[Title 33 CFR 165]
[Code of Federal Regulations (annual edition) - July 1, 2005 Edition]
[Title 33 - NAVIGATION AND NAVIGABLE WATERS]
[Chapter I - COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)]
[Subchapter P - PORTS AND WATERWAYS SAFETY]
[Part 165 - REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS]
[From the U.S. Government Printing Office]
33NAVIGATION AND NAVIGABLE WATERS22005-07-012005-07-01falseREGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS165PART 165NAVIGATION AND NAVIGABLE WATERSCOAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)PORTS AND WATERWAYS SAFETY
PART 165_REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS--Table of
Contents
Subpart A_General
Sec.
165.1 Purpose of part.
165.5 Establishment procedures.
165.7 Notification.
165.8 Geographic coordinates.
165.9 Geographic application of limited and controlled access areas and
regulated navigation areas.
Subpart B_Regulated Navigation Areas
165.10 Regulated navigation areas.
165.11 Vessel operating requirements (regulations).
165.13 General regulations.
Subpart C_Safety Zones
165.20 Safety zones.
165.23 General regulations
Subpart D_Security Zones
165.30 Security zones.
165.33 General regulations.
Subpart E_Restricted Waterfront Areas
165.40 Restricted waterfront areas.
Subpart F_Specific Regulated Navigation Areas and Limited Access Areas
First Coast Guard District
165.T01-155 Safety Zone: Wantagh Parkway Number 3 Bridge over the Sloop
Channel, Town of Hempstead, NY.
165.100 Regulated Navigation Area: Navigable waters within the First
Coast Guard District.
165.101 Kittery, Maine--regulated navigation area.
165.102 Security Zone: Walkers Point, Kennebunkport, ME.
165.103 Safety and Security Zones; LPG Vessel Transits in Portland,
Maine, Captain of the Port Zone, Portsmouth Harbor,
Portsmouth, New Hampshire.
165.104 Safety Zone: Vessel Launches, Bath Iron Works, Kennebec River,
Bath, Maine.
165.105 Security Zones; Passenger Vessels, Portland, Maine, Captain of
the Port Zone.
165.106 Security Zone: Seabrook Nuclear Power Plant, Seabrook, New
Hampshire.
165.110 Safety and Security Zone; Liquefied Natural Gas Carrier Transits
and Anchorage Operations, Boston, Massachusetts.
165.111 Safety Zone: Boston Harbor, Boston, Massachusetts.
165.112 Safety Zone: USS CASSIN YOUNG, Boston, Massachusetts.
165.113 Security Zone: Dignitary arrival/departure Logan International
Airport, Boston, MA.
165.114 Safety and Security Zones: Escorted Vessels--Boston Harbor,
Massachusetts.
165.115 Safety and Security Zones; Pilgrim Nuclear Power Plant,
Plymouth, Massachusetts.
165.116 Safety and Security Zones; Salem and Boston Harbors,
Massachusetts.
165.120 Safety Zone: Chelsea River, Boston Inner Harbor, Boston, MA.
165.121 Safety and Security Zones: High Interest Vessels, Narragansett
Bay, Rhode Island.
165.122 Providence River, Providence, R.I. regulated navigation area.
165.130 Sandy Hook Bay, New Jersey--security zone.
165.140 New London Harbor, Connecticut--security zone.
165.141 Safety Zone: Sunken vessel EMPIRE KNIGHT, Boon Island, ME.
165.150 New Haven Harbor, Quinnipiac River, Mill River.
165.151 Safety Zones; Long Island Sound annual fireworks displays.
165.152 Coast Guard Station Fire Island, Long Island, New York--safety
zone.
165.153 Regulated Navigation Area: Long Island Sound Marine Inspection
and Captain of the Port Zone.
165.154 Safety and Security Zones: Long Island Sound Marine Inspection
Zone and Captain of the Port Zone.
165.155 Northville Industries Offshore Platform, Riverhead, Long Island,
New York--safety zone.
165.160 Safety and Security Zones: Liquefied Hazardous Gas Vessel,
Liquefied Hazardous Gas Facility and Designated Vessel
Transits, New York Marine Inspection Zone and Captain of the
Port Zone.
165.161 Safety Zones: Coast Guard Activities New York Annual Fireworks
Displays.
165.162 Safety Zone: New York Super Boat Race, Hudson River, New York.
165.163 Safety Zones; Port of New York/New Jersey Fleet Week.
165.164 Security Zones: Dignitary Arrival/Departure and United Nations
Meetings, New York, NY.
165.165 Regulated Navigation Area; Kill Van Kull Channel, Newark Bay
Channel, South Elizabeth Channel, Elizabeth Channel, Port
Newark Channel and New Jersey Pierhead Channel, New York and
New Jersey.
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165.166 Safety zone: Macy's July 4th Fireworks, East River, NY.
165.167 Safety Zone: East River Western Channel, Manhattan, NY.
165.168 Safety Zones; Coast Guard Activities New York Fireworks
Displays.
165.169 Safety and Security Zones: New York Marine Inspection Zone and
Captain of the Port Zone.
165.170 Safety Zone: Triathlon, Ulster, Landing, Hudson River, NY.
165.202 Safety Zones: Annual fireworks Events in the Captain of the Port
Cleveland Zone.
Fifth Coast Guard District
165.T05-018 Security Zone: Cape Fear River, Eagle Island and North
Carolina State Port Authority Terminal, Wilmington, NC.
165.500 Safety/Security Zones; Chesapeake Bay, Maryland.
165.501 Chesapeake Bay entrance and Hampton Roads, VA and adjacent
waters--Regulated Navigation Area.
165.502 Safety and Security Zone; Cove Point Liquefied Natural Gas
Terminal, Chesapeake Bay, Maryland.
165.503 Security Zone; Captain of the Port Hampton Roads Zone.
165.504 Newport News Shipbuilding and Dry Dock Company Shipyard, James
River, Newport News, Va.
165.505 Security Zone; Calvert Cliffs Nuclear Power Plant, Chesapeake
Bay, Calvert County, Maryland.
165.506 Safety Zones; Fifth Coast Guard District Fireworks Displays.
165.510 Delaware Bay and River, Salem River, Christina River and
Schuylkill River-Regulated Navigation Area.
165.511 Security Zone; Atlantic Ocean, Chesapeake & Delaware Canal,
Delaware Bay, Delaware River and its tributaries.
165.514 Safety Zone: Atlantic Intracoastal Waterway and connecting
waters, vicinity of Marine Corps Base Camp Lejeune, North
Carolina.
165.515 Safety Zone: Cape Fear River, Wilmington, North Carolina.
165.518 Security Zone; Waters of the Fifth Coast Guard District.
165.530 Safety Zone: Cape Fear and Northeast Cape Fear Rivers, NC.
165.535 Safety Zone: Atlantic Ocean, Vicinity of Cape Henlopen State
Park, Delaware.
165.540 Regulated Navigation Area; Cape Fear River, Northeast Cape Fear
River, Wilmington, North Carolina
165.552 Security Zone; Oyster Creek Generation Station, Forked River,
Ocean County, New Jersey.
165.553 Security Zone; Salem and Hope Creek Generation Stations,
Delaware River, Salem County, New Jersey.
165.554 Security Zone; Three Mile Island Generating Station, Susquehanna
River, Dauphin County, Pennsylvania.
Seventh Coast Guard District
165.T07-042 Security Zone; HOVENSA Refinery, St. Croix, U.S. Virgin
Islands.
165.T07-146 Regulated Navigation Area, San Carlos Bay, Florida.
165.701 Vicinity, Kennedy Space Center, Merritt Island, Florida--
security zone.
165.703 Tampa Bay, Florida--Safety Zone.
165.704 Safety Zone: Tampa Bay, Florida.
165.T0704 Safety Zone: Savannah River, Savannah, Georgia.
165.705 Port Canaveral Harbor, Cape Canaveral, Florida.
165.708 Safety/Security Zone; Charleston Harbor and Cooper River,
Charleston, SC.
165.711 Safety Zone: Port Everglades, Fort Lauderdale, FL.
165.714 Regulated Navigation Area; Atlantic Ocean, Charleston, SC.
165.720 Safety/Security Zone: St. Johns River, Jacksonville, FL.
165.721 Safety Zone: St. Johns River, Jacksonville, FL.
165.722 Security Zone: St. Johns River, Jacksonville, Florida.
165.726 Regulated Navigation Areas; Miami River, Miami, Florida.
165.728 Jacksonville, Florida--safety zones.
165.729 Jacksonville Harbor, Florida--security zone.
165.730 King's Bay, Georgia--Regulated navigation area.
165.731 Safety/Security Zone: Cumberland Sound, Georgia and St. Marys
River Entrance Channel.
165.752 Sparkman Channel, Tampa, Florida--regulated navigation area.
165.753 Regulated navigation area; Tampa Bay, Florida.
165.754 Safety Zone: San Juan Harbor, San Juan, PR.
165.755 Safety Zone: Guayanilla, Puerto Rico
165.756 Regulated Navigation Area; Savannah River, Georgia.
165.757 Safety Zones; Ports of Ponce, Tallaboa, and Guayanilla, Puerto
Rico and Limetree Bay, St. Croix, U.S.V.I.
165.758 Security Zone; San Juan, Puerto Rico.
165.759 Security Zones; Ports of Jacksonville, Fernandina, and
Canaveral, Florida.
165.760 Security Zones; Tampa Bay, Port of Tampa, Port of Saint
Petersburg, Port Manatee, Rattlesnake, Old Port Tampa, Big
Bend, Weedon Island, and Crystal River, Florida.
165.761 Security Zones; Port of Palm Beach, Port Everglades, Port of
Miami, and Port of Key West, Florida.
165.762 Security Zone; St. Thomas, U.S. Virgin Islands.
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165.763 Moving and Fixed Security Zone, Port of Fredericksted, Saint
Croix, U.S. Virgin Islands.
165.764 Security Zones; Big Bend and Weedon Island Power Facilities,
Tampa Bay, Florida.
165.765 Regulated Navigation Area; Port Everglades Harbor, Fort
Lauderdale, Florida.
Eighth Coast Guard District
165.802 Lower Mississippi River, vicinity of Old River Control
Structure--Safety Zone.
165.803 Mississippi River--regulated navigation area.
165.804 Snake Island, Texas City, Texas; mooring and fleeting of
vessels--safety zone.
165.805 Calcasieu Channel and Industrial Canal, Calcasieu River, Lake
Charles, LA.
165.806 Sabine Neches Waterway, Texas--regulated navigation area.
165.807 Calcasieu River, Louisiana--regulated navigation area.
165.808 Corpus Christi Ship Channel, Corpus Christi, TX, safety zone.
165.809 Security Zones; Port of Port Lavaca-Point Comfort, Point
Comfort, TX and Port of Corpus Christi Inner Harbor, Corpus
Christi, TX.
165.810 Mississippi River, LA-regulated navigation area.
165.811 Atchafalaya River, Berwick Bay, LA-regulated navigation area.
165.812 Security Zones; Lower Mississippi River, Southwest Pass Sea Buoy
to Mile Marker 96.0, New Orleans, LA.
165.813 Security Zones; Ports of Houston and Galveston, TX.
165.814 Security Zones; Captain of the Port Houston-Galveston Zone.
165.815 Ohio River at Louisville, KY; regulated navigation area.
165.817 Arkansas River, Mile 118.2 to 125.4, Little Rock Arkansas--
regulated navigation area.
165.820 Security Zone; Ohio River, Mile 34.6 to 35.1, Shippingport,
Pennsylvania.
165.821 Ohio River at Cincinnati, OH; regulated navigation area.
165.825 Security Zones; Captain of the Port St. Louis, Missouri.
165.830 Regulated Navigation Area; Reporting Requirements for Barges
Loaded with Certain Dangerous Cargoes, Inland Rivers, Eighth
Coast Guard District.
165.835 Security Zone; Port of Mobile, Mobile Ship Channel, Mobile, AL.
Ninth Coast Guard District
165.901 Great Lakes--regulated navigation areas.
165.902 Niagara River at Niagara Falls, New York--safety zone.
165.903 Safety Zones: Cuyahoga River and Old River, Cleveland, OH.
165.904 Lake Michigan at Chicago Harbor & Burnham Park Harbor--Safety
and Security Zone.
165.905 USX Superfund Site Safety Zones: St. Louis River.
165.906 Lakeside Yacht Club in Cleveland Harbor, Cleveland, OH--
regulated navigation areas.
165.907 Safety Zones: Annual fireworks events in the Captain of the Port
Detroit Zone.
165.909 Safety Zones; Annual fireworks events in the Captain of the Port
Milwaukee Zone.
165.910 Security Zones; Captain of the Port Chicago, Zone, Lake
Michigan.
165.911 Security Zones; Captain of the Port Buffalo Zone.
165.912 Security Zone; Lake Erie, Perry, OH.
165.914 Safety Zones; Annual Fireworks Events in the Captain of the Port
Buffalo Zone.
165.915 Security zones; Captain of the Port Toledo Zone, Lake Erie.
165.916 Security Zones; Captain of the Port Milwaukee Zone, Lake
Michigan.
165.917 Safety Zone; M/V ROY A. JODREY, St. Lawrence River, Wellesley
Island, New York.
165.918 Safety zones; annual fireworks displays in the Captain of the
Port Chicago Zone.
165.920 Regulated Navigation Area: USCG Station Port Huron, Port Huron,
MI, Lake Huron.
165.921 Regulated Navigation Area; Reporting Requirements for Barges
Loaded with Certain Dangerous Cargoes, Illinois Waterway
System located within the Ninth Coast Guard District.
Eleventh Coast Guard District
165.T11-004 Regulated Navigation Area; Humboldt Bay Bar Channel and
Humboldt Bay Entrance Channel, Humboldt Bay, California.
165.T11-048 Safety Zone; Mission Creek Waterway, China Basin, San
Francisco Bay, California.
165.1101 Security Zone: San Diego Bay, CA.
165.1102 Security Zone: San Diego Bay, California.
165.1103 Security Zone: San Diego Bay, CA.
165.1104 Security Zone: San Diego Bay, CA.
165.1105 Security Zone: San Diego Bay, California.
165.1106 San Diego Bay, California--safety zone.
165.1107 San Diego Bay, California.
165.1108 Security Zones; Cruise Ships, Port of San Diego, California.
165.1110 Security Zone: Coronado Bay Bridge, San Diego, CA.
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165.1120 Security Zone; Naval Amphibious Base, San Diego, CA.
165.1121 Security Zone: Fleet Supply Center Industrial Pier, San Diego,
CA.
165.1131 Security Zone: Wilson Cove, San Clemente Island, California.
165.1151 Security Zones; liquefied hazardous gas tank vessels, San Pedro
Bay, California.
165.1152 San Pedro Bay, California--Regulated navigation area.
165.1154 Security Zones; Cruise Ships, San Pedro Bay, California.
165.1155 Security Zone; Diablo Canyon Nuclear Power Plant, Avila Beach,
California.
165.1156 Safety Zone; Offshore Marine Terminal, El Segundo, CA.
165.1171 Copper Canyon, Lake Havasu, Colorado River--Regulated
Navigation Area.
165.1181 San Francisco Bay Region, California--regulated navigation
area.
165.1182 Safety/Security Zone: San Francisco Bay, San Pablo Bay,
Carquinez Strait, and Suisun Bay, CA.
165.1183 Security Zones; Cruise Ships, Tankers and High Interest
Vessels, San Francisco Bay and Delta Ports, Monterey Bay and
Humboldt Bay, California.
165.1185 Regulated Navigation Area; San Francisco Bay, San Pablo Bay,
Carquinez Strait, Suisun Bay, Sacramento River, San Joaquin
River, and connecting waters in California.
165.1187 Security Zones; Golden Gate Bridge and the San Francisco-
Oakland Bay Bridge, San Francisco Bay, California.
165.1190 Security Zone; San Francisco Bay, Oakland Estuary, Alameda, CA.
165.1191 Safety zones: Northern California annual fireworks events.
165.1192 Security Zones; Waters surrounding San Francisco International
Airport and Oakland International Airport, San Francisco Bay,
California.
165.1199 Security Zones; Military Ocean Terminal Concord (MOTCO),
Concord, California.
Thirteenth Coast Guard District
165.1301 Puget Sound and Adjacent Waters in Northwestern Washington--
Regulated Navigation Area.
165.1302 Bangor Naval Submarine Base, Bangor, WA.
165.1303 Puget Sound and adjacent waters, WA-regulated navigation area.
165.1304 Bellingham Bay, Bellingham, WA.
165.1305 Commencement Bay, Tacoma, WA.
165.1306 Lake Union, Seattle, WA.
165.1307 Elliott Bay, Seattle, WA.
165.1308 Columbia River, Vancouver WA.
165.1309 Eagle Harbor, Bainbridge Island, WA.
165.1310 Strait of Juan de Fuca and adjacent coastal waters of Northwest
Washington; Makah Whale Hunting--Regulated Navigation Area.
165.1311 Olympic View Resource Area, Tacoma, WA.
165.1312 Security Zone; Portland Rose Festival on Willamette River.
165.1313 Security zone regulations, tank ship protection, Puget Sound
and adjacent waters, Washington
165.1314 Safety Zone; Fort Vancouver Fireworks Display, Columbia River,
Vancouver, Washington.
165.1315 Safety Zones: Annual fireworks events in the Captain of the
Port Portland Zone.
165.1316 Safety Zone; Columbia River, Astoria, Oregon.
165.1317 Security and Safety Zone; Large Passenger Vessel Protection,
Puget Sound and adjacent waters, Washington.
165.1318 Security and Safety Zone Regulations, Large Passenger Vessel
Protection, Portland, OR Captain of the Port Zone
165.1319 Safety Zone Regulations, Seafair Blue Angels Air Show
Performance, Seattle, WA.
165.1321 Security Zone; Protection of Military Cargo, Captain of the
Port Zone Puget Sound, WA.
Fourteenth Coast Guard District
165.1401 Apra Harbor, Guam--safety zones.
165.1402 Apra Outer Harbor, Guam--regulated navigation area.
165.1403 Security Zone: Tinian, Commonwealth Northern Marianas Islands.
165.1404 Apra Harbor, Guam--security zone.
165.1405 Regulated Navigation Areas and Security Zones; Designated
Escorted Vessels-Philippine Sea and Apra Harbor, Guam
(including Cabras Island Channel), and Tanapag Harbor, Saipan,
Commonwealth of the Northern Mariana Islands (CNMI).
165.1406 Safety Zone: Pacific Missile Range Facility (PMRF), Barking
Sands, Island of Kauai, Hawaii.
165.1407 Security Zones; Oahu, Maui, Hawaii, and Kauai, HI.
Seventeenth Coast Guard District
165.T17-010 Safety Zone; Bering Sea, Aleutian Islands, Unalaska Island,
AK.
165.T17-020 Port Valdez and Valdez Narrows, Valdez, Alaska--security
zones.
165.1701 Port Valdez, Valdez, Alaska--safety zone.
165.1702 Gastineau Channel, Juneau, Alaska--safety zone.
165.1703 Ammunition Island, Port Valdez, Alaska.
165.1704 Prince William Sound, Alaska-regulated navigation area.
165.1706 Gastineau Channel, Juneau, Alaska--Safety Zone.
[[Page 641]]
165.1708 Tongass Narrows, Ketchikan, Alaska--Safety Zone.
165.1709 Security Zones: Liquefied Natural Gas Tanker Transits and
Operations at Phillips Petroleum LNG Pier, Cook Inlet, AK.
Subpart G_Protection of Naval Vessels
165.2010 Purpose.
165.2015 Definitions.
165.2020 Enforcement authority.
165.2025 Atlantic Area.
165.2030 Pacific Area.
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C.
191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295,
116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1.
Source: CGD 79-034, 47 FR 29660, July 8, 1982, unless otherwise
noted.
Subpart A_General
Sec. 165.1 Purpose of part.
The purpose of this part is to:
(a) Prescribe procedures for establishing different types of limited
or controlled access areas and regulated navigation areas;
(b) Prescribe general regulations for different types of limited or
controlled access areas and regulated navigation areas;
(c) Prescribe specific requirements for established areas; and
(d) List specific areas and their boundaries.
Sec. 165.5 Establishment procedures.
(a) A safety zone, security zone, or regulated navigation area may
be established on the initiative of any authorized Coast Guard official.
(b) Any person may request that a safety zone, security zone, or
regulated navigation area be established. Except as provided in
paragraph (c) of this section, each request must be submitted in writing
to either the Captain of the Port or District Commander having
jurisdiction over the location as described in Part 3 of this chapter,
and include the following:
(1) The name of the person submitting the request;
(2) The location and boundaries of the safety zone, security zone,
or regulated navigation area;
(3) The date, time, and duration that the safety zone, security
zone, or regulated navigation area should be established;
(4) A description of the activities planned for the safety zone,
security zone, or regulated navigation area;
(5) The nature of the restrictions or conditions desired; and
(6) The reason why the safety zone, security zone, or regulated
navigation area is necessary.
(Requests for safety zones, security zones, and regulated navigation
areas are approved by the Office of Management and Budget under control
number 2115-0076, 2115-0219, and 2115-0087).
(c) Safety Zones and Security Zones. If, for good cause, the request
for a safety zone or security zone is made less than 5 working days
before the zone is to be established, the request may be made orally,
but it must be followed by a written request within 24 hours.
[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 79-026, 48 FR
35408, Aug. 4, 1983]
Sec. 165.7 Notification.
(a) The establishment of these limited access areas and regulated
navigation areas is considered rulemaking. The procedures used to notify
persons of the establishment of these areas vary depending upon the
circumstances and emergency conditions. Notification may be made by
marine broadcasts, local notice to mariners, local news media,
distribution in leaflet form, and on-scene oral notice, as well as
publication in the Federal Register.
(b) Notification normally contains the physical boundaries of the
area, the reasons for the rule, its estimated duration, and the method
of obtaining authorization to enter the area, if applicable, and special
navigational rules, if applicable.
(c) Notification of the termination of the rule is usually made in
the same
form as the notification of its establishment.
Sec. 165.8 Geographic coordinates.
Geographic coordinates expressed in terms of latitude or longitude,
or both, are not intended for plotting on maps or charts whose
referenced horizontal datum is the North American Datum of
[[Page 642]]
1983 (NAD 83), unless such geographic coordinates are expressly labeled
NAD 83. Geographic coordinates without the NAD 83 reference may be
plotted on maps or charts referenced to NAD 83 only after application of
the appropriate corrections that are published on the particular map or
chart being used.
[CGD 86-082, 52 FR 33811, Sept. 8, 1987]
Sec. 165.9 Geographic application of limited and controlled access
areas and regulated navigation areas.
(a) General. The geographic application of the limited and
controlled access areas and regulated navigation areas in this part are
determined based on the statutory authority under which each is created.
(b) Safety zones and regulated navigation areas. These zones and
areas are created under the authority of the Ports and Waterways Safety
Act, 33 U.S.C. 1221-1232. Safety zones established under 33 U.S.C. 1226
and regulated navigation areas may be established in waters subject to
the jurisdiction of the United States as defined in Sec. 2.38 of this
chapter, including the territorial sea to a seaward limit of 12 nautical
miles from the baseline.
(c) Security zones. These zones have two sources of authority--the
Ports and Waterways Safety Act, 33 U.S.C. 1221-1232, and the Act of June
15, 1917, as amended by both the Magnuson Act of August 9, 1950
(``Magnuson Act''), 50 U.S.C. 191-195, and sec. 104 the Maritime
Transportation Security Act of 2002 (Pub. L. 107-295, 116 Stat. 2064).
Security zones established under either 33 U.S.C. 1226 or 50 U.S.C. 191
may be established in waters subject to the jurisdiction of the United
States as defined in Sec. 2.38 of this chapter, including the
territorial sea to a seaward limit of 12 nautical miles from the
baseline.
(d) Naval vessel protection zones. These zones are issued under the
authority of 14 U.S.C. 91 and 633 and may be established in waters
subject to the jurisdiction of the United States as defined in Sec.
2.38 of this chapter, including the territorial sea to a seaward limit
of 3 nautical miles from the baseline.
[USCG-2001-9044, 68 FR 42602, July 18, 2003]
Subpart B_Regulated Navigation Areas
Sec. 165.10 Regulated navigation areas.
A regulated navigation area is a water area within a defined
boundary for which regulations for vessels navigating within the area
have been established under this part.
Sec. 165.11 Vessel operating requirements (regulations).
Each District Commander may control vessel traffic in an area which
is determined to have hazardous conditions, by issuing regulations:
(a) Specifying times of vessel entry, movement, or departure to,
from, within, or through ports, harbors, or other waters;
(b) Establishing vessel size, speed, draft limitations, and
operating conditions; and
(c) Restricting vessel operation, in a hazardous area or under
hazardous conditions, to vessels which have particular operating
characteristics or capabilities which are considered necessary for safe
operation under the circumstances.
[CGD 79-026, 48 FR 35408, Aug. 4, 1983]
Sec. 165.13 General regulations.
(a) The master of a vessel in a regulated navigation area shall
operate the vessel in accordance with the regulations contained in
Subpart F.
(b) No person may cause or authorize the operation of a vessel in a
regulated navigation area contrary to the regulations in this part.
Subpart C_Safety Zones
Sec. 165.20 Safety zones.
A Safety Zone is a water area, shore area, or water and shore area
to which, for safety or environmental purposes, access is limited to
authorized persons, vehicles, or vessels. It may be stationary and
described by fixed limits or it may be described as a zone around a
vessel in motion.
Sec. 165.23 General regulations.
Unless otherwise provided in this part:
[[Page 643]]
(a) No person may enter a safety zone unless authorized by the COTP
or the District Commander;
(b) No person may bring or cause to be brought into a safety zone
any vehicle, vessel, or object unless authorized by the COTP or the
District Commander;
(c) No person may remain in a safety zone or allow any vehicle,
vessel, or object to remain in a safety zone unless authorized by the
COTP or the District Commander; and
(d) Each person in a safety zone who has notice of a lawful order or
direction shall obey the order or direction of the COTP or District
Commander issued to carry out the purposes of this subpart.
Subpart D_Security Zones
Sec. 165.30 Security zones.
(a) A security zone is an area of land, water, or land and water
which is so designated by the Captain of the Port or District Commander
for such time as is necessary to prevent damage or injury to any vessel
or waterfront facility, to safeguard ports, harbors, territories, or
waters of the United States or to secure the observance of the rights
and obligations of the United States.
(b) The purpose of a security zone is to safeguard from destruction,
loss, or injury from sabotage or other subversive acts, accidents, or
other causes of a similar nature:
(1) Vessels,
(2) Harbors,
(3) Ports, and
(4) Waterfront facilities:
in the United States and all territory and water, continental or
insular, that is subject to the jurisdiction of the United States.
Sec. 165.33 General regulations.
Unless otherwise provided in the special regulations in Subpart F of
this part:
(a) No person or vessel may enter or remain in a security zone
without the permission of the Captain of the Port;
(b) Each person and vessel in a security zone shall obey any
direction or order of the Captain of the Port;
(c) The Captain of the Port may take possession and control of any
vessel in the security zone;
(d) The Captain of the Port may remove any person, vessel, article,
or thing from a security zone;
(e) No person may board, or take or place any article or thing on
board, any vessel in a security zone without the permission of the
Captain of the Port; and
(f) No person may take or place any article or thing upon any
waterfront facility in a security zone without the permission of the
Captain of the Port.
Subpart E_Restricted Waterfront Areas
Sec. 165.40 Restricted waterfront areas.
The Commandant, may direct the COTP to prevent access to waterfront
facilities, and port and harbor areas, including vessels and harbor
craft therein. This section may apply to persons who do not possess the
credentials outlined in Sec. 125.09 of this chapter when certain
shipping activities are conducted that are outlined in Sec. 125.15 of
this chapter.
Subpart F_Specific Regulated Navigation Areas and Limited Access Areas
First Coast Guard District
Sec. 165.T01-155 Safety Zone: Wantagh Parkway Number 3 Bridge over the
Sloop Channel, Town of Hempstead, NY.
(a) Location. The following area is a safety zone: All waters of the
Sloop Channel in Hempstead, NY within 300-yards of the Wantagh Parkway
Number 3 Bridge over the Sloop Channel.
(b) Effective date. This section is effective from 12:01 a.m. on
January 1, 2005 until 11:59 p.m. on December 31, 2005.
(c) Regulations. (1) In accordance with the general regulations in
165.23 of this part, entry into or movement within this zone is
prohibited unless authorized by the Captain of the Port (COTP), Long
Island Sound.
(3) All persons and vessels shall comply with the instructions of
the COTP, or the designated on-scene U.S. Coast
[[Page 644]]
Guard representative. On-scene Coast Guard patrol personnel include
commissioned, warrant, and petty officers of the Coast Guard on board
Coast Guard, Coast Guard Auxiliary, and local, state, and federal law
enforcement vessels.
[CGD01-04-155, 70 FR 2019, Jan. 12, 2005, as amended by CGD001-05-050,
70 FR 30638, May 27, 2005]
Effective Date Note: By CGD01-04-155, 70 FR 2019, Jan. 12, 2005,
Sec. 165.155 was added, effective from 12:01 a.m. on Jan. 1, 2005 to
11:59 p.m. on May 31, 2005. By CGD01-05-050, 70 FR 30638, May 27, 2005,
paragraph (b) was revised and the effective date was extended until
11:59 p.m. on Dec. 31, 2005.
Sec. 165.100 Regulated Navigation Area: Navigable waters within the
First Coast Guard District.
(a) Regulated navigation area. All navigable waters of the United
States, as that term is used in 33 CFR 2.05-25(a), within the geographic
boundaries of the First Coast Guard District, as defined in 33 CFR 3.05-
1(b).
(b) Definitions. Terms used in this section have the same meaning as
those found in 33 CFR 157.03. Single-hull identifies any tank barge that
is not a double-hull tank barge.
(c) Applicability. This section applies to primary towing vessels
engaged in towing tank barges carrying petroleum oil in bulk as cargo in
the regulated navigation area, or as authorized by the District
Commander.
(d) Regulations--(1) Positive control for barges. (i) Except as
provided in paragraph (d)(1)(iii) of this section, each single-hull tank
barge, unless being towed by a primary towing vessel with twin-screw
propulsion and with a separate system for power to each screw, must be
accompanied by an escort or assist tug of sufficient capability to
promptly push or tow the tank barge away from danger of grounding or
collision in the event of--
(A) A propulsion failure;
(B) A parted towing line;
(C) A loss of tow;
(D) A fire;
(E) Grounding;
(F) A loss of steering; or
(G) Any other casualty that affects the navigation or seaworthiness
of either vessel.
(ii) Double-hull tank barges are exempt from paragraph (d)(1)(i) of
this section.
(iii) The cognizant Captain of the Port (COTP), upon written
application, may authorize an exemption from the requirements of
paragraph (d)(1)(i) of this section for--
(A) Any tank barge with a capacity of less than 25,000 barrels,
operating in an area with limited depth or width such as a creek or
small river; or
(B) Any tank barge operating on any waters within the COTP Zone, if
the operator demonstrates to the satisfaction of the COTP that the barge
employs an equivalent level of safety to that provided by the positive
control provisions of this section. Each request for an exemption under
this paragraph must be submitted in writing to the cognizant COTP no
later than 7 days before the intended transit.
(iv) The operator of a towing vessel engaged in towing any tank
barge must immediately call for an escort or assist tug to render
assistance in the event of any of the occurrences identified in
paragraph (d)(1)(i) of this section.
(2) Enhanced communications. Each vessel engaged in towing a tank
barge must communicate by radio on marine band or Very High Frequency
(VHF) channel 13 or 16, and issue security calls on marine band or VHF
channel 13 or 16, upon approach to the following places:
(i) Execution Rocks Light (USCG Light List No. [LLNR] 21440).
(ii) Matinecock Point Shoal Buoy (LLNR 21420).
(iii) 32A Buoy (LLNR 21380).
(iv) Cable and Anchor Reef Buoy (LLNR 21330).
(v) Stratford Middle Ground Light (LLNR 21260).
(vi) Old Field Point Light (LLNR 21275).
(vii) Approach to Stratford Point from the south (NOAA Chart 12370).
(viii) Falkner Island Light (LLNR 21170).
(ix) TE Buoy (LLNR 21160).
(x) CF Buoy (LLNR 21140).
(xi) PI Buoy (LLNR 21080).
(xii) Race Rock Light (LLNR 19815).
(xiii) Valiant Rock Buoy (LLNR 19825).
[[Page 645]]
(xiv) Approach to Point Judith in vicinity of Block Island ferry
route.
(xv) Buzzards Bay Entrance Light (LLNR 630).
(xvi) Buzzards Bay Midchannel Lighted Buoy (LLNR 16055)
(xvii) Cleveland East Ledge Light (LLNR 16085).
(xviii) Hog Island buoys 1 (LLNR 16130) and 2 (LLNR 16135).
(xix) Approach to the Bourne Bridge.
(xx) Approach to the Sagamore Bridge.
(xxi) Approach to the eastern entrance of Cape Cod Canal.
(3) Voyage planning. (i) Each owner or operator of a towing vessel
employed to tow a tank barge shall prepare a written voyage plan for
each transit of the tank barge.
(ii) The watch officer is authorized to make modifications to the
plan and validate it as necessary.
(iii) Except as provided in paragraph (d)(3)(iv) of this section,
each voyage plan must contain:
(A) A description of the type, volume, and grade of cargo.
(B) Applicable information from nautical charts and publications,
including Coast Pilot, Coast Guard Light List, and Coast Guard Local
Notice to Mariners, for the destination(s).
(C) Current and forecasted weather, including visibility, wind, and
sea state for the destination(s).
(D) Data on tides and tidal currents for the destination(s).
(E) Forward and after drafts of the tank barge, and under-keel and
vertical clearances for each port and berthing area.
(F) Pre-departure checklists.
(G) Calculated speed and estimated times of arrival at proposed
waypoints.
(H) Communication contacts at Vessel Traffic Service (VTS) (if
applicable), bridges, and facilities, and port-specific requirements for
VHF radio.
(I) The master's standing orders detailing closest points of
approach, special conditions, and critical maneuvers.
(iv) Each owner or operator of a tank barge on an intra-port transit
of not more than four hours may prepare a voyage plan that contains:
(A) The information described in paragraphs (d)(3)(iii)(D) and (E)
of this section.
(B) Current weather conditions including visibility, wind, and sea
state. This information may be entered in either the voyage plan or
towing vessel's log book.
(C) The channels of VHF radio to monitor.
(D) Other considerations such as availability of pilot, assist tug,
berth, and line-handlers, depth of berth at mean low water, danger
areas, and security calls.
(4) Navigation restriction areas. Unless authorized by the cognizant
COTP, no tank barge may operate in--
(i) The waters of Cape Cod Bay south of latitude 42[deg]5[min] North
and east of longitude 70[deg]25[min] West; or
(ii) The waters of Fishers Island Sound east of longitude
72[deg]2[min] West, and west of longitude 71[deg]55[min] West.
(e) In addition to the authority for this part 165, this section is
also authorized under authority of section 311, Pub. L. 105-383.
[CGD1-98-151, 63 FR 71770, Dec. 30, 1998, as amended by CGD01-98-151, 64
FR 12749, Mar. 15, 1999; USCG-1999-5832, 64 FR 34715, June 29, 1999;
CGD01-98-151, 65 FR 35838, June 6, 2000]
Sec. 165.101 Kittery, Maine--regulated navigation area.
(a) The following is a regulated navigation area--Waters within the
boundaries of a line beginning at 43[deg]04[min]50[sec] N,
70[deg]44[min]52[sec] W; then to 43[deg]04[min]52[sec] N,
70[deg]44[min]53[sec] W; then to 43[deg]04[min]59[sec] N,
70[deg]44[min]46[sec] W; then to 43[deg]05[min]05[sec] N,
70[deg]44[min]32[sec] W; then to 43[deg]05[min]03[sec] N,
70[deg]44[min]30[sec] W; then to the beginning point.
(b) Regulations--No vessel may operate in this area at a speed in
excess of five miles per hour.
Sec. 165.102 Security Zone: Walkers Point, Kennebunkport ME.
(a) Location. The following area is a security zone: From point of
land located on Cape Arundel at latitude 43[deg]20.4[min] North,
Iongitude 070[deg]28.0[min] West; thence to a point approximately 500
yards southwest of Walkers Point located at latitude 43[deg]20.2[min]
North, longitude 070[deg]27.9[min] West; thence to a point located
approximately 500 yards south of Walkers Point at latitude
43[deg]20.1[min]
[[Page 646]]
North, longitude 070[deg]27.6[min] West; thence to a point located
approximately southeast of Walkers Point at latitude 43[deg]20.4[min]
North, longitude 070[deg]27.2[min] West; thence to an unnamed point of
land located at 43[deg]20.9[min] North, longitude 070[deg]27.1[min]
West; thence along the shoreline of Walkers Point to the beginning
point. The aforementioned offshore positions are approximated by white
buoys marked in orange indicating an exclusionary area.
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port, Portland, Maine. Section 165.33
also contained other general requirements.
(2) No person may swim upon or below the surface of the water within
the boundaries of this security zone.
[CGDI 89-008, 54 FR 13883, Apr. 6, 1989]
Sec. 165.103 Safety and Security Zones; LPG Vessel Transits in
Portland, Maine, Captain of the Port Zone, Portsmouth Harbor,
Portsmouth, New Hampshire.
(a) Location. The following areas are safety and security zones: (1)
Except as provided in paragraph (a) (2) of this section, all navigable
waters of the Portland, Maine, Captain of the Port zone, as defined in
33 CFR 3.05-15, one mile ahead, one half mile astern, and 1000-yards on
either side of any Liquefied Petroleum Gas vessel.
(2) All waters of the Piscataqua River within a 500-yard radius of
any Liquefied Petroleum Gas (LPG) vessel while it is moored at the LPG
receiving facility on the Piscataqua River, Newington, New Hampshire.
(b) Definitions. For purposes of this section, navigable waters of
the United States includes all waters of the territorial sea as
described in Presidential Proclamation No. 5928 of December 27, 1988.
Presidential Proclamation No. 5928 of December 27, 1988 declared that
the territorial sea of the United States extends to 12 nautical miles
from the baseline of the United States.
(c) Regulations. (1) In accordance with the general regulations in
Sec. Sec. 165.23 and 165.33 of this part, entry into or movement within
these zones is prohibited unless previously authorized by the Captain of
the Port (COTP), Portland, Maine.
(2) All persons and vessels shall comply with the instructions of
the COTP or the designated on-scene U.S. Coast Guard patrol personnel.
On-scene Coast Guard patrol personnel include commissioned, warrant, and
petty officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and federal law enforcement vessels.
Emergency response vessels are authorized to move within the zone, but
must abide by restrictions imposed by the Captain of the Port.
(3) No person may swim upon or below the surface of the water within
the boundaries of the safety and security zones unless previously
authorized by the Captain of the Port, Portland, Maine or his authorized
patrol representative.
(d) The Captain of the Port will notify the maritime community and
local agencies of periods during which these safety and security zones
will be in effect by providing notice of arrivals and departures of LPG
vessels via the telephone and/or Marine Safety Information Radio
Broadcasts.
[CGD01-02-045, 67 FR 56487, Sept. 4, 2002]
Sec. 165.104 Safety Zone: Vessel Launches, Bath Iron Works, Kennebec
River, Bath, Maine.
(a) Location. The following is a safety zone: all waters of the
Kennebec River within a 150-yard radius of the Bath Iron Works dry dock
while it is being moved to and from its moored position at the Bath
IronWorks Facility in Bath, Maine to a deployed position in the Kennebec
River, and while launching or recovering vessels.
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into or movement within this zone is
prohibited unless authorized by the Captain of the Port, Portland,
Maine.
(2) All vessel operators shall comply with the instructions of the
COTP or the designated on-scene U. S. Coast Guard patrol personnel. On-
scene Coast Guard patrol personnel include commissioned, warrant and
petty officers of the Coast Guard on board Coast Guard, Coast
GuardAuxiliary, local,
[[Page 647]]
state and federal law enforcement vessels.
(c) Notifications. The Captain of the Port will notify the maritime
community of periods during which this safety zone will be in effect by
providing advance notice via Marine Safety Information RadioBroadcasts.
[CGD01-01-155, 67 FR 49582, July 31, 2002]
Sec. 165.105 Security Zones; Passenger Vessels, Portland, Maine,
Captain of the Port Zone.
(a) Definition. ``Passenger vessel'' as used in this section means a
passenger vessel over 100 gross tons authorized to carry more than 500
passengers for hire making voyages, any part of which is on the high
seas, and for which passengers are embarked, disembarked or pay a port
call, in the Portland, Maine, Captain of the Port zone as delineated in
33 CFR 3.05-15.
(b) Location. The following areas are security zones:
(1) All navigable waters within the Portland, Maine, Captain of the
Port Zone, extending from the surface to the sea floor, within a 100-
yard radius of any passenger vessel that is anchored, moored, or in the
process of mooring.
(2) All navigable waters, within the Portland, Maine, Captain of the
Port Zone, extending from the surface to the sea floor, extending 200
yards ahead, and 100 yards aside and astern of any passenger vessel that
is underway.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into or movement within these zones is
prohibited unless previously authorized by the Coast Guard Captain of
the Port, Portland, Maine (COTP) or his designated representative.
(2) All persons and vessels must comply with the instructions of the
COTP or the designated on-scene Coast Guard patrol personnel. On-scene
Coast Guard patrol personnel include commissioned, warrant and petty
officers of the Coast Guard on board Coast Guard, Coast Guard Auxiliary,
and local, state and federal law enforcement vessels. Emergency response
vessels are authorized to move within the zone, but must abide by
restrictions imposed by the COTP or his designated representative.
(3) No person may swim upon or below the surface of the water within
the boundaries of these security zones unless previously authorized by
the COTP or his designated representative.
(d) Enforcement. The Captain of the Port will enforce these zones
and may enlist the aid and cooperation of any Federal, state, county,
municipal, or private agency to assist in the enforcement of the
regulation.
[CGD01-03-001, 68 FR 22305, Apr. 28, 2003]
Sec. 165.106 Security Zone: Seabrook Nuclear Power Plant, Seabrook,
New Hampshire.
(a) Location. The following area is a security zone: All land and
waters within 250 yards of the waterside property boundary of Seabrook
Nuclear Power Plant identified as follows: beginning at position
42[deg]53[min]58[sec] N, 070[deg]51[min]06[sec] W then running along the
property boundaries of Seabrook Nuclear Power Plant to position
42[deg]53[min]46[sec] N, 070[deg]51[min]06[sec] W. All coordinates
reference 1983 North American Datum (NAD 83).
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into or movement within this zone is
prohibited unless authorized by the Captain of the Port, Portland, Maine
(COTP).
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port, Portland, Maine or designated on-
scene U.S. Coast Guard patrol personnel. On-scene Coast Guard patrol
personnel include commissioned, warrant, and petty officers of the Coast
Guard on board Coast Guard, Coast Guard Auxiliary, local, state and
federal law enforcement vessels.
(3) No person may swim upon or below the surface of the water within
the boundaries of this security zone.
[CGD01-02-092, 67 FR 64815, Oct. 22, 2002]
Sec. 165.110 Safety and Security Zone; Liquefied Natural Gas Carrier
Transits and Anchorage Operations, Boston, Massachusetts.
(a) Definition. For purposes of this section, navigable waters of
the United States includes all waters of the territorial sea as
described in Presidential Proclamation No. 5928 of December 27, 1988.
Presidential Proclamation No.
[[Page 648]]
5928 of December 27, 1988 declared that the territorial sea of the
United States extends to 12 nautical miles from the baseline of the
United States.
(b) Location. The following areas are safety and security zones:
(1) Vessels underway. All navigable waters of the United States
within the Captain of the Port (COTP) Boston zone, as defined in 33 CFR
3.05-10, two miles ahead and one mile astern, and 500 yards on each side
of any liquefied natural gas carrier (LNGC) vessel while underway.
(2) Vessels anchored in the Broad Sound. All waters within a 500-
yard radius of any anchored LNGC vessel located in the waters of Broad
Sound bounded by a line starting at position 42 deg. 25[min] N, 070 deg.
58[min] W; then running southeast to position 42 deg. 22[min] N, 070
deg. 56[min] W; then running east to position 42 deg. 22[min] N, 070
deg. 50[min] W; then running north to position 42 deg. 25[min] N, 070
deg. 50[min] W; then running west back to the starting point (NAD 83).
(3) Vessels moored at the Distrigas LNG facility. All waters within
a 400-yard radius of any LNGC vessel moored at the Distrigas LNG
facility in Everett, MA.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 and Sec. 165.33 of this part, entry into or movement within
these zones is prohibited unless authorized by the Captain of the Port
Boston, or his/her authorized representative.
(2) All vessel operators shall comply with the instructions of the
COTP or his/her designated on-scene U.S. Coast Guard patrol personnel.
On-scene Coast Guard patrol personnel include commissioned, warrant, and
petty officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, local, State, and Federal law enforcement vessels.
(3) No person may enter the waters within the boundaries of the
safety and security zones in this section unless previously authorized
by the Captain of the Port, Boston, or his/her authorized patrol
representative.
[CGD01-02-023, 67 FR 63263, Oct. 11, 2002]
Sec. 165.111 Safety Zone: Boston Harbor, Boston, Massachusetts.
(a) The following areas are established as safety zones during the
conditions specified:
(1) Around the U.S.S. Constitution or any accompanying parade
vessels when Constitution is under way--300 yards in all directions in
the waters around the U.S.S. Constitution and each parade vessel
accompanying Constitution whenever the U.S.S. Constitution is underway
in Boston Harbor from the time such vessels depart their respective
berths until the time they complete their transit and are safely moored.
(2) Whenever Constitution is moored at Pier 1, Charlestown Navy
Yard--the waters between Hoosac Pier and Pier 1, Charlestown Navy Yard,
from the imaginary line connecting the outer easternmost point
protruding into Boston Harbor from Hoosac Pier to the outer westernmost
point protruding into Boston Harbor from Pier 1, Charlestown Navy Yard,
extending inbound along the face of both piers to the landside points
where both piers end.
(3) Around the U.S.S. Constitution--fifty yards in all directions in
the waters around Constitution when the vessel is moored at any Boston
berthing location other than Pier 1, Charlestown Navy Yard.
(b) The general regulations governing safety zones as contained in
33 CFR 165.23 apply.
[CGD1 91-109, 57 FR 30407, July 9, 1992]
Sec. 165.112 Safety Zone: USS CASSIN YOUNG, Boston, Massachusetts.
(a) Location. The following area is a safety zone:
Around the USS CASSIN YOUNG (DD-793) and any accompanying parade
vessels when the USS CASSIN YOUNG is underway. The zone extends 100
yards in all directions in the waters around the USS CASSIN YOUNG and
accompanying parade vessels whenever the USS CASSIN YOUNG is underway in
Boston Harbor from the time the USS CASSIN YOUNG departs its berth until
it is safely moored.
[[Page 649]]
(b) Regulations. The general regulations governing safety zones as
contained in 33 CFR 165.23 apply.
[CGD01-93-001, 58 FR 47991, Sept. 14, 1993]
Sec. 165.113 Security Zone: Dignitary arrival/departure Logan
International Airport, Boston, MA
(a) Location. The permanent security zone consists of four sectors
that may be activated in part, or in whole, upon the request of the U.S.
Secret Service. These zones are for the protection of the President or
Vice President of the United States, as well as visiting heads of
foreign states or foreign governments arriving at, or departing from,
Logan International Airport and as determined by the transit route
across Boston Harbor. The security zone will be as follows:
(1) Sector one will go into effect 15 minutes prior to the scheduled
landing or takeoff of the aircraft carrying either the President, Vice
President, or visiting heads of foreign states or foreign governments at
Logan International Airport. Sector one will preclude all vessels from
approaching within three hundred yards of the Logan International
Airport shoreline, bound on the west by a line drawn between positions
42[deg]22[min]45[sec] N., 071[deg]01[min]05[sec] W. and
42[deg]21[min]48[sec] N., 071[deg]01[min]45[sec] W. (NAD) 1983).
(2) Sector two will go into effect 15 minutes before the vehicle
carrying the President, Vice President, or visiting heads of foreign
states or foreign governments enters the Callahan Tunnel or Sumner
Tunnel. Sector two may preclude vessels, as necessary, from entering an
area of the main ship channel, Boston Inner Harbor; fifty yards in all
directions from a point directly above the Callahan Tunnel or Sumner
Tunnel.
(3) Sector three will go into effect 15 minutes before the vehicle
carrying the President, Vice President, or visiting heads of foreign
states or foreign governments enters the Ted Williams Tunnel. Sector
three may preclude vessels, as necessary, from entering an area of the
main ship channel, Boston Inner Harbor, fifty yards in all directions
from a point directly above the Ted Williams Tunnel.
(4) Sector four will go into effect 15 minutes before the President,
Vice President, or visiting heads of foreign states or foreign
governments board the designated transport vessel. Sector four will
preclude all vessels from approaching within three hundred yards in all
directions from the designated vessel transporting the President, Vice
President, or visiting heads of foreign states or foreign governments
between Logan International Airport and any location in Boston Harbor.
(5) The activation of a particular sector of this security zone will
be announced via Safety Marine Information Broadcasts and/or by locally
issued notices.
(b) Regulations. (1) The general regulations covering security zones
contained in 33 CFR 165.33 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on scene patrol
personnel. Coast Guard patrol personnel include commissioned, warrant,
and petty officers of the Coast Guard. Upon being hailed by a Coast
Guard vessel via siren, radio, flashing light, or other means, the
operator of a vessel shall proceed as directed.
[CGD01-97-004, 63 FR 16117, Apr. 2, 1998]
Sec. 165.114 Safety and Security Zones: Escorted Vessels--Boston Harbor,
Massachusetts.
(a) Location. The following waters within the Boston Captain of the
Port Zone, 1000 yards ahead and astern, and 100 yards on each side of
any designated escorted vessel, are established as safety and security
zones: All waters of Boston Inner Harbor, including the waters of the
Mystic River, Chelsea River, and Reserved Channel west of a line running
from Deer Island Light, at position 42[deg]20[min]25[sec] N,
070[deg]57[min]15[sec] W, to Long Island, at position
42[deg]19[min]48[sec] N, 070[deg]57[min]15[sec] W, and west of the Long
Island Bridge, running from Long Island to Moon Head.
(b) Escorted vessel definition. For the purposes of this section,
escorted vessels operating in Boston Harbor include the following: Any
vessels deemed to be in need of escort protection by the Captain of the
Port, Boston for security reasons.
[[Page 650]]
(c) Regulations. (1) In accordance with the general regulations in
Sec. Sec. 165.23 and 165.33 of this part, entry into or movement within
this zone is prohibited unless authorized by the Captain of the Port
Boston.
(2) All vessel operators shall comply with the instructions of the
COTP or the designated on-scene U.S. Coast Guard patrol personnel. On-
scene Coast Guard patrol personnel include commissioned, warrant, and
petty officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, local, state, and federal law enforcement vessels.
[CGD01-01-227, 67 FR 20912, Apr. 29, 2002, as amended by CGD01-01-227,
67 FR 63265, Oct. 11, 2002]
Sec. 165.115 Safety and Security Zones; Pilgrim Nuclear Power Plant,
Plymouth, Massachusetts.
(a) Location. All waters of Cape Cod Bay and land adjacent to those
waters enclosed by a line beginning at position 41[deg]57[min]5[sec] N,
070[deg]34[min]42[sec] W; then running southeast to position
41[deg]56[min]40.5[sec] N, 070[deg]41[min]4.5[sec] W; then running
southwest to position 41[deg]56[min]32[sec] N, 070[deg]34[min]14[sec] W;
then running northwest to position 41[deg]56[min]55.5[sec] N,
070[deg]34[min]52[sec] W; then running northeast back to position
41[deg]57[min]5[sec] N, 070[deg]34[min]42[sec] W.
(b) Regulations. (1) In accordance with the general regulations in
Sec. Sec. 165.23 and 165.33 of this part, entry into or movement within
these zones is prohibited unless authorized by the Captain of the Port
Boston.
(2) All vessel operators shall comply with the instructions of the
COTP or the designated on-scene U.S. Coast Guard patrol personnel. On-
scene Coast Guard patrol personnel include commissioned, warrant, and
petty officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, local, state, and federal law enforcement vessels.
(3) No person may enter the waters or land area within the
boundaries of the safety and security zones unless previously authorized
by the Captain of the Port, Boston or his authorized patrol
representative.
[CGD01-02-002, 67 FR 37693, May 30, 2002]
Sec. 165.116 Safety and Security Zones; Salem and Boston Harbors,
Massachusetts.
(a) Location. The following areas are permanent safety and security
zones:
(1) Reserved Channel, Boston Harbor. All waters of Boston Harbor
within one hundred fifty (150) yards off the bow and stern and one
hundred (100) yards abeam of any vessel moored at the Massachusetts Port
Authority Black Falcon Terminal;
(2) Boston Inner Harbor. All waters of Boston Harbor within one
hundred (100) feet of the Coast Guard Integrated Support Command (ISC)
Boston piers and;
(3) Salem Harbor. All waters of Salem Harbor within a two-hundred
and fifty (250) yard radius of the center point of the PG & E Power
Plant Terminal Wharf, Salem, MA, located at 42[deg]31.33[min] N,
070[deg]52.67[min] W when a vessel is moored at this pier. All
coordinates are North American Datum 1983.
(b) Effective date. This section becomes effective July 1, 2002.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 and Sec. 165.33 of this part, entry into or movement
within these zones is prohibited unless authorized by the Captain of the
Port Boston.
(2) All vessel operators shall comply with the instructions of the
Captain of the Port or the designated on-scene U.S. Coast Guard patrol
personnel. On-scene Coast Guard patrol personnel include commissioned,
warrant, and petty officers of the Coast Guard on board Coast Guard,
Coast Guard Auxiliary, local, state, and federal law enforcement
vessels.
(3) No person may enter the waters or land area within the
boundaries of the safety and security zones unless previously authorized
by the Captain of the Port, Boston or his authorized patrol
representative.
[CGD01-02-016, 67 FR 45909, July 11, 2002]
Sec. 165.120 Safety Zone: Chelsea River, Boston Inner Harbor, Boston, MA.
(a) Location. The following area is a safety zone: The waters of the
Chelsea River, Boston Inner Harbor, for 100 yards upstream and
downstream of the center of the Chelsea Street Draw span
[[Page 651]]
(in the approximate position of Latitude 42[deg]33[min]10[sec] N.,
Longitude 71[deg]01[min]23[sec] W.).
(b) Regulation. The following standards are the minimum requirements
for transit of the Safety Zone. Additional precautions may be taken by
the pilot and/or person in charge (Master or Operator).
(1) All tankships greater than 1,000 Gross Tons shall be under the
direction and control of the Licensed Federal Pilot. This does not
relieve persons in charge (Masters or Operators) from their ultimate
responsibility for the safe navigation of vessels.
(2) All vessel(s) speed shall be kept to a minimum considering all
factors and the need for optimum vessel control.
(3) Restrictions on size and draft of vessels:
(i) No vessel greater than 661 feet in length (using length overall)
or greater than 90.5 feet in beam (using extreme breadth) shall transit
the Safety Zone.
(ii) No vessel greater than 630.5 feet in length or 85.5 feet or
greater in beam shall transit the Safety Zone during the period between
sunset and sunrise.
(iii) No tankship greater than 550.5 feet in length shall transit
the Safety Zone, either inbound or outbound, with a draft less than 18.0
feet forward and 24.0 feet aft.
(4) Restrictions when the Chelsea River channel is obstructed by
vessel(s) moored at the Northeast Petroleum Terminal located downstream
of the Chelsea Street Bridge on the Chelsea, MA side of the Chelsea
River--hereafter referred to as the Jenny Dock (approximate position
42[deg]23[min]09[sec] N., 71[deg]01[min]31[sec] W.)--or the Mobile Oil
Terminal located on the East Boston Side of the Chelsea River downstream
of the Chelsea Street Bridge (approximate position 42[deg]23[min]05[sec]
N., 71[deg]01[min]31[sec] W.):
(i) When there is a vessel moored at each terminal, no vessel
greater than 300.5 feet in length or greater than 60.5 feet in beam,
shall transit the safety zone.
(ii) When a vessel with a beam greater than 60.5 feet is moored at
either terminal, no vessel greater than 630.5 feet in length or greater
than 85.5 feet in beam shall transit the Safety Zone.
(iii) When a vessel with a beam greater than 85.5 feet is moored at
either terminal, no vessel greater than 550.5 feet in length or greater
than 85.5 feet in beam shall transit the Safety Zone.
(5) Requirements for tug assistance:
(i) All tankships greater than 630.5 feet in length or greater than
85.5 feet in beam shall be assisted by at least four tugs of adequate
horsepower.
(ii) All tankships from 450 feet in length up to and including 630.5
feet in length and less than 85.5 feet in beam shall be assisted by at
least three tugs of adequate horsepower.
(iii) All tug/barge combinations with a tonnage of over 10,000 Gross
Tons (for the barge(s), in all conditions of draft, shall be assisted by
at least one tug of adequate horsepower.
(6) U.S. Certificated integrated tug/barge (ITB) combinations shall
meet the requirements of a tankship of similar length and beam except
that one less assist tug would be required.
(7) Variances from the above standard must be approved in advance by
the Captain of the Port of Boston, MA.
[CCGD1-85-4R, 51 FR 10835, Mar. 31, 1986; 51 FR 23415, June 27, 1986, as
amended by USCG-1998-3799, 63 FR 35532, June 30, 1998]
Sec. 165.121 Safety and Security Zones: High Interest Vessels,
Narragansett Bay, Rhode Island.
(a) Location. (1) All waters of Rhode Island Sound within a \1/2\
mile radius of any high interest vessel while the vessel is anchored
within \1/2\ mile of the point Latitude 41[deg]25[min] N, Longitude
71[deg]23[min] W in the Narragansett Bay Precautionary Area.
(2) All waters of Rhode Island Sound, Narragansett Bay, the
Providence and Taunton Rivers 2 miles ahead and 1 mile astern, and
extending 1000 yards on either side of any high interest vessel
transiting Narragansett Bay, or the Providence and Taunton Rivers.
(3) All waters and land within a 1000-yard radius of any high
interest vessel moored at a waterfront facility in the Providence
Captain of the Port zone.
(b) High interest vessels defined. For purposes of this section,
high interest vessels operating in the Providence Captain of the Port
zone include the following: barges or ships carrying liquefied petroleum
gas (LPG), liquefied natural gas (LNG), chlorine, anhydrous ammonia, or
any other cargo deemed
[[Page 652]]
to be high interest by the Captain of the Port, Providence.
(c) Regulations. (1) Entry into or movement within these zones,
including below the surface of the water, during times in which high
interest vessels are present and the zones are enforced is prohibited
unless authorized by the COTP Providence or authorized representative.
(2) The general regulations covering safety and security zones in
Sec. Sec. 165.23 and 165.33, respectively, of this part apply.
(3) All persons and vessels shall comply with the instructions of
the COTP, and the designated on-scene U.S. Coast Guard personnel. On-
scene Coast Guard patrol personnel include commissioned, warrant, and
petty officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, local, state, and federal law enforcement vessels.
[CGD01-02-065, 67 FR 56224, Sept. 3, 2002]
Sec. 165.122 Providence River, Providence, R.I. regulated navigation
area.
(a) Description of the regulated navigation area (RNA). The
Regulated Navigation Area (RNA) encompasses the deep draft channel
between Narragansett Bay Entrance Lighted Horn Buoy NB (LLNR 17675)
41[deg]23.0[min] N Latitude, 71[deg]23.4[min] W Longitude, and Fox
Point, Providence.
(b) Regulations. (1) The following restrictions apply in the portion
of the regulated area between Conimicut Light (LLNR 18305) and Channel
Light 42 (Fuller Rock Light, (LLNR 18580)).
(i) No vessel with a draft greater than 35 feet may transit when
water depth is at or below mean low water.
(ii) Vessels with drafts greater than 35 feet but less than 38 feet
may transit when water depth is other than that on or below mean low
water, provided there is sufficient depth under the keel to prevent
grounding.
(iii) Vessels with drafts greater than or equal to 38 feet must
obtain permission, 48 hours in advance of the desired transit time, from
the Captain of the Port, Providence to transit.
(2) Vessels with drafts greater than 35 feet must have at least one
mile of visibility to transit the regulated area between Conimicut Light
(LLNR 18305) and Channel Light 42 (LLNR 18580, Fuller Rock Light).
(3) Vessels over 65 feet in length are prohibited from passing,
meeting, or overtaking other vessels over 65 feet in length in the
regulated area from:
(i) Gaspee Point to Channel Light 42, (Fuller Rock Light, LLNR
18580).
(ii) Conimicut Point Reach (Conimicut Light, LLNR 18305) to Channel
Lighted Buoy 19, 41[deg]43.7[min] N Latitude, 71[deg]21.8[min] W
Longitude, (LLNR 18330) and Channel Lighted Buoy 20, 41[deg]43.7[min] N
Latitude, 71[deg]21.8[min] W Longitude, (LLNR 18335).
(4) Vessels over 65 feet in length inbound for berths up the
Providence River, planning to transit through the deep draft channel,
are required to make Safety Signal (SECURITE) calls on both VHF channels
13 and 16 at the following geographic locations: Pilot's Station, Abeam
of Castle Hill, Approaching the Newport bridge, South of Prudence
Island, Abeam of Sandy Point, Abeam of Popasquash Point, Approaching the
Southern End of Rumstick Neck Reach, Abeam of Conimicut Point Light
(LLNR 18305), Abeam of Gaspee Point, Abeam of Sabin Point and upon
mooring.
(5) Vessels over 65 feet in length outbound for sea down the
Providence River Channel transiting through this regulated navigation
area are required to make SECURITE calls on VHF channels 13 and 16 at
the following geographic locations: one-half hour prior to departure
from the berth, at departure from the berth, Abeam of Sabin Point, Abeam
of Gaspee Point, and Abeam of Conimicut Light (LLNR 18305).
(6) Vessels 65 feet and under in length and all recreational vessels
when meeting deep draft commercial vessel traffic in the Providence
River Channel between Conimicut Light (LLNR 18305) and Channel Light 42
(LLNR 18580, Fuller Rock Light) shall keep out of the way of the
oncoming deep draft commercial vessel.
(7) The Captain of the Port, Providence, may authorize a deviation
from these regulations.
(c) Enforcement. Violations of this regulated navigation area should
be reported to the Captain of the Port, Providence, at (401) 435-2300.
Persons in
[[Page 653]]
violation of these regulations will be subject to civil penalty under
Sec. 165.13(b) of this part.
[CGD01-93-030, 59 FR 18489, Apr. 19, 1994]
Sec. 165.130 Sandy Hook Bay, New Jersey--security zone.
(a) Naval Ammunition Depot Piers. The waters within the following
boundaries are a security zone--A line beginning on the shore at
40[deg]25[min]57[sec] N, 74[deg]04[min]32[sec] W; then to
40[deg]27[min]52.5[sec] N, 74[deg]03[min]14.5[sec] W; then to
40[deg]27[min]28.3[sec] N, 74[deg]02[min]12.4[sec] W; then to
40[deg]26[min]29.2[sec] N, 74[deg]02[min]53[sec] W; then to
40[deg]26[min]31.1[sec] N, 74[deg]02[min]57.2[sec] W; then to
40[deg]25[min]27.3[sec] N, 74[deg]03[min]41[sec] W; then along the
shoreline to the beginning point.
(b) Terminal Channel. The waters within the following boundaries are
a security zone--A line beginning at 40[deg]27[min]41.2[sec] N,
74[deg]02[min]46[sec] W; then to 40[deg]28[min]27[sec] N,
74[deg]02[min]17.2[sec] W; then to 40[deg]28[min]21.1[sec] N,
74[deg]02[min]00[sec] W; then to 40[deg]28[min]07.8[sec] N,
74[deg]02[min]22[sec] W; then to 40[deg]27[min]39.8[sec] N,
74[deg]02[min]41.4[sec] W; then to to the beginning.
(c) The following rules apply to the security zone established in
paragraph (b) of this section (Terminal Channel) instead of the rule in
Sec. 165.33(a):
(1) No vessel shall anchor, stop, remain or drift without power at
anytime in the security zone.
(2) No vessel shall enter, cross, or otherwise navigate in the
security zone when a public vessel, or any other vessel, that cannot
safely navigate outside the Terminal Channel, is approaching or leaving
the Naval Ammunition Depot Piers at Leonardo, New Jersey.
(3) Vessels may enter or cross the security zone, except as provided
in paragraph (c)(2) of this section.
(4) No person may swim in the security zone.
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]
Sec. 165.140 New London Harbor, Connecticut--security zone.
(a) Security zones--(1) Security Zone A. The waters of the Thames
River west of the Electric Boat Corporation Shipyard enclosed by a line
beginning at a point on the shoreline at 41[deg]20[min]16[sec] N,
72[deg]04[min]47[sec] W; then running west to 41[deg]20[min]16[sec] N,
72[deg]04[min]57[sec] W; then running north to 41[deg]20[min]26[sec] N,
72[deg]04[min]57[sec] W; then northwest to 41[deg]20[min]28.7[sec] N,
72[deg]05[min]01.7[sec] W; then north-northwest to
41[deg]20[min]53.3[sec] N, 72[deg]05[min]04.8[sec] W; then north-
northeast to 41[deg]21[min]02.9[sec] N, 72[deg]05[min]04.9[sec] W; then
east to a point on shore at 41[deg]21[min]02.9[sec] N,
72[deg]04[min]58.2[sec] W.
(2) Security zone B. The waters of the Thames River, west of the
Naval Submarine Base, New London, CT, enclosed by a line beginning at a
point on the shoreline at 41[deg]23[min]15.8[sec] N.,
72[deg]05[min]17.9[sec] W.; then to 41[deg]23[min]15.8[sec] N.,
72[deg]05[min]22[sec] W.; then to 41[deg]23[min]25.9[sec] N.,
72[deg]05[min]29.9[sec] W.; then to 41[deg]23[min]33.8[sec] N.,
72[deg]05[min]34.7[sec] W.; then to 41[deg]23[min]37.0[sec] N.,
72[deg]05[min]38.0[sec] W.; then to 41[deg]23[min]41.0[sec] N.,
72[deg]05[min]40.3[sec] W.; then to 41[deg]23[min]47.2[sec] N.,
72[deg]05[min]42.3[sec] W.; then to 41[deg]23[min]53.8[sec] N.,
72[deg]05[min]43.7[sec] W.; then to 41[deg]23[min]59.8[sec] N.,
72[deg]05[min]43.0[sec] W.; then to 41[deg]24[min]12.4[sec] N.,
72[deg]05[min]43.2[sec] W.; then to a point on the shoreline at
41[deg]24[min]14.4[sec] N., 72[deg]05[min]38[sec] W.; then along the
shoreline to the point of beginning.
(3) All coordinates are North American Datum 1983.
(b) Special regulation. Section 165.33 does not apply to public
vessels when operating in Security Zone A, or to vessels owned by, under
hire to, or performing work for the Electric Boat Division when
operating in Security Zone A.
[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by COTP 83-01, 48 FR
33264, July 21, 1983; CGD3-83-29, 48 FR 51622, Nov. 10, 1983; CGD3-84-
26, 49 FR 40405, Oct. 16, 1984; CGD3-86-56, 52 FR 17296, May 7, 1987.
Redesignated by CGD 87-008b, 52 FR 25218, July 6, 1987; CDG3 86-56, 52
FR 44107, Nov. 18, 1987; CGD01-97-104, 62 FR 51782, Oct. 3, 1997; CGD01-
03-012, 69 FR 4244, Jan. 29, 2004]
Sec. 165.141 Safety Zone: Sunken vessel EMPIRE KNIGHT, Boon Island, ME.
(a) Location. The following area is a safety zone: All waters of the
Atlantic Ocean within a 1,000 yard radius of the stern section of the
sunken vessel EMPIRE KNIGHT, in approximate position
43[deg]06[min]19[sec] N, 70[deg]27[min]09[sec] W, (NAD 1983) and
extending from the water's surface to the seabed floor.
(b) Effective date. This section is effective on August 23, 1996,
twenty-four hours a day, seven days a week.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) All vessels and persons are prohibited from anchoring, diving,
dredging,
[[Page 654]]
dumping, fishing, trawling, laying cable, or conducting salvage
operations in this zone except as authorized by the Coast Guard Captain
of the Port, Portland, Maine. Innocent transit through the area within
the safety zone is not affected by this regulation and does not require
the authorization of the Captain of the Port.
(3) All persons and vessels shall comply with the instructions of
the COTP or the designated on scene patrol personnel. U.S. Coast Guard
patrol personnel include commissioned, warrant, and petty officers of
the Coast Guard. Upon being hailed by a U.S. Coast Guard vessel via
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
[CGD 01-95-141, 61 FR 60032, Nov. 26, 1996]
Sec. 165.150 New Haven Harbor, Quinnipiac River, Mill River.
(a) The following is a regulated navigation area: The waters
surrounding the Tomlinson Bridge located within a line extending from a
point A at the southeast corner of the Wyatt terminal dock at
41[deg]17[min]50[sec] N, 72[deg]54[min]36[sec] W thence along a line
126[deg]T to point B at the southwest corner of the Gulf facility at
41[deg]17[min]42[sec] N, 72[deg]54[min]21[sec] W thence north along the
shoreline to point C at the northwest corner of the Texaco terminal dock
41[deg]17[min]57[sec] N, 72[deg]54[min]06[sec] W thence along a line
303[deg]T to point D at the west bank of the mouth of the Mill River
41[deg]18[min]05[sec] N, 72[deg]54[min]23[sec] W thence south along the
shoreline to point A.
(b) Regulations. (1) No person may operate a vessel or tow a barge
in this Regulated Navigation Area in violation of these regulations.
(2) Applicability. The regulations apply to barges with a freeboard
greater than ten feet and to any vessel towing or pushing these barges
on outbound transits of the Tomlinson Bridge.
(3) Regulated barges may not transit the bridge--
(i) During the period from one hour to five hours after high water
slack,
(ii) When the wind speed at the bridge is greater than twenty knots,
and
(iii) With the barge being towed on a hawser, stern first.
(4) Regulated barges with a beam greater than fifty feet must be
pushed ahead through the bridge.
(5) If the tug operator does not have a clear view over the barge
when pushing ahead, the operator shall post a lookout on the barge with
a means of communication with the operator.
(6) Regulated barges departing the Mill River may transit the bridge
only between sunrise and sunset. Barges must be pushed ahead of the tug,
bow first, with a second tug standing by to assist at the bow.
(7) Nothing in this section is intended to relieve any person from
complying with:
(i) Applicable Navigation and Pilot Rules for Inland Waters;
(ii) Any other laws or regulations;
(iii) Any order or direction of the Captain of the Port.
(8) The Captain of the Port, New Haven, may issue an authorization
to deviate from any rule in this section if the COTP finds that an
alternate operation can be done safely.
[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 80-069, 47 FR
53368, Nov. 26, 1982. Redesignated by CGD 87-008b, 52 FR 25218, July 6,
1987]
Sec. 165.151 Safety Zones; Long Island Sound annual fireworks displays.
(a) Safety Zones. The following areas are designated safety zones.
All coordinates references 1983 North American Datum (NAD83).
(1) Indian Harbor Yacht Club Fireworks Safety Zone. All waters of
Long Island Sound off Greenwich CT, within a 800-foot radius of the
fireworks barge located in approximate position 41[deg]00[min]35[sec] N,
073[deg]37[min]05[sec] W.
(2) City of Rowayton Fireworks Safety Zone. All waters of Long
Island Sound in Sheffield Channel off of Ballast Reef within a 1000-foot
radius of the fireworks barge located in approximate position
41[deg]03[min]11[sec] N, 073[deg]26[min]41[sec] W.
(3) The Yampol Family Fireworks Safety Zone. All waters of Long
Island Sound off Cold Springs Harbor, Cove Neck New York within a 1200-
foot radius of the fireworks barge located in approximate position
41[deg]53[min]00[sec] N, 073[deg]29[sec] 13[sec] W.
(4) Groton Long Point Yacht Club Fireworks Safety Zone. All waters
of Long
[[Page 655]]
Island Sound off of Groton Long Point, Groton, CT, within a 600-foot
radius of the fireworks barge in approximate position
41[deg]18[min]05[sec] N, 072[deg]02[sec] 08[sec] W.
(5) City of West Haven Fireworks Safety Zone. All waters of New
Haven Harbor on Long Island Sound off Bradley Point within a 1200-foot
radius of the fireworks barge in approximate position
41[deg]15[min]07[sec] N, 072[deg]57[min]26[sec] W.
(6) New Haven Festival Fireworks Safety Zone. All waters of New
Haven Harbor on Long Island Sound within a 1200-foot radius of the
fireworks barge in approximate position 40[deg]17[min]31[sec] N,
072[deg]54[min]48[sec] W.
(7) Madison Cultural Arts Fireworks Safety Zone. All the waters of
Long Island Sound located off the City of Madison within an 800-foot
radius of the fireworks barge in approximate position
41[deg]16[min]10[sec] N, 072[deg]36[min]30[sec] W.
(8) Arnold L. Chase Fireworks Safety Zone. All waters of Connecticut
River within a 600 foot radius of the fireworks barge located in
approximate position 41[deg]15[min]56[sec] N, 072[deg]21[min]49[sec] W,
about 100-yards off Fenwick Pier.
(9) Saybrook Summer Pops Fireworks Safety Zone. All waters of
Connecticut River within a 600-foot radius of the fireworks barge
located in approximate position 41[deg]17[min]35[sec] N,
072[deg]21[min]20[sec] W.
(10) Mashantucket Pequot Fireworks Safety Zone. All waters of Thames
River within a 1200-foot radius of the fireworks barges located in
approximate positions: barge one, 41[deg]21[min]01[sec] N,
072[deg]05[min]25[sec] W, barge two, 41[deg]20[min]58[sec] N,
072[deg]05[min]23[sec] W, barge three, 41[deg]20[min]53[sec] N,
072[deg]05[min]21[sec] W, located off New London, CT.
(11) Harbor Day Fireworks Safety Zone. All waters of Thames River
within a 600-foot radius of the fireworks barge located in approximate
position 41[deg]31[min]14[sec] N, 072[deg]04[min]44[sec] W, located off
American Warf Marina, Norwich, CT.
(12) Riverfest Fireworks Safety Zone. All the waters of the
Connecticut River within a 600-foot radius of the fireworks barge
located in approximate position 41[deg]45[min]34[sec] N,
072[deg]39[min]37[sec] W.
(13) Southampton Fresh Air Home Fireworks Safety Zone. All the
waters of Shinnecock Bay within a 600-foot radius of the fireworks barge
located in approximate position 40[deg]51[min]48[sec] N,
072[deg]28[min]30[sec] W, off of Southampton, NY.
(14) T.E.L. Enterprises Fireworks Safety Zone. All the waters of
Great South Bay within a 600-foot radius of the fireworks barge located
in approximate position 40[deg]41[min]17[sec] N, 073[deg]00[min]20[sec]
W, off of Davis Park, NY.
(15) Patchogue Chamber of Commerce Fireworks Safety Zone. All the
waters of Great South Bay within an 800-foot radius of the fireworks
barge located in approximate position 40[deg]44[min]38[sec] N,
073[deg]00[min]33[sec] W, off of Patchogue, NY.
(16) Fire Island Tourist Bureau Fireworks Safety Zone. All the
waters of Great South Bay within a 600-foot radius of the fireworks
barge located in approximate position 40[deg]35[min]45[sec] N,
073[deg]05[min]23[sec] W, off of Cherry Cove, NY.
(17) Treibeck's Party Fireworks Safety Zone. All the waters of the
Atlantic Ocean within a 1200-foot radius of the fireworks barge located
in approximate position 40[deg]54[min]04[sec] N, 072[deg]16[min]50[sec]
W, off of Sagaponack, NY.
(b) Notification. Coast Guard Group/Marine Safety Office Long Island
Sound and Coast Guard Group Moriches will cause notice of the activation
of these safety zones to be made by all appropriate means to effect the
widest publicity among the affected segments of the public, including
publication in the local notice to mariners, marine information
broadcasts, and facsimile. Fireworks barges used in these locations will
also have a sign on their port and starboard side labeled ``FIREWORKS--
STAY AWAY'' with the same dimensions listed previously.
(c) Enforcement period. Specific zones in this section will be
enforced from 8 p.m. to 11 p.m. (e.s.t.) each day a barge with a
``FIREWORKS--STAY AWAY'' sign is posted in that zone.
(d) Regulations. Vessels may not enter, remain in, or transit
through the safety zones in this section during the enforcement period
unless authorized by the Captain of the Port Long Island Sound or
designated Coast Guard patrol personnel on scene.
[CGD01-01-077, 67 FR 22352, May 3, 2002, as amended by USCG-2003-15404,
68 FR 37741, June 25, 2003; 68 FR 40024, July 3, 2003]
[[Page 656]]
Sec. 165.152 Coast Guard Station Fire Island, Long Island, New
York--safety zone.
(a) Location. The following waters of Fire Island Inlet are a safety
zone: Beginning at a point on shore at 40[deg]37.523[min] N,
073[deg]15.685[min] W; then north to 40[deg]37.593[min] N,
073[deg]15.719[min] W; then east to 40[deg]37.612[min] N,
073[deg]15.664[min] W; then east to 40[deg]37.630[min] N,
073[deg]15.610[min] W; then east to 40[deg]37.641[min] N,
073[deg]15.558[min] W; then southeast to 40[deg]37.630[min] N,
073[deg]15.475[min] W; then southeast to 40[deg]37.625[min] N, 073-
15.369[min] W; then southeast to 40[deg]37.627[min] N,
073[deg]15.318[min] W; then southeast to point on shore at
40[deg]37.565[min] N, 073[deg]15.346[min] W. All coordinates are North
American Datum 1983.
(b) Regulations. (1) The general regulations contained in 33 CFR
Sec. 165.23 apply.
(2) All persons and vessels must comply with the Coast Guard Captain
of the Port or designated on-scene patrol personnel. On-scene Coast
Guard patrol personnel include commissioned, warrant, and petty officers
of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, and
local, state, and federal law enforcement vessels. Upon being hailed by
siren, radio, flashing light or other means from a U.S. Coast Guard
vessel or other vessel with on-scene patrol personnel aboard, the
operator of the vessel shall proceed as directed.
[CGD01-03-025, 69 FR 26045, May 11, 2004]
Sec. 165.153 Regulated Navigation Area: Long Island Sound Marine
Inspection and Captain of the Port Zone.
(a) Regulated Navigation Area location. All waters of the Long
Island Sound Marine Inspection and Captain of the Port (COTP) Zone, as
delineated in 33 CFR 3.05-35, extending seaward 12 nautical miles from
the territorial sea baseline, are established as a regulated navigation
area (RNA).
(b) Applicability. This section applies to all vessels operating
within the RNA excluding public vessels.
(c) Definitions. The following definitions apply to this section:
Commercial service means any type of trade or business involving the
transportation of goods or individuals, except service performed by a
combatant vessel.
Ferry means a vessel that:
(1) Operates in other than ocean or coastwise service;
(2) Has provisions only for deck passengers or vehicles, or both;
(3) Operates on a short run on a frequent schedule between two
points over the most direct water route; and
(4) Offers a public service of a type normally attributed to a
bridge or tunnel.
Public vessels means vessels owned or bareboat chartered and
operated by the United States, or by a State or political subdivision
thereof, or by a foreign nation, except when such vessel is engaged in
commercial service.
Territorial sea baseline means the line defining the shoreward
extent of the territorial sea of the United States drawn according to
the principles, as recognized by the United States, of the Convention on
the Territorial Sea and the Contiguous Zone, 15 U.S.T. 1606, and the
1982 United Nations Convention on the Law of the Sea (UNCLOS), 21 I.L.M.
1261. Normally, the territorial sea baseline is the mean low water line
along the coast of the United States.
