operate as follows:
    (1) Between the hours of 7 a.m. and 11 p.m., seven days a week and 
holidays, the draw need open only from three minutes before to three 
minutes after the hour and half-hour for pleasure craft; for commercial 
vessels, during this period of time, the draw shall open on signal as 
soon as possible.
    (2) Between the hours of 11 p.m. and 7 a.m., the draw shall open on 
signal for pleasure craft and commercial vessels.
    (b) The draw of the Wayne County highway bridge (Bridge Road), mile 
5.6, at Grosse Ile, shall operate as follows:
    (1) From March 16 through December 14--
    (i) Between the hours of 7 a.m. and 11 p.m., seven days a week and 
holidays, the draw need open only from three minutes before to three 
minutes after the quarter and three-quarter hour for pleasure craft, 
with no opening required at 7:45 a.m., 8:45 a.m., 4:15 p.m. and 5:15 
p.m., Monday through Friday, except holidays; for commercial vessels, 
during these periods of time, the draw shall open on signal as soon as 
possible.
    (ii) Between the hours of 11 p.m. and 7 a.m., the draw shall open on 
signal for pleasure craft and commercial vessels.
    (2) From December 15 through March 15, no bridgetenders are required 
to be on duty at the bridge and the bridge shall open on signal if at 
least a twelve-hour advance notice is given .
    (c) At all times, the bridges listed in this section shall open as 
soon as possible for public vessels of the United States, State or local 
government vessels used for public safety and vessels in distress.

[CGD09 87-07, 52 FR 39520, Oct. 22, 1987]



Sec. 117.633  Grand River.

    (a) Public vessels of the United States, state or local vessels used 
for public safety, commercial vessels, and vessels in distress shall be 
passed through the draw of each bridge as soon as possible.
    (b) The draw of the Grand Trunk Western railroad bridge, mile 2.8 at 
Grand Haven, shall open on signal; except that, from December 15 through 
March 15, the draw shall open on signal if at least 24 hours notice is 
given.
    (c) The draw of the US31 bridge, mile 2.9 at Grand Haven, shall open 
on signal--
    (1) From March 16 through May 14 and from October 15 through 
December 14;

[[Page 443]]

    (2) From May 15 through October 14, from 9:03 p.m. to 6:03 a.m.;
    (3) From May 15 through October 14, from 6:03 a.m. to 9:03 p.m., 
from three minutes before to three minutes after the hour and half hour; 
and
    (4) From December 15 through March 15, if at least 24 hours notice 
is given.
    (d) The draw of the Grand Trunk Western railroad bridge, mile 0.2 
across the mouth of Spring Lake, shall open on signal; except that, from 
December 15 through March 15, the draw shall open on signal if at least 
24 hours notice is given.



Sec. 117.635  Keweenaw Waterway.

    The draw of the US41 bridge, mile 16.0 between Houghton and Hancock, 
shall open on signal; except that, from January 1 through March 15, the 
draws shall open on signal if at least 24 hours notice is given.



Sec. 117.637  Manistee River.

    (a) The draws of the Maple Street bridge, mile 1.1, and US-31 
highway bridge, mile 1.4, both at Manistee, shall operate as follows:
    (1) From May 1 through October 31 from 6 a.m. to 10 p.m., the 
bridges shall open on signal. From 10 p.m. to 6 a.m., the bridges need 
not open unless notice is given at least two hours in advance of a 
vessel's time of intended passage through the draws.
    (2) From November 1 through April 30, the bridges need not open 
unless notice is given at least 24 hours in advance of a vessel's time 
of intended passage through the draws.
    (b) The Chessie System railroad bridge, mile 1.5, at Manistee, shall 
open on signal from May 1 to October 31. From November 1 to April 30, 
the bridge need not open unless notice is given at least 24 hours in 
advance of a vessel's time of intended passage through the draw.

[CGD 09-93-006, 58 FR 52442, Oct. 8, 1993]



Sec. 117.639  Ontonagon River.

    The draw of the S64 bridge, mile 0.2 at Ontonagon, shall open on 
signal from April 1 through November 15 from 7 a.m. to 11 p.m. and from 
11 p.m. to 7 a.m., if at least one hour notice is given. From November 
16 through March 31, the draw shall open on signal if at least 24 hours 
notice is given.



Sec. 117.641  Pine River (Charlevoix).

    The draw of the US31 bridge, mile 0.3 at Charlevoix, shall be 
operated as follows:
    (a) The draw shall open on signal; except that, from 6 a.m. to 6 
p.m., the draw shall open on signal from three minutes before to three 
minutes after the hour and half hour. Public vessels of the United 
States, state or local vessels used for public safety, and vessels in 
distress shall be passed through the draw of each bridge as soon as 
possible.
    (b) The owners of the bridge shall provide and keep in good legible 
condition two board gages painted white with black figures not less than 
six inches high to indicate the vertical clearance under the closed draw 
at all stages of the tide. The gages shall be placed on the bridge so 
that they are plainly visible to operators of vessels approaching the 
bridge either up or downstream.



Sec. 117.643  Pine River (St. Clair).

    The draw of the S29 bridge, mile 0.1 at St. Clair, shall open on 
signal from April 1 through November 30 from 2 a.m. to 8 a.m. and from 8 
a.m. to 2 a.m. on the hour and one-half hour. From December 1 through 
March 31, the draw shall open on signal if at least 24 hours notice is 
given. Public vessels of the United States, state or local vessels used 
for public safety, and vessels in distress shall be passed through the 
draw as soon as possible.



Sec. 117.645  River Rouge.

    The draws of the Jefferson Avenue bridge, mile 1.1, and the Fort 
Street bridge, mile 2.2, both at Detroit, shall open on signal from 
December 16 through March 14 and on Saturdays, Sundays, and Federal 
holidays from March 15 through December 15. On Monday through Friday 
from March 15 through December 15, the draws shall open on signal from 
8:30 a.m. to 4 p.m., 4:40 p.m. to 5 p.m., and 6 p.m. to 7:30 a.m. The 
draws need not be opened at all other times. Public vessels of the 
United States, state or local vessels used for public safety, and 
vessels in

[[Page 444]]

distress shall be passed through each draw as soon as possible.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec. 117.647  Saginaw River.

    (a) The draws of the Detroit and Mackinac railroad bridge, mile 2.5 
at Bay City, and the Conrail railroad bridge, mile 4.4 at Bay City, 
shall open on signal; except that, from December 16 through March 15, 
the draws shall open on signal if at least 12 hours notice is given.
    (b) The draws of the Belinda Street (Independence) bridge, mile 3.3, 
Veterans Memorial bridge, mile 5.0, and Lafayette Street bridge, mile 
6.2, all in Bay City, shall open on signal from March 16 through 
December 15, except as follows:
    (1) From 6:30 a.m. to 8:30 a.m. and 3:30 p.m. to 5:30 p.m. except 
Saturdays, Sundays, and holidays observed in the locality, the draws 
need not be opened for the passage of vessels of less than 50 gross 
tons.
    (2) From 7:30 a.m. to 8:30 a.m. and 4:30 p.m. to 5:30 p.m. except on 
Sundays and Federal holidays, the draws need not be opened for the 
passage of downbound vessels of over 50 gross tons.
    (3) From 8 a.m. to 8 p.m. on Saturdays, Sundays, and Federal 
holidays, the draws of the Belinda Street and Lafayette Street bridges 
need not be opened for the passage of pleasure craft except from three 
minutes before to three minutes after the hour and half hour.
    (4) From 8 a.m. to 8 p.m. on Saturdays, Sundays, and Federal 
holidays, the draws of the Veterans Memorial bridge need not be opened 
for the passage of pleasure craft, except from three minutes before to 
three minutes after the quarter hour and three quarter hour.
    (5) From December 16 through March 15, the draws of these bridges 
shall open on signal if at least 12 hours notice is given.
    (c) The draw of the Sixth Avenue bridge, mile 17.1 at Saginaw, shall 
open on signal from April 1 through November 15 from 7 a.m. to 11 p.m. 
At all other times, the draw shall open on signal if at least three 
hours notice is given
    (d) The draw of the CSX railroad bridge, mile 18.0, need not be 
opened for the passage of vessels. The owner shall return the draw to an 
operable condition within a reasonable time when directed by the 
District Commander to do so.
    (e) The draw of the Grand Trunk Western railroad bridge, mile 19.2, 
need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD09-94-019, 59 
FR 36063, July 15, 1994; CGD09-96-003, 61 FR 24236, May 14, 1996]



Sec. 117.651  St. Joseph River.

    The draws of the US33 (Blossomland) bridge, mile 0.9, and the BL-94 
(Bicentennial) bridge, mile 1.3, both at St. Joseph, shall be operated 
as follows:
    (a) From March 1 through May 14, from October 1 through December 15, 
and from 8 p.m. to 7 a.m. from May 15 through September 30, the draws 
shall open on signal.
    (b) From 7 a.m. to 8 p.m. from May 15 through September 30, the draw 
of the Blossomland bridge need be opened only from three minutes before 
to three minutes after the hour and half hour, and the draw of the 
Bicentennial bridge need be opened only from three minutes before to 
three minutes after the quarter and three-quarter hour.
    (c) From December 16 through the last day of February, the draw of 
both bridges shall open on signal if at least 12 hours notice is given.
    (d) Public vessels of the United States, state and local government 
vessels used for public safety, commercial vessels, and vessels in 
distress shall be passed through the draw of both bridges as soon as 
possible.



Sec. 117.653  St. Mary's Falls Canal.

    The draw of the International Railway bridge, mile 1.0 at Sault Ste. 
Marie, shall be maintained in the fully open position during the 
navigation season, except for the crossings of trains or for 
maintenance. Bridge operators shall not give precedence to railway 
traffic and shall not close the bridge against an upbound vessel after 
lock gates are open and the vessel is proceeding toward the bridge, nor 
against a downbound vessel, 1,200 feet

[[Page 445]]

or less west of the bridge, unless the vessel is moored at either canal 
pier awaiting its turn to take position at lock approaches.



Sec. 117.655  Thunder Bay River.

    The draw of the Second Avenue bridge, mile 0.3 at Alpena, shall open 
on signal if at least three hours notice is given to the Dispatcher, 
Police Department, City of Alpena, Michigan.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]

                                Minnesota



Sec. 117.661  Duluth Ship Canal (Duluth-Superior Harbor).

    The draw of the Duluth Ship Canal bridge, mile 0.1 at Duluth, shall 
open on signal; except that, from January 1 through March 15, the draw 
shall open on signal if at least 24 hours notice is given. The opening 
signal is one prolonged blast, one short blast, one prolonged blast, one 
short blast. If the Duluth Ship Canal Bridge is disabled, the bridge 
authorities shall give incoming and outgoing vessels timely and 
dependable notice, by tug service if necessary, so that the vessels do 
not attempt to enter the canal. Vessels shall be given precedence over 
highway or railway traffic at all times.



Sec. 117.663  Minnesota River.

    (a) The draws of the bridges from the mouth of the Minnesota River 
through LeSueur shall open on signal if at least 24 hours notice is 
given.
    (b) The draws of bridges above LeSueur need not be opened for the 
passage of vessels.



Sec. 117.665  Red River of the North.

    The draws of the bridges need not be opened for the passage of 
vessels.



Sec. 117.667  St. Croix River.

    (a) The draws of the Burlington Northern Railroad Bridge, Mile 0.2, 
and the U.S. 16-61 bridge, Mile 0.3, at Prescott, and the Chicago and 
Northwestern railroad bridge, Mile 17.3, at Hudson, shall open on 
signal; except that, from December 15 through March 31, the draw shall 
open on signal if at least 24 hours notice is given.
    (b) The draw of the S36 Bridge Mile 23.4, at Stillwater, shall open 
on signal as follows:
    (1) From May 15 through October 15, Monday through Friday, except 
Federal holidays, from:
    (i) 8 a.m. to 11 a.m., every hour on the hour;
    (ii) 11 a.m. to 2:30 p.m., every half hour;
    (iii) 2:30 p.m. to 5:30 p.m., at 2:30 p.m., 4 p.m. and 5:30 p.m.;
    (iv) 6:30 p.m. to 10 p.m., every half hour; and
    (v) 10 p.m. to 8 a.m., upon at least two hours notice.
    (2) from May 15 through October 15, Saturdays, Sundays, and federal 
holidays from:
    (i) 8 a.m. to 9 a.m., every half hour;
    (ii) 9 a.m. to 8 p.m., every hour on the hour;
    (iii) 8 p.m. to midnight, every half hour; and
    (iv) Midnight to 8 a.m., upon at least two hours notice.
    (c) The draw of the Soo Line Railroad Bridge, Mile 40.7, at 
Otisville, need not be opened for the passage of vessels.

[CGD2-91-01, 56 FR 21303, May 8, 1991, as amended by 59 FR 63898, Dec. 
12, 1994]



Sec. 117.669  St. Louis River (Duluth Superior Harbor).

    (a) The draws of the Burlington Northern railroad bridge, mile 5.7, 
shall open on signal; except that, from January 1 through March 15, the 
draws shall open on signal if at least 24 hours notice is given. The 
opening signal for the Minnesota draw is one prolonged blast followed by 
two short blasts and for the Wisconsin draw is two prolonged blasts 
followed by two short blasts.
    (b) The draws of the Grassy Point bridge, mile 8.0, and the Arrow 
Head bridge, mile 8.7, shall open on signal; except that, from January 1 
through March 15, the draw shall open on signal if at least 24 hours 
notice is given. The opening signal for the Grassy Point bridge is two 
prolonged blasts followed by one short blast and for the Arrowhead 
bridge is three prolonged blasts.
    (c) The draw of the Duluth Missabe and Iron Range Railway bridge, 
mile 16.3, need not be opened for the passage of vessels. The owner 
shall return the draw to operable condition within a

[[Page 446]]

reasonable time when notified by the District Commander to do so.



Sec. 117.671  Upper Mississippi River.

    (a) The draws of all bridges between Lock and Dam No. 10, mile 
615.1, and Lock and Dam No. 2, mile 815.2, shall open on signal; except 
that, from December 15 through the last day of February, the draws shall 
open on signal if at least 24 hours notice is given.
    (b) The draws of all bridges between Lock and Dam No. 2, mile 815.2, 
and Lock and Dam No. 1, mile 847.6, shall open on signal; except that, 
from December 15 through the last day of February, the draws shall open 
on signal if at least 12 hours notice is given.

                               Mississippi



Sec. 117.675  Back Bay of Biloxi.

    (a) The draw of the US 90 bridge, mile 0.4, between Biloxi and Ocean 
Springs shall open on signal; except that, from 6:30 a.m. to 7:05 a.m., 
7:20 a.m. to 8:05 a.m., 4:00 p.m. to 4:45 p.m., and 4:55 p.m. to 5:30 
p.m, Monday through Friday except holidays, the draw need not open for 
the passage of vessels.
    (b) The draw of the I-110 bridge, mile 3.0 at Biloxi, shall open on 
signal if at least six hours notice is given.

[CGD8-85-05, 50 FR 27583, July 5, 1985]



Sec. 117.677  Big Sunflower River.

    The draw of the Columbus and Greenville railroad bridge, mile 96.1 
at Baird, shall open on signal if at least four hours notice is given.



Sec. 117.680  Industrial Seaway Canal.

    The draw of the Lorraine-Cowan Road Bridge across the Industrial 
Seaway Canal, mile 11.3, need not be opened from 6:30 a.m. to 8:30 a.m. 
and from 4:30 p.m. to 6 p.m., Monday through Friday, except Federal 
holidays.

[CGD08-96-056, 62 FR 31723, June 11, 1997]

    Effective Date Note: At 62 FR 31723, June 11, 1997, Sec. 117.680 was 
revised, effective July 11, 1997. For the convenience of the user, the 
superseded text is set forth as follows:
Sec. 117.680  Industrial Seaway Canal.
    The draw of the Lorraine-Cowan Road Bridge across the Industrial 
Seaway Canal, mile 11.3, shall open on signal; except that, the draw 
need not be opened from 7 a.m. to 8 a.m., from 12 noon to 1 p.m. and 
from 5 p.m. to 6 p.m., Monday through Friday, except holidays. The draw 
shall open on signal at any time for a vessel in distress, and the draw 
shall open on demand should a temporary surge in waterway traffic occur.

[CGD8-92-12, 57 FR 38609, Aug. 26, 1992]



Sec. 117.681  Old Fort Bayou.

    The draw of the bridge, mile 1.6 at Ocean Springs, shall open on 
signal; except that, from 9 p.m. to 5 a.m., the draw shall open on 
signal if at least eight hours notice is given to the Old Fort Bayou 
drawtender. During periods of storm or hurricane warnings issued by the 
National Weather Service, the draw shall open on signal at any time.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec. 117.683  Pascagoula River.

    The draw of the US90 bridge, mile 1.8 at Pascagoula, shall open on 
signal; except that, from 6:15 a.m. to 7:15 a.m., 7:25 a.m. to 8 a.m., 
and 3:30 p.m. to 4:45 p.m. Monday through Friday except Federal 
holidays, the draw need not be opened for the passage of vessels.

[CGD8-86-11, 52 FR 3639, Feb. 5, 1987]



Sec. 117.684  Pearl River.

    See Sec. 117.488, Pearl River, listed under Louisiana.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]



Sec. 117.685  Portage Bayou, Tchoutacabouffa and Wolf Rivers.

    (a) The draw of the Portage Bridge over Portage Bayou, mile 2.0, 
shall open on signal if at least two hours notice is given.
    (b) The draws of the Cedar Lake Road Bridge over the Tchoutacabouffa 
River, mile 8.0, and the Adams Bridge over the Wolf River, mile 1.3, 
shall open on signal if at least twenty-four hours notice is given.

[CGD8-92-03, 57 FR 27696, June 22, 1992]



Sec. 117.686  Yazoo River.

    (a) The draws of the Illinois Central Gulf railroad bridge, mile 
16.7 at Redwood, and the Satartia highway (S433) bridge, mile 53.3 at 
Satartia, shall open on signal if at least two hours notice is given. 
When a vessel has given notice

[[Page 447]]

and fails to arrive within the two hour period specified, the drawtender 
shall remain on duty for two additional hours and open the draw if the 
requesting vessel appears. After this time, an additional two hour 
notice is required.
    (b) The draws of the bridges upstream from the Satartia highway 
(S433) bridge shall open on signal if at least four hours notice is 
given. When a vessel has given notice and fails to arrive within the 
four hour period specified, the drawtender shall remain on duty for two 
additional hours and open the draw if the requesting vessel appears. 
After this time, an additional four hour notice is required.
[CGD 82-025, 49 FR 17452, Apr. 24, 1984. Redesignated at CGD8-92-03, 57 
FR 27696, June 22, 1992]

                                Missouri



Sec. 117.687  Missouri River.

    (a) The draws of the bridges across the Missouri River from the 
mouth to St. Joseph, shall open on signal; except that, from December 16 
through the last day of February, the draws shall open on signal if at 
least 24 hours notice is given.
    (b) The lift span of the A-S-B highway and railway bridge, Mile 
365.6, between Kansas City, Kansas, and Kansas City, Missouri, is 
operated from a remote location. Radiotelephone contact may be 
established with the remotely located bridge/train controller to request 
bridge openings. The bridge is also equipped with a directional 
microphone and horn to receive and deliver signals to vessels not 
equipped with a radiotelephone. Closed circuit TV cameras located at the 
bridge enable the remotely located bridge/train controller to view both 
river traffic and the bridge itself.
    (1) When an approaching vessel requires a bridge opening, contact 
shall be established with the bridge/train controller by radiotelephone 
or appropriate signals prescribed in Sec. 117.15.
    (2) The bridge/train controller will confirm by radiotelephone or 
sound signal that the bridge will open promptly.
    (3) When rail traffic is on bridge, the bridge/train controller will 
inform the vessel that bridge cannot be opened and will also give an 
approximate time of bridge opening via radiotelephone. The bridge/train 
controller will indicate via sound signals that lift span cannot be 
opened if the vessel doesn't have a radiotelephone, or if radiotelephone 
is not used.
    (4) When the bridge is clear of rail traffic, the bridge/train 
controller will advise the waiting vessel by radiotelephone or sound 
signal of the intended opening. The lift span will be raised to its full 
height, and the midchannel bridge lights will change from red to green.
    (5) The bridge/train controller will monitor the vessel's passage 
via closed circuit TV and radiotelephone until it has cleared the 
bridge.
    (6) When the vessel has cleared the draw, midchannel bridge 
navigation lights will change from green to red and the lift span will 
be lowered to the closed-to-navigation position.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD2 84-03, 50 FR 
47391, Nov. 18, 1985]



Sec. 117.689  Osage River.

    The draw of the Missouri Pacific Railroad bridge, mile 5.6 at Osage 
City, need not be opened for the passage of vessels.

                                Nebraska



Sec. 117.691  Missouri River.

    The draw of the Illinois Central Gulf railroad bridge, mile 618.3 at 
Omaha, shall open on signal; except that, from December 1 through the 
last day of February, the draw shall open on signal if at least 24 hours 
notice is given.

                              New Hampshire



Sec. 117.697  Hampton River.

    The SR1A bridge, mile 0.0 at Hampton, operates as follows:
    (a) The draw shall open on signal from April 1 through October 31 
for the passage of vessels during daylight hours from three hours before 
to three hours after each high tide. ``Daylight hours'' means one-half 
hour before sunrise to one-half hour after sunset. High tide occurs one-
half hour later than the time of high tide for Portland, Maine, as 
published in the tide tables by the

[[Page 448]]

National Oceanic and Atmospheric Administration. At all other times, the 
draw shall open on signal if at least three hours notice is given.
    (b) The owners of the bridge shall provide and keep in good legible 
condition two board gages painted white with black figures not less than 
six inches high to indicate the vertical clearance under the closed draw 
at all stages of the tide. The gages shall be so placed on the bridge 
that they are plainly visible to operators of vessels approaching the 
bridge either up or downstream.
    (c) Vessels which can pass under the closed draw with a clearance of 
one foot or more shall not signal for the opening of the draw. In case a 
vessel gives the prescribed signal and the drawtender is uncertain as to 
whether the vessel can safely pass, the drawtender shall open the draw. 
If the drawtender finds that there would have been a clearance of one 
foot or more had the draw remained closed, the matter shall be reported 
immediately to the District Commander, giving the name of the vessel, 
the time of opening the draw, the clearance under the bridge as 
indicated by the gage at the time of opening the draw, and the 
approximate vertical clearance required by the vessel.



Sec. 117.699  Little Harbor.

    The draw of the SR1B bridge, mile 1.0 between New Castle and Rye, 
shall open on signal from April 1 through October 31 from 6 a.m. to 10 
p.m. if at least four hours notice is given. At all other times, the 
draw shall open as soon as possible only for emergencies.



Sec. 117.700  Piscataqua River.

    See Sec. 117.531, Piscataqua River, listed under Maine.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]

                               New Jersey



Sec. 117.701  Alloway Creek.

    (a) The draws of the Salem County bridges, miles 5.1 at Hancocks 
Bridge, and 6.5 at New Bridge, shall open on signal if at least 24 hours 
notice is given.
    (b) The draw of the S49 bridge, mile 9.5 at Quinton, need not be 
opened for the passage of vessels.



Sec. 117.703  Bass River.

    The draw of the U.S. 9 bridge, mile 2.6, at New Gretna, shall 
operate as follows:
    (a) The draw shall open on signal if at least six hours notice is 
given, except that public vessels of the United States, State and local 
vessels used for public safety, and vessels in distress shall be passed 
as soon as possible.
    (b) The owners of this bridge shall provide and keep in good legible 
condition clearance gauges for the draw span with figures not less than 
12 inches high designed, installed and maintained in accordance with the 
provisions of Sec. 118.160 of this chapter.


[CGD5-91-031, 57 FR 22175, May 27, 1992]



Sec. 117.705  Beaver Dam Creek.

    The draw of the Ocean County bridge, mile 0.5 at Point Pleasant, 
shall open on signal from June 1 through September 30 and from 8 a.m. to 
4 p.m. during April, May, October, and November. At all other times, the 
draw shall open on signal if at least 24 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec. 117.709  Cheesequake Creek.

    (a) The draw of the S35 bridge, mile 0.0 at Morgan, South Amboy, 
shall open on signal; except that, from May 15 through October 15 from 7 
a.m. to 7 p.m., the draw need only open on the hour. From December 1 
through March 31 from 11 p.m. to 7 a.m., the draw need not be opened for 
the passage of vessels.
    (b) The draw of the New Jersey Transit Rail Operations railroad 
bridge, mile 0.2, operates as follows:
    (1) The draw shall open on signal; except that, at least four hours 
notice is required--
    (i) From January 1 through March 31 from 6 p.m. to 6 a.m.;
    (ii) From April 1 through April 30 and November 1 through November 
30 from 10 p.m. to 6 a.m. Monday through Thursday, and midnight Sunday 
through 6 a.m. Monday; and

[[Page 449]]

    (iii) From December 1 through December 31 from 10 p.m. to 6 a.m.
    (2) The owners of the bridge shall provide and keep in good legible 
condition two board gages painted white with black figures not less than 
eight inches high to indicate the vertical clearance under the closed 
draw at all stages of the tide. The gages shall be so placed on the 
bridge that they are plainly visible to operators of vessels approaching 
the bridge either up or downstream.



Sec. 117.711  Cohansey River.

    The draw of the Broad Street bridge, mile 18.2 at Bridgeton, need 
not be opened for the passage of vessels.



Sec. 117.713  Cooper River.

    (a) The draws of the State Street bridge, mile 0.3, the Conrail 
bridge at North River Avenue, mile 0.9, and the Federal Street bridge, 
mile 1.0, both at Camden, shall open on signal if at least four hours 
notice is given.
    (b) The draw of the Admiral Wilson Boulevard bridge, mile 1.1 at 
Camden, need not be opened for the passage of vessels. However, the draw 
shall be returned to operable condition within six months after 
notification by the District Commander to do so.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec. 117.714  Corson Inlet.

    The draw of the Corson Inlet bridge, mile 0.9, at Strathmere, shall 
open on signal; except that from October 1 through May 15, from 10 p.m. 
to 6 a.m., the draw need only open if at least two hours notice is 
given.

[CGD05-96-101, 62 FR 24339, May 5, 1997]



Sec. 117.715  Debbies Creek.

    The draw of the Monmouth County highway bridge, mile 0.4 at 
Manasquan, shall open on signal; except that, from Memorial Day through 
Labor Day from 7 a.m. to 8 p.m., the draw need be opened only on the 
hour and the half hour if any vessels are waiting to pass. The owners of 
the bridge shall provide and keep in good legible condition two board 
gages painted white with black figures not less than eight inches high 
to indicate the vertical clearance under the closed draw at all stages 
of the tide. The gages shall be so placed on the bridge that they are 
plainly visible to operators of vessels approaching the bridge either up 
or downstream.

[CGD 82-025, 49 FR 43460, Oct. 29, 1984]



Sec. 117.716  Delaware River.

    The following requirements apply to all drawbridges across the 
Delaware River:
    (a) The draws of railroad bridges need not be opened when there is a 
train in the bridge block approaching the bridge with the intention of 
crossing, or within five minutes of the known time of the passage of a 
scheduled passenger train.
    (b) The opening of a bridge may not be delayed more than five 
minutes for a highway bridge or 10 minutes for a railroad bridge, after 
the signal to open is given.
    (c) The owners of drawbridges shall provide and keep in good legible 
condition two board gages painted white with black figures not less than 
six inches high to indicate the vertical clearance under the closed draw 
at all stages of the tide. The gages shall be so placed on the bridge 
that they are plainly visible to operators of vessels approaching the 
bridge either up or downstream.

[CGD 82-025, 49 FR 43460, Oct. 29, 1984]



Sec. 117.719  Elizabeth River.

    (a) The draw of the South Front Street bridge, mile 0.0 at 
Elizabeth, shall open on signal; except that, from 12 midnight to 7 
a.m., the draw shall open on signal if at least three hours notice is 
given.
    (b) The draws of the South First Street bridge, mile 0.4 at 
Elizabeth, shall open on signal if at least three hours notice is given.
    (c) The draws of the New Jersey Transit Rail Operations railroad 
bridge, mile 0.7, the Baltic Street bridge, mile 0.9, the Summer Street 
bridge, mile 1.3, the South Street bridge, mile 1.8, and the Bridge 
Street bridge, mile 2.1, all at Elizabeth, need not be opened for the 
passage of vessels.

[[Page 450]]



Sec. 117.723  Hackensack River.

    (a) The following requirements apply to all bridges across the 
Hackensack River:
    (1) Public vessels of the United States, state or local vessels used 
for public safety, and vessels in distress shall be passed through the 
draw of each bridge as soon as possible without delay. The opening 
signal for these vessels is four or more short blasts of a whistle or 
horn, or a radio request.
    (2) The owners of each bridge shall provide and keep in good legible 
condition clearance gauges for each draw, with figures not less than 18 
inches high for bridges below the turning basin at mile 4.0, and 12 
inches high for bridges above mile 4.0. The gauges shall be designed, 
installed and maintained according to the provisions of section 118.160 
of this chapter.
    (3) Train and locomotives shall be controlled so that any delay in 
opening the draw shall not exceed 10 minutes except as provided in 
paragraph (a)(1) of this section. However, if a train moving toward the 
bridge has crossed the home signal for the bridge before the signal 
requesting the opening of the bridge is given, the train may continue 
across the bridge and must clear the bridge interlocks before stopping 
or reversing.
    (4) New Jersey Transit Rail Operations' (NJTRO) roving crews shall 
consist of two qualified operators on each shift, each having a vehicle 
which is equipped with marine and railroad radios, a cellular telephone, 
and emergency bridge repair and maintenance tools. This crew shall be 
split with one drawtender stationed at Upper Hack and the other 
drawtender at the HX drawbridge. Adequate security measures shall be 
provided to prevent vandalism to the bridge operating controls and 
mechanisms to ensure prompt openings of NJTRO bridges.
    (5) Except as provided in paragraphs (b) through (h) of this 
section, the draws shall open on signal.
    (b) Except as provided in paragraph (a)(1) of this section, the draw 
of the NJTRO Lower Hack Bridge, mile 3.4 at Jersey City shall open on 
signal if at least one hour advance notice is given to the drawtender at 
the Upper Hack bridge, mile 6.9 at Secaucus, New Jersey. In the event 
the HX drawtender is at the Newark/Harrison (Morristown Line) Bridge, 
mile 5.8 on the Passaic River, up to an additional half hour delay is 
permitted.
    (c) Except as provided in paragraph (a)(1) of this section, the draw 
of AMTRAK's Portal bridge, mile 5.0 at Little Snake Hill, need not be 
opened Monday through Friday, except federal holidays, from 7:20 a.m. to 
9:20 a.m. and from 4:30 p.m. to 6:50 p.m. At all other times, an opening 
may not be delayed for more than 10 minutes, unless the drawtender and 
the vessel operator communicating by radiotelephone, agree to a longer 
delay.
    (d) Except as provided in paragraph (a)(1) of this section, the draw 
of the NJTRO Upper Hack Bridge, mile 6.9 at Secaucus, N.J. shall open on 
signal unless the drawtender is at the HX bridge, mile 7.7 at Secaucus, 
N.J. over the Hackensack River; then up to a half hour delay is 
permitted.
    (e) Except as provided in paragraph (a)(1) of this section, the draw 
of the NJTRO HX bridge, mile 7.7 at Secaucus, shall open on signal if at 
least one half hour notice is given to the drawtender at the Upper Hack 
Bridge.
    (f) Except as provided by paragraph (a)(1) of this section, the draw 
of the S46 bridge mile 14.0 at Little Ferry, shall open on signal if at 
least six hours notice is given.
    (g) The draw of the Harold J. Dillard Memorial (Court Street) 
bridge, mile 16.2 at Hackensack, N.J. shall open on signal from 7 a.m. 
to 11 p.m. From 11 p.m. to 7 a.m., and at all times on weekends and 
Federal Holidays, the draw shall open on signal if at least eight hours 
notice is given to the drawtender or the Bergen County Police 
Communication Center in Hackensack, New Jersey, except as provided by 
paragraph (a)(1) of this section.
    (h) The draw of the New York Susquehanna and Western Railroad 
bridge, mile 16.3, and the Midtown bridge, mile 16.5, both at 
Hackensack, need not be opened for the passage of vessels, however, the 
draws shall be restored to operable condition within 12 months after 
notification by the District Commander to do so.

[CCGD01-91-029, 58 FR 39148, July 22, 1993]

[[Page 451]]



Sec. 117.725  Manantico Creek.

    The draw of the highway bridge, mile 0.5 at Millville, need not be 
opened for the passage of vessels.



Sec. 117.727  Manasquan River.

    The draw of the S70 bridge, mile 3.4 at Riviera Beach, shall open on 
signal from 7 a.m. to 11 p.m. The draw need not be opened from 11 p.m. 
to 7 a.m.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec. 117.729  Mantua Creek.

    (a) The draw of the CONRAIL railroad bridge, mile 1.4 at Paulsboro, 
shall open on signal except, that from December 1 to March 1 the draw 
shall open on signal at all times upon four hours notice.
    (b) The draw of the S.R. 44 bridge, mile 1.7, at Paulsboro, shall 
open on signal from March 1 through November 30 from 7 a.m. to 11 p.m., 
and shall open on signal at all other times upon four hours notice.

[CGD3 84-33, 50 FR 30270, July 25, 1985]



Sec. 117.731  Maurice River.

    The draw of the Cumberland County bridge, mile 12.1 at Mauricetown, 
need not be opened for the passage of vessels.



Sec. 117.731a  Mullica River.

    The draws of the bridges listed in this section shall open on 
signal, except as follows:
    (a) The draw of the Lower Bank bridge, mile 15.0, need not open 
during the following periods unless at least four hours notice is given:
    (1) From May 1 through November 30, from 11 p.m. to 7 a.m.
    (2) From December 1 through April 30, at all times.
    (b) The draw of the Green Bank bridge, mile 18.0, need not open 
unless at least four hours notice is given during the following periods:
    (1) April 1 through November 30, from 11 p.m. to 7 a.m.
    (2) December 1 through March 31, at all times.
    (c) The draws shall open as soon as possible during the periods when 
four hours notice is required for vessels in distress, public vessels of 
the United States, and state and local vessels used for public safety 
purposes.

[CGD5-87-065, 53 FR 406, Jan. 7, 1988, as amended by CGD05 94-093, 60 FR 
51732, Oct. 3, 1995]



Sec. 117.732  Nacote Creek.

    (a) The Route 9 bridge, mile 1.5, shall open on signal, except that 
from 11 p.m. to 7 a.m., the draw shall open if at least two hours notice 
is given.
    (b) The draw of the Atlantic County (Rte. 575) bridge, mile 3.5 at 
Port Republic, shall open on signal if at least eight hours notice is 
given.

[CGD05-94-065, 61 FR 29960, June 13, 1996]



Sec. 117.733  New Jersey Intracoastal Waterway.

    (a) The following requirements apply to all bridges listed in this 
section:
    (1) Except as otherwise provided in this section, these bridges need 
not stay open for more than 10 minutes for the passage of vessels nor 
need they stay closed for more than 10 minutes for the passage of land 
traffic.
    (2) The owners of these bridges shall provide and keep in good 
legible condition two board gages painted white with black figures not 
less than six inches high to indicate the vertical clearance under the 
closed draw at all stages of the tide. The gages shall be so placed on 
the bridge that they are plainly visible to operators of vessels 
approaching the bridge either up or downstream.
    (b) The draw of the Route 35 bridge, mile 1.1 (Manasquan River) at 
Brielle shall open on signal; except that, from Memorial Day through 
Labor Day on Saturdays, Sundays, and Federal holidays from 10 a.m. to 8 
p.m., the draw need only open on the hour and half hour. The draw shall 
open at all times as soon as possible for passage of a public vessel of 
the United States or for a vessel in distress.
    (c) The draw of the County Route 528 bridge across Barnegat Bay, 
mile 6.3 at Mantoloking shall open on signal; except that on Saturday, 
Sunday, and Federal holidays from Memorial Day through Labor Day from 9 
a.m. to 6 p.m., the draw need be opened only on the hour, twenty minutes 
after the hour, and forty minutes after the hour.

[[Page 452]]

The draw shall open at all times as soon as possible for a public vessel 
of the United States, a vessel in distress or for a vessel with tow.
    (d) The draw of the S37 bridge across Barnegat Bay, mile 14.1 at 
Seaside Heights, shall open on signal except as follows:
    (1) From December 1 through March 31 from 11 p.m. to 7 a.m., the 
draw need not be opened.
    (2) From Memorial Day through Labor Day from 10 a.m. to 2 p.m. 
Saturdays, Sundays, and Federal holidays, the draw need only be opened 
on the hour and half hour, except that it shall open at any time for the 
passage of vessels with tows.
    (e) The draw of the AMTRAK New Jersey Transit Rail Operations 
(NJTRO) automated railroad swing bridge across Beach Thorofare, mile 
68.9 at Atlantic City shall operate as follows:
    (1) Open on signal from 11 p.m. to 6 a.m. From 6 a.m. to 11 p.m., 
the draw shall open on signal from 20 minutes to 30 minutes after each 
hour and remain open for all awaiting vessels.
    (2) Opening of the draw span may be delayed for ten minutes except 
as provided in Sec. 117.31(b). However, if a train is moving toward the 
bridge and has crossed the home signal for the bridge before the signal 
requesting opening of the bridge is given, that train may continue 
across the bridge and must clear the bridge interlocks before stopping.
    (3) When the bridge is not tended locally and/or is operated from a 
remote location, sufficient, closed circuit TV cameras shall be operated 
and maintained at the bridge site to enable the remotely located bridge/
train controller to have full view of both river traffic and the bridge.
    (4) Radiotelephone Channels 13 (156.65 Mhz) and 16 (156.8 Mhz) VHF-
FM, shall be maintained and utilized to facilitate communication in both 
remote and local control locations. The bridge shall also be equipped 
with directional microphones and horns to receive and deliver signals to 
vessels within a mile that are not equipped with radiotelephones.
    (5) Whenever the remote control system equipment is partially 
disabled or fails for any reason, the bridge shall be physically tended 
and operated by local control. Personnel shall be dispatched to arrive 
at the bridge as soon as possible, but not more than one hour after 
malfunction or disability of the remote system. Mechanical bypass and 
override capability for remote operation shall be provided and 
maintained.
    (6) When the draw is opening and closing, or is closed, yellow 
flashing lights located on the ends of the centers piers shall be 
displayed continuously until the bridge is returned to the fully open 
position.
    (f) The draw of the Albany Avenue (US40-322) bridge across Inside 
Thorofare, mile 70.0 at Atlantic City, shall open on signal, except that 
from June 1 through September 30 from 9 a.m. to 4 p.m. and from 6 p.m. 
to 9 p.m., the draw shall open on signal only on the hour and half hour 
and from 4 p.m. to 6 p.m., the draw need not be opened.
    (g) The draw of the Dorset Avenue bridge across Inside Thorofare, 
mile 71.2 at Ventnor City, shall open on signal; except that, from June 
1 through September 30, from 9:15 a.m. to 9:15 p.m., the draw need be 
opened only on the quarter and three-quarter hours. Public vessels of 
the United States and vessels in distress shall be passed at any time.
    (h) The draw of the Route 52 (Ninth Street) bridge, mile 80.4 at 
Ocean City, shall open on signal:
    (1) Except from Memorial Day through Labor Day from 10 a.m. to 8 
p.m. on Saturdays, Sundays, and Federal holidays, the draw must be 
opened only on the hour and half-hour.
    (2) At any time for public vessels of the United States, vessels 
with another vessel in tow, and vessels in distress.
    (j) The draw of the Cape May County Bridge Commission bridge, mile 
104.0 between Stone Harbor and Nummy Island, shall open on signal from 
May 15 through October 15 from 6 a.m. to 10 p.m., and from 10 p.m. to 6 
a.m. if at least four hours notice is given. From October 16 through May 
14, the draw shall open on signal if at least 24 hours notice is given. 
Public vessels of the United States shall be passed as soon as possible 
at any time.

[CGD3 85-42, 50 FR 26712, June 28, 1985, as amended by CGD5-87-028, 52 
FR 25374, July 7, 1987; CGD05-94-092, 60 FR 53130, Oct. 12, 1995]

[[Page 453]]



Sec. 117.734  Navesink River (Swimming River).

    The owners of all bridges over the waterway shall provide and keep 
in good legible condition two broad gages painted white with black 
figures not less than eight inches high to indicate the vertical 
clearance under the closed draw at all stages of the tide. The gages 
shall be so placed on the bridge that they are plainly visible to 
operators of vessels approaching the bridge either up or downstream.

[CGD3 85-42, 50 FR 26712, June 28, 1985]



Sec. 117.735  Newark Bay.

    The following requirements apply to all bridges across this 
waterway:
    (a) Public vessels of the United States, state or local vessels used 
for public service, and vessels in distress shall be passed through the 
draw without delay. The opening signal from these vessels is four or 
more short blasts of a whistle or horn or a radio request.
    (b) The owners of these bridges shall provide and keep in good 
legible condition two board gages painted white with black figures not 
less than 12 inches high to indicate the vertical clearance under the 
closed draw at all stages of the tide. The gages shall be so placed on 
the bridge that they are plainly visible to operators of vessels 
approaching the bridge either up or downstream.
    (c) Trains and locomotives shall be controlled so that any delay in 
opening the draw span shall not exceed five minutes. However, if a train 
moving toward the bridge has crossed the home signal for the bridge 
before the signal requesting opening of the bridge is given, the train 
may continue across the bridge and must clear the bridge interlocks 
before stopping.

[CGD3 85-42, 50 FR 26712, June 28, 1985]



Sec. 117.736  Oceanport Creek.

    The draw of the New Jersey Transit Rail Operations bridge, mile 8.4 
near Oceanport, shall open on signal from May 15 through September 15 
between 5 a.m. and 9 p.m.; except that, the bridge need not open 6 a.m. 
to 7:45 a.m. and 5:30 p.m. to 7:30 p.m on weekdays except holidays. The 
draw shall open on signal upon four hours notice from May 15 through 
September 15 between 9 p.m. and 5 a.m., and from September 16 through 
May 14; except that, the draw need not be opened from 6 a.m. to 7:45 
a.m. and 5:30 p.m. to 7:30 p.m. on weekdays except holidays. Public 
vessels of the United States and vessels in distress shall be passed as 
soon as possible at any time.

[CGD 82-025, 49 FR 43461, Oct. 29, 1984. Redesignated by CGD3 85-42, 50 
FR 26712, June 28, 1985]



Sec. 117.737  Oldmans Creek.

    The draws of the US30 bridge, mile 3.1 at Nortonville, the Conrail 
railroad bridge, mile 4.0 at Jumbo, and the Salem County bridge, mile 
5.1 at Pedricktown, need not be opened for the passage of vessels. 
However, the draws of any of these bridges shall be restored to operable 
condition within six months after notification by the District Commander 
to do so.



Sec. 117.738  Overpeck Creek.

    (a) The draws of the Conrail and the New York, Susquehanna and 
Western railroad bridges, mile 0.0 both at Ridgefield Park, NJ, operate 
as follows:
    (1) The draws shall open on signal if at least 24 hours notice is 
given.
    (2) Public vessels of the United States, state or local vessels used 
for public safety, and vessels in distress shall be passed through the 
draw of each bridge as soon as possible.
    (3) The owners of these bridges shall provide and keep in good 
legible condition two boad gages painted white with black figures not 
less than 12 inches high to indicate the vertical clearance under the 
closed draw at all stages of the tide. The gages shall be so placed on 
the bridge that they are plainly visible to operators of vessels 
approaching the bridge either up or downstream.
    (b) Trains and locomotives shall be controlled so that any delay in 
opening the draw span shall not exceed five minutes. However, if a train 
moving toward the bridge has crossed the home signal for the bridge 
before the signal requesting opening of the bridge is given, the train 
may continue across

[[Page 454]]

the bridge and must clear the bridge interlocks before stopping.

[CGD3 85-42, 50 FR 26713, June 28, 1985]



Sec. 117.739  Passaic River.