(d) Regulations. (1) Speed restrictions in the vicinity of Naval
Submarine Base New London and Lower Thames River. Unless authorized by
the Captain of the Port (COTP), vessels of 300 gross tons or more may
not proceed at a speed in excess of eight knots in the Thames River from
New London Harbor channel buoys 7 and 8 (Light List numbers 21875 and
21880 respectively) north through the upper limit of the Naval Submarine
Base New London Restricted Area, as that area is specified in 33 CFR
334.75(a). The U.S. Navy and other Federal, State and municipal agencies
may assist the U.S. Coast Guard in the enforcement of this rule.
(2) Enhanced communications. Vessels of 300 gross tons or more and
all vessels engaged in towing barges must issue securit[eacute] calls on
marine band or Very High Frequency (VHF) radio channel 16 upon approach
to the following locations:
(i) Inbound approach to Cerberus Shoal; and
(ii) Outbound approach to Race Rock Light (USCG Light List No.
19815).
(3) All vessels operating within the RNA that are bound for a port
or place located in the United States or that
[[Page 657]]
must transit the internal waters of the United States, must be inspected
to the satisfaction of the U. S. Coast Guard, before entering waters
within three nautical miles from the territorial sea baseline. Vessels
awaiting inspection will be required to anchor in the manner directed by
the COTP. This section does not apply to vessels operating exclusively
within the Long Island Sound Marine Inspection and COTP Zone, vessels on
a single voyage which depart from and return to the same port or place
within the RNA, all towing vessels engaged in coastwise trade, vessels
in innocent passage not bound for a port or place subject to the
jurisdiction of the United States, and all vessels not engaged in
commercial service whose last port of call was in the United States.
Vessels requiring inspection by the COTP may contact the COTP via marine
band or Very High Frequency (VHF) channel 16, telephone at (203) 468-
4401, facsimile at (203) 468-4418, or letter addressed to Captain of the
Port, Long Island Sound, 120 Woodward Ave., New Haven, CT 06512.
(4) All vessels operating within the RNA that are bound for a port
or place located in the United States or that must transit the internal
waters of the United States, must obtain authorization from the Captain
of the Port (COTP) before entering waters within three nautical miles
from the territorial sea baseline. Vessels awaiting COTP authorization
to enter waters within three nautical miles from the territorial sea
baseline will be required to anchor in the manner directed by the COTP.
This section does not apply to vessels operating exclusively within the
Long Island Sound Marine Inspection and COTP Zone, vessels on a single
voyage which depart from and return to the same port or place within the
RNA, all towing vessels engaged in coastwise trade, vessels in innocent
passage not bound for a port or place subject to the jurisdiction of the
United States, and all vessels not engaged in commercial service whose
last port of call was in the United States. Vessels may request
authorization from the COTP by contacting the COTP via marine band or
Very High Frequency (VHF) channel 16, telephone at (203) 468-4401,
facsimile at (203) 468-4418, or letter addressed to Captain of the Port,
Long Island Sound, 120 Woodward Ave., New Haven, CT 06512.
(5) Vessels over 1,600 gross tons operating in the RNA within three
nautical miles from the territorial sea baseline that are bound for a
port or place located in the United States or that must transit the
internal waters of the United States must receive authorization from the
COTP prior to transiting or any intentional vessel movements, including,
but not limited to, shifting berths, departing anchorage, or getting
underway from a mooring. This section does not apply to vessels in
innocent passage not bound for a port or place subject to the
jurisdiction of the United States.
(6) Ferry vessels. Vessels of 300 gross tons or more are prohibited
from entering all waters within a 1200-yard radius of any ferry vessel
transiting in any portion of the Long Island Sound Marine Inspection and
COTP Zone without first obtaining the express prior authorization of the
ferry vessel licensed operator, licensed master, COTP, or the designated
COTP on-scene patrol.
(7) Vessels engaged in commercial service. No vessel may enter
within a 100-yard radius of any vessel engaged in commercial service
while that vessel is transiting, moored, or berthed in any portion of
the Long Island Sound Marine Inspection and COTP zone, without the
express prior authorization of the vessel's licensed operator, master,
COTP, or the designated COTP on-scene representative.
(8) Bridge foundations. Any vessel operating beneath a bridge must
make a direct, immediate and expeditious passage beneath the bridge
while remaining within the navigable channel. No vessel may stop, moor,
anchor or loiter beneath a bridge at any time. No vessel may approach
within a 25-yard radius of any bridge foundation, support, stanchion,
pier or abutment except as required for the direct, immediate and
expeditious transit beneath a bridge.
(9) This section does not relieve any vessel from compliance with
applicable navigation rules.
[CGD01-02-104, 68 FR 48802, Aug. 15, 2003]
[[Page 658]]
Sec. 165.154 Safety and Security Zones: Long Island Sound Marine
Inspection Zone and Captain of the Port Zone.
(a) Safety and security zones. The following areas are safety and
security zones:
(1) Dominion Millstone Nuclear Power Plant Safety and Security
Zones. (i) All waters north and north east of a line running from Bay
Point, at approximate position 41-18.57 N, 072-10.41 W, to Millstone
Point at approximate position 41-18.25 N, 072-09.96 W.
(ii) All waters west of a line starting at 41-18.700 N, 072-09.650
W, running south to the eastern most point of Fox Island at approximate
position 41-18.400 N, 072-09.660 W. All coordinates are North American
Datum 1983.
(2) Coast Guard Vessels Safety and Security Zones. All waters within
a 100-yard radius of any anchored Coast Guard vessel. For the purposes
of this section, Coast Guard vessels includes any commissioned vessel or
small boat in the service of the regular Coast Guard and does not
include Coast Guard Auxiliary vessels.
(b) Regulations. (1) The general regulations contained in Sec.
165.23 and Sec. 165.33 of this part apply.
(2) In accordance with the general regulations in Sec. 165.23 and
Sec. 165.33 of this part, entry into or movement within this zone is
prohibited unless authorized by the Captain of the Port Long, Island
Sound.
(3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or on-scene patrol personnel. These
personnel comprise commissioned, warrant, and petty officers of the
Coast Guard. Upon being hailed by a U. S. Coast Guard vessel by siren,
radio, flashing light, or other means, the operator of a vessel shall
proceed as directed.
[CGD01-02-104, 68 FR 48803, Aug. 15, 2003]
Sec. 165.155 Northville Industries Offshore Platform, Riverhead, Long
Island, New York-- safety zone.
(a) The following area is established as a safety zone during the
specified condition:
(1) The waters within a 500 yard radius of the Northville Industries
Offshore Platform, Long Island, New York, 1 mile North of the Riverhead
shoreline at 41[deg]00[sec] N, 072[deg]38[sec] W, while a Liquefied
Petroleum Gas (LPG) vessel is moored at the Offshore Platform. The
safety zone remains in effect until the LPG vessel departs the Offshore
Platform.
(b) The general regulations governing safety zone contained in 33
CFR 165.23 apply.
(c) The Captain of the Port will notify the maritime community of
periods during which this safety zone will be in effect by providing
notice of scheduled moorings at the Northville Industries Offshore
Platform of LPG vessels via Marine Safety Information Radio Broadcast.
[CGD3 85-86, 51 FR 37181, Oct. 20, 1986. Redesignated by CGD 87-008b, 52
FR 25218, July 6, 1987]
Sec. 165.160 Safety and Security Zones: Liquefied Hazardous Gas Vessel,
Liquefied Hazardous Gas Facility and Designated Vessel Transits, New
York Marine
Inspection Zone and Captain of the Port Zone.
(a) Location. The following areas are safety and security zones:
(1) All waters of the New York Marine Inspection Zone and Captain of
the Port Zone within a 200-yard radius of any Liquefied Hazardous Gas
(LHG) vessel or LHG facility.
(2) All waters of the New York Marine Inspection Zone and Captain of
the Port Zone within a 100-yard radius of any Designated Vessels.
(b) Designated Vessels (DVs). For the purposes of this section, DVs
are: Vessels certificated to carry 500 or more passengers; vessels
carrying government officials or dignitaries requiring protection by the
U.S. Secret Service, or other Federal, State or local law enforcement
agency; and barges or ships carrying petroleum products, chemicals, or
other hazardous cargo.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.23 and 165.33 apply.
(2) All persons and vessels must comply with the instructions of the
Coast Guard Captain of the Port or the designated on-scene patrol
personnel. These personnel comprise commissioned, warrant, and petty
officers of the Coast Guard onboard Coast Guard,
[[Page 659]]
Coast Guard Auxiliary, local, state, and federal law enforcement
vessels. Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
(3) The Captain of the Port will notify the maritime community of
periods during which these zones will be enforced by methods in
accordance with 33 CFR 165.7 and will identify DV vessel transits by way
of electronic mail broadcast.
[CGD01-02-132, 68 FR 2890, Jan. 22, 2003]
Sec. 165.161 Safety zones: Coast Guard activities New York annual
fireworks displays.
(a) Safety zones. The following areas are designated safety zones:
(1) North Hempstead, NY, fireworks, Hempstead Harbor:
(i) Location. All waters of Hempstead Harbor within a 300-yard
radius of the fireworks barge in approximate position
40[deg]49[min]54[sec] N 073[deg]39[min]14[sec] W (NAD 1983), about 360
yards north of Bar Beach, Hempstead Harbor.
(ii) Effective period. Paragraph (a)(1)(i) of this section is in
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the Friday
before Memorial Day, and the Saturday after Labor Day. If the event is
cancelled due to inclement weather, then paragraph (a)(1)(i) of this
section is effective from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the
Saturday before Memorial Day and the Sunday after Labor Day.
(2) Seaport Memorial Day fireworks, East River, NY:
(i) Location. All waters of the East River south of the Brooklyn
Bridge and north of a line drawn from the southwest corner of Pier 3,
Brooklyn, to the northeast corner of Pier 6, Manhattan.
(ii) Effective period. Paragraph (a)(2)(i) of this section is in
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on Memorial Day.
If the event is cancelled due to inclement weather, then paragraph
(a)(2)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m.
(e.s.t.) on the day following Memorial Day.
(3) Highlands, NJ, fireworks, Sandy Hook Bay:
(i) Location. All waters of Sandy Hook Bay within a 150-yard radius
of the fireworks barge in approximate position 40[deg]24[min]33.8[sec] N
073[deg]59[min]46.2[sec] W (NAD 1983), about 1,200 yards west of Plum
Island.
(ii) Effective period. Paragraph (a)(3)(i) of this section is in
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the Saturday
before Father's Day. If the event is cancelled due to inclement weather,
then paragraph (a)(3)(i) of this section is effective from 8 p.m.
(e.s.t.) to 1 a.m. (e.s.t.) on Father's Day.
(4) Kingston, NY, fireworks, Rondout Creek:
(i) Location. All waters of Rondout Creek between the Kingston-Port
Ewen Bridge (mile 1.1) and the Kingston-US 9 Bridge (mile 1.3).
(ii) Effective period. Paragraph (a)(4)(i) of this section is in
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the Saturday
and Sunday before July 4th.
(5) Staten Island July 3rd fireworks, Arthur Kill:
(i) Location. All waters of the Arthur Kill, Ward Point Bend (West),
and the Raritan River Cutoff, within a 300-yard radius of the fireworks
barge in approximate position 40[deg]30[min]18[sec] N
074[deg]15[min]30[sec] W (NAD 1983), about 300 yards west of Conference
House Park, Staten Island.
(ii) Effective period. Paragraph (a)(5)(i) of this section is in
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on July 3rd. If
the event is cancelled due to inclement weather, then paragraph
(a)(5)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m.
(e.s.t.) on July 4th and July 5th.
(6) Red Bank, NJ, July 3rd fireworks, Navesink River:
(i) Location. All waters of the Navesink River within a 360-yard
radius of the fireworks barge in approximate position
40[deg]21[min]20[sec] N 074[deg]04[min]10[sec] W (NAD 1983), about 360
yards northwest of Red Bank, NJ.
(ii) Effective period. Paragraph (a)(6)(i) of this section is in
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on July 3rd. If
the event is cancelled due to inclement weather, then paragraph
(a)(6)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m.
(e.s.t.) on July 4th.
(7) Burlington, VT, July 3rd fireworks, Burlington Bay:
[[Page 660]]
(i) Location. All waters of Burlington Bay within a 300-yard radius
of the fireworks barge in approximate position 44[deg]28[min]30.6[sec] N
073[deg]13[min]31.3[sec] W (NAD 1983), beside the Burlington Bay
Breakwater.
(ii) Effective period. Paragraph (a)(7)(i) of this section is in
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on July 3rd. If
the event is cancelled due to inclement weather, then paragraph
(a)(7)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m.
(e.s.t.) on the following two Fridays and Saturdays.
(8) Rensselaer, NY, fireworks, Hudson River:
(i) Location. All waters of the Hudson River within a 180-yard
radius of the fireworks barge in approximate position
42[deg]38[min]23[sec] N 073[deg]44[min]59.1[sec] W (NAD 1983), about 480
yards south of the Dunn Memorial Bridge (mile 145.4).
(ii) Effective period. Paragraph (a)(8)(i) of this section is in
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the first and
second Saturday in August. If the event is cancelled due to inclement
weather, then paragraph (a)(8)(i) of this section is effective from 8
p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the first and second Sunday in
August.
(9) Staten Island Labor Day fireworks, Arthur Kill:
(i) Location. All waters of the Arthur Kill, Ward Point Bend (West),
and the Raritan River Cutoff, within a 300-yard radius of the fireworks
barge in approximate position 40[deg]30[min]18[sec] N
074[deg]15[min]30[sec] W (NAD 1983), about 300 yards west of Conference
House Park, Staten Island.
(ii) Effective period. Paragraph (a)(9)(i) of this section is in
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the Saturday
before Labor Day. If the event is cancelled due to inclement weather,
then paragraph (a)(9)(i) of this section is effective from 8 p.m.
(e.s.t.) to 1 a.m. (e.s.t.) on the Sunday and Monday of Labor Day
Weekend.
(10) Seaport Labor Day fireworks, East River, NY:
(i) Location. All waters of the East River south of the Brooklyn
Bridge and north of a line drawn from the southwest corner of Pier 3,
Brooklyn, to the northeast corner of Pier 6, Manhattan.
(ii) Effective period. Paragraph (a)(10)(i) of this section is in
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on Labor Day. If
the event is cancelled due to inclement weather, then paragraph
(a)(10)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m.
(e.s.t.) on the day following Labor Day.
(11) Deepavali Festival fireworks, East River, NY:
(i) Location. All waters of the East River south of the Brooklyn
Bridge and north of a line drawn from the southwest corner of Pier 3,
Brooklyn, to the northeast corner of Pier 6, Manhattan.
(ii) Effective period. Paragraph (a)(11)(i) of this section is in
effect annually from 6 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the first
Sunday in October. If the event is cancelled due to inclement weather,
then paragraph (a)(11)(i) of this section is effective from 6 p.m.
(e.s.t.) to 1 a.m. (e.s.t.) on the first Monday in October.
(12) Seaport New Year's Eve fireworks, East River, NY:
(i) Location. All waters of the East River south of the Brooklyn
Bridge and north of a line drawn from the southwest corner of Pier 3,
Brooklyn, to the northeast corner of Pier 6, Manhattan.
(ii) Effective period. Paragraph (a)(12)(i) of this section is in
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on New Year's
Eve. If the event is cancelled due to inclement weather, then paragraph
(a)(12)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m.
(e.s.t.) on the day following New Year's Eve.
(b) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on-scene-patrol
personnel. These personnel comprise commissioned, warrant, and petty
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing light, or other means, the operator of
a vessel shall proceed as directed.
[CGD 01-00-227, 66 FR 6479, Jan. 22, 2001]
[[Page 661]]
Sec. 165.162 Safety Zone: New York Super Boat Race, Hudson River,
New York.
(a) Regulated Area. The following area is a safety zone: All waters
of the Lower Hudson River south of a line drawn from the northwest
corner of Pier 76 in Manhattan to a point on the New Jersey shore in
Weehawken, New Jersey at approximate position 40[deg]45[min]52[sec] N
074[deg]01[min]01[sec] W (NAD 1983) and north of a line connecting the
following points (all coordinates are NAD 1983):
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40[deg]42[min]16.0[sec] N 074[deg]01[min]09.0[sec] W, then
south to
40[deg]41[min]55.0[sec] N 074[deg]01[min]16.0[sec] W, then
west to
40[deg]41[min]47.0[sec] N 074[deg]01[min]36.0[sec] W, then
northwest to
40[deg]41[min]55.0[sec] N 074[deg]01[min]59.0[sec] W, then to
shore at
40[deg]42[min]20.5[sec] N 074[deg]02[min]06.0[sec] W.
------------------------------------------------------------------------
(b) Regulations. (1) Vessels not participating in this event,
swimmers, and personal watercraft of any nature are prohibited from
entering or moving within the regulated area unless authorized by the
Patrol Commander.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designed on-scene-patrol
personnel. These personnel comprise commissioned, warrant, and petty
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing light, or other means, the operator of
a vessel shall proceed as directed.
(c) Effective period. This section is in effect annually from 10
a.m. until 4 p.m. on the Sunday following Labor Day.
[CGD01-98-175, 64 FR 31984, June 15, 1999]
Sec. 165.163 Safety Zones; Port of New York/New Jersey Fleet Week.
(a) The following areas are established as safety zones:
(1) Safety Zone A--(i) Location. A moving safety zone for the Parade
of Ships including all waters 500 yards ahead and astern, and 200 yards
of each side of the designated column of parade vessels as it transits
the Port of New York and New Jersey from the Verrazano Narrows Bridge to
Riverside State Park on the Hudson River between West 137th and West
144th Streets, Manhattan.
(ii) Enforcement period. Paragraph (a)(1)(i) of this section is
enforced annually from 8 a.m. until 5 p.m. on the Wednesday before
Memorial Day.
(2) Safety Zone B--(i) Location. A safety zone including all waters
of the Hudson River between Piers 83 and 90, Manhattan, from the parade
column east to the Manhattan shoreline.
(ii) Enforcement period. Paragraph (a)(2)(i) of this section is
enforced annually from 8 a.m. until 5 p.m. on the Wednesday before
Memorial Day.
(3) Safety Zone C--
(i) Location. A moving safety zone including all waters of the
Hudson River within a 200-yard radius of each parade vessel upon its
leaving the parade of ships until it is safely berthed.
(ii) Enforcement period. Paragraph (a)(3)(i) of this section is
enforced annually from 8 a.m. until 5 p.m. on the Wednesday before
Memorial Day.
(4) Safety Zone D--
(i) Location. A safety zone including all waters of the Hudson River
bound by the following points: from the southeast corner of Pier 90,
Manhattan, where it intersects the seawall, west to approximate position
40[deg]46[min]10[sec] N 074[deg]00[min]13[sec] W (NAD 1983), south to
approximate position 40[deg]45[min]54[sec] N 074[deg]00[min]25[sec] W
(NAD 1983), then east to the northeast corner of Pier 83 where it
intersects the seawall.
(ii) Enforcement period. Paragraph (a)(4)(i) of this section is
enforced annually from 10 a.m. until 5 p.m., from Friday through Monday,
Memorial Day weekend.
(5) Safety Zone E--
(i) Location. A moving safety zone including all waters 500 yards
ahead and astern, and 200 yards on each side of the departing U.S. Navy
Aircraft or Helicopter Carrier as it transits the Port of New York and
New Jersey from its mooring at the Intrepid Sea, Air and Space Museum,
Manhattan, to the COLREGS Demarcation line at Ambrose Channel Entrance
Lighted Bell Buoy 2 (LLNR 34805).
(ii) Enforcement period. Paragraph (a)(5)(i) of this section is
enforced annually on the Wednesday following Memorial Day. Departure
time is dependent on tide, weather, and granting of
[[Page 662]]
authority for departure by the Captain of the Port, New York.
(b) Effective period. This section is effective annually from 8 a.m.
on the Wednesday before Memorial Day until 4 p.m. on the Wednesday
following Memorial Day.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on-scene-patrol
personnel. these personnel comprise commissioned, warrant, and petty
officers of the Coast Guard. Upon being hailed by a U. S. Coast Guard
vessel by siren, radio, flashing light, or other means, the operator of
a vessel shall proceed as directed.
[CGD1-98-170, 64 FR 24946, May 10, 1999]
Sec. 165.164 Security Zones: Dignitary Arrival/Departure and United
Nations Meetings, New York, NY.
(a) The following areas are established as security zones:
(1) Location. Wall Street heliport: All waters of the East River
within the following boundaries: East of a line drawn between
approximate position 40[deg]42[min]01[sec] N 074[deg]00[min]39[sec] W
(east of The Battery) to 40[deg]41[min]36[sec] N 074[deg]00[min]52[sec]
W (NAD 1983) (point north of Governors Island) and north of a line drawn
from the point north of Governors Island to the southwest corner of Pier
7 North, Brooklyn; and south of a line drawn between the northeast
corner of Pier 13, Manhattan, and the northwest corner of Pier 2 North,
Brooklyn.
(2) [Reserved]
(3) Location. Marine Air Terminal, La Guardia Airport: All waters of
Bowery Bay, Queens, New York, south of a line drawn from the western end
of La Guardia Airport at approximate position 40[deg]46[min]47[sec] N
073[deg]53[min]05[sec] W (NAD 1983) to the Rikers Island Bridge at
approximate position 40[deg]46[min]51[sec] N 073[deg]53[min]21[sec] W
(NAD 1983) and east of a line drawn between the point at the Rikers
Island Bridge to a point on the shore in Queens, New York, at
approximate position 40[deg]46[min]36[sec] N 073[deg]53[min]31[sec] W
(NAD 1983).
(4) Location. All waters of the East River bound by the following
points: 40[deg]44[min]37[sec] N, 073[deg]58[min]16.5[sec] W (the base of
East 35th Street, Manhattan), then east to 40[deg]44[min]34.5[sec] N,
073[deg]58[min]10.5[sec] W (about 175 yards offshore of Manhattan), then
northeasterly to 40[deg]45[min]29[sec] N, 073[deg]57[min]26.5[sec] W
(about 125 yards offshore of Manhattan at the Queensboro Bridge), then
northwesterly to 40[deg]45[min]31[sec] N, 073[deg]57[min]30.5[sec] W
(Manhattan shoreline at the Queensboro Bridge), then southerly to the
starting point at 40[deg]44[min]37[sec] N, 073[deg]58[min]16.5[sec] W.
All nautical positions are based on North American Datum of 1983.
(5) Location. All waters of the East River north of a line drawn
from approximate position 40[deg]44[min]37[sec] N,
073[deg]58[min]16.5[sec] W (the base of East 35th Street, Manhattan), to
approximate position 40[deg]44[min]23[sec] N, 073[deg]57[min]44.5[sec] W
(Hunters Point, Long Island City), and south of the Queensboro Bridge.
All nautical positions are based on North American Datum of 1983.
(6) The security zone will be activated 30 minutes before the
dignitaries' arrival into the zone and remain in effect until 15 minutes
after the dignitaries' departure from the zone.
(7) The activation of a particular zone will be announced by
facsimile and marine information broadcasts.
(b) Regulations. (1) The general regulations contained in 33 CFR
165.33 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on-scene-patrol
personnel. These personnel comprise commissioned, warrant, and petty
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard
vessel using siren, radio, flashing light, or other means, the operator
of a vessel shall proceed as directed.
[CGD01-98-006, 64 FR 24948, May 10, 1999, as amended by CGD01-00-146, 65
FR 47320, Aug. 2, 2000]
Sec. 165.165 Regulated Navigation Area; Kill Van Kull Channel, Newark
Bay Channel, South Elizabeth Channel, Elizabeth Channel, Port Newark
Channel and New
Jersey Pierhead Channel, New York and New Jersey.
(a) Regulated Navigation Area (RNA). All waters of the Kill Van Kull
(KVK) Channel east of KVK Light 16A (LLNR
[[Page 663]]
37340) in North of Shooters Island Reach, east of Shooters Island Light
2 (LLNR 37375) in South of Shooters Island Reach, and west of KVK
Channel Junction Lighted Bell Buoy `KV' (LLNR 37265) in Constable Hook
Reach; all waters of Newark Bay Channel south of Newark Bay Light 19
(LLNR 37505); all waters of South Elizabeth Channel, Elizabeth Channel,
Port Newark Channel, and New Jersey Pierhead Channel south of New Jersey
Pierhead South Channel Lighted Buoy 5 (LLNR 37020).
(b) Description of Work Areas in the RNA. (1) Work Area (1): The
waters bounded by a line connecting the following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40[deg]38[min]40.0[sec] N 074[deg]03[min]45.0[sec] W
40[deg]38[min]50.4[sec] N 074[deg]04[min]16.0[sec] W
40[deg]38[min]57.9[sec] N 074[deg]04[min]11.8[sec] W
40[deg]39[min]03.8[sec] N 074[deg]04[min]43.8[sec] W
40[deg]39[min]04.5[sec] N 074[deg]05[min]07.6[sec] W
40[deg]39[min]01.8[sec] N 074[deg]05[min]14.8[sec] W
40[deg]39[min]05.0[sec] N 074[deg]05[min]17.1[sec] W
40[deg]39[min]10.3[sec] N 074[deg]05[min]05.0[sec] W
40[deg]39[min]09.3[sec] N 074[deg]04[min]27.8[sec] W
40[deg]39[min]00.2[sec] N 074[deg]03[min]45.1[sec] W
40[deg]38[min]58.0[sec] N 074[deg]03[min]34.9[sec] W
40[deg]38[min]40.0[sec] N 074[deg]03[min]45.0[sec] W
------------------------------------------------------------------------
(2) Work Area (2): The waters bounded by a line connecting the
following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40[deg]38[min]50.4[sec] N 074[deg]04[min]16.0[sec] W
40[deg]38[min]57.5[sec] N 074[deg]04[min]37.8[sec] W
40[deg]38[min]59.2[sec] N 074[deg]04[min]55.4[sec] W
40[deg]38[min]57.4[sec] N 074[deg]05[min]12.9[sec] W
40[deg]38[min]47.5[sec] N 074[deg]05[min]33.8[sec] W
40[deg]38[min]45.8[sec] N 074[deg]05[min]43.6[sec] W
40[deg]38[min]49.4[sec] N 074[deg]05[min]44.7[sec] W
40[deg]38[min]51.0[sec] N 074[deg]05[min]35.7[sec] W
40[deg]39[min]04.7[sec] N 074[deg]05[min]06.6[sec] W
40[deg]39[min]03.7[sec] N 074[deg]04[min]29.5[sec] W
40[deg]38[min]57.9[sec] N 074[deg]04[min]11.8[sec] W
40[deg]38[min]50.4[sec] N 074[deg]04[min]16.0[sec] W
------------------------------------------------------------------------
(3) Work Area (3): The waters bounded by a line connecting the
following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40[deg]38[min]45.8[sec] N 074[deg]05[min]43.6[sec] W
40[deg]38[min]49.4[sec] N 074[deg]05[min]44.7[sec] W
40[deg]38[min]51.2[sec] N 074[deg]05[min]35[sec] W
40[deg]39[min]01.8[sec] N 074[deg]05[min]14.8[sec] W
40[deg]39[min]05.0[sec] N 074[deg]05[min]17.1[sec] W
40[deg]38[min]57.5[sec] N 074[deg]05[min]32.3[sec] W
40[deg]38[min]53.8[sec] N 074[deg]05[min]44.1[sec] W
40[deg]38[min]53.1[sec] N 074[deg]05[min]56.8[sec] W
40[deg]38[min]55.3[sec] N 074[deg]06[min]38.1[sec] W
40[deg]38[min]41.5[sec] N 074[deg]07[min]18.3[sec] W
40[deg]38[min]38.2[sec] N 074[deg]07[min]41.4[sec] W
40[deg]38[min]38.5[sec] N 074[deg]07[min]46.0[sec] W
40[deg]38[min]35.2[sec] N 074[deg]07[min]49.0[sec] W
40[deg]38[min]31.2[sec] N 074[deg]07[min]50.0[sec] W
40[deg]38[min]30.1[sec] N 074[deg]07[min]41.3[sec] W
40[deg]38[min]33.9[sec] N 074[deg]07[min]15.1[sec] W
40[deg]38[min]44.0[sec] N 074[deg]06[min]45.7[sec] W
40[deg]38[min]46.7[sec] N 074[deg]06[min]25.9[sec] W
40[deg]38[min]44.8[sec] N 074[deg]05[min]49.6[sec] W
40[deg]38[min]45.8[sec] N 074[deg]05[min]43.6W[sec]
------------------------------------------------------------------------
(4) Work Area (4): The waters bounded by a line connecting the
following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40[deg]38[min]31.2[sec] N 074[deg]07[min]50.0[sec] W
40[deg]38[min]35.2[sec] N 074[deg]07[min]49.0[sec] W
40[deg]38[min]36.6[sec] N 074[deg]08[min]01.2[sec] W
40[deg]38[min]28.2[sec] N 074[deg]08[min]51.0[sec] W
40[deg]38[min]35.2[sec] N 074[deg]09[min]06.2[sec] W
40[deg]38[min]30.0[sec] N 074[deg]09[min]12.0[sec] W
40[deg]38[min]24.8[sec] N 074[deg]09[min]02.6[sec] W
40[deg]38[min]24.0[sec] N 074[deg]08[min]52.0[sec] W
40[deg]38[min]31.5[sec] N 074[deg]08[min]07.4[sec] W
40[deg]38[min]31.8[sec] N 074[deg]07[min]54.6[sec] W
40[deg]38[min]31.2[sec] N 074[deg]07[min]50.0[sec] W
------------------------------------------------------------------------
(5) Work Area (5): The waters bounded by a line connecting the
following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40[deg]38[min]35.2[sec] N 074[deg]07[min]49.0[sec] W
40[deg]38[min]38.5[sec] N 074[deg]07[min]46.0[sec] W
40[deg]38[min]40.7[sec] N 074[deg]08[min]01.3[sec] W
40[deg]38[min]34.0[sec] N 074[deg]08[min]41.0[sec] W
40[deg]38[min]40.0[sec] N 074[deg]08[min]52.0[sec] W
40[deg]38[min]50.0[sec] N 074[deg]08[min]55.0[sec] W
40[deg]38[min]35.2[sec] N 074[deg]09[min]06.2[sec] W
40[deg]38[min]28.2[sec] N 074[deg]08[min]51.0[sec] W
40[deg]38[min]36.6[sec] N 074[deg]08[min]01.2[sec] W
40[deg]38[min]35.2[sec] N 074[deg]07[min]49.0[sec] W
------------------------------------------------------------------------
(6) Work Area (6): The waters bounded by a line connecting the
following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40[deg]39[min]17.0[sec] N 074[deg]08[min]38.0[sec] W
40[deg]40[min]21.0[sec] N 074[deg]08[min]00.0[sec] W
40[deg]40[min]34.3[sec] N 074[deg]07[min]54.0[sec] W
40[deg]40[min]35.9[sec] N 074[deg]08[min]03.9[sec] W
40[deg]40[min]33.2[sec] N 074[deg]08[min]12.0[sec] W
40[deg]40[min]26.6[sec] N 074[deg]08[min]17.9[sec] W
40[deg]39[min]34.3[sec] N 074[deg]08[min]55.8[sec] W
40[deg]39[min]30.8[sec] N 074[deg]08[min]58.2[sec] W
40[deg]39[min]21.6[sec] N 074[deg]08[min]50.2[sec] W
40[deg]39[min]17.0[sec] N 074[deg]08[min]38.0[sec] W
------------------------------------------------------------------------
(7) Work Area (7): The waters bounded by a line connecting the
following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40[deg]40[min]26.7[sec] N 074[deg]08[min]17.9[sec] W
[[Page 664]]
40[deg]41[min]14.4[sec] N 074[deg]09[min]35.0[sec] W
40[deg]41[min]18.9[sec] N 074[deg]09[min]31.9[sec] W
40[deg]40[min]46.1[sec] N 074[deg]08[min]38.9[sec] W
40[deg]40[min]44.5[sec] N 074[deg]08[min]30.2[sec] W
40[deg]40[min]33.2[sec] N 074[deg]08[min]12.0[sec] W
40[deg]40[min]26.7[sec] N 074[deg]08[min]17.9[sec] W
------------------------------------------------------------------------
(8) Work Area (8): The waters bounded by a line connecting the
following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40[deg]39[min]30.8[sec] N 074[deg]08[min]58.2[sec] W
40[deg]39[min]40.6[sec] N 074[deg]09[min]22.5[sec] W
40[deg]39[min]43.5[sec] N 074[deg]09[min]25.8[sec] W
40[deg]39[min]44.8[sec] N 074[deg]09[min]24.9[sec] W
40[deg]39[min]32.8[sec] N 074[deg]08[min]55.2[sec] W
40[deg]39[min]30.8[sec] N 074[deg]08[min]58.2[sec] W
AND
40[deg]39[min]21.6[sec] N 074[deg]08[min]50.2[sec] W
40[deg]39[min]17.0[sec] N 074[deg]03[min]38.0[sec] W
40[deg]38[min]50.0[sec] N 074[deg]08[min]55.0[sec] W
40[deg]38[min]30.0[sec] N 074[deg]09[min]12.0[sec] W
40[deg]38[min]33.3[sec] N 074[deg]09[min]19.5[sec] W
40[deg]38[min]46.8[sec] N 074[deg]09[min]22.8[sec] W
40[deg]39[min]07.7[sec] N 074[deg]08[min]58.8[sec] W
40[deg]39[min]21.6[sec] N 074[deg]08[min]50.2[sec] W
------------------------------------------------------------------------
(9) Work Area (9): The waters bounded by a line connecting the
following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40[deg]40[min]34.3[sec] N 074[deg]07[min]54.0[sec] W
40[deg]41[min]08.5[sec] N 074[deg]07[min]38.5[sec] W
40[deg]41[min]11.6[sec] N 074[deg]07[min]50.8[sec] W
40[deg]41[min]17.6[sec] N 074[deg]07[min]56.4[sec] W
40[deg]41[min]20.0[sec] N 074[deg]08[min]00.3[sec] W
40[deg]41[min]42.3[sec] N 074[deg]08[min]21.2[sec] W
40[deg]41[min]59.4[sec] N 074[deg]09[min]11.0[sec] W
40[deg]41[min]55.8[sec] N 074[deg]09[min]13.1[sec] W
40[deg]41[min]39.1[sec] N 074[deg]08[min]24.6[sec] W
40[deg]41[min]21.0[sec] N 074[deg]08[min]07.6[sec] W
40[deg]40[min]46.1[sec] N 074[deg]08[min]38.9[sec] W
40[deg]40[min]44.5[sec] N 074[deg]08[min]30.2[sec] W
40[deg]40[min]50.4[sec] N 074[deg]08[min]30.3[sec] W
40[deg]41[min]13.4[sec] N 074[deg]08[min]09.7[sec] W
40[deg]41[min]13.7[sec] N 074[deg]08[min]05.6[sec] W
40[deg]41[min]03.2[sec] N 074[deg]07[min]55.7[sec] W
40[deg]40[min]54.4[sec] N 074[deg]07[min]55.7[sec] W
40[deg]40[min]35.9[sec] N 074[deg]08[min]03.9[sec] W
40[deg]40[min]34.3[sec] N 074[deg]07[min]54.0[sec] W
------------------------------------------------------------------------
(c) Projected dates for each work area. Dredging is scheduled to
commence in Work Area (2) on April 19, 1999. As contracts are let for
dredging of each of the remaining work areas, commencement dates will be
made available via the Local Notice to Mariners, marine information
broadcasts, facsimile, and at New York Harbor Operations Committee
meetings.
(d) Regulations. (1) No vessel shall enter or transit any work area
where drill barges and/or dredges are located without permission of
Vessel Traffic Service New York (VTSNY).
(2) Each vessel transiting in the vicinity of the work areas, where
drill barges and/or dredges are located, is required to do so at no wake
speed.
(3) No vessel shall enter the RNA when they are advised by the
drilling barge or VTSNY that a misfire or hangfire has occurred. Vessels
already underway in the RNA shall proceed to clear the impacted area
immediately.
(4) Vessels, 300 gross tons or greater, and tugs with tows are
prohibited from meeting or overtaking other vessels when transiting
alongside an active work area.
(5) Vessels, 300 gross tons or greater, and tugs with tows
transiting with the prevailing current (as measured from the Battery
tide station) are regarded as the stand-on vessel.
(6) Prior to entering the RNA, the master, pilot or operator of each
vessel, 300 gross tons or greater and tugs with tows, shall ensure that
they have sufficient propulsion and directional control to safely
navigate the area under the prevailing conditions, and shall notify
VTSNY as to their decision regarding the employment of assist tugs while
transiting the RNA.
(7) Hawser or wire length must not exceed 100 feet, measured from
the towing bit on the tug to the point where the hawser or wire connects
with the towed vessel or barge, for any vessel with another vessel/barge
in tow.
(8) Waiver. The Captain of the Port, New York may, upon request,
authorize a deviation from any regulation in this section if it is found
that the proposed operations can be done safely. An application for
deviation must be received not less than 24 hours before the intended
operation and must state the need and describe the proposal.
(9) Tugs with tows includes a tug with a vessel or barge in tow,
alongside, or being pushed.
[USCG-1998-4443, 64 FR 18579, Apr. 15, 1999; CGD01-98-165, 64 FR 34313,
June 25, 1999]
Sec. 165.166 Safety Zone: Macy's July 4th Fireworks, East River, NY.
(a) Regulated area. The following area is a safety zone: All waters
of the Upper New York Bay south of a line drawn from Pier A (Fireboat
Station
[[Page 665]]
Pier), Battery Park City, in approximate position
40[deg]42[min]15.4[sec] N 074[deg]01[min]06.8[sec] W (NAD 1983) to the
easternmost corner of the Ellis Island Security Zone, in approximate
position 40[deg]41[min]57.6[sec] N 074[deg]02[min]06.7[sec] W (NAD
1983); north of a line drawn from Pier 7, Jersey City, NJ, in
approximate position 40[deg]41[min]26.4[sec] N 074[deg]03[min]17.3[sec]
W (NAD 1983) to Liberty Island Lighted Gong Buoy 29 (LLNR 34995), in
approximate position 40[deg]41[min]02.2[sec] N 074[deg]02[min]24.7[sec]
W (NAD 1983), on to Governor's Island Extension Light (LLNR 35000), in
approximate position 40[deg]41[min]08.3[sec] N 074[deg]01[min]35.4[sec]
W (NAD 1983); all waters of the East River north of a line drawn from
Governors Island, in approximate position 40[deg]41[min]25.3[sec] N
074[deg]00[min]42.5[sec] W (NAD 1983) to the southwest corner of Pier
9A, Brooklyn; south of a line drawn from East 47th Street, Manhattan
through the southern point of Roosevelt Island to 46 Road, Queens; and
all waters of Newtown Creek west of the Pulaski Bascule Bridge.
(b) Activation period. This section is activated annually from 6:30
p.m. until 11:30 p.m. on July 4th. If the event is cancelled due to
inclement weather then this section is in effect from 6:30 p.m. until
11:30 p.m. on July 5th.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) No vessels, except the Staten Island Ferries, will be allowed to
transit the safety zone without the permission of the Captain of the
Port, New York.
(3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on-scene patrol
personnel. These personnel comprise commissioned, warrant, and petty
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing light, or other means, the operator of
a vessel shall proceed as directed.
(4) Vessels equal to or greater than 20 meters (65.6 feet) in
length, carrying persons for the purpose of viewing the fireworks, may
take position in an area inside the safety zone, at least 200 yards off
the bulkhead on the west bank and just off the pierhead faces on the
east bank of the East River between the Williamsburg Bridge and North
9th Street, Brooklyn. This area is bound by the following points:
40[deg]42[min]45.5[sec] N 073[deg]58[min]07.4[sec] W; thence to
40[deg]42[min]50.4[sec] N 073[deg]58[min]23.2[sec] W; thence to
40[deg]43[min]23.1[sec] N 073[deg]58[min]12.7[sec] W; thence to
40[deg]43[min]21.5[sec] N 073[deg]57[min]45.7[sec] W; (NAD 1983) thence
back to the point of beginning. All vessels must be in this location by
6:30 p.m. (e.s.t.) the day of the event.
[CGD01-00-242, 66 FR 20405, Apr. 23, 2001, as amended by CGD01-05-017,
70 FR 35536, June 21, 2005]
Sec. 165.167 Safety Zone: East River Western Channel, Manhattan, NY.
(a) Location. The waters of the East River enclosed by the following
boundaries are established as a safety zone: beginning on the Manhattan
riverbank at a point 40[deg]45[min]35.7[sec] N, 073[deg]57[min]25.2[sec]
W (Point A), thence southeasterly to a point 40[deg]45[min]34.8[sec] N,
073[deg]57[min]23.2[sec] W (Point B), thence southwesterly along the
western boundary of the federal navigable channel to a point
40[deg]45[min]09.5[sec] N, 073[deg]57[min]46.3[sec] W (Point C), then
northwesterly to the Manhattan riverbank at a point
40[deg]45[min]10.5[sec] N, 073[deg]57[min]48.9[sec] W (Point D), thence
northeasterly along the riverbank to the place of beginning (Point A).
All coordinates are North American Datum 1983.
(b) Regulations. The general regulations contained in Sec. 165.23
of this part apply.
[CGD01-02-090, 67 FR 56489, Sept. 4, 2002]
Sec. 165.168 Safety Zones; Coast Guard Activities New York Fireworks
Displays.
(a) New York Harbor. The following areas are safety zones:
(1) Liberty Island Safety Zone: All waters of Upper New York Bay
within a 360-yard radius of the fireworks barge in approximate position
40[deg]41[min]16.5[sec] N 074[deg]02[min]23[sec] W (NAD 1983), located
in Federal Anchorage 20-C, about 360 yards east of Liberty Island.
(2) Ellis Island Safety Zone: All waters of Upper New York Bay
within a 360-yard radius of the fireworks barge located between Federal
Anchorages 20-A and 20-B, in approximate position 40[deg]41[min]45[sec]
N 074[deg]02[min]09[sec] W (NAD 1983), about 365 yards east of Ellis
Island.
(3) South Beach, Staten Island Safety Zone: All waters of Lower New
York Bay within a 360-yard radius of the
[[Page 666]]
fireworks barge in approximate position 40[deg]35[min]11[sec] N
074[deg]03[min]42[sec] W (NAD 1983), about 350 yards east of South
Beach, Staten Island.
(4) Raritan Bay Safety Zone: All waters of Raritan Bay in the
vicinity of the Raritan River Cutoff and Ward Point Bend (West) within a
240-yard radius of the fireworks barge in approximate position
40[deg]30[min]04[sec] N 074[deg]15[min]35[sec] W (NAD 1983), about 240
yards east of Raritan River Cutoff Channel Buoy 2 (LLNR 36595).
(5) Coney Island Safety Zone: All waters of Lower New York Bay
within a 250-yard radius of the fireworks land shoot located on the
south end of Steeplechase Pier, Coney Island, in approximate position
40[deg]34[min]11[sec] N 073[deg]59[min]00[sec] W (NAD 1983).
(6) Arthur Kill, Elizabeth, New Jersey Safety Zone: All waters of
the Arthur Kill within a 150-yard radius of the fireworks land shoot
located in Elizabeth, New Jersey, in approximate position
40[deg]38[min]50[sec] N 074[deg]10[min]58[sec] W (NAD 1983), about 675
yards west of Arthur Kill Channel Buoy 20 (LLNR 36780).
(7) South Ellis Island Safety Zone: All waters of Upper New York Bay
within a 240-yard radius of the fireworks barge in approximate position
40[deg]41[min]39.9[min] N 074[deg]02[min]33.7[min] W (NAD 1983), about
260 yards south of Ellis Island.
(8) Rockaway Beach Safety Zone: All waters of the Atlantic Ocean
within a 360 yard radius of the fireworks barge in approximate position
40[deg]34[min]28.2[min] N 073[deg]50[min]00.0[min] W (NAD 1983), off
Beach 116th Street.
(9) Rockaway Inlet Safety Zone: All waters of Rockaway Inlet within
a 360 yard radius of the fireworks barge in approximate position
40[deg]34[min]19.1[min] N 073[deg]54[min]43.5[min] W (NAD 1983), about
1,200 yards south of Point Breeze.
(10) Pierhead Channel, NJ Safety Zone: All waters of Pierhead
Channel and the Kill Van Kull within a 360-yard radius of the fireworks
barge in approximate position 40[deg]39[min]18.8[sec] N
074[deg]04[min]39.1[sec] W (NAD 1983), approximately 315 yards north of
the Kill Van Kull Channel.
(11) Midland Beach, Staten Island Safety Zone: All waters of Lower
New York Bay within a 500-yard radius of the fireworks barge in
approximate position 40[deg]34[min]12.0[sec] N 074[deg]04[min]29.6[sec]
W (NAD 1983), approximately 800 yards southeast of Midland Beach.
(12) Wolfes Pond Park, Staten Island Safety Zone: All waters of
Raritan Bay within a 500-yard radius of the fireworks barge in
approximate position 40[deg]30[min]52.1[sec] N 074[deg]10[min]58.8[sec]
W (NAD 1983), approximately 540 yards east of Wolfes Pond Park.
(b) Western Long Island Sound. The following areas are safety zones:
(1) Peningo Neck, Western Long Island Sound Safety Zone: All waters
of western Long Island Sound within a 300-yard radius of the fireworks
barge in approximate position 40[deg]56[min]21[sec] N
073[deg]41[min]23[sec] W (NAD 1983), about 525 yards east of Milton
Point, Peningo Neck, New York.
(2) Satans Toe, Western Long Island Sound Safety Zone: All waters of
western Long Island Sound within a 360-yard radius of the fireworks
barge in approximate position 40[deg]55[min]21[sec] N
073[deg]43[min]41[sec] W (NAD 1983), about 635 yards northeast of
Larchmont Harbor (East Entrance) Light 2 (LLNR 25720).
(3) Larchmont, Western Long Island Sound Safety Zone: All waters of
western Long Island Sound within a 240-yard radius of the fireworks
barge in approximate position 40[deg]54[min]45[sec] N
073[deg]44[min]55[sec] W (NAD 1983), about 450 yards southwest of the
entrance to Horseshoe Harbor.
(4) Manursing Island, Western Long Island Sound Safety Zone: All
waters of western Long Island Sound within a 360-yard radius of the
fireworks barge in approximate position 40[deg]57[min]47[sec] N
073[deg]40[min]06[sec] W (NAD 1983), about 380 yards north of Rye Beach
Transport Rock Buoy 2 (LLNR 25570).
(5) Glen Island, Western Long Island Sound Safety Zone: All waters
of western Long Island Sound within a 240-yard radius of the fireworks
barge in approximate position 40[deg]53[min]12[sec] N
073[deg]46[min]33[sec] W (NAD 1983), about 350 yards east of the
northeast corner of Glen Island, New York.
(6) Twin Island, Western Long Island Sound Safety Zone: All waters
of western Long Island Sound within a 200-yard radius of the fireworks
land shoot in approximate position 40[deg]52[min]10[sec] N
073[deg]47[min]07[sec] W (NAD 1983), at the east end of Orchard Beach,
New York.
[[Page 667]]
(7) Davenport Neck, Western Long Island Sound Safety Zone: All
waters of western Long Island Sound within a 360-yard radius of the
fireworks barge in Federal Anchorage No. 1-A, in approximate position
40[deg]53[min]46[sec] N 073[deg]46[min]04[sec] W (NAD 1983), about 360
yards northwest of Emerald Rock Buoy (LLNR 25810).
(8) Glen Cove, Hempstead Harbor Safety Zone: All waters of Hempstead
Harbor within a 360-yard radius of the fireworks barge in approximate
position 40[deg]51[min]58[sec] N 073[deg]39[min]34[sec] W (NAD 1983),
about 500 yards northeast of Glen Cove Breakwater Light 5 (LLNR 27065).
(9) Bar Beach, Hempstead Harbor Safety Zone: All waters of Hempstead
Harbor within a 180-yard radius of the fireworks barge in approximate
position 40[deg]49[min]50[sec] N 073[deg]39[min]12[sec] W (NAD 1983),
about 190 yards north of Bar Beach, Hempstead Harbor, New York.
(10) Larchmont Harbor, Western Long Island Sound Safety Zone: All
waters of western Long Island Sound within a 240-yard radius of the
fireworks barge in approximate position 40[deg]55[min]21.8[sec] N
073[deg]44[min]21.7[sec] W (NAD 1983), about 540 yards north of Umbrella
Rock.
(11) Orchard Beach, The Bronx, Safety Zone: All waters of Long
Island Sound in an area bound by the following points:
40[deg]51[min]43.5[sec] N 073[deg]47[min]36.3[sec] W; thence to
40[deg]52[min]12.2[sec] N 073[deg]47[min]13.6[sec] W; thence to
40[deg]52[min]02.5[sec] N 073[deg]46[min]47.8[sec] W; thence to
40[deg]51[min]32.3[sec] N 073[deg]47[min]09.9[sec] W (NAD 1983), thence
to the point of origin.
(c) East River. The following areas are safety zones:
(1) Pier 14, East River Safety Zone: All waters of the East River
within a 180-yard radius of the fireworks barge in approximate position
40[deg]42[min]07.5[sec] N 074[deg]00[min]06[sec] W (NAD 1983), about 250
yards southeast of Pier 14, Manhattan, New York.
(2) Wards Island, East River Safety Zone: All waters of the East
River within a 150-yard radius of the fireworks land shoot in
approximate position 40[deg]46[min]55.5[sec] N 073[deg]55[min]33[sec] W
(NAD 1983), about 200 yards northeast of the Triborough Bridge.
(3) Pier 16, East River Safety Zone: All waters of the East River
within a 180-yard radius of the fireworks barge in approximate position
40[deg]42[min]12.5[sec] N 074[deg]00[min]02.0[sec] W (NAD 1983), about
200 yards east of Pier 16.
(4) Newtown Creek, East River Safety Zone: All waters of the East
River within a 360-yard radius of the fireworks barge in approximate
position 40[deg]44[min]24.0[min] N 073[deg]58[min]00.0[sec] W (NAD
1983), about 785 yards south of Belmont Island.
(d) Hudson River. The following areas are safety zones:
(1) Pier 60, Hudson River Safety Zone: All waters of the Hudson
River within a 360-yard radius of the fireworks barge in approximate
position 40[deg]44[min]49[sec] N 074[deg]01[min]02[sec] W (NAD 1983),
about 500 yards west of Pier 60, Manhattan, New York.
(2) The Battery, Hudson River Safety Zone: All waters of the Hudson
River and Anchorage Channel within a 360-yard radius of the fireworks
barge in approximate position 40[deg]42[min]00[sec] N
074[deg]01[min]17[sec] W (NAD 1983), about 500 yards south of The
Battery, Manhattan, New York.
(3) Battery Park City, Hudson River Safety Zone: All waters of the
Hudson River within a 360-yard radius of the fireworks barge in
approximate position 40[deg]42[min]39[sec] N 074[deg]01[min]21[sec] W
(NAD 1983), about 480 yards southwest of North Cove Yacht Harbor,
Manhattan, New York.
(4) Pier 90, Hudson River Safety Zone: All waters of the Hudson
River within a 360-yard radius of the fireworks barge in approximate
position 40[deg]46[min]11.8[min] N 074[deg]00[min]14.8[sec] W (NAD
1983), about 375 yards west of Pier 90, Manhattan.
(5) Yonkers, New York, Hudson River Safety Zone: All waters of the
Hudson River within a 360-yard radius of the fireworks barge in
approximate position 40[deg]56[min]14.5[sec] N 073[deg]54[min]33[sec] W
(NAD 1983), about 475 yards northwest of the Yonkers Municipal Pier, New
York.
(6) Hastings-on-Hudson, New York, Hudson River Safety Zone: All
waters of the Hudson River within a 360-yard radius of the fireworks
barge in approximate position 40[deg]59[min]44.5[sec] N
073[deg]53[min]28[sec] W (NAD 1983), about 425 yards west of Hastings-
on-Hudson, New York.
(7) Pier D, Hudson River Safety Zone: All waters of the Hudson River
within a 360-yard radius of the fireworks barge in approximate position
40[deg]42[min]57.5[sec] N 074[deg]01[min]34[sec] W (NAD 1983), about 375
yards
[[Page 668]]
southeast of Pier D, Jersey City, New Jersey.
(8) Pier 54, Hudson River Safety Zone: All waters of the Hudson
River within a 360-yard radius of the fireworks barge in approximate
position 40[deg]44[min]31[sec] N 074[deg]01[min]00[sec] W (NAD 1983),
about 380 yards west of Pier 54, Manhattan.
(9) Pier 84, Hudson River Safety Zone: All waters of the Hudson
River within a 360-yard radius of the fireworks barge in approximate
position 40[deg]45[min]56.9[sec] N 074[deg]00[min]25.4[sec] W (NAD
1983), about 380 yards west of Pier 84, Manhattan.
(10) Peekskill Bay, Hudson River Safety Zone: All waters of
Peekskill Bay within a 360-yard radius of the fireworks barge in
approximate position 41[deg]17[min]16[sec] N 073[deg]56[min]18[sec] W
(NAD 1983), about 670 yards north of Travis Point.
(11) Jersey City, Hudson River Safety Zone: All waters of the Hudson
River within a 360-yard radius of the fireworks barge in approximate
position 40[deg]42[min]37.3[sec] N 074[deg]01[min]41.6[sec] W (NAD
1983), about 420 yards east of Morris Canal Little Basin.
(12) Newburgh, NY, Safety Zone: All waters of the Hudson River
within a 360-yard radius of the fireworks barge in approximate position
41[deg]30[min]01.2[sec] N 073[deg]59[min]42.5[sec] W (NAD 1983),
approximately 930 yards east of Newburgh, NY.
(e) Notification. Coast Guard Activities New York will cause notice
of the activation of these safety zones to be made by all appropriate
means to effect the widest publicity among the affected segments of the
public, including publication in the local notice to mariners, marine
information broadcasts, and facsimile. Fireworks barges used in these
locations will also have a sign on their port and starboard side labeled
``FIREWORKS--STAY AWAY''. This sign will consist of 10 high
by 1.5 wide red lettering on a white background. Shore sites
used in these locations will display a sign labeled ``FIREWORKS--STAY
AWAY'' with the same dimensions.
(f) Enforcement Period. This section will be enforced from 6 p.m.
(e.s.t.) to 1 a.m. (e.s.t.) each day a barge with a ``FIREWORKS--STAY
AWAY'' sign on the port and starboard side is on-scene or a
``FIREWORKS--STAY AWAY'' sign is posted in a location listed in
paragraphs (a) through (d) of this section. Vessels may enter, remain
in, or transit through these safety zones during this time frame if
authorized by the Captain of the Port New York or designated Coast Guard
patrol personnel on scene.
(g) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on-scene-patrol
personnel. These personnel comprise commissioned, warrant, and petty
officers of the Coast Guard. Upon being hailed by a U. S. Coast Guard
vessel by siren, radio, flashing light, or other means, the operator of
a vessel shall proceed as directed.
[CDG01-00-004, 65 FR 43239, July 13, 2000, as amended by CGDO1-00-221,
66 FR 16000, Mar. 22, 2001; CGD01-03-102, 69 FR 41199, July 8, 2004]
Sec. 165.169 Safety and Security Zones: New York Marine Inspection
Zone and Captain of the Port Zone.
(a) Safety and security zones. The following waters within the New
York Marine Inspection Zone and Captain of the Port Zone are safety and
security zones:
(1) Indian Point Nuclear Power Station (IPNPS). All waters of the
Hudson River within a 300-yard radius of the IPNPS pier in approximate
position 41[deg]16[min]12.4[sec] N, 073[deg]57[min]16.2[sec] W (NAD 83).
(2) U.S. Coast Guard Cutters and Shore Facilities. All waters within
100 yards of: Each moored, or anchored, Coast Guard Cutter; Coast Guard
Station New York, Staten Island, NY; Coast Guard Station Sandy Hook, NJ;
Coast Guard Station Kings Point, NY; and Coast Guard Aids to Navigation
Team New York, Bayonne, NJ.
(3) Commercial Waterfront Facilities. All waters within 25 yards of
each commercial waterfront facility that is capable of accepting barge,
ferry or other commercial vessels. For purposes of
[[Page 669]]
this section, ``commercial waterfront facility'' means all piers,
wharves, docks and similar structures to which barge, ferry or other
commercial vessels may be secured; areas of land or water under and in
immediate proximity to them; buildings on such structures or contiguous
to them; and equipment and materials on such structures and in such
buildings.
(i) When a barge, ferry or other commercial vessel is conducting
transfer operations at a commercial waterfront facility, the 25-yard
zone is measured from the outboard side of the commercial vessel.
(ii) Vessels may transit through any portion of the zone that
extends into the navigable channel for the sole purpose of direct and
expeditious transit through the zone so long as they remain within the
navigable channel, maintain the maximum safe distance from the
commercial waterfront facility and do not stop or loiter within the
zone.
(4) Liberty and Ellis Islands. All waters within 150 yards of
Liberty Island, Ellis Island, and the bridge between Liberty State Park
and Ellis Island.
(5) Bridge Piers and Abutments, Overhead Power Cable Towers, Piers
and Tunnel Ventilators. All waters within 25 yards of any bridge pier or
abutment, overhead power cable tower, pier or tunnel ventilators south
of the Troy, NY Locks. Vessels may transit through any portion of the
zone that extends into the navigable channel for the sole purpose of
direct and expeditious transit through the zone so long as they remain
within the navigable channel, maintain the maximum safe distance from
the waterfront facility and do not stop or loiter within the zone.
(6) New York City Passenger Ship Terminal, Hudson River, NY. (i)
Location. All waters of the Hudson River bound by the following points:
From the northeast corner of Pier 96 where it intersects the seawall,
thence west to approximate position 40[deg]46[min]23.1[sec] N,
073[deg]59[min]59.0[sec] W, thence south to approximate position
40[deg]45[min]55.3[sec] N, 074[deg]00[min]20.2[sec] W (NAD 1983), thence
east to the southeast corner of Pier 84 where it intersects the seawall,
thence north along the shoreline to the point of origin.
(ii) Enforcement period. This zone will be enforced whenever
passenger vessels are pierside at Pier 88, 90 or 92 or whenever the
passenger ship terminal or the adjacent Intrepid Sea, Air and Space
Museum, Manhattan is being used as an Emergency Operations Center. The
activation and termination of a particular zone will be announced in
accordance with 33 CFR 165.7.
(7) La Guardia Airport, Bowery and Flushing Bays, Queens, NY. (i)
Location: 200-Yard Zone. All waters of Bowery and Flushing Bays within
approximately 200 yards of La Guardia Airport bound by the following
points: Onshore at Steinway, Queens, in approximate position
40[deg]46[min]32.1[sec] N, 073[deg]53[min]22.4[sec] W, thence to
40[deg]46[min]52.8[sec] N, 073[deg]53[min]09.3[sec] W, thence to
40[deg]46[min]54.8[sec] N, 073[deg]52[min]54.2[sec] W, thence to
40[deg]46[min]59.3[sec] N, 073[deg]52[min]51.3[sec] W, thence to
40[deg]47[min]11.8[sec] N, 073[deg]53[min]17.3[sec] W, thence to
40[deg]47[min]13.0[sec] N, 073[deg]53[min]16.1[sec] W on Rikers Island,
thence easterly along the Rikers Island shoreline to approximate
position 40[deg]47[min]12.9[sec] N, 073[deg]52[min]17.9[sec] W, thence
to 40[deg]47[min]16.7[sec] N, 073[deg]52[min]09.2[sec] W, thence to
40[deg]47[min]36.1[sec] N, 073[deg]51[min]52.5[sec] W, thence to
40[deg]47[min]35.1[sec] N, 073[deg]51[min]50.5[sec] W, thence to
40[deg]47[min]15.9[sec] N, 073[deg]52[min]06.4[sec] W, thence to
40[deg]47[min]14.5[sec] N, 073[deg]52[min]03.1[sec] W, thence to
40[deg]47[min]10.6[sec] N, 073[deg]52[min]06.7[sec] W, thence to
40[deg]47[min]01.9[sec] N, 073[deg]52[min]02.4[sec] W, thence to
40[deg]46[min]50.4[sec] N, 073[deg]52[min]08.1[sec] W, thence to
40[deg]46[min]26.8[sec] N, 073[deg]51[min]18.5[sec] W, thence to
40[deg]45[min]57.2[sec] N, 073[deg]51[min]01.8[sec] W, thence to
40[deg]45[min]51.2[sec] N, 073[deg]50[min]59.6[sec] W, thence to
40[deg]45[min]49.5[sec] N, 073[deg]51[min]07.2[sec] W, thence to
40[deg]45[min]58.8[sec] N, 073[deg]51[min]13.2[sec] W, thence to
40[deg]46[min]02.3[sec] N, 073[deg]51[min]20.1[sec] W, thence to
40[deg]45[min]48.4[sec] N, 073[deg]51[min]37.0[sec] W, (NAD 1983) thence
along the shoreline to the point of origin.
(ii) Location: 100-Yard Zone. All waters of Bowery and Flushing Bays
within approximately 100 yards of La Guardia Airport bound by the
following points: Onshore at Steinway, Queens, in approximate position
40[deg]46[min]32.1[sec] N, 073[deg]53[min]22.4[sec] W, thence to
40[deg]46[min]50.6[sec] N, 073[deg]53[min]07.3[sec] W, thence to
40[deg]46[min]53.0[sec] N, 073[deg]52[min]50.9[sec] W, thence to
40[deg]46[min]57.6[sec] N, 073[deg]52[min]47.9[sec] W, thence to
40[deg]47[min]11.8[sec] N, 073[deg]53[min]17.3[sec] W, thence to
40[deg]47[min]13.0[sec] N, 073[deg]53[min]16.1[sec] W on Rikers Island,
thence easterly along the Rikers Island shoreline to approximate
position 40[deg]47[min]12.9[sec] N, 073[deg]52[min]17.9[sec] W, thence
to 40[deg]47[min]16.7[sec] N, 073[deg]52[min]09.2[sec] W, thence to
40[deg]47[min]36.1[sec] N,
[[Page 670]]
073[deg]51[min]52.5[sec] W, thence to 40[deg]47[min]35.1[sec] N,
073[deg]51[min]50.5[sec] W, thence to 40[deg]47[min]15.9[sec] N,
073[deg]52[min]06.4[sec] W, thence to 40[deg]47[min]14.5[sec] N,
073[deg]52[min]03.1[sec] W, thence to 40[deg]47[min]07.9[sec] N,
073[deg]52[min]09.2[sec] W, thence to 40[deg]47[min]01.4[sec] N,
073[deg]52[min]06.1[sec] W, thence to 40[deg]46[min]50.0[sec] N,
073[deg]52[min]14.6[sec] W, thence to 40[deg]46[min]22.2[sec] N,
073[deg]51[min]16.0[sec] W, thence to 40[deg]45[min]57.2[sec] N,
073[deg]51[min]01.8[sec] W, thence to 40[deg]45[min]52.4[sec] N,
073[deg]51[min]00.2[sec] W, thence to 40[deg]45[min]50.6[sec] N,
073[deg]51[min]07.9[sec] W, thence to 40[deg]45[min]58.8[sec] N,
073[deg]51[min]13.2[sec] W, thence to 40[deg]46[min]04.0[sec] N,
073[deg]51[min]23.3[sec] W, thence to 40[deg]45[min]51.2[sec] N,
073[deg]51[min]38.8[sec] W, (NAD 1983) thence along the shoreline to the
point of origin.
(iii) Enforcement period. The zones described in paragraph (a)(7) of
this section will be effective at all times. When port security
conditions permit, the Captain of the Port will allow vessels to operate
within that portion of the waters described in paragraph (a)(7)(i) that
lies outside of the waters described in paragraph (a)(7)(ii).
Authorization to enter the waters that lie between the outer boundaries
of the zones described in paragraphs (a)(7)(i) and (a)(7)(ii) will be
communicated by the Captain of the Port to the public by marine
broadcast, or local notice to mariners, or notice posted at
www.harborops.com.
(8) John F. Kennedy Airport, Jamaica Bay, Queens, NY. (i) Location:
Bergen Basin. All waters of Bergen Basin north of
40[deg]39[min]26.4[sec] N.
(ii) Location: Thurston Basin. All waters of Thurston Basin north of
40[deg]38[min]21.2[sec] N.
(iii) Location: 200-Yard Zone. All waters of Jamaica Bay within
approximately 200 yards of John F. Kennedy Airport bound by the
following points: Onshore east of Bergen Basin, Queens, in approximate
position 40[deg]38[min]49.0[sec] N, 073[deg]49[min]09.1[sec] W, thence
to 40[deg]38[min]42.5[sec] N, 073[deg]49[min]13.2[sec] W, thence to
40[deg]38[min]00.6[sec] N, 073[deg]47[min]35.1[sec] W, thence to
40[deg]37[min]52.3[sec] N, 073[deg]47[min]55.0[sec] W, thence to
40[deg]37[min]50.3[sec] N, 073[deg]47[min]53.5[sec] W, thence to
40[deg]37[min]59.4[sec] N, 073[deg]47[min]32.6[sec] W, thence to
40[deg]37[min]46.1[sec] N, 073[deg]47[min]07.2[sec] W, thence to
40[deg]37[min]19.5[sec] N, 073[deg]47[min]30.4[sec] W, thence to
40[deg]37[min]05.5[sec] N, 073[deg]47[min]03.0[sec] W, thence to
40[deg]37[min]34.7[sec] N, 073[deg]46[min]40.6[sec] W, thence to
40[deg]37[min]20.5[sec] N, 073[deg]46[min]23.5[sec] W, thence to
40[deg]37[min]05.7[sec] N, 073[deg]46[min]34.9[sec] W, thence to
40[deg]36[min]54.8[sec] N, 073[deg]46[min]26.7[sec] W, thence to
40[deg]37[min]14.1[sec] N, 073[deg]46[min]10.8[sec] W, thence to
40[deg]37[min]36.9[sec] N, 073[deg]45[min]52.8[sec] W, thence to
40[deg]38[min]00.8[sec] N, 073[deg]44[min]54.9[sec] W, thence to
40[deg]38[min]05.1[sec] N, 073[deg]45[min]00.3[sec] W, (NAD 1983) thence
along the shoreline to the point of origin.
(iv) Location: 100-Yard Zone. All waters of Jamaica Bay within
approximately 100 yards of John F. Kennedy Airport bound by the
following points: Onshore east of Bergen Basin, Queens, in approximate
position 40[deg]38[min]49.0[sec] N, 073[deg]49[min]09.1[sec] W, thence
to 40[deg]38[min]45.1[sec] N, 073[deg]49[min]11.6[sec] W, thence to
40[deg]38[min]02.0[sec] N, 073[deg]47[min]31.8[sec] W, thence to
40[deg]37[min]52.3[sec] N, 073[deg]47[min]55.0[sec] W, thence to
40[deg]37[min]50.3[sec] N, 073[deg]47[min]53.5[sec] W, thence to
40[deg]38[min]00.8[sec] N, 073[deg]47[min]29.4[sec] W, thence to
40[deg]37[min]47.4[sec] N, 073[deg]47[min]02.4[sec] W, thence to
40[deg]37[min]19.9[sec] N, 073[deg]47[min]25.0[sec] W, thence to
40[deg]37[min]10.0[sec] N, 073[deg]47[min]03.7[sec] W, thence to
40[deg]37[min]37.7[sec] N, 073[deg]46[min]41.2[sec] W, thence to
40[deg]37[min]22.6[sec] N, 073[deg]46[min]21.9[sec] W, thence to
40[deg]37[min]05.7[sec] N, 073[deg]46[min]34.9[sec] W, thence to
40[deg]36[min]54.8[sec] N, 073[deg]46[min]26.7[sec] W, thence to
40[deg]37[min]14.1[sec] N, 073[deg]46[min]10.8[sec] W, thence to
40[deg]37[min]40.0[sec] N, 073[deg]45[min]55.6[sec] W, thence to
40[deg]38[min]02.8[sec] N, 073[deg]44[min]57.5[sec] W, thence to
40[deg]38[min]05.1[sec] N, 073[deg]45[min]00.3[sec] W, (NAD 1983) thence
along the shoreline to the point of origin.
(v) Enforcement period. The zones described in paragraphs (a)(8) of
this section will be effective at all times. When port security
conditions permit, the Captain of the Port will allow vessels to operate
within that portion of the waters described in paragraph (a)(8)(iii)
that lies outside of the waters described in paragraph (a)(8)(iv).
Authorization to enter the waters that lie between the outer boundaries
of the zones described in paragraphs (a)(8)(iii) and (a)(8)(iv) will be
communicated by the Captain of the Port to the public by marine
broadcast, local notice to mariners, or notice posted at
www.harborops.com.
(9) NYPD Ammunition Depot, Rodman Neck, Eastchester Bay, NY. (i)
Location: 150-Yard Zone. All waters of Eastchester Bay within
approximately 150 yards of Rodman Neck bound by the following points:
Onshore in approximate position 40[deg]51[min]30.4[sec] N,
073[deg]48[min]14.9[sec] W, thence to 40[deg]51[min]29.9[sec] N,
073[deg]48[min]20.7[sec] W, thence to 40[deg]51[min]16.9[sec] N,
073[deg]48[min]22.5[sec] W, thence to 40[deg]51[min]07.5[sec] N,
073[deg]48[min]18.7[sec] W, thence to 40[deg]50[min]54.2[sec] N,
073[deg]48[min]11.1[sec] W, thence to 40[deg]50[min]48.5[sec] N,
073[deg]48[min]04.6[sec] W, thence to 40[deg]50[min]49.2[sec] N,
073[deg]47[min]56.5[sec] W, thence to 40[deg]51[min]03.6[sec] N,
073[deg]47[min]47.3[sec] W,
[[Page 671]]
thence to 40[deg]51[min]15.7[sec] N, 073[deg]47[min]46.8[sec] W, thence
to 40[deg]51[min]23.5[sec] N, 073[deg]47[min]41.9[sec] W, (NAD 1983)
thence southwesterly along the shoreline to the point of origin.
(ii) Location: 100-Yard Zone. All waters of Eastchester Bay within
approximately 100 yards of Rodman Neck bound by the following points:
Onshore in approximate position 40[deg]51[min]30.4[sec] N,
073[deg]48[min]14.9[sec] W, thence to 40[deg]51[min]30.1[sec] N,
073[deg]48[min]19.0[sec] W, thence to 40[deg]51[min]16.8[sec] N,
073[deg]48[min]20.5[sec] W, thence to 40[deg]51[min]07.9[sec] N,
073[deg]48[min]16.8[sec] W, thence to 40[deg]50[min]54.9[sec] N,
073[deg]48[min]09.0[sec] W, thence to 40[deg]50[min]49.7[sec] N,
073[deg]48[min]03.6[sec] W, thence to 40[deg]50[min]50.1[sec] N,
073[deg]47[min]57.9[sec] W, thence to 40[deg]51[min]04.6[sec] N,
073[deg]47[min]48.9[sec] W, thence to 40[deg]51[min]15.9[sec] N,
073[deg]47[min]48.4[sec] W, thence to 40[deg]51[min]23.5[sec] N,
073[deg]47[min]41.9[sec] W, (NAD 1983) thence southwesterly along the
shoreline to the point of origin.
(iii) Enforcement period. The zones described in paragraph (a)(9) of
this section will be effective at all times. When port security
conditions permit, the Captain of the Port will allow vessels to operate
within that portion of the waters described in paragraph (a)(9)(i) that
lies outside of the waters described in paragraph (a)(9)(ii).
Authorization to enter the waters that lie between the outer boundaries
of the zones described in paragraphs (a)(9)(i) and (a)(9)(ii) will be
communicated by the Captain of the Port to the public by marine
broadcast, local notice to mariners, or notice posted at
www.harborops.com.
(10) Port Newark/Port Elizabeth, Newark Bay, NJ. All waters of
Newark Bay bound by the following points: 40[deg]41[min]49.9[sec] N,
074[deg]07[min]32.2[sec] W, thence to 40[deg]41[min]46.5[sec] N,
074[deg]07[min]20.4[sec] W, thence to 40[deg]41[min]10.7[sec] N,
074[deg]07[min]45.9[sec] W, thence to 40[deg]40[min]54.3[sec] N,
074[deg]07[min]55.7[sec] W, thence to 40[deg]40[min]36.2[sec] N,
074[deg]08[min]03.8[sec] W, thence to 40[deg]40[min]29.1[sec] N,
074[deg]08[min]06.3[sec] W, thence to 40[deg]40[min]21.9[sec] N,
074[deg]08[min]10.0[sec] W, thence to 40[deg]39[min]27.9[sec] N,
074[deg]08[min]43.6[sec] W, thence to 40[deg]39[min]21.5[sec] N,
074[deg]08[min]50.1[sec] W, thence to 40[deg]39[min]21.5[sec] N,
074[deg]09[min]54.3[sec] W, (NAD 1983) thence northerly along the
shoreline to the point of origin.
(11) Global Marine Terminal, Upper New York Bay. All waters of Upper
New York Bay between the Global Marine and Military Ocean Terminals,
west of the New Jersey Pierhead Channel.
(12) Approaches to New York, Atlantic Ocean. The following area is a
security zone: All waters of the Atlantic Ocean between the Ambrose to
Hudson Canyon Traffic Lane and the Barnegat to Ambrose Traffic Lane
bound by the following points: 40[deg]21[min]29.9[sec] N,
073[deg]44[min]41.0[sec] W, thence to 40[deg]21[min]04.5[sec] N,
073[deg]45[min]31.4[sec] W, thence to 40[deg]15[min]28.3[sec] N,
073[deg]44[min]13.8[sec] W, thence to 40[deg]15[min]35.4[sec] N,
073[deg]43[min]29.8[sec] W, thence to 40[deg]19[min]21.2[sec] N,
073[deg]42[min]53.0[sec] W, (NAD 1983) thence to the point of origin.
(b) Regulations. (1) Entry into or remaining in a safety or security
zone is prohibited unless authorized by the Coast Guard Captain of the
Port, New York.
(2) Persons desiring to transit the area of a safety or security
zone may contact the Captain of the Port at telephone number 718-354-
4088 or on VHF channel 14 (156.7 MHz) or VHF channel 16 (156.8 MHz) to
seek permission to transit the area. If permission is granted, all
persons and vessels must comply with the instructions of the Captain of
the Port or his or her designated representative.
(3) Vessels not actively engaged in authorized vessel to facility
transfer operations shall not stop or loiter within that part of a
commercial waterfront facility safety and security zone extending into
the navigable channel, described in paragraph (a)(3) of this section,
without the express permission of the Coast Guard Captain of the Port or
his or her designated representative, including on-scene patrol
personnel.
(4) The zone described in paragraph (a)(12) of this section is not a
Federal Anchorage Ground. Only vessels directed by the Captain of the
Port or his or her designated representative to enter this zone are
authorized to anchor here.
(5) Vessels do not need permission from the Captain of the Port to
transit the area described in paragraph (a)(12) of this section during
periods when that security zone is not being enforced.
(c) Enforcement. Enforcement periods for the zone in paragraph
(a)(12) of this section will be announced through marine information
broadcast or other appropriate method of communication.
[[Page 672]]
The Coast Guard is enforcing the zone whenever a vessel is anchored in
the security zone or a Coast Guard patrol vessel is on-scene.
[CGD01-02-132, 68 FR 2890, Jan. 22, 2003, as amended by CGD01-03-036, 69
FR 2670, Jan. 20, 2004; CGD01-03-020, 69 FR 23306, June 15, 2004]
Sec. 165.170 Safety Zone: Triathlon, Ulster Landing, Hudson River, NY.
(a) Regulated area. The following area is a safety zone: All waters
of the Hudson River, in the vicinity of Ulster Landing, bound by the
following points: 42[deg]00[min]03.7[sec] N, 073[deg]56[min]43.1[sec] W;
thence to 41[deg]59[min]52.5[sec] N, 073[deg]56[min]34.2[sec] W; thence
to 42[deg]00[min]15.1[sec] N, 073[deg]56[min]25.2[sec] W; thence to
42[deg]00[min]05.4[sec] N, 073[deg]56[min]41.9[sec] W (NAD 1983); thence
along the shoreline to the point of beginning.
(b) Effective period. This section is in effect annually from 6 a.m.
until 9 a.m. on the first Sunday after July 4th.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) No vessels will be allowed to transit the safety zone without
the permission of the Captain of the Port, New York.
(3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on-scene patrol
personnel. These personnel comprise commissioned, warrant, and petty
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing light, or other means, the operator of
a vessel shall proceed as directed.
[CGD01-00-248, 66 FR 29486, May 31, 2001]
Sec. 165.202 Safety Zones: Annual fireworks Events in the Captain of
the Port Cleveland Zone.
(a) Safety zones. The following areas are designated safety zones:
(1) City of Cleveland 4th of July Fireworks Display, Cleveland, OH:
All navigable waters of Cleveland Harbor and Lake Erie beginning at
41[deg]30.823[min] N, 081[deg]41.620[min] W (the northwest corner of
Burke Lakefront Airport); continuing northwest to 41[deg]31.176 N,
081[deg]41.884[min] W; then southwest to 41[deg]30.810[min] N,
081[deg]42.515[min] W; then southeast to 41[deg]30.450[min] N,
081[deg]42.222[min] W (the northwest corner of dock 28 at the Cleveland
Port Authority) then northeast back to the starting point at
41[deg]30.443[min] N, 081[deg]41.620[min] W. All geographic coordinates
are based upon North American Datum 1983 (NAD 1983).
(2) Dollar Bank Jamboree Fireworks Display, Cleveland, OH: All
navigable waters of Cleveland Harbor and Lake Erie beginning at
41[deg]30.823[min] N, 081[deg]41.620[min] W (the northwest corner of
Burke Lakefront Airport); continuing northwest to 41[deg]31.176 N,
081[deg]41.884[min] W; then southwest to 41[deg]30.810[min] N,
081[deg]42.515[min] W; then southeast to 41[deg]30.450[min] N,
081[deg]42.222[min] W (the northwest corner of dock 28 at the Cleveland
Port Authority) then northeast back to the starting point at
41[deg]30.443[min] N, 081[deg]41.620[min] W (NAD 1983).
(3) Browns Football Halftime Fireworks Display, Cleveland, OH: All
navigable waters of Cleveland Harbor and Lake Erie beginning at
41[deg]30.823[min] N, 081[deg]41.620[min] W (the northwest corner of
Burke Lakefront Airport); continuing northwest to 41[deg]31.176 N,
081[deg]41.884[min] W; then southwest to 41[deg]30.810[min] N,
081[deg]42.515[min] W; then southeast to 41[deg]30.450[min] N,
081[deg]42.222[min] W (the northwest corner of dock 28 at the Cleveland
Port Authority) then northeast back to the starting point at
41[deg]30.443[min] N, 081[deg]41.620[min] W (NAD 1983).
(4) Lakewood City Fireworks Display, Lakewood, OH: All waters and
adjacent shoreline of Lake Erie bounded by the arc of a circle with a
500-yard radius with its center approximate position 41[deg]29.755[min]
N, 081[deg]47.780[min] W (off of Lakewood Park) (NAD 1983).
(5) Cleveland Yachting Club Fireworks Display, Rocky River, OH: All
waters and adjacent shoreline of the Rocky River and Lake Erie bounded
by the arc of a circle with a 200-yard radius with its center at Sunset
Point on the western side of the mouth of the Rocky River in approximate
position 41[deg]29.428[min] N, 081[deg]50.309[min] W (NAD 1983).
(6) Lorain 4th of July Celebration Fireworks Display, Lorain, OH:
The waters of Lorain Harbor bounded by the arc of a circle with a 300-
yard radius with its center east of the harbor entrance on the end of
the break wall near Spitzer's Marina in approximate position
41[deg]28.591[min] N, 082[deg]10.855[min] W (NAD 1983).
(7) Lorain Port Fest Fireworks Display, Lorain, OH: All waters and
adjacent shoreline of Lorain Harbor bounded by
[[Page 673]]
the arc of a circle with a 250-yard radius with its center at
approximate position 41[deg]28.040[min] N, 082[deg]10.365[min] W (NAD
1983).
(8) Mentor Harbor Yacht Club Fireworks Display, Mentor, OH: All
waters and adjacent shoreline of Lake Erie and Mentor Harbor bounded by
the arc of a circle with a 200-yard radius with its center in
approximate position 41[deg]43.200[min] N, 081[deg]21.400[min] W (west
of the harbor entrance) (NAD 1983).
(9) Fairport Mardi Gras Fireworks Display, Fairport Harbor, OH: All
waters and adjacent shoreline of Fairport Harbor and Lake Erie bounded
by the arc of a circle with a 300-yard radius with its center east of
the harbor entrance at Fairport Harbor Beach in approximate position
41[deg]45.500[min] N, 081[deg]16.300[min] W (NAD 1983).
(10) Ashtabula Area Fireworks Display, Ashtabula, OH: All waters and
adjacent shoreline of Lake Erie and Ashtabula Harbor bounded by the arc
of a circle with a 300-yard radius with its center west of the harbor in
approximate position 41[deg]54.167[min] N, 080[deg]48.416[min] W (NAD
1983).
(b) Notification. Captain of the Port Cleveland will cause notice of
the enforcement of these safety zones to be made by all appropriate
means to effect the widest publicity among the affected segments of the
public, including publication on the local notice to mariners, marine
information broadcasts, and facsimile. Fireworks barges used in these
locations will also have a sign on their port and starboard side labeled
``FIREWORKS-STAY AWAY''. This sign will consist of 10[sec] high by
1.5[sec] wide red lettering on a white background. Shore sites used in
these locations will display a sign labeled ``FIREWORKS-STAY AWAY'' with
the same dimensions.
(c) Enforcement period. This section will be enforced from 6 p.m.
(local) to 1 a.m. (local) each day a barge with ``FIREWORKS-STAY AWAY''
sign on the port and starboard side is on-scene or a ``FIREWORKS-STAY
AWAY'' sign is posted in a location listed in paragraph (a) of this
section. Vessels may enter, remain in, or transit through these safety
zones during this time frame if authorized by the Captain of the Port
Cleveland or the designated Coast Guard Patrol Commander on scene.
(d) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on scene Patrol
Commander. Coast Guard patrol personnel include commissioned, warrant,
and petty officers of the U.S. Coast Guard. Upon being hailed by a U.S.
Coast Guard vessel via siren, radio, flashing light, or other means, the
operator shall proceed as directed.
(3) Several of the safety zones in this regulation encompass
portions commercial navigation channels but are not expected to
adversely affect shipping. In cases where shipping is affected,
commercial vessels may request permission from the Patrol Commander or
Captain of the Port to transit the safety zone. Approval will be made on
a case-by-case basis. Requests must be made in advance and approved by
the Captain of the Port before transits will be authorized. The Captain
of the Port may be contacted via the U.S. Coast Guard Patrol Commander
(PAT COM) on Channel 16, VHF-FM.
[CGD09-03-202, 69 FR 43750, July 22, 2004]
Fifth Coast Guard District
Sec. 165.500 Safety/Security Zones; Chesapeake Bay, Maryland.
(a) Definitions. (1) Certain Dangerous Cargo (CDC) means a material
defined in 33 CFR part 160.
(2) Liquefied Hazardous Gas (LHG) means a material defined in 33 CFR
part 127.
(3) Liquefied Natural Gas (LNG) means a material defined in 33 CFR
part 127.
(4) Cruise ship means a vessel defined as a ``passenger vessel'' in
46 U.S.C. 2101 (22).
(b) Location. The following areas are a safety/security zone: All
waters of the Chesapeake Bay and its tributaries, from surface to
bottom, within a 500 yard radius around cruise ships and vessels
transporting CDC, LNG, or LHG while transiting, anchored, or moored
within the COTP Baltimore zone.
(c) Regulations. (1) The COTP will notify the maritime community of
affected vessels and the periods during which the safety/security zones
will be enforced by providing notice to mariners in accordance with 33
CFR 165.7.
(2) Entry into or remaining in this zone is prohibited unless
authorized by the Coast Guard COTP, Baltimore, Maryland or his
designated representative.
(3) Persons desiring to transit the area of the security zone may
contact
[[Page 675]]
the COTP at telephone number 410-576-2693 or on VHF channel 16 (156.8
MHz) to seek permission to transit the area. If permission is granted,
all persons and vessels must comply with the instructions of the COTP or
his or her designated representative.
(d) Authority. In addition to 33 U.S.C. 1231, the authority for this
section includes 50 U.S.C. 191.
[CDG05-03-008, 68 FR 43311, July 22, 2003]
Sec. 165.501 Chesapeake Bay entrance and Hampton Roads, VA and adjacent
waters--Regulated Navigation Area.
(a) Location. The waters enclosed by the shoreline and the following
lines are a Regulated Navigation Area:
(1) Offshore zone. A line drawn due East from the mean low water
mark at the North Carolina and Virginia border at latitude
36[deg]33[min]03[sec] N, longitude 75[deg]52[min]00[sec] W, to the
Territorial Seas boundary line at latitude 36[deg]33[min]05[sec] N,
longitude 75[deg]36[min]51[sec] W, thence generally Northeastward along
the Territorial Seas boundary line to latitude 38[deg]01[min]39[sec] N,
longitude 74[deg]57[min]18[sec] W, thence due West to the mean low water
mark at the Maryland and Virginia border at latitude
38[deg]01[min]39[sec] N, longitude 75[deg]14[min]30[sec] W, thence South
along the mean low water mark on the Virginia coast, and eastward of the
Colregs Demarcation Lines across Chincoteague Inlet, Assawoman Inlet,
Gargathy Inlet, Metompkin Inlet, Wachapreague Inlet, Quinby Inlet, Great
Machipongo Inlet, Sand Shoal Inlet, New Inlet, Ship Shoal Inlet and
Little Inlet, to the Colregs Demarcation Line across the mouth of
Chesapeake Bay, continuing south along the Virginia low water mark and
eastward of the Colregs Demarcation Line across Rudee Inlet to the point
of beginning. All positions reference NAD 83.
(2) Inland zone. The waters enclosed by the shoreline and the
following lines:
(i) A line drawn across the entrance to Chesapeake Bay between Wise
Point and Cape Charles Light, and then continuing to Cape Henry Light.
(ii) A line drawn across the Chesapeake Bay between Old Point
Comfort Light and Cape Charles City Range ``A'' Rear Light.
(iii) A line drawn across the James River along the eastern side of
U.S. Route 17 highway bridge, between Newport News and Isle of Wight
County, Virginia.
(iv) A line drawn across Chuckatuck Creek along the northern side of
the north span of the U.S. Route 17 highway bridge, between Isle of
Wight County and Suffolk, Virginia.
(v) A line drawn across the Nansemond River along the northern side
of the Mills Godwin (U.S. Route 17) Bridge, Suffolk, Virginia.
(vi) A line drawn across the mouth of Bennetts Creek, Suffolk,
Virginia.
(vii) A line drawn across the Western Branch of the Elizabeth River
along the eastern side of the West Norfolk Bridge, Portsmouth, Virginia.
(viii) A line drawn across the Southern Branch of the Elizabeth
River along the northern side of the I-64 highway bridge, Chesapeake,
Virginia.
(ix) A line drawn across the Eastern Branch of the Elizabeth River
along the western side of the west span of the Campostella Bridge,
Norfolk, Virginia.
(x) A line drawn across the Lafayette River along the western side
of the Hampton Boulevard Bridge, Norfolk, Virginia.
(xi) A line drawn across Little Creek along the eastern side of the
Ocean View Avenue (U.S. Route 60) Bridge, Norfolk, Virginia.
(xii) A line drawn across Lynnhaven Inlet along the northern side of
Shore Drive (U.S. Route 60) Bridge, Virginia Beach, Virginia.
(b) Definitions. In this section:
CBBT means the Chesapeake Bay Bridge Tunnel.
Coast Guard Patrol Commander is a Coast Guard commissioned, warrant
or petty officer who has been designated by the Commander, Coast Guard
Group Hampton Roads.
Designated representative of the Captain of the Port means a person,
including the duty officer at the Coast Guard Marine Safety Office
Hampton Roads, the Joint Harbor Operations Center watchstander, or the
Coast Guard or Navy Patrol Commander who has been authorized by the
Captain of the Port to act on his or her behalf and at his or her
request to carry out such orders and directions as needed. All patrol
[[Page 676]]
vessels shall display the Coast Guard Ensign at all times when underway.
I-664 Bridge Tunnel means the Monitor Merrimac Bridge Tunnel.
Inland waters means waters within the COLREGS Line of Demarcation.
Thimble Shoal Channel consists of the waters bounded by a line
connecting Thimble Shoal Channel Lighted Bell Buoy 1TS, thence to
Thimble Shoal Lighted Gong Buoy 17, thence to Thimble Shoal Lighted Buoy
19, thence to Thimble Shoal Lighted Buoy 21, thence to Thimble Shoal
Lighted Buoy 22, thence to Thimble Shoal Lighted Buoy 18, thence to
Thimble Shoal Lighted Buoy 2, thence to the beginning.
Thimble Shoal North Auxiliary Channel consists of the waters in a
rectangular area 450 feet wide adjacent to the north side of Thimble
Shoal Channel, the southern boundary of which extends from Thimble Shoal
Channel Lighted Buoy 2 to Thimble Shoal Lighted Buoy 18.
Thimble Shoal South Auxiliary Channel consists of the waters in a
rectangular area 450 feet wide adjacent to the south side of Thimble
Shoal Channel, the northern boundary of which extends from Thimble Shoal
Channel Lighted Bell Buoy 1TS, thence to Thimble Shoal Lighted Gong Buoy
17, thence to Thimble Shoal Lighted Buoy 19, thence to Thimble Shoal
Lighted Buoy 21.
(c) Applicability. This section applies to all vessels operating
within the Regulated Navigation Area, including naval and public
vessels, except vessels that are engaged in the following operations:
(1) Law enforcement.
(2) Servicing aids to navigation.
(3) Surveying, maintenance, or improvement of waters in the
Regulated Navigation Area.
(d) Regulations--(1) Anchoring restrictions. No vessel over 65 feet
long may anchor or moor in the inland waters of the Regulated Navigation
Area outside an anchorage designated in Sec. 110.168 of this title,
with these exceptions:
(i) The vessel has the permission of the Captain of the Port.
(ii) Only in an emergency, when unable to proceed without
endangering the safety of persons, property, or the environment, may a
vessel anchor in a channel.
(iii) A vessel may not anchor within the confines of Little Creek
Harbor, Desert Cove, or Little Creek Cove without the permission of the
Captain of the Port. The Captain of the Port shall consult with the
Commander, Naval Amphibious Base Little Creek, before granting
permission to anchor within this area.
(2) Anchoring detail requirements. A self-propelled vessel over 100
gross tons, which is equipped with an anchor or anchors (other than a
tugboat equipped with bow fenderwork of a type of construction that
prevents an anchor being rigged for quick release), that is underway
within two nautical miles of the CBBT or the I-664 Bridge Tunnel shall
station its personnel at locations on the vessel from which they can
anchor the vessel without delay in an emergency.
(3) Secondary towing rig requirements on inland waters. (i) A vessel
over 100 gross tons may not be towed in the inland waters of the
Regulated Navigation Area unless it is equipped with a secondary towing
rig, in addition to its primary towing rig, that:
(A) Is of sufficient strength for towing the vessel.
(B) Has a connecting device that can receive a shackle pin of at
least two inches in diameter.
(C) Is fitted with a recovery pickup line led outboard of the
vessel's hull.
(ii) A tow consisting of two or more vessels, each of which is less
than 100 gross tons, that has a total gross tonnage that is over 100
gross tons, shall be equipped with a secondary towing rig between each
vessel in the tow, in addition to its primary towing rigs, while the tow
is operating within this Regulated Navigation Area. The secondary towing
rig must:
(A) Be of sufficient strength for towing the vessels.
(B) Have connecting devices that can receive a shackle pin of at
least two inches in diameter.
(C) Be fitted with recovery pickup lines led outboard of the
vessel's hull.
(4) Thimble Shoals Channel controls. (i) A vessel drawing less than
25 feet may not enter the Thimble Shoal Channel, unless the vessel is
crossing the channel. Masters should consider the squat of their vessel
based upon vessel design
[[Page 677]]
and environmental conditions. Channel crossings shall be made as
perpendicular to the channel axis as possible.
(ii) Except when crossing the channel, a vessel in the Thimble Shoal
North Auxiliary Channel shall proceed in a westbound direction.
(iii) Except when crossing the channel, a vessel in the Thimble
Shoal South Auxiliary Channel shall proceed in an eastbound direction.
(5) Restrictions on vessels with impaired maneuverability--(i)
Before entry. A vessel over 100 gross tons, whose ability to maneuver is
impaired by heavy weather, defective steering equipment, defective main
propulsion machinery, or other damage, may not enter the Regulated
Navigation Area without the permission of the Captain of the Port.
(ii) After entry. A vessel over 100 gross tons, which is underway in
the Regulated Navigation Area, that has its ability to maneuver become
impaired for any reason, shall, as soon as possible, report the
impairment to the Captain of the Port.
(6) Requirements for navigation charts, radars, and pilots. No
vessel over 100 gross tons may enter the Regulated Navigation Area,
unless it has on board:
(i) Corrected charts of the Regulated Navigation Area. Instead of
corrected paper charts, warships or other vessels owned, leased, or
operated by the United States Government and used only in government
noncommercial service may carry electronic charting and navigation
systems that have met the applicable agency regulations regarding
navigation safety.
(ii) An operative radar during periods of reduced visibility;
(iii) When in inland waters, a pilot or other person on board with
previous experience navigating vessels on the waters of the Regulated
Navigation Area.
(7) Emergency procedures. (i) Except as provided in paragraph
(d)(7)(ii) of this section, in an emergency any vessel may deviate from
the regulations in this section to the extent necessary to avoid
endangering the safety of persons, property, or the environment.
(ii) A vessel over 100 gross tons with an emergency that is located
within two nautical miles of the CBBT or I-664 Bridge Tunnel shall
notify the Captain of the Port of its location and the nature of the
emergency, as soon as possible.
(8) Vessel speed limits--(i) Little Creek. A vessel may not proceed
at a speed over five knots between the Route 60 bridge and the mouth of
Fishermans Cove (Northwest Branch of Little Creek).
(ii) Southern Branch of the Elizabeth River. A vessel may not
proceed at a speed over six knots between the junction of the Southern
and Eastern Branches of the Elizabeth River and the Norfolk and
Portsmouth Belt Line Railroad Bridge between Chesapeake and Portsmouth,
Virginia.
(iii) Norfolk Harbor Reach. Nonpublic vessels of 300 gross tons or
more may not proceed at a speed over 10 knots between the Elizabeth
River Channel Lighted Gong Buoy 5 of Norfolk Harbor Reach (southwest of
Sewells Point) at approximately 36[deg]58[min]00[sec] N,
076[deg]20[min]00[sec] W, and gated Elizabeth River Channel Lighted
Buoys 17 and 18 of Craney Island Reach (southwest of Norfolk
International Terminal at approximately 36[deg]54[min]17[sec] N, and
076[deg]20[min]11[sec] W.
(9) Port security requirements. Vessels in excess of 300 gross tons,
including tug and barge combinations in excess of 300 gross tons
(combined), shall not enter the Regulated Navigation Area, move within
the Regulated Navigation Area, or be present within the Regulated
Navigation Area, unless they comply with the following requirements:
(i) Obtain authorization to enter the Regulated Navigation Area from
the designated representative of the Captain of the Port prior to entry.
All vessels entering or remaining in the Regulated Navigation Area may
be subject to a Coast Guard boarding.
(ii) Ensure that no person who is not a permanent member of the
vessel's crew, or a member of a Coast Guard boarding team, boards the
vessel without a valid purpose and photo identification.
(iii) Report any departure from or movement within the Regulated
Navigation Area to the designated representative of the Captain of the
Port prior to getting underway.
[[Page 678]]
(iv) The designated representative of the Captain of the Port shall
be contacted on VHF-FM channel 12, or by calling (757) 444-5209, (757)
444-5210, or (757) 668-5555.
(v) In addition to the authorities listed in this part, this
paragraph is promulgated under the authority under 33 U.S.C. 1226.
(e) Waivers. (1) The Captain of the Port may, upon request, waive
any regulation in this section.
(2) An application for a waiver must state the need for the waiver
and describe the proposed vessel operations.
(f) Control of vessels within the regulated navigation area. (1)
When necessary to prevent damage, destruction or loss of any vessel,
facility or port infrastructure, the Captain of the Port may direct the
movement of vessels or issue orders requiring vessels to anchor or moor
in specific locations.
(2) If needed for the maritime, commercial or security interests of
the United States, the Captain of the Port may order a vessel to move
from the location in which it is anchored to another location within the
Regulated Navigation Area.
(3) The master of a vessel within the Regulated Navigation Area
shall comply with any orders or directions issued to the master's vessel
by the Captain of the Port.
[CGD05-02-099, 68 FR 35175, June 12, 2003]
Sec. 165.502 Safety and Security Zone; Cove Point Liquefied Natural
Gas Terminal, Chesapeake Bay, Maryland.
(a) Location. The following area is a safety and security zone: All
waters of the Chesapeake Bay, from surface to bottom, encompassed by
lines connecting the following points, beginning at
38[deg]24[min]27[sec] N, 76[deg]23[min]42[sec] W, thence to
38[deg]24[min]44[sec] N, 76[deg]23[min]11[sec] W, thence to
38[deg]23[min]55[sec] N, 76[deg]22[min]27[sec] W, thence to
38[deg]23[min]37[sec] N, 76[deg]22[min]58[sec] W, thence to beginning at
38[deg]24[min]27[sec] N, 76[deg]23[min]42[sec] W. These coordinates are
based upon North American Datum (NAD) 1983. This area is 500 yards in
all directions from the Cove Point LNG terminal structure.
(b) Regulations. (1) In accordance with the general regulations in
Sec. Sec. 165.23 and 165.33 of this part, entry into or movement within
this zone is prohibited unless authorized by the Coast Guard Captain of
the Port, Baltimore, Maryland or his designated representative.
Designated representatives include any Coast Guard commissioned,
warrant, or petty officer.
(2) Persons desiring to transit the area of the zone may contact the
Captain of the Port at telephone number (410) 576-2693 or via VHF Marine
Band Radio Channel 16 (156.8 MHz) to seek permission to transit the
area. If permission is granted, all persons and vessels must comply with
the instructions of the Captain of the Port or his designated
representative.
(c) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, local, and private
agencies.
[CGD05-03-023, 68 FR 75133, Dec. 30, 2003]
Sec. 165.503 Security Zone; Captain of the Port Hampton Roads Zone.
(a) Definitions. As used in this section--
Certain dangerous cargo or CDC means a material defined as CDC in 33
CFR 160.204.
Designated Representative of the Captain of the Port is any U.S.
Coast Guard commissioned, warrant or petty officer who has been
authorized by the Captain of the Port (COTP), Hampton Roads, Virginia to
act on his or her behalf.
Passenger vessel means a vessel defined as a passenger vessel in 46
CFR part 70.
(b) Location. All navigable waters of the Captain of the Port
Hampton Roads zone (defined in 33 CFR 3.25-10) within 500 yards around a
passenger vessel or vessel carrying a CDC, while the passenger vessel or
vessel carrying CDC is transiting, moored or anchored.
(c) Regulations. (1) No vessel may approach within 500 yards of a
passenger vessel or vessel carrying a CDC within the Captain of the Port
Hampton Roads zone, unless traveling at the minimum speed necessary to
navigate safely.
(2) Under Sec. 165.33, no vessel or person may approach within 100
yards of a passenger vessel or vessel carrying a CDC within the Captain
of the Port Hampton Roads zone, unless authorized
[[Page 679]]
by the COTP Hampton Roads or his or her designated representative.
(3) The COTP Hampton Roads may notify the maritime and general
public by marine information broadcast of the periods during which
individual security zones have been activated by providing notice in
accordance with 33 CFR 165.7.
(4) A security zone in effect around a moving or anchored vessel
will be enforced by a law enforcement vessel. A security zone in effect
around a moored vessel will be enforced by a law enforcement agent
shoreside, a law enforcement vessel waterside, or both.
(5) Persons desiring to transit the area of the security zone within
100 yards of a passenger vessel or vessel carrying a CDC must contact
the COTP Hampton Roads on VHF-FM channel 16 (156.8 MHz) or telephone
number (757) 668-5555 or (757) 484-8192 to seek permission to transit
the area. All persons and vessels must comply with the instructions of
the COTP or the COTP's designated representative.
(d) Enforcement. The COTP will enforce these zones and may enlist
the aid and cooperation of any Federal, state, county, or municipal law
enforcement agency to assist in the enforcement of the regulation.
[CGD05-04-067, 69 FR 40769, July 7, 2004]
Sec. 165.504 Newport News Shipbuilding and Dry Dock Company Shipyard,
James River, Newport News, Va.
(a) Location. The following is a security zone: The waters of the
James River encompassed by a line beginning at the intersection of the
shoreline with the northernmost property line of the Newport News
Shipbuilding and Dry Dock Co. at latitude 37[deg]00[min]38.1[sec] N,
longitude 76[deg]27[min]05.7[sec] W, thence southerly to latitude
36[deg]59[min]58.4[sec] N, longitude 76[deg]27[min]16.7[sec] W, thence
southeasterly to latitude 36[deg]59[min]23.0[sec] N, longitude
76[deg]26[min]54.6[sec] W, thence westerly to latitude
36[deg]59[min]21.5[sec] N, longitude 76[deg]26[min]58.4[sec] W, thence
southeasterly to latitude 36[deg]59[min]12.9[sec] N, longitude
76[deg]26[min]52.4[sec] W, thence easterly to latitude
36[deg]59[min]14.2[sec] N, longitude 76[deg]26[min]49.1[sec] W, thence
southeasterly to latitude 36[deg]58[min]37.8[sec] N, longitude
76[deg]26[min]26.3[sec] W, thence easterly to latitude
36[deg]58[min]43.5[sec] N, longitude 76[deg]26[min]13.7[sec] W, thence
northerly to the intersection of the shoreline with the southernmost
property line of the Newport News Shipbuilding and Dry Dock Co. at
latitude 36[deg]58[min]48.0[sec] N, longitude 76[deg]26[min]11.2[sec] W,
thence northwesterly along the shoreline to the point of beginning.
(b) Security zone anchorage. The following is a security zone
anchorage: The waters of the James River encompassed by a line beginning
at the intersection of the shoreline with the northernmost property line
of the Newport News Shipbuilding and Dry Dock Company shipyard at
latitude 37[deg]00[min]38.1[sec] N, longitude 76[deg]27[min]05.7[sec] W,
thence southerly to latitude 36[deg]59[min]58.4[sec] N, longitude
76[deg]27[min]16.7[sec] W, thence easterly to the shoreline at latitude
36[deg]59[min]58.5[sec] N, longitude 76[deg]27[min]11.6[sec] W, thence
along the shoreline to the point of beginning.
(c) Special Regulations. (1) Section 165.33 (a), (e), and (f) do not
apply to the following vessels or individuals on board those vessels:
(i) Public vessels of the United States.
(ii) Public vessels owned or operated by the Commonwealth of
Virginia or its subdivisions for law enforcement or firefighting
purposes.
(iii) Vessels owned by, operated by, or under charter to Newport
News Shipbuilding and Dry Dock Co.
(iv) Vessels that are performing work at Newport News Shipbuilding
and Dry Dock Co., including the vessels of subcontractors and other
vendors of Newport News Shipbuilding and Dry Dock Co. or other persons
that have a contractual relationship with Newport News Shipbuilding and
Dry Dock Co.
(v) Vessels that are being built, rebuilt, repaired, or otherwise
worked on at or by Newport News Shipbuilding and Dry Dock Co. or another
person authorized to perform work at the shipyard.
(vi) Vessels that are authorized by Newport News Shipbuilding and
Dry Dock Company to moor at and use its facilities.
(vii) Commercial shellfish harvesting vessels taking clams from the
shellfish beds within the zone, if
(A) The owner of the vessel has previously provided the Captain of
the Port, Hampton Roads, Virginia, information about the vessel,
including:
[[Page 680]]
(1) The name of the vessel;
(2) The vessel's official number, if documented, or state number, if
numbered by a state issuing authority;
(3) A brief description of the vessel, including length, color, and
type of vessel;
(4) The name, Social Security number, current address, and telephone
number of the vessel's master, operator, or person in charge; and
(5) Upon request, information the vessel's crew.
(B) The vessel is operated in compliance with any specific orders
issued to the vessel by the Captain of the Port or other regulations
controlling the operation of vessels within the security zone that may
be in effect.
(d) Enforcement. The U.S. Coast Guard may be assisted in the
enforcement of this zone by the U.S. Navy.
[CGD5 86-03, 51 FR 18322, May 19, 1986, as amended by CGD5 87-038, 52 FR
41996, Nov. 2, 1987]
Sec. 165.505 Security Zone; Calvert Cliffs Nuclear Power Plant,
Chesapeake Bay, Calvert County, Maryland.
(a) Location. The following area is a security zone: All waters of
the Chesapeake Bay, from surface to bottom, encompassed by lines
connecting the following points, beginning at 38[deg]26[min]06[sec] N,
076[deg]26[min]18[sec] W, thence to 38[deg]26[min]10[sec] N,
076[deg]26[min]12[sec] W, thence to 38[deg]26[min]21[sec] N,
076[deg]26[min]28[sec] W, thence to 38[deg]26[min]14[sec] N,
076[deg]26[min]33[sec] W, thence to beginning at 38[deg]26[min]06[sec]
N, 076[deg]26[min]18[sec] W. These coordinates are based upon North
American Datum (NAD) 1983.
(b) Regulations. (1) Entry into or remaining in this zone is
prohibited unless authorized by the Coast Guard Captain of the Port,
Baltimore, Maryland.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number 410-576-2693 or on
VHF channel 16 (156.8 MHz) to seek permission to transit the area. If
permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port or his or her designated
representative.
(c)Authority: In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
[CGD05-02-080, 68 FR 15053, Mar. 28, 2003]
Sec. 165.506 Safety Zones; Fifth Coast Guard District Fireworks Displays.
(a) Locations. (1) Patuxent River, Solomons Island, MD, Safety Zone.
All waters of Patuxent River within a 300 yard radius of the fireworks
barge in an area bound by the following points:38[deg]19[min]42[sec] N,
076[deg]28[min]02[sec] W; thence to 38[deg]19[min]26[sec] N,
076[deg]28[min]18[sec] W; thence to 38[deg]18[min]48[sec] N,
076[deg]27[min]42[sec] W; thence to 38[deg]19[min]06[sec] N
076[deg]27[min]25[sec] W; (Datum NAD 1983), thence to the point of
origin, located near Solomons Island, MD.
(2) Middle River, Baltimore County, MD, Safety Zone. All waters of
the Middle River within a 300 yard radius of the fireworks barge in
approximate position 39[deg]17[min]45[sec] N, 076[deg]23[min]49[sec] W
(Datum NAD 1983), approximately 300 yards east of Rockaway Beach, near
Turkey Point.
(3) Northeast River, North East, MD, Safety Zone. All waters of the
Northeast River within a 300 yard radius of the fireworks barge in
approximate position 39[deg]35[min]26[sec] N, 075[deg]57[min]00[sec] W
(Datum NAD 1983), approximately 400 yards south of North East Community
Park.
(4) Potomac River, Charles County, MD, Safety Zone. All waters of
the Potomac River within a 250 yard radius of the fireworks barge in
approximate position 38[deg]20[min]30[sec] N, 077[deg]14[min]30[sec] W
(Datum NAD 1983), located near Fairview Beach, Virginia.
(5) Baltimore Inner Harbor, Patapsco River, MD, Safety Zone. All
waters of the Patapsco River within a 150 yard radius of the fireworks
barge in approximate position 39[deg]16[min]55[sec] N,
076[deg]36[min]17[sec] W (Datum NAD 1983), located at the entrance to
Baltimore Inner Harbor, approximately 150 yards southwest of pier 6.
(6) Northwest Harbor, (Western Section) Patapsco River, MD, Safety
Zone. All waters of the Patapsco River within a 250 yard radius of the
fireworks barge in approximate position 39[deg]16[min]37[sec] N,
076[deg]35[min]54[sec] W (Datum NAD 1983), located near the western end
of Northwest Harbor.
[[Page 681]]
(7) Northwest Harbor (East Channel), Patapsco River, MD, Safety
Zone. All waters of the Patapsco River within a 300 yard radius of the
fireworks barge in approximate position 39[deg]15[min]55[sec] N,
076[deg]34[min]35[sec] W (Datum NAD 1983), located adjacent to the East
Channel of Northwest Harbor.
(8) Washington Channel, Upper Potomac River, Washington, DC, Safety
Zone. All waters of the Upper Potomac River within a 150 yard radius of
the fireworks barge in approximate position 38[deg]52[min]09[sec] N,
077[deg]01[min]13[sec] W (Datum NAD 1983), located within the Washington
Channel in Washington Harbor, DC.
(9) Dukeharts Channel, Potomac River, MD, Safety Zone. All waters of
the Potomac River within a 150 yard radius of the fireworks barge in
approximate position 38[deg]1348[sec] N, 076[deg]44[min]37[sec] W (Datum
NAD 1983), located adjacent to Dukeharts Channel near Coltons Point,
Maryland.
(10) Severn River and Spa Creek, Annapolis, MD, Safety Zone. All
waters of the Severn River and Spa Creek within an area bounded by a
line drawn from 38[deg]58[min]39.6[sec] N, 076[deg]28[min]49[sec] W;
thence to 38[deg]58[min]41[sec] N, 076[deg]28[min]14[sec] W; thence to
38[deg]59[min]01[sec] N, 076[deg]28[min]37[sec] W; thence to
38[deg]58[min]57[sec] N, 076[deg]28[min]40[sec] W (Datum NAD 1983),
located near the entrance to Spa Creek in Annapolis, Maryland.
(11) Miles River, St. Michaels, MD, Safety Zone. All waters of the
Miles River within a 200 yard radius of the fireworks barge in
approximate position 38[deg]47[min]42[sec] N, 076[deg]12[min]23[sec] W
(Datum NAD 1983), located near the waterfront of St. Michaels, Maryland.
(12) Chesapeake Bay, Chesapeake Beach, MD, Safety Zone. All waters
of the Chesapeake Bay within a 150 yard radius of the fireworks barge in
approximate position 38[deg]41[min]33[sec] N, 076[deg]31[min]48[sec] W
(Datum NAD 1983), located near Chesapeake Beach, Maryland.
(13) Choptank River, Cambridge, MD, Safety Zone. All waters of the
Choptank River within a 300 yard radius of the fireworks launch site at
Great Marsh Point, located at 38[deg]35[min]06[sec] N,
076[deg]04[min]46[sec] W (Datum NAD 1983).
(14) Chester River, Kent Island Narrows, MD, Safety Zone. All waters
of the Chester River within a 250 yard radius of the fireworks barge in
approximate position 38[deg]58[min]51.6[sec] N, 076[deg]14[min]49.8[sec]
W (Datum NAD 1983), approximately 500 yards west of the northern
approach to Kent Island Narrows channel.
(15) Atlantic Ocean, Ocean City, MD, Safety Zone. All waters of the
Atlantic Ocean in an area bound by the following points:
38[deg]19[min]39.9[sec] N, 075[deg]05[min]03.2[sec] W; thence to
38[deg]19[min]36.7[sec] N, 075[deg]04[min]53.5[sec] W; thence to
38[deg]19[min]45.6[sec] N, 075[deg]04[min]49.3[sec] W; thence to
38[deg]19[min]49.1[sec] N, 075[deg]05[min]00.5[sec] W; (Datum NAD 1983),
thence to point of origin. The size of the proposed zone extends
approximately 300 yards offshore from the fireworks launch area located
at the High Water mark on the beach.
(16)Isle of Wight Bay, Ocean City, MD, Safety Zone. All waters of
Isle of Wight Bay within a 350 yard radius of the fireworks barge in
approximate position 38[deg]22[min]32[sec] N, 075[deg]04[min]30[sec] W
(Datum NAD 1983).
(17) Assawoman Bay, Fenwick Island--Ocean City, MD, Safety Zone. All
waters of Assawoman Bay within a 360 yard radius of the fireworks launch
location on the pier at the West end of Northside Park, in approximate
position 38[deg]25[min]57.6[sec] N, 075[deg]03[min]55.8[sec] W (Datum
NAD 1983).
(18) Atlantic Ocean, Rehoboth Beach, DE, Safety Zone. All waters of
the Atlantic Ocean within a 360 yard radius of the fireworks barge in
approximate position 38[deg]43[min]01.2[sec] N, 075[deg]04[min]21[sec] W
(Datum NAD 1983), approximately 400 yards east of Rehoboth Beach, DE.
(19) Indian River Bay, DE, Safety Zone. All waters of the Indian
River Bay within a 360 yard radius of the fireworks launch location on
the pier in approximate position 38[deg]36[min]42[sec] N,
075[deg]08[min]18[sec] W (Datum NAD 1983), about 700 yards east of Pots
Net Point, DE.
(20) Little Egg Harbor, Parker Island, NJ, Safety Zone. All waters
of Little Egg Harbor within a 500 yard radius of the fireworks barge in
approximate position 39[deg]34[min]18[sec] N, 074[deg]14[min]43[sec] W
(Datum NAD 1983), approximately 100 yards north of Parkers Island.
(21) Barnegat Bay, Ocean Township, NJ, Safety Zone. All waters of
Barnegat Bay within a 500 yard radius of the fireworks barge in
approximate position 39[deg]47[min]33[sec] N, 074[deg]10[min]46[sec] W
(Datum NAD 1983).
[[Page 682]]
(22) Delaware Bay, North Cape May, NJ, Safety Zone. All waters of
the Delaware Bay within a 500 yard radius of the fireworks barge in
approximate position 38[deg]58[min]00[sec] N, 074[deg]58[min]30[sec] W
(Datum NAD 1983).
(23) Delaware River, Philadelphia, PA, Safety Zone. All waters of
Delaware River, adjacent to Penns Landing, Philadelphia, PA, bounded
from shoreline to shoreline, bounded on the south by a line running east
to west from points along the shoreline at 39[deg]56[min]31.2[sec] N,
075[deg]08[min]28.1[sec] W; thence to 39[deg]56[min]29.1[sec] N,
075[deg]07[min]56.5[sec] W, and bounded on the north by the Benjamin
Franklin Bridge, (Datum NAD 1983).
(24) Morehead City Harbor Channel, NC, Safety Zone. All waters of
Morehead City Harbor Channel that fall within a 360 yard radius of
latitude 34[deg]43[min]01[sec] N, 076[deg]42[min]59.6[sec] W, a position
located at the west end of Sugar Loaf Island, NC.
(25) Cape Fear River, Wilmington, NC, Safety Zone. All waters of the
Cape Fear River within an area bound by a line drawn from the following
points: 34[deg]14[min]12[sec] N, 077[deg]57[min]07.2[sec] W; thence to
34[deg]14[min]12[sec] N, 077[deg]57[min]06[sec] W; thence to
34[deg]13[min]54[sec] N, 077[deg]57[min]00[sec] W;, thence to
34[deg]13[min]54[sec] N, 077[deg]57[min]06[sec] W; thence to the point
of origin, (Datum NAD 1983), located 500 yards north of Cape Fear
Memorial Bridge.
(26) Cape Fear River, Southport, NC, Safety Zone. All waters of the
Cape Fear River within a 600 yard radius of the fireworks barge in
approximate position 33[deg]54[min]40[sec] N, 078[deg]01[min]18[sec] W
(Datum NAD 1983), approximately 700 yards south of the waterfront at
Southport, NC.
(27) Green Creek and Smith Creek, Oriental, NC, Safety Zone. All
waters of Green Creek and Smith Creek that fall within a 300 yard radius
of the fireworks launch site at 35[deg]01[min]29.6[sec] N,
076[deg]42[min]10.4[sec] W (Datum NAD 1983), located near the entrance
to the Neuse River in the vicinity of Oriental, NC.
(28) Pamlico River, Washington, NC, Safety Zone. All waters of the
Pamlico River that fall within a 300 yard radius of the fireworks launch
site at 35[deg]32[min]19[sec] N, 077[deg]03[min]20.5[sec] W (Datum NAD
1983), located 500 yards north of Washington railroad trestle bridge.
(29) Neuse River, New Bern, NC, Safety Zone. All waters of the Neuse
River within a 360 yard radius of the fireworks barge in approximate
position 35[deg]06[min]07.1[sec] N, 077[deg]01[min]35.8[sec] W (Datum
NAD 1983), located 420 yards north of the New Bern, Twin Span, high rise
bridge.
(30) Upper Potomac River, Alexandria, VA, Safety Zone. All waters of
the Upper Potomac River within a 300 yard radius of the fireworks barge
in approximate position 38[deg]48[min]37[sec] N, 077[deg]02[min]02[sec]
W (Datum NAD 1983), located near the waterfront of Alexandria, Virginia.
(31) Potomac River, Prince William County, VA, Safety Zone. All
waters of the Potomac River within a 200 yard radius of the fireworks
barge in approximate position 38[deg]34[min]08[sec] N,
077[deg]15[min]34[sec] W (Datum NAD 1983), located near Cherry Hill,
Virginia.
(32) Chincoteague Channel, Chincoteague, VA, Safety Zone. All waters
of the Chincoteague Channel within a 360 yard radius of the fireworks
launch location at the Chincoteague carnival waterfront in approximate
position 37[deg]55[min]40.3[sec] N, 075[deg]23[min]10.7[sec] W (Datum
NAD 1983), approximately 900 yards southwest of Chincoteague Swing
Bridge.
(33) Atlantic Ocean, Virginia Beach, VA, Safety Zone. All waters of
the Atlantic Ocean enclosed within a 360 yard radius of the center
located on the beach at approximate position 36[deg]51[min]34.8[sec] N,
075[deg]58[min]30[sec] W (Datum NAD 1983).
(34) Elizabeth River, Southern Branch, Norfolk, VA, Safety Zone: All
waters of Elizabeth River Southern Branch in an area bound by the
following points: 36[deg]50[min]54.8[sec] N, 076[deg]18[min]10.7[sec] W;
thence to 36[deg]51[min]7.9[sec] N, 076[deg]18[min]01[sec] W; thence to
36[deg]50[min]45.6[sec] N, 076[deg]17[min]44.2[sec] W; thence to
36[deg]50[min]29.6[sec] N, 076[deg]17[min]23.2[sec] W; thence to
36[deg]50[min]7.7[sec] N, 076[deg]17[min]32.3[sec] W; thence to
36[deg]49[min]58[sec] N, 076[deg]17[min]28.6[sec] W; thence to
36[deg]49[min]52.6[sec] N, 076[deg]17[min]43.8[sec] W; thence to
36[deg]50[min]27.2[sec] N, 076[deg]17[min]45.3[sec] W thence to the
point of origin,(Datum NAD 1983).
(b) Notification. (1) Fireworks barges and launch sites on land in
paragraph (a) of this section shall have a sign on the port and
starboard side of the barge or mounted on a post 3 foot above ground
level when on land and facing the water labeled ``FIREWORKS--DANGER--
STAY AWAY''. This will provide on scene notice that the safety
[[Page 683]]
zone will be enforced on that day. This notice will consist of a diamond
shaped sign 4 foot by 4 foot with a 3-inch orange retro-reflective
border. The word ``DANGER'' shall be 10 inch black block letters
centered on the sign with the words ``FIREWORKS'' and ``STAY AWAY'' in 6
inch black block letters placed above and below the word ``DANGER''
respectively on a white background.
(2) Coast Guard Captains of the Port in the Fifth Coast Guard
District will notify the public of the enforcement of these safety zones
by all appropriate means to effect the widest publicity among the
affected segments of the public, including publication in the local
notice to mariners, marine information broadcasts, and facsimile
broadcasts may be made for these events, beginning 24 to 48 hours before
the event is scheduled to begin, to notify the public.
(c) Enforcement period. The safety zones in paragraph (a) of this
section will be enforced from 5:30 p.m. to 1 a.m. each day a barge with
a ``FIREWORKS--DANGER--STAY AWAY'' sign on the port and starboard side
is on-scene or a ``FIREWORKS--DANGER--STAY AWAY'' sign is posted on
land, in a location listed in paragraph (a) of this section. Vessels may
not enter, remain in, or transit through the safety zones during these
enforcement periods unless authorized by the Captain of the Port or
designated Coast Guard patrol personnel on scene.
(d) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on-scene-patrol
personnel. Those personnel are compromised of commissioned, warrant, and
petty officers of the Coast Guard. Other Federal, State and local
agencies may assist these personnel in the enforcement of the safety
zone. Upon being hailed by the U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of a vessel shall proceed as
directed.
(e) Definitions.
Captain of the Port means any Coast Guard commissioned, warrant or
petty officer who has been authorized by the Captain of the Port to act
on his or her behalf.
State or local law enforcement officers mean any State or local
government law enforcement officer who has the authority to enforce
State criminal laws.
[CGD05-05-013, 70 FR 24958, May 12, 2005]
Sec. 165.510 Delaware Bay and River, Salem River, Christina River and
Schuylkill River-Regulated Navigation Area.
(a) Regulated Navigation Area. The following is a Regulated
Navigation Area: The navigable waters of Delaware Bay and River, Salem
River, Christina River, and Schuylkill River, in an area bounded on the
south by a line drawn across the entrance to the Delaware Bay between
Cape May Light and Harbor of Refuge Light and then continuing to the
northernmost extremity of Cape Henlopen, and bounded on the north by a
line drawn across the Delaware River between Trenton, NJ and
Morrisville, PA along the southern side of the U.S. Route 1 Bridge.
(b) Definitions. As used in this section:
COTP means the Captain of the Port, Philadelphia, PA and any Coast
Guard commissioned, warrant or petty officer who has been authorized by
the COTP to act on his or her behalf.
Dangerous Cargo means those cargoes listed in Sec. 160.203 of this
chapter when carried in bulk, but does not include cargoes listed in
Table 1 of 46 CFR part 153.
Underway means that a vessel is not at anchor, made fast to the
shore, or aground.
(c) Applicability. This section applies to any vessel operating
within the Regulated Navigation Area, including a naval or public
vessel, except a vessel engaged in:
(1) Law enforcement;
(2) Servicing aids to navigation; or
(3) Surveying, maintaining, or improving waters within the Regulated
Navigation Area.
(d) Draft limitation. Unless otherwise authorized by the COTP, no
vessel with a draft greater than 55 feet may enter this regulated
navigation area.
[[Page 684]]
Note: The project depth in many areas of the Regulated Navigation
Area is less than 55 feet.
(e) Oil transfer operations. Unless otherwise authorized by the
COTP, no vessel to vessel oil transfer operations, excluding bunkering,
may be conducted within the area between the southern boundary of this
regulated navigation area and the southern span of the Delaware Memorial
Bridge except within the anchorage ground designated in 110.157(a)(1) of
this chapter.
(f) Requirements for vessels carrying dangerous cargoes. The master,
owner, or operator of a vessel carrying a dangerous cargo shall:
(1) Notify the COTP at least 72 hours before the vessel enters or
departs the regulated navigation area and at least 12 hours before the
vessel moves within the regulated navigation area. The notice must
include a report of the vessel's propulsion and machinery status and,
for foreign flag vessels, the notice must include any outstanding
deficiencies identified by the vessel's flag state or classification
society;
(2) Not enter, get or remain underway within the regulated
navigation area if visibility is or is expected to be less than two (2)
miles. If during the transit visibility becomes less than two (2) miles,
the vessel must seek safe anchorage and notify the COTP immediately;
(3) Not anchor in any area within the regulated navigation area
unless in times of emergency or with COTP permission;
(4) Not transfer dangerous cargo while the vessel is at anchor or
bunkering;
(5) Maintain a manned watch in the steering compartment whenever the
vessel is underway within the regulated navigation area unless the
vessel has two separate and independent steering control systems with
duplicate pilothouse steering gear control systems which meet the
requirements of 46 CFR 58.25-70;
(6) When anchored within the regulated navigation area and:
(i) Sustained winds are greater than 25 knots but less than 40
knots, ensure the main engines are ready to provide full power in five
minutes or less; and
(ii) Sustained winds are 40 knots or over, ensure that the main
engines are on line to immediately provide propulsion;
(7) While moored within the regulated navigation area, ensure that
at least two wire cable mooring lines (firewarps) are rigged and ready
for use as emergency towing hookups fore and aft on the outboard side of
the vessel;
(8) While underway or anchored within the regulated navigation area,
ensure that at least two wire cable mooring lines (firewarps) are rigged
and ready for use as emergency towing hookups fore and aft on the
vessel; and,
(9) Proceed as directed by the COTP.
(g) Requirements for vessels operating in the vicinity of a vessel
carrying dangerous cargoes. (1) Except for a vessel that is attending a
vessel carrying dangerous cargo with permission from the master of the
vessel carrying dangerous cargo or a vessel that is anchored or moored
at a marina, wharf, or pier, and which remains moored or at anchor, no
vessel may, without the permission of the COTP:
(i) Come or remain within 500 yards of the port or starboard side or
within 1,000 yards of the bow or stern of an underway vessel that is
carrying dangerous cargo; or
(ii) Come or remain within 100 yards of a moored or anchored vessel
carrying dangerous cargo.
(2) The master, owner, or operator of any vessel receiving
permission under paragraph (g)(1) of this section shall:
(i) Maintain a continuous radio guard on VHF-FM channels 13 and 16;
(ii) Operate at ``no wake'' speed or the minimum speed needed to
maintain steerage; and
(iii) Proceed as directed by the COTP.
(3) No vessel may overtake a vessel carrying dangerous cargoes
unless the overtaking can be completed before reaching any bend in the
channel. Before any overtaking, the pilots, masters or operators of both
the overtaking vessel and the vessel being overtaken must clearly agree
on the circumstances of the overtaking, including vessel speeds, time
and location of overtaking.
[[Page 685]]
(h) Additional restrictions above the C&D Canal. When operating on
the Delaware River above the C&D Canal:
(1) A vessel carrying dangerous cargo must be escorted by at least
one commercial tug; and
(2) Meeting situations shall be avoided on river bends to the
maximum extent possible.
(i) The COTP will issue a Broadcast Notice to Mariners to inform the
marine community of scheduled vessel movements during which the
restrictions imposed by paragraphs (g) and (h) of this section will be
in effect.
[CGD 05-96-010, 62 FR 40275, July 28, 1997, as amended by USCG-2000-
7223, 65 FR 40058, June 29, 2000]
Sec. 165.511 Security Zone; Atlantic Ocean, Chesapeake & Delaware
Canal, Delaware Bay, Delaware River and its tributaries.
(a) Location. A 500-yard radius around escorted passenger vessels in
the Captain of the Port, Philadelphia zone as defined in 33 CFR 3.25-05.
(b) Regulations. (1) All persons are required to comply with the
general regulations governing security zones in Sec. 165.33 of this
part.
(2) All persons or vessels operating at the minimum safe speed
necessary to maintain navigation may transit within 500 yards of an
escorted passenger vessel without the permission of the Captain of the
Port Philadelphia, PA or designated representative while the escorted
passenger vessel is in the Captain of the Port Philadelphia zone.
(3) No person or vessel may transit or remain within 100 yards of an
escorted passenger vessel without the permission of the Captain of the
Port Philadelphia, PA or designated representative while the passenger
vessel is in the Captain of the Port Philadelphia zone.
(4) Any person or vessel authorized to enter the security zone must
operate in strict conformance with any directions given by the Captain
of the Port Philadelphia, PA or designated representative and leave the
security zone immediately if the Captain of the Port Philadelphia, PA or
designated representative so orders.
(5) When an escorted passenger vessel approaches within 100 yards of
any vessel that is moored or anchored, the stationary vessel must stay
moored or anchored while it remains within 100 yards of the passenger
vessel unless it is either ordered by or given permission by the Captain
of the Port, Philadelphia or designated representative to do otherwise.
(6) The Coast Guard designated representative enforcing this section
can be contacted on VHF Marine Band Radio, channels 13 and 16. The
Captain of the Port can be contacted at (215) 271-4807.
(c) Maneuver-restricted vessels. When conditions permit, the Captain
of the Port or designated representative should:
(1) Permit vessels constrained by their navigational draft or
restricted in their ability to maneuver to pass within the 100 yards of
the passenger vessel in order to ensure safe passage in accordance with
the Navigation Rules as seen in 33 CFR chapter I, subchapters D and E;
and
(2) Permit vessels constrained by their navigational draft or
restricted in their ability to maneuver that must transit via a
navigable channel or waterway to pass within 100 yards of an anchored
passenger vessel.
(d) Definitions. As used in this section--
Captain of the Port means the Commanding Officer of the Coast Guard
Marine Safety Office/Group Philadelphia or any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port to act as a designated representative on his behalf.
Escort means assets (surface or air) with the Coast Guard insignia
that accompany and protect the escorted vessel, armed with crew-served
weapons that are manned and ready.
Passenger Vessels means vessels greater than 100 feet in length,
over 100 gross tons that are authorized to carry 500 or more passengers,
making voyages lasting more than 24 hours, except for ferries.
[CGD05-04-047, 69 FR 56697, Sept. 22, 2004]
[[Page 686]]
Sec. 165.514 Safety Zone: Atlantic Intracoastal Waterway and connecting
waters, vicinity of Marine Corps Base Camp Lejeune, North Carolina.
(a) Location. The following area is a safety zone: All waters of the
Atlantic Intracoastal Waterway (AICW) and connecting waters, from Bogue
Sound--New River Daybeacon 58 (LLNR 39210) at approximate position
34[deg]37[min]57[sec] North, 077[deg]12[min]18[sec] West, and continuing
in the AICW southwest to Bogue Sound--New River Daybeacon 70 (LLNR
39290) at approximate position 34[deg]33[min]07[sec] North,
077[deg]20[min]30[sec] West. All coordinates reference Datum: NAD 1983.
(b) Regulations. Notwithstanding the provisions of 33 CFR
334.440(e)(2)(i), no vessel may enter the safety zone described in
paragraph (a) of this section while weapons firing exercises are in
progress, except as provided in paragraph (c) of this section or unless
permitted by the Captain of the Port (COTP) Wilmington.
(1) Red warning flags or red warning lights will be displayed on
towers located at both ends of the safety zone (Bear Creek and Cedar
Point) while firing exercises are in progress. The flags or lights will
be displayed by 8 a.m. on days where firing exercises are scheduled, and
will be removed at the end of the firing exercise.
(2) A Coast Guard or U.S. Navy vessel will patrol each end of the
safety zone to ensure the public is aware that firing exercises are in
progress and that the firing area is clear of vessel traffic before
weapons are fired.
(c) General information--(1) Announcements. The COTP Wilmington will
announce the specific times and locations of firing exercises by
Broadcast Notice to Mariners and Local Notice to Mariners. Normally,
weapons firing for each firing exercise is limited to a two nautical
mile portion of the safety zone. The COTP may issue general permission
to transit all or specified parts of the safety zone outside of the
actual firing area or if firing is temporarily stopped. This general
permission will be announced in a Local Notice to Mariners and Broadcast
Notice to Mariners.
(2) Camp Lejeune Artillery Operations. Artillery weapons firing over
the AICW from Marine Corps Base Camp Lejeune will be suspended and
vessels permitted to transit the specified 2-nautical-mile firing area
for a 1-hour period beginning at the start of each odd-numbered hour
local time (e.g., 9 a.m.; 1 p.m.). A vessel may not enter the specified
firing area unless it will be able to complete its transit of the firing
area before firing exercises are scheduled to re-start.
(3) Atlantic Ocean Naval Gunnery live fire operations. Naval gunnery
live fire operations over the AICW from off shore on the Atlantic Ocean
may be conducted for periods not to exceed 4 hours, then suspended and
vessels permitted to transmit the specified two-mile firing area for a
minimum of one hour before firing may resume. A vessel may not enter the
specified firing area unless it will be able to complete its transit of
the firing area before firing exercises are scheduled to re-start.
(d) Contact information. U.S. Navy safety vessels may be contacted
on VHF marine band radio channels 13 (156.65 MHz) and 16 (156.8 MHz).
The Captain of the Port may be contacted at the Marine Safety Office
Wilmington, NC by telephone at 1 (877) 229-0770 or (910) 770-2200.
[CGD 05-98-38, 63 FR 58636, Nov. 2, 1998, as amended by USCG-2000-7223,
65 FR 40058, June 29, 2000; CGD05-03-167, 69 FR 41946, July 13, 2004]
Sec. 165.515 Safety Zone: Cape Fear River, Wilmington, North Carolina.
(a) Location. The following area is a safety zone:
(1) The waters of the Cape Fear River bounded by a line connecting
the following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
34[deg]14[min]12[sec] N 77[deg]57[min]10[sec] W
34[deg]14[min]12[sec] N 77[deg]57[min]06[sec] W
34[deg]13[min]54[sec] N 77[deg]57[min]00[sec] W
34[deg]13[min]54[sec] N 77[deg]57[min]06[sec] W
------------------------------------------------------------------------
(2) The safety zone boundary can be described as follows: starting
at the stern of the Battleship USS NORTH CAROLINA, across the Cape Fear
River to the north end of the Coast Guard moorings, down along the east
bank of the Cape Fear River to the bow of the tug CAPTAIN JOHN TAXIS
Memorial (Chandler's Wharf), back across the
[[Page 687]]
Cape Fear River to Eagle Island, and then up along the west bank of the
Cape Fear River to the stern of the Battleship USS NORTH CAROLINA.
(b) Definitions. The designated representative of the Captain of the
Port is any Coast Guard commissioned, warrant, or petty officer who has
been authorized by the Captain of the Port, Wilmington, North Carolina
to act on his behalf.
(c) General information. The Captain of the Port and the Duty
Officer at the Marine Safety Office, Wilmington, North Carolina, can be
contacted at telephone number 1-800-325-4956. The Coast Guard Patrol
Commander and the senior boarding officer on each vessel enforcing the
safety zone can be contacted on VHF-FM channels 16 and 81.
(d) Regulation. Except for persons or vessels authorized by the
Coast Guard Patrol Commander, no person or vessel may enter or remain in
the regulated area.
(1) The operator of any vessel in the immediate vicinity of this
safety zone shall:
(i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant, or petty officer on board a vessel displaying a
Coast Guard Ensign.
(ii) Proceed as directed by any commissioned, warrant, or petty
officer on board a vessel displaying a Coast Guard Ensign.
(2) Any spectator vessel may anchor outside of the regulated area
specified in paragraph (a) of the section, but may not block a navigable
channel.
(e) Effective date. The Captain of the Port will issue a Marine
Safety Information Broadcast and a Notice to Mariners to notify the
public when this section is in effect.
[59 FR 33200, June 28, 1994, as amended by USCG-2000-7223, 65 FR 40059,
June 29, 2000]
Sec. 165.518 Security Zone; Waters of the Fifth Coast Guard District.
(a) Definitions. As used in this section--
Designated Representative means any U.S. Coast Guard commissioned,
warrant or petty officer who has been authorized by the District
Commander or local Captain of the Port (COTP), as defined in 33 CFR part
3, subpart 3.25, to act on his or her behalf.
Escorted vessel means a vessel, other than a U.S. naval vessel as
defined in Sec. 165.2015, that is accompanied by one or more Coast
Guard assets or Federal, State or local law enforcement agency assets as
listed below:
(1) Coast Guard surface or air asset displaying the Coast Guard
insignia.
(2) Coast Guard Auxiliary surface asset displaying the Coast Guard
Auxiliary insignia.
(3) State and/or local law enforcement asset displaying the
applicable agency markings and or equipment associated with the agency.
State and/or local law enforcement officers means any State or local
government law enforcement officer who has authority to enforce State
criminal laws.
(b) Location. The following area is a security zone: 500-yard radius
around escorted vessels in the navigable waters of the Fifth Coast Guard
District as defined in 33 CFR 3.25-1, from surface to bottom.
(c) Regulations. (1) No vessel may approach within 500 yards of an
escorted vessel within the navigable waters of the Fifth Coast Guard
District, unless traveling at the minimum speed necessary to navigate
safely.
(2) No vessel may enter within a 100-yard radius of an escorted
vessel within the navigable waters of the Fifth Coast Guard District,
without approval from the District Commander, Captain of the Port or
their designated representatives.
(3) Moored or anchored vessels, which are overtaken by a moving
zone, must remain stationary at their location until the escorted vessel
maneuvers at least 500 yards past.
(4) Vessels restricted in their ability to maneuver may request
permission of the District Commander, Captain of the Port or designated
representative to enter the security zone in order to ensure safe
passage in accordance with the Navigation Rules in 33 CFR chapter I,
subparts D and E.
(5) The local COTP may notify the maritime and general public by
marine information broadcast of the periods during which individual
security zones
[[Page 688]]
have been activated by providing notice in accordance with 33 CFR 165.7.
(6) When moored, a security zone around an escorted vessel may also
be enforced by Coast Guard, State or Local law enforcement personnel
shoreside.
(7) Persons desiring to transit within 100 yards of an escorted
vessel in the Fifth Coast Guard District must contact the local Captain
of the Port on VHF channel 16 (156.800 MHz), VHF channel 13 (156.650
MHz) or at telephone numbers:
Philadelphia: (215) 271-4807
Baltimore: (410) 576-2693
Hampton Roads: (757) 668-5555 or (757) 484-8192
Wilmington: (910) 772-2200 or (910) 254-1500
(8) If permission is granted to transit within 100 yards of an
escorted vessel, all persons and vessels must comply with the
instructions of the District Commander, Captain of the Port or their
designated representative.
[CGD05-04-171, 70 FR 11551, Mar. 9, 2005]
Sec. 165.530 Safety Zone: Cape Fear and Northeast Cape Fear Rivers, NC.
(a) Location. The following area is a moving safety zone during the
specified conditions: The waters of the Cape Fear and Northeast Cape
Fear Rivers for 500 yards ahead and astern, and 75 yards abeam of a
vessel carrying hazardous materials when designated by the Captain of
the Port Wilmington, North Carolina.
(b) General Information. (1) The Captain of the Port and the Duty
Officer at the Marine Safety Office, Wilmington, North Carolina, can be
contacted at telephone number 1-800-325-4956. The Coast Guard Patrol
Commander enforcing the safety zone can be contacted on VHF-FM channels
16 and 81.
(2) The Captain of the Port may authorize and designate any Coast
Guard commissioned, warrant, or petty officer to act on his behalf in
enforcing this safety zone.
(3) The Marine Safety Office Wilmington will notify the maritime
community of periods during which this safety zone will be in effect by
providing advance notice of scheduled arrivals and departures of loaded
hazardous materials vessels via a marine broadcast Notice to Mariners.
(c) Regulation. The general regulations governing safety zones
contained in Sec. 165.23 apply.
[COTP Wilmington, NC 94-004, 59 FR 42759, Aug. 19, 1994, as amended by
USCG-2000-7223, 65 FR 40059, June 29, 2000]
Sec. 165.535 Safety Zone: Atlantic Ocean, Vicinity of Cape Henlopen
State Park, Delaware.
(a) Location. The following area is a safety zone: All waters of the
Atlantic Ocean within the area bounded by a line drawn north from the
tip of Cape Henlopen located at latitude 38[deg]48.2[min] N, longitude
75[deg]05.5[min] W, to a point located at latitude 38[deg]49.4[min] N,
longitude 75[deg]05.5[min] W; thence east to a point located at latitude
38[deg]49.4[min] N, longitude 75[deg]01.4[min] W; thence south to a
point located at latitude 38[deg]43.0[min] N, longitude 75[deg]01.4[min]
W; thence west to a point on the shoreline located at latitude
38[deg]43.0[min] N, longitude 75[deg]04.5[min] W; thence north following
the shoreline, to a point located at latitude 38[deg]48.2[min] N,
longitude 75[deg]05.5[min] W. All coordinate refer to Datum: NAD 1983.
(b) Regulation. The general regulations governing safety zones
contained in Sec. 165.23 apply. Vessels may not enter the safety zone
without first obtaining permission from the Captain of the Port (COTP)
Philadelphia.
(c) Dates. This section is enforced annually on the second Saturday
in May and the following day.
(d) General information. (1) Those times during which hazardous
conditions exist inside the safety zone will be announced by Broadcast
Notice to Mariners. General permission to enter the safety zone will be
broadcast during non-hazardous times.
(2) You can gain access to the safety by calling Group Atlantic City
command center at telephone number (609) 677-2222 and on VHF channel 13
or 16.
(3) The COTP Philadelphia may authorize and designate any Coast
Guard commissioned, warrant, or petty officer to act on his behalf in
enforcing this safety zone.
[CGD05-98-043, 69 FR 28827, May 19, 2004]
[[Page 689]]
Sec. 165.540 Regulated Navigation Area; Cape Fear River, Northeast Cape
Fear River, Wilmington, North Carolina.
(a) Description of the Regulated Navigation Area (RNA). The RNA
encompasses all waters of the Cape Fear River and Northeast Cape Fear
River from the intersection of Bald Head Shoal Channel and Smith Island
Channel (centerline coordinates Latitude 33[deg]52[min]24.028[sec] N,
Longitude 78[deg]00[min]29.624[sec] W (NAD 83)) to mile 26.7 on the
Northeast Cape Fear River.
(b) Work areas. Dredging work within the RNA will be conducted in
five distinct areas: Ocean Bar II, Horseshoe Shoal, Passing Lane &
Anchorage Basin, Big Island, and the Northeast Cape Fear River. Drilling
or blasting is expected to occur within the Passing Lane & Anchorage
Basin, Big Island, and the Northeast Cape Fear River work areas. The
blast sites within the RNA, will be identified and made available to the
public through: Broadcast Notices to Mariners or Local Notices to
Mariners (Local Notices to Mariners are available on-line at
www.navcen.uscg.gov/lnm/d5/); direct contact with the control vessel on
channel 16 VHF-FM; direct contact with the contractor; or through the
Captain of the Port on VHF marine Band Radio, channels 13 and 16; or at
telephone number (910) 772-2200. In addition, dredge and blasting
companies will have a control vessel present at the site of each blast.
(c) Enforcement period. This section will be enforced during the
months of August, September, October, November, December, and January,
each year. This rule will expire on January 31, 2006.
(d) Definitions.
Active work area means a work area in which blasting, drilling, or
dredging operations are currently taking place.
Blast site means the area where explosive material is handled during
loading, including the perimeter formed by the loaded blast holes and
fifty (50) feet (15.2 meters) in all directions from loaded holes.
Blasting operations means the detonation of explosives on the river
bottom.
Captain of the Port means the Coast Guard officer designated by the
Commandant to command the Captain of the Port Zone as described in 33
CFR 3.25-20.
Control vessel means the vessel at an active work area which
coordinates operations within the active work area.
Hangfire means a blast that fails to detonate at initiation, but
detonates at a later time.
Mile means measured as nautical miles.
Misfire means a blast that fails to detonate completely after an
attempt at initiation, also the explosive material that failed to
detonate as planned.
RNA means Regulated Navigation Area.
Work area means those places within the RNA where dredging,
drilling, and blasting shall be conducted.
(e) Description of work areas in the RNA. (1) Ocean Bar II, mouth of
Cape Fear. The work area includes: Part of Bald Head Shoal Channel,
Smith Island Channel, Baldhead Caswell Channel, Southport Channel,
Battery Island Channel, Lower Swash Channel, and the majority of Snows
Marsh Channel. The downstream end of the work area (centerline
coordinates: Latitude 33[deg] 50[min]43.668[sec] N, Longitude 78[deg]
01[min]40.068[sec] W (NAD 1983)) is located southeast of Cape Fear River
Channel Lighted Buoy 8 (LL 30350), approximately 2,560 feet east of the
centerline of the existing Bald Head Shoal Channel. Upstream end of the
work area is located 1,200 feet downstream of the intersection of Snows
Marsh Channel and Horseshoe Shoal Channel at turn six (mile 6.5,
approximately 1,150 feet downstream of Cape Fear River Channel Lighted
Buoy 25 (LL 30530/39965)).
(2) Horseshoe Shoal. The work area includes: Horseshoe Shoal Channel
and part of Snows Marsh Channel. Downstream end of the work area is
located 1,200 feet downstream of the intersection of Snows Marsh Channel
and Horseshoe Shoal Channel (mile 6.5, approximately 1,150 feet
downstream of Cape Fear River Channel Lighted Buoy 25 (LL 30530/39965)).
Upstream end of the work area is located at the intersection of
Horseshoe Shoal Channel and Reaves Point Channel (mile 7.7, at about
Cape Fear River Channel Lighted Buoy 27 (LL 30550/39945)).
[[Page 690]]
(3) Big Island. The work area includes: Part of Keg Island Channel,
Lower Big Island Channel, Upper Big Island Channel, and part of Lower
Brunswick Channel. Downstream end of the work area is approximately
2,230 feet upstream of the intersection of Upper Lilliput Channel and
Keg Island Channel (mile 16.2, approximately 1,320 feet downstream of
Cape Fear River Channel Lighted Buoy 46 (LL 30765) and approximately
2,300 feet upstream of Cape Fear River Channel Lighted Buoy 44 (LL
30750)). Upstream end of the work area is approximately 2,680 feet
upstream of intersection of Upper Big Island Channel and Lower Brunswick
Channel (mile 18.7, approximately 1,620 feet upstream of Cape Fear River
Channel Lighted Buoy 56 (LL 30830) and approximately 590 feet downstream
of the Carolina Power & Light Company (CP&L) overhead power line
crossing).
(4) Passing Lane and Anchorage Basin. There are two separate work
areas for this contract, separated by the Big Island Contract.
(i) Passing Lane work area is located immediately downstream of the
Big Island contract work area. The work area includes: Reaves Point
Channel, Lower Midnight Channel, Upper Midnight Channel, Lilliput
Channel, and part of Keg Island Channel. Downstream end of Passing Lane
work area is the intersection of Horseshoe Shoal Channel and Reaves
Point Channel (mile 7.7, at about Cape Fear River Channel Lighted Buoy
27 (LL 30550/39945)). Upstream end of the Passing Lane work area is
approximately 2,230 feet upstream of intersection of Upper Lilliput
Channel and Keg Island Channel (mile 16.2, approximately 1,320 feet
downstream of Cape Fear River Channel Lighted Buoy 46 (LL 30765) and
approximately 2,300 feet upstream of Cape Fear River Channel Lighted
Buoy 44 (LL 30750)).
(ii) Anchorage Basin work area is located immediately upstream of
the Big Island contract work area. The work area includes: Part of Lower
Brunswick Channel, Fourth East Jetty Channel, Between Channel, and
Anchorage Basin Channel. Downstream end of Anchorage Basin work area is
approximately 2,680 feet upstream of intersection of Upper Big Island
Channel and Lower Brunswick Channel (mile 18.7, approximately 1,620 feet
upstream of Cape Fear River Channel Lighted Buoy 56 (LL 30830) and
approximately 590 feet downstream of the CP&L overhead power line
crossing). Upstream end of Anchorage Basin work area is the Cape Fear
Memorial Bridge (mile 23.6).
(5) Northeast Cape Fear River. The downstream end of the work area
is the Cape Fear Memorial Bridge (mile 23.6). Upstream end of the work
area (approximately mile 26.7) is on the Northeast Cape Fear River and
is approximately 700 feet upstream of the turning basin located opposite
Koch Sulfur Products Co. and approximately 90 feet downstream of the
submerged gas pipeline crossing.
(f) Regulations. (1) Blasting, drilling, and dredging operations
raise many safety issues for vessels transiting the RNA. All mariners
are reminded to exercise caution while transiting or operating in the
RNA.
(2) Active work areas, control vessels, and blast sites will be
identified via Broadcast Notices to Mariners or Local Notices to
Mariners. The Local Notice to Mariners is available on-line at
www.navcen.uscg.gov/lnm/d5/. Control vessels shall monitor channel 16
VHF-FM.
(3) The following requirements apply to all vessels.
(i) All vessels shall inform themselves of the active work areas
prior to entering the RNA.
(ii) All vessels shall contact and receive permission from the
control vessel for that work area before entering the active work area.
(iii) All vessels transiting an active work area shall do so at no
wake speed or the minimum speed necessary to maintain steerage.
(iv) During blasting operations all vessels are prohibited from
entering an area of 500 yards surrounding the blast site. Upon
notification of a misfire or hangfire, all vessels underway in the RNA
shall proceed to clear the active work area in which the misfire or
hangfire occurred.
(4) Vessels over 300 gross tons and tugs with tows are required to
contact the COTP 12 hours before vessel movement within the RNA.
[[Page 691]]
(5) Vessels meeting the notice of arrival requirements under 33 CFR
160.207 are encouraged to notify the COTP at least 48-hours before the
vessel enters the RNA to facilitate scheduling and minimize delays.
Updates are encouraged at least 12 hours before arriving at the RNA
boundaries. The COTP may delay entry into the RNA to accommodate other
commercial traffic.
(6) Vessels of 300 gross tons or greater shall be prohibited from
entering the RNA when they are advised that a misfire or hangfire has
occurred.
(7) For any vessel with another vessel/barge in tow transiting an
active work area, the hawser or wire length of the tow shall not exceed
275 feet, measured from the towing bit on the tug to the point where the
hawser or wire connects with the towed vessel or barge.
(8) Vessels of 300 gross tons or greater and tugs with tows, shall,
prior to entering the RNA, ensure that they have sufficient propulsion
and directional control to safely navigate the RNA under the prevailing
conditions.
(9) Vessels of 300 gross tons or greater and tugs with tows are
prohibited from meeting or overtaking vessels of 300 gross tons or
greater or tugs with tows in active work areas or within one nautical
mile of an active work area.
(10) The Captain of the Port, Wilmington may, upon written request,
authorize a deviation from any regulation in this section if it is found
that the proposed operations can be done safely. An application for
deviation must be received not less than 48 hours before intended
operation and must state the need and describe the proposal.
[CGD05-01-006, 66 FR 39099, July 27, 2001]
Sec. 165.552 Security Zone; Oyster Creek Generation Station, Forked
River, Ocean County, New Jersey.
(a) Location. The following area is a security zone: Starting at the
south branch of the Forked River in the vicinity of the Oyster Creek
Generation Station, bounded by a line beginning at
39[deg]49[min]12.0[sec] N, 074[deg]12[min]13.0[sec] W; thence to
39[deg]48[min]39.7[sec] N, 074[deg]12[min]0[sec] W; along the shoreline,
thence to 39[deg]48[min]40.0[sec] N, 074[deg]12[min]0.3[sec] W; thence
to 39[deg]49[min]11.8[sec] N, 074[deg]12[min]10.5[sec] W; thence back
along the shoreline to the beginning point. All coordinates reference
Datum: NAD 1983.
(b) Regulations. (1) All persons are required to comply with the
general regulations governing security zones in Sec. 165.33 of this
part.
(2) No person or vessel may enter or navigate within this security
zone unless authorized to do so by the Coast Guard or designated
representative. Any person or vessel authorized to enter the security
zones must operate in strict conformance with any directions given by
the Coast Guard or designated representative and leave the security zone
immediately if the Coast Guard or designated representative so orders.
(3) The Coast Guard or designated representative enforcing this
section can be contacted on VHF Marine Band Radio, channels 13 and 16.
The Captain of the Port can be contacted at (215) 271-4807.
(4) The Captain of the Port will notify the public of any changes in
the status of this security zone by Marine Safety Radio Broadcast on
VHF-FM marine band radio, channel 22 (157.1 MHZ).
(c) Definitions. For the purposes of this section, Captain of the
Port means the Commanding Officer of the Coast Guard Marine Safety
Office/Group Philadelphia, or any Coast Guard commissioned, warrant, or
petty officer who has been authorized by the Captain of the Port to act
as a designated representative on his behalf.
[CGD05-03-111, 69 FR 5284, Feb. 4, 2004]
Sec. 165.553 Security Zone; Salem and Hope Creek Generation Stations,
Delaware River, Salem County, New Jersey.
(a) Location. The following area is a security zone: the waters of
the Delaware River in the vicinity of the Salem and Hope Creek
Generation Stations bounded by a line drawn from a point located at
39[deg]28[min]08.0[sec] N, 075[deg]32[min]31.7[sec] W to
39[deg]28[min]06.5[sec] N, 075[deg]32[min]47.4[sec] W, thence to
39[deg]27[min]28.4[sec] N, 075[deg]32[min]15.8[sec] W, thence to
39[deg]27[min]28.8[sec] N, 075[deg]31[min]56.6[sec] W, thence to
39[deg]27[min]39.9[sec] N, 075[deg]31[min]51.6[sec] W, thence along the
shoreline to the point of 39[deg]28[min]08.0[sec] N,
075[deg]32[min]31.7[sec] W. All coordinates reference Datum: NAD 1983.
[[Page 692]]
(b) Regulations. (1) All persons are required to comply with the
general regulations governing security zones in Sec. 165.33 of this
part.
(2) No person or vessel may enter or navigate within this security
zone unless authorized to do so by the Coast Guard or designated
representative. Any person or vessel authorized to enter the security
zones must operate in strict conformance with any directions given by
the Coast Guard or designated representative and leave the security zone
immediately if the Coast Guard or designated representative so orders.
(3) The Coast Guard or designated representative enforcing this
section can be contacted on VHF Marine Band Radio, channels 13 and 16.
The Captain of the Port can be contacted at (215) 271-4807.
(4) The Captain of the Port will notify the public of any changes in
the status of this security zone by Marine Safety Radio Broadcast on
VHF-FM marine band radio, channel 22 (157.1 MHZ).
(c) Definitions. For the purposes of this section, Captain of the
Port means the Commanding Officer of the Coast Guard Marine Safety
Office/Group Philadelphia, or any Coast Guard commissioned, warrant, or
petty officer who has been authorized by the Captain of the Port to act
as a designated representative on his behalf.
[CGD05-03-113, 69 FR 5279, Feb. 4, 2004]
Sec. 165.554 Security Zone; Three Mile Island Generating Station,
Susquehanna River, Dauphin County, Pennsylvania.
(a) Location. The following area is a security zone: the waters of
the Susquehanna River in the vicinity of the Three Mile Island
Generating Station bounded by a line beginning at
40[deg]09[min]14.74[sec] N, 076[deg]43[min]40.77[sec] W; thence to
40[deg]09[min]14.74[sec] N, 076[deg]43[min]42.22[sec] W, thence to
40[deg]09[min]16.67[sec] N, 076[deg]43[min]42.22[sec] W, thence to
40[deg]09[min]16.67[sec] N, 076[deg]43[min]40.77[sec] W; thence back to
the beginning point 40[deg]09[min]14.74[sec] N,
076[deg]43[min]40.77[sec] W. All coordinates reference Datum: NAD 1983.
(b) Regulations. (1) All persons are required to comply with the
general regulations governing security zones in Sec. 165.33 of this
part.
(2) No person or vessel may enter or navigate within this security
zone unless authorized to do so by the Coast Guard or designated
representative. Any person or vessel authorized to enter the security
zone must operate in strict conformance with any directions given by the
Coast Guard or designated representative and leave the security zone
immediately if the Coast Guard or designated representative so orders.
(3) The Coast Guard or designated representative enforcing this
section can be contacted on VHF Marine Band Radio, channels 13 and 16.
The Captain of the Port can be contacted at (215) 271-4807. The Security
Manager at Three Mile Island can be contacted at (717) 948-8208 or (717)
948-8039.
(4) The Captain of the Port will notify the public of any changes in
the status of this security zone by Marine Safety Radio Broadcast on
VHF-FM marine band radio, channel 22 (157.1 MHZ).
(c) Definitions. For the purposes of this section, Captain of the
Port means the Commanding Officer of the Coast Guard Marine Safety
Office/Group Philadelphia, Coast Guard commissioned, warrant, or petty
officer who has been authorized by the Captain of the Port to act as a
designated representative on his behalf.
[CGD05-03-116, 69 FR 46103, Aug. 2, 2004]
Seventh Coast Guard District
Sec. 165.T07-042 Security Zone; HOVENSA Refinery, St. Croix, U.S.
Virgin Islands.
(a) Location. The following area is a security zone: All waters from
surface to bottom, encompassed within a line connecting the following
coordinates:17[deg]41[min]31[sec] N, 64[deg]45[min]09[sec] W, to
17[deg]39[min]36[sec] N, 64[deg]44[min]12[sec] W, to
17[deg]40[min]00[sec] N, 64[deg]43[min]36[sec] W, to
17[deg]41[min]48[sec] N, 64[deg]44[min]25[sec] W, and then back to the
point of origin.
(b) Regulations. In accordance with the general regulations in Sec.
165.33 of this part, with the exception of vessels that have an arrival
scheduled with the HOVENSA Facility, no vessel may enter the regulated
area unless specifically authorized by the Captain of the Port (COTP)
San Juan or a Coast Guard commissioned, warrant, or petty officer
designated by COTP San Juan.
[[Page 693]]
The Captain of the Port will notify the public of any changes in the
status of this zone by Marine Safety Radio Broadcast on VHF Marine Band
Radio, Channel 16 (156.8 Mhz). The Captain of the Port San Juan can be
reached on VHF Marine Band Radio, Channel 16 (156.8 Mhz) or by calling
(787) 289-2040, 24-hours-a-day, 7-days-a-week. The HOVENSA Facility Port
Captain can be reached on VHF Marine Band Radio channel 11 (156.6 Mhz)
or by calling (340) 692-3488, 24-hours-a-day, 7-days-a-week.
(c) Dates. This section is effective from May 15, 2005, until
November 15, 2005.
[CGD07-05-042, 70 FR 29201, May 20, 2005]
Effective Date Note: By CGD07-05-042, 70 FR 29201, May 20, 2005,
Sec. 165.T07-042 was added, effective May 15, 2005 until Nov. 15, 2005.
Sec. 165.T07-146 Regulated Navigation Area, San Carlos Bay, Florida.
(a) Regulated Area. The following area is a regulated navigation
area (RNA): the waters bounded by the following points: NW Corner:
26[deg]28[min]59[sec] N, 082[deg]00[min]54[sec] W; NE Corner:
26[deg]28[min]59[sec] N, 082[deg]00[min]52[sec] W; SE Corner:
26[deg]28[min]57[sec] N, 082[deg]00[min]51[sec] W; SW Corner:
26[deg]28[min]57[sec] N, 082[deg]00[min]53[sec] W.
(b) Regulations. (1) A vessel in the RNA established under paragraph
(a) of this section will operate at no-wake speed. Nothing in this rule
is to be construed as to negate the requirement to at all times operate
at a safe speed as provided in the Navigation Rules and Regulations.
(2) A one-way traffic scheme is established. Vessel traffic may
proceed in one direction at a time through the RNA. Overtaking is
prohibited.
(3) Tugs with barges must be arranged in a push-ahead configuration
with the barges made up in tandem. Tugs must be of adequate horsepower
to maneuver the barges. Tug and barge traffic may transit the RNA at
slack water only.
(4) Stern tows are prohibited except for assistance towing vessels,
subject to conditions. Side tows are authorized. Assistance towing
vessels may conduct stern tows of disabled vessels that are less than or
equal to 30 feet in length. For vessels that are greater than 30 feet in
length, assistance towing vessels may use a towing arrangement in which
one assistance towing vessel is in the lead, towing the disabled vessel,
and another assistance towing vessel is astern of the disabled vessel.
All assistance towing vessels operating within the regulated navigation
area must be of adequate horsepower to maneuver the vessel under tow and
the transit must be at slack water only.