    (a) The following requirements apply to all bridges in this section 
across the Passaic River:
    (1) The owners of these bridges shall provide, and keep in good 
legible condition, clearance gauges with figures not less than twelve 
(12) inches high designed, installed and maintained according to the 
provisions of Sec. 118.160 of this chapter.
    (2) New Jersey Transit Rail Operations' (NJTRO) roving crews shall 
consist of an adequate number of operators to ensure NJTRO bridges are 
operated according to the requirements of this section.
    (b) The draw of the Routes 1 & 9 (Lincoln Highway) Bridge, mile 1.8, 
at Newark, shall open on signal if at least four hours notice is given.
    (c) The draw of CONRAIL's Point-No-Point Railroad Bridge, mile 2.6, 
at Newark, shall open on signal if at least four hours notice is given 
to the CONRAIL Movement Desk. After the signal to open is given, the 
opening may be delayed no more than ten minutes.
    (d) The draw of the Jackson Street Bridge, mile 4.6, at Harrison, 
shall open on signal; except that notice must be given before 2:30 a.m. 
for openings between 3 a.m. and 8:30 a.m. and before 2:30 p.m for 
openings between 4:30 p.m. and 7 p.m.
    (e) The draw of Amtrak's Dock Bridge, mile 5.0, at Harrison, shall 
open on signal; except that from 7:20 a.m. to 9:20 a.m. and 4:30 p.m. to 
6:50 p.m., Monday through Friday except federal holidays, the draw need 
not be opened. At all other times, an opening may be delayed no more 
than ten minutes, unless the drawtender and the vessel operator, 
communicating by radiotelephone, agree to a longer delay.
    (f) The draw of the Bridge Street Bridge, mile 5.6, at Harrison, 
shall open on signal; except that notice must be given before 2:30 a.m. 
for openings between 3 a.m. and 8:30 a.m. and before 2:30 p.m. for 
openings between 4:30 p.m. and 7 p.m.
    (g) The draw of the NJTRO Newark-Harrison (Morristown Line) Bridge, 
mile 5.8, at Harrison, New Jersey shall open on signal if at least one 
hour advance notice is given to the drawtender at Upper Hack Bridge mile 
6.9, across the Hackensack River at Secaucus, N.J. In the event the HX 
drawtender is at the Lower Hack Bridge, mile 3.4 on the Hackensack 
River, at Jersey City then up to an additional half hour delay in 
opening is permitted. After the signal to open is given, the opening may 
be delayed no more than ten minutes. From 7:15 a.m. to 9 a.m. and from 
4:30 p.m. to 6:50 p.m., Monday through Friday except federal holidays, 
the draw need not open.
    (h) The draw of the Route 280 (Stickel Memorial) Bridge, mile 5.8, 
at Harrison, shall open on signal if at least eight hours notice is 
given. In an emergency, the draw shall open as soon as possible but not 
more than two hours after the opening request.
    (i) The draw of the Clay Street Bridge, mile 6.0, at Harrison, shall 
open on signal; except that notice must be given before 2:30 a.m. for 
openings between 3 a.m. and 8:30 a.m. and before 2:30 p.m. for openings 
between 4:30 p.m. and 7 p.m.
    (j) The draw of the Route 7 (Rutgers Street) Bridge, mile 6.9, at 
Belleville, shall open on signal if at least four hours notice is given.
    (k) The draw of the NJTRO (West Arlington) Bridge, mile 8.0, at 
Kearney, shall open on signal from 7 a.m. to 11 p.m. if at least eight 
hours notice is given. After the signal to open is given, the opening 
may be delayed no more than ten minutes. From 11 p.m. to 7 a.m., the 
draw need not be opened.
    (l) The draw of the Avondale Bridge, mile 10.7, at Lyndhurst, shall 
open on signal; except that notice must be given before 2:30 a.m. for 
openings between 3 a.m. and 8:30 a.m. and before 2:30 p.m. for openings 
between 4:30 p.m. and 7 p.m.
    (m) The draw of the NJTRO Bridge, mile 11.7, at Lyndhurst, shall 
open on signal from 8 a.m. to 4 p.m. if at least six hours notice is 
given. After the signal to open is given, the opening may be delayed no 
more than ten minutes. From 4 p.m. to 8 a.m., the draw need not be 
opened.
    (n) The draw of the Route 3 Bridge, mile 11.8, at Rutherford, shall 
open on

[[Page 455]]

signal if at least six hours notice is given.
    (o) The draw of the Douglas O. Mead (Union Avenue) Bridge, mile 
13.2, at Rutherford, shall open on signal; except that:
    (1) From 4 p.m. to 8 a.m., the draw shall open if at least eight 
hours notice is given; and
    (2) On Christmas and New Year's Day, the draw shall open if notice 
is given prior to 4 p.m. the day prior.
    (p) The draw of the following bridges need not be opened for the 
passage of vessels:
    (1) Gregory Avenue Bridge, mile 14.0, at Wallington.
    (2) Second Street Bridge, mile 14.7, at Wallington.
    (3) West Eighth Street Bridge, mile 15.3, at Garfield.

[CGD01-95-171, 62 FR 6485, Feb. 12, 1997]



Sec. 117.741  Raccoon Creek.

    The draws of the Route 130 highway bridge, mile 1.8 and the Conrail 
railroad bridge, mile 2.0, both at Bridgeport shall open on signal March 
1 through November 30 from 7 a.m. to 11 p.m. At all other times, the 
draws shall open on signal if at least four hours notice is given. The 
draws shall open at all times as soon as possible for passage of a 
public vessel of the United States.

[CGD3 85-04, 50 FR 27582, July 5, 1985]



Sec. 117.743  Rahway River.

    The draw of the Conrail bridge, mile 2.0 at Linden, shall open on 
signal from April 1 through November 30 from 6 a.m. to 10 p.m. At all 
other times, the draw shall open on signal if at least four hours notice 
is given.



Sec. 117.745  Rancocas River (Creek).

    (a) The following requirements apply to all bridges across the 
Rancocas River (Creek):
    (1) Public vessels of the United States, state or local vessels used 
for public safety and vessels in distress shall be passed through the 
draw of each bridge as soon as possible without delay at any time. The 
opening signal from these vessels is four or more short blasts of a 
whistle or horn, or a radio request.
    (2) The owners of these bridges shall provide and keep in good 
legible condition clearance gauges for each draw with figures not less 
than 12 inches high designed, installed and maintained according to the 
provisions of Sec. 118.160 of this chapter.
    (3) Trains and locomotives shall be controlled so that any delay in 
opening the draw span shall not exceed ten minutes. However, if a train 
moving toward the bridge has crossed the home signal for the bridge 
before the signal requesting opening of the bridge is given, that train 
may continue across the bridge and must clear the bridge interlocks 
before stopping or reversing.
    (b) The draws of the SR#543 bridge, mile 1.3 at Riverside, the 
Conrail bridge, mile 1.6 at Delanco and the SR#38 bridge, mile 7.8 at 
Centerton, shall operate as follows:
    (1) From April 1 through October 31 open on signal from 7 a.m. to 11 
p.m.
    (2) From November 1 through March 31 from 7 a.m. to 11 p.m., open on 
signal if at least 24 hours notice is given, except as provided in 
paragraph (a)(1) of this section.
    (3) Year round from 11 p.m. to 7 a.m. need not open for the passage 
of vessels, except as provided in paragraph (a)(1) of this section.

[CGD5 91-054, 58 FR 40591, July 29, 1993]



Sec. 117.747  Raritan River, Arthur Kill, and their tributaries.

    The draws of all bridges shall open on signal; except that, from 
7:30 a.m. to 10 a.m. and 5 p.m. to 7:30 p.m., the draws may be opened 
for the passage of vessels for periods no longer than 10 minutes or 
remain closed for the passage of land traffic for no longer than 10 
minutes. Public vesels of the United States and state or local vessels 
used for public safety shall be passed at any time. The owners of each 
bridge shall maintain a tug at the drawbridge to control and aid in the 
passage of vessels. The owners shall provide and keep in good legible 
condition two board gages painted white with black figures not less than 
eight inches high to indicate the vertical clearance under the closed 
draw at all stages of the tide. The gages shall be so placed on the 
bridges

[[Page 456]]

that they are plainly visible to operators of vessels approaching the 
bridges either up or downstream.



Sec. 117.749  Salem River.

    The draw of the S49 bridge, mile 3.5 at Salem, shall open on signal 
if at least 24 hours notice is given.



Sec. 117.750  Schellenger Creek.

    The draw of the Cape May County bridge, mile 0.3 at Cape May, need 
not be opened for the passage of vessels.

[CGD 82-025, 49 FR 43462, Oct. 29, 1984]



Sec. 117.751  Shark River (South Channel).

    The draws of S71 bridge, mile 0.8, the railroad bridge, mile 0.9, 
and the S35 bridge, mile 0.9, all at Avon, operate as follows:
    (a) The bridges operate as one unit. The owners shall provide signal 
systems so connected that the operator of any of the bridges may 
simultaneously notify the operators of the other two. The operator of 
the first bridge to be passed shall be responsible for observing the 
approach of vessels, for receiving and acknowledging signals, and for 
coordinating the opening of the other draws.
    (b) The draws shall open on signal; except that, from May 15 through 
September 30 from 4 p.m. to 7 p.m. Monday through Friday except Federal 
holidays and from 9 a.m. to 9 p.m. Saturdays, Sundays, and holidays, the 
draw need be opened only on the hour and half hour if a vessel is 
waiting to pass.
    (c) The owners of the bridges shall provide and keep in good legible 
condition two board gages painted white with black figures not less than 
eight inches high to indicate the vertical clearance under the closed 
draw at all stages of the tide. The gages shall be so placed on the 
bridges that they are plainly visible to operators of vessels 
approaching the bridges either up or downstream.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984]



Sec. 117.753  Ship Channel, Great Egg Harbor Bay.

    The draw of the S52 (Ship Channel) bridge, mile 0.5 between Somers 
Point and Ocean City shall open:
    (a) From 11 p.m. to 7 a.m.:
    (1) As soon as possible, but no longer than 30 minutes after a 
request for an opening, for any public vessel of the United States, 
state and local vessel used for public safety, vessel with another 
vessel in tow, or vessel in distress.
    (2) On signal, if at least 24 hours advance notice is given for any 
other vessel.
    (b) From Memorial Day through Labor Day, from 10 a.m. to 8 p.m., on 
Saturdays, Sundays, and Federal holidays:
    (1) On signal for any public vessel of the United States, state and 
local vessel used for public safety, vessel with another vessel in tow, 
vessel in distress, or commercial vessel.
    (2) Only on the hour and half-hour, for any recreational vessel.
    (c) At all other times, on signal for any vessel.

[CGD5-87-051, 54 FR 25, Jan. 3, 1989]



Sec. 117.755  Shrewsbury River.

    (a) The draw of the S36 bridge, mile 1.8 at Highlands, shall open on 
signal; except that, from Memorial Day through Labor Day on Saturdays, 
Sundays, and holidays from 10 a.m. to 7 p.m., the draw need be opened 
only on the hour and half hour. The owners of the bridge shall provide 
and keep in good legible condition two board gages painted white with 
black figures not less than eight inches high to indicate the clearance 
under the closed draw at all stages of the tide. The gages shall be so 
placed on the bridge that they are plainly visible to operators of 
vessels approaching the bridge either up or downstream.
    (b) The draw of the Monmouth County highway bridge, mile 4.0 at Sea 
Bright, shall open on signal; except that, from May 15 through September 
30 on Saturdays, Sundays, and holidays from 9 a.m. to 7 p.m., the draw 
need be opened only on the hour and half hour. The draw need not be 
opened at any time for a sailboat, unless it is under auxiliary power or 
is towed by a powered vessel. The owners of the bridge shall provide and 
keep in good legible condition two board gages painted white with black 
figures not less than eight inches high to indicate the clearance under 
the closed draw at all

[[Page 457]]

stages of the tide. The gages shall be so placed on the bridge that they 
are plainly visible to operators of vessels approaching the bridge 
either up or downstream.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD3 83-058, 50 
FR 6169, Feb. 14, 1985]



Sec. 117.756  South River.

    The draw of the Conrail bridge, mile 2.8 at South River shall open 
on weekdays (exclusive of holidays) from December 1 through the last day 
of February if at least four hours notice is given. From March 1 through 
November 30, and December 1 through the last day of February on weekends 
and holidays the draw shall be maintained open to navigation except for 
closure to accommodate passage of a train. The draw shall be opened as 
soon as possible at all times for passage of a public vessel of the 
United States.

[CGD3 83-067, 49 FR 33014, Aug. 20, 1984]



Sec. 117.757  Tuckahoe River.

    The draw of the State highway bridge, mile 8.0 at Tuckahoe, shall 
open on signal if at least 24 hours notice is given.



Sec. 117.759  Wading River.

    The draw of the Burlington County highway bridge, mile 5.0 at Wading 
River, shall open on signal if at least 24 hours notice is given.



Sec. 117.761  Woodbridge Creek.

    The draws of the State Street bridge, mile 0.5, and the railroad 
bridge, mile 0.6, both at Sewaren, shall open on signal if at least four 
hours notice is given.

                                New York



Sec. 117.769  Black Rock Canal.

    The draws of the Ferry Street bridge, mile 2.6, and Canadian 
National Railway bridge, mile 3.8, both at Buffalo, shall operate as 
follows:
    (a) From April 15 through November 30, the draws shall open on 
signal. However, between the hours of 12 midnight and 8 a.m., seven days 
a week, no bridgetender is required to be in attendance at the bridges 
and the draws shall open on signal if notice is given to the owners at 
least two hours in advance of a vessel's intended time of passage 
through the draws.
    (b) From December 1 through April 14, no bridgetender is required to 
be in attendance at the bridges and the draws shall open on signal if 
notice is given to the owners at least four hours in advance of a 
vessel's time of intended passage through the draws.

[CGD09-94-008, 59 FR 50167, Oct. 3, 1994]



Sec. 117.771  Bronx River.

    (a) The draw of the Bruckner Boulevard highway bridge mile 1.1 at 
New York City shall open on signal; except that, from 7 a.m. to 9 a.m. 
and 4 p.m. to 6 p.m. Monday through Friday, the draws need not be opened 
for the passage of vessels. Public vessels of the United States, state 
or local vessels used for public safety and vessels in distress shall be 
passed without delay.
    (b) The draw of the Conrail bridge, mile 1.6 at New York City, need 
not be opened for the passage of vessels.
    (c) The owners of the Bruckner Boulevard highway bridge mile 1.1 and 
the Conrail bridge mile 1.6 both at New York City shall provide and keep 
in good legible condition two clearance gages designed, installed and 
maintained according to the provisions of 118.160 of this chapter.

[CGD1-89-005, 54 FR 18282, Apr. 28, 1989]



Sec. 117.773  Buffalo River.

    (a) The draw of the Michigan Avenue bridge, mile 1.3, at Buffalo, 
shall operate as follows:
    (1) From March 22 through December 15, the draw shall open within 20 
minutes of signal. However, the draw need not open from 7:30 a.m. to 9 
a.m., and from 4 p.m. to 5:45 p.m., Monday through Saturday.
    (2) From December 16 through March 21, the draw shall open on signal 
if notice is given at least 4 hours in advance of a vessel's time of 
intended passage through the draw.
    (b) The draw of the Ohio Street bridge, mile 2.1, at Buffalo, shall 
operate as follows:
    (1) From March 22 through December 15, the draw shall open on signal 
within 20 minutes after a request is made to

[[Page 458]]

the Michigan Avenue drawtender. However, the draw need not open from 
7:30 a.m. to 9 a.m., and from 4 p.m. to 5:45 p.m., Monday through 
Saturday.
    (2) From December 16 through March 21, the draw shall open on signal 
if notice is given at least 4 hours in advance of a vessel's time of 
intended passage through the draw.
    (3) In addition to the standard signals required for requesting the 
bridge to open, the owners of this bridge shall maintain and monitor a 
marine radiotelephone for use by the Michigan Avenue drawtender for 
receiving requests for opening the Ohio Street bridge. The drawtender 
shall maintain communications with any transiting vessel until the 
vessel has cleared both the Ohio Street and Michigan Avenue draws.
    (c) The draws of the Conrail railroad bridges, miles 4.02 and 4.39, 
both at Buffalo, shall open on signal if notice is given at least 4 
hours in advance of a vessel's time of intended passage through the 
draws.
    (d) The South Park Avenue bridge, mile 5.3, at Buffalo, shall open 
on signal if notice is given at least 4 hours in advance of a vessel's 
time of intended passage through the draw. However, the draw need not 
open from 7 a.m. to 8:30 a.m., and from 4:30 p.m. to 6 p.m., Monday 
through Saturday.
    (e) The periods when the bridges need not open on signal prescribed 
in paragraphs (a)(1), (b)(1), and (d) in this section shall not be 
effective on Sundays, and on New Year's Day, Memorial Day, Fourth of 
July, Labor Day, Thanksgiving Day, Christmas Day, or days observed in 
lieu of any of these under State law.

[CGD09-95-022, 61 FR 10467, Mar. 14, 1996]



Sec. 117.775  Coney Island Creek.

    The draws of the Cropsey Avenue bridge, mile 0.4, the Stillwell 
bridge, mile 0.6, and the New York City Transit Authority bridges near 
Stillwell Avenue, mile 0.7, all at New York City, need not be opened for 
the passage of vessels.



Sec. 117.779  Eastchester Bay (Arm of).

    The draw of the highway bridge, mile 2.2 between Rodman Neck and 
City Island, need not be opened for the passage of vessels.



Sec. 117.781   East River.

    The following requirements apply to the Roosevelt Island bridge, 
mile 6.4 at New York City, as follows:
    (a) Public vessels of the United States Government, state or local 
vessels used for public safety, and vessels in distress shall be passed 
through the draws of each bridge as soon as possible without delay at 
anytime. The opening signal from these vessels shall be four or more 
short blasts of a whistle, horn or radio request.
    (b) The owners of each bridge shall provide and keep in good legible 
condition clearance gauges for each draw with figures not less than 12 
inches high designed, installed and maintained according to the 
provisions of Sec. 118.160 of this chapter.
    (c) The draw of the Roosevelt Island bridge shall open on signal if 
at least two hour advance notice is given to the drawtender at the Grand 
Street/Avenue bridge, mile 3.1 across Newtown Creek (East Branch), the 
New York Department of Transportation (NYCDOT) Radio Hotline or NYCDOT 
Bridge Operations Office. In the event the drawtender is at Borden 
Avenue or Hunters Point Avenue bridges mile 1.2 and 1.4, respectively, 
across Dutch Kills, up to an additional half hour delay may be required.

[CGD1-90-040, 55 FR 37710, Sept. 13, 1990]



Sec. 117.783  Flushing Creek.

    The draws of the Northern Boulevard bridge, mile 0.2, the Roosevelt 
Avenue bridge, mile 0.8, and the Long Island Railroad bridge, mile 1.0, 
all at New York City, need not be opened for the passage of vessels.



Sec. 117.785  Genessee River.

    (a) The following applies to all bridges listed in this section:
    (1) At all times, public vessels of the United States, vessels in 
distress, and vessels seeking shelter from rough weather shall be passed 
through the bridges as soon as possible.
    (2) Clearance gages of a type approved by the Commander, Ninth Coast 
Guard District, shall be installed on the upstream and downstream sides 
of each drawbridge by and at the expense of the owner of or agency 
controlling

[[Page 459]]

the bridge and the gages shall be kept in good repair and legible 
condition.
    (b) The draw of the Conrail bridge, mile 0.9 at Rochester, shall 
open on signal; except that, from December 15 through March 31, the draw 
shall open on signal if at least 12 hours notice is given.
    (c) The draw of the Stutson Street bridge, mile 1.2 at Rochester, 
shall open on signal from April 1 through December 15; however, from 7 
a.m. to 9 a.m. and from 4 p.m. to 6 p.m. Monday through Friday except 
Federal holidays, the draw need be opened only for the passage of 
commercial vessels. From 9 a.m. to 4 p.m. and 6 p.m. to 11 p.m. Monday 
through Friday except Federal holidays, and from 7 a.m. to 11 p.m. on 
Saturdays, Sundays, and Federal holidays, the draw need be opened only 
on the hour and half hour, except that commercial vessels shall be 
passed at any time. From December 16 through March 31, the draw shall 
open on signal if at least 12 hours notice is given.



Sec. 117.787  Gowanus Canal.

    The draws of the Third Street bridge, mile 1.8, the Carroll Street 
bridge, mile 2.0, and the Union Street bridge, mile 2.1, all at New York 
City, shall open on signal; except that, from May 1 through September 
30, the draws shall open on signal if at least six hours notice is given 
to the New York City Highway Department's Radio (Hotline) Room.



Sec. 117.789  Harlem River.

    (a) The draws of all bridges across the Harlem River, except the 
Spuyten Duyvil railroad bridge, need not be opened from 5 p.m. to 10 
a.m. However, at all times, public vessels of the United States and New 
York City vessels used for public safety shall be passed through the 
draw of each bridge listed in this section as soon as possible.
    (b) The draws of the railroad bridges across this waterway need not 
open on signal from the time an express passenger train scheduled to 
cross the bridge is within five minutes of the bridge until the train 
has crossed the bridge.
    (c) The draws of the bridges at 103rd Street, mile 0.0, Willis 
Avenue, mile 1.5, 3rd Avenue, mile 1.9, Madison Avenue, mile 2.3, 145th 
Street, mile 2.8, Macombs Dam, mile 3.2, 207th Street, mile 6.0, and the 
two Broadway bridges, mile 6.8, shall open on signal from 10 a.m. to 5 
p.m. if at least four hours notice is given to the New York City Highway 
Radio (Hotline) Room.
    (d) The draw of the Triborough (125th Street) bridge, mile 1.3, 
shall open on signal from 10 a.m. to 5 p.m. if at least four hours 
notice is given.
    (e) The draw of the Conrail (Park Avenue) bridge, mile 2.1, shall 
open on signal from 10 a.m. to 5 p.m., except as provided in paragraph 
(b) of this section.
    (f) The draw of the Spuyten Duyvil railroad bridge, mile 7.9, shall 
open on signal at any time, except as provided in paragraph (b) of this 
section.

[CGD 82-025, 49 FR 43462, Oct. 29, 1984]



Sec. 117.791  Hudson River.

    (a) The draws of the bridges listed in this section shall open as 
soon as possible at any time for the passage of the following vessels:
    (1) Downbound vessels during a freshet of a height exceeding an 
elevation determined by the District Commander.
    (2) Public vessels of the United States.
    (3) State or local vessels used for public safety.
    (4) Vessels of 500 tons or more.
    (5) Tugs with a tow on a hawser.
    (b) The draws of the bridges listed in this section shall not remain 
open for more than 15 minutes and may remain closed for up to 10 minutes 
to allow accumulated land traffic to pass.
    (c) The draw of the Conrail bridge, mile 146.2 between Albany and 
Rensselaer, shall open on signal; except that, from December 16 through 
March 31, the draw shall open on signal if at least 24 hours notice is 
given.
    (d) The draw of the state highway bridge, mile 150.2 between Troy 
and Menands, need not be opened for the passage of vessels.
    (e) The draw of the highway bridge, mile 152.7 between Troy and 
Green Island, operates as follows:
    (1) From April 1 through December 15, the draw shall open on signal 
from 9 a.m. to 4 p.m.; except that, the draw

[[Page 460]]

need not be opened from 6 p.m. to 7 a.m., unless notice is given before 
4:30 p.m. of the time the vessel is expected to pass, and need not open 
from 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m.
    (2) From December 16 through March 31, the draw need not be opened.
    (f) The draws of the 112th Street bridge, mile 155.4 between Troy 
and Cohoes operate as follows:
    (1) The draws shall open on signal from 9 a.m. to 4 p.m.
    (2) The draws shall open on signal from 6 p.m. to 7 a.m., if notice 
is given, before 4:30 p.m., of the time the vessel is expected to pass.
    (3) The draws need not be opened from 7 a.m. to 9 a.m. and 4 p.m. to 
6 p.m.
    (4) During the period that the Federal Lock at Troy is inoperative, 
the draws need not be opened for the passage of vessels, provided that 
emergency openings be made as soon as possible.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended at 49 FR 43462, Oct. 
29, 1984, CGD3 85-42, 50 FR 26713, June 28, 1985]



Sec. 117.793  Hutchinson River (Eastchester Creek).

    (a) The following requirements apply to all bridges across 
Hutchinson River (Eastchester Creek):
    (1) The owners of each bridge shall provide and keep in good legible 
condition clearance gauges for each draw with figures not less than 12 
inches high designed, installed and maintained according to the 
provision of Sec. 118.160 of this chapter.
    (2) Trains and locomotives shall be controlled so that any delay in 
opening the draw shall not exceed ten minutes except as provided in 
Sec. 117.31(b). However, if a train moving toward the bridge has crossed 
the home signal for the bridge before the signal requesting opening of 
the bridge is given, the train may continue across the bridge and must 
clear the bridge interlocks before stopping.
    (3) Except as provided in paragraphs (b) and (c) of this section 
each draw shall open on signal.
    (b) The draws of the Hutchinson River Parkway Bridge, mile 0.9, and 
the New England Thruway (I-95) Bridge, mile 2.2, both at New York City, 
shall open on signal if at least six hours notice is given.
    (c) The draw of the South Fulton Avenue Bridge, mile 2.9, shall open 
on signal from three hours before to three hours after the predicted 
high tide. For the purposes of this section, predicted high tide occurs 
four hours after predicted high water for New York (Battery), as given 
in the tide tables published by the National Oceanic and Atmospheric 
Administration (NOAA).
    (1) At all other times, the bridge shall open on signal if at least 
four hours advance notice is given to the Westchester County Road 
Maintenance Division during normal work hours or to the County's Parkway 
Police at all other times.
    (2) The bridge tender shall honor requests for opening within six 
hours after predicated high water if such request is given to the bridge 
tender while he or she is on station (three hours before to three hours 
after predicted high tide).

[CGD01-93-009, 58 FR 42859, Aug. 12, 1993]



Sec. 117.795  Jamaica Bay and Connecting Waterways.

    (a) The draw of the Marine Parkway bridge, mile 3.0 over Rockaway 
Inlet, shall open on signal Monday through Friday from 8 a.m. to 4 p.m. 
At all other times, the draw shall open on signal if at least eight 
hours notice is given; however, the draw shall open on signal if at 
least a one hour notice is given for the passage of U.S. Navy or 
National Oceanic and Atmospheric Administration vessels.
    (b) The draws of the New York City highway bridge, mile 0.8 across 
Mill Basin on Belt Parkway, need not be opened for the passage of 
vessels from noon to 9 p.m. on Sundays from May 15 to September 30, and 
on Memorial Day, Independence Day, and Labor Day. However, on these 
days, from two hours before to one hour after predicted high tide, the 
draw shall open on signal. For the purpose of this section, predicted 
high tide occurs 15 minutes later than that predicted for Sandy Hook, as 
given in the tide tables published by the National Oceanic and 
Atmospheric Administration. At all times, public vessels of the United 
States and state or local vessels used

[[Page 461]]

for public safety shall be passed as soon as possible.
    (c) The draws of the New York City Cross Bay Boulevard bridge, mile 
10.0, and the New York City Transit Authority bridge, mile 10.6 both 
across the North Channel at Hamilton Beach, need not be opened for the 
passage of vessels.

[CGD3 85-42, 50 FR 26713, June 28, 1985]



Sec. 117.797  Lake Champlain.

    (a) The draw of each bridge listed in this section shall open as 
soon as possible for public vessels of the United States and vessels of 
the Vermont Fish and Game Department.
    (b) The draw of the US2 bridge, mile 91.8 between Sandy Island and 
North Hero Island, shall open on signal--
    (1) From May 15 through October 15 from 7 a.m. to 9 p.m.
    (2) From May 15 through October 15 from 9 p.m. to 7 a.m. if at least 
four hours notice is given; and
    (3) From October 16 through May 14 if at least 24 hours notice is 
given.
    (c) The draw of the Central Vermont Railway bridge across Missisquoi 
Bay, mile 105.6 shall open on signal:
    (1) From June 15 through September 15:
    (i) Monday through Friday from 9 a.m. to 5 p.m.;
    (ii) Saturdays, Sundays, Independence Day and Labor Day from 7 a.m. 
to 11 p.m.;
    (iii) At all other times, if at least two hours notice is given.
    (2) From September 16 through June 14 if at least 24 hours notice is 
given.
    (d) The draw of the SR78 bridge, mile 105.9 across the entrance to 
Missisquoi Bay between Alburg Tongue and Hog Island at East Alburg, 
shall open on signal if at least 24 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD3 83-059, 49 
FR 49452, Dec. 20, 1984]



Sec. 117.799  Long Island, New York Inland Waterway from East Rockaway Inlet to Shinnecock Canal.

    (a) At all times, public vessels of the United States, state or 
local vessels used for public safety and vessels in distress shall be 
passed through the draws of each bridge listed in this section as soon 
as possible.
    (b) The draw of each bridge listed in this section need not be 
opened for sailing vessels, unless the vessels are under machinery power 
or under tow, if an opening would unduly delay other vessel or vehicular 
traffic.
    (c) The owners of the bridges listed in this section shall provide 
and keep in good legible condition two board gages painted white with 
black figures not less than eight inches high to indicate the vertical 
clearance under the closed draw at all stages of the tide. The gages 
shall be so placed on the bridges that they are plainly visible to 
operators of vessels approaching the bridges either up or downstream.
    (d) The draws of the West Bay bridge, mile 0.1 across Quantuck 
Canal, Beach Lane bridge, mile 1.1 across Quantuck Canal, Quoque bridge, 
mile 1.1 across Quoque Canal, the Smith Point bridge, mile 6.1 across 
Narrow Bay, and Ponquoque Point bridge, mile 78.0 across Shinnecock Bay, 
shall open on signal from October 1 through April 30 from 8 a.m. to 4 
p.m. and from May 1 through September 30 from 6 a.m. to 10 p.m. At all 
other times during these periods, the draws shall open as soon as 
possible but no more than one hour after a request to open is received.
    (e) The draw of the Atlantic Beach Bridge across Reynolds Channel, 
mile 0.4, shall open on signal--
    (1) From October 1 through May 14;
    (2) From May 15 through September 30, except that it need be opened 
only on the hour and half-hour from 4 p.m. to 7 p.m. on weekdays and 
from 11 a.m. to 9 p.m. on Saturdays, Sundays, Memorial Day, Independence 
Day, and Labor Day; and
    (3) From May 15 through September 30, from two hours before to one 
hour after predicted high tide. Predicted high tide occurs 10 minutes 
earlier than that predicted for Sandy Hook, as given in the tide table 
published by the National Oceanic and Atmospheric Administration.
    (f) The draw of the Loop Parkway Bridge across Long Creek, mile 0.7, 
shall open on signal every other hour on the even hour; except that, 
from April 1 through October 31 on Saturdays, Sundays, and Federal 
holidays,

[[Page 462]]

the draw shall open on signal every three hours beginning at 3 a.m. If 
an opening is desired at other than a scheduled time, notice may be 
given from the telephone located on either side of the bridge or via 
marine radiotelephone.
    (g) The draw of the Long Beach Bridge across Reynolds Channel, mile 
4.7, shall open on signal; except that:
    (1) From midnight to 8 a.m. year-round, the draw shall open on 
signal if at least four hours notice is given; and
    (2) From 3 p.m. to 8 p.m. on Saturdays, Sundays, and holidays from 
May 15 through September 30, the draw need be opened only on the hour 
and half hour.
    (h) The draw of the Meadowbrook State Parkway bridge, mile 12.8 
across Sloop Channel, shall open on signal if at least one half hour 
notice is given to the New York State Department of Transportation, as 
follows:
    (1) Every other hour on the even hour.
    (2) From April 1 through October 31 on Saturdays, Sundays, and 
Federal holidays, every three hours beginning at 1:30 a.m. Notice may be 
given from the telephone located at the moorings on each side of the 
bridge or by marine radiotelephone.
    (i) The draws of the Wantagh State Parkway bridge, mile 16.1 across 
Goose Creek, and the Captree State Parkway bridge, mile 30.7 across 
State Boat Channel at Captree Island, shall open on signal if at least 
one half hour notice is given to the New York State Department of 
Transportation, as follows:
    (1) Every other hour on the even hour.
    (2) From April 1 through October 31 on Saturdays, Sundays, and 
Federal holidays, every three hours beginning at 3 a.m. Notice may be 
given from the telephone located at the moorings on each bridge or by 
marine radiotelephone.

[CGD3 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD3 84-51, 50 
FR 2546, Jan. 17, 1985]



Sec. 117.801   Newtown Creek, Dutch Kills, English Kills and their tributaries.

    (a) The following requirements apply to all bridges across Newtown 
Creek, Dutch Kills, English Kills and their tributaries:
    (1) Public vessels of the United States Government, state or local 
vessels used for public safety, and vessels in distress shall be passed 
through the draws of each bridge as soon as possible without delay at 
anytime. The opening signal from these vessels shall be four or more 
short blasts of a whistle, horn or radio request.
    (2) The owners of each bridge shall provide and keep in good legible 
condition clearance gauges for each draw with figures not less that 12 
inches high designed, installed and maintained according to the 
provisions of Sec. 118.160 of this chapter.
    (3) Trains and locomotives shall be controlled so that any delay in 
opening the draw shall not exceed five minutes. However, if a train 
moving toward the bridge has crossed the home signal for the bridge 
before the signal requesting opening of the bridge is given, that train 
may continue across the bridge and must clear the bridge interlocks 
before stopping.
    (4) Except as provided in paragraphs (b) through (e) of this 
section, each draw shall open on signal.
    (b) The draws of the Long Island Railroad bridges, mile 1.1 across 
Dutch Kills, both at New York City shall open on signal if at least six 
hours notice is given to the Long Island Railroad Movement Bureau except 
as provided in paragraphs (a)(1) and (a)(3) of this section.
    (c) The draw of the Borden Avenue bridge, mile 1.2 across Dutch 
Kills at New York City (NYC), shall open on signal if at least one hour 
advance notice is given to the drawtender at the Grand Street/Avenue 
bridge, mile 3.1 across Newtown Creek (East Branch), the New York City 
Department of Transportation (NYCDOT) Radio Hotline, or NYCDOT Bridge 
Operations Office. In the event the drawtender is at the Roosevelt 
Island bridge, mile 6.4 across East River of the Hunters Point Avenue 
bridge, mile 1.4 across Dutch Kills, New York, up to an additional half 
hour delay may be required.
    (d) The draw of the Hunters Point Avenue bridge, mile 1.4 across 
Dutch Kill, New York City, shall open on signal if at least one hour 
advance notice

[[Page 463]]

is given to the drawtender at the Grand Street/Avenue bridge, mile 3.1 
across Newtown Creek (East Branch), the New York City Department of 
Transportation (NYCDOT) Radio Hotline, or NYCDOT Bridge Operations 
Office. In the event the drawtender is at the Roosevelt Island bridge, 
mile 6.4 across East River, or the Borden Avenue bridge, mile 1.2 across 
Dutch Kills, up to an additional half hour may be required.
    (e) The draw of Grand Street/Avenue bridge, mile 3.1 across Newtown 
Creek (East Branch), at New York City, shall open on signal unless the 
drawtender is at the Borden Avenue or Hunters Point Avenue bridges, mile 
1.2 and 1.4, respectively, across Dutch Kills, New York, or the 
Roosevelt Island bridge, mile 6.4 across East River. In this event, a 
notice to New York City Department of Transportation Radio Hotline, or 
NYCDOT Bridge Operations Office shall be given, to which a delay of up 
to one hour may be required.

[CGD1-90-040, 55 FR 37711, Sept. 13, 1990]



Sec. 117.803  Niagara River.

    The draw of the Canadian National Railway bridge, mile 33.0 at 
Buffalo, need not be opened for the passage of vessels.



Sec. 117.805  Peekskill (Annsville) Creek.

    The draw of the Conrail bridge, mile 0.0 at Peekskill, need not be 
opened for the passage of vessels.



Sec. 117.807  Richmond Creek.

    The draw of the Richmond Avenue bridge, mile 2.0 at New York City, 
need not open for the passage of vessels.



Sec. 117.809  Tonawanda Creek.

    The draw of the Penn Central Corporation railroad bridge, mile 0.1 
at Tonawanda, is permanently maintained in the open position.



Sec. 117.811  Tonawanda Harbor.

    The draw of the Tonawanda Island Railroad bridge, mile 0.2 between 
North Tonawanda and Tonawanda Island, shall open on signal if at least 
24 hours notice is given.



Sec. 117.813  Wappinger Creek.

    The draw of the Metro-North Commuter railroad bridge, mile 0.0 at 
New Hamburg, need not be opened for the passage of vessels. However, the 
draw shall be returned to operable condition within six months after 
notification by the District Commander to do so.



Sec. 117.815  Westchester Creek.

    The draw of the Bruckner Boulevard bridge, mile 1.7, shall open on 
signal; except that, from 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m. Monday 
through Friday, the draw need not be opened for the passage of vessels. 
Public vessels of the United States, state or local vessels used for 
public safety, or vessels in distress shall be passed without delay. The 
owners of the bridge shall provide and keep in good legible condition 
two board gages painted white with black figures not less than nine 
inches high to indicate the vertical clearance under the closed draw at 
all stages of the tide. The gages shall be so placed on the bridge that 
they are plainly visible to operators of vessels approaching the bridge 
either up or downstream.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]

                             North Carolina



Sec. 117.821  Atlantic Intracoastal Waterway, Albemarle Sound to Sunset Beach.

    (a) The drawbridges over the Atlantic Intracoastal Waterway in North 
Carolina shall open on signal for public vessels of the United States, 
state and local government vessels, commercial vessels, and any vessel 
in an emergency involving danger to life or property.
    (b) The drawbridges over the Atlantic Intracoastal Waterway in North 
Carolina shall open on signal for pleasure vessels, except that the 
following drawbridges may remain closed to pleasure vessels if they open 
on signal for waiting pleasure vessels at the times and during the 
periods specified below:
    (1) S.H. 94 bridge, mile 113.7, at Fairfield, NC, from April 1 to 
November 30, between 7:00 a.m. and 7:00 p.m., must open if signaled on 
the hour and half hour.

[[Page 464]]

    (2) S.R. 304 bridge, mile 157.2, at Hobucken, NC, from April 1 to 
November 30, between 7:00 a.m. and 7:00 p.m., must open if signaled on 
the hour and half hour.
    (3) S.R. 50 bridge, mile 260.7, at Surf City, NC, between 7:00 a.m. 
and 7:00 p.m., must open if signaled on the hour.
    (4) Figure Eight Swing Bridge, mile 278.1, at Scotts Hill, NC, must 
open, if signaled, on the hour and half hour.
    (5) S.R. 74 bridge, mile 283.1, at Wrightsville Beach, NC, between 
7:00 a.m. and 7:00 p.m., must open if signaled on the hour.
    (6) S.R. 1172 bridge, mile 337.9, at Sunset Beach, NC, shall open on 
the hour on signal between 7 a.m. and 7 p.m., April 1 through November 
30, except that on Saturdays, Sundays and Federal holidays, from June 1 
through September 30, the bridge shall open on signal on the hour 
between 7 a.m. and 9 p.m.
    (c) If a pleasure vessel is approaching a drawbridge, which is only 
required to open on the hour or on the hour and half hour, and cannot 
reach the draw on the hour or half hour, the drawtender may delay the 
required opening up to 10 minutes past the hour or half hour.

[CDG5 88-003, 53 FR 8752, Mar. 17, 1988, as amended by CGD5-88-043, 53 
FR 26249, July 12, 1988; CGD5-88-39, 53 FR 49982, Dec. 13, 1988; CGD05-
94-031, 59 FR 28778, June 3, 1994; CGD05-94-050, 59 FR 67630, Dec. 30, 
1994; CGD05-94-076, 60 FR 20428, Apr. 26, 1995; CGD5-95-084, 61 FR 
31435, June 20, 1996]



Sec. 117.822  Beaufort Channel, NC.

    From 6 a.m. to 10 p.m., the draw shall open on signal for all 
vessels waiting to pass every hour on the hour, twenty minutes past the 
hour and forty minutes past the hour. From 10 p.m. to 6 a.m., the bridge 
shall open on signal.

[CGD05-94-046, 59 FR 49823, Sept. 30, 1994]



Sec. 117.823  Neuse River.

    (a) The draw of the U.S. 17 bridge, mile 33.7, at New Bern:
    (1) Need not open from 6:30 a.m. to 8:30 a.m. and from 4:00 p.m. to 
6:00 p.m., Monday through Friday, for pleasure vessels. However, the 
draw shall open at 7:30 a.m. and 5:00 p.m., for any vessel waiting to 
pass.
    (2) Need not open from 2:00 p.m. to 7:00 p.m. from May 24 through 
September 8, on Sundays and Federal holidays, for pleasure vessels. 
However, the draw shall open at 4:00 p.m. and 6:00 p.m., for any vessel 
waiting to pass.
    (3) Shall always open on signal for public vessels of the United 
States, State or local vessels used for public safety, tugs with tows, 
vessels in distress.
    (4) Shall open on signal at all other times.
    (b) The draw of the Atlantic and East Carolina Railway bridge, mile 
80.0 at Kinston, shall open on signal if at least 24 hours notice is 
given.

[CGD82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD5-88-054, 54 FR 
3778, Jan. 26, 1989]



Sec. 117.825  Newport River.

    The draw of the Atlantic and East Carolina Railway bridge, mile 13.0 
at Newport, need not be opened for the passage of vessels.



Sec. 117.829  Northeast River.

    The draw of the Seaboard System Railroad bridge across the Northeast 
River, 27.0, at Castle Hayne, North Carolina shall open on signal if at 
least 4 hours notice is given.

[CGD-84-05, 50 FR 14702, Apr. 15, 1985]



Sec. 117.831  Pamlico and Tar Rivers.

    The draws of the US17-264 bridge, mile 37.2 at Washington, and the 
Boyds Ferry bridge, mile 44.8 at Grimesland, shall open on signal if at 
least 24 hours notice is given. The bridge owners shall restore constant 
attendance when so directed by the District Commander.



Sec. 117.833  Pasquotank River.

    The draw of the Albemarle & Chesapeake railroad bridge, mile 47.7, 
at Elizabeth City, North Carolina, shall be maintained in the open 
position; the draw may close only for the crossing of trains and 
maintenance of the bridge. When the draw is closed, a bridgetender shall 
be present to reopen the draw after the train has cleared the bridge.

[CGD05-94-118, 60 FR 40098, Aug. 7, 1995]

[[Page 465]]



Sec. 117.835  Perquimans River.

    The draw of the US17 bridge, mile 12.0 at Hertford, shall open on 
signal from 8 a.m. to midnight from April 1 through September 30 and 
from 10 a.m. to 10 p.m. from October 1 through March 31. The draw need 
not be opened at all other times.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec. 117.837   Roanoke River.

    The draw of the Seaboard System Railroad bridge, mile 94.0 at 
Palmyra, need not be opened for the passage of vessels.

[CGD5-92-004, 57 FR 11580, Apr. 6, 1992]



Sec. 117.841  Smith Creek.

    The draw of the S117-S133 bridge, mile 1.5 at Wilmington, shall open 
on signal if at least 24 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec. 117.843  Trent River.

    (a) The draw of the U.S. 70 bridge, mile 0.0, at New Bern:
    (1) Need not open from 6:30 a.m. to 8:30 a.m. and from 4:00 p.m. to 
6:00 p.m., Monday through Friday, for pleasure vessels. However, the 
draw shall open at 7:30 a.m. and 5:00 p.m. for any vessel waiting to 
pass.
    (2) Need not open from 2:00 p.m. to 7:00 p.m. from May 24 through 
September 8, on Sundays and Federal holidays, for pleasure vessels. 
However, the draw shall open at 4:00 p.m. and 6:00 p.m. for any vessel 
waiting to pass.
    (3) Shall always open on signal for public vessels of the United 
States, State or local vessels used for public safety, tugs with tows, 
and vessels in distress.
    (4) Shall open on signal at all other times.
    (b) The draws of the Seaboard System Railroad bridge, mile 18.0 near 
Pollocksville, need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD5-88-53, 54 FR 
1361, Jan. 13, 1989]

                                  Ohio



Sec. 117.847  Ashtabula River.

    (a) The draw of the Fifth Street bridge, mile 1.4 at Ashtabula, 
shall open on signal for the passage of commercial and emergency vessels 
and on the hour and half hour for all other vessels.
    (b) The draw of the Conrail bridge, mile 2.2 at Ashtabula, shall 
open on signal from April 1 through November 30 from 7 a.m. to 11 p.m. 
At all other times the draw shall open on signal if at least 24 hours 
notice is given.



Sec. 117.849  Muskingum River (Zanesville Canal).

    The draw of the Conrail bridge, mile 77.1 at Zanesville, shall open 
on signal Tuesday through Friday if the Conrail office is notified by 
12:01 p.m. on the day preceding the day the opening is required. For 
openings Saturday through Monday, the Conrail office shall be notified 
by 12:01 p.m. on Friday specifying which day and time the opening is 
required. In case of emergency, the draw shall open as soon as possible.



Sec. 117.850  Black River.