(c) Definitions. The following definitions apply to this section:
Assistance towing means assistance provided to disabled vessels.
Assistance towing vessels means commercially registered or
documented vessels that have been specially equipped to provide
commercial services in the marine assistance industry.
Disabled vessel means a vessel, which while being operated, has been
rendered incapable of proceeding under its own power and is in need of
assistance.
Overtaking means a vessel shall be deemed to be overtaking when
coming up with another vessel from a direction more than 22.5 degrees
abaft her beam, that is, in such a position with reference to the vessel
she is overtaking, that at night she would be able to see only the stern
light of the vessel but neither of her sidelights.
Slack water means the state of a tidal current when its speed is
near zero, especially the moment when a reversing current changes
direction and its speed is zero. The term also is applied to the entire
period of low speed near the time of turning of the current when it is
too weak to be of any practical importance in navigation.
Vessel means every description of watercraft, including non-
displacement craft and seaplanes, used or capable of being used as a
means of transportation on the water.
(d) Violations. Persons in violation of these regulations will be
subject to civil penalty under 33 U.S.C. 1232 of this part, to include a
maximum civil penalty of $32,500 per violation.
(e) Effective period. This section is effective from 11:59 p.m. on
November 28, 2004, until 8 a.m. on November 28, 2005.
[CGD07-04-146, 69 FR 70376, Dec. 6, 2004]
Effective Date Note: By CGD07-04-146, 69 FR 70376, Dec. 6, 2004,
Sec. 165.T07-146 was added,
[[Page 694]]
effective from 11:59 p.m. on November 28, 2004, until 8 a.m. on November
28, 2005.
Sec. 165.701 Vicinity, Kennedy Space Center, Merritt Island,
Florida--security zone.
(a) The water, land, and land and water within the following
boundaries are a security zone--The perimeter of the Cape Canaveral
Barge Canal and the Banana River at 28[deg]24[min]33[sec] N.,
80[deg]39[min]48[sec] W.; then due west along the northern shoreline of
the barge canal for 1,300 yards; then due north to 28[deg]28[min]42[sec]
N., 80[deg]40[min]30[sec] W., on Merritt Island. From this position, the
line proceeds irregularly to the eastern shoreline of the Indian River
to a position 1,300 yards south of the NASA Causeway at
28[deg]30[min]54[sec] N., 80[deg]43[min]42[sec] W. (the line from the
barge canal to the eastern shoreline of the Indian River is marked by a
three-strand barbed-wire fence), then north along the shoreline of the
Indian River to the NASA Causeway at 28[deg]31[min]30[sec] N.,
80[deg]43[min]48[sec] W. The line continues west on the southern
shoreline of the NASA Causeway to NASA Gate 3 (permanent), then north to
the northern shoreline of the NASA Causeway and east on the northern
shoreline of the causeway back to the shoreline on Merritt Island at
position 28[deg]31[min]36[sec] N., 80[deg]43[min]42[sec] W., then
northwest along the shoreline to 28[deg]41[min]01.2[sec] N.,
80[deg]47[min]10.2[sec] W. (Blackpoint); then due north to channel
marker 6 on the Intracoastal Waterway (ICW), then northeast
along the southern edge of the ICW to the western entrance to the
Haulover Canal. From this point, the line continues northeast along the
southern edge of the Haulover Canal to the eastern entrance to the
canal; then due east to a point in the Atlantic Ocean 3 miles offshore
at 28[deg]44[min]42[sec] N., 80[deg]37[min]51[sec] W.; then south along
a line 3 miles from the coast to Wreck Buoy ``WR6'', then to Port
Canaveral Channel Lighted Buoy 10, then west along the northern edge of
the Port Canaveral Channel to the northeast corner of the intersection
of the Cape Canaveral Barge Canal and the ICW in the Banana River at
28[deg]24[min]36[sec] N., 80[deg]38[min]42[sec] W. The line continues
north along the east side of the Intracoastal Waterway to daymarker `35'
thence North Westerly one quarter of a mile south of NASA Causeway East
(Orsino Causeway) to the shoreline on Merritt Island at position
28[deg]30.95[min] N., 80[deg]37.6[min] W., then south along the
shoreline to the starting point.
(b) The area described in paragraph (a) of this section is closed to
all vessels and persons, except those vessels and persons authorized by
the Commander, Seventh Coast Guard District, or the COTP Jacksonville,
Florida, whenever space vehicles are to be launched by the United States
Government from Cape Canaveral.
(c) COTP Jacksonville, Florida, closes the security zone, or
specific portions of it, by means of locally promulgated notices. The
closing of the area is signified by the display of a red ball from a 90-
foot pole near the shoreline at approximately 28[deg]35[min]00[sec] N.,
80[deg]34[min]36[sec] W., and from a 90-foot pole near the shoreline at
approximately 28[deg]25[min]18[sec] N., 80[deg]35[min]00[sec] W.
Appropriate Local Notices to Mariners will also be broadcast on 2670
KHZ.
[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 7-82-10, 48 FR
11696, Mar. 21, 1983; USCG-1998-3799, 63 FR 35532, June 30, 1998]
Sec. 165.703 Tampa Bay, Florida--Safety Zone.
(a) A floating safety zone is established consisting of an area 1000
yards fore and aft of a loaded anhydrous ammonia vessel and the width of
the channel in the following areas:
(1) For inbound tank vessels loaded with anhydrous ammonia, Tampa
Bay Cut ``F'' Channel from Lighted Buoys ``3F'' and ``4F'' north through
and including Gadsden Point Cut Lighted Buoy ``3'' and commencing at
Gadsden Point Cut Lighted Buoys ``7'' and ``8'' north and including
Hillsborough Cut ``C'' Channel.
(i) For vessels bound for R. E. Knight Pier at Hookers Point the
safety zone includes, in addition to the area in paragraph (a)(1) of
this section, Hillsborough Cut ``D'' Channel to the southern tip of
Harbor Island.
(ii) For vessels bound for the anhydrous ammonia receiving terminals
to Port Sutton the safety zone includes, in addition to the area in
paragraph (a)(1) of this section, Port Sutton Channel.
(2) For outbound tank vessels loaded with anhydrous ammonia the
safety
[[Page 695]]
zone is established when the vessel departs the receiving terminal and
continues through the area described in paragraph (a)(1) of this
section.
(3) The floating safety zone is disestablished when the anhydrous
ammonia carrier is safely moored at the anhydrous ammonia receiving
facility.
(b) All vessels over 5000 gross tons intending to pass anhydrous
ammonia vessels moored in Port Sutton, and all vessels intending to moor
in the R. E. Knight facilities at Hookers Point while an anhydrous
ammonia vessel is moored in this facility, must give 30 minutes notice
to the anhydrous ammonia vessel so it may take appropriate safety
precautions.
(c) The general regulations governing safety zones contained in
Sec. 165.23 apply.
(d) The Marine Safety Office Tampa will notify the maritime
community of periods during which these safety zones will be in effect
by providing advance notice of scheduled arrivals and departures of
loaded anhydrous ammonia vessels via a marine broadcast Notice to
Mariners.
(e) Should the actual time of entry of the anhydrous ammonia vessel
into the safety zone vary more than one half hour from the scheduled
time stated in the broadcast Notice to Mariners, the person directing
the movement of the anhydrous ammonia vessel shall obtain permission
from Captain of the Port Tampa before commencing the transit.
(f) Prior to commencing the movement, the person directing the
movement of the anhydrous ammonia vessel shall make a security broadcast
to advise mariners of the intended transit. All additional security
broadcasts as recommended by the U.S. Coast Pilot 5, ATLANTIC COAST
shall be made through the transit.
(g) Vessels carrying anhydrous ammonia are permitted to enter and
transit Tampa and Hillsborough Bay and approaches only with a minimum of
three miles visibility.
(h) The Captain of the Port Tampa may waive any of the requirements
of this subpart for any vessel upon finding that the vessel or class of
vessel, operational conditions, or other circumstances are such that
application of this subpart is unnecessary or impractical for purposes
of port safety or environmental safety.
(i) The owner, master, agent or person in charge of a vessel or
barge, loaded with anhydrous ammonia shall report the following
information to the Captain of the Port, Tampa at least twenty-four hours
before entering Tampa Bay or its approaches or departing from Tampa Bay:
(1) Name and country of registry of the vessel or barge;
(2) The name of the port or place of departure;
(3) The name of the port or place of destination:
(4) The estimated time that the vessel is expected to begin its
transit of Tampa Bay and the time it is expected to commence its transit
of the safety zone.
(5) The cargo carried and amount.
[CGD7-85-32, 51 FR 28382, Aug. 7, 1986 as amended by CGD07-87-07, 52 FR
31763, Aug. 24, 1987; 65 FR 9221, Feb. 24, 2000]
Sec. 165.704 Safety Zone; Tampa Bay, Florida.
(a) A floating safety zone is established consisting of an area 1000
yards fore and aft of a loaded Liquefied Petroleum Gas (LPG) vessel and
the width of the channel in the following areas. Any vessels desiring to
enter the safety zone must obtain authorization from the Captain of the
Port Tampa.
(1) For vessels loaded with LPG and bound for the LPG receiving
terminal in Port Sutton the safety zone starts at Tampa Bay Cut ``F''
Channel from Lighted Buoys ``3F'' and ``4F'' and proceeds north ending
at Gadsden Point Cut Lighted Buoys ``3'' and ``4''. The safety zone
starts again at Gadsden Point Cut Lighted Buoys ``7'' and ``8'' and
proceeds north through Hillsborough Cut ``C'', Port Sutton Entrance
Channel, and ends at the Port Sutton LPG facility.
(2) For vessels loaded with LPG and bound for the LPG receiving
terminal in Rattlesnake the safety zone starts at Tampa Bay Cut ``J''
Channel from lighted buoy ``10J'' and proceeds north through Tampa Bay
Cut ``K'' Channel to buoy ``11K.'' When a loaded LPG vessel departs the
marked channel at Tampa Bay Cut ``K'' buoy ``11K'' enroute to
Rattlesnake, Tampa, FL,
[[Page 696]]
the floating safety zone extends 500 yards in all directions surrounding
the loaded LPG vessel, until it arrives at the entrance to Rattlesnake.
While the loaded LPG vessel is maneuvering in the Rattlesnake slip and
until it is safely moored at the LPG facility, the floating safety zone
extends 150 feet fore and aft of the loaded LPG vessel and the width of
the slip. Moored vessels are allowed within the parameters of the 150-
foot safety zone.
(b) The floating safety zone is disestablished when the LPG carrier
is safely moored at the LPG receiving facility.
(c) For outbound tank vessels loaded with LPG, the safety zone is
established when the vessel departs the terminal and continues through
the area described in paragraph (a) of this section.
(d) All vessels over 5000 gross tons intending to pass LPG vessels
moored in Port Sutton, and all vessels intending to pass LPG vessels
moored in Rattlesnake, must give 30 minutes notice to the LPG vessel so
it may take appropriate safety precautions.
(e) The general regulations governing safety zones contained in
Sec. 165.23 apply.
(f) The Coast Guard Captain of the Port Tampa will notify the
maritime community of periods during which these safety zones will be in
effect by providing advance notice of scheduled arrivals and departures
of loaded LPG vessels via a marine broadcast Notice to Mariners.
(g) Should the actual time of entry of the LPG vessel into the
safety zone vary more than one half (\1/2\) hour from the scheduled time
stated in the broadcast Notice to Mariners, the person directing the
movement of the LPG vessel shall obtain permission from Captain of the
Port Tampa before commencing the transit.
(h) Prior to commencing the movement, the person directing the
movement of the LPG vessel shall make a security broadcast to advise
mariners of the intended transit. All additional security broadcasts as
recommended by the U.S. Coast Pilot 5, ATLANTIC COAST, shall be made
throughout the transit.
(i) Vessels carrying LPG are permitted to enter and transit Tampa
Bay and Hillsborough Bay and approaches only with a minimum of three
miles visibility.
(j) The Captain of the Port Tampa may waive any of the requirements
of this subpart for any vessel upon finding that the vessel or class of
vessel, operational conditions, or other circumstances are such that
application of this subpart is unnecessary or impractical for purposes
of port safety or environmental safety.
(k) The owner, master, agent or person in charge of a vessel or
barge, loaded with LPG shall report, at a minimum, the following
information to the Captain of the Port Tampa at least twenty-four (24)
hours before entering Tampa Bay, its approaches, or departing Tampa Bay:
(1) The name and country of registry of the vessel or barge;
(2) The name of the port or place of departure;
(3) The name of the port or place of destination;
(4) The estimated time that the vessel is expected to begin its
transit of Tampa Bay and the time it is expected to commence its transit
of the safety zone(s); and
(5) The cargo carried and amount.
[COTP Tampa 00-054, 66 FR 14489, Mar. 13, 2001]
Sec. 165.T0704 Safety Zone: Savannah River, Savannah, Georgia.
(a) Location. The following area is a safety zone: Two hundred foot
radius around Garden City Terminal, approximate position 32 degrees 8
minutes, N, 81 degrees 9.5 minutes W, and around all cargo ships loaded
with military equipment and transiting the Savannah River.
(b) Effective dates. This regulation becomes effective at 12 p.m. 14
December 1990 until terminated by the Captain of the Port, Savannah, GA.
(c) Regulation. In accordance with the general regulations in Sec.
165.23 of this part, entry into the zone is subject to the following
requirements.
(1) All persons and vessels in the vicinity of the safety zone shall
immediately obey any direction or order of the Captain of the Port or a
representative of the Captain of the Port.
[[Page 697]]
(2) The ``representative of the Captain of the Port'' is any Coast
Guard commissioned, warrant or petty officer who has been designated by
the Captain of the Port, Savannah, GA to act on his behalf. A
representative of the Captain of the Port may be contacted on board any
Coast Guard vessel assigned to enforce the safety zone.
(3) Before entering the safety zone, a vessel operator shall contact
the Captain of the Port or a representative of the Captain of the Port
to determine what restrictions, if any, have been imposed on vessels in
the safety zone. The Captain of the Port may be contacted by telephone
via the Command Duty Officer at (912) 944-4371. Coast Guard vessels
assisting in the enforcement of the safety zone may be contacted on VHF-
FM channels 13 or 16, or vessel operators may determine restrictions in
effect for the safety zone by coming alongside a Coast Guard vessel
patrolling the perimeter of the safety zone.
(4) The Captain of the Port will issue a Marine Safety Information
Broadcast Notice to Mariners to Notify the maritime community of the
safety zone and restrictions imposed.
[Reg. 90-129, 55 FR 52272, Dec. 21, 1990]
Effective Date Note: At 55 FR 52272, Dec. 21, 1990, Sec. 165.T0704
was added. This is an emergency temporary rule and will remain in effect
until terminated by the Captain of the Port Savannah, GA.
Sec. 165.705 Port Canaveral Harbor, Cape Canaveral, Florida.
(a) Security Zone A--East (Trident) Basin, Port Canaveral Harbor, at
Cape Canaveral Air Force Station, Brevard County, Florida. All waters of
the East Basin north of latitude 28[deg]24[min]36[sec] N.
(b) Security Zone B--Middle Basin, Port Canaveral Harbor, adjacent
to the Navy wharf at Cape Canaveral Air Force Station, Brevard County,
Florida. The waters of Port Canaveral Harbor within a line
circumscribing the water approaches to the Navy wharf along the
northeasterly edge of the Port Canaveral Harbor turning basin at a
distance of 200 feet from all portions of the wharf including the
dolphins located 200 feet off the northwest end and 75 feet off the
southeast end of the wharf.
(c) Entrance into these zones by vessels other than vessels owned or
leased by the United States is prohibited without permission of the
Captain of the Port, Jacksonville, Florida.
(d) The general regulations governing security zones contained in 33
CFR 165.33 apply.
[CGD7 87-38, 53 FR 38718, Oct. 3, 1988; CGD7 87-38, 54 FR 611, Jan. 9,
1989; CGD7 89-21, 54 FR 26198, June 22, 1989]
Sec. 165.708 Safety/Security Zone; Charleston Harbor and Cooper River,
Charleston, SC.
(a) Regulated Area. The following boundaries are established as a
safety and security zone during specified conditions:
(1) All waters 200 yards ahead and astern and 100 yards to each side
of a vessel transporting nuclear materials while the vessel transits
from Charleston Harbor Entrance Buoy ``C'' (LLNR 1885, position 32-
39.6N, 079-40.9W) to the Charleston Naval Weapons Station (position 32-
55.4N, 079-56.0W) on the Cooper River. All coordinates referenced use
datum: NAD 1983.
(2) All waters within 100 yards of the vessel described in paragraph
(a)(1) of this section while the vessel is conducting cargo operations
at the Charleston Naval Weapons Station.
(b) Captain of the Port Charleston will announce the activation of
the safety/security zones described in paragraph (a) of this section by
Broadcast Notice to Mariners. The general regulations governing safety
and security zones contained in Sec. Sec. 165.23 and 165.33 apply.
[COTP Charleston 96-034, 61 FR 68156, Dec. 27, 1996]
Sec. 165.711 Safety Zone: Port Everglades, Fort Lauderdale, FL.
(a) Regulated Area. A moving safety zone is established in the
following area:
(1) The waters around naval aircraft carriers entering Port
Everglades in an area 700 yards forward, 500 yards astern and 350 yards
on either side of each vessel, beginning at the Port Everglades Sea Buoy
in approximate position 26[deg]05.5[min] N, 80[deg]04.8[min] W and
continuing until the vessel is safely moored in approximate position
26[deg]04.9[min] N, 80[deg]06.9[min] W.
[[Page 698]]
All coordinates referenced use datum: NAD 83.
(2) The waters around naval aircraft carriers departing Port
Everglades in an area 700 yards forward, 500 yards astern and 350 yards
on either side of each vessel beginning at the Pier in approximate
position 26[deg]04.9[min]N, 80[deg]06.9[min]W, and continuing until the
stern passes the Port Everglades Sea Buoy, in approximate position
26[deg]05.5[min] N, 80[deg]04.8[min] W. All coordinates referenced use
datum: NAD 83.
(b) Regulations. (1) No person or vessel may enter, transit, or
remain in the safety zone unless authorized by the Captain of the Port,
Miami, Florida, or a Coast Guard commissioned, warrant, or petty officer
designated by him.
(2) Vessels encountering emergencies which require transit through
the moving safety zone should contact the Coast Guard patrol craft on
VHF Channel 16. In the event of an emergency, the Coast Guard patrol
craft may authorize a vessel to transit through the safety zone with a
Coast Guard designated escort.
(3) All persons and vessels shall comply with the instructions of
on-scene patrol personnel. On-scene patrol personnel include
commissioned, warrant, or petty officers of the U.S. Coast Guard. Coast
Guard Auxiliary and local or state officials may be present to inform
vessel operators of this regulation and other applicable laws.
[COTP MIAMI 96-054, 62 FR 32201, June 13, 1997]
Sec. 165.714 Regulated Navigation Area; Atlantic Ocean, Charleston, SC.
(a) Location. The following area is a Regulated Navigation Area: A
trapezoid at the water surface, and the entire water column from surface
to seabed inclusive of the vessel, bounded by the following four
coordinates:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
Western boundary............ 32[deg]42[min]56[sec 79[deg]47[min]34[sec
] N ] W
Southern boundary........... 32[deg]42[min]32[sec 79[deg]46[min]42[sec
] N ] W
Eastern boundary............ 32[deg]43[min]26[sec 79[deg]45[min]27[sec
] N ] W
Northern boundary........... 32[deg]43[min]56[sec 79[deg]46[min]08[sec
] N ] W
------------------------------------------------------------------------
(NAD 83)
(b) Regulations. In accordance with the general regulations in Sec.
165.23 of this part, all vessels and persons are prohibited from
anchoring, diving, laying cable or conducting salvage operations in this
zone except as authorized by the Captain of the Port.
[CGD 07-95-054, 60 FR 45047, Aug. 30, 1995]
Sec. 165.720 Safety/Security Zone: St. Johns River, Jacksonville, FL.
(a) Location. The water and the land within the following boundaries
are established as a safety and security zone during specified
conditions:
(1) All waters within 200 yards of Blount Island, Jacksonville,
Florida and all adjacent land within 100 yards of the island shoreline
during staging of Department of Defense equipment and during the
loading/unloading of military supply vessels.
(2) All waters within 200 yards of ``any'' waterfront facility at
which a laden military vessel is located and all land at the facility,
including docks and piers, within 100 yards of the St. Johns River.
(3) All waters within 200 yards of any specified military supply
vessel during its transit of the St. Johns River and out to three (3)
nautical miles offshore.
(b) Regulations. (1) For public notice, the zone described in
paragraph (a)(1) of this section is effective beginning 11 December 1990
and will remain in force until cancelled by the Captain of the Port
Jacksonville, Florida.
(2) The COTP Jacksonville may activate, as necessary, any portion of
the safety/security zone described in paragraphs (a)(2) and (a)(3) of
this section by means of locally promulgated broadcast notice to
mariners. Once implemented, neither overtaking nor meeting situations
will be allowed during specified vessel transits.
(3) In accordance with the general regulations governing safety and
security zones contained in 33 CFR 165.23 and 165.33 of this part, entry
into any portion of the described zone is prohibited unless authorized
by the Captain of the Port Jacksonville, Florida.
(4) This regulation does not apply to authorized law enforcement
agencies
[[Page 699]]
operating within the safety/security zone.
[COTP Jacksonville, FL Reg. 90-124, 55 FR 51700, Dec. 17, 1990]
Sec. 165.721 Safety Zone: St. Johns River, Jacksonville, FL.
(a) Location. The following area is established as a safety zone
during the specified conditions: The waters within a 500 yard radius of
the fireworks barge or barges during the storage, preparation, and
launching of fireworks in the St. Johns River between the Hart and
Acosta Bridges.
(b) Effective dates. This section becomes effective upon activation
by the Captain of the Port by the broadcasting of a local Notice to
Mariners on appropriate VHF-FM radio frequencies. It terminates at the
conclusion of the fireworks display unless terminated earlier by the
Captain of the Port.
(c) Regulations. (1) In accordance with the general regulations in
165.23 of this part, anchoring, mooring or transiting in this zone is
prohibited unless authorized by the Captain of the Port or District
Commander.
(2) This regulation does not apply to authorized law enforcement
agencies operating within the Safety Zone.
[COTP Jacksonville Reg. 94-027, 59 FR 55584, Nov. 8, 1994]
Sec. 165.722 Security Zone: St. Johns River, Jacksonville, Florida.
(a) Location. The water located within the following area is
established as a security zone: beginning at the shoreline of the St.
Johns River at the northernmost property line of Naval Air Station
Jacksonville next to Timuquana Country Club, at 30[deg]14[min]39.5[sec]
N, 81[deg]40[min]45[sec] W; thence northeasterly to
30[deg]14[min]42[sec] N, 81[deg]40[min]42[sec] W; thence south remaining
400 feet from the shoreline at mean high water; thence past Piney Point
and Black Point to the northern edge of Mulberry Cover Manatee refuge,
400 feet from Naval Air Station Jacksonville boat ramp, at
30[deg]13[min]00[sec] N, 81[deg]40[min]23.5[sec] W; thence southwesterly
in a straight line to position 30[deg]12[min]14[sec] N,
81[deg]40[min]42[sec] W; thence southerly, remaining 400[min] seaward of
the mean high water shoreline to 30[deg]11[min]40[sec] N,
81[deg]41[min]15.5[sec] W; thence northwest to the point at the end of
the property line of Naval Air Station Jacksonville just north of the
Buckman Bridge at position 30[deg]11[min]42.30[sec] N,
81[deg]41[min]23.66[sec] W; thence northeasterly along the mean high
water shoreline of the St. Johns River and Mulberry Cove to the point of
beginning. Datum: NAD 83
(b) In accordance with the general regulations in Sec. 165.33 of
this part, no person or vessel may enter or remain in the zone without
the permission of the Captain of the Port Jacksonville, Florida. All
other portions of Sec. 165.33 remain applicable.
(c) This regulation does not apply to Coast Guard vessels and
authorized law enforcement vessels operating within the Security Zone.
[COTP Jacksonville Reg. 93-115, 60 FR 65571, Dec. 20, 1995]
Sec. 165.726 Regulated Navigation Areas; Miami River, Miami, Florida.
(a) Location. The following are Regulated Navigation Areas:
(1) All the waters of the Miami River, Miami, Florida, from the
Brickell Avenue Bridge, in approximate position 25[deg]46[min]19[sec] N,
80[deg]11[min]4[sec] W, inland to the South Florida Water Management
District's salinity dam in approximate position 25[deg]48[min]4[sec] N,
80[deg]15[min]6[sec] W.
(2) The Tamiami Canal from its intersection with the Miami river in
approximate position 25[deg]47[min]7[sec] N, 80[deg]14[min]7[sec] W to
the N.W. 37th Avenue bridge in approximate position 25[deg]48[min]5[sec]
N, 80[deg]15[min]5[sec] W. All coordinates referenced use datum: NAD 83.
(b) Regulations. The restrictions in this paragraph apply to vessels
operating within the regulated navigation areas in paragraph (a) of this
section unless authorized to deviate by the Captain of the Port, Miami,
Florida, or a Coast Guard commissioned, warrant, or petty officer
designated by him.
(1) All rafted vessels (inboard and outboard) must be properly
moored in accordance with applicable municipal laws and regulations.
(2) At no time shall any vessels be rafted more than two abreast.
(3) Neither single nor rafted vessels shall extend greater than 54
feet into the main river (measured from the dock) without permission of
the Captain of the Port.
[[Page 700]]
(4) A minimum channel width of 65 feet shall be maintained at all
times on the Miami River from the Brickell Avenue Bridge west to the
Tamiami Canal. A minimum channel width of 45 feet shall be maintained at
all times on the Miami River west of the junction of the Miami River and
the Tamiami Canal to the South Florida Water Management District's
salinity dam, as well as on the Tamiami Canal from its mouth to the N.W.
37th Avenue Bridge.
(5) All moored and rafted vessels shall provide safe access from the
shore.
(6) All moored and rafted vessels shall provide clear and ready
access for land-based firefighters to safely and quickly reach outboard
rafted vessels.
(7) No vessels shall moor or raft in any manner as to impede safe
passage of another vessel to any of the tributaries of the Miami River.
(8) Nothing in these regulations shall prohibit the U.S. Army Corps
of Engineers from requiring the relocation or movement of vessels in a
declared flood emergency.
(c) Enforcement. Violations of these regulated navigation areas
should be reported to the Captain of the Port, Miami. Persons in
violation of these regulations will be subject to civil penalty under
Sec. 165.13(b) of this part.
[CGD07-97-019, 62 FR 50512, Sept. 26, 1997]
Sec. 165.728 Jacksonville, Florida--safety zones.
(a) The water, land, and land and water within the following
boundaries are established as safety zones during the specified
conditions:
(1) Zone A. 200 yards in all directions around any specified
Maritime Prepositioned Ship as it transits between the St. Johns River
entrance sea buoy (STJ) and its berth inside the Mayport Basin (Ribault
Bay), Mayport, Florida. The prescribed safety zone will also be in
effect as the vessel transits to its berth at Blount Island Marine
Terminal, Jacksonville, Florida.
(2) Zone B. 100 yards in all directions on land and 200 yards on
water from the eastern end of Transit Shed 2 to the east shore
of Alligator Creek at Blount Island Terminal, Jacksonville, Florida.
(3) Zone C: 100 yards in all directions on land from Gate berth
1 and all waters within the Back River (locally known as the
Gate Slip) on Blount Island, Jacksonville, Florida, commencing from a
line drawn between the southwesterly most shore point latitude
30[deg]23[min]34[sec], longitude 81[deg]30[min]52[sec] and the
southeasterly most shore point latitude 30[deg]23[min]38[sec], longitude
81[deg]30[min]36[sec].
(b) The areas described in paragraph (a) of this section may be
closed to all vessels and persons, except those vessels and persons
authorized by the Commander, Seventh Coast Guard District or the Captain
of the Port, Jacksonville, Florida, whenever specified Maritime
Prepositioned Ships are transiting the St. Johns River (Zone A), moored
at Blount Island (Zone B), or moored at Gate Terminal (Zone C).
(c) The general regulations governing safety zones contained in 33
CFR 165.23 apply.
(d) The Captain of the Port Jacksonville, Florida will activate the
safety zones or specific portions of them by issuing a local broadcast
notice to mariners. The closing of the area at Blount Island, described
above, will be signified by the display of a rotating yellow light
located on the waterfront at Blount Island Marine Terminal or at the
Gate Terminal Berth 1.
[CGD7 87-15, 52 FR 23442, June 22, 1987, as amended by CGD7 91-33, 56 FR
22826, May 17, 1991]
Sec. 165.729 Jacksonville Harbor, Florida--security zone.
(a) The water, land, and land and water within the following
boundaries are established as security zones during the specified
conditions:
(1) Zone A. 200 yards in all directions around any specified
Maritime Prepositioned Ship as it transits between the St. Johns River
entrance sea buoy (STJ) and its berth inside the Mayport Naval Basin
(Ribault Bay), Mayport, Florida. The prescribed security zone will also
be in effect as the vessel transits to its berth at Blount Island Marine
Terminal, Jacksonville, Florida.
(2) Zone B. 100 yards in all directions on land and 200 yards on
water from the eastern end of Transit Shed 2 to the east shore
of Alligator Creek at
[[Page 701]]
Blount Island Terminal, Jacksonville, Florida.
(3) Zone C: 100 yards in all directions on land from Gate berth
1 and all waters within the Back River (locally known as the
Gate Slip) on Blount Island, Jacksonville, Florida, commencing from a
line drawn between the southwesterly most shore point latitude
30[deg]23[min]34[sec], longitude 81[deg]30[min]52[sec] and the
southeasterly most shore point latitude 30[deg]23[min]38[sec], longitude
81[deg]30[min]36[sec].
(b) The areas described in paragraph (a) of this section shall be
closed to all vessels and persons, except those vessels and persons
authorized by the Commander, Seventh Coast Guard District or the Captain
of the Port, Jacksonville, Florida, whenever specified Maritime
Prepositioned Ships are transiting the St. Johns River (Zone A), moored
at Blount Island (Zone B), or moored at Gate Terminal (Zone C).
(c) The general regulations governing security zones contained in 33
CFR 165.33 apply.
(d) The Captain of the Port Jacksonville, Florida will activate the
security zones or specific portions of them by issuing a local broadcast
notice to mariners. The closing of the area at Blount Island, described
above, will be signified by the display of a rotating yellow light
located on the waterfront at Blount Island Marine Terminal or at the
Gate Terminal Berth 1.
[CGD7 87-16, 52 FR 23443, June 22, 1987, as amended by CGD7 91-34, 56 FR
22827, May 17, 1991]
Sec. 165.730 King's Bay, Georgia--Regulated navigation area.
Vessels transiting in the water bounded by the line connecting the
following points must travel no faster than needed for steerageway:
Latitude Longtitude
30[deg]48[min]00.0[sec] N 081[deg]29[min]24.0[sec] W
30[deg]46[min]19.5[sec] N 081[deg]29[min]17.0[sec] W
30[deg]47[min]35.0[sec] N 081[deg]30[min]16.5[sec] W
and thence to the point of beginning
[CGD7 92-41, 58 FR 38057, July 15, 1993]
Sec. 165.731 Safety/Security Zone: Cumberland Sound, Georgia and St.
Marys River Entrance Channel.
(a) Location. A permanent safety/security zone is established within
the following coordinates, the area enclosed by a line starting at
30[deg]44[min]55[sec] N, 081[deg]29[min]39[sec] W; thence to
30[deg]44[min]55[sec] N, 081[deg]29[min]18[sec] W; thence
to30[deg]46[min]35[sec] N, 081[deg]29[min]18[sec] W; thence to
30[deg]47[min]02[sec] N, 081[deg]29[min]34[sec] W; thence to
30[deg]47[min]21[sec] N, 081[deg]29[min]39[sec] W; thence
to30[deg]48[min]00[sec] N, 081[deg]29[min]42[sec] W; thence to
30[deg]49[min]07[sec] N, 081[deg]29[min]56[sec] W; thence to
30[deg]49[min]55[sec] N, 081[deg]30[min]35[sec] W; thence
to30[deg]50[min]15[sec] N, 081[deg]31[min]08[sec] W; thence to
30[deg]50[min]14[sec] N, 081[deg]31[min]30[sec] W; thence to
30[deg]49[min]58[sec] N, 081[deg]31[min]45[sec] W; thence
to30[deg]49[min]58[sec] N, 081[deg]32[min]03[sec] W; thence to
30[deg]50[min]12[sec] N, 081[deg]32[min]17[sec] W; thence following the
land based perimeter boundary to the point of origin.
(b) A temporary safety/security zone, when activated by the Captain
of the Port, Jacksonville, Florida, encompasses all waters and land from
bank to bank within Cumberland Sound and the St. Marys Entrance Channel:
the northern extent of this zone starts at the southern tip of Crab
Island; lighted buoy number [sec] 1[sec] at the mouth of the Amelia
River demarks the southern boundary; day marker number [sec] 2[sec] at
the mouth of the St. Marys River indicates the western boundary; and the
eastern boundary extends out to three (3) nautical miles in the Atlantic
Ocean, with the zone also encompassing the waters within 1000 yards of
the entrance channel east of the jetties.
(c) Regulations. (1) The Captain of the Port, Jacksonville, Florida
will activate the temporary safety/security zone described in paragraph
(b) of this section by issuing a local broadcast notice to mariners.
(2) All persons and vessels in the vicinity of the safety/security
zone shall immediately obey any direction or order of the Captain of the
Port, Jacksonville, Florida.
(3) The general regulations governing safety and security zones
contained in 33 CFR 165.23 and .33 apply. No person or vessel may enter
or remain within the designated zones without the permission of the
Captain of the Port, Jacksonville, Florida.
(4) This regulation does not apply to persons or vessels operating
under the authority of the United States Navy
[[Page 702]]
nor to authorized law enforcement agencies.
[COTP Jacksonville Reg. 90-94, 55 FR 42374, Oct. 19, 1990]
Sec. 165.752 Sparkman Channel, Tampa, Florida--regulated navigation area.
(a) A regulated navigation area is established to protect vessels
from limited water depth in Sparkman Channel caused by an underwater
pipeline. The regulated navigation area is in Sparkman Channel between
the lines connecting the following points (referenced in NAD 83):
----------------------------------------------------------------------------------------------------------------
Latitude Longitude Latitude Longitude
----------------------------------------------------------------------------------------------------------------
1:
27[deg]56[min]20.5[s 082[deg]26[min]42.0[Sec. to 27[deg]56[min]19.3[sec 82[deg]26[min]37.5[sec] W
ec] N. ] W. ] N.
2:
27[deg]55[min]32.0[s 082[deg]26[min]54.0[Sec. to 27[deg]55[min]30.9[sec 82[deg]26[min]49.1[sec] W
ec] N. ] W. ] N.
----------------------------------------------------------------------------------------------------------------
(b) Ships requiring Federal or State pilotage shall not meet or
overtake other like vessels in Sparkman Channel.
(c) Vessels having a draft of more than 35.5 feet may not transit
Sparkman Channel.
(d) Vessels having a draft of 34.5 feet, but not over 35.5 feet, may
transit Sparkman Channel only when the tide is at least one foot above
mean low water.
(e) Vessels with a draft of 30 feet or greater shall transit as near
as possible to the center of the channel.
[CGD7 90-52, 56 FR 36005, July 30, 1991, as amended by USCG-1998-3799,
63 FR 35532, June 30, 1998]
Sec. 165.753 Regulated navigation area; Tampa Bay, Florida.
(a) The following is a regulated navigation area (RNA): All the
navigable waters of Tampa Bay, Hillsborough Bay and Old Tampa Bay,
including all navigable waterways tributary thereto. Also included are
the waters of Egmont Channel, Gulf of Mexico from Tampa Bay to the
seabuoy, Tampa Lighted Whistle Buoy T, LLNR 18465.
(b) The master, pilot, or person in charge of any vessel of 50
meters or greater shall give a Navigational Advisory Broadcast in
accordance with 47 CFR 80.331 on VHF-FM channel 13 at the following
broadcast/reporting points:
(1) Prior to getting underway from any berth or anchorage;
(2) Prior to entering Egmont Channel from seaward;
(3) Prior to passing Egmont Key in any direction;
(4) Prior to transiting the Skyway Bridge in either direction;
(5) Prior to transiting the intersection of Tampa Bay Cut F Channel,
Tampa Bay Cut G Channel, and Gadsden Point Cut Channel;
(6) Prior to anchoring or approaching a berth for docking;
(7) Prior to tending hawser;
(8) Prior to transiting Point Pinellas Channel Light 1 in either
direction.
(c) Each Navigational Advisory required by this section shall be
made in the English language and will contain the following information:
(1) The words ``Hello all vessels, a Navigational Advisory
follows'';
(2) Name of vessel;
(3) If engaged in towing, the nature of the tow;
(4) Direction of Movement;
(5) Present location; and,
(6) The nature of any hazardous conditions as defined by 33 CFR
160.203.
(d) Nothing in this section shall supersede either the International
Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS) or the
Inland Navigation Rules, as applicable, or relieve the Master or person
in charge of the vessel of responsibility for the safe navigation of the
vessel.
[CGD07-94-094, 60 FR 58519, Nov. 28, 1995]
Sec. 165.754 Safety Zone: San Juan Harbor, San Juan, PR.
(a) Regulated Area. A moving safety zone is established in the
following area:
[[Page 703]]
(1) The waters around Liquefied Petroleum Gas ships entering San
Juan Harbor in an area one half mile around each vessel, beginning one
mile north of the San Juan Harbor 1 Sea Buoy, in approximate
position 18-29.3N, 66-07.6W and continuing until the vessel is safely
moored at either the Gulf Refinery Oil dock or the Catano Oil dock in
approximate position 18-25.8N, 66-06.5W. All coordinates referenced use
datum: NAD 83.
(2) The waters around Liquefied Petroleum Gas ships departing San
Juan Harbor in an area one half mile around each vessel beginning at
either the Gulf Refinery Oil dock or Catano Oil dock in approximate
position 18-25.8N, 66-06.5W when the vessel gets underway, and
continuing until the stern passes the San Juan Harbor 1 Sea
Buoy, in approximate position 18-28.3N, 66-07.6W. All coordinates
referenced use datum: NAD 83.
(b) Regulations. (1) No person or vessel may enter, transit or
remain in the safety zone unless authorized by the Captain of the Port,
San Juan, Puerto Rico, or a designated Coast Guard commissioned,
warrant, or petty officer.
(2) Vessels encountering emergencies which require transit through
the moving safety zone should contact the Coast Guard patrol craft on
VHF Channel 16. In the event of an emergency, the Coast Guard patrol
craft may authorize a vessel to transit through the safety zone with a
Coast Guard designated escort.
(3) The Captain of the Port and the Duty Officer at Marine Safety
Office, San Juan, Puerto Rico, can be contacted at telephone number 787-
706-2444 or 787-289-2048. The Coast Guard Patrol Commander enforcing the
safety zone can be contacted on VHF-FM channels 16 and 22A.
(4) The Marine Safety Office San Juan will notify the marine
community of periods during which these safety zones will be in effect
by providing advance notice of scheduled arrivals and departures of
Liquefied Petroleum Gas vessels via a marine broadcast Notice to
Mariners.
(5) Should the actual time of entry of the Liquefied Petroleum Gas
vessel vary more than one half hour from the scheduled time stated in
the broadcast Notice to Mariners, the person directing the movement of
the Liquefied Petroleum Gas vessel shall obtain permission from Captain
of the Port San Juan before commencing the transit.
(6) All persons and vessels shall comply with the instructions of
on-scene patrol personnel. On-scene patrol personnel include
commissioned, warrant, or petty officers of the U.S. Coast Guard. Coast
Guard Auxiliary and local or state officials may be present to inform
vessel operators of the requirements of this section, and other
applicable laws.
[COTP SAN JUAN 97-045, 63 FR 27681, May 20, 1998, as amended by USCG-
2001-9286, 66 FR 33641, June 25, 2001]
Sec. 165.755 Safety Zone; Guayanilla, Puerto Rico
(a) The following area is established as a safety zone during the
specified conditions:
(1) A 100 yard radius surrounding a vessel carrying Liquefied
Natural Gas (LNG) while transiting north of Latitude 17[deg]56.0[min] N
in the waters of the Caribbean Sea, on approach to or departure from the
Eco-Electrica waterfront facility in Guayanilla Bay, Puerto Rico. The
safety zone remains in effect until the LNG vessel is docked at the Eco-
Electrica waterfront facility or south of Latitude 17[deg]56.0[min] N.
(2) The waters within 150 feet of a LNG vessel when the vessel is
alongside the Eco-Electrica waterfront facility in Guayanilla Bay, at
position 17[deg]58.55[min] N, 066[deg]45.3[min] W. This safety zone
remains in effect while the LNG vessel is docked with product aboard or
is transferring liquefied natural gas.
(b) In accordance with the general regulations in 165.23 of this
part, anchoring, mooring or transiting in these zones is prohibited
unless authorized by the Coast Guard Captain of the Port.
(c) The Coast Guard Marine Safety Office San Juan will notify the
maritime community of periods during which the safety zones will be in
effect by providing advance notice of scheduled arrivals and departures
of LNG vessels via a marine broadcast Notice to Mariners.
[COTP San Juan 00-095, 66 FR 16870, Mar. 28, 2001]
[[Page 704]]
Sec. 165.756 Regulated Navigation Area; Savannah River, Georgia.
(a) Regulated Navigation Area (RNA). The Savannah River between Fort
Jackson (32[deg]04.93[min] N, 081[deg]02.19[min] W) and the Savannah
River Channel Entrance Sea Buoy is a regulated navigation area. All
coordinates are North American Datum 1983.
(b) Definitions. The following definitions are used in this section:
Bollard pull is an industry standard used for rating tug
capabilities and is the pulling force imparted by the tug to the
towline. It means the power that an escort tug can apply to its working
line(s) when operating in a direct mode.
Direct Mode is a towing technique which is defined as a method of
operation by which a towing vessel generates towline forces by thrust
alone at an angle equal to or nearly equal to the towline, or thrust
forces applied directly to the escorted vessel's hull.
Indirect Mode is a towing technique that, for the purpose of this
section, is defined as a method of operation by which an escorting
towing vessel generates towline forces by a combination of thrust and
hydrodynamic forces resulting from a presentation of the underwater body
of the towing vessel at an oblique angle to the towline. This method
increases the resultant bollard pull, thereby arresting and controlling
the motion of an escorted vessel.
LNG tankship means a vessel as described in 46 CFR 154.
Made-up means physically attached by cable, towline, or other secure
means in such a way as to be immediately ready to exert force on a
vessel being escorted.
Make-up means the act of, or preparations for becoming made-up.
Operator means the person who owns, operates, or is responsible for
the operation of a facility or vessel.
Savannah River Channel Entrance Sea Buoy means the aid to navigation
labeled R W ``T'' Mo (A) WHIS on the National Oceanic and Atmospheric
Administration's (NOAA) Nautical Chart 11512.
Standby means immediately available, ready, and equipped to conduct
operations.
Underway means that a vessel is not at anchor, not made fast to the
shore, or not aground.
(c) Applicability. This section applies to all vessels operating
within the RNA, including naval and other public vessels, except vessels
that are engaged in the following operations:
(1) Law enforcement or search and rescue operations;
(2) Servicing aids to navigation;
(3) Surveying, maintenance, or improvement of waters in the RNA; or
(4) Actively engaged in escort, maneuvering or support duties for
the LNG tankship.
(d) Regulations--(1) Requirements for vessel operations while a LNG
tankship is underway within the RNA--(i) Except for a vessel that is
moored at a marina, wharf, or pier, and remains moored, no vessel 1600
gross tons or greater may approach within two nautical miles of a LNG
tankship that is underway within the RNA without the permission of the
Captain of the Port (COTP).
(ii) All vessels under 1600 gross tons shall keep clear of
transiting LNG tankships.
(iii) The owner, master, or operator of a vessel carrying liquefied
natural gas (LNG) shall:
(A) Comply with the notice requirements of 33 CFR 160. Updates are
encouraged at least 12 hours before arrival at the RNA boundaries. The
COTP may delay the vessel's entry into the RNA to accommodate other
commercial traffic. LNG tankships are further encouraged to include in
their notice a report of the vessel's propulsion and machinery status
and any outstanding recommendations or deficiencies identified by the
vessel's classification society and, for foreign flag vessels, any
outstanding deficiencies identified by the vessel's flag state.
(B) Obtain permission from the COTP before commencing the transit
into the RNA.
(C) While transiting, make security broadcasts every 15 minutes as
recommended by the U.S. Coast Pilot 4 Atlantic Coast. The person
directing the vessel must also notify the COTP telephonically or by
radio on channel 13 or 16 when the vessel is at the following locations:
Sea Buoy, Savannah Jetties, and Fields Cut.
[[Page 705]]
(D) Not enter or get underway within the RNA if visibility during
the transit is not sufficient to safely navigate the channel, and/or
wind speed is, or is expected to be, greater than 25 knots.
(E) While transiting the RNA, the LNG tankship shall have sufficient
towing vessel escorts.
(2) Requirements for LNG facilities--(i) The operator of a facility
where a LNG tankship is moored shall station and provide a minimum of
two escort towing vessels each with a minimum of 100,000 pounds of
bollard pull, 4,000 horsepower and capable of safely operating in the
indirect mode, to escort transiting vessels 1600 gross tons or greater
past the moored LNG tankship.
(ii) In addition to the two towing vessels required by paragraph
(d)(2)(i) of this section, the operator of the facility where the LNG
tankship is moored shall provide at least one standby towing vessel of
sufficient capacity to take appropriate actions in an emergency as
directed by the LNG vessel bridge watch.
(3) Requirements for vessel operations while a LNG tankship is
moored--(i) While moored within the RNA, LNG tankships shall maintain a
bridge watch of appropriate personnel to monitor vessels passing under
escort and to coordinate the actions of the standby-towing vessel
required in paragraph (d)(2)(ii) of this section in the event of
emergency.
(ii) Transiting vessels 1600 gross tons or greater, when passing a
moored LNG tankship, shall have a minimum of two towing vessels, each
with a minimum capacity of 100,000 pounds of bollard pull, 4,000
horsepower, and the ability to operate safely in the indirect mode,
made-up in such a way as to be immediately available to arrest and
control the motion of an escorted vessel in the event of steering,
propulsion or other casualty. While it is anticipated that vessels will
utilize the facility provided towing vessel services required in
paragraph (d)(2)(i) of this section, this regulation does not preclude
escorted vessel operators from providing their own towing vessel
escorts, provided they meet the requirements of this part.
(A) Outbound vessels shall be made-up and escorted from Bight
Channel Light 46 until the vessel is safely past the LNG dock.
(B) Inbound vessels shall be made-up and escorted from Elba Island
Light 37 until the vessel is safely past the LNG dock.
(iii) All vessels of less than 1600 gross tons shall not approach
within 70 yards of an LNG tankship.
(e) LNG Schedule. The Captain of the Port will issue a Broadcast
Notice to Mariners to inform the marine community of scheduled LNG
tankship activities during which the restrictions imposed by this
section are in effect.
(f) Waivers. (1) The COTP may waive any requirement in this section,
if the COTP finds that it is in the best interest of safety or in the
interest of national security.
(2) An application for a waiver of these requirements must state the
compelling need for the waiver and describe the proposed operation and
methods by which adequate levels of safety are to be obtained.
(g) Enforcement. Violations of this section should be reported to
the Captain of the Port, Savannah, at (912) 652-4353. In accordance with
the general regulations in Sec. 165.13 of this part, no person may
cause or authorize the operation of a vessel in the regulated navigation
area contrary to the provisions of this section.
[CGD07-01-037, 67 FR 46867, July 17, 2002, as amended by CGD07-03-147,
69 FR 21068, Apr. 20, 2004]
Sec. 165.757 Safety Zones; Ports of Ponce, Tallaboa, and Guayanilla,
Puerto Rico and Limetree Bay, St. Croix, U.S.V.I.
(a) Location. The following areas are established as a safety zones
during the specified conditions:
(1) Port of Ponce, Puerto Rico. A 100-yard radius surrounding all
Liquefied Hazardous Gas (LHG) vessels with product aboard while
transiting north of Latitude 17[deg]57.0[min] N in the waters of the
Caribbean Sea on approach to or departing from the Port of Ponce, Puerto
Rico (NAD 83). The safety zone remains in effect until the LHG vessel is
docked.
(2) Port of Tallaboa, Puerto Rico. A 100-yard radius surrounding all
Liquefied Hazardous Gas (LHG) vessels with
[[Page 706]]
product aboard while transiting north of Latitude 17[deg]56.0[min] N in
the waters of the Caribbean Sea on approach to or departing from the
Port of Tallaboa, Puerto Rico (NAD 83). The safety zone remains in
effect until the LHG vessel is docked.
(3) Port of Guayanilla, Puerto Rico. A 100-yard radius surrounding
all Liquefied Hazardous Gas (LHG) vessels around with product aboard
while transiting north of Latitude 17[deg]57.0[min] N in the waters of
the Caribbean Sea on approach to or departing from the Port of
Guayanilla, Puerto Rico (NAD 83). The safety zone remains in effect
until the LHG vessel is docked.
(4) Port of Limetree Bay, St. Croix, U.S.V.I. A 100-yard radius
surrounding all Liquefied Hazardous Gas (LHG) vessels with product
aboard while transiting north of Latitude 17[deg]39.0[min] N in the
waters of the Caribbean Sea on approach to or departing from the Port of
Limetree Bay, U.S.V.I. (NAD 83). The safety zone remains in effect until
the LHG vessel is docked.
(b) Regulations. In accordance with the general regulations in Sec.
165.23 of this part, anchoring, mooring or transiting in these zones is
prohibited unless authorized by the Coast Guard Captain of the Port. The
Marine Safety Office San Juan will notify the maritime community of
periods during which these safety zones will be in effect by providing
advance notice of scheduled arrivals and departures on LHG carriers via
a broadcast notice to mariners on VHF Marine Band Radio, Channel 16
(156.8 MHz).
[COTP San Juan 02-038, 67 FR 60867, Sept. 27, 2002]
Sec. 165.758 Security Zone; San Juan, Puerto Rico.
(a) Location. Moving and fixed security zones are established 50
yards around all cruise ships entering, departing, moored or anchored in
the Port of San Juan, Puerto Rico. The security zone for a cruise ship
entering port is activated when the vessel is one mile north of the
3 buoy, at approximate position 18[deg]28[min]17[min] N,
66[deg]07[min]37.5[min] W. The security zone for a vessel is deactivated
when the vessel passes this buoy on its departure from the port.
(b) Regulations. (1) Under general regulations in Sec. 165.33 of
this part, entering, anchoring, mooring or transiting in these zones is
prohibited unless authorized by the Coast Guard Captain of the Port of
San Juan.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at the Greater Antilles Section
Operations Center at (787) 289-2041 or via VHF radio on Channel 16 to
seek permission to transit the area. If permission is granted, all
persons and vessels must comply with the instructions of the Captain of
the Port or his designated representative.
(3) The Marine Safety Office San Juan will attempt to notify the
maritime community of periods during which these security zones will be
in effect by providing advance notice of scheduled arrivals and
departures of cruise ships via a broadcast notice to mariners.
(c) Definition. As used in this section, cruise ship means a
passenger vessel greater than 100 feet in length that is authorized to
carry more than 150 passengers for hire, except for a ferry.
(d) Authority. In addition to 33 U.S.C 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
[CGD07-02-042, 67 FR 76991, Dec. 16, 2002]
Sec. 165.759 Security Zones; Ports of Jacksonville, Fernandina, and
Canaveral, Florida.
(a) Regulated Area. Moving security zones are established 100 yards
around all tank vessels, cruise ships, and military pre-positioned ships
during transits entering or departing the ports of Jacksonville,
Fernandina, and Canaveral, Florida. These moving security zones are
activated when the subject vessels pass the St. Johns River Sea Buoy, at
approximate position 30 deg. 23[min] 35[sec] N, 81 deg, 19[min] 08[sec]
West, when entering the port of Jacksonville, or pass Port Canaveral
Channel Entrance Buoys 3 or 4, at respective
approximate positions 28 deg. 22.7 N, 80 deg 31.8 W, and 28 deg. 23.7 N,
80 deg. 29.2 W, when entering Port Canaveral. Fixed security zones are
established 100 yards around all tank vessels, cruise ships, and
military pre-positioned ships docked in the Ports of Jacksonville,
Fernandina, and Canaveral, Florida.
[[Page 707]]
(b) Regulations. In accordance with the general regulations Sec.
165.33 of this part, entry into these zones is prohibited except as
authorized by the Captain of the Port, or a Coast Guard commissioned,
warrant, or petty officer designated by him. The Captain of the Port
will notify the public of any changes in the status of this zone by
Marine Safety Radio Broadcast on VHF Marine Band Radio, Channel 22
(157.1 MHz).
(c) Definition. As used in this section: cruise ship means a
passenger vessel, except for a ferry, greater than 100 feet in length
that is authorized to carry more than 12 passengers for hire.
(d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
[COTP Jacksonville 02-066, 68 FR 3186, Jan. 23, 2003]
Sec. 165.760 Security Zones; Tampa Bay, Port of Tampa, Port of Saint
Petersburg, Port Manatee, Rattlesnake, Old Port Tampa, Big Bend, Weedon
Island, and
Crystal River, Florida.
(a) Location. The following areas, denoted by coordinates fixed
using the North American Datum of 1983 (World Geodetic System 1984), are
security zones:
(1) Rattlesnake, Tampa, FL. All waters, from surface to bottom, in
Old Tampa Bay east and south of a line commencing at position
27[deg]53.32[min] N, 082[deg]32.05[min] W; north to 27[deg]53.36[min] N,
082[deg]32.05[min] W.
(2) Old Port Tampa, Tampa, FL. All waters, from surface to bottom,
in Old Tampa Bay encompassed by a line connecting the following points:
27[deg]51.62[min] N, 082[deg]33.14[min] W; east to 27[deg]51.71[min] N,
082[deg]32.5[min] W; north to 27[deg]51.76[min] N, 082[deg]32.5[min] W;
west to 27[deg]51.73[min] N, 082[deg]33.16[min] W; and south to
27[deg]51.62[min] N, 082[deg]33.14[min] W, closing off the Old Port
Tampa channel.
(3) Sunshine Skyway Bridge, Tampa, FL. All waters in Tampa Bay, from
surface to bottom, 100-feet around all bridge supports, dolphins and
rocky outcroppings bounded on the northern portion of the bridge at pier
135, (also designated 24N which is the 24th pier north of the center
span), 27[deg]37.85[min] N, 082[deg]39.78[min] W, running south under
the bridge to pier 88, (also designated 24S which is the 24th pier south
of the center span) 27[deg]36.59[min] N, 082[deg]38.86[min] W. Visual
identification of the zone can be defined as to the areas to the north
and south where the bridge structure begins a distinct vertical rise.
(4) Vessels carrying hazardous cargo, Tampa, FL. All waters, from
surface to bottom, 200 yards around vessels moored in Tampa Bay carrying
or transferring Liquefied Petroleum Gas (LPG), Anhydrous Ammonia (NH3)
and/or grade ``A'' and ``B'' flammable liquid cargo. Any vessel
transiting within the outer 100 yards of the zone for moored vessels
carrying or transferring Liquefied Petroleum Gas (LPG), Anhydrous
Ammonia (NH3) and/or grade ``A'' and ``B'' cargo may operate unless
otherwise directed by the Captain of the Port or his designee but must
proceed through the area at the minimum speed necessary to maintain safe
navigation. No vessel may enter the inner 100-yard portion of the
security zone closest to the vessel.
(5) Piers, seawalls, and facilities, Port of Tampa, Port Sutton and
East Bay. All waters, from surface to bottom, extending 50 yards from
the shore, seawall and piers around facilities in Port Sutton and East
Bay within the Port of Tampa encompassed by a line connecting the
following points: 27[deg]54.15[min] N, 082[deg]26.11[min] W, east
northeast to 27[deg]54.19[min] N, 082[deg]26.00[min] W, then northeast
to 27[deg]54.37[min] N, 082[deg]25.72[min] W, closing off all of Port
Sutton Channel, then northerly to 27[deg]54.48[min] N, 082[deg]25.70
[min]W, then northeasterly and terminating at point 27[deg]55.27[min] N,
082[deg]25.17[min] W.
(6) Piers, seawalls, and facilities, Port of Tampa, East Bay and the
eastern side of Hooker's Point. All waters, from surface to bottom,
extending 50 yards from the shore, seawall and piers around facilities
on East Bay and on the East Bay Channel within the Port of Tampa
encompassed by a line connecting the following points: 27[deg]56.05[min]
N, 082[deg]25.95[min] W, southwesterly to 27[deg]56.00[min] N,
082[deg]26.07[min] W, then southerly to 27[deg]55.83[min] N,
082[deg]26.07[min] W, then southeasterly to 27[deg]55.55[min] N,
082[deg]25.75[min] W, then south to 27[deg]54.75[min] N,
082[deg]25.75[min] W, then southwesterly and terminating at point
27[deg]54.57[min] N, 082[deg]25.86[min] W.
(7) Piers, seawalls, and facilities, Port of Tampa, on the western
side of Hooker's
[[Page 708]]
Point. All waters, from surface to bottom, extending 50 yards from the
shore, seawall and piers around facilities on Hillsborough Bay Cut ``D''
Channel, Sparkman Channel, Ybor Turning Basin, and Ybor Channel within
the Port of Tampa encompassed by a line connecting the following points:
27[deg]54.74[min] N, 082[deg]26.47[min] W, northwest to
27[deg]55.25[min] N, 082[deg]26.73[min] W, then north-northwest to
27[deg]55.60[min] N, 082[deg]26.80[min] W, then north-northeast to
27[deg]56.00[min] N, 082[deg]26.75[min] W, then northeast to
27[deg]56.58[min] N, 082[deg]26.53[min] W, and north to
27[deg]57.29[min] N, 082[deg]26.51[min] W, west to 27[deg]57.29[min] N,
082[deg]26.61[min] W, then southerly to 27[deg]56.65[min] N,
082[deg]26.63[min] W, southwesterly to 27[deg]56.58[min] N,
082[deg]26.69[min] W, then southwesterly and terminating at
27[deg]56.53[min] N, 082[deg]26.90[min] W.
(8) Piers, seawalls, and facilities, Port of Manatee. All waters,
from surface to bottom, within the Port of Manatee extending 50 yards
from the shore, seawall and piers around facilities. This security zone
encompasses all piers and seawalls of the cruise terminal berths 9 and
10 in Port Manatee, Florida beginning at 27[deg]38.00[min] N,
082[deg]33.81[min] W; continuing east to 27[deg]38.00[min] N,
082[deg]33.53[min] W.
(9) Moving cruise ships in the Port of Tampa, Port of Saint
Petersburg, and Port Manatee, Florida. All waters, from surface to
bottom, extending 200 yards around all cruise ships entering or
departing Port of Tampa, Port of Saint Petersburg, or Port Manatee,
Florida. These temporary security zones are activated on the inbound
transit when a cruise ship passes the Tampa Lighted Whistle Buoy ``T'',
located at 27[deg]35.35[min] N, 083[deg]00.71[min] W and terminate when
the vessel is moored at a cruise ship terminal. The security zones are
activated on the outbound transit when a cruise ship gets underway from
a terminal and terminates when the cruise ship passes the Tampa Lighted
Whistle Buoy ``T'', located at 27[deg]35.35[min] N, 083[deg]00.71[min]
W. Any vessel transiting within the outer 100 yards of the zone for a
cruise ship may operate unless otherwise directed by the Captain of the
Port or his designee but must proceed through the area at the minimum
speed necessary to maintain safe navigation. No vessel may enter the
inner 100-yard portion of the security zone closest to the vessel.
(10) Moored cruise ships in the Port of Tampa, Port of Saint
Petersburg, and Port Manatee, Florida. All waters, from surface to
bottom, extending 200 yards around moored cruise ships in the Ports of
Tampa, Saint Petersburg, or Port Manatee, Florida. Any vessel transiting
within the outer 100 yards of the zone of moored cruise ships may
operate unless otherwise directed by the Captain of the Port or his
designee but must proceed through the area at the minimum speed
necessary to maintain safe navigation. No vessel may enter the inner
100-yard portion of the security zone closest to the vessel.
(11) Saint Petersburg Harbor, FL. All waters, from surface to
bottom, extending 50 yards from the seawall and around all moorings and
vessels in Saint Petersburg Harbor (Bayboro Harbor), commencing on the
north side of the channel at dayboard ``10'' in approximate position
27[deg]45.56[min] N, 082[deg]37.55[min] W, and westward along the
seawall to the end of the cruise terminal in approximate position
27[deg]45.72[min] N, 082[deg]37.97[min] W. The zone will also include
the Coast Guard south moorings in Saint Petersburg Harbor. The zone will
extend 50 yards around the piers commencing from approximate position
27[deg]45.51[min] N, 082[deg]37.99[min] W; to 27[deg]45.52[min] N,
082[deg]37.57[min] W. The southern boundary of the zone is shoreward of
a line between the entrance to Salt Creek easterly to Green Daybeacon 11
(LLN 2500).
(12) Crystal River Nuclear Power Plant. All waters, from surface to
bottom, around the Florida Power Crystal River nuclear power plant
located at the end of the Florida Power Corporation Channel, Crystal
River, Florida, encompassed by a line connecting the following points:
28[deg]56.87[min] N, 082[deg]45.17[min] W (Northwest corner);
28[deg]57.37[min] N, 082[deg]41.92[min] W (Northeast corner);
28[deg]56.81[min] N, 082[deg]45.17[min] W (Southwest corner); and
28[deg]57.32[min] N, 082[deg]41.92[min] W (Southeast corner).
(13) Crystal River Demory Gap Channel. All waters, from surface to
bottom, in the Demory Gap Channel in Crystal River, Florida, encompassed
by a line connecting the following points: 28[deg]57.61[min] N,
082[deg]43.42[min] W (Northwest corner); 28[deg]57.53[min] N,
082[deg]41.88[min] W (Northeast
[[Page 709]]
corner); 28[deg]57.60[min] N, 082[deg]43.42[min] W (Southwest corner);
and 28[deg]57.51[min] N, 082[deg]41.88[min] W (Southeast corner).
(b) Regulations. (1) Entry into or remaining within these zones is
prohibited unless authorized by the Coast Guard Captain of the Port,
Tampa, Florida or that officer's designated representative.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number 813-228-2189/91 or
on VHF channel 16 to seek permission to transit the area. If permission
is granted, all persons and vessels must comply with the instructions of
the Captain of the Port or their designated representative.
(c) Definition. As used in this section, ``cruise ship'' means a
vessel required to comply with 33 CFR Part 120.
(d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
[COTP Tampa 02-053, 68 FR 52342, Sept. 3, 2003]
Sec. 165.761 Security Zones; Port of Palm Beach, Port Everglades, Port
of Miami, and Port of Key West, Florida.
(a) Location. The following areas are security zones:
(1) Fixed and moving security zones around vessels in the Ports of
Palm Beach, Port Everglades, Miami, and Key West, Florida. Moving
security zones are established 100 yards around all passenger vessels,
vessels carrying cargoes of particular hazard, or vessels carrying
liquefied hazardous gas (LHG) as defined in 33 CFR parts 120, 126 and
127 respectively, during transits entering or departing the Ports of
Palm Beach, Port Everglades, Miami or Key West, Florida. These moving
security zones are activated when the subject vessel passes: ``LW''
buoy, at approximate position 26[deg]46.3[min] N, 080[deg]00.6[min] W,
when entering the Port of Palm Beach, passes ``PE'' buoy, at approximate
position 26[deg]05.5[min] N, 080[deg]04.8[min] W, when entering Port
Everglades; the ``M'' buoy, at approximate position 25[deg]46.1[min] N,
080[deg]05.0[min] W, when entering the Port of Miami; and ``KW'' buoy,
at approximate position 24[deg]27.7[min] N, 081[deg]48.1[min] W, when
entering the Port of Key West. Fixed security zones are established 100
yards around all passenger vessels, vessels carrying cargoes of
particular hazard or liquefied hazardous gas (LHG) as defined in 33 CFR
parts 120, 126 and 127 respectively, while they are docked in the Ports
of Palm Beach, Port Everglades, Miami or Key West, Florida.
(2) Fixed security zone in the Port of Miami, Florida. A fixed
security zone encompasses all waters between Watson Park and Star Island
on the MacArthur Causeway south to the Port of Miami. The western
boundary is formed by an imaginary line from points 25[deg]46.79[min] N,
080[deg]10.90[min] W, to 25[deg]46.77[min] N, 080[deg]10.92[min] W to
25[deg]46.88[min] N, 080[deg]10.84[min] W, and ending on Watson Park at
25[deg]47.00[min] N, 080[deg]10.67[min] W. The eastern boundary is
formed by an imaginary line from the traffic light located at Bridge
road, in approximate position 25[deg]46.33[min] N, 080[deg]09.12[min] W,
which leads to Star Island, and MacArthur Causeway directly extending
across the Main Channel to the Port of Miami, at 25[deg]46.26[min] N,
080[deg]09.18[min] W. The fixed security zone is activated when two or
more passenger vessels, vessels carrying cargoes of particular hazard,
or vessels carrying liquefied hazardous gas (LHG) as defined in 33 CFR
parts 120, 126 and 127 respectively, enter or moor within this zone.
(i) Vessels may be allowed to transit the Main Channel when only one
passenger vessel or vessel carrying cargoes of particular hazard are
berthed, by staying on the north side of the law enforcement boats and
cruise ship tenders which will mark a transit lane in channel.
(ii) When passenger vessels are not berthed on the Main Channel,
navigation will be unrestricted. Law enforcement vessels can be
contacted on VHF Marine Band Radio, Channel 16 (156.8 MHz).
(3) Fixed security zones in the Port Everglades. A fixed security
zone encompasses all waters west of an imaginary line starting at the
northern most point 26[deg]05.98[min] N, 080[deg]07.15[min] W, near the
west side of the 17th Street Causeway Bridge, to the southern most point
26[deg]05.41[min] N, 080[deg]06.96[min] W, on the northern tip of pier
22. An additional fixed security zone encompasses the Intracoastal
Waterway between a line connecting point 26[deg]05.41[min] N,
080[deg]06.97[min] W, on the
[[Page 710]]
northern tip of berth 22 and a point directly east across the
Intracoastal Waterway to 26[deg]05.41[min] N, 080[deg]06.74[min] W; and
a line drawn from the corner of Port Everglades berth 29 at point
26[deg]04.72[min] N, 080[deg]06.92[min] W, easterly across the
Intracoastal Waterway to John U. Lloyd Beach, State Recreational Area at
point 26[deg]04.72[min] N, 080[deg]06.81[min] W.
(i) Vessels may be allowed to transit the Intracoastal Waterway when
passenger vessels or vessels carrying cargoes of particular hazard are
berthed, by staying east of the law enforcement vessels and cruise ship
tenders, which will mark a transit lane in the Intracoastal Waterway.
(ii) Periodically, vessels may be required to temporarily hold their
positions while large commercial traffic operates in this area. Vessels
in this security zone must follow the orders of the COTP or his
designated representative, who may be embarked in law enforcement or
other vessels on scene. When passenger vessels are not berthed on the
Intracoastal Waterway, navigation will be unrestricted. Law enforcement
vessels can be contacted on VHF Marine Band Radio, Channel 16 (156.8
MHz).
(b) Regulations. (1) Prior to commencing the movement, the person
directing the movement of a passenger vessel, a vessel carrying cargoes
of particular hazard or a vessel carrying liquefied hazardous gas (LHG)
as defined in Title 33, Code of Federal Regulations parts 120, 126 and
127 respectively, is encouraged to make a security broadcast on VHF
Marine Band Radio, Channel 13 (156.65 MHz) to advise mariners of the
moving security zone activation and intended transit.
(2) In accordance with the general regulations Sec. 165.33 of this
part, entry into these zones is prohibited except as authorized by the
Captain of the Port Miami or his designated representative. Other
vessels such as pilot boats, cruise ship tenders, tug boats and
contracted security vessels may assist the Coast Guard Captain of the
Port under the direction of his designated representative by monitoring
these zones strictly to advise mariners of the restrictions. The Captain
of the Port will notify the public via Marine Safety Radio Broadcast on
VHF Marine Band Radio, Channel 16 (156.8 MHz) when the security zones
are being enforced.
(3) Persons desiring to enter or transit the area of the security
zone may contact the Captain of the Port at (305) 535-8701 or on VHF
Marine Band Radio, Channel 16 (156.8 MHz) to seek permission to transit
the area. If permission is granted, all persons and vessels must comply
with the instructions of the Captain of the Port or his or her
designated representative.
(4) The Captain of the Port Miami may waive any of the requirements
of this subpart for any vessel upon finding that the vessel or class of
vessel, operational conditions, or other circumstances are such that
application of this subpart is unnecessary or impractical for the
purpose of port security, safety or environmental safety.
(c) Definition. As used in this section, cruise ship means a
passenger vessel greater than 100 feet in length and over 100 gross tons
that is authorized to carry more than 12 passengers for hire making
voyages lasting more than 24 hours, except for a ferry.
(d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
[COTP Miami 02-115, 68 FR 3189, Jan. 23, 2003]
Sec. 165.762 Security Zone; St. Thomas, U.S. Virgin Islands.
(a) Location. Moving and fixed security zones are established 50
yards around all cruise ships entering, departing, moored or anchored in
the Port of St. Thomas, U.S. Virgin Islands. The security zone for a
cruise ship entering port is activated when the vessel passes: St.
Thomas Harbor green lighted buoy 3 in approximate position
18[deg]19[min]19[sec] North, 64[deg]55[min]40[sec] West when entering
the port using St. Thomas Channel; red buoy 2 in approximate position
18[deg]19[min]15[sec] North, 64[deg]55[min]59[sec] West when entering
the port using East Gregorie Channel; and red lighted buoy 4 in
approximate position 18[deg]18[min]16[sec] North, 64[deg]57[min]30[sec]
West when entering the port using West Gregorie Channel. These zones are
deactivated when the cruise ship passes any of these buoys on its
departure from the Port.
(b) Regulations. (1) Under general regulations in Sec. 165.33 of
this part, entering, anchoring, mooring or transiting
[[Page 711]]
in these zones is prohibited unless authorized by the Coast Guard
Captain of the Port of San Juan.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at the Greater Antilles Section
Operations Center at (787) 289-2041 or via VHF radio on Channel 16 to
seek permission to transit the area. If permission is granted, all
persons and vessels must comply with the instructions of the Captain of
the Port or his designated representative.
(3) The Marine Safety Office San Juan will attempt to notify the
maritime community of periods during which these security zones will be
in effect by providing advance notice of scheduled arrivals and
departures of cruise ships via a broadcast notice to mariners.
(c) Definition. As used in this section, cruise ship means a
passenger vessel greater than 100 feet in length that is authorized to
carry more than 150 passengers for hire, except for a ferry.
(d) Authority. In addition to 33 U.S.C 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
[COTP San Juan 03-024, 68 FR 33391, June 4, 2003]
Sec. 165.763 Moving and Fixed Security Zone, Port of Fredericksted,
Saint Croix, U.S. Virgin Islands.
(a) Location. A moving and fixed security zone is established that
surrounds all cruise ships entering, departing, mooring or anchoring in
the Port of Fredericksted, Saint Croix, U.S. Virgin Islands. The
security zone extends from the cruise ship outward and forms a 50-yard
radius around the vessel, from surface to bottom. The security zone for
a cruise ship entering port is activated when the vessel is within one
nautical mile west of the Fredericksted Pier lights. The security zone
for a vessel is deactivated when the cruise ship is beyond one nautical
mile west of the Fredericksted Pier lights. The Fredericksted Pier
lights are at the following coordinates: 17[deg]42[min]49[sec] N,
64[deg]53[min]19[sec] W. All coordinates are North American Datum 1983
(NAD 1983).
(b) Regulations. (1) Under general regulations in Sec. 165.33 of
this part, entering, anchoring, mooring, or transiting in these zones is
prohibited unless authorized by the Coast Guard Captain of the Port San
Juan or their designated representative.
(2) Persons desiring to transit through a security zone may contact
the Captain of the Port San Juan who can be reached on VHF Marine Band
Radio, Channel 16 (156.8 Mhz) or by calling (787) 289-2041, 24-hours-a-
day, 7-days-a-week. If permission is granted, all persons and vessels
must comply with the instructions of the Captain of the Port or
designated representative.
(3) Sector San Juan will attempt to notify the maritime community of
periods during which these security zones will be in effect by providing
advance notice of scheduled arrivals and departures of cruise ships via
a broadcast notice to mariners.
(c) Definition. As used in this section, cruise ship means a
passenger vessel greater than 100 feet in length that is authorized to
carry more than 150 passengers for hire, except for a ferry.
(d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
[COTP San Juan 05-002, 70 FR 22256, Apr. 29, 2005]
Sec. 165.764 Security Zones; Big Bend and Weedon Island Power
Facilities, Tampa Bay, Florida.
(a) Location. The following areas, denoted by coordinates fixed
using the North American Datum of 1983 (World Geodetic System 1984), are
security zones:
(1) Big Bend, Tampa Bay, Florida. All waters of Tampa Bay, from
surface to bottom, adjacent to the Big Bend Power Facility, and within
an area bounded by a line connecting the following points:
27[deg]47.85[min] N, 082[deg]25.02[min] W then east and south along the
shore and pile to 27[deg]47.63[min] N, 082[deg]24.70[min] W then north
along the shore to 27[deg] 48.02[min] N, 082[deg]24.70[min] W then north
and west along a straight line to 27[deg]48.12[min] N,
082[deg]24.88[min] W then south along the shore and pile to
27[deg]47.85[min] N, 082[deg]25.02[min] W, closing off entrance to the
Big Bend Power Facility.
(2) Weedon Island, Tampa Bay, Florida. All waters of Tampa Bay, from
surface to bottom, extending 50 yards from the shore, seawall and piers
around the
[[Page 712]]
Power Facility at Weedon Island encompassed by a line connecting the
following points: 27[deg] 51.52[min] N, 082[deg] 35.82[min] W then north
and east along the shore to 27[deg] 51.54[min] N, 082[deg] 35.78[min] W
then north to 27[deg] 51.68[min] N, 082[deg] 35.78[min] W then north to
27[deg] 51.75[min] N, 082[deg] 35.78[min] W closing off entrance to the
canal then north to 27[deg] 51.89[min] N, 082[deg] 35.82[min] W then
west along the shore to 27[deg] 51.89[min] N, 082[deg] 36.10[min] W then
west to 27[deg] 51.89[min] N, 082[deg] 36.14[min] W closing off entrance
to the canal.
(b) Regulations. (1) Entry into or remaining within these zones is
prohibited unless authorized by the Coast Guard Captain of the Port,
Tampa, Florida or their designated representative.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number 813-228-2189/91 or
on VHF channel 16 to seek permission to transit the area. If permission
is granted, all persons and vessels must comply with the instructions of
the Captain of the Port or their designated representative.
(c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
[COTP Tampa-03-080, 68 FR 47854, Aug. 12, 2003]
Sec. 165.765 Regulated Navigation Area; Port Everglades Harbor, Fort
Lauderdale, Florida.
(a) Location. The following area in Port Everglades harbor is a
regulated navigation area: all waters of Port Everglades harbor, from
shore to shore, encompassed by a line commencing at the south mid-point
tip of Harbor Heights approximately 26[deg]05.687[min] N,
080[deg]06.684[min] W; thence south across Bar Cut to a point north of
the Nova University Marina approximately 26[deg]05.552[min] N,
080[deg]06.682[min] W, thence southwesterly to a point near the center
of Lake Mabel approximately 26[deg]05.482[min] N, 080[deg]06.793[min] W,
thence northwesterly to a point near the Quick Flashing Red 12
approximately 26[deg]05.666[min] N, 080[deg]06.947[min] W, thence east
to south mid-point tip of Harbor Heights (starting point) approximately
26[deg]05.687[min] N, 080[deg]06.684[min] W.
(b) Regulations. Vessels less than 150 meters entering and
transiting through the regulated navigation area shall proceed at a slow
speed. Nothing in this section alleviates vessels or operators from
complying with all state and local laws in the area including manatee
slow speed zones. Nor should anything in this section be construed as
conflicting with the requirement to operate at safe speed under the
Inland Navigation Rules, 33 U.S.C. 2001 et seq.
(c) Definition. As used in this section, slow speed means the speed
at which a vessel proceeds when it is fully off plane, completely
settled in the water and not creating excessive wake. Due to the
different speeds at which vessels of different sizes and configurations
may travel while in compliance with this definition, no specific speed
is assigned to slow speed. A vessel is not proceeding at slow speed if
it is:
(1) On a plane;
(2) In the process of coming up on or coming off of plane; or
(3) Creating an excessive wake.
[CDG07-03-069, 68 FR 63991, Nov. 12, 2003]
Eighth Coast Guard District
Sec. 165.802 Lower Mississippi River, vicinity of Old River Control
Structure--Safety Zone.
(a) The area enclosed by the following boundary is a safety zone--
from the Black Hawk Point Light, mile 316.1 AHP LMR to a point opposite
Ft. Adams Light, mile 311.5 AHP along the low water reference plane
above the right descending bank; thence to the levee on a line
perpendicular to the channel centerline; thence along the levee to the
upstream end of the Old River Overbank structure; thence along a line to
the Black Hawk Point Light.
(b) Any vessel desiring to enter this safety zone must first obtain
permission from the Captain of the Port, New Orleans. The resident
engineer at Old River Control Structure (WUG-424) is delegated the
authority to permit entry into this safety zone.
[CGD8-87-10, 53 FR 15207, Apr. 28, 1988, as amended by CGD8 89-03, 54 FR
16108, Apr. 21, 1989]
[[Page 713]]
Sec. 165.803 Mississippi River--regulated navigation area.
The following is a Regulated Navigation Area--The waters of the
Mississippi River between miles 88 and 240 above Head of Passes.
(a) Definitions. As used in this section:
(1) Breakaway means a barge that is adrift and is not under the
control of a towing vessel.
(2) COTP means the Captain of the Port, New Orleans.
(3) Fleet includes one or more tiers.
(4) Fleeting facility means the geographic area along or near a
river bank at which a barge mooring service, either for hire or not for
hire, is established.
(5) Mooring barge or spar barge means a barge moored to mooring
devices and to which other barges may be moored.
(6) Mooring device includes a deadman, anchor, pile or other
reliable holding apparatus.
(7) Person in charge includes any owner, agent, pilot, master,
officer, operator, crewmember, supervisor, dispatcher or other person
navigating, controlling, directing or otherwise responsible for the
movement, action, securing, or security of any vessel, barge, tier,
fleet or fleeting facility subject to the regulations in this section.
(8) Tier means barges moored interdependently in rows or groups.
(b) Waivers:
(1) The COTP may, upon written request, except as allowed in
paragraph (3) of this subsection, waive any regulation in this section
if it is found that the proposed operation can be conducted safely under
the terms of that waiver.
(2) Each written request for a waiver must state the need for the
waiver and describe the proposed operation.
(3) Under unusual circumstances due to time constraints, the person
in charge may orally request an immediate waiver from the COTP. The
written request for a waiver must be submitted within five working days
after the oral request.
(4) The COTP may, at any time, terminate any waiver issued under
this subsection.
(c) Emergencies. In an emergency, a person may depart from any
regulation in this section to the extent necessary to avoid immediate
danger to persons, property or the environment.
(d) Mooring: General.
(1) No person may secure a barge to trees or to other vegetation.
(2) No person may allow a barge to be moored with unraveled or
frayed lines or other defective or worn mooring.
(3) No person may moor barges side to side unless they are secured
to each other from fittings as close to each corner of abutting sides as
practicable.
(4) No person may moor barges end to end unless they are secured to
each other from fittings as close to each corner of abutting ends as
practicable.
(e) Mooring to a mooring device. (1) A barge may be moored to
mooring devices if the upstream end of that barge is secured to at least
one mooring device and the downstream end is secured to at least one
other mooring device, except that from mile 127 to mile 240 a barge may
be moored to mooring devices if the upstream end of that barge is
secured to at least one mooring device.
(2) Barges moored in tiers may be shifted to mooring devices if the
shoreward barge at the upstream end of the tier is secured to at least
one mooring device, and the shoreward barge at the downstream end of the
tier is secured to at least one other mooring device, except that from
mile 127 to mile 240 barges moored in tiers may be shifted to mooring
devices if the shoreward barge at the upstream end of the tier is
secured to at least one mooring device.
(3) Each wire rope used between the upstream end of a barge and a
mooring device must have at least a diameter of 1\1/4\ inch. Chain or
line used between the upstream end of a barge and a mooring device must
be at least equivalent in strength to 1\1/4\ inch diameter wire rope.
(4) Each wire rope used between the downstream end of a barge and a
mooring device must have at least a diameter of \7/8\ inch. Chain or
line used between the downstream end of a barge and a mooring device
must be of at least equivalent strength of \7/8\ inch diameter wire
rope.
(f) Moorings: Barge-to-barge; barge-to-vessel; barge-to-wharf or
pier. The person in charge shall ensure that a
[[Page 714]]
barge moored to another barge, a mooring or spar barge, a vessel, a
wharf, or a pier, is secured as near as practicable to each abutting
corner of the barge being moored by:
(1) Three parts of wire rope of at least \7/8\ inch diameter with an
eye at each end of the rope passed around the timberhead, caval, or
button;
(2) A mooring of natural or synthetic fiber rope that has at least
75 percent of the breaking strength of three parts of \7/8\ inch
diameter wire rope; or
(3) Fixed rigging that is at least equivalent to three parts of \7/
8\ inch diameter wire rope.
(g) Mooring: Person in charge.
(1) The person in charge of a barge, tier, fleet or fleeting
facility shall ensure that the barge, tier, fleet or fleeting facility
meets the requirements in paragraphs (d) and (e) of this section.
(2) The person in charge shall ensure that all mooring devices,
wires, chains, lines and connecting gear are of sufficient strength and
in sufficient number to withstand forces that may be exerted on them by
moored barges.
(h) Fleeting facility: inspection of moorings.
(1) The person in charge of a fleeting facility shall assign a
person to inspect moorings in accordance with the requirements in
paragraph (h)(2) of this section.
(2) The person assigned to inspect moorings shall inspect:
(i) At least twice each day during periods that are six hours or
more apart, each mooring wire, chain, line and connecting gear between
mooring devices and each wire, line and connecting equipment used to
moor each barge; and
(ii) After a towboat adds barges to, withdraws barges from, or moves
barges at a fleeting facility, each mooring wire, line, and connecting
equipment of each barge within each tier affected by that operation.
(3) The person who inspects moorings shall take immediate action to
correct each deficiency.
(i) Fleeting facility: Records. The person in charge of a fleeting
facility shall maintain, and make available to the Coast Guard, records
containing the following information:
(1) The time of commencement and termination of each inspection
required in paragraph (h)(2) of this section.
(2) The name of each person who makes the inspection required in
paragraph (h)(2) of this section.
(3) The identification of each barge entering and departing the
fleeting facility, along with the following information:
(i) Date and time of entry and departure; and
(ii) The names of any hazardous cargo which the barge is carrying.
Note: The requirements in paragraph (i)(3) of this section for the
listing of hazardous cargo refer to cargoes regulated by Subchapters D
and O of Chapter I, Title 46, Code of Federal Regulations.
(j) Fleeting facility: Surveillance.
(1) The person in charge of a fleeting facility shall assign a
person to be in continuous surveillance and to observe the barges in the
fleeting facility. Joint use of this person by adjacent facilities may
be considered upon submisssion of a detailed proposal for a waiver to
the COTP.
(2) The person who observes the barges shall:
(i) Inspect for movements that are unusual for properly secured
barges; and
(ii) Take immediate action to correct each deficiency.
(k) Fleeting facility: person in charge. The person in charge of a
fleeting facility shall ensure that each deficiency found under the
requirements of paragraph (h) or (j) of this section is corrected.
(l) Securing breakaways. The person in charge shall take immediate
action to:
(1) Secure each breakaway; and
(2) Report each breakaway as soon as possible to the COTP by
telephone, radio or other means of rapid communication.
(m) High water.
(1) This subsection applies to barges on the Mississippi River
between miles 88 and 240 above Head of Passes when:
(i) The Carrollton gage stands 12 feet or more; or
(ii) The Carrollton gage stands 10 feet, the U.S. Army Corps of
Engineers forecasts the Mississippi River is rising to 12 feet, and the
District Commander
[[Page 715]]
determines these circumstances to be especially hazardous and issues
orders directing that paragraphs (m)(2) and (3) of this section are in
effect.
(2) During high water, the person in charge of a fleeting facility
shall ensure compliance with the following requirements:
(i) Each fleet consisting of eight or more barges must be attended
by at last one radar-equipped towboat for each 100 barges or less. Joint
use of this towboat by adjacent facilities may be considered upon
submission of a detailed proposal for a waiver.
(ii) Each fleet must have two or more towboats in attendance when:
(A) Barges are withdrawn from or moved within the fleet and the
fleet at the start of the operation contains eight or more barges; or
(B) Barges are added to the fleet and the number of barges being
added plus the fleet at the start of the operation total eight or more.
(iii) Each towboat required in paragraphs (m)(2)(i) and (2)(ii) of
this section must be:
(A) Capable of safely withdrawing, moving or adding each barge in
the fleet;
(B) Immediately operational;
(C) Radio-equipped;
(D) Within 500 yards of the barges; and
(iv) The person in charge of each towboat required in paragraphs
(m)(2)(i) and (2)(ii) of this section shall maintain:
(A) A continuous guard on the frequency specified by current Federal
Communications Commission regulations found in Part 83 of Title 47, Code
of Federal Regulations; and
(B) When moored, a continuous watch on the barges in the fleeting
facility.
(v) During periods when visibility is less than 200 yards, the
person in charge of each towboat required in paragraph (m)(2)(i) of this
subsection shall maintain, when moored, a continuous radar surveillance
of the barges moored in the fleeting facility.
(3) During high water when visibility is reduced to less than 200
yards:
(i) Tows may not be assembled or disassembled;
(ii) No barge may be added to, withdrawn from or moved within a
fleet except:
(A) A single barge may be added to or withdrawn from the channelward
or downstream end of the fleet; and
(B) Barges made up in a tow may depart a fleet from the channelward
or downstream end of the fleet; and
(iii) No person in charge of a tow arriving in this regulated
navigation area may moor unless the COTP is notified prior to arrival in
the regulated navigation area.
[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 82-020, 47 FR
35483, Aug. 16, 1982; CGD 79-026, 48 FR 35408, Aug. 4, 1983; CGD 88-075,
54 FR 14958, Apr. 14, 1989; CGD08-94-006, 59 FR 21935, Apr. 28, 1994;
CGD08-94-006, 60 FR 37944, July 25, 1995]
Sec. 165.804 Snake Island, Texas City, Texas; mooring and fleeting
of vessels--safety zone.
(a) The following is a safety zone:
(1) The west and northwest shores of Snake Island;
(2) The Turning Basin west of Snake Island;
(3) The area of Texas City Channel from the north end of the Turning
Basin to a line drawn 000[deg] true from the northwesternmost point of
Snake Island.
(b) Special regulations. All vessels are prohibited from mooring,
anchoring, or otherwise stopping in the safety zone, except in case of
an emergency.
(c) Barges are prohibited from fleeting or grounding in the zone.
(d) In an emergency, vessels shall advise the Captain of the Port,
Houston-Galveston, of the nature of the emergency via the most rapid
means available.
[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by USCG-2000-7223, 65
FR 40058, June 29, 2000]
Sec. 165.805 Calcasieu Channel and Industrial Canal, Calcasieu River,
Lake Charles, LA.
(a) The waters and waterfront facility located within the area
described by the following boundaries constitutes a safety zone:
(1) When a Liquefied Natural Gas (LNG) vessel is moored at Trunkline
LNG facility: Beginning at the west
[[Page 716]]
side property line at position 30[deg]06[min]38[sec] N.,
93[deg]17[min]34[sec] W., a line extending in an eastward direction and
50 feet from shore to a point 50 feet west of mooring dolphin
1; then due south to a line running in an eastward direction
and 50 feet south of the moored LNG vessel to a line running due north
to a point 50 feet east of mooring dolphin 13; and then a line
extending in an eastward direction and 50 feet from shore to the end of
the turning basin.
(2) When an LNG vessel is not moored at the Trunkline LNG facility:
Beginning at the west side property line at position
30[deg]06[min]38[sec] N., 93[deg]17[min]34[sec] W., a line extending in
an eastward direction and 50 feet from shore to a point 50 feet west of
mooring dolphin 1; then a continuous uniform line extending 50
feet outside of all facility docks and structures to a point 50 feet
east of mooring dolphin 13; and then a line extending in an
eastward direction and 50 feet from shore to the end of the turning
basin.
(b) The waters within the following boundaries are a safety zone
while a non-gas free LNG vessel is transiting within the Calcasieu River
ship channel and between buoy ``CC'' and the Trunkline LNG facility: The
area 2 miles ahead, 1 mile astern, and to either side of an LNG vessel
to the width of the ship channel. Meeting, crossing, or overtaking
situations are not permitted within the safety zone unless specifically
authorized by the USCG Captain of the Port.
(c) Notice of transiting LNG vessels will be provided by Broadcast
and/or Local Notice to Mariners.
[CGD 82-10, 47 FR 41957, Sept. 23, 1982, as amended by CGD8 82-10, 50 FR
31592, Aug. 5, 1985; COTP Port Arthur, TX Reg. 90-03, 56 FR 66599, Dec.
24, 1991; USCG-1998-3799, 63 FR 35533, June 30, 1998]
Sec. 165.806 Sabine Neches Waterway, Texas--regulated navigation area.
(a) The following is a regulated navigation area--The Sabine Neches
Waterway which includes the following waters: Sabine Pass Channel, Port
Arthur Canal, Sabine Neches Canal, Neches River, Sabine River and all
navigable waterways tributary thereto.
(b) Unless otherwise authorized by the Captain of the Port, Port
Arthur, Texas, tows on a hawser of 1000 gross tons or greater transiting
the Sabine-Neches Waterway are prohibited unless such tows have a tug of
sufficient horsepower made up to the tow in such a manner as to insure
that complete and effective control is maintained throughout the
transit. Inbound vessels only, may shift the tow or pick up an
additional tug within 100 yards inside the entrance jetties provided
that such action is necessary for reasons of prudent seamanship.
[CGD8-83-09, 49 FR 35500, Sept. 10, 1984]
Sec. 165.807 Calcasieu River, Louisiana--regulated navigation area.
(a) The following is a regulated navigation area--The Calcasieu
River from the Calcasieu jetties up to and including the Port of Lake
Charles.
(b) Unless otherwise authorized by the Captain of the Port, Port
Arthur, Texas, tows on a hawser of 1000 gross tons or greater transiting
the Calcasieu River are prohibited unless such tows have a tug of
sufficient horsepower made up to the tow in such a manner as to insure
that complete and effective control is maintained at all times. Inbound
vessels only, may shift the tow or pick up an additional tug within 100
yards inside the entrance jetties provided that such action is necessary
for reasons for prudent seamanship.
[CGD8-83-09, 49 FR 35500, Sept. 10, 1984]
Sec. 165.808 Corpus Christi Ship Channel, Corpus Christi, TX, safety
zone.
(a) The following areas are established as safety zones during
specified conditions:
(1) For incoming tank vessels loaded with Liquefied Petroleum Gas,
the waters within a 500 yard radius of the LPG carrier while the vessel
transits the Corpus Christi Ship Channel to the LPG receiving facility.
The safety zone remains in effect until the LPG vessel is moored at the
LPG receiving facility.
(2) For outgoing tank vessels loaded with LPG, the waters within a
500 yard radius of the LPG carrier while the vessel departs the LPG
facility and transits the Corpus Christi Ship Channel. The safety zone
remains in effect
[[Page 717]]
until the LPG vessel passes the seaward extremity of the Aransas Pass
Jetties.
(b) The general regulations governing safety zones contained in 33
CFR 165.23 apply.
(c) The Captain of the Port will notify the maritime community of
periods during which this safety zone will be in effect by providing
advance notice of scheduled arrivals and departures of loaded LPG
vessels via a Marine Safety Information Broadcast Notice to Mariners.
[CGD 8-84-07, 50 FR 15744, Apr. 22, 1985; 50 FR 19933, May 13, 1985]
Sec. 165.809 Security Zones; Port of Port Lavaca-Point Comfort, Point
Comfort, TX and Port of Corpus Christi Inner Harbor, Corpus Christi, TX.
(a) Location. The following areas are designated as a security zone:
(1) Port of Port Lavaca-Point Comfort--all waters between the Dredge
Island Bridge at 28[deg]39[min]30[sec] N, 96[deg]34[min]20[sec] W and a
line drawn between points 28[deg]38[min]10[sec] N, 96[deg]33[min]15[sec]
W and 28[deg]38[min]10[sec] N, 96[deg]34[min]45[sec] W including the
Point Comfort turning basin and the adjacent Alcoa Channel. These
coordinates are based upon NAD 1983.
(2) Port of Corpus Christi Inner Harbor--all waters of the Corpus
Christi Inner Harbor from the Inner Harbor Bridge (US HWY 181) to, and
including the Viola Turning Basin.
(b) Regulations. (1) No recreational vessels, passenger vessels, or
commercial fishing vessels may enter these security zones unless
specifically authorized by the Captain of the Port Corpus Christi or his
designated representative.
(2) Recreational vessels, passenger vessels and commercial fishing
vessels requiring entry into these security zones must contact the
Captain of the Port Corpus Christi or his designated representative. The
Captain of the Port may be contacted via VHF Channel 16 or via telephone
at (361) 888-3162 to seek permission to transit the area. If permission
is granted, all persons and vessels must comply with the instructions of
the Captain of the Port, Corpus Christi or his designated
representative.
(3) Designated representatives include U.S. Coast Guard
commissioned, warrant, and petty officers.
(c) Authority. In addition to 33 U.S.C. 1231, the authority for this
section includes 33 U.S.C. 1226.
[COTP Corpus Christi-02-003, 67 FR 64046, Oct. 17, 2002]
Sec. 165.810 Mississippi River, LA-regulated navigation area.
(a) Purpose and applicability. This section prescribes rules for all
vessels operating in the Lower Mississippi River below mile 233.9 above
Head of Passes including South Pass and Southwest Pass, to assist in the
prevention of allisions; collisions and groundings so as to ensure port
safety and protect the navigable waters of the Mississippi River from
environmental harm resulting from those incidents, and to enhance the
safety of passenger vessels moored or anchored in the Mississippi River.
(b) Lower Mississippi River below mile 233.9 above Head of Passes
including South and Southwest Passes:
(1) Supervision. The use, administration, and navigation of the
waterways to which this paragraph applies shall be under the supervision
of the District Commander, Eighth Coast Guard District.
(2) Speed; high-water precautions. When passing another vessel (in
motion, anchored, or tied up), a wharf or other structure, work under
construction, plant engaged in river and harbor improvement, levees
withstanding flood waters, building partially or wholly submerged by
high water, or any other structure liable to damage by collision,
suction or wave action, vessels shall give as much leeway as
circumstances permit and reduce their speed sufficiently to preclude
causing damages to the vessel or structure being passed. Since this
subparagraph pertains directly to the manner in which vessels are
operated, masters of vessels shall be held responsible for strict
observance and full compliance therewith. During high river stages,
floods, or other emergencies, the District Commander may prescribe by
navigation bulletins or other means the limiting speed in land miles per
hour deemed necessary for the public
[[Page 718]]
safety for the entire section or any part of the waterways covered by
this paragraph, and such limiting speed shall be strictly observed.
(3) Towing. Towing in any formation by a vessel with insufficient
power to permit ready maneuverability and safe handling is prohibited.
(c) Movement of vessels in vicinity of Algiers Point, New Orleans
Harbor:
(1) Control lights. When the Mississippi River reaches 8 feet on the
Carrollton Gage on a rising stage, and until the gage reads 9 feet on a
falling stage, the movement of all tugs with tows and all ships, whether
under their own power or in tow, but excluding tugs or towboats without
tows or river craft of comparable size and maneuverability operating
under their own power, in the vicinity of Algiers Point shall be
governed by red and green lights designated and located as follows:
Governor Nicholls Light located on the left descending bank on the wharf
shed at the upstream end of Esplanade Avenue Wharf, New Orleans,
approximately 94.3 miles above Head of Passes; and Gretna Light located
on the right descending bank on top of the levee at the foot of Ocean
Avenue, Gretna, approximately 96.6 miles above Head of Passes. Governor
Nicholls Light has lights visible from both upstream and downstream, and
Gretna Light has lights visible from upstream, all indicating by proper
color the direction of traffic around Algiers Point. From downstream,
Gretna Light always shows green. All lights are visible throughout the
entire width of the river and flash once every second. A green light
displayed ahead of a vessel (in the direction of travel) indicates that
Algiers Point is clear and the vessel may proceed. A red light displayed
ahead of a vessel (in the direction of travel) indicates that Algiers
Point is not clear and the vessel shall not proceed. Absence of lights
shall be considered a danger signal and no attempt shall be made to
navigate through the restricted area.
Note: To provide advance information to downbound vessels whether
the control light at Gretna (Gretna Light) is red or green, a traffic
light is located at Westwego on the right descending bank, on the river
batture at the end of Avenue B, approximately 101.4 miles above Head of
Passes.
(2) Ascending vessels. Ascending vessels shall not proceed farther
up the river than a line connecting the upper end of Atlantic Street
Discharge Light (on right descending bank) with the lower end of Desire
Street Wharf (on left descending bank) when a red light is displayed.
Vessels waiting for a change of signal shall keep clear of descending
vessels.
(3) Descending vessels. (i) Descending vessels shall not proceed
farther down the river than a line connecting the lower end of Julia
Street Wharf (on left descending bank) with the vertical flagpole at
Eastern Associated Terminals (on right descending bank) when a red light
is displayed. Vessels shall round to and be headed upstream before they
reach that line, if the signal remains against the vessel. Vessels
waiting for a change of signal shall keep clear of ascending vessels.
(ii) Vessels destined to a wharf above the lower end of Julia Street
Wharf shall signal the Gretna towerman three long blasts and one short
blast of a whistle or horn to indicate that the vessel is not bound
below the Julia Street Wharf.
(iii) The master, pilot, or authorized representative of any vessel
scheduled to depart from a wharf between Governor Nicholls Light and
Louisiana Avenue, bound downstream around Algiers Point, shall
communicate with the Governor Nicholls Light towerman by telephone to
determine whether the channel at Algiers Point is clear before
departure. When the point is clear, vessels shall then proceed promptly
so that other traffic will not be unnecessarily delayed.
Note: Telephone numbers of both signal towers will be published in
navigation bulletins in advance of each operating period.
(4) Minor changes. The District Commander is authorized to waive
operation or suspension of the lights whenever prospective river stages
make it appear that the operation or suspension will be required for
only a brief period of time or when river stages will rise or fall below
the critical stage which is established for operation or suspension by
only a few tenths on the Carrollton Gage.
(5) Underpowered vessels. When the Carrollton Gage reads 12 feet or
higher,
[[Page 719]]
any vessel which is considered by the master or pilot as being
underpowered or a poor handler shall not navigate around Algiers Point
without the assistance of a tug or tugs.
(6) Towing. When the Carrollton Gage reads 12 feet or higher, towing
on a hawser in a downstream direction between Julia Street and Desire
Street is prohibited except by special permission of the District
Commander.
(d) Navigation of South and Southwest Passes.
(1) No vessel, except small craft and towboats and tugs without
tows, shall enter either South Pass or Southwest Pass from the Gulf
until after any descending vessel which has approached within two and
one-half (2\1/2\) miles of the outer end of the jetties and visible to
the ascending vessel shall have passed to sea.
(2) No vessel having a speed of less than ten mph shall enter South
Pass from the Gulf when the stage of the Mississippi River exceeds 15
feet on the Carrollton Gage at New Orleans. This paragraph does not
apply when Southwest Pass is closed to navigation.
(3) No vessel, except small craft and towboats and tugs without
tows, ascending South Pass shall pass Franks Crossing Light until after
a descending vessel shall have passed Depot Point Light.
(4) No vessel, except small craft and towboats and tugs without
tows, shall enter the channel at the head of South Pass until after an
ascending vessel which has reached Franks Crossing Light shall have
passed through into the river.
(5) When navigating South Pass during periods of darkness no tow
shall consist of more than one towed vessel other than small craft, and
during daylight hours no tow shall consist of more than two towed
vessels other than small craft. Tows may be in any formation. When
towing on a hawser, the hawser shall be as short as practicable to
provide full control at all times.
(6) When towing in Southwest Pass during periods of darkness no tow
shall consist of more than two towed vessels other than small craft, and
during daylight hours no tow shall consist of more than three towed
vessels other than small craft.
(e) Watch requirements for anchored and moored passenger vessels.
(1) Passenger vessels. Except as provided in paragraph (e)(2) of
this section, each passenger vessel with one or more passengers on
board, must--
(i) Keep a continuously manned pilothouse; and
(ii) Monitor river activities and marine VHF, emergency and working
frequencies of the port, so as to be immediately available to take
necessary action to protect the vessel, crew, and passengers if an
emergency radio broadcast, danger signal, or visual or other indication
of a problem is received or detected.
(2) Each ferryboat, and each small passenger vessel to which 46 CFR
175.110 applies, may monitor river activities using a portable radio
from a vantage point other than the pilothouse.
(f) Each self-propelled vessel of 1,600 or more gross tons subject
to 33 CFR part 164 shall also comply with the following:
(1) While under way in the RNA, each vessel must have an engineering
watch capable of monitoring the propulsion system, communicating with
the bridge, and implementing manual-control measures immediately when
necessary. The watch must be physically present in the machinery spaces
or in the machinery-control spaces and must consist of at least a
licensed engineer.
(2) Before embarking a pilot when entering or getting under way in
the RNA, the master of each vessel shall ensure that the vessel is in
compliance with 33 CFR part 164.
(3) The master shall ensure that the chief engineer has certified
that the following additional operating conditions will be satisfied so
long as the vessel is under way within the RNA:
(i) The main propulsion plant is in all respects ready for
operations including the main-propulsion air-start systems, fuel
systems, lubricating systems, cooling systems, and automation systems;
(ii) Cooling, lubricating, and fuel-oil systems are at proper
operating temperatures;
(iii) Main propulsion machinery is available to immediately respond
to
[[Page 720]]
the full range of maneuvering commands any load-limiting programs or
automatic acceleration-limiting programs that would limit the speed of
response to engine orders beyond that needed to prevent immediate damage
to the propulsion machinery are capable of being overridden immediately.
(iv) Main-propulsion standby systems are ready to be immediately
placed in service.
(Sec. 104, Pub. L. 92-340, 86 Stat. 424 (33 U.S.C. 1224); sec. 2, Pub.
L. 95-474, 92 Stat. 1471 (33 U.S.C. 1223); 49 CFR 1.46(n)(4))
[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 78-080, 44
FR 47933, Aug. 16, 1979; CGD 86-049, 51 FR 27840, Aug. 4, 1986.
Redesignated by CGD 90-020, 59 FR 36324, July 15, 1994; CGD 95-033, 60
FR 28333, May 31, 1995; CCGD08-97-020, 62 FR 58653, Oct. 30, 1997;
CCGD08-97-020, 64 FR 18813, Apr. 16, 1999]
Sec. 165.811 Atchafalaya River, Berwick Bay, LA-regulated navigation
area.
(a) The following is a regulated navigation area: the waters of the
Atchafalaya River in Berwick Bay bounded on the northside from 2,000
yards north of the U.S. 90 Highway Bridge and on the southside from
4,000 yards south of the Southern Pacific Railroad (SPRR) Bridge.
(b) Within the regulated navigation area described in paragraph (a)
of this section, Sec. 161.40 of this chapter establishes a VTS Special
Area for waters within a 1000 yard radius of the SPRR Bridge.
(c) When the Morgan City River gauge reads 3.0 feet or above mean
sea level, in addition to the requirements set forth in Sec. 161.13 of
this chapter, the requirements of paragraph (d) and (e) of this section
apply to a towing vessel which will navigate:
(1) under the lift span of the SPRR Bridge; or
(2) through the navigational opening of the U.S. 90 Highway Bridge:
or
(3) through the navigational opening of the Highway 182 Bridge.
(d) Towing requirements. (1) Towing on a hawser is not authorized,
except that one self-propelled vessel may tow one other vessel without
barges upbound;
(2) A towing vessel and barges must be arranged in tandem, except
that one vessel may tow one other vessel alongside;
(3) Length of tow must not exceed 1,180 feet; and
(4) Tows with a box end in the lead must not exceed 400 feet in
length.
Note: The variation in the draft and the beam of the barges in a
multi-barge tow should be minimized in order to avoid unnecessary strain
on coupling wires.
(e) Horsepower Requirement. (1) The following requirements apply to
a towing vessel of 3,000 hp or less:
Table 165.811(e)--Minimum Available Horsepower Requirement
[The greater value listed.]
------------------------------------------------------------------------
Daytime (sunrise to Nighttime (sunset to
Direction of tow sunset) sunrise)
------------------------------------------------------------------------
Upbound................. 400hp or (Length of 600hp or (Length of
tow--300ft) x 3. tow--200ft) x 3.
Downbound............... 600hp or (Length of 600hp or (Length of
tow--200ft) x 3. tow) x 3.
------------------------------------------------------------------------
Note: A 5% variance from the available horsepower is authorized.
(2) All tows carrying cargoes of particular hazard as defined in
Sec. 160.203 of this chapter must have available horsepower of at least
600 hp or three times the length of tow, whichever is greater.
(f) Notice of Requirements. Notice that these rules are anticipated
to be put into effect, or are in effect, will be given by:
(1) Marine information broadcasts;
(2) Notices to mariners;
(3) Vessel Traffic Center advisories or upon vessel information
request; and
(4) Visual displays on top of the SPRR Bridge, consisting of:
(i) Two vertically arranged red balls by day; or
(ii) Two vertically arranged flashing white lights by night.
Note: Visual displays are not shown during precautionary periods
(when the Morgan City River Gauge reads 2.5 feet above mean sea level).
However, precautionary notices will be issued via marine notice to
mariners, notice to mariners, VTC advisories or vessel information
requests, when water level remains at or above 2.5 feet. Visual displays
are Class I, private aids to navigation maintained by SPRR Bridge.
[CGD 90-020, 59 FR 36334, July 15, 1994, as amended by CGD 95-033, 60 FR
28333, May 31, 1995]
[[Page 721]]
Sec. 165.812 Security Zones; Lower Mississippi River, Southwest Pass
Sea Buoy to Mile Marker 96.0, New Orleans, LA.
(a) Location. Within the Lower Mississippi River and Southwest Pass,
moving security zones are established around all cruise ships between
the Southwest Pass Entrance Lighted Buoy ``SW'', at approximate position
28[deg]52[min]42[sec] N, 89[deg]25[min]54[sec] W [NAD 83] and Lower
Mississippi River mile marker 96.0 in New Orleans, Louisiana. These
moving security zones encompass all waters within 500 yards of a cruise
ship. These zones remain in effect during the entire transit of the
vessel and continue while the cruise ship is moored or anchored.
(b) Regulations. (1) Entry of persons and vessels into these zones
is prohibited unless authorized as follows.
(i) Vessels may enter within 500 yards but not closer than 100 feet
of a cruise ship provided they operate at the minimum speed necessary to
maintain a safe course.
(ii) No person or vessel may enter within 100 feet of a cruise ship
unless expressly authorized by the Coast Guard Captain of the Port New
Orleans or his designated representative.
(iii) Moored vessels or vessels anchored in a designated anchorage
area are permitted to remain within 100 feet of a cruise ship while it
is in transit.
(2) Vessels requiring entry within 500 yards of a cruise ship that
cannot slow to the minimum speed necessary to maintain a safe course
must request express permission to proceed from the Captain of the Port
New Orleans or his designated representative.
(3) For the purpose of this rule the term ``cruise ship'' is defined
as a passenger vessel over 100 gross tons, carrying more than 12
passengers for hire, making a voyage lasting more than 24 hours, any
part of which is on the high seas, and for which passengers are embarked
or disembarked in the United States or its territories.
(4) The Captain of the Port New Orleans will inform the public of
the moving security zones around cruise ships via Marine Safety
Information Broadcasts.
(5) To request permission as required by these regulations contact
``New Orleans Traffic'' via VHF Channels 13/67 or via phone at (504)
589-2780 or (504) 589-6261.
(6) All persons and vessels within the moving security zones shall
comply with the instructions of the Captain of the Port New Orleans and
designated on-scene U.S. Coast Guard patrol personnel. On-scene U.S.
Coast Guard patrol personnel include commissioned, warrant, and petty
officers of the U.S. Coast Guard.
(c) Authority. In addition to 33 U.S.C. 1231, the authority for this
section includes 33 U.S.C. 1226.
[COTP New Orleans-02-005, 67 FR 61989, Oct. 3, 2002]
Sec. 165.813 Security Zones; Ports of Houston and Galveston, TX.
(a) Location. Within the Ports of Houston and Galveston, Texas,
moving security zones are established encompassing all waters within 500
yards of a cruise ship between Galveston Bay Approach Lighted Buoy
``GB'', at approximate position 29[deg]21[min]18[sec] N,
94[deg]37[min]36[sec] W [NAD 83] and up to, and including, Barbours Cut.
These zones remain in effect during the inbound and outbound entire
transit of the cruise ship and continues while the cruise ship is moored
or anchored.
(b) Regulations. (1) Entry of vessels or persons into these zones is
prohibited unless authorized as follows.
(i) Vessels may enter within 500 yards but not closer than 100 yards
of a cruise ship provided they operate at the minimum speed necessary to
maintain a safe course.
(ii) No person or vessel may enter within 100 yards of a cruise ship
unless expressly authorized by the Coast Guard Captain of the Port
Houston-Galveston. Where the Houston Ship Channel narrows to 400 feet or
less between Houston Ship Channel Entrance Lighted Bell Buoy ``18'',
light list no. 34385 at approximately 29[deg]21[min]06[sec] N,
94[deg]47[min]00[sec] W [NAD 83] and Barbours Cut, the Captain of the
Port Houston-Galveston may permit vessels that must transit the
navigable channel between these points to enter within 100 yards of a
cruise ship.
(iii) Moored vessels or vessels anchored in a designated anchorage
area are permitted to remain within 100
[[Page 722]]
yards of a cruise ship while it is in transit.
(2) Vessels requiring entry within 500 yards of a cruise ship that
cannot slow to the minimum speed necessary to maintain a safe course
must request express permission to proceed from the Captain of the Port
Houston-Galveston, or his designated representative.
(3) For the purpose of this section the term ``cruise ship'' is
defined as a passenger vessel over 100 gross tons, carrying more than 12
passengers for hire, making a voyage lasting more than 24 hours, any
part of which is on the high seas, and for which passengers are embarked
or disembarked in the United States or its territories.
(4) The Captain of the Port Houston-Galveston will inform the public
of the moving security zones around cruise ships via Marine Safety
Information Broadcasts.
(5) To request permission as required by these regulations contact
``Houston Traffic'' via VHF Channels 11/12 or via phone at (713) 671-
5103.
(6) All persons and vessels within the moving security zone shall
comply with the instructions of the Captain of the Port Houston-
Galveston and designated on-scene U.S. Coast Guard patrol personnel. On-
scene U.S. Coast Guard patrol personnel include commissioned, warrant,
and petty officers of the U.S. Coast Guard.
(c) Authority. In addition to 33 U.S.C. 1231, the authority for this
section includes 33 U.S.C. 1226.
[COTP Houston-Galveston-02-010, 67 FR 64048, Oct. 17, 2002]
Sec. 165.814 Security Zones; Captain of the Port Houston-Galveston Zone.
(a) Location. The following areas are designated as security zones:
(1) Houston, Texas. The Houston Ship Channel and all associated
turning basins, bounded by a line drawn between Houston Ship Channel
Light 132 (LLNR-24445) and Houston Ship Channel Light 133 (LLNR-24450)
west to the T & N Rail Road Swing Bridge at the entrance to Buffalo
Bayou, including all waters adjacent to the ship channel from shoreline
to shoreline and the first 200 yards of connecting waterways.
(2) Morgan's Point, Texas. The Barbours Cut Ship Channel and Turning
Basin containing all waters west of a line drawn between Junction Light
``Barbours Cut'' 29[deg]41[min]12[sec] N, 94[deg]59[min]12[sec] W (LLNR-
23525), and Houston Ship Channel Light 91, 29[deg]41[min]00[sec] N,
94[deg]59[min]00[sec] W (LLNR-23375) (NAD 1983).
(3) Bayport, TX. The Port of Bayport, Bayport Ship Channel and
Bayport Turning Basin containing all waters south of latitude
28[deg]36[min]45[sec] N and west of Bayport Ship Channel Light 9 (LLNR-
23295) (NAD 1983).
(4) Texas City, Texas. The Port of Texas City Channel, Turning Basin
and Industrial Canal containing all waters bounded by the area south and
west of a line drawn from Texas City Channel Light 19 (LLNR 24810)
through Cut B Inner Range Front Light (LLNR 24765) and terminating on
land in position 29[deg]23[min]16[sec] N, 94[deg]53[min]15[sec] W (NAD
1983).
(5) Freeport, Texas. (i) The Dow Barge Canal containing all waters
bounded by its junction with the Intracoastal Waterway, by a line drawn
between the eastern point at latitude 28[deg]56[min]48[sec] N,
95[deg]18[min]20[sec] W, and the western point at 28[deg]56[min]40[sec]
N, 95[deg]18[min]33[sec] W (NAD 1983).
(ii) The Brazos Harbor containing all waters west of a line drawn
between the northern point at 28[deg]56[min]27[sec] N,
95[deg]20[min]00[sec] W, and the southern point 28[deg]56[min]09[sec] N,
95[deg]20[min]00[sec] W (NAD 1983) at its junction with the Old Brazos
River Cut.
(b) Effective dates. This section is effective on April 15, 2003.
(c) Regulations. (1) Entry of into these zones is prohibited except
for the following:
(i) Commercial vessels operating at waterfront facilities within
these zones;
(ii) Commercial vessels transiting directly to or from waterfront
facilities within these zones;
(iii) Vessels providing direct operational/logistic support to
commercial vessels within these zones;
(iv) Vessels operated by the appropriate port authority or by
facilities located within these zones; and
(v) Vessels operated by federal, state, county, or municipal
agencies.
(2) Other persons or vessels requiring entry into a zone described
in this section must request express permission
[[Page 723]]
to enter from the Captain of the Port Houston-Galveston, or designated
representative.
(3) To request permission as required by these regulations contact
``Houston Traffic'' via VHF Channels 11/12 or by phone at (713) 671-
5103.
(4) All persons and vessels shall comply with the instructions of
the Captain of the Port Houston-Galveston and designated on-scene U.S.
Coast Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel
include commissioned, warrant, and petty officers of the U.S. Coast
Guard.
[COTP Houston-Galveston-02-009, 67 FR 23593, May 5, 2003]
Sec. 165.815 Ohio River at Louisville, KY; regulated navigation area.
(a) The following is a regulated navigation area: The waters of the
Ohio River from the Clark Memorial (Highway) Bridge at Mile 603.5,
downstream to McAlpine Dam at Mile 604.4.
(b) The general regulations governing regulated navigation area
contained in 33 CFR part 165, subpart B apply.
(c) No pleasure or fishing craft shall be operated within the
regulated navigation area at any time without prior permission of the
Captain of the Port, Louisville, Kentucky, except in case of emergency
and except for passage through McAlpine Lock.
[CGD 2-89-04, 55 FR 23203, June 7, 1990. Redesignated by CGD 96-026, 61
FR 33669, June 28, 1996]
Sec. 165.817 Arkansas River, Mile 118.2 to 125.4, Little Rock
Arkansas--regulated navigation area.
(a) Location. The following is a regulated navigation area (RNA):
The waters of the Arkansas River between mile 118.2 and mile 125.4.
(b) Regulations. Transit of the RNA is limited during periods of
high velocity flow, defined as the flow rate of 70,000 cubic feet per
second or more at the Murray Lock and Dam at mile 125.4. The flow rate
at this location is calculated by the U.S. Army Corps of Engineers on a
regular and routine basis. This information will be distributed by
announcements by Coast Guard Marine Information Broadcasts, publication
in Coast Guard Local Notice to Mariners, and telephone or radio contact
with the Lockmaster at Murray Lock and Dam.
(c) Transit of the RNA during periods of high velocity flow may only
occur under the following conditions:
(1) Vessels may not meet or pass in the RNA.
(2) No vessel shall anchor, stop, remain or drift without power at
any time in the RNA.
(3) All vessels shall continually monitor VHF-FM channel 13 on their
radiotelephone while in or approaching the RNA.
(4) Prior to entering the RNA, downbound vessels shall make a
broadcast in the blind on VHF-FM channel 13 announcing their estimated
time of departure from Murray Lock and Dam or from the mooring cells at
mile 121.5 to ensure there are no upbound vessels within the RNA. If
there is upbound traffic within the RNA, the downbound vessel shall not
depart until the upbound vessel has passed through the RNA. After
departing, vessels will proceed through the RNA, including all
drawbridges located therein, without delay.
(5) When upbound vessels reach mile 116, they shall make a broadcast
in the blind on VHF-FM channel 13 announcing their estimated arrival
time at the Rock Island Railroad Bridge at mile 118.2.
(6) When a downbound vessel is already in the RNA, an upbound vessel
shall adjust its speed so as to avoid a meeting situation in the RNA.
(d) Refer to 33 CFR 117.123 for drawbridge operation regulations.
[CGD2-90-04, 57 FR 22176, May 27, 1992. Redesignated by CGD 96-026, 61
FR 33669, June 28, 1996]
Sec. 165.820 Security Zone; Ohio River Mile, 34.6 to 35.1, Shippingport,
Pennsylvania.
(a) Location. The following area is a security zone: The waters of
the Ohio River, extending 200 feet from the shoreline of the left
descending bank beginning from mile marker 34.6 and ending at mile
marker 35.1.
(b) Regulations. (1) Entry into or remaining in this zone is
prohibited unless authorized by the Coast Guard Captain of the Port,
Pittsburgh.
[[Page 724]]
(2) Persons and vessels desiring to transit the area of the security
zone may contact the Captain of the Port Pittsburgh at telephone number
412-644-5808 or on VHF channel 16 to seek permission to transit the
area. If permission is granted, all persons and vessels must comply with
the instructions of the Captain of the Port Pittsburgh or his designated
representative.
(c) Authority. In addition to 33 U.S.C. 1231, the authority for this
section includes 33 U.S.C. 1226.
[COTP Pittsburgh-02-005, 67 FR 40163, June 12, 2002]
Sec. 165.821 Ohio River at Cincinnati, OH; regulated navigation area.
(a) Location. The following is a regulated navigation area (RNA)--
The waters of the Ohio River between mile 466.0 and mile 473.0.
(b) Activation. The restrictions in paragraphs (c) (1) through (4)
are in effect from one-half hour before sunset to one-half hour after
sunrise when the Cincinnati, Ohio, Ohio River Gauge is at or above the
45 foot level. The Captain of the Port, Louisville, Kentucky will
publish a notice in the Local Notice to Mariners and will make
announcements by Coast Guard Marine Information Broadcasts whenever the
river level measured at the gauge activates or terminates the navigation
restrictions in this section.
(c) Regulations.
(1) Transit through the RNA by all downbound vessels towing cargoes
regulated by Title 46 Code of Federal Regulations Subchapters D and O
with a tow length exceeding 600 feet excluding the tow boat is
prohibited.
(2) No vessel shall loiter, anchor, stop, remain or drift without
power at any time within the navigation channel of the RNA.
(3) All commercial vessels shall continually monitor VHF-FM channel
13 on their radiotelephone while in or approaching the RNA.
(4) Between Ohio River miles 464.0 and 466.0, downbound vessels
shall make a broadcast in the blind, on VHF-FM channel 13 announcing
their estimated time of entering the RNA.
[CGD02-95-003, 61 FR 2417, Jan. 26, 1996. Redesignated by CGD 97-023, 62
FR 33365, June 19, 1997, as amended by USCG-1998-3799, 63 FR 35533, June
30, 1998]
Sec. 165.825 Security Zones; Captain of the Port St. Louis, Missouri.
(a) Location. The following areas are security zones:
(1) Fort Calhoun Nuclear Power Station Security Zone, Fort Calhoun,
Nebraska--all waters of the Missouri River, extending 75 feet from the
shoreline of the right descending bank beginning from mile marker 645.6
and ending at mile marker 646.0.
(2) Cooper Nuclear Station Security Zone, Brownville, Nebraska--all
waters of the Missouri River, extending 250 feet from the shoreline of
the right descending bank beginning from mile marker 532.5 and ending at
mile marker 532.9.
(3) Quad Cities Generating Station Security Zone, Cordova,
Illinois--all waters of the Upper Mississippi River, extending 300 feet
from the shoreline of the left descending bank beginning from mile
marker 506.3 and ending at mile marker 507.3.
(4) Prairie Island Nuclear Generating Facility Security Zone, Welch,
Minnesota--all waters of the Upper Mississippi River, extending 300 feet
from the shoreline of the right descending bank beginning from mile
marker 798.0 and ending at 798.3.
(5) Clinton Power Station Security Zone, Clinton, Illinois--all
waters of Lake Clinton in Dewitt County in East Central Illinois bounded
by a dam constructed near the confluence of Salt Creek River mile 56 and
the north fork of Salt Creek. The zone extends out 600 feet from shore.
Boundaries of the zone begin at 40[deg]10[min]30[sec] N,
88[deg]50[min]30[sec] W; thence east to 40[deg]10[min]30[sec] N,
88[deg]49[min]55[sec] W; thence south to 40[deg]10[min]15[sec] N,
88[deg]49[min]55[sec] W; thence west to 40[deg]10[min]15[sec] N,
88[deg]50[min]30[sec] W; thence returning north to the origin. These
coordinates are based upon [NAD 83].
(b) Regulations. (1) Entry into these security zones is prohibited
unless authorized by the Coast Guard Captain of the Port, St. Louis or
designated representative.
[[Page 725]]
(2) The Ft. Calhoun and Cooper security zones include a portion of
the navigable channel of the Missouri River. All vessels that may safely
navigate outside of the channel are prohibited from entering the
security zone without the express permission of the Captain of the Port
St. Louis or designated representative. Vessels that are required to use
the channel for safe navigation are authorized entry into the zone but
must remain within the channel unless expressly authorized by the
Captain of the Port St. Louis or designated representative.
(3) Persons or vessels requiring the Captain of the Port St. Louis'
permission to enter the security zones must contact the Coast Guard
Group Upper Mississippi River at telephone number 319 524-7511 or on VHF
marine channel 16 or Marine Safety Detachment Quad Cities at telephone
number 309 782-0627 or the Captain of the Port, St. Louis at telephone
number 314 539-3091, ext. 3500 in order to seek permission to enter the
security zones. If permission is granted, all persons and vessels must
comply with the instructions of the Captain of the Port, St. Louis or
designated representative.
(4) Designated representatives are commissioned, warrant, and petty
officers of the U.S. Coast Guard.
(c) Authority. In addition to 33 U.S.C. 1231, the authority for this
section includes 33 U.S.C. 1226.
[COTP St. Louis-02-005, 67 FR 64043, Oct. 17, 2002]
Sec. 165.830 Regulated Navigation Area; Reporting Requirements for
Barges Loaded with Certain Dangerous Cargoes, Inland Rivers, Eighth
Coast Guard District.
(a) Regulated Navigation Area. The following waters are a regulated
navigation area (RNA): the Mississippi River above mile 235.0, Above
Head of Passes, including all its tributaries; the Atchafalaya River
above mile 55.0, including the Red River; the Ohio River and all its
tributaries; and the Tennessee River from its confluence with the Ohio
River to mile zero on the Mobile River and all other tributaries between
these two rivers.
(b) Applicability. This section applies to towing vessel operators
and fleeting area managers responsible for CDC barges in the RNA. This
section does not apply to:
(1) Towing vessel operators responsible for barges not carrying CDCs
barges, or
(2) Fleet tow boats moving one or more CDC barges within a fleeting
area.
(c) Definitions. As used in this section--
Barge means a non-self propelled vessel engaged in commerce, as set
out in 33 CFR 160.204.
Certain Dangerous Cargo or (CDC) includes any of the following:
(1) Division 1.1 or 1.2 explosives as defined in 49 CFR 173.50.
(2) Division 1.5D blasting agents for which a permit is required
under 49 CFR 176.415 or, for which a permit is required as a condition
of a Research and Special Programs Administration exemption.
(3) Division 2.3 ``poisonous gas'', as listed in 49 CFR 172.101 that
is also a ``material poisonous by inhalation'' as defined in 49 CFR
171.8, and that is in a quantity in excess of 1 metric ton per barge.
(4) Division 5.1 oxidizing materials for which a permit is required
under 49 CFR 176.415 or, for which a permit is required as a condition
of a Research and Special Programs Administration exemption.
(5) A liquid material that has a primary or subsidiary
classification of Division 6.1 ``poisonous material'' as listed in 49
CFR 172.101 that is also a ``material poisonous by inhalation'', as
defined in 49 CFR 171.8 and that is in a bulk packaging, or that is in a
quantity in excess of 20 metric tons per barge when not in a bulk
packaging.
(6) Class 7, ``highway route controlled quantity'' radioactive
material or ``fissile material, controlled shipment'', as defined in 49
CFR 173.403.
(7) Bulk liquefied chlorine gas and bulk liquefied gas cargo that is
flammable and/or toxic and carried under 46 CFR 154.7.
(8) The following bulk liquids--
(i) Acetone cyanohydrin,
(ii) Allyl alcohol,
(iii) Chlorosulfonic acid,
(iv) Crotonaldehyde,
(v) Ethylene chlorohydrin,
[[Page 726]]
(vi) Ethylene dibromide,
(vii) Methacrylonitrile,
(viii) Oleum (fuming sulfuric acid), and
(ix) Propylene oxide.
CDC barge means a barge containing CDCs or CDC residue.
Downbound means the tow is traveling with the current.
Eighth Coast Guard District means the Coast Guard District as set
out in 33 CFR 3.40-1.
Fleeting area means any fleet, including any facility, located
within the area covered by one single port.
Fleet tow boat means any size vessel that is used to move,
transport, or deliver a CDC barge within a fleeting area.
Inland River Vessel Movement Center or (IRVMC) means the Coast Guard
office that is responsible for collecting the information required by
this section.
Towing vessel means any size vessel that is used to move, transport,
or deliver a CDC barge to a fleet or facility that is located in a
different port than where the voyage originated.
Towing vessel operator means the Captain or pilot who is on watch on
board a towing vessel.
Upbound means the tow is traveling against the current.
(d) Regulations. The following must report to the Inland River
Vessel Movement Center (IRVMC):
(1) The towing vessel operator responsible for one or more CDC
barges in the RNA must report all the information items specified in
table 165.830(f), in paragraph (f) of this section, to the IRVMC:
(i) Upon point of entry into the RNA with one or more CDC barges;
(ii) Four hours before originating a voyage within the RNA with one
or more CDC barges, except if the evolution of making up a tow with a
CDC barge will take less than four hours before originating a voyage,
and the towing vessel operator did not receive the order to make up a
tow with a CDC barge in advance of four hours before originating the
voyage with one or more CDC barges, in which case the towing vessel
operator shall submit the required report to the IRVMC as soon as
possible after receiving orders to make up a tow with one or more CDC
barges;
(iii) Upon dropping off one or more CDC barges at a fleeting area or
facility;
(iv) Upon picking up one or more additional CDC barges from a
fleeting area or facility;
(v) At designated reporting points, set forth in paragraph (e) of
this section;
(vi) When the estimated time of arrival (ETA) to a reporting point
varies by 6 hours from the previously reported ETA;
(vii) Any significant deviation from previously reported
information;
(viii) Upon departing the RNA with one or more CDC barges; and
(ix) When directed by the IRVMC.
(2) The fleeting area manager responsible for one or more CDC barges
in the RNA must report all the information items specified in table
165.830(g), in paragraph (g) of this section, to the IRVMC:
(i) Once daily, report all CDC barges within the fleeting area;
(ii) Upon moving one or more CDC barges within a fleeting area by a
fleet tow boat;
(iii) Any significant deviation from previously reported
information; and
(iv) When directed by the IRVMC.
(3) Reports required by this section may be made by a company
representative or dispatcher on behalf of the fleeting area manager.
(4) Reports required by this section must be made to the IRVMC
either by telephone to (866) 442-6089, by fax to (866) 442-6107, or by
e-mail to [email protected]. A reporting form and e-mail link are
available at http://www.uscg.mil/d8/Divs/M/IRVMC.htm.
(5) The general regulations contained in 33 CFR 165.13 apply to this
section.
(e) Eighth Coast Guard District Inland River RNA Reporting points.
Towing vessel operators responsible for one or more CDC barges in the
RNA must make reports to the IRVMC at each point listed in this
paragraph (e):
(1) Lower Mississippi River (LMR), between Mile Markers (M):
(i) M 235.0-240.0 (Entering & Exiting RNA)
(ii) M 338.0-343.0
(iii) M 430.0-435.0
(iv) M 520.0-525.0
(v) M 621.0-626.0
[[Page 727]]
(vi) M 695.0-700.0
(vii) M 772.0-777.0
(viii) M 859.0-864.0
(ix) M 945.0-950.0
(2) Upper Mississippi River (UMR), between Mile Markers (M) and
Departing Lock & Dam (L&D), unless otherwise indicated:
(i) L&D 3
(ii) L&D 4
(iii) L&D 8
(iv) L&D 11
(v) L&D 14
(vi) L&D 18
(vii) L&D 21
(viii) L&D 25
(ix) Arriving Melvin Price L&D (downbound)
(x) Departing Melvin Price L&D (upbound)
(xi) M 150.0-145.0
(xii) M 66.0-61.0
(3) Missouri River (MOR), between Mile Markers (M):
(i) M 54.0-56.0
(ii) M 115.0-117.0
(iii) M 208.0-210.0
(iv) M 326.0-328.0
(v) M 397.0-399.0
(vi) M 487.0-489.0
(vii) M 572.0-574.0
(viii) M 652.0-654.0
(ix) M 745.0-750.0
(4) Illinois River (ILR), at Mile Marker (M) and Lock & Dam (L&D), as
indicated:
(i) M 0.0
(ii) Departing New LaGrange L&D
(iii) M 140.0
(iv) M 187.2 (Entering & Exiting RNA)
(5) Ohio River, between Mile Markers (M) and at Lock & Dam (L&D), as
indicated:
(i) M 950.0-952.0
(ii) Arriving Smithland L&D
(iii) M 826.0-828.0
(iv) M 748.0-750.0
(v) M 673.0-675.0
(vi) M 628.0-630.0
(vii) M 556.0-559.0
(viii) M 511.0-513.0
(ix) Departing Capt Anthony Meldahl L&D
(x) Arriving Greenup L&D (upbound)
(xi) Departing Greenup L&D (downbound)
(xii) Departing Robert C. Byrd L&D (upbound)
(xiii) Arriving Robert C. Bryd L&D (downbound)
(xiv) Departing Belleville L&D
(xv) Departing Hannibal L&D
(xvi) Departing Montgomery L&D
(6) Allegheny River at Lock & Dam (L&D), as indicated:
(i) Departing L&D 4 (upbound)
(ii) Arriving L&D 4 (downbound)
(7) Monongahela River Departing Lock & Dam (L&D):
(i) Grays Landing L&D
(ii) L&D 3
(8) Kanawha River, at Lock & Dam (L&D), as indicated:
(i) Arriving Winfield L&D (upbound)
(ii) Departing Winfield L&D (downbound)
(9) Cumberland River, between Mile Markers (M) and Departing Lock & Dam
(L&D), unless otherwise indicated:
(i) Departing Old Hickory L&D (upbound)
(ii) Arriving Old Hickory L&D (downbound)
(iii) M 127.0-129.0
(iv) Barkley L&D
(10) Tennessee River, between Mile Markers (M) and when Departing Lock &
Dam (L&D), unless otherwise indicated:
(i) Fort Loudon L&D
(ii) Watts Bar L&D
(iii) Departing Chickamauga L&D (upbound)
(iv) Arriving Chickamauga L&D (downbound)
(v) Nickajack L&D
(vi) Gunterville L&D
(vii) General Joe Wheeler L&D
(viii) Pickwick Landing L&D
(ix) M 122.0-124.0
(x) Kentucky L&D
(11) Tennessee-Tombigbee River, between Mile Markers (M) and when
Departing Lock & Dam (L&D):
(i) Lock D
(ii) Aberdeen L&D
(iii) Aliceville L&D
(iv) M 202.0-203.0
(v) Coffeeville L&D
(12) Mobile River, at Mile Marker (M):
(i) 0.0 (Entering & Exiting RNA)
(ii) [Reserved]
(13) Black Warrior River, when Departing L&D:
(i) Holt L&D
(ii) [Reserved]
(14) Alabama River, when Departing L&D:
(i) Claiborne L&D
(ii) Henry L&D
(15) McClellan-Kerr Arkansas River Navigation System, when Departing
Lock & Dam (L&D), unless otherwise indicated:
(i) Chouteau L&D
(ii) W.D. Mayo L&D
(iii) Ozark-Jeta Taylor L&D
(iv) L&D 9
(v) Arriving David D. Terry L&D (upbound)
(vi) Departing David D. Terry L&D (downbound)
(vii) L&D 2
(16) Red River, between Mile Markers (M) and when Departing Lock & Dam
(L&D):
(i) L.C. Boggs L&D
(ii) Lock 3
(iii) M 178.0-180.0
(17) Atchafalaya River, at Mile Marker (M):
(i) 55.0 (Entering & Exiting RNA)
(ii) [Reserved]
(f) Information to be reported to the IRVMC by towing vessel
operators. With the exception noted in paragraph (d)(1)(ii) of this
section, towing vessel operators responsible for one or more
[[Page 728]]
CDC barges in the RNA must report all the information required by this
section as set out in table 165.830(f) of this paragraph.
[[Page 729]]
Table 165.830(f).--Information To Be Reported to the IRVMC by Towing Vessel Operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name and
Estimated location of Estimated
time of destination of time of
24-hour Name of Barge(s) Type, name departure CDC barge arrival
contact vessel name and and amount from (fleeting area Reporting (ETA) to
number moving official of CDC fleeting or facility), point next
barge(s) number onboard area or including reporting
facility estimated time point (If
of arrival applicable)
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Upon point of entry into the RNA X X X X ............ X X X
with a CDC barge....................
(2) 4 hours before to originating a X X X X X X ............ X
voyage within the RNA with one or
more CDC barges; but see exception
in paragraph (d)(1)(ii) of this
section
(3) Upon dropping off one or more CDC ............ X X ............ ............ ............... ............ ............
barges at a fleeting area or
facility
(4) Upon picking up one or more ............ X X X ............ ............... ............ ............
additional CDC barges from a
fleeting area or facility
(5) At designated reporting points in ............ X X (\1\) ............ (\1\) X X
table 165.830(e)....................
(6) When ETA to a reporting point ............ X (\1\) (\1\) ............ ............... ............ X
varies by 6 hours from previously
reported ETA........................
(7) Any significant deviation from X X X X X X X X
previously reported information (all
that apply).........................
(8) Upon departing the RNA with a CDC ............ X X ............ ............ ............... X ............
barge(s)............................
(9) When directed by the IRVMC....... X X X X X X X X
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ If changed.
[[Page 730]]
(g) Information to be reported to the IRVMC by fleeting area
managers. Fleeting area managers responsible for one or more CDC barges
in the RNA must report the information required by this section as set
out in table 165.830(g) of this paragraph.
Table 165.830(g).--Information To Be Reported to the IRVMC by Fleeting Area Managers
----------------------------------------------------------------------------------------------------------------
Type, name and Location of CDC
24-hour contact Barge(s) name and amount of CDC barge (fleeting
number official number onboard area or facility)
----------------------------------------------------------------------------------------------------------------
(1) Once daily, all CDC barges in a X X X X
fleeting area......................
(2) Upon moving one or more CDC ................. X X X
barges within a fleeting area by a
fleet tow boat.....................
(3) Any significant deviation from X X X X
previously reported information
(all that apply)...................
(4) When directed by the IRVMC...... X X X X
----------------------------------------------------------------------------------------------------------------
(h) Alternative reporting. The Eighth Coast Guard District Commander
may consider and approve alternative methods to be used by a reporting
party to meet any reporting requirements if--
(1) the request is submitted in writing to Commander, Eighth Coast
Guard District (m), Hale Boggs Federal Bldg., 501 Magazine Street, New
Orleans, LA 70130; and
(2) the alternative provides an equivalent level of the reporting
that which would be achieved by the Coast Guard with the required check-
in points.
(i) Deviation from this section is prohibited unless specifically
authorized by the Commander, Eighth Coast Guard District or the IRVMC.
(Approved by the Office of Management and Budget under OMB control
number 1625-0105)
[CDG08-03-029, 68 FR 57363, Oct. 3, 2003; 68 FR 63988, Nov. 12, 2003, as
amended at 68 FR 69959, Dec. 16, 2003]
Sec. 165.835 Security Zone; Port of Mobile, Mobile Ship Channel,
Mobile, AL.
(a) Definition. As used in this section--
Cruise Ship means a passenger vessel over 100 gross tons, carrying
more than 12 passengers for hire, making a voyage lasting more than 24
hours any part of which is on the high seas, and for which passengers
are embarked or disembarked in the United States or its territories.
This definition covers passenger vessels that must comply with 33 CFR
parts 120 and 128.
(b) Location. The following areas are security zones: all waters of
the Port of Mobile and Mobile Ship Channel--
(1) Within 100 yards of a cruise ship that is transiting shoreward
of the Mobile Sea Buoy (located in approximate position
28[deg]07[min]50[sec] N, 88[deg]04[min]12[sec] W; NAD 83), and
(2) Within 25 yards of a cruise ship that is moored shoreward of the
Mobile Sea Buoy.
(c) Periods of enforcement. This rule will only be enforced when a
cruise ship is transiting the Mobile Ship Channel shoreward of the
Mobile Sea Buoy, while transiting in the Port of Mobile, or while moored
in the Port of Mobile. The Captain of the Port Mobile or a designated
representative would inform the public through broadcast notice to
mariners of the enforcement periods for the security zone.
(d) Regulations. (1) Under Sec. 165.33 of this part, entry into a
security zone is prohibited unless authorized by the Captain of the Port
Mobile or a designated representative.
(2) While a cruise ship is transiting on the Mobile Ship Channel
shoreward of the Mobile Sea Buoy, and while transiting in the Port of
Mobile, all persons and vessels are prohibited from entering within 100
yards of a cruise ship.
(3) While a cruise ship is moored in the Port of Mobile, all persons
and vessels are prohibited from entering within 25 yards of a cruise
ship.
(4) Persons or vessels that desire to enter into the security zone
for the purpose of passing or overtaking a cruise ship that is in
transit on the Mobile Ship Channel or in the Port of Mobile must contact
the on-scene Coast
[[Page 731]]
Guard representative, request permission to conduct such action, and
receive authorization from the on-scene Coast Guard representative prior
to initiating such action. The on-scene Coast Guard representative may
be contacted on VHF-FM channel 16.
(5) All persons and vessels authorized to enter into this security
zone must obey any direction or order of the Captain of the Port or
designated representative. The Captain of the Port Mobile may be
contacted by telephone at (251) 441-5976. The on-scene Coast Guard
representative may be contacted on VHF-FM channel 16.
(6) All persons and vessels shall comply with the instructions of
the Captain of the Port Mobile and designated on-scene U.S. Coast Guard
patrol personnel. On-scene Coast Guard patrol personnel include
commissioned, warrant, and petty officers of the U.S. Coast Guard.
[COTP Mobile-04-057, 70 FR 20813, Apr. 22, 2005]
Ninth Coast Guard District
Sec. 165.901 Great Lakes--regulated navigation areas.
(a) Lake Huron. The following are regulated navigation areas:
(1) The waters of Lake Huron known as South Channel between Bois
Blanc Island and Cheboygan, Michigan; bounded by a line north from
Cheyboygan Crib Light (LL-1340) at 45[deg]39[min]48[sec] N,
84[deg]27[min]36[sec] W; to Bois Blanc Island at 45[deg]43[min]42[sec]
N, 84[deg]27[min]36[sec] W; and a line north from the mainland at
45[deg]43[min]00[sec] N, 84[deg]35[min]30[sec] W; to the western tangent
of Bois Blanc Island at 45[deg]48[min]42[sec] N, 84[deg]35[min]30[sec]
W.
(2) The waters of Lake Huron between Mackinac Island and St. Ignace,
Michigan, bounded by a line east from position 45[deg]52[min]12[sec] N,
84[deg]43[min]00[sec] W; to Mackinac Island at 45[deg]52[min]12[sec] N,
84[deg]39[min]00[sec] W; and a line east from the mainland at
45[deg]53[min]12[sec] N, 84[deg]43[min]30[sec] W; to the northern
tangent of Mackinac Island at 45[deg]53[min]12[sec] N,
84[deg]38[min]48[sec] W.
(b) Lake Michigan. The following is a regulated navigation area--The
waters of Lake Michigan known as Gray's Reef Passage bounded by a line
from Gray's Reef Light (LL-2006) at 45[deg]46[min]00[sec] N,
85[deg]09[min]12[sec] W; to White Shoals Light (LL-2003) at
45[deg]50[min]30[sec] N, 85[deg]08[min]06[sec] W; to a point at
45[deg]49[min]12[sec] N, 85[deg]04[min]48[sec] W; then to a point at
45[deg]45[min]42[sec] N, 85[deg]08[min]42[sec] W; then to the point of
beginning.
(c) Regulations. The COTP, Sault Ste. Marie, will close and open
these regulated navigation areas as ice conditions dictate. Under normal
seasonal conditions, only one closing each winter and one opening each
spring are anticipated. Prior to the closing or opening of the regulated
navigation areas, the COTP will give interested parties, including both
shipping interests and island residents, not less than 72 hours notice
of the action. No vessel may navigate in a regulated navigation area
which has been closed by the COTP. Under emergency conditions, the COTP
may authorize specific vessels to navigate in a closed regulated
navigation area.
[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 79-026, 48 FR
35408, Aug. 4, 1983]
Sec. 165.902 Niagara River at Niagara Falls, New York--safety zone.
(a) The following is a safety zone--The United States waters of the
Niagara River from the crest of the American and Horseshoe Falls,
Niagara Falls, New York to a line drawn across the Niagara River from
the downstream side of the mouth of Gill Creek to the upstream end of
the breakwater at the mouth of the Welland River.
Sec. 165.903 Safety Zones: Cuyahoga River and Old River, Cleveland, OH.
(a) Location. The waters of the Cuyahoga River and the Old River
extending ten feet into the river at the following eleven locations,
including the adjacent shorelines, are safety zones, coordinates for
which are based on NAD 83.
(1) From the point where the shoreline intersects longitude
81[deg]42[min]24.5[sec] W, which is the southern side of the Norfolk and
Southern No. 1 railroad bridge, southeasterly along the shore for six
hundred (600) feet to the point where the shoreline intersects longitude
81[deg]42[min]24.5[sec] W, which is the Holy Moses Water Taxi Landing at
Fado's Restaurant.
(2) One hundred (100) feet downriver to one hundred (100) feet
upriver from
[[Page 732]]
41 degrees 29[min]53.5[sec] N, 81 degrees 42[min]33.5[sec] W, which is
the knuckle on the north side of the Old River entrance at Ontario
Stone.
(3) Fifty (50) feet downriver to fifty (50) feet upriver from 41
degrees 29[min]48.4[sec] N, 81 degrees 42[min]44[sec] W, which is the
knuckle adjacent to the Ontario Stone warehouse on the south side of the
Old River.
(4) From 41 degrees 29[min]51.1[sec] N, 81 degrees 42[min]32.0[sec]
W, which is the corner of Christie's Cabaret pier at Sycamore Slip on
the Old River, to fifty (50) feet east of 41 degrees 29[min]55.1[sec] N,
81 degrees 42[min]27.6[sec] W, which is the north point of the pier at
Shooter's Restaurant on the Cuyahoga River.
(5) Twenty-five (25) feet downriver to twenty-five (25) feet upriver
of 41 degrees 29[min]48.9[sec] N, 81 degrees 42[min]10.7[sec] W, which
is the knuckle toward the downriver corner of the Nautica Stage.
(6) Ten (10) feet downriver to ten (10) feet upriver of 41 degrees
29[min]45.5[sec] N, 81 degrees 42[min]9.7[sec] W, which is the knuckle
toward the upriver corner of the Nautica Stage.
(7) The fender on the west bank of the river at 41 degrees
29[min]45.2[sec] N, 81 degrees 42.10[sec] W, which is the knuckle at
Bascule Bridge (railroad).
(8) The two hundred seventy (270) foot section on the east bank of
the river between the Columbus Road bridge (41 degrees 29[min]18.8[sec]
N, 81 degrees 42[min]02.3W) downriver to the chain link fence at the
upriver end of the Commodores Club Marina.
(9) Fifty (50) feet downriver of twenty-five (25) feet upriver from
41 degrees 29[min]24.5[sec] N, 81 degrees 41[min]57.2[sec] W, which is
the knuckle at the Upriver Marine fuel pump.
(10) Seventy-five (75) feet downriver to seventy-five (75) feet
upriver from 41 degrees 29[min]33.7[sec] N, 81 degrees 41[min]57.5[sec]
W. which is the knuckle adjacent to the warehouse at Alpha Precast
Products (United Ready Mix).
(11) Fifteen (15) feet downriver to fifteen (15) feet upriver from
41 degrees 29[min]41[sec] N, 81 degrees 41[min]38.6[sec] W, which is the
end of the chain link fence between The Club Mega and Shippers C & D.
(b) Regulations--(1) General Rule. Except as provided below, entry
of any kind or for any purpose into the foregoing zones is strictly
prohibited in accordance with the general regulations in Sec. 165.23 of
this part.
(2) Exceptions. Any vessel may transit, but not moor, stand or
anchor in, the foregoing zones as necessary to comply with the Inland
Navigation Rules or to otherwise facilitate safe navigation. Cargo
vessels of 1600 gross tons (GT) or greater may moor in these zones when
conducting cargo transfer operations.
(3) Waivers. Owners or operators of docks wishing a partial waiver
of these regulations may apply to the Captain of the Port, Cleveland,
Ohio. Partial waivers will only be considered to allow for the mooring
of vessels in a safety zone when vessels of 1600 GT on greater are not
navigating in the proximate area. Any requests for a waiver must include
a plan to ensure immediate removal of any vessels moored in a safety
zone upon the approach of a vessel(s) 1600 GTs or greater.
[COTP Cleveland REG 89-01, 54 FR 9778, Mar. 8, 1989, as amended by CGD
09-95-018, 61 FR 37685, July 19, 1996; USCG-2000-7223, 65 FR 40059, June
29, 2000; USCG-2001-9286, 66 FR 33642, June 25, 2001]
Sec. 165.904 Lake Michigan at Chicago Harbor & Burnham Park
Harbor--Safety and Security Zone.
(a) Location. All waters, waterfront facilities, and shoreline areas
within 1000 yards of the shoreline surrounding Merrill C. Meigs Airfield
constitute a safety and security zone. This includes all waters
including Burnham Park Harbor and the southern part of Chicago Harbor,
Lake Michigan, bounded by the following coordinates:
(1) Northwest point: 41[deg]52[min]33[sec] N, 87[deg]36[min]58[sec]
W
(2) Northeast point: 41[deg]52[min]33[sec] N, 87[deg]35[min]41[sec]
W
(3) Southeast point: 41[deg]50[min]42[sec] N, 87[deg]35[min]41[sec]
W
(4) Southwest point: 41[deg]50[min]42[sec] N, 87[deg]36[min]33[sec]
W
(5) From the southwest point, north along the Lake Michigan
shoreline, including Burnham Park Harbor, to the northwest point.
(b) Effective times and dates. This safety and security zone will be
in effect at various times to be published in the Coast Guard Local
Notice to Mariners or broadcasted via Marine Radio VHF-
[[Page 733]]
FM Channels 16 & 22. These times will include the actual effective time
and date and the termination time and date.
(c) Restrictions. (1) In accordance with the general regulations in
section 165.23 and 165.33 of this part, entry into this zone is
prohibited, unless authorized by the U.S. Coast Guard Captain of the
Port, Chicago, or the U.S. Secret Service. Other general requirements in
Sec. Sec. 165.23 and 165.33 also apply. Further, no person may enter or
remain in the shoreline areas of the established safety and security
zone, unless cleared by a Coast Guard or U.S. Secret Service official.
(2) Vessels in Burnham Park Harbor at the commencement of the safety
and security zone must be moored and remain moored while the safety and
security zone is established, unless authorized to get underway by a
Coast Guard or U.S. Secret Service official.
(3) No person may engage in swimming, snorkeling, or diving within
the established safety and security zone, except with the permission of
the Captain of the Port or U.S. Secret Service.
[CGD09-94-005, 59 FR 45227, Sept. 1, 1994]
Sec. 165.905 USX Superfund Site Safety Zones: St. Louis River.
(a) The following areas of the St. Louis River, within the
designated boxes of latitude and longitude, are safety zones:
(1) Safety Zone 1 (North Spirit Lake):
North Boundary: 46[deg]41[min]33[sec] W
South Boundary: 46[deg]41[min]18[sec] W
East Boundary: 92[deg]11[min]53[sec] W
West Boundary: 92[deg]12[min]11[sec] W
(2) Safety Zone 2 (South Spirit Lake):
North Boundary: 46[deg]40[min]45[sec] N
South Boundary: 46[deg]40[min]33[sec] N
East Boundary: 92[deg]11[min]40[sec] W
West Boundary: 92[deg]12[min]05[sec] W
(b) Transit of vessels through the waters covered by these zones is
prohibited. Swimming (including water skiing or other recreational use
of the water which involves a substantial risk of immersion in the
water) or taking of fish (including all forms of aquatic animals) from
the waters covered by these safety zones is prohibited at all times.
[CGD09-95-026, 60 FR 52862, Oct. 11, 1995]
Sec. 165.906 Lakeside Yacht Club in Cleveland Harbor, Cleveland,
OH--regulated navigation areas.
(a) Restricted Areas. The following are areas inside Cleveland
Harbor which are subject to navigational restrictions based on the
height of vessel masts as specified in paragraph (b) of this section.
For the purpose of this section, the term ``mast'' will be used to
include masts, antennae or any other portion of the vessel extending
above the waterline. All of these areas are inside the ``Lakeside Yacht
Club entrance channel,'' defined as the water area between the Lakeside
Yacht Club jetties and the Burke Lakefront Airport landfill, or inside
the ``Lakeside Yacht Club docks,'' defined as the docking area inside
the Lakeside Yacht Club jetties and immediately adjacent to Lakeside
Yacht Club.
(1) Restricted area no. 1. Restricted area no. 1 is the water area
on the southwest end of the Lakeside Yacht Club entrance channel which
is southwest of a line running 328[deg] T and northwest of a line
running 232[deg] T from a point at 41[deg]31[min]28.00[sec] N,
81[deg]40[min]02.60[sec] W, which point is marked by a fixed flashing
yellow light.
(2) Restricted area no. 2. Restricted area no. 2 is the water area
of the Lakeside Yacht Club entrance channel which is outside restricted
area no. 1 and the entrance to the Yacht Club docking area, and
southwest of a line running 328[deg] T from the intersection of
81[deg]39[min]58.47[sec] W and reference line running between point A at
41[deg]31[min]33.45[sec] N, 81[deg]39[min]47.45[sec] W and point B at
41[deg]31[min]19.67[sec] N, 81[deg]40[min]19.17[sec] W.
(3) Restricted area no. 3. Restricted area no. 3 is the water area
of the Lakeside Yacht Club entrance channel which is outside restricted
area no. 1, and southwest of a line running 328[deg] T from point A at
41[deg]31[min]33.45[sec] N., 81[deg]39[min]47.45[sec] W.
(4) Restricted area no. 4. Restricted area no. 4 is the area inside
the Lakeside Yacht Club docks which is southwest of a line running
328[deg] T from the intersection of 81[deg]39[min]58.47[sec] W and a
reference line running between point A at 41[deg]31[min]33.45[sec] N,
81[deg]39[min]47.45[sec] W and point B at 41[deg]31[min]19.67[sec] N,
81[deg]40[min]19.17[sec] W, and northwest of the same reference line.
[[Page 734]]
(5) Restricted area no. 5. Restricted area no. 5 is the area inside
the Lakeside Yacht Club docks which is outside restricted area 4 and
northwest of a line 183 feet southeast and parallel to a reference line
running between point A at 41[deg]31[min]33.45[sec] N,
81[deg]39[min]47.45[sec] W and point B at 41[deg]31[min]19.67[sec] N,
81[deg]40[min]19.17[sec] W.
(6) Restricted area no. 6. Restricted area no. 6 is the area inside
the Lakeside Yacht Club docks which is outside restricted areas 4 and 5.
(b) Restrictions applicable to vessels of certain heights. Vessels
with masts of certain heights are subject to the following restrictions
with reference to the restricted areas detailed in paragraph (a) of this
section. The height of a vessel is the height above the water line of
masts, antennas, navigational equipment, or any other structure.
(1) Less than 41 feet. Vessels less than 41 feet in height are not
subject to any restrictions under this section.
(2) 41 to 45 feet. Vessels at least 41 feet in height yet less than
45 feet in height may not enter restricted area 1.
(3) 45 to 53 feet. Vessels at least 45 feet in height yet less than
53 feet in height may not enter restricted area 1 and must comply with
the clearance procedures prescribed in paragraph (c) when navigating
through restricted area 2.
(4) 53 to 63 feet. Vessels at least 53 feet in height yet less than
63 feet in height may not enter restricted area 1, must comply with the
clearance procedures prescribed in paragraph (c) of this section when
navigating through restricted area 2, and may not dock in or enter
restricted area 4 at any time.
(5) 63 to 95 feet. Vessels at least 63 feet in height yet less than
95 feet in height may not enter restricted area 1, must comply with the
clearance procedures prescribed in paragraph (c) of this section when
navigating through restricted areas 2 or 3, and may not dock in or enter
restricted areas 4 or 5 at any time.
(6) 95 feet or more. Vessel 95 feet or more in height may not enter
any restricted area, 1 through 6, at any time.
(c) Clearance procedures. Except during the times specified in
paragraph (d), operators of vessels subject to these procedures must do
the following:
(1) Obtain clearance from the Burke Lakefront Air Traffic Control
Tower before navigating through the restricted area(s);
(2) Navigate promptly through the area(s) at a safe and practical
speed. Navigation at a safe and practical speed includes brief stops at
the fueling dock inside restricted area 3 by vessels with masts between
63 and 95 feet in height; and
(3) Promptly inform the Burke Lakefront Air Traffic Control Tower
after clearing the restricted area(s), or of any difficulty preventing
prompt clearance. The Burke Lakefront Air Traffic Control Tower may be
contacted on marine radio channel 14, or by telephone at (216) 781-6411
except as noted during the suspended hours listed in paragraph (d) of
this section. The radio and telephone will be manned when the instrument
guided approach system is being utilized.
(4) Clearance may also be obtained for longer periods or for groups
of vessels when arranged in advance with Burke Lakefront Airport by any
appropriate means of communication, including a prior written agreement.
(d) Enforcement of clearance requirements. The clearance procedures
specified in paragraph (c) of this section will not be enforced during
the following times:
(1) 11:00 p.m. n Fridays to 7:00 a.m. on Saturdays.
(2) 11:00 p.m. on Saturdays to 8:00 a.m. on Sundays.
(3) 12:00 midnight Sunday nights to 7:00 a.m. on Mondays.
(e) Enforcement. This section will not be enforced during any period
in which the Federal Aviation Administration withdraws approval for
operation of an instrument-only approach to runway 24 on the northeast
end of Burke Lakefront Airport.
[CGD09-97-002, 64 FR 8006, Feb. 18, 1999]
Sec. 165.907 Safety Zones: Annual fireworks events in the Captain of
the Port Detroit Zone.
(a) Safety Zones. The following areas are designated safety zones:
(1) Bay-Rama Fishfly Festival, New Baltimore, MI:
[[Page 735]]
(i) Location. All waters off New Baltimore City Park, Lake St.
Clair--Anchor Bay bounded by the arc of a circle with a 300-yard radius
with its center located at approximate position 42[deg]41[min] N,
082[deg]44[min] W (NAD 1983).
(ii) Expected date. One day early in June.
(2) Jefferson Beach Marina Fireworks, St. Clair Shores, MI:
(i) Location. All waters of Lake St. Clair within a 300-yard radius
of the fireworks barge in approximate position 42[deg]32[min] N,
082[deg]51[min] W (NAD 1983), about 1000 yards east of Jefferson Beach
Marina.
(ii) Expected date. One day in the last week of June.
(3) Sigma Gamma Assoc., Grosse Pointe Farms, MI:
(i) Location. The waters off Ford's Cove, Lake St. Clair bounded by
the arc of a circle with a 300-yard radius with its center in
approximate position 42[deg]27[min] N, 082[deg]52[min] W (NAD 1983).
(ii) Expected date. One day in the last week of June.
(4) Lake Erie Metro Park Fireworks:(i) Location. The waters off the
Brownstown Wave Pool area, Lake Erie bounded by the arc of a circle with
a 300-yard radius with its center in approximate position 42[deg]03[min]
N, 083[deg]11[min] W (NAD 1983).
(ii) Expected date. One day in the first week of July.
(5) City of St. Clair Fireworks:
(i) Location. The waters off St. Clair City Park, St. Clair River
bounded by the arc of a circle with a 300-yard radius with its center in
approximate position 42[deg]49[min] N, 082[deg]29[min] W (NAD 1983).
(ii) Expected date. One day in the first week of July.
(6) Oscoda Township Fireworks:
(i) Location. The waters off the DNR Boat Launch at the mouth of the
Ausable River bounded by the arc of a circle with a 300-yard radius with
its center in approximate position 44[deg]19[min] N, 083[deg]25[min] W
(NAD 1983).
(ii) Expected Date. One day in the first week of July.
(7) Port Austin Fireworks:
(i) Location. The waters off the Port Austin Breakwall, Lake Huron
bounded by the arc of a circle with a 300-yard radius with its center in
approximate position 43[deg]03[min] N, 082[deg]40[min] W (NAD 1983).
(ii) Expected Date. One day in the first week of July.
(8) City of Wyandotte Fireworks, Wyandotte, MI:
(i) Location. The waters off the breakwall between Oak & Van Alstyne
St., Detroit River bounded by the arc of a circle with a 300-yard radius
with its center in approximate position 42[deg]12[min] N,
083[deg]09[min]W (NAD 1983).
(ii) Expected date. One day in the first week of July.
(9) Grosse Pointe Farms Fireworks, Grosse Pointe Farms, MI:
(i) Location. All waters of Lake St. Clair within a 300-yard radius
of the fireworks barge in approximate position 42[deg]23[min] N,
082[deg]52[min] W (NAD 1983), about 300 yards east of Grosse Pointe
Farms.
(ii) Expected date. One day in the first week of July.
(10) Caseville Fireworks, Caseville, MI:
(i) Location. The waters off the Caseville breakwall, Saginaw River
bounded by the arc of a circle with a 300-yard radius with its center in
approximate position 43[deg]55[min] N, 083[deg]17[min] W (NAD 1983).