    The draw of the Erie Avenue bridge, mile 0.6, at Lorain shall open 
on signal except as follows:
    (a) From April 1 through December 31--
    (1) From 7 a.m. to 6 p.m., Monday through Friday, except legal 
holidays, the draw need open only on the hour and half-hour for pleasure 
craft; however, the draw need not open for pleasure craft at 8 a.m., 3 
p.m., 4 p.m. and 5 p.m. For commercial vessels the draw shall open on 
signal as soon as possible.
    (2) From 11 a.m. to 6 p.m., Saturdays, Sundays and legal holidays, 
the draw need open only on the hour and half-hour for pleasure craft. 
For commercial vessels the draw shall open on signal as soon as 
possible.
    (3) From 11 p.m. to 7 a.m., seven days a week and legal holidays, no 
bridgetender is required to be in constant attendance and the bridge 
shall open on signal for pleasure craft and commercial vessels if at 
least a one hour advance notice is given.

[[Page 466]]

    (b) From January 1 through March 31, the draw shall open on signal 
for pleasure craft and commercial vessels if at least a twelve hour 
advance notice is given.
    (c) At all times, the draw shall open as soon as possible for public 
vessels of the United States, state or local government vessels used for 
public safety and vessels in distress.

[CCGD09 86-01, 51 FR 28380, Aug. 7, 1986]



Sec. 117.851  Portage River.

    (a) Public vessels of the United States, State or local government 
vessels used for public safety, vessels in distress and vessels seeking 
shelter from rough weather shall be passed through the draws listed in 
this section as soon as possible. Except as provided in paragraph 
(c)(1)(ii) with respect to the Monroe Street bridge, commercial vessels 
shall be passed through the draws of this section as soon as possible.
    (b) The owners of the bridges listed in this section shall provide 
and keep in good legible condition two board gages painted white with 
black figures to indicate the vertical clearance under the closed draw 
at all stages of the tide. The gages shall be so placed on the bridge 
that they are plainly visible to operators of vessels approaching the 
bridge either up or downstream.
    (c) The draw of the Monroe Street bridge, mile 0.4 at Port Clinton, 
shall open as follows:
    (1) From May 1 through November 30--
    (i) Between the hours of 12 midnight and 6 a.m., the draw shall open 
on signal.
    (ii) Between the hours of 6 a.m. and 12 midnight, the draw shall 
open on signal. However, the draw need not open on signal during this 
time for recreational craft and commercial vessels licensed to carry 
fifteen or less passengers, or less than ten gross tons, unless in 
distress or seeking shelter from rough weather. For these vessels, the 
draw need open only from three minutes before to three minutes after the 
hour and half-hour.
    (2) From December 1 through April 30, the draw shall open on signal 
if at least 24 hours' notice is given.
    (d) The draw of the Conrail bridge, mile 1.5 at Port Clinton, shall 
open on signal. However, from December 1 through April 30, the draw 
shall open on signal if at least 24 hours' notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD09 89-07, 54 
FR 41965, Oct. 13, 1989]



Sec. 117.853  Sandusky Bay.

    The draw of the Conrail bridge, mile 3.5 at Sandusky, shall open on 
signal from April 1 through October 31 and from November 1 through 
November 30 from 8 a.m. to 4 p.m. At all other times, the draw shall 
open on signal if at least 24 hours notice is given to the Chief 
Dispatcher, Central Union Terminal, Toledo.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD09 90-06, 55 
FR 10769, Mar. 23, 1990]



Sec. 117.855  Maumee River.

    (a) The draw of the Craig Memorial highway bridge, mile 3.30, at 
Toledo, shall operate as follows:
    (1) From April through December 20--
    (i) Between the hours of 7 a.m. and 11 p.m., the draw need open only 
from three minutes before to three minutes after the hour and half-hour 
with no opening required at 7:30 a.m. and 4:30 p.m. for pleasure craft; 
for commercial vessels, during this period of time, the draw shall open 
on signal as soon as possible.
    (ii) Between the hours of 11 p.m. and 7 a.m., the draw shall open on 
signal for commercial vessels and pleasure craft.
    (2) From December 21 through March 31, no bridgetenders are required 
to be on duty at the bridge and the draw shall open on signal from 
December 21 through December 31, if at least a four hour advance notice 
is given and from January 1 through March 31, if at least a twelve hour 
advance notice is given.
    (b) The draw of the Cherry Street highway bridge, mile 4.30 at 
Toledo, shall operate as follows:
    (1) From April 1 through December 20--
    (i) Between the hours of 7 a.m. and 11 p.m., the draw need open only 
from three minutes before to three minutes

[[Page 467]]

after the quarter and three-quarter hour with no opening required at 
7:45 a.m. and 4:45 p.m. for pleasure craft; for commercial vessels, 
during this period of time, the draw shall open on signal as soon as 
possible.
    (ii) Between the hours of 11 p.m. and 7 a.m., the draw shall open on 
signal for commercial vessels and pleasure craft.
    (2) From December 21 through March 31, no bridgetenders are required 
to be at the bridge and the draw shall open on signal from December 21 
through December 31, if at least a four hour advance notice is given and 
from January 1 through March 31, if at least a twelve hour advance 
notice is given.
    (c) The draws of the Chessie System railroad bridge, mile 1.07, 
Norfolk and Western railroad bridge, mile 1.80 and Conrail railroad 
bridge, mile 5.76, all at Toledo, shall operate as follows:
    (1) From April 1 through December 20, the draws shall open on signal 
for all vessels.
    (2) From December 21 through March 31, no bridgetenders are required 
to be at the bridges and the draws shall open on signal for commercial 
vessels and pleasure craft from December 21 through December 31, if at 
least a four hour advance notice is given and from January 1 through 
March 31, if at least a twelve hour advance notice is given.
    (d) At all times, the bridges listed in this section shall open as 
soon as possible for public vessels of the United States, state or local 
government vessels used for public safety and vessels in distress.

[CCGD09 86-11, 51 FR 39858, Nov. 3, 1986]

                                 Oregon



Sec. 117.861  Blind Slough.

    The draws of the Burlington Northern railroad bridge, mile 1.1 at 
Knappa, shall open on signal if at least one hour notice is given. 
However, the draw shall open promptly on signal from four hours before 
to four hours after each day's authorized commercial fishing period 
established by the Columbia River Compact (Washington State Department 
of Fisheries and the Fish Commission of Oregon) for the Columbia River 
Fishery below Bonneville Dam.



Sec. 117.863  Catching Slough.

    The draw of the secondary highway bridge, mile 1.0 near Eastside, 
shall open on signal if at least 48 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec. 117.865  Clatskanie River.

    The draw of the Burlington Northern railroad bridge, mile 0.7 at 
Clatskanie, shall open on signal if at least one hours notice is given. 
However, the draw shall open promptly on signal from four hours before 
to four hours after each day's authorized commercial fishing period 
established by the Columbia River Compact (Washington State Department 
of Fisheries and the Fish Commission of Oregon) for the Columbia River 
Fishery below Bonneville Dam.
Sec. 117.867  [Reserved]



Sec. 117.869  Columbia River.

    (a) The draws of the Interstate 5 highway bridge, mile 106.5 between 
Portland, OR, and Vancouver, WA, shall open on signal, except that:
    (1) When the river gauge at the bridge indicates 6.0 feet, or more, 
as determined by the drawtender on duty, the draws need not open for the 
passage of commercial vessels from 6:30 a.m. to 8 a.m. and from 3:30 
p.m. to 6 p.m. Monday through Friday, except Federal holidays, and for 
all other vessels the draws need not open from 5:30 a.m. to 9 a.m. and 
from 2:30 p.m. to 6 p.m. Monday through Friday, except Federal holidays.
    (2) When the river gauge at the bridge indicates 5.9 feet, or less, 
as determined by the drawtender on duty, the draws need not open for the 
passage of any vessels from 5:30 a.m. to 9 a.m. and from 2:30 p.m. to 6 
p.m. Monday through Friday, except Federal holidays.
    (b) The draw of the Port of Hood River bridge, mile 169.8 at Hood 
River, shall open on signal if at least 12 hours notice is given.
    (c) The draw of the Burlington Northern railroad bridge, mile 201.2, 
between Celilo, Oregon, and Wishram, Washington, is automated and is 
normally

[[Page 468]]

maintained in the fully open-to-navigation position.
    (1) Lights. All lights required for automated operation shall be 
visible to marine traffic for a distance of at least 2 miles and shall 
be displayed at all times, day and night.
    (i) When the draw is fully open, a steady green light shall be 
displayed at the center of the drawspan on both upstream and downstream 
sides.
    (ii) When the draw is not fully open, a steady red light shall be 
displayed at the center of the drawspan on both upstream and downstream 
sides.
    (iii) When the draw is about to close, flashing yellow lights in the 
form of a down-pointing arrow shall be displayed at the center of the 
drawspan on both upstream and downstream sides.
    (2) Operation. When a train approaches the bridge, the yellow lights 
shall start flashing. After an 8-minute delay, the green lights shall 
change to red, the drawspan shall lower and lock, and the yellow lights 
shall be extinguished. Red lights shall continue to be displayed until 
the train has crossed and the drawspan is again in the fully open 
position. At that time, the red lights shall change to green.
    (3) Vessels equipped with radiotelephones may contact Burlington 
Northern to obtain information on the status of the bridge. Bridge 
status information also may be obtained by calling the commercial 
telephone number posted at the drawspan of the bridge.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CCGD13 85-02, 50 
FR 31591, Aug. 5, 1985; CGD13-93-031, 60 FR 32268, June 21, 1995]



Sec. 117.871  Coos Bay.

    The draw of the Southern Pacific railroad bridge, mile 9.0 at North 
Bend, shall be maintained in the fully open position, except for the 
crossing of trains or for maintenance. During foggy weather, a fog bell 
installed in the center of the draw shall be rung continuously, striking 
every 10 seconds. At any time during foggy weather when the draw is 
closed and passage is not clear for vessels, a siren shall be sounded 
continuously. The siren shall be capable of being heard at a distance of 
one mile from the draw. When the bridge is again opened, the siren shall 
be stopped, indicating that the way is clear for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec. 117.873  Coos River.

    The draw of the Oregon State secondary highway bridge, mile 2.2 near 
Eastside, shall open on signal if at least 12 hours notice is given.



Sec. 117.875  Coquille River.

    The draws of the US 101 highway bridge, mile 3.5 at Bandon, Oregon, 
shall open on signal if at least two hours notice is given to the 
drawtender at the Coos Bay South Slough bridge.

[CGD13-94-033, 59 FR 52424, Oct. 18, 1994]



Sec. 117.879  Isthmus Slough.

    The draw of the Oregon State secondary highway bridge, mile 1.0, at 
Coos Bay, shall open on signal if at least 24 hours notice is given.

[CGD13-88-19, 54 FR 3448, Jan. 24, 1989]



Sec. 117.881  John Day River.

    (a) The draw of the Burlington Northern railroad bridge, mile 0.0 
near Astoria, shall open on signal if at least one hour notice is given. 
However, the draw shall open promptly on signal from four hours before 
to four hours after each day's authorized commercial fishing period 
established by the Columbia River Compact (Washington State Department 
of Fisheries and the Fish Commission of Oregon) for the Columbia River 
Fishery below Bonneville Dam.
    (b) [Reserved]

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 91-07, 56 
FR 67528, Dec. 31, 1991]
Sec. 117.885  [Reserved]



Sec. 117.887  Oregon Slough (North Portland Harbor).

    The draw of the Burlington Northern railroad bridge, mile 3.2 at 
Portland, shall open on signal if at least one half hours notice is 
given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 84-13, 49 
FR 35627, Sept. 11, 1984]

[[Page 469]]



Sec. 117.889  Suislaw River.

    (a) The draw of the US101 bridge, mile 5.0 at Florence, shall open 
on signal if at least two hours notice is given.
    (b) The draw of the Southern Pacific railroad bridge, mile 8.0 near 
Cushman, shall open on signal if at least 24 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]
Sec. 117.891  [Reserved]



Sec. 117.892  South Slough.

    The draw of the Oregon State highway bridge across South Slough at 
Charleston shall open on signal for the passage of vessels, except that 
between the hours of 7 a.m. and 7 p.m., from June 1 through September 
30, the draw need be opened only on the hour and half-hour. This 
exception shall not apply to vessels in distress, commercial tugs and/or 
tows, or public vessels of the United States.

[CGD13 84-14, 49 FR 35498, Sept. 10, 1984]



Sec. 117.893  Umpqua River.

    (a) The draw of the US 101 Bridge, mile 11.1, at Reedsport, Oregon, 
shall open on signal if at least two hours notice is given.
    (b) The draw of the Southern Pacific railroad bridge, mile 11.5 at 
Reedsport, shall be maintained in the fully open position, except for 
the crossing of trains or other railroad equipment or for maintenance. 
During foggy weather when the draw is closed and the channel is not 
clear for the passage of vessels, a fog horn with an audible range of 
one-half mile from the draw shall be sounded. Two clear signals of 
approximately six seconds duration each, repeated at intervals of 60 
seconds from completion of the second signal to commencement of the next 
signal, shall be sounded and repeated from commencement of closure to 
full opening of the draw. When the draw is again in the open position, 
the fog horn shall be stopped, indicating that the channel is clear for 
the passage of vessels.
    (c) The draw of the US101 bridge across the side channel of the 
Umpqua River, mile 11.1 near Reedsport, need not be opened for the 
passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 84-13, 49 
FR 35628, Sept. 11, 1984; CCGD13 91-06, 56 FR 66599, Dec. 24, 1991]



Sec. 117.895  Wallooskee River.

    The draw of the Oregon State secondary highway bridge, mile 1.0 near 
Astoria, shall open on signal if at least 48 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec. 117.897  Willamette River.

    (a) The draw of the following bridges operate as follows:
    (1) The draws shall open on signal except that from 7 a.m. to 8:30 
a.m. and 4 p.m. to 5:30 p.m. except Saturdays, Sundays, New Year's Day, 
Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas 
Day or other days observed instead of these days under State law, the 
draws need not be opened for the passage of vessels. On weekdays, Monday 
through Friday, from 8 a.m. to 4:30 p.m., at least one hour notice shall 
be given for openings of the Burnside Bridge and Morrison Bridge. At all 
other times, at least two hours notice shall be given. Notice shall be 
given by marine radio, telephone, or other means to the drawtender at 
the Broadway Bridge for vessels bound upstream and to the drawtender at 
the Hawthorne Bridge for vessels bound downstream. During Rose Festival 
Week or when the water elevation reaches and remains above +12 feet, the 
draws will open on signal without advance notice, except during the 
normal closed periods identified above. Opening signals are as follows:
    (i) Broadway Bridge, Portland, mile 11.7, two prolonged followed by 
one short blast.
    (ii) Steel Bridge, Portland, mile 12.1, one prolonged followed by 
one short blast.
    (iii) Burnside Bridge, Portland, mile 12.4, one prolonged followed 
by two short blasts.
    (iv) Morrison Bridge, Portland, mile 12.8, one prolonged followed by 
three short blasts.

[[Page 470]]

    (v) Hawthorne Bridge, Portland, mile 13.1, one prolonged followed by 
four short blasts.
    (2) The closed periods do not apply to harbor patrol or fire boats 
answering calls and, for the Broadway Bridge only, oceangoing vessels of 
750 gross tons or over.
    (3) Signals to open shall be given by vessels at a distance of at 
least 1,000 feet from the bridge, except in case of a vessel leaving a 
wharf or anchorage or when waiting less than 1,000 feet from the bridge. 
In these cases, the signal must be given early enough to allow the 
operator of the bridge sufficient time in which to clear and open the 
draw before arrival of the vessel.
    (4) In case two vessels which are approaching from opposite 
directions meet at or near the bridge, the vessel bound downstream has 
the right of way.
    (b) The draws of the Southern Pacific railroad bridges, mile 84.3, 
at Salem; mile 119.6, at Albany; and mile 164.3, near Harrisburg, need 
not open for the passage of vessels. However the draws shall be returned 
to operable condition within six months after notification by the 
District Commander to do so.
    (c) The draw of the Oregon State highway bridge, mile 132.1, at 
Corvallis, shall open on signal if at least seven days notice is given. 
However the draw need not be opened on Saturdays, Sundays, and Federal 
holidays.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 84-13, 49 
FR 35628, Sept. 11, 1984]



Sec. 117.899  Youngs Bay and Lewis and Clark River.

    (a) The draw of the US101 (New Youngs Bay) highway bridge, mile 0.7, 
across Youngs Bay at Smith Point, shall open on signal for the passage 
of vessels if at least one half hour's notice is given to the drawtender 
at the Lewis and Clark River Bridge by marine radio, telephone, or other 
suitable means from 5 a.m. to 9 p.m. At all other times four hour's 
notice by telephone is required. The opening signal is two prolonged 
blasts followed by one short blast.
    (b) The draw of the Oregon State (Old Youngs Bay) highway bridge, 
mile 2.4, across Youngs Bay at the foot of Fifth Street, shall open on 
signal for the passage of vessels if at least one half hour's notice is 
given to the drawtender at the Lewis and Clark River Bridge by marine 
radio, telephone, or other suitable means from 5 a.m. to 9 p.m. At all 
other times four hour's notice by telephone is required. The opening 
signal is two prolonged blasts followed by one short blast.
    (c) The draw of the Oregon State (Lewis and Clark River) highway 
bridge, mile 1.0, across the Lewis and Clark River, shall open on signal 
for the passage of vessels if at least one half hour's notice is given 
by marine radio, telephone, or other suitable means from 5 a.m. to 9 
p.m. At all other times four hour's notice by telephone is required. The 
opening signal is one prolonged blast followed by four short blasts.

[CCGD13-93-002, 58 FR 44613, Aug. 24, 1993]

                              Pennsylvania



Sec. 117.901  Chester Creek.

    The draw of the Front Street bridge, mile 0.1 at Chester, shall open 
on signal if at least 24 hours notice is given.



Sec. 117.903  Darby Creek.

    (a) The owners of the bridges on this waterway shall provide and 
keep in good legible condition two board gages painted white with black 
figures, nine inches high to indicate the vertical clearance under the 
closed draw at all stages of the tide. The gages shall be so placed on 
the bridge that they are plainly visible to operators of vessels 
approaching the bridge either up or downstream.
    (b) The draw of the Conrail railroad bridge, mile 0.3, and the 
Reading railroad bridge, mile 0.3 both at Easington, shall operate as 
follows:
    (1) From May 15 through October 15:
    (i) From 11 p.m. to 7 a.m., the draw need not be opened for the 
passage of vessels.
    (ii) Between 7 a.m. and 11 p.m., the draw shall open on signal at 
7:15 a.m., 10:30 a.m., 1 p.m., 3 p.m., 7:30 p.m., and 10:30 p.m. and at 
all other times during these hours, if an opening will not unduly delay 
railroad operations.

[[Page 471]]

    (2) From October 16 through May 14, the draws shall open on signal 
if at least 24 hours notice is given.
    (3) Any vessel which has passed through one of these bridges shall 
be passed through the draw of the other bridge without delay. When open 
for the passage of any vessel, these bridges shall remain open 
sufficiently long to permit the passage through both bridges of all 
vessels waiting to pass.
    (4) The draws shall open as soon as possible for an emergency or 
vessel in distress.

[CGD3 85-42, 50 FR 26714, June 28, 1985]



Sec. 117.904  Delaware River.

    See Sec. 117.716, Delaware River, listed under New Jersey.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]



Sec. 117.905  Schuylkill River.

    (a) The following requirements apply to all drawbridges across the 
Schuylkill River:
    (1) The draws of railroad bridges need not be opened when there is a 
train in the bridge block approaching the bridge with the intention of 
crossing, or within five minutes of the known time of the passage of a 
scheduled passenger train.
    (2) The opening of a bridge may not be delayed more than five 
minutes for a highway bridge or 10 minutes for a railroad bridge, after 
the signal to open is given.
    (3) The owners of drawbridges shall provide and keep in good legible 
condition two board gages painted white with black figures not less than 
six inches high to indicate the vertical clearance under the closed draw 
at all stages of the tide. The gages shall be so placed on the bridge 
that they are plainly visible to operators of vessels approaching the 
bridge either up or downstream.
    (b) The Passyunk Avenue bridge, mile 3.5 at Philadelphia, shall open 
on signal at all times if at least four hours notice is given. Public 
vessels of the United States shall be passed as soon as possible at any 
time.
    (c) The draw of the Conrail bridge, mile 5.5 at Grays Ferry Avenue, 
Philadelphia, shall open on signal; except that, on Saturdays and 
Sundays, the draw shall open on signal if at least two hours notice is 
given. Public vessels of the United States shall be passed as soon as 
possible at any time.
    (d) The draw of the University Avenue bridge, mile 6.2 at 
Philadelphia, shall open on signal at all times if at least two hours 
notice is given. Public vessels of the United States shall be passed as 
soon as possible at any time.
    (e) The draw of the Conrail bridge, mile 6.4 near Christian Street, 
Philadelphia, shall open on signal if at least two hours notice is 
given.

[CGD 82-025, 49 FR 43462, Oct. 29, 1984]

                              Rhode Island



Sec. 117.907  Providence River.

    The draw of the US1 (Point Street) bridge, mile 7.5 at Providence, 
need not be opened for the passage of vessels from 7 a.m. to 9 a.m. and 
4 p.m. to 6 p.m. At all other times, the draw shall open on signal if at 
least 24 hours notice is given to the Director of Public Works, City 
Hall, Providence. Public vessels of the United States, state and local 
vessels used for public safety, loaded, self-propelled cargo vessels, 
and assisting tugs shall be passed as soon as possible.

                             South Carolina



Sec. 117.911  Atlantic Intracoastal Waterway, Little River to Savannah River.

    (a) General. Public vessels of the United States, tugs with tows, 
and vessels in a situation where a delay would endanger life or property 
shall, upon proper signal, be passed through the draw of each bridge 
listed in this section at anytime.
    (b) Socastee (SR544) bridge, mile 371 at Socastee. The draw shall 
open on signal except that from April 1 through June 30 and October 1 
through November 30 from 7 a.m. to 10 a.m. and 2 p.m. to 6 p.m. Monday 
through Friday, except federal holidays, the draw need open only on the 
quarter hour and three-quarter hour. From May 1 through June 30 and 
October 1 through October 31 from 10 a.m. to 2 p.m., Saturdays, Sundays 
and federal holidays, the draw need open only on the quarter hour and 
three-quarter hour.

[[Page 472]]

    (c) Ben Sawyer (SR 703) bridge across Sullivan's Island Narrows, 
mile 462.2 between Sullivan's Island and Mount Pleasant. The draw shall 
open on signal; except that, the draw need not open from 7 a.m. to 9 
a.m. and from 4 p.m. to 6 p.m. Monday through Friday except Federal 
holidays. On Saturdays, Sundays, and Federal holidays from 9 a.m. to 7 
p.m. the draw need open only on the hour.
    (d) SR 171/700 bridge across Wappoo Creek Mile 470.8 at Charleston. 
The draw shall open on signal, except that from April 1 to November 30 
from 9 a.m. to 4 p.m. Monday through Friday, except federal holidays, 
and from 9 a.m. to 7 p.m., on Saturdays, Sundays and federal holidays, 
the bridge need not open except on the hour and half-hour. From June 1 
to September 30 and from December 1 to March 30 the draw need not open 
from 6:30 a.m. to 9 a.m. and from 4 p.m. to 6:30 p.m. Monday through 
Friday, except federal holidays, and from April 1 to May 31 and from 
October 1 to November 30 Monday through Friday, except federal holidays, 
the draw need not open from 6 a.m. to 9 a.m. and from 4 p.m. to 6:30 
p.m.
    (e) John Limehouse bridge across the Stono River, mile 479.3 at 
Johns Island. The draw shall open on signal; except that between 6:30 
a.m. and 9 a.m., and 4 p.m. and 6:30 p.m., Monday thorough Friday except 
federal holidays the draw need open only on the hour and 30 minutes 
after the hour. Between 9 a.m. and 4 p.m., Monday through Friday except 
federal holidays, from March 15 to June 15, and from September 15 to 
November 15, the bridge need not be opened except on the hour, 20 
minutes after the hour, and 40 minutes after the hour.
    (f) Lady's Island bridge, across the Beaufort River, mile 536.0 at 
Beaufort. The draw shall open on signal, except that from 7 a.m. to 9 
a.m. and 4 p.m. to 6 p.m. Monday through Saturday, except Federal 
holidays, the draw need open only on the hour. During the months of 
April, May, June, September, October and November, from 9 a.m. to 4 
p.m., Monday through Saturday, except Federal holidays, the draw need 
open only on the hour, 20 minutes after the hour and 40 minutes after 
the hour.

[CGD7 84-29, 50 FR 51250, Dec. 16, 1985, as amended by CGD7 85-55, 51 FR 
12320, Apr. 10, 1986; CGD7 86-12, 51 FR 25054, July 10, 1986; CGD7 87-
25, 52 FR 42648, Nov. 6, 1987; CGD7 87-18, 52 FR 44107, Nov. 18, 1987; 
CGD7-90-07, 55 FR 24231, June 15, 1990; CGD7-90-25, 56 FR 1491, Jan. 15, 
1991; CGD7-92-82, 57 FR 57963, Dec. 8, 1992]



Sec. 117.913  Ashepoo River.

    The draw of the Seaboard System Railroad bridge, mile 32.0 at 
Ashepoo, need not be opened for the passage of vessels. However, the 
draw shall be returned to operable condition within six months after 
notification by the District Commander to do so.



Sec. 117.915  Ashley River.

    (a) The draws of the US17 highway bridges, miles 2.4 and 2.5 at 
Charleston, shall open on signal; except that, from 7 a.m. to 9 a.m. 
Monday through Friday and 4 p.m. to 7 p.m. daily, the draws need be 
opened only if at least 12 hours notice is given. The draws of either 
bridge shall open as soon as possible for the passage of vessels in an 
emergency involving danger to life or property.
    (b) The draw of the Seaboard System Railroad bridge, mile 12.0 near 
Drayton Hall, shall open on signal from 7 a.m. to 11 p.m. From 11 p.m. 
to 7 a.m., the draw shall open on signal if at least three hours notice 
is given.



Sec. 117.917  Battery Creek.

    The draw of the State highway bridge, mile 2.1 between Beaufort and 
Parris Island, shall open on signal if at least 24 hours notice is 
given.



Sec. 117.921  Broad River.

    (a) The draw of the S170 bridge, mile 14.0 near Beaufort, shall open 
on signal if at least 24 hours notice is given.
    (b) The draw of the Seaboard System Railroad bridge, mile 17.0 near 
Whale Branch, shall open on signal if at least 24 hours notice is given.



Sec. 117.923  Congaree River.

    The draw of the Southern Railway bridge, mile 4.3 at Moye's Station, 
shall open on signal if at least 24 hours notice is given.

[[Page 473]]



Sec. 117.925  Cooper River.

    The draw of the Seaboard System Railroad bridge, mile 42.8 near 
Cordesville, shall open on signal if at least six hours advance notice 
is given.

[CGD 7-85-24, 50 FR 37175, Sept. 12, 1985]



Sec. 117.927  Coosaw River (Whale Branch).

    The draw of the Seaboard System Railroad bridge, mile 5.3 at 
Seabrook, and the draw of the US21 bridge, mile 7.0 at Beaufort, shall 
open on signal from 6 a.m. to 8 p.m. Monday through Friday if at least 
24 hours notice is given. At all other times, the draw need not be 
opened for the passage of vessels.



Sec. 117.929  Durham Creek.

    The removable span of the Seaboard System Railroad bridge, mile 1.7 
at Bushy Park, shall be removed to allow the passage of dredges and 
construction equipment if at least 20 days notice is given. When 
notified by the City of Charleston of an emergency in the Bushy Park 
Reservoir, the span shall be removed as soon as possible to permit the 
passage of dredges and construction equipment.



Sec. 117.933  Pee Dee River.

    The draws of the Seaboard System Railroad bridges, mile 72.6 near 
Poston and mile 107.2 near Pee Dee, need not be opened for the passage 
of vessels.



Sec. 117.935  Rantowles Creek.

    The draw of the Seaboard System Railroad bridge, 1.1 near Rantowles, 
need not be opened for the passage of vessels.



Sec. 117.937  Savannah River.

    See Sec. 117.371, Savannah River, listed under Georgia.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]



Sec. 117.938  Waccamaw River.

    The draw of the Waccamaw Coast Line Railroad bridge, mile 44.4 at 
Conway, shall open on signal; except that from 8 a.m. to 6 p.m. Monday 
through Friday, the draw shall open on signal if at least one hour 
notice is given.

[CGD7-90-80, 56 FR 1491, Jan. 15, 1991]



Sec. 117.939  Wando River.

    The draw of the S41 bridge, mile 10.0 near Cainhoy, shall open on 
signal if at least 12 hours notice is given.

                              South Dakota



Sec. 117.941  Missouri River.

    The draws of the US81 bridge, mile 805.7 at Yankton, and the Chicago 
and Northwestern Railroad bridge, mile 1066.5 at Pierre, need not be 
opened for the passage of vessels.

                                Tennessee



Sec. 117.943  Cumberland River.

    The draw of the Seaboard System Railroad bridge over the Cumberland 
River, mile 126.5, at Clarksville, shall open on signal when the 
vertical clearance under the navigational span is 47 feet or less. The 
draw shall open on signal if at least two hours notice is given when the 
vertical clearance is greater than 47 feet. The draw need not be opened 
for a vessel that arrives at the bridge more than 30 minutes after the 
time specified in the notice, unless a second two hours notice has been 
given.

[CGD02 86-01, 51 FR 32319, Sept. 11, 1986]



Sec. 117.945  Hatchie River.

    The draws of the Illinois Central Gulf railroad bridge, mile 35.0 at 
Covington, and the Seaboard System Railroad bridge, mile 71.0 at 
Brownsville, need not be opened for the passage of vessels.



Sec. 117.947  Obion River.

    The draws of all bridges on the Obion River need not be opened for 
the passage of vessels.



Sec. 117.949  Tennessee River.

    The draws of the Chief John Ross Bridge over the Tennessee River, 
mile 464.1, at Chattanooga, and the Southern Railway Bridge over the 
Tennessee River, mile 470.7, at Hixon, Tennessee, shall open on signal 
when the vertical clearance beneath the draw is 50 feet or

[[Page 474]]

less. When the vertical clearance beneath the draw is more than 50 feet, 
at least eight hours notice is required. When the operator of a vessel 
returning through the draw within four hours informs the drawtender of 
the probable time of return, the drawtender shall return one half hour 
before the time specified and promptly open the draw on signal for the 
vessel without further notice. If the vessel giving notice fails to 
arrive within one hour after the arrival time specified, whether upbound 
or downbound, a second eight hours notice is required. Clearance gages 
of a type acceptable to the Coast Guard shall be installed on both sides 
of each bridge.

[CGD02 86-02, 51 FR 32320, Sept. 11, 1986; 51 FR 41894, Nov. 19, 1986]

                                  Texas



Sec. 117.951  Arroyo Colorado River.

    The draw of the S106 highway bridge, mile 22.5 at Rio Hondo, shall 
open on signal if at least 12 hours notice is given.



Sec. 117.953  Brazos River (Diversion Channel).

    (a) The draw of the S36 highway bridge, mile 4.4 at Freeport, shall 
open on signal if at least 12 hours notice is given.
    (b) The draw of the Missouri Pacific railroad bridge, mile 22.6 at 
Brazoria, need not be opened for the passage of vessels.



Sec. 117.955  Buffalo Bayou.

    (a) The draw of the Lockwood Drive bridge, mile 2.3 mile at Houston, 
and all drawbridges downstream of it, shall open on signal if at least 
24 hours notice is given.
    (b) The draws of the Southern Pacific railroad bridge, mile 3.1, and 
the Houston Belt and Terminal railroad bridge, mile 4.3, need not be 
opened for the passage of vessels.

[CGD-8-89-11, 55 FR 2066, Jan. 22, 1990]



Sec. 117.957  Cedar Bayou.

    The draw of the Missouri Pacific railroad automated bridge, mile 7.0 
at Baytown, operates as follows:
    (a) The draw shall be maintained at a vertical clearance of 81.4 
feet above mean high water. Fixed green navigation lights shall be 
displayed in the center of the draw.
    (b) When a train approaches the bridge, the navigation lights shall 
be changed from green to red, alternating flashing red lights turned on, 
and a horn sounded for six minutes. At the end of six minutes, the draw 
may be lowered and locked if the scanning equipment does not detect any 
object under the span. If the scanning equipment detects an obstruction, 
the draw shall be raised until the obstruction is cleared.
    (c) After a train has cleared the bridge, the draw shall be raised 
to 81.4 feet above mean high water, the flashing red lights stopped, and 
the navigation lights changed from red to green.



Sec. 117.959  Chocolate Bayou.

    The draw of the Missouri Pacific railroad bridge, mile 11.4 at 
Liverpool, need not be opened for the passage of vessels.



Sec. 117.961  Clear Creek.

    The draw of the Southern Pacific railroad bridge, mile 1.0 at 
Seabrook, shall be maintained in the fully open position except for the 
crossing of trains or for maintenance.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD8-86-7, 51 FR 
30639, Aug. 28, 1986]



Sec. 117.963  Colorado River.

    The draw of the highway bridge, mile 10.7 at Wadsworth need open on 
signal Monday through Friday only, and then only from 8 a.m. to 5 p.m. 
At least 48 hours notice is required.

[CGD8-90-22, 56 FR 488, Jan. 7, 1991]



Sec. 117.965  Cow Bayou.

    The draws of the Orange County highway bridge, mile 2.9 at West 
Orange, and the S87 bridge, mile 4.5 at Bay City, shall open on signal 
if at least six hours notice is given.



Sec. 117.967  Greens Bayou.

    The draw of the Port Terminal Railroad Association railroad bridge, 
mile 2.8 at Houston, shall open on signal if

[[Page 475]]

at least four hours notice is given. The draw shall open on signal for 
three hours thereafter for returning downbound vessels.



Sec. 117.968  Gulf Intracoastal Waterway.

    The draw of the Port Isabel bridge, mile 666.0, shall open on 
signal; except that, from 5 a.m. to 8 p.m. on weekdays only, excluding 
holidays, the draw need open only on the hour for pleasure craft. The 
draw shall open on signal at any time for commercial vessels, for a 
vessel in distress, or for an emergency aboard a vessel. When the draw 
is open for a commercial vessel, waiting pleasure craft shall be passed.

[CGD8-90-10, 56 FR 14644, Apr. 11, 1991]



Sec. 117.969  Lavaca River.

    The draws of the Missouri Pacific railroad bridge, mile 11.2, and 
the highway bridge, mile 11.2, both at Vanderbilt, shall open on signal 
if at least 48 hours notice is given. In emergencies, the draws shall 
open as soon as possible.



Sec. 117.971  Neches River.

    The draw of the Atchison, Topeka and Santa Fe railroad bridge, mile 
53.9 at Evadale, need not be opened for the passage of vessels.



Sec. 117.975  Old Brazos River.

    The draw of the Missouri Pacific railroad bridge, mile 4.4 at 
Freeport, shall be maintained in the fully open position, except for the 
crossing of trains or for maintenance.



Sec. 117.977  Pelican Island Causeway, Galveston Channel.

    The draw of the Pelican Island Causeway bridge, mile 356.1 across 
Galveston Channel at Galveston, shall open on signal; except that, from 
7 a.m. to 8:30 a.m., 12 noon to 1 p.m., and 4:15 p.m. to 5:15 p.m. 
Monday through Friday except Federal holidays, the draw need not be 
opened for passage of vessels. Public vessels of the United States and 
vessels in distress shall be passed at any time.

[CGD08-94-024, 59 FR 42758, Aug. 19, 1994]



Sec. 117.979  Sabine Lake.

    The draw of the S82 bridge, mile 10.0 at Port Arthur, shall open on 
signal; except that, from 9 p.m. to 5 a.m., the draw shall open on 
signal if at least six hours notice is given to the Maintenance 
Construction Supervisor or the Maintenance Foreman at Port Arthur.



Sec. 117.981  Sabine River.

    See Sec. 117.493, Sabine River, listed under Louisiana.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]



Sec. 117.983  Sabine River (Old Channel) behind Orange Harbor Island.

    The draw of the highway bridge, mile 9.5 at Orange, need not be 
opened for the passage of vessels.

[CGD 08-84-08, 50 FR 19527, May 9, 1985]



Sec. 117.984  San Bernard River.

    The draw of the Missouri Pacific railroad bridge, mile 20.7 near 
Brazoria, shall open on signal; except that, from 10 a.m. to 2 p.m. and 
10 p.m. to 2 a.m., the draw shall open on signal if at least three hours 
notice is given.

[CGD 08-84-14, 50 FR 15743, Apr. 22, 1985]



Sec. 117.987  Taylor Bayou.

    The draws of the Southern Pacific railroad bridge, mile 2.0, and the 
S73 bridge, mile 10.2, both at West Port Arthur, need not be opened for 
the passage of vessels.



Sec. 117.989  Trinity River.

    The draws of the Southern Pacific railroad bridges, mile 41.4 at 
Liberty and mile 117.3 at Goodrich, the Missouri Pacific railroad 
bridges, mile 54.8 at Kenefick and mile 181.8 at Riverside, and the 
Atchison Topeka and Santa Fe railroad bridge, mile 96.2 at Romayor, need 
not be opened for the passage of vessels.

[CGD-8-89-11, 55 FR 2066, Jan. 22, 1990]



Sec. 117.991  Victoria Channel.

    The draw of the Missouri Pacific railroad automated bridge, mile 
29.4 near Bloomington, operates as follows:
    (a) The draw is not constantly manned and is normally in the down

[[Page 476]]

position, providing a vertical clearance of 22 feet above mean high 
water.
    (b) Three prolonged blasts of a horn or whistle from an approaching 
vessel activates navigational approach detectors, located one-half mile 
upstream and downstream from the bridge. If the draw is inoperable, the 
vessel's sound signals activate an alarm to alert bridge maintenance 
crews.
    (c) When a vessel interrupts the beam of a navigational approach 
detector, the draw opens to the fully raised position of 50 feet above 
mean high water for 10 minutes; a navigation warning siren sounds; a 
navigation light in the center of the draw changes from red to green; 
and indicator lights located one quarter mile of each side of the bridge 
change from red to yellow. However, if a train is approaching the bridge 
so closely that the train may not be safely stopped, the navigation 
light on the bridge and the indicator lights on either side of the 
bridge remain red and the draw remains closed until the train has 
passed.
    (d) Interruption of the detector beam located at the end of the 
bridge fender system cancels the existing time intervals and starts a 
new 10 minute interval during which the draw remains open. The draw 
remains open until the vessel clears the detector located at the 
opposite end of the fender system, or the 10 minute interval elapses, 
whichever occurs earlier.
    (e) If a vessel is unable to reach the detectors located on the 
outer ends of the fender system before the draw closes, an additional 
signal of three prolonged blasts of a horn or whistle causes the draw to 
reopen and initiate a new 10 minute interval.
    (f) If the draw is in the open position for the passage of a vessel 
and a train enters an approach circuit to the bridge, the bridge remains 
open for five minutes if the detector beam has been interrupted. If the 
detector beam has not been interrupted, the draw closes at the end of 
the original 10 minute opening period and will not reopen in response to 
the additional signal described in paragraph (e) of this section. After 
the train passes, the draw opens on signal for any waiting vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]

                                 Vermont



Sec. 117.993  Lake Champlain.

    (a) The draws of the bridges listed in this section shall open as 
soon as possible for the passage of public vessels of the United States 
and Vermont Fish and Game Department vessels.
    (b) The draw of the US2 bridge, mile 91.8 between South Hero Island 
and North Hero Island, shall open on signal--
    (1) From May 15 through October 15 from 7 a.m. to 9 p.m.;
    (2) From May 15 through October 15 from 9 p.m. to 7 a.m. if at least 
four hours notice is given; and
    (3) From October 16 through May 14 if at least 24 hours notice is 
given.
    (c) The draw of the Central Vermont Railway bridge across Missisquoi 
Bay, mile 105.6 shall open on signal:
    (1) From June 15 through September 15:
    (i) Monday through Friday from 9 a.m. to 5 p.m.:
    (ii) Saturdays, Sundays, Independence Day and Labor Day from 7 a.m. 
to 11 p.m;
    (iii) At all other times, if at least two hours notice is given.
    (2) From September 16 through June 14, if at least 24 hours notice 
is given.
    (d) The draw of the SR78 bridge, mile 105.9 between Alburg Tongue 
and East Alburg, shall open on signal if at least 24 hours notice is 
given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD3 83-059, 49 
FR 44208, Nov. 5, 1984]

                                Virginia



Sec. 117.995  Appomattox River.

    The draw of the Seaboard System Railroad bridge, mile 2.5 at 
Hopewell, shall open on signal if at least 24 hours notice is given to 
the Seaboard System Agent at Hopewell. However, a drawtender shall be in 
constant attendance and the draw shall open on signal upon 30 days 
notice, in writting, to do so from the District Commander.

[[Page 477]]



Sec. 117.997  Atlantic Intracoastal Waterway, South Branch of the Elizabeth River to the Albemarle and Chesapeake Canal.

    (a) The draw of the Jordan (S337) bridge, mile 2.8, in Chesapeake:
    (1) Shall open on signal at any time for public vessels of the 
United States, vessels in distress, commercial vessels carrying 
liquefied flammable gas or other harmful substances, and commercial and/
or public vessels assisting in any emergency situation.
    (2) From 6:30 a.m. to 7:30 a.m. and from 3:30 p.m. to 5 p.m., Monday 
through Friday, except Federal holidays:
    (i) Need not open for the passage of pleasure craft or commercial 
vessels that do not qualify under paragraph (a)(2)(ii) of this section.
    (ii) Need not open for commercial cargo vessels, including tugs and 
tows, unless 2 hours advance notice has been given to the Jordan Bridge 
Office at (804) 545-4695.
    (3) Shall open on signal at all other times.
    (b) The draw of the Norfolk and Western railroad bridge across the 
South Branch of the Elizabeth River, mile 3.6 at Portsmouth-Chesapeake, 
shall be maintained in the open position; except the draw may close for 
the crossing of trains and maintenance of the bridge. When the draw is 
closed, a drawtender shall be present and the draw shall open on signal.
    (c) The draw of the Gilmerton (US13/460) bridge, mile 5.8, in 
Chesapeake:
    (1) Shall open on signal at any time for public vessels of the 
United States, vessels in distress, commercial vessels carrying 
liquefied flammable gas or other harmful substances, and commercial and/
or public vessels assisting in any emergency situation.
    (2) From 6:30 a.m. to 8 a.m. and from 3:30 p.m. to 5 p.m., Monday 
through Friday, except Federal holidays the bridge:
    (i) Need not open for the passage of pleasure craft or commercial 
vessels that do not qualify under paragraph (c)(2)(ii) of this section.
    (ii) Need not open for commercial cargo vessels, including tugs, and 
tugs with tows, unless 2 hours advance notice has been given to the 
Gilmerton Bridge at (804) 545-1512.
    (3) Shall open on signal at all other times.
    (d) The draw of the I64 bridge across the South Branch of the 
Elizabeth River, mile 7.1 at Chesapeake, shall open on signal if at 
least 24 hours notice is given.
    (e) The draw of the Dominion Boulevard Bridge, mile 8.8, in 
Chesapeake shall open on signal, except:
    (1) From 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m., Monday through 
Friday, except Federal holidays, the drawbridge need not open for the 
passage of recreational vessels.
    (2) Vessels in an emergency involving danger to life or property 
shall be passed at any time.
    (f) The draw of the S168 bridge, mile 12 at Chesapeake (Great 
Bridge), shall open on signal; except that, from 6 a.m. to 7 p.m., the 
draw need be opened only on the hour. If any vessel is approaching the 
bridge and cannot reach the draw exactly on the hour, the drawtender may 
delay the hourly opening up to 10 minutes past the hour for the passage 
of the approaching vessel and any other vessels that are waiting to 
pass. Vessels in an emergency condition which presents danger to life or 
property shall be passed at any time.
    (g) The draw of the Albemarle & Chesapeake Railroad bridge, mile 
13.9, in Chesapeake, Virginia, shall be maintained in the open position; 
the draw may close only for the crossing of trains and maintenance of 
the bridge. When the draw is closed, a bridgetender shall be present to 
reopen the draw after the train has cleared the bridge.
    (h) The draw of the Centerville Turnpike (SR 170) bridge across the 
Albemarle and Chesapeake Canal, mile 15.2, at Chesapeake, shall open on 
signal; except that, from 7 a.m. to 7 p.m., the draw need only be opened 
on the hour and half-hour, seven days a week year-around, for the 
passage of pleasure craft. Public vessels of the United States, 
commercial vessels, and vessels in an emergency condition which

[[Page 478]]

present danger to life or property shall be passed at any time.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD5-91-045, 56 
FR 49411, Sept. 30, 1991; CGD5-90-026, 57 FR 46506, Oct 9, 1992; CGD5-
90-043, 58 FR 16124, Mar. 25, 1993; CGD05-94-050, 59 FR 67632, Dec. 30, 
1994; CGD05-94-117, 60 FR 37365, July 20, 1995; CGD05-95-029, 61 FR 
1715, Jan. 23, 1996]



Sec. 117.999  Blackwater River.

    The draw of the S189 bridge, mile 9.2 at South Quay, shall open on 
signal if at least 24 hours notice is given.



Sec. 117.1001  Cat Point Creek.

    The draw of the S634 bridge, mile 0.3 at Naylors, need not be opened 
for the passage of vessels.



Sec. 117.1003  Chickahominy River.

    The draw of the highway bridge, mile 1.5 at Barrets Ferry, shall 
open on signal; except that, from 11 p.m. to 7 a.m., the draw shall open 
on signal if at least 12 hours notice is given.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 37382, Sept. 24, 1984]



Sec. 117.1007  Elizabeth River--Eastern Branch.

    (a) The draw of the Norfolk and Western Railroad bridge, mile 2.7 at 
Norfolk, shall open on signal; except that, from 10 p.m. to 6 a.m., the 
draw shall open on signal if at least three hours notice is given.
    (b) The draw of the Berkley Bridge mile 0.4. at Norfolk, shall 
remain closed one hour prior to the published start of a scheduled 
marine event regulated under Sec. 100.501, and shall remain closed until 
one hour following the completion of the event unless the Patrol 
Commander designated under Sec. 100.501 allows the bridge to open for 
commercial vessel traffic.
    (c) The draw of the Berkley Bridge, mile 0.4 in Norfolk--
    (1) Shall open on signal at any time except from 5:30 a.m. to 9 a.m. 
and from 3:30 p.m. to 6:30 p.m., Monday through Friday, except Federal 
holidays.
    (2) From 5:30 a.m. to 9 a.m. and from 3:30 p.m. to 6:30 p.m., Monday 
through Friday, except Federal holidays;
    (3) Shall open at any time for commercial vessels with a draft of 22 
feet or more, provided at least 12 hours advance notice has been given 
to the Berkley Bridge Traffic Control Room at (804) 494-2424, and
    (4) Shall open on signal at any time for a vessel in distress.

[CGD 82-025, 49 FR 43463, Oct. 29, 1984, as amended by CGD 05-88-13, 53 
FR 20321, June 3, 1988; CGD 5-89-43, 54 FR 30039, July 18, 1989; CGD5-
90-023, 55 FR 23434, June 8, 1990]



Sec. 117.1011  Great Wicomico River.

    The draw of the S200 bridge, mile 8.0 at Tipers, shall open on 
signal; except that, if an opening is desired from 6 p.m. to 6 a.m., the 
drawtender on duty shall be notified before 6 p.m.



Sec. 117.1013  Kinsale Creek.

    The draw of the state highway bridge, mile 4.0, at Kinsale need not 
be opened for the passage of vessels.



Sec. 117.1015  Mattaponi River.

    The draws of the Lord Delaware (S33) bridge, mile 0.8 at West Point, 
and the S629 bridge, mile 28.5 at Walkerton, shall open on signal if at 
least 24 hours notice is given. The drawtender service for either bridge 
shall be increased to the degree determined to be adequate within 30 
days after written notice is received from the District Commander to do 
so.



Sec. 117.1021  North Landing River.

    The draw of the S165 bridge, mile 20.2 at Chesapeake, shall open on 
signal; except that, from 6 a.m to 7 p.m., the draw need be opened only 
on the hour and half hour for the passage of pleasure craft. Public 
vessels of the United States, commercial vessels, and vessels in an 
emergency endangering life or property shall be passed at any time.



Sec. 117.1023  Pamunkey River.

    (a) The draw of the Eltham Bridge (SR33/30), mile 1.0, located in 
West Point, Virginia, shall open on signal; except that, the bridge need 
not open for commercial crabbing and fishing vessels and recreational 
vessels on Mondays through Fridays, except Federal Holidays, from 7 a.m. 
to 9 a.m., 12 noon to 1 p.m. and 4 p.m. to 6 p.m., at all other times, 
the bridge will open for these vessels only on the hour, Monday

[[Page 479]]

through Friday, except Federal holidays.
    (b) Public vessels of the United States and vessels in an emergency 
involving danger to life or property shall be passed at any time.

[CGD05-94-072, 59 FR 46173, Sept. 7, 1994]



Sec. 117.1025  York River.

    (a) The Coleman Memorial bridge, mile 7.0, at Yorktown, shall open 
on signal; except from 5 a.m. to 8 a.m. and 3 p.m. to 7 p.m., Monday 
through Friday, except Federal holidays, the bridge shall remain closed 
to navigation.
    (b) The bridge shall be opened at anytime for vessels in an 
emergency which presents danger to life or property.

[CGD05-93-054, 59 FR 5954, Feb. 9, 1994, as amended by CGD05-95-023, 60 
FR 31247, June 14, 1995]

                               Washington



Sec. 117.1031  Chehalis River.

    (a) The draw of the Union Pacific railroad bridge, mile 0.0, at 
Aberdeen, shall open on a signal of three prolonged blasts.
    (b) The draw of the SR-101 highway bridge, mile 0.1, at Aberdeen, 
shall open on a signal of two short blasts followed by one prolonged 
blast from one hour before sunrise to one hour after sunset, except that 
from 7:15 a.m. to 8:15 a.m. and 4:15 p.m. to 5:15 p.m., Monday through 
Friday, except Federal holidays, the draw need not be opened for the 
passage of vessels of less than 5,000 gross tons. At all other times, 
the draw shall open on signal if at least one hour notice is given by 
marine radio, telephone, or other suitable means to the Washington 
Department of Transportation.

[CGD13 85-15, 51 FR 2394, 2395, Jan. 16, 1986]



Sec. 117.1035   Columbia River.

    (a) The term drawtender, as used in this section means the operator 
of the drawspan, whether that person may be a train crew member, 
maintenance person, or an officially designated drawtender.
    (b) The draw of the semi-automated Union Pacific railroad bridge 
(Kalan Bridge), mile 323.4, near Kennewick, Washington, is normally 
maintained in the fully open position with no drawtender in attendance. 
A radar beacon (RACON) is located at the center of the drawspan. The 
RACON operates only when the drawspan is fully open, by responding with 
the Morse letter ``K'' to X-band radar signals. When necessary to close 
the drawspan for the passage of a train or for maintenance, a drawtender 
shall be dispatched to operate the draw from either of the remote 
control stations located at the ends of the bridge. Operation of the 
bridge shall be as follows:
    (1) The drawtender shall broadcast a radio message over Channel 16-
VHF to all vessels in the vicinity that the Kalan Bridge will be closing 
in two minutes. If after two minutes no response is received, the 
drawtender shall broadcast a message over Channel 13-VHF that the Kalan 
Bridge is closing. Both messages shall be broadcast twice.
    (2) Prior to activating the closing sequence the drawtender shall 
visually inspect the waterway for marine traffic approaching the bridge. 
The closing sequence shall not be activated until after marine traffic 
has cleared the bridge.
    (3) When the closing sequence is activated, the following functions 
occur automatically: The RACON is deactivated, red strobe lights on the 
lift towers and on the channel piers start flashing, a downward pointing 
arrow consisting of amber colored lights is displayed from the center of 
the drawspan and a recorded message is broadcast over Channel 13-VHF 
advising that the Kalan Bridge is closed to river traffic. The radio 
message is repeated every five minutes, the red lights continue to flash 
and the downward pointing arrow is displayed, until the lift span 
returns to the up and locked position. At the end of the ten minutes, a 
horn sounds for 30 seconds, the span begins closing and the centerspan 
navigation lights turn from green to red. The horn sounds for 30 seconds 
at 10 minute intervals, until the lift span returns to the up and locked 
position.
    (4) If for any reason during the closing sequence a danger is posed 
to marine traffic, the closing sequence shall

[[Page 480]]

be stopped and the bridge reopened until the threat of danger has 
passed.
    (5) If the bridge is to be temporarily closed for maintenance or for 
purposes other than the passage of a train, the drawtender shall 
continually monitor Channels 13 and 16 for calls from approaching 
vessels, and respond to inquiries from vessels about the closure.
    (6) After a train has cleared the bridge, the following functions 
occur automatically: The drawspan returns to the fully open and locked 
position, the RACON is reactivated, the arrow display and the red strobe 
lights are extinguished, the red centerspan navigation lights return to 
green and a recorded message is broadcast over Channel 13-VHF that the 
Kalan Bridge is open for marine traffic.
    (7) Bridge status information may be obtained by calling the 
commercial telephone number posted at the drawspan of the bridge.
    (c) The draw of the Burlington Northern railroad bridge at mile 
328.0, between Pasco and Kennewick, shall open on signal from 8 a.m. to 
4 p.m. At all other times the draw shall open on signal if at least 2 
hour's notice is given through the General Yardmaster, Pasco, 
Washington.

[CGD13 92-02, 57 FR 37712, Aug. 20, 1992]



Sec. 117.1037  Cowlitz River.

    (a) The draw of the Burlington Northern railroad bridge, mile 1.5, 
shall operate as follows:
    (1) The draw shall open on signal if at least 24 hours notice is 
given.
    (2) In the event of an emergency declared by the Cowlitz County 
Department of Emergency Services, the bridge shall be capable of opening 
upon two hours notice. Notification of emergencies and requests for 
openings during emergencies are initiated through the Cowlitz County 
Department of Emergency Services.
    (3) The operating machinery of the draw shall be maintained in a 
serviceable condition and the draw shall be opened and closed at 
intervals frequent enough to make certain that the machinery is in 
proper order for satisfactory operation.
    (4) During periods of fog or similar periods of reduced visibility, 
the drawtender, after acknowledging the signal to open, shall toll a 
bell continuously during the approach and passage of the vessel.
    (b) The draw of the Allen Street Bridge, mile 5.5, need not open for 
the passage of vessels.

[CGD13 91-01, 56 FR 23518, May 22, 1991]
Sec. 117.1039  [Reserved]



Sec. 117.1041  Duwamish Waterway.

    (a) The draws of each bridge across the Duwamish Waterway shall open 
on signal, except as follows:
    (1) From Monday through Friday, except Federal holidays, the draws 
of the First Avenue South Bridge, mile 2.5, need not be opened for the 
passage of vessels from 6 a.m. to 9 a.m. and from 3 p.m. to 6 p.m., 
except: The draws shall open at any time for a vessel of 5,000 gross 
tons and over, a vessel towing a vessel of 5,000 gross tons and over, 
and a vessel proceeding to pick up for towing a vessel of 5,000 gross 
tons and over.
    (2) The draws of the Fourteenth (Sixteenth) Avenue South highway 
bridge, mile 3.8, need not be opened for the passage of vessels from 
6:30 a.m. to 8:00 a.m. and 3:30 p.m. to 5:00 p.m., Monday through 
Friday, except Federal holidays.
    (b) The following bridges shall open on the specified signals:
    (1) Burlington Northern railroad bridge, mile 0.4, and Southwest 
Spokane Street bridge, mile 0.3, one prolonged blast followed quickly by 
three short blasts.
    (2) Burlington Northern railroad bridge, mile 0.4, one prolonged 
blast followed quickly by one short blast.
    (3) First Avenue South bridge, mile 2.5, three prolonged blasts.
    (4) Fourteenth Avenue South bridge, mile 3.8, one prolonged blast 
followed quickly by one short blast and one prolonged blast.
    (c) When fog prevails by day or by night, the drawtender of bridges 
listed in this section, after giving the acknowledging signal to open, 
shall toll a

[[Page 481]]

bell continuously during the approach and passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 84-14, 49 
FR 35498, Sept. 10, 1984; CGD13 8-13, 49 FR 35628, Sept. 11, 1984; CGD13 
84-12, 50 FR 10228, Mar. 14, 1985; CGD13 85-01, 50 FR 30271, July 25, 
1985; CGD13 91-05, 56 FR 41284, Aug. 20, 1991]



Sec. 117.1045  Hood Canal.

    The draw of the Washington State pontoon highway bridge near Port 
Gamble operates as follows:
    (a) The draw shall open on signal if at least one hour's notice is 
given.
    (b) Telephone requests for bridge openings may be directed as 
collect calls to the Toll Office at the bridge site. The call may also 
be made by direct telephone communication through the Seattle Marine 
Operator, Station KOH, or through other marine wire or radio telephone 
service.
    (c) During unusual or emergency periods, the authorized 
representative of the owner of or agency controlling the bridge shall 
open the draw on a demand basis for specified periods of time, normally 
not exceeding 48 hours, when requested by the Department of the Navy. 
While on a demand basis, a drawtender shall be in attendance on the 
bridge with radio communication equipment in operation.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 84-13, 49 
FR 35628, Sept. 11, 1984]



Sec. 117.1047  Hoquiam River.

    (a) When fog prevails by day or night, the drawtender of each bridge 
listed in this section, after giving the acknowledging signal to open, 
shall toll a bell continuously during the approach and passage of 
vessels.
    (b) The draw of the Burlington Northern railroad bridge, mile 0.3 at 
Hoquiam, shall be maintained in the fully open position except for the 
passage of trains or for maintenance. When the draw of the bridge is 
closed and the visibility at the drawtender's station is less than one 
mile up or down the channel, the drawtender shall sound two long blasts 
every minute. When the draw is reopened, the drawtender shall sound one 
long blast followed by one short blast.
    (c) The draw of Simpson Avenue Bridge, mile 0.5, at Hoquiam, shall 
open on signal if at least one hour notice is given by marine radio, 
telephone, or other suitable means to the Washington Department of 
Transportation. The opening signal is two prolonged blasts followed by 
one short blast.
    (d) The draw of the Riverside Avenue Bridge, mile 0.9, at Hoquiam, 
shall open on signal if at least one hour notice is given by marine 
radio, telephone, or other suitable means to the Washington Department 
of Transportation. The opening signal is two prolonged blasts followed 
by two short blasts.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 84-11, 49 
FR 46548, Nov. 27, 1984; CGD13 85-15, 51 FR 2395, Jan. 16, 1986; CCGD13-
93-019, 58 FR 44613, Aug. 24, 1993]



Sec. 117.1049  Lake Washington.

    The draw of the Evergreen Point Floating Bridge between Seattle and 
Bellevue shall operate as follows:
    (a) The draw shall open on signal if at least two hours notice is 
given.
    (b) Telephone requests for bridge opening may be directed as collect 
calls to the Highway Radio or made by direct telephone communication 
through the Seattle Marine Operator, Station KOH, or through other 
marine wire or radiotelephone service.
    (c) The draw need not be opened from 5 a.m. to 9 p.m. Monday through 
Friday, except for all Federal holidays other than Columbus Day.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 84-13, 49 
FR 35628, Sept. 11, 1984; CGD13-94-039, 60 FR 54434, Oct. 24, 1995]



Sec. 117.1051  Lake Washington Ship Canal.

    (a) When fog prevails by day or by night, the drawtender of each 
bridge listed in this section, after giving the acknowledging signal to 
open, shall toll a bell continuously during the approach and passage of 
vessels.
    (b) All non-self-propelled vessels, craft, or rafts navigating this 
waterway for which the opening of any draw is necessary shall be towed 
by a suitable self-propelled vessel while passing the draw.

[[Page 482]]

    (c) The draw of the Burlington Northern railroad bridge, mile 0.1, 
shall open on signal.
    (d) The draws of the Ballard Bridge, mile 1.1, Fremont Bridge, mile 
2.6, and University Bridge, mile 4.3, shall open on signal, except that:
    (1) The draws need not be opened for a period of up to 10 minutes 
after receiving an opening request, if needed to pass accumulated 
vehicular traffic. However, the draws shall open without delay, when 
requested by vessels engaged in towing operations.
    (2) The draws need not open from 7 a.m. to 9 a.m. and 4 p.m. to 6 
p.m. Monday through Friday, except Federal Holidays for any vessel or 
watercraft of less than 1,000 gross tons, unless the vessel has in tow a 
vessel of 1,000 gross tons or over, except under emergency conditions 
when the Seattle City Engineer is notified.
    (3) Between the hours of 11 p.m. and 7 a.m. the draws shall open if 
at least one hour notice is given by telephone, radiotelephone, or 
otherwise to the drawtender at the Fremont Avenue Bridge.
    (e) The draw of the Montlake Bridge, mile 5.2, shall open on signal, 
except that:
    (1) The draw need not open for a period of up to 10 minutes after 
receiving an opening request, if needed to pass accumulated vehicular 
traffic. However, the draw shall open without delay, when requested by 
vessels engaged in towing operations.
    (2) For any vessel or watercraft of less than 1,000 gross tons, 
unless the vessel has in tow a vessel of 1,000 gross tons or over, from 
Monday through Friday, except Federal Holidays:
    (i) The draw need not open from 7 a.m. to 9 a.m. and from 3:30 p.m. 
to 6 p.m.
    (ii) The draw need open only on the hour and half hour from 12:30 
p.m. to 3:30 p.m. and from 6 p.m. to 6:30 p.m.
    (3) Between the hours of 11 p.m. and 7 a.m. the draw shall open if 
at least one hour notice is given by telephone, radiotelephone, or 
otherwise to the drawtender at the Fremont Bridge.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 82-025, 49 FR 
26722, June 29, 1984; CGD13 84-13, 49 FR 35628, Sept. 11, 1984; CGD13 
86-02, 51 FR 18788, May 22, 1986; CGD 13 88-03, 53 FR 10535, April 1, 
1988; CGD13 89-06, 54 FR 52798, Dec. 22, 1989; CGD 96-026, 61 FR 33664, 
June 28, 1996]



Sec. 117.1053  Lewis River.

    The draw of the Burlington Northern railroad bridge, mile 2.0 at 
Woodland, need not be opened for the passage of vessels.



Sec. 117.1055  Skagit River.

    The draws of all bridges across the Skagit river need not be opened 
for the passage of vessels. However, the draws shall be returned to 
operable condition within one year after notification by the District 
Commander to do so.



Sec. 117.1057  Skamokawa Creek.

    The draw of the Washington State highway bridge at Skamokawa need 
not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984; 49 FR 43463, Oct. 29, 1984]



Sec. 117.1058  Snake River.

    (a) The draw of the Burlington Northern railroad bridge across the 
Snake River at mile 1.5 between Pasco and Burbank is automated and is 
normally maintained in the fully open to navigation position.
    (b) Lights. All lights required for automated operation shall be 
visible for a distance of at least 2 miles and shall be displayed at all 
times, day and night.
    (1) When the draw is fully open, a steady green light shall be 
displayed at the center of the drawspan on both upstream and downstream 
sides.
    (2) When the draw is not fully open, a steady red light shall be 
displayed at the center of the drawspan on both upstream and downstream 
sides.
    (3) When the draw is about to close, flashing yellow lights in the 
form of a down-pointing arrow shall be displayed

[[Page 483]]

at the center of the drawspan on both upstream and downstream sides.
    (4) A similar set of red, green, and yellow lights shall be 
displayed on a remote lighting panel located near the north end, 
upstream side, of the Washington State highway bridge at mile 2.2. These 
lights shall be synchronized with the lights on the railroad bridge and 
shall be visible to vessles traveling downstream throughout the passage 
of the channel adjacent to Strawberry Island.
    (c) Operation. When a train approaches the bridge, the yellow lights 
shall start flashing. After an eight-minute delay, the green lights 
shall change to red, the drawspan shall lower and lock, and the yellow 
lights shall be extinguished. Red lights shall continue to be displayed 
until the train has crossed and the drawspan is again in the fully open 
position. At that time, the red lights shall change green.
    (d) Vessels equipped with radiotelephones may contact Burlington 
Northern to obtain information on the status of the bridge. Bridge 
status information also may be obtained by calling the commercial 
telephone number posted at the drawspan of the bridge.

[CGD13 84-05, 49 FR 43956, Nov. 1, 1984]



Sec. 117.1059  Snohomish River, Steamboat Slough, and Ebey Slough.

    (a) Drawtenders of bridges listed in this section shall acknowledge 
sound signals as follows:
    (1) When draw can be opened immediately, two prolonged blasts 
followed by one short blast or three loud and distinct strokes of a 
bell.
    (2) When draw cannot be opened immediately, or when it is open and 
must be closed promptly, two prolonged blasts or two loud and distinct 
strokes of a bell. This signal may also be used by a vessel to 
countermand its call signal.
    (b) When fog prevails by day or by night, the drawtender of each 
bridge listed in this section, after giving the acknowledging signal to 
open, shall toll a bell continuously during the approach and passage of 
vessels.
    (c) The draws of the twin, SR 529, highway bridges across the 
Snohomish River, mile 3.6, at Everett shall open on signal if at least 
one-hour notice is given. On weekdays, Monday through Friday, notice for 
openings shall be given by marine radio, telephone, or other means to 
the drawtender at the SR 529 highway bridge across Ebey Slough, at 
Marysville, and at all other times to the drawtender at the twin SR 529 
bridges at Everett. One signal opens both draws. During freshets, a 
drawtender shall be in constant attendance and the draws shall open on 
signal when so ordered by the District Commander.
    (d) The draw of the SR2 highway bridge across the Snohomish River, 
mile 6.9, at Everett, shall open on signal if at least four hours notice 
is given. During freshets, a drawtender shall be in constant attendance 
and the draw shall open on signal when so ordered by the District 
Commander.
    (e) The draw of the Burlington Northern railroad bridge across the 
Snohomish River, mile 15.5, at Snohomish, need not be opened for the 
passage of vessels.
    (f) The draw of the Burlington Northern railroad bridge across 
Steamboat Slough, mile 1.0, near Marysville, shall open on signal if at 
least four hours notice is given. The opening signal is one prolonged 
blast followed by one short blast and one prolonged blast.
    (g) The draws of the twin, SR 529, highway bridges across Steamboat 
Slough, miles 1.1 and 1.2, near Marysville, shall open on signal if at 
least four-hours notice is given. On weekdays, Monday through Friday, 
notice for openings shall be given by marine radio, telephone, or other 
means to the drawtender at the SR 529 highway bridge across Ebey Slough, 
at Marysville, and at all other times to the drawtender at the twin SR 
529 bridges at Everett. One signal opens both draws. During freshets, a 
drawtender shall be in constant attendance and the draws shall open on 
signal when so ordered by the District Commander.
    (h) The draws of the SR 529, highway bridge, across Ebey Slough, 
mile 1.6, at Marysville, shall open on signal if at least one-hour 
notice is given. On weekdays, Monday through Friday, notice for openings 
shall be given by marine radio, telephone, or other means,

[[Page 484]]

to the drawtender at this bridge, and at all other times to the 
drawtender at the SR 529 bridges across the Snohomish River at Everett. 
During freshets, a drawtender shall be in constant attendance and the 
draws shall open on signal when so ordered by the District Commander.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 84-13, 49 
FR 35628, Sept. 11, 1984; CGD13 85-10, 50 FR 25961, June 24, 1985]



Sec. 117.1061  Tacoma Harbor.

    (a) When fog prevails by day or night, the drawtender of each bridge 
listed in this section, after giving the acknowledging signal to open, 
shall toll a bell continuously during the approach and passage of 
vessels.
    (b) The draw of the South 11th Street bridge across City Waterway, 
mile 0.6, at Tacoma, shall open on signal if at least two hours notice 
is given. However the draw need not be opened from 6:30 a.m. to 8:30 
a.m. and 3:30 p.m. to 5:30 p.m. Monday through Friday, except Federal 
holidays for vessels of less than 1,000 gross tons, unless the vessels 
have in tow a vessel 1,000 gross tons or over, or unless the opening of 
the draw is required for the pickup of a vessel of 1,000 gross tons or 
over for towing. In emergencies, openings shall be made as soon as 
possible upon notification to the Washington State Department of 
Transportation.
    (c) The draw of the East 11th Street bridge across Blair Waterway, 
at Tacoma, shall open on signal. However the draw need not be opened 
from 6:30 a.m. to 8:30 a.m. and 3:30 p.m. to 5:30 p.m. Monday through 
Friday, except Federal holidays for vessels of less than 1,000 gross 
tons, unless the vessels have in tow a vessel 1,000 gross tons or over, 
or unless the opening of the draw is required for the pickup of a vessel 
of 1,000 gross tons or over for towing. In emergencies, openings shall 
be made as soon as possible upon notification to the Washington State 
Department of Transportation.
    (d) The draws of the East 11th Street bridge across Hylebos 
Waterway, at Tacoma, shall open on signal. However the draws need not be 
opened from 6:30 a.m. to 8:30 a.m. and 3:30 p.m. to 5:30 p.m. Monday 
through Friday, except Federal holidays for vessels of less than 1,000 
gross tons, unless the vessels have in tow a vessel 1,000 gross tons or 
over, or unless the opening of the draw is required for the pickup of a 
vessel of 1,000 gross tons or over for towing. In emergencies, openings 
shall be made as soon as possible upon notification to the Washington 
State Department of Transportation.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 84-13, 49 
FR 35629, Sept. 11, 1984; 49 FR 44632, Nov. 8, 1984]



Sec. 117.1063  Willapa River.

    (a) The draw of the US101 highway bridge across the North Fork 
Willapa River, mile 7.8, at Raymond need not be opened for the passage 
of vessels. However the draw shall be returned to an operable condition 
within six months after notification by the District Commander to do so.
    (b) The draw of the Burlington Northern railroad bridge across the 
South Fork Willapa River, mile 0.3, at Raymond, shall open on signal if 
at least 24 hours notice is given.

[CGD13 84-13, 49 FR 35629, Sept. 11, 1984]



Sec. 117.1065  Wishkah River.

    (a) When fog prevails by day or by night, the drawtender of each 
bridge listed in this section, after giving the acknowledging signal to 
open, shall toll a bell continuously during the approach and passage of 
vessels.
    (b) The draw of the Burlington Northern railroad bridge, mile 0.1 at 
Aberdeen, shall be maintained in the fully open position, except for the 
passage of trains or for maintenance. When the draw of the bridge is 
closed and the visibility at the drawtender's station is less than one 
mile up or down the channel, the drawtender shall sound two prolonged 
blasts every minute. When the draw is reopened, the drawtender shall 
sound one prolonged blast followed by one short blast.
    (c) The draws of the Heron Street Bridge, mile 0.2, and the Wishkah 
Street Bridge, mile 0.4, at Aberdeen, shall open on signal if a least 
one hour notice is given by marine radio, telephone, or other suitable 
means to the Washington Department of Transportation. The opening signal 
for both

[[Page 485]]

bridges is one prolonged blast followed by two short blasts.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 85-15, 51 
FR 2395, Jan. 16, 1986]

                                Wisconsin



Sec. 117.1081  Black River.

    The draw of the Chicago, Milwaukee, St. Paul and Pacific railroad 
bridge, mile 1.0 at La Crosse, shall open on signal if at least two 
hours notice is given.



Sec. 117.1083  Duluth-Superior Harbor (St. Louis River).

    (a) The draws of the Burlington Northern railroad bridge, mile 5.7 
at Duluth, shall open on signal; except that, from January 1 through 
March 15, the draws shall open on signal if at least 24 hours notice is 
given. The opening signal for the Minnesota Draw is one prolonged blast 
followed by two short blasts and for the Wisconsin Draw is two prolonged 
blasts followed by two short blasts.
    (b) The draws of the Grassy Point bridge, mile 8.0 at Duluth, and 
the Arrowhead bridge, mile 8.7 at Duluth, shall open on signal; except 
that, from January 1 through March 15, the draws shall open on signal if 
at least 24 hours notice is given. The opening signal for the Grassy 
Point bridge is two short blasts followed by one prolonged blast and for 
the Arrowhead bridge is three prolonged blasts.
    (c) The draw of the Duluth, Missabe and Iron Range Railway bridge, 
mile 16.3 at Duluth, need not be opened for the passage of vessels. The 
owner shall return the draw to operable condition within a reasonable 
time when notified by the District Commander to do so.



Sec. 117.1085  East River.

    The draw of the Monroe Avenue bridge, mile 0.3 at Green Bay, need 
not be opened for the passage of vessels.



Sec. 117.1087  Fox River.

    (a) The draws of the Main Street bridge, mile 1.6, Walnut Street 
bridge, mile 1.8, and Mason Street bridge, mile 2.2, all at Green Bay, 
need not be opened for the passage of vessels from 7 a.m. to 8 a.m., 12 
noon to 1 p.m., and 4 p.m. to 5 p.m. Monday through Saturday except 
Federal holidays. Public vessels of the United States, tugs, fireboats, 
and vessels with a cargo capacity of 300 short tons or over engaged in 
commercial transportation shall be passed at any time. The opening 
signal for the Main Street bridge is two short blasts followed by one 
prolonged blast, for the Walnut Street bridge one prolonged blast 
followed by two short blasts, and for the Mason Street bridge one 
prolonged blast, followed by one short blast, followed by one prolonged 
blast.
    (b) The draw of the George Street bridge, mile 7.2 at DePere, shall 
open on signal during the navigation season; except that, from 6 p.m. to 
8 a.m. during the navigation season, the draw shall open on signal if at 
least two hours notice is given.
    (c) The draws of the Main Street bridge, mile 56.3, Jackson Street 
bridge, mile 56.5, Wisconsin Street bridge, mile 57.0, and the Congress 
Avenue bridge, mile 58.3 all at Oshkosh, shall open on signal from 8 
a.m. to 12 midnight; except that, from Monday through Friday from 11:45 
a.m. to 12:15 p.m., 12:45 p.m. to 1:15 p.m., and 3 p.m. to 5 p.m., the 
draws need not be opened for other than public vessels of the United 
States except on Memorial Day, Independence Day, and Labor Day. From 12 
midnight to 8 a.m., the draws shall open on signal if at least two hours 
notice is given by radiotelephone to the Main Street bridge drawtender 
or the Winnebago County Sheriff's Department.
    (d) The draw of each bridge at or between Berlin and Portage need 
not open for the passage of vessels.



Sec. 117.1089  Manitowoc River.

    (a) The draws of the Eighth Street bridge, mile 0.3, and the Tenth 
Street bridge, mile 0.5, both at Manitowoc, shall open on signal Monday 
through Friday except Saturdays, Sundays, New Year's Day, Independence 
Day, Labor Day, Thanksgiving Day and Christmas Day or on the Monday 
following these holidays when they occur on a Sunday. The draws need not 
be opened from 6:50 a.m. to 7 a.m., 7:50 a.m. to 8 a.m., 11:55 a.m. to 
12:10 p.m., and 12:45 p.m. to 1 p.m. The opening

[[Page 486]]

signal for the Eighth Street bridge is one prolonged blast followed by 
one short blast and for the Tenth Street bridge is two short blasts 
followed by one prolonged blast. When signal is given by a car ferry or 
other large vessel to open either bridge, the remaining bridge shall 
also be opened promptly so that the vessel is not held between the two 
bridges.
    (b) The draw of the Soo Line railroad bridge, mile 0.9 shall open on 
the signal of two short blasts followed by one prolonged blast.



Sec. 117.1091  Menomonee River.

    The draw of the Ogden-First Street bridge, mile 0.4 at Marinette, 
shall open on signal from 7 a.m. to 11 p.m. from May 1 through October 
31. From 11 p.m. to 7 a.m. from May 1 through October 31, the draw shall 
open on signal if at least two hours notice is given. From November 1 
through April 30, the draw shall open on signal if at least 12 hours 
notice is given.



Sec. 117.1093  Milwaukee, Menomonee, and Kinnickinnic Rivers and South Menomonee and Burnham Canals.

    (a) The draws of each bridge listed in this section shall open as 
soon as possible for the passage of public vessels of the United States, 
vessels carrying United States mail, vessels licensed to carry 50 or 
more passengers when on their regular routes, and fireboats of the City 
of Milwaukee.
    (b) For all bridges, the drawtender's acknowledging signal when the 
draw will open is the same as the opening signal. The acknowledging 
signal when the draw will not open, or is open and must be closed 
promptly is four short blasts.
    (c) The draws of bridges across the Milwaukee River operate as 
follows:
    (1) The draws of the North Broadway Street bridge, mile 0.5, North 
Water Street bridge, mile 0.6, and Michigan Street bridge, mile 1.1, all 
at Milwaukee, shall open on signal; except that, from 7:30 a.m. to 8:30 
a.m and 4:30 p.m. to 5:30 p.m. Monday through Saturday except Federal 
holidays, the draws need not be opened.
    (2) The draws of all other bridges across the Milwaukee River shall 
open on signal if at least two hours notice is given; except that, from 
7:30 a.m. to 8:30 a.m. and 4:30 p.m. to 5:30 p.m., the draws need not be 
opened.
    (3) The opening signals are as follows:
    (i) The Chicago and Northwestern bridge, mile 0.3, two prolonged 
blasts.
    (ii) The North Broadway Street bridge, mile 0.5, three prolonged 
blasts followed by one short blast.
    (iii) The North Water Street bridge, mile 0.6, three prolonged 
blasts followed by two short blasts.
    (d) The draws of bridges across the Menomonee River and South 
Menomonee Canal operate as follows:
    (1) The draw of the North Plankinton Avenue bridge across the 
Menomonee River, mile 0.1, shall open on signal; except that, from 7:30 
a.m. to 8:30 a.m. and 4:30 p.m. to 5:30 p.m. Monday through Saturday 
except Federal holidays, the draws need not be opened.
    (2) The draws of all other bridges across the Menomonee River and 
South Menomonee Canal shall open on signal; except that, from 7:30 a.m. 
to 8:30 a.m. and 4:30 p.m. to 5:30 p.m. Monday through Saturday except 
Federal holidays, the draws need not be opened and, from 11 p.m. to 7 
a.m., the draws shall open on signal if at least two hours notice is 
given.
    (3) The opening signal for the Chicago, Milwaukee, St. Paul and 
Pacific railroad bridge across the Menomonee River, mile 0.1, is two 
prolonged blasts followed by two short blasts.
    (e) The draws of bridges across the Kinnickinnic River operate as 
follows:
    (1) The draw of the Kinnickinnic Avenue bridge, mile 1.5, shall open 
on signal; except that, from 7:30 a.m. to 8:30 a.m. and 4:30 p.m. to 
5:30 p.m. Monday through Saturday except Federal holidays, the draw need 
not be opened.
    (2) The draws of the Chicago, Milwaukee, St. Paul and Pacific 
railroad bridge, mile 1.5, and the Chicago and Northwestern Railway 
bridge, mile 1.52, shall open on signal if at least two hours notice is 
given.
    (3) The draws of all other bridges across the Kinnickinnic River 
shall open on signal; except that, from 7:30 a.m. to 8:30 a.m. and 4:30 
p.m. to 5:30 p.m. Monday through Saturday except Federal holidays, the 
draws need not be opened and, from 11 p.m. to 7 a.m., the

[[Page 487]]

draws shall open on signal if at least two hours notice is given.
    (4) The opening signal for the Chicago and Northwestern bridge, mile 
1.0, is two prolonged blasts.
    (f) The draws of bridges across the Burnham Canal operate as 
follows:
    (1) The draw of the Chicago, Milwaukee, St. Paul and Pacific 
railroad bridge, mile 0.8, shall open on signal if at least two hours 
notice is given.
    (2) The draws of all other bridges across the Burnham Canal shall 
open on signal: except that, from 7:30 a.m. to 8:30 a.m. and 4:30 p.m. 
to 5:30 p.m. Monday through Saturday except Federal holidays, the draws 
need not be opened and, from 11 p.m. to 7 a.m., the draws shall open on 
signal if at least two hours notice is given.



Sec. 117.1095  Root River.

    (a) The draw of the Main Street bridge, mile 0.3 shall open on 
signal; except that, from April 1 through December 1 from 6 a.m. to 6 
p.m., the draw need be opened only on the hour, 20 minutes after the 
hour, and 40 minutes after the hour to pass all accumulated vessels; 
and, from December 2 through March 31, the draw shall open on signal if 
at least two hours notice is given. At all times, public vessels of the 
United States, state or local vessels used for public safety, commercial 
vessels, and vessels in distress shall be passed as soon as possible.
    (b) The draw of the State Street bridge, mile 0.5, shall open on 
signal; except that, from October 16 through April 30, the draw shall 
open on signal if at least two hours notice is given. At all times, 
public vessels of the United States, state or local vessels used for 
public safety, commercial vessels, and vessels in distress shall be 
passed as soon as possible.



Sec. 117.1097  Sheboygan River.

    The draw of the Eighth Street bridge, mile 0.7 at Sheboygan, shall 
open on signal from May 1 through October 31 from 6 a.m. to 10 p.m. 
including Sundays and legal holidays; except that, from 6:10 a.m. to 
7:10 p.m. Monday through Saturday, the draw need be opened only at 10 
minutes after the hour, on the half hour, and at 10 minutes before the 
hour. At all other times, the draw shall open on signal if at least two 
hours notice is given. At all times, public vessels of the United 
States, state or local vessels used for public safety, and vessels 
seeking shelter from rough weather shall be passed as soon as possible.



Sec. 117.1099  St. Croix River.

    See Sec. 117.667, St. Croix River, listed under Minnesota.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]



Sec. 117.1101  Sturgeon Bay.

    The draw of the Michigan Street highway bridge, mile 4.3 at Sturgeon 
Bay, shall open as follows:
    (a) From March 15 through December 31--
    (1) The draw need open on signal for recreational vessels only on 
the hour, 24 hours a day. However, if more than 20 vessels have 
accumulated at the bridge, the draw shall open as soon as possible.
    (2) Between the hours of 6 p.m. and 10 p.m., the draw need open for 
recreational vessels only on the hour and half-hour.
    (3) Between the hours of 10 p.m. and 8 a.m., the draw shall open on 
signal.
    (b) The draw shall open on signal for commercial vessels. 
Additionally, the draw shall open on signal for all vessels seeking 
shelter from severe weather.
    (c) From January 1 through March 14, the draw shall open on signal 
if notice is given at least 12 hours in advance of a vessel's time of 
intended passage through the draw.

[CGD09-94-029, 59 FR 46335, Sept. 8, 1994, as amended by CGD09-94-029, 
62 FR 6877, Feb. 14, 1997]



Sec. 117.1103  Upper Mississippi River.

    See Sec. 117.671, Upper Mississippi River, listed under Minnesota.

[CGD 92-015, 57 FR 37880, Aug. 21, 1992]



Sec. 117.1105  Wisconsin River.

    The draws of each drawbridge across the Wisconsin River shall open 
on signal if at least 48 hours notice is given.



Sec. 117.1107  Wolf River.

    The draw of the Winneconne highway bridge, mile 2.4 at Winneconne, 
shall open on signal; except that, from 11

[[Page 488]]

p.m. to 7 a.m. from May 1 through October 31, at least two hours notice 
is required and, from November 1 through April 30, at least 12 hours 
notice is required. At all times, public vessels of the United States, 
state and local vessels used for public safety, and vessels in distress 
shall be passed as soon as possible.

[[Page 489]]

Pt. 117, App. A

                        Appendix A to Part 117--Drawbridges Equipped with Radiotelephones                       
----------------------------------------------------------------------------------------------------------------
                                                            Bridge name and                    Calling   Working
          Waterway               Mile         Location           owner          Call sign      channel   channel
----------------------------------------------------------------------------------------------------------------
           Alabama                                                                                              
                                                                                                                
Alabama River...............      105.3   Coy............  Burlington        WXY 960........        16        13
                                                            Northern                                            
                                                            Railroad.                                           
Black Warrior River.........      267.8   Eutaw..........  Southern Railway  KQ 7158........        16        13
                                                            System.                                             
Chickasaw Creek.............        0     Pritchard......  Seaboard System   KQ 7197........        16        13
                                                            RR.                                                 
Mobile River................       13.3   Mobile.........  Seaboard System   KQ 7197........        16        13
                                                            RR.                                                 
Three Mile Creek............        0.3   Mobile.........  Seaboard System   KQ 7197........        16        13
                                                            RR.                                                 
Tombigbee River.............       44.9   Jackson........  Southern Railway  KQ 9072........        16        13
Tennessee River.............      259.4   East Florence..  Wilson Lock,      WUE 612........        16        13
                                                            U.S. Army                                           
                                                            Engineer                                            
                                                            District,                                           
                                                            Nashville.                                          
                                  304.4   Decatur........  Southern Railway  KQ 8999........        16        13
                                                            System.                                             
                                  305.0   Decatur........  Keller Highway    KYH 502........        16        13
                                                            Bridge, AL, US-                                     
                                                            3.                                                  
                                  414.4   Bridgeport.....  Seaboard System   KC 9430........        16        13
                                                            RR.                                                 
                                                                                                                
          Arkansas                                                                                              
                                                                                                                
Arkansas River..............       67.4   Rob Roy........  St. Louis         KTA 435........        16  ........
                                                            Southwestern                                        
                                                            Railroad.                                           
                                  118.2   Little Rock....  Chicago, Rock     KSK 392........        16        13
                                                            Island and                                          
                                                            Pacific                                             
                                                            Railroad.                                           
                                  118.7   Little Rock....  Junction Bridge-- KSK 392........        16        13
                                                            Missouri                                            
                                                            Pacific RR.                                         
                                  119.6   Little Rock....  Baring Cross--    KSK 392........        16        13
                                                            Missouri                                            
                                                            Pacific RR.                                         
White River.................       98.9   Clarendon......  St. Louis         KUF 653........        16        14
                                                            Southwestern                                        
                                                            Railroad.                                           
                                  196.3   Clarendon......  Missouri Pacific  KVY 684........        13        13
                                                            RR.                                                 
                                  254.8   Clarendon......  Missouri Pacific  KIZ 553........        16        13
                                                            RR.                                                 
                                                                                                                
         California                                                                                             
                                                                                                                
Carquinez Strait............        7.0   Martinez.......  Southern Pacific  KQ 7193........        16        14
                                                            RR.                                                 
Cerritos Channel............        4.8   Long Beach.....  Henry Ford        WHX 947........        16        13
                                                            (Badger)                                            
                                                            Avenue, Port of                                     
                                                            Los Angeles.                                        
                                    4.9   Long Beach.....  Schuyler Heim,    KXJ 749........        16        13
                                                            CA DOT.                                             
Channel Street..............        0     San Francisco..  3rd Street, San   WXY 959........        16         9
                                                            Francisco.                                          
                                    0.2   San Francisco..  4th Street, San   WXY 970........        16         9
                                                            Francisco.                                          
Connection Slough...........        2.5   Mandeville       South Real        WHV 225........        16         9
                                           Island.          Estate Company.                                     
Cordelia Slough.............        1.5   Benicia........  Southern Pacific  KA 98642.......        16         9
                                                            RR.                                                 
Georgianna Slough...........        4.5   Isleton........  Tyler Island,     WHU 246........        16         9
                                                            Sacramento Co.                                      
                                   12.4   Walnut Grove...  Georgianna Sl,    WHU 254........        16         9
                                                            Sacramento, Co.                                     
Islais Creek................        0.4   San Francisco..  3rd Street, San   WXY 977........        16         9
                                                            Francisco.                                          
Little Potato Slough........        1.0   Terminous......  Potato Slough,    KSK 278........        16         9
                                                            CA DOT, SR12.                                       
Middle River................        8.6   Bacon Island...  Bacon Island,     WBE 8326.......        16         9
                                                            San Joaquin Co.                                     
Mokelumne River.............        3.0   Isleton........  Mokelumne, CA     KMJ 382........        16         9
                                                            DOT, SR12.                                          
                                   12.1   Walnut Grove...  Millers Ferry,    WBE 8326.......        16         9
                                                            Sacramento, Co.                                     
Napa River..................        2.8   Vallejo........  Mare Island       Military               16        13
                                                            Causeway, Navy.   license  only,                    
                                                                              No FCC..                          
Oakland Inner Harbor Tidal          5.2   Oakland........  Park Street,      WHX 996........        16         9
 Canal.                                                     Alameda County.                                     
                                    5.6   Oakland........  Fruitvale         WQB 330........        16         9
                                                            Avenue, Alameda                                     
                                                            County.                                             
                                    6.0   Oakland........  High Street,      WHX 488........        16         9
                                                            Alameda County.                                     
Old River...................       10.4   Orwood.........  Santa Fe          WHU 322........        16         9
                                                            Railroad Bridge.                                    