(ii) Expected date. One day in the first week of July.
(11) Algonac Pickerel Tournament Fireworks, Algonac, MI:
(i) Location. All waters of the St. Clair River within a 300-yard
radius of the fireworks barge in approximate position 42[deg]37[min] N,
082[deg]32[min] W (NAD 1983), between Algonac and Russell Island, St.
Clair River--North Channel.
(ii) Expected date. One day in the first week of July.
(12) Port Sanilac Fireworks, Port Sanilac, MI:
(i) Location. The waters off the South Harbor Breakwall, Lake Huron
bounded by the arc of a circle with a 300-yard radius with its center in
approximate position 43[deg]25[min] N, 082[deg]31[min] W (NAD 1983).
(ii) Expected date. One day in the first week of July.
(13) St. Clair Shores Fireworks, St. Clair Shores, MI:
(i) Location. All waters of Lake St. Clair within a 300-yard radius
of the fireworks barge in approximate position 42[deg]32[min] N,
082[deg]51[min] W (NAD 1983), about 1000 yards east of Veterans Memorial
Park (off Masonic Rd.), St. Clair Shores.
[[Page 736]]
(ii) Expected date. One day in the first week of July.
(14) Port Huron 4th of July Fireworks, Port Huron, MI:
(i) Location. All waters of the Black River within a 300-yard radius
of the fireworks barge in approximate position 42[deg]58[min] N,
082[deg]25[min] W (NAD 1983), about 300 yards east of 223 Huron Ave.,
Black River.
(ii) Expected date. One day in the first week of July.
(15) Grosse Pointe Yacht Club 4th of July Fireworks, Grosse Pointe
Shores, MI:
(i) Location. All waters of Lake St. Clair within a 300-yard radius
of the fireworks barge in approximate position 42[deg]25[min] N,
082[deg]52[min] W (NAD 1983), about 400 yards east of the Grosse Pointe
Yacht Club seawall, Lake St. Clair.
(ii) Expected date. One day in the first week of July.
(16) Lexington Independence Festival Fireworks, Lexington, MI:
(i) Location. All waters of Lake Huron within a 300-yard radius of
the fireworks barge in approximate position 43[deg]13[min] N,
082[deg]30[min] W (NAD 1983), about 300 yards east of the Lexington
breakwall, Lake Huron.
(ii) Expected date. One day in the first week of July.
(17) City of Ecorse Water Festival Fireworks, Ecorse, MI:
(i) Location. All waters of the Ecorse Channel within a 300-yard
radius of the fireworks barge in approximate position 42[deg]14[min] N,
083[deg]09[min] W (NAD 1983), at the northern end of Mud Island, Ecorse.
(ii) Expected date. One day in the first week of July.
(18) Grosse Ile Yacht Club Fireworks:
(i) Location. The waters off the Grosse Ile Yacht Club Deck, Detroit
River bounded by the arc of a circle with a 300-yard radius with its
center approximately located at latitude 42[deg]05[min] N,
083[deg]09[min] W (NAD 1983).
(ii) Expected date. One day in the first week of July.
(19) Trenton Fireworks Display, Trenton, MI:
(i) Location. All waters of the Trenton Channel within a 300-yard
radius of the fireworks barge in approximate position 42[deg]09[min] N,
083[deg]10[min] W (NAD 1983), about 200 yards east of Trenton, in the
Trenton Channel.
(ii) Expected date. One day in the first week of July.
(20) Belle Maer Harbor 4th of July Fireworks, Harrison Township, MI:
(i) Location. All waters of Lake St. Clair within a 300-yard radius
of the fireworks barge in approximate position 42[deg]36[min] N,
082[deg]47[min] W (NAD 1983), about 400 yards east of Belle Maer Harbor,
Lake St. Clair--Anchor Bay.
(ii) Expected date. One day in the first week of July.
(21) Tawas City 4th of July Fireworks, Tawas, MI:
(i) Location. The waters off the Tawas City Pier, Lake Huron bounded
by the arc of a circle with a 300-yard radius with its center in
approximate position 44[deg]13[min] N, 083[deg]30[min] W (NAD 1983).
(ii) Expected date. One day in the first week of July.
(22) Maritime Day Fireworks, Marine City, MI:
(i) Location. All waters of the St. Clair River within a 300-yard
radius of the fireworks barge in approximate position 42[deg]43[min] N,
082[deg]29[min] W (NAD 1983), about 500 yards east of Marine City, St.
Clair River.
(ii) Expected date. One day in the second weekend of August.
(23) Venetian Festival Boat Parade & Fireworks, St. Clair Shores,
MI:
(i) Location. All waters of Lake St. Clair within a 300-yard radius
of the fireworks barge in approximate position 42[deg]28[min] N,
082[deg]52[min] W (NAD 1983), about 600 yards off Jefferson Beach
Marina, Lake St. Clair.
(ii) Expected date. One day in the second weekend of August.
(b) Regulations.
(1) The general regulations contained in 33 CFR 165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on scene patrol
personnel. Coast Guard patrol personnel include commissioned, warrant,
and petty officers of the U.S. Coast Guard. Upon being hailed by a U.S.
Coast Guard vessel via siren, radio, flashing light, or other means, the
operator shall proceed as directed.
(3) The safety zones in this regulation are outside navigation
channels and will not adversely affect shipping. In cases where shipping
is affected,
[[Page 737]]
commercial vessels may request permission from the Captain of the Port
Detroit to transit the safety zone. Approval will be made on a case-by-
case basis. Requests must be made in advance and approved by the Captain
of the Port before transits will be authorized. The Captain of the Port
may be contacted via U.S. Coast Guard Group Detroit on Channel 16, VHF-
FM.
(c) Effective period. The Captain of the Port Detroit will publish a
Notice of Implementation in the Federal Register as well as in the Ninth
Coast Guard District Local Notice to Mariners the dates and times this
section is in effect.
[CGD09-01-002, 66 FR 27869, May 21, 2001]
Sec. 165.909 Safety Zones; Annual fireworks events in the Captain of
the Port Milwaukee Zone.
(a) Safety zones. The following areas are designated safety zones:
(1) Pridefest Fireworks--Milwaukee, WI.
(i) Location. All waters off of Henry W. Maier Festival Park Harbor
Island, outer Milwaukee Harbor from the point of origin at
43[deg]02.209[min] N, 087[deg]53.714[min] W; southeast to
43[deg]02.117[min] N, 087[deg]53.417[min] W; then south to
43[deg]01.767[min] N, 087[deg]53.417[min] W; then southwest to
43[deg]01.555[min] N, 087[deg]53.772[min] W; then north following the
shoreline back to the point of origin (NAD 83). The Harbor Island Lagoon
Area is encompassed by this safety zone.
(ii) Expected date and time. Second week in June; sunset to
termination of display.
(2) Summerfest Fireworks--Milwaukee, WI.
(i) Location. All waters off of Henry W. Maier Festival Park Harbor
Island, outer Milwaukee Harbor encompassed by a line drawn from the
point of origin at 43[deg]02.209[min] N, 087[deg]53.714[min] W; then
southeast to 43[deg]02.117[min] N, 087[deg]53.417[min] W; then south to
43[deg]01.767[min] N, 087[deg]53.417[min] W; then southwest to
43[deg]01.555[min] N, 087[deg]53.772[min] W; then north following the
shoreline back to the point of origin (NAD 83). The Harbor Island Lagoon
Area is encompassed by this safety zone.
(ii) Expected date and time. Last week in June; sunset to
termination of display.
(3) Summerfest Hole-in-One Shoot/Stunt Shows.
(i) Location. All waters of the Harbor Island Lagoon, outer
Milwaukee Harbor from the point of origin at 43[deg]02.50[min] N,
087[deg]53.78[min] W then west to 43[deg]02.50[min] N,
087[deg]53.85[min] W; then following the shoreline of the Henry W. Maier
Festival Park and Harbor Island back to the point of origin. All
geographic coordinates are North American Datum of 1983 (NAD 83).
(ii) Expected date and time. Last week in June through the first two
weeks in July; 11:30 a.m. to 9:15 p.m.
(4) Festa Italiana Fireworks--Milwaukee, WI.
(i) Location. All waters off of Henry W. Maier Festival Park Harbor
Island, outer Milwaukee Harbor from the point of origin at
43[deg]02.209[min] N, 087[deg]53.714[min] W; then southeast to
43[deg]02.117[min] N, 087[deg]53.417[min] W; then south to
43[deg]01.767[min] N, 087[deg]53.417[min] W; then southwest to
43[deg]01.555[min] N, 087[deg]53.772[min] W; then north following the
shoreline back to the point of origin (NAD 83). The Harbor Island Lagoon
Area is also included in this safety zone.
(ii) Expected date and time. Third week in July; sunset to
termination of display.
(5) Germanfest Fireworks--Milwaukee, WI.
(i) Location. All waters off of Henry W. Maier Festival Park Harbor
Island, outer Milwaukee Harbor from the point of origin at
43[deg]02.209[min] N, 087[deg]53.714[min] W; then southeast to
43[deg]02.117[min] N, 087[deg]53.417[min] W; then south to
43[deg]01.767[min] N, 087[deg]53.417[min] W; southwest to
43[deg]01.555[min] N, 087[deg]53.772[min] W; then north following the
shoreline back to the point of origin (NAD 83). The Harbor Island Lagoon
Area is encompassed by this safety zone.
(ii) Expected date and time. Last week in July; sunset to
termination of display.
(6) African World Festival--Milwaukee, WI.
(i) Location. All waters off of Henry W. Maier Festival Park Harbor
Island, outer Milwaukee Harbor from the point of origin at
43[deg]02.209[min] N, 087[deg]53.714[min] W; then southeast to
43[deg]02.117[min] N, 087[deg]53.417[min] W; then south to
43[deg]01.767[min] N, 087[deg]53.417[min] W; then southwest to
43[deg]01.555[min] N, 087[deg]53.772[min] W; then north following the
shoreline back to the point of origin
[[Page 738]]
(NAD 83). The Harbor Island Lagoon Area is encompassed by this safety
zone.
(ii) Expected date and time. First week in August; sunset to
termination of display.
(7) Irishfest Fireworks--Milwaukee, WI.
(i) Location. All waters off of Henry W. Maier Festival Park Harbor
Island, outer Milwaukee Harbor from the point of origin at
43[deg]02.209[min] N, 087[deg]53.714[min] W; then southeast to
43[deg]02.117[min] N, 087[deg]53.417[min] W; then south to
43[deg]01.767[min] N, 087[deg]53.417[min] W; then southwest to
43[deg]01.555[min] N, 087[deg]53.772[min] W; then north following the
shoreline back to the point of origin (NAD 83). The Harbor Island Lagoon
Area is encompassed by this safety zone.
(ii) Expected date and time. Third week in August; sunset to
termination of display.
(8) Mexican Fiesta Fireworks--Milwaukee, WI.
(i) Location. All waters off of Henry W. Maier Festival Park Harbor
Island, outer Milwaukee Harbor from the point of origin at
43[deg]02.209[min] N, 087[deg]53.714[min] W; then southeast to
43[deg]02.117[min] N, 087[deg]53.417[min] W; then south to
43[deg]01.767[min] N, 087[deg]53.417[min] W; then southwest to
43[deg]01.555[min] N, 087[deg]53.772[min] W; then north following the
shoreline back to the point of origin (NAD 83). The Harbor Island Lagoon
Area is encompassed by this safety zone.
(ii) Expected date and time. Last Week in August; sunset to
termination of display.
(9) Indian Summer Fireworks--Milwaukee, WI.
(i) Location. All waters off of Henry W. Maier Festival Park Harbor
Island, outer Milwaukee Harbor from the point of origin at
43[deg]02.209[min] N, 087[deg]53.714[min] W; then southeast to
43[deg]02.117[min] N, 087[deg]53.417[min] W; then south to
43[deg]01.767[min] N, 087[deg]53.417[min] W; then southwest to
43[deg]01.555[min] N, 087[deg]53.772[min] W; then north following the
shoreline back to the point of origin (NAD 83). The Harbor Island Lagoon
Area is encompassed by this safety zone.
(ii) Expected date and time. First week in September; sunset to
termination of display.
(10) Arabianfest Fireworks--Milwaukee, WI.
(i) Location. All waters off of Henry W. Maier Festival Park Harbor
Island, outer Milwaukee Harbor from the point of origin at
43[deg]02.209[min] N, 087[deg]53.714[min] W; then southeast to
43[deg]02.117[min] N, 087[deg]53.417[min] W; then south to
43[deg]01.767[min] N, 087[deg]53.417[min] W; then southwest to
43[deg]01.555[min] N, 087[deg]53.772[min] W; then north following the
shoreline back to the point of origin (NAD 83). The Harbor Island Lagoon
Area is encompassed by this safety zone.
(ii) Expected date and time. Second Week in September; sunset to
termination of display.
(11) St. Patrick's Day Fireworks--Manitowoc.
(i) Location. All waters and adjacent shoreline across from the
World War II U.S. Cobia submarine, Manitowoc River encompassed by the
arc of a circle with a 70-foot radius with its center in approximate
position 44[deg]05.30[min] N, 087[deg]39.15[min] W (NAD 1983).
(ii) Expected date and time. Third week in March; sunset to
termination of display.
(12) Rockets for Schools--Sheboygan, WI.
(i) Location. All waters and adjacent shoreline around the south
breakwall area, Lake Michigan encompassed by the arc of a circle with a
1260-foot radius with its center in the approximate position
43[deg]44.56[min] N, 087[deg]42.06[min] W (NAD 1983). This zone will
encompass the entrance to Sheboygan Harbor and will result in its
closure while the safety zone is in effect.
(ii) Expected date and time. Second weekend in May; sunset to
termination of display.
(13) City of Sheboygan Fourth of July Fireworks.
(i) Location. All waters and adjacent shoreline of Lake Michigan
encompassed by the arc of a circle with an 840-foot radius with its
center in the approximate position 43[deg]44.48[min] N,
087[deg]42.14[min] W (NAD 1983). This zone will encompass the entrance
to Sheboygan Harbor and will result in its closure while the safety zone
is in effect.
(ii) Expected date and time. First week in July; sunset to
termination of display.
(14) City of Kenosha Fourth of July Fireworks.
[[Page 739]]
(i) Location. All waters and adjacent shoreline around the South
Pier Light area, Lake Michigan encompassed by the arc of a circle with
an 840-foot radius with its center in approximate position
42[deg]35.17[min] N, 087[deg]48.33[min] W (NAD 1983). This safety zone
will encompass the entrance to Kenosha Harbor and will result in its
closure while the safety zone is in effect.
(ii) Expected date and time. First week in July; sunset to
termination of display.
(15) U.S. Bank (Firstar) Fireworks--Milwaukee, WI.
(i) Location. All waters and adjacent shoreline south of Juneau
Park, outer Milwaukee Harbor encompassed by the arc of a circle with an
840-foot radius of the fireworks barge in approximate position
43[deg]02.23[min] N, 087[deg]53.30[min] W (NAD 1983).
(ii) Expected date and time. First week in July; sunset to
termination of display.
(16) Marinettefest Fireworks.
(i) Location. All waters between the U.S. 41 Interstate Bridge (mile
marker 1.88) and the NEW Hydro Inc. Dam (mile marker 2.45) on the
Menominee River. This safety zone includes all adjacent shoreline
between the bridge and the dam.
(ii) Expected date and time. First week in July; sunset to
termination of display.
(17) Riversplash Fireworks-Milwaukee, WI.
(i) Location. All waters and adjacent shoreline east of Pere
Marquette Park, Milwaukee River encompassed by the arc of a circle with
a 210-foot radius of the fireworks barge in approximate position
43[deg]02.33[min] N, 087[deg]54.46[min] W (NAD 1983). (This safety zone
will temporarily close down the Milwaukee River.)
(ii) Expected date and time. First week in June; sunset to
termination of display.
(18) Manitowoc Municipal Fourth of July Fireworks.
(i) Primary location. All waters and adjacent shoreline east of the
Manitowoc Yacht Club, Lake Michigan encompassed by the arc of a circle
with an 840-foot radius of the fireworks barge in approximate position
44[deg]06.05[min] N, 087[deg]38.37[min] W (NAD 1983).
(ii) Alternate location. All waters and the adjacent shoreline
encompassed by the arc of a circle with a 420-foot radius of the
fireworks barge with its center in approximate position
44[deg]05.33[min] N, 087[deg]39.00[min] W (NAD 1983). If display is
moved to secondary site, it will temporarily close entrance to Manitowoc
Harbor.
(iii) Expected date and time. First week in July; sunset to
termination of display.
(19) Fourthfest of Greater Racine.
(i) Primary location. All waters and adjacent shoreline around the
north breakwall, Lake Michigan encompassed by the arc of a circle with a
560-foot radius with its center in approximate position
42[deg]44.14[min] N, 087[deg]46.30[min] W (NAD 1983).
(ii) Alternate location. All waters and adjacent shoreline
encompassed by the arc of a circle with a 560-foot radius with its
center in approximate position 42[deg]44.21[min] N, 087[deg]46.45[min] W
(NAD 1983) (on the beach north of the northern breakwall).
(iii) Expected date and time. First week in July; sunset to
termination of display.
(20) Celebrate Amerifest--Green Bay, WI.
(i) Location. All waters and adjacent shoreline between the Green
Bay & Western Railroad Bridge (mile marker 1.03) and the Mason St.
Bridge (mile marker 3.52) on the Fox River. This safety will temporarily
close the Fox River. (This safety zone does not encompass the water of
the East River.)
(ii) Expected date and time. First week in July; 2 p.m. to 11 p.m.
(21) South Shore Frolics Fireworks--Milwaukee, WI.
(i) Location. All waters and adjacent shoreline east of South Shore
Park, Milwaukee Harbor encompassed by the arc of a circle with a 280-
foot radius with its center in approximate position 42[deg]59.43[min] N,
087[deg]52.54[min] W (NAD 1983).
(ii) Expected date and time. Second week in July; sunset to
termination of display.
(22) Kewaunee Annual Trout Festival.
(i) Location. All waters and adjacent shoreline around the south
breakwall area, Lake Michigan encompassed by the arc of a circle with a
560-foot radius with its center in approximate position
[[Page 740]]
44[deg]27.30[min] N, 087[deg]29.46[min] W (NAD 1983). This safety zone
will temporarily close the entrance to Kewaunee Harbor.
(ii) Expected time and date. Third weekend in July; sunset to
termination of display.
(23) Port Washington Fish Days Fireworks.
(i) Location. All waters and adjacent shoreline around the Wisconsin
Electric Coal Dock, Lake Michigan encompassed by the arc of a circle
with an 840-foot radius with its center in approximate position
43[deg]23.07[min] N, 087[deg]51.55[min] W (NAD 1983). This safety zone
will temporarily close the entrance to Port Washington Harbor.
(ii) Expected date and time. Third week in July; sunset to
termination of display.
(24) Menominee Waterfront Festival.
(i) Location. All waters and adjacent shoreline off the southeast
side of the Menominee Municipal Marina, Lake Michigan encompassed by the
arc of a circle with an 840-foot radius of the fireworks launch platform
with its center in approximate position 45[deg]20.05[min] N,
087[deg]36.49[min] W (NAD 1983).
(ii) Expected date and time. The Saturday following the first
Thursday in August; sunset to termination of display.
(25) Sturgeon Bay Venetian Night Fireworks.
(i) Location. All waters and adjacent shoreline off the Sturgeon Bay
Yacht Club, Sturgeon Bay Canal encompassed by the arc of a circle with a
350-foot radius of the fireworks launch platform with its center in
approximate position 44[deg]49.33[min] N, 087[deg]23.27[min] W (NAD
1983). This safety zone will temporarily close down the Sturgeon Bay
Canal.
(ii) Expected date and time. First weekend in August; 10 a.m. to
termination of fireworks display.
(26) Algoma Shanty Days Fireworks.
(i) Primary location. All waters and adjacent shoreline around the
south breakwall area, Lake Michigan encompassed by the arc of a circle
with a 560-foot radius with its center in approximate position
44[deg]36.22[min] N, 087[deg]25.55[min] W (NAD 1893) forming the primary
site.
(ii) Alternate location. All waters and adjacent shoreline
encompassed by the arc of a circle with a 560-foot radius with its
center in approximate position 44[deg]36.28[min] N, 087[deg]25.54[min] W
(NAD 1983). If display is moved to secondary site, it will temporarily
close entrance to Algoma Harbor.
(iii) Expected time and date. Second week in August; sunset to
termination of display.
(27) Sister Bay MarinaFest--Sister Bay.
(i) Location. All waters and adjacent shoreline off the town of
Sister Bay, Lake Michigan encompassed by the arc of a circle with a 560-
foot radius of the fireworks launch platform with its center in
approximate position 45[deg]10.60[min] N, 087[deg]06.60[min] W (NAD
1983).
(ii) Expected date and time. First week in September; sunset to
termination of display.
(28) Milwaukee River Challenge--Milwaukee, WI.
(i) Location. All waters and adjacent shoreline between the Humboldt
Ave. Bridge (mile marker 3.22) and E. Chicago St. (mile marker 1.08) on
the Milwaukee River. This safety zone will temporarily close the
Milwaukee River for crew boat races.
(ii) Expected date and time. Third week in September; 10 a.m. to 5
p.m.
(29) Sheboygan South High School Homecoming Fireworks.
(i) Location. All waters and adjacent shoreline around the south
breakwall area, Lake Michigan encompassed by the arc of a circle with a
420-foot radius with its center in approximate position
43[deg]44.57[min] N, 087[deg]42.13[min] W (NAD 1983). This safety zone
will temporarily close the entrance to Sheboygan Harbor.
(ii) Expected date and time. One day in the first two weeks in
October; sunset to termination of display.
(b) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on scene patrol
personnel. Coast Guard patrol personnel include commissioned, warrant,
and petty officers of the U.S. Coast Guard. Upon being hailed by a U.S.
Coast Guard vessel via siren, radio, flashing light, or other means, the
operator shall proceed as directed.
(3) The safety zones in this regulation are outside navigation
channels and will not adversely affect shipping. In cases where shipping
is affected,
[[Page 741]]
commercial vessels may request permission from the Captain of the Port
Milwaukee to transit the safety zone. Approval will be made on a case-
by-case basis. Requests must be made in advance and approved by the
Captain of the Port before transits will be authorized. The Captain of
the Port may be contacted via U.S. Coast Guard Group Milwaukee on
Channel 16, VHF-FM.
(c) Enforcement period. The Captain of the Port Milwaukee will
publish at least 10 days in advance a Notice in the Federal Register as
well as in the Ninth Coast Guard District Local Notice to Mariners the
dates and times this section will be enforced.
[CGD09-02-003, 67 FR 44560, July 3, 2002]
Sec. 165.910 Security Zones; Captain of the Port Chicago, Zone,
Lake Michigan.
(a) Security zones. The following areas, defined by coordinates
based upon North American Datum 1983, are security zones:
(1) Navy Pier Northside. (i) Location. All waters between the Navy
Pier and the Jardine Water Filtration Plant shoreward of a line drawn
from the southeast corner of the Jardine Water Filtration Plant at
41[deg]53[min]36[sec] N, 87[deg]36[min]10[sec] W, to the northeast
corner of the Navy Pier at 41[deg]53[min]32[sec] N,
87[deg]35[min]55[sec] W; then following the Navy Pier, seawall, and
Jardine Water Filtration Plant back to the beginning.
(ii) Regulations. The Captain of the Port Chicago will normally
permit those U.S. Coast Guard certificated passenger vessels that
normally load and unload passengers at Navy Pier to operate in the zone.
However, should the Captain of the Port Chicago determine it is
appropriate, he will require even those U.S. Coast Guard certificated
passenger vessels which normally load and unload passengers at Navy Pier
to request permission before leaving or entering the security zones. The
Captain of the Port Chicago will notify these vessels via Broadcast
Notice to Mariners if they must notify the Coast Guard before entering
or transiting the security zone. As such, vessels that regularly operate
within this zone are responsible for monitoring Broadcasts Notice to
Mariners for the Chicago area. These broadcasts will be made by U.S.
Coast Guard Group Milwaukee.
(2) Dresden Nuclear Power Plant. All waters of the Illinois River in
the vicinity of Dresden Nuclear Power Plant encompassed by a line
starting on the shoreline at 41[deg]23[min]45[sec] N,
88[deg]16[min]18[sec] W; then east to the shoreline at
41[deg]23[min]39[sec] N, 88[deg]16[min]09[sec] W; then following along
the shoreline back to the beginning.
(3) Donald C. Cook Nuclear Power Plant. All waters of Lake Michigan
around the Donald C. Cook Nuclear Power Plant encompassed by a line
starting on the shoreline at 41[deg]58.656[min] N, 86[deg]33.972[min] W;
then northwest to 41[deg]58.769[min] N, 86[deg]34.525[min] W; then
southwest to 41[deg]58.589[min] N, 86[deg]34.591[min] W; then southeast
to the shoreline at 41[deg]58.476[min] N, 86[deg]34.038[min] W; and
following along the shoreline back to the beginning.
(4) Palisades Nuclear Power Plant. All waters of Lake Michigan
around the Palisades Nuclear Power Plant within a line starting on the
shoreline at 42[deg]19[min]07[sec] N, 86[deg]19[min]05[sec] W; then
northwest to 42[deg]19[min]22[sec] N, 86[deg]19[min]54[sec] W; then
north to 42[deg]19[min]44[sec] N, 86[deg]19[min]43[sec] W; then
southeast back to the shoreline at 42[deg]19[min]31[sec] N,
86[deg]18[min]50[sec] W; then following along the shoreline back to the
beginning.
(5) Hammond Intake Crib. All navigable waters bounded by the arc of
a circle with a 100-yard radius with its center in approximate position
41[deg]42[min]15[sec] N, 087[deg]29[min]49[sec] W (NAD 83).
(6) Zion Nuclear Power Plant. All waters of Lake Michigan
encompassed by a line starting on the shoreline at 42[deg]26[min]36[sec]
N, 87[deg]48[min]03[sec] W; then southeast to 42[deg]26[min]20[sec] N,
87[deg]47[min]35[sec] W; then northeast to 42[deg]26[min]53[sec] N,
87[deg]47[min]22[sec] W; then northwest to the shoreline at
42[deg]27[min]06[sec] N, 87[deg]48[min]00[sec] W; then following along
the shoreline back to the beginning.
(7) 68th Street Water Intake Crib. All waters of Lake Michigan
within the arc of a circle with a 100-yard radius of the 68th Street
Crib with its center in approximate position 41[deg]47[min]10[sec] N,
87[deg]31[min]51[sec] W.
(8) Dever Water Intake Crib. All waters of Lake Michigan within the
arc of a circle with a 100-yard radius of the Dever Crib with its center
in approximate position 41[deg]54[min]55[sec] N, 87[deg]33[min]20[sec]
W.
(9) 79th Street Water Intake Crib. All waters of Lake Michigan
within the arc of a circle with a 100-yard radius of the
[[Page 742]]
79th Street Water Filtration Plant with its center in the approximate
position 41[deg]45[min]30[sec] N, 87[deg]32[min]32[sec] W.
(b) Regulations. (1) Under Sec. 165.33, entry into these zones is
prohibited unless authorized by the Coast Guard Captain of the Port
Chicago. Section 165.33 also contains other general requirements.
(2) All persons and vessels shall comply with the instruction of the
Captain of the Port Chicago or the designated on-scene U.S. Coast Guard
patrol personnel. On-scene patrol personnel include commissioned,
warrant, and petty officers of the U.S. Coast Guard on board Coast
Guard, Coast Guard Auxiliary, local, state, and federal law enforcement
vessels. Emergency response vessels are authorized to move within the
zone but must abide by the restrictions imposed by the Captain of the
Port.
(3) Persons who would like to transit through a security zone in
this section must contact the Captain of the Port at telephone number
(630) 986-2175 or on VHF channel 16 (121.5 MHz) to seek permission to
transit the area. If permission is granted, all persons and vessels
shall comply with the instructions of the Captain of the Port or his or
her designated representative.
(c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
[CGD09-02-001, 67 FR 53502, Aug. 16, 2002; 67 FR 65041, Oct. 23, 2002,
as amended by CGD09-04-020, 69 FR 71709, Dec. 10, 2004]
Sec. 165.911 Security Zones; Captain of the Port Buffalo Zone.
(a) Location. The following are security zones:
(1) Nine Mile Point and Fitzpatrick Nuclear Power Plants. The
navigable waters of Lake Ontario bounded by the following coordinates:
commencing at 43[deg]30.8[min] N, 076[deg]25.7[min] W; then north to
43[deg]31.2[min] N, 076[deg]25.7[min] W; then east-northeast to
43[deg]31.6[min] N, 076[deg]24.9[min] W; then east to 43[deg]31.8[min]
N, 076[deg]23.2[min] W; then south to 43[deg]31.5[min] N,
076[deg]23.2[min] W; and then following the shoreline back to the point
of origin (NAD 83).
(2) Ginna Nuclear Power Plant. The waters of Lake Ontario bounded by
the following area, starting at 43[deg]16.9[min] N, 077[deg]18.9[min] W;
then north to 43[deg]17.3[min] N, 077[deg]18.9[min] W; then east to
43[deg]17.3[min] N, 077[deg]18.3[min] W; then south to 43[deg]16.7[min]
N, 077[deg]18.3[min] W; then following the shoreline back to starting
point (NAD 83).
(3) Moses-Saunders Power Dam. The waters of the St. Lawrence River
bounded by the following area, starting at 45[deg]00.73[min] N,
074[deg]47.85[min] W; southeast following the international border to
45[deg]00.25[min] N, 074[deg]47.56[min] W; then southwest to
45[deg]00.16[min] N, 074[deg]47.76[min] W; then east to the shoreline at
45[deg]00.16[min] N, 074[deg]47.93[min] W; then northwest to
45[deg]00.36[min] N, 074[deg]48.16[min] W; then northeast back to the
starting point (NAD 83).
(4) Long Sault Spillway Dam. The waters of the St. Lawrence River
bounded by the following area, starting at 44[deg]59.5[min] N,
074[deg]52.0[min] W; north to 45[deg]00.0[min] N, 074[deg]52.0[min] W;
east to 45[deg]00.0[min] N, 074[deg]51.6[min] W, then south to
44[deg]59.5[min] N, 074[deg]51.6[min] W; then west back to the starting
point (NAD 83).
(b) Regulations. (1) In accordance with Sec. 165.33, entry into
this zone is prohibited unless authorized by the Coast Guard Captain of
the Port Buffalo.
(2) Persons or vessels desiring to transit the area of the Nine Mile
Point and Fitzpatrick Nuclear Power Plants or Ginna Nuclear Power Plant
security zones must contact the Captain of the Port Buffalo at telephone
number (716) 843-9570, or on VHF/FM channel 16 to seek permission to
transit the area. Persons desiring to transit the area of Moses-Saunders
Power Dam or Long Sault Spillway Dam security zones must contact the
Supervisor, Marine Safety Detachment Massena at telephone number (315)
764-3284, or on VHF/FM channel 16 to seek permission to transit the
area. If permission is granted, all persons and vessels shall comply
with the instructions of the Captain of the Port or his or her
designated representative.
(c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
[CGD09-02-005, 67 FR 53500, Aug. 16, 2002]
Sec. 165.912 Security Zone; Lake Erie, Perry, OH.
(a) Location: The following area is a security zone: all navigable
waters of Lake Erie bounded by a line drawn between the following
coordinates beginning at 41[deg] 48.187[min] N, 081[deg] 08.818[min] W;
then
[[Page 743]]
due north to 41[deg] 48.7[min] N, 081[deg] 08.818[min] W; then due east
to 41[deg] 48.7[min] N, 081[deg] 08.455[min] W; then due south to the
south shore of Lake Erie at 41[deg] 48.231[min] N, 081[deg] 08.455[min]
W; thence westerly following the shoreline back to the beginning (NAD
83).
(b) Regulations. In accordance with the general regulations in Sec.
165.33 of this part, entry into this zone is prohibited unless
authorized by the Coast Guard Captain of the Port Cleveland, or the
designated on-scene representative.
(c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
[CGD09-02-006, 67 FR 52611, Aug. 13, 2002]
Sec. 165.914 Safety Zones; Annual Fireworks Events in the Captain of
the Port Buffalo Zone.
(a) Safety zones. The following areas are designated safety zones:
(1) Oswego Independence Day Fireworks, Oswego, NY.
(i) Location. All waters of Oswego Harbor, in Lake Ontario, within a
1,000-foot radius of the fireworks barge moored or anchored in
approximate position 43[deg]28[min]05[sec] N, 076[deg]31[min]01[sec] W
(NAD 1983).
(ii) Enforcement date. The first Sunday in July.
(2) Oswego Harborfest Fireworks Display, Oswego, NY.
(i) Location. (A) All waters of Oswego Harbor within a 300-yard
radius around the fireworks barge located at 43[deg]28[min]08[sec] N,
076[deg]31[min]07[sec] W (NAD 1983).
(B) All waters surrounding the fireworks display on the western
break wall; 43[deg]27[min]55[sec] N, 076[deg]31[min]30[sec] W then to
43[deg]28[min]03[sec] N, 076[deg]31[min]12[sec] W then to
43[deg]27[min]54[sec] N, 076[deg]31[min]06[sec] W then to
43[deg]27[min]48[sec] N, 076[deg]31[min]26[sec] W then back to the point
of origin (NAD 1983).
(ii) Enforcement date. The last Saturday during the last full week
of July.
(3) Ontario Memorial Day Fireworks, Ontario, NY.
(i) Location. All waters of Lake Ontario within a 200-yard radius of
the fireworks display at Bear Creek Harbor located in position
43[deg]16[min]39[sec] N, 077[deg]16[min]35[sec] W (NAD 1983).
(ii) Enforcement date. Memorial Day, the last Monday in May.
(4) Olcott Fireworks, Olcott, NY.
(i) Location. All waters of Lake Ontario within a 300-yard radius of
the fireworks display on the west break wall of the Olcott Harbor
entrance located in position 43[deg]20[min]25[sec] N,
078[deg]43[min]09[sec] W (NAD 1983).
(ii) Enforcement date. July 3.
(5) Harbor Sound and Light Festival, Sackets Harbor, NY.
(i) Location. All waters of Lake Ontario within a 300-yard radius of
the fireworks display on the beach just southwest of Mill Creek located
in position 43[deg]57[min]18[sec] N, 076[deg]06[min]35[sec] W (NAD
1983).
(ii) Enforcement date. The second Saturday in June.
(6) Village of Sackets Harbor July 4 Display, Sackets Harbor, NY.
(i) Location. All waters of Lake Ontario within a 200-yard radius of
the fireworks display on the beach of Battlefield State Park located in
position 43[deg]56[min]56[sec] N, 076[deg]07[min]43[sec] W (NAD 1983).
(ii) Enforcement date. July 4.
(b) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) All persons and vessels must comply with the instructions of the
Coast Guard Captain of the Port or the designated on scene patrol
personnel. Coast Guard patrol personnel include commissioned, warrant,
and petty officers of the U.S. Coast Guard. Upon being hailed by a U.S.
Coast Guard vessel via siren, radio, flashing light, or other means, the
operator shall proceed as directed.
(3) Commercial vessels may request permission from the Captain of
the Port Buffalo to transit the safety zone. Approval will be made on a
case-by-case basis. Requests must be made in advance and approved by the
Captain of the Port before transits will be authorized. The Captain of
the Port may be contacted via U.S. Coast Guard Group Buffalo on Channel
16, VHF-FM.
(4) Marine Event Permits (CG-4423) will still need to be sent to
U.S. Coast Guard Group Buffalo, NY.
(c) Notice of annual enforcement period. The Captain of the Port
Buffalo will publish, at least 10 days in advance of each annual event,
a notice of implementation of regulation in the Federal Register. The
COTP may also issue notices in the Ninth Coast Guard
[[Page 744]]
District Local Notice to Mariners the dates and times this section will
be enforced each year.
[CGD09-04-140, 70 FR 3147, Jan. 21, 2005]
Sec. 165.915 Security zones; Captain of the Port Toledo Zone, Lake Erie.
(a) Security zones. The following areas are security zones:
(1) Enrico Fermi 2 Nuclear Power Station. All waters and adjacent
shoreline encompassed by a line commencing at 41[deg]58.4[min] N,
083[deg]15.4[min] W; then northeast to 41[deg]58.5[min] N,
083[deg]15.0[min] W; then southeast to 41[deg]58.2[min] N,
083[deg]13.7[min] W; then south to 41[deg]56.9[min] N, 083[deg]13.8[min]
W; then west to 41[deg]56.9[min] N, 083[deg]15.2[min] W; then back to
the starting point at 41[deg]58.4[min] N, 083[deg]15.4[min] W (NAD 83).
(2) Davis Besse Nuclear Power Station. All waters and adjacent
shoreline encompassed by a line commencing at 41[deg]36.1[min] N,
083[deg]04.7[min] W; north to 41[deg]37.0[min] N, 083[deg]03.9[min] W;
east to 41[deg]35.9[min] N, 083[deg]02.5[min] W; southwest to
41[deg]35.4[min] N, 083[deg]03.7[min] W; then back to the starting point
41[deg]36.1[min] N, 083[deg]04.7[min] W (NAD 83).
(b) Regulations. (1) In accordance with Sec. 165.33, entry into
this zone is prohibited unless authorized by the Coast Guard Captain of
the Port Toledo. Section 165.33 also contains other general
requirements.
(2) Persons desiring to transit through either of these security
zones, prior to transiting, must contact the Captain of the Port Toledo
at telephone number (419) 418-6050, or on VHF/FM channel 16 and request
permission. If permission is granted, all persons and vessels shall
comply with the instructions of the Captain of the Port or his or her
designated representative.
(c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
[CGD09-02-011, 67 FR 46386, July 15, 2002]
Sec. 165.916 Security Zones; Captain of the Port Milwaukee Zone, Lake
Michigan.
(a) Location. The following are security zones:
(1) Kewaunee Nuclear Power Plant. All navigable waters of Western
Lake Michigan encompassed by a line commencing from a point on the
shoreline at 44[deg]20.715[min] N, 087[deg]32.080[min] W; then easterly
to 44[deg]20.720[min] N, 087[deg]31.630[min] W; then southerly to
44[deg]20.480[min] N, 087[deg]31.630[min] W; then westerly to
44[deg]20.480[min] N, 087[deg]31.970[min] W, then northerly following
the shoreline back to the point of origin (NAD 83).
(2) Point Beach. All navigable waters of Western Lake Michigan
encompassed by a line commencing from a point on the shoreline at
44[deg] 17.06 N, 087[deg] 32.15 W, then northeasterly to 44[deg] 17.12
N, 087[deg] 31.59 W, then southeasterly to 44[deg] 16.48 N, 087[deg]
31.42 W, then southwesterly to 44[deg] 16.42 N, 087[deg] 32.02 W, then
northwesterly along the shoreline back to the point of origin. All
coordinates are based upon North American Datum 1983.
(b) Regulations. (1) In accordance with Sec. 165.33, entry into
this zone is prohibited unless authorized by the Coast Guard Captain of
the Port Milwaukee. Section 165.33 also contains other general
requirements.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number (414) 747-7155 or on
VHF-FM Channel 16 to seek permission to transit the area. If permission
is granted, all persons and vessels shall comply with the instructions
of the Captain of the Port or his or her designated representative.
(c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
[CGD09-02-007, 67 FR 49578, July 31, 2002, as amended by CGD09-03-277,
69 FR 4242, Jan. 29, 2004]
Sec. 165.917 Safety Zone; M/V ROY A. JODREY, St. Lawrence River,
Wellesley Island, New York.
(a) Location. The following area is safety zone: all waters and
adjacent shoreline encompassed by the arc of a circle with a 150-yard
radius of the wreck of the M/V ROY A. JODREY, with its center in
approximate position 44[deg]19.55 N, 075[deg]56.00 W (NAD 83).
(b) Regulations. (1) The regulations in Sec. 165.23 apply to this
section.
(2) Except as provided in this section, no vessel or person may
enter or remain in this safety zone without the permission of the
Captain of the Port.
(3) The Captain of the Port Buffalo has authorized all vessels to
transit
[[Page 745]]
through the safety zone on the condition that they proceed directly
through the zone without stopping.
(4) Any vessel wanting to stop, fish, anchor or discharge divers
inside the zone, or any divers wanting to visit the wreckage of the M/V
ROY A. JODREY, must request permission from the Captain of the Port
Buffalo or his designated on-scene representative prior to entry into
the zone.
[CGD09-02-522, 67 FR 65043, Oct. 23, 2002]
Sec. 165.918 Safety zones; annual fireworks displays in the Captain
of the Port Chicago Zone.
(a) Safety zones. The following areas are designated safety zones:
(1) Evanston Fourth of July Fireworks--Evanston, IL:
(i) Location. All waters and adjacent shoreline of Lake Michigan
bounded by the arc of a circle with a 1000-foot radius from the
fireworks launch site with its center in approximate position 42Sec.
02[min]58[sec] N, 087Sec. 40[min]22[sec] W (NAD 83).
(ii) Expected date and time. First Week in July; sunset to
termination of display.
(2) Independence Day Fireworks--Manistee, MI:
(i) Location. All waters and adjacent shoreline of Lake Michigan
within the arc of a circle with a 1000-foot radius from the fireworks
launch site with its center in approximate position
44[deg]14[min]51[sec] N, 086[deg]20[min]46[sec] W (NAD 83) (Off First
Street Beach).
(ii) Expected date and time. First Week in July; sunset to
termination of display.
(3) Independence Day Fireworks--Lake Kalamazoo, Saugatuck, MI:
(i) Location. All waters and adjacent shoreline of Lake Kalamazoo,
Saugatuck, MI. within the arc of a circle with a 1000-foot radius from
the fireworks launch site with its center in approximate position
42[deg]38[min]52.5[sec] N, 086[deg]12[min]18.5[sec] W (NAD 83).
(ii) Expected date and time. First Week in July; sunset to
termination of display.
(4) Independence Day Fireworks--White Lake, Whitehall, MI:
(i) Location. All waters and adjacent shoreline of White Lake,
Whitehall, MI. within the arc of a circle with a 1000-foot radius from
the fireworks launch site with its center in approximate position of
43[deg]24[min]33.5[sec] N, 086[deg]21[min]28.5[sec] W (NAD 83).
(ii) Expected date and time. First Week in July; sunset to
termination of display.
(5) Pentwater July 3rd Fireworks--Lake Michigan, Pentwater, MI:
(i) Location. All waters and adjacent shoreline of Lake Michigan and
the Shipping Channel, Pentwater, MI. within the arc of a circle with a
1000-foot radius from the fireworks launch site on the North Breakwall
with its center in approximate position of 43[deg]46[min]56.5[sec] N,
086[deg]26[min]38[sec] W (NAD 83).
(ii) Expected date and time. First Week in July; sunset to
termination of display.
(6) Venetian Night Fireworks--Lake Kalamazoo, Saugatuck, MI:
(i) Location. All waters and adjacent shoreline of Lake Kalamazoo,
Saugatuck, MI. within the arc of a circle with a 1000-foot radius from
the fireworks launch site with its center in approximate position
42[deg]38[min]52.5[sec] N, 086[deg]12[min]18.5[sec] W (NAD 83).
(ii) Expected date and time. The fourth weekend in July; or the
first weekend in August; sunset to termination of display:
(7) Venetian Night Fireworks--Lake Michigan, Hammond, IN:
(i) Location. All waters and adjacent shoreline of Lake Michigan,
Hammond, IN. within the arc of a circle with a 840-foot radius from the
fireworks launch site with its center in approximate position of
41[deg]41[min]54[sec] N, 087[deg]30[min]46[sec] W (NAD 83).
(ii) Expected date and time. The first weekend in August; sunset to
termination of display.
(8) Venetian Night Fireworks--Monroe Street Harbor--Chicago, IL:
(i) Location. All waters and adjacent shoreline of Lake Michigan,
Chicago, IL. within the arc of a circle with a 1000-foot radius from the
fireworks launch site at Monroe Street Harbor with its center in
approximate position of 41[deg]52[min]41[sec] N, 087[deg]36[min]37[sec]
W (NAD 83).
(ii) Expected date and time. The fourth weekend in July; or the
first weekend in August; sunset to termination of display.
(9) Wings Over the Lake Air Show--Michigan City, IN:
[[Page 746]]
(i) Location. All waters and adjacent shoreline of Lake Michigan,
off Washington Park, Michigan City, IN. encompassed by a line drawn
between the following coordinates starting at 41[deg]43[min]39[sec] N,
086[deg]54[min]32[sec] W; northwest to 41[deg]44[min]06[sec] N,
086[deg]54[min]44[sec] W; northeast to 41[deg]44[min]21[sec] N,
086[deg]53[min]52[sec] W; southeast to 41[deg]43[min]55[sec] N,
086[deg]53[min]40[sec] W; then southwest back to the point of origin
(NAD 83). The safety zone starts approximately 250-feet from the East
Pierhead and 250-feet from Washington Park Beach.
(ii) Expected Date and Time. The first week in July.
(10) YMCA Lake Michigan Swim--Ferrysburg, MI:
(i) Location. All waters and adjacent shoreline of Lake Michigan,
off the Ferrysburg North Pier within 100-feet of a straight line from
43[deg]03.45[min] N, 086[deg]13.4[min] W; to 43[deg]05[min] N,
086[deg]15.24[min] W (NAD 83).
(ii) Expected date and time. The 3rd week in July; from 8 a.m.
(local) until the end of the event.
(11) Team Aquatics Ski Show--Grand River, Grand Haven, MI:
(i) Location. All waters and adjacent shoreline of the Grand River,
Grand Haven, MI. from 43[deg]04[min]08[sec] N, 086[deg]14[min]13[sec] W;
thence east to 43[deg]04[min]06[sec] N, 086[deg]14[min]07[sec] W; thence
southwest to 43[deg]03[min]53[sec] N, 086[deg]14[min]14[sec] W; and east
to 43[deg]03[min]51.5[sec] N, 086[deg]14[min]07.5[sec] W (NAD 83).
(ii) Expected date and time. The 4th week in July; from 6 p.m.
(local) until 8:30 p.m. (local).
(12) Chicago Flatwater Classic--Chicago River, Chicago, IL:
(i) Location. All waters and adjacent shoreline of the Chicago River
from a line drawn across the river at mile marker 323 to a line drawn
across the river at mile marker 331.
(ii) Expected date and time. The 2nd weekend in August; from 9 a.m.
(local) until 3:30 p.m. (local).
(13) Navy Pier Summer Fireworks--Lake Michigan, Chicago, IL.
(i) Locations.
(1) Primary launch site. All waters and adjacent shoreline of Lake
Michigan bounded by the arc of a circle with a 1400-foot radius from the
fireworks launch platform with its center in approximate position
41[deg]53[min]18[sec] N, 087[deg]36[min]08[sec] W (NAD 83).
(2) Alternate launch site. In the case of inclement weather, the
alternate launch site is all waters and adjacent shoreline of Lake
Michigan bounded by the arc of a circle with a 1400-foot radius with its
center in approximate position 41[deg]53[min]24[sec] N,
087[deg]35[min]44[sec] W (NAD 83).
(ii) Expected dates and times. Every Wednesday and Saturday evening
from 9 p.m. (local) until termination of display from June 1 thru
September 1.
(14) Navy Pier 4th of July Fireworks--Lake Michigan, Chicago, IL.
(i) Locations.
(1) Primary launch site. All waters and adjacent shoreline of Lake
Michigan bounded by the arc of a circle with a 1400-foot radius from the
fireworks launch platform with its center in approximate position
41[deg]53[min]18[sec] N, 087[deg]36[min]08[sec] W (NAD 83).
(2) Alternate launch site. In the case of inclement weather, the
alternate launch site is all waters and adjacent shoreline of Lake
Michigan bounded by the arc of a circle with a 1400-foot radius with its
center in approximate position 41[deg]53[min]24[sec] N,
087[deg]35[min]44[sec] W (NAD 83).
(ii) Expected date and time. The first week of July; sunset to
termination of display.
(15) St. Joseph's River Marathon Swim--St. Joseph, MI.
(i) Location. All the waters of Lake Michigan (off of St. Joseph,
MI.), and the St. Joseph River, within 100 feet of the race course.
(ii) Expected date and time. The 3rd week in July; from 11 a.m.
(local) until the end of the event.
(b) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on scene patrol
personnel. Coast Guard patrol personnel include commissioned, warrant,
and petty officers of the U.S. Coast Guard. Upon being hailed by a U.S.
Coast Guard vessel via siren, radio, flashing light, or other means, the
operator shall proceed as directed. U.S. Coast Guard Auxiliary,
representatives of the event organizer, and local or state officials may
be present to inform vessel operators of this regulation and other
applicable laws.
[[Page 747]]
(3) In cases where shipping is affected, commercial vessels may
request permission from the Captain of the Port Chicago to transit the
safety zone. Approval in such cases will be case-by-case. Requests must
be made in advance and approved by the Captain of the Port before
transits will be authorized. The Captain of the Port may be contacted
via Channel 16, VHF-FM.
(c) Captain of the Port Chicago will announce the exact time and
location of the annual events listed in this regulation by Notice of
Implementation, Broadcast Local Notice to Mariners, or any other means
deemed appropriate.
[CGD09-03-203, 68 FR 27467, May 20, 2003]
Sec. 165.920 Regulated Navigation Area: USCG Station Port Huron, Port
Huron, MI, Lake Huron.
(a) Location. All waters of Lake Huron encompassed by the following:
starting at the northwest corner at 43[deg]00.4[min] N,
082[deg]25.327[min] W; then east to 43[deg]00.4[min] N,
082[deg]25.23.8[min] W; then south to 43[deg]00.3[min] N,
082[deg]25.238[min] W; then west to 43[deg]00.3[min] N,
082[deg]25.327[min] W; then following the shoreline north back to the
point of origin (NAD 83).
(b) Special regulations. No vessel may fish, anchor, or moor within
the RNA without obtaining the approval of the Captain of the Port (COTP)
Detroit. Vessels need not request permission from COTP Detroit if only
transiting through the RNA. COTP Detroit can be reached by telephone at
(313) 568-9580, or by writing to: MSO Detroit, 110 Mt. Elliot Ave.,
Detroit MI 48207-4380.
[CDG09-03-287, 69 FR 23103, Apr. 28, 2004]
Sec. 165.921 Regulated Navigation Area; Reporting Requirements for
Barges Loaded with Certain Dangerous Cargoes, Illinois Waterway System
located within the
Ninth Coast Guard District.
(a) Regulated Navigation Area. The following waters are a regulated
navigation area (RNA): the Illinois Waterway System above mile 187.2 to
the Chicago Lock on the Chicago River at mile 326.7 and to the
confluence of the Calumet River and Lake Michigan at mile 333.5 of the
Calumet River.
(b) Applicability. This section applies to towing vessel operators
and fleeting area managers responsible for CDC barges in the RNA. This
section does not apply to towing vessel operators responsible for barges
not carrying CDC barges, or fleet tow boats moving one or more CDC
barges within a fleeting area.
(c) Definitions. As used in this section--
Barge means a non-self propelled vessel engaged in commerce, as set
out in 33 CFR 160.204.
Certain Dangerous Cargo or (CDC) includes any of the following:
(1) Division 1.1 or 1.2 explosives as defined in 49 CFR 173.50.
(2) Division 1.5D blasting agents for which a permit is required
under 49 CFR 176.415 or, for which a permit is required as a condition
of a Research and Special Programs Administration exemption.
(3) Division 2.3 ``poisonous gas'', as listed in 49 CFR 172.101 that
is also a ``material poisonous by inhalation'' as defined in 49 CFR
171.8, and that is in a quantity in excess of 1 metric ton per barge.
(4) Division 5.1 oxidizing materials for which a permit is required
under 49 CFR 176.415 or, for which a permit is required as a condition
of a Research and Special Programs Administration exemption.
(5) A liquid material that has a primary or subsidiary
classification of Division 6.1 ``poisonous material'' as listed in 49
CFR 172.101 that is also a ``material poisonous by inhalation'', as
defined in 49 CFR 171.8 and that is in a bulk packaging, or that is in a
quantity in excess of 20 metric tons per barge when not in a bulk
packaging.
(6) Class 7, ``highway route controlled quantity'' radioactive
material or ``fissile material, controlled shipment'', as defined in 49
CFR 173.403.
(7) Bulk liquefied chlorine gas and bulk liquefied gas cargo that is
flammable and/or toxic and carried under 46 CFR 154.7.
(8) The following bulk liquids--
(i) Acetone cyanohydrin,
(ii) Allyl alcohol,
(iii) Chlorosulfonic acid,
(iv) Crotonaldehyde,
(v) Ethylene chlorohydrin,
(vi) Ethylene dibromide,
(vii) Methacrylonitrile,
[[Page 748]]
(viii) Oleum (fuming sulfuric acid), and
(ix) Propylene Oxide.
CDC barge means a barge containing CDCs or CDC residue.
Downbound means the tow is traveling with the current.
Fleet tow boat means any size vessel that is used to move,
transport, or deliver a CDC barge within a fleeting area.
Fleeting area means any fleet, including any facility, located
within the area covered by one single port.
Inland River Vessel Movement Center or (IRVMC) means the Coast Guard
office that is responsible for collecting the information required by
this section.
Ninth Coast Guard District means the Coast Guard District as set out
in 33 CFR 3.45-1.
Towing vessel means any size vessel that is used to move, transport,
or deliver a CDC barge to a fleet or facility that is located in a
different port than where the voyage originated.
Towing vessel operator means the Captain or pilot who is on watch on
board a towing vessel.
Upbound means the tow is traveling against the current.
(d) Regulations. The following must report to the Inland River
Vessel Movement Center (IRVMC):
(1) The towing vessel operator responsible for one or more CDC
barges in the RNA must report all the information items specified in
table 165.921(f), in paragraph (f) of this section, to the IRVMC:
(i) Upon point of entry into the RNA with one or more CDC barges;
(ii) Four hours before originating a voyage within the RNA with one
or more CDC barges, except if the evolution of making up a tow with a
CDC barge will take less than 4 hours before originating a voyage, and
the towing vessel operator did not receive the order to make up a tow
with a CDC barge in advance of 4 hours before originating the voyage
with one or more CDC barges, in which case the towing vessel operator
shall submit the required report to the IRVMC as soon as possible after
receiving orders to make up a tow with one or more CDC barges;
(iii) Upon dropping off one or more CDC barges at a fleeting area or
facility;
(iv) Upon picking up one or more additional CDC barges from a
fleeting area or facility;
(v) At designated reporting points, set forth in paragraph of this
section;
(vi) When the estimated time of arrival (ETA) to a reporting point
varies by 6 hours from the previously reported ETA;
(vii) Any significant deviation from previously reported
information;
(viii) Upon departing the RNA with one or more CDC barges; and
(ix) When directed by the IRVMC.
(2) The fleeting area manager responsible for one or more CDC barges
in the RNA must report all the information items specified in table
165.921(g), in paragraph (g) of this section, to the IRVMC:
(i) Once daily, report all CDC barges within the fleeting area;
(ii) Upon moving one or more CDC barges within a fleeting area by a
fleet tow boat;
(iii) Any significant deviation from previously reported
information; and
(iv) When directed by the IRVMC.
(3) Reports required by this section may be made by a company
representative or dispatcher on behalf of the fleeting area manager.
(4) Reports required by this section must be made to the IRVMC
either by telephone to (866) 442-6089, by fax to (866) 442-6107, or by
e-mail to [email protected]. A reporting form and e-mail link are
available at http://www.uscg.mil/d8/Divs/M/IRVMC.htm.
(5) The general regulations contained in 33 CFR 165.13 apply to this
section.
(e) Ninth Coast Guard District Illinois Waterway System RNA
Reporting points. Towing vessel operators responsible for one or more
CDC barges in the RNA must make reports to the Inland River Vessel
Movement Center at each point listed in this paragraph (e).
(1) Illinois River (ILR) Upbound, at Mile Markers (M) and when
Departing Lock & Dam (L&D)--
(i) M 187.2 (Southern Boundary MSO Chicago AOR),
(ii) M 303.5 Junction of Chicago Sanitary Ship Canal and Calumet-Sag
Channel,
[[Page 749]]
(iii) M 326.4 Thomas S. O'Brien L&D, Calumet River,
(iv) M 333.5 Confluence of Calumet River and Lake Michigan, and
(v) M 326.7 Chicago L&D, Chicago River.
(2) Illinois River (ILR) Downbound Reporting Points, at Mile Markers
(M) and when Departing Lock & Dam (L&D)--
(i) M 326.7 Chicago L&D, Chicago River,
(ii) M 333.5 Confluence of Calumet River and Lake Michigan,
(iii) M 326.4 Thomas S. O'Brien L&D, Calumet River,
(iv) M 303.5 Junction of Chicago Sanitary Ship Canal and Calumet-Sag
Channel, and
(v) M 187.2 (Southern Boundary MSO Chicago AOR).
(f) Information to be reported to the IRVMC by towing vessel
operators. With the exception noted in paragraph (d)(1)(ii) of this
section, towing vessel operators responsible for one or more CDC barges
in the RNA must report all the information required by this section as
set out in table 165.921(f) of this paragraph.
[[Page 750]]
Table 165.921(F)--Information To Be Reported to the IRVMC by Towing Vessel Operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name and
Estimated location of
time of destination of Estimated time
24-hour Name of Barge(s) Type, name departure CDC barge of arrival
contact vessel name and and amount from (fleeting area Reporting (ETA) to next
number moving official of CDC fleeting or facility), point reporting point
barge(s) number onboard area or including (If applicable)
facility estimated time
of arrival
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Upon point of entry into the RNA with X X X X ........... X X X
a CDC barge..............................
(2) 4 hours before originating a voyage X X X X X X ........... X
within the RNA with one or more CDC
barges; but see exception in paragraph
(d)(1)(ii) of this section...............
(3) Upon dropping off one or more CDC .......... X X
barges at a fleeting area or facility....
(4) Upon picking up one or more additional .......... X X X
CDC barges from a fleeting area or
facility.................................
(5) At designated reporting points in .......... X X (\1\) ........... (\1\) X X
165.921(e)...............................
(6) When ETA to a reporting point varies .......... X (\1\) (\1\) ........... ............... ........... X
by 6 hours from previously reported ETA..
(7) Any significant deviation from X X X X X X X X
previously reported information (all that
apply)...................................
(8) Upon departing the RNA with a CDC .......... X X ............ ........... ............... X
barge (s)................................
(9) When directed by the IRVMC............ X X X X X X X X
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ If changed.
[[Page 751]]
(g) Information to be reported to the IRVMC by fleeting area
managers. Fleeting area managers responsible for one or more CDC barges
in the RNA must report the information required by this section as set
out in table 165.921(g) to this paragraph.
Table 165.921(G)--Information To Be Reported to the IRVMC by Fleeting Area Managers
----------------------------------------------------------------------------------------------------------------
Location of CDC
24-hour contact Barge(s) name Type, name and barge (fleeting
number and official amount of CDC area or
number onboard facility)
----------------------------------------------------------------------------------------------------------------
(1) Once daily, all CDC barges in a fleeting X X X X
area.......................................
(2) Upon moving one or more CDC barges ............... X X X
within a fleeting area by a fleet tow boat.
(3) Any significant deviation from X X X X
previously reported information (all that
apply).....................................
(4) When directed by the IRVMC.............. X X X X
----------------------------------------------------------------------------------------------------------------
(h) Alternative reporting. The Ninth Coast Guard District Commander
may consider and approve alternative methods to be used by a reporting
party to meet any reporting requirements if--
(1) The request is submitted in writing to Commander, Ninth Coast
Guard District (m), 1240 E. Ninth Street, Cleveland, Ohio, 44199-2060;
and
(2) The alternative provides an equivalent level of the reporting
that which would be achieved by the Coast Guard with the required check-
in points.
(i) Deviation from this section is prohibited unless specifically
authorized by the Commander, Ninth Coast Guard District or the IRVMC.
(Approved by the Office of Management and Budget under OMB control
number 1625-1505)
[CDG09-03-241, 68 FR 57622, Oct. 6, 2003]
Eleventh Coast Guard District
Sec. 165.T11-004 Regulated Navigation Area; Humboldt Bay Bar Channel
and Humboldt Bay Entrance Channel, Humboldt Bay, California.
(a) Location. The Regulated Navigation Area (RNA) includes all
navigable waters of the Humboldt Bay Bar Channel and the Humboldt Bay
Entrance Channel, Humboldt Bay, California.
(b) Definitions. As used in this section--
COTP means the Captain of the Port as defined in 33 CFR 1.01-30 and
3.55-20.
Group means Coast Guard Group Humboldt Bay.
Group Commander means the Commanding Officer of Coast Guard Group
Humboldt Bay.
Hazardous material means any of the materials or substances listed
in 46 CFR 153.40.
Humboldt Bay Area means the area described in the location section
of this regulation.
Oil means oil of any kind or in any form, including but not limited
to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes
other than dredged spoil.
Station means Coast Guard Station Humboldt Bay.
Tank vessel means any vessel that is constructed or adapted to
carry, or that carries, oil or hazardous material in bulk as cargo or
cargo residue.
(c) Applicability. These regulations apply to the owners and
operators of tank vessels transporting oil or hazardous material as
cargo within the Humboldt Bay Area.
(d) Regulations. (1) In addition to the arrival and departure
notification requirements listed in 33 CFR 160, Ports and Waterways
Safety--General, Subpart C--Notifications of ``Arrivals, Departures,
Hazardous Conditions, and Certain Dangerous Cargoes'', the owner,
master, agent or person in charge of a vessel to which this notice
applies shall obtain permission to cross within four hours of crossing
the Humboldt Bay Bar. Between 6:30 a.m. and 10 p.m., notification/
requests for permission can be made to Station Humboldt Bay on VHF-FM
Channel 16, or at (707) 443-2213. If between 10 p.m. and 6:30 a.m., or
if unable to reach the Station, notification/requests for permission
[[Page 752]]
can be made directly to Group Humboldt Bay on VHF-FM Channel 16 or at
(707) 839-6113.
(2) Permission for a bar crossing by vessels or towing vessels and
their tows to which this regulation applies is dependant on
environmental and safety factors, including but not limited to: Sea
state, winds, visibility, size and type of vessel or tow, wave period,
time of day/night, and tidal currents. The final decision to close the
bar rests with Humboldt Bay Group Commander or his designated
representative. At a minimum, Humboldt Bay Bar Channel crossings by
vessels subject to this advisory will generally not be permitted unless
all of the following conditions exist: Proper permission to cross has
been received, sea conditions at the bar are less than 6 feet, winds at
the bar are less than 30 knots, the transit will take place during
daylight hours, the vessel has only a single tow or no tow, the
visibility at the bar is greater than 1,000 yards, and the vessel and
tow are in proper operating condition.
(3) If the bar is closed to vessels to which this regulation
applies, waiver requests will be accepted within four hours of crossing
the entrance channel. If the waiver request is made between 6:30 a.m.
and 10 p.m., the request should be made to Station Humboldt Bay on VHF-
FM Channel 16, or at (707) 443-2213. If between 10 p.m. and 6:30 a.m.,
or if unable to reach the Station, the request can be made directly to
Group Humboldt Bay on VHF-FM Channel 16 or at (707) 839-6113. Waiver
requests must be made by the vessel master and must provide the
following: A description of the proposed operation, the conditions for
which the waiver is requested, the reasons for requesting the waiver,
the reasons that the requester believes the proposed operation can be
accomplished safely, and a callback phone number. The Station or Group
Watchstander receiving the request will brief the Officer in Charge of
the Station who will then brief the Group Commander. The authority to
grant waivers rests with the Group Commander or his designated
representative.
(4) In addition to the above requirements, vessels transporting
liquefied hazardous gasses or compressed hazardous gasses in bulk as
cargo into or out of Humboldt Bay are required to be aided by two assist
tugs. If the vessel carrying the gasses is towed, the tow tug
requirement is in addition to the towing tug. The assist tugs shall
escort the vessel through its transit and must be stationed so as to
provide immediate assistance in response to the loss of power or
steering of the cargo vessel, its towing tug, or loss of control over
the tow.
(5) Vessels to which this regulation applies may be required by the
Group Commander or his designated representative to be escorted by a
Coast Guard vessel during their transit. In addition, if a vessel
master, agent, or pilot has concerns about the safety of a vessel's
transit through the Humboldt Bay Entrance Channel, a Coast Guard escort
may be requested. Requests for an escort should be directed to Station
on VHF-FM channel 16 or at (707) 443-2213 between 6:30 a.m. and 10 p.m.,
or to Group on VHF-FM channel 16 or at (707) 839-6113 if between 10 p.m.
and 6:30 a.m.
(e) Enforcement. Acting as a representative of the Captain of the
Port, the Humboldt Bay Group Commander will enforce this regulation and
has the authority to take steps necessary to ensure the safe transit of
vessels in Humboldt Bay. The Group Commander can enlist the aid and
cooperation of any Federal, State, county, and municipal agency to
assist in the enforcement of the regulation. All persons and vessels
shall comply with the instructions of the Group Commander or the
designated on-scene patrol personnel. Patrol personnel comprise
commissioned, warrant, and petty officers of the Coast Guard onboard
Coast Guard, Coast Guard Auxiliary, local, State, and Federal law
enforcement vessels. Upon being hailed by U.S. Coast Guard patrol
personnel by siren, radio, flashing light, or other means, the operator
of a vessel shall proceed as directed.
(f) Effective period. This rule is effective from April 8, 2005 to
October 11, 2005.
[CCGD11-04-010, 70 FR 11548, Mar. 9, 2005]
Effective Date Note: By CCGD11-04-010, 70 FR 11548, Mar. 9, 2005,
Sec. 165.T11-004 was added, effective Apr. 8, 2005 to Oct. 11, 2005.
[[Page 753]]
Sec. 165.T11-048 Safety Zone; Mission Creek Waterway, China Basin,
San Francisco Bay, California.
(a) Location. One hundred yards to either water-side of the Fourth
Street Bridge, encompassing the navigable waters, from the surface to
the sea floor, bounded by two lines; one line drawn from a point on the
north shore of Mission Creek [37[deg]46[min]29[sec] N,
122[deg]23[min]36[sec] W] extending southeast to a point on the opposite
shore [37[deg]46[min]28[sec] N, 122[deg]23[min]34[sec] W], and the other
line drawn from a point on the north shore of Mission Creek
[37[deg]46[min]34[sec] N, 122[deg]23[min]30[sec] W] extending southeast
to a point on the opposite shore [37[deg]46[min]33[sec] N,
122[deg]23'28] [Datum: NAD 83].
(b) Regulations. In accordance with the general regulations in Sec.
165.23 of this part, entry into, transit through, or anchoring within
this zone by all vessels is prohibited, unless specifically authorized
by the Captain of the Port San Francisco Bay, or his designated
representative.
(c) Effective period. The safety zone will be in effect from 12:01
a.m. on May 4, 2005 to 11:59 p.m. on December 31, 2005. If the need for
this safety zone ends before the scheduled termination time, the Captain
of the Port will cease enforcement of the safety zone and will announce
that fact via Broadcast Notice to Mariners.
(d) Enforcement. The Captain of the Port will enforce this zone and
may enlist the aid and cooperation of any Federal, State, county, or
municipal agency to assist in the enforcement of the regulation. All
persons and vessels shall comply with the instructions of the Coast
Guard Captain of the Port, or the designated on-scene patrol personnel.
Patrol personnel comprise commissioned, warrant, and petty officers of
the Coast Guard onboard Coast Guard, Coast Guard Auxiliary, Federal,
State, and local law enforcement vessels. Upon being hailed by U.S.
Coast Guard patrol personnel by siren, radio, flashing light, or other
means, the operator of a vessel shall proceed as directed.
[COTP San Francisco Bay 05-003, 70 FR 16416, Mar. 31, 2005]
Effective Date Note: By COTP San Francisco Bay 05-003, 70 FR 16416,
Mar. 31, 2005, Sec. 165.T11-048 was added, effective from 12:01 a.m. on
May 4, 2005 to 11:59 p.m. on Dec. 31, 2005.
Sec. 165.1101 Security Zone: San Diego Bay, CA.
(a) Location. The following area is a security zone: the water area
within Naval Station, San Diego enclosed by the following points:
Beginning at 32[deg]41[min]16.5[sec] N, 117[deg]08[min]01[sec] W (Point
A); thence running southwesterly to 32[deg]40[min]58.3[sec] N,
117[deg]08[min]11.0[sec] W (Point B); to 32[deg]40[min]36.0[sec] N
117[deg]07[min]49.1[sec] W (Point C); to 32[deg]40[min]17.0[min] N,
117[deg]07[min]34.6[sec] W (Point D); to 32[deg]39[min]36.4[sec] N,
117[deg]07[min]24.8[sec] W (Point E); to 32[deg]39[min]38.5[sec] N
117[deg]07[min]06.5[sec] W, (Point F); thence running generally
northwesterly along the shoreline of the Naval Station to the place of
the beginning. All coordinates referenced use datum: NAD 1983.
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into the area of this zone is
prohibited unless authorized by the Captain of the Port San Diego;
Commander, Naval Base San Diego; Commander, Navy Region Southwest; or
the Commanding Officer, Naval Station, San Diego.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number 619-683-6495 or on
VHF channel 16 (156.8 MHz) to seek permission to transit the area. If
permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port or his or her designated
representative.
(c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of this security zone by the U.S. Navy.
[COTP San Diego 04-019, 70 FR 2021, Jan. 12, 2005]
Sec. 165.1102 Security Zone: San Diego Bay, California.
(a) Location. The following area is a security zone: The water area
adjacent to the Naval Ocean Systems Center, San Diego, California, and
the Naval Supply Center, San Diego, California, described as follows:
[[Page 754]]
Commencing at a point on the shoreline of Point Loma, at latitude
32[deg]41[min]57.8[sec] N, longitude 117[deg]14[min]17.5[sec] W (Point
A), for a place of beginning; thence easterly to latitude
32[deg]41[min]56.0[sec] N, longitude 117[deg]14[min]09.9[sec] W (Point
B); thence northeasterly to latitude 32[deg]42[min]03.8[sec] N,
longitude 117[deg]14[min]04.7[sec] W (Point C); thence northeasterly to
latitude 32[deg]42[min]10.2[sec] N, longitude 117[deg]14[min]00.6[sec] W
(Point D); thence northwesterly to latitude 32[deg]42[min]14.6[sec] N,
longitude 117[deg]14[min]02.1[sec] W (Point E); thence northwesterly to
latitude 32[deg]42[min]22.7[sec] N, longitude 117[deg]14[min]05.8[sec] W
(Point F); thence northwesterly to latitude 32[deg]42[min]28.3[sec] N,
longitude 117[deg]14[min]08.4[sec] W (Point G); thence westerly to
latitude 32[deg]42[min]28.3[sec] N, longitude 117[deg]14[min]09.6[sec] W
(Point H); thence generally southerly along the shoreline of Point Loma
to the place of beginning (Point A).
(b) Regulations. In accordance with the general regulations in Sec.
165.33 of this part, entry into the area of this zone is prohibited
unless authorized by the Captain of the Port, the Commander, Naval Base,
San Diego, the Commander, Naval Ocean Systems Center, San Diego, or the
Commanding Officer, Naval Supply Center, San Diego. Section 165.33 also
contains other general requirements.
[COTP San Diego Reg. 85-20, 51 FR 8197, Mar. 10, 1986. Redesignated by
USCG-2001-9286, 66 FR 33642, June 25, 2001]
Sec. 165.1103 Security Zone: San Diego Bay, CA.
(a) Location. The following area is a security zone: The water
adjacent to the Naval Submarine Base, San Diego, commencing on a point
on the shoreline of Ballast Point, at 32[deg] 41[min]11.2[sec] N,
117[deg] 13[min]57.0[sec] W (Point A), thence northerly to 32[deg]
41[min]31.8[sec] N, 117[deg] 14[min]00.6[sec] W (Point B), thence
westerly to 32[deg] 41[min]32.7[sec] N, 117[deg] 14[min]03.2[sec] W
(Point C), thence southwesterly to 32[deg] 41[min]30.5[sec] N, 117[deg]
14[min]17.5[sec] W (Point D), thence generally southeasterly along the
shoreline of the Naval Submarine Base to the point of beginning, (Point
A). All coordinates referenced use datum: NAD 1983.
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into the area of this zone is
prohibited unless authorized by the Captain of the Port San Diego;
Commander, Naval Base Point Loma; or Commander, Navy Region Southwest.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number 619-683-6495 or on
VHF channel 16 (156.8 MHz) to seek permission to transit the area. If
permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port or his or her designated
representative.
(c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of this security zone by the U.S. Navy.
[COTP San Diego 03-010, 68 FR 25290, May 12, 2003]
Sec. 165.1104 Security Zone: San Diego Bay, CA.
(a) Location. The following area is a security zone: on the waters
along the northern shoreline of Naval Base Coronado, the area enclosed
by the following points: Beginning at 32[deg]42[min]53.0[sec] N,
117[deg]11[min]45.0 W (Point A); thence running northerly to
32[deg]42[min]55.5[sec] N, 117[deg]11[min]45.0[sec] W, (Point B); thence
running easterly to 32[deg]42[min]57.0[sec] N, 117[deg]11[min]31.0[sec]
W, (Point C); thence southeasterly to 32[deg]42[min]42.0[sec] N,
117[deg]11[min]04.0[sec] W (Point D); thence southeasterly to
32[deg]42[min]21.0[sec] N, 117[deg]10[min]47.0[sec] W (Point E) thence
running southerly to 32[deg]42[min]13.0[sec] N, 117[deg]10[min]51.0[sec]
W (Point F); thence running generally northwesterly along the shoreline
of Naval Base Coronado to the place of beginning. All coordinates
referenced use datum: NAD 1983.
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into the area of this zone is prohibited
unless authorized by the Captain of the Port San Diego; Commander, Naval
Base Coronado, or Commander, Navy Region Southwest.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number 619-683-6495 or on
VHF channel 16 (156.8 MHz) to seek permission to transit the area. If
permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port or his or her designated
representative.
[[Page 755]]
(c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of this security zone by the U.S. Navy.
[COTP San Diego, 68 FR 25290, May 12, 2003]
Sec. 165.1105 Security Zone: San Diego Bay, California.
(a) Location. (1) The following area is a security zone: The water
area adjacent to Naval Air Station North Island, Coronado, California,
and within 100 yards (91 meters) of Bravo Pier, and vessels moored
thereto, bounded by the following points (when no vessel is moored at
the pier):
(i) Latitude 32[deg]41[min]53.0[sec] N, Longitude
117[deg]13[min]33.6[sec] W;
(ii) Latitude 32[deg]41[min]53.0[sec] N, Longitude
117[deg]13[min]40.6[sec] W;
(iii) Latitude 32[deg]41[min]34.0[sec] N, Longitude
117[deg]13[min]40.6[sec] W;
(iv) Latitude 32[deg]41[min]34.0[sec] N, Longitude
117[deg]13[min]34.1[sec] W.
(2) Because the area of this security zone is measured from the pier
and from vessels moored thereto, the actual area of this security zone
will be larger when a vessel is moored at Bravo Pier.
(b) Regulations. In accordance with the general regulations in Sec.
165.33 of this part, entry into the area of this zone is prohibited
unless authorized by the Captain of the Port or the Commanding Officer,
Naval Air Station North Island. Section 165.33 also contains other
general requirements.
[COTP San Diego Reg. 85-11, 51 FR 3776, Jan. 30, 1986, as amended at 52
FR 8893, Mar. 20, 1987. Redesignated by USCG-2001-9286, 66 FR 33642,
June 25, 2001]
Sec. 165.1106 San Diego Bay, California--safety zone.
(a) The waters of San Diego Bay enclosed by the following boundaries
are a safety zone:
From a point located on the boundary of Coast Guard Air Station San
Diego, California at latitude 32[deg]43[min]37.2[sec] N, longitude
117[deg]10[min]45.0[sec] W (point A), for a point of beginning; thence
southeasterly to latitude 32[deg]43[min]36.2[sec] N, longitude
117[deg]10[min]41.5[sec] W (point B); thence southwesterly to latitude
32[deg]43[min]20.2[sec] N, longitude 117[deg]10[min]49.5[sec] W (point
C); thence northwesterly to latitude 32[deg]43[min]25.7[sec] N,
longitude 117[deg]11[min]04.6[sec] W (point D); thence northeasterly to
latitude 32[deg]43[min]35.7[sec] N, longitude 117[deg]10[min]59.5[sec] W
(point E); thence generally easterly along the air station boundary to
the point of beginning (point A).
(b)(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry into the area of this zone is prohibited unless
authorized by the Captain of the Port, except as provided for below.
(2) Vessels may transit the area of this safety zone without
permission, but may not anchor, stop, remain within the zone, or
approach within 100 yards (92 meters) of the land area of Coast Guard
Air Station San Diego or structures attached thereto.
[CGD 85-034, 50 FR 14703, Apr. 15, 1985 and COTP San Diego Reg. 85-06,
50 FR 38003, Sept. 19, 1985. Redesignated by USCG-2001-9286, 66 FR
33642, June 25, 2001]
Sec. 165.1107 San Diego Bay, California.
(a) Location. The area encompassed by the following geographic
coordinates is a regulated navigation area:
32[deg]41[min]24.6[sec] N 117[deg]14[min]21.9[sec] W
32[deg]41[min]34.2[sec] N 117[deg]13[min]58.5[sec] W
32[deg]41[min]34.2[sec] N 117[deg]13[min]37.2[sec] W
Thence south along the shoreline to
32[deg]41[min]11.2[sec] N 117[deg]13[min]31.3[sec] W
32[deg]41[min]11.2[sec] N 117[deg]13[min]58.5[sec] W
Thence north along the shoreline to the point of origin.
Datum: NAD 1983.
(b) Regulations. (1) During submarine docking/undocking operations
at the U.S. Naval Submarine Base on Ballast Point, San Diego Bay,
California, mariners transiting within the regulated navigation area
shall proceed at a speed that generates no wake from their vessel.
(2) The Coast Guard will issue a Broadcast Notice to Mariners, and
if time permits a Local Notice to Mariners, to inform the maritime
community of the dates and times of the submarine docking/undocking
operations covered by paragraph (b)(1).
(3) The master and/or operator of a vessel within the regulated
navigation area shall comply with any other orders or directions issued
by the Coast
[[Page 756]]
Guard as required for the safety of the submarine docking/undocking
operations covered by paragraph (b)(1).
[CGD11-90-07, 56 FR 14645, Apr. 11, 1991; 56 FR 40360, Aug. 14, 1991, as
amended by USCG-1998-3799, 63 FR 35533, June 30, 1998. Redesignated by
USCG-2001-9286, 66 FR 33642, June 25, 2001]
Sec. 165.1108 Security Zones; Cruise Ships, Port of San Diego,
California.
(a) Definition. ``Cruise ship'' as used in this section means a
passenger vessel, except for a ferry, 100 gross tons or more, authorized
to carry more than 12 passengers for hire; capable of making
international voyages lasting more than 24 hours, any part of which is
on the high seas; and for which passengers are embarked, disembarked or
at a port of call in the San Diego port.
(b) Location. The following areas are security zones:
(1) All waters, extending from the surface to the sea floor, within
a 100 yard radius around any cruise ship that is anchored at a
designated anchorage within the San Diego port area inside the sea buoys
bounding the port of San Diego.
(2) The shore area and all waters, extending from the surface to the
sea floor, within a 100 yard radius around any cruise ship that is
moored at any berth within the San Diego port area inside the sea buoys
bounding the Port of San Diego; and
(3) All waters, extending from the surface to the sea floor, within
a 100 yard radius around any cruise ship that is underway on the waters
inside the sea buoys bounding the Port of San Diego.
(c) Regulations. (1) In accordance with the general regulation in
Sec. 165.33 of the part, entry into or remaining in these zones is
prohibited unless authorized by the Coast Guard Captain of the Port, San
Diego or his designated representative.