[[Page 490]]

                                                                                                                
                                   14.8   Victoria Island  Victoria Island,  KXE 301........        16         9
                                                            CA DOT.                                             
Pacheco Creek...............        1.1   Martinez.......  Avon, Southern    KA 97324.......        16         9
                                                            Pacific RR.                                         
Petaluma River..............       13.7   Petaluma.......  D Street Bridge,  WQX 644........        16         9
                                                            Petaluma.                                           
Sacramento River............       12.8   Rio Vista......  Rio Vista, CA     KMJ 384........        16         9
                                                            DOT, SR12.                                          
                                   15.7   Isleton........  Isleton, CA DOT,  KMJ 383........        16         9
                                                            SR160.                                              
                                   26.7   Walnut Grove...  Walnut Grove,     KMJ 491........        16         9
                                                            Sacto Co., SR E-                                    
                                                            13.                                                 
                                   33.4   Paintersville..  Paintersville,    KMJ 381........        16         9
                                                            CA DOT, SR160.                                      
                                   46.0   Freeport.......  Freeport Sacto    KMJ 490........        16         9
                                                            Co., SR E-9.                                        
                                   59.0   Sacramento.....  Tower Bridge, CA  KDO 739........        16         9
                                                            DOT.                                                
                                   59.4   Sacramento.....  I Street          WHW 554........        16         9
                                                            Southern                                            
                                                            Pacific RR.                                         
San Leandro Bay.............        0     Alameda........  Bay Farm Island,  WHX 870........        16         9
                                                            CA DOT.                                             
Steamboat Slough............       11.2   Courtland......  Steamboat         WHX 295........        16         9
                                                            Slough, CA DOT,                                     
                                                            SR160.                                              
Three Mile Slough...........        0.1   Rio Vista......  Three Mile        KMJ 385........        16         9
                                                            Slough, CA DOT,                                     
                                                            SR160.                                              
Turner Cut..................        2.3   McDonald Island  Zuckerman Bros.   WHV 959........        16         9
                                                            Br, Delta Farms.                                    
                                                                                                                
         Connecticut                                                                                            
                                                                                                                
Connecticut.................        3.4   Old Saybrook...  Amtrak..........  KT 5414........        13        13
                                   16.8   Haddam.........  Connecticut,      KXR 913........        13        13
                                                            SR82.                                               
Housatonic River............        3.5   Stratfort......  Stratfort         KXJ 695........        13        13
                                                            Avenue, CT.                                         
                                    3.9   Devon..........  Devon RR........  KU 6035........        13        13
Mystic River................        2.4   Mystic.........  Amtrak..........  KJA 842........        13        13
                                    2.8   Mystic.........  Connecticut, US1  KXR 912........        13        13
Niantic River...............        0     Niantic........  Amtrak..........  KGA 511........        13        13
                                    0.1   Niantic........  Connecticut,      KXR 911........        13        13
                                                            SR156.                                              
Norwalk River...............        0     South Norwalk..  Connecticut,      KXJ 707........        13        13
                                                            SR136.                                              
                                    0.1   South Norwalk..  Conrail.........  KU 6035........        13        13
Pequonnock River............        0.3   Bridgeport.....  Peck RR.........  KU 6033........        13        13
Quinnipiac River............        0     New Haven......  Connecticut, US1  KXJ 688........        13        13
Thames River................        3.0   Groton.........  Amtrak..........  KT 5473........        13        13
                                                                                                                
           Florida                                                                                              
                                                                                                                
Bayou Chico.................        0.3   Pensacola,       FL DOT..........  WHF 855........        16         9
                                           Barrancas                                                            
                                           Avenue.                                                              
Gulf County Canal...........        0.1   Port St. Joe...  FL DOT..........  KBA 338........        16        13
Gulf Intracoastal WW........      119.0   Treasure Island  Treasure Island   WQZ 367 or KZU         16  ........
                                                            Causeway.         970.                              
Gulf Intracoastal WW........      126.0   Indian Rocks     Park Blvd.,       WHV 751........        16        13
                                           Beach.           Pinellas Co.                                        
Gulf Intracoastal WW........      132.0   Belleair Beach.  Belleair          WHV 752........        16        13
                                                            Causeway,                                           
                                                            Pinellas Co.                                        
Gulf Intracoastal WW........      139.0   Bunedin........  Dunedin           WHV 750........        16        13
                                                            Causeway,                                           
                                                            Pinellas Co.                                        
Hillsboro Inlet.............        0.3   Hillsboro......  FL DOT..........  ...............        16        13
Intracoastal Waterway.......    1,050     Deerfield Beach  Hillsboro Blvd.,  ...............  ........        13
                                                            FL DOT.                                             
                                1,055     Pompano Beach..  NE 14th St., FL   ...............  ........        13
                                                            DOT.                                                
                                1,056     Pompano Beach..  Atlantic Blvd.,   ...............  ........        13
                                                            FL DOT.                                             
                                1,059     Ft. Lauderdale.  Commercial        ...............  ........        13
                                                            Blvd., FL DOT.                                      
                                1,060.5   Ft. Lauderdale.  Oakland Park      ...............  ........        13
                                                            Blvd., FL DOT.                                      
                                1,062.6   Ft. Lauderdale.  Sunrise Blvd....  ...............  ........        13

[[Page 491]]

                                                                                                                
                                1,064     Ft. Lauderdale.  Las Olas Blvd.,   ...............  ........        13
                                                            FL DOT.                                             
                                1,066     Ft. Lauderdale.  17th Street, FL   ...............  ........        13
                                                            DOT.                                                
                                1,069.4   Dania..........  Dania Bch.        ...............  ........        13
                                                            Blvd., FL DOT.                                      
                                1,070.5   Hollywood......  Sheridan Street,  ...............  ........        13
                                                            FL DOT.                                             
                                1,072.2   Hollywood......  Hollywood Blvd.,  ...............  ........        13
                                                            FL DOT.                                             
                                1,074     Hallandale.....  Hallandale        ...............        16        13
                                                            Blvd., FL DOT.                                      
                                1,089.4   Miami..........  Dodge Island,     KCE 254........        16        13
                                                            Port of Miami.                                      
Johns Pass..................        0.1   St. Petersburg.  FL DOT..........  WQZ 213........        16        13
New River...................        1.4   Ft. Lauderdale.  Southeast 3rd     ...............  ........        13
                                                            Ave., Broward                                       
                                                            Co..                                                
New River...................        2.3   Ft. Lauderdale.  Andrews Ave.,     ...............  ........        13
                                                            Broward Co..                                        
New River...................        2.7   Ft. Lauderdale.  Marshall Bridge,  ...............  ........        13
                                                            Broward Co..                                        
New River, South Fork.......        0.9   Ft. Lauderdale.  Davie Blvd., FL   ...............        13  ........
                                                            DOT.                                                
St. Johns River.............       24.7   Jacksonville...  Main St., FL DOT  WHV 528........        16        17
St. Johns River.............       24.9   Jacksonville...  Acosta, FL DOT,   WHV 529........        16        17
                                                            SR13.                                               
St. Johns River.............       24.9   Jacksonville...  FEC RR..........  KXR 936........        16        13
St. Johns River.............       25.4   Jacksonville...  Fuller Warren,    WHV 527........        16        17
                                                            JTA.                                                
                                  126.0   Astor..........  FL DOT..........  WXY 904........        16        13
                                                                                                                
           Georgia                                                                                              
                                                                                                                
Savannah River..............       21.6   Savannah.......  Houlihan, GA      WHV 879........        16        13
                                                            DOT, US17.                                          
Savannah River..............       60.9   Clyo...........  Seaboard System   WKB 679........        16        13
                                                            RR.                                                 
Intracoastal WW.............      583     Savannah.......  Thunderbolt, GA   WHH 007........        16        13
                                                            DOT.                                                
Intracoastal WW.............      592.9   Skidaway Island  Skidaway,         ...............        16        13
                                                            Chatham Co,                                         
                                                            US80.                                               
Intracoastal WW.............      684.3   Brunswick......  Jekyll Creek, GA  WHD 794........        16        13
                                                            DOT.                                                
                                                                                                                
            Idaho                                                                                               
                                                                                                                
Clearwater River............        0.6   Lewiston.......  Camas Prairie RR  KU 9788........        16        13
                                                                                                                
          Illinois                                                                                              
                                                                                                                
Illinois River..............       21.6   Hardin.........  Illinois DOT,     WZQ 8761.......        16        14
                                                            SR16.                                               
                                   43.2   Grand Pass.....  Illinois Central  KLU 797........        16        14
                                                            Gulf RR.                                            
                                   56.0   Florence.......  Illinois DOT,     WZQ 8761.......        16        14
                                                            US36.                                               
                                   61.4   Valley City....  Norfolk and       KTR 857........        16        14
                                                            Western RR.                                         
                                   88.8   Beardstown.....  Burlington        KLU 801........        16        14
                                                            Northern RR.                                        
                                  151.2   Pekin..........  Chicago and       KVF 831........        16        14
                                                            Northwestern RR.                                    
                                  152.9   Pekin..........  Illinois DOT,     WZQ 8761.......        16        14
                                                            SR9.                                                
                                  160.7   Peoria.........  Peoria and Pekin  WQX 651........        16        14
                                                            Union Railway                                       
                                                            Co.                                                 
                                  162.3   Peoria.........  Franklin Street,  WZQ 8761.......        16        13
                                                            Illinois DOT.                                       
                                  224.7   La Salle.......  Illinois DOT,     WZQ 8761.......        16        13
                                                            US51.                                               
                                  239.4   Ottawa.........  Burlington        WRD 810........        16        14
                                                            Northern RR.                                        
(Des Plaines River).........      285.8   Rockdale.......  Brandon Road,     WZQ 8761.......        16        13
                                                            Illinois DOT.                                       
                                  287.3   Joliet.........  McDonough         WZQ 8761.......        16        13
                                                            Highway,                                            
                                                            Illinois DOT.                                       
                                  287.6   Joliet.........  Chicago, Rock     KUF 907........        16        14
                                                            Island and                                          
                                                            Pacific RR.                                         
                                  288.7   Joliet.........  Ruby Street,      WZQ 8761.......        16        13
                                                            Illinois DOT.                                       
Upper Mississippi River.....      202.7   Alton..........  Burlington        KXS 240........        16        13
                                                            Northern RR.                                        
                                  481.4   Rock Island....  Crescent RR.....  WUD 715........        16        14
                                  482.9   Rock Island....  Department of     AAF 274........        16        14
                                                            the Army.                                           
                                                                                                                
            Iowa                                                                                                
                                                                                                                
Mississippi River...........      364.0   Keokuk.........  City of Keokuk    KLG 365........        16        14
                                                            US136.                                              
                                  383.9   Fort Madison...  Atchison, Topeka  KRS 859........        13        13
                                                            and Santa Fe RR.                                    

[[Page 492]]

                                                                                                                
                                  403.1   Burlington.....  Burlington        KJC 779........        16        13
                                                            Northern RR.                                        
                                  518.0   Clinton........  Chicago and       KUF 735........        16        13
                                                            Northwestern RR.                                    
                                  535.0   Sabula.........  Chicago,          KEA 997........        16        13
                                                            Milwaukee, St.                                      
                                                            Paul and                                            
                                                            Pacific RR.                                         
                                  579.9   Dubuque........  Illinois Central  KQ 9042........        16        14
                                                            Gulf RR.                                            
Missouri River..............      618.3   Council Bluffs.  Illinois Central  KD 2870........        16        13
                                                            Gulf RR.                                            
                                                                                                                
           Kansas                                                                                               
                                                                                                                
Missouri River..............      396.7   Leavenworth....  Chicago and       KTA 436........        16        14
                                                            Northwestern RR.                                    
                                  422.5   Atchison.......  Missouri Pacific  KTD 426........        16        14
                                                            RR.                                                 
                                                                                                                
          Kentucky                                                                                              
                                                                                                                
Green River.................        8.3   Spottsville....  Seaboard System   KT 4181........        16        13
                                                            RR.                                                 
Ohio River..................      604.4   Louisville.....  Conrail.........  KUZ 381........        13        13
                                  606.8   Louisville.....  27th St.,         WUE 241........        16        14
                                                            McAlpine Lock,                                      
                                                            Louisville Gas                                      
                                                            and Electric Co.                                    
                                  606.8   Louisville.....  27th St.,         WUE 241........        16        14
                                                            McAlpine Lock                                       
                                                            (Bascule), U.S.                                     
                                                            Army Engineer                                       
                                                            District,                                           
                                                            Louisville.                                         
                                                                                                                
          Louisiana                                                                                             
                                                                                                                
Algiers Canal (GIWW                 1.8   New Orleans....  State Highway     WDT 574........  ........        13
 Alternate Route).                                          407, Louisiana.                                     
                                    3.8   Belle Chasse...  Judge Perez       WDT 572........  ........        13
                                                            Bridge                                              
                                                            Louisiana SR23.                                     
Atchafalaya River...........       17.5   Morgan City....  Southern Pacific  KW 4440........  ........        13
                                                            RR.                                                 
                                   95.7   Krotz Spring...  Missouri Pacific  KUF 702........  ........        13
                                                            RR.                                                 
                                  107.4   Melville.......  Missouri Pacific  KUF 701........  ........        13
                                                            RR.                                                 
Bayou Grosse Tete (GIWW-Port        0.8   Indian Village.  Louisiana, SR77.  KTD 559........  ........        13
 Allen Alternate Route).                                                                                        
GIWW (Larose-Bourg Cutoff)..       35.6   Larose.........  Louisiana, SR1..  KTD 550........  ........        13
GIWW (Bayou Blue Pontoon....       49.8   Bourg..........  Louisiana, SR316  KJA 544........  ........        13
GIWW........................       57.6   Houma..........  East Park, LA,    KTD 557........  ........        13
                                                            Main Street.                                        
GIWW........................       59.9   Houma..........  Bayou du Large    KTD 548........  ........        13
                                                            Bridge                                              
                                                            Louisiana,                                          
                                                            SR315.                                              
GIWW........................      134.0   Cypremont......  Louisiana, SR319  KTD 551........  ........        13
GIWW........................      231.4   Grand Lake       Louisiana.......  KJA 560........  ........        13
                                           Ridge.                                                               
GIWW........................      237.5   Moss Lake......  Black Bayou       WXY 918........  ........        13
                                                            Pontoon,                                            
                                                            Louisiana.                                          
GIWW........................      243.6   Hackberry......  Ellender Ferry,   KTD 558........  ........        13
                                                            Louisiana, SR27.                                    
Harvey Canal................        2.8   Harvey.........  Lapalco           DTR 859........        16        13
                                                            Boulevard,                                          
                                                            Jefferson                                           
                                                            Parish Council.                                     
Houma Navigation Canal......       36.0   Houma..........  Louisiana, SR661  WDT 573........  ........        13
Inner Harbor Navigation             0.5   New Orleans....  ST. Claude        WG 401.........        16        13
 Canal.                                                     Bridge, Port of                                     
                                                            New Orleans.                                        
                                    1.7   New Orleans....  Florida Avenue    WUG 409........        16        13
                                                            Bridge, Port of                                     
                                                            New Orleans.                                        
                                    2.9   New Orleans....  Old Gentilly      KZV 719........        16        13
                                                            Road, Port of                                       
                                                            New Orleans.                                        

[[Page 493]]

                                                                                                                
                                    3.1   New Orleans....  Danziger Bridge,  KRS 864........  ........        13
                                                            LA, US90.                                           
                                    4.5   New Orleans....  Seabrook, Port    WDF 838........        16        13
                                                            of.                                                 
                                    4.6   New Orleans....  Seabrook, New     KZV 819........        16        13
                                                            Orleans Levee                                       
                                                            Board.                                              
Lake Pontchartrain..........        0.6   Slidell........  Highway 11--      KMC 226........  ........        13
                                                            North Draw.                                         
Ouachita--Black Waterway....       40.9   Jonesville.....  Louisiana, US84.  KJA 538........        16        13
                                   57.5   Harrisonburg...  Louisiana, SR8..  KJA 575........        16        13
                                  110.2   Columbia.......  Louisiana, US165  KJA 566........        16        13
                                  114.4   Riverton.......  Missouri Pacific  KCE 334........        16         6
                                                            RR.                                                 
                                  191.8   Sterlington....  Louisiana.......  WXZ 3279.......        16        13
Pass Manchac................        6.7   Pass Manchac...  Illinois Central  KC 9501........        16        13
                                                            Gulf RR.                                            
Port Allen Canal............       56.0   Morley.........  Missouri Pacific  KVY 656........  ........        13
                                                            RR.                                                 
                                   64.0   Port Allen.....  Missouri Pacific  KVY 657........  ........        13
                                                            RR.                                                 
Rigolets Pass...............        0     Dunbar.........  Family Lines      KQ 7197........        16        13
                                                            Rail System.                                        
                                    6.2   Fort Pike......  Louisiana, US90.  KYZ 723........  ........        13
West Pearl River............        7.9   Indian Village.  Louisiana, US90.  KTD 552........        16        13
                                                                                                                
          Maryland                                                                                              
                                                                                                                
Cambridge Creek.............        0.5   Cambridge......  Maryland, SR343.  KZA 695........        16    13, 68
Choptank River..............       15.6   Cambridge......  Maryland, US50..  KYQ 894........        16    13, 68
Fishing Creek...............        0     Hooper Island..  Maryland, US335.  KYU 695........        16    13, 68
Kent Island Narrows.........        0.5   Grasonville....  Maryland, SR50/   KXE 254........        16    13, 68
                                                            301.                                                
Knapps Narrows..............        0     Tilghman Island  Maryland, SR33..  KZA 868........        16    13, 68
Nanticoke River.............       22.0   Vienna.........  Maryland, US50..  KYQ 895........        16    13, 68
                                   28.0   Sharptown......  Maryland, SR348.  KYQ 896........        16   913, 68
Sassafras River.............        9.0   Georgetown.....  Maryland, SR213.  KYU 699........        16    13, 68
Severn River................        1.5   Annapolis......  Maryland, SR450.  KZA 872........        16    13, 68
Isle of Wight Bay...........        1.0   Ocean City.....  Maryland........  KYU 698........        16    13, 68
Spa Creek...................        0.5   Annapolis......  Maryland, SR181.  KZA 871........        16    13, 68
Stoney Creek................        1.0   Riveria Beach..  Maryland, SR173.  KAJ 667........        16    13, 68
Wicomico River, North Prong.       22.4   Salisbury......  Main St., MD....  KZA 869........        16    13, 68
                                   22.5   Salisbury......  Route 50, MD....  KYU 697........        16    13, 68
                                                                                                                
            Maine                                                                                               
                                                                                                                
Portland Harbor (Fore River)        1.5   Portland.......  Ocean Avenue DOT  KQU 653........        16        13
                                                            ME.                                                 
                                                                                                                
        Massachusetts                                                                                           
                                                                                                                
Acushnet River..............        0     New Bedford....  MA DPW, US6.....  WHH 238........        16        13
Annisquam River.............        2.5   Blynman Canal..  MA DPW, SR127...  WQA 834........        16        13
                                    3.8   Gloucester.....  Boston & Maine    ...............        18        18
                                                            RR.                                                 
Apponagansett River.........        1.0   Dartmouth......  Pandanaram,       ...............        13        13
                                                            Dartmouth.                                          
Charles River...............        0.6   Charlestown....  Charles River     WHV 988........        16        13
                                                            Dam, MDC.                                           
                                    1.0   Boston.........  Craigie, MDC....  WHV 989........        16        13
Chelsea River...............        0.3   Boston.........  McArdle Bridge,   ...............        16        13
                                                            Boston.                                             
                                    1.2   Boston.........  Chelsea St.,      ...............        16        13
                                                            Boston.                                             
Danvers River...............        0.0   Beverly/Salem..  SR1A, MDPW......  Pending........        16        13
                                    0.05  Beverly/Salem..  MBTA/AMTRAK,      WRD 625........        16        13
                                                            MBTA/AMTRAK.                                        
                                    1.0   Peabody/Beverly  Essex County      Pending........        16        13
                                                            Kernwood, MDPW.                                     
Lagoon Pond.................        0.0   Tisbury........  Lagoon Pond--MHD  ...............        13        13
Merrimack River.............        3.4   Newburyport....  MA DPW, US1.....  WQA 806........        16        13
Saugus River................        1.7   Lynn-Revere....  General Edwards   WHV 992........        16        13
                                                            SR1A, MDC.                                          
                                    2.1   Saugus-Revere..  Saugus/MBTA,      KVY 568........        16        13
                                                            MBTA.                                               

[[Page 494]]

                                                                                                                
                                    2.7   Saugus-Revere..  Belden            Pending........        16        13
                                                            Bly(Foxhill),                                       
                                                            MDPW.                                               
Taunton River...............        1.8   Fall River.....  Brightman Street  WQA 833........        16        13
                                                            Bridge, MA DPW.                                     
Weymouth-Fore River.........        3.5   Quincy.........  MA DPW, SR3A....  WRD 634........        16        13
                                                                                                                
          Michigan                                                                                              
                                                                                                                
Rouge River.................        0.40  Detroit........  National Steel    KUZ 371........        16        12
                                                            Corp.                                               
                                    1.48  Detroit........  Conrail.........  ...............        16        12
                                                                                                                
          Minnesota                                                                                             
                                                                                                                
Mississippi River...........      813.7   Hastings.......  Chicago,          KTD 538........        16        14
                                                            Milwaukee, St.                                      
                                                            Paul and                                            
                                                            Pacific RR.                                         
                                  835.7   Newport........  Chicago and       KUZ 544........        16        14
                                                            Northwestern RR.                                    
                                  839.2   St. Paul.......  Chicago and       KUZ 546........        16        14
                                                            Northwestern RR.                                    
                                  841.4   Omaha..........  Chicago and       KUZ 545........        16        14
                                                            Northwestern RR.                                    
Duluth-Superior Harbor, MN-         0.25  Duluth.........  Minnesota         KAN 388........        16        13
 WI.                                                        Avenue, Duluth.                                     
                                                                                                                
         Mississippi                                                                                            
                                                                                                                
Back Bay of Biloxi..........        8.0   Biloxi.........  Popps Ferry       WXZ 590........        16        13
                                                            Road, Harrison                                      
                                                            County.                                             
Biloxi Bay..................        0     Biloxi.........  Seaboard System   KQ 7197........        16        13
                                                            RR.                                                 
                                    0.4   Biloxi.........  Mississippi, US   KUF 720........        16        13
                                                            90.                                                 
Escatawpa River.............        1.0   Moss Point.....  Mississippi,      KUF 719........        16        13
                                                            SR613.                                              
Pascagoula River............        1.5   Pascagoula.....  Seaboard System   KQ 7197........        16        13
                                                            RR.                                                 
                                    1.8   Pascagoula.....  Mississippi,      KUF 722........        16        13
                                                            US90.                                               
St. Louis Bay...............        1.0   St. Louis......  Harrison &        KUF 721........        16        13
                                                            Hancock                                             
                                                            Counties, US90.                                     
                                                                                                                
          Missouri                                                                                              
                                                                                                                
Mississippi River...........      282.1   Louisiana......  Illinois Central  KLU 798........        16        14
                                                            Gulf RR.                                            
                                  309.9   Hannibal.......  Norfolk and       KUZ 448........        16        14
                                                            Western RR.                                         
Missouri River..............      359.4   Kansas City....  Harry S. Truman,  KVY 575........        16        13
                                                            Chicago,                                            
                                                            Milwaukee, St.                                      
                                                            Paul and                                            
                                                            Pacific RR.                                         
                                  365.6   Kansas City....  A-S-B,            KQU 500........        16        14
                                                            Burlington                                          
                                                            Northern RR.                                        
                                  366.1   Hannibal.......  Burlington        KQU 500........        16        14
                                                            Northern RR.                                        
                                  448.2   St. Joseph.....  Union Pacific RR  KTD 403........        16        14
                                                                                                                
        New Hampshire                                                                                           
                                                                                                                
Piscataqua River............        3.5   Portsmouth.....  Memorial Bridge,  KBK 472........        16        13
                                                            US1, NH DPW.                                        
                                    4.0   Portsmouth.....  US1 Bypass, NH    KAW-766........        16        13
                                                            DPW.                                                
                                                                                                                
         New Jersey                                                                                             
                                                                                                                
Cheesequake Creek...........        0.2   Morgan.........  NJTRO-Morgan      KT 3859........        13        13
                                                            Draw.                                               
Delaware River..............      107.2   Palmyra........  Tacona Palmyra    KBA 328........        13        13
                                                            Burlington Co.                                      
                                  117.8   Bristol........  Tacona Palmyra    KBA 339........        13        13
                                                            Burlington-                                         
                                                            Bristol.                                            
Great Egg Inlet.............        0.3   Ocean City.....  Cape May County.  WQZ 343........        13        13
Hackensack River............        1.8   Jersey City....  Lincoln Hwy (Rt   WHG 954........        13        13
                                                            1&9), NJDOT.                                        
                                    3.0   Jersey City....  PATH, PATH......  KQ 7198........        13        13
                                    3.1   Jersey City....  Hack Freight,     KQ 7198........        13        13
                                                            Conrail.                                            

[[Page 495]]

                                                                                                                
                                    3.1   Jersey City....  Witt-Penn, NJDOT  KZH 872........        13        13
                                    3.4   Jersey City....  Laurel Hill       KX 7465........        13        13
                                                            (Lower Hack),                                       
                                                            NJTRO.                                              
                                    5.0   Snake Hill.....  Portal, Amtrak..  KMC 297........        13        13
                                    5.4   Snake Hill.....  DB (Erie Swing),  KR 6962........        13        13
                                                            NJTRO.                                              
                                    6.9   Secaucus.......  Erie Lift (Upper  KR 7035........        13        13
                                                            Hack), NJTRO.                                       
                                    7.7   Secaucus.......  Jacknife (HX),    KR 7034........        13        13
                                                            NJTRO.                                              
                                                                                                                
Manasquan River.............        0.9   Bricktownship..  NJTRO-Brielle...  KT 4203........        13        13
Middle Thorofare............        0.2   Strathmere.....  Cape May County.  WQZ 342........        13        13
New Jersey Intracostal             68.9   Atlantic City..  Beach Thoro,      WXZ 528........        13        13
 Waterway (Beach Thorofare).                                AMTRAK.                                             
Newark Bay..................        4.3   Port Newark....  Lehigh Valley,    KS 9968........        13        13
                                                            Conrail.                                            
Passaic River...............        1.8   Newark.........  Lincoln Hwy (Rt   WHH 329........        13        13
                                                            1&9), NJDOT.                                        
                                    2.6   Newark.........  Point-No-Point,   KR 6938........        13        13
                                                            Conrail.                                            
                                    5.0   Newark.........  Dock, Amtrak....  WRY 593........        13        13
                                    5.8   Newark.........  Morristown Line,  KH6 109........        13        13
                                                            NJTRO.                                              
                                                           Route 7           WHD 786........        13        13
                                                            (Bellville).                                        
                                   11.7   Lyndhurst......  Lyndhurst, NJTRO  KR 7041........        13        13
                                                                                                                
Raritan River...............        0.5   Perth Amboy....  NJTRO...........  KT 4204........        13        13
Shark River.................        0.1   Belmar.........  Ocean Avenue      KMD 281........        13        13
                                                            Monmouth County.                                    
                                    0.9   Avon...........  NJTRO...........  KT 4202........        13        13
                                    0.9   Avon...........  New Jersey, SR35  KXR 952........        13        13
                                                                                                                
          New York                                                                                              
                                                                                                                
Arthur Kill.................       11.6   Staten Island..  S.I. Rapid        KXS 237........        13        13
                                                            Transit.                                            
Bronx River.................        1.1    Bronx.........  Bruckner          KX 8189........        13        13
                                                            Expressway.                                         
Buffalo River...............        1.3   Buffalo........  Michigan Ave.,    WXY 998........        16        13
                                                            Buffalo City.                                       
East River..................        6.4   Roosevelt        New York City     KX 8184........        13        13
                                           Island.          (36 Avenue).                                        
Flushing Creek..............        0.4   Flushing.......  Northern Blvd...  KX 8192........        13        13
Gowanus Canal...............        1.2   Brooklyn.......  Hamilton Avenue,  KX 8183........        13        13
                                                            New York City.                                      
                                    1.4   Brooklyn.......  Ninth Street,     KX 8186........        13        13
                                                            New York City.                                      
Harlem River................        0     New York City..  103rd Street,     KIL 820........        13        13
                                                            New York City.                                      
                                    1.3   New York City..  Triboro Bridge    KGW 326........        13        13
                                                            and Tunnel.                                         
                                    2.1   New York City..  Park Avenue,      KA 5059........        13        13
                                                            Amtrak                                              
                                                            Authority.                                          
                                    7.9   New York City..  Spuyten Duvvil,   KU 9797........        13        13
                                                            Conrail.                                            
Hutchinson River............        0.4   New York City..  Pelham Pkwy.,     KU 9758........        13        13
                                                            New York City.                                      
                                    0.5   New York City..  Pelham Bay,       KU 6095........        13        13
                                                            AMTRAK.                                             
                                    2.2   Eastchester....  I-95, New         KXS 298........        13        13
                                                            England Thruway.                                    
                                    2.9   Eastchester....  So. Fulton Ave,   KU 6089........        13        13
                                                            Westchester Co.                                     
Jamaica Bay.................        3.0   Rockway Inlet..  Marine Parkway,   KIL 819........        13        13
                                                            New York City.                                      
Mill Basin..................        0.8   New York City..  Mill Basin, New   KX 8185........        13        13
                                                            York City.                                          
Newtown Creek...............        0.6   New York City..  Pulaski.........  KX 8178........        13        13
                                    1.3   New York City..  Greenpoint        KX 8182........        13        13
                                                            Avenue, New                                         
                                                            York City.                                          
                                    3.4   New York City..  Metropolitan      KX 8179........        13        13
                                                            Avenue.                                             
Niagara River--Black Rock           2.6   Buffalo........  Ferry Street,     WHV 559........        16        12
 Canal.                                                     Buffalo City.                                       
Reynolds Channel............        0.4   Atlantic Beach.  Nassau County...  KFL 348........        13        13
Westchester Creek...........        1.7   Unionport......  Bruckner          KX 8289........        13        13
                                                            Expressway.                                         
                                                                                                                
       North Carolina                                                                                           
                                                                                                                
Albemarle Sound.............       47.7   Edenton........  NCDOT, SR32.....  KU 6047........        16        13
Cape Fear River.............       26.8   Wilmington.....  NCDOT, US17.....  KQU 609........        16        13

[[Page 496]]

                                                                                                                
Intracoastal WW.............       84.2   Columbia.......  NCDOT, US64.....  KU 9448........        16        13
                                  206.7   Atlantic Beach.  NCDOT, SR58.....  KU 6064........        16        13
                                  260.7   Sears Landing..  NCDOT, SR50.....  KU 6044........        16        13
                                  283.1   Wrightsville     NCDOT, US74.....  KU 6043........        16        13
                                           Beach.                                                               
                                  323.7   Holden Beach...  NCDOT, SR130....  KU 6042........        16        13
                                  333.7   Ocean Isles....  NCDOT, SR904....  KJ 6050........        16        13
                                  337.9   Sunset Beach...  NCDOT...........  KU 6040........        16        13
Northeast Cape Fear River...        0.5   Wilmington.....  NCDOT, US17.....  KU 6041........        16        13
                                                                                                                
            Ohio                                                                                                
Cuyahoga River..............        0.8   Cleveland......  Conrail.........  KUF 618........        16        13
                                                                                                                
           Oregon                                                                                               
                                                                                                                
Coos Bay....................        9.0   North Bend.....  Southern Pacific  KT 2006........       18A        13
                                                            RR.                                                 
Willamette River............        6.9   St. Johns......  Burlington        KQ 9050........        16        13
                                                            Northern RR.                                        
                                   11.7   Portland.......  Broadway          KLU 724........        16        13
                                                            Multnomah Co.                                       
                                   12.1   Portland.......  Steel Union       KQU 534........        16        13
                                                            Pacific RR.                                         
                                   12.4   Portland.......  Burnside          KTD 520........        16        13
                                                            Multnomah Co.                                       
                                   12.8   Portland.......  Morrison,         KTD 522........        16        13
                                                            Multnomah Co.                                       
                                   13.1   Portland.......  Hawthorne         KTD 521........        16        13
                                                            Multnomah Co.                                       
Youngs Bay..................        0.7   Astoria........  OR DOT, US26....  WHG 914........        16        13
                                                                                                                
        Pennsylvania                                                                                            
                                                                                                                
Delaware River..............      104.8   Philadelphia...  Delair, Conrail.  KS 9970........        13        13
                                  107.2   Tacony.........  Tacony Palmyra    KBA 328........        13        13
                                                            Burlington Co.                                      
                                  117.8   Bristol........  Burlington-       KBA 339........        13        13
                                                            Bristol.                                            
Schuylkill River............        5.1   Philadelphia...  Tasker Street,    KXS 238........        13        13
                                                            B&O Railroad.                                       
                                                                                                                
       South Carolina                                                                                           
                                                                                                                
Intracoastal WW.............      347.3   Myrtle Beach     SC, US17........  KT 5433........        16        13
                                           Little River.                                                        
                                  371.0   Socastee.......  SC, SR544.......  KT 5438........        16        13
                                  462.2   Sullivans        Ben Sawyer, SC,   KT 5438........        16        13
                                           Island.          SR703.                                              
                                  470.8   Charleston.....  Wappoo Creek,     KT 5438........        16        13
                                                            SC, SR171.                                          
                                  536.0   Beaufort.......  Lady's Island,    KT 5439........        16        13
                                                            SC, US21.                                           
Savannah River..............       21.6   Savannah.......  Houlihan, GA DOT  WHV 879........        16        13
Savannah River..............       60.9   Clyo...........  Seaboard System   WKB 679........        16        13
                                                            RR.                                                 
                                                                                                                
          Tennessee                                                                                             
                                                                                                                
Cumberland River............      126.5   Clarksville....  Seaboard System   KF 2204........        16        13
                                                            RR.                                                 
                                  185.2   Bordeau........  Illinois Central  KX 6366........        16        13
                                                            Gulf RR                                             
                                                            (Nashville and                                      
                                                            Ashland City                                        
                                                            Railroad                                            
                                                            (Lessee)).                                          
                                  190.4   Nashville......  Seaboard System   KQ 7197........        16        13
                                                            RR.                                                 
Tennessee River.............      100.5   New              Seaboard System   KC 9465........        16        13
                                           Johnsonville.    RR.                                                 
                                                                                                                

[[Page 497]]

                                                                                                                
            Texas                                                                                               
                                                                                                                
Clear Creek.................        1.0   Kemah..........  Texas, SR146....  KXS 361........        16        13
Gulf Intracoastal WW              356.1   Galveston......  Galveston County  KYH 532........        16        13
 (Pelican Island Causeway).                                 Navigation                                          
                                                            District.                                           
Galveston Causeway RR.......      357.2   Galveston......  Southern Pacific  KUF 652........        16        13
                                                            RR.                                                 
Gulf Intracoastal WW........      397.6   Freeport.......  Texas, SR1495...  KQU 648........        16        13
Caney Creek Bridge..........      418.0   Sargent........  Texas, FR457....  KQU 644........        16        13
Gulf Intracoastal WW........      440.7   Matagorda......  Texas, FR2031...  KQU 645........        16        13
San Bernard River...........       20.7   Brazo Ria......  MOPAC RR........  KI 2524........  ........        12
                                                                                                                
          Virginia                                                                                              
                                                                                                                
James River.................        5.0   Isle of Wight    Virginia, US17..  KQ 7169........        13        13
                                           County.                                                              
Potomac River...............       65.0   Prince George    Virginia, SR156.  KQ 7167........        13        13
                                           County.                                                              
York River..................        6.0   York County....  Virginia, US17..  KQ 7166........        13        13
Pamunkey River..............        1.0   King William     Virginia, SR33..  KQ 7168........        13        13
                                           County.                                                              
                                                                                                                
         Washington                                                                                             
                                                                                                                
Blair Waterway..............        0.3   Tacoma.........  WA DOT, 11th      KZN 573........        16        13
                                                            Street.                                             
Chehalis River..............        0.1   Aberdeen.......  WA DOT, US101...  KJA 289........        16        13
Columbia River..............      105.6   Vancouver/       Burlington        KQ 9049........        16        13
                                           Portland.        Northern RR.                                        
                                  106.5   Vancouver/       OR DOT, 15......  KBM Interstate.        16        13
                                           Portland.                                                            
                                  169.8   Hood River, OR.  Port of Hood      KTD 562........        16        13
                                                            River.                                              
                                  201.2   Celilo, OR.....  Burlington        KQ 9048........        16        13
                                                            Northern RR.                                        
                                  323.4   Pasco/Kennewick  Union Pacific RR  KTD 561........        16        13
                                  328.0   Pasco/Kennewick  Burlington        KQ 9046........        16        13
                                                            Northern RR.                                        
Duwamish Waterway...........        0.4   Seattle........  Spokane St.,      KSK 285........        13        13
                                                            City of Seattle.                                    
                                    2.5   Seattle........  1st Ave. So.      WHU 200........        13        13
                                                            City of Seattle.                                    
Ebey Slough.................        1.6   Marysville.....  WA DOT, US529...  KZ 2475........        13        13
Hood Canal..................  ..........  Port Gamble....  WA DOT, Hood      KZJ 376........        16        13
                                                            Canal Bride.                                        
Hylebos Waterway............        1.1   Tacoma.........  WA DOT, 11th      KZN 574........        16        13
                                                            Street.                                             
Lake Washington Ship Canal..        0.1   Seattle........  Burlington        KCE 201........        16        13
                                                            Northern RR.                                        
                                    1.1   Seattle........  Ballard, City of  KJA 445........        13        13
                                                            Seattle.                                            
                                    2.6   Seattle........  Fremont, City of  KJA 442........        13        13
                                                            Seattle.                                            
                                    4.3   Seattle........  University, City  KJA 441........        13        13
                                                            of Seattle.                                         
                                    5.2   Seattle........  Montlake, City    KJA 438........        13        13
                                                            of Seattle.                                         
Snake River.................        1.5   East Pasco/      Burlington        KQ 9047........        16        13
                                           Burbank.         Northern RR.                                        
                                                                                                                
          Wisconsin                                                                                             
                                                                                                                
Mississippi River...........      699.8   LaCrosse.......  Chicago,          KVY 631........        16        13
                                                            Milwaukee, St.                                      
                                                            Paul and                                            
                                                            Pacific RR.                                         
St. Croix River.............        0.2   Prescott.......  Burlington        KJC 782........        16        14
                                                            Northern, Inc.                                      
                                    0.3   Prescott.......  Wisconsin and     KD 2829........         7        14
                                                            Minnesota.                                          
                                   17.3   Hudson.........  Chicago and       KUZ 549........        16        14
                                                            Northwestern RR.                                    
----------------------------------------------------------------------------------------------------------------
/1/ Effective April 15, 1983, all state-owned highway drawbridges in Louisiana need not monitor channel 16      
  (Emergency Channel).                                                                                          


  [CGD 84-022, 51 FR 16308, May 2, 1986, as amended by CGD1 91-016, 56 FR 57492, Nov. 12, 1991; CGD1 91-004, 56 FR 60064, Nov. 27, 1991; CGD1 91-141, 57
 FR 30405, July 9, 1992; CCGD01-91-029, 58 FR 39149, July 22, 1993; CGD01-93-009, 58 FR 42859, Aug. 12, 1993; CGD01-95-008, 60 FR 29761, June 6, 1995;  
 CGD01-95-001, 60 FR 51729, Oct. 3, 1995; CGD05-94-092, 60 FR 53130, Oct. 12, 1995; CGD09-95-022, 61 FR 10468, Mar. 14, 1996; CGD 96-026, 61 FR 33664,  
 June 28, 1996; 61 FR 36786, July 12, 1996]                                                                                                             
                                                                                                                                                        


[[Page 498]]



PART 118--BRIDGE LIGHTING AND OTHER SIGNALS--Table of Contents




Sec.
118.1  General requirements.
118.3  Incorporation by reference.
118.5  Penalty for failure to maintain.
118.10  Interference or obstruction prohibited.
118.15  Penalty for interference or obstruction.
118.20  Obtaining information.
118.25  Application procedure.
118.30  Action by Coast Guard.
118.40  Modification of requirements.
118.45  Lighting for the protection of aerial navigation.
118.50  Inspection.
118.55  Periods of operation.
118.60  Characteristics of lights.
118.65  Lights on fixed bridges.
118.70  Lights on swing bridges.
118.75  Lights on single-opening drawbridges.
118.80  Lights on bascule bridges.
118.85  Lights on vertical lift bridges.
118.90  Bridges crossing channel obliquely.
118.95  Lights on structures not part of a bridge or approach structure.
118.100  Retroreflective panels on bridge piers.
118.105  [Reserved]
118.110  Daymarks and lateral lighting on bridges.
118.120  Radar reflectors and racons.
118.130  Fog signals.
118.140  Painting bridge piers.
118.150  Traveller platforms.
118.160  Vertical clearance gauges.

    Authority: 33 U.S.C. 494; 14 U.S.C. 85, 633; 49 CFR 1.46 (b) and 
(c).

    Source: 40 FR 24898, June 11, 1975, unless otherwise noted.



Sec. 118.1  General requirements.

    All persons owning or operating bridges over the navigable waters of 
the United States or any international bridge constructed after March 
23, 1906, shall maintain at their own expense the lights and other 
signals required by this part.

[CGD 84-022, 51 FR 16312, May 2, 1986]



Sec. 118.3  Incorporation by reference.

    (a) In this part, portions or the entire text of certain standards 
and specifications are incorporated by reference as the governing 
requirements for materials, equipment, tests, or procedures to be 
followed. These standards and specification requirements specifically 
referred to in this part are the governing requirements for the subject 
matters covered, unless specifically limited, modified, or replaced by 
the regulations.
    (b) These materials are incorporated by reference into this part 
under 5 U.S.C. 552(a) with the approval of the Director of the Federal 
Register. The Office of the Federal Register publishes a table, 
``Material Approved for Incorporation by Reference,'' which appears in 
the Finding Aids section of this volume. In that table are found 
citations to the particular sections of this part where the material is 
incorporated. To enforce any edition other than the one listed in 
paragraph (c) of this section, notice of the change must be published in 
the Federal Register and the material made available. All approved 
material is on file at the Office of the Federal Register, Washington, 
DC 20408 and at U.S. Coast Guard, Room 1410, 2100 Second Street, SW., 
Washington, DC 20593. Copies may be obtained from the sources indicated 
in paragraph (c) of this section.
    (c) The materials approved for incorporation by reference in this 
part are:
    Federal Highway Administration (FHWA), 400 Seventh Street, SW., 
Washington, DC 20590
    Standard Alphabets for Highways Signs, 1966. (Reprinted April 1984).

[CGD 84-022, 51 FR 16313, May 2, 1986]



Sec. 118.5   Penalty for failure to maintain.

    Any person required to maintain lights and other signals upon any 
bridge or abutment over or in the navigable waters of the United States 
who fails or refuses to maintain such lights and other signals, or to 
obey any of the lawful rules and regulations relating to the same is 
subject to a penalty as provided in 14 U.S.C. 85.



Sec. 118.10   Interference or obstruction prohibited.

    No person shall obstruct or interfere with any lights or signals 
maintained in accordance with the regulations prescribed in this part.



Sec. 118.15   Penalty for interference or obstruction.

    Any person violating the provisions of Sec. 118.10 of this chapter 
shall be deemed guilty of a misdemeanor and be

[[Page 499]]

subject to a fine not exceeding $500 for each offense. Each day during 
which such violation shall continue shall be considered a new offense.

[40 FR 24898, June 11, 1975, as amended by CGD 75-046a, 42 FR 56954, 
Oct. 31, 1977]



Sec. 118.20   Obtaining information.

    Persons desiring information concerning the marking of bridges shall 
address their inquiry to the District Commander having jurisdiction over 
the area concerned, or to the Commandant.



Sec. 118.25   Application procedure.

    Approval of lights and other signals required shall be obtained, 
prior to construction, from the District Commander of the area in which 
the structure will be situated. Application shall be by letter 
accompanied by duplicate sets of drawings showing (a) plan and elevation 
of the structure showing lights and signals proposed, and (b) small 
scale vicinity chart showing proposed bridge and all other bridges 
within 1,000 feet above or below the proposed bridge.



Sec. 118.30   Action by Coast Guard.

    (a) The District Commander receiving the application will review it 
and approve the lights and other signals proposed, or mark on the 
drawings, the lights and other signals required, and in the case of 
lights, cite the applicable section of this chapter which prescribes the 
lights required for the particular type bridge.
    (b) Upon approval, one set of drawings will be returned to the 
applicant with the notation ``navigational lights and/or other signals 
approved as shown'', date, name and title of the District Commander.



Sec. 118.40  Modification of requirements.

    (a) The District Commander may modify the requirements for the 
display of lights and other signals on any bridge when a change in local 
conditions warrants the modification.
    (b) The District Commander may exempt bridges over waterways with no 
significant nighttime navigation from the lighting or other signal 
requirements in this part.
    (c) The District Commander may prescribe special lighting or other 
signals in specific cases when the lighting or other signals in this 
part may not provide adequately for the safe passage of vessels.
    (d) While a bridge is under construction, the District Commander 
prescribes the temporary lights and other signals to be displayed for 
the protection of navigation.

[CGD 84-022, 51 FR 16313, May 2, 1986]



Sec. 118.45   Lighting for the protection of aerial navigation.