(2) Persons desiring to transit the area of the security zones may
contact the Captain of the Port at telephone number (619) 683-6495 or on
VHF-FM channel 16 (156.8 MHz) to seek permission to transit the area. If
permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port or his or her designated
representative.
(d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
(e) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the security zones by the San Diego Harbor Police.
[COTP San Diego 02-026, 68 FR 1008, Jan. 8, 2003]
Sec. 165.1110 Security Zone: Coronado Bay Bridge, San Diego, CA.
(a) Location. All navigable waters of San Diego Bay, from the
surface to the sea floor, within 25 yards of all piers, abutments,
fenders and pilings of the Coronado Bay Bridge. These security zones
will not restrict the main navigational channel nor will it restrict
vessels from transiting through the channel.
(b) Regulations. (1) Under Sec. 165.33, entry into, transit
through, loitering, or anchoring within any of these security zones by
all persons and vessels is prohibited, unless authorized by the Captain
of the Port, or his designated representative. Mariners seeking
permission to transit through a security zone may request authorization
to do so from Captain of the Port or his designated representative. The
Coast Guard can be contacted on San Diego Bay via VHF-FM channel 16.
(2) Vessels may enter a security zone if it is necessary for safe
navigation and circumstances do not allow sufficient time to obtain
permission from the Captain of the Port.
[COTP San Diego 04-015, 69 FR 43915, July 23, 2004]
Sec. 165.1120 Security Zone; Naval Amphibious Base, San Diego, CA.
(a) Location. The following area is a security zone: the waters of
San Diego Bay, enclosed by lines connecting the following points:
Beginning at 32[deg]40[min]30.0[sec] N, 117[deg]10[min]03.0[sec] W
(Point A); thence running northeasterly to 32[deg]40[min]54.0[sec] N,
117[deg]09[min]35.5[sec] W (Point B); thence running northeasterly to
32[deg]40[min]55.0[sec] N, 117[deg]09[min]27.0[sec] W (Point C); thence
running southeasterly to 32[deg]40[min]43.0[sec] N,
117[deg]09[min]09.0[sec] W (Point D); thence running southerly to
32[deg]40[min]39.0[sec] N, 117[deg]09[min]08.0[sec] (Point E); thence
running
[[Page 757]]
southwesterly to 32[deg]40[min]30.0[sec] N, 117[deg]09[min]12.9[sec] W
(Point F); thence running a short distance to 32[deg]40[min]29.0[sec] N,
117[deg]09[min]14.0[sec] W (Point G); thence running southwesterly to
32[deg]40[min]26.0[sec] N, 117[deg]09[min]17.0[sec] W (Point H); thence
running northwesterly to the shoreline to 32[deg]40[min] 31.0[sec] N,
117[deg]09[min] 22.5[sec] W (Point I), thence running along the
shoreline to the beginning point.
(b) Regulations. In accordance with the general regulations in Sec.
165.33 of this part, entry into the area of this zone is prohibited
unless authorized by the Captain of the Port or the Commander, Navy
Region Southwest.
(c) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of this security zone by the U.S. Navy.
[CGD11-01-011, 67 FR 4661, Jan. 31, 2002]
Sec. 165.1121 Security Zone: Fleet Supply Center Industrial Pier,
San Diego, CA.
(a) Location. The following area is a security zone: the waters of
San Diego Bay extending approximately 100 feet from the north, west, and
south sides of the Fleet Industrial Supply Center enclosed by lines
connecting the following points: Beginning at 32[deg]42[min]50[sec] N,
117[deg]10[min]25[sec] W (Point A); to 32[deg]42[min]50[sec] N,
117[deg]10[min]38[sec] W (Point B); to 32[deg]42[min]54[sec] N,
117[deg]10[min]38[sec] W (Point C); to 32[deg]42[min]54[sec] N,
117[deg]10[min]25[sec] W (Point D).
(b) Regulations. In accordance with the general regulations in Sec.
165.33, entry into the area of this zone is prohibited unless authorized
by the Captain of the Port or the Commander, Navy Region Southwest.
Section 165.33 also contains other general requirements.
(c) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of this security zone by the U.S. Navy.
[CGD11-01-008, 67 FR 4660, Jan. 31, 2002]
Sec. 165.1131 Security Zone: Wilson Cove, San Clemente Island,
California.
(a) Location. The following area is a security zone: The water area
adjacent to San Clemente Island, California within 1.5 nautical miles
(1.73 statute miles, 2.8 kilometers) of the shoreline of San Clemente
Island from Wilson Cove North End Light (LLNR 2565) to Spruce Pier,
approximately 4.1 nautical miles (4.7 statute miles, 7.65 kilometers)
southeast of Wilson Cove North End Light, described as follows:
Starting at a point on the shoreline of San Clemente Island,
California, in position 33[deg]01[min]25.0[sec] N,
118[deg]33[min]43.0[sec] W, for a place of beginning (point A), thence
northeasterly to 33[deg]02[min]11.0[sec] N, 118[deg]32[min]13.5[sec] W
(point B), thence southeasterly to 32 [deg]58[min]40.5[sec] N,
118[deg]29[min]15.5[sec] W (point C), thence southwesterly to
32[deg]57[min]54.0[sec] N, 118[deg]31[min]17.2[sec] W (point D), thence
northwesterly along the shoreline of San Clemente Island to the place of
beginning.
(b) Regulations. In accordance with the general regulations in Sec.
165.33 of this part, entry into the area of this zone is prohibited
unless authorized by the Captain of the Port, San Diego, California.
Section 165.33 also contains other general requirements.
[COTP San Diego Reg. 87-04, 52 FR 18230, May 14, 1987. Redesignated by
USCG-2001-9286, 66 FR 33642, June 25, 2001]
Sec. 165.1151 Security Zones; liquefied hazardous gas tank vessels,
San Pedro Bay, California.
(a) Definition. ``Liquefied Hazardous Gas'' as used in this section
means a liquid containing one or more of the products listed in Table
127.005 of this part that is carried in bulk on board a tank vessel as
liquefied petroleum gas, liquefied natural gas, or similar liquefied gas
products.
(b) Location. The following areas are security zones:
(1) All waters, extending from the surface to the sea floor, within
a 500 yard radius around any liquefied hazardous gas (LHG) tank vessel
that is anchored at a designated anchorage either inside the Federal
breakwaters bounding San Pedro Bay or outside at designated anchorages
within three nautical miles of the breakwater;
(2) The shore area and all waters, extending from the surface to the
sea floor, within a 500 yard radius around any LHG tank vessel that is
moored, or in the process of mooring, at any berth within the Los
Angeles or Long Beach port areas inside the Federal breakwaters bounding
San Pedro Bay;
[[Page 758]]
(3) All waters, extending from the surface to the sea floor, within
1000 yards ahead and 500 yards on each side and astern of any LHG tank
vessel that is underway either on the waters inside the Federal
breakwaters bounding San Pedro Bay or on the waters within three
nautical miles seaward of the Federal breakwaters.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into or remaining in these zones is
prohibited unless authorized by the Coast Guard Captain of the Port Los
Angeles-Long Beach, or his or her designated representative.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number (800) 221-USCG
(8724) or on VHF-FM channel 16 (156.8 MHz) to seek permission to transit
the area. If permission is granted, all persons and vessels shall comply
with the instructions of the Captain of the Port or his or her
designated representative.
(3) When any LHG tank vessels approach within 500 yards of a vessel
that is moored or anchored, the stationary vessel must stay moored or
anchored while it remains within the LHG tank vessel's security zone
unless it is either ordered by or given permission from the Captain of
the Port Los Angeles-Long Beach to do otherwise.
(d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
(e) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of these security zones by the Los Angeles Port Police
and the Long Beach Police Department.
[COTP Los Angeles-Long Beach 02-005, 68 FR 13233, Mar. 19, 2003]
Sec. 165.1152 San Pedro Bay, California--Regulated navigation area.
(a) Applicability. This section applies to all vessels unless
otherwise specified. (Note: All geographic coordinates are defined using
North American Datum 1983 (NAD 83)).
(b) Deviations. The Captain of the Port of Los Angeles-Long Beach or
his or her designated representative may authorize a deviation from the
requirements of this regulation when it is deemed necessary in the
interests of safety.
(c) Location. (1) The San Pedro Bay Regulated Navigation Area (RNA)
consists of the water area enclosed by the Los Angeles-Long Beach
breakwater and a line connecting Point Fermin Light at 33[deg]42.30[min]
N, 118[deg]17.60[min] W, with the following geographical positions:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
33[deg]35.50[min] N...................... 118[deg]17.60[min] W
33[deg]35.50[min] N...................... 118[deg]09.00[min] W
33[deg]37.70[min] N...................... 118[deg]06.50[min] W
33[deg]43.40[min] N...................... 118[deg]10.80[min] W
------------------------------------------------------------------------
(2) The San Pedro Bay RNA consists of the following named sub-areas,
defined by lines connecting their respective geographic coordinates:
(i) The Los Angeles Pilot Area:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
33[deg]42.50[min] N................. 118[deg]15.10[min] W
(Los Angeles Light)
33[deg]42.62[min] N................. 118[deg]14.70[min] W
33[deg]41.30[min] N................. 118[deg]13.50[min] W
33[deg]40.85[min] N................. 118[deg]14.90[min] W
33[deg]42.50[min] N................. 118[deg]15.10[min] W
------------------------------------------------------------------------
(ii) The Long Beach Pilot Area:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
33[deg]43.40[min] N................. 118[deg]11.20[min] W
(Long Beach Light)
33[deg]43.40[min] N................. 118[deg]10.80[min] W
33[deg]41.50[min] N................. 118[deg]10.22[min] W
33[deg]40.52[min] N................. 118[deg]10.22[min] W
33[deg]40.52[min] N................. 118[deg]11.82[min] W
33[deg]41.50[min] N................. 118[deg]11.82[min] W
33[deg]43.40[min] N................. 118[deg]11.20[min] W
------------------------------------------------------------------------
(iii) The Los Angeles Deep Water Traffic Lane:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
33[deg]42.47[min] N...................... 118[deg]14.95[min] W
33[deg]42.56[min] N...................... 118[deg]14.75[min] W
33[deg]39.48[min] N...................... 118[deg]13.32[min] W
33[deg]39.42[min] N...................... 118[deg]13.55[min] W
33[deg]42.47[min] N...................... 118[deg]14.95[min] W
------------------------------------------------------------------------
(iv) The Long Beach Deep Water Traffic Lane:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
33[deg]43.43[min] N...................... 118[deg]11.15[min] W
33[deg]43.39[min] N...................... 118[deg]10.90[min] W
33[deg]41.51[min] N...................... 118[deg]10.71[min] W
33[deg]41.50[min] N...................... 118[deg]10.95[min] W
33[deg]43.43[min] N...................... 118[deg]11.15[min] W
------------------------------------------------------------------------
(v) Los Angeles Deep Water Pilot Area: A 0.5nm radius around
33[deg]39.00[min] N, 118[deg]13.19[min] W.
[[Page 759]]
(d) General regulations. The following regulations contained in
paragraphs (d)(1) through (d)(3) of this section apply to power driven
vessels of 1600 or more gross tons, a towing vessel of 8 meters
(approximately 26 feet) or over in length engaged in towing, or vessels
of 100 gross tons and upward carrying one or more passengers for hire.
(1) A vessel shall not exceed a speed of 12 knots through the water
within the RNA.
(2) A vessel navigating within the RNA, shall have its engine(s)
ready for immediate maneuver and shall operate its engine(s) in a
control mode and on fuel that will allow for an immediate response to
any engine order, ahead or astern, including stopping its engine(s) for
an extended period of time.
(3) A vessel navigating within the RNA shall maintain a minimum
separation from other vessels of at least 0.25 nm.
(e) Specific regulations--(1) Los Angeles Pilot Area. (i) No vessel
may enter the Los Angeles Pilot Area unless it is entering or departing
Los Angeles Harbor entrance (Angels Gate).
(ii) Vessels entering the Los Angeles Pilot Area shall pass directly
through without stopping or loitering except as necessary to embark or
disembark a pilot.
(2) Long Beach Pilot Area. (i) No vessel may enter the Long Beach
Pilot Area unless it is entering or departing Long Beach Harbor entrance
(Queens Gate).
(ii) Vessels entering the Long Beach Pilot Area shall pass directly
through without stopping or loitering except as necessary to embark or
disembark a pilot.
(iii) Every vessel shall leave Long Beach Approach Lighted Whistle
Buoy ``LB'' to port when entering and departing Long Beach Channel and
departing vessels shall pass across the southern boundary of the Long
Beach Pilot Area.
(3) Los Angeles and Long Beach Deep Water Traffic Lanes. When a
vessel of 50 foot draft or greater is using the Los Angeles or Long
Beach Deep Water Traffic Lane no other vessel shall enter the Deep Water
Traffic Lane if it will result in a meeting, crossing or overtaking
situation.
(4) Los Angeles Deep Water Pilot Area. When a vessel of 50 foot
draft or greater is embarking or disembarking a pilot in the Los Angeles
Deep Water Pilot Area no other vessel shall enter the Deep Water Pilot
Area.
(5) Vessels described in paragraph (d) of this section may not enter
the waters between Commercial Anchorage G and the Middle Breakwater as
defined by an area enclosed by the line beginning at Los Angeles Main
Channel Entrance Light 2 (33[deg]42.70[min] N, 118[deg]14.70[min] W),
thence east along the Middle Breakwater to Long Beach Light
(33[deg]43.40[min] N, 118[deg]11.20[min] W), thence south to
(33[deg]43.08[min] N, 118[deg]11.26[min] W), thence westerly to
(33[deg]43.08[min] N, 118[deg]12.26[min] W), thence southwesterly
parallel to the breakwater to (33[deg]42.43[min] N, 118[deg]14.30[min]
W), thence to the point of origin, unless such vessel is:
(i) In an emergency;
(ii) Proceeding to anchor in or departing Commercial Anchorage G;
(iii) Standing by with confirmed pilot boarding arrangements; or,
(iv) Engaged in towing vessels to or from Commercial Anchorage G, or
to or from the waters between Commercial Anchorage G and the Middle
Breakwater.
[CGD11-00-007, 65 FR 62294, Oct. 18, 2000. Redesignated by USCG-2001-
9286, 66 FR 33642, June 25, 2001]
Sec. 165.1154 Security Zones; Cruise Ships, San Pedro Bay, California.
(a) Definition. ``Cruise ship'' as used in this section means a
passenger vessel, except for a ferry, over 100 feet in length,
authorized to carry more than 12 passengers for hire; making voyages
lasting more than 24 hours, any part of which is on the high seas; and
for which passengers are embarked or disembarked in the Port of Los
Angeles or Port of Long Beach.
(b) Location. The following areas are security zones:
(1) All waters, extending from the surface to the sea floor, within
a 100 yard radius around any cruise ship that is anchored at a
designated anchorage either inside the Federal breakwaters bounding San
Pedro Bay or outside at designated anchorages within 3 nautical miles of
the Federal breakwaters;
(2) The shore area and all waters, extending from the surface to the
sea
[[Page 760]]
floor, within a 100 yard radius around any cruise ship that is moored,
or is in the process of mooring, at any berth within the Los Angeles or
Long Beach port areas inside the Federal breakwaters bounding San Pedro
Bay; and
(3) All waters, extending from the surface to the sea floor, within
200 yards ahead, and 100 yards on each side and astern of a cruise ship
that is underway either on the waters inside the Federal breakwaters
bounding San Pedro Bay or on the waters within 3 nautical miles seaward
of the Federal breakwaters.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into or remaining in these zones is
prohibited unless authorized by the Coast Guard Captain of the Port, Los
Angeles-Long Beach, or his designated representative.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number 1-800-221-USCG
(8724) or on VHF-FM channel 16 (156.8 MHz) to seek permission to transit
the area. If permission is granted, all persons and vessels must comply
with the instructions of the Captain of the Port or his or her
designated representative.
(3) When a cruise ship approaches within 100 yards of a vessel that
is moored, or anchored, the stationary vessel must stay moored or
anchored while it remains within the cruise ship's security zone unless
it is either ordered by, or given permission from, the COTP Los Angeles-
Long Beach to do otherwise.
(d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
(e) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the security zone by the Los Angeles Port Police and
the Long Beach Police Department.
[COTP Los Angeles-Long Beach 02-004, 67 FR 72563, Dec. 6, 2002]
Sec. 165.1155 Security Zone; Diablo Canyon Nuclear Power Plant, Avila
Beach, California.
(a) Location. The following area is a security zone: all waters of
the Pacific Ocean, from surface to bottom, within a 2,000 yard radius of
Diablo Canyon Nuclear Power Plant centered at position
35[deg]12[min]23[sec] N, 120[deg]51[min]23[sec] W. [Datum: NAD 83].
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into or remaining in this zone is
prohibited unless authorized by the Coast Guard Captain of the Port, Los
Angeles-Long Beach, or his or her designated representative.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number 1-800-221-8724 or on
VHF-FM channel 16 (156.8 MHz). If permission is granted, all persons and
vessels must comply with the instructions of the Captain of the Port or
his or her designated representative.
(c) Authority. In addition to 33 U.S.C. 1231, the authority for this
section includes 33 U.S.C. 1226.
[COTP Los Angeles-Long Beach 02-006, 67 FR 77430, Dec. 18, 2002]
Sec. 165.1156 Safety Zone; Offshore Marine Terminal, El Segundo, CA.
(a) Location. The following area is a safety zone: All waters of
Santa Monica Bay, from surface to bottom, enclosed by a line beginning
at latitude 33[deg]54[min]59[sec] N, longitude 118[deg]26[min]50[sec] W;
then to latitude 33[deg]54[min]59[sec] N, longitude
118[deg]27[min]34[sec] W; then to latitude 33[deg]54[min]00[sec] N,
longitude 118[deg]27[min]34[sec] W; then to latitude
33[deg]54[min]00[sec] N, longitude 118[deg]26[min]50[sec] W; then to the
point of beginning (NAD 1983).
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into or movement within this zone is
prohibited except for:
(i) Commercial vessels authorized to use the offshore marine
terminal for loading or unloading;
(ii) Commercial tugs, lighters, barges, launches, or other vessels
authorized to engage in servicing the offshore marine terminal or
vessels therein;
(iii) Public vessels of the United States.
(2) Persons desiring to transit the area of the safety zone may
contact the Captain of the Port at telephone number 1-800-221-8724 or on
VHF-FM channel 16 (156.8 MHz). If permission is granted, all persons and
vessels must comply with the instructions of the
[[Page 761]]
Captain of the Port or his or her designated representative.
(3) Nothing in this section shall be construed as relieving the
owner or person in charge of any vessel from complying with the
Navigation Rules as defined in 33 CFR chapter I, subchapters D and E and
safe navigation practice.
[COTP Los Angeles-Long Beach, 03-002, 70 FR 30640, May 27, 2005]
Sec. 165.1171 Copper Canyon, Lake Havasu, Colorado River--Regulated
Navigation Area.
(a) Location. The following is a regulated navigation area:
(1) In the water area of Copper Canyon, Lake Havasu, Colorado River,
beginning at the approximate center of the mouth of Copper Canyon and
drawing a line down the approximate center of the canyon extending
shoreward to the end of the navigable waters of the canyon, and
comprising a semi-rectangular area extending 30 feet on each side of the
line, for a total semi-rectangular width of 60 feet.
(2) This line is more precisely described as: beginning at latitude
34[deg]25[min]67.6[sec] N, longitude 114[deg]18[min]38.5[sec] W, thence
southwesterly to latitude 34[deg]25[min]64[sec] N, longitude
114[deg]18[min]45.7[sec] W, thence northwesterly to latitude
34[deg]25[min]65.6[sec] N, longitude 114[deg]18[min]46.7[sec] W, thence
southeasterly to latitude 34[deg]25[min]60.7[sec] N, longitude
114[deg]18[min]42.7[sec] W, thence southwesterly to longitude
34[deg]25[min]51.4[sec] N, latitude 114[deg]18[min]46.2[sec] W, thence
southeasterly to latitude 34[deg]25[min]47.1[sec] N, longitude
114[deg]18[min]49.4[sec] W, thence to the end of the navigable waters of
the canyon.
(b) Definitions. For the purposes of this section:
(1) Vessel: Every description of watercraft, used or capable of
being used as a means of transportation on the water, and regardless of
mode of power.
(2) Patrol Vessel: Vessels designated by the Captain of the Port,
San Diego, to enforce or assist in enforcing these regulations,
including Coast Guard, Coast Guard Auxiliary, and San Bernardino County
Sheriff's Department Vessels.
(c) Regulations. (1) Vessels, with the exception of patrol vessels,
shall not anchor, moor, loiter in, or otherwise impede the transit of
any other vessel within the regulated navigation area. Furthermore, all
vessels, with the exception of patrol vessels, shall expeditiously and
continuously transit the regulated navigation area via the most direct
route consistent with navigational safety.
(2) During periods of vessels congestion within the Copper Canyon
area, as determined by the Captain of the Port or his or her designated
on-scene representative, the regulated navigation area will be closed to
all vessels, with the exception of patrol vessels. During designated
closure periods, no vessel may enter, remain in, or transit through the
regulated navigation area, with the exception of patrol vessels.
Designation of periods of vessel congestion and announcement of the
closure of the regulated navigation area will be conducted by broadcast
notices to mariners on VHF-FM Channel 16 no less frequently than every
hour for the duration of the closure period.
(3) Each person in the regulated navigation area shall comply with
the directions of the Captain of the Port or his or her designated on-
scene representative regarding vessel operation.
[CGD11-97-010, 63 FR 38308, July 16, 1998. Redesignated by USCG-2001-
9286, 66 FR 33642, June 25, 2001]
Sec. 165.1181 San Francisco Bay Region, California--regulated
navigation area.
(a) Applicability. This section applies to all ressels unless
otherwise specified.
(b) Deviations. The Captain of the Port, San Francisco Bay, or the
Commanding Officer, Vessel Traffic Service San Francisco, as a
representative of the Captain of the Port, may authorize a deviation
from the requirements of this regulation when it is deemed necessary in
the interests of safety.
(c) Regulated Navigation Areas--(1) San Francisco Bay RNA. (i) The
following is a regulated navigation area--The waters bounded by a line
connecting the following coordinates, beginning at:
37[deg]47[min]18[sec] N, 122[deg]30[min]22[sec] W; thence to
37[deg]48[min]55[sec] N, 122[deg]31[min]41[sec] W; thence along the
shoreline to 37[deg]50[min]38[sec] N, 122[deg]28[min]37[sec] W; thence
to 37[deg]50[min]59[sec] N,
[[Page 762]]
122[deg]28[min]00[sec] W; thence to 37[deg]51[min]45[sec] N,
122[deg]27[min]28[sec] W; thence to 37[deg]52[min]58[sec] N,
122[deg]26[min]06[sec] W; thence to 37[deg]51[min]53[sec] N,
122[deg]24[min]58[sec] W; thence to 37[deg]51[min]53[sec] N,
122[deg]24[min]00[sec] W; thence to 37[deg]51[min]40[sec] N,
122[deg]23[min]48[sec] W; thence to 37[deg]49[min]22[sec] N,
122[deg]23[min]48[sec] W; thence to 37[deg]48[min]20[sec] N,
122[deg]22[min]12[sec] W; thence to 37[deg]47[min]02[sec] N,
122[deg]21[min]33[sec] W; thence to 37[deg]47[min]02[sec] N,
122[deg]23[min]04[sec] W; thence along the shoreline to the point of
beginning.
Datum: NAD 83
(ii) The San Francisco Bay RNA consists of the following defined
sub-areas:
(A) Golden Gate Traffic Lanes--(1) Westbound traffic lane: Bounded
by the Golden Gate precautionary area and the COLREGS Demarcation Line
(33 CFR 80.1142), between the separation zone and a line connecting the
following coordinates:
37[deg]48[min]30[sec] N, 122[deg]31[min]22[sec] W; thence to
37[deg]49[min]03[sec] N, 122[deg]29[min]52[sec] W.
Datum: NAD 83
(2) Eastbound traffic lane. Bounded by the COLREGS Demarcation Line
(33 CFR 80.1142) and the Golden Gate precautionary area, between the
separation zone and a line connecting the following coordinates:
37[deg]47[min]50[sec] N, 122[deg]30[min]48[sec] W; thence to
37[deg]48[min]30[sec] N, 122[deg]29[min]29[sec] W.
Datum: NAD 83
(3) Golden Gate Separation Zone: The area 75 yards each side of a
line connecting the following coordinates:
37[deg]48[min]08[sec] N, 122[deg]31[min]05[sec] W; thence to
37[deg]48[min]46[sec] N, 122[deg]29[min]40[sec] W.
Datum: NAD 83
(B) Golden Gate Precautionary Area: An area bounded by a line
connecting the following coordinates beginning at:
37[deg]48[min]30[sec] N, 122[deg]29[min]29[sec] W; thence to
37[deg]48[min]52[sec] N, 122[deg]28[min]41[sec] W; thence to
37[deg]48[min]52[sec] N, 122[deg]27[min]49[sec] W; thence to
37[deg]49[min]36[sec] N, 122[deg]27[min]46[sec] W; thence to
37[deg]49[min]55[sec] N, 122[deg]28[min]09[sec] W; thence to
37[deg]49[min]28[sec] N, 122[deg]28[min]45[sec] W; thence to
37[deg]49[min]03[sec] N, 122[deg]29[min]52[sec] W; thence returning to
the point of beginning.
Datum: NAD 83
(C) Central Bay Traffic Lanes--(1) Westbound traffic lane: Bounded
by the Central Bay precautionary area and the Golden Gate precautionary
area, between the Central Bay and the Deep Water Traffic Lane separation
zones.
(2) Eastbound traffic lane: Bounded by the Golden Gate precautionary
area and the Central Bay precautionary area, between the Central Bay
Separation Zone and a line connecting the following coordinates,
beginning at:
37[deg]48[min]41[sec] N, 122[deg]25[min]17[sec] W; thence to
37[deg]48[min]50[sec] N, 122[deg]26[min]14[sec] W; thence to
37[deg]48[min]52[sec] N, 122[deg]27[min]49[sec] W.
Datum: NAD 83
(3) Deep Water (two-way) Traffic Lane: Bounded by the Central Bay
precautionary area and the Golden Gate precautionary area, between the
Deep Water Traffic Lane separation zone and a line connecting the
following coordinates, beginning at:
37[deg]49[min]55[sec] N, 122[deg]28[min]09[sec] W; thence to
37[deg]50[min]36[sec] N, 122[deg]27[min]12[sec] W; thence to
37[deg]50[min]47[sec] N, 122[deg]26[min]26[sec] W.
Datum: NAD 83
(D) Central Bay Separation Zone: The area 75 yards each side of a
line connecting the following coordinates, beginning at:
37[deg]49[min]17[sec] N, 122[deg]27[min]47[sec] W; thence to
37[deg]49[min]35[sec] N, 122[deg]25[min]25[sec] W.
Datum: NAD 83
(E) Deep Water Traffic Lane Separation Zone: The area 75 yards each
side of a line connecting the following coordinates, beginning at:
37[deg]49[min]36[sec] N, 122[deg]27[min]46[sec] W; thence to
37[deg]50[min]22[sec] N, 122[deg]26[min]49[sec] W; thence to
37[deg]50[min]25[sec] N, 122[deg]26[min]22[sec] W.
Datum: NAD 83
(F) Central Bay Precautionary Area: An area bounded by a line
connecting the following coordinates, beginning at:
37[deg]48[min]41[sec] N, 122[deg]25[min]17[sec] W; thence to
37[deg]49[min]32[sec] N, 122[deg]25[min]13[sec] W; thence to
37[deg]50[min]25[sec] N, 122[deg]26[min]22[sec] W; thence to
37[deg]50[min]47[sec] N, 122[deg]26[min]26[sec] W; thence to
37[deg]51[min]04[sec] N, 122[deg]24[min]58[sec] W; thence to
37[deg]51[min]53[sec] N, 122[deg]24[min]58[sec] W; thence to
37[deg]51[min]53[sec] N, 122[deg]24[min]00[sec] W; thence to
37[deg]51[min]40[sec] N, 122[deg]23[min]48[sec] W; thence to
37[deg]49[min]22[sec] N, 122[deg]23[min]48[sec] W; thence to
37[deg]48[min]20[sec] N, 122[deg]22[min]12[sec] W; thence
to37[deg]47[min]02[sec] N, 122[deg]21[min]33[sec] W; thence to
37[deg]47[min]02[sec] N, 122[deg]23[min]04[sec] W; thence returning
along the shoreline to the point of beginning.
Datum: NAD 83
(2) North Ship Channel RNA. The following is a regulated navigation
area--
[[Page 763]]
The waters bounded by a line connecting the following coordinates,
beginning at:
37[deg]51[min]53[sec] N, 122[deg]24[min]58[sec] W; thence to
37[deg]54[min]15[sec] N, 122[deg]27[min]27[sec] W; thence to
37[deg]56[min]06[sec] N, 122[deg]26[min]49[sec] W; thence to
37[deg]56[min]06[sec] N, 122[deg]26[min]34[sec] W; thence to
37[deg]54[min]48[sec] N, 122[deg]26[min]42[sec] W; thence to
37[deg]54[min]02[sec] N, 122[deg]26[min]10[sec] W; thence to
37[deg]51[min]53[sec] N, 122[deg]24[min]00[sec] W; thence to returning
to the point of beginning.
Datum: NAD 83
(3) San Pablo Strait Channel RNA. The following is a regulated
navigation area--The waters bounded by a line connecting the following
coordinates, beginning at:
37[deg]56[min]06[sec] N, 122[deg]26[min]49[sec] W; thence to
37[deg]57[min]26[sec] N, 122[deg]27[min]21[sec] W; thence to
38[deg]00[min]48[sec] N, 122[deg]24[min]45[sec] W; thence to
38[deg]01[min]54[sec] N, 122[deg]22[min]24[sec] W; thence to
38[deg]01[min]44[sec] N, 122[deg]22[min]18[sec] W; thence to
37[deg]57[min]37[sec] N, 122[deg]26[min]23[sec] W; thence to
37[deg]56[min]06[sec] N, 122[deg]26[min]34[sec] W; thence returning to
the point of beginning.
Datum: NAD 83
(4) Pinole Shoal Channel RNA. The following is a regulated
navigation area--The waters bounded by a line connecting the following
coordinates, beginning at:
38[deg]01[min]54[sec] N, 122[deg]22[min]25[sec] W; thence to
38[deg]03[min]13[sec] N, 122[deg]19[min]50[sec] W; thence to
38[deg]03[min]23[sec] N, 122[deg]18[min]31[sec] W; thence to
38[deg]03[min]13[sec] N, 122[deg]18[min]29[sec] W; thence to
38[deg]03[min]05[sec] N, 122[deg]19[min]28[sec] W; thence to
38[deg]01[min]44[sec] N, 122[deg]22[min]18[sec] W; thence returning to
the point of beginning.
Datum: NAD 83
(5) Benicia-Martinez Railroad Drawbridge Regulated Navigation Area
(RNA): The following is a regulated navigation area--The waters bounded
by the following longitude lines:
(i) 122[deg]13[min]31[sec] W (coinciding with the charted location
of the Carquinez Bridge)
(ii) 121[deg]53[min]17[sec] W (coinciding with the charted location
of New York Point)
Datum: NAD 83
(6) Southampton Shoal Channel/Richmond Harbor RNA: The following,
consisting of two distinct areas, is a regulated navigation area--
(i) The waters bounded by a line connecting the following
coordinates, beginning at:
37[deg]54[min]17[sec] N, 122[deg]22[min]00[sec] W; thence to
37[deg]54[min]08[sec] N, 122[deg]22[min]00[sec] W; thence to
37[deg]54[min]15[sec] N, 122[deg]23[min]12[sec] W; thence to
37[deg]54[min]30[sec] N, 122[deg]23[min]09[sec] W; thence along the
shoreline to the point of beginning.
Datum: NAD 83
(ii) The waters bounded by a line connecting the following
coordinates, beginning at:
37[deg]54[min]28[sec] N, 122[deg]23[min]36[sec] W; thence to
37[deg]54[min]20[sec] N, 122[deg]23[min]38[sec] W; thence to
37[deg]54[min]23[sec] N, 122[deg]24[min]02[sec] W; thence to
37[deg]54[min]57[sec] N, 122[deg]24[min]51[sec] W; thence to
37[deg]55[min]05[sec] N, 122[deg]25[min]02[sec] W; thence to
37[deg]54[min]57[sec] N, 122[deg]25[min]22[sec] W; thence to
37[deg]53[min]26[sec] N, 122[deg]25[min]03[sec] W; thence to
37[deg]53[min]24[sec] N, 122[deg]25[min]13[sec] W; thence to
37[deg]55[min]30[sec] N, 122[deg]25[min]35[sec] W; thence to
37[deg]55[min]40[sec] N, 122[deg]25[min]10[sec] W; thence to
37[deg]54[min]54[sec] N, 122[deg]24[min]30[sec] W; thence to
37[deg]54[min]30[sec] N, 122[deg]24[min]00[sec] W; thence returning to
the point of beginning.
Datum: NAD 83
(7) Oakland Harbor RNA: The following is a regulated navigation
area--The waters bounded by a line connecting the following coordinates,
beginning at:
37[deg]48[min]40[sec] N, 122[deg]19[min]58[sec] W; thence to
37[deg]48[min]50[sec] N, 122[deg]20[min]02[sec] W; thence to
37[deg]48[min]29[sec] N, 122[deg]20[min]39[sec] W; thence to
37[deg]48[min]13[sec] N, 122[deg]21[min]26[sec] W; thence to
37[deg]48[min]10[sec] N, 122[deg]21[min]39[sec] W; thence to
37[deg]48[min]20[sec] N, 122[deg]22[min]12[sec] W; thence to
37[deg]47[min]36[sec] N, 122[deg]21[min]50[sec] W; thence to
37[deg]47[min]52[sec] N, 122[deg]21[min]40[sec] W; thence to
37[deg]48[min]03[sec] N, 122[deg]21[min]00[sec] W; thence to
37[deg]47[min]48[sec] N, 122[deg]19[min]46[sec] W; thence to
37[deg]47[min]55[sec] N, 122[deg]19[min]43[sec] W; thence returning
along the shoreline to the point of the beginning.
Datum: NAD 83
(d) General regulations. (1) A power-driven vessel of 1600 or more
gross tons, or a tug with a tow of 1600 or more gross tons, navigating
within the RNAs defined in paragraph (c) of this section, shall not
exceed a speed of 15 knots through the water.
(2) A power-driven vessel of 1600 or more gross tons, or a tug with
a tow of 1600 or more gross tons, navigating within the RNAs defined in
paragraph (c) of this section, shall have its engine(s) ready for
immediate maneuver and shall operate its engine(s) in a control mode and
on fuel that will allow for an immediate response to any engine order,
ahead or astern, including
[[Page 764]]
stopping its engine(s) for an extended period of time.
(3) The master, pilot or person directing the movement of a vessel
within the RNAs defined in paragraph (c) of this regulation shall comply
with Rule 9 of the Inland Navigation Rules (INRs) (33 U.S.C. 2009) in
conjunction with the provisions of the associated INRs.
(e) Specific Regulations--(1) San Francisco Bay RNA: (i) A vessel
shall navigate with particular caution in a precautionary area, or in
areas near the terminations of traffic lanes or channels, as described
in this regulation.
(ii) A power-driven vessel of 1600 or more gross tons, or a tug with
a tow of 1600 or more gross tons, shall:
(A) Use the appropriate traffic lane and proceed in the general
direction of traffic flow for that lane;
(B) Use the Central Bay Deep Water Traffic Lane if eastbound with a
draft of 45 feet or greater or westbound with a draft of 28 feet or
greater;
(C) Not enter the Central Bay Deep Water Traffic Lane when another
power-driven vessel of 1600 or more gross tons or tug with a tow of 1600
or more gross tons is navigating therein when either vessel is:
(1) Carrying certain dangerous cargoes (as denoted in section
160.203 of this subchapter);
(2) Carrying bulk petroleum products; or
(3) A tank vessel in ballast if such entry would result in meeting,
crossing, or overtaking the other vessel.
(D) Normally join or leave a traffic lane at the termination of the
lane, but when joining or leaving from either side, shall do so at as
small an angle to the general direction of traffic flow as practicable;
(E) So far as practicable keep clear of the Central Bay Separation
Zone and the Deep Water Traffic Lane Separation Zone;
(F) Not cross a traffic lane separation zone unless crossing,
joining, or leaving a traffic lane.
(2) Pinole Shoal Channel RNA: (i) A vessel less than 1600 gross tons
or a tug with a tow of less than 1600 gross tons is not permitted within
this RNA.
(ii) A power-driven vessel of 1600 or more gross tons or a tug with
a tow of 1600 or more gross tons shall not enter Pinole Shoal Channel
RNA when another power-driven vessel of 1600 or more gross tons or tug
with a tow of 1600 or more gross tons is navigating therein if such
entry would result in meeting, crossing, or overtaking the other vessel,
when either vessel is:
(A) Carrying certain dangerous cargoes (as denoted in Sec. 160.203
of this subchapter);
(B) Carrying bulk petroleum products; or
(C) A tank vessel in ballast.
(iii) Vessels permitted to use this channel shall proceed at a
reasonable speed so as not to endanger other vessels or interfere with
any work which may become necessary in maintaining, surveying, or
buoying the channel, and they shall not anchor in the channel except in
case of a deviation authorized under paragraph (b) of this section.
(iv) This paragraph shall not be construed as prohibiting any
necessary use of the channel by any public vessels while engaged in
official duties, or in emergencies by pilot boats.
(3) Benicia-Martinez Railroad Drawbridge Regulated Navigation Area
(RNA)--(i) Eastbound vessels: (A) The master, pilot, or person directing
the movement of a power-driven vessel of 1600 or more gross tons or a
tug with a tow of 1600 or more gross tons traveling eastbound and
intending to transit under the lift span (centered at coordinates
38[deg]02[min]18[sec] N, 122[deg]07[min]17[sec] W) of the railroad
bridge across Carquinez Strait at mile 7.0 shall, immediately after
entering the RNA, determine whether the visibility around the lift span
is \1/2\ nautical mile or greater.
(B) If the visibility is less than \1/2\ nautical mile, or
subsequently becomes less than \1/2\ nautical mile, the vessel shall not
transit under the lift span.
(ii) Westbound vessels: (A) The master, pilot, or person directing
the movement of a power-driven vessel of 1600 or more gross tons or a
tug with a tow of 1600 or more gross tons traveling westbound and
intending to transit under the lift span (centered at coordinates
38[deg]02[min]18[sec] N, 122[deg]07[min]17[sec] W) of the railroad
bridge across Carquinez Strait at mile 7.0 shall, immediately after
entering the RNA determine whether the visibility around the lift span
is \1/2\ nautical mile or greater.
[[Page 765]]
(B) If the visibility is less than \1/2\ nautical mile, the vessel
shall not pass beyond longitude line 121[deg]55[min]19[sec] W
(coinciding with the charted position of the westernmost end of Mallard
Island) until the visibility improves to greater than \1/2\ nautical
mile around the lift span.
(C) If after entering the RNA visibility around the lift span
subsequently becomes less than \1/2\ nautical mile, the master, pilot,
or person directing the movement of the vessel either shall not transit
under the lift span or shall request a deviation from the requirements
of the RNA as prescribed in paragraph (b) of this section.
(D) Vessels that are moored or anchored within the RNA with the
intent to transit under the lift span shall remain moored or anchored
until visibility around the lift span becomes greater than \1/2\
nautical mile.
(4) Southampton Shoal/Richmond Harbor RNA: A power-driven vessel of
1600 or more gross tons, or a tug with a tow of 1600 or more gross tons,
shall not enter Southampton Shoal/Richmond Harbor RNA when another
power-driven vessel of 1600 or more gross tons, or a tug with a tow of
1600 or more gross tons, is navigating therein, if such entry would
result in meeting, crossing, or overtaking the other vessel.
(5) Oakland Harbor RNA: A power-driven vessel of 1600 or more gross
tons or a tug with a tow of 1600 or more gross tons shall not enter the
Oakland Harbor RNA when another power-driven vessel of 1600 or more
gross tons, or a tug with a tow of 1600 or more gross tons, is
navigating therein, if such entry would result in meeting, crossing, or
overtaking the other vessel.
[CGD11-94-007, 60 FR 16796, Apr. 3, 1995; 60 FR 30157, June 7, 1995.
Redesignated by USCG-2001-9286, 66 FR 33642, June 25, 2001, as amended
by USCG-2003-15404, 68 FR 37741, June 25, 2003; CGD11-03-001, 69 FR
2843, Jan. 21, 2004]
Sec. 165.1182 Safety/Security Zone: San Francisco Bay, San Pablo Bay,
Carquinez Strait, and Suisun Bay, CA.
(a) Regulated Area. The following area is established as a moving
safety/security zone:
(1) All waters 200 yards ahead and astern and 100 yards to each side
of every vessel transporting nuclear materials on behalf of the United
States Department of Energy while such vessels transit from a line drawn
between San Francisco Main Ship Channel buoys 7 and 8 (LLNR 4190 & 4195,
positions 37[deg]46.9[min] N, 122[deg]35.4[min] W & 37[deg]46.5[min] N,
122[deg]35.2[min] W, respectively) until safely moored at the Weapons
Support Facility Seal Beach Detachment Concord on Suisun Bay (position
38[deg]03.3[min] N, 122[deg]02.5[min] W). All coordinates referenced use
datum: NAD 1983.
(2) All waters within 100 yards of such vessels described in
paragraph (a)(1) of this section while such vessels are conducting cargo
operations at the Weapons Support Facility Seal Beach Detachment
Concord.
(b) Notification. Commander, Eleventh Coast Guard District, will
cause notice of the activation of this safety/security zone to be made
by all appropriate means to effect the widest publicity among the
affected segments of the public, including publication in the Federal
Register as practicable, in accordance with the provisions of 33 CFR
165.7(a); such means of announcement may include, but are not limited
to, Broadcast Notice to Mariners. The Coast Guard will issue a Broadcast
Notice to Mariners notifying the public when nuclear materials cargo
handling has been completed.
(c) Effective Period. The safety/security zone will be effective
commencing at the time any vessel described in paragraph (a)(1) of this
section enters the zone described in paragraph (a)(1) of this section
and will remain in effect until all spent nuclear materials cargo
handling operations have been completed at Weapons Support Facility Seal
Beach Detachment Concord.
(d) Regulations. The general regulations governing safety and
security zones contained in both 33 CFR 165.23 in 33 CFR 165.33 apply.
Entry into, transit through, or anchoring within this moving safety/
security zone is prohibited unless authorized by Commander, Eleventh
Coast Guard District, or his designated representative.
[CGD11-98-005, 63 FR 38754, July 20, 1998. Redesignated by USCG-2001-
9286, 66 FR 33642, June 25, 2001]
[[Page 766]]
Sec. 165.1183 Security Zones; Cruise Ships, Tankers and High Interest
Vessels, San Francisco Bay and Delta Ports, Monterey Bay and Humboldt
Bay, California.
(a) Definitions. As used in this section--
Cruise ship means any vessel over 100 gross register tons, carrying
more than 12 passengers for hire which makes voyages lasting more than
24 hours, of which any part is on the high seas. Passengers from cruise
ships are embarked or disembarked in the U.S. or its territories. Cruise
ships do not include ferries that hold Coast Guard Certificates of
Inspection endorsed for ``Lakes, Bays and Sounds'' that transit
international waters for only short periods of time on frequent
schedules.
High Interest Vessel or HIV means any vessel deemed by the Captain
of the Port, or higher authority, as a vessel requiring protection based
upon risk assessment analysis of the vessel and is therefore escorted by
a Coast Guard or other law enforcement vessel with an embarked Coast
Guard commissioned, warrant, or petty officer.
Tanker means any self-propelled tank vessel constructed or adapted
primarily to carry oil or hazardous materials in bulk in the cargo
spaces.
(b) Locations. The following areas are security zones:
(1) San Francisco Bay. All waters, extending from the surface to the
sea floor, within 100 yards ahead, astern and extending 100 yards along
either side of any cruise ship, tanker or HIV that is underway,
anchored, or moored within the San Francisco Bay and Delta port areas
shoreward of the line drawn between San Francisco Main Ship Channel
buoys 7 and 8 (LLNR 4190 & 4195, positions 37[deg]46.9[min] N,
122[deg]35.4[min] W and 37[deg]46.5[min] N, 122[deg]35.2[min] W,
respectively);
(2) Monterey Bay. All waters, extending from the surface to the sea
floor, within 100 yards ahead, astern and extending 100 yards along
either side of any cruise ship, tanker or HIV that is underway,
anchored, or moored within the Monterey Bay area shoreward of a line
drawn between Santa Cruz Light (LLNR 305) to the north in position
36[deg]57.10[min] N, 122[deg]01.60[min] W, and Cypress Point, Monterey
to the south, in position 36[deg]34.90[min] N, 121[deg]58.70[min] W.
(3) Humboldt Bay. All waters, extending from the surface to the sea
floor, within 100 yards ahead, astern and extending 100 yards along
either side of any cruise ship, tanker or HIV that is underway,
anchored, or moored within the Humboldt Bay area shoreward of a 4
nautical mile radius line drawn to the west of the Humboldt Bay Entrance
Lighted Whistle Buoy HB (LLNR 8130), in position 40[deg]46.25[min] N,
124[deg]16.13[min] W.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into or remaining in this zone is
prohibited unless authorized by the Coast Guard Captain of the Port, San
Francisco Bay, or his designated representative.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number 415-399-3547 or on
VHF-FM channel 16 (156.8 MHz) to seek permission to transit the area. If
permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port, or his designated
representative.
[COTP San Francisco Bay 04-003, 70 FR 18307, Apr. 11, 2005]
Sec. 165.1185 Regulated Navigation Area; San Francisco Bay, San Pablo
Bay, Carquinez Strait, Suisun Bay, Sacramento River, San Joaquin River,
and connecting
waters in California.
(a) Location. All waters of San Francisco Bay, San Pablo Bay,
Carquinez Strait, Suisun Bay, Sacramento River, San Joaquin River, and
connecting waters in California are a Regulated Navigation Area.
(b) Definitions. ``Liquefied hazardous gas (LHG)'' is a liquid
containing one or more of the products listed in Table 127.005 of 33 CFR
127.005 that is carried in bulk on board a tank vessel as a liquefied
gas product. The hazards normally associated with these products include
toxic or flammable properties or a combination of both.
(c) Regulations. All vessels loaded with a cargo of liquefied
hazardous gas (LHG) within this Regulated Navigation Area must proceed
directly to their intended cargo reception facility to discharge their
LHG cargo, unless:
[[Page 767]]
(1) The vessel is otherwise directed or permitted by the Captain of
the Port. The Captain of the Port can be reached at telephone number
(415) 399-3547 or on VHF-FM channel 16 (156.8 MHz). If permission is
granted, all persons and vessels must comply with the instructions of
the Captain of the Port or his or her designated representative.
(2) The vessel is in an emergency situation and unable to proceed as
directed in paragraph (a) of this section without endangering the safety
of persons, property, or the environment.
[CGD11 04-001, 69 FR 30206, May 27, 2004]
Sec. 165.1187 Security Zones; Golden Gate Bridge and the San
Francisco-Oakland Bay Bridge, San Francisco Bay, California.
(a) Location. All waters extending from the surface to the sea
floor, within 25 yards of all piers, abutments, fenders and pilings of
the Golden Gate Bridge and the San Francisco-Oakland Bay Bridge, in San
Francisco Bay, California.
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into these security zones is
prohibited, unless doing so is necessary for safe navigation, to conduct
official business such as scheduled maintenance or retrofit operations,
or unless specifically authorized by the Captain of the Port San
Francisco Bay or his designated representative.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number 415-399-3547 or on
VHF-FM channel 16 (156.8 MHz) to seek permission to transit the area. If
permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port or his or her designated
representative.
(c) Enforcement. All persons and vessels shall comply with the
instructions of the Coast Guard Captain of the Port or the designated
on-scene patrol personnel. Patrol personnel comprise commissioned,
warrant, and petty officers of the Coast Guard onboard Coast Guard,
Coast Guard Auxiliary, local, state, and federal law enforcement
vessels. Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
[COTP San Francisco Bay 03-029, 69 FR 11316, Mar. 10, 2004]
Sec. 165.1190 Security Zone; San Francisco Bay, Oakland Estuary,
Alameda, CA.
(a) Location. The following area is a security zone: all navigable
waters of the Oakland Estuary, California, from the surface to the sea
floor, 150 feet into the Oakland Estuary surrounding the Coast Guard
Island Pier. The perimeter of the security zone commences at a point on
land approximately 150 feet north of the northern end of the Coast Guard
Island Pier at latitude 37[deg]46[min]53.6[sec] N and longitude
122[deg]15[min]06.1[sec] W; thence out to the edge of the charted
channel at latitude 37[deg]46[min]52.3[sec] N and longitude
122[deg]15[min]07.9[sec] W; thence along the edge of the charted channel
to latitude 37[deg]46[min]42.2[sec] N and longitude
122[deg]14[min]50.5[sec] W; thence to a point on land approximately 150
feet south of the southern end of the Coast Guard Island Pier at
latitude 37[deg]46[min]44.8[sec] N and longitude
122[deg]14[min]48.8[sec] W; thence along the shoreline back to the
beginning point, latitude 37[deg]46[min]53.6[sec] N and longitude
122[deg]15[min]06.1[sec] W.
(b) Regulations. (1) Under Sec. 165.33, entry into or remaining in
this zone is prohibited unless authorized by the Coast Guard Captain of
the Port, San Francisco Bay, or his designated representative.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number 415-399-3547 or on
VHF-FM channel 16 (156.8 MHz) to seek permission to transit the area. If
permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port or his designated
representative.
[COTP San Francisco Bay 03-026, 69 FR 31739, June 7, 2004]
Sec. 165.1191 Safety zones: Northern California annual fireworks events.
(a) General. Safety zones are established for the events listed in
Table 1 of this section. Further information on exact dates, times, and
other details concerning the exact geographical description of the areas
are published by
[[Page 768]]
the Eleventh Coast Guard District in the Local Notice to Mariners prior
to each event.
(b) Regulations. ``Official Patrol Vessels'' consist of any Coast
Guard, other Federal, state or local law enforcement, and any public or
sponsor-provided vessels assigned or approved by Commander, Coast Guard
Group San Francisco, to patrol each event.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entering into, transiting through, or anchoring within these
zones is prohibited, unless authorized by the Patrol Commander.
(2) Each person in a safety zone who receives notice of a lawful
order or direction issued by an official patrol vessel shall obey the
order or direction.
(3) The Patrol Commander (PATCOM) is empowered to forbid and control
the movement of all vessels in the regulated area. The Patrol Commander
shall be designated by the Commander, Coast Guard Group San Francisco;
will be a U.S. Coast Guard commissioned officer, warrant officer or
petty officer to act as the Group Commander's official representative;
and will be located aboard the lead official patrol vessel.
(4) The Patrol Commander may, upon request, allow the transit of
commercial vessels through regulated areas when it is safe to do so.
Table 1 to Sec. 165.1191
[All coordinates referenced use datum NAD 83]
------------------------------------------------------------------------
------------------------------------------------------------------------
KFOG KaBoom
Sponsor................................... KFOG Radio, San Francisco.
Event Description......................... Fireworks display.
Date...................................... Last Saturday in May.
Location.................................. 1,000 feet off Pier 30/32.
Regulated Area............................ That area of navigable
waters within a 1,000 foot
radius of the launch
platform.
Fourth of July Fireworks, City of Monterey
------------------------------------------------------------------------
Sponsor................................... City of Monterey, Recreation
& Community Services
Department.
Event Description......................... Fireworks Display.
Date...................................... July 4th.
Location.................................. Monterey Bay, East of
Municipal Wharf 2.
Regulated Area............................ That area of navigable
waters within a 1,000 foot
radius of the launch
platform.
-------------------------------------------
Fourth of July Fireworks, City of Sausalito
------------------------------------------------------------------------
Sponsor................................... City of Sausalito.
Event Description......................... Fireworks Display.
Date...................................... July 4th.
Location.................................. 1,000 feet off-shore from
Sausalito waterfront, North
of Spinnaker Rest.
Regulated Area............................ That area of navigable
waters within a 1,000 foot
radius of the launch
platform.
-------------------------------------------
Fourth of July Fireworks, Lake Tahoe
------------------------------------------------------------------------
Sponsor................................... Anchor Trust.
Event Description......................... Fireworks Display.
Date...................................... July 4th.
Location.................................. 1,000 feet off Incline
Village, Nevada in Crystal
Bay.
Regulated Area............................ That area of navigable
waters within a 1,000 foot
radius of the launch
platform.
-------------------------------------------
Fourth of July Fireworks, South Lake Tahoe Gaming Alliance
------------------------------------------------------------------------
Sponsor................................... Harrah's Lake Tahoe.
Event Description......................... Fireworks Display.
Date...................................... July 4th.
Location.................................. Off South Lake Tahoe,
California near Nevada
border.
[[Page 769]]
Regulated Area............................ That area of navigable
waters within a 1,000 foot
radius of the launch
platform.
-------------------------------------------
Independence Day Fireworks
------------------------------------------------------------------------
Sponsor................................... North Tahoe Fire Protection
District.
Event Description......................... Fireworks Display.
Date...................................... July 4th.
Location.................................. Offshore from Kings Beach
State Beach.
Regulated Area............................ That area of navigable
waters within a 1,000 foot
radius of the launch
platform.
-------------------------------------------
July 4th Fireworks Display
------------------------------------------------------------------------
Sponsor................................... North Tahoe Fire Protection
District.
Event Description......................... Fireworks Display.
Date...................................... July 4th.
Location.................................. Offshore of Common Beach,
Tahoe City, CA.
Regulated Area............................ That area of navigable
waters within a 1,000 foot
radius of the launch
platform.
-------------------------------------------
San Francisco Chronicle Fireworks Display
------------------------------------------------------------------------
Sponsor................................... San Francisco Chronicle.
Event Description......................... Fireworks Display.
Date...................................... July 4th.
Location 1................................ A barge located
approximately 1,000 feet
off of San Francisco Pier
39 at approximately:
37[deg]48[min]49.0[sec] N,
122[deg]24[min]46.5[sec] W.
Regulated Area............................ The area of navigable waters
within a 1,000 foot radius
of the launch platform.
Location 2................................ The end of the San Francisco
Municipal Pier at Aquatic
Park at approximately:
37[deg]48[min]38.5[sec] N,
122[deg]25[min]30.0[sec] W.
Regulated Area............................ The area of navigable waters
within a 1,000 foot radius
of the launch platform.
-------------------------------------------
Vallejo Fourth of July Fireworks
------------------------------------------------------------------------
Sponsor................................... Vallejo Marina.
Event Description......................... Fireworks Display.
Date...................................... July 4th.
Location.................................. Mare Island Strait.
Regulated Area............................ That area of navigable
waters within a 1,000 foot
radius of the launch
platform.
------------------------------------------------------------------------
[CGD 11-99-007, 64 FR 39030, July 21, 1999. Redesignated by USCG-2001-
9286, 66 FR 33642, June 25, 2001]
Sec. 165.1192 Security Zones; Waters surrounding San Francisco
International Airport and Oakland International Airport, San
Francisco Bay, California.
(a) Locations. The following areas are security zones:
(1) San Francisco International Airport Security Zone. This security
zone includes all waters extending from the surface to the sea floor
within approximately 200 yards seaward from the shoreline of the San
Francisco International Airport and encompasses all waters in San
Francisco Bay within a line connecting the following geographical
positions--
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
37[deg]36[min]19[sec] N 122[deg]22[min]36[sec] W
37[deg]36[min]45[sec] N 122[deg]122[min]18[sec] W
37[deg]36[min]26[sec] N 122[deg]21[min]30[sec] W
37[deg]36[min]31[sec] N 122[deg]21[min]21[sec] W
37[deg]36[min]17[sec] N 122[deg]20[min]45[sec] W
37[deg]36[min]37[sec] N 122[deg]20[min]40[sec] W
37[deg]36[min]50[sec] N 122[deg]21[min]08[sec] W
37[deg]37[min]00[sec] N 122[deg]21[min]12[sec] W
37[deg]37[min]21[sec] N 122[deg]21[min]53[sec] W
[[Page 770]]
37[deg]37[min]39[sec] N 122[deg]21[min]44[sec] W
37[deg]37[min]56[sec] N 122[deg]21[min]51[sec] W
37[deg]37[min]50[sec] N 122[deg]22[min]20[sec] W
37[deg]38[min]25[sec] N 122[deg]22[min]54[sec] W
37[deg]38[min]23[sec] N 122[deg]23[min]01[sec] W
------------------------------------------------------------------------
and along the shoreline back to the beginning point.
(2) Oakland International Airport Security Zone. This security zone
includes all waters extending from the surface to the sea floor within
approximately 200 yards seaward from the shoreline of the Oakland
International Airport and encompasses all waters in San Francisco Bay
within a line connecting the following geographical positions--
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
37[deg]43[min]35[sec] N 122[deg]15[min]00[sec] W
37[deg]43[min]40[sec] N 122[deg]15[min]05[sec] W
37[deg]43[min]34[sec] N 122[deg]15[min]12[sec] W
37[deg]43[min]24[sec] N 122[deg]15[min]11[sec] W
37[deg]41[min]54[sec] N 122[deg]13[min]05[sec] W
37[deg]41[min]51[sec] N 122[deg]12[min]48[sec] W
37[deg]41[min]53[sec] N 122[deg]12[min]44[sec] W
37[deg]41[min]35[sec] N 122[deg]12[min]18[sec] W
37[deg]41[min]46[sec] N 122[deg]12[min]08[sec] W
37[deg]42[min]03[sec] N 122[deg]12[min]34[sec] W
37[deg]42[min]08[sec] N 122[deg]12[min]32[sec] W
37[deg]42[min]35[sec] N 122[deg]12[min]30[sec] W
37[deg]42[min]40[sec] N 122[deg]12[min]06[sec] W
------------------------------------------------------------------------
and along the shoreline back to the beginning point.
(b) Regulations. (1) Under Sec. 165.33, entering, transiting
through, or anchoring in this zone is prohibited unless authorized by
the Coast Guard Captain of the Port, San Francisco Bay, or his
designated representative.
(2) Persons desiring to transit the area of a security zone may
contact the Captain of the Port at telephone number 415-399-3547 or on
VHF-FM channel 16 (156.8 MHz) to seek permission to transit the area. If
permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port or his or her designated
representative.
(c) Enforcement. All persons and vessels shall comply with the
instructions of the Coast Guard Captain of the Port or the designated
on-scene patrol personnel. Patrol personnel comprise commissioned,
warrant, and petty officers of the Coast Guard onboard Coast Guard,
Coast Guard Auxiliary, local, state, and federal law enforcement
vessels. Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
[COTP San Francisco Bay 03-009, 69 FR 34282, June 21, 2004]
Sec. 165.1199 Security Zones; Military Ocean Terminal Concord (MOTCO),
Concord, California.
(a) Location. The security zone(s) encompass the navigable waters of
Suisun Bay, California, extending from the surface to the sea floor,
within 500 yards of the three Military Ocean Terminal Concord (MOTCO)
piers in Concord, California.
(b) Regulations. (1) The Captain of the Port (COTP) San Francisco
Bay will enforce the security zone(s) established by this section during
military onload or offload operations only upon notice. Upon notice of
enforcement by the COTP, entering, transiting through or anchoring in
the zone(s) is prohibited unless authorized by the COTP or his
designated representative. Upon notice of suspension of enforcement by
the COTP, all persons and vessels are granted general permissions to
enter, transit, and exit the security zone(s).
(2) If more than 1 pier is involved in onload or offload operations
at the same time, the 500-yard security zone for each involved pier will
be enforced.
(3) Persons desiring to transit the area of a security zone may
contact the Patrol Commander on scene on VHF-FM channel 13 or 16 or the
COTP at telephone number 415-399-3547 to seek permission to transit the
area. If permission is granted, all persons and vessels must comply with
the instructions of the COTP or his designated representative.
(c) Enforcement. All persons and vessels must comply with the
instructions of the Coast Guard Captain of the Port or the designated
on-scene patrol personnel. Patrol personnel comprise commissioned,
warrant, and petty officers of the Coast Guard onboard Coast Guard,
Coast Guard Auxiliary, local, state, and federal law enforcement
vessels. The U.S. Coast Guard may be assisted in the patrol and
enforcement of the security zones by local law enforcement and the MOTCO
police as necessary. Upon being hailed by U.S. Coast
[[Page 771]]
Guard patrol personnel by siren, radio, flashing light, or other means,
the operator of a vessel must proceed as directed.
(d) Notice of enforcement or suspension of enforcement of security
zone(s). The COTP San Francisco Bay will cause notification of
enforcement of the security zone(s) to be made by issuing a Local Notice
to Mariners and a Broadcast Notice to Mariners to inform the affected
segments of the public. During periods that the security zone(s) are
being enforced, Coast Guard patrol personnel will notify mariners to
keep out of the security zone(s) as they approach the area. In addition,
Coast Guard Group San Francisco Bay maintains a telephone line that is
maintained 24 hours a day, 7 days a week. The public can contact Group
San Francisco Bay at (415) 399-3530 to obtain information concerning
enforcement of this rule. When the security zone(s) are no longer
needed, the COTP will cease enforcement of the security zone(s) and
issue a Broadcast Notice to Mariners to notify the public. Upon notice
of suspension of enforcement, all persons and vessels are granted
general permissions to enter, move within and exit the security zone(s).
[COTP San Francisco Bay 04-007, 70 FR 3301, Jan. 24, 2005]
Thirteenth Coast Guard District
Sec. 165.1301 Puget Sound and Adjacent Waters in Northwestern
Washington--Regulated Navigation Area.
The following is a regulated navigation area--All of the following
northwestern Washington waters under the jurisdiction of the Captain of
the Port, Puget Sound: Puget Sound, Hood Canal, Possession Sound,
Elliott Bay, Commencement Bay, the San Juan Archipelago, Rosario Strait,
Guemes Channel, Bellingham Bay, U.S. waters of the Strait of the Strait
of Juan de Fuca, Haro Strait, Boundary Pass, and Georgia Strait, and all
lesser bays and harbors adjacent to the above.
(a) Definitions as used in this section:
(1) Vessels engaged in fishing are as identified in the definition
found in Rule 3 of the International Regulations for Prevention of
Collisions at Sea, 1972, (72 COLREGS), found in Appendix A, Part 81 of
this chapter.
(2) Hazardous levels of vessel traffic congestion are as defined at
the time by Puget Sound Vessel Traffic Service.
(b) Nothing in this section shall be construed as relieving any
party from their responsibility to comply with applicable rules set
forth in the 72 COLREGS.
(c) General Regulations: The provisions of this paragraph apply at
all times.
(1) Vessels engaged in fishing or other operations--that are
distinct from vessels following a TSS or a connecting precautionary area
east of New Dungeness and which are not required by the Bridge to Bridge
Radiotelephone Regulations to maintain a listening watch, are highly
encouraged to maintain a listening watch on the Puget Sound Vessel
Traffic Service (PSVTS) VHF-FM radio frequency for the area in which the
vessel is operating. A safe alternative to the radio listening watch is
to stay clear of the TSS and connecting precautionary area.
(2) Vessels engaged in gill net fishing at any time between sunset
and sunrise in any of the waters defining the regulated navigation are
of this section shall, in addition to the navigation lights and shapes
required by Part 81 of this title (72 COLREGS), display at the end of
the net most distant from the vessel on all-round (32-point) white light
visible for a minimum of two nautical miles and displayed from at least
three feet above the surface of the water.
(3) Vessels engaged in fishing, including gillnet and purse seine
fishing, are prohibited in the following Prohibited Fishing Area: The
Hood Canal Bridge, to include the waters within a one-half nautical mile
radius of the center of the main ship channel draw span during the
immediate approach and transit of the draw by public vessels of the
United States.
(4) East of New Dungeness, vessels engaged in fishing in a traffic
lane or connecting precautionary area shall tend nets or other gear
placed in the water so as to facilitate the movement of the vessel or
gear from the traffic lane or precautionary area upon the approach of a
vessel following the TSS.
[[Page 772]]
(d) Congested Regulations: The provisions under this paragraph apply
only when imposed in specific locations by Puget Sound Vessel Traffic
Service. They are intended to enhance vessel traffic safety during
periods and in locations where hazardous levels of vessel traffic
congestion are deemed to exist by Puget Sound Vessel Traffic Service.
Operations potentially creating vessel traffic congestion include, but
are not limited to, vessels engaged in fishing, including gillnet or
purse seine, recreational fishing derbies, regattas, or permitted marine
events.
(1) Vessels engaged in fishing or other operations--that are
distinct from vessels following a Traffic Separation Scheme (TSS) or a
connecting precautionary area east of New Dungeness, may not remain in,
nor their gear remain in, a traffic lane or a connecting precautionary
area east of New Dungeness when a vessel following a TSS approaches.
Such vessels not following a TSS or a connecting precautionary area
shall draw in their gear, maneuver, or otherwise clear these areas so
that their action is complete at least fifteen minutes before the
arrival of a vessel following the TSS. Vessels which are required by
this paragraph to remain clear of a connecting precautionary area east
of New Dungeness or a traffic lane must also remain clear of the
adjacent separation zone when in a TSS east of New Dungeness.
(2) A vessel following the TSS may not exceed a speed of 11 knots
through the water.
(3) Vessels engaged in fishing, including gillnet and purse seine
fishing, are prohibited in the following Prohibited Fishing Area:
Edmonds/Kingston ferry crossing lanes, to include the waters within one-
quarter nautical mile on either side of a straight line connecting the
Edmonds and Kingston ferry landings during the hours that the ferry is
operating.
(e) Authorization to deviate from this section.
(1) Commander, Thirteenth Coast Guard District may, upon written
request, issue an authorization to deviate from this section if the
proposed deviation provides a level of safety equivalent to or beyond
that provided by the required procedure. An application for
authorization must state the need for the deviation and describe the
proposed alternative operation.
(2) PSVTS may, upon verbal request, authorize a deviation from this
section for a voyage, or part of a voyage, if the proposed deviation
provides a level of safety equivalent to or beyond that provided by the
required procedure. The deviation request must be made well in advance
to allow the requesting vessel and the Vessel Traffic Center (VTC)
sufficient time to assess the safety of the proposed deviation.
Discussions between the requesting vessel and the VTC should include,
but are not limited to, information on vessel handling characteristics,
traffic density, radar contracts, and environmental conditions.
(3) In an emergency, the master, pilot, or person directing the
movement of the vessel following the TSS may deviate from this section
to the extent necessary to avoid endangering persons, property, or the
environment, and shall report the deviation to the VTC as soon as
possible.
[CGD 13-98-002, 63 FR 7708, Feb. 17, 1998]
Sec. 165.1302 Bangor Naval Submarine Base, Bangor, WA.
(a) Location. The following is a security zone: The waters of the
Hood Canal encompassed by a line commencing on the east shore of Hood
Canal at latitude 47[deg]43[min]17[sec] N., longitude
122[deg]44[min]44[sec] W., thence to latitude 47[deg]43[min]32[sec] N.,
longitude 122[deg]44[min]40[sec] W.; thence to latitude
47[deg]43[min]50[sec] N., longitude 122[deg]44[min]40[sec] W.; thence to
latitude 47[deg]44[min]24[sec] N., longitude 122[deg]44[min]22[sec] W.;
thence to latitude 47[deg]45[min]47[sec] N., longitude
122[deg]43[min]22[sec] W.; thence to latitude 47[deg]46[min]23[sec] N.,
longitude 122[deg]42[min]42[sec] W.; thence to latitude
47[deg]46[min]23[sec] N., longitude 122[deg]42[min]20[sec] W.; thence to
latitude 47[deg]46[min]20[sec] N., longitude 122[deg]42[min]12[sec] W.:
thence southerly along the shoreline to the point of beginning.
(b) Security zone anchorage. The following is a security zone
anchorage: Area No. 2. Waters of Hood Canal within a circle of 1,000
yards diameter centered on a point located at latitude
47[deg]46[min]26[sec] N., longitude 122[deg]42[min]49[sec] W.
(c) Special Regulations. (1) Section 165.33 paragraphs, (a), (e),
and (f) do not
[[Page 773]]
apply to the following vessels or individuals on board those vessels:
(i) Public vessels of the United States, other than United States
Naval vessels.
(ii) Vessels that are performing work at Naval Submarine Base Bangor
pursuant to a contract with the United States Navy which requires their
presence in the security zone.
(iii) Any other vessels or class of vessels mutually agreed upon in
advance by the Captain of the Port and Commanding Officer, Naval
Submarine Base Bangor. Vessels operating in the security zone under this
exemption must have previously obtained a copy of a certificate of
exemption permitting their operation in the security zone from the
Security Office, Naval Submarine Base Bangor. This written exemption
shall state the date(s) on which it is effective and may contain any
further restrictions on vessel operations within the security zone as
have been previously agreed upon by the Captain of the Port and
Commanding Officer, Naval Submarine Base Bangor. The certificate of
exemption shall be maintained on board the exempted vessel so long as
such vessel is operating in the security zone.
(2) Any vessel authorized to enter or remain in the security zone
may anchor in the security zone anchorage.
(3) Other vessels desiring access to this zone shall secure
permission from the Captain of the Port through the Security Office of
the Naval Submarine Base Bangor. The request shall be forwarded in a
timely manner to the Captain of the Port by the appropriate Navy
official.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and monitoring of this security zone by the U.S. Navy.
[CDG13 87-06, 52 FR 47924, Dec. 17, 1987]
Sec. 165.1303 Puget Sound and adjacent waters, WA-regulated navigation
area.
(a) The following is a regulated navigation area: the waters of the
United States east of a line extending from Discovery Island Light to
New Dungeness Light and all points in the Puget Sound area north and
south of these lights.
(b) Regulations. (1) Tank vessel navigation restrictions: Tank
vessels larger than 125,000 deadweight tons bound for a port or place in
the United States may not operate in the regulated navigation area.
(2) Commander, Thirteenth Coast Guard District may, upon written
request, issue an authorization to deviate from paragraph (b)(1) of this
section if it is determined that such deviation provides an adequate
level of safety. Any application for authorization must state the need
and fully describe the proposed procedure.
(c) Precautionary Area Regulations. (1) A vessel in a precautionary
area which is depicted on National Oceanic and Atmospheric
Administration (NOAA) nautical charts, except precautionary ``RB'' (a
circular area of 2,500 yards radius centered at 48-26[min]24[sec] N.,
122-45[min]12[sec] W.), must keep the center of the precautionary area
to port.
Note: The center of precautionary area ``RB'' is not marked by a
buoy.
(2) The Puget Sound Vessel Traffic Service (PSVTS) may, upon verbal
request, authorize a onetime deviation from paragraph (c)(1) of this
section for a voyage, or part of a voyage, if the proposed deviation
provides a level of safety equivalent to or beyond that provided by the
required procedure. The deviation request must be made well in advance
to allow the requesting vessel and the Vessel Traffic Center (VTC)
sufficient time to assess the safety of the proposed deviation.
Discussions between the requesting vessel and the VTC should include,
but are not limited to, information on the vessel handling
characteristics, traffic density, radar contacts, and environmental
conditions.
(3) In an emergency, the master, pilot, or person directing the
movement of the vessel may deviate from paragraph (c)(1) of this section
to the extent necessary to avoid endangering persons, property, or the
environment, and shall report the deviation to the VTC as soon as
possible.
[CGD 90-020, 59 FR 36335, July 15, 1994, as amended by CGD 13-97-003, 62
FR 23660, May 1, 1997]
[[Page 774]]
Sec. 165.1304 Bellingham Bay, Bellingham, WA.
(a) Location. The following area is a safety zone: All waters of
Bellingham Bay, Washington, bounded by a circle with a radius of 1000
yards centered on the fireworks launching site located on the Georgia
Pacific Lagoon Seawall at position latitude 48[deg]44[min]56[sec] N,
longitude 122[deg]29[min]40[sec] W, including the entrances to the I & J
Street Waterway and the Whatcom Creek Waterway. [Datum: NAD 83]
(b) Effective dates. This section is effective annually on July
fourth from 9:30 p.m. to 11 p.m. unless otherwise specified by Federal
Register notice.
(c) Regulation. In accordance with the general regulations in Sec.
165.23 of this part, entry into this safety zone is prohibited unless
authorized by the Captain of the Port, Puget Sound, Seattle, WA.
[CGD13-95-008, 60 FR 61480, Nov. 30, 1995, as amended by CGD 13-96-028,
61 FR 47824, Sept. 11, 1996]
Sec. 165.1305 Commencement Bay, Tacoma, WA.
(a) Location. The following area is a safety zone: All portions of
Commencement Bay bounded by the following coordinates: Latitude
47[deg]17[min]34[sec] N, Longitude 122[deg]28[min]36[sec] W; thence to
Latitude 47[deg]17[min]06[sec] N, Longitude 122[deg]27[min]40[sec] W;
thence to Latitude 47[deg]16[min]42[sec] N, Longitude
122[deg]28[min]06[sec] W; thence to Latitude 47[deg]17[min]10[sec] W,
Longitude 122[deg]29[min]02[sec] W; thence returning to the origin. This
safety zone resembles a rectangle lying adjacent to the shoreline along
Ruston Way. Floating markers will be placed by the sponsor of the event
to delineate the boundaries of the safety zone. [Datum: NAD 1983].
(b) Effective dates. This section is effective annually on July the
fourth from 2 p.m. to 12:30 a.m. July the fifth unless otherwise
specified by Federal Register notice.
(c) Regulation. In accordance with the general regulations in Sec.
165.23 of this part, entry into this safety zone is prohibited unless
authorized by the Captain of the Port, Puget Sound, Seattle, WA.
[CGD13-95-009, 60 FR 61481, Nov. 30, 1995]
Sec. 165.1306 Lake Union, Seattle, WA.
(a) Location. The following area is a safety zone: All portions of
the waters of Lake Union bounded by the following coordinates: Latitude
47[deg]38[min]32[sec] N, Longitude 122[deg]20[min]34[sec] W; thence to
Latitude 47[deg]38[min]32[sec] N, Longitude 122[deg]19[min]48[sec] W;
thence to Latitude 47[deg]38[min]10[sec] N, Longitude
122[deg]19[min]45[sec] W; thence to Latitude 47[deg]38[min]10[sec] N,
Longitude 122[deg]20[min]24[sec] W; thence returning to the origin. This
safety zone begins 1,000 feet south of Gas Works Park and encompasses
all waters from east to west for 2,500 feet. Floating markers will be
placed by the sponsor of the fireworks demonstration to delineate the
boundaries of the safety zone. [Datum: NAD 1983]
(b) Effective dates. This section is effective annually on July
fourth from 9:30 p.m. to 11 p.m. unless otherwise specified by Federal
Register notice.
(c) Regulation. In accordance with the general regulations in Sec.
165.23 of this part, entry into the safety zone is prohibited unless
authorized by the Captain of the Port, Puget Sound, Seattle, WA. The
Captain of the Port may establish transit lanes along the east and west
shorelines of Lake Union and may allow boaters to transit north and
south through the safety zone in these lanes. If established, these
transit lanes will remain open until 10 p.m. and then be closed until
the end of the fireworks display (approximately 30 minutes).
[CGD13-95-010, 60 FR 61483, Nov. 30, 1995]
Sec. 165.1307 Elliott Bay, Seattle, WA.
(a) Location. The following area is a safety zone: All portions of
Elliott Bay bounded by the following coordinates: Latitude
47[deg]37[min]22[sec] N, Longitude 122[deg]22[min]06[sec] W; thence to
Latitude 47[deg]37[min]06[sec] N, Longitude 122[deg]21[min]45[sec] W;
thence to Latitude 47[deg]36[min]54[sec] N, Longitude
122[deg]22[min]05[sec] W; thence to Latitude 47[deg]37[min]08[sec] N,
Longitude 122[deg]22[min]27[sec] W; thence returning to the origin. This
safety zone resembles a square centered around the barge from which the
fireworks will be launched and begins 100 yards from the shoreline of
Myrtle Edwards Park. Floating markers will be placed by the
[[Page 775]]
sponsor of the fireworks display to delineate the boundaries of the
safety zone [Datum NAD 1983].
(b) Effective dates. This section is effective annually on July
fourth from 9:30 p.m. to 11 p.m. unless otherwise specified by Federal
Register notice.
(c) Regulation. In accordance with the general regulations in Sec.
165.23 of this part, entry into this safety zone is prohibited unless
authorized by the Captain of the Port, puget sound, Seattle, WA.
[CGD13-95-007, 60 FR 61482, Nov. 30, 1995, as amended by CGD13-97-015,
62 FR 39445, July 23, 1997]
Sec. 165.1308 Columbia River, Vancouver, WA.
(a) Location. The following area is a safety zone: All waters of the
Columbia River at Vancouver, Washington, bounded by a line commencing at
the northern base of the Interstate 5 highway bridge at latitude
45[deg]37[min]17[sec] N, longitude 122[deg]40[min]22[sec] W; thence
south along the Interstate 5 highway bridge to latitude
45[deg]37[min]03[sec] N, longitude 122[deg]40[min]32[sec] W; thence to
latitude 45[deg]36[min]28[sec] N, longitude 122[deg]38[min]35[sec] W;
thence to Ryan's Point at latitude 45[deg]36[min]42[sec] N, longitude
122[deg]38[min]35[sec] W; thence along the Washington shoreline to the
point of origin. [Datum: NAD 83].
(b) Effective dates. This section is effective annually on July
fourth from 9 p.m. to 11 p.m. (PDT) unless otherwise specified by
Federal Register notice.
(c) Regulation. In accordance with the general regulations in Sec.
165.23 of this part, entry into this safety zone is prohibited unless
authorized by the Captain of the Port, Portland, Oregon.
[CGD13-95-055, 61 FR 18949, Apr. 30, 1996]
Sec. 165.1309 Eagle Harbor, Bainbridge Island, WA.
(a) Regulated Area. A regulated navigation area is established on
that portion of Eagle Harbor bounded by a line beginning at:
47[deg]36[min]56[sec] N, 122[deg]30[min]36[sec] W; thence to
47[deg]37[min]11[sec] N, 122[deg]30[min]36[sec] W; thence to
47[deg]37[min]25[sec] N, 122[deg]30[min]17[sec] W; thence to
47[deg]37[min]24[sec] N, 122[deg]30[min]02[sec] W; thence to
47[deg]37[min]16[sec] N, 122[deg]29[min]55[sec] W; thence to
47[deg]37[min]03[sec] N, 122[deg]30[min]027sec; W; thence returning
along the shoreline to point of origin. [Datum NAD 1983].
(b) Regulations. All vessels and persons are prohibited from
anchoring, dredging, laying cable, dragging, seining, bottom fishing,
conducting salvage operations, or any other activity which could
potentially disturb the seabed in the designated area. Vessels may
otherwise transit or navigate within this area without reservation.
(c) Waiver. The Captain of the Port, Puget Sound, upon advice from
the U.S. EPA Project Manager and the Washington State Department of
Natural Resources, may, upon written request, authorize a waiver from
this section if it is determined that the proposed operation supports
USEPA remedial objectives, or can be performed in a manner that ensures
the integrity of the sediment cap. A written request must describe the
intended operation, state the need, and describe the proposed
precautionary measures. Requests should be submitted in triplicate, to
facilitate review by U.S. EPA, Coast Guard, and Washington State
Agencies. USEPA managed remedial design, remedial action, habitat
mitigation, or monitoring activities associated with the Wyckoff/Eagle
Harbor Superfund Site are excluded from the waiver requirement. USEPA is
required, however, to alert the Coast Guard in advance concerning any of
the above-mentioned activities that may, or will, take place in the
Regulated Area.