    The owner of a bridge which constitutes a hazard to aerial 
navigation should maintain, in addition to the lights prescribed in this 
part, such lights as may be prescribed by the Administrator, Federal 
Aviation Administration.

[40 FR 24898, June 11, 1975, as amended by CGD 75-046a, 42 FR 56954, 
Oct. 31, 1977]



Sec. 118.50  Inspection.

    Lights and other signals required or authorized under this part are 
subject to inspection at any time by Coast Guard personnel or authorized 
agents.

[CGD 84-022, 51 FR 16313, May 2, 1986]



Sec. 118.55   Periods of operation.

    (a) Lights shall be displayed from sunset to sunrise and at other 
times when the visibility is less than one mile.
    (b) Operators shall not be required to exhibit the prescribed lights 
during seasons when vessels are unable to navigate in the vicinity of 
the bridge.
    (c) The operation of signals other than lights shall be as 
prescribed by the District Commander. Each case shall be considered 
individually.



Sec. 118.60  Characteristics of lights.

    All lights required or authorized under this part must be securely 
attached to the structure and of sufficient candlepower as to be visible 
against the background lighting at a distance of at least 2,000 yards 90 
percent of the nights of the year. Lights must meet the requirements of 
this part. Lights shall be fixed lights excepting as provided in 
Secs. 118.95. 118.110

[[Page 500]]

and 118.150 of this part. Color specifications are not prescribed for 
bridge lights, however, the chromaticity standards for navigation lights 
in Annex I, Appendix A of 33 CFR Part 81 are recommended.

[CGD 84-022, 51 FR 16313, May 2, 1986]



Sec. 118.65   Lights on fixed bridges.

    (a) Each fixed bridge span over a navigable channel shall be lighted 
so that the center of the navigable channel under each span will be 
marked by a range of two green lights, and each margin of each navigable 
channel will be marked by a red light: Provided, That when a margin of a 
channel is limited by a pier, only those lights prescribed in paragraph 
(b) of this section shall be required to mark such channel margin. The 
green lights shall each show through a horizontal arc of 360 deg.; they 
shall be securely mounted just below the outermost edge of the bridge 
span structure so as to be visible from an approaching vessel. Each red 
light shall show through a horizontal arc of 180 deg., and shall be 
securely mounted just below the outermost edge of the bridge span 
structure to show 90 deg. on either side of a line parallel to the axis 
of the channel so as to be visible from an approaching vessel.

    Note: Until such time that major repairs to or replacements of 
existing fixed span navigation lights colored green are made, it is 
permitted that only one of these lights marking the centerline of the 
same channel under a span shall be visible to an approaching vessel. 
When major repairs to or replacement of such existing green lights are 
made they shall conform with this paragraph.

    (b) Pier lights. When the navigable channel extends from pier to 
pier or when piers are located within the navigable channel, each end of 
such piers shall be lighted with a red light. Each such light shall show 
through a horizontal arc of 180 deg., and shall be securely fastened at 
the end of the pier as low as practicable but not lower than 2 feet 
above navigable high water to show 90 deg. on either side of a line 
parallel to the axis of the channel so as to be visible from an 
approaching vessel.
    (c) Main channel. When necessary, the District Commander may 
prescribe that fixed bridges having two or more spans over a navigable 
channel shall have the main channel span marked with a set of three 
white lights arranged in a vertical line directly above each green light 
on the main channel span. Each white light shall show through a 
horizontal arc of 180 deg., and shall be mounted so that \1/2\ of the 
horizontal arc will show on either side of a line parallel to the axis 
of the channel. These three white lights shall be securely mounted on 
the bridge structure and spaced as nearly 15 feet apart as the structure 
of the bridge will permit, with a minimum spacing of 7 feet. The lowest 
white light in the line of three lights shall be placed not less than 10 
nor more than 15 feet above each green light on the main channel span.

    Note: Until such time that major repairs to or replacements of 
existing main channel lights showing white are made, it is permitted 
that these lights show through a horizontal arc of not less than 60 deg. 
nor more than 180 deg. with \1/2\ of such arc showing either side of a 
line parallel to the axis of the main channel. When major repairs or 
replacement of such existing white lights are made, they shall conform 
with this paragraph.

[40 FR 24898, June 11, 1975, as amended by CGD 75-046a, 42 FR 56954, 
Oct. 31, 1977]



Sec. 118.70   Lights on swing bridges.

    (a) Swing span lights on through bridges. Each swing span of every 
through swing bridge shall be lighted with three lanterns so that when 
viewed from an approaching vessel the swing span when closed will 
display three red lights on top of the span structure, one at each end 
of the span on the same level and one at the center of the span no less 
than 10 feet above the other two lights, and when open for navigation 
will display three green lights on top of the span structure in a line 
parallel to and directly above the long axis of the span, one at each 
end of the span on the same level, and one at the center of the span no 
less than 10 feet above the other two lights. Each lantern shall show 
through alternate red and green horizontal arcs of 60 deg. each, the 
axis of adjacent arcs to be 90 deg. from each other; each light shall be 
securely mounted with the axis of the green arcs parallel to the long 
axis of the swing span.
    (b) Swing span lights on deck and half-through bridges. Each swing 
span of

[[Page 501]]

every deck, half-through, girder, or similar type swing bridge shall be 
lighted with four lanterns so that when viewed from an approaching 
vessel the swing span when closed will display one red light at each 
end, and when open to navigation will display two green lights from each 
end. Each lantern shall show through one red and two green horizontal 
arcs of 60 deg. each, the axis of each green arc to be 90 deg. from the 
axis of the red arc; each light shall be securely mounted at the floor 
level of the span as near to the side of the span as practicable with 
the axis of the red light normal to the long axis of the swing span and 
so that the red light will be visible from an approaching vessel when 
the span is closed.
    (c) Pier lights. Every swing bridge shall be lighted so that each 
end of the piers adjacent to the navigable channel (draw piers) or each 
end of their protection piers (draw pier protection piers) and each end 
of the piers protecting the pivot pier (pivot protection pier) will be 
marked by a red light. Each of these lights shall show through a 
horizontal arc of 180 deg. and shall be mounted as low as practicable 
below the floor level of the swing span to show 90 deg. on either side 
of a line parallel to the axis of the channel so as to be visible from 
an approaching vessel.
    (d) Axis lights. Every swing bridge shall be lighted so that the 
intersection of the bridge axis with each side of the pivot pier and the 
channel side of each draw pier which has a protection pier will be 
marked by a red light: Provided, That if the draw and draw protection 
piers are straight along their channel faces these lights shall not be 
required. Each such light shall show through a horizontal arc of 
180 deg., and shall be mounted on the navigable channel face of the pier 
as low as practicable below the floor level of the swing span to show 
90 deg. either side of a line normal to the axis of the navigable 
channel so as to be visible from an approaching vessel.
    (e) Omission of lights. Where the permanent navigable channel passes 
on only one side of the pivot pier of any swing span, the District 
Commander may authorize the omission of lighting of the unused channel.



Sec. 118.75   Lights on single-opening drawbridges.

    (a) Bridges in this class. Bridges of the folding, pontoon and 
similar type single opening drawbridges are included in this class.
    (b) Draw span lights. Each draw span of every single opening 
drawbridge shall be lighted with two lanterns so that when viewed from 
an approaching vessel the draw span when closed will display two red 
lights, one at each end of the span and when open to navigation will 
display two green lights, one at each end of the span. Each lantern 
shall show alternate red and green horizontal arcs of 60 deg. each, the 
axis of adjacent arcs to be located 90 deg. from each other; each 
lantern shall be securely mounted 15 feet above the roadway with the 
axis of the green arcs parallel to the long axis of the swing span.
    (c) Pier or abutment lights. Every swing bridge shall be lighted so 
that the end of each pier, abutment or fixed portion of the bridge 
adjacent to the navigable channel through the draw, or each end of the 
protection piers for such piers, abutments, or fixed portion of the 
bridge will be marked by a red light. Each red light shall show through 
an arc of 180 deg., and shall be securely mounted on the pier, abutment 
or fixed portion of the bridge as low as practicable to show 90 deg. on 
either side of a line parallel to the axis of the channel so as to be 
visible from an approaching vessel.



Sec. 118.80   Lights on bascule bridges.

    (a) Lift span lights. Each lift span of every bascule bridge shall 
be lighted so that the free end of the span will be marked on each side 
by a green light which shows only when the span is fully open for the 
passage of a vessel and by a red light which shows for all other 
positions of the lift span. Each red and each green light shall show 
through a horizontal arc of 180 deg.. The lighting apparatus shall be 
securely mounted to the side of the span so that the light will show 
equally on either side of a line parallel to the axis of the channels, 
so that they will be visible from an approaching vessel.

    Note: Until such time that major repairs to or replacement of lift 
span navigation lights are made, existing lights may show

[[Page 502]]

through a horizontal arc of less than 180 deg.. When major repairs to or 
replacement of existing lights are made they shall conform with this 
paragraph.

    (b) Multiple parallel lift span lights. The outermost side of each 
outer span of every bascule bridge with parallel multiple lifts shall be 
lighted as prescribed in paragraph (a) of this section; the lights shall 
be controlled so that the green lights will be displayed only when all 
spans are open for navigation. The inner sides of each outer lift span 
and both sides of each inner lift span of such bascule bridge shall be 
lighted by red lights for all positions of the lift span. These lights 
shall have the same arcs of illumination and shall be mounted as 
described in paragraph (a) of this section.
    (c) Pier lights. Every bascule bridge shall be lighted so that each 
end of every pier, or protection pier where provided, in or adjacent to 
the navigable channels under the lift span or spans will be marked by a 
red light. Each such red light shall show through a horizontal arc of 
180 deg., and shall be securely mounted as low as practicable on the end 
of the pier, or protection pier, to show 90 deg. either side of a line 
parallel to the axis of the navigable channel so as to be visible from 
an approaching vessel.
    (d) Axis lights. Every bascule bridge which has at least one pier 
provided with a protection pier shall be lighted so that the 
intersection of the long axis of the lift span with the channel side of 
each pier, or protection pier, will be marked by a red light: Provided, 
That if all such piers and protection piers are straight along their 
channel faces these lights shall not be required. Each such red light 
shall show through a horizontal arc of 180 deg. and shall be securely 
mounted on the navigable channel face of the pier as low as practicable 
to show 90 deg. on either side of a line normal to the axis of the 
navigable channel so as to be visible from an approaching vessel.



Sec. 118.85   Lights on vertical lift bridges.

    (a) Lift span lights. The vertical lift span of every vertical lift 
bridge shall be lighted so that the center of the navigable channel 
under the span will be marked by a range of two green lights when the 
vertical lift span is open for navigation, and by one red light on each 
side for all other positions of the lift span. The green lights shall 
each show through a horizontal arc of 360 deg.; they shall be securely 
mounted just below the outermost edge of the bridge span structure so as 
to be visible from an approaching vessel. Each red light shall show 
through a horizontal arc of 180 deg., and shall be securely mounted just 
below the outermost edge of the lift span to show 90 deg. on either side 
of the line parallel to the axis of the channel so that only one such 
light will be visible from an approaching vessel.

    Note: Until such time that major repairs to or replacement of lift 
span navigation lights are made, it is permitted that these lights show 
through a horizontal arc of not more than 60 deg.. When major repairs to 
or replacement of such existing lights are made they shall conform with 
this paragraph.

    (b) Pier lights. Every vertical lift bridge shall be lighted so that 
each end of every pier in or adjacent to navigable channels under the 
lift span, or each end of every protection pier when provided, will be 
marked by a red light. Each such light shall show through a horizontal 
arc of 180 deg., and shall be securely mounted as low as practicable on 
the end of the pier, or the protection pier, to show 90 deg. on either 
side of a line parallel to the axis of the navigable channel so as to be 
visible from an approaching vessel.
    (c) Axis lights. Every lift bridge which has at least one pier 
provided with a protection pier shall be lighted so that the 
intersection of the lift span axis with the channel side of each pier 
adjacent to the navigable channel will be marked by a red light: 
Provided, That if every such pier, or protection pier, is straight along 
its channel face these lights shall not be required. Each such light 
shall show through a horizontal arc of 180 deg., and shall be securely 
mounted on the navigable channel face of the pier as low as practicable 
to show 90 deg. on either side of a line normal to the axis of the 
navigable channel so as to be visible from an approaching vessel.

[40 FR 24898, June 11, 1975, as amended by CGD 75-046a, 42 FR 56954, 
Oct. 31, 1977]

[[Page 503]]



Sec. 118.90   Bridges crossing channel obliquely.

    Bridges crossing a body of water at an angle other than 90 deg. with 
the axis of the channel shall be lighted in accordance with the 
regulations in this part with such modifications as are necessary in 
each particular case.



Sec. 118.95  Lights on structures not part of a bridge or approach structure.

    Lights on sheer booms, isolated piers, obstructions, and other 
structures not part of a bridge or approach structure must meet the 
requirements for aids to navigation in Subpart 66.01 of Part 66 of this 
chapter.

[CGD 84-022, 51 FR 16313, May 2, 1986]



Sec. 118.100  Retroreflective panels on bridge piers.

    The District Commander may require or authorize the display of high 
intensity red or green retroreflective panels when the District 
Commander finds it necessary:
    (a) To better identify a hazardous pier.
    (b) To provide a backup for red pier lights, red channel margin 
lights, and green mid channel lights, which are subject to vandalism or 
otherwise difficult to properly maintain. If the District Commander 
determines that the nominal nighttime visibility required is less than 
one-half mile, the panels must be at least six inches square. If the 
visibility required is more than one-half mile, the panels must be at 
least 12 inches square.
    (c) To mark bridge piers or channel sides on bridges not required to 
have bridge lighting. Lateral significant red triangles and green square 
retroreflective panels shall be used. The panels shall be at least 36 
square inches in area to provide a nominal nighttime visibility distance 
of at least one-half mile.

[CGD 84-022, 51 FR 16313, May 2, 1986]



Sec. 118.105  [Reserved]



Sec. 118.110  Daymarks and lateral lighting on bridges.

    (a) The District Commander may require or authorize the marking of 
the margins of navigation channels through bridges with U.S. aids to 
navigation system lateral marks and lights installed on the 
superstructure or on the channel piers. The District Commander may also 
require or authorize the use of quick flashing, flashing, isophase or 
occulting red and green lights to mark the main channels.
    (b) If lateral system lights are required or authorized to mark the 
main navigation channels, fixed yellow lights shall be used to mark the 
adjacent piers and the centerline of the channel shall be marked with 
the standard lateral system safe water mark and occulting white light, 
instead of the lights prescribed in Sec. 118.65.
    (c) The District Commander may require or authorize the marking of 
the centerline of the navigation channel drawspan of floating 
drawbridges with a special mark, diamond in shape, yellow in color, and 
with a high intensity retroreflective material border. The District 
Commander may require or authorize the mark to exhibit a flashing yellow 
light Morse Code ``B'' characteristic. The mark may not be visible when 
the drawspan is in the open position.

[CGD 84-022, 51 FR 16313, May 2, 1986]



Sec. 118.120  Radar reflectors and racons.

    The District Commander may require or authorize the installation of 
radar reflectors and racons on bridge structures, stakes, or buoys. 
Radar reflectors are used to mark the location of the edge of the 
navigation channel or bridge channel piers. Racons are used to mark the 
centerline of the channel.

[CGD 84-022, 51 FR 16313, May 2, 1986]



Sec. 118.130  Fog signals.

    On waterways where visibility is frequently reduced due to fog or 
other causes, the District Commander may require or authorize the 
installation of one or more fog signals to warn the navigator of the 
presence of the bridge. The fog signals must conform to the 
installation, range, and sound frequencies provisions in Subpart 67.10 
of Part 67 of this chapter. If more than one fog signal is installed on 
a bridge or in the vicinity, their characteristics must be different to 
distinguish each

[[Page 504]]

signal. The fog signals must be directional to the fullest extent 
possible to minimize adverse impact on local residents.

[CGD 84-022, 51 FR 16313, May 2, 1986]



Sec. 118.140  Painting bridge piers.

    The District Commander may require painting the sides of bridge 
channel piers below the superstructure facing traffic white or yellow 
when they are significantly darkened by weathering or other causes so as 
to be poorly visible against a dark background.

[CGD 84-022, 51 FR 16314, May 2, 1986]



Sec. 118.150  Traveller platforms.

    The District Commander may require under deck traveller platforms 
which may significantly reduce the vertical clearance when operated over 
navigation channels at night to be lighted with quick flashing red 
lights on each of the four lower corners.

[CGD 84-022, 51 FR 16314, May 2, 1986]



Sec. 118.160  Vertical clearance gauges.

    (a) When necessary for reasons of safety of navigation, the District 
Commander may require or authorize the installation of clearance gauges. 
Except as specified in Sec. 117.47(b) of this chapter for certain 
drawbridges, clearance gauges must meet the requirements of this 
section.
    (b) Clearance gauges must indicate the vertical distance between 
``low steel'' of the bridge channel span and the level of the water, 
measured to the bottom of the foot marks, read from top to bottom. Each 
gauge must be installed on the end of the right channel pier or pier 
protection structure facing approaching vessels and extend to a 
reasonable height above high water so as to be meaningful to the viewer. 
Other or additional locations may be prescribed by the District 
Commander if particular conditions or circumstances warrant.
    (c) Construction. Each gauge must be premanently fixed to the bridge 
pier or pier protection structure and made of a durable material of 
sufficient strength to provide resistence to weather, tide, and current. 
Gauges may be painted directly on the bridge channel pier or pier 
protection structure if the surface is suitable and has sufficient width 
to accommodate the foot marks (graduations) and numerals.
    (d) Numerals. (1) Each gauge must be marked by black numerals and 
foot marks on a white background. Paint, if used, must be of good 
exterior quality, resistant to excessive chalking or bleeding. 
Manufactured numerals and background material may be used.
    (2) The size, type, and spacing of numerals must conform to the 
Standard Alphabets for Highway Signs and the following table. The 
nominal day visibility distance is the distance at which the clearance 
information needs to be ascertained by approaching vessel operators. The 
District Commander determines this distance for each bridge.

------------------------------------------------------------------------
                                                               Vertical 
 Nominal day visibility distance   Height of      Type of     spacing of
             (feet)                 numeral       numeral      numerals 
                                   (inches)                     (feet)  
------------------------------------------------------------------------
Less than 500...................          12  Series C......           2
500 to 750......................          18  Series C......           2
750 to 1,000....................          24  Series D......           5
1,000 to 2,000..................          30  Series E......           5
More than 2,000.................          36  Series E......          10
------------------------------------------------------------------------

    (3) The length of the foot marks must be no less than the width of a 
single numeral used (except numerals 1 and 4), be the same thickness as 
the width of stroke of the numeral, and extend to the nearest margin of 
the white background. Foot marks must be spaced every foot for nominal 
day visibility of less than 500 feet, every two feet for a nominal day 
visibility of more than 500 feet but less than 1,000 feet, and every 
five feet for nominal day visibility of more than 1,000 feet.
    (4) Intermediate foot marks may be used when more precise 
determination of actual clearance is necessary. Such intermediate foot 
marks must have a width of stroke one-half the width of the stroke 
required for the numeral and shall be three-quarters as long as the 
primary foot marks.
    (5) The horizontal distance between the numeral and nearest edge of 
the white background shall be no less than one-half the width of a 
single numeral (excepting numerals 1 and 4).
    (6) The minimum width of the white background shall be no less than 
three times the width of a single numeral (excepting numerals 1 and 4) 
plus the widths of each additional numeral

[[Page 505]]

(when multiple numerals are used plus numeral spacing).
    (e) Maintenance. The owner or operator of the bridge shall maintain 
each gauge in good repair and legible condition. The bridge owner or 
operator is responsible for the accuracy of the gauge and shall 
remeasure the vertical distance of the numerals and foot marks below 
``low steel'' of the bridge whenever the gauge is repainted or the 
structure is repaired.

[CGD 84-022, 51 FR 16314, May 2, 1986]

[[Page 506]]



                    SUBCHAPTER K--SECURITY OF VESSELS





PART 120--SECURITY OF PASSENGER VESSELS--Table of Contents




                           Subpart A--General

Sec.
120.100  Applicability.
120.110  Definitions.
120.120  Incorporation by reference.

                       Subpart B--Security Program

120.200  General.
120.210  Vessel security officer.
120.220  Reporting of unlawful acts and related activities.

          Subpart C--Plans and Procedures for Vessel Security.

120.300  Plan: General.
120.305  Plan: Procedure for examination.
120.307  Plan: Amendment.
120.309  Right of appeal.

    Authority: 33 U.S.C. 1231; 49 CFR 1.46.

    Source: CGD 91-012, 61 FR 37652, July 18, 1996, unless otherwise 
noted.



                           Subpart A--General



Sec. 120.100  Applicability.

    This part applies to all passenger vessels over 100 gross tons, 
carrying 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 United States or its 
territories. It does not apply to ferries that hold Coast Guard 
Certificates of Inspection endorsed for ``Lakes, Bays, and Sounds'', and 
that transit international waters for only short periods of time, on 
frequent schedules.



 Sec. 120.110  Definitions.

    As used in this part:
    Captain of the Port (COTP) means the Coast Guard officer designated 
by the Commandant to command a Captain of the Port Zone as described in 
Part 3 of this chapter, or an authorized representative.
    Commandant means the Commandant of the U.S. Coast Guard, or an 
authorized representative.
    High seas means all waters that are neither territorial seas nor 
internal waters of the United States or of any foreign country as 
defined in Part 2, Subpart 2.05, of this chapter.
    High threat means that the threat of an unlawful act against a 
vessel or terminal is probable or imminent and that intelligence 
indicates that terrorists have chosen specific targets.
    Low threat means that the threat of an unlawful act against a vessel 
or terminal is, though possible, not likely.
    Medium threat means that the threat of an unlawful act against a 
vessel or terminal is possible and that intelligence indicates that 
terrorists are likely to be active within a specific area, or against a 
type of vessel or terminal.
    Operator means the person, company, or governmental agency, or the 
representative of a company or governmental agency, that maintains 
operational control over a passenger vessel or passenger terminal.
    Passenger terminal means any structure used for the assembling, 
processing, embarking, or disembarking of passengers or baggage for 
vessels subject to this part. It includes piers, wharves, and similar 
structures to which a vessel may be secured; land and water under or in 
immediate proximity to these structures; buildings on or contiguous to 
these structures; and equipment and materials on or in these structures.
    Unlawful act means an act that is a felony under U.S. federal law, 
under the laws of the States where the vessel is located, or under the 
laws of the country in which the vessel is registered.
    Voyage means the passenger vessel's entire course of travel, from 
the first port at which the vessel embarks passengers until its return 
to that port or another port where the majority of the passengers are 
disembarked and terminate their voyage.



Sec. 120.120  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal

[[Page 507]]

Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. To 
enforce any edition other than that specified in paragraph (b) of this 
section, the Coast Guard must publish notice of change in the Federal 
Register and must make the material available to the public. All 
approved material may be inspected at the Office of the Federal 
Register, 800 North Capitol Street NW., Suite 700, Washington, DC, and 
at the U.S. Coast Guard, (G-MES), 2100 Second Street SW., Washington, 
DC. Copies may be obtained from IMO, 4 Albert Embankment, London SE1 
7SR.
    (b) The materials approved for incorporation by reference in this 
part and the sections affected are:

                International Maritime Organization (IMO)

4 Albert Embankment, London SE1 7SR MSC Circular 443, Measures to 
    Prevent Unlawful Acts Against Passengers and Crews on Board Ships 
    September 26, 1986--120.220, 120.300



                       Subpart B--Security Program



Sec. 120.200  General.

    (a) Each operator of a vessel to which this part applies shall for 
each such of its vessels implement a program that--
    (1) Provides for the safety and security of persons and property 
traveling aboard the vessel against unlawful acts;
    (2) Prevents or deters the carriage aboard the vessel of any 
prohibited weapon, incendiary, or explosive, on or about any person or 
within his or her personal articles or baggage, and the carriage of any 
prohibited weapon, incendiary, or explosive, in stowed baggage, cargo, 
or stores;
    (3) Prevents or deters unauthorized access to the vessel and to 
restricted areas aboard the vessel;
    (4) Provides means to meet the requirements for low, medium, and 
high threats, through increased security measures to be implemented on 
advice by the Commandant or COTP of an increased threat to the vessel or 
persons on the vessel;
    (5) Designates, by name, a security officer for the vessel;
    (6) Ensures that all members of the crew are adequately trained to 
perform their duties relative to security; and
    (7) Provides for coordination with terminal security while in port.
    (b) Each operator of a vessel to which this part applies shall work 
with the operator of each terminal at which the vessel embarks or 
disembarks passengers, to provide security for the passengers and the 
vessel. The vessel, however, need not duplicate any provisions fulfilled 
by the terminal unless directed by the Commandant. When a provision is 
fulfilled by the terminal, that fact shall be referenced in the 
applicable section of the Vessel Security Plan required by Sec. 120.300.



Sec. 120.210  Vessel security officer.

    (a) Each operator of a vessel to which this part applies shall 
designate a security officer for the vessel.
    (b) This officer shall ensure that--
    (1) An initial comprehensive security survey is conducted and 
updated;
    (2) The plan required by Sec. 120.300 is implemented and maintained, 
and that amendments to correct its deficiencies and satisfy the security 
requirements for the vessel are proposed;
    (3) Adequate training for members of the crew responsible for 
security is provided;
    (4) Regular security inspections of the vessel are conducted;
    (5) Vigilance, as well as general awareness of security aboard the 
vessel, is encouraged;
    (6) All occurrences or suspected occurrences of unlawful acts and 
related activities are reported in accordance with Sec. 120.220; and
    (7) Coordination, for implementation of the plant required by 
Sec. 120.300, takes place with the terminal security officer at each 
terminal at which the vessel embarks or disembarks passengers.



Sec. 120.220  Reporting of unlawful acts and related activities.

    (a) Either the operator of the vessel or the vessel security officer 
shall report each breach of security, unlawful act, or threat of an 
unlawful act against the vessel or persons aboard it that occurs in a 
place subject to the jurisdiction of the United States, both to the COTP 
and to the local office of the

[[Page 508]]

Federal Bureau of Investigation (FBI). Also, the operator of each U.S.-
flag vessel shall report each such incident that occurs in a place 
outside the jurisdiction of the United States to the hotline of the 
Response Center of the Department of Transportation at 1-800-424-0201, 
or, from within metropolitan Washington D.C., at (202) 267-3675.
    (b) Either the operator of the vessel or the vessel security officer 
shall file a written report of the incident, using the form ``Report on 
an Unlawful Act'', contained in IMO MSC Circular 443, which the operator 
or the officer shall forward as soon as possible to Commandant (G-MRO), 
U.S. Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 
20593-0001. Notification of an incident may be initially filed by fax. 
Original copies should be sent by mail in conjunction with faxing the 
report to the Commandant (G-MRO), fax numbers are (202) 267-4085/4065.



           Subpart C--Plans and Procedures for Vessel Security



Sec. 120.300  Plan: General.

    (a) Each operator of a vessel subject to this part shall for each 
such vessel develop and maintain, in writing, an appropriate Vessel 
Security Plan that--
    (1) Is unique to the vessel;
    (2) Articulates the program required by Sec. 120.200; and
    (3) Includes an appendix, for each port in which the vessel embarks 
or disembarks passengers, that contains port-specific security 
information.
    (b) The Plan must be developed and maintained in accordance with the 
guidance in IMO MSC Circular 443, and must address security for periods 
of low, medium, and high threats, to--
    (1) Deter unauthorized access to the vessel and its restricted 
areas;
    (2) Deter the introduction of prohibited weapons, incendiaries, or 
explosives aboard the vessel;
    (3) Encourage vigilance, as well as general awareness of security, 
aboard the vessel;
    (4) Provide adequate training to members of the crew for security 
aboard the vessel;
    (5) Coordinate responsibilities for security with the operator of 
each terminal at which the vessel embarks or disembarks passengers; and
    (6) Provide information to members of the crew and to law-
enforcement personnel, in case of an incident affecting security.
    (c) The operator shall amend the Plan to address any known 
deficiencies.
    (d) The operator shall restrict the distribution, disclosure, and 
availability of information contained in the plan to those persons with 
an operational need to know.



Sec. 120.305  Plan: Procedure for examination.

    (a) Each operator of a passenger vessel subject to this part shall 
submit two copies of the Vessel Security Plan required by Sec. 120.300 
to the Director, National Maritime Center (NMC), 4200 Wilson Blvd., 
Suite 510, Arlington, VA 22203, for examination before October 16, 1996, 
or at least 60 days before embarking passengers on a voyage described in 
Sec. 120.100, whichever is later.
    (b) If the Director of the NMC finds that the Vessel Security Plan 
meets the requirements of Sec. 120.300, the Director shall return a copy 
to the owner or operator marked ``Examined by the Coast Guard''.
    (c) If the Director of the NMC finds that the Plan does not meet the 
requirements of Sec. 120.300, the Director shall return the plan with an 
explanation of why it does not meet the requirements.
    (d) No vessel subject to this part may embark or disembark 
passengers in the United States after November 16, 1996, unless it holds 
either a Vessel Security Plan that has been examined by the Coast Guard 
or a letter from the Director of the NMC stating that the Plan is 
currently under review by the Coast Guard and that normal operations may 
continue until the Coast Guard has determined whether the Plan meets the 
requirements of Sec. 120.300.



Sec. 120.307  Plan: Amendment.

    (a) The operator of a passenger vessel subject to this part may 
initiate amendments to the Vessel Security Plan on its own as well as 
when directed by the Director of the NMC.

[[Page 509]]

    (b) Each proposed amendment to the Plan, initiated by the operator, 
including changes to the appendices required by Sec. 120.300(a)(3), must 
be submitted to the Director of the NMC for review at least 30 days 
before the proposed amendment is to take effect, unless a shorter period 
is allowed by the Director. The Director will examine the amendment and 
respond according to Sec. 120.305.
    (c) The Director of the NMC may direct the operator of a vessel 
subject to this part to amend its Plan if the Director determines that 
implementation of the Plan is not providing effective security. Except 
in an emergency, the Director will issue to the operator a written 
notice of matters to address and will allow the operator at least 60 
days to submit proposed amendments.
    (d) If there is an emergency or other circumstance that makes the 
procedures in paragraph (c) of this section impracticable, the COTP may 
give to the operator of a vessel subject to this part an order to 
implement increased security measures immediately. The order will 
incorporate a statement of the reasons for it.



Sec. 120.309  Right of appeal.

    Any person directly affected by a decision or action taken by the 
Director of the NMC under this part, may appeal that action or decision 
to the Chief, Marine Safety and Environmental Protection Directorate 
(Commandant (G-M)) according to the procedures in 46 CFR 1.03-15.
[[Page 511]]



                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Material Approved for Incorporation by Reference
  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  Redesignation Table
  List of CFR Sections Affected

[[Page 513]]

            Material Approved for Incorporation by Reference

                      (Revised as of July 1, 1997)

  The Director of the Federal Register has approved under 5 U.S.C. 
552(a) and 1 CFR Part 51 the incorporation by reference of the following 
publications. This list contains only those incorporations by reference 
effective as of the revision date of this volume. Incorporations by 
reference found within a regulation are effective upon the effective 
date of that regulation. For more information on incorporation by 
reference, see the preliminary pages of this volume.


33 CFR CHAPTER I (PARTS 1 TO 124)

COAST GUARD, DEPARTMENT OF TRANSPORTATION
  All the following materials are also on file at                 33 CFR
  Coast Guard Headquarters, Room 4407, Trans Point 
  Bldg., 2100 Second St. S.W., Washington, DC 
  20593.


Federal Highway Administration

  400 Seventh St., SW, Washington, DC 20590
Standard Alphabets for Highway Signs, 1966 (1984                     118
  Reprint).


Illumination Engineering Society

  345 E. 47th St., New York, NY 10017
Colors of Light Signals, 1975.....................                 84.13


International Maritime Organization (IMO)

  4 Albert Embankment, London, SE1 75R, U.K.
MSC Circular 443, ``Measures to Prevent Unlawful        120.220; 120.300
  Acts Against Passengers and Crews on Board 
  Ships'', dated September 26, 1986.


Naval Publications Forms Center

  Customer Service--Code 1052, 5801 Tabor Ave., 
  Philadelphia, PA 19120
Military Specification, MIL-C-25050 Color,                    67.30-5(a)
  Aeronautical Lights & Lighting Equipment, 1963 
  (1971).



[[Page 515]]



                    Table of CFR Titles and Chapters




                      (Revised as of June 20, 1997)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                          Title 2--[Reserved]

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  General Accounting Office (Parts 1--99)
        II  Federal Claims Collection Standards (General 
                Accounting Office--Department of Justice) (Parts 
                100--299)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Advisory Committee on Federal Pay (Parts 1400--1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
       VII  Advisory Commission on Intergovernmental Relations 
                (Parts 1700--1799)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Part 2100)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Part 3201)
     XXIII  Department of Energy (Part 3301)

[[Page 516]]

      XXIV  Federal Energy Regulatory Commission (Part 3401)
      XXVI  Department of Defense (Part 3601)
    XXVIII  Department of Justice (Part 3801)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
      XXXV  Office of Personnel Management (Part 4501)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
      XLII  Department of Labor (Part 5201)
     XLIII  National Science Foundation (Part 5301)
       XLV  Department of Health and Human Services (Part 5501)
      XLVI  Postal Rate Commission (Part 5601)
     XLVII  Federal Trade Commission (Part 5701)
    XLVIII  Nuclear Regulatory Commission (Part 5801)
         L  Department of Transportation (Part 6001)
       LII  Export-Import Bank of the United States (Part 6201)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Part 6401)
      LVII  General Services Administration (Part 6701)
     LVIII  Board of Governors of the Federal Reserve System (Part 
                6801)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
       LXI  National Labor Relations Board (Part 7101)
      LXII  Equal Employment Opportunity Commission (Part 7201)
     LXIII  Inter-American Foundation (Part 7301)
       LXV  Department of Housing and Urban Development (Part 
                7501)
      LXVI  National Archives and Records Administration (Part 
                7601)
      LXIX  Tennessee Valley Authority (Part 7901)
      LXXI  Consumer Product Safety Commission (Part 8101)
     LXXIV  Federal Mine Safety and Health Review Commission (Part 
                8401)
     LXXVI  Federal Retirement Thrift Investment Board (Part 8601)
    LXXVII  Office of Management and Budget (Part 8701)

                          Title 6--[Reserved]

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Consumer Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)

[[Page 517]]

        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
      XIII  Northeast Dairy Compact Commission (Parts 1300--1399)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy, Department of Agriculture (Parts 
                2900--2999)
       XXX  Office of Finance and Management, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  [Reserved]
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)

[[Page 518]]

    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  Immigration and Naturalization Service, Department of 
                Justice (Parts 1--499)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Meat and Poultry 
                Inspection, Department of Agriculture (Parts 300--
                599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
        XI  United States Enrichment Corporation (Parts 1100--
                1199)
        XV  Office of the Federal Inspector for the Alaska Natural 
                Gas Transportation System (Parts 1500--1599)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)

[[Page 519]]

        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Thrift Depositor Protection Oversight Board (Parts 
                1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700-1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Export Administration, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)

[[Page 520]]

            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  United States Customs Service, Department of the 
                Treasury (Parts 1--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training, Department of Labor 
                (Parts 1000--1099)

[[Page 521]]

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development, International 
                Development Cooperation Agency (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  United States Information Agency (Parts 500--599)
        VI  United States Arms Control and Disarmament Agency 
                (Parts 600--699)
       VII  Overseas Private Investment Corporation, International 
                Development Cooperation Agency (Parts 700--799)
        IX  Foreign Service Grievance Board Regulations (Parts 
                900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Board for International Broadcasting (Parts 1300--
                1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development

[[Page 522]]

         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs and Section 202 Direct Loan Program) 
                (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--999)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Part 1001)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Part 1200)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--799)

[[Page 523]]

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Bureau of Alcohol, Tobacco and Firearms, Department of 
                the Treasury (Parts 1--299)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--199)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Pension and Welfare Benefits Administration, 
                Department of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
        VI  Bureau of Mines, Department of the Interior (Parts 
                600--699)

[[Page 524]]

       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)
      XXIX  Presidential Commission on the Assignment of Women in 
                the Armed Forces (Part 2900)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

[[Page 525]]

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799)
        XI  National Institute for Literacy (Parts 1100-1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                        Title 35--Panama Canal

         I  Panama Canal Regulations (Parts 1--299)

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
       XIV  Assassination Records Review Board (Parts 1400-1499)

             Title 37--Patents, Trademarks, and Copyrights

         I  Patent and Trademark Office, Department of Commerce 
                (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

[[Page 526]]

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Rate Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--799)
         V  Council on Environmental Quality (Parts 1500--1599)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans 
                Employment and Training, Department of Labor 
                (Parts 61-1--61-999)
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System
       201  Federal Information Resources Management Regulation 
                (Parts 201-1--201-99) [Reserved]
            Subtitle F--Federal Travel Regulation System
       301  Travel Allowances (Parts 301-1--301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Parts 303-1--303-2)
       304  Payment from a Non-Federal Source for Travel Expenses 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Health Care Financing Administration, Department of 
                Health and Human Services (Parts 400--499)

[[Page 527]]

         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10005)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  ACTION (Parts 1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)

[[Page 528]]

      XXII  Christopher Columbus Quincentenary Jubilee Commission 
                (Parts 2200--2299)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Department of Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  United States Information Agency (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)

[[Page 529]]

        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        35  Panama Canal Commission (Parts 3500--3599)
        44  Federal Emergency Management Agency (Parts 4400--4499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399)
        54  Defense Logistics Agency, Department of Defense (Part 
                5452)
        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Research and Special Programs Administration, 
                Department of Transportation (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Highway Administration, Department of 
                Transportation (Parts 300--399)
        IV  Coast Guard, Department of Transportation (Parts 400--
                499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)

[[Page 530]]

        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            Acts Requiring Publication in the Federal Register
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR



[[Page 531]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of June 20, 1997)

                                                  CFR Title, Subtitle or
                     Agency                               Chapter

ACTION                                            45, XII
Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Commission on Intergovernmental          5, VII
     Relations
Advisory Committee on Federal Pay                 5, IV
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Research Service                       7, XXXVII
  Energy, Office of                               7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Finance and Management, Office of               7, XXX
  Food and Consumer Service                       7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Alaska Natural Gas Transportation System, Office  10, XV
     of the Federal Inspector
Alcohol, Tobacco and Firearms, Bureau of          27, I
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII

[[Page 532]]

Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Arms Control and Disarmament Agency, United       22, VI
     States
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Assassination Records Review Board                36, XIV
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Board for International Broadcasting              22, XIII
Census Bureau                                     15, I
Central Intelligence Agency                       32, XIX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Christopher Columbus Quincentenary Jubilee        45, XXII
     Commission
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Commerce Department                               44, IV
  Census Bureau                                   15, I`
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Export Administration, Bureau of                15, VII
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office                     37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                5, LXXI; 16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Customs Service, United States                    19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51

[[Page 533]]

  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Defense Mapping Agency                          32, I
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 2
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Mapping Agency                            32, I
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Elementary and Secondary Education, Office of     34, II
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Enrichment Corporation, United States             10, XI
Environmental Protection Agency                   5, LIV; 40, I
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                25, III, LXXVII; 48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export Administration, Bureau of                  15, VII
Export-Import Bank of the United States           5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I

[[Page 534]]

  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               4, II
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
  Federal Acquisition Regulation                  48, 44
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II; 49, III
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
Federal Inspector for the Alaska Natural Gas      10, XV
     Transportation System, Office of
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Pay, Advisory Committee on                5, IV
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Property Management Regulations System    41, Subtitle C
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Finance and Management, Office of                 7, XXX
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Food and Drug Administration                      21, I
Food and Consumer Service                         7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Accounting Office                         4, I, II
General Services Administration                   5, LVII
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Property Management Regulations System  41, 101, 105
  Federal Travel Regulation System                41, Subtitle F
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302

[[Page 535]]

  Travel Allowances                               41, 301
Geological Survey                                 30, IV
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Great Lakes Pilotage                              46, III
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          5, XLV; 45, Subtitle A
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Health Care Financing Administration            42, IV
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Health Care Financing Administration              42, IV
Housing and Urban Development, Department of      5, LXV; 24, Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Human Development Services, Office of             45, XIII
Immigration and Naturalization Service            8, I
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Information Agency, United States                 22, V
  Federal Acquisition Regulation                  48, 19
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Intergovernmental Relations, Advisory Commission  5, VII
     on
Interior Department
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  Mines, Bureau of                                30, VI
  National Indian Gaming Commission               25, III

[[Page 536]]

  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, Agency for             22, II
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
  International Development, Agency for           22, II; 48, 7
  Overseas Private Investment Corporation         5, XXXIII; 22, VII
International Fishing and Related Activities      50, III
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                5, XXVIII; 28, I
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             4, II
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration and Naturalization Service          8, I
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  5, XLII
  Benefits Review Board                           20, VII
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Pension and Welfare Benefits Administration     29, XXV
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training, Office of    41, 61; 20, IX
       the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
Management and Budget, Office of                  5, III, LXXVII; 48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II
Micronesian Status Negotiations, Office for       32, XXVII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Mines, Bureau of                                  30, VI
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV

[[Page 537]]

Monetary Offices                                  31, I
National Aeronautics and Space Administration     5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National Archives and Records Administration      5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Bureau of Standards                      15, II
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National and Community Service, Corporation for   45, XXV
National Council on Disability                    34, XII
National Credit Union Administration              12, VII
National Drug Control Policy, Office of           21, III
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
National Weather Service                          15, IX
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Dairy Compact Commission                7, XIII
Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Panama Canal Commission                           48, 35
Panama Canal Regulations                          35, I
Patent and Trademark Office                       37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension and Welfare Benefits Administration       29, XXV
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Postal Rate Commission                            5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
   Fellowships
[[Page 538]]

Presidential Commission on the Assignment of      32, XXIX
     Women in the Armed Forces
Presidential Documents                            3
Prisons, Bureau of                                28, V
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Regional Action Planning Commissions              13, V
Relocation Allowances                             41, 302
Research and Special Programs Administration      49, I
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     13, I
Smithsonian Institution                           36, V
Social Security Administration                    20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  22, I
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Depositor Protection Oversight Board       12, XV
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     5, L
  Coast Guard                                     33, I; 46, I; 49, IV
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II; 49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 49, V
  Research and Special Programs Administration    49, I
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
Transportation, Office of                         7, XXXIII
Travel Allowances                                 41, 301
Treasury Department                               5, XXI; 17, IV
  Alcohol, Tobacco and Firearms, Bureau of        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I

[[Page 539]]

  Customs Service, United States                  19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  International Investment, Office of             31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
United States Enrichment Corporation              10, XI
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training, Office of the  41, 61; 20, IX
     Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 541]]

                                     

                                     



                           Redesignation Table



                            Derivation Table                            
------------------------------------------------------------------------
                  New                                 Source            
------------------------------------------------------------------------
Sec.  52.1.............................  Sec.  52.01-1                  
52.2...................................  52.01-5                        
52.11..................................  52.05-1                        
52.12..................................  52.05-5                        
52.13..................................  52.05-10                       
52.21..................................  52.10-1                        
52.22..................................  52.10-5                        
52.23..................................  52.25-1                        
52.24..................................  52.30-10                       
52.25..................................  52.30-15                       
52.26..................................  52.30-25                       
52.31..................................  52.15-1                        
52.32..................................  52.15-5                        
52.33..................................  52.15-10                       
52.41..................................  NEW                            
52.42..................................  52.20-10                       
52.43..................................  52.25-5                        
52.44..................................  52.25-10                       
52.45..................................  52.20-20                       
52.51..................................  52.30-5                        
52.52..................................  52.35-10                       
52.61..................................  52.35-1                        
52.62..................................  52.35-5                        
52.63..................................  52.35-10                       
52.64..................................  52.35-15                       
52.65..................................  52.35-20                       
52.66..................................  52.35-25                       
52.67..................................  52.35-30                       
52.68..................................  NEW                            
52.71..................................  52.40-1                        
52.72..................................  52.40-5                        
52.73..................................  52.40-10                       
52.74..................................  52.40-15                       
52.81..................................  52.45-1                        
52.82..................................  52.45-5                        
------------------------------------------------------------------------


[[Page 543]]



List of CFR Sections Affected




All changes in this volume of the Code of Federal Regulations which were 
made by documents published in the Federal Register since January 1, 
1986, are enumerated in the following list. Entries indicate the nature 
of the changes effected. Page numbers refer to Federal Register pages. 
The user should consult the entries for chapters and parts as well as 
sections for revisions.
For the period before January 1, 1986, see the ``List of CFR Sections 
Affected, 1949-1963, 1964-1972, and 1973-1985'' published in seven 
separate volumes.

                                  1986

33 CFR
                                                                   51 FR
                                                                    Page
Chapter I
1.01-1--1.01-70 (Subpart 1.01)  Authority citation revised.........22804
1.01-40  Revised; eff. 7-23-86.....................................22805
1.07-1--1.07-95 (Subpart 1.07)  Authority citation revised.........19329
1.07-17  Removed...................................................19329
1.07-25  (e) removed...............................................19329
1.07-65  (c) removed...............................................19329
1.26-1--1.26-25 (Subpart 1.26)  Authority citation revised.........25366
1.26-5  (b) revised................................................25366
3  Authority citation revised; section authority citations removed
                                                                   10541
3.10-20  Removed...................................................37178
3.10-35  Revised...................................................37178
3.15-55  Revised; eff. 10-1-86.....................................10541
    (b) corrected..................................................11914
3.15-57  Removed; eff. 10-1-86.....................................10541
4  Authority citation revised.......................................5712
4.02  Table amended (OMB numbers)............................5712, 23536
66  Authority citation revised.....................................11447
66.01-1--66.01-55 (Subpart 66.01)  Authority citation removed......11447
66.01-1  (d) revised...............................................11448
66.01-5  (i) added.................................................11448
66.01-15  (b) revised..............................................11448
66.05-1--66.05-100 (Subpart 66.05)  Authority citation removed.....11447
80  Authority citation revised......................................7785
80.115  (b) revised.................................................7786
80.135  (b) revised.................................................7786
80.145  (c) revised.................................................7786
80.305  (h) and (i) revised.........................................7786
80.310  (a) revised.................................................7786
80.320  (a), (b) and (c) revised....................................7786
80.505  (a) and (b) revised.........................................7786
80.520  (a) revised.................................................7786
    (a) correctly revised..........................................21748
80.525  (d) and (f) revised.........................................7786
80.712  (a) and (f) revised.........................................7786
80.727  (d) and (g) revised.........................................7786
80.735  (a) and (c) revised.........................................7786
    (a) correctly revised..........................................21748
80.740  Revised.....................................................7786
    Correctly revised..............................................21748
80.745  (a) revised.................................................7786
80.748  (d) revised.................................................7786
80.750  (k) revised.................................................7787
80.753  (d) revised.................................................7787
    (d) correctly revised..........................................21748
80.757  (d) and (h) revised.........................................7787
80.805  (c) revised.................................................7787
80.810  (a), (b) and (g) revised....................................7787
80.815  ((b) revised................................................7787
80.825  (b) and (c) revised.........................................7787
80.830  (c), (e) and (h) revised....................................7787
80.835  (a) through (f) revised.....................................7787
80.845  (a) revised.................................................7787
80.850  (c) revised.................................................7787
80.1110  Revised....................................................7787
80.1135  (a) revised................................................7787
80.1160  Revised....................................................7787
80.1225  Revised....................................................7788
    Correctly revised..............................................21748

[[Page 544]]

80.1230  Revised....................................................7788
80.1275  Revised....................................................7788
80.1305  Revised....................................................7788
80.1310  Revised....................................................7788
80.1315  Revised....................................................7788
80.1320  Revised....................................................7788
80.1325  Revised....................................................7788
80.1330  Revised....................................................7788
80.1340  Revised....................................................7788
80.1355  Revised....................................................7788
80.1375  Revised....................................................7788
80.1460  Revised....................................................7788
81  Termination of exemption period................................20820
89  Authority citation revised......................................4592
89.21  Revised......................................................4592
89.25  Revised......................................................4592
100  Temporary regulations list................2694, 12990, 26156, 37179
100.35-323  Added (temporary)......................................21349
100.35-324  Added (temporary)......................................25886
100.35-326  Added (temporary)......................................26155
100.35-327  Added (temporary)......................................23537
100.35-328  Added (temporary)......................................26891
100.35-329  Added (temporary)......................................35217
100.35-330  Added (temporary)......................................30638
100.35-331  Added (temporary)......................................30637
100.35-332  Added (temporary)......................................35216
100.35-0511  Added (temporary).....................................17961
100.35-T0715  Added (temporary)....................................39658
100.35 11-86-02  Added (temporary)..................................4592
100.35 11-86-13  Added (temporary).................................29919
100.35-1202  Added (temporary).....................................10834
100.303  (b) revised (temporary)...................................24529
100.304  (b) revised (temporary)...................................17012
100.307  (b) revised (temporary)...................................15480
100.308  Added (temporary).........................................20822
100.1101  Added....................................................17184
    Table 1 amended................................................22806
100.1102  Added....................................................28706
100.1301  Added....................................................22284
110  Authority citation revised.............................19753, 39857
110.8  (g) added....................................................4593
110.30  (m) revised................................................12314
110.52  (d) added..................................................32317
110.60  (y) added (temporary)......................................22806
    (p-1) and (p-2) redesignated as (p-2) and (p-3); new (p-1) 
added..............................................................39857
    (p-1) corrected................................................42163
110.73b  Added.......................................................395
110.90  Revised....................................................19753
    (a) (1) and (4) corrected......................................23056
110.91  Revised.....................................................2882
110.95  (b), (d), (e), (g), (h), (j), (k) and (n) revised...........2882
110.127c  Amended..................................................10198
110.147  (b)(2) redesignated as (b)(3); (a) (5) and (6) and new 
        (b)(2) added...............................................32318
110.155  (c)(5), (d)(1) through (15), (e)(1), and (m)(2) and (3) 
        suspended; (f)(1)(iii) added (temporary)...................21351
110.185  Added.....................................................11726
110.206  Added; eff. 7-14-86.......................................21357
110.210  (a) introductory text and (b)(4) revised...................2883
    Revised........................................................19753
110.212  (a)(1) revised.............................................2883
110.214  (a)(3), (9), and (15) revised..............................2883
110.218  (a) revised................................................2883
110.224  Revised...................................................12315
    (e)(17) heading, (18) heading, and (19) corrected..............15322
110.T301  Added (temporary)........................................21351
117  Authority citation revised.............................16308, 39858
117.5  Temporary deviation........................................28707,
30060, 30061, 40315, 45318, 47018
117.15  (d)(1) Note added..........................................16308
117.24  Added......................................................16308
117.47  (b) amended................................................16308
117.103  Revised....................................................7789
117.137  (a) removed; (b) designation removed......................32318
117.189  (b) and (c) revised; eff. 7-7-86..........................20483
    (d) added (temporary)..........................................33037
117.261  (g) revised.................................................396
    (h) revised......................................................397
    (bb) corrected..................................................2394
    (g) corrected...................................................2884
    (qq) removed....................................................5325
    (z) added......................................................27407
117.271  (b) removed...............................................29101
117.311  Removed...................................................31113
117.317  Revised...................................................12319
117.355  Removed...................................................12321
117.465  (a) revised................................................2395
117.475  Revised...................................................31113
117.481  Redesignated as 117.482; new 117.481 added................36224

[[Page 545]]

117.482  Redesignated from 117.481.................................36224
117.525  (b) revised...............................................35218
117.591  (c) and (e) revised........................................1510
117.624  Added.....................................................13219
117.732  Revised...................................................31946
117.739  (n) added (temporary).....................................21358
117.745  Revised...................................................44909
117.821  (b) redesignated as (c); new (b) added....................10631
    (a) revised (temporary)........................................41479
117.822  Added.....................................................17013
117.850  Added.....................................................28380
117.855  Added.....................................................39858
117.911  (d) revised.................................................886
    (e) revised....................................................12320
    (c) revised (temporary)........................................19754
    (e) correctly added............................................24655
    (c) revised....................................................25054
117.943  Revised...................................................32319
117.949  Revised...................................................32320
    Corrected......................................................41894
117.961  (a) and designation (b) removed...........................30639
117.1031  (a) and (b) revised.......................................2394
    (c) removed.....................................................2395
117.1047  (c) and (d) revised.......................................2395
117.1051  (d) revised..............................................18788
117.1065  (c) revised...............................................2395
117  Appendix A added..............................................16308
118  Heading and authority citation revised; section authority 
        citations removed..........................................16312
118.1  Revised.....................................................16312
118.3  Added.......................................................16313
118.40  Revised....................................................16313
118.50  Revised....................................................16313
118.60  Revised....................................................16313
118.95  Revised....................................................16313
118.100  Revised...................................................16313
118.105  Removed...................................................16313
118.110  Added.....................................................16313
118.120  Added.....................................................16313
118.130  Added.....................................................16313
118.140  Added.....................................................16314
118.150  Added.....................................................16314
118.160  Added.....................................................16314

                                  1987

33 CFR
                                                                   52 FR
                                                                    Page
Chapter I
1.07-1--1.07-95 (Subpart 1.07)  Authority citation revised.........17554
1.07-10  (b) revised...............................................17554
1.07-15  (a) revised...............................................17554
1.07-45  Revised...................................................17554
1.07-75  (a) revised...............................................17555
1.07-80  (b) revised...............................................17555
1.07-85  Revised...................................................17555
3.01-1  (b) revised; (h) added.....................................13083
    Effective date correctly added.................................13788
    (f) removed; (g) redesignated as (f)...........................25217
    (h) redesignated as (g) and revised............................33810
3.04-1  (b) revised................................................13083
    Effective date correctly added.................................13788
3.04-3  (b) revised................................................13084
    Effective date correctly added.................................13788
3.05-1  (b) revised................................................13084
    Effective date correctly added.................................13788
3.05-25  Redesignated from 3.15-10.................................13084
    Effective date correctly added.................................13788
3.05-30  Redesignated from 3.15-60.................................13084
    Effective date correctly added.................................13788
3.05-35  Redesignated from 3.15-55.................................13084
    Effective date correctly added.................................13788
3.10-10  Revised....................................................2688
    Effective date corrected........................................4771
3.10-15  Revised....................................................2688
    Effective date corrected........................................4771
3.10-35  Revised....................................................2688
    Effective date corrected........................................4771
3.10-40  Revised....................................................2689
    Effective date corrected........................................4771
3.10-45  Removed....................................................2689
    Effective date corrected........................................4771
3.15-1--3.15-60 (Subpart 3.15)  Heading removed....................13084
    Effective date correctly added.................................13788
3.15-1  Removed....................................................13084
    Effective date correctly added.................................13788
3.15-10  Redesignated as 3.05-25...................................13084
    Effective date correctly added.................................13788
3.15-25  Redesignated as 3.25-05...................................13084

[[Page 546]]

    Effective date correctly added.................................13788
3.15-55  Redesignated as 3.05-35...................................13084
    Effective date correctly added.................................13788
3.15-60  Redesignated as 3.05-30...................................13084
    Effective date correctly added.................................13788
3.25-1  (b) revised................................................13084
    Effective date correctly added.................................13788
    (b) corrected..................................................16480
    (b) revised....................................................25217
3.25-05  Redesignated from 3.15-25.................................13084
    Effective date correctly added.................................13788
3.40-10  (b) revised...............................................35913
3.40-15  (b) revised...............................................35913
3.40-17  Added.....................................................35913
3.40-20  (b) revised...............................................35913
3.55-1  (b) revised................................................13084
    Effective date correctly added.................................13788
3.55-20  Redesignated from 3.60-55.................................13084
    Effective date correctly added.................................13788
3.60-1--3.60-10 (Subpart 3.60)  Removed............................13084
    Effective date correctly added.................................13788
3.60-55  Redesignated as 3.55-20...................................13084
    Effective date correctly added.................................13788
4.02  (b) table amended............................................23653
5  Authority citation revised......................................36760
5.47  Revised......................................................36760
    (b) corrected..................................................37716
5.48  Added........................................................36760
25.103  Revised....................................................25217
25.111  (b) revised................................................25217
25.405  (g) revised................................................25218
47  Removed........................................................25218
60  Removed........................................................42640
62  Revised........................................................42640
62.21  (g) corrected...............................................46351
62.23  (c)(3) corrected............................................46351
62.41  Corrected...................................................46351
62.49  (b) corrected...............................................46351
66  Authority citation revised.....................................42645
66.01-10  Revised..................................................42645
66.05-1  Revised...................................................42645
66.05-20  Revised..................................................42645
66.10-1  Revised...................................................42645
67  Authority citation revised; section authority citations 
        removed....................................................33810
67.50-1  Revised...................................................33810
67.50-35  Revised..................................................37613
72.01-10  (a)(2) revised...........................................25218
80  Authority citation revised.....................................33810
80.01  (c) added...................................................33810
80.155  Redesignated from 80.305...................................25218
80.160  Redesignated from 80.310...................................25218
80.165  Redesignated from 80.315...................................25218
80.170  Added......................................................25218
80.305--80.325  Undesignated center heading removed................25218
80.305  Redesignated as 80.155.....................................25218
80.310  Redesignated as 80.160.....................................25218
80.315  Redesignated as 80.165.....................................25218
80.320  Removed....................................................25218
80.325  Redesignated as 80.503.....................................25218
80.501  Added......................................................25218
80.503  Redesignated from 80.325...................................25218
80.1102  Redesignated from 80.1105.................................25218
80.1104  Redesignated from 80.1110.................................25218
80.1105  Redesignated as 80.1102...................................25218
80.1106  Redesignated from 80.1115.................................25218
80.1108  Redesignated from 80.1120.................................25218
80.1110  Redesignated as 80.1104; new 80.1110 redesignated from 
        80.1125....................................................25218
80.1112  Redesignated from 80.1130.................................25218
80.1114  Redesignated from 80.1135.................................25218
80.1115  Redesignated as 80.1106...................................25218
80.1116  Redesignated from 80.1140.................................25218
80.1118  Redesignated from 80.1145.................................25218
80.1120  Redesignated as 80.1108; new 80.1120 redesignated from 
        80.1150....................................................25218
80.1122  Redesignated from 80.1155.................................25218

[[Page 547]]

80.1124  Redesignated from 80.1160.................................25218
80.1125  Redesignated from 80.1110.................................25218
80.1126  Redesignated from 80.1165.................................25218
80.1130  Redesignated as 80.1112; new 80.1130 redesignated from 
        80.1205....................................................25218
80.1132  Redesignated from 80.1210.................................25218
80.1134  Redesignated from 80.1215.................................25218
80.1135  Redesignated as 80.1114...................................25218
80.1136  Redesignated from 80.1220.................................25218
80.1138  Redesignated from 80.1225.................................25218
80.1140  Redesignated as 80.1116; new 80.1140 redesignated from 
        80.1230....................................................25218
80.1142  Redesignated from 80.1250.................................25218
80.1144  Redesignated from 80.1255.................................25218
80.1145  Redesignated as 80.1118...................................25218
80.1146  Redesignated from 80.1260.................................25218
80.1148  Redesignated from 80.1265.................................25218
80.1150  Redesignated as 80.1120; new 80.1150 redesignated from 
        80.1270....................................................25218
80.1152  Redesignated from 80.1275.................................25218
80.1155  Redesignated as 80.1122...................................25218
80.1160  Redesignated as 80.1124...................................25218
80.1165  Redesignated as 80.1126...................................25218
80.1205--80.1275  Undesignated center heading removed..............25218
80.1205  Redesignated as 80.1130...................................25218
80.1210  Redesignated as 80.1132...................................25218
80.1215  Redesignated as 80.1134...................................25218
80.1220  Redesignated as 80.1136...................................25218
80.1225  Redesignated as 80.1138...................................25218
80.1230  Redesignated as 80.1140...................................25218
80.1250  Redesignated as 80.1142...................................25218
80.1255  Redesignated as 80.1144...................................25218
80.1260  Redesignated as 80.1146...................................25218
80.1265  Redesignated as 80.1148...................................25218
80.1270  Redesignated as 80.1150...................................25218
80.1275  Redesignated as 80.1152...................................25218
95 (Subchapter F and Part)  Added..................................47532
100  Temporary regulations list....................................2112,
13832, 26675, 46351
100.01  (b) added..................................................33811
100.35-1-14  Added (temporary).....................................21516
100.35-109  Added (temporary)......................................30164
100.35-544  Added (temporary)......................................26674
100.35-702  Added (temporary).......................................3798
100.35-0502  Added (temporary).....................................17401
100.35-0901  Added (temporary).....................................19138
100.35-0902  Added (temporary).....................................22307
100.35-0911  Added (temporary).....................................28554
100.35-0913  Added (temporary).....................................23174
100.35-0914  Added (temporary).....................................29517
100.35-0918  Added (temporary).....................................28251
100.35-0921  Added (temporary).....................................32790
100.35-0924  Added (temporary).....................................32791
100.35-0925  Added (temporary).....................................31395
100.35-05068  Added (temporary)....................................31622
100.35-05081  Added (temporary)....................................38756
100.35-T07-61  Added (temporary)...................................43573
100.45  Revised....................................................42645
100.101  Redesignated from 100.304 and (b) revised.................25219
100.102  Redesignated from 100.305 and (b) revised.................25219
100.103  Redesignated from 100.307 and (b) revised.................25219
100.104  Redesignated from 100.308 and (b) revised.................25219
100.201  Added.....................................................18563
100.301  Redesignated as 100.502 and (b) revised...................25218
100.302  Redesignated as 100.503 and (b) revised...................25219
100.303  Redesignated as 100.504 and (b) revised...................25219

[[Page 548]]

100.304  (b) and (c)(6)(i) revised.................................20387
    Redesignated as 100.101 and (b) revised........................25219
100.305  Redesignated as 100.102 and (b) revised...................25219
100.306  Redesignated as 100.505 and (b) revised...................25219
100.307  (b) revised (temporary)....................................9163
    Redesignated as 100.103 and (b) revised........................25219
100.308  Revised (temporary).......................................22309
    Redesignated as 100.104 and (b) revised........................25219
100.501  Added.....................................................19725
100.502  Added (temporary).........................................19858
    Redesignated from 100.301 and (b) revised......................25218
100.503  Redesignated from 100.302 and (b) revised.................25219
100.504  Redesignated from 100.303 and (b) revised.................25219
100.505  Redesignated from 100.306 and (b) revised.................25219
100.1103  Redesignated from 100.1201...............................25219
100.1104  Redesignated from 100.1202...............................25219
100.1201  Redesignated as 100.1103.................................25219
100.1202  (a) and (b) (1) and (2) revised..........................22440
    Redesignated as 100.1104.......................................25219
100.1203  Added....................................................21003
110  Authority citation revised....................................33811
110.1  (d) added...................................................33811
110.6a  Revised.....................................................9829
110.195  (a)(15) revised...........................................37614
110.224  (d)(1) table amended; (e)(1) removed; (e) (2) through 
        (21) redesignated as (e) (1) through (20)..................11646
110.228  Revised...................................................46761
110.238  Revised...................................................25864
    Technical correction...........................................35914
110.239  Added.....................................................26147
117  Authority citation revised....................................18229
117.111  Removed....................................................4771
117.202  Added......................................................5536
117.237  (c) revised...............................................33812
117.261  (ff) revised..............................................11647
    (m) removed....................................................26677
    Heading revised; (qq) added....................................27684
    (c) added......................................................28694
    (bb) revised...................................................42646
    (h) and (i) revised............................................47392
    (o) and (p) added..............................................49406
117.287  (d)(2) revised............................................30671
117.311  Added.....................................................38758
117.317  (k) revised...............................................28693
117.319  (a) revised...............................................42649
117.323  Added......................................................9164
    Correctly added................................................21953
117.353  (b) revised...............................................42647
117.501  (b)(8) through (18) redesignated as (b)(9) through (19); 
        new (b)(8) added............................................3225
117.561  (b) (3) and (4) and (c) revised (temporary)...............18229
    (b) (1) through (4) and (c) revised; introductory text 
republished (temporary)............................................26341
117.572  Added (temporary).........................................42648
117.631  Revised...................................................39520
117.683  Revised....................................................3639
117.733  (h) revised...............................................25374
117.739  (l) revised................................................6973
117.753  Revised (temporary).......................................25373
117.821  (a), (b), and (c) redesignated as (b), (c), and (d); new 
        (a) added; interm..........................................23441
    (c) revised....................................................48263
    (b) removed; (c) and (d) redesignated as (b) and (c)........49010 10
117.822  Revised...................................................46081
117.911  (d) revised...............................................42648
    (f) revised....................................................44107
117.1039  Revised (temporary)......................................47924
117.1051  (d) introductory text revised; (e) added (temporary).....25374
117.1054  Removed....................................................670
122  Removed.......................................................42650

                                  1988

33 CFR
                                                                   53 FR
                                                                    Page
Chapter I
1  Authority citation revised......................................30259
1.01-60  (a) introductory text amended.............................25119
1.01-70  (b) amended...............................................25119
    Revised........................................................30259
1.05-1  (c) introductory text, (i) introductory text, and (j) 
        introductory text amended..................................25119
3.05-20  (b) revised...............................................24935

[[Page 549]]

3.05-25  (b) revised...............................................24935
3.05-30  (b) revised...............................................24935
3.05-35  (b) revised...............................................24935
3.25-05  (a) revised...............................................25119
3.40-15  (b) revised................................................5572
3.40-17  (b) revised................................................5572
3.70-10  (b) and (c) revised.......................................21814
3.70-15  Added.....................................................21815
4.02  Table amended (OMB numbers)...................................3376
    Table revised (OMB numbers)....................................22650
    Table corrected................................................24936
19.06  Heading and (b) introductory text amended...................25119
26.08  (b) introductory text amended...............................25119
54.07  Amended.....................................................25119
67.10-25  (a) introductory text amended............................25119
67.50-10  Heading and (a) revised..................................25119
67.50-40  Removed..................................................25119
81.18  (b) amended.................................................25119
84  Authority citation revised.....................................10533
84.05  (b) revised.................................................10533
89.18  (a) amended.................................................25120
95.005  (a) corrected..............................................13117
95.010  Corrected..................................................13117
95.020  (b) corrected..............................................13117
95.030  (a) corrected..............................................13117
95.035  (a)(2) corrected...........................................13117
100  Temporary regulations list................4016, 13119, 29678, 41162
100.35-01-26  Added (temporary)....................................18977
100.35-01-88  Added (temporary)....................................39274
100.35-0522  Added (temporary).....................................16256
100.35-0526  Added (temporary).....................................17933
100.35-0533  Added (temporary).....................................21999
100.35-0536  Added (temporary).....................................22485
100.35-0537  Added (temporary).....................................22651
100.35-0538  Added (temporary).....................................22652
100.35-0563  Added (temporary).....................................31327
100.35-0564  Added (temporary).....................................31326
100.35-07-18  Added (temporary)....................................24936
100.35-T07-29  Added (temporary)...................................40881
100.35-774  Added (temporary)......................................38717
100.35-8-11  Added (temporary).....................................18976
100.35-8-88-10  Added (temporary)..................................17696
100.35-8-88-12  Added (temporary)..................................24937
100.35-8-88-16  Added (temporary)..................................33126
100.35-0902  Added (temporary).....................................26247
100.35-0904  Added (temporary).....................................18975
100.35-0908  Added (temporary).....................................19906
100.35-0910  Added (temporary).....................................22485
100.35-0919  Added (temporary).....................................26248
100.35-0921  Added (temporary).....................................26771
    Removed........................................................29677
100.35-0927  Added (temporary).....................................29457
100.35-0928  Added (temporary).....................................29458
100.35-11-88-03  Added (temporary).................................21815
100.35-11-88-05  Added (temporary).................................31856
100.102  Implementation (temporary)................................22651
100.103  Implementation (temporary)................................18555
    Correctly designated...........................................22486
100.104  (a), (b), and (c) (1) and (3) revised; (c)(8) 
        redesignated as (c)(9); new (c)(8) added...................17697
    Correctly designated...........................................22484
100.105  Added.....................................................39273
100.304  Temporary regulations.....................................16874
100.501  Implementation (temporary).........................11502, 21998
    (b)(5) added...................................................20320
100.502  Heading, (a) and (b) revised..............................12416
    Implementation (temporary).....................................22484
100.504  Temporary regulation......................................18975
100.507  Added.....................................................21997
    Implementation (temporary).....................................21998
100.508  Added.....................................................35070
    Implementation (temporary).....................................35070
100.509  Added.....................................................29677
100.1202  (a) revised (temporary)..................................23233
110  Authority citation revised.............................16875, 44400
110.60  (z) added..................................................16875
    (y) and (y-1) added............................................44400
110.72aa  Added....................................................20320
110.158  (a) (2), (3), and (6) revised.............................29032
110.195  (a) (21) and (25) revised.................................50404
110.215  Revised.....................................................878

[[Page 550]]

110.224  (d)(1) table amended; (d)(1) table Note 1 added; (e)(16) 
        removed; (e) (15) and (17) through (20) redesignated as 
        (e) (17) through (21); new (e) (15) and (16) added.........17028
    (e)(4) revised; eff. 7-6-88....................................20618
    (e)(2) revised.................................................37557
114.05  (l) amended................................................25120
114.50  Amended....................................................25120
116.15  (a) and (b) amended........................................25120
116.20  (a) and (c) introductory text amended......................25120
117.5  Temporary deviation.........................................12417
117.103  Revised....................................................5165
117.147  (a)(1) added (temporary)...........................36274, 46449
117.187  (b) revised...............................................51099
117.191  (b) amended...............................................25120
117.253  (b) revised................................................9627
117.255  (a) introductory text, (1) and (2) revised (temporary).....6985
    (a) revised (temporary)..................................8849, 29034
    (a) revised (temporary revision of (a) at 53 FR 6985 revoked) 
                                                                   29037
    (a)(1)(iv), (2), and (3) revised (temporary)...................37558
117.261  (b) and (l) revised........................................4019
    (ee) revised...................................................31858
    (pp) revised...................................................32390
117.285  Added.....................................................30261
117.287  (d)(3) added..............................................26249
    (g) revised....................................................48904
    (a-1) and (b) revised..........................................52160
117.317  (b) revised.................................................120
    (d) revised....................................................17465
117.341  Revised....................................................3206
117.353  (c) removed................................................2035
117.371  (a) revised................................................4394
117.415  Revised; eff. 7-25-88.....................................23622
117.422  Redesignated from 117.423.................................27681
117.423  Redesignated as 117.422; new 117.423 added................27681
117.425  Revised....................................................5974
117.451  (d) redesignated as (e); new (d) added....................12417
117.500  Added.....................................................46871
117.525  (a) revised (temporary)...................................29680
117.549  Revised (temporary).......................................36453
117.561  Introductory text, (b) introductory text and (1) through 
        (4), and (c) revised........................................9888
117.569  Revised...................................................16548
117.618  Added.....................................................48905
117.731a  Added......................................................406
117.739  (n) added (temporary).....................................34077
117.751  (b) suspended; (d) added (temporary)......................16875
117.799  (j) added (temporary).....................................10534
117.821  Revised....................................................8752
    (d) added (temporary)..........................................24264
    (b)(6) added...................................................26249
    Temporary deviation............................................48906
    (b)(4) revised.................................................49982
117.899  Revised...................................................38717
117.931  Removed...................................................28883
117.1007  (c) added................................................20321
117.1012  Added (temporary)........................................18283
117.1051  (d)(2) revised...........................................10535

                                  1989

33 CFR
                                                                   54 FR
                                                                    Page
Chapter I
1  Authority citation revised......................................37614
1.07-100  Added....................................................37615
3.45-80  Heading, (a), and (b) amended..............................3777
3.70-10  (b) revised...............................................19166
3.70-15  (b) revised...............................................19166
62  Authority citation revised.....................................48608
62.1  (b) revised..................................................48608
62.21  (a) and (c)(4) revised; (h) added...........................48608
62.25  (b)(1) and (c) nomenclature change..........................48608
62.27  Nomenclature change.........................................48608
62.29  Amended.....................................................48608
62.43  (a) and (e) nomenclature change.............................48608
62.45  (b) (1) and (2) and (d)(5) amended..........................48608
72  Authority citation revised.....................................12612
72.05-1  (b) revised...............................................12612
81  Authority citation revised.....................................38853
    Appendix A amended.............................................38853
100  Temporary regulations list................5432, 21940, 35648, 46889
100.35-01-88  Added (temporary)....................................38991
100.35-0202  Added (temporary).....................................26739
100.35-0203  Added (temporary).....................................26740
100.35-0511  Added (temporary).....................................13063
100.35-0549  Added (temporary).....................................42499
100.35-0551  Added (temporary).....................................31827
100.35-0747  Added (temporary).....................................49281
100.35-0750  Added (temporary).....................................49282

[[Page 551]]

100.35-0751  Added (temporary).....................................49283
100.35-0754  Added (temporary).....................................49283
100.35-0756  Added (temporary).....................................50500
100.35-8-89-09  Added (temporary)..................................24903
100.35-0901  Added (temporary).....................................24902
100.35-0902  Added (temporary).....................................26738
100.35-0904  Added (temporary).....................................33680
100.35-0905  Added (temporary).....................................19168
100.35-0913  Added (temporary).....................................24709
100.35-0915  Added (temporary).....................................26197
100.35-0916  Added (temporary).....................................26737
100.35-0918  Added (temporary).....................................26739
100.35T1302  Added (temporary).....................................33681
100.102  Implementation (temporary)................................20571
100.103  Implementation (temporary).........................16106, 24710
100.104  Implementation (temporary)................................18653
100.106  Added.....................................................32066
100.107  Added (temporary).........................................30038
100.108  Added (temporary).........................................30036
100.109  Added (temporary).........................................30037
100.501  Implementation (temporary)..................................23,
     6519, 13382, 14646, 14647, 18653, 18654, 28814, 41089, 48239, 50235
    (a)(1) corrected................................................6392
100.502  Implementation (temporary)................................32441
    Revised........................................................32442
100.503  Removed...................................................32442
100.507  Implementation (temporary)................................13062
100.508  Implementation............................................35876
100.509  Implementation (temporary)................................27641
100.510  Added.....................................................12191
    Implementation (temporary).....................................34505
100.511  Added.....................................................22438
    Implementation (temporary).....................................32442
100.512  Added.....................................................23474
    Implementation (temporary).....................................23474
100.513  Added.....................................................39730
    Implementation (temporary).....................................39731
100.514  Added.....................................................25850
    Implementation (temporary).....................................25850
100.515  Implementation (temporary)................................30034
    Added..........................................................30035
100.901  Added.....................................................29547
100.1105  Added....................................................39998
    Implementation (temporary).....................................39999
100.1304  Added....................................................19167
110.168  Revised.....................................................605
    (a)(4)(iii), (v), and (c)(1) corrected..........................7190
    (a)(4)(i)(B) correctly designated..............................32419
117  Authority citation revised.......................................25
117.261  (s) and (t) suspended; (rr) and (ss) added (temporary)....10666
    (g) revised (temporary)........................................14648
    (q) revised (temporary)........................................35490
    (j) revised (temporary)........................................15753
117.277  (b) revised...............................................10542
117.295  (a), (b) paragraph designation, and (c) removed...........31828
117.315  (a) revised (temporary).....................................611
    (a) revised; temporary regulation at 54 FR 611 removed..........7033
117.317  (k) revised (temporary)...................................43809
117.327  Revised...................................................13064
117.436  Added.....................................................16107
117.458  Revised...................................................36305
117.501  (a) removed; (b) through (e) redesignated as (a) through 
        (d) and new (a) (6) through (19) redesignated as (a) (10) 
        through (23); new (a) (6) through (9) added; new (d) 
        amended....................................................53056
117.505  (c) removed; (a) and (b) redesignated as (b) and (c); new 
        (a), (d), and (e) added....................................27642
    (c) correctly removed..........................................34769
117.525  (a) revised (temporary)............................26198, 31029
117.531  Undesignated center heading added; revised (temporary)....39732
117.551  Revised (temporary).......................................31028
117.587  Revised (temporary).......................................41964
117.700  Undesignated center heading and section added (temporary)
                                                                   39732
117.727  Existing text designated as (a) and suspended; eff. to 3-
        1-90; (b) added (temporary)................................50501
117.736  Existing text designated as (a) and suspended; (b) added; 
        eff. to 6-30-90; (temporary)...............................51398

[[Page 552]]

117.753  Revised......................................................25
117.771  Revised...................................................18282
117.821  (b)(7) added (temporary)...................................1174
117.823  (a) revised................................................3778
117.838  Added......................................................4280
    Technical correction...........................................38992
117.843  (a) revised................................................1361
117.851  (a), (c), and (d) revised.................................41965
117.879  Revised....................................................3448
117.996  Added (temporary); eff. to 12-31-89.......................30890
    Revised (temporary); eff. to 12-31-89..........................38992
117.1005  Removed..................................................31030
117.1007  (a) removed; (b) and (c) redesignated as (a) and (b).....30039
117.1051  (d) introductory text revised; (e) added (temporary)....24556, 
                                                                   38672
    (d) introductory text and (e) revised..........................52798

                                  1990

33 CFR
                                                                   55 FR
                                                                    Page
Chapter I
1.25-40  (c) and Table 1.25-40(c) removed..........................23930
1.25-50  Removed...................................................23930
3.85-15  (b) revised...............................................52047
3.85-20  (b) revised...............................................52047
4.02  Table amended................................................27226
52  Revised........................................................31045
80  Authority citation revised.....................................31831
80.703  (b) revised................................................31831
80.735  (c) revised................................................31831
80.815  (g) revised................................................31831
    (g) corrected..................................................33577
80.825  (a) through (c) revised....................................31831
80.1370  Revised...................................................31831
80.1460  Revised...................................................31832
84.03  (i) introductory text republished; (i)(2) revised............3947
84.19  (a) introductory text and (b) introductory text revised......3947
87  Authority citation revised......................................3947
87.1  (o) redesignated as (p) and republished; new (o) added........3947
87.5  Introductory text revised.....................................3947
89  Alternative compliance certificates............................52841
100  Temporary regulations list................1584, 13134, 29574, 41077
100.35-01-02T  Added (temporary)...................................26684
100.35-01-03T  Added (temporary)...................................39617
100.35-01-05T  Added (temporary)...................................47326
100.35-076  Added (temporary)......................................12482
100.35-0203  Added (temporary).....................................22025
100.35-0204  Added (temporary).....................................26434
100.35-0513  Added.................................................11586
100.35-0514  Added (temporary).....................................14417
100.35-0519  Added (temporary).....................................19737
100.35-0520  Added (temporary).....................................19628
100.35-0527  Added (temporary).....................................24080
100.35-0528  Added (temporary).....................................24079
100.35-0530  Added (temporary).....................................25304
100.35-0531  Added (temporary).....................................26433
100.35-0532  Added (temporary).....................................25305
100.35-0533  Added (temporary).....................................25304
100.35-0537  Added (temporary).....................................28617
100.35-0541  Added (temporary).....................................28619
100.35-0545  Added (temporary).....................................28618
100.35-0549  Added (temporary).....................................30455
100.35-0550  Added (temporary).....................................33118
100.35-0552  Added (temporary).....................................33117
100.35-0558  Added (temporary).....................................34259
100.35-0560  Added (temporary).....................................35141
100.35-0562  Added (temporary).....................................34908
100.35-0570  Added (temporary).....................................37877
100.35-0571  Added (temporary).....................................39961
100.35-0706  Added (temporary).....................................34711
    Added (temporary)..............................................38055
100.35-0734  Added (temporary).....................................18601
100.35-0739  Added (temporary).....................................38054
100.35T07-88  Added (temporary)....................................41076
100.35-0790  Added (temporary).....................................14418
100.35-T0796  Added (temporary)....................................42957
100.35-T07122  Added (temporary)...................................52047
100.35-0901  Added (temporary).....................................21867
100.35-0904  Added (temporary).....................................27821
100.35-0903  Added (temporary).....................................26435
100.35-0907  Added (temporary).....................................17608
100.35-0908  Added (temporary).....................................21540
100.35-0909  Added (temporary).....................................21541
100.35-0911  Added (temporary).....................................21868
100.35-0912  Added (temporary).....................................21866
100.35-0913  Added (temporary).....................................21539
100.35-0914  Added (temporary).....................................23200

[[Page 553]]

100.35-0915  Added (temporary).....................................26436
100.35-0916  Added (temporary).....................................29573
100.35-5108  Added (temporary).......................................153
100.35-8-90-04  Added (temporary)..................................17750
100.35-8-90-11  Added (temporary)..................................23201
100.35-T86  Added (temporary)......................................52842
100.35T1301  Added (temporary).....................................17969
100.35T1303  Added (temporary).....................................19881
100.103  (b) revised (temporary)...................................28758
100.105  Implementation (temporary)................................41076
100.106  (a) and (c) revised (temporary)...........................31578
100.108  Implementation (temporary)................................25306
100.109  (a), (b)(1)(ii), and (c) revised (temporary)..............28759
100.201  Revised; eff. 7-16-90.....................................24229
100.501  Implementation (temporary)................................9120,
11181, 11585, 19065, 20262, 21865, 26437, 33116, 48231, 51101
100.502  Implementation (temporary)................................28616
100.504  Implementation (temporary)................................26434
100.507  Implementation (temporary).................................9725
100.508  Implementation (temporary)................................34259
100.509  Implementation (temporary)................................26436
100.510  Implementation (temporary)................................34711
100.511  Implementation (temporary)...................7711, 25306, 28758
100.512  Implementation (temporary).................................9725
100.514  Implementation (temporary)................................22026
100.1105  (b)(2) amended (temporary)...............................39618
100.1305  Added....................................................32624
110.60  (aa) added.................................................40383
110.129a  Revised..................................................27465
110.155  (j)(3) removed............................................40383
110.158  (a)(8) revised............................................32243
110.197  Revised...................................................11369
110.214  (a)(4) revised..............................................154
110.238  (a) revised...............................................27465
117.133  Revised...................................................12820
117.175  (a)(1) added (temporary)..................................23202
117.211  (b)(1) suspended; (b)(3) and (4) added (temporary)........33534
117.255  (a)(1) and (2) revised; (a)(3) through (7) added 
        (temporary).........................................31385, 39962
    Temporary drawbridge operation regulations.....................39963
117.261  (s) and (t) revised (temporary)............................3948
    (qq) revised (temporary)........................................5845
    (i) removed.....................................................6638
    (g) removed....................................................11587
    (aa-1) added (temporary).......................................18876
    (q) revised....................................................30689
    (aa-1) added...................................................34556
    (n) revised....................................................38056
    (k) revised....................................................39619
    (s), (t) and (qq) revised......................................42371
117.293  Suspended (temporary)......................................5599
    Removed........................................................39964
117.317  (k) revised...............................................42372
    (j) revised....................................................48232
117.325  (a) suspended; (c) added (temporary)......................35142
    (a) revised (temporary)........................................42373
    (a) revised....................................................47753
117.433  Revised...................................................33534
117.451  (b) revised...............................................33692
117.460  Revised...................................................33289
117.465  (d) revised; (e) removed..................................29576
117.467  (a) revised........................................12819, 13522
117.525  Revised...................................................11182
117.531  Revised...................................................13276
    (c) introductory text republished; (c)(2) suspended; (c)(3) 
added (temporary)..................................................29575
    (c)(1) and (2) suspended to 10-31-90; (c)(3) added (temporary)
                                                                   42186
117.553  Existing text designated as (b); (a) added................35622
117.571  Revised....................................................4604
117.598  Added.....................................................20263
117.700  Added.....................................................13276
    (c) introductory text republished; (c)(2) suspended; (c)(3) 
added (temporary)..................................................29575
    (c)(1) and (2) suspended to 10-31-90; (c)(3) added (temporary)
                                                                   42186

[[Page 554]]

117.769  Added.....................................................35622
117.777  Removed...................................................37710
117.781  Revised...................................................37710
117.801  Revised...................................................37711
117.853  (b) removed...............................................10769
117.911  (d) revised (temporary)...................................17609
    (d) revised (temporary)........................................39965
    (e) revised; eff. 7-16-90......................................24231
117.955  Revised....................................................2066
117.989  Revised....................................................2066
117.996  Added (temporary); eff. to 6-15-90.........................3055
117.1007  (c) added................................................23435
117.T996  Added (temporary)........................................48233

                                  1991

33 CFR
                                                                   56 FR
                                                                    Page
Chapter I
1  Technical correction............................................41392
1.30-1--1.30-40 (Subpart 1.30)  Added; eff. 7-31-91................30252
    (d)(1) correctly revised.......................................43701
3.85-15  Technical correction.......................................9289
3.85-20  (b) corrected..............................................2134
    Technical correction............................................9289
53  Added..........................................................13405
88  Authority citation revised.....................................33385
88.11  (a) revised.................................................33385
88.12  Added.......................................................33386
100  Temporary regulations list...............................784, 14197
    Temporary regulations list..............................33708, 51980
100.35-T0515  Added (temporary)....................................23517
100.35-T0517  Added (temporary)....................................23226
100.35-T0524  Added (temporary)....................................24346
100.35-T06  Added (temporary).......................................9851
100.35-T07-11  Added (temporary)....................................9850
100.35-T07-12  Added (temporary)....................................9851
100.35 T8-91-07  Added (temporary).................................14025
100.35-T8-91-09  Added (temporary).................................16008
100.35-T0538  Added (temporary)....................................42940
100.35-T0547  Added (temporary)....................................51332
100.35-T0728  Added (temporary)....................................42941
100.35-T0901  Added (temporary)....................................31086
100.35-T0902  Added (temporary)....................................26330
100.35-T0904  Added (temporary)....................................18730
100.35-T0905  Added (temporary)....................................19039
100.35-T0906  Added (temporary)....................................31073
100.35-T0907  Added (temporary)....................................26333
100.35-T0908  Added (temporary)....................................26331
100.35-T0909  Added (temporary)....................................26334
100.35-T0910  Added (temporary)....................................26335
100.35-T0911  Added (temporary)....................................26332
100.35-T0912  Added (temporary)....................................26765
100.35-T0913  Added (temporary)....................................31872
100.35-T0914  Added (temporary)....................................31875
100.35-T0915  Added (temporary)....................................31874
100.35-T0916  Added (temporary)....................................34022
100.35-T0918  Added (temporary)....................................11101
100.35-T9108  Added (temporary)....................................40553
100.35T9110  Added (temporary).....................................25043
100.35-T9151  Added (temporary)....................................24721
100.35-T1052  Added (temporary)....................................26333
100.35-T1074  Added (temporary)....................................50656
100.35.T1095  Added (temporary)....................................48105
100.35-T1101  Added (temporary)....................................13760
100.102  Implementation (temporary)................................29898
100.103  (b) revised (temporary)...................................24010
100.104  Implementation (temporary)................................21600

[[Page 555]]

100.105  Implementation (temporary)................................48735
100.109  Implementation (temporary)................................29899
100.501  Implementation (temporary)..................24345, 29897, 29898
    Implementation (temporary).........29897, 29898, 42687, 60062, 66788
100.502  Implementation (temporary)................................33707
    Implementation at 56 FR 33707 canceled.........................46376
100.504  Implementation (temporary)................................33708
100.507  Implementation (temporary)................................23224
100.509  Implementation (temporary)................................30507
100.510  Implementation (temporary)................................33707
100.511  Implementation (temporary).........................11511, 29897
    Implementation (temporary)..............................29897, 33708
100.512  Implementation (temporary)................................24345
100.514  Implementation (temporary).........................29435, 29898
100.1103  Revised..................................................18514
100.1105  Implementation (temporary)...............................47911
    (b)(2) amended; interim........................................51332
110.8  (h) added...................................................12120
110.128d  Heading and (c) revised..................................13762
110.133  Added.....................................................12120
110.140  (b)(1) and (2) amended; (b)(3) through (10) added.........22644
    (b)(3) corrected...............................................40360
110.155  (d)(13) introductory text and (14) introductory text 
        revised; (d)(13)(v) and (14)(iii) added....................23226
110.210  Revised....................................................9852
117.175  (a)(1) added (temporary)..................................21301
117.189  (d) added (temporary).....................................21302
117.209  (a) and (b) suspended; (c) added (temporary)...............7303
117.211  (b)(1) suspended; (b)(3) and (4) added (temporary)........28709
117.221  (b)(1) and (2) suspended; (b)(3) added (temporary).........8712
117.225  (a)(2) revised (temporary)................................59881
117.255  (a)(1) and (2) revised; (a)(3) through (7) added 
        (temporary)..................................................636
    (a)(1) and (2) revised; (a)(3) through (7) added (temporary) 
                                                                   13286
    (a)(2) revised (temporary).......................25370, 35817, 49145
117.261  (pp) removed..............................................27692
117.273  (a) revised................................................4176
117.285  Existing text designated as (b); (a) added.................6277
117.287  (e) revised...............................................38073
    (e) corrected..................................................43649
117.371  (c) revised...............................................16008
117.415  (b) revised...............................................16009
117.444  Added.....................................................43874
117.506  Revised...................................................16010
117.561  Revised (temporary).......................................20351
    Corrected (temporary)..........................................23518
    Revised (temporary)............................................30334
117.587  Revised...................................................24722
117.588  Added.....................................................41460
117.595  (a) and (b) suspended; (c) through (e) added (temporary) 
                                                                   26910
    Revised........................................................57491
117.611  Revised...................................................41461
117.618  Revised...................................................60064
117.619  Revised...................................................41461
117.620  Added.....................................................41462
117.627  Revised...................................................37474
117.667  Revised...................................................21303
117.679  Removed...................................................57287
117.822  (a) revised; (c) added (temporary)........................54789
117.827  Removed...................................................36099
117.867  Removed...................................................67528
117.881  (b) removed...............................................67528
117.885  Removed...................................................67528
117.891  Removed...................................................67528
117.893  (a) revised...............................................66599
117.899  Revised...................................................49706
117.911  (b) revised................................................1491
    (d) revised (temporary)........................................16274
    (d) revised (temporary)........................................57288
117.938  Added......................................................1491
117.963  Revised.....................................................488
117.968  Revised...................................................14644
117.997  (e) added (temporary) effective to 7-31-91................26766
    (e) added......................................................49411
117.1037  Revised..................................................23518
117.1039  Removed..................................................67528
117.1041  (a)(1) revised; (b)(1) removed...........................10513