[CGD 13-98-004, 64 FR 72561, Dec. 28, 1999]
Sec. 165.1310 Strait of Juan de Fuca and adjacent coastal waters of
Northwest Washington; Makah Whale Hunting--Regulated Navigation Area.
(a) The following area is a Regulated Navigation Area (RNA): From
48[deg]02.25[min] N, 124[deg]42.1[min] W northward along the mainland
shoreline of Washington State to Cape Flattery and thence eastward along
the mainland shoreline of Washington State to 48[deg]22[min] N,
124[deg]34[min] W; thence due north to 48[deg]24.55[min] N,
124[deg]34[min] W; thence northwesterly to 48[deg]27.1[min] N,
124[deg]41.7[min] W; thence due west to 48[deg]27.1[min] N,
124[deg]45.5[min] W; thence southwesterly to 48[deg]20.55[min] N,
124[deg]51.05[min] W, thence west south west to 48[deg]18.0[min] N
124[deg]59.0[min] W, thence due south to 48[deg]02.25[min] N,
124[deg]59.0[min] W) thence due east back to
[[Page 776]]
the shoreline of Washington at 48[deg]02.25[min] N, 124[deg]42.1[min] W.
Datum: NAD 1983.
(b) During a whale hunt, while the international numeral pennant
five (5) is flown by a Makah whale hunt vessel, the following area
within the RNA is a Moving Exclusion Zone: The column of water from the
surface to the seabed with a radius of 500 yards centered on the Makah
whale hunt vessel displaying international numeral pennant five (5).
This Moving Exclusionary Zone is activated only when surface visibility
exceeds one nautical mile, between sunrise and sunset, and the Makah
whale hunt vessel displays the international numeral pennant five (5).
The Moving Exclusionary Zone is deactivated upon sunset, visibility is
reduced to less than one nautical mile, or when the Makah hunt vessel
strikes international numeral pennant five (5).
(c) Unless otherwise authorized by the Commander, Thirteenth Coast
Guard District or his or her representative, no person or vessel may
enter the active Moving Exclusionary Zone except for:
(1) Authorized Makah whale hunt vessel actively engaged in hunting
operations under direction of the master of the Makah vessel flying
international numeral pennant five (5), and
(2) A single authorized media pool vessel operating in accordance
with paragraph (f) of this section.
(d) The international numeral pennant five (5) is only authorized to
be displayed from one Makah whale hunt vessel during actual whale hunt
operations. No other vessels may display this pennant within the RNA at
any time. Whale hunt operations commence when a whale hunt vessel is
underway and its master intends to have a whale killed during the
voyage. Whale hunt operations cease once this intent is abandoned, a
whale is landed, or when the international numeral pennant five (5) is
struck.
(e) The Makah Tribe shall make SECURITE broadcasts beginning one
half hour before the commencement of a hunt and every half hour
thereafter until hunting activities are concluded. This broadcast shall
be made on channel 16 VHF-FM and state:
A whale hunt is proceeding today within the Regulated Navigation
Area established for Makah whaling activities. The (name of vessel) is a
(color and description of vessel) and will be flying international
numeral pennant five (5) while engaged in whaling operations. This
pennant is yellow and blue in color. Mariners are required by federal
regulation to stay 500 yards away from (name of vessel), and are
strongly urged to remain even further away from whale hunt activities as
an additional safety measure.
(f)(1) Credentialed members of the media interested in entering the
Moving Exclusionary Zone may request permission to operate a single
media vessel in the Moving Exclusionary Zone by telephoning Coast Guard
Public Affairs, as soon as practicable at (206) 220-7237 during normal
working hours, and (206) 220-7001 after hours. Coast Guard
preauthorization is required prior to entry into the Moving Exclusionary
Zone by a single media pool vessel.
(2) The media pool vessel must be a U.S. documented vessel. The
media pool vessel must be under command at all times within the Moving
Exclusionary zone by a master licensed in the U.S. to carry passenger
for hire. All expenses, liabilities and risks associated with operation
of the media pool vessel lie with members of the pool and the pool
vessel owners and operators.
(3) The master of the media pool vessel shall maneuver to avoid
positioning the pool vessel between whales and hunt vessel(s), out of
the line of fire, at a prudent distance and location relative to whale
hunt operations, and in a manner that avoids hindering the hunt or path
of the whale in any way.
(4) Although permitted to maneuver within the Moving Exclusionary
Zone, personnel aboard the media pool vessel are still required to
follow safety and law enforcement related instructions of Coast Guard
personnel.
[CGD 13-98-023, 63 FR 52609, Oct. 1, 1998, as amended by CGD 13-98-023,
64 FR 61212, Nov. 10, 1999]
Sec. 165.1311 Olympic View Resource Area, Tacoma, WA.
(a) Regulated Area. A regulated navigation area is established on
that portion of Commencement Bay bounded by a line beginning at:
47[deg]15[min]40.19753[sec] N, 122[deg]26[min]09.27617[sec] W; thence to
47[deg]15[min]42.21070[sec] N, 122[deg]26[min]10.65290[sec] W; thence to
47[deg]15[min]41.84696[sec] N,
[[Page 777]]
122[deg]26[min]11.80062[sec] W; thence to 47[deg]15[min]45.57725[sec] N,
122[deg]26[min]14.35173[sec] W; thence to 47[deg]15[min]53.06020[sec] N,
122[deg]26[min]06.61366[sec] W; thence to 47[deg]15[min]46.74493[sec] N,
122[deg]26[min]02.50574[sec] W; thence returning along the shoreline to
the point of origin. [Datum NAD 1983].
(b) Regulations. All vessels and persons are prohibited from
anchoring, dredging, laying cable, dragging, seining, bottom fishing,
conducting salvage operations, or any other activity which could
potentially disturb the seabed in the designated area. Vessels may
otherwise transit or navigate within this area without reservation.
(c) Waiver. The Captain of the Port, Puget Sound, upon advice from
the United States Environmental Protection Agency (USEPA) Project
Manager and the Washington State Department of Natural Resources, may,
upon written request, authorize a waiver from this section if it is
determined that the proposed operation supports USEPA remedial
objectives, or can be performed in a manner that ensures the integrity
of the sediment cap. A written request must describe the intended
operation, state the need, and describe the proposed precautionary
measures. Requests shall be submitted in triplicate, to facilitate
review by USEPA, Coast Guard, and Washington State Agencies. USEPA
managed remedial design, remedial action, habitat mitigation, or
monitoring activities associated with the Olympic View Resource Area
Superfund Site are excluded from the waiver requirement. USEPA is
required, however, to alert the Coast Guard in advance concerning any of
the above-mentioned activities that may, or will, take place in the
Regulated Area.
[CGD13-02-016, 68 FR 17735, Apr. 11, 2003]
Sec. 165.1312 Security Zone; Portland Rose Festival on Willamette River.
(a) Location. The following area is a security zone: All waters of
the Willamette River, from surface to bottom, encompassed by the
Hawthorne and Steel Bridges.
(b) Regulations. In accordance with Sec. 165.33, entry into this
zone is prohibited unless authorized by the Coast Guard Captain of the
Port, Portland or his designated representatives. Section 165.33 also
contains other general requirements.
(c) Authority. In addition to 33 U.S.C. 1231, the authority for this
section includes 33 U.S.C. 1226.
(d) Enforcement period. This section is enforced annually in June
from the first Wednesday in June falling on the 4th or later through the
following Monday in June. The event will be 6 days in length and the
specific dates of enforcement will be published each year in the Federal
Register. In 2005, the zone will be enforced on Wednesday, June 8,
through Monday, June 13.
[CGD13-02-020, 68 FR 31979, May 29, 2003, as amended by CDG13-05-007, 70
FR 33353, June 8, 2005]
Sec. 165.1313 Security zone regulations, tank ship protection, Puget
Sound and adjacent waters, Washington
(a) Notice of enforcement or suspension of enforcement. The tank
ship security zone established by this section will be enforced only
upon notice by the Captain of the Port Puget Sound. Captain of the Port
Puget Sound will cause notice of the enforcement of the tank ship
security zone to be made by all appropriate means to effect the widest
publicity among the affected segments of the public including
publication in the Federal Register as practicable, in accordance with
33 CFR 165.7(a). Such means of notification may also include but are not
limited to, Broadcast Notice to Mariners or Local Notice to Mariners.
The Captain of the Port Puget Sound will issue a Broadcast Notice to
Mariners and Local Notice to Mariners notifying the public when
enforcement of the tank ship security zone is suspended.
(b) The following definitions apply to this section:
(1) Federal Law Enforcement Officer means any employee or agent of
the United States government who has the authority to carry firearms and
make warrantless arrests and whose duties involve the enforcement of
criminal laws of the United States.
(2) Navigable waters of the United States means those waters defined
as such in 33 CFR part 2.
(3) Navigation Rules means the Navigation Rules, International-
Inland.
[[Page 778]]
(4) Official patrol means those persons designated by the Captain of
the Port to monitor a tank ship security zone, permit entry into the
zone, give legally enforceable orders to persons or vessels with in the
zone and take other actions authorized by the Captain of the Port.
Persons authorized in paragraph (k) to enforce this section are
designated as the official patrol.
(5) Public vessel means vessels owned, chartered, or operated by the
United States, or by a State or political subdivision thereof.
(6) Tank ship security zone is a regulated area of water,
established by this section, surrounding tank ships for a 500-yard
radius that is necessary to provide for the security of these vessels.
(7) Tank ship means a self-propelled tank vessel that is constructed
or adapted primarily to carry oil or hazardous material in bulk as cargo
or cargo residue in the cargo spaces. The definition of tank ship does
not include tank barges.
(8) Washington Law Enforcement Officer means any General Authority
Washington Peace Officer, Limited Authority Washington Peace Officer, or
Specially Commissioned Washington Peace Officer as defined in Revised
Code of Washington section 10.93.020.
(c) Security zone: There is established a tank ship security zone
extending for a 500-yard radius around all tank ships located in the
navigable waters of the United States in Puget Sound, WA, east of 123
degrees, 30 minutes West Longitude. [Datum: NAD 1983]
(d) Compliance: The tank ship security zone established by this
section remains in effect around tank ships at all times, whether the
tank ship is underway, anchored, or moored. Upon notice of enforcement
by the Captain of the Port Puget Sound, the Coast Guard will enforce the
tank ship security zone in accordance with rules set out in this
section. Upon notice of suspension of enforcement by the Captain of the
Port Puget Sound, all persons and vessels are authorized to enter,
transit, and exit the tank ship security zone, consistent with the
Navigation Rules.
(e) The Navigation Rules shall apply at all times within a tank ship
security zone.
(f) When within a tank ship security zone all vessels shall operate
at the minimum speed necessary to maintain a safe course and shall
proceed as directed by the on-scene official patrol or tank ship master.
No vessel or person is allowed within 100 yards of a tank ship, unless
authorized by the on-scene official patrol or tank ship master.
(g) To request authorization to operate within 100 yards of a tank
ship, contact the on-scene official patrol or tank ship master on VHF-FM
channel 16 or 13.
(h) When conditions permit, the on-scene official patrol or tank
ship master should:
(1) Permit vessels constrained by their navigational draft or
restricted in their ability to maneuver to pass within 100 yards of a
tank ship in order to ensure a safe passage in accordance with the
Navigation Rules;
(2) Permit commercial vessels anchored in a designated anchorage
area to remain at anchor when within 100 yards of a passing tank ship;
and
(3) Permit vessels that must transit via a navigable channel or
waterway to pass within 100 yards of a moored or anchored tank ship with
minimal delay consistent with security.
(i) Exemption. Public vessels as defined in paragraph (b) of this
section are exempt from complying with paragraphs (c), (d), (f), (g),
(h), (j), and (k) of this section.
(j) Exception. 33 CFR Part 161 promulgates Vessel Traffic Service
regulations. Measures or directions issued by Vessel Traffic Service
Puget Sound pursuant to 33 CFR Part 161 shall take precedence over the
regulations in this section.
(k) Enforcement. Any Coast Guard commissioned, warrant or petty
officer may enforce the rules in this section. In the navigable waters
of the United States to which this section applies, when immediate
action is required and representatives of the Coast Guard are not
present or not present in sufficient force to provide effective
enforcement of this section in the vicinity of a tank ship, any Federal
Law Enforcement Officer or Washington Law Enforcement Officer may
enforce the rules contained in this section pursuant to 33 CFR Sec.
6.04-11. In addition, the Captain of the
[[Page 779]]
Port may be assisted by other federal, state or local agencies in
enforcing this section.
[CGD13-02-018, 68 FR 15374, Mar. 31, 2003]
Sec. 165.1314 Safety Zone; Fort Vancouver Fireworks Display, Columbia
River, Vancouver, Washington.
(a) Location. The following area is a safety zone: All waters of the
Columbia River at Vancouver, Washington bounded by a line commencing at
the northern base of the Interstate 5 highway bridge at latitude
45[deg]37[sec] 16.5[min] N, longitude 122[deg]40[sec] 22.5[min]' W;
thence south along the Interstate 5 highway bridge to Hayden Island,
Oregon at latitude 45[deg]36[sec] 51.5[min] N, longitude 122[deg]40[sec]
39[min] W; thence east along Hayden Island to latitude 45[deg]36[sec]
36[min] N, longitude 122[deg]39[sec] 48[min] W (not to include Hayden
Bay); thence north across the river thru the preferred channel buoy, RG
Fl(2+1)R 6s, to the Washington shoreline at latitude 45[deg]37[sec]
1.5[min] N, longitude 122[deg]39[sec] 29[min] W; thence west along the
Washington shoreline to the point of origin.
(b) Regulations. In accordance with the general regulations in Sec.
165.23 of this part, no person or vessel may enter or remain in this
zone unless authorized by the Captain or the Port or his designated
representatives.
(c) Authority. In addition to 33 U.S.C. 1231, the authority for this
section includes 33 U.S.C. 1226.
(d) Enforcement period. This section will be enforced every July 4,
from 9:30 p.m. (P.D.T.) to 11 p.m. (P.D.T.).
[CGD13-03-001, 68 FR 31610, May 28, 2003]
Sec. 165.1315 Safety Zones: Annual fireworks events in the Captain
of the Port Portland Zone.
(a) Safety zones. The following areas are designated safety zones:
(1) Cinco de Mayo Fireworks Display, Portland, OR:
(i) Location. Waters on the Willamette River bounded by the Morrison
Bridge to the north, Hawthorne Bridge to the south, and the shoreline to
the east and west.
(ii) Enforcement period. One day in early May.
(2) Portland Rose Festival Fireworks Display, Portland, OR:
(i) Location. Waters on the Willamette River bounded by the Morrison
Bridge to the north, Hawthorne Bridge to the south, and the shoreline to
the east and west.
(ii) Enforcement period. One day in late May or early June.
(3) Tri-City Chamber of Commerce Fireworks Display, Columbia Park,
Kennewick, WA:
(i) Location. Waters on the Columbia River bounded by shoreline to
the north and south, Interstate 395 bridge to the east, and 1000 feet of
water to the west of the launching barge which is centered at 46 degrees
13 minutes 38 seconds North, 119 degrees 08 minutes 52 seconds West.
(ii) Enforcement date. Every July 4th.
(4) Cedco Inc. Fireworks Display, North Bend, OR
(i) Location. Waters on the Coos River bounded by shoreline to the
east and west and 1000 feet of water to the north and south of the
launching barge which is centered at 43 degrees 23 minutes 45 seconds
North, 124 degrees 12 minutes 50 seconds West.
(ii) Enforcement period. One day in early July.
(5) Astoria 4th of July Fireworks, Astoria, OR
(i) Location. All waters of the Columbia River at Astoria, Oregon
enclosed by the following points: North from the Oregon shoreline at 123
degrees 50 minutes 1 second West to 46 degrees 11 minutes 50 seconds
North, thence east to 123 degrees 49 minutes 15 seconds West, thence
south to the Oregon shoreline and finally westerly along the Oregon
shoreline to the point of origin.
(ii) Enforcement period. One day in early July.
(6) Oregon Food Bank Blues Festival Fireworks, Portland, OR
(i) Location. Waters on the Willamette River bounded by the
Hawthorne Bridge to the north, Marquam Bridge to the south, and
shoreline to the east and west.
(ii) Enforcement period. One day in early July.
(7) Oregon Symphony Concert Fireworks Display, Portland, OR
(i) Location. All waters of the Willamette River bounded by the
Hawthorne Bridge to the north, Marquam Bridge to the south, and
shoreline to the east and west.
[[Page 780]]
(ii) Enforcement period. One day in late August.
(8) Fort Vancouver Celebrate America Fireworks Display, Vancouver,
WA
(i) Location. All waters of the Columbia River bounded by 1000 feet
of water to the north, shoreline to the south, Interstate Five Bridge to
the west and 1000 feet of water to the east of the fireworks launching
barge which is centered at 45 degrees 36 minutes 50 seconds North, 122
degrees 40 minutes 22 seconds West.
(ii) Enforcement period. One day in late October.
(b) Regulations. (1) In accordance with Sec. 165.23, entry into
these zones is prohibited unless authorized by the Coast Guard Captain
of the Port, Portland or his designated representatives. Section 165.23
also contains other general requirements. Announcement of enforcement
periods may be made by the methods described in 33 CFR 165.7, or any
other reasonable method.
(c) Authority. In addition to 33 U.S.C. 1231, the authority for this
section includes 33 U.S.C. 1226.
[CGD01-03-008, 68 FR 32368, May 30, 2003]
Sec. 165.1316 Safety Zone; Columbia River, Astoria, Oregon.
(a) Location. The following area is a safety zone: All waters of the
Columbia River at Astoria, Oregon enclosed by the following points:
North from the Oregon shoreline at 123[deg]49[min]36[sec] West to
46[deg]11[min]51[sec] North thence east to 123[deg]48[min]53[sec] West
thence south to the Oregon shoreline and finally westerly along the
Oregon shoreline to the point of origin.
(b) Regulations. In accordance with the general regulations in Sec.
165.23 of this part, no person or vessel may enter or remain in this
zone unless authorized by the Captain or the Port or his designated
representatives.
(c) Authority. In addition to 33 U.S.C. 1231, the authority for this
section includes 33 U.S.C. 1226.
(d) Enforcement period. This section will normally be enforced on
the second Saturday of August from 9:30 p.m. (PDT) to 10:30 p.m. (PDT).
Announcement of enforcement periods may be made by the methods described
in 33 CFR 165.7, or any other reasonable method.
[CGD13-03-013, 68 FR 42290, July 17, 2003]
Sec. 165.1317 Security and Safety Zone; Large Passenger Vessel
Protection, Puget Sound and adjacent waters, Washington.
(a) Notice of enforcement or suspension of enforcement. The large
passenger vessel security and safety zone established by this section
will be enforced only upon notice by the Captain of the Port Puget
Sound. Captain of the Port Puget Sound will cause notice of the
enforcement of the large passenger vessel security and safety zone to be
made by all appropriate means to effect the widest publicity among the
affected segments of the public including publication in the Federal
Register as practicable, in accordance with 33 CFR 165.7(a). Such means
of notification may also include but are not limited to, Broadcast
Notice to Mariners or Local Notice to Mariners. The Captain of the Port
Puget Sound will issue a Broadcast Notice to Mariners and Local Notice
to Mariners notifying the public when enforcement of the large passenger
vessel security and safety zone is suspended.
(b) Definitions. The following definitions apply to this section:
Federal Law Enforcement Officer means any employee or agent of the
United States government who has the authority to carry firearms and
make warrantless arrests and whose duties involve the enforcement of
criminal laws of the United States.
Large Passenger Vessel means any cruise ship over 100 feet in length
carrying passengers for hire, and any auto ferries and passenger ferries
over 100 feet in length carrying passengers for hire such as the
Washington State Ferries, M/V COHO and Alaskan Marine Highway Ferries.
Large Passenger Vessel does not include vessels inspected and
certificated under 46 CFR, Chapter I, Subchapter T such as excursion
vessels, sight seeing vessels, dinner cruise vessels, and whale watching
vessels.
Large Passenger Vessel Security and Safety Zone is a regulated area
of water established by this section, surrounding large passenger
vessels for a
[[Page 781]]
500-yard radius to provide for the security and safety of these vessels.
Navigable waters of the United States means those waters defined as
such in 33 CFR part 2.
Navigation Rules means the Navigation Rules, International--Inland.
Official Patrol means those persons designated by the Captain of the
Port to monitor a large passenger vessel security and safety zone,
permit entry into the zone, give legally enforceable orders to persons
or vessels within the zone and take other actions authorized by the
Captain of the Port. Persons authorized in paragraph (l) to enforce this
section are designated as the Official Patrol.
Public vessel means vessels owned, chartered, or operated by the
United States, or by a State or political subdivision thereof.
Washington Law Enforcement Officer means any General Authority
Washington Peace Officer, Limited Authority Washington Peace Officer, or
Specially Commissioned Washington Peace Officer as defined in Revised
Code of Washington section 10.93.020.
(c) Security and safety zone. There is established a large passenger
vessel security and safety zone extending for a 500-yard radius around
all large passenger vessels located in the navigable waters of the
United States in Puget Sound, WA, east of 123[deg]30[min] West
Longitude. [Datum: NAD 1983].
(d) Compliance. The large passenger vessel security and safety zone
established by this section remains in effect around large passenger
vessels at all times, whether the large passenger vessel is underway,
anchored, or moored. Upon notice of enforcement by the Captain of the
Port Puget Sound, the Coast Guard will enforce the large passenger
vessel security and safety zone in accordance with rules set out in this
section. Upon notice of suspension of enforcement by the Captain of the
Port Puget Sound, all persons and vessels are authorized to enter,
transit, and exit the large passenger vessel security and safety zone,
consistent with the Navigation Rules.
(e) The Navigation Rules shall apply at all times within a large
passenger vessel security and safety zone.
(f) When within a large passenger vessel security and safety zone
all vessels must operate at the minimum speed necessary to maintain a
safe course and must proceed as directed by the on-scene official patrol
or large passenger vessel master. No vessel or person is allowed within
100 yards of a large passenger vessel that is underway or at anchor,
unless authorized by the on-scene official patrol or large passenger
vessel master. No vessel or person is allowed within 25 yards of a large
passenger vessel that is moored.
(g) To request authorization to operate within 100 yards of a large
passenger vessel that is underway or at anchor, contact the on-scene
official patrol or large passenger vessel master on VHF-FM channel 16 or
13.
(h) When conditions permit, the on-scene official patrol or large
passenger vessel master should:
(1) Permit vessels constrained by their navigational draft or
restricted in their ability to maneuver to pass within 100 yards of a
large passenger vessel in order to ensure a safe passage in accordance
with the Navigation Rules; and
(2) Permit vessels that must transit via a navigable channel or
waterway to pass within 100 yards of an anchored large passenger vessel
or within 25 yards of a moored large passenger vessel with minimal delay
consistent with security.
(i) When a large passenger vessel approaches within 100 yards of any
vessel that is moored or anchored, the stationary vessel must stay
moored or anchored while it remains within the large passenger vessel's
security and safety zone unless it is either ordered by, or given
permission by the Captain of the Port Puget Sound, his designated
representative or the on-scene official patrol to do otherwise.
(j) Exemption. Public vessels as defined in paragraph (b) of this
section are exempt from complying with paragraphs (c), (d), (f), (g),
(h), and (i), of this section.
(k) Exception. 33 CFR part 161 contains Vessel Traffic Service
regulations. When measures or directions issued by Vessel Traffic
Service Puget Sound pursuant to 33 CFR part 161 also
[[Page 782]]
apply, the measures or directions govern rather than the regulations in
this section.
(l) Enforcement. Any Coast Guard commissioned, warrant or petty
officer may enforce the rules in this section. In the navigable waters
of the United States to which this section applies, when immediate
action is required and representatives of the Coast Guard are not
present or not present in sufficient force to provide effective
enforcement of this section in the vicinity of a large passenger vessel,
any Federal Law Enforcement Officer or Washington Law Enforcement
Officer may enforce the rules contained in this section pursuant to 33
CFR 6.04-11. In addition, the Captain of the Port may be assisted by
other federal, state or local agencies in enforcing this section.
(m) Waiver. The Captain of the Port Puget Sound may waive any of the
requirements of this section for any vessel or class of vessels upon
finding that a vessel or class of vessels, operational conditions or
other circumstances are such that application of this section is
unnecessary or impractical for the purpose of port security, safety or
environmental safety.
[CGD13-03-018, 69 FR 2068, Jan. 14, 2004; 69 FR 4245, Jan. 29, 2004]
Sec. 165.1318 Security and Safety Zone Regulations, Large Passenger
Vessel Protection, Portland, OR Captain of the Port Zone
(a) Notice of enforcement or suspension of enforcement. The large
passenger vessel security and safety zone established by this section
will be enforced only upon notice by the Captain of the Port Portland.
Captain of the Port Portland will cause notice of the enforcement of the
large passenger vessel security and safety zone to be made by all
appropriate means to effect the widest publicity among the affected
segments of the public including publication in the Federal Register as
practicable, in accordance with 33 CFR 165.7(a). Such means of
notification may also include but are not limited to, Broadcast Notice
to Mariners or Local Notice to Mariners. The Captain of the Port
Portland will issue a Broadcast Notice to Mariners and Local Notice to
Mariners notifying the public when enforcement of the large passenger
vessel security and safety zone is suspended.
(b) Definitions. As used in this section--
Federal Law Enforcement Officer means any employee or agent of the
United States government who has the authority to carry firearms and
make warrantless arrests and whose duties involve the enforcement of
criminal laws of the United States.
Large passenger vessel means any vessel over 100 feet in length (33
meters) carrying passengers for hire including, but not limited to,
cruise ships, auto ferries, passenger ferries, and excursion vessels.
Large passenger vessel security and safety zone is a regulated area
of water, established by this section, surrounding large passenger
vessels for a 500 yard radius that is necessary to provide for the
security and safety of these vessels.
Navigable waters of the United States means those waters defined as
such in 33 CFR part 2.
Navigation Rules means the Navigation Rules, International-Inland.
Official Patrol means those persons designated by the Captain of the
Port to monitor a large passenger vessel security and safety zone,
permit entry into the zone, give legally enforceable orders to persons
or vessels with in the zone and take other actions authorized by the
Captain of the Port. Persons authorized as Federal Law Enforcement
Officers to enforce this section are designated as the Official Patrol.
Oregon Law Enforcement Officer means any Oregon Peace Officer as
defined in Oregon Revised Statutes section 161.015.
Public vessel means vessels owned, chartered, or operated by the
United States, or by a State or political subdivision thereof.
Washington Law Enforcement Officer means any General Authority
Washington Peace Officer, Limited Authority Washington Peace Officer, or
Specially Commissioned Washington Peace Officer as defined in Revised
Code of Washington section 10.93.020.
(c) Security and safety zone. There is established a large passenger
vessel security and safety zone extending for a
[[Page 783]]
500 yard radius around all large passenger vessels in the navigable
waters of the United States, in Portland, OR at the Columbia River Bar
``C'' buoy and extending eastward on the Columbia River to Kennewick, WA
and upriver through Lewiston, ID on the Snake River.
(d) Compliance. The large passenger vessel security and safety zone
established by this section remains in effect around large passenger
vessels at all times, whether the large passenger vessel is underway,
anchored, or moored. Upon notice of enforcement by the Captain of the
Port Portland, the Coast Guard will enforce the large passenger vessel
security and safety zone in accordance with rules set out in this
section. Upon notice of suspension of enforcement by the Captain of the
Port Portland, all persons and vessels are authorized to enter, transit,
and exit the large passenger vessel security and safety zone, consistent
with the Navigation Rules.
(e) Navigation Rules. The Navigation Rules shall apply at all times
within a large passenger vessel security and safety zone.
(f) Restrictions based on distance from large passenger vessel. When
within a large passenger vessel security and safety zone, all vessels
shall operate at the minimum speed necessary to maintain a safe course
and shall proceed as directed by the on-scene official patrol or large
passenger vessel master. No vessel or person is allowed within 100 yards
of a large passenger vessel that is underway or at anchor, unless
authorized by the on-scene official patrol or large passenger vessel
master.
(g) Requesting authorization to operate within 100 yards of large
passenger vessel. To request authorization to operate within 100 yards
of a large passenger vessel that is underway or at anchor, contact the
on-scene official patrol or large passenger vessel master on VHF-FM
channel 16 or 13.
(h) Maneuver-restricted vessels. When conditions permit, the on-
scene official patrol or large passenger vessel master should:
(1) Permit vessels constrained by their navigational draft or
restricted in their ability to maneuver to pass within 100 yards of a
large passenger vessel in order to ensure a safe passage in accordance
with the Navigation Rules; and
(2) Permit commercial vessels anchored in a designated anchorage
area to remain at anchor within 100 yards of a passing large passenger
vessel; and
(3) Permit vessels that must transit via a navigable channel or
waterway to pass within 100 yards of an anchored large passenger vessel.
(i) Stationary vessels. When a large passenger vessel approaches
within 100 yards of any vessel that is moored or anchored, the
stationary vessel must stay moored or anchored while it remains with in
the large passenger vessel's security and safety zone unless it is
either ordered by, or given permission by the Captain of the Port
Portland, his designated representative or the on-scene official patrol
to do otherwise.
(j) Exemption. Public vessels as defined in paragraph (b) of this
section are exempt from complying with paragraphs (c), (d), (f), (g),
(h), and (i), of this section.
(k) Enforcement. Any Coast Guard commissioned, warrant or petty
officer may enforce the rules in this section. In the navigable waters
of the United States to which this section applies, when immediate
action is required and representatives of the Coast Guard are not
present or not present in sufficient force to provide effective
enforcement of this section in the vicinity of a large passenger vessel,
any Federal Law Enforcement Officer, Oregon Law Enforcement Officer or
Washington Law Enforcement Officer may enforce the rules contained in
this section pursuant to 33 CFR 6.04-11. In addition, the Captain of the
Port may be assisted by other federal, state or local agencies in
enforcing this section.
(l) Waiver. The Captain of the Port Portland may waive any of the
requirements of this section for any vessel or class of vessels upon
finding that a vessel or class of vessels, operational conditions or
other circumstances are such that application of this section is
unnecessary or impractical for the purpose of port security, safety or
environmental safety.
[CGD13-03-022, 68 FR 53679, Sept. 12, 2003]
[[Page 784]]
Sec. 165.1319 Safety Zone Regulations, Seafair Blue Angels Air Show
Performance, Seattle, WA.
(a) Enforcement period. This section will be enforced annually
during the last week in July and the first two weeks of August from 8
a.m. until 4 p.m., each day during the event. The event will be one week
or less in duration. The specific dates during this time frame will be
published in the Federal Register.
(b) Location. The following is a safety zone: All waters of Lake
Washington, Washington State, enclosed by the following points: Near the
termination of Roanoke Way 47[deg]35[min]44[sec] N,
122[deg]14[min]47[sec] W; thence to 47[deg]35[min]48[sec] N,
122[deg]15[min]45[sec] W; thence to 47[deg]36[min]02.1[sec] N,
122[deg]15[min]50.2[sec] W; thence to 47[deg]35[min]56.6[sec] N,
122[deg]16[min]29.2[sec] W; thence to 47[deg]35[min]42[sec] N,
122[deg]16[min]24[sec] W; thence to the east side of the entrance to the
west highrise of the Interstate 90 bridge; thence westerly along the
south side of the bridge to the shoreline on the western terminus of the
bridge; thence southerly along the shoreline to Andrews Bay at
47[deg]33[min]06[sec] N, 122[deg]15[min]32[sec] W; thence northeast
along the shoreline of Bailey Peninsula to its northeast point at
47[deg]33[min]44[sec] N, 122[deg]15[min]04[sec] W; thence easterly along
the east-west line drawn tangent to Bailey Peninsula; thence northerly
along the shore of Mercer Island to the point of origin. [Datum: NAD
1983]
(c) Regulations. In accordance with the general regulations in 33
CFR Part 165, Subpart C, no person or vessel may enter or remain in the
zone except for support vessels and support personnel, vessels
registered with the event organizer, or other vessels authorized by the
Captain of the Port or his designated representatives. Vessels and
persons granted authorization to enter the safety zone shall obey all
lawful orders or directions of the Captain of the Port or his designated
representatives.
[CGD13-04-002, 69 FR 35250, June 24, 2004]
Sec. 165.1321 Security Zone; Protection of Military Cargo, Captain
of the Port Zone Puget Sound, WA.
(a) Notice of enforcement or suspension of enforcement. The Captain
of the Port Puget Sound will enforce the security zones established by
this section only upon notice. Captain of the Port Puget Sound will
cause notice of the enforcement of these security zone to be made by all
appropriate means to effect the widest publicity among the affected
segments of the public including publication in the Federal Register as
practicable, in accordance with 33 CFR 165.7(a). Such means of
notification may also include but are not limited to, Broadcast Notice
to Mariners or Local Notice to Mariners. The Captain of the Port Puget
Sound will issue a Broadcast Notice to Mariners and Local Notice to
Mariners notifying the public when enforcement of these security zones
is suspended.
(b) Definitions. The following definitions apply to this section:
Designated Representative means those persons designated by the
Captain of the Port to monitor these security zones, permit entry into
these zones, give legally enforceable orders to persons or vessels with
in these zones and take other actions authorized by the Captain of the
Port. Persons authorized in paragraph (g) to enforce this section and
Vessel Traffic Service Puget Sound (VTS) are Designated Representatives.
Federal Law Enforcement Officer means any employee or agent of the
United States government who has the authority to carry firearms and
make warrantless arrests and whose duties involve the enforcement of
criminal laws of the United States.
Navigable waters of the United States means those waters defined as
such in 33 CFR Part 2.
Public vessel means vessels owned, chartered, or operated by the
United States, or by a State or political subdivision thereof.
Washington Law Enforcement Officer means any General Authority
Washington Peace Officer, Limited Authority Washington Peace Officer, or
Specially Commissioned Washington Peace Officer as defined in Revised
Code of Washington section 10.93.020.
(c) Security zone. The following areas are security zones:
(1) Blair Waterway Security Zone: The Security Zone in the Blair
Waterway, Commencement Bay, WA, includes all waters enclosed by a line
connecting the following points: 47[deg]16[min]57[min][min] N,
122[deg]24[min]39[min][min] W, which is approximately
[[Page 785]]
the beginning of Pier No. 23 (also known as the Army pier); then
northwesterly to 47[deg]17[min]05[min][min] N,
122[deg]24[min]52[min][min] W, which is the end of the Pier No. 23 (Army
pier); then southwesterly to 47[deg]16[min]42[min][min] N,
122[deg]25[min] 18[min][min] W, which is the approximate location of a
private buoy on the end of the sewage outfall; then southeasterly to
47[deg]16[min]33[min][min] N, 122[deg]25[min]04[min][min] W, which is
approximately the northwestern end of Pier No. 5; then northeasterly to
the northwestern end of Pier No. 1; then southeasterly along the
shoreline of the Blair Waterway to the Blair Waterway turning basin;
then along the shoreline around the Blair Waterway turning basin; then
northwesterly along the shoreline of the Blair Waterway to the
Commencement Bay Directional Light (light list number 17159); then
northeasterly along the shoreline to the point of origin. [Datum: NAD
1983].
(2) Sitcum Waterway Security Zone: The Security Zone in the Sitcum
Waterway, Commencement Bay, WA, includes all waters enclosed by a line
connecting the following points: 47[deg]16[min]33[min][min] N,
122[deg]25[min]04[min][min] W, which is approximately the northwestern
end of Pier No. 5; then northwesterly to 47[deg]16[min]42[min][min] N,
122[deg]25[min]18[min][min] W, which is the approximate location of a
private buoy on the end of the sewage outfall; then southwesterly to
47[deg]16[min]23[min][min] N, 122[deg]25[min]36[min][min] W; then
southeasterly to 47[deg]16[min]10[min][min] N,
122[deg]25[min]27[min][min] W, which is the northwestern corner of Pier
No. 2; then extending northeasterly to 47[deg]16[min]13[min][min] N,
122[deg]25[min]13[min][min] W; then extending southeasterly along the
shoreline of the Sitcum Waterway; then northeasterly along the shoreline
at the terminus of the Sitcum Waterway and then northwesterly along the
shoreline of the Sitcum Waterway; then northeasterly along the shoreline
of Pier No. 5 to the point of origin. [Datum: NAD 1983].
(3) Budd Inlet Security Zone: The Security Zone in Budd Inlet, West
Bay, Olympia WA includes all waters enclosed by a line connecting the
following points: 47[deg]03[min]12[sec] N, 122[deg]54[min]21[sec] W,
which is approximately the northwestern end of the fence line enclosing
Berth 1 at Port of Olympia; then northerly to 47[deg]03[min]15[sec] N,
122[deg]54[min]21[sec] W, which is the approximate 300 feet north along
the shoreline; then westerly to 47[deg]03[min]15[sec] N,
122[deg]54[min]26[sec] W; then southerly to 47[deg]03[min]06[sec] N,
122[deg]54[min]26[sec] W; then southeasterly to 47[deg]03[min]03[sec] N,
122[deg]54[min]20[sec] W, which is approximately the end of the T-shaped
pier; then north to 47[deg]03[min]01[sec] N, 122[deg]54[min]21[sec] W,
which is approximately the southwestern corner of berth 1; then
northerly along the shoreline to the point of origin. [Datum: NAD 1983].
(d) Obtaining permission to enter, move within, or exit the security
zones. All vessels must obtain permission from the COTP or a Designated
Representative to enter, move within, or exit the security zones
established in this section when these security zones are enforced.
Vessels 20 meters or greater in length should seek permission from the
COTP or a Designated Representative at least 4 hours in advance. Vessels
less than 20 meters in length should seek permission at least 1 hour in
advance. VTS Puget Sound may be reached on VHF channel 14.
(e) Compliance. Upon notice of enforcement by the Captain of the
Port Puget Sound, the Coast Guard will enforce these security zones in
accordance with rules set out in this section. Upon notice of suspension
of enforcement by the Captain of the Port Puget Sound, all persons and
vessels are authorized to enter, transit, and exit these security zones.
(f) Regulations. Under the general regulations in 33 CFR part 165
subpart D, this section applies to any vessel or person in the navigable
waters of the United States to which this section applies. No person or
vessel may enter the security zones established in this section unless
authorized by the Captain of the Port or his designated representatives.
Vessels and persons granted permission to enter the security zone shall
obey all lawful orders or directions of the Captain of the Port or his
designated representatives. All vessels shall operate at the minimum
speed necessary to maintain a safe course.
(g) Enforcement. Any Coast Guard commissioned, warrant or petty
officer may enforce the rules in this section. In the navigable waters
of the United States to which this section applies, when immediate
action is required and representatives of the Coast Guard are not
present or not present in sufficient
[[Page 786]]
force to provide effective enforcement of this section, any Federal Law
Enforcement Officer or Washington Law Enforcement Officer may enforce
the rules contained in this section pursuant to 33 CFR 6.04-11. In
addition, the Captain of the Port may be assisted by other federal,
state or local agencies in enforcing this section pursuant to 33 CFR
6.04-11.
(h) Exemption. Public vessels as defined in paragraph (b) of this
section are exempt from the requirements in this section.
(i) Waiver. For any vessel, the Captain of the Port Puget Sound may
waive any of the requirements of this section, upon finding that
operational conditions or other circumstances are such that application
of this section is unnecessary or impractical for the purpose of port
security, safety or environmental safety.
[CGD13-04-019, 69 FR 52603, Aug. 27, 2004, as amended by CGD13-04-040,
69 FR 71711, Dec. 10, 2004; CGD13-04-46, 70 FR 2019, Jan. 12, 2005]
Fourteenth Coast Guard District
Sec. 165.1401 Apra Harbor, Guam--safety zones.
(a) The following is designated as Safety Zone A--The waters of the
Pacific Ocean and Apra Outer Harbor encompassed within an arc of 725
yards radius centered at the center of Wharf H. (Located at
13[deg]27[min]47[sec] N and 144[deg]39[min]01.9[sec] E. Based on World
Geodetic System 1984 Datum)
(b) The following is designated Safety Zone B--The waters of Apra
Outer Harbor encompassed within an arc of 680 yards radius centered at
the center of Naval Wharf Kilo. (Located at 13[deg]26[min]43[sec] N,
144[deg]37[min]46.7[sec] E. Based on World Geodetic system 1984 Datum)
(c) Special regulations. (1) Section 165.23 does not apply to Safety
Zone A and/or Safety Zone B, except when Wharf H and/or Naval Wharf
Kilo, or a vessel berthed at Wharf H and/or Naval Wharf Kilo, is
displaying a red (BRAVO) flag by day or a red light by night.
(2) In accordance with the general regulations in 165.23 of this
part, entry into these zones is prohibited unless authorized by the
Captain of the Port, Guam.
[COTP Guam Reg. 89-001, 55 FR 18725, May 4, 1990]
Sec. 165.1402 Apra Outer Harbor, Guam--regulated navigation area.
(a) The following is a regulated navigation area--The waters of the
Pacific Ocean and Apra Outer Harbor enclosed by a line beginning at
latitude 13[deg]26[min]47[sec] N, longitude 144[deg]35[min]07[sec] E;
thence to Spanish Rocks at latitude 13[deg]27[min]09.5[sec] N, longitude
144[deg]37[min]20.6[sec] E; thence along the shoreline of Apra Outer
Harbor to latitude 13[deg]26[min]28.1[sec] N, longitude
144[deg]39[min]52.5[sec] E (the northwest corner of Polaris Point);
thence to latitude 13[deg]26[min]40.2[sec] N, longitude
144[deg]39[min]28.1[sec] E; thence to latitude 13[deg]26[min]32.1[sec]
N, longitude 144[deg]39[min]02.8[sec] E; thence along the shoreline of
Apra Outer Harbor to Orote Point at latitude 13[deg]26[min]42[sec] N,
longitude 144[deg]36[min]58.5[sec] E; thence to the beginning. (Based on
WGS 84 Datum)
(b) Regulations:
(1) Except for public vessels of the United States, vessels may not
enter Apra Outer Harbor without permission of the Captain of the Port if
they have on board more than 25 tons of high explosives.
(2) Except for vessels not more than 65 feet in length, towboats or
tugs without tows, no vessel may pass another vessel in the vicinity of
the Outer Harbor entrance.
(3) Vessels over 100 gross tons shall:
(i) Steady on the entrance range at least 2 miles west of the
entrance when approaching Apra Outer Harbor and;
(ii) [Reserved]
(iii) Steady on the range when departing Apra Outer Harbor.
(4) Vessels may not anchor in the fairway. The fairway is the area
within 375 feet on either side of a line beginning at latitude
13[deg]26[min]47[sec] N, longitude 144[deg]35[min]07[sec] E; thence to
latitude 13[deg]27[min]14.1[sec] N, longitude 144[deg]39[min]14.4[sec]
E; thence to latitude 13[deg]26[min]35.2[sec] N, longitude
144[deg]39[min]46.4[sec] E; thence to latitude 13[deg]26[min]30.8[sec]
N, longitude 144[deg]39[min]44.4[sec] E. (Based on WGS 84 Datum)
(5) Vessels over 100 gross tons may not proceed at a speed exceeding
12 knots within the harbor.
(6) No vessel may leave Apra Outer Harbor until any inbound vessel
over 65
[[Page 787]]
feet in length has cleared the Outer Harbor Entrance.
[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 96-026, 61 FR
33669, June 28, 1996; USCG-1998-3799, 63 FR 35533, June 30, 1998]
Sec. 165.1403 Security Zone: Tinian, Commonwealth Northern Marianas
Islands.
(a) Location. The following is designated as a security zone: The
waters of the Pacific Ocean off Tinian between 14[deg]59[min]04.9[sec]
N, 145[deg]34[min]58.6[sec] E to 14[deg]59[min]20.1[sec] N,
145[deg]35[min]41.5[sec] E to 14[deg]59[min]09.8[sec] N,
145[deg]36[min]02.1[sec] E to 14[deg]57[min]49.3[sec] N,
145[deg]36[min]28.7[sec] E to 14[deg]57[min]29.1[sec] N,
145[deg]35[min]31.1[sec] E and back to 14[deg]59[min]04.9[sec] N,
145[deg]34[min]58.6[sec] E. This zone is in effect when one, or more, of
the Maritime Preposition Ships is in the zone or moored at Mooring A
located at 14[deg]58[min]57.0[sec] N and 145[deg]35[min]40.8[sec] E or
Mooring B located at 14[deg]58[min]15.9[sec] N, 145[deg]35[min]54.8[sec]
E. Additionally, a 50-yard security zone will remain in effect in all
directions around Moorings A and B when no vessels are moored thereto.
Note: All positions of latitude and longitude are from International
Spheroid, Astro Pier 1944 (Saipan) Datum (NOAA Chart 81071).
(b) Regulations. (1) In accordance with general regulations in Sec.
165.33 of this part, entry into this security zone is prohibited unless
authorized by the Captain of the Port.
[COTP Honolulu Reg. 86-08, 51 FR 42220, Nov. 24, 1986, as amended by
USCG-2001-9286, 66 FR 33642, June 25, 2001]
Sec. 165.1404 Apra Harbor, Guam--security zone.
(a) The following is designated as Security Zone C--The waters of
Apra Outer Harbor, Guam surrounding Naval Mooring Buoy No. 702 (Located
at 13[deg]27[min]30.1[sec] N and 144[deg]38[min]12.9[sec] E. Based on
World Geodetic System 1984 Datum) and the Maritime Prepositioning ships
moored thereto. The security zone will extend 100 yards in all
directions around the vessel and its mooring. Additionally, a 50 yard
security zone will remain in effect in all directions around buoy No.
702 when no vessel is moored thereto.
(b) In accordance with the general regulations in Sec. 165.33 of
this part, entry into Security Zone C is prohibited unless authorized by
the Captain of the Port, Guam.
[COTP Guam Reg. 89-001, 55 FR 18725, May 4, 1990]
Sec. 165.1405 Regulated Navigation Areas and Security Zones; Designated
Escorted Vessels-Philippine Sea and Apra Harbor, Guam (including Cabras
Island
Channel), and Tanapag Harbor, Saipan, Commonwealth of the
Northern Mariana Islands (CNMI).
(a) Regulated navigation area. The following areas, designated by
coordinates referencing World Geodetic Datum (1984), are regulated
navigation areas (RNAs).
(1) Philippine Sea, Guam--All waters from the surface to the bottom
of the Philippine Sea, Guam, encompassed by lines connecting the
following points, beginning at 13[deg]27[min]10[sec] N,
144[deg]35[min]05[sec] E, thence easterly to 13[deg]27[min]17[sec] N,
144[deg]37[min]27[sec] E, thence south westerly to 13[deg]26[min]52[sec]
N, 144[deg]37[min]05[sec] E, thence westerly to 13[deg]26[min]37[sec] N,
144[deg]35[min]05[sec] E, thence due north back to point of origin.
(2) Apra Harbor, Guam--All waters from surface to bottom of Apra
Harbor, Guam, shoreward of the COLREGS Demarcation as described in 33
CFR part 80.
(3) Tanapag Harbor, Saipan--The waters from surface to bottom of
Tanapag Harbor, Saipan (CNMI), encompassed by lines connecting the
following points, beginning at 15[deg]12[min]10[sec] N,
145[deg]40[min]28[sec] E, thence north easterly to 15[deg]14[min]08[sec]
N, 145[deg]42[min]00[sec] E, thence due east to 15[deg]14[min]08[sec] N,
145[deg]44[min]02[sec] E, thence south easterly to 15[deg]13[min]54[sec]
N, 144[deg]44[min]20[sec] E, thence south westerly along the shoreline
to 15[deg]13[min]11[sec] N, 145[deg]43[min]01[sec] E, thence south
westerly to 15[deg]12[min]10[sec] N, 145[deg]40[min]28[sec] E.
(4) Cabras Island Channel, Guam--All waters from surface to bottom
of Cabras Island Channel, Guam, beginning at point 13[deg]27[min]34[sec]
N, 144[deg]39[min]39[sec] E and extending south easterly to position
13[deg]27[min]24[sec] N, 144[deg]39[min]59[sec] E then heading easterly
along the shoreline to position 13[deg]27[min]31[sec] N,
144[deg]40[min]22[sec] E then heading north to position
13[deg]27[min]37[sec] N, 144[deg]40[min]22[sec] E following the
shoreline in a westerly direction back to point of origin.
(b) Security zones. A 100-yard radius security zone is established
around,
[[Page 788]]
and is centered on, each escorted vessel within the regulated navigation
areas in paragraph (a) of this section. A security zone is activated
when an escorted vessel enters an RNA and remains active until the
escorted vessel leaves the RNA. This is a moving security zone when the
escorted vessel is in transit and becomes a fixed zone when the escorted
vessel is anchored or moored. A security zone will not extend beyond the
boundary of the RNA in this section.
(c) Definitions. As used in this section:
(1) Designated representative means any Coast Guard commissioned,
warrant, or petty officer that has been authorized to act on behalf of
the COTP.
(2) Escorted Vessel means any vessel operating in the RNA deemed by
the COTP to be in need of escort protection for security reasons or
under other circumstances. A designated representative aboard a Coast
Guard cutter or patrol boat will accompany vessels deemed in need of
escort protection into the RNA.
(3) Navigation rules mean international and inland navigation rules
in 33 CFR chapter I, subchapters D and E.
(4) Vessel means every description of watercraft or other artificial
contrivance used, or capable of being used, as a means of transportation
on water, except U.S. Coast Guard or U.S. naval vessels.
(d) Regulations. (1) No person or vessel may enter into the security
zones under this section unless authorized by the COTP Guam or a
designated representative.
(2) A vessel in the RNA established under paragraph (a) of this
section operating within 500 yards of an escorted vessel must proceed at
a minimum speed necessary to maintain a safe course, unless required to
maintain speed by the navigation rules.
(3) When an escorted vessel in the RNA approaches within 100 yards
of a vessel that is moored, or anchored in a designated anchorage area,
the stationary vessel must stay moored or anchored while it remains
within the escorted vessel's security zone unless it is either ordered
by, or given permission from the COTP Guam or a designated
representative to do otherwise.
(4) The COTP will inform the public of the existence or status of
the security zones around escorted vessels in the RNA periodically by
Broadcast Notice to Mariners.
(5) Persons or vessels that must enter a security zone or exceed
speed limits established in this section may contact the COTP at command
center telephone number (671) 339-6100 or on VHF channel 16 (156.8 Mhz)
to request permission.
(6) All persons and vessels within 500 yards of an escorted vessel
in the RNA must comply with the orders of the COTP Guam or his
designated representatives.
(e) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
[CGD14-02-002, 68 FR 4384, Jan. 29, 2003]
Sec. 165.1406 Safety Zone: Pacific Missile Range Facility (PMRF),
Barking Sands, Island of Kauai, Hawaii.
(a) Location. The following area is established as a safety zone
during launch operations at PMRF, Kauai, Hawaii: The waters bounded by
the following coordinates: (22[deg]01.2[min] N, 159[deg]47.3[min] W),
(22[deg]01.2[min] N, 159[deg]50.7[min] W), (22[deg]06.3[min] N,
159[deg]50.7[min] W), (22[deg]06.3[min] N, 159[deg]44.8[min] W). (Datum:
OHD)
(b) Activation. The above safety zone will be activated during
launch operations at PMRF, Kauai, Hawaii. The Coast Guard will provide
notice that the safety zone will be activated through published and
broadcast local notice to mariners prior to scheduled launch dates.
(c) Regulation. The area described in paragraph (a) of this section
will be closed to all vessels and persons, except those vessels and
persons authorized by the Commander, Fourteenth Coast Guard District, or
the Captain of the Port (COTP) Honolulu, Hawaii, whenever Strategic
Target System (STARS) vehicles are to be launched by the United States
Government from the PMRF, Barking Sands, Kauai, Hawaii.
(d) The general regulations governing safety zones contained in 33
CFR 165.23 apply.
[CGD14 92-05, 57 FR 54508, Nov. 19, 1992, as amended by CGD 96-026, 61
FR 33669, June 28, 1996]
[[Page 789]]
Sec. 165.1407 Security Zones; Oahu, Maui, Hawaii, and Kauai, HI.
(a) Location. The following areas, from the surface of the water to
the ocean floor, are security zones:
(1) All waters of Honolulu Harbor and entrance channel, Keehi
Lagoon, and General Anchorages A, B, C, and D as defined in 33 CFR
110.235 that are shoreward of the following coordinates: The shoreline
at 21[deg]17.68[min] N, 157[deg]52.0[min] W; thence due south to
21[deg]16.0[min] N, 157[deg]52.0[min] W; thence due west to
21[deg]16.0[min] N, 157[deg]55.58[min] W; thence due north to Honolulu
International Airport Reef Runway at 21[deg]18.25[min] N,
157[deg]55.58[min] W.
(2) The waters around the Tesoro Single Point and the Chevron
Conventional Buoy Moorings beginning at 21[deg]16.43[min] N,
158[deg]6.03[min] W; thence northeast to 21[deg]17.35[min] N,
158[deg]3.95[min] W; thence southeast to 21[deg]16.47[min] N,
158[deg]3.5[min] W; thence southwest to 21[deg]15.53[min] N,
158[deg]5.56[min] W; thence north to the beginning point.
(3) The Kahului Harbor and Entrance Channel, Maui, HI consisting of
all waters shoreward of the COLREGS DEMARCATION line. (See 33 CFR
80.1460).
(4) All waters within the Nawiliwili Harbor, Kauai, HI shoreward of
the COLREGS DEMARCATION line (See 33 CFR 80.1450).
(5) All waters of Port Allen Harbor, Kauai, HI shoreward of the
COLREGS DEMARCATION line (See 33 CFR 80.1440).
(6) The waters within a 100-yard radius centered on each cruise ship
in Hilo Harbor, Hawaii, HI and Entrance Channel shoreward of the COLREGS
DEMARCATION (See 33 CFR 80.1480). This is a moving security zone when
the cruise ship is in transit and becomes a fixed zone when the cruise
ship is anchored or moored.
(7) The waters extending out 500 yards in all directions from cruise
ships anchored or position keeping within 3 miles of:
(i) Lahaina Harbor, Maui, HI, between Makila Point and Puunoa Point.
(ii) Kailua-Kona Harbor, Hawaii, HI, between Keahulolu Point and
Puapuaa Point.
(8) All waters contained within the Barbers Point Harbor, Oahu, HI,
enclosed by a line drawn between Harbor Entrance Channel Light 6 and the
jetty point day beacon at 21[deg] 19.5[min] N, 158[deg]07.3[min] W.
(b) Designated representative: A designated representative of the
Captain of the Port is any Coast Guard commissioned officer, warrant or
petty officer that has been authorized by the Captain of the Port
Honolulu to act on his behalf.
(c) Cruise ship: For the purposes of this section, the term ``cruise
ship'' is defined as a passenger vessel over 100 gross tons, carrying
more than 12 passengers for hire, making a voyage lasting more than 24
hours, any part of which is on the high seas, and for which passengers
are embarked or disembarked in the United States or its territories. A
``voyage'' in this section means the cruise ship's entire course of
travel, from the first port at which the cruise ship embarks passengers
until its return to its last port of call where the majority of
passengers are disembarked.
(d) Regulations. (1) In accordance with Sec. 165.33, entry into
these zones is prohibited unless authorized by the Coast Guard Captain
of the Port Honolulu, or his designated representatives. Section 165.33
also contains other general requirements.
(2) The existence or status of the security zones in this section
will be announced periodically by Broadcast Notice to Mariners.
(3) Persons desiring to transit the areas of the security zones may
contact the Captain of the Port by calling the Command Center at
telephone numbers (808) 541-2477 or (800) 552-6458, or on VHF channel 16
(156.8 Mhz) to seek permission to transit the area. Written requests may
be submitted to the Captain of the Port, Coast Guard Marine Safety
Office Honolulu, 433 Ala Moana Blvd., Honolulu, HI 96813 or faxed to
(808) 522-8270. If permission is granted, all persons and vessels shall
comply with the instructions of the Captain of the Port or his
designated representatives.
(4) Persons entering a security zone without authorization of the
Captain of the Port may be subject to a civil penalty of not more than
$25,000 for each violation or a criminal penalty resulting in
imprisonment of not more than
[[Page 790]]
ten years and a fine not more than $10,000.
[CGD14-03-001, 68 FR 20347, Apr. 25, 2003]
Seventeenth Coast Guard District
Sec. 165.T17-010 Safety Zone; Bering Sea, Aleutian Islands, Unalaska
Island, AK.
(a) Description. This safety zone is defined by a point at the
western tip of Cape Kovrizhka, Unalaska Island, located at
53[deg]51.0[min] N, 167[deg]9.5[min] W, then west 10 nautical miles to a
point located at 53[deg]51.0[min] N, 167[deg]26[min] W, then south to
the northern tip of Wedge Point, Unalaska Island, located at
53[deg]27[min] N, 167[deg]24[min] W. All coordinates reference Datum:
NAD 1983.
(b) Enforcement period. The safety zone in this section will be
enforced from June 12, 2005 through November 30, 2005.
(c) Regulations. (1) The Captain of the Port and the Duty Officer at
Marine Safety Office, Anchorage, Alaska can be contacted at telephone
number (907) 271-6700.
(2) The Captain of the Port may authorize and designate any Coast
Guard commissioned, warrant, or petty officer to act on his behalf in
enforcing the safety zone.
(3) The general regulations governing safety zones contained in
Sec. 165.23 apply. No person or vessel may enter or remain in this
safety zone, with the exception of attending vessels, without first
obtaining permission from the Captain of the Port or his on-scene
representative.
[COTP Western Alaska-04-003, 70 FR 28429, May 18, 2005]
Effective Date Note: By COTP Western Alaska-04-003, 70 FR 28429, May
18, 2005, Sec. 165.T17-010 was added, effective June 12, 2005 to Nov.
30, 2005.
Sec. 165.T17-020 Port Valdez and Valdez Narrows, Valdez,
Alaska--security zones.
(a) Location. The following areas are security zones--
(1) Trans-Alaska Pipeline System (TAPS) Valdez Terminal Complex
(Terminal), Valdez, Alaska. All waters enclosed within a line beginning
on the southern shoreline of Port Valdez at 61[deg]04.97[min] N,
146[deg]26.33[min] W; thence northerly to the yellow buoy at
61[deg]06.50[min] N, 146[deg]26.33[min] W; thence east to the yellow
buoy at 61[deg]06.50[min] N, 146[deg]21.23[min] W; thence south to
61[deg]05.11[min] N, 146[deg]21.23[min] W; thence west along the
shoreline and including the area 2000 yards inland along the shoreline
to the beginning point. This security zone encompasses all waters
approximately 1 mile north, east and west of the TAPS Terminal between
Allison Creek (61[deg]05.11[min] N, 146[deg]21.23[min] W) and Sawmill
Spit (61[deg]04.97[min] N, 146[deg]26.33[min] W).
(2) Tank vessels in COTP Prince William Sound Zone. All waters
within 200 yards of any tank vessel maneuvering to approach, moor,
unmoor or depart the TAPS Terminal or transiting, maneuvering, laying
to, or anchored within the boundaries of the Captain of the Port, Prince
William Sound Zone described in 33 CFR 3.85-20(b).
(3) Valdez Narrows, Port Valdez, Valdez, Alaska. All waters within
200 yards of the Valdez Narrows Tanker Optimum Track line, when a tanker
is navigating through the narrows.
(i) The Valdez Narrows Tanker Optimum Track line is a line
commencing at 61[deg]05.38[min] N, 146[deg]37.38[min] W; thence south
westerly to 61[deg]04.05[min] N, 146[deg]40.05[min] W; thence southerly
to 61[deg]04.05[min] N, 146[deg]41.20[min] W.
(ii) This security zone encompasses all waters 200 yards either side
of the Valdez Narrows Optimum Track line.
(iii) Whenever a tank vessel is navigating on the Valdez Narrows
Optimum Track line, the security zone is activated and subject to
enforcement. All vessels forward of a TAPS tanker's movement shall
vacate the security zone surrounding the Optimum Track line. Vessels may
reenter the security zone astern of a moving tanker provided that a 200
yards separation is given, as required in paragraph (a)(2) of this
section.
(b) Regulations. (1) The general regulations in 33 CFR 165.33 apply
to the security zones established in paragraph (a) of this section. No
person or vessel may enter these security zones without permission of
the Captain of the Port, Prince William Sound.
(2) All persons and vessels granted permission to enter these
security
[[Page 791]]
zones must comply with the instructions of the Captain of the Port
representative or designated on-scene patrol vessel. These personnel are
comprised of commissioned, warrant, and petty officers of the Coast
Guard. Upon being hailed by a Coast Guard vessel by siren, radio,
flashing light, or other means, the operator of a vessel must proceed as
directed.
(3) The Captain of the Port or his representative or the designated
on-scene patrol vessel may authorize vessels to enter the security zones
in this section.
(c) Effective period. This section is effective from June 13, 2005,
to October 11, 2005.
[COTP Prince William Sound 05-008, 70 FR 37683, June 30, 2005]
Effective Date Note: By COTP Prince William Sound 05-008, 70 FR
37683, June 30, 2005, Sec. 165.T17-020 was added, effective June 13,
2005 to October 11, 2005.
Sec. 165.1701 Port Valdez, Valdez, Alaska--safety zone.
The waters within the following boundaries are a safety zone--The
area within 200 yards of any waterfront facility at the Trans-Alaska
Pipeline Valdez Terminal complex or vessels moored or anchored at the
Trans-Alaska Pipeline Valdez Terminal complex and the area within 200
yards of any tank vessel maneuvering to approach, moor, unmoor, or
depart the Trans-Alaska Pipeline Valdez Terminal complex.
Sec. 165.1702 Gastineau Channel, Juneau, Alaska--safety zone.
(a) The waters within the following boundaries are a safety zone: A
line beginning at the Standard Oil Company Pier West Light (LLNR 3217),
located at position 58[deg]17.9[min] N, 134[deg]24.8[min] W, in the
direction of 140[deg] True to Rock Dump Lighted Buoy 2A (LLNR 3213) at
position 58[deg]17.2[min] N, 134[deg]23.8[min] W; thence in the
direction of 003[deg] True to a point at position 58[deg]17.4[min] N,
134[deg]23.7[min] W, on the north shore of Gastineau Channel; thence
northwesterly along the north shore of Gastineau Channel to the point of
origin.
(b) Special Regulations:
(1) All vessels may transit or navigate within the safety zone.
(2) No vessels, other than a large passenger vessel (including
cruise ships and ferries) may anchor within the Safety zone without the
express consent from the Captain of the Port, Southeast Alaska.
[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 79-026, 48 FR
35408, Aug. 4, 1983]
Sec. 165.1703 Ammunition Island, Port Valdez, Alaska.
(a) Location. The waters within the following boundaries is a safety
zone--the area within a radius of 1330 yards of Ammunition Island,
centered on latitude 61[deg]07[min]28[sec] N, longitude
146[deg]18[min]29[sec] W, (NAD 83) and the vessel moored or anchored at
Ammunition Island.
(b) The area 200 yards off the vessel navigating the Vessel Traffic
system from abeam of Naked Island, maneuvering to approach, moor, unmoor
at Ammunition Island, or the departure of the vessel from Ammunition
Island.
(c) Special regulation. (1) Section 165.23 does not apply to
paragraph (a) of this section, except when the vessel is moored to
Ammunition Island.
(d) Effective August 25, 1987 Notice of vessels arrival will be made
in the Notice to Mariners, Local Notice to Mariners and in the Local
Valdez news-paper, prior to the vessel arrival.
[52 FR 30671, Aug. 17, 1987, as amended by USCG-1998-3799, 63 FR 35533,
June 30, 1998; COTP Prince William Sound 02-010, 67 FR 45313, July 9,
2002]
Sec. 165.1704 Prince William Sound, Alaska-regulated navigation area.
(a) The following is a regulated navigation area: The navigable
waters of the United States north of a line drawn from Cape Hinchinbrook
Light to Schooner Rock Light, comprising that portion of Prince William
Sound between 146[deg]30[min] W. and 147[deg]20[min] W. and includes
Valdez Arm, Valdez Narrows, and Port Valdez.
(b) Within the regulated navigation area described in paragraph (a)
of this section, Sec. 161.60 of this chapter establishes a VTS Special
Area for the waters of Valdez Arm, Valdez Narrows, and Port Valdez
northeast of a line bearing 307[deg] True from Tongue Point at
61[deg]02[min]06[sec] N., 146[deg]40[min] W.; and southwest of
[[Page 792]]
a line bearing 307[deg] True from Entrance Island Light at
61[deg]05[min]06[sec] N., 146[deg]36[min]42[sec] W.
(c) Regulations. In addition to the requirements set forth in Sec.
161.13 and Sec. 161.60(c) of this chapter, a tank vessel of 20,000
deadweight tons or more that intends to navigate within the regulated
navigation area must:
(1) Report compliance with part 164 of this chapter, to the Vessel
Traffic Center (VTC);
(2) Have at least two radiotelephones capable of operating on the
designated VTS frequency, one of which is capable of battery operation;
(3) When steady wind conditions in the VTS Special Area or Port
Valdez exceed, or are anticipated to exceed 40 knots, proceed as
directed by the VTC (entry into the VTS Special Area and Port Valdez is
prohibited);
(4) When transiting the VTS Special Area, limit speed to 12 knots;
(5) If laden and intending to navigate the VTS Special Area, limit
speed to 12 knots except between Middle Rock and Potato Point where the
speed limit shall be 6 knots; and
(6) Until December 31, 2004, have an operating Automatic
Identification System Shipborne Equipment (AISSE) system installed.
(i) The designated digital selective calling frequency (DSC) in
Prince William Sound is 156.525MHz (VHF Channel 70).
(ii) AISSE equipped vessels will not be required to make voice radio
position reports at designated reporting points required by Sec.
161.20(b), unless otherwise directed by the VTC.
(iii) Whenever a vessel's AISSE becomes non-operational, as defined
in Sec. 164.43(c) of this chapter, before entering or while underway in
the VTS area, a vessel must:
(A) Notify the VTC;
(B) Make the required voice radio position reports as set forth in
Sec. 161.60 and required by Sec. 161.20(b) of this chapter;
(C) Make other voice radio reports as required by the VTS; and
(D) Restore the AISSE to operating condition as soon as possible.
(iv) Whenever a vessel's AISSE becomes non-operational due to a loss
of position correction information (i.e., the U.S. Coast Guard dGPS
system cannot provide the required error correction messages) a vessel
must:
(A) Make the required voice radio position reports as set forth in
Sec. 161.60 and required by Sec. 161.20(b) of this chapter; and
(B) Make other voice radio reports as required by the VTS.
(v) Whenever a vessel's AISSE becomes non-operational before getting
underway in the VTS area, permission to get underway must be obtained
from the VTC.
Note: Regulations pertaining to Automatic Identification System
Shipborne Equipment (AISSE) required capabilities are set forth in Part
164 of this chapter.
[CGD 90-020, 59 FR 36335, July 15, 1994, as amended by CGD 95-033, 60 FR
28333, May 31, 1995; CGD 97-023, 62 FR 33365, June 19, 1997; USCG-1998-
3799, 63 FR 35533, June 30, 1998; USCG-2003-14757, 68 FR 39368, July 1,
2003; USCG-2003-14757, 68 FR 60570, Oct. 22, 2003]
Sec. 165.1706 Gastineau Channel, Juneau, Alaska--Safety Zone.
(a) Location. The following area is a safety zone: the waters in
Juneau Harbor within a 300 yard radius of the vessel or waterfront
facility located at 58[deg]17[min]41[sec] N, 134[deg]24[min]22[sec] W
used to conduct fireworks displays.
(b) Effective date. The safety zone becomes effective on July 3 each
year at 10 p.m. ADT. It terminates at the conclusion of the fireworks
display at approximately 2:30 a.m. ADT on July 5 each year, unless
sooner terminated by the Captain of the Port. If the fireworks display
is postponed because of inclement weather, the date and duration of the
safety zone will be announced in the Local Notices to Mariners.
(c) Regulation. In accordance with the general regulations in Sec.
165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port, Southeast Alaska.
[59 FR 31934, June 21, 1994, as amended by COTP Southeast Alaska 00-018,
65 FR 81363, Dec. 26, 2000]
Sec. 165.1708 Tongass Narrows, Ketchikan, Alaska--Safety Zone.
(a) Location. The following area is a safety zone: the waters in
Tongass Narrows within a 300 yard radius of the
[[Page 793]]
barge located at 55[deg]20[min]32[sec] N, 131[deg]39[min]40[sec] W used
to conduct fireworks displays.
(b) Effective date. The safety zone becomes effective on July 3 each
year at 10 p.m. ADT. It terminates at the conclusion of the fireworks
display at approximately 2:30 a.m. ADT on July 5 each year, unless
sooner terminated by the Captain of the Port. If the fireworks display
is postponed because of inclement weather, the date and duration of the
safety zone will be announced in the Local Notices to Mariners.
(c) Regulation. In accordance with the general regulations in Sec.
165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port, Southeast Alaska.
[59 FR 31933, June 21, 1994, as amended at 65 FR 81362, Dec. 26, 2000]
Sec. 165.1709 Security Zones: Liquefied Natural Gas Tanker Transits
and Operations at Phillips Petroleum LNG Pier, Cook Inlet, AK.
(a) Location. The following areas are established as security zones
during the specified conditions:
(1) All navigable waters within a 1000-yard radius of the Liquefied
Natural Gas (LNG) tankers during their inbound and outbound transits
through Cook Inlet, Alaska between the Phillips Petroleum LNG Pier,
60[deg]40[min]43[sec] N and 151[deg]24[min]10[sec] W, and the Homer
Pilot Station at 59[deg]34[min]86[sec] N and 151[deg]25[min]74[sec] W.
On the inbound transit, this security zone remains in effect until the
tanker is alongside the Phillips Petroleum LNG Pier,
60[deg]40[min]43[sec] N and 151[deg]24[min]10[sec] W.
(2) All navigable waters within a 1000-yard radius of the Liquefied
Natural Gas tankers while they are moored at Phillips Petroleum LNG
Pier, 60[deg]40[min]43[sec] N and 151[deg]24[min]10[sec] W.
(b) Special Regulations. (1) For the purpose of this section, the
general regulations contained in 33 CFR 165.33 apply to all but the
following vessels in the areas described in paragraph (a):
(i) Vessels scheduled to moor and offload or load cargo at other
Nikiski marine terminals that have provided the Coast Guard with an
Advance Notice of Arrival.
(ii) Commercial fishing vessels, including drift net and set net
vessels, fishing from the waters within the zone, if
(A) The owner of the vessel has previously requested approval from
the Captain of the Port representative, Marine Safety Detachment Kenai,
Alaska, to fish in the security zone and
(B) Has provided the Captain of the Port representative, Marine
Safety Detachment Kenai, Alaska current information about the vessel,
including:
(1) The name and/or the official number, if documented, or state
number, if numbered by a state issuing authority;
(2) A brief description of the vessel, including length, color, and
type of vessel;
(3) The name, Social Security number, current address, and telephone
number of the vessel's master, operator or person in charge; and
(4) Upon request, information on the vessel's crew.
(C) A vessel owner or operator is required to submit the information
one time, but shall provide the Captain of the Port representative
updated information when any part of it changes.
(D) The Captain of the Port must approve a vessel's request prior to
being allowed into the security zone at the Phillips Petroleum LNG Pier.
(E) The vessel is operated in compliance with any specific orders
issued to the vessel by the Captain of the Port or other regulations
controlling the operation of vessels within the security zone that may
be in effect.
(2) All persons and vessels shall comply with the instructions of
the Captain of the Port representative or the designated on-scene patrol
personnel. These personnel are comprised of commissioned, warrant, and
petty officers of the Coast Guard. Upon being hailed by a U. S. Coast
Guard vessel by siren, radio, flashing light, or other means, the
operator of a vessel shall proceed as directed.
(3) The Marine Safety Detachment Kenai, Alaska will notify the
maritime community of these security zones by publishing a Local Notice
to Mariners and via a bimonthly marine Broadcast Notice to Mariners.
[COTP 02-001, 67 FR 44059, July 1, 2002]
[[Page 794]]
Subpart G_Protection of Naval Vessels
Authority: 14 U.S.C. 91 and 633; 49 CFR 1.45.
Source: LANT AREA-02-001, 67 FR 31960, May 13, 2002, unless
otherwise noted.
Sec. 165.2010 Purpose.
This subpart establishes the geographic parameters of naval vessel
protection zones surrounding U.S. naval vessels in the navigable waters
of the United States. This subpart also establishes when the U.S. Navy
will take enforcement action in accordance with the statutory guidelines
of 14 U.S.C. 91. Nothing in the rules and regulations contained in this
subpart shall relieve any vessel, including U.S. naval vessels, from the
observance of the Navigation Rules. The rules and regulations contained
in this subpart supplement, but do not replace or supercede, any other
regulation pertaining to the safety or security of U.S. naval vessels.
Sec. 165.2015 Definitions.
The following definitions apply to this subpart:
Atlantic Area means that area described in 33 CFR 3.04-1 Atlantic
Area.
Large U.S. naval vessel means any U.S. naval vessel greater than 100
feet in length overall.
Naval defensive sea area means those areas described in 32 CFR part
761.
Naval vessel protection zone is a 500-yard regulated area of water
surrounding large U.S. naval vessels that is necessary to provide for
the safety or security of these U.S. naval vessels.
Navigable waters of the United States means those waters defined as
such in 33 CFR part 2.
Navigation rules means the Navigation Rules, International-Inland.
Official patrol means those personnel designated and supervised by a
senior naval officer present in command and tasked to monitor a naval
vessel protection zone, permit entry into the zone, give legally
enforceable orders to persons or vessels within the zone, and take other
actions authorized by the U.S. Navy.
Pacific Area means that area described in 33 CFR 3.04-3 Pacific
Area.
Restricted area means those areas established by the Army Corps of
Engineers and set out in 33 CFR part 334.
Senior naval officer present in command is, unless otherwise
designated by competent authority, the senior line officer of the U.S.
Navy on active duty, eligible for command at sea, who is present and in
command of any part of the Department of Navy in the area.
U.S. naval vessel means any vessel owned, operated, chartered, or
leased by the U.S. Navy; any pre-commissioned vessel under construction
for the U.S. Navy, once launched into the water; and any vessel under
the operational control of the U.S. Navy or a Combatant Command.
Vessel means every description of watercraft or other artificial
contrivance used, or capable of being used, as a means of transportation
on water, except U.S. Coast Guard or U.S. naval vessels.
Sec. 165.2020 Enforcement authority.
(a) Coast Guard. Any Coast Guard commissioned, warrant or petty
officer may enforce the rules and regulations contained in this subpart.
(b) Senior naval officer present in command. In the navigable waters
of the United States, when immediate action is required and
representatives of the Coast Guard are not present or not present in
sufficient force to exercise effective control in the vicinity of large
U.S. naval vessels, the senior naval officer present in command is
responsible for the enforcement of the rules and regulations contained
in this subpart to ensure the safety and security of all large naval
vessels present. In meeting this responsibility, the senior naval
officer present in command may directly assist any Coast Guard
enforcement personnel who are present.
Sec. 165.2025 Atlantic Area.
(a) This section applies to any vessel or person in the navigable
waters of the United States within the boundaries of the U.S. Coast
Guard Atlantic Area, which includes the First, Fifth, Seventh, Eighth
and Ninth U.S. Coast Guard Districts.
Note to Sec. 165.2025 paragraph (a): The boundaries of the U.S.
Coast Guard Atlantic
[[Page 795]]
Area and the First, Fifth, Seventh, Eighth and Ninth U.S. Coast Guard
Districts are set out in 33 CFR part 3.
(b) A naval vessel protection zone exists around U.S. naval vessels
greater than 100 feet in length overall at all times in the navigable
waters of the United States, whether the large U.S. naval vessel is
underway, anchored, moored, or within a floating drydock, except when
the large naval vessel is moored or anchored within a restricted area or
within a naval defensive sea area.
(c) The Navigation Rules shall apply at all times within a naval
vessel protection zone.
(d) When within a naval vessel protection zone, all vessels shall
operate at the minimum speed necessary to maintain a safe course, unless
required to maintain speed by the Navigation Rules, and shall proceed as
directed by the Coast Guard, the senior naval officer present in
command, or the official patrol. When within a naval vessel protection
zone, no vessel or person is allowed within 100 yards of a large U.S.
naval vessel unless authorized by the Coast Guard, the senior naval
officer present in command, or official patrol.
(e) To request authorization to operate within 100 yards of a large
U.S. naval vessel, contact the Coast Guard, the senior naval officer
present in command, or the official patrol on VHF-FM channel 16.
(f) When conditions permit, the Coast Guard, senior naval officer
present in command, or the official patrol should:
(1) Give advance notice on VHF-FM channel 16 of all large U.S. naval
vessel movements; and
(2) Permit vessels constrained by their navigational draft or
restricted in their ability to maneuver to pass within 100 yards of a
large U.S. naval vessel in order to ensure a safe passage in accordance
with the Navigation Rules; and
(3) Permit commercial vessels anchored in a designated anchorage
area to remain at anchor when within 100 yards of passing large U.S.
naval vessels; and
(4) Permit vessels that must transit via a navigable channel or
waterway to pass within 100 yards of a moored or anchored large U.S.
naval vessel with minimal delay consistent with security.
Note to Sec. 165.2025 paragraph (f): The listed actions are
discretionary and do not create any additional right to appeal or
otherwise dispute a decision of the Coast Guard, the senior naval
officer present in command, or the official patrol.
Sec. 165.2030 Pacific Area.
(a) This section applies to any vessel or person in the navigable
waters of the United States within the boundaries of the U.S. Coast
Guard Pacific Area, which includes the Eleventh, Thirteenth, Fourteenth,
and Seventeenth U.S. Coast Guard Districts.
Note to paragraph (a): The boundaries of the U.S. Coast Guard
Pacific Area and the Eleventh, Thirteenth, Fourteenth, and Seventeenth
U.S. Coast Guard Districts are set out in 33 CFR part 3.
(b) A naval vessel protection zone exists around U.S. naval vessels
greater than 100 feet in length overall at all times in the navigable
waters of the United States, whether the large U.S. naval vessel is
underway, anchored, moored, or within a floating dry dock, except when
the large naval vessel is moored or anchored within a restricted area or
within a naval defensive sea area.
(c) The Navigation Rules shall apply at all times within a naval
vessel protection zone.
(d) When within a naval vessel protection zone, all vessels shall
operate at the minimum speed necessary to maintain a safe course, unless
required to maintain speed by the Navigation Rules, and shall proceed as
directed by the Coast Guard, the senior naval officer present in
command, or the official patrol. When within a naval vessel protection
zone, no vessel or person is allowed within 100 yards of a large U.S.
naval vessel unless authorized by the Coast Guard, the senior naval
officer present in command, or official patrol.
(e) To request authorization to operate within 100 yards of a large
U.S. naval vessel, contact the Coast Guard, the senior naval officer
present in command, or the official patrol on VHF-FM channel 16.
(f) When conditions permit, the Coast Guard, senior naval officer
present in command, or the official patrol should:
[[Page 796]]
(1) Give advance notice on VHF-FM channel 16 of all large U.S. naval
vessel movements;
(2) Permit vessels constrained by their navigational draft or
restricted in their ability to maneuver to pass within 100 yards of a
large U.S. naval vessel in order to ensure a safe passage in accordance
with the Navigation Rules; and
(3) Permit commercial vessels anchored in a designated anchorage
area to remain at anchor when within 100 yards of passing large U.S.
naval vessels; and
(4) Permit vessels that must transit via a navigable channel or
waterway to pass within 100 yards of a moored or anchored large U.S.
naval vessel with minimal delay consistent with security.
Note to paragraph (f): The listed actions are discretionary and do
not create any additional right to appeal or otherwise dispute a
decision of the Coast Guard, the senior naval officer present in
command, or the official patrol.
[PAC AREA-02-001, 67 FR 38394, June 4, 2002]