[[Page 556]]

    (b)(1) added...................................................41284
117.1099  Revised..................................................21304
117  Appendix A amended.....................................57492, 60064

                                  1992

33 CFR
                                                                   57 FR
                                                                    Page
Chapter I
1  Interpretation..................................................48319
3.40-15  (c) added; eff. 8-28-92 to 9-9-92.........................39614
    Regulation at 57 FR 39614 effective date corrected.............42699
3.40-17  (b) revised; eff. 8-28-92 to 9-9-92.......................39614
    Regulation at 57 FR 39614 effective date corrected.............42699
3.40-20  (c) added; eff. 8-28-92 to 9-9-92.........................39614
    Regulation at 57 FR 39614 effective date corrected.............42699
24  Removed........................................................60728
26  Authority citation revised.....................................14485
26.03  Revised; eff. 8-19-92.......................................14485
    (c) corrected..................................................21740
26.04  Note removed; (d) added; eff. 8-19-92.......................14486
    (d) corrected..................................................21741
26.09  (b) amended; eff. 8-19-92...................................14486
64  Authority citation revised.....................................43402
64.01-1--64.01-6 (Subpart 64.01)  Redesignated as 64.01--64.06 
        (Subpart A)................................................43402
64.01-1  Redesignated as 64.01.....................................43402
64.01-3  Redesignated as 64.03.....................................43402
64.01-6  Redesignated as 64.06 and amended.........................43402
64.01--64.06 (Subpart A)  Redesignated from 64.01-1--64.01-6 
        (Subpart 64.01)............................................43402
64.01  Redesignated from 64.01-1...................................43402
64.03  Redesignated from 64.01-3...................................43402
64.06  Redesignated from 64.01-6 and amended.......................43402
64.10-1--64.10-6 (Subpart 64.10)  Redesignated as 64.11--64.16 
        (Subpart B)................................................43402
64.10-1  Redesignated as 64.11; (a) revised; (d) added.............43402
64.10-3  Redesignated as 64.13.....................................43402
64.10-6  Redesignated as 64.16.....................................43402
64.11--64.16 (Subpart B)  Redesignated from 64.10-1--64.10-6 
        (Subpart 64.10)............................................43402
64.11  Redesignated from 64.10-1; (a) revised; (d) added...........43402
64.13  Redesignated from 64.10-3...................................43402
64.16  Redesignated from 64.10-6...................................43402
64.20-1--64.20-3 (Subpart 64.20)  Redesignated as 64.21--64.23 
        (Subpart C)................................................43402
64.20-1  Redesignated as 64.21.....................................43402
64.20-3  Redesignated as 64.23.....................................43402
64.21--64.23 (Subpart C)  Redesignated from 64.20-1--64.20-3 
        (Subpart 64.20)............................................43402
64.21  Redesignated from 64.20-1...................................43402
64.23  Redesignated from 64.20-3...................................43402
64.30-1--64.30-3 (Subpart 64.30)  Redesignated as 64.31--64.33 
        (Subpart D)................................................43402
64.30-1  Redesignated as 64.31.....................................43402
64.30-3  Redesignated as 64.33.....................................43402
64.31--64.33 (Subpart D)  Redesignated from 64.30-1--64.30-3 
        (Subpart 64.30)............................................43402
64.31  Redesignated from 64.30-1...................................43402
    Revised........................................................43403
64.33  Redesignated from 64.30-3...................................43402
81  Appendix A amended.............................................29219
95.055  Revised....................................................33261
100  Temporary regulations list..............................2020, 19086
    Temporary regulations list..............................30644, 47766
100.T01-001  Added (temporary).....................................40125
100.T01-103  Added (temporary).....................................38607
100.T01-165-1  Added (temporary)...................................27174
100.T01-165-2  Added (temporary)...................................27174
100.35-05  Added (temporary)........................................8419
100.35-07-119  Added (temporary)...................................60127
100.35T01-057  Added (temporary)...................................38284
100.35T01-079  Added (temporary)...................................30642

[[Page 557]]

100.35T01-158  Added (temporary)...................................27684
100.35T01-159  Added (temporary)...................................27693
100.35-T0205  Added (temporary)....................................39359
    (a) corrected..................................................45570
100.35-T0207  Added (temporary)....................................39117
100.35-T0213  Added (temporary)....................................39116
100.35-T0216  Added (temporary)....................................41420
100.35-T0223  Added (temporary)....................................46300
100.35-T0511  Added (temporary)....................................20055
100.35-T0523  Added (temporary)....................................27681
100.35-T0557  Added (temporary)....................................40610
100.35-T0560  Added (temporary)....................................40611
100.35-T0564  Added (temporary)....................................44688
100.35-T0731  Added (temporary)....................................19086
100.35-T0749  Added (temporary)....................................23303
100.35-T0822  Added (temporary)....................................37711
100.35-T0902  Added (temporary)....................................20404
100.35-T0903  Added (temporary)....................................21741
100.35-T0905  Added (temporary)....................................23534
100.35-T0906  Added (temporary)....................................21212
100.35-T0910  Added (temporary)....................................27679
100.35-T0911  Added (temporary)....................................27680
100.35-T0912  Added (temporary)....................................27678
100.35-T0913  Added (temporary)....................................30644
100.35-T0916  Added (temporary)....................................34075
100.35-T0918  Added (temporary)....................................41419
100.35-T0919  Added (temporary)....................................39118
100.35-T1104  Added (temporary)....................................14640
100.102  Implementation (temporary)................................29020
100.103  (b) revised (temporary)...................................30403
100.104  Implementation (temporary)................................23955
100.105  Implementation (temporary)................................46301
100.108  Implementation (temporary)................................24951
100.109  Implementation (temporary)................................23533
100.201  (a) and Table one revised.................................21211
100.501  Implementation (temporary).........................23533, 27680
    Implementation (temporary)..............................30643, 58144
100.502  Implementation (temporary)................................33444
100.504  Implementation (temporary)................................30643
100.507  Implementation (temporary)................................26606
100.509  Implementation (temporary).........................45985, 60996
100.511  Implementation (temporary)................................11577
    Implementation (temporary).....................................33444
100.512  Implementation (temporary)................................23303
    Implementation (temporary).....................................44687
100.513  Implementation (temporary)................................33445
100.716  Added; eff. 7-6-92........................................23302
105 (Subchapter H)  Subchapter and part removed....................60728
110.134  (a)(1), (2) and (b) revised; (a)(6) through (22) and (c) 
        added; effective 7-4-92 to 7-16-92.........................27174
110.155  (c)(5), (d)(7), (8), (9) and (m)(2) suspended; Notes 1 
        and 2, (c)(1)(ii), (2)(ii), (3)(ii), (4)(ii), 
        (d)(11)(iii), (12)(iii), (13)(vi), (14)(iv), (15)(iii), 
        (e)(1)(iii), (iv) and (f)(4) added; (d)(1) through (5), 
        (10)(i) and (16) introductory text revised; (f)(1) 
        introductory text and (n)(1) amended (temporary)...........27693
110.224  (d)(1) table amended......................................11578
110.T01-160  Added (temporary).....................................27695

[[Page 558]]

117  Temporary drawbridge operation regulations....................38778
    Authority citation revised.....................................54178
117.123  (b) redesignated as (c); (a) introductory text and new 
        (c) introductory text revised; new (b) added................1392
117.175  (a) revised; eff. 5-1-92 to 10-31-92......................14644
117.189  (d) added; eff. 5-1-92 to 10-31-92........................13322
117.205  (c) added; eff. 5-29-92 through 10-31-92..................24191
117.221  (c) revised (temporary)...................................58146
117.255  (a)(2) revised (temporary).................................3009
    (a)(2) revised; (a)(3) and (4) added (temporary)................9387
    (a)(2), (3) and (4) revised; (a)(5) added; interim; eff. 5-27-
92 through 12-31-92................................................22174
    Revised........................................................54178
117.261  (gg) removed..............................................11579
    (hh) revised...................................................30647
    (r) added......................................................37882
117.275  Removed...................................................39615
117.287  (d)(3) revised; eff. 8-14-92..............................29021
    (d)(3) redesignated as (d)(4); new (d)(3) added................39360
    (a-1) redesignated as (a-2); new (a-1) added...................41874
    (c), (d)(1) and (2) revised; eff. 12-1-92 to 1-31-93...........57099
117.303  Revised...................................................58711
117.311  Revised; eff. 12-1-92 to 1-31-93..........................57099
117.359  Revised...................................................37880
117.373  Revised...................................................37880
117.385  Revised...................................................38608
117.403  Revised...................................................37880
117.407  Revised...................................................37880
117.415  (c) revised................................................2841
117.439  Revised...................................................46302
117.451  (c) revised; (d) and (e) redesignated as (e) and (f); new 
        (d) added (temporary)......................................46302
117.478  Revised...................................................57962
117.488  Revised...................................................34868
117.491  Revised...................................................37880
117.525  (a)(2) revised; eff. 7-8-92...............................24190
117.545  Removed....................................................7879
117.573  Revised...................................................14643
117.591  Revised...................................................30405
117.680  Added.....................................................38609
117.684  Revised...................................................37880
117.685  Redesignated as 117.686; new 117.685 added; eff. 7-22-92 
                                                                   27696
117.686  Redesignated from 117.685; eff. 7-22-92...................27696
117.700  Revised...................................................37880
117.703  Revised...................................................22175
117.822  (a) revised................................................6678
    Regulation at 57 FR 6678 effective date corrected..............29120
117.837  Revised...................................................11580
117.838  Removed....................................................7655
117.897  (a)(1)(ii) suspended; (a)(5) added; eff. 9-13-92 through 
        11-11-92...................................................39119
    (a)(5) corrected...............................................46301
117.904  Revised...................................................37880
117.911  (d) revised; eff. 4-1-92 through 5-29-92..................12877
    (d) revised....................................................57963
117.937  Revised...................................................37880
117.981  Revised...................................................37880
117.997  (d) and (e) redesignated as (e) and (f); new (d) added....46506
117.1017  Removed..................................................13645
117.1019  Removed..................................................13645
117.1035  Revised..................................................37712
117.1049  (d) removed; (a) and (c) revised; eff. 9-21-92 through 
        9-1-93.....................................................37881
117.1099  Revised..................................................37880
117.1103  Revised..................................................37880
117  Appendix A amended............................................30405

                                  1993

33 CFR
                                                                   58 FR
                                                                    Page
Chapter I
1  Technical correction............................................15901
1.07-1--1.07-100 (Subpart 1.07)  Regulations at 43 FR 54186, 50 FR 
        23689, 51 FR 19329, 52 FR 17554 and 17555 and 54 FR 37615 
        confirmed..................................................65667
1.25-1--1.25-80 (Subpart 1.25)  Heading and authority citation 
        revised....................................................15236
1.25-40  (a) designation, (b) and table removed....................15236
1.30-1  (a) through (d) introductory text revised; interim..........8885
1.30-10  Revised; interim...........................................8885

[[Page 559]]

2  Authority citation revised......................................51726
2.05-35  Added.....................................................51726
3.01-1  (f) amended................................................51726
3.05-10  (b) revised...............................................51727
3.05-15  (b) revised...............................................51727
3.05-20  (b) revised...............................................51727
3.05-25  Revised...................................................51727
3.05-30  Revised...................................................51727
3.05-35  (b) revised...............................................51727
3.10-10  (b) revised...............................................51728
3.25-05  (b) revised...............................................51728
3.25-10  (b) revised...............................................51728
    (b) corrected..................................................67909
3.25-15  (b) revised...............................................51728
3.25-20  (b) revised...............................................51728
3.35-10  (b) revised...............................................51729
3.35-15  (b) revised...............................................51729
3.35-20  (b) revised...............................................51729
3.35-25  (b) revised...............................................51729
3.35-30  (b) revised...............................................51729
3.35-35  (b) revised...............................................51729
3.40-10  (b) revised...............................................51729
3.40-15  (b) revised...............................................51730
3.40-17  (b) revised...............................................51730
3.40-20  (b) revised...............................................51730
3.40-25  (b) revised................................................6716
3.40-30  (b) revised................................................6717
    revised........................................................51730
3.40-35  (b) revised...............................................51730
3.55-10  (b) revised...............................................51731
3.55-15  (b) revised...............................................51731
    (b) correctly revised..........................................59364
3.55-20  Revised...................................................51731
3.65-10  (b) revised...............................................51731
3.65-15  (b) revised...............................................51731
3.70-10  (b) and (c) revised; (d) added............................51731
3.70-15  Revised...................................................51731
3.85-10  (b) revised...............................................51732
3.85-15  (b) revised...............................................51732
3.85-20  (b) revised...............................................51732
20  Added; interim.................................................17931
66.01-10  (b) revised..............................................64153
80.750  (a) revised................................................65668
80.753  (a) revised................................................65668
89.25  Revised; eff. 7-9-93........................................27625
89.27  Added; eff. 7-9-93..........................................27625
100  Temporary regulations list..............................8544, 29105
    Temporary regulations list..............................46078, 59948
100.35T01-041  Added...............................................33336
100.35T01-76  Added (temporary)....................................40359
100.35-T0179  Added (temporary)....................................29971
100.35-T0207  Added (temporary)....................................30986
100.35-T0209  Added (temporary)....................................39144
100.35-T0213  Added (temporary)....................................33334
100.35T0215  Added (temporary).....................................33336
100.35-T0216  Added (temporary)....................................38301
100.35-T0220  Added (temporary)....................................38300
100.35-T0231  Added (temporary)....................................52440
100.35-T02033  Added (temporary)...................................59171
100.35-T0511  Added (temporary)....................................19352
100.35-T0513  Added (temporary)....................................17525
100.35-T0520  Added (temporary)....................................29970
100.35-0522  Added (temporary).....................................30985
100.35-T0558  Added (temporary)....................................41429
100.35-T0706  Added (temporary)....................................13214
100.35-0707  Added (temporary).....................................16122
100.35-T0716  Added (temporary)....................................18009
100.35-T0718  Added (temporary)....................................18010
100.35-T0720  Added (temporary)....................................28353
100.35-T0728  Added (temporary)....................................25558
100.35-T0731  Added (temporary)....................................28923
100.35-T0732  Added (temporary)....................................28922
100.35T0741  Added (temporary).....................................32292
100.35-T0772  Added (temporary)....................................38298
100.35-T07-103  Added (temporary)..................................57742
100.35-T0963  Added (temporary)....................................25559
100.35-T0964  Added (temporary)....................................28924
100.35-T0967  Added (temporary)....................................29972
100.101  (b) revised (temporary)...................................29969

[[Page 560]]

100.102  Implementation (temporary)................................29968
100.103  Implementation (temporary)................................36355
100.105  (b)(2) and (c) revised (temporary)........................50261
100.108  (c) revised (temporary)...................................33024
100.109  Removed...................................................38302
100.201  (a), (c) and Table One revised; (d) added.................26428
100.501  Implementation (temporary).........................30985, 33444
    Implementation (temporary).......................38054, 62035, 66279
100.502  Implementation (temporary)................................38053
100.504  Implementation (temporary)................................38053
100.505  Revised...................................................38302
100.507  Implementation (temporary).................................7492
100.508  Implementation (temporary)................................38053
100.509  Implementation (temporary)................................34222
100.511  Implementation (temporary).................................9118
100.518  Added.....................................................57741
100.519  Added.....................................................16357
100.523  Added......................................................9119
100.710  Added.....................................................38055
100.901  Table 1 revised...........................................40738
100.1105  Implementation (temporary)...............................50261
    (b)(2) amended.................................................51242
110.8  (i) added...................................................21104
110.60  (o-3) added................................................21105
110.78  Note added..................................................9543
110.84a  Removed...................................................65286
110.86  Removed....................................................12540
    Added; interim.................................................40740
110.155  (c)(4) removed............................................21105
110.186  Added.....................................................36356
117  Temporary drawbridge operation regulations.............27933, 33191
    Temporary drawbridge operation regulations......38056, 39145, 42856, 
                                       47067, 47068, 54289, 62532, 65668
117.31  Revised.......................................................20
117.43  Revised....................................................46081
117.175  (a) revised; eff. 7-19-93.................................33339
117.185  Revised (temporary).......................................33338
117.247  Removed...................................................16500
117.261  (ee) revised...............................................6718
    (x) revised; eff. 7-9-93.......................................32293
117.272  Added.....................................................39146
117.285  Revised; eff. 7-6-93......................................31474
117.287  (c) revised...............................................15419
    (d)(1) revised.................................................25561
    (d)(2) revised.................................................29537
    (d)(3) removed.................................................36357
    (b-1) revised; eff. 1-1-94 to 1-30-94..........................60555
    (d)(1) and (2) revised; eff. 1-1-94 to 1-30-94.................60556
117.291  (a) revised; (c) removed..................................15420
117.301  Removed...................................................36357
117.311  Revised...................................................15422
117.317  (k) revised...............................................15421
    (j) removed; (k) redesignated as (j)...........................36357
117.321  Removed...................................................36357
117.451  (c) revised; (d) and (e) redesignated as (e) and (f); new 
        (d) added..................................................12540
117.465  (c) revised; (d) redesignated as (e); new (d) added.......11193
117.501  (c) revised...............................................43264
117.505  (a) revised...............................................29973
117.637  Revised...................................................52442
117.723  Revised...................................................39148
117.739  (a)(5) added; (a)(3), (4) and (e) revised.................39149
117.745  Revised...................................................40591
117.793  Revised...................................................42859
117.839  Removed...................................................39146
117.899  Revised...................................................44613
117.997  (a) revised...............................................16124
117.1047  (e) removed..............................................44613
117  appendix A amended.....................................39149, 42859

                                  1994

33 CFR
                                                                   59 FR
                                                                    Page
Chapter I
1.01-1--1.01-70 (Subpart 1.01)  Authority citation revised.........66484
1.01-30  (b) added.................................................36321
    Revised........................................................66484
1.01-70  (d)(2) revised; (d)(3) added..............................66484
1.01-80  Added.....................................................66484
1.01-85  Added.....................................................66485
1.01-90  Added.....................................................66485

[[Page 561]]

1.07-1--1.07-100 (Subpart 1.07)  Authority citation revised........66485
1.07-5  Revised; interim...........................................16560
1.07-10  (a) revised; interim......................................16560
1.07-11  Added; interim............................................16560
    Revised........................................................66482
1.30-1  Revised....................................................12549
    Regulation  at 58 FR 8885 confirmed; (e)(3) removed............22130
1.30-10  Regulation at 58 FR 8885 confirmed........................22130
3.25-20  (b)  correctly revised......................................948
3.65-15  (b)  corrected..............................................948
3.70-10  (c)(8)  correctly added.....................................948
4.02  amended......................................................34227
20  Revised........................................................15022
20.202  (j) corrected..............................................45757
20.203  (b) corrected..............................................45757
20.206  Heading corrected..........................................45757
20.311  (a)(2) and (e) designation corrected.......................45757
20.805  (a) corrected..............................................45757
20.903  Heading corrected..........................................45757
20.1003  Heading corrected.........................................45757
26  Authority citation revised..............................36322, 39963
26.02  Amended.....................................................36322
26.03  (f) added...................................................36322
26.04  (e) added...................................................36323
26.05  Revised.....................................................39963
26.07  Revised.....................................................36323
100  Temporary  regulations list.............................5950, 30523
    Technical  correction..........................................30832
    Temporary regulations lists.............................39456, 56393
100.35-T01070  Added (temporary)...................................32651
100.35-T02029  Added (temporary)...................................31531
100.35-T02-035  Added (temporary)....................................674
100.35-T02047  Added (temporary)...................................38566
100.35T07-009  Added (temporary)...................................13457
100.35T07033  Added (temporary)....................................16561
100.35T07034  Added (temporary)....................................16562
100.35T07-049  Added (temporary)...................................21930
100.35-T0906  Added (temporary)....................................28776
100.35-T0907  Added (temporary)....................................27461
100.35-T09011  Added (temporary)...................................31529
100.35-T09013  Added (temporary)...................................31530
100.35-T09016  Added (temporary)...................................33675
100.35-T09018  Added (temporary)...................................37694
100.35-T09022  Added (temporary)...................................40819
100.35-T09026  Added (temporary)...................................42757
100.35-T11001  Added (temporary)...................................51501
100.35-T11002  Added (temporary)............................51501, 51504
100.35-T11-003  Added (temporary)..................................64851
100.101  (b) revised (temporary)...................................26427
100.103  Implementation  (temporary)...............................26426
100.105  (b)(2) revised............................................49821
100.108  Implementation (temporary)................................26426
100.501  Implementation  (temporary)..........10749, 24942, 26119, 26120
    Implementation (temporary).....................................55583
100.504  Implementation  (temporary)...............................33433
100.505  Implementation  (temporary)...............................21931
100.507  Implementation (temporary)................................24942
100.508  Implementation (temporary)................................39456
100.509  Implementation (temporary)................................33434
100.513  Implementation (temporary)................................39456
100.517  Added.....................................................47539
100.518  Implementation  (temporary)...............................26120
100.519  Implementation (temporary)................................33433
100.520  Added......................................................5323
100.523  Implementation (temporary).................................4583
110  Authority citation revised....................................39965
110.157  (c)(1) and (7) amended....................................39965
110.168  Heading, (b)(2), (c)(1), (d)(1) through (5), (7), (8), 
        (f)(4)(iv) and (v) revised; (f)(6) amended.................39965

[[Page 562]]

110.195  (a)(7), (11), (13) and (15) revised.......................13458
110.214  (a)(7)(iii) added..........................................5952
    Heading revised; (b)(12) and note amended......................39965
110.224  (a)(15) note and (d)(1) table amended.....................64580
110.235  Revised...................................................40820
117  Temporary  drawbridge operation regulations..................10749,
                                                     14754, 30524, 31931
    Technical  correction..........................................11659
    Temporary drawbridge operation regulations.....................53351
117.4  Added.......................................................16563
117.11  Revised....................................................16563
117.155  Revised....................................................8409
117.195  Revised...................................................13248
117.261  (gg) added................................................47541
    (k) revised....................................................47542
    (bb) revised...................................................54519
117.287  (g)  revised; eff. 8-8-94.................................32652
117.295  Revised...................................................21932
117.391  Revised...................................................18299
117.393  Introductory text through (e) redesignated as (a) 
        introductory text through (5); (b) added; interim; eff. 8-
        1-94.......................................................33677
117.439  Revised...................................................14757
117.478  (b) revised...............................................14756
117.484  Added.....................................................14755
    (b)  and (c) corrected.........................................23158
117.571  (a)(3) revised; interim...................................44316
117.647  (c) removed; (d), (e) and (f) redesignated as (c), (d) 
        and (e)....................................................36063
117.667  (b) revised (temporary)...................................28778
    (b) revised....................................................63898
117.769  Revised...................................................50167
117.821  (b)(3) removed; (b)(4), (5) and (6) redesignated as 
        (b)(3), (4) and (5); eff. 7-5-94...........................28778
    (b)(5) revised.................................................67630
117.822  Revised (temporary).......................................38568
    Revised........................................................49823
117.875  Revised...................................................52424
117.973  Removed...................................................13249
117.977  Revised...................................................42758
117.997  (c) through (f) redesignated as (d) through (g); new (c) 
        added; interim.............................................67632
117.1023  Added....................................................46173
117.1025  Added.....................................................5954
117.1049  (a) and (c) revised; (d) suspended; eff. 4-4-94 through 
        6-30-94....................................................10077
    Technical  correction..........................................12032
117.1059  (d) revised..............................................38569
117.1101  Revised; interim.........................................46335

                                  1995

33 CFR
                                                                   60 FR
                                                                    Page
Chapter I
1.05-1--1.05-60 (Subpart 1.05)  Revised............................34148
1.05-55  Added.....................................................49224
1.20-1 (Subpart 1.20)  Authority citation revised..................34150
1.20-1  (b) and (c) revised........................................34150
3.25-05  (b) revised...............................................67061
3.25-10  (b) revised...............................................67061
3.25-15  (b) revised...............................................67061
3.40-25  Removed...................................................67062
3.40-28  Added.....................................................67062
3.40-30  Removed...................................................67062
3.45-15  Revised...................................................17223
3.45-30  (b) revised; (c) removed..................................17224
3.45-35  Removed...................................................17224
3.45-45  Revised...................................................17224
3.45-60  Removed...................................................17224
3.45-80  Removed...................................................17224
4.02  Table amended (OMB number)...................................20902
26  Authority citation revised.....................................34150
26.03  (f) table revised...........................................28328
26.04  (e) revised.................................................28329
26.07  Amended.....................................................28329
26.08  (a) and (b) redesignated as (b) and (c); new (a) added......34150
100  Temporary regulations lists............................15049, 34151
    Temporary regulations lists.............................44428, 55456
100.T0535-537  Added (temporary)...................................36357
100.35-T02-036  Added (temporary)..................................29758
100.35-T02-046  Added (temporary)..................................45044
100.35-T02-061  Added (temporary)..................................45045
100.35-T02-062  Added (temporary)..................................53274
100.35T07-008  Added (temporary)...................................36356

[[Page 563]]

100.35-T07-028  Added (temporary)..................................45668
100.35-07-060  Added (temporary)...................................52297
100.35-07-061  Added (temporary)...................................52298
100.35-T09-010  Added (temporary)..................................27887
100.35-T09-012  Added (temporary)..................................32265
100.35-T09-015  Added (temporary)..................................35700
100.35-T09-016  Added (temporary)..................................40096
100.35-T09-024  Added (temporary)..................................43979
100.35-T09-025  Added (temporary)..................................45046
100.35T01-033  Added (temporary)...................................34155
100.35T11-004  Added (temporary)...................................11630
100.101  (b) stayed; (d) added (temporary).........................27886
100.108  Implementation (temporary)................................15049
100.109  Added.....................................................50103
100.111  Added.....................................................43977
100.501  Implementation (temporary).........................32264, 33115
    Implementation (temporary).....................................67330
100.502  Implementation (temporary)................................43978
100.507  Implementation (temporary)................................21982
100.508  Implementation (temporary)................................47269
100.509  Implementation (temporary)................................33115
    Implementation (temporary).....................................67330
100.511  Implementation (temporary)................................15052
100.513  Implementation (temporary)................................24558
100.519  Implementation (temporary)................................34151
100.801  Added.....................................................10314
100.901  Table 1 revised...........................................44425
100.902  Added; eff. 7-6-95........................................29757
100.1105  Implementation (temporary)...............................47269
100.1303  Implementation (temporary)...............................36355
110.72aa  Implementation (temporary)...............................67330
110.77b  Added.....................................................15053
    Corrected......................................................21983
110.157  (a)(8) revised............................................10020
    (b)(2) stayed; (d) added; eff. 9-20-95 through 10-31-95........52104
110.159  (a)(5) revised and note amended; (a)(6) removed...........27696
    (a)(5) corrected...............................................45776
110.168  (a)(3)(i)(A), (B) and (ii)(D) stayed; eff. 8-18-95 
        through 8-21-95............................................43373
110.183  Revised...................................................14220
110.216  (a)(2) revised; eff. 7-6-95...............................29759
116  Revised.......................................................20902
117  Temporary drawbridge operation regulations........4378, 8941, 18006
117.135  Revised....................................................7122
117.261  (n) removed...............................................47270
    (e) and (f) redesignated as (f) and (g); new (e) added.........53275
117.287  (b-1) revised..............................................6659
117.317  (f) revised...............................................66747
117.391  Revised...................................................52311
117.395  Existing text designated as (a); (b) added; interim.......10316
    Revised........................................................26687
117.465  (a) through (e) redesignated as (b) through (f); new (a) 
        added......................................................43374
117.480  Revised...................................................14221
117.491  Revised....................................................7123
117.493  Revised...................................................19352
117.495  Revised....................................................4561
117.571  Regulation at 59 FR 44316 confirmed.......................13629
117.579  Revised; eff. 7-21-95.....................................32267
117.587  Revised...................................................29761
117.595  (a)(4), (b)(1) and (c) revised; (d) added.................51728
117.600  Added.....................................................51729
117.603  Stayed; eff. 7-17-95 through 9-30-95......................36359
117.604  Added; eff. 7-17-95 through 9-30-95.......................36359
117.605  (a) revised...............................................58518
117.611  Revised...................................................54432
117.615  Revised...................................................54431
117.618  (c) added.................................................51730
117.621  Revised....................................................2688
117.622  Added.....................................................51731
117.731a  (a) revised..............................................51732
117.733  (b) stayed; (k) added; eff. 7-17-95 through 9-4-95........36361
    (e) revised....................................................53130

[[Page 564]]

117.821  (b)(4) and (5) redesignated as (b)(5) and (6); new (b)(4) 
        added......................................................20428
    Regulation at 59 FR 67630 confirmed............................37366
117.833  Revised...................................................40098
117.869  (a) revised; eff. 7-21-95.................................32268
117.997  (g) redesignated as (h); new (g) added....................37365
117.1007  Implementation (temporary)...............................67330
117.1025  (a) revised; interim.....................................31247
    Regulation at 60 FR 31247 confirmed............................54806
117.1049  (a) and (c) revised; (d) removed.........................54434
117  appendix A amended............................................29761
     Appendix A amended.....................................51729, 53130

                                  1996

33 CFR
                                                                   61 FR
                                                                    Page
Chapter I
1  Authority citation revised......................................33661
1.01-60  (a) amended...............................................33662
1.01-70  (b) amended...............................................33662
1.01-80  (b) amended...............................................33662
1.05-1  (g) amended................................................33662
1.07-1--1.07-100 (Subpart 1.07)  Appendix removed..................18251
1.10-5  (a) and (c) amended........................................33662
1.26-5  (b) amended................................................33662
1.30-1--1.30-40 (Subpart 1.30)  Removed.............................6543
2.05-1  (c) amended................................................33662
2.05-20  (b) amended...............................................33662
3.01-1  (b) revised................................................29959
3.04-1  (a) revised; (b) amended...................................29959
3.04-3  (a) revised................................................29959
3.05-1  (b) revised................................................21958
3.05-25  Removed...................................................21958
3.05-30  Revised...................................................21958
3.05-35  Revised...................................................21958
3.10-1--3.10-50 (Subpart 3.10)  Heading removed....................29959
3.10-1  Removed....................................................29959
3.10-10  Redesignated as 3.40-40...................................29959
3.10-15  Redesignated as 3.40-45...................................29959
3.10-30  Redesignated as 3.40-50...................................29959
3.10-35  Redesignated as 3.40-55...................................29959
3.10-40  Redesignated as 3.40-60...................................29959
3.10-50  Redesignated as 3.40-65...................................29959
3.25-1  (b) revised................................................21959
3.25-05  (b) revised...............................................21959
3.25-10  (b) revised...............................................21959
3.40-1  (b) revised................................................29959
3.40-40  Redesignated from 3.10-10.................................29959
3.40-45  Redesignated from 3.10-15.................................29959
3.40-50  Redesignated from 3.10-30.................................29959
3.40-55  Redesignated from 3.10-35.................................29959
3.40-60  Redesignated from 3.10-40.................................29959
3.40-65  Redesignated from 3.10-50.................................29959
3.55-1  (a) revised................................................29959
4.02  Table amended (OMB numbers)...................................9274
5.01  (j) revised..................................................33662
8.3  Revised.......................................................33662
8.5  Revised.......................................................33662
8.7  Revised.......................................................33662
19.06  (b) and (d) removed.........................................33662
20.102  Amended....................................................33662
26.03  (f) table revised...........................................45325
26.08  (a) and (c) introductory text amended.......................33663
45.1  (b) amended..................................................33663
45.2  Amended......................................................33663
51.4  Amended......................................................33663
51.9  (b) amended..................................................33663
52  Authority citation revised.....................................24234
52.67  Revised.....................................................24235
62  Technical correction...........................................29449
62.51  (b)(3) revised..............................................27782
67.10-25  (a) amended..............................................33663
80--82 (Subchapter D)  Note amended....................................9
    Regulation at 61 FR 9 eff. date confirmed......................10466
81  Authority citation revised.....................................33663
81.18  (b) amended.................................................33663
81  Appendix A removed.................................................9
    Regulation at 61 FR 9 eff. date confirmed......................10466
89.18  (a) amended.................................................33663
100  Temporary regulations lists...............7071, 19192, 39325, 49678

[[Page 565]]

    Regulation at 61 FR 33032 eff. date delayed to 1-1-98..........60028
    Authority citation revised.....................................33032
    Heading revised; eff. 1-1-97...................................33032
100.T01-017  Added (temporary).....................................26103
100.T07-023  Added (temporary).....................................17247
100.01-100.50 (Subpart A)  Heading added; eff. 1-1-97..............33032
    Regulation at 61 FR 33032 eff. date delayed to 1-1-98..........60028
100.01  Revised; eff. 1-1-97.......................................33032
    Regulation at 61 FR 33032 eff. date delayed to 1-1-98..........60028
100.05  Revised; eff. 1-1-97.......................................33032
    Regulation at 61 FR 33032 eff. date delayed to 1-1-98..........60028
100.15  Revised; eff. 1-1-97.......................................33032
    Regulation at 61 FR 33032 eff. date delayed to 1-1-98..........60028
100.17  Added; eff. 1-1-97.........................................33032
    Regulation at 61 FR 33032 eff. date delayed to 1-1-98..........60028
100.18  Added; eff. 1-1-97.........................................33033
    Regulation at 61 FR 33033 eff. date delayed to 1-1-98..........60028
100.19  Added; eff. 1-1-97.........................................33033
    Corrected......................................................36292
    Regulation at 61 FR 33033 eff. date delayed to 1-1-98..........60028
100.25  Removed; eff. 1-1-97.......................................33033
    Regulation at 61 FR 33033 eff. date delayed to 1-1-98..........60028
100.30  Removed; eff. 1-1-97.......................................33033
    Regulation at 61 FR 33033 eff. date delayed to 1-1-98..........60028
100.35  Revised; eff. 1-1-97.......................................33033
    Regulation at 61 FR 33033 eff. date delayed to 1-1-98..........60028
100.35-T07-003  Added (temporary)...................................8217
100.35-T07-031  Added (temporary)..................................21963
100.35-T07-032  Added (temporary)..................................21961
100.35-T07-067  Added (temporary)..................................65333
100.35-T08-015  Added (temporary)..................................33671
100.35-T08-034  Added (temporary)..................................41507
100.35-T08-038  Added (temporary)..................................41506
100.35-T08-039  Added (temporary)..................................44161
100.35-T08-041  Added (temporary)..................................53322
100.35-T96-028  Added (temporary)..................................17842
100.35-T96-045  Added (temporary)..................................40514
100.35-T96-051  Added (temporary)..................................47823
100.35-T96-068  Added (temporary)..................................64992
100.35-07-004  Added (temporary)....................................8218
100.50  Revised; eff. 1-1-97.......................................33033
    Regulation at 61 FR 33033 eff. date delayed to 1-1-98..........60028
100.100  Added; eff. 1-1-97........................................33033
    Regulation at 61 FR 33033 eff. date delayed to 1-1-98..........60028
100.100--100.1305 (Subpart B)  Heading added; eff. 1-1-97..........33033
    Regulation at 61 FR 33033 eff. date delayed to 1-1-98..........60028
100.101  (b) revised...............................................21960
100.103  (b) revised...............................................26105
100.107  (c) revised...............................................26105
100.108  (c) revised...............................................26105
100.109  Removed...................................................26105
100.110  Added.....................................................21962
100.111  (c) revised...............................................26105
100.112  Added (temporary).........................................26104
100.113  Added.....................................................45891
100.114  Added.....................................................32329
    Implementation (temporary)..............................33371, 67946
100.118  Added.....................................................59024
100.119  Added.....................................................32332
100.501  Implementation (temporary)...........16711, 25149, 52695, 60028
100.505  (b) revised...............................................26105
100.508  Implementation (temporary)................................44160
100.509  Implementation (temporary)................................67946
100.511  Implementation (temporary)................................14025
100.513  Implementation (temporary)................................50436
100.517  Implementation (temporary)................................53321
100.709  Added; eff. 7-5-96........................................28504
100.713  Added; eff. 7-8-96........................................29020
100.714  Added.....................................................27783
100.715  Added; eff. 7-5-96........................................28502
100.717  Added; eff. 7-5-96........................................28503
100.718  Added; eff. 7-5-96........................................32334

[[Page 566]]

100.719  Added; eff. 7-5-96........................................32334
100.720  Added; eff. 7-5-96........................................32335
100.721  Added.....................................................59023
100.722  Added.....................................................64993
100.723  Added.....................................................64995
100.801  Implementation (temporary)................................44160
100.901  Table 1 revised............................................5681
100.1101  Implementation (temporary).........................4885, 10896
100.1102  Implementation (temporary)................................8218
100.1103  (a) stayed; (d) added (temporary)........................14250
100.1303  (a) and (b) revised; eff. 7-22-96........................20133
100.1306  Added....................................................16710
110  Authority citation corrected..................................36786
110.72aa  Implementation (temporary)...............................25149
110.72d  Revised...................................................40994
    (a) corrected..................................................63715
110.72e  Added (temporary).........................................18945
110.128b  (a) and (b) amended......................................33663
110.128c  (a) introductory text amended............................33663
110.195  (a)(4), (5), (7) through (30), (b) and (c) revised; 
        (a)(31), (32) and (33) added...............................16712
110.224  Heading and (d)(2) table amended..........................33663
110.236  (a)(1) through (7) amended................................33663
110.237  (a) amended...............................................33663
114  Authority citation revised....................................33663
114.01  (a)(2) and (c)(2) amended..................................33663
114.05  (l) amended................................................33663
114.50  Amended....................................................33663
116  Authority citation corrected..................................36786
116.10  (c) amended................................................33663
116.15  (a), (c) and (d) amended...................................33663
116.20  (a) and (b) amended........................................33663
116.25  (a) amended................................................33664
116.30  Heading, (a), (d), (e) and (g) amended.....................33664
116.35  (c) amended................................................33664
116.40  (a), (b) and (c) amended...................................33664
116.45  (a) and (b) amended........................................33664
116.55  (a) and (b) amended........................................33663
117  Temporary drawbridge operations regulations.....1524, 13098, 37211, 
                                                            50712, 64995
    Appendix A amended.............................................33664
    Appendix A corrected............................................3678
    Regulation at 61 FR 24236 eff. date confirmed..................40515
117.T1024  Added (temporary).......................................14971
117.15  (a)(3) amended.............................................33664
117.17  Amended....................................................33664
117.47  (a) amended................................................33664
117.147  (b) stayed; (c) added; eff. 2-1-97 through 6-30-97........59026
117.167  Revised...................................................17248
117.193  Revised...................................................17249
117.253  (b)(1)(ii) and (iii) revised; (b)(3) added................57586
117.261  (j) revised; eff. 7-29-96.................................29655
    (bb) revised; interim..........................................67948
117.478  (b) revised...............................................49064
117.491  (a)(2) removed; (a)(3) and (4) redesignated as (a)(2) and 
        (3).........................................................4886
    (b) removed; (c) through (f) redesignated as (b) through (e) 
                                                                   39873
117.493  Revised....................................................4887
117.603  Stayed; eff. 5-27-96 through 9-30-96......................18948
117.604  Added; eff. 5-27-96 through 9-30-96.......................18948
117.647  (a) and (d) revised; eff. 8-12-96.........................24236
117.732  Revised; eff. 7-15-96.....................................29960
117.773  Revised...................................................10467
117.821  (b)(6) revised; eff. 7-22-96..............................31435
117.997  (e) revised................................................1715
117.1007  Implementation (temporary)...............................25149
117.1023  Stayed; eff. 5-1-96 through 5-31-96......................14971
117.1051  (e)(2)(i) revised........................................33664
117.1059  (h) stayed; (j) added; eff. 2-1-97 through 6-1-97........43158
    (c) stayed; (i) added; eff. 10-1-96 through 1-31-97............43159
117  Appendix A amended............................................10468
    Corrected......................................................36786
120 (Subchapter K)  Added; interim.................................37652
    Clarification..................................................51597

[[Page 567]]

                                  1997

   (Regulations published from January 1, 1997, through July 1, 1997)

33 CFR
                                                                   62 FR
                                                                    Page
Chapter I
1.01-40  Amended...................................................33361
1.01-60  (a) amended...............................................33361
1.01-70  (b) amended...............................................33361
1.01-80  (b) amended...............................................33361
1.05-1  (g) amended................................................33361
2.05-1  (c) amended................................................33361
2.05-35  Revised...................................................33361
3.70-15  (b)(3) removed............................................33361
5  Authority citation revised......................................16700
    Technical correction...........................................28760
5.67  Removed......................................................16700
8.1  (b)(1) revised................................................33361
8.5  (b)(3) amended................................................33362
25.103  Amended....................................................33362
25.111  (b) introductory text amended..............................33362
26  Technical correction...........................................28760
26.08  (a) amended.................................................33362
26.10  Removed.....................................................16700
27  Added..........................................................16700
    Technical correction...........................................28760
27.3  Table correctly revised......................................35385
51.2  (a) amended..................................................33362
54.07  Amended.....................................................33362
67.50-10  Removed..................................................33362
70.05-20  Amended..................................................33362
72.01-10  Revised..................................................33362
72.01-25  Revised..................................................33362
72.01-40  Revised..................................................33362
80.155--80.530  Undesignated center heading removed................33362
80.170--80.530  Undesignated center heading added..................33362
89.18  (a) amended.................................................33363
95  Authority citation revised.....................................16702
    Technical correction...........................................28760
95.055  Removed....................................................16702
100  Temporary regulations lists.............................8378, 32199
    Authority citation revised.....................................16702
    Technical correction...........................................28760
100.35T05-020  Added (temporary)...................................27961
100.35T-05-043  Added (temporary)..................................35391
100.35T-07-007  Added (temporary)..................................12751
100.35T-07-012  Added (temporary)..................................18042
100.35T-07-027  Added (temporary)..................................32199
100.35-T07-075  Added (temporary)..................................17703
100.35-T08-010  Added (temporary)..................................18041
100.35-T08-015  Added (temporary)..................................27499
100.35T96-074  Added (temporary)....................................3609
100.35T-97-002  Added (temporary)...................................9368
100.101  (c)(12) removed...........................................16702
    Implementation (temporary).....................................27960
100.102  (c)(5) removed............................................16702
    Revised; eff. 7-26-97..........................................35388
100.103  (c)(7) removed............................................16702
100.104  (c)(9) removed............................................16702
100.108  (b)(6) removed............................................16702
100.114  Amended...................................................30989
    Implementation (temporary)..............................35388, 35391
100.504  (c)(5) removed............................................16702
100.505  (c)(7) removed............................................16702
100.507  Implementation (temporary)................................27498
100.509  Implementation (temporary)................................35390
100.523  (c) revised...............................................20102
100.717  (c) revised...............................................26745
100.724  Added......................................................7937
100.1101  Implementation (temporary)........................26229, 30759
110  Authority citation revised....................................16703
    Technical correction...........................................28760
110.1a  (b) removed................................................16703
110.60  (r-1) note and (x)(4) revised...............................9369
114.05  (l) revised................................................33363
114.50  Amended....................................................33363
116.55  (a) amended; (b) revised...................................33363
117  Temporary drawbridge operations regulations......3462, 9370, 19222, 
                                                     25514, 27961, 27962
117.35-T08-062  Added (temporary)...................................5156
117.147  (b) stayed; (c) revised; eff. 6-30-97 through 10-2-97.....31724
117.261  (h) removed................................................3463
117.325  (a) revised; (b) redesignated as (c); new (b) added; 
        interim....................................................15843
117.433  Revised...................................................14635
117.451  (c) removed; (d), (e) and (f) redesignated as (c), (d) 
        and (e).....................................................9370

[[Page 568]]

117.458  (c) added; eff. 3-6-97 through 5-19-97....................10454
    (b) stayed; (d) added; eff. 4-14-97 through 8-15-97............17072
117.680  Revised; eff. 7-11-97.....................................31723
117.714  Added.....................................................24339
117.739  Revised....................................................6485
117.1101  (a)(1) revised; interim...................................6